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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 22, 1898)
[ I > i 12 TUB GRATIA DAILY 15T3E : SATURDAY. JANUARY 22 , 1SJIS. f THE JOYOUS COMRADE Hy J. ZANGW1LL , " the , " " Odd Life " . Author of "Children of Ghetto "An , etc. ( Copyright US7 by 8. S. M/CIure To. ) "Well , wliat are you gaping t7 Why don't you eny somcC.ilns ? " And all the Inv | rtlenco of the wrapt artist nt being Inter rupted by anything but praise was In the outburst. "Holy Moses ! " I gasped , " ( live a maci a cli.mco to get his breath. I fill uhrough a dark antechamcr , over a bicycle , stumble round a screen , and smack I a glare of oriental eunllftfit from a gigantic canvas , the vibra tion and glow of u group of Joyous figures joeklns with Ufa anl sweet you tlio Mo.itlst , the flecker after nature's beautiful moods and art's bcau'Jful pittcrnsi" "Ilcautlful moods 1" ho cchoeJ angrily. "And why IsiiH this n beautiful moo < 17 Ami what more beautiful pattern than this Icok ! this line , thin sweep. th-Ia group Here , this clinging of 'the children round this nttes oil In H glow balanced by this mass of cool Hbadow. The meaning doesn't In erfere with the pattern , you chump ! " "Oj , so liiaro ' a meaning ! You've become - como n anecdotal palnterl" "Adjectives bo hanged ! I canlt talk Uicory in Iho precious daylight. If > ou cun't sec " " 1 can HCO that you nre painting something you haven't seen. You haven't been In the eaet , Imve you ? " "If I iiml , I bavcn''t ' got 'time ' to Jaw about It now. Como and iuvo an absinthe at the Ofo ; Vlclor In memory of old IMrla days- Sixth avenue uuy of the boys will tell you. Ix * mo seo. daylight till six half-past six. Au'vMr , au'volr ! " As 1 went down the steep dark stairs , "Same old Dan , " I thought. "Who would Imagine I w.is a stranger In New Ycrk looking ii [ ) an old fellow struggler on hla nutlvo heath ? If 1 didn't know better , I might fancy his tremendous success had given him the came iijtaloii of hlmsslf that America 1ms of him. U t no , nothing will chanso ' .Urn ; the tame furious devotion to lila canvas once ho Iras quietly planned his picture , the same obstinate conviction that lie Is ecelng something In the only right way ! And yet something has clwnged him. Why has his brush suddenly gone east ? Why this new kind of composition crowded with flRWcs ancient Jows. too ? Hiia he bocn tnkui with piety , and Is ho gulag hcnntfor\\drJs ! ostentatiously to proclaim his rare ? And who Is the cheerful central figure with the flue eyen face ? I don't recollect nny such GCUIIO In Jewish history or any- thmi ; ho Joyous. Perhaps It's a study of modem Jerusalem Jews , to show their life Is not all Wall lug Well nd Jeremiah. Or prrhapj It's only decorative. America Is great on decoration Jual now. No , he slid the pl-tnro hnd a meaning. Well , I s\iall know rlt about It .tonight. Anyhow , It's a beautiful thing. " "Samo old Dan ! " I thought oven more ( Incisively as wheii I opened the door o [ the little cafe a burly. bMch-b&jc-de.l figure with audacious eyca came at me with a gr'o nnd a s'ap and a lear of welcome , and dragged me to the quiet corner behind the billiard tables. "I'vo Just been conllzlng your absinthe for you , " ho laughed as we sat down. "Hut vrLot's the matter ? You look kind o' ocared ! " "It's yom- Inferno of a city. As I turned the corner of Slxt'.i avenue nn elevated train came shrieking ami rumbling , and a BWlrl of wlnil swept screeching round and round , enveloping me In a whirlpool of inioko and steam , until , dazed and clinked In what seemed the scald tug effervescence of a collision , I had given up all hope of over learning what your confounded tilc- turo meant. " "Aha ! " He took a complacent sip. "U stayed with you. < lld It ? " And the. light of triumph , lluthlng for nn Instant his rugged features , showed when It waned how pale and drawn they were .by the feverous tension of his lone day's work. "Yes , It < lld. old fellow , " I said affec tionately. "Tho joy nnJ. . the glow of It , and yet a.o | some Grange antique simplicity and rcKtfulness you have got Into it , .1 know noi how , liavo been with mo all day , comfortIng - Ing TOO In the midst of the tearing , grinding llfu of this closing nineteenth century after Christ. " A curious smile flitted ncrcss Dan's face. He tilted his e-hair back , and rested his hi-.ij ngalrst the wall. "TOtro's nothing that takes me so much out of the iiliitittenth century after Christ , " he said dreamily , "as this little F.icnch cjfo. It waft , } rno tuck In my early utiiilcnt dayu that tie somewhere amid 'the ' enchanted intis's of the youth of the world ; to the yeslful to" of the studios ; 1o the cnrclesu trips In quaint , gray Holland or naming , dovll-maj < uru Spain. All , whiit f.r-nca fih'tt ' nnd r-hulUe in the twinkle of the pof-.l t In this opalescent HquM the hot Rhlmuirr of the nicna at 'the Seville 'bull ' flplit. with Iti swirl of color and movement ; the torehllglK prow-slim of pilgrims around the church at I ourdcM. with the one -black nun priylnc b- herjEc'f''n ' a shadowy corner ; the lovely valley of the Tauba , where the tinkle of the shoep- bolln mingles with ' ho'l.uthei-m hyro ? bov/n ! to the four wlirds from the old church tower ; rlnus that were red ; sunshine that was warm ; mandolins. " His volco died away as In exquisite reverie. "And the cast ? " I said slyly. A good-natured emlle dissipated his de- HC-IOIIH dream. "A'h ye"i , " he sadl. " .My east was the Tyrol. " "The Tyrol ! How do you moan ? " "I see you won't let me out of that itory. " "Oh , there's a story , Is there ? " "Oh , well , perhaps not what you literary chaps would call a story. No love-making in II , you know. " "Then It can wait. Toll me 'about youi picture. " "Hut that's mixed up with the story. " "Didn't ' I say you had become nn anec dotal artist ? " "It's no laughing matter , " ho said gravely. "You remember when wo parted tit .Munich a year ago last spring , you to go on tn Vienna and I to go back to America ? Woll. I had n sudden fancy to take one last European trip all by myself , end started 1 WALKKl ) MUMKlTii "UT. JOHN. " toutli Ihrough the Tyrol xvlth a pack o\i \ my tack. The third day out I fell and bruised my thigh severely , and could not make my llttlii mountain town till moonlight. And I tell ynu I wai mighty glad when I limped ncroHH the bridge over the rushing river and dropped on the hotel sofa , Next morn- Inc 1 was stiff as a poker , but I struggled up the four rickety Mights to the local phy sician , and bchiK assured I only wanted rcut , I resolved to take U with book and pipe and mug In a lhady beer garden on the riveI ; I had been reading for about HII hour , when live or lx Tyrolcsu. old men fitid young , In their Kruy and green cos tumes and their Ijttlo hats , trooped In and occupied thu largo table near the Inn doilr Presently I was startled by the sound of ( be zither ; they began to sing songu ; the jin'Jty daughter of < ho house came and joined' in < ha singing , I put down my book. "Tho old lady whp had served me with my Maaw of boor , seeing my Interest , came over n-d chatted about her guests. Oh , no , they were- not villagers ; they came from four hours away. The ellm one was a nchcol. teacher , and the dicker nca a tenor and tnng In the chorus of the Passion-Spiel ; the good-looking yotng man was to be the St. John. Passion 1'lay ! I pricked up my tars. When ? Where ? In their own village three daj hencc--cnly given once every ten years for hundreds and hundreds of ytara. Could strangers ice It ? What should sttangcrs want to sec It for ? Hut could they see It ? (5ewl . ? . This was Indeed a stroke of luck. I had always rather wanted to see the Pas sion Play , but the thought of the fashionable Obi-rammergau nude me sick. Would 1 like to be vorgretellt ? llnthor. It was not ten minutes after this introduction before I had settled to stay with St. John , and clouds of good American tobacco were rislns from tlx Tyrolese plpcia and many aa 'auf Ihr Wohl' was busying the pretty KclMerlnn. They trotted out all thtlr repertory of quaint local aongs for my benefit It Bounded bully , I tell you , out there with the sunlight and the greea loaves and the rush of the river ami In this aroma of beer and brotherhood 1 bleated my damaged thigh. Three days hence ! Just time for It to te'al. ' A provi dential world after all. "And It was Indeed with a buoyant step and a gay heart that I cjt out over the hi Is at sunrise on that memorable morning. Tno play was to begin at tea , and I should Just be en time. What a walk I Imagine It ! Clear coolness of dawn , fresh green sparkling dew ; the road winding up and down , round hilia , up cliffs , along valleys , through woods whore the green branches swaye.l In thu morning wind ami dappled the grass fantastically with dancing sunlight. And as fresh as themorn. . Ing was , I felt , the artistic sensallco await ing me. I A.wung round the kat hill-shoul der , law the quaint gables of the first house peeping through the trect1 , the church spire rising beyond ; then groups of Tyrolese , con verging from nil the roada , dipped down the valley , past the quiet lake , up the hl'.ls be yond , found myself caught In a stream of peaEints , and , presto ! v.-iii sucked from the rad'iint day Into the deep gloom of the baru- llke theater. "I don't know bow It Is tlono In Ober- iimmergau , but this Tyrolese tiling was a strange Jumble of art and nalvctte of talent and stupidity. There was a full-fledged stage and footlights and the scenery , someone said , was painted by a man frcm Munich. Uut the playeis wore badly made up ; the cos tumes , If correct , wore Illfittingthe stage badly lighted and the flats didn't 'Jine. ' Some of the actors had gleams of artistic percep tion. St. Mark was beautiful to look on , Culaphas hM a ser.no U' b.ocutlan. no Vlr- gin was tender and sweet and Judas rose powerfully to his great twenty minutes' so- ll'.cquy. ' Dut the bulk of 'the players , though all were earnest and fervent , were clumsy or self-conscious. The crowds were stiff and awkward , painfully symmetrical , ' llko schcol children at drill. A chorus of ten or twelve ushered In each episode with song and a ma. , further explained It In bald narrative. The acts of the play proper were Interrupted by tableaux vlvauts of old-testament scenes from A Jam and Eve onwards. There was much , you see , that was puerile , even ridiculous ; and every now and then scmeono would op'iJ.i the door of the dusky auditorium and a shaft of sunshine would fly in from the outside world to remind me further 'how ' unreal was all this glcomy make-believe. Nay , during the entr-acto I went out like everybody else and lunched off sausages and beer. "An-1 yt't ' , beneath al tlr's crlllcal con sciousness , beneath even the artistic con sciousness that could not resist Jotting down a face or a scene In my sketch bsolc , some thing curious was happening In the depths of my being. The play pxcrclsed from the very first a strange magnetic effect on mo ; despite all the primitive humors of the play ers , the simple , qi'ollmo tragc lyy ti-at 0 sju- gag < ? d Itself front their uncouth but 'earnest goings-on began to move and oven oppress my soul. Christ had 'boon ' to mo merely a Ihcme for artists ; my studies and trav els -had familiarized me with every pos sible conception of the Man of Ser rows. I had seen myriads of 'Ma donnas nursing him , miles of Magdalens be wailing him. Yet the sorrows I had never felt. Perhaps It was my Jewish training ; perhaps It was that none of the Christians I lived with had ever believed In Him. At any rale , hero for the first time the Chrtot story came homo to mo as a real , living fact ; Eomethlng that had actually happened. I saw this simple son of the people made moro slmplo by my knowledge that this representative was a baker moving amid the tnclent peasant and flaticr life of Galilee ; I saw Him draw men and women , saints and sinners , by the magic of Ills love , the simple Hweetness of His Inner sunshine ; I saw the ounshlno chanpo to lightning as Ho drove thp money-changers from the temple ; I watched the clouds deepen as the tragedy druw on. I saw Him hid farewell to Ills mother ; 1 heard suppressed sobs all around me. Then the heavens were over cast , and It fieraicd as If earth held Its breath , waiting for the supreme moment. They dragged Him before Pilate ; they clothed Him In scarlet robn and platted Ills crown of thorns , and upat on Him ; they gave Him vhiegar to drink , mixed with gall , and He so divinely sweet and forgiving through all. A horrible oppression hung over the world ; I felt chjklng ; my ribs pressed Inwards ; my heart seemed con tracted. Ha was dying for the sins of the world , Ho uumnicd up the wbolo world's woo and pltlfulnres ; the two Ideas throbbed and fused In my troubled soul , And I , a Jew , had hitherto Ignored Him. What would they say , these slmplo peasants sobbing all around , If they knew that I was of that hated race ? Then something broke In me and I sobbed too sobbed with bitter tears that soon turijed sweet In strange relief and glad sympathy with my rpugh brothers and sisters. " He paused a moment and sipped silently at his absinthe. I 4\ \ & not break the rllence. I was moved and Interested , though what all thld had to do with his glowing , Joyoua pic ture I could only d'lmly surml&e. He went on : "When It was all over and I went out Into 'Clio open air I did not see the sunlight. I carried the dusk of the theater w | h me , and the gloom of Qolgothu brooded over the sunny aftorncou. I heard the nails driven In , I saw the blcpd spurting fiom the wounds ; there wag real'am ' In the thing , I tell you. Tdio peasants , accustomed to ihe : painful story , 1ml quickly recovered their gayely and wcru pouring boisterously down the hillside Ilku a g'.ad , turbulent mountain stream un loosed from Iho doul hand of frcnt. Ilut I WUD still Icebound and fog-wrapped. Out- elrto the Ussthaus where I wcru to dine gay groups assembled , an organ played , some strolling Italian glfls danced gracefully , and my artfatlo * elf n s A\yure ( av nnth and ft ruth. Dut the Inmost me was neck-deep In gloom , with which the terribly roundel steak they gave me , fraudulently overlaid xvlth two flhowy fried eggs , seemed only In keeping. St John came In , the Christ , and the Hchoolmaslcr wl had conducted ths choir and the thick tetior and some supers , and I congratulated them one uml all with a gloomy penso of dlsioncsty. 'When , as evening fell , I walked homo with St. John , I wes gloomily glad to find the valley shrouded In mlat and a starless Sicnvcn sagging over a b''ink eurth. It seemr-J an tndltes uphill drag to my lodging , and though my bcdrojin wts unexpectedly Oalnty , end a dear old woman St. Jciin's mother metaphorically tucked mo In , I slept 111 that night. Form- lesa dreams tortured mo with Impalpable tragedies anl apprehensions of horror. In i.ho morning , after a cold spcng- liiK , the opprccslcn lifted u llttlo from my spirit , though the weather etlll seemed rather gray. St. John bid already gone off to his field work , his mother told me. She was so lovely , and the room In which I ate breakfast so neat and demure with Its whitewashed wal's , pure and stain- Icsa like country snow , that I managed t swallow everything but the coffee. Oh , that coffeel I had to nibble at a bit of chocolate I carried to get the taste of It out of my mouth. I tried hard not to let the blues get the upper hand again. 1 filled my pipe , and pulled out my sketch took. My notes of yesterday seemed so faint and the morning growing S3 dark , that I could scarcely oee them. I thought I woil'd go and sit on the llttlo bench outside. As 1 was saunterlns through the doorway , my head bending broodlngly over the e&otch book , like this , I caught flight out of the corner of my eye of a little white match stand fixed upon the wall. Mechanically 1 put out my left hand to take a light for my pipe. A queer cold wetness In my fingers and a little sp'ash woke mo to the BCJSO of oomo oJd mlatakc , and In anolher Instant I realized with horror that I bid dipped my Pagers Into holy water and splashed It over that neat , demure , spot- Ice ? , whitewashed wall. " I could not help smiling. "Ah , I know , one ? of those porcelain things with a cruclllcd Eavlour over a little font. Fancy taking heaven for brimstone ! " "It didn't teem the least bit funny at the tlmo. I Just te'.t awful. What would the dear old women say to this profanation ? Why did people have whitewashed walls on which sacrilegious stairs were luridly v'r.i- ble ? I leaked up and down the hall , like Mcacs when he slew that Egyptian , trembling lest the o'd woman should come In. How TUB DAUGHTER OF THE HOUSE C.UlJ-J . .111 could I make her understand I was so Ig- ncrcut 01 u Christian uuuom as to ui.s. o a font for a match box ? And If I eild I vVa , a Jew good heavenn ! ! ie might think I had done It of fell design. What a wound to the j ' gentle old creature who had been to sweet to ; me ! I could not atay In sight of that accusing streak ; 1 mutt walk oft my uneasiness. I throw open the outer door , then I utood still , paralyzed. Monstrou:1 , evil-looking gray mla'.a , < were clumped at the very threshold ; sinister , , , form'.css vapors blotted out the mounta'n ; everywhere vague , drifting hulks of malarious mfet. I sought to plerco 'them , to find the landscape , the cheerful village , the wai-m human life nestling under God's heaven , but saw only , way below , as t'lir'tigii a tunnel cut betwixt mist nnd mountain , a dead Inverted world of houses and trees In I i a chill 6'ray lake. I shuddered. An Inde finable apprehension oosses.icd me , something llko the vague discomfort of my droa.nn ; then almost instantly It crystallized Into the i blood-curdling suggestion : What If this were j divine chastisement ? What if all the outer and 'iiiiKf ' dreariness that had so steadily ! enveloped mo since I witnessed the tragedy i were punishment for my disbelief ? What If ' this water were really 'Irly , cud my sarllego i 1-od brought some grizzly Nemesis ? " "You'believed that ? " "Not really , of course. But you , as an .artist , must understand how one dallies wltn 1 an Idea , plays with a mood , wcrks oneself up imaginatively Into a dramatic situation. I let It grow unon me till , llko a man alone j In the dark , afraid of the ghosts he doesn't believe In , I grow nervous. " "I toro say you hadn't wholly recovered from your fall , and your nerves wece un strung by the blood add the nails , and that steak had dlragreedwith you , ind you had had a bad night , and you .were morbidly uneasy about annoying t'ho ' old woman , and all those chunks of mist got Into your spirits. You are a t'Jlldof / the nun. " "Of course I knew all that , down In the cellars of my being ; but upstairs , all thu same , I had this sense of guilt and expiation , this anxious doubt that perhaps all that great , gloomy , mediaeval business of saints and nuns , and bones and relics , and miracles and Icons , and calvaries and cells , and celibacy and horsehair shirts , and blood and C > .rt and tears was true after all ! What If the world of beauty I had been content to live In was a satanlc show , and the real thing was that dead , topsy-turvy world down there In the cold gray lake under the reeking mists ? I sneaked back Inio the IIOUBO to see If the streak hadn't dried yet ; but no , It loomed In tell-tale ghastllncss , a sort of writing on the wall , announcing the wroth and visitation of heaven. I went outside agaOi anl smoked miserably on the llttlo bench. Gradually I began to feel rarmer ; the mists seemed clearing ; I rose and stretched myself with an ache of luxu rious languor , Encouraged , I stole within again to peep at the streak. It was dry a viigln wall Innocently white met my de lighted gaze , I opened the window ; the draggling vapors were still -rising , rising ; the bleakness was mcrgvng In a mild warmth , I refilled my pipe , and plunged down the yet may hill. I strode past the old sawmill , skirted the swampy harder of the lake , caino out on the firm green , when , blngi zlm ! bolt of sunshine smashed br-r-r ! a heavenly throuKh the raw mists , scattering them llko a bomb to the -horizon's rim ; then with sov ereign calm the sun came out full , flooding hill and dnlo with luminous Joy ; the lake shimmered and flashed Into radiant I'.to and gave back a great white cloud Island on a stretch of glorious blue ; and all that golden warmth stole Into my veins like wine. A little goat came skipping along 'with tlnk- llr. bell , -horse at grass threw up Its heels In ecstasy , an ax lowed , a dogbarked. . Tears of exqultf'.to emotion came Into my eyes ; the beautiful , soft warm light that lay over all the happy valley seemed to get Into them and melt something. How unlike Ihose tears of yesterday , wrung out of mo as by some serpent celled round my ribs ! NOW my ribs seemed expanding to hold my heart and all the divine Joy of existence thrilled mo to a religious rapture. And With the lifting of the mltta all that ghastly medi aeval nightmare wag lifted from my soul ; In that sacred moment allthe lurid tragedy of the crucified Christ vin- lahcd and only Christ was left , the glxplo fellowship with man and beast and raturo. the love of life , the love of love , 'the ' Icwo of God. Anil In tbsit yearning cvtisy my picture came to me 'The Joyous Comrade. " qhrlst not the tortured Gel , 'but ' the Joyous .comrade the friend of all almplo souls the Joyous comrade with the children cling ing ita him and -the- peasants and ftsbcrs listening to bs ! chat ; < not tbd theologian spin , nlng > barreu subtleties , but tl o aa ot gealujp ' protoatltiR against ll forms and dofrmss that would replace the direct vision and the living ecrtasy , not the Man of Sorrows , lor- Ing the blankncss of underground cells , and scourged backs , ami scxlrss skeletons , but the lover of warm life and warm sunlight I and all that Is fresh and simple and pure and 'beautiful. " "Every man makes his God In his own Image , " I thought , too touched to Jar him by saying It taloiid. "And so , ever since , off and on , I have worked at this human i > lcturo of Him The I Joyouo Comrade lo restore the true Chrlut I to the world. " "Which you hope to convert ? " "My bustntsd Is wt-th work , nor with re sults. 'Whatsoever thy hand findcth to do , | do It with thy mlRbt. ' What can nny sin gle hand , even the mightiest , do In this great weltering world ? -Yet , without the hope nnd tiho dream , who would work tat alt ? And so , not without hope , yet with no ex pectation of < i miracle , I glvo the Jews u Christ Ihey can now accept , the Ohrlrtl.'ns a Christ they lute forgotten. .1 rebuild for my beloved Amcrlm a typo of simple man hood , unfrcttcd vby the fcvcrbh lust for wealth or power ; simple lover of 'the qultt moment ; n sweet Ihuman soul never dispos sessed of llself , nlwajH at one with the os- fence of cxlstenc-e. Who knows but 1 may miFccst the great'question : What shall It profit a nation toignlu the whole world end lose Its own eoul ? " ' His voice died sway solemnly , and I heard only the click of 'the .billiard bulu ! and ( bo rumble and roar ot > Now York , FIXU HO I NTS 'OK ' IAV. . PHIi nf Itfofiil Decision * liy Various C'liuflH of ( lit * l.nnil. A condition In a devise to n widow that her remarriage shall terminate -her estate. Is held , In Herd agaliwt Catron ( Tenn. ) , 3 ? L. II. A. , 731 , to 'be Wild. To Justify the arrest of a citizen for dis turbing a military parade by obstructing a public street and refusing to make way for the parade. It Is held , In White" " ngalr.at State ( Ga. ) , 37 L. II. A. . 0(2. ( that the p.i- rado must bo ono that -authorized by law. Injury to a person walking along a ntrffct , by a door falling from a moving freight train , ! a held. In St. Loulj , Iron Mountain & Southern Hallway Company against Neely ( Ark. ) , 37 I. . . U. A. , 61C , to raise a premtmp- tlon of negligence on the part of the rail road company , under a statute making such companies llablo for nil damages done by running trains. Accepting less than the whole amount duo on a dei'jt , with a dl.Ttlnct agreement that It shall extinguish the oufiRallun , Is held. In Clayton against Clurk ( Miss. ) , 37 U U A. , 771 , Biifilclent to operate-as a discharge , aVhough the mcney Is not paid at any 'llff'--- ent tlmo or place than that originally agreed upon. A csahler's bond for the faithful discharge of his duties as cashier forever le held. In First N'ntlnral bank ac.ilnst Itrlggs ( Vt. ) 37 L. II. A. , 815. to be goo.l for but ono year , where ho was elected annually and a by-Ian provided for his appointment during the picture of. the board. The failure of the legislative Journal to show that a bill was read on three < lajs , as requ'red ' by the crmtltutlsn. la held. In Colin against Klngsley ( Idaho ) 3S L. It. A. , 74 , to be fatal , as the Journals must affirmatively1 show that the constitution was compiled with. The killing of a dog by a railroad train te held. In St. L/ouls Southwestern Hallroid Company against Stanfield ( Ark. ) 37 L. n. A. , C59 , to be an Injury to property within the law making railroads liable for all damages to property by running trains. With the caise Is a note reviewing the other decisions' as to the liability of a railrcad company for Klii- i ing dogs. An express messenger Is bound by a con tract between- his employer and a railroad comprray exempting the latter from liability for Injuries to him during transportation , eays the court Louisville , New Albany & Cincinnati Railroad Company against Kcefcr ( Ind. ) 38 L. II. A. , 93 , since the railroad com pany In this trailer acts as a private carrier. The wrongful execution of a power of silo ! n a mortgage when there WES no default Is held. In Rogers agalr3t Barnes ( Mass ) SS L. R. A. , 145 , to give- the mortgagor a right to damages even If the silo was an alxoluta nullity , where 8'sui-eequent transfer to a pur chaser for value 'with ' an apparently perfect title has made a cloud on the mortgagor's title. title.Notice Notice ts consumers of water and ati op portunity to bo heard before rates are cs- tabMnhed are hold. In Sllkman apalnpt n-ard of Water Commissioners ( X. Y. ) 37 L. R. A. , 827 , not to bo dommdable on the ground that the water rents are.'taxes ; and an aipplloation for water Is regarded as a consent to oay the rates charged. The degree knowledge , flklll and care required of a physician cr Mirgp-n Is held , In Whltcsell against ; IiilIowa : ( ) 37 L. R. A. , 830 , to be that ordinarily possessed by iltei'u pratlclng In slml'np localities , and not neces sarily limited to ( that which Is In fact exer cised In Ills particular locality. A note to this ease reviews. lUe other- Arabians on that question. A vote of the majority of property tax payers In numbers -and In value Is held , In Citizens anl : T-axinyers of De Solo Pirisli against Williams ( La. ) 37 L. R. A. , 7C1 , to mean a majority of those actually presprit and voting at an election , Those who 11:11 to vote are presumed to assent to the ex pressed will of the majority. The discharge of an employe who refuses to bscomo a menibcv of a labor association , when tb's Is duo to an agreement between such association and an association of em ployers to orevent permanent employment of any person who did not Join the labor unln , Is held , In Currta arnln.st Galen ( N. Y ) 37 L. R. A. , 802 , to render the officers of the labor association liable for conspiracy. A railroad tlmo table nnd printed rules for running trains on regular time , without any arrangement for emergencies In t'Re of trains behind time , are held , In Syrague against New York & New Knnland Railway Company ( Conn. ) 37 L. R. A. , 638 , Insufficient to satisfy the railroad compzciyV ) obligation to Ita employes a.i matter of law , but the question Is lert to the Jury. The bolting o , ' a vicious horse from the track during a race , while In charge of a good and expert rider , o. using injury to a by stander Is hold. In Hallyburtcn against Durko County K-ilr Association ( N. C. ) , 38 L. R. A , 150. Insufficient to render the owne's of the horfco or the fair association liable , If the horse was not known to bo vicious and there wore suitable railings -between- the spectators and t : e race course. An Injunction ijnlnst the employment of detectives to follow and watch a poivon , causing htm annoyance and1 Inconvenience , Interfering with hs : social Intercourse and business , and causing suspicions which damage - ago his financial credit. 1s denied , In Ch-.p- pell against Stewart ( Mil. ) , 37 L. R. A. . 7St. ; on the ground that there Is on adequate remedy rit law. A note to the case discusses the question of the power of a court of equity to protect personal rights. A .vlngs bank by law declaring -waiver by depositors of all Individual liability of officers or stockholders , which Is provided by law Is hel'4 ' In Wells against Black ( Cal. ) 37 L. R. A. , C19 , to be void because Incon sistent with the law ; and a so-called agree ment printed at the top of each pagp of what is called a "signature book , " below which are ruled spaces extending across the page. and under these perpendicular columns. Is not made binding on a depositor by writing his name In a column headed "Signature. " Moiimiiriil for Henry Cliiy Work. IIAUTKOUI ) , Conn. , Jan , 21 , A movement ban been Blurted In this city by a number of prominent Granel Army of the Rcpu'Jllo men toward the erection of n suitable mon ument over the "remains " of Hunry Clay Work , author of "Marching Thrjtigh Georgia , " "Nlcodumus" and other lyrics , and whose grave Is ununrked by any dis tinguishing tnbletj Mlddlctown , Conn. , was the blithpUico of Work , but the prater purl of his life mis spent In this city , and ho died hero In 16U Too Mimy ] iJilHirrrN nt Tnlyn. TACOMA , Jan , 21 , There Is nt prese-nt a glut In the labor-market at Juneaii , Tnlya and Skagway. M6re worklngmed than there are Jobs ) for have none lo those towns , with the result thai 'wages nre coming down and many nieni are now eating up their supplies and earning nothing. When a good fall of snow comes , followed by a fret-zo. the situation Will bo changed , for then transportation of wuppMts over Chllkoot and White P.ISSCH wlllicommence In earnest and every man now' ' there can get work. It Is easy to catch a cold and Just as easy to get rid of Itilf you commence early ( o use One Minute Cough Cure , Jt cures coughs , colds , 'bronchitis , pneumonia and all throat and lung troubles. It U pleasant to Uko , aafo to use and euro to euro , itUDlGERS COME TO SURFACE Family Linen of the Conplo Brought Oat for Airiiig , DIVORCE SUIT REVIVES A LOCAL TRAGEDY .SrtiftiiHnnnl Kvriiln Siirroiuitllntr tlir OIT ( if "Huron" Ili-iii-j- lU'lucr Iti'i'iiUnl l > > I'ropi'i'il- IIIKTM in I'Jiiiillj' Court The Hudlgcrs , Elolsc * and Franklyn , hnvc projected themselves Into public attention again nnd this morning they wilt have n legal Inning before Judge Scott of the equity bench , nt which time the wife wll combat the attempt of the husband to secure n divorce unless he consents to allow her leave to answer and at the same time con- rents to an allowance of $200 as alimony. Franklyu Uudlger came to Omaha a num ber of years ngo nnd later on , while mak ing the rounds of the town , he became smitten with the charms of the woman from whom ho Is now seeking a divorce. It was apparently n case of love at first sight , out soon after the first meeting the marriage ceremony was performed. The couple locc.ted In South Omaha , where the husbaiu found employment as a stenographer. The public saw llttlo of the Uudlgers until the summer of 1593 , at which time a man who was known as "llaron" Henry Hclscr ap peared tipcti the scene. He was a stylish fellow , a gco.I dresser and possessed a figure that was . ' .In.ply Iricslstlblc. He gave It out publl'.ly that ho was a Herman count and that when his parents died ho would como Into possession of a legacy that would bo sulllclcnt to enable him to buy the cn- ttro county If he saw fit. Later on , however , It developed that his title was an empty honor ami that his enormous wealth was a. myth. This , though , has nothing to do with the story of the Hudlgcrs. During the early fall of 1893 Hclscr met Elolse Hudlger and ruld her attentions that caused the tongues of gossip to wag at a lively rate. In coureo of time these gossipy reports reached the ears of the husband. He turned a deaf car to the tn'cs that became the property of the streqt. The crls's , how ever , was reached on October 26 , 1S93. Dur ing the evening of that day Mrs. Hudlger left her home and started down town. At the corner of Twenty-fourth and J streets she was accosted by Reiser , who came out of a store near by. Hoth partiej stopped and entered Into an animated conversation. Sud denly and without any warning Mrs. Kudlgcr pulled < i revolver from beneath her dress , pointed It at Heifer and flrcd. The bullet struck him In the hick Just as he was about to turn around and run. To make the affair more sensational and' tragic , Mrs. Hudigcr turned the weapon toward heiaelf and fired again. The bullet missed Its mark and went whizzing off through space. Overcome , .Mrs. Hudlger swooned and fell across the body of Ilelscr , lying there until she was picked up and carried away by members of the cran-il that congregated. IlEISBR DIK3 SILENT. HeLser was taken to the hospital , where he lingered until December 15 , 1S93 , when he dloJ. At no time during his illness , how ever , would ho talk of the shooting or the affairs that led up to the firing of the fatal bullet. The same evening of the shooting Mrs. Hudigcr was , arrested and lodged In Jail. The next day she was arraigned in police court , where she was charged with murder. She waived the preliminary examination and was committed to the county Jail without bouK At the February term of court , 1S9I , she was tried. Judge Scott presiding and Attorney Kaley prosecuting. The , trial drew a big crowd and after being out seveial dayn UL- jurors concluded that they could not agree. At the May term of court of the same year another trial was had and this time the Jury returned a verdict of not guilty. During both of these trials , and In fact during the- entire Incarceration of Mrs. Hudlger , the de votion of her husband was something won derful. While she was tn Jail he dally Gent her the choicest flowers cad kept her supplied with all of the delicacies of the market. When , the trials were on ho was constant.y by her side and rendered her attoraejs much valuable assistance iu the way of looking up evidence and keeping track of the testimony of the witnesses. After Mrs. Hudlger was released from cus tody she and her husband dropped out of sifht and' nofiltis waicit \ \ o' 'h"m until a few months ago , when they created a scene in this city by appearing upon the streets one night , when the husband charged the wlfo that she had not been true to her marriage vows. A few days later Hudigcr filed his petition In the olllce of the clerk of the district court , asking for a decree of di vorce , alleging divers and sundry rojsuns why it should be granted. The filing of that document disposed of the domestic dllllciutica until today , when Mrs. Hudlger filed her mo tion for leave to answer and show why che should bo allowed alimony. Ilt'lrHVitnt an InJiiiK'llun. Anna , WlH'am and Henry Wordenman , by their mother , Anna Wordenman , have sued Gustavo and Annlnlne Wordenman and W1I- 1'am Medland , and at the same time they have cscured an Injunction that restrains the sale or encumbrance of certain South Omaha property valued at $5,000. The plaintiffs al- ' .cge that the property In question belongs to them , , having been bequeathed by th : r dead fattier. They eay that the defendant , Gustavo Wordenman , is the administrator ol their father's estate and that he Is about to sell or mortgage the lot. Arguments on the application to make the restraining order permanent will bo heard by Judge Scott on the first day of the February term of the district court. Klll'N II C'l'DMK IIIII. In the case of Lizzie Krotzach against Lou's Krotzach the defendant has ( Hod his answer. He denies that he Is a bad man and addicted to the cxccttelvo use of strong drink , as alleged In the petition. He cornea Lack at I the plaintiff by saying that she Is the one who uses Intoxicants to excess. Krotzach files a crocs petition In which he asks that the case brought against him by his wife bo d'.jmlssed ' and tl.at ho bo grtntod a divorce. He avers that at the time of marrying his wlfo she had another husband from whom she was not divorced and that the knowledge of tills fact was kept from him untl : quite recently. I'uprr Com puny IdilMCN Obji In the case of the Western Envelope com pany against the Carpenter Paper company the defendant has filed a notice , objcctbg la the Jurisdiction of the court In grouting a restraining order , preventing It from taking find holding recession of the property of the plaintiff. The defendant now alleges that the plaintiff U preparing and Is about to remove Its property from the state. Club Ci'lN KxrliiNl vr SAN FHANCISCO , Jan. 21.- Young Orlffo , , the Australian boxer , Is again mutuhed to meet McConnell , tho. local welterweight. The men will meet In the big building of "THE OFFICIAL EYE" of the Japanese I is eclors Is on every pound of Japan * fea offered for shipment. Only that whldi Is absolutely pure and of high quality Is allowed to leave that country. All en * " * * c" " the Olympln. cluh Fchrifsry 3 , The affair will be- for members only , who will t > p chargvd a smnll admission , fee. thus confin ing the club to professional matches , Tim purpe will be $1.500 , Cocker Tweedy , the recent arrival from AUXralln. will moot Jlmmlo I.nwler of San Francisco on the same occasion , Dr. Unit's Cough Syrup lias always been was forty years ago , the best sold , was forty yenrs ago , the best sold. MAICH iMISC.VI.CH > TMX OF TIMI2 , Otcliriilt ! tlio Xriv Yrnr One lii } ' Too Soon. NRW Y011K. Jan. 21. A perplexing prob 1cm has presented Itself to the Chlno'o reirt- dents of this city. They have not been able to moke up their minds whether their New Year's celebration should begin today or tomorrow. The Chinese minister at Wash ington has Issued a. proclamation declaring that tomorrow shall , bo celebrated Instead of itod.ty , and that Iho Chlnece residents In this country have- for the part forty-eight years begun cclobwllng n day too soon. Why It has taken forty-eight years to make this Interesting discovery is not set forth , but there Is no douibt that the children of the Celestial empire have .been laboring under a sad deluilon. The difference In time between this coun try and China was the cnuco of the mlrtakc . The proclamation t'o the Chinese rcsl.lents of the country to change the date of the celebration hns been sent to the Chinese consuls , who have transmitted It to the lead. Ing Chinamen of the cities where they are stationed. The proclamation has created a good deal of excitement In Chinatown. Some of KB residents have decided to Ignore It entirely nnd begin celnbratlng todiy. and lara night they were hard atork making their preparations. Others Intend to show their respect for their country's repre sentative by postponing ihclr festivities. Th re-Milt will be that there will ho two Chinese * New Years this year. IMJ.VSIO.XS K ) 'll WUSTKHM VHTHU.MS. Survivor * of < hc tm AVnr UIMIICMI. Itorcil lij- < lii ( .nuTiil ( invormtiriit. WASHINGTON , Jpn. 21.-Spcclnl. ) I'cu- slons have boon Issued ns follows : Issue of Jaiiunry S : Nebraska : Original-Chester Androwo. Steeleburg , } 0 : Joseph C. McCoy , Heaver City , $ ( ! . llene nl-Abncr K. Wllcox. Ar- borvllles | fl. Increase Thomas 11. Itlchnrd. son. Omalin , $ f to $ i ; Samuel A. Mllgrlm , Hooper K to Ju OHKlnnl-John C. Urllmpr. nun- IOKK J12 ; Mllner U. Iletmlmw ; Hurlliigton. $ S ; burton H. 1'lercp. Clinton , JS ; Oren K Hlchnrds. Chnpeti , f2j ! JUNKS ! Sqlilor | , III- warden , JSj Lafayette 11. Noycn , Moudnmlii , $ rt. lleslonitloti nnd supplemental-Frank .M. Applcberry , FrrdorlckfburK , } IO in. ' creapo S.iinuel W. Miller , Ircton , fS 'to J12 ; Augiisn Koch , MnrM"mlUowu , J10 to } 12 Ht . Usup-Sewi-ll ViiimlstlueOilmoro City. J12. Orlgln.il widows , ntc. Special , January s , hydla A. Ostroin , Dnnbury , } S. Colorado : Original llunry Uutlrr , ttiirn.v Vlstn , M : Homer F Huston , Denver JS ; Dnnlcl Webster I'linly , Denver. IB : reissue. Jr.mps T. Falrchlld , Silver Cliff. $ .10 , South Dakota : Increase OrsonV. Knowlps. Canton , JS to $10. North Dakota : Original Joel T. Means , nismnrck , Jrt. Montana : Original I.cvl Smith , Darker. $12. Moll iMMiilci-N I'mlrr ' Arri-nt. WICHITA , .Inn. 21. A special to the Hen. con from Outhrlo states tlmt nn uncon firmed report la eurrctit that two of the mol leaders who burr.ed the Bpinlnolc * recently near Mnud nro under urret. t. Governor Unrncs' 11,000 reward Is still" In force. nnd difjcstivo disorders yield quickly to dcliciourt. dolicnlo brcf tea made from the tjcmiinoLiow COMPANY'S HXTUACT. ( Look out for the blue Ricnaturconthc wrapper ) : Cook Bool ; clvtns'rcclfca for many p tnt l > le . . dlthc.1 rent frci ) I > luniroLccpen. AJJret * Co. . I1.0. JioxSiia. Now York. EXTRACTBEHT \ * ALL HAIL THE We're off for the skating ! We're down , the toboggan slide ! Gee ! But isn't it fun ! The Ice Carnival is on at the Ex position grounds. They charge 10 cents to get into the grounds-10 cents admis sion to the ice and 5 cents for each ride down the toboggan slide. iirl Can 80 Free. IF you will bring in two new sub scribers for the Daily and Sunday Bee for two weeks each , you can get a ticket to the grounds , an admission to the ice and four trip tickets for the toboggan slide , or eight tobggan tickets or four ice admissions. IF you bring in one new subscriber to the Daily and Sunday Bee for three weeks , you can get a ticket to the grounds , an admission to the ice and two trip tickets for the toboggan slide ; or three ice admissions , or six toboggan tickets , IF you bring in more subscribers , or for a longer time , you can get tickets at the same rate for each bona fide new subscriber that is , an admission to the grounds , or an admission to the ice , or two trip tickets for the toboggan slide , for each week paid in advance by .the new subscribers you bring in. The more subscribers , the more tickets , A whole lot of fun for just a little work , None but bona fide new subscribers count , No subscription taken for less than two weeks. Bring your subscriptions to the Circulation Department , Bee Publishing Co , Dec Building.