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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 16, 1908)
JUDICIAL VIEWS OF TRUSTS American Tobacco Decision Show . Advance of Coort'i Position. JJTEETBEnNO THE SHERMAN ACT ftaah lintwlr 0lii More wocatac Character C ! It eat rlc tea More aa Mare la Their Scape. NEW YORK, Nov. tt.-The sweeping lhAfacter of tha recent decision of the ;nlted Stales circuit court In declaring the American Tobacco company to a com bination fn restraint of trade, la attracting Idespread attention lit business classes nd among members of the legal profee ilon who have given apeclal attention to l lie trupt question, not eo much for lta immediate effect on the allied tobacco In terests, but more particularly for lta scope and effect upon all classes of Industrial combinations engaged In Interstate traffic. An appeal of thlg decision to the United Statea supreme court la now In active pro cess of preparation by counsel In the case. There haa been a aeries of Judicial ln terpretatlona of the Sherman act, both In the federal, circuit and In the United titatea supreme court, but the consensus of opinion Is that the recent decision In the tobacco case gives a deflnlteneaa and scope of Interpretation far beyond any judicial utterances heretofore; road. The full text of tha decision now availa ble coveting forty-four printed pages, shows the far reaching nature of this latest ex position of the law. It also discloses, in Hie language of the Judges, the gradual de velopment of Judicial Interpretation of the law tip to the present time. Judge Coxe, una of the concurring Judges, stating that "Since the Knight case (against the sugar refineries) the tendency has been con stantly toward a wider scope of the stat utes." Scop of Knight fane. The Knight case was tha first under the Sherman act to reach the supreme court. It was decided in January, 18W5, and held in substance that the combination of a number of refineries to manufacture augar was not within tha act because manufacture alone Is not commerce, and therefore, not within control of congress. An examination of the numerous decisions since the Knight case leads to the conclusion. Judge Coxe says, tlfat there has toeerf a general ten dency towards a. broader and more liberal construction of .the statute!. In the North ern Securities case the option reviews all tha prior decision artd formulates certain propositions. ., - . gome 'of these were aa follows: 'The anti-trust act embraces snd de clarea to be illegal overy contract, com bination or conspiracy, la,' whatever form, of whatever nature' and whoever may be the purtlea to It, which directly or neces sarily operates In restraint of Interstate or International trade or commerce. The act la not limited to unreasonable restraint, but emhracee all' direct reatralnt. "The natural effect of competition is to Increase commerce. ' and ; aa agreement whose direct effect Is to- prevent this play of competition reatralnt trade and com merce. To vitiate auch an agreement or combination it Is not necessary . to prove a total suppression of trade; It la only essen tial to show that, by Its necessary operation It tend to . restrain- interstate or interna tional trade or -commerce, or tends to cre ate a monopoly In auch trade or com merce and tq denrljrc-the public of the,' ad vantages tjiat flow Orom rree competition." Declsloa Affecting; Labor, In the case of Leow against Lawler,' the United Statea aupreme court held the Sher man act applicable to members of, labor organisations who, by means of a boy cott, were endeavoring to destroy the btisl ness of a manufacturer of hats. The only distinction between the Knight case and the Leow-Lawler case Is that, in effect, the acta complained of related to the manu faetura and sale of sugar, and In the other to the manufacture and sale of hats. .Comparing the foregoing trust decision with that recently given in the tobacco caae, shows the development which haa occurred In the application of the Sherman act. Judge Lacombe, In hie majority opln. Ion. defines the status of the law today as follows: "Disregarding various dicta and following tha Several proposltlona which have been approved by successive majorities of the supreme court, this language (Sherman act) is to be construed aa, prohibiting any contract or combination whose direct ef fect la to prevent the free play of com petition, and thus tend to deprive the coun try of the services of any number of In dependent dealers, however small. Aa thus construed the statute is revolutionary. By hla It Is not Intended to Imply that the conatructlon, la Incorrect. Tha act may be termed revolutionary because before Its passage the courts had recognlaed a 're straint of trade" which was held not to be unfair, but permissible, although It oper ated In some measure to restrain competi tion. asresloa of Conaetltloa. "By Insensible degreea. under the opera lion of msny causes, business, manufacture and trading alike haa mora and mora de veloped a tendency towarda larger and larger aggregations of capital and more ex. U nsive combinations of Individual enter, prise. It Is contended that, under exist ing condltlcna In that way only can produc tion be Increased and cheapened with new ntarheta opened and developed, stability In reasonable prices secured and Industrial progress secured. But every aggregation of Individuals or corporations, formerly Inde pendent, Irr mediately upon tta formation terminatea an existing competition, whether or not some other competition may subse quently arise. j n eci, as aiiove construed, prohibits Buying a " Trunk bag or suit-case here, means being served by an expert a man who knows saddlery, and leather, not by an ex pert salesman. Yon never saw a good harness dealer who could tolerate poor leather or poor workman ship. The help of such a man is valuable in selecting your purchases. ALFRED CORNISH & CO., Dealers In HarneM, Saddle and Travallng Qooda. 1210 Farnam Street very contract or combine In restraint of competition. Sits la not mad the test; two Individuate who have been driving rival ex press wagnna between villages In two con tiguous statea who enter Into a combine to Join forces and operate a single line re strain an existing competition, and It would seem to make little difference whether they make such combine mere effective by forming a partnership or not. "What benefits may have come from this combine, or from others complained of. It la not material to Inquire, nor need sub sequent business methods be considered, or production or prices." Advance of Jaalctal Views. The advance of Judicial Interpretation of the Sherman act waa also dealt with by Judge Noyea, who concurred with Judge Lacombe In the Tobacco decision. Speaking of the momentous character of present trust legislation. Judge Koyes says: "It Is of much Importance to many peo ple at the present time whether the de scendants have entered Into an unlawful combine. It la of momentous Importance to all the people for all time whether the national government haa power to reach industrial combines dealing across state lines. Concede that the present statute goes too far. Concede even that no re enactments are now necessary. You must agree that conditions may arise In the fu ture requiring legislative action which shall be both uniform and effective. Con gress alone could take such action, and If thla case shall finally establish that power exists In congress to take It, then, regard less of all other results. It Is a good thing for the future of this country that these proceedings were Instituted." As to the general character of combines coming within the law, Judge Noyes says further: "The construction of the statute conflnea the duty of this court within very narrow limits. We have only to Inquire whether tha evidence showa the combine restricting competition. There Is no necessity for go ing further. Other inquiries are Immaterial. The combine may not reduce the pricea paid to the growers of raw material; may not Increase the prices charged to con sumers: may not eeek to exclude all others from the field; may be free from coercion; may be free from oppression yet. If It re stricts competition; if It restrain trade reasonably or unreasonably, It falls within the statute. The statute declarea unlawful every combine In restraint of trade. It ciritains no words of limitation or quallfl nticn and the supreme court of the United States has decided that courts have no right to attach them to It." The appeal of the tobacco case to the United States supreme court Is expected to give the highest Judicial tribunal further opportunity to pass upon the, far-reaching application of the anti-trust law. An nouncement of the proposed appeal haa been made and the appeal will be officially taken as soon as the decree is formally entered. An early decision in the higher court la expected because of fhe provision of the federal law advancing -appeals In such cases. CALL FOR FARMERS (Continued from First Page.) by writing to the Commission on Country Life, Washington, D. C. . "The commission desires that so far as possible a general summary or estimate of the dlacuasiona In all the meeting places be promptly sent to Its office In Waahlng ton, so that U may have the benefit of all auggestlona In preparing Its report." SMOOTH IWIDlEi OJ FARMERS worked ay Mfs Iasperaoaatla Stock Inspectors. HURON, S. D., Nov. 15.-(f eclal.)-Two smooth swindles are being worked among farmera In not far distant localities In this state. One is where a well dressed, smooth talking individual appeara at the farm home and announcea himself ss an In spector of live atoek. He proceeds to in spect the cattle, aheep, etc., and then'pre aenta a bill of from S2.50 to 15. aa the case may be. Later the farmer discovers that the Inspector Is an Impostor; that he has o authority from government or from ether aources to warrant him in making these calls. Another scheme Is being worked where an alleged Inspector examines a farmer's cattle and pronouncea the existence In the herd of tuberculosis. He ventures tha aug guesUon that the disease la In very light form and advises the owner to dispose of his stock as early aa possible to someone outside of the county in which ha resides. a rew days later a stock buyer , chances along and purchases the cattle at a price below market quotations, tha farmer con gratulating himself that he haa disposed of his cattle and saved himself from loss only at a later date to dlacover that ha haa neen tne victim of a smooth swindler and that his cattle passed inspection and were sent to eastern markets. TWO MURDER CASES AT SIDNEY Oao Defeaaaat Acqoltted aad Jary "aa tae other Case. , SIDNEY. Neb.. Nov. 15. -(Special Tele gram.) Dlatrlct court has been In session during the past week with Judge II. H. Grimes presiding. The trial of Michael h! Haggerty for the killing of Jamea Keith at Bridgeport September 10 occupied the attention of the court for three days and about twenty.flve wttneases were examined. The defense set up accidental, shooting. Haggerty was acquitted at I o'clock this morning after tha Jury had deliberated thirty hours. The trial of George C. Bover tar th. killing of Herman Perllck. an aged fanner near uayard. waa given to the Jury tonight Belf-defenee la tha plea of the defendant. in ootn caaea tha state was represented by County Attorney a a pen and Halllgan Wilcox of North Platta, and tha defense by Mcintosh Miles of Sidney and Fred Wright of Scotte Bluff. District court will be in session all of ... week as many Important cases will be tried. uinn me cases or tha state against Springer, state against Becker for assault and mora equity matters. PILES CritKD K rn U DATS. PAtO OINTMENT guaranteed to euro any ease of Itching, blind, bleeding or protruding Piles In to It days or money refunded. 50c LITTLE CHILD BIK.M TO DEATH orotaor acta c lotfcea oa rire Wltk Baralag; Stick. BATTLE CREEK. Neb.. Nov. I5.-(Spe-clal Telegram.) A 1-year-old daughter of O. P. Murphy, who Uvea about four miles notheast of this place, waa burned to death yesterday while the parenta wero at work In the barn. A little brother waa playing with flro on tha and of a mca ana set ner slothes on fire. He then ran out and she followed. Tha ratner saw her and caught har a dipped her Into tha tank, but It was too lata She died soon after. She will be burled tomorrow at tho Jackaon ceme tery. Foley Honey ana T clears tha air passages, stops tha irritation In the throat soot haa tha Inflamed membrane, and the snost obstinate cough disappears. Bora and Inflamed lunga are healed and strengthened ad tha osld la expelled from tba system Refuso any knit the genuine la tha yellow package. Sold by all druggtata, HIE OMAHA DAILY COUNTY FINANCES ARE 0. K. Money Matters Shown bj Comptroller to Be in Good Condition. QUARTER MILLION BALANCE LEFT Oatstaadlna Wsrnali' Takea for lareitisrst by Slaking Fwn4 Available task In All Foads. With all of Its outstanding warrants taken up for Inreatment by the bond sink ing fund, with a cash balance of J2K,87.17 1n the handa of the countv treasurer and lerge available balances In every fund, Douglas county Is In a financial condition which Is entirely satisfactory to those In charge of Its money matters. The county has ,447.7 In warrants out standing, but all of these have been taken up by Treasurer Furay aa Investments for the bond sinking fund. In this amount Rre $3!.11 20 of general fund warrants and 117.6.16.6 of road warrants. These conditions are shown In a report made by County Comptroller .Solomon to the county board setting out the condition of county finunces on November 1. There Is still more money in the bond sinking fund which can be Invested in county warrants If necessary, but In the opinion of Mr. Solomon It will not be neces sary to register warrants ac least until March or April. Even then, he believes, tha county will be able to pay its warrants as fast as they are Issued. Balances Sabjeet to Warrants. The statement of balancea available for warrants on November 1 Is aa follows: General fund $lii,P97.Sa Road fund lR.Tlb. Bridge fund 4t.2Z2.5s Bond sinking fund liH.2M.27 Soldiers' relief fund 6.H62.47 Permanent road fund 114.OiJ.41 Thefe sums represent the unexp nth d por tions of the levy and are the amounts which may be drawn on by the commis sioners. County Treasurer Furay, at the close of business October .11', had collected $739,160.74 of the 1907 levy, or 95 19 per cent of the total. The collections for October and the total amount of money In tha hands of the treasurer Is shown by this statement: Balance on hand October 1 llWi.rO.OM Tax collections during month K.KK4.4b Miscellaneous collections 13.9ii2.06 Total , Disbursements .$327.4.60 . 70.4M.43 Balance on hand November 1... $36,987.17 Where the Money la. Except for a Bmall amount of cash on hand this balance Is either in depository banks or Invested In warrants. The dis position of the funds Is shown by the following statement: Omaha National bank Merchanta National bank First National bank United States Natinnal bank Nebraska National bunk Packers National bank South Omaha National bank Live Stock National bank J. L. Brandels St Sons Cltisens rUate bunk Bank of Waterloo Farmers and Merchanta bank.... Bank of Benson Bank of Florence Checks for deposit Cash in drawer Investments In general fund Investments In road warrants... Error treasurer's office reported $ 25.795.97 14,096.71 27,39.1. 1J 26,6o7.(K. 8.838.70 27.Ui0.0u . 00 10.o00.00 9.000.00 2.500.00 1.600.00 4.500.00 3,000.00 1,9"0.Oj 1,605.04 4.S67.40 SW.Ml.Sl . 13,636.56 33.36 Total.. ..$i.6,SK7.11 COLFAXy FARMER KILLS HIMSELF Note Left .by.. Hint Indicates II Waa Insane. LEIGH. Neb., Nov. 15.-(3rc-'lal.) Satur day evening Ira Best. cum. -...tied suicide. Mr. Best had been busy husking corn all day and when he entered the home at sup per tl" a he partook freely of aome liquor which i kept on hand. He took down his rifle ai.d fired several shots promiscuously and his wife became frightened and sent her little girl to the neighbors for help, Two of the Nits bnys from an adjoining farm came over, but Mr. Best waa no where In eight. They Instituted a search and found him In the hay mow, dead where he had hanged himself with a rope used in operating a hay fork. Coroner Charles D. Eby waa called and an inquest waa held. Mr. Best waa a prominent and wealthy farmer of Colfax county. He was married January 4, 1897, to AntonL. Vasek, The wife and four children survive. Mr Best left a note directed to his wife, the tenor of which Indicates he waa Insane In it he told her to move to town and president Roosevelt would care for thu children. The funeral , waa held at the home Wednesday, Interment being in Ijelgh cemetery. Boy Accused of Barglary. NORMAN, Neb., Nov. 15. (Special.) Fred Wise, Jr., - was arrested en the charge of burglarising C. F. Lienhart'a drug store at Norman. Complaint waa also filed against Joy Roberta aa being an accomplice. Joy Roberta was convicted of carrying con cealed weapona and for profanity last spring. He waa committed to the Industrial school at Kearney, but appealed the case to the aupreme court, pending which he was admitted to ball. The caae Is now in the handa of the aupreme court, having been argued at the last sitting. Nebraska Kcin Notes. PERU The seniors are crocking un their credlta. The school is very strict in this regard and many seniors are wearing long luces. CENTRAL" CITY The Central Cltv laun. dry, a large wooden structure in the north part of town, was destroyed bv fire Fri day night. The loss is put at 12.600, wnlle the owner, C. (J. Pennon, carried fj.OOU in surance. The source ot tne fire is not known. PERU Notice waa posted on the bulletin boards of the school today that C. L. Cone, superintendent of schools at Summerfield, nan., wno naa oeen taxing in aoaentla work In the Normal, and who would have been graduated with the class ot 19o9, died recently at that place. PERU The athletic board requires that veryone who takes part In the athletics of the school shall have a atandlng of above 75 per cent In all tys classes. One of the main playera of the foot ball team and one substitute were recently discharged from the team under this ruling because they were found to be 1 per cent low In class standing In one subject. PERU The studenta of German In the Normal met recently and organised a club, known aa the Peru State Normal German club. The officers of the club are aa fol lows: President. Augusta Eisenman; vice president. Helgavan Gordan; secretary, Bertha Schick; treasurer, A. T. Holtsen; doorkeeper. Van Kirk Maxey; pianist, Stella Spllner. It Is the purpose of the club to deveiop fluency In the use of the German language, and In order that no English may be used a fine' of 1 cent pr word la Imposed for every word of Eng lish spoken.. DAVID CITY Tom Blacketer, who lives In the southwest part of town, went home drunk last evening and ran his wife and children out of the house with a gun. and then started In to wreck the place. Neigh bors, hearing the screams of the family, telephoned for the marshal, who wen down and brought Blacketer back on a dray. Ha was full of fight and gave the ofi'icers a hard tussle. Blacketer formerly lived at Ulysses, but haa moved here lately to work on the aewer. Two or three times In the last ten daya he has been beating his wife and children and threatening to kill them. CENTRAL CITT-As the result of a pe culiar accident Miss Kate Smith Is lvtng at the home of her father. Jacob Smith, southwest of town In a serious condition, srd It will be several weeks h'ore she will be abla to be up again. While un harnessing a team of horses another team drove Into the yard and the horses the voting women waa handling became fright ened and one of then lumped on her. knocking her down srf ifimine n On of h -- her nose waa -.-i-. ,nd the teeth of her back-comb he Inflicted a aevere uuuu on the back of her head, and she bore other wounda where the horse's hoofs had strut k her. PERl'-H. W. Lowe, manager of the I'eru canning factory, who will be remembered as having Invented the rotary neostyle In Its present perfected form, na als re cently invented two very Important devices for the canning factory world. He has Just Invented a devise for the canning to to matoes whole without crushing or bruis ing them. This ensures a pure product and enables the packer to can it to 75 per cent of the product -brought In from the farms as "extra fancy." With all the devices now In use practically the entire product goes out ss ordinary canned tomatoes, un less specially packed by hand, a slow and veiy expensive process. He has also In vented and perfected a device for sterilis ing tomatoes with heat only, ao that they are not cooked to pieces, hut he Is thus en. abled to preserve the tomatoes Intact with out the use of preservstlves. thus harmon ising with the requirements of the pure food law. This device Is ma'le especially valuable because of the superior quality of firm, solid tomatoes grown on this soil. COMPLETE ROM. OF I.ElLATrRE Names, PostofMce Aildressea and Pol itics of the Members. Following Is the completed roll of tha senate and house In the Nebraska legisla ture: MEMBERS OF THE SENATE. 1. J. R. Cnin Rep.. .Humboldt 2. T. J. Majors Rep... Peru 5. S H. Buck Dem..Brlln 4. W. B. Brtnnlng Pern. .Plattsmoulli 6. Alex. Iavertv Rep...Ashlsnd 6. K. E. Howell Pern. .Omaha Frank Ransom Pern. .Omaha J. M. Tanner Dem.. South Omaha " O. R. Thompson... Rep.. .Wisner 8. Nlrk Frits Dem. .Pender 9. J. D. Hatfield. ..... I em. .Nellah in. Fred Vdpp lem..Bcrlbner 11. C. A. Randall Rep. ..Newman Grov 12. F. J. Henry lvm. .Schuyler 13. J. A. Donohoe Pern. .O'Neill 14. E. I j. Myers Rep.. .Newport 15. J. A. Ollls Deni..Ord 16. I S. peets pern.. Kearney 17. J. H. Buhrman Pem..BoeIus 18. E. L. King. ,.Rap...Osoeia ..pern.. Be ward ..Dun.. Lincoln ..Rep.. .Lincoln ..Pern.. Ren trice ,.Dm..Wilber 19. G. W. Fuller 20. J. E. Miller E. P. Tirown 21. Jacob KUMn 22. F. W. Bart os.... 23. Smith Kt-tchum. ..Dem..ClieMer 24. Herman Piers Pern. .Oresham 25. J. M. Cox Ren. ..Hampton IB. C R. Brsse Pent. .Red flour! 27. O. W. Tlbbetts Pern. .Hastings 28. A. G. Warren Ren. . Hcldrege Z. J. C. Oammill Ren. .Stoekville SO. 1 L Raymond. ...Rep. ..Scott's Hluff louclidowns: Knodgrnss. z; Kice, i; nay. MEMBERS OF THE HOUSE. 1'. R. A. Clark Pern. .Falls City Henry Gerdes I em. .Kails City ( tto Kotouc Pern. .Humboldt 2. A. D. Barclay ltep...Bookwalter W. B. Raner Rep.. .Pawnee City 3. Fred Hector Pern. .Auburn B. T. Pkeen Item. .Auburn 4. J. O. O'Connell Rep...Tecumseh 5. C. W. Pool ...IVm..Tecumseh 6. O. W. Letdigh Pt-tn. . Nebraska Clly E. J. Sledmun Pern. .Nebraska City 7. C E. Noyes Pep.. . lou!sville P. femlth Rep...Elmwood 8. M. A. Bates Item..Plattsmouth 9. J. M. Gates Pem..Papllllon 10. O. H. Roland Pern. .Omaha Wllllnni Butt pern. .Omaha J. P. Connolly .Pern. .Omaha R. H. Holmes. Pern. .Onutha Jeremiah Howard. Pom. .South Omaha J. P. Krause D m. .South Omaha W. S. Shoemaker,.Pem..Omnha W. F. Stoerker Item.. Omaha W. P. Thomas Lent.. Omaha 11. 11. P. Schoettger...pem..Fontanelle 12. Nels Johnson Rep. . .Oakland IX. R. F. Griffin Rep. ..Tekamah 14. W, J. MeVlcker Pern. .Fremont F. P. Iyawrence....pein.. Fremont 15. Charles draff Pern. . Bancroft 16. P. C. Heffernan Pent. .Hubbard 17. Adam Pllger Pern.. Stanton 18. 8. Suherson ..Rep...Ponca 19. Jchn Kuhl Pern. .Randolph 20. J. M. Talcott Pm..Crofton 21. George Fannon.....Rep...Neligh 22.1. B. Ryglund Dem. .Albion L. J. Young Pern. .Madison 24. James Greig Dem. .Genoa 20. J. II. Weems Pem..Fullerton M. W. A. Rothsack.. ..Rep. .Schuyler 27. F. L Hadaell Kep .Wahoo Frank Dolezal.......Iiein.. Wahoo 28. John Dostal Pern.. David City Joseph Lux Dem. .David City 29. C. A. Ritchie. Dem. .Seward Henry Scheele Dem.. Seward 30. Cyrus Black.... .Rrp... Hickman E. W. Brown... Jllttep.., Lincoln i J. W. Blystone..;'. .Kcp.., Lincoln . C. E. Groves l)em..L'ncoln Fred Humphrey. ..Dem. .Lincoln 31. John Chab Pem..Vilber .1. H. Hospodsky...Pem..Wllber 32. B. H. Brgule Rep...B atrlce 1). J. Klllen Rep. ..Adams. C. J. MeCol! Rep...Batrlee 33. F O. Ell'S .'.Keu... Beatrice 84. Wes Pickens Pern. . Fairbury 35. William Gmber Pom. .Hebron 3S. J. P. Thplsson. .Rep. ..Junsen ..Li m.. Exeter ..Pent.. Fairmont ..Rep... Benedict ..Rep. ..York 37. P. A. Murphy... H. N. Swan 3S. P. W. Baker.... A. B. Taylor S9. E. B. Wilson.. .Dem.. Osceola 40. J. O. Borlts peni.. Central City 41. R. W. Boyd lvm.. Aurora L. J. Evans pern. .Aurora 42. D. M. Nettleton.... Rep.. .Fairfield J. E. Bruderh'k Pun. . Fairfield 43. A. H. Bowman pern. .Nelson 44. R. F. Raines Rep ..Red Cloud 46. T. J. Cioperider....Pcm..HEstlncs 46. Erlck Jolmscn Rtp...Roseland 47. J. W. Sink Dem. .Grand Island F. 8. West Pom.. Grand Island 48. 8. M. Fries Dcm..Pannebrog 49. J. L. Fogarty pern.. Greeley 50. H. R. Henry Dem.. O'Neill H. A. Allen Rep.. .Atkinson M. E. P. klllman Rep. ..Alrsworth 52. J. F. Carr.. ...Vein..tjpringview 53. Missing 54. B. K. Bushee... 66. 8. J. Botts hi. W. J Taylor.... E. Miller 57. E. A. Brown.... 68. G. W. Barrett.. F. Armstrong.. .Rep.. .Kimball .Lem..Ord .Dm..Merna .Pern. .Sargent .Pom.-loiip City .Rei).'..Shelton Rep... Elm Creek 59. H. T. Worthing. ...Pern. .Overton go. J. p. England pem..Axten 61. L. H. Eastman Pern. .Franklin 62. Joseph Snyder... ...Pern. .Alma 63. E. W. Roberts. 64. Missing 6.5. FTank Moore... 66 E. S. Case 67. Missing ,Rep...Holdrege Rep. ..McCook pem..Stockvlllo FLOOD OF 0F11CESEEKERS (Continued from First Page.) ernment. The plan will provide for five commissioners, each to be the head of a department' of city government and each to be elected. The levy for city purposes will be made in a lump aum and the com mission will have authority to uso the money aa It sees fit for the various de partmenta, Tha special committee lias no doubt of its ability to secure the paasage of the amend ment through the legislature, aa the local membera of the legislature are no doubt favorable to the scheme. However, the en tire matter rests with Mayor Brown. If he says pass, the legislature passes It, and if he says kill, the bill is killed. And the mayor at thla time la atlll Investigating the advisability of the adoption of the com mission plan ot government. LOOKING FOR NEW SCALPS Omaha lllah Nchool Tram Wants gome Mora Victims. A big Thanksgiving day game (ri Omaha is being talked up by Omaha High school fans, who want to aeo Omaha play Ida Grove or Le Mars, la.. In Omaha for the championship of Iowa. Letters have been exchanged on the subject by the parties Interested, and it is thought that ona of the two Iowa schools An be Induced to come here for a Thanksgiving day game 1 Every day In the Mouths of Millions Grape-Huts Brain Workers Know tha Value. "There's a Reason." BUGGIES IN A BIG BLAZE Early Morning Tire in Nebraska-Mo-line Company Building. STARTS AT TOP AND WORKS DOWN Fire Wall the Entire Length of tha Strartare Savca Kaat flalf Other Part la Badly Wrecked. Fire which broke out at 2:30 a. m. yester day did damage estimated at from 175.000 to 1100,000 to the building and stock of the Nebraska-Mollne Plow company, located at Eighth and Leavenworth streets. It Is thought to have caught from the boiler, which Is located In tho basement and near the elevator, ran up the elevator ahaft to the fourth floor, where It was first no ticed, and spread rapidly among the bug gies stored on that floor. The fire was not as spectaiular as those of aa much magnitude usually are. The Immense quantities of water poured Into the building kept the flamea down. A large number of people were attracted to the aerne and as daylight approached the crowda were Increased by the early risers of that section of the clt . The first fire companies to arrive on the scene turned In calls for help and soon practically all the downtown com panlea were there and nt work. The Union Pacific yardmaster sent engines to tha scene and rapidly moved cars from tho tracks which fill tha district to get thera out of danger and also afford opportunity for the firemen to work. The Bchlits stables, which adjoin the plow company building, were also soon emptied of horses and vehicles. The file, which wss In the top story, piled full of lrflammable material, whs a hard ona to fight, and In spile of the great amount of water poured upon It, continued to spread. Covers limit a Block. The building occupied the east half of the block bounded by .Leavenworth, Eighth, Jonea and Ninth atreets and Is divided by a fire wall running north And south. The fire had a foothold near the northwest corner of the top story and had gained considerable headway before the alarm waa turned in and before the firemen arrived had obtained a firm hold on practically all of tha west half of the top story. The portion of the building In which the fire started has been, built for A number of years, but the east half was erected three years ago. The west half was filled with buggies. On tbc first floor was lo cated the offices and shipping rooms, the second floor was buggies set up for dis play and the third and fourth floors were packed full of buggies In crates ready for shipment. Manager Troxell of the com pany estimates there were about 600 bug gies In this part of the building. He would not make any estimate of the value of this portion Of the stock or of the entire stock in the building, but stated it was well protected by Insurance. The stock In the eastern portion of the building was miscel laneous farm implementa Just being re ceived for tho spring trade. Blase Spreads Poirnward. At 8:15 smoke was pouring out of the windows of the second story and the third and fourth stories were a solid mass of flames In the portion of thu building west of the fir wall, which extenda Ihe entire length of the building. The firemen were keeping this wall wet on the other side in the hopes of preventlpg the spread of. the flames to the eastern half of the building, while the flames were being fou?ht with dogged determination on the other side of the structure. In spite of these efforts, however, they continued to creep down ward and SBfall the mass of . Inflnmabla material with which the building was plied. Flames also broke through the roof about this time, and for the first time the fire mudu a show which could be seen beyond the immediate vicinity. By 4:16 the west half of tha fourth and third stories were entirely consumed and there was fire In several places on the second floor. At 5 o'clock the fire was evidently under control and if nothing unforseen occurs will be confined to the upper floors. All tha stock on the third and fourth floors Is consumed or ruined, but the flames dhl not gain much headway on the aecond floor, though the atock there is badly damaged. This 1s where the buggies Were set up for display and between fire, water and smoke they are largely a loss. On the first floor and basement "there was no fire at any time, but everything there waa deluged with the Immense volume of water poured Into the building and atock on the cast side of the building was also considerably damaged in the same way. Tho bulk ot the stock In ths west half of the building, however, was on the third and fourth floors. The books and papers of the company were all secured early and -there will be no loss In this direction. So confident were all concerned that thu fire waa under control at 6 o'clock that the Schltts people put their horses back fh the stable adjoining, from which they wore removed In the early atages of the fire. At 6:30 the steamers were pulled off the fire And a number of companies sent back to their houses, the others remaining and using only hydrant pressure to aubdue the smoldering embera. There appears to be sfne dlffereno of opinion aa to where the fire started. Those first on the scene say It was all In tha top of the building and not In the elevator haft, and the condition of the shaft in dicates this, aa it is not burned at the bottom so far aa can be aeen now. PLOW COMPANY WILL REBUILD Aebraaka-Mollne C'oacora Will Erect New Stroctaro Wlthoot Delay. C. C. Troxell, manager of the Nebraska- Mollne Plow company, whose building was burned early Bunday morning, aaid that he was 'not able Sunday evening to give an exact estimate on the loss by fire or the insurance. The policies, lie said, were in the main of flue at Rock Island. He said from what he had heard from the main office, however, he was satisfied the entire loss was covered by Insurance. Mr. Troxell said hla company planned to bugln the rebuilding of the plant immedi ately and push tha work as fast as pos sible. He said he would try to find an office uptown this morning where the headquarters of tha firm would be until the burned structure was rebuilt. Fred N. Davla, assistant manager, aald he thought the damage to the stock In the west side of the building would amount to about 176.000. Tha temper waa taken out of tha plows and the upholstery was burned from tha buggies In ths sample room, ao tbey are practically destroyed. He thought tha entire loss would be covered by Insur ance. A representative of the main office at Rock Island la expected to arrive this morning to meet with the insurunca ad Justera, after which work of rebuilding will start at once. Uaaaee. Mlsa Zora Shields spent savers! days In uncotn ias( waca. Mrs. George A. Hoagland left during the week ror rort mil. Okl. Norman Dow returned during the week from tho boaolial, where h has been The Dundee Woman's club met on Wed nesday with Mrs. O. C. Edgerly. H n Rush 1s In Denver on business con nected with his official poai'lon. Mr. James W. Hamilton wss In Chicago on business during part of I he week. Mra. H. C. Freeman and Miss Helen 8hel d.M) sre leaving to apend the winter in Florida. Mr. Henry Hart and family have moved hack tnto their own home again, at 4K4 Capitol avenue. Miss Edna Bennett haa been the guest during the last week of Mr. and Mra. J. H. Wooley of Grand Ialand. The Ladles Aid society of the Iunrtee Presbyterian church will meet on Friday with Miss Schonburn on Webster street, slowly recovering from an attack of ty phoid fever. Miss H. n. wavis ana sisieie the house recently occupied by Mr. J. P. Kepler and family at 4819 Capitol avenue, and have moved Into It. Mra. S. R. Elson gave a reception at her home Friday afternoon. She was asslsteil by Mrs. Chsrles Talmage. Mrs. A. . Crossman, Miss Madeline Elson and Miss Mildred Bennett. About seventy-five guests were received between the hours of and 11 Thursday ..nin. At thm home of Mr. and Mrs. H. D. Reed In honor of Mr. and Mrs. M"'8 Greenleaf, who were recently married. Mr. W. H. Covey of Colorado, Mr. J. E rtaonn of Harwell. Neb., and Mr. W. K Griggs of Lincoln were the guests during the week of Mr. and Mrs. D. L Johnson. Mr. Covey left yesterday for Chicago and Mr. Bacon left on Thursday for the west. November 19 will be donation day for the Old People a noma, nags nave own at tributed in Dundee and. may be obtained by anvone who has been missed, from Mrs. r ,,.' Knr.hplm These m.tv be filled with any useful household article or edibles of any kind and will be collected and sent to the home from tne uunaee school KAISER IRRITATES PUBLIC (Continued from First Page.) that his majesty will faithfully observe the will of the minor German kingdoms and of Parliament, "and that In foreign affairs even the least important business shall be transacted alone through and by the con sent of the chancellor. Position of Chancellor. The chancellor will be present to the em peror a strong statement wun reierence 10 th attlude of the Reichstag, that the entire body had assented to declarations made by a membera that the emperor had exceeded his constitutional authority in discussing controverted questions with which the gov ernment Is Identified with foreigners. He will communicate to the emperor the opinion formulated at the meeting of the Bundnerath thut It would be wiser for the mperor not to express views affecting the relations of tiie empire with other coun tries, except through the responsible min isters. He will endeavor to Impress his majesty With the fact that the people at arge and the ptess of the country are op posed to his Intervention In affairs for which the chancellor and the other Oormun officials of state are responsible. It Is un derstood that there already has been an xchange of views between the emperor nd Chancellor von Buelow, and it la be lieved, for the present at least, his majesty will be ready to meet the emergency by onsentlng to entertain the suggested re form In his procedure. Winter blartl, causing ineumonla, pleurisy and consumption will soon be here. Cure your cough now, and strengthen your lungs with Foley's Honey and Tar. Do not risk starting the winter with weak lungs, when Foley's Honey and Tar will cure the most obstinate coughs and colds, and pre vent serious results. Sold by all druggists. STRANGE FREAK OF NATURE American, pillar of llercalea Carved liy the Elements V the Moon talna of Idaho. . In a recent Issue of the Scientific Amer ican, Charles F Holder writes In an in teresting' manner of the mountains of Idaho, and descrlbrs the "Sheepcater's Monument," a strange freak of nature This Interesting feature is located In the mountains of Idaho, ten mlWs down Monu mental creek from the town of Roosevelt In Thunder mountain. Mr. Holder writes as follows: "It was discovered a number of years ago by some herders and prospectors, and was reported aa a gigantic monolith, made by prehlstrrlc man; and Its appearance would Justify the assumption. Vet the col umn Is the work of wind and weather. The monument la over seventy feet In height, of commanding proportions, and can be seen against the sky, for a long distance. It !a nearly eighteen fect In dia meter at the base, and rises In almost per fect proportions, being near the summit ten feet in diameter, sixty feet from the ground. The crowning feature of this stu- pendousrolumn Is what appears to be a cube of solid rock pslsod ertletically upon one of Its points a position which would be s- masterpiece of engineering to ac complish by the most skilled appliances of man. This American Pillar of Hercules stands on the edge of a deep canyon filled" with pine trees, and Is an object lesson to the student of geology aa wpII as to ono In terested In the fantastic In nature. The story of the pillar Is eas'ly told. It stands as a remnant of the mountain, which had been cut away by the constant washing of rains of untold centuries. At first a cloudburst, possibly, formed a channel; this became a canyon, and as the sides of the mountain washed away, a column shaped mass, which waa more resistant and harder than the rest, was left. Acci dent made the top of the column larger, aa chance shaped the lower portion. This monument, due to the disintegrating power of nature. Is formed of a rough conglomer ate which but adds to Its attractiveness, huge blocks and boulders clinging to lta aldea, atandlng cut In auch relief that It la almost possible to use them as stepping Stones, and climb to the summit; yet so tall Is the pillar, they are not seen at a distance, and do not interfere with tha regular outline. On the right aide, part way up, are pro jecting bouldera which weigh several tons, and the strength and nature of the entire structure cun be realised by the else of the surmounting cube, and which Is esti mated weighs 100 tons or mors. This re markable piece ot nature'a carving Is known as 'The Sheepcater's Monument.' but the origin of the name Is not known." HAVE YOU TRIED i7aimr3 v It Is well known to b The Best Natural Laxative Water ro COIISTIPATIOfi and all disorder of the bo we la gnd store acb. In fult hotltt nnd plH SCHEDULE TOO STRENUOUS Cornhusker PUyen and Coach Give This as Reason for Their Defeat MEMBERS OF TEAM ARE STALE ' No larllnatloa to Decry the Victory of Kansas or Inalnaate tho Homer Men Did -Not Oat play Nebraska. " r - LINCOLN, Nov. 15.-Spe,-lal.)-Th0 Corn buskers, although all tholr fondest aspira tions were rudely dashed away by the Jay hawkers, are not discouraged and are gons to tcgln practice thla work with the de termination to lick Wabnsh on Thanks giving and the Carlisle Indians on Decem ber 2. Tho defeat Saturday came aa a sur prise to Nebraska, and was the hardest blow that has fallen lnta tho Cornhusker camp In years. ' ' Nebraska's foot ball team this season was believed to be the strongest that the stale institution has had since 1902. when the Cornhuskers, under "Dummy" Booth, went through the sessun without a defeat. After Minnesota had bun tied and Iowa and Ames humbled. It looked as though Kansss and the rest ot the teams on tlie scheduln would be easy victims. Bilt the Jsyhawk ers proved to be the worst kind of tartars, and now the Cornhsiskers see what things proved their undoing. Nobody In the Nebraska camp claims tiiat Kansas did not outplay the Cornhuskers. It is freely admitted that the visitors wero superior In every department of the game, and there la no discrediting the victory of the men from the Sunflower state. The Nebraska coach and ' the . players themselves lay the cause of their defeat to a too severe and long schedule.' It is claimed that th Cornhuskers, nor any other team, could play four hard games within five weeks without having reversal of form. Conch Cole soys the men were stale yes terday and could not play their beat game If they had played as they did at. Omaha against Amoa the- result probably would have been different. . - - Cornnaskrrs Are Male. Captain Harvey of the Cornhuskers. In discussing tho game this afternoon. Said that the defeat came as a direct result of too hard a schedule. "Nvno of our men played his best game yesterday and we lost because .wc. wero stale. Kansas outplayod us yesterday, and I think they have a great team. But the trouble with us waa that we had played too many hard games. You must remember that we have played Minnesota, Haskell, Iowa, Ames and Kansas all within the aliort space of five weeks. Iowa and Ames used our men up and alien it came to yes terday none ot them could play foot ball. "None of the men laid down, you under stand. They all plaed aa. hard as they could. Ivansas was fresh, however, this being their first hard game, and they beat us." The Cornhuskers have one complaint which they make against Kansas. They claim that the Jawhawkcra knew all of their plays nnd whenever one of them wan called that Kennedy's men were ready for It. "Those Jayhawkrrs knew everyone of our plays," said Quarterback Cooke in dlscus sln gthe game thla afternoon. "Whenever 1 colled a play they would yell out to eacii other to watch certain players. When I Wfllllrl roll fi rt,ul...,i... . - . i. . .,, I . v.nHiuupn i.i tail) uie unu .ivy nnmeuiuiciy .wouiii Know Jhe signal and would cry 'Watch Clialoupka.''Or If a would give a signal on which I was to make a quarterback run they would cry. 'Look out for that quarterback run.' Looks Husulcloas. "Such things as thut make me kind of suspicions of the Jayhawker taclics. I di not know how they could have learned all those p:ays unless they had spies watching ua at practice." "i'he other players all tell the same story as Cooke In regard to this part of tha play. Kven the Nebraska , coach saya he could tell that the Jayhawkers knew the Ne braska plays and signals as well as the Cornhuskers themselves. It Is strongly be lieved in the Nebraska camp that Coach Kennedy had a man In a Cornhusker uni form watching practice last week. The Ifoward overdraft stove Is now on exhibition at the P. C. De Vol Hardware Co. store. See it burn tha amoke and gm of soft coal. See Sperling for prices on the Interna tiona, Jackson snd Detroit electric auto mobiles, 234 So. Main St. LA AUTO GIRL, the marvel. Do you know what It Is? At the Diamond theater. THE SEARCHLIGHT ON Q-BAh Nebraakang Hear About A Discovery That Vetoes Gray Hair. RESTORES THE COLOR OF YOUTH Kama of Dr. Wott Zs Bound To Beooana Tamlllar To Xorthwesternera Who Are Shy on Hair and Waa To Bars What's Z.eft. When the roll of the World'g benefac tors is called, Dr. Nott la sure to hear his name. Nebraska people are learning con siderable about the discovery of this man who found In the West Indies the secret for changing gray hair to its natural color. While hereditary baldness ia not a disease, and 1s rated aa Incurable, about SO per rent of the bald people are victims of seborrhea. This causes an excess of dandruff, and I amenable to treatment. Dr. Nott's Q-ban Hair Restorer has proved very successful In such cases of baldness. It Is a remedy in which the faith of those who have pul It on the market la ao alrongly fixed that for any case of gray hair that la not re stored to Its natural color, after ths uaa ol three bottles, the druggist who sells them will refund every penny of their cost to ths purchaser. There's that something In thli (j-ban Hair Restorer Which provldei needed food for the nerves, muscles and sebaceous glands of the scalp. Men ant women with a tendency to baldneaa, find in thla discovery ot Dr. Nott's Just what they need to arrest th sparslty and ln crease the growth and health of tha hair Here In Omaha Dr. Nott's Q-ban Uilr Re storer can be purchaaed at Myera-Dllloa Drug Co.'s drug store. Thy'U tH you how to get a big bottle free. ' , , T What's Your Guess? Xvsry parsoa who takes a snaal at Tolf Bauaoa'a basement restaaraaS snay gweas tha number who Ttalt there garlag tha day. Tha asarsst gasss wlas a tsveal Voak. (very day this weak.) Toll Hanson's Lunch Room, Tha moat attractive, "brlihtast. alrlast and most economical lunch room In Omaha.