Omaha Daily Bee Newspaper, November 7, 1903, Page 3

Store open until 9:30 Sa Kelley, Stiger & C An Important Sale Women’s, Children’s, Men’s Underwear and Heavy Hosiery y Evening. Tadies’ heavy flecbed vest and pants to match, finished with yoke band and tAPe ...........cecceeeeiee. 28C Ladies’ natural and cream fleeced Munsing vest and pants to match, pants finished with jersey band and pear] HUtONS .51, iaveoire vevstnivoceninencess s BOS Ladies’ union suits, fleeced, medium weight, natural and blue, half open front, with drop seat and buttoned across bust, good quality ........o.iviernnerenn.. . BOC Ladies’ Munsing silk fleeced union suits, natural, cream and ecru, all open front, half open front and open across shoulder . Ladies’ natural and white, wool merino vest and pants, very fine ribbed and light weight...................88¢ Tadies’ wool merino vest, crochet edge, silk tape pants 10 MAateh ..eetiioiannn soiiiinirnieiens iieian Ladies’ wool merino vest, cream, blue, pink and natural color, Richelien ribbed, with band and jersey top ... pants and tights to match .. 1L00 Ladies’ Vega silk vest, high neck, long sleeves, light and medium weights, cream, blue and pink, tights to Ladies’ silk and wool vest, straight and shaped, pants and tights to match .,........ " ..1.65 « Ladies’ mercerized corsdt covers, high neck, long sleeve, « medium weight, 85¢ and .... R B0c « Misses’ heavy ribbed cotton vest and pants, cream and « ecru, for ..., ') 3 « oeade Misses’ jersey ribbed merino vest and pants, natural and | cream, non-hflnkpbk, a comfortable garment, each...80¢ "' Misses’ and boys’ Munsing fleeced union suits, open and drop seat .. Misses’ and boys’ Muusing wool union suits, open and Boy#’ cotton fleeced vest and drawers, medium and heavy weights, for Carendeeiinee e YTadie#’ black cotton hose, high spliced heel, double sole all black and split foot ........... ......iiee. . 28C TLadies’ black cotfon hose, medium weight, embroidered in colors, white, blue, pink and lavender, good quality .28¢ . Ladies’ heavy ‘weight cotton hose, plain and ribbed top all black and split foot, 8 for $1.00, pair 35¢ thci cotton fleeced hose, high spliced heel, dou- Ladies’ black cotton fleeced hose, hem and ribbed top, | very elastic and good black, silk fleeced, 3 for §1, pair.35¢ Ladies’ hem top wool hose, black, double sole, spliced heel .. high ..258¢ « Ladles’ black cashmere hose, high spliced heel, double < soles, French foot, also natural wool foot, good length . Ladies’ black Snt, size cashmere hose, ribbed top, double sole and toe, good length, 75¢ and .... Misses’ black wool hose, double knee, spliced heel and toe, narrow and wide ribbed ......................28¢ "\ Misses’ black fleeced cotton hose, good length and elastic I silk fleeced and good weight .. Boy#® heavy ribbed cotton hose, double knee, heel and | toe, good black and elastic, 3 for 50c, pair ..... Boy#' heavy weight pony hose, double knee, heel and toe. A good hose for school wear, and good sizes from < Infant’s cashmere hose, booties . ... Corner Farnam and Fifteenth Streets DR. JAEGER'S sanitary woolen underwear Will protect you agalnst the ills superinduced by sud- den climatic changes. It is made from A ‘wool according to Dr, Juegoy's scientific process. Dr. Jaeger's sanitary woolen under- wear is worn and recommended by the medigal faculty the world over snd s of onia, rheumatism and kindred Wear Dr. Jaeger's sanitary un- derwear—one trial and you will wear no other. AUl Weights for All Wants ALBERT CAHN Men’s Furnisher black, pink, blue and cream, with colored silk heel and toe, also fancy colored -18¢c MANY CONGRATULATE BARNES Supreme Judge-Eleot Deturns to MHis Howme from Oupital oity. NORFOLK, Neb, Nov. 6—(Special.)— Judge J. B! Barnes returned to his home in | this clty last evening from Lincoln, where he has been on official business. The judge | was besleged this morning with callers and | was kept busy for hours opening congratu- latory letters and telexrams. He s highly | ratified over the election. Elected {o Fill Vacasmey. COLUMBUS, Neb., Nov. John W, Hender, t, was elected | representative ¢f the Tweny-fourth district HBeecher, Beecher reesigned when he was nominated for treasurer. Mr. Bender's postoffice ad- | dress is Humphrey, « Sheots OF Twe Tees PLATTSMOUTH, Neb., Nov. & —~(Special.) THE OMAHA DAILY BEE: TEST OF THE REVENUE LAW Insurance Companies Test Usnstitutional ity of Measure, LAWYERS NOT CLEAR ON ITS PROVISIONS Farmers' Co-Operative Elevator Com- pany Gets Alternative Writ of Mandamus to Compel Rallroad to Grant Privilege; (From a Staff Correspondent.) LINCOLN, Nov. 6-(Special.)—Before Department 3 of the Supreme court, In- cluding Commissioners Duffle, Kirkpatrick and Letton, the new revenue law had its inning today. The argument was merely preliminary to the hearing to be had before the court November 17, at which time that body will decide whether the law is con- stitutional. The arguments were based on two sults filed, the first by H. B. Palmer, asking for a writ of mandamus to compel Tax Commissioner Fleming of Omaha to assess fire Insurance companies organized under the laws of any other state upen net premiums, instead of upon gross pre- miums, as provided in the new law. The second, filed by Ralph P. Breckinridge, asking for a writ of mandamus to compel the tax commissioner to assess all property in Omaha under the provisions of the old law. Among those who took part in the argu- ment were Ralph P, Breckinridge, Attor- ney Greene, City Attorney Wright of Omaha, Attorney Munger of Lincoln, At- torney General Prout and Senator Pember- ton, who was a member of the special rev- enue committee that drafted the bill, and of the senate that finally passed it. Nearly every clause of importance was attacked, and so were the attorneys In trylng to in- terpret the mction of the legislature, that at the conclusion of the debate Mr. Wright ‘was Inspired to say: ““Before the tax authorities get through with the law, several of them are llable to be fit subjects for the insane asylum.” In his speech in defense of the law he doubted not that some sections of the law were unconstitutional, and on other sec- tions he was not sure of their constitu- tionality, and sald so. The greatest ques- tion at issue, he thought, and one upon which he wanted an opinion of the court, was the sections relating to the assess- ment of credits. He believed that it was contemplited that gJi credits be assessed, but sald that when the lawmakers got around to banks this item was eliminated, and they were assessed on their capital stock, to find which the debts were taken from the credits. Other corporations paid on their gross credits. In Omaha, he said, he had interpreted the gross receipts to mean net, and it was under this interpre- tation that the tax commissioner was working. Were the letter of the law fol- lowed, he held that it would mean the driving out of business of many jobbers and wholesalers, one of whom he said would have his taxes ipcreased at least $20,000. Sections Assailed. Among the sections assalled by the at- torneys were section 16, relating to tbe assessment of llens, because it was not germane; sections 28 and ' 56, assessing banks on their net eredits, being a dis- crimination in favor of the banks against the other copporations. It was held, that were the banks assessed as the others it would drive them out of business, though the discrimination should not be. Bection @, assessing grain brokers on thelr average capital for the year. It was held that brokers should be assessed on ‘What prop- erty they had when the assessor came around, the samé as others and that also this section was an inducement for the passage of the bill and with it the act must stand or fall. Section 68, which re- quires the county assessor to add a pen- alty of 60 per cent where the owner of property refused to return his property. It was claimed that this section was un- constitutional because it provides for an assessment upon & penalty to be added to the acthal value of their property. This section It was claimed was an inducement to the enactment of section 8 and both therefore were unconstitutional. Section 8 was held to be unconstitutional because it makes an insurance agent Ilable for the taxes of his company. Section 61, It was claimed, discriminated against forelgn fire insurance .companies by giving to Ne- braska companies a reduction from their gross premiums for the amount of their cancellation and reinsurance, therefore vio- lating the clause of the constitution as to uniformity. Sections 59 and 60, it was con- tended, discriminated between lasurance companies by exempting life, accldent and surety companies of other states than Nebraska and were therefore unconstitu- tional. The 2 per cent of gross premiums was held to be unconstitutional because the taxes were pald into the state and the money was not distributed out for mu- niclpal purposes, The sections relating to the taxation of telephone, telegraph and expross companies were held to be uncon- stitutional because it interfered with the ! interstate commerce law in taxing upon &ross recelpts. The section making county treasurer llable for taxes was held to be bad, because the law as It already exists | provides that the bondsmen are liable only in certain instances and this section a tempts to impose additional Ilabliity upon the bondsmen. The relators held that this could not be done except by special act of the legislature under proper title and that title was not the revenue bill. The County Board of Equalization was attacked be- cause it allows an appeal to the district court which cannot be had without a trial by jury. Wright Files Demurrer, City Attorney Wright filed a demurrer to the petition of the relators, and he held that the petition of the relators did mot constitute & cause of action, and the same urgument was advanced by Mr. Munger and General Prout. Mr. Munger took up section by section the talks of Mr. Green and’ Mr. Breckinridge and attempted to show that because one section was uncon- stitutional it did not follow that the entire law was bad. In several of the sections he placed a different iInterpretation than had been advanced by thy relators and on others he stated he did not know. When asked how le would assess wholesale credits he sald he @d not know, as he had not an oppurtunity to thoroughly study the law. Senator Pemberton told of how the bill had o be rushed ture, as the time for drafting and it was limited. “Besides that” he nsurance men flocked here in droves during the enactment of the law, and it is my opinion that they got just what they deserved. They cried for an Insurance law and now that they have it T think it out of | piace for them to register objections.” The euits were more in the nature of a debate between the lawyers and judges. each apparently trying to get at the rea! intent of the legislature when it enacted the law. Each of the attorneys stated that he Rad not kiven the matter suficient thought and attention to give a substantial opinion the ouestions Involved. Mr. Munger. Senator Pemberton and Attorney General Prout were invited to take part by Wr Wright. No one mentioned raflroad taxa Holds Railroad Liable. It is safe to ride on & free pass. Such is the decision of the supreme court. The not the oovers Delitinigms SATURDAY, NO VEMBER 7, 1903, blanket sheet which is given to stock ship- pers who desire to accompany thelr ship- ents. The court does not warrant the safety of the person who rides on the pass, but It says in emphatic language that the rafifoad owes him a ready,and safe means of access to and from the train at stations, In 1898, David C. Troyer shipped a lot of fat hogs from Aurora and took passage on the train on a stockman's pass. While in the Lincoln yards he walked down the yards seeking a lunch counter and collided with the drawbar of a swiftly passing en- gine. He was thrown some distance and injured. He brought suit in Hamilton county and got a verdict, but the Burling ton appealed the case to the gupreme court on the ground that Troyer had been negli- gent In walking down the maze of tracks which line the yards. The supreme court holds that the ship- per assumes the risks necessarily attending the care of stock, but that otherwise the common carrier is liable for the highest degree of care which human foresight is capable of. The court lays down the doctrine, how= ever, that the stockman will be excused ot contributory negligence although he may do things that if done by a passenger:on an ordinary passenger train would be gross negligence. “The dutles imposed,” the court says, “on the passenger riding on a frelght train and cating for stock, excuses conduct which would be grossly negligent on the part of a passenger on an ordinary passen- ger train.” 2 Elevators Law in Cour\ . The Farmers' Co-operative Shipping as- soclation intends to give the elevator com- bine a run for its money and to that end this afternoon an application was granted to the assoclation by Judge Holcomb of the supreme bench, for an alternative writ of mandamus to compel the Burling- ton raflroad to build a side track from the main track of the road at Upland to its elevator. The application also requested that the rallroad be compelled to grant a site on its right-of-way for an elevator at Bladen, Late this afternoon Judge Hol- comb granted the writ returnable De- cembet 1 The application was made through Allen & Allen of Topeka. Kan., on ®ehalf of the shipping association and it Is to be a test of the Ramsey bill. The pefition states that at Upland the company asked for a site for an elevator and that after it had beep refused it bullt an elevator at a cost of at a distance of 175 feet from the main track. The association then re- quested the rallroad company to bulld a sidetruck and the request was refused. The petition states that the farmers’ com- pany is belng diseriminated against in favor of lis competitors, In that it is compelled to haul its grain to the cars in wagons, for which it has to pay one cent a bushel. Thanksgiviag Proclamation, Governor Mickey this afternoon m,l: Thanksgiving proclamation: owever widely our people may differ their individual faith and in matters pe‘rr: ing to church, party o, sect, there is one mneutral territory wnere we can all meet and joln hands and hearts in praise and thanks to the Giver of “all good and perfect gifts,” for life and liberty, for peace and ‘prosperity, in our state and nation. We are.once more blessed with an abundant harvest. -~ The threatening clouds that hung over our Lroad fields wore dispersed when His time came and our people have reaped bountiful fruit of thelr honest toll. All forms of labor and commercial energy find profitable employ- ment rich abundance is apparent on every hand. There is joy around our fire- sides and an honest endeavor towards a purer and higher plane of life is ever; ‘Where manifest, For of these blessings praise and to_God. re, I, John H. Mickey, governor of the state of Nebraska, in Marmony with the an taken by the president of the nited States, do hereby proclaim Thui lay, November 26, 1903, a day of private and public thankagiving and I recommend that the people of Nebraska on that day suspend their usual avocations of toll ‘and business and attend divine worship In their churches’ or family circles and I earnestly pray that the same spirlt may be manifest in all of our state institutions. «Supreme Court Proceedings. Lowe against Prospect Hill Cemetery As- soclation; objection to jurisdiction sus- tained. Woodmen Accident Assoclation against Hamiiton; oral argument on mo- tion for rehearing ordered for December I, 1803, Riley against Missouri Pacific Rall- ‘way Company ; motion for rehearing denled. White against Whitney; rehearing denied. Clark against Commerc Naticnal Bank motion to recall mandate denled; motion for rehdaring denied. McCormick Ha vester Machine Company against Hiatt; - hearing denied. Casen against Ruhs; oral argument on motion for rehearing or for December 1, 1803 McLeod against coln “Medical College; oral argument or- dered on motion for rehearing December 1, 1%8. Bemis against McCloud; oral argu. ment before department No. ] ordered for November 17, Heagney against Case Threshing_Machine Company; rehearing allowed. Porter against Parker; motion to consolidate denied; rehearing denfed. Amer- {ean Exchange National Bank against Tol- 2 objection to jurisdiction sustained pioceedings, n crror dismissed. " Smith against Withhell; motion for leave to briefs denied; affirmed. State ex rel Farris against Frye; costs taxed tn relator; opin- jons. Andrews against Lil'fan Irrigation District; former judgment vacated; judg- ment_ of district court reverved; Holosml J. minst farp) nt of 19, 1 judgment of district court affirmed; Ames, 3 Elrod; former judgmen Hastings, C. McLucas against 8t. Joseph & Grand Island Rallroad Com- pany; former judgment adhcred to; Sulll- van, C. J. Van Auken against Mizner; mo- tion for rehearing of judgment rendered March 18, 1908, denled; Sedgwick, J. Valley County against Milford; reversed and pro ceedings d issed; Kirkpatrick, C. Craw against Abrams; former judgment adhered to; Barngs, C; Albert, ( wonclrring in separate opinion. Westérn Union Telegraph Company agaimst Nye & BSchneider Com- pany; affirmed; Albert, C; Duffie, C, con curring In separate opinion. lington & Quiney Rallway ( T tul sffle, tssued ' GOLD MEDAL Pan-American Exposition. N Por the quick preparation of a deli- clous drink, for making Chocolate Icing or for flavoring Ice Cream, Lowney's Always Ready” Sweet Chocolate der has no cqual. The full ‘and troubles ) a| d | “REJECTED ON AGCOUNT OF BRIGHT'S DISEASE.’ — Wrote the Agent of the Mutual Life Insurance Company. “YOU HAVE LESS THAN A YEAR TO LIVE.” — Stated the Ablest Medical Authorities. ““SAFE CURE BROUGHT HEALTH & LIFE INSURANGE" To all appearance Mr. C. W, Hopkins was ‘enjoying perfect health when he came up for his Insurance examination. A promi- nent figure in the tobacco Industry of the country, genernl western agent of large manufacturers, Mr. Hopkins is perhaps the best known tobacco man in the avest. He applied for a policy of §10,00 in the Mutual Life Insurance company of New York, con- fident that it would be issued to him. He first learned that he had kidney trouble when the agent of the company wrote him that he waus rejected on account of Bright's disease. It came like a thun- derclap out of a clear sky. “I Bright's disease?” he sald; “why 1 mever evem dreamed I had kidney trouble. There were no slgns of it, and yet here I am in the very worst stage. It has simply crept on urating my whole system with its deadly poison, wholly unknown to me.” Though Mr. Hopkins sought relief in- stantly, consulting the best medical au- thorities, he grew rapldly worse and was finally given up té dle. A friond suggested that he take Warner's Bafe Cure and noth- ing else. After using it through several months Mr. Hopkins was restored to perfect health and secured a policy of $1,00 In the Mutual Life Insurance company, which had previously rejected him. IN HIS LETTER HE SAYS: “In 184 I was refused a policy in the Mutual Life Insurance company of New York, on account of kidney trouble, which soon after became so severe that 1 was compelled to take to my bed. I employed the best doctors, who diagnosed my troub.e as a case of Bright's ulsease and pro- nounced it incurable, glving me but one year to live. My suffering was terribie and reduced me almost to a skeleton. 2fter spending over §1,800 In vain a.tempts to find rellef, I was urged to try Warner's Safe Cure. Increduious, but on the prin- ciple that drowning men clutch at straws, I did so, and was surprised and rejoiced to find that it was working a_raaical cure, which has long since been eftccted. SAFE CURE brought health and life Insurance to me. Today I cfrry a policy in the Mutual Life' Insurance company and consider my- self as healthy a man as Is to be found in this particularly healthy country.”—C. W. el —Says C. mt 8. F. n Fran- HOPKINS, General Western Hess & Co., 45 Battery Btreet, clsco. Thousands of men and wpmen have kid- disease and never know it until the danger point has been reached. They go on, ‘Oying by Imches, until tho sudden col- lapse comes. The kidneys are the weakest organs of the body, yet they have the most work to do. They are waste gates of the ON THE LIFE OF TERM OF LIFE ls gently and ald a speedy cure. W. Hopkins, of San Francisco. human systém and are the soonest at tacked by disease. They are apt to be come clogged at any time. Nature's Warning of Kidney Disease. But_ nature gives certaln signs of presence o1 kianey troubie. Ir there is a reddish-brown sediment i your urine after it has stood for twenty- four hours, if it is at ail cioudy, or if par- ticies fHoal aoout in it, your Kluneys are diseased ana utterly unabie to do whar WOrK. There I8 not a moment o lose You should at once commence iaking Sate Cure, the only complete, safe and perma- nent cure for Brigni's aisedse, gravel, uric acid poison, diabe.es, rheumatism, ecgema, Jaundice, gout, dropsy, swelungs, back- ache and all diseases of the kianeys, blad- der, liver and blood. Warner's Safe Gure is Life Insurance. It not only prolongs life, but preserves health. it is purely vegetable and cont harmiul arugs. inis is Wiy due.or scribe it ana hospitals use it exciusively. It i1s free (rom seaunent and pleasant to take. It is a most valuable ana effective tonic, stimulates d.gestion and awakens the torpid liver. Safe Cure repairs the tissues, soothes In- flammation and irritatio; ones up and heals the enfeebled organs, builds up the body, gives it strengun d resiores en- ergy. ‘thousands of men and women are re- fused Insurance every week, 9) per cent of them because of kidney trouble. It you have ever been rejecied by any Insurance company do as Mr. Hopkins cid, o Safe Cure, and then go back again to the company for examination and you vil get your policy. But do it now. Dont walt, as Mr. Hopkins did, until he had thrown away a small fortune on worthle and treatment. SAFkE CUi LUTELY THE ONLY COMPLRETI, AND PERMANENT CURE FOR ALl DISEASES OF KIDNEYS, LIVER, BLAD- PHR AND BLOOD. tas stood the test ol %_years. You can buy Safe Cure at any drug store,’ or direct, 3 cents and $1..0 a bottle, If you nave’the siight- ANALYSIS FREE. & "85 to” hetuss velopment of the disease in your system. send a sample of your urine ta the medical department, Warner's Safe Cure " Rochester, ., and our doctors wiil analyze it and send you a_report, wi.h ad- vice and an Interesting bookief, free of charge. Beware of so-called Kiduey ¢ which are faull of sediment an odor—they are positively harm- Zul mand d: not cure. V'ARNER'S SAFE PILLS move the bow- e against Mathieson; affirmed; Oldham, C. Omaha against Hodgskins; affirmed; Old. ham, Omaha aga land Savings Bank; “affirmed on stipulation, following opinion in Omaha against Hodgskins, {maha agatnet Gamble: aMrmed on stipu Iation, following opinion in Omaha against Hodgskins. Larson against Union Pacific Rallway Compan; Byrne: inst Johnson against Anderson; affirmed Barnes, C._ Parker against Knights Temp: lar and Misons Life Insurance Company affirmed; Albert, C. Beatrice Creamer; Cnn&pnn& against Fitzgerald; afMrm. | Duffie, C. Lane agai Ames, C. Camplan al firmed; Barnes, C. veversed and cismissed; Hastings, ©C, concurriig in sepai opini oncurring in separate opinio Opinfons in the following cases will not be officlally reported: Lamb against Wilson; reversed and re- manded for restatement of account between parties conforming to opinion and entry of judgment accordingly; Ames, C. Hogg- sett against Harlan County; former judg- ment vacated; judgment district court re- versed; Barnes, jsek against Chicago, Burlington & Quincy Rallway Company; former judgment vacated; judgment of dis- trigt court affirmed; Kirkpatrick, C. Bagkes | against Black; reversed; Barnes, C. chy ugninst Simecek; afirmed; Duffle, C. Me- Allister against Wrede; affirmed; Barnes, C. Cruse against Holstein Lumber Com- pany: affirmed as to plaintift Cruse and de- fendant Schroeder; irkpatrick, C. Farm land Company against st Ra T Pe- versed:; direction to enter decree foreclos- ing, but not to include in such decree the amount dus upon the interest coupons upon which suit was brought in Lancaster county; Duffie, Snell against State; pe- | titlon " in error dismiseed; Kirkpatrick, C. Marquissee against Schoo! District No. 84, | Hitehcock County; afirmed: ~Ames, C: Nance County against Russel afirmed slanville, C. Thomas against Janesofsky: | affirmed Kirkpatrick, C. Jones against Smith; afirmed; Am: Monument for Old Settler. PAPILLION, Neb, Nov. 6—(Special.)— The handsomest monument ever -erected in this county was placed.in position yes- \terday in memory of Ferdinand Peterson, who was one of the first settlers of Sarpy county. The monument is over fifteen feet | high, the base weighs nine tons and ten horses were required to haul it io the Icemetery. 1t Is woade of granite, with the form of a private soldier in the uniform that was worn during the German wars of 1848-1860. Mr. Peterson served in these cars were required to bring the shipment from Fremont. The monu- ment cout §5,000. Water Works for Springfield. PRINGFIELD, Neb., Nov. 6.—(Special.) —The village board last night lat.the con- tract the construction of an $5,000 sys- tem of water works to W. H. Davidson, loca! banker. Bids were recelved and considered from the United States Supply company. Omaha; James P. Connolly, Omaha and Offerman Bros. company, South Omaha. Although Mr, Davidson's bid was considorably higher than the ofhers, it was congidered the best, as he agreed to| make the plant complete as per apeet- | cations, for §7,69. Work will be comamenced a¥ soon as material can be gotisa on the jground and it i¢ the intention of Mr. Davidson to have the plant completed by Janugry 1, 1906. PASSENGER TRAIN JUMPS TRACK | Roadbed Rendered Impassable, Fortunately No One Injured. BEATRICE, Neb., Nov. 6.—(Bpecial Tel gram,)—Rock lsland passenger train N 18, eastbound, due to reach this city at 2:02 p. m. was wrecked this afternoon three miles west of town. With the exception of the engine the entire train, consisting of a baggage car, smoker and passenger coach, left the track, but fortunately mo one was injured. The train was running about tweaty miles an hour and the roadbed was torn up for a distance of 100 yards. The accldent happened in a deep cut and was caused by an axle on the tender break- ing. The engineer saw the tender leave the track and applied the alr, bringing the train to @ stop just before it reached a high embankment. Passengers on the wrecked train were brought to this ity on train No. 17, which was In the yards awaiting the ar- rival of No. 18, but trafic will not be re- sumed on the line before tomorrow. Death Caused by Acelden WATERLOO, Ia., Nov. 6—-The coroner’s jury returned a verdict in_the case of John Rush, president of the Swelm Gas com- paay. today declaring that the injuries sus- tained were accidentally inflicted by {UPHOLDS ANTI-COMPACT LAW Judge Oarland of South Dakota Disagrees with Judge MoPherson of Iows. INSURANCE COMPANIES LOSE THEIR CASE Suit to Declare Voild Act Denying Companies Right to Pool on Rate Sheets Decided in Favor ot State, SIOUX FALLS, 'S. D, Nov. 6—(S8pecial Telegram.)—Judge Carland of the United States ‘court this afternoon handed down a decision In the ‘case instituted by the Hartford Fire Insurance company, the Phoenix Insurance company of Brooklyn, the Royal Insurance company of Liverpool, the German-American Insurance company and the Springfield Fire and Marine Insur- ance company against John C, ‘Perkins, commissioner of insurance for South Da- kota, in which he sustains the demurrer of the state to the complaint of the Insur- ance companles, thus holdifig in effect that the anti-compact law enacted by sthe last legislature is constitutional. The ‘insurance companies sought tg have the law declared unconstitutional, as be- ing in conflict with both state and tederal constitution. The defendant demurred to the bill for want of equity. Judge Car- land’s decision, which covers the case very thoroughly, concludes as follows: ese complainants have the op- 0 cease business |n the state y with the law in question. They have no constitu- tional rightu that are infringed by it. and it they have not they cennot be hieard ta say that, other corporatiens have. '{he attention n‘f‘oflu ‘court has been_called to the cases of Niagnra Fl;: l\}; rance comfilnr nfnlnl Cornell, 110 Fed. Rep. l& in the United States circuit court for tl district of Nebraska, and Greenwich In- surance company against Carroll in the circuit court of the routhern district of Towa. The opinlons of the presiding judge in these cases have been examin: and from such examinations tlis court eannot adopt the reasoning which led to the result reached in sald cases. CORRECT DRESS FOR MEN AND BOYS. | Money Cheerfully Refunded for Any Cause l If You Don’t Know That the B rg-Swanson Company sell the best haid-tallored, artistic, dependabie clothing to bs found in i YOU OUGHT TO A=« Your Neighbor Men's and Young Men's Ready-Tailored Qvercoats $15, $18, $20, $22.50 %25, $30, $35, $40. Men’s and Young Men’s High-Art, Perfectly Tailored Suits $15.00, $18.00 $20.00, $22.50, $25.00, $28.00, $30.00 Our Excellent Display of Men's and Young [len’s Suits and Overcoats at $10 and $12 can ooly be compared with those values shown cisewhere at §15 and 818, i quality and workmanship be considered. | Ask to see our Stratford Overcoat at $20.00 1L Rush was found on the floor of his office with wound in his head & week ago, and it was generally understood that he had been murdered. are often permanently Cure for Consumption. We're proud of our new Stanton suit at $15. Wil permit . -uuh:v.nlo .3: Wi i I v b ... 87 T READY WHEN YOU ARE »a