THE OMAHA DAILY BEE: FRIDAY, JUJNE 8, 1i)00.
V
9
V
NEW BOOKS AND MAGAZINES
Scribaer's Sons Present Two Volnmei of
Very Commendable Short Stories.
FOR THE QUEEN IN SOUTH AFRICA
.Itilliui Itulpli' rw ok "TiMrnrd
1'rctorlii" Story h- .iurrvr llnl
fimr nml Mnny Other Xp
Works of Interest.
Tho Scrlbncrs have teJcn'ly brought out
two volumes of stories that deserve more
than a Inprn nat-lurr nntlx. ItntinH. ev.nMl.l.
ton's book bears the title "Toomey and 1
Others" and Is n collection of stories In
which tho nuthor describes with fidelity
latho and buuior tho variegated life In Now
York's crowded districts. They are all ,
rong, cienn stories, told simply nnd for-1
elbly, and clvo an imer-eiin,i Mnr.i nf .
fcomo of tho moat picturesque sides of New
Vork. Wo beenmo acquainted with all
these lowly folk same tlmo ago In the pages
or a magaz nc. finmn nf them am plmllv
met again and most who read Mr. Shackle
ton's book will find n smile or two and
probably a tear between Its covers. Price,
J 1.53.
Mr, Arthur Coalett Smith has made him
self known as a writer of some of tho best
short ttorlrn which have appeared In the
magazines In recent years. Some of these
stories aro collected In the -volume entitled
"Tho Monk and the Dancer." Published by
the Scrlbners. These stories of Mr. Smith's,
evon the slightest of them, havo that subtle
aristocracy of oxpretslon which marks the
Inference between tho production of u good
worxman and that of an artist. Tho book
Is handsamely made, the publishers evi
dently bcllovlng heartily In the excellence of
the wares thoy had to offer for sale. The
little volume should bo widely read. Price,
J 1.50.
"The Garden of Kden" by Illancho Willis
Howard, also published by tho Scrlbners,
Is strongly characteristic of Mmo. von Tuct
fcl's best manner. It eluborntea with great
sympathy and insight one of the distinctive
questions of modern society. Iicsldo tho llfo
of tho heroine, with its eloquent appeal
from tho conventional acceptation of the
seventh commandment, thero are minor
scenes and persons of the story done with
a charming fidelity. It is a long time slnco
a better novel than this one haB come from
a contemporaneous author. Tho story is
something better than a club with which to
kill the passing afternoon and deserves a
full measure of success. Price, $1.50.
Mr. Andrew Ilalfour does not mint tho
ineasurn of adventure In "Vengeance Is
Mine," and tho quality of much of It Is ex
tellent. The Scottish coast In the early
year of the century, when JacoblteB were
"till living and tho love of the house of
Stuart was still an article of faith, when
smugglers throve nnd a wreck was accepted
o.i a gift of fortune, Is but the iolnt of de
parture for tho hero, who, French on his
mother's side, has an experience on board an
Kngllsh warship, feels tho cnt-o'-nlne-talls,
jisascs through a sea fight, deserts and drifts
to Corsica, where- he Is captured by tho
tlcrccst of banditti, and thence to Elba, In
lime to accompany Napoleon on his expedi
tion for tho rcconquest of his crown. Water
loo closes the record. To fill the measure
to the brim, tho heroine comes out of Amer
ica, per tho wreck aforesaid. The story
contains some spirited work, notably the
episodes of llfo and war at soa. Tho ro
mote Scotch llfo of those days, too, Is well
described. Now Amsterdam IJook Co., New
York. Price, 1.50.
"For tho Queen In South Africa," Is a neat
little volumo by Caryl Davis Hasklns, con
taining six stories of the Zulu war. One
of the number, which Is tho complement of
"Thn Mutiny of the Mavericks," shows how
an Irish spy for the Hoers died fighting with
1h Irish Legion at Johannesburg. Other
stories In the volume are: "Tho Full-Back
Tells the Story," "The Unrecorded Cross."
"The. Winning of tho Sword-Knot," "At tbo
Zareba" and "Judge Not." Tho stories are
nil entertaining and they arc very timely,
os all eyes havo been turned to South Af
rica watching tho course of events. There
Is something about war stories, when well
written, that appeal to a largo number of
readers, nnd tho present volumo will no
doubt meet with a welcome reception,
l.lttle, Hrown' & Co., Boston, Price, $1,00.
Julian Halph's "Toward Pretoria," which
people Interested In tho South African sit
uation havo beon eagerly looking forward
to for fcorao tlmo. Is nt hand. Mr. Hnlph
went to South Africa at tho beginning of
tho war as tho representative of the Lon
don Dally Mall. His writings aro ulwayo
Interesting and Instructive. Having trav
eled all over tho world, he has tho experi
ence that gives breadth of view and makes
his observations valuab:e. Mr. Ilalph ac
companied Lord Methucn's column and his
nccount of tho various marches, skirmishes
and battle participated in by that corps
aro most vivid. Tho various experiences
of oldieru iu camp are recounted most cn
tertalnly and a pretty good Insight Into
Boer character nnd tactics are given, it
Is more 'Interesting than any piece of fic
tion could bo and most any reader would
enjoy It. It Is by all odds tho most Im
portant book published thiw far on the
South African war. Frederick A. Stokes
Co., New York. Price. $1.50
"Arden 'Masslter," by Dr. William Barry,
Is an attempt to record In fiction tho
story of a great Italian houua In its lent
days, as effected by tho contrasting Influ
ences ot a changeable tlmo. It may bo
described ns u romance ot real llfo with an
historic and religious background. It
abounds In dramatic situations and 1$
briefer and more slmplo and direct than
"The Two Standards," which attracted gen
eral attontUn a year ago. The nmno Is
that of a young Englishman of socialistic
tendeucles, who quarrels with an nslsto
rratlc father and goes to Italy as special
corrtarondent of tho London organ of so
cialism. Tho story practically begins with
what may bo eallod bis accidental murder
of a member of tho powerful seerot soclsty,
the Camorra, with whose chief Mastltor
cornea tutu close relations, Thero Is n
distinct love story running through the
plot and ono romantic event follows an
other with little Intermission, tho action
helng wrought out by forces characteristic
of the closing ot tbo nineteenth century.
The Century Co., New York. Trice, $1,50.
Wo read somo books because ot what wo
know of their authors, nnd some nuthors
we wlh tc meet because of what we know
of their books. "The Angel of Vlay" is oi
particular Interest to the artistic as well
aa tbA literary world and will be read be-
QUO VADIS
Will bo played at the Boyd Theater all this week and you should not miss teeing
thU great play. To understand It thoroughly you should read the book, For
the coming week we will sell tho Curtain translation, the only translation au
thorized by Stenklewlrz, In l.lttle, Brown & Co.'s popular edition. Publisher's
price $1.00 for COc. Other books by the same author, In uniform binding, at
same price.
MEGEATH STATIONERY CO.
Tel 234.
1308 Faniam St.
cause of what Is known of Its author, Wit
Ham Ordway Partridge, the- sculptor, Tue
uvcl has for Its theme "The Soul's Awaken.
Ing." The book Is written from the Anglo
Saxon standpoint, rather than of the Latin
quartler, and Is r-'lbly the first of Its klnrt
from an author who Is at once an Amerlcah
and a prominent, actor among the uccnes
which he depicts. All of the characters nre
drawn from life. It Is an entertaining stotj
nnd must give a correct Idea of tho lire
depleted. 0. P. Putnam's Sons', New York.
Price. 11.25.
Katharine Do Forest, an American woman,
has written an entertaining volume, "Pane
An It Is," which, In view of the number o:
peoplo Intending to visit tho world's fair
at Paris, should meet with large pales. Tho
book has been written for those who wlsti
I,0. Ket, ,"?n ,lhe '"8!de" " '"'
H Is In effect a sort of extension of
the guide bookn, giving with much verv
0,1,1 cntlro lntllnac' 011 account of the peo
),e' homo m,c m!J Pacos f interest-to i
,,,,', ""u,n' """'.
political life. etc. It Is Just tho sort o
'"formation that a clever frl
1,1 Varl c0,,,(1 supply Indlst
ciever iricnu, resiuin
ly Indispensable to a
Iu" understanding and enjoyment of the
French capital, but hitherto not attainable
by a visitor until after a long stay. Double
day, Page & Co., New York. Price, $1.25.
Truth to nature alone won't make a story
Interesting, but tho talcs of tho "Chronic
Loafer," by Nelson Lloyd, have the added
merit of being amusing and entertaining In
themselves. The humor has tho genuine
country store flavor. There Is the horse
play and the hlt-hlm-ln-thc-neck stylo of
repartee, but there Is also a lot of the
subtler fun of men of great natural shrewd
n&s. The Loafer himself is an astute cross
roads philosopher and his creed suits his
leisurely manner of life: "Travel comf'tablo
th'oo this world. Travel slow but alius keep
a movln. Yo can see tho country ei ye go,
stoppln' now an' then to fish trout, or take
a bang nt n coon, or nt tho store to discuss
a lectle. Don't live too fast don't live too
slow live mejum," J. F. Taylor & Co., New
York. Price, 1.25,
"A Kent Squire: Helng a Record of Cer
tain Adventures of Ambrose Owyuett, Rs
quire, of Thornsbaugh," by Frederick W.
Hayes (with sixteen full-page Illustrations
by the author), Is a seml-hlstorlc English
romance of tho early part of tho eighteenth
century, In which the adventures of tho
hero carry him Into France and Holland
nnd Involvo him to nn extent In the In
trigues of tho courts of three nations. It
Is nnnounccd In the preface that the story
Is based upon recordH In tho British Mu
eoum, nnd, so far as leading charactera arc
concerned, Is historically correct. Although
tho colloquial phraseology and feminine ccs
turning of tho Illustrations are both too
modern, the tale as a whole Is fairly well
told. Tho F. M. Lupton Publishing Co.,
Now York. Price, $1.50.
Hooks nf Fact,
John Jay Knox, for seventeen years comp
troller of tho currency, collected during his
lifetime a vast amount of data for the pur
poso of writing "A History of Banking In
tho United States." Slnco his death his
friends, assisted by nn nble corps of finan
cial wrltors in the various states, have car
ried out his plans and the work Is now at
hand. It Is a handsomely bound volume of
880 pages. The article on banking In Ne
braska is contributed by H. W. Yates of
Omaha, which gives the book a local Interest.
No banker o.r student of banking should
fall to read this, tho most exhaustive work
on banking In tbo United States that has
been published. Commencing with the co
lonial period, every phase of banking is
closely examined up to tho present day and
It is a most interesting record. even to the
general reader. Bradford, Rhodes tt Co.,
New York.
A. Radclyffe Dugmorc has done a most
valuabio service for natural history In his
splendid now book, "Bird Homes." it Is not
a child's book, Intended merely to amuse
with Us Illustrations, but It Is a most thor
ough and painstaking work for tho general
reader and student of ornithology. It glvss
an Intimate account of the nests, eggs and
breeding habits of the land birds that nest
In the eastern United States. It Is the first
time that this fascinating subject has been
adequately treated for the general reader,
and tho book is a revelation of bird "per
sonality" In raaey ways. Particularly nota
ble are tho Illustrations (In color and black
and white), all of which were made directly
rrom tho nests and birds by the author.
Tho notes on bird photography and on tbo
rearing of young birds give Information not
attalnablo elsewhero nnd of great Interest
to nature-lovers and students. Doubleday
& McClure Co., New York. Price, 2.00.
Hooks Received.
"Stanford Stories: Tales of a Young Uni
versity," by Charles K. Field and Will II
Irwin. Doubleday, Pago & Co. Price, $1.25
"Frultfulness" (Fccondltc), by Etnlle
Zola; translated and edited by Ernest Al
fred Vlzetelly. Doubleday, Pago & Cx
Price, $2.
"Tho Apostles' Creed; An Analysis of Its
Clauses, with Reference to Their Credi
bility," by Archibald Hopkins.
"Tho Kentucky Campaign; or the Law
the Ballot and the People In the Ocebel
Taylor Contest," by R. E. Hushes, F. W
Schaefer and E. L. Williams, Tho Robert
Clarke company, Cincinnati. Price, $1,73.
"Love's Equality; A Study In Sixteen
Parts," by Anna E. II, Satterleo. The Edi
tor Publishing company, Cincinnati.
l.lternry Notes.
Tho June number of tho lionkinan (the
summer reading number) has a special
cover bv CI. C. Parker uml ronlnlna imnnr
other articles a valnahle paper on the Boer
as is well known, Is the military critic of
tho London Post.
In Cnsscll's l.lttle Folks for June an
ninuslug story of a monkey nnd a tortolso
's Included. It U called "The Topsy-Turvy
Tortoise. " Another very interesting article
is a ucvoiea iiiru .Momer. There aro
mans other uood thtnirs In this best nt nil
'ho children's magazines,
Tho second number of the Omnhan wns
ivtn better thnn the flmt. whlMi iu mi'im.
i irood deal, and now the editor Is promising
"till greater things for the third number,
SffianiTre TxcMe S? beTng? proiul ft
i puDiinmon possessing ho mucn urtistlo
wid literary morlt.
The recently established American
Museum Journal alms to bo "a popular rec
ord of the progress of the American
Museum of Natural History" of New York,
'ts evident purpose Is to make known In nil
ireeahle und nontechnical manner what
ever Is of general Interest lu the scientific
work, expeditions, collections nnd current
accessions of tho museum.
Many beautiful supplements have been
turned with Truth In the past, but never
anything moro charming than that whlcn
'UTOHi:unlei the June number. The title
Is "A Narrow Kscape," aud the scene a bit
of summer landscupe with two very real
children Intent upon the capture of a big
butterfly. Thu picture Is a faithful copy of
Karl Wltkowskl's painting, nnd Is alone
worth more than tho price of the magazine.
The above books aro for sale by tho
Megcath Stationery company, 1308 Farnara.
REFUSES ALL MEDICAL AID
Christian Scientist Won't Pirmit Physicians
to Trut Her Htnbaad.
READS SCiPTURE QUOTATIONS TO H'M
.Irrrj Srilitnlck Is Ilnilly llnrt In mi
Aeuldrnt nml Dor torn Who Offer
Their Pert'lccn Arc Asked
to Stand Aside.
J. n. Sedgwick, formerly custodian of tho
city "hall, was thrown from his buggy yea- J
terday, Biistalnlnu Injuries which may
provo fatal, but his wife, who is a Chris
tian Scientist, will not permit a physician
to attend him. He Is now at his home, 910
South Twenty-fifth avenue, where he sits
proppcd llp ln a cnar perU8,'ng charts on tho
wall nnd listening to the reading of scrip-
ture.
A complaint has been filed, charging his
wife nnd daughter with Insanity.
Dr. Ilalph, usolstant city physician, ac
companied by Sergeant Wotsenburg, In com
pliance with orders received from the
mayor and chief of police, went out to the
house to examine tho patient. At the door
they were met by Mrs. Sodgnlck who at first
refuted to admit them, saying there was
nothing the matter with her husband, but
finally, upon the doctor's promise not to
attempt to administer medicine or treatment
of any kind, she let them ln. The doctor
found the patient blocdlng from the nose,
mouth, ears and from a Jagged wound In
tho side of hla head. Ho seemed dazed nnd
only partially conscious. In the room with
him were his wife, daughter and a Christian
Sclcnco "demonstrator," who was called
Mrs. Laugtry.
"It Was tJoil'n I'rnvlilentlnl Will."
"God will tako care of him," said the lat
ter, as tho physician and officer entered.
"It was not an accident; It was Ood's provi
dential will."
Then sho resumed reading from the bible.
Tho only concession Mrs. Sedgwick made
to rational treatment was to wash the
tlood off her husband's face as It oozed
from tho wound and from his nose, earn
and mouth. At Intervals she would stop
long enough to turn a chart, of which there
were several on tho wall In front of tho
patient, nil bearing scriptural quotations In ,
large characters. Occasionally she would I
repeat one of these extracts to tho Injured
roan, who Deemed not to hear them.
After a cursory examination of the wound
tho doctor withdrew.
"From all appearances." said he, "the
man Is very seriously Injured. There Is
probably a fraeturo of tho membrane at the
baso of tho brain nnd It may bo that htn
skull Is fractured. Developments of tho
next twenty-four hours will determine
that. I can't tell for certain now, unless
I can examine blm under more favorable
circumstances."
Dr. It. M. Stone of the Presbyterian hos
pital, who was upon tho scene a moment
after the nccldcnt occurred, nnd whose
proffered ministrations were refused by
Mrs. Sedgwick, has made affidavit in tho
office of tho clerk of the district court that,
In bis opinion, tho woman and her daughter,
aged 18, aro Insane. This affidavit was
brought to tbo attention of the Insanity
board, comprising Drs. Broadwell, Keeley
and Tllden, who went immediately to the
houso to investigate the charge. At the
same time a warrant was Issued In the sher
iff's offlco for the nrreet of the two women,
but thin will not bo served until today.
Mutt the Accident Oconrred.
At 8:45 a. rn, yesterday J. B. Sedwlok,
known to his .friends as "Jerry," hitched up
his horse and buggy intending to drive down
town. Tho stable Is In the rear of his home,
910 South Twenty-fifth avenut, and Is sur
rounded by trees, underbrush and stumps.
Just as he stepped Into thn vehicle the
horse, becoming frightened at something,
plunged forward; the buggy struck a stump
and was overturned, throwing Mr. Sedg
wick out. His head struck a log nnd he lay
on the ground unconscious.
Several boys who saw the accident ran to
the Presbyterian hospital, which In less than
a half block away, and notified Dr. 11. M.
Stone, who hastened o the spot. But in
tho meantime Mrs, Sedgwick and her daugh
ter had arrived. The doctor approached and
stooped over the man as he lay bleeding
ln the weeds,
"Who aro you and what do you want?"
asked Mrs. Sedgwick, attempting to push
the doctor away.
"I am Dr. Stone from the hospital," an
swered the physician.
"Well, wo don't need you, and we must
ask you to please go away."
"But the man Is severely Injured. What
right have you to Intcrfcro?"
"I am his wife and this Is his daughter,"
Indicating tho girl, "and wo are scientists
and don't believe In doctors or their medi
cine. Besides, he's not hurt. He's Just
bumped his head a little."
Not relishing tho Idea of a tussle with
two women ln tho woods with only school
'boys for wltncaBcw, and realising that he
had no legal right to force his treatmont
upon tho patient over the protest of an
adult relative. th doctor withdrew.
When he left the man was still unconscious
and was bleeding freely, especially from the
ears. He says he Intends to make a test
case of this to establish the status of the
Christian Sclenco cult In cases wherein a
human life Is in Jeopardy.
IlemoiiNtrntnr Itenda Scripture.
When tho threo physicians of the Insan
ity board called at tho Sedgwick homo
they met with the same chilly reception
that was accorded Dr. Ralph and Dr. Stone.
Flnally, by resorting to strategy, tliey
gained admittance. Thero thoy found tbo
Christian Sclcnco "demonstrator" rocking
comfortably In her cushioned chair, exud
ing an atmosphere ot calm, serene equi
poise and reading scripturo with tho air ot
one upon whose bands time Is a burden.
Tbo patient seemed to bo suf
fering Intense pain. His muscle?
twitching, bis eyes
lcssly from object to
wandering help-
object, he seemed
an(t Imperfectly conscious ot what ,t
an mwiu. .uuaununo ni who was inuui-
uiousiy uiriiiug I'mms anu sopping Up the
blood ns It flowed from him, though Ji
mads no attempt to staunch It,
Ileport Patient Out nf Unnuer.
At a late hour laat night the patlont was
reported "entirely out of danger." A re
porter who called at the house was mot
on tho porch by Mrs. Langtry, the "demon
strator," and an attorney and n few min
utes later Mrs, Sedgwick Joined tho party.
"Yes," eald the latter, "my husband Is
all right, perfectly sound and wo!!, Thero
Is not a scratch or a bruise on him. Ho
has been walking around the house and
grounds as usual and now he has gone to
bed, He talks ot going down town and re
suming bis business tomorrow."
fTbls was concurred In by the attorney
and Mrs. Langtry.
"Are you a Christian Scientist:" asked
tht reporter, addressing the attorney.
"Yes," was the answer. "A year and a
half ago I was cured ot on Incurable did.
ease nnd ever since then I hivn had Mm
I faith."
During this conversation the "demon
strator" had beimed upon her companions,
nodding her head with tho vigor of ono who
not only concurs, but concurs very much
Indeed. A sort of seraphic smile played
about her mouth as she remarked:
"Your account of this wo very far from
the truth. I haven't read it, but It wns
very incorrect."
Asked wherein It was wrong, her face lit
with an Inerrable joy aa she replied:
MWhy, you said J was rockiuc la a
cushioned chair, when In fact I wns sitting
In a common dlnlngroom chair. And It
was not true that Mr. Sedgwick suffered,
or that I read to him from tho bible."
"What did you do?"
"Well, you wouldn't understand. Suffice
to say, Mr. -Sedgwick Improved from tho
moment I entered his presence. His pallor
subsided nnd he rapidly regained his natural
color."
"But what did you do?"
The "demonstrator" hesitated. Theo sho
said: "Though I didn't speak a word, 1
was contradicting everything the so-called
doctors said while they were examining
him. I willed that he should resist their
statements nnd that ho should fix his mind
on the truth."
"The reporter won't understand that,"
Interrupted tho nttornoy,
"No, I suppese not." sho purred.
This closed tho Interview.
There is a strong probability that Mrs.
Langtry nnd "Dr." Chadwlck, both of whom
"treated" Mr. Sedgwick, will be nrrestcd
today on a charge of practicing without a
license.
When you deposit your vacation coupons
pin them together. It will make the count
ing quicker and easier.
GIVES HOME RULE NEW LIFE
(Continued from First Page )
trnynt of our trust. Whatever may bo I
tho effect of our decision upon party In
terests, we shall still resolutely endeavor
to net In obedience to tho maxim, "Flat
Jutltla, ruat coelum." nnd It will not bo
necessary for counsel to point out that It
w rne uuiy or tne court io no us nuiy.
The offensive brief has been stricken from
the files. The application for a Judgment
of ouster against the lesjiondenta Is de
nied. To the oolnton Is added tho statement
that Judge Holcomb concurred upon the
last point dlscusied, but upon tho other
questions oxprcsscd no opinion,
Nnrtnl Adheres to Ills First.
Judge Norval presented the following con
curring opinion:
I adhere to the conclusions reached by
the majority of tho court lu State iigultiKt
Moores, In my view that decision rests
upon sound legal srlnclnles mid that tho
arcumcnts of the majority opinions have
never been successfully answered and are
believed to be unanswerable. Believing, us
I do, that tho net under which tho gov
ernor's appointees were named Is vlolntlvo
of tho constitution, the respondents should
not bo deprived of tnelr offices, The writ
should also bo denied on tho ground that
tho judgment ln State ugalnst Moore?,
suprn, Is conclusive against the parties to
this second cause.
Following Is tho syllabus of tho opinion:
1. Whcna state Invokes the judgment
of a court for any purpose It lays, aside
Its sovereignty and consents to be bound
by the decision of tho court, whether such
decision be favorable or adverse.
2. Courts possess a portion of the sov
ereign power; they nro authorized by tho
constitution to decldo between litigants and
authority to decide Implies always power to
mako their Judgments effective.
3. A public .officer Is regarded as being
In privity with his predecessor when both
derive their authority from the samo
source.
t. A Judgment against a public officer
In regard to, a public right binds his suc
cesior tn office.
fi. Briefs containing- matters disrespect
ful to the court will bo stricken from tho
flics,
Alliyn Frank Must Answer.
In the case of the Stato against Albyn
L. Frank, an action Involving the validity
ot the act fixing the salaries of clerks ot
tho district court, the supreme court re
versed the decision of tho district court of
Douglas county ln refusing to Issue a writ
of mandamus compelling Frank to make a
report of the fees received by him as clerk.
The causa Is remanded with directions to
the district court to award tho peremptory
writ. (
The defendant In this cose'deiiled that the
law was properly enacted., and It was this
point that tho court was, nsked to decide.
In tho syllabus of the oplulon, wrltteti by
Judge Sullivan, it is held that:
The enrollment, authentication and ap
proval of an net of the legislature are
prima facie evidence of Its due enactment.
Tho legislative Journals may bo looked
Into for the purpose of ascertaining
whether ft law whs properly enacted. Tho
.sUnnr nf the leclxfatlvn Inurniils la not
conclusive evidence of the non-pxlstenco of
a fact, which ought to be recorded therein,
regarding the enactment of a law. When
the legislative journals are defective,
mutilated or Incomplete their sllonce will
not. ns against the enrolled bill on file
In the office of the secretary of state, he
taken as evidence that the yeas and nays
on the final passage of tho bill were not
recorded as required by the constitution.
In suoh case It may be shown by extrinsic
evidence that on tho final passage of a bill
the yeas and nays wero taken and duly
recorded. A law, general In character,
although affecting but one city or county,
is not violative of the provision of tho
constitution against special legislation.
The act or 1SW, Session iaws. cnapirr
x
com
iln.4
oes not amend or chante section 1 of said
chapter. Nor does such amendatory act
irencn upon or amrnn reuuuii u.
uKi oCfC'l893 resnectinc
f deputies by clerks of
xix. compiled ataiuies oi
f li n onnnlnrir..nt nt rienllHt
the district court. The act of 1W9. Session
Laws, chapter .xxxl. amending section It,
chanter xxvlil. Comnlled Statutes of 167
entitled "Fees," limits the compensation
which a clerk of the district court may re
ceive for his services, Is germane to tho
section amended and Its provisions nre
within Its title.
Cnnrt Unhuliln the I.nvr.
The caso was appealed to tho supreme
court after tho lower court refused to lssuo
tbo order compelling Frank to make an ac- I Bna cxprcss their conviction that the Jack
counting of tho fees received by him as sonan crowd Is rather tickled over the turn
clerk of the district court. In deciding tho
cose tho supreme court says that thu
amendment passed by tho lost legislature
was gormano to the sections amended and
It was clearly embraced within tho title of
tho amendatory net. Tho original act on
tho subject of fees was adopted ln 1865 and
fixed tho charges and compensation of
clerks ot the district court. Tho law
passed by tho last legislature, nmendlng
mo rormer net, provmea mni u me rets cr
the clerk of a district court should exceed
$1,G00 per annum ln counties having less
than 23,000 Inhabitants, or If the fees should
exceed $3,000 In counties with uot more
than 50,000 Inhabitants, RG00 In counties
of not moro than 100,000 Inhabitants, or
$3,000 In counties having more than 100,000
Inhabitants, nil receipts In exceiis of the
amounts named should be paid Into tha
county treasury.
Tho objections urged ln support ot tho
allegation that tho law was Invalid wero
that tho Journal of tho houso of ropresenta-
Uvea docs, not show tbo concurrence of
that body In n certain sonato Emeadmar.t
which becumo a part of tho enrolled b 11
and that upon tho final passage ot the bill
In tho house the yeas and nays woro not
entered upon tho Journal as required by
section 10, article III, of tbo constitution.
Tho court asserts that there Is somo con
trariety of Judicial opinion touching the
power of the courts to annul a statute for
a failure on tho part of tho legislature to
evldcncn Its proceedings In the manner pro
scribed by tbo constitution nnd that the
adjudged cases are almost evenly divided
as to what constitutes tho best evidence ef
the statutory law.
j Frank lllhbnrd Out of n Joh.
I The court refused the application of Uep-;
uty Food Commissioner Hlbbard for a writ
' of mandamus to compel the auditor to ap
prove his clnlni for salary for services pcr
forraed'under the food commission law. Tho
. court holds that:
I Ullls muklng npproprlatinns for snlarlos 1
or omccrs or mo siuio Government are
prohibited by section 19, article III. of the
constitution from containing u provision
on any other subject. This constitutional
I restriction Is not confined alone to officers
created by thu constitution, but extends
I to all officers of tho stato government,
whether their salaries are fixed by tho
constitution or their compensation Is left
to legislative discretion. While n nrnrtlrul
Interpretation of the coi.stltutlou by thn
legislature win not i ugiuiy (iifcregarileil
lu doubtful cases, yet when the langUHgn
of tho constitution is free from nmblrukv
an Interpretation thereof by th leglilkUva
t ln Invoked In ntilllfv I
tho fundamental law. The deputy fooil 1
commissioner created by chapter xxxv, lawn
nf Is nn officer of the state govern
ment and not a mere employe. Section 12
of chapter xxxv, making appropriation fur
the salary of deputy food commissioner, U
Inimical to section 10, nrttcle 111, of tho con
stitution, since other portions of said net
contain legislation upon another subject.
f. n ... n. I n - I 1fll.t.AH.l 1 .1.1. ...It I..
i ViUlllllllbaiUUCI I1IUUAIU UVllll IUIN HUH 111'
thn atmremn emit! Alulltnf. rrtt.ntt fnfitef.il I
to approve his voucher for salary on tho
ground that tho section of the law making
the appropriation contained other provisions,
thereby rendering tho appropriation Invalid.
The decision of tho court renders Inoperative
tho pure food law nnd removes the only
source of compensation of olllcers and em
ployes of tho food department.
yiic't't'NNor to County Attorneys.
The court decided for the second time that
a vacancy In tho ofilco of county attorney
must be filled by appointment nnd that the
appointment holds until his succc:sor Is
elccteJ and qualified. Election for county
nttorney can bo held only In oven num
bered years. This decision was In tho case
of the Stnto ex rcl. Thomas B. Barker
against the Board of County Commissioner.!
of Saline county, in tho election of 1S9J
Barker received a majority of the vote cast
at the election for county attorney. The
case was appealed to tho supremo court
with an application for a writ of mandamus
to compel tho county commissioners to ap
provo Barker's bond. As tho election oc
curred In an odd year tho writ wns denied.
In tho case of George Baltcs against the
Farmers' Irrigation district ct al., tho court
held that section 2, chapter TS of the laws
of 1803 authorizing Irrigation districts, under
certain circumstances, to use their bonds,
Instead of tho proceeds thereof, In acquiring
or constructing Irrigation ditches or canals
Is a valid enactment. The legislature may
ratify or validate a sale or exchange of
district bonds which wns not authorized at
the time such sale or exchange was made:
and It may provldo a method of disposing of
such bonds different from the one existing
at tho tlmo they wore voted.
CITY OFFICIALS (iHHATI.Y I'MJA SKD.
Mnyor Moores Tosses Supreme Court
liiMtlecs IIiiiiiIxoiiic HoiKiurtN.
Tho decision of the supreme court de
nying the writ of ouster In tho caso ngnlust
tho Board of Fire and Police Commissioners
was greeted with undisguised tutliushdm
In tho city hall.
Mayor Moores, who was personally Inter
ested ns chairman of tho police commis
sion, spoko In tho highest terms of tho
judge3 rendering the decision. "Judge
Sullivan has shown hlmnjlf," .,o said, "enp
ablo of rising nbovo any privato or political
consideration nnd has demonstrated Hint ho
is an nblo nnd impartial Juil.'t. Judgo
Holcomb, by his voluntary retirement from
nny participation in the case, has also
proved that he dors not allow any partisan
bias to affect his Judicial conduct.
"Tho case was ably prcnented to the su
premo bench by City Attorney Connell anil
really thero could scarcely have been any
other decision than tho one handed down.
It was evident thnt If permission were
given to open tho caso again there need bo
no end to Its opening and reopening. If
tho decision had cone the other way It
would certainly havo Injured the chances
of tho fuslonlst cause next fall, because of
tho firm Idea of tho merits of the ca3
formed In tho minds of the people of Ne
braska." Commissioners Minkovsky. Kennedy,
Heafey and Collins also expressed their
gratification at the outcome of tho suit,
although each said that he had expected
no other outcome, In view of the plain facts
In tho case.
UKMOCft.VTS
AIM?
nisri.KAsi'.n.
Decision of the Supreme Court Fills
Them with Dnsneiikahlr Wrath.
Considerable Joud talk was heard last
night wherever there wero found two or
moro democrats. It was not duo to Joy
or enthusiasm. On the contrary It was at
tributable to an unmistakable state of
wrath and disappointment over tho decision
of tho supremo court In tho police commls-1
slon case. Thoso democrats who wero moat
dismayed by the decision, which knocked
galley-west their schemes for political ad
vantage, wero heard variously estimating
the dimensions ot tho republican majority
In this county this fall, and some of them
could not even hazard a safe gucBB, being
diffident as to acknowledged possibility of
making It too low. They were not dis
gusted so much over the tenor of tho de
cision, some of them evon going so far ni
to admit that It was right as a matter of law,
but they wore sore becauso tho court had
ever allowed the attorney general to begin
tho action nt thu time he asked permission
to file the application to reopen the case.
Probably the sorest man over the decision
Molso of the governors staff, who has been
conducting the Poynter campaign In this
" Promises of what he would do
' when tho new commission should bo upheld
I hv tho sunremo court. Of course this do-
i c,8on will ,cprVe him of the power to de
liver the goods to tho many to whom he
had promised Jobs as policemen, as well as
to such as ho hoped to bring into line by
promises of pollco protection. Colonel Molse
was so sore that ho would not talk about It.
It Is probably because of the dire effect
tho decision will havo upon tho colonel and
i his lieutenants that the latter entertain
tno aft'nlr has taken,
!
OMAHA SOLDIERS GREET OTIS
I.nte Covernor CJencrnl of the Phil
ippines I'iiumos ThrniiKh the City
i: n route to Wnslilnirtnii.
Clcneral K. S. Otis, formerly military
Bovernor of the Philippine IslandH nnd com-
manjcr-ln-chlef of tho American forces,
passrrt through the city yejtorduy aftornorn
enrmlto froin Manila to Washington, whero
hn ...m mat, a report on the condition of
the Islands to President McKlnley.
(lenernl Otis' stop In Omaha was brief,
but It permitted nn oxchango of compli
ments between Ocneral Otis and his nldes
and attaches of tho Department of tho Mis
souri, who were at the station to groet tho
distinguished officer. General Otis was ac
companied by his two aides, Captain Sladen
an(i Lleutonnnt Stnnloy. Tho latter officer
Was formerly attachod to tbo Twenty-second
Infantry and was In charge of tho first de
tachment of soldiers which took pcssesslon
of Fort Crook prior to Its occupancy by the
entlro regiment.
Tho Omaha officers who greeted General
Otis were Colonel F. II. Hathaway, Colonel
Kimball, 'Mujor Harrington K. West, Cap
tain Grote 'Hutcheson, Lieutenant Dela
mcru Skerrett, Colonel Thcodoro Wlnt of
the Sixth cavHlry at Fort Riley and Lieu
tenant Hartman of Fort Niobrara. Dr.
Swartzlandor also hnd n brief Interview with
General Otis relative to the condition ot
the trcops ln tho Philippines, 1i!h Interest
being especial owing to the presence of bis
sen In the Islands,
I .
"Dasp Queen"
Jl fragrant ptrfumt, rich In tht
swtttntss of field and forest.
Delicate yet lasting.
Sherman A WeConnell Drug Co.,
rtlyerS'Dlllcn Drug Co.,
Kuhn S Co.
department cannot
A CASE OF EXTRAVAGANCE.
OU never cut off
cake of soap and throw it away I Yet you
pay twice the price of Ivory Soap for a cake
of "tinted" toilet soap less than half as
large. Your little cake of toilet soap costs you four
times the price of Ivory, for it lasts only half as long
and costs twice as much. No money can buy purer
or better soap than Ivory. If it came in dainty
paper, all scented and colored, you would pay fifteen
cents for a very small cake of it.
SENIORS TURNED ADRIFT
Naughty Clan Fiaiihea Iu Oeurte and Bids
Ainu Hater Good Bji.
EXCELLENT CLASS DAY PnOGRM GIVEN
Honor firnriiintrH Demount rn to to Ad
miring: Friends thnt They Arc
Worthy the llnjx tilth 'Which
They Arc rinrlnnilril.
The class of 1900, largest ln numbers aud
highest lu scholarship of any ever grad
uated from tho High school, celebrated tho
most Impressive ceremony of Its academic
career Thursday afternoon. Inasmuch as a
single out-of-town speaker will appear on
commencement night tho class day program
was filled with productions ot honor grad
uates. The event rather overshadowed tho
final exercises because of tho personal In
terest taken by parents and friends of the
130 upper classmen. Those who were given
the prominent places on tho program were
the honor graduates: .Miss Mary Kdholm,
valedictorian; Wlllurd I.ampe, class orator;
Dwlght I'lercc, class testator, nnd Miss
Joanctte Nowlcan, class historian. Ad
mittance to the auditorium in the school
building was by ticket and the loom was
crowded to the aisles.
The president's address was delivered by
Arthur Jesscn, who dwelt generously t'l
reminiscence and advlco to the Juniors, now
obliged to contlnuo their academic career
without tho kindly guidance or disciplinary
measures of tbo class of 1000. The class
president was followed by Miss Augusta I.eh
mann, an accomplished pUnlst. and Miss
Uessle Andress, to whom was entrusted the
first part of tho clnss history. The final
chapter 'was disposed of by MIjs Je.inette
Nowlean. The young historians took a back
ward view from the standpoint ot the year
2098.
After tho vocal trio, "Spring," which was
well rendered by Miss Caroline Purvis, Miss
Udlth Dumont nnd Miss firnco Kdwards, Wll-
lard l.ampc entered Into "A Dofenso of tho
Classical Course." The vocal solo, Denza'a
"Como to Me," was sung by Miss Mae Nau
dain, who has a mczio soprano voice of
unusual range and sweetness, Another
pleatiing voral number was the duet, "Tho
Two Cousins," rendered by Miss Ituth Wil
son und Miss Bertha l'hllllppl. The ssng
was arranged ln tho form of an operetta,
tho cousins helng supposed to havo crtered
Into a discussion ot nn evening's gaiety Just
concluded. Miss Henrlotta Kees delivered
the class poem, which was cleverly devised
by herself, and Miss Joslo Fcaron and Miss
Hattlo Hehfeld gave u piano duet.
Tho class prophecy was worked out on n
novel Idea originating with the rel," n?
class. Tho scene was laid ten years iu lis
future In the home of Miss Eflle LeVoy, who
acted as hostess of the afternoon. Tho card
of Row Theo Robinson was presented and
the clergyman entered, accompanied by his
friends, Lester Klrschbraun, Stebblns Teal,
Arthur Smith and Ray Knode. Rather over
whelmed by such a deluge of old friends
Miss LeVoy was able to summon to her cs
slstnnco ln some mysterious wny Miss K1U
abeth McConnell, Miss Bertha Clark, Miss
Brlglo MoArdle and Miss Lillian Roblson.
Tho dlaloguo dealt with old times and fate's
How Would You Like To Be-
nrox I. Shooniun'' Ho knows a ffood
thing when ho Hoes It nnd It you want
to lu next you should como to our ston
and wo our nnw line of misses' and
children's strap Hllppefs-tho Ideal hot
weather slioe-Wc have them In three
btyles of buckle and bow to match color
of slipper black, Ian or patent calf
Misses' sizes, 11, to 1!, $l.'J.r) to $1.75
Chlld's sizes, 8Vi lo 11. ?1.00 to $1.50
Youni,' ladies' sizes, UVj t T, ?1.7.r to
$2 00 Wo linvo atlded ti new line of veil
Htrap sandals In .1 to 8, $1. -:; Mi l H.
$1.50 -They are the correct tliliiK for
summer.
Wo lmve a few of those men s shoes,
tl. till and 7, nt fc'l.oo.
Drexel Shoe Co.,
Omaha's Up-to-date shoe Haa.
1419 FARNAM STREET.
Organs! Organs! Organs!- .
Wo want you to conio and see what
we have iu now nnd second-hand orKiins
Our fine Kimball ortfiuiB aro ncknowl
edged to be the bpst In the country ami
wo havo now one or two Kood second
hand ones that aro going cliea), also
orsnns of various makes which wo are
offering at ?15, $20, $25, $20 and $35
all In good shape aud genuluo bargains
Solo agents for Mason & Hamlin organs
and the Kimball pipe organ.
A. HOSPE.
MhIo nri Art, 1613 Diotlii.
three-quarters of a new
disposition of tho various members of tht
class ot llioo.
Tho program was concluded by tho class
song, written by Miss Helen Hedlngton, nnd
tho valedictory by Miss Mary Kdholm, tho
latter number being far above tho usual
production of the kind.
Save your coupons and help some , girl
tako a trip.
STINE IS
ENTHUSIASTIC
Prosper! for Itepuhllrnii Snecesn
.Next Fall Are All thnt Can
lie Desired.
O. 1". Stlne, secretary of tho National Re
publican league, was In Omaha yester
day consulting with President' C. K. Win
ter of the Nebraska league on matters per
talulng to tho organization. Mr. Stlnc's
headquarters are In Chicago, but will bo re
moved shortly temporarily to St. Paul fur
tho national convention of the league, to Im
held thero next month. Tho secretary Is
enthusiastic over the conditions favoring
republican success nnd expects tho clubs
represented In thn national Ieuguc to play
nn Important part In the Impending presi
dential campaign.
Don't you know some deserving girl who
ought to havo a vacation? Cut your vaca
tion coupons from The Bee and save them
for her.
Itepiihllenn Press llnrenii Opened.
A literary bureau has boen opened at
republican stute headqunrters which will
keep In cIok- toueh with thrt republican
press of the stuto and fnrilltntc the
circulation of material sultuble for cam
paign reading. L. A. Williams or Ulnlr
Is In charge of the bureau, and he will be
nsslsteil by K, J. Weekes, 13, V. Owens,
Hurl Mnpes nnd K. W Slmeral.
Save your coupons and help some girl
take a trip.
llnllilhiK Permits.
Tho following building permits have been
Issued by the city building inspector:
A. C. Cong. 702 North Fortieth, repairs,
JtfiO; Christ Koch, all South Twenty-sixth,
addition, ?200; It. C. I'etors. Ml!) Jones, re
pairs, JIO.
You can voto as many times as you want
to in tho Working Olrlo' Vacation Con
test. Cameras
Given
Away !
Next Saturday, June 0. nt 2 p. m.
wo will glvo away free 50 Vive Cam
eras. Tho only condition of this
gift I that you must purehaso the
first dozen 2,jx2a plates (at only 25c)
at tho time of securing the camera.
Remember the camera Is absolutely
free. Regular price of the plate Is
30o a dozen, Wo will null them at
25c.
THE ALOE & PENfOLD CO.,
Amiittur Vhotogritfihlr btippttri,
1108 l'tiriiani Oinithn
Opp. l'axton Hotel.
