PIAIISMOUTH NEWS HER41D
n. 0. WATTER3, Butlnen Manage!
PLATTSMOUTH.
NEBRASKA
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Washington, Congressional, Politi
cal and Other Events Bricfl)' Told
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Foreign.
A terrible railway disaster occurred
when two trains eamo together In a !
collision thirty miles north of Kami-'
K0. Many persons were killed or in- j
Jurcd. ltoth trains were completely j
destroyed. 'Hie uionetury less will ;
reach $150,000.
There was a suffragette disturbance I
at several political meetings In the
British Islands. The women made de- ,
terinlned efforts to Invade St. Andreas'
hull, Glasgow, mill a crowd ot Ilrltlsh
sympathizers came Into violent con
flict with the police, which resulted
in riotous scenes.
Announcement of an amicable, set
tlement of all pending questions that
have served to disturb the friendly re
lations between Japan and China will
be made ofllclally within a short time.
Arrangements of the differences relat
ing to the Antung-Mukden railway
probably will he contained In a note
to the powers.
Greece's reply to the last Turkish
note regarding Crete has been com
municated to the powers. Its terms
are conciliatory, and diplomats here
consider that It should be satisfactory
to tho porte, to which It was delivered
soon. The note regrets that after
Greece's previous assurances the
Turkish government still complains of
the attitude or Greece in IlumcHa and
Crete.
A delegation of thirty-nine business
men, representing tho civic and com
mercial organizations of Tokio, Yoko
hama, Osaka and Magoya, sailed on
the steamer Minnesota for Seattle.
They will tour the United States as
guests of various chambers of com
merce. A despatch from Portsmouth to the
London Daily Graphic says there Is
much alarm there owing to the dis
covery thrice lately of supposed dyna
mite cartridges among coal shipped
to Portsmouth for tho battleships.
Tho latest find of this character was
during tho coaling of the cruiser Duke
of Edinburgh.
General.
Authorities at Washington refuse to
nwnlt a test before continuing seizures
of bleached flour.
Naval experts figure thnt the United
States is second in strength.
Over a million acres of land are to
be opened for entry In North and
South Dakota.
Returns from eighty-three counties
In Nebraska, sixty-one or them official,
give Fawcett n lend Tor supreme Judge,
which llaiuer cannot overcome.
Treasury officials are unable to esti
mate definitely receipts and expendi
tures under the new tariff law.
One state trooper, one deputy sheriff
and three foreigners were shot and
killed in the wild riot at the Pressed
Steel Car plant In Schoenvllle, Pa.
Cases of the bubonic plague have
been reported at Honolulu.
Unconscious and believed to be dy
ing of apoplexy. Mrs. Robert Potts,
wife of Rear Admiral Potts, U. S. N
retired, arrived on the steamer Mlnne
tonka. Peru has not sent to Holivla an uiitl
matnni In the matter of the boundary
dispute between the two countries, and
from all reports It appears that both
governments are approaching one an
other In this matter In n spirit of sym
pathy and good understanding.
Renewed talk Is heard lately of tho
appointment of Charles K. Magoon,
until lately governor general of Cuba,
as vice governor of the Philippines.
Mr. Magoon Is not In office now, but
Is recuperating In Europe.
Thirty persons were Injured, at least
nine of them seriously, when a por
tion of Twelfth street bridge over the
Chicago river at Chicago, which was
weakened by construction work, col
lapsed. Twenty casks and nine cases con
taining trophies or the hunt collected
by the Roosevelt expedition In South
Atrlen were brought to New York on
the steamer Provlncln from Mar
seilles. '
The naval board of inquiry reaffirms
former verdict that Lieut. Jas. N.
Sutton committed suicide.
The Canadians announce with an
air of surprise and regret that during
the last ten years the Indian popula
tion of the dominion has Increased
m.ooo.
Up to this writing seven persons
have been killed in the automobile
speed carnlvnl of Indianapolis.
The lato dry and hot weather Is
said to have cut down former esti
mates of the corn crop.
The government report on forest
fires in Cannda during the last year
hows that timber was damaged to
the extent of $23,500,0110 and that
twenty-one lives were lost.
President Taft has accepted an In
vitations to visit Mexico on October
Itl next, when bo will exchange visits
with President Diaz of Mexico nt El
Paso Culdad Juarez.
President Toft Is preparing some
speeches that he will deliver on his
southern and western Jaunt.
Ml IHIUA
I PARAGRAPH li
Tho navy department Las decided
that David William, a mess attend
ant on the battleship Vermont shall
bo surrendered to tho Massachusetts
authorities.
Sterling Hlrmingham, the dismissed
trust company clerk, wants to tell
w hat he knows of the scandal.
A better quality of wheat than last
wok Is coming Into the Omaha Grain
exchange and oats of far better grade
than last year's crop are being re
ceived. The quantity of wheat re
ceived Is ahead of last week, but corn
has temporarily fallen off. It is be
lieved farmers reading beat damage
stories are holding back in tho hope
of higher prices.
Whltelaw Held, American ambassa
dor to Great Hrltain ha sarrlved on
tho steamer Mauretania from Liver
l)ol and Oueenstown.
Prime Albeit Leopold, heir to the
Helena throne, arrived nt Antwerp
on bin return from tho Congo, nnd
was given Hit ovation.
The porte has decided to recognize
King Ferdinand's title as king of Bul
garia. The Fuller prohibition bill passed
the Alabama senate with little opposi
tion. That hog.i, by being Inoculated with
the serum discovered by Dr. M. Dor
set, a government specialist, are im
mune from cholera has been demon
strated to the satisfaction of United
States government officials who have
been conducting a test nt the Kansas
City stock yards.
Seventy-live work horses In tho
burns of tho Cropper Stable company
at Louisville, Ky., were cremated in a
$."JO,0io lire which destroyed the build
ings. Four hundred skilled machinists at
the Puget Sound nnvy yard were dis
charged, and COO more were laid off.
Governor Drown or Georgia signed
the recent net or tho Georgia legis
lature which prohibits the use by
negro secret societies or the Insignia,
ritualistic work, grips, etc., or orders,
composed or whites.
Reese Hack, n prominent farmer,
was shot to death nnd four other
were probably fatally wounded, In a
feud fight growing out of a contro
versy over a dog, nt Iluatersville,
twelvo miles from Charlottevllle, N
C on Sunday night.
The secretary of the Interior has de
signated ai.ONO acres In tho vicinity
of Portnles,, Talbon Yeso creek nnd
In the E.stnnelu valley. New Mexico,
together with C0..120 acres In other
parts of the territory as routing with
in tho enlarged homestead act.
Walter Johnson takes Issue with
the statement that General Howard
rhose tho battlefield of Gettysburg.
Naval officials are satisfied with the
bid on battleships, regarding the price
as reasonable.
C. O. Whedon filed n brier In do
renso or tho Nebraska retaliatory law
In the California insurance companies
enso in federal court.
Secretary Naglc says taking of the
census will not cot as much as ex
pected. A number of Nebrnskans and lowans
were successful In the land drawings
nt Spokane.
Washington.
It was announced nt the navy de
partment that Rear Admiral William
T. Swlneburno, recently detached
from command of tho Pacific nnd now
on duty at the nnvv wnr iiiII.i- ni
Newport, R. I., will be transferred to
the retired list.
For the first time In history the
South Pacific ocean with Australia
and t ho East Indies on one marcln
and South America and Panama on tho
other, has been portrayed by a chart,
Issued liy the navy department hydro-
graphic office. Tula chart will appear
quarterly.
Treasury officials are much gratified
over tho receipts of the bureau of in
ternal revenue for the month of July
tho first month or the new fiscal
year which shows nn increase of
$93fl.32ii over July of last year. The
receipts during July, 1909, were $22,
9;8.H2. nnd during July, lflos. $22.-
020,314. In the view of tho nmVlnta.
this Increase augurs well for tho gen
eral prosperity of the country.
President Taft may rldo in the big
white house automobile in tho-flornl
automobile parade to be held here
this fall under the auspices of the
Washington chamber of commerce.
Several cabinet officers will appear in
their own cars. There will be three
section to the parade, a governmental
a floral and a commercial.
Rules governing the Philippine
tariff act were sent to customs of
ficers.
George It. Turner, chief taxidermist
of the Smithsonian institute, has been
recalled from his vacation In order
that prompt attention may be given to
the eighty-two skins of animals that
have been sent to Washington by the
Roosevelt party.
Personal.
Enemies of Senntor La Folletto in
Wisconsin are maneuvering to beat
him for reelection.
Congressman Hlnshnw, In a speech
printed In tho Record mado a defense
of th( new tariff.
On his trip to Mexico, Prosident
Taft, If he so desires, will be given nn
opportunity to witness a bull fight,
Orvllle Wright, the American aero
pianist, lias been engaged to make
demonstrations with his machine lu
England.
Congressman Towney of Minnesota
may have to light to be returned.
Theodore Roosevelt has received
many letters from the United States
containing all kinds of requests with
which It Is Impossible to comply nnd
which It Is equally impossible for him
to answer.
Princeton university is given $100,:
(too by tho will of Cornelius C. Cuyler.
the banker who was killed recently in
nn automobile accident in France.
THE RAIL ROADS WIN '
DECISION IN MISSOURI RIVER
RATE CASE.
THROUGH TARIFF IS ENJOINED
Decision Far Reaching, Majority of
Court Holding that Commission
Exceeded its Powero.
Chicago. Manufacturers and pro
ducers generally in the territory be
tween Duffalo, Pittsburg and Parkers
burg, on the east, and the Mississippi
river on the west are regarded as the
greatest beneficiaries by the majority
decision of the United States circuit
court here Tuesday, permanently en
joining the Interstate Commerce com
mission from enforcing Its seaboard
Mlssourl river through rate In the
famous Missouri river rate case.
The opinion of Judges Grosseup and
Kohlsaat (Judge Ilaker dissenting), if
sustained by the supreme court of the
United States, will greatly curtail the
power of the commission over trans
portation rates, restricting it to a sort
of police court adjudication of speci
fic cases of alleged discrimination.
Tho rate-making power remains in
the hands of the railroads.
Tho Missouri river cities which
would have profited bad the commis
slon's order been allowed to go into
effect, benefit by tho court's ruling In
temporary restraining order was is
sued. This case nnd tho Missouri river
case are similar in principle, the
former concerning the commission's
order of n new and reduced through
rate between Chicago and St. Louis
to Denver.
The commission's order of June 24,
1908, reduced tho rate on first-class
freight from the seaboard (east of Ilnf
falo, Pittsburg and Parkersburg) to
Missouri river points from $1.48 to
$1.39. This order was issued upon
representation of the Missouri river
Interests manufacturers and jobbers
chiefly that tho seaboard rate of $1.15
to Minneapolis and St. Paul was a dis
crimination against them, Inasmuch
as tho Twin Cities, using the cheaper
water rate from the Mississipl, were
the Denver rate case. In the latter a
nble to undersell them in their own
teritory on articles coming origin
ally from tho seaboard. The sea
board shipper shared In the profit
seen In tho commission's order over
his competitors' In central traffic ter
ritory, who would not share in the re
duced rate. According to sentiment
aroused in Chicago, Milwaukee, De
troit, St. Louis and other central traf
fic cities, the order was a discrimina
tion calculated to ruin their Indus
tries. They were not aroused, how
ever, by the Denver case. Tills enso
was tho Missouri river case over
again, save that central traffic points
and Denver would reap the benefit of
a 23-eent reduction in the through
rate which the Missouri river points
would not enjoy. Missouri river in
terests were to be protected against
tl e middle west nnd Denver against
tha Missouri river. The seaboard had
nn ndvantage In both rates.
In their opinion Judges Grosscup
and Kohlsaat held congress in creat
ing the interestate commerce act had
not Intended to place a power In the
bands of a few men to build up one
community or to ruin another. They
held that in ordering the through
rates nt Issue the commission had
greatly exceeded its powers.
HARRIMAN REACHES HOME.
Master Builder of Railroads Returns
a Tired, Sick Man.
New York. Edward If. Ihrrlman,
genius of finance, Wdor of men and
master builder of rnilroads, came back
to the United States Tuesday while
the financial world stood on Its tiptoes
In anxiety and expectancy. He enmo
back as he left, on June l, last, a
sick, tired man, seeking health. Now,
surrounded by his family nt his mag
nificent though uncompleted summer
homo nt Arden on tho Hudson, ho has
begun the "after cure," which ho needs
after the enervating baths and dletlc
treatment he underwent nt the Aus
trian resort, Had Gasteln. How long
he will remain In seclusion, how long
if will be before be resumes the ac
tive direction of his vast railroad in
terests depends solely upon his health.
He arrived feeble, face gaunt nnd voice
weak. "And I have come home," lie
said, 'for a cure and not for work."
Mrs. Sunday Denies Wreck.
Chicago. A telophoue message re
ceived hero from Mrs. "Billy" Sunday,
wife of the evangelist, denies that
Mr. nnd Mrs. Sunday were victims
of an automobile accident near La
Porte, Ind.
Drouth In Oklahoma Ends.
Kansas City, Mo. The long drouth
in Oklahoma, Arkansas and parts of
Southern Missouri wns broken Tues
day by a heavy rain. Tho beat, which
has been excessive since July 13, was
checked. Satisfactory yields of corn
and cottou are assured.
Hill Wins the Fight.
Portland, Ore. The Oregon Trunk
line railway, which Is said to have the
financial support of James J. Hill, won
Us contest with tho Deschutes rail
way compnny, a Ilanimau subsidiary,
in tho United States district court.
The court Issued an order forbidding
the Harrimnn rond going upon tho
sixty miles of contested right-of-way
up the Deschutes canyon In central
Oregon. Tho application of the liar
rlman lawyer's asking that the Hill
rond be suminnrily enjoined pending
adjudcntlon whs refused.
NEBRASKA NEWS AND NOTES,
Items of Interest Taken From Her
and There Over the State.
The Midwest Life
Issues all the standard forms of in
surance. Local agents wanted In ev
ery town In Nebraska. Good commis
sions are paid. Write tho president,
N. Z. Snell, Lincoln, for an agency.
Madison county Is planning for a big
fair, September 20 to 21.
Th'o total vote of Otoe county at the
primary election was 822, nnd the cost3
of holding the election was something
over $1,400.
F. L. Dinsmore, county attorney of
Johnson county, recently filed his re
signation with the board of county
commissioners, and at a meeting of
the board the s.anie was accepted.
Motor car service in to be Installed
on the St. Joseph & Grand Island line
for local traffic as soon as the Union
Pacific begins detourlng Its through
trains over this route.
Halvor Swensen, an aged Gennnn re
siding In Otoe county, had but little
fatih In banks, and so kept over $1,200
In money In his home. A few days ago
he went to look for the money and It
was gone.
The pyro-aero sensation of the cen
tury. Pain's stupendous thrilling "Rat
tle In the Clouds." At the State Fair,
four evenings, September (1, 7, 8 and
9. The most entertaining open air
crentlon ever conceived.
The Midwest Life of Lincoln offers
a good commission contract to agents
to represent it locally. This is what
Rest's Insurance Reports. Life, 1909
edition, says about The Midwest Life:
"Its policy contracts are liberal and
fair. It writes both participating and
non-participating policies. The cost
of management is extremely moderate
for a new company, and the net cost
of insurance is low. The Investments
are of good character and yield a good
return."
The executive committee of the Otoe
County Live Stock association held a
meeting nnd decided to have their an
nual parade on September 2t, 22 nnd
23. This Is an annual affair and is
the bigost stock show held In that
part or the state.
Joseph Richardson came to his death
at tho hands of Ernest Stout by being
brutally beaten, nccording to a coro
ner's jury inquiring into the ense at
Grand Island. All the witnesses who
were nt the scene of the killing were
examined.
While at work widening the Rol
niont canal west of Hridgeport, II. A.
Molte's force of men unearthed a hu
man skeleton, and while nothing was
found to Identify the remains it is be
lieved to be all that is left of a cow
boy, who died and wns buried in that
vicinity eighteen years ago.
A sensation In the shape of a series
of roheiies has just developed at Wy
more, where a number of conductors,
engineers and brakenien In the em
ploy of the Hurllngton have been
called on the carpet and discharged
for taking silks, clothing and shoes
from cats In transit.
Frank Gregory of Reynolds lost a
$400 tenni of horses In a peculiar
manner. They ran away with a load
of sand, bringing up against a freight
car. The momentum of the load liter
alily crushed the horses, there seem
ingly being but few whole bones In the
animals bodies.
Will Prowett, jr., of Fullerton, aged
twenty-one, has been in the Philip
pines Rince last November. lie has
been engaged in the treasury depart
ment $1,200 per annum. Word was
received recently that he has already
been promoted to the government
bank with an Increase of $SH0 per an
num In salary.
Under the terminal tax law the
Union Pacific Railroad company will
have to pay taxes on $3,527,23.1 Invest
ed In terminal property in the cities
and villages of the state. Last year
this property was assessed at a total
of $3,371,238. This is nn increase of
$13(1.115.
Tho music nt tho State Fair at Lin
coln, September fi to 10, will be all
that the music lovers could desire
A splendid Auditorium and Llboratl's
superb band nnd company of Grand
Opera Singers. The overture to Wil
l'am Tell, tho master creation or Ros
sini, is always rendered by this band
In a superb manner. Any one of these
great concerts Is worth all that It cost."
to go to the State Fair.
The primary election was an expen
sive thing for the taxpayers of Custer
county. In Elm township there were
but eight ballots cast In all, the tax
payers having to pay $38.75 for tho
votes, besides the printing of tha bal
lots, amounting in all to about $5.00
per vote. It Is also stated that there
were two townships in tho county
which polled but two votes each, even
the members of the election board re
fused to vote.
THE MIDWEST LIFE.
Insurance In force $1,730,703
X. Z. Snell President
Dr. R. R. Davis, Omaha. .Vice-President
A. J. Sawyer Secretary
II. S. Freeman Treasure!
Dr. M. H. Everett Medical Dlrectoi
C. R. Easterday Actuary
J. If. Mockett, Jr Supt. of Agents
Llberntl and his famous band and
grand opera singers makes music very
popular nt the State Fair. They will
bo heard at Lincoln In four concerts
every day, September 6 to 10. They
never disappoint the crowd, simply
bold them spell bound during tho en
tire program. The cornet solos by the
great leader or the solos by the other
nrtlsts always well rendered. No mnt
tor whether the band renders "Andre
Chenley" a number so tremendous
that It taxes the full musical power of
tho band or "Uncle Sam's March as
the last note dies sway the crowd al
ways cheer,
TUC Tllfl PCMT I Mil I
i iiir uu ii-hrui uuu
I IIU I IIU ULIl I U III
AUTHORITIES ENCOURAGED BY
THE OUTLOOK.
RAILROADS INCREASE REVENUE
State Fair Forces Busy With Prelimi
narles for Opening of the Ex
position September 6.
Attorney General Thompson feels
much encouraged ns does tho state
railway "commission regarding tho
showing they expect to make in the
rases involving the 2-cent fare law,
the Aldrkh freight rate reduction and
the Sibley express rate laws, and the
longer the hearing Is put off tho bet
ter shape the state will be In to make
good In Its case. For over a year the
commission has been getting weekly
station reports, made out by the sta
tion agents showing the freight ship
ped in and out, the express sent in
and out and the ticket sales. These
statistics are being compiled In the
office of the state railway commission
nnd the compilation shows a remark
able increase in the amount of revenuo
paid to the corporations. Whether
expenses have also Increased in the
same proportion of course tho com
mission has no way of knowing except
by the annual reports of the corpora
tions. Rut the Income of the rail
roads and express companies the com
mission has first hand and tho fact
that tho railroads are offering reduced
rates to Omaha, Lincoln nnd the state
fair the commission believes U another
Indication that tho 2-ceut fare rate
has not Injured the railroads financi
ally. Testimony in the cases U to
begin shortly before a referee ap
pointed by the federal court.
Getting Ready for Fair.
Secretary Mellor and a force of
clerks are busy getting the final work
done preparatory to the opening of tho
state fair, September C. O. E. Mickey,
superintendent of cattle, notified Sec--etary
Mellor that enough entries had
neen made to fill the new barn, which
nas stalls for (i3(J hend, but that the
entries justified tho construction of an
addition to the barn. Tho barn south
of tho new structure will hold sixty
head and this will be fllfed. as will tho
nursing cows' barn, which has room
for sixty. The addition sugested by
Mr. Mickey will be erected as a tem
porary arrangement and all cattle en
tries will be taken care of.
Secretary Mellor has closed the con
tract for five state bands in nddition
to the Llberatl band, which will give
four concerts daily ns follows: 10:30.
1:20 and 4:30 in the auditorium and
7:15 before tho grandstand proceed
ing Pain's fireworks. The state bands
which have contracted to furnish
music are tho following: Geneva,
Monday nnd Tuesday; Nelson, Tues
day and Wednesday; Aurora and
North riatte, Wednesday nnd Thurs
day; Stroinsburg, Thursday and .Fri
day. Corn Acreage Higher.
Nebraska corn acreage is only 2 per
cent greater this year than last, -according
to the figures compiled by the
bureau of labor and Industrial statis
tics. The government report showed
nn Increase in acreage of over 13 per
cent, but the state report disputes
this. The figures compiled by Deputy
Commissioner Maupin's office nre
gathered from assessors each spring
ond are presumed to be ns accurate
as can be procured. The government
reports are not held in high estima
tion by many grain men nnd for this
year the fact that discrepancies in the
figures appear does not . worry the
deputy.
Judge Good's Expense $10.
Judge B. F. Good, of Wahoo, candl
dadte for supremo Judge on tho demo
cratic ticket, filed his campaign ex
pense statement with the secretary of
state. His expenses comprised tho
$10 filing fee nnd that aws all. Judge
Good was the first to file his state
ment. Picnic on Labor Day.
The labor unions of Lincoln will
mite unite In a picnic at Capital
beach, September G. The usual parade
will not be given, but nt the beach
there w ill bo speaking nnd boating and
a general good time.
Cash Grain Market.
With a view to establishing a cash
grain market In Lincoln, four grain
merchants signed themselves ns Incor
porators of the Lincoln Grain Ex
change and filed articles of Incorpora
tion, with a nominal capital of $25,000,
with the secretary of state.
Lon Welch, clerk In Fallen's drug
store at Seward, dropped dead while
waiting on a customer in the store.
He bad been subject to fainting spells
nnd !t is thought that he died from
henri disease.
Agitation for Commiision Plans.
Mayor Love, who has Just returned
from a vacation trip spent In Iowa, has
announced himself for nn early agi
tation In ravor of a commission form
of government. In Des Moines, ho
said, he round tho plan working well
and satisfactorily. He wns told, he
said, by tho editors of the three news
papers, that It was tho only thing they
could all ngreo upon That the com
mission form of government was good.
These editors spoke In favor of the
system regardless of tho men who com
posed tho administration.
STATE FAIR IS NEXT.
Liberal Education in the Annual Ex
position.
While other state lnst'tutlons nra
nt a standstill during August, the bus
iest office in the state house is the
office of Secretary W. H. Mellor of the
state fair.
The state fair opens Sept. C, and
Secretary Mellor, as usual, desires to
convince the people of the state that
It Is their duty to patronize the fair,
an institution which Is their own, and
which can not be successful without
their help, lie also desires to con
vince those who who have not been
convinced that the state fair is an edu
cational institution which should be
patronized for tho knowledge it im
parts. As a second reason why tho
people should attend it is asserted
that the fair affords an outing at a
time when most people can best af
ford It nnd that the entertainment Is
the best and cheapest that can bo had
for the outlay of money.
All money received by the fair as
sociation is expended for the benefit
of the stockholders who are the peo
ple. This year the attractions In the
form of live stock, agricultural exhib
its, machinery, art, music, races nnd
other features will excell the attrac
tions of former years.
For Liberatl's band and opera sing
ers the state fair pays $2,500. The
patrons of the fair in past years have
stamped their approval upon this at
traction. Races in the afternoon,
Paine's fireworks shows at night, in
cluding an airship, carnivals and
other features, will afford wonder and
amusement. Under the present man
agement the races have constantly
grown In excellence, though none ot
tho agricultural features of the fair
have been weakened. Tho Nebraska
state fair now ranks well with tho
great expositions of other leading
western agricultural states, and Is ex
celled by the best only In the mag
nificence of permanent buildings.
If the people of Nebraska will con
tinue their patronage the fair Is bound
to surpass many others In the west.
Tho attendance within a radius of ten
miles of the fair grounds Is consid
ered a good test of the loyalty of tho
people. In Iowa and Nebraska tho
attendance within this radius Is 200
per cent. In Minnesota, where n mag
nificent exposition Is held each year,
and whore there are two great cities
to draw from, tho attendance within
a radius of ten miles is only 65 per
cent.
Opinion on Judiciary Law.
The opinion in the non-partisan ju
diciary case which was decided some
weeks ago, was filed last week in the
supreme court. It was written by
Judge W. D. Rose, with all the court
:oncurring except Judge Dean, who
dissents, and Chief Justice M. D.
Reese, who was out of the city when
the case was heard. Judge Dean filed
a dissenting opinion. The suit was
started by John M. Rngan of Has
tings, who brought proceedings in the
district court of Lancaster for a man
damus to compel tho secretary of
state to put his name on the primary
ballot ns a republican candidate for
supreme Judge. The district court held
the law unconstitutional, nnd the de
cision was affirmed by the supreme
court In the opinion filed last week,
in his dissenting opinion Judge Dean
holds the non-partisan judiciary law
to be but an expansion of the state
wide primary law, and that It "does
not come within tho inhibitory provi
sions of the fundamental laws that
have been invoked to destroy it."
A Feature of the Fair.
A twenty-five mile relay race la one
of the attractions at the Btato fair.
Secretary Mellor has received Inqui
ries from racing men living In tho
Dakotas, Wyoming, Colorado, Kansas,
Missouri and Nebraska. Five miles a
day Is to be run, with n change of
horses in front of the grand stand
vach mile. The prizes nre Moo, $400
and $200, and the entries promise to
make this one of the most novel and
exciting of attractions. (
Omaha Bee Protests Tax.
The Rec Publishing company of
Omaha has filed n statement with tho
secretary of state showing that it has
an authorized capital stock of $500,000,
but that It has issued only a part of
the stock. The company remits a feo
of $50 under the state occupation tax
law under protest. Tho secretary of
state will Inform the company that It
must pay a fee based on tho author
"zed capital stock, nnd that It is $25
short in its payment. Tho Roe P.ulld
Ing company sent a fee of $75 on nn
authorized capital stock of $500,000,
and the Tschuck Real Estate company
paid $30 tax on nn authorized capital
stock of $100,(100.
Evening Fair Attractions.
Always up to date with everything
and tho best that Is going the Stato
Fair will put on for nn evening enter
tainment the world's greatest open-air
exhibition, it Is too big for a build
ing or a tent or a roof to cover so It
will bo out In tho open air, Pain's
Wnr in the Clouds. Thero will bo
lighting air ships, aeroplanes, electric
bombs, aerial torpedoes. All of this
every evening nt tho Fair, in front of
tho grand stand.
Special Rate to Lincoln.
The Railway enminlssion has given
permission to the Northwestern rail
road to Install a rate of ono faro and
n half to Lincoln at the same time the
fall merchants' meetings una being
held In Omaha.
Extra Trains for Fair.
The Ruiitngton has arranged for a
number of special trains to tho state
fair from various points during the
most Important davs of tho exposition.