The Omaha Daily Bee . Looxinf Lackwa.4 This Oay la Omiaa tTtlrt Twenty Tea Tsars Ago Se Editorial Fage of lut las as WEATHER FORECAST Fair; Warmer VOL. XU-T0. 128. OMAHA, TUKSDAV MORNING, NOVKMHKU H.Vlittl-TWKLVK 1WUKK. SINOLK COPY TWO CENTS. YBjAN SHI KAI IS BACK INVl'EKIKG Strong Km of China, Who Was Ex iled Three Yean Ago, Return ' to Capital in Triumph. WILL UOT ACCEPT PREMIERSHIP Will Adrise with the Throne on Plan to Meet Situation. HONGKONG- IN HINTS OF REBELS Report that Province of Chi Li Has Proclaimed Republic. 'JAPANESE CRUISER AT AMOY Women smd. Chlldrea of Missionary Families In Interior Com lac to Amort Has Men Remain at Their Posta. PEKING, Nor. 11-Yuan Bhl Kal. ac companied by 1,000 troops. v today made a triumphal entry Into the "capital trom which he vu driven In disgrace tliroo year aro. The news tnat "the strong nan of China" had at last been prevailed on to return and give the tottering throne the benefit of his counsels leaked out be Xore his arrival, and a vast but silent and orderly crowd lined the route from the railway station to the temple which haa been provided for his residence. Tuau looked hale and hearty, his ap pearance belying the recent reports of Ms physical condition which had been made an excuse for his delay In obeying the Imperial command to come to Peking and assume the responsibilities of premier la succession to Prince Chlng, which ap BolntmenCVwss promulgated In an Imper lal edict p November 1, 1 - In communications to the government Yuan has expressed his unwillingness to ssume office, and whether he aould be persuaded to reconsider this decision has keen a question of much speculation. Will Nat Aeeept Premiership. ' LONDON. Nov. U-Cable dispatches from Tien Tsln announce that Yuan 8hl Kal arrived in Peking this morning. He will bar an audience with the regent to day to discuss the situation. It is said thst Yuan will not accept the premier ship. BAN FRANCISCO. Nov. 13,-Hongkong la In the hands of the revolutionists and the province of Chi 14 has proclaimed lis Independence, according to advices from Shanghai to a local Chinese news paper. The cspture of Peking again Is reported. . Hongkong, tha 'message continues Is preparing to celebrate the Inauguration of the new Independent government of Canton. A Hongkong dispatch to the newspaper Chung Sal Yat Po says the revolutionists' government. tu Canton. Is considering a proposal to subsidise all progressiva - ewpaperr'";'"f'"' - r . " " Japanese C raiser at Amor. ' A MONT. China, Nov.- 13.-A Japanese cruiser arrived here today. Warships of Japan have been within two hours' call by wireless, but have not before ap proached the harbor because of the dis trust, felt by the Chinese toward - any action which appeared like Japanese In terference, - The Tartar General Hai-Fong-Tlng has fled to "Kulangsu. General Soon Tlow Lions, who had been held a hostsge In the palace of the Tartar veneral. appeared foday and notified all of the officials In southern Foklen province to remain at their posts and preserve order. The women and children of the mis sionary families have been summoned to Amoy, but the men continue their duties at the mission stations. A report from Chang-Chow-Fu says the city was taken by the revolutionists last night. Seventy per cent of the popula tion fled. There was little violence, but much thieving. ,; . Foo Cnow reports an improvement In the situation there. . Foreia-aers Leaving- Nanking. NANKING. Nov. .-The American and other foreign consuls and foreigners under their prptectlon will move out of the city Immediately. The commanders of the (Continued on Second Page.) THE WEATHER FOR NKBRASKA-Unsettled; warmer. FOK IOWA Increasing cloudiness; east portion, warmer, i Tnupoim.ii) at Omaha Yeaterit-T. Hours. Deg. ( a. C a. 7 a. 8 a. 9 a. 10 a. 11 a 12 in 1 P. in.... m.... in.... m.... m.... fa.... in.... m.... m .'. . . m .'. . . m . . . . m.... m.... m.... 19 ) 22 23 2ti 30 .3 SS 40 41 41 4:1 43 42 42 41 ' That reminds ms 414 ant r4 about wsUr pip o-entng p lut Fourth ot July. Comparative Loral Iteeord. 191 L 1910. 1909. 190. Highest yesterday 43 4! 41 'SI Ixiwest yesterday H & 37 1Z Mean teinpera'ure ti v3i 3a 2i Precipitation HO .00 l.S .11 'lei. -Hi mures and precipitation da pajtuna lioin the normal: Normal tenierature , 3$ Ificiency for the day 10 Total excess since March 1 mj Normal p.e. Mixtion 4 incn iefW'lciicy for the uay 04 Inch Total rainfall since March 1. .13 08 Inches efi-!ency since March 1......1I.S0 Incites eficency for cor. period. 1H10. 14.13 inches leticitncy for cor. period, liM. 1.29 inches He parts from gtstluna h 1 1'. M. Ptatton and Temp. High- Rain- P'.at of Weather. 7 p. m. tst. ta 1 Cheyenne, clear 40 il .09 Isvenpnt, part cloudy., tn 32 .00 lenver, clear , W 00 .00 1 Molnea, cloudy ...... 3 3H .) ltudse city, part cloudy.. 44' to " . Ijtnd.r iloudy 43 44 .00 North Flatty part cloudy 34 1 4t ' .1 Omaha, cluuily 43 43 .X) 1'ueblo, clear 63 tl .l ltapid X'lty, cloudy 14,, 23 .00 Kalt Lake City, cloudy.. 40 43 .00 fcau I a '. rainUlg 34 44 .04 Gherldan, eloudy 21 ?H ,u0 fclous City, cloudy M tr Yaicotln, cluuily U 33 .00 'i ' auiLk. . net u. i- e' I' ..Uon. JU A. WEIII. Local Fvrecaater. Health Department May Intervene in New York Strike NEW YORK, Nov. 13. If the garbage gatherers' strike Is not broken today the Health department will step In to stve New York from' the evil effects of som t0,"00 csrt-loads of refuse that has ac cumulated since the men who drive thr street cleaning department's wagons quit work, because they objected to night hours. Fear of the strikers snd their friends has kept professional strike breakei a from accepting the high wages tho city offers for substitutes and dread of the teamsters' union haa prevented contrac tors from bidding to perform the work usually done by tha city department. Actually the Health department Inter vened today when Its men took oH several hundred barrels of tllstnftrtan to sprinkle on the piles of rotting garbigi In the pjorer snd more thickly populated districts. The police believe the severe clubbings administered to Some of the big mobs that gathered yesterday have taught the strike sympathisers a iwon. Although yesterday's riots were thp must exten sive the police have lad to cope with since the strike begnn. there were ni fatlll tles and few hospital cases and the num ber of arrests have been remarkably small. Trans-Mississippi Congress Meets in Kansas City Tuesday KANSAS CITY, Mo Nov. 13. All preliminary arrangements for the annual meeting of the Transmlssisslppi Commer cial congress, which meets here tomor row, have been completed, and hundreds of delegates have already reached the city. Features of tha opening day will be ad dresses by Nelson W. Ahlrlch, chairman of the National Monetary commission; Henry I Stlmson, secretary of war, and O,' M. Hitchcock, ITnlled States senator from Nebraska, all of whom will speak at the afternoon session. W. E. Borah, United States senator from Idaho, will speak tomorrow night. One of the important questions to be considered by the congress this year will be the Improvement of the Inland water ways of the country. River men from all over the United States will attend. Four Indian pages, u Bloux, a Crow, a Pueblo and a Navajo, nave been appointed to serve on the floor of Convention hall, where the meetings of the congress will be held. Prominent Indians will be on many of the delegations and will make addresses. Senator Owen of Oklahoma, who has Cherokee blood In hie veins, will be one of the principal speakers. Bankers Suggest Minoihansin: "lopTsed'taw ', CHICAGO, Nov. tt Minor changes in the national banking laws were dis cussed In meetings by members of the United States Monetary commission and bankers of the ifriddle-west,' which ended here today.' The re-codlflcatlon plans are now complete, It was said, snd In shape In which they will be presented to con Kress. The changes agreed on here. It is understood, applied chiefly to the admin strattve feature of the law and out lined more distinctly the duties of the comp troller of -the currency. Former Senator Nelson W. Aldrich cut his stay a day shorter than the meeting called for and departed for Ksnxas City to address a meeting of the trans-Mtssis-olppl Commercial congress tomorrow night. Other men. -rs of the commission departed for their homes. Among the out of town bankers who met with the commission were John Mo Hugh, First National bank, Sioux City, la.; Arthur Reynolds, Dcs Moines Na tional bank, Dea Moines; Luther Drake, Merchants' ' National bank, Omaha, and B. H. Burham, First National bank, Lin coln, Neb. Two Women and Little Girl Murdered in Brooklyn Home NEW YORK, Nov. IS -Mrs. Mary Lo faro, her 6-yeaj-old daughter, Bosie, and her mother, Mrs. Antoinette Zerana, were murdered in their home In Brooklyn to day. The crime was committed with a revolver, each victim being shot through the forehead. An Infant unhurt and Numbering in a curtained cradle in the .com was later found by Adolph Lofaro, husband of one of the slain women, when,' shortly after noon, he came home. He told the police that he found no wea pon. Twenty-four dollars, which his wife had placed In a china closet, wus missing, he said, but nothing else. Aviator Rodgers is Still Unconscious PASADENA. Cal Nov. 13. -Suffering from concussion of the brain and still unconM.-ious Aviator Gulbraitli P. Rodgere today was unable to tell anything re garding the accident which nearly mat his life while he was trying to complete his ocean-to-ocean flight. There has been nothing but surDilxe so far to account for the mlxhap through which he lost control of his aeiuplane while flying through the darkness and plunged 125 feet down uiKn a plowed field near Compton, half way between Loa Angeles and I-ong Beach Dr. Mattlson said he expected Rodgers to recover. Hodgtrs la being attended constantly by his wife and mother. DECISION IS BLOv 10 THE MOTION PICTURE MEN WABHINUTo.V. Nov. 13. Moving pic ture show promoters received a blow this morning alie.i the supreme court of the I'nlted Htate decided that moving pic tures based on tho scenes o a copy lighted book may constitute an Infringe ment of copyright or tha reserve rights to drsmatlae. "BEAU POOLS" TO liE INVESTIGATED Wickersham Says Does Not Under stand How Such Combination Could Be Restraint of lrade. AWAIT DECISION ON "BULLS" Representative Aiaen Protests in Be half of Cotton Growers. THREE-CENT DECLINE FORCED Conspiracy Alleged to Cause Reduc tion in Price. LOGIC OF ARGUMENT ADMITTED Attorney Aareea If t ornrrins Mar. ket to Increase Prlrvs Is Illegal Similar Aetloa to Oeereaae quotations la Unlawful. WASHINGTON. Nov. IS. -Responding to a request by Rcprcsentatl vn Aiken of South Carolina that the federal govern ment undertake the proxecutlon of "bears," who, it Is alleged, aro engaged in depressing the price of cotton to the financial detriment of the southern pro ducer. Attorney General Wickersham frankly admits he does not understand the workings of a "bear pool" or how such a combination could operate in re straint of commerce. In correspondence made public today, It is snid by tho attorney general that he has no tangible evidence of the exist once of any such pool and request Mr. Aiken to furnish him with any detailed Information ho may have Indicating the formation of a pool for the depressing of th$ price of the south s great staple. The government's future course In con nection with all corners, Mr. Wickersham Intimates, will be governed largely by the decision of the alleged "oSjlls," charged with cornering cotton to Increase Its price. "If the court should decide the essen tial question Involved." he says, "and not let the case go off on a technical terter of pleading wo shall have some HBiit wincn win ue of aid to the enforce ment of law against other combinations r a like character." Mr. Aiken declores that if n, -...... ment had the legal right to , proceed against a combination of speculators whose purpose wus to force up the price uuium, u nas the same legal right .prosecute a combination sneklnv to depress tho price of the same commo dity. Aiken Invokes Aid of Logic. "It Is OArtafn ' V. . .1 . 1 .. , ,. 1 . . ., . i .u'in lijui. near pressure' on Wall street has forced a decline of fully 3 cents a pound in the pieseni market, thereby robbing the south of approximately $105,000,000 and vmg ii 10 foreign spinners. This de ine has been brouaht about hv i.. Dear eietv.iif.t .,vip.MUiiin . . , - v. .Mini wi m mirnvt, i Publ4Wae-;rtv --mlsteatirfir ItraTeH" 1n4- ari.t .Ml.l..r.-. . . . .t I. ' ' - wviiiuiiiiiim m xHfn Olivers i,iif of the- market." The attorney general agrees with Mr. ll.en on the general proposition that cornering a nrodiiet uM,.i i. In interstate commerce, for the purpose r increasing its nt-ice Is llleirul iimii.. cornorelng for the purpose of depressing tna price is likewise Illegal. 1 he formation and operation of a bull" oorner to Increase the prlbe of commodity, he adds. Ik ilr. hut I. docs not understand by what process near pool is organlied and conducted. 'Moreover." he rnniinnni "it . clear in my mind how such a 'bear pool' can operate to restrain Interstate com merce. Traction Boycott at Fort Russell is Broken by Blizzard CHEYENNE. Wvo . Nov 13 a.,.i.i The boycott against the Cheyenne Elec tric street cars was broken during the re cent bllszard. when fifteen soldiers Doarued the cars near tho boulevard after battling In vain against the snow and high wind. The soldiers said thev .n..M rather take the punishment meted out by me Kangaroo court at Fort Russell than run the risk of freezing to death on the prairie. This is tho first time since the boycott was established last July that any considerable number of soldiers has usea the cars. In a few, Isolated coses officers and enlisted men have ridden on the tars, only to be met at the post by representatives of the kangaroo court. The trials and convictions ami Inrlictinir of punishment required but little time, and the sentence of the court was usually so severe that the offending officer 01 enlisted man did not care to uoe the cars again soon. Police Say Papineau's Confession is a Fake CHICAGO, Nov. lX-PoJica Inspector Revere, after a thorough Investigation unlay hsld lie was prepared to dis credit the confession of George C. Papln- eau. made at Bt. Joseph, Mo., In which t'apineau tald he murdered a man named A'llllam lllake In Chicago last J una. "Puplneau told tho lilaka murder story in order to be brought back to Chicago and escape trial and possible punishment at Bt. Joseph," sal. I limine tor Revere. The police said they had learned that n June K lie date of the alleged mur- jr Paplneau was found overcome by he heat on the North Bide and was taken .0 a hospital by the police department. inspector Revere said that I'aplneau will not be brought back to Chicago. UNIONIST CAUCUS ELECTS LAW TO SUCCEED BALFOUR LONDON. Nov. R-The unionist caucun at the Carlton club today tarried out the prearranged program, unanlinuus'.y ejecting A. I loner Law, leader of the party In the House of Commons. Mr Uw election commits the party more thoroughly to the policy cif protection, A telegram was leceivrd from the head of a well known whisky distillery at Glasgow announcing a gift of !0,0u0 toward a iotjilonit ccinpalgu. From tht MInneaMlls Journal. FORTY-SEYEN IN DANGER i Steamer Wasliinffton Being- Drivea Closer to Rooks Off Astoria. TWO OF CREW SWEPT AWAY Thar is Llttla Hope (or Aar on ana 1.1 irsa vera" fasl . Work. ASTORIA, Or., Nov. 'LvA."rlpled and drifting before a southwest gala with a furious ,sea running, th-team schooner Washington. Portland to Kan Francisco with forty-seven persons aboard, ap parently Is doomed to destruction on the beach between Cape Disappointment and North Head Just outside the Columbia river bar. Tho fate of Ita twenty-five passengers and crew of twenty-three men is In doubt. Already two of Ita crew have beeri washed overboard and drownned end the United Mates life sav ings craws are not hopeful that any of those on board the vessel will be saved. An effort to reach the craft with life lines or boats has failed. Unless it drifts close enough In to permit lines being shot over It ' the ship's company Is doomed. The sea is llteralfy boiling and to launch the life boats would be sui cidal. The Washington got Into the breakers while outward bound early last night. It In deep In the ' water and evidently leaking so badly that Us fires are out. The anchors are dragging slowly, and under the eyes of the helpless life savers the ship Is edging steadily near destruc tion on the beach. Beveral tugs which went to the scene from this port wero' unablp to render assistance. Cases of Mrs. Quinn and Mrs. Vermilya 60 to Grand Jury CHICAGO, Nov. 13 The November grand Jury was sworn In today before fudge M. M. Grldley. Among tho cases which it will investigate ore those of Mrs. Louise Vermilya and Mrs. John Quinn, both of whom arc being" held In the county Jail. Mrs. LouIho Vermilya, accused of the murder of Arthur Hsonette, hits ordered the sale of all her household good, tha bulk of her other personal, property and surrendered the lease of her apartments at 41B East Twenty-ninth street. The accused woman told the attend ants at the county Jail hospital, where she is a patient, that the sale of her be longing was neceexary In order that she might raise money for her defense. ...e owner of the building In which she lived. t Is said, demanded the surrender of the lease becauxe of the notoriety which has been attracted to the premises by the por.ee' Investigation. WISCONSIN RIVERS FROZEN OVER EARLIEST ON RECORD LA CliOHHE, Wis., Nov. 13.-The Black and I.a Crosse rivers here froxe over during the night, and ' the Mississippi, while not entirely closed. Is partially frozen oved. This Is the earllst closing of the river on record here. The tem perature today uk Hd at ( above ser, marking one of tho coldest November days In years. Itrrrlvrr for Oak I'ark r'.letalrd. CHICAGO, Nov. 13. Pamuel Insull heavily interested financially In the mnr gr of the elevated Hues in Chicago, was appointed rrcHrr for the ChlcK'& ok Park Klevat.-d ralltoal by Judge f. C. K'h!aut In the I'ntrd Btats circuit couit today noon application by the Cen trtl Trust lonipany of New York. Dry at Last President Confers : with Wickersham About Trust Laws WASHINGTON. Nov. . 12. llesiilent Taft today discussed with Attorney Gen eral Wickersham the sdvli'.ti'.'.ity of supplemental antl-tnint lenWlatloti at the jwnililg ,'(eATriTi"vor'roii5;rcs. TTTO'-KSM'." frtl-enc related particularly to- the like lihood of passing n federal Incorpora tion act. 1 ' 1 It was pointed out that a provision of this kind might be made to allow cor porations whose method of doing busi ness was In violation of tho Hherman ntl-trust law to reorganise under a fed eral act. It Is known that the president has In mind renewing his recommendation along these lines In his messuge to con gress. . Senator Bmoot today expressed the opinion that it will be Impossible to pass any antt-trust legislation what ever at the coming session. Senator Bmoot said he believed that proposed currency reform legislation was In about the same position and he doubted seriouhly the Aldrich plan would be adopted now. Tariff legislation was sura to be passed and he envected to are the wool, ootton and metal schedules revised. , , ' , ' V ' Wednesday 1 tho president will go to Frederick, Md., to address the As sociated Boards "of Trade ot the state. Mrs. Larson Flatly Contradicts Charges Made Against Her NORTH WOOD, la., Nov. 13.-Mrs. Klta I.rfcn, charged with the attempted poisoning of her father, Douglas Roden. baugh, a wealthy cattle man, declared today that the charge was a conspiracy to wreck the futures of herself und her husband, Chrtstiiiu Larson. SI10 entered a flat contradiction of all the evidence previously Introduced by tho prosecution, Including that of Marlon Rodenbaugh, her sister, her futhrr and mother und brother. Mrs. J .arson tuok the stand in her own behalf, when Judge Clyde opened court this morning and remained under the cross fire of questions much of the day. Answering her attorneys, the defendant declared Willi considerable emphasis that she had written none of the ten letters In which threats had been imidn against Marlon Rodenbaugli. If she told the authorities of n poison plot. Peoria Hotel Burned; One Fireman Killed PKORIA. III., Nov. 13.-At 8:45 o'clock this morning the fire department hud ihe flames under control, but was still plying several streams on the remains of the National hotel, the largest hotel In the city, which was destroyed last night at 11 o'clock. Chester Monbrrey, a fireman of No. 7, was Instantly killed by the falling of the smokestack In the rear part of the build Ing. He was a single man. That none of the guests was killed or seriously Injured, owing to the lateness of the hour, Is a miracle. Robert B. Collins, a New York travel ing salesman, slept two hours during the progreHS of the fire and was rescued with some difficulty from the third floor. He sppesred at the window and seemed dazed, not knowing what hud happened, and illi-ai peartu. A few minuter later a ladder was sent up and the firemen as s sled him down the ladder In his night clothes. The loss Is estimated at $190,000, covered by Insurance. FRIGID WAVE GRIPS EAST Ccld Weather and High Winds Stoj Boat and Wire Traffic. MANY DEAD IN MIDDLE WEST Uatenslv Damage by Tornado that .iB,,.? 4 "Sevrrnl .Llvra' at . Janes-rill, W,U.HIrrrVnl .''0- I'rosrn to Deatal' v' : DIM Alt V OF MTOItM DAMAGE. Janesvllle. Wis., and Vicinity Kin persona dead, two dying, doien Injured and 11,000.000 damsgn done by tornado. Chicago Two men frosen to- .death, seven llshcrmeii missing on Lake Michi gan, many persons hurt on Icy pave monts; shipping damaged. Central Illinois Throe or more persons dead and score Injured in storms at tt.imon, Virginia, Peoria and other places; M.OOO.OU) property damage. ' . lowaOne man froaen at Ottumwa; much suffering from cold. North Dakota One man frosen at Grand Forks. , , , ' Indiana Whole state swept by bllixard; 1 .ooo.ouo damage, by wlr.d Ohio-Much damage and suffering caused by cold, wind and anow! . Michigan Atorm damage . at several places by wind and slid. Kentucky Widespread damugs by wind; unusually Cold. , Gulf" Coast I'nusuuily scvcre weather, much suffering. . , ' Missouri and KaiiHii.1 Gua supply for heating low; much suffering at Kansas City. NKW YORK,' Nov. 13.-The told wave that chased Into the Atlantic soma of ths balmiest Indian summer weather New York ever hits enjoyed, tightened Its grip today and sent the mercury down to 1 degrees. This minimum, recorded at S o'clock this morning, meant a fall of it degices since 1 o'clock yesterday after noon. The galo on which the frigid wcatl.or rode Into tijwn continued today at thlr-ty-elght miles an h-'iir. Few small boats ventured to sea outside New York harbor and report of marine disasters aro ex pected. Tho steamship Vigllancia reported ut Quarantine this morning that on Its way In It had passed tho schooner Henry Withlngton with Its sa's blown away, anchored about ton miles southeast by uth of Kcotlund lightship. The high winds have crippled who ser vice and the telegraph lines to the west aro doing but.lnc" under great difficulty. Ihree llrunu at evr llavru, NKW 1IAVISN, Conn., Nov. 13. -Tho schooner Witch Hasel from Ntw Vorlt for Provlncetown weut dawn in the Hound of New Haven during the storm of last night. The captain und three men were drowned and two others wire saved. Old llua I'ruien to lleath, tJREKN BAY, Wis., Nov. 17.-Eugene Dewarsegers, 7 years old. was frosen to death on a country road, while returning to his home yesterday. Ills body wus found today, lying fae downward In a pool of water. Lake Wluiins Prose a Over. WINONA, Minn.. Nov. lJ.-Lake Winona and other bodies of water near here have frocen over as the result of the cold weather since But unlay night atid h e Is floating In the Mississippi river. Three Frosen to Death In Chicago. CHICAGO, Nov. 13. The cold weather claimed another victim here today, mak ing the third since the winter weather struck Chicago 011 Saturday night. Wil liam J. Johnson, tQ. years old. was tound uiicousclouai from the cold on a north side street and died In a police ambulance (Continued vn Becond Pr.ge.) RAILROADS MAY PAY. ELLVATOIIS. Suited States Supreme Court Makes v Final Ruling in Peavey Grain ' Transit Case. ASE FROM TILE CIRCUIT COURT .ailroads Vitally Interested in Out come ot the Suit .LVERSAL FOR HIE COMMISSION Holding- Was Charge Clear Viola tion of the Law, JMMIRCIAL BODIES TAKE PART rctalnn Groves Oat of Penver Caac llrnnaht Iff 1OM, and Settles Mooted 0 notion t.nuw Before ( onrts. (From a Staff Correspondent.) WASHINGTON. C, Nov. 13.-8pe- clal Telegram. )-The United States- su preme court today In a far reaching opinion, decided that the Interstuto Com merce e mmlsion had no power to pro hibit railroads from paying to elevator operators compensation for "elevating .... il tl'IMielt." . . ins decision grows out of the to-culled .nvoy rasa which came Into promin ice In 190. when the Interstate Com erce c mmlsslon held that an elevator .srge waa specific violation Of the In itiate commerce act but which decl jn was set aside by the United States rcult court for the western district of issotirl on the ground that the com isslon had no right to Issue such an dr. tallmads lit tha middle west, espe- ally! In the trns-Mlslasippl c untry .ned with Peavey A Co.. of Mlnneap .s, Omaha, and other cities In resist- . g the right of the commission to make s ordtr it did. Hoards of traue and .ambers ot commerce likewise joined In ' ntest until the case became one f ut ost Importance. ' Probably the greatest commercial Inter sts In the Mississippi valley t were In- olved In the contest. The Union Paclflo iiid other roads with eastern terminals t the Missouri river cltlrd contended that .nless they were permitted to pay ' for ilevatlon of grain In transit they would m driven out of the business by the com petition of roads that do not terminate at dissourl river cities, , Railroads with terminals at thene cities ut In a similar complaint. Elevator men, through the respective boards of trade, declared their business would be ruined jy such an order. ; . . , , Tha railroads running east and west of " Jie Missouri river were In favor of tha order. Kt. Louis and other grain, centers on the Mississippi river also favored It. In holding that 'the, oemmitafon could not jmnun such pn. ordtrthe circuit -eoui t. , 'ild the law'. merely gave li commission power- tn sea that a just and reasonal.h, rate was fixed ftu the servtoe of oleva. ' tlon. a part ot transportation whkb tlu ' railroads must furnish on demand. Prom this the court arrived at the conclusion ' that the commission by Implication was forbidden from prohibiting af hompensg tlon for elevation of grain. The commission considered that Teavey A t.'o., owners of elevators ut Missouri river points and a big shipper of grain. likewise would unjustly profit by the al lowance for elevation to Peavey tk Co. In announcing the opinion of the court today, Justice Holmes said: "The Uw does not attempt to equalise the location of men." . ; ., . Tha supreme court held that the order ' of tha commission rejuolng th allowance ' for elevation to the cost .of tha service, . namely three-fourths of a cent, should be allowed to stand. The court also allowed ' to stand the so-called Peavey order : of lJ Insofar as It- confined' th allowance : to grain reshtpped within ten days. Ex- ;t cept as to these two points the decree of '. tha United HtaU'S circuit court (or West- "' ern Missouri In regard to. tha elevation charges was affirmed.' 'Charles J. Lane, general freight agent of the Union Pacific, when told of tho aupt'emo court decision said that from the meager reports he should consular 'it", a complete vindication, ot U Position .ken by the Union Pacific In making Us contracts with tho big elevators. . Home of these contracts have still some years to run and It is possible the payment of elevation charges muy be resumed. CHCAGO GIRL SHOT BY ' SWEETHEART IS DEAD CHICAGO, Nov."1 Mls Bertha At wood, 2i years ld, who Ms supposed to have come to Chicago from New Orlesns and who is believed to have had -a sister In HL Ixmls, died In a hospital here to tin y, the result of having been shot In the neck last .Monday by her sweetheart,' William J. Grush. . Grush committed suicide directly, after he hud shot the young woman. Tha shooting is said to. have followed . Miss Atwood's refusal to marry Grush. Tickets to Amerk can Theater. Doxea of O'Brien's Candy. , Dalzell'a Ice Cream Bricks. AH ar given away frea to thoso who find their names is tha want ada. . , Read the want ada every day; your nam will appear soma -time maybe mora Lhau once. No pussies to solve nor ub gcrlpttons to get Just read the want ads. '.' '. Turn to the want ad pages . there you will find nearly every builnees bouse in the city rev resented.