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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 23, 1908)
nn: hmatia daily bke; Thursday, july 23, 190s. W' close at 5 p. tn. aJFoly:- CTearfiogj Salle of lVluslira Underwear Many new linea have been added for Thursday's selling. Every garment is of substan tial quality, even those at the very lowest prices. Every garment is eut amply full, thor oughly well made and neatly finished. Come Thursday and ehare in this great sale. All goods spread out on tables ready for quick Choosing. Second floor. La Greque Combination Corset Cover and Skirt. $3.00 Combination 8ults, reduced, cadi $2.25 $4.00 Combination Suits, reduced, each $3.00 $5.00 Combination Suits, reduced, each $3.76 $6.00 Combination Suits, reduced, each $4.50 $7.00. Combination Sulta, reduced, each $.1.25 $8.00-Combination Sulta, reduced, each $0.00 1 : Extra Values in Drawers Thursday at 50c, 75c, 85c See Our Six teenth St. Win dow for great $1.80 Drawers, $1.75 drawers, $2.25 Drawers, $3.00 Drawers, $4.00 Drawers, $5.00 Drawers, $8.00 Drawera, special sale of beautiful Silks. Special Clearing Sale of Wash Goods.. Every day brings new and Interesting bargains. Thursday we will sell 25c and 30c Real Irish Dimities In beautiful printed designs, at, yard. 15c 10c flno Dstlstes, at, per yard, 5c. 25c real Imported Scotch Ginghams, yard, 10c. 50c Scotch Zephyr Ginghams, at, per yard, 25c. The Can always be accomplished here at a distinct saving of time and money over what the same thing would cost elsewhere, or if made at home. We employ salespeople who are qualified to give assistance and .advice to those who do not feel entire confidence In these matters. Infant's Layettes, complete, $9.95 to $25.00. Complete line of Infant's hand-made dresses, plain or fanoy prices from $1.60 to $5.00 each. Hand-made cklrts, $1.00 to $15.00, Flannel skirts, plain or embroidered, 50c to $6.50 each. Embroidered cashmere kimbnos and Jackets for In We sell McCall Patterns mere act relating: to the publishing- and filing; of rate Is quoted and the opinion continue: "TJhera are 109 assignment of error, tak ing up sixty-seven pages of printed record. In view of the conclusion, however, to which we have come It I unneceesary to review many of these assignments the one reviewed covering all propositions of law that 'We deem essential to the guidance of the district court In the event of a second trial. Comprehensively stated, the assign ment of error which we shall review re late: . Tkreo Qoestlona of Uw. "First, to the view adopted by the trial court carried out In It rulings In admission and exctUBloa of evWence, and embodied In Its charge to the Jury that a shipper can be convicted of accepting a concession from th lawful published rate, even though it Is not shown a bearing on the matter of Intent that the shippers, at the time of accepting such concession, knew what the lawful published rae actually was. "Secondly, to the view adopted by the trial court that the number of offenses Is the number of carloads of property trans ported, Irrespective of whether each car load, the whole or the part only of a single transaction resulting In a shipment, and "Third, whether In the Imposition of tho fin named, the trial court abused the dls tretlon vested In the court. "W (hall take up these subjects In the Srder stated, tho first being whether tho ihlpper ran, without error, be convicted nt accepting a l eduction of the lawful published rnte, even though It Is not shown as bearing on the matter of Intont, that the shipper, at tho time of accepting such con cession, knew what the lawful published rate Actually was In view of the law that Is embodied In the charge and carried out In the ruling excluding certain preferred testimony, Including that of one Edward Bogardus, who being In abroluto charge of the raffle affairs of the rlul"tlff In error during tho period covered by the transac tions, offered to testify that during; that period he did not kn?w anything about nn .IS cent rate, over the Alton railroad: that his attention had nnycr been cr.llod to iinv such rate by any person or by the examination of any document; and that It was his understanding and belief, based on what ha was told -by one Hollands, tariff clerk for the Alton railroad, that the rate over the Alton road was i cents n n J that such rates had been flkd with tho Interstate Commerce commission. Thouarat low Rata Was Official. "Holland, who was called by the gov rrnment. had previously testified that he hnd no recollection of telling' Bogardus that the 6 certs rate (a commodity rate) had been filed with the 'Interstate Commerce commission. But answering on his voir dire, tho Jury being 'excused, Hollands further states' that he regarded 6 Cents per hundred pounds' a the official rate between M'hlttng and East St. Louis; that he re tarded a certain application sheet, which envmed Whiting at Chicaxo rates, and the sheet for Chicago. takn together, a show ing a t cents commodity rate; that when ever he spoke' ' of the rate on this com modity between Whtttng nnd Fast St. Louis be had In mind those paper and that If ho had been asked by Bogardus or anybody else whether there was a rate between W1i'W!ng and East St. T.ouli he would have answered that there was and that It was ftted arnt such a rate was ( rent"; when evidence thus pi of erred .was excluded by the court, for the sole reason (hit as a matter ef fart, as the court (not the Jury) found to be, ttie application Klteet containing this C-icnt co'iimndlly rate luid not been Med with tfa Interstate Com merce eoir.niUctiHi.. Hail tho court found We Recommend The Beer You Like $2.00 Per Dozen Urge Bottles $1.33 Ver Dozen Small Bullies GLADSTONE BROS. 1308-10 Douglas St Phone Douglas 258. i during JuIt and August seaptlnn Special Sale of Fine Corset Covers. $1.0) Corset Covert reduced to, each 7Sc It. SO Corset Cover reduced to, each $1.15 I1.7S Corset Cover reduced to, ench f 1 0 12.23 Corset Cover reduced to, each ......tl3 13.00 Corset Cover reduced to, each $2.39 $4.00 Cornet Cover reduced to, each.' $2.79 IS. 00 Corset Cover reduced to, each $3.76 $6.00 Cornet Cover reduced to, each $4.00 reduced to, each - reduced to, each , reduced to, each., reduced to, each . reduced to, each ..... i reduced to, each ; reduced to, each "W. B. Corsets." When tn the rtr.ru, do not full to Mop it our corset Of partment and eaamina tb "Vi".. B. Corset " The bent dieswrl wrtman Is t-he one who pa- the greatest atten tion to her corseting. No matter how e.xpeml-ve the gown, no matter what time, trouble and sacrifice have been required to make It fit the form, the fact remain that no cnatum appears to beat advantage unJss it la rltted over the corset exactly adapted to the nenda of the wearer. Expert fitter always In attendance. Prices from $1.00 to 13.00. Outfitting ol a Baby fants, $1.60 to $5.00 Infant's long coats each. each. All toilet articles department. Come In and look to show goods. TELEPHONE 618 REACHES ALL DEPARTMENTS. as a fact that tho sheet had been so filed, or submitting that question to the Jury, had the Jury found that that sheet had been so filed, the 6-cent rate given to Bogardus admittedly would have been the lawful published rate." ' Same Rate by Competing; Line. The court relates that Bogardus was offered as a witness to prove that a tariff describing a rate of OVi rents from Whit ing to East St. Louis was Issued by tho Chicago & Eastern Illinois Railroad com pany, a competing line, October 9, 1&J6, and filed with the Interstate Commerce commission two day later; that such tariff sheet was among the tariff file In possession of the plaintiff tn error; and that the latter during the period named shipped thereunder a large number of car of petroleum and product at said rate; and that such rate was equivalent to the shipper of the rate of 6 cent over the Alton, owing to a quarter of a cent terminal charges, all of which evidence was excluded as was also the offer of the tariff aheet Itself, produced from the files of the Interstate Commerce commission, and an amendment thereto filed in April 19ns. The opinion here quoted Judge Lindls' charge to the Jury, In which the dlRtrlct Judge declared that to show that the de fendant accepted a concession knowingly it was not necessary to establish that the defendant had actual knowledge of the lawful rate., Interest Must Re Shown. At this phnse of the case '.he opinion of the court of appeals declares: "In this Interpretation of the Interstate commerce law, so far as It relates to ship pers, we cannot cortcur. The cases cited by the government, such a those requiring liquor seller at their peril to know whether the person to whom drink Is Bold Is a minor or within the prohibition of the art or not, are not controlling, nor v?ry persua sive. The Interstate commerce act was In tended to promote, not to restrain trade and commerce to secure fair dealings in commerce through uniformity, not to put obstructions In the way of commeroe. Surely, the farmer who bring hi produce to town to be shipped to the city markets or the small merchant shipping to the country or the householder who ships his furniture were not meant by the Interstate commerce law to be guilty of having ac cepted a concession merely because they took the word of the currier or his agent as to hul the rate was. In this mspoet the shipper and the carrier stand on dif ferent greund. The carrlur is required by a separate provision of the law to estab lish and publish rates and la forbidden to chargH or collect from the shipper a rat greater1 or less than such established and published rate. But Is the ordinary shipper, under any reasonable view of the situation to which tile law relates, thus bound bound at bis peril under the law intended to promote oomlnerce to cipher out before he can safely put anything that he has into commerce all the confusing pai.er and figures that generally make up a tariff sheet? 1'lainly not, it stems to us." KttotTlcdiie of Kate la Essential. In support of this contention the court cites "first Bishop now criminal law, aeo llou , "Though It Is true tnat large shippers like the plaintiff In error do not usually take the word of a carrier as to what the rate Is, but examine for themselves the tariff sheet and have all the knuwledge that 1 necessary to an li.ielllgent exam ination from ahloh It might easily fullow ; that professions of Ignorant on the dart oi suen snippers wouia a: una on uirter ent plane from the ordinary shipper, it does nut, on that account follow, that the ultimate question of intent la iwt the same whether tho shipper be a large one or a ama.l one; for th law is the same for all shippers and the duty devolving on the government la .h sume, via: That before conviction thtre must be proof of all the facts tipo.t which the shlpjers offeus Is predicted. . ' "This view of a hat is essential to consti tute tho offer-so makes It plain that the trial court ws In error, as a matter of law In the application to the uao tit th shipper as a matter of principle that the trial court applied in this case. And tris error I made all the plainer, lifting it from what otherwise might "be considered a mure technical error to tho level of a real substantial error, whan the exact nature of tue so-called lrJJ published and filed relied upon by the government as the law ful rate, aiw scrutinized; and when the Saturdays at 950 and $1.00 a Pair. See Friday's paper for open ing announce ment of our great Semi-Annual Clearing Sale of Waists. . . .$1.15 . . .$1.2 . . .$1.C .$3.31 $2.7 '...$3.76 ...f!60 each. In Bilk or wool, $3.00 to $16.50 for Infants sold In this complete them over, we are always pleased Visit Rest Room. J rate that the trial court deciphered out of those papers, Is compared with admitted rates on other roads for the same product, and with the admitted rate on the aamo road for a like product. Tariff by Circumlocution. "The tariffs sheet relied upon aa the law ful published rate filed with the Interstate Commerce commlsison Is tariff sheet No. 24 of the Chicago & St. Louis Traffic asso ciation and the first thing to be noted Is that this tariff heet makes no reference by name to petroleum or the product of petroleum. On the face of that tariff sheet no 18 cent rate for petroleum or the pro ducts of petroleum appears. The 18 cent rate was only arrived at by a process of circumlocution; that Is to say" on the face of these tariff sheet there was found a printed lino 'governed by Illinois classifica tion, except oa noted herein;' thereby turn ing to a classification adopted by the rail road and warehouse commission of Illinois, September 7, 181)9, it was found that petro leum and Its products were set down In the fifth class; and then turning back to tariff sheet No. 24 It was found that the rate set down for tho fifth class was IS cents per 100 pound. And so out of this process of reference and cross reference the lawful published rate was evolved by the trial court to be IS cents, not because it so appeared on the face of the tariff sheets, but because by reference to other sheets sheets fixing, not rate, but classifications, and that not by the Interstate Commerce commission or the carrier, but tho Illin ois Railway commislaon It could be so figured out." Room for Disagreement. The court remarks the number of nice Judicial questions raised in the case and declare that the court is not prepared to say that tariff sheet No. 24 really fixed tha rate on petroleum and its products at IS cents. "The most we can say," the opin ion reads, "Is that the question Is one upon which Judges, after full discussion, might very reasonably disagree." "The error of the trial court In taking away from the plaintiff in error Its rights to submit to the Jury the whole question of whether it had knowledge of the tariff sheet from which It is said to have accepted concessions and therefore with intent to violate the law whether the rate paid was not paid in the honest belief that It was tne lawful rate Is an error that raises Into one of solid substance." Taking up the question as to whether each shipment constituted a separate offense by which Interpretation of the law, Judge I.andis Imposed the largest fine In history on the Standard OH company, the court has this to say: Agreement No a Crime. "The grist of the offense Is the accept ance of a concession Irrespective of whether the property Involved was carloada, train loads or pounds. Has a shipper fully and finally accepted a concession when be has done nothing more than to agree with the carrier that less than th published and ard filed rates shall -be paid for the trans portation of his property? Is la not neces sary that the transaction be closed by actual payment of the lower rate? In the rebate the shipper paid in the first instance the full rate to the carrier and afterwards received back a part. Manifestly tho of fense of accepting a rebate has not been commlted until the shipper has taken baek a part of the first money whereby his property has been transported at less than th lawful rate. Proof that ho agreed to accept a return of a part of the full rate stopping there would not aupport an in dictment for accepting a rebate. Such sn agreement is not binding; and at anytime before Its completion the shipper may repent and Insist upon the carrier keeping the whole amount. The concession differs from the rebate only In this that in the concession the shipper Instead of paying the full rate and receiving back a part, merely settle for th deference. The result Is th same the property I trans ported for the same amount less than the lawful rate. And, there Is no basis in the statutes for holding that in the case of accepting a concession tha transaction Is consummated, and the door of repentance Is closed, at any moment earlier than In the cao of accepting a rebate. So proof that a shipper has agreed to accept a conces sion, stopping there, will not aupport an Indictment for accepting a concession when Intended wrong become an accon pushed fact. N anther mt Offenses. "The number of offenses In the present I case should uav been ascertained in ac cordance with three principles. Th meas ure adopted by the trtal court was wholly arbitrary had no basla in any Intention or fixed rule discoverable in tho atatute. And no other Way of measuring the num bering of offrfea seem to have been given a thought either by the government or by the trial court Aa to whether Judge Landls In Imposing the monumental fine abused the discretion vested In the court, the court opine: "Briefly Mated, the reason of th trial court for Imposing; thl sentence was be cause after conviction and before sentence It was brought out that the capital stock of the Standard Oil company of Indisna, the defendant before the court was prin cipal owned by the New Jersey corporation, a corporation not before the court, the trial court adding, (upon no evidence, to bo found In the record and upon no Infor mation specifically rrterred to) that In concessions, of the character for which the defendant before the court had been In dicted, tried and convicted, the New Jersey corporation was not a "virgin" offender. Abnse of Discretion. "Is a sentence such as this sound? Can a court without abuse of Judicial dis cretion wipe out all the property of tha defendant before the court and all the assets to which Its creditor look, In an effort to reach- and punish a party that It la not before the court a party that Is not even Indicted? Can an Ameri can Judge without abuse of Judicial dis cretion, condemn unyot who has not had his day In court? "That, to our mind, Is strange doctrine In Anglo-Saxon Jurisprudence. Can that rightfully be done here on no other basis than that Judge personal belief that the party marked by him for punishment deserves punlBhment? If so It Is because tho man who happens to be the Judge I above the law." Judge Landla. whn seen later, declined to make any comment on the decision. History of the Cnae. The decision waa on tho appeal of the Standard Oil company of Indiana from the verdict rendered April 15, 11107. by which the company waa found guilty of accept ing rebates, and was later fined by Judge Landls of the United State district court $39,240,000, the maximum under the counts of the indictment. The specific charge against the company was that it had accepted rebate on ship ments of oil In carload lot from Whiting, Ind., to East St. Louis, III., over the Chi cago & Alton railroad. Evidnce was ad duced at the trial howlng that the com pany received rates one-third aa large aa other shippers wero obliged to pay. It was contended by the counsel for the oil com pnny that the rate was not secret, but the Jury found otherwise. During the trial counsel for the oil com pany refused to give Information called for by Judge Landls after he had taken the case under advisement. Tho court there upon issued subpoenac for the offlclnls of the Standard Oil company of Now Jersey, among them John D. Kocke'feller. These offlclnls appeared In court on July 6, 11)07, and were personally examined by Judgo Landls. Case to Re Retried. News of the decision spread like a prairie fire through the federal building. United States District Attorney Edwin Sims held a hurried conference with his assistants, who had aided him In the prose cution, after which he said: "All I can say now Is that what has happened was not expected. However, we shall make the best of it. Undoubtedly there will be an early retrial of the case." John 8. Miller, Alfred D. Eddy, Morlta Rosenthal and Chauncey Martyri, who did the active work hv defense of the cor poration, were .vety ,bPPy. . "We are free to confess that the decision "although It is nothing more than we ex Is gratifying to tts," said Mr. Miller, pected." Following closely the decision of the, United States court of appeals today re versing the decision of Judge Landla In the Standard Oil case, the Dally News today says: "Bankers who have close affiliations with the Standard Oil company state that that organization will soon announce an Increase In the capital stock of 1100,000,000 by 1500, 000,000, making a total capital stock of $100, 000.000." There will be added from the earning for the fiscal year about $40,000,000 to the organization surplus. It was given out that the large Increase In capital Is a dip lomatic move In order that the dividends may not look so large. Bonaparte Favor Retrial. LENOX, Mass., July 22.-On being told today of the decision In the United States court of appeals In the Standard Oil case Attorney General Charle J. Bonaparte said: "A suit of such1 Importance certainly ought to be submitted for final decision to the supreme court of the United States. But since the nirt ot appeals has decided thl cannot now be done." On being asked If the case would again be tried Mr. Bonaparte replied: "I should be much surprised If It Is not. but I really ennnot discus this matter fruitfully until I hnve Been the opinion." Bryan Makes Jfo Comment. PAIRVIEW, LINCOLN, Neb., July 22 Not in ome time ha new of such Import ance reached here as that containing the announcement from Chicago that the fine of 129.000,000 Imposed upon the Standard Oil company y Judge Kenesaw Landls had been set aside by the appellate court. Wil liam J. Bryan, when appraised of the decis ion seemed astonished and was eager to know the grounds upon which It was based. He would not, however, permit himself to be drawn Into a discussion of the case. Kemper, Hemphill & Buckingham, kinds plating. 'Phone Douglas 78. all DEATH RECORD. Henry Xentor. Henry Nestor, a former Omahan, died In Denver, Colo., July 17. Tho funeral was held privately from his residence, S639 West Twenty-third avenue. Denver, Monday. He came to Omaha In 1870 and was formerly of the firm of Subbendorf at Nestor, Elev enth and Douglaa. Later he was secretary and treasurer of the Nebraska Carbonlc acld Qaa company. He moved to Denver August 1. Wft. He has one son living In Omaha, Henry M. Nestor, 1236 Park Wild avenue. Hia wife survives him In Denver. Philip Nestor and Misses Emma and Fell- cltas Nestor are the other daughters. He had many friends In this city. Oldest Resident of Uae Conuty. BEATRICE, Neb., July 22.-(Speelal Te'a gram.) Francis King, probably the oldeat reald nt In Gage county, died at hla home tn Filley, today, aged W yeara. He came from England to America dghty-four eara ago and had lived in Gar county far th'rty-one yeara. He Is survived by hi ton. C. W. Kin? of th's city. Her. B. I. Tlllett. BOONE. la.. July 22, -(Special Telegram. A message received from Craig, Neb., thla morning announces the death of Rev. B. C. Tlllett, formerly a prominent minister here. Death waa due to appendioltla, from which he had been 111 five daya. The body will be brought here for burial. Charles Halt. KANKAKEE. 111.. July SJ.-Charlea Holt, veteran editor, died laat night, aged U yeara Mr. Holt worked oa tha New York Tribune under Horace Greeley and on th Albany Journal under Thurlow Weed. FINE DAY FOR THE OLYMPICS Resulting Attendance Larger Than Any Time Since Saturday. 1 I SEMI-FINALS IN BROAD JUMP Iron of Chicago, Kelly of MIrhlsa and Brerker of Canada (inallty for the Final In Thla Event. LONDON. July 22.-Thl 1 the first rc&JJy fine day since the opening ot the Olympic game and the officials at the Stadium looked for an attendance exceeding that of toy previous day except Saturday. Tin fine weather today Is particularly fortu nate, aa the final In the 100-meter dash, in whteh the public takes the greatest inter est. Is on the program. It should bo n great contest, as every man who qualified for tha final Is an exceedingly fine sprinter. These who qualified are K. E. Walker. South Africa; R. Kerr, Canada and J. A. Rector and N. J. Cartmell, America. The experts are wary about attempting to pick the winner of thla event, although most of them predict that It will be elthir Rector or Kerr. Another final which Is to be run off today la in the 400-meter hurdle rac. In which Hillman and Bacon of th American team have opposed to them Burton and Tremeer, of the United Kingdom. Running Broad Jump Flrat. The sport this morning began with run ning broad Jump, which event will also reach It final today and which is going Ln at the same time as the semi-final f tha fjO-meter flat race. The Americans were rather unlucky In the draw In tho latter event, having but one man, Hamil ton, in the first heat, who la opposed to Kerr, Canada; Radocty, Hungary, an.t Guttormsen, Norway, while In the second heat no less than three Americana, Sher man, Cartmell and Huff, were drawn against Laaftman, Sweden. Again In tha third heat there waa but one American drawn against Reed, George and Hurdv fleld of the United Kingdom, while In the fourth heat Hawkins and Roche, United Kingdom, compete with Halfalt, Franco. The draw was even worse for the United Kingdom team than for the Americans, as they had their five men bunched In the last two heats. In the aeml-flnals of the 409-meter flat and other events In which there la great Interest, Merrlam and Carpenter, America, meet Davie and Toung, United Kingdom. In the first heat, while In th second, rrout, America, meet Halswelle, the Eng lish champion aa well a Montague and Nlchol of the United Kingdom. Taylor and Ramey are drawn In the third1 heat against H. H. Ryle, the Cambridge sprinter, and Halfalt of France. White, Atlee and Robblns, America, are In the fourth heat with Bebert, Canada. Kerr Wlha By n Foot. The semi-finals of the 200-meter flat race furnished four as exciting heat as have been witnessed at the Stadium lnce the games opened. In the flrt heat, Kerr, Canada, won by a foot from William F. Hamilton, Chicago Athleic association. The Canadian, who had the post, made a fast start, and coming up the stretch he had a lead of a yard over the heavily built American. Although Hamilton Is not such a graceful runner a Kerr, he waa seen to be making good headway and the galleries atood up to wltnesa the closest finish ot th Olympic. The Judges decided that Kerr had won by a foot, but to the spec tators It looked as though even less apace divided the two runner. The Americans had the second heat to themselves, and N. J. Cartmell, University of Pennsylvania, was the winner. Cloughen, Irish-American Athletic club, won the third heat handily, disposing of George Reld and Hurdsfleld, United King dom. There were no American runner In the fourth heat, which waa won by Hawkins, United Kingdom. All the medals In the running broad Jump will cross the Atlantic, F. C. Irons, Chi cago Athletic association; Daniel J. Kelly. Irish-American Athletic club., and Bicker, Canada, qualifying for the finals. The preliminary contests .were notable for Irons' Jump of 24 feet 5 Inches, which establishes a new Olymplo record. Tho fight for second place between Kelly and Brlcker will be very close, Ktlly In the preliminaries having beaten the Canadian by a quarter of an inch. E. T. Cooko, Cornell university; John J. Brennan, Mar quette university, and Frank Mount Pleasant, Carlisle Indian school, each went over 2J feet, while 8. H. Bellah, Stan ford university, Cal., waa under thla dis tance. Another American to distinguish himself thla morning was G. S. Dole, Taie uni versity, who won hla bouts In both the first and second rounda of the feather weight to 133 pounda wrestling. This glvea him a place in the semi-finals. Summary of Broad Jump. In the first section of th running broad Jump at the Stadium this morning, Cooke, America, was first with a Jump of 22 feet 10H Inches; Bellah, America, second, 21 feet H Inches; Hallos, Hungary, third, 21 feet 64 Inches; Bleaden, United Kingdom, fourth, a feet 1H Inches. In the second section Kelly, America, covered 23 feet S 4 Inches; beating Ahearne and Belerby, the United Kingdom's best man. John J. Brennan, Marquette uni versity, was second, with 22 feet 6H Inches; Weirateln, Germany, third, 22 feet 2 inches; Ahearne, fourth, 22 feet Inch, and Bellerby, firth, 21 feet 1 inch. In the third section, Irons, America, Jumped 21 feet 5 inches, beating the Olym pic record. Mount Pleasant, the Carlisle school Indian athlete waa second to Irons with a Jump of 22 feet 4V& Inches. Williams United Kingdom, third, 21 feet 10 Inches. In the fourth section Murray, United Kingdom, was first with 22 feet hi Inch; Lukeman, Canada, second with 21 feet 1 Inches, and Watt. United Kingdom, third, 21 feet inch. There were no Americans In this section. In the fifth section, Brlcker. Canada, was first, 23 feet 3 inches. There were no Americans competing. Irons Make Kevr Record. In tho final of the running broad Jump, F. C. Irons, Chicago Athletic Club, did 24 feet 4j Inches, which Is a new Olympic record. In the first heat of the semi-finals of the 0-meter flat race, Kerr. Canada, beat Hamilton, America, by the barest margin, only a foot, the Judgea aaid. Time: 0:22. Cartmell, America, won the s-cond heat, with Sherman and Huff, America, second and third. Time: 0:22H- The third heat went to Cloughen, America, in 0.22H- Hawkins, United Kingdom, defeated his teammate Roche. In the fourth heat, by a yard In 0:2H. No American was drawn In this heat. The final in the 400-meter hurdle rac was won by C. J. Bacon, Irish-American Athletic Club. Harry L, Hillman, New York Athletto club, waa second, and Tremeer, United Kingdom, wa third The time of the winner waa 0 (6. Dole Win Wrestling; Match. O. 8. Dole. Tale university, won th final In the catch-aa-catcn-can wrestling, defeating Bllrn, England. In th first bout In th wrestling matoh for featherweight up to 13J pounds, lHle, America, defeated Cockings, United King dom, on polrta. In the second bout, catoh-acatch-can. Dole, America, btat Webster, United King dom. In the eeml-flnal of the cteh-a-catch-can Dole threw McKle, United Kingdom. STOCKMEN ARE PERPLEXED Wnltln to "re Mow Railroad Will Apply Commission Rnle. Local stockmen are perplexed as to the effect of the recent ruling of the InUrstau Commerce commission, ordering a re adjustment of the feeding In transit rates so that Iowa feeders may atop western stock to feed the same aa Nebraska feed rs may now do. All the Nebraska railroads have a tariff now In effect, and haa been effective for a long time, which rrovli'ej that wiien stock originates In a certa'n territory it may be stopped at Intermediate points In Nebraska to fatten, wkh on additional rharge of 7 centa per hundred above the through rate to market. This gives an opportunity to stop range cattle In Ne braska to put the finishing touches on them with Nebraska corn. Thla privilege la accorded tl practically all the territory west of the Missouri river. The Iowa shippers have not enjoyed this rate, but If a feeder wished to atop range cattle at his station In Iowa to fatten them he had to pay the local rate from Omaha and then when he ahlpped on to Chicago he had to pay the local rata to Chicago. The ahlppers claimed thl waa equivalent to discrimination and appealed to the Interstate Commerce commission for a rate similar to that enjoyed by th Ne braska ahlppers. The commission has ordered thl ratf, but Just how it will be put In effect by tho rail roads remain to be seen. On the wy It I put into effect It la admitted depends the harm or good It will do to the Omaha market. When the commission ordered a readjust ment ot material rates from the aouth through Lincoln the railroad responded by raising the Omaha rate to moet the Lin coln rate and It is feared, some such re adjustment might be effected In this case. Until It I een how the adjustment I made It cannot be known Just bow the Omaha market will be affected. Kemper, Hemphill A Buckingham, any thing of metal made good aa new. CATTLE FEEDING IN TRANSIT RallDgr that Railroads Moat Kxtend Thl Privilege to Point East of Missouri River, WASHINGTON. July 21.-The Interstate Commece commission in a decision holila that the practice of bringing cattle from western Nebraska and stopping them off en route to be fattened before being sent on to market at the through rate discriminates against Iowa points. The case In point was the Corn Belt Meat Producers' associa tion against the Chicago, Burlington & Quincy Railroad company and fifteen other carriera, and It appeared that the feeding in transit privileges extended by the tariff of defendants In territories west of the Missouri river Is not permitted at Iowa point. The commission held that this re sults in unlawful discrimination against the lowa point and the complainant and that the grouping should be revised. FORTUNE IN RAG PICKING Lucrative Field of Occupation la Of fered Ambition Young; Men In Thl l.lne. On every pound of common cotton rags a man can gather In the city of Omaha he ran make a profit of 10135 or 1 cent and 35-100. Aa the average carload la between 20,000 and 40,0(0 pounda he would have to pick only a carload a month to make about $4rO a month and that's $5,000 a year. Aaron Ferer of 812 Douglas street I ono of the men who are getting rich on the above term In Omaha and he Is now being sued by the Byrne-Hammer Dry Uoods company In an effort to extract some of his profits from his purse. It seems that Mr. Ferer, at the request of tho Bryne Hammer company, consented to s gn a con tract whereby he waa to buy of tho dry BLUE AND BLACK Serges WE keep a large force of tailors busy during the suipmer months by offering you: . A full Blue or Black Serge Suit with extra trousers of same 'la or striped moterlal vX9a Not another assortment ot tailoring fabrics like our s under any other roof In the city Better drop in today. Suit and Extra Trousers $25 to $45 WILLIAM JERREMS' SONS eOB-11 South lfitb SU l&U THURSDAY EVENING AT GOVERHOR FOLK OP MISSOURI. yaTC! Admission 25c. Interurban cars from 24th and N Streets direct to the grounds, every twenty minutes. The Gov ernor's Speech will begin at 8:15 P. M. COFFEE FREE From July 19 to July 25 we will serve one cup ot coitea fra with every lunrh order amounting to ten cents or over. We are bousd to convince yon tout we serve the beet coffee In Omaha. THE OOSTON -L.UIMCH 1013 FAKNAM ST11EET J goods coneern all t f the pickings, sweeilnr and othir ritgs with technical num. wMoli they were able to scrape together. Tho Byrne-Hammer employes, however, being given to the noon lunth habit and d adatii ful ef their employer's wellHie, littered tha rags with refuse. Mr. Ferer took the rug In bales fer over a year without xnmln ing them, when at last ho did. intending to sell them to a paper mill at 3i centa a pound, making thereby a profit of $WJ a carload, he found them unfit for us. He Is now fighting In th county court to prevent the factory from forcing him to accept Its cast off tlotlilna accord na- to hla contract. Ilnll Doe Urrat Dnmase. YANKTON, S. D., July I:.-(P1,erlnl.)-A severo hall storm visited a section Just north of the city Monday night and did thousands of dollars worth of ihimate. to the growing crrpa Oats were tnld flat and threshed out on the ground and many corn fields were ruined. At the- slate hospital the damage was serious." A great rtany windows were broken, but the. main l.iss will be thro.igh the twenty acre garden, from which all vegetables for the patients was derived. This garden Is now an utter wreck. Mayor Tom Keedy, who hat a flno farm east of the hosp talj lost forty anes of oats nnd forty acre of corn. H. Dun ham. Chris and Theodore Andcroti; Gray Brothers, William libit Ourney Seed com pany, were among the- losers by the hull, which came down in greaj, rough chunks In places. At the hospital the lie cainu down so thickly as to cover the lawns completely. Dnrrlch for t'ongsrraa. MONTICKl.lAl. lnd.. July 2J.-VM4lam Dnrrlch of Kentland was nominated for congress this afternoon by the democrats of the Tenth district. The resolutions endorsed Bryan and Kern. fV UtI totimni V. t Asm QrVb Coat Cut Undershirts and Knee Length Drawer weal them because thev ksm fonn !.. to give 100 per cent more comfort thaa aay summer Undergarment they have evet worn next their skio. One trial will make you a B. V. D. convert. Sue, 75c., $1.00 and fl.SO a Garment. Every B. V. D. garment it correctly cut, properly fmuhed, and made of a durable fabric The B. V. D. Red Woven Label which is sewed oa every garment of B. V. D. manufacture guarantees satisfac tion. Intist upon getting it. Don't accept ERLANGER BROTHERS. Worth and Church Street, New York. Mslertof B. V. D. Union Suia, P.1 A.ihJnt aadB. V.D.SlnsSuia. AMUSEMENTS. A IK DOME Iflth and Douslaa bta. Tonight All Week HIXIMAN'S IDEAL STOCK CO, In th Vive-Act Drama KICHELIEU SFEOIALTIEg BETWEEW ACT. Curtuin at 8:30 i'rompt. Price lOo and 80o. BOYP'8 THEATER Tonight and All Wek Matine is Thurs dnv mi'l Saturday THE WOODWARD STOCK CO. la A HTHASGISIl H'TOWJI, Nixt Week Owing to favorable weather Manager Woodward ha decided to extend the engag ment f hs company one. week, longer, piorentlng "I'OLLY HMK03.' Mrs. Mary Harris Armor State President of the Georgia W. C. t. U. will speak Friday afti.rcoon, July 24th, at the - BELLEVUE CHAUTAUQUA Red Men s Carnival At I. THIS WEEK. tf Attraction Afternoon and Hitfht rrs on th Street, . BELLEVUE CHAUTAUQUA Y GREEN'S BAUD CONCERT AT 7:30. I i I I t..v