Part Two Paces 9 to 16
r
The Omaha Daily
Bee.
Tbt Best Foreign Kem Serrkt
wilt be found in
THE SUNDAY BEL
ESTARLISIIED JUNE 19, 1S7L
OMAHA, SATURDAY MORNING, MAY C, 1105.
SINGLE COPY THREE CENTS
I n")MJ M lul Ji
R in irw"'
OMAHA WK1THCH KEPOIT.
Aetwrday Fair and Vtnwr.
Attraction in CHINAWARE SECTION
That LotcIj Ioa. Ware
Ioa it Indian for Beautiful
This charm leg jTodoct comes from Willing W.
Va It's sure to be popular, bipcan It com bio
beauty. rubrtALtiAHtr and character with most rea
sonable price.
lop. Vases and Jugs Saturday At aa Intro- QO
tfuctory cnt price -OC
Twenty (f2mi Green Trading Ptimpn.
PLVXESWARE Ft SATVRDAT.
Prclal disoount and extra Green Trading Stamp all day.
Brat English paree.lain. 10 piece seta, g 98
Double Crmi Trading Stamps.
Etiglisb Joy, m three an, dark pattern and a
good pour.ng Jut, three sixes, the c snd -lie
Ten n tK' Gwn Trading Stamp with each
2r
A XKW SALT AND PEPPER IX JAPA- Qr
XESE CHINA (the Tomaun.eech IOW
Other styles at &e ISc. two lor and, Qg
jAPAKEfcfi., CHINA CVPS AKI SAl'Cthfi, epy
bell ctatna. Saint-day
Tea (M) Green Trading Stain pa.
Millinery for Saturday
tVLRYBODTS POPULAR PLACE FOR M1LLINLRY.
Tbt Fwt of Our tidnivt "Sinclair Stylet Litabluhts BnntH't LttStnhip ia ViUintry.
lt' fbe Host Striking Refit t la the rf ef Tfcif afesf Affracfn of AH Arts is Wttnbln.
First Ssosrincs ia Bennett's f First Sbowwgs in tbt aVctf
SPECIALS FOR. SATURDAY
Vtrj Large Short Back, Roll Brim Sailor With trimming oft QQ
straw, color and quill, S3. SO ralv for IiJ
Hew Shirt Waist Hats Xaiural ttraw brim and Milan or chip top,
trimmed u-ith drape of till and h-anisome quill, very attrao AO
fir, ftdl cf ttyk anddmih their first thriving .Saftrdjy; t'.00 ra7tf (r shnta w
1:. Thiir
4.98
98c
SATURDAY SHOE SALE
2.00
H X
li "V
2.00
Ladies' Patent Colt Gibson Ties
at
Sixty ty Grwn Trading Stamps.
Ladies Chocolate Yici
Ribbon Ties at. ...
J Sixty 6j in Green Trading Stamps.
Ladies' black Yici Kid, Patent
Tit-. T?1norii CvfnAa Ik S f
at aUU
Sixty K Green Tradlnc ftimin.
Eadies' black Yici Kid,
latent tip, Southern
rr. 2.00
K) Green TTadir,x etaicpa.
1,500 pairs of ladies'
Barn pi black and choc
late Yici Kid, Bluchers
and Oxfords, IO
worth f 2.50. at laOZ
Thirty OS) Green Trsdicj Stampa.
Ueo'a Tan Enasl Calf Goodyear Writ. Blucber Oxfords, newest v r
drop toe. H & 6. Knox apecials), at... ?.3U
Hen's Ta EmeSa Caif Blncbera. with atrap and buckle. Dew
Jap tot, (M. A. pActard). at....
Out Fetrltss F cBf-dfinetr-EipM ffrfTtit exrfumw "5.r.'air' idr. 77iw
fcal on yaVun,i after irnjKTUd Fmtck TOCX.tf. wwrai w
t'lrn rrr xaf mia.'FVn if the defer Paritk-nntPoUf,
''Tcmttf.y A'Jckh. tkTiavtit.SO valut
A Demi-Dreji Nil Hand maie pttt icit frame aeVay ciap of
i.fiJ; fiarr(i.a. for,
Children's HaJs, Caps, Bonnets
A Bright and Pleaainr Array.
Children's Hats All the d-owrt-to-thf-minuti id-ea, mi-
trrialt and v.'Ui'Hgt to pit ate r Pfry l-arfc; rune p m ore t'e l
wry in'oit or di-ic; caj-if, inr.lv.ci in g (f.udfcf fl'vJ pijuu f f f
s:e and v
Chndret't iT'ittimti Hti J7cU, irtfc rAV tvi or vrtjal CQ
JSmocta, Sc, Tf ani. JC
Sptcitl Opportvnittt for Mpary Saving on wrf TaWe Strvrigf.
Mrs. Sinclair, Walters and Weible in Charge.
HATCH Ih M 'JA '00 ITS.
Trifrrrea1 Hff for Earir Ssmmrr Jn o3 fnrr lane,
Ixitu: o' '.rrr 0 chip (rr Jfiian braid wvtft
ttnij.lartftpli of trimming. t:?0vaht. ivr
W m l I Ta. M . '
1
rK
aYi
Meo'a Patent Corona Colt Oxforda, Wan Street Cap Toe, fEL
& S. Kjkix. Special, at .
3.50
4.00
BENNETTS CANDY
SECTION
MiBCHUilliff SPECIAL.
A larr quanUty cf til dell clous
fXii'f-toii Jurt mad a. an- e
ilia flavored, 16 In aack. 'c
Per povsd,
rtlrty (XT) Green TradlnE Btanpa
with pound box Bennett a
paclal Cbooolata Creatna
CIGARS! CIGARS!
Rodyard Kipllna. a fcc rtralgtit seed Ha-
w- for 2.2a
Sixty (KWj Green Tradint fitampa.
BurrVea. a PltUburr Bu.pl i, 1.50
Thirty K:.W' Green Trading "stajnps
Black Beaa, a gooa ciaar. a OS
for i.2r
Thirty (G Green Tradm Stamps.
Our XatJoc Cbewina Tobacco,
one pound t cr iC
MAIN FLOOR.
BENNETrS BIG GROCERY
SATURDAY'S LIST CT MONEY SAVERS.
Ft't-rr .Kill' i Grtvn Trad.t Sunr.ps with
can Iiarr)rrid "S'' Fruns 2c
FortT ilt.UM Gretn Tradirr Stamps wi'.h
Buck TT'de Tf Bennett's Fjpur tl.
Fifiy K..H'i Gmn Tradicr Stamps with
ten-pound bcx California Prunes Ki.c
Fifty iSi..( Green Trading Stamps with
five pounds T&poc. X
Forty i4.' Green Tradir-e Siatrps with
t.'.rW iiounds fiwst Java and Mocha
Coffee l
Thirty fSS K Green Trad.tiX Stamps with
pouiid Tea lany kir.d "f
Ten Gre-n Tnutinie Stamjis wi:h
ran pure frround ElutS P-pf'er lie
Ten (SI (! Green Trsdir.p (stumps w'Th
eirht tiars ftf-nnett s BnrpaAn Sfp liic
Fifty -'CI" Green Trading Slarops with
two pounds large Muacaiel Rajsuif 15c
Ten (fi.Wn Green Trad
ing Stamp w:tn pint
boiUe. A- B. C Cat
PUP
Tn ''tl ,W' Green Trui-
ui Stamp with
pound can iiennett s
Capitol Eakitg
Pcwdr !4c
Ten ifUitu Green Trad
ing Stamps with
tK.und lull Cream
Cheese rc
Ten itl-CO' Green Trad
ing Stamps with
pound Idulnpter
Cheese 2c
Five (50c) Green Trad-
inc btamps i;h Jar
P.cyaJ Luncheon
Cteese 30c
Ten (tl.OOi Green Trsd-
li Stamjis witn pint
large Imported OHre -e
Ten $1(Hm Green TradiLg Stamps with
quart Sonr Fitkles , 1"C
Fifteen itl.Wt Green Trading Stamfs wih
three-pound jar Cottage Apple Kutter. .2ic
Twemty (tllit't Green Trading Stamps with
TKiund fine London Ltyer Raifaci lbc
Ten (tl-OO Green Trading Stamps with
pound can I'iamoud "B ' fancy
Salmon Sc
Ten (10(( Green Trading Stamps with
three packages Shredded Codfish Sc
Ten itltH't Green Trading Stamps witn
three cans Pvocky Mountain Cream. ...2c
Fifteen fl Wi Green .Trading Stamps wnh
can Imported Ssrl'ji" lbc
EITTEBL BVTTER. BUTTEK.
CYmes Ever?- Pay.
Ten Ctlfl0 Green Trading Stamps wit
pound Bennett s Ca;itol Creamery
full weight package Sc
Frenh Country Butter. Ib lbe
Fresh Esr from the country daily.
INTERESTING ITEMS.
rv.Ti, $ib can he Table Syrup, Fir
Tomatoes, Hb. can "e It., can 8c
Salmon, lb. can... Itic Swift's Pride Soap.
Oil Sardines, can. c j bar H'ne
SaJad tressiix, P.ex Lye. can be
bottle 10c j California Raisins,
1 E!Nf.TTS i
J i.iti i M
Bennett's Great Meai Section
ALWAYS IX THE LEAD.
FRJCE6 7HK luC'V E?'T. yUALITT
GLAEAXTEED.
CHICKENS. CHICKENS.
I GUARANTEED FRESH PRESSED.
NOT FROZEN. lOlr
pound ,5
Fref h Iresed Room era, Qlr
pound ysw
Vegetable Settds.
package JZt&
Flower Seeds,
i.lMft 1 ,
Potted Ham, can. Sc I
u
.
pound be
Siloed Lemon Cling
P-eacbes. can ic
Asia Pickles,
bottle lftc
J
iTeRsed Frying Springs, i pound each,
pound Jlic
PORK. PORK
Pork Loins, pound . ...Pc
Fork Sliouldtjr Roast, pound i'z
BEEF. EEEF
Cboioe Xo. 1 S.noln Sveajt. pcund lTVse
Pot Roast, of choice native tef, c and 7c
VEAL, VEAL
Va Shoulder Roast, pound ... .....c
Veal Suw, pound .. .. c
MUTTOX. MXTTOX
Murtcm Stew, S pounds for 2c
Mutton Roant, I pounds lor Sc
Mutton Chops, t pounds for ...Sue
HAMS. HAMS
Tour choice of all leading best brands of
bams, at pound lic
Thirty (CW) Green Trading Stampa.
Morton-GregBon Co' a best brand Cali
fornia Hams, tiound .Pe
GOOD THINGS TO EAT
AT OUR DELICATESSEN COUXTEB.
PEST OX THE MARKET.
FREEH SHIPMENTS RECEIVED
DAILY FROM WEISEL A CO,
MILWAUKEE.
WE MAKE ALL OUR OWX PORK
BREAKFAST SAUSAGE. HAMBURGER.
LTXK PORK SAUSAGE. BULK PORK
SAUSAGE. -
Hardware Specials
for ScUurdcvy
Twenty (tTl Green Trading Stamps lQr
with Grass Hook lOW
Twenty Gren Trading Stamps
with Grass H a
Twenty ti-i Green Trading Etamps 4f"
with Grans Hook
Twenty Si'i G-een Trading Stamj 4 1-
nith GrHK Hock
Twenty iti'i Green Trading S'.amps ttS.
with Boys' Axe. regular ii-c J"
Twtnty itv Green Trading Stamps OE,-.
Assorted Sweet Carnations B
Tf a
IOC
Several thousand of these deli
cious flowers on sale in '
Grocery Section, dozen
Sale begins about 9:00 a. m.
NOVELTY ART PICTURES
'.4t vt .fvTvy ttefm j Ji'f, let u it't fiy iltt vcy." Very appropriate
Ur dfctort atid dtctit-ts, or as a den picture; mast be seen, Sal. spec
Fifty (fT.(. G.Tfa Trading Stampa.
HANDSOME LANDSCArES-lB gold frame, a iie parlor or
library picture ..... ...... .
Forty fAi Green TradiDg Statrpa.
JAPANESE riCTTIlES-In artiFtSc brown
frames ... ... ....
rorty HXXi) Green Trading Stamp.
98c
8?c
45c
FOB THE CHlLl'EEVS EWM.
Iairty Bonnet Baby Pictures. LandsciiKJy ma.de In paeparoct,
for Saturday a Fpecial t&ue at . . ........ ......
15c
BRADLEY'S SCHtK'L PAINTS. Saturday
Ten i$l. Green Trading Stamp.
25c
.10c
Gold for use la water
Water Color Paper Pads,
fiie txl2 ... . ...IVv color work . .
SEE THE SKELETON WINPOW1 ITS GREAT! Haroey Side.
L..I0c
with Xo. 1 Shingle Hatchet.
Twenty (ST.. Green Trading Stamps je.
with No. 4 snitigle Hatchet .-ris.
Tttrty iKJi Green Trading Stamps iT
with 14-tine Steel Lawn Rake
Thirty Green Trading Stamps 4 m
with 14-tine Sr.e4 Garden Rake. 04
Thirty (ITi Green Trading Stamps o
with li-tine Sieel Garaen Ki.ke....OC
iouVJe Green Trading Stamps on all
2.85
Lawn Mowers, all styles and
aisea, prices up from..
Double Green Trading Stamps on all
paints.
Remember we
A-Lac
BASEMENT
be&dguaners for Jap-
WALL PAPER
Remnant Rolls, per roll le
Good Fapex, per roll, l(c, Se, 7c, 5c. Sc
Good Gilt6, jK-r roll Cc
Room Lots, up from Kc
THIRD FLOOR.
Draperies and Carpets Saturday Specials
Window Shades, 3x7 ft 29c
Extension rods, special 9c
One case odd Lace Curtains worth up to $5, special, each, .,89c
Snowflake Curtains (a summer curtain) special per pair. . . 98c
CARPETS. CARPETS
Our cotton chain, half wool, and all cotton ctrta, boupht at a bargain, will
sVJ them Saturday at neArly mill prices. Come and nee them and a P
few all wools, at .- JVC
33c
10c
Cotton Ingrain Carpets,
at
Half Wool Ingrain Carpets,
at
Cotton Chain Ingrain Carpets,
at
Remnant of all wool Ingrain,
THIRD FLOOR.
21c
28c
Clothing Section
A Special Offering in Mens and Ym Men's Suits for Saturday
7.75
All Pmt mid np to tll.S0 and
All Suits sold from Hfc.00 to 120 00,
for
Xothlng equals this sale in dry. All this veasan's goods In sdnsfls aJ4 doubls
breartd styles, and lasn but not least, double Grn Trading Stamfa.
.11.75
All cur Men'a trotmera, ISM. K-SO. C 00.
B.60 and -
.1.00
Toubl Green TraAlrg Btampa.
Em chews trousers, 10c a button. CDS a rip.
Remember 2 Green TraJing Stamps with thoss L'ttis gent
suits, sixes from to IS.
Double Green Trading Stamps.
295
BARGAIN SQUARE
AH of cur Men's working shirts. Including black sateen.
60c and ....
Double Green Trading Stamps.
35c
Furnishing Goods Section
A good chance to invest in rests, whits
and fancy, at
Fifty vSl.W) Green Trading Stamps. Worth H 00 and C5Q.
A shirt with ths collar attached, femt tbs thing for warm
weather, at . . ,.
These will cost you too later.
Fifty Cfc-tMM Green Trading Stamps.
Saturday. pc'tively the last chance to bey hsf 60c
fancy underwear, at
.1.63
..69c
35c
Twenty tz.00 Green Trading Stamps.
HAT SECTION
Let T3S show yen cur lines.
at tl.50 and '
Nobby shapes and colors.
Stetson soft bats,
H.aO and
Tate stiff
hats
2.00
3.50
3.00
A few broken lots of Men's work hats, ranging In pries from CEP ta f(
L.5i. Saturday you may have any cne of them for ................... l.Ws
Fifty Oa 0P Green Trading Stamps.
i an
3
mil TO PRESCRIBE RATES
dogma an! But UffiakttrM ttaj eg
la.U Sailroad Tix-fix,
CAM BE 0OIGATED TO COICMSSIONS
rraarly CsustUtA aWAles MT Ks
crclB th IetelattT Fsrilm,
Their ArttoB aVeta Safcjert
tm BtTirw T Crta.
WASH1NGTOX. Mr t-Attorney Gen
eral Moody Uiday directed a letter t Sena
tor Sievea B. Elk ins concerning the power
of congress to rtgulats railroad rates. Mr.
Moody rives careful consideration to the
xoiiits Involved, presenting reasons at
length tor Ins conclusions, citing many
adjudicated cases and quoting at length
from uts-em court opinlnns. He holds
that tbs reg-ulatioa of rates is aa admlnls
trativ aztd not a judicial function; that
rales within stales may be regulated by
Xfcjlroad legislation or ccmmlssMttis created
tf kgialatrt-e enactment, and that inter.
tats rates may be regulated by congress
t by a Ofnmisslon created by ccaigress
mat courts caanot regulat rates, but have
the bower to review rales promulgated by
oamcussians, and that stich rates must It
lust, ruasoaabls asd ixuparuaL After thor
outlj establishing ths rights cf congress
asd the ligislAiur to crest rat siaAing
coKB.iss.ona. Mr. Moody says:
Althina-h ths rate making pomer must bs
eaaCJM4 by ooiTe aid its administra
tis agta.es subK-t to every onstituuouil
Lmiiaut ! upoa hc ingiaiauvs fKwer. tne
coiy of provis.un cf that instrument
which ( c to esll (T eonmaeratios
As that (A.uaned w aruci L afcuun k.
aaraTfcl.i- atach is as 1jl.oii I
'No JJ (-ejK snaU be givea by any
reguis.uoa d commerce cr menus to tbt
ports of ond .ti ever thoss of another;
Xior shall veAeiS bouud lu, r from, on
susi, be e- Vod to txiter. clear, or it
vuues ia aitoiit.
To what tit. then, if any, is the sxer
eiM of Uit riis rriaiung poser a9ttd by
this provision Tbs vw that una prari
so.n does aff ecA n... eaerrise by oongresa
ajod any agency Vhich ma bs created by
It. of tbs rats nhaing fwtr is sui-erte4
hr the following leasunlng:
Ths JunsdK-Lios ant Ui naUooaJ g-overa.
Vkeel er utatsLar ard foreiga oomoiercs
grsst out of lh. traxit of pwwer to oob
ress 1o rtgxiiaie .inmero. with foreign
nations, and amongtbe several statea and
with ths lnliaa tritSk." ArUcl l, section
a. aragra4h k ) AiQjuon which cx.gTufcs
may taas with ri4i to txtrrstate vuu.
meres is bss.il upoaihis grant vf po cr.
It verts In coii-t rLt la nrat
Htis laherent guvenabtkial puser of etmircl
over ths ra-iiaaos. i preiKripcioa cf
raiiwsy ra is a reriAa.tn of coin mt roe
sad. Ur1m tf they- are tsed hy tn
u honiv ( corress 1 vta t a pinnt as 1o
triaks t aurar.nagovs fur lbs shipper
1 trans! -oft hM J rodj. t ta Uie pons ol
soate raibcr thas. u tbe 4.nt of another
aiaa. ths sctV thus es'sftisning tbs rates
would vi.lai ta-s rote ths "no preforerifs
ha-1 h cea Ly any rcgilauoa of but-
mere to the ports of one stste
over those of another." The reasoning Is
support of this concluKion may te acoej.ted
Without agreeing to the conclusion itself.
Congress may do many things by virtue
f its power to regulate -oiumerce which
may nave me practical effect of promoting
lbs commerce of the ports of one slate st
tbs eainse, necessarily, of t ports of
other states, without thereby riving a
prefereooe to those iorts within the mean
ing of this clause of tbe conututioa. Tbe
test seems to be bet her the action of
congress is a direct preference to tl pons
of one state over tboee cf another, or
merely preference nhkb results Incident
ally from such action; if the former, 11
In conflict with this clause of the constitu
tion; if. only, the latter, it is not.
Ca Directly Im Point.
It was ciKn this nrincir le that the case
oi ttiinfyiviiia spainst Tbe V. be-ling At ;
Belmont Bnage Company et al U Howard s
reporia. 4i aa oenaed. la this osse it
a.ared that an act ol congress. pcHsed '
in pursuance of its power to regulate cotn
irierce, auibonced the maintenance of a
iridge across the Ohio river between
Wheeling, la the state of Virginia, and
Bridgeport, in the state of Ohio, at such
a height as to require the venne-is navigat
ing the Ohio river and desiring to pass
above i be tu-.dge to rut down the height t
tbe S9n0cestackK. with the result that the
sj.eed of tbe vessels would1 t cimitasbed
and the cost of operating thern increased,
so thst commerct wcmid t diverted from
Irts on the Ohio rivtr ebove Wlieeling and
the large commerce .f the J.ort of Pitts
burg especially wt-uld imired- Eut
the court. 1J conoecilTig sul liie.e results
to 1 true. bed that there was no conflict
between the act of congress and thje cituw
of tbe com-V t o; ion in question. Mr. Justice
Xeleon. who rendered the opinion of the
court, said;
There are many acts of congress jiased
In the eternise of this jmsw t rogiuaie
commerce, providing for a special advan
tage to tbe port or ports of one stste, and
L.ch verj- advar.u.ge may incidentally
operate to lbs pre -judjoe 4 tbe ptirts in
a neighboring state. hi. h have bever
been u;iposed to oonf'rt with Ibis limita
tK.n uju its power. Tbe improvement of
rivers and barbcra the erection cf Lgbt-
nc.uses sea otner larilit.es of commeroe
may be relerred to as examples. It wiil not
do ta say that the esercie of an admitted !
p..er of congress conferred by tbe oonsu
tjtica is to be withheld, if It sppe.ars. or
can be shown, that the effect and operation
of tbe law may incioentauy eatervd tieord
the limitation cf the power. I'pon asiv
sveh inierpretaix.n. tbs princ!il ot.ject
of the framers of tbe Instrument is confer
ring be power would be sacrihoed to the
subordinate ensecjoences rosuiting from
its exemee. These ooriiiequenc and lun
dects are very prcjier cor.s.derauons to
i urged c;on conrress for tlj x.urposs
of dissuading that t.;S from us exercise,
but afford no imisd tor denying the
power itself, er ths right to eaerass it
s
and. as to a preference by a reg-ulaaon of
commerce, tbe i.isii j-j- of ths pri'iKica. as
veil as its language. Icv.ks to a prohibition
against graaung privileges or immonities
lu vessels entern or clearing from the
pons of on state ever thie of another.
That these privilege and lnnan 'ties wuu
eer they may be la me judgment ol ooo
frreea. shall le common and vquai in all
tt ports of the several states Thus much
s und'Ji t.tedly etnt raoed ia tbe prohibi
Hon; scd it may certainly alas nitrao
any oiber drcnpikon f kfr'aiK.n k-ktz
te a diiwt privilege or tfereac of the
ports if any paruci.la.r stat over tbe of
an' her lnd--d. to clause, la terms,
swems ts lrr oort a prv.hituiK.B atamst say
oeitiv legialauan by onress to this ef
(srt. AAd hat sga.tiX shy iacahsttiai sd-
vantages that might possibly result from
the legislation of congress upon other sub
jects connected with commerce, and con
fessedly nithm Ks power j. iXi."
It would seem from the reasoning cf this
case that the effect of prescribing rates on
land tranKKrt.irn to and from the ports
of the country, even though they may le
preferential in their nature, is so indirect
ajjd incidental tlia-t it djej not constitute
port i.reierences within the meaning of
this clause ef the constitution.
(taeetloBi f Vstrt Preferesioe.
The history of the origin of this clause,
disclosed in tbe proceedings of the consti
tutional convention, shows that the port
preferetioe then under cxmsideration. which
it was oesired to prohibit, were otjy such
aj woald result from discr-minatory legis
lation ith regard to the navigation of
vex-is r the privueges ana restrictions
hich might be given or imposed upi.n
tbem or tbeir freight. The purpose of
tbCHe wbo 'nceived and prepared this en
actment would t fuiiy aooompiisiied if in
these respects there should be equality of
1-enehl and burden tlween the ports of the
different stales. This eon si deration, though
im;orutnt. is not conclusive, tcause if
tbe generality of tbe words adopiei in
clude within the purview of the prohibition
other preferences than those lmrmlieteiy
in contemplation, then, by a laminar canoa
or inlert.reta.uon. full effect sb'.uld be
given to them. But on tbe authority of
the case )ust cited It is clear that the port
preferences fcrtuddwin by this clauae are
only ukiw wmch are direct in tbeir ic-t-atici
and effect, and rememtenng that a
t.ort is not the city whic h is bui.t aliout It.
ut tbe waterway ltilf. it is oot easy t
see how anw reg-uiation of commerce
which Is not directed toward tbe use of the
waterway itself but. on the other bans,
is confined .n its direct operation and efiwjt
to land tranifortatnn alone cam be a
preference between jirta.
Kale r.atreu May Lay Dewsu
But it is not necessary for practical pur
puses to go so far as to say that no reg-.la-tin
of land tranp jortaAion can con
ceived w hic h would t in conflic t with tl is
-lause of tbe consul utlon It is enougn
to say tti if any such may be made here
after as will arb.trar.iy and direct iy jirefer
tbe ports of ot state to those of another.
it win t oec-iarea vcc ry tne court, it
may well be assumed that In legislating
Mpon the subject congress will lay down
as the gmoing nils l. the determination
of raios that they shall be reasonable. Just
and impartial. That rule weuid be the
law and the commission wouid be charged
with lis execution, sfier asc enainiiig and
dec-id ng what wouid te tust. re.aia.nabl
sna impartial ratea. If it he claimed that
rates conforming 1 tlus standard will con
flict with tm clause of the constitution
because they do not prescribe a uniform
charge per ton per mile te and from the
ports of the d.Cerent stales, end that s
preference is given ts lb ports of those
states where the lower charge prevaus. I
Lave no hesitation whatever in espreasung
my dissent from this ciaim. I cannot be
ber mil coiigresa, sctir In pursuance of
i-s tiijouesiionid power te fix the rate for
transportation on laud, wcmid ( fnrtndden
ts reqjir thai t be charges for It should
be Jus, reasons bae arxi imparl ia I because,
swing to r aiai-ai conditions and iboee grow
ing oat of tne deveai.pment of tae oountry.
such ehaxges resulted ia a d-fferer't rax
I" r ton per mile tj and from tne a.ffereni
ports of the eoantry Many Cec ii.k.iit of
the supreme com which need not be oiled.
eeialM.Fh tbe ruie mat tl broadtvt muuiry
lttie all the var"irg bu titias pixd iK.r.
fcKb surround trana;KirtaLit Iry ij.d n.iy
tie uiidertaken fur the purj-OK of determin
ing nnat ia a just an4 ras iable rate.
f-ufi.s that a field tf production were
eeuiaisaajnl from tbe ports of ci.ffereat
states and tbe omvertu of freight was
sc tn lines or dJfert,t carriora ots
line running through a level country -empt
from snow and floods and densely
populated with prosperous peopie, thus in
suring chein cctnstruction, large business
and profitable returns; the other line run
ning through a mountainous country,
sparsely jKpuiated with an unprofjerous
people., thus insuring a high oo of con
struction, small baseness and low returns
upon tne capital invested if congress
mould attempt to establish a uniform rats
for trans porta tion per ton jer miie it wou.d
le obliged either to Allow tbe one carrier ex
orbitant returns or compel the other t:arrler
to render services f(r compensatioti w me n
would be tonfisc-a.u.ry of property, and thus i
be obnoxious to the fifth amendment to
tbe constitution. 1 cannot agree with an
interpretation which would thus detroy ttie
effective exercise of tbe unciueetioned gov
ernmental power to regulate the charges of '
common carriers.
The Interstate fswweses Law.
The act to regulate commerce, approved
February 4. is worthy of ootisiderat ion i
in this conneruon. By it congTeas under-,
look the regulation oi railway rates in a.
comprehensive manner and laid cown im
iiortam rules for it guiQanc. All carriers'
engaged in tranrporur.ion. wholly by .rsul-
roid or partly t.y ra.iroaa ana partly ny
water, were brought witun its provisions,
and the railroads running to ina from tbe
j.orts were clearly incluaed. It is enacted
with regard te them that all charges should
tie reasonable and just ((wcucn li; tnat no
rersc.n, r locality, or traffic stiouid le sub
5 cied to any undue or urireaoiatle i.re.iu
dice or disadvantage (section ii. ana that
there should not be a greater chiurge for
transforation for a shorter distance than
for a longer dietance over the same line
under substantially the same circumstances
and oonditjonf i section t. This law was a
legislative regulation of railway rates ana
tnerelce sut.ject to all consul utionl limi
tations up .n the Itgisiattve authority.
Moreover, the law clearly did not contem
plate uniformity In rales as between cif
frtnt carmra. Inswmliant y in rales was
expected, if it was reasonable Uiat discmi
larity should xist.
Tf very terms of the statute," said Jus
tice Stiraa s)aaing of this set in Ic-xasA
Pacific Railway Company agaiust Icterstat
Commerce Commiesion, ""that charges must
be reasonable, that discrtmination must not
be unjust, ana that pieferenoe or advan
tage to any particular person, firm, cor
poration or locality must riot be undue or
unreasonable, necessarily Imply that strict
uniformity is not to i enf.-rced; but that
ail circumstances and conditions wr irh ses
sonable men would regard as affecurig the
wejare of the carrying companies, and of
tne rrociucers. thip;rs and oonsumera.
stiouid be ccjnsidered by a tribunal ap
pointed to carry into effect and enforce ths
provisions of tlie act" OCJ V. 6., ILt I
This act baa bees before the supreme
court repeatoQiy. and in many insiances
dissimilarity .f charges acoording to dis
tant, has been approved, because, unoer
the crcLOisiaiKiee of the iiarticuiar ease.
j tbey were ncn unreasonable or unjust, and
in no case has it been supposed by court
or counsel thai the ciause of ths oonstitu
ticrn unoer consideration had any relevancy
wnetei-er te the subject. Tet it ia tr-iec-tly
clar that the act of 1", as inter
preted by U supreme court, established s
standard charges which, unaer the
claim now made, w ould t in cmfiict wit a
the i roblbition cf tne constitution againt-t
port tiivferenofa.
(aeleateas ef Aleseat.
I conclude. therefc that set law fr
1 tlj fc,ng of ratea, atrorcunf to tbe sisr.6
tsrd of roaa.bieises. unpartiaiiiy and jus
I tire. al.) action taken by subordinate
aamlnwiraue o. ta the exocuuon of
j su h a iae , wouid tiot I obco&ious to ai-
itir i I. serrion paragrai 4, of the ow
autsuoh, svwa K m rwl' sa te - -r
rates to and from the ports of different I
stales.
i be views which I have expressed may be
stated brittly as follows:
1. Tbers is a go umuental power to fix
the maximum luture charges ol carriers
ty railroad. vesLea in tne legislatures of
toe states witn repaid to tiansportation
exdubivtu)' wiuhin tne states, and vested in
congress with regard to ail cviiitr trans
ponauon. Z. Although legislative Jwer, properly
speiiaing, cannot be oeac a-ied. tne law
majLing bocj naving enacioa into law the
sitncard oi cnargus wmch atuiil contscu,
may intrust to an adminiatrauve bocy not
extrciK.ng m the true snse judicial power
tbe auty to fix. rates in coniuinuiy with
that st-.r.aard.
k. The rate-making tiower is not a Ju
dicial function ana cannot te conferred
consul uuonaUy upon the courts of the
l niied States, eiiner by w ay cf original or
appe.iaie jurisdic.uon.
a 1 be courts, hosever, bave the jKiwer to
invesug ale any rate or rates txed by lew'ia
lative authority and to determine wbemtr
tbey are such as would ie ounnacai oi oi
the projieri y ol tli carrier, and if they
are juciiciaUy iound to be confiscatory in
Lheir effect, to restrain their enforcement.
a. Any law which aiteapts to deinve the
couita of this iwstr is unconstitutional.
a. A n v regulation of land transi-onauoa.
bowevtr exercised, w ould seem to be so in
direct in lis effect upon tne ports tnai it
could not constitute a preference between
the ports of different stales within tbs
meaning of article i. section a, para7raph
a. of Ji constitution.
J. Reasonable, just and Impartial rates
determined by legislative authority are not
within the prohibition of article I. section
s paragraph ., of tns ccwiscaution, even
though tbty result in a varying cnerge Ir
Ion pf-r mile to arid from tie ports of ths
d.tterent states Very resj.tfui!y .
WI1.T.UM li. MCiODT.
Attornej' General.
HYMENEAL
Q w erena-C Urrest.
KEAF.XET, Xeb, May V (Special Tele
gram. 1 Quite a surprise was given the
Kearney people wbo attended a reception
given by Mr. and Mrs. A. F. Roby last
right at their home in this dry when It
was announces for tbe first time alnoe tbs
wedding that George H. Qoereau, acn cf
Mrs. Roty, had married tbe daughter of F.
H. Gllcrest, Xancy Gflcrest, at Hammond.
lnd,'cn AprJ A. It seems that while ia
Chicago durlr-j tbe early part of April tbs
young people bad stolen a march upti
friends and relatives, g-oing to Hammond.
Ini, where they were quietly married. The
bride returned to her school in the east ant)
ths young groom to bis boms la this city.
Mr. and Mrs, tjuerwaa left early Wednes
day morning for a tour of the east, in all
rrobabiLty visiting points In Canada before
returning to Kearney. Tbey w ill return
about June 1 and win make tbeir bom in
this city
Ye relw-Sewla4a
WAEHIXGTOX. May a.-Tb marrag cf
Miss Frances Xewlands, daughter of Sen
ator New lands, to lieutenant Leopold von
Bredow cf the Ctiraaiiler guards in tbe
German army, w.il take plac at Washing
toe Saturday. May C The wedding will be
a quiet affair al Woodley. tb WaaLing-Loa
resndenoe of Senator Xewlands. oxCy
hvt ef ths faaly tmn
GOOD WORK FOR LIBRARIES
Ttird District 'WomAii'i Clnbt Eats
AoooTspliEhed liutii Good.
DIFFICULTIES OVtRCOKE !N K.ANY PLACES
Ariel wow fesste Deveited Prl ri
val) y te Hewsehold Fwlc
susd f-ebjeets AUhrd
There w It h.
(From a Staff Correspondent.)
FREMONT, Xeh.. May S;eciaI Tele
gram.) Thirty delegates, representing thir
teen of tbe twenty-four clubs of the Third
district of tbe "Nebraska Federation of
Women's Clubs, responded to roll call this
morning at tbe second annua convention
of tbe district organisation in session here.
Library work and domestic science afforded
the themes oi the morning, session. Mrs.
C E. Xevin of Laurel, chairman ef tbe
state federation library commitiee. gave a
report of that work, together with a a ac
count of the effort before tbe legislature
to secure the F..900 epproj nation for the
state traveling library c-c minission ibis year.
A letter from Mies Edna Hullook. secre
tary of the commission, stated that many
members of tbe last leg-.slsture admitted
they bad never bcuird cf the commission
and knew nothing of Its work. This, she
said, accounted in large measure for their
failure to grant tbe appropriation asked
for the w ork, and she urged the club
women to make It their bus.nesa to fully
inferta tbe next set of legislators on this
factor in ths educational work of tbe state.
Xot with stan ding its meagre support, sta
tistics show that ths percent of us of
books in tbe Nebraska traveling library is
three times thst of many of tbe other states
that have much more liberal support. A
delegate from tbe North Bend Woman s
dub repented that witbm the week that
organ ration bad called a mass meeting
of dtiaens which M.hs Bullock bad been
Invited to address, with the result that a
library board was appointed, and It will
this week meet the town council and ask
a tax for tbe support of the library. Tbe
dub baa already raised Ms by an enter
tainment. Tbs City Federative of Clubs
f Xehgh baa done an equally good work
la ecuniig a library lor that town. J be
Randolph Woman's club also bad a good
report to make. It has ci-ened a Lbrary
with eighty books and has raised (IS with
which more books will be purchased next
week. Tbe library is kejt In on of the
homes cf the town, but tbe women hope
soon to plaoe it In seme room down town,
where It will be coees-bl to ail. FuLer
too as also interested in library work and
lb CfetaxaarcAal dub vt
offered to bouse the conection as noon aa
it is berun.
Wiaaer's Wwy f Raialmr Mosey.
Tbe Winner Woman' club has raised CM
within the year for the support of its
library and CvKj worth of books have re
cently been purchased by tbe board. An
art exhibit was held, com prizing tbe beet
pictures and old relics that could bs bor
rowed In the town and a collection of photo
graphs borrowed from tbs .ay View Maga
zine. Pender has a library of las volumea
that is kept tip largely by tie women by
means cf enle rtaintnenta The ways and
means by which tbe funds for thi r,ri
bave been raised illustrate forcibly that
there is a way w here there is a win, and
this will Is a credit to the women of Xe
braska.
Household economics, including every in
terest pertaining to the borne, was next
taken up. Mrs. Xorris of Xonh Bend gave
a heipful paper on - planning a Course in
Household Economica," showing that sub
ject to be replete with possibilities for
entertainment, as well as home benefits.
Some of the topics advocated for tbe oon
r.tderttic.n of club women were: "School
Children's Tlet and Lunchea," "Neighborly
Responsibility." Old-Tim and I resent
Iay Hospitality."
Mrs. T. L ion.n of Pender told the ex
perlences and method, i.t
man a dub in conducting a cooking school.
Two courses of s.x Itieaons each b. .
provided al tl a course, or ZT. cenu a ainrla
demonstrauon. The nuitenals and utensiis
were i.rotnded by the members and on
both occasions the dmiiim: r-i,-,r.
Jiaid for themselves and tht paid Instructor
orougni rrom Omaha.
The remainder of the morning was givea
to the report of clubs, ih iirogrm being;
trterirsed with vocal solos by Miss Ma
nila Maxwell.
Thre-e new clubs bar come into ths)
Third district tins year, at Oakdaie, Ban
croft and Lyons.
The excuse for the "limited" club was
brought out m several reports, stating- that
a limited membership was necessary, aa
the homes of tbe members would not ac
commodate larger gatherings. At Randolph
inis o-mruuy is to 1 obviated bv i.
orgatOaUon cf a second club, which will
meet at Intervals with ths present organisa
tion cf twenty-five merr.u-r. The Bay
View course has been followed in a nuns,
ber of th clubs, combined with bobstholl
economics, parliamentary practice, tnuaio
and other brandies.
"The American Club Woman: Tbs 8-g-nifxanoe
tf Her Work." was th subject
cf a iaper by Mrs. C. H. Brake of Norf. i,
that w.th an address by Mrs Anna L. Ap
Irson tf Tecuiriaeh, general seietary of
tne state Feoetat.on, H.n'Kuted th sfter.
hcK-n ;-rtgram.
Shortly af.er I e'elotk Mrs. Frances IX
Keel of W-l Pcunt, distnct vie presi
dent, adjourned the convention and aa in
formal social hour was held before Lh
parturs of th af tsmooa. traias.