THE OMAHA DAILY ttEE: SATURDAY, NOVEMBER HO, 1007.
Apolli
"The Quern of
rapacity of ths pumps were specified. Ths
storage and sMtllng reservoirs were lo
csted, their . number . and capacity glvOn
and the elevation of the former above low
water m,.r1i of the river and aJ)ov the
various portions of the city were set
forth. The mala or pipe system was de
scribed In minute details; the names of
the streets In which the pipes were to-be
laid, tho distances to be traversed, the
sljie of the pipes In each street and the
precise location of the' first J47 Are
hydrants were shown. The report also
contained tables showing the discharge
capacity of water mains or pipes of spec
ific diameters and lengths, and also the
dustiness Ore streams could be thrown
with stated pressures at " the -hydrant
heads, through hose of different lengths
and noules of different diameters. The
tfharscter of Missouri river water. Its ex
cellence for drinking and domestic pur
poses and the ease of clarifying It were
discussed.
Plans and Ppecdflratlone.
"In short, the report whfoh concluded
with an Itemised statement ' of the esti
mated cost furnished almost complete plans
and apeotOeatlons for the nU-e works
The distribution system was designed for
both fire protection and private consump?.
Hon. In other words, there was not to be
a separate system of mains and pipes for
each. The difficulties In depending wholly
Upon direct hydraulic pressure for Are
' protection were poln'ed out. It was said
that In a large, densely populated city It
could scarcely be considered a safe re
liance; that the friction caused by the
transmission of the water through an ex
tensive pipe distribution and the depletion
by dally consumption would necessitate
' an Immense Initial pressure as the city
grew. It was said that the experience
In many cities was that reliability upon
direct hydraulic service was diminishing
proportionately to the Increase of the de
mand for current supply. Hydrant service
as a sole reliance for (Ire proteotlon de
pended upon one or both of two things,
namely, the gravity pressors resulting from
the elevation of the reservoirs, and direct
pressure from the pumps of the water
works. Maslnram Gravity Preanre,
"Tfie maiSmum gravity pressure was
fixed by the elevation of the reservoirs and
therefore not the subject of Increase
though Irs efficiency depended greatTy upon
the judicious arrangement of tho phie sys
tem an dtbe location of the hydrants. As
the etty grew this pressure was subject
to great Impairment by the Increase of
friction In trie Increase of the pipes and
try the constant withdrawal of water by
consumers. On the other hand It was
.stated taut direct pressure from the pumne
was always more or less objectionable.
The contract and ordinances required that
the work should be' of capacity and
power to throw streams of water to spe
cific hsfa"rrts from hydrants at deshrnated
, points. When the works were completed
In 188 taey were subjscted to these tests
and were accepted by the city as com
plying with at! requirements. In the fall
of ltng. after these actions were begun,
'the city authorities made tests of the
pressure at the hydrants and It la orm-
' tended that they disclosed that the pres
sure was deficient and did not reach the
contract standard.
I. eat Teste E Part.
"On the other hand, the company claims
that It was not contemplated that the pres
sure specified In the contract should be
maintained longer than a year after the
completion of the works, also that the last
tests of the'clty were ex parte, without
participation on the part of the company,
and that It was not requested to and did
not re-enforce the gravity pressure by di
rect pressure frowi the. pumps. However
this may b we think that the trial court
was right In holding the evidence showed
that the maintenance of the pressure
sought by the city would be Injurious to
the enrvloe pipes and the plumbing in the
buildings of the cy. and that as private
consumers were furnished through the
same malna that afforded the fire protec
tion, It could not bare been contemplated
that a pressure should be maintained for
Underwear Is the foundation, on which yon build health and com
fort. It you rrsiiie the vital Importance of. tho right kind yrm will ap
preciate the excellence ot onr tork. Two Underwear departments.
ICasy fitting, comfortable Underwear, from the beat manufacturer
lu the country.
Boys'
and Girls' Underwear
In the Et Room
Bor cnton Bail, combed Erp
lien cotton, natural gray, Jersey
ribbed
Beys' Union Salt. Jeraey-rtb wool,
extra quality, per tuft . . . .fl.ftO
Boys' Union Suit, fine plaited
wool and cotton, SO pen cent
wool, 10R 91.50
Bow' Shirts and Drawer, fine,
natural tray, Jeraey-rlb far
menu, at earn , 85c
Boys' Shirt and Pants, fray,
ribbed ootton. garment Soo
WRITE FOR ILLUSTRATED CATALOGUE.
BENSON
vjV- nn 9 7 -si
v wis L3I7 DouciAJrrniuLry
..js-s-mw swsrsi suits mm- iw mm ' mkfmm ss.sapispn,, iu
"V- -O-
nans
Table IVaters"
one which would be destructive of the
other; and this notwithstanding there was
language-Jn the contract and ordlnanoe
tending to the contrary. This seems to
have been the construction voluntarily put
by trte olty upon the contract and ordlnanoe
as early as 1SS5, when It purchased a fire
engine : and commenced the establishment
of a fire department. Other engines were
purchssed from tfme to time thereafter and
by such means the pressure that waa lack
ing at the hydrant heads wss supplied by
the engines on occasions of fire.
Claim of rallsre of D4y.
"It was also claimed that the company
failed to perform Its obligation to furnish
pure, wholesome, clear water, and there
fore there could be no recovery upon the
contract. No special damages were alleged
to have been sustained by the city on this
account, but performance by the company
was asserted as a condition precedent to
Its recovery upon rhe contract. It Is con
ceded tli at the water was taken from the
Source prescribed, namely, the Missouri
river, and It was shown that -settling ba
sins, also preecrrbed, were used by the com
pany and were the means employed to
purify and clarify the water, ever since the
works were Installed. It may be admitted
that It was a continuing duty of the com
pany to make the water as clear and po
table as waa reasonably practicable, and
to that end to adopt such new and ap
prove j methods as came Into use from time
to time, yet It appeared that but twice In
more than twenty years did the municipal
authorities make complaint of the character
of the water that was being furnished. In
1CT8 the city brought milt to forfeit the
franchise upon the precise grounds set up
in the first and ureond defenses now undnr
review, namely. Insufficiency of pressure
and Impurity of water. In the following
year the' suit was determined against the
olty -on the mertu. For nearly eight years
thereafter no further complaint was made.
Mors Taetlfol Move.
"In June, 105, near the end of the rental
period covered by the second action now
under review, the Water board served
upon the company a notloe to Increase the
pressure and to furnish clear water. This
notice wss evidently a mere tactical move
In the midst of controvwysy and litigation.
It required - compliance within ten days
though manifestly If the mesne employed
for many yeara without objection to make
the water clear had been Insufficient the
adoption of new processes would have
taken much more time than that allowed.
Moreover, the notice waa given while
proceedings, commenced by the city, were
on foot for the acquisition of the works
under a right of purchase. The notice
does not lessen the substantial accuracy of
the statement that during the period cov
ered by the aotkms and for years prior
the city accepted' the service -wtthout
complaint either of the quantum of pres
sure or of the c ha racier of the water It
self. There was a substantial performance
by the company of Its contrsot obligation
to furnish clear and wholesome water
coupled with retention of the benefits, and
silent acquiescence on the part at the city.
Bvon If It were true, as contended, that
the company did not 1n full measure per
form Its duty,' nevertheless under the facts
shown' ft may maintain an action upon the
contract to recover the accrued hydrant
rentals and the city Is remitted to an
affirmative assertion and proof of damages
sustslned. It Is well settled that sub
stantial performance of a contract by one
party coupled with retention of the bene
fits thereof by the other will authorise an
action by the former to recover the con
tract compensation; that In such case re
covery may be had upon an averment of
full performance ' though the proof falls
short ef showing It; and that the remedy
of the latter Is by ocunter claim for his
damages er by an Independent action before
he la sued. Ctty of 8t. Charles vs. Btookey,
C. C. A., 164 Ted. 772.)
nnsnhor of Hrtnau,
"The remaining question arise from the
failure of the company to Install the ad
ditional hydrants ordered by tho city,
The hydrant rentals sued for were for
the last six months of 1904 and the first
six months of 19W. During the former
3k
Warmer -weight
Of underwear
Saves os from
The doctor's care.
Girls' Vesta and Pantalets, whir
er natural fray, Jersey-rib,
, fleeced cotton, per garment. .2fto
Girls' Vests and Pantalets In t we
ft read ftn-a worsted, Swiss rib,
silk finish, garment isoe
Grrls' Union Suits, fleeced Egyp
tian cotton, suit aoc
Girls' Eltck Ptntilrts
Jersey ribbed, fleeced cetton, ac
cording to sire 88c to COe
Jersey ribbed, Australian wool, ac
cording to sUe TOe to fl.oo
WE CO.
THQB
period the city ordered the company to
place 117 new hydrants, to do which in
volved the laying of a large amount of new
water mains. The company obeyed the
orders to the extent of - forty-nine hy
drants and the requisite mains; on Jan
uary t 1906. the remaining sixty-eight
hydrants had not been placed. The city
asserted the failure of the company as a
complete defense to the actions for rentals
of hydrants previously placed and In serv
ice. The company replied, denying that
it had defaulted In Its duty and aasserting
that the city first broke the contract by
falling to make payments due and owing
It; also that the orders for more hydrants
were beyond the lawful authority of the
etty and entailed Indebtedness, It had no
legal power to contract. The trial court
held thet the failure of the compsny to
Install all the hydrants ordered, being a
failure to perform a duty Imposed by-the
contract, waa without sufficient excuse,
that Its aotlons upon the contract could
not be maintained, and that since It d'd
not seek a recovery lipon the quantum
meruit verdlots should go for the city.
facts Ben ring on This.
"The farts pertaining to this feature f
the case are as follows; The original con
tract of 1W0 between the city and a prede
cessor of the company provided for the In
stallation of 250 hydrants at designated
places, and that others on new mains might
thereafter be required by the city, and when
so required should be placed and main
tained by the company at nn annual rental
of W per hydrant. As the city grew the
number of hydrants put In service greatly
Incraesed until on July 1, 1904. there wer
shout 1.B0O of them, requiring payment to
the company of about J90,nno a year, pay
able on the first days of January and July.
From the time the contract of 1880 was
made to 19ns there was power In the city,
xpressly conferred "by legislative ait, to
levy and collect taxes for the payment of
the hydrant rentals. One of the ordinances
Incorporated In the contract provided that
after twenty years the city should have
the right to purchase the water works st
an. appraisal by three engineers. The leg
islature of Nebraska passed an aot. which
was approved February t, l!s, authorising
the city to acquire the works, creating a
Water hoard for the management thereof
and repcallug every provision of law for
the levy and collection of taxes for hydrnnt
rentals. Of cnurso this act could not Im
pair the obl'gatlon of the city In reSDect of
hydrants theretofore Installed. But It Is In
effect contended by the company that since
the city was not required by the contract
of 180 or order the location of additional
hydrants, since It might do so or not as It
pleased, It was In respect of the exercise
of Its discretion subject to the dominant
control of the legislature; that the company
naa no vested contract right to have new
hydrants ordered and If the city could say
11 would not order them the legislature
could eay It should not; finally, that the
withdrawal from the city of the means of
payment was equivalent to a nrohlbltton
against Incurring the r w Indebtedness. We
nave not. however, found It necessarv to
dotermlne this question.
- Ordinance to Buy Works.
"Pursuant to the act of 1903 the mavor
and ceuncll adopted an ordinance February
24, 1908, electing to purchase the water
works, An appraiser was appointed for
the city, the company appointed one and
the two chose a third. During the prog-
is or mis litigation and the causes that
led to It the appraisers were encaged In
the performance of their duties, an ap
praisement not having been finally agreed
upon. When the hydrant rentals became
due July 1. 180S, the city defaulted In pay
ment and the company had to sue for
them. like default was made January I,
1604, and again the company sued. Judg
ments were confessed and after mandamus
proceedings to compel the city to levy
taxea to pay them they were paid In Feb
ruary, 1S04. The rentals due July 1, 1904,
were paid a few days later. The mayor
of the city in an official communication to
the city council said that the moneys with
wnicn ths payment was made were raised
under the mandatory order of a court
This left a small balance In the water
fund. The city levied no tax to pay future
hydrant rentals, though necessarily pro
vision for funds should have been made In
advance. Not only this, but In November,
1904, while the city council was ordering
many new hydrants the balance In the
water fund then amounting to about f 10,000,
was by order of that body transferred ta
the general fund. As ordinances ordering
the cempany te Install new hydrants were
passed the mayor vetoed them, calling at
tention In one Instance to the faot that
there was no money In the water fund, no
money In srlght and no provision for the
levy ef taxes, also that It would cost the
company over 27,WO to Install the nfty-
nve nydrante required by the ordinances
then In question. The ordinances were
passed over the mayor's veto.
Pass the Question.
"We pass the question whether the com
pany could lswfully be required to make
extenalvs additions and Improvements after
the election of the city to purchase and
while proceedings for Its consummation
were under way, or whether the duty of tho
company in such esse was merely to pre
serve the Integrity of the works and
efficiently operate them as they stood when
the election was made. There was sub
stantial evidence that the city did not
intend voluntarily to pay the rentals either
of the old hydranda or of ths new ones It
ordered. It had recently defaulted In pay
ments and had compelled the company to
engage In litigation. It diverted the bal
ance In the fund specially collected for the
purpose and it made no definite provision,
aa the law required, for the indebtedness
that waa accruing from month to month.
When the rentals for the last half of l4
fell due the city did not pay them and the
company .brought one of these actions for
thslr recovery. We do not think the con
tention thst ths olty was Justified In re
fusing to pay because the remaining
b'-dranta had not been ptaced, can be sus
tained. No Time Prescribed.
"The contract presorlbed no time within
which new hydrants should be Installed
on new mains after being ordered by (he
city, and the company was therefore en
titled to a reasonable t'me for perform
ance of Its duty In that particular
Whether the company committed a breach
of Its contraot by falling to Install all
of the hydrants Involves a consideration
of the number ordered, and what would
be a reasonable time In view of the sea
son of the year. There were 117 ordered
between July It and Pecemher 20, 1904.
Of these the company Installed forty-nine,
and to do so laid about four miles ef
new mains before January 1, J 90s. We
And no evidence that this was not a rea
sonable performance by the company of
Its duty. It cannot be assumed that tho
eompany broke Its contract merely be
cause on January 1, 1905, sixty-eight cf
the hydrants ordered during the preced
ing elx months had not yet been placed.
Ne contract or ordinance lmpnssd upon the
company the duty te place al) hydrante
ordered within any fixed and limited time.
The company not appearing to have been
In default en January 1, 1 SOS. the city
should have paid the rentals due on that
day, but it did not do so and the first of
the actions now under review was brought.
The failures ef the city to pay were not
unlmscrtant in their relation to the con
tract ae an entirety, nor can they be as
cribed to mere chsnoe or oversight. There
waa manifested a purpose to withhold
performance of stipulations that were
tertal to the Interests of the company.
"A municipal corporation. In respect of
its purely business relations as dis
tinguished from those that are govern
mental. 1 held to the same standard of
Just dealing that the law exacts of pri
vate Individuals. One party to a con
tinuing contract of mutual and dependent
covenants cannot require the other to per
form executory stipulations while he per
sists In defaults and compels the ether
to seek the aid ef the courts for com
pensation due for those he has already
executed. (Construction Co. against Sey
mour, 91 U.- 8. 4; Cort against Amber
gate, etc, Ry. 17 Q. B. 127).
"When the company declined to Install
the remaining hydrants after the aeries
of defaulta In payment by the city It did
not thereby wholly discard the contract
and deprive itself of Its right of action
upon the contract for the rentals previ
ously earned. When there Is part per
lormance an action upon the contraot will
lie If absolute performance hanbeen dis
pensed with. (District ef Columbia
against Camden Iron Work, ill U. H.
458)."
BILLIONS IN CROPS
(Continued from First rafe.)
termination of the cattle tkk Is entirely
practicable.
Quarantine for sheep scsbles has been
lifted from Wyoming and Idaho. Another
rear ought to see this disosse sradlcated
loin l iah, Colorado, New Mexico, and
Arizona.
The removal of fences from the public
dumatn lias necensllatad more stringent
regHlutlons for the control of cattle manga.
There were dippings for this disease.
IXmrlne of horses was stamped out more
than a year ago, but Inspection has con
tinued during the year In several western
states, as an additional precaution.
Of Imported animals 1.44R were quaran
tined out of 147. IM Inspected; 17 cattle from
lmlla; were found to harbor the germ of
surra, a very destructive contagious dis
ease of the orlrnt.
The year's work has demonstrated that
40 per cent of ths tuberculosis cows thst
show no outward signs are nevertheless
scattering tho germs of tuberculosis. Of
S5H cattle tested with tuberculin, 1 per cent
were found to be tuberculous. The sedi
ment tl-en from sepsrators In public
creameries has been found to contain tu
bercle h.icUll In about one-fourth of the
casei exnmlned.
r.liKxl ei urn from hogs which have been
proved to be immune to hog cholnra, haa
been used in vaccinating other lioja, which
are thus protected from cliolera for about
throe we-ks, as shown by experiments. If
blood from diseased hogs, however. Is In
jected with the eurum, the protection is
extended to about three and a hall months.
National Forests.
Ths area of forest land reserved by the
government was Increased during 1907 by
43.0I0,IK) acres, making the total area of
the national forests more than lOO.OiM.OiO
acres. In fact, nearly all the timber land
of the unappropriated public domain has
now been brought under the administration
of the Department ef Agriculture. This
means that these forests are now being
guarded against fire, theft and wasteful ex
ploitation; and that their power to grow
wood and store water will be safeguarded
tor all time. At the same time their pres
ent supply of useful material Is open to
Immediate use wherever needed. Timber Is
?-lven away In small quantities through
ree-nso permits to actual home makers,
and In larger quantities to communities for
public purposes. Ilevond this It Is sold to
the highest bidder, but under restrictions
which will maintain a lasting supply.
Whllo the primary object of setting aside
and protecting these great forests Is not to
derive government Income, hut to preserve
these great sources of prosperity for the
use of this and future generations, it Is
certainly a source of satisfaction that the
Income from the national forests was
greater during the last fiscal year than the
entire cost of administration. This income
amounted to Il.639.0u0 twice as much as the
Income for 19 and more than twenty times
that, for 1905.
The national forests are not only 1eldlng
fue4 and lumber, but they are grazed under
government regulations and supervision by
vast herds of cattle and horses, snd flocks
ef sheep and goats; and under proper man
agement their grazing capaalty la rapidly
Increasing.
That the setting aside of these national
forests Is not In the nature of a doubtful
experiment Is shown try the experience ot
European nations snd proven by the vast
expenditures these nations make for the
preservation of their forests. Korest lands
can be made to grow successive crops of
trees Just as surely as fluids can be made
to grow successive crops of wheat, and at
the same time they conserve the water
supply. ,
Many seml-arld areas In the Northwest
have been surveyed with a view to out
lining the soil types on which it Is safe
to attempt to grow crops with limited rain
fall Demonstration experiments on all
kinds of alkali lands have shewn that the
farmer need no longer dread alkali, as
such lands can be. easily reclaimed and
made productive. In faot, the alkali-land
problem has been satisfactorily solved. The
fertiliser requirements of oxtenslve types
of soil are being determined and It is hoped
to Effect a saving in the fertiliser bills of
the farmers.
Irrigation Is yet confined almost entirely
to the arid and eeml-arid reglsna of the
west and the rice lands of the gulf coast,
but In time It will doubtless be practiced
largely In the more humid regions of the
country, as It is In similar regions of the
old world. The Irrigated area now under
cultivation In this country is' 11,000,000
acres and the crops grown on this srtm
In 1907 were worth not less than 175,Ono.O"0.
Next year, If - present prices are main
tained, the products of Irrigation farming
shouId.be worth 0,OX).OflO.
FIRE RECORD""
One Death In Apartment House Blase.
GLOUCESTER, Mass., Nov. J9.-A lire In
the Harvard house here today, resulted In
one death, several Injured, and damage es
timated at $11,000. A man believed to be
George Chambers of this city was killed
by Jumping from a window os the second
flour of the burning apartment house which
was a three and one-half story structure.
The Injured persons Included several fire
men who besides leg fractures, were over
come by smoke and a Mrs. Johnson who
was so badly affected by the smoke that at
first her condition was regarded . as very
serious. The Harvard house was owned
by the L. 11. Smith company.
Heavy Loss at Gi-Mlte, Colo.
LEADVILLE. Colo.. Nov. 29.-A Are
which started from the overturning of a
lamp In a barber shop late last night de
stroyed tl'iree-fourths of the town o'
Granite, a small mining station twenty
miles east of i-sdvllle. '."ho total loss Is
estimated at $,090.
Daughters of Isabella.
. M'COOK, Neb.. Nov. 29. -(Special.) The
first court of the Nutlontl Order of the
Daughters of Isabella, an auxiliary of the
Catholic Knights of Columbus, to be or
ganised In the state ef Nebraska, was in-
L i S
Your Hot Pines
I S I I St' 1 '
ltWEN ths heater rim put
11 hat pipe throujh the
house In place of stovej he
thought It wu lomethlnj
new. But nature put hot pipes
II through our bodies to keep
ui warm lenj, lonj a$o.
Scoll's Emulsion
sencU htat and rich nourtih
ment through the blood all
over the body. It does its
work throu th the blood. It
(Ives vijor to the tissues and
h a powerful flan-producer.
AO DrasgUtsi BOe. ess IM
r Store Open Saturday mailt
Formerly
n.((eSCOFlELD
U IVaOAK&SUlTCo
h
1 OUR AFTER THANKSGIVING
Thousands of Dollars worth of beautiful garments upon
Suit house has built up such a well earned reputation will be
reduced prices. THIS EXTRAORDINARY SALE of HIGH
TAILORED SUITS AND FURS will attract all of Omaha's
if
BEAUTIFUL TAILORED SUITS AT A SACRIFICE
$45.00, $50. 00 ani $55.00
TArLORED SlITR Over 200 to
select from, all are out of the
ordinary styles; reduced to
$35,00 and $37.50
$25.00, $27.50
I tih New Suits, made of
AND $30.00
wool materials, reduced to.
AFTER THANKSGIVING SALE OF GOATS
Over B00 Branttrul Coats mads In rtther tight fitting-, ssml
flttlng or loose styles, of finest broadcloths and llnsd
throughout with ,ailn, regular ,36.00 values,
at
Over 800 Couiu made of all wool broadcloth or karsey, In hlaalc
and all colors; also fine covert and fancy materials: all slylea
and sizes to choose from; regular ,36.00 and ,27.60 values
at
Qver 400 Coats made of good broadcloths and kerBey, In Mack
or colors, also of fancy materials. All are new stylish
rarmunts and resular ,17.60 and $20. "Q values,
at
AFTER THANKSGIVING SALE OF FURS
S87.B0 Hear Seal Coats, mado
selected skins. In blouse
or regular styles, special
price, ut
I
$58.00 Brook stink Ooats, made
length styles, special prloe
V kavs hundreds of otksr Tut
Fine Btiulrrsl Sets, ,36.00 special 25.00
Handsome Squirrel Sets, worth ,26.00v K QQ
special at rAl"v"
Handsome Brook Mink Sets, worth CI Kf
,19.69, special at p.tfvr
Isabella er Sable Vx Scarfs, worth fi"3 fUl
,20.00, special at ?W,,W
'JB
Isabella Foi Scarfs, worth ,15.00.
special price ,,
,16.00 Saulrrel Keck Pieces
at
,.5o
'lulrrel Keck rieces
,7.60 Brook Mink Neck rieces
at
,6.0 Neck Pieces of Brook Mink or
Squlrrrl, at
stltuted In this city thle week, with a
charter membership of thirty-eight. A ban
quet and a dance were accessories to the
great occasion.
MEXICAN DETECTIVE POISONED
Attempt to Kill Secret Service Attest
at Work on Revolutionists
Cnse.
IiOS A1TOELRS, Nov. 29.-Sald to be In
dally fear of beln- killed since his arrival
here Monday, Trlnldtd Vasqties, a secret
servlre officer, In the employ of the Mexi
can government, the chief witness for the
government In the cases of Macon Vlllaral
and Rivera alleged revolutionists, was
poisoned today. It Is believed he will re
cover. Vasques was chatting with Thomas Fur
long, a detective who trailed ths alleged
revolutlonslsts across the country when h
suddenly threw up his hm-ls and fell In
front of the central police station. It was
thought that he was having an attack of
epilepsy, but the police surgeon when he
wss carried Into the receiving hospital
found symptoms of strychnine poisoning. It
Is supposed if he wss wilfully poisoned It
wss given him in his fond this noon.
Detective Furlong hss been accustomed to
keep the secret service officers continually
In his sight as he feared an attempt on his
life. Word flew to the federal court when
It waa known that Vasques was suffering
with poison. Oscar L. Iawler. United
States district attorney accompanied by
representatives of the I'n'ted States mar
shal's office, rushed to the hospital.
PI!,E ritrtKn f "V I TO 14 DAYS.
PAZO Ointment Is guaranteed to cure ins
Case of Itching. Blind. Bleeding or Protrud ng
Piles ta to 14 days er money refunded. NMt
DEATH RECORD.
nors.1 Leon JastremsUt.
BATON ROUGE, I-a.. Nov. 29. General
Loon Jastremskl, confederate veteran,
journalist, candidate for tho dtmooratlo
nomination for governor, and a former
grand chanoellor of the Knights of Py
thiaa ot the United States, who died here
today of paralysis, wss one of the most
prominent makers of the gulf states' his
tcry. He was 64 years old and native of
France. When once before a candidate for
governor, he was defeavd on a platform
embodying the reforms on which all the
candidates for governor are making their
fight in the present campaign. Mr. Jss
tremski waa apilnted United Btatea con
sul to Calluo, Peru, by President Cleve
land In lS'.fl. He rose from privaie to cap
tain In the IoulKlana troops In the con
federate army.
James B. Brsdwsll.
CHICAGO, Nov. iS. former Judge James
B. Bra Jwtll. one of Chicago's most dis
tinguished plomris, died todsy at the real,
denes of his claiifiht'er, Mrs. F. A. Hdmer,
In this city. Judge Bradwell waa 79 jeurs
old.
Until two weeks sgo he had continued to
take an active Interest In tl.e management
ot the Chicago Igal News, ef which he
was pubhsher. He was a law partner of
John I Beverldge when Bevertdga was
elected governor of Illinois. Ju4e nraJ
well kerved as president of the Union
League club, president cf the Illinois Bar
association, president of the Chlcsgo Bar
atsoclatton and president o; the Chicago
Pivas club and prextdml of the conven
tion held in Cleveland. O.. whlcii resulioj
in the American Woman Suffrage society.
HlrWrdo Cuatra.
MEXICO CITY, Nov. . -Rlcardo Cas
tro, Mexico's foremost musician, died here
yesterday of pnejnionia. Slgnor Castro
was not yrt 39 ytars old but'liad achieved
International fame as a pianist and com
poser. At tie time of his death he as
the director general of the national con
servatory of muaie.
Child Itemed Se Death.
LEAD. B. D.. Nov. . Special Telegram.)
Iq a fire this inurnlLg which destroyed
the residence of M. R. Maison, on Mill
15 IO DOUGLA.S ST.
$35.00, $37.50 in. $40.09
TAILORED SCrre All correct
styles, all colors, and all sizes to
choose from: reduced to-
$25,00 and $29,75
$19-50
all
25.
19.
12.
00
50
50
of
$48.00 ITear Seal Ooats, made of fine
CMC I skins, in biousa or rogu- nr
$45 1 x.:ty.1t.'p.r.lr? 535
of selected skins. In smart kip 24.l? rtrt
f t J,UW
Garments. All are ottered at Special rriees.
U? to $6.50 Waists at $2.98
All pretty new designs, made of good taffeta laces,
in white or ecru,
wool waists, all
regular $5, $6.75
i'(f j,
$10.00
$10.00
.. $5.75
New Skirts made
terials, in all the newest designs.
Some 3 00 to choose from; regular
$C75, $7.50 and $8.50 values, at. . , .
S3.T5
street, Elgflrd. the 9-year-old daughter of
Mr. Matson, wr burned to death. Five
other members of the family had a narrow
escape from meeting the saran fate. Th
fire caught from a candle which had Vmn
left burning In one of the sleeping rooms.
hymeneal"
KempUes-V inje.
MAR8HALLTOWN, la., Nov, 2S.-(3pe-clal.)
Ira R. Kempkes, general secretary
and treasurer of the Order of Railway
Telegraphers, of the Northwestern system,
was married at high noon yesterday to
Miss Lulu Josephine Vlnje at the home
of the bride's rsrents, Mr. and Mra. David
Vlnje, at Nevada. Because of the atlca
he holds Mr. Kempkes Is very woll known
all over the Northwestern syrtcm.
Senn-Knoll.
KEARNH7T, Nflb., Nov. . (Bpeclal Tehi
gram.) Elisabeth Knoll of Kesxney and
Henry A. Benn of Omaha will be married
to morrow morning at 10 o'clock at the Bt.
James Catholic church In tlus city. The
couple will go to Omaha, where they will
be at home at 116 Park avenuo.
IP YOU KNEW
tho merit of Texas Wonder you would
never suffer from kidney, bladder or rheu
matic trouble. 1 bottle, two months' treat
ment. ISnld by Sherman eV MoConnell rrug
Co. and Owl Drug Co., Omaha, Neb. Bend
for testimonials.
Coonty Clerkship Contested.
M'COOK, Neb., Nov. 2. -(Special.) The
legal papers have Just bfen filed In a case
which promises to be one of the liveliest
heard In Red Willow county for many
moons. The case Is an aftermath of the
recent election, and Involves the county
clerkship of Red Willow county. Charles
Bkalla, republican, was elected upon the
canvass of the returns by a majority of
three votes, and W. M. Hlller, his demo
cratic opponent, contests Uio election on
numerous grounds. . .
Over HO0.OW worth of ladlee, children and
misses' garments of high class furs, 2d floor,
Manufacturera' Wholesale Outlet.
Edgar Wins Throo Ussuss.
EDGAR, Neb.. Nov. (Special.) A
game of foot hall between the Kdgar and
Blilckley foot bu'l testna was played here
jesterday afternoon. The gume m called
st 4 s and was a hot, wordy affair from
start to tlnlili and nnu h of roughness was
mixed In. But the officers and umpire
were firm . i 1 suppressed all unnecessary
violence. I'!' game closed at t: wltu a
re of o 10 0 In favor of dgar.
Two ';ams of b.' i ball were ylayed
here ymirrdtiy afternoon. The llrut wits
culled hi 1:&J between the girls of the
l.Vgsr llih school and the girl of the
Cluy Centrr High school. Th game was
wnll pliived on twth sides, hi . won by
the iilgur High school by a score of 11
to 7. Another amn nf basket bill ilwii
the boys of the Edgar and Bhlrkley High
schouls was clesely contested snd very
cloae. Ti.s score Has H to 14 In favor of
Kdgar.
denotes shit ruperiority. It's a
Lbel that marls the bed made,
best balanced and tha most
(ashiooabU shirt produced ready
(or wear. $1.50 and more.
cwvrrv, otsoosr eo.
SIMSBS OS e SOLtASS
M sssssBWlIP
Till TO O'clocK A
Formerly
lCLOAX KIOTO.
-A
SALE
OPENS SATURDAY
MORNING
which this great Cloak and
offered Saturday at greatly
GRADE STYLISH CLOAKS
most critical dressers.
-1
4
'A
m
4
2
4
4
St
3
or
-1
nun's veiling snd
colors and sizes,
and $6.50 values, at.
2.98
Up to $8.50 Skirts at 4.95
of all wool ptnama or fancy ma
4.95
TO THE PUBLIC
Wheroas, It has been falsely, wrongfanp,
and Injuriously published that Christian
son Tiros, at 61st and Ilodgc streets, were
quarunllnod becaosti of typhoid fever, we
duslre hereby to give Public Notice that
such report la false. We never were quar
antined and had no reason to be. On Mon
day, Nov. 26. lr. Cennoll gave us "orders"
not to sell our milk. On the following
morning, Nov. 3C, he countermanded said
order, and told us to proceed to sell milk
as before, from ovr cows.
ClmiflTIANBON BROS.,
By John Christiansen.
Arwaye Read
OMAHA
THE
DEE
West
AMUSBUKNTS.
BOYD'S THEATER
ToBlgM, aroraay Mattaee sad WTg-ht
Last Tear's Big Musical Bnooesa
LITTLE JOHNNY JONES
Vest Tuesday ant Wednesday
MATIKXB WESIIIOtT
m. WILLIAM FAVERSHAM
la tk Amerleaa Comedy
THE SQUAW MAN
By IDWIB MXLTOBT BOTZJb.
BAT BAXB TODAY.
Thursday, Friday and Saturday,
Beoombor a-S-7. Matinee Batnrday.
SEAT S1AJ.B TOMOfctntftf.
MAN OF THE HOUVi
rICE Xlsht, $1.60, $1.00, T4 and
600. MaUaea, $1, 7Bo, SOo and l. So.
'Fnune Douglas 44.
ADVANCED VAUDEVILLE
MATINEE TODAY Sttfl
Adults aso Children lOa
MOTE-C'virtaln Bits Sharp
TONIGHT-Prleu, 10c. 25e. 50o
333X33371
AUD I TOR I UIV1
ROLLER SKATIIIG
Afternoon and Evening
l"t Appearance or Btlss
Jesolo Darling
The Bxpert Skater. Baturdav a?!skt.
H ASMlBaiOB. ISs Itltll 80a
liWSKU
hCRUG THliATtM
m mu I'rleea. 11-1 i0-76c.
Ths TaUAUe4 Moslsal Comedy
CAY NEW YORK
A Furiously Tansy sad MgaUioeBtIy
w . ... ..a a
Parted Os Xer WeSAlag Tour.
BURWOODJKa
inn IV IT P"-W J- White A Co.
lUUAI A I vna oi.mi lb
' Throe Ucyas; trinltfc
2 OH llin VV alt one; Daisy Uor4ou;
jU AnU Bradley Davis: Th,
8 -e. n ,i Gsguo; Earl Q. lcae4
1 K D f rtoturos.
I I U r Uh KlmM OBSAT ACTS
