The Lincoln Star from Lincoln, Nebraska • Page 6

SIX THE LINCOLN DAILY STA1. SATURDAY EVENING, $AY 'IK ARKET QUOTATIONS of THE DAY EUSiER TONE 0 VELOPtS IN THE WHEAT CORN FIRMS WITH UNFAVORABLE CABLE REPORTS. Follow Coarse Grain but Trade Move Up 'Ward. Chicago, May WHEAT--Rain "In the soutnwesi tended today to make the wheat market easy. Continued Iry weather was rcKaraed as llkelv to cause greater danger of crop Injury from Hcsslun fly.

It took but little buying, however, to hold close to' the previous day's finish. The opening, which was HC off to '4c up was followed by a slight sag all around. Subsequently congestion became very npparrnt In May wheat und led tors to taJte to the buying side of deferred futures. were reports that Hess ion fly had spread into Kansas, notably Sallna and Ottawa counties. The close was unsettled at net advance.

CORN---Corn showed firmneis on account of unfavorable conditions In Argentina. Auspicious weather for domestic planting served as an offset In part. Quotations started down to higher and then huidened, May The bears suffered worse aflc-r Buenos Ayres dispatches indicating that rain damage was being Increased by excessive beat. The alosc was steady ii'tf above last night. OAT8--Oats followed corn.

Tiade, though was small. PROVISIONS--Notwithstanding lack of demand, provisions up with corn and hogs. Most of the business was In tard. Chicago or Prices, (From Goffe at Carkeuer. 201 So.

llth SL) Chicago. May 16. Open High Low I Close Ystdy. Wht May July Corn May July Dats May July Sop Pork Msv Julv Lard JuK- Julv 1 96- 87 39 38-38 i'OOO 1020 1135 98 88 69 Vj CG'i 30 2005 102t 1110 68 Vi 67 1 i 1 ii I 1 7 1 1132 I 69 '4 66 3 38 fi 36 1 1980 2002 1030 1130 mo UG S7 67 63 36 i 1 1)72 1997 1007 1017 1125 1135 Kaniag City Range of Prices. (From Goffo Oiirkener, 201 So.

Kansas City. May I Open i High Low I Close I Yatuy. Wht Mhv July Bej Corn MHV S7H 71 aj si- 11 Slii, M'j, 71 -i 70'i, 07 87 71Si Ma; 71 69'i QOFFE CARKENER. Chicago Caah Grain. Chicago.

Miiy Ifi. tVJ IE AT--NO 2 hard ffTfr'SSVc; No- 3 hnru CORN-- No. '2 No. 3 No. 3 i 72c; No.

2 yrtlow 72iji73c; Xo. a yellow 72(a72'ic. OATS-- No. 2 St. Louis Cash Grain.

St. LoulM. May 16. TVI1EAT-- No. 2 haul No.

3 hnid 93U5o. OOnN-- No 2, 73o; No. 3. No 4. 70r; Mo.

2 i 74Vic; No. xvlilto, 7454c; yt'lloiv No. 3 yellow, OATS-- No. 2 Uc: HSU-cI No. 2 while 42 11 while 1 No.

i Kansas City Cash Grain. Kansas City. May in. "VYllHAT-- No i No. 3 ha nl.

SUiffSli-; No. 4 1 1 COBN No. I 7-H4ffi)75e; No. 3 74c; No. 2 tthltc No.

3 i 75c; Mo. jcllow No. 3 yellow OATS-- No. 2 No. 3 Ko.

2 i No. 3 i Omaha Cash Grain. Omuliu. May 1C. TV71RAT-- No.

2 linrd No. 3 hard No. 4 hnrd 84(itSSyjC. CORN-- Ko. 2.

No.3 Ko. 4 684iVic; No. 2 7fl 1 No. 2 4 fy 71'ijc; No. 3 white 7014 No.

2 yellow No. 3 jel- low 70(5' Uc. OATS-- No. 2 nxhitf SS'lfflUc- No 3 white SS'ic. Chicago Cash Quotations Chicago.

M.iy 16. RYE-- No. 2. 64jiC5e. BARLliY-- TIMOTHY-- 30.

CLOVER-- JS. OOlg 75. PORK-- $19.80. 1-ARD-- $10.00. i BIBS-- Jio.ooifii.no.

Kansas City Grain Close. Kansas City, ilny 16. "WHEAT-- No. 2 hard. No.

2 red, May, July, SISc. CORN-- No. 2 mixed. No. 3, 73074c: No.

2 white. 76c; No. 3. 76c; May. 71 7 nc: July, G9" OATS No.

2 white. No. 2 mixed, 39HC. St. Louis Grain Close.

St. May 16. WHEAT-- No. ml. My.c: No.

2 luud 94fi96c: May. Julv. CORN-- No. 2, 73c; No." 2 white 74 ilay, 72c; Julv, OATS-- No. 2.

No. 2 i May. 39 a4 July. 3S' 4 c. Liverpool.

Grain. May 1C. HEAT-- No. 2 red western winter 7s No. 1 Manitoba 7s C-ltd- No 2 7s July, 7s 41.

CORN American mixed. 6s 3d- Julv, Bs 4 d. Minneapolis Wheat Close. Minneapolis Mav 16. 'WHEAT--Maj-.

Julv No. 1 hard. No. 1 northern 93 95V. No.

2 northern Sl' Goffe Carkener Grain and Provisions Correspondents LOGAN BRYAN Chicago, III. BRINKLEY EVANS. Manager. 201 South llth Street Phone ti-1187 Private Wires, CONSIGNMENTS SOLICITED City nd 8t horses solicited. Bill your horses to State Fair Ground.

B4522, Fair Grounds, Lincoln. Neb. NEXT SALE MAY 21. Lincoln Horse Mole Commission Co. F.

W. LESTER SONS Auction sale every two weeks on Thursday. Farmers' SETBACK IN LONDON PELI ON THE STREET BUT ONLY A FEW SHARES TEND TO SLUMP DOWN. Later In the Day the List Stiffened and Prices Regain Some of Early Lo'itet. New York, May 16.

A sharps-setback In American stocks at London registered Ha effect on prices here at the opening of the market today. Most of the International shares were lower. Steel Amalgamated. Union Pacific and Keadlngr. the speculative leaders, all lost large fractions.

Although the undertone was heavy the movement was not uniformly downward, as a few shares. Including St. Paul and Canadian Pacific, showed Improvement. Trading was slow and no attempt was made to extend the opening losses. The list stiffened slightly after the first few minutes.

The market closed easy today. Early heaviness due to the decline of prices'in London of short duration, but after tho kwses hail been recovered, the list cased off iigaln and the xes- Blon ended with a majoilty of small declines. The cheerful lone of the weekly trade weather conditions) for the crops'and Ihe Investment position disclosed by the ready absorption of bond and note lssues supported bullish opinions. Honda wcro Ir- regulai. Closing Stock List.

Yoik, Amalgamated Copper American Beet Sugar American Car foundry American Kmeltlngr Refining; American Tel. Tel Baltimore Ohio Brooklyn Rapid Transit Canadian Pacific Chuasepcnkc Ohio Chicago. Jill. St. Paul Consolidated Gas 1'nclflc Xew York Central Northern Pacific Pennsylvania Reading 1 Republic Steel 1 Southern" Pacific 'nlon Pacific Tnltcd States Steel lulled States Steel pfd pfd May 1C Close 36 193....

52Vi ....131 93V4 ....111 23 New York Money. New York. Mav 16. MONEY On call, nominal; no loans. TIME LOANS-- Firm; 60 days.

2 90 days, six months. MERCANTILE PAPKR-- STERLING EXCHANGE-- Firm; 60 days. 4.85.50; demand. 4.8S.30. COMMERCIAL BILLS-- 4.84.%.

SILVER-- Bar, MKXK1AN DOLLARS-- BONDS-- Government, i railroad, i retrulnr. New York Dairy. NPW Yoik, May 18. BtTTTEH-- VncliunKed. CHKESE--Stato whole milk fresh white specials EGGSPni'hanisecl.

POULTRY Alive, i western fowls, IfiC; tm-keyn. 14iii'15c; dressed. steady, western chickens, fiozc-n, fowls, New York Cotton. New Yoik, May 1C. COTTON Futures opened linn: May 1249o; August, 12.3fl(.-; October December, 11.93c; January ll.Sfic.

Futures Hosed firm. May. 12.98c; July 12.f.5c; AiiRiist. 12.39c; October. 12.02c; December 12.01'c; January, ll.OSc.

SPOT-- Steady; middling 1 1330c; gulf, 13.7EC. New York Metal. New York, May 16. The metal markets were quiet und practically nominal. jik- copper, nominal; electrolytic, cuhlliib', $14.00 to 14.12%.

American Securities. London, May 16. American securities opened Iviogular and later the list declined under realizing and continental selling- The closing- was pasy with prices ranging from unchanged 1,4 below parltj. Money and discount ratos were quiet. CONSOLS For money, 74 15-1C; for account SILVER-- Bar Steady, 2G.

MONKY-- SHORT arid three mouths-- 2 i. Chicago produce. Chicago. May Hi. ni'TTKU, pgKS.

choese and potatoes, unoliangcd. Receipts. IQssfTs 3S.204 case-j; potatoes 37 cars. lower; fowls, 15c, London Wool London, May 16. Tho wool closed todav with of- of bates, readily absotbed at firm prices.

Kansas Cltv Produce. Kansas City. May 15. BUTTER-- Creamery. 23c-; firsts.

21c; seconds. ISc; p.icklntf. 15HC. KGGS Firsts. ISc; seconds, loc.

POULTRY-- Hens, 14c; springs, 15c. Cut In Petroleum Price. Now York. May 1C. The Standard Oil company of York today announced a 15 point reduction in tho price of refined petroleum.

Dututh Linseed Close. DuhitlK Mny 16 May, 17; July, CAITLE STEM 10 HOGS DULL AND FIVE HIGHER FOR THE DAY'g TRADE. No Fresh Receipts of Sheep, and Lambs for the Day but Trade Higher (Special to The South Omaha, May 16. CATTLE Kecclpts. S.

There was nothing of consequence in the yards this morning. For the week receipts foot up head. Trade hag been In an unsatisfactory shape ull week and closing quotations are all of 10(p15 cents lower than the previous week. There was no material change in cows and but there 1ms been a liberal demand so that prices are steady to strong, Stockera und feeders have been tatlier iult all vi-ek at steady prices. Quotations from the Souih Omaha ilve Ktock market.

Quotation en cattle: Good to prime yearlings Good to choice beet Fair to god beef steers Common to fair beef Good to cornfcd Good to choice cornfed cows.J8.8U47.40 Fuir to good grades SG.OO©6.75 Common to fair KrudeM Good to choice btocker and feed ers J7.S5ig)S.S5 Pair to good Common to fair stockFrs und feeders 7.40 Stock cowa and helfeis J6.00@S.UOO Stock calves Veal calves JS.00@ll.Ofl JBulls, stags, etc HOGS--Receipts 4,944. With fair receipts this morning, trade on hogs was dull and mostly 5c higher, tho bulk selling from 18.27% to $8.30 and the top belne 48.32%. For the week receipts amount to 40.756 und the muiket can be quoted as fully steady. Representative sales No. Av.

Dk. Price No. 73 46 60 70 C8 61 227 80 272 311 241 2B2 120 284 8.23 8.27'A 8.30 8.30 8.32% 59 87 62 GO 70 Av. Dk. Price L'OB 8.27 Mi 80 8 2715; 80 ti 30 8.30 215 282 24!) 120 202 80 SIIKEP--Receipts CS 264 200 none.

There 8.30 were 110 fre.il. receipts of uml lambs thin morning but for the wcels they foot up 33,848. Pi-Ices on wooled und clipped lambs have advanced fully 40330 cents this we'k. Whitt shorn ewes were here are 15(if23 cents better than u. weelc ago.

Quotations on sheep and Iambs: Wooled Klock: Ijimbs, Mexican Jjimbs, good to choice Lambs, fair to good westerns.J8.25 Sliorn Stock--JLambs, good to choice t7.50@g.OO ambs, fair to good yearlings, EOOU to choice Yearlings, fair to Kood, Wethers, pood to choice $5.75 Wethers, fair to good J5. Bwes, good to choice J6.50 Kwes, fair to pood New York Sugar. New York-. May Ifi. SFGAR--Raw.

i molasws. 2.55c; centrifugal, S.L'Oc; refined, steady. Rock Island Injunction Suit Over Until Monday The hearing of the injunction suit of the Rock Island Railway company against the city of IJncoln, which, was scheduled for this morning' before Judge Stewart, was continued over until Monday morning. The complainant company seeks to enjoin the condemnation proceedings instituted by the city in county court for the opening of street across tho defendant's tracks. The company contends that the torisinal ordinance, under which it came into the city, provided for the vacation of the street and that the city cannot impair its contract now; also that the city is estopped by reason at the improvements put upon the property since by the company.

The city has 'filed a motion to dissolve the restraining order, and with the motion a supporting affidavit by City Commissioner Thomas J. Hensley, in the. Bets fortii whole his'--- of the affair nnd showing that tho condemnation proceedings arc but a purl of the city's plan to force the construction of a viaduct over street. The supreme court recently denied tho right of the city to force the building of the viaduct on the ground that the company could not be forced to build a viaduct over its own property. Hence the attempt now to open the street.

Steamship Movements New Ymk. May Thes- snlonlU, rir.ieus. 6.00 Chicago Live Stock. Chicago, May 16. Scantiness of today caused a' prompt ndvunce In hojf prices.

Cattle tiade was purely nominal, dhecp and lambs were snapped up In 11 hurry. HOGS--Rftoelpts G.OO; 5C(i10c ilgher; bulk, light. JS.UOSi) S.55; mixed. 1S.25®8.55; heavy, S.50; lough. J8.03(gS.25; pigs, S.4E.

CATTLE Receipts, 300; steady; beeVPN, HtePrH. J7.101i'S:20; stookeis nnd feeders. cowa and helfei-H, c.ilves, J7.5U© 11.00. 31IKEP--Receipts. steady; sheep yeai-llngsti lambs Jtf.25(818.S:; springs.

S7.OOftflO.00. Kansas City Live Stock Kansas City. Mav 16. R-TJlprfipts 800; iiigilOc iilg-lier; bulk, JS.30(g)S.4C; heavy. JS.40fi)S.45: ackprs and butchers.

light, 8.15(8)0.40; pigs, J7.75aiS.00. CATTU5--Receipts. HOO; steady: prime ed steers. dressed beef steers, western Mtpers, $7.25 southern steers. cows S4.G04i'7..

iO; heifers. J7.00(Sil.OO; stockeis and feeders, calves, JC.50tJ 10.BO. S11KEP--Receipts, 10.000- steady; lamlis tC.75((i)S.2fl: earlinBg. J5.75(V*fi.r0; wetli- eis. ewes.

J4.75(i(p5.50. 8t. Joseph Live Stock. St. Joseph.

May 16. HOGS--Receipts. 2.GOO, steady to strong; top. JS.40; bulk OATTLE--Recepts, 100: steers J7.50® cows and heifers, calves 00. SIIKEP---Receipts, none; steady; lambs.

GOFFE CARKENER'S LETTER. (By I.ogjm Bryan.) Chicago. May 16. WHEAT--This was the most active day for the week for the local trade nniS era! features combined to give a vary strong turn to prices for the new crop months. B.

W. Snow, who could see no Hessian fly danger forty-eight hours wired bis house today that fly is ing considerable damage ill Missouri and some fields plowed, up. Our Mr. John Intflis as well as Count observers for the Chicago houses were finding scsloiis condition of affairs from Springfield. across ninny of.

the big a counties of Missouri also. CORN--There Is 110 suuh increased country offerings or moxement of coin a.s many expected by the end of the week. The supply will look bullish. Chicago will have another Important cut in the stocks of corn in the Monday leport. OATS--Weather reports again became an Influence with the speculative outs tiade.

A number of important raising sections are reportIntr that the plant appears to be at a stand still, that it not responded well to the recent mo s- ture. A sections in Illinois, Indiana and the southwest are claiming need of rain. PROVISIONS--Fh mer tone in provision was noted due to two features-a light run of bogs with prices cents higher nt the yards and a strong and advancing grain list. Packers were credited with holding 1 stuff rather tightly and this aided the advance. Ribs again showed the best strength closing at high point.

Fell From Car and Suffered a Broken Ankle Mrs. Olof Nelson of S35 A street suffered a. broken ankle last evening about p. m. by falling from the stop of a Randolph street cat at Eleventh ancl streets.

Mrs. Xelson was helped from the scene of the accident to the office of Dr. Olsen by the street car employes who Mitnosscil the accident. A small bone in the left aJikle was broken and several ligaments were torn in the fall. According to Mrs.

Xelson, the car xvas standing still when she attempted to alight, but in stepping from the car she caught her fool in the step, tripping her and throwing her forcibly to tho pavement on her left side. She endeavored to arise, but could not do so. She called to tlie conductor of the cur, telling him that she had Veen hurt in the fall, and with the help of the motorman she was carried to a physician's office. Dr. Smith, the Traction company physician, also attended hor.

She will be confined to her bed for some time as a result of the fall. REQUIREMENT FULFILLED. Picture Dealer--Sorry, hut I huy pictures of no ono except those whose narm nro well Artist--Gracious! My name is Smith. What moro do you Public Ledger. Supreme Court Ruling Gives Board Triple-Headed Authority Its Orders in Hooper Phone Case and Other Matters Upheld Following up the decision of two weeks ago in the llerpolsheimer suit ug-alnst the Lincoln Traction company, wherein it was held that the state railway commission has full jurisdiction over street railway service and rates in cities, the supreme court of Nebraska on Friday evening handed down a sweeping opinion in the Hooper Telephone case, upholding the authority of the commission to act under the Fuller-Shipley act for compulory telephone connection, passed by the legislature of 1913, und al-so declaring valid the law of 3911, which provides that appeals may be taken direct from the lallway commission to the supreme court.

Issues in the suit as affecting the two litigant companies are entirely overshadowed by the supreme courts pronouncement defining the scope of the railway commission's jurisdiction. The opinion dec-lures that the executive, legislative and judicial powers of the btate government are all combined in the railway commission, which gives it a wider aplieie of authority than 5s possessed bv any other department. The decision gives railroads and other corporations the choice of two remedies after the commisbion has decided cases against them. One is the right of appeal direct to the supreme court. The other is by starting injunction proceedings in the district court to prevent the orders of the commission being- uitoreed.

Whichever method a carrier may choose to pursue, it must file a. complete transcript of the pleadings, evidence and proceeci- 4ngs before the laiHvay commission. In ihe supreme couit this constitutes the whole record to be reviewed. In the district court thu railway commission transcript must be considered before an injunction is allow ed, but the court may also hear other testimony. Whether a carrier could first appeal to the' supreme court, and in the event of.

an a a ruling there, take the matter afterward into district court on an Injunction application, the finding of the high bench does not 'Hake clear. Judge Sedgwick's Specialty. The opinion in this case was written by Judge Sedgwick, who also wrote the one in the Herpolsheimer case, and vlio appears to be regarded by liU fellow members of the supreme bench as something of a specialist on the subject of the railway commission's authority. Practically every important case coming before the supreme bench recently, in hicli the commission's jurisdiction has been un issue, has been turned over to him. It an opinion written Sedgwick several months ago liich sustained an order jf the railway commission in the suit i i height handling facilities 011 the I'nion Pacillc lailroad at Hoagland, in Logan county.

The commission's jurisdiction had been questioned in that proceeding, as it has been in the later cases. Another opinion given out by the court yesterday, written by Judge Letton, 'afiirms the order of the railway commission made si year or more ago, refusing permission to the Rock Island railroad to withdraw switching privileges from shippers in Lincoln and College View not ha ing- sites adjacent the railroad right of way. This case involved i but questions of 'act, und the supreme court holds that -he commission was the judge of the 'acts. In still another suit, entitled Hill vs. Union Pacific-, the high bench O.

an order of the railway commission for the building of a depot at Gaudy, the county seat of Logan county, and the maintaining of a station agent at a point. The opinion is by Judge Barnes. Commissioners Feel Chesty. "The supreme court opinion says Just what I've been saying for a long lime," declared Railway Commissioner Hull, upon learning of the Hooper Telephone decision, "i have contended all along that this commission la not merely an administrative body, but that it hns legislative and judicial powers as well." Commissioners Hall and Taylor repaired to the supreme court clerk's office during the forenoon and looked over the opinion. Commissioner Clark was not at the capitol.

By tills series of decisions, the supreme court virtually washes its hands of controversies between common car- rleis and their patrons, and refers everybody having a grievance to the railway commission for its adjustment. To some extent, the present attitude of the court reverses its former rulings, as it held some years ago in a case from northern Nebraska that the courts have concurrent jurisdiction with the railway commission, while in the ITallam crossing case it decided outright that the commission was without any jurisdiction at all, except to Kfs that crossings are safe for the use of the public. In the Hooper Telephone case, the railway commission, acting as directed by the Fuller-Shipley law, ordered the N'ebraska Telephone company to connect -with the Hooper Telephone company at Fremont, and to give long distance toll service. The law allows patrons of the Hooper company to order messages routed over any wires which may be available. The Hooper company has toll lines in its territory, but the Bell company refused to accept long distance messages unless they were handled over the Bell toll lines.

The decision qf the supreme court Is that the Bell must conform to the compulsory connection feature of the Fuller-Shipley act, but it allows either the Bell or the Hooper company to apply to the railway commission for permission to -introduce further evidence and obtain an order adjusting terms of connection. This means that the commission may disregard the part of the law which fixes the division of long distance revenues on the basis of 15 per cent to the exchange where the pal! originates, 10 per cent to the destinaUng exchange, and 75 per cent to be apportioned on a mileage basis to the companies owning the wires over which the message travels. Syllabus of Hooper Opinion. Following is the text of the syllabus Which summarizes the supreme court's opinion In the Hooper Telephone case: "The constitution as amended must be construed as a.whole, and the purpose and scope of amendments are not limite.l by former provisions only as the muiming of the instrument requires. The amendment creating Six; state railway commission and the statute enacted pursuant to the power given to the legislature thereby, confer administrative and judicial power-; upon the commission in addition the main purpose of Its creation, which is the exercise of legisla- i Dowers.

"Chapter 1911, providing for RASKA NEWS Two Hastings Men Charged With Obtaining Money Under False Pretenses (Special to The Star.) Hastings, ilay Carson and Ben Bremer, both of this city, were arrested last night and odged In the county jail on charges of obtaining money under false pretenses. The men, wlioaare both mem- belis of the national guard, were held jy Captain Crosson until he turned them over to the sheriff last night. The men probably will be given a court martial trial after the civil trial. Without the knowledge of Captain Crosson they took a trip to Harvard, where they are alleged to have represented themselves as having power from the adjutant general to enlist men. According to the charge made, they then proceeded to draft Roy DeGoff, proprietor of the Harvard sanitarium, and when he told them that business was too rushing to join the army they said that he could get out of the job by paying $5.

He is said to have paid promptly. Later the "officers" it is alleged, went to DeGoff with a telegram which they said was from "General Peck," to the effect that they needed 55.25 more in order to prevent him 'rom having to join the army. He paid money and they gave a receipt in full amount. Captain Crosson now has the receipt. The two men recently won the prize for securing the most recruits the Hastings company.

They will have their hearing at Clay Center this afternoon. Ink Pencil Charge Comes up in Will in O'Connor Case (Special to The Star.) Hastings, May to Attorney (jlmstead, Culavin's latest A'Connor will might have been written with an old fashioned ink pencil, and because of that, he says, the signature could be a duplication without even the writer himself being able to recognize it. Today Olmstead asked Tor and v. as refused a photographic copy of the document. He asserts that if he had it lie could get a duplication of the will made so that even Culavin could not tell which was the original.

Use of the old fashioned ink pencil, the attorney insists, was ruled out of some states for the reason that its writing could be duplicated so that no one could the original from the. copy. Banks at that time, he says, refused to be responsible for checks drawn with it. It makes a broad even line that has no shading and the pencil has to be held virtically In a mechanical position to flow. Judge Button had a photograph made of the -nill yesterday, according Olmstead.

Scientist Covers Road He Traveled When a Freighter (Special to The Star.) Fremont, May Prof. Lawrence Bruner, accompanied by Professors Sxvenk and Vasey of Lincoln and three Fremont men drove over a portion of Dodge and Washington counties inspecting the wheat crop Wednesday, a great part oC the dit- tance traversed on the trip was through the country over which Professor Bruner freighted in early days from West Point to Omaha. The Lincoln professor gave an interesting account Of his boyhood days when he drove a freighting team from the Cuming county capital to Omaha through Fontanelle, the proposed site for the state capital when the question was first brought up. The trail led along the north side of the Elkhorn through AN hat is now one of the richest agricultural communities in the country. A AND NORTON DRAW.

Kansas City. May Moha of Milwaukee and Al Hoi toil of California, heavyweights, fought ten lounds here last night. Xo decision was guen and newspaper critics were almost unanimous in declaring tlie bout a draw. Colonel Whitney Falls Dying Into Brakeman's Arms Omaha, May Colonel H. Witney of Wadenaa, stepped upon the platform of a North-" western train yesterday he was seen to stagger slightly.

Fred- Hunt, a brakeman. rushed forward to receive the veteran In his arms as the latter fell backward from the platform. Whitney was hurried to the surgical room of the station, but died before medical aid could be summoned. Death vas due to heart failure. Colonel Whitney Vas formerly department commander of the Minnesota Or.

A. R. He and Mrs. Whitney had been visiting relatives here while en route to their winter home in California. Damages for Farmer Injured in Runaway (Special to The Star.) Tecumseh, May jury in the case of George R.

Fielding against the Burlington railroad in district court here yesterday returned a verdict awarding the plaintiff $2,100 damages. Fielding sued for $15,000 damages for injuries received in a runaway accident, -which he alleged was caused by a Burlington train. Fielding, with two other men, started to drive across a railway crossing in a. buggy, when an approaching freight train frightened the team and caused the horses to run away, upsetting the vehicle and injuring Fielding. Y.

M. C. A. ELECTS. (Special to The Star.) Fremont, May the nual meeting and banquet of the board of directors of the Fremont T.

M. C. A. these officers were elected for coming year: H. Knowles, president; Fred Bader, vice president; D.

D. Howe, secretary; F. E. treasurer. The secretary's report showed that the expenditures for the year were and the receipts $9,185.

The total membership was 663. Little Deaf Girl Lost Right Arm in Laundry Machine By having her hand caught in the mechanical wringer at the laundry of the state school for deaf, Omaha, a 14- year-old girl pupil at the institution, Cassie Dyer, lost her right arm last Thursday. News of the accident reached the board of control today in a letter from Supt. Frank Booth of the institution. The girl's home is at Loomis.

Her parents were immediately notified of the injury she had received. The letter from Superintendent Booth states that the girl was helping with clothes on one side of the laundry room, and when the laundress had her buck turned, crossed over to the side where the rotating wringer was at work. Curiosity getting the better of judgment prompted her to lay first one hand and then the" other on the inside works of the machine. Her right hand became caught and was pulled Into it. The arm was fearfully mangled, and surgeons called to attend her amputated it between the elbow and the shoulder.

The girl will probably recover. The superintendent says steps will be taken immediately to have all machinery covered ith mesh wire hoods, so as to avoid the possibility of such accidents in future. proceedings in this court to review the decisions of the state railway commission confers appellate jurisdiction upon this court, within the meaning of section 2, article VI of the constitution. "The statute is not unconstitutional as an attempt to confer legislative I powers upon this court, its purpose be- ing to afford a speedy determination as to the regularity of the proceedings of the commission and the legality of Its decisions. It should not be construed as giving this court any different jurisdiction than in ordinary civil cases under the former statute by proceedings error also gave this court jurisdiction 'to reverse, vacate or modify' judgments and not to retry the case as an original action.

"Chapter 79, laws 1913, is not unconstitutional as taking private property without due process of law. "The state railway commission has jurisdiction under that act to order physical connection of telephone lines and exchanges, and, when the fail to agree, it is the duty of the" commission to determine and prescribe the terms and conditions of such connection and of the use of the lines so connected, and apportion the expense of connecting the same. "The orders of the commission are presumed to be within the power given by the constitution and statutes, and will not ba reversed by this court upon appeal unless it appears affirmatively from tlie evidence in the record that there was error in the proceedings prejudicial to the party complaining or that the commission has otherwise exceeded its powers. "When appeal from the order of the commission is taken directly to this court, and the proper bond given, such order becomes tlie final order of the commission when approved by this court. The lemedies recognized by subdivision of section 5, chapter 90, laws 1907, are not superseded by cuch order ol "tlie commission.

"The evidence In the record is not sufficient to show that the order of the commission is impracticable or incapable of execution or that the commission has proceeded illegally or has exceeded its powers in this case." State Control of Resources is to be Debated Madison, May What promises to be one of the most interesting debates at the governors' conference which here June 9, will be over the subject of the state control of natural resources. The governors of eastern states are in favor of national control. The issue over this subject has pronounced that the governors of the western states held a conference in Denver last month and adopted strong resolutions in favor of state control of natural resources. The subject will be presented by Gov. "William Spry of who has so notified Secretary Miles Riley of the conference.

One of the plans that will be urged by the western governors, in connection with the policy of conservation, is that five per cent of the public lands should be granted to the slates Individually to aid in the construction of permanent roads. In View of the provisions of -the water law passed at the last session of the legislature, another proposal of the western governors that the federal grovernmeoit release its control over the water of a state through ownership of public Ian' 1 oe of Interest. Kept Busy. "Dear me, these roaches are never still a minute." "A roach can't afford to he, my dear. Every roach has a wife and to Courier- Journal, Well Drillers Find 1 Thin Vein of Coa (Special to The Star.) Fremont, May coal vein was discovered near North Bend by Gaughen and Maben, who were drilling for a well.

A quantity of bituminous coal of good quality was brought to the surface. The stratum was shallow one. PIER REPAIRING PROCEEDS SLOWLY (Special to The Star.) Fremont, May work of repairing the defective piers in the state aid bridge across the Platte river at I'Temont is slowly dragging. Las' fall, when the contractors, Stupp brothers of St. Louis, finished the work and presented their claim to the county board of supervisors the board refused to make the final payment on the grounds that the piers were defective.

The bridge has been in use all winter, but the boards have withheld flnal payment pending the repairs. A small force of men is at work and three of the nine piers Jhave been overhauled. JOHNSON TEACHERS. (Special to The Star.) Tecumseh, May school board at Johnson has elected the following teachers for the coming year: H. R.

Dressier of Nemaha, principal; Harlene L. Brewster of Omaha, assistant principal Clarice Clark of Hubbell, grammar; Rose Williams of Auburn, intermediate; Frances Gilber of Johnson, primary. LINCOLN COUPLE WEDS. (Special to The Star.) Council Bluffs, May Stults and Miss Marguerite Stultheir, both of Lincoln, were married in Council Bluffs Friday morning. bridegroom is 25 years old apd his bride is 23.

They were married by Justice of the Peace "Walter C. Joseph. SCHOOL LEVY ASKED. (Special to The Star.) Hastings, May petition Is being circulated asking the board ol education to make a levy of sufficient size for necessary Improvements in the North ward school. It is being largely signed and will be presented to the board of.

education Monday night, 4 WEATHER CONDITIONS The extensive area of high pres- and fair, cool weather covets most of the states east of the Rocky Mountains still. The center of tlie area has moved.slowly eastward to Michigan and Ohio, and the pres- sure has fallen In states just east of the mountains. The western trough of low pres- sure extends across New Mexico, Colorado, Wyoming; and Montana to- day. It has caused cloudy weather with showers in the Rocky Moun- tain states. The western trough of low pres- sure will move eastward and cause partly cloudv weather in this vi- cinity tonight and Sunday, j.robably with showers.

The wind will be southerly, with probahly slightly higher temperature, but no decided change. TEMPERATURES. The follow ins were the high and low temperatures registered at the principal stations yesterday: Stnt.ons HIpli Boston "5 Calgary Cheyenne Chicago Davenport Denver -t- Des Moines Dodge City G.ilvcston Helena Huron Jacksonville Kansas Lincoln Los Angeles Louisville. Memph's New York North Platte Oklahoma. Omaha PittsbuTg 62 Portland.

Ore CS St. Louis 72 St Paul Salt Lake City 74 San Francisco 5S S-eatle 64 Sioux City 72 Valentine 68 Winnipeg 70 6S 56 50 64 62 70 52 71 76 72 SO 70 Low 48 42 42 42 48 46 4S 48 50 70 54 42 6S 5fi r4 52 no 4S 52 50 88 44 50 46 52 50 46 48 44 46 UKITED STATES DEPARTMENT OF AGRICULTURE WEATHER BUREAU F. Marvin, Chief. Observations taken tt 71. m.

Air pressure reduced to sea level and lines drawn through points of equal pressure. Arrows fly with the wind. clear; partly cloudy; cloudy; rain; sivyr; report missing. jl Mentally Deranged Leaps From Window Crawford. May Graham.

22 "years old, was fatally injured last night when he leaped through the win'dow-of a Burlington sleeper near here. The train was trav-- eling- nearly fifty miles an hour. The man was taken to.Alliance, where he was placed in a hospital, but death is momentarily expected. Graham had been ill for some time and was going from Lead, S. to Garnett, in the hope that the lower altitude would aid his recov.ery..

It is believed that he was mentally deranged when -he leaped through the car window. 1.