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V DISTINCT VICTORY FOR DISTILLERS Solicitor General's Opinion a Whisk Case. SUBHIi 1ED TO PRESIDENT I WMIe Not Final It Reverses the Posi tion Heretofore Taken by the De partment of Agriculture and Sus tains the Contention ef the Manu facturers in the Matter of Blended Liquor.* Washlnfto», JNhm Bowers, solicitor genoral of the Unit ed States, has submitted to President Taft his opinion as to what the term ••whisky" means in law. In effect Solicitor General Bowers holds, after discussing at great length what the term "whisky" meant at the Ume of the passage of the pure food law, that the public does not consider that added coloring or flavoring mat ter can make whisky out of what oth erwise is not whisky. Whisky is re garded generally and naturally as har 1»& a flavor and properties of its own. "There is no more reason for saying that alcohol becomes whisky because colored and flavored like some true whisky than for saying that alcohol kecomes braudy because colored or flavored like some -brandy," he says. On the other hand, the mere addition of harmless coloring or flavoring mat ter to what is previously whisky does not destroy its whisky character un less such addition unduly dilutes or otherwise affectB the essential prop erties of the whisky." While the opinion of Mr. Bowers Is not final and may be overturned by a subsequent proceeding it is distinctly victory for the contention of the blended whisky distillers and is a re versal of th® position heretofore taken by the department of agriculture. The opinion is very voluminous, consisting «*f thousands of pages of testimony and a resume of the testimony and the opinion of Solicitor Oener&l Bow ers. President Taft authorized the opin ion of Solicitor General Bowers to be made public, but announced no opin ion himself, because it was his desire to hear further testimony taken from what are known as "straight whisky" distillers. ARRAIGNMENT IS POSTPONED Paul Girl's Attorney Demands In quiry Into Sanity. fit Paul, June 8.—Louise Arbogast,1 Jld In black from head to foot and with a heavy black veil covering her features, was called before Judge Lewis in the district court for ar raignment on the indictment charging her with murder in the first degree for the killing of her father, Louis Arbogast, the West Seventh street butcher. William D. Mitchell, attorney for Miss Arbogast, asked the court be fore plea was made to take up con sideration of the present mental con dition of the young woman. Judge Lewis said that he was not prepared t6 do so at the present time and that, la view of the request of counsel, the arraignment should prooeed no fur ther. As a result no plea was entered and even the reading of the Indict ment was waived. JULLS HER SON AND HERSELF Prominent Salem (a) Weman Com mits Double Crime. •flalem, O., June 8 —With a revolver Ifrs. Elizabeth Sharp, wife of G. V. Sharp, a politician and manufacturer, killed herself and her twelve-year-old •on Harold. The tragedy came when the mother and boy had retired after spending the evening together playing the piano and singing. The motive is believed to be the woman's sorrow over the fact that the son had a mal ady apparently incurable. He had been mentally deficient from birth. Mrs. Sharp was thirty-eight years of age and was prominent in society. Mr. Sharp heard the shots, muffled by bed clothes. He found the door locked, broke it open and discovered his wife Mid son dead in bed. FOR ASSAULTING POLICEMAN United States District Attorney Arrested. Ban Antonio, Tex., June 8.—At tempting to interfere in the festivities of a party of society people who were bidding farewell to Miss Bessie Yoa kum, daughter ot B. F. Yoakum, pres ident of the Rook Island-Frisco lines, at the railroad station here, Eugene Wahrmund, a policeman, was assault ad and beaten. The pollccman's gun and club wero taken from him. Unit ed States District Attorney Charles 0. Cresson and Samuel Bennett, a prominent lawyer, were arrest*d i* SMUMctlott with th* affair. NOTABLE GUESTS PHtfcfcNTj Dr. MacLaurin Bacomaa Head «f In stitute of Technology. Boston, June 8.—Before an assem blage of notable guests and thousands •I alumni from nearly every state 1» the Union Ir. Richard Cockburn Mac Laurin was formally inducted into office as president of the Massachu setts Institute of Technology. President MacLaurin, who was for* feerly connected with Columbia uiii» •ersity, actually assumed the reins of government of the institution on June RICHARD C. MAOLAURIN. 1, succeeding Acting President Arthur A. Noyee. On the stage of Symphony hall where the exercises were held, were seated the special guests, who includ ed Ambassador James Bryce of Eng land, Governor Draper, President A Lawrence Lowell of Harvard, Bishop William Lawrence, President Henry S Pritchett of the Carnegie founda tion and formerly president of Tech nology Arthur A. Noyes, chairman of the faculty, and James P. Monroe former president of the alumni. ANOTHER VICTIM OF KENTUCKY FEUD Ex-Sheriff ot Breathitt County Shot From Ambusli Jackson, Ky., June 8.—Ex-Sheriff Bdward Callahan, noted for partlclpa tion in the feuds that have disrupted Breathitt county for years, was shot from ambush and, it is believed, fa tally wounded. The shooting took place In his home town, Crockett* rille, sixteen miles from Jackson. Callahan had swept out his storu preparatory to opening for the day and was brushing the refuse from the door when the shot was flred. The ball took effect in the left side of his abdomen. Bloodhounds have been put on the trail of the assassin, who, it is understood, hid behind a pile of coal to fire the shot. Callahan was in Jack son Saturday in attendance upon oourt, a warrant having been served upon him for malicious shooting in a family affair some time ago. His case was continued and he at once left Jackson, telling one or two friends that lately he was fearful of his life. It is said that the Immediate oause for the shooting of Callahan was a dispute over the management of a church he built at Crockettsvllle and of which he Is a deacon. Callahan was the ohlef lieutenant of Judge James llargis. Judge Har gis was shot and killed by his son, Beach Hargis, who has received a life sentence for th® murder. AERO CLUB'S NATIONAL RACE All but One of the Contestants Heard From. Indianapolis, June 8.—All but one of the balloons that started In the Aero club of America's great national race here have been heard from. The St. Louis III. is supposed to be sailing toward the Gulf of Mexico. The New York, with A. Holland Forbes pilot, came down at Corinth, Miss., and the Hoosier, Captain T. S. Baldwin pilot, landed at Greenbrier, Tenn. The Indiana, Carl Fisher of Indian apolis pilot and G. A. Brumbaugh, as sistant, came near enough to ground at Schackle Island, Tenn., to let down two buckets and get a fresh supply of water. They then lightened ballast and mounted again to the higher cur rants to continue the race. Schackle Island la tw*iv* mil*s north of Na#h •llle. Mrs. Taft Saves Condemn** Wan. Washington, June 8.—Mrs. Taft, through her womanly instinct of mercy, has saved from death a Rus sian named Perovich, convicted of murder at Fairbanks, Alaska, and sen t*nced to be executed. It la said that her intercedence with th* president influenced him to chanf* U» MBtMW* la Ufa tmprisouuMt. *ti ALDRICH AGAIN IS VICTORIOUS Carries Bis Point en An •tier Cotton Schedule. NINE REPUBLICANS BOLT Vet* WWi Democrats In Opposition to Recommendation of Finance Com mlttee— Increase in Duty Fought by Senator Dolliver, Whose Chief Argu ment Is Made After Adoption ef the Amendment Washington, Jtme •.—'file senate, kr a vote of 41 to 26, sustained the recommendation of the committee on finance on an amendment to levy a duty of 8 cents a square yard and 20 per cent ad valorem on cotton win dow hollands. Senators Foster and McEnery, Democrats, voted with the majority. Nine Republicans—Bover fdge, Bristow, Brown, Burkett, Cum mins, Dolliver, Gamble, La Follette and Nelson—voted with th* Demo crats. This increase was opposed by Sen ator Dolliver, who declared that prac tically all of the cotton window hol lands used in this country are of do mestic manufacture, congress itself being one of the few customers of the foreign article, as shown by the shades hanging about the senate. Mr. Aldrich responded that up to 1890 the duty was as now recommended by the committee, but that under a decision then rendered these articles were placed under another rate of duty. Mr. Dolliver's chief argument against this increase was made after the adop tion of the amendment, as he said he "had sufficient experience to see that It was just as well to throw light oa the subjeot after th* event as be fore." My a vote of 30 to 28 the senate voted down Senator Dolllver's amend ment striking out the duty of 1 cent a yard on mercerized goods. Aldrich Becomes Sarcastic. remark by Senator Beveridge that he was "inclined to support the finance committee" called forth a sar castic reference by Mr. Aldrich, who suggested that the Indiana senator bad not been so inclined when th« time had arrived to vote and added that "as time progresses he may be able to vote with the committee." Insisting that senators should vote according to their consciences the In diana s«aator, looking straight into the eyes ef his colleague from Rhode IsJand, expressed groat regret that Mr. Aldrich had seen fit to mak* such a remark. Meeting a criticism by Mr. Bever idge Mr. Aldrich said h* never had f*vored a prohibitive tariff and did not want one. Continuing, he declared that the South is as sure to manufac ture the finer grades of cotton cloths as th* future is suro to be here." Reviewing the interests of Georgia Senator Bacon dc-clarod that he is not In faver of raising any of the custom duties, notwithstanding that in the agiregate of manufactures Oeorgia is the first mt the Southern states. Al •ugh fee Georgia mills make soma th* more *spenaive cotton goods he said the people were willing to de fend upon their newness to the eotton fields and other oonditions t* com pote with others. DENOUNCED AS UNDESIRABLE Mileage Baptist Ministers Criticise Professor Foster. Ohleago, June 8.—Professor George Burman Foster, professor of theology at the University ef Chicago, was de nounced as "an undesirable member ot the Baptist denomination" and his withdrawal from the Baptist church and the University of Chicago was de Bianded by speakers at the weekly meeting of the Chicago Baptist minis tors' conference here. Notice was given that the profes SOT'S withdrawal would be formally demanded at another meeting to be h*ld next Monday. The eriticism of Professor Foster Is based on his views *n religion, particularly aa to the dlvlaity of J*aus Christ as expressed la hla new book, "Th* Funetioa of ItollCioa." Crimin*logi*ta in Seaaion. Chicago, June 8.--Criminologists from all sections of th* country gath «r*d in conference here under the aus plc*s ot Northwestern university law school. No set speech** are on the programm*. although numerous Im portant subject* hav* haoa assigned for discussion. Daminloans Expelled Prom Haytl Cap* Haytten, June 8.—The Domin lean revolutionaries, who last week w*r* driven over th* frontier t« Hay |lan territory, have been *xpeH*d by i th* Haytlaa gav*ram*at and will tear* h*r* Jaaa &4 Itr Bt Thataaa. V. PS .V£ V IV rr^ V y» .. MADISON. SOUTH DAKOTA, TUESDAY, JUNE 8. 1909 UUST TANK MS OWN LIFE Imperial Order Transmitted to Yuan Shih Kai. Peking, June 8.—A report Is cut* rent that five court officials are now (Hi their way to Honan, carrying the imperial yellow cord, signifying the throne's order that Yuan Shih Kai shall commit riuicide. The report is accompanied by cir eumstantial details to the effect that the officials are to watch Yuan Shih Kai day and night, giving him two YUAN months hi which to caitf out the or der. The present persistent revival of the death story comes coincident with the reported serious illness of Prince Chins and is given oolor by the ad mitted fact that the present dowager empress, widow of the late emperor and official co-regent, Is boat upo* Yuan Shih Kal's death. KSUBDERER KILLED ON WAI TO COURT St Louis Tragedy'Culmination ot Political Feud. ft Louis, Jun* 8.—Fred Mohrle who killed Constable Sam T*ung in North St. Louis several weeks ago was assassinated in the corridor of the criminal court building by Will lam Kane, a former deputy under Young. The shooting occurred as Mohrle was being taken to court to stand trial for the death of Young and is the culmination of a bitter political feud. Mohrle had asserted shortly after th* Young shooting "that the gang' had threatened to "get him," but fol lowing the ethics of the "gang" he refused to reveal the Identity of the men who had threatened him, saying that he couid take care of himself. ESCAPE ON WAY TO GALLOWS Three Filipino Murderers Make Sue cessful Dash for Liberty. ila, June 8.—Word was received here that the three Filipino murder ere of Dr. William Jones of Chicago, who were being brought to this city for execution, escaped from their guards in the mountains of the N'euv Vlxcaya province, near Pangaalnan. The escape was made during the night and a thorough investigation has been ordered in the belief that the guards were guilty of gross care leesness, if not complicity la the escape. Dr. Jones was killed while studying the hill tribes. He misinterpreted challenge by the natives and received half dozen spear wounds, from which he died shortly after reaching his boat otri Maltreated and Murdsrsd. Omaha, June 8.—The body of Annie Nelson, a Danish girl aged twenty two, who disappeared from the violn ity of Florence, Neb., May 22, was found in the Missouri river near South Omaha. There wore evidences that the girl had been ill treated and mur dered and her body thrown into th* river to conceal the double crime Ther* is no clue to th* murder*r. Harrlman Arrives in L*ndon. London, June 8.—E. H. Harrlman has arrived here from New York on his way to Paris. H* said he had good trip across the Atlantic, except ing a few days of seasickness, and that he is la better health thaa year ago. Dai In $1000.00 Given lot any tubttance in jurious to health (ound in ID Must Serve Fiv* Years. D*s Moines, June 8.—D. T. Blodgett oandldate for congress on an Inde pendent ticket last fall, must serve five years in the penitentiary, accord ing to a decision of the stat* supreme court. Blodgett was convicted of having Issued a forged statement. Porto Rlcan SHI Pas*** Heuee. Washington, June 8.—Th* hous* has finally passed the Porto Rlcan bill authorizing the continuano* ot the current aftprofrlglliM ^41* Aacal year. .••••..H... -V food tesulting from the use of Calumet Baking Powder GOLF BETTfcH THAN FMANUt Rockefeller Declares Me Is Not In terested in Latter. New York. June 7.—Saying that the financial situation Is not half aa In teresting as golf John D. Rockefeller returned here from Hot Springs, Va., where he took Mrs. Rockefeller five months ago for her health. We have had a splendid time," said Mr. Rockefeller, "and Mrs. Rockefeller Is much better." Mr. Rockefeller was asked If he eared to say anything regarding the financial situation. "What do know about the financial situation?" he re plied. "Whv, finance can't be com pared with golf. I hope some day to be able to play good golf. I have played a good deal of it in my life." He spoke feelingly of the recent death of H. H. Rogers. "It is sad, very sad," h* said. TO DISCOVER HIS INCOME Mrs. Howard Gould Asks That Hu6 band Produoe Books. New York, June 8.—Couns*l for Katherine Clemmons Could asked fo: an adjournment of his client's suit for separation frora Howard Gould or the ground that he had prepared subpoena duces tecum ordering Mr. Gould to present his books to the court showing the amount of his in come and from what source he ob tained it, but had been unable to serve the subpoena. Counsel for Mr. Gould said he would accept service of the subpoena provided his client wa givtn two days in which to get hi^ books together. He said Mr. Gould was now serving as a grand furor Mlneola, Nassau county. in Detroit Broker Ends Life. Detroit, Mich., June 8.—A. Milton Holden, a member of the brokerage firm of Fred S. Osborne ft Co. of this city, committed suicide by shooting himself through the head. It is said Mr. Holden had been worrying about business affairs and had become de spondent. Deaf sees Cannot ha Glased by local applications, us they oaniu.i roHch the diseased porlion of the ear. There in only one way to cure dt nfnet-n and that is by oonntitutional remedies Deafness is caused by an inflamed 11 lition of the mucous lining of tho Eu ritachian Tube. When thin tube is in filmed you have a rumbling sound perfect hearing1, and when it is en tiielv closed, deafDesB is the result, and unless the iLliamation can he taken out nd ttai* tube is restored lo its normal condition, hearing will be destroved for over nine cases out of ten are caused by Catarrh, which is nothing but an iti ilairied condition of the mucous surfaces We will give One Hundreo Dollars for any case of deafness (caused by catarrh that cannot be cured by Halt's Cattirrl Cure. Send for circulars, fre*. F. J. OH liNEY A CO Toledo, O, Sold by Druggists, 7.0. Take Hall's Family Pills for constipation SIMPLE REMEDY FUR LA GRIPPE La (Jrippe coughs are dangerous as they frequently develop into pneumonia Foley's Honey and Tar not only stopt the fough but heals and strengthens the iuugs so that no serious results need be feared. The genuine Foley's Hone) and Tar contains no harmful drugs and is in a yellow package. Refuse substi tutes.J. H. Anderoon. Wt often wonder how any person can be persuaded into taking anything but Foleys Honey and Tar for coughs, col Is and lung trouble. I)o not be fooled into accepting "own malre" of other sub stitutes. The genuine contains no harmful drugs and is in aj yellow pack age. J. H. Andeisnn THOMPSON & LEE, Practical Electricians '—Keep on Hand— Electrical Supplies Wiring ad other Elec trical Work Deae «n short 4.' SHOP IRELAND BUILDING T..• COAL A v K 7** *v -«?r '•&<? •hC..' LOOK AT THESE COIAPSABLE BABY CARTS See My Line and Get Prices E O E K Peter Marquart & Son MEMBER OF $ HONEST CONCRETE W. G. 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