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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 7, 1906)
THE OMAHA DAILY BEE: THURSDAY, JUNE 7. 100G. 8 ; a r V 1 I CRMS CASE IS SUBMITTED Attorneys for Both 8tat and Defendants fnbmlt Their Arcnmenta. JUNE rOURTtCN NAKED AS FLAG DAY tat Sanerlatendent la RT ftten S:ra ah le Report af Ma4l Jtaral gehoel Taken Later Pna- llehen1 la rwasenlet Farm. (Prom a Staff Correspondent) LINCOLN. June . (Special.) The grain cava la now up to the supreme court, tha attorneys (or the defendants and Attornajr General Brown for tha atata having com pleted their arguments on the Pemberton report thli afternoon. Attorney General Brown la well pleased with tha report on facts, while tha attorneys for tha defend ant bitterly attacked the report. The ar guments were practically the same, as made before the referee. ' The attorney reneral In defending his po sition that tha giving by the railroads of 14 cents a hundred to the terminal ele vators for loading grain to be shipped east of the river, was a rebate pure and simple, said the act of paying the money was in cidental to Interstate commerce, and the su preme court of Nebraska has jurisdiction In the matter and can stop It. Five of the corporations owning terminal elevators, he said, testified they did not receive this ele vation fee. Only the favored ones secured it. While the Armour bids, he said, were based en the elevation charge, there whs no evidence Introduced that these bids were received by the small dealers out In the state. Kd P. Smith, representing the Updike Orain company, said the giving of the 14 cent elevation charge w"as purely a ma'ter of Interstate commerce, snd the courts of Nebraska had no jurisdiction to pnss upon It. All the railroads advertised the giving of the elevation charge, and It was no se cret rebate or come back. No decision of this court, he said, would affect his client's elevator at Missouri . Valley la. It was a matter wholly In the hands of congress. The act of buying the grain In Nebraska and loading It. he said, was a part of the Interstate business. F. M. Hall of Lincoln contended to shut off the taking of the elevation charge by the terminal companies would mean that the producers would get Just that much less for their grain. No Individual, he said, was complaining If the railroads did not give the .terminals that elevation charge It would mean freight rates would be that much higher. Tha elevation charge was given because of the competition between the railroads, he said. If one road brought In grain to Omaha or Lincoln another road would psy 1S cents If it was loaded into Its cars for shipment east. VJ. W. Courtright of Fremont explained thajt a v terminal elevator waa where the grain was stored and treated. It contained facilities for loading and unloading not con tained In other elevators. resorptions fcy Defendants. The following exceptions by defendants to report of referee was filed by Attorney CourtrTght!'' Come "now the defendants. Duff Grain Company. Nicholas A. Duff; Nye-8chne!der Fowler Company, Ray Nye, R. B. Schnei der, Frank Fowler; Crowell Lumber and GiMn Company, Chr'stopher C. Crowell, jr.; Evans Grain Company, John T. Evans, defendants herein, and each separately and severally, and for themselves alone, except to finding" and report of the referee filed herein, and to his ruling upon the admis sion of evidence, and to his conclusions of law, In the following particulars: 1. The, referee erred In overruling the objection to question and answer No. 62-4. and In considering the ssme aa evidence, the smite being an oral ststement ss to the dare, ' contents, sender and sendee of a - written Instrument which the witness said He then hsd In his possession. That said evidence was considered Is proved by the fnct that It Is cited In support of finding No. I. I. The referee erred "In giving undue weight, or any weight at all, to questions and snswers Nos. 744 and 746. In support of finding 12 the referee copies this evidence as follows: " 'Do you know whether that policy hss been pursued constantly from that time until the present time?' Answer. know It commenced a few years ago. and I have never heard of It being changed." Question. "How recently have you knowl edge of the corporations pursuing that general pollryT , Answer, 'well, right up wtthm a month' or two.'" The reeree then addaj "That waa on August IT, 19os. This witness wss thoroughly familiar with the business, and had himself been a mem ber of the association for years." The referee .credits this testimony to Worrsll, while in fact it was the testimony of Peavey. who was never a member of the association, had not been In the employ of a member for five years, waa not familiar .with the business, and on cross-examination at questions 1162. 114, lit and HAS. he la shown to be giving hearsay evidence only, from an undisclosed source, where he says: "I can't say I had pereonal knowledge of sny - transactions." Besides, the two months limit mentioned carried the date prior to the Junkln hill. . S. Tha referee erred in giving any weight to question No. 1412, which he quotes In support of. finding 13. and which is similar to the above. Here again the sixty days Jimtt mentlosied by the witness carries back prior to the Junkln bill. Besides, at Ncs. 142, 13 and 14H H Is found that this Take a Barrel Home For the Children Pure lew cream Is good for tha children; they will enjoy it It la refreshing, nourishing and health ful. Balduff'g little ice cream barrels are filled with three flavors, of Ice cream. Rich, with pure cream, hUhly flavored with ;rs flavors, and packed so that It will stay hard (or a long time. Put np In two sices: Quart sise, su trident tor six JA or eight persons UC Pint slae, sufficient for 0(t three or four persons. ., w UC B'sLl duff 1523 FA&NAM Creal wss- also hesrsay evidence from an Incom petent source. 4. The referee erred In giving any weight to the testimony of the stenosapher, for it Is shown at Nos. r, to 131 to be abso lutely worthless. Kst freaistftlss of Gnllt. (. The referee erred In holdlag that evi dence Is created acalnst the defendants by reason of their failure to testify In disproof of the charges msde against tnem. . The referee erred In making finding of fact No. 12 to the effect that there was a violation of the Junkln law. It Is ex pressly ststed to be based entirely on tha matters presented by paragraphs I to i hereof. Bald mstters are insufficient to support any finding of fact. 7. The referee erred In finding 7 about the objects of the association, because the same Is Immaterial In this case, aa being prior to the Junkln law. 8. The referee erred In finding I, because the same Is Immaterial ' In this case, as being prior to the Junkln law. . The referee erred In finding 10, because the same Is immaterial to this case, aa being prior to the Juhktn law. 10. The referee erred In finding 11. for the reason there Is absolutely no pretense of proof that any of the Individual de fendants excepting herein, were either members of the association or regular dealers working In hsrmony therewith. 11. The referee erred In concluding that any part of the temporary Injunction herein should he made perpetual. Flag; Day Proclamation. Governor Mickey this morning Issued the following Flag day proclamation: Bv virtue of the authority In me vested I do hereby designate and proclaim Thurs day, June 14. IS, as Flag day, and re quest Its general observance by the peo ple of our state. - The dsy marks the lath anniversary of the birth of our national colors. The advancement made by the union during that period Is nlmost be yond comprenension. nucn proKreen couia not have been possible were It not for the characteristic loyslty of the American people. As the symbol of our grestness the flag, wherever dlsplsyed. Is a perpet ual source of Inspiration. We need to pause occasionally to reflect on the les sons It brings to mind and to reconsecrate ourselves to still higher Ideals MOf govern ment and to the promotion of a broader type of civic virtue. On the day above designated, therefore, let the flag be displayed from all atata buildings, school houses, private resi dences and business houses, and let love of country and desire for the continued bless ing of the Almighty be the uppermost thoughts In very mind. Wesley a a Grants Dtplomna. At Wesleyan university this morning diplomas were presented to the largest graduating class In the history of the in stitution. The board of trustees elected Chancellor Huntington and practically the same teaching staff. Bishop W. T. Mc Dowell of Chicago delivered the address, gearle Bark from Kansas. Auditor Searle returned this afternoon from Mlnea polls, Kan., where ha has been. In company with Mrs. Scarle, to at tend the funeral of the latter's brother, William Sims, who died Saturday. Mrs. Searle and her children remained In Kan sas. Off for gtockmen's Convention. Auditor Searle left tonight for Alliance to attend the eleventh annual meeting of the Stock Growers' association. The meet. Ings will begin tomorrow and continue un til Friday evening. An Interesting pro gram has been arranged, Including an ad dress by T. M. Tomllnson. secretary of the American National Live Stock asso ciation, and the state veterinarian. Dr. McKlm. Stenographic School Report. Miss Jennie B. Adams went to Geneva this morning, where she will take a com plete stenographic report of the doings of the Union Normal Institute, which proceed ings later will be published In pamphlet form and distributed among the rural school teachers of the state. Her report will show how things are taught, said and done in a modern rural school. It is the intention of Superintendent McBrien to have such a report made of all the union normal Institutes, and published. This Is the firs ttlme such a thing has been done In the state, and Mr. McBrien believes it will be of great help to the rural teachers. Miss Li i tie Crawford of the Peru Normal achool is the instructor at the Geneva In stitute. '. . Prisoner Digs Ont of Jail. Harry Sullivan, serving a thirty days' sentence In the county Jail, dug out last night through the eight-inch wall and has not been, heard of by the authorities since that time. He took the handle of a bucket, which he used aa a pick, and removed the mortar from between the rocks In .the wall. He then lifted out the rocks and crawled out and dropped about fifteen feet to the ground and liberty. Other prisoners In the cage with him made no effort to follow him. Sullivan was sentenced for stealing a trunk at the Burlington station and pawning It In Omaha. GREEKS ARRESTED FOR MI It DE It Old Gradaje and Fresh Qaarrel Pro. dnces Fatal Reanlta. SIDNEY. Neb.. June 6. (Special Tele, gram.) In response to a telegram from tha sheriff of Kimball county Sheriff Myron Sager srrestsd two Greeks, named Jim Tourls and George Leventls, living six miles west of Sidney, for the murder of another Greek at Smeed, Neb., fifty-two miles west of here, last evening. The men had quar reled and there was a grudge of long standing between them. Tourls crawled up behind the murdered man and struck him a blow with a club and killed him. All the men were employed with an extra gang on the I'nlon Pacific railroad. The prisoners refuse to speak of the crime. They wilt be taken to Kimball county to morrow morning by Sheriff Bartholeinew. The men tried to resist the officers of this county, but his timely gun prevented any outbreak of serious nature. ) ALL READY FOR THE STOCKMEN Altlnnee Decorates and Brands All the Mavericks. ALLIANCE. Neb., June .-(Specfcil Tel egram.) The city la profusely decorated in green and yellow, the stockmen's 'colors. for the reception of the Nebraska Cattle ! Growers' association convention, which Is to be held, here tomorrow. A diversified program has been arranged by the, cltltens which promises much towards the fitting entertainment of their annual and enthusi astic guests, the stockmen. A special train of commission men will arrive early tomorrow from South Omaha, nd many delegatea are ' expected from Denver, St. Joseph, Kansas City and other middle west packing centers. The convention promises to be one of the best ever held, for besides the election of officers matters of great importance to stockmen will be freely and ably dia- cussed by men prominent in such matters. Danes Celebrate Satloaml Holiday. ST. PACL. Neb.. June a (8peclaLTb. Danish national holiday the fifty-seventh anniversary of the granting of the consti tution to the Danish people by their be loved King rrederick VII wss celebrated here today by all nationalities, sndlt be ing an Ideal June day, an Immense crowd of people assembled. Hon. 8. M. Fries and AMOLEK an A nniTi a enAitti tins i a roa ss oanr. te esaTS saom i ciwstt, ssao a a. w :4HfS f3S3t VaWfBgP'- Give your family the r t,sv"" Peter Effesen were the speakers of the day. The first mentioned spoke In the Danish and Mr. Effesen in the . English language, to. an attentive audience. Shows and other amusements, Including a ball game, were also among the attractions of the day. Xews of Nebraska. COOK George Wlnslow arrived from Pewsrd yesterday and will take charge of the Missouri Pacific station at this pls". COOK W. F. Wright left today for Omaha, wncre he win work in the up town ticket offlVe of the Missouri Pacific railway. NORFOLK The 8tate Board of Public Lands snd Buildings arrived tonight to bo gin investigating the insane hospital here tomorrow. HARRISON This village today voted to Issue bonds for H.MO to construct water works. Not a vote was cast against the proposition. NORTH PLATTE Judge Grimes opened an adjourned term of district court Monday morning. This week is spent In trying equity esses. ALBION Albion will celebrate the Fourth of July and It is expected that one of the largest crowds ever seen here will be in attendance. YORK John Grant of Omaha, represent ing the Nebraska Bttulltihlc Paving com pany, is In York Interviewing business men and the city council. YOflK The largest clasa In the history of York High school wss presented with diplomas lasi evening. Dr. E. A. Stelnei delivered the cIhks address. BEATRICE Mrs. J. B. Dann narrowly escaped being killed in a runaway accident. The buggy in which she was riding was completely smashed, but she escaped un hurt. BEATRICE The Beatrice fire depart ment will hold memorial Services next Sundav afternoon, June 10. Rev. W. A. Mulligan will deliver the. memorial ad dress. HVMBOIJ3T Nate Burgett and Miss Phoebe t'urran, two well known young peo ple living several miles southeast of the city, were united In marriage by the county judge at Kails City. BEATRICE Today at high noon was solemnised the marriage of Mr. Frank D. Owns and Miss Blanche Walrod, two prominent young people of this city, Rev. J. E. Davis officiating. ALBION The weather for the last few days hss been much warmer and farmers say it is just what is needed for the corn. Crops art In good condition, although corn la somewhat backward. NORFOLK Roy Nichols or Lincoln, aged II, was bound over to the district court here today charged with attempted statu tory assault upon a little isme daughter of Louts Schenael. a butcher. NEBRASKA CITY The merchants' piano voting contest closed today. The piano waa awarded to Miss Ruth Banal, she having received 100,004 more votes than any of the other contestants. BEATRICE At a special meeting of the Nebraska City presbytery, held at Lincoln yesterday. William Reedy of this city was erdalneU as a Prssbytsriaa minister. He The IB We spend more than all the ordinary costs of brewing to be sure that it is pure and good. Our barley is selected by ,one of the partners in' our business. We go down 1400 feet to rock for water to Bohemia for hops. The brewing is done in absolute cleanliness the beer is even cooled in filtered air. Then Schlitz is aged for months so that it cannot cause biliousness and f ipally every bottle is sterilized. Ask for the Brewery Bottling , Common beer is sometimes substituted for To avoid being imposed 'upon, see that tte eerTSiat Made M i Iwaukee Fain was assigned as pastor or the two churches at Firth and Sterling fos the present. YORK The P. E. O.s were entertained last evening by Misses Kate L. Houston snd Augusta Resder at the home of Miss Houston, five miles north of York. BEATRICE J. A. Barnard. county tteasurer, yesterday Issued a statement showing the cash on hand and In the banks of the cltv and county at the close of business May 31 to be $100,1141.66. BEATRICE The Beatrice Driving asso ciation will hold Its first matinee races of the season at the Driving park next Thurs day. There will be a good field of horses snd some splendid racing Is promised CRAIG At the home of the bride's par ents. Mr. and Mrs. G. A. Crlnkiawv Miss Nellie Crlnklaw became the bride bf Mr. Frank Bell of Tekamah at I o'clock this afternoon. Rev. Mr. Taylor of Takamah officiuting. YORK John Dever, for several years street commissioner of York, who was con sidered the best and most faithful of city officials, was taken to the Hospital for Insane at Lincoln yesterday. For some time he hss been In III health. BEATRICE Mrs. Mary A. (Smith died last evening at the honi of her daughter, Mrs. Hamuel Avey, aged 70 years. She is survived by a family of six children, four sons and two daughtera. The remains will he interred In the Odoll cemetery next Thursday. COH'MHCS Grace Episcopal church received Its new rector. Rev. Arthur J. Westcott. D. D.. of Elkhart, Iiid., with open arms and glad hearts last Sunday. as it was the nrsl time he nan: held serv ices. They gave a reception for him at Un ix me of Mr. and Mrs. O. T. Roen. H CM BOLDT This ectinn was visited by a thunder storm lat night, accompanied by a small quantity of rain, which will revive pastures somewhat. The crops are In need of a good old-fashioned soaker, however, snd the farmers are anxious fur It. It rained much harder to the north and west and the Nemaha river is rising considerably. ALBION The city council passed an ordinance Isst week reducing the number of wards from three to two. ss exletlng the last three years. An injunction was se cured last Saturday evening restraining the city officers from performing any acts under the ordinance on the ground that the uioose DMiraves' Tooth Powder Dentists say "It is the best denti frice and antiseptic in the world for the teeth and gums leaves the enamel white and gleaming; also leaves a delicious after taste." la hand snatal cm as or bottles. S5e IV Graves Tooth Ponder Go. purity and healthfulness of Schlitz beer. Schlitz. cork or crown is branded same was void. The matter will be heard ' In the district court. NORTH PLATTE The North Platte fire department for the first time In its history will send u running team to the state fire men's tournament which will be held at Fremont the middle of August. The local team will soon go Into training. HI'M BO LDT Arthur Smith, manager of the local base ball Mm, who waa struck JiiKt behind the ear by a pitched ball yester day, Is still confined to his room and suf fers considers bly from the concussion. His physicians think there Is no fracture, how ever, und predict that he will soon be out. BEATRICE Word was received here yesterday of the marriage of Mr. Louis Bathen of this city and Miss Clara Wilcox of Crete, which occurred at Omaha Tues day. Mr. Bathen has charge of the shoo department of Klein's Mercantile company, and the young couple will make their home in this city. ALBION William King, son of Mrs. Emma King of this city, died last night after a lingering Illness. Deceased was raised In this county, having resided with Ids psre-nts ut Boone until he reached his majority. He whs married some years ago to Miss' Mabel Nevels. BEATRICE W. H. Robbins yesterday received a letter from G. W. Chandler, who. In company with his wife, wss re ported to have been killed In the San Fran cisco disaster. Mr. Chandler states that himself and family escaped unhurt and are now living, at Seattle, Wash. They resided in Beatrice for many years before locating on the coast. BEATRICE At the regular monthly- meeting of the library board last evening Miss Florence Hmith. the city librarian; tendered her resignation to take effect July 17. Hhe has accepted the position" of city librarian of the Carnegie library at Walla Walla. Wash., at an increase In salary. She has been city librarian here for the last two years. NEBRASKA CITY The closing exer clnes of the Nebraska Institute for the Blind will he hld this week in Institute hall. The snnual concert will be given Thursday evening. The graduating exer cises will be held Friday afternoon. Gov ernor John II. Mickey will sddress the graduates, presenting them with dlplomaj on behalf of the state. FALIX CITY The Library board for the Lydla Bruun Woods Memorial library met Tuesday night and elected a librarian to till the vacancy made by the resignation of Miss Monon, who has been elected librarian at Silvertun, Colo. Mrs. A. G. Wanner was elected to nil the place during the coming month, after which Miss Lois tpencer will be librarian. FREMONT Hana Is was sentenced to thirty days in the county jail by Police Judge Cook this morning for a brute as sault upon his wife. He admitted atrlklng her over the head with a coffee pot. A bed gash waa nit below her left eye and when she came down to the station to file the complaint her clothing was saturated with blood. Lass has been In police court be fore and he has a bud record when drink ing. NORTH PI.ATTE The Junior Normal school opened Monday with an attendance of 160. which Is a larger enrollment tiian any prevluua term. The county Institute Is lielng held this week In connection with the normal and the attendant in this bianch up to last evening ass au even loo. j When you order beer for your home get the utmost healthfulness get Schlitz. Phone 918, Jos. Schlitz Brewing Co, . 719 So. 9th St., Omaha. an enrollment that Is very aratlfylng to County Superintendent Trotter, especially as nearly all the Institute attendants will remain during the normal course. . FREMONT The Elkhorn river is proving about as erratic as Its big neighbor, the Platte, this season. At Herman Bchroe- der's place, not far from Arlington, It has cut a new channel running across one of tne numerous hends for a distance of fprty rods. The change, while not very profitable for Schroeder. will benefit other landa In the vicinity and the old channel will soon become dry. BEATRICE One of the worst rain, hail and electrical storms of the season visited this section last night about 10 o'clock. Rain fell In torrents for nearly two hours, during which time . considerable hall fell. As there was but little wind, reports are to the effect that crops escaped serious damage. The rainfall is estimated at two Inches and farmers ay It has In sured tho wheat crop. The lightning played havoc with the telegraph and tele. fihone service In thle city, t wenty-ftv Ines of the Bell company, Including the three toll lines to Falrbury, being put out of commission. Ht'MBOLIJT The first base ball game of the season was pulled off at the new grounds in this city yesterday afternoon between Pawnee City and the home teem. The play was very good throughout, con sidering that neither team has yet prac ticed much. During the first part of the game Humboldt led, the score standing 4 REFRI Economical buyers should not fall Wil ' T.I kSii- 1 f" M SSif; i Phpy Badger Peerless Bohn Kyphon 7 u tU.60 up 120 up Milton Rogers & Sons Co. 14th and Fsrnsm Streets. iff ou& to 0 until the eighth, when Pawnee man aged to make four runs after Manager Smith of the locals hsd been knocked out by a pitched ball. The tU- lasted, until the tenth Inning, when the visitors man aged to score, making the final result & to 4. A large crowd from both Pawnee City and this place attended. FREMONT Deputy Sheriff Jensen yes terday afternoon received a telephone mes sage from C. Schults of Hooper stating that the latter's wife - had eloped with, a man by the name of Miller and they were headed for Fremont with a load of the - household goods. The deputy over hauled the couple and took the team to hla barn. Pchults came down on the after noon train. The departure of his wife did not sppear to trouble him as much, as. the disappearance of his furniture. He got that back and withdrew . the complaint against the couple and contented himself with having a notice published warning parties not to give her credit on hie ac count. SIO.OO to Boston and rtctarn. flg.OO, plus 11.00. from Chicago, via Nickel Plata Road, May 1 to June 9, Inclusive; alaor via New York City at excursion rates. Return limit of. July IS by extension ( ticket. Folders, rates and all Informa tion furnished by applying to J.'hn T. Calahan, general agent, Room 191, til Adams street, Chicago. AT LOW We. have every size and style to show you lo sine, white enamel, opal, rlass and tile lined boxes. Every one a cold, sanitary Ice saver and every one priced at an extremely low price. to see theae: Crystal 122 Glaas Lined 42 up ICSS;