davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1911-08-13

upon explicit constitutional provisions or
upon the established Interpretation of the
constitution, or upon the principles implied
in the spirit and history of our institu-
tions. The new principle of workmen's
compensation is not opposed to any explicit
provision, nor to any previous judicial de-
cisipn interpreting the constitution The
case concededly presented a new problem.
1t is submitted that court should not
read into the fundamental law of the state
any limitations that stand in the way of
the progress of the law toward better So
cial justice within the limits of established
institutions. The constitution commits the
lawmaking and the law-changing power to
the legislature, and not to the people. The
implied guarantees and the guaranty of
due process should be confined to princi-
Piles which the courts regard as essential
10 justice, to liberty, and to the insttu-
ton Of property. No principle which we
should be willing to see introduced by con-
stitutional amendment should be held con-
trary to due process; for, otherwise, due
process ceases to be the permanent and
essential principle that 1t was intended to
be- A court which condemns a rule Of
law as contrary to due process should not
suggest a remedy by an appeal to the
people; for such a suggestion creates the
impression that the principle of due pro-
cess is one susceptible of improvement
Due process of law should not mean one
thing in the state constitution, and another
thing in the federal constitution, and 1t
cannot mean in the federal constitution
either a variable wty of more perfect jus
tice. To quote from the opinions of the
supreme court of the United States.
The constitution of the United States
which is necessarily and 10 large extent
inflexlble and exceedingly difficult OF
amendment, should not be so construed as
Omaha daily bee., 1911-08-13
(Editorial in me outlookl.

lEdltOrlal IN Inc OutloOk).
with one exception, Switzerland, all the
nations of Europe dncluding Russia but
not Turkey. and also a number of states
in this union, have passed what is known
ms workmans compensation laws. These
laws differ in their method. but agree in
their fundamental principle. They recog-
nize the truth that in modern, highly
organized Industries an accident to an in
dividual workman, like accident to the
machinery which he uses, should be re-
garded as occurring, not TO the individual,
but to the business; and the loss should
fall. not upon the individual but upon the
business This principle, which has always
been recognized in maritime law is thus
extended to organized industry upon the
land Provision is made so that the work
man, meeting with an accident, receives
automatically. and without lawsuit, a GER
tain fixed compensation unless the accident
Is clearly due to his gross carelessness or
10 his deliberate intent. Such law, care
fully guarded and applied only to certain
enumerated occupations designated as es-
pecaially dangerous, was passed by the
last legislature of New York and was
welcomed alike by employers and employed
with but few exceptions. When brought
of New York. It was unanimously declared
unconstitutional on the ground that 1t
took the property Of the employers with
out due process of law. We reported this
decision and the grounds on which It was
based in The outlook for April s. We
stated editorially in The outlook of the
next issue, April Is, reasons why We
thought this decision of the Court of
Appeals ought not to be law-because It
was not consonant with the principles of
justice or the facts OF life In the issue
OF the 18th OF April We traced back the
provision OF the constitution, that prop
erty cannot be taken without due process
OF law, TO its origin In the Magma Charta
and stated the grounds OF our Judgment
that the decision of the court of appeals
was not required by that principle as
historically interpreted. and was In ac-
cordance neither with the letter nor with
the spirit OF the constitution. nor with the
decisions of the supreme court of the
United States.
We give below a document which makes
II clear to our minds (and. we hope, will
make II clear to the minds both OF our
legal and OF our lay readers) that this
decision OF the court OF appeals OF the
state OF New York is not In accordance
with the best legal authorities In the United
States. The gentlemen who have signed
this document need no Introduction to our
legal aeaders To our lay readers they
surely need no other introduction than that
which Is afforded by the names OF the
universities to whose law departments they
belong. They are all experts in political
and constitutional law. They include a
large proportion OF those who are teaching
that branch Of law in the United States.
il would be difficult TO set In any way.
save BY q decision Of the supreme court
Omaha daily bee., 1911-08-13

be made up of the hotel men that assem-
BILE here from surrounding points to catch
special train out OF Omaha Tuesday
morning for the Northwestern hotel men s
convention at Grand Forks, N. d. The
number although not definitely known, is
large, and Samson wants every local boni-
face TO come out and help entertain the
visitors.
The other organizations to be entertained
are the TTansmississippi golfers, the Cen
trail Warehouse Men and the Travellers
Protective association posts OF Omaha
Council Bluffs and South Omaha.
Fifty thousand inserts are being sent out
to Omaha jobbers for them 10 put into
their country correspondence The inserts
bear approximate Ak-Sar-Ben advertising
and have q coupon attached which II pre-
sented at the Den countersigned by the
jobber will admit the bearer to the de-
lights OF an evenings entertainment at the
Den.
Omaha daily bee., 1911-08-13

Fields in THE Lady from Paris" an one
act play, mostly of up-to-date comedy song
hits. For good mear''e. the management
has re-engaged Mr.. Alexander Barthold,
who will introduce some classical vocal
selections ranging from operate selections
to sentimental ballads. Mr. Barthold will
also sing several new illustrated songs
The Rome orchestra is the only one in the
city either inside or out of doors. Only the
latest and most popular music is presented
and any desired numbers will be gladly
played any time upon request. -Four new
photo plays, distinct and large are included
in the entertainment each evening new
entrance on Jackson street. just east OF
Sixteenth street, has now been completed.
This makes three entrances, one on Fiji
tenth street. and the third through the
Rome hotel vineyard. The programs are
given continuously from to IL p. m. daily
and admission is only dime to adults and
cents to children. Come any time and
stay the limit.
The American Band of Providence is
drawing tremedous crowds to CORTLAND
Beach. Two concerts will be given to-
day-the afternoon starting promptly at
800 o'clock and the evening at s:15. The
Omaha daily bee., 1911-08-13
New Season at the Local Theaters Now Almost at Hand

engagement continues up to and in
Guiding Friday night, August IS with
a special Wednesday afternoon concert.
The American band this year is under
the leadership OF Warren II. Faies, well
and favoraby known in the east. With
each concert the band is becoming more
popular and those who were at the
| beach Friday night and Saturday left
for home with one idea in view, and that
was that by all odds the present organlza-
ton is by far and away the best brass band
which has come to omaha in many a
day. This band served with the Provi-
dence troops in the Civil war and has
been in continuous existence for over half
century. The programs have been ar
ranged to not only please those who
appreciate the work OF the masters, but
those who prefer the gentle heart-songs
The soloists of the band are all past
masters on each and every instrument
they play, especial credit being given
TO the truly wonderful cornet solos Of
Mr.. Bowen r. Church,
-
The near approach Of the opening Of the
season at the Orpheum is evidenced in
activity within the pref theater Dec
orators, scenic artists, ,.rpet men and
other artisans are pushing their work
TO completion for the opening, Sunday
August q, John and Emmy Ray will
top the opening bill. 1t has been seven
years since the Rays appeared in Omaha.
NJ. Meyerfeld, president of the Orpheum
Circuit and Realty company, who, the first
of this month, accompanied by General
Manager Beck, returned from Europe
passed through Omaha en- route to san
Francisco. In talking about the coming
season Mr. Meyerfeld was enthusiastic. He
said he secured many European novelties,
that the bills Tor the coming season
would for the most part be COM
posed Of new features. The orpheum
Circuit added to it's chain three new
cities last season and constructed four
new theatres. Extensive additions ana
| improvements are now under consideration
Mr.. Meyerfeld and his colleagues have
confidence in vaudeville as the stable
form of theatrical entertainment and as
result are gradually acquiring owner
ship Of the theatres in the different
cities in which they operate.
Max spiegels college Girls" Of 1911
open the season for the Gayety Theatre,
week of Sunday, August q. This musical
extravaganza is but the fore-runner OF
thirty-seven more organizations of the
same general makeup that will be seen at
the Gayety from week to week. All of
the companies will play a matinee daily
and also on Saturday night, which was
not the case last season.
1
Omaha daily bee., 1911-08-13

to deprive the states OF the power to so
amend their laws as to make them con-
form to the wishes Of the citizens as they
may deem best for the public welfare
without bringing them into conflict with
, the supreme law of the land. OF course, II
is impossible to forecast the character or
extent OF these changes, but In view Of the
fact that from the day Magma Charta was
signed to the present moment amendments
to the structure of the law have been made
with increasing frequency. It is impossible
to suppose that they will not continue
and the law be forced to adapt itself to
new conditions of society, and particularly
to the new relations between employers
and employees as they arise" Q69 U. s.,
SS7.)
There is nothing in Magma Charta,
rightly construed as a broad charter OF
public right and law, which ought to ex-
clude the best ideas of all systems and
OF every age: and as II was the character
istic principle of the common law to draw
it's inspiration from every fountain OF JUS
tice. we are not TO assume that the sources
OF it's supply have been exhausted. On the
contrary, we should expect that the new
and various experiences of our own situa-
ton and system will mold and shape 1t
into new and not less useful forms" QlO
U. S., 5Sl)
PERCY BORDWELL, University of Iowa,
formerly OF the University OF Missouri.
ANDREW A. BRUCE, University of North
Dakota.
ERNST FREUND. University OF Chicago.
f. A. GILMORE. University OF Wisconsin.
FRANK ]. GOODNOW, Columbia Univer-
sity.
FREDERICK GREEN, University of IL
lnois.
JAMES PARKER HALL, University Of
Chicago.
Omaha daily bee., 1911-08-13
Knights Of the King
to Hear Colonel Cody
at the Den Monday
Hotel Men Will Also Join the Merry
Feast Provided for the
Cannibals.

Ak-sar-Ben knights will also share in
that last appearance" Of Colonel w. F.
Cody Monday night. For the knight OF
the saddle through samson's tireless &C
tivity, has promised TO give the knights
OF Nebraska's great king a special speech
at the initiatory exercises Monday night
and also 70 put on some sort OF a special
stunt"
Just what the special stunt is like is to
be kept a secret It having been planned
by Samson TO come as a glad surprise.
A fourth group has been added to the
three organizations that viii be enter
tained at the Den Monday night. 1t will
Omaha daily bee., 1911-08-13

&C. II. HUBERICH. Leland Stanford, jr.
University.
WILLIAM CAREY JONES, University Of
California.
ISIDOR LOEB, University Of Missouri.
ROSCOE POUND Harvard University.
HENRY SCHOFIELD, Northwestern Uni
versity.
H. NJ. TOWNER University OF Iowa.
w. w. wILLoUGHBY, Johns Hopkins
University.
'Prof. Haynes Of Cornell university con-
ours in the conclusion that the decision
is erroneous and much to be regretted, and
substantially agrees with both the grounds
of criticism suggested. His name, how
ever, is not included in the list simply
because he is not ready to subscribe &c
certain sentences in the latter part of the
second section-The Editors.
Omaha daily bee., 1911-08-13

. ADJUSTMENTS.
Omaha daily bee., 1911-08-13

1Er a few more days and the
Omaha theaters will invite the
public TO come again and be
- amused BY a variety Of enter
kSSIEx1SI tainment. The situation locally
- shows some change since a
year ago. No new theater Is TO be opened
but an old one Is TO pass into new hands
and Omaha is TO be given the opportunity
TO watch the progress OF another expert
ment. When the shuberts take over the
Beyd theater on SeUtember l. it will be TO
establish in Omaha competition in tho
higher priced amusement Whether Omaha
win give profitable support to two first
Glass theaters has not vet been determined
TIT 1t will be settled before the flowers
of another spring burst their buds. Vaude-
willie will return to the exclusive control
Of the Orpheum. and the American. whicn
was the competing house I'm this field last
season. will be given over to the uses Of
the resident stock organization. The Bran
deis. OF course. will present the so-called
*. T." shows and will continue its
contract with the Stair e. Havlin people
under which the better grade of the popu-
lar priced attractions will also he pre-
sented. At the Gayety the attractions Of
the Columbia company will be offered for
fourteen performances each week, and at
AHe hIuB inc DuTleStlue SHOWS VIII DC pre-
scented twice every day. This Will be the
policy Of the theaters in Omaha through
out the season, so far as the managers
can now tell
Opening dates are already being an
nounced. The Brandeis will have for its
first attraction Harry Bulger in 1.-THE
Flirting Princess" on Thursday, August 81
and Friday, September /. The first show
1t the Boyd under the new MANAGEMENT
will be September 10, Harry Woodruff in
The Prince of Tonight" The Woodward
stock company at the American will open
ITS season on Saturday. September 2. Mr.
woodward is to be in Omaha soon, to
make final arrangements for the opening
and will then announce the personnel OF
his organization. The other houses will
1pen on Sunday, August a.
When the roads meet at a parting and
he time comes to say good bye, memory
runs back to the earlier days when we
we're young and strong and full of hope
and endeavor Now our old Friend, "Buf-
America. preparatory to his retirement
from the arena. This announcement comes
suddenly and sharply, and the American
people will bid farewell to Colonel William
F. Cody with regret. He has been a his
torian in giving living moving pictures,
such as were never before projected, in
realistic manner, creating In that line
new era in entertainment
For thirty years this dauntless American
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-03-03

the interest VI the people OF Freder-
icktown and stated that they do not
want rikes there, but desire to have
good gravel roads as gravel Is very
plentiful in that section Of the COUNT.
He said that the law should require
each farmer In the county to put in
one full day Of hard labor on the
roads each year and IF this plan could
be carried out. there would be no OBJ.
jections because of bad roads. Mr..
Ackerman also said that the people
of Fredericktown want double roads
in that section because of the great
convenience that they afford to the
traveller The road should be built
so that the drainage is away ffom the
road instead of into the middle Of the
road bed as is the case in many in.
stances.
Senator w. A. Alsdorf was the next
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-03-03
E. G. BEGGs
WESTERN BOWLING CONGRESS-

Spokane, Wash, March "A large
entry list is reported for the annual
tournament of the Western Bowling
Congress, which is to begin in this
city next week. Among the contest
ants will be team and individual bowl
ers from San Francisco, Denver, PORT
land, Butte, Vancouver, Salt Lake
City, Seattle, Tacoma, Anaconda and
number of other cities throughout
the West.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-03-03
With Addresses By Number
Of Well Known Citizens
President Houston OF State
Association Was Present
And Gave An Excellent Talk
IN Good Roads

A meeting OF Knox county men, In
tereste1 In good roads throughout the
county, was held in the X. of P. arm
ory on Wednesday evening. The meet
ing was very enthusiastic and ben
eficial to those who attended and 1t
is to I've regretted that every farmer
and townsman OF the county could not
be present to enjoy the evening ana
to hear the addresses given by various
interested men present. Hon. Jesse
Taylor of Jamestown, secretary OF the
Ohio Good Roads Association, A. II.
Houston of columbus, president OF
the association and Senator w. A.
Alsdorf of Johnstown, Ohio, were
present to deliver addresses which
were highly entertaining and instruc'
tive.
The 1rmory was filled with long tab
les that had been arranged to accom-
modate at least four hundred persons
but at seven o'clock, one half hour
after the time set for the beginning
of the banquet, only about one hun
dred men were present. An excellent
three-course supper was served, the
tables being decorated with large
palms. Music was rendered during
the banquet by Miss Helen Shireman
and Mr.. Walter Wood. Immediately
after rhe supper the business session
was begun with Hon. L. B. Houck act
ing as chairman.
Hon. w. M. Rooms was the first
speaker Of the evening. His talk was
directly on roads, both good and bad
in Knox county. He stated that the
only thing that had not progressed
and prospered during the last fifty
years IN this county is the public
highways. He stated that the roads
were better in this part Of the coun-
try fifty years ago than they are at
the present day. Every man needs a
good road. Men of all professions are
hindered and injured by the almost
impassable roads that lead to the sur
hOOuo Sldlcu
that he could see no reason why the
citizen must pay taxes and still trav-
ell on the same clay bed on which he
has Travelled for years.
The next speaker introduced was
Mr.. G. B. Smith of Centerburg Mr..
Smith spoke of roads as he knows
them to be In Hilliar township. He
stated that in some directions from
Centerburg, 1t is almost impossible to
travel the highways and that at times
one mon will volunteer to walk to
town and secure groceries and sup
plies for himself and his neighbors be.
cause vehicle cannot be drawn
through the mud. He stated that the
present generation is slowly progress.
ing and that more interest is being
shown IN favor Of good roads than was
the case during the past generation
There are already two miles of pike
in Hilliar township and this served to
inspire the residents of that township
with desire to build more.
DR.. e. v. Ackerman of Frederick
town remarked that the men selected
to build the good roads should be mer
of excellent Judgment. He spoke il
u1ln2-.u..suanu-.,-u
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-03-03

the organization.
At the conclusion Of the meeting, a
call for members was Issued through
the hail End over thirty men respond
ed and on a payment Of one dollar for
their entrance fee, became members
Of the association, which II is hoped,
will better the roads as well as the
general welfare Of the citizens Of
Knox county.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-03-03

Mr.. and Mrs. d. G. Allen OF Howard
left Wednesday noon for Washington.
Pa, where they will mako an extend.
ed visit with Mr.. Aliens cousin. Mr..
w. X. Long.
Miss Loretta Taugher went to Coz
lumbus this morning to visit relsa
tiyes.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-03-03
ROBBERS GET ss,OOn

Marion, Ind, Mar. 2-Safe blowers
this morning got $4,000 from the Far
mers' State Bank at Matthews, Ind,
and then made good their escape.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-03-03
+ + + + + + + + + + + !. 4. :,
I. BIRTHS :,
: 4. 4. + + + + + + = =

= = = = = = n
A daughter was born Tuesday af.
ternoon to Mr. and Mrs. Robert Raley
Of Marion avenue.
A daughter was born Thursday
morning to Mr.. and Mrs. Charles
Gregory Of West Chestnut street.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-03-03

We are so anxious to have spring
come that even the thought of getting
out our last years straw hat is quite
pleasant.
The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-03-03
When You Buy
WIRE
ENCE

Don't forget to con-
slider quality.
There is more differ
ence in wire than in
many other articles.
Yellowstone monitor. [volume] (Glendive, Mont.) 1905-1928, 1911-10-19

and will, in a measure, determine
whether they will receive the case
Of the defense Hospitality. The de
fense holds that Nelson's answers
clearly indicated that BY reason q
! his conclusion on personal investiga-
tlon that the Times disaster was
caused by dynamite, he would be
aVerse to evidence tending to show
that the disaster was caused BY gas.
Nelson's familiarity with subjects
relating to the explosion presented
an unusual situation for the begin
ming Of a trial and it is not anticipa-
ted there will be as lengthy argu-
ments on any Of the other talesmen.
The defense in its extended ad-
dresses against Nelson does not con
ceaI the fact that i IS talking at
present for the benefit Of the record
il case of an appeal.
I'VE wish to place our objections
on record as fully and comprehen-
slvely as possible, said Joseph A.
Scott, who will continue the argu-
ment for defense tomorrow.
The defense figures that It's 20
peremptoly challenges are too prec-
ious to waste and Mr.. Scott added
that they viii be needed to weed Gus
those talesmen with whom exanina-
tion will not reveal a bias, but who.
upon investigation among their
friends here, it will be found have.
fixed views on the labor questions
or others that will come up in the
case.
The defense is checking up On the
list, making careful efforts to learn
in advance as much as possible
about their personalities.
Both James B. Mcnamara and his
older brother, John J.. secretary Of
the International Bridge and struc-
turaI Iron Workers, spent the day
ii solitude il their cells il the coun-
ty jail. They had no visitors except
a priest early in she day. John j..
whose turn for trial, it is expected,
will follow that Of James B., is APP
plyicg himself to the proceedings Of
the present case. and To-Day read il
detail the transcript Of Nelson's ex-
animation. Though unable to wit
ness his brothers. trial. he intends