I
i
mm tied for further proterdlnas accordlnt;
to law, And we to rfrommend.
Chirr .IllMli'P mrlil.
Cplef JU'tlro Norvnl rvc the following
OlefV'titipg opinion
I tllMcnt for the reasons stated In Hie
mnlorltv in stnti' aRiilnst .Moore?. Iiirtlior
more. Hie rorre'-tneM f the decision in
that nie Is not questioned or rnled In the
lrlof lounsW fjjr either party In this
lltlKHtlfoTT wxUihls Vmirt hus ',JW,'7,K
ruled t hut JucntlowMiot raised In the briefs
nre iAlteo. The opinion of the miiJorlt
establish' a bail precedent In deciding a
question not raised or argued by counsel.
ItMht tledell caw Judge Sullivan, nfter
quotlnit' from his opinion In State against
Kennedy. In which he held to the doctrine
of res Judicata, aysr "Still maintaining
theac rlews, etlll.brllevlna; that nil the rov
ernwenlnl powers of-municipal corporations
come from; tire legislature and nre to he
foufij'otjly n, llyjrjj; statutes, I roud not,
of cpufKe.'do ofhVrwlsc than give my ap
proval' fo the. conclusions reached by the
Uepkhlnent' ,
An.Vllirr "stop In I.oiir I.UIkmIIoh.
ThlJ decision Wih'q; HodoU "case Is simply
the latent stqp In a Ions lino of loglsla.
tlon anil 'litigation -oVcr the Omaha pollci
commlBHan. i. The, original taw CreatlhK tho
police': c'eniraUsloD. wa. enacted In HS7 and
vested the "appojulment of the rommls
Bloneric In AhO governor. The renion for
Its ejfoctnietit uns that It was thought It
would tfcKd'lhe. fire Aid police departments
out M . polltlos, hut- sad experience has
BhoiA thflt,lt has had rather tho opposite
result' nnd "that thc'commlssl6h and the
department, under Its control have been
n foot bnlllV politics almost continuously,
until the supreme rouit, thrco years ok".
ruled'iir1'lri.V iioVcrMinPht "of Ifie Tire nnd
police ircpVineittH lA-longed- to the mu
nicipality hndcr.'ihe prlnclplo of municipal
homo .rule.' .
The" first police" 'rdnlmlsstoh law was sub
jrcWd tn, ft, test ense,, resulting In n de
clnn Tn tn6 snpretric court In favor of
the appointees of Governor Thayer, who
was then In the executlvo chair. Subsc
qiicntly. yhe.p.. fioornor lloyd, tin only
dortpcrrttle .grfyernorof Ncbrn'ska, under
took 'tlr make' appointments lo the police
com'mlloh, 6ul of the regular time. 'the
supreme court held good thn clnlms of tho
men appointed .by the de facto governor.
The republican legislature of Uft5, to, clip
the,.paner of the populist governor, (lov
errio.r' Jlblcomb,, changed the law to vest
th'c'HMi'pWmehl of" police commissioners In'
ifn appointing 'fmafd. 'consisting of two re
publican state officials In addition to the
Rovrrnnr, and making. tho governor merely
a powerless, minority. This law was up
held by the court after contentious lltlga
tlou but almply to the extent of deciding
bptwcfn,two sr.ts of.nppolnlecs, each claim
ing the office under n statutn which de
prived ,tbe. people of Omaha of, any voice
In tbejlr appolnUiient.
. fitimr Nettled n Sim-oiii! Time.
When tho populist legislature of 1897 re
pealed this ,law uud sought lo restore the
appointing power to the governor, n similar
oonVe;i'' vvas started' before tho hUprcmo
rdifrt," but the court refused to ontertAln
tho.vas.n because the. plaintiff was not In
pWlU'on lb raise tne point of constitution
ality. Inasmuch as hp waa claiming, under
n tyiw violating thn homo rule principle,
p'rc?faly tho samp ns the one he was at
tiuiiip, Ifnally, acting on the theory of
thplw In'fd .down, by Jtulgo Scott In n
case .Ijrought b'efor,o him In the district
cpurU .tho present Hoard of Klre nnd Pollqn
Oomratsid'oncrs of Omaha was created and
appointed;' by the . mayor nnd council In
lf$S,and another test case brought pre
senting, 'the case of, municipal homo rule
sqijarcly. ThlR case, known as tho State
against' Moores.. resulted In n decision up
holding the right of tho city to municipal
honyvruje , Jn the, matter of the appoint
ment pf flro .and pa$e commleB'lonerB, as
agafnst th'o Intervention of tho legislature
or the kavefrier excVelsIng appointive
power conferred 6'ri 'him y' the legislature.
When tho personnel of tho supreme court
changed' two' years ago the hope that this
would change tho. Judgment of tho court
was used to Induce Governor Poynter to
name, ,a new' set of,' commissioners, Mnder
that (law,-already declared void, who en
deavored to secure possession by present
IngJbolr claims onco more to the supremo
coifrt.t., In... this case, known as the State
ngaltist Kennedy, the court again con
firmed1 the titles of the present commis
sioners, appointed by the mayor nnd coun
cil, and declared thnt their right to hold
under the former Judgment could not bo
disturbed. . .
'!' Attornry ('oiiurH'ft filar.
The"' history nnd meaning of the present
case, known as fho Ilcdell case. Is best
told In the language of City Attorney V,
J. Conncll, who, after reading tho syllabus
lad .night, said;
'tter reading thn opinion of Commis
sioner Alberts, as adopted by the supreme
court-. In the case of Itedcil against the
Hoard of Klre and. Police Commissioners,
I .am of. (he same opinion, regarding its na
ture and effect.ns I was when tbe announce
ment, was made as Mo what tbe opinion
would be,
''Tho points that were considered upon
the trial and which wcro presented by
briefs of coupsol In tbe supreme court are
decided In accordance with the contention
made on behalf of, the present board. The
court, lu effect holds that the existing
boar.d.'r-apd not the city council, ns de
clared by Judge Eatolle has tho power of
removal for cause.
"The declaration by the court In Its opin
ion that the governor has the right to ap
point the fire and police commissioners for
the.. cty of Omaha nnd thnt tho provision of
the'' charter conferring such right Is valid
.notwithstanding tho previous declaration of
.the' court that such provision was Invalid
and 'a'n'infrlngemenl on thn Inherent rights
of the people of the city of Omaha to con
duct their "own municipal affairs la mere
dictum and amounts to nothing In this case
rr In any other that can bo brought. De
claring It to bo tho law- In this case that
the governor has the right 'to appoint mem
vbers'of Ihe Hoard of Fire and Police Com
mtssloners of the city of Omaha does not In
any manner change or affect the final Judg
ment which waa, rendered In the original
case between tho' .members of tho Hoard of
Tire and Police Commissioners appointed
by tho governor and the members of such
'hoard appointed by the' mayor and round.
l-am clearly of tho opinion that tho Judg
ment to which referonco Is mado Is not only
'now In force,- but will remain in forco for
'all time to come.
' Hoc S'lX Clinime KlKlila,
"A rhango In 'tho views of tho supreme
court regarding what Is and what Is not law
does not ehango tho rights of parties which
are icttlcd by final Judgment.
"As I view the - situation, It would bo
little short'ot a farce for Oovornor Savage,
under the decision Just rendered, to now
appoint; .members, of the Hoard of Fire and
J'ollce Commissioners for Omaha,
"After Judgment was rendered in the
Wttmt arm HumormT
They are rltlatcd or morbid fluids cours
ing the veins and affecting tho tissues.
They ore commonly due to defective diges
tion nut sometimes Inherited,
now do they manifest themselves?
In many forms of cutaneous eruption,
salt rheum or eoqema pimples and bolls,
nnd In weakness, languor and general
ldenlllty.
l flow art they ejfpellod? By
Hm'B Smrmmpmrlllm
' wblch also builds np the system that has
sunerea rrom tnent.
It Is the best of all medicines for aU
f
original (.aie, to which j-eference Is made.
Oovernor Poynter nndertook to do pre
cisely this thing, on the theory that the
political complexion of tho court had
changed and that the law, as declared
In the original rase, would be changed ac
cordingly. "When Oovernor Poynter's members de
manded pntsession from the members ap
pointed by the mayor and council, the lat
ter, politely but firmly, turned down their
request. As the result, quo warranto pro
cee lings wero a second tlmo Instituted.
Again the fight was on between the mem
bers claiming under the appointment of
the governor and members claiming under
the Appointment of (ho mayor and council,
I then knew, an I know now, that with re
gard to the main question Involved, namely,
tho right of the governor to appoint, the
declaration of law as made by the supreme
court In the original case would be held
not to be In accord with the view of the
court as At present constituted. 1 thqrcfore
made no controversy In the second case
over tiiU nuestlnn. hut lnlt.rt: i t nmv
Insist, that tho Judgment, rendered In the
original case was final and res Judicata.
In this contention 1 was sustained by n
very nblo opinion written by Judgo Sullivan
nnd concurred In by Judge Holcomb nnd
Judge Norval.
.ludar aulllvnn'. Former Virus.
"Judge Sullivan In his opinion Indicated
his .views and the views of the,inaJorlty of
tho court ns being agnlnst the lAW as do-
dared It) the original ease, but reluctantly factory harbors' may bo constructed, liar
was compelled to concede thn proposition i,or9 already exist at each end of the
that notwithstanding thn law, according to ianamH mute, but considerable work must
his yiew, was wrongly stated, the Judgment
.which was rendered was final and was a bar
to au ijkc lufure. actions. ,
"It Is apparcntjrom what Jg- stated tbat
a llko contention on behalf of the members
of tho present board regarding tho 'finality
nnd. conclusiveness of tho Judgment, In the
original case would agnln be eustnlncd by
tho supreme court.
"Should Governor Savago nssumo to ap-
point members of the Hoard of PMre and Po-
lire Commissioners ho would merely bo re-
peatlng what his predecessor. Oovernor
Poynter, once did nnd (lie result, with ref-
crence to his appointees, must bj the'snme
as waa the result In the. case of tho ap-
polntees of Oovernor Poynter,
"Should Governor Savage make appoint
ments n demand would have to be mado. by
his appointees on the members of the pres
ent existing board for tho ofllccsi 'held 'by
them, which demand, undoubtedly, would be
refused, nnd thereupon It would be neces
sary for the governor's appointees to com
mence quo warranto proceedings. As Indi
cated, the result In such case must, neces
sarily be tho same as In the case, of tho
ippolntece of Governor Poynter, and our
district court would bo obliged to. follpw
tho decision of the supreme court sustain
ing tho plen of res Judicata. Upon appeal
the supremo court would bo obliged, to fol
low Its former opinion.
What Ilceoiiica of Itericll.
"Now with regard to tho action to be
taken In rtedell's. case. Charges Ore nl-
ready preforrcd against him and filed with
the Uoard of Fire nnd Police Commission-
ers. The decision of Judgo Kstello Is re-
versed and there Is nothing to prevent the
nrcsent Hoard Of Flro and Police CorumU-
sloners from proceeding with the. hearing-
of euch charges. It Ik recognized by the
opinion of Commissioner Alberts In Redoll's
raso that the memhers of the nrcsent
board aro do .facto members and as such
nnthnriiPrt in bp, trnrtnnhtptiiv tho board
will cause notlco to be served on Itedcil to
appear for hearing at eomc convenient time
In the near future. It' the charges are not
sustained Redell will bn exonerated and will
again be chief ot tho flro department. On
the other hand, If -the' charges 'are sustained
ho will brobAhlV be removed.
"I do not consider the oolnlon about I
------ w - -
wniru so raucn oi a jurorc was crcaieu cuts
any substantial figure In tho future ndmln-
latratlon of tho flro nnd police affairs of
this city. The presont board will continue
to dlscnarco ns unties and as vacancies
occur they will In the futuro be filled by
the mayor and tne council. .
"I regard this' to bo the true, situation,
not only for tho present, but for1 all .future
unw, ior mo reason u siaieu wiui , u is
tbe Judgment that determines'- the rights
of tha members nppolnted by tho mayor
nnd council nnu not tne neciaratiqn or law
wmcn is sudjcoi 10 ennnge wun every
change In tho palltical complexion of the
court."
Wliorr tUi Muyor Stnnds.
Mayor Moorea said: "Tho Hoard of KIro
and Pollco Commissioners will nek for a
rehearing. Thnt will probably bo denied
im. hut we nrt nllnwcfri forty rtnx'n 'In whlnh I
to make tho application, so before that
time expires the governor cannot appoint n
board or remove us.
"That 'will give us plenty of time In
which to try Redell, nnd you can depend
pon It, we'll do It. We will have him up
ery soon."
Governor iShvuro Out of Stntr.
Governor Savago Is In Chicago nnd there
was nobody In Lincoln last night to speak
with authority as to what course he. will
pursue in mo iigui oi me couri s. aecision.
A the case has been remanded for further
proceedings it is not niteiy turn no will
laico any action until a nnat judgment la
readied.
GOVERNOR SAVAGE HURRIES
Anxious to net Ilack tn XehrnnUn to
Consider Appointing n
Ac it Donrd. ,
CHICAGO, Deb, 4. (Special Telegram.)
Governor Savage o( Nebraska was attending
the llvo stock show today when a telegram
announcing the decision of tho state su-
premo court in tho Omaha police and flro
officials' .cases was. rccelvod In this city
and when no returned to the Great North-
cm hotel he was handed the message. He
read tho dispatch and then told a ,numbcr
of his friends that ho. intended to leave on
the first train for Omaha. Commenting on
tho decision the, governor said:
"I was here to attend the llvo stock show
at the stock yards and rcnliy dd not ex-
pect such n doclsion so. soon. I will re-
turn as soon as a train .can got me there
and will begin to think of my appointments
at ence. However, I don't Intend, to np-
point any politicians, for tho. place. The
places must be filled, by good, bonest, re-
liable men, who havo no Interest except for
the bonoflt ot the city and state. ThUt law
may change tho status of police and fire
appointments over the United States. That'
was one ot the lnentlons of tho bill. I
hardly think U will bo contested tn nny
way to any further extent."
ENGINEER AVOIDS DISASTER
Train Wrrokers Foiled In Attempt to
Ditch the B. A .11.
Flyer.
BEVERIA', Mo., Dec. 4. Burlington rail
way detectives are In this vicinity Investi
gating the wreck of the-1). & Mr flyer at this
place last Thursday and evidence has, been
found that a dastardly attempt to wreck
the fast Denver-Kansas City train was
made. The switch lock and lamp had been
etolon. The train was going at the rate ot
sixty miles an hour when the engineer no
ticed tho lamp was out and slowed down,
The engine and mall car left the track and
went Into tbe ditch, but tho coaches re
mained on the track and fortunately no pas
sengers were seriously Injured. It In ru
mored thai arrrsts will likely follow.
THE OIjMIA DA1LYBEK:-. TIIL'KSDAY, .. DECKMBEH o, 1001.
FAVORS NICARAGUA ROUTE
0nl Gominlssioa Rabaits tt Co.iprsn Ri-
mlt of Its InTettigatioas.
IS MORE ADVANTAGEOUS TO COMMERCE
riiiiiiiuii Clin ill Could Mr .Mure Clicnpl)'
iiimirui'ti'il, lint 111k I'rlcr Ik
Dctiinnitril fur Coiu'cikIiiii
' of Old CoiHiinnv.
WASHINGTON, Dec. i. The report ot the
Isthmian Canal commission was sent to
congress today. The commission, ns an
ticipated spvcral weeks ago, favors tho
Nicaragua route and makes an estimate of
'".."".v... ".-
tlon of the cnunl through Nicaragua. The
"Minnlci. cost of the Panama route Is
Paecd nt MH.2M.n5s, but. tho report says,
u ct M09.U1.000 lo obtain the
Tannins concession. The commission vaIucs
,hc wor,! ,lonc nt $40,000,000. The report
aays n0 Panama route is feasible as a sen
0T"' cnn'- l8 tthf Nicaragua rou o m
bn hr Inckv. but I.nltc NlenruEUa will fur-
ni.t, an Inexhaustible sunnlv of water for
tj,0 canal. The Nlcarncun route has no
nntiirnl hnH.nm nt rllher end. hill satis-
hfc dgno at the cnirnnce of tho harbrir op
tii Atlantic side.- With adequate force and
plant the commission estimates thnt the
Xlenrairiia canal can bo comnlctcd In six
years,, exclusive of two years for prcpara-
tlon. Ten years Is estimated to complete
thio Pnnamn route., Tho total length of
th Nicaragua route Is 1SS.6C miles nnd tho
Pnnniun route 49.03' miles. The estimated
cost of oncratlnc and maintaining the
Nicaragua canal annually Is $l,3r0,000
creator than that of the Panama canal,
Tho estimated time for n deep draught ves-
nd to pass through tho PAnamn canal is
twelve, hours 'anil .through the Nicaragua
canal thirty-three hours.
Ail vnntum- of McnrnKiin Itontr.
The NIcnrAgua route, tho report says. Is
more advantageous for commerce save that
originating on the west coast of South
America. For the gulf ports tho advantage
Is two dnys, and for most of tho ports
on the Atlantic and Pacific one day. The
Nicaragua route Is said to be better for
nnlllhg vessels on account of favoring
winds. Hygienic conditions also favor
Nlcnragun.
The commission says the United States
should acquire control of a strip of ..terri
tory ten miles wide from sea to sea,
through which to build the canal. Tho. con
sent of NIcarugua and Costa IMcn must be
obtained to build the canal, but the report
nays this ran be easily secured. The eon-
cessions granted by the Colombian govern-
mcnt to tho Panama CRnal company have
many years to run and new concessions
cannot he granted tne united htates
The report concludes as follows; "After
considering all the facts developed hy tho
Investigations made, tho actual tltuntlonns
It now Hands, nnd having In. vlow tho
erms ouereci ny mo new rnnama ianai
company, this commission Is of tho opinion
that the most practicable and fcnBlblo
routo for an Isthmlnn canal, to be under
tho control, management and ownership of
the United States, is that known as tho
Nicaragua route."
Minority AVnnts Pmininn Itnute.
Goorgo S. Morrison, a member of the com
mitter, .submits a minority report favoring
tho Panama route. He says tho estimates
for the Nicaragua canal do not make sufu
. i,inna
n;i,t j,i u 191uun lu, ULiniiunw i.uuuiuuufl,
,, Pnntlneencle. No cons derat on. ho
... hg bccn lvon l0 accidental Intcrrun-
tIon of trnmc by Nlcnragun. which, he
thinks, would not bo so likely to occur nt
pannma. iin hellcves thnt better conditions
nnd cnn bB arranged through the
acaulaltlon of the Pannma Canal company's
ritti1tR hnn hr anv necotlatlons with Nlca-
rK,m nnu Costa nlcft Tho sovernment.
attCr securing the rights, hp says, could
ninilnfo direct with Colombia for the right
con8lrUct tho cnnnl. Ho closes by say-
)nR.
,.Tho ianama routo has advantages over
tno NMCurncun routo In cost of construe-
tlon, lu cost of operation nnd In convon
tenco when done, while Its use Is less likely
to lend to local International complications.
If the United States government Is te build
nn Isthmian canal the Tanama routo Is the
best.
SENATE'S BUSY GRIND
(Continued from First Page.)
to provide for the exclusion and deporta
tion of alien anarchists." The first sec-
.ton of tho bill Is as follows:
"That no Allen anarchists shall hereafter
bo permitted to land at any port of the
United States or bo admitted into tne
united States, but this prohibition shall
nnt be 80 construed as to apply to political
rCfUgCeg or political offenders other than
, anarchists."
t),; uinnit npntlnn directs the sneclat
board of inquiry authorized by the Imrol-
eratlon laws to mako diligent Investigation
concerning the antecedents of any allon
necking ndmlsslon Into the United Stntes
who Is suspected of being nn nnarcnist, au
thorizing tho.board to even go to tho extent
of examining the person of suspected aliens
for marks Indicative of membership In
anarchistic societies. Soctlon throe pro
vidr for the return of persons to Ibelr
nativo countries who havo secured admls
I ion to tho United States contrary to law
anj who havo afterward been found to bo
anarchists
' n10 fourth section provides that when
any alien Is convicted ot crime In tho
United States court nnd It shall appear
from the evidence that ho is an anarchist
tho presiding Judgo shall direct n further
henrlnir nnd If the Judge Is satisfied thnt
tho convicted illen Is an anarchist or tbat
his remaining In this country win ue
mcnaco to tho government or society In
general, ho may pirect that in addition
to other punishments ndjudge'd the con-
vlcted alien nfter undergoing such punish
ments shall be deported nt tho expenso of
tho United States to tho country from
which he came, and if no returns to tho
United Statos shall be punished by lni-
prlsonment nt hard labor for a period not
exceeding five yenrs, and afterward again
deported."
Provision Is made for the appointment
of twelve Immigration agents at a salary of
12,500 each to mako Investigations In
foreign countries concerning Intended im
migrants. The sixth and last section ot the
bill provldos tbat "tho fact that nn alien
has declared his Intention to become a citi
zen of tho United States shall constitute
no bar to proceedings against him under
this act."
iimt Antl-Truat Hill.
Senator, Aldrlch Introduced a bill an
thorlzlng the comptroller of the currency
to extend for a period of twenty years the
charter ot tiny national banking associa
tion extended under tne act or July 12,
18S2. The extension applies only to cor
poratlons desiring to continue their ex
Istence after the expiration of existing
charters. This bill passed the hnuto last
session, hut did not get through the senate
and Is reintroduced.
Senator .lone ot Arkansas Inti educed
without amendment, the anti-trust bill
which passed the honie during the hst
session of congress, but fnlled to ,mss the
senate.
Senator Lodge reintroduced his Immigra
tion bill, providing for an educational test
for the admission of Immigrants. The
writing lest In reviewed and the new bill
requires that the Immigrants shall hp re
quired to be nblo to read. Another bill In
troduced by Senator Lodge Is his old mens
nro for the reform of the consular service,
applying civil service regulations to the
appointment of United States consuls.
Mnrunn'a Cnnnl mil.
Two bills looking to the construction ot
nu Isthmian canal via the Nicaragua route
wero Introduced In the senate. The first
of these was presented by Senator Morgan
and U as fnlowir
mm nit" president OI tne i.nneu amirs
he, nnd Is hereby authorized, to ncqnlro
from, nnd to conclude agreements wltn,
the HtnU-H of f,-nt.i Itlnn nnd NlraraKUa.
or either of them, for and In behalf of the
Limed Mimes for tlio tun control oi such
portion of territory, now belonging to
Costa Itlca find NIcnraKiin. ns ninv he de
sirable and neccssury- on which to exen-
vaie, cousmict, goyrrn, reguiaic, poucr
and protect n cnnal of such depth nnd ca
pacity ns will bo sulllcient for tho move
ments of ships of the greatest tonnage and
drniglit now In use, from a point near
Oreytnn, on the Caribbean sen, via Lake
Nicaragua to Urcto, on the Pacific occant
and such sum ns may be neceesary to se
cure necessary rights, prlvlleses nnd such
control is licroby appropriated.
nn-l'nrtlnn Com in Us Inn,
The other bill was Introduced by Senator
Perkins nnd provides for a perpetual lease
by tho United States of the right-of-way
across Nicaragua and C6strt nlca and con-
tors military, ponce ami sanitary ponce
control of the canal route hy the United
States. It' makes at! appropriation of $120,
000.000, of which 'stim J12.0OO.Q0O is to be
expended annually. A nonpartisan com
mission Is to bo appointed by thn president
to bavo charge of' the canal, the members
of the commission lo be 'selected from
dlfftront parts of the United Stntes nnd to
be paid $10,000 salary each per yenr. This
commission Is- tp liavo Its headquarters At
Ulvas, Nicaragua, with a branch offlee In
U'nshlnglon, The appointment of en
gineers also Is authorized. It Is further
provided that the canal shall be of the
dimensions 'recommended by the Isthmian
Cnnal commission. The commission pro
posed Is empowered to make all contracts
nnd to .supervise, their performance, the
contracts not to be. legal unless ratified
by n majority of1 tho commissioners. Tho
commission Is to report semi-annually to
this president and to keep accurate nc
counts of Its transactions. It Is explicitly
provided that no commissioner or employe
shall bo interested In nny contract con
nected with the construction of the canal.
The bill nuthorl2es tho president of the
United States to make minor change In
tho route ndopted for the canal and the
methods' of Its construction.
Mrnntor .Allison' Committor,
Senator Allison named tho following com
mit tec In acccordance with the resolution
of the republican caucus to select mem
bership of the committees of the rfenate:
Piatt of Connecticut, McMllInn of Michi
gan, Proctor of Vermont, Perkins of Cali
fornia, Nelson of Minnesota, WArren of
Wyoming, FAlrbnnks of Indiana, Kean of
New Jersey, McComas of Maryland.
it 111 1 1 n Introduced.
Bills were Introduced by senators' today
as follows:
By Senator- Stewart For the election of
territorial Judges by tho people and con
ferring -Jurisdiction on the federal courts
In controversies over irrigating water
rlKhtx. '
Hy Senator Klklns For the admission of
New Mexico as n state.
Hy Senntor Galllnger For a committee
to report on the commerce of China and
Jnpnu.
Hy senator iodge to prevent tne uese
eratlon of the 'American (Uik and to In
crease the ..nor of letter carriers.
Ily Senuidr Foster For a committee of
five to Investigate trade relations' with the
utieni.
By Senator Nelson and McComas Hach
a bill for the establishment of a depart
ment of commerco.
Hy Senator Hale To mnko the census
burcnu nerinanunt.
ily Senator Money For the revival of tho
act in inrce atier ino civil war concerning
abandoned property.
By Senator. Vest Creating a national
bureau of criminal identification.
By Senator Culbertson For the equitable
distribution of tho water of the Rio (irailde
river between thq United , States, ' nnd
.Mexico.
By Senntor Dolllver To ropen tho bank
ruptcy law.
By Senntor Perkins For the laying of a
cable tn Hnwalt nnd the Philippine.
Hy Senator Nelson Subjecting national
banks to the u.iury law of the stales In
which they crn locnted.
Bv Senator Tillman For tho use of a por
tion ot the proceeds of the salo of public
lands in tne .maintenance oi scnooia or mm
Inc.
By Scnntors Mitchell nml Berry For the
election of senators by vote of the nconle.
Hy Senator Hour Bills for the making of
the obligations of nil bunks uniform; for
.amendment to the constitution, respecting
tho Hiiccession to ino presidency nna tne
commencement Ann termination or con
cress: tixiinr tno salary or tne vice nresi
dent at $15,000. of the rhlef Justice of tho
sunrome court at 116,500 nna of assnclato
ttistlres nt SIS.OOO.
ny Heniuor r oraKcr urumiiiK irro mail
ing privileges to Mrs. SloKlnley, widow of
thn late president.
By Senator Burrows Providing for a con
stitutional amendment for election of
United Btutes senators by tne people whero
tntn leclslntorn fall to elect: also a con
stitutional amendment changing the day
tor tne inaunuraxion oi ine president rrom
March 4 to the last Thursday In Anrll.
ny Senntor Frye His old bill for the
reformation of the revenue cutter serv
ice: it practically puts tnis service on the
same basis as the navy In the matter of
retirement and in otner matters m detail,
SENATE ONLY BODY IN SESSION
The Knrly nnnlneas Inclmlra n liooil
of 1-iXecutlve Cnuintnnl
cnttnns. WASHINGTON, Dec. 4. Tho senate waa
tho only congressional branch In session to
day. The early business Included n flood of
executive communications, mainly formal
One ef them, from the attorney general
MEMORY FOOD.
A Cnse Where Memory Wn Htrrnasth
cned hy Ornpe-XuU.
Food that will actually holp the memory
as well as agree perfectly with a' dellcat
stomach la worth knowing of.
A good wife out In Alta, la., who did not
know which way to turn to get food that
would agree with her husband, who was left
In a weakened condition 'after a serious ill
nrss nnd could scarcely rotnln any food I
bis stomachy Waa ono day Induced lo try
liim on lirape.iisuu, ino lamous rcauy
cooked breakfast food, and from tho first
he began to Improve rapidly. In three
months ho had gained thirty pounds.
She pays (haj his stomach has recovered
so completely that no can now eat an
kind of food.
She mentions the boy ot an Intimate ac
qualntnnce, who was bo delicate nnd thin
that his appearauco wan pitiable, and he
bad no appetlto for any ordinary food. lie
was put on Grape-Nuts and liked the crisp
ness and sweetish, taste ot the new food and
took It. His Improvement began at once
nnd be Is now a healthy, plump boy.
"I know that Grapo-Nuts will do more for
weak Ktomachs than any medlolne. The
claim that It will build up and strongtbe
the brain has been proven to my certain
knowledge. Ulster, who writes for the
prc&a and Is compelled to memorize a great
deal, has been using Grapo-Nuts and says
she Is surprised at tho result. There Is
marked Improvement In her memory an
the brain works more perfectly and with
better results.
"Please do nnt publish my name." Name
fan bo given by -the J'ostum Cereal Co,
Ltd., Battle Creek, Michigan,
submitted the laws of Porto Ulco in Eng
lish nnd Spanish, n3 ordered by the la.
congress.
When Mr. Hoar sought to advance the
onslderntlon of certain pension hills Mr,
Morgan (Alabama), objected, remarking:
There Is too much slack on pensions and
would llko to tighten It up a little."
Mr. McComas of Maryland gave notice that
he would address the senate at llsnext
session concerning nssnults on the presl-
ent. deportation of anarchists, etc. Vest
of Missouri offered a resolution proposing
n Inquiry by the committee on Judiciary
ns to the powers of congress to deal with
narehy, to suppress the teaching of an
rchy nnd to provide a penal colony for
convicted auarchlsts. The resolutions nni
ntl-nnnrchlst mensurc by McComas are on
tho senate table open to early debate.
Tillman of South Carolina secured the pas
sage of the house resolution admitting free
f duty foreign exhibits to the Charleston
xposltlon. At 2:10, on motion of Cullom,
the senate went into executive session.
At 2;?l the senate adjourned.
AXATI0N OF BANK CAPITAL
Decision from Internnl Itrtrnnc Pr
im r Intent Import nn t to
llnnkrr.
WASHINGTON, Dec. A. The commls-
loner of Internal revenue has rendered n
decision In which he holds thnt bankers
must return for tnxatlon capltnl, surplus,
undivided profits nnd borrowed money ussd
In the business of banking. Tho commie-
loner holds that canltal la taxable whether
Investedr ns In tho case ot tho United States
bonds, or thn bank building or circuiting
In the caso of money, Including money
borrowed; also surplus, Including' undt-
ndlvlded profits.
"In providing that surplus shall be In
cluded ns capital," the decision says, "It
Is obvloiiKly the purpose of the law to have
one Iax Imposed apply to nil money ubci! or
employed by bnuks as capital In carrying
on their business.
Money borrowed by bnnks and used as
capital Is held to be taxable and It Is clearly
o less liable to tax because of the fact
tbat It Is borrowed by a bank from Its own
undivided profits.
"Tho fnct thnt surplus so used consists
wholly or In pait of undivided protlts, or
that such undivided profits bnvc or have
not been formally been set apart for such
use seems wholly Immaterial to far as the
purpose of tho act Is concerned. It Is tho
use and not the authority to usn that
brings such profits within the taxing pro-
Istons of thn net.
"Hanks should, therefore, return for tax-
ntlou the capital, thn surplus fund, their
ndlvlded profits or other profits and lpsu
nccount, except so much thereof as may be
actually necessary nnd has been set apart
to meet liabilities nnd losses or to pay
dividends actuully declared by tho directors
f the bank, to pay taxes or to pay fixed an-
unl charges such as salaries nnd other
necessary expenses."
N TWO YEARS0F PURCHASE
nrclnion a to Itrilrmpllon of Docu-
mrnlnry fntrrnnl ItfMrniie
Stn in ps.
WASHINGTON. Dec. 4. Mr. Tracewcll,
tho comptroller of the treasury, has decided
that tho act ot May 12, 1900 prohibits the
llowancn ot any claim for the redemption
of documentary Internal revenue stumps un-
ess presented within two years after the
purchase of tho stamps from the govern
ment. The question raited was whether the two
yoqrs should rijn from tho time the stamps
wero purchased by tho person applying for
their redemption, or from tho time they.
were originally purchased from the govern
mcnt.
MILITIA GUARDS STRIKERS
Four .Men Wounded In Hint HcMteon
Coal Miner nml Of
flclnln. RICH HILL. Mo., Dec 4. Two small
riots here today, in which striking miners
and deputy sheriffs were tho participants.
resulted In tho serious wounding of four
men. Sheriff Joo T. Smith ot Duller. Mo
was seriously Injured by being struck with
a sling in tho hands of one of tho strikers.
Walter Valentino, a deputy sheriff, shot
two miners and wns himself shot.
The coal minors In tho Rich Hill coal
fields wont on a strike about ten days ngo.
The strike arose over a demand mado by
union miners of the Rich Hill Coal com
pany tor a checU-wclghman. Tho com
pany's superintendent was willing to con
cede ttu demand only under conditions
which the miners would not accept. Many
doputles came hero tonight nnd more
trouble Is feared.
FATALITIES IN RACE RIOT
White nnd .Yc;roc nt War In
Alti-
1m mm anil Communication
.Shut Off.
MONTGOMERV, Ala., Dec. 4. A special
to the Advertiser from Andalusia, Ala.,
says:
Word has Just reachod hero that a race
riot followed the killing of Fate Atkinson
and J. W. Dorfey by n nergo at Opp this
evening. Two negroes havo been found
dead Tho ofllcors thero havo wired here
for tho sheriff and dogs and hnvo also wired
to Rler Fulls for dogs, A porse Is being
organized here to go tn Opp at once.
No moro news Is expected tonight from
Andalusia or Opp, as tho telegraph offices
at both places aro closed.
ENDOWMENT FOR BRYN MAWR
John n. nockefrllrr Olvra Ovrr Two
jlliiiidrcrt Thousand Con
ditionally. '
PHILADELPHIA, Dec. 4. Ilryn Haw
collego, for tho higher education of young
women, has been offered n gift by John D,
Rockefeller, who agrees to contribute $230,
000 for certain specified lmprnvomonts, pro
vlded that on or before commencement day
In Juno next year tho further sum of 1250,
000 shall be raised to complete tho projected
work.
Tho president, trustees and nlitninno n
tho collego have been trying to raise $350,
000 for a, new library building, $130,000 for
a now dormitory and $100,000 for a new
lighting and henting plant.
Arinonra Iluy Elwnod I.unil,
ST. JOSEPH, Mo Dec. 3. (Special Tola
gram.) Thn Armours of Chicago have for
two doys had representatives In this city
purchasing ground across the Missouri river
In Klworid, until today the last tranifor was
made. The Armours have secured more
than 200 acres to be UBcd for packing bouse
purposes. It Is expected that a bridge will
be erected across the Missouri river dl
rectly south to tho yards In South St
Joseph. Tho Chicago, Rock Island & Pa
clflc railway today closed deals for moro
than 200 acres of land adjoining that pur
chasod by the Armours. The purchaie
price are kept secret.
To Curo cold In line liny,
take Laxative- Ilromo quinine Tablets, All
druggists refund the money If It falls to
curt. E. W'j Orove's signature is on each
vox. :sc
BRITISH SHIP MAY HE LOST
Tsrrifio Stem sn Pacific Creates Hauc
With Sesmea.
Kelson with entire crew is missing
I'rnrs Hint rrl l'nisli'il nml !nnU,
Himed t'liou I'l-tiltlcss All-Un
'rnrrli Mmlr lij- An
other Hunt.
ASTOIll.V Ore., Dec. I. Tne fate of the
Ilrltlth ship NelKon, u steel vessel bound to
Quceustown with wheat, reported early to
day as having turned turtle last night nnd
gone to the bottom with Its crew of twenty
eight men, cannot be known until tomorrow.
By that time It will probably be sighted If
still nrioa't. If the tugs which Institute
search fall lo find It, It will doubtless bo
given up ns lost. Tho tugboat people think
it Is still safe,, but there Is cause for the
grnveit. fear.
Nelson sailed November 28 for Kngland
with n grain cargo. It encountered tho
gales whlcji prevailed rarly In the week
and on .Monday evening was sighted oft the
right in a dlsnbled condition. Tuesday
morning It was picked up by the tugs Wal
lula nnd Tntoosh. W'nllula roturned to port
for fuel, Tntoosh starting north with Nei- ,
son, when a heavy gnlc came up. At 0145 j
last uigni, during tno iicigm oi mr niuuu,
tho steel cabo parted nnd tho lights ot
Nelson suddenly illsnppcnrcd, leading to the
belief that 11 Had capsized.
The ttitf' TAtoosh tearched nil nlgut nnd
ntll noon today, but not the slightest trnco
f the Kill" was found. Notwithstanding
thin, CA.pthln llnlley of the tug believes
Nelson Is xnfo nnd that it will show up tomorrow.-
11c thinks It has made for Pugot
sound', while others are inclined to tho be
lief that Captain Tcrrlam of Nelson will
make for tho Columbia river. Nelson car
ried a crew of twenty-eight men. It was
an old wooden vessel.
Contain George V. Woods, the bar pilot.,
was to havo been placed nboard tho ship
Inst night, but the weather was too rough
to permlt.lt. Cnptaln Woods says, Nelson
went over between 10 nnd 11 o'clock lant
Ight during the height of the gale. Fol
lowing Is a pnrtlnl Hat of tho crew: Cap-
Ian Perrlam. Klrst Mato Strachan, Sec
ond Mate J. J. Tlllsley, Seamen Vlcniar, M.
eterson. I-rfirs Peterson, D. Ilcste, A. Jo-
ansen, J. Jensen, J. V. I,arscn, I. Toroll,
fohu Menlly, J. Hrlckson, J. llurch, 13.
Hheehaiit Quncnstownj Apprentices .
Terry nnd .1. IJcste,
DRIVEN ASHORE BY STORM
,nrnr Sli'rnwlirelrr on I'nuct fSoiiiiil
I CiiukM In l-'irrrc
Gn!.
SKATTLK, Wash., Dec. I. The steamer
Clara Drown, ono of tho largest stem
wheelers on the Bound, was driven nshoro nt
Mkl point last night at 7 o'clock during
the ga( which rnged all night.
In trying to' round tho point on its usual
trip to Scuttle from Tacoma the steamer
became completely unmanageable and sev
eral times was In Imminent dnngcr of
foundering. It finally drove upon tho beach
half a mile south of tho point. The pas
sengers Jumped overboard and mado their
way ashore through tho surf. Tho gale hna
ontlnued nil day nnd tho boat has been
badly smashed, but. will probably he saved
unless the gnlti becomes much worse.
BARGES MISSING IN STORM
l'rnrril tiuit Two VenieU ilth Their
frown Are Finally
liOKt.
ST. JOHNS. X. D.. Dec. -I. The tug
Gypsum King, In command of Captain Dllz
znrd. arrived hero today with ono steel
-bargo In ..tow nnd 'reported Hint Gypsum
queen broke away irom tno tow aix miles
6ff Point LePrenuo In tho Day ot Hundy.
Thcro nro grave fears that tho barges,
with their crows of five men each, nro lost,
though tho cnptaln hns hopes that, ns they
nro schooner rigged nnd fitted with sails,
they may havo been nblo to mako through
the storm. Tho lost barges aro wooden,
of 1,100 tons not. Each carried about 1,000
tons of gypsum.
GOES OVERBOARD AND DROWNS
IjIIIiiIm'I- llnrp Orew Narrowly' Knespe
Drntli, "While Iloat U
Wrecked.
NEWPORT, Ore., Dec. 4. The lumber
barge C. H. Wheeler, from Nehalom for
San Francisco, with 652,000 feet of lumber,
drifted ashore and was wrecked two miles
south of Yaqulraa bar today. J. W. Colo,
tho colored cook, was washed overboard and
drowned. Tho other members of the crow
were almost exhausted when rescued -by tho
llfesavlng crow.
Tho barge Wheeler wan lost off Cape
Blanco In' a etorm with tho tug Vosburg
Novonibor 27 and has' been drifting ever
since.
i
SBBBBBBBS jnm
fjfl
Tumor
cured.
"By their fruits ye shall know them;-"
The way to judge of the ahie of any
medicine is by its cures. Apply thnt
test to Dr. Pierce'H Favorite Prescription
and it is at once lifted high above all
other put -up. medicines designed for
the cure of womanly diseases. Chronic
forms of disease which local physicians
have failed to cure, and which have
yielded to no other treatment, have been
perfectly and permanently cured by the
use of Dr. Pierce's Favorite Prescription.
It establishes . monthly regularity. It
dries debilitating drains. It heals in
flammation and ulceration and curea
female weakness.
Mrs, ShoiMlitre, of n'allou, Shelby Co., Ohio,
Write! "My mother had an ovarUn tumor
which we thought would reull In htr death,
but we had read your advertUementt and we
commenced uting your ' Favorite I'reicrlption,'
We got one dozen bottlea to commence with,
and before the had taken three bottlea the
began to impror?; she fa living to-day and we
have given your medicine thr credit. My
mother waa sixty-fix years old when the tumor
commenced to grow j he Is arventy-tlx now
.and the tumor la alt gone, bhe had gotten
awfully Urge, and her limbs began to aoell
before we began to ue your 'Favorite Pr
acrlption.,' '
Dr. Pierce's. Pleasant Pellets cure bili-.ousness.
" Am TJa--
KIDNEY JROUBLES.
Mrs. louiso M. Gibson Sriy
That This Fatal Disease to
Kaslly Cured by I'"1,
Fliikham'A VoRotaJilo Com
pound. '
DF.xn Mns. 1'ixkham : I felt verr
dlacouraffcil two years ag?, H".' J
fried t,o loiifr with Idtlney troubles and
other complications, nml liatHalteti so
much meuMe-hm without relief that I
beiran to think thcro was no hope for
me. I.lfc looked m Rood to mo. hut
what Is life, without health ? 1 wanted
to be well.
MRS. LOUISE M. GIBSON.
"Lytlla 15. IMtiklinin'8 Vgo
tahlo Compound cured mo and made.
mo well, nnd Hint is why I Rrladly
write you this, and-gladly thank you;
atx bottles warn nil I took, together
with your .PHI. My .headache nnd
.backac'he and kidney trouble . .went,
never to return ; tho.burnliigcnsatlp'n.
1 liad left altogether! my general
health wns so improved I felt is yotinp
and light nd Happy asNnt" twenty.
Mils. Lovisk Oiiison, 4813 Lang-ley
Ave., Chlcacro, 111. 95000 forfait If abtv
ttttlmtnlal li not fnulnr.
If yon feel that therte Is anything at,
all unusual or puzzling about your
case, or if you wish cqnfldentlnl advice
of the most experienced, write to Mrs.
Pinkham, Lynn, Mass., and you will
be advised free of charge. LiydlM lu,
Plnkhum's Ve&ctabf Compound
has cured and is curing thousands oi
coses of female trouble.
A Benevolent Enterprise
Is the Uritish Medical Institute nl
i;i8 Hoard of Trade Htillding-It
Gives Three Months' Services
Free to All Invalids Wlio
Cnll lie fore Decern,
her 1), 1001.
A staff ot eminent physicians nnd sur
geons from tho Uritish Medlcnl Institute
have, nt tho urgent solicitation of a lares
number of patients under their ca'ro In. this
country, established n permanent branch o,
the institute In this city ut i
Ciirm-r of Kith unit I-'nrnnm Street,
Itoonm -laN-Ullt Hoard' ot Trnilv
Ilallilliitr.
Theto eminent gqntletnen have decided ti
clve their services entirely tree tor hreu
mouths (medicine excepted) to all .Invalids
who call upon them tor treatment between
now und December i).
These services consist not enly of con
sultation, examination and uavlce, but ulu
ot all minor surgical operations.
Tho object lu pursuing tills course is to
become rapidly und personally acquainted
with the nick und attlloted, and uudvr nu
conditions will any cbargc whatever u
mado tot any services rendered tor. three
months, to all who cc'.i before December l.
The doctors treat alt forms of dlscafcx
and deformities and guarantee u cure lu
every case they undertake. At the first
Interview u. thorough cxumlnntion Is made
and, it Incurable, you ura lrunKly any
kindly told so; also, advised ngalnsL spend
ing your money for useless treatment.
Male and female weakness, catarrh nui
catarrhal -deafnuas, also rupture, goltro,
cancer, all skin diseases, and all disease)
ot tho rectum ure positively cured Uy ,theli
now treatment.
Tho chief assoclafo surgeon of tho insti
tute 1b In pcrsonnl charge. .
Offlca hours from 9 a. m. till 8 p, m.
No Sunday hours.
BI'KCIAl, NOTICrc-lf you rnnmit null
end stamp (or question blank fai
Iionie trratinrui.
A Wise Woman
will tiytnd pfeMtre ht beauty. A Ane
neta oi nir i one 9 ine nigneii cntrmt.
Imperial Hair Regenerator
TMtoras Oray or Bleacheit hair to any
natnral color or shade. It It clean, dur.
able, ann ON'K APPLICATION WILI,
I,A8T FOR MONTHS, flaranla ot hair
colored free. Sena lor Pampbut.
Imperial Chemical Co., 133 W. 23d St., N. Y
AMUSUSllSNTS.
BOYD'S
YVoodwnrd Ilurffess
Managers.
LAST TISIH TONinHT. -
Tho Comedy Opera Success
KING DODO."
Prices Matlneo, 25c, 00c, 75c, $1; Night,
Me, 50c, 7tc. $1, Jl.EO.
Saturday. Mutlnco nnd Night,
TIM JUJIll'IIV . .
In
"A CAPITOI, COMKnV."
Prlocs-Mntlneo 25c. 50c, 75c, II: Night, 25e
50c, 75c, $1, 11.50. Seats on suln now.
CRUSH-TOM
Telephone 1531.
Matinees. Sunday. Vodnesday nnd Butur-
da)1, S:i5? I2verr .Evening, 8:15.
s iuon-ci,Ais VAiintJvn.i.u.
Kntist Fnmlly, Thn'rne & Cnrlston, Kmlly
l,ylton & Co.. Mignonette Kokln, Joh.i
(Jelgnr. Mltchel & Mcrnurd, the miirvOlous
klnodromc.
l'rlceai 10c, 25c, .10c.
Miaco'sTrocadtrof
M ATI NKli. TlTOAV-t
TIU.CPIIONB
tie, 'MU:
All
Week, Kxeeptlnp Saturday; .-Afternoon
nnu livening
THE VICTORIA. BURLESQUERS
thr P.B8T snow of tub hi:ason-
KVKNINO PIMCUSt 10c. SOiVOc-,
HMOK1C IK YOU UKH-
Next Sunduy Matinee, tho Itcnownod
CHKltllY 8ISTI5IIHV
COLISEUM. December IQtli.
MHtinee und Kvcnlnic,
THE KILTIES"
Cnunrin'ft Crnok Mllltiry Hand.
Coliseum will ho, heated and vontilatert.
Itcscrved 'soats on fnlo at-Douglas PrlntlnW
Co., 1508 Howard strpet.. v
The Salvation Army
lloyil'H Theater, Krldnv, Urn', if, ,.,
f 'Light in-Darkness?'
A lecture by
Commander. Booth'tiicker,
Tickets 25c arid lie in bojC'nmiV.nr 17
Davanpprt Street. Hongs by tliV Annv
Uukt lolst, , . ,
f
1
ll