St. Louis Post-Dispatch
February 9, 1916

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one into business, | Int business.” urant business, 2° in my own place _ } but ft is beginning | . put up her own up for them.” ‘Come Along Everybody-- ‘We're Off on a Joy Ride! = newspapers combined. 34,176 Automobile “Wants”——A gain of 8547 ovér 1914, and 6283 more than the FOUR other St. Louis o1.LOUIS | PO3T-DISPATCH ~ Only Evening Paper in St. Lous With Associated Press News Service. | VOL. 68. NO. 173. SE. LOUL, WEDNESDAY EVENING, FEBRUARY 9, 1916—22 PAGES. PRICE ONE CENT , ; SUPREME COURT HUFFLE’FAILS 10 SAVE 7a PERSONS Missouri Tribunal Decides Defendants Whose Appeals _ From Courts of Criminal Correction Were About: Forgotton Must Pay Fines. City Counselor, Who Discov- ered Trick of Lawyers, Says Ruling Will Bring in $25,000 Revenue. Rule Requiring Appellant to Pay Filing Fee Before Case Was Docketed Was Used to Avert Punishment. The Missourl Supreme Court in Jef- ferson City today handed down a de- cision by which 7% individual defendants in & prosecutions by the city who had taken advantage of the so-called “Su- preme Court shuffle, *’ must pay the pen- alty assessed by the St. Louis Courts of Criminal Correction. The term “Supreme Court shuffle” was used by City Counselor Daues in referring to an ingenious scheme by which many lawyers practicing in the criminal and police courts saved their elients from paying the penalty assessed against them. It was customary for cases in which fines were assessed in police courts to be appealed to the Courts of Criminal “errection, and if a conviction was ob- tained there by the city, to appeal to the Supreme Court. Faileq to Pay Filing Fees. ‘Under the Supreme Court rules the ap- péllant must pay the Supreme Court tiling fee before the case is docketed there. It was customary for the appel- lants in these cases to fail to pay the filing fee. ‘The records of. the St. Louis courts showed the cases to have been appealed, but they did not come up for considera- tien in the Supreme Court. because the appeal had not been perfected. Near- ly all_of them were for minor offenses and were eventually forgotten. The defendants, being out on bond, es- caped: punishment. Many such cases had been los: sight of for several years. In November, City Counselor Daues accidentally overheard a conversation in which a lawyer remarked about a case: “Oh, that will be lost in the shuffle.” Daues began an investigation and dis- covered there were 84 cases in which appeals had been taker and not perfect- ed, and in which the defendants were escaping purishment. Judgments Are Affirmed. He, with city funds, paid the filing fees of all these cases and filed a mo- tion asking that the judgment of the Courts of Criminal Correction be af- tirmed. Attorneys for the defendants filed a counter motion asking that the cases be disinissed. The ruling of the Supreme Court to- day sustains Daues’ motion, and orders the judgments of the lower courts con- firmed. ; City Counselor Daues after hearing of the decision said that the city would re- ctive more than $25,000 from the fines assessed in the cases or from the bonds- men. He said the professional bondsmen SCHWAB SAYS HE PAYS ONE MAN $500,000 A YEAk dicts Corporations Will Have to Share Profits With Workers. NEW YORK, Feb. 9.—The success of all great industrial enterprises in the future will depend on profit-sharing with their employes, asserted Charles M. Schwab at the dinner of the Youns Men’s Bible Class of the Fifth Avenue Baptist Church last night. “I trust men according to their de- serts.”” he declared. “I pay one of my managers $500,000 a year, and I only ywish it were more. He is earning that for me, as well as for himself. In my economic schedule each man is rewarded according to his merits and the larger sum he gets the greater is the encour- agement to him and those under him because they see the justice of it and it encourages them.”’ Mr. Schwab said his idea is to give the individual some important part in the industry to stimulate his interest. He said he makes his managers feel they are the prime factors in the enter- prise they control. “If that is true of the manager and the salesman,’’ he added, “‘it is equally true of the laborer. In. every establish- ment of mine I carry out this principle. I have arranged it so that each em- ploye is so placed that he is able to earn $1100 a year. I wish it were more.” FRENCH ARMY HEALTHIER IN FIELD THAN IN BARRACKS Typhoid and Dysentery Alone Show Increases, but Mortality From Former Ailment Is Reduced. PARIS, Feb. 9.—Life tn the trenches is healthier for the French soldiers now than in barracks during peace times, figures issued by the army medical department show. Measles, scarletina, mumps, diphtheria and cerebro-spinal meningitis were more prevalent in the army in 1911 than in 1916, the cases, together with typhoid and dysentery, averaged 7.11 per thousand men in 1911, as compared with 6.02 per thousand men last year. Typhoid cases last year numbered 4.4 per thousand men as compared with 1.88 in 1911. Dysentery, for- merly the deadly enemy of armies in the fleld, attacked only 18 men out of 100,000 as compared with 11 in 100,000 of typhoid in 1911. In the field the mortality was 2.55 per cent, owing to improved methods of treatment. SENATOR’S THREE-CARD DRAW INTERRUPTED BY BOMB RUMOR Game Soon Resumed, bat the Jinx Was There, and the Law Maker Didn’t Better Hand. WASHINGTON, Feb. 9.—In ths Senate office building yesterday aft- ernoon, just as Senator Blank turned to Senator Dash and inquired, “How many cards?” a page entered in hot haste and whispered in the Senato- rial ear. The Senator gasped, and arising hastily took the shortest route to the door. He was followed by others as the rumors spread that a spy had been foung in the garret and was about to drop a bomb down the ele- vator shaft. But it was all wrong. Volpe Tom- magua was not a spy and he didn’t have any bomb. He was caught by a policeman and taken to St. Eliza- beth’s Asylum. Senator Dash ultimately took three cards, but he didn’t better his hand. PARIS THEATER STARS DEPART FOR A “RUN” AT THE TRENCHES french Company With Secnery to Adds He Is Worth It, and Pre-| EC. ELLERBROG, WHO WAS $1000 SHORT, KILLS SELE Body of Missing Bookkeeper of Undertaking Firm Found in a Box Car. NOTE IN HIS’ POCKET Letter Addressed to ‘Dear: Edna’ and Says That ‘It Was Inevitable.’ Search by detectives for Edwin C. Ellerbrock of 3338A Blair avenue, de- faulting bookkeeper and collector for the Harrigan & Sheahan Livery and Undertaking Co., ended at 10:30 o’clock this morning when his body, with a bul- let wound in the left breast, was found in a box car at the foot of Miller street. A note, addressed to his wife, read: “Dear Edna—Let my simple as possible. I am sorry it had to come, but it was inevitable. I did not stay away because I didn’t like you. It was that I knew I had wronged you and I was ashamed to expect myself worthy of you. I don't want anybod,Y blamed for my acts. They wer: all my own fault, and anything I have dore may learn a lesson to some folks. “Whatever you do, be honest in your dealings. I have tried, but it seems that I was doomed to be unlucky in every- thing that I tried, and if courage would help me, I probably would not be doing what I am. Kiss all the children fo: me and try to brace up. Mother has an insurance policy un my life, and my last wish is that she pay my funeral ex- penses from it if it is enough. If not, you make up tne difference. Yours as ever, ED.” Was $1000 Short. When informed:of the finding of the body by a yardmaster, Lawrence P. Harrigan, president of the undertaking firm at 718 North King’s highway and 2620 Morgan street, said that an audit of Ellerbrock’s books had been com- pleted: The audit, he said, disclosed that Ellerbrock was about $1000 short in his accounts. An investigation of Ellerbrock’s books was started a week ago last Monday night, when a customer presented a statement he had received for an a:- count which he previously had paid. E}- lerbrock was questioned and asked to return the following morning to assist auditors in checking up his books. He never returned. The investigaiion disclosed that Eller- brock had pocketed the money paid by the complaining customer. It also dis- closed that he had falsified other ac- counts. John J. Sheahan, vice president of the firm and a Police Commissioner, had asked that a quiet search be made for Ellerbrock by city detectives. The fact that search was being made became known last Monday. when the Post-Dis- patch told of Ellerbrock’s shortage. Had Wife and Children. Ellerbrock was a son of Dr. Edward Ellerbrock of 1416 Hebert street. He was about 30 years old, and is survived by a wife and three children, the eldest 7 years old. He had been employed by Harrigan & Sheahan more than eight years and such confidence was placed in him that he never had been bonded. The body was frozen, having been in a refrigerator car apparently about a week. Police think tramps searched the pockets, as they had been slit with a knife. The shoes and hat were missing and no revolver was found. funeral be as | SENATE APPROVES TWO MEASURES OF DEFENSE PROGRAM $600,000 for Navy Yards and 300 Extra Annapolis Cadets Are Assured. ‘NOW UP: TO. PRESIDENT Wilson Takes Steps to Speed Action on the Prepared- ness Bills. Qa!» WASHINGTON, Feb. 9.—The today passed the resolution z.aking $600,- 000 available for re-equipping the Mare Island and New York navy yards. and the bill increasing by 300 the entrance class at Annapolis Naval Academy. The measures passed the House Monday and now go to President Wilson for his ap- proval. The President today began efforts to speed up Congress on the tational de- fense plans. He conferred with Repre- sentatives Hay, Dent and McKellar of the House Military Committee in an ef- tort to bring about an agreement on an army bill. In accordance with his policy of work- ing for preparedness along nonpartisan lines, the President has asked Repre- sentatives Kahn, Anthony cnd MckKen- zie, ranking Republicans of the commit- tee, to discuss the same question with him tomorrow. Later he expects to see both Repub- leans and Democratic members of the Senate Military Committee. Those who saw the President today agreed that work on army bills should be hurried along. The continental army was the princi- pal subject taken up at today's con- ference. Chairman Hay favors Federal aid to the national guard. The President decided to call in con- gressional leaders as a result of his be- lief gained during his Middle Western speaking trip that the peonvle are in fa- vor of adequate national defense and that Congress should take action as quickly as possible. After discussing national defense thor- oughly with members of the Senate and House, the President plans to follow a similar course in an effort to get action en the shipping bill, the thilippine bill and revenue legislation. Senate Daniels Wants U. 8S. to Hold Its Oli Lands, WASHINGTON, Feb. —Secretary Daniels, before the Senate Lands Com- mittee, today opposed any law to permit oil operators to remain on the naval oil reserve lands in alifornia. He said that if the Walsh bill for leasing of oil lands passed, the navy would be forced to buy oil from private firms at prevailing high prices within a year. He recommended holding those who had developed the lands to their strict legal rights. Pro- tection of the navy’s oil supply, he said, would insure the United States the greatest possible advantage over ene- mies. GERMAN CRUISER “ROON” SAID TO HAVE BEEN CAPTURED New York Paper Has Report That British Warship “Drake” Took Raider Off Bermuda. NEW. YORK, Feb. 9.—The New York Globe this afternoon prints a message from Bermuda, stating that the German warship Roon, alleged commerce raid- er, had been captured by the British battleship Drake, after a three-hour BRANDEIS CHARGED WITH BAD FAITH IN FREIGHT RATE CASE Clifford Thorne Declares He Be- trayed Shippers, for Whom He Appeared, in 1913. FAVORED THE RAILROADS; | Public Hearings Begun on Bos- ton Lawyer’s Nomination for Supreme Bench. WASHINGTON, Feb. 9.—Investigation of Louis D. Brandeis of Boston in con- nection with President Wilson’s nomina- \tion of him to succeed Justice Lamar on ‘the Supreme Court bench was begun today by a Senate subcommittee, which first heard Clifford Thorne, chairman of the Iowa Board of Railroad Com- missioners, who was associated with Brandeis in the fight against giving the Eastern railroads increased freight rates. Thorne assailed the conduct | f Brandeis in that case. “I believe the nominee before this committee was guilty of infidelity, of breach of faith and of unprofessional conduct in connection with one of the greatest cases of this generation,” he said. Thorne charged that Brandeis, as an attorney appearing for the shippers, conceded that the rate return to the railroad was inadequate, and that Bran- deis in his opening orat argument to the Interstate Commerce Commission con- ceded that the returns were inconsistent with prosperity of the railroads and welfare of the public. ‘TIT was simply dumfounded,”’ clared Thorne. Hearings Are Public, At the beginning of the hearing, which was public, the subcommittee voted down a proposal to have the full com- mittee hear the case. That was re- de- | Latest Photograph of Nominee for U.S. Supreme Court Bench —International Film Photo, LOUIS D. BRANDEIS. garded by some as a first victory for Brandeis, on the ground that the sub- committee was favorable and the full committee hostile. The full committee, however, will act on the subcommittee’s report and Senators who are not on one side or the other professed to see no particular significance in the action. The committee later will numerous petitions from individuals and organizations in its ands, urging con- firmation. So far as known this is the first In- stance in which such a nomination has been inquired into except behind closed doors. Thorne was the first witness. He told of his congection with shippers and State Railroad Commissioners’ organi- zations opposing increases in freight rates to the Eastern roads before the Interstate Commerce Commission in 1910 and 1913. He said he was first asked to participate in the 1918 case by Bran- ‘deis. Thorne declined, but later agreed when Henry Martin of Kansas witb- drew from the case to become Vice Gov- ernor of the Philippines. The Interstate Commerce Commission, he said indicated the fundamental ques- tion te be determined was: “Are the railroads entitled to more revenue and, if so, where shall the rev- enue be secured?” Thorne said his appearance before the committee was not at his own instance. but at the request of Chairman Chilton. Brandeis Assailed. ¥At the outset two facts stand out, itl apears to me,” Thorne declared. “In the first place I believe the nominee be- fore this committee was guilty of infi- of breach of faith and of unpro- considert-~ “PREPAREDNESS IS ELIMINATED AS MOTIF FOR DANG Some of Country Club’s) Mem- bers Objected to It as Being Levity. | Preparedness has been eliminated as the principal motive of the costume dinner dance to be given at the St. Louis Country Club tonight. The plan to have “the Country Club six months after the foreign invasion” also has been aban- doned. the scenic setting represent Postcards sent to the club members announced the change in plan. Andrew -H. McCreery, a member of the club’s entertainment committee, to- day said the original notice announcing the affair as a “preparedness dance”’ evoked some criticism from members who thought it showed a disposition to treat with levity a very serious matter. McCreery said the selection of “pre- paredness” as the keynote of the dinner dance was merely suggestion of a motif LAWYER AND WIFE CONDUCTING THER OWN DIVORGE CASE Minnesota Woman Pleads With Court That Husband’s Peti- tion Be Denied. THREF RIVER FALLS, Minn., Feb. 9. —Acting as her own counsel, Mrs. EHd- win M. Stanton of'this city is contest- ing in the District Court here a suit for divorce brought by her husband, an at- torney, who also is conducting his own case, but with the assistance of two3 other lawyers. The trial began yester- day and is expected to continue several days. “Speak up louder, Mr. Stanton,” said Mrs. Stanton sharply from the witness stand when her husband was question- ing her yesterday. “Do not. mutter— the Court wishes to hear all you have to say.” Then there was. a sudden. change in her manner. Tears, filled her eyes and she broke down for a moment. “I still love. him,’’ in Northern France. First Line Positions Teken West of Vimy in the Arras Neighborhood, Where There Are Evidences of Great Preparations. e Corman Pees Propeeelie cluding Offer of a Large Indemnity, Reported Re- jected by Belgium, oe 3: ry whe Anxiety for Troops Have Been Isolated.63 Days in Kut-El-Amara, _ pi 4 By Associated Press. | BERLIN, via ‘London, Feb, 9.—Capture ef the first line French positions over a front of 800 yards to the west of Vimy" was announced busi by the War Of. fice. t The ntusiieeie says: “West of Vimy our troops stormed first-line French positions over an ex- tension of 800 meters, securing more thaw $2 100 prisoners ana seven machine guns. “South of the Somme, the Frencn again penetrated during the evening 1 small German trench section.” - - Vimy ts about midway hetween nite jand Lens and is near the point where the British and French lines are joined | Vimy is just east of Neuville St. Vaast and a little t>- the southeast of the Labyrinth; which the Trench captured after ‘a notabie struggle. It is on that part of the front | whero considerable progress was mado | by the French and British in their me : fensive last September. Pog Unofficial reports recently have tnal- cated that the Germans had transfe - large bodies of troops +o er’s armies in that section. | lery on both sides has been active there for several days. French > Penstons ¢c wil re PARIS. Feb. beter War Olea a statement this afternoon says: Pek ‘In the Artois artillery on both sides continued to show activity. On tie | front extending from Hill 140°to the i road from Neuville to La Folie, th Germans yesterday just after mi@@ay exploded two mines heavily charged. To the west of La Folie they were abies to penetrate some portions of our trenches which they had destroyed ‘by the explosions, but at certain points we drove them out by an effective hand grenade attack. The fighting continued during the night. “South of the Somme River we bom- barded the enemy’s trenches, “In the Vosges there was cannohuii- ing on both sides eh eg casi - of Hartmans-Welilerkopf.* BIG INDEMNITY 7 OFFER TO BELGIUM would loose heavily because many of Jelity . the persons convicted probably cannot se she ‘ whispered, now be found, and the bondsmen will b> compelled to pay the amount of the bonds. He algo said the decision would me?r that the juggling of prosecutions under city ordinances would stop. Counselor Daues said he would in- struct the City Marshal to begin imme- diately the collection of costs and pen- alties from principals or their sureties. Some of the cases have been on the court docket for 13 years, and in some Cases either the principal or surety, or for the dinner dance, as the Entertain- ment Committee believed it would afford an opportunity for the selection of novel costumes’. It. never was intended, he said, that the affair should have any features which would offend any mem- ber’s sensibilities. In view of the construction put upon the announcement notice by some per- sons it was decided to send out a sec- ond notice containing information that the affair would be “an ordinary cos- tume dance.” Give Comedy Program Within Sound of Shell Fire. PARIS, Feb. 9.—A company from the French National Theater departed for the front yesterday to give a series of productions just back of the lines for the entertainment of men from _ the trenches. The program is largely comic, including an amusing one-act piece, ‘The Brigand,” by Abraham Dreyfus. Madame Bartet will recite poems and Mme. Marguerite Carre of the Opeia Comique will sing the ‘“Marseillaise”’ and solos from ‘‘Manon.” The Ministry fight, 200 miles east-northeast of Ber- muda. Two merchantmen, one of them armed, were captured with the Roon, it is stated. The Globe said it was unable to make public the source of its information, but quoted the following message said to be from Bermuda: “Drake here today towing Roon. Tock her 200 knots east-northeast Bermuda. “~hree hours’ running fight. Lost Dan- forth, 18 men. Her losses about one- third. Struck as we came abeam. Two merchantmen with her, one armed. Took fessional conduct in connection with-one of the greatest causes of this genera- tion. “In the second place, in open court hearing, while acting as special counsel, Mr. Brandeis committed himself to the proposition that the net return of 7% per cent above all expenses, all interest on debts, on capital stock of railroads was inadequate or to use his own words ‘negligible.’ This has been hel dto be udequate by the commission in 2910.”’ Thorne said he was uncertain how far he should go into details, but began a pointing to her husband. “I beg’ that this Court. refuse to grant. him a: di- vorce. I have not wronged him in any way, and in his heart he knows it.” Stanton asked for a’ divorce’on the ground of incompatibility, and charged that his wife had written several let- ters which reflected essed on his character. ‘‘He is: mistaken,” said Mrs. Stanton to the Court.: “He has laid before you only a small: portion of one particula> letter. Were he to present it all it woula show that I still love him. I love ‘nim, WILSON INVITED 10 LINCOLN Asked to Talk on Preparedness in Bryan’s Home Town, WASHINGTON, Feb. 9%.—President Wilson was invited today to speak on preparedness in Lincoln, Neb., by Ser:- ator Hitchcock and a Nebraska com- mittee. The President said he would take the invitation under advisement. Lincoln is the home of former Secre- tary Bryan, the administration’s lead- Prince. ven Baclow onl athes persorages, has indicated that the she is ready to offer Belgium for concluding of a separate peace both, is dead. By previous agreement only the costs will be collected in 33 of , 4 the cases, which were for milk ordinance vidlations. of War has provided transport for a limited amount of scenery. It is probable that the company will play in every case close enough to the ing. opponent in the preparedness pro- gram. Chicago Has 847,626 Voters, both. Brought here. Seagrave on sighting Roon said: ‘Please God, today I will avenge Craddock (Admiral Crad- dock, whose squadron was destroye.i review of proceedings of big rate cases. Brandeis, he said, characterized his tes- timony as “wonderful” and suggested that it be published at once, so the pub- FAIR AND COLDER TONIGHT; RISING MERCURY TOMORROW but I cannot live with him. , “TI just want to live in peace. -I am too cld tc begin life over again and therefore I beg of you not to grant this * > et ag2s caused by the invasion and a0 OCce cupation and that she asks in oo economical and commercial pri : which virtually would transform ~ port of Antwerp into s German.centert | of traffic. To these proposals Belgium is said to have replied with . refusul and a declaration of intention to) adhers to the allies and not to one a separate peace. Statements regarding efforts . made to induce Cardinal Mercier to.1 his influence in favor of proposals £61 a separate peace also have been mad@ but i: is asserted that they have began” entirety in vain. gee: ee Car¢inal Mercier is living. tirement at the chief demptorist Fathers in | front to be within sound of shell fre, but out of reach of projectiles. CHICAGO, Feb. 9.—Men and women voters to the number of 105,520 reg- ae 5 istered for the aldermanic primaries Last year the Post-Dispatch printed] yesterday, making the total number 43,724 Male Help Wanted Ads, just 11,002L of voters eligible for the primaries more than its nearest competitor. now 874,626. by the Germans). Roon badly knocked about by 9.2. Thirty-two officers and 719 men taken in the three prizes.’’ The Scgrave mentioned in the message is supposed to be Capt. Segrave, who was with Admiral Cradock when the latter went down with his flagship, the Good Hope, which was sunk in 4n en- gagement with a German squadron off Chile. There is no Danforth among the of- ficers in the British navy list. LONDON HEARS |, T. T. LINCOLN IS EN ROUTE TO EUROPE Spy Wanted by Great Britain for Forgery Said te Be on Ship in the Atlantic. LONDON, Feb. 9.—It is rumored here that Ignatius T. T. Lincutn, former spv, who escaped from custody in Brooklyn last month, is now on the Atlantic en route to Burope. if this report be true, as it seems prob- uble, in consideration of its source, it is , Frank Boedeker, Andrew POST-DISPATCH alone ee =~ Cols. Tie ig egy 4 one ft re , John Heitman, Clinton H., tition added to ghar tgs Cols. mes v ii r succeed in es- Walter Decie:) ieee ae aes nications to be of an official character “4 5 imam eal cae ae to contain unneutral information the act would constitute an offense ‘subject to trial. Copies of the papers relating to the Langhorne case are on file in the State Department and will be studied by Sec- retary Garrisor Missouri—Partly cloudy tonight -and tomorrow; colder tonight; rising . tempera- ture in north por- tion - tomorrow, Illinois — Gen- erally fair tonight and tomorrow, colder tonight: rising § tempera- ture in north an4d . ++ 372,973 ..214,951 - mt Onrs Bergjams, Sam Kauff-. tlie ast : 4 176 Cates avenue, last night when the aareeny Palmer, John Henry lamily was at dinner. He tock nothing outlined. to. him how the arguments! central portions tomorrow. sean *y anlage ake but left much mud on rug and furni.| WOUld be made. When he first received] state of the river: 16.7 feet; iad Mayes. Pore | a . ture. j Continued en Paze 3, Column 2, jot 2.3 feet, a fall