Omaha daily bee. (Omaha [Neb.]) 187?-1922, July 08, 1905, Page 3, Image 3

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Vb Call4 ii Womll Grain Can Befma to
Tertiff Befori Examiner.
rir Me tr Thft Mlafct Incriminate If They Tell
What They Know
. . of f acts.
LINCOLN. July 7. (Special Telegram.)
Flva witnesses were examined this morn
Ins In the. taking; of depositions at Have
lock In the suit of the Worrall Oraln com
pany agalnnt members of the Nebraska
Grain Dealer' association for damages.
Tha wlt'iespes sworn were F. E. Leverli it,
assistant treasurer, Edward Biater, cler'it,
for Ute Central Granaries company at Lin
coln; W. L Ferguson, who operates son.e
forty-flv or fifty elevators along the Bur
lington; , B. ' N. Mitchell, secretary and
treasurer of tbe Jaquea Grain company, and
Bamuel Walker, formerly In tbe grain busi
ness at waverly.
Questions were addressed to Levering and
Slater With Intent to show the maintenance
by the stats association of a price commit
tee, consisting of the Central Gralnarles
company and the Nebraska Elevator com
pany of Lincoln, the Nye-Schnelder-Fowlor
company 6f Fremont and the Omaha Eleva
tor company and the Updike Grain company
of Omaha, by which the prices to be paid
farmers for grain were fixed and sent out
to regular association representatives In
tha thirteen districts Into which Nebraska
and a small portion of northern Kansas
were divided by the association.
All Refuse to Testify.
These witnesses recused to answer any
of the. questions on the ground that the
answers might tend to incriminate them
selves. The examination of Mr. Ferguson
brought out from him the fact that he had
withdrawn from the association shortly
after tha annual meeting, about April 1
last. )
He said , an association was originally
formed to cure bad conditions regarding
weights at Kansas City and Inspection at
Bt. Louis, that It had accomplished Its pur
poses, and he no longer could see any way
of getting his money's worth out of member
ship. An effort was made to show the pro
vision of card prices by the association and
by himself, but he declined to answer any
questions bearing on that point.
E. N. Mitchell of the Jaques company
sprung his exemption as a witness at the
tart and stuck tu it.
8amuel Walker also declined to go into
the card price subject, although he Is out
or the business. He said he got for his
elevator at Waverly a better price from the
Ewart-WUklnson company than he had ever
expected to get. Asked if the business of
buying grain from farmers In Nebraska is
not a good paying business, he declined to
answer on the ground that it might incrim
inate him. '
M here They Balk.
The witnesses refused absolutely to give
.out any. Information bearing directly on
the Issues Involved. Following are a num
ber of questions asked Witness Leverin
to which answers were not forthcoming:
"The stafc of Nebraska la divided Into
thirteen price groups and grain districts by
the Nebraska Grain Dealers' association
for the purpose of fixing arbitrarily the
price of grains purchased by the elevatois
from the farmers, is it not?"
"Isn't it true that you assisted in prepar
Ing nve maps, showing thirteen price
groups or districts within the state of
Nebraska, and taking in a small portion
IJtpt Kansas,, for' the purpose of maintaining
arbitrary pHfces" ri each of those thirteen
r "Is it not a fact that the Central Gran
, arlcs company and the Nebraska Elevator
, .company, to your knowledge, constitute and
have constituted for more than a year last
past, or about that time, two members of
the general price committee constituted by
. the Nebraska Grain Dealers' association
for the purpose of arbitrarily fixing; from
time to time, the price of grain to be pur
chased from farmers in Nebraska?"
"Isn't It a fact that the general price
committee referred to in the last question
- consists of and has consisted for several
years last past, to your knowledge, of the
Omaha Elevator company, the Updyke
' Orain company, both of Omaha, the Nye
Schneider-Fowler Elevator company of Fre
rtlont, the Central Granaries company and
the Nebraska Elevator company, both of
" Lincoln, and that those five members of
' tha price committee fixed the price to be
paid by regular elevator dealers to farmers
for their grain throughout the state o
Nebraska and a small portion of the state
of Kansas?"
' "la it not a fact that the price fixed by
1hat committee Is sent out by means of
'cards through agencies stated in the meet
ings of the Nebraska Grain Dealers' as
sociation, nd according to rules established
by that price committee, and that these
prices when so fixed are known to the
regular dealers as card prices, and do you
aas 1ms ed by Millions of at other for their
all &tn. eni-aa wind ouUo, and
Altllnran Willi.
II tooita the ob ltd, softens ts
Uim for or Fifty Tusrt.
tftena Ua ruuit, a.laM
la tbe Ml
Alt ' QrocertUnd Druggists
0h IPOYP'SISt'qcV,
This Afternoon Tonight
, Sun. Mat. Clarke Marshall in
Dl& Sunday "THE BELLU OF
Iir.. I. Thurs A Mother's Sacrifice.
WPP PRICKS lo. 160 and 260.
" VI MAT1NKFS Any Peat le.
, at I JO, 7:J0, 1.30 and 1:10.
6-BIG ACT8-6
laelaalna; Mad. La Yarn. Jeay Clay.
sea, X.aa.lbar,N Bates A Ersttt
All seals 10 cents No mora, no less.
Take a delightful
on tha three-deck
leaves root ot Douglas street every
afternoon at J 16 for Florence and at :li
lur a ntteen mile cruise down the river.
Cool breesea and a goad time.
JUann lr . St ml
. t ' ,.- . -.
hot know these facts from your personal
Brlaa- la the Telephone.
Is It a fact that when the grain market
fluctuates so much as to compel, in the
Judgment of the price committee, that com
mittee to make a change In the price to
be paid to the farmers for grain, that Mr.
A. II. Bewsher, now secretary of the
Omaha Elevator company, and Nels B. T. p
dlke, president of the Updike Grain com
pany, according to the usual plan and un
derstanding by you and this committee,
and the gentlemen named, meet In Omaha
and call up by private telephone llns,
usually, Mr. Fowler, secretary of the Nye-Bchnclder-Fowlcr
company of Fremont, nnJ
by previous arrangement between you and
those parties, Mr. Fowler places the re
eelvtr of the private wire to his ear, and
the receiver of the Bell Telephone company
to the other ear, and ealls you and your
company at Lincoln, and that In that man
ner the price to be paid for grain is agreed
upon, which is to be paid the farmer for
grain, and that the conversations between
these parties are by Mr. Fowler repeated
from Lincoln to Omaha and from Omaha to
Lincoln, ahd In the event the four men
tioned cannot agree as to prices to be paid.
that the Nebraska Elevator company la
called In as the fifth member to decide and
fix the price to be so paid, and that the
prices paid by the regular members, or to
be fixed by them, are thus paid and main
tained by them, and have been so for some
time past?"
'Is it true that the members of that
committee then confer with N. A. Duff,
president of the Nebraska Grain Dealers'
association and of the Duff Grain company
of Nebraska City, and Inform him of the
prices to be psld farmers for grain in the
territory north and west of Lincoln, and
that Mr. Duff, with the advice of the Ne
braska Elevator company, fixes the price
to be paid to the farmers for grain in the
territory south of Lincoln T"
'Isn't It true that sfter the price has been
so fixed the method of communicating those
prices to the several price districts through
out the state is to communicate the price
so agreed upon to several members of the
Nebraska Grain Dealers' association at
various points throughout the state and by
them in return to be communicated to the
regular grain dealers In the state In the re
spective price districts or groups over
which the several persons to whom the
prices are communicated In the first In
stance, and that Richfield Is one of the
points to which these prices are communi
cated and from which the price is dissemi
nated?" "It Is true, Is it not, that when the prices
are so fixed by the committee you or your
company communicates the same by collect
message to VanBuren A Son at Falrbury
and that VanBuren A Son, upon reoelpt of
said message, send out cards to the agents
and operators of elevators on tha. line of
railroad of the Rock Island west of Falr
bury to and Including Nelson, and Is not
this one of the methods adopted for com
municating prices to other parties, who in
turn, communicate them to operators of ele
vators by means of cards on other lines of
railroad upon which these parties to whom
prices are communicated for distribution
are located and to whom this duty Is dele
gated, and this method Is pursued by se
lecting those most conveniently situated
upon the several lines of railroad for the
purposes in this question?"
To each of the above questions Witness
Levering declined to answer on the ground
that it might tend to Incriminate him.
Attorney Saya "Don't Answer."
The refusal of the witness to testify
was upon the advice of Attorney F. M.
nan, wno protested strenuously against
allowing (tie plaintiff to propound the ques
tions, which, he said, were made as "hu
miliating as It was possible to make them.
But Notary Wilson held that the witness
must enter his declination and bis -reason
in response to each inquiry.
Attorney W. J. Courtrlght also entered a
protest, whereat counsel for plaintiff, Mr.
fiowen, asuea that the record be made to
show that Mr. Courtrlght protested against
the examination of this witness. This,
however, was not done.
While Mr. Levering was on the stand the
plaintiff offered in evidence a map show
ing the state marked off into thirteen dis
tricts, asking the witness if it was not
one of the maps made by the association,
bui no answer was given to this query
either. The witness further declined to
state whether or not the Central Granaries
company has been a member of the as
soclatlon for ten years, whether or not he
was a member himself or whether or not
the company operated about sixty elevators
in Nebraska and Kansas and about forty
In Nebraska.
Wh en asked if he had declined to answer
the Interrogatories because he was afraid
his answers woiild subject him to criminal
prosecution, he again declined to answer.
Several more witnesses were called this
evening, but nothing important was dis
Inspecting Voting; Machines.
The commission appointed to examine and
pass upon voting machines held Its first
session this afternoon and the three mem
bers cashed in for $150 each for the few
hours put In, watching a representative of
the United States Standard Voting Ma
chine company ' display his wares. The
members of tha commission reached Lin
coln this morning and proceeded to an or
ganization by selecting C. J. Anderson,
father of the voting machine bill, chair
man; R. B. Carter treasurer and W. E.
Taylor secretary. The voting machine
agent then rolled his machine Into the cor
ridor of the state house near the office of
the secretary of stater the agent turned
over a check for $460 to the treasurer and
the business of Inspection began.
The law requires that a company desiring
to sell machines in Nebraska shall subject
the same to tha Inspection of the commis
sion and to pay the expenses of such in
spection it shall deposit with the treasurer
of the commission $460. This money Is
divided among the members. If the com
mission says the machine is all right the
company may sell them to the various
counties, otherwise it will be illegal for
any county to buy. The commission has
ten days in which to make its report.
Spinney Has Cans of Action.
The supreme court this morning overruled
the demurrer of the attorney general to
the application of Dr. Bplnney, president
of the Bankers Union of the World, for a
mandamus to compel Insurance Deputy
Pierce to issue a certificate to the company
to do business In Nebraska, thus showing
that Dr. Spinney has a cause ot action
against the state. The case will not come
up for hearing until September, the state
now having tbe right to answer the petition
filed by Spinney. '
Call for Warrants.
State Treasurer Mortensen today issued
a call for warrants, beginning with No.
122964. for July 12. This call will take up
warrants Issued up to February I. 19u4.
these having run seventeen months and
six days.
Hearing; on Blair Petition.
A hearing was had before Governor
Mickey this afternoon in the application ot
John Blair for a pardon, Blair having re
cently been sent to the penitentiary for
three years for a statutory assault upon
Beulah Thomas, aged IS years. George B.
France of York talked In favor of tha
pardon, while Attorney General Brown
apoka against it. Mrs. Blair, her slster-ln
law, 8. H. Hanktna, formerly a merchant
residing near tha Blair home, and Thomas
Barber a farmer of Tork county, and Mr,
Thomas, the father of tha glr!, were pres
ent during tha argument. Both Hanklns
and Barber cava Blair a good am, the
Final M-IPrie
The Last Bay o
Saturday, July 8th.
This great sale, which for two weeks has crowded this store
from the opening of onr doors until their close, will go on record as the most stupendous
and far reaching bargain event ever given publicity. Seven states represented in this
morning's mail. SATURDAY will mark the close of this great opportunity and an epoch
making day it will be. We have re inforced our supply by placing w ith these suits a largo
delayed purchase of single and double breasted suits for summer wear which on account
of its tardiness was sold to us at our own figure. More than 800 suits which positively
must be sold Saturday.
Suit Sellina
Every Garment Must Go
Nothing, under any condition will be carried over until next season.
All $30.00 Suits "j 00 All $1100 Suits 50
All $2100 Suits "H 50 All $12.00 Suits (gOO
All $20.00 Suits j QOO All $10.00 Suits 00
Anfm Crii.f- F$sA rsA Prices Remarked
vuimy kjuiia ucuutcu
Two-garment skeletonized and partly lined coat
and trouser suits of faddish, tropical worsted, cheviots,
homespuns, tweeds, etc., in single and double breasted
styles, new gray, browns, olives and mixtures.
$7.5.0 .'Outing Suits , $
$12.00 Outing Suits ffiPSO
$2250-$20 Outing Suits $" 00
$15.00 Outing Suits (Q)00
Outing Trousers, $2.50, $3.50, $5.00
Great values of Paragon make of tropical fabrics.
Summer Shirt Sale
Great reductions to create rapid selling.
Again we say no article is here permitted
to remain longer than
one season, hence these
price concessions in the
very heart of the sea
son. Lines include all
worthy makes such as
the Elgin, Monarch,
Griffon, E. & W., Man
hattan, Star, Lion and Princely brands.
All 50c and 75c Shirts,
All the $1.00 Shirts ,
All 'the $1.50 Shirts ,..
All the $2.00 Shirts
All the $2.50 Shirts
Our large Douglas street window
displays these unequaled values
One-third to
One-Half Price
former saying he had sold Mm goods on
credit many times and that Blair had al
ways -raid his bills and was a most ac
commodating neighbor. Mrs. Blair and the
sister-in-law said that Beulah Thomas was
18 years old and that her parents had mis
represented her age at the trial. Governor
Mickey took the matter under advisement.
Supreme Court Adjourns.
After being in session since Thursday
morning the supreme court. Judge Barnes
and Judge Sedgwick present, adjourned
this morning without handing down any
opinions and will meet no more until Sep
tember. Judge Barnes will leave the mid
dle of the month for a visit to his son at
Casper, Wyo., J. B. Barnes, Jr., and JucUe
Bpdgwlck will shortly go to California for
a four weeks" trip, probably going to
Alaska. Judge Barnes, however, will spend
the greater portion of the summer at Nor
folk. Chief Justice Holcomb is already la
Kens of Nebraska.
TECI'MSKH-The city council last even
ing appointed L. C. Chapman as city at
HASTINGS M. Foley, aged S3 years, died
nt the family rtwlilence this mornlnK.
Funeral services will be held Sunday.
OSCEOLA There has been a decrease In
the number of persons of school age In the
Osceola High si-nooi aisirici or twenty-six
from last year; now we have 161 males and
1S1 females, 322 In all.
OSCEOLA Hon. and Mrs. E. L. King
have sent out cards of Invitation to the
marriage of their daughter, MIhs Edna
Laura, to Waller E. Heuling, at their
home Saturday evening, July lb, at 8
PLATTBMOUTH Albert Bchuldlre, a 14-year-old
boy, was serlotiBly injured while
celebrating with powder and a tin can, to
which he had attached a fuse, lie was
burned about the face and otherwise '.in
jured by a premature explosion.
TABLE ROCK The 8-year-old daughter
of Mrs. Mary Kranek, five miles north
west of town, was bitten by a dug ytstur
d.iy. She was brought to town fur medical
treatment at once and no serious appre
hensions are felt in the matter.
WEST POINT The Cuming County Bar
association met last evening in special ses
sion, under the presidency of Hon. M. Mc
laughlin, dean of I lie local bar, and
adopted suitable resolutions touching the
death of Hon. Uriah Uruner, one of its
honored members.
HASTINGS The preliminary hearing of
Charles Woodward and Harry I-'oote, who
are charged with assaulting John Frosch
heuser ten days ago, was held in Juxttce
Crowley's court this morning. The defend
ants w ere released on a Jjuo bond to appear
at tha next term of the district court.
BEATRICE Carpentera' union No. rx
met last nlKht and Installed these officers:
J. Q Overman, president; C. H. Thomp
son, vice president; J. II. Coomes, record
ing secretary; George T. Barber, flnamial
secretary: A. J. Skinner, conductor; Wil
liam B. Umpbenour, waiden; U. C. SlyhofI,
LYONS Superintendent Nichols of the
Chicago, Si. Paul, Minneapolis ac Omaha
railroad was here this morning in consul
tation with the business men and others,
arranging for the location of tba new
depot several blocks nearer to the business
portion ot ttie town, it is expected tnat
work will be commenced at once.
LYONS The contractors for the grading
of the Great Northern from the Omaha
reservation to Oakland, a distance of thir
teen miles, are here with outfit of sixty
mule teams and scrapers to begin work at
once. The grade stakes are being cut.
FAIRBURY'- Mortgage Indebtedness of
Jefferson county for June Is as follows:
Farm mortgages tiled, nine: amount, 1Z.-
8t; cancelled, fifteen; amount, 16,9u8.25;
city mortgages niea, nineteen; amount.
)6,TD0; cancelled, four; amount, $-494.XO;
chattel mortgages filed. 126; amount, $19.-
623.83; cancelled, V8.7oS 80.
FREMONT The current of the electric
light plant w-ts turned on for the first time
this morning. There are a number of mer
chants and business houses among the pa
trons, dui scarcely enougn at present to
pay the additional expenses. It Is believed
that later In the season It will yield a good
revenue. I ne regular line pays well.
TABLE ROCK A large number of peo
ple attended the funeral of Silas Bowen,
who whs killed by lightning Wednesday.
at the Christian church on Friday. Rev. T.
A. i-inuenmeyer ot rawnee City conducted
the funeral services, which were In charge
of the Ancient Order of United Workmen,
of which Mr. Bowen was an honored mem
ber. WEST POINT Corn on uplande Bhowa a
marked improvement by reason of the
favorable weather of the last few days, but
In the bottom lands very little progress has
been made. The wet weather has effec
tually precluded cultivation, allowing the
rank growth of weeds to smother the
plants, with the result that the crop can
be considered a failure along the river bot
toms. Wheat and oats are heading out
cause 90 per cent of all deaths in hot
weather from prostration, stomach and
bowel complaints, congestion, sunstroke.
exhaustion, paralysis, etc. leading doctors
Bay an danger can be avoided by taking
Duffy's Pure Malt Whiskey
It destroys the disease germs and keeps
the system cool and healthy. "Duffy's'' Is
an absolutely pure ionic stin
from fusel oil. in use bo years.
All druggists and grocers, or direct, II a
bottle. Medical booklet free Duffy Malt
niusaer w. iuKoiivr, pi, x,
nicely and while some damage from rust Is
expected It will not be material, the yltM
being expected to equal the average.
BEATRICE The officers of the Big Four
Log Rolling association, which includes the
counties of Seward, Saline, Lancaster and
Gage, met yesterday at DeWltt and de
cided to hold the annual picnic of the
Modern Woodmen of America at that place
on August 23 and 24. The officers also ar
ranged a program for the two days at tha
TECUMSEH The Tecumseh city library
board has received a proposition from the
agent of Andrew Carnegie whereby he, for
Mr. Carnegie, proposed to donate the sum
of tT.ouO to this city for the erection of
a library building. This provides that the
city will take action to provide a fund of
$00 per year to maintain tbe library.
Steps will be taken at once to secure trie
new building.
BEATRICE The seventeenth annual ses
sion of the Beatrice Chautauqua opened
last evening, with a large attendance. Tha
program consisted of addresses by .Presi
dent Begole and Superintendent Fuller
Bwlft of Des Moines, la.. Including a con
cert by the Beatrice military band and the
NiKlitlngaie jubilee singers. This assembly
lasts until July 18 and the management has
prepared a splendid program - during the
entire session.
BEATRICE The Christian Woman's
Board of Missions held a meeting at the
Christian church yesterday afternoon.
which was largely attended. Following a
musical program Dr. and Mrs. Gordon, vis
iting missionaries from India, told In an
Interesting way of their work and the
varied experiences In that coantry. MIbs
Griffith, a missionary of this state, also
gave a short address. She leaves soon to
resume her work as a missionary in India,
EXETER Since June 15 there has not
been a single twenty-four hours hut there
has been rainfall at some time. Tiie soil Is
very wet, and haying and harvesting has
been greatly retarded. Farmers are mak
ing use of every minute they can get trying
to save their grain, which is of a very fine
quality, although the acreage is not as
large as In former years. Corn Is looking
fairly well, although rather backward, be
cause ot too much wet, and too cold nights.
FREMONT Preparations have been com
pleted for the Fremont Chautauqua ses
sion, which opens here tomorrow after
noon and will close July 16. It will be held
In Irving park. A large tent has been
put up where the sessions will be held. The
hrst session will be held tomorrow after
noon and the opening address will be by
Dr. 8. P. Cadman of Brooklyn. Governor
F"lk of Missouri is to speuk on Tuesday,
July 11 and the entire program will be one
of interest.
FREMONT The Roal Highlanders' dis
trict lodge for the Sixth district was in
session here yesterday afternoon. The
principal business transacted was the elec
tion of a delegate to the grand lodge, which
meets in Denver in September. C. H.
Green of this city was chosen and M. L.
Hlggins of Schuyler alternate. Resolutions
were adopted commending the present man
agement of the order and protesting against
taxing fraternal beneficiary orders on their
surplus funds.
NEBRASKA CITY County Clerk Busch
has received a notice from the State Board
of Equalisation that the assessed valua
tion of lands that have been damaged by
overflowing of the waters In rivers cannot
be lowered. A number of farmers who
own land near the Nemaha river filed a
request with the Coun'y Board of Equali
sation that the valuation of their land be
reduced, as their property had been seri
ously damaged by floods. Tha oouiily
board refused to take any action In the
matter until after the state board had been
PLATTSMOL'TH What is believed to
have been the body of a floater was seen
in the Missouri riiver by several citizens
last evening as it floated down the stream.
It was quite dark at tha time and as there
was no boat near, no effort was made to
Investigate the discovery. Since yesterday
tne river has been on a boom, a rise ot
nearly four feet being recorded. It Is
thought that If the object seen last evening
was really a noater It win probaDly be
washed ashore at some point along the
BEATRICE W. H. .Walker of this city.
who attended the meeting of the council
of administration of the Southeastern Ne
braska Veterans' association, which was
held In Wymore Wednesday afternoon, re
ports that, as no funds were In sight, the
reunion to have been held at Wymore dur
ing the week of August 14 has been can
celled. The committees were given another
week in which to make a Knowing relative
to the raising of funds and on this show
ing depends whether or not the reunion
is to be held.
HARVARD A hailstorm coming up sud
denly at 7 o'clock last evening, in five to
ten minutes destroyed thousands of dol
lars Worth rtf pmid n wr ...... .. .4
few miles of this city. Many harvesters
unven irom in. ripened wneat fields
when the storm came, the wheat being gen
erally fully ripe and farmers making all
haste possible to secure their crop. The
storm veered from north, going southeast
and destroying much of the crops, so that
farmers will lose from $100 to $1,600 in
crops by the storm.
FREMONT The city council held a spe
cial meeting for the purpose of considering
the question of street Improvements anil
Incidentally what street would be wanted
by the Great Northern. An attorney for
the Union Paclflo was present and pro
tested against closing South street. His
company, he said, was prepared to fight
that proposition vigorously. The Great
Northern has not yet asked to have auy
street closed and Is not likely to do so
before the next regulse meeting.
Luncheon for Americana.
PARIS. July 7. President and Mm.
Loubet gave a luncheon today in honor of
the American special ambassadors and via
King naval officers.
If yssw-
The most palatable malt extract on the market.
Supplies nourishment to nerves and blood, aires
strength to the weak energy to the exhausted.
Greatest IK" Known l?'""'
Clears the 'complexion, purifies and
enriches the blood. For the well to
keep well for the convalescent to
get well quick.
Builds firm,
healthy, solid
At All Druggists
15c a Dottle.
20 '
Mil y "HSUMJUM CT -111.