* " * K o TIJTD OMAHA DAILV BIhTKi SATtTTrAT. ) OCTOBER 1J3. 1807 , OMAHA , October 51 , 1SJ7. Values- On Saturday morning- , Oct. 23 , we will place on sale all of the Odd Lines and broken sizes of last season's Knit Under wear , and will close them out at extremely low prices. The prices quo ted may seem unreason ably low , but we guar- jti nntee every value to be as represented ; these goods have been taken out of our regular stock and we prefer to make one quick sale of it than to have them on our shelves this winter hence the extreme cut in prices. This lot is composed of Men's , La dies' and Children's Knit Underwear and any one that can be fitted can make a big saving in winter underwear purchases. LA I ) IKS' Lndics1 ivibbed Wool LADIES' COATS , Wo have hundreds UNDHUWKA Veals , Homo long and CAPKS AND upon hundreds of BOc EACH short sleeves some , ' SKIRTS Indies' sold ul $2.25 each , now frurihonls COo each. marked ut prlecH Ladles' While nibbed Cashmere Vests , Unit it will bo Impossible to duplicate some loni ; ami son'e short plecvps sold Inter in the season. The beauty of our at $1.00 and $1.2o each now We uach. cloaks Is that they will hoar homo in- A few Dr. Wnrnor'H Wool Combination SultH sold at $1.10 , and vests sold at s-pcctIon and every one sold is our boat $2.2 , " , , small sizes only no * ' Me each. advertisement , selling ns wo do Cloaks Ladles' lllbbcd Wool Combination Suits. in sixteen states , accounts for the fact mostly sliort sleeves , sold at $4.W per suit now 50o oacb. thatour stock is being renewed almost Ladles' Hlbbed Wool Drawers and TlKbts every week. sold from W.OO to $2.73 per pair now We per pair. FASCINATORS Wool Fascinators , in Ladles' Ulack nibbed Wool TlRbts , small sizes , mostly knee length , sold at $1.25 AND SKIRTS black and colors , at and $1.3.5 per pair , now COc per p.ilr. 23c , uOc and 7oc each. HOSIHUY-Umllcs' Fast Hltick Cotton Hose , -wltb double toe , solo and heel , Ie& Wool Squares In black ami white would bo Kood voluu at 2."ic , now ISo At ST. ? . BOc. COc. 73c , JMC , $1 00 , $1.23 , $1.50. a pair 3 'pnlr ' , Me. $1.75 , $2.00 , $2. fi , $2.f,0 $2.75 ami $3.00 each. Ladles' Hlack Kleece Lined Hose , with Ladles' Knitted Skirts , all wool , In Iibirk iMaco soles blgli spliced heel and nml colors , at $1.00 , $1.50 , $1.73 , $2.00 and double toe.s , 33o a pair 3 p.ilr , $1.00. $2.23 each. . CHILDREN'S Children's white wool , MEN'S Wear the improved Kniekor- UNDHIJWKAR also w h i t o merino FURNISHINOS b o c k e r Shoulder 25o EACH Vests , button down Iho Brace and walk up front , Hut < ? oods , sold right in life prices 75e , 81.00 and 3-1.50 from ( ! 0o to SI. 20 eaeh , now 2'c : each. n pair. Misses' flm > Ribbed Cotton Vests ami ' Pants , Rood Height , sold nt lOo and lien's Guyot Suspenders 30c a pair. FiOo each now 2"u each. Full line of Crown Mttke Suspenders at Children's Bcarlet Wool Underwear , 23c , Me , 73c , $1.00 and J1.30 a pair. Hinall sizes only , 23c each. " " The "MlKhmle" patent perfect tlttins un- One lot of Hoys' Heavy Cotton Ulbbed laumlered White Shirt , only $ l.OJ for Shirts and Drawers , sold nt 33c 40c mer 'price. ' $1.23. and I3o each now 23c ejich. Men's Natural Wool Underwear , good One lot of .Misses' Hlbbecl Fleeced Cotton quality COc . a garment. Union Snltt.sold at iJOc and COc uach , now 23c earn. Men's Fine Natural Wool Shirts and Drawers 73c and Tl.OO a garment. MEN'S This lot of Men's Un- ' Men's Sanitary Australian Wool , jersey - UNDLI1WEAH dot-wear is composed of ribbed , steam shrunk shirts and draw- C9c EACH natural wool , fancy era $1.00 each. striped wool and sanitary Fine Camel Hair Shirts and Drawers- tary wool fleeced jnirments that sold at $1.00 each. 51.00 , 91 .lr ! > nnd $1.50 per finni'iit. : ' lien's Dome : Flannel Night Shlrts-30c Also about two dozen of Men's Meilllcott each. Scotch Wool UndepA-ear , full regular inauV , Unit sola at $ : ! .00 per garment Men's Stnttgarter Sanitary all wool nnw C2c each. Night Shirts SJ.30 each , former price S3.CO. "LADIES' Ladies' I ? 1 n e k TI OUTS Saxony Kquestri- YARNS Wo carry a carefully select $1.25 PER PAIR cnnc T i ; j h t s , ed stock of Yarns , which closed , unklu are still selling at the did prices. "length , si/.e I ) only , sold in $2.1)0 ) per pair now $1 2 > per pair. ' Fleischer's German Knitting Yarn 25c Ladles' Black Silk Tights anil Drawer ? , per skein. unkle and knee lengths , gold at J3.00 4 skeins to the pound. anil JC.OO per ipalr now fci.OO per pair. Starlight Cashmere Yarn 33c Hkcln NOTIONS S p o c i a 1 attention is $1.23 Ib. of1 skeins. < per directed to our complete line of Dross Stuvs , Hinding Hibbim Starlight Knitting Worsted SOc per s'-teln * , $1.10 Ib. of1 skeins. Hone CashifT , Dross .Shields , and Skirt Bindings , in ftict cverythiii } ; in Dross Starllg'.H $1.30 per Spanish Ib. of S Yarn .skeins. 20c per skein Undines at very reasonable Drives. Saony Yarn lOc , 12'c ' , 13c per slceln. A larso assortment of Ulack Hubbor Dressing Combs at lOe. I3c , 20c , 23c , Wo work. carry Such some very line yarns for fancy SOc , 3Jc We anil 50c each. ns Flour de LIs Floss. Flno Combs at 5c. lOc , 15c and 20c each. Pocket Combs at 3c , lOc and 13u each. Lady Grey Yarn. Starlight Zephyr Shetland. GLOVES The finest line of Kid Astrakhan Wool. filovos in all the now Best grade of Angora Wool 12' nt , c and shades both in laeed nnd i-lusps also a ICc i > er ball. good Scotch wool bicycle or driving Ice Wool at lOc per box , large balls gloves for 60o per pair. 10e and ISVic. the question of materiality until the case was ready to go to the Jury , but would allow testimony regarding the approval of the bond to go In as evidence. The case has run along In that condition to the present point. "Now , we must know whether the approval of the bond Is material or not , " continued Iho attorney general. "If the court stands by Its early ruling wo are ready to rest our case , because the court has declared that the approval Is not material. If your honor has reversed his ruling and says that the approval IK material wu desire to know It In order that wo conform our conduct to the ruling. Wo wish you to say now whether the approval Is material or Immaterial. " HUIING OF JUIX3H I'OWRU. , , Judge 1'owell first answered to the charge mail a by the attorney generjl that the court had given the st.ttu to understand that It was of the opinion that the approval was not material. He bald : "I think the attorney general Is mistaken In stating that the court made any ruling on the question up to the tlmo that ex-Secretary of State I'lper went on the stand. On thu contrary , the court was careful to make no ruling on the question. The attorney gen eral Is correct that I Intimated at one time that I had a good deal of doubt whether the ( allure to approve the bond would avail the sureties as a defense. For that reason I was anxious that all the questions of law should ho argued eurly In tin case and I two or thrco times urged that this should bo done. Hut thu counsel on both Hides thought that this was Impracticable until evidence ad vanced the questions. "This question of approval came nquarcly leforo the court when ex-Secretary of State Piper was on tlio aland. I sustained the objections of the Mate to Introduction of the evidence on the approval and then rather strenuously Insisted that the question should bo argued. The argument took four days , nnd 1 spent nights and days In examining the authorities , I announced that I would allow evidence on the approval to TJO Intro duced , but I withheld my ruling on the question until tbo case would go to the jury , I cannot BOO timt either party has been prejudiced In this , At the request of the attorney general I will now pronounce my decision on the question. OFFICE : VMTUAM/V VACANT. "In view of the decision In the Lansing case , which has been cited , and the vwry mandatory character of the language of the statutes , the failure to approve the bond on or before January 3 , 1895 , U a very ma- j l terlal matter , and by reason of this I failure the olllco of state treasurer ( I became Ipso facto vacant and re- ; malned vacant until January 7. 1697. I think there 1s no racano from that under our very mandatory statute. I know of no other sUtuto and none lias been called to my attention during the argument In any elate where the language used 4s nearly ad Irony us In tlut of our own. Is that rlear enoughT" "It Is clear enough , your honor , " answered Attorney General -Smyth , "but what effect lias It on the bond ? " "It has this much effect , Without expres sing any opinion as to whether , If the waiv ers had been Introduced In evidence , the bond and those- Instruments would have bound tlia sureties , I certainly think that the Etato cannot recover on the bond. " ' "Will your honor please give us until 2 p'clock to determine what course to pur- sue ? " then requested Attorney General Smyth. The request was granted and an adjourn ment was taken until afternoon. HULKS OUT THfi WAIVERS. When court opened yesterday morning Judge Powell Immediately announced his ruling upon the argument of Thursday after noon , when Attorney General Smyth made another hard effort to Introduce the Imgortant waivers of the six original bondsmen In evi dence. The 'court would not permit the docu ments to bo Introduced , speaking as follows : "As I have said before , this evidence on the waivers Is of the greatest Importance and It ought to be before the court and the jury. Hut I am equally convinced that It cannot be Introduced under the pleadings. It Is not only Improper rebuttal , but It IH hJt consistent. It Is absolutely contrary to the allegations in the petition. " As soon as the ruling had boon rendered the Jury was once more called Into the court room. Attorney General Smyth and Governor Holcomb spent some moments In consulta tion before the former proceeded again with the case. This conference was In preparation for another attempt on the part of the attorney general to get the waivers In evidence , for the purpose of completing his record , It was stated. Governor Holcomb was called to thi' stand. GOVERNOR HOLCOMI1 CALLED , . "You may state. Governor Holcomb , what It was that Induced you to wrlto your ap proval on the bond ? " the attorney gen eral asked. An objection to the question was BUS- tallied In accordance with the rulings of the court. Attorney General Smyth then followed with the question : "What did you rely upon In approving the bond and In permitting Hartley to ru- malu and continue In the olllco of the state treasurer and to enjoy the emoluments and rights of the olllco ? " This question was also ruled out. At torney General Smyth then made a couple of offers to show what ho Intended to prove by the questions and the governor. This was that the governor relied on the waivers when he signed the bond on January 9 , 1893 , and that the waivers Indicated that the bondsmen knew that the bond was not signed on the statutory date. January 3 , 1895 , and waived that Irregularity. The attorney general also offered again In evi dence the waivers and thu approval of the bond , and the proceeding was again denied. He then entered upon the records another offer of 'what he Intended to provo by the documents , which were much of the same tenor as the others. In addition , however , Iho attorney general laid some of iho blame for hU failure to get the waivers In upon the court. He stated that when ho offered the bond In evidence ho attempted also to Introduce the waiver * and tha approval , but was prevented by the rourt rustalnlng an objection from the defense. Judging from this ruling that the court did not consider the approval and the waivers nec essary evidence he closed his care with out trying to get them In , Ho therefore made the request that ho be allowed to reopen his case In chief In order to Intro duce the Instruments , which request was denied. GENERAL COWIN OIUECTS , General Co if In objected to the latter part of the offer , on the grounds that It did not relate the correct facts regarding .tho pro ceedings of the court. Judge Powell only temporarily ruled the waivers and approval i out when tin bond was presented , holding his final ruling until thi ) case developed. Attorney General Smyth , however , made no further attempt during his case In chief to get the Instruments In. Th ? objection was sustained. With this , Attorney General Smyth gave up all further attempt to bring the waivers before the Jury. He proceeded thn to rebut the defense of Mary Fitzgerald , that she was Insane over the death of her husband , 111- i : ness of othfr members of her family and the j ' mysterious absence of her son at the tlmo 1 she signed the bond , and was therefore IP- j 1 gaily Incompetent to sign HIP Instrument. I j Dr. Goarg' Tlld n , cominlsahncr cf Insan t/ I for the county , was the first witness called to the stand In rebuttal. To him Assistant Attorney General Smith read n long synop sis of the condition of Mrs. Fitzgerald and | the circumstances surrounding , as disclosed j by the cvldencj of the defense , nnd asked the witness If the woman was. In his opin ion , Insano. Dr. Tlldcn answered that In hu opinion she was of sound mind and sauc. KIRKPATR1CK SAW THE 110NI ) . During , the cross-examination , General Cowln assumed the part of an actor for the benefit of the jury. In his questions he re cited In very plaintive terms the grief of the woman over the death of her husband , her worry over her son's absence , thinking he might be killed In a wreck , and her other griefs , and then In each caao wound up with emotional stress : "Do you think that a woniin under such circumstances Is as capable of transacting business as It her life was all sunshine ? " The physician would not answer directly yea or no without an explanation. He Hald the woman might be troubled with an emo tional trouble and still have her Intellectual faculties unimpaired. J. S. Klrkpatrlck was called for the tnvoso of rebutting the testimony of ex-Secrotary of State Piper and his deputy , Evans. The former bad testified thaf. Governor Holcomb had nt once lunJed back the bond to Hartley on January 3 , 1S95 , without filing It. The latter testified that the bond had not been Iliad until .iftcr Jan uary 3 , 189 , " > . Tno witness swore that at 11 o'clock on the nlglil of January 3. 1S95 , ho had exam ined the document with Governor Holcomb. To the best of his recollection the endorse ment was on the back , showing that the bond had been filed on that day. STATE OFFERS INSTRUCTION'S. When court reconvened In the afternoon the court room was crowded , the crisis In tliB casa having become noised about. At torneys In considerable numbers were pres ent. As soon as Judge Powell was seated Attorney General Smyth announced : "We rest , " your honor. The defense also stated that It had no futthcr evidence to Introduce and the Jury was once more called Into the court room , Hut Attorney General Smyth had not yet given up and presented some Instructions which he wished given to the Jury and In sisted that he wanted to argue on the mit- ter. The jury wjs ngaln excused from the room. The Instructions offered by the at torney general were as follows : "You are Instructed th'at If you find from a preponderance of the evidence that the bond sued on was delivered by the defendant Hartley to the secretary of state and by him was filed on January 3 , 1893 , and afterward , but on the same day , was delivered to the governor of the otatu for the purpose of hiv ing the Eamo approved ; that the governor retained possession of said bond for the pur pose of examining the sufficiency of the sure ties thereon nnd returned thereupon said bond to the secretary of state's possession , where It remained until the end of Hartley's term of oHlec on January 7 , 1897 ; that the said Hartley , claiming under said bond and his oath of onicc , tiled January 3 , 1893 , as well as by virtue of bis election by the people of the , state , to bo treasurer de jure and OR such continued Ira the otllce of state treasurer , enjoying the emoluments and perquisites thereof until January 7 , you are Instructed to llnd that he and his sureties are estopped from denying that ho wsi * de jure treasurer and from denying their liability on the bond unlcs ! ) you further flrd that the defendant , Mary Fitzgerald , was at the time she signed the bond of unsound mind ; In the letter event yon will find in favor of the defendant , Mary Fitzgerald. " SMITH MAKES A PLEA. Attorney General Smyth argued in the samp tenor -as the Instructions read. He was followed by Assistant Attorney General Smith , who devoted his remarks largely to commenting upon the attitude of the court. Ho said that it was a remarkable coinci dence that on June 22 Hartley was convicted of embezzlement and that four months after ward to a day In a court room across the hall a jury was to be Instructed to return a verdict declaring that he did not embezzle the funds. Ho did not pretend to say which court was right , but he could not understand how they could so differ. In the room In which he was now standing the court hid decided that , notwithstanding that Hartley had occupied the office and held It for two years , yet because- the governor failed to write his approval on the back of the bond the olllcc became vacant and Hartley was not responsible for his . .actiIf the office was vacant Mr. Smith could not s > ee how In the court room across the hall Hartley had been sentenced to the penitentiary because be had been charged with the safe keeping of the sMte's money and had failed to keep it safe. "in order that all who run may read , " shouted Attorney Smith , "I think your honor should supplement your Instructions as fol lows : That , notwithstanding Hartley took of- flco and offered a good bond , yet this court holds that he is not liable because Holcomb did not write something on the back of his bond. It is a perversion of the law to say that. " POWELL GIVES AN OPINION. The defending counsel said nothing when the state's attorneys had concluded and Judge Powell then refused to glvo the Instructions to the Jury , speaking aj follows : 'It would serve no UHful purpose to ngaln review this question of law which baa been discussed o many times during this trial. It Is the law of this Htate , an provided in section 13 , chapter x , of the Compiled Stat utes : "If any person elected or appointed to any olllce shall neglect to have his official bond executed aud approved ua provided bv law nml Illed for record within the time limited , ( which In this case was January 3. 1S3) ) . by this act , bin otlleo nhall thereupon Ipso facto become vacant , and such va cancy shall thereupon , immediately bo filled by clP-tion or appointment as thu law may direct In other caws of vacancy In the same ollice. " This , It Heems to me , Is i > o plain that ho who rims may read , anil that no person who can read ought to misunderstand , es pecially when Piipulementfd bv the decision of our supreme court In the Lansing case , which reads * In part IIH follows : "It will thus bo Keen that the overwhelm. Ing weight of authority , under statutes much le n mandatory than our own , la to the effect that where n time la prewrlbed within which ono In order to lie Inducted Into an oltlco must take the oath or file a bond , the taking of the oath or the filing of the bond Is a ; condition precedent to the right to enter upon the olllce , and that the right Is absolutely lost by a failure to per form the conditions within the time limited. \Vu therefore think that whether the result A LITTLE SUFFERER Face , Hands and Arms Covered With Scrofulous Humors How a Cure Was Effected. "When flvoyears old my llttlo boy bad Bcrotula on his face , bands and arms. It was worst on bU chin , although the Bores on bis cheeks and bands were very bed , It appeared In the form of rod pimplea which would fester , break open nnd run and then scab over. After disappearing tboy would break out nu'nln. They caused intense itching end tbo little sufferer had to bo watched continually to keep him from scratching the sores. Wo become greatly alarmed at bia condition. My wife'a mother hail had bcrofula and tbo only tncdicino which had belpd her was Hood's SarnaparlHa. Wo decided to give it to our boy andwo noted an improve ment in hii case very soon. After giving him four bottles of Hood's Sarsoparilla tbo humor bad all been driven out of his blood and it has never nlnce returned. " WILLIAM IUUTZ , 410 South Williams St. , South Bend , Indiana. You can buy Hood'o Bareaparilla of all druggists. He sure to got only Hood's , u ! raillrcureUvcrllUjcaiytoUke , „ - nOOCl S 1J111S wiy to titrate. ceiiti. [ | bo reached Jiv n rrvlew of HIP authorities or by an f pL Hon. of the statute Itself. our Hplslntme hag declared In unmls > tak- nblo tenni fVufwherp an olllclnl bond H required It m\u \ bo n | . < 1 within the tlmo provided by laU-l ami that Its mini ? within tlmo Li n condlfjl.n . precedent to the Induc- ! Injr Into ofiirr 01 the person elected. U" tlo not wish to bo understood ns nut-stlonln ? tbo propriety of those derisions which hold pri.vlsi ms of the general char acter referred u rtlrectory rather thnn mandatory , ivvlrfn- the Innguasre Is ambig uous or falrty Susceptible of that Interpre tation. \\e-ar * , however , compelled In order tto avoid Judicial legislation , to rearh the rotfliinon already Indicated In thi * rase. \ \ bother or not the law la wise Is u qnfitlon WUtr which the court has nothing to do. The leulslnture has declirc'l It , Its coMHtltnumuillty bus not been ques tioned. nnd 'Mil1sole olllrp Is to determine the legi'latlylatent. . The consequences are matter * for legislative consideration and not for the ronslderatlon of the court. " SIMILAlllTY IN OASES. That ( the Lanslnir case ) wns n onse where the particular Infirmity allege 1 war a failure to file , the bond In time. In this case that same que tlon Is urged , nnd ns to that particular fact thr-rc l < some room , per haps. for dlppute under the testimony , and It mlfht lip In point were It not for section 11 of till"ame statute which says : "The approval of onch ofllclal bond shall bo endoiwd upon such bond by the olllcer approving the same , and no bond * * shall bn flltd and recorded ttntll so approved. " under thli section of the statutes U mat ters little whether Ibis bond was taken la the olllce of the secretary of state on Janu ary 3 , endorsed as tinvtni ; been filed nt that lime , nnd then taken from that olllce to the governor for his approval. It ) being an nndl-puttd fatit that this bond wan not approved until' the ! ) th of January. It ls > mnnlfestly Impossible In the face of this statute that It could legally have been filed prior to tbatj ( late. ' Tills court would RO to nny length con- s'stcnt ' with what It conceives to be Itn duty to save the state or nny oth"r person Iinrmles3 urho'reeelved a bond conditioned for the performance of any duty , but It Is not the province of this court to nvike lawr , nnd under the law a. made by the legislature of the state of Nebraska and construed by the supreme court 1 can see but one thing for any district court to do , and that Is to . nv Hint In this caw tlieie having been no approval within the time iirerrllH > d by law. that the re could be no le.ral Illlng. DISMISSES WITHOUT PREJUDICE. When the court bad completed , Attorney General Symth said : "I move to dismiss this case without preju dice. " The court responded that It was his privi lege to do that , alvl for the. last time the Jury wjs brought into the court room. The court dismissed It with the following words : "Gentlemen of the jury , the state's attor ney has seen fit to dismiss this case without prejudice , as he has a right to do. This action Is therefore dismissed and you are discharged from further consideration of It. Yon luvo borne your confinement with cheerfulness , and I have heard none but the best reports of you from the bailiffs In clrirge. The court therefore thanks you. " A number of the jurymen responded , aud the whole number left their seats with alacrity and smiles on their faces. They had bren In confinement since October 1 , the work of empanelling the Jury having been begun on the day before. At the conclusion of the case Attorney General Symti ! said that the case would bo tried again during this term of court. Ho will at once file a new petition , which will set up the 'allegations ' In the amended petition he offered , and will Include the wa'lvcrs of ( he qlx. original herdsmen. He Insists that Iris his right under the statutes to call any state case to the head of the docket , and Jio will avail himself of this privilege to lave t io new trill occur during the present te fno court. < : i\ . MI i.us itiniiTs ins itni-tmT. CnitintiMiil * Klllrlrnry ( if Army niitl .MllliCH Itt'COIllllK'lllllltloilN. WASHINGTON , .Oct. 22. General Miles , major general commanding the army , has made his report tcmho secretary ofvar. . In It he makes reference to reports of the gen eral and otheroh1c ° rs' subordinate to him In rank. General Mllns says in part : _ , "Tho army.lalthfcugh Inadequate in point of numbers , was never in a higher state of efficiency , both as Co character and qualifica tions , f > l Its officers and Intelligence and ' ' " loyally of Its' " Ab'lfllers. The ! progress that has been maclo on the Pacific coast In the establishment of modern batteries of artil lery have made It necessary to occupy new ground and to adopt a new system of de fense. The very commanding position known formerly as Llmo Point and now as Fort Baker has received a portion of its arma ment and will soon become a mpst formidable part of the defense of the harbor of San KrJti clsco. "It will be noticed by General Shaffer's report that very active and earnest work Is being dene In putting the Important fort In condition of proper defense. The same work Is In progress all along the Pacific cmst and especially at San Diego , Cal. , and will In time be completed at the mouth of the Columbia rlver and alsa the entrance to Puget Sound , Washington. "Attention is also invited to the report of General Merriam , commanding the Depart ment of the Columbia , especially to the Im portance of a larger garrison at the entrance of the Columbia river , Oregon , and to his report en the condition and necessities of the great territory of AlaskJ. As all the other territories have been oc cupied by mllltiry posts and appropriations have been made for military roadi ? and es tablishment of telegraph lines , bridging of rivers and , in fact , aiding and blocking out the way for occupation of the vast territories by citizens , it is deemed but Just anj advis able that the same liberal spirit should be manifested toward that great and Important territory , "As far as practicable It would. In my opinion , bo advisable to have Its waters thor oughly examined by such of the naval forces as could bo used for that purpose , and as military reconnolterlng and exploring par- tics In past years have been sent Into the country to furnish knowledge of Its charac ter , resources and necessities , this , In my Judgment , should be continued on a larger and moro liberal scale. While there la now no conflict between the population composed of some 20,000 Indians and the \\hlte ex plorers and settlers , as the former are sup plied with modern arms , they may become turbulent and troublesome. Such has been the history of nearly all the tribes in other territories. Hence It would bo but rrasJii- ablu to anticipate the necessities for mili tary forces In tlut territory by the estab lishment of at least three military posts to support the civil authorities , to glvo protec tion to the white settlers and to aid In main taining law and order in that remote part of our country. "Tho condition of the Indians generally Is better today than It has been for many yeirs , and during the last year t'.iero . has been no serious disturbance of the peace. It was a wlbo provision of congress that au thorized the president to detail experienced officers of the aViny'to ' act as Indian agents , and I trust this tyitem will bo continued. "During the last ton years much attention has been given , by the government to the subject of coast , defenses and most beneficial results are now becoming apparent. Approxi mately | 2G,000OdO have been appropriated by the government'Which ' Is one-third , nearly - of what Is required11o put the country In a safe condition of defeuso. ! Although the general dealro of our pqpp'8 ' Is to maintain a condi tion of peace with filiations and the policy of the government Is one of god will and peiceful rclatlons' ) 1tth all others , yet noth ing could bo mdj-e Injudicious than to re main In a condition 'of Insecurity and permit the lives of millions and the accumulated wealth of many gelations to be destroyed or endangered py uM foreign power with which we are ! $ , , come In contact. " " ' He recommenijs/"fprin'catlon } appropriations In the southwest as follows : Approaches to Mobile , Ala. , $307,000 ; approaches to New Orleans. $319,000 ; G lveston , Tex. , $112,000 ; San IJelgo , Cal. . $725,900 ; San Francisco , $1,330,000 ; Columbia river , $005,000 ; Piiget Sound , $1,140.000. He recommends strongly an Increase In the army of at least two additional regiments of artillery , saying tlut by the 3M of De cember1 a number of positions will bo armed In part or fully with modern ap pliances of war and that In these Important positions there are no troops stationed and none available for as signment to those positions without tak ing them from other stations where they are at present Imperatively required. He aluo urges the neceoilty of adding five Infantry regiments to the army and recom mends that congress fix a standard of utrengtli on a basis of total population. Tills standard , ho thinks , should be a maximum of one enlisted man to every 1,000 population and the minimum one soldier to every 2.000 population. IMPROVING POSTAL SERVICE As3istnnt Fostmnster General Heath Submits His Annual Ropott. POINTS OUT WHERE MONEY CAN BE S\V D ' > < < Hural llrllvory Outf ( lie Cinn- llIB Dell ! It Illl * f < ' S.VMltMIl Ynlniililr MntlnHi's roil- St-rvloc. WASHINGTON. Oct. 22. The report of First Assistant Postmaster Ociieral Perry S. Heath for the fiscal > CJr ended Juno 30 was nmdo public toilay. Tito following la an abstract : Special attention Is called to ( lie necessity of additional facilities for the division of salaries nml allowances , but above all other recommendations Is placed one making pro vision for a small corps of special agents about ten uo ore expert accountants fa miliar with real estate valueo , to inquire In the Held Into postmasters' requisitions and demands , nmt to reach a Just ascertain ment of merit In such purely business mat ters as cannot bo obtained by corrtttpond- cnce. There should also be fixed a more sovcre penalty for the punishment of post masters who peddle postage stamps with a view to Increasing their own salaries4 . 10- suiting In the diminution of thu net receipts of the government. Authority should bo given to secure icascs of postofllco stations for a period of llvo instead of ten ycare. So much Is gained by our recent policy of consolidation of postolllccs ami the estab lishment or extension of the free delivery that I urge such action by congress as will glvo greater latitude of discretion In the use of specific appropriations. Two assist ant superintendents of free delivery system have been appointed , one to be located at Now York , and the other at Chicago , with proper plenary powers and primary Jurisdic tion. ' On July 1 there were 3,733 presidential postolllces , embracing Ifi9 first-class , 750 second clpss and 2,811 third class. Thi ? net Increase for the year In the salaries of the postmasters at these olllci'i Is $ ! > 7,600. Their aggregate salaries arc $230,800. With the consolidation of the present Independent postofllces within the limits of the new city of New York a saving of at least $ fi2,723 In salarlrs and commissions of postmasters will bo effected. Another considerably reduction In expenses may be made by the merging , or thu abolishment , in many cases , of the several heads of divisions and other officials receiving the higher salaries. Congresi should not only repeal the law providing that no postofllces established at any county seat shall bo abolished or discontinued by reason of any consolidation of postolllces under the existing law , but should also au thorize the postmaster general to extend consolidation wherever , In his belief , the service may be thereby henelltpd. ESTIMATES FOR NKXT YKAU. The estimates for the fiscal year ending June 30 , ISM. embrace $1G,2)0.000 for com pensation of postmaoters ; for clerk hire , $11.300.000 ; rental and purchase of can celling machines , $125,000 ; rental , fuel and light , $1,750,000 ; miscellaneous items and furniture , $200,000 , and advertising , $20,000. A plea is made for the purchase of the postal stations In the larger cities and that for the rc clasS'lflcallon of postofllco clerks renewed. The estimate for the free delivery service for the fiscal year ending In June. ISO ! ) , is $13,810,100. Since the close of tin- fiscal year , Juno , 1897 , the service has been established in more thar , forty offices and before the clcso of the current year all ofilccs entitled to the service will receive the same. Domestic and Intcrnatioral money orders -Issued aggregated 2G,113,240 , , amounting to $188,071,050 ; aggregate number of payments and repayments , 25,550,586. amounting to $1S0.141G80. There were 5SG7.nCO pieces of nrlglmil unclaimed matter received : it the dead letter office , a decrease of 27(5,403. ( The special letter ami collection boxes jperatcil In lialtimore In connection with the public street car service is held to bo suc cessful , and when appropriations permit will be extended to other cities The affixing of letter boxes to the ordinary street cars to facilitate mail collection Is also to be taken u : > The total appropriations made by congress for overtime claims of carriers up to date aggregate $2,820,000 , Total claims allowed on this ratio will reach $3,500,000. Rural free delivery has been put to the test of practical experiment in twenty-nine states ar.d over forty different routes. The co-opciation of the communities served has in every Instance been effecli\cly given. The generally satisfactory results suggest the feasibility of making rural delivery a per manent feature of postal administration In the United Status ; not Immediately or In all districts at once , but in some gradual nivl graduated form regulated by the present experiments. Public policy requires some advancement to 'be made and that the postal service should be brought more Into line with advancing prosperity and Increasing popula tion. Sooner or later the United States will havu to follow the lead of the more densely populated countries and establish a delivery service over all the settled portions of the vast territory. Under wise restrictions It can bo extended with great advantage to a class of our citizens who rightly or wrongly deem thomselvca neglected In legislation the agricultural claos end without serious detri ment to the revenues. OX HI It VI. KIIKI3 MAI I , I ) 13 U V12 KY. Ili-ndi MiK < 'M a I'llvornlile ItX > rl oil till' KviHTlllK'll till. 'ICITlirtN. ' WASHINGTON , Oct. 22. ( Special Tele gram. ) The report of First Assistant Post master General Heath , which was made pub lic today says that the rural free delivery In connection with the postofllce at Tecumseh - seh , Johnson county , Neb. , is a SUCCCFS. There are four carriers In service at salaries of ? 300 per annum. Service was established November 7. 1836. The population served la 700 and the area covered Is thirty-two fsquaro miles. Each carrier travels about twenty miles each day in making deliveries. I'Yom date of establishment to Jhly 1 last 2GC5ii pieces of mall were delivered and col lected. In summing up this service Mr. Heath says : "Ncmaha township , Johnson county , Neb. , In which the rural free delivery was Inaugurated last year , Is one of the most populous districts of that great agricultural state. Kach of the four carriers who start from Tecumseh postofllco , make thulr dally trips of twenty miles or more , supplying about sixty families Only favorable reports are received of the service and of the co-operation of the farmers In making it a success. " In the service at Morning Sun , In Louisa county , la. , four carriers were employed. The Dervlco was established November 10 , 1KOC. and 4C.043 pieces of mall were deliv ered and collected up to the date of report at an nvrrago cost of 1.35 cents for each piece. The report saysi "Morning Sun Is a village of about 1.000 Inhabitants , surrounded by an average thrifty farming community. The territory reached extends five miles north , three and one-half miles east and south and four miles west over roads which are exceedingly heavy In wet weather. Koiir carriers are employed , each traveling an average of twenty-three miles a day , occu pying from five to six hours. The entire territory covered is about twenty square miles , A number of farmers' houses In this part of the state are from a quarter to half a mlle from a public highway. In order to make the experiment a success It was. therefore , necessary to enlist the active uld of farmers In erecting boxes by the roadside. This they have done , and express them selves much gratified with the service.1 An additional rural route was established I Natural Coffee ] Is niiiilu of Kn.ins. I POSTUffl ' ] ] Is recommended PHYSICIANS. | 'Una Wtft5 vZrZ t New Providence , IlarAIn county , In the central portion of the state In September , 1597. No report Is made of this service. HKI'OHT OF AI.ASICVS < ! ( ) VI'.HMMI. .ToIIM ( J. llriuly TvlU iif llpuniirron of ( lie .Northern Territory. WASHINGTON , Oct. 22. The report of John G. Urady. governor of Alaska , for the Iftet fiscal year has been submitted to the secretary of the Interior. It establishes the present population tat 30.000 natives and 10.000 whites ; predicts that with reindeer transpor tation ir.nlls can be sent nil over Alaska dur ing the winter and recommends that $100,000 bo appropriated for government buildings nml $00,000 tor schools. It says nothing lias so retarded Alaska's substantial growth as the helplrr-sncss of settlers to obtain titles to their homes on account of the failure of congress to extend the general land laws nml urges congress to create a commission of five one senator , one representative ami three bona fide Alaska residents to codify Laws for AUska. The secretary of the treasury Is urged to confine the hunting of sea otters to the natives , for , "If the white man Is not shut off at once the Aleuts will have to bo cared for by the government. " Reviewing gold operations , Governor Urady says : "Shipload after shipload of gold peek- ors arM their freight has been rushed to the extreme limit of salt water navigation ( Uynti canal ) and there they have been literally dumped on the beach , some above high water and many below , as they learned to their sorrow row when the water covered them as they slept. The gold seekers have had a terri ble time , but they are brave and started out to endure hardships. As a cla s they rank far above the average manhood of the coun try. Lumber Is In demand and lots are sell ing as high as $1,500. Americans are anx ious to secure a route to the Yukon which shall be entirely upon United States terri tory. Different parties arc now out and are carefully examining the mountains between Ynkutat and Cook Inlet. This Is the third seai. > Dii of the work In Cook Inlet. The ex citement over the Klondike has drawn many away from that district. Nevertheless the output of gold this year will be no moan sum. The possibilities of the whole region bordering upon this Inlet and upon Prince William Sound will draw crowds of Adven turers In the near future. " xi2\v iiKsicrvs nut IMPISH MOXHV. I'lliii Which Will Prevent ( lie HuNliiK of Voex. WASHINGTON , Oct. 22. The cabinet ses sion today was very brief and devoted to de partment matters. Neither foreign affairs nor the Union Pacific foreclosure sale was dis cussed. Secretary Gage presented the ques tion of the advisability of a reform In the designs of United States psiper money. There are at present In cirrenl < tse thtee classes of government paper money silver certifi cates , treasury notes of 1890 nnd Unilei States notes or greenbacks. In each of these classes there are nine denominations making twenty-seven In oil , each being rep resented by a special design. Sccretnrj Gage's plan Is to have one design for the three $1 notes , anothe- for the $2 and so 01 up to $1.000 , the highest. In order that the three classes of paper money may be readily distinguished the seals and the numbers in each class will be prlnte. In distinctive colors. The secretary urguet that the new designs would In a great me.is tire prevent the raising of notes , as the dralgn would at once Identify the denomina tion Independent of the numerals. The secro- tay : had with him at the 'Cabinet meeting samples of the new designs and all of tin members present expressed themselves as highly pleased with the scheme. Without something unforeseen occurs to prevent this plan will be tarried out as soon as the plates can be prepared. lieforo tuo cabinet meeting o.i-Sceretarj Carlisle saw thu president , but would not say anything concerning the object of his visit. Senator Ilacon of Georgia saw Hit yesident and urged the pardon of Louis Red- wine , formerly cashier of an Atlanta bank now confined in the Columbus , O. , peni tentiary. CAMHUATliS KOK TIIM DKCHI2I2. Tin-He Will lie Allowed to TllKe ( he Seotl Il Illlc. WASHINGTON , Oct. 22. The supreme council. Scottish Rite 'Masons , passed favor ably upon the nomination of persons for membership In the thirty-tiilrd degree , among the number being the 'following : Kansas Homer Caleb Bowman , Thomas Wcntworth Harrison , Charles Gilbert Col- burn , Topeka ; George Lee Pratt , Thomas Fitch , Samuel Harvey Homer , Henry Wallen- steln , James A. Conley , Wichita. Nebraska Henry II. Wilson , Gustav An derson , Marlin Dunham , Lucius Richards , Claude Loraln Talbert , Omaha. South Dakota 'William ' Henry Harrison , Hcadlc ; Frederick Adolph Ilrecht , Oscar Sherman Gilford , Yankton ; Edward Tare Taubman , Aberdeen. Wyoming Senator 'Clarence ' D. Clarke. Iowa George Martin Curtis , Charles Franklin Cuitis , lienjamin Smith Woodward , Silas Wright Gardiner , William Perriiio Wat son , Clinton ; John Coggeshall , Macy ; Fer nando Alanzon Perceval , Albert Head , Dra .Molnes. POSTPOXHS HXCHAMJKS OK Tit OOPS. Clnelnniitl OijeeH ! ( lo ( lie Itemoviil of Slxlh Iiifiinlry. WASHINGTON. Oct. 22. The heavy pres sure brought to bear upon the War depart ment to prevent the removal of the Sixth Infantry from Fort Thomas , near Cincinnati , has had the effect to postpone for a time the projected exchanges of stations * of troops. The -department has been urged to allow the Sixth to remain near Cincinnati until next August , when the Grand Army oftho _ Republic encampment takes place. Sec retary Alger intended to place those troops In Texas , in consideration of the fact that they had been seven years at their present station , while the Twenty-third Infantry , which was to take Its place , had been for about the same length of time at Fort Clarke In Texas. The Eighteenth Infantry , which Is dlrtrlbuted between Fort Hllss andl Fort Sam Houston In Texas , has been even longer In that country , their detail running back nine years and three months , so Secretary Alger is about to bring them lo Jefferson barracks , near St. Louis. Aii | < ) luiineiiH l > y the Pri'Mlileiit. WASHINGTON , Oct. 22. The president made the following appointments today : Consuls John Howcll Carroll of 'Maryland ' , at Cadiz , Spain ; C. I ) . Harris of Indiana , at Lagasalll , Japan ; William Wallace Mills of Texas , at Chihuahua , Mexico ; Oscar F. Wil liam of New York , at Manilla , Philippine Islands ; William Martin of New York , at Chlng Klang , China Inluii ] Agents John H. Sutherland , at Wlilto Earth Agency , Minnesota ; John W. Harding , at Yankton Agency , South Dakota. Colonel Peter C. Halnes , corps of engi neers , U. S. A. , to be member of thu Nic aragua canal commission. Robert C. Schpnck , to bo assistant pay master In the navy. Drnli-H She UIIN Ahillelld-il. WASHINGTON , Oct. 22. With reference to reports to the effect that ex-Queen Lllluo- kalanl had formally abdicated In favor of her niece , Princess Kaiulanl , the cx-qucein In person gave to n representative of the Asso ciated I'rcss the following authorized state ment : "There Is no truth in any report that I have abdicated. No official action has been taken during the meeting of Kaiulanl with me. The question of politics did not pass our lips. Kaiulanl came from New York to see mo before going to San Francisco and left this afternoon for San Francisco. Such reports are spread by my enemies with a view to injurlngjiie. Jl ii ne ( n ry Co in m I NN | on , WASHINGTON , Oct. 22. The monetary commission today adjourned until November 2 next. It is understood that a practical agreement has been reached as to the gen eral ouillneii of a plan for a reform In the currency , and that soon after It reassembles It will preparu for the public a statement of Its conclusions. The nature of tha ! state ment had not been made public. I'nlcnl" fur \VeMlorn invcnor . WASHINGTON Oct. 22. ( Special. ) Pat ents have been L-sued as follows : Nebraska Frank T. Clark. Omaha , deliv ery elip holder ; Harry B O'Neill. Omaln. blank for commercial report * . Iowa Nlclio'ia ' Iray , Dubuque , range i Under , Thoniav F. GllcbrUt , Oikolocaa , bevel } square and protractor ; Allen Johnston , 01- tnimva , means for securing attachments to sowing machines ; Truman M Paddock Per- rival , machine for tapping sorghum ; Jained C. Perkins , Inwood , roller attachment for sleigh : : Alfred H. Se.iy , Leslie , woven lro slipper ; Reuben O. Sttltsmnn. les Molnes. portable newspaper cabinet ; Thomas \ Trent. Jr. , Osccola. typographical adding ran chine. Stir * e > Inur the .Seal Inland * . WASHINGTON. Oct. 22. Oer.eral DufflcM of the Coast and Geodetic survey has received word from the I'rlbylolt Islands under date of September fi , which Indicates that the party now engaged In the suivey of the seal islands , littler the direction of his KOH. will complete their labors this Reason. The in formation was that the survey of St. IMul s , Walrus and Otter Islands and their rookeries had been finished , leaving St. George the only Isl.ind at that date unsurveyed. Dully rreiinur.v Slueditent , WASHINGTON , Oct. 22. Today's state ment of the condition of tli treasury shows Available rash balances , $209,8S4,3tG ; ; gold reserve , $161.663.489. Xorth rnrollmi llauk 1'it 11 lire. ASHICV1LLK. N. C. , Oct. 22-Tr-e Niitloiml bank of Ashevllle bus closeil ls : doors. No statement hna yet been made. A run began at oneo on the Unllery Purk bank. I'p to 1 p. in. , however , more money hud been taken In thiin paid out. The llattery Park b.ink hud ST.VOOO rash at the hist report nml that ( iimnim win now be p.tttl out lieforo eloslng time The bank will have eas.i tomorrow. Woman is never in so great ami sn real danger as she is when she neglects to take proper care of heiself and take the right prec.v.itions il n r i n K i the period preceiliugJ motherhood , If she I is s it ffe r i n K from ' weakness nnd disease of the orpaus dis tinctly feminine , and neglects to take the needful remedy , she is runtime ; the risk of great sufTcrint ; , the loss of her baby , and possibly the loss of her own life. This is a cre.it and unnecessary risk to run. lly tak ing the proper precautions during the ex pectant period , she may avoid the usual dis comforts , and make it certain that the coming of baby will be safe and easy with out danger either to the mother or child. The best of all medicines at this critical time is Ur. 1'icrce's 1'avorile Prescription , it cures all forms of weakness nnd disease peculiar to women. H does away with the nausea of the period picccding motherhood , It makes parturition easy , painless , and free fiom danger. Yon can get it at the dtug stoie. If you want to know more about it , write to Dr. R. V. I'icice , chief consulting physician to the Invalids' Hotel and Sur gical Institute , Buffalo. N. V. Mrs. linima Crowdcr , of Anthosloti , Hcmlcrwi Co. , Ky. , writes : " I was once n sitfU-rcr Iroin fe male trouble. Have liccn iisingjour medu-im-s for it ami have been nhnost entirely cm cd I c.m truthfully say that one bottle of your M'avorite Prescription ' did me more good tlmii our family physician did iu six months , lie attended mo for"womb trouble previous to the commencement of taking your medicines and following your ud- vice. It is now my firm belief Hint I would have been cured years ago if I bad taken your med icine sooner. To further eulogize the good merits of your medicines will say that before tahimjyour med icines I bad miscarried twice , and since takiin ; it h.we ji'veu birth to a fine benliby boy who i.s a pride of the household. Ilesides this my monthly periods used to tie accompanied with terrible mills and imen&tneiu aud crampj , and your medicines cured that. " Dr. Picrcc's Pellets cure Constipation. lit Pictures Now Ready Brine 10 cents to The Bee ollice , either in Onmhu or Council 131 tiffs. Mailed to any address on receipt of 10 cents in coin. Mrs. fVlnslow'8 Soottiniff byrup IIDS been uic-il for over CO years by millions or mnilicrn fur their children wlillo trellilm- with pcifcct e-ic. cfst > . It tootlirs tile -mm. joftetis HID ( Tumi , allays all pain , cures wind colic , nml i.s thv but remedy for Dlarrliotn. HeM by OniKeUtH In every part of the wcrlj. no sure unU nilc for "rMs.VInaloWn Boothlnff Bynip" and UUo no other Itlncl. ! 5 cents a hottle. AM USK.I ic.vrs. * I'flxton & llurqosf , Mnnniori , lulepliono 1010. TODAY 20. ! } ' Ahslsterl liy MISS 110SI3 M. 11KIMC , AI/I'O , of Munich. rVmdueleil by Kit AN 7. ADHMl.t.VY. Prices 2."x : anil Me. . Telephone 1 : > I1. iMTl'orinniK'cs only Sunday Mutlnco . filfl t A Sniidriy livening . UW i ( L41 Hutnrn of the l.inghing Hiirri- TI1I3 ONI.V OHIOINAI , OLE OLSOH With the great Uleyrlo Jl.icj F.'iitura JOHN I.AWSOW "The Tuivlble Swede- . " Prices pa. r,0c , 75c , Jl.f.o. Matlnpc-aie , S ic and DOc UOVIMV , TIUSDAV , WCDNKSI ) \ V. ji \ TiM3KviiM'sn : ' : i v. . . . .OCT. U5iMIi7 PULSE OF NEW YORK. TWUI.VH inc Hi'ii.n'rirN. : ( IHUI.T TO V.MI SH. . \ r\voiurii LAST SIASOV. : rHK'KH-25o. DOe , 75e , II W. MATINKK--J3C. Kc. Me. HOLMEST J//L/S t.rn led First Church OIllnHof Hi liub'try CoiiHl. Til 'Ud.iy Cct " ( li'i Vi-llowstuiif. Tlim-NiJiiy. CM. SHIM ( lycll : liroiiili Cohlua H.ilunl.-iy , Out XI ) . Hi ; ] n ill 11 ' ' Cuiir llul'iH , irmiHfonljIu , $ l.-u HI'IISI-- H'Ui'tB. 7nc nri.ui Duujlji ' u NTIIAI.I.Y I , > UA A nil ! ) Ivan plan , t'J.&O | i"r day mi BAKER J ( III AM ) . . H'J icuim , butln , hteuiu litut and ah [ nuclei luntetileiicw. Itutm , Jl.tu and I2.C4 nor day 'j a tile unexcelled. i > p clkl | uw ruu * iu irvulai SUtrit. JIunuiTtr.