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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 17, 1913)
The Omaha Daily Bee FMctureu Tell ttie Story. Another fine rhoto portfilio that haws Omaha rising from Its tornado wreckage. Bend copies to your friends. At The Dee office 14 cents, by mall 12 cents. THE WEATHER. Fair; Warmer VOL. XLII NO. 312. OMAHA, TUESDAY MORNING, JUNK 17, 1913-TW1CLVE PAGES. SINGLE COPY TWO CENTS. TWO-CENT PASSENGER FARE ACTS OF THREE STATES jRE UPHELD Supreme Court Affirms Laws Passed by Legislatures of Missouri, West Virginia and Arkansas. FREIGHT RATES ALSO VALID Court Holds There is no Interference with Interstate Trade. FEW EXCEPTIONS IN MISSOURI Tariffs Prescribed for Some Lines Are Confiscatory. OREGON RATES ARE ALSO GOOD Opinions Which Ate hy Justice Hughes Affirm Principles Pro mnlKated In Mlnnesotn Ilate Decision of r Week .o. WASHINGTON, June 17.-Valdlty of the two cent passenger laws and max. mum freight rates In Missouri. West Virginia and Arkansas were upheld by the supreme court today In another series of decisions In the noted state rate cases. No doclslon was announced In the Ken tucky case. In the Mlssouhl case the great majority of rates contested by the railroads as confiscatory were htld valid. State freight rates established In Oregon also were approved. All claims that the state laws attacked Interferred with Interstate commerce Were swept aside, following the precedent set In the Minnesota rate decision a week ago. In the majority of the Missouri cases and In the Arkansas case the court held the railroads had presented too general data on which to base a claim that their property was being taken without com pensatlon through the operation of the. new state rates. Justice Hughes said the question of Interference with interstate commerce was decided in favor of the state for the reasons assigned In the Minnesota rate decision. No question of confiscation was presented in the West Virginia case. Missouri Cnse Decision. In the Missouri rate cases the supreme court held the rates confiscatory on the St. Louls& Hannibal, the Kansas City, Clinton & Springfield and Chicago Great Western railroads. The court held the rates valid as to the Bt. Louis Southwestern, the Missouri Pa cific, the St. Louis, Iron Mountain ft Southern, the Wabash, the Chicago, Mil waukee & St. Paul and the Chicago & Alton. The court also sustained tho rates of the Missouri law as to the Chicago, Bur lington & Qulncy, the Atchison, Topeka Santo Fe, 'the Kansas crty Southern, the Missouri, Kansas and Texas, the Chicago, Rock Island & Pacific (Includ ing the St. Louts. Kansas City & Colo rado) and the St. Louis & San Francisco. In all of these cases the decrees of tho lower courts in favor of the railroads were reversed. The decision holding the rates confis catory as to1 the Chicago Great West ern, was made to apply by vlrtuo of stipulation between the state and the railroads, to the Qulncy, Omaha & Kan sas City railroad, and the St. Joseph & Grand Island railway. The decision was based on the two-cent passenger law and the maximum freight law. Justice Hughes, who announced the decision, held that the point sought to be made by the railroads, to the effect that the Missouri rates were an Inter ference with Interatato commerce, must be decided against them for the same reasons given by the court in the Min nesota rate cases. Oreiron Freight nates Good. The supreme court todayupheld as valid tho rates imposed by the Oregon railroad commission out of Portland, thus affirming the federal court of that state. The Ortgon rate cases consisted of two suits brought by the Oregon Railroad and Navigation company and the South ern Pacific company. That by tho Oregon railroad and Nav igation company was brought to restrain the enforcement of an order of the rail road commission of Oregon made April 22, 190S, prescribing freight rates. The principal ground of attack was that the order and rates named would be an un constitutional interference with Interstate commerct. In the case of the Southern Pacific (In which the Oregon and California rail road company was joined as complain ant), the suit was brought to restrain the enforcement of an order of the rail road commission made September 2L iilO, prescribing freight rates. Not Itesponslble for Flood. The supreme oour t today decided that tho " federal government was not financially responsible for tho flooding of triors than 100 plantations on the Misslppl as a result of levee construc tion. Efforst were made to hold the government responsible 'or the value of the ' lands flooded, in all about $7,000 KX). At 2:16 o'clock the supreme court adjourned until next Octo ber, without announcing a decision in the lntermountain rate cases or passing n an application for a review of the Sompers'Mltchell-Morrison contempt of iourt case. Applications for re-hearlngs of the cut rate patent decision and the Denver wa )er case were denied. Fartlal Victory for State. The constitutionality of a state 2-cent passenger law of a maximum freight law was determined In the Minnesota ease, where the court held that a state bad a right to pass such laws, provided tho- rates imposed under them were not nflscatory. This application was made to the Missouri case today. The decis ion is a partial victory for Missouri aa the lower court had held the rates con fiscatory on all the roads. In the cases In which the rates were held confiscatory, the supreme court to day modified the lower court's decrees o that the railroad commissioners and the attorney general of the state may (Continued on Page Two.) CURRENCY MESSAGE READY President Wilson Probably Will Read it to Congress. INSISTS UPON ACTION NOW Senator OTten Says Talk of no Leirls Intlon No it Comes from Persona AVho Do .Not Wnnt Any Action nt All. WASHINGTON, June 16.-Presldent Wilson probably will read his currency message, possibly to both branches ot congress assembled In the hall of the house, as ho did his tariff message. He finished writing his message today. It Is about 1,200 words long and urges Immediate revision ot tho banking and currency laws. The president expects tho currency bill to be reached In both houses ot congress some tlmo this week. It represents tho administration's views, and, according to Mr. Wilson, himself, tffll bo "no man's bill", but the result of common counsel among currency advocates, whoso sug gestions wero condensed and formulated by Secretary McAdoo of the Treasury department. Chairmen Owen and Glass of tho senate and house, banking and currency committees, respectively, with the ndvlco and assistance of the president At tho regular semi-weekly conference with the Washington correspondents to day, the president was asked for tin ex planation of somo ot the principles of currency reform, but said that Inasmuch as the bill and his own message would be made public within a week, ho would refialn from comment. The president was undecided as to whether his message would be presented to congress In ad vance of the currency bill or Whether both would be made public about the same time. The Impression prevailed, however, that tho bill will be Introduced In both houses by Wednesday or Thurs day of this week, and that the presi dent will pronounco his views to congress about June 23. Action Needed Novr. The president did declare, however, today that there were no essential varia tions among the leading democrats with whom he had consulted concerning, cur rency reform. As to the intimation from the capttol that currency legislation was not desired at this session, the president declared no such information had been conveyed to him. His Impression was that the need of currency legislation was recognized, but that tho only objection raised against Us enactment at the extra session was the approaching hot Bcason. Harmony of purpose, but perhaps not harmony of opinion, Is the way tho White House sizes up the currency situation. With tho feeling that the framers of tho bill havo beon walking on sound ground, tho president and democratic leaders hope to reconcile differences so that there will be party agreement eventually. There Is no disposition to regard the cur rency bill aa It is launched as tho final word of this admlnlsttatlon on tho sub ject. nil! Is Completed. Chairmen Owen and Glass conferred again today and Mr. Owen afterward aq notinced that the bill practically had been completed, would be considered In com mittee this week and taken up and passed before tire extra session ad journed. "This talk of no currency legislation nt this session," said Senator Owen, "Is based on artificial sentiment. It Is senti ment stirred up by persons who don't want currency legislation. Some of it, of course, springs from the Idea that It Is a deep subject which will require pro longed study and debate. This is because no concrete proposition has been sub mitted for consideration of senators. When we present a tangible proposition, I think they will see that the problem Is not such a one, after all. Ipswich Mill Girl Attempts to Deceive Court About Wages IPSWICH, Mass., June 16.-The indus trial reputation of Ipswich was vigorously defended by Judge Charles A. Say ward at the resumption today of the case of nineteen persons charged with rioting during the strike disturbances last week. The court had examined mill records Indicating that January, February and March a maximum of $8.42 and a mini mum of $6.9 91n wages for a full week of fifty-four hours were paid Poulltsa Blzou, a young Greek girl, who testified on Saturday that during a year and a half In the mill she received about i3 a week, "never more and sometimes less." Recalled to the stand to explain her earlier testimony the Blzou girl said that she turned her pay envelope over to her father and that he told her she was earning $2 a week. She admitted that even while she was learning her work In the mill she received $5 a week. The health authorities became involved In the industrial difficulties today when they began an examination of tenements occupied by Greeks to learn whether the sanitary laws are being violated. Anticipating eviction from tenements owned by the hosiery company, many families of strikers are planning to estab- llsh a tent colony, but this will not be permitted unless proper sanitary arrange ments are made. Two Steamers Collide in Lake Superior CHICAGO, June'ie. The steamer Jesse Spalding which was in collision on Lake Superior yesterday, arrived at Saulte Bte. Marie today with its bow stove in, but with the crew safe, according to a tele gram recelvjirf here today from its cap tain. L. A. Guru. DULUTH. Minn.. June 16. The steamer Jesse Spalding is afloat and making way slowly with a big patch ot canvass covering its Injured side. The steamer Charles Hebbard, Captain Franks, saw the steamer yesterday at 10:30 a. m. off Manltou Jsland and spoke to it. The. Snyder, which was on collision with the Spalding, arrived here during the early morning. It is damaged forward. Mrs. Pnnkhurst Ileleaaed. LONDON. June 16. "Hunger strike" once more brought about the release from Jail of Mrs; Emcllne Pankhurst, the mili tant suffragist leader She was set frto from Holloway Jail owiiuc i u CROP REPORTS ARE T All Experts Are Still Predicting Bumper Yields of All Kinds of Grain. CONDITIONS ARE NOW IDEAL So Declares Frank Fowler in Weekly Report to the Trade. BURLINGTON FIGURES GREAT Says Corn is Now Making Most Won derful Progress. CORN IS FREE FROM WEEDS Scattered Showers Sunday Night Over Great Part of the State In crease the Chance for an Enormous Yield. Full road frclghj: men are watching the growing crops of Nebraska's small grain us closely as hawks watch tho country cnlcken yards, . noting changes In con- nllllons us rauldlv as thev occur. Tlmv look upon tho next ten duys us tho most j critical period for tho wheat, predicting ! thut this period will tell the story. I Relative to the crop at this time. Frank i Iowler of the Nye-Schnelder-Fowler Elevator company. haB this to say in his weekly reixirt of this date: "Conditions aro Ideal. Tho hot weather of the last few days removes the only complaint on corn and outs, for which It previously hud been too cool. Tho dry weather has given tho farmers un opportunity to cultivate their corn, which Is now perfect. "There is a promise tor the largest totut croo that Nebraska has over harvested. The promise Is for a wheat crop ot from 60,000,000 to 55,000,000 bushels, which with perfect conditions for the next few days, can be swelled to 60,000,000 to 05,000,000 buihels, or Just as easily, by Imperfect conditions, be reduced to 35,000,000 to 45, 000,000 bushels. "At this time there Is sufficient mols turo in our territory to carry tho crop along, but abnormally hot weather In tho near future beforo the wheat In tho he Is fully matured, might cut tho yield In two." lliirllitKtoii Report Optimistic. The Burlington's weekly crop report of this dato is fully- optlnilstlc us any previously Issueud. By divisions, on the basis of a ten-year average', It is as follows: Per Cent Omaha division 103 Lincoln division 105 Wymore division 101 McCook division 81 Last Week 103 105 1K 90 These figures are from compilations made by the agents ot tho system and in commenting upon the summary, Gen eral Superintendent Allen Insists that tho estimate is much too low. On tho Omaha, Lincoln and Wymore divisions, he says, on tht ten-year method of fig uring, klt would. ie.fsafo to rralis-tho-ci-1 iimaies iv to jo pet cenu So far as the corn is concerned, while until the latter part ot last week, the weather was a little too cool, it Is now making wonderful progress and the con dition is about normal. Corn Free from Weeds. The Northwestern's weekly crop report shows ideal conditions everywhere, and without any section of the state having suffered for lack of moisture. Agents who make their reports to General Man ager Walters, comment specially upon tho corn, saying there has never been a year when the fields have been so free from weeds and when such rapid growth has been noted. Assistant General Freight Agent Clif ton ot the Union Pacific, who spent all ot last week in the territory along the mail line and tributary to the branches to the north. Is back and says that he has never seen crop conditions as fav orable. There are1 some localities where a little rain would be welcome, but gen erally It is not needed for a few days and until just as the grain is going into the milk. While rain was not general Sunday night, there were many scattered show ers over the state and many spots ot wide area given a thorough wetting. Along the Burlington there was one and one-half inches of precipitation during the night at Greeley, Central City and Columbus and over the country tribu tary. There was a full inch at Schuyler and Lyons; one-half inch at Grand Island and a dozen other points In this section ot the state. Over a portion of the Mc Cook division, there were heavy rains, washing out 200 feet of grade near Cul bertson. Along the Northwestern from Fremont to beyond O'Neill, nearly 200 .miles, there was a steady downpour for more than two hours, ranging from three-fourths to an inch. The Union Pacific reports fairly good rains around Gothenburg, and from one hallf to three-fourths of an Inch at Scott's Bluff, Oskosh, Oerlng and over muoh of the country from Grand Island to Gothenbergr Hitchcock's Tohacco Tax Plan Rejected by Finance Committee WASUUNGTON, June 16.-A grad uated tax on tobacco aa an amendment to the tariff bill was unanimously re jected by the majority members of the senate finance committee- today, who voted down Senator Hitchcock's amend ment suggested by Attorney General McReynolds. The committee approved placing live stock and grains on the free list with a countervailing duty, except oats, which remain dutiable at 10 cents a bushel lind oatmeal at 33 cents a hundred pounds. Citrus fruits were unchanged. CATTLE REACH NEW HIGH MARK AT CHICAGO CHICAGO, June 16. The price ot cat., tie today reached a new high mark for a normal year, selling at $9.20. Receipts were 18,000 head, against average receipts of 26,000 head. The market today recalled attention to the recent bulletin of the De partment of Agriculture on th best MOS The ' to Smmn ' ''' . Drawn for Tho Bee by Powell. COAL MINERSYOTE TO STRIKE West Virginia Men Charge Opera tors with Breach of Faith. SITUATION IS AGAIN CRITICAL Fenrs of Further Violence In Paint Cabin (.'reek and New Illver Districts expressed by State Officers. CHARLESTON, W. Va., June 1.-Wlth industrial war again declared In West Virginia, tht) senate coa .committee today contented si, situation .critical and com plicated. Word from tho Isolated sec tions ot Paint Creek and Cabin Creek thut tho strike- was again on, drifted into Charleston from a half a dozen source and representatives of mine operators, miners and state officials, sought In vain for definite world from the little camps along the creeks. The union attorneys, appearing beforo the committee, paid that they were certain tho men had declined to go back to work today. There were comparatively few union men In the field, they said, but they believed both union and non-union men decided to quit. With tho New River district a few miles away from the Creeks, awaiting only the match to set off a conflagration ot excitement, tho state officials today watched the situation with fear and trembling; For days the New River miners have threatened trouble. They number about 15,000. Tho miners' meeting at Eskdale and Kayfbrd yesterday, according to reports, voted to renew the strike on the ground that the operators had not lived up to their agreement to take the strikers back to work without discrimination. This claim and the story that mine guards hor "beaten up" four men on Cabin creek on Saturday, caused the decision. Contradiction and explanation ot tho stories told all last week by the men and women who lived through what former Governor Glasscock called a "reign ot terror" In the strike district, was the program ot the operators and they had seventy witnesses on hand to pove their case. Only Senators Swanson, Martin and Kenyon were on hand to begin to day's hearing. Senators Borah and Shields having returned to Washington. Glances ot bitter resentment and an occasional muttered word among the scores of men gathered about tho com mittee's hotel today bore witness to tho smouldering 111 feeling. The presence of John P. White, presi dent of the United Mine Workers of America today resulted In several con ferences among Union officials. The committee today continued the1 tak ing of a vast amount of testimony, mostly ot a routine character, as to cqn- dltlons in the Holds before tho strikes began. A score of miners testified that the trouble was caused by the activities ot the mine guards. Elizabeth Fish, a 19-year-old girl, described how a party of guards had forced her and another girl to wade Cabin creek at the points of guns, meantime taunting them with obscene remarks. SALAZAR CHARGED WITH ' VIOLATING NEUTRALITY LAW EL PASO, June 16. The Juarez garri son was reinforced today by the arrival of 900 federal regulars uner Colonel Cas tro on a troop train, which hud been stranded for several days on the Mexican Central railway. The rebels already havo burned the bridges repaired as tho train moved north. Inez Salazar, a former Mexican rebel leader, now commanding fedoral Irreg ulars, was arrested In El Paso by Deputy United States Marshal Charles Moore this afternoon, charged with violating the United States neutrality laws In conspiring to smuggle ammunition. The charge Is an old one and arWs out of an attack attributed to Salazar when he was in arms against lladero. He came to Juarez today with reinforcements and crossed to Ei Paso this afternoon to visit mteS New Chautauqua Salute Frisco Policemen Plead Guilty to Charge of Felony SAN FRANCISCO, Cat., June 16. Five suspended members of tho Han Francisco poltco force pleaded guilty today to In dictments charging conspiracy with bunco men. Each was sentenced to i!no montjis In the county Jail. Two other policemen, similarly charged, pleaded not guilty. Over the headti of the ftvo who pleaded guilty to felony nro Indictments Charging grand, larceny an the result 'ot tho conspiracy.. Tho flvo who pleaded., guilty aro Joseph L. Droulotte, John Sullivan, William Mcllugh, Onirics Goh sepp and Sergeant James McGowan. The same five offered last week to plead guilty If the sentence of former Detective Frank Esola, convicted pf grand larceny In connection with tho bunco ring, might be lessened. Kach spurned the sugges tion that a confession ho made. There wero in all eight conspiracy in dictments, one having been found against former Detective Frank Esola, sentenced to five years In the penitentiary. Ksola changed his plea to this charge today vfrom not guilty to guilty. Judgo Dunne aouutcd whether a man might servo out a county Jail sentence, whllo serving ntiother In the penitentiary as counsel requested nnd took tho matter under consideration. Arthur MacPhee and Charles Taylor pleaded not guilty. They were not In dicted upon the felony count. Oxnard Will Form Another Tftist if Sugar is Made Free WASHINGTON, Juno 16.-Henry T. Oxnard, vice president of the American Beet Sugar company, told tho scnato lobby committee that free sugar would result In the formation of a now "sugar trust." Only tho best managed sugar factories would be able to survive free sugar, he said, and a combination would result. "Then you are going to form -a. new 'trust?' " asked Senator Reed. "I have that In mind," said the witness. "In violation of the anti-trust law?" "No sir: there is no law to prevent It. I have been advised by counsel.' Oxnard told how he assisted in or ganizing tho old sugar trust in 1888, ex changing his company with a capital ot (100,000 for J7CO.O0O now Btock. The new corporation later was taken over by the American Sugar Refining company, the so-called trust. Oxnard said he received (10,000 a year as vice president of the American' Beet Sugar company, but denied that he was paid tha salary "for legislative work." Twister Damages Farm Buildings in Vicinity of Norfolk NORFOLK, Neb., June 16.-(Bpeclal Tele gram.) A twister of about thirty seconds duration visited the country about half a mile east ot Norfolk at 10:30 last night, destroyed. Tho path ot tho twister was destroyed. The path of the twister was about one mile long and It came from the southeast. There wero no fatalities. Arbitration Treaty With Norway Signed WASHINGTON. June 10. Secretary Bryan and Norwegian Minister Bryn to day signed a treaty extending for an other term of five years, the special ar bltratton treaty between the United States and Norway, which wilt expire by limitation on June 31 This makes flftten such treaties now bfora th tfen ai tor ratification . TRAIN OF EDITORS GOES WEST Stop Few Hours in Omaha Enroute to Colorado Springs. IMPRESSED WITH REBUILDING Are Given .Motion picture Exhibition nt the Comiiierclnl Club Ilooms mill Arc Taken for an Automobile It j lie. Nearly 300 delegates to tho convention of tha Rational Editorial association at Colorado Hprtngs pusscd through Omaha yesterday nnd . slopped .long enough to bo guests ut a motion plcturo entertain ment' at tho Commercial club and an nuo- mobile ride over iho city. A special train fr6m Chicago brought editors unit their wives from Various cities and towns of the east. A special committee from the Commercial club met tho trulp and escorted tho visitors to tho Commercial club rooms. There they were shown Omaha In moving pictures. Tho tornado reel was also displayed for them. Tho auto rldo followed, and thoy worn Impressed with the fust rebuilding of the tornado district. Kiixterii Mates Represented, Editors and their wives wero in tho party from Minnesota, Ohio, Illinois, northern Missouri, North and South Da kota and many other eastern states. Among tho number wero R. E. Dowdetl of Artesian, 8. D., former president of tho National Editorial association; B. B. Herbert ot Chicago, the first 'president of tha national organization, and A. D. Mof fett of Elwood, Ind., tho presont presi dent, who will presldo at tho Colorado Springs meeting. Among the more, prominent visitors were K. L. Hoard of Fort Atkinson, Wis., son of tho former governor of thut state; H. E. Dawes of the Fulton (la.) Advocate, and Mrs. L, It. Eastwood of the Watertuwn (S. D.) Herald. The party resumed tho Journey west at 1:30 o'leock In the afternoon, Americans Presnt Peace Address to Emperor William BERLIN, June 11 The twenty-fifth anniversary of the accession of Emperor William to the Imperial throno was cele brated today throughout tho Oerman em pire ob a general holiday. The commemoration, which had been deferred from its actual date out of ro spect to the memory of tho emperor's fa ther, Frederick, coincides with the forty second anniversary of the triumphal re turn of his grandfather at the head cf his victorious army after the Franco Prussian war and was naturally marked by considerable military display. Emphasis, however, wis laid also on the peaceful aspects of the emperor's quarter century reign Industrial and civic developments, and the material prosperity of the country. The presentation ot an address from the American Peace society by Andrew Car negie, R. S. Brookings of St. Louis and J. a, Schmldlapp of Cincinnati, gave the emperor an opportunity of bringing out this aspect of the occasion. He responded to Andrew Caneglo's congratulations on the completion of his twenty-five years' peaceful reign with an emphatic "I hope we shall have twenty-ftve years more uf peace." Three Men Die from Bites of Wood Ticks CHEYENNE, Wyo., June 16.-J. Nel son Clark, an oil man of Hvanston, Wyo., Is dead at his home, making the third victim in this state within two weeks of spotted fever Induced by tho bites ot wood ticks. Kenneth McRae, a wool glower of Casper, aid Solomon Brown of Thermopolls wars th two othsr r- Mlt omaha loses sou AGAINST ELECTRIC LIGHICOWIPAN, United States Supreme Court Holdi that Company Has Right to Sell Heat and Power. ITS FRANCHISE IS PERPETUA1 Ordinances Passed by City Indicate Reciprocal Arrangement. VAN DEVANTER READS OPINION Decision of Bench on All Points ir Case is Unanimous. COURT CAUTIONS THE C0MPAN1 It Must Not Further Kxtenil Its nils Ineai Unless It Is Given Direct UIkIU to On So 1 v the City. (From a Staff Correspondent.) WASHINGTON', June lG.-(8pecia! Tle gram.) Tho city of Omnha loses In tlv case of tho Omaha Klectrlc Light an Power company against Omaha. Tho u premo court today decided thut th Omaha Electric Light and Power com pany had tho right to engage In heating and power builncss e well ns lighting business under tho tranchlso ordlnant ) passed by tho city, arid, furthermore, thnt tha franchise, was a giant In per petuity. ' Justices Van Devanter rendered the de cision, which wau unanimous. The court however, cautioned tho company that ! must not further extend Uh business, un less a direct light 1 given by tho author Itlea of the city. Justice Van Dovantci reviewed the history of tho case and said that the city had exacted a certalr amount from the company, which wouli Indicate a reciprocal arrangement. 1I cited tho decision -of tho supremo court of Nehnisk.i In tho case at bur us inter preting local ordinances and held thai tho compllnnco of tho company with al tho ordinances previous to thu ordinance ordering cessation of tho company's activities In extending lines und directing thu electrical engineer to remove poles, wires, etc., Is tantamount to a grant in perpetuity. Tho decision of tho United States dis trict court Is rovcrsed and the supreme court of the stato Is upheld. History nt Franchise, After reviewing the history of tho or ganization of tho Omaha Electric Light und Power company, as n successor ot tho now Ornuha Thomson-Huston Elec tric Light company, Justice Van Devantor said that the principal questions pre sented in the cuso of the old Colony Trust company, appellant, .against thu cty of Omaha were, whether the Omaia JGIectrlo UghLand I'Awcr qowpauy. hoa-a subsisting prauchlto to occupy and usd tho streets, alleys and public grounds of the city of Omaha In the distribution nt electric current nnd whether If so, the franchise Is limited to tho dlstrubutlon for power and heating purposes, If thero bo a franchlxe It rests pri marily on an ordinance adopted by the council In December, 1881. The Thomson company, to which the grant was made, was not then incorporated, according to Mr. Justice Van Doventer's opinion, but wns subsequently Incorporated under thu laws of Nebraska for a term which was to expire September 20. 1905. It accepted tho grant constructed nnd put Into opera tion a central generating station and tin extensive distributing system and thereby piacca itseit in a position to supply elec tric cifrrent to those desiring to use It. In 1003 tho cntiro plunt and all right! under tho ordinance wero transferred by the Thomson company to tho Elet trlo Light and Power company, and the business of the power company has been conducted In Increasing volume by thu latter. In 1801 tho gross earnings from current for lighting purposes was $101.. M6.67, In 1903 these figures were Increased to 1201,421.89 and 950,390.11, respectively, and in 1908 to J3C3.477.07 and $130,637.72. City Hnnctlous Improvements. The court then said the city through various ways acquiesced In, encouraged and directly sanctioned tho action ot the two companies In equipping and adjust ing the olectrlo plant at great expense for the distribution of current tor power and heat. In tho case at bar the Colony Trust company against the city of Omaha seeks to enjoin tho enforcement of a resolu tion passed by the city council of Omaha directing tho city electrician to discon nect "on or before July l.yUOS, all wire leading from tho conduits or poles of the Omaha Electric Light and Power com pany transmitting electricity to private patrons or premises to be used for heat or power and to take such steps as may be necessary to prevent the said com- (Contlnued on Page Two.) Readers Have Faith in Ads. Feoplo no longer road tho advertisements In a newspaper with skepticism. Tha people of today have Julth In the advertisers and their ad vertisements, They know that, great businesses are built on hon est advertising statements. They know that most mer chants do not trifle with the truth, and they feel that when they patronize the stored that ad vertise In THE BEE. they are getting their money's worth full value for what they pay. Leading merchants every where are truthful, conscien tious, and honest. Business to day is conducted along broad lines; service of real value la given; merchandise ot real val ue is given. The policies of the stores aro liberal; the peoplo are getting rightful return for their dollars. Then, too. the reputable news paper guards its columns against deceptive advertisements. Ads that do not ring true are not knowingly accepted.