Lincoln Nebraska State Journal from Lincoln, Nebraska • 1

1 1 FOUNDED IN 1867. LINCOLN, NEBRASKA, TUESDAY, APRIL 15, 1924 TERES CENTS WANT TEN FAST CRUISERS FIYE ENLISTEDJIEN RILLED Overturninff of Truck On Koadway FIGHT OH FOR BARRY MW HAHGIIOUT DAHGER FLAG SHS MM HAVE A DUTY SENATE RESENTFUL OF VEPD' THREAT Umbrage Taken at Recent Declaration of Japanese Ambassador. i points between the two houses in completing: the immlraitinn mii th Japanese exclusion provision will go to the president No indications have vet com a tmtn the white house aa to the course President Coolidge will follow. To- dav'H dnvnlnnmanta In th. however, seemed to Indicate that mere would be sufficient votes in both houses to repass the bill ove.r a veto should the Dresldent tk that course.

Senate republican leaders were rranK, nowever, in privately ex-pressing the oninlon that th nreni. dent would sign the immigration measure, despite the fact that thru secretary Hughes the administration has consistently resisted Japanese exclusion legislation. Lodge Movss For Executive Session. Senator Lodge diverted the senate from a partisan war of word in nr. der to bring the Japanese question to an issue, ne moved unexpectedly for an executive session to consider that nhase of the Immigration hill A brief session behind closed doors followed during which Senator John- son, republican, California, made hia long awaited address in favor of Jap House Naval Committee Authorizes Them at a Cost of Eleven MD lions Each.

WASHINGTON, April 14. A bill which Would authorise the construction of eight 10,000 ton fast cruisers, was approved today by the house nava 1 committee. Construction of six gunboats, at a cost of 1700,000 each for use In Chinese waters also would be authorized. The cruisers, construction ot which would be permitted under the Washington arms conference treaty, would cost 100,000 each, exclusive of armament and armor. I The committee also approved a proposal to convert the battleships Florida, Arkansas, Utah and Wyoming from coal to oil burners and to provide additional protection to them from submarines and aircraft attacks.

The total cost of work would be 118.360,000. Another bill, reported by the committee, provides for the establishment ot a naval aviation base at Sand Point, Wash. WOIJEN DEUANDIM LAW EHFORCEimiT Daughters of American Revolution Couple With It a Warning Against Disregard of Authority. WASHINGTON, April It. The thirty-third continental congress of the Daughters of the American Revolution opened at the Contlenntal memorial hall today for a week's session.

Delegates from every state, numbering more than S.000, heard the annual message of the president-general, Mrs. Anthony Vayne Cook, and reports of its general officers during the day. Tonight they were addressed by President Coolidge, the French ambassador, Jules J. Jusser-and, and the British ambassador, Sir Esme Howard. Tomorrow's sessions will be given over to reports of committees and meetings of state delegations.

The president-general, in her annual message, urged women to exercise their right franchise, pleaded for strict law enforcement and warned against continued disregard for governmental authority. In her annual report Mrs. Cook stated the growth of the society bad been at the rate of almost 1,000 a month during the last year. Steps for expediting action upon applications were being taken, she said. The' resignation of Mrs.

Thomas A. Edison as chaplain-general, was made kndwn today. Mrs. Edison gave as her reason that the illness of her husband required more of her time and she could not devote the time necessary for the duties of the office. WEST ORANGE, N.

April 14. Back from his annual vacation at Fort Myers, Thomas A. Edison, Inventor, today returned to his labo-' ratory here. William Meadowcraft, his personal representative, said the Inventor was feeling fine. Altho Mrs.

Edison gave illness of her husband as the. reason for her resignation as the chaplain-general of the Daughters of the American Revolution, Mrs. Charles Bdison, the inventor's daughter-in-law, expressed the opinion that the resignation was due to the large amount of work connected with the office and the necessity of repeatedly being away. Mr. Edison, she said, was in excellent health and spent the entire day In his laboratory.

MADE HOMELESS BY FLOOD Bed Cross Belief Committee Looking to Emergency Needs at Bellefourche, S. D. BELLE FOURCHEE, S. April 14. A survey of the Belle Fouche representatives of the local Red Cross relief committee and Miss Helen Uhl, a representative of the national Red Cross, sent to the flood area by Walter Davidson-, manager of the central division of the American Red Cross at Chicago, indicates that the recent flood has left fifty-five families in the city of Belle Fourche homeless.

One 'hundred and fifty-eight people are quartered in other homes in the city. Serious- destruction of property is recorded along the line of the Belle Fourchee river In South Dakota and Wyoming. Residents of Hulett were forced to leave their homes hurriedly for higher grounds when the flood waters rose. Many houses In the flood area have been completely destroyed and others have been moved for consider able distance from their foundations. The Red Cross relief committee, headed by Rev.

L. C. Wolcott of Butte county chapter, has assumed the responsibility of extending emergency relief. BADIO MESSAGE FROM THE M'MHIAN EXPEDITION BRISTOL, April 14. A radio message from the McMillan ex- I peditlon on the Bowdoin, which has wintered In the Artie regions, was received by Everett Sutton at Port I Angels, yesterday and for warded to Mr.

and Mrs. Lewis Mix of this city, parents of Don Mlt, the radio operator of the expedition. The message said: "Been having a great time this winter. Hope all are well. Don't worry If you don't hear from i us again.

Daylight all the time now. Love to all. Don." Thir last message from the Bowdoin was on February 2. i i DAUGHERTYS AT ASHVHLE. ASHEVILLE, N.

April Former Attorney General Harry M. Daugherty and Mrs. Daugherty, who arrived here yesterday, have taken a cottage In a residential section and it as announced today that Mrs. DauRherty will probably remain here indefinitely. Mr.

Daugherty, It js said, will remain here for several weeks Fatal to lien of Schof ield Bar-, racks, Utah. HONOLULU. T. April 14. (By the Associated Tress.) Five enlisted men of the United States army detachment at Schofield barracks were killed and five others Injured this afternoon when an army truck carrying fifteen men overturned on the road between Schofield and Hal-elwa.

WEST LEBANON, April 14. Robert Wilson, thirty-eight years old, his wife, aged twenty-eighty and four of their children, ranging in age from one year to wtelve, were killed tonight when an automobile In which they were traveling from their home in Cincinnati to Danville, 111., 'was struck by a Wabash passenger train at a crossing here. Wilson's family was moving to Minnesota, part of their household effects being carried In the car. They had planned to make a brief stop In Danville. PLAIN TALK TO THE SOVIET DELEGATES Premier MacDonald Warns Them Against Engaging in Bolshe- vik Propaganda in LONDON, April 14.

(By the Associated Press.) The task of converting Great Britain's de jure recognition of Russia, which was accorded the, union of Soviets February 1, in fulfilment of the labor party's campaign pledges, into a practical working arrangement, which it la hoped will settle all past difficulties and re-establish normal trade and political relations between the two countries, began this morning when the Russian mission, under Christian Rakovsky, met with the British delegates headed bji Premier MacDonald at the big horseshoe conference table in the ambassador's room of the foreign office. In his welcoming address, Premier MacDonald summed up the whole purpose of the conference in the sentence: "You want political countenance and final assistance from us and we want nelghborlluess and re cognition of international obligations." The labor premier told the Russians that Great Britain, by according to the Bovlet government full diplomatic status, had taken the first step and added thate it was pretty big one. "Let- us together take the second stey and Justify the hopes of many millions who look upon 1 this meeting with so much expectations," he concluded. Neither Premier MacDonald's nor M. Rakovsky'a opening address before the delegates went beyond the broad generalities of the difficult problems to be settled.

The Anglo-Russian conference was barely under way today when Premier MacDonald took the opportunity to warn the soviet delegates against engaging in bolshevik propoganda in England during the present ne gotiations which are certain to extend over many weeks. The premier made it very plain to M. Rakovsky and the other Russian delegates that at the first Indication of bolshevik propaganda methods with which he, as a veteran socialist, Is very familiar, a halt in the Anglo-Russian negotiations would be called. CHIEF OF POLICE. IS SLAIN Hot.

Springs, Officer Shot to Death, It Is Charged, by an Itinerant Gambler. HOT SPRINGS, April 14. Chief Of Police Oscar Sullivan was shot and killed here after midnight last night Hubert Coates, it is said, emptied a forty-five calibre automatic pistol Into the body of the officer. Coates is known as an iti nerant gambler, whose residence Is divided between Kansas City, Hot Springs, Pine Bltiff and other sections. Four bullets are said to have penetrated the "body of the officer.

One struck him in the face, another in the breast, one in the arm and one In the upper leg. Little is known of the cause of the trouble, One report has it that Coates had been riding about the city in his automobile and that when Sullivan jumped out of his car near one of the large hotels an ordered him to stop, Coates opened fire on him. Coates jumped Into his car and sped away. Coates surrendered to- Sheriff Downen and hla deputies after 2 o'clock thla morning and is in the county Jail. MA'S; ASK FOB ADMISSION INTO LEAGUE OF NATIONS GENEVA, Switzerland, April 14.

(By the Associated Press.) The Impression exists In league of nationals circles that the successful launching of reparations plans based on the reports of the experts will lead to the early application by Germany for admission into the league and that Germany will favor it as the medium fcr handling any project calculated to provide political security for France and Belgium, and conversely for Germany herself. ATTACK ON THE PRESIDENT. PROVIDENCE. R. April ,14.

Senator Key Pittsman, democrat, Nevada, violently attacked President Coolldse for his intervention in the senate Investigation of the revenue department in an address delivered at the Jefferson day dinner of the democratic state central committee last night M'ADOO BOOST IN KENTUCKY. LOUISVILLE. April 14. State headquarters for William G. McAdoo, candidate for the demo cratic presidential nomination, were opened at a hotel today in charge of P.obert Crowe, former speaker Of the lower house of the general assembly.

M'ADOO SAYS PLOTTERS TRYING TO DEFEAT HTM. '1 Warns Democrats That Nomination of a Colorless Candidate Means Continuance of Be- -publicans. CHICAGO, April 14. If the democrats nominate for president a reactionary or colorless candidate who can be easily Influenced or controled there will be another victory for the republicans and In that case we "shall have four more years of ln-j efficiency, special privilege and cor ruption at Washington," William Gibbs McAdoo, democratic presiden tial candidate, said In a statement here tonight Mr. McAdoo arrived here from a trip thru the "states of Utah, Oklahoma, Colorado and Texas, where he declared he found further evidence of the determination of the people to see nominated a progressive democratic candidate running on a progressive platform.

He said that "the bosses and the reactionary elements within the democratic party" are iBghUnj; to control one-third of the democratic national convention, but predicted their efforts would be defeated. Mr. McAdoo is on his way to the northwest "I have been following the only genuinely democratic course," he said, "namely, going to the people direct, stating my position on public questions! and giving them a chance to decide for themselves who the nominee of the party shall be. I am opposed to manipulated party conventions, controlled from a back room or any other secret process by any small group of sinister Interests. My opponents do not seem to be any too eager for a fight in the open or to have the people pass up their case.

They prefer uninstructed delegations, and a Bimllar subterfuge to enable them to manipulate the convention." Most of the state that have acted, be said, showed that the people expect to have a hand in the selection of a democratic nominee and framing the platform. If the states still to act show the same "progressive tendency," he said, he expected a "great victory" for progressive democracy in November, 1924. New York Republicans. NEW YORJC, April 14, A delegation, 986 strong, began arriving in New York today, for the republican state convention, opening at town hall tomorrow, at which Secretary of State Hughes is scheduled to sound the national party keynote for the 1924 campaign. The convention program coyered two days, with a session of the state committee tomorrow.

Secretary Hughes, who Is a former governor, of New York, is expected to be named temporary presiding officer over the main convention session tomorrow night, at which he will be the principal speaker. Although there will be no formal Instruction of delegates, the committee on resolutions will offer at the Wednesday meeting a schedule platform, probably endorsing the present national administration. 1 It was pointed out by the delegates at the national republican club today that several of the state's district envoys to the G. O. -P.

convention at Cleveland would carry "favorite" son votes for United States Senator Wadsworth. SLAYER OF DOCTOR STANDS BY STORY Mrs. Margaret B. Willis Insists She Killed Former Lincoln Physician Only After He Attacked Her. LOS ANGELES, April 14.

Mrs. Margaret B. Willis, formerly of Denver.iwent with authorities to her apartment today and calmly re-enacted details of the killing of Dr. Benjamin Baldwin, which she confessed to police yesterday. The physician's alleged attempted attack upon her, how she shot him and then hid the body for two days, first in a closet and then in a trunk, was described by the admitted slay-er, as she led officers about her dwelling quarter.

At the end of the three hours of severe grilling, the woman appeared as fresh as when the questioning started, and had maintained substantially her original version of the drama that ended in the finding late Sunday of Dr. Baldwin's body, half protuding from a trunk which Mrs, Willis said she and her roomer Bert C. Webster, a forest ranger, had cast into a ravine near San Fernando, north of here, early Sunday morning. As the district attorney's office was endeavoring today to develop additional angles in the case Indicating clearly that the state was not satisfied with Mrs. Willis's version of the slaying, S.

S. Hahn, retained by the woman as counsel, announced that his client's fight in court would be based upon a plea of self defense and temporary emotional Insanity. Both Mrs. Willis and Webster, who claims be knew nothing of the slaying nor the contents of the trunk, are being held, the woman on a murder charge and the man afe a material witness. MAN WOBTH MANY MILLIONS DIES IN OBSCUBITY ST.

PETERSBUJtG, April 14. Dying here In obscurity Friday, at the age of eighty-one, Eugene Thumm of New York city, has been to be several times a millionaire, according to a New York bank, hia executor Trial Begun at Ptyladelphia'Look- ing to His Kelease. ALEEKIST BELIEVES EDI SANE Grstesque Antics With Pet Babbits No Proof of Mental Disorder Evelyn Nesbit to Be i Witness. PHILADELPHIA, April 14. Harry K.

Thaw was asserted to be sane and competent to manage his affairs todays by Dr. Charles Mills, veteran in testimony at the opening of the)' Jury trial 'to determine whether Thaw has regained his normal faculties. Thaw's eighty-two-year-old mother, Mrs. Mary C. Thaw, who joined in the petition for the trial, was in the court room when Dr.

Mills made his assertion. The trial was marked by the intervention of Russell William Thaw, thirteen-year-old son of Evelyn Nesbit Thaw's divorced wife, which was permitted after Judge Monoghan had appointed one of Miss Wesblt's counsel as guardian for the boy. Anticipatory interest in Thaw's estate was given as the basis for the intervention. Counsel Tor the trustee of the Thaw estate In Questioning Dr. Mill revealed that records of the Pennsylvania hospital for mental and nervous diseases where Thaw has been confined since 1917, show, that Thaw kept a number of pet rabbits there, which he was reported at various times to have slapped, thrown around and even bitten untn they squealed In pain.

Mills said he did not think such conduct unusual. "He treated pets as some people' treat them," was the alienist comment. Thaw Begins to Show Age. Thaw entered the court room accompanied by two guards from the asylum. He appeared to have taken on weight and his hair had turned a silvery grey His eyes, large and prominent, flitted about, rarely resting.

Miss Nesbit who arrived early in the day at the office of her attorney, was taken ill and left for Atlantic City after being instructed not to appear at her cabaret tonight, but to prepare herself toigo on the witness stand tomorrow. Dr. -Mills, bent and feeble, was helped to the witness stand a court attendant. He said he had known Thaw for twelve years, having first seen him in the Mattewan, Yv state hospital for" the Insane in 1912. Altogether, Dr.

Mills said, he believed he had seen Thaw twenty-five times, the most recent occasions being on April 9 and 12 of this year. He said he never found "any evidence of hallucinations or delusions." Counsel for the trustees of the, Thaw estate then took up cross-examination. Dr. Mills steadfastly maintained that Thaw was sane, even after the records of the asylum had been quoted regarding his treatment of the pet rabbits. Rough In Treatment of Rabbits.

These stated: ''The patient fooled around with the rabbits for three hours at a time. He held two of them by their hind legs and threw them a distance of forty feet and they landed In a snow pile. He would laugh and say: 'That did not hurt them; tbey fell In the Another portion of the record read: "He picks them up and calls them by pet names of. 'Tootaie' and 'Tweedledum He holds them, to his ear if they make any sound. He asks them what they are saying.

He chases tnese rabbits around the ground and when he catches them he slaps them for not stopping when he wanted them to stop. He holds the rabbits up ot his face; he kisses them; he rubs their noses together and if they make any' noses he puts them close to his ears and asks them what they are saying." The record further stated: "On Jung 30 was extremely rough with the rabbits and threw them into the air, catching them as they came down. He pinched them and was seen biting them with his teeth until they hollered' After hearing three statements read, Dr. Mills declared he did not consider Thaw a "mental defective." When court adjourned 'a crowd surged around Thaw, many seeking to grasp his hand. He shook hands with a few and recognized several.

The crush became so great that Mrs. Thaw appealed to Judge Monaghan, who ordered the room cleared. BANDITS SHOOT DP A BANK Administer Knockout Blow to the r- Cashier and Escape With in Cash. MOUNT VERNON. Wash.

A nrll 14. Three bandit shot up the Citizens' bank of Anacortes, seventeen miles west of here this afternoon, felled Cashier Oblin and escaped with 112,000 in cash, scooped from the counter. CBEDIT COBFOBATI0N PLAN TO ASSIST THE FABMER MINNEAPOLIS, April 14. Directors of the $10,000,000 agricultural credit corporation met here today to perfect plans for assisting farmers in the wheat-growing section of the northwest toward diversification in line with the recent letter of President Coolidge to C. T.

Jaffray, head of the corporation. Mr. Jaffray placed before the directors his approval to make a test of the feasibility of the corporation extending Its activities to perform some of the functions contemplated iu the Nor-beck-Burtness bill defeated the senate. President Calli On Them to Exer- ciio Franchise Bights. EOT A LO WEEING OF DIGNITY Safety of Government and Its In-ititntions Depends On Use of Ballot No Appeal in 4 'Party Sense.

WASHINGTON, April 14. An appeal to the women of America to exercise fully their newly gained rights of suffrage In the November national elections was made by President Coolidge in an address tonight before the thirty-third continental congress of the Daughters of the American Revolution. The president combined with this appeal a warning against departure, "In this current troubled period," from the American system or government providing for co-ordinate legislative, executive and Judicial authority and for government by the majority. He maed no direct reference, however, to the recent clashes between the executive and legislative departments, nor did he mention specifically recent cobminatlons of the democratic minority with insure gent republicans to override the republican majority in congress. The American people, the president detlared, may well be summoned to "the preservation, the guardianship and the gradual perfection of this new system" of government, which assures to the people "equality' against the tyranny of any despotic executive and tyranny of rfny despotic legislature." Want Votes and Influence.

Pointing out that American women this year for the first time are able to know long In advance of the national election that they are to have the right of the ballot, Mr. Coolidge asserted that the country wants not only the votes, but the influence of Its women In the coming elections. "Every voter ought not merely to vote, but to vote under the Inspiration of a high purpose to serve the nation," he -continued "It has been calculated that in most elections only about half of those entitled to Vote actually exercise their franchise. What Is worse, a considerable part of those who neglect to vote do It because of a curious assumption of superiority to this elementary duty of the citizen. They presume to be rather too good, ton exclusive, to soil their hands with the work of politics.

Such an attitude cannot too vigorously be condemned. Popular government is facing one of the difficult phases of the perpetual trial to which it al ways baa been and always win --he subjected. It needs the support of every element of patriotism, intelligence and capacity that can be summoned. I suppose even among the ters of the American Revolution there are some women who Bincerely feel that it is unbecoming of their sex to take an active part in politics. It is little difficult to comprehend how such an attitude could be maintained by any woman eligible to such a society as this, and sufficiently interested in the society to participate In its work.

Not Concerned As to Party. "Nevertheless, there are such, and to them I want especially to direct an appeal for a different attitude towards the obligations of the voter. I am much less concerned for what party, for what policies and wbat candidates you vote than that you shall vote, and that your vote shall represent conviction. When an enlightened electorate acts I have no fear of the result "Here In America we are living under a form of democratic-republican institutions which profoundly believe to be the best that has yet been thoroughly tested. I say this because our system has gone so far In carefully separating the different- departments of the government In the early development of popular institutions the legislative and executive authorities were divided.

But not until the founders of our republic had made a further distribution and differentiation of functions was popular government assured the opportunity to prove Its case. When the judicial functions was set apart and made the third Independent but coordinating factor In the form of gov-(Ooatlnned a Fay Fear.) PRISONER ATTACKS COLUMBUS JAILER C. Willott of Albion, Arrested for Passing No Fund Check, Becomes Violent, When Locked in Jail. COLUMBU8, April 14. F.

C. Willott. thirty-seven. Albion. arrested after giving a no-fund check, with which he purchased a second-hand automobile for $75, be came violent In the county jail In juring Platte County Jailer Edward Kavamagh by breaking a chair over the Jailers' bead.

Willott knocked the plumbing in the jail corridor to pieces and flooded it berore he was placed In a padded cell. Willott, a son of former Sheriff Wllott of Boone county, accompanied by his eighteen-year-old wife bought a car from the Provost company. A short time later It was discovered that the check was worthless. Willott was captured in an automobile chase by police headed by enter Jack Lehman, County Attorney Otto Walter has ordered the young man released to bis father who has promised to see Willott is cared for. HITS BACK AT THE DIPLOMAT Indicates Temper oy Abrogating "Gentlemen's Agreement" 1 1 EXCLUSION MADE A CERTAINTY Abrupt Change of Front by Ad ministration Leaders as Be- suit of Hanihari Com- muniuation.

WASHINGTON, April 14. The senate answered Ambassador Hanl-hara's protest against Japanese exclusion legislation by voting. 76 to 2, against recognition of the "gentlemen's agreement" with Japan on the Immigration question. This action is preliminary to adoption by the senate by an overwhelming majority of the house Japanese exclusion provision. Whatever the result would have been without the Incident of the ambassador's letter that communication served to change the votes of a number of administration leaders, including Senator Lodge of Massachusetts, chairman of the foreign relations The republican leader Informed the senate In open session that he regarded the Hani-bara letter as a "veiled threat," and declared that In the.

face of that threat he could not support the Immigration committee's proposal to recognize by law the "gentlemen's agreement" But Two Votes in Opposition. A number of other senators took the same view andonly one voice, that of Senator Sterling, republican. South Dakota, was raised in defense of the ambassador's action. Senator Colt, chairman of the Immigration committee, Joined Senator Sterling in the vote, but did not speak. Senators generally threw off the usual restraints in dealing with international Questions.

They were blunt and outspoken in their declarations that in view of the "grave consequences" warning in the ambassador's letter there was nothing for them to do but to make it clear once and for all that Immigration Is a domestic question In the handling of which no Independent power could have its sovereignty questioned. While the debate proceeded, Secretary Hughes, who transmitted Mr. Hanihara's letter to the house and senate Immigration committee last week, twice conferred with Presi dent Coolidge. 1 He declined to say what the nature of the conversations had been and no information was forthcoming from the white house. To Follow Lead of House.

After the vote, which eliminates language framed by the committee, to legalize the "gentlemen's agree" ment," Senator Reed, republican. Pennsylvania, who is actively In charge of the immigration bill, gave notice that an exclusion amendment would be drafted overnight in the same language as that employed in the bill which the house passed last week by a majority of more than four to one. This insures that whatever difference may arise on other STONE IS WILLING TO SUPPLY PAPERS Different Policy From That of Daugherty Has fBcen Adopted by the New Attor- 'ney General. WASHINGTON, April 14. Decision was reached by the senate committee Investigating the department of justice at an executive session today to cite M.

S. presi- riant nf tha Mfrilanr! Katinnal hank of Washington Courthouse, and brother of the Tormer attorney general, before the bar of the senate on( a charge of contempt. The committee, which held no public hearing today, also conferred at length behind closed doors with Attorney General Stone regarding questions before It, members later expressing satisfaction with the interview. Although the attorney gen eral said he had nothing to communicate upon leaving the meeting, senators declared there would be no difficulty in the future in obtaining flies and records of the' department of justice bearing upon the investigation, and left the intimation that Mr. Stone's attitude and conduct of the department might cut short their labors.

i The contempt resolution against S. Daugherty will be given to the senate as soon as It can be prepared, possibly tomorrow, and will declare that the Ohio banker has refused at the behest of a senate subjoena both to testify himself and permit the records of financial transactions, involving H. M. Daugherty, the former attorney general declared to be -In his possession to be inspected by the senate or its agents. Meanwhile the committee will pro ceed with its inquiry by a resurap tlon of its public hearings tomorrow when Chairman Brookhart plans to seek more light on contracts between the Wright Martin aircraft corporation and the department of justice arising from "over payments" on airplane contracts during the war.

1 Howard Mauington of Columbus, -whose residence In the "little i CONSTANTINE J. SMYTH. Former attorney general of Nebraska and former member of the legislature who died in Minnesota Monday night. He was chief Justice of the circuit court of appeals of the District of Columbia at the time of his death. FORMER ATTORNEY GENERAL IS DEAD Constantine J.

Smyth, Who Held State Office aid Was in Legislature, Dies Tit Bochester, Monday Night OMAHA, April 14'. JBy the Associated Press.) Constantine J. Smyth, sixty-five, chief justice of the circuit court of appeals of the District of Columbia, died tonight at Rochester, where he had gone for treatment and had undergone two operations, according to word received by friends here. He formerly resided in Omaha. He was born in Ireland but came to the United States In 1876.

Graduating from Creighton university law school here, Mr. Smyth was Admitted to the bar in Nebraska in 1885. He was elected attorney general of Nebraska in 1898, served in the state legislature, headed the Nebraska delegation to the democratic national convention in 1896 and in 1901, formed a law partnership with E. P. Smith of Omaha, the firm later taking W.

H. Schall. Until 1913 Mr. Smyth's home was In Omaha but In that year he was appointed, special assistant to the attorney general of the United States! He was made chief justice of the District of Columbia appeals court in 1913. 1 At the bedside when death came were and the three sons, and two daughters, who survive him, Bernard of Washington, D.

Edward and C. J. of New York, and Mrs. Charles Burgess and Mrs. C.

O. Slbbernsen, both of Omaha: The body will be brought Omaha for burial. Funeral arrangements have not been but services will probably be held at St Cecile's Catholic church Thursday. Mr. Smyth was elected attorney general In the fall of 1896, At the expiration of his first term he was reelected for the term ending' in January, 1901.

As a practitioner at the bar before his election as at torney general Mr. Smyth was connected with many cases of import- ance. As attorney general he conducted the prosecution in the district and supreme court of Joseph S. Bart-ley; former state treasurer for embezzlement of more than $200,000 of state funds. Bartley was convicted.

Mr. Smyth's vlgirous prosecution of Eugene Moore, former state auditor, for the embezzlement of over $20,000 of state funds, "Was followed by conviction in the district court, but the supreme court released the defendant, a. majority only of the court concurring in this action. The widely celebrated "maximum freight rate case," Involving the constitutionality of the law, had been placed in the hands of private counsel before Mr. Smyth's assumption of the office of attorney general and his connection with It before the decision of the federal supreme court was merely nominal, but after the decision had been rendered Mr.

Smyth secured a rehearing and a modification of the decree to the extent of restoring to the state the right to regulate freight rates which had practically been taken away by the decision as originally rendered. WORKING OUT A PLAN FOR OUTDOOR RECREATION April. 14. Presi dent Coolidge's special cabinet com mittee, created yesterday to work out a co-ordinate plan for national use by the people of the recreational facilities of the country lost no time today In beginning its work. The first meeting was called by Secretary Work and It was decided that the committee would Immediately begin a plan to interest all national organizations in efforts to expand under a national policy all recreational opportunities and means for their full enjoyment by the people.

TOTAL EXCLUSION IS FAVORED BY A SENATOR WASHINGTON, April 14. Total exclusion of all immlgrahts was urged today by Senator Smith, democrat, South Carolina, former chairman of the immigration committee. He took the 'position that the doors should be closed for a reasonable period pending the working out of a final immigration policy. ACCUSED OF BOBBING BANK. SAN DIEGO, April 14.

A man said to be Eugene D. Spearer, twenty-four years old, and member of a prominent family Irt Des Moines, was arrested here yesterday and held at the city Jail, charged with having robbed a bank at Des Moines. anese exclusion. At this point. Senator Harrison, democrat, Mississippi, objected to further consideration of the subject in secret declaring that the people were entitled to know what was be-, lng said and done in the senate.

Senator Lodge then withdrew his -motion, the doors were reopened and the debate went forward. While no record was taken of Senator Johnson's address and the senator spoke without notes, It was disclosed that he had characterized the Hanihara letter as "Impertinent" and as a communication which would not be "tolerated" by even a'fourth class power. He added that It was "monstrous" that Secretary Hughes had net replied In kind Instead of trans- -mitting the letter to congress. Senator Lodge himself revealed after the doors were reopened that he had already Informed his colleagues of his intention to vote against the committee compromise as an answer to the Hanihara letter. Senator Lodge declared he "never would consent to setting any precedent to permit a foreign power by; threat or complaint to tell us what we should do In legislation." Red Abandons Compromise.

Senator Reed, Pennsylvania, who helepd draft the committee compromise, said the committee had been seeking to follow a "friendly policy." But he added that in view of the tenor of the ambassador's letter he could not support the compromise he helped to sponsor. The delicacy of the question involved, which already has -brought a sharp protest from the Japanese am- bassador, moved Senator Lodge, the republican leader, to ask for closed doors during Its consideration, but after remaining In secret session for forty-five minutes, during which Senator Lodge supported bis, request and Senator Johnson, republican, California, and others opposed It the doors were thrown open. Senator Reed announced that the Japanese ambassador's letter "had materially changed the situation" and that in the face of it he could (Continued Faf Four.) THE WEATHER. Xebimak! Rata Tncaday and TaMdap nifrutl colder weanmaar. lomti Showers mad thondentornM Tnea.

day Wedneaday nnaetUed and polder, with probably how ere In eaat portion. 1900th Dakota i Rain or mow and colder Tumdan Wedneadar (air, colder. KanMu: Fartly cooldr Tneedar and Wednesday maeh colder bj Taeaday ai(ht. member or ran ASSOCIATED PRESS. The Auoolated Praea la 'exctuelYeljr entitled te the ueo for republication of all ewe dlapatohea credited to It, or not ot erwlee.

In thla paper and alee the local newe pobllahed herein. All rlfhta ot republication of epaolal dta. patchea herein are alio reeeried. green bouse on street" In Washington has been a center of such testimony, has also been ordered to make his appearance tomorrow before the committee, Chairman Brookhart said, but, whether he will at once Is a Question. The committee preference appeared tonight to be for obtaining detail as to the Wright Martin contracts inasmuch as testimony adduced in Ohio has contained reference to ownership 'of 2,500 shares of stock In that corporation by H.

M. Daugherty when attorney general. HOUSE HAS A FHIBUSTEB. WASHINGTON, April 14 Blocked by what bore every aspect ot a fili buster against a bill to extend the life of the District of Columbia rent commission, the house devoted prac tically the entire session to getting thru three of the sixty-two sections of the measure. Republican leaders indicated an attempt might be made to obtain a special rule for consideration of the bill.

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