HIE BEE: OMAHA, WEDNESDAY, Jl'LY L 11)14. July Sale French Embroidered White Piques All 85c White Embroidered Piques, 69c yard All $1.00 White Embroidered Piques, 75c yard All $1.35 White Embroidered Piques, $1 yard July Sale Turkish Towels July Sale Turkish Bath Mats Women's Gauze Underwear at Reduced Prices 35c Fine Lisle Vests, Special 25c 35c Gauze Union Suits, now 25c Lisle Union Suits, fitted or wide knee, regular price $1.00, now 79c HOWARD AND SIXTEENTH STREETS -MaMaaManM1aillBliaH TEN DAYS CLAUSE IS VOID Buffalo Court Vacates Injunction Against Hal Ghase. BASE BALL ILLEGAL MONOPOLY J a line lirnrll flays National Airrce ment Violate Common lnn, In (hnt l Interferes Trllh flight of Contract. BUFFALO, N. y., July a.-Organlxod bate ball suffered a legal defeat today when J tut Ice Herbert P. Illssell granted the motion to vacate the Injunction ob tained by the Chicago American league bate ball club, restraining Hal Chaso from playing with tho Buffalo Federal league club. The lack of mutual obligation In the so-called ten day clause of the contract under which Chase, wai playing with tho Chicago team, whereby the club could terminate the contract on ten days' notice, while the player was bound under several provisions of the "National .Agreement" formed the basis of tho de cision vacating the injunction. That organized base ball is a. violation of the Sherman antitrust law was denied by Justice Blssell, on the ground that he could not agree that "the business of bate bail for profit Is Interstate trade or commerce and therefore subject to the provisions of the Sherman act" The court held, however, that It was monopoly of the base ball business in contraven tion of the common law. Chase was served with Injunction pipers June 23, while lie was playing with tho Buffalo team at Federal park. Ho has been on the bench since. In his affi davit on Which the motion to vacate was baoed, Chase alleged that he gave tho Chicago club ten days' notice of his In tention to leave, at the expiration of which tlmo he signed the Buffalo con tract. Regarding the ten day clause, Justice BlDsell said: "The plaintiff can terminate the con tract at any time on ten days' notice. The defendent Is bound to many obliga tions under the remarkable provisions of the National agreement. Tho player's contract binds him not only for the play ing season of six months from April to October 14, but also for another season. If the plaintiff chooses to exerclea Its option, and it It insists on tha require ment of an option clause in each suc ceeding contract, the, defendant can bo held for a term of years. Ills only alter native is to abandon his vocation. "Can It fairly be claimed that there is mutuality in such a contract? The abso lute lack of mutuality both of obligation and of remedy, would prevent a court of equity from making it the basis of equi table relief by Injunction or otherwise. The negative covenant under such cir cumstances is without a consideration to support It and la unenforceable by In Junction." Justice Blssell declared organised base ball as complete a monopoly of the bust ness for profit as any monopoly can bo made. "It la In contravention of the com mon law," he said, "in that it Invades the right to contract as a property right; and in that It is a combination to restrain and control the exercise of a profession or calling?" The Injunction was vacated with S10 costs to defendent. Caillaux Made Threat to Kill Figaro Editor (Continued from Page One.) with Calmette In his office at the mo ment wheln Madame Calllaux'a card was brought in, then told ot the incident. You will not see her? I said." 1 cannot refute to receive a woman. he replied." Maltre Labor! then thrilled the over crowded court room by reading a dia logue from Bourget's novel, "The Demon uf the Midi," in which characters discuss and condemn the publication ot the heroine's love letters. Coming imme diately after Bourget's eulogy ot Gaston Calmette, with which he had closed his testimony, the reading of the dialogue by Maltre Laborl Was regarded by ob serving lawyers as a master stroke. Maltre Laborl's voice was musical and full of dramatic feeling. When he had icneluded, Paul Bourget remarked, literature is not life." He agreed, however, that private letters ought to be published, and ha did not be lUtve Calmette had Intended to publish the CalUaux letters. The scene of the shooting was then re constructed by a succession of employ of tbe Figaro. Charles Glrsudeau. a reporter; Henri Refuses to Kun for Office as Bull Mower. JOHN A. HBNNBSSY. NEW YOniv, July 21.-Invlted to Sag nmoro Hill by Colonel Itoosevelt to talk over the possibility of his running for governor of Now York on the bull moose ticket In the fall, John A. Henncssy re fused point blank to become the nominee of "any man or party that makes unfair attacks on President Wilson one of Its political assets." Henncssy also told Itoosovelt that If ho ran for any office In New York atato It would be as a reg ular democrat or nothing. llouleau, a messenger, nml Jean, a tele graph operator, related portions of their experiences. They said Loula Volsln of the advertising department was talking with Henri Honore, an artist, and Bdourd Masson. in tho room whern Mm, full. laux was watting to see M. Calmette. Prisoner la Contradicted "We never mentioned Calllnnx m Volsln, "as she said yesterday." aimc. calllaux here interposed, saying: "I Wish to ask M. Volsln whether nn nf his friends did not sav. ! th hat ready?' and whether M. Volsln did not arswor, -we navo a great paper on Cal laux tomorrow. ". j 'That Is absolutely false," said Volsln. Mme. Calllaux: "I heard Volsln .iv n his friends. 'It coats dear, but we are letting loose the hunting don an sit sides.' " Honore was then called ami flenlnH that Calllaux had been mentioned and Mas son's deposition was read to the same erreci. Other members of the staff of the FJ. garo then testified, among them Louis Latsarus, who gave a vivid description of the scene when Mme. Calllaux shot Calmette. Lattarus said he heard shots and ran to Cnlmette's room, where Calmetto had sunk In a state of collapse In a chair. M. Slrac, he said, was holding a woman by the wrists. She cried: "Let me go. I am not going to escape." Slrac then let her go, said the witness, and she stood near the door, clear-eyed and with her face neither pale nor flushed. She seemed untroubled by the fifteen editors who quickly gathered around her. "She began to speak,- said the witness, "saying: 'flnce there is no ivmtir. in "France "'Shut your mouth,' said one of the editors. 'After what you have done, keen quiet. " 'I was not speaking to you,' said Mme. Calllaux." MAN AND BOY BURNED TO DEATH AT FAIRFIELD OTTUMWA. la.. July il.-Oharloa Wal lace, aged 2S, and Charles Havner, ged 18, were burned to death early this morn ing when a restaurant at Fairfield was destroyed by fire. One of the men was sleeping and was unable to escape, while the other re-entered the burning building to resoue his brother, who had In the meantime Jumped from a window. Yankton Woman Killed by Train, YANKTON. S. D., July l.-(Hpeclal Telegram.) Mrs. Carl Westergaard, aged K, and deaf, was struck by. the evening Great Northern passenger for Ploux Falls and instantly killed near Irene Monday evening. She was assisting her husband picket cows on their farm. She did not hear the train and stepped on the track in front of It. Lame. tlactc ! Weak Kldrys Greatly helped and often cored by Ktoo- trtc Hitters: keeps kfdnoy and slomarh In healthy condition, gives prompt relief. Uo and SLOO. All druggists. Advertise ment Get anything you'd like xo swap? Una the "Swappers' Column." CARBAJAL MAYGIVB BATTLE New President Insists on Guaran tees of Safety to Life. PESSIMISM IN WASHINGTON Srrr flnvrrnmrnt Sty Carrnnslejlna Mast Xol tVrcnlf VnRpnncf on Men Who .Snppnrrtril 1hr llnrrlu llrnfmP. WASHINGTON. July 21. -Provisional Provident Carbajal does not Intend to sur render unconditionally to General Car ranza and will concentrate his military forces and resist nn Invasion rather than permit the constitutionalists to enter Mexico City without previous agreements not to wreak vengeance on the lives nnd property of those who supported General Iluertn. This Is the tenor of Information from authoritative sources today In Mexico City to Washington diplomats. It spread a feeling of pessimism In nomo quarters over the possibility of on amicable set tlement of the revolution. Kmlllo rtabasa, head of tho delegation which represented General Hucrta ot the Niagara conference, arrived here and dis cussed the situation first with the South American mediators, and then nt the Mexican embassy with Jose Castellot, personal representative of Carbajal. While denying themselves to callers, it became known thnt they favored a more ngKrcsslve attitude by Provisional Presi dent Carbajal to secure guarantees of protection for people In Mexico City and federal territory generally. They made It plain Unit Mr. Carbajal had no objec tion to turning over tho government to General Curranzn, hut must Insist on some assurances In advance that property would not ho despoiled and that there would bo no wholesalo executions or ar rests. Another aspect of tho situation which was commented on wan the knowledge that aenorol Cnrranza, while Informing the Anierlcon consul at Monterey that he would receive a commission from Car bajal, made It plain that he would do so only to nrrnngo for tho unconditional surrender by tho Mexico City authorities Diplomats wcro watching with keen In terest the reports stating that General Villa was again threatening a break with Carranza. The death o two French clergymen nnd the imprisonment of eleven others Is gllvng tho French government much concern, Charge Clatisse of the French embassy had nn engagement to present to President Wilson urgent rep resentations In that connection late today. I'nrrams Kxpcrtotl Next Week. MEXICO CITY, July 21,-Up to an early hour today followers of Emlllano Kapatn, the rebel lender who has been operating In southern Mexico, had not attacked Xochlmllco, a village twenty mites from the capital, which place they began to threaten yesterday. Xochlmllco, which Is the gate to this city and Is of great strategic value, be cause the capital gets Its water supply from th lakes there, is now defended by 4,000 federals, the garrison having been reinforced last night by a large body ot troops. Federal offllcals stated today that tho place was perfectly safe and that fears ot a Zupatalsta attack on the cap ital itself were groundless. The federals who evacuated San Luis Potosl are concentrating In Gonzales Junction nnd Queretaro. The constitu tionalist troops, it is stated, here, have. begun Jhelr advance south from San Luis Potosl. Reports received from Pnebla say the governor of that state has sent delegates to confer with constitutionalist leaders in order to arrange for their peaceful en tranco Into the state capital. The constitutionalists, commanded by General Alvaro Obregon, have arrived in Irapuato, about 100 miles northwest of the capital, and It is reported that they are preparing to advance toward Mexico City. There have been no new developments In the political situation. The general belief Is that nothing definite will be done until next Tuesday, when General Car ranza or his delegates are expected to ar rive here to confer with President Car bajal. Generals Orozco and Arsumendo and other former revolutionary chief now serving with the government have of fored their services to President Carbajal to chock hte advance of constitutionalists moving on the capital. President Car bajal has declined tho offer. The Brazilian minister Is making ener getic representations to the foreign offloe to restore the management and operation of tho cable office to the Mexican Tele graph company. The cable office was taken over by the lluerta government on April S3 and has since been operated by the government It Is believed the restoration of control to the Mexican Telegraph company will bo made this week. Youth is Kidnaped at Summer Eesort MINNEAPOLIS. Minn., July 21. Sheriff Langum waa asked today to Investigate the sensational seizure ot a nine-year-old boy from the yard of a summer cottage near Spring Park, Lake Mlnnetonka, last night. Three men In an automobile whisked up to the cottage, seised the lad, bundled htm Into the cor In spit of his screams and drove away at top epeed. The boy is the son ot Prof, L. Skinner, ot Leland Stanford University, Cali fornia. Prof, Skinner's wife, from whom he Is separated has been spending some time at Lake Mlnnetonka with her three children, the boy and two little girls. A halt dozen persons, including Mr. f klnner, saw the car speed away. The machine was started towards Minne apolis, but made a detour and went in the direction ot Shakopee. THIRD ROUND PLAYED AT L0NGW00D TOURNEY BOSTON. July il.-Stralght set victories were the rule In the forenoon matches In the Longwood tennla championship today. One ot the best matches was between Murray ot San Francisco and Dana of Providence, the former winning t-3, C-v 6-3. Summaries Iongwood singles, third round: F. C. Baggs, New York, defeated Har old MacKlnney, Providence, by default. A. K. Dabney, Boston, defeated Lewis Hobba. Narragansett Iter, 6-L -& F. B. Alexander, New York, defeated William Roaenbaum, New York, 4, , K. C. Intnan. New York. UfsJ4 A. X. Recglo, Boston. -. -L IU L. Murray. Ban Francisco, defeated Russell Dans, Providence, W. -. t-X. O. T. Putnam, Boston, defeated J. CK Thoinita, Boston. tVe C-L C-l. W. F. Johnson, VhUadrlphla. defeat J 1. Jones. Providence. -J. t-i EuXtrm cioublea rssuamlooxhipv sseand ITbaytr u lwtoai HaiT Ctated TrtsArssX. TtarlvK. carf ISrwn. Pnlla wctE, 4-1. 6A. New England's 'Little ENTRANCE TO TUB RECENTLY BOSTON. July 21. The Cape Cod canal, spoken of as "New England's Little Panama," win be formally opened on July 29. The canal will shorten distances and will provide a safer route for 26,000 sea craft a year, which have heretofore Fried Passes Away; Well Known Man in Various Activities FREMONT, Neb.. July 21.-(Sneclal Tel egram.) William Fried, vice president of tho Nye-Schnelder-Fowler Grain com pany, died at his home In this city thin afternoon of cancer, after nn Illness of about six months. Ho was born In Sweden and came to this country In 1861 during the war. He served in an Illinois regiment. He hud been a resident of Fromont since la. and nil ot that time in the grain nnd lumber business, first in the employ of Nyo & Colson and later an officer of tho Nye-WIlson-Morehouse company and vice president of the Nye-Schnelder-Fowler company. Politically he was a atronsr republican. taking an active part In local and cnuntv politics. Mr. Fried served four terms as mayor, from 1853 to 1901, and declined a renomlnatlon. Two years ago he and Mrs. Fried took an extended tour through Europe and had planned a like trip for this season, which he abondoned on ac count of his he alth. He had known fnr a long time that the disease would result latoiiy, but went out riding In his auto mobile and was about tho house until n. few days ago. He was n thirty-second decren Uinn and a member of McPherson post of tho urana Army of the Ronublic. in whinh ho took nn active Interest. He leaves a widow, a sister of Hnn. gressman Lobeck of Omaha, one hrnthnr. one son. William T. Fried of Boemer, ana a daughter, MrB. Walter Jones of Fremont His funeral will be held Thurs day afternoon and will be In chanre of th (Masonic fraternity. The services at the gravo will be conducted by the Grand Army of the Republic frotra from Lanrrl. LAUREL, Neb., July 31. (.Special.) A thirty-mile drive north from Laurel shows tho small grain In the shook and an oc- sWfirT'lHTrnaTaaaaaaaaTWIN I Once Upon a Time thero wns a Missisippi sloanihont with n whistlo so big that ovory time it blow, the boat stopped. The whistle took all thrjj s team. There aro lots of people today who exhaust all their energy every time they "blow their whistle." The trouble is, they have no reserve to carry them through' the avorage duties of every-day life. Human strength and enei-gy are obtained from food. And it is plain Uiat it must contain the vitaliz ing elements which tho system can take up and store as reserve power for occasions, not only ordinary, but extraordinary. Grape-Nuts is the food for strength and enurgy. "There's a Reason" Made of wheat and barley, it contains all tho nourishment of tho grain, including tho vital mineral Baits a combination that builds brain, brawn and nerve. Grape-Nuts is the ideal hot weather food. Con centrated easy to digest eosr to tserve crisp 3e lioious! Sold by Grocers everywhere. Big Ditch1 Open July 29 COMPLETED CAPE COD CANAL. had to round Cape Cod. The waterway Is eight miles long and Is at no place less than 100 feet wide. The opening of the canal will attract thousands of per sons from all over the country. caslonal thresher nt wen. Never within the memory of the oldest inhabitant has corn been so far advanced at this sea son. Rain would be welcomed, tut so far the crop outlook could not be better. The disposal plant for the city sewer Is Just being completed. Tho work of putting In the sewer and outlet has oc cupled some months and the total amount expended by the city Is Many fine residences have been put up In Laurel and vicinity the last two years, but what Is said to be the finest farm house In Cedar county Is Just nearlng completion on the H. M. Mayer farm, two and one-halt miles south ot town. It will cost about tf.000. uaurei young people are busy with a home talent play which they will glvo In tho new Auditorium Thursday and Friday evenings of this week for the ben efit of the local base ball club. There will be ball games on the afternoon ot the same days between Randolph and Hartlngton and the local club. Thomas Uerge, hardware and imple ment dealer, is Just completing the finest store building ever erected In Laurel. It of face-tone brick, 60x100 feet and will be modern In every respect. It will cost $8,000, exclusive of inside fixtures, plumb tng, heating, etc. Notea from Gordon. GORDON, Neb., July 21.-(Speclal.)-Rushvllle defeated Gordon 5 to 4 on the Gordon grounds Sunday In the deciding game of a series. Out of sixteen games played Gordon has lost but four. Harvesting s on in full swing in this section ot the country. Wheat and rye are making god yields, and In some fields oats will make a bumper crop. Tho corn Is In fine shape, a rain having fallen on Thursday last. The potato outlook Is very promising. A few fields are In bad shape, the result of a severe wind a few days since. Work on the new $15,000 Methodist Epis copal ehurch nt this place Is fast'-noarlng completion. Mason work has been fin ished nnd Interior finishing will Bo out of the way so that the dedication will take place early In August. The building Is of the library type, built of Rapid City red pressed brie k and is trimmed with white stone CONVICTS ARE WORKING ON ROADS AT AMES CAMPUS AM EH. la , July 21. fSpeclal.l-One ot the first things to mar the success of the ccnvlct road workers at Iowa State col lege was the escape last evening vii one of the men during the night. Hnd as yet nothing has been learned ot the missing nan Ail art of thin nature Is by no I'leani welcomed by the other members uf the working convicts, as thei are showing to the state that they can be trusted from behind the walls and are billing to begin llge anew. A search will be made for the escaped man and If found he Mill be placed behind the bars for the remainder of his sentence. The men spent Monday on the college campus enjoying the recreation offered on the camping grounds. They are quar tered In tho transportation building tem porarily. The men have been divided into a num ber of bodies nnd will be worked on dif ferent parts of the campus. One of the first things to be accomplished Is the building of n bridge over tho crekk on the newly proposed road leading Into the college from tho north. lovra Neivs Notes. WHITING The Whiting Chautauqua dates hax-e been set for August 9 to 13. Among the headllners will be Richard P. Hobson and the Erwln band. This is hltlng's first ohnutauqua Dr. Bradbury, Dentist 1B08 rarnam. rhone S, 1768 31 Tears Same Office. SAFETY FIRST PAINLESS OPERATIONS Money-Back Guarantee If we cannot please you ACrown or Bridge Tooth $2.50 Up Best Work Warranted 10 Tears. Send for Illustrated Booklet Free. nvomswapuRENaiLK for Infants and Invalids Got HORLICK'S It means (ho Original and Genuine Tha Food-Drink for all Aces Rich milk, malted grain, in powder form. For infants, invalids and crowing, children. Purenutrition, upbuilding tha whole body. Invigorates nursing mothers nd tha aged. More healthful than tea or coffee. Take no substitute. Ask for HORUCK'S HORLICK'S Contains Pure Milk Omana K EflL Omaha LIQUOR and DRUG Treatment 1502 S. 10th St. Phone D. 7650 OMAHA f m m m in ii i 1 1 Bee Engraving dm DESIGNERS , ILLUSTRATORS ENGRAVERS COM'L PHOTOGRAPHERS WE HAVE more than 10.000 photographic subjects In our files which include promi nent people, sports of all kinds, character subjects, animals, live stork, poultry and can supply im mediately cuts of most any sub ject for Illustrating you may neea. Phons Tylsr 1000 or writs us. ISO & Bnlldtor. Omaha, Vtfc- iOTfijfTOiF ffnrTrwriaaai ' fsrfir n II BEDROOM FURNITURE 1-3 Off This Chiffonier Golden Oak, Wns 335.00, Now The Surplus Stock of two Grand Rapids factorios bough for cash at V3 off and offered to you at the same reductions, offering such savings as these. DRESSERS $44 Oak Princess $29.00 $52 Walnut Dresser. .$34.50 $50 Mahogany Dresser $33.00 CHIFFONIERS $60 WalnutChiffonier $40.00 $64 Maple Chiffonier $42.00 $18 Oak Wash Stands. .$9.00 DRESSING TABLES $25 Oak Dr. Table $16.50 $69 Walnut Dr. Table $46.00 $80 Mahog. Dr. Table $53.00 Orchard & Wilheln Co, Lincoln Sanitarium rflPrft UN HlHsggWll Newly Rebuilt. Doubled Capacity, Electric Elevator, Modern in tivery way. Sulpho Saline Springs LcaUd on our premises and ussd In tha Natural Mineral Water BATHS Unsurpassed in tha treatment of RHEUMATISM Heart. Stomach. Kidney and Uver Diseases. Moderate charges. Writ for rates. Dr. O. W. 0VBHKTT, Mjrr. 140S K St, LUICOLN, NEB. Hot weather sense Eat cooling foods in clean sanitary places. Tiie Pure Food Sign. Quickserv Cafeteria Basement City Natl Bank Bldg Or Boston Lunches. 21 South 18th St. 140Q IJoHglas St. 1408 Fa mam St, SCHOOLS AND COLLEGES NEBRASKA MILITARY ACADEMY LINCOLN It Is time to sslect a school for you boy. Toa XTsbraska Military Academy offers healthful location, modern fire proof buildings, the best care and In struction. Good roomn. good beds and good' things to cat. Prepares for col lege and business. Enrollment has be gun. School openB September IStb. For Information, visit tho school, talk to our patrons and address B. B. HAT WARD, Superintendent, Lincoln, Hem-aska. DUBUQUE COLLEGE "Sff (Fonntrlr St. Jortph't ot!tO Boarding School for Boysj?rar.r,,,s5r ,R?; 1 1 1 aH gchool and Colin Ceunaa leading u Riehtlor at Ana, Bachelor ot Lattcra tnd Bachelor of Scleuce deartea. IUtutrate4 SosTeisIr and CaUlosva &at on requeat AM l.'SKMEXTS Tel Jed 'Sokol Gymnastic Tournament at Rourke's Base Ball Park JTTXiT t3-Sfl Inclusive, t JL. X, to V, 12, Tickets on sals at Myera-Dfllon Drug- Company. TovaMnd dun Company. Khfnn&n & UcConnell Drag Co. Vosher Cigar Store, 12 til as4 rarnam. Cermak. Druggist. 11th and William. ssuoU ailrrrlssitsm. W aast Ma, Mea ami Bta 75c llilf$23 4