Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 15, 1903, Page 2, Image 2
..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