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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 18, 1905)
THK OMAnA IUILT BEE: MOXDAT, DECEMBER
The only high grado
Baking Powder sold at a
moderate price. Com
plies with the pure food
laws of all states.
aoclated Press thst Count Witt hnd no
ralth In the policy of Interior Minister
lhirnovo and only consented to It on th
condition thst it should be confined to le'rTil
The esme Informant says that an official
communication declaring a resort to legal
measures to be the policy of the govern
ment will be issued tomorrow. It Is the
opinion of many liberals as well as revolu
tionaries that "with the first discharge of
cannon Count Wltte will go."
They say It matters little whether the
premier li or Is not in sympathy with the
policy of renctlon. he cannot shirk responsi
bility for It.
' Policy Mound to Fall.
A prominent pcrsomige said to the Asso
"The step taken toward reaction marks
the beginning of the end and the policy
which has been Inaugurated Is bound to
fall. The government's task will not be
inerly the arrert of a small group of lend
ers, but that of the whole population. The
powers conferred on the provincial au
thorities by the Imperial ukase Is t&ntt
mount to a declaration of martial law
throughout the country and the Irrespon
sible acts of represnion. which the officers
of the old regime will be sure to commit
when let loose, can only fan the flames."
The Hubs expects to come nut tomor
row under Us old franc-Use as the Molvn,
meaning "fame." News from the interior
tonight is very serious.
The revolt In the Baltic has spread
southward to the province of Knvno, on
the border cf Poland, which belonged to
the old kingdom of Lithuania. The re
bellion in Kursk Is beyond control and
the government lias Information that a
big uprising Is In course of preparation
In the Cral regions. An officer who has
Just returned from Manchuria told the
Associated Press that a spirit of mutiny
prevailed among a large portion of the
army and that the prisoners from Japan
had been saturated with revolutionary
Ideas by agitators during their captivity
and were ripe for open rebellion.
Moscow Mutiny Collapses.
MOSCOW. Pec. 17. p. m.-The mutiny
of the RostofT grenadier regiment col
lapsed Ignomlnlously- tonight, owing to the
Internal dissensions and the discontent of
a large portion, of. the soldiers, with the
program of the socialist leaders, who
wished to force them Into open collision
with thV loyai 'troops." 1 ' - -
Aftei'ja meeting Jate this afternoon Iwo
battalions and a machine gun detachment
deserted. The mutineers ' sent a deputa
tion to General Plavoffskl, saying thoy
had returned to duty, Imploring his par
don and volunteering to enter the bar
racks and seize the revolutionary com
mittee so as to prove their repentance.
The ringleaders endeavored to hold the
other two battalions in line, but the de
motion of their comrades took all heart
out of the malcontents.
T'pon General Plavoffskl's ultimatum
that he would open lire unless they Imme
diately surrendered, the remaining mu
tineers laid down their arms and delivered
up Private Schnbaroff and other members
of the revolutionary committee as well as
several civilian agitators who were in' the
barracks. The officers then resumed com
mand of the regiment.
It Is expected that other disaffected regi
ments will return to duty.
t sar Sanctions Anti-Strike Measures.
T. PETERSBURG. Pec. W.-(Vla Fyc'.t
kuhnen, Dee. 17.) The emperor has sanc
tioned the following anti-strike measures
elaborated by the council of ministers:
Persons who Incite others to strike, em
ployes of the railways and telegraphs who
go on strike or those enjoying state right
who arbitrarily stop work are liable to im
prisonment for uny period up to sixteen
Persons who attempt by force or by
threats to compel others to strike nmv h
imprisoned for any period up to sixteen
Persons holding membership In associa
Is Buliy Orowlng
In Health aud Strength?-
Ia the moat important enaentlal for all
because It nou duties and provldeg the
proper supply of food. Upon which the
HaDy rnunt Depend for Growth and
For the Mother Ozomulhlon ia an
appettier and a tonic, stimulating the
dewire for Food, promoting the func
Hona of the Digestive Organs, Highly
Nutritious, Kaslly Digested, quickly
converted into blood, aad rapidly Ke-e-ruita
the Wasted Energlea of the
For the Baby, itself, if weak and
alckly, ita powerful auataining proper-
ties render it incomparably superior to
all other Foods
X' ... 1 .. n , i
-hiin'rin If rvrivfr i inv i
li. -- .h.t! UAJML l.MU.N s
It is the only Emulsion of Cod Liver I
Oil, with Guajacol, Glycerine and the
Hypopb.ospb.ltes that Children take as
readily as their Mothers, because it ia
so Pleasant and Pulatnble.
Beneficial Results are Obtained from
the First Dose.
Ororuulslon contains no Alcohol.
It la not a patent medicine.
The Formula Is printed in seven
languages on Every Bottle.
FREE TRIAL BOTTLE BY MAIL
To Prove its Marvelous Medicinal
and Food Properties. Every Mother
Who Heads This, if she so desires, ran
Procure a Free TrU.1 Bottle by Bend
ing Full Name and Addresa to
PI Ml ST., HEW VORK.
T. Slats iOs sn fl.OO th. bottle.
f II Li J J-V
Trust Raking Powder tefl tot 4$ of
SO cents per pound and may be Idea
tlfiod by this exorbitant price.
They are a menace to public health,
as food prepared fro a then Cos
tales larce quantities ef Rochell.
salts, a dangerous cathartic drug.
tions whleh aim to foment strikes may be
Imprisoned In a fortress for any pcr.od
from sixteen months to four years, with the
loss of certain civil rights.
Wages will not be paid during any period
when work tins been arbitrarily stopped.
Employes whose health has been Injured
by the acts of strikers will be compensated.
If thev should he entirely disabled they will
be pensioned snd if they should be Klliec;
or die of their Injuries their families will be
The post and telegraph administration an
nounces that the minimum salaries of offi
cials will be increased in 1906 from $V"iO to
fciiH, while the means at the disposal of the
department for Increasing the staffs and
Improving the service will be raised by 50
per cent yearly.
The council of the empire has allotted a
further sum of 1250.000 to remunerate offi
cials who worked overtime during the rail
road strike. It hag also prepared a scheme
for a quinquennial increase in the salaries
of well conducted officials.
MAY WIFE OUT UNIT PLAN
(Continued from First Page.)
tions plnced on the lines has been so low
as to offset any mere bookkeeping addi
tion of terminals to the totals. The oppo
sition of the two large railways to their
taxes lias developed a state of mind
which will be amenable to the argument
that the local assessors can do the work
better than the state board. When that
Is done, It is pointed out, the corporations
will have one. less very potent reason for
Interfering In the selection of state offi
cials and the taxpayers will have the
power of preventing unfairness In assess
ments, close at home.
The argument for the adoption of the
unit system from a technical point of view
has been that It permitted of a readier
xnd more expeditious assessment of prop
erties extending through several counties,
especially the rolling stock. It has been
argued that the property of each carrier
must be regarded as a unit, since each
mile is dependent on every other mile for
traffic and the track in one county loses
Its value without Its connection with the
mileage In adjoining counties.
This theory of the unity of the property
In each corporation has been advanced
very strenuously and insistently by . tho
railway attorneys In all ther arguments
against legislation, permitting terminal tax
ation. Their opponents have always con
tended that there was no Inherent reason
for the unit system, especially with refer
ence to terminal taxation. Should the
next legislature carry the opposition to
tho unit theory further by abandoning it,
the legislature could require the railways
to provide the perclnct assessors with the
statistics similar to those now given the
state board. The small sire of the dis
trict would be no greater argument against
the method than As the fact that the Bur
lington and I'nlon Pacific traverse several
states an argument against the present
Implement Dealers to Meet.
The South Platte Implement Dealers' as
sociation will hold its annual meeting at
Lincoln this week, beginning Tuesday. The
officials of the association anticipate a
large attendance. The railways have made
a rate of one and a third fares for the
round trip. The session will last two days.
Wednesday will be devoted exclusively to
executive sessions. At this session, it is
Intimated, prices and methods of handling
business, especially that dons on credit.
I win De aiscussea. me commercial club
will devote itself to the entertainment of
the visitors Wednesday evening.
Cost State otnln.
Stute Superintendent McHrlen has re-"
Ceived the first copies of the educational
directory for 1DC6-1W6, a llfty-fuur-puge
pamphlet giving much information of value
to educators and school officials, In addi
tion to Its comprehensiveness the directory
establishes another new departure In the
fact that It did not cost the state treasury
anything. State Superintendent McBrien
called his commercial Instinct into .lay
early in the fall and suggested to the offi
cials of the various schools and colleges of
Nebraska that he would sell them adver
tising la th. publication. With the pro
ceeds he has paid the printer's bill.
Fix I UK Ua. Standards.
Tomorrow night, the special committee of
the city council of which Alderman Hnppe
is chairman, Is expected to make Its report
on an ordinance fixing the quality of gas
to b. provided by tho Lincoln Gas and
Electric company at 700 British thermal
units and eighteen candle power. The pro
posed ordinance is the culmination of a
vigorous campaign for better gas, carried
on by Lincoln citizens.
Le Make Opera Glasses Edholm, Jeweler,
FREMONT, Neb.. Dec. 17. (Special.)
The marriage ot Jo Marshall and Miss
SJInrv C1rnlcWhA.rilf nf this cltv mt flmal
j yMlerUy wa. a surprise to their many
tTitndK ,.,, wh0 had bn iooklng for a
big society wedding. The bride is a daugh-
' trr of J- M' hn" and is deputy
clerk of the district court and much of
mo lour-, viiv loiiri, wt i, ri ia.iun,
has had entire charge of the office and
has made hosts of friends on account of
her management of the office. Mr. Mar
shall Is of a southern family and Is a fire
man on the Norihwestern road.
Charted nlih fttrlklnsi Woman.
Charles Gibbons. Twenty-eighth and
Dodge, was arrested for as.-aull last even
ing. It Is said that he struck Mrs. Amanda
Davis, a colored woman. In the face, after
he bad had a quarrel with her. The wom
an's Injuries were not severe. Oibltons was
released on $J0 bonds.
Colds aase Sore Throat.
laxative Bt-omo Quinine, the world wide
Cold and Grip remedy, removes the cause.
Call for the full name snd look for sig
nature of E. W. Grove. 2Sc.
If you have anything to trade advertise
it in the For Exchange column on Th. Pee
Want Ad page.
CLOCKS Freuacr, lim and Mls,
JOHNSON COUNTY AWAKENED
Old tad Often-Worked "FiTorite Ion"
Dodge Ktt to B Tolerated.
HEREAFTER DELEGUES MUST BE FREE
Whrn Pro pie of the t onaty Meet to
Disease Itnllroail Kvnalon of Tat
atlon They Will Demand a
Sew Deal In Politics.
TECLMSEH, Neb., Pec. 17.- (Spec ial. )
When the people of Johnson county .hold
their meeting to condemn rallrosd tax '
Shirking they will have something cl.ne I
besides taxes and freight to talk about
if they do their duty. They will need lo
make some resolutions about their future
political condurt. Johnson county Is one
of the best In the state, filled with the
very ' best and most Intelligent class of
people. Yet they have been fooled mote
times on one gold brick than any county
in the staU.
The railroads hae maintained their hold
en Johnson county by means of the "fa
vorite son" dodge. There is In the county
an able lawyer and an accomplished gen
tleman who Is the paid attorney of the
Burlington. Whenever there Is a conven
tion to attend this attorney asks for the
delegation so that he may receive the
nomination. There being no other can
didate from that county, the people easily
fall into the scheme. This has been going
on so many years that the oldest repub
licans cannot remember the number. The
local candidate never gets anything, but
is able to congratulate himself that he has
"done his duty by his employers." The
Johnson delegates go home with their eyes
open, but are caught napping again the
Program I nset This lear.
It is fair to say that this year there
was a change in the program not originally
planned. In the contest for congress the
same "favorite son" was st once dis
cussed. There was some objection; an
other son had grown up. There was pros
pect of a contest. The older candidate
withdrew from the race on the under
standing that he was to have the delega
tion to the state convention. Nobody Is
certain as to who this arrangement was
made with. It is clear that the rea pub
lic was not consulted. It is certain, how
ever, that if the original plan had car
ried and the older favorite had headed
the delegation to Falls City, Lancaster
county would have had the nominee for
It is known how the state convention
plan failed. The Johnson people were
partly awake. They passed strong resolu
tions in their county convention condemn
ing the free pass and kindred evils, 'and
at the state convention when they got
through holding out their votes for the
local man they refused to be delivered
to a railroad candidate, although the Lin
coln bosses had contracted that this should
This year Old Man Ernst said a corpora
tion employe could not be state committee
man from Johnson. He had been fooled
In'o coming to the convention on a pass,
and Into voting for a corporation attorney
for supreme Judge, but he was awake how
and was going to have a free man for com-
mlteeman. And he got one. Wright had
about one vote when the selection was
Radical Change Is Demanded.
There is a determination in Johnson
county to change things. The republicans
see that the conventions have been oper
ated by machinery. They see that this
year by the operation of the ''slate" pro
cess an unpopular candidate was nominated
for a county office, and was defeated, run
ning near 1,000 votes behind one of the
other candidates. They know that If all
the republicans had taken part in the pri
maries and had had an opportunity to
actually express a choice this would not
have happened. They see the same thing
happening in many other counties, rnd they
are declaring that the next primaries wlJl
be attended by a large number of people,
and that the next nominees front !si.
county will be compelled to pledge them
selves on nil the important questions be
fore they are nominated.
Hence, it is repeated, when .the Johnson
county people meet to resolve on the rail
road question, they will very properly
have many features on the subject to dis
cuss BISV WKEK l TISCl'MMKH COl'RT
- umber of
TECCMSEH, Neb., Dec. 17.-(Special.)
District court for Johnson county is
scheduled for a big week's work before
Christmas time. The body adjourned from
Thursday until Monday, at which time
Judge W. H. Kelllga'r will be in attend
ance, and the petit Jury will come on for
service. Tho first case to be taken up In
the morning will probably be thut of the
State against li. E. Conover, on an em
bezzlement charge. In the afternoon the
case of the State of Nebraska against F. A.
Taylor, on perjury charge, is slated. Then
numerous other interesting cases will come
on later in the week. The court has made
the temporary injunction against the Ne
braska Telephone company to ptevent the
erection of telephone poles Just north of
the court yard fence, permanent, and as
th. telephone company has filled up the
holes its men made before the injunction
proceedings were started, it looks as
though no more would come of the matter.
In the case of the state of Nebraska
against Noah M. Nlssley, charged with a
misdemeanor, the defendant was found
guilty and the court will pass sentence at
the coming session. At last account "Bob"
Frost, who was found guilty of Illegal
sale of liquor while running a "temper
ance" saloon In this city and assessed with
a fine of tino snd costs, had not paid. The
court announced that Mr. Frost would be
given a reasonable time in which to pro
duce the.cash and if it was not rorthcom
lng he would tie committed to Jail.
STORE IS RORBKD AT WISF.H
Thousand Dollars tl.rth of Merchan
dise St. lea front Aagast Dornian.
WISNER. Neb, Pec. 17. (Special Tele
gram.) August Dorman's general meohau
disc store was entered by burglars last
night, the Intruders gaining access by
means of unlocking the front door. About
$1,000 worth of goods were taken from
i q pttirr ruilpinilu loin ui - (uuua,
silks, embroideries, laces, t-losks, furs,
shirts, overcoats, skirts and notions.
There is no clue to the parties com
Ahvaiys Rease)r tb tollIf
r gLTaiiv liromo Qoiaiaa
mining the burglary, but tt 1-ertaJnlv was
the work of experts, probably the notorious
gun. that hut oierated In this part of
the slate for a number of years. The local
oflicers and the county sheriff are making
a strenuous effort to ohtnln a trace of the
perpetrators of lam night's burglary, which
is the largest haul or the kind In the his
tory of Wlsner.
I EMKT I IMI T TrH,F, HOCK
Vnlaahle Discoveries of Haw Material
Discovered by Prof. Hilton.
TABLE ROCK, Neb., Pen. 17. (Special.)
rrrf R. S. Hilton, now an exprt chemist
In the Treasury department at Washington,
1. C, and who was formerly connected
with the State University of Nebraska, has
for some years been greatly Interested in ! history concerning the Hi-tlon of the gov
the rock formations by which Table Rock ) crnment agnint the Atchison. Topeka
Is surrounded. Purlng the past year he i S:inta l- Railway company w:is made
spent several clays here, a guest of lils
friend. Hon. William Sutton, and when he
left he took with him quite a large box
oT the samples of the rock from this
vicinity, which he desired for analysis and
experiments. Some of the experiments
were made at Lincoln with flattering re
sults, and further experiments were held
st Washington, where there are better
facilities for experiment.
The results of these experiments arc now
shown by a very fine cement, sent to Mr.
Sutton and recently received by him. made
entirely from the Table rock material, and
which is the equal of the cement made
It seems that Table Rock has foundation
for a new industry, and the question of an
organization for the development of this
find is being considered by public-spirited
citizens, with .what result, the future alone
APRARFtftlt M DIK5 O THAIS
Man Eoronte Home from Omnlin Hos
pital Expires Near Crawford.
CRAWFORD, Neb., Pec. 17.-(Special
Telegram.) On arrival of Burlington
train here today the body of a man who
died Just before arrival of train was left
here. Judging fit.m papers on him, his
name Is evidently C. L. Tardevel from
Spearllsh, 8. p., and he Just came from
St. Joseph's hospital, Oniaha.t,
Tardevel came to. St. Joseph s hospital
on December 12. suffering with cancer of
the stomach. Ho was in pretty bad shape
and an operation was deemed Inadvisable.
Saturday he left the hospital for home,
having practically given up hope of being
benefited. Little or nothing was known
of the man at the hospital, but he Is sup
posed to have relatives or friends at
errs of K.braska.
WEEPING WATER The Cass county
poultry show will be held here December
21. II and 23.
BEATRICE Fred Boeslger. president of
the Cortland bank, has bought the Cramer
farm near Cortland,, for which he paid 112,
000. BEATRICE V. A. Wilson', a farmer liv
ing west of town, killed a hog yesterday
that had three well developed toes on one
BEATRICE Tho Dempster factory closed
Saturday evening until January 2 to give
the company an opportunity to make an
Invoice of the entire plant.
PL ATT8MOUTH Judge Travis gave lit
tle Hattie Sltzman to the Nebraska Chil
dren's Home society. Mrs. Sltzmsn, who
adopted the child, died sometime since.
BEATRICE A coon weighing thirty
Founds was killed by D. N. Burroughs and
ra Ixck Saturday. They entertained a
number of their friends at a coon supper
TABLE ROCK -The Table Rock High
sehool boys' basket ball team drove over to
Pawnee City last night and played the
Pawnee City team. The score was 37 to 19
in favor of Table Rock.
PLATTSMOUTH The Plattsmouth Law
and Order league has caused the arrest
of Ed Egenberger. 'who is charged with
having violated the provisions of the
Slocumb law by obstructing the windows
and doors of his saloon.
PLATTSMOUTH Mrs. Alice S. Willlard
of Lincoln spoke in the Christian church
In this city Sunday morning upon the
subject of the conditions in Porto Rleo.
A Porto Rican girl sang In
and her native tongue.
the English I
BEATRICEThe John Wheeler farm,
southwest of town, was sold to George
Cooper of Omaha for $76 per acre, or I12.o00
for the quarter section. This Is one of the
big deals of the year and shows conclu
sively that Gage county farms are in de
mand. TECPMSEH The Burlington's seed corn
special will be greeted by large crowds of
farmers at Its stops in Johnson county to
morrow. The weather Is fine and as the
rarmers have about all completed their
work there Is nothing to prevent their
being on hand.
TECT'MSF.H George Miner, the young
son or Sheriff-elect II. 1'. Miner and wire,
was handling a 22-eallbre rifle when the
weapon was accidentally discharged and
the ball entered the fleshy part of the boy's
foot. A surgeon removed the lead and the
lad Is but little worse off for the experi
TECCMSEH William ' Carr A Sons of
Tecumseh have Just finished a big Job or
grading on the new I'nlon Pacific line near
Silver Lake, Kan., and are shipping their
equipment and men to South Omaha. They
nave secured a good lot or worn on cne
n on Pac flc cut-off out of omana and win
go to work as soon as the weather will per
mit. TABLE ROCK The Table Rock lodge or
he Degree of Honor at Us meeting elected
he following officers:
c. or it., irs. may
Olenn; P. C. of H., Mrs. Matilda drifting;
of 11., Mrs. Susie Voellers; C. of C. Mrs.
Mary I -ay man: R. I). I.. Mrs. Grace Fel
lers; F., Mrs. Phoebe Wilson; R-. Mrs.
Anna V. Fellers; U., Miss Alina Benning
ton; I. W., Mrs. A. J. Barrett; O. W., Mrs.
A. M. Woods; M. D Drs. B. L. McCrea
and W. H. Wilson.
PLATTSMOUTH The Capen home, near
Mavnard. was tha scene of a very en-
Joyahl. event, being the celebration or the
Btn birthday anniversary or iurs. man
Capen, a well known and highly esteemed
Cass county pioneer. Guests were present
also from Colorado. Iowa and Michigan.
The liannv occasion was one urn urairaim
Capen will remember as one of tho bright
days of her long and useful life.
FREMONT-The iury In the case of
Mary Russell against the estate of John
Close, which occupied the time of tha
district court for three days this week,
brought in a verdict for the plaintiff for
the full amount of her claim, 11.800. aer
being out only a short time. . i ne acii-ni
u-a. hrnnfhi to recover ror money loaned
and services rendered t?ie deceased In his
lifetime, and there were a 101 or wit
nesses on both sides. It is likely to be
appealed to the supreme court.
HEATHiCE David Llttjejonn, a larmer
living northeast of the city, rushed Into
police headquarters Saturday afteimon and
Inronnea i niei riruae umi "
man on the street, accompanied by a
woman, who was wanted in Kansas on the
charge or wife desertion and who had
n.,,1 m-lih his wife s sister. The officers.
headed bv I.ittlejohn, were soon In pursuit
of the couple and after overtaking the-n
were greatlv surprised to learn that they
were residents of South Beatrice. Had
Lit-tlejohn been on the city s paroll as a
detective he would have certainly lost his
job then and thire.
If Traveling In Janan
Or anv civilised countrj, you can procure
t . .n. Rrnnin Onliiliie from any dru-
gist. All nations ut it. E. W. QROV S
signature on bo.
l"IT FOR t Hindi l BSC RIPTION
Hearing of fast of I ttstal f hararter
Renins at Hartford, ". D. Today.
BIOFX FALLS. 8 D.. Dec. 17.- Special.)
Local attorneys have been engaged to
represent the parties to a suit of an un
usual character which is to be tried at
Hartford, near Bioug Falls, tomorrow.
Ths action waa brought by Father Sachs,
pastor of the Catholic church at Hartford,
tha defendant being Charles Kampf. an ,
administrator or the estate ot the late Mrs. j
Kampf. The purpose of the suit is to col-
lect from the proceeds of the estate money j
alleged to b. du. th. church from Mrs. j
Kampf at tli. time of her death In the
way of subscription to the church-
The suit la attracting a great deal of
attention at Hartford and throughout that
portion of Minnehaha reunty, due t. tha
rromlnsi.ee of to. parties in interest aad
3 th. novel nature at the cats.
HISTORY OF SANTA FE CASE
FrsiJent Give. Out Tws Le'ter. Beferrinc
t Ferent Litication.
NO EVIDENCE AG ' INST PUL MORTON
Attorney tirnrrsl Moody Hrtlrnn the
Proceedings and Court Find
ings on the Action for
WASH INUT N, liec. 17. Some Important
public today by authority of President
Roosevelt both as regards the proceedings
against the company Itself and a,s regards
the further proceedings proposed against
the officers of the company. It was in the
form of two letters under date of the 13th
and 15th, respectively, the one being writ
ten by Attorney General Moody and the
other hy the president. The letters quote
court decisions and contain considerable
Information concerning the action of the
president and the attorney general in the
Santa Fe case, parllculirly with reference
to the work of the special counsel, Messrs.
Harmon of Cincinnati and Judson of St.
laiuls, who were employed by the govern
ment to Inquire into the facts of the ons
and who subsequently withdrew from It
because their recommendations as to the
prosecution of the Santa Fe were rot
adopted. The history of the Santa Fe case
Is reviewed in tho letter bv Mr. Moody and
the attorney general's position is approved
by the president in the second letter.
"You direct me," the attorney general
reports, "to furnish you with a concise
history of the case against the. Atchison,
Topeka Santa Fe company, In which
that company was charged with unlawful
rates and practices In the transportation
of coal for the Colorado Fuel and Iron
company and a statement of tho bearing of
the recent decision of Judge Phllllpps of
the circuit court of the I'nited States for
tho western district of Missouri upon the
case, and especially upon the action which
you have heretofore taken respecting it.'-
The attorney general recites the investi
gation and report of tho Interstate Com
merce commission, which report suggested
the road's practice was in violation of a
restraining order Issued against the r. II
woy company In March, 1!X2, upon a bill
In equity brought by the Cnlted States.
The attorney general repotted to the
president that proceedings under the re
straining order could not be maintained.
"I'nder ordinary conditions," tho letter
continues, "the advice which I gave you
would probably have been regarded by you
as conclusive against the undertaking of
any action based upon the restraining
order, but the circumstances were extra
ordinary, and as a great public Interest In
the case existed, aroused by the fact thut
Mr. Morton, a member of your cabinet,
had been vice president of the railway
company charged with the management of
tho traffic during a part of the time in
which the practices complained of existed,
I therefore suggested the employment of
special counsel, and you directed their em
ployment." The Instructions to them dated February
14 last presented two questions:
First, in what manner, if any. the In
junction was affected by the decision of
the supreme court in the Missouri Pacific
Railway Company against the I'nited
States, and second, in case coal Is within
the scope of the injunction at all by reason
of the rejection of the clause In the de
cree enjoining the Santa Fe company from
transporting "any other interstate traffic
nt less than Its published rates, whether
this general injunction to obey the law
has any force or virtue in it in view of
parts of the recent decision ot the supreme
court in the. Beef trust case.
"Tho special counsel," the attorney gen
eral says, "entertained an opinion upoi.
those two questions, different from that 1
had expressed to you and that opinion, by
your direction, was acquiesced in for the
purpose of further action."
The letter reviews the contempt proceed
ings brought against the company Itself
by the president's direction, and Judge
I'hlllipps' order on December 4 last quash
ing the informations. Judge Phllllpps cited
in this connection the opinion of the su
. preme court of the I'nited States In the
Beef trust case, and held that the record
furnished no foundation for Imputing to.
Messrs. Ripley and Morton, president and
vice president of the road at the time, any
personal responsibility for the alleged vio
lation of the Interstate commerce law. The
attorney general's letter concludes:
I I have stated that Judge Phillips issued
the restraining order drawn into the ques
tion by the informations lor contempt. The
order was Issued by him alter full argu
ment by counsel for the I'nited States and
for the railway company Cndouhtedly his
decision In the contempt cases was Ineon
, slstent with his decision upon tho original
j bill In equity praying the Injunction, a
' demurrer which he overruled, subsequently
issuing tho restraining order. But since
his first decision the supreme court had
decided the cases of the Missouri Pacific
Hallway company against the I'nited Slates
land Swift against the I'nited States, and
Judge Phillips regarded these two decisions
fatal to tho validity of the restraining
order. I need hardly say that In my
opinion the decision of Judge Phillips is a
correct expression of the law, because, as
you know, It Is in conformity with the ad
vice given you at the very threshold of
these proceedings and at all times from
then until now. believed by me to be sound.
In any event, the decision is final because
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Silver. $15.00 In 14 karet Qoid.
Herman M. Leffert,
Sole Agent. Council Bluffs, Iowa.
VT T- - -T- -
the svemmnt has no appeal upon a ques
tion of this kind.
1 he President's Letter.
The presidents letter reviews. I he action
of the court in the case snd concludes:
The decision of th" court, therefore. Is
not only thHt you were absolutely right
in the advice you gave me as to the cot -I'oiatioii.
but furthermore and explicitly
that there was nn possible ground for
action sixains) Mr. Morion. No action In
addition to lhai whlrn proposed could pos
sibly be taken. The course actually taken
was absolutely proper nr.ri the decision of
the court and Ihe (.pinion of the Judge
alnive quoted show that to have taken the
course propose. I by the special counsel
would have b- n unjust. Since rely yours.
THEOI ORK ROOSEVELT.
GARFIELD MAKES A REPORT
(.Continued from First Page )
economies In production and distribution, or
discriminations In distribution nnd transport-it
inn ; ard also the results of such
methods In obtaining or tending to obtain
Itnilronds nnd Rchntes.
It is Idle to claim that the railroads are
wholly at fault for rebates, discriminations
and othT devices for affording to one ship
per Improper advantages over a competitor.
It Is Impossible to prevent such abuses by
purely penal legislation. This does not
mean that the enforcement has compelled
some respert for the law, which, until re
cently, was wholly lacking Hut so far as
effecting a permanent change of the con
ditions which that law denounces, but little
has been done. Tho Imposition of a penalty
uihui a combination simply drives tne men
in that combination to the formation or
another device for accomplishing the same
purpose, and this for the reason that com
hinittion is an industrial necessity, ami
hence will be engaged in despite penal
l'.y the exercise of the affirmative power
granted under the commerce clause con-
tress can with safety provide a method hy
w hich reasonable combination may be per
mitted. This method must be founded tin
an act of the lederal government winch
will give to corporations engaged In inter
state and foreign commerce standing and
recognition under a federal net. it may be
accomplished either by a license to engage
in kucIi commerce or by a charter granted
by the federal government.
The power of congress to regulate Inter
state commerce belnir plenary, that body
may determine to what extent it will first
exercise its power.
It Is universally recognized that the great
highways of commerce should be open to
all upon equal terms. It Is likewise true
that the opportunities for the Individual to
engage in industrial enterprise should be
equally- free. The- Individual Is not strong
enough ordinarily to protect himself against
a great corporation. He can he secure In
his lights only under a law which subjects
the corporation to regulation by a govern
ment whose Jurisdiction Is broad enough
and whose power is great enough to compel
obedience. Such a law would lessen the
possibilities of unfair and dishonest com
petition. JOHN BALL HAS GOOD THING
Former Member of Bee BtalT Becomes
Head of Advertising: Burma
of Mexican Roads.
John A. Ball, a former newspaper man
of Omaha and for the last two years as
sistant general advertising agent of the
Chicago, Burlington & Quincy at Chicago,
renlgns the latter position December 31
to become general advertising agent for
the National Lines of Mexico, Including
the National Railroad company of Mexico,
the Mexican International railroad and the
Interoceanic Hallway company. His head
quarters will be In Mexico City. In his
new position he will have full charge of
the general advertising department to be
created for those roads.
An extensive campaign of advertising
and colonization is to be begun by these
companies and this work will fall under
the direct supervision of Mr. Ball. The
company is preparing to establish a
through limited ttaln from St. Louis to
Mexico City, making the run In fifty-four
hours. This service will be eral-weekly,
with a seml-monthy tourist car service.
In other lines of transportation and coloni
zation the company is branching out.
Mr. Ball was as popular a newspaper
man as ever was in Omaha. He was en
dowed by nature with superior literary tal
ents. His rich fund of inoffensive humor
never ran out, but was the means of fur
ulshlng many a hearty laugh. Like Bill
Nye, Mr. Ball could deal with personali
ties in his writings and yet never suggest
offense to the victim or his witticisms.
In June or 19"3, Mr. Ball, at that time
"covering" the courts, resigned from The
Beo and went to Denver, where he worked
on the Post for a while, finally returning
to The Bee to take the news editor's desk.
... . i
rrom mis ne wenc co .nicago. ,n .u.,,,
1904, as assistant genera.! advertising agent,
In this sphere his work has been a sue
William H. Fanning:.
CRAWFORD, Neb., Dec. 17. (Special
Telegram. )Three days ago William H.
Fanning, a prominent attorney or this
place, became Indisposed and last night the
community was shocked to learn that he
had died. Yesterday the doctors pro
nounced his ailment appendicitis. Dr.
Summers or Omaha was sent for, but
death resulted before he could arrive. Mr.
Fanning was about 4G years old and came
here twenty years ago from Waterloo, Ia.
Ir. Y. S. Forbes.
PHILADELPHIA. Dec. 17.-Dr. W. 8.
Forbes, professor of Hnatomy and clinical
surgery at Jefferson Medical college, died
at lils home here today of angina pectoris.
Dr. Forbes was born in Falmouth, Vu.,
seventy-four years ago. He served with
I ZZL- - - -- - -
the British army In the Crimean war and
was h medical director In the union nrmv
during the civil wnr. tr. Forties was tin
author of the orlglntl anatomy act ot
Pennsylvania which has placed the pro
curing of subjects for dissecting In the
various nclical schools In Pennsylvania on
a legal basis.
He stood high In his profession, was prom
inent In republican politics, having been
county attorney four years.
Prof. a. Dlsnkoi-r Orris.
HARRISm'HG. Pa. Pee. 17-Prol S
Stanhope Orris, professor ereniltus cf
Princeton university and one of the fore
most scholars In the Vnlted States, died
here today of paralsis Hl'ter an Illness of
Jessie . Ilnahca.
J'-ssle A. Hughes, A-yeur-old daughter of
J. R. Hughes, died Sunday morning at tits
residence, lies South Twenty-fourth street.
The interment will be todav In Council
lohn . Pnrhnnt.
RICHMOND, Ind.. Pec. 17.-Jolin A. Bur
bank, aged 78. former territorial governor
of Dakota, died at his home In this city
tonight after a brief Illness.
ltendselies nnd Senrnla-la from Colds
laxative Promo Quinine, the world wlds
Cold snd Grip remedy, removes the cause.
Call for the full name and look for sig
nature of 10. W. Grove. 2c.
BROOCH KS-Frenzer. 15th and podge.
Free To-day to the
Ladies of Omaha.
Every Woman and every Maa too, lof
that matter, it susceptible to the charm
of a delicious Perfume.
There is no Perfume in the world to
exquisite, to fragrant and to permanent
at that which look the "Gitnd Prize'
from all the world at the great St Louit
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which is extracted from
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most beautiful flower grow, IN
THE SOUTH OF FRANCE.
There it is concentrated and to
sent "duty free" to America for
distillation which if done abroad
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cent without adding one cent's
worth of improvement.
That, why in ALLAN'S JAN
ICE, you get a Perfume worth
double or triple for ONE DOL
LAR an Ounce.
The BEATON DRUG CO.,
1 5 th V Faraum Streets
will present a trial bottle, tbsoluiety
FREE, to every Lady of Omaha who
will drop m fot it while out
It would be utterly fmpottslbl. to imag-.
Ine anything more distressing than 1.
Grippe pains. They are simply Indescrib
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Yet they can be relieved, and In a very
short time, by taking
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ADELIA LANE. Portage, Mich.
If they fall to help, your druggist will re
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26 doses, 26 cents. Never sold in bulk.
BIG FOUR. ROUTE
Oew York Central Lines.)
Leave St. Louis DAILY
8:17 a.m., 12 Keen, S:IC t.rr., 11 p. re
For NEW YORK,
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Professional Matinee Tu-sday.
Orand Double Orchestra All V eek.
Xmas Week-THE CHRISTIAN.
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dHy snd Sunday.
unnl tM VAI DEVILLE
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