THE OMAHA DAILY DEE: SUNDAY. APRIL 3. 1004.
STORY OF FIGnT IN TMBET
Engagement Between Netirei aid British
PretenU reatnret of Blanghter.
THIBETANS COULD NOT REACH ENEMY
Attack r Swordamea Met by Bayo
aets la Hudi at Slltks aad
Fearfal Fire from
Rlflee.
LUNA. Thibet, April l.-The Thibetan
reneral. the whole of hla personal escort
and five high Lhasa officials were among
the hundreds killed In the fighting of
Jieeh Zl at Ouru. Thibet.
The small British losses are accounted for
br the fact that the Thfbetana were so
huddled together that the majority were
unable either to use their swords or to fire.
The awordsmen In the front rank could
net reach the Sikhs, who had fixed bay
onets, while the mun In the middle of the
mob could not reach the. enemy, but many
of them probably afllerl ecch other In the
mad excitement. The scene recalled old
time fighting In cockpits, the grim, deter
mined faces of the Thibetans, lighted with
savagery, expressing contempt for the
Sikhs, whom they outnumbered tlx or
even to one.'
When the general fired the first 'shot
the Thibetans with wild shouts drew their
words, fired their matchlocks and surged
forward. About a dosen swordsmen made
a desperate rush In the direction ' of ' Col
onel McDonald and a small knot of offi
cers. Four Thibetans attacked Mr. Cand
ler, the correspondent of the London
Dally Mall, but Colonel McDonald seised
a rifle and shot down two of them at a
few yards, and another officer killed the
other two, thus saving Mr. Candler's life.
Those of the Thibetans who tried to
climb the wall met with a'terrlble maga
alna rifle fire, but they did not falter,
those beyond springing over the heaps of
dead and continuing the fight until riddled
with bulllets. The mountain battery was
brought Into action and tore the retreating
lines with echrapnel. The trail of dead and
dying marked the line of march. At
length, the last wounded, limping Thibetan
turned the corner, some 400 yards from
the scene of the grfm tragedy, where the
beat of the Thibetan army had perished.
OMAHA VIEW IMPROVERS MEET
Kcieastoa of Harary Street tar Line
to Maple Street Receives an
Airing.
The extension of the Harney street car
line on Thirty-third street from Parker to
Maple was up for Its usual airing at the
Omaha View Improvemept club last night
and the committee having the matter In
charge was given until next Friday night
o complete It report. The matter of more
efficient flre escapes on the Omaha View
school building was also discussed snd the
question will be at once taken up with the
Board of Education.
An Invitation waa directed sent to City
Engineer Rosewater to be present at the
rext meeting to talk on sewer matters)
W. O. TJre of the Real Kstate exchange
waa present on the Invitation of the club to
Impart some Information on the bond prop
osition to be voted upon next Tuesday.
Mr. Ure spoke In opposition to the propo
sition and fortified his remarks with an
array of figures on the blackboard.
The club voted to go on record as opposed
to the Issue of bonds, and a vote of thanks
waa tendered Mr: ITre for his presence at
the meting and for his address.
Mr. Ura stated that he would address the
Central Park club on next Monday evening
fir opposition to the bond Issue, and that
speakers would also be present at 4he
Nerth Bide Improvement club next Monday
evening also In the same Interest.
REWARD FOR THE MURDERER
Fear Hisiral Dollars Offered for
layer of Maa Foaad at
Creaton.
Chief of Police Donahue has received
advica from Sheriff Burns of Columbus,
Neb., stating that a reward of $400 la
offered for the murderer of the man found
In a vacant bouse about a mile from Ores
ton. Neb., last Tuesday morning.
The man had an ugly bullet wound In
the head, had a card bearing the name of
"William O'Brien" and a copy of The Bee
dated the day before the discovery of the
body and bearing the imprint of the Omaha
Union station news stand stamp.
Part of the plunder stolen from a store
at Creaton the day before was found In
the vacant bouse, but just what connection
nay exist between the dead body and the
burglary la aa yet an unsolved mystery.
Sheriff Burns states that some parties are
coming from Minneapolis with a view to
Identifying th body.
The theory at the police station Is that
the man belonged to a gang of criminals
who ob last Monday entered a hardware
tore at Creaton and stole $100 worth of
knives and rasora and a revolver. It is
supposed that the man was killed by his
companions In crime, for fear that he
, Simply Sigiv the Coupon.
Know How to
Get Well.
That Is all. Send no money. Simply i?n above. Tell me the book
you need. I will arrange with a drugKlft near you for !x bottles of
Dr. Shoop's Restorative
Tak it a month at my risk. If it succeed t the cost to you it 15.59.
druggist will bill the coat to me. And 1 leave the decision to you.
Don't Walt UntN You Are Worse.
TaJiao la ttma, tha auffartitf of thia little on. aroulft
ave baea praT.at.4. H.r nioiaar writ, ma:
"Tw yaani ato mr llttla s'.rl i atrk enn
tlauaualr tor all man tha. Wa uiea mar.r ao.--tara,
n th.r fatlad. yt It onlr took to
boitloa of your r.ro4y to cura bar, aiid ah.
kaa r.mliM4 curad. You r-aa tall otoera of
thla aura It rou ao daalra. Mr. C. H. A.rj.
Roakoala. N. T.
'Tla a lty aha did not I rat mrtu . tefor tha
eaaa ae aa&csreua.
Taa wifa at Omar Andnia ot Baroa Chtrot. La., bad
baa sick lor M yaara. For t raara could do rac
llo.ll ao work. Ha aiitaa: I
"Wkaa aha ftrat atartal Uklrg tha aaatora
tlvo aha twralr valahad 0 aouoda: a.w aha
waighs 1M, aad U abla lo do all har fcouaa
vara." Taraatx "dark" raara n!(ht aaa baao. "brlfhl''
anas. I
I. 0, BUIIagmlar o Thoraaavllla. Oa , tor tkraa
soars aaa boon crippled vita dteaeee. Now he la
wall. Ha VTttee:
"I apetit 3M M for ether enedlrlnee. and
tha M.M I bane apeut wits ot have dona ate
aure food thaa all tha net,"
Balk i
aey aad auBarlna might have bee a eared.
And theee are only three from oer eVaM aiB)'er
Theee let lore ooaeae of mem coma every
ear te me. t
Hat ami seneua lllaeee the Reatoratlee baa pre
vented I heeo n- moaaa of knuwlug, (or the elightly
til aad the ladiapaeed eloiplr set a bottle or two of
their drwggiet. era tured, and I ner bear from
Um.
Hot of toe toe atak oora aeiiouely atck. mlad roe
wrfee aaaed tor my guarantee. 3a out of Sack dS he. a
'aaid. raid limn la gui
would give them away. The Columbus
people believe the man to be from Omaha,
but advance no reason for their belief.
The police are trying to find out the caliber
of the revolver the man was shot with
and see If It will correspond with the
caliber of the revolver stolen from the
hardware store, which was a .38 and of
the American bulldog make.
OLD SOLDIER IS RELEASED
Clesired by Aid of Three Comrades
Beeaaee Mortgage Waa Wot
Recorded.
The case of James Shepherd, the old sol
dier charged with removing mortgaged
property out of the county, has been dis
missed In police court snd the defendant
discharged. It was shown that the mort
gage on which the action waa based was
not acknowledged according to law and
therefore could not be Introduced as evi
dence In the case.
Shepherd, who Is a mefnbsr of the Vnlon
Veterans' league, Grand Army of the Re
public, was represented by W. g. Shoe
maker, Major Miller and S. I. Gordon, all
old soldiers and anxious to sen their com
rade In arms come out of the fray with
colors flying. .
The charge was that Shepherd removed
some household goods, on which the com
plainant, F. H. Andrews, held a mortgage,
to Colorndo, where the furniture Is said
to have been sold. Shepherd claims he has
psld Andrews the amount of the principal,
3, several times over In Interest, and that
he was forced to dispose of the chattels
In Colorado while he was sick and without
funds.
Shepherd has a lnrge family and his needs
are being looked after by his comrades of
the I'nlon Veteran league.
Andrews, who is a barber, emphatically
declares he never charged or received one
cent of Interest and that Shepherd never
paid him but 111 of the principal.
PLANS FOR NEW CATHEDRAL
Flrat Steps Toward Erection of Edlflce
to Sacceed at. Phllomeaas
Mosey Deposited.
The first step has been taken toward the
erection of a new Catholic cathedral. It
Is announced that the work of foundation
laying In all probability will begin In May
or June. The building board Is composed
of the bishop, Father Colanerl, John A
Crelghton, T. J. Mahoney. T. C. Byrne,
F. A. Nn-sh, Frank Murphy, C. J. Smyth
and Frank Burkley. The building money
Is deposited in the First National and the
Merchants National, banks and the list of
subscriptions is to be published In the
True Voice. Thomas Kimball has been
working on the plans and will have them
so far finished In a few days that the
building board will be able to settle defi
nitely on the details of construction. When
this Is done the architect will hurry to a
completion the working plans and specifi
cations. HEAVY RECEIPTS ON LIQUOR
Most of Increased Internal R crease
C'ollretlons Come from Dis
tilled Spirits.
The total Internal revenue receipts at
the office of the collector of Internal rev
enue for the district of Nebraska for the
three months ending March Si waa $695,
JU9.44, as against $73,211.32 for the corre
sponding quarter of 1903. The collections
by months were: 1904, January, $239,016.84;
February. $29,623.92; March, $236,568 6). For
190$, January, $232,828.36; February, $304,
232.43; March, 2flo,HE.63. Most alt of these
receipts wera .for. the tax on distilled spir
its and a peculiar characteristic of the re
port li that' the collections for the months
of March for both, years were but little
over $400 different.
EVANS STRUCK BY BAD HORSE
Coanrllman from Sixth Ward
Narrow Karape from Mora
gerloas Iajary.
Has
Councilman E. D. Evans had a narrow
escape from death or serious Injury Friday
afternoon. With a companion, he had
taken a young driving horse out to Flor
ence to break to harness. Near Florence
the horse, which displayed an ugly temper,
balked. The councilman from the Sixth
ward got out of' the light buggy and at
tempted to Induce the 'animal to move for
ward. The latter began to rear and paw
the air with Its fore hoofs and one blow
narrowly missed the councilman's head.
Another caught him on the right leg and
bruised the leg badly.
Banquet to General Wlat.
The Commercial club gives a banquet
Tuesday rilgbt .to General Wlnt. the new
commander of the Department of
the Missouri, having deferred tl a
couple of weeks because of the
untimely death of Major Bean. General
('. F. Msnderson will act as toast matter
snd the following toasts and speakers are
on the progrnm: "Welcome to Our Ouest."
John L. Kennedy;) response, General T. J.
Wlnt; "I Am a Cltlsen of No Mean City,"
B. (1. Iinrbank: "A National Fpoch." J. P.
Breen; "The Ctlxen," Williamson 8. Sum
mers. If it fails
Why tha Restorative Succeeds.
You rear all and rub. adtuat and repair a weak en
' giae. It will oarer be itronaer nor do Ito work bet
ter without atean. Mora power more eteam (a rteo
eaaarr. And ao with tha vital orsaaa. Doctor theta aa you
will. Thai', mer. repairing. Permanent ruree aerer
come aave through treating the aervee that operate
theee argana.
aad that my ReetoratlTe does.
After almoat a lifetime ot labor ot atudy at bed
eldee and reeeenk In hoepttale I made dlacorer
ery. I found a war te treat, not the orgaua tkem
eetiee. but the noma the IneMe nerree that ope
rate theee orgena and giro them power and etreugta
and health. That dia-OTary haa lb own ma the way
lo cure.
It make, my offer poealble.
I know tha remedy. I never can forget tha atudy,
all the reeeerrk. the trie la aad taeta that perfected H.
1 here wati-aed ita atma yeer after year In caeea
dlnVult. dtet-Guragiag. Time after time 1 have eeen .
It k-rlng back health to tkuea poor onee whom hops
had almoat daaerted. I know what It will ia.
Hy only problem la ta coo. Lace you.
And ao I make my atee, Aad tha bare rat that
I make aucb aa aRe aught of ttaelf to eoavicee yoa
that I know kow ta cure. Plaaaa road It agala. It
meene eieotly what I aey, N catch no mlalaadlng
paraees la tt Simply thla row uka the medcine and
I will uka the rlak.
Abd yvw-aot I deilda li jow are ta pas,
KOUNTZE CHURCII BUYS SITE
Pay I Twenty-Five Thousand Dollars for
the Methane Property.
DEAL IS MADE ON A CASH BASIS
Plans for Sew Farnam Street Edlflce
Will Be Made toon aad
Gronnd Broken for
Work.
An epoch-marking event In the church
history of Omaha occurred yesterday, when
a deal was closed whereby the board of
trustees of the Kountse Memorial Luth
eran church will come Into possession of
a new site for Its place of worship as soon
as the necessary papers can be made out.
The new site has a south frontage on
Farnam street, between Twenty-sixth and
Twenty-seventh avenues, and has been
familiarly known as the McShtrne property
for many years, although It passed Into
the Hotchklss estate of New York City
about six years ago.
The property has a frontage of 259 feet
and a depth of 152 feet and was sold
through W. 11. Thomas, 503 First National
bank building, representing the Hotchklss
estate, to II. Q. Harte, chairman of the
board of trustees of the Kountxe church,
the consideration being $26,000 cash.
There are two residences on the . west
part of the property and It Is the Intention
to build the new church on the east 112
feet of the site, leaving the houses undis
turbed. Mr. Harte states that plans for
the new edifice will be made soon and the
ground broken for the new church without
delay. It Is est nated that the new bully
ing will cost $i'.0OO.
Cost of Present Property.
The present site of the Kountze Memorial
church, Sixteenth and Harney streets, re
cently was sold to Judge J. H. Neville for
$90,000 and the north third of the property
was disposed of to Shukert during the
stringent period for $26,000. The property
originally cost $3,500 when bought In 18X1,
since which time It has been occupied by
the same church congregation.
The last service to be held In the present
building will be on Sunday, April 10, and
on the following evening a farewell recep
tion will be held In the building. The work
of tearing down the present house of wor
ship has alrendy begun.
It has not yet been decided where ser
vices will be held until the new church Is
ready for occupancy, but It Is expected that
this mutter will be settled tit a meeting
of the board of trustees some time next
week.
The selection of the new Bite on Farnam
street Is looked upon as a happy compro
mise between .those who favored a down
town site and others who thought it wise
to locate at some distance from the busi
ness district.
WILL BUY ANDSELL TAXES
Company Organises to Take Advan
tage of Delinquent Sales l ader
Scavenger Law.
A company organized to take advantage
of the sale of property under the scavenger
tax law has filed articles of Incorporation
with the county clerk. The Incorporators
are R. C, Peters, T. J. Fitigerald. M. D.
Cameron and H. W. Pennock, who drew the
law and the name of the corporation, the
Taxpayers' Protection association. The
capital stock la fixed at $50,000 In shares of
$100 each, but may be Increased to $150,000,
The objects are set forth as follows, to
gether with the Intention of building:
The general nature of the huBlness to be
transacted by the corporation 'mil be the
paying of taxes and assessments on real
estate; the purchase of real estate at tax
sole, and In general the acquiring, owning.
holding, buying, selling, exchanging. Im
proving, sunaivicung, platting and leasing,
either as lessor or lessee, of real DroDerlv
and of any and all estates and! Interests
therein; the acquiring, holding, owning,
buying and selling and dealing generally In
siocks ot corporations ana associations,
bonds, notes or other evidences of Indebt
edness, as well aa all kinds of obligations
and securities.
STANDS UP FOR THE FIREMEN
Central labor I'nlon Assomes Re
' ponalblllty for K,rns Benefit
for Fire Fighters.
The Central Labor union at a special
meeting Friday night resolved to take up
the benefit entertainment planned for April
11-1 J at the Krug for the firemen, and
which the Board of Fire and Police Com
mlsaloners has forbidden them to carry
through.. The central body will assume
charge of the entertainment. Much feelmg
characterised the meeting and the commit
sloners came In for much condemnation.
because of the Monday order forbidding
firemen to solicit for the entertainment
which waa Intended to start a fireman's
relief fund. A committee of nine was ap
pointed to carry out the project. The fol
lowing resolution, signed by Lewis V. Guye
of the Barbers' union, B. J. Keegan of the
teamster's, John Korff, painters', and J.
A. Bradford of the Meat Cutter's union,
was adopted:
Whereas, Local union No. 10446, chartered
the
All You Need
to Do
Simply alga the abo
that la all. Aak for tha book
you weed The offer I make la
broad la liberal. Toe way ia
eaey le aiaiple. The Raatoratlva
Rut do not mlaunderatand me.
Sign here
'"'WHSs?Nstfc r'M
. . 'af. ' a, - a , .... . iv
Thla ia not free treetmeut. with nothing to pay.
Suck aa offer would be mlaleadlng would belittle the
phyalvlen who made It. But 1 believe in a alck one e lon
oety hie gratitude. That when he la cured he will lay tha
coat of tha treelment and gledly.
I meko tnte oSer ee that thuee who might doubt may leara at
my riee.
Tell of It, pleaae. to a friend who la alrk. Or Band me hla same
Tbet'a but a triae lo eek a mlnute'a time a peetel. He le your
. friend. Too can help him. My way may bo hie only way to get
well.
He will leant from my book a way to get well. Ferhapa, aa I aa.
aeirheor. amply write'
He will leera my Poos a way to sot wen rernapa. aa I ear.
the oolv way for him. Hla ceao may be eerloue h-pelee alinoet.
tne me'ter la urgent, then, write a poet el or aiga abut, today.
audreaa i. Shoo. ' aacina, Uia.
C th oalv Wy far him Hla ca m o wrM hiltrai alin'Mi. A .. mum "i 1 I
bv the American Federation of t abor, and
known as the Omaha Fire department F.m
ploves' as-soclntlnn has entered Into a con
tract with a local theater for the purpose
of giving entertainments, the proceeds of
which are to he used fi.r a sick and death
benefit fund for its members.
Whereas. The Board of Fire and Tollce
Commissioners have seen fit to order all
firemen to desist from soliciting further
subscriptions to this or any other project
not first authorised bv such board.
Whereas. Sueli an order Is a direct thrust
St the firemen's union, since It seeks to
compel a breach of the contract with the
theater which has been made by the union;
and.
Whereas. The maxim of organised lsbor
Is that the concern of one is the concern
of all; therefore, be It
Resolved, bv the Central Labor union.
That we condemn the action of the Fire
aid Police board for Its unwarranted at
tack uiion organized labor.
Resolved. That the Central Labor union
takes tirotn Itself the matter of fulfilling
the contract on behalf of our sister organi
sation: and, be It further
Resolved. That the proceeds therefrom
go to the organization for its original Intent.
Marconi stock Is a safe Investment.
AGREE ON JEARLY CLOSING
Several Wholesale Houses Will Shot
'Their Doors at 1 O'clock Satur
day Afternoons. i
The following wholesale shoe, rubber and
clothing houres In this city have agreed
to close their places of business at 1
o'clock Saturday afternoons from April 1
to October 1: Williams Bhoe company,
F. P. Klrkcndall ft Co., Interstate Rubber
company, Hayward Bros. Shoe company,
M. E. Smith A Co., American Hand Sewed
Shoe company and Byrne & Hammer Dry
Goods company. These are all the Jobbing
houses In these :)nes doing business In
Omaha. They have been In the practice
of early closing In Vormer years, but have
not got together so early or closed by
common agreement. John Kelly of the
Williams Shoe company circulated an
ag-ecment among the firms promising to
take this nctlon.
Who Is "Marconi?" See page 17.
The f Motor Cycle.
Few people ever stop to think what the
Motorcycle really Is; supposing It to be a
crude piece of machinery, violent and dan
gerous, they shun It. The first bicycles
were thought no more of than were the
first Autos and these little more of than
the Motorcycle, but a little time and the
Motorcycle, will stand high above them all,
because It Involves more advantages than
both of the others-combined.
Long experiments with these and with
the gasoline engine give the Motorcycle
the latest, best and safest productions from
the Inventors. In fact It Is such a pim
ple machine that anyone can learn to ope
rate or repair one In an extremely short
time. The speed can be regulated from
five to forty-five miles per hour. This
machine not only Involves time-saving ad
vantages for the business man, but for
the pleasure seeker. No stopping for hills
or bad roads, no pushing or pumping till
one Is worn out with exertion, but free,
easy riding without effort or exertion.
All In all, the Motorcycle la a time-saving,
labor-saving, health-giving Invention.
Louis Flesher has one of the finest Mo
torcycles on exhibition at his store. It
will pay you to call and -get acquainted
with It. It Is there for you to examine.
Investigate and try.
Ilomeaeekera and Colonists.
On the first and third Tuesdays of each
month the Missouri Pacific Ry. will sell
both one-way and round-trip tickets at
very low rates to certain points In Kan
sas, Arkansas, Oklahoma, southwest Mis
souri, Texas, etc. On the round-trips stop
overs will be allowed on the, going Journey,
with final limit of 21 days to make the
trip. For pamphlets,' time tables, rates.
etc., write or call ofi any agent of the
company or Thomas Ft Godfrey passenger
and ticket agent, southeast corner 14th and
Douglas streets. Omaha, Neb
Christian Science Lecture-,
Mr. Blcknell Young, C. S. B., of Chicago,
member of the Christian Science Board of
Lectureship of the First Church of Christ
(Scientist) of Boston, . will lecture on
Christian Science at the Boyd Thursday
evening, April 7. Admission free. Mr.
Young has devoted much time and earnest
thought to his subject and la fitted to
speak with authority.
HUGO JONES, OFFCIAL CHEMIST for
the city of Chicago, in a letter to the NA
TIONAL FIREPROOF PAINT CORP.,
says under date of March 24: "I certified
to the Commissioner of Buildings that your
paints are as EFFECTIVE AS IS RE
QUIRED BY THE CITY ORDINANCE.
THEY conform to Its ruling. This test waa
made for official business."
Read about "Marconi" on page 17.
DIED.
LAMPHERE Adella M , April 2. 1904, aged
81 veals 2 davs. mother of Mrs S M
LeClalre and grandmother of Mrs. George
Services at late residence, 3X43 Franklin
street, ounaay at interment, Daven
port, la.
WELLKR Frank, at Nebraska City, Neb.,
b-ii jm j iiiumn ana zt nays, voung
est child of Mr. and Mrs. K. B. Weller,
of nneumonla.
Funeral from family residence, Nebraska
v ny, monuay anernoon, April 4. '
Book l on Dyspepf la Book 4 for Women
Book 2 on t he HrVt Book 6 for Men (sealed"!
Book 3 on the Kidneys Book 6 on Rheumatism
Send me the book checked above.
11 V . B II
AT THE PLAYHOUSES.
"Manning; for Office" at the Boyd.
The Four Cohans In "Running for Office,"
a "frivolity" by George M. Cohan; under
direction of Mr. Fred Nlblo. The caatl
Andrew Kiley, Mayor of Tlgersville....
James H. Msnnlng
Sam Uayland, the popular man
William Keough
Peter Plnchem. the constable John Keefe
Herman Helberger, Uussle's college
chum Joe Smith Marba
Franklyn Flusher, a theatrical man
ager M. J. Sullivan
Dan Tlmmons, Riley's right hand man
Hugh Mack
BoIIvrt Blxby, Uaylund's servant
Joseph Leslie
Captain Hicks of New Hampshire foot
ball William Forrest
Quick Hall, a sergeant of police
Charles Fachman
Jim Fiiz, a temperance crank
William Seymour
Alf Bach, a foot ball player. Fred Williams
William Raid, a policeman
Walter Stanhope
Swift Chase, a patrolman... John KaufTman
John Tiger, prohibition candidate
Jerrv J. Cohan,
August Wright, "'Rah, 'Rah, 'Rah"..
George M. Cohan
Mrs. John Tiger, formerly Mrs. Wright.
Helen F. Cohan
Madeline Tiger, New Hampshire. '04
Josephine Cohan
Susie Sprlghtllng, "Jenetta Zanfretta"..
Delia Nlvens
Gertie Oavland. a nolsv kid. ..legale Joyce
Mary, Mrs. Tiger s servant. Florence Lame
Just a little something doing all the
while; not an Idle minute, and certainly not
dull minute, during the wholo show,
and the Cohan family Isn't the whole
thing, either. Naturally, Mr. and Mrs.
Cohan and their gifted son and equally
gifted daughter occupy a great deal of
space in the lime light, but there are
others In the cast, and each has his or
her work to do, and it Is done In a way
that Is most artistic. "Running for Office"
needs a new adjective to describe It. It
has farce and comedy and music in It, al
though hardly enough of the latter Inr
gredlent to make It a feature; and It has
some vaudeville, and some serious acting,
and It Is full of fun from the time the
lid la pulled off until the can is emptied.
The little plot It contains Is sufficient to
tell a good story. A widower marries a
widow, and each conceals from the .other
the fact that there are children. The
widow has a son and the widower has a
daughter, both In school near the home
of the widower, who Is running for the
office of mayor of his own town on the
prohibition ticket. The young people fall
In love with each other and very natural
complications follow, which are worked
out on original lines, with the result that
much fun Is engendered. In every way
the piece is bright, even sparkling at
times, and many pretty little bits of new
ness are offered In each act. This is one
of the greatest recommendations for the
Cohan offering; they don't do what one
naturally expecta them to, but do some
thing else, and keep the laughter going
all the while. Everybody named In the
cast has something to do, and every bit
of It Is done well. George Cohan's songa
and the dancing of he and his sister
Josephine are the main points of the pro
gram, but the chorus is pretty and can
sing, and the character acting of Messrs.
Manning, Keough, Keefe, Sullivan and
Mack and Miss Nlvens Is excellent.
BRUSH SAILS FOR THE EAST
Leaves on Transport Logan for Three
Years iervlce In Philip
pine Island.
Lieutenant Colonel D. H. Brush, Elev
enth Infantry, sailed Friday on the trans
port Logan for the Philippines to enter
upon his new duties with the inspector
general's department In that military divi
sion. .
Orders were received at local army head
quarters detailing Colonel Brush for duty
with the Inspector general's department for
four years. This will give him three years'
duty with that department In the Philip
pines and one year In the United States be
fore returning to his duties as a line officer.
His appointment to the Inspector's depart
ment will necessitate the appointment of
another lieutenant colonel for the Eleventh
Infantry.
SUPREME COURT SYLLABI.
The following opinions will not be offi
cially reported:
12753. Sorenson against Eorenson. Error
from Valley. Former Judgment adhered
to; Judgment to the district court reversed.
Albert. C. Division No. 2. Unreported.
1. In a proceeding for the distribution of
between parties, each claiming as next of
kin and heir at law to the exclusion of the
other and all other persons, the right to
open and cose rests In the discretion of
the court. Disaffirming the rule announced
on former hearing, 94 N. W. Rep., 640.
2. A Judgment In rem Is binding and con
clusive on all parties, as to every matter
necessarily Involved In an adjudication
upon the status of the person or thing
which Is the subject matter of the proceed
ing, but as to mntters Involved In collateral
litigation In such proceedings, between par
ticular parties, and hot necessarily Involved
In such adjudication, it Is binding only upon
those who actually litigated such matters
and their prlyHs.
3. Privity, so far as concerns the effect of
a Judgment on property lights, does not
arise from mere relationship by blood or
affinity, nor because two parties may have
an interest In the same subject matter of
litigation; it Implies a relationship by suc
cession or representation, between a paitv
to the first action and a party to a sub
sequent action. In respect to a matter ad
judicated In tha first.
4. In a proceeding for the distribution of
the estate of an Intestate, the administra
tor Is an adverse party, and where one of
the ((.sues between rival claimants Is a mar.
rings of the Intestate with a third partv,
the testimony of such third party Is In
admissible on such Ihsuc under the provi
sions of section 328 of the Code of civil
Procedure.
13372. Hlxon Map Company against Ne
braska Post company. Error from Irftn
caster. Reversed. Kawcett, C. Division
No, 12. Vnreported.
1. Eli her party to an executory con
tract may abandon or renounce his con
tract at any time before performance Is
due. on the usual terms of compensation
to the other for damages, which the law
recognizes and allows, subject to the
Jurisdiction of equity and decree of Fpe
ciflc performance In proper cases. IHb
bons against Bente, 53 N. W. Rep. 7&,
and cases there cited.
2. A mere declaration by a farry to a
contract, before performance thereunder
Is due. that he does not Intend to carry
out the terms thereof, will not cnnstl'ute
a breach so as to authorise the other
to at once maintain an action for the part
at any time before the period fixed for
performance has the right to recant and
comply with his agreement; but If he falls
to withdraw his declaration before the
time comes for perfoimance. It will ex
cuse the default of the other pariv.
Carsteris against MacDonald. 3X Nfh. K&,
and King against Waterman, i6 Neb. 324,
followed and reaffirmed.
3. Where a partv gives a reason for his
conduct and decision touching anything
Involved In a controversy he can not,
after litigation has begun, change hi
ground and put his conduct upon another
and different consideration. Ballot!
against Sherwood. 32 Ncl. W6, and Kren
ser against Dufrene, aH Neb. 4:2, followed
and reamrmeu.
4. When the evidence aa to the alleged
breach of contract is all contained in lei
teia which had passed between the par
lies, and there Is no conflict aa to what
i the lettera show. It Is for the court to
, determine the legal effect of sjch evi-
deuce and to so Instruct the Jury..
I a. When the assignment of a written
j contract, bv a third person, to the plalniirf
I In an action bear a upon Its buck the gen
eral endoraement or sucti inira person,
and the undisputed evidence shows thtit
the contract was dullveied to plalnlilT
under such endorsement.- and that the
plalnllfT Is the owner thereof, and plaintiff
actually haa possession of such contract
and produces it upon the Irlol, it ia tha
duty of the court to liu-trufi the Jur,
aa a matter of law. thai plaintiff Is en
titled to maintain the action, if a right
of action In other reapecta exlatg..
13431. 8toiy agalnat Robertson. Error
from Pawnee Affirmed. Fawcett, C. Divi
sion No. 2. Vnreported.
1. When the iaauea nresented by the
parties In their pleadings, or the record of
tne iriXI WI a cowo contlUilvviy vnuev, inai
one of Uio pevrUeg wag eatitltd to the Judg-
JUST ARRIVED
CARLOADS UPON CARLOADS OF BRIGHT,
NEW GLISTENING PIANOS FROM THE
MOST DISTINGUISHED MAKERS
j Yu have always meant to I '. !' I 1' ,''.-. I
j buy a STEIN WAY PIapo ' I ! jJJU
j that it your Meal. You don't jj jj ii j. t -y"' ..ll frJ
I know how the idea camo to you Jfy4l I tjif a'1'
Yju have alwavs meant to
buy a STEIN WAY PIato
that it your Meal. You don't
know how the idea cam to you
(hat Stoinwayi are tha oeiL.
We can tell you. It is '
Public Opinion
No one told you to. The
world tayt to. and when the
' Steinway f oea home you will
know why better every day.
All Other Makes Taken
In Exchange at Market
Value.
ii
Our Omaha Hand Made Pianos Are
Winning a Deserved Success
BARGAINS
Used Vprlght, Grand and Square
Pianos taken In exchange, or returned
from rent will be closed out regardless
of value.
Upright Pianos In Our Bargain Room
Chase. Schubert, Kimball, Pease,
Hallet & luvls, Arlon, Howard, Har
rington, Gramor, Stetson, at prices
from J14H.00 down to tt.on. H.tO to
H-W monthly payments. Square plnnoa,
nearly all mokes, 10.00, llh.Ot). t27.0i).
$40.00 to $60.00 for the Very best. $2.00
monthly payments.
We Ship Pianos Everywhere
SCHMOELLER
The Leading
1313 Farnam St.
STORES AT COUNCIL. BL.UFKS.
Bulletin of
Reduced Rates.
Travelnra of an economical turn of mind Trill be interested In
these low rates.
Tbey apply from Omaha to
Rnn Francisco
Los Angeles
Portland
Seattle
Taconia
ITome-aeekers'
Excursions to
the West and
Southwest
California and
lleturu
Full information at all Rock Islnnd ticket offices or by ad
dressing ,
ment of the district court, it is within the
power, and Is the duty of tills court to put
an end to the Judgment, which It ought to
have entered in the first instance.
2 When this court remands a case to
tha district court with directions to enter
a specified Judgment, either In an action
at law or suit in equity, the district court
has no discretion to do othfer than literally
obey the mandate of this court.
3 When the clerk of the district court
pays money In his hands belonging to A
over to B as attorney for C, and B pays
the same, less his lee to C. they are all
three liable to A therefore. Robertson
against Brooks, et al. 91 N. W Rep 709
" And in such cane, It is immaterial
whether their act was the result of inten
tion or iKiiorance of the law.
1.133 Whltaker against McHride. Appeal
fern Buffalo. Judgment. Albert, C. Divi
sion No. 2. Unreported. . .
1 Whra the title to real estate has
been quieted bv a decree In equity against
one In possession, a mandatory injunction
Is a proper remedy to enforce the decree.
A supersedeas I" a statutory remedy,
and If not given within the time limited
bv statute, the right to such remedy U
lost, and If given thereafter, la Ineffective
1K75 Hunter against iJtng. F.iror from
Lancaster. Affirmed. Ketton, C. Division
No.-3. Unreported.
1 Where a motion filed to a petition has
been overruled and exception taken, and
afterward an amended petition is tiled to
which the defendant answers without re
newing his motion he thereby waives the
error. If any. committed in the overruling
of the motion.
2 The act of 1897, commonly known as
the deficiency Jutigun-nt law, does not take
away or impair the right of the holder of
a mortgage, executed before Its enact
ment to applv for and otitoln In an action
for the foreclosure of the instrument a
personal judgment for the residue of tho
mortgage debt remaining after the applica
tion of the proceeds of the foreclosure sale.
Murrow ngainst Vanderbergh, N. W.
Rep.. 67. Neb., followed.
VltB Sand Hills Com company against
Phillips Urns. Krror from H'oker. Dis
missed. 1-etton, C. Division No. 3. Unre
ported. F.rcor will not He from in order dis
The following opinions will be officially
reported :
I'ltio. Cleland against Anderson. Krror
from Dawson. Affirmed. gedgwlck, J ,
lt.,nies. J disserting separately.
1. A right tif action for tort Is not prop
erly within the meaning of the national
bankruptcy act. and. even though an action
is pending thereon, such rinht dots not pj'-s
le the truxieea in bankruptcy.
2. An action fur ennf piracy whereby
plaintiff was "driven out of business as a
dealer In lumber." under section 11 chanter
a. I'omolled Btaiutts 1!1. is an action
In tort, and doea not arise "fn.ni the un
1 awful taking or detention of or Injury to
bis proirtv" within the meaning of tho
federal bankruptcy act.
YJC6. Horst against Iwla. Error from
Madison. Affirmed. Ames. f. Division
1." Persons engaged In selling Intoxicating
Honors under licnaes In this stte are
Jolntlv snd severally liable for all damagea
arising from such traffic, to the exuse of
which they have contributed, and such
lal"lty extends to the sureties upon tneir
bonds ,
Z. All such persons ana sureties may ba
CHOOSE YOUR PIANO
carefully, as you would choose a
friend and let us Introduce you' to
tho exclusive Tlano set.
Sieger & Sons
Hardman
Emerson
A. B. Chase
Most r Sons
Truly a charming and highly dis
tinguished elr-le easy to meet with
the Schmolltr & Mueller prices and
terms. '
i THE PIANOLA
the new, light running Pianola, with
the metrnstyle music. Is far and away
In advance of Its Imitators. Kmmlnent
musicians like Padcrewskl, Bauer,
McHikowski. Chaniinnde. etc., have
marked detailed Interpretations on
music for the Pianola ONLY. This
feature alone more than doubles the
VAM'E TO YOU of the Pianola.
Purchasable by moderate monthly
payments. ..... ,
We are sole agents. Visitors wel
come. & MUELLER
Piano House.
OMAHA, NEB.
LINCOLN. SIOUX CITY.
$25
Today and every
day until April
30th
Cne fare plus
$2.00 or the
round trip
$45.00
April 5 and
April 10
April 23 to
May 1.
F. P. RUTHERFORD, G. P. A.
1323 FARNAM STREET,
OMAHA, NEB.
Home Seekers,
Low Rate Excursions
First and Third Tuesday
of Each Month Via
and Iron Mountain Route
To certain points In the Southwest and
Southeast, nt one-half rates plus 2 for
the round trip. Final limit of tickets, :i
days. Stop-overs will be allowed within
transit limit of fifteen days going, after
reaching flrft home-seekera' point
route. For further information or lani
Iiamphlets. folders, mapa, etc., address
1. ('. TownM-nd, general .passenger ami
ticket agonl, St. I)tils, Mo.; T. V. Ood
frey passenger and ticket agent; Tom
Hughes, traveling passenger agent, 8
K. "or. Fourteenth and Douglus Sta.,
Omaha, Neb.
Joined as riefendanta In a aingle action to
ree-)ver damage and if a part of them
do not reside, or cannot be found. In the
county l.i which the action is brought, sum
mons may 1m served Usin them elsewhere
K A brewing corporation may become
linile as sillily upon a liquor license bond
executed by It to induce the licensee to
lease a building from it and deal exclu
sively in lis produrte.
KlUa, Atleutluu!
Special Invitation lias been extended by
Brother R v. Mackay for all Elks to at
tend Kaxter services at All Saints church
this (Sunday) evening at 7:30 o'clock Spe
cial music will be rendered in addition ta
an Instruction by Brother Msrkay. Stats
will be reserved for Klks and their ladlea.
Be sure and come. Fraternally.
FRANK A. FCRAY, Secretary.
Grand hall given by Laurel hive, L. U.
T. M. Thursday, April 7. at Washington
I hall. Kachnia.n i muslo. Tickets cents.
vT !