THE OMAIIA DAILY ttKK: THfRSDAY. JANUARY 7. 1909.
NEWS OF INTEREST FROM IOWA
3'A
Vv
COUNCIL BLUFFS.
0ffice 15 Scott Street. Both 'Phones 43.
INSURANCE BILL IS READY
WATER BONDS ARE ENJOINED
Catherine B. Nash Company Goes Into
the Federal Court,
r
ATTACKED ON MANY POINTS
Charge Klecllon Was lllraal and
that City Has Ho ltlaht to Issue
Bonds la the Anoint
Voted.
On petition of the Catherine R. Nhs'h
company of Omaha Judge Smith Mcl'her
son of the United States circuit court yes
terday Issued a temporary injunction restraining-
the city officers and city council
of Council Bluffs from selling or disposing
of any of the $800,000 bond Issue for the
construction of the proposed municipal
-water works plant and restraining further
proceedings In the suit brought In the name
of I H. Jensen to test the legality of the
proposed bond issue until the Questions at
issue in tha United States court are deter
mined. The restraining order so far as It
relates to the Jensen action does not pre
vent the dismissal of the test suit.
The petition and order issued by JuAge
McPherson were filed la the United Btates
circuit court here yesterday by Cr"foot A
Scott of Omaha, attorneys for the C. B.
Nash company, which owns .considerable
real estate In Council Bluffs. The mayor,
members of the city council and L. H.
Jensen are made defendants. Notices of
the restraining order were served on the
several defendants ' yesterday by Deputy
United States Marshal Cole.
The suit la based on the allegations that
the proposed 600,00 bond Issue is H'egal
and contrary to the provisions of the con
atltutton of the state of Iowa and that the
suit brought by L. H. Jensen is not being
prosecuted In good faith.
Grounds for Halt.
The petition is a lengthy document cov
ering eleven pages of typewritten -matter.
It sets forth that the plaintiff company
owns real estate. In Council Bluffs to the
value of over HO. TOO, upon which it pays
annually over $800 In taxes. A list of the
real estate holdings of the company Is at
tached to the petition.
In the first place It Is claimed that the
proposed bond issue Is illegal for the rea
son, as It Is alleged, that the Indebtedness
of tha municipality Is In excess of the con
stitutional limit. The constitution of the
state prohibits the Incurring of Indebtedness
in excess of 6 per cent of the actual value
of the taxable property of the city. The
value of the taxable property la given In
the petition as $4,212,810, whllu the Indebted
tiess of the city is said to be $312,0' 0.
Regarding the section of the state law
which permits the voting of bonds In ex
cess of the I per cent limitation for the
purpose of "purchasing, erecting or main
taining end operating" water works plants
and other public Utilities such as electric
light plants, gas works, power plants, etc..
the allegation Is made that this section of
the statutes Is absolutely unconstitutional
nd void, Insofar as It attempts to author
ise the Incurring of Indebtedness in any
manner and for any purpose in excess of
the constitutional limit.
Locality of Election Attacked.
It Is also alleged that the petitions for
the submission of the proposition to issue
bonds were Insufficient. It is alleged that
they were signed by less than 200 qualified
persons, instead of 211, the number of
signers claimed. The law, as. quoted In
the petition, requires a majority of the
qualified electors to sign.
The further allegation that the special
election held on October 27 was Illegal is
made. Seven distinct and separate reasons
for the alleged illegality of the election
are set forth in the petition, as follows:
That women voted contrary to the con
stitution. That the statute that permits women to
vote provides for separate returns of their
vote, which was not done.
That women voted In other precincts than
those In which they resided.
That the polls were not kept open In all
canes from 7 a. ni. to 7 p. m., as required
or law.
That many persons were permitted to
"electioneer" within- 10 feet of'the polls,
contrary to the law.
That the form of the ballot was wrong.
That "a large number of electors who
were entitled to vote In the Sixth ward and
who were present at the polling places for
such purpose were wholly prevented snd
precluded from casting their ballots be
cause of the disorderly, unlawful and
riotous manner of conducting said election
within tn( ward."
It Is charged that the city officials "hav
ing knowledge of the illegality of the pro
ceedings" have commenced "fictitious and
collusive" proceedings, and by an "Impo
sition on the court" are attempting to
have the bonds declared valid In order to
assist In the Issuing and negotiating of
said bonds.
It. Is also sllcged that the law under
which the bonds are proposed to be Issued
does not permit the city to Issue bonds
made payable In more than seven years
and that the city officials ond city council
unless restrained propose to Issue bonds
payable in from eight to twenty years.
The restraining order Issued by Judge
Smith McPherson is returnable January 20.
HOLDHEGE TRANSFER ATTACKED
Trustee for IT. P. Pierce, Bankrupt,
Pllea Suit.
As trustee for the creditors of Harry T.
Pierce, bankrupt, William Arnd yester
day brought an action In the United States
court to have declared null and void and
set aside the contract under which Pierce
transferred to George W. Iloldrege of
Omaha all of his real and personal prop
erty, receiving therefor, mining property
in Idaho.
It is alleged that the contract was made
for the. purpose of defrauding the creditors
and that it is fraudulent and of no effect
as to the creditors of the bankrupt.
Thomas II. Matters, also of Omaha, who
Is said to now hold title to some of tha
property Involved. Is made party defend
ant In the suit against Mr. Holdrege.
It Is set out in the petition that Pierce,
who was adjudged a bankrupt November
21, 1908, had real and personal property of
the value of $24,000 and all the pieces of
real estate are enumerated. Under the
contract by which Pierce conveyed his
property to Holdrege he received in ex
change 300 acres of land in Owhee county.
Idaho, which embraced a mine called the
Perseverance Mining and Milling company.
. Mr. Holdrege has filed a claim of $400,
000 against the bankrupt's estate and ob
jections to It have been filed by Trustee
Arnd. This claim of $100,000 was scheduled
by Pierce as a secured claim.
Senator Dowell Hopes to Secure Its
Passage at This Session.
SPEAKERSHIP FIGHT IS NOW ON
Many Candidate In the Field, bat
Majority Are Expected to Drop
Oat Before Time Arrives
for the C'auens.
the war. Now the heirs have brought
action In the district cburt of Linn and
Clinton counties to gain possession of the
valuable property.
(Front n Staff Correspondent.)
DES MOINES. Jan. . (Special. )-
Senator C. C. Dnwcll of Polk county has
Just completed the draft of the ''Insurance
Department" bill he will Introduce in the
coming session of the Iowa legislature.
This provides for the appointment of an
Insurance commissioner for a term of
four years by the governor, the appoint
ment to be confirmed by a two-thirds vote
of the senate. In case of a vacancy when
the legislature Is not In session the gov- ( poultry course will begin tomorrow, start
MAM TAKE AMK9 SHORT COt RSal
Attendance Expected to Henrh Fully
One Thousand.
AM Kg. Ia Jan. 6.-iSpeclal.)-It the pres
ent rate of Enrollment at the short course
here continues the 1909 course will break
the record with an attendance of 1.000 or
more. At 2 o'clock this afternoon 500 men
and women had pshd their entry fee at the
treasurer's office and obtained the red or
yel.ow ribbon which designates them.
Three" hundred and twenty-eight of these
are here for the first time, eighty-five have
already attended one short course here and
sixteen 'arc veterans who never think of
missing tho annual Ames short course.
Thirty-four men are already enrolled In
the dairy tourse, and this Is expected to
be Increased to ion In the course of a day
or two. The domestic science course has its
usual attraction for the women and girls,
twenty-five being enrolled already. The
Foul Breath
Made lur and Swevt By the) I'se of
Stuart's Charcoal lxzn(cs.
Trial Package Bant Pre.
Do not go among your friends with a
breath so odious as to make your presence
distasteful. Foul breath Is capable of easy
removal If you will take a little time to
overcome it. Generally foul breath comes
from one of two causes. Impure gases or
foul digestive fluids.
Charcoal - IS the strongest absorbent of
foul gases known. It positively attracts
poisons and neutralises their evil effects.
A noted French physician swallowed
strychnine enough to kill three men and
with a tesspoonful of charcoal removed tho
bad effects of this terribly swift poison.
A llttie charcoal in i bed room or cellar
will make foul air pure. Pure willow char
coal mixed with honey are the component
parts of Stuart's Charcoal Lozenges and
pure breath la the result of their use after
meals. Simply dissolve 'two or three after
meals snd at bed time end foul breath flees
at once. No matter how you cause these
gases, whether by bad food, alcohol or
abuse , of the stomach. Stuart's Charcoal
Losengea will stop gas making and sweeten
tha breath. ,
They are perfectly harmless and the eat
ing of a box would cause you no Incon
venience whatever.
Charcoal la hard to prepare for the
Iowa Mews Notes.
CRESTON At a recent meeting of the
alumni and students of the State univer
sity living in Adams county a club was
organised to "boost - mat inamuuon.
CRESTON Union post C. Grand Army
of the Renuhlic' of this city, has perma
nently disbanded and the property of that
order has been sold at puDllo auction.
MARSHA UPTOWN Fred Dlrcks of Lit
tie Rock. la., died this morning as the re
sult of being knocked down in a drunken
brawl in a saloon at Little Rock by Alfred
'.art; a laborer, who says Chicago is his
home.
CRESTON Mrs. Lorn Richardson,
county superintendent of Ringgold county,
lias resigned the position to wnicn sue
was re-elected last fall and has accepted
a prlne'palshlp in the schools at Marshall
town. M A RSI I A LI .TOW N C. H. R. Johnson,
a prominent farmer of near Maaon, Poca
hontas county, committed suicide by shoot
ing himself with a shotgun yesterday. Ill
health la supposed to be the cause for
the in t.
LAKE CITY-Dr. T. W. Johnson of
Iake City went to Chicago Christmas eve
on what he said was a pleasure trip. A
day or two ago some of hla Intimate friends
received cards announcing his marriage
to Miss Mildred Thayer.
IXMIAN The different Churches of Iyigan
are now engaged In a week of prayer pre
ceding the revival services to be held at
tho Methodist church. Rev. Oraves of
l.onan will be assisted by Rev. Mr. Adams
of Hamburg In the revival.
CRESTON After seven years of con
tinuous service as countv superintendent
of schools, F. M. Abbott of this city
stepped down and out yesterday and the
newly fleeted superintendent, Mrs. Syl
via Cook, assumed the authority cf that
office.
BOONE-Word was received today telling
of the death of John Parks In Kansas
City. The families had Just concluded eating
a reunion dinner when a neighbor lad
rushed into the dining room. Seeing John
he shot him through the heart, and he died
in twenty minutes.
FORT DODGW The Western Grain
Dealers' association meets in Fort Dodge
in convention Wednesday, January 6, and
J. C. Lincoln, president of the National
Industrial Traffic league and also traffic
commissioner of the Merchants' Exchange
of St. l-ouls. will address the meeting on
"The Proposed Readjustment, of Gnln
Kates From Northern Iowa to St. Louis."
WEBSTER CITY It has Just been
learnod here that t Bryant Huff and Mias
Florence Vorhes, both of this city, where
they aro socially vromlnont, were married
last Thursday afternoon in Rockwell City.
Mr. Huff Is on the road with the Shamrock
Trio, a Blayton attraction, and Miss Yorhes
haa bees, studying mualc at Grlnnell. They
met In Rockwell City by arrangement and
were married.
MA RSHALLTOWN George Green, aged
55, a farmer,near Sibley, la., died yester
day of gunshot wounds Inflicted by his son,
Ernest Green, on December 30. The shooting
was the result of a violent quarrel between
the father and son while the former was
drunk. It is claimed the elder man chased
his ann upstairs with a club and threatened
to kill him. when the boy turned upon
hia father and shot him.
LOGAN Court convened here this morn
ing, Juitice E. B. Woodruff presiding. There
are twenty-one criminal, sixty-one equity,
sixty-five probate and sixty-seven law
casta on the bar docket. The Soldier river
drainage case will come up for hearing thla
term of court. Thla case is by far the nvist
imiMirtant of the session, as the drainage Myittic Rollers
ernor Is empowered to appoint with the
approval of the executive council, until
the next legislature.
By tha terms of this bill the commis
sioner Is to receive a salary of $3,500 an
nually and he will be required to furnish
bond of $100,000. His term. If the bill Is
passed, will begin Msy 1. 1909. The law
also provides for a deputy at $2,000 per
year, who shall give a bond of $:5.ono. It
provides that all bocks and records re
lating to Insurance now kept In the of
fice of the state auditor shall be trans
ferred to this department, which shall
have quarters provided It by the executive
council. It also provides that all the In
surance securities shall be turned over
to the department.
The measure Is promised opposition. A
similar measure was introduced two years
ago and passed the senate, but was killed
In the house. It Is claimed, largely through
the influence of then Auditor B. F.
Carroll and now governor-elect. The bill
Introduced In the house providing for
changing the banking and municipal ac
counting departments from the office of
state auditor to state treasurer and was
Introduced, it was claimed by the Insur
ance department supporters, for the pur
pose of killing the Insurance bill. That
measure was passed by the house, but was
killed by the senate.
A somewhat different phase presents It
self this year. Auditor Bleakley, then a
member of the senate, supported the in
surance department bill heartily and now
that he Is auditor will probably not ap
pear agatnst the measure. Mr. Byrkett,
an appointee In the Insurance department
of the auditor's office, was .then secretary
of the insurance commission of which Mr.
Bleakley was a member, and he, too, fa
vored the department bill.
Senator Dowell says that he expects
there will be a healthful discussion over
the measure, but that he believes this as
sembly will enact It into a law.
Speakership Contest.
Nels J. Lee of Emmet county and George
White of Story county were the first two
candidates for speaker of the house of rep
resentatives to reach Des Moines. Members
are coming into the city and the speaker
ship Is the chief topic of discussion. Rep
resentative Feeley of Blackhawk county Is
expected here tomorrow as are other as
pirants fur the position. Representative
John Sullivan of Des Moines, who was
mentlonod early as a candidate for the
honor, Is not active at present, but may be
relying on the simmering down process.
Older members here predict that before
the caucus Is called the candidates will
members and learn their real strength they
practically all have left the field but one
or two. When candidates get to talk to the
are liable to gracefully withdraw.
The house caucus, it Is now said, will
be held Friday night and the senate caucus
Saturday night. The only heated contest
before the senate members is the selection
of a secretary. In this position S. W. Neal
of Washington is contesting with George
A. Newman of Cedar Falls for the honor.
Plans for Inauguration.
It Is expected that President Pro Tern
Smith of the senate will announce the com
mittee on inaugural from the senate before
the legislature convenes. The appointment
Is looked for about tomorrow or next day.
This Is necessary In order to have time to
perfect the plans. Tho house committee,
of course, cannot be named until the
speaker Is elected. While It has been sug
gested the Inaugural be held In the Audi
torium of the city, this plan Is not likely.
It is considered that the state capltol Is
the proper place to inaugurate the governor
and the probability is the exercises will be
held In the house chamber of the legisla
tive halls. (
lonra Insurance Securities.
In checking out the office of auditor of
state for B. F. Carroll and the Installation
of the newly elected auditor, Mr. Bleakley,
the following insurance securities were dis
closed to be on deposit with the state:
American Life Insurance Co $ 213.191.05
Brotherhood American Yeomen. &4H.2&0.00
Hankers Life Insurance Co 10.858.144.s9
Hankers Accident Insurance Co. 10.0u0.00
Central Life Assurance society.. 982,046.87
Cedar Rapids Life Insurance Co. 2.173.516.04
Equitable 1-ite Ins. i n. or lowa. 6,M4.s,.ii
Fraternal Bankers TU-a. Ass'n... 22,000.00
Guaranty Equation I're. Life Co. 3j.fm0.oo
Iowa Life Insurance Co
lowa Workmen
Limited Term Life Ass'n
Mutual I.ilo Ass'n of lowa
Mutual Aid society
Merchants Life Ass'n
Modern Brotherhood of America
ing off with ono day poultry institute, at
which Prof. Rice of Cornell university will
be the principal speaker. Stock and grain
Judging have already commenced, both in
the elementary and advanced classes. The
evening programs start tonight, with lec
tures by Prof. Curtlss, President Storms
snd Prof. Holden.
Tomorrow night Alvln H. Sanders, editor
of the Breeders' Gazette, will speak before
the meeting of the Iowa Sheep Breeders'
association. The entries for the corn show
are filling rapidly and Indications point to
a greater showing of high class corn than
has ever been gathered together before In
Iowa. The liberal premiums which are be
ing offered are largely responsible for this.
These amount to $12,000 In all, and consist
of machinery, live stock and silos. One of
the most attractive prizes is the new trophy
offered by Mr. John Sundberg, president
of the Corn Growers' association. This will
be given for the best ten ears of corn ex
hibited by a boy or girl between the ages
of 12 and 17. This trophy is in the form
of a golden ear of half husked corn, set
in a beautifully engraved cup. That this
trophy Is doing a great deal to interest the
boys and girls Is shown by the great num
ber of entries being made In these classes.
BIG BATTLESHIP PLANNED
Nary Department Wants to Bnlld
Vessel of 2B.OOO Tons, Carrying
Eight Fonrteen-Inch Gens,
WASHINGTON. Jan. 6.-Plans have been
outlined by the navy bureau of construc
tion for a great battleship of 26.000 tons, de
signed to carry eight 14-lnch guns. This
fact became known tonight through the
making public of testimony given before
the house committee on naval affairs sev
eral weeks ago 'by Rear Admiral Capps,
chief constructor.
No' Indication has been given yet that
such a battleship will be authorized, but
that there Is In the minds of the officials
of the department the possibility of ask
Ing for an appropriation for a ship of
larger type than the Dreadnought type Is
attracting attention among members of
congress. i '
Representative Foss of Illinois, chairman
of the naval affairs committee, endeavored
to learn whether any appropriation would
be required this year for the construction
of a larger ship than has been built here
tofore, should the oonstruction of such a
ship be authorised by congress.
He specified a ship of 25,000 tons and
Admiral Capps office replied that his bu
reau haa outlined plans for such a ship
and would need an appropriation this year
to commence the work of construction.
Admiral Capps "said that If 12-lnch guns
should be adopted for such a ship, twelve
of them coulu be Installed, but this: would
require a displacement of 26.000 tons. The
largest vessels thus far authorised have
only ten 12-lnch guns.
The speed of the new battleship would
be from twenty and a quarter to tweuty
and a half knots under trial conditions,
according to Admiral Capps. There are
four ships in course of construction of the
20,000 tons class, which are the largest ever
authorised for the American navy.
I f J
w
If AB WHAT A rtOMmBNT AT
TORNEY SATS OP M. BOX'S
PmB-TAt-IKnTT.
entlw. Having severed
for soma weeks with a very
saoorlos. keeking emh,
I smeared a sent souls
of year Vr. Bell's Ptae-Tsr
Honey. After a few eoses
I was sineh Mllevea an
the eongh entirely
peered, and aerer seterned,
I having need only the ens
hoMle.
jB&seB.C. PORTnAB,
radaoaa, Ky.
13 m..
sv ar -.-i - j- w -,'
m- 3 m -iv- - 4Lak
trm st rut awat irnnc
we teemv THn-manuLS.
Oollma, Cel. Rep. steaieo,
IVar PWJe-Tsr-toey
HMrsted eie frost certain
rtwlh. Gestleeiea. for als
ssontht I nlMt tram a
eons that sttteked wm mere
stroDsIr m et4 leka. ma
tes me Ml area la.
eoeselte4 all tse dooton ef
tela etty, set imt save si
MnsiMtl relief. A Int
fVlead reeosm ended Mist I
tak Dr. Bell's Plne-Tar-Hoaer.
HsTtnc hoe hi a t.
buttle 1 eorananAed Vfl m
It and noted taeredthle
rslief t v.tli two or three
dnaea 1 coald so te mr
Hum. Bverrbodj whe
ar I owe mr
life to nr. Bell's Ptne-
Tr-Hoar .
Terr rsl years.
rs
r4
Bortqeenttve 7
a
0
Dr. Bell's PlnG-Tar-Hoaoy
Is Pure Pine-Tar and Pure Honey, combined by a scientific process with
various other ingredients. The contents printed on every bottle.
OUR STRONGEST RECOMMENDATION It Hat Been Sold
Ftf Sixteen Years With a Steadily Increasing Sale.
Ask for DR. BELL'S PINE-TAR-HONEY,
And Take No Substitute.
.Look for tho Ben on tho DottJo and.
Our Guararrtto No. 603.
FRHPABKD ONLY BY
THE E. E. SUTHERLAND MEDICINE C0 iseeraerste.. parJueab, Ky.
iMt'eiMim rfSfc,rfi I'kVurV irfMMimtm -0'mrr'iMiv nenni riM,,!
PAUL MORTON ON THE STAND
nrnli-pt cnntemnlatfs the reclamation of
40 or acres of swamp and lands subject
to overflow In the Soldier liver drainage
district.
CRESTON As the result of an attempt
to cut the thront of the Burlington's spe
cial detective. J. W. 8tantrldg at an
early hour this morning. Charles Rowe
was arrested und is beins; held pending; a
hearing- snd Stwnhrldge U In the hospital
with a st-rious wound, though it Is thought
he will recover. Tho trouble starts when
Ruwe accosted Stanbrlilgo on the street
as he was talking with another officer,
and accused Htanluidge of snapping a re
volver in hia fact) reo-mly. Stanbrldge
denied the accusation and Rowe- called
him a liar, whereupon StanbildRe sprang
at him, wiiiiiK him by the throat, when
ltiwe drew hi knife and slashed the
stomach because 1t must b strong and pure
and most people will not take It unless j officer's tlir at.
made palatable. Stuart s Inimitable process CRKSTON Beautiful
presents charcoal to J he taate and system
In sll the nicety desired.
Choice virgin willow, Is burnt Into de
sdrsble charcoal; this Is mixed with pure
honey and the combination la compressed
under tremendous power Into a losenge of
(rest pleasantness and efficiency.
Don't let your bad breath make people
cross the street to avoid you; go t" the
nearest drug store and buy a box of
Stuart's Charcoal Losenges today snd eil
what you will. Two or three after the meal
will aweelen your breath at onre. If you
want proof of thla fact aend us your name
and address snd we will send you a trial
package by mall free. Address F. A. Stuart
Uo-, 3u Stuart Uldg . Marshall. Mich.
snd Impressive
funeral servlses were conducted yesterday
over Nelson Allium ilrav of this cltv by
the Iih-mI Klks st tho request of the Coun
cil blutfs Klks, as a courtesy to their or
der. Mr. limy having been a member at
that olace t'hsnlaln Otlerlieln O. Smith of
the Council Bluffs lodge was present and
M:lted In the funeral observances, and
Interment wa made at thin place. Mr.
Uray came from the same family of which
Cuptaln John Gray of revolutionary fame
and Captain Robert Uray who carried the
first t inted Stales flag around tho world
were meiqbera. lie was a veteran of the
civil war ami for thirty-four years was
employed with the Uurlliiaton railroad in
different capacities. Most of his life III
luwa was spent at Hed Oak. but for the
last six years he has been a resident of
tins city, tine son, who holds an Important
pom ion with the J. Plerpont Morgan In
terests of New York City, and whose home
Is at that place, -ud the wit, survive blm.
Modern National Reserve society
Northwestern Nat'l. Life Ins. Co.
National Life ins. Co., U. 8. A.
National Life Aes'n
Pacific, Mutual
Konian Catholic Mi l. Pro. Sic.
Register Ijfe and An. Ins. Co..
Royal l.'nlon M't'l. Life Ins. Co.
Western Mutual Life Ins. Co....
Western Huh. Catholic union....
Highland Nobles
Western Boh. Fraternul Ass n..
Total $32,881,310.33
Old Expressman Dead.
W. H. Quick, who for fifty-one years was
In the service of Cie I'nlted States Express
company, and retired only last year died
here this morning. He was a pioneer of
Des Moines and lowa.
10S.06I (3
45.lfl0.U0
l'3.a60.00
73. 400.00
107. 28O.O0 I
17t5.OtW.00
34,I99.9
79.06O.0il
S.OuO.OO
3,249.602.14
3,20.400.45
ST. 450. W
107.5)48.74
191.8iv.0u
S.U3B.2iiU.27
4 H0.w
:5. ioo.iio
5.000.'jO
9.6UU.0O
FOREST RESERVES TO STAY
Government Wins Case Aaalnst Cat
tlemen Who Attack Validity
of the Act.
DENVER. Colo.. Jan. .-The United
States government today won Its case In
defense of the constitutionality of forest
reserves, when Judge Lewis, In the Vnite4
States district court, handed down a de
cision In favor of the complainant In the
case of the United States against Fred
Light et al. The case Involved the right
of tho department of forestry to charge
grazing fees and was regarded as of the
utmost Importance In the west.
The case was brought shortly after the
decision of the forestry department to
charge a fee for gracing on forest lands.
Cattlemen of Colorado determined to test
the right of the government to make such
charges. In order to bring a test case
several men of the Cattlemen' associa
tion refused to pay the fee, Fred Light and
aeveral others on Battlement Mesa and
Holy Cross reservations being' chosen to
stand for the cattlemen. The government
brought suit In eqiuty to compel payment.
The constitutionality of ha forest re
serves was the most important question
Involved. The point that there was a con
flict between state snd federal laws was
also brought up. Had the decision been
against the government the whole system
of gracing fees would have been defeated
and cattlomen would have gone on the re
serves without charge. The case, It is
said, will be appealed to the United States
supreme court.
Government Begins Its Inquiry Into
Harriman Railway Merger.
COMPETITION IS ONLY NOMINAL
Southern Pacific Controls Situation,
I.arsrely Because It Had Hate Mak
ing; Privilege Early Situa
tion ia Described. '
NEW YORK, Jan. 6. Delayed for several
weeks by the Illness of Attorney Lovett,
attorney for tho defense, hearing of the
government's suit to dissolve the so-called
Harriman railroad merger begun yester
day in earnest, with Paul Morton, president
of the Equitable Life Assurance society,
as the first witness.
Mr. Morton, who was from 1&96 to 1904
second vice president of tho Atchison, To
peka & ftinta Fc, one of the defendant
companies, with the Union Pacific, South
ern Paciflo and other in the alleged com
bination, was called by the government to
support its contention that the allied roads
had secured a monopoly of the transporta
tion business In the far west In violation
of the Sherman anti-trust, law. Mr. Mor
ton was led by counsel for the government
to describe the situation as regards freight
shipments between the central states and
the central Pacific coast prior to 1901, the
date when the alleged combine was formed,
and after that time. He said that In the
earlier period the Northern Pacific, the
Southern Pacific and the Great Northern
railroads had been in competition for
transcontinental business. The Rock Island
system, before building Into EI Paso, had
connected with the Union Pacific at Omaha
and the Denver & Rio Grande at Pueblo,
he said.
Southern Pacific In Control.
"The situation," said Mr. Morton, "was
apparently controlled by tho Southern Pa
cific, which controlled the rute-making
privilege.
"Is it your opinion," he was asked,
That before the Union Pacifc purchased
a large amount of Southern Paciflo stock
the two roads were In competition?"
"I believe so," was the rvply.
Mr. Morton added that formerly com
petition for San Francisco traffic had
been afforded by the "boat lines to San
Francisco" and the Canadian Pacific.
Prior to 1901 the l.'nlon Pacific snd tha
Southern Pacific had maintained solicit
ing agents in the east, he said.
Cross-examined by Former Judge lovett,
Mr. Morton gave It as his opinion that the
concurrence of the Southern Tacific to
any rate to the coast had always been
essential owing to its "link with the coast."
Former Judge Lovott In his questioning
endeavored to establish that the Sunset
routo and the Southern Pacific, both
owned by one company, had "naturally,"
as he put it. controlled rales before the
Bigger, Better, Busier that's what ad
vertlslng In The Bee does for your bust
nes.
AYtKb I-IAIU VIOOU
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Ingredients:
SlsW.
la
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Sege. Afcwael. Weter. fsttie.
W bclirvt doctors endorse this formula, or would not put It up.
Does not Color the Hair
Five Dead at Fort Dodgf.
FORT DODGE, la.. Jan. 5 (Special.)
Five Fort Dodge people, four aged, one an
infant who barely saw one new y?ar, passed
away on Sunday. Three others sjw another
new year onlv a few hours beforo death
called th m away. Mrs. Hannah Croke,
aged 38, fell dead when told that her baby
nephew, Harold Hopkins, had just passed
away. Mrs. Henry Johnson, aged 73, whj
survived her husband but three weeks;
Mrs. A. K. Hand, agrd aunt of W. S.
Kenyon. general attorney for the Illinois
Central, snd William Lynch, -.. aged 54.
a veteran saloon keeper of the tuy, are
Id the death list.
Old Tases slay Null Title.
IOWA t h'Y. la., Jan. -t Special. .(-Because
Le Grand Bylngton did not ufree
with the policies of the I'nlted Rates gov
ernment st the time of the civil war and
accordingly failed to pay taxes on his prop
erty, several thousand acres of valuable
farm land la Linn and Clinton counties
may nave their title Invalidated. The vast
acreage was sold at tax ssJes shortly after
UNION GUILTY OF CONSPIRACY
Finding- of Referee in rbarara
Broaabt Against Aaaronda Print
ers by Men York Publishers.
HELENA, Mont., Jan. . That both the
Anaconda Typographical union and the
Montana Federation of lJbor were guilty
of violating the anti-trust law In that they
were guilty of combination or conspiracy
In restraint of trade, was the report given
today by Oliver T. Crsr.e, master of
chancery In the circuit court.
The case wss that of a New Tork pub
Hulling company and a number of Montana
labor unions, against whom the former
had asked Injunction. The case has been
in the court slnco last spring snd has been
bitterly contested by both rides, the pub
lishing company having brought wit
nesses from New York.
The master in chancery recommended
that the caae agatnet the otler unions be
dismlksed snd the injunctions against those
liamtd in this action be made permanent.
date of an alleged Illegal agreement. In
reply to one question, Mr, Morton said
that the Canadian Pacific had tried to se
cure differential rates from the Southern
Pacific and the Atchison, but had failed
to do so and had retired accordingly from
the field as an active factor In the com
petition. Competition Only Nominal.
In redirect examination the witness was
asked whether the Sunset route and the
Union Pacific had not competed for busi
ness under the "old regime."
"Yes," replied the witness. "They do now
In New York."
"But their offices have been amalgamated
In Chicago."
"Yes, the competition never amounted to
much there anyhow."
"You've made rates yourself In the old
days without consulting anyone, have you
not?" asked the government counsel.
"Oh, no I haven't. I never published
rates without consulting with other rail
roads in the traffic association. I don't
mean that rates were never made secretly.
All the companies did that."
"There was competition then?"
"It was illegitimate competition."
Preceding Mr. Morton's testimony tho
government read Into the record a mass of
testimony taken at tho Interstate Com
merce commission's hearing in the case of
the Harriman roads. The present action
was begun while the Interstate Commerce
commission was Investigating the history
of the merger and It was upon the evidence
obtained by' the cemmtssion that the com
plaint was based.
Mr. Morton was still on the stand when
adjournment was taken until tomorrow.
MEETING OF INCUBATOR MEN
Firms Represented Manufacture
1. a rare Prrcrntaae of the
Country's Output.
BURIJNGTON. Ia., Jan. 6.-(Speclal Tele
egram.) At a meeting of manufacturers
of incubators representing a wide section
of the United States and representing a
capital of tOOO.OOO, the. organization of a
campaign for the control of the Incubator
business in the country was Inaugurated.
The meeting was a secret one, called by
Nebracka manufacturers. Iowa, Illinois,
Minnesota, Indiana and Pennsylvania were
also represented.
While it was strenuously denied that the
purpose of the meeting was to organize a
fight, the facts leaked out. and accord
ing to them, a well-known manufacturer
In Buffalo. N. Y., who has-been seriously
cutting into the business of the other In
cubator makers. Is to have a strong com
bination pitted against him. It Is stated
the firms represented here turn out nine
tenths of the incubators sold in the United
EHales. whose value Is the snug sum of
$4.(100,000.
The following Incubator manufacturers
from Nebraska and lowa were present at
the meeting: S. G. Thompson, Fair-view,
Neb.; G. D. McCIosky. Paplllion, Neb.; W.
F. Holcomb, Clay Center, Neb.; Otto Barth,
Lincoln. Neb.; P. M, Wlckstrum, Lincoln,
Neb.; Frank Hammond, Fremont, Nob. ;
J. C. Gilchrist, Des Moines, la.; Ralph 11.
Searle. Fremont, Neb.
George H. Lee, president of t lie company
bearing his name, left this niurnitia
to attend the Burlington meeting. Mr. Lee
declared .last evening that tho purpose or
the meeting is to form an association fo.'
discussion of common interests and trail'
benefits. He denied that any trust or i n.ii.
blnatlon of Interests will be formed to fix
prices, saying that such a program hnj
not oeeti contemplated al all.
PANAMA AND COLOMBIA AGREE
All Matters Brtrrren These C'oentrlrs
nd United Mates Are Settled
hy Treaty.
WASHINGTON, Jan. -lt wss learned
here tonight that nrgotlulinns ' h.'ivc Jij"i
been concluded between the governments
of the United States. Colombia and Pan
ama whereby all matters in controversy
between them' are settled. The treaty r,r
treaties hav been signed by SocrelHry of
State Root for the United StHtes, Minister
Cortes for Colombia and Minister Arose
mena for Panama.
By the terms of the t-eaty Colombia
recognises the Independence f Panama
and the two countries resume diplomatic
and commercial relations.
Panama agrees to pay to Colombia $J,.
000 In anual Installments of SJaO.OCO for ten
years as Its share of the Colombian na
tional debt Incurred at the time when
Panama was a part of that republic.
The I'nlted States agrees to furnish to
Panama the money to be paid to Colombia
In accordance with the terms of the exist
ing treaty between tho United States and
Panama, the first payment to bo made
nine years after date of the treaty.
It was slso learned that the treaty per
manently fixes the boundary line between
Colombia and Panama. This Ih directly of
Interest to the United States, as it com
within the Panama canal zone. .
FIRST LOBBYIST TO REGISTER
Representative of Organised Labor
First to Comply with Ken
Law In Missouri.
JEFFERSON CITY. Mo., Jan. . Austin
W. Biggs of St. Louis, representing the
State Federation of Labor, was the fits:
person to register sa a lobbyist with Ill
secretary of state under the new law
requiring such action of such persons ac
tive, in advancing measures before the
legislature. Biggs registered this after
noon and declared that the purpose of
his employment Is "to advance the enact,
ment of such measures as promote the in
terests of labor snd to oppose such meas
ures as may be deemed detrimental to
labor." As the legislature assembles to
morrow and the ltw declares professional
lobbying a felony unless the lobbyist is
registered. It is expected that several others
will fulfill the requirements of the act
soon.
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