The Omaha Daily
Is l)ut nnotlier word for doner
co-opcrntlon between buyer ami
seller, for mutual benefit.
VOL. XL1I-N0. 285.
OMAHA. FRIDAY MORN121
1(5, li)13-TVHliVFi P.USKN.
SINGLE COPY- TWO CENTS
VOTE ON PROBE INTO
Debate Whether Governor Has
Right to Create Military Zone
Grows Hot in Chamber.
BORAH DENOUNCES ACTION
Asserts No Power Exists ,to Supplant
Courts with Martial Law.
Goff Comes to Defense of State's
Executive, Citing Precedents.
QUESTION TO COME UP LATER
"Mother" Jimrn mill Number of
Union Offlelnln Occupy Svnta
In Gallery IturliiK the
WA8HINOTON, May 15. The sennte
listened for nn hour and a half today
to a discussion of the rlRht of West Vir
ginia's governor to establish a military
rone in ills state, to set up martial law
there and to say that prisoners brought
before the military tribunal, created by
him, should bo tried by It Instead of in
the civil courts. Penator Kern's resolu
tion for un investigation of conditions
in West Virginia coal fields, which
brought forth the argument, failed once
more to oomo to a vote. Mr. Kern and
Senator Qoff, the leaders of the fight
agreeing that It bo laid aside temporar
ily, that debate on the question 'of tar
iff hearings might be continued. The
resolutions come up again at the next
"Mother" Jnnon In Rnllrry.
"When consideration of the resolution
was continued, "Mother" Jones and a
number of West Virginia labor union of
ficials occupied seats In the senate gal
lery nnd followed closely the argument
made by Senator Goff, who engaged In
n spirited clash with Senator Borah
author of the original resolution of In
quiry Into the West Virginia situation,
Introduced at the last session.
The discussion concerned the authority
of the governor of West Virginia to Issue
an order declaring martial law, which
closed the civil courts and substituted
therefor the courtmartlal. Senator Goff
maintained that this act was upheld by
previous decisions of the supreme court
of the United States and the supreme
court of Pennsylvania.
"If In such cases," Senator Borah de
clared, "the governor of ttio state can
close the doors of the cour's.and deny
the right of trial by ury when the courts
are able to proceed with cases under
their Jurisdiction and we, the United
MSttttes,TfclT(forcedto sit Idly by and see
itRroceed, we become Mexloanlzed tn
Snyn Governor linn KlKlit.
"If there is a state of insurrection,"
Senator Goff replied, "the governor haa
the authority to put the whole state un
der martial law with the commander-in-chief
to control It by his own will. That
Is the law of war."
"There Is not any power 'n this gov
ernment." said Senator Borah, "to sup
plant the civil courts with military law."
Aviator Hurt by
Fall Down Stairs
WASHINGTON, May 15. Ueutenant T.
G. Ellyson, attached to the United States
l.avy aviation squad, successfully received
falls from great heights only to tumble
Oown ii flight of stairs In the Union I
station here. As ft result of the lnjurlet J
sustained In the fall the navy officer hat !
brought suit against the railroad com- j
pany for 110.000 damages. The suit It
filed In tho Rupreme court of the District
The accident, according to the blrdman,
happened January 18 last. He claims
that in descending the stairs to a train
he stepped on some grease or other slip
pery tubstdnce and shot down the steps
a dlstanco of ten feet. Ills right ankle
wns fraetured and Lieutenant Ellyson de
clares that as a result of the Injury ht
was denied the 35 per cent Increase In
salary recently allowed navy officers vol
unteering for the aviation squad.
Memory Conies Back
After Twelve Years
WARREN. Pa., May 15. Disappearing
twelve years ago, after some mental
trouble, John Oliver of Chicago, a wealthy
landowner of West Virginia anil Pennsyi
vanla, regained hla memory yesterday
after meeting with nn accident In a
sand plant at Torpedo, near here, lit
is in a hospital here awaiting the arrival
of a brother from Chicago.
Oliver said he owned 120 building lots
near Wheeling. W. Va., and that he had
valuable land In the vicinity of Lar,.
caster, Pa. A t legram sent to his broth ei
in Chicago by the county" commissioners
brought a prompt reply and confirmation
of the man's story.
WATCHMAN IS BOUND
AND DIAMONDS STOLEN
NEW TORK, May 15,-Two masked
burglars bound and gagged Henry Bar
tel, night watahman at a Maiden lw
skyscraper In the heart of the whole
sale diamond district today. locked h'm
in a vacant room and leisurely looted tho
safe of Slgmund Kohn. a diamond setter
with offices on the floor above,' of J1.000
tn gems. They escaped with their booty.
Bartel broke from his bonds an hour
and gave the alarm.
Bartol told the police that the tno '
men leaped out of the shadows on the
first floor about sanup, bore him to he
flu and throttled him before he could
make an outcry. They gagged him with
handkerchiefs and bound him with rop.a.
he said. Leaving him, they 'used a
diamond pointed cutter to remove 'he
glass from Kohn's dtor. The safe, a
small, old-fashioned affair, waa ually
Drawn for The Bee by Powell.
UNION PACIFICHAS NEW PLAN
Will Withdraw Requsst for Exclu
sive Use of Cut-Off.
HAS CERTAIN OTHER DEMANDS
Itenort Hayii It AVnnt to Take Over
the Central Pnclfic lit Ileducoil
Price of Ninety-One Mil
SAN FHANCISCO, Cal., May 15.-The
San FranclsctrThfonicld publishes the
statement that, according to confidential!"10 hot,r of 11:80 ! wUcn
advices received here, the Union Paclflo ' children and most grown people havo
has devised a new plan for the dissolu
tion of the Union Pacific and Southern
Pacific, and Is prepared to submit It to
United States Attorney General Rey
nolds. It Is probable, says the report,
that the plan will be laid, .before the
btate Railroad commission Informally
within a few days In order that a prior
understanding with the commission may
be reached before the details of the plan
are made public.
It Is understood the Union Pacific seeks
principally the purchase of the Central
Willing tn Withdraw Demand.
It Is stated, according to the advices
received, that the Union Pacific is will
ing, under certain conditions, to with
draw Its previous demand for exclusive
privileges over the Southern Pacific prop
erty, thus opening tho way for the West-
ern Pacific and Atchison, Topeka & Santa
Fe to claim a share of the business on
(Continued on Page Two.)
Wilson and Bryan
Will Draft Note to
WASHINGTON, May 15. President Wll
son has arranged to confer with Secre
tary Bryan tomorrow before the cabinet
meeting to draft a reply to the formal
protest by Japan against the California
antl-alten land bill which Governor John
son has announced he will sign.
The note will bo submitted to the cabi
net and then delivered to the Japanese
ambassador. Indications are that the
attitude of the federal government to
ward the legislation Itself, as well as
questions of discrimination raised by
Japan, will be defined.
Father of Senator
Ollis Found Dead
ORD, Neb., May 15.-(8pedal Tele- '
gram.) J. A. Ollls, sr., father of Senator '
Ollls, found dead In bed this morning, 1
aged St years, had been In falling health j
some months, but for the last week np-
rarently was Improving. His death was ;
due to old age..
GRACE STRINGER, YANKTON
GIRL. SUDDENLY VANISHES
YANKTON. May 15.-(Speclal.)-Frlends
here are deeply concerned over the dls-
appearance of Grace Stringer, n young
girl of 17 years, who left the home of .
her employer. Mr. O'Donnell, Saturlay i
..... . , , . I
nl'.ht and has not since been seen. The
. , .... . , , ,
girl left behind a short note saying, j
"there was a man In the case." She was l
sen at the Milwaukee depot about tho
t'rne the 9 o'elock train left for the west.
ii in irurcu ninio ruoviB imve jm-Keu j
r-cr up. All e'forls on the rart of of-
fleers to locate the missing gill hav
proven irimies. i-uiuiciiy not en asxeti 1 The Senate,
for In the hope r.f f'ndlnz the girl, why Resumed debate on Pen'rose-LaFollette
has a noticeable lisp In her voice. ani-r.dmeiic to hold hearings on tariff bid
An Important real estate deal has Jmt I Appropriations committee agreed to re
been closed here by wh.-U the Bend.e. I SSMaa'tiort' "tf
tine Sisters have purchased, from the ! Poatotflce department,
heirs, the valuable Groetlnger property . ..
of eighty acres, within the city limit on " ?."
tt.. ,... j.. 1 Considered private bills.
the west ilda. J Adjourn t 11:15 p. m. to oooa yrtda
Getting the Habit
'"" "V, x i
L. OLD- CLOZ7Z) , -f
u. X v-- 1 :E:::iH?K I
A Pointed Protest,
but Not Against Bee
To tho Krtltor of Tho-Ileo: I want
to suggest Mint if at any ttmo In thn
future any community should havo
the misfortune to bo visited liy tor
nado, flood or other disaster, and
gonio "cntorprlsliiK" Oinnltu newspa
per publishes an "extra" Hiving ho
jicivn, nnd -scuds -out lusty-lungcd
newsboys on tlio residence streets-nl
retired and ought not he aroused
from their sleep with tho terrifying
cry, "Another Tornado Many hive
Lout," tluit Mi la enterprise ought
to be reworded by prosecution
disturbing tho peace.
8410 Burt. J. il. SCHMIDT.
Courtship is Not
Part of Brakeman's
DISS MOINES. Ia., May 15.-The Rock
Island Railroad company is nol liable ror
the Injury of Miss Klma Johnson of John-
n county, which resulted when a brnke-
man In Its employ delivered i love men
sage, weighted with a signal torpedo,, to
her last summer.
The Iowa supreme court so decided to
day. Prom-the court-record-It-appeared that
Miss Johnson's home was noar the rail
road. It became the brakeman's habit
Jo throw her noten from the train on
whloh he was passing. One day he de
sired to send a message, to the girl and
a signal torpedo was the handiest weight
he could find. A sister of Miss Johnson
carried the torpedo-weighted, message to
her, but In some manner-una dropped It
and was hurt in the explosion.
The court In Its opinion today said!
"I.Ike other departments of government,
the courts are progressing along some
lines. Rut It will be some time before
the courts can hold that a mere act ot
courtship can be deemed referable to
the commands of the employer."
The verdict of the lower court In favor
of the railroad company was affirmed.
MUST REFUND MILLION
OF CORPORATION TAXES
WASHINGTON, May lli.-More than
tl.WK',000 collected In corporation taxes
lm,,t be surrendered by the treasury ax
a result of the supreme court's decision
tnat a corporation Irat-lng Its propertr
aml deriving Its only Income from that
Ifaso is not "doing business" within the
meaning of the law and Is not taxable.
IN BUFFALO ELEVATOR
BUFFALO. N. V., .May 15 Fire today
? ohtoVnd I nmTn
t L51 J Lt , "'T'' ;m
' lu.h i
iiJht" . hrf. I r 7 , en"a'
JC?le f bx ca" nnd
the fire house of the fire boat Por
... ,... . . " " "''
The loss will exceed Jl.000,000.
'The National Capital
Thursilny, May in, 1013.
Serenity of Sessions Broken by
Fee Splitting Topic,
ACCUSATIONS FLYING FAST
Paper by Dr. (ilfford HlHrla Nome
thing; nnil Thru the Uannl Calm
of MiltcnlAN-6c1ntrnn Meet
In km In llrnkeii.
i Personal accusations of fee-splitting,
vohement dentals and shouts of. Encour
agement from supporters turned the
morning session of the Nebraska State
Medical association Into a state of tur
moil and excitement and for a while
promised to proclpttato some of the
members Into a free-for-nll fight and
necessitate the assistance of fellow mem
bers In their official position,
The session waft cheduled to close with
general good feeling existing among the
members of the medical profession. A
paper read by Dr. Harold Olfford, In
which he touched on the fee-spllttlns
situation, opened a debate on this Im
portant question and the arguments
waxed so hot the eleotlon of officers,
which wus to have taken place, won en
tirely forgotten In view of the Interesting
topic before the meeting.
Assistant City Physician Langfrfd
maintained the law enacted by the recent
leglslaturo In regard to fee splitting was
unconstitutional and could not bo en
forced, He said there won not a doubt
but that fee splitting was going on n
the profession. The younger doctors find
this an easy way of getting money to
pay the heavy expenses they Incur after
getting out of college and have no
scruples about securing it in this man
ner, he stated.
Slur Split Keen.
Many older doctors prominent Ir. the
profession In Omaha have succeeded
through the practice of fee splitting, ht
said, In conclusion, nnd that these men
are the very ones that are "hollering"
the loudest for reform In niedlcul circles.
Dr. . W. O. Henry took a shot at tlm
thriving physician who, employs a num
bejLyWbi'aar'aaslitanl In his offl-e
at the'salary or abouV 175 per month
and then charges patients a uniform tee
(Continued on Page Two.)
Twister Blows Through Northwest
ern Part of City Shortly Before
Six O'clock Last Evening.
WOMEN AND CHILDREN VICTIMS
Caught by Storm, with No Chance
to Seek Safe Place.
CRUSHED IN WRECK OF HOMES
Housewives Overtaken as They
Were Preparing Evening Meal.
NINETEEN HOMES DESTROYED
Damage to Property Will Bo About
GRANDSTAND IS BLOWN DOWN
Two Hundred Pcrsonn Left it Just
FARMERS ALSO QUFFER LOSS
Lives Taken and Proporty
stroyed Through Country.
OTHER T0WN8 NOT DAMAGED
Tornnilo Which Knrmeil Nenr I, null
Ion MUnea McL'mil, Utien unit
Tnniorn Mnny I'lirm lloimra
unit Hum lllotrn Down.
(From a Staff Correspondent.)
SHWAItD, Nob., May 15. (Spe
cial Telegram.) Forty portions nre
estimated to bo homeless na a rosult
of tho tornado that swept through
tho wost part oft ho city Wednesday
ovontng. All havo been taken Into the
homos of frlonds nnd aetiualntancos
and havo boon niado comfortable
Clothing has been furulshod by
frlonds to thoso who lost till they
had In tho tornado.
Tho same spirit of willingness to
bear tho calamity and do tho work
no'cessary to clear tho city of tho ear
marks of tho catastrophe that was
shown tn tho Omaha' tornado Kastor
Sunday Is manifest at Soward. Hvon
before noon today tho rap-tap of tlio
hammers was hoard In many sections
and great blotchos of now shlnglos
appeared on tho partially demolished
roofs. At tho same tlmo tho ring of
many axes resounded tip and down
tho thoroughfares of destruction as
tho axmcn cut up tho fallen troon and
romovod them from whoro thoy woro
obstructing streets and sidewalks nnd
from what had boon boautlful lawns.
HcnrchlnK for Troiwurcs.
All day afflicted porsons soarchod
In tho ruins of tholr former homos
trampling rocklossty over tholr
crushed pianos and other formor val
uables whllo thoy snatched eagerly
at a precious photograph horo and
thoro amid piles of pulvoriisod
plastering and wiped tho mud
from a woll-boloved book found
driven partly into tho ground.
Thousands of porsons camo to
Seward from tho neighboring townB
all day on tho various trains to soo
the ruins, They tramped aimlessly
about over .tho storm-swept district
until they wero woary and soro of
foot, when thoy again sought tho
depot and Jammed the trains for
homo so that standing room was
As tho day wore on more and mora
Information sifted grndunlly Into
Sowarl in regard to farmhouses de
stroyed oast and wost of tho city. It
was loarned In the aftornoon that
tho farmhouses ot Ed Boaman, J, R.
Lawyer, John Oako, A, Oronemolor
Scenes of Wreckage at
UKNHT riQAiU Knv TWISTER HAD I'AEtiEtt
SONS KILLED, TWENTY-FIVE
D BY TORNADO AT SEWARD, NEB.
, n ft' T
! FjZbnork Co.
COUUSlll OV TWISTUK THROUGH
HE SAVED BURLINGTON TRAIN
FltANlC PEYTON, JR.
and Anson Smith, all noar Tamora,
wero also wrockod.
liOKN of Life nnd Property.
Nlnotoou homes tiro known to bo
completely wreokod, roprooentlng n
proporty Iohh ot some f8S,000 or
$38,000. Some of this Is covered
by tornado Insurance. No flreB fol
lowed the destruction,
Tho tornado did not strlko tlw
best resldenco portion of tho city,
passing rather through tho portion
occuplod mostly by laboring men.
Perhaps tho best residence de
stroyed was that of Ernost 0. Hoi
land, which was one of tho resi
dences or which Howard was proud.
Mr. Hollnnd was outside when ho
saw the cloud ooming. Ho ran into
tho house and down to tho baso
ment, calling to his wlfo as ho ran,
Mo bollovod she wus already in tho
basement. Instoad sho wns in tho
attic, whoro tho storm caught hor.
Sho escaped with a broken arm.
Tho buildings of tho Seward
County Voir association, valued at
a e ward
YOHK AND dUWAhi) lOt'NTti-t.,
HAMUHL O. (JKIM.
MltH. (3. W. KD.MO.S'DfK
MIIH. WllililAM HAB JKK,
MHK. DAVID HOOVli.
.MICH. DA.V1D IMIAi.
.MIIH. UllltlH V. VAJsJtfltttAN.
KUMA .SL'lIUliS, lUilo naufi-ilar'
of Aujiunt Hchtittz.
Joo Taylor, wilorcil, lio-itl cut taid
mM. Coleman; colored, bruised
ubout head mill body.
Mm. Libby lluyci.
Ottcur Kookci', trrulscfl by n brirk,
Mrt. Mary Bpcur, bnitset1. and
Hcurrcd in crowllnjr from viccumja
of her home,
Victor Wuasennnn, arm broken
nnd sculp woumlx,
Mrs. Atiatist Sclndtx, burned nbou,
Unity tlniiRliler or MM, A"Knas.
KcIhiIIj:, burned on hands and llmbot
will live. ....
Two yonr old son of Mrs. Auttutt
ScliuUr, left arm broken, hip lacer
ated, Krcd Steinbeck, eye almost torn
from socket, broken sbouldor bladp,
luceratcd face and wrist,
Mrs. Fred Htelnber.k, numorqia
William HataiiiRer, only ulialuly
brulneil and HiiffovlriK from shock.
Hint, r-rnest iiouanu ' arm nrKon,
Bnmll Child of Mrs. Henry Klrd,
John Flke, arm and ribs brokfcHi
M'ra, John Flke, two ribs broken l
and other Injuries,
Mrs. C. Iinngworthy, slight in-1
Little daughter or Mr. and Mrs,
Fred Hlelnheck, slight Injuries,
Niece or Mrs. It. Imlny, sIlRht In
Mrs. David Imlny.
Oscar K roc-Re r.
C. Ij. Wnsncrman.
O. H . Wullrnwnber.
iIrs. Lucy Ilnylea.
Mw. Mnrj- Spear.
H. C. Holland.
5T.O00, nere completely destroyed.
The tornado o track the fair
erounds flrtt, a Uttlo irast of the
city. Alter demolishing- the balid
tni there. It croaaed what is knosru
as the ITorwesho bend at fUiu BIub
rtTer aad struck first the R. !L
Imhty heme- It plowed a path
-bout one block: wide and ccxriy a
mtle fear through, the northwerc
part ot the city from eonthwest to
The German. Lutheran cntScce, 'a
the north pert oC the town, wuh tio
i.ist place fn the city struck. Tho
roof ct one ot the bulldlnga there
Samuel C. Crfnt irus MTied. a. ahof t
distance Cram tdt home. He hz t
(Cbnttnued cm Vxr Three)
Keeping the Home
Cool in Simmer
is not difficult when one exer
cises judicious care, watchful
ness and correct economy.
Glectrlo farm are no longer lux
They are- everyday necessities.
Light draperies, cool look
ing Colonial rugs, screens.
shades, refrlgoratora and tho
hundred and one things that
contribute to home comfcr.
and coolness are to be pur
chased through DEE advertise
menu at prices that save you
Merchants seeking to attract
and stimulate trade are offertnu
goods through The 13 EK at special
And so when you buy thins
to keep the home cool buy
them through BEE advert.-o
ments you may be sure
are saving money and aro g t-
ting good values.
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