THE OMATTA SUNDAY BEE: NOVEMHKR 21, lim A I 'vl RULING ON LIQIOR PROBLEM Supreme Court Hold Used by C . Must be KO TBASTSFER OF BILL OP LAD 1X3 Month Omaha TtiMfm Who Pro feared Against Action of C'onnell on Special Assessments Wis Case. ( ("From Staff Correspondent.) LINCOLN, Nov. JO. (Special. ) Phould a .person mci a bill of lading for a jug of whisky which the owner refused to take mit of the station, then pay all the costs and take the liquor and divide It between three other partlet. each contributing a fourth of the expense money, that person la guilty of violating the liquor law, and the transaction la considered a sale of liquor without a licence. Thus nan the supreme court decided In the cane of Fred Pklles of Holdrege, who ' did that very thing. He wi convicted j In the lower court and the aupremn court yesterday affirmed the Judgment of the lower court Sw Trial for Henderson. 'William Henderson, convicted In Grant . county for criminal assault, will b given another trial. The supreme court reversed the Judgment of the district court, holding the evidence did not justify the action Of the lower court. The complaining wit ness Emma C. Biles. Sooth Omtkani Win. ' 'John L. Cahn and othera who remon strated against the levying of special as sessments upon their real estate In South Omaha for the purpose of defraying three fifths of the expense Incurred in repivlng a part of Twenty-fourth street havo won tht.i." suit. ' The tax was assessed In 1906. The remonstrance was not formally over ruled by the city council, but was Ignored. The district court found that the owners of GO per tent of the foot frontage In the , paving district had remonstrated agt.ntit , the repavement of the street and that the city council waa without Jurisdiction to levy U assessments In suit. This judg ment is affirmed by the .supreme court. Lawsuit Over Hr, In the case of H. r'red Miller against the Kurllngton Hallway company, ap pealed by the railway company from Cus ter county, the supreme court affirms the Judgment of the district court in tavor of Miller for I1,1S.60 damage for ths loss of a stallion shipped oyer the company's lines from Cambria, I., to Broken Bow, Neb. When the horse was shipped the value of the animal was fixed at $100, upon which valuation the freight rate waa - assessed. When the animal died In tran sit as a result of fire ihe owner sued to recover J 2,000 damages. The railroad com pany claimed that the damages could not exceed the vulue upon which freight was ' paid. The supreme court holds that such a limitation la prohibited by the statute of the state in which the shipment origi nated and the constitution of the atata In which delivery was to be made and is therefore void. I'aylUloa Times Wins. In the case of the Papllllon Times Pr nt lng company against Sarpy county, the Judgment of the district court allowing the claim of the newspaper for four publi cations of the scavenger tax list at the legal rates Is affirmed by the supreme court. This is tho case In which Carl Herring, tho . attorney fur Ihu newspaper, got to Lincoln too late t) fiiake argument. The paper , won the case. The following opinions were handed . down by the supreme court:- , Miller against C. 11. & Q. R. Co. Af firmed, rawcett, J. Johnson against Dahle. Affirmed. Rose, J.; Fawcett, J., dissenting; Thlele agulnst Carey. Reversed and re manded. Rose, J. Chan against city of Houth Omaha. Af firmed. Root, J. i . O'Connor against Timmerman. Affirmed. Letton, J. MuKlnnon against Holden. Affirmed, lames, J. rterge against Eager. Affirmed. Let ton, J. Tobier against Union Stock Tarda com pany. Affirmed. Barnes, J. The Summit Lumber company against Th Cornel-Yale company. Affirmed. Faw ett, J. i-apollon Times Printing company against Harpy county. Affirmed. Reese, C. J. Trousll against Bayer. Affirmed. Let ton, J. Bank of -Alma against Hamilton. Af firmed. Root, J. Slate ex rel. Thompson against Majors. remurrer overruled. Writ of quo war ranto allowed. Barnes. J.; Rose, J., con , ourrlng separately. Reese, C. J.; con curring In part and dissenting In part, lean. J., dissenting. - Henderson against state. Reversed and remanded. Root. J.; Letton. J., and Faw cett, J., concurring separately. Following are rulings on motions for rehearing: Gross aealrst .topes. Overruled, j WestlaVr .---' Vitrnhv. Overruled. ILA FOtt U'OHTHMF1 KHOW Scheme Projected by I.arg-e Hall Men of Western Cities. Manager Qlllan of the Omaha Auditorium has returned from St. Joseph where he at tended a. meeting of the managers of the Jarge halls of the middle west. The object of the meeting was to line up some attrac tions that would be suitable for large audi toriums. One of the matters discussed was a sportsmen's show and a united effort will be made to induce the 'true manu facturers of sporting goods to prepare an exhibit which will make the round of the principal river cities. Mr. Olllan has In vited the managers to hold another meet ing In Omaha during the National Corn exposition. Prove It to Yourself If you are not certain whether It Is roffeei that causes headache, restless nights and days of discomfort, atop It 'or ten days, and try well-made POSTU It Is. mad of whole wheat, roasted ty a aklllful process, retaining tb phosphate ot potaah (grown ia the wheal), which la a natural food for impoverished nerves. If you value comfort, health and happlneaa try P on turn made right. There's a Reason' ' F03TUM CEREAL CO.. LTD.. atU Cr.ek. Mfvk. Tirr Proposal to Limit Issues of Securities Association of State Railroad Officials Passes Resolution Asking for New Law. WASHINGTON, Nov. 20. After electing as its officers those who served ddring the last year and after the adoption of the reports of Its several committees the convention of the National Association of Railway commissioners today adjourned to meet next year In Washington. One of the Important mattera considered was a resolution recommending legislation to control and limit the Issue of stocks and bonds of railroads engaged In Interstate commerce. Spirited discussion was brought about by Mr. Prentls of Virginia, who de sired to know whether state or federal control was, contemplated. The resolution, however, left It an open question. Judge Clements, one of the members of the Interstate Commerce commission made a strong plea for government control. He argued that some states grant charters to railroads and allow them to Issue any amount of securities; then when It comes to the valuation of the railroads, such roads Insist that they must pay dividends upon watered stock. The resolution was adopted, as was the report of the legislative committee, which yesterday was discussed at length. HELPLESS BOY SEES SISTER SUFFOCATE Mother Tied Him to Prevent Ills Play. Ingr With Matches and House Takes Fire from Stove. INDIANA HARBOR, Ind., Nov. While tied to a doorknob to prevent him from playing with fire, Johhnie Korans, 5 years old, today was forced to stand helplessly by grid watch his sister Mary, I year old. suffocate In her cradle. The boy waa found unconscious, his body stretched toward the cradle aa far as the rope would permit and the cuts In his vi lint Indicated how he had fought to re lease himself to save his sister. Tho girl was dead In her cradle. The boy was re vived. Mrs. Mary Korans, the mother, had gone to the railroad tracks to pick up coal. The propensity of Johnnie for playing with matches had caused her to tie him to the doorknob by his wrists. Mrs. Korans forgot to close the drafts on the kitchen range and the stove soon, became red hot. The woodwork took fire And the smoke filled the room. CHANCE TO CEMENT FACTIONS Lrsea of Harmony Working; Among Republicans In Sooth Dakotn. MITCH F.LU S. V., Nov. 20.-lSpeclal.)-It Is evident, according to reports from various parts of the state, thut the leavon of harmony between the factions of the republican party Is working to the posHible cementing of the opposltes. J. H. Scrlven, the a)lotlng agent for the government on the Rosebud agency, has been traveling through the eastern and central parts of thw state for the lutt month on business connected with his position and he has embraced the opportunity to talk with politicians in both factions to get at the real situation as close as possible. He has traveled the territory froVi Mitchell to the Black Hills and from Aberdeen to the south state line. "In whatever part of the state I have been," said Mr. Scrlven, "politics In either Side of the party Is not very much dis cussed, and J do not remember of talking the situation over with any one man, but what I had to start the political side of Iht conversation. I have never seen as con tented and happy people as our South Dakotans are now. This being an agri cultural and stock raising state and every thing we have for sale bringing such high, prices conditions could not be otherwise. The people are not talking politics. "The terms 'progressive' or 'stalwart' from any one was hmdly mentioned in my trip. .1 could not find any evidence as a general thing that leads me to believe tht the people are dissatisfied with our dolegx- tlon In congress and especially Is there a fine sentiment prevailing for Govern jt Vessey and the work of the last two legis latures." AST0R YACHT STILL MISSING Anxiety of Friend for Safety of Mil. llonnlro Crnlalnar In West Indies Increasing. NEW TORK, Nov. 20. Every added hour of uncertainty deepens the anxiety felt for Colonel John Jacob Astor. his .son, Vin cent, and Richard Peters, a cousin of Mrs. Astor, all of whom have now been out of touch with the world for a fortnight, when the missing yacht Nourmahal was last spoken. v Shipping masters point out that if the Nourmahal was blown out of Its course by the late West Indian hurricane It might have great difficulty In making port again, as Its cruising radius, like that of all yachts, la comparatively small and would soon be exhausted In fighting head winds. William A. Dobbyn, Colonel Aator's secre tary In thla city, waa still without word from the Nourmahal tonight. Though in clined at first to look at the situation with little concern, Mr. Dobbyn Is now alarmed, aa art other friends of Colonel Astor. The steamship Maracalbo of the Red D line, nearly three days overdue from the West Indies, arrived tonight after - en countering terrlflo weather which necessi tated continual use of oil to keep tho ves sel under control. The Maracalbo brought do tidings of Colonel J. J. Astor's missing yacht Nourmahal. GERMAN BUDGETS ARE BIG KtlMr'i Governtueat Proposes to Ipfs4 Oft Three Handrefl Mil lions Arar aad Navy. BERLIN, Nov. 30. The naval budget I estimates of 443.000.00u marks for 1910, the L largest In the history ut Germany, have been received In silence by the newspapers, a discussion of them at the p recent being regarded as Inopportune. It Is regarded, however, that the details of the new budget will be examined critically when . they are published next week. While there will be no modifications In the large ship building program, the naval tl.h.. hr .v. ...1.1. Viterest speclflo information aa to what part of the 171.000.000 marks for new con struction will be spent on torpedo boats submarines, etc. The total budget proposals of the . gov ernment for the army and navy amount to 1.12S.000d0 marks (about S3H.S0O.O00) as against. 1.077. 80J.0U0 (about S2ti.400.00) last year. Ebraake Throw Three Me a, CHICAGO, Nor. -Zbysako. the Polish wrestler won a handicap match here to ntaht by three men in a tittle more than half an hour. Zbysxko guaranteed to threw me trio in a hour. Tbm Winkle boter was the hardest, but he was thrown in 19 . with a scissors and head luck. John brly was pinned to the mat In 10.34. with a erotch and bar lock, while Leo Dumunt succumbed in 1:20 on a erotch hold.. PUfK 5v All .. W4J?-J0SM II i MSr Mantle Clock SS. - i.' li . -nay iL-i. iilli'J III 1 1 1 iiiui i: . h . . . . . !l w mmM I. mik H Quartered Oak Sideboard Very massive In design, extra well constructed, quarter saw ed oak, elaborate carvings, oval front, massive French beveled !fi,RpB?.ri-orth ' 9A95 price ' mi Mm I VUJ) if LJ I .TV! Ki rr! M These na Burners have return flues and are powerful double heat ers. They are perfect self-feeders; have patent registers, draw center grates and other improved features. They are magnificently trimmed In nickel and are equal to any base burner on sale In Omaha at (30.00 Mil to 135.00. 7ek solid oak, plate mirror, sale price 9. 1414-16-18 Douglas Street No Attempt to Develop Claims Expert Who Inspected Coal Land Fil ings in Alaska Testifies in Hearing;. BKATTL.K, Nov. 20. At a hearing before Special' Commissioner William J. McGee today the government began the Introduc tion of evidence to show that no develop ment work had been done on Cunningham Coal claims In Alaska. These are the claims Involved In tho Glavls-Ballinger controversy. The first witness called after the Intro duction of affidavits, was Andrew L. Ken nedy, a coal expert. He was sent to' Alaska by the government to Investigate work done toward developing the claims. Mr. Kennedy spent two months going over the thirty-three claims to ascertain the amount of work done on them. On several filings, he said, he found evidences of prospect work, but did not find any evidence of development work. There were a few short tunnels and several cuts. All were small and were in bud condition. J. M. Sheridan, attorney for the gov ernment, brought out that several trails had been built not to lead to the works, but to connect between claims. A number of affidavits were Introduced to show that the entrymen did not make their filings for their own exclusive bene fit, but that previously they had entered into an agreement to consolidate them. The affidavit of Clarence Cunningham of Wallace, Idaho, sets forth that he took up claims for himself and thirty-two others. WOOL MEN MEET AT 0GDEN Officers of National Association Com plete Arrangements for Catherine. CHEYENNE. Wyo., Nov. 20. (Special.) Officers of the National Wool Growers' association, with headquarters here, have returned from Ogden, Utah, where ar rangements were completed for the Forty sixth annual convention of the National Wool Growers' association, which will be held In that city on January , 7 and 8, I10. Present Indications point to Its be ing the largest gathering of flockmasteri ever held In this country. Og.len la mak ing preparations for a large crowd. Arrangements are also being completed for the fourth annual midwinter sheep ahow, which will be held in connection with the convention. This has come to be one of the largest exhibitions of sheep held In the west, and this year will be a strong rival with the International show of Chicago for first honors. Prlse-w Inning sheep nre entered from all parts of the United States, Canada and Kngland, the classes being open to the world. Many of the exhibitors will go direct from the Og den show to the annual Western National Live Stock show, which will be held the week following In Denver, Colo. Wet feet may mean a doctor's bill. What's the use of taking chances when our prices on rubber footwear are so reason able. Duucan Shoe Co. ii Main street. l.ilJ.-EiHg!l!i!M';-ll!IWni?:-y-l! TTV TT TXT TT TT O FOR THANKSGIVING Rme Burner Sraclal II I . 1 Pedestal Special 04950 7W China Cabinet I'.cnt end design, haa double strength gluss, adjustable shelves, made of carved top, with French $124i the valne elsewhere. SQCZS PUMPKIN PIE FOR THE GODS Recipe for the II rand of Joy Grandmother I seel to Make. There are those who do not like pump kin pie. The cause may be In their nat ural depravity or In an unfortunate lack of education or In the fact that they never ate a real pumpkin pie. In the younger generation this last pitiful reason is most likely the one really operative. For the pumpkin pie of our feremothers is, alas! a thing seldom tasted In these degenerate days. There are squash pies forsooth, and occasionally, when some restaurateur es says to give proof of his right to call his place a "New Knglaad kitchen," he puta on his bill of fare a something miscalled pumpkin pie. Such concoctions I have sten. Unpleaslng to the eye, utterly neu tral In odor, a thin dribbling of muddy colored mushlness confined in an atoll ol inedible cruHt, once tasted they are for ever after pushed aside with abhorrence. Very different was the pie "grandmother used to make." We never see such pastry nowadays as that which she mlxednnd rolled out from flour and lard, both home produced, and both as pure and sweet as canny care could make and keep them. And, for the "milling," no common, "any-old-thlng-wlll-do" pumpkin was accepted. The pumpkin bin wns looked over and over again till at last the one that exactly met the rvjulrement of her trained tas:e was picked out. It must be a big one; It must have Just the right shade of ripened yellowness; It must be hard to the thumb nail and solid to the pressure of the hands; ' it must be a wlde-i lbbed globe with deep Secretary Ballinger Says All Charges Are False WASHINGTON, charges made In Nov. 20. Replying to a magazine publication Secretary Ballinger of the Interior de partment today took occasion to deny many of the reports which recently have been circulated concerning the conduct of his department and to explain others. "To say that I ever have advised, or dered or lent support to any effort to per petrate a fraud upon the government," he said. "Is not only false, but Is Intention ally so If made' by anyone who has taken the trouble to Inquire into the facts." In explanation of the charges In con nection With the Alaska coal lands he went Into the history of President Roose velt's withdrawal from entry of all the coal lands of Alaska In 1!06, showing that the order was so modified by Secre tary Oarfleld as to validate all applica tions made prior to May 16. 1907. He then called attention to tiie fact that In his annual report of 1907, as commis sioner of the general land office he had recommended action by congress to pre vent and punlah the formation of com binations or trusts by claimants to coal lands and adds: "The anti- trust clause of the Alaska coal act as finally passed May 28, 1(08, was not submitted by Mr. Glfford Plnchot, but " ..i.n..,l.,t....,,i...ll,,l, ... TTh Tt HyIXT iterest is now centered e prepared a number iturc that will make artman store is located in V jjl offerings in Dining Room Furniture, you'll find some really extraordinary values in many other lines Heating Stoves es pecially. Study these reduced-in-price specials. They're ex- lcnil values every one of them. You can t duplicate them anywhere we positively know that they can't even be equaled anywhere in Omaha. And credit is . cheerfully extended with tenns of irryment arranged to suit your convenience. Free Premiums Extension MADE OF SOLID GOLDEN OAK This table is heavy and substantial and fitted with Hart, man') eaay running slides. The design is very pleasing and suf ficiently elaborate to ornament any room. The top Is round and, measures 42 inches in diameter. The table extends to 6 feet. If you compare the table with the best value found elsewhere you'll find it SO per cent cheaper. You positively cannot match furrows running from pole to pole, all the better If these were lightly checked transversely with fine nettings; It must have the rich, nutty smell which prophe sies of golden sweetness within. It was the sort which grandfather looked over with approving eye, as she laid It down on the kltclu-n table, anil which led him to say: "rt'poso ye c'n save them seeds, mother? Guess they'd do to plant next year." Written recipes were not common In those old days. Tho house mother had her own formulas for cooking and baking, most of which she was ready enough to Impart orally to her neighbors, but very few of which were ever committed to paper. Here, however, is one, brought down in family tradition, which haa helped tighten the waist bands of more than one generation: One egg. One oup of sugar (old-fashioned brown sugar preferred.) t One cup of pumpkin (first peeled, cubeX stewed tender and passed through the kitchen colander). One teaspoonful cinnamon. One-half teaspoonful ginger. One-half teaspoonful (alt. Milk to thin as desired. Bake In a moderate oven, and when nearly done, lift to the upper Hhelf to se cure rich, brown shade. If, after a nibble at the pie made from that recipe, you do not like it, there's no more to be said. You were not born right. Your ancestors never fished for porgles "off Plymouth Rock. Country I.lfe. FOR MEDICAL AND FAMILY USE BUY YOUR LIQUORS AT ROSENFELD LIQUOR CO., 619 S. MAIN'. -'PHONES 3323. came as a suggestion to Secretary Gar field from Representative Herbert Par sons of New York In his letter of May 7, 1908, and was favorably considered and Indorsed by the secretary In I.U report to congress." He then staled that no Alas kan coal claims whatever have been Hince patented and rays that the Investigation of such claims with a view of determining their validity or Invalidity haa been vlg orously prosecuted. . Mr. Ballinger denounced as "a plain or dinary falsification" a report that he In interested In 165.000 shares of the Alaska Petroleum and C,oal compaiTy. "The state ment that I or my former firm was at torney for this company or ever advised or counselled It In 1U effort to acquire title to public lands la also without basis In fsct," he added. It was true that In his private practice after he had resigned as commissioner of the land office he had been consulted In the preparation of articles of Incorpora tlon under the law of 1(08, which had been approved by the president and which permitted the entry of a much as 2,(80 acres of coal land, but not rue that either In this or any other connection he pad given any advice looking to a fraudulent set against the government ... m....... I . , ,,t, S SJ. T7TTTTT TT on the dining room of special offerings many people really Omaha. In addition on all Purchases From Now $50.00 Weathered Oak Lamp for Gas or Electricity SillsliclloB Cnar nleed or Monty Irlandcd Extra Largo Base Burner Here's a base burner of extra size the biggest base burner that hns ever sold In Omaha at the price. It is a perfect self-feeder, has ex tra large radiating surface and I a most powerful double heater. It has many improved features, is beautifully ornamented with nickel Table trimmings anu win prove an orna ment to any home. It'B a tre mendous value at the price her quoted Quartered Oak Fancy shaped legs, seat, artistic back, highly polished, Special . ..- HIGH FLIGHTS BY AEROPLANES Latham Makes Record of. 1,405 Feet In Contest for Welller Prise at Bony. BOUY. France, Nov. 20. Competing for the Welller height prize for heavler-than-alr machines, Hubert Latham today In a monoplane ascended a distance of 1.406 feet and M. Paulhan in a biplane 1,181 feet. Both thtese heights are world's records, Paulhan previously held the honor at 967 Cripple Proves Fire at County Hospital Unwilling to leave hla little workshop, burning fiercely in one corner 01 ine room, the place thick with Bmoke andof woouVn Dccka and shavings the heat so intense that others were un- 1 me unknown nialmt.r caught able to enter. Hans Anderson, an aged in- U m(,anH of buckets of water li mato or tne county nospuai, wnere bfen for the last twenty-one years, with a broken neck, stuck bravely to his pom and finally succeeded In extinguishing the flames which threatened the safety of thirty patients and the destruction of at least the southwest portion of the Ins.i tution. As a result of his heroic stand Anderson, who Is upwards of CO years of age, had one of his hands severely burmd. Anderson for nearly a quarter of a cen tury has been occupied almost constantly in the basement In the southwest C01 ner of the county hospital In making toys and little trinkets from wood. His little work shop has been visited during that period by thousands and the old man was well known. Shortly before 2:30 o'clock F.lday afternoon a visitor asked to b- shown Bomu of his handiwork and ho was taken Into the hall by Anderson. The aged toy maker twenly-one years ago had his neck broken and, defying all the laws of medl- ! cal science, continued to live on. Upon Anderson's return to his little Woman s Power Over Woman's most glorious endowment is the power to aweken and hold the pure and honest lovo ol worthy man. When ho loses it and still loves on. no ooe ia the wide world can know the heart ajony he endures. The woman who suffers from weak ness and derangement ol her special womanly or ganism soon loses the power to sway the heart ol . mm tier drnerul health suffers and she lutes her food look, her attractiveness, her end her power and protige at woman. the attistancs of his (ten ol able physicians, has prrneriocj lor and cun thousands of women, lie has cjv:td meats. It is known ss Dr. I'iereo'i I neoifie for the weaknesses sod disorders lates, itreogthent and heals. Medicine dealers sell it. No kanril dc. odvits you to accept a substitute in order to make a little liror profit. IT MAKES VEAt: T70I2EN STRONG. RTfJIC VOMFM T7FT.T.. ,..? ,fl ..... p...... A ii il LgSUlJJLAJUKIIItft TT TP T7 TTT. TTTr DAY ! for feast day is near, in Dining Room thankful that the to these verv snecial Till January 1, 1910 $100.00 26 Pieces Win. A. Rogers Guaranteed Silverware Solid Oak Buffets In golden or early English fin ish, beautiful design, has two compartments, two small draw ers and one larger one. French plate mirror on top. It's worth double the price & ASA $311? Chair box saddle $2?? (9 price- cloiH Hu a a ' I unlet- fhi t.r.d ; ytf.i wag-- y ' uougiao street SfZ feet, the flight having been made at Pan- , downe, England. L Orvllle Wright made an unofficial flight at a height of 1 . 6T. feet at Pothdam In Oc tober and .Count Lambert Is credited with having reached a height of 1,300 feet when' he passed over the Eiffel tower. This lat ter feat also was unofficial. Good solid shoes, a re what you need right now. In men's, women's and chlldren'3, we have the best for the price. Duncan Shoe Co., 23 Main Htreot, Hero of I workshop he found the place . I flames. 'Although crippled, tho pioneer m aged ta linnlA hta u.flv iniKtnirH. uiLve an. a rm and . ,. ..,,.,.. , ,,u ii,n , A pile nua in f re, at (4 "fei U ' 11 (led hlm by perHoiis unable to enter becauBP ot ,he extreme heat tl.e iti toy le room maker finally succeeded in quenching tilt flames. ) In the meantime the hospital floors abov were the scene of excliement. !ln that portion of the building Just above (the An derson workshop were thirty patlenis, eight of them, In one room, belli bed ridden. These patients were curried from the building, tlie remaining twenty-twe being able to take care of themselves. It was feared for a time the flumes would break through the basement c. 11 Ing, In which event the wards would have been In danger of being badly damag.-d. In the room containing the eight patients unable to take cure of themselves the fnoke becume qulie thick and great ex citement prevailed. With the extlngulxri Ing ot the flames the smoke soon clearvd away and the patients returned to thalr beds. . The damage done by the fire Is nominal. Man amisbil.iv J Dr. H. V. Tierce, o IiuKulo, N. I , with msny sil titiva rcu r wiU a succestlul remtdj tor worn - 'svorite I'leicrintiou. It is s peculiar to women. It puriht j n ' r ti