HIK iBEE: OMAHA, MONDAY, NOVEMBER 22, 1909.
Nebraska
LIQLOR IN THE CLUB ROOMS
City Attorney of Lincoln Taking Steps
to Ears' Fending Caiei Tried.
f
crrir
CLUB TO BE ORGANIZED
Proposed Prof It-sharlae; Contract
wjlb Traetlou (omptir Is Bnh
Jeet f Criticism Revival
! Meetings la FroarreM.
'iFrom a Staff Correspondent.)
LINCOLN. Nov. M.-Rpeclal.) If City
AttorViey Flansbeg has his way about I;,
Lincoln la going to be dry for every 6ne
If It 'Is dry for any? one. When the town
went dry thsj.Elkn; the Eaglea ana one
or iwo other organisation promptly
secured an Injunction restraining the police
from ' raiding the lodge rooms and they
begad or rather continued to aerve drinks
to their members. That Injunction hat
been Jianglng ova the head of the police
since 'last May or thereabouts and so far
at arty on knows 'nothing -has been done
to make It perpetual or to try out the
rase,
The; city attorney has be?n trying; to
force 'a hearing and get a Judgment of
the sapreme cout .on the matter for soniu
time and he has now expressed the opin
ion that the Injunction amounts to nothing
as he doubts the right of the court to
set aside errmlnal statute.
llowivcr; lie Informed the district court
last aWiuVd&y that while he would not
recommend that ,tue ' 'police violate the
Injunction, lmt h d'J Insist upon a hear
Ing of the . It it can be brought about
In no'iither fcav, Jhtm he will cause the
arrest1, or tome driver of a beer wagon
en roiile i to 'one of th clubs and get the
case tried out In that way.
With" aeviral' clubs and a lot of bcot
leggert serving ' drinks all the lima the
city attorney has come to the conclusion
that Llnuoln 1acks.fi good deal of being
a dry town and If the clubs have a right
to serve drlnka he wants that right O. K.'d
by the supreme court aa quickly as possi
ble. ........ . -
City Clob Organised.
More burdens have been taken off of
the rank and file of the common run o?
people of Lincoln. A city club has been
formed by some of the "leading" citizens,
the objeot of which Is to give dinners at
the Lincoln and pass upon questions af
fecting the city. Whether the club expects
the ordinary citizen to take Its judgment
on publlo questions Is. not set 'out In Itj
constitution. With Hb new City club
and Its new . Initiative and referendum
olub, both of which seem to have originated
frcm the same source. It Is very appaient
that two or three "prominent", cltlsena are
going to b kept busy this winter.
Opposition ' to '1'ractloa 11.
The proposed profit-sharing agreement
between the olty of Lincoln and the Lin
coln Traction company apparently has been
knocked Into a cocked hat. At a mass
meeting held during the week there was
ao much opposition developed against the
plan that its . promoters have about con
cluded that the people here are not yet
ready to ge Into partnership with a street
car company.
A large number of cltlsena are extremely
weary of the dillydallying tactics of the
council and the officials of the traction
company and their talk of agreements.
The council has authority under the law,
- ao former City Attorney Stewart and County
Attorney Tyrrell bot,li say, to regulate and
aupervise the Traction company, and also
to levy an occupation tax to suit Its own
Judgment, so there la little reason or ex
cuse for the city to 'consider even for a
momont the profit-sharing plan proposed.
Wedding Feast tu the Desert. '
Marked copies of Tliaysr county papers
have bsen received by- Governor tiiialien
berger telling of the marriage of a son of
KipiHtntaV!vc Urueber and a Miss Peters.
The account of the wedding shows that tor
. the occasion two "fatted'' calves were
killed. 100 chickens were served to the
guests with" "200 'loaves of bread and trim
mings, lnoludlug .iwnnly , kog ot the beat
Gorman brew. And all of this on the place
thy children were taught Is the Great
America a desert.
Revival Meetings.
Lincoln la having Its .Share of -revival
meetings at thla time. At the First Chris
tian ohurch a well known and better ad
vertised evangelist la holding forth, while
an el c trio sign clear over the top of the
church announces his name. At Grace
Methodist- Episcopal church a meeting Just
closed and the evangelist there denounced
the way the modern evangelist advertised
himself with a brass band, meaning, It
was supposed, his rival at the Christian
church. Today , came another preacher to
the Unitarians -church and preached his
first aertoon on the divinity of Christ. All
the meetrpgs have been extensively adver
tised and. the street cara have carried pla
earda announcing at least the one at the
Flrat Christian church.
Supreme' Coort Call.
Following Is a list of cases which will
be called for hearing at the session of the
supremo court commencing Monday, De
cember: MoCertifrv alnet 'llav. Lancaster: fttute
' ex rel LVe nualnst Ccsgrave, on motion
for reheaMnit. Lancasttr; Rock Island rail
road against 'Kitirsfka Railway oornmls
slcn, Lancaster.
Fir hraclng Tuesday, t5ecmber T:
Clow alnt Smith. Tfrankli": Gardiner
aftatnst City ct Omaha. DougUs) Rsnak
agalrst lto!i Vltrllng Iron Works.
Duuglss; -Htll -e.galnet Baker Furniture
company. louli: Carlon against Olty
Pavings bank,' Douglas. .
For Bearing WvdneaiWy. December :
Plrkel alnt Norton, on motion far re
hearing. RutUri ..Parry against Rerun,
Dawson; Inham aaainat Bovlby. Sallnv,
Dsn- A Spencer esalnst Ksnsss City llav
oiicany, Dawson; Ayrra against West,
Butler.
For besr'ng Thursday, December :
KiWerftlne firb-"t Central Irrigation dis
trict Kcott's rUuf: M'ook Water Works
company arelr.st City frf McOook. Red Wil
low) Ohio Natloral blink asralnst Gill Bros.,
Hn't; W"- asa'pst Cwmtv of Holt. Holt,
Purnett aga'rst .ta', Phelps.
Vor hearing Friday, Decumber 10:
National FiJoll'.y ind Casualty company
SKSinet County of JtitinSon, Johnson: He
CiiMum against Central Granaries com pun 5",
Harlan; liedderdorf against Stale, Harlan.
' Proposed Call.
The following Is a proposed alignment
of rases for hearing at the session com
mencing Monday, December DO: "
RrtgKM kralnst Roysj Highlanders, on mo
tion fof Khrarlig, Darning; Trlska against
Miller. Saline; Rsthjea aealnst liurlington
railroad. Douglas: Crabtree. administrator,
agaT.st Missouri Pacific railroad. Wuglas,
Yalletiburg against Missouri l'aciflo rail
road. Douglas; Wle against City of South
Gnieha. Douses; Anderson aealnst Cert
en. t'ocur: Hurtion against Rarth. Deu-1,
Hub-r Manutaclurlug company acalnst
f ivers, ljinca.ur; Yearalty against lilake,
administrator. rTvrtter; Furse against
I-smbert, Harlan: Nelson, administrator,
arainat Wickham. ' H; Glllam asalnat
War.o. If; Peterson asainst Fisher,
fcaipy; !Iech against Bnyder, Shermsn.
Field against City of Lincoln. Lancaster;
'frtmble A iilackinan against It. V. Corey
ft Pon. Clay; Myers against Moore, Harlan;
fctoddard against Baker, lisrlan; Rock Is
land railroad against City of Lincoln. Un.
rssteri Leumsnn against Ancient Order of
I'ntted Workmen,' Lancaster; Bergs against
Rager, . . Lancaster; Ulackburn aeainst
Uoorea, Douglas; Haynea aaainst Mate,
Antelope; Blue against State. Kearney;
Masourldea against ctate, Douglaa.
New Telephone Kranehlso.
BROKEN ROW. Neb.. Nov. n-(8pjclal.J
Taj olty council has pasted the ntw
Nebraska
telephone ordinance, a twenty-year fran
chlae being adopted. This ordinance re
peals that passed In 1MB and eliminates
nearly all of the former one. The rates
to be charged are the main features of
the new franchise, tl per month for resi
dence' phones and II. M for business 'phones
Is maintained on grounded lines. Rut a
provision la mad for 11 W for residence
and ti for business 'phones on the metallic
lines. It la possible that the ground cir
cuit throughout the entire city will be
replaced by the metallic system In the
near future; the Installing of an electrlo
light plant, it la aald, will ' make this
nctssary.
Street Plant with Thief.
BROKEN BOW, Neb., Nov. a.-(Spe:la1.)
-Night Marshal Draper 'had a lively ex
perience Saturday night with a suspected
thief, which resulted in several aho a being
fired and a possible wound for the 'Vet
away." The stranger waa seen by the mar
shal In a pool hall and apparently became
nervous under the close scrutiny of the
officer and made for the door. Draper
folloned, bat en reaching the outalde, dis
covered the man to be sprinting full apeed
bp the street. At flrat ho paid no at
tention to the marshal's command to halt
At the second command, the stranger half
turned and drawing an ugly looking gun
sent a bullet whining close to the officer's
head. He then cut across lota In the dl
rection of the Burlington yards. Draper
got one shot at him aa he took to the
lots and another aa he passed a street
light. It Is probable that the fellow waa
hit, but he did not slacken speed and
soon disappeared In the shadow of the
yardM. Later on, Sheriff Kennedy, Chief
Towslcy and the night marsral found th
man's outfit, consisting of an overcoat
stolen at Ravenna and a fine saddle,
at a ho:el on the north side, whero he
had reglatered under the single name of
James. As a fast train waa Just pulllnj
out for the east, when the fugitive reached
the yards, it is presumed he caught that
and doubled on hla tracka aa far aa Grand
Island.
Nebruaka News nfi.
COLt'M Bl'S The Jury for the Novem
ber term of district court was discharged
Friday and the equity cases will bo tried
next week. Two of the men who w. re
Irled at this term were sentenced, they being
Bill Tyler and Ed Flynn, the forrmr hav
ing pleaded guilty to assault with intent
o kill, and the latter having been found
guilty of assault with Intent to do great
bodily harm. Tyler was sentenced to five
years and Flynn two and one-half years
in tno penitentiary.
YEAR'S WORK ON
PANAMA CANAL
(Continued from Flrat Page.)
the provisions of the eight-hour Uiw were
made applicable to the Isthmus.
"The unit prices were therefore materially
Increased. Various changes had also be on
made In the adopted plan, Inoreaxlng '.he
quantity of work to be done. In addition,
more detailed aurveya and plana than were
originally available had been made, and
the work had progreased sufficiently to
give reliable data relative to ' unit costs.
This enabled a revised estimate to be pre
pared and submitted at 4 hearing before
the committee on appropriation of the
house of reprtaentatlvea in February, 1W
"This eatlmate ahowa that nearly 60 per
cent more work la necessary in order to
complete the canal than waa contemplated
by the original estimate and that the unit
prices, due to labor conditions, coat ot
materials and gratultlea given . the., em
ployee, have been Increased about 26 , per
cent. The ratlmate, as prepared, ahowa that
inn toiai cost or engineering and construe
tlon alone auma up to $197,796,000, to, rwhloa.
if the purchase price and the eMlmatwl
cost of sanitation and civil governmentbe
added, there results the sum of fJ7B,S01,000
as the total cost of the canal." .
MRS. FLORENCE HANIKA'S
N GREETING TO RELATIVES
Pender Worn a n Takes Hon Pen In
. Hand to Express Her I'umtstak
nble Sentiments.
Meddlesome "slatlona" were to blame.
It seems, when Mrs. Florence C. Hanlka
of Pender waa recently reported to the
police of Omaha aa missing. In one of
her home papers Mrs. Hantka delivers a
firm little curtain talk to these relatives.
Tho Pender paper aaya: .
"Mra. Florence C. Hanlka waa cauaed
a very annoying experience last Friday
in Omaha. She and her little daughter
had Just arrived from Rock county, wh:re
Mra. Hanlka had been viewing aom land
ahe la thinking -of buying when upon look
ing .over an Omaha newspaper she saw
an Item about how Mrs. Hanlka weighing
165 pounds (should have been 24C) who waa
'lost, strayed or stolen' and had disap
peared from her babies near Pender. One
can appreciate her feelings. The article
also stated that the poll were on tlia
lookout for her. She promptly 'phoned
them- that ahe waa safe and able to take
Cara of herself. She says:
- " 'I was only gone ten days and l ad
told not only my banker at ePnder, but
Mr. Herman Freese and others that I
was going away , and for what I was
going. I didn't get out hand bills or
publish It in the papera as I didn't think
it any one'a business, but It seems that
some of my relativea are never satisfied
except when causing me trouble. Just
what they flgurj on doing. I can't aay
tnlesa it Is to get me placed whero they
can get their hands on my property. Up-to-date,
I have done very well looking after
my own affairs. I have three cars of fat
cattle and two cara of hoga to market
and a crop yet unharveated that will re
quire four good .lively corn huskera to
keep a rustling to pick. It seams strange
that a woman capable of managing theoe
mattera should not be able to go away
for ten daya on business, without being
"baa led out" through the dally papers.
I intend to have a sale, rent my big farm,
and buy up westsrn land where I will
engage exclusively In the stock business.
I wish you would Just tell the people that.
Some perple have looked so hard after
m. that they have been compelled to
have an oculist fix their eyes.'
'Mrs. Hanlka Is a bright business
woman who has been very successful In
managing her own affairs..' She has b en
a resident of thla section for twenty-five
years, and she has the confidence of the
business people of Pneedr."
It you t'.ave anything to, aril or trade
and want quick action. advruae It In The
Bee Yt art Ad ouiumna
KOTIBEITI OT OC11I
Fort. Arrived
Nlw TO SIC Misnetonka
NKW YOHK rkildlpkis.....
KIW TOItK 9rsnui
NKW TOR
MW TOSK
KKW TOR
haw tokk
NEW YOHK
LIVERPOOL. Vlelartss
LIVKHFOuL tVcdanls ...
KSP1.KS Carauuils
niRixTiANaaNa
ANTwaar
I THjl MPTON.,
EM K.N
UBAIl.t .. .-
HAVKC
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lit.ASatltW x
arrBAMsxxrs.
gAllad.
. git. Leata
K A- ViMsrta.
..(III..
. lllinHHlll
..rrlnM trees,
..ferns'.
. rilllamu.
,.giats.
..SlUMlil.
'.'.Hellli'ois.
...HreMlAss.
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Rtin
JM1US. '
..La Towraise.
ALL CORMICSRERS SOUND
Not One Kan of the Team Waa Hurt
in Denrer Game.
GAME WAS A TRYING ONE
XehraoVana Stood Test Better Than
Opponents and Will Practice
Hnrd for Thanksgiving
Day Contest.
LINCOLN, Nov. 21. (8pecIal.-The Ne
braska foot ball team returned from
Denver this afternoon, with every player
who took part in the game against the
Minister yesterday In fine physical condl-
ton. Not ono of the men received an In-
Jury that will keep him out ot practloe for
the Haskell game.
In aome respects the Denver contest was
a hard battle, but the Cornhuskers went
through It better than In any of the
previous Contests. The altitude had no ef
fect on the players, and "King" Cola did
not have to make a substitution during the
two thirty mlnutehalvea. Koehler of the
Denver eleven, however, had to put two
fresh men In hia lineup during the aeoond
half.
The Cornhuskera stood the grueling
Plai
i the
better than their opponer.ta, and when
game ended they were playing Just as good
baal as they did In the flrat halt. They
could have played winning ball for an
additional thirty mlnutea.
Before the playera left the train aa It
pulled Into Llnooln "King" Cole ordered
all of them to report for proctlae at I
o'clock Monday afternoon, when prepara
tiona for the Haskell game will be started.
The Cornauskers are determined to win
from the Indiana, and they are ready to
work overtime In order to get into shape.
Surprises Reaerred for Indians.
Coach Cole has In reserve several playa
for the Thanksgiving day game, and they
will be drilled Into the men during the
next three daya. At Denver the Corn
huskera did not expose all their pays,
One of these, which Is certain to gain
ground and which Cole had expected he
would have to show up, was not demanded
and will be used for the first time this
fall on Thursday.
"King" Cole la not entirely satisfied with
the play of the Cornhuskera In the Den
ver game, and he Intends to make his
pupils remedy three grave defects in their
work.
The fumbling by the Nebraska players
was about the worst that any Cornhusker
eleven has been gul'ty of in several years.
It cost the team at least three touchdowns.
Once Captain Bcltzer muffed the oval at
the Denver one-yard line on first down,
when he waa being shoved across the goal
for a touchdown. Left End Johnson, after
carrying the ball to the one-yard line on
a forward pass from Captain Beltxer,
fumbled it there, giving the Denver eleven
a chance to kirk out.
In the second half the ball waa fumb'ed
twice on the Denver forty-yard line after
the Cornhuskers had carried It from the
Nebraska twenty-lard line on straight line
smashes and end runs.
Outside the fumbling the Cornhuskers
had the Denver eleven outclassed and
should have defeated them by a acore of
20. to 6. This waa the opinion of the of
ficials who had charge of the game and
of the Denver foot ball experts.
Nebraska's superior exrcutlon of on
alde kicka and forward passes, plays in
which Denver wraa suppoaed to be adept,
bewildered the Ministers. The Cornhuskers
failed only once-on an on-slde kick, and
were successful with all their forward
passes. , Denver, however, did not get off
a single successful pass or short kick, al
though everal were attempted.
. Manor Wlna High Prntac.
v Magor of Nebraska, by hla individual
playing and line plunging, won praise from
the Nebraska coach and playera. Hla work
waa of a high -order, and he established
himself as 'one of the best halfbacks the
Cornhuskera have had In several years.
He carried the ball many times and never
failed to gain. His charges at the Den
ver line were terrific. His work yester
day showed that he has many possibilities
for next fall.
Since the defeat of Denver Nebraska's
stock has gone up several points, and the
Indications are that Cole'a men will, be
the favorltea in the betting against the
Haskell Indiana. At Denver the home
eleven was picked to win and odds were
given against the Cornhuskers.
The game yesterday waa witnessed by
several hundred Nebraska alumni, who
were gathered on the south side of the
field, where they rooted for the Corn
huskera. Crest on Tesm Wins.
CRESTON, la.. Nov. 21 (Special.)
Red Oak . High school pluyed a return
game with the Creston High school yes
terday on the local field and met with de
feat by the score of 17 to 0. The Creston
team defeated the Red Oak boys earlier
in the season on their . own field also.
This places Creston In the lead for the
championship of southwest Iowa high
schoo s up to date. It la hoped a game
with Shenandoah may be arranged for
Thanksgiving here. The Creston team had
Wde all plans to go to Charlton for that
date, but learned that Charlton was not
In the high school league, so the game
was canceled, as the local boys are out
for honors, ai d will only play with teams
where the score will benefit them.
Irish Champions to Wrestle.
NEW YORK. Nov. 21-Con O'Kelly and
Pat Connolly, both of whom claim tho
championship of Ireland, win meet here to
morrow night In a finish match, catch-as-catch-can.
best two out of three falls. The
winner. It is likely, will meet Frank tlotch,
the world's champion. In the near future.
PROMOTER PATTERSON CONE
(Continued from First Page.)
have a position given him by the associa
tion, but was always put off by Patterson.
Lehr'a application was dated November t.
Tha association had elaborate by-laws
printed, together with considerable ata
tlinery, membership arvlicttious and mem
bership cards, while the furnltur In I'av
tcrson's private office was new and of the
latest type.
Whit action will be taken by the credit
ors of ihe concern has been undetermined,
but the Guarantee Clothing company will
take action towards securing the cost ot
thi overcoat said lu have been secured by
Patterson.
Foley's Klaney Remedy will cure uny case
ot kidney or bladder .rouble that is not be.
yor.d ihe reach of medicine. Cures back
ache and Irregularities that If neglected
might result In lirlght's dltaaii or diabetes,
bold by all druggists.
Drainage UTrrahawoda Irrigation.
PIERRE, S. D.. Nov. 2i. tSpt-ial. The
people of the southeastern part o( the state
are cvrtalnly playing .the drainage game
"for keeps" at the present. The lant sum
mer the drainage propositions in that part
of the atate have given the atate englneer'a
department far more work than has the Ir
rigation work In the western part of the
stats, and now nearly every day brings a
nsw proposition In the drainage line to be
considered by that department.. Yesterday
eight different petitions for drainage proj
ects In Clay county alone were filed In
the department, and practically every
county In the southeastern portion of the
atate la at present Interested In some of
the drainage projecta, either under way 3t
being petitioned for.
Bureau of Soils
Finishes Work on
South Dakota
Report on Data Collected is Now Be-
rreparedWWill Survey West
ern Nebraska Next Year.
(From a BtaTf Correspondent)
WASHINGTON, Nov. tL (Special Tele
gram.) An Important work of the govern
ment bureau of soils In inrestlgationa ot
soil conditions of western South Dakota
has Just been completed and a report Is
now In preparation' by M. N. Coffeey, In
charge of the work. The work Is known
aa the continuation of the reoonnotssance
survey of the unml-arld belt authorised In
1908 by Secretary Wilson. During the
summer of 1908 the western part of North
Dakota was surveyed and In the winter
of 190f-09 the southern part and part ot
the Panhandle district of Texas were aur
veytd, the party going from North Dakota
to winter quarters In Texaa. At the be
ginning of summer the party waa moved
from the Panhandle district to South Da
kota, covering nil told In the neighborhood
of 14,000 square miles.
Ihe great plains reennnotssance party Is
now assembling at Victoria, Tex., for a
continuation of the work during the wlntoi
months along, the gulf coast Immediately
north of Corpus Chrlstl. The work th the
Panhandle .section of Texas will be com
pleted during the early spring, of 1910. On
completion of thi work the parties will
proceed tq weatern Nebraska and Kanaaa,
which will be covered by aurveya during
tho summer of 1910 as western North Da
kota and western 'South Dakota have al
ready ben covered.
Within the. next eighteen months then
will thus be completed rapid reconnols
es nee of all the sella and agricultural con
ditions In the eastern portion of the great
plains region, extending- from the Canndlan
line southward far Into Trxaa, together
with a considerable amount of very Im
portant work In the plains section of south
western and western Texas.
GOOD SAMARITAN IS STUNG
Cnarntefnl Dnniet II. Foster Takes
to Jail by Police an He Is
Boarding Train.
Daniel H. Foster, whose residence Is in
Pl'tsburg, but who has been In Omaha for
the Inst week or so, bit the hand of th
man who fed him. literally fepeaklng.
Thomas Cook, who Uvea here, rooming at
tho Peoples lodging house at 112 North Thir
teenth street, found Foster distressed Sat
urday night, without a plac to sleep, al
though It was . later discovered he had
money In his pockets, and took him to his
room. Early Sur day morning Foster, It la
alleged, stole from the room, at the same
time stealing Cook's best suit. He headed
for the Union station, where he was about
to take a train east when the officers ar
rived, having been summoned hv C!oak.
Foster Is now In 'jail with a larceny charge
pending against nlm.
DEATH RECORD. ;
Henry C. Hinckley.
HURON, 8.' b., NoV. 21. (Special Tele
gram.) Attorney 1 'Henry C. Hlnkley died
suddenly at home here this morning, aged
about SO years. He. was one of tho most
prominent members of the Plate Bar as
sociation and retflrJorT In Huron'for twenty
five years. He represented this district
In the state seriate and held various po
sition atntraat. He waa a well known
Mason and the funeral will be under th
directlpg .of that' fraternity. His death
resulted from heart failure.
jr t hnnneey Stewart.
ST. --JPAlLv Neb., Nov. 21. (Special.)
Chauncoy,: Stewart died last Tuesday at
his faqi .home five miles aouthweat of
here, M th ripe old age of 92 years, and
was burled yesterday afternoon. Mr.
Stewart settled In Howard county in 180.
and remained on his homestead until the
day of his death. He waa born In Herki
mer count, New York. He leavea ten chil
dren. A year ago hla w Ife died, also at a
very' advanced age.
James Elliott Defebanah.
CHICAOO, Nov. 21. Jamea Elliott Dfe
baugh, editor and proprietor of The Amer
ican Lumberman, died here today. Mr.
Defebaugh was one of the leaders of lum
bermen In their fight for a higher duty
on lumber during the recent tariff re
vision by congress. He waa 56 years old.
Iowa Noma Notes.
MARSHA LLTOWN The 1 months' old
unnamed babo daughter of Mr. and Mrs.
tins F. Weber was fatally acaldrd thU
morning when It .overturned a boiler full
of hot water with which Its mother was
doing the family washing.
LOGAN Though ' 1,099 hunters' licenses
have been Issued by the auditor of Har
rison county, yet a large deer with antlers
was sen at large on the Weatcot farm one
mile east of woodbine a few days ago.
Deer have been reported In different groves
in Shelby county this fall, but the deer on
the Westcot farm Is the first of the season
In Harrison county. .
LKNOX Irrespective of denomination, a
large crowd of Lenox people gathered at
the home of Father Glen, who has been
the pastor of the local Catholic church
for the last four years, and presented him
with a purse of over $1M on the eve of
his dt-parture for the new field of work
at Merhanlcsville, to which he has been
recently assigned. He succeeds Rev. Father
Glllefluie at that place. Father OU'espie
belnir transferred to the work at Keokuk.
DUNKARTO.N According to the will of
Joseph Kasha, a rich veteran of the civil
war. who owned much farm land near
Matte, S. D.. which was filed In Waterloo
yesterday, the entire estate is to go t
the charitable Institutions of Iowa. The
property, in addition to the South Dakota
reiil estate, consists of residence property
here and In Waterloo. It has an estimated
total value of $;4.00(). D. R. Weaver, a
comrade of Rash's in the civil war, Is
named administrator to distribute the prop
erty. STORM LAKE Miss Emily Hampton, a
well known young woman of this city, wa
given a verdict of J3.7W in a breach of
promise suit brought against Oeorg Slade.
u wealthy old bachelor, by the Jury which
returned lato last night. The verdict re
turned was MXI more than the younv
woman sought In her suit. This was the
second trial of the case, the first hearinf
having resulted In a disagreement of th"
Jury. Oen of the peculiar frsture.i of It
wan that Miss Hsmpton was gowned and
readv for the wedding, but Slade did not
appear.
CKlWrON When the patrons and friends
of Rural Carrier Frank Poylen, wiio car
ilej the mail on route No. 1. nut of VII
llsca. heard of his recent marriage to Miss
Klleu Mi'Quli of Chicago, they planned
to give him a surprise on his return to
delivering mall. Consequently the first
trip out after hi return with his bride he
was loadod duun with presents of every
description. He could not haul them all
home the first day. but was obliged to
make the second trip for them. Atipeii,
t.otato?s, chickens, canned fiult. dishes
and grain were some of the gifts beet o wad
upon him by his admiring friends.
MOt'NT PLEASANT Rev. Benjamin
Siaunton. rftr of the Congregational
church at Mount Pleasant, has Just been
granted a certificate by the Iowa supreme
court, permitting him to practice law In
all the courts of the state. Rev. M.-.
Staunton is already a member of th fed
eral bar and qualified to practice in any
of tha federal courts of the state and his
certifl ata now permits him to practice In
the district courts as well. As there Is
prospect t.f connlderab e litigation ahead
of the Congregational church at that place
this ar'fon gives Rev. Mr. titaunton
good oi.pt rtunlty to look well after tho
church's Interests and will minimise th
amount of lawyer's feea.
If you have, anything to sell or trad
and want quirk action advertlaa It In
Th Be Want Ad columns '
FA MED SCIENTISTS MEET HERE
Men Coming' Who Hare Inreitifatcd
"Heredity," Keweit of Braacflei.
FEOMISE BILLIONS TO WORLD
Greater Resnlta to Mankind from In.
realisations of American Breed
ers' Asaoelatlon Thnn from
niseoverles In Electricity.
Omaha will be called upon to be the
host to aom of the best known men In
the world, when the American Breedera'
association cornea her December I Jto re
main four daya. It Is estimated that 1.000
men will be here who have given the
world more knowledge ot heredity than
all th libraries contained before this cen
tury, these. Including scientists from this
country, Canada and Hawaii will be her.
A dosen years ago even the universities
did not teach much on the subject of
heredity because not enough wae known
about It to Justify instruction.
Divided Into more than a score of com
mittees, the leaders of th American
Breeder' association have been making a
sweeping Investigation of the laws of nature
as applied to heredity. While one com
mittee Is investigating fish breeding, an
other experiments with roses; still another
committee of scientists seeks Information
on breeding fur-bearing animals that they
might be Improved, while David Starr Jor
dan heads a committee on "eugenics," and
will investigate and report on heredity In
the human race.
Two Billions Added to Forms.
At thev meeting to be held. In Omaha next
month these committees will report. They
will show how heredity, like electricity. Is
coming rapidly into man's hand to In
crease production. They say It la an
energy, which when harnessed will give
the United States 13,000,000,000 of new
wealth each year on the farms of the
country alone. Electrical energy haa given
the world billions heredity la a force
capable of giving th world more wealth
than electricity, saya the committees ot
this association.
Secretary ot Agriculture James Wilson,
heads this organisation, while Willct M.
Hays, th assistant secretary, la one ot the
organlsera and Ha executive secretary.
William Georae of Aurora. 111., gives It his
influence and financial support; Luther
Burbank contributes to th reports, while
James J. Hill, builder of the northwest. Is
on of the apeakera at the coming meeting.
Tbea are some of the commltteea which
will report and the men who will be , In
attendance to give the report to the as
aoelatlon: "The Breeding of Corn," Dr. L. 8.
Kllnck, Quebec, Canada.
"Hereford-Shorthorn Crosses," P. E.
Fogie. Jefferson, N. C.
"Blbllogiaphy of Animal Hy bride," Dean
F. B. Mumford, Columbia, Mo.
"Cow Teatlng Associations," Collin C.
Llllle, Copersville, Mich.
"Breeding Milking Shorthorns," Dr. An
drew Boss, St. Paul, Minn.
"Facts About Breeding for the 200-Egg
Hen," Dr. Raymond Pearl, Orono, Me.
"Typea to be followed In Bleeding for
Meat Production," Prof. W. R. Graham,
Guelph, Canada.
"Some Princlplea In Heredity," Prof. W.
J. Spllman, Washington, D. C.
"Problems In Plant Improvement," Dean
H. i. Webber, Ithaca, N. T.
"Influence of Nutrition on Animal Type,"
Dr. H. J. Waters, Manhattan, Kan.
"Breeding of Barley," Prof. J. H. Shep
herd, Fargo, N. D.
"Plan for Breeding and Use of Tre
Crops," Prof. J. Russell Smith, Philadel
phia, Pa.
"Grape Breeding,". Dr. T. V. Munson,
Denlaon, Tex.
"Hybridisation Methoda In Corn Breed
ing," Dr. George H, Shull, Santa Rosa,
Cal.
"Breeding of Cotton," Dr. D. N. Shoe
maker, Washington, D. C.
"Methoda of Tree Seed Selection," Ra
phael Zon, Washington, D. C.
Meeting; Open to Pnblle.
meetings of the association are to be
span
to th publlo, and on of the objects
of holding th meeting In Omaha at th
time Is to spread th Information to as
many- farmers aa possible. For this rea
son the meetings will be held In the Au
ditorium of the National Corn exposition,
which will run from Deoerr.eer ( to IS and
attract more than 150,000 farmers to the
city, as It brought 106,000 laat year.
At thla exposition the members of the
American Breeder' association will show
exactly how science has mad better grains
and grasses, large exhibits being prepared
showing the parent atock and the ImproveJ
Varieties aom of which hav pedigrees
running back fourteen yoara.
OIL COMPANY WILL APPEAL
(Continued from Flrat Pag.
same handa, even If It la split up Into lta
conatltuent properties. Thla haa been the
caae In every ault In the paat In which the
law haa compelled the dissolution of com
binations. They hav simply been put Into
different shape and have gone along mors
compactly than ever."
OPINION
OF
judge:
HOOK
Ho Holds that AH Monopolies Exist
In Violation of Un,
ST. PAUL, Nov. 2L Judge Hook, In a
concurring opinion, expressed strong views
on the case, In part, aa fol'.ows:
"Tha principal conclusions, upon which
w are all agreed, may be briefly stated
aa follows:
"A holding company, holding the stocks
of other concerns whose commercial ac
tivities, It free and Independent of a com
mon control, would naturally bring them
Into competition with each other, Is a
form of trust or combination prohibited
by section 1 of thePherman anti-trust act
Th Standard Oi". company of New Jersey
is such a holding company. The defend
ants who are in the combination are en
joined from continuing it and from form
ing another like It. The holding company
Is enjoined from exercising the rights of
a stockholder in the subordinate com
panies and they are enjoined from allowing
Its to do so or to benefit therefrom In the
way of dividends.
"It Is thought that with the end of the
combination the monopoly will naturally
disappear, but lest, instead of resulting
that way. the monopoly so wrongful'y
gained and perpetuated by the aggrega
tion of the physical properties and In
strumentalities by which It la maintained
In the handa of a member of the com
bination and the liquidation and retirement
from business of the other members it Is
held that such a course would violate the
decree.
"The extent and limitations of the first
section have been pretty well defined In
the many adjudged casea.
"The second section of the act provides:
" 'Every person who shall monopolize, or
attempt to monopolixe, or combine to con
spire with any other person or persona to
monopolise any part of the trad or com
merce among the several states or with
foreign nations, shall be deemed guilty of
a misdemeanor.'
"Manifestly this section is quit distinct
from the flmt and was uot Intended to
cover precisely th asm ground. To aay
otherwise would be to Impute to congress
th doing of th unnecessary and useless.
Though th natural tendency of a combin
ation In restraint of trad declared Illegal
by section 1 may be and generally la
towards' monoply, denounced by section
2 and may even accomplish It, yet the
acope of the latter section 1 far broader
ahd was designed to extend also to mono
polies secured by other means than by
contracts, combinations and conspiracies In
restraint of trade, which, as those terms
necessarily Imply, require concert between
two or more persons or corporatlona.
"One person or corporation may offend
against the second eeetlon by monopolising,
but the first section contemplates conduct
of two or more. A cursory reading of the
act shows this:
"That It was the Intention of congress
to condemn monopolies not based on lllog.il
ocmblnatlons among several, but secured
by single persons, natural or artificial,
by other means, also appears from the
history of legislation. To offend the act,
the monopoly must have been secured by
methoda contrary to the publlo policy aa
expreased In th statutes or In the common
law.
"The modern doctrine la but a recogni
tion of the obvious truth that what a gov
ernment ahould not grant because of In
Jurloua to public welfare, the Individual
ahould not be allowed to secure and hold
by wrongful meana.
"Tho baneful effect Is the same, whether
the monopoly comes aa a gift from a gov
ernment or Is the result of Individual
wrong doing. Nor can arguments of re
duced prlcea of product, economy In oper
ation or the like have weight.
"During the discussion of the amendment
above referred to apprehension was ex
pressed over -the broad language of th
second section of the proposed act and
Inquiry waa mude whether the committee
having the bill in charge Intended It should
make it an offense If an Individual en
gaged In Interstate and foreign commeice
'by his own skill and energy, by the pro
priety of his conduct generally shall pur
sue hla calling In such a way aa to mo
nopolise a trade.'
''Assurances were given that the, term
monopoly' had no such significance, but
that It contemplated the employment of
meana which prevented othera from engag
ing In fair competition, th engrossing of
trade and the Ilk. Undoubtedly this view
prevailed at th passage of th law."
TEXT OF FORMAL DECHEB
Defendants are Enjoined from Con
tlnnlna; Conspiracy by Any Means.
ST. PAUL, Nov. 21. In lta formal decre
the court review at length the govern
ment's charges against tha Standard Oil
company. Reaching the penalty, the court
says. In section :
"That the defendants, their officers, di
rectors, agents, servants and employes, are
enjoined and prohibited from continuing
or carrying Into further effect the combin
ation adjudged Illegal hereby and from
entering Into or performing any like combi
nation or conspiracy, the effect of which
la, or will be, to restrain commerce In
petroleum or Its products among the atates,
or In the terrltorlea, or with foreign na
tlona, or to prolong the unlawful monopoly
of auch commerce, obtained and possessed
by defendants aa before stated, In viola
tion of the act of July 2, 1S90, either (1) by
the use of liquidating certificates or other
written evidences 'of a stock Interest In
two or more potentially competitive parties
to the Illegal combination, but causing the.
conveyance of the physical property and
business of any of said parties to a po
tentially competitive parly to thin combina
tion, by causing the conveyance of tha
property and business of two or more of
the potentially competitive parties to this
combination to any party thereto by placing
the control of any of said corporations In
a trustee or group of trustees, by causing
Its stock or property to be held by others
than its equitable owners, or by any simi
lar device, or (2) by making any express
or Implied agreement or arrangement to
gether, or one with another, like that ad
judged Illegal hereby relative to control or
management of any of aald corporations,
it the price or terma of purchase, or of
aale, or the ratea of transportation of
petroleum or its products in interstate or
international commerce, or relative to the
quantities thereof purchased, sold, trans
ported or manufactured by any of said
corporations, which will have a like effect
in restraint of commerce among the states,
In th territories and with foreign nations
to, that of the combination the operation
of whloh la hireby enjoined.
"Seotlon 7 The defendants named In -iee-tlon
3 of thla deoree are enjoined and pro
hibited, until the discontinuance of the
operation of the Illegal combination, from
engaging or continuing In commerce among
the states or in th territories of the
United Statea.
"Section S-The United Statea shall re
cover lta costs herein, to be taxed by (he
clerk of the court, and ahall hav xecutlon
thereof.
"Section fr-Thls decre ahall take effoct
tl Irty daya after lta entry. In case no ap
peal Is taken from It. If an appeal is
taken from thla decree by th defendanta,
or by any of them, and a bond In the
amount of 150,000, conditioned to operate
aa a supersedeas, approved by one of the
circuit judges, is given within thirty days
after the entry of thla decree, then thla
decree, unleaa reversed or modified, ahall
take effect thirty daya after th fin.J
decision of th case by th supreme court
upon the appeal."
NEBRASKA FORESTERS ELECT
High Court of Independent Order la
Nehrnskn Holds Biennial
Session.
Th high court of the Independent OrdJr
of Foresters of Nebraska held Its sevonth
biennial convention In Mueller's hall, with
delegates present from all subordinate
courts of this Jurisdiction. A very pleasant
ar.d profitable meeting was held. The
order now boasts a surplus fund of nearly
215.000,000.
The following officers were elected to
aerve two yeara: High chief ranger, Nathan
Roberts; high vice chief ranger, C. Reiner;
high aecretary, H. H. Farmer; high treas
urer, A. L. Hunter; high counselor, M. A.
Hall; high physician. Dr. Aberly; past higli
chief rsnger, F. M. Henderson; high audi
tors, F. W. Hoffman and H. A. Hanson;
supreme court delegate, John Franck.
Woman Snes Mother-lnLnw.
CRESTON, la.. Nov. 21-(Speclal.)-Mra.
Emma E. Hall of Pedford haa fled
suit in the Taylor county district court,
charging her mother-in-law with alienating
the affections of her husband, A. P. Hall,
for which ah asks damagea amounting to
J10.0VJO from her mother-in-law, Mrs. E.
R. Hall. She also charges defendant aa
being to blame for the divorce proceed
lnga which have been begun by plaintiff's
husband against her on the grounds of
cruel and Inhuman treatment. The notice
states that plaintiff wli ask for tem
porary alimony In the sum of 'M and per
manent additional alimony amounting to
I1.M0.
A risroo Attaek
of malaria, liver derangement and kidney
trouble Is easily cured by Electric Bitters,
the guaranteed remedy. 60c. For sal by
Baton Drug Co
CHIEF VASTS
Donahue Would Hare City Buy Lot
Adjoining Station,
COULD THEN WORK PRISONERS
City Connell Meets This Afternoon
to Consider Reqaeat of Fire
nnd Police Hoard for
10.OOO.
Destruction of the Oiniiha police patrol
barn by fire has-moved Chief Donnliue to
sgain bring forward the proposition fur tho
purchase by the city of the lot adjoining
the police station and new county Jail.
"If the city owned that lot," said tho
rrief, in talking with the fire and police
commissioners, "w would not Only have
room for a modern police headquarters, but
also for a fireproof barn and workhouie.
The lot runs to the alley, where there la
trackage, and stone could be hauled for
the workhouse prisoner to break while
seivlng their time, which Is now done In
idleness and In perfecting themselves In
vlclousness. The broken stone could be
utilised rlbht here In th city, and on the
ni'.es of roads that are to be built In Doug
las county by the money reallied from the
Inheritance tax."
The commissioner were not prepared to
exrress an opinion on the chief's proposal.
but Indicated that It will be given con
sideration at some later time, when monoy
is In sight. ,
Connell Meet this Afternoon.
An adjourned special meeting of the city
council la to be held at 2 o'clock thla after
noon, when action will be taken on tho
request of th Hoard of Fir and Police
Commissioners for . an appropriation of
$1.0,000. It does not seem likely that this
amount will b allowed, because of th fact
that the burned automobile waa Insured
for M.OuO, which will aerve to replace It
with as good a machine. The Intention ot
the board is to purchase a second auto
mobile, and Instead of having six horses
to have only two, for us on a new emer
gency wagon, and possibly on th extra
wagon patrol In case of need. The balance
of any money allowed will be used to put
the gutted barn In shape for use, pending
Its entire rebuilding into a fireproof struc
ture without an upper floor, or the erection
of a new barn, with possibly a city tool
house and storage place In connection.
The fire at the police patrol barn has
brought up again for discussion, among
councilmen and city officials, the desir
ability of insuring all city property. No
Insurance is carried by the city of Omaha
on any of its buildings except schdol houses,
which are partially Insured. The Board
of Education carries a fund of 2o,000, and
has for some years, to which Is added
yearly what would be paid In insurance
premiums if all the buildings were Insured
for full value. President Harding and
others have advocated Insuring all school
houses, the same as business buildings,
but the old policy la atlll adhered to.
Mayor Inarlrdne Agtnln Indicted.
MARSHALLTjpWN. Ia Nov. 21. (Spe
cial.) The federal grand Jury, which re
ported lat yeaterday afternoon in Dea
Molnea, returned new and additional In
dictments against Mayor O. L. Ingledu of
this city and Deputy Sheriff C. B. Nason,
Deputy Marshal Michael Clark, Police Desk
Sergeant R. G. Goodale, Patrolman Frank
Haas, and Same and Frits , Wenger, aa
loonlsta; Leo McNamara, bartender, and
Same Jones. They are charged with Inter
fering with a federal officer while ho was
In the act of performing his duty.
These indictments, . like the first, whloli ,
were returned In Davenport early In Oc
tober, are the outgrowth of the arrest of
E. E. Van Wert, a special officer of tho
Department of the Interior; J. J. Talbot, an '
Indian farmer;. Rev. R. G. Smith, an In
dian missionary, and R. G. Holt, a Fox
Indian, while Van Wert was trying to get
evidence that the Wenger saloon sold liquor
to the Indian, Holt.
An effort will be made by Ingledue'a at
torneys to have the Indictment quashed.
PILES CUBED 1 e, TO 14DAT9.
Pazo Ointment is gunranieed to cure any
case of Itching, Blind. Bleeding or Pro
truding Piles in ( to 14 days or money re
funded tiOc.
More
Quaker Oats (
and less greasy
foods.
Better health, better
complexion, greater
strength.
These results always follow
LB.IKC0UI1 CO.
COAL
South End 16 ST.
VIADUCT
lHOME OF THE
LONG TON
Delighted
is the expression o( the house
keeper the nrst time she uses
ELECTRO
SILICON th celebrated Silver Polish,
(or Cleaning sad Polishing
BII.VKKWAkK, other tat
metal and Cut ('.la.. It's to
oinerrot In action aaq
rr.ults from any other. '5?
hw outer. tM9wr ann
tipcats, borinot K-rsti h
or went. Reiu.e stib.tb.
tutca. Send address lor
FREE SAMPLE
Ibt tlaltutlllual o., SO l I tT St.. Kw York,
firocero and ttruantoto Mell It.
AMI'SKMENTS.
ADfAICED TAVSKTIX.X.B
Dally Matinee, S:I8 Daily sTIgh Vorforaa
anoo :!- This Week Julius Hteg.r,
"bathing Olrls." Ros Royal, Iura Buck-l-y.
Harry r Halver. N'svln aV Erwood
Alfer.tta, Klnodrome and th Orph.unr
Concert Orchestra. Prla lOo, ao and