THE ni:K: OMAHA, TlT.sDAY. MAIM II :Jo.
mycr unci Dr. Jump rtobhlns. the latter
to tak th place of F. U Cook, who m
lerted a county treasurer last fait, and
the former renominated for another term.
The cltlsens' party la a temperance or
ionization. Tha wet find It a hopeless
Job to get a aaloon In thla place, aa the,
founder of the city, WBldo Lyon, had a
clause Inserted In the deeds prohibiting
the establishment of saloons under pen
ally of the land reverting bark to the
heir. Thia clause was tested In the
court a few year alto with the scsult
that the lot on which the aaloon waa lo
cated went back to the helra of th
founder of the town.
BRIEF IS FIELD IN
HARVESTER CASE
Government Contends Monopoly is
Real in Spite of Contention that
It Behaved Self.
VIOLATION OF LAW IS CLEAR
125 PERISH WHEN
SUBMARINE SINKS
THE LINER FALABA
(Continued from rage One.)
explosion t'oliosel. Tl
clown end sink qrlckly.
WASHINGTON, March 29. The
government's brief in the anil-trust
suit to dissolve the International
Harvester company was filed today
In the supreme court. It Is largely
directed toward combating the argu
ments advanced in the company's
brief filed in support of its appeal
after the district cmirt tor Minnesota
had declared It a combination in re
straint of trade and ordered Its disso
lution. "If the defendant's urpumonts provull."
says the government brief. "If tlic cor
porate combinations, he wrver rompre- j
hensivc, do not come within the ,Hiilew j
of the act unless and only fo far .1 they
demonstrably abuse net:- power tho in
evitable result will bo tho renewal of
that great rush toward concentration
which proceeded with ever accelerating
rapidity until checked by the decision
of thla court In the Northern sccli ities
case.
Mraii Taking; Off the t.ld.
"If makers of harvesting machinery
may unite as here, wny not makers of
every other species of machinery do like
wise? And why may not all these lesser
combinations be Integrated Into ono
super-combination of all the metal work
ing Industries?
"What would prevent Indeed the crea
tion of combinations with power to con
trol the markets for every necessary of
nfe food, coal, oil, metal. textile,
fabrics, etc. or alliances between all
these combinations under the control of
few great masters of industry?
"Tha desire for promoters' profits, the
desire to escape from the pressure of
competition, the natural gravitation of
power Into the hands of the powerful,
and the desire of more power which
rmt nower engenders these motives
would atlll be adequate to produce such
rntratlon. even assuming that
prices, etc., would be rigidly controlled.
"Th anti-trust act the work of per
hapa the ablest Judiciary committee that
ever sat In either brjnch of congress. Is
the deliberate efforts of conservative,
clear-thinking men to place some reason
able check upon that liberty of combina
tion, which. If permitted to the logical
extreme, would in the end imperil lib
erty Itself.
Coatroveray fa Fundamental,
"Th mntroverar In this case, there
fore. Is f undaraental. The question is,
Shall the 'competitive system continue
shall 'competition. - not combination,
the law of trader "
The brief aays that the defendants
claim that while , one-time competltora
controlling from 80 to 85 per cent of the
trade in the United States In harvesting
machines were combined In substantially
the manner which the government con
tends, the object was- not restraint of
trade, but to promote foreign trade and
10 establish domestic trade on a more
economical basis. Upon these statements
the government 'says, and unpn its good
conduct the' "wholor defense rests. '
The last contention, that the ens must
fall because ; the - combination has not in
creased prices or limited production, or
degraded ; the quality of productlpn, or
the price Of raw material, or oppresseu
competitors, the ' government declares, is
basei upon' construction of. the anti
trust act, which "loses sight of its broader
purpose and which would be utterly in
practicable In execution.
"It has already been shown, however,"
(ontmucd the brief, "that where, as here
the necessary effect of the combination
is unduly to restrain competitive condi
tions, tha purpose or Intention of the
oarties Is Immaterial. Therefore, were
the good Intentions claimed In this case
conceded, it would make no difference,
Hlllll "Cttleil
Some of t'.ie llf?
boats acre smashed, mid scores of people
woe struggling In the wal-'r when a
trawler reached the scene 11 nil rescued
1" of tli'm, transferring them Uter to
a destroyer. Another thirty-five were
pii ked up hy another tlshing boat. Three
of the persons rescued hail sustained In
juries bv ficrman shrapnel and some of
the engine room staff on the Faluba were
killed.
GEN. YONKLUCK
HIT BYJHRAPNEL
Commander Who Led Famou Ger
man Dash Into France Early in
the War Wounded.
RUSSIANS KNOCK
AT BACK DOOR OF
C0NSTATIN0PLE
(Continued from l'rtae 'One 1
Russia Sends New
Battleships to Join
tho Baltic Sea Fleet
were ncrlng completion at the besinnlng
of the war. It miiy al.'o Include another
division of lour capital ships, laid down
In 1!'L Hrltlsh tiavil experts snld they
would not Ih surprised to learn that
with the asHstancc of (he allies In mater
ial anil men, Itussia had been able to
complete tho dM-adnamhts. Four mount
twelve-Inch guns each. The second di
vision Is armed with nine fourteen-lnches
each.
FIGHTING ON WESTERN FRbNT i ,,; ,m,7,
LONpfN, March S -rtenf-r' cne-
In London are speculating hopefully on spnndrnt t ITtrograd telegraphs ti nt th
the reorganisation of the llntkan league; : liussinn fleet In the Haltlc nn been
but nevertheless It 1s felt that the visit relnforerd hy the addition of ir.odern "
of Held Marshal Yen lH-r fighting units. . """ Ir dominate Mate.
lecently st Constantinople, , This addition to the fleet is believed I LYONS. Neb.. March . (Ppt-rlal t The
i may hei k the reconciliation of this st,ate n London to consist of four dre.-iduaught , cltlsens' party nominated a ticket for
laid down In rtusstan yards In 1!", which village trustees as follows: W . f. New-
BERLIN, March 2?. (Py Mrc- j with its neighbors,
less to Sayville.l The report Of the l.rrmnn Traninria nk in Halt to.
progress of the flphtlng Issued from rKTiioc.n.i. March j9.-tvia London)
hMdmmrter. tndav relates among i s,' ere losses have been inflicted upon
v. -I- v j , v . . - , ' j
other things, that (ieneral Von I
the il. rni. m naval units In the Haltle
ea by the ltussinn. according to a seml-
! Kluck, the German rommnmSer w ho offl. l.il review of the operations there
rush into ' mad" public last night. Crimen suh-
The skinner of the fisher bont Eileen I led the famous German
Kmma, which participated in the rescue ; France in the early days of the w ar,
work, repcrted that no efforts were made
by the crew of the submarine to assist
the persons who were struggling in tho
wati r.
The Kllen Kmma sighted the submarin?
shortly nfter noon. Its skipper ssld. and
followed the craft for more than an hour, I
The Klder Dempster company, owner
Irrigation Suit
Under Advisement
IMPERIAL, Neb., March 29,-(Speclal.)
District court was in session In this
county last week and cleaned up the
docket in fine shape. There were, some
important cases tried, among which was
the water right suit brought by Kll
Patrick Bros, company of Beatrice, which
owna large ranch interests in this county,
against the Frenchman Valley Irrigation
Ditch company of Culbcrtson, which In
rolved the question of priority of water
rights' cn the Frenchman river. Quite
large number of witnesses were used and
large amount of the evidence was doeu
mentary, the Judge taking the matter un
der advisement, both parties to submit
briefs and the opinion ' will bo handed
down at tha June term of court held
here.
The special school bond election held In
Imperial Friday for the purpose of vot
ing $12,000 of bonds for the erection of a
new school house, was carried by a large
majority.
The farmers are busy hauling in wheat
and corn to the markets, and Imperial
haa the distinction of paying some of the
largest Individual checks for wheat and
corn of any town in the state, one for
tAtiOO, and many others ranging from
11, 5o to t:.M0.
has been slightly wounded by shrap
nel fire while inspecting advance po
ult long of hlg army. The condition
of the general Is described aa satis
factory. The tot of tl.e announcement follows:
"On tlic west front the day of yesterday
marines are sitlil to have suffered con
! aidcraoly while numlier of tianspoit
I loaded W illi supplies have been destroyed.
I Tho st.tlcment follows:
I "Marly in Sc tombcr the n llvlly of our
I fleet In tho southern Haltlc compelled
the. enemy to modify hl plan and con
j centrate his chief efforts upon opera
tions by submarines. Nineteen 'of these
uttHck weie made in two months, but
one wns successful. Enemy sub-
f the Klder line of steamers, of which j 1S,n rnlher quietly. Only in the At-1 onlv
he Fal.iba wa one. announced tonight , KO,. Bd tn Loraine were tTT. re minor ( marines snffei ed considerably,
hal appa'-eutly about 2' perrons hed engagements and these were successful; "Our operations cannot be
lost their lives by the sinklnt of the
cssel.
The l'alaha left Liverpool -in Saturday
for the west coast of Africa with lto pas
sengers and with a crew of 1 men. Its
officers state that when the Oerman
submarine appeared It whistled thrice as
signal for the steamer to prepare its
life boats, but that before this could bo
done a torpedo struck the ship near the
engine room.
Of Klder l.tne.
The Falaba was feet long, net ton-
r.age J.011. It belonged to the l-ader line,
was owned in Liverpool and was en
gaged In the African trade.
The railway packet City of Hrussclla.
ncountered a German submarine yester-ay.
The captain of the steamer Immediately
took the aggressive and fired on the sub
marine, which taken by surprise, started
to submerge. The captain turned his
steamer quickly in an effort to ram the
submarine and he believes he succeeded
in sinning It. His vessel was going six
teen knots at the time.
Ultra Steamship Rlonn I .
LONDON. March 29. A statement from
the British admiralty tonight says that
the Dutch steamer Amstcl has been blown
up by a mine.
The Amstel was a small steamer built
In 1906. It was 211 feet long. Its net ton
nage waa 4'.6.
FISHGUARD. Wales, March 29. Thir
teen members of the crew of the British
steamship Agulla, which was sunk by the
German submarine U-28 on Saturday
right, lost their lives. The survivors.
who arrived here today, say the Agulla
was sunk at a point fifty miles southeast
of The Smalls, a group of rocks on the
southeast coast of England.
The crew was given four minutes In
which to leave the ship, but survivors
say the steamer waa fired upon while the
men were getting into the boats. The
chief engineer and two others were killed
by shell fire and the lives of ten other
men were lost.
The captain of the submarine hailed
another ahlp and told its captain of the
sinking of the Aguila, The Otllle went to
the rescue. Captain Bannerman of the
Aguila said the submarine fired across
the bows of the steamer, but he speeded
up to fourteen knots to clear the under
sea vessel. .
Given Short Warning-.
The submarine was making eighteen
knots, however, and quickly overtook
them. The attempt of the Agulla to es
cape scented to arouse the anger of the
Germans, for they gave the crew and
passengers only four minutes to leave the
ship. But before th's the submarine
opened fire, which was kept up rapidly
while the crew was launching the boats,
killing the chief engineer and two of the
crew and wounding several others.
One member, of tha crew rescued said
that a boat in which were ten sailors, a
woman passenger and a stewardess was
fired on and the passenger was killed,
while the stewardess waa thrown Into the
water and drowned. Finally the boat cap
Ised and sank.
The captain of the Otllle, which picked
up the remaining boat, said the subma
rine was the U-2S, and apparently a new
craft.
for the Germans. General Von Kluck jvL
was slightly wounded by shrapnel wtuie
inspecting advanced isisitlous of his army;
his condition Is satlsfiictui y.
"Got man troops have stormed Tsui ok
gen across the Kusslsn frontier north
east of Tilsit and taken :Kt Russian prls-oners.
"A Russian attack on the railroad from
WirbHllon to Kovno, at a point near 111
wlszkl broke down.
"The Russians suffered heavy losses In
the Krasnopol district. More than l.MM
Russians were taken prisoners, among
them being a squadron of lancers with
their horses and five machine guns.
"A Russian attack on the northwest of
Clechanow was repulsed."
Kreneb Official Report.
PARIS. March 29. (By Wireless to
London) The French war office today
gave out a report on the fighting of yes
terday which reads:
"In the region of Ypres a German ob
servation post was blown up by the
French with a mine. At F.parges the
Germans attempted to regain the trenches
lost by them March 27. After a violent
struggle the French gains on the whole
were maintained. The Germans obtained
a footing in a few sections of their old
trenches, but on the other hand the
French mate progress nt other points."
be published
but the em my suffered heavy losses
1 -t: I .
'..Til
In fighting units and hs been seriously
Impeded in the operations along his own
coasts by the loss of a number of trans
ports with munitions."
Ts H. MATTERS IS
SENTENCED TO SIX
YEARS IN PRISON
(Continued from Page One.)
trary to law and the evidence, and the
result of passion and prejudice.
The motion in arrest of judgment rested
chiefly on the allegation that It was Im
proper to try Matters until after Luehhon
had been tried as principal In the crime
charged. Defects were also alleged in
the indictment and In the drawing of
the grand Jury which returned It over a
year ago at Lincoln.
Judge Youmans refused to change his
mind on any of the points raised in the
motions, saying that all of them hnd
either been previously settled In the ca.se
by Judges Munger, Morris or McPherBon,
who .had passed on various motions, or
else that they were unfounded or Insuffi
cient grouds for a new trial or arrest of
judgment.
Case of Mason City
Greeks to Be Taken
to Supreme Court
M ASON CITY. la., March 29. (Special
According to reports received the Main
fc case has not been finally disposed
ot, but that it will go on now from the
court of appeals to the I'nlted Stated su
preme court to determine whether the
federal government Is itself right or
wrong. In fact, the merits of tho case
Hre being entirely forgotten by the ab
sorbing Interest of the legal tangle In
which the government finds itself.
When Insportor Whitfield, representing
the government, came here he was given
no authority to open up this case, which
Involved the moral standing of five
Greeks who were not as yet naturalised.
He called in twenty girls, all of whom,
according to tho story, testified to Im
moral conditions existing there. Whit
field sent in his evidence and secured
papers for deportation. Then came the
efforts of defendants' attorneys, and they
resorted to habeas corpus proceedings
and won out at a hearing at Dunuque.
The question now goes up to the powera
which created It for an Interpretation of
what authority Is really vested In gov
ernment Inspectors.
All agiee, nearly, that the examination
made of tho twenty girls by Inspector
Whitfield was nothing more than a star
chnmber proceedlnga where Mr. Whit
field was attorney. Judge and Jury, and
the defendants In the action had no op
portunity to present their side of the
case. District Attorney O'Connor of New
Hampton, according to reports, will go
up to the supreme court of the United
States for an interpretation if the law.
A lee President nt Ann Diego.
SAN DII0GO. Cal.. March 28 Vice Pres
ident Thomas R. Murwlmll was greeted by.
a large crowd upon his arrival here rrom
I. os Angeles at noon today. Panaraa
Calllornla exposition officials, army and
niiv.v officers and citizens formed the re
ception committee.
"STAR The Pocket-Pal of All Good Fellows
Men Who Chew Are Men Who DO
IF anywhere you find men ready at an instant's
notice to do what is required of them, you ,
find them in our army.
And few men love good tpbacco like these iron-nerved soldiers the
steadiest, truest marksmen in the world.
Wherever there is an army post there's a big demand for STAR Tobacco.
A soldier can't carry much baggage. Everything must be first class quality
and compact.
That's STAR. Each thick 16 ounce plug is just
chuck full of ripe extra length, mellow, cnewable leaf,
pressed tight.
STAR'S honest standard of full weight is as unvary
ing as the amount of gold in a new $5 gold piece.
CHEWNG TOBACCO
LCADINC BRAND OF THE WORLD
gg 16 ox. I j
STENOGRAPHERS WILL
(N0T RECEIVE MORE PAY
(From a Staff Correspondent)
LINCOLN. March . (Special.) In . n
little less than a Jiffy the house thla
afternoon killed S. . 171, the Spencer bill,
boosting the pay of supreme Judges'
stenographers from ll.OftO to l,20no per
year. It was indefinitely postponed on
Mr. Scott'a motion.
Mr. Taylor warned the house to go alow
on raising salaries after a campaign In
which econo'my was promlbcd to the peo
ple. He said that many state tiouse
stenographers get only lW per year and
that It would not be fair to them to raise
the ones who are alien. ly drawing $1,000.
Taylor said if the legislature doe, not
Dr. C.R.Henderson,
Sociologist, is Dead
at Charleston, S, C.
CHARLE8TO.V, S. C. March M.-Dr.
Charlea R. Henderson, profegsor of
sociology in the University of Chicago,
died here today after a short illness. He.
was born at Covington, Ind., Dec. 17,
1848, and waa graduated from the Uni
versity of Chicago in 1S70 and from the
Baptist Union Theological Seminary, K73.
Dr. Henderson was widely known fo."
his work in sociology.
Death Is said to have been due to a
stroke of paralysis, . superinduced by
overwork as chairman of the United
Charities, upon which fell the burden of
carisg for the unemployed lust winter.
new; mm hp m
Italy Contracts for
.15,000 Horses
EAST ST. LOUIS. March 2.-The
Italian government haa contracted with
dealers here for 15,000 horses, it w as j
learned today. j
A previous contract for $.000 horses al- j
ready has been filled and several thoux- j
and horses have been shippc under the j
ne,w contract. Thus far SO.CNIO homes j
have been shipped from here to the Euro
pean belligerents.
c
Wnniia
PTURGIS,
Drops
Head at fttarla.
March (Special
otes from Beatrice.
BKATRICK. Neb.. Maich 29. (Special.)
-The stockholders of the Filloy Farmers'
snd Merchants' Elevator company held
their annual meeting Saturday afternoon
and elected these officers: President, J.
It. Bowers; vice president, i"harles
Hughes; treasurer. Karl Norcrosa. Tho
company had purchased bimhels of
grain at a cost of ll3,i.'4 during the year.
Virgil Marshall of Wymore, who filed
his petition Friday as a candidate for
mayor of Wymore, ha withdrawn from
the race, leaving the field to Adam Mc
Mullcn. John It. Hnd I'svi.l llltt. two farmers
living near Odrll, were brought here Sat
urday evening on a peaoe bond charge
filed by C N. Hinds, a banker of that '
place. He avers that he fears. that the
defendants will do him bodily harm. The
..111,0 uun me pernor lailuns W 111 lelecram ) Mrs. I.. W Prumov 1
be likely to equal or overrun those of 19i:i. j years, fell dead at her hom in Sturgla
ine vote to Indefinitely postpone was I hile getting supper last evening of irak
about two to one. jilBO of hetLrii trnm wlll(.n he tntioTCy
tin. . for some time. Funeral 'will be Wcdnes-
IMU nCUUUIIUlM IN ALntAU any afternoon from tlic lYesbyterian '
CF TOBACCO TO BE PLANTED (l,urch !
(Coriespondcnce of the Associated Pres.) '
BEKLIN. March 27.-Tobacco growers" " '
w ho have been worrying lest lolnco O-- rp n T j
raising lie restricted or firbldden so that I OdUC 1 SJlX IVttJUb
ho field could be used for the produc-! T t T V.
tlon of food siiuplles. have at last been ! Y flllT Hflir IQT 7
assured that such meamires will not be
taken, for the present at leafct. The? gov
ernment is understood to have decided
that this step is not uecesary.
It's (raiirttnotlicr'a ifclpe to Iti'inK
hark color, thickness ami luster
Kv'r)lMiily is tisinx il again.
n
L,
,'.'. t
I C ft IV '?
as
win
FROM OMAHA
Oan Franolsoo, Los Angeles, Oakland and
San Diego.
Portland, Astoria, Taooma, Oeattle, Evorett,
Dclllngham, Vlotorla, Vancouver, New Westminster.
Oan Francisco, Including trip through
Portland, Taooma or Seattle In one
direction.
I5V
50
Correspondingly low fares from other points,
turn limit three months frcm date of sale.
Final re-
IRON UKUbb rUn KUblAL ! Oray hair, however handsome, denotes
AKin TFl FP.R4PH flFFirinl i 'Ivuuclng age. We all know the advan-
,?ni,H.o; ,hT..cS;.fed rretsS, ' " " -hfu' Vour !
BERLIN. March :7.-In the first sin ,la'r lfl y,,ur harm 11 mkr' ol n,H,'
months of the wsr. :he In... cross has ,h" Uv XV,,n " "",'"M' ,ur'"' K,M "'
to bestowed upon ?JK penal and look' d,r' "'lv ,M'r,'- Juht
telegraph officials stationed In the flelj te applications of Hage Tea and Hulphur
Out of a force of slout 75.6m men In the '""sn.es its appearance bunured-fold. ;
field postal and tele-'raph service. In. lud- "0 1 ",ay "r,y! l ook cu": K',,l' '
ii.K those stationed in conquered ter,i- prepare the tonic- at home or get from
tory. '.'.5 have been killed. ! "nv dr"e """' '"IU t I
I "Wyeth's Mage and Milphur t'onu-cjund." I
These fares permit visiting without additional railroad fare the Panama
Pacific International Exposition, San Francisco (open until December 4) and
the Panama-California Exposition, San Diego (open all year); also stop
over at Denver, with free side trip to Colorado Springs and stopover at Salt
Lake City when your ticket is routed
Via
PcJDDffD
Standard Road of the West
Thin m rtTf Cents. : Thousands of folks ro ommend lliiJ
n thi. r.,t ...o thi. .i'in r.- ready-to-use preparation, lM-cai:ae It
defendants were released on Ixd o( 'fWlj.wj r eents to Foley & Co.. Chicago 111. darkena the hair beautifully and K nioccs
each. I
rllah Derlloe. oaninalloai.
VVttfT POINT. March . .Special. )
Tha nomination of W. T. S. Nellgh for
mayor of West I'onit, ttndered him by
the people's rsrty, nai been declined by
him. M. E. Kerl haa Ucn chosen by the
committee as a candidate. He will i.e op
posed at the polls by II. II. Howarth, the
nomine of tha citizens' party.
writing your nam and address clsitrly.
Tou will receive In return a trial park
age containing Koley'a Honey and Tar
Compound for rougl i, rolds and croup;
Foley Kidney Pills for psln In sides and
back. rhaumatiMm, baekaebe, kidney and
bladder ailments; and Foley Cathartic
Tablets, a wholesome and thoroughly
cleaning cathartic, eapecially comforting
t.j stout persoa. Sold evcryw her. Advertisement
dandruff, etoph scaly itching and fallim,- '
hair; besides, no one can posi-lhly tell, aa !
' - ..... 11. . .
11 uaiivena so iiihcii itrei i-eni. i.iu
moisten a sponge or soil brurh with It,
drawing this through the hslr, taking
one small strand at a time. By morning
the gray hair disappears; after another
application or two, Its) natural color Is
restored and It becomes thick, glossy and
lustrous, and you appear year younger.
Advertisement.
For beautifully illustrated booklet "California and the Expositions"
and further information relative to rates, routes, stopover and side trip
1
privileges apply to
L. DEINDORFF, C. P. and T. A.
13X4 Ptrnam 9t'., OMAHA
Tl. Douglas 334
f