SOME HOPE Ul FOR BOLIN
If ibrulct is OiUd to Show Oanio Whj Writ
of Error Shall Not Ba Allowed ,
CITATION FROM THE U , S , SUPREME COURT
Theory I * ihnt Fronecutlon lijr In-
tormntlnn I * fiot Cooil In I. HIT
nnd Constitutional < lnc -
tlnnn Inrolvcit ,
r
Information haa Juat been received In
Omaha that Henry IHIllnRs Brown , amo-
clate Justice ot the United States euprctno
court , hag cited the state ot Nebraska to
appear before the supreme court to show
why a writ of error should not be aliened
In the Henry Holln embezzlement caio.
The citation Is dated July 28 and In return
able In thirty days. This IB In effect a de
mand for the presentation of the record ,
and Uolln'a attorneys assert that they ex
pect to bo able to secure the writ on the
showing that will bo made. The effect ot
this would bo to reverse the proceedings In
the Ncbtaska courtn and to discharge Ilolln
from custody.
The contentions on which the application
for the writ U based arc exhaustively set
forth In the brief which was RUbmlttcd by
Bolln's attorney , Joel W. West. They are
of Kcncral Interest to the public as well a
attorneys In that they raleo constitutional
nutations that It decided according to the
view of the plaintiff In error would reverse
largo proportion of the sentences that
have been passed In criminal cases In Ne
braska. The main theory , and the one that
Is most exhaustively argued In the brief , IB
to the effect that all the proceedings against
Uolln arc void bccaueo no Indictment
against him was ever returned by a grand
Jury , nnd the prosecuting attorney had no
legal authority to file the information ,
The UnnMlne Act.
At the time of the admission of Nebraska
Into the union congress passed what 16
known as the Enabling Act. Section 4 ,
among other things , provides as follows :
That members of the convention thus
elected shall meet at the capital ot said tcr.
rltory on the first Monday ot July next , and
after organization shall declare on behalf of
the people ot said territory that they adopt
the Constitution of the United States , where
upon the said convention shaft bo and It Is
hereby authorized to form a constitution
and state government ; Provided , that the
conatltutlon , when formed , shall be 1'epub-
llcun , and not repugnant to the Const ! ' n'lon
ot the United States , and the principles of
the Declaration of Independence.
Under the provisions of this act , It Is con
tended on behalf of Henry Bolln , that the
state ot Nebraska thereby adopted not only
V f the constitution ot the United States , bul
also the Interpretation placed thcron by the
supreme court or the United States ,
Under the decisions of the supreme courl
of the United States It has been held thai
for an Infamous crime , such as embezzle
ment , the party must be Indicted by a. grand
Jury nnd that an Information by the prose
cuting officer Is Illegal and void. Mr. West's
contention , and the one upon which the supreme
premo court of the United States Issues the
writ of error , Is that the constitution of the
state of Nebraska adopted In 1S75 , providing
among other things that persons charget
with crime could be Informed against by the
public prosecutor , Is null and void and In
conflict with the express provisions of the
enabling act above quoted under which Ne
braska became a state.
Prior to the admission of Nebraska Into
the union no such requirement had over been
exacted from any other state seeking admis
sion. Carrying out the principles cmbodlec
In the question above made and applying
them to the powder of the people of Ne-
bfaska'to amend or revise their constitution
In view of the const ! notion which is placed
upon section 4 of the enabling act , then to
the powers prohibited to states by the con
stitution , thcro would , with respect to Ne
braska , bo added other prohibitions. That
Is to say , the state ot Nebraska can neither
by constitutional nor statutory provision es
tablish any religion or prohibit free exercise
thereof ; nor abridge the freedom ot speech
nor of the press nor the right of the people
to peaceably assemble and petition the gov
ernment for a redress of grievances. Nor
can It Infringe upon the right of the people
to keep and bear arms. Nor can It In time
of peace quarter any soldier In any house
without the consent of the owner. Nor can
It Interfere with the right ot the people to
be secure In their persons , houses , papers
and effects against unreasonable searches
and seizures. Nor can It provide for holding
any person to answer for a capital or other
wise Infamous crime , unless on n present
ment or Indictment ot a grand Jury , except
within the proviso of the federal constitu
tion. Nor In any criminal prosecution can It
deprive the accused of his right to a speedy
public trial by an Impartial Jury. To at
V tempt to do any of these things , contrary to
thn provisions of the federal constitution
within the state of Nebraska , Is to proceed
without duo process of law.
It Is also contended that Bolln never had
a preliminary examination and that the state
- courts erred In deciding that the showing
on this point did not justify a pica of error.
Conntltntlonal < luentloUH.
Briefly stated , the argument urged In the
brief Is that Nebraska became a member of
tlie union after the various amendments to
the federal constitution wore parsed and
that by the terms of the enabling act the
laws of the state wore Bubject to the In
terpretations placed on the federal constitu
tion by the supreme court of the United
States. The supreme court baa taken the
ground In lovcral cases that on indictment
before a grand jury Is an indispensable pre-
irqulslte to prosecution for grave offenses ,
and It Is consequently urged that the legis
lative enactment that gives public prosecu
tors the right to inform against men
charged with tbcoo offenses Is unconstitu
tional and void.
Mr. Wc t quotes the section of the en
abling act that provides for the organization
of the stnto government of Nebraska and
then cites section 6 of the state conatltu-
tlcn , which provides that "tho people of
Nebraska hereby accepting the conditions in
said act specified. " Section 8 of the con
stitution Is also quoted as follows : "No
neron chall be hold to answer for a crimi
nal offenao unless on the presentment or
Indictment of n grand Jury except In casea
ot Impeachment or In cases cognizable by
Justices of the peace , or arising In the
army or the navy or the militia when In
actual service la time ot war or public
danger , " etc.
Continuing , the brief cites section 10 ot
article I of the new constitution of 1875 , In
whch ) the B UJO doctrine Is repeated , with a
proviso that the legislature may by law
provide for holding persons to answer for
criminal offenses In Information of a public
prosecutor and may by law abolish , limit ,
change , amend or otherwise regulate the
grand Jury system , Under this proUslon the
eglilaturc , In 188S , pawed Chapter L1V of
h cede of criminal procedure , which pro-
rides at length for tha proiecutlon of of-
'enses ' by Information and dispenses with
the calling ot grand Juries , except by order
ot the district Judges.
The argumentative part of the brief Is
largely devoted to an effort to show that
ihls chapter la void under the Interprcta-
lion placed by the supreme court of the
United States on the federal constitution.
It is recited that the point was raised by
Holla's attorneys In April , 1896 , In a mo-
lion , to quash the Information on the ground
that the county attorney had no right to fllo
n Information charging the defendant with
Felony. This continuation was not sustained
by the court and Bolln was arraigned a. few
days after. H Is alleged that he stood mute
and refused to plead nnd that the court
entered plea of "not guilty. "
The proceedings la the supreme court ,
where the same point -nas raised , are also
cited , as well as the fact that Bolln was
sentenced to the penitentiary for nineteen
years on several counts and also to pay a
flno of over $200,000.
"Without Due Proem * of I.mv. "
The brief then proceeds to argue that the
proceedings were erroneous In that Bolln
was deprived of his liberty "without due
process of law , " the contention being that
"duo process of law , " In the view of the
United Slates courts , means that an Indictment - .
ment must be returned by a grand Jury. It
Is asserted that the people of Nebraska have
no right to adopt any constitutions ? provision
that will take away or abridge any privilege
that Is secured to them by the federal
constitution and that the chapter that
Abolishes the grand jury is void on this ac
count. This view la supported by an able
argument nnd by copious citations from the
leading authorities on constitutional law. It
Is also contended that the lower court erred
In refusing to permit the defendant to have
B jury at his preliminary hearing.
HARPER whisky on your sideboard proves
your taste Is correct. It proves also that
you are doing your duty to your guest nnd
to yourself keeping the finest whisky ob
tainable ,
WATER WORKS THE SUBJECT
North Omnlio linpro cincitt Clnh llc-
tintca on Municipal < ) iicrnliln
of the Plnnt.
A debate upon the municipal ownership ot
the Omaha water works plant was the pro
gram Monday night at the meeting of the
North Omaha Improvement club.
The question was debated by J. Y. Craig ,
who upheld the contention that the city
should own Its own water works , and Wil
liam F. Johnson and C. II. Gratton on the
ndgatlve.
Mr. Craig opened the debate. He gave an
exhaustive history of the Omaha water works
from their Inception. Ho said that out of
sixty-eight of the more Important cities
fifty-four owed their own water plant. Ho
contended that Omaha's water rates were
higher than In many other large cities.
Kansas City , Detroit , Milwaukee and New
York wcro operating their own water plants
with the result that those cities had bal
ances In their water treasuries at the end of
the vear.
W. F. Johnson said ho had been unable
to find out whether It paid the present com
pany to operate the plant or not. Ho
thought that hurtful political Influences
wore tha only great objection to the munici
pal ownership. He said that even the Judici
ary was not free from political influence and
he was sure that politics would play an Im
portant part and money would be used to
secure the control of such an Interest as the
water -works.
Mr. Gratton followed on the negative side
and said ho was simply going < io say "Amen"
to what Mr. Johnson bad said , and ho fol
lowed In the same line of argument.
Mr. Craig closed the formal debate by
stating that the actual expense ot running
the Omaha water plant was about $140,000.
Ho Bald that the city paid $100,000 annually
for hydrants and he was of the opinion that
the company received $400,000 yearly from
the city and the people.
Carr Axford was called upon as a volun
teer. Ho thought that the most serious
question > was as to what the city would have
to pay for the plant. B. E. French was In
favor of municipal ownership , not only of
water works , but lighting and other such
public conveniences. John Morrison thought
the city could run the water works to good
advantage. .
The matter was put to a vote and the
affirmative side won out , there being but one
man who voted no. It was announced that
Mr. Qulmby would speak before the club on
the evening of August 14 on the affirmative
side. It was moved that iMr. Prince , engi
neer for the water works company , bo In-
vltcd to speak before the club in ono month
on the negative side of the question , and the
motion prevailed.
SHOWS THEM A GOOD TIME
C'nlidlilnlr * nt AU-Snr-Tleii Don Knjoy
n Ilenl I'lcnnnnt
Evening.
There was a merry time out at the Castle
on North Twentieth street. Samson , the
right band man In the realm of King Ak-
sar-ben V. , sent out word that ho wanted
a lot ot candidates Monday night and he
got them. There were close to 100 who
sought the mysteries of the organization ,
and tor once the Instruments ot torture wcro
In perfect condition. One man declared that
ho" had ridden everything from a saddle tea
a rail , but never found anything that gave
him as much pleasure na riding the > goat
that Is groomed and fed for the exclusive
use of candidates.
Most of the men who cultivated tbo ac
quaintance of the grand mufti and his as-
slutanta wore business men of the city and
they made up a flno class ot subjects. An
effort will bo made to secure a still larger
class next Monday night ,
Hen lit In the TnlU Attain.
"Sleepy" Hewitt , whose actions belle his
name , has been apprehended by the police.
Complaints have been coming in with great
frequency of late , charging that he has been
helping himself to everything- that Is port
able about livery stables. Detectives
Druromy and Mitchell went out Sunday and
found a lot of currycombs and other articles
that Hewitt had stored awny , The young
man Is out on parole from the penitentiary
and word will be sent to tbo warden that he
better ha\e the young man taken back. It
was thought that he would straighten up and
be g6od , and so he was given an opportunity ,
but his promises were not fulfilled.
Llcetum.
The following marriage licenses were Is
sued Monday :
John Whnlen , Bouth Omaha . 31
Lllzlo Kennedy , South Omaha . 28
Adelbert J. Parker. Kansas City , Mo . 34
Ida May Weldon , Kansas City , Mo . 20
Charfes M , Baldwin , Omaha . SO
Mildred A. Lobdell , Omaha . 20
Judd Lc\Is , Kansas City , Mo . 38
Ellen Wall , Kansas City , Mo . 38
Leslie A , Bates , Omaha . , . 21
May Downs , Glenwood , la . 23
A WALTHAM WATCHES
The best and most reliable timekeepers
made in this country or in any other.
The "Riverside" ( / * * . * ) movement is jeweled
throughout'ivlth rubies and sapphires.
For sale by all Jewelers.
PRUNING RNIFE IS APPLIED
Exposition Executive Oomraittes Makei a
More in Interest of Economy.
RUNNING EXPENSES MATERIALLY REDUCED
CannnUilntltifC Dcpnrtmrnln nnit Iln-
clinrKlnnr Kmplojn AVhouc Serv
ice" Arc yai \ ectlcitVorUm n
ot Many Dollar * . .
Tile-Kiln ? 1'Mnr Ann lnr
11 a. m. Indian band , Grand Court
parade.
2.30 p. m. Godfrey's British band t the
Government building.
7 p. m Openlnp of the Kino Arts build
ing. Concert by Oodfrex'.i nrUfoh band on
the piazza of thp Kino Arts building.
8 4i p. m. Pain's Battle ot Manila with
grand fireworks.
The members of the executive committee
ot the exposition were not In session more
than a couple of hours yesterday afternoon ,
yet during that time they did some re
trenching that In the aggregate will amount
to considerable While the members of the
committee have discharged a number of
employes and consolidated sonic of the de
partments , they contend that the succcsi of
the exposition will In no wise be Impaired.
They add that they have had time to In
vestigate since taking hold ot the manage
ment and completing the reorganization and
that they have found that there were a
number of men employed under the old
management whoso services were not neces
sary In the conduct of the exposition. Hence
they say that , as a matter of good business
policy , they have applied the pruning knife
and ha > o now cut off all the frills.
The first thing that the committee d'd
after meeting jcsterday was to consolidate
the Buildings nnd Grounds and the Light
and Power departments. C. V. Gallagher ,
who was superintendent of the > former de
partment , was relieved and Henry Rustln ,
superintendent ot the latter , placed In
charge of both.
The portion of the Department of Admis
sions , looked after by J. J. Points , was con
solidated with the Transportation depart
ment and given to A. H. Lcc , who has had
charge of the latter department. This
change relieves Mr. Points from further
duty.
G. R , Itathbun , who has acted as assistant
to Mr. Points , v\as relieved , as was John
O'Kcefe , a clerk In the Buildings and
Grounds department , nnd M. S. Rolls , an
engineer.
The Bureau of Information was r/oollahed ,
which necessarily left John Boyles without
a Job. This bureau was established some
weeks ago over the protest of a number
of the members of the committee , who even
looked upon It as a needless Institution.
In the Emergency hospital , the services
of S. A. Preston , an assistant physician , and
E. J. Parrotte , a record keeper , were dis
pensed with.
Other * Who flu.
The axe fell upon the neck of C. L. For-
gan , who was designated us a custodian of
tickets. His duty was merely to count out
and hand over to the ticket sellers the
tickets for the day.
Fourteen guards were let out for cause
and a complete reorganization of the forca
nlll bo ordered at once. In addition to tr/j
guards , the services of the flve detectives
were dispensed with. However , It Is prob
able that when the large cuwis couie. the
guird force will be h > err. seil.
Sevur.U of t'e ! men who hsvo Lcen em
ployed In raising and lowenug the flags
wcro discharged , It being found that fewer
men can do the work and do It as well.
J. H. Hadklnson , superintendent of the
Horticultural department , was discharged
and R. Unger appointed to fill the vacancy.
II. J. Penfold was elepted chalr nafl'ot
the executive committee and Miss Nannie
McGough secretary.
Discussing the removals and changes
made , several of the members of the ex
ecutive committee said : "We did this purely
as a matter of business. It was not at the
Instigation or suggestion of any person on
earth. Wo looked at It In a business way ,
the same as we would if running a business
of our own. When the committee reorgan
ized several days ago we discovered that
there were any number of employes who
did not have enough work to Justify their re
maining on the pay roll. Since then wo
have figured around to see It they could not
be provided with additional exposition work ,
and having discovered that we could not ,
wo simply decided to decrease the force and
double up the work.
"In letting these men out we have neither
excuses nor apologies to make. Wo are
serving the stockholders of the exposition
and while we are doing BO , their Interests
are ours and consequently wo propose to
protect them and that Is all there Is to It. "
sioux i\DiAJis : AUK jvow unite.
I'nrty U Made Up of Nuiiirronn Wnr-
rlorn , hiinnwK and I'finooMen.
The Sioux Indians from Pine Ridge agency
have arrived on the exposition grounds aud
already they are proving to be one of the
principal attractions. They came in ovur
the Elkhorn road at C o'clock yesterday
. morning and wcro escorted to the Trans-
' portatlon building , where they will remain
until the work on the water and seweragu
system Is completed , after which they will
be removed to that portion of the Bluff tract ,
south of the Horticultural building , where
their camp outfits and tepees are now lo
cated. Until that time they will bo fed
at the restaurants on the grounds.
The Sioux Indians who are now hero num
ber about 100 men , women nnd children
and are of the Ogallala tribe. Th ; y are
flno specimens , being tall , straight and ath
letic. Many of the men are young , while
others have seen the snows of many win
ters. A number of them were in the
Wounded Knee battle , fought in the winter
of 1S91 between the Sioux and the soldiers.
Old Red Cloud , the head chief of the na
tion , Is not here , Ilia eon , Jack , however , U
In the party. The principal chief who Is bore
U Little Wound , who years ago was consid
ered one of the worst Indians on the reserva
tion.
Toilnj'd Mnnli'ul
following Is the exposition musical pro
gram for today ;
Lieutenant Dan Godfrey's British band ,
afternoon program , 2:30 : , at the Government
building :
March The 'DashliiK ' Lieutenant Bond
Overture The Bohemian Girl Uulfo
Value Ma Charmnnte , Wuldtoufe ]
Selection Reminiscences of Herold .Godfrey
luruo In F Handel
Cake Walk Uncle Rufe's Jubilee..Uolllnson
Selection The Fortune Teller
Victor Herbert
Bohemian Dance , Kottnun
Tarantella Heller
March Funs ton's March Harrlsa
Evening program , 7 o'clock , at the , rine
Arts building :
March Comrades Trempler
Oveiture Le Due d'Olonne. , . , Auber
Selection The Sorcerer Sullivan
\\'nltz Spanish Bongs Fetrns
Snrlnc Song MendelHsotin
.March . El Capltan Sousa
Introduction Act III and Bridal Chorus ,
"Lohengrin" . . . . .Wagner
Waltz Royal Bridesmaid * Dnn Godhey
Fantasia Erjnlnle Jaoobowtikl
Relter Galop , . . .Klkoff
Ice \Vntrr U I'ree.
The refrigerating machine located In the
Machinery building la now In operation and
Is furnishing large quantities of Ice water
The cooled -water is supplied from a largo
tank , which has a capacity ot about fifty
barrels. Faucets are Inaerted In this tank
and cupa are provided.
Jllpjolc Hnom nt the Ii | > f > ltlnii ,
Bicycle races have been carded for tomor
row afternoon at 2.30 o'clock at the expo
sition grounds. The races will consUt of
threa eventi , one tnlU open , one-
half mile open and a two-mile handicap
Already there Is a large field of entries.
The races will be pulled off on the course
at the northwest corner of the grounds.
Them wilt be no admission fee , a ticket to
the grounds admitting to the race * .
Collection of Inillnn Cnrlox.
The collection ot the Indian curio * and
museum owned by Patrick Ryan ot Chad-
rou has been Installed In the Colonial build
ing. It cowlats of 4,000 articles and in
cludes many Interesting things. In the col
lection are numerous articles picked up
from the Custer battlefield on the Little
Big Horn. In addition to the curios there
are several headn of deer , elk , antelope and
other animals , alt mounted.
C'hllilrpn'H DnjTomorrow. .
Wednesday Is down on the card aa Chil
dren's day. It Is not scheduled for the chil
dren of any particular locality , but for those
of the entire world. On this d v the little
folks will be admitted to the grounds , icgard-
less of residence , provided they come
within the age limit , the maximum of
which Is 15 5ears ,
HEARD ABOUT TOWN.
Around the world In 400 days Is the pro
gram which Dan C. Nugent and family anl
Mrs. George L. Hassctt of St. Loula have
mapped out for a Journey vhlch was
started from St. Louis Sunday esenlng at 7
o'clock. The party Is composed of Mr.
nnd Mrs. Nugent and their Interesting
family of four children one son and three
daughters nnd Mr. Hassctt and wife. They
arrived hero on schedule time and left for
San Francisco , from where they will sail
for Honolulu August 9. They expect to ar-
rlvo at the Hawaiian Islands on August 16.
After that cornea a tour of the Orient , com
prising a vlelt to Shanghai , Hong Kong ,
Manila , Singapore , the Island of Ceylon ,
thence to Calcutta nnd Bombay. They ex
pect to arrive In Rome April 6 next , and
then follows an extensive tour ot the conti
nent and Great Britain , during which all
points of Interest will bo visited. August
25 , 1300 , the party will eall from Liver
pool to New York. iMr. Nugent has mapped
out the Itinerary with great rare and ex
pects to make every ipolnt on schedule time.
Joe Welshanger was engaged In superin
tending some alterations In a building near
Tenth and Dodge streets the other day and
while standing near the curb ho made a
peculiar find. He had occasion to take a
silver dime from his pocket to give to a
man and in the act he dropped It on
the ground. He stooped to recover It and
something shining caught his eye. Ho
picked up the glittering thing and after
removing the clay and dirt that surrounded
It disclosed a handsome meerschaum pipe
with silver mountings. On the front of
the pipe was the Inscription " 0. T. Couch ,
silver wedding , Juno 23 , 1868. " A search
through the city directory falls to reveal
an O. T. Couch as a resident ot this city.
A pawnshop at one time occupied the
premises where the pipe was found.
Pcrnoiinl I'tirafrrnphn.
Mr. and Mrs. John P. Cook of Beatrice
are In the city.
John Hayes of Red Oak , la. , Is at one of
the prominent holers.
Mrs. Frank C. Button of Baltimore Is a
guest at the Millard hotel.
Hilt Wescott of Plattsmouth Is In the
city , -visiting the exposition.
Mr. and Mrs. F. P. Shumaker of Cleve
land , O. , were In the city Monday.
Mr. nnd Mrs. Frank Crane of Watcrtown ,
S. D.visited friends In town Monday.
Miss Bertha M. Davis Is spending two
weeks in Denver and Colorado Springs.
Mr. and Mrs. Frank Crahe of Watertown ,
S. D. , are in the city to vipVv the exposition.
Robert S. Oberfelder , one-of the fish com
missioners of Nebraska , Is'a the Her Grand ;
Prof. A. E. DavlG&on , one o'f the Instruc
tors In the college of agriculture , Is In the
city.
city.F.
F. D. Cornell , city ticket agent of the
Missouri Pacific railway nt Lincoln , Is in
the city.
Prominent Lincoln people at the holers
are : L. P. Sir , E. Blgnell , Joe Burrls and
Dora Batchcldor.
Albert Shclps and Joseph Bryant Young
ot Davenport , prominent politicians , were in
the city Monday.
Edward 0. Wild , editor of the St. Joseph
Journal of Commerce , Is in the city to take
in the exposition.
Dr. W. M. Dorward and Mr. H. C. Bromc
left on Saturday for a month's fishing in the
Shoshone reservation.
Dr. George S. Nason has gone to Niagara
Fairs to attend the meeting ot the national
board of dental faculties.
Governor Stanley of Kansas , accompanied
by his wife and a lady friend , arrived in tl.o
city yesterday afternoon for the purpose of
visiting the exposition.
J. A. McCabe. United States Internal rev
enue agent , formerly stationed at Milwau
kee , has been transferred to Omaha and will
be the assistant of Revenue Agent Wbltlock.
J. W. Bowen , formerly city clerk of Lin
coln , and Coloner L. G. Pace are in town
looking up the interests of the Grand Army
ot the Republic reunion , which Is to be held
during the month of September at Lincoln.
H. K. Whltlock. son of Revenue Agent
Whltlook. has returned from Denver to
spend a few weeks looking over the exposi
tion. Ho was a member of the Fiftieth Iowa
regiment In the Spanish war and is tempo
rarily located In the west for the benefit of
his health.
At the Her Grand : W. J. Reynolds , Crip
ple Creek , Colo. ; J. A. Payne , Hamburg , la. ;
Robert S. Oberfelder , Sidney. Neb. ; H , C.
Eddy , Chicago ; Herb Northey , Dubuque , la. ;
T. J. McDonough , Chicago ; J. E. WeM ,
Rushvlllo ; Warren S. White. San Francisco ;
Mrs. C. II. Stlnson , Fort Morgan , Colo. ; F.
W. Peters , St. Louis ; B. Normes , Buffalo ;
George A. McNutt , Kansas City ; Charles
McArthur , New York ; W. C , Brooks ,
Beatrice.
Nebraekans at the hotels ; F. L. Joy , Fre
mont ; George F , Burr , Lincoln ; B. F. Mar
shall , Jr. , A. J. Wllklns , York ; Charts H ,
Wlnshlp and son , Fremont ; J. H. Evans ,
North Pfatte ; A. V. Whiting , Lincoln ; E.
P. Meyers. Ogalalla ; Smith Wlnchell. Clark-
son ; W. G. Blmonson , Alliance ; F. G. Honle ,
Ogalalla ; J. S. Cranncll , Crab Orchard ;
Charles Eatlnger , Nebraska City ; J. M
Hanna , C. A. Bailey , Alnswortb ; W. H.
Girdersleevo , Wayne.
At the Millard ; Frank C. Williams ,
Charles C , Cummlngs , Philadelphia ; James
C. Watklns , George F. Smith , New York ; F ,
R. Loeb , Rock Island ; J , E. Scott , Detroit ;
Mra. Frank C. Bolton , Baltimore ; F. Erarael ,
St. Louis ; S. A. Myers , Cbarres Trover ,
Plttsburg ; W. A. Doano , New York ; Mr.
and Mrs. C. E. Hale , J , A , Colbln , Kansns
City ; B. F. Ankeny , E. Crawford McClure ,
Alliance ; F. W , Johnson , Deadwood ; B. M.
Kultz , New York ; D. C. O'Rlell , Portland ;
George Russell , Illon ; F. E. Wagner , Minne
apolis ; W. S. Shearer , Des Molnes ; F. H.
Mlirard , Milwaukee ; W. E. Peebles , Pender.
IS YOUR BACK BREAKING ?
Docs it feel that
* aj ?
It's \vnrnlng tlmt
your kidneys nro giv
ing
Help thorn !
The kidneys need
it , or they wouldn't
ask so sharply for aid.
Keep the kidneys
right , and good health
vrill always be your
portion
How vrill you do
thatTake
Take
the modern , scientific , practical up-to-date medicine that banishes kidney
backache , kidney ailments , sleeplessness and urinary disturbances In either
adults or children.
The first dose of Kid-Ne-Oids works wonders
a week's trial will oftimes cure mild eases take a
\ \ box or two and your kidney trouble will disappear.
Disordered kidneys are Indicated by pains In the back , distress or
fullness after eating , scanty or scalding urine , weakness and chills , pains
In the loins , nervousness , sleeplessness , loss of vitality , swelling In limbs or
body or both , and sediment In the urine.
Kid-Ne-Oids are in yellow tablet form put up in boxes sell for fiOc n box
at all drug stores your druggist -will tell you of cures they effected here
at home he will vouch for the truth of our every assertion.
Morrow's Liverlax cures constipation , biliousness , costiveness they
sell for 25c a box at all drug stores.
KId-Ne-Olds and Liverlax , manufactured by John Morrow it Co. , Chemists , Springfield , Ohio.
For Sale by Myers-Dillon Drug Co.
BACK FROM THE PHILIPPINES
Coriiornl < ioor o liiillry , I.ntr of the
'inventSecond Infantry , TnlUM
o : the AVar.
Corporal George Bailey of the Twenty-
second Infantry arrived home from the
Phllpplncs Sunday morning , his term of
service having expired last month. He Is a
guest of a leading hotel. Corporal Bailey
had many Interesting things to say of con
ditions and experiences In the Phllpplnes.
"I read In one of the papers this mornIng -
Ing , " he remarked to a reporter , "that the
Oregon boys who have Just returned from
the Manila campaign characterize General
Lawton as an Indian lighter of Insufficient
ability to cope with conditions In the Philip
pines. Politicians will make capital out of
statements like that , although they are un
true. I have fought under the Rcnernl
since the beginning of the Spanish war. I
have been under Shatter nnd Otis , too , nnd
have ha-1 a chance to compare their methods
and worth.
Of the Three I.nwlon In Oloxt Knielent.
"The rank and file of the army have little
confidence In Shatter as a general. They
have less still In Otis. I have been In forty
engagements under his command nnd not
once has ho appeared on the fighting line.
That Is not the kind of man the bo > s want
for a leader. Favorites with the fighters
are men like Funston , La ton , Joe Wheeler
and Miles. The soldiers who nro fighting
In the Philippines want a change of gen
erals and they want as Otis' successor coo of
the last three named.
"General Lawton Is an Indian fighter , as
the Oregon boys dub him , but he can fight
Filipinos as well as Indians. The Orcgonlans
say he was not aggressive enough , would not
give the Filipinos battle. On the contrary
he fought twenty-two engagements , winning
them all , and had a fatality list ot only six
killed and thirty-one wounded.
"In all the engagements that have been
fought the Filipino loss has not been much
greater than ours. The "round robin" of
newspaper correspondents told the truth
when they said that important factl have
been suppressed by the censorship. The
Filipinos are putting up a good fight and It
will require moro troops and a flrEt-claen
general to subdue them.
"At San Isldor we learned that the enemy
had eighteen American prisoners. One of
the number , an artilleryman , left a letter
under the planks of a prison floor telling
about their capture and the way they ate
treated. As a general rule the natives UEO
prisoners fairly well ,
"U was the Twenty-second Infantry men
who charged up Mellnta hill the day Colonel
Egbert was killed. The bullets were flying
thick and fast. The Americans routed the
natives out of their trenches and then oc
cupied the places they left. That afternoon
men lying In the trenches on both sides of
me less than a yard distant were killed and
I thought I "was pretty lucky to escape with
out even n wound.
"Thero were a number of singular in
stances where men < werc saved from death
seemingly by miracles I Tliere was one
private who fell at Alarlqutna. In addition
to his belt of cartridges he carried a small
pasteboard "box contalnng twenty cartridges
In the bosom fold of his blouse. While
withdrawing a cartridge from his belt a
Remington 'brass ' bullet passed through the
back of his band , through the flrat of the
two layers of cartridges In his boaom and
doubled up a cartridge In the second layer
so firmly as to still retain the braes mlssle
In the fold. As the box was directly over
his stomach the close call can be appre
ciated. "
My Records Talk No , 44
I have n complete record In my of-
flco of every person whose eyes 1 have
ever examined. I keep these leroidx
classified , numbered and Indexed , I
can turn at ouco to any name and can
give you full particulars of the condition
your eye- * were In at that time. If
your eyes have changed I can tell you
how much and In what way. If you
have bought glasses of me and they
have been broken or lost I can supply
a perfect duplicate. If you are out of
town and lobe your glasses you can
mall an order to mo and another pair
will be promptly sent you.
J. C. Hutesou ,
Manufacturing Optician ,
Kndnki , Camera * 1020 Donirlai St.
aud Supvllei , Omaha.
TAX ORDINANCE DIES EASILY
Council Vo < on la IMnce It on Flic
Mnnlcliml Onnernliln of the
Wntpr Work * .
The council said good-bye to the proposed
\chlclo tax ordinance Monday afternoon In
Committee and placed It on flic. Nothing
more \\\H \ come of it unless the unexpected
happens. No rollcall was taken on the mo
tion to place It on flic and the vote was a
somewhat doubtful one , but a majority of
the members seemed from their remarks to
be against It.
When the ordinance was taken up protests
from the wheel clubs of the city were read.
Blngham then said that he had talked with
a great many owners of vehicles , from rich
men who owned x largo number to poor
men who dro\e express wagons and hardly
made a living by doing so. He had found
none In favor of the scheme. The express
men , especially , had objected to paying the
regular tax on their property , a license fco
and then In addition to these two a tax to
maintain the pavements. There was no tefl-
Ing , Blngham said , uhcrc the process of put
ting special taxes on them might not go.
He made the motion to file.
The point was raised that the city could
not legally Impose another tax , and Mercer ,
the Introducer of the ordinance , admitted
that It probably could not. But bo did not
think that anyone , would resist its enforce
ment In the courts for so small an amount.
He said , however , that he had introduced
the measure simply as a suggestion for a
means to repair the streets , and if the coun
cil did not agree that It was a good one , he
would bo content to BCD it killed , The mo
tion to place on ttle was declared carried.
O iiorHhlii ofVnlcr Work * .
Municipal ownership of the water works
cropped up again. Stuht said that It was a
fit bubject to consider in connection with
the repairing of tto pavements. If the city
owned the water ystera the city woufd save
ao much of what It now paya for street hy
drants and there trould be plenty of money
in the general fund to repair pavements ,
Next June , Stuht eatd , the city would be en
abled by law to purchase the water system ,
and It was none too soon to take the mat
ter up.
Blngham said that for the last two months
the chairman of the- fire , water and police
commlttco had had the matter In mind , Bur-
raeleter Is chairman of the committee men
tioned.
The council received a protest from Anton
Gsantncr ngnlnst the moving of the houm
of Mrs. Stundon to the vicinity of Twelfth
and California streets. It came out that be
cause the city had allowed Mrs. Stundon to
occupy a part of Dodge street for fifteen or
twenty years she had become a waul of the
city. A ploe of ground had been leased for
her from the Union Pacific railroad , but
lately the road had needed the ground and
her house had been moved off. The council
promised to look the matter up.
The opening of Thirteenth street north
was talked of , but nothing nns done. It
was suggested that If the .street were not
paved at once the objections to the opening
offered by Herman Kountzo might be with
drawn.
All weak places In your oystem effectually
cloned ngalnst dlsenao by DeWltt's Llttlo
Early Risers. They cleanse the bowels ,
promptly cure chronic constipation , legulnto
the liver and fill you with new rife and
vigor. Small , pleasant , sure ; nc\cr gripe.
Touched for n Twenty.
A man from out of town , who would not
give his name , told the police that ho was
"touched" In a wine room Sunday night for
a { 20 bill. Ho was unabto to glvo the
woman's name who had relieved him of hH
cash , but was able to give n description that
enabled the ofllccrs to place her under ar
rest. She owned up to having taken the
money nnd tendered the cash to the man ,
who said ho would not prosecute tor the
reason that he did not want any publicity
In the matter.
So Many
People
Have headaches that are
due 'to ' the over tasked
eye Eye helpe that help
and relieve are the kind
wo have been , furnishing
Our optical department
IB In charge ot a compe
tent and practical optician
who will examine your
eyes free of charge W
guarantee aatltifaotorjr
work.
THE AIDE & PENFOLD CO. ,
Lending flclentlDo Optician * .
140& Farnatn. OMAHA.
OPPOSITE PAXTON HOTEL.
If You're ' Warm
Gel one of our IR ) ! palm lonf fans
they're fiee for the nskhiK Iliey will
keep you cool and our welted solo oxfords -
fords will keep tha hottoms of your
feet from burning narrow shoes nnd
Unlit hules innlui miiny n Here foot In
hot weather tlio liest whoc made for
nny one tlmt. Is on Ills feet a grout
deal IH a heavy writ wo hnvo a per-
' feet foot-form shoe In light 1op or oxford -
' ford Htylo tun nnd blnck with heavy
1 welt holes wide enough for the bottom
of the foot to re.st on the nolo not on
1 the floor not simply ono line of thono ,
I hut many lines-Hi $ . ' { ,00 , $3..V ) nnrt
! $1.00 Drcx. L. Shooman' usual hlu ? ;
value.
Drexel Shoe Co. ,
1410 FARMA1I STREET.
It's ' a Great Combination
Tills reduced profit and popular-
priced idea of ours hut it's beginning
lo tell already people that know what
pianos arc ate not slow to grasp the
opportunity of purchasing mich stand
ard Instruments tm the new scale Kimball -
ball Knabe Kranieh and Bnch or Hal-
let & Davis wlirn prices are reduced
as we have rcdiurd them then our easy
terms make It possible for all to avail
themselves of Die chance Have you
fcppn our exhibit of Klmball pianos In
the Liberal Arts building ? this Is worth
your time to see ,
A. HOSPE ,
W * l brte cut
vmrtmrr Oat. S3r , ISO * .
Jlnslc and Art 1510 Dougta *