Nebraska Newspapers

    THE -.OMAHA- DAILY- BEK: .-TUESDAY, DECEMBER 5.
TELEPHONE mi.
Now laisstietl In the w
lrtall rrftter, Howard
V arid Sixteenth .
SOreeta. .7
I
.Kcver tef ore have we showu so mauy pretty things suitable
store, with all its modem conveniences, will make your Christinas
Art Department.
Only three weeks until Christmas. If
you are making anything in the fane
rood line, better come and have a talk
with our Mlsn Steenstrup. She la an artist
In needle, yarn and crochet work. Free
Instructions each day from 2 until 3 o'clock.
New pillow topa In silk, tapestry and
ilenlms. W carry a complete Una of un
, covered sofa pillows In every wanted else.
I'hrpvimia fpltv.Voshld forms In all wanted
nUit) 'Auhdry ' H&gV all new designs.
Ws do stamping and fill all orders prompt
ly. BPEC1AL NOTICE The breaking of a
water pipe In our windows Sunday, did
very little damage to goods. Only goods
displayed In our south and one oast win
dow were wet. The lo.s was fully covered
by InsurgW-e. V f-' ' ' . '
Rare and Beaiilif ill Dress Goods
for HolidayShoppers Now
on Display.
You would think that Paris had poured
the rarest treasures of her art looms Into
this atore this season. Now here's a gift
that never falls to please, beautiful, and
the height of dress elegance. Just what
every lady would be delighted with. Little
wonder that the dress goods counter is the
renter of attraction these days, and that
we ore selling so many for holiday pres
entsnothing better.
811k and wool Polntilla Eolienne-eollennes
are here In greatest variety and most ex
nulslte prettlness, nearly all- silk, with the
shimmer of frost. The work Is so fine you
would think it an all silk fabric, in pretty
plain effects and tiny novelty weaves. Just
Howard
speaker, by Mr. Hepbijrq (la..) and the, first
applause waji begun. ,
Mr. Williams (Miss.) w'as nominated on
behalf of the minority by Mr. Henry (Tex.),
provoking democratic applause. Neither
made nominating speeches and the roll call
for.elet tkt.l .speaJter a once proceeded,
the .following Jejlers supervising the tally
sheet: Dcrfby (Mich.)'," Dickson (111.), Beal
(Tex) and Wehb (N. Cy. "
''Speaker Cannoa Takes Chair.,
Rpeakr Cannon' received" 'M votes and
Mr, Wimapi. Ji Clark McDowell declared
Mr.. Caanpn.. "duly elected speaker ot -the
Klfty-nlntb congress." .'jje, was brought In
(he hall and escorted to his chair by Rep
resentatives Willlanfs of 'Mississippi. Kelfer
uf OhtojiVrMajid: of! Ktsr York and Un-derwoc,,-of
, Alabama. tiJI was Just 1:06
o'clock when ,M1r..,Cainnop ,4ntered the hall.
He ' Was received by the members of the
house, ' while applaase ' came from bot h
sides and than galteryJ . i t". - :
Representative Bingham jot Pennsylvania,
father of the house, administered the oath
of office to Mr. Cannon, after which the roll
wa called ,by sJiates . (or the purpose., q.f
administering the oath to members. Those
faking' th WfVrM,nA;wVs administered
My thespea'Kf ?Ainq ;yrwrd to the space
In front oti Jhe ,speah;er'fl dv-sk' , .
flvfuh'nhlmo'is-consent 'Mr,' Marshall of
North Dakoto'tnok ' the?' Girth,.' though his
credentials-haft 'not arrived.
torher OHloers Elected.' .
On' iuoijon of Mr., Hepburn, the officers
of Uie house of lhe last . congress were re
elected 'n'd sworn In, tW house first voting
down the officers proposed by Mr. Henry
(Texas) on behalf of the minority.
The officers were sworn In, including
Alexander McDowell, clerk; Henry Cusson,
Sergeant, alarms; F. B. Xyon, doorkeeper;
Josapli, Q, McElroy, postmaster; H. N.
Cnuden, chaplain. "
Resolution's were' agreed to for the noti
noatlqn fof '0e president that Mr. Cannon
uad betrn, elected , speaker and the appoint
ment p.,a, commlttee'.pf three to Inform
the president thait the house was prepared
y v.'
tV .
SOME
4"
SUGGESTIONS
And a
Few Words About
Quality.
to by for ' greater rtls
(tturttny to glre a, "cheap" re
lnvwBrnnce than to give none at
lt3-lt ttot to be Inferrwl tbnt
a gift must W coatly to Ik4 grntl-t-ijVc,tV:it
aho'uld be right !n
tiUty. regHnlleas of its Im
portance. Wtiyr thert-fore, take iliamc
and buy where quality is uncer
tylu?; Our label baa atood for
'yv'.an absolute guarantee of
,4bdperfectUm of every article
bating It. -Wby not arall your
;lf of the protectlou It affordar
tfcoata you' nothing. The fol
lowing few lteiua Illustrate the
price advantages we offer:
;oivi? i;.50 tp, .'. . . .WOO
Vinbrell8. .-60 to. . ..f 10.00
Dreaa Mufflers, ft.00 to...VOO
fNeckweai1, 50c to. .... . .W.OO
fikth Robes. $5.0 to. . .920.00
-Vtar'S. to. .te.oo
Hihioklng Jackets, fa to. 912.00
Pyja-mae. Oto W.OO
liandkerchiefs, 15c to... 91
HcOry. 25c to 94.00
F&s , Broa. Pwby a 93.00
Knox Hata 93.00
Stetson HaU, 14 00 to. .93.00
Opera Hata 98.00
Silk Hata .90.00
Hat Boxes. Suit Casea, Scarf
Plna. Cuff Buttona, etc.
Pease Bros. Co.
1417 Far nam Bl.
i!
T ,
C1IRI5TA1AS
Christinas
here and there a suggestion of figure about
the else of a pin polnt-41.no and $1.25 a yard.
IMPERIAL. 8ILK. AND WOOL CREPE
EOLIENNE none of the lovely fabrics'
that Paris has favored for dressy gowns
are missing from the special collection for
holiday shopping. Here's . a Crepe Eoli
ienne that looks ss If spun by fairies, the
glimmer of moonlight woven Into the silk
en threads, in pretty shades of reseda
green, champagne, mode, blue and brown,
43-inch, 12.50 a yard.
PRETTY BLACK DRES8 GOODS FOR
HOLIDAY TRADE when in doubt what
J to give, give black. You can make no
mistake, black is always good. Ho many
kinds to show you, silky, soft, In s-ores of
pretty weaves from Sue to J.1.00 a yard.
Broadcloths for tailor gowns, show the
same exclusive beauty. "Princess" broad
cloth at $1.00 is great valtie. "Opera" at
$1.60, with Its unusually pretty , tlnlsh and
superior quality. The new Parisian Spot
Proof, soft finish at $2.75, $3.00. $150 a yard.
Christmas Handkerchiefs.
There is no item In the list of gifts that
Is 'more acceptable than handkerchiefs be
cause they are useful. One rarely has too
many.
Our holiday -showing is the largest as
well as the choicest in the history of this
store. You can depend upon them being
linen when we say so.
Women's initial linen handkerchiefs, fine
quality, 15c each, or 85o one-half doxen.
Women's Initial linen handkerchiefs, one
of the best values ever offered, I5c each,
or $1.40 per box of six. '
. Women's embroidered all linen handker
chiefs, put up In fancy boxes of six, each
and Sixteenth
for business. The speaker appointed
Messrs. McCleary (Minn.). Littauer (N. Y.)
and Willlama (Miss.) as this committee.
A resolution adopting the same rules as
prevailed in the last congress, offered by
Mr. Dalsell, brought on the first debate,
which was short, but provoked consider
able laughter. - - -
The resolution was adopted, after which
the annual drawing of seats took pluce.
Speaker Cannon announced the appoint
ment of -the committee on rules and the
committee on mileage as follows: - '
Rules The speaker, Dalsell (Penn.),
Grosvenor (Ohio), Williams (Miss.), Do
Armond (Mo.). I
Mileage Reeder (Kan.). Flack (N. Y.),
Wharton (III.), Lewis (Qa.) and Wood
(.Mo.).
Resolutions lamenting the death of Sen-,
ator Piatt of Connecticut were adopted at
the Instance of Mr. Lilly and regarding
the death ,of Representative - B.' Ft". Marsh
(III.) by Mr. McKlnney. As .-a. further
mark of respect to the deceased, the house
adjourned at 3.36 o'clock.
In the ftenate.
It. was a familiar scene at 12 o'clock today
when Vice President Fairbanks called , the
senate t order with twd Strokes of thu'
gavel. There were, few .chanaea in, the
membership... Death had taken away Ben-,
ators Xtate of Tennessee and Piatt of Con-
nccticut. There wrfre bo changes among
the senate officials.
The first arrival on. the floor was Ben-'
ator Sutherland ot Utah. ie came In about,
It o'clock and a few moments later Senator
Hoyburn appeared. Krom that time on
there were receptions in cverj"part of. the
chamber, the marble room and the cloak
roome.
In the meantime the galleries had filled.
The public galleries were well occupied as
early as 10 o'clock. The galleries were
opened at 11:30. but the waiting crowd had
taken nearly vnrv K.nl uiihin flvo r..i,,
utes. In the audience, were the families of
many senators and -. men In public life.
Mrs. Fairbanks and her daughter, Mrs.
Tlmmons. were early arrivals. They occu-
',r miiery, in company wun
omo friends. Several members of tho dip-
lomatlo corps were present, the first nr-
rlvHl being Minister Obaldla of Panama.
The hum of voices ceased when the vice
president's gavel sounded and Chaplain Ed-
ward Bverett Hale made the opening'
prayer. He referred britny to th. months
since the senate had been In session and
to the work before the members. He con-
eluded by atklng the senate to Joli! with
him in the Lord's prayer.
8lxty-eight senators responded to the roll
call and the vice president announced that
the senate was ready to transact buslnesa
At 12:15 the senate adjourned as a mark
of respect to the lute Senator Piatt of Con-
ntlt.
Senators Knox and Aldrlch, who have re-
cently been elected to new terms, look the
oath of office. Senator Stone presented the
credentials of Senator-elect Warner of
Missouri, and Senator Oormun, in the ab-
sence of S nator Carmack, presented tho
credentials of Senator-elect Fraxier of Ten-
nessee, and the new members were sworn
In. The credentials of Senator TalUferro
of Florida wei presented by Senator Mul-
Senators Allison and Morgan were ap
pointed aa a committee to wait upon the
president, together with a committee from
the house. The secretary was iiistneteH
to Inform the house of representatives that , paper man and public agent of ti
the senate was organised. Senator Bulke- ' puny. ,to secure the publication
ley then notllled the senate of the death of favorable to the company . 2 ,,
Senator Piatt of Connecticut. Resolutions It was being criticised In the . !!'
In memory of the late senator were read. ' Mr. Bell had aaid that he e mm PRp
after which the senate adjourned .. '. I much TO nf ..C,,,',h
further mark of reHpect. At tomorrow's compelled to renort to ti, L "e wer not
session the president's message will be re- what he expended it for! COmp' J
Kiana Urdlnnnon
The Evans gas ordinance which was en-
"..hit. iiiiii. u in ifntrnm me gas
nine o to restrain the gas
m erecting a gua tank without
of the .residents within l.OuO
proposed site will remain in
l lie consent
force, notwithstanding Mr. Kvane intro-
Kvums introW
ce. This the
:ti rndXlVel?
nee. No other
uucea a rept-aung ordinance,
council committee decided a
neid Monday arternoon. when
post noned the latter onluiun
-.w vu(,f,niLv, nit
railroad trackage ordinances not even being
mentioned. "
"Keep
Dr: Graves'
Tooth Powder
I and use it twice every day. ' It
preserves, brightens and whitens '
good teeth, and keeps the bad ones
from getting any worse." That's
what the dentists say.
la handy sal anna an WtUns, ag.
Dr Graves' Teeth Powder Co.
BEE. DEC. 4. .
Shdppirig
for gift giving. Our daylight
shopping here a pleasure-
handkerchief different pattern, $1.40 a box.
Our S6c. 50o. 76c, $1.00 and $1.50 line ot wo
men's all linen embroidered handkerchiefs
I the rholcest selected linen ever brought
to this country. You will appreciate the
values as well as the new pattern. We
enrry a complete line of men's handker
chiefs. Bath Robe Blankets.
'We- again want to 'direct your thoughts
to our robe blankets. As a gift, there s
hardly an article more appreciated or wel
comed. With the aid of our McCall paper
patterns any one that can sew at all, can
make a bath robe out of one of our beau
tiful robe blankets. They are reversible,
one side In light, the other dark. Colors
are woven In and will not fade In proper
washing. '
Magnificent assortment to select from
at $1.75, $2.00. - $2.26, $2.V). $2.75, $3.00, $.1.50,
$4.00, $5.50. J.50 each.
Cords and tassels to match 50c per set
of three pieces.
Customer's Deposit Account
Department.
The perfect system for those who want
their purchases charged, and still have the
economies of a cash store. .You may de
posit any sum that suits your conven
ience. ' Your purchases In this store may
be charged to your account. You ure priv
ileged to withdraw any or all .f your
deposit at any time. You do not have to
trade It all out. We pay 4 per cent Inter
est, compounded every three months, so
your money Is earning Interest for you
dally. It Is not a bank.
Streets
ARMSTRONG TALKS OF WORK
Saji Insurance rommi.te'i Life Does Not
End with Canrening of Laeislalare.
CORTELYOU AND BLISS MAY BE CALLED
George 1. Eldrldge, Vice President
and Actuary of Mutual l.lfe.
First Witness on the Mattel
.In the Morning;.
NEW YORK, Dec. 4. Senator Armstrong, i
chairman of the legislative Insurance com
mlttee, said today that there was an er- '
roneous Impression that the life of the. com- '
mlttee would bo at. an end at the begin-'
nlng of the next session of the legislature i
on January 1 This, he said, was not true.
The committee would continue In existence
and would continue to sit and tnke evi
a"nc n," h. legtalatwre' y- Joint' action'
,'dred to atff'PhJnlgiitlti
Ki.
t f '
" " "le and 4ntctid," said Si nalor Arn;
,"trona.."to hnlah this Investigation by De-
'ember n. and to make our report to the
''1ture when it opens. We have got at
' ' n,an things and the moral effect Is
" ' "
Tll 8eitor said It is possible that Post-
'"a8tor. Ckneral Cortelyou and Cornellua N.
f the ""Pohllcan national committee
called, but he does not see any rea-
on wh u,ey should bo. Asked about the
probability of calling other witnesses.
Bmon whom H. H. Rogers had been men-
Uone1 a possibility, the senator said the
commlt,o was not appointed to Investl-
Bftte th Standard OH company. "There
are insurance men." he aalH
glad to bv us devoto the twenty-three
oaya remaining to something el.. iKo
surance."
Methods of Mutual Rm
me niost intrreirtlng developments in the
legislative Hfe insurance investigation was
, coaUlned In the testimony of Horn.., P
BroCkway. a hotel proprietor ond dir.iAr
of the Mutual Reserve Life Insurance I
Vany. who said that he had given U ooo .
President Frederick A. Burnham of that
company at tho demand of Mr Burnh
In m. Mr. Erockway told the' commltte.
that Mr. Burnham told him that if h
, would take oust policy in the Mum I
Reserve he woild make him a diVector
' Mr, Brockway then look out ooll I
, amounting to $6,000. After havinr be C "
I director for some time he was put onn
' payroll or the company at 13uo a v
received that salary for four mnnih. ' j
Ithen It was cut to ran . ' ""1
what he did to earn that inonev' he at id
h looked over some luuns for the c n
P""'. was consulted by policyholders as to
whether the company was a good one t
Insure In and did whatever he was asked to
do- He had boen getting noo a week elaht
i when, Mr. Burnham demanded the
: lne
I Moner falu
What President Burnhuin did with
in did with . i.-.
J money was explained by George' D. El-
,,,u.ni ana actuury of the
Mutual Reserve Life Insurance company
hln!h:",tln,ed.that Pre"ldent Burnhain to d
him. he had z ven i t.. mio.... i.-..
, " . saui ha is 8U, a dllecton
, of the company. The reason why President
it- x i , . .
i "J? W1". Clled befor he com-
ur nis physician who
told the committee today that w, ',.
. ham is too sick to snnlu, Burn
T .?, appear or even make a
wj ma pnysiclan -i.
""i1""""'"'
j Vice President Eldredge also testis.
h'. company had much trouble wn
; J- 1 lunle when he was superintendent
deiiosltlon
ist
rew
ndent of
. insurance ot I. aiirornia an in ..i
, trnm U97 Ml(l Ih' " a",d m cars
J ,rom lK7 P"'d Thomas J. Clunle. the com
missioner s orotner. 7.6W in counsel rMa ,0
represent the company before the Insurance
commissioner and legislature of that state
Mr. Hughes was investigating the relal
lions of the Mutual Reserve Life Insurance
company with the New York state Insur
ance department when the committee ad
journed until tomorrow.
Senator Armstrong, chairman of the com
mittee, said today that the commute, ex.
peeled to finish Its work by December 11,
but that It It d not the committee would
not paaa out of existence when the leglsla
ture assembled unless that body so ordered.
treat Lnwsnli Dvelned.
The supreme Court, he People, has de
rided that Dr. King's New Disceovcry wins
ale by Sherman- McConnell Drug Ce
against Couglia aj Cold, euc and U. i'er
CREAT FLOOD OF BILLS
flnndredi of Pmpoiftd Utaiorei Covering
Wide Ean Ia.redbced in Hodm.
SlX-tCAR TCRM FOII'THE PRESIDENT
Insuranee, Interstate emmeree, Sal
aries, Panama Canal, Phlllpalae
Tariff ana OthVr Snbjeets
A gee ten. ;
WASHINGTON, Deo. 4 A large number
of bills and Joint resolutions were Intro
duced In the house today. They cover a
large variety of subjects, Including Philip
pine tariff, statehood, pensions, regulation
of the hours of employment In the execu
tive departments, merchant marine. In
crease of salaries of fhe vice president
and members or-, th . "cabinet, requiring
corporations to make reports of their af
fairs to the commissioner ot corporations,
Increasing the powers of the Interstate
Commerce Commission, Investigating of
campaign funds, of expenditures on the
Panama canal, of Insurance companies do
ing an Interstate business, of cotton re
ports n.hd ot 'The ceirttunn of child labor,
prov!nlon for '.ai-'year term for the presi
dent and the election of1 fcehntors.by a di
rect, votet of the Vcopl;
Admission of Oklahoma and Indian Ter
ritory as one state was the subject of the
Mi ft bill Introduced in the house. The bill
wss prepared by Delegate McOuire of Okla
homa and Is almost Identical with the
Joint statehood bill of the last session.
Philippine TnrlfT Bill.
Representative Payne of New York In
troduced a Philippine tariff bill, to pro
vide temporarily tor the revenues of the
Islands.' The bill stipulates that all prod
ucts grown or manufactured exclusively
In the .stands are to bo admitted to the
the United States duty free, excepting to
bacco and Migar, which are to pay Ji per i
cent of the regular duty on their products.
Iho export duty charged on such products I
when they leave the islundn Is to be do
ducted from tho amount levied on them
when admitted to this country.
j Representative Robinson of Arkunsns In
, troduced three Joint resolutions providing
' for the Investigation or campaign funds,
j expenditures on the Panama canal and
msuiancc companies naving an interstate
business.
Cam pa I aV Fends.
The campaign fund resolution provides
for a special cOmmlstlon of "tit teen mem
bers of the house and five senators, and
stipulates that 'campjlgit funds be Investi
gated for the years W2, 1MW.1DU0 and 9A.
The Panama Cahat 'expenditures resolu
tion provides for a special committee of
foul' senators and seven members of the
house, and the insurance resolution pro
vides for'a'coniiniuee'bf five-senators and
nine members ot the house. This resolu
tion suggests' that the committee conduct
Its Investigations with a view to reporting
on the feasibility of federal control of in
terstote Insurance. .
Representative Lewis of Georgia Intro
duced a resolution providing for a special
investigation of,.-the, methods of the De
partment of Agriculture and census bureau
lii making cotton reports. The resolution
states that reliability ot Uie reports made
by the government on, cotton Is generally
questioned and s'ugk'-sts that the commit
tee, whjrh is i tp fon?lst of seven members
appointed by1 tslMUs. . -report .' on some
trustworthy plan for compiling informa
tion relating to cotton.
Representative William Alden Smith of
Michigan Introduced a resolution asking
that 'the ertVar"V ifKe pa vy Investigate
th Jienies Atettyreif Grant Hirltain and
tV VnUed Statys Vhlch prtjvet the Cnlted
States from h4v'nB more than one warship
on the Great take at. one time. The
resolution states that this provision makes
It impossible for American shipyards to
engage In the bailflirisj of "warships on the
Great ljikeS..;.Reresentatlv.-aardlner, of
Mtisaf-huslts intljoduee,dva resolution pro
viding that the secretary of commerce and.
labor be required to Investigate and report
on the question of child labor wherever
children under1 14 ire employed. This In
formaMotf'la .to be! furnished to the house,
together ,with a, xsjvlewr.of .state laws and
4 statement as to their effectiveness. ' t
' Other' Bills and Re'aolotlona. .
Other bills and 'joint resolutions intro
d'ueed today -We the followiiwr!' r' : ''
By Representative 4Oudenslager of 'New
Jersev, fixing the salary of the vice presi
dent at tli.av andVllxlhg -salaries Ot caWrtet
officers ai 113.000. . ,
By RepresentalivT Ijoverlrig of Massa
chusetts, to plsee-hldes on the free Hsu-
bv Representative Llttlefield of Maine,
requiring corporations t make Tull retiorts
of their affairs . to .the. r commissioners of
corrwations.
By Representative' Dalsell of Pennsyl
vania, providing a. peju'lpn. of,.Jl ier day
for every day that veterans of the civil
war were detained In confederate prisons,
and also granting such veterans $12 per
month In addition -to the. per diem allow
ance.
By Representative cousins or lowa, r-
tu.-11-iif 1 1t ttiiri.tml hAnltmntrv net
By Representative Murphy of Missouri
removing the restrictions on the aliena
tion and taxation of land in Indian Terri
tory. By Representative Brick of Indiana, pro
hibiting the giving of premium checks with
cigars or toltacco of any sort.
Also a bill granting pensions to soldiers
and sailors Incapacitated for labor, the
pensions to range from t to 112 a month,
and persons more than 6J years old to be
regarded u totally incapacitated.
By Representative Snapp of Illinois, to
estaltliHh a postal savings bank system.
By Representative Hwirst of New York,
to Increase the owera of the Interstate
Commerce commission and to exiiedlte the
final decision of caaea under the net to
regulate commerce by creating an Inter
state commerce court. I Introduced by Mr.
Hearst 111 the last oongressi. Also for the
election of t'nited States senators bv direct
vote of the peop) and "to enibre the
1' nl led States of America to acquire, main
tain and operate electric telegraphs and to
pay therefore by sole of bonds redeemable
out of the net earnings."
By Representative Sulser uf New York,
declaring right hours a . legal day's work
on all work dime by-or through the gov
ernment; making Alaska a territory with
ix delegate In congress. ..
Bv Rt-presentatlve t'nderwood of Alu
bama, for appeal of the fifteenth amend
ment to the constitution.
TO Ct lilt A rOLD II OMi OAV
Take Laxative Bromo Quinine Tablets
Druggists tefund monev if It fails to curs
. V. Grove's signature Is or. each box. 24c,
DEATH RECORD.
; TJarld ; Phllllna.
KEARNEY. Neb-. Dec. 4-8edal Tele
gram.) David T. Phllips died at his home
In this city this atleruoon after two years'
suffering from cancer. Deceased was a na-
.tive of Ohio. In wnich state he was born
sixty-seven years ago. Twenty-eight years
ago he came to Nebraska, settling in Clay
county, where he remained until about
thirteen years agni, when be came to Kear-
RICKETY ' "
FEELINGS
coma from Starvad
NarvtSi
Grape-Nuts
food will build back
strength a ad vlj or.
"There's Reason."
ney. Deceased leaves surviving him a
wmow, four sons and three daughters. Mr.
Phillips was a member of the Masonic fra
ternity and the funeral will he held on
Wednesday.
MOODT MLS HIS REPORT
(Continued' rrom First Page.)
When a demurrer Is sustained, under the
present state of tho law. there Is no way in
which the qiiestlon of law, so derided
sgainst the government, may' be' reviewed.
When objection to tho Indictment is based
upon some constitutional or other funds- ;
mental ground, a decision of this kind i
on demurrer by a lower court, as It estab
lishes a precedent, practically results In the
abrogation of the statute upon which tho
Indictment Is band.
i recommend the onactnient of a law
giving to the United States the same right
to a review In criminal cases llirnughout
th l nlled Btstes ss is now nfTordod Hi
th District of Columbia by section iJo of
me coae.
Misconduct In Utile.
Misconduct in office was always n grsve
oheiiKO under the Kngllsh common law.
As such It was brought to this country
and was embedded in the eomniort law of
Maryland and thence was transplanted to '
the District of Columbia. Various decisions
of the courts ot this district show that '
there this crime is a federal offens", al-
though within the territory ol .!' states
there are no federal common-law Crimes.
After experience In pending ens-s, mid
notably the "cotton leak' case, and -aiter 1
careful reflection, I am convinced Unit the
federal statutory law should niHKe this an
offense throughout the L'nited Staf s. Its
present roeni meaning and - Application
should be enlarged for purposes t-f pun
ishment substantively and tor purposes of
removal for trial In gem-rut between nil the
districts of the t'nited States. 1'he scope
of the crime under tnu comriinn law should
be reduced to precise spcctrlcHtton. it Is
true, as a mere possibility, aa inc. mutter
stands at present, tlia; IrroKUlarlili-s and
misbehavior, wnich flit- biHinm but
trilling, mny lie Inclined trt i.t- Iclluition
of the onense; but tun most serious and
essential criminal mutters Wnich 'now es
cape definition and punishment ' in the
criminal coue are also includ'. d.
It Is entirely feusllilo to Insure by the
terms of the statute ng.iinst tyrannical
persecution on petty accounts, but the law
should at onco take cognisance it those
situations In tne recent history of adminis
tration where dishonest and conspiring oill
cers of the government, taking advantage
of loophoh-s and omissions in the h:v, have
sKlinuiiy ranccrted, to tne vital ii.lury of
the public or the governm- nt. aohemt-s
widen are essentially fraudulent and cor
rupt. 1 recommend, therefore, that a statute
should be euactvd al this session of the
cousrvss whloh shall dt-al adequately with
this subject, ucfinlng the offense, providi.ia
for Its punlslimi'iit, extending the prohibi
tions of the law throiltihoul tlie 1'nited
Htuies. and Including this offense In the
present laws concerning icmoval or In any
amondmenL of those laws which may bo
unacted consequent upon tho recommenda
tions relative to that subject which I have
nitido In tills rexirt. I shall have the
honor to submit hireaftcr to congress an
outline or suggestion of a suitable bill for
thla purpose. .
Suppressing; Discrimination DlrHenlt.
Several enses. In which It Is alleged there
have been violations or the Kiklus uct, have
Ijeen prepared, placed In the hands of the
district attorneys In three different states.
and will soon be-submitted to the grand
juries for their action.
In all cases In which tho evidence has
been famished to the department of vio
lations of the Klklns act appropriate action
has been taken. It is Impossible for the
department to proceed upon rumor or upon
any basis except evidence. The Depart
ment of Justice Is not equipped with any
forcu whose duties are to obtain evidence
of violations of law. and relies to a con
siderable extent upon the Information vil
lained by the Interstate Commerce com
mission. Rebates, discriminations and de
partures from published rates are secret
crimes, usually known only to the ship
pers concerned and the officials of the
railroad, and ordinarily can ho proved oiuy
by the confession of some one of the per
sons implicated In the wrongdoing.
Officluls of railroads have - in general
terms assured me of their willingness to
aid the department In every way In en
forcing the provisions of the law against
rebates, discriminations and departures
from published rates, but lia.ve declined to
render the only assistance that would be
of the slightest value, namely, the fur
nishing of evidence proving tho offense.
To every Case of this kind there are two
guilty parties. The department has been,
and Is, willing to accept the evidence
'either or the shipper or or . inn raiiroan
official, giving him the Immunity from
prosecution which would result from the
use of tho evidence, and to proceed by
indictment against the other guilty party.
But. for reasons wmcn win d appreciaiea
bv all, men have shrunk from betraying
their confederates. Tho cases, therefore,
In which evidence hfj btcr. or will be ob
tained sre occasional and exceptional, and
unless we are content to allow the evil of
the . discriminatory practice -by common
carriers to continue, with now and then
the punishment of a detected crime, some
remedy which reaches deeper than any law
now upon the statute book must he found.
Tho Interstate fommerce commission and
the Department of Justice, by the exercise
of the utmost diligence, can discover and
prohibit or punish only a small percentage
of the discriminatory practices which ac
tually exist.- it seems probable that the
direct payment of rebates In money has
largelv diminished. It Is alleged to bo
true, and the. evidence before this depart
ment, so far as It goes, tends to support
th allegation, that, though clothed and
disguised by various devices, the practice
of giving one shipper preferential treat
ment over another In like situation, in
substance, still continues.
' 8uest New Weapon.
If th power,' upon complaint, to fix a
future maximum rate and put It Into effect
within a reasonable lime1, subject to appeal
to the courts. Should be given to some
administrative bouy created by congress, u
weapon against discriminatory practices,
mucn more potent than-any now avail
able, would be put Into the hands of Hit
government. t'pon proof that a iowei
ate had been given to soino preferred
snipper the body clothed with tne powoi
to fix a future maximum rate might well
determine that the rate which the rail
road could anord to give to tno preferred
shipper It could uflord to give to all ship
pers in like situation. Hucli a finding, it
could be predicted with certainly, the
courts upon appeal .would not reverse, for
no better evidence of the legality and Jus
tice of the rate 1hus' fixed coma lie found
than In tho action of the - carrier Itself.
It would be dltllcuU for the carrier to
maintain that n rale actually charged b
it was confiscatory or unjust.
Illustrating by th case of the Pahst
Brewing company, it might well lie found
that the railroads concerned in that case,
which were able to transport the beer of
the Pabst Brewlnjs company In tho private
cars of the transportation company at a
net price 12 per cent lss than Uie published
rate could well afford to transport all beer
under like conditions at the same rate.
In placw, then, of tho long drawn out pro
ceedings bv petition In equity, with all the
opportunities for delays which such pro
ceedings afford, and of criminal prosecu
tions hampered as they are by the con
stitutional right of all concerned In tin
transaction to be protected against self
incrimination, a speedy remedy, with fen
delays and no embarrassing constitutional
questions, would be available. Buch a
remedy would not only be speedy, but in
very existence would act as a powerful
restraint upon all discrimination between
shippers. The fear of the carrier of in
junctions and criminal prosecutions would
be slight In comparison with the fear thut
whenever it was discovered that one ship
per had been given a lower ratu than his
fallows the same rut might be by law ut
once extended to all.
Moreover, tho Incentive to the shipper, to
struggle for an unlawful advantage would
b lessened If It became apparent that the
loser rate which he might secure would bo
I speedily rxtended to his competitors. For
It is the advantage over his cumptiltops,
lather than the mere saving In freight
I money, for which he Is most uagT. Thus
tne men) i r. -n w . . -. i ha
a future maximum rate will, the strong
probability that It would be exercised in
the manner I have indicated, would eflec
tlvely diseourage both the shipper and tho
carrier, th two parties to the unlawful
practice.
Proeeedlaw Inder Ik Sherman Act.
Th case of Swift and Company et al
unt. The L'niied Hiates, which was an
appeal by the defendants fiom the decree
ci the circuit court of the northern dis
trict ot Illinois, forbidding nnd enjoining
tne continuance ot a combination between
seven corporations, one copartnership and
twenty-three individuals, for the suppres
sion uf competition lit the purchase of live
stock, in the al of fresh meats, and for
the obtaining and division ol rebates Iroia
common cairiera upon th goods trans
ported by them, was argued b (or the su
preme court and the decree ot the court
below attorned on January 30. 116.
After the affirmative of this decree com
plaints from various quarters were made
to the department thai the Combinul ioiia
al 111 continued in tlrpartiutni thereupon
undertook by every means at lis rumrnauj
i to invtsngaiv the truth of lann complaints
I An exhaumive inquiry wa nude b.-(.r-I
the grand Jury .( Ihv northern tioorl. I,
Pure, Healthful, Refreshing
AMlindns
JL
" The Queen of
of Illinois, which i-esuitd !ri 'lie return
of -an indictment on uly 1. I&o. against
Armour Co. and J. Ogden Armour, presi
dent; Patrick A. Valentine, treasurer: Ar
thur Meeker, general manager; Thomas J.
Connors, superintendent, and Samuel A.
McRoberts, Assistant treasurer, of the snid
Armour Co.; the Armour Packing com
pany and Chsrles W. Armour, president;
Bwil'l and Company and l.ouls K. Swift,
president: Edward V. Swift, vice presl
dr.t; Charles H. fewifi. director: 1-aw-rence
A. Carton, treasurer: D. Kdwln Hart-
..ult .....1 All... if tr,.i..
' n I, a- ' Ullt, t W II 11. .... :J-.,J
Robert C. MeMtvnus and Arthur K. Kvans,
agents r the said Swift and Company,
the Knlrbauk Panning company and Kd
ward Morris, vlco president, and Ira N
Morris, secretary of the said Falrbanl'
''mining company: and the Cudahy Pack
ing company, ond Kdward A. Cudahy.
vice president and general manager of the
mild the fudahv Parkins company.
Against this Indictment many preliminary
objections have been urged, apd all have
b en disposed of in favor of the govern
ment, excent ten special pleas In bar re
cently filed and now pending before the
district court nt Chicago. J
Numerous alleged violations or the Biter
ii'an set hare .undergone careful examine
tl"ii In the denarlment. In some cases.
after full examination, the department has ,
declined to take action, and In other esses i
the investigation is still In progress. Sev
eral cares are In such a state of comple
tion that action in the near future Is likely
to be taken.
The consideration of this class of cases
has taxed the resources of the d-Tartnient
to the utmost. Muuy of these combinations
have existed for a long time. They conduct
their business secretly and with the aid of
skilled legal advice, and their operations
cover many of the states and In some In
stances all the states. Kach proceeding
undertaken has been preceded by labor, the
amount and character of which cannot ade
quatcly be described.
The gaiety Appliance l.avr.
On December 19, 1904, the supreme court
of the 1'nited States handed down its de
cision and opinion In the case of W. O.
Johnson vs. the Southern Pacific company, j
Although the government was not a party I
to this case, by lenve of the court it was j
heard by brief and oral argument. This -opinion
definitely settled almost every
point which had previously been raised
with regard to the Interpretation of tho
safety appliance acts, clearly sustaining tho
law and placing It upon a firm foundation.
Following this declslod. on December SO. !
1904. the attorney generul issued a letter of
Instructions to all l'nited States attorneys.
In which he said: "it does not appear that
any question can now arise as to the proper
Interpretation of the law. since this decision
apparently settles every disputed point."
Attorneys were Informed tha "the govern
ment Is determined upon a strict enforce
ment of these statute;.' and instructed to
pay particular attenlon to all cases of violation-brought
to their attention by the In
terstate Commerce commission or Its In
spectors, or by other persons.
t'nited States Prisoners.
Detailed statistics gathered with regard
to United States prisoners show them to
have been confined. In addition to the
l'nited Slates penitentiaries, located one
each at Atlanta. Gu.. Fort Leavenworth,
Kan., and McNeil island. Wash., In sixty
eight state Institutions scattered through
out the United States.
On Julv 1. 1903, there were 3,207 t'nited
States prisoners- in the various prisons and
reformatories of the country.
On July 1, 1A04, there were S.303 of such
prisoners
At the close of the fiscal year ending
June 30, 1900, there were 3.445.
MANY NfcW HaN IN HOUSE
- (Continued from First Page.) .
days, viewing the sights of Washington.
The party Is made up of members of the
State Press association of South Dakota.
Extending; Stock Shipping; Limit.
Among the first hills Introduced Into the
new congress was one by a Texas member
at the Instance of the western cattle grow
ers, which will have an Important bearing
upon the cattle Industry, the stock yards
and railroads.,! enacted Into law. Statutes
as nt present frnmeil require that all cattle
and other live stock while In transit by
rail must be unloaded at least once each
twenty-eight hours. Railroad men, cattle
men and stock yard owners are for once
in harmony in declaring this law should be
amended so as to permit live stock to re
main on tho cars for a maximum period of
thirty-six hours. It Is asserted that train
loads of stock shlped from inter-mountain
points, in Idaho or. Utah, for instance, can
not always be carried as far east as Denver
In l-s3 pian thlrty-slx hours. From Denver
to Omaha or Kansas City or from Texas
points to Kansas City will frequently re
quire thlrty-slx hours more.- The same is
true In the time required from Omaha or
Kansas City to Chicago and again from
Chicago to Buffalo and Buffalo to New
York or Boston. In other words, all in
terested agree that twenty-eight hours Is
too short a time for the maximum journey
for' live stock, while thlrty-slx hours will
afford relief to the railroads and shippers
alike. '. '
It Is understood that all the railroads in
the rattle belt are in harmony with the
shippers in supporting the proposed change
and that cattle associations In every city
where there Is a stock yard have joined
In urging the proposed change In the law.
In addition to tills Secretary Wilson is re
ported to be In favor of the measure.
COIRT TO. TRV MCBRAKKA PASTOR
Iowa Preachers to Hear Case of Rev.
' P. D. Blaekmore.
8IOi:X CITY. Ia,. Dec. 4.-Blshop Mc
Dowell of Chleago-arrived here today, and
tomorrow will convene the highest court
auie.. ,
Address
If you lh to rlv t copy ot til book men
tioned 4n thin ndvrtiisrmnl, writ jrgur niat
sddrnM In th apnc nbov tear off thin
romf and mall t Haltle C reek
convince you in tliis ad, 01
the value to You of our Free
new Look, . "The Battle
Creek Idea," you would be
glad to pay. $10.01) for it.
ThU book U ilubl feei-auM It showt ou
boar In Ue aUsd tQDg wHaaout uttin
druc mr nfltr me.
All U coi (mi, hovr. U Hi pri of
ttmp we n4 ii btiluitf f rar.
K the ttainniml or w 1.1 ton uf jour u
gud bMltti n4 th foo4 hltb of th'
dtr I utn irartb a vouial, mh4 tis oa
today (fr t oupo and w will for
ward th book promptly.
Tow Ma aoi oolic1 ruilf la any ay br
aatiWrog Ibla 4rtiMmMt. Yu ar aHbi'
rrquiroti to buy tnytMi-f aot to proni an
ihlba All w aab la tnai you r4 tua book
tart fully.
II itla bow yA4 nan ItT. In your owa bm.
with aul iturbmi your daily rootln la aay
way, a aana, bvatttful llfo tba II fo thai hu
rriorl tbuuauao tw kaaltb at iba faiuouo
fcUUi Track Uuilmrlum
ll im bow rw;iHa4 ibal ala-tntba All
diauaaiata ara c-aujaad by Improper 4li.
Von Mt 4tt3ai and yo t-t bub. ll la
all la lb rboH of loods. 'Th battH Croek
Idta ' will lll you bow to hoo rifbt. ao
a to cat and fcp (toud bitb '
U lb bcaltb im wertb Uior th book la
wui-tb aftkiiiaj for todav. Add cwa
'Ike btll k MaajliarfaiaM 'o
la1n Ul. Iau. Haiti 4 rw-k, Mit k
- vanitnrinm to., Ltd., I
r-w"-- -T7T Depl. IKIH, Bat I
I CTf Creek. I
I If we could "":'
Table Waters "
of the Methodist Episcopal church for th
purpose of hearing the nppesl of. Rev.
F. D. Blackmore of Tecumseh. Neb., who
recently was tried and convicted by his
conference of falsifying and immoral. con
duct. A Jury of six men will be drawn
front the Methodist pastors of the Bloux
City district to try the coae.
WESTERN MATTERS AT CAPITAL'
llnral Routes Kstabllahed and Car
riers Appointed . for South
Dakota Cities.
(From a Staff Correspondent.)
WASHINGTON. Dec. 4 (Special "Tele
gram.) Rural rdufe. No! S has been ordered
established February 1 at t.'tlca, Seward
county. Nebraska, serving 850 people and
eighty-five houses. '
Rural carriers appointed for Iowa routes:
lledrlck. route 4, Calvert Mllllken carrier,
Jessie Mllllken substitute; Templeton,
route 1. William II. Truhe carrier. Mr.
Carrie Truhe substitute.
D. 8. Bell has been appointed letter car
rier at Brookings. 8. D. Jessie i. Carnea
hns been appointed substitute letter carrier
at Aberdeen. S. P.
A Cil'AltAKTEKD CIRK FOR PILES.
Itching, blind, bleeding or protruding piles,
lour druggist will refund money if Paio
Ointment falls to cure you In S to 14 days. 50c
Sterling Silver Frenser, 15th 'and Dodga.
rs Month American Lino.
SAN FRANCISCO, Dec 4.-Th Toya
Kisen Kalsha Steamship company will In
augurate its service between Japan and
South America on December 6. when the
steamer Olenfarg la scheduled to leave To.
kohama for Callno. The departure of this
steamer marks the entrance of the Japa
nese company Into the South American
trade. The line la to include three bonts.
wrtleh will ply In the freight trade exclu
sively. They will ply between Chilean ports
and Jnpan and will run at Intervals of
thirty days. The steamers will be operated
In conjunction with the vessels that run to
this port under the Japanese flag.
A Skin of Beauty la a Joy rorovor. .
T. Falls. Oouraud'a Orlontal
Craam or Magloal Baautlflar.
RttniTM Tsn, Umpltn,
'rckle HoiK P.icIim,
Rwk, tni hkls Pwm,
ob rwtutf, sua ri
1m dcKctloB, It
bu stood lbs toil
r 7 yr. so
n h baroilM w
tut fit lrr.,tt
Is stsilT tnsrt.
A ectpt no count,
frit of tiunar
sun.. Dr. I A.
8 -T Mi t S
Uuly ef ib hurt,
tnn e sMUntit
At you IsdlM
will jm them.
'Gaarnnd'a Cream' tki taut harmful of oil iba
fciln prapsrat Kmt." F"r by nil drniflM nnd f naer.
uoodn Dealers In th TJnltnd Buu, CuutU sad Euros.
(ERUT. HOPKINS. Prop, 87 firni Jun Sfrat In Tart,
MEN AND WOMEN.
- diaKaMrtrM.lBllammaUaOM,
trriUtioD r ulcurfttioBt '
ef micoii aMtmbrftiiM. 1
Palll IITsl an nVat sagaA aUtasma ,
IrHtEVaSSCsIMICUCt. gant or solosow.
WSCIIIUTl.ir'! atala Oi-ngtrtnts, ' .
t. n,l. I '' nrttpp?.
rkl et.ee. srSbnttlraSJ.T.
Uifcaiar ea 'a,
AMl'SEHICnTI.
T f1 Prices 16c, 26c,' Wte. 75 '
IKUU Mat,. aov geat. &.
' 1 1 ' ' '
TONIGHT 8:15 ; " .:
Matin Tomorrow at t:30'
. ' I
WM. T. KEOQU'8 -
Magnificent Production of l"s;
The Gipsy Girl
A Heart Story of Tears and Daughter.
STARTING THURSDAT -ROSE
MELVILLE Id "
Sis Hopkins
Original Production. Sterling Caat.
... SUNDAY " .'
IN OLD KENTUCKY
BOYD'S
Woodward turM
Uanafers. ,
Tonight. Wednesday Wed. .MaUnee-'
Hall Caina'a Masterplcoe ,
THE ETERMAC CITV" '
With Jane Kennark and Original Cast.'
Thurs., Friday UND or NOD
Saturday night ...... SAM BERNARD
Coming, December W . CALVml
Miss Kennark will hold .-Reueptioa
BfUr Wednesday Matinee. .
BUKW00O
Nis " is nun. Mata hie. sm
' Ue. . Thill a.. Hal Mats IIUmm
TUB WOODWARD STOCK CO,
TWKLKTH Blfl WKKK Tonight
nnd All Week : ' -
Under the Ited Robe
Professional Matinee today with
Double Orchestra. ' ,
Matinee Thursday and Double Or
chestra. " .
Next Week-Why Smith Left Home.
Phens . .....
Every Night Matinees Thursday! Saturday.
Sunday. ' .
MODERN 'VAUDEVILLE ; '
Mina Morris Co-. Prelle's h.uiopeu
Novelty, the Three Nevaros, ' PowU, Me
is nl Trio. Joseph Newman, 2tiiiueC. and
the Kinodrome. ' . ,
. PRir-ES-Mc. 4f S0c "' ""
Dice Small Russian Steak
Wifh Potato Cakcs
TUESDAY DINNER. AT .
GAe CALUMET
D
til' rvS