Omaha daily bee., 1906-12-11
LUMBER TRUST HEARING ON
Judge Post Makes Ruling HaTing
Important Fearing on Casa
GOVERNOR PARDONS YOUTHFUL MURDERER
Rumor Current in Lincoln G. W.
HoldrcEs is TO BE Promoted and
H. c. Byram Succeeds Him
as General Manager.
PARDONS YOUTHFUL MURDERER
lFrom a stan Correspondent)

(From a stan Correspondent)
LINCOLN. Dec. Especial Judge A
n Post. referee for the supreme court in
the suit Of the state against the Nebraska
Lumber Dealers association, this afternoon
made a ruling in favor Of the state in hold
ing that the constitution and bylaws OF the
old association were admissible as evidence.
The state offered copy Of the constitution
that had been introduced in court In DaW-
son county in the case o. Anderson against
the old association. alleging that IL was the
purpose Of the state to show that the prac-
tees Of the old association were unlawful .
and that the conspiracy that then existed .
IN restraint Of trade was still being p-ac-
tiCed by the members Of the association 4
which reorganised in January, 1903 Judge .
Post admitted the copy Of the constitution .
and stated that the burden was upon The
state to show that the practices o. the cd .
association had been continued by the new .
association. II this is not done the state (
fails. The attorneys for the association /
objected on the ground that Il had never I
been shown that the present members were 4
members Of the old association: that the /
old constitution had not been pleaded and &
that s. related TO matters prior 20 the time
the Junkins act went into effect the act IN
der which the present suit was brought.
/ II the referee in this case arrives at the
conclusion arrived At by the referee in the
grain case" said Mr.. COPYRIGHT after the
ruling had been made. we may be here
until next summer. The referee in the
grain case said that conspiracy once COM
menced was presumed to continue forever
1 David Y Clark. builder Of cement walks
living at Central City. was called a wit
ness by the state He testified that he
80
bers OF Omaha but that they did not care
to sell to him. Finally c. W. Hull CO.
did ofer to sell carload lots to him at t25
I a barrel. which IS said 70 be the retail price,
o. the price charged at Central City. This
testimony was offered to show that the job
bers al least protected the retailers.
Governor Pardons Dash.
Ernest Bush. serving life sentence for
the murder Of Silas Bailey in Dundy county,
was this afternoon given an unconditional
pardon by Governor Mickey. who has had
the case under consideration for some time
Bush was born in Denmark When he
was convicted his father was a resident Of
Omaha He was received at the peniten-
tiary December z 1899. He was then Il
years OF age His conduct has been good
and he has earned 500 by working over
time IN the prison shops. Many petitioned
protests Governor Mickey said he issued
the pardon because Of the youth Of the
prisoner, the methods by which he was con-
victed and the evidence in the case. which
led him TO have grave doubts Of the guilt
, Of the young man. He said he believed it
his duty 10 issue the pardon. and that he
did not believe society would ever be in
jured by II.
Byrnm May Succeed HoIdreEe
The story has been in persistent circula-
ton in Burlington railroad circles for a
! few days that at the first Of the year
George W. Holdrege, eft present general
} manager Of the BurlipEton lines west Of
the Missouri river, would he transferred to
a more responsible position in Chicago.
that he would be succeeded by H c.
Byram, AT present general superintendent.
and that c. B. Rogers, at present superin-
tendent OF the Wymore division, would take
the place vacated by Mr.. Byram
So far II has been impossible to abso-
lutely verify these statements. Mr. Byram
is now in Chicago. and no one Of the men
under him care TO give any statement or
opinion about the matter
Mr. Holdrese has been general manager
for many years and Is reputed 10 be one
OF the best operating men in the business
He has also obtained considerable fame as
a political manager. II is his Once that
has been the clearing house OF railroad
politics for many years. and he has made
and unmsde more men than the voters ever
dreamed Of
One commentator today said that in view
3 OF the indications that the Burlington was
going out OF politics with the passing OF
the pass, it Is quite likely that Holdrege's
services in that department Of the road
will moi he ID nd ah~T
at Chicago. which has more than once been
offered him. will now prove more to his
liking than when his present place en-
!, hraced a very pleasant political dictator
0 ship Mr.. Holdrege has been the head OF
the Burlington for nearly twenty-eIght
years. He graduated from Harvard in the
class Of 1863 and came west shortly after
, wards 20 enter the Burlington service. He
I was FIRST a clerk In the trea surer's once
OF the Burlington but left that 10 enter
= the train service In Iowa His rise was
rapid In succession he was master Of
transportation, assistant general superin-
tendent. and In 1879 was made general super
q intendcTt A few years later he became
general manages and has held that posi-
4 ton ever since. He is nearly 60 years old
Mr.. Byram is a more recent Burlington
recruit He received his training as a
= Great Northern man. and when M Calvert
= became chief engineer he succeeded 70 the
:. position Of general superintendent. He Is
regarded as a high class railroad man and
n his accessibility has made him a prime
y favoTite with both the public and the news
pape- fraternity. Mr.. Rogers has been :
It Burlington man for long time and is 5
r most capable Official
Legislature Must Cut Estimates.
p State Auditor Z. NJ. Searle today com.
pleted his biennial report II contains Z