TILE OMAHA DAILY BEE: SATt'HDAY, APRIL 27, 1901. FASTS TWENTY-ONE DAYS fe&tric! Man Eu Eatta No Food Sine Otod Friday. SAYS HE HAS CALL FROM CREATOR Tnatra othlnu but Ilcntrlec M'nt:r nail Announ'H III Inlrnllou of . Lit Ink It tor the Full Fu. ty ' imATKICi:. Neb., April 26. (Special.) Henry i.'ordes of this city, begn a forty day fast on Good Friday, and so far he lias lot partaken of food of any kind, and hao drunk carcely any water. Mr. Corded U a member of the Methodist church, and tells his friend', thai he has received a message from (lod asking him to fast th full forty da a. He h 3.1 years of age, and nan born In Indiana, and It Is snld he lias i brother now living nt Sycamore, lnd. For some time prior to Good Friday he hoarded at Kllerbeck fc Smith's rcstaur int. on Court street, and la rooming there now. The)- at .dunned, lest he should 1I on their hands. He lias failed pbylcaily apldly during the lait week Wh'n he began the fast on Good Friday weighed K0 pounds. Today he Is some A Great I j EDWARD ) National Left in a Worn-out and Exhausted Condition by the Grip, His Kidneys Became Seriously Affected, But He Was Completely Cured by That Wonderful Remedy. Warner's Safe Cure. All Persona who are snffcring in anyway, should go to-day Free Samtle of Warner's Safe t -. r,A rxIVi,VlWSt,r.,JtV. mmmmmmmm "J. ..v... 00 090 o 2V-, ,.,,j To these KUcsslUt the correct or narMt correct number of ;t I'rlze A ;500.o0 Emcroo Flano valuu UOO.OO 2nd prlie 1 "Deusmore" Typewriter, value KXT.OO Urd prize 1 lot la Council muffs, value 100.00 Ub prUe 1 Wbeeler & WlUon Sewing Machine, value.. 60.00 Mb prlie I Huslness College Scholarship, value 60.00 6th prlie 1 Tailor-made Suit, value 15.00 7th prize 1 Ladles' Tailor-made Suit, value ...s 40.00 $th prize 3 ladles' Custom-made Shirt Waista, value JIO.OO Vth prize 1 Standard Dictionary, value 11.09 Total 11.500 and a Tic. USE The Bee Publishing Co. , Ojiaha, Neb. GUESSES ON DOTS Answers"" Puzzle Department, The Omaha Bee, Omaha, Neb. thirty pi-Juds lighter So far bii rnaMtr has only been known to a few of his most intimate friends, but the fact leaked out this morning, and caused a great, deal of comment. No medical aid has bn sum-moned. BANK DEPOSITS BREAK RECORD Heavier lij- titer Three .Million IloU lnr TliHti Krr llcfnrr In LINCOLN', April 26 (Special Telegram ) Secretary Royse of tb State Banking board has completed a comparison of all reports of the conditio!, of state banks is sued alnce the organiratloa of his depart ment. The romparlion shows that the gen-' era! deposits in 'he state banks on March 1, the date of the last statement, were W.SlLMJ.Ti. greater than In any previous year In the history of the department. In lSe. when tfco high water mark was es tablished, the deposits amounted to J:v adl.ua.2P. This year the deposit amounted :o 2S.10,a;2.01. ( Mick 111k (ftiiirilinii. HASTINGS, Neb., April 2S.-(SpeclaU-Aruthur Campbtll has llled suit In the Flrat distrlrt court for Judgment of $7-19.05 from John II. Campbell, who has been officiating an his guardian for fourteen years. The plaintiff Hllegcs that on or ttbout June 20, l'&T. John n. Campbell was appointed guar dlan of Arthur Campbell, a minor, a'ld that the said John H Campari thereupon Labor Leader Speaks. : CARROLL, former President ot the Building: Trades Council. Is Well Again. from after effects of the Grip, or to the nearest druggist and get a Cure sent on application. Aildre&s Sampie Department, Warner's Safe Cure Co. Rochester, N. Y. COPYRIGHTED. FEBRUARY 11. 1900. $1,500 IN PRIZES THIS BLANK IN ALL CASES. Enclosed find $ , scription account. Name , Street and No Where paper Is delivered. Postoftico State, Where paper Is sent. Are you taking Ths Bee Now? If not. when do you want it started? gave a bond for J5P". enditloned upon tie proper discbarge of his duties as guardUn and for the payment to plaintiff cf money that might coma into his hands while act tng as guardian. The plaintiff further says that April IS, I'M, a final accounting was bad and It was found there was still '$749.05 In the hands of the guardian which belonged to plaintiff. As the money wis not turned over on demand Campbell brought suit for same. AUBURN YOUTH RAMPANT Miuot nt III llrotlier-ln-l.niv ami '1 lirentriiw to Tnkp 111 Ohii I, Ifr. AUBURN, Neb., April 2. (Special.) Reuben Hrott, a oung man, Is In the county jail to await the action of the dU trlct court on a charge of shooting with Intent to kill, He got a gun and called at the home of his sister and asked for hir husband, declaring that he was going to kill htm and then take his own life. Later he got sight of the brother-in-law and 1 fired, but missed him, and did not carry out the balance? of the program. Mrs. Ellen S. Judson desires to bear from her son, Fred I. Judson, who left Fullerton, Neb.. In August. 1SS9. His father, Hosea F. Judson, died some months ago and Fred Judson Is needed at Fullerton In order to close up settlement of his father's estate Kansas City and Galveston papers please copy. 7 Chicago, Feb. 26, 1901. Warner's Safe Cure Co., Rochester, New York. Gentlemen: I feel that Warner's Safe Cure certainly deserves a word of praise from me, because I have been benefited by it to an extent unlooked for when I began using it. The effects of the "Grip" left me in a wornout and exhausted condition, affecting my kidneys, but two bottles of vour medicine made me feel so much better that I decided to use the third, which practically completed a cure for me. EDWARD CARROLL, Ex-President National Building Trades Council. whose kidneys are diseased bottle of Warner's Safe Cure, dots The Ilea will gtvu the following prizes: 10th prize 1 Standard Dictionary, value 12.00 11th prize 1 Ton Coal, value 5.50 12tb prize 1 box "Kirk's" White Russian Soap, value.... 3.00 Uth prize ONE PIO, aluu J 14th prize 1 Sack Oslden Sbcaf Flour 1.25 15tb to 24tb 10 bottles Cramer's Kidney Cure, value.... 10.00 Jith to 35th 10 pair Orpheum Scats, value 10.00 36th to 50th 14 volumes recent Button, value 18.75 Also Art Ftctures and Hooks, valuo 510.73 Date received A.M. Tiro I'M. ,to apply on my sub- SUSTAINS PROUT'S ATTITUDE Dtdiion of Judp Sanborn im Rack Islaid Bailrua Action. HISTORY OF CASE GOES BACK EIGHT YEARS Nchi-nnl.fi StocU (IroiTera Soon to Meet In Alliance Striking Journc) men I'lnnilicm Refuse to Compromise. LINCOLN. April 16. (Special.) The de cision of Judge Sanborn of the federal court In the Itock Island railroad case sustains In every particular the position taken by Attorney General Trout In the supreme court. The state court held that a pre liminary restraining order of the federal court to restrain the attorney general from collecting penalties from the railroad com pany for violations of the maximum freight rate law was "utterly and absolutely null" for the reason that It was repugnant to the eleventh amendment of the federal con stitution. On that question Judge Sanborn In his opinion holds that the enforcement ot the rule, that the court which first takes Jurisdiction must retain and exercise It to the exclusion of all proceeding In other courts until Its jurlsd.ctlon Is exhausted by the final Judgment or decrees by its effective execution, Is Indlspcnslble to re tent unseemly conflicts between courts and their officers and "confusion worse coun founded." The hlMory of the case dates back to ISM, nhen'the federat court Issued an order restraining the Rock Island Railroad com pany from reducing its rates to those pre scribed In the maximum freight rate law and prohibiting the attorney general and other state officials from attempting to en force the proWsions of the act. The in junction was never vacated. During his last term of office ex-Attorney General Smyth Instituted proceedings against alt of the principal railroads, ex cepting the Burlington, to recover alto gether over $1,000,000 In penalties. Some of these cases were for violation of the maxi mum freight rate law and others wero for violation ot an order Usued by the State Hoard of Transportation. The supreme court of '.hi Hate subsequently declared the law creating the Board ot Transporta tion to be unconstitutional and all cases brought for violation ot the board's order were therefore dropped, A few weeks ago the case against the Rock Island was called for hearing before the supreme court and the attorneys for the defendant company appeared with tho Injunction Issued by the federal court back In 1S03. The supreme court then held that the restraining order was null. It Is this ruling that the federal court has overrulcl. It Is likely that all cases brought by tLc former attorney general for violation of tlio maximum freight rate law will have to be dropped, unless, of course, the Injunction Is vacated by the federal court. The opin ion nt Judge Sanborn touches this point and It Is the belief of attorneys who have read It that to vacate the injunction tho federal court would have to reverse Its own decision. If these cases arc dropped all ot the penalty litigation 'against the railroads. Instituted by the popocratlc at torney general at a time when the fusion party of Nebraska was sadly In need ot campaign capital, will have been swept from the calendar. As to tho ruling of the state supreme court on tho question of Jurisdiction, JtKge Sanborn says: Cniir lllilr All Dlarimiainn. "The opinion In Smylh against Ames con cludes all discussion ot this question. We are all bound to abide by that decision, be cause It is the supreme. !i,'.v of tho land. That caso presented the pamc unconstitu tional law, the same pleadings, the same issues of tact and the Identical question of law upon the determination of which this suit hinges. The supreme court of be United States there decided that this court bad Jurisdiction to issue, and that It right fully Issued Its writ against the attorney general of the state of Nebraska, enjoin ing blm from bringing and from aiding In bringing any suits or proceedings to enforce the provisions of the maximum freight rate law of Nebraska. In view ot this conclusive adjudication ot the very question here tn issue it would be an Idle task to distinguish or review other cassi wherein other questions, such as the power of a court of equity to enjoin criminal pro ceedings', were Involved, as In Fritz agalmt .McGee. 173 U. S., 516. 531, and HarkradT against Wadlcy. 172 V. S-, 14S. 169, 170, and we refrain from their consideration or dis cussion. It Is enough that the highest court In the land, the court by whose de cisions courts, counsel and citizens alike are bound to abide, has authoritatively dj- termlned the very Issue Involved In this case, and here wc must leave It. Injunction Milt In Force. "This suit, then, was commenced In 1S03; this court at that time obtained Jurisdic tion ot the subject matter of this litiga tion, of tho issue whether or not this iav of Nebraska was constitutional and en forceable and of the parties to this suit, the lallway company and those who were then acting as officers of the state. It rightfully enjoined the company from re ducing Its rates to those prescribed by the law, and It lawfully prohibited the attorney general ot the state, and Its other officers, from enforcing Its provisions. That In junction has never been vacated or modified and It still remains In force. Vulcanite Company against Folsom, 3 Fed., 509. The defendant, Frank N. Frout, Is prosecutlig actions commenced In 1900. six years after this suit was begun, to recover of the de fendant railway company penalties to the amount of J450.000, because It obeyed he Injunction of this court and failed to re duce Its charges to those specified by 'he unconstitutional law. "In other words, the effect of these latar actions Is to toll off to another court 'ho question which has long heen and still Is properly In litigation here to severely pun ish one of the parties to this suit for t'.s obedience to an Injunction lawfully Issued upon a prayer of the complainants in this court and to forestall and nullify any de cision and decree of this court regarding issues of which It first lawfully took Juris diction. lmuroirlet- l Mnlfrl. "The Impropriety, the Inadmissibility ot such a procetdlng in the light ot the funda mental rules ot our Judicial systems, to. which we have now adverted, Is so mani fest that we have no doubt that the learned attorney general, when bla attention Is once directed to them, will at once perceive the propriety and necessity of suspending all action in other courts involving the un constitutionality of this law and the right and duty of thH railway company to reduce Its charges to those there prescribed, until this court, which first acquired Jurisdiction of the Issues and the parties, has finally determined the questions presented. r'The court of appeals has frequently re quired tbe federal courts ot this circuit to stay their bands and to hold their suits lu abeyance until the final determination by the state courts ot issues ot which those courts first acquired Jurisdiction. Gates against Buckeye, 53 Fed. 961. Zimmerman against Sorelle, &0 Fed. 417, 419. I.' the state courts had first taken Jurisdiction of tbe Issues Involved In this suit we should have gladly followed the foregoing de cisions, but tbe rule applies whero the fed eral court first takes Jurisdiction as well as where Jurisdiction Is first acquired by the state court Kufnrrrnirnl l liillirnaalilr, "The enforcement, ot tbU rule, that tb court which first takes Jurisdiction must retain and exercise It to the exclusion of all proceedings In other courts until Its Jurisdiction Is exhausted by the final Judg ment or decree and by Its effective execu tion, Is Indispensable to prevent unseemly conflicts between courts and their officers and 'contusion worse confounded,' The maintenance ot this rule requires that the defendant, Frank N. Frout, acting as at torney general of the state of Nebraska, shall not bring or prosecute In any other court any actions or proceedings Involving the constitutionality of the maximum freight rate law of Nebraska and the rights and duties of this railroad company there under to reduce Its rates to those there prescribed until the final determination ot this-suit, and that the Jurisdiction and power of this court to determine those Is sues, to render and enforce Its decrees In this case shall be left unlimited and un vexed by any such proceedings. "The supreme court decided In Smyth against Ames that this court rightfully Is sued Its Injunction to this effect against the then attorney general ot the state of Nebraska upon the came facts which the supplemental t'll alleges and the demurrer admits condition the rights and remedies ot the parties to this suit. "There is no escape from the conclusion that tbe complainants are entitled to the same relief against tne present attorney general of this state. He has no higher right or better authority to proceed against this railway company, subsequent to a de cision of the supreme court that the law under which he Is acting Is unconstitu tional, than his predecessor had to proceed under It before that decision. New Orleans against Citizens' Bank, 167 V. S. 388, 389," Ileclalou Mlnborntrly Dlnnccted. Attorney General Prout argued along the same line before the supreme court a few weeks ago and tbe federal court sustains him. Whtn tbe case was argued at Omaha before Judge Sanborn the attorney general presented the decision and opinion of Jus tice Sullivan of the Nebraska supreme court, together with all the authorities therein cited, tn resistance ot tbe applica tion ot tho railroad company for an Injunc tion against him. Tbe decision was elabo rately dissected and held not to state tho law by Judge Sanborn. .rhrnnkn Stock Gronrra. Members of the Nebraska Stock Growers' association will meet In Alliance on May 13 for a two days' annual session. Besides the usual number ot lectures and papers on stock raising subjects, the program ar ranged by the officers ot the assoclatto contains several new features, among them a ball and reception to be given by tbe clt lzcns of Alliance to the visiting stockmen and their families. Prof. Burnett of the department ot animal husbandry of the University ot Nebraska will lecture on "Beef Cattle" and Prof. Peters of the United States experiment station will speak on the "Advancement Made In Combating Contagious Diseases." Regent E. Von For rell and Mr. 11. F. Mcintosh of Omaha arc also named In the program for addresses. Profs. Peters and Burnett will speak at .the opera house In the evening on the "DIs eases ot Cattle" and will Illustrate their remarks with stercoptlcon. Reports ot oftl ccrs will be received tbe second day ot the session. Election ot officers will close the formal part of the meeting. Auditor Weston will soon Issue warrants to members of the First regiment who paid their own transportation to Nebraska. About 200 of the volunteers returned home before the regiment and all of them paid for their transportation from San Fran cisco to the point ot muster in this state. According to the provisions ot the bill passed by the legislature each man will be allowed S37.50. Mrikern ltrfnor tn Coninromlnc. The -striking Journeymen plumbers of this city ,met last night and refused to com promise with the master plumbers. Tbcy agreed to stand by their original demands. Speeches were made by several of the lead ers tn the strike and all advanced tbe opln Ion that the masters would soon be com pelled to nccede to their demands, as the real heavy work of tho spring Is not yet under way. Then senior class of the University of Ne braska was entertained at two receptions tonight, one tendered by Chancellor and Mrs. Andrews and the other by the Junior class. The Lincoln Ice company has arranged to Install an Ice manufacturing plant In this city to compete with the P. H, Cooper company. It Is said that prices will be lowered by the new company to an extent that will probably bring on an Ice war with the competing concern. Representative Marshall of Otoe county u In the city taking treatment for rheu matism, from A-blch he suffered greatly during the last days of the legislature. Sue I'nui Stockholder. The Mergenthaler Linotype company han brought suit for $3,000 against Henry F Hockey, Milton Schwind, Frank D. Eagtr and William F. Schwind, stockholders of tbe Post Publishing company. Because of fail ure to publish the obligations ot the cor poratlon the Mergenthaler company Insists that the stockholders are personally Uabln for the debt. The State Banking board today chartered tho McLean State bank' ot McLean, X:b. It Is capitalized for $10,000 and incorpor ated by F. M. Hopkins, W. T. McConnell Theodore Haeppner and Cliff A. Smith. Auditor Weston today Issued state war rants to the Cudahy Packing company ot Omaha for $3,000 and W. J. Bryan for $1,200, these amounts representing tbe amounts contributed for the transportation of he First regiment from San Francisco to Ne braska. THIEF ROBS WHOLE FAMILY Help lllnmrlf to Money from Ever). Iiotl)', .Vt Kxt-rptlnK Hired Girl. AUBURN. Neb., April 26. (Special.) The home of Benjamin Thompson was en tered last night by a sneak tblet through tbe window. Money was taken from Mr Thompson's trousers. Mrs. Thompson's pocketbook, the hired girl's pocketbook and the little boy's money bank. About $10 was taken. The home of County Judge Neul was also entered and Mr. Neul's watch taken. Mrs, Neul awoke and got sight of tbe thlet and the description she gives leads to the, be lief that ne will be arrested. Snle of Thayrr Conntj- Land. HEBRON. Neb., April 26. (Special.) At referee's sale Tuesday a quarter section of Thayer county land was sold for $6,000. This Is a sample of the way land In this community has been selling. More farms have changed hands since tbe first ot the year than ever known In the same period ot time. The prospects for winter wheat were never better. Adam Teacher Chiitru, ADAMS. Neb.. April 26. (Special Tele gram.) At a recent meeting of tbe Board of Education these teachers were re elected: Harry F. Hooper, principal, Mrs. Hooper, grammar department, Miss Lillian Bowles, primary. This leaves a vacancy In the intermediate department, caused 'ir tho resignation ot Miss Ada Shaw, who bat accepted a similar position at Bralnard. i;iU lilte Kllll lire I'nrO. BEATRICE. Neb.. April 26. (Special ) The Benevolent Protective Order of Elks. No. 619, of this city gave Its first full dress party Thursday night In Its new h;tll on Ella street. The hall was beautifully deco rated witb roses and smllax Coffee, sand wlcbes and olives and punch were served. PERUNA ALWAYS WINS. Some Remarkable of the Stomach Hon. E. A. Frost, manager of tho Wind-for-CllftoD House, corner of Monroe street and Wabash avenue, Chicago, 111., says In a recent letter to the Peruna Medicine Co of Columbus. O., tho following words In praise of their catarrrh remedy, Peruna- The I'eniiin .Medicine Company, Columbus, O,; Gentlemen ''Hcfore taking Peru na I had suffered for twenty years from malaria to the extent that I had chronic neuralgia of the stomach. and could not sit out in the niuht air without suffering the next day. I had tried many so-called remedies hut with only partial and tempor ary relief. It has been two years since I used Peruna but I am satis fied that my cure is complete and permanent. Edwin A. Frost. TfOTHING In the world produces more disastrous aenemla of tho nerve ccn tcrs than neuralgia. Any one who has ever had neuralgia will find himself con stantly liable to nervous troubles. This Is especially true If he has been subject to taking much quinine. I'rrillin Inr-rnnc .Nutrition. Neuralgia Is always an expression of nerve weakness. Some nerve center has been deprived ot nutrition, and neuralgia Is the signal of distress which this nervo center Is able to make. Thus It Is that neuralgia depends on a want ot nutrition of the nerve centers. Peruna lncreas:s the nutritive valuo of the food and does It by correcting the digestive organs. After the digestive or gans have been onco put In good working order by Peruna then the food Is able to properly nourish the body. This Is how It happens that Peruna cures many cases of old neuralgia which have resisted all other forms of treatment. Peruna Is not a specific for neuralgia, but It Is a specific for catarrhal affections of tho digestive organs. There Is no remedy In the world that Is so sure to put thp digestive organs In good working order as Peruna. l'e r ii ii n Strike the Sonree. All diseases. Including neuralgia, that depend on a want of proper nutrition are curable by a course of Peruna, Peruna strikes at tho foundation ot all chronic diseases by Increasing the nutritive The Best of Everything Chicago and East. St.Paul-Mintieapolis. Hot Springs-Deadwood. CITY OFFICES: I4OI-I403 Fa na m Street. The Direct Route Nebraska City, Atchison, Leavenworth,' Kansas City i And All Points South. Ticket Offices 5. C Corner lltli and UuubIo Street. 7 NW" EdwinA7?st- Manager Windsor-Clifton Hou S? NArv Chica.qo . 111?) Cures of Catarrh and Neuralgia. functions of the digestive organs The case ot neuralgia narrated by Hon. E. A. Frost as above Is a splendid Illus tration. llortor Snrrleil. N. E. Bunker. Newman, Cal., writes! "I was sick foi nine years with one o the worst cases of catarrh of tbo stomach possible. All that time I did not have a natural taste In my mouth. Could not cat, barely kept life In me by nibbling -could eat nothing of any substance, only soft foods, and little ot that. I got ,n low as I0S pounds. The first cause, was la grippe. By accident I used Perun.i. began It last February. I have now been well six or seven months entirely well. Am heavier than for thirty years. Doctors are surprised as are all my friends. I have advertised Peruna extensively In many parts of the state: personally, many aro helped. I am very thankful." N. B. Bunker. "Xrier Kelt Heller." Mrs. T. E. Freeh wri'ej from Excel!, Tenn.. as follows: "Having been afflicted with catarrh and stomach troubles for seven yeata I tried four different doctors. They only relieved me for a little while. I gave up all hopo of being cured, having been reduced to 130 pounds I wns so weak I could scarcely get out ot tho room. I was induced to try Peruna and to my great surprise I nm now entirely well. My weight is now 1S8 pounds and I never felt better In my llfo. I shall always praise Dr. Hartman and hl3 remedies." Mrs. T. Freeh. If you do not derive prompt and satis factory results from the use of Peruna, write at once to Dr. S. II. Hartman, Colum bus, Ohio, giving a ful statement of your case, and he will be pleased to give you his valuable advice gratis. You Can Buy Brains at a meat market, or you can hire other people to think for you, or a nimble- fingered girl to write your ' letters, nut do you Know a good dictionary iB a great help in writing or speak ing correctly? Probably you hart a decrepit Id dictionary In your ofCc. It Il so tatterd and dirty that you Mldora us It. Throw It la th vast baaktt aad it a Standard Dictionary It Is tb latest out and scholars rterywhere pronounc It tbe bst. Containing over SG0.004 words and having a corps of 240 dltors, speelalis's and educated men, costing nearly a million dollars before placed betora the public. It ought to be a valuable book. It Is a valuable beok by far th bast dictionary btfor to Gncllrb-speaklng peopla, CALL ON OB. WRITE THD MEOBATH BTATIONEItT CO. Itm VAltNAM STREET, -IN REOARD TO IT. W Vlf.'Tvvuidsor-Cliflon House 5 Li BOOKS A. U . K I M .. Hi f .'I. 't( Avenue, Omaha, Ntb,