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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 23, 1909)
TIIK IJEK: OMAHA, .
I - " """
Women's Winter Coats V
Fashion's Fa vorits A
r.i tt l m:t i i ii, . v 4 : r : ! ?
JU'Ul J1UIK1 IIUIUITII UMIB Willi Ulill, UlPllliUllVB Mil
peculiar to garments purchased here. Swell coats at $25,
$.10 and $35. Colors allies of rose, rose, tan, apricots and
Tailored Dresses for Little Women
Worth up to $30.00.
Real Black Lynx Furs
When we say real we mean the genuine Russian Lynx
which are now no hard to get. We believe we are the qnly
store showing a great range of styles of the real article.
" " Second Floor.
B - 11 -
before, being plncwl On the stretcher. The
temperature of the thine which In higher
tl an 90 degree,, csusod by the fire, as yet
. unextinguished, undoubtedly was the
rnm el the warmth of the body. Wild
scerfps followed the carry Ills' th nian
to the hospital car,
"They alive." came the cry from all
sides,, and. a rush that almost carried the
beilrers off their feet began. The soldiers
vera hurried to the spot and forced back
the crowd,, while physicians and .nurses
Torr over the oody of the man In the
ta(L. The work of holntlng the other vic
tim, to the surface did not cease. As the
first loivj. of three stretchers, their burdens
ar.d their carriers reached the top, the
crowd surged ba?k to the car a few yards
away. Scores ' 'bent over the bodjes, but
even the unpractlced glances of those not
of the hiedlc.tl profession saw at once
that there was ho mistake as to the death
of those on the stretchers.
Twcntr-Thre Bodies Taken Out.
The work of taking out the bodies con
tinued until twenty-two had been carried
from the' shaft Ao the temporary morgue.
Before the last' of those taken from the
mine had been placed! In the morgue, the
body of the unknown man had been re
moved from the hOHpltal car to the place
along side those of his former comrades.
The recuers who carried up the twenty
tliree bodies said there was evidence that
the men had walled themselves In for sev
eral days, but had emerged to seek food
or water and had met death In the black
damp. ' -
At a point beyond where the searchers
had gone, several declared they oould see
the shattered blocking of a pocket whert
the men had. taken refuge. The bodies art
scattered along the gallery for many yards
and the men who found them believed the
vlrtlms collapsed from weakness or as
phyxiation before going fifty yards toward
the. entrance. Home of the bodies were
burned, and it Is probable that of the
twenty-three not all had been Inmates of
the pocket. The existence of the refuge
was denied by other members of the party,
who asserted that they had seen no evi
dence of It.
Dr. L. l. Hw-e visited today all the sur
vivors who were taken from the mine Sat
urday and reported 'them gradually recov
' effiig. - ' I '
It la still considered Inadvisable to give
the 'patients other than the lightest food.
This is a great disappointment to the
women who had dreamed of feeding them
bounteously to make amends for their
seven , days of enforced fasting. Mrs.
Charles Dovan, whose son still remains in
the mine, living or dead, visited the mouth
ot the shaft soon after daybreak today
and at been her custom for a week knelt
down ' and prayed. Later she wandered
toward her home, where she died shortly
DOBBINS CASE WITH JURY
(Ouiitlnued from First Page.
county attorney, who has proclaimed him
a' rascal. ' 1 '
( J'lnCo I have heard my friend Hess call
liakw a. raeoah I've lost confidence In
Ballew myself," added Mr. Tlnleywlth
rnrrasm, referring to an tnadvertant slip
"of the torlfrue on the part of the county
attorney oft the day before in his opening
The most serious portion of Tlnley's argument,-
amounted to a declaration that
tho paper bearing an address purporting
to have been, given to Ballew by Dobbins
at his Kansas City home was not genuine.
On- the wltnos 'stand Ballew had sworn
that this was given to him by Dobbins
and thai Dobbins did not live at this ad
dieis. , More Harrmiu for Ballew.
Attorney General Hyers bean his closing
Argument at 8:lf o'clock and continued for
two hiurs. lit touched but litfhtly on the
fads of the cane, spending most of his
t ffo. t in trying to show the jury w hat at
titude should be assumed toward the gem
era! farts. Uyers came to the defense of
T. W. Ballew at several times.
. "I with that sir. (lallew were here to
hear what 1 have to sav. I want to sr.y
that he could have been In better business
thai) this race, lie should have turned
back, as soon as he learned the true nature
11 f the transaction.
"Hut he has had his punishment. He has
fi.lt It all. He lost between thirty and forty
thousand dollars and I Imagine that he
lovd It enough to feel the lose."
Tills remain amused the spectators who
li.stenrd to the grilling of Mr. U:llcv lasl
"Thrre lias been some tjucttioit why 1
Citii her, by the other side." remarked
Attorney General Uyers. "I am here be
,iiue I fi d that It Is my duty. There have
Wen sonto serious charges made against
ill Is great city becaut-e of the operations
Jit re of men concerned In tha operations ot
this mcst gigantic swindle.
"Witnesses on the stand have testified,
Hrd It has been charged by the press, that
the officials of this county had been flxcj
and that no conviction would be obtained
In tho cuurts of Pottawattamie county. 1
am htre to see and know.
"I hall not rest In (he effort to plac? my
Excluilva Omaha tailing on
Mark Cross' Gloves
for Men and Women
London made, band
sswtl --the glove
standard (or tha
51.50 a Pair.
o - o
J2 - 0S.
hand on any officials upon whom such a
charge may properly rest I will see that
he or they are brought to Justice."
The, attorney general t spoke highly In
praise of County Attorney Hess and com
plimented him on the conduct of the case,
in the course of his argument.
Attorney Hart's Talk.
"This Is In fact the case of T. W. Bal
lew against John R. Dobbins, not that of
the state of Iowa as It appears on the
face of the record," exclaimed Charles
Harl, attorney for the defendant, on trlsl
for larceny, as steerer for the Mabray
gang, In district court at Council Bluffs.
The argument for the defense began at
the opening morning session of Judge
Green's court. The Indications are that
the case will now go to the Jury tonight.
Attorney General Byera will close for the
The defense was true to Its promise In
taking up T. W. Ballew, complaining wit
ness. Attorney Harl mada an impassioned
and bitter arraignment or the Princeton
"The attorney general of the state of
Iowa Is here to aid the prosecution. He
has come her to assist J. J. Hess, the
county attorney, who has made such an
enviable record In the prosecution of crim
inals. There have been men tried here for
the most henious of crimes, the most
bestial of assaults, but never before In the
history of this county has the attorney
general, the chief law officer of the state,
come down from Des Moines, leaving an
Important session of the supreme court to
aid In the trial of a criminal case.
"Back of this, gentlemen of the Jury. Is
T. W. Ballew. This is the case of T. W.
Ballew against John R. Dobbins. The
indirect Influence of T. W. Ballew Is re
sponsible for the presence of the attorney
Ballew Not Content.
"It seems as though Ballew would have
been satisfied with his but no, net, hires
the most able criminal lawyer In south
western Iowa. James P. Organ, to assist
in the prosecution.
"The voice you hear In this case Is that
Of Attorney General Byers ' and County
Attorney Hess, but back of It looms J. W.
Ballew. Back In the shadows has ben
the cold, Incisive abilities and genius of
this John P. Organ. These men are the
tools of the spite of T. W. Ballew."
Harl In opening his argument defined to
the Jury his view of the Issues of the case,
making much of the point that larceny
and larceny only was the charge made by
the state In this case. ,
"The Indictment charges that John R.
Dobbins did take, steal and carry away
money to the value of $30,000. the property
of T. W. Ballew. This and this only are
you to decide.
"Ballew has made himself an issue In
this case and we accept the challenge.
"Mr. Hess haa said that Mr. F.allew got I
Into the deal Involved In this case to re
form Dobbins; to help this little woman
win her husband away from the gambling
tabre, for sympathy for her. God help
Mrs. ' Dobbins, If she Is committed' to the
eare of this man.
"If he had wanted to help Mrs. Dobbins
win her husband away from the gaming
table, would he have gone into a forced
horse race and encourged the perfidy of
an untrue secretary?"
Mrs. Dobbins Weeps.
Harl made many comparisons of the va
rious "mikes" who testified in the case
and centered his attack on T. W. Ballew.
When ho made his closing appeal for tho
raving of his client from the penitentiary,
Mrs. Dobbins broke Into tears.
Mr. Harl concluded shortly before noon
and Emmet Tinley Degan his address. He
placed emphasis on the attitude he wished
the Jury to assume toward the testimony
of the mlkc witnesses put on by the state
to show conspiracy.
"You have boen trying J. C. Mabray since
Wedncs-lay morning. It Is John R. Dob
bins whose fate Is in your hands, not
John C. Mabray's."
The argument of the defense was much
engaged In explaining the letter of Intro
duction through which W. H. Martin of
the Mabray race machine was Introduced
to T. W. Ballew, ;he victim. This letter
and the testimony of Ballew stood, the
lawyers said, as the only evidence which
could have bearing on Dobbins. Ballew, de
clared Harl, was impeached by his own
statements. The letter he held did not
show Dobbins to have known more of
I the schema 'nan Ballew did five minutes
auer ne met Martin.
j The Instructions to the Jury are In the
)iocf of composition and will be ready
tor suDmmsion tonight.
The court room Is packed with Interested
people from Counoll Bluffs and Omaha.
More than a scare of wjmen are sitting
through tha argument. Some of the mikes
are lingering to hear the oratorical fire
works and be in at the finish.
AUornew Harl may leave for Denver to
day on account of the Illness of his mother-in-law.
Mrs. N. V. Sltad. formerly of Coun
cil Bluffs, who Is at the point of death.
lomplalats Made by Omaha Firm
Aaalnat Railroad Companies
Dolus; Business In the West.
' ' (From a Staff Correspondent.)
WASHINGTON. Nov. J. (Special Tele
gram.) Sunderland Bros, of Omaha, en
gagtd In buying and selling coal and
building materials, today filed with the
Interstate Commerce commission five sep
arate dlstlnto complaints against the fol
lowing railroad companies: Chicago A
, Northwestern, Chicago, Burlington, ft
Quincy; Missouri, Kansas A Texas; At
lantic Southern A Southern; Chicago, Rock
J Island Pacific; T'nlon Pacific; St. Louis
i San Francisco, and Illinois Central,
i liaising excessive ratea and demanding
reparation aggregating several hundred
dollars with Interest
ROALT MARES MORE MONEY
Complainant Under Two-Cent Fare
Law Shown Up.
COMMISSION HAS THE FIGURES
Possibility Formal Hearing Will Be
Had of Charaes to Be Pre
ferred Asnlnst Head of
As; lam, ,
.(From a Staff Correspondent.)
LIXfOl.N. Nov. 22. (Special.) Figures
In the State Railway commission office
show that another railroad, which Is
objecting bit lower passenger and freight
rates Inw Nebraska, has made money un
der the new rates, in fact, more money
than under the old rates. The latest rail
road looked up Is the Minneapolis A
Omaha, whose net earnings per mile for
the year ending In June. 1907, Just after
the lower rates went Into effect, was
ll.SM.M, and for the year ending In June.
1!09, when all freights and passengers were
moved at the lower rates, 1.9.5. The
gross earnings In Nebraska amounted to
H."2E,2S8. for the 1!W7 period, and I1.S17.
"3M2 for 1W9. The passenger earnings for
the 1907 period amounted Jo I422.D43.M, and
for 1909, MSH.3M.M. The total cost of oper
ation amounted to 1 1.199, 581. 95 In 1907, and
for 1909. $l,231.mil.
The Minneapolis & Omaha Is one of the
complainants which Is attacking the re
duced rates In the federal court.
New Man on Pay Roll.
The State Historical society though it
has stopped work on Its $W,000 building,
which Its officers expect the state to pay
for, has not stopped spending money by
any means. During the last few months
Mr. Albert Watklns has been added to the
list of those drawing pay at the rate of
$125 a month af "historian." C. 9. Paine
draws his $125 4 month as secretary of the
society; A. E. Sheldon drowns his 1108 33
each month for being director of the legis
lative reference department.. In his vouch
ers for expense money there Is an Itm
of $1.60 for a book, "Career of Journalist."
Another item Is a book, "Primary Elec
tions,' for $1.15. Then comes "extra labor"
for $2. Whether Mr. Sheldon did the extra
labor or hired someone to do It the
voucher does not show and there Is no re
ceipt attached to show that the $2 was
paid to any on else. And there aie a lot
of lesser lights drawing pay.
As the director of the legislative depart
ment, Mr. Sheldon assisted In drawing
many of the bills which were Introduced
In the late democratic legislature of fond
Expensive Bnlldina; Planned.
Mr. Paine has now served notice on sev
eral of the state officers that he desires to
look over their records and cart awny to
the cellar, which is now, all that hns been
constructed of the magnificent historical
building that Is to be. He has 'already
filled his rooms at the state university with
files of practically all the newspapers ot
the state and he Is getting from the state
some fifty copies of all publications, so
there is some doubt even If the proposed
structure will be large enough to contain
the matter he is getting together.
In the meantime a well known architect
who haa examined the. plans for the new
historical building said they called for a
structure costing at least $1,000,000.
Until a new state house Is built, Governor
Shallenberger and others will oppose any
further work on the new historical build
ing. The governor believes there will be
plenty of room in the new capltol to house
the historical records of value that will be
gathered by Mr. Paine and his associates.
Newton to File Charges.
Kellx Newton, deposed bookkeeper at the
Lincoln Insane asylum, wlss shortly file
formal charges acalnst Superintendent
Woodard and request the Board of Public
Lands and Buildings to give him a hearing.
Inasmuch as several contractors who fur
nish supp les to the asylum sought his dis
charge some members of the board are In
clined to the belief that possibly Newton
has a story to tell of some Importance.
Newton has complained to the postofflee
department that letters written by Inmates
of the asylum have In some Instances been
destroyed and not mailed. The law pro
vides that all letters written by Inmates
of Insane esylums must be mailed at '.east
once a week by the asylum authorities and
that writing material and facilities for
writing letters must be furnished the in
mates and that stamps must also be given
them. The asylum draws $M worth of
stamps ench month for the use of Inmates.
Treasurer Bays Bonds.
Since the change In the state constitu
tion permitting the Investment of perma
nent school funds In city, village and school
district bonds, State Treasurer Brian has
bought for the state $4,500 of municipal
bonds and $424,828 of school district bonds,
making a total of $s?3.42t. These bonds net
the state 44 per cent. The following muni
cipal bonds were bought:
Heaver City iW.bOK
Sc. Edward , .W0
Dcw ard OA)
CI adruii ll.W
I'niveislty Place lo.uOO
Curtis 15, two
Chadron 2! OiK)
Klgln 16. WW
Beldeii v VWO
l enling luw
Sareul 10.0 O
Surplus of t labs.
Deputy Secretary of S;ate Walt has sent
back to Crawford a copy of articles of
Inciwpiratlona sought to be filed by a
busme.is mens" club of that city. The ar
ticles contain no capital stock and the in
corporators were requested to Insert that
Information. This Is the second club of
the kind formed In the last few days in
that cliy. The first to file was the Star
club. In the articles sent to be filed this
morning the object of the club was set
, Laxative Water
Is Nature's own remedy for
common ills, aucb aa torpid liver.
Indication and disorder of the
bowola. Its aotion ia speedy,
sure and gentle, without leaving
any bad after effect. It is cor
dially reoommended by the beet
Physicians and its extensive use
all over the world for nearly
half a century is its best reoora
tneodation. Try it and Judge for
yourself when you suffer from
CONS Til ATI ON
out to be to provide club rooms tor the
members, furnished with a billiard table,
a readlhg room, magsstne s and soeli
things. ach member was to be furnished
with a key and locker and no one
but members were to be allowed In the
rooma The same persnn who signed the
first club articles sent In the last ones.
Secretary Whltten has been re-elected
secretary of the Lincoln Commercial club
and his salary has been Increased to $3.0iX)
ranvaaalasr Board Ready.
The state canvassing board met today
and adjourned until tomorrow, at which
time It will canvass the vote cast at tha
Requisite Authority Bestowed Upon
Attorney General in Creisjhton
(From a Staff Correspondent.)
LINCOLN, Nov. 22. (."pedal.) Governor
Shallenberger has authorised Attorney
General Thompson to Intervent In behalf
Of the state In the case wherein benefic
iaries of the will of the late John A. Crelgh
ton fighting the bequest to the working
Should this bequest be knocked out on
the grounds there la no representative ot
such an organization to accept the money,
then the heirs to the residue of the estate
would profit to the amount of some $10,000.
When the case was called In Omahs, c.
J. Smyth asked the attorney general to In
tervene on behalf of the public and this
was done. At a lengthy hearing before
Judge Reddiek and Judge Estell, so Mr.
Smyth wrote to Mr. Thompson, It was held
that the Judges had some doubt of the
right of the attorney genera,! to intervene,
but if the governor would authorize him to
Intervene there was no question to his
authority. The same kind of a letter was
written to the governor who at once auth
orised the attorney general to act,
Mr. Thompson, however holds that It is
not necessary for him to secure authority
from the governor to appear In such cases.
He holds that he has the right under the
law and decision1 of the supreme court in
the case of the State against the Pacific
Express company and he so Informed Mr.
Smyth. In that case the court said:
"Irrespective of what the powers of the
attorney general might have been at com
mon law, as a law officer of the crown,
under this provision, the power and the
duty of determining when an action shall
hi brought by the state or In the in tercet
of the fitate this court devolved upon the
attorney general as fully and to as great
an etxent as upon the governor or any
other officer of the executive department.
When, In the exercise of the power thus
conferred upon him by the constitution
and the law, the attorney general deter
mines that the Interest of the state re
quire an action to be brought In this court,
no question Can arise as to his authority
to Institute or mantan the ault. If t la a
matter In which the state is Interested,
or relating to the executive department.'
The attorney holds the Interest of the
public Is at stake In the case and there
fore he Insisted ,upon Intervening on behalf
of the public.
Judge Sullivan and J. E. Bait Said to
Be Interested in Defense of Po
(From a Staff Correspondent.)
LINCOLN, Nov. 22. (Special Telegram.)
-Judge J. J. Sullivan and J. K. Rait of
Omaha have written to Governor Shallen
berger asking for a copy of the charges
filed by ht Anti-Saloon leagua against
Mayor Dahlman and the Board of Fire
nd Police Commissioners of Omaha charg
ing nonenforcement of the S o'clock closing
law. This Is taken here to mean that this
firm will represent the mayor and the
board and that tha latter Intend to make
It Is probable nothing will be done here
In the matter un(tll the hearing of the hotel
men and saloon keepers charged with vio
lating the law is held In police court. In
case a conviction Is secured a hearing prob
ably will be held by the governor here.
EDITOR W. E. DAYTON
OF YORK IS DEAD
Prominent Republican Newspaper
Man Pomps A way After I, ana;
Residence In Nebraska.
YORK, Neb., Nov. 22.-(Bpecal.) W. E.
Dayton, editor and proprietor of the Tork
Ufpubllcan died uddenly this morning.
W. K. Dayton lived nearly all his life In
Tork county. With his father, he came
here and wan ont of the first settlers In
south Tork county, where his father
homesteaded eighty acres of land near Mc
Cool Junction. Mr. Dayton stayed on tha
old farm a few years and secured his first
on ployment a printing office at Wahoo,
Neb. From tlVf he returned to Tork and
secured employment In the Republican
office. He was offered part ownership of
the Tork Republican and about eighteen
years ago he bought his partners Interest.
The great growth of Tork, the attraction
of the best cltlsens and the moral growth
of the city was largely Influenced by the
i editorials and articles written by him. In
; politics Mr. Dayton was a stanch repub
lican, who advocated republican policies,
I but would not stand for candidacies of re
publicans who were not men of the best
character and reputation. Mr. Dayton
leaves a wife, three sons and two daugh
ters. The death of Mr. Dayton is felt by
every citizen and pionter resident of Tork
MORE LAND IS WITHDRAWN
Meeretarr Ualllnser Takes steps to
Preserve Water P.iter Sites tat
I pprr Deaehntes Valley.
WASHINGTON. Nov. 22.-Pecretary of
the Interior Bellinger haa withdrawn from
all forma of disposition approximately
i.ya acres of land along the upper re
sehutes river, Oregon. This Is a tributary
of the waterway In connection with which
a charge has been made that In granting
rights of way to the Hill and Hariiman
railroads through the Deschutes canyon,
Secretary Ealllnger has rendered Jrnpofal
ble the construction of a power plant In
the canyon. The lands withdrawn, in
volving Incidentally the question of water
facilities, will be left to congressional ac
tion to determine the proper form of dis
position. TO CI HE A COLD I OXE DAT
Take Laxative Promo Quinine Tablets.
Druggists refund money if it fails to cure.
E. W. Orove's signsture Is on racn box. fce.
WRECK MAY BE AST OR YACHT
Three-Masted Veisel Half Submerged
Seen Near Cuban Coast.
NOT AT SAN JTJAN, SAYS MESSAGE
Cnimrannlrat Ion Is Aaratn Cot Off
from Porto Rlrnn Tort Wlthont
Clearing Ip Mystery of
SAN DOMINGO, Nov. 22. Colonel John
Jacob Astor's yacht Nourmahal snlled from
here November la nunng the hurricane.
The captain of an Knronean steamer ar
riving here today reports that he saw the
wreck of a steamer lying between the
Islands of Catallna and anna. These
Islands lie In the path of vessels proceed
ing east from here for Porto Rico,.
A revenue cutter has been ordered to
sail Immediately for the scene of the wreck.
TAMPA. Fla.. Nov. 22. A direct wireless
messsge from San Juan save Astor's yacht
Is not there.
KEY WEST, Fla., Nov. 22 It lr. prac
tically certain that no further r.Ire'ess
communication will be established by the
station her with San Juan during the day.
This means that It will be Tuesday morn
ing, possibly between midnight and Tues
day at daybreak when the wireless service
Is at Its best, than any positive news can
be received concerning the Nourmahal.
The operator here has been on duty con
stantly for the last twenty-four hours and
has sent calls to every station within his
zone. Every other service Is made sec
ondary to the.t of gaining Information re
lative to the Nourmaha!.
It was shortly after 4 o'clock this morn
ing that the naval wireless operators at
tempted to communicate with San Juan.
There was a feeble response from San Juan
station and later there was such Improve
ment that Key West station was able to
send a considerable number of messages
addressed to Colonel Astor and his friends.
The wlress communication continued un
til shortly before t o'clock when atmo
spheric conditions destroyed wireless
It Is anticipated the Investigation of the
submerged vessel off the north coast of
Cuba will be made some time today or
early tomorrow morning. This vessel Is
on the shoals Just off E'.bow Key and
should be found easily.
Captain Schlalkler of the German steamer
Wotan la positive that he saw three masts,
and that corresponds with' the Nourmahal.
He declared the masts were not those of a
schooner as they were too close together
and of smaller shape.
Former Report Donbted.
Failure of confirmation through Key
West this morning by means of the only
present Intact method of communication
with the West Indian islands, the govern
ment wireless telegraph system, has had
the effect of casting doubt on the correct
ness of the report received yesterdsy from
the steamer Caracas at Wlllemstad. Cura
cao, which said the Nourmahal arrived off
San Juan November 14, and was safely
anchored In the harbor there on the 15th.
Reason for doubting the correctness of this
report Is two fold. In the first place, the
operator at the government wireless sta
tion at San Juan declared early today that
he knew nothing of the presence of the
Nourmahal and that If It were in port he
doubtless would have known It. At the
same time the San. Juan operator volun
teered the information that there was at
preaent a large steam yacht In San Juan
harbor, but that It belonged to a Cuban.
This vessel might easily have been mis
taken by the chaplain of the Caracas for
the missing Mourmahal.
MARINES WILL GO
of prosecuting Inquiries to ascertain the
truth as to the Uroce and Cannon ex
ecution. Secretary Knox Is acting with the full
approval of the president. Mr. Taft haa
had the developments In the Nlcaraguan
trouble presented fully, and he Is prepared
to take any needed steps to bring about a
more satisfactory situation than now ex
ists. The first American warship to arrive In
Nlcaraguan waters was the gunboat Vicks
burg. Its presence at Corlnto, on the Pa
cific side of Nicaragua, was announced to
the Navy department late yesterdsy. The
little gunboat Is In command of Com
mander Alexander 8. Halstead. It is
equipped with six four-inch guns and eight
guns of a smaller caliber.
MOVEMENT TO ADVANCE
RAILROAD RATE CASES
Judge MrHafth in Washington
Complete Arrangements for
(From a tHaff Correspondent.)
WASHINGTON, V. C, Nov. 22. (Special
Telegram.) Judge W. II. Mcilugh of
Omaha was In Washington for a day or
two arranging for the advancement of
the so-called Missouri river rate casts and
their argument before the supreme court.
Judge McHugh took up the matter with of
ficials of the Interstate Comm. re.; com
munion and the Department of Jusilce.
It is probable these cases will be set by
the court for argument, February 21. Theae
cases which are pioneers under the Hep
burg rate act thirteen In all uie headed
by the Chicago, Kock Inland & Pacific
and are those cases which Judge Grosscup
heard arid in which injunctions were dis
solved. Both sl't s are friendly to efforts
to advance and Judgt McHugh Is In Wash
ington for the purpose of getting the rec
ords straight and getting them printed. He
left for New York this evening.
BOND ISSUE 'FOR IRRIGATION
Senate Committee Will Heeoiuinend.
ItaUlaa ol Kuad of from :(,-
11011,1100 to -o,ooo,Mr.
WASHINGTON, Nov. 22. Senator Horah
of Idaho, who traveled for a lime with the
senate committee on irrigation during Us
Inspection al many of the more important
government lirigatlon projects, was a White
House viuitor today.
It Is understood that the committee has
decided to recommend to congress a bond
Issue of from 30.000.0u0 to ttO.uuC.UOO for the
immediate completion of at least thirty-two
approved projects, the bonds to be paid
j from time to time out of revenues received
rrom tne saie or puunc tana.
Irrigation work is so tlow that if the
projects were carried forward only as the
money comes to hand, many years would
elapse before aur could be turned on the
MORSE SAYS JURY WAS DRUNK
Convicted Banker Asks Court to
Grant ew Trial on This
NEW TORK. Nov. a.-Martln W. I.li He
ton, counsel for Charles W. Mome. the con
victed banker, argued a motion fr a new
trial before the United States couil of ap
peals today. He alleged there had been
promiscuous drinking among the member
of the Jury which convicted Morse, and
that one member was suffering- from
alcoholism to such an extent that a cot had
to be carried Into the Jury room. Decision
was reserved by the court.
Prices of Active Issues on Wall Street
Take Drop of One to Three
NEW YORK, Nov. 22 After a fairly
quiet opening of the stock maikct todty
.there was a general outburst of liquida
tion due to further considr ration of the
decision in the frderal courts aKainst tho
Standard Oil company. Prices in muny of
the more active Issues fell from 1 to 3
points under the flood of selling order?.
Notwithstanding the support of banking
Interests, manifest at the market opening,
prices fell steadily. Amalgamated Copper
sold off 3 points from Saturday's close,
while a heavy volume of selling oidcrs In
United States Steel, common sent that
stock off 2't- I'nlon Tacific went off 2'i
points, while Vtah Copper sold down to
BlU. a decllnn of 3 points from Saturday.
Smelters fell off 1 point from the close of
Saturday, while Chesapeake & Ohio sold
off 2 points to Ss..
There were fractional rallies at 11 o'clock.
After a decline of 40 points In Standard
Oil, the stock was quoted at B40 bid and
Oribi, Singing Topi, a Bohor and Kob
Are Among; the Hunt
NAIROBI, Hrlttsh Knst Africa. Nov. 22.
Reports received today from the American
hunting expedition are that all the mem
bers of the party are well and will return
to Londlana November 30.
During the hunting on the Guias Ingisu
plateau, Colonel Roosevelt and Kermlt
Roosevelt, in company with the Chlcagoon,
Carl E. Akeley, killed four elephants for
the American Museum of Natural Hlstofy
In New York. Mr. Roosevelt has decided
to give one of the elephants killed earlier
to the museum of the University of Call
fornla. The party took many other trophies. In
cluding five-horned gnus, a leopard, a
roan bush buck, a Jackson's hartebeeste,
an orlbl, a singing topi, a bohor and a kob.
NO NEW TRIALF0R AUTHOR
Brandenburg te In Court lleeanse
of 'Work at berry Mine
ST. LOUIS, Nov. 22. Broughton Branden
burg, the writer, who was fined 1500 for
abducting James Shepard Cabanne III, was
denied a new trial by Judge Grime today.
He received permission to appeal to the
supreme court and was released on a 1,000
KOTZMXITTS Or OCEAN STEAMSHIPS.
Port. Arrived. Sailed.
NEW YOFK Pennirlvnla Lt Osecoin
NEW TORK Pnnnl
NBW YORK Columbia
NEW YORK Cdr!!
NEW YORK Pitraa
NEW YORK Snn!o
PLYMOUTH Nw York
MOVIU.B rledonli PurneiBla.
LONDON Corinthian i
By new method that removes the cause,
stops l.rad noises, stops discharging
ears, opens the eustachian tubes and re
uto" the hearing.
Whose new methods have lifted the dark
ness nd blight In the word 'incurable."
No matter who lias treated you or pro
nounced your case Incurable, If you are
deaf or suffer with head noises, catarrh,
osthma, goitre, rheumatism, or any form
j or cnronic uneas, get our opinion or
your case, t ntll December 1, all curable
cases accepted for treatment will be ex
amined and treuted in our office free for
one whole month; small charge made for
medicine only. If you cannot call, fill
out and mall coupon below to Dr. Brana
man Co.. 305 New York L.ife Building,
FREE INFORMATION COUPON
Dr. Branuman '".,
Please send mft ymptoni blank and
literature explaining your methods
of home treatment.
( B. ) II. F. I). No State
She saw the 'Pride of Om.h,"
She bargained for and bought It,
The bread it made was the 1 tghast grade
Tor long, loag years' ibe'd sought It.
An Order on Her Gruer fi.r a
241b. Sack of Pride of Omaha;
rtour is every iuihii.
who mails u a verse of tour to
lines iv. hlrli we u. for aiH irtl.sinj
about 1'rlde of Onuha Flour.
In Writing Remember
I'ride of Omaha Flour the clinlc-
eHt wheat from 103 elivjiom ouneii by
the I'lnllke liraln Co. It Is milled by
the most moilern inarl,ln,-y, In ihe most
HHnllary manlier, by an expert mlllrr of
thirty yeaia' experleii-.,. The housewife
who uses Ihi" flour cities i ever ehangeH.
Updike billing Co.
I V.i t No. lOtli St., Omaha.
lip, ... mm i i 1 sji i in
V ' - i ' : . v L
Jjkli , ' i 7,,.. . iil
I Rubbor Goods
i Deformity Braces.
Li;' ' "
W have our
own factory and
trlve personal at
T RISK EH
H. J. Penfold
1410.12 Harney St. OMAHA
AFTER the dentist has re
a, paired the damage your
teelh have suffered through
neglect, the daily use of
will cleanse, preserve and
beautify them, without in
jury, and impart purity
ana fragrance to the breath.
"You'll know my
Be cigar by Its shape.
It'g bifc, fat, very
thick through the
middle like 1.V
rerfeoto, and it's FVLL ot Ha
vumm." Central Ciqar Store
321 South !6M Slrte!.
TMI BEST 6RAD15
We Guarantee Quanfijaiid Qualit
cured In a t't
a aurfflral op-
jratltm or detention from b.i!n. No py
will be eWHLi1 until tin patient ia coiq
pleltjly mrfti Writ or rait on
FRANK H. WRAV. M, D.
9oom 306 Bido. Oma, Ntb.
We Make All We Sell
Omaha Trunk Factory
We also carry a floe Has of Xieat&es goods
poag. 10SS 1309 rexnam St In d. A-IOM
Opening Tonight Wed. and Tburs.
su!ar Matinee Wednesday.
Special Matins Thanksgiving.
Brady Ousmer Anuoanos
A Gentleman from Mississippi
TJtlDAT AMD SAT WD AT
In His Vsw Flay,
Seats Now Selling.
Prices: ISc, 860, BOo, Tfre
To-Klgbt Matinee Wednesday
BETJLAH POYNTEB, 127
sTMmt aaVttt 1 fT Pt i a 4 mm U.tl...
"Tht Time, 2 lie Place, und ike skirl
1 ' SUCStl Of OMAHA S AMUStMtNT BELT
THE OIS.X. m TUB CiaiJIDHTA KD
8jeial Tbai-ksiivii'g nay Mutlnes
Nijrfct I-rices, 35c to 91.60
Untmce 1-rioss, 33o to tl 00
Starting S'lbday, itov. tJ,
M'CEIW STOCK CO. ricesj 85 and 3Eo
I Dally Matinee, 3:15 Eally Sight Perforin.
auco 0:1ft. Thin Week: Imitie Mei r,
I Untiling tiirla," r.i.HH Il'iyiil, Luuru hurk-
ley. I. airy & liilviia, NY ii.s & Kruoml.
Alferettu. Kinixli one ami the lr,heuni
I (Vni.rt OrcheHiM. Vricts loo, 30c and 60c.
V EN TOW ST. PARK, THABKSOITIllCf
DAY, 3 F. M.
CMAHA HIGH SCHOOL J
VS. TOPEKA HIGH SCHOOL
Keservsd Seats 7f c Oeseral Admlssloa fia
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