THE OMAHA UAlLl 1TF 1 t IAY. JAXTAr.Y 10. ISA."..
to
BR0I5 TO C1ERT THE VOTE
Elector! TU tt feVtuta h Oatt for
OFrtClAU CHOU FOR NORFOLK ASYUJM
Mivr iiMtH Ya h
Will Hah fc BeaaaJa.
J Aaa
(Hslrwal PwlllMh
(From ft CorrafeiSsret.)
LINCOLN, Jan. (i-laX M. A.
Rro-w r C earner will rarry the m4c
toral vn)i nf NraiVa U Waahinstoa and
turn It e-vsr tw prasaaerit of th enatw.
This was derided at a VMwtina f th elee-
lor In th cfflea 3wrnor Mlr-aey thlB
afternoon, n id lwUn Mr. Brown aa
mimiitw, la alaotora east lht
fur Praa Uwt Reearlt arid Bmalor Falr
t.anka for . ptaldant ana wle preasfjerit.
Mr, Bmri aa mwnaer will r1
f nu a mil frr hla lutla jaunt flown ta
Washing-ton. Ad wf tha alactora wr
Iireet at th aiaattnc.
Aarlwa OSaetal .
It. J, M. iMM of na, Plere eemntr.
wa thia ifltnwn pplnt4 Ky Grrremnr
W.r'T aapar1titmdMit and pp. T. 8. Wlrhol-
m wa arpeOHad far aafrit of ta Nor
folk Inaana airj-rum. Th eommlaalon win
6at from May 1. at which tim K li I
ivM tha tmildlnc will be la hap for
th rwoeptloo ef Inmate. Tr. A0en waa
a member of rha aenala two rear "
nd a cnnwiaerabl portion of hi time waa
ImMKl to working cp entlment In fare
f tha bill prortdlnK for tha reeonatrortlon
f the Trnm.
Tn. Aidrn Is a eatlv of New Tork. tiar
Ir.f been bora In Onrc eotjnty In 1MT.
He arent tha first year of hla Ufa on hla
father' farm aad later waa graduated from
Ihe Jefferson Medical coll of Fhriadel
thia Ha came ta Nebraska In IMS and
In UXl waa a member of tbe hone ef rep
reenta.rJTee. He la manied and alnre com.
!r, to Nebraska haa been arttve In the
T-raetloe of medkine. lr. Nicholson ta
from St. Paul and la now attending tbe
Army Medical nolle In Washington, he.
Ing been the only member of the National
Uoard ta take adrantage of the govern
ment'a free tnltlon pronoatUon,
Now that ha baa made a etart In tha
matter of appointment a Oorernor Mickey
Intend to clean up the platter In a abort
time and time relieve th tension of the ap-t-olntee
at tbe elate hovae. tt la eefe to
way that all tbe old superintendent "f
staf Inerttwrlon will be retained. The In
stitution bare been well managed and the
tnea have kept In elnae toti:h with the
governor. The governor will not have tbe
trouble thla year In making hie appoint,
tnente be did two rear age for the reaeon
be know who he want now and two year
ego he had to relr nnon the enfloreemeuta
furnished Wy the apttlcanta to know their
wiwth.
Werti Kle-rle Pleat.
E. W. Urtiurlg. manager of the Weetem
Kleotrtca "Kinply company of Omaha. wa
here today and announced that he would
begin work within tbe tietrt two week on
tli wiring of th city for the new munlclnuJ
electrlo lighting plant. While here Mr.
fvJiurig telegraphed tit tbe thirty-five foot
polea. He baa now ordered all the material
that win be ueed. He erpecta o b'gln
V4orb with three gang of men. moet of
w oom will be residents of LJucoln.
Te Peer Aasel.
Alhert Blanker, con1rted or forgery
In the Key fit), county district court
laat fall, ha filed a poverty affidavit
In tbe aoprem rvurt otatlng that he haa
no fanda wltfi Wblrb to pay the enets of
tbe appeal. He; waa sentenced to aerve
five yeara In the penitentiary. HI affidavit
recltea that lila aipeai 1 now being pre
pared. Mattatrlaaa fee Ocmeeawtive).
The Conaumption Core and Sanitarium
company of Faila City, with an authorised
capital etock ef SS.OTO, baa filed artlrlee of
Incorporation in the office of the secretary
of atata, Tha lncorporatora of the eon
cern are W. J. Bevenson, J. M. Houston.
Ueorg I. Hlnton, T. C. Wiser and A. E.
Gantt. The purpoae of the company Is to
taka eonaumpttve patlenta to Arlsona ter
ritory for tha purpose of effecting cures.
Fellatwlag Oeveraaieat Pleas.
ohn A. Plltar of Dawea coupty haa
mad appUoatkm to the Ptate Board of Ir
ligatlon for a project to met n.3na Ha
What To Do
for Heart Trouble
t luk s saw advice with this Re-asarh-akle
OsTer A Pall n liar's
Wertk mt asy Iteaaedy Pree
to Preve tkat I aaa Riaht.
I ask ae ret-essos, ae Is-salt, ae essantr. Then
1 aetalng te i I. astatag te say ettssr sew er
isue. Te aar asut auasrar wee has est trt-4 au
fear Or. Ibn l-Miani 1 will (Italy gt.
fret, aet a swrs suspl. kat a fail asllar asttla.
I us wsrrasts ra sMkisg tale aaasusl saw
rsast bus w ae erlas-y taatelr. tt aet
rsialr try t sUstulsts the beuc gaok tiisnnn
tm worss tasa asiUsi II gosa aualgkt te the
esust at all asut trash! the semit asrvss sa
strssathsns thma ana Tttalls-s tksa aae
tbeak TM tkst Is the eaf e aesit 1ssiss,
Vtr taa heart KMlf ass as Bars sslt e-atral thsa a
ruBisxai ssoes. It Is aat te let hr a.tas-r
tiar-s as unr that tt la eosrssly vtsisie U Ue ssk-4
vrs. yt isa tkousu4 tlBMS a this susus
mtn ansa amass las heart te ean as esetiau.
Ts bsit is shout th els el reur ellarhss m.
Om ss elosa your tat s eosaa ttataa, ova, ant
Ton em see ta asaatnea Isaer this Hole ear
meat eo.
Ihs baart asrva Is saly sas at tha bfsaehas si
His crasi arauiathstla aaraeus srstaaa. Bauk amatt
at thia aratem ai so oloaaif sllia with ihs eiaara
that snii isi a li ituUrtty at say aslst la a u
apraed. Uart troua nveeauUy ansas fnua
riiisia- treeei thrsash systsstlir. ana Kianor
trouWs star aJss Mloar. Far sea t tfeass ersaae
ta ovafau hr a brush at taasa saiss ajruiasthMia
aar-as ths testa 1 m.
Tbs bos ef ajaiaeihy batwaas U aatvas that
operat ta vital eraus haa a asarul yurpsaa, aa
Far aal WIU aura wasksaaa II soa Wutk
will sandy ear aaahaaai la eaetr braach ehat
will l -lima ens esaiar. arlU eursly raaxora thaai su.
Tbsr la eatbisf sew a boot this sothtiie anj
pbTatoiaa wsal4 atapava. Bat tt raaula4 far L.
asssy ta apply this saoarUs ts put tt ta ptsotiosl
uss. Dr. absos's KaatetaUT si taa result et a
assriae eaataT at asaasaar aleaa this varr lias.
It as est ease the ersaa ar aa tha aaln but
n Sees a at eass a tlia aaras the Isaisa ssra
taa aewar sin isl bulla II as. as aueaaibaua
U aa4 auaaa tt wsit. V
It rae bavs baaf tfeabls as kaas sarar tn4
mr !BMto. isnlf nta a4 sjA. 1 will east row
ss eraav aa your eraesisi wbiah he will srosst aa
(la4iy ss ho weal eussst e aallar. Ha will baaa
yoe fill hla slvlaas a siaaesr aa hauls si sir
riwerisuae, aa ha will sas iha bill to a. Th.
otar it an si esly aa stiwuewa is sir r .
Taaaa was havs aaas eaa tha Kastaratiaa So eut
tint tbia silsaena, Theeo era so oaaaitleno ea
mi Iisamm at si saoa ss trass sa tair. It la
tea aasfosaa tsst e mj IIU'lM itmt. all that I
sa yea ta as k. is wen witie ismr.
Par a'rraa eraar tor
a full aoiisr bat' is roe
MM s 4 r a s a lia.
Sl.aoa. Ka, itiy ttaatsa.
Wis. tM wsbai boatt
yoa asst.
I ee Ptar sails.
ss tsa Hasrt
sa tka Kiasars.
tor Washes.
I tor Use.
es BnovBMilaat.
Dr. Shoop's
Restorative
proof as ta ntiltxe. the water ef a dry
creek ran. This toothed of s-f-aru.g water
with whicb te Irrigate amajl tracts is
gaining in popularity. RmaJ canyons are
being damioed tip for reservoir purpose,
thereby fcrniahang a water aupply that
cannot be eerared from etream which are
fully apiTT'priatcd.
laterewttavg Lw faee.
Brief In an intereatlng law' ruit, en
UUed Bylveter H. Kneel and against Wil
liam W. Welgley. were filed in tbe supreme
ooort today. About thirty yeara ago, ac
cording to the brief. Knaruuid waa a rail
road contractor and got bold of conjider
able railroad scrip with which be purchased
a farm. In in be sold the farm to hie
brother, but the later being a spendthrift,
Bylveeter Kneeland kept the title In ordf r
to keep hi brother from disposing of the
land. Th brother made Improvements
and haa been living on the farm ever einre.
Bvmt time ago Welgley secured judgment
agalnat Sylvester feLneeiand In New Tork
and at once run an attachment on the
Nebraska land. Sylvester Kneel&nd filed
hla answer to th suit In th lower court
to which a demurrer waa filed and sustain
ed. He asks the auprem court to revere
th decision of the lower court
Th executive committee of the Traveling
Men's association met this morning and en
dorsed the candidacy of O'Neill Carson,
on of Jamea Carson, a traveling man. for
the position of page to Rpeaker Rouse.
GOOD lEAMt FOR "ITJAR BEHTf
Oa Maa Paya ler Paras fresa Pre
eeeds ef His Crop.
GRAND ISLAND, Jan. I (PpeolaJ.)-lt
ha been heralded quite widely in recent
week that th ugar Industry in Nebraska
was about to flsile out the removal of the
Norfolk factory marked tha beginning of
the end. Th pesults of th operation cf the
Grand Island factory for the campaign
about to cloae testify quit to th con
trary. boweier, nor ar the representa
tives of th agricultural department of th
local company willing to oonoede that such
a conclusion Is logical. The figures appear
to show, rather, that the Norfolk factory
was less favorably located, than that the
Industry cannot be continued anywhere lit
Nebraska.- Never beore In It history has
the local plant had such a large output of
sugar nor ha there ever be Tore been de
livered such a large amount of beat's.
Including freight, the beets have this year
coot th Orand Island factory an average
closely ept.rokima.Ung (5 45 per ton and
next year will approach the price of H per
ton, Including freight, etc In the factory
an average of 120 men have been employed
during the 110 da' run. twenty men era
on the annual list, from two to fix men are
engaged at Ui weighing station lotig the
line of th railroads during the weighing
season and fifty men will be employed for
a month In summer, when the syrups re
malnlng over from the camui;gn will be
run through the Onmose process, made Into
yelloaa and In the fall again made Into
w hite sugar.
The agricultural agetita are already tak
ing new coutracts and are meeting with
encouraging success. It Is suuroely e
pected that the acreage will be as large this
year as last year over .niO for the reason
that the 12,000 tons of beets worked up at
Norfolk thla year could hardly tie worked
up in addition to the long run here.
Contracts are taken from thrne aire up.
The largwt Individual contract this year
waa held ry Oeorge Clerk at Gothenlrg.
who had 120 aiTua. It la related nt the fac
tory that one man In the western part of
the siste. or what la known here aa the
North Platte district, aucceeded In clear
ing an entire farm thla year through tbe
agency of the culture of beeta. He bought
the farm without a dollar, went largely
Into the beet business, struck a very favor
sble season and was sble to pay for th
farm after he harvested and was paid for
the beets.
COOK
DIUI IKED
HER
SEX
Weasaa at 0'I1! la tteareh ef Hit
fcaad Peses aa a Mas.
O'NEILL. Neb.. Jan. SpeHal?-The
Dewey hotel at thia place haa lost its man
cook and thereby hangs a tale. Borne time
"0 a well dressed spjiearlng man giving
his name as Bert Lewis came to O'Neill
and after staying In town a few days ap
plied for a position as cook at the Dewey
hotel and the proprietor being In need of
an all-around man who could cook, drive the
bua, take care of the horea etc., gave the
young appearing mun the position.
Everything went on lovely until yester
day evening, at w hich time it was discover
ed that Bert Lew-la, the popular cook at the
Dewey hotel, was a woman. During the
time Mr. Lewis was In O'Neill he was quite
popular and some times drove the bua,
carried grips, curried burses, and with all
was considered a first claaa cook. When it
was discovered that Bert , was a woman
th city marshal. Bennett Martin, and
Sheriff Hall were called In for a consulta
tion. Bert promptly owned up to being a
woman, said her name was Mrs. On p.
Bwsgert and that her former borne was in
Waterloo, la., where her widowed mother
now lives. 6he explained at first that she
could aecur better wage a a man cook
than as a woman cook but afterward ad.
mltted that her husband bad some time
ago left her without leaving his future
post office address and that aa a matter
of fart she wa now and bad for aome
Urn been looking for him. She was In
formed by Sheriff Hall that she must
either wear woman's clothes or get out of
town and sh chore to do the latter snd
sens thereafter packed up her belongings
and departed.
PISD WAT TAXES . DELIXO.rEKT
O'Xelll Dlacarvera Maeb Meaey Haa
Bs Iseal Re fere Rewef e-d.
O'NEILL, Neb.. Jan. . (8peclnl.) Since
th announcement that the O'Neill school
dlstrk-t outstanding registered warrant
amounted (e approximately SJ3.ono there has
been considerable talk of retrenchment but
ne definite action baa been taken, all par
tie apparently being eo much surprised at
th showing that they desire further In
vestigation. It appear to hve been the general jl.lley
of the school boards to make a calculation
as to the amount of revenue due the dis
trict by computing the mill levy each vtar
en the total assessed valuation and then
proceed to spend that amount when as a
matter of fact only a portion of the taxes
due In the city have been paid. ' An ex
amination of tha public records disclose
the fact that In the city of O'Neill there is
delinquent real estate taxes to the amount
of mora than M).nii. n many case the
projierty I not worth a much as the de
linquent taa agalnat it. Th new Com
mercial stub recently organised promit-u
as tabs up th qusstioa f delinquent taxes
and . aa effort t selv th problem
la seme way, but just hew, ne on setms
le kaow,
Fal Asaoctlatlaa Psaaparaa,
OSCEOLA., Nab., Juu. a. ioo i.i-l o.k
County's Agricultural Society wa nver
mar proaperou than at the present time,
and It will only be a abort tim when they
wlll b entirely ont of dobt and pay Guv
amor Micker for th twenty aure cf
ground. for tl baa almost mMiey
nocigh. and tbe it win bat a horn
a lung as tt uses it fur purposes of th
eeunty fair. The governor baa bn tr
liberal with the fair people, and if lie
wauled I h could get mur than twenty
time what fit fair people pay tim. The
aorjetv had Its ax.nual meeting lat Ratur
day, and elected as officers: President, l
K. Mctitw; vice president. John Povey;
treasurer, I 'rt -r Nelon; secretary, Orant
T. P-a.v; svpenctendT.t cf grounds, C J.
j Prown; sui-erlntrndent of peed, Tt. M. V.
i Ej er?.
IRt t MTAM E POIT TO MtRDER
Maa pewad Dead at Asaee Probably
Killed by Cesspaalea.
FREMONT. Neb.. Jan. a Special TJe
gram.l Develr.jiroenta this afternoon Indi
cate that the man found dead at Artie
Friday afternoon was murdered. D. Eilaw
of this city identified him this afternoon as
a Jew if r Jur.k peddler who wa In the city
a few da agr. with another man. also a
Jw. The other man was coesiderably
younger. H had a smonth. round face and
appeared to le a jrtner of the dead man.
They ciaimed to be from Omaha Friday
afternoon two boys by tt came of Kavlcb
and Benson say they met two Jewish Junk
peddlers with a team between Ames and
North Ind and had some talk with them.
They told the'lnen that there was no Junk
to be had In North Bend and the men then
turned around and said that tbey were gc
lng to Ames. Tbe boys have identified the
dead man a the1 elder of tbe two and their
description of the other correspond with
that given by talks. Tbe younger man has
not been sta or heard of since. A careful
examination cf the head of the dead man
this afternoon shows no powder marks or
burns whatever. The officers are rnvertl-ga-Ung
th case and expect to get aome
clue to the man with the team.
C R. ."TRAGIC TAKES AFSF.51C
Editor ef Rlalr Ree-eblleaw Attempts
t End His Lift with Pelsea.
BLAIR. Neh.. Jan. (Special Telegram.)
TT.ii morning about oclock C. B.
prague, editor of the Blair P.cpuhllcan.
took arsenic and for a time his life was
despaired of. but at 10 o'clock tonfght he
was much Improved and believed to b
out of dancer.
For several months Mr. Sprague haa been
In poor health and for several weeks has
been confined to his home part of tbe
time, only going to his office occasionally.
This morning he left the house for the
office and took the poison while on the
street. H then told what he had done
snd prompt efforts were made to sav hi
life.
Tt'eraaw Atteaapts Holelde.
FREMONT, Neh., Jan. f (Special.) Mra
Oueno, wife of th proprietor of a restau
rant on Main sitreet. attempted snlcld by
taking chloroform yesterday afternoon, but
wa saved by the doctors. Domestic trouble
and despondency were the causes of the
ad. After some words with her husband
she went to a drug store and purchased
some choloroform.athen going Into her bed
room In the rear of the restsursnt she sat
urated a pillow with the drug and lsy face
downward on tbe ld and soon became un
conscious. Parties in the restaurant noticed
the strong odor of chJoroform and going
back Into the living rooms discovered the
situation. The air of the small room was
so filled with the sickening scent as to al
most overcome those who came In. A doc
tor wa t once summoned snd by using
the most energetic means she was soon out
of danger. The affair was hushed up and
only became known this morning.
MrOreery Reward 1 Paid.
ITVEII-I Neh.. Jan. . fSpeclal.) Mr.
James Ceyle one of the depositors of the
failed Elkhorn Valley bank, acting as agent
for Cantain Hi. McDonald, of Fhoenix,
Arisona. has collected and forwarded to
Captain McDonald the reward due him
fne annre.hendina the ex-banker. Bernard
McQreeyy. Mr. Coylo war that be doe
Bot approve of the plan of settlement ad
vocated by some of the depositors and
says he thinks there are very few who do
favor the plan proposed.
Xews ef Xebraaka.
BEAVER CROSSING, Jan. Beaver
Crossing Is to hnve an electric llpht plant.
Mr. Johneon is one of the promotera
TABLE ROCK, Jan. t The Humboldt
Basket BhII team came up Thursday night
and played with th Table Rock team,
and at the close of the game the score
was n to a in favor of Table Rock.
NEBRASKA CITY, Jan. Rural Route
Inspector Steele of Salt Lake City Is in
the city Inspecting woposed additional
route out of this city. The route, If es
tablished, will extend southeast of the
city and will be east of the present route
No. 8."
HEBRON. Jan. 8. The Women's Christian
Temperance union held a memorial service
In the Methodist Episcopal church yester
day for Mrs. W. H. itoyes. The church waa
crowded Her pator. Rt. Kenagey. gave
a fueling address. Mr. Boyes was a great
worker in the Women's Christian Temper
ance union.
TECVMPEH. Jan. 9. The case of the
State of Nebraska against William John
son, from Sterling proclnct. has been dis
missed in Jut-tice Roscoe Anderson court
here on a plea in abatement by the de
fendant's attorney. The ease grew out
of the Thomas Churchill road case, which
has been pending tor several yeara
NEBRASKA CITY. Jan. a The follow
ing officer and directors have been elected
by the stockholders of the Nebraska City
Telephone company: President, N. A.
Duff; vice president. Henry Scbwake; sec
retary and treasurer, A. M. Munn: di
rectors, John W. Steinhart. E, A. Duff, N.
A- Duff, A. M. Munn and Henry Schwake.
HUMBOLDT. Jan. . Sunday afternoon
a men s meeting was held at the Metho
dist church in connection with the series
of revival meetings w hich are in progress
here. A large and attentive audience was
In attendance and, after some special mu
sic, a sermon was delivered by Rev. L.
Richmond Smith of the Presbyterian
church on the subject, "Man."
TABLE ROCK, Jan J. G. Simmons
of Humboldt, w ho Ik district deputy grsnd
warden of this district, installed last even
ing the following officers of Table Rork
lodge No. SS. Independent Order of Odd
Fellows, at their hall in this city: G. W.
Purrell, noble grand; W. J. Finn, vice
grand; M. H. Marble, recording Bfcretary;
C. H. Norrls. treasurer.
H I'M BOLDT. Jan. Sunday afternoon
while Rev. John Calvert, pastor of the
local Methodist church, waa assisting at
the men's meeting in the city, his wife
drove ten miles Into the country and filled
liia regular appointment at the Pleaaant
View church. Mrs. Calvert preached an
able sermon, huving bud eevcrul years' ex
perience Iri evanseliHtlc work In London and
other point in tli gland, of w hich country
both she and her husband are nativea.
TBtTMSEH. Jrni. . The play -Streets
of New Tork'" waa very ably staged by
a horn talent company Friday evening.
It waa put on under the direction of the
Ostletoim. profevKionalH. A large audl-
CONSUMPTION
Hope, fresh ait, rest and
Scott's Emulsion are tins
greatest remedies for con
sumption. Scott's Emulsion
will always bring comfort and
relief often cure. Scott's
Emulsion does for the con
sumptive what medicine alone
cannot do. It's the nourish
ment in it that takes the par
tient in long strides toward
health.
Wt'll aoa aa a aaaial awe.
soorr a hom, rsasi , y.
enoe witness d th product) in and a neat
sum wa netted for the piano f'lnd rf
the nw high hool building, Lh play ba
rn far tb&t benefit.
HIMBOLPT. Jan. I Mdam J. C
Segrlst and Ie!hi Shirley yesterday after
boon entertained a small rompanv cf
youcg married ladle at 1 o cio k "car
nation lunc heon." The parlors were dec
orated in plrk and green, wth a profu
sion of beautiful carnations. Four cours
were served and the remainder of the
afternoon spent In game and music
SEWARD, Jan. I. The following officers
were elected at the general meeting of tbe
Woman cJub last Saturday: I'restdent,
Mrs. W. H. Moore: vrce president. Mra
Jorn Strayer; second vice president. Mm.
George Drekman: corresponding S""-retary,
Mrs. John Mulfinger; recording secretary.
Mrs. Caiiender; leader rf the department of
household economies. Mra Brooks: taa-
i urer. Mrs Oeorge Mrrriam; custodian, Mrs.
L. J. Humphrey.
HUM LOLL 'T. Jan. f William H.
Lnnneke. engineer at tb Coo;r A Unn
mills and electric light plant. wa struck
in the face and rendered unconscious for
in hour or mora by a lever connected
with the dynamo, which slipped from hia
grasp. His face wa badlv hmlwl and
battered, but no bones were broken and
his physician anticipates no serious re
sults from the accident.
HVMBOLDT. Jan. The First National
bank stockholders held their annual meet
ing this forenoon in the bank parlors and.
alter going over last year's business, which
had proven quite satisfactory, they se
lected the following Board of Directors:
H. C. Klerkner. Auburn: William Camp
bell, Auburn; Frank Snethen. J. S. Pne
thtn, Thomas F. Brown, James K. Lig
gett and F. R. Butterneld, nil of Hum
boldt. The board mot at onie and se
lected for the ensuing year the officers
who have served In the pat. as follows:
PresidDt. Frank Snethen; vice president.
J. S. Snethen: cashier. J. K LiEgett; as
sistant cashier, Frank R. Butterneld.
TECVMPEH, Jan. . Peter Gabrlol hs
served thirty days in the county Jail and.
as provided by the condition of Ills n
tence. has been given his liberty upon
condition that he will forever shake ib
dirt of Tecuraseh from his feet. He Is
s young man who has many times lrn
In Jail for stealing. The officers provided
htm with good clothing snd SFked hiTi
where he wanted to go. He chose Lin
coln, for the fact he has relatives thre,
snd a ticket to that city was provided.
Should h ever show Ins face here again
he will immediately be placed back In
the Jail to serve a ufficlent amount of
time to make a P0 fine good. His last
offense wns for stealing a gold watch
from the Phelps home, south of the city.
HUMBOLDT. Jan. . A little controversy
haa arisen over the printing of the ballots
for Kichardsnn county. The Falla Oty
Tribune did the work, and at this meet
ing of the county supervisors put In a
bill lor ISO, which upon recommendation
of County Attorney Martin was cut to
$2t.a. although he asked that it tie rut
even lower, claiming that tl60 wa enough
for tbe work. Mr. Martin Is also en
gaged in tbe newspaper business, and it
is understood his paper, the Journal, will
file an appeal from the action of the board.
It Is also understood the Tribune, dissat
isfied with the allowance, will ask to have
the matter reviewed, claiming even more
has been allowed In the pan for the work
when it was lesa of an undertaking than
this year.
BEEF TRUST CASE
(Continued from First Page.)
tween the parties to It. Its purpose is not
to make good. for Instance. th le of
property with Its good will, not o be an
cillary to any other main contract.
It creates such a relstion between inde
pendent persons as will result In the con
trolling or limiting of production, the sup
pression of competition either with respect
of price, territory or customers, the de
struction of competition of others outside
the combination and the. creation by such
means of a monoioly In the modem sense
of the word. Such contracts as these. If
not universally, have by tbe great mass of
authorities been held to be against public
policv and unlawful in the sense of being
unenforclble between the parties. I must
concede that the courts have not always
made the distinction which I am endeavor
ing to present to your honors, but it exists
In the nature of things, end neglect to ob
serve It ha led. I make bold to say, to
some confusion of thought.
Wvul Pwppreas C owipctitlow.
After citing to a long lln of decisions, in
cluding those in the AiinzXoat Pipe and too
Northern Securities cases. Mr. Moody said:
I conclude, therefore, that the agreement
disclosed in the sixth paragraph of the
petition, to suppress all competition among
the parties to it in the purchase of live
stock so situated as to be tbe subject of
interstate commerce, la within the meaning
of the act and in restraint ot commerce,
because In the words of this court in tha
Northern Securities case, "to deslroy or re
strict free competition in Interstate com
merce is to rest lain such commerce."
The second main subject of agreement, he
said. Is that alleged in paragraph 8, saying:
It appears from that paragraph that the
defendants have combined and conspired
arbitrarily, to raise, lower and fix prices of
fresh meat and to keep them uniform as
among themselves. This conspiracy is ren
dered effective by periodical, secret meet
ings throughout the country by the ugents
and attorneys of the defendants. At these
meetings uniform prices are agreed upon,
due notice Is given of the prices so agreed
upon, and the defendants adhere
to the price thus fixed. That such
an agreement relates to and restrains com
merce, according to the well settled rule
of this court, is to plain that I cannot per
mit myself to argue it. The only possible
question that ought to be noticed is whether
the commerce which it restrains is com
merce among the state and therefore
within the power of congress and purview
ot the act.
t'nlawful Rebates.
Taking up the allegation that the defend
ants are not only engaged in making the
ales, but In shipping the goods sold pur
suant to th sales, Mr. Moody said light
was thrown upon the meaning of the alle
gation by paragraph 10. In which he said:
"It appears that tbe defendants are engaged
In th common enterprise of obtaining un
lawful rebate."
Further replying to counsel for the de
fendants, Mr. Moody said:
It Is not the less Interstate commerce
because the manufacturer :n one state in
stead of taking his product Into another
state for purpose of sale and there selling
it. see fit to transport it to a resident
agent for th same purpose and with the
same result. But these defendants have
not alway contended that transactions of
this claaa were Intrastate and not inter
state commerce. When they wished .he
protection of the national law they claimed
that such aales aa these were interstate,
and therefore under the protection of the
nation and their claim a been twice
sustained by this court.
Two cave cited In wnlch b said the
defendant were th real parties eatablu-U
beyond doubt or cavil that th trans
action of their agent In celling meats In
other slate than that of tbe preparation '
are Interstate commerce. He ask if those
same transaction ar cot subject to the
restriction which may be Imputed. Con
tinuing, Mr. Moody said:
Wars Oteaaa la Ceauplr';.
Th offense is complet whtjn the combi
nation 1 made. Tbe combination is not
cured of its We if perchajice some agent
ee tit to divide the carcajwe before tney
are Bold. Lat not th offense of these de
fendants be obscured by any refinement
ounonrnlng the detaila of their oonauct.
Controlling to per cent of the fresh meat
Industry of the whole country, tbey ku
down at their slaughter and packing
houses and with the aid of tbe telugrapn
through the Instrumentality of counties
agents and attorncya spread throughout
tb country, clothing their transaction and
sheltering their misconduct by ciphers and
secret ooaea lower or raise, and when thus
lowered or raised fix and maintain abso
lutely, as among themselves, the price of
exrry pound of one ot the great neoesbltiea
of life a It enters and follows the channels
of interstate commerce. This is an un
lawful restraint of oommerc among the
statea and was so deviated in the Add v.
atone Pipe cane, from which all the in
genuity of counsel cannot distinguish, the
sas at bar.
Kef erring ta tb allegation in paragraph
la, be said)
Frota this It appear that th defendant
are all engaged In tb oummun eft on to
obtain unlawful rates, whicii they subse
quently share or ioui among 'benuMUvee,
and that their acheni oun template not
only Ihe pooling ef these unlawful rata,
but tb exclusion of all outaide oompeutors
from obtain!! g them. Titers la set forth,
perhaps loartincially, a oonibtnatioa open
this ubjeot.
No competition eaa leiig endure against
these, who are aacielly and in defiaiu of
tha law enjoying ratea fur tha transport,
tiou of their property in Interstate ini
merce which I'.natliut a ir-erenc over
all othei in the same rietatsa. No more
fruitful wuv wf auitaspeiy ca twiund
than the enjoyment ef prferertlal ra'e.
The history of the country dcroocatraies
f eaasilrary as te Ba;lag.
In ct aclusion Mr. Moody said:
The-, are main uhiects cf tt tc'swful
conspiracy among lae defendant. Crher
are set forth in tbe petition, the purpose
cf which is to make m-r effective the
main con;, rarr snd rend" it la eaev
for tb dfedarts themselves to s-ap
from the perf rmnoe of the unlawful con
spiracy which they have formed. 1 iJ
now consider thee" subsidiary agreements:
First In the seventh paragrafb of tbe
petition it avpeers that the defendants hsve
agreed upon this device; In pursuance of
the rohfTlracy among tbraive their
agents b'd up the pric-e cf bve stork at
certain sic-ted times to sn sbnormal poir t
This naturally induces the shipment from
other states of live stcn.k to the points
where the prices sre bid up in quantities
much larger than t;ndr normal e nflitlons.
Then, taking stlvantag of this congestion
of the markets tbey refra n frm bidding
against each other in the purchase of live
stock, with the result that tb producer
and owners cf the stixk are forred to sll
at ruinous prices Thus the unlawful con
spiracy to refrain from bidclinr B-int
each other Is made doubly profit able, Brd
tbe great profits which come from the
transaction In turn Inc rease the power of
the combination and tend to fasten upon
the pei.ple a monopoly. The con!tiracy In
this case is an ancillary to the Hnppiracy
to refrain from bidding and to tbe creation
of the monopoly which this whole case dis
closes. Agreemeale aad rvwaltlrs.
Second It is alleged In the eigrth para
graph that for the purpose of aiding In the
rajs'ng. lowering, fixing and maintaining
of umform prices for lrcsh meat the de
fendants coilusively restricted and cur
tailed shipments of meats to the various
markets throughout the country. The
weird "conclusively." fairly interpreted,
means that tbey curtailed shipments br
agreements with each other. Doubtless
such a transaction some t.mes may be en
tirely legiumau. This consideration is rec
opnisefi in the decree, which fxcmj'ts from
Its position the curtailing of shipments
m.ide in good faith to prevent the conges
tion of markets.
Third !n puracraph S penalties are Im
p"ed egainst cdc h othf r by def'ndants for
all deviations from the pneej" fixed, which
needs no special conitneni
Fourth In paragraph S. sis ', uniform
rules for the givir.g of credits are acred
upon. This of itself mipht be harmless,
but Its purpoee u an ancillary to the main
conspiracy stated in that paragraph,
namely, the suppression of all competition
among the defendants. Tliry will not allow
themselves even to compete for the terms
of credit which may be glvrn to their re
spective cus'omers. No purchaser may go
from one to another of tnee defendants
and obtain the advantage of a singie day's
deisv In the -hipment of his bill.
Fifth The same purpowe Is behind the
agreement alleged in the 9th paragraph of
the jietitlon to make and impope uniform
charges for cartage. The price of the meat
is uniform; the terms of credit are uniform:
even the rates of cartage are uniform, and
all this comes about by the agreement of
the parties arid Is designed in the most
effective way to prohibit, in the minutest
detail, all possible competition in prices.
Reatrala Interstate (nmnirrrr.
I have now discussed, separately, all the
agreements and acts of the defendants
which wero complained of as unlawful in
the petition aiid enjoined by the decree if
the court below. 1 have endeavored to
show, with reFpect to each of them. tha.t
they relate to interstate commerce and
either rex-trained it or monopolised it within
the meaning of the law. 1 should be un
willing, however, to rest the cae here.
There Is a larger view of it to be tnkcn than
appears from the allegations In the petition
considered separately.
These dtfendunt are encaged in inter
state commerce. The jietition shows a
typical ce of interstate commerce. If
the business which they do. exclusive of
manufacture, is hut interstate commerce,
there can be no such thing outside of trans
portation. They buy their raw material,
which is gathered together from all the
catUe raising states snd territories of the
union, and sent to the great live stock
markets of the country. After they have
transferred that material into'the finished
product they sell it throughout the United
States.
Woald 9wprraa Competition.
The combination which tbey have en
tered Into is designed to restrain all tnris
business transactions, exclusive of manu
facture, by the suppression of all competi
tion therein, both in thir purchases sod
their eale. both the fixing nd maintaining
of uniform prices for their product, nd.
so far as possible, .untferm prices for their
raw material; by obtaining such unlawful
advantages as tend to create a monopoly
in a necessity of life. They cannot lie per
mitted Ingeniously to separate the various
steps of their undertaking and so deal with
them that they can b regarded as intra
state transactions. The court met and
answered such a device as this In the cane
of Montague & Co. against Lowery.
United Slates, 3. There it was truly
claimed that the sales of unset titles lu
San Francisoo by the local dealers were
considered by themselves interstate trans
actions. The could held that the sale
could not be separated from tbe main pur
pose of the combination, which was to fix
and maintain uniform prices for goods
which were the subject of interstate com
merce. Mr. Moody concluded at S o'clock and
was followed by Mr. Miller, who closed the
case for the packers.
Reply of the Packers.
Mr. Miller said that necessarily the pre
sentation of the case must be confined
within the limits of the bill of complaint
and that t-pithru could not be apjwaled
to. as attempted by the attorney general,
to make the case complete. In all other
cases of like character there had been a
distinct agreement, but here, he said, the
charges were all general and the specifica
tions were indefinite conclusions of law
or epithets.
Mr. Miller took up the charge of rebates,
and said the facta must be set up in ome
way before the court could take cognisance
of them. There was no specification, and
a a consequence the defendants could
properly respond only by demurrer.
"Suppose," asked Justice Harlan, "the
combinations alleged were confined to do
mestic commerce in the state of Illinois,
would you consider it a restraint of trade?'1
Mr. Millet replied In the negative.
Justice Harlan asked how it would be
if there was a oombinatlou of eoal mine
owners to control the price of coal.
Mr. Miller replied that it would depend
largely upon the extent of the combina
tion and also upon whether there were
state anti-trust laws. Tie present case,
he argued, pre sent no analogy to the
Addystone plje case, for in that case there
was a division of territory among manu.
facturers. No such attempt was made
In the case of tbe packers.
Taking up another line, he said cattle
remain in the yards untij sold and ae
cordlticly w-era the property of the state for
taxation and other state Issue. Henc
tbe purchase must be considered an act
of domeanlo commerce. No commerce be
ta etu the states ' was Involved. Justice
White asked a question ss to the effect
ef an agreement to fix the price of meat
In another state, but Mr. Miller con
tended that the charge in the pending
cae did not go as far as that. With
reference to the charge that the packers
bid up prices at certain places in order
to Increase shipment, Mr. Miller said If
this wa true it was evident that cattle
growers would send to more desirable mar
ket and thus cheat th packer of the end
ought.
lo conclusion, the speaker contended for
the right of the defendants for proper!
sissciflcationa It roust be remembered, be
said, that agreement relating to Inter-1
state trad were not prohibited, but that
the prohibition extended to combination
In restraint cf trade only. The purpose
of tbe Sherman bill was, be said. .to eo-j
courses trade and not to shackle it, but!
If Injunctions were to be granted on such
plea a that before the court, then tbe
end sought would surely not be attained.
H oouoluded a be bad begun, by de
claring that the method of proceeding wa
without precedent,
C..S. WLISLOV'S
sc3Ti:ina srnup
aa haa asad by Hllnna of atotaava tor tbaw
eaiidrra while Toeiaiu fur ova yirty Team,
li suuUios tua as oa, auHau taa gv.a.s. aua? a
all paia. eama wiu auua, 4 at sa boat
tat aiarrhva.
ISCITtllI rCVT A TT1.E.
LAND FRACDS B -MONTANA
rifWi TLiuiaxd Itrti "Wrair fully 0b
Uiisd Cctsr Timber and gtome Act
OVtR ONE HUVr'ID PERSONS INDICTED
Jae Overrates Hesiirrer sal Trials
Villi Preeeed Ua la Baettlas
Is ew Presort y ef
star i lark.
HCLENA. Mont.. Jim. D -Judge William
S. Hunt, in the Ututed PtiUof court here
todnv. evert uh-d the demurrers of the de
fendants to th indictment in the ess
of the United Ftates against K. M. Cob
ban, J. H. Cstlln and many others, charged
with subornation of perjury and perjury,
in connection with timber bind entries In
western Montana, and tbe ace-used will now
have to come to trial.
There are twelve Indictments for suborn
ation of perjury and ninety for perury.
Included In the defendants are many set
tlers In Powell and Missoula counties, who
ate alleged to have mad false oath In
proving upon their timber lands, which
were afterward acquired by Senator V. A.
Clark. It is charged that Cobban und
Catlin. well know u cit:xcn of Missoula.
Induced their people to swear falselj . The
Indictments were returned in June, l:n.
and the caaes have sine Wn pending lti
court.
Hlatory ef the Inn.
TS'APHINHT'ON. Jn I" The following
authoritative statement whs maile tonight:
In the hprtng if !!; the Interior ile
pai'lmcnt t informed thai extensive lurid
lrauoi were being tcriK-irMi-1 in Montana
and ldah' unoir mii Met ot congress known
ae the ilmlxr and Stone ac t
Sccretarv llitciicocK immediately et on
foot an investigation una in Montana was
discovered that at the land otli -c oi Mis
soula snd Helena many fraudulent entiles
had been niade Ji was sootk clisco ered.
It is alleged, that under the lead-rship or
K. M. oookii, a conpirAcy was oiaKinzed
and a I'M f people liv,nR In the xtc.nitv
of Missoula, nun and women, were di
rected to make applications at the land
ofhee. Undtr this act ot congress it w a.
necessary lor the applicant, when he nmoe
his application, to take an oath that the
land was not taken for speculative pur
laises. but lor hi own use and that no
on- else was directly or Indirectly Inter
ested in the pur' hase. Cobban and his
associates prepared all these affidavits and
paid all expenses arid fU. an acre "r the
laud and gave these persons from 1' to
JI' each lor false swearing and entry.
There were 102 persons, men and women,
indicted and a tiuml-r of indictments were
rieJ e'ol'han Isiiig liuiic-ted ten times
These indictments were for pcrturv and
forgery. All these lands, amounting t
some lo.'i acres, w-cre sold by e'ohban to
United States f?. nutor Chirk Iiemurrers
w-ere filed to these indictments and these
have been delayed from time to time until
now. VeMerd.iy the attorney general re
ceived the following tele pram from United
8tates .Special Attorney Maynard. dated at
lb lena. Min i.. January
"Judge Hunt overruled demurrer In
twelve FUliornation ixr.iury and ninety
perjury cases. MaviiiE exhausted all dila
tory ideas, defendants must now stand
trial."
MURDERER DIESJN THE CHAIR
ra-ro Policy Writer M ho Killed Maa
for Revenge Ksplates
His Crime.
OSSIN1NG. N. T.. Jan. 'William Spen
cer, a negro, was put to death in the elec
tric chair in Sing Sing prison today for the
murder eif Charle S. MacFarlane lti New
Tork City on June 15, WB.
Spencer shot MacFarlane, an agent of the
New1 York Anti-Policy league, in the corri
dor in the criminal court building In New
York City. The motive for the murder was
revenge, MacKailane bad been active In
running downtown policy shops and It was
through his work that Spencer, who was
employed as a writer, was arrested. On the
day of the murder Spencer was ling led
Into court by two policemen, when be sud
denly turne-d and fired two shots at Mac
Farlane. killing him instantly. Spencer's
trial was one ef the shortest on record in
New Yo:k City. ,
LONG RACE AGAINST DEATH
Mr. Kehert Medlll Patteraon e.artai
for Bedside of Uaagbtrr Re
ported Dying In Virata.
NEW TOHK, Jan. 8 Mrs. Robert Medill
Patterson. Joseph Medill I'at tersrin, her
son. and his wile, the former M.ss Alice
Iligglnbotham of Chicago, arrived in the
city today on a race against death to Eur
ope. They will sail on the first steamer
this week, their dei-tlnatlon being Vienna,
where the Countess Gyzlcki. Mrs. Tatter
son's daughter, lies critically ill with scute
peritonitis.
The Countess Gyrlckl was Miss Eleanor
Patterson, daughter of the well known Chi
cago publisher. She was married last April
to Count Gysicki of Russia at the home of
her mother In Wafhington. The young
couple have since been living at the coun-trj-
estate of the count near Kleff, Russian
Poland, and it was there that the countess
was taken seriously 111.
X cup of
Beet Tea
glvM vigor
and warmth
Ions beior
other food could b digested.
I iFRir. f OMPANY'S EXTRACT
of Bf dissolve quickly In hot
water, making i perfect beef
tea, delicate in flavor and tree
from Ut, sediment or adultera
tion. A bracer without reaction.
Get the aenuin wits blue signa
ture at 1. . Liebig a thaws above.
l" VIWl WELCOM "TO OUiTnEW MODEL FACTORY J
.None suchMince meat ;
e - a. R..L -,lk llrtel
I
a IB ot-rlB IUC lakaflgC WI1U Ull VI 1 BlUBMie I i kunteuev. itiatait. St issa g
La-Bfi..a""-" """,J
fa
WW I
BABY'S
DELIGHT
YSQAP
And CUTICURA Ointment,
the great Skin Cure.
Not only art thf y the purest, iwcctest, and
most effective lor pKserrinf, partfytor.
and beautifying the ISkin. Scalp, Hair, and
Hands of infante and children, but they
afford instant relief and refreshing' klerp for
akin-tortured babies, and rest for tired
mothers, in the severest cases of torturing,
disfiguring, itching, burning, bleeding,
scaly, crusted, and pimply skin gad scalp
humors, eczema, rubes, and irritations,
with loss of hair, and are sure to succeed
when all else fails.
Hoia threuenmn orl. CUe Ana, ej(a., hav
JT TH. S., hcejevvejal. Ac. is fn-W of I hnrau CViaMel
FUl. 2te. tT el&l nf SJi 1. PwfMHi : lMnfA. itf Cwrsw.
kraarsn : Farfe. Ra a Pala ; aVokn. 1 Couiaiaa
. 1'iitlw 1 TMf m C'he-m. Crjj., Sni. Pmpa
aTSa sa Ail Abaoi Dab; tSkia, Be., mat Ba
curse
Of
rirankraaesr. tred to May tared br
WHITE RIBBON REMEDY.
Nf taste. No dor. Am Mi'i ca- f rvc tt ft it
water, lea. coffee r food ltlit pa.KM's kiwiedr
lVhtt Rthbon Kmiiimit will cure- nr drZroT th
t1ivaifd B'fptit lor all alcoholic drink, bhr
tli pat tfrtt la a -oriti-ratd tnebniir. a "tlpplrr
aorial Orluk-vr or Jruuird. Imponaiblt for any in
10 liav an at-petit lor alcoholic liqanra afiwf
uaina V'hltt Hihtxtn R-mr4r. It baa mad manv
ibou.aj'ta of permanent cure, and In addition r
nrrff th lirtio, in ourtn&l hf-alth. rteadvma: th
nervta. int r.ittnpT the frill power And wtaralta
lion to rpfiim temptation.
Mra. At.D Moor,
!rea Fuprimft,d-nt
of Ui Woman a
Christian Temper
am I n ion, Loa
Aogiln, Cal.
Ptat : " J haa
tested White Klt
bon Feniedr on
very obitmit e
drunkaul. and the
mrea here neeu
ntaiiy. 1 Uieertully
rfconinvrd and en
durttf AS hitr ftjhtMU)
Kerned . and atM
an y votuu n to a-; ve
tt lu any rulat.li. a
aufiVrlnf: rum druu
ketniesA." Vrii Tvr W. li
Mrs. Abb a Moore.
Broun. Trvmont Pt , Hoaton. fjr trial pa-kk
and letter ot aovir
free m plain wait a rnvaioi
A M li'ttt-ra luiibdential
nd dent roj U as auon aa
an ertd.
White Ribbon Kem'-dr Bold dnisrtfia fTery
'hrrf alo wrt niv matt in pla'n parkar. prl'-a
t,t,ld and re'oinmrmQrd by cp'iHl ttpeut
(.iinatia ISi haiflrr Lirug riiore, Wth and Cliio hla.
A BEIUTIFUUW0L1&E.
TiJT k ohea dlstreejaed br Oray or auchael Halt.
!-i li.;. n. .i..
,v vi imcer z ritiir rHPP.nRrainr
Is the enlr aure and hamiaeM tcmt& log efch.
seMily appited , and ! p
JwB th hair wofl aid a 1 01
it. 11 sa aarquavirfi rr
OVE APPLIt. ATIO-t
UATS MOKTHS IVubpi ef htr ctworrd frtja.
Prtvary aBured. Hmnt tot ptunphlat. a
IMPEKUL CHtMICAL MFC CO Mi W. ZU St. Nr Vera,
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DR.
McGREW
SPECIALIST.
Treat all form of
DISEASES OF
MEN
SB Tears Czperleae
1 a Tears is Omaha
A Meelleal Expert
whose reanarkaM
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Varloocalc. Hrarooela. Bloo Woiaoa. SUieUtre. Olaa.
Marroua DakuUtr. Loaa et Buwaa-ia as VltaUt.
His Home Treatment
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Urw at traatnaist. ktaoiclns aant ia slaia saak
Charfet Low Consultation Frt
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a at. ia a J a (all or wr.ta fevos Tta,
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i.ii Irniaiioea 11 uloarataura.
tMBaniaiei. of aittll wtaattaranaa.
tUomCmaitt.Co.
Moairieja ramiaaa, aaa im aww
ItkHtiti Co. (st or se-fjaaaaa
'HTl awol or Jkrwcatata.
. ar aan ia Uia wtaa
I tr aisroea. rejala. leaf
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....OUR LE ADINa SOFT COAL....
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AIL, GRtDtl HOFT COAL.
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DRINK