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
