i
THE OMAHA DAILY - HEE: TUESDAY. DECEMHER 20. 1004.
Telephone (M.
'Remember that treat
a U the tirt of speech.
allelic la often
nor valuable,"
1
i
Ladles' Tailored Btocks. In black, brown, navy and white both with bow and
tab ends at Joe, 75c. II. Co and 1.60 each. '
Ladles' Tailored Btocks with long- embroidered end and four-ln-hand tie at $1.36.
tl.W. 11.75 to irOO each. '
Ladles' Fancy Btocks, hand msde Fagoting lace applique, beaded, etc. 60c.
75e, 11.00, 11 15, $1.50. 1.75 up to 15 00 each.
Ladies' Fancy Btocka with jMaltfd frills around the bottom and yoke effects
trimmed with lace applique, chenille dot, pearl drop, etc $2.50, 12.75, 15.00 up to MS)
rirh.
Ladles' Fancy 8tocka. Trimmed Stocks and Jabot Ends, In black and white at
$1.00, $1.25 and $1.75 each. '
Ladles' Turnover with hemstitched embroidered edge, fancy embroidered, colored
embroidered, etc 25c, 35c, 60o and 75c each.
Ladles' Turnover Beta, plain Hemstitched, Embroidered and Tucked Bets Mo, tOc,
$1.00 to $1.25 each.
Ladles' Turnover Bets embroidered linen, colored and white, tn boxes for men's
gifts, at GAo and 75c per box.
Indies' Turnover Sets sheer swIss, embroidered hemstitched edge, very dainty
at $1.00 per box.
DOWN QUITS
We carry a fine line of these luxurious
bed coverings. They certainly would make
splendad ' gifts. You are sure of their
usefulness.
Down quilts, filled with fine deodorised
down, covered with down-proof sateen
at $4.50, $8.50, $S,00, $11 00, $12.f0, $16.50 each.
Fancy made comforters, filled with cot
ton, very pretty and useful gifts at $3.00,
$3.25. $3.75, $4 00, $4.25 each.
Men-Ufa Wool Comforts filled with
pure wool, covered with sllkollnes. In
dainty designs at $4.75. $5.75 each.
ALL WOOL
Special, Handsome, New Silk fin
ished iuitlngs for Tuesday
Not a large quantity In the lot, hence
you must make quick use of the moments
before these goods are closed out. Skirt
lengths and dress lengths only In a most
beautiful material. They are priced as
follows: '
6 yards Dress Pattern Hunters green,
good weight,, rich luster, suit for $2.59.
yard Skirt Pattern Deep garnet,
bright glossy finish skirt for $1.98.
4 yards 8kirt '.Pattern Handsome new
cTIl0nF3ON.PiLDEN5,CQ
Y. M. C A. BuiJdir. Corasr Sixteenth and Douglas Streets.
twean Llafttl mountain and the Rur.slan
headquarters at Port Arthur.
The fighting against Sung hu mountain
continues.
The following report of the capture was
telegraphed from General "Nogi's headquar
ters today:
At 2:15 o'clock on the afternoon of De
cember 18 part of our army blew up the
parapets of the north fort of East Keekwan
mountain and then charged.
A tierce buttle with hand grenades en
sued. Owing to the stubborn resistance of the
enemy with his machine guns our opera
tions were temporarily suspended.
Subsequently at 7 o'clock In the evening
General Bemeamlma, commanding the sup
ports, advanced Into the casemates and,
encouraging his men. threw his supports
Into the fighting line In a last brave charge.
At' 11:50 o'clock at night we completely
occupied the fort and Immediately engaged
in the construction of defensive works. Our
occupation became ttrmly sssured iday.
Before retiring the enemy exploded four
mines In the neighborhood of the neck of
the fort.
We captured five nine-centimeter field
guns and two machine guns, as well aa
plenty of ammunition.
The enemy left forty or fifty dead. Our
casualties have not been Investigated, but
they ae not heavy.
Rasslaaa Completely garprlsed.
LONDON, Dec. 20. According to special
correspondents with the Japanese army the
capture of the Keekwan fort waa a com
plete surprise to the Russian garrison, there
havlrfg been no preparatory bombardment.
Japanese sappers drove shafts forty feet
under the parapet of the fort from the en
campment and moat. In these two tons of
dynamite were exploded simultaneously,
completely wrecking the interior of the
fort, whilst siege and shrapnel guns shelled
.Russian troops in the vicinity. This oc
curred at 2 o'clock In the afternoon. A de
tachment of Japanese Inantry made a
headlong but premature rush and sixty or
them became burled under a mass of
debris, greatly delaying the attack. De
spite this mischance another volunteer
force dashed forward and captured the
parapet. In the meantime the Russians had
been atrongly reinforced and a fierce hand,-to-hand
struggle with bayonets and gre
nades waa continued until near midnight,
when the few Russian survivors retreated
to the city and the fort was captured. Its
construction displays the utmost sclentlllc
knowledge.
Germany Will Hot Intervene.
LONDON, Dec. 19 The German embassy
- Informs the Associated Press that there
Is no truth whatever In the renewed re
ports of an Anglo-German movement look
ing to mediation In the Russo-Japanese
war. The visit of Count Mettariilch, the
German ambassador, to Berlin was purely
private.'- Germany remains determined to
do nothing until Invited by the . belllger-
. ents, end tip to the present time adds that
embassy Germany has not been Invited.
' Japs Lose. Torpedo. Boats.
. TIENTSIN, Dec. 19. -A Junk which ar-
rived here today from Port Arthur reports
' that four- Japanese torpedo boats were
sunk during the attacks on the Russian
' battleship Sevastopol, which; they say, haa
now sought refugo under Golden hill. The'
Japanese, the Chinese added, are spreading
falsa reports of their successes In order to
facilitate, the negotiations Of fresh loana
abroad. ,
Rasslaa Ships OS Capetown.
' CAPETOWN. Dec. 19. Some, warships of
the Russlau second Pacific squadron passed
Capetown this afternoon eastward bound.
re
is
UJ
makes the hair grow, stops falling hair, curea
. daodrufl. Will not darken blonde hair.
mm
PRICE ONLY
IB SEPTS
One bottle will eoc vinos you thai It Is the most
vuudertul hair tonio on tae market.
At Druggists, 15, 40 md 75 Cents a Bonis
( by wall, I cents extra for postage )
Tour druggist will sseure it for you wlttata M
hours II yea deposit the price with your order
I DEAL -STREIT CO,
V TS-SI COBTLANOT T . . NEW YORK
Ih-ug Bales Co.. Chicago, General Sales Agents
Vnr ulu locally by
6CHAEFER'S CUT PRICK VHVO
STORK. H T. Vats. Prop., Kith and Chi
cago fits., Omaha, 'Phones 747 and 77;
K4lh aud N fits.. Bouth Omaha. 'Phone Nu
Mb. Ave. and Mala St.. Council Blurts.
'I'liOite SJI. All goods delivered in either
city abavlutsly free.
1
Bee. Dee. 1. IfH.
Ladies'
Neckwear
brown, an Ideal fabric for a pretty separ
ate skirt to wear with shirt waists, pattern
for $1 96.
6 yards Dress Pattern New navy blue,
pretty shade and fabric for a full suit,
very new, suit for $3.49.
Silk Counter Suggestions for
Tuesday
Some splendid things are less new than
usual, as though they meant to encour
age the good-will that floods Christmas
tide. Handsome black all silk peau de sole
regular $1.25 quality. Tuesday's ereclal
price 98c a yard.
New 'silks for full costumes and silk
shirt waists suits In all the pretty dainty
figures and colors, a charming Christmas
present, good the whole year around, rrg
ular $1.25 quality, Tuesday's special prioa
$9o a yard. 1
Black Dress Goods for Christmas
When In doubt get black. There's no
better rule especially now when black Is
so much wanted: some splendid things here
for Tuesday's shoppers. Black Is g30d the
whole year around. -
TO AID VOLUNTEER ARTILLERY
t'onsressman Hall Speaks of Bill to
strengthen Branch of Na
tional nard.
CHICAGO. Dec. 19. Militiamen of the
I'nlted States are to be provided with the
most modern type of artillery and drilled
in its use until they approach in proficiency
the West Point graduates, according to
Congressman J. A. T. Hull of Des Mo.nss,
la., who has stopped here on his way to
Washington. Mr. Hull Is chairman of the
house committee on military affairs.
MY'hlle a retrenchment will be made In
the regular army," said Mr. Hull, "there
Is a disposition on the part of the house
military committee to improve the equip
ment of the national guard, for It Is upon
that branch of the service that the nation
must depend in the event of any war.'
'The militia wll'l have the hlgheu type
of field guns and be given Instructions by
capable artillery officers of the regular
army."
DEATH RECORD. ,
Mrs. Annts Palaa.
TABLE ROCK, Neb., Dec. 19. (Special.)
Mrs. Annie Palan, 82 years and 7 months of
age, who lived with her daughter, Mrs.
Prank Jaros, seven or eight miles south
east of Table Rock, died at about the mid
night hour on Thursday night and was
burled yesterday afternoon in the Bohe
mian cemetery, four miles east of town.
Her husband died seventeen years ago In
Bohemia and she came to America's year
later. Her brother, John Sochor. a promi
nent farmer, lives three miles northeast of
Table Rock. She leaves Ave chldren, two
sons and a daughter. In the old country,
and Mrs. Prank Jaros and Mrs. Frank Jasa
of this county.
Oldest Past Master of Odd Fellows.
NEW YORK, Dec. 18. James P. Sanders,
aged 86 years, believed to be the oldest
past master of the order of Odd Fellows
In this country, waa found asphyxiated by
gas in hie home In Yonkers today. He
failed to entirely turn off the gaa from a
heater In the room before retiring. At the
time of his death Mr. Sanders waa grand
sire of the sovereign grand lodge of Odd
Fellows in the United Btatea.
Mother of Senator Clark.
LOS ANGELES. Dec. 18.-rVTMary An
drewa Clark, mother of Senator William A.
Clark and J. Rosa Clark, le dead at her
home in this city after an Illness of but
seven days, aged 92 years, Senator Clark,
unaware of the serious Illness of - his
mother, sulled from New York for Europe
Saturday. Mrs. Clark was born near Con
nellsville. Pa. She had been s resident of
this city since 1&8Z
R. I.. Livingston.
BURWELL. Neb., Dee. 19. R. L, Living
ston died In this city at 10:30 this morning.
The deceased was for several yeara county
superintendent of Washington county and
up retiring from that office removed to
his farm near Elkhorn, where he resided
for some years and became quite well
known In the county, removing to Burwell
later. Funeral aervices will be held Thurs
day at the Britton church at 1 p. m.
Mrs. A. O. Broasoa.
MONDAMIN. la., Dee. 19. (Special.)
After a long Illness Mrs, A. G. Bronson,
aged 89, died at her home In Mondamln
Saturday. She leaves a husband and four
children. The funeral occurred yesterday
afternoon at 2 o'clock at the Rose Hill
cemetery at Missouri Valley.
Marras D. Crover.
ST. PAUL. Dec. 18. Marcus D. G rover,
general counael of the Great Northern rail
way and one of the best known railroad
attorneys, died at his home in this city
early today, after an illness of about two
weeks.
Lorcasa Dew MeKlaasy.
PORTSMOUTH, O.. Dec. l.-Lorenan
Dow McKlnney, aged 81 years, who had
his funeral sermon preached In IsM, died
here today. Ten thousand people attended
the funeral services which were held eight
years sgo In a grove near here.
HYMENEAL , .';
' Rostasaa-Jasnea. ' .
HUMBOLDT, Neb.. Dec. J. - Bpeclal.)
Warren E. Rsblnaon of this city and Miss
Nettle Jamea of Prospect, Ontario, were
united In marriage, ths ceremony taking
place yesterday . at Kansas 'City. Ths
groom waa ratsad . In this section ' and la
now In the employ of the operating depart
ment of the Burlington, with headquar
ters at Wyoming;, where It Is . understood
the eeuple will snake their some.
NAN PATTERSON ON STAND
s
Pefeadtit Bay. that 8h. Did Net Sboet
Caesar Young.
HE ASKED HER TO MEET HIM IN EUROPE
8ha Refased te Cross the Oeeaa t'atll
Later aad He Became Esrlted
aad Fired Fatal Shot
Himself.
NEW YORK, Dec. 19. "Did you, or did
you not, shoot Caesar Young, Nan?" said
Lawyer Levy to Mies Nan Patterson today.
"I did not," replied the witness In a firm
.voice. "I would give my own life to bring
him back If It were In my power. I never
saw the revolver with which he was shot.
There was a flash and then the end."
in a voice quivering with emotion, bui
filled with dramatic Intensity, Miss Pat
terson, who is on trial, charged with the
murder of Caesar Young, recited to the Jury
the scenes In her life which had to do with
her dealings with Young. Not only did Miss
Patterson swear she did not kill Young,
but she denied every circumstance In the
case which the state nas Drougnt up
against her. She denied that she was dis
mayed because Young was about to leave
her and go to Europe, after having been
told by htm, as It has been alleged, that all
wss over between them.
On the other hand she testified that as a
result of her conference with Young It was
agreed that she should Join him in Eng
land and take apartments In the Hotel
Cecil. London, and that Bhe keep her where
abouts a complete secret from Mrs. l onus.
The fact was brought out that Young gave
the woman a postal card, on which he
wrote his name and address, saying it was
something she might need.
Court Room Crowded.
The crowded room became suddenly still
a hen the former show girl took the stand.
The first of her testimony relating to her
self whs given In a low, even voice, but as
she proceeded her tones became more tense,
until, In her account of ths fatal cab ride,
her voice filled with tragic expression.
Early In her story Miss Patterson told of
her original meeting with Young, of their
life together and of their contemplated
European trip. She told of her talk with
Young the night before his proposed de
parture for Southampton, of her being
awakened, by a telephone message from
him to go to the pier to see him off, of the
ride downtown, of the moments In a saloon
and of the ride In the cab before the shoot
ing. She was asked to describe what happened
after leaving the saloon, while driving
down West Broadway. ,
"We talked about his going away and
he kept questioning me about coming to
meet him," she said.
"I did not say anything and finally he
said:
"'But I don'Tfeel positive that you are
going to come over,' he said. 'I believe
that you are fooling; are you?' Then he
said: "Are you going?'
Refused to Go to Europe.
"I said: 'Well, Caesar, there's no use say
ing I will, because I've mads up my mind
not to, but you go over and got things
quieted down, until the folks have for
gotten about things by that time. I will
meet you at the Saratoga meeting.'
"He looked at me a while and said: 'Do
you mean that?' ai .l then grabbed me by
the hand nearest to him and pulled me
over toward him. He hurt me so that I
tried to pull away, but I could not get
away from him. I put my other hand up
and he grabbed me somehow or other I
got away from him. I od htm that he
hurt me.
"He said: 'If you don't come over there
and I have to wait until the Saratoga
meeting, I may never see you again. My
horses have gone back on me. I've lost all
that money. Now I'm losing my little girl,
do you mean that?'
"He grabbed ma and hurt me so badly
that the tears came to my eyes. I tried to
struggle away from him again, and had
to bend away over.
"There was a flash the end."
"You heard a report?" her lawyer asked.
"Yes."
"I had not seen the pistol. Mr. Young
fell over Into my lap, got half way up,
fell again, and I thought he was having a
spasm. He kept twitching and twitching.
I called to him and tried to make him
answer, but he would not. I believe I
put my hand up and told the cabmun to
drive to the druggist's. I don't know
whether I did, that was my Idea, and it
sceme'd oh ages before I could get anyone
to pay any attention and help me.
"A policeman got In the cab and I felt so
relieved. I knew he would take care of Mr.
Young. I eeemed to be dazed In my memory
after thAt."
"Nan. look at me. Did you shoot Caesar
Young?" asked Mr. Levy. '
"Mr. Levy, I did not have any pistol to
shoot Mr. Young with, and If I had "
said the witness In trembling tones.
Assistant District Attorney Rand objected
to further answer and was sustained.
"Did you or did you not shoot Caesar
Young. Nan?"
"I did not. I would give my own life to
bring him back If It were In my power,"
Bhe answered.
In answer to further questions she denled
the purchase of a revolver at any time and
said Bhe had never seen Pawnbroker Stein
until he appeared In court. She also said
that she had seen Young the night before
the shooting and that there had been no
quarrel, and that he did not slap her, as re
ported by a witness for the prosecution.
Testimony of Other Witnesses.
After the court opened Mr. Levy waived
the privilege of making an opening address
and called as his first witness Ida V. Town
send. She said that on June 8 last she was em
ploy ed as a telephone operator at the St.
Paul hotel, where the defendant and the
Smiths resided. The witness recognised the
defendant and said that Nan Patterson oc
cupied an apartment at the hotel. On the
evening of June S Mlsa Patterson cams to
the desk and told her that If any one else
but Caesar Young called for her to tell
them she had gone out to dinner. Later In
the evening Young called up and gave hei
' HE MEANS SCOTTS!
Your doctor says you must
tak cod liver oil. Probably he
means Scott's Emulsion be
cause you cannot take the
clear oil; no one can take the
clear oil who, needs cod liver
oil. The doctor understands
that and doubtless means
Scott's Emulsion of cod liver
oil which everybody can take
because it is emulsified and
prepared so that it can be
very easily digested by the
most sensitive stomach Most
everybody likes it.
Wi11aMMiasMfcni
ICmtlOrilI,MrMd(MH,gVfTt.
I
a message, whlrh was delivered to Miss
Patterson.
Edward 8. Crnssmsn. s clerk la an Eighth
avenue confectionery store, said that Young
used the telephone In the store shortly after
7 o'clock on the morning of June 4. Ac
cording to the witness, when Young got his
connection through the central office, he
said: "Good morning. How do you feel
this morning? Hurry up and get dressed
and meet me."
Saw Yoaaar Shoot Himself.
The first alleged eye witness of the
tragedy In the cab called by the defense
was Milton W. Hsielton, an Inventor. Mr.
Haselton said he was visiting In New York
early last June and was on West Broadway
on the morning of June 4. He was walk
ing slowly slong when he saw a hansom
cab approaching. There were two persons
In the cab, one a woman, whom he Identi
fied aa the defendant, and the other a man.
As the cab neared him he raw the flash of
a revolver.
"Did the nun have the revolver In his
hand at the time of the report and the
flash?" asked Mr. Levy.
"He did," replied the witness. "He had
both his hands raised above his left shoul
der. As the shot rang out the man's head
fell Into the woman's lap and she placed
her hands on top of his head."
Mr. Hazelton said there was a man with
him who also saw the shooting. It was this
stranger who called his attention to the
cab. Who the stranger was he had not
the slightest Idea. He only knew that the
stranger was a Free Mason because he
had given a Masonic snlutation snd had
said he was "from the Rocky Mountains."
He had never seen the man since they stood
together on West Broadway and watched
the scene In the cab. The witness Insisted
when cross-examined by Assistant District
Attorney Rand that he had a clear view
of the cab and that, although he Is a nold
man, his eyesight Is very good. He had
hesitated before making known what he
had seen, but two weeks after the tragedy
decided that he could not In fairness to
himself or the defendant In the case stay
In the background.
BARER WINS ON HIS APPEAL
(Continued from First Page.)
couplers used, while In a measure comply
ing with the law, were of different patterns
and consequently did not work. The courts
below held that the railroad had complied
with the law, but the supreme court today
holds that the spirit has not been compiled
with. Hence, judgment Is reversed and a
new trial ordered.
Shaw Has a Close tall.
Secretary Shaw, while crossing from the
Rlggs hotel to the treasury this morning,
waa almost run down by a street car. He
failed to notice the car going east on Fif
teenth street, and was saved from serious
Injury, if not death, by falling on the
fender of the car, which carried him a con
siderable distance before it came to a slop.
Beyond a few slight scratches on his
hands the secretary came out without any
aerlous hurt.
Millions for Public Buildings.
Secretary Shaw today transmitted a let
ter to congress suggesting an appropria
tion of 110,000,000 to be expended in the
erection of pub 'a buildings upon sites
which, under previous acts, have been ac
quired by the government, but for which
no money la available for the actual work
of construction. There are two auch casea
In Nebraska, namely Grand Island and
York. In Iowa the government haa secured
sit as for public buildings at Des Moines,
Maacn City, Muscatine and Webster City,
but there Is no money to start actual con
struction. Ther re three Iowa ppstofflces
which Secretary Shaw " thinks should be
generally repaired and additions made
thereto. These are Council Bluffs, Cedar
Rapids and Ottumwa.
Judge Klnkald, who has two bills pend
ing for public buildings in the Sixth dis
trict, one at Kearney for $136,000 and one
at North Platte for 2110,000, has been in
dustriously laboring with the public
buildings and ground committee to secure
as favorable treatment for public build
ings In his district as accorded other dis
tricts In the state. He said today that the
mention of Nebraska In the committee
brought consternation, for It wus repre
sented to him that Nebraska had public
buildings out of all proportion to the size
of the cities In which they are located
aa compared to cities of other states and
that he wouid have to cut down his esti
mates very materially If he expected fa
vorable legislation.
Postal Matters.
Postmasters appointed: Iowa Ann Grove,
Davis county, J. W. Proctor, vice O. K.
Day, resigned; Weller, Monroe county,
Mary Griffin, vice Mrs. Annie Griffin, dead.
Rural carriers appointed: Nebraska-
Alma, route 1; Allen
G. Callison carrier; i
Btltute. Hartlngton I
c i
Emma Calllson, substit
route S; Oscar W. Olsen, carrier; Cornelius
Olsen, substitute. South Omaha, route 1;
Detlef Dickman, carrier; August Dlckman,
substitute.
The application of W. O. Shaffer, A. H.
Shaffer, W. N. Nesp, L. Padden and T.
K. Young to organize the Second National
bank of New Hampton, la., with 250.000
capital, was today approved by the comp
troller of currency.
Short Session of Senate.
WASHINGTON, Deo. 19 The senate held
a session of three minutes today and ad
journed until Wednesday. Mr. Perkins
(Cal.) had been designated to preside by
President Pro Tern Frye. There was u mes
sage from the president, a message from
the house and a motion to adjourn until
Wednesday. All the motions prevailed.
Asks Money for If an II.
WASHINGTON, Dec. 19.-Secretary Shaw
today transmitted to the house an estimate
from Secretary Metcalf of $140,000 for a
lighthouse tender for the Hawaiian Islands.
FIRE RECORD.
Deadwood Creamery.
DEADWOOD, S. D.. Dec. 1. (Special Tel
egram.) Fire this morning destroyed the
plant of the Dakota Creamery company, to
gether with a large amount of manufac
tured atock, Involving a loss of from 110,000
to $12,000, partly covered by Insurance, with
a number of companies. The fire originated
In the boiler room of the plant and was not
discovered until almost the entire building
was ablaze.
Checker Players to Meet.
STORM LAKE, la.. Dec. 19. (Special.)
The Iowa State Checker association will
hold its second annual tournament at Web
ster City January 3-5. The method of
counting and prises to be given will be de
cided on the first day of the meeting. Coo
tests are open to all Iowa checker players.
Scarlet Fever at l.ogan,
LOGAN, la.. Dee. 19. (Special.) A new
case of scarlet fever has developed In the
family of H. J. Farlow, a Logan real es
tate dealer, who lives In the north part of
town. A small child Is afflicted with the
disease. Farlow's family was quarantined
for the same disease about a year ago.
Court at Laiss,
' LOGAN. Ia., Dec. 19. (Special.) An ad
journed session of ths November term of
the Harrison county district court, which
will last one day only, will convene at the
Logan courthouse on the morning of Satur
day, December K Judge O. D. Wheeler of
Council Bluffs will preside.
COMMISSION MARES REPORT
Interstate Commerce Body Telli of Work of
ths Fait Tear.
SAYS THAT MORE POWER IS NECESSARY
Commission Khsald Have Illaht to
Fix Rates and J.et Heads Make
Showing- to Court If
Dissatisfied.
WASHINGTON, Dec. 19-tSpeclal.) In Its
annual report the Interstate Commerce
commission says In part:
The commission calls attention to the
fact that there has been no amendatory
legislation conferring power over this rate
and making the orders of the commission
etteclne. in the present state of the law,
after careful and often extended Investiga
tion, the commission may find a rate com
plained agslnst to be unreasonable ana
order the farrier to desist from charging
that rato for the future; but it cannot,
though the evidence may and usually does
Indicate It, find and order the reasonable
rate to be substituted for that which has
been found to be unlawful. Any reduction
of the wrongful charge amounts to tech
nical compliance nnd frees the currier from
any. legal obligation tinder the order. The
commission can condemn the wrong, but It
cannot prescribe the remedy. Two cases of
unreasonable rate decided during the year
are cited as showing some reductions from
the rates found unreasonable, but which
were not so great as those recommended
by the commission.
Carriers are entitled to Ignore the order
of the commission and swait the Judgment
of the circuit court upon s petition by the
commission and another trial of the Issues
In that court. The more Important the case
may be. the greater the benefit conferred
upon shippers or communities, the less
likely Is the orjer of the commission to be
obeyed. The commission must not only
render a Just decision, but one that Is con
vincing to the carrier, to afford the relief
from unlawful rates contemploted In the
statute. If the decision of the commission
Is right, the public In entitled to have It
go Into effect. If It Is wrong, Its operation
could be enjoined tipon showing to that
effect hy the currier in a suitable and sum
mary proceedings In the federal court. The
amendments to the statute recommended
by the commission involve no fixing of
wnoic tariffs of rntes In the first Instnnce
or at any time, but simply the redressing of
transportation wrongs shown to exist after
full Investigation, during which all affected
interests have been heard: nnd when an
order Is Issued ngnlnst a carrier nnJer
such procedure. It should bv operation of
law become effective upon the dnte therein
specified.
Moeh Injustice Practiced.
In the fixing of rates by carriers upon nil
commodities for transportation in all direc
tions and between all points reached by
railroads. It Is inevitable that much Injus
tice, unfairness, unreasonableness prefer
ence and discrimination will be practiced,
notwithstanding the greatest care and
ripest Judgment may be exercised by the
railway officials. These errors of Judg
r. fnt on the part of the railway officials
constitute the reason for federal regulation
and the basis of the present widespread de.
mand for an amendment of the existing
statute which will enable their speedy cor
rection. The commission nlludes to the persisted
misrepresentation by manv who are inter
ested in opposing this legislation, that the
amendments desired would confer upon the
commission the power to nrhltrarilv Initiate
or make rates for the railwavs and that it
would he most dangerous to place this vast
authority In the hands of five men. espe
cially five men who have had no experience
as railway traffic managers. No such power
has been asked by or Is seriously sought to
be conferred upon the commission.
Asto Accidents.
The number of trainmen killed In coupling
accidents during the year was 278, and the
number Injured was 3,441. A large propor
tion of these deaths and injuries were due
o defective equipment, compelling the men
to go between tho curs to couple and un
couple, and might have been avoided had
proper attention been given to the main
tenance of safety appliances. When the
same attention that is now devoted to pas
senger equipment is given to freight equip
ment the number of deutha and Injuries
will largely decrense.
The great Increase in the number of train
accidents during the year has led to wide
spread discussion and the causes assigned
for various accidents have been numerous
and conflicting. Among those mentioned
are laxity of discipline, long hours of labor,
employment of inexperienced men, over
taxing the facilities of handling business,
influence of labor unions and manv othurs.
Ine fact that there exists so wide a di
versity of opinion on this Important sub
ject and a careful ex.iminuti.,,, n.
porta sent in by the railway companies cov
ering the more serious accidents suggests
that If the public is to be supplied with
run and accurate Information concerning
the causes of such accidents the facts ought
to be made the subject of impartial In-
on Demur or the government,
and various reasons for such investigation
or railway accidents by the government are
":- iui in in ine report.
Heerlpta and Expenditures
ine numDer or prosecutions for viola
tion of various provisions of the safety
appliance law Is noted. None of the suns
lo ,rla'. ana in most c;i the
suits have been settled without trial by
the ronds confuxsinir liiomr ........
promising the amount of the penalties to
., ""'" "r leua extent. These prosecu
tlons spur the roads to activity In main
luining tntir sauty appliuncea in better
condition.
On the mileage stated (209,002 miles) the
ri, H , cu',""si' ot ,l10 runways were l,9i,l,
t.a,Sl. Ihe gross earnings for the previ-
w.. jqi, uii .uu.01,1 miies, were ii.yuo.Mti,
o. us shown in the final report for that
year. rxir 1H04 pasHenser eurnlnas
amounted to $539,4iS,374, freight earnings to
lu ' tt'n.l"d """cellaneoue earnings to
H".6J0,4il. The average of groca earnings
miio in mid was w.iii). 'jtils uveruue
"mi iur jwm Dy i;z, una Is higher
than the corresponding average for tiny
previous year since, the organization of thj
tuiiiuiinaiuii. kji ine groiss earnings per
..mi;, f.,um nc MBHiKnauift to ine pas
senger service and $6,69ii to the freight ser-
vu o. i mb operating expenses or the rail
ways for the year ending June 3a liw4.
as shown In the preliminary report,
amounted to $1,332,382,948, being lotiivalent
to $o,3,5 per mile of line, or 12ft) more than
for the year 19u3. Tho ratio of operating
cAjjt-iintrn in ruining" was bf.io per cent.
This Item, as shown in the final report
for the previous yeur, was 4iti.lt per cent.
The net eurnlnga of practically tho same
roads, as Included in the present state
ment, were, for the year 19u4, $i4,2;)0,lw3,
and for the year 1WJ3, $iH0,lH4,138. The total
Income of the roads covered by the pre
liminary report was $73S.i:i7.W7. This amount
includes snsi.786.tX4. derived from Invest
ments In securities of railway and other
corporations und from various other
sou rcrs.
The aggregate of all the deductions from
Income chargeable against the total In
come waa $HK2,958.t10.
Terminal Hallroads.
The terminal railroad owned or con
trolled by shippers Is believed by the com
munion to be a most dangerous means of
giving preference to favored persons. The
case of the Illinois Northern Railroad corn
puny, located at Chicago, und used princi
pally to move traffic to und from Ihe works
of the McCormirk Harvester company, a
corporation subsidiary to the International
Harvester company. Is cited as un example.
The Illinois Northern, up to l'JH, per
formed the switching service to and from
connecting main lines of railroad for from
$1 to $3.60 per car. On traffic to the Mis
souri river the main line roads granted
during the present year a maximum al
lowance of 20 per cent of the rate to the
Or. Lyon's
PERFECT
Tooth Powder
AN ELEGANT TOILET LUXURY
gsed by people of refinement
r over a quarter of a century
PRC PARED BV
. f i s i rrir-e: i
Mil
Illinois Northern. On farm machinery this
allowance or division amounts tn 1)2 p.r
car instead of tho prevlou. maximum
chsrge of Win. which Is ample- ompen-M-
iion ior me Ft-rvice. I'avment to ine Illi
nois Northern Is psvment to Its owners.
the International H.ir.rT company, and
the present allowance results in prefer
ence to the harvester rompanv of IS 50 per
car as sgninpt what other shippers would
be obliged to pay. This preference extends
also to the traffic of other Industries i n the
line of the Illinois Notthern.
THURST0NS ARE READY TO QUIT
Willing? to Srrvr If the I Insnrlal
Bardra t aa lie Lightened
Any.
Thirty-eight of the forty-one members
of tho Thurston Rllles were present at the
company meeting last night to consider tho
expediency of disbanding the organization.
The matter was discussed pro ond con,
and It was finally decided to let the fln.il
determination of the question so over un
til January 3, when It will be definitely dt
elded.
Since the publication of the article In
The Hee showing the severe financial
straits of the company, a number of bust
ness men have taken the matter up and
one or two substantial contributions have
been made to the company's treasury to
help the boys tide over their present finan
cial stringency.
Captain W. E. Hnehr. commanding the
company, has been Invited to meet with
the Commercial club at noon today to ex
plain the situation of the company before
that body of business men. He has alo
submitted a proposition to the Hoard of
Directors of the Auditorium relative to
securing quarters for the company In tho
basement of that structure for a company
armory. The matter was to have com?
before the board yesterday afternoon, but
n quorum of the board was not present
and no business was transacted. He thinks
that the matter will tie decided by the time
of the January meeting of the company.
Captain Baehr snld las-; evening: "The
boys do not want to disband the company
if It cun be possibly avoided. It depends
on what assistance we can receive from
the buslnis interests of Omaha and the
state authorities whether we quit. The
tax upon us as Individuals to keep the
organization up Is a little more than .we
feel that we should be required to bear.
If the public la not Interested in main
taining the military arm of the state, the
state can hardly expect us to be."
Knatrrn Star Klerts Officers.
MISSOURI VALLEY, la., Dec. 19.-(Spe-clal.i
The Missouri Valley lodge of the
Order of the Eastern Star has elected the
following officers: W. M., Mrs. Josie Rain
bow; W. P., George W. Burbank; secre
tary, Ueryl James; treasurer, Mrs. Alvah
Edgecomb; conductor, Mrs. C. C. Lamman;
A. C, Mrs. G. I'. Shlley.
To Cure a Cold In One Day
take I,axat!ve H mo Quinine Tablets. All
druggists refund the money if It fails to
cure. E. W. Groves' signature Is on each
box. 115c.
Karris Wants Change of Venae,
JEFFERSON CITY. Mo.. Dec. 19. The
case of State Senator Frank H. Forrls,
I'hurged with bribery while he was a mem
ber of the legislature, was called in the
circuit court here today. Fenator Farrls
was Indicted in April, 19u3, soon after John
A. Lee, I hen lieutenant governor, confessed
that he had received and distributed bond In
for Daniel J. Kelly, the baking powder
lobbyist. The defense Immediately pre
sented a motion for a change of venue.
A Ol'AnAXTEED Cl'ttl FOTt PILRS
Itching, Blind, Bleeding or Protruding
Piles. Your druggist will refund money If
PAZO OINTMENT falls to cure you In I
to 14 days. 60o
Willi the Associated Press.
diarl.. s Hmlth xuhn will he recalled ns
ft reporter on The Bee stuff during l'97-8
and again In 1!MM)1 has lveen put in charge
of the western night edltor'B desk In the
office of the Associated Press in New York
City. Since leaving The Bee staff at the
beginning of 1W2 Mr. Smith has been in
Washington, where he has had charge of
the titale, war unu rsavy ucpui inieiim iur
the Washington Times.
BEFORE YOU BUY YOUR
PIANO SEE THE
Cecilian
Self Playing
Piano
Played by hand or music roll.
This is certainly the piano
of the future. No one will
be so foolish as to buy a
piano without a player built
in it hereafter. It would be
incomplete. It costs no
more than the ordinary
piano of equal high grade.
Piano Players
AND
MusicCecilian!
Lyraphone
AND
Simplex
$175 to $250
A few slightly used Play
errverf various makes
$50 to $175
Music at half price.
We conduct a music li
brary for nearly all makes
of Piano Playein.
Piano Players for rent.
OPEN EVENINGS
We expected to be at our
new location. Harney ant
16th Kts.. before thin. Now
we do not expect, to get there
before January 1. Therefore
we welcome you to our old
parlors, Arlington Hlock.l
151113 Dodge Ht.
I
Pjll
PLAYER C0.
I tSBBBBBftEBB SSSSsBbBBSbSBbBSbHbs!bsW
SeYenty-five Yeais Old,
Catarrh of Ihe
Bowels Cured
Cantata James JnhnMnn Retired Army
Officer Hying nf Old Aae, Says TO.
M-TO . Dr. I.nrrnti-. Laxative
Otters ass Him aa Well aad
strong as KO lears Ago.
CAPTAIN JAM KB JOHNSTON
"I nm 73 years old and for some time
have been suffering all the Ills of advsno
mg old age. 1 was weak, thin, nervous,
run-down; my stomach nave me consid
erable trouble, and my sleep was so broken
inai i was just us tlreit when got up in
the morning as I was when I went to
bed. Doctors said my constitution wss
breaking up as a result of old age, and
that I might look for a nervous collapse
and the end at any moment. They pre
scribed n tonic and a stimulant.
"I hoimht a bottle of TO-NI-TA. besan
taking it as directed, und the. effect was
Instant. I slept better, mv digestion Im
proved, and I began to pick up In nesn.
TO-NI-TA seemed to tone up my whole
system, and 1 wus soon as strong, vigor
ous and healthy, mentally and physically,
as I wns twenty years ago. I can now
walk long distances without getting tired.
I nave tnken no other medicine, so thst
to TO-NI-TA alone I owe my life nnd
health. It brings to the aged the bntiv
ancv and hopefulness of youth, and should
be known to the whole world, especially
to those whose falling strength requires
the rejuvenating powers It possesses.
Yours thankfully, .lumen Johnston, 246A
Monroe Ave . Hrooklvn N. Y.
MIM.K IIOTTI.K KltK.K
That everyone mav test Its wonderful
curative properties. Dr. Lorentz, the dis
coverer of TO-NI-TA. has msde n special
arrangement tbut every reader of The
Omaha Dnllv Ttee mav receive a sample
bottle of TO-NI-TA bv mal free, together
with his medical hooVlct. Write Dr. Tyr-
ents Medical Co.. 4,"2 Fifth Ave.. New York.
A SKIN OP BRACTY 13 A JfY FOPEVEIt
t
R. T. PKLIX OOrjRAtTD'8 OKIKNTAI.
1 CKEAM.OK HAUIUAL HBAUT1FIKH
HmoTf Tn, Plmplei.Frscklss,
. lnth raichta, fuh, and Bkln
dlMMet, and erary bUmlak
.on nentiiv, ana
Vtofle detection. II
n tool lb trrt
of 66 vpsra. snd Is
'to harmleM ws
iuic it to b sure
It u properly msds.
Actept do counter,
felt of ilmllsr
asm. Dr. L. A.
8vr mid to a
U(r of Ui hnt-
ton (a pauenin
'As yon ledlaa
will MS them, I
rsoemmssa
'Gtunud't Crasm'
a ths leut harmful of all the (tin preoanttlooB.
For aala by all Iirnnaiita and Fancy Goods Uealers
In tho V. 8., ( anartaa. and Jtnropo.
FERD. T. HOPKINS. Prtp'r. 87 brait Joimb St. R. I
THE FAME OF SAPO.
LIO has reached far and wide
Everywhere in millions of homes
there is a regard for it which
can not be shaken. Sapolio
has done much for your home,
but now for yourself have you
ever tried that "Dainty Woman's
Friend" HAND SAPOLIO,
tor foilet and bath?
BBS
Chiropractic Cure
All diseases cured by spine treat,
ment done by hand. Cures Asthm,
Kheuntatimn, Kidney Troubles,
Hright's Disease, fit. Vitas" Dance.
Kits, Headaches, Neuralgia, Lock
Jaw and other aliments, too numur.
ous to mention.
'2509 Q St.. So. Omaha
Office hours, 9 o 12 and t to 8 p. m.
Trunks, ,
Suit Gases and
Traveling Bags
We have just pur
chased a traveling
man's entire 11ns or
semples nearly 100 of them at a big dis
count. No two allko some handsome ones
among them which we will sell at a big
reduction.
Our u.OO Suit Case, all leather, hand
riveted, 22-Inch, 24-lnch end 2ti-(noh, Is ths
best made for the money.
ALFRED CORfylSH ft CO.
Telephone 2314. 1210 Faroasn St.
AMlsEMEXTS
Tonight. Tnesday aad Wednesday,
JOin C. KISIIKR PHESKST8
The Big Musical Comedy
SAN TOY
Waa
James T, Power.
CNtlOHTON.
WKW 'PHONE. 4ft.
Brary Night Matinees TnuT.. Bat., Iu
MODERN VAUDEVILLE)
runrtolH A Carleton. Sullivan A Pas-
quelena, Campbell & Johnson, HaaWngs as
Burns, I. a Tina, James K. McTJomUd, Es
meralda Hlsters ana ins mnoarome.
i'KICtia 1. s. oo.
15-25-50 753
TOJIUIIT AT HilS
BEN HENDRICKS IN
OLE OLSON
Thursday McFadasa's Flats.
A GRAND BALL,
will be glvso by
Oaifci Hebrew Camp No 4944, M. W. A.
t Metropolitan Club
Christmas, susdsy E Da. 2$.
A good tloia and good ratulo. -
dailssJsa, (Oc par CMpis,
T
MS y
mil J tJh
