Nebraska Newspapers

    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.