New Ratines!
New Ratines!
New Ratines!
Ratines are almost as scarce as hen's teeth.
Seems as if the -harder they are to get, the
more they are in demand. It is important
news that a lot of new Ratines are here. Plenty
of the charming new shades also, new blues
and exceptionally handsome tans, in three
pretty shades.
jtangmBelden
HOWARD
TWO-CENT PASSENGER
FARE ACTS OF THREE
STATESARE UPHELD
(Continued from Parfa One.)
Pply to tho court for further action
whenever It shall appear by reason of
a change In circumstances the rate
fixed by the atate'a acta aro sufficient
to yield reasonable compensation.
The suits wero brought to restrain tho
enforcement of 'the freight rates. and pas
enter fare acts of the .state of Missouri
passed In U07.
"There wero elghjeen suits in all," it
wa stated In a memorandum from the
court
Held Confiscatory hr liotrer Court.
"In eight of the suits It was stipulated
In the court below that they should abide
by the decision reached In othor cases.
Of the remaining ten. two were con
solidated Into one for purposes of trial,
leaving nine suits, which were submitted
to the court below. Tho court below
enjoined the rates as being confiscatory.
"On the appeals In these nine suits,
this court sustains the rates as to six
companies, towlt: Tho Chicago, Burling
ton A Qulncy, the Atchison, Topeka &
Eanta Ke, the Kansas City Southern, tho
Missouri, Kansas & Texas, tho Chicago,
Rock Island tt Pacific (Including tho St.
Louis, Kansas & Colorado), and the St.
Louts A Son Francisco. j,
"In the case of these companies the
lecrees are reversed and the caso re
manded with instructions to dismiss the
bills, feBpcetivety. -without ' prejudice." '
Under the stipulations In tho court be'-
low, this stipulation upholding the Mis
sour! law applied also to the RU Louis
Southwestern, the Missouri Taclflc, tho
Bt.' Louis, Iron Mountain & Southern,
the Wabash, tho Chicago, Milwaukee &
Bt. Jaul and the Chicago & Alton.
"The court holds the rates to be con
fiscatory," added the memorandum, to
wltt The St Louis & Hannibal, the Kan
tas City, Clinton tc Springfield mnd the
Chicago Qreat Western.
Decrees Are Affirmed.
"In these three cases the decrees are
affirmed, with tho modification that tho
railroad commissioners and tho attorney
general of tho state may apply to the
court whenever It shall appear that by
reason of a change In circumstances the
rates fixed by the state are sufficient to
field reasonable compensation.
"The decision In the case of the Chi
eago Great Western company holding tho
rates to be confiscatory will 'also apply
by virtue of the stipulations mado bo
low to tho Qulncy, Omaha & Kansas
City Tlallroad company and tho Bt. Jo.
ioph & Grand Island Hallway company,"
Taking up the Burlington case first.
Justice Hughes pointed out (hat the as
sessment value hod been multiplied by
4b
Here's
p What Yon Want
I One glance at a glass SSSS
I of it cheersone taste fcS?jf
I delights one swallow Vnw
refreshes one glass
tbint-quenches. The one vpjra9
bett beverage for anyone, any
Delicious Refreshing
Wholesome
Demand the Genuine jM kLl
Btofcfc iM, - bsbbbbTbbbs
V ' ' ttiilwfWfewUct.
L THE COCA-COLA COMPANY, Atlaata, Co.
AND SIXTEENTH STREETS
three to reach a valuo for rates. Ho de
clared that If that basis were tniii1
to the tyholo Burlington system, the value
on which rates were to bo based would
exceed by MlG.000.000 the caoltallMtlon
of the system.
Justice Hughes declared thnt tho
cnuo basis adoptod by the lower court
to apportion the cost of Interstate and In
trastate business was too general, when
actual tests could bo made.
In tho St Louis & Hannibal.
Hughes said neither tho exports for the
rallronds or for tho state could find a
ba,ls on which the rates would be ro
muncratlve. j Knitunn Oil Itntc I.avr Void.
Because of a provision In (ha Uw
arbitrarily fixing B0O damages for each
violation, the supreme court today an
nulled as unconstitutional tho Kansas
statute of 190C, which fixed the maximum
istca for the transportation of oil by
rail. The original clause was held to Dm.
vent railroads from testing whether the
rates were confiscatory.
Man Hangs Self
in Pueblo Jail
I'UKULO, Colo., June lO.-ChoosIng
death to remaining In the city prison for
the last half hour of his four days' sen
tence for drunkenness, Tetor McCarty
hanged himself In his coll today by using
his suspenders as a noose, McCarty's
term of Imprisonment would have ex
pired at 8 o'clock tonight Half ah hour
earlier City Jailor McCafferty wont to
McCarty's cell and found htm dead.
BABY STRANGLES HERSELF
WITH CURTAIN CORD
riBrtrtE, Juno 18.-(Speclal.)-To leave
tho hotiso for a few minutes with her
baby loft playing In her crib, and re
turning only to find the child hod
strangled, herself with a looped curtain
cord, wa tho experlonco of Mrs. A. B.
RfRennltcr 0f Hllmoe. Tho child wa
letc while Its mother went to tho garden
for a short time, playing by the window,
and managed to get hold of the window
cord which looped about Its neck, and
then In the struggle was strangled, and
all efforts to resuscitate wero of no
avail.
CITY AND COUNTY WILL
SETTLE ALL OLD DISPUTES
Tho court house and tho city hall will
hold a baso ball tournament at Luxus
park Saturdny afternoon and the same
will be the occasion for settling divers
and sunflry old scores. Flaming Jeal
ousies of city officials for officials of
tho county and vice versa will bo allowed
to rage In unabated fury.
Wafstrsr
70S M SB
Anwrthlsk
f C
THE BKE: OMAHA, Tl'KSDAY, .TITNE
SECOND FIGHTWITH MOROS
Savages Driven from Mountain After
All Night Battle.
SIX AMERICANS ABE KILLED
Alt Are Member at Companies of
Philippine Kcoali Number of
Dend Amnntr the Moron
Unknnntti
MANILA, June 16. Complete rout of
the rebellious Moros on Mount Uagsag
was accomplished by t!.o American forces
during the night with the loss of six men
and seven wounded.
Iteports of the engagement reaching
hero by wireless from the Island of Jolo
are but meager. All of the Americans
were members of the several companies
of scouts. In the first advance upon the
mountain last week when the Moros were
nearly dislodged from their positions, six
Americans were also killed. The number
of dead among tho Moros Is not known.
Last night's battle began Just before
dark. The fighting was fierce, but the
American advanco was so determined
that the Moros at last stole away and
left the mountain clear. They are now
at large and will be pursued ceaselessly.
Brigadier John J. Pershing, command
ing tho Department of Mindanao Is lead
ing the forces and la enthusiastic In his
pralao of the conduct of his men.
OMAHA LOSES SUIT
AGAINST ELECTRIC
LIGHT CORPORATION
(Continued from Page One.)
pany from furnishing or transmltUng
from said conduits or Wires electricity to
private persons or premises for heat or
power purposes."
Tho court then took up the references
of counsel for the Old Colony company
with particular attention to decisions of
tho supremo court of Nebraska In all of
which It had held that they seemed to be
"an ample grant of power unqualified
as to persons, methods of time to regu
late tho laying of mains, the sale and use
of gas and tho rate to bo charged there
for."
Imitations of Franchise.
This wan In Sharp against South
Omaha. Whllo these decisions, "meaning'
decisions of tho supreme court of Ne
braska, take an uniform view," said Jus
tlce Van Devantor, "of the power of the
cities of the state and of tho effect of
their action In cases such ojs this, and
show that the grant made by tho ordi
nance of 1S81 must be regarded as In per
petulty, they also show that such grants
aro deemed and held by that court to be
over subject to the full exertion of tho
police power of the stato In respect of
the rates to be charged, the mode of
conducting the business and tho charac
ter and quality of the service be rendered,
and It is further held that the public na
ture of tho grant oxplalns and Justl
fles It and that It Is forfeitable for acts
of abuse, abandonment or nonuse, but
cannot bo taken away or Impaired ar
bitrarily." The court then took up the question
whether, in this particular case, It Is
limited to the distribution of electric
current for lighting purposes or Includes
Its distribution for power and heat
"Generally speaking the practical In
terpretation of a contract by the parties
to It for any considerable period of
tlmo before )t comes to be the subject
of controversy, is deemed of great if
not controlling influence. Whether In
tho exercise of an Independent Judgment,
we should apply tt to a franchise con
tract such as this ono we need not con
sider. In Nebraska, according to the
settled course of decisions in that Juris
diction ,tho rule Is applicable to them."
Street Itnllvrar Case Cited.
Justice Von Devanter sold that the
case of the Omaha & Council Bluffs
8treet Railway company against the city
of Omaha, decided before the commence
ment of the suit nt bar, was directly In
point This was a suit by tho street
railway company to enjoin the city from
the enforcement of a paragraph or port
of a resolution of 1903 similar to the one
which Is here In controversy, the dif
ference between tho two paragraphs be
ing that the first was directed against
the electrlo light company ana required
tt to cease using the streets of the city
In transmission of electricity for power
and heat purposes while the second para
graph was directed against the street
railway company and required It to
cease using the streets In the transmis
sion of current for light, power and heat
Tho two cases aro alike In all ma
terial respects, save that the street
railway company had been for years
and was still furnishing electrlo current
for light, power and heat purposes as In
Incident to the use of electrlo energy
a motlvo power in propelling Its cars
and also that the company's Incidental
business had not been and was not as
extensive as that of the electrlo light
company.
Trait Company's Wants.
"The supremo court affirmed the de
cision below 'subject only to a modifi
cation, whereby the Injunction would
expire on the termination of the street
railway company's street franchise which
was for a limited term of years. In view
of the facts In the present case the de
cisions of the supreme court of the
state (Nebraska) are conclusive on the
question of the right of the trust com
pany to have the distribution of electric
current for power and heat treated as
Included within the franchise contract
of 1SS4 while It continues In force. In
other words, the trust company Is en
titled to Insist upon a recognition and
continuation subject to all the qualifica
tions Inhering In the franchise ,of all
the rights conferred by the franchise
ordinance as the same was Interpreted
In actual practice by the electrlo com
pany and the city prior to the resolution
of IMS. but neither the trust company
or the electric company Is entitled to 1
make that construction a basis for en
larging or extending their rights aralnst
the will of the city or for enlarging or
extending the purposes for which electrlo
current may through use of the streets
be transmitted and supplied under the
protection of the franchise,
"The decree is reversed ana the cause
Is remanded to the district court with
a direction to enter a decree against the
enforcement of the resolution of 1$06
In accordance with this opinion."
Justice Holmes took no part In the
consideration of the case. The Omaha
Electrlo light and Power company case
against the city of Omaha Is dismissed,
the electrlo light company winning
through the decision of the Old Colony
case.
City Attorneys. Are Surprised.
City Corporation Counsel Ben' a Baker
and Assistant tv AUori-w. C Lam-
bert, who handled the case against the
Clidric light company for the city, were
afraid the case would fall on the ques
tion of whether the city had treated the
franchise as Including the right to sell
electricity for power. Concerning the de
cision Judge Baker said:
"This means simply that the right of
the company to sell power Is to be read
Into tho contract. We maintained that
tho company's franchise expired two or
three years ago. Just how far this de
cision goes I cannot say until I have
seen the opinion."
The city sought to show that the com
pany had no right under Its franchise
to sell electricity for any other purpose
except light. The decision that the fran
chise Is a grant In perpetuity to the com
pany surprised the olty attorneys. Judge
Baker said, facetiously:
"I am not, of course, responsible for
the errors of tho supreme court."
Mr. Xnuli Is Content.
F. A. Nash, president of the Electric
Light and Power company, said:
"That's Just what we maintained. We'll
be doing business at the same old stand."
Mr. Nash had received a short dispatch
saying tho company came out of the caso
victorious. .When The Bee's dispatch was
read to him ho asked that the section re
garding tho extension of business, which
forbids the company to further extend
Its business without direct permission of
the city authorities, be repeated.
'Oh, yes," he said, and declined to
further discuss the decision until he had
seen the opinion.
CITY IS WINNEIt, SAYS LAMBERT
Dlspntch to Clerk of Court Tnkea tho
Opposite VIott.
Assistant City Attorney Lambert re
ceived a telegram from the clerk of the
supreme court saying the eloctrjc light
company case had been dismissed for
want of Jurisdiction and that tho case
01 mo um troiony Trust company, a
trustee, which Involved .the securities
of the company, had been reversed, tho
decision of tho supreme court of the
state being sustained. Lambert said:
"This is really a victory for the city,
The effect of the opinion Is to affirm
the decree of tho court of appeals In
the electrlo light case to the effect that
tho company did not have a perpetual
franchise.
"In behalf of the Old Colony Trust
company, a trustee, the effect can be
only to protect tho securities and cannot
result in any benoflt' to the Might com
pany, except to hold the matter In the
present condition until the maturity of
tho bonds If they are not paid off be
fore they maturo, In 1933.
ECONOMIC LEAGUE WILL
DISCUSS NEW FRANCHISE
Tho proposed gas franchise will be up
for discussion at the meeting of the
Economic league Tuesday evening. The
meeting will be In the Pioneers' room at
the Douglas county court houso.
HYMENEAL.
Lydla Burko and Richard Utlcy were
married by Itov. Charles, W. Savldge at
bis residence Sunday at 1:30 p. m.
Nickel Plate . rtnad
sells tickets Chicago to New York and
return, $27.00; Boston and return, J26.00.
Reduced rates to; other -.eastern points.
Also variable routes. Liberal stopovers.
Inquire of local agent, or write John Y.
Calahan, A. Q. P. A., 68 West Adams
St., Chicago.
TBTBBHieBBBTBlBBKBBTH&iia &MKZuMffii2m: ,KIVi21M ' K 'I
BBBBBBBSBBaaaBaBBBBBBUBBBBB?asraEBK.yi 2. t ' BBBK: : :b - , . . . . jaatftA Jg. . hBBBBBFcassjBBBMigaSzjrE 'jmWif , giSiaWEjaK 1"
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The Pabst Company KB .
Telephone Douglas 79 A 1479 ttiBHWMBHBKWc II'. : fPai
V
17, 1013.
STRING TO FERRET CONTRACT
Des Moines Supervisors Modify Con
A. A. 111. T
tract wnn juawyers.
RETAIN POWER TO COMPROMISE
Belief Kxlsts That Rock Island Rail
road Will Effect Early Settle
ment, of Case Hronaht In lle
hnlf of Polk Cotintr
(From a Staff Correspondent.)
DES MOINES, la., June 16.-(Speclai
Telegram.) The board of supervisors of
Polk county by a unanimous vote today
modified its contract with Klstle and
Wright for tax collections against the
Hock Island railroad, and under a new
contract the board of supervisors retains
tho power to settle or compromise the
suit with the Rock Island railway. It Is
believed this clause was Inserted In an
ticipation of an early settlement of the
claim which now Is said to bo about
23,00O,O00.
tllrl Accused of Kornery.
Miss Eva Stream, aged 19 years, Is In
the custody of the police accused of
forging a number of checks on business
houses of the city. The detectives have
been working upon tho case for some
time. They declare that there are no
less than eight worthless checks In tho
handwriting of the girl. All are for iS.
Try to Fix Land Values.
The state executive council will next
month undertake to fix land values, or
determine what aro avorage land values,
or determine what are average land
values In Iowa, and It Is anticipated that
some difficulty will be had In arriving
at a decision. Several thousand letters
have been received, In response to
queries sent outj by tho secretary of
the council, asking as to estimates of
values of land. These estimates vary
greatly, and some of the correspondents
declare there Is no such thing as arriv
ing at Information as to actual cash
sale prices of Iowa land for tho reason
that Iowa land Is practically never sold
for cash at ail. The value of land as
estimated by the correspondents varies
greatly In different counties of tho state
and It Is believed that tho actual worth
of the land for production purposes
varies greatly. It Is now hardly expected
tho stato officials wilt make very great
raises In land valuations..
Pharmacists at State Institutions.
' It has been decided by the board of
control, partly suggested by a Jogging
from the state pharmacy commission,
that registered pharmacists will be re
tained at each stato Institution where
a largo amount of mediclno Is dispensed
for tho Inmates. This Includes tho prison,
reformatories and hospitals. A phar
macist has long been employed at the
soldiers' home, but at most of the othor
places a doctor has handled tho medicine
business. It Is now believed this is
Illegal.
Pins Losses Not Creat.
The state fire marshal reports that
firo losses In Iowa, as reported to his
department are not as great this year as
In former times, and that since the or
ganization of the state fire marshal's
office there has been material Improve
ment In conditions In the state. During
May and thus far In June there have
been very few fires reported. All cities
now make regular reports on fires to the
state.
Club Men Overturn Auto,
Two prominent members of the Hy-
perlon club, on their way to the club
I from the city at a late hour, encountered j
a complete overturn of their car. no-
were W. E. Ward and C. II. Casebeer,
both gTaln brokers, and they were pro
ceeding toward the club at a high rate
of speed when they were compelled to
stop quickly by another car. The one
they rodo In was overturned and It la
said to have turned over completely
twice. Both men were seriously, but
not fatally Injured, but the car was a
complete wreck.
Colleae llentl Retires.
Wilis E. Parsons, president of Par
sons college, Fairfield, suddenly resigned
the last week and will retire from college
work. He has been at the head of tho
college only a few years and It Is said
that he did not work well with the
trustees in their plans for the develop
ment of the college, which Is tho leading
educational Institution of the Presby
terians of Iowa. Marlon It Drury, presi
dent of Philomath college of Philomath,
Ore., hoa been elected to tho presidency
of Lcander Clark college at Toledo, tak
ing the place of Dr. Franklin E. Brooks,
resigned.
IlallrnndM Oct Into TnnRle.
A temporary Injunction was granted In
district court hero to prevent the Fort
Dodge lnterurban line from electrifying
a short part of the Minneapolis & St
Louis railroad noar Ogden, Boone county.
The trouble Is over an Interlocking
Bwltch. The Fort Dodge road had ob
tained permission to electrify becauso of
desire to reach a cool mine, which It
owns.
Easterner Marvels
at Western Outlook
"Tho troublo with tho men on Wall
street Is they do not realize what the
west is doing, said E. C. Miller, presi
dent of tho Henry F. Miller & Sons
Piano Co. of Boston, who has beeri mak
ing an extended trip through the west
and marvels at the activity In all lines
of business.
"My banker In Boston told me that
tho country did not need to worry about
the unrest In Wal street, and now I be
lieve It I never saw a country look as
good as the west does today. I am sure
that any change which may bo caused
by the tariff fixers has been discounted
ahead and that no trouble may be
feorod."
FORMER CITY EMPLOYE
IS CALLED BY DEATH
Henry Sharp, aged E6 years of age, for
merly employed In the city treasurer's
office of this city, died Monday morn
ing at the home of his sister, Mrs. E. D.
Schermerhorn, 1106 South Thirty-second
street, from illness following a stroke .of
paralysis. Ho leaves no family and Is
survived by his sister only. No funeral
arrangements have been made.
No Substitute Could Do This.
No Inferior substitute, but only the gen
uine Foley Kfdney Pills could have rid
J. F. Walllch, Bartlett Neb., of his kid
ney trouble. Ho says: "I was bothered
with backache, and the pain would run
up to the back of my head, and I had
spells of dizziness. I took Foloy Kidney
Pills and they did the work and I am
now entirely rid of kidney trouble. My
father-in-law, now past 63 years, has
taken them and they have added years
to his life." For sale by all dealers
I everywhere. Advertisement
White
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Tho fashionable men
nnd women are wearing
white oxfords or punrps.
Fashion decrees them
nnd comfort demands
them. "Wo have them
in genuine white buck,
white Sea Island duck
and white Nubuck, in
rubber or leather soles.
Drexel
1419'Farnam
Stops Falling Hair
Hall's Hair Renewer certainlv ntnns
, j - j-
falling hair. No doubt about it what-
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REST AND HEALTH TO MOTHER AND CHILD.
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is the best remedy for DIARRHOEA, it Is ab
olutely harmless. He sore and asfc for "Mrs.
Wlnslow's Soothing Syrup,' and take no other
kind. Twenty-five cents a bottle.
John Says:
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away from Omaha
without a TRUST
BTJSTEB Co CIGAB
In your pooket. Hor
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tionist! take warn
ing. .Better let me
wrap you up a box
or two."
John 's Cigar Store
16th & Harney Sts.
BELLEVUE COLLEGE
Normal and High School
SUMMER SESSION
June 16 to August 8.
AMI'HKMENTS.
LAKE
MANAWA 1
"40 Minutes from Omaha"
Dancing every afternoon and even
ing, Boating. Holler Coaster, Merry-Go-Round,
Miniature Railroad, Mov
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SYMPHONY BAHS
(Forty Artists)
Assisted by Mine. Box ansa ZVehmann, '
Soprano Soloist,
Oominjr Sunday. June 23.
J
River Excursions
Steamboat Saturn
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-4
