TIIK OMAHA SUNDAY IJEK: PECEMBEIt
20, 1903." 1
GNOSIS
0
SHOE
CERTIFICATES
.
On sale now and good
for on fcwlr Soros is
Sheet at this or any
other Sorosls Sho.
Stora In " tha United
States.
'.' If you don't know
the size, buy a certi
ficate, and she will be
property fitted after
Christmas. $3.50 and
$4.00, and the new
Custom Sorosls In all
colors and combina
tions are $5.00.
The Shoe of All Nations
203 Soulh 15lh St.
FRANK WILCOX, Mgr.
CHRISTMAS CANDY
" Our new. candy depart
ment puts us la a position
to fill your order for Christ
mas Candy.
It will be appreciated.
Mjers-Dillon Dru Ca.
16th Q, rirnim St.
Stock Still Unbroken
You have plenty wwwwwy
wvwvwvwvwoi time.
Our Stock Still Otters
unlimited selection of
choice things for Xmas.
with large range of
prices.
Christinas; Week Special
takes a Bolid gold
body chain with
solid - gold heart
pendant. .
Visit our store when
shopping It will pay
you.
Mawhinney ,
Ryan Co.
JEWELERS
15th and Douglas Sis.
Send for 1(08 Catalogue, rill.
Get Ready
. . i
Only four more days till Christ
mas and of course you want your
clothes looking right.
Send them to us either for clean
ing or pressing and we will hare
them back for Christmas. We
never disappoint, ,
If you need a dress suit for any
of the holiday functions you can
rent one here for $2.50.
The Pantorium
'Good Cleaners mul Dyers"
1513 JoiM-a St. lloth 'Phones.
N. B. We have no branch office.
on: SPECIAL
ttl'KDAY DOLLAR
DINNER DE LUXE
From 6 to 8 O'clock
(M181C)
Tables may be reserved. Out-of-town
visitors are cordially In
vited to visit Omaha's magnificent
new hotel "at the sign of the
Red Arrow."
HOTEL LOYAL
oppositb tii pobvoppxcs.
Advert l In
THE OMAHA DEE
Bsst t';. West
i
SIP Ml i
SOCIETY AT CHRISTMAS TIME
Debutantes Mast Give Way to College
Set During the Holidays.
MANY CAFE SUPPERS SCHEDULED
Concert Daart far Yale Musical
(lube to Be Conspicuous Feature
f Chrtntsnas EvfBlo Armr
Set Will Entertain.
A Christmas to.
Here's to our Christmas, may It bring- us
good cheer!
May the Joy of this Christmas roach all
far and near.
May the mmnaga of Christmas to all hearts
be clr;
My It soothe every sorrow and dry every
tear.
May It bind closer to us each soul thst la
And the spirit of Christmas last all through
the year. . .
LAIURA R. TALBOT.
Lansing, Mich.
Tha Social Calendar.
MONDAY-Mra. T. L. Kimball, dance at
her home for Mlaa Leta Holdrege; Omaha
High school senior pronx at Chambers;
Monday Bridge club meeting at the home
of Mrs. C. W. Hull; Mra A. I. Iloot. Mon
day luncheon club; Mrs. i. A. McSliaae,
Monday Bridge Luncheon Huh.
Tl'KSDAY Melody club meeting at the
home of Miss Goetx; Mr. and Mrs. Frank
Hamilton, dinner.
WEDNESDAY Mrs. T. I Kimball, bridge
party for Mr. and Mra. E. A. Holyoke, Jr.,
of Madrid, Neb.; Thorpe-Lewis wedding
In Dundee.
THURSDAY Phi lambda Epsilon dance
at Chambers; Melvln-Valentlne wed
ding. . ,
FRI DA Y Afternoon smoker at the Omaha
club for visiting Yale men; Yale Gle.
Banjo and Mandolin club concert at the
Lyric theater: Mr. and Mrs. Luthw
L. Kountse, dance at Chambers' for visit
ing Yale men; Mr. and Mrs. R. 8. Hall,
dinner for visiting Yale men: Mr. and
Mrs. Charles Harding. dinner for
visiting Yale men: Miss Whltmore
dinner; Miss Cudahy. dinner; Judge
and Mrs. D. M. Vlnsonhsler. at
home. Xmas morning; Christmas stag
at Metropolitan club.
alsnwlnallfineofsmoothO .sffBmraho shr
SATURDAY Mr. and Mra B. B. Bruce
theater party at Buyd's for Miss Margaret
Bruce: Mrs. Charles Dundey, bridge for
Miss Clabaugh.
Some of the leading cafes of Omaha will
follow the example of the cafes of New
York, San Francisco and Paris In that
thoy have arranged for a special musical
program for New Year's eve. In addition
to a splendid orchestra program, some have
arranged for singers who have been se
cured from the theaters. This shows that
Omaha is assuming real metropolitan airs
and Instead of the little social gatherings
at home large numbers are reserving tables
In advance for these musical entertain
ments so they may watch the old year
out and the new year In. These gatherings
are quite Informal and friends will visit
from table to table.
During Christmas week the debutantes
will watch the giddy whirl of the
school set, but they will not be
crowded aside entirely for . the . dan
cing party given by Mr, and Mrs. Luther
L. Kountse will be the social event of' the
week and all the members of the social
sets 'will Join in the festivities. A large
number of dinner parties are announced
for the various homes and the week' will
ba one round of social pleasure for the
younger folks. The debutantes - will .share
the honors with the members of tha glee
club at the big reception and are preparing
to have a time to be remembered with the
visiting college men. Among the dinners to
be given for the visiting Yale men Christ
mas evening will be that given by Mr.
and Mrs..- R. 8. Hall and their son. Mr.
Waro Hall, and that by Mr. and Mrs.
Charles H. Harding and Mr. Mack Harding.
Miss Eugenie Whltmore will be hostess at
one of the dinner parties preceding the con
cert and the Misses Cudahy will also enter
tain. While the army contingent of Omaha and
vicinity gave one of the largest social func
tion of the week, Just clqfted, the officers
are not going to rest on their laurels, but
will continue their entertainments during
the holidays. The ball Monday, at the
Rome, was one of the most beautiful affairs
ever given In Omaha and demonstrated
that the army folks know the art of en
tertaining. (Hmday afternoon, at Fort
Crook, Captain and Mrs. Joseph Oohn will
receive at an afternoon tea. and a num
ber of Omaha people will call. New Year's
eve a ball poudre will be given at the
garrison, by the officers and their wives
to which a number of the Omaha social
set have been Invited.
Prospective Pleasarea. '
Mr. and Mrs. Frank,.Hamllton will enter
tain at dinner Tuesday evening at their
home.
Mr. Elmer Redlck has issued invitations
for a bridge supper, to be given New Year s
eve at his home at 7:30 o'clock.
Miss Simon and the Misses Gladstone
will entertain at supper Sunday evening
for Miss Amelia Newman and Mr. Louis
Sommer. whose wedding will take place In
the early winter.
Mrs. T. L. Kimball will give a dance
at her home next Monday evening fJr
miss i;ia Holdrege. She will entertain
urugo Wednesday evening for Mr. and
Mrs. t,. A. Holyoke of Madrid, Neb.
Mr. and Mrs. E. E. Bruce will give a
theater party at the performance of "Polly
of the Circus' at Boyd's next Saturday
lor ineir aaugnter. Miss Margaret Bruce
The young women of the party will be
the debutantes. Supper at Hansons will
rouow the theater.
The Nebraska Beta chapter of Phi Lamb
da Bpbllon will give on of the larae dan
cing parties of the week for the younger
sei xnursaay, Christmas eve at Chambers
academy. Elaborate preparations have been
made by the fraternity and about 200 Invi
tations were Issued.
There will be a reception at the Settle
mem house on New Year's day for the
parents and relatives of tho settlement
children. The girls of the cooking classes
will cook and serve the refreshments and
ine settlement Is looking forward to
very happy time on this day.
judge HOd Mrs. D. M. Vinsonhaler will
keep open house Christmas morning for
me,r menus. This is a popular custom in
the south and one which a great many
southerners miss in the north. Judge and
Mrs. Vinsonhaler are among the few who
nave continued this hospitable formality
The senior prom, given by the hla-h achool
students, Monday evening at Chambers'
academy will be well attended, over 300 ac
ceptances have been received. The ball
room la to be decorated In the class colors.
Sid rose and white, and paper mache
shades for the lights will match the decora.
Hons. The various social clubs of the school
will attend and will also each furnish a
cozy corner.
Complimentary to Miss Clabaugh, Mis
Charles Dundey will entertain at bridge
Saturday afternoon. The guests will be
restricted to friends of Miss Clabaugh.
New Years evs Mr. and Mrs. I. W. Car
penter w!ll entertain at dinner In honor
vt Miss Clabaugh and Mr. Gilbert Carpen
ter, Several other affairs have been
chinned fr Miss Clabaugh, but the dates
have not been fixed.
Mr. and Mrs. Clayton F. Edwards an.
nounce the engagement of their daughter.
Miss Julia Grace, to Mr. Orley Cecil Taylor,
the wedding to bs at Tha Broadway, Seat
tle, Wash, December a, 19US. This comes
ss a surprise to the friends of Miss Ed.
wards la Omaha, where she lived fvr many
years, graduating from tha high school
here, after a nurse at the Peru Normal
She was a teacher at tha Mason school
until two years ago, when, with her par
enta ehi moved to Brattle. Mr. and Mrs.
Taylor will take a short wedding trip on
tha Princess Royal to Victoria, B. C. and
make their home In Seattle.
Pleasarea rant.
Miss Mona Cowell, 24 Harney street, en
tertained the members of the Elaine socle'y
of the Omaha High school Friday afternoon
at her home.
Mr. and Mrs. John T. Stewart, 2d., enter
tained at dinner Saturday evening at their
home In honor of Mr. and Mrs. Morris Cum
mlngs of Chicago, guests of Mr. and Mrs,
C. T. Kountse. Those present were: Mr.
end Mrs. Morris Cummlngs, Mr. and Mrs.
C. T. Kountse, Mr. and Mrs. ' Luther
Kountse, Mr. and Mrs. Samuel Burns, Jr.,
Mr. and Mrs. Samuel Burns and Mr. and
Mra Stewart,
Miss Elisabeth Larson entertained Friday
evening at her homo In Dundee. Christmas
decorations were used throughout the rooms
snd music and games afforded the even
ing's entertainment. Those present were:
Misses Winifred Lacy, Agnes Stltt, Cleo
Wharton, Hazel Henton, Mabel Heaton,
Fay Chamberlain, Mabel Henrlckson, Else
Larson, Edith Hanson, Laura Nelson,
Luella Nelson, Anne Claire Larson, and
Messrs. Clarence McCullough, Leonard
Ledwlch, Clarence Rushland, Bert Dunn,
James Stltt, Harry Stltt and Milton Larson.
Mrs. Charles F. McQrew entertained at
luncheon Biturday at the Omaha club in
honor of Miss Jean Barkalow of Denver,
who spent the day In Omaha enrouta to
her home from Mrs. Somer's school In
Washington, D. C. Nearly all of the guests
present had attended Mrs. Somer's school,
and the centerpiece was of calla lilies and
place cards to match, signifying the "Order
of Lilies," to which Miss Barkalow and Miss
McQrew belong. Covers ewer placed for Miss
Jenn Barkalow, Miss Carolyn Barkalow,
Miss Jean Cudahy, Miss Frances Nash,
Miss Bess Baum, Miss Elisabeth Pickens,
Miss Helen Cudahy, Miss Dorothy Morgan,
Miss Caroline Congdon, Miss Oladys Peters,
Miss Louise Lord, Miss Alice Carey Mo-
Grew, Mrs. Roscoe McQrew of Fort Steele,
Wyo., and the hostess.
Come anil Gossip.
Mrs. Henry Van Gieson left Thursday to
spend the winter in California.
Mrs. Nathan Rothschild of Pittsburg, Pa.,
Is visiting Mr. and Mrs. J. Kline.
Miss Katherlne Hughes is recovering
from an operation at Clarkson hospital.
Mr. O. D. Woodward of Kansas City Is
the guest of Mr. and Mrs. W. J. Burgess.
Mrs. A. C. Shsllenbergor of Alma, Neb.,
Is a guest at the home of Mr. and Mrs.
E. P. Smith.
Miss Ruth Robinson will spend the holi
days with her brother, Mr. F. W. Robin
son of Chicago.
Mr. and Mrs. E. J. Peake and son of Bar-
rlngton, III., are visiting in Omaha during
the holiday season.
Mra Wallace Reynolds and children of
Santa Fs, N. M., are guests of Mr. and
Mrs. Daniel Baum.
Mr. and Mrs. Charles S. Elgutter have
moved Into their new home, 630 South
Twenty-ninth avenue.
Mr. Samuel Hawver leaves Monday for
Los Angeles, Cal., where he will Join his
family for a winter's outing.
Mr. end Mrs. N. P. Dodge, Jr., leave
Monday td spend Chrlstmss In Boston, the
guests of Mrs. Dodge's father.
Miss Margaret McShane returned home
Friday from a seven weeks' visit in Chi
cago with relatives and friends. . .
Mrs. Irene Cox Buell of St. Paul, Minn.,
is the guest over the holidays of her sister,
Mra A. K. Gault, and Mr. Gaull, ;
Miss Mabel Krebbs. who has been teach-
ng at Hamburg, la., Is spending the Christ
mas holidays with relatives In th city. '
Mr. Joe Byrne returned horns Friday from
points In Colorado to spend a few days with)
his parents, Mr. and Mrs. T. C. Byrne. .
Mr. and Mrs. A. E. Merrltt and daughter,
Helen, will spend Christmas with Mrs.
Merrltt's parents at West Point, Neb.
Mr. Gibson Caldwell, attending the Uni
versity of Virginia at Charlottevllle, will bo
home Thursday to spend the holidays.
Mr. MacMlllan Harding has returned from
Yale university to spend the holidays with
his parents, Mr. and Mrs. Charles Hard
in.
Dr. and Mrs. F. W. Blabaueh and small
daughter, 4801 Dodge street, will leave Mon
day to spend the winter in Los Angeles,
Cal.
Mr. and Mrs. Joseph A. Haines of
Philadelphia, Pa., will be the guest of
Mr. and Mrs. Henry Nott during the holi
days.
Mr. James Farra of Kentucky, who spent
a few days this week the guest of Mr.
and Mrs. Charles Armstrong, has returned
home. '
Mr. and Mrs. R. L. Newman and small
son of Lincoln are guests over Sunday
at the home of Mr. and Mrs. M. M.
Standish.
Mr. Lyman McConnell has returned
from Wyoming to spend a week the guest
of his parents, Mr. and Mrs. Frederick
McConnell.
Mr. CurtU Lindsay, who Is a st-nlar at
Armour institute, Chicago, la spending the
holidays with his parents, Mr. and Mrs.
S. W. Lindsay.
Mr. James Woodard, who Is now living
In Sheridan, Wyo., will arrive Tuesday to
visit his parents, Mr. and Mrs. J. I. Wood'
ard, for a few days.
Miss Julia Hlgglnson, who was the guest
for several weeks of Mr. and Mrs. Harley
Moorhead, Is now the guest of Mr. and
Mrs. E. S. Westbrook.
Mrs. Alfred Kedmon of Moville, la., is
spending the holidays with her daughter.
Mrs. James M. Stoney. Mr. Redmon will
Join her In a few days.
Mr. Percy Stevens of Rockford, 111., Is
expected Wednesday to Join Mrs. Stevens,
who Is the guest of Mr. and Mrs. C. M.
Wilhelm for the holidays.
Mr. Edwin Morrison of Kansas City is
expected the first of the week to Join Mrs.
Morrison, who is the guest of her parents
Mr. and Mrs. A. P. Tukey.
Miss Louise Dinning returned home Satur
day from St. Mary's school, Notre Dame,
Ind., to spend the holidays with her par
ents, Mr. and Mrs. R. J. Dinning.
Mr. Harold McConnell has returned from
college at Notre Dame, Ind., to spend the
holidays with his parents, Mr. and Mrs.
A. U. McConnell, 3411 Farnam street. '
Mr. and Mrs. James Brown and Miss Dor
othy Brown of Chicago will arrive Wednes
day morning to be the guests of Mr. and
Mrs. O. J. Ingwersen for the holidays.
Mr. Edmund Krug of St. Louis, formerly
of Omaha, will spend Christmas In Wash
Ington, D. C, and come to Omaha for a
few days the latter part of the month.
Mr. Kenneth Patterson, who attends col
lege st Andover, Is the guest of his
brother, Mr. Ronald Patterson end Mrs.
Patterson, 133 North Forty-second street.
Mrs. A. J. Cooley left Saturday for Bur
lington, la., where she will visit her par.
ents for sis weeks. Mr. Cooley leaves to
day for an extended western business trip.
-Miss May O'Rourke of Ixje Angeles, Cal.,
who has been visiting Miss Amy Gilmore,
left Friday evening for Kansas City, where
she will Join her parents and spend Christ
maii. Miss Gertrude McCarthy will return Bun
day,, from St. Mary of the Wood. Ind., to
spend the holidays with her parents. Major
and Mrs. Daniel E. McCarthy. 3U0 Harney
street.
Mr. Robert FUher, who la a student
at the University of Michigan, will return
home on Thursday to spend his vacation
with his parents, Mr. and Mrs. Qeorge L.
Ftshcr.
Mr. and Mrs. Charles Armstrong leave
the first of tho week for California to
spend the holidays with Mrs. Armstrong's
parents. They will return the first week
In January.
Mr. Paul Coad returns Monday from St.
Thomas Military academy, St. Paul, Minn.
Mr. Dick Coad, who has been spending
several months In Wyoming, has also re
turned home.
Miss Edith Clouston, who is a student at
Vassar college, will spend the holidays at
the home of her aunt, Mrs. A. Q. Gaull.
Miss Clouston Is a niece of Sir Edward
Clouston of Montreal, Can.
Mr. Thomas It. Matters, Jr., returned
home Saturday from Harvard university,
Cambridge, to spend the holidays with his
parents, Mr. and Mrs. T. II. Matters, 115
South Thirty-ninth street.
Mr. Glenn Wilcox, who has been at
tending Missouri Military scademy at
Lexington, Mo., returned .home Friday to
spend the holidays with his parents, Mr.
and Mrs. George A. Wilcox.
Among those returning Saturday from
the University of Nebraska were: Misses
Alice MeCulloUBh, Grace Rohrbough, Olive
Hammond, Irma Staples, Mary Fahs, Doris
Woods, Anne Dennis, Olabele H'ervey,
Helen Sholes, Beas Gould, Margaret Outh.
rle, Ruth Rhlnehart, Esther Devalon, and
Messrs. Ralph Cosd, Howard Thomas,
Roland Thomas and Lloyd Smith.
Among tho school set home from college
for the holidays are: Mlse Caroline Cong
don, Miss Helen Forbes, Miss Margaret
MoPherson, Miss Alice Csrey McQrew, MIps
Elisabeth Pickens, Miss Ruth Harding, Miss
Louise Dinning, Mlse Frances Nash and
Miss Helen Cudahy. From Amherst, Frank
Selby and Reed Peters of Dundee, Prentiss
Lord and. Clarence Belden; from De Pauw,
Claude Peak and Roger McKensie.
FREAK STATUTES OF THE YEAR
Buddln. Lawmakers Imbued with.
Noble Ideas for Uplift of
Mankind.
Now Is the accepted time for embryo
law makers to whip into shape for action
at the approaching sosslons of legislatures
such measures as they deem necessary
for publlo ills. Many freak proposals will
be made and some molded Into statutes
at some of the legislative foundries sched
uled to begin business In January. Legisla
tive freaks were unusually numerous this
year, because Oklahoma had considerable
cloth to cut for the baby state, and the
cutters kept busy from start to finish.
The new state has enacted that hotels
must supply their guests with bed sheets
not less than nine feet In length,' but Texas
blazed the way In this far-reaching reform.
Oklahoma legislators descended upon
their capital with a large assortment of
Ideas for the betterment of the human race
equally as unique, but they took most of
them back home again. It was an Oklahoma
man who regarded the cigar store Indian
as a slander upon the real redskins among
his constituents and who wished to banish
it from tho traditional post of honor at
tobacco shops, but the cigar store Indian
still holds forth in Oklahoma as well as
elsewhere, and If the tribe is diminishing
It Is for a far different reason than that
he has enemies In the camp of the law.
makers.
Another Oklahoma solon wished to pro
hibit the use of cracked crockery on the
tabic, another to make it an offence to use
a roller towel more than two days, another.
4o vcompel railroads to disinfect their rail
road tickets, another to prohibit passengers
en street cars from crossing legs when
they have mud on their feet and another
to compel householders, to beat rugs and
carpets outside of the corporate limits of
any town.
There was even one lawmaker who sought
to compel husbands to cook breakfast cn
Sunday mornings in order that their wives
might go to church, and one who desired
that six successive visits by a young man
to the home of a young lady should be re
garded as evidence of an engagement to
marry. But, alas! Oklahoma rejected this
Utopian program and snugly snoozing under
Its nine foot bed sheets, It sleeps on, while
there are many sores on the body politic
to be healed.
It woke up for a few minutes to pass a
law that required every complimentary no
tice concerning a candidate that Is printed
in a newspaper to be labelled "Advertise
ing" In ten point type, but the Oklahoma
editor still has a legal, If not moral right,
as he sees fit, provided that the citizen does
not commit tho indiscretion of running for
office.
Those who rejected the plan of decreasing
Inebriety went upon the theory that It was
unwise to acquire a reputation for bravery.
Maryland did, however, make it unlawful
to serve free lunches In beverage empori
ums. The Virginia legislator who tried to out
law kissing several years ago has had no
Imitators recently, but in Louisiana tho
man who comes late to the theater has
been regarded as a proper subject for leg
islative consideration and possible classi
fication among the malefactors.
Many states have been supplied with laws
that mitigate the terrors of the '"Merry
Widow" hat, but these laws are not of this
year's vintage, and that ubiquitous vexa
tion probably arrived too late to cause any
Increased activity on the part of the legis
lative grist mill. Since women have ceased
to sweep the streets with long skirts sar
torial eccentricities have given very little
concern to ambitious publicists.
If It Is difficult for members of state leg
islatures to have their beautiful dreams
for regulating the universe sssume shape,
It Is well-nigh impossible for a member of
congress to achieve the same object. Very
little legislation, either wise or otherwise,
got by "Uncle Joe," the boss of the big
law-making factory In Washington, at the
last session. Nevertheless the difficulties
that beset him did not dampen the ardor
of the man who had a little bill intended
to make life more seraphic.
First and foremost there wss J. Hampton
Moore, with his plan for licensing the
laundries snd forbidding them to use any
acids or machinery calculated to Injure the
delicate fabric of the dress shirt, which Is
an object of tender solicitude on the part
of the Pennsylvania-
No one lias disputed the laudable motives
that animated the manly bosom of Mr.
Moore, and If he could accomplish the pur
pose he seeks his name would be written
large In the hall of fame, but all save ho
appear to have the idea that a phlld that
desires to have the moon for a plaything
expects nothing more extraordinary than
the man who hopes to curb the ferocity of
laundry machinery.
Representative Charles McGavln deplored
the numerous International matches that
had led daughters of Amerlcsn millionaires
to take their dollars abroad in exehangs for
a title, and he did not stop st deploring.
He prepsred a little bill to Impose a heavy
tax on the dower of all brides who desert
their nstlve land, but the bill still decor
stes a convenient pigeonhole in the na
tional rapltol.
Plan to Mark Motor Head.
BOONE. Ia., Dec. 19. (Special Telegram.)
A plan la being formulated, fathered by
an automobile man of Marshalltown, for
marking the automobile road from Chi
cago to Omaha passing through Boone.
The plans are not definite, but auto people
will have no difficulty whea the route U
mcrked out in going from Chicago to Ne
braska City, The plan calla for high signs
alone the best road of UUaola end lowu.
IjS &7 FAIgNAM ST. 1
wM MtAk lifts
For Your Wife, Hlother or Sweetheart
UY her furs, the most suit
able of all gifts for women.
The reputation of this firm is a
guarantee of the reliability of
our furs.
I Matched Mink Sets at
Matched Lynx Sets at
1 Matched Ermine Sets
Matched Brook Mink
Matched Fox Sets at
Matched Jap Mink Sets, $20.00 to $45.00
Decided Reductions on All Our
Silk Kimonos. Silk Petticoats.
Suits, Opera and Street CI oaks. Etc.
Taffeta
An elegant assortment of waists, made
ii t 1 . 1
in all sizes ana colors; waists maae to sen at $o.uu,
$7.50 and $8.75; your choice at ., v ... ........
ANSWER FROM OIL COMBINE
SMBSSSSSSBSBBBl
Brief Filed with Supreme Court in
Appeal in Big Fine Case.
POLICY OF LAW AGAINST IT
Contention that Review of Judg
ment la Favor of Accused In
Criminal Case la
Irregular.
WASHINGTON, Dec. 19. The Standard
Oil company's brief in the proceeding of
the United States against that company
on the charge of accepting rebates from
the Chicago & Alton Railway company, in
which the Vnlted States courts for the
northern district of Illinois Imposed a fine
of 13,240,000, was today filed in the supreme
court of the United States.
The case comes before the court on a
petition by the government for a writ of
certiorari bringing It up for review of
the decision of the United States circuit
court of appeals for the seventh circuit, by
which court the district court's decision
was reversed. The brief antagonizes the
petition, and this opposition is based prin
cipally on the ground that the law does
not "authorize a review by tho supreme
court on an application of the government
of a Judgment of the circuit court of ap
peals In a criminal case by which a writ
of error of the defendant Is sustained and
disposed of by reversing the Judgment and
sentence of the trial court." It Is contended
that In a case of this character a writ of
certiorari la equivalent to a writ of error,
and that "the policy of the law Is against
the review of a Judgment in favor of the
accused In a criminal case at tha instance
of the government."
Discussion of Rates.
It Is pointed out that t cents wss the
lawful rate on petroleum for all shipments
from Chicago to East St. Louis, except
from the stations at East Chicago, Ham
mond, Ind.; Indlatwv Harbor and Writing
or other suburban switching points in In
diana. From these points the government
contends that the railroad was required to
charge 18 cents per hundred,' or three times
the Chicago rate, and that tharefore the
Standard company, which shipped from
the .suburb of Whiting st the Chicago rate
was properly mulcted by the district court
in the sum of $3,000,000. "for not shipping
at and paying a prohibitive rate of three
times as much as the Chicago rate." Con
tention Is made that due effort was made
In behalf of the Standard company to
discover the legal rate, and It la urged
that the company should not be held re
sponsible for Its failure In that respect.
Continuing, the brief says:
"Counsel as well as the trial court have
overlooked the obvious consideration that
the controlling purpose of the acts to regu
late commerce Is 'to promote and facilitate
commerce, and not to hamper or destroy It.'
"Counsel argued the construction of the
Elklns amendment as if congress, In pass
ing it. regarded the shipment of commodi
ties In Interstste commerce as fraught wllh
evil or danger to the safety or morals of
society and that it was therefore to be
burdened with penal restrictions and that
shippers are to be hold to a rule of dili
gence In knowing thst the rates at which
they ship ar. ths current lawful and pu
lished rates, such as has been in 'extreme
cases spplled to dramshop keepers selling
liquor to minors or druggists selling
poise ns. If such shippers were required to
carry on business under such a rule as to
dllligence or the 'equivalent of knowledge
at the risk of criminal prosecution and
severe penalties. Interstate commorco would
be greatly restrained and diminished. If
not destroyed. What is said In the oplnlba
of the circuit court of appeals Is apt on
this question."
DUeretlea of Judge.
Referring to the government's conten
tion that the district oourt's assessment
. . $60.00) to $225.00
. . $55.00 to $110.00
at . . $75.00 to $95.00
Sets at $10.00 to $25.00
. $12.50 to $45.00
Waists at
THE GIFTS
Give lasting pleasure, Bervlce and satisfaction, are of use dally, are the
kind you'll find In our magnificent holiday stock. Don't delay but coma
In early and make your selection before the stocks are broken.
Card Oases,
Letter Books,
Pocketbooks,
Bridge Whist Beta,
Orlbbage S.ts,
Poker S.ts,
Address ets.
Address Books,
Calenders,
Chrlstmss Box Paper,
Paper Cutters,
Ink Steads,
THE MOYER STATIONERY COMPANY
161G FARNAM STREET
Omaha. Nob.
DICKERMAN sl1n10l
AIIWCTSN SLOCK till 1-1 Deles Street 3 :: s :: 'Pkeas D.sgUs Hit
Dramatic Cissies Rehearse Only
- Coarse No. I Class Meets 4 Evenings Ttr Week
Cosrsc Ne. I Class Meets I Eveslngs Per Week
Make Oats Under Expert Makc-Up Mas. Special Isles fer Ike New Year
llome-Made Jingles
BT OBACB BOBBBBOW
PLEASING XMAS GIFT
91.00 PCB COPT at all books.ll.rs or
sand order to 64S South seta Avenue,
T.L Harney 8687.
of penalty was In the proper exercise of
the personal discretion of its presiding
Judge (Mr. Landls), the brief declares
that "this Is a discovery which has been
left to the learned counsel for the gov
ernment to make at a very late date In
the hiHtory of our Jurisprudence. It had
always before been regarded," the brief
proceeds, "as settled that the discretion
committed by law to the Judges was a
Judicial discretion and not a personal
discretion, and that the exercise of Ju
dicial discretion by a trial court was sub
ject to review for Its abuse; and thst the
provlHlons of the eighth amendment to
the constitution forbidding the Imposition
of expensive fines is binding upon a trial
Judge; and that the Imposition of an ex
cessive fine in violation of that prohibi
tion is an abuse of discretion which Is
reviewable. This view that the trial
Judge exercise 'a personal power and
discretion' apparently is shared by the
district Judge himself, and the record and
Judgment of the trial court affords a
striking demonstration of the wisdom of
the barons who wrested Magna Charts
from King John and of our ancestors
in embedding its sanctions In ths bill of
rights in our constitution."
In conclusion It Is urged that the grant
ing of the writ would not be Justified.
PATRONAGE FOR CONGRESSMEN
Clerks and Other Census employes
Will Be Distributed by
the Members.
WASHINGTON. Dec. 1!.-The appoint
ment of clerks and other employes needed
fjr work on the Thirteenth national census
will be congressional patronage, as In the
esse of taking previous censuses.
Senator Long, chairman of tha committee
on census, today reported to the senate
the house bill providing for noncompetitive
examinations, to be held throughout ti t
country by means of the civil service
machinery, but passed on a form of ex
amination to be prescribed by Director
North of the census snd confined to per
sons designated by senators and represen
tatives. '
Members of the civil servlae commission
1
A .3s riaJ
of extra fine taff
11 rf s r r mm
THAT DELIGHT
Bssk sj.ts.
Portfolios,
Writing Cas.s,
Bnbb.r Band Box.
Twine Bos.s,
Eto., Sto.
HUYLER'S CANOY, FRESH
We shall from now until Christ
mas Eve, receive dally shipments
of Huyler's New York and Chicago
Chocolates and Bon-Dons in -lb.
1-lb.. 2-lb and 6-lb. boxes.
Place you order now,
Sherman & McConnell Drug Co.
Corner 16th and Dodge.
Owl Drug Co. 16Ui and Harney
contended for the use of their classified
lists, but ths senate committee on the cen
sus In Its report followed the lines laid
down In the bill passed by the house. Thers
are about 1,500 places to be filled and the
bill will prescribe that preference shall be
given to personse who participated In pre
vious censuses. The positions will continue
about three years.
It is expected that the Mil will be taken
up Immediately after the holiday recess,
The senate committee adopted a new sec
tlon providing for the purchase of the prop
erty now used as quarters for th,e census
bureau and of an abandoned school build'
lng adjoining, st a limit of cost of $430,000.
Provision Is mad. also for th. construction
of now buildings not to exceed 20,000 In
cost.
NEW YORK DRIVERS STRIKE
rosslbllltr They and Chauffeurs Mai
Stop Work I. ' New , .
York City.
NEW YORK. Pec. It-Members of tht
Liberty pawn Coach Drivers' association
and the I'nlttd Teamsters of America,
representing 1,0(0 drivers and chauffeurs '
in this city, voted today to go on strike
unless certain demands which they have
made upon the employers are granted
forthwith. According to a statement made
today by Edwin Gould, socretary-tr.aeurer
of the Liberty Dswn association, 100 mn
employed by two of the large livery ooin.
panlea struck this morning. Upon ths out.
oome of this movement, he said, will de
pend future action of the employes.
Blgr, Better, Busier That's what ad
vertUuif In The lie does Cos pout kaial
ness " '
'i
HI
00
eta,
1
1
