Nebraska Newspapers

    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.