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The Omaha Daily Bee
THE OMAHA DEE In tho most powerful business petter In the west, because It goes' to the homos of poor and rich. WEATHER FORECAST. For Nebraska rartly cloudy. For Iowa Snow flurries. For weather report sre pnfjo 3. VOL. XXXia-KO. 145. OMAHA, WEDNESDAY MORNING, DECEMBER 29, 1909 TEN PAGES. SINGLE COPY TWO CENTS. He Can't Feed the Animals LAWYERS CLASH OVER NEW PLANS PTKADA SPURNS PEACEPROl'OSAL Revolutionary Party Will Not Recog nize Election of Madriz by the Assembly. Aid for Widows and Orphans of Cherry Disaster FAIT WORKING ON HIS MESSAGE It Will Deal with Proposed Changes Ear Association Turns Down Propose in Interstate Commerce and Sherman Acts. tions of Legislative Committee After Heated Argument. Red Cross Society Takes Initiative in Plan for Furnishing Permanent Relief to Victims. mil WITHOUT At CABINET DISCUSSES . MATTER UNPAID ORATORS LOSE FIGHT feed THZ found Mil W Ah 6V0DtR or Insur jent Leader Says New Pre. is a Usurper. MADRIZ PRESENTS HIS PLANS, He Wants Both Armies Disbanded and Arms Turned Over to Him. ZIXAYA'S ENEMIES REJOICE nrlllKh' Connnl at Corlato Denies Xtory that ZeUra Wan Offered Asylum on the (miner Shervrater. WASHING TON. lec. 2S. General ' K tiiirta, revolutionary loader, will not accept tin: extraordinary tcr:ns proposed by the new president, Madriz, ait a basis for peace. A telrgram from Blucttled received lato Inst night states that on the 22d Inst., Miidrla had proposed. In a telegram to Es fiij'Ia, a suspension of hostilities, pending Id arrival or a committee wnicn no ns sending to Estrada to discuss an amicable and equitable settlement of the present strife. Madriz begged the revolutionary leader not to obstruct his efforts for peaca. General Estrada In his reply expressed his willingness to meet the Madriz com missioners, but said the revolutionary party would not recognize the action of tlia executive assembly In placing power in the hands of Madrlr. He denied most emphatically the assem bly'a rlKht to, deal with the election of president and stated that he saw In Madriz the usurper of the rights of the Nlcarag uan people. The terms upon which Madriz la willing to make penre, it Is believed, are shown In a letter which purports to have been f!ned by him and addressed to a friend. In It he expressed his desire, for pence without further bloodshed and stated that whulever might happen compatable with hlb dignity and with the public Interests, he was willing to accept. I Wants Government Reeoatnlsed. Ho nays further that the revolutlonista should recognise his government and that after such recognition both armies should bo disbanded, all arma and ammunition being turned over to him. He states that he would recognise the debts and contracts of the revolutionists and that within six months It would look for the holding of an election, he guaranteeing free voting. He adds that l e would turn over such power as he had Impartially to the person elected president arid that he would aocept . .any, other proper conditions. . It la hot doiihted h-6 "that Estrada's well known astuteness will prevent him from accepting terma of peace, predicated upon the prior surrender by him of his army, arms and ammunition to hla enemy. A telegram from Managua received at the State department says that the Madriz party is making preparations to send rep resentatives to the eastward to meat Ze laya's army. These telegrams confirm the published report that Madrlx had ordered the arrest of Pasos, the son-in-law of the former president, on the ground that he had awlndled the government out of money, but that Pasoa has bo far succeeded In evading arrest. The minister of finance, Santos, haa been ! put In prison charged with sending unau thorized telegrams and otherwise Interfer ing with governmental mattera with which he haa no concern. Zrlaya's Enemies Rejoice. Native Nlcaraguane, exiled and driven from home by President Zelaya during his reign are rejoicing over the latter's down fall, fcr following the fleeing persident with Insulting telegruma and even Inviting him to come to the Mexican frontier and meet them in physical combat. One of them. Dr. Marcos E. Velaquez, now In Washington, wired Zelaya at Mex ico City today, reciting the lattei-s al leged shameless career In Nicaragua and Inviting him to the border line of the United States to fight a duel. Pr. Velaquez wu exiled from Nicaragua by President Zelaya nfne years ago and haa since been a resident of Panama. He came to the United States two weeks ago to lend aid to the cause of Genera: Es trada, bearing with him letters to Presi dent Taft and Secretary Knox. Mo llrUlh Atrium. MANAGUA. Nicaragua. Dec. 2S.-The statement by former President Zelaya at Kullna Cruz. Mexico, yesterday, that he had been offered asylum on the British erulacr Rhearuater by the British minister IS denied here today. The facts are these: "Zelaya, when he wished to leave the country, begged of the Hrltlsh consul to this city that he be given permission to embark on the Shearwater which was then in the harbor of Corlnto. The consul referred the matter, which In due course reached the Hrltlsh foreign office. Two days after the request had been mad the British government replied as fol'ows: "If Zelaya reached the side of the Shear water In Ms own skiff asking re-fuge he would be allowed to go on board, first. however, he must agree formally never to return to Nicaragua.'" Zelaya blaked at this condition, where upon permission tor his presence on the Shearwater wna withdrawn. Subsequently the fleeing ex-presldent agreed to the same terms when Imposed by the govern ment of Mexico. Ci n era: lrlas announced today his tnten tlon to travel abroad. He is leaving NIc araKua, he says, to free President Madriz of the suspicion that the latter means to continue the Zelayan regime. 'ASHIX'QTON, Deo. 2S. The American tri'M na taken the Initiative In a thod of furnishing relief to thoss tute through some great disaster present plan Is followed It will k ' Ho operation first for the relief of the. .widows and orphans who have been left helpless by reason of the great dis aster lust month at the Cherry mine In Illinois. Ernest P. Blcknell, the national director of the American lied Cross, In discussing tho proposed plan today, said it involved contributions to a permanent fund by tho Red Coss, the United Mine Workers of ! America and Viv atinrnnrlflrlnnB ' . f f Vi a I., ir. lslature of Illinois. The R-d Cross has given Its unqualified endorsement to the plan and the officers of the mine workers und Governor Deneen of Illinois have ex pressed their full sympathy with the move ment. The Illinois legislature meets again Jan uary 4, and it Is expected the matter wil be given the earnest attention of thu body. The officers of the mine workei will bring the subject before the miner, state convention In February next. The plan Is to consolidate the funds o the lied Cross, the state of Illinois ami the mine workers and place them in thu hands of a board, representing the three bodies. Under the direction of this board each family will be visited and Its condi tion as to Its ability to support Itself fully looked into. The amount of the allotment to each family will depend upon this In vestigation. It is proposed to continue this relief until the members of the family are able to provide for the family support. There are approximately lfc6 such desti tute families at Cherry, with about 460 children under 16 years of age. This is the first time In Its history that the Hod Cross has undertaken relief work of this character. It is Decided that Both Subjects Be Covered in Same Document. WILL NOT WAIT ON COURTS It Will Be Sent to Both Houses Next Tuesday. LICENSE FOR CORPORATIONS fUSiDtflTTAFT Fire Smoulders in Hold of Liner Four Hundred Passengers on Steamer Celtic Kept in Ignorance of Danger. ' LIVERPOOL, Dec. 28.-Flre was dlsciv ered in the hold of the White Star Liner Celtic last Wednesday, when the vessel was four days out from New York. The liner arrived here safely yesterday. The fire was still burning, but - Its presence was known to none of the 400 passengers. Immediately upon arrival the work of discharging the cargo in an .effort to reach promptly the origin of the blaze was be gun. The work was continued today. The tire started in the bales of cotton, ' The Celtic sailed from New York for Queenstown on Deoember 18. The follow ing Wednesday smoke was' discovered creeping up from among the cotton bales that filled No. 6 hold. Captain Hambelton at once ordered that the hatches be sealed. The hold had been flooded. The extent of the damage could not be determined today. President Derides to Par No Atten tion to Frequent Reqnetfts to Delay Sending: In This Mesaaare. WASHINGTON, Dec. 28. President Taft discussed with members of his cabinet to day the final details of the special message o will send to congress next, week d -altn ith proposed amendments to the Inter .ate and Sherman anti-trust laws. Mr. aft began work on the Important elocu today. At one time if was thought that the president might In this, the first of his series of special messages to congress, deal only with the Interstate commerce act, leaving his proposed discussion of the anti trust law to soino future date. He has decided, however, that as the two sub jects are bo closely related, he will adhere to his original intention of making his recommendations for changes In the two acts in one communication to the senate and house. , In this message he also will submit his recommendations for the issue of federal licenses to corporations. The proposed license will be a voluntary one, to be taken advantage of by such corporations as de sire to place themselves under federal Jurisdiction, or left alone as the directors of the corporations see fit. Will Mot Walt for Decision. It had been currently reported for some time that President Taft might delay his anti-trust recommendations until the su preme court had finally passed on the re cent Standard Oil decision. Those to whom the president has talked, however, say he has determined to go forward with his pro gram. The president and members of his cabi net, together with the Interstate commerce commissioners, have given more thought and study to needed changes In the inter si.t. rnmmori.ti nnri Anti-trust acts than to any other subjects since the beginning of 1 1U Alii UUiaJTil.J.XJJIV X lUJHJJUlooiUit the present administration. Plan Broached to Obviate the Law' Delays Gets Blue Pencil. PROPOSITIONS CAST TO WINDS When President Taft's new order goes into effect in the political zoo. From the Minneapolis Journal. POLLOCK STAYS AT AGENCY Superintendent Will Stay for While with Omaha Indians. "WINDY" SHOT KILLS FOUR One of Dead I. oat Two Relatives (he Hrersl Cherry Mine Disaster. In There has been a disposition amopg some of the leaders of the senate and house dur ing the last two days to urge the president not to send la his anti-trust message Just now. - Mft' Taft' l said- to'teel, -nevertheless, that his views on the entire subject have been so fully expressed In the past and bo generally understood as reflecting hta at titude that ' he can go ahead with his recommendations upon' the lines decided upon early In the fall. The president's message will be ready for reading in the two houses of Congress on Wednesday, January 6. Congress re assembles January 4. but will Immediately Officials Confident lied Men Misun derstand Plans for Settlement Abbott DlsenssejTChaa Bal loon to lga'B.SMXlea. Identity of Body at Kansas City Unsolved Murdered Man is Neither Harry Mc Connell of Grand Island Nor John Whitehead of Carthage, Mo. (From a Staff Correspondent.) WASHINGTON. Deo. 28. (Special Tele gram.) The Indian office, after . giving careful consideration to various communi cations from the Omaha Indians, has se cured the consent of Superintendent A. G. Pollock to.renaln at the Omaha agency to assist In completing the work of the com petency commission and in the inaugu a- Ballingcr Inquiry Open to Public President Taft and Representative Dalzell Confer on Proposed Investigation. WASHINGTON, Dec. 2S. The forthcom Ing congressional Investigation of the mat ters entering into the so-called Balllnger Plnchot controversy was the subject of a conference today between President Tafi and Representative Dalzell of Pennsylva nia, one of the republican leaders of the house. Mr. Dalzell said after the interview that the Investigation would unquestionably be carried forward by a Joint committee, com posed of from five to seven members. I'resldent Taft has agreed with the lead ers of the senate and house that a Joint Investigation, open to the public, will be the best means of thoroughly dealing with the matter. ' I adjourn out of respect to the memory of "" '"" H Senator McLaurln of Mississippi. mc m inqiana mroug.i .ne ru.p.o, ment or expert, rarmers ana tne neveiop ClarU's Minority Program. f . . f f . fc m b .. The program of the democrats In the of th. 0nmha. and the vinnebaoes. No house at this session Is to keep down the ,n..nlM.t,. nf ,, ,r,no. hM amount of the appropriation bills and to vote against ship Bubsldy," said Minority Leader Champ Clark of Missouri, today "The house leaders are rushing everything to get the appropriation measures through and that subject and the ship subsidy proposition seem to be about ihe only two things that are to be taken up. We are opposed to the ship subsidy bill. We favor a river and harbors bill. I look, for adjournment of congress in April, certainly by May I" ever been contemplated ny tne Indian offloe. Such changes as have been con templated have been toward making It easier for Indians of both tribes to trans act their business, and these changes win be put In force on January 1, as planned with Superintendent Kneale In general charge of the two reservations, Superin tendent Pollock giving his entire time to the Omahas as formerly. Superintendent Pollock left Washington this morning for Macy, Neb. Mr. Mc- Conihe, representative of the Indian office on the competency commission, left yester day for the same place. This action, It Is George I.. Homtuer, Claim Clerk of believed, will meet with the unanimous ap KANSAS CITY. Dei. 28. Although Iden tlfler at different times at the body of John Whitehead of Carthage, Mo., and Harry. McConnell of Grand Island, Neb., the corpse of the slain man found In ' a brush pile near Kansas City, Kaiu, Sun day night, lies unidentified tonight In a local morgue. Whitehead's brother-in-law, Trellus Hen dricks, who found the body, today Identi fied it, as that of his relative. Hendricks had never seen Whitehead, but he was convinced of the identity on account of the resemblance of the dead man to a photograph of Whitehead in his posses sion. , Immediately following the identification the police began a lengthy cross-question Ing of Hendricks and his wife. While the Interrogation was in progress it wa learned that Whitehead was alive and well at his home. The police said a short time before Hen dricks identified the body that an arrest wuld be made In a few hours. Now they are at sea and say they do not know how to proceed. Articles found in the dead man's pockets first led to the belief that he was Harry McConnell.: This proved erroneous. DOG BITES "MERRY WIDOW" 'Pat" Turns on His Own Mistress at Auditorium Poultry Show. BULL PUP TERRORIZES PEOPLE DROPPED DEAD IN PRIVATE CAR Black Hills Are Isolated by Snow Trains Are Blocked and Mines Sus pend Work Until Drifts Arc Cleared. PEADWOOD, P. D.. Dec. f8.-tSpeclal Telegram.) The heavy snow which has fallen during the past twelve hours, ac companied by high winds, haa rendered railroad traffic In this part of the state temporarily Impossible. No ore trains can get through and the mines have sus pended work until the drifts are cleared. No trains are expected In from outside points until tonight, and the Pierre pas senger train Is stalled between here and Whltwood. Burlington, Suffers Para lytic Stroke. KANSAS CITY, Dec. 28. George L. Ro masser, chief claim clerk of the Burling ton railroad in thlB city, suffered a par alytic stroke and (fled on the private car of J. P. Cummlngs, general superintend ent of the Burlington, today as the train was neartng this city from Maryville, Mo. Mr. Komasser had been attending a holi day family reunion at Maryville and he was surrounded by a number of the merry makers who bad attended the reunion when he was stricken. STEVENS HELD FOR MURDER Formally 1'harftrd with Killing; Darld G. Mackensle at I.e Bean, S. D. of ABERDEEN, S. D., Dec. 28. At his pre liminary examination at Selby today, B. T. Stevens was held for trial for the murder of David G. Mackenzie at Lebeau, S. IX, two weeks ago. He was brought back to Aberdeen to awart the next term of Wal worth county court. . Stevens claimed self-defense, hut Intro duced no testimony at the preliminary trial. Mackenzie was the son' of Murdock Mackenzie, a wealthy cattleman of Colorado. Police Invade Chinatown in Effort to End Tong War CENTRAL1A. Ii: Dec. 2S.-Kour shol fliers were killed In a dust explotioii, eausvd by a "windy" shot In mine No. &. two miles south of here early today. The explosion liniiK'iied ? feet from the cuge landing at the 700 foot level. The trae'k was oin awny and the work ings badly damaged. The mine has been In operation one yeMir. The dead are of foreign birth. Charles Carlson, one of the dead, ".ost two relatives In the Cherry. III., ulna disuster NEW YORK, Dec. 28. Scores of detec tives and uniformed patrolman were sent into Chinatown toduy to check, If possible, the outbreak of the Tong war. In which one Chinaman has been killed within a few hours and another mortally wounded. Police Captain Galvln stated that the new assassins, known In the Tongs as "gur; men," were sent here from Boston following the recent legal execution there of five Hip Sing Tong members, who were convicted of killing several On Leong Tong men, and that their mission was re venge. Low J una, the 76-year-old man whose body was riddled with bullets last lilght, was the treasurer of the Four Brothers society, a western Tong, which haa taken a part in the war, making It three-sided. The Four Brothers are supposed to have brought a large sum of money to this city for the purpose of employing "gun men" to kill enemies. Lu To Fong, the younger Chinese whe. was shot three times, was Low Jung's assistant , and companion. He said that four men suddenly brcke In the room and commenced firing. The police found Low Jung's Iron ironey safe and removed It to a police station. Fearing thut the newest assassination will lead to open hostilities, all Chinamen are being searched for weapons. proval of all the Indians and allay any feeling of unrest which has resulted from their misunderstanding of the plans of th Indian office. Abbott Talks of Ontlook. Assistant Commissioner Abbott, a Ne braskan, by the way, who Is developing In unlooked for ways as a champion of the Indians and at the same time realizing That new occasions demand new duties, Is Insistent the Omaha Indians An not under stand the true situation as to the so-called consolidation. Talking to The Bee correspondent, Mr. Abbott said thre were no changes contem plated so far as consolidation was con cerned, which were worthy of dlsrurslon. The only consolidation contemplated is simply an administrative change which will make It possible for the Indian office to carry out the Industrial program which has been planned at considerable expense and solely and absolutely for the good of the Omaha Indians. "Tho most Important thing In my mind," Slid Mr. Abbott, "which could interest the Omaha Indians is the question of getting their land and farming It so well or better than the best whlto farmers could farm It to raise more grain, more hogs, more cat tle, to milk more cows, raise more chick ens, sell more eggs and butter. Of course this means toll and perspiration for the Omahas, but this, in my Judgment, la their only road to self-respecting, independent citizenship. "The best Indian as well aa the best white man Is one who does the moat honest, most intelligent, hardest work In some useful occupation. The Independence of the Omaha Indians from their white creditors Is along these lines and It will be the aim of the Indian office to place the Indian on a foot ing with tho best white people and the sug gestion of the Indian office has been along a Una to make these conditions pos sible." Mr. Abbott said Mr. Pollock, Mr. Kneale, Mr. Conlhe, Mr. Marble and every clerk of the agency, be believed, was a friend of the Omaha Indiana and would do every thing Individually and collectively to carry out the Industrial program which has been planned for the good of both the Omahas and the Wlnnebagoes. Indian Appropriation. Chairman Burke of the. house committee on Indian affaire la working on the draft of the Indian appropriation bill, which will Long Distance Now to Alliance New Company Completes line Which Will Give Omaha Connection with Box Butte County. ALLIANCE. Neb., Dec. 28. (Special Tele gram.) The Wehn Telephone company, which has Just completed a line down the right-of-way of the new Union Pacific line from Bridgeport to Ogallala today an nounced that It haa opened up the first long distance telephone circuit for 'Alliance, giving this city connection with North Platte, Grand Island, Fremont, Lincoln and Omaha. When the line Is completed In detail, a similar connection will be made with Denver and other Colorado points. This company Is now In the field, and is composed of John Wehn, a banker who has a string of banks in the newly opened up territory, and is managed by B. Me hlrter, a pioneer telegraph builder of this city, who recently resigned after more than twenty years continuous service with the Burlington. - Jnst a Friendly Scnre, That's All Exposition Grows in Popularity v -.awttd- -laawe.' 'Crowds f'.- 'Attractions. "The Merry Widow" . was bitten by her Own dog at the show of the Nebraska Kennel club at the Transmlsslssippl Poul try show at the Auditorium Tuesday after noon. She had gone to the show with some of the young, women of the company to see "Pat," but he was a little excited at so much furore and snapped at her. "Pat' Is all swelled up with a new fiery red blanket. Some of tho young . women of "The Merry Widow" company took up collection to buy some roses with which to decorate the bench on which Pat sits before the admiring gaze of the thousands who attend the show. They changed their minds, however, and bought a red blanket Instead. Crowds are Increasing at the Auditorium Dog and poultry shows alawys draw large crowds In Omaha, for both dogs and chickens seem to call for admiration, espe cially when they are of such high degree as are shown" at the Auditorium. Good Judges say that the class of entries at the show Is the highest of any show ever held In the west. The raising of the entrance fee has had the effect of forcing the ex hibitors to select their best birds and to leave the scrubs at home. Judging has begun at both the chicken and dog shows. Karl Bhurman, recog nized as one of the best bench Judges of the country, began his work last night, a special Judging ring having been built In the middle of the kennel exhibits. Some of the poultry classes have already been Judged and visitors may tell the prize birds by the blue ribbons. Several dogs at the show refuse to take kit dly to the large number of visitors who pass the benches. One especially, a pit bull, Is housed In with a red blanket and haa a large sign, warning of danger. Bulldog- Causes Commotion. Superintendents of the kennel show had an Interesting time Tuesday noon. A ferocious looking pit bull with a muzzle was entered by a Japanese. The dog was placed on the bench without trouble, but soon there was an awful commotion and the big' bulldog was seen scooting across the room with bench and all attached to his chain. The dog had been sold to the Japanese to drive the rate from their restaurant. He Is more of a man eater than a rat eater and soon showed his (Continued on Second Page.) New Senator Once Had Big Reward on His Head MEMPHIS, Tenn., Dec. 28. A special to 10,000 v. as offered for his capture. Colonel ((Continued on Second Page.) the News-Sclmltar says: Sought at one time by the authorities i nder a S10,(kO reward for his capture, dead or alive, for his alleged conspiracy in the murder of a president of the United States and now appointed as a member of the legislative body of that county is the strange experience of Colonel James Gordon of Okolona, who has been named United States senator by Governor Noel as successor to the late A. J. McLaurln. Mr. Gordon was one of several confeder ate leadera suspected of being In con spiracy with J. Wilkes Booth to kill Pres ident Lincoln. He escaped arrest and prob ably death only by the Intervention, It la slated, of a Yankee colonel with whom he had crossed swords In a fight In Virginia. During th earlier years of the war Colo nel Gordon had forme an Intimate friend ship with Booth, and after the assassina tion of President Lincoln the reward of Gordon went to Canada and It was several months after the close of hostilities before he found It safe to return home. Ixirlng one of the campaigns in Vir ginia Colonel Gordon had crossed swords with the colonel of a New York cavalry regiment. Both were wounded In the con flict, but they afterwards became fast frlenda. Colonel Gordon wrote a letter to this New Yorker denying that he had any part In the, conspiracy and stating that he desired to return home. The former foe took the matter up with General Dloks, then In command of the array forces In New Yprk, and the latter sent him a pass port and an Invitation to come to New York and , surrender, which he did. He afterwards satisfied General Dicks that he knew nothing of the Lincoln conspiracy. Ha took the oath of allegiance and ' re turned to bis home in Chloasaw county,' where ha haa alnca resided. Tenth Annual Convention of State Barristers Not All Harmony. PRESIDENT BR0OAN TAPS STREAM Opening; Speerh Denis with "Xntloaal Lawmaking'"' Speaker Refers to Criticism of liar and Ilench and Ilapa at Statutes. The legislative committee of the Ne braska State B;ir association desires to he discharged. The glslatlve committee has that pained feeling which cornea when earnest efforts do not seem to be appreciated. The committee reported yesterday after noon four propositions designed to favor expedition In litigation and ti obviate tho law's delays. The bar association voted every recomendatlon down. Headed by C. C. Flansberg of Lincoln, the committee made a gallnnt fight for Its measure and the flow of unpaid oratory throughout the afternoon lacked nothing n quality or quantity because opponents of the planned reforms were not slow to del iver lengthy answers. The first proposition rejected was a rec ommendation that the American Bar as sociation be Indorsed In Its atand on action of appellate Judges with regard to error In the record of a trial. The American Bar association thinks the appellate Judges should be permitted to disregard error un less this error Is found to bo prejudicial. Thoe In favor of-tlie plan say It will per mit the disregarding of trivial technical errors In a trla'. In lower court. Clash Over Second Plan.' There was a battle royal over recom mendation No. 2 led by Ralph Breckinridge and Carl Wright of Omaha on either side. The proposition la that trial Judges should be required to make a finding as to whether the errors asserted in motions for a now trial are or not prejudicial. Like proposition I and II and IV later. this recommendation was voted down by the bar association. Proposition No. S concerned itself with oral Instruction of Juries and No. 4 rec ommended that appeals shai be taken within thirty days and filed In the supreme court together with tho original papers In the case within sixty days. The legislative committee Includes W. M. Waring; of Lincoln and A. R. O La an of Whmpr, besides Mr. Flansberg., After tho discussion of and exaoution of these- reconw mendatlons the association adjourned for the afternoon. Last evening Visiting law years were 'entertained at a smoker at the Commercial club given by the Omaha association. The meeting was altogther in formal and there were no speeches. This morning another hot fight wi'l come over the question of tho adoption of tho code of ethics, recommended by the Amer ican Bar association. The association be gan Its session yesterday with the annual address of President F. A. Brogan. President llronan's Address. President Brogan spoke on "Rational Law Making" and referred first to thu criticism which Judicial and legal procedure has been ireceivlng recently In great quantity. Mr. Brogan declared that the position of attorneys with respect to change In pro cedure can be divided into three kinds, the ultra-conservatives, the radicals and the man "who would abolish a particular rule, without any consideration of Its relation to other rulea and practices, and without any sclentlflo study of the needs of tho system as a whole. The speaker denounced all three and as serted that "the only way a legal aystem can be kept alive Ib by undergoing the usual phenomena of growth and llfo whereby dead and obsolete parts are re jected and cast away and new and living members grow up to replace them." Attacks Bank Onaranty. ' Mr. Brogan in the course of his address fired a few fervid remarks at the Ne braska bank guaranty law and again at the Nebraska anti-trust statutes. Concern ing the latter he said: "I am aware that I am treading on deli cate ground when I suggest that the multi tude of statutes for the suppression of trusts and combinations In restraint of trade have not been enforced, not simply because the men who organize and profit by the trusts are powerful and resourceful, and certainly not because the courts are either corrupt or inefficient. It Is rather because such legislation litis Ignored nat ural causes, and has run counter to In dustrial and commercial growth. instead or inquiring into the causes which have led to these fundamental changes In our method of doing business. we have pretended, but with very doubtful sincerity, to outlaw them from their In ception. Instead of making Intelligent and sympathetic study Into their nature and their causes, and providing such rational legislation as would give to the public the benefit of whatever good there may he In them, and guard ugalnNt their evil use by selfish or designing men, we have been proceeding upon the empirical and Irra tional plan of decreeing their destruction In response to the demands of political theory, "No doubt, In time, we will come to un derstand and appreciate the conditions with which we are dealing, and we will devise means, and enact laws' whereby the new Industrial methods, Instead of be ing dangerous to the' puhlto welfure, will be h amended and made docile by rational legislation and compelled to servo tho country's progress. Humor In Nebraska Lin, 'The Nebraska statute on this perplex ing question contains, wltn most uncon scious humor, a naive confession of tha irrational methods of dealing with Indus trial combinations. Like the federal law and the laws of most of the states, It makes the mere existence of a trust or monopoly or combination to control trade In a par ticular commodity, a criminal offense pun ishable by fine and imprisonment. "One of Its sections furnishes the law officers with an Instrumentality for the suppression of the crime, whereby such a combination may be excluded from contin uing In business. But In the first Instance it Is provided that It may not be excluded until it baa been twice convicted of be lug.