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9 S You can profit greatly by present Young Men's Suits Young men's fancy suits, in brown, gray or olive mixtures, many of the season’s nobbiest suits to be had. $15 and 818 Suits at $10.00 $20.00 Suits at. .. ...$13.50 $22.50 Suits at $15.00 Clothing Prices Reduced !pfln‘ ltol‘lu are arriving daily and winter clothing has to go. £ee the new “Mundheim' felt hats—new shapes—new colors, THE YOUNG PEOPLE'S ovu STORE [[ 6 0 AND 1518-1520 rmm Street G Sena ror new uustrated Iall catalogus. prices. Boys' Suits Our $5.00 specials in Boys' Olothes, always the best values at the priceé, now selling at -88.75 Every sait in the boys' des partment reduced in price— blues and blacks included. o R it @ ‘D’UW éMMWWMWIUMM BIC COAL CLAIMS AT STAKE Contests Involvmg 10000 Acres Be- gins Friday at Lander. | ILLEGAL ENTRY IS CHARGED Sixty-Four Prominent New Yorkers Accused of Takimg Up Mineral Clatms for Benefit of Two Corporations. CHEYENNE, Wyo. ¥eb. 10.—(Spectal)— Contest cases involving rearly 10,000 acres of valuale coal lands in Big Horn county, Wyomingl; valusd ‘at §1500,000, will begin | Friday in !he“l..nnflfir (Wyo.) United States 1and officé, when sixty-four defendants ap- | pear to apswer to summons tiled by the | government. The cases., which are the most important ever heard before a land | offlce in th ate. have attracted wide | attention, not only on account of the large | values inyolved, but also because some of WNew York's most prominent men are In- Yolved 'either as operators of the coal mines or entrymen on the coal lands, which “the government ulleges have been filed upon legally. The cases involye 9,600 acres of rich coal lands lying tn the Gebo and Lander coal districts in Big Horn - county, Wyoming, which the government alleges have been filed upon by false and dummy entrymen in & conspifacy to defraud the government for the bencfit of the Owl Créek Coal epmpany and the Northwestern Coal com- pany, which are rumored to be connected with the Burlington rafiroad. Value Million and a Half. Government experts have appraised these lands at a valuation of $i50 per aere, which would make the total valuation involved in_the cases nearly $1,600,000. . The cases now on trial have grown out of investigations which the government has been making for ths last three years into ‘the alléged fraudulent entries made od these lands in 1806, both eriminal and elvil adtions having been' filed by the gov- ernment. A recent injinction case was Brought before the United States court at Cheyenne by’ the government, in which an ort was' made to eompel the Owl Creek Oeal company to discontinua operations on the: Gebo' coal mines until the title to the 1ands’ has been determined. A temporary restraining order was granted, by which the Gebo coal mines closed down and about 1,000 men were thrown out of employment. Willlam T. Adams, register, and Robert R. Heron, recelver of the land office at Ladder, have beéa disqualified from hear- ing the cases, as they are witnesses in the cuses, and Johin A. Willlams, a law ex- amiher of ‘the land office, and Captain George H. Hair, chief of the fleld division ot the Salt Lake City land office, have been appointed temporary register and re- celver to hear the cases. Able legal talent hae been employed on both sides and many witnesses have been summoned from New York arid other Yitles to attend the cases In connection wjth the civil cases agalnst the entrymen on ccal lands which the govornment ¢lalms were obtained by 1'-| legal entries, ‘many prominent coal men and entrymen were indicted by the United Btates grand jury; Warrants were issued for the arrest of Rufus J. Ireland, Frank W. Dally, Wilberforce Sully, Thomas P. MeoDonald, John Ne son and Jotin B. W.ight of Amityville and New York City, who were charged with unlawfully conspiring. oombining.and agreeing to defraud the gov- ernment. out of 1,780 acres of valuable coal lands near Lander, Wyo, for the Owl Creek Coal company, by false entries. The crime was alleged to haye been committed in June, 1906, at Amityville, when Rufus 1s "alleged, on. information, to ‘Fhie Distinguishing Fea- of Ozomulsion is its &k o THE RACE OF LIFE is to the strong. The Weaklings have but little chance, and yet every weak ohild it properly cared for and its body nourished with Build [ Vitalizing FOOD like .OZOMULSIO can be helped to grow up into a nrong. ae- ceasful, happy, useful member of so- clety, Ozomulsion Is & Life Food A tleth Oentury - Scientific Prepamtion = of selected Norwegian Cod 0il, Glycerine and Hypo- phospijites of Lime and Soda. ans not only prescribe it, but use it In their own families to build up their own and .their children's strength. Oomulsion s known, recommended and sold by worthy .druggists every- where in 16 oz. and 8 oz. bottles. Alwiyd ask for Oeomulsion by name. TRIAL BOTTLE FREE BY MAIL That all may:experiesce for them- golves what this exclusive preparation will do, ¢ 3-onf Trial bottle will be have conspired with Frank T. Lush, B. J. Heartt, Nelson V. W. Coyler, Blmer W. Davis, George W. Gates, Jennie Gates. Charles L. Bdwards, Mary Edwards, Loulse A. Ireland, Charles A. Plowright, Samuel P. Hildreth, John E. Ireland, Mortimer A. Trembley; Mary P. Myton, and the entry- men who were indicted, to flle upon coal lands totaling in all over 2,00 acres, 1,080 more than a corporation can lawfully ob- | tain, to bé turned over to the Owl Creek ecompany. On Information the government alleges | that entrymen or agents later certified to | the mineral’character of the lands. Power of attorney was In some cases glven to Samuel W. Gebo to dispose of the lands. Another indictment was brought against Dally, Gebo, BSully, Nelson and Wright, on the same charge and filed at the same time, alleges that lands were also filed upon for the Northwestern Coal company, aggregating 4,062 acres of valuable coal dands secured through emtrants named Bernhardt, Thompson, Coulter, Gleason, McCreery, Interman, Moore, Kupfran, Ozonn: ling, We Medibbin, Cos. tello, Heagen, Brohmer, Driscoll, Wood, Dally, Hamilton, Abbot, Coyne, Carhart, Hadah, Donnelly, Merions, Vorhles, Ilse- man, Reynolds and Price. Bonds were fixed at 35,000 for each man for appearance in the United States court In Cheyenne, when the criminal cases are called to court. Frcnch South Pole Searchers Silent Dr. Charcot Refuses to Give Any In- formation About Results to Passing Vessel. BUENOS AYRES, Feb. 10.—The captain of the steamer Sud, which arrived at Punta Arenas today, reports that he spoke to the Antarctic exploring steamer Pourquol Pas, anchored at Port Gallant in the strait of Magellan. Dr. J. M. Charcot refused any Information concerning the results of the French south polar expedition, Dr. Charcot's staff inc includes M: Bougrain, who was to make the astronomical ob- servations; M. Rouch, a speclalist in metorology and oceancgraphy; M. Gode- froy, who was to study the hydrography of the coast and the tides; M. (lourdoh, geologist, and Dr. Jacques L'Iouville, marine zoologist and botanist. Six auto- mobile sleds were depended upon to assist the expedition to make its way well into the interlor, The Pourquoi Pas registers #0 tons and with 500-horse power engines is capable of making about ten knots an hour. Court Enjoins New Water Works lJmlge Munger Issues Order Restrain- ing North Platte from Putting In New System. NORTH PLATTE, Neb., Feb. 10.—(Special Telegram.)—Recelver Slocum of the North Platté Water Works company today se- cured a temporary Injunction in the federal court against the city of North Platte, re- straining the city from building or con- tracting to build a new. water works plant or taking any steps in that direction. This injunction was secured in & supplemental bill_to the original pettion, wherein the recelver asks that the city be compelled to pay the price the pient was appraised for. W. H. Munger of Omaha issued the restraining order. The Weather, FOR NEBRASKA-—Partly warmer. FOR lOWA—U'h! snow flurries; warmer in_east portion. Temperature at Omaha yesterday: cloudy and Hour. . AR oot Aem 1| Towa News Notew. IR 13| _IDA GROVE—In this week's issue of the H4-3-3 “”P!onecr the editor, Frank Clarkson, ek makes authorised fnnouncement of the >y 2 candidacy of Auditor of State John L. Hex f.“ Lieakly for re-election. 12 m, 21| IDA GROVE—A dcal was closed toda: 1p m. 2 | whereby John Smith, the Goldfield, Colo 2p m 27| mililonatre. and A. B. Bell bought from 3p. m 3| John C. Weston of Clinton, Ia., the big 4p.m. 33| Weston ranch of 80 acres, which lles on | 6p. m 8 { " 1 . | - # Life is what Local Récord. OFIFICE OF THE WEATHER BUREAU, OMAHA, Feb. 10,—Official record of tem- perature’ and precipltarion, compared, with the corresponding period of the last threo yoars: 910. 1909, 1908, 1907, Meximum temperature. o 4q Minimum temperature. 10 5§ 82 % Mean temperature. 2 15 % B Precipitation ... 0 W T 0 Temperature and precipltation q artures from the normal at Omaha -lnne’g( ch and compared with the last two years: Normal temperature . Excess or deficlency for Total deficiency since March 1, Normal 4.98 inches 7.62 inches Reports from Stations at 7 P, M, Station and State T - of Weather. Tpm R::?l e, eloudy t, clear ,. or. partly clou North Platte, cles r" apld Cliy. cloud: it LAke CII)- partly eloudy San! !hrrm rlnud\ Sioux City, clear . sent by mail to all who send their ad- Ervision o A ek S New Yorw. !3!?23.5‘5'!':‘ Valentine, partly cloudy 3 T Idicates (race of Precipuation. L. A. WELSH, Loeul Forscaster, 225222222222285¢ [Dainty, fluffy bits of THE BEE: OMAHA, FRIDAY, FEBRUARY 11, 1910, )ES MOINES SAYS “ME, T00" Jommercial Organizations Same Rates with Omaha. {ELLOW PINE LUMBER CHARGE Sit1on 6 Do Motnea. He Department Extends to Ent Police Foree of Caplta City. Want = 2 (From a Staff Correspondent.) DES MOINES, Ia,, Feb. 10.—(Speclal Tel- cgram.)—The Des Molnes commerclal or- wanizations today filed with the Interstate Cofninerce commission a petition pf inter- | vention in the case of the Commerclal club of Omaha against the Anderson and Saline River Rallway company, Invelving rates from the.south on yellow pine lumber. The intent of the Des Moines commitice Is to have, In case of any reduction on lumber rates secured by Omaha, the same reduc- tion on rates made to Des Moines. Police Scandal Widens. The city councll today broadened probe and as a result it Is probable that the entire police department will be inves- tigated. Accusations of conduct unbecom- Ing an officer have been filed against the chiet of police and several subordinates and it is sald that some of them have ac- cepted pay for work donc for others while on the force. A general investigation is probable, growing out of the troubles in the health department. More Names on Lists. Attorney General Byers today rendered a declsion to the effect that the county auditors In making up their voting lists for the next June primary should include | the names recorded both in June of 1208 and in November. The inclusion of the | latter will add over 33,000 names to the lists. Bufter Stealing Condemned. Andrew Rozeboom ofl Hartley, a wealthy | dealer n produce, will have to rely on the Parole Board for shortening his five-year ‘term of service in prison for the larceny of butter! from a rival shipper of butter. He complained of the sentence being ex- cessive, but the court refers this to the Parole Board, which has power to reduce | the term. Rozeboom was putting some butter of his own in a car at Hartley, thero being in the same car some butter in tubs which had been loaded at Rock | Valley. Rozeboom rolled a.few of the| ther tubs over to where his shipment was located and changed the tags and labels. The station agent came upon the scene Just then and prosecution followed. The {Aetendant_claimed that inasmuch as he merely rolled the tubs a few feet on the | floor of the car he did not take and carry iway. The court says it was not neces- sary, In order to commit larceny, to lift ‘he butter tubs clear of the floor or to rry them out of the car. Supreme Co The following supreme court have been rendered: Martin Swift against Abagail Fiynn, ap- decisions | pellant; Washington county, reversed. Ellen B. Cumer, appeilaat, ‘against Rachel Clark; Appanoose, reversed. Farmers’ Exchange bank, appellan: Mwln ‘Trester; Madison, affirmed. o m Peppers, appeliant, against A. 8. flh.‘m Monron, attirmed. ArERre ler, ant nst city » Chariton; LucAA‘-mBmew o on l‘ nst Brown, peliant; Wood Areversed. i ‘revi Baker ullnll M. Kenney, ap- Delltnl Luc-l, reversed, E. Cottrell against Muntersville In- :‘urlnm assoclation, appellant; Monroe, af rmed. - State 18‘41\-1 Andrew Rozehoom, ap- pell!nt. 'Brien, affirmed. ” Jamifon, appeilant, S. % Auxier; Lucu‘ affirmed. W. S. Hall against Margaret Hall, ap- pellant; Polk, reversed. tate’ against A. M. Henderson, ap- pellant; Towa county, affirmed Wilson Opens Headquarters. James H. Wilson, candidate for rallroad commissioner, today opened headquarters here and started an active campalgn for | nomination. He resides in Adalr, but holds an office at the state house and is in position to make a hard fight. Colonel D, J. Palmer, the present chairman of the board, also, started active work this week for renomination. Railroad May Lose Charter, The State Rallroad commission teday re- celved from H. P. Hart of Camanche, Ia., & communication which will open up the question of the right of the Rock Island company to operate on the line from Iowa City to Clinton. This was formerly an_in- dependent line and the charter was granted under an agreement for certain train serv- ice. "1t is now claimed that this agreement has been violated by the poor service given. Want to Be Optometristw, Twenty-one candidates for certificates to practice optometry in Iowa underwent ex- amination at the hands of the state board today. This is the third examination un- der the new law, The Murray Iron works of Burlington tiled renewal of incorporation with $3,500 | capital; also the Wren Hill Telephone com- pany of Lucas county, $645 capital, and the Claar Transter company of Councll Bluffs $15,00 capital. Many to Attend Conference. Information has been received by Gov- ernor Carroll that In very many of the citles of the state delegations have been | named to attend the' state highway con- terence to be held here soon. He today re- celved u large number of lists of delega- tions named. You make it | ‘Takc a fresh grip— : ¢ “Cheer up” with bowl of Post Toasties |Ripe white corn Toasted to a “turn.” It's a delightful, Comforting food— Served right from the pkg. Wit 1 crean or fruit, “The Memory Lingers” Pkgs. 10c and 15¢ il its the edge of the town of Ida Grove. Ti new owners plan to make it one of th greatest stock farms in the country IDA GROVE—Every business man in 14 drove, with but oné or two exception has signed the guaranty for the propos #hort course, and this practically assur the success of the venture. NEVADA-At the annua} meeting of th Story County Teachers' assoclation, whic was held here today, the candidacy of T. ( Welty for state superintendent of publt Instruction unantmously endorsed MARSHALLTOWN—One _hundred tweniy-four pupils of the rural schools of the county have ‘entered in the annua spelling bee, one of the entertainments oi the central Towa short course, which is.to be held iIn this city Friday evening. Cas rizes of $75 have been hung up for th est spellere, MARSHALLTOWN--The 1018t ~ annive sary of the birth of Abraham Lincoln, th alvil war m-ldcm of the United States il B apon ely observed at the Iows Soldiers’ home on Saturday afternoon. T obsery the direction o Winches Ladles of the Granc Army of the Repubilc. A patriotic pro gram ‘has been arranged company this afternoon, after being out about two hours, returned a_verdict for | the administrator for $2,000. Mrs. Meyers | was killed by a Burlington frelght on the | trestle west of Pacific function last August The case.will be appealed. BORAHCALLS HUGHES TOTAS K (Continued from First Page) in the fundamental posed hideous defect | law, Fight Now in Legisintures “Now the scheme and plan 1s to Jofeai the amendment. Having as a law-making body solemrily accepted this construction of the constitution, thereby making it im- practicable again to appeal to the court, if this amendment can be defeated, this, the government of the people, for the people and by the people, 'will stand alone among | all the eivilized nations of the earth shorn of tho power to tdx that form of wealth best able to bear the burdens of govern ment. “That is the scheme and phan, and such men as the great governor of New York is giving them great ald and comfort. Men say with great fervor of patriotiem, ‘T am In favor of this power being given to the government to be used at least in time of war,' and straightway proceed to help de- feat the amendment. If those who are the real enemlies of this measure would come into the open Its friends could deal with them far more successfully. S'Mr. President, no one ever saw this country In just the condition it is today. Never since this government was launched | has there been such a restless spirit among the great mass of the people, such ugly questioning, such persistent Inquiry. No part of the government seems to escape challenge or criticism, and it is fast be- coming popular to scoff at the constitution itself. An unquiet, dissatisfled, susplclous public mind {s the public mind of today. Sees Defeat for Amendment. “You can defeat this amendment. In | view of the class of men who are joining the crusade against it I think you will de- feat it. The forces which propose to en- compass its defeat will not stop on the hither side of the most dlsreputable meth- ods to accomplish thejr purpose. But when the people learn what you have really done, the manner In which this has been manipulatcd, It will go far toward excit- ing to renewed forge that feeling of wrath, of class hatred aiready too strong among us. It will do much. fo foster disrespect for and breed adisloyalty to the govern- ment. When those who are ill able to meet the burdens/ of -government see Its enormous . expenditures continue to in- crease, larger- armies and larger navies, Increased - burdenssiewerywhers, and learn furthermore that'mll.this must be met by & tax on consumption while ineomes which sustain -luxury and breed {dleness and idiocy go unthxed they will have little mercy with you:'ih the hour.in which you must plead with. them against radical changes In the government. I do not know how long we can deal with a patient peo- ple in this way. But, I venuture to prophesy, not mueh longer. “I hope, therefore, the governors and legls- latures “of this country will be brave enough to do thelr duty in this matter. It fs time the people In this broad land be- stir themselves upon this vital question before it s too late.to do so. It would be nothing leds than a catastrophe it this amendment should be defeated, if we are going also to be cut ‘off from an appeal to the court, This Is in every sense the peo- ple's fight.” Conclusions of Senator Horah. Senator Borah outlined his conclusions as follows: 1. That the proposed amendment adds nothing to the taxing power of the na- tional government. This power was com- plete, unfettered, plenary, before. It can be no more than that should the proposed amendment be adopted. 2. The proposed amendment does not deal or propose to deal with the question of power, which 1s already complete, but simply with the manner and method of its exercise and use of that power. 3. No one has ever questioned the power of the national government to lay an in- come tax, for as was sald by Justice White, the question has always been ‘‘whether an admittedly unlimited power to tax has been used according to the in- struction as to method,” and remedy the method alone that the amend- ment was substituted. 4. The words “from whatever source" dd nothing to the force of the amend- ment. It would, I constitutional parlance, be just the same 4f it sald “to lay and col- lect taxes on incomes without apportion- ment,” for who could then say that you would not have the right to lay taxes upon all incomes. The present taxing power would not be a particle stronger if it said to lay and collect taxes upon all property from whatever source. 5. To construe the proposed amendment 80 as to enable us to tax the instrumental ities of the state would do violence to the rules laid down by the supreme court for 100 yeazs, wrench the whole Institution from | its harmonious proportions and destroy the and control of the soveroignty la tax is to construe it In harmony with the principles given us by Marshall and fol- lowed from that hour to this. Senator Brown WIIl Speak. At the conclusion of Mr. Horah's epeech Senator Brown requested that the ques- tion Me on the table in order that he might have an opportunity to speak on it | He said he hoped the amendment would | be favorably acted upon by the states re- | gardless of Its effect upon the sala:les of state officers and state securiiles. He | thought that the fact that the amendment | makes no exception In favor of anvens might commend it to the public and ke expressed the opinion that the amendment would be accepted PILES CURED IN 6 TO 14 DAYS. Pazo Olntment is guaranteed to cure any case of Itching, Blind, Bleeding or Fro- truding Piles in 6 to 14 days or money T tunded. o MORE THAN FIFTY-SEVEN KINDS OF SILK AT KILPATRICK'S SALB | Ask Grocer. | SBATURDAY AT CENTS YARD., GLENWOOD—The Juey in the case of Wil Meyers, administrator, against the | Chicago, * Burlington & Quincy Railroad it was to| object and purpose for which the whole Instrument was framed. 6. To construe It to cover those fin-| comes from sources within the jurisdiction | ng the | R. S. Wilcox, Mgr. Your time and money will be well spent. pay twice, perhaps three times, the price for coat as-good as we now offer—Don’t forget this sale starts Friday morning at 8:30 A. M. and will last two days if the coats last at this price. We expect to sell them all Friday, so come early. $30 Men's Spring and f_g!! Overcoats at $_19 We have about 150 men's spring and fall weight overcoats that we are going to sell CHEAP. Every coat in this lot is a REAL BARGAIN, and every man that buys one will save real dollars. They are not a JOB LOT bought from some would-be manufacturer of clothing for a special sale. BROWNING, KING & CO., and the style and workmanship is correct. This sale in- cludes all shades of tan, oxford, brown, grey and some light mixtures, in sizes 34 to 48, and plenty of them in all sizes—The prices were as follows— $18.00, $20.00, $22.50, $25.00, $28.00 and $30.00 Friday and Saturday we will sell them at the low price of. Every coat Browning, King & Co. $10 After this sale you will have to in this lot was made by Omaha, Nebraska MEAT 5CARCE, REPORT SAYs . One Cause of High Prices ~ Live Stock Receipts. Lower SMALLEST IN FIVE YEARS Department of Commerce Presents Figures Showing Large Falling Off at Seven Leading Markets Grain Receipts Also Less. WAEHINGTON, Feb. 10—One contrib- uting cause to the high price of meat, ac- cording to a report of the Department of Commerce and Labor issued today, Is the fact that live stock receipts for the year 1909 at seven leading iInterior markets of |the United States were the lowest since 1904, | The total live stock reccipts for the year head. Particularly - did rece!pts of hcgs for the last year fall off. For each of the four years previous o100 the hox receipts had been in excess of 19.0%0.(0) | head, totaling more than 22,000,000 fn 19508, talling to 18,634,641 last year. Cattle receipts in these markets for 1909— 9,189,312—while comparing favorably with those of the previous year, fell below the totals for the three years before 1908 Sheep fell below those In 1905 to 1907, but compared favorably with 1%08. Recefpts of hogs at the Chicago market for 1909 show a decrease of 1627074 a3 compared with the year before, or a de- cline of 19 per cent; receipts at Kanras City decreased 17 per cent, at Omaha 12 per cent, at St. Joseph, Mo, 23 per cent, while the decline at St. Louls was only 4 per cent. Total Cattle Recelpts Larger. While the total number of cattle re- celpts at these seven principal markets was larger than the year before, the 1900 cattle recelpts at Chlcago—2920,306 head— fell below the 3,000,000 mark for the first time since 1902, constituting less than 3! per cent of the total for the seven prmary markets as contrasted with 3 per cent, the average proportion for the preceding five years. The annual aggregate shipments of pack- ing house products from Chicago—2,161;063,- 718 pounds—were below those reported for any of the previous five years, says the re- port. All the items in the grand total with the exception of pickled beef and pork, show large declines as compared with the figures for the previous years. The largest losses since 1905 appear under the head of canned meats, the loss amounting to about 70 per | cent, and of lard, the shipments of which declined about 33 per cent since that year. The report also shows that grain receipts | at fitteen of the principal markets during | 180 were 74,624,008 bushels, which was lower than for any year since 1904. | NEW YORK, Feb. 10.—Spurred on by | Judge Swaysze's charge that a combination to store food stuffs for the purpose of ad- vancing the pricé is an overt act, the Hud- | son county grend jury today continued its investigation of tha big cold storage waroe- houses of Jersey City. In view of the court's declsion that an combination to raise prices is a consplracy, | Prosecutor Garven counts on securing in- dictments that he believes will check the | system whereby high prices are maintained in season and out Agitation in New York City against high meat prices has simmered down and the | onty asure now In view locally is the cold storage regulation ordinance before the board of aldermen. No action on this measure Is probable for a week at least. Meat prices remain about stationary, |STUDEBAKERS LOSE IN COURT | Agreement Brokem by Auto panies Upheld by Judge in Detroit. Com= | | DETROIT, Mich | gram.)—Judge Swan, States clreult court, Michigan, at Detroit, today handed down his declsion in the case of Studebakers against E. M. F. Automobile company, de- nying Injunction asked for by Studebakers to restrain the E. M. F. company from rescinding the sales agreement between the two concerns and marketing its product direct. This decision is most Important in that it finally determines the right of the E. M. F. company to contract with agents and dealers direct for the sale of E. M. F Thirty and Flanders Twenty automobliles ard confirms the exclusive rights of deal- |ers and agerts who have contracted with Feb. 9.—(Special Tele- sitting in United Southern district of 1900 In these markets aggregated 39,045,72% | the E. M. F. company since December §, when the Studebaker sales contract was tescinded by President Flanders. Three Senators Will Defy Court Smoot, Bourne and Fletcher Will Not Respond to Order to Appear in Court. WASHINGTON, Feb. 10.—Under positive instructions Senators Smoot, Bourne|and Fletcher, the senate members of the joint respond tomorrow to the rule issued by Justice Wright of the distriot supreme court requiring them to appear before him. Thelr refusal was based on the coneritu- ! as construed by the senate. Martin Madden Must Pay Fine Trades Council and Others Sentenced. CHICAGO, Feb, 10.—Martin B. Madden, former president of the Bullding Trade | Metal Workers' union, were sentencel tc pay a fine of $500 each today, followin: thelr conviction on May 20 of conspiracy to do an fllegal act. BxcLudion BILL IS REPORTED Hayes Menasure is Directed at Jap- anese add Chinese. WASHINGTON, Feb. 10.—A bill by IRep- ! resentative Hayes of California aimed at the exclusion from the United Sta‘es of the laboring classes of Japanese and other today by the committee on immigrat.on by a unanimous vote. Not for some time has the commttes before been unanimous on matters of jm- migration restriction. Represen's’ive Hayes' bill {s a lengthy one, embodyink what the present law contains with the clause inserted applying to the Japanese, but without specifically naming them. The clause reads: | “To exclude persons who under the pro- visions of the revised statutes of the United States are ineligible to become eit- izens of the United States, unlees they are merchants, teachers, students or {ravelers for curlosity or pleasure.’ The statute mentioned defines el gible aliens as free white persons cr Africans by nativity or descent. U, C. T. Lodge at Esthervill ESTHERVILLE, Ia., Feb. 10—(Special) —With the ceremonies In churge of A. V. Weldell, grand deputy counselor of the United Commercial Travelers of Bloux (my a local United Commerolal Travelers' lodge 4%, was organized here Ilnt known as No. COLDS CURED IN ONE DAY !!u:yanx Cold Remedy Relieves the threat aud tungs slmost Immediete: ooy Fevers, stogs Discbatges of e uoss, takies away all aches aud peiny cavsed b, ids, . 1t tllr'l Grip end ob- fl'lnnl. ouc 4 and prevents l'uou:..:.h HA\I,' )0\1 sty or 'WO']EB ’O'fll! 20 mat- e how, chionle?” A5k your drigeit for ‘)‘lunyon'-klnhtumath;n emedy, £2d S0 ow quilekly yon wd Wit y%nl?l’ Ay ngn-y ‘or bladde: tron. | t ) medy. :( ;yona Vitalizer makes nu men strong and restored lest powers, printing committee of congrems, will not ' tional prerogatives of members of congress | Former President of Chicago Building | 4 council; M. J. Boyle, an official of the Electrical Workers' union, and Jred | Pouchot, former business agent of the: races was reported favorably ¢o the houss ! night, with the l'ollmvlnl officers elected for the year: Senlor counsellor, A. J. Greutzmacher; junior counsellor, M. H. Schloeman; past counsellor, J. T. Sanden; secretary and treasurer, Edwin N. Daum; conductor, John Hanson; pages, Fred Tre- vitt; sentinel, Harvey Cox; executive coms mittee, E. E. Hartung, Sam Johnson, H. | L. Shultz and George M. West, George A. Relfsteck w elected chaplain.. The members from Estherville who were taken In are J. T. Sanden, H. B. Hartung, G. M. West, M. H. Schlooman, G. E. Groves, H. W. Cox, B. N. Daum, F. 8. Wheélock, J, B. Leln, A. J. Greutzmacher, G. A. Nichols, John Hansen, L. L. Druley, Fred Frevitt, R. O. Varner, R. H. Wickersham, Sam Johnston and G. A. Reifsteck. Those from out of town were C. G. Hospers, Emmets- burg; J. R. Flatt, Spirlt Lake; John D, Broadgate, Rock Raplds; F. A. Fisher, Dows. This Is the only United Commercial Travelers lodge In northern lowa west of Masor City. i P ST MORE THAN FIFTY-SEVEN KINDS OF SILK AT, KILPATRICK'S SALE SATURDAY AT 51 CENTS YARD, The Incomparable Victor«#% ‘We put on sale today the great- est triumph of Victor recording in the “Miserere’ duet by Caruso and Alda with Metropolitan Opgra, House chorus—Record No. 89030, (13 There is not a Victor owner who should not own one of thege records. Call and hear fit, 'phone your orders. ; made Robert E. Peary, describing in great detall his discovery of the north nole. No. 70012, $125. Victors, $10 to 860 Victrolas $125 to $200 Basy Payments if Desired Piano Pla!gr Co. OLD BOSTON sTORE—3a FLOOR AMUSEMENTS, ‘BOYD— TONIGHT Tomorrow Matinee and Bvening THE SOUL KISS With Portina, the Burvjean Danseuss Sun., Mon., Tues, Wed. Mat, and Henry B. Harris Fresents it ROBERT EDESON in his greatest sucoess Seats now selling, ] VANCED VAUDEVILLE Matines Day. a6, Bveniug {ormance, nl‘. 'rh’u week: Charles " the ; lf.m y_B. Green & Co., uters, i . and Axt !IQH Th "!l"‘ u“‘* Kinodrome, lnd the Orp) (.onur! Orcho tra. Prices: 10c, 25¢ -n 00 !'mnl 180-860-00c-78¢. TONIGET -MATINEE SATURDAY THE SQUAW MAN Wn"—'m uu'u. Dally Mat., 15-35-50¢. all 'a.“lnllnl.l":'lfllv night Rialto Roupder- Twice Dall BXTRAVAGANEA edy-dram Jul Plain Fol c°' h tfun. @ Lm “THE ulm"& Wi By i e -