..THE .OMAHA. DAILY - RKE:- TUESDAY, -DECEMBER .15, 1003.
TEt.FPHONF, UI-l4.
X Lasting
Gifts.
"Herat Ion irMoa dies
la a nla (hat has
rlre aa
e-nrly tlnetnro
I It.
Personal gifts, gifts that remind
woman's wardrobe is' complete this
f 11 '
i dress made from rain proof cloth. Only three enables lert gun
metaf,' medium and dark tan mixtures regular $1.75 quality
inches wide now, f 1.25 a yard. .'.
Black Silk Special for Christmas. ;
Isn't It worth while to save a third wh never you can. and hav wore money
loft to make other people happy? Thl silk special 'will .help you do It regular 11.75
Black Peau de Sole 4itm silk, npw I1.J7 a yard,
REMNANTS OF SILK Tuesday's buyer will hav. fin picking anions the allk
remnantsthey mass excellent gifts. Remember, they art short length,- of this
season's hftridsprn fabric many pretty walat lengths, at a big aavlnt lh' price.
'." ' i J ,'. .. , i ,.
; Great Values iti Dress Goods. . ' ; ,
W aohot belfvk''anythlng would please i lady more than ' handsome black
dres pattern, for Christmas.-And wouldn't It be a fin thine; to send a dress pattern
to iom slater or mother. who cannot afford to buy one for herself. , Black la a color
that la alwsji good. - . ' .; v . -,.-'
ALL WOOTj BLACK CTlBVlOTS-the- practical, substantial dresa good. Wo. yard.
ALL WOOV BLACK- WinPCOltD han dsome silk finish 75c a yard. v' .
ALL. WQQL; BLACK jCBEPOLA prett y crepe-finish, medium In weight, Just the
material' for a soft, clinging effect 7So yard. . , ,. i
BLAtnC-ALL WOOL VOrLE-handsom . rich luster, an Ideal fabricator the aoft,
Clinging. drees apeflal value Me and 40c a yard. , ' . ,
REMNANTS OR BLACK DRESS, GOO PS walt lonKths.. skirt. lengths and many
full dree lengths, and. the price art all iicmatchable, , quality, for quality: . Now. I
the grfat buying time. "Com early. ', t ; . , -
OPEN EVERT EVEhfjNtj ITNTIL CHRIS 1'MAS Be6iNNIN6 PRIDAtdEC 18. '08.
. . .
Vi M. C. A. Bdildine, Comer
that by, holding the stock It had the au
thority to control It.
Ha took sharp exception to the decision"
of th district courts that the poasesalon
of the power'whlch the Securities company
bad was a violation of th law, and con
tended that such holding was not In nc.
cordano with th decisions of th supreme
court, which were uniformly to the effect
that It la th ue of power, and not th
possession of It, that constitutes th offense.
. Th first Is that there wa no agreement,
contract, communication or conspiracy to
restrain competition between the two rail
road companies, ner, to restrain traffic.
Whatever contract or understanding there
was in the came was to en aige, to create
and to In every way possible improv trad
commerce.
Th seoond proposition la that If two rail,
way companies, somewhat in competition
with themselves, decide It neceHSary, In
order to sustain their competition against
a third company, which otherwise could
destroy them or greatly Interfere with their
usefulness to the public, combine in any
way for their protection against destruc
tion, and In oruer, hy mean of that pro
teclo, to make a greater competition with
a greater rival or a greater Scale for their
advantage and for the public, th court
must look to the matter a on of th
facia to determine whether the real purpose
was to destroy or to lead to the destruc
tion in oraer to promote- traae oy tne es
tablishment of the greater competition.
The third Droooeltlon is that it the hold
The third
ing of the Northern curiae' I'Otnmnv of
th majority of the shares of the two com
panies was a violation ot the Bherman act
of conrs ah agreement amongst any num
ber of persona would be a violation of that
act.
The fourth proposition la that th first,
sec 'on of the Bherman act does not In
eny way condemn as Illegal the acquisi
tion or ownership of the share of the two
competing companies. ...
The fifth proportion' Is that the second
sectleh of ther Bherman' act doe not in any
way condemn th acquisition and holding
of sub-ownership f shares. -
Th- sixth proposition is that th Sherman
act does condemn' as Illegal the ownershlo
of a mntmlllng Interest In the shares of
th competing-railway companies, that It
la unconstitutional. . .,
Clalmat Competition Hot- Restricted.
Taking up the proposition Mr. Johnson
contended that there had been no thought
of restraining competition in uniting the
ownership of the two railroad' companies,
but, on th contrary,' th purpose had been
to enlarge and promote trade. " He' ad
mitted that If there had been an agree
ment to restrain Interstate commerce that
would constitute a direct Violation of th
interstate commerce law, and also con
ceded, tbat It waa Immaterial -what th In
tent had been. He knew well enough, h
aid, thiU th decision' of th court would
be based upon the acta performed and not
' upon th statement of motives.
Mr. Johnson then outlined at some
length th organisation of th two rail
road companies and said a they had been
In rxlstenc for some years It waa found
difficult to get sufficiently low rate on
westbound freight. Ther waa a demand in
th cast for th lumber of th northwest,
but th problem waa to get return freight
to avoid paying practically double for
carrying th western lumber. Th railroad
manager set out to solve this problem
and began work to cultivate an oriental de.
mand for tho coal and ateel ot the east
and tho cotton of th south reeling that If
this demand could bo sufficiently stimu
lated th return freight problem would be
solved. , Neither tho Northern Pacific nor
tho Great Northern reached th center of
these Interests, ' but the Burlington road
did,' and It was decided that, it they could
get . control of th line, they could make
uch rate on th Burlington and on their
rtn line aa would Insure th permanency
of th trad which might b developed In
th orient. This plan was put Into ex
ecution, th pries paid being 120,000,000.
'Barllnittoa Rot Parallel LI a.
Thla Mr, Johnson characterised aa Von of
those bold enterprise by which at th be
ginning of th present century and the close
; NO SECRET.
: There is no secret about
Scott's Emulsion of Cod
Liver OiL The label tells
the whole story. There is a
knack in making it. The
only secret about it is the
secret of its success.
This year, "when cod liver
oil is very scarce and high,
all. kinds - of cheap, inferior,
oils are used to take its place,
and all sorts of things pre
sented as substitutes. Think
cf petroleum being taken as
a substitute for cod liver oil I
too absurd. Think of the
BO'Called wines, extracts and
cordials of cod liver oil I
they are simply the shadow
without the substance; no
food value in them.
Scott's Emulsion "The
Old Reliable" is the same
yesterday, tenday and forever.'
fits quality and purity can
bS absolutely depended upon
at; all times. ,
We'll ered yon a ami
COrr aoWKB,
ipU Ire spaa request.
o rcarl atnet, M. T.
Be. Dec, It, 1KO.
TT m
one of the giver every day. No
season without a garment or
Sixteenth and DougU ?
of the last Americans-carried American
trade to th farthest corners of th world.
Th Burlington waa not a parallel, nor
a competing line, but a supplier, and cer
tainly It could not be contended that this
act was contrary to th law,
He then reviewed th raised fund paid
on th Northern Pacific stock. The Union
Pacific had, ho said, proposed that It should
be allowed to have Interest In th purchase.
Thl could rot be allowed, h said, and It
was naturally declined because it . would
destroy th purpose for which the Burling'
ton had been secured. When th Union
Pacific got control of th majority of th
Northern Pacific stock It waa, he said.
staggering blow, because It carried with It
the ownership of a half Interest in th
Burlington. "What was to b done? Re-
main quiet and allow these people to have.
the prise, or to protect that alliance T They
determined to form a corporation to which
they could turn over the Northern Pacific
shares. Thl corporation waa formed by
them with no concern for th 1,80 or 1,000
other stockholders. They sold their ahares
outright to thla company and did not em
ploy any of those devices of. "now you ae
and now you don't st the ownership."
Mr. Johnson declared tbat th result
were moat. beneficent. "Instead of being a
combination for the restraint of trade," he
aald, "th whol purpos la to protect -and
develop trade." ., '. .
Takes V Third tines tlon,
Mr. Johnson did not discus at any length
hla second proposition, but soon passed to
the third. He admitted In th beginning
that if ther was a combination for th
restraint- of trade,' that jauat end tho case.
"It th ownership of th controlling Interest
waa In restraint of trade, then, that wag the
nd of the appellant's case. It ownership
Itself was in restraint of trad, than It mat
ters Jiot what, th ownership was tor,
whether for monopoly or other purposes.'
He then took up the- questions whether;
First The combination of the two rail
road companies in the Securities company
Is a violation of th Sherman act, and.
aecond. If It Is, is tbat act constitutional!
Discussing th first question h admitted
that th decisions of this court are to th
effect that the 8herman law has referenc
to . th restraint of trad . by conspiracy
along all lines, but he contended that lo
th present case there had been no such
combination. Thla contention ho based on
the fact that In this case there had been
a sae to a third party,' and added:'
"You therefore -ar confronted not with
a proposition where persons conducting
trade agree with on another for restraint
of trade, but by a caa. where persons sell
their property to another. ' Wher has that
ever been decided in a federal . court?
Wher is ther a, caa la which, it waa over
held that bona Ado acquisition ot owner
ship of a property is a contract, combina
tion or conspiracy in restraint of trader
He urged that th owner of shares of
stock have tho property right to transfer
their shares, and it would be an absurdity
to speak, of such a transfer between In
dividuals as a crime.
Corporations Hav laalvlaaal Rights,
"Aren't w," he asked, "stretching th
English language beyond precedent in put
ting a criminal construction on this trans
action T" , .
He contended that corporation should
hav th earn right as . Individuals. To
contend otherwise, he declared, would lead
to untold mischief.
Justlc Whit interrupted Mr. Johnson to
observe that as he understood th point it
would b unlawful for a corporation to do
what an individual mla-ht do. "In which
cas," continued Justice White, "you'leav
iue power to compel only in tne band of
a very wealthy Individual, is not the an
swer to this that ths facility with which
corporations can be formed renders much
more . feasible to existence of competition
than would exist in cas only a very rich
man could exercls that power?" Mr,
Johnson admitted In reply that that was a
common-sens view, and then reverted to
the decision of th circuit court against the
securities company because it has th
power to restrain trade. ' Mr.' Johnson de
clared that thl decision wa something
new hi jurisprudence.
resumed
argument, taking up his fifth proposition.
relating to monopoly. II aald that con -
gress had failed to give an adequate deflnl -
tlon ot the, word... Originally It meant an
exclusive grant, but did th acquisition of
on railroad or of two prevent others from
building other roads?
Disease glath Pvapoaltloa.
Comintf In 1.1a ) v.,.i,inn Vr. inhn.
on argued that if th purport of the law
wa as claimed It would be qual to a com
plete prohibition of commerce.
Mr. Johnson closed hi argument with a
plea to the court to demand of th attorney i
general th citation of aom law as au
thority to strike down th Northern Securi
ties company.
"You may strike, down this corporation."
h aald. "and undoubtedly you will stiik It
down if you find that its xlstnc is in vto-
latloa of th Uw, even though ia so doing
you destroy a commerce of magnitude; but
I respectfully submit that you ask of th
attorney , general, whan h dereanda that
you strike It down, th pi Mentation to you
of aom law that clearly and unmistakably
pronounces aa a crlm tliat which he asks
you to condemn."
Mr. Johnson was followed fcjr C. W. Bunn,
who spok especially for res Northern Pa-
cUlo. Ma confined bis ducuaatloa largely to I
v. w commit mur- "',""'-' " ,,T. ' . of General Wood toy dlstn
der." h said, "but many of u use a water scandal., wag then tailed for sentence j , ' ...
rssor, which give us th power to murder." for accepting a bribe, of which charge he ny th Mmof m c
nTmwar n ... a,. .... - Jk 4 , d. I mll.l tfrn lha ass-uat. vV.n sansw. rvllrlt v. Irs Yim I
--. inTM nr. a-onnson resumed nis i r.uj . i
the derision of the circuit court In th case.
Like Mr. Johnson he conceded that th
Sherman act cover all combination In re
straint cf trade. He contended, however,
that some latitude must be allowed In de
nning what Is a restraint of trade, and ha
said It was rather startling to apply the
law to, and make criminal, the consolida
tion of two lines of railroads like th Great
Northern and the Northern Pacific, aa was
don In their purchase by th Northern Se
curities company. ' ...
Question of gtate Control.
Discussing th question of state control he
contended that the question la one not con
fined to the anti-trust act, but pertains to
all les;lslatinit affecting Interstate commerce.
He contended that congress had no control
of th transfer of stock. In this connection
he laid down th geheral proposition that
th acquisition of the stock of two railroad
companies by any company was not an act
In restraint of commerce. The court below
held, and he said the attorney general will
urge, that the acquisition of thla stock for
the Northern Securities company makes It
so, for plaintiffs self-Interest la to restrain
commerce. Such a conclusion, ha said,
must be drawn, per ae, that an actual re
straint la either taking place or Immediately
about to take place. Such a position, Mr.
Bunn maintained, was contrary, to th fun
damental principle of law. It also waa con
trary to common sense practice and expe
rience. To say that because a man own
th stock of two parallel roads he Is going
to restrain commerce waa contrary to fact
and might just as well be said fof a man
who owns one road.
He also contended that even though the
stockholder ' desired ta restrain trade It
must be borne In mind that the railroad
companies have boards of directors without
whose co-operation th stockholders can do
nothing. '
Mr Bunn cited the Tranamlssourl casa
and In that connection was questioned by
Justices Harlan and White as to the ex
tent of the agreement. If any, In that case,
He contended that the restraint Imposed
In that case was only upon- Individuals.
Ka-Duality of Control.
This cane must stand, h said, aa If two
roads had been bought by a common owner
under state control. It could not be con'
trolled both by the state and th federal
governments. There could be no duality of
control. ----- . . ...
Justice Whit Interrupted Mn. Bunn to
Inquire If he waa to understand his argu
ment to maintain that the drawing of arti
cles of consolidation was not In Itself s
violation of the anti-trust law. ,
"That la It precisely," answered Mr.
Bunn.
Attorney General Oatllaes Case,
Mr, Bunn was followed by Attorney Gen
eral Knox for the United States. Th
court was within three quartera of an
hour of th tlm for adjournment when
M'- Knox began his, address and I h was
sble to deliver only a portion of his argu
ment. Ha had In fact, scarcely more than
completed bis statement of th facts when
th day' sitting came to a close. In be
ginning Mr. Knox outlined th attitude of
th government towards th. case aaytng
that It waa "one of grava concern, based
upon Its conviction that . a mischievous
evasion of th law has been attempted a
well a upon Its special interest and rela
tions to ono of th properties affected."
In order that 4he court might under
stand th reasons for thla concern he re-
' la ted th principal facta connected with th
! organisation and th subsequent history of
tho ' Northern Pacific, Its relations to th
Great Northern railroad and other facta
' out of which th questions In this case
arise, but without extended comment His
statement of facts la this connection was
aa follows;
FlrstThaflhe ' Nort&raPkcraK 'rarf-
road was built under the authority of the
TJn!td States, and 'with the 'main 'capital
furnished by the' United States, and that
tno. unitea etaie lniennea ana anacneci
the condition to its contribution, that th
railroad should b a areat Independent na
tlnnul hlihwav. and aneciflea that the ob'
Ject of its construction waa "to promote the
puniio interests."
Second That by different devices em
ployed during the past ten years, the de
fendants or. some of them have endeavored
to destroy the Independence ot the North
ern Pacific company and bring It' under
the domination l the -Great Northern com
pany. .. ,...'
Scheme to Destroy Competition.
Third That the Northern Securities com.
?any Is an instrumentality devised by de
endant to acquire, hold and exercise
control over these two' parallel and com
peting lines or rauroa-a, to aemroy compe
titlun between them, ta constitute a mon
odoIv of transDortatlon In the Section
served by them and to defeat the condition
attached by the United States to the fran
chise and land grants of the Northern Pa-
clno company,
Upon statement the attorney general
based the following propositions:
First That the arrangement effected by
defendants- is a combination in restraint of
Interstate commerce and Is illegal under
the first section or the act or July, issu,
(the Bherman anti-trust law.)
Second That It .constitutes a monopoly
under the second section of that act.
Third That the court nas the power to
nrevent. raetraln. or otherwise Drohlblt It.
I ne attorney general was uoivn ad
journment to announce only on proposl-
tlon by way - of argument, and that was
contained in th. following sentence;.
Thla merger of Interest was a combine.
tlon In restraint of commerce, and was In-
tended so to be and
with or without a
proven Intention It Is illegal aa by virtue of
; the combination It is
uuty or me miacniei
hlrh the lnw la deslcned to Drevent.
namely, it brlnua transportation and trade
throughout a vast section of country under
the controlling Influence of a eingle body
and destroys any possible advantages the
puollc migm nave inrousn any competi
tion between tne two lines:
Th court adjourned until tomorrow when
Mr, Knox will continue.
j BOODLERS' CASES
GO OYER
Twenty Are Contlnne4 tor Trial at
Grand Rapid la til Rest
Week.
GRAND RAPIDS, Mich., Doc It-Twenty
case growing out of th Lake Michigan
water deal boodle scandal were on call In
th superior court today, this being. .th
opening ot th December term. They went
over until December II.
Lant K. Salsbury, farmer city attorney
and the 'man whoso confession, is respon
I Prosecutor 'Ward asked that sentence be
1 deferred until th first day of th next
1 term of court, because of the necessity of
I keeping Salsbury in th city to act as a
I witness In th new cases. A formal order
I was mad In accordance with thla request
Dni IfCIIlM IO CI CPTDnrilTCnJu - . .v. ...... .... -
r ULIWbllllnll I J lt-k.W I IIWWW I UU
Lillians Baal at Broakly. Exeeated
at tlagr tlasr for Marder
f His Wit.
NEW TORK. Dec 14. William H. Ennl.
a former Brooklyn policeman, convicted of
having murdered Us wife,' was put to
death thl morning in th electric chair
in Sing Blng prison. Two applications of
the current wer mad.
Th murder occurred January 14, 19QS, at
th hom of lira. Ennl Mem per, In
Canaraie. The policeman first attacked hla
mother-in-law. Then be shot down his
wife, dasplt th pleading of her sister.
Ta Car' a Col ta Una Day
Take Laxative Broma Quinine Tablets. All
druggists refund th money If It fails t
cure. K. W. Grov's slguatiu Is a oacfe
box. Ko,
CHARGES ' AGAINST WOOD
Witneii Ttitifieg that Cubans Cay Honey
Given to General Was WktheR
ACCUSES HIM Of INSUBORDINATION
ark Charge Broagfct by General
Brooke, aad Newspaper Men Tell
of Intimacy . wltk For
mer Convict,
WASHINGTON, Dee. It. When th sen
ate commission, on military, Affairs today
resumed Its . Investigation of charge
against General Leonard Wood four wit-
riessea were waJtlng to be heard. These
were Dr. C. . Fisher of Chicago ana J.
O. Lafontlsee. city .editor. of the. Jackson
ville (Fla.) Times-Union, managing editor
and city editor respectively of. the Havana
Post, published during American occupa
tion; X H. Morrison of.. New York and
General John R. Brooke.
Mr. Flshor waa called first. H told the
atory of Oeneral Wood' Intimacy with
Be'.lalra and attempted . to. show he went
with Oeneral Wood 'on a trip to th Isle of
Pines and there told ' him of an artlole
which he had ordered 'printed In th Ha
vana Post exposing pellalrs. The witness
said that General Wood .told him he did
not want the' atory printed and It had h'ol
been used.
Dr. Fisher testified that his told Oeneral
Wood all he had learned of the character
of Bellalrs and that he had offered to Gen
eral Wood to produce witnesses frho could
prove Bellalrs' Indecent Immorality. He
said that General Wood to'.d him he did
not care to know ' anything about, the
stories, that ail he asked was that they not
be printed In Havana. ,
- Corroborates .Dr. Fisher.
Mr. .Lafontloe wa called at the after
noon session and -corroborated The "testi
mony given by Flshef-He said that before
General wood and Dr. Fisher started on
their trip to the lale'of Pine the latter I
instructed him (LafOtlsee)to writ, th
article concerning wenairs. mr. Ljuunimcc
nM he tnnlr the miaiHnn under oonsldera- I
tlon and decided that as th matter would
be highly sensational and In case of libel I
suit It would be necessary to summon wit-
n esses from the -United States to prov
th charges, he would not print the article,
He said that when DM Fisher returned he
was greatly agitated -and- asked: "You did I
not print that artlclei I hope." When Dr. I
Fisher learned tbat ' the article waa not I
printed he was greatly relieved and said I
General Wood did not want It used.
In addition to "fits corroboration' of Mr.
Fisher's testimony, Mr. Lafontlsee told of
the maner In which be bad learn.d of
Bellalia character and swore also that
General Wood knew all about it. ' H said
ha learned from .person who went to
Havana from Florida that Bellalrs had
served flv years in Florida-convict "camps I
three ' years in tone and two years In I
. , ,! I E UlAl. V. Jt ..... I
cuuntnu vu l,ibi.v.u i
Bank of England.
vrvnitt rrvivci nnuiir
Mr. Lafontlsee said that In May, 1900,
a convict from Florida, named jonnson,
came to him and said, that b had .seen
Bellalrs ahd Genera,! Wood together at I
the race In Havana
s in Havana and that he recog-
nixed and spoke' to ,Biellalrg, who motioned
to him toi keep silent,..,. . , , , ,.
According to Johnsons story .as torn ty
Mr. Lafoptjsee.. ellair excused, himself
and met Johnson, asking him. to remain
quiet concerning W't criminal, record,. After
this Incident, testified Mr. Lafontlsee, Gen'
arel- Wodd seht'Tfof 'him- ahd asked' what
he knew of Bellalrs' record. Mr. Lafon-
Use said he told-General 'Wood of hla
talk with Jdlihsoh and also'" what he had
learned from other .persons from Florida.
That was 'in Juno, 1900, and according to
Mr. Laf ontlsse, . General Wood then asked
htm to se Johnson and ascertain whether
he 'would leave Cuba- and remain away
if hla passage war paid' to New Tork
and money gtveit.l
Johnson answered: "Why -do I want to
leave T I hav too good a thiftg her bleed
ing Bellalrs.
Mr. Lafontlsee returned to General Wood
and gave him Johnson's answer. Mr. La-
fontlsea said that later Bellalrs and Oen
eral Wood. went to New Tork.
When General , Brook was before the
committee two weeks ago ho 'referred to
two . orders, pns Issued by . th War de
partment and - the . other by himself, ' to
carry the first In effect, which he was un
able at that tlm to furnish. He went on
the stand today to present the orders and
undergo an examination concerning them.
Br oak Charge laanbordlnntlon.
Th order issued by the War department
directed that all funds collected' in th prov
ince of Cuba should b sent to th mili
tary auditor at Havana.. Th charg was
mad that tho order had been Issued by
I direction ot Genera) Brooke for th purpose
lot getting hold of. the funds collected at
Santiago and to deprive that province of
I Its own revenues. Th newspaper at San
tiago .war particularly bitter. General
Brooke told the military affairs committee
today that the order was Issued at a tlm
when he was alck In bed and that he had
no prevloua knowledge concerning It
Th other order, filed with the commute
today, was on th witness issued after hla
recovery. It directed General Wood, in
command of th province of Santiago, not
to make expenditures for public purpose
In excess of 110,000 a month without first
submitting th question to the military
governor,
General Brook said today that General
Wood had ignored that order and had gone
on spending publlo money without author
ity from the military governor. -General
Brook waa asked whether he had with
drawn th revenue from Santiago for ex
panaes elsewhere. He answered that San
tiago . had : .received all Its own revenues
and more than 1300,000 additional.
Mr. Morrison, a lawyer at 44 Broadway,
New. Tork, testified that h wa Interested
In the Electrophone company of Havana
and that his company .received contracts
fecting the city.
du to mi com -
on contract and
that Cuban officials In Havana swear the
money was paid to General Wood to dis
charge the Indebtedness. Mr. Morrison said
h believed that General Wood received
that money. '"'-
During th hearing today Senator Hanna
mads a formal reauest of the commltteais Western lea sua franchise for Bloux City,
that General Wood be subpoenaed to com
wuim imui ui I uuiyyiuo. ir nm
may answer th charges against him and
that he may b. questioned concerning Ms
action In Cuba.
Geaeral Bliss Dealea Report
Secretary Root has addressed tha follow'
lng letter to Senator Proctor, acting chair
man of th commit tea on military affair
Sir: I enclose a letter from Brigadier
General Tanker H. Wile, calling attention
to the report of hla recent teelimony be
fore vour commission as a witness revara-
ing certain oi. lections to tne connrmation
of Geueral ' Wood. It aiiars that the
Dress reoort of General Bliss' testimony
sre tne precise contrary oi wni n in
faet testifies. Ha wiabs to set this right
for his own reputation end 1 shall taks
the liberty of dolus
ng so aa far a practicable
bv s-lvina tils lette
let- to tbe pre.
Al trie same tlm 1 wisn to can ina at
tention of tho committee to th fact that
some beraona aem tn be DerIatently fur-
nisning to tne preas miw iuinnn oi ins
teatlniony taken trlora you. in perversion
of the evldeui being In every case to th
prejudice of tieneral Wood. It cannot be
duutilad that tha newspapers puMl.hlna;
LLca reouits bsuev t&out to t true aua
that th reports are ent to' them hy the
rpresentstlvea of the press In good fallh
under the same belief.
gonaeoa Tries to Injure Wood.
It Is evident that some person Is under-
taking to convev to th
e press represents-
tivea Information of what goes on In the
committee and Is taking advantage of the
fart that the evidence Is not published to
state It falsely for the mimosa of Injuring
General Wood In the nubile estimation, so
that while your rommtitee will act upon the
evidence actually before It. the public Judg
ment as to how you otiirht to act. will be
baaed on an enttrelv different and erron
eous Idea of what th evidence la. If the
evidence actually ftlven called for General
wooa s presence. I should, or course, nring
him back from the Philippines, hut I do
not feel Justified In withdrawing him from
the Important duties which he Is perform
ing on account of false reports of evi
dence which has never In fact been given.
It hardly seems fair that an officer who is
not here to protect himelf. but Is fervlng
his country faithfully, under orders on the
other side of the world, would have his
reputation stabbed In this way, I earnestly
reoueat your committee's attention to thl
sunjeci. very respectiuiiy.
Secretary of War.
Wkat miss Did Bay.
General Bliss In hla letter contradicts the
report that heetrongly opposed the admis
sion, without payment of duty, of the silver
service purchased in New Tork by the Jal
Alal and that h received mandatory In
structions ' from General . Wood to admit
said silver service free of duty. He say he
testified, most positively under oath that
neither directly nor Indirectly, verbally nor
In writing, personally from him of through
any subordinate, . nor from any person
whatsoever, "had I received an Intimation
aa. to the remission of dutlea upon these
articles; that. I ordered th remission v of
duty because I believed then, and I be
lieve now, that It was In accordance with
th law, and that If any mistake waa
made I was solely responsible for It.
"I further testified that during th two
and a half years that I served directly un
der, th. orders of General Wood aa military
governor of Cuba, I know of no. action .of
his that waa inconsistent with the char
acter of an honorable officer and a man of
Integrity."
SIGN OF TREMENDOUS GROWTH
Record Breaking Bnlldtag In Omaha
Take- f GrM Vhlnma
.
City.
December has been a banner month In
many things, not tho least of which 1 th
matter of building permits. The number of
permits, for th first half of the month
exceed those of the whole month of Decern
ber of last year. And the number of instra
ments filed In the office of th recorder of
deeds S2J is also a record breaker. All
of which Is very gratifying to th cltlian I
A prominent citlsen in speaking of th
growth of the city. .said: . ..
If thla matter of breaking records Is
maintained Omaha will have a population
of 260,000 Inside of five year. At present
th value of real estate Is being enhanced
dally and people are just coming to realize
th opportunities which thla city affords for
good investments and th many desirable I
,--.t V.lnk I trmmm Mma k n I
f""" h""-
be maintained for any length or time, fof
with the increasing aemana ror oesirabl
properties and locations, as evidenced by proceedings were stopped In all cases a.t
tho large number of building permit, prices fected. Nin ' cases wer wiped off th
ar tun to advance." docket and th witnesses sent to th grand
CI CM TO nM DIIMWIMfi TDAPIfC
- Mi - iiw.i.hhm innung
Inglesld Sees tho Racers (or th
First Time ' This "
Season.
i SAN FRANCISCOw Dec 14. Racing com
menced at Inirleitide" today In the Dresence
of a. large crowd. "Betting was' lively nnd
as favorites and well played horses wer
successful th bookmakers oia not nave a
profitable session. The track was In fair
condition,, it being somewhat muddy near
the rail. Results:.
First rare, seven furlonas. senilis: Bill
Masale won. El P Ho to second. Telephone
third.. Time 1:28V&.
Second race, nve furlongs: KfTervescence
won. Gottlleben second, Caroburn third.
Time 1-.02U.
Third rare, ona mile ana seventy varas:
Achilles won. I. O. U. aecond. Cougar
third. Time 1.45H.
Fourth race, seven furlongs, selling: Lora
Melbourne won. - Keeves second, uioerot
third. Time 1:29.
Fifth' run. thirteenth-sixteenths or
mile,- purse: F. E. Shsw won. MM Betty
second, Padua third. Time 1:23.
Sixth raca. one mile and seventy yaras.
selling: Key Dare won, Greenock seoond,
rreetolus third. Time i:c.
NEW ORLEANS. LleC. 14. KeSUltSi
First raca. nvs furlonxs: Bronx won.
Dltnphtanous seoond, Liuncan third. Time
i:vl. - , .. . .
Hecond race, one mne ana one-sixteenm
De Kesseka won. Mrs. Frank Foster sec
ond, CapUIn Arnold third. Time 1:(2S-,
1 nira race, one xm.w. oik nin wuu,
ful anoonH. Run Mot third. Time l:44fc.
Fourth race, one mile, mgnweigni nanni-
cap: Saretyllrnt won, Aiaamn secona, ro
theen third. '1'ime 1:40.
Max won, v. J. Dehoe second, . Barbara
Fifth race, seven ruriongs, selling: Annie
Freitschle third. . J "te 1 :3U. ......
vkl wCe: VZtFlU2? SSSl
stead third, lime
TOD SLOAN AGAIN A WINNER
Finishes Well Ahead of French
Jockey Clah la Lltlgat
. . Ins Contest.
Vinis han. 14 Ths rourt which has
been hearing the arguments in the case of
Tiki ' moan, tne American jocaey, agamm
the French Jockey rtub fof Ho.OuO damaaes
for being warned off the turf in connection
wltn Kose DeMals winning the Prix de
Diane at Chantilly In May, found in favor
of Sloan and condemned the Jockey club
topay the-costs.
Thi enurt wh a nnioins- mac biouii p com
plaint was Juatinea pointed out inni mm
he hsd not showed that the course of the
club caused him serious prejudice, limited
the damage to the eiene of the action.
The French Jockey club May 80. Ixsued a
notification to the effect that "Tod" Sloan
li4 n exrluiled from lurtner entrance
to the weighing enclosure or training
grounda ot the race course under tne juris
diction of the Jockey club for hsvlng ex
ercised Count Ie B iini-raunes o ue
Usl nhanilllv about two weeks prev
iously without having permission from
turf authorities. It waa oubllcly
stated at the time truit the exclusion of
th American Jockey waa the result of
his "spreading turr rumors," ratner tnan
for breach nf the rules In galloping Boa
leMai. . The case Involved the Jockey
club's sole control of the French tun.
SIOUX CITY NOT BALL HUNGRY
1 i,
I Dr. Wood Fall Down nValala
Western Usgst Gaarante
Fnad.
BlOtfX CITT. Ia.. Deo. 14 (Special Telo-
fxam.) Dr. Oeorge B. Wood, leader or tne
rlumvlrate. which was given the option on
nn,ounf1ed11 er"oon VlSL thf,rJWaI
I Httl likelihood
IIIMUUU t'L D,l,( - - ' I -
tha leasiie. Th Dromoters had
i berth in
I hoped to ralae li.CoO for the base ball fund,
but met with a chilly recention rom Ujj
ioux City would not be represented a Tar
as he was concerned at the league meeting
which waa called at Lincoln tomorrow.
Dr. Lyon'!
PERFECT
8
Tooth Powder
Used by people of refinement
tor oyer a quarter oi a oeniury
ST. LOUIS BOODLERS IN LUCK
Mistonrl Ennrem Oonrt Ban 3 art Denition
r .
b,oh May Eat All Fr.e.
ARRESTED ON ILLEGAL INFORMATIONS
After g.OOO Convictions Aro Secared
Co art Holds Tbat Prosecatlag
Witness, Not Attorney, Mnst
Sign laformatloa.
ST. LOtTIS, Dec. 14.-Notlflcatlon ot a
decision of the Missouri supreme court.
which brings Into question th legality of
hundreds of arrests and convictions re
cently made on Informations In Bt. Louis,
and which, according to Circuit Attorney
Folk, opens the doors of th penitentiary.
through writs of habeas corpus, to msny
others, was received her today by that
official.
Th decision Is that reversing th case
of th State against William Bonner,
which holds that an information issued
by th circuit, attorney's office must be
sworn to by prosecuting witnesses In th
ess and that circuit atorneys or prose
cuting attorneys could only swear to In
formation from personal knowledge of th
facta.
For two years, under a former decision
of th suprem court and under th con
stitutional amendment Ot 1900 and tho act
of 1901. prosecuting ' attorneys and circuit
attorneys hav given informations under
their official ' oatha. In St. Louis alone.
It is stated, fully t.0O0 cases hav been
tried on such information and conviction
resulted.
In the list of cases which, under th rul
ing of tho court, could b affected If th
plea of illegel arrest were raised, ar th
majority of th Suburban railroad Iran
ohls boodle Conviction.
tatnt ot Limitations Expired.
It waa stated by a well known lawyer
today that th statut of limitations In
these cases expired last November and
that it the present charges against the ac
cused men ahould be found defective, It
would b Impossible to bring new Indict
ment against them.
All ot the cases are before the supreme
court on appeal and the records show that
each case was tried on Information fur
nlshed by the circuit atorney on hla offi
cial oath. They follow:
Charles V Kellv. fnrmor n,,k., nt ,
house of delegates, convicted of nerlurv In
connection with the Suburban franchise
boodle deal, sentenced to two years In the
penitentiary.
jonn m. Bcunettler. bribery. Suburban
franchise, four years.
four years.
Jere J. Hannlsan. bribery. Ruhnrhan
irancnise, nve years.
John A. Rherlri&n hHKrv BuKiiehsn
irancnise, nve years.
T. fc-dward Albright, bribery, Suburban
irancnise, nve years.
Charles A. Gutke, bribery, Suburban
franchise, flv year.
Edmund Bersch. bribery. Suburban fran
chlfe, flv yeara.
franchise, tlv years.
unaries j. Denny, bribery. Suburban
Louis Becker, perjury, Suburban (ran.
I n I , . . . , .. ...... . .
UIVOTUKHUIIM, 1UUT ItHIl,
i rrancnise investigation, tnree years.
Mr. Folk notified Judge McDonald of th
criminal division of th circuit court and
I Lvi.i.
Jury room, ther to giv Information upon
baa Indictment to take th
plica ot th Invalid Informations.
Tho Informations against John J. Ryan,
charged with grand larceny, was on of
thoeo affected. This case, which waa called
for Monday, will hav to go over to th
next term. Eight larceny, burglary and
assault cases. wer. similarly .treated. -' '-
"' 1 1 A . 1 - ' ' '"''"
After Porter's Antlseptlo Healing Oil Is ap
plied. Relieves pain Instantly and heals al
th same tlm. For man or beast. Price, tfa
BOY LOSES LEG UNDER CARS
Member Is Amnntated, bnt Attending
, Snrgeoas nave Donhts ot
Recovery,
BLAIR, Neb.. Pec. 14.-(Speclal Tele
gram.) At 4:30 this afternoon aa the south'
bound way freight No. 15 on th Chicago,
Bt, Paul, Mlnneapolla ft Omaha railway
was leaving the station at DeSoto,. flv
mile south of Blair, G! fiord, th 13-year-old
son of Mr. and Mrs.' Freeman Tucker, ran
out from behind the water tank and triad
to jump on th train When he clipped under
the wheels, which ran over th entlr longth
of his right leg, cutting off the -toe and1
part of the foot of hla left leg. Doctors
Bcdal, Stewart, Palmer and Robinson war
called by 'phone from Blair and amputated
tho rlcht leg at o'clock tonight, taking It
I off close up to (he body In company with
other children th boy waa returning hom
from school and .topped at th stat.on until
th train passed. Ill recovery is doubtful,
I as h is thought to b injured Internally.
Accident May Basalt Fatally.
LEIGH. Nb De. 14. (Special.) An ac
cident occurred her which may terminal
In the courts.. Jacob Jundt, a prosperous
farmer, .was In town all, day and together
with a neighbor, drank, freely. About 10:30
In the evening Jundt started hom. About
11:30 bis team was found on th outskirts
of town with only th .running gear of
the wagon and no driver. Searching parties
wer at one started out and It was not
until I o'clock th next day that h was
found, and that waa about a mil on th
opposite side of town from wher b lived.
Tracks In th snow showed that he had
driven several miles be for he was thrown
IhSsiMa'cta
Liebig Company's
great grazing farms In TJra
guay oover 1,100 square
mil eg, -where 115,000 cattle
fatten. It la by far the lar
gest company in the world
maldsg oOnoentrateJ beef
fcd only, and the principal
product of this immense
factory la tbe world known
blue signature brand.
- Liebig Company's
Extract of Beef
rwcvylssar Prt,Sft,Wklt Sklg
' aa a utami vfsya
anas
taut alua It inaares.
t7V Soli by roMlata.
ratawata, gl nar a&la, axswoa pat a.
kBMyai so cants, ay nau,
s nacfkaaa, , itw a naaa.
THE DERMA-BOY Al E CO.. Cavciall, a
CBALH I S CIT PRICE BKIG STPEE,
Chuaha, Hot., and KoutA Omaha, timbt.
C7i
X Ji - nnm gual aailTtfr. W
" ar t i Mi.ii nj i1. ii ,i i ig
t BtaclLaaoa. Fra.
I J .r naaTaa. Vmi Ha
I -Sf - L.,a-kuf al ! a fa.
out or upset. Th weather was very
cold, the thermometer registered within
few degrees of sero. Mr. Jundt was'
sitting In the middle of the road In an un
conscious condition, but ho part of his
body was fro sen. He is still in an un
conscious condition and the attending phy
sician say that he Is suffering from con
cussion of the brain. It Is reported that
hla chances for recovery are poor. Ther
Is talk of action against th saloonkeepers
who sold him th liquor.
Presort bed by eminent physician tot over
work, ovr-neltment and nervousness. Pro-
aonneed absolutely par by leading chemist
of America and Europe. .
Delicious. Harmless, Inviforatinf.
CARE of the teeth, and neglec
your pores, the myriad mouths
of your skin? HAND SA-
POLIO does not gloss them
over, or chemically dissolve
heir health-giving oils, yet clears
hem thoroughly, by a method
of its own. '
A n ooetrarf U a Jog tor$tr.
DI.T. FELIX 0UftAUD'S ORIENTAL
CILCX OK MAGICAL BEAUIlfiEt
Elist
lUnweas taa, yinslaa,
rratklaa, htMa PaUkaa,
Haas aa sua Di.
aaa, aa arary
hiaailak aa kasutjp.
aaa vrvry
aa kasutjp,
la Sausilsa. -Mw4
the ua
I -art .
as karmlaas
aaa aaaaa m
It fcaa ttoa
af attj-ar
an la mm
- Ust M
mm tt Is sraaariy
Baasa. Aoapt a
Matartalt ml slnU
ar BaaM. Dr.- L
A. jrm ml a
lair at tba aaal.
taa (a satlaatl:
"As T taiist
will saa Una. I
aaoaanaaa '-dOUAAOD'S caBAIT' as tb Ian
aanafal at all tha akla sraparatlana rr bm ar
ail aracrlaU aa taaay fmm teaim la ths BsMai
uaat aa , ,
mcai. bopkins, rvwn.
Jmp8naiH2irK8genEiaior
. . ne Btanaara nair toionni
for Gray or Blearhe Hair, ! a clean,
nnralila and perteirtlir banulMi Hair
Oolnrlnc. An natural sliaria. ImtIus
kalr beantimL elaao anil gloaar. ONO .
APPI.U ATIflN LASTS klf)VTH8. .
aampl of hair ealorM free, privacy
saanred; 8ud fur Farophlet, i
Sherman it McConnell Drug Co., Omaha.'
The CHRISTMAS
iUU M. A V A Ll a. 1 U
U0 Pare!
of Text 33 la olor ;fl;.i
Snort Stories, '
ITA1TDS.' riIC IS Ctt ) '
00 Illustrations
Alt, TrtW-tTAWT
Charges LessThsn all Others
DR. McCREW,
SPECIALIST
Treats all farms af Dlsnaaes of
MEM ONLY.
Twfnty-cigtit years' experience
Elgbteeo )tm la Onttb
Th doctor's reraarkabU success has
naver been equaled. His resources and
facilities for treating this class ot diseases
a re unlimited and every day brings many
nattering reports ot tha gooa A is. oolng,
or the relief he has given. . ,
HOT SPRINGS llttATMENT FOR
Ail Blood rnlsons. No "BHEAKINO OlT- J
en th akin ot ac and alt external eigna
Of th dinette ulanppaiir at onoa. A ir '
manent cur for life guaranteed. ,' , .
VADimrflF Cures guaranteed In
I ram vwa-a-a.
I-F.sa THAN I DATS.
IVFAD Ifl flftnc,,e" tuM4 of Hydrocele, -I'LtH
JVfVUV stricture, .Oleet, Nervous ,
Debility, Loss ef Strength and Vitality
and all forms ot chronic dlaeaaai.
Treatment by mall. Call or writ. Bog "
tM. (linna 211 Rnnth 1h mt nnihi
AHl'IBslCaiTB.
BOYD'S ""uW"""
Tonight, Wedaasdar matin nad .
Alslbt . .
The Hills
frank mm
And a Ig Suppoctlng;
Cumpany, t ;
Bargain stad Wed.
ANT SAT. 8Sc.
Night prions, au--75d.
r: of -
California
Thursday night. ADKf-AHB THURSTON
ta "POLO-T i'KIklROBK.".,
TUXHPHOSK i
Every Night. Matinee Thursday, Satur
' day and Sunday. -
MODKRN VAlltttlMK.
Howard Thurston. Jack Thao Trio, rraw
ford Manning, Mr. and Mrs. Mark Mur
piy, Foster Foater. Flcher 4k Wacher,
Leave' Marionettes - and tit Klnndrom.
. fKlCUB, lt, 160, 60.
Hat:
wed.
TONIGHT AT M
flowayrd Hall, In
Ui MAN WHO DARED
25C
Thursday Nlghtr.rua GAtEICV'-PER.'
atCSUHTa.
tlOT SPRINGS; ARKANSAS.
ttaalta. gacraatiaa a4 riaaaiirt tl,T Buuaiet.
1 ri a rmmw nw e. a.. ' nin wiww
American and turopean yiaa. -
Finest tatta and Cirtll Kooms west off. T.
Marble lialh House. Complete Clymnastuiud
Open Pec. 1st to May IWh.
. 3. A. HAtiJ Lmmm an MiMftr.
1. C. WALK tit, Aasoctal Uaiug.
fwm-r .".ft
v f
.11
i''
a iiiiiinaiii mn ' a mil maimi n
"A