Lincoln Nebraska State Journal from Lincoln, Nebraska • 8

NEBRASKA STATE JOURNAL, FRIDAY MORNING, JANUARY 4, 1907. 8 SHIPPERS BOUND BY LAW MODISETT JURY IS PICKED Oreat amiavy Sale Jleariie OW going on and goods going out very fast. This is the largest clearing sale we have ever conducted. Our sales have been rapid but this should bo tho that city needs' at least fifty more men on the police force, a larger fire department and strengthening In other departments, such as park system. But he maintained the legislature should give relief.

Many In close touch with the situation aver that the mayor jumped in on the Impulse of tho moment last-spring and reduced the levy to make good on the democratic platform; that plank which referred to an economical city government. All Tote 10 Give Him a Caaaee. When the levy, was fixed several of the -councilmen and city officials told the mayor he was trying to practice false economy to -make a showing. But the records show that when the resolution came up for consideration every councilman voted for it Just to give the mayor a chance to make good and shoulder the responsibility. Although In session over two hours the council made no real headway with the apportionment matter, further than to hear from the heads of various departments and; talk over a proposed plan of apportionment as submitted by the finance committee of the council for action.

This statement was prepared In consultation with the mayor, who called on each department for a report -with estimated amount necessary for 1907. In the statements practically every department called for more than was' allowed during 1906, but in view of the $50,000 deficit there was nothing to do but to distribute the $50,000 reduction, through the various funds. How 1e Cat Was Mate. The proposed reduction was made In this manner: Fire fund, police fund. lighting fund, library fund, $2MX; park fund, cleaning and sweeping fund curb, gutter and paving fund.

geArt fpnd, $20,000. The proposed reduction "of the fire and police funds brought, objections from Chiefs Salter and Donahue, who 'outlined the needs departments. But the mayor interposed by savins that $3,000 from MIDWEST LIFE ITEMS. Mr. J.

H. Mockett, who has been with the Midwest Life practically since Its organization will, after January first, be advanced to the position of assistant superintendent of agents. President Snell still continuing to act In the capacity of superintendent. With the beginning of the new year, Mr. Frank Perkins, who has been with the New England Mutual for the past three years and Mr.

Maurice A. Hyde, who has been one of the successful salesmen for the Lincoln Paint Color -company for the last eight years, will take op agency work with The Midwest Life. The officers of The Midwest Life feel that they are to be congratulated upon the number and character of the men now upon Its agency fofce. If not another were added during the year they should produce a million and a half of business during the year 190. The Midwest Life will close the year with a trifle over $530,000 of paid for business In force, or an average Of $70,000 a month for the eight months It fcas been operating.

strengthened. Instead being wiped off the books as having served Its purpose, additional and severe liabilities were and more drastic remedies and penalties authorised. For the offense with which the defendant stands charged, the preceding Elkins law prescribed punishment oinly by fine. The view-entertained by the present congress respecting this offense finds expression in the provision authorizing the additional penalty of Imprisonment In the penitentiary. And the court Is asked to hold that this same congress deliberately intended' to paxdon all unlndicted prior offenders, whose conduct It was, more than all other causes that moved congress, to enact the rigid and far-reaching measure oj June 29.

Penalty IVot Extinguished. "My opinion is that, whereas, at common law, the repeal of a penal statute extinguishes all penalties for offenses against Its provisions In the absence of an express saving clause, under section thirteen, the repeal of a penal statute extinguishes no such penalties In the absence of an express extinguishing clause, which the rate law does not contain; that the so-celled saving clause in section ten" waS Inserted for the sole purpose of definitely prescribing the rule of procedure that should control the prosecution of causes then pending in various states In the courts, thus avoiding the con-fusion and controversy which, as experience has shown, must otherwise have resulted." The court- overruled the to eight of the indictments, and sustained it as to two on technical grounds. MAY BRING SUIT FOR LIBEL largest sale as our stock is twice as large arid our prices are much lower. jVe haven't been marking bur goods up and giving 20 per cent off as sorno do, but give you a big cut on the lines we are over stocked in. A but not so deep "in lines that We are not over stocked in.

should wo sell our low profit goods with the same discount as our high profit goods? Something wrong, don't be deceived, a merchant who is fair to his patrons wont mark goods up and then give 20 per cent discount. This would give him tho same profit as before his sale began. Wo do not believe a merchant can give a straight 20 per cent off on his entire stock. Come in and see all our goods at the' prices we sell them at and then investigate pur statement. Come early in the day and avoid the afternoom rush.

Stoves at your own price They must be cleared out within the next few days. Ladies Suits and Coats at 1-3 off, Silks 1-3 off Furs 1-2 off, Millinery 1-2 off, Childrens dresses 1-5 off. Mens Outing Flannel Gowns 43c, 69o and 87c. UTTER-HENRY' Co. STORE LINCOLN NEB.

JIDGE LA1CDIS UTILES AGAINST STANDARD OIL DEMURRER. DETERMINE POINTS INVOLVED Says Law Was Effective When Vlo-lattoa Is Alles-ed to Have Beem (Bitted ud That Oil Trust Mast Defend. CHICAGO, Jan. 8. Judge Landis, In the United States district court, today overruled the demurer of the Standard Oil company to eight indictments pending against that corporation, but sustained the demurrer as to two other Indictments because of technical de-fects.

"These prosecutions," said the court, "are for alleged violations of section one of the act; approved February 19, 1903, known as the Elkins law. Tho charge is that the defendant obtained the transportation of Its property by various railway companies at rates less than those named In the carriers' published schedules. The offenses are alleged to have been committed prior to the enactment. of the law approved June 29, .1906, known as the rate law. These indictments were returned August 27, 1906." The court ruled against the defendant's contention that the Elklns law was enacted really to prohibit the employment of Indirect methods to obtain preferential rates.

It being the defendant's contention that It was not a violation of the law, if a railway company dealing directly with a shipper, gave that shipper a cut rate. Shippers Bound by Law. The court also ruled against the defendant's claim that tho provision of the Elklns law requiring shippers to adhere to a published rate was void as being against that provision of the interstate commerce law which required cariers to transport property for a reasonable rate, the court holding that carriers and shippers were both required to adhere to the pubullshed rate until soch rate was publicly changed in the manner provided by law. The court further ruled against the defendant's contention that the indictments were bad because the interstate commerce law did not require railway companies to publish rates between points beyond the carrier's own line of road, holding that If a carrier, having made an arrangement with connecting lines for the transportation of property beyond Its own line, should thereupon publish rates for the transportation of property between such points, the carrier must therefore be held as to the shipping public to have facilities for the transportation of property to such points beyond its own line and that the requirement of the law applied to such a case with the same force that it applied to a point on carrier's own line. Terminal Charges as Rates.

The court ruled against the defendant's contention that the provision of the interstate commerce law requiring cariers to publish terminal charges was not operative upon consignees, holding that in respect to such terminal charges, inasmuch as the consignor would have but little, If any Interest In the question, the law plainly was Intended to be binding on consignees. The terminal charges ln-ques-tion consisted of large amounts of storage charges that had -acorued on petroleum consigned to tho Standard Oil company at Chicago, and which the indictment charges the Lake Shore Michigan Southern Railroad company cancelled and released to the Standard Oil thus giving the Standard Oil company a rebate In respect of the transportation of the petroleum. "It Is contended in behalf of the United States," said the court, the act of June 29, 1906, did not go into until after these Indictments were returned. It Is urged that the postponement was effected by the adoption of the joint resolution of congress, approved June 30, 1906. That resolution provides that the rate law 'shall take effect and bo In force sixty days after Its approval by ttha President of the United Law Was la Effect.

"Of course the purpose of this resolution is obvious. But It was wholly ineffective until approved by the president. This was done on June 30. And, by its own terms, tho act became effective on its approval by the president one day before. Plainly here-fore on June 30, the resolution was powerless to postpone that whicn had already occurred on June 29.

While possible on June 30 the resolution might operate to suspend the; act for a of time (and as to this I express no opinion) the questions presented by the demurrers sto these indictments are to be determined as if a postponement or suspension of the act had not been attempted." After observing that the Elkins law was repealed by the rate law and that, unless there "was a statute keeping alive 1 for future prosecution offenses which had been committed against tho Elkins law prior to its repeal, the court quoted section thirteen of the revised statutes of tho United States enacted in 1871. "The repeal of any statute shall not have the to release or extinguish any penalty, forfeituro of liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining In force for the purpose of -sustaining any, proper action or prosecution for the enforcement of such penalty, forfeiture or liability." So Impairment of Power. "This law," said the court, "has been attacked here as unwarranted attempt by the congress that enacted it to curtail the authority of succeeding congresses by limiting in advance the effect to be given to their enactments. under our constitution, each congress is the equal, in point of power, of any predecessor or successor. Therefore, no congress has authority to draw In the boundaries of the legislative domain to the embarrassment of any other congress.

But as I read section thirteen, this is not attempted. It is rather the substitution of a new rule to be observed by the courts in the construction of statutes thereafter to be enacted. It -seems to me that such new rule is no more an Impairment of the legislative power of such succeeding congress than was the previously existing common law rule an Impairment of the power of preceding congresses. That congress had the constitutional power to make the change is plain. That any succeeding congress may abrogate the new -rule and restore the old rule Is equally plain.

That, until such old rule is restored, each succeeding congress Intends that the courts shall be guided by the new rule In giving effect to their enactments, seems to me beyond question." To Enforce the Statnte. "It Is the duty of the court," says Judge Lanrjls, "to enforce the will of congress as expressed in the written enactment. In the ascertainment of that will, I am not at liberty to Ignore the ultimate object of the law. That object was the establishment of uniform rates, reasonable In amount. The former law having failed to accomplish this.

It was, PREPARATIONS F5DER WAT FOB SECOND U3TD TRIAL. MAYOR JIM HAS TROUBLE Omsk EieeitlT Falls tm Pat Tkmck Pet Flam Colored Soldiers Aro Kejectol. OMAHA, Neb, Jan. Seven of the twelve men who will constitute the jury which will hear the second of the bis land cases In the United States district court wered-rawn this The defendants are A. Modisett.

A. R. Modisett, H. C. Dale and C.

Bmoot. They are charged by Indictment of the federal grand jury of con to defraud the United States out of title to large tracts of government, land by means of false, fraudulent andy fictitious entries, and for conspiracy to suborn perjury. The lands In question are located In Sheridan county. The total lnclosure of the Modisett- brothers comprises about 40,000 acres, of which nearly 10.000 acres are alleged to be public i lands. Tha attorneys for the defense are W.

F. Ourley and Joseph W. Woodrough of Omaha. The Interests of the government will be looked after by District Attorney Charles A. Goes and Special Attorney S.

R. Rueh. Two ITewspaper Mem Eieucd. The case was called at 10 a. tin.

A panel of eighteen jurors was drawn, including the above named selected jurors," Judge Edgar Howard, ditor of the Telegram of Columbu, and W. M. Wheeler, a newspaper man of Fairfield, and four others, the last tlx being excused for cause. Judge Howard, upon being asked If he knew eny of the attorneys for the defense, replied: "I have a pleasing acquaintance with MrGurley." The indictment consists of eighteen counts and the government elected to proceed to trial with the first seventeen counts. Twenty-seven witnesses have been summoned in the case, inclusive of which are several Indians who.

It is r.wcecu, were prucurpq 10 inane nungs cn the disputed lands. The entire forenoon of Thursday was occupied In the selection of a Jury. The remainder of the petit Jury panel rot engaged in the trial of this case were excused for the term, as no more Jury trials will be called for the present term of court at Omaha. It Is thought that the trial will occupy about ten days. Statements of Attorneys.

The attorneys did not make their statements to tho Jury untH the afternoon session of tho court. The first witness to be summoned will be Bruce Wilcox, registrar at the Alliance land office, who will be called for the purpose of Identifying the disputed entries upon the records of that office. Hts evidence possibly will occupy the entire afternoon and much of Friday morning. After the Jury had been selected and the challenged members of the panel dismissed. Judge Howaid, who was one the Jurors let out for cause, remarked: "I am glad to be relieved from tho Jury box, but It strikes me as strange that an element of disqualification for a juror bould be that he Is acquainted with tome of the attorneys." One of the witnesses, in talking to a frind- In the corridor of the federal was asked wher he wu stopping.

"Oh, I am Just putting up at a little dinky hotel now. Ordinarily I would stop at a better hostelry, but I don't own cattle enough to stop there during this Troubles of Mayor. When the 1907 city, levy was established last spring at the Instigation of Mayor Dahlman. who wanted a reduction of $50,000 In the various funds, the mayor told the council he had a and would make 'good when the time would arrive. That time arrived In the council chamber Thursday morning, when the council and mayor met to fix tho apportionments for this year and Mayor James was called upon to explain his "way." lip said It was as easy as rolling dovSi hill.

"Just lop off 50.000 as proposed In the statement prepared," the mayor said. "I feel the same today about this matter as I felt when I first brought the matter before the council, and no reaj estate exchange, commercial club or any set of men can tell me we cannot run the city on 150,000 less in 1907," he continued. And yet the mayor loudly declared in tho council chamber Thursday morning Allan Stomach Stunt's Dyspepsia Tablets Restore Lifeless Organs to Iformal Condition. A TRIAL PACKAQI TXXZ. Many a sufferer from Dyspepsia, Indigestion, and kindred ailments of the digestive organs carries around an absolutely useless stomach a dead load, and a cesspool for ever-Increasing disorders.

The muscles are seemingly worn out. the mucous lining has lost Its Becretlve power, and food taken Into the stomach lies there and ferments, causing sour eructations, belchlngs, heartburn, dizziness and other distress, lng conditions. Many sufferers have given up in despair until they have been Induced by some Interested friend to try a box of Stuart's Dyspepsia Tablets. Stuart's Dyspepsia Tablets are the dyspeptic's sure and only hope. They are a natural restorative of healthy action to the stomach and small Intestines, because they supply Just the elements that the weak stomach lacks pepsin, diastase, golden seal and other digestives.

If you are afflicted with any of the symptoms above described, be assured that your digestive organs are losing power; they need help and there Is no more sensible help to be given them than to supply elements which will do the work of digestion for them. Stuart's Dyspepsia Tablets have been found by the test of reputable physicians in the United States and Great Britain to have remarkable digestive powers, one grain of the active principle of these tablets being sufficient to digest S.000 grains of ordinary food. It Is plain that no matter what the condition of your stomach, or how far veur disease has progressed, one only of Stuart's Dyspepsia Tablets taken at meal timo will do the work give our stomach an opportunity to regain its lost powers, the muscles will be strengthened, the glands invigorated, and you will be a new man. It costs nothing to prove the effectiveness of this Acure. Send for a free sample package today.

F. A. 8tuart Co 78 Stuart Marshall, illch. AH druggists sell Stuart's Dyspepsia Tablets at 50 cents a box Advertise The time is at hand in Lincoln when an electrio sign is as important to an up-to-date merchant as a show windo-wr. It is cheap and good advertising.

Even if your store is not open evenings except Saturdays, your electrio sign keeps Tight on burning your name into the minds of the people seven nights in the week. Phone us and we will send an expert to talk with you. r- 1 i. t. Lincoln Gas Electric Light Co.

nhe police fund and $5,000 from the fire fund would not make any material difference, in view of the fact that both departments were In need of legislative relief anyway. There was little contention on the lighting fund reduction, as 1908 collections showed that the proposed cut of $10,000 could be stood in someway, f.o""'- Colored Soldiers Rejected. Twenty-nine recruits were obtained for the United States army at tho Omaha station during the month of December' and many applications were rejected during the month, although Uncle Sam la exerting a special effort to secure new soldiers. Several colored applicants appeared for enlistment, among them four or five of the discharged members of the Twenty-fifth Infantry. These applicants were rejected, as an honorable discharge- Is a necessary equivalent for re-enlistment.

Another applicant from company Twenty-fifth Infantry, who was at Brownville, but was honorably discharged before Uie order for the discharge of the -battalion "without honor" for participation In the Brownville affair, was refused enlistment, though his discharge bore an excellent character. Of the twenty-nine recruits for the month five applicants were received from seven from Grand Island and. four from Sioux City, which are sub-stations of the Omaha office. At the Omaha office alone only thirteen recruits were accepted out of sixty The same rules -still prevail regarding the rigid physical requirements of recruits. They merely apply for enlistment at Omaha, and If found physical ly qualified are sent to Jefferson barracks, where they are subjected to an additional physical examination and then 'formally enlisted if accepted.

The war department has sent out word all along the line to make extra efforts to secure suitable material for the army and additional sub-stations are ordered established where it may be found, possible to secure available recruits. Men are enlisted at the Omaha station" and' sub-stations for all branches of the service, the recruits being permitted to. select the branch of service they prefer. "Sew Veterinary Statutes. A 'meeting for the organization of a state "veterinary association Is to be helcl.lh tiin'coln, January 15, in accordance with a call Issued by Dr.

A. P. Barnes of Plattsmouth, who has Initiated the movement after correspondence with about 100 members of the profession. The primary object of the associa-' tion, so. says the call, will be te the of the law.

regulating the practice of veterinary medicine, surgery-and -dentistry, the old law having been -held- unconstitutional by tha courts; Dr. Barnes is distributing copies of a bill whleh has been drafted, to present to the legislature for consideration It provides for tho establishment of. a state board of veterinary-medicine and the appointment of examiners and secretaries, outlines the conditions under which veterinarians shall practice and prescribes penalties. Burglar Fools Offteer. After unwittingly detecting a burglar in the act of robbing the saloon of 3.

F. C. Rumohr, 224 North Sixteen about 2 a m. Thursday, Block Watchman Klssane was thrown off the scent by a clever bluff put up by the thief: Officer Klssane saw the man in the saloon and asked him what he was and the fellow replied: "Oh, that's all right. I'm the porter and am cleaning up." This satisfied the watchman, who departed without investigating further, but later the attention of Sergeant Various was attracted at the sight of the rear door to the saloon being open.

Sergeant Vanous found tho door had been broken opon with some heavy instrument, but that the burglar had not taken anytnlng from the saloon, evidently being frightened by the appearance of the watchman. Burglars gained entrance between 3 and 4 a. Thursday to the meat market of George Kurz, 608 South Thirteenth street, by prying open the front door, but obtained nothing for their trouble, although they rifled the cash drawer and the safe, which was left open. Mr. Kurz said he was certainly thankful he had left, the safe unlocked, as it.

would probably have been damaged by being blown open by tha robbers If he-had had it locked. DECIDE PRECEDENCE BT LOT. WASHINGTON, Jan. S. The members of the governing board of the bureau of American republics have arranged by lot the rotation in which they will be represented on the supervisory committee.

This committee, under the regulations for the conduct of the bureau, adopted at the Rio conference last summer, will be composed of four members who will serve for one year, being succeeded by the four members next in rotation. The secretary of state of the United States will be the permanent chairman. The committee this year will be composed of Washington representatives of Haytl, Peru and Panama. Minister Leger of Haytl is vice chairman and Minister Carbo of Ecuador secretary- SURVEY FOR SEW CHAXXEL. Jan.

3. Through the war department a report by Brigadier General Alexander Mackenzie on the survey for a ixteen-foot channel the Mississippi river between the mouth of the Missouri river and St Paui, was submitted to congress today. The expense "for completing such a channel Is placed at $20,000,000. POSTPONES RESOLUTION. WASHINGTON, Jan.

3. The senate today agreed to postpone, further action on Senator negro troop resolution until next Monday. Open Evenings Auto 2575 New York Cotton Exchange Considering Such a Move. NSW YORK S. President Hubbard, of the New Tork cotton exchange, today announced that Henry W.

Taft had been retained by the exchange to represent it in any proceedings which may grow out of the application for a fraud order filed yesterday at Washington by Representative Livingston of Georgia and Harvle Jordan, president of the southern growers' association. "Wo do not fear any step that may be taken by the postofBce department against the exchange," said Mr. Hubbard," because we are confident an investigation will demonstrate the high character of our Institution. When the proper time comes our attorney will represent the exchange In (whatever proceedings may be Instituted. I' have as yet received no official Information from Washington of any steps having been taken." The following resolution was adopted today by the 'board of managers: "Resolved, That the counsel of the exi change be consulted as to the advisability of bringing suit against Leonldas L.

Livingston, congressman from Georgia; and Harvle Jordan, president of the southern cotton growers' association, for libel and if possible for criminal libel In the affidavits which they have addressed to the. postofBce at Washington requesting the Issuance of a fraud order against the New York cotton exchange." RACING AT NEW ORLEANS Zanlls, a Flfteen-to-One Shot Was First Winner. NEW ORLEANS, Jan. 3. The victory of Zanlls at 15 to 1 in the, first Tace at the fair grounds today 'was a sur-pise.

Bettors iost havily on this race as-Spider Web the favorite secured only third place. Jockey Aubuchon who was injured yesterday was back In the Saddle Jockeys Smith and Gardner are rapidly recovering. Weather clear; track fast: First, five furlongs Zanhs won, Dine-mock second. Spider Web third. Time, 1:01 3-5.

Second, three furlongs Workaday won. Hazel M. second, Rebel Queen third. Time 3-3. Third, seven furlongs Sllverskln won, Rustling Silk second.

Limerick Girl third. Time, Fourth, seven furlongs Florlzel -won, Telegrapher second, Kittle Piatt third. 1:27 4-5. Fifth, six furlongs Spion won. Campaigner second.

Refined third. Time, Sixth, one mile Flavigny won, Harrna-kls second. Pride of Woodstock third. Time, 1:40. NEBRASKANS IN WASHINGTON Call on the President and a Reception, WASHINGTON, Jan.

Garfield today introduced Ralph and daughter of Omaha to President Roosevelt. Congressman Norrls was the only member of the Nebraska delegation present at the session of the house today. Senator and Mrs. Burkett, Mr. and Mrs.

George Tobey and Ralph W. Breckenridge and daughter were among the Ne-braskans attending the White house re-ceptlon tonight in honor of the diplomatic corps. H. C. Lindsay, clerk of the supremo court of Nebraska, arrived in Washington today.

WOULD LEASE COAL LANDS Bill Now Pending In Congress With That Purpose. WASHINGTON, Jan.1 3. Senator Nelson today introduced a bill to prohibit the sale of lands on which are situated bods of coal, lignite, asphalt, petroleum and natural gas in the government domain until such deposits have beenex-hausted. Provision is made for leasing for terms not exceeding one year for the purpose of having them Persons making explorations and discoveries are to be given the preference In the right to lease and work the deposits. KANSAS TOWN NEEDS FUEL Orders Diverted by Santa Fo and Citizens Suffer.

LARK IN, Jan. 8. This town is-entirely out of fuel. Dossens of cars ordered weeks ago have been -diverted to other towns or used by the railroad company. E.

D. Snow, a leading today wired the general manager of the Santa Fe railway; "Send less fruit and Junk and some coal. People are desperate here." TOURING THE UNITED STATES. PARIS, Jan. 3.

The Journal says that Jacques Lebaudy, tho self-styled emperor of Sahara, is making a of the United States. A QUIET LIFE. Warm fireside nooks the -newest books, A chummy friend like you, A wife. that's fair an easy chair A bowl and for two, A song or two, the kind that woo Our thoughts from care and strife, A mind that's bent on sweet content; This Is the Happy Life. Bohemian.

NORTH SIDE DEPT. ANTI-SALOON LEGISLATION SUGGESTIONS FOR MAKING IT EFFECTIVE. Breweries Are Now Behind Most Sn-', loons Hotv the Pnbllo Should Fight Them. -SEWARD, Jan. 2.

To the Editor of The State Journal: Permit a few suggestions along the line of practical temperance legislation. The county 'option M0 far a soea. but it does eg0Baiaoonsn0.UnSl1-. Man wSSld Baloon in. a unit, and manv towns, as now, would encourage them and we should then have the nrea Biocum law to Time ha.

f'8 workmls. ForTn" stance the applicant for license i i. most worthless jfi matter of fact, the brewery trust of the state wn Practically ail the saloons The six saloons of this town, for instance are owned by the various members of tha brewery trust, and the appYlanu lot thelr br tenders, and financially worthless. Now, imagine i. remonstrance under the present law- Tht Who 18 represVntml the public, must pay all witness fees, tne costs of serving nnd issuing all leirai papers and the cost for a transciiDt of fni Snlt Uh wh-lch is cora-S matter what the evidence lhe applicant is of course defended ii for the hrewery trust, while the remonstrator must hire and pay his own lawyer.

As a rule the district court will Bustain the remonstrance tor the evidence is usually sufficient and render judgment lor costs against the applicant. But this Judgment Is uncollectible and the breweries merely have some other of their bar tenders make another application, while tne remonstrator finds he has been to a large expense to hlmxrtf and accomplished nothing, further than placed himself in a position to be murdered, as was Mr. Cox last week. Tha remedy for this defect would be, tirst, to make it possible for a to file and prosecute his remonstrance without cost to'himself. He is simply representing the public, lust as a complaining witness in a criminal case does, and should not be compelled to pay tha expenses of prosecution.

All witnesses should be paid by the municipality granting the license, and the county attorney should be compelled to represent the public. Secondly, to save these costs to the public, the applicant should lie required to deposit with the city clerk a sum sufficient to pay the costs and expenses of a remonstrance, should such remonstrance be sustained. On the other hand, should the remonstrance be shown to have been malicious and without probable cause, the court should be empowered to render Judgment against the remonstrator. Next, require the applicant before the license is granted, to publish along with his notice of application, his petition, with all signatures thereto. This would give the public an opportunity to know Just how many pious old d-acons there may be on the pttitlon.

Further, require the wife of each freeholder to sign with him in case he Is married, and make the petitioners liable for costs in all criminal acts of the applicant under the license, where he has been found guilty of violating the -terms of his license. Further-, rvpeal the present law, slipped throusli the last legislature, which permits the giving of bonds of surety companies, for tills enables the breweries to control the saloons of the state, and require bondsmen to be residents of the ward wherein the saloon is located, and make them liable for all criminal as welt as civil liabilities of the license. Further, make It Impossible for the brewery trust to own and control the saloons as at present. This Is of course difficult thing to do. and is not permitted by the present law, but the law as It now stands is easily evaded.

A provision making it impossible to collect a debt owing for liquors, where it -Is shown that the saloon is owned, not by the applicant, but by the brewery, might help. As things now are. saloons are everywhere multiplied beyond reason, owing to the desire of each brewery to own a saloon In each town, whereas under the old system there were fewer saloons. Before present conditions obtained this town had three saloons it now has six with the prospects good' for more so soon as the public can be "educated" to believe more a blesving. If the members of the legislature will get down to business and ctve this matter half as much thought as they will give these lesser evils which hurt only the pocketbook, and do a little in the way of protecting the home and the morals of the growing generation they will deservo more thanks from posterity than they ell 75 can by any other legislation no matter how much it may save us In pocket.

This legislature certainly owes nothing to the saloons of the state. The senator from this district has merely to read the election returns from this county to learn that fact and I think the representative, from the county ought to know a. well. I presume it was the same everywhere as here the saloons were a unit in helping the railroads slaughter those who opposed railroad discrimination, no matter what their politics. Your.

HAVE NO INFORMATION. WASHINGTON, Jan. S. The state department officials re still without advices from consular or nlomatio officers in China concerning the mass meeting reported to have been held in Canton for the purpose of reviving the boycott on American goods, but It was stated at the department today that this government feels sure the Chinese government will not lend its assistance to a revival of the American boycott. The state department does not believe that any movement not countenanced by the Chinese government will havo great success.

TRIED TO JCIIX HIMSELF. SAN FRANCISCO, Jan. E. Jerry attempted to -commit suicide here last night by Inhaling gas. He-Is unconscious, but the physleians say he will recover.

Ilo Is the brother of James and Wvllys Carey, of the firm of insurance stock brokers of Terry at No. 0 Wall street. New York city. NEW TORK. Jan.

E. Terry, who attempted to commit suicide in San Francisco last night. Is a member of a fami'v prominent socially in Urook-lyn. The firm of Terry Co. is well known In lnsuranc.

circles. LEAVE THE ASSOCIATION. BREMEN, Jan. S. As a result of th.

dispute between the German shipping lines and their offloers, originating in the company's demand that the ofners withdraw from the German captain's and officers' mercantile marine association, the officers of all the Bremen line, resigned from the association today at the request of the companies, except three, who were dismissed. The dispute at remain, unsettled. GOMPERS WILL COME BACK. CHICAGO. Jan.

8. President Shea and other. on trial with him were cheered today by a cablegram from President Gompers. of the American Federation, of Labor, now In Havana, saying be would come direct from Cuba lo Chicago. It had been understood that Mr.

Oomper. would not be able to come because of the fact that he had gone to Cuba. RECORDED AST EARTHQUAKE. LiAIBACH, Austria, Jan. I The seismograph at the observatory here yesterday recorded at 1:15 p.

m. a severs submarine earthquake, 11.200 mile, distant. It is stated that the distance sug- IN Btora lloor we guarantee, you purity. It Is brewed In shining copper kettles, aged In hermetically sealed tanks, filtered through whit wood pulp, put in sterilized bottles without coming In contact with the air, then pasteurized by tha approved process. It Is absolute ly free from the germs or impurities that lurk In water, milk, tea, coffee, or other beverage that's why tha most prominent physicians recommend It.

It's use promote, good health, and true temperance. Keep a case of. It la your home. btora prewing Co Omaha. B4 uimwjuu BUY 8TORZ BEER By th.

Case (2 dozen bottle.) from M. J. WILBEH, 838 8trMt. Lincoln 'PHONE F142. lias.

hMNwfl 4 by Million, of Motfc.ru for th.fr fulklreu whus Ten blur for or KlfiT Ymj--t sootse. ttm oano. th. sum. auiVi remedytor oJjJrVva, TW-fT? enm a geU sn earthquake In the South Pa clhc ocean east of New Zealand.

TO MODirr A TREATY, WASHINGTON. Jan. Gear- ha would call up hi. resolution that negotiation; be entered into wish Japan 01 the, existing trektS with that country..