rllH OMAHA. DAILY HEEt. : THURSDAY, DECEMBER 17. 100.1. TEtXTUOTTZn. CS--4H. To bealthy oslol ttMWorMtakodst- tint cttaTJetrr of opportao'tloa' Otir Down Stairs Dept. In our Flannel Department wo will eell remnants about like thi.: ;-. 1 .. , l-yard remnant ot 76a French flannel at So for th remnant. , I4-srls remnant ths finest- (LOO grad Imported flootcn wash flannels at too ' for tb remnant. Jyarda remnant of 10e flannelette at Mo for th remnant, g-yard remnant of lto OarmebHV at 4Hc for tJm'faronanL . Vi mention then few Just' to glv you an Id of tba redaction. Wg hav hun dreds guch remnant bargain of deialrable French Banna!, walrtlhga, silk n broldered flannel, flannelette, gutting flannels,, eto but thy will so fact, ao ba on hand arly. , . r. -. .'-; , "' Id ettr doenrld department wa will a en remnants of calicoes!, percales,' ailkollne, a-lntiuima, atilrtmg, ate, at about la, to, ac, and to per yard. Cum early. . epfcir txtzSwo ramL Christmas, beqinkino frxda. dec u, isoa. ' . 1 JlE1IinIPS0B.lfil (Y;Mv Cr-A."" tiuttdinfc ' .Corner: taluatlon) The -city of Louisville by an or tlnanoe bad directed the levy of a valuation taa upon all real estate la tne city, but im posed a, license tax upon thoae owning p r onal property In lieu of the valuation tai Imposed upon real estate.- It Waa held that1 wnna tne license tax tmposeo upon personal froparty waa Invalid and nm auih irUed, bat this did not have the effect to tie.uroy the ordinance so far as It authorised the lry of th legal tax and that those whu ware unjustly burdened by the operation of the ordinance might in a proper jrootOl tng obtain th proper relief. Tbe constitution, of Louisiana required a taa to b levied upon ail movable and Im movable property In the state, to pay in terest corning due innnally on all bonds Issued by th state. By an act of the legis lature a tax was Imposed upon all property la th state tor the payment of Interest en bonds, with the eXoeption of "household ga&e, silver plate Jswelry and mechsnlcs' and laborers' tools to th amount of fcVX) In each household." In Btat vs. Maxwell, 7 La. Ann., TA defendant In error sought to enjoin the collection of the tax upon the f round thst th atatute was unoonstitu Innal In enenidtlng from taxation any of the property of th state. The court said: 'This ouuri cannot perceive hew a tax- rayer can Justly complain that tie levy of a a la unequal because aome property In the state has been omitted In the assess ment, either through Inadvertence or be cause If la supposed to be exempted by an unconstitutional law, for th effect would , be th earn. Probably there never has bn an aaeensment which embraced all the property nf the atate, but that fact did not render the assessment unconstitutional. When the omission is discovered the prop erly meat be ad, for th constitution and Jaws require that property snail be sa lt hks been held In thla state that the omission of the assessor to list taxable . property doee not invalidate the tax levied on other propnrtlea. II. A M. H. It. Co. re. Ballne Co., U Neb., m. v Afeowt Ascartalftlas; Tlas. ' It la further objected that this act 'pro vides different rules for thei ascertaining the value, of franchises of many of the corporations doing business In this state: that In Some instances a tax la Imposed upon the gross receipts of the corporations In lieu of an ad valorem tax levied upon the value of the franchisee of other com panies; and that these features of the law are ao objectionable that it ought not to be enforced. . . Ve are all agreed that andef the consti tution of thla state the franchise of a cor poration la regarded as property and must be assessed and taxtd as other property. That th sam method of arriving at tha value Ot different classes of property Is not pursued or not required by ths stat ute is not an objection to ths law If equal ity of taxation la finally attained. Th vait vaneun or property , that exist require , different rule for tne Rsseasmest or dib i lerent ciaaeea, .ut if tti. lerlslatur has provided a mean by .which tb assessment wnea man can be equalised so that no ons person or Interest Is called upon to pay an undue proportion of the publlo burden that la all the taxpayer can de mand. It may be true that by th differ- em runs provided ior arriving at tne tax. Ill $40t(liiD STOCK ' Oriental Hup . CARPETS Frcni $2 op to $1,500 n iio O Dollar, Larteat sad moat beautiful stock ofORIBNTAL, RUGS, ' to. vtr brought to OmaJla LIUST BE SOLD wlthla few days. GKAI.CEOFAUFETIME Turlush & Persian niie GO. 1712 Fnrnom Ct, A Store SACRIFICE - SA f. IIIUltt-E. There are numerous reasons why our store should appeal to women. If la pre-eminently aa MtabUshment for supplying horn trad bast stocked plao of Ita kind In Omaha gentlemanly salesmen. We desire every woman la the city te feel that whether aha wtshea to buy lar, pur store is conducted oa a high woman shopver a her husband or I Hiller Liquor Co. Be, Dm. 1b. 19 On Thtrrsday Morning Dec. 17th, at 8 a. m. Special Rem nant Sale in Slirteeotb'.iuad. DpugUfTj able value of the franchise of-the different thi stnte, the franchise of ons company may be assented at a higher valuation than that or another, but as all corporation are asneiwed In the county, precinct and city where their business Is cuiried on It Is tho business- of the county. 'and city boards of equalisation to fairly and Impartially squalls the valuation of all personal prop erty owned assessed witnin tneir respective r.'.lf-ir.-J.'I- ""Vl- "."""1 r!: .' "Z I ju,,,,,,.,,,- ... aa tha Justice and qulty of the oase may reaulre. Whatever directions the law may give to the asseneor In valuing the property In the nrst Instance, and Whatever results these directions may produce In the as sessment of f ranchises or other property of the taxpayer the work of the board of equalisation la to equalise the valuations made so that sveryone aa nearly as that may be atUinsd, shall stand upon an equal footing and pay an equal iroportlon ot the tax laia aoooraing to he real value of Its property. For this purpose It may compel the attendanoe be- fore It of any person with books, records and papers, wunwi niK y u lummuuwi. redrew any wrong or Inequality suffered by any party rrom tne wore; or tne -assessor. In this way equality la attained and every Interest protected. - . Ptellt.es .4 Glv .Ad vie. . rm,ut vmrt , la.4ul If aMafaln law, that we shall point Out In our opinion the proper manner In which the asssssmsnt of certain particular property Is to be made, and to give directions aa to .the special manner In Which the law shall be put Into force. The court Is not an ad mlnlatrattVe board to direct the officers appointed to put the' law into operation ana direct the particular method of pro cedure in advance of any controversy actually existing. When a controversy srlnes and the question la properly put before us, then and not until then can we undertake to determine It. It wae stated in argument that something like 3u0 cases have been brought to this court. involving questions arising under tbe old revenue 4ct. The questions which may arise under thle or- any revenue aot that co. vd be passed are Innumerable, but until-tney are orougnt nere in ght here in a proper proceeding and we have had the benefit of argument and examination, we cannot I HHffrisaa u uuiy wmcii tne taw ivaeii Impose upon those appointed to adminis ter It or to lav down rules In advance of any controversy for the enforcement of ine provisions or tne law. it I sufficient at -this time to aay that no objections to the law have been raised of such serious import as to require us to 'declare the whole ant unconstitutional. As a whole, we believe the law to be f. good oh and to have been 'framed with the obloct of reaching all property In thla state and to impose -upon all taxable property it due share, of the public burden.' ThBt 'lt mar nu in some instance aoes not, re quire us, ta eoademn U ia a whole, -and tha writ applied for ar accordingly.de- nled.. - .. 1 Jdg taffl'a Olnloa. Commissioner Duffle In hi Syllabus gays: I In .making a return of his' taxable crou-1 rnj . vivrinivIIB Ql cntPlfr 1111 of Session laws of lfr tha ttmamr mav deduct frcrh tbe credit due him all Juet debt by him owing at the time ot such return. ' r , . . Section M of chapter laxllt Is a to revision. not for taxing the corporations therein named on their capital stock, but for tax Ing the shareholders on the -value of the stock held by them, and requiring the cor poration to pay tne tax assessed against ins anarenoiaers. Unearned premiums returned tV th In sured on the cancellation of s policy of In surance do not constitute any part of the gross reeelDta of the comoanv bv which ths policy was issueo, ana need not De included in its return ot gross receipis. unqeg tne Tu. impend on th.gV. Triceipt. of the Insurance companies named In sections M and 81 of th act la not in Unu of all other taxes, but such companies should b taxed on any real estate or otner t&xaDie property owned by them th same aa other nartlea. .' ' Tha law la not ebtectlonabio In that It nakne) a bank responsible fof the payment of the tax levied upon the fth&re of stork held bv ls stockholder, er an agent for tha tax levied on the property of his prin cipal- ' ''. Th gioa recenpta requirea oy in pro- visions of section TO to be returned for tax- axpress. 'P?'vonf nthtTar!deP!ot inolude r Interstat bualnen. - eomnanlea r nese done In receipt for It la im o no objection to the sot that on an anrai fmm tha hmm or r.'auauaauon no Jury le provided or allowed on the trial of euen appeal. . , Commissioner Lattton ana jH.irKps.inc: oonourring. . ; Coseaalsatoner. Fleiatlasr' l 1 take it, then, that tb decision ot Judge Day and Baxter,, regarding cer tain portion ot th law ar auulled by thla decision, aaJd Tax. Commtimloner Fleming, oa bearing of th decision. They held that tb four Interrogator! on the back of th blank need not be answered and th answering of the: word "none' and th t per cent penalty could aot be enforced. They bald that th penalty waa unconstitutional. The supreme court by thla decision holds - It oonstttutiomaJ. This will be a big help to th tax eommtsalonar la securing th re tuna of thai schedule. F1v thousand schedule are still out and IX (X hay bees sent In.. W hav - . a -Ylf-0' -rtIid!. aiwinfuua tuna m miMii 'w bw- tnainder. W shall get at this now with rhror. Th peaalty will be applied in every oaa ot a fallur to make) th rvtunv Only a -few day at best may be allowed for these returns, aa It will requlr all th time w pooaihly oaa bars to get our work In shape to pas over to th Board ot Equalisation, W oould not possibly get It completed before th middle of Janu ary and la order to do thls well, must have thea return la promptly 1 am very glad Jto knew that th court ha finally passed on thla matter, for that clear th way and we know now what w oaa and cannot do." Don't neglect a cough, for consumption hi time. Take Plao'g Cure All druggists, fto. for Women . " ... a Christina gift or to stock a win cel standard and la a much a plao for tb brother. - , -.-.' hi N. loth at Pood 1784 SEND WARSHIPS 10 TURKEY DoJUd Biatea Will MaA Show of Foroi ia Farttf AlindrUa, CONSUL DAVIS IS TO BE TAKEN BACK Representative at American Govrn sent Will Ba IrrtafuM by Oaa . ad Probably Tn Vessel Which Were at Beyre-ot. WASHINGTON, Deo. 1(5. -As a result of Minister Lelrhman'a advices tupwllng the Alsxandretta affair, the State department lias requested the R.wy department to place a warship -at the disposal of Consul Davis, now at'.Beyroot, upon which . he might roturn to Alexandretta at his pleas ure. The Navy department accordingly cabled Instructions to Admiral Cotton, on board the flagship Brooklyn, at Alexandria, I Kgypt, to place a vessel at the disposal of Mr. Davis. It Is believed the Brooklyn will be selected. It Is left to the consul to arrange the terms of his reception. Although Rear Admiral Cotton was hot Instructcd speclflcally to take th consul I back to his post under escort ot a Squad- ... ... . I ron. It will not b In opposition to the Navy I department's ' Wlshee If both the' flagship I Brooklyn and the San Francisco proceed to Alexandretta on the" expedition. It Is felt. In view ot the Indignities heaped upon .... . .... A -... i tne consul, tne return wun two winmpi i will be more salutatory than If one Ship ao- eympanled htm, Wait Ship at Core At the request of the minister at Seoul, who reports considerable rioting In -Corea, the State department lias suggested to the K.v 1i.niirtmnt that wamhln be sent tol Corean' waters. It' Is probable the Wll . I mtngton will be detailed for thla purpose. May Lend .Ms to Reyes;' It waa said at the Navy ..department today that the queatlon of placing a warship at the dlsboaal. ot General Rafael Reyes, ths Colombian special envoy, to convey him home when he shall have oompleted his mission had nor been taken up by the State or Navy departments. The Navy depart- ment la prepared to respond promptly In I Medal for Brave Boatswain. It waa ascertained at the Navy depart ment today that Secretary Moody, In ad dltlon to a letter of oomraendatlon to of 001 ?ery of I Boatswajn Patrick Deery of the Peoria, who at great peril swam to the submarine boat Adder and attached a line to It, will order that a medal of honor be presented to him as an evidence of the. department's appre ciation of his heroism. Ask .Help for Bntler. Clara Barton, preeldent of the' American National Red ' Cross, who visited Butler, fa., with member of her staff In compli ance with ' the' recent appeal of the mayor and relief committee of that stricken city for' assistance, "returned -to Washington today and In confirmation of the appeals from Butler made a statement addressed to th -people of the United States, asking for money 4a fight the dt lease. President Cnasr'ratalsrtea" Kax. Various topics ot Interest and importance were discussed at the meeting ot tho cabi net today, but no decisions of consequence were reached. Secretary Moody; mentioned the ,Panama situation only .to refer to, a letter which he had received frpm RW Admiral Walker. He said that Its contents did not differ. essentially, from the Informa tion that had been received by cable. from the htthrmis. Attorney Oeneral'KfiOY received the con- sratulatlons of tha president and his fellow cabinet rrlembera on his argument In the Northern Securities case before the United Rtataa minr.mn murt TREATY BECOMES LAW (Continued from First Pag.) not Intend to let this objection Interfere with bis support of the bill. Mr. Bailey took exception to the state ment made by Mr. Spponer to the effect that he (Bailey) had been Influenced toward I protection becaus or nis interest in in cattle business of his state. "1 -ctalm any sympathy with any bill I and disavow any. opposition to any bill affecting any lntereet of my own atate be cause of sentiment-In that state favorable to protection,' he ea1d He explained- that hla position on all matters relating to tariff waa that of favoring a tariff for revenue only. Mr. Spooner disavowed any Intention ot Impugning the motive of Mr. Bailey. Mr. Ballet- then diseussai the eonstitit- I tlonaj questions Involved In the bill, main tainlng that the house-had-the 'exolurtve right to original revenue ' legislation and had .no power jpver the treaties. . -. ' ' Attitad ef Deanocrats. Mr.- Bailey discussed at some Jsngth the attitude of the democratic senatora against the reciprocity provision ot the McKlnley law and the fact that the party -had' di vided on 'this and other matters.! "But," he said, turning toward the re publican Sid ot th 'chamber," "yoa will hereafter get no senators'' vote from th house on this aid of th chamber. You'll hav to tak oar ot yourselves) In th tu tu r. This statement was accepted a a direct reference to th decision of th demooraUo caucus to stand as a. unit oa all measure agreed upon by: a two-third vote of a oau- sua and aroused quick Interest. "Why?" asked Mr. Aldrlch, and he asked the question two or three times before Mr, Bailey oould reach th end of his senteno. Whll th query waa being put and re- Iterated Mr, Ballsy wag proceeding to say I Ilia WI1H IUV VMUU WW UtllUieUi SJa-UU I while house meaaurea war good they would that "when th reason wa sufficient and get all the detnooratlo vote." Thua Ka mad. ranlv ta Mr. Aldrlch' ra quest fo aa explanation of th reason tor the statement Just mad. The firt thought evidently waa that a sententious reply only waa neosssary. "Th senator knows why,1 he said, and then after a moment's thought he repeated:., "The senator knows," and added: "Ia eoros way or -another the re publican senators have beea able to unit on measure without a party resolution. and when a man bolted he waa shot on the spot. They have carried' party discipline to th point of abject aubmiaaioni w have pursued our course to th .point of insub : ordination. Now, I aay that in the future when your .measure are right you will have the solid democratic vote; it you are not right we will oppoae you. I lenatese ahonM Vet Cehaseleatlenaly, He appealed 'to Mr.' Spooner to know tf that waa not the correct position, but the Wisconsin senator replied in tbe negative; expressing the opinion that senators should vote as they think and not a tothirds of their party caucus, may dlrec-C Thla ea preceion.pf opinion brought out the stats meat trout Mr. Bailey that thla opinion had not; been exemplified In Mr. Spoonar'g Cffl claj life, because, be said, there had beea i many Instance In which Mr. Sppvner htd I pointed out the obnoxious feature of measures and afterward had voted for ' them. Mr. Spoo-ner replied by calling attentioa to his vots on the Hawaiian bill and the ship subsidy bill, but Mr. Bailey asserted that I Mr. Buooner's party had always-been able te acur hU vot whatever sawncd t says a party measure. , Mr. Ball? then entered on a defence of unity of action oa party measure, calling attention, to the party'e 1on retention nf Dower rhen united before the civil war. 71 have no patience with a I ".VST'a -tllVI? V - .a n IIVII aV Uitui liilUHl ll iw w asavriv ,sn. his party he should apt out of the party. For Mm "to remain after reaching auch a eonolualon Must be bad cither for him or his party." Again" addressing' the republican side of the chamber, and leaning far1 6vef the aisle toward h republican senatora who Were In their seats and giving Mm their, closeat attention, ha sold: "I 'doh't wonder that yoti look worried. Tou will get no help from us. You have been getting It, and al ways have been able to find some one over here who was Willing to make 'an honor able Exception.' to use tje language of the senator from Wisconsin,' and vote for any thing you might ask them to vote for. But you will get no morw of o'tfr votes. " Rtteee Over Democratic t'alty. He concluded this' feature ot his address by asking to be pardoned for publicly re- I Joielng ever a prospect of party unity, and makes the following "preliminary obser sald that hie present attitude must be ex- rations" concerning them: plained, . by big great disappointment over No Improper official act on' the part of the lack of unity in the, recent past. - He t.'.u.....i ... ..v 1 tvZ i I believed that with a return to the oondl- I tlCns before the war the party would again return to Its successes pt that time. - n ,i . . l ( j I I Mr. Bailey, .then resumed his dlstmasion of the constitutionality of reciprocity, en- gaging in ,. co loquy ... Messrs. ,. Piatt (Conn,), .: Foralfer (Ohio). nd Lodge JMsss.). explained brl..y that tfenv H 1 1 visit r. i w r mK (ha nnalflnH , t. - . Kv...w.w.. . either Mr. Bpooner, of MrM Bailey, AH I three maintained l.hat with-the aid of the 1 senate the president has the same power to negotiate treaties; affecting commercial and tariff questions , that he ha. to ne- gotlate othef treaties,. ... At 4; the vote oa the final passage of h- Mil t.i. r...,. I . T ...T..v... - - I Frye announced the passage, of th bill by . vote dt .S? to 18. The rote in detail was aa follows: Celllver, VcCom,' I'rrdra, , ' ' MeOrry. Clklns, . , Mi-Cumber, ' ylrhnks, MUch.ll, Forftker, t ni FoaMr (Wltk.), Ovannts, Pftnroas, fultm, V O.lllngar,., T ' Gorman, ' . Hals, ' Hanoa, "' Htnubroagh, Horbsra, Hoar, , Hopkins, ' Keam- ' parklna, Piatt (Oontt ), Piatt N. T.). proctor, Quarlaa, Bcott, . Simmon a, S.moot, ' Snoonr, Stewart, . StSne, Watmore It. nUm, ci.rk rwre.). Clay, Cnckrell, . Cullnm, Dpew, bllllntnaa, 1 ' Nays rulley, ..-. Burt. BateT Berrr. - Danl.lt, ' Dubola, . "yoirtur It.), McnetT,,,. .( MtLaurtn, Mallorr. Martin, Nflwlanda, Ptlt, Tallafarro, Tllr, Tillman 11. rulberaon. carmacx. Pairs were announced, as follows: Haw- ley with Clark of Montana. Millard with Clarko of Arkansas. Kearna with Olbson. warreiv with Monen uuay with Morgan ana Kittredge with. Patterson. Mr. Patterson' called, up and the senate agreed to the house resolution providing I for an adjournment from December IB to I January 4 for the holiday. The senate at 4:68.. went into, executive session and. at 6:15 p. .h. adjourned. JfeWa Pleases Havaaa. HA VANA. v.De. lKewa of the pas-I sage by the United :tales of the bill for reciprocity between" M United States and Cub v was conveyed here by a . bulletin from- the Associated Pres ana waaspresd through the trt in 'close of the bus!- itess day. It- earnr1 somewhat ' as a' sur prise, both to the Cuba h and Spanish mer- ch8nt .th, prolongetr tgotltlons and the wany Wnt UKir a fee1,nf of skepticism a to the outcome. President Palma and cabrnet-expressed no surprise. as they have 5wsTrVber5 Confident that: the. scheme of rec,'yoclty-. wouldeventu ally . be carried ou,u . .Nevertheless they were highly, gratified' and greatly relieved' at the settlement, of. the ..question. Ex pression of. satisfaction are universal In Havana today. r-- . . Americans., in Dimness in Havana ar enthuelastlo and believe that business will revive from - the .depression of the; past four months. It la, believed that the pas- sags or tne CHI will- result In heavy buy ing both from ,th United . BtaUs and Eurojie. ... AGITATES r, ARMY OFFICERS . (Continued from First Pag.) - - ii.i ment will go to the senate before the ad journment ot congress for th holidays and that, Mr. .Matthews will receive aa a Christ mas present an . additional four years m United Btates marshal. . j. m. ureen or fnamDeriain, .. D- re publican national committeeman from that state, left for his horns tonight Rnpresantatlvs Burkett leaves for South s.k0ta on Saturday. . . Money ior Indian, geboels. Representatives Martin Snd TJurk. adv called on the commissioner ot Indian at- falw to obtain favorable recommendations to several Items they desire Inserted In th Indian appropriation bill for the further Improvement of the Indian schools Chamberlain and Rapid City. 8. D. The desire 120,000 for the' purchase of some ad - dltlonal ground at-' Chamberlain and tha erection of several tiew building thereon and general improvement to existing struo - turea Postat Matters. 'Frank B. Jone has been appointed poet- . master at Coalfield, Monroe ' doun'y, la.. trie KHJah J. Deetar, resigned. Rural carrier appointed: Iowa Central ruUr' Mlnehart; substitute. William Hale. Elkader, regular Jesse B. Turner; substitute, Alva J. Nichols. Hills dale, regular, Wll ford Straight; substituts, Henry Straight. Oskalooaa,- regular. Her. man W. - Pike; substitute, Leon W. Pike. Thomasoa, regular, Clarence L. Sperrlng; substitute, Ambrose Oehler. South Dakota Erwln, regular, Edward Ooulson; substi tute, Oeorg li. Coulson. Sfasrman, rgu John Jrsnnaa; substitute, Daniel I iinau. 1 urm route establtsnea January US Inavale, Webster county, on rout; are covered, .forty-four square miles; popula- "oa- llfc rna. cueter county, one roatei area 'covered, forty-nine square allies; pop ulation, . S95. -- Iowa Coggen, Linn county, on additional; are covered, fifteen square miles; population. 478. Doesn't lav Krats. WABHIKOTON, Dec la-r-In ths opinion of ths .Stat .department extradition offl I olal. th,tallur of th information in th Bi. v"uia bmuuuivts cases wui nut operate to prevent the success of the pending ef fort to extradite Charle Krats, who. ts uow held under arrest .1 a Guadalajara, Max too, aa a tugltlv from Justice. Ta Car Cl tsi On Djr Tsks Laxative Bromo Quinine Tablet. AH druggists ssfund ths money If It fall ta cur. E." w. urove s signature la a eact box. ttc Yellaiwaten ktelly Cone Bona. RAN FRANCISCO. Dae. 14. Captain Ar thur KUy, 4 he famous Indian eaout who I - 1 served under (leneral Miles in th caoipaiga of UtS-lsVI and lm in Wyoming and Mon tana, when ha was given tbe eubrlquel Of "Yellow at one" Kelly, wolf on aooount with his tamlltajltr bordering on tue Tfalliw, scon nri- retoi-med from ths Philippines ca tb tranatxirt Btaenaaa. Jt-eUey i on way buu to New York. -A lor avar gfattere' After Portrr Antinsptle Heating Oil I ap plied. Believe pain lturtantly and heals at tb sam tlxa. Fur man or teaaC Prtue, Sc. BRINGS SMITH INTO CASE Ittsmets Bonaparte and Oonrid Bold Tonnar Oabin.t Member BletMWQrtlij, DID. NOT EXERCISE PROPER CONTROL Foarlh Aaalstaat Postmaster Gesierrt Brlstow Bays that low Congress men Received Favara from Benvere t pou .Request. WASII INQTON, Dec. M.-Tha report of Messrs. Conrad and Bonaparte on the charges made by 8. W. Tulloch, formerly cashier of the Washington city postoffice. against, the administration of this office, was made public today. . Under Instruction from the president the report views the Tullochcharges "from a legal standpoint." The report begins with a brief history of the nature of the Tulloch charges and then "y J pumio omcer or employs 11 ''"-K which did not occur more than three years Jui in, .,, ,,..iblA nrose- cutinns are barred. We are led, therefore. l"T" rP'1" "f" Vnd rU" in these matters rrom a legni stsnapoint in ft broader sense than we might otherwise venture to ascribe to them and understand pty ofThe omc.a.act.on disclosed 7nd not 'ry whether it may or may net have been criminal. . . . . . . "i . . , . continuing, tne report says tne revision nf tn.rfnaatpr Wlllet's Sneounta is of Itself tumcIt,nt td Bnow ,hat Mr. Heath-e official rejord a not so lear al to defy suspicion, ttndds' Mer. the confidential report of In- snector in Chars Bmlth. and the "special report" of Inspector Little, tend so strongly to sustain some of the most serious esth that It Is milts' Imnosstble to dispose phMrrM mad of these charges, by calling them Ilea out of the whole cloth, especian; member that ths ''confident we re- ort" Is i lad hv Inspector Bmlth tf regularities discovered by himself and that the ''special report'1 was prepared a whole year after Mr. Tulloch had left the office. Hot Shot - for Heath.' Tha rtnaonnbla inference' to be drawn from Mr.. Heath's complete failure to meet fully and explicitly accusations which, ss Postmaster General Payne very Justly ad monished l:lm "charged him wun many acta nf rinuhiful nrnnrietv." added to the facts appearing from his record eviaence laid before us, oblige us to say that at least a stronir prima fade case. Is pre sented ot willful snd reckless disregard hv tha lata firs, assistant nostmnsier gen eral or obligations impnaca on mm ujr.wie t-ea-nle-tlnns nf .bis own department, as well as by the statutes ot the I'nlted Btates and we reel it our amy to aao mm niciivn nt his nerscnal Integrity must be inevitably .aroused In our Judgment by an impartial consideration or tne iecis uu- mittea to us, ana or. nis piainiy uiavuv nh.ti anlanat1nna. t-- , The report then dealt witn tne reports Of inspectors and refers to the work of Auditor Castle In the matter of paying ex tra money to Beavers and others for ser- vices not performed or not legally -rend- ered, and says: We might give further Illustrations of th auditor's apparent' readiness to dis regard -the usual safeguards against un authorised expenditures, but this is need less because tne same, in our juagment. regrettable disposition' Was shown in mat ters ar more serious. Then follows, number of findings, ( tbe fifth and sixth being aa follows: The persons primarily responsible for the above mentioned abuses and the reslgna natlon scandals appear to nave been Perry B. jrteatn, then nrst assistant postmaster general and George W. Beavers, then chief of the salaries and allowance divi sion, neither of whom is -now In the ser vice of the United. States. ; ' '' gmlth Somewhat Respoaslble. Charles Emory Smith, late Doatma'ster erenaraii .Jamea EL WiUett, late postmaster or. vasningiop, -now - aeceaseai. jonn a. c mnnuu. ma- aiiv;uwnfiur ill 1110 pniu oim-fl and its present -incumbent; Robert J. Tracewell, comptroller, and Henry A. Castle, auditor for the Postornce depart ment, all appeared to have shared In some measure, - thair responsibilities; the late postmaster general for his seeming fail ure, nqlwlthstnndlng repeated warnings, to appreciate tho gravity of their miscon duct .and the consequent necessity for its prompt and adequnte punishment; the two postmaster tor toleration nf these abuses and obedience to plainly Improper orders without exposure, or, apparently, protest, and the auditor and comptroller for act ing upon lax ana arbitrary principle in the administration or tneir respective or flees, whereby the payment of illegal and ! seemingly fraudulent claims by the treas- ' Ury was rendered possible. The report then reoommends a thorough , Investigation ot the department of the first assistant - postmaster general and tha de vising of some p'an to take the auditor's office out ot politics and away from poll- 1 tlcal Influence. Following this report the report of Fourth : Assistant - Postmaster General . Brlstow . H ; made public. This report deals with the ; postal fraud cases, giving much additional, detail but no new Incidents of fraud. . Iowa , Congressmen Helped The report cites a clerk hire allowance of 1300 per annum ordered by Beavers at Lestershire, N. T., and. Dysart. Ia.. el though not so entitled, the recon tlona being made by the members rres of those districts. Reference tnougn not so enuuea, tne recommenaa ot con Is madi to a letter of the poatmaster at Duquoln, atin - wh ,n December, 1J01, wrote Senator I Mason a request to secure 1600 per annum 1 tor clerk hire, promising that If he would I do ao he would devote his time to the I senator's time for re-election. Th son- 1 a tor referred the letter without comment to Bee vera and the allowance was not mads, but later a member of congress made the time recommendation and It waa compiled with without further Inquiry.. The report refer to amount in excess for leases of postofflces against th recom mendation of Inspectors and quotes Seotlon I7J8 o fthe revised statutes Inhibiting con tract with congressmen and a) that Beavers nevertheless made- contract wtth members ot congress tor the rental of premises, either In their own names, 'the names of their agenta or aome members of their family. Mr. Brlstow saya: A careful InveatlKstlon. however, does not show that ths government has been de frauded by tne payment ol exoessive rentals to memoers of congress, either di rectly or indirectly. I recommend, how ever, that all leasee where a member of eongresa la a party be cancelled and leases executed In conformity with the etatutes. There ie no. evidence to- Indicate that Beavers' rsckless snd high-headed proceed ing -in the matter or leases was tne re sult of any general scheme of corruption or blackmail on hla part. Hie purpose seems to have been to place members of congress and Influential politicians under personal obligation to mm, , At Manhattan, Kan., ths report say on the recommendation of W. A. Caldarhead, a rental allowance for th poatofflc was Increased by IttO per annum, although ad- I Lionel rvtos was performed and despite an existing lea for ten year at the original Crura. Mr. Brlstow aay he doe not offer any crltlcUnj against the con gressman. HOUSE HEARS MUCH TALK a 1 renslen Bill Give Eaa for Cn x greaaaaen t Dtsrns Many , . . BablMtav, WABHINOTON, t ec When th house convened today eonstdaration of th pen Hons appropriation bill vrs reaniinad In onamittoe '' of the ' whole. Mr. Otheon, rep..'' (Ttran.) ba ng th first speaker! IU aid tb president had pursued a wis and prudent count la connectlrn wtth th Panatpn canal. H said th country had prtkspetred under the repubilcsa tariff laws and woull prosper ander republican Isth mian ennal kgUlatiuo. Ha naid th tariff was tik a petr of su:p-ndsv-ie tight bv some places and too loose In others, but very needful Jtist the same. Mr. pinsmore (Ark.), replying to remarks made by .Mr. Hltt, rep. (Ill ), !aat week, said be had not charged th administration with lawlessness, but had conscientiously described the act aa ha understood It to have been done. He renewed his contention that It wa the duty of th president to hav turned to Nicaragua, and repeated that the Panama canal law had been vio lated. He Insisted that the president had done wrong. Mr. Dlnsmore quoted from the speech made In New Tork last nlkht by Assistant Secretary Loomla.' saying that whan Mr. Loorals said: "It became evi dent shortly after tbe opening ot the Co lombian congress In June that there was not, the least Intention of ratifying the Hay-Herran treaty," his contention was sustained. He took Issue with other state ments made by Mr. Loom Is. Mr. Bassott, dem. (N. T.), spoke briefly on the Panama queatlon, saying that what the country wants to know ia It the course pur sued naa been properly taken ana wun a view to doing Justice. ' He said the Nlo araguan route should be taken ' Instead, asking what is a few millions more to this government. He repeated that but for the action of the government there never would have been a Republlo of Panama. Mr. Hltt, rep. (III.)., replying to Mr. Dlns more, said: After a treaty, by which we generously gave llO.OOO.ixiO at their demand, had been rejected with a bald and culpable spirit of blackmailing us out of tl,duu,oJ0 more, the gentloman from Arkansas says hs would yle'd It. I will cerUfy that all ths demo crats and all th republicans would glv President Roosevelt withering execration and hlsslrfg and acorn If he submitted to tntt blackmail. Mr. Hltt said the president had been ac cused of being too slow, then with being too fast. The president had only done his duty In preserving peace on the Isthnrua, aa he was charged to do under' the treaty. There was no other authority on the isth mus with which to negotiate a treaty than that recognised. Aa to the Panama act the administration's conduct waa but the ful fillment of the law. Mr. Parker (N. J.) reviewed the history of the Isthmus of Panama and rts relation to Colombia, declaring that there had been no violation of the treaty of 184 In any of the recent acts affecting Panama. ' Mr. Blrdsell, rep. (Ia.), who succeeded former Speaker Henderson, compared In dustrial and agricultural conditions under democratic and republican administrations He concluded with an eulogy of President Roosevelt. 'He was followed by Mr. Liver nash (Cel.), who spoke on the labor. ques tion, ' -Mr. Llvernash said labor believed that some great wrong' principle existed which needs remedying. It had been proposed that a 'congressional : committee be ap pointed to make a careful' Inquiry, 'but he did not want such an Inquiry as would be made by the Department of Justice, which, he asserted; persecuted some' little con cern. Instead of the Standard OH or Sugar trust, the very air of which waa polluting. Nor, he added, such Inquiry as would be made by the Department of Commerce and Labor. He spoke of them at kid glove rep resentatives, hut hs ssld.h saw evidences Ot kid gloves and not the axe. "One of the greatest enemies Of organised labor," he declared, "Is Carroll -D. Wright, with his distorted figures." - He declared that there should be no Rockefeller's or faraaa-teS. '.-"...' At 4:15 th house adjourned until tomop row. 1 jphe Boat of Evierything The Only Double TracK Railway .to Chicago Tie Omaha Chicago Train Par hxoelUrioe I No. 9 tolid train mmU up in Oiia daily ON TIME at B:JS ji. m., urriv,. ing Chicago 7:30 next morn ina. Library. Buffet Car, . Jiarb$r, new Standard Sleep: er, ChxirCart-Everything. .- sll rClty OfflCaa n 1401-1403 - FAR NAM ST. ' OMAHA ' Ttu 624-eai QuaKer . mm Rye I flavor ) taste, Ouafcer MaM ha a At all landing bare, ' S. tTTKaOH 41 CO. oalaa, drug stura gtsaas TX, M. .TM08B BKltOTirUl. A ntmra Tim la, a aatlsMMa swag tea. MiaalU nmiaa. r gnaluea muf tf tka elaaaat an sua W tug Hair CnV m-lag. U ia aapiir ayaiU-d abauiutalr . iliariula and UNI AlfUtiTluS 'araltiM. am4 tut 1-aa.vaiat. IslKSUL taUMC-t a (n Ul W. tU It, rawtwx. Ebaruan A McConuatl Drug Ck, Ooaauu. Bnnndi A pie Tesaoiy, -nt ' - Calumet Coffee House, i 1411 Dataatla lr. rk.a L. 1UT IliiHWt, raw a- , 4Y DISEASES t '. OF ; (i i l . ill U Vm I U I Men who Kan to te cored con' suit the Best Specialists. THE LONGLST LSI ACLISiitD. The most skillful and soccesstiv specialists In the diseases of men. .... AVOID DANGEROUS r OK Uncertain Treatment. When you are sick and suffering with a. disease that Is sapping your - lit away, you must not experiment with free treat ment propositions or incompetent doctors or specialists. It 1 then you need the' very beet, the most skillful and successful treatment. Come to- the State Medical Institute, where you are sUr to get the best DON'T WATT until' your whole system Is polluted with disease, or until your ner vous system Is tottering under the strain, and you become a physical and mental wreck unfit for work, study, business or marriage. With special disease and weak nesses you csn mak no eompromlae. Tou must conquer them now by the right treat ment, or they will fill your whole life with failure, misery, and woe. Uncertain, Im proper or half-way treatment can only do harm. The worst - cases I - -have . treated were those that had, been Improperly treated before coming to me, some having been maimed for life by bungling surgical procedure. I cure by restonns i.and pre serving Important organs. ,1 do, not ad vocate their mutilation 1 or destruction In an effort to make- a quick eurei Every aflTlctad man owee It to himself, his faml'y, and to the future generation to get cuiW SAFELY and thoroughly. ; NERVO-VITAL Above all other thing I strive to aav ths thousand of young and middle-aged men who are plunging toward the grave, tortured by the wooe ot nervous dbillly. th reeult ot youthful habits, excesses, etc. I have evolved a special treatment for Nervous Debility and special weak ness that Is uniformly cuocesnful In cases where success waa before' by other doe tore deemed impossible. It doe -not cum ulate temporarily, but restore - - perma nently. It allays the Irritation of the delicate ' tissues surrounding the lax and unduly expanded seminal gland, contract ing them to their normal condition, which stops night emissions, dries up day drain and prevent prematureness. It tones up nd strsngthen the. blood reesele , that carVy nrmrUhmeUt -to Weakened and wasted pert restoring them to full power, also and vigor, WB MAKE NO MISLEADING STATE MENTS or deceptive proposition to the afflloted, neither do we promlee to oure them IN A FEW DATS In order to eeeure their patronage, but guarantee a COM PLETE. SAFE AND LASTING! CURB In the QUICKEST POSSIBLE TIME, with out leaving Injurious after-effect in the system, snd at the lowest cost posslbls for HONEST. HKILLFUL and SUCCESS FUL TREATMENT. We, cur . . Strictore, Varicocele, Losses, Ner vous Debility. Impotency. Blood Poison (Venereal), Sores, Rectal, Ki.rtey and Urinary Diseases., and all disease and weaknesses due to evil habits, excesses, or the reeult of speclflo diseases'. Write if you cannot caU Consultation free. Office Hours a. m. to p. m. Bun-, lay 10 to 1 only. O V H T tl Electro-Me d 1c al i nstjtiite 14th. aneV letk 1308 Fnranna B., Bet. 14th. aneV Sts., Omaaa, sjek. . iiimiiiimi - in Rings' from 4 $6 to $500 . ft r 4 TaV lg&w0r a i ii i ''.'I mi aiaiann i ilsam n ., .1 V AMtJBK-ynew.Ta. y BOYD'S WM.4..:.rf ttt i'i snnattiai atsl V AOEL'AIDC' IThe Ptttl?alnty Comdy.(. TriuRiiun nftiiwnn t nn c IN ' irwiaki rillUiaW s-.i Friday and fntnrdny MUss4 Might CLARA , , I .THE GIRL WITH BLCOD300D in f THE GREEK ETES."' ' Clyde Fltoh' Latest Buoceast a, DUk rftUf "bfBt Kita. Til ' TKI.hlPnOlfH :1MC MODKRR TAIOKTILLB. Hat, Today a 25c; TONIGHT 0815 PRXCKS. V. I Mb. We. ' ' J ' " Thoator 19-25-60-750 25C MA.T. WED. TONIQUT .AT $ Tho. X Bmlth. a THE SWEIEEPEa gunday Matlne TXWtx by tb Eaa." nVaUSlT. H OT sri"4a. AIMCANSArj. Sav -" - nu rt nuataal. -Thai PAKst HUTtL Klirrt Oet Aeaartmn and t-ninpeain Iaaau w; ssjnrat .'a.'-a and Ciilll tuuuai we eCK- T. Mmrtae balk houat. Caautrtat t.T mnnaause Opaa tat Slar Ma.' - t. Ii lfAl"t. 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