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ft' BAILROADS SEER' TO GUARD STOCK JBtgbt Over Hepburn Bill Is Di-Philadelphia J' rected Toward Protecting ff Watered Securities. Special to The Journal. Chicago, March 7.A "Washington special to the Chicago Tribune says: On excellent authority it is stated that the railroads are fighting now lo the protection of their watered stock and are not afraid of a law permitting he interstate commerce commission to fix rates, provided it bases its action upon capital stock and not upon, the ac tual cost of transportation. Everybody has known the constitu tion guarantees to the railroads every possible right to protect tnemseives against confiscation of their property. They would have the same right to go into court and protest against the ac tion of the commission fixing a rate as they would to go into court to pro test against the action of the govern ment requiring them to get off a mili tary reservation. Puzzled at Roads' Action. The Dolliver-Hepbum bill does not in any way, either expressed or implied, atta ck the constitutional right or the railroads to protect their property against confiscation. Fo that reason he people who are behind the move ment for rate regulation, including, it is declared, President Roosevelt himself, have been at a loss to understand why the railroad companies were so insist ent in demanding an express provision for an appeal to the courts against the action or the commission. According to present information, the railroad managers are afraid to depend upon their constitutional rights. They want something more. They wa ut to write into the Dolliver bill an express provision whieh will give a United States circuit court right to inquire into the question, not as to whether the particular frieght rate is confiscatory of the actual property of the road, but to determine whether the rate fixed by the commission, if put into effect, will be sufficientlv remunerative to do its share in paying dividends upon the stock of that road, no matter how great it may be and no matter how much wa ter it may represent. Remunerative Rates. I is asserted on excellent authority that the whole purpose of the railroads is to get into the rate bill as it is finally passed a specific section not only au thorizing, but actually directing, the circuit courts to see that the rate is "remunerative" on a basis either of the capital stock of a road as it now exists or as it may be increased in the future. There is a vast amount of difference between a rate which is confiscatory on he actual value of a railroad and one which will pay dividends on watered stock. I the railroads were forced to depend upon their constitutional rights the only question to be presented to the courts would be whether the specified rate confiscated the property of the railroad. You cannot confiscate an imaginary thing, and the United States courts, without any specific right of review in he Dolliver bill, unquestionably would be limited to the actual money value of roads and money cost of the trans portation. President's Attitude. During a recent conversation between President Roosevelt and a number of congressional visitors more or less in terested in rate legislation, the presi dent announced that he had an instinc tive dislike to the use of certain words in the construction of the proposed /rail road law. had noticed, he %aid with a smile, that all the great constitutional lawyers were opposed to the railroad rate bill in its essence, but that each one of them attacked its constitution ality on totallv different grounds. Be cause the? eminent lawyers disagreed, and because he could not secure a unanimous recommendation, favoiable to an particular foim of language he president insisted he had a right to view the rate bill as a layman, and that he would objeet to the use of lan guage which seemed to be intentionally confused, which might have unusual meanings attached to it by courts. Colds lelieved without a -jar with Kennedy's Laxative Honey and Tar. Best for coughs. Moves "the bowels. A liquid cold cure. PHONE ASSISTS REVIVAL Minnesota Farmers Hear Services With out Attending Meeting. Special to The Journal. Winona, Minn March 7 ITie telephone Is being made a valuable adjunct In re vival services at StewarH llle, in the Wi nona district of the Methodist church A successful series of rewval meetings i being now conducted there by Evangelist Ixwry There are several telephone lines extending out of Stewartville, reaching many farmhouses, and by an arrangement with the telephone managers, many of these farmers are getting the benefit of the re\i\al services every evening with out leaving their homes A large mega phone has been placed in the church where the meetings are being held, this being near the front of the speaker. It carries his sermon into a telephone re ceiver, from which it Is sent to all per sons connected on the line. Ensign Guy Whitlock of the United States navy, who enlisted from Winona,, has been given the command or the United States ship Callao, a gunboat cap tured from the Spanish at the battle of Manila. The Callao is stationed at Hong kong and Canton and cruises inland from Canton, protecting the American inter ests in China A the boycott of the American goods is mostly felt at Canton. the need of an American ship in that vicinity Is of considerable importance. Captains Fugina and Hennlng of Foun tain City have decided to put the new steamer L. in the business the coming summer between Fountain City and Wi nona, the Robert Harris, which has been *n this run for twenty-five years, having een withdrawn. In connection the boats ill take out excursion parties and make egular excursion trips three afternoons id evenings each week. PRAIRIE DTT CHIEN, WISCarrie Martnor and George H. Oral won first place In the high school contest, and will represent Prairie 8u Chlen in the Wisconsin Valley Oratorical league contest to be held at Boscobel March 23 Margaret Paris and Legrande Byke were close seconds. All Run Down I the springthat is the condition of thousands whose systems have not thrown off the impurities accumulated during the winterblood humors that are now causing pimples and other eruptions, loss of appetite, dull head ach es and weak, tired feelings. The medicine to tak e, according to he testimony of thousands annually, is Hood's Sarsaparilla In liquid or tablet form. 100 Doses $1, '4^ifgfiji ^M 9ednesday $ GAY AND SCENIC CLOTHES FOR MAN rf 4 Tailors to.Lead Re volt Against the Sombre and the Sedate. Journal Special Service. Philadelphia, March 7.Gray even ing suits for men, heavily braided day and walking suits, new art ideas in legs and sleeves, curios as vest buttons and gay colors for fancy veststhese are some of the idea that the merchant tail ors of Philadelphia are advancing in their levolt against London styles. Wa is on to the needlepoint and the Quak er city knights of the thimble and shears are calling on all true patriots to staud by them in their effort to cre ate a gay and good-humored American style of dress for men in 'opposition to the sombre costumes inflicted every year by Lunnon.'' To give their new movement an impe tus the Associated Merchant Tailors of Philadelphia are conducting an exhibi tion in one of the display rooms of a Broad street hotel. To show how much greater is the merit of the "New American styles over the English cre ations, about fifty London suits are ex hibited alongside those made here. The English suits are all upon the general lines that have prevailed for half a centurystiff, somber and un compromising. I this exhibition brings the success that its promoters expect, the Philadelphia tailors intend to be come the fasion setters for the nation. In one cas eve ry button is a hand carved dog's head, and in another golden half eagles are used. I the wide variety displayed there is a four buttoned white waistcoat and another of buff, all ablossom with green fleur de lis. Braid is a strong feature of the dress suit. I is of cording and runs on all the seams of the coat and trousers. Th coat is hn^d with gray silk of a shade slightly darker than the outer material. 24th Annual Reduced-Price Sale. The Great Plymouth Clothing House. CONFERENCE FOR ELECTION REFORM Minnesota an4 Wisconsin Men Tell Easterners About Pri mary Laws. New York, March 7.The national conference for the reform of the pri mary and election lawSj which is oe ing held under the auspices of the na tional civic federation, continued its sessions here today. Clinton R. Wood ruff, of Philadelphia, delegate from the National Municipal league, presid ed, and the discussion was opened by Professor A Garfield of Princeton. A yesterday afternoon's session, William Washburn, Jr., member or the Minnesota legislature and repre senting Mayor Jones of Minneapolis, described in detail the provisions or the law governing the Minnesota direct primary, which he favored. There are often more votes cast at the primaries in Minneapolis than at the elections, he said. The extension to the country dis tricts, however, has been opposed by the farmers. I the farming districts, he said, there is less graft than in cities because the farmers keep a close watch upon their officials. Mr. Washburn said the politicians are opposed to primary law because it does away with the old svStem of re wards for party workers. declared that public officials do not alwa ys represent the people and citqfl the United States senate as an illustration of his contention. Ii vine S. Lenroot, speaker of the Wis consin assembly, said that the fight in his state was wo in spite of the con vention system. Th law has been tried as yet only in municipal elections, but wherever it has been tried it has be en a complete success. Th railroad lobby ists opposed the law because, as they expressed it, it prevented them from getting together to talk it over with the voter. "We know in Wisconsin wh at hap pens then. Does an one doubt that Jerome would have been nominated un der a direct primary law? I is the machine that stands between the man and the people. Yo also have here two senators who are quite well known thruout the country. Does any one think either of them would have been nominated on a direct vote?" HEADACHES AND NETJRAILGIA FROM COLDS. Laxative Bromo Quinine, the World-wide Cold ana" Grip remedy, removes the cause Call for the full name and look for signature of E. W. Grove. 25c. LIBRARY "AT HOME" Miss Gratia Countryman of the pub lic library announces that the opening day of the new juvenile department at the general library building will be next Saturday. A invitation has been extended to the principals, the teach ers of the schools and all children in the city to celebrate the day as an "at home'' at the library and to inspect the new rooms. The old juvenile room will be closed and thereafter the chil dren will find their wants supplied in the new readingroom. Miss Stella Louise Wood will assist Miss Countryman with a story hour, one to be given in the morning and one in the afternoon. Open house will be kept only Saturday, as the regular hours of the juvenile department are after 1:30 p.m., daily. Miss Bartelson will be in charge of he room and will assist Miss Country man in her duties as hostess to the Min neapolis children. Th pictures will be hung this afternoon and the furnish ings will be arranged tomorrow, so that by Saturday everything will be in read iness for the juvenile readers. MADISON, WISThe Wisconsin state board of agriculture today decided to have an airship exhibition as one feature of the fair at Mil waukee next fall. There will be more horse racing and a better class of fireworks than ever before. OCEAN STEAMERS New York, March 7.Arrived: Noordam. Rot terdam and Boulogne: United States, Copen hagen: Citta dl Napoli, Naples. Sailed: Kaiser Wilhelm der Grosse. Bremen via Plvmouth and Cherbourg Carpattua, Genoa, Naples and' Tri este. PhiladelphiaArrived: Merlon, Liverpool and Qneenstown. AntwerpArrived: Zeeland, New York via Dover. LiverpoolSailed: Carthaginian. Philadelphia via Halifax, Ivernia. Boston via Qu#|nstWn./%-! GenoaArrived: Lombard, New Tork for NaX ples Ponta del GadaSailed: Romanic (from Alex andria and Naples), New York. KIMBALL, MfNNThe house of H. N Kent burned yesterday The fire i\as caused by the breaking of a lamp in one of the rooms upstairs. Nearly all the goods were saved. The building Lwas insured for $1,000. mmm^ Evening. |THE MINNEAPOLIS JOURNAL TAWNEI TRIES TO OSLERIZE CLERKS $ Old Government Employees Out Down to $1,000 a Year. Journal Special Service. Washington, March 7.The old gov ernment clerk, no matter what salary he may be getting now is to be cut down arbitrarily to $1,000 a year, for the sole reason that he has reached the age of 65 years if a provision in the legisla tive, executive and judiciary appropria tion bill goes thru. The committee on appropriations de cided to incorporate the provision in the do n*An Investigation was shown that $4000,000 a year is paid government clerks here who are 65 years of age or older. Of these class of clerks 77 per cent receive more than $1,000 a year. Tho few hundred dollars more that each of the old clerks receive- represent years of struggle and toil to gain a sal ary upon which they could live and sup port their families and they now see their years of work going for nothing. Many of these clerks are as efficient if not more so than the college graduate of from 2 1 to 30 years of age who are filling up the departments. I is upon these older clerks that the executive heads of the departments depend for precedents and methods of procedure. Chairman Tawney of the committee on appropriations is responsible forth provision. has been told by the heads of the various departments that they have superannuated clerks and Tawney, instead of trying to have them dismissed, determined upon the $1,000 salary for all over 65 years. THE COMEDY HORSE WAS A BYRNE IDEA M. Byrne, business manager of "Eight Bells," playing at the Bijou this week, and one of the* original quar tet of the famojus Brothers"Byrne, takes exception to theTstatement of a Minne apolis writer that the feature of the "comedy horse and coupe is an old Hanlon effect." "This stunt," he says ."was devised and introduce by John Byrne. was the originator of the acrobatic song and dance, and went to England about thirty years ago. While playi ng in London he saw a pantomime that suggested the collapsible carriage and the make-believe horse. came back to America and we built the vehicle in our carriage house at our New England home. rehearsed us in the act and then we went to London and introduced it there. I made a great hit and we were afterwards featured as a Euro pean acrobatic novelty and traveled in this country with Thatcher, Primrose and West's minstrels. When "Eight Bells" was written the act was made one of its features. I am not certain that the Hanlons ever used it in their pantomimes, the newspaper writer to the contrary, but it is immaterial. Plenty of others copied it and are still using it I has been adapted in many ways. Fo in stance, E Bice used it for the famous heifer in 'Evangeline' of whi ch Nat Goodwin was the hind legs. "The act has done us good service for twenty years and we get as many laughs with it as ever. Anybody is welcome to use it, with our compli ments, but we were the originators." ASHLAND, WIS.While attempting to cross Chequamegon bay on the ice with a team of horses last night, William Kerr narrowly escaped drowning. The ice had rotted durius the re cent warm scell and Kerr and his team were precipitated into the icy water. Kerr man aged to crawl out and finally reached Ash land in an exhausted condition. The team was lost. A new idea in cough syrupsKen nedy's Laxative Honey and Tar. Moves the bowels. Expe ls all cold from the system. Relieves all coughs. Soo Line Change of Time March 4th On\ the above date the following changes in schedules go into effect and new trains go into service: Train 107, "The Pacific Coast Ex press," will leave at 10:05 a.m. instead of 9:45 a.m. The "Canada Express" will leave at 8:40 p.m. instead of 6:30 p.m., from the Milwaukee station. The new train to Bismarck, N D. "The Dakota Express," will leave at 8:40 a.m. from local station. Th "Can ada Express" will run daily, beginning March 5th. Passengers should note that trains 107-8 will make no local stops between tho twin cities and Hankinson, except South Haven, Glenwood and Fairmont. Trains 103-104-105 and 106 will do the local work. N changes are sched uled east-bound on No s. 7 and 8, nor for the "Manitoba Express." For further particulars call at ticket office, 119 Third street S. Low One-Way Bates. Via Council Bluffs and Union Pacific from Minneapolis everv day, Feb. 15 to April 7, 1906 $34.90 to San Francisco, Los Angeles, Sa Diego and many other California points $25 to Portland, As toria, Tacoma and Seattle $25 to Ash land, Roseburg, Eugene, Albany and 8alem including Southern Pacific branch lines in Oregon $22.50 to Spokane and intermediate O. R. & N points to Wen atchee and intermediate points $22.50 to Butte, Anaconda, Helena and all in termediate main line1 Bates to the West and Southwest via, Chicago Great Western Bailwa y. Tickets on sale Feb. 15 to April 7 inclusive $34.90 to Sa Francisco, Lo Angeles, Sa Diego $22.50 to Salt Lake City $34 to Mexico City. Equally low rates to other points. For full infor mation, apply to R. H. Heard, Q. A. Nicollet avenue and Fifth street, HELPS CARRIERS AND SHIPPERS Continued From. First Page. existing rate, it had no legal authority to name a new rate. And its power has been confined to condemning an existing rate, accompanied by th sug gestion as to the new rate. Being clothed with power to condemn in turn the new rate, its suggestion as to the new rate has had such force as to re sult, with but raje exceptions, in the adoption of its suggestion,. I is now proposed to give the commission the same legal authority to-name the new rate which it has to condemn the old rate, with the same legal force and effect. Basis for Action. "The objection is made that this amounts to the Relegation of legisla ti ve authority, but the' supreme court has too often declared, in dealing with state constitutions designed to separate the three functions of the government as thoroly as the federal constitution, that a commission could be employed in this connection. Strictly speaking, it is not the delegation of legislative authority. The legislation speaks for itself, both as to wh at ^he Jaw shall be and to the effect of it, but as is so often done under our form of govern ment, a subordinate tribunal is em ployed to perform some act in conjunc tion with the legislative will, which in the end effectuates legislation. "Under the existing law if the, or der of the commission is not obeyed, the commission must bring a suit to enforce its order. The proposed law is designed the bill doe* not go into the details of upon the theory that when a rate is fixed by the commission it consummates a claim that the act amounts to the ille- case, so far as congressional action goes, is final. But in either case, as un der any act of congress, in the enforce ment of which a party claims unlawful deprivation of property, the party mak ing this claim can go Into a court of equity and assert his rights. Th his tory of the litigation resulting from the effort of the governments, federal and state, to regulate commerce, is at almost every step an investigation of the power of a court of equity to enter tain, and the right of a citizen to be heard, in a suit based upon the alleged unlawful deprivation of property. As to "Confiscation." "The further objection, however, is made, that there is a broad distinction between the line which marks the rea sonableness of a-^afce in its reduction and the point tif confiscation. Bu it should be remeifibetfed that congress only has a right to .reduce a rate to a reasonable point. Down to that point the rate is the property of the shipper. Bel ow that point it IB the property of the carrier. And while there might be a vast difference of opinion as to wh the point of reasonableness rested, as a legal proposition, the point marks the property line between the carrier and the public. "More than that, the law by express terms only allows the commission to go to that pointto reduce a rate below that point would be not only to invade the property rights of the carrier, but it would be in excess of the authority of the commission. And the courts have frequently used the word 'reasonable' as defining the extent of their inquiry, when the complaint has been made that the rate fixed was destructive of proo erty rights. This Law Goes Farther. "This law goes a step farther than most public acts, and provides that the order shall be in force and effect un less suspended or vacated by a court of competent jurisdiction. I has been urged, that, pending an examination by the court, the carrier might continue the old rate, paying the difference into the court for the use 'of the parties who have paid the freight in case the court should ultimately sustain the new rate. "This is open to two objections: First, the impossibility in a great ma jority of cases of determining upon what particular individuals the Durden of the excess falls, and. secondly, it presents a grave constitutional ques tion. While congress can make admin istrative acts final so far as the gov ernment is concerned, as in postal mat ters and'exclusion laws and some other instances, and can make the order of the -commission final, it cannot take from the citizen, the right to protect his liberty or property by a plea to a court of competent jurisdiction. Bights in Court. "Thus, congress-can impose all the conditions upon which the party might appeal to a higher court, but some where he must have the right to go to a court without the imposition of bur dens of conditions except those usually associated with litigation. I the car rier claimed that the rate fixed by the commission was confiscatory, threaten ing its solvency, perhaps imperiling its very operation, it might present a very grave question, whether at the same time it can be required to surrender, temporarily even, part of that which, according to itB own plea and upon which plea the court would impose its equitable power, was absolutely essen tial to avoid confiscation, prevent in solvency, or permit the continuance of its business. A "Fjor these reasons it as thought pest to leavef the carrier to its remedy ^.A ec uit 60 iy^ points $22.50 to Ogden and Salt Lake city, and inter mediate main line points. Fo full in formation inquire of Carter, T. A. 376 Robert street, St. Paul, Minn. t%2 leaving it open to the commission to vacated by the court. While a cxti- establish its order." zen subject to penalty fdr violation of A i M,* -D,*_4~~ wherwe the court might, if in its opinion it was practi cable, impose such terms as it saw fit, as a conditioi precedent to granting re i ^?r would be very ques whl tionable whether the law could impose the condition, the condition being i 7-- 7 "...u..v*. vmuft, xiu- ouw Mvuiuaiij \,u w.iu.tr oiui against posed by the court itself, it would not the McCall estates and Andrew Hamil- be open to that objection." for the returne h TT Y.1 81o I 8 A 1 0[ JK at which is to regulate interstaj merce. "The proposed provision is not the only instance where conditions arrived at against the will of the parties take tlje place of a contract between the par ties. Jp. the very inception of the car rier's existence, if unable to make a contract with the landowner over whose premises the road is to be built, pro vision is made for obtaining, at the hands of the law a condition which stands in the place of the contract which the carrier and the landowner are unable to make. Th carrier, ob taining its charter under the state law, is nevertheless bound by the power vested in the federal government to regulate interstate traffic. a he judicial procedure which the car- court makes its restraining order. Th rier may invoke. Th bill proceeds gal taking of property, than it would der shall not be in effect suspended, be if congress named' the rate in the presenting a very different case from bill itself. Th act of congress is the that where the law was silent after act of dealing with the question of the prescribing the penalty.'' regulation of a matter subject to con- "It is not claimed that this law is gressional regulation and in either perfect," Mr. Clapp concluded. "It would be idle to claim perfection for any piece of legislation dealing with N- Duty Bests on Carriers. "The duty rests upon the carriers to transport this traffic at a reason able rate, under an arrangement in the first instance entered into between themselves but if they cannot or w^ill not agree to the provisions under which an obligation is to be performed, then the law can supply what they are un able to reach themselves, "This has been definitely settled in two cases that came up from Minne sota: I one case the commission sought to regulate a joint rate, and the federal supreme court sustained the act in the other the commission went further than merely determining how the carriers should employ the proper they already had. but required them to put in a *Y, which involved their acquiring additional propertyeven the power of eminent domainand that re ceived the sanction of the federal su preme court." Constitutionality. Mr. Clapp also pointed out th at ob jection is made to the bill that it is unconstitutional in that it provides a severe penalty, of which it is urged thee incurring thereof is pricteo which a tn AS to Court Review. porary restraining which, if he Taking up the question of a judicial fails. Teview of the commission's rulings, Mr. the penalties which have been tem Clapp said: porarily suspended, yet no such case ^Objection is made to the fact that arisethere undesrno carrier must. possiblth pay take court tn nt sui to change this, and give the force of But," he said, "this objection has aw to the commission's order, leaving Deei the carrier to avoid th at effect of the provision of the bill. I provides that order is one which should not stand, the order of the commission shall go instead of as under the existing law i carefully guarded against by a effect unless it is restrained or law may take his risk in a tem make good,order,y ma subject him this for under this i ordelaw to violate, for the aJ of the court in such a case would or" the act of congress and that it is no ot the commission. But in conjunction more necessary to prescribe the details with the act of the court, comes the of the judicial procedure involved in limited to the restraint by the court the effect temporarily of the action aJ of the congress, which, speaking the congress, declares that the or- these great issues. Th bill aims, in the interest of all, carrier and shipper, to provide a certain means of arriving at a reasonable rate, and securing its enforcement with all promptness con sistent with the interests of all, under those principles of American law which cover all classes and all conditions." HAMILTON BACK TO CLEAR McCALL Continued From First Page. One of the members o'f the Fowler investigating committee, which spent weeks probing tne Hamilton accounts, said today: "The committee will hold a meeting at an early date and invite Judge Ham ilton to appear and explain his expen ditures. I any fac ts in his possession make necessary any revision of the re port already submitted to the trustees, the committee will not hesitate to alter its recommendations." Hamilton is in debt to the John A McCall estate for $285,000. make this payment in December last, Mr. Mc Call not only beggared himself, but also his family. had voluntarily given a pledge to refund to the company be fore the end of the year any sum for which Hamilton could not satisfactorily account. Mr. McCall figured this to be $236,000. To raise this he made sacri fices, the full extent of which were only learned yesterday. One of the officers of the New York Life said: "John McCall* had $500,000 of in surance on his life $300,000 in this company and $200,000 in several other companies. On his policies in this com pa ny alone he had paid for years $25,000 annually in premiums. When he surrendered these policies the last of December he received in cash only a trifle more than $50,000. surren dering his policies in the other com panies he raised $35,000. "This was the way he got the $85,000 which he paid in cash on the Hamilton account. Th remaining $150,000 as is known, consisted of a mortgage on his country place, which he later sold at such a fearful sacri fice that the price realized did not even cover the liens. "If he had left his policies a few weeks longer the company would have had to pay out $300,000, and by his surrender of them it was saved that amount.'' Whether Hamilton is financially able to reimburse the McCall family forth $235,000 which John A McCall paid to settle part of his debts to the company could not be learned. Hamilton has been a plunger, both on the horse races and in the stock market, and his per sonal fortune has surrered extreme fluctuations. In, addition to the $235,000 owing to the McCalls, Hamilton is iield responsi ble by the New York Life for an ac counting or restitution of sums aggre gati ng $920,277. John 0 McCall werft to Paris in No vember last, during the Armstrong com mittee's investigation, to get a detailed statement from Hamilton ot the latter's expenditures. returned with an "accounting" which did not account for anything. I this accounting Hamilton declared that he would never reveal the names of the men to wh om he had made pay ments, as they had been retained by him on the distinct promise that their identity was never to be made known. John C. Milburn, attorney for the trustees of the New York Life Insur ance jBompany, to bring suits against of th:e tto New York said to" Anew be en connecting Boads.e the eompany, today expressed surprise ^t bl aut on ov pro a rates of connecting roads the senator and delight at the return of Hamilton the Hamilton sued aloft return to New York city tonight And thee McCalld estate and th Passe wit 0 mak ?nr, 4. 4.U wil tem Jf 1 ffiwi? objections to the bill courts for return of the money. I shall J?J?*# contract for two roads where the car- there will be no delay in prosecuflig riers themselves refuse-to contract. Th the suit." M*^-^ J, fact is, th at it is not an attempt to "Wili you bring criminal nroceedimrs make a contract, but it is an attempt against Hamilton?" Mr. Milburn was to impose a condition where certain ob- asked. ligations exist, but the parties upon "NoT have nothing to do with wh om the obligations rest refuse to set- that that is the duty of the district at- tlethe conditions of their performance, torney. I don't remember the amount Jf it were not pyssible to authorize the involved in the suit, but it is a large commission in this respect, a carrier, sum and we believe we have a good case by refusing to make a thru rate, could against, the McCall estate and Andrew ^defeat the very purpose .f the law, Hamilton, immediatelye imatter Plain Twills, Fancy Stripes, Check Illusions, Worsteds, k- & c i? LADIES' SHOES money alleged fraudulentlays taken from the A copy of this cut printed on fine card can be had by calling at our Ribbon Department or sending us a postal card request. There were no ladies' Shoes in the Friend stock, but here is another purchase made at the same time anQ at about same price: About 250 pairs of broken sizes in ladies' $1.50 and $2.00 Shoes, most all sizes, at, pair....... .570C Over 1,000 pairs of ladies' Shoes in Elucher atent colt and vlci kid, lace and style, all sizes, $2.00 and $2.50 shoes, at, pair RUBBERS TMAT WHEN,THE MAR-CW W1NW BhoW IT IS UP TO us To fofc SOME Nice' WARM CLOTHE^VHEIts! EVERYBODY fcES. BE-ST PLAC& STER RKoV/1 COP^ft'CMT 19Q6. tVTHC BUSTtftteowM T-W.^^ WHY DOE-5 ONE PLACE IN A TOWN BECOME THE "&E-ST PLACE?" WHY DoE-5 EVERY BODY 60 THERE? BECAUSE THEY GET TREATED WELL. ARE YOU NOT NOW -5AYING IN YOUR MIND: "I NEED A NEW SPRING OUTFIT?- To THO-SE WHO HAVE DEALT WITH \JS WE ONLY 3AY: "WE ARE DOING BU^INE^^ AT THE ,SAME OLD STAND. TO THO^E.WHO HAVE NOT WE -SUGGEST THAT YOU COME, GIVE \JS A TRIAL. IN COLORED DRE*SS GOOD-5 WE HAVE A BEAUTIFUL LINE, HANDSOME COL- ORINGS, PLAIN FABRICS AND HIGH CLASS NOVELTIES. Solid Colorings Cashmeres, Serges, Voiles, India Twills, Our Line of Grayeshcn,M Is complete, Including light $1.50, $1.75, $2, $2.25 and $2.50. WE HAVE NO POOR $1.48 Misses' and children's 89o Rub bers, in all OA sizes, pair S5/C Boys' first quality 60c Hub- 4 0 bers, at ***7C Men's 65c Rub bers, in all ACkt% sizes, at ***JC Ladies' 60c Storm Rubbers, all sizes, modern AQ** shapes, at...."*' HAS OWN PLAN ON SAFE CROSSINGS Continued From First Page. tween the twin oities, will become one of the most important in the city, is to be abolished by means of a bridge car rying the roadway and the street rail vitff tracks over the Milwaukee tracks. This will leave the big plant of the Minneapolis Steel and Machinery com pany undisturbed and this may be an important feature, as the officials of the company contend that the adoption of the city plans seriously .affects its equipment. N estimate of cost of the work out lined has been prepared, but it wili necessarily be great with the long fill for A width of eighty-six feet and the large number of bridges. Mr. Boot says that the company's proposed plans are fair to the citv"as their adoption will do no material dam age. Great care has been exercised in protecting the interests of the various industrial and commercial concerns along the right of way but at the bfst many of them will be compelled to ex pend considerable sums in' altering their plants to conform to the change in grade of the tracks. A far as possible the spurs will be left as they are but in the majority of ..pases the industrial tracks will be raised with the main line. I is not believed that the closing of r' Broadcloths, Armures, Prunellas, w, dVenetians, 0 weight**fo J^i^Hf*8'Suits.r and heavy weights for Tailored *1 $1-23.,Etc Shirt Waist Suits. Medium Mannish Styles ,p .?J GOODS IN OU STORE EVEN IF WE SELL YOU LOW PRICED FAB- RICS, THEY WILL BE GOOD. SHOULD YoU WISH TO SELECT YoUR GOODS AND HAVE YOUR GARMENTS MADE FOR EASTER, WE HAVE BEAUTIFUL FABRICS FOR YoU. JOHN W. THOMAS & CO. Bi Shoe Sale John Friend, who has "been conducting a retail shoe business at 231 and 23 3 Central avenue, Bast Side, has decided to go Into the manu- facturing business. For th at reason he sold to us his stock of High Grade Men's and Boys' Shoes and Rubbers at 60c on the dollar. W have arranged the stock on bargain tables throughout our store and marked them for quick selling on basis of purchase, as follows MEN'S SHOES About 300 pairsa mixed lot of men's Shoes, some are heavy work shoes and some are dress shoes, their regular value is $1.50 QQ_ to $2.50, at, pair 5JOC The men's Shoes Mr. Friend sold at $2.50 and $3.00 are i marked, pair yk.VB The men's Shoes Mr. Friend sold at $3.50 are marked, pair ^)A.*tO Mr. Friend's $4.00 and $5.00 Shoes will be sold at, pair y,.VO BOYS' SHOES Mr. Friend had about 200 pairs of boys' Shoes that he sold at from $1.25 to $2.00 these will be on ticketed, choice table 98c Little Gents' Shoes A choice lot of Lit tle Gents' Shoes, regular prio $1.25 and $1.50, QQ. at, pair ^OC Dr.Bull's COUGH SYRUP Saves the doctor's fee and the druggist'! prascrip* tion charge. Always cures coughs, colds, croup, wbooping-oough, bronchitis, etc. Price, 25 cents. FREE SAMPLE if jou name this paper. Address. A. C. MEYER 4 CO., Baltimore, Md. a large number of streets will be ap proved residents of South Minne apolis. The property owners in the im mediate vicinity of such closed streets are certain to make a strenuous protest unless liberally compensated for the pos sible damage to their property. LEWISTON, MONT.What is said to be the biggest price ever realised for stock sheep in Montana has been paid to Thomas Murray of PhUbrook. Murray sold to Sweet Grass county buyers a flock of 2 year-old wethers for im mediate delivery, realizing $6 per head. You Employ an Expert i In food selection when you eat ,Grape=Nuts Rea* "The Road to Wellvffie," found in the package. & -A, JB*s,/.-rito. CUJ -J* M