r u W i '. DflfATTIff MAKER Supremo Judg03 Decide Against Northern Securities Cot OPINION BY JUSTICE HARLAN Who Deelnre tlio Only Olijrtt of Merger Win to Frrirnt Competition In lie Iriilnt of Itilurttnti! Coiuiiierre The opinion of the supreme court of the United States In the inse of tho Northern Hecurltles rompany agaliitt the United States, Involving the merger of the Northern Pacific and the Orcat Northern compnnlcH i tn favor of the government. The opinion wns read by Justice Harlan. The opinion of the United States circuit court for the dlutrlcl of Mlie ncsota was affirmed. The effort Is to fttistiiln the contention that the Sher man anti-trust law applies to railroad combinations of the character tn ques tion. The case has attracted more atten tion than any other milt befoie the court since the first Insular ruses were decided and has been regarded 'jy bench and bar as equal In Importance with those cases and with the Income tax case. It was argued In December last for two days and attracted the gen eral attention of the public at that time as It did previously when the decision wus rendered by I he circuit court lot the district of .Minnesota. The action was brought In the cir cuit court under the lu'w of February 1, 1903, which was for the purpose of expediting the can; and was heard by thp four circuit court Judges of the circuit. They united in a decision favorable to luc United States and opposed to the contentions of the rnll road companies. The suit was instituted by the United States against the Northern Securities company and the two rail road companies, the Northern Pacific and the Orcat Northern and the lead ing ttockholders tor the purpose of dissolving the merger or the two rail roads which the United Mates declared had been created by the creation of n holding company, the Northern Securi ties company. This consolidation was claimed to be In violation of the Sher man anti-trust law. It was claimed ui behalf of tho government that UiIh con solidation was in effect a pool created to promote tho interests, not of one system at tho expense of the other, but of both at the expense of the pub lic. The rallioads claimed thot tho transfer of tho stock of tho two com panies to tho Securities company was In the nature of a sale and perfectly legitimate. Tho contentions of the Securities company were reviewed nnd Justice Harlan said they had received full attention, lie quoted tho vuiloiit opinions Involving tho trust question, snylng that from them It Is to ho gath ered that all contracts' In restraint of trade, reasonable or unreasonable, are prohibited by the Sherman law, ami thnt congress has the power to es tablish such regulations ns nre laid down In the law. Congress had pownr to enact the statute. Justice Harlan declnred that the onjy object of tho merger was to pre vent competition, nnd he said that If no one else knew this to be the ense J. J'lerpont Morgan, one of tho de fendants, knew that to hnve been tho case. Extracts from Mr. .Morgan's tes timony were quoted In support or this statement. Justice Harlan said thnt In this day there should be no doubt of the com plete power of congress to control In terstate commerce. AJl appropriate means might be resorted to for that purpose. ' All the prior trust cases were In support of that contention. The defendants could not complain of the finding of the circuit court anil Justice Harlan in conclusion announced tho confirmation of tho decision of that court, saying: "The judgment of this court Is that the decree below of tho circuit court be and heieby Is afllrmed with llbeity to the circuit court to proceed in the execution or tho decree as the circum stances may require." The decision was concurred in by Justices Drown, Hrower, Mckenna and Day, while the chler Justice and Jus tices White, Peekhnm and Holmes dis sented. To Froteet (luiiieut lliiiuo The Tecumseh Oun nnd Hide club nas been organized with a capital stock of $150. Tho club will incorporate. The object is to protect the gnmo of Johnson county according to law. C'lllllt'NK Kxclimlmi Act (III HI! In the supreme court tho govern ment of the United States, through Attorney Goneral Knor, applied ror n writ of mandamus to compel Judge Francis J. Wing or the United States district court of tho northern district of Ohio to tako what the department of Justice maintains Is legal action with respect to certain Chlneho exclu sion coses. This Is tho first time In the hlntory of the supremo court that the , government has sought a writ of muudJ'jjus against a federal Judge. WELCOME CHANCELLOR Ktinlciil lukn Tr in t'nt of Illicit unit II mil Him to ltt-lili'iii e Chancellor K Mcnjaniin Andicwa, who was tulirn 111 nl Chit ago hjiiiu lime ago while on hl. way to New York, hits returned to I Imolu. He r,is met by an enthusiast it miib of moie than three bundled students nnd after pet?iindlng him to take a s:tl !n a hack the ga youngf-leiN iinhlulinl Ihu boisf!'. attained a lope nnd escorted the chant clloi to his hi.:e it I Four teenth and Q streets. The chancellor had left on a business trip. When he reached Chicago he was taken III with a severe cold nnd hu at tack of In grippe and remulued In a hospital for scvcial days. When he stepped from the train he was assisted by Ou Andrews, his son, nnd the 'ouductoi. He was pale and gave evidence of much suffering, nnd the hand that lifted bis blaik silk hut to the cheering students seemed un steady nnd weak. GENERAL KNOX PLEASED Siiy Country I Pletmed Oier llio Mercer CiKe llec Mnu Attorney Orneriil Knov. being asked (oucernlng the merger decision, said: "My views or the decision cannot be better txpiessed I ban In the language or one of the beat known railroad presidents In the United Htntes upon the occasion of the decision In favor of the government In the couit below. "He said: 'The decision Is sound Inw, good sense and for the nd vantage or all legitimate inteiests and ror the country's welfare and It voltes the Judgment of probably nine-tenths of tho most conservative business men of the country.' "The country is to be congratulated that tli2 government's protest against the first uppenrancp of tho holding company as a device to com vol com peting Interstate railroads has not been In vain." Ktlent of I. lite Slum Sturm According to reports received by the lliirllngton the snow of Saturday night extended very generally over the east ern half of tho stale to the depth of from one to four inches. West of Mic tion the precipitation was little more thnn n trace. It was considerably heavier In the northwestern part of the state, however. The teport or the weather bureau at Lincoln showed Unit the actual amount or precipitation was .3S or nn Inch. The snow re.', quietly und ocnly nnd thawed slowly so that the resulting moisture will be dlsti United evenly and will soak into the ground instead of running off Into the smaller streams. Coming just as II did the snow Is considered to lie of great value to the wheat crop. Com leted of SliootliiK H mir lllrilt Another conviction for tho slaughter of song birds Is reported by Chler Game Wtfrden Carter. O. 12. Young, special game deputy at Nehawka. ai rested O. H. Marks Tor shooting song birds rrom the public highway. He was fined $3 and costs, An organization or citizens has been formed at Nehawka to en force the slate game law which pro tects song or insectivorous hints as well ns gumo birds anil fish. Chief Carter Is willing to help enforce the Inw. He reports thnt a flue of $15 was imposed upon n Not folk man for kill ing song birds nnd another man nt Ong was fined $5. An Omaha preacher was arrested several months ago for killing twenty mcadowlarks. It is said that tho case or tho preacher has not yet been disposed of In court. Fight t lteliilu Hluveit Acting Adjutant General Hall has received the following cable fiom Ma jor General Wade, at Mantln: "Major General Leonard Wood re poits an attack on n recounolterlng force east or Cottabato by a strong party or Moros made hostile by the passage or the anti-slavery law. Tho Moros' position wns shelled and tho Moros flanked and tho outworks taken. They were strong and well constructed. Cannon captured twenty-one old Span ish, thirty-three Lantnkas, ulso large quantities ammunition and supplies No casualties on our side." Dutlil city t'liiintiiiKiiiii The management or the David City Chautauqua association lias arranged to hold the Chautauqua assembly this year In July, commencing on the 23d and closing on the Hint. K. Williams and G. W. Gates have the general management In charge. He v. II. H. Harmon or Columbus, Ind., will bu platform manager and assist in ar ranging the program. A ci I ml Ktlu oil line Nej;rne Governor Vnrdaman, of Mississippi, sent to the house his veto of tho bill appropriating $2,200 for the support of tho Holly Springs normal school, a colored Institution, Tho governor in ills veto message takes ground against negro education, stating that It Is not the best thing ror the negroes. Ho advanced this view during his cam paign for governor. It Is said that a strong light will bo made to pass tho bill over his veto. PORTARTHURHCiHT Latest Dispatches State Terrible Damage to Russian Fort RUSSIAN DESTROYERSSUNK Forly .Men Killed nml tine Hundred ure Wounded, it Funnier Mngiiilue Itlowu l'i nml llli fliin llmnunt Private Chinese reports received nt Peking state that the whole or Man churia Is In state of utter confusion owing-to the Russians having seized all food supplies and Other commissariat necepsltles. The natives are streaming fcouth toward the ports nnd are suffering great linrdthlps. The late military governor ut Klrln has committed sui cide owing lo his Inability to relievo the )oople'H dint i ess or stop the Rus slnu depredations. Information fiom an official at Tien 'jVin who wns an eyewitness of the last bombardment or Port Arthur, Is to tho effect that the Russians had twenty-five killed on the bnttleshlp Sevasto pol, twenty on the ltrtvlzan ami twen ty in the town. in n dispatch from Clio Foo, n corre spondent or the London Dally Mall de scribes an inspection or Port Arthur rrom n boat. The new city seemed to be on lire; three columns or smoke were ascending rrom It, The liread hill fort appeared to have suffered ter ribly; the defenses were shattered nnd the earthworks torn up. Accotdlng to the St. Petersburg- cor respondent of tho London Dally Tele graph, vague rumors are current that later telegrams describe the bombard ment of Port Arthur us much more serious than has been ndmltted oili dally. Special dispatches from Tokio and Yin Kow also give reports or heavy Russian casualties at Port Ar thur, amounting to forty men killed and one hundred wounded. In a tllspntch rrom Tokio it corre spondent or the London Dally Tele graph says that In the latest attack on Port Arthur two Russian torpedo Ixuit destroyers were sunk and great damage was done to the docks, forts nnd nrsennls, Including the explosion of n powtler magazine. Dalny Is re ported to have been utmost entirely destroyed. Several guns were dls mounted, ami the row of four torpedo boats In the Inside harbor are mild to have deserted. A Strictly Acrlrulliirnl I'ulr The Burt County Fair association noltl its regular meeting nt Tekamah. Neb., and decided to hold the next county fair on September 7, 8 nnd 9. After n short discussion It was also decided to make this strictly an agri cultural fair. The large majority or tho members holding that a sufficient number or people would come to see the various products or the farm and the well-bird live Etock which can easily bo brought together, without having to resort to nny special outside attractions to make the fair a decided success. However, tho final arrangements, with all the minor details, were left to ho settled at Its meeting which will bo held June 1. No DrttiRPr oT "Vrlloir Ferll" Baron Knneko, a former Japanese minister of ngrleulturc and commerce, and member of the Japanese parlia ment, who lins arrived at San Francis co en route to Washington nnd tho St. Louis exposition, says: "I do not understand what you Americans and Europeans mean when you speak of the yellow peril. If you believe that the Japanese Intend to unite with the other members of the yellow race and overrun Europe and America you are very much mistaken. Such a thought has never entered our hends, and it is our ultimato Intention to enter tho rank and file of Christen dom." Nettle Craven Fair Injured Mrs. Nettle Robertson Cravens Fair, ho contested tho will of tho late Sen ator J. L. Fair, the California million aire, on tho grounds that she was his legal wife, is lying in a critical condi tion at tho Southorn hotel, St. IxjuIs, as tho result of Injuries sho received In n streot car collision. Mrs. Fair was unconscious when taken to the hotel and was unknown, her door key nlono making known the fact that she was stopping at tho Southern. When, sho regained consciousness sho request ed thnt tho closest secrecy bo main tained and that her Identity he not re vealed. Crnnlied Under n l'luno Clarence, tho flfteon-ycnr-old son of Riloy Jones, of Plattsmouth, Neb., was Instantly killed by bolng crushed under a pluno Tho Instrument was being hauled from n furniture store to tho opcrn house. Jones was riding on tho rear of tho wagon when one of tho wheels struck a rock, causing tho piano to topplo over nnd fall to tho ground, carrying tho boy with it and pinioning him un derneath. His body was 'ierrlbly crushed. MOOREG WILL PAY BACK Ire lllrcrnlly Itetnlned While Clerk of Dnticlii County Court ' Jtidg Baxter has derided the case of Hauglns county against Frank E. Moores lir-fnrorof the county render ing Judgment ror the county in the sum or ubont $1,7500, nbotil 5200 of which represents Inteicst. Suit was brought ror about $3,200. This Is the lirst or several suits, nnd represented the county's claim on account of un claimed witness fees nnd lower court co3ts collected during Moores' first term of office as clerk or the district court. These suits nre bused on the supreme court's reversal or the opinion in which It first held that Moores could not be requited to pay over the unclaimed witness fees to the county, on the ground that they belonged to witnesses nnd not to the county. A later deci sion hcltl thnt Moores had no title to them, holding them mutely by virtue or his office, and that when he went out or office he should have paid them over to tho county. Former County Attorney Shields wns retained by tho county commissioners to prosecute suits to recover the money. PORTO RICAN LAWS Coudeniied IteTletr of l.atrn FaMfd b I'orto IUciui I.eRUlnture Tho following cnblegram has been received at Washington from Governor Hunt, dated San Juan, P. R March 12: "Secrttary of State. Washington: Legislature adjourned. Many import ant laws passed, among such. Amer ican code civil procedure, thus com pleting entire American code systems; referred American Judicial system law, vesting original power In Justices su preme court to determine all property questions between government and Catholic church; establishing blind asylum at Ponce: providing for com mission to ncgotinte Insular bonded loan for permanent public works, three to five million; providing for new penitentiary; for slight Increase rum tax; for Increasing resources on mu nicipalities; authorizing ail priests, preachers and magistrates celebrate murilaEcs. without parents first ob taining licenses; providing special duty nnd cure parasitic anaemia; es tablishing educational qualifications for olectois: extending public school education; passed budget next fiscal year: ulso by unanimous vote, intro duced by Delegate Aponte. delegates rising, psssed itrict law to prevent desperation American flag." I)pcrlitlon of New Comet Horrclly's comet, which- was discov ered at .Marseilles on June 21. 1003. has been the objoct of special observations at the Lick observatory. California, by Sebastian Albrecht. lletwcen June 22 and August IS. 1003, a total of thirty six protographs wcro secured with tho Ciocker telescope and with the Plerson and Floyd cameras. Throughout the entire series of photographs two dl3 tlnet types of tails persist. The prin cipal tall Is long and straight In its general direction mil can bo traced to the edge or the plate, a distance oT ten degrees. It was always directed almost exactly away rrom the sun. After leaving the head It widens out, and. In most of the plates, divides Into two distinct branches. Tho other tall is short and very much curved, and presents practically the same appear ance on all tho negatives. lleatrlce Wnninn'ft club Work A movement having for its object elenner streets, sidewalks and alleys, has been started by the woman's club of Ileatrlce, and the committee on civics and forestry has been Instruct ed to devise ways and means of secur ing the desired ends. The work taken up by the club will be far reaching and effective. A communication from tho club was addressed to the city council relating to the work under taken, which was received with ap proval and the clerk was Instructed to notify tho committee that they would receive the support and co-operation of tho council. OitrUli Win the Derby The closing honors of the Crescent Lay Jockey club's meeting nt New Or leans fell to tho eastern contingent, whon Ostrich landed tho prize of tho season, tho $0,000 Crescent City derby. Tho eastern colt's only rlvnl in tho hotting was Captain Brown's Auditor, 0 to 5, being laid agninst the former and 8 to 5 against the latter. Theso were practically tho opening and 'clos ing figures. Auditor and Ostrich weto last away. Plenty of ,upitueo War FnuiU Tho Japanese minister at Washing ton has received from his government a cablegram stating that the subscrip tions to tho loan of 100,000,000 yen ox chequer bonds amounts now to 43(1,000, 000 yen. Tho dispatch further states that it Is expected that when all tho returns havo been received tho sub scriptions will exceed 500,000,000 yen. Tho small subscriptions, nveraglng bo tvvecn 9S nnd 200 yon, will, tho cable gram BtntCB, nlono amount to 75,000,000 ven. THE FLOUR OUTPUT Kansas Has Grinding Capacity of IO,COO,0 jO Bu. Annually DAILY RUN 33,555 BARRELS A Mm gill lire nt ICecnrd for n Stiite Kcsne- lng In Milling. KniplnyltiK Modern Methods Only of t.ute One hundred nnd twenty-four mills in Kansas, Including fifty-three mills with n dally capacity of 200 barrels or more, report that they havo ground 23, 235,000 bushels- of wheat in the eight months beginning July 1 (estimating the amount for the last two weeks of February.) There arc ten mills each of over 200 barrels capacity and ahout 100 smnll mills of 60 to 100 barrels ca pacity each which have not reported. Making n small, moderate allowance ror theso mills, It appears quite cer taln that the Kansas mills have used, In the aggregate, not less than 30 mil lion bushels of wheat in tho first eight months of the crop year. The mills which havo reported, estimate that they will grind 8.GSS.00O bushels of wheat In tho four months from March 1 to July 1. If the mills not report ing use 2 million bushels, the total requirements of Kansas mills in the next four months will bo 10 million bushels, malting an nggrcgnte of 40 million bushels of what ns the year's proportion of the crop ground by Kan sas mills. The dally capacity of tho 120 mills that have reported Is 31,553 barrels. The actual daily (Including Sunday) output or these mills amounts to 22,000 barrels, or a little over two-thirds their extreme capacity. If tho mills were all closed Sundays and holidays their aver age dally output for actual working days was 20,000 barrels. Including a conservative estimate for the mills that did not report, tho actual dally flour production in Kansas for eight months has been about 33,000 barrels. The Kan sas people consume about 0,000 barrels of Hour daily. Tho :emalnder has gone to other states, and n moderate propor tion lias been exported; BODY FOUND IN RIVER Farmer' Hotly Fount! After Helm; In Idler Nlneo December The body af Charles H. Willcs, tho dorrls county farmer, who disappeared after leaving Junction City, Kansas, on the night of December 7, wns found n mile south of that city In tho Smoky Hill river. The body had been in tho water thieo months, and was Etill In a good state of preservation. It was easily identified. There were marks on the body that indicate that tho man hud been nssaultcd and his liody thrown into tho river. The night Willcs disappeared he left Junction City late in the evening, and early the next morning his horse re turned home. Ono of Willcs' 30ns came to Junction City In search of his father, and when ho nrrived nt the bridge, just south of town, he found his fath er's cap, glove and broken cane strewn about tho bridge. There were signs of a struggle. Willcs carried over $5,000 fraternal life insurnnce, and his family was uhable to collect any of It. They were confident that ho had been killed, and they offered $300 reward ror the finding or the body. The county also offered n reward of $23. Held for MiliMliitiRbter Tho preliminary examination or Geo. II. Calloway, or Furnas county, Ne braska, charged with tho murder or James W. Shcwmako, or Norton, Kas was held berore L. A. Smith, a Justice of the peace at Norton. Calloway wns bound over to the district court for manslaughter In the fourth degree and his bond was fixed nt $S00. Calloway went to Shewmake's farm In company with Will Hlllman. Janu ary 13, to settle a claim for damages, Calloway's cattlo having strayed Into Shewmake's cornfield a week before. A fight took place In which Callowav struck Showmake in the race and on the left temple. Fifteen minutes after tho encounter Showmake, who was a small man, and 5G years old, was taken sick, and shortly nfter became uncon scious. He died tho next da v. Smnll Fox Stniupetl tint Officials or Sherman township, Kan sas, report to the county board of health that there was only ono case of smallpox In the Llnwood neighbor hood, which Is adJaJent to Lcnven worth, Kas. This Is tho last or ono hundred cases which were in tho town ship since November. Tho public schooh were closed part or tho winter, l'lrit llnln In Four Montlm The first substnntlal rain since last October fell at Wlchltu, Kan. It will aid the growing wheat and put tho ground In'good shape for plowing for corn nnd oats. Tho storm extended throughout east Oklahoma. Wntertrork nt lliiyco Clly At an election hold nt Hayes City, Kan., $25,000 bonds were voted for tho erection of a water works system. KANSAS CATTLE HEALTHY Tliofcjiltury Uonrtt Mnkr nn Intercut jii Iiib Iteport I M. C. Campboll, chairman of th Kansas state JIvo stock sanitary board, is making nn Investigation into report ed cases of tuberculosis In cattle. The board is making an effort to stamp out tho disease. "There is no cause for alarm," said Mr. Campbell, "except so far as tho local effect Is concerned. Tuberculosis Is not a fast spreading disease. In Kansas it Is confined to a few of tho larger cities, and doubtless will be re moved soon. There are a few cases In Shawnco county nnd Sedgwick county and tho disease is reported to bo In Lea ven wot th. Tho disease is confined generally to Jersey cattle. Few town peoplo take proper care of their cows. In tho country tuberculosis Is rarely heard of becauso the cattle havo plenty of nir nnd exercise nnd their sheds aru kept clean. "Tho live stock sanitary commission took vigorous steps to keep tuberculous cattle out of Kansas a few years ngo, but tho breeders inndo so much fuss about It that vc rescinded the order. SInco then little has been done, except to investigate reports of tuberculosis and to havo Infected cattle disposed of It is safe to say that tho cattle of the ctate arc in no danger from tho few cases which lately have attracted at tention, although the commission ex pects to make a thorough Investigation of the Topeka situation." OATS FOR ARID NEBRASKA Kiperlmeiit Station Find Well Adapted Variety Tests of a now variety of oats are re ported in bulletin No. 82 of tho Ne btaska experiment station. Theso oatj were Imported by the station from Rus sia in 1897, nnd nre called Kherson oats. Tho variety orginatcd In tho Khcrcon' government In southern Rus sia. The climatic conditions of that region are not such as arc favorab'o to the production of oats. The averaga yearly rainfall Is only sixteen Inches, nnd tho summers are extremely hot. The Kherson oat is n vigorous but not a rank grower. The stiavv is vers short: the leaves are broad and expose a large surface. The berries nre light yellow In color, small but numerous, ami have a very thin hull. The usual ly weigh well per bushel. They mature very early. This variety is peculiarly suited tc central and western Nebraska on ac count of Its habits of growth.' In the spring of 1001 seed of Kher son oats was sent out to n number ol persons In various parts of the statt to test. Two bushels of oats were sent to ench experimenter and ho was asked to thresh the crop separately and to report the icsults. This was repeated in 1902 and 1903 ns more seed becainu available. Tho results of the three years' tcEts are given in tho bulletin. These show It to be peculiarly suited to central and western Nebraska; there are other varieties that In the river counties, at least, compare fav orably with It. West of that, tests that have been made of it during thq three years, Indlcato that it is earlier, yields better and weighs heavier than any other variety, with tho possible) exception of tho Texas Red. It has steadily out yielded the Texas Red on the stntlon farm. T. L. LYON, Nebraska Experiment Station. Itiitfliina Inrreimei In Coitt An Importer of rndlum in New York gl,ycs out the startling news that tho price of this latest product of tho sci entists has increased $4,200,000 a pound in two days. Tho commercial rato ten days ago was $8,400,400. now It is $12, COO.000. So great lias been tho demand for a few grains that tho supply on the ninrket probably will havo disap peared entirely by the end or the pre ent mouth. Hrcnk Up ii Deiiperuilo ORiiff City detectives at Pittsburg, Kan., practically broko up a gang of burglars and thieves In thnt city when they ar rested Almeta Morrow, Annlo Beck ham and Gordon Holt, nil negroes, nurglniics havo been almost of nightly occurrence for tho past two months, and the pollro force nnd secret service officials hnve been unable to locate the thieves until now. About' $300 worth of plunder, consisting of women's and men's wearing apparel, and Jewelry, wns found In tho house occupied by tho trio. I uron claims to hnve the champion crank of Kansas. When ills wire wants to go anywhoro ho is always 111 and when she is sick ho is wild to ninUo calls. Mr, Hfjiin (iiiltm n Faint J Uy a decision handed down by Judge Gager or tho superior court at New Haven, Conn., based on a demurrer to answers to nn appeal by William J. lirynn rrom tho decision of tho probato court which ruled against him !n,.Jo h'.lo S. Ileiinett v,,ll ense, Mr. Bryfu hiiH tho right to contest for the $50,000 bequest to himself by proving that tho "Healed letter" Is n prt or tho will. Judge Gagcr'B decision is largely in Mr. llryan's favor on Questions raised by tho demurrer. 4. isfriia, gjB