OTIB BEE: OMATTA, TUESDAY. .TfNE 17, 1013.
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.
HOWARD
TWO-CENT PASSENGER
FARE ACTS OF THREE
STATESARE UPHELD
(Continued from Page One.)
apply to the court for further action
whenever It shall appear by reason of
change In circumstances the rates
fixed by the state's acts aro sufficient
to yield reasonable compensation.
The suits were brought to restrain the
enforcement of the freight rates and pas
enger Jare acts of the auto of Missouri
passed In 1907. '
There were eighteen suits In all," It
was stated In a memorandum from the
court
Held Confiscatory r Lower Court.
"In eight of the suits It was stipulated
in the court below that they should abide
by the decision reached In othor eases.
Of the remaining ten, two were con
nolldatcd Into ono for purposes of trial,
leaving nine suits, which were submitted
lo the court below. The 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, Topoka &
Banta Fe, the Kansas City Southern, tho
Missouri, Kansas & Texas, tho Chicago,
Hock Island & Pacific (Including tho Ht
touls, Kansas & Colorado), and the Bt-.
Louis & San Francisco. ,
"In the case of these companies tho
flecrees are reversed and the caso re
manded with Instructions to dismiss tho
bills, respectively without prcjuaiep.''
Under the stipulations In tho cout be
low, this stipulation upholding the Mis
sour! law applied also to tho St. Louis
Bouthwestern, the Missouri Pacific, the
Bt. Louis, Iron Mountain & Southorn,
the Wabash, the Chicago, Milwaukee &
Bt. Paul and the Chicago & Alton.
"The court holds tho rates to bo con
fiscatory," added the memorandum, to
wlt: .The St Louis &' Hannibal,. tho-Kanr
as City, Clinton A Springfield and the
Chicago Great Western.
Decrees Aro Affirmed.
"In these three cases the decrees nro
affirmed, with tho modification that tho
railroad commissioners and the attorney
general of the state may npply to tho
court whenever It shall appear that by
reason of a change In circumstances tho
rates fixed by the stato are sufficient to
field reasonable compensation. .
"The decision In tho caso 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 the Qulncy, Omaha & Kansas
City nallroad company and tho St Jo.
eph & CJrand Island Hallway company."
Taking up the Burlington case first.
Justice Hughes pointed out that tho as
sessment value had been multiplied by
Here's
What
One glance at a glass
of it cheers one taste
delights one swallow
refreshes one glaat
thirst -quenches. The one
beat beverage for anyone, any
time.
"A
Delicious Refreshing
Wholesome
Demand the Genuine-
Refuse Substitutes
Lecu 1 or r re poo Ms
THE COCA-COLA COMPANY, Atlanta, Go.
SPRn vn urn jJL
AND SIXTEENTH STREETS
thrco to reach a value for rates. He de
clared that If that basis were extended
to the whole Burlington system, tho value
on which rates woro to be based would
exceed by 11C,000,00) tho capitalisation
of the system.
Justlco Hughes declared that the rev
cnuo basis adopted by the lower court
to apportion the cost of Interstate and In
trastate business was too general, when
actual tests could bo mnde.
In tho St .Louis & Hannibal, Justice
Hughes said neither tho experts for the
railroads or for tho state could find a
bails on which tho rates would be re
munerative. Knnsn Oll ltntr t.njr Void.
Because of a provision In tho law
arbitrarily fixing $500 damages for each
violation, the supremo court today an
nulled as unconstitutional tho Kansas
statute of 190C, which fixed the maximum
tates for the transportation of oil by
rail. The original clause was held to pro
vent railroads from testing whether the
tates were confiscatory.
Man Hangs Self
in Pueblo Jail
PUEDLO, Colo., June 15. Choosing
death to remaining In tho city prison for
the last half hour of his four days' sen
tence for drunkenness, Peter McCarty
hanged himself In his coll today by using
his suspenders as a nooso. Mccarty's
term of Imprisonment would havo ex
pired at o'clock tonight. Half ah hour
oarller City Jailor McCafferty went, to
Mccarty's cell and found him dead.
BABY STRANGLES HERSELF
WITH CURTAIN CORD
PIEIUIE, Juno lS.-(Speclal.)To leavo
the houso for a few minutes with her
baby left playing In her crib, and re
turning only to find the child had
strangled herself, with a looped curtain
cord, was tho experience of Mrs. A. n.
n.egonnlter 0f Hllmoo. The child was
lefc whllo its mother went to the garden
for a short time, playing by tho window,
and managed to get hold of the window
cord which looped about Its neck, and
then in the strugglo was strangled, and
all efforts to resuscitate were of no
avail.
CITY AND COUNTY WILL
SETTLE ALL OLD DISPUTES
The court houso and the city hall will
hold a base ball tournament at Luxus
park Saturday ufternoon and tho same
will be the occasion for settling dlvera
and sundry old scores. Flaming Jeal
ousies of city officials for officials of
tho county and vice versa will be allowed
to rage In unabated fury.
You Want
Mm
Wkiatvsr
TQS is
Atravtklsk
SECOND FIGHTJflTH MOROS
SaTagcs Driven from Mountain After
.All Night Battle.
SIX AMERICANS ARE KILLED
All Are Members of Companies of
Philippine flcontn -Number of
Dend Amonir the Morns
UnknOTTn.
MANILA, June 16. Complete rout of
the rebellious Moros on Mount Bagtag
was accomplished by t!.o American, forces
during the night with the loss of six men
and seven wounded.
Reports 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
uf scouts. In the first advance upon the
mountain lost week when the Moros were
nearly dislodged from their positions, six
Americans were also killed. The number
of dead among the Moros Is not known.
Last night's battle began just before
dark. The fighting was fierce, but the
American advance 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 Is enthusiastic In his
pralso of the conduct of his men.
OMAHA LOSES SUIT
AGAINST ELECTRIC
LIGHTCORPORATION
(Continued from Page One.)
pany from furnishing or transmitting
from said conduits or wires electricity to
prtvato persons or premises for heat or
power purposes."
The court then took up the references
of counsel for the Old Colony company
with particular attention to decisions of
the supreme 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 the laying of mains, tho salo and use
of gas and tho rate to be charged there
for." Imitation of Franchise.
This was In Sharp against Bouth
Omaha. While these decisions, "meaning
decisions of the supreme court of Ne
braska, take an uniform view," said Jus
tice Van Devantor, "of the power of the
cities of the state and of tho effect of
their action In cases such as this, and
show that the grant made by tho ordi
nance of 1SS4 must be regarded as In per
petuity, thoy also show that such grants
are deemed and held by that court to be
ever subject to the full exertion of the
police power of the state 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 the grant explains and Justi
fies 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 la
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 It comes to be the subject
of controversy, Is deemed of great, It
not controlling Influence. Whether In
the exercise of an Independent Judgment,
we should apply it to a franchise oon
traot such as this ono we need not con
sider. In Nebraska, according to the
settled course of decisions In that Juris
diction .the rule la applicable to them."
Street Itnllrrnr Case Cited.
Justice Von Devanter sold that the
caso of tho Omaha Sc Council Bluffs
Street Railway company against the city
of Omaha, decided before the commence
ment of the suit at bar, was directly In
point This was c suit by tho street
railway company to enjoin the city from
the enforcement of a paragraph or part
of a resolution of 1503 similar to the one
which Is here In controversy, the dlf-'
ferenco betwocn the two paragraphs Do
ing that tho first was directed against
the electrlo light company and required,
It to cease using the streets of the city
In transmission of electricity for power
and heat purposeswhile the second para
graph was directed against the streot
railway company and required It to
cease using the streets in the transmis
sion of current for light, power and heat.
The two coses ore allko In all ma
terial respects, save that the street
railway company had been tor years
and waa still furnishing electrlo current
for light, power and heat purposes as In
Incident to the use of electrlo anergy
as a motive power In propelling Its cars
and also that the company's Incidental
business had not been and was not 04
extensive as that of the eltotric light
company.
Trust Company's Hlghta.
'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 facta In the present caso 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 electrlo
current for power and heat treated as
Included within the franchise contract
of 1S34' 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 aa 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 la entitled to
make that construction a basis for en
larging or extending their rights against
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' and the cause
Is remanded to the district court with
a dlreotlon to enter a decree against the
enforcement of the resolution of 1908
In accordance with this opinion,"
Justice Holmes took no part in the
consideration of the case. The Omaha
Electric IJght and Power company case
against tha city of Omaha Is dismissed,
the electrlo light company winning
through the decision of the Old Colony
cose.
City Attorney Aro Surprised.
City Corporation Counsel Ben S. Daker
and Assistant Otv Attorn" W. c. Lam.
bert. who handled the caso aaalnst the
electric light company for the city, wjte
afraid the rase 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 Ueker said:
This means simply that the right of
the company to sell power Is to be read
Into tho contract. We maintain! that
the company's franchise expired two or
three years ago. Just hoWfar this de
cision goes I oannot say until I have
seen the oplnldn."
The city sought to show that the com
pany had no right under Its franchise
to sell electricity for ahy other purpose
except light. The decision that the fran
chise is a grant In perpetuity to the com
pany surprised the city attorneys. Judge
Daker said, facetiously:
"X am not, of course, responsible for
tho errors of the supreme court."
Mr. Xnsh la Contrnl.
F. A. Xah. president of thf, Electrlo
Light and Power company, said:
"That's Just what wo maintained. We'll
be doing business at the same old stand."
Mr. Nosh had received a short dispatch
saying the comnanv mm nut nf thn mm
victorious. When The Dee's dispatch was
read to him he asked that the section m.
gardlng tho extension of business, which
lorbias the company to further extend
Its business without direct Dermlsstnn nf
the city authorities, bo repeated.
Oh, yes," he said, and declined to
further discuss tho decision until ho had
seen tho opinion. , .
CITY IS WIIVNBIt, SAYS LAMDBRT
Dlspntoh to Clerk of Court Takes tho
Opposite View.
Assistant City Attorney Lomhnrt r.
celVcd a telegram from the clerk of the
supreme COUrt Ravlncr thn oWtrln Ilirht
company case had been dismissed for
warn or jurisdiction and that the case
of the Old Colony Trust company, a
trustee. Which involved thn .opm-llto.
of tho company, had been reversed, the
accision or tne supreme court of the
stato noing sustained, ambert said:
"This Is really a victory for the city.
Tho effect of tho opinion Is to affirm
the decree of tho court of appeals In
the electrlo light caso to the effect that
tho company did not havo a perpetual
franchise.
"In behalf of the Old Cnlnnv Tniict
company, a trustee, tho effect can bo
oniy to protect tho securities and cannot
result In any benefit to tho "light com
pany, except to hold the matter In the
present condition until the maturity of
the 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. Tha
meeting will be In the Pioneers' room at
the Douglas county court house.
HYMENEAL.
Lydla Durko and Wchard Utley were
married by Rev. Charles W. Savldge at
his residence Sunday nt 1:30 p. m.
McUcl Plate Itoad
sells tickets Chicago to New York and
return, $27.00; Boston and roturn, $26.00.
Reduced rates to. other .eastern points.
Also variable routes, Liberal stopover's.
Inquire of local agent, or write John Y.
Calahan, A. O. P. A., 66 West Adams
St., Chicago. t
BBBBBBSBBBBsraiMlsli -.W V......
ssssslssH '
STRING TO FERRET CONTRACT!
De Moines Supervisors Modify Con
tract with Lawyers.
RETAIN POWER TO COMPROMISE
Belief Exists That nock Island Rail
road Will Kffect Early Settle
ment of Case Drouirht In He
half of Polk County.
(From a Staff Correspondent.)
DE8 MOINES, la., June 16.-(Speclat
Telegram.) Tho 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
the 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 be about
23,000,000.
Olrl Accused of Forgery.
Miss Eva Stream, aged 19 years, Is m
the custody of the police accused of
forging a number of checks on business
houses of tho city. The detectives have
been working upon tho case for some
time. They declare that there aro no
less than eight worthless checks In the
handwriting of the girl. All are for S3.
Try to Fix Land Values.
Tho state executlvo council will next
month undertake to fix land values, or
dotermlne what are average 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 out by the 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 the reason
that Iowa land Is practically never sold
for cash at all. The vuluo of land as
estimated by the correspondents varies
greatly In different counties of tho state
and It Is believed that tho actual worth
of tho land for production purposes
varies greatly. It Is now hardly expected
tho state officials will make very great
raises In land valuations..
Pharmacists nt 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 state Institution where
a largo amount of medicine Is dispensed
for tho Inmates. This Includes the prison,
reformatories and hospitals. A phar
macist has long been employed at the
soldiers' home, but at most of the other
places a doctor has handled the medicine
business. It Is now believed this Is
Illegal.
Fire Ijoases Not' Great.
The state fire marshal reports that
flro losses In Iowa, as reported to his
department, aro 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 mako regular reports on fires to the
state. '
Club Men Overturn Auto.
Two prominent members of the Hy
perion club, on their way to the club
from the city at a late hour, encountered
a complete overturn of their car. They
wero W. K. Ward and C. H. Casebeer,
both grain brokers, ami they were pro
ceeding toward the olub at a high rate
of speed when they were compelled to
stop quickly by another car. The one
they rode In waa overturned and It Is
said to have turned over completely
twice. Doth men wero seriously, but
not fatally Injured, but the car was a
complete wreck.
College Head Iletlrra.
Wills E. Parsons, president of Par
sons college, Fairfield, suddenly .resigned
the last week and will retire from college
work. Ale has been at the head of the
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 the leading
educational institution of the Presby
terians of Iowa. Marlon R. Drury, presi
dent of Philomath college of Philomath,
Ore., has been elected to the presidency
of Leander Clark college at Toledo, tak
ing tho place of Dr. Franklin E. Brooks,
resigned.
Itnllrouda Get Into Tnnjtlr.
A temporary injunction was granted In
district court here to prevent the Fort
Dodge tnterurban line from electrifying
a short part of the Minneapolis & St.
Louis railroad near Ogden, Boone county.
The trouble is over an Interlocking
switch. The Fort Dodge road had ob
tained permission to electrify because of
desire lo reach a coal mine, which It
owns.
Easterner Marvels
at Western Outlook
"Tho trouble with the men on Wall
street Is they do not realize what tho
west Is doing, said E. C. Miller, presi
dent of the Henry F. Miller & Sons
Piano Co. of Boston, who has been mak
ing an extended trip through the west
and marvels at the activity In all lines
of business.
"My banker In Boston told mo that
tho country did not need to worry about I
the unrest In Wal street, and now I be- I
Ueve It. I never saw a country look as I
good as the west does today. I am sure ,
that any change which may be caused
by the tariff fixers has been discounted
ahead and that no trouble may bo
feared."
FORMER CITY EMPLOYE
IS CALLED BY DEATH
Henry Sharp, aged 56 years of age, for
merly employed In the city treasurer's
office of this city, died Monday morn
ing at tho homo of his sister, Mrs. E. D.
Schermerhorn, lloS South Thirty-second
street, from illness following a stroke of
paralysis. Ho leaves no family and 1b
survived by his sister only. No funeral
arrangements have been made.
No Substitute Conld Do This.
No Inferior substitute, but only the gen
uine Foley Kidney Pills could have rid
J. F. Walllch, Bartlett, Neb., of his kid
ney trouble. He 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 Foley Kidney
Pills and they did the work and I am
now entirely rid of kidney trouble. My
father-ln-Iaw,- now past 83- years, has
taken them and they have added years
to his life." For sale by all dealers
everywhere. Advertisement
White
Footwear
The fashionable men
and women, are wearing
white oxfords or pumps.
Fashion decrees them
and comfort demands
them. "Vy have them
in genuine white buck,
white Sen Island duck
and white Nubuck, in
rubber or leather soles.
Drexel
1419 Farnam
Stops falling Hair
Hall's Hair Renower certainly stops
falling hair. No doubt about it what
ever. You will surelv bo satisfied.
REST AND HEALTH TO MOTHER AND CHILD.
Mas. Winslow's BooTiitNO Svrdp has been
used for over 81XTY YEARS by MILLIONS of
MOTHBRS for their CHILDREN WHILE
TEETHING, with PERFECT SUCCESS. It
SOOTHES the CHILD. SOFTENS the GUMS.
ALLAYS 11 TAIN ; CURES WIND COLIC, and
U the best remedy for DIARKHfEA. It Is ab
solutely harmless. Be sure and isle for "Mrs.
winslow's Soothing Syrup," and take no other
kind. Twenty-five cents a bottle.
John Says:
"Hundreds of miles
away from Omaha
without a THUST
nUSTEB Go CIOAB
In your pooket. Hor
rible thought I Vaca
tionists take warn
ing. .Better 1st ma
wrap you up a box
or two."
John 's Cigar Store
16th & Harney Sta.
BELLEVUE COLLEGE
Normal and High School
SUMMER SESSION
June 16 to August 8.
AMt'SKME.NTH.
LAKE
MANAWA
"40 Mlnutts from Omaha"
Dancing every afternoon and even
ing. Boating, rioller Coaster. Merry-Go-nound,
Miniature Railroad, Mov
ing Pictures and many other attrac
tions. DOIT PHrT,IPPINI AND HIS OBAXTj)
SIMPHOltT BAKU
(Forty Artists)
As sis tad by Mmo. Buzanna Lehmann,
Soprano Soloist,
Coming Sunday, Jans 33.
J
River Excursions
Steamboat Saturn
FOR FLORENCE AND RETURN
BOAT LEAVES DOCK FOOT
OF DOUGLAS STREET
Every Afternoon at ... .2:30 I M.
Returning at 8:30 1 M.
Every Evening ut 8:80 P. M.
Returning at 11:30 P. M.
ROUND TRIP 25b
Dancing Free
Music by Stockton's Orchestra
Good Order .Maintained.
B14NDEIS THEATER
'xum, .il' A i
JACOB P. ADLEK
and His rational Vsntir Company
la His Ores. Success
The Abnormal Man
? YJ'S THEATER
msT KUK
sxovcro pi ennuis
l;30 to 4:30. 7 P. m. to 10:30.
Vhm Original "Always Open" Thsat.r
t&ciu&te All Summer
K " -n's
: lans,
ouaka's unuiro
BEbT mufico
Ti.itrAiNiias.1 PtlfMt 0),ctlm
nctoras Changsd Sally 1 11 V Heat
5
Soon to 11 T. U.
mil
Time
WOODMEN FREE
WATER CARNIVAL
Show Grounds
21st and Paul
NOW.