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
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and
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Treatment
1502 S. 10th St.
Phone D. 7650
OMAHA
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The Surplus Stock of two
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bough for cash at V3 off and
offered to you at the same
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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
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tha
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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
