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The Omaha Daily Bee
WEATHER FORECAST. For Nebraska Partly rlourty; cold. For Iowa- ln!r; cold. For weattn'i report sen yr.' 3. THE OMAHA DEE a clean, reliable newspaper that In admitted to t:irh and every home. OMAHA, THURSDAY MORNING, PECEMBKR .,0, 1P(W TON PAGES. SINGLE COPY ONE CENT. VOK XXXIX-NO. 14H. CONSERVATION MESSAGE NEXT President Taft Says His Policy is Action Rather Than Declarations. REAL VOKX 13 OUTLINED First Real Conservation Statutes Will be Placed on Books. WELL HOT WAIT ON INQUIRY Ballinjcr-Penchot Controversy is Not Factor in the Problems. BILLS ARE NOW BEING DRAFTE1 Proposed Measures Will He Snbmltter to Both I'noirii Alone With Presidents Ileeoinmpiidn tlntm. ..WASHINGTON. I). C. Dec. 29. "Acts rather than declarations." President Taft I rcportid In thin terse way to have described recently to a caller his program for the conservation of nat ural renmirceM. The president. It Is said, haa- (1 dared that when the present session of rongreis end he will be able to point to the first practical conservation statute ever placed upon the law books of the na tion as his answer to the criticism which has bevn directed toward the White House. Without waith.g for the Balllnger-Ptn-chot investigation. Mr. Taft soon will be gin the preparation of hla promised special message on conservation and he has re ceived assurances from both houses of collar, ss that while some trouble may bo expected In Ihl lower blanch, the legisla tlon which the . j be made Into ii Journmi nt. The prttUKi'.. . the position BallliiKi r-l ii i. -Ins li u l. .. .. lie v . i proceed i . jr.lti. cf te utlve Will HURgOSt Will urur! the spring ad- , . . r s nud as, taking ... .j Id nothing In the i .i. puio that has a bear ....in alive program and gurdltss of It. Proposed Um, .he preparation of his special mes ,iiu president will have the co-opera-i Secretary Ballinger and Senator . .1 of Minnesota chairman of the : . . u committee on public lands. It Is i.h.i lud that In the constructive work of needed legislation the president has had to depend almost wholly upon Mr. Bal linger, who has been at work for several months on the draft of proposed statutes that will meet the Intricacies of the vexed problem of practical conservation and embody the president's views on this important subject. These proposed new laws are ready to be submitted to the committees of the set t' and houe along with the special mesJe. the preparation of which the president will begin aa soon as lie gola .the. nveage.tU.th interstate and anti-trust laws "out of the way. Koine Hostility In House. In the liuUBfa i..ui'd is likely to be some opposition, but trie 'president eels sure It can be overcome and that the laws will stand approved before the summer comes. White House callers who have talked with President Taft on the subject de Scribed him as believing that he will best prove his friendship for the "Roosevelt policies" of conservation by putting laws on the statute books that will actually carry these policies Into effect. The real problem to be solved is how best to dispose of the public lands con taining water-power sites, coal and phos phates. Such lands have been withdrawn from entry under the general land laws, tout they cannot be held Indefinitely and there Is no specific law governing their sale or lease. It la generally admitted that the forces must be developed, that the tout and phos phates must be taken out by private capi tal, and yet there must at the same time be safeguards against monopoly. These are the intricacies with which con gress will have to deal. Would Strengthen Federal License. The announeement made yesterday 'that President. Taft had determined to go ahead with his executive program and send in a message dealing with the Sherman anti trust uut. brought an unusually large number of congressional, callers to - the While House today. Among these was Representative Martin of South Dakota, himself th.- uuthur of Bevrral bills desig nated lo bring corporations under federal control. Mr. Jhini tin uryed the president to make rei'onnr.endatioitii btrongi r as to federal license so us to p; ovule that any corpora tion not l-.kl.lj advantage of the lic.nsj '." wll.'in a ) n,i rhu.l ho prohibited from do Ins an In.e.st.uo biuinese. air. Martin said he fiated that under tho voluntary Idea tho geeul "trusts' Would tuke out 1. censes while the bad "trusts" would continue to ilo business under state authorizations. , DtvlBlit Promises) Subsidies. Urpresentatlve Dwight of New York, republican "whip" of thu house, talked with the president for some time today ubout snip subsidy legislation. On leaving lie asserted, that the president's recoin tnendutlon would be eiuuied Into law by congress and that the house would act soon after assembling. The bill of Kepre ' mutative Humphrey of Washington Is the one that has been agreed upon by the presldi lit and the republican leaders. KepiVrentallvti Dwight declared that democratic opposition to the ship subsidy bMl would nut retard the passage of the m.asuiv tu uny drgree. ce.leukate centenary ok Gladstones birth l.lrfci;tra from Many States la liuroiii Join In Service at Yrt'.ilustrr. LONDON, Dec. The centenary of ti e birth of Ytil.'u:u Kwart Gladstone was fomniemornted to. lay, not only in the land of his birth, but In countries Ilka Greece, the Balkans and Armenia, whose peoples y ill cheiUh the memory of the statesman's f vxertlons In their behalf. Many foreign delea-ales. representative of rlnlatid, Russia, Holland. Bulgaria, Greece, ServU. Armenia and other states Joined In services which were held at Westminster. At lUwardcn, where Mr. Gladstone died on May 1 '. l'S. and at other points throughout the country largely attended meetings were he:.l. The statue of Gladstone In The Strand was fairly hidden beneiua floral offerings that hr.d cyme from all parts of the world. wnlie Ills tomb In Westminster Abbey was covered with tributes Including a large solid sllvr wreath rejeivtd from the gov ernment of Bulgaria. Irrigationists Lay Plans to Get Appropriation Western Congressmen Meet and Name Committee to Draft Bill for Ten Millions Yearly. (From a Staff Correspondent.) WASHINGTON, Dec. 29,-Spccial Tele gram.) Representative Mondell, chairman of the committee on public lands, this afternoon assembled In hi committee room a number of representatives to discuss Irri gation affairs. Thore were nearly twenty if presentutlves from so-called irrigation states, among them being Representatives Kinkaid of Nebraska and Burke of South 1)"' ta. 'e no concerted action was taken a Men was appointed to be added to at Tf- ng tomorrow looking to drafting a in mil iiiuviuc mi annual niiuu- outright or through bond Issue of 1 a to carry to completion various I projects which have already been si foh flers have been appointed as r . Ne. ,-i oncord. route 1. Elmer L. W'll mar .r; T. M. Carroll, substitute. Frem .,- route 3, Genjamlne H. Moller, carrier; Clinton E. Nelson, substitute; Madison, route 3, Harry E. Itynearson, car rier; no substitute. Iowa Cambridge, route 2, William R. Kirk, carrier; Clinton Kirk, substitute. George G. K tinier has been appointed postmaster at Artas. Campbell county, S. D.. vice A. A. Ludwig resigned. Bids were opened today at the Treasury department for the construction of an ex tension to the public building at Beatrice. The bidders were W: G. Campbell, Lincoln, Neb., tto,47o; Hazcilou & W'alin, Chicago, $47,000; P. M. Hennessey, St. Paul, Minn., $47,935; General Construction company, Mil waukee, $10,500; Northern Construction company, Milwaukee, $50,340; Northwestern Construction company, Wauketon, N. D., $53,000; J. H. Welse, South Omaha, $'4.872. John B. Routhall of Manchester, la., has been appointed fish culturist at Fair Point, la. Elmer V. Greggs of Ames, la., has been appointed steam engineer in the Interior department. Miss Helen B. Robertson of Independence, la., and J. J. Dickson of Aberdeen. S. IX, have been appointed clerks In the forest service at Missoula, Mont. Henry C. Haynrs of Iowa, a postofflce Inspector, has resigned. Kills Waitress in Dining Room Indiana Man Then Commits Suicide with Same Gun Love Af fair Cause. PERU, Ind., Dec. 29. A man that had registered at a hotel u L B, Lenhart of Chtcago shot "and "killed' Dora Chappell and then killed himself In the dining room of the hotel soon after noon today. The woman, who was a waitress, bent over Lenhart to take his order for din ner. Lenhart put his arm around her and drew her close to him. Suddenly with his other hand ho drew a revolver and shot the woman in the (breast. Lenhart then shot himself In the heart. There were no other guests in the dining room. Lenhart registered at the hotel yester day afternoon. To several persons he aid he was a deputy United States mar shal, making Inquiry about a government matter. An examination after the shooting ex posed letters in the man's coat pocket ad dressed to Roy McKenney, Indianapolis, Ind. Lenhart, or. perhaps, McKinney, was about 23 years old. Dora Chappell was 18 years old and a graduate of the Peru High school. INDIANAPOLIS, Dec. 29.-The man that shot Dora Chappell in the dining room of the Bears hotel at Peru, Ind., at noon today was Roy McKinney of this city. McKlnney's father and mother said he nnu wie unappeu girl rell in love with each other when she was employed here. Her father separated them and McKinney, they said, declared he would kill her and himself. MUDGE MAY HEAD LEHIGH Humor that President of Roek Island la Slated to Surreed Thomas. NEW YORK, Dec. 29. Wall street heard from railroad sources today the report that E. B. Thomas, the veteran president of the Lehigh Valley Railroad company had Placed his resignation In the hands of the board of directors and that H. U. Mudge, head of the Rock Island system, was being considered as his successor. The Moore-Reld Interests, controlling the Rock Island, recently acquired a large amount of stock in the Lehigh Valley. The report of Mr. Thomas' retirement la not confirmed. Sore Mike Sees Ahead of "What will happen when the mayor, the city engineer and the councllmen all want to use that automobile at once?" Sore Mike asked the question of City Clerk Butler, who Is supposed to keep official tab on the new automobile the council has decided to buy. "That Isn't worrying me," replied But ler. "What I'm guessing about Is what will happen when election time rolls around? Who Is to have first call on the machine then? Anybody else can have It the rest of the year, so far as we demo crats are concerned. Joy riding Isn't our stunt, except possibly In Texas and Flor ida; but with a campaign on here In Omaha, I can see possibilities In that auto." City Englnetr Craig Insists that tha machine to be bought Is Intended strictly for business. Among councllmen, however, there Is a tacit understanding that Mayor Dahlman and the council committees are to have access to the new machine as the need arises. It Is understood that Hummel. Bur inelsur and Behroeder will make requisi tion for It during the Baengerfest next sumimr. Many prominent Waeht am Rhlners will be here at that time, and If the German members of the council don't help to entertain the will lose a chance MORSE IS DENIED ANOTHER TRIAL Only Technical Legal Shadow Stands Between Ice King and Federal Prison. LAWYER AKS WRIT OR ERROR There seems Little Frobabilty That This Will be Granted. JUDGES H0GH REVIEWS CASE Says Affidavits Submitted Do Not Justify Another Trial. CHARGES AGAINST JURORS FAIL Allegation That Ther Were Drunk Darin Progress of Trial In Not Sustained Judgment Af- . firmed b y- All Court. NEW YORK, Dec. 20. Only a technical legal shadow now stands between Charles W. Morse, banker and one time Ice king, and a flfteen-yfnr sentence In the federal prison at Atlanta. Judge Itou?h in the United States circuit court today denied his motion for a new trlnl, but Martin W. Llttlelon, his counsel, announced that one more stand would be taken. Tomorrow he will move In the circuit court for a writ of error on Judge Hough's decilon of to day. If this Is denied Morse will bestn u New Yenr serving his sentence for viola tion of the national banking laws, the su preme court of the United States having previously refused to Interfere In the case. Mr. Littleton's recent application for a new trial for Morse was made on the ground that the Jury was Impropirly guarded and that some of the Jurors drank to excess during the trial. With respect to this charge the court hold that the fact that the Jurymen were In the custody of Becret service men lnsfead of regular dep uty marshals was well known to both counsel and Jurors when the trial began. The court also notes that mofe than a year has elapsed since Morse was con victed and sentenced, and that the Judg ment had been affirmed by the Unl el States circuit court of appeals and a writ of certiorari had been denied by the United States supreme court. Judge Hough's Memorandum. "So far as the record of these affidavits show," says Judge Hough's memorandum. "there was nothing concealed or furtive about tho appointment of these men and It has not been urged that merely because they were not regularly on the marshal's staff they were Ineligible for selection." As to the drinking charges, JuJge Hough says that "legislation must advance a good deal before a prisoner may claim to be en titled to a Jury of teetotalers, in New York at all events." Judge Hough points out that It was by direction of the court that the Jurors be permitted to lead their "usual live," and that the affidavits submitted by Morse' counsel showed merely that during the en tire trial only twenty bottles of liquor and soma Individual drinks had been consumed by the Jury. "And It is not pretended that any one was at all Intoxicated," adds the court. "All parties agreed," the memorandum con tinues, "that no liquor was served to the Jurors after the case had been given to them. "The same Juror who wan depor.ed for the defendant as to the drinking habits of the Jury," says the court, "Is by the de fendant alleged to have been himself So sodden with drink as to be incapable of clear, cool and undisturbed Jungment." Newspupc- Aoctints I'nblnsed. As to the charges hat the Jurors were permitted to read newspaw.-s with "hos tile" accounts of the trial, JuJn Hough said: "This case was very dull; It took a l. ng time to exhibit necessary preliminary facts; the newspaper accounts were Incom plete and Incorrect, but there is no evi dence that they were hostile or biased, as even probably to affect the minds of men quite able to conserve their Incompleteness and Incorrectness. Unless all reading of daily Journals hy Jurors is unlawful, this point requires no further consideration." Mrs. Morse, who has remained constantly loyal to her husband throughout his fight for freedom, is greatly upset by the turn of affairs today. If he must servo his sen tence, It Is said that she probably will ac company him south. Mr. Littleton's mo tion for writ of, error on Judge Hough's decision, however, acts as a temporary stay of execution. Larceny Charge Against Them. YANKTON, S. D., Dec. 29. (Special.) Andrew Peterson, John Van Voice and Ole Nelson, all of this neighborhood, are In the county Jail charged with grand lar ceny for robbing the Crowe hotel of a woman's gold watch, a purse of $24 and a diamond breast pin, the property of Miss Clara Crowe, daughter of the proprietor. Peterson confessed and has Implicated the others. The watch was recovered. Throuble Cir - T-I;." uto to make good medicine. There slons, too, when noted Irishmen and mu sical Bohemians will come to town. Then McGovern and Berka will be semi-official hosts and If the city machine is not at call things will be Bald in Gaelic and In the language of classic "Prahue" that will be Interesting It properly Interpreted. Lee Bridges, democratic ltadi.r of the city council, is a very active person at election time, and Is understood to be something of a "shawfer," as an engine Is part of his contracting outfit. He can, on occasion, start anything that happens to need a little gingering up. However, the council Is divided exactly, six and six, beiween the parties. Hence It becomes a question of very vital mo ment who is to be named for city "shawfer." The council will have the naming of this employe finally, even If tho mayor insists on sending la a name, and a very pretty fight is expected a hen the time comes to make the appointment. There are already several prospective applicants, with Joe Butler having possibly a slight advantage. He has handled teams, Is familiar with combutllble fluids througn his study of Kas, and has no hair to sp ak of that might get tangled In the machinery wIiIIa repairs were btir.g made. "Lady, From the Cleveland Plain Dealer. NINE BELOW COLDEST HERE Lowest Temperature of the Season Hits Omaha Hard Rap! OTHER POINTS MUCH COLDER Should Jaunty Little "llltO" Give n Look-in Right ISott lie Would Find More Clothing Verr Comfortable. Nine degrees below sero at V a, m. was the authentic report of the frosty record for Wednesday. And for persons going nbrth a few degtees should be added on account of the cutting character of the wind from that point of the compass. While there was a, gradual Improvement, the mercury continued hours after below rero. Temperatures were nearly stationaVy last night, remaining at sero fnim 6 o'clock ta 7 and then gradually rising. As the ordinary cltisen shoveled his summer savings Into the furnace, his only relief was to call back the memories of sliding au naturel down a mud bank where the sun scorched his spine. Mayor Dahlman admitted the weather Is cold enough for him, and there are peo ple who assert he's the warmest broncho in the corral. Mayor the Furnaca Boaa. "I hated to get up W. "morning," he said, with a shiver, "because In my house the long established rule is that papa oa;es for the heating plant when he's o.i the premises. I do not recall the exact date, but am sure that some time away buck I felt It Just as cold as this out on tho plains. We thought the sun was froze one day, and If we could get a glimpse of him today he would undoubtedly have the appearance of a chunk of steel blue ice In a North pole snow hank." "They can kick all they're a mind to, today," aald Health Commissioner Connell. "The warmer they make it for us on a day of this kind the better we'll like It. Even warm garbage might gain some popularity If It would show up Just now. But what's the use? Things always go by contraries, and when we try the hardest to be cool Is when we are the warmest." Coal men and ice makeis are drawing considerable consolation from the frosty ether, and their solidity with the banks is growing In exact ratio with the fall of quicksilver. MID-WKHT IS NIPPED- BY COLD Twenty Below at Huron and Zero at Kansas City. KANSAS CITY, Dec. 29. Bitter cold weather prevailed in the Mississippi valley today, the temperature ranging from sero at Kansas City io 20 degrees below at Huron, S. D. At Norfolk, Neb., it was 18 below zero. Sioux City, la., reported 16 below, while at Des Moines It was 12 below. Central and northern Missouri experi enced the lowest temperature of the sea son, with 7 degrees below sero recorded at St. Joseph and 6 below at Sedalla. At Topeka, Kan., the mercury stood at 1 below zero. Thu coldest December 29 on record at that point. At central and western Kansas, however, tho weathtr was mild, the temperature ranging from t above at Concordia to IS above at Dodge City. Oklahoma did not share In the cold snap. Coldest Weather of Winter. LOUISVILLE, Ky., Dec. 29. Tne sunny south from the Ohio river to northern Georgia and Alabama today experienced the coldest weather of the winter. Louis ville, with a temperature of 6 above, was '...e coldest city,', with Nashville a close i second at S. Chattanooga reported 16 de- I grees, Memphis 18 and Atlanta 22. Freezing I weather is reported as far south as central ' Alubama and Georgia, with practically the entire country covered with snow of vary I ing depths. ' Tho condition Oi the Ohio river Is becom- . g wors-i dally and river men are pessl inl ,.lc. There Is not much Ice in the Louis ville harbor at present, but this Is at tributed to a big gorge which Is holding It above. The river Is frozen from Pittsburg to Cairo and with navigation entirely sus pended a shortage of coal Is anticipated within a week unless the weather mod erates. (oldest Spot la Winnipeg. ST. PAUL, Dec. 2a. Extremely low tem peratures prevailed today In Minnesota, North and South Dakota and portions of Manitoba, according to the local United btatta weather bureau, but reports re ceived from Montana, Saskatchewan and Alberta Indicate warmer temperatures to follow. It was IS degrees below zero In St. Paul, officially, while street thermometers reg istered as low as 20 bjelow. Duluth re ported It degrees below. The coldest spot was Winnipeg, where It was 2S below. Carl Zerralln Dead. MILTON. Mass., Dec. 29 Carl Zerrahn. one of the most noted musical conductors in this country and for more than forty years leader of the Handel and Haydn futi.iy of Boston, died toduy, atfi-d Hi years. you've dropped your handkerchief." i 7i J Offer by Roads is Withdrawn at Noon Wednesday Strikers Make' No Move, Awaiting Conference in Washington Ticklish Situation in East. ST. PAUL, Minn., Dec. 29. At noon to day the offer of the northwestern railways to abide by the Chicago wage conference and to re-employ the striking switchmen as fast as places could be found for them was withdrawn as Indicated In the final proposal made In their statement to Gov ernor Eberhart Monday. Third Vice Pres ident Slade of the Northern Pacific' said: "That statement means Just what It said. We have not changed our minds." The strikers now are awaiting tho result of the conference to be held tn Washington on Friday between President Perham of the railway telegraphers' union and the members of the Interstate Telegraphers' union and the members of the Interstate Commerce commission. NEW YORK, Dec. 29. Possibility of trouble In the adjustment of the railroad question on eastern roads loomed up today with positive statements by officers of the employes' association that they would de mand restitution of the wage schedules In effect before tjhe ctmimorclal depression of two years ago. Eastern schedules must be placed on a level with those In the west, the leaders declare. While it has been Intimated that con cessions might be made by tne railroads, the general Impression today Eeemed to be, that in view of the firm stand of the men, such concessions as the roads would be willing to make would not satisfy the employes. Put Savages on Reservation Governor of Moro Province Advo cates Separation of Southern from Northern Philippines. WASHINGTON, Dec. 29. Because 90 per cent of the Inhabitants of the southern group of the Philippine Islands are barbaric tribes of Moros, pagans or non-Christians, savage in their instincts, fighting for gain or revenge with a fanatical disregard for death and are many years behind the peo ple of the northern Philippines in intelli gence and general civilization, Colonel Ralph W. Hoyt. Twenty-fifth UnLed States Infantry, the governor of the Moro province, recommends that these Islands be constituted as a separate government and the natives relegated. He advocates placing the southern islands of Mindanao, Sulu, Palawan and smaller adjacent Islands Into one division to be called the Mindanao plantations. Colonel Hoyt's recommendations are em braced In a report which he has made to the War department. Colonel Hoyt recommends a government for these Islands similar to tne one, now maintained In Moro and . the occupation and use of them by the United States as eoallng stations and a naval base. By placing the natives on reservations, he says, a great part of the Islands might be set aside for cultivation and made very productive under proper administration. Enormous Profit of Milk Trust on Watered Stock NEW YORK, Dec. 2J. The Investigation into the so-called milk trust by Special Deputy Attorney General Coleman was Iven added Impetus today by a discovery made by Marvyn Scudder, the accountant employed by the state to go over the books of the larger milk companies In the city. Counsel for the Borden Condensed Milk company, controlling 28 per cent of the fluid milk traded in this city, 'and the Sheffield Farms-Slawson-Decker company were engaged today preparing to meet the analysis of Mr. Scudder, who placed his findings before Referee Brown yesterday. Mr. Scudder said the books of the Borden company showed that more than U,,0ou,0W of the 120,000,000 capital stock represented "trade marks, good will," which the accountant said represented nothing tangible In the way of assets. On the company's capitalization a dividend of ( per cent was paid on the preferred and 10 per cent paid on the common stock. Mr. Scudder said the books showed a surplus of lg,!i24.2iM made In ten years and Special Deputy Attorney General Coleman Is preparing to ask the company that If such profits are possible with milk at 8 cents a quart, what Justification was there In raising the price to I cents a quart. BLUE RIBBONS .FLUTTERING Keen Race for Prizes at Both Poultry and Dog Shows. CAPT. WHITEST0NE PROUD CANINE Beautiful Setter Keep Up Pace In Pointers' Class Omaha Panlcera Win Prises In Poultry Exhibit. Captain Whltestone, the beautiful Better owned by W. A. Pixley, swept the boards at the dog show of the Nebraska Kennel club In the pointers' class. This dog has won many times In field trials and has also made good on the bench. He had some strong competitors, but managed to carry off honors In all the classes in which he was entered. The captain is a proud member of the canine fraternity and has the best decorated bench at the show. . The Judges are working fast In the poultry branch of the show and many awards have been made. The birds seem to bear their honors well and those with the blue ribbons swell with pride as the merry throng passes in review. The vicious Jap dog has been placed In a woven wire cage so he may not bs able to-harm paesersby. - Ha Is as ferocious as he looks and growls and snarls and bites at the wire, trying to force his way out to ma lje a light meal of some dainty mor sel of humanity. lie Is, In truth, a man eater. Omaha Fanciers Capture Prises. Omaha owners are doing fairly well In capturing jjultry prizes, although the competition from abroad is pretty stiff. Omaha people have learned that they have to have a pretty good bird In order to carry home the bacon. Even the Mandy Lee farm, with 3,000 beautiful whlto Leg horns, was not able to win the first prize for cock, although the farm took down many other ribbons. Several birds that were given away as freshly hatched incubator chicks at last year's show, are ready for the Judges to decide which Is the best in order to take down the 25 cash prize. Chickens are being hatched this year In the Incubators and are given away. These birds may be brought back to the show next year and If they win will be given a (25 prize and if they take first prize the Mandy Lee farm 'has out a standing offer for the bird. Competition Is keen tor prizes offered, both by the Transmlssisslppl Poultry as sociation and the Nebraska Kennel club, for, after all, while the owners like to have their pets placed before the admiring spectators at the Auditorium show, they really prize the ribbons and medals and cups much more. The prize list ' In both departments Is large and the prizes are valuable and well worth the efforts of the owners. Exhibitors at the show are of two classes, the raiser, who Is breeding fancy poultry for profit, and the owner, who grows high J grade stock because he loves the birds. The same thing applies to the dogs, al though the professional breeders are in greatly less proportion. Several high class dogs have arrived at the show a little late because of the delay in trains. , There are now nearly 2o0 dogs at the show and there are surely some beauties. Some of the larger classes of dogs had been Judged earlier and the others were Judged last evening, when (Continued on Second Page.) Mr. Scudder further showed that of the Sheffield Farms company's capitalization of ttOO.OOO more than 1300,000 was for "good will, etc." The Sheffield company paid 16 per cent dividend last year and to date this year 22 per cent on Us stock and Its surplus was 1962,672, nearly double the capi tal stock. Enormous profits were shown to have been made by the Alexander Campbell Milk company at S cents a quart. The Campbell company supplies more than 1,000,000 bottles of milk every month to Brooklyn families nd Mr. Scudder showed that the net profits of the com pany for the six months ending last June were M8,RM, or at the rate of 26 per cent on the company's capital. With the purpose of refuting the asser tion that the companies lost money sell ing milk at 8 cents a quart, Mr. Scudder eubmltted figures from the books of the Borden company showing that during the nine months of this year ending Septem ber 30 last the company made a clear profit on fluid milk and cream In New York and Chicago of $1,078,772. This sum ex ceeds by 8322.M7 the net profits In the same branch of the business In the correspond ing month of 1908. Mr. Scudder showed that the net profits of the Sheffield company were greatly in excess la IW over 1908. STATE LAWYERS WANTREE0RMS Bar Association Adopts Committee's Advice, Choose Officers and Then Hold Feast CRIMINAL CASES ARE NAILED Plan Provides that District Attorneys Handle the Prosecutions. STATUTE LIMIT FOR APPEALS This Recommendation Aims at Civil Cases in Certain Amounts. OFFICERS CHOSEN FOR THE YEAR Omaha Man to Serve as Secretary. Treasurer Judge l.etton, In Ad dress, Favors Jury System Lawyer Dnnn Absent. OmCIHJ OT STATS BAB. President Charles O. Bran, Grand Island. Secretary-Treasurer A. O. BUlck, Omaha. Member Xxeoutlra Committee T. H. Woods, Zilnoola. Tho Nebraska State Bar association found Itself In a more reformatory mood yesterday than Wednesday and adopted all tho recommendations of the committee 'on procedure. AIfo the code of ethics sanc tioned by the American Bur association went through after two changes had been made. The action adopting the procedure com miltio'e suggestions la In consldernbln con trast with the knocking In the head the reforms advocated the day before by the committee on legislation received. More over, the state bar association applauded heartily all tho suggestions made by Judge Letton of the supreme court and Judge Letton was for reforming proced ure, too, though ho put his plans In more honeyed language than did C. C. Flans burg and hla associates on the committee on legislation. Judge Good's committee made several recommendations, the two Important ones being that. Instead of county attorneys conducting criminal prosecutions of Im portance, district attorneys handle the acses and the county attorneys be confined principally to protecting the counties in civil cases. Tho recommendation carries with It a plan for the districting of the state, and would be of most Importance outside Douglas and Lancaster counties, where tho district would be the same as tho county. The other recommendation Is that "ap peals be limited by statute." This means a recommendation that appeals In civil cases be limited to those above a certain sum, and that appeals for trivial amounts' bo not permitted. ' '. .. Another recommendation, by this commtl tee has to do With filing appeals within thirty days and making transcripts file able In the supreme court within six month. There was o lively fight over the reso lution about district attorneys and the plun carried by. a two to one viva voce vote. v The meeting then took up the question of the canons of thlcs and at once voted down section thirteen, which provides that the courts may fix contingent fees. The lawyers of Nebraska do not want the courts to do anything of the sort and this section was voted out and down in a hurry. Words Cuuse Little Tilt. There was a llttlo brush over certain words In section fifteen and the displeas ing line was eradicated. This line" forbids attorneys to tell Juries that It Is their own personal conviction that the cause they are representing is a Just one. 'A fight was made on section twenty-eight, which for bids attorneys stirring up buslnoss. This section Is aimed at "ambulance chasers," and attorneys who employ agents and pay commissions for cases brought to them. J. L. Kalcy rose and asserted "a lawyer has as good a right to go (0 a man in jured hy a street car or In a packing house as has tho claim agent who is there to wheedle the victim Into signing away his rights. Such a victim ought to be told that he has lights to preserve." J. H. Macomber and others argued for the section and It was adapted. Following thu discussion of the code of ethics the association heard a paper on "A Citizen of the United Slates," by C. S. Elgutter of Omaha. The Garfield paier did not arrive. The association elected officers for 1910 with unanimity and th: n adjourned. The 1909 meeting has been well attended and is deemed highly, successful. Judge Letton's adili was made at the morning session. He had read reports of what the association had done to the rec ommendations of tlie committee on legisla tion and said he "felt like a recruit arriv ing on the field bf buttle as the smoke of conflict is lifting and while the wounded and dead are being carried a ay." But he offered no plan of hair-raising, radical changes. Defends Jury System. Judgo Letton defended the Jury system and said: "I'd rather have a verdict on myself by twelve fairly intelligent Jurors than by twelve learned Judges." The speaker urned that some concern be manifested for the comfort of Jurymen when tho case has gone to them, "and that clean und sanitary quarters be pro vided lnyte.nl of the usual lll-vcntilut ;d rooms furnished with only cheap and un comfortable chairs." Judge Letton is firmly of the op nlon that sleeping quarters ought to be pro vided for Juries who may be kept over right on a ense. The question of Jury drawing was alsii discussed at some length. Among Ju.'r'- Letton's auditors were hla associates upon t!.o ruprc-me bench and nil of the Justices held 11 veritable levee be fore the morning f. .-psion ban. Mere lawyers shook hands v.iih these Juil t s with that fervor bern only of a combination of old friendship nnd a de."!r to stand well with those who will later pass upon cases appealed from lower courts. It was noticed, while there wra many Omaha attorn- ys Joining In tho levee, that I. J. Dunn was not of the num ber. Lackawanna iltork Illuh. NEW YORK, Dec. 2WThe directors rf the Delaware, I.ackawunna & Western Coal company today declared an Initial quarterly dividend of 2 per cent. A quo tation was obtained on Lackawanna coal stock through an auction sale today and the stock was found to bring more than four times lis par value. Five chares of liia stork, with a par value of J), were, sold at $304.