TIIE OMAHA DAILY DEE: FRIDAY, DECEMBER 23. 1904. TEST OF OUARASTISE LAWS Judg Muiger Benders Decision Agaiirt Actitn of Dtptrtmeit of Agriculture. LATTER ADDED TO RULE OF CONGRESS Cstttesnaa Whs Stria) stark from f oBflrmnvd nistrlet lato Jrkraika. Judge Munger yesterday Instructed ths Jury In the cas of the I" n I ted States against Ales Jloover, charged with violating- th quarantine laws, to-bring In a verdict of not guilty. i The case bas be-n on trial for four days and possesses a number of peculiar features bearing upon the legal construe tlon cf quarantine regulations. The de fendant, Alex lfoover, is a ranchman and stockman living at Oordon, Sheridan county. In December last he drove a bunco of horses from the line Ridge Indian reservation, 8. D., Into Holt county, Ne braska. The animals yere driven from a district that was under quarantine an J the matter coming to the attention of the Agricultural department, an Inspection was ordered by the bureau of animal Industry and it was reported by the Inspecting offi cer that one of the anlmU was infected with to disease for which the South Dakota district waa quaraptlned and the animal was ordered killed. Hoover waa arrested at the Instance of the Agricultural department for violation of. ths quarantine rules, and the present trial was the result. The attorneys for the defendant, A. W. J e (Teiis and F. 8. Howell, offered no evi dence for the defense, but Instead submitted a motion to the court Wednesday to quash the indictment and that the court Instruct the jury to bring In a verdict of not guilty I.earal Folat lavolved. The legal point Involved in tne motion to quash was that the defendant had been charged In the complaint with violating tho rules and regulations of the Agricul tural department In taking a well mare and colt from South Dakota Into Holt county, Nebraska, without having the ani mals inspetced by a government Inspector, starting the. animals from a quarantined district Into a district not quarantined. Congress haa made It an offense against the general quarantine laws In taking diseased horses from one state into another. To tola law the Agricultural department has added a number of rules exceeding the authority of congress. The defendants at tack these rules as In violation of statutory law and on the further ground that an ad ministrative department cannot create a crime by arty rule of execution Inconsistent with the act of congress creating that law. Judge Munger sustained the position of the defendant's attorneys and further held that congress could not delegate its powers to any administrative department. The rule Issued by the secretary of agriculture waa broad enough to cover this case In the form and effect of law and upon this point Judge Munger holds that even the statutes cannot be so construed as to give any rules the full force and effect of a law Incon sistent with that law Itself. . Judge Munger announced that on ac count of the Importance of the questions Involved he would submit his decl-lon In writing at some later day. E. W. NASH MAY QUIT OFFICE Reported He Will Reslara aa Head ef Smeltlagr Trust and fur rtedMsrphr, E. W. Nash, president of, the American Smelting and Refining company, 'the so called; smelting trust. Is in the city, and It la raid, will return with his family to Omaha, resuming his permanent residence at SSM Burt street,; because of his reported Intention of resigning his position as head of the trust, whose general offices are In New York, where Mr. Nash has been making his headquarters. Speculating upon Mr. Nash's future course, prominent men In Omaha have said It la possible he may become president of the Omaha 4 Council Bluffs Street Ra'lway company, succeeding the late rank Murphy. Mr. Nash Is a heavy owner of stock and one of the directors of this corporation. Three other men have been mentioned as Mr. Murphy's successor: Ourdon W. Wattles, president of the Union National bank and director In the street railway company; W. V. Morse, for years vice president .of the company, and W. A. Smith, Its general manager. Definite In formation on this point Is being withheld until the annual meeting of the board of directors, when It Is proposed to make the selection of president. I FLOOR SPACE GOES RAPIDLY Aresa Stands at Auditorium for Im ' plement Dealers Convention . Kearly All Taken. Nearly all of the Auditorium arena floor space has been assigned to those who will exhibit at the Nebraska and Western Iowa Retail Implement Dealers' convention Jan uary 10, II and 12. The dealers will hold their sessions on the stage, while the manu facturers will display their Implements and vehicles on the floor. Representations will be made from factories at Racine, Detroit, liatavla, Indianapolis and other places. A committee of Auditorium officials Is now considering the matter of stage im This your head to . . .. i , . - I.Vs.'' J: . . fWf. " "7.1'.'. "Stwtei,.. r, rf.s ..Srrl Then there's no use trying. It's too late! Noth ing in the world can make hair grow, on a bald scalp that has been smooth and shiny for years. R lata t M- nca - ....... "... I Or is this yours to the right? Good. Only look out for dandruff! It leasts straight to baldness. But there's use trying how; for Ayer's Hair Vigor cures dandruff, keeps the scalp clean and healthy, and checks fallinghair. . - " : . Hate y te . O. kr Oe.. level. Mass, . . AIM si say ft Carers ef ATTU's sMaMtrn.A-For tee hlaoa. T' HLlt-FW ees.risetl. . sTaK'S Casssf ffcClOsa-sec Swiss. Ataii'd SWUM CUa- sialana asd ag t provement, with the expectations of having curtains, dressing rooms and scenery rig ging Installed before the engagement rf the Conretd Opera company, which has a chorus of 20O. CARD PASSES ARE ALL TO GO reipts Books Will Re Generally Vsed Instead fey Street Rail, vrsy Comneay. December SI will see the last of the card pass on the street railway lines of Omaha This Information Is given out from the gen eral offices of the company. This means the system of coupon books which has been on trial during 1904 has proved more satis factory than the card passes and for this reason ths latter will be dropped entirely. The last of 1903 the company had abont "00 card passes out and when the coupon books were Introduced something over half of the cards were called in and the books given In place of them. Now the remaining cards will be called In. This, according to Gen eral Manager Smith, will even Include di rectors of the company. Omaha waa about thn Inst city to give' up the card passes. The books are thought to be more fair to the conductors, as they do away with mis understandings and suspicions arising from the use of the numbered pass. LITTLE GIRL OF MANY WANTS Cklld Reminds ( Clans of Some Things She peslres la Her Stocking. Lulu Mae Lee of 122-3 South Thirty-' fourth street haa died her petition to the Postofflce Santa Claus for a bottle of Ink and other Christmas things. She says: I want some dolls and some games that are good for grown folks and children to piny, and book and pictures and candy and, worst of all, some furs and a Christ mas tree, of course, and a bottle of Ink. Lowest Holiday Rales Via "The North, western Line" To all system points in Iowa. Illinois, Wis consin, Michigan, Minnesota, the Dakotas, Nebraska and Wyoming. Round trip rate one and one-third fare east of Missouri river and to points on C, St. p., M. & O. In Nebraska and one fare plus SO cents west, on sale Dec. 24. 26, 26, 81, Jan. 1 and I Oood until Jan. 4. City Offices, 1401-1403 Farnam St., Union Station, Webster Street Station. Important Chanare of Time By Rock Island system effective Sunday, December 28, 1904, on and after which date train now leaving Omaha eastbound at 12:01, noon, dally except Sunday, will leave at 11:15 a. m., except Sunday, and train now leaving Omaha westbound at 6:15 p. m., dally, will leave at 4:15 p. m. dally. T. P. RUTHERFORD. D. P. A. Furniture for gifts come, let's show you we want you to look; costs you nothing un less you buy. Orchard & WUhelm Carpet Co. . - Through Sleeper From Kansas City to Hot Springs, Ark., without change via Missouri Paclflo and Iron Mountain route. Leaving Kansas City at noon, arriving In the Springs next morn ing. For full Information address any agent of the company or city offices, south east corner 15th and Farnam sts., Omaha, Neb. . THOS. F. OODFRET, Passenger and Ticket Agent. Holiday Low Rates. To accommodate holiday travelers the Union Pacific has placed In effect a rate of one fare plua 60 cents for the round trip. Dates of sale December 24, 26, 26, 31 and January 1 and Z, with final return limit January 4. Inquire of City Ticket Office, 1324 Farnam street. 'Phone 316. , , I ... I Hill ,T Give useful presents. Nothing better to give than a pretty piece of furniture, no matter whether for parents, brother, sister, lady or gentleman friend. You'll find suita ble ones at Orchard & WUhelm Carpet Co. Matoale Funeral. Members of Capitol lodge No. S, A. F. Sc A. M., are requested to assemble at Masonlo hall, Friday afternoon at 3 o'clock to at tend the funeral of Brother Henry K Smith. Members of sister . lodges and sojourning Master Masons are also Invited to attend. RAYMOND V. COLE. Master. Grand Ball to be given by Yah-Nun-Dah Sis tribe No. 3, I. O. R. M., and Alfaretta council No. 3, D. of P., tomorrow evening. December 23, 1904, at Crelghton hall. Union orchestra. Tickets, 26 cents each. Oriental Rugs make elegant and lasting gifts. Special sale now. Orchard & Wil- helm Carpet Co. Marrtace Licenses.. These marriage licenses were issued In the twenty-four hours ending at noon De cember 23: Name and Residence. - Asre. Karl W'llHon, Omaha 24 Ida May Reynolds, Omaha , 26 Joseph Kawttl. Wllber. Neb 21 Mary Charval, South Omaha IS Relnhold Peterson, Arlington. S. D 27 Mattie Anderson, Arlington, S. D. ......... 33 18-K. Wedding Rings. Edliolm, Jeweler. Stonecypher prints. 1307 Howard. Tel. 1316. DIED. SMITH Henry Kirk., December 21, 1904. aged 76 years, 3 months, 29 days. Funeral from the parlors of Cole-McKay comimnv to Masonic hull. Friday. Decem ber 23, at 3:30 p. m. Interment Forest. Lawn cemetnry. Jrrlends Invited. HINES William, aged 27 years. Funeral will be held from family home at 8fiJ0 Dodge street, at 2:30 o'clock p. m.. Fri day. December 33. Interment at Forest Lawn cemetery. Friends Invited. the left? trvlnri nnwl DESNISON SUES DAILY NEWS Aiki Fifty Thousand Dtllars Damages at Saaalt tf fuulicatioi. CASE FILED IN THE DISTRICT COURT Action Arises front I'aper's Prlatlaa; Speech ot Eisner E. Thomas at Aadltorlam and Other Aeenaatlens. Thomas Dennlson, through his attorney, W. J. Connell, yesterday morning filed com plaint In district court of Douglas county in' a suit for criminal libel against the Omaha Daily News Publishing company. In which the sum of $60,000 is asked as dam ages. The specific article complained of pur ported to be part of a speech delivered by Elmer E. Thomas on the evening of No vember 25. The portion of the speech complained of Is to the effect that when Mr. Thomas began his fight as attorney for the Clvlo Federation he saw a man standing across the path of good govern ment In this city; and It is alleged that Thpmas thereby referred to Dennlson. It was considered necessary, the speech con tinued, that this man should be driven out of Omaha, and because of the fight made against said man by him (Thomas) his family had been placed In danger of their lives. The allegation is made In the com plaint that Thomas meant by such lan guage to spread the impression that thj plaintiff, Dennlson, had placed or caused to be placed on the porch of Thomas a bomb for the purpose of destroying him and placing the lives of his family In jeopardy. That Metcalfe Incident. Another portion of the speech set forth as libelous Is to the effect that when one Richard L. Metcalfe Is said to have op posed the selection of a certain man for chief of police Dennlson had hired a slug ger to dog the footsteps of Metcalfe, and that when the latter went out with his family at night the "desperado or slugger" followed him for the purpose of Intimi dating his wife and family as well as him self. Further, It is alleged that In his purported speecfi Thomas asserted that the plaintiff, Dennlson, had a few years ago offered to one Al Oreen, now a convict In the Missouri state prison, the sum of $5,000 to kill one Walter Moise, a saloon keeper who had offended him. Then that portion of the Thomas speech alluding to Frank Bhercllff is set forth, wherein it was al leged aa true by Thomas that Shercllff had said he was offered $3,000 to dynamite the house of one Oeorge W. Shields, for mer county attorney. The complaint takes up the Implied charge made by Thomas that the plaintiff either "threw the bomb, hired someone to throw It or knew who did throw it; also the allegation made by Thomas, and al leged as being Intended to designate Den nlson, that "He has educated and sent out more thieves than any man In the coun try. He has the reputation among great detective agencies of being one of the greatest criminals In the United States." What Dennlson Alleges. Dennlson alleges that he did not stand across the path of good government In the city of Omaha; that it was not at any time necessary that plaintiff should be driven out of the city; that It was not because of any fight made by Thomas that his family had been placed in Jeopardy of their lives; that It was not true that the plaintiff had ever hired a slugger to dog the footsteps of Richard L. Metcalfe; nor was It true that any thug hired by plaintiff or with his knowledge ever . followed Metcalfe; that It was not .true, , or. a fact that plaintiff ever offered to Al Green or to any other convict In the penitentiaries of Iowa or Missouri any sum whatever to kill Walter Moise or to dynamite the home of Attorney Shields. In fact Dennlson declares all statements made In this article are therefore abso lutely untrue and that her has been la jured and damaged In the sum of $30,000, for which sum he prays judgment from the court.". FIGHT OVER THE LAST WORD Hnsbsnd and Wife Wind tp Their Broil Behind the Prison Bars. Because both wanted: the last word In an argument over the best way to make doughnuts, Mike and Mary McGraw, hus band and wife, fought a two-round en gagement near their residence at Thir teenth and Jackson streets. The couple was arrested by Officer Johnson on the charge of disturbing the peace by fighting. Mrs. McGraw was sentenced to thirty days and her husband received fifteen days. It Is said the McGraws were going it so fast and furious when arrested that Steve Moore, a blacksmith, was aroused from his slumber. THOMAS FILES NEW CHARGES Sabmlta Complaints Against Throe Saloons Which He Bays Vio lated Blocamb Law. Elmer E. Thomas has filed a. batch of new complaints against saloons, asking in behalf of himself and the Clvlo Federation that licenses be not Issued for the next year because each place has violated the Slocumb law during the present year. The establishments he . wants closed include Mickey Mullen's theater, Billy Maloney'i theater and Jerry Tuthill's Tuxedo," be hind the old postofflce building. Bee Want Ads Produce Results. PERSONAL PARAGRAPHS William B. Miller of Racine (Wis.) college Is home for a holiday visit with his parents. Mr. and Mrs. Rome Miller. Mrs. Dr. O. S. Wood haa srone to the western part of the state to visit her son. She may remain absent for several weeks. K. woolley and E. T. Barrett, Salt T.bWa- e T u ... . n' i. .. .. i i i . -" WW, ajiuium , ' i unit tutu C. O. Wantland. Denver:. R. W. Kmlrh Spokane ,and George E. Lane, Milford, Utah, are at the Her Grand. G. W. Palmer. Oakland; Mr. and Mrs. P. J. Nichols, Denver; O. M. Stonebraker, Lin coln: U. M. Bxltton and Art Henrv. P- cott. Arts., and Mr. and Mrs. J. F. O Rourke of Arlington are at the Millard. Miss Fay Twamley, daughter of Mr. ar.d Mrs. J. F. Twamley, returns today for ner iiinsunas vuvaiion irum iauoiuu fark seminary al Forest Bend, Md. E. C. Twamley. her brother, went on to Chlcavn to meet her. R. P. Fales of the Chlcajro Live fltnek Reporter waa a vlxitor at South Omaha this morning. While going through the stock yards he slipped and fell, twisting his ankle so badly that the ioint u dislocated. He was compelled te take to crutches. H. B. Hunker and C. H. Jnhninn nf Chev. enue; O. V. P. Stout, Lincoln; Mr. and Mrs. M. J. O'Connor and John ri'Oinnoj-. Kj-n N. D.; J. J. Back and W. C. Bradbury, Denver; G. D. Butterrteld, Norfolk; Mr. and Mra J. C. Brennan, Grant, Mont., and 8. A. Hardee. RiuthviUe, are at the Paxton. Tnonius Lewis, a colored bootblack at the Northwestern hotel, on trial before Judge Hunger in the I'nlted Slate dis trict court yesterday on the charge of Srocurtng a quart of whisky for Mil In ian during the session of the irrand iurv in this city last month, was found fullty. The jury brouiit u the verdict at o'clock. C. A. Kills, Elk City. Okl.; N. Vlles, Ly ons: l.OUUM DaVlS and 11 llurhM i'f.lllm. bus; Mrs. W. D. Glflen, Gothenburg; M. P. Keefe. Cheyenne: Mr. and M rm a m Ujth. eney and Mra E. Matheney, Wayne; 8. 1L JufiM, Wahoo; B. F. Kinguley, Hastings: J Conway, o&ment: V. Hi Umi, mj,d Mr. aiid-Mra. C. W. Owens, Durluaneld, are X the Jasrubaufaa, SIZE DOES N0T SAVE THIEF Physical Giant Who Robs Preacher Gets Fonr Years In the Penltentlsry. As Oeorge Williams stood up beor Jndge Day to be sentenced on his plea of guilty to the charge of burglary his eyes were on a level with those of the Judge on his rostrum. He was sentenced to four years In the state penitentiary, and In giv ing him this term the court said It Is the lightest he has been in the habit of giving for the crime of housebreaking. On the night of December n Williams entered the home of Rev. Christian Arm bruster while the family was absent at church and stole a lady's gold watch and $11 In money. He Is the tallest man ever sentenced In a Douglas county court, being six feet and seven Inches In height. ENDLESS CHAIN FOR FUNDS Xovet Scheme Proposed to Postmaster Palmer by Virginian Who Seeds the Money. T. V. Borden of 8henandoah county, lr glnla, has written Postmaster Palmer dele gating him as his special agent to start an endless chain of nickels toward the Borden coffers. Mr. Borden says In his letter: I am so disabled so that I cannot wnrk I need physical treatment and have not the means to taae tnat treatment. I pee no other way li the world to, get the hionev but to ask you whether you would be kind enough to give me a nickel or 6 cents in stamps and get two of your friends to give me 6 cents each, and they to get two of their friends to do the same, and so on. Please do not lay this aside. Toys for the little ones, minxes and mas ters. We're headquarters. Come see them and the toboggan slide mechanical toy win dow. Orchard & WUhelm Carpet Co. LOCAL BREVITIES S. Guttman of 107 North Twelfth street has reported the loss of twenty-five books, a bUKKV cushion and a aullt. which arti cles, Mr. Guttman advises, were token by uurgiaxs. . . . Rev. Charles W. Snvldtre officiated Wednesday at tbf following marriages at his own residence on Twenty-fourth and Maple streets: Marcus F. Wood and Mies Mamie Larson; Harvey S. Bchaulls and Miss Cecil M. Perkins; John Hatzfeld and MIhs Bertha Vogel. The Brotherhood of Railway Trainmen. Belt Line lodae No. 5K9. will Kive a hail Fri day night at the Auditorium. This Is the first railroad organization to give a ball In the Auditorium. The lodge Is composed of Missouri Pacific and Chicago, . St, Paul, Minneapolis & Omaha trainmen. Leroy Austin was arretted this afternoon for running automobile No. 66 at a greater rate of speed tlutn the law allows, which is eight miles an hour or less In the busi ness district. Austin Is the man who frightened horses Wednesday morning nt Fortieth and Cuming streets and caused considerable injury to C. Paulson, driver of the team. E. D. Ware, who was un to the time of his arrest a clerk at the Mayden Bro. store, has been arraigned in police court on the charge of petit larceny. He was fined $4 and costs. Ware was charged with holding out small amounts of money re ceived for sales. A trap was set for him and it Is said a marked coin was found In Ware's pockets. Walk-Over Selling Men's Slippers In all the new leathers, $i.50, $2.00 and, $2.50 Opera, Faust, Nullifier, Solace and all the other patterns that are popular with men. tvery pair is new, this fail's purchase. WALK-OVER SHOE S10RE, 1521 Farnam Street. Jewelry on CREDIT OMAHA CLOTHING COMPANY 1316 FARNAM ST. All tha bast Makes such as Elgin, Waltham and Hampden move ments. ..$1.00 A WEEK.. FOR A FINE LADIES' OR QBNTLBnENS WATCH CALL AINU SEE US. CLOTHING, SHOES AND HATS ...O N CREDI T... EASY TERMS TO ALL .Fifteenth and Farnam Boys' Suits aid Overcoats Great Reduction of Prices For the remainder of this week we have Inatif urated a treat reduction sale of Boys' Suits and Overcoa(s Most clothing; stores will reduce prices In January or February, when It's too late to make new purchases of winter clothing but these reductions come now when you can purchase them as Christmas presents for the boys for they are certainly most dsslrable an! practlcl as gifts. Observe the following reductions then come early andmake your selections ......... $6.00 Boys 51 ies 4 Suits made of the very finest (positively none hotter made) Swtch che- Tlots and cassimeres, t.h finest of workmanship, the finest of trimmings and the best of stylos, that sold tip to $6 all small lots beginning tomorrow, on sale for. . . $4.00 Boys' Sizes 4 Suits marie of high jrrnde strictly seams reinforced an.l double stitched, guaranteed never to rip fit perfectly sold lip to f 4 all small lots begin ning tomorrow and as long as they last for $5.00 Boys' Overcoats for $3.50 Sizes 7 to 16 Years. Overcoats made, of hlph grade cheviots. In pin in gray, olive or fancy Scotch patterns, the new long, munnish cut, WITH OU T i WITHOUT BKI.T well mnoV, trimmed throughout, J f If fit guaranteed, made to sell for f5.tx tomorrow.. $4.00 Boys Overcoats for $2.50 Sizes 7 to 16 Years. Made of plain Oxford gray, olive or blue cheviots, plain loose, long cot made expressly for durability mnde to sell for four fA dollars begining today Sl'rXJI A L Z.TW BEFORE YOU BUY YOUR PIANO SEE THE Gecilian Self Playing Piano Played by hand or music roll. This is certainly the piano of the future. No one will be so foolish as to buy a piano without a player built in it hereafter. It would be incomplete. It costs no more than the ordinary piano of equal high grade. PiiMYO Players and Music. Ceciliixn, LyraphoiYe AND Simplex $175 to $250 A few slightly used Play ers of various makes $50 to $175 Music at half price. We conduct a music li brary for nearly all makes of Piano Players. Piano Players for rent. OPEN EVENINGS . We expected to be at our new location, Harney and 16th Sts., before this. Now we do not expect to get there before January 1. Therefore we welcome you to our old parlors, Arlington Block, 1511-13 Dodge St. HOLIDAY LOW RATES To accomodate holi day travel a rate of one fare plus 50 cents ' for the round trip has been placed in effect . by the union pacific Dates of sale,-December 24, 25, 26, 31 and January 1 and 2, with final return limit January 4. Inquire of CITY TICKET OFFICE 1324 Farnam St. Phone 316 1 i mm o. FOR TUK BEST THE TWENTIETH CENTURY ' , FARMER. O.MS DOLLAR PKR TEAR. WitAe-M! Suits for $3.00 to 16 Years. 3.00 Suits for $2.00 to 16 Years. nil wool cheviots and cassl meres all 2.00 LB5A(M ) (( ) IB5 TO THE TOW WE ARE SELLING COIL Rock Springs fep $7.40 llanna, moprNu SG.90 Pennsylvania Anthracite . . . SI1.00 Arkansas Anthracite .88.50 ALSO HAVE ALL THE CHEAPER GRADES 192 IZARD ST. Delicate as a dewdrop A perfect confection OCC Ghocolaiea Have Soft and Creamy Centers. Dslicious Flavor. Dainty Boxes. Packed and tealed in our ipotUts candy factor. Soli Everywhere In 10c, 30c and 60c Boxes. Omaha Candy Go. C3 SSSBBSSSSBslBIB From 50c to $30.00 B1SH ART -Mm TIES HP PL AIM WOOD HAHDLES, MADE UP R16HT. ED. F. PICKERING, IO South lath Street. U rr to this location. L Chiropractic Cure AH Ainrftses cured by spine trtat. ment dune by hand. Cures Asthma, Kheumuii.ni. Kidney Truublt-s, , Mrlclit's lilsease, Bt. Vitas' Lsnce, Flu, Headacbs, Neuralgia, Iock Jaw and other ailments, too numer ous to mention. . - 2509 Q St.. So. Omaha OOtoa hours, I o 11 and I to p. nt. Fifieantl) and Farnam rEUZSf09.7S Piles Cured WITHOUT AN OPERATION A written guarantee given in every cats treated by UK. MAXWELL. I Bee bldg., Omaha. For Menstrual Suppreislon.. ZZrZZX itelN-TAN-GOT old U Usui br Drm s McCeaa.U Unit Co. IteU m4ms aita. TraSa . ..IMS U s best I huiat is I- . TWENTIETH CENTURY FARMER mmwA I i.y-i'f ''V Uhv. ajT.jl Only Ob Do lias Tee.