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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 24, 1905)
Now located In the nets
retail renter. Howard
in our now, cnian?ei uioiik
creased our lines of ready-to-wear
choicest styles of Separate Skirts
Prices from $6.00 up to $35.00.
Dainty novelties in all the choice, color
ings. Prlcea from tt.Vi tip to If'.flO.
Petticoats of brilllantlne-Pettlcoata of
moreen petticoats of tutecn all the finest
Long Japanese - Kimonos and
on our second floor tf have an elegant
itsplay of pretty ;Tea: Gowns. Kimonos, In
Hllkn. outing flannels af)J. all wool fa biles.
. . Silk Dresses.
Silk dresses of the latent mode and fab
I'lm at tinfio up to P5 00.
la k 811k Walata at $5.00 to $7.30.
Men's Furnishing Dept. -
The 11th street entrance and the Howard
trcct entrance both load to the Men's
The men will like the location In the new
'lore. i I - J I I I
II. 60 Walking Olnves Made of good qual
ly cape stock, full pique aeam, one-clasp
fastener perfect In fit and come In the
popular shades... If you want a glove that
look and wears well ask for this glove.
Special value. In . Half Hose Full scam
less, floe combed potion and perfectly sliod.
They come In. pretty soft mixed shades,
blue, brown and gray. - All sizes, from 9H
:o UVi. This special value we are selling
t two pairs for1 '.'Sc. ,
Howard and Sixteenth Streets.
'.he thanks ' of the association
tended to the committee.
Address by Ponnd.
Judge Pound then gave the address of
!he morning. After tracing the history of
th common law through Its successive
stages of being, ' shewing the process
through which It passed In order to attain
Its majesty, he continued. In part, only
excerpts of his address being given:
Superficially, then, the triumph of the
common law seems assured. Nevertheless,
Jurists are by no means certain that this
Is so. The most obvious danger, and the
ne most frequently adverted to. Is legis
lation. I cannot think, bowever, there Is any
real cause for apprehension from this quar
ter. I come to such a conclusion for two
reasons. In the first place, there Is little
In legislation that Is original. Secondly,
everything Indicates that codifications, as
such. Is still far remote.
To my mind, the real danger to the com
mon law Is In another quarter. Hitherto
the people have been with It. Today, for
the first time, the common law finds itself
srrayed against the people; for the first
time. Instead of securing for them what
they most prise, they know It chiefly as
something that continually standa between
them and what they desire. It cannot be
denied that there Is a growing popular
dissatisfaction with our legal system.
There Is a feeling that It prevents every-
. 1. 1 r- .. m r4 rl m nir irm m 1 ..Inn m .nil
hoards, with summary administrative and
Inquisitorial powers are called for, and
"ourts are distrusted.' Partly, of course,
this Is due to Impatience of thorough search
for the truth, exact ascertainment of the
facts and strict Justice. When everybody
may learn nil the facts In ten minutes
from the morning paper, why should It take
them? But In large part this dissatisfac
tion has a real basis and 'Is well founded.
No amount of admiration for our tradi
tional system should blind us to the ob
vious fact that It exhibits too great a re
spect for the Individual, and for the ln-
twtfht wialtlnn In which OUT legal and
political history has put him and too little
respect for tha needs of society, when they
come In conflict with the Individual, to be
In -touch with the present age. A glance
at one of the digests will show us where
the courts find themselves toaa
Not lea tha Deeletoaa. '
Taka the one . subheading under
ronstltutlonat law, "interference with
ik riirhi tt free contract." and notice the
decisions. Three of them hold eight-hour
law unconstitutional; two more nolo, stat
utes limiting the hours of labor unconntltu
tlonal; four deny effect to statutes fixing
the periods at which certain classes of la
borers shall receive their wages; another
passes adversely on a statute prohibiting
the practice of fines In cotton mills; an
other deals In the aama way with a statute
prohibiting corporations from deducting
from the wages of employes to establish
iicmnlta.1 and relief funds: three overturn
acts regulating the measuring of coh! for
the purpose of fixing the compensation of
miners; two hold void statutes designed
to prevent the payment or employes In
tore orders; another passes adversely on
an act requiring laborers on public con
tracts to be paid the prevailing rate of
wages; another denies effect to an act ra
nulring railway corporations to furnish dla
clisrgi-d employes a statement of the causes
of their removal, while another decides it
unconstitutional to prevent employers from
prohibiting their employes from Joining
unions or from retaining membership in
unions to which they belong. I do not
criticise these decisions. As the law
stands,- I da not doubt they were rlghtlv
determined. But they serve to show that
the right of the Individual to contract as he
pleases la upheld by our legal system at
Auf omaf ic
Girls' Dressp-s, $3.50
28 dresses for .Iris from 6 to 14
years, broken lines of sailor and
Russian blouse styles, made of
serge, cheviot and mohair, col
on blue, red, brown and tan;
garments worth $5, $6.50 and
17.60; don't rnlaa
these Friday, choice.
FURS. , FURS.
Chndrea's Girls' Missel'
Choice styles a special prices, for
I seta or. single scarf, in gray
v squirrel. Crimean lamb, marten,
. chinchilla, trimmer, - blue fox,
' gray fox, etc.
See the opoaauin and
river uilali scarfs, at,,
B November 3. It"
i mm tan mom nave much in
garments. 'We-show the very
perfectly tailored garments.
Infants Wear Dept.
A depart merit all by itself j where you
may get everything that Is "heeded for the
little tot. It la located on main, floor and
Is In rharg" of competent saleswomen. If
you need a complete outfit you ran get It
here. If you need Just a single article, ws
have It for you. '
New Dresses. Skirts. Bootees. Caps
nets, Bibs. Veils. Kimonos.. Sacques,
rows, Vnderwear and Hosiery.
We are showing a choice line of up-to-date
Veilings, In black, white, gray. navy.
Alice blue, pink, lavender, burnt onion, ot
ter and brown.
Prices, 25c, 30c, 40c, 50c. k 7iic. $1.00 and
11.25 per yard.
Chiffon Veilings, In black, white, brown,
navy, reseda, Alice blue, green, gray, red,
tan, pale 'ue nd Plnk "l 600 8nd 750
Sewing 811k Veiling, all desirable shades,
at Zuo per yard.
Maline Net or Illusion Veiling, all colors,
25c per yard.
Barege or Wool Veiling, 27 Inches wide.
In black, brown, navy, gray and white, at
80c per yard.
An assortment of Mourning Veils and
Novelty Bordered Veils.
tha expense of the right of society to stand
1 between a portion of our population and
oppression. This right of the Individual
and this exaggerated respect for his right
are common-law doctrines. And this
means that a struggle is in progress be
tween society and the common law; for
the Judlclul power over unconstitutional
legislation Is In the right line of common
law Ideas. It Is plain consequence of the
doctrine of the supremacy of law, and has
developed from a line of precedents that
run back to Magna Charts.
Men'a Views are ( kaageri.
Men have changed their views as tn the
relative importance of the individual and
of society; but the common law has not
changed. Inoeed, the common law knows
Individuals only. In the seventeenth and
eighteenth centuries, when the theory of
the state of nature was dominant, this
feature of our legul system made It popu
lar. But today the Isolated Individual is
no longer taken for the center of the uni
verse, we see now that he is an abstrac
tion, and has never Had a concrete ex
istence. Today, we look Instead for
liberty through society. We ho longer hold
that society exists entirely for the sake
of the Individual. We recognize that so
ciety is In some wise a coworker with
each In whst lie is and In what he does
and that what he does la quite as much
wrought through him by society as
wrought by himself alone. To parody
well known formula, we are not so much
concerned with tne liberty of each limited
only by the like liberties of all, as with
the welfare of each, achieved through the
welfare of the whole, whereby a wider
and a surer liberty Is assured to him
The common law, however, is concerned,
not with acclal' righteousness, but with
individual rights. it tries questions of
the highest social Import as mere private
Controversies between Joe pne and Bloh-
ard Iwe. Ana ihie compels a narrow and
one-sided view, aa men loot upon mess
nnestlons at nresent.
Our criminal nw i a growing c.time oi
nooular discontent with the legal system
Mut the ditfk-ultv here again is exaggerated
respect for the Individual. Procedure, civil
and criminal, naa neen contentious witn
us rrom tne beginning, rnis respect ror
the individual keeps It so. The common
law renders no service today by standing
full armored before Individuals, natural or
artlliclul, that rreed no defense, but sally
from beneath Its aegis ta Injure society.
What ta the Limit f
How far does our legal system contain
the power lo meet these new conditions?
We must admit that it has shown a mar
velous power of regeneration In the past.
The problem, therefore, of the present
Is to lead our law to hold a more even
balance between Individualism and col
lectivelam. We must temper Its extreme
Individualism to meet the Ideas of the
modern world. More than this, we cannot
do without casting adrift from our Im
memorial system of administrating justice,
and more we ought not to aeek to tlo.
In the exaggerated form which this In
dividualism of our legal svsieni some
times takes it Is undeniably impracticable,
archaic and mischievous, yet with all its
faults It is a Ionia and aalulary doctrine.
The whole Is no greater than the sum of
Its parts. The community Is not likely to
be more active In maintaining right and
repressing wrong than the Individuals who
compose It. And If the Individuals who
are charged under our legal system with
the maintenance of their own rights are
too busy or too laxy or too indifferent to
carry out this duty. Is the community
likely to prove more diligent or efficient in
ao doing for theuiT .
We talk much and glibly of "the people"
In the abstract. What we need to do is
as does the common law, to talk of the In
dividual In the concrete. The rights of
the people are the duties of Individuals.
Hence this same obstinate Individualism
of the common law which makes It lit so
HI In many a modern niche may yet prove
a necessary bulwark against an exagger
ated and enfeebling Collectivism.
H. PECK OX TKMPKRMKNT
President mt Katlaaal Bar Associa
There Is no real humllitT except in the
man who with open eyes looks frankly at
the difficulties that surround him and con
fesses how little he is able to explain
them. To manfully face the truth la the
only course that conscience all) admit
Much has been said about the dignity of
human nature. Its real dignity consists In
the fact that, notwithstanding it Is the
slave of circumstance, of food, of rain, of
cold and heat, of Its ancestors and of Its
opiHirtunltles, It yet goes forward.
Man la never so dignified, ao noble, so
majestic, as when he stands with uncov
ered head In the presence of life's mys
teries and humbly but biaveiy savs, "lx,
I. too. am hero." Whatever limitations
may surround us, whatever burdens weigh
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' Cover the child from head lo
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us down, whatever weakneenes clog our
steps, whatever sorrows fill our hearts.
In some way an Indefinite uurnse mill be
subserved, an infinite wisdom lie juatllied.
Somewhere, on heights not yet attained, we
shall know what now we only dream.
It was thus Hon. George R. Peck closed
a strong paper before the Nebraska Bar
association mee'.lng. The paper was o
cerned with "Temperament," and he ss
st the beginning It was a theme with which
lawers are peculiarly concerned. Ex
tracts from the paper, which ass lengthy,
are herewith given:
We Sieculate on what might have been,
forgetting tliat there la no "If" In the
processes by which the universe Is gov
erned no contingency In the realm of mat
ler or of mind. "In the beginning was tn
cause. Science snd religion meet on th
V"in..of that great tnvsterv and.
!.T.. .'.,'T'Vkness. turn away iin"
Hath had ef.P'. '.'.' V
Anil ertmeth from afsr.
in a rrlulll nHC IMM'tlfl TS In '
-the so-called doctrine of necessity is true.
It has had Its plHce In the creed of Greek,
of Hindoo and of Christian. "Whatever Is
fated, that will take place." Is the lesson
of the Greek tragedy. Turn upon your own
nature all the light that comes from KSnt
and Hegel, a,nd all that comes from I'arwln
and Huxlev, and you feel that If they have
In some measure snswered the question,
Horn ? thev are ailent as to the deeper ac
tion, Whv"? The real tragedy of life Is thai
every soul Is stamped, by an Inexorable,
law. with certnin characteristics fmm
which it csnnot escape, and which, whether
good or evil, dominate it with iron sway.
I admit man s responsible r f'"- ,hls 0"
tlpns, though how to reconcile Ms freedom
and responsibility with the predetermina
tion of God t do not understand.
Kate is a cheat. She grants us the power
to wish, but not the power to be. She gives
to him who hath and takes from h m who
hath not; and thus it comes that, in spite
of all, we are what we are.
Considering the causes that determine
what each Individual shall 1, Mr. Feck put
first the law of transmission, herdlty; and
second, circumstances or environment.
These two powers In a mighty combination
govern human lives with the hand of. a
It Is the honored distinction of our pro
fesslon that its members are ministers and
conservators of the law. and that to their
hands is committed the administration of
Justice. That majestic conception which
we call the state stands ror an ini is "r.i
snd all that Is possible in the aspirations
of men. but It attains only such complete
ness as finite wisdom can aevise anu
shape. It strikes with the weapon It
knows best force that mighty argument
which compels, though It may not con
vince. We must take life that life may be
saved: but let us not forget that the man
marked with the fatal tendency to crime
flnris it Imrrfer than we know to resist the
annetite that crime alone can satiate. It Is
mv to rh i' that one can resist his temper
omental tendencies if he only will. Tea.
but he can't will. The strongest motive Is
nlwavs that which seems strongest to him
who has to decide upon It. and thus we get
back to the temperament which looks upon
motives and upon actions with such eyes
as nature has given It.
T think nothing can be more pathetic than
the struggles of one who sees the weakness
of his own nature and Is irylng to get
free, (Jiir boasted freedom to do us we
will tido Is hut the freedom Mf the bird
In his 'cage. We praise-the active, biistling
fellny who crowds to the front, because It
is his nature to crowd: but for him who is
weary all the days of his life we have
only the kick, the cuff end the harsh
voice of the policeman bidding him to
move on. Notice the man whose skull (its
too closely. His brain Is pinched and his
mind cannot exoand. It Is his fate to be
dull and stupid and to he laughed at
when he knows only too well that It Is not
a laughing matter. Temperament has got
the upper hand of him. But nature has
her revenges. The dunce at school some
times grows up to be n respected citizen,
and. as we have all noticed, la frequently
elected to office.
After diBcutxiing the criminals and trans
mitted tendencies of their progeny, Mr.
Society need jiot expect to be redeemed
while criminals freely breed and rear their
sin-marked progeny In the cellars of the
modern Babylon. The problem Is, how lo
make environment lietter; how to apply the
forces of circumstance agairmt tne In
herited tendency of wrong-doing, 'i Ills Is
what society must set itself to do; lo oblit
erate the brute forces that descend from a
brutish ancestry, by letting in upon tlierti
the sweet but mighty In due nee of spiritual
things. You and I have natures that rise
or sink as they aretoucnod by good or evil
Certain temperaments thrive best In
Certain climates and localities; and so we
have an English temperament and a German
temperament, and characteristics that mark
each nation and region of the earth. They
j blend and mix. the type changes but doea not
die. Beef-eating races cannot help differing
from those whose i rice, but the wis
est philosopher cannot tell why. Even in
matters of religion temperament Is a con
trolling power. The Latin and Celtic races
seem to be naturally Catholic, the fluxon
naturally Protestant. The one Is poetical,
emotional, artistic, and Its nature is re
ceptive to the gorgeous beauty and magni
ficence of the Catholic ritual. The other
Is practical, self-reliant and Independent,
end Instinctively prefers the more simple
forms of Protestantism.
The environment of today Is In the blood
tomorrow, aa the unsluinbering forces go
forward in their Appointed way. These
processes have made, and are making, a
temperament which Is distinctly American.
Our condition la one of constant change,
of curious mixings and modifications of
former types. We are going through a
formative period, like that which the Eng
lish people experienced SeD years ago, when
Norman and Baxon and Dane were being
Infused into one people.
YV hy does New England naturally take
to strong government and the southerner
to Its opposite? I think I have a right to
say It is temperamental, and partly, if you
will lei me coin a word, environmental.
The problem Is: How shall we get nearer
together? That la our national question.
It Is the question which the lawyers of the
United States must help to solve.
LAWYERS FEAST AND TALK
(Continued from First Page.)
maintain In perpetuity
sovereignty or manhood.
At present Individualism la in the eclipse.
The economic forces of life are in the
ascendant. Men are simply fractions of
those superb organlxatioiNi which control
not only the sources and means of produc
tion and of distribution, but aleo dominate
our social anJ political life. Our Ideals
are already enveloped in the melancholy
light In which time robes the past. Science
and religion and philosophy, art and song,
and all the finer things which touch the
heart and elevate and refine man are In
the peaceful dohhcssIoii of the theorist and
the dreamer. In the rush for wealth and
power men consider the markets only. The
decalogue is a mere .dream.
What the hour demunils is nut prosecu
tions to convict for the prestige and honors
which may come to officials and parties,
and, therefore, too often mixed Willi In
justice and wrong, but for a vigorous and
persistent movement which shall Involve
in a common destruction the entire scheme
of debauchery ami the theories upon which
It rests, for in no other way can the in
tegrity and welfare of the nation be as
sured. The supreme need of the hour Is not for
lawa and poilciea to strengthen mi, iie
velop the business forces of the country:
they require no aid. The supreme need of
the hour is for a new crusude in behalf
of our ancient faith that shall uruunr a
public imprest to inspire the individual
cltiaeu to perform his political duties fear
lemtly and conscientiously.
In a country like ours, where the Institu
tions and hopes of the peoplu are anchored
In constitutions and in the Instincts and
habits Inherited from the anceatrv who
for centuries have waged the batlies for
lilerty in both hemiapheres. the issue can
not be doubtful If we keep the faith.
Dr. Charles Noble Gregory of Iowa
brought greetings to the Nebraska bar tn
response to a toast on "The Lawyers Be
yond the Great River." He spoke of the
close fellowship which exists between men
of the profession wherever they are found.
The closing address was by W. V. Qurley
on "The Evolution of a La-yer." Ills re
marks were not as didactic In natuix as
some which preceded, but if their aim was
mirth they were Indeed well chosen.
WHITE AND GUM MERE NAMED
American Representatives at Mvroo
can Conference Are selected
y tne President.,
WASHINGTON, Nov. 23 -Henry White.
American ambassador to Rome, was today
elected to represent this country In con
Junction with Minister Gummere of Tangier
at the Morocco conference.
Uarrr B. Davis. underlaSei. Tel. LCI
A n,Tiv)HE: FRIDAY. XOVKMBKH 24, 1!W.
iontr iDTeiligating Vethodi
dtrd tnd Subsidiary (oapmies.
USING FALSE GAUGES
talesman for RocUefeller
nncera ae He Was laatraeted
te llecllne t'astamera
ST. IjOIIR. Nov. 31 Inquiry Into the
Standard. Kubllc and Watera-Plerce Oil
comimnles In Missouri was resumed today
before Special Commissioner A. It. An
thony. This will be the last hearing con
ducted In fU. Louis until after the supreme
court has decided whether Attorney Gen
eral Hadley has the right to compel the
oil companies to produce their books or
make the officers testify.
William A. Morgan, former manager of
the Standard Oil company at Sedalia, Mo.,
testifying, said that the Standard Oil com
pany Issued orders to Its agents to under
sell competitors at all hasards. He as
serted that upon one occasion he was sup
piled with false gauges to be used In the
attempt to "drive the enemy from the
Morgan's testimony created a sensation
and tha Standard Oil attorneys offered fre
quent and vigorous objections.
Morgan testified that lie went Into the
employ of the Standard Of! company Janu
ary 15, 1K3S. as a salesman. Soon afterward
he was made a resident manager for the
company, with headquarters at ueoana. in
his Jurisdiction was Included Randolph,
Sheridan, Howard. Cooper and Benton
counties. He was not permitted to sell
oil outside of his territory.
Gets Bnalneaa of Competitors.
His reports were sent to O. W. Mayer,
who had charge of the Standard Oil Inter
ests In Missouri.
"When I took charge of the Sedalia of
fice," said ilia witness, "the Standard Oil
company controlled 6rt or 60 per cent of
the business In that territory.
"Inside of a short period I had taken
the business away from competitors and
the Standard, before I severed my connec
tion with It in inoi, controlled 90 per cent
of the trade In the Sedalia territory.
"I was told to go Into the field of our
enemy and destroy our competitors," con
tinued Morgan. "I was ordered to sell all
the goods possible to cut prices wherever
necessary. The Waters-Pierce company
sold within eighteen miles of Sedalia and
I was not allowed to go Into their terri
Morgan was then asked to tell ir he knew
of other methods resorted to by the Stand
ard besides cutting prices to get business
or kill off competition.
He answered that tha company furnished
him with barrel gauges from which he
would be able to show a customer that a
competitor sold "short barrels."
"Did you use those gauges?"
"I did not."
"Well. I did not think It proper to use
"What were your . Instructions?"
Refase to lit tsanges.
"I was told by Mr. Mayer to use the
gauges only In rxtreme cases: that Is,
where a competitor could not be driven out
by other methods or where other argu
ments fatted to Induce the merchant to bay
"To what extei t -'Wiiuld these gauges
Indicate a barrel of oil was short when
applied to a barrel sold by a competitor?"
"From four to -I've gallons." -"Why
did you Tfrfuse to carry ooit .In-,
structlons sent to you In regard to these
A.. 1 ' .
"I had personal reasone."
"What were they 7"
"Well, because I thought these gauges
were being used with fraudulent Intent.
In the first place good salesmen could show
by sharp manipulation that barrels were
George. S. Schulte of St. Louis, editor
of a trade paper, testified In regard to
statistics offered by him on oil prices In
Missouri towns showing that the price of
oil was manipulated in an arbitrary man
ner. Commissioner Anthony then announced
that the hearing would be resumed to
morrow at Joplln, Mo., and the session
Subpeenas for Oil Magnates.
NEW YORK. Nov. 23. Subpoenas Were
issued today for John D. Rockefeller. Henry
II. Rogers, Henry M. Flagler and other
financiers to appear as witnesses on the
two suits pending in Missouri to oust the
Standnrd Oil company and two other oil
companies from doing business In the state.
The subpoenas directed the witnesses to
appear on December i before Frederick H.
Sanborn of this city, who was sppolnted
by Governor Folk to act as commissioner
for the state of Missouri. The others sum
moned" to appear are John D. Archbold.
Wade Hampton, Walter C. Teagle, James
A. Moffett, W. F. Cowan, George B. Wil
son, James R. Taylor, Charles L. Nichols,
Edward T. Bedford. Walter Jennings,
Wesley H. Tllford. Charles M. Matt. Frank
Q. Barstow, H. Clay Pierce, Silas H. Paine.
Richard B. Tlnaley, Roliert McNall and
Howard Page. The stilts were filed in
Missouri on March 20. 1M6, and Include
besides the Standard Oil cumany the Re
public Oil company and the Waters-Pierce
The first suit was brought by Attorney
General Hadley of Missouri to exclude the
three defendant corporations from ail cor
porate rights nnd privileges of the state
of Missouri ii nd that their franchises,
rights, authority, licences and certificates
to do business under the laws of the state
of Missouri be declared forfeited. The
ground for this action was an alleged pool
or trust agreement among the three com
panies to regulate the prices paid by retail
dealers In Missouri. It was charged also
that the companies siilfled the public Into
the belief that they were three separate
and distinct corporations, but that they
divided up the territory of the state, each
agreeing not to sell on the other's ground.
Thla suit la In the supreme court of Mis
souri. The second suit Is very similar to
the flint, but Is brought In the circuit court
of Jackson county, Missouri.
BELASCO DENIES AUTHORSHIP
Playwright Manager gars lie Old Not
Write Articles Signed
NEW YORK. Nov. 28 -David Belasco
yesterday denied with much warmth having
any connection with an article on the "Art
of Acting," published In a inagarlne over
IWboss stomachs rebel
atalast tea and find that
Bead "Tssloidu WclUillc" ia pkri.
I . -Borrv nr
his name, but ahlch waa In reality a re
hash of an essay written thirty years ago
by George Henry lewea.
The article In question waa sold to the
magaxlne. according to a statement by the
publishers by I.ee Kitgel. for I7&. The sig
nature was Mr. Belasco's. Mr. Belasco
says Kugel appfled lo him for a position,
an advance agent. When he was told there
was no vacancy he asked Belasco for an
Interview that he could sell, adding that he
wss starving. Belnsco ssy that though
very tired, he talked to Kugel for an hour.
Kugel made a number of articles of this
Interview and later returned to th play
wright manager to ask him for his signa
ture as a guarantee of their authenticity.
Mf. Belasco signed them without reading
MOTION IS DENIED
(Continued from First Page.)
Chicago, when Senator Burton submitted
his proposition to act as attorney for a
salary of $.Vin a month. The defendant In
this case agreed then to accept compensa
tion and was not responsible for the act
of the Rlalto Grain and Securities com
pany, which accepted the terms of the
agreement In St. Ixmls, continued Attorney
Court Overrates Motln.
"The notification that Senator Burton's
proposition had been accepted, which It
seems to me Is an Important factor," con
tinued Attorney Lehmann, "was sent to
Burton at Washington, D. C. after Har
lan had returned to St. Ixniis.
'Had Senator Burton at any lime pre
vious to the receipt of this notification
sent a telegram calling off negotiations
there would have beep no offense. Even
If upon the receipt of this letter he had
replied he would have nothing to do with
the matter, he could not have been Indicted
on this charge.
"It waa not until h had passed this
point; until after receiving this notification
he had answered It hy accepting, that he
became bound by his agreement."
When Attorney Lehmann had concluded
Assistant I'nlted States General Itobb
started to reply to the argument advanced,
but Judge van Devanter Intervened by
saying: "In the light of my understand
ing of the case. I do not think It neces
sary for you to reply."
Judge van Devanter then entered Into
an extended oral opinion concerning the
motion to quash the counts of the Indict
ment, and overruled It.
Following Judge van Devanter's opinion,
Postofllce Inspector Price and Thomas B.
Harlan were placed on the stand by the
defense. As objections made by the prose
cution were sustained by the court to com
paratively all questions asked by Attorney
Lehmann, the witnesses were excused
without much delay.
' Court then adjourned until tomorrow
MURDER FOLLOWS ELECTION
Praada In Sw York May Have Ceased
ratal Fight In Club
NEW YORK. Nov. 23 -Paul Kelly, leader
of the notorious east side band of that
name, may himself be a victim of the
shooting affray In "The Naples," early
Thursday, In which William Harrington
was murdered. A bullet hole was found
In a hat believed to have been worn by
the leader and from sources which the
police have not made known. It has been
Intimated that Kelly Is either dead or liv
ing In a critical condition In a hiding place
provided by one of his associates. ,
Election frauds are believed by the police
to' have caused the murder of W. F. Har--rlngton'm
the Little Naples dance hall and
the probable fatal Injuries of Abraham
Juckerman, who was found with a frac
tured skull some distance away from the
The dance hall Is at 57 Great Jones street
and Is conducted by Paul Kelly, leader of
n eaat side gang. From papers found on
the dead man, and from Information ob
tained from nine of the dancers, two of
whom were arrested after the dance, the
police learned that the quarrel started over
election matters. One of the prisoners had
marked ballot for the last election In his
pocket. Harrington was killed In the bar
room of the Little Naples during a re
volver battle which left the floors spotted
with blood and riddled the pictures on the
wall. Bartender E. 8. Scott, one of those
under arrest, sa)d that the light started
when four members of the Liberty asso
ciation, which is hostile to the Kelly gang,
entered the room after midnight. One of
these men, Scott says, ordered drinks for
the whole crowd. When every one was
drinking he Insolently pounded with his
list on the bar and exclaimed: "My best
friend was shot here Tuesday morning.
Are there any of you here who know how
to shoot? If you do, I'd like to have you
The challenge was accepted and In the
battle which followed the police say that
fifty shots were fired. When the officers
rrlved Harrington was dead on the floor
and all the others, Including the wounded,
In the dance hall had fled, after turning out
the lights. The dead man's dog was found
crouched over his master's body and whin
The police say that the friend of the
Liberty gang whose name waa made the
pretext for the tight Was John Ratta, who
was wounded at the Utile Naples last
Tuesday morning. The police also believe
that a quarrel over the division of election
money was the original cause of the fight.
WESTERN MATTERS AT CAPITAL
Nnniber of Rural Homes estab
lished and Carriers
(From a Staff Correspondent.)
WASHINGTON, Nov. !3.Speelal Tele
gram.) Rural routes ordered established
February 1. In Turner county. South Da
kota: Centervllle, route ; population. 440;
houses, 88. Chancellor, route t, population,
43R; houses, ST. Davis, route 1, population,
475: houses. 96. Dillon, route 1, popula
tion, 640; houses, m. Hurley, route 4:
population, old: houses, l(c. Marion, route
(; population, 170; houaes, 74. Parker,
routes 6 and ?: population. 75: houses,
167. Vlborg, routes I, S and 3: population,
1.513; houses. 36.
Rural Carriers Appointed: Iowa Adel,
route 4, Montle Ijiwuuii, carrier; Marie
Moberly, substitute. Desolo, route 2,
Frank 8. Mark, carrier; I.evl Chesnut
wood. substitute. Mlnburn, route S, diaries
Jonea, eurrter; John O'Brien, substitute.
Perry, ' route 5. Westley A. Thornburg,
earrler; David Ing. substitute. Waukee,
route J, Charles Hoeye. carrier: Fernando
Hueye, substitute. Woodward, route 4,
Clyde Calonkey. carrier; Romano flll,
substitute. South Dakota Fedora, route
1, Richard K. Zimmerman, carrier; Henry
A. C. Oroetschell lias been appointed a
letter carrier at Omaha.
I Dangerous Coughs, Colds. Sor(, Throats
are quickly cured by Dr. King's New Dlt-
covery, toe and 1100; guaranteed. For sale
by Sherman at McConnell Drug Co.
Kdward Mar lait Madrid.
MADRID. Nov. 3. Official circles here
egpect King Kdasrd to visit Madrid In
May, following Emperor William's visit to
this eltjr la AjfO.
BALFOUR MAY RESIGN TODAY
Eimor that the Premier Hit IVchW to
Bring Ministry to Clone.
PLANS AN APPEAL TO THE COUNTRY
Relief that at End of Cabinet Keaslun
Today Alt Resignations Will
Re Snhmllted to the
LONDON. Nov. if Tremendous activity
developed In political circles today conse
quent on the circulation of a well founded
report that Premier Balfour had decided
to bring his ministry to it close snd to
directly or Indirectly appeal to the country.
Rumors regarding the resignation of the
cabinet and the dissolution of Parliament
have been thick for three months past, but
when two of the leading government organs
today, almost In the same terms "sug
gested" the Immediate resignation of the
premier on account of the unmenduble
breach In the unionist party over the fiscal
question, the "suggestion" was looked upon
as having been Instigated by Mr. Balfour
knowledge that prior to the publication of
himself. This was strengthened by the
the editorials Mr. Balfour met certain In
fluential persons at his official residence In
Downing street. These two facts, when
coupled, led to the belief that the premier
had Intimated at the conference his Inten
tion to resign, and as he had Just returned
from a visit to King Kdward at Windsor
castle It was believed that his majesty had
been Informed olf Mr. Balfour's Intention.
Beyond this there is not tile slightest offi
cial confirmation of the report.
Resignations Expected Today.
All political Interest now centers In the
cabinet meeting to be held tomorrow, at
which It Is understood the situation will
be discussed. Some well Informed persons
go so far as to say that Mr. Balfour will
go from the meeting to King Kdward with
the resignations of himself and the other
members of the cabinet. Conservative snd
unionist papers ore In favor of the resigna
tion of the cabinet, which will place the
liberals on the defensive In case Sir Henry
Campbell-Bannerman consents to form a
cabinet, but the radicals say that the resig
nation will only mean dissolution, as Sir
Henry, if requested to form a ministry,
would certainly decline to do so until the
verdict of the people became known. The
liberal papers point out that while Mr.
Balfour may attempt this tactical move
"they are confident It will fall on every
side and that therefore the dissolution of
Parliament is believed to be Imminent."
There is no thought, however, that a
political campaign will be forced prior to
the beglnnlnu; of the year, with the elec
tions somewhere about the end of January.
I nionlsta I'rod Premier.
The Associated Press understands that
forces have been at work Inside tho party
for some tlmo to bring about the present
situation. One prominent unionist recentiy
wrote to the premier asking whether It
would be considered disloyal if ho Intro
duced early In the next session a resolution
bringing the whole fiscal question squarely
before the house. He told the premier that
the unionists are tired of being twitted
concerning their attitude on the fiscal ques
tion on the last term, when they repeatedly
declined to take part In debates or divi
sions In deference to the wishes of Mr.
The premier's reply was not given out,
but the Associated Press understands In
any event the unionists intend to push such
a resolution, which they believed would
mean the deXeat jt the government.
Tlie political situation was . so radi
cally altered during the last week 'that .even
the government supporters no longer argue
that tin Balfour has a sufficiently united
party at his back to again meet Parliament
with the object of Initiating any legislation
to the public advantage.
The premier's appeal to the unionists at
New Castle a week ago to unite on tits
fiscal policy has not met with much suc
cess. On the contrary, Joseph Chamberlain,
the most powerful member of the union
coalition, directly Joined issue with his
chief by a speech at Bristol Tuesday, call
ing on unionism to rally to the support of
his own more drastic fiscal proposals, which
Include a GO-cent tax on grain.
Party Division Marked.
The clevage of the party was thus more
markedly accentuated and many union
ists politicians hold that no good purpose
could be served by a longer retention of
efflee and that tha weakness of the party
will only be further accentuated by a per
petuation of the existing rivalries between
the two sections.
A cabinet meeting has been culled for to
morrow. This will be only the second held
this fall and the fact that there have been
so few conferences between the mlnisteis
Is taken as another indication of the imln
ence of a change of government.
On the btock exchange a definite an
nouncement of the resignation of the cabi
net is expected at any time and the whole
market today was flat in consequence.
The liberals are Inclined to resent Mr.
Balfour's resignation at the present mom
ent. They contend that the premier should
remain In office a few weeks longer and
himself dissolve Parliament and appeal to
the country. The lilierals see no reason
why the present opposition sluiuld put them
selves to the Inconvenience of forming a
government In the dark without knowing
what forces they will command in the new
Parliament and they object to what they
designate as Mr. Balfour's "tactical man
euver," whereby the liberal attack would
be turned to a defense liefore election, and
Mr. Balfour would be given a free hand
to arrange with Mr Chamberlain for con
certed action agajnst the liberal pally.
BREWERY WORKMEN LOSE OUT
Kualnerra, Firemen and Teamsters
Are Ordered to Join Isiinit
of Their Ottn Trndea.
PITTSBURG, Nov. 23. The dispute be
tween the Brewery Workers' union and the
federation, which has consumed the greater
part of two days of the American Federa
tion of Labor convention, waa finally dis
posed of shortly before adjournment today
by the adoption of the Morrison resolution,
which provides that all engineers, firemen
and teamsters now members of the United
Brewery Workmen's union shall withdraw
and Join their representative unions without
Injuring their standing as union men. The
Jurisdictional fight between the woodwork
ers and the carpenters was also adjusted
bv providing for a conference of the two
trades In lndlanr polls on January !o. Vt. j
when a mutual agreement will prnbahly I
Always. . RemttiW tha Tv U
axahva jromo fjoiaiaa j
not difficult to obtain.
$1.0 will start one. Every
person ought to have nu
Recount nnd ought to place
it where it will draw inter
est. Interest money
4 PER CENT
City Savings Bank
1 6th and Douglas Sts.
ISzt PARNAM ST.
ft Ne aoed traveling saieiman i
Ii II imart or too old lo laarn omethini new
XJ about ta
Jti ones" kit
Umtihln. Onlv fas "daad
nAw all. On aanaral talaa-
t v found out one thonund
difarent ways to tell xood. But onan tnai
tsvertl wtyt oort oi enouan.
inTALttOr Tax Road, telle a lot of tound
and tentible things about telling ld
matt of them you know but one of Ihem
mty be the ary one you'll nteo, tome tima.
to make "esouoa" to land the order. Any
how, thli book It full of bright, taappy Monti
that will hit the right tpol in eiy tales
man. And remember that there t lott of
good Muff in the book thet did not appear in
the Stturday Evening Pott. Oat It all
Price i. jo. All booktellert. t,
THOMPSON A THOMAS, lu CHICAGO
Tales Of The Road
Thar In no Pleohall site. Atom.
Lime or Ammonia In food mad wltaf
97 IN THt tAKIHt POWOt IHUiT
I mekee pur food.
Woodward & Bur rest.
SUNDAY, MONDAY. TUESDAY,
MATINEE TUESDAY; ' '
Tlie Dainty Musical Comedy, ,
THE SCHOOL GIRL
Oreat Company of TO People,
eluding CARRIE REYNOLDS.
Nights Sun. Mats. 10r,' &e
TENTH UtO WlCEK
THIC WOOUWAHU STOCK lO,
TONIGHT. SATURDAY MATINEE
SH ENANDOA H
Next Week The Banker's Daughter
Every Night Matinees Tliur.. Sat., Sua.
Hairy Carson Clark A Co., the Spook
Minstrels, Browning 4- Wally. D'irolliy
Drew. Ethel Robinson. Bi"wn & Havllla.
the lretta Trio and the Klnodronie.
PRICES -10c, 25c c.
Prices 15c. Se. 5ec,
Mats. Anv Seat,
The Big Musical Farce Comedy
THK FtV MH. UOI.F.V.
A comedy packed full of muHlcal Keins.
Big Ix'auty chorua Funny comedlaiia.
Sunday "The Chaperons." Seats on
sale now at uaual price.
ThursdHV-THE GIRL FROM KAYS
-H.at sale loduv.
LYRIC THEATER, K
KMI.H1) OF THK Mtft'ABEKS
Will Open With Drama
Sons of Mattathias
FRIDAY AND bATURDAT NIGHTS
November 24 and Admission 3.V.
Hy MatluniH A. I'upiii
on her wondciful
PIANO WITH 22 OCTAVES
Sal unlay, Nov. 2Vh. At 10:0 A. M.
AT t'HA.MHKHS AOAPKMTe "
Admission 5v. Tickets at Uoips a.
f 1 If A
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