t THE BEE; OMAHA, FRIDAY, FEMtUAKY 11, lmu. Clothing Prices Reduced v ' Rpring atftcVa are arriving dally and winter clothing hM to go. Vox! ran profit greatly h7 present price. Young Men's Suits Toting men's fancy units, In brown; gray or olive mixture, many of ther Mwton'i nohhlrwt snlta to be had. - $15 and 18 SnlU at $10.00 $20.00 SnlU at.V 813.50 $22.JW SnlU at . 815.00 Pee the new "Mnndhelni" felt Till YXJuNO OWN 1518-1520 Farnam Street Send for new mastrated I all catalog-as, BIG COAL CLAIMS AT STARE Contests InTolving 10,000 Acres Be fins Friday at Lander. ILLEGAL ' ENTKT IS CHARGED 1 1 . Sixty-Four ' Prominent Jfew Yorkers Accused of Taking 1'p Mineral Claims for Benefit f Two Corporations. CHEYENNE. Wyol. Feb. 10. (Special.) Contest eases Involving nearly 10.000 acres "f valuable coal, lands In Big Horn county. Wyoming" valued at tl.SPO.OOO. will begin Trlday In the1Lhndoi' (Wyo.) United States land office, when sixty-four defendants ap pear to answer to summons filed by the government.; The cases., which are the most Important ever heard before a land .office ip .this, state, have attracted wide attention, not only on account of the large values Involved, but also because some ot Yfew York's moat prominent men are In Vdlved ' either ' as operators of the coal mines or entrymen on the coal lands, which the government alleges have been filed upon Illegally. The cases Involve 9,500 acres of rich coal lands lying In the Oebo , and Lander coal districts In Big Horn county, Wyoming, which the government alleges have been filed upon by false and dummy entrymen In a conspiracy to defraud the government for the benefit of the Owl Creek Coal company and the Northwestern Coal com pany, wh'ch are rumored to be connected with th Burlington railroad. Value Million and a Half. Government experts have appraised thess lands at a valuation of fiEO per acre, which would make tha total valuation Involved in the cases nearly J1.MO.000. , The cases now on trial have grown out of investigations which the government hss been making for th last three years Into the alleged' fraudulent entries mad oa these lands In IMS,' both criminal and clrll actions having been filed by the gov ernment. A recent Injunction case .was brought before the Ignited States court at Cheyenne by the government. In which an effort was .made to eorapel the Owl Creek Ceal company to discontinue operations on the- Oebo coal mines until the title to the .lands has been determined. A temporary restraining order ' was granted, by which tha Oebo coat mines olosed down and about 1,000 men were thrown out of employment. William T. Adams, register,' and Robert R. Heron, receiver of the land office at Ladder, have beea disqualified from hear ing tha oases, as they are witnesses In the cases, and John A. Williams, a law ex aminer of 'the land office, and Captain Oeorge H. Hair, chief of the field (division of the Salt Lake City land 'office, have been appointed temporary register and re ceiver to hear the eases. Able legal talent has been employed on both' sides and many witnesses have been summoned from New Vork atld other Vltles to attend the cafes In connection with the civil cases against the entrymen on - ccai lands which the government claims were cbtatned by !' legal entries, many prominent coal men ami entrymen were Indicted by the United Slates grand' Jury; Warrants were issued for the arrest of Rufus J. Ireland, Frank W. Dally, Wilberforc Snily, Thomas P. McDonald, Jean Ne son and John B. W.lg.i: of Amltyville and New York City, who were charged with unlawfully conspiring, combining and agreeing to defraud tha gov ernment out of 1.760 acres, of valuable coal lands near Lander. Wyo,, for the Owl Creek Coal company, by -false entries. The crime was .alleged to baye been committed In, Jun,, 1306, at Amltyville, when Rufs J. Ire.-nd la '.alleged., on . information, to v 1fic Distinguishing Fea iturc of Ozomulsion is its CURATIVE OVALITY. WhicHV All Other emulx sions Lack. ' THE RACE OF LIFE Is to the strong. The Woakllngs have but little chance, and yet every weak child If properly cared for and Its body nourished with Building. Vitalizing FOOD like .OZOMULSION, can be helped to grow up Into a strong, ac- cessrui. happy, useful member oi a clety. OaoniuUion Is a Life Food. A Twentieth Century - Scientific Preparation , of selected Norwegian Cod Llvef Oil, Glycerine and Hjpo- phosphitea of Lime and Soda. Physicians not, only prescribe it, but use it In their own families to build up their own aod .their children's strength. Oaomulslon Is known, recommended and sold by worthy tdruKglsU every where in It os. and os. bottles. Always ask for Osotnutslon by name TRIAL BOTTLE Hit BY MAIL Tbat ail may;experlace for tbem selves what this exclusive preparation will do, $ oar Trial bottle will be sent by mall to all who send their ad dress, by postcard or jetter, to the Oso mulslon Co.. 648 Pearl St., New- York. C 3 Boys Suits Our 9S.OO specials In Boy' Clothes, always the beat value at the price, now selling . t ' -83.75 Every avilt in, the boys' de portment reduced. In price blues and blacks Included, hats new shapes new colors. PEOPLE'S STORE 3 have conspired with Frank T. Lush, B. J. Heartt, Nelson V. W. Coyler, Elmer W. Davis, Oeorge W. Gates, Jennie Oates. Charles L. Edwards, Mary EM wards, Louise A. Ireland, Charles A. PlowrightT Samuel P. Hlldreth," John E. Ireland, Mortimer A. Trembley; Mary P. Myton, and the entry men who were Indicted, to file upon coal lands totaling In all over 1,000 acres, 1,060 more than a corporation can lawfully ob tain, Jo J turned ovsr to the Owl Creek company. On Information ths government allege? that entrymen or agents later certified to the mlneral'character of the lands. Power of attorney waa In some cases given to Samuel W. Oebo to dispose of the lands. Another Indictment waa brought against Dally, Oebo, Sully, Nelson and Wright, on ths same charge and filed at the same time, alleges that lands were also filed upon for the Northwestern Coal company, aggregating 4,062 acres ot valuable coal 'lands seoured through entrants named Bernhardt, Thompson, . Coulter, Olaason, MeCreery, Interman, Moore, Kupfran, Oior.ner, Dawllr.g, Welner, McGibbln Cos lello, Heagen, Brohmer, Drlscoll, Wood, Dally, Hamilton, Abbot, Coyne, Carhart, Harfah, Donnelly, Merlons, Vorhlea, Use man, Reynolds and Pries. Bonds were fixed at U.000 for each man for appearance in the United States court In Cheyenne, when the criminal cases are called to court. French South Pole Searchers Silent Sr. Charcot Eefuses to Give Any In formation About Besults . to Passing Vessel. BUENOS AYRES, Feb. 10.-The captain of ths steamer Bud, which arrived at Punta Arenas today, reports that he spoke to the Antarctic exploring steamer Pourquol Pas, anchored at Port Gallant in the strait of Magellan. Dr. J. M. Charcot refused any Information concerning the results of the French south polar expedition. i - ' ' - Dr. Charcot's staff Includes M. Bougraln, who waa to make the astronomical ob servations; M. Rouch, a specialist In metorology and oceanography; M. Gode- froy, who was to study the hydrography of the coaat and the tides; M. Oourdon, geologist, and Dr. Jacques L'louvllle, marine soologlst and botanist Six auto mobile sleds were depended upon to assist the expedition to make Its way well Into the interior. The Pourquol Pas registers SCO tons and with SOO-horse power engines In capable of making about ten knots an hour. I Court Enjoins New Water Works Judge Hunger Issues Order Restrain ing North Platte from Putting . In New System. , NORTH PLATTE, Neb., Feb. 10. (Special Telegram.) Receiver Slocum ot the North Platte Water Works company today se cured a temporary Injunction in the federal court against tha city of North Platte, re straining the city from building or con tracting to build a new. water works plant or taking any steps In that direction. This Injunction was secured In a supplemental bill, to the original petition, wherein the receiver asks that the city be compelled to pay the price the plant was appraised for. W. H. Munger of Omaha issued the restraining order. The Weather. FOR NEBRASKA Partly cloudy and warmer. FOR IOWA Light snow flurries; warmer In east portion. Temperature at Omaha yesterday: ' Hour. Deg. 6 a. ra 13 I a. m it 7 a. m u t a. m...... io 8 a. m 13 10 a. m in 11 a. m 17 12 rn ii 1 p. m ,... ti I P- m 27 5 P- in -i P- m sj 6 p. m S4 6 p. II,..,,,,,,,,,, S4 I P. m 33 P- m si S D. m t. aft Local Reeord. .F.rJCB THR "WEATHER BUREAU. OMAHA. Feb. 10 Of ficiai record of tern perature and precipitation, oompan.-d with the corresponding period of the last threo v?'r: - iia im m. im. Mexlmum temperature.... M 26 10 41 Minimum temperature.... 10 t S7 30 Mean temperature 'a 15 SO ss Precipitation 00 .00 T .0) Temperature and precipitation departures from tha normal at Omaha since March 1 and compared with the last two years: Normal tomerature jj Kxcesa or deficiency for the day o Total deficiency since March L 1H..-.!. 113 Normal preulpltailun 04 Inch Deflclenoy for the day ,.. 04 inch Preoipltatlon since March 1. ...,v. 36.00 inchea Oofle ancy since March 1, 1WX.... 4.TT mchea Deflo ency for cor. period 1'juS.... 4.W iuclioa Dt-flclency for Cor. period IHOS.... 7. Si Inches Reports front Stations at T P. M. Station and biai Tern. Rain. v. 1 amvr. 7 D. m Cheyenne, cloudy gj Davenport, clear 14 Denver, rartly cloudy js ltm Moines, partly cloudy U Dods City, clear , aj I .and or. partly cloudy 10 Nor:h Tiaite, clear &J Omaha, clear , gj Pueblo, clear ftall t'lly. cloudy 30 Unit Lake City, partly cloujy 34 Santa Fe. cliar 30 Hheri'lHn. cloudy j. U Kloux t'lly, clear , tn full .00 .00 .00 .00 .00 .00 .00 ' .00 .00 .w .02 .00 T T .00 vi online, partly cloudy 34 T Indicates trae of ureclDllitkm. 1- A. WELSH. Locul Forecaster. )ES MOlNtS SAYS "ME, TOO" Jommercial Organizations Want Same Bates with Omaha. iELLOW TIKE LUMUEE CHAEGE !neestl-atloa of ! Moines . Health Department Ritrmla to Entire Police Feree of Capital City. (From a Staff Correspondent.) DES MOINES, la., Feb. 10.-(Speclal Tfl rgram The Des Moines commercial or ganisations today filed with the Interstate Commerce commission a petition pf inter vention In' the case of the Commercial club of Omaha against the Anderson and Saline River Railway company. Involving, ratea from the south on yellow pine lumber. The intent of the Des Moines committee Is to have. In case of any reduction on lumber rates secured by Omaha, the same reduc tion on rates made to Des Molnei. Polite Scandal Widens. The city council today broadened Its probe and as a result It Is probable that the entire police department will be Inves tigate. Accusations of conduct unbecom ing an officer have been filed against the chief of police and several subordinates and it Is said that some of them have ac cepted pay for work dono for others while on the force. A general Investigation Is probable, growing out of the troublea in the health department. More Nantes on Lists. Attorney General Bysra today rendered a decision to the effect that the county auditors In making up their voting lists for the next June primary should include the names recorded both In Juno of 1308 and in November. The Inclusion of the latter will add over 33.000 names to the lists. Butter Stealing- Condemned. Andrew Roxeboom of Hartley, a wealthy dealer In produce, will have to rely on the Parole Board for shortening his five-year term of . service in prison for the larceny of butter' from a rival shipper of butter. He complained of - the sentence being ex cessive, but the court refers this to the Parole Board, which has power to reduce the term. Roseboom was putting some Kuter of Ms own In a car at Hartley, there being In the same car some butter In tuba which had been loaded at Rock Valley. Roseboom rolled a . few of the other tubs over to where hla shipment was located and changed the tags and labels. The station agent came upon the scene Just then and prosecution followed. The Liefendant claimed that - Inasmuch as he merely rolled the tubs a few feet on the floor of the car he did not take and carry iway. The court says It was not neces lary, In order to commit larceny, to lift :he butter tubs clear of the floor or to :arry them out of the car. Supreme Conrt Decisions. The following supreme court decisions have been rendered: Martin Swift against Abogall Flynn, ap pellant; Washington county, reversed. Ellen B. Cumer, appellant, against Rachel Clark; Appanoose, reversed. Farmers' Exchange bank, appellant, Edwin Trester; Madison, affirmed. William Peppers, appellant, against A. 8. Harris; Monme, affirmed. Margaret MlUer, appellant, against city )f Charlton; Lucas, affirmed. C. A. Benton aga,lnst G. W. Brown, ap pellant; Woodbury, 'reversed. F. & Baker against M. Kenney, ap pellant; Lucas, reversed. B. E. Cottrell agalnBt Muntersvllle In turanoe association, appellant; Monroe, af firmed. State against -Andrew Rojsebootrt, ap pellant; O'Brien, affirmed. J. H. Jamtfton, appellant, 8. L. Auxler; Lucas, affirmed. W. S. Hall against Margaret Hall, ap pellant; Polk, reversed. State against A. M. Henderson, ap pellant; Iowa county, afflrmtd. , Wilson Opens Headquarters. James H. Wilson, candidate for railroad commissioner, today opened headquarters here and started an active campaign for nomination. He resides in Adslr, but holds an office at the state house and Is In position to make a hard fight Colonel D. J. Palmer, the present chairman of the board, also started active work this week for renomlnatlon. Railroad May Lose Charter, The State Railroad commission today re ceived from H. P. Hart of Camanche, la., AAmmnnlitattfiii m.iu . . . t t . .. " . 1 . ,111 uieu up UJQ i question of the right of the Rock Island company to operate on the line from Iowa City to Clinton. This was formerly an in dependent line and the charter waa granted Under an agreement for certain train serv ice. "It Is now claimed that this agreement has been violated by the poor service given. Want to Be Optometrists. Twenty-one candidates for certificates to practice optometry in Iowa underwent ex amination at the hands of the state board today. This is the third examination un der the new law. The Murray Iron works of Burlington filed renewal of incorporation with $35,600 capital; also the Wren Hill Telephone com pany of Lucas county, S64G capital, and the Claar Transfer company of Council Bluffs $16,000 capital. Many to Attend Conference. Information has been received by Gov ernor Carroll that, in very many of the cities of the state delegations have been named to attend the' state highway con ference to be held here soon. He today re celved a large number of lists of delega tlons named. Iowa News Notes. IDA GROVE In this week's issue of the Pioneer the editor, Frank P. Clarkson, makes authorised announcement of the candidacy of Auditor of State John L. jeakly for re-election. IDA GROVE A deal was closed today whereby John Smith, the Goldfleld, Colo., millionaire and A. B Ueil bought from John C. Weaton of Clinton, la., the big Weston ranch of 640 acres, which Ilea on Life is what You make it Take a fresh grip "Cheer up" with bowl pf Post Toastie Dainty, fluffy bits of Ripe white corn Toasted to a "turn." It's a delightful. Comforting food Served right from the pkg. Wit 1 crean or fruit. "The Memory Lingers" Pkgs. 10c and 15c. Ask Grocer. the edge of the town of Ida Grove. Th new owners plan to make It one ot tli greatest stork farms In the country. IDA GROVE Every business men In Id Grove, with but one or two exception: has signed the guaranty for the prop ri. short course, and thl practically assut't' the succexa of the venture. NEVADA At the amuar meeting of th Story County Teachers' association, whir, was held here today, the candidacy of I. t Welty for state superintendent of publl. Instruction was unanimously endorsed. . MAUSHALLTOWN One hundred nni tweruy-four pupllf of the rural schools ot the county have- 'entered In the annua spelling bee, one of the entertainments 01 the central Iowa short course, which Is. to be hold In this rlty Friday evening. Cam. prices of $75 have been hung up for ill. best spellers. . MAR8HALLTOWN The 101st annivei sary of the birth of Abraham Lincoln, thv civil war president of the I'nlted States, will be appropriately observed at the lon Soldiers' home on Saturday afternoon. Tin observance will be under the direction o, Winchester circle, Ladles of the Oram Army, of the Republic. A patriotic pro gram has been arranged. OLENWOOD The Jury In the rase of Will Meyers, administrator, against the Chicago, Burlington & Qulncy Railroad company this afternoon, after blng oui about two hours, returned a verdict for the administrator for $2,000. Mrs. Meyers was killed by a Burlington fre'ght on the trestle west of Pacific -'unction last August. The case. will be appealed. I I EDRA1I CALLS HUGHES TO TASK (Continued from First Page.) posed hideous defect in the fundamental law. - Fla-ht Wow In legislatures. "Now the scheme and plan Is to defeat the amendment. Having as a law-making body solemnly accepted this construction of the constitution, thereby making It Im practicable again to appeal to the court, if this amendment can be defeated, this, the government of the people, for the people and by the people, 'will stand alone among all tho civilized nations of the earth shorn of tho power to tax that form of wealth best able to bear the burdens of govern ment. "That Is the scheme and plan, and such men as the great governor of New Tork is giving them great aid and comfort. Men say with great fervor of patriotism, 1 am In favor of this power being given to the government to be used at least in time of war,' and straightway proceed to help de feat the amendment If those who are the real enemies of this measure would come Into the open Its friends could deal with them far more successfully. J'Mr. President, no one ever saw this country tn Just the oondltlon It Is today. Never since this government waa launched has there been such a restless spirit among the great mass of the people, such ugly questioning, such persistent Inquiry. No part of the government seems to escape challenge or criticism, and It is fast be coming popular to scoff at the constitution Itself. An unquiet, dissatisfied, suspicious public mind Is the publio mind of today. Sees Defeat for Amendment. "Tou can defeat this amendment. In view of the class of men who are Joining the crusade against it I think you will de feat It The forces which propose to en compass Its defeat- will not stop on the hither side of the most disreputable meth ods to accomplish their purpose. But when the people learn what you have really done, the manner In which this has been manipulated. It will go far toward excit ing to renewed force that feeling of wrath, of class hatred already too strong among us. It will do much , to foster disrespect for and breed disloyalty to tho govern ment. When those who are ill able to meet the burdens' of -.government see Its enormous , expenditures continue to In crease, larger-armies" and larger navies, increased . burdens'jjaverywhere, and learn furthermore tha ll.this must be met by a tax on consumption while incomes which sustain. -luxury- and breed idleness and Idiocy go untkxed they will have little mercy with you lh the hour-. In which you must plead with tliem against radical changes in the government I do not know how long we can deal with a patient peo ple In this way. - But I venuture to prophesy, not much- longer." "I hope, therefore, the governors and legis latures of this country will be brave enough to do their duty In this matter. It Is time the people In this broad land be stir themselves upon this vital question before It is too late, to do so. It would be nothing less than a catastrophe If this amendment should be defeated. If we are going also to be tut Vjff from an appeal to the court. This Is In every sense the peo ple's fight" Conclusions of Senator Borah. Senator Borah outlined his conclusions as follows: 1. That the proposed amendment adds nothing to the taxing power of the na tional government. This power waa com plete, unfettered, plenary, before. It can be no more than that should the proposed amendment be adopted. 2. The proposed amendment does not deal or propone to deal with the question of power, which Is already complete, but simply with the manner and method of Its exercise and use of that power. S. No one has ever questioned the power Of the national government to lay an In come tax, for as was . said by Justice White, the question has always been "whether an admittedly unlimited power to tax has been used according to the in struction as to method.",.jnd It was to remedy the method alone that the amend ment waa substituted. 4. The words "from whatever snnrea" add nothing to the force of the amend ment, it would, m constitutional parlance, be Just the same -If It said "to lay and col lect taxes on Incomes without apportion ment" for who could then say that you would not hove the right to lay taxes upon all Incomes. The present taxing power would not be a particle stronger If it said to lay and collect taxes upon all property from whatever source. 5. To construe the proposed amendment so as to enable us to tax the Instrumental ities of the state would do violence to the rules laid down by the supreme court for 100 yexis, wrench the whole Institution from its harmonious proportions and destroy the object and purpose for which the whole Instrument was framed. 0. To cpnstrue It to cover thoe In comes from sources within the Jurisdiction and control of the sovereignty laying tho tax is to construe it In harmony with the principles given us by Marshall and fol lowed from that hour to this. Senator Brown Will Speak. At tho conclusion of Mr. Dorah's speech Senator Brown requtsted that the ques tion lie on the table In order that he might have an opportunity to pp ak on It. He said he hoped the amendment would be favorably acted upon by the states re gardless of Its effect upon the sala les of state officers and state seturl;?a. He thought that the fact tl at the amendment makes no exception in favor of anvcn might commend It to the puhlto and he expressed the opinion that the amendment would be acoepted. PILES CURED IX 6 TO 14 DAYS. Paso Ointment is guaranteed to cure any case of Itching, Blind, Bleeding or Pro truding Piles in to 14 days or money refund-d. Wc. I MORE THAN FIFTY-SEVEN KINDS OF SILK AT KILPATRICK'S SA LB SATURDAY AT 67 CENTS YARD. "-------"-- - - --,-,-,-irw.n.rwtrLrixuui-njTj-u-L WWW JilXjlI 3 OKI Fall We have about 150 men's spring and fall weight overcoats that we are going to sell CHEAP. Every coat in this lot is a REAL BARGAIN, and every man that buys one will save real dollars. They are not a JOB LOT bought from some would-be manufacturer of clothing for a special sale. Every coat in this lot was made by BROWNING, KING & CO., and the style and workmanship is correct. This sole in cludes all shades of tan, oxford, brown, grey and some light mixtures, in sues 34 to 48, and plenty of them in all sizes The prices were as follows $18.00, $0.00, $22.50, $25.00, $28.00 and $30.00 Friday and Saturday we will sell them at the low price of. Your time and money will be well spent. After this sale you will have to pay twice, perhaps three times, the price for coat as-good as we now offer Don't forget this sale starts Friday morning at 8:30 A. M. and will last two days if the coats last at this price. We expect to sell them all Friday, so come early. Browning, King R. S. Wilcox, Mgr. I . . . MEAT SCARCE, REPORT SAHS One Cause of High Prices is Lower Live Stock Receipts. SMAT.Ti7.ST IN FIVE YEAES Department of Commerce Presents Fin-nres Showing Large Falling; Off at Seven Leading: Markets Grain Receipts Also Less. WASHINGTON, Feb. 10 One contrib uting cause to the high price of meat, ac cording to a report of the Department of Commerce and Labor Issued today, Is the fact that live stock receipts for the year 1909 at seven leading Interior markets of the United States were the lowest since 1904. The total live stock receipts for the year 1909 in these markets aggregated 39.D43.726 head. Particularly did receipts of hrgs for the last year fall off. For each of the four years previous tolSW the ho receipts had been In excess of 19.000.(0) head, totaling more than 22,000,000 in 1908, falling to 18,634.641 last year. Cattle receipts In these markets for 190 9.189.S12 while comparing favorably with those of the previous year, fell below the totals for the three years before 1908 Sheep fell below those In 1906 to 1907, but compared favorably with 1908. Receipts of hogs at the Chicago market for 1909 show a decrease of 1,627,074 a compared with the year before, or a de cline of 19 per cent; receipts at Kanfsn City decreased 17 per cent, at Omaha 12 per cent at St. Joseph, Mo., 23 per cent, while the decline at St Louie was only 4 per cent. Total Cattle Receipts Larger. While the total number f cattle re ceipts at these seven principal markfti was larger than the year before, the 1909 cattle receipts at Chicago 2,929,806 head fell below the 3,000,000 mark for the first time rlnce 1002, constituting less than 3! per cent of the total for the seven primary markets as contrasted with 26 per cent, the average proportion for the preceding five years. The annual aggregate shipments of pack ing house products from Chicago 2. 161,963, 718 pounds were below those reported for any of the previous five years, says the re port. All the Items In the grand total with the exception of pickled beef and pork. Bhow large declines as compared with the figures for the previous years. The largest losses since 1905 appear under the head of canned meats, the loss amounting to about 70 per cent, and of lard, the shipments of which declined about S3 per cent since that year. The report also shows that grain receipts at fifteen of the principal markets during 19C4) were 744.624,038 bushels, which waa lower than for any year since 1904. NEW YORK, Feb. 10. Spurred on by Judge Swayse's charge that a combination to store food stuffs for the purpose of ad vancing the price is an overt act, the Hud son oounty crand jury today continued its Investigation of the big cold storage ware houses of Jersey City, In view of the court's decision that an.', combination to raise prices is a conspiracy. Prosecutor Garven counts on securing In dictments that ha believes will check the system whereby high prices are maintained In season and out. Agitation In New York City against high meat prices has simmered down and the only measure now In view locally is the cold storage regulation ordinance before the board of aldermen. No action on this measure Is probable for a week at least. Meat prices remain about stationary. STUDEBAKERS LOSE IN COURT Agreement Broken by Auto f'om panles t'pheld by Judge In Detroit. DETROIT, Mich. Feb. 9. (Speclnl Tele gram.) Judne Swan, sitting In United States circuit court. Southern district of Michigan, at Detroit, today handed down his decision in tho case of Studebakers against E. M. F. Automobile company, de nying injunction asked for by Studebakers to restrain the E. M. F. company from rescinding the sales agreement between the two concerns and marketing Its product direct This decision Is most important In that it finally determines the right of the E. M. F. company to contract with agents and dealers direct for the sale of E. M. F Thirty and Flanders Twenty automobiles and confirms the exclusive rights of deal ers and ager'a who have contracted with Spring Overcoats at the E. M. F. company since December 9, when the Studebaker sales contract waa tesclnded by President Flanders. Three Senators Will Defy Court Smoot, Bourne and Fletcher Will Not Respond to Order to Appear in Court. WASHINGTON, Feb. 10. Under positive instructions Senators Smuot, Dourneand Fletcher, the senate members of ths joint rlntiinj committee of congress, will not respond tomorrow to the rule issued by Justice Wright of the dlstriot supreme court requiring tfiera to appear before him. Their refusal was based on the ooner.ltu tlonal prerogatives of members of congress as construed by the senate. Martin Madden Must Pay Fine Former President of Chicago Building: Trades Council and Others Sentenced. CHICAGO, Feb. 10.-Martln B. Madden, former president of the Building Tndes council; M. J. Boyle, an official of the Electrical - Workers' union, and Kred Pouch ot, former business agent of the Metal Workers' union, were sentenced to pay a fine of $500 each today, folio 'vins their conviction on May 29 of conspiracy to do an illegal act. EXCLUSION BILL 19 REPORTED Hayes Measure la Directed at 'ap aneae arid Chinese. WASHINGTON, Feb. 10.-A bill by lltep resentatlve Hayes of California aimed at the exclusion from the United Sta'ei of the laboring classes of Japanese and other races waa reported favorably o ths huao today by the committee on immlgrsit on by a unanimous vote. Not for some time has the commute, before been unanimous on matters of Im migration restriction. R;presen'irlve Hayes' bill Is a lengthy one, embodying what the present law contains with the clause inserted applying to the Japanese, but without specifically naming tliem. Thj clause reads: "To exclude persons who under the pro visions of the revised statutes of the United States are ineligible to become cit Isens of the U rutted States, unless they are merchants, teachers, students or travelers for curiosity or pleasure." The statute mentioned defines el'gibl aliens as free white persons cr Africans by nativity or descent IT. C. T. Lodsjre at Esthervllle. E8THERVILLE, la., Feb. 10 (Special.) With the ceremonies In charge of A. V. Weldell, grand deputy counselor of the United Commercial Travelers of Sioux City, a local United Commerolal Travelers' lodge known as No. 4S, was organised here last (Pi CU3ED IN ONE DAY nunron'J Col, I Remedy Relieves tht h-d, throat acd tuogs almost InuneJlr.ta ly. Cbeck levers, stos DUcltarges ot the nose, takes away ail scbes mud j-c'.vt canted by colds. . U cures Grip and ob. xtlniue Cuuclit Prsrvnti l'ueuxUa. Tries 23c. Have yon stiff or two!len Joints. 39 test ier bow cbi'onlcV Ask your drbfglit for liuuyou'i Rbeumatltut Uemedy (.LiX soe Low quickly yon will be cured. If yoa have auy klduey or bladder troa- ple net Mullon mauey nemeay. Uanyon's VltalUer makes weal; strong tud r.:u.'.j lc; rjwtrs, MS Vh7 E- and IBWBTrAj fSKBBBSEKXBSi at & Co. Omaha, Nebraska night with the following officers elected for the year: Senior counsellor, A. J. Greutimacher; Junior counsellor, M. H. Bchloeman; past counsellor. J. T. Sanden: secretary and treasurer, Edwin N. Daum; conductor, John Hanson; pag?, Fred Tre vitt; sentinel, Harvey Cox; executive com. mlltee, E. E. Hartung. Sam Johnson, H. L. Shults and George M. West. George A. Relfsteck was elected chaplain., The members from Esthervllle who were taken In are J. T. Sanden, E. E. Hartung, O. M. West M. H. Schlooman, G. E. Groves, H. W. Cox, E. N. Daum, F. S. Wheelock. J. B. Leln, A. J. Greutimacher, G. A. .Nichols, John Hansen, L. L. Druley, Fred Frevltt, R. O. Varner. R, H. Wlckersham. Sam Johnston and G. A. Relfsteck. Those from out of town were C. G. Hoapers, Emmets burg; J. R. Flatt Spirit Lake; John D. Broadgate, Rock Rapids; F. A. Fisher. Dows. This is the only United Commercial Travelers lodge in northern Iowa west of Mason City. ' ' ' -' MORE THAN FIFTY-SEVEN KINDS OF SILK AT, KILPATRICK'S SALE SATURDAY AT 87 CENTS YARD. The Incomparable Victor We put on sale today the great est triumph of Victor recording In the "Miserere" duet by Caruso and Alda with Metropolitan Optira House chorus Record No. 89030, There Is not a Victor Owner who should not own one of ' theAe records. Call and hear It, or 'phone your orders. ' We also put on sale today then w.,.f .4 u a 9 i rvui u juauw u uuiuuiunuer Robert E. Peary, describing In great detail his discovery of the north pole. No. 70012, $125. ; Victors, 310 to 8G0 ' Vlctrolaa $125 to 8200 Easy Payment . if Desired Piano Player Co. OLD BOSTON STORE Sd FLOOR AMUSEMENTS. BOYD T0.IIG.IT Tomorrow Matin and Bvnlil THE SOUL KISS With rortlna, the Europe aa JDnsense Sua., Mon., Taes., Wed. Mam. and Mr. Henry a. Karri Presents -' ROBERT EOESOH is his greatest snoosss "A MAN'S A MAS" Beat bow selling. ' W 4DTASOBD TinDITttlB Matinee Bvery Day, SilS. evening p.. lormaaee, 8:16. This week: Charles th. First lien Welch, Emily B. Green A Co Ths Three Klos Sisters. Qulnn and Mltchl ell, Hopkins and Axtell. The Two Arl kansss, ths Klnodrome, and the Orphaunv Concei t Orchestra. Prices: 10c, tie and I0 , f O I If; nraiTss moss, & iSc-SBe-ooo-TSa. , TOIlOET-iUTmi a.TUBJDAT THE SQUfllV r.lAf USTDAT JTOMAsj UMAMT9. itrZr Daily Mat-U-aS-BOe. Twice Dally all week closing Friday night -BAM HOWS aad hie Rlalto Rounders HTKATAOAirSA AJI9 VA VDKTX&U! -Ladles' Sims Matinee Dally at Slid A gat. Mat. A Night, Win. Grew Co. In doK , dy-drama. "Just Plaiu Folks." Pap. PriuJs Bun. ( days) "THai MKRHY WillRU" tj!r a 2