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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 9, 1895)
' . " - ' . - - r ' ' 'r , - - - . -P-- - . - - . - , - - - - - - - , = - - - - - - r . 2 TIfl OMAhA DAILY . B1i1i4 ' ' ' t . n : 'UJDSDAY APllTT . 9 , lS ! . , . under the presuro of extrnortllnary cxl. - gency , and such h. been the practice down . to AUKst 16 , 894. I the power to 110 so hi l . to bo ) exercleed as an orllnary and uSlal mean of supply that fact furnishes an nddl tonal reason for circumspecton In Ilsposing of the present cased . 7. That tAxes on rell estate , belonging to the clus of direct taxes , and that the taes on the rent or Income of real estate whIch J h the Incident of Is ownership , belong to thg same chas , 8. That hy no previous deciion of this j , court hag thla quoeton beln adjudicated 10 the cntrary of the conclusions now Afl Jounced , ! That 10 much of the act of August IG , , 1891 , as attempts to Impso a tax upon the - rent or Income of real esate wihout nppor- ; tonment Is Invald , The court Is further of the opinion that the act of August 16 , 1894 , Ie ' . invalid so far as It attempts to levy a tax tllon the Incomt Ilerh'ed from munIcipal bonds. As R municipal corporation Is the rpresentatve of the slate and one of the instrumentalities of the state government , the Jrollerty and revenues M municipal corporo- ; : Uons are not subjects of federal taxation , nor . Is the inomo derived from state , county " ana munlcllJI securities , since taxation on the Interest therefrom olterates on the power to borrow beCorl I la exerclse,1 and has a lenslblo Influence on the contract , nod therefore - . . fore 8uch a tax Is I a tax on the power ot the : Itates and , their Instrumentalities to borrOv . moO'y , and consequently repugnant to the - . constiuton. , Upen each' of the other petitions argued at . , the , base , to.wlt : Whether the void provisions . visions as to rents and . Incomes from rest estate Invalidate the whole question ; sec. only , , whether 8S to the Income from per. lon11 property , 8S "ueh , the act Is iloconstitu. toual as laying direct taxes ; thirdly , whether a ° ? ' part of the. tax , If not considered as a Ilrect tax , la Invalid for want of uniformity on either of the grounds suggested , the Jus- tces who heard the arguments are equally . dlyhled and therefore no opinion I expressed. JUSTICn WITI IISSINTS. Justice \\'lutte's dissent lrohably renectC - In a considerable m181UrO the vIews which would have been promulgated . had the court ' sustained the law ubstantlaIiy as a whole. . Concerning the form In whIch the cases I camc before the court he said : . 1. ThD suit cannot bo maintained , because - cause its real object Is to enjoin the collection L ' ofatax. 2. Dy the text of the statute or thc United States the rIght to enjoin the payment of n United Slates tax 13 denlell. 3. By adjudications , or this court Cram' ' the foundation of the government until the present time , I has been hold that a United States court will not enjoin the payment of a tex duo the United States , and that t\ proper proceeding for a person on whom such ( tax Is levied and who would assert his I constitutional immunity from Its exaction Is ; . to pay the tax under protest and sue for Its I recovery. . 4.G. 'rho claim hero Is that the relict sought Is not an injunction against the col- lecton of the tax , hut an injunction against its Ilayment by the corporation. The theory 1110n , which this contention rests Is that the i ; . ' corporation Is a trustee of the stockholder , . the stockholder Is eutlEd to have It enjoined from maltng thlH 1uayincnt. This contenton I Is , In my jtllgment , absolutely unsound , since , - Its Iremlse Is that the stockholder , by pro : coeding ! against the corllraton , can do hy In- . direction ' that which ho cannot do directly. 6. The contention that because the complainant - plainant I a stockholder Impleading the coy , Jloralon , equitable rights supervene Is , In my opinion , clearly unsound. 7. This IJrlncplo Is clearly applicable to . o United States tax , and especially In view ' of the mandatory terms of the act of congress : forbidding an Injunction. . . SIMPLY A SUI3TEItFUOE. - 8. The assertion that the claim hero as - r . Borted Is not or a right to have the corpora tlon enjoined from paying the tax , but simply - , . ply of a right to have an Injunction against , . n voluntary payment such as would deprIve ' , ; - tle stockholder of his legal privilege , Is , I , think , 0 mere subterfuge. 'I 9. I thD purpose of this bill Is to pre ; vent a voluntary payment , then the case gives rise to no necessity for determining the constitutIonalIty of the law. . ' . 10. In such a case the proper remedy Is a wrIt of mandamus to compel the corporaton ! to perform the duty of paying under protest , . : : so as to preserve the rIght of suing to re - - covor. This remedy could be resorted to and I . . ; I take I , would be allowed without decidIng i . tile question of constitutionality. 1 : This being true , the theory here I adopted , that It Is necessary to pronounce : . upon the constitutionalIty of the law In orller to protect Ito rIght of the stockholders , . seems to mo to bo unound. 12. The only decisIons referred to In the opInion as supporting the conclusion reache , . by the court are : Dodge against Woolse , :8 howe , 33. and Huwes against Oakland I' I. . 104 United States , 460. Neither of these au- thories , In my judgment. sustains the noel . tlon In support of -whlcli I Is cited. - The first of these cases Involved a questIon 01 - . - state tax and therefore was clearly outside ; of the rule applied In the case of United . Sates taxes. The second case was a conlro- versy between 0 stockholder and a corpora- V ton regarding : the administration of corporate : . affairs. I Involved no question of taxation hatever , and therefore the decision dil not deal at all with the act of congress or the enforcement of the contInuous line of tie- cillons of this court holding that II will not restrain the payment of a tax or allow re- lief In the premises unless the party had paId and asked redress by suing for recovery. ' . 13. I scorns 10 me that the ( court ought lot to overrule Its Ilrevlous decisIon In Is : a mater of this kind , and especially when the reul of so doing ] Is to strIke an act of congress : ) anti deny the existence at a power of taxation - , I10n In the federal goVernment whIch ] has boon ' recognized by this court for many years. , MEHTS OF TIE AC On the merits of the act he' made the following - , : lowing points : : 1. The government of the United States I ' . Jlolseues plenary powers of taxation-all 110werl which belong to any government as 4 . such-subject only to the limitation Imposed by the constitution In forbidding the levying , . , of an export lax. . 2. This power unlimited itself , 1 limIted . - as to form by the requirement that ( direct taxes shah be apportioned according to Ilrec IIOP- . uloton and duties . excIses and Imposls shah , elu11 b ) uniform throughout hue United Btates. . 3. The limitation as to apportionment I not ' a limitation on the IJower or taxatIon , but a . lImitation of the manner In which the power . Ihol bo exercIsed. 4. Whether a federal Income lax Is director I or Indirect ' docs not depend alone upon the , thorles of economIsts but ' . , upon the sense , ' . . itt which thelo words are used In Iho ( cortatl- tUton , as heretofcro Inlerpreted. cOlst- . ' V. Shortly aCer the constitution was framed . (794 ) congress put a construction upon theB' ' : words by ImposIng a tax on carrIages. TIre ' act was linseed ' by a large majorIty and was Aliprov' ] by Washington. J O. 'rhe above net was considered by this : court In the 1)lon case In ThIrd Dallas and ) Dalas its coristltuttonulIty \\'BI maintaIned , tIre rerFonlng of all the JUdges clearly showing I S thu word " lrect" In the ( constitution had a : technIcal meaning . I 1. lrrol the ( data of that decision to the ' ' IJOent Ihne the ( authoritative writers on the I cOlbttuton have agreed that its effect vas ' efect . % to give n " 1cculiar" signIficance to the word ' "direct , " as \Ised In lie ( constitution , and it , Is by reaSQn of this "peculiar" slguiticanree ; : that I has been settled that nn Income tu lUUY be levied by the federal government 8. The slgnileanca attached to the word "dIrect" In the constitution by this court ( nearly 100 years ago was acquiesced In and - adopted hy the other departments of the go\'erlment , i c 9. lfol 1801 to 18G8 many acts were . : . . - : - , cur ( JOV1J'1'd , , "UNa TCNF OJ lWJWml , , q i1'IFICATE. l 7 Antolpatng the Itight Jght ot the lubfcrlber to 1artcl11ato In THE OMAHA BEE'S FREE BOO DISTRIBUTION - TUESD. Y , Apri 9. f I QNE CEHTUrfA'I ; , wIth fIve cent to cover postage , maWng and . . clerical expen&el " pltage "ttes the urubderi- bt to one volume (1lap1r ( cover ) , so- Levied from the 11'hl 'cl catalogue of the Oniulia . ' catalolUO . p Omuhu lIce I.'ree-nook flistribu- i lion. Ieq < loln : fD stampl. Almu's Publsher The Olulu lice , - . " . Jum 1001' DBPAnT u'l" I Om.hu , Neb , . . _ -I . ! . . . " , - - . _ _ - _ . . " . passed by congress levying a dIrect tax. These acts imposed a duty upon Incomel from ever source. They were passed by overwhelming majorItIes and their enactment demonstrates the conerneus of opinion In regard to the effect of the interpretation of the t constitution by this court many years "dore. 10. Every cauo In tire lower courts Involving the vaidiy of these laws which can bo found was decided In their favor. l'REVIOUS DECISIONS ItEVI EWil ) . Justce Whlo then reviews each of the previous decisions of the supreme court In similar lax cues and adds : These repeated decisions , It seems to Ine , remove the case cae from the domain of controversy. Tire do- cre hero rendered docs not overrule theee cases directly , but , In my opinion , It. does It os so by Indirection , Tire declslous cited here determIne not only that a general Income tax Ie I constitutional without apportonment 19 being an Indirect tax . , but thaI the Inclusion therein t of tire rentals oC real I etto docs not make It dlrecl. The opinion of the court tOday In ] holdIng that the Inclusion of the rentals of land In. . the Income tax render the tax direct quod hoc h , not only reverses the decision I have ' cited , but Involvcs , 1 seems to me , a contra- ' dIction In terms , I the Income tax , as such , levied on an Individual according , to iris income , Is not a direct tax , how can It be said that the Incusion therein of rentals tie- rived from real estate makes I a direct tax pro ante ( ? The Queston Is not , according to my view , , whether such Inclusion affects real estate , lut whether the tax thus leviEd Is a direct tax thereon , within the meaning of the con- stittitlon . According to the very words of tire statute this tax Is Indirect In no sense Is It a tax on land as such. I places no burdens - dens on real estate If II Is not rented or If the rent Is not collected , or t the owner occupies his land himself. I puts no direct burden on land under any circumstances , for It allows - lows the deduction from the income derived from land ] all all other sources of ' 4,000. as well as all expenses Incurred In tIre transaction - tea of IJslnes , . The fallacy of the opinion , as I see it , lies Iii the nssumllton that the constitution forbids direct taxation by the federal government wihout apportionment upon'the states In my judgment the 110sl- ton here assumed Is full or danger to our Institutions. 'rhe august power 10led ] In thIs court of passing upon the cnstitutional- Ih' of acts of congress has always beell Ils- erectly and carefully exercised. I believe this Is the first case In our history where authorIty which has been conceded to con- gress by nearly 100 years or acquiescence In all departments at the government , and has boon sanctioned by repeated adjudicatIons of this court , has been judicially denIed. HAU.AN ALSO rMsSIINTS. Justice Harlan , In his dissenting opInion , said : Passing by the question oC the jurisdic- ton of the courts , or the United States to enjoin the collection of the taxes on Incomes ImposeJ by the oct I am of the opinion : ( ( ) Tjat upon principle as well as under tim former decisions or this court , a tax on gains profs and Incomes derived from rents derived from land Is not a direct lax on land within the ( meaning oC the clause of the consttuton , providing that dlr < cause shall be apllortoned among the several state according to their respective menrbers (2) ( ) That under numerous leclslons of thl8 court , the Interest or income derived from bonds Issued by a municipal corporation of a state Is not the subject of specific taxation In any form , or for any purpose , by the United States any more than the Interest or Income derived from state bonds Is the Eubject of national laxes. Upon the two questions referred to and to I which alone , EO far as the merits are con- corned , the opinion or the chief justice Is ill. 11- meted Whlt , . I am In , entre accord wih Justice , The effect of all the opinIons delivered Is I 10 show that the court was unanimous In I the opInion that the law was unconstitutional L as to lunlclllal and state bonjs that Chief Justice Fuller and Justices FIeld , Gray , Drewtr , Drown and Shlrs hold It to be In- valid on Incomes derived from rents , and that Justice Harlan and White dissented Crone this I opinion as to rents. I Is impossible to slte the exact division as to thus validity of the other parts of the law further than was disclose - close by the proceedings. I appears quite clear that Chief Justice Fuller and Justces Harlan and White vote to sustain the other parts of the law , and the best opinion ob tamable Is that Justice Drown stood wilt them In this opinIon , which would leave wih tCIS Field , Gray , Brewer and Shims as the ; opponents of the law as a whole. The dissentIng opinion delivered by Justce Field , the oldest member of the court , was an ; exhaustive review or tIre case and the principles - ciples Involved In It. Some decisions at the court , hD said , had thrown some doubt upon the meaning of "direct taxes " but In the discussion of lee British Parliament the income - come tax had always ] been considered a direct L tax , whIle the tax upon real property , It roots ami Incomes , bad by universal consent bcen rnnIzc.d h. . , , , . , reo nlzed to - be n lirE' ' ' 'T - , - - . - . EXEMPTINS CREATE INI QUALITIES. Justca Fleli said exemptions from the operation of a tax always create inequalities. Those not exempt must In the end bear an a burden or pay more than ( theIr share. A law containIng nrbltrar , ) cxexss- ( Ions can In no just sense be termed exen\- . We do not thlnlc that congress has rightfully rIRhtul tire power , at the expense of others owning property of thin Ice character , to sustain private tradIng corporations , such as building and lean associations . savIngs banks and mutual life , lire marine and accIdent Insur- ahce companies , formed under the laws or the varIous states , which advance no na- tonal purpose or public Interest and exIst solely for the pecuniary profIt of their mem- hers. Where properly Is exempt from taxa- ton , the exemptIon . as has been justly stated , must be supported by some consider- aton to the public , and that public and not prlvnte Interests wilt bo advanced by It. Private corporatons and private enterprises cannot be aided under the pretense that : Is the exercise of the discretion of the Iegt1a- ] turn to exempt them. The Income lax law under consideration II marked by dlscrlm- mating featurEs , which affect the whol law. I discriminates between thuso who reciva an Income of $1.000 and these who ( 10 ] not. It thus vitIates , In my judgment , by thIs nibi- ( nary discrimination , the whole legilaei'sn : The legislation In the discrImination it makes 1 Ii class legislation. Whenever a Ilstncton Is made In the burdens a law Impoers . tr In the benefits It conifers on any citizens hy any reasons of their birth , wraith or religion ( . ! It Is class lelslalon anti leads inevitably to oppressIon and abuse and to the general unm- rest and dlsturbanco 11 society I Is hiO1)d and believed that the great alenlllonts to the constitution which fulo . . . eiI , the I 11to civil war hall rendered , . cleh Iegisi.e'ion ! imposel- bin for all future thrice. But the ( objtionu- able legislation reappears In thin act under consideration . I Is the canto : II eiscIlal character as the English statute or : G81 , which taxed Protebtants at a certain rlte , Catholcs , as a class , at double the rate of Protestants , antI Jowl at another and ep- crate rate. As to lulnsl savings banks : Under Inclo I lax laws prior to 1810 thue Institutions I were specIfIcally tand. Under the new law certain Institutions of this class are exempt , , provided time shareholders do not itarticipstc I In the teroilts and interests Ilatcilute tlo profts Interelts and dIvidends I are only paid to tire depolor. No limit II I fxe to property all Incomes thus exemlllJ I -It lay bo $100,000 or $100,000,000 , UTUAL , INSUHANCE COMPtiis A8 10 lutual Insurnce corIoratonl : Those Iollllnies were taxed under previous Income lax lawl. They do business . somewhat differ : difer- smithy from oilier fompanles , bul they comuct ] t a stricty private busIness , In whIch tbe public hn no interest ; and have been often ; held riot to be benevolent or churltahle In- , stituticies. 'fhe sole condition Cor exelptng , them under the present laws I declare to bs that they mlko lens to or divide Ihelr JroltJ among theIr member or 1epr.sltnr S .epf.lors or volley holders. Every corporation Is I carrIed on for the benefIt ot its slmarehnider . eycry dollar of Income II taxcIf ; I Is i carrid 01 for the benefit or its policy holders or dpoItors , wire are but anothr class of airarcholelenni , It 1 wholly exemplecl , As tu lulJlnl anti Ioan AssociatIons , The properly thell Institutions Is exempt from taxation to thin extent of iuiiihiunus. They are In no SUIRO benevolent or clroritaburn inistitu I , ( louse , anti are conducted solely for Inlltu pe - ounlary 11ront of their members. Their as . sets eced lire capital stock ef the natonal /S. bank or the country Tine nggmrgate iumoun Alount of saying 10 those anoclatous by reason of tImely exemlol II over GOOO ( a year . ThIs InherEnt limitation upon the taxIng IIQwer Corh\ls the hnpIIlton of taxes which lre unequal II their proportion upon .hnlar kinds of poprrl ) arid necessarily atrlke : : down tire gross and arbitrary distInctIons la I the Incoml tn : law u passed by ccngrean I. 'he law , II wo have aeeu , distinguishes In the taxation bet.een corporntons by exempt - crpratona exQlpt- tog tire pr\perty of some at them from ta. : , alan soil , levying the tax on the property of others , when the corporations 110 net mate' rlAly differ from one another In the char. acter of their business or In thin protection ro- Qulrec ] ly the goverment , Trifling differ- ences In their modes of business , but not io i n their results , are malO ] the ground anti occasion of tIre greAtest possible differences is i n the amolnt of taxes pssible upon them , showing that hue acton of the legislative leglslltve power upon them has been arbitrary and en- prlclous and sonic ( lines merely fanciful NOT TIE LEAST SURPRISiNG . There Was another position taken In the argument on the case which Is not the least B rprlslng to me of the many advanced by the upholders of the law , and that Is , that If i this court ShDI declare that the exemp- tons and exceptIons from taxation extended Ib t the varIous corporations , fire , life and , inn- rlno Insurance companies . and to lutull savings banks , buiding and lon associations , vlclato thin requirement of uniformity , and thoretoro the tax ns to such corporations cannot bo enforced , lint tine low will stand as though h the exemptIon lund never been Inserted. Tire abrogation or repeal of the unconstitutional or Illegal provision docs not operate to create and give force to any enactment or part of' al enactment which cngress has not sanctioned atI promulgated , The law oC 89t SS there shall be assessed - sessed , levied anti collected , "oxcellt as herein otherwise provided , " 2 per centum of the amount Ir the exceptions are stricken out ( lucre Is nothing to be assessed and collected except what congress has otherwise afrma- tvely ordered . Nothing less can have the ' Corco er law. This court la Impotent to pass I any law on the subject 1 has not the leg- Islatve i power. Tire law oC congress Is ale invalid In that It i authorizes e tax upon tire salaries of the jUdgcs j cf the courts of the Unle.1 . States against the declaration ot the constitution consttuton that their compensation shah not be dim In. Ishell l tinning their contnuance In office. In conclusion Justice Field ' " ' Justco says : "Here I close lY opinion. I could not say less In view of questons of such gravity that go down to the very foundation or the government. ] the Provisions of the constitution can le set asIde by an act of congress where Is the course of r usurpation 10 end ? Time present assault upon capital Is but tire begInning. II wIll be upn , stepping stone to others larger and more i sweeping , till our political contests will become - come a war of thD poor against the rIch : a I war constantly growing In intensity ant bit terness. AnlTHAUY POWER IS DANG EROUS. "If the court sanctions the power oC dls . crIminatng taxation anti null1es the unl- Cormlty mandate of the consttuton , as sall I by one who has all his life been a student oC our institutions . II will mark tire hour when the surD decadence of our Ilresent gay ermenl will commence. 1 tire purely arbi- trary limitation of $ tOO In thin present law can bo maintained , none having less than that amount oC property being assesRe.1 or taxel I for the support of tile government , the lmia- ton of future congresses may be fixed at a I much larger sum-at $5,000 , , or $10.000 or $20,000-parties possessing that amount alene being compelled to bear time burdens of our : government ; or the limitation may be Ieslg- naterl at such UI amount as a bad of walc- Ing delegates uuai' deem necessary. There Is no safety In allowing the limitation to be adjusted except In strict compliance with the mandates of tbD constitution , which requirr S Its taxation to bo uniform In operation , and , so Car as practicable , In proportion to their property , equal upon all citizens. Unless the rule or the constitution governs a majorIty may nx the limitation at such rate as wi not include any of their own number. I am of the opinIon that the whole law or 189 should ] be declared void and vitim - out bInding Corce-that part which wih-I the tax on rents. profits and Income Crom real estate , that Is , so much as conslutes the direct tax , because not imposed by the rule of apportionment according to the representation - sDntaton of the states , as prescribed by the const'tutiore-and that part which constuton-and Imposes a tax upon the bonds and securities of the several - eral states and upon the bonds and . securities - ties of their municIpaltes as being be'onJ the power of congress' to Impose , lnd the law as far as It Imposes duties , Imposts and , excises , as void In not providing for time uniformity - formity requIred by the constitution In such I cases. _ , The result Is that the decree of the circui t court Is reversed cad thc case remsnde with directions to enter a decree In favor of corn plalnant In respect only of the voluntary payment - meet ot tle tax on rents and income of Is real estate and that which I holds "n trust and en the Income from the municipal bonds owned or so held by it. The announcement ot the foregoing con clusions of the court was preceded by a re - view ot many opInions at ( 1rec supreme court from the time of Chief Justice Marshal down I to the celebrated SprInger case brought by ex-Representalve Springer of Illinois , 'and b : r an exhaustive revIew of the nature of , direct and Indlrectj taxation , In thE course ot which the chief justco revIewed tr , . , iehit.q inilrn . hr. up to thefrnnilng - rt t -e- federal ; - constitutIon l : . In conclusion Ule.chlEf justice stated that this opinion upon time Polock cast covered the other two cares. The decision apples to three cases , the first of which was brought In tire court of tire District of Columbia by John G. Moore to enjoin the commls ? loner of Internal reve- nue from thin colecton of the Income tax , while the other two were those of Charles Polock vs the Farmers Loan and , Trust company , and Lewis I. Hyde vs the Continental - nental Trust company , both appealed from the decision of the United States circuit court for the southern district of New York. The acton In these two cases was brought to enjoin a vOluntary compliance wIth the law In the payment of the tax. and when thin circuit court sustained the law Polock and hyde appealed to the supreme court of the United State The cases were then advanced on the docket and argued on March 1 , ii , 12 and 13. Attorney General Obey , James C. Carter of Now York and Assistant Attorney General Whitney appeared for tine government and Mcssrs. Choato , Seward , GuthrlB and ex.Senator Edmunds . for thD' ' trust companies and Mooro. : The argument attracted more attention then : has been given to any case In the supreme court for years , and the Interest then manifested - Ccsted appears not to have dimInished since. ThB lawyer for Moore and the trust com- I'IY : attacked the constutonalty of the law on broad grounds while Messrs. Olney , Whit- ney and Carter - defend . It. The boy I fatter to the coming man. Placate - cain miniature and louIs of creation by Ilalatablo food , evolved by Dr. Price's Cream Baking Powder . r.oo.1 Jift : lITIl.W. 11ev. A. W. Clark Is now engag t In iok. lag after hoeleu orphans and friendless ohldrsn , l0tmastor Merlin has 'lacell a new tele phone In the Postulilco for this accanurncdatien jostuleo occolmcdaton of .atrons. . Ircrdhwul Strelz has been granted a lien- mlt to erect a frame Iwelnl at 1016'ii - la\s street at n cost of 1000. The Young People's socIety of Unity church will meet this evening with 11S4 CO , ThIrty.eightii anti Jones streets. A bal for the benefIt of tire Associated Stationary unglneer will be given at'ash. . Ington hal Thursday evening , Allrl 18. Success council , No.3 , \V . A. P. A. , has paned approprIate resolutions respecting the dealh of the daushter of ! u , S. A. Gian , John l'llearn , boolckeepr for Clinics liars- ley , would like I undeulon" that ho Is not drunkenness. ( lie John O'Hearn who was recenty dried for Mr. Wlud n. Johnson of this cly and Miss Miicent V Anderson of hiennington were marrlf Saturday , 110 cergymsJ ] beIng Ic\ ' , C. 0. Sierling . The fire department was caled last even- mug 10 the rlshlenco of Fi , ii. l.yd , 116 North Elghleenth street. An explosion of gasoline \'as the cause , No damage wal done Alexluder Shfcloyal ' arrested lat night on the charge or larceny James lahn I the complain witness anti ' says that Sheeley stole . A eult of clothes belonging to him , .alue't ' 16. GaJeld circle , I.dles of the GranJ Army of the Republic , will give a progressive high five party Thursday I\'eulng , April Il , at the residence of Mr Clara Iiiiett , 101 North Siteenth street. Srah , alias Iran ny , Bailey was 'erterday afternoon bUIU' ' over to the district curt IQ the slm of $100 tor beIng Inoorrlglble. A book was brought Into "urt by her father to ShOW that abe wes only ] 1 years old , the day of her birth having been marked down In It when the event occurred . Sarah dslm.d that her slater told her she was 18 , but ad- mlted that she knew aie was born In 818. The gIrl had been 1"ln In tine burnt dl. Inlet for the lat tee woltU ROTARISVERg \ OF NO USE J4 rf , ro Piok and SIOv O1a the Only Method of ' " , I' Ocnmg90ut the Drifta . . r , ( i n ' , J ; GREAT UADSIPS ENDURED BY WRXMEN : ( SI I. , : Iiii1ohiItj to'81.1 Out More ThAn R row leer ! II triB'Jrrlblo ? IHorJ of Sand and Sno.-Trnlna . . ' IIlnnlng _ tq ire 1o\d , IANSAS CTY" . April 8.-Tho raIlroads have been battling with a new enemy In western Kansas emi , eastern Colorado since lat Friday night I was n comblnaUon of a sand and snow storm which swept over those regions , compleely ( demoralzIng traIn schedules and causing serious inconvenience anti discomfort 10 travelers The flakes of snow anti particles of sand mingled and were driven across the prRlrles at n terrific speed by the gale whIch blew incessantly for two days There was no loss of human Io , be- cause the ( storm was not accompanied ly an unusual degree of cold , but many cattle ant . horses In wetirl Iansas are reported to have I bean suffocated iiy the whining clouds oC I sand , The Mud anti snow Illicit UII thin rail. I road cuts aud burleJ the tracks. The straw mel d arid the ( saint ! settled ] down In a hard Inylehlng mRSS. notary snow Illows and all the modern mechanicl appliances for battling wlh snow drifts were useless against this new enemy , and the railroad companies were com- lcl(1 to engage men with picks and shovels to remOVE I hI sand Irom the tracks Time work was begun whie the gale was still In progress , and the suffering or the workmen Is said to have been Inlense. The 11artcles of sand , drIven by a sixty-rnihe-an.imour wind , cut through lie clothes of the amen and per- Corated their skin Ik knives. A few hours' work was all that a man could stand without - out seeking shelter from the blinding , lulo- eating : storm of sand. On board the belated trains the cnditon of the traveler was not much belcl' . lIvery door and wlnllow was kept closed to shut out the sand , yet It sifted In persistently until time . floors cf the cars were covered and ever.thlng was gritty to the touch. Tine air . In tlni cars became hot and stifling . and tine ; passenger In several In- Stances were compele : to go wlhout food. The first train sInce FrIday to reach this city from Dem'er , except the Burlington trslns was the Missouri Pacific , which arrived - rived yesterday. ThE Burlington's tracks were outsilo of thE storm belt . and its trains schedule was not affected . The Santa Fo's Colo/ado train arrived last night , after a protracted bate with sal\ and snow drifts. The UnIon Pacific did not bring In n single train from Denver uptl 6 o'clock this even- 11mg . when their Overland reached \ the Union depot. The train was hchl In Denver until a cut nEar Cedar Point , Kan. , which was fled with a drift of sand for a distance of 250 feet , was clere out. No Rock Island trains from the west had , reached here up to G o'clock this evening since Salurday. Two belated trains arrIved at the Union depot at 8 and 9 o'cioc1cj1fputtvehy. ! Reports as 't , loB . of hive stock have not reached here yet , owing to interruption or telcgraph services , , .o dIrect wires were se cured to Denver \nl this aferoon , the tele- graph companlcs being compelled to send their business for Denver and Ilolnts beyond via tine Northern . [ oute : Them Is every prob- bully , however , , tl . t when reports begin to como In they \XIU 'sholv that cattle on the ranges have suffered great hardships , and It Is possible that.rocrtmsldcrabin ! loss I : olsdc'rable : Was sus- taln by ti ( t.tr . FROM 'I'IW < DENVER END. DENVEIt ' prl -Delated travelers from tile east repor\\Ula ( the storm tbroughu Kan- 555 was the uvorstteyer [ known sa , ' 1vcr In that sec- tion. Many o ( lien passenger trains , now more than fort -elght hours late are batting wlh snow and eajiti on the prairIe. < Supcrintende&u , nbgard of tiie' Union Pa- clnc , wIth hiea4mperters ' at Cheyenne Wells , his a ' large forCe ' f5Tnen clearing the Wels . In placeswItluin.stxtyor wlhln.slty"or seventy-nve miles of Denver the ' snow-was . found .In cut from thirty to forty fEet deep , being over the tops of telegraph poles In Instances. . 'fhe Rock island . experienced more trouble perhaps than any other line. The first train from the cast over thIs road In sixty hours J arrived today. The Missouri Pacific , the Kansas Pacific division or tlD Union Pacific was hindered. The tralnl are getting through on all roads today The reports from northern Colorado and Wyoming are to the elect that the wInd ant sand storm was so fierce that men at work cleaning tbo way were obliged to wear coverings for their faces , the sand cutting even through the cloth lke a knie and laceratnc the , , Khnvpl - - _ _ no u . ers In a horrlblc' fashlon.-- TIne loss of range stock In some portions cf eastern Colorado , It Is said . will amount to 20 per cent of the total . Many cattle which had been driven before thin wind from the nerth over 100 miles dried Into Hugo Cola ] , and perished. _ _ _ _ _ _ _ 1.054 of I onk by thee .torm. DENVER AP-I 8.-A . special to the Re- publcn from Burlington . Cola , says : Thin loss of stock , Including cattle , horse and shop , by reason of the recent blizzard , will foot up nearly 20 head ' when reports are al In i from various parts of the country. I"arm- ers , however , feel very much encouraged over crop prospects. _ _ _ . _ _ _ True In Is results as the needle to tine pole Is Dr. price's Baking Powder. thl X"UUInall New , WAShINGTON , April 8.-(8peclal ( Tele- gram.-The ) comptroller or the currency has bEen netted cf the selection oC F. E. white as cushier of the National hank of Ashland Neb. , In place of G. D. Law/on. The comii. troler hints approved the National Dank ml- Illinois of Chicago as reserve agent for the Iowa State National bank . at Sioux City. HI'qu..t 10 line . \Hcrleln Vnlvoralty. W ASUiNGTON , Apri 8.-Intelligence has I been received today nt the office at the ' AmerIcan university that this institution wi receive a bequest of , $ O.O menu the estate of the late Hev , Dr. S. I. 1reh or Kolcmo , Ind - p ? " uiruie a < nt the I I otnl. At the Arcade-T. J. Mason , Lincoln At the PeJon < -l. St. Clair , C. H. Hob- erts , Joldree ; Jnrlus Clement , Arhinigton. At thin Millard-F. 1' . Ireland , , John C. \Vatsoni Nebraska City ; Gust Drhos , West , 1olnt ; Irs. D. H , eGule , Beatrice ; Fred BonnenschlI" West Point At the Pnxtcn-eorg Pnlm , F. TIrey , J. A. Harris , Uroken How : Mike I llore , J. p. Hear & .n , Allance ; J , 1" . Harrol , Grand Island ; Juan h3oyle 'eare ) ' . At the Mcrchiflni(4. ( S. D'gland. Newman ' m'o\e : Peter rrjc ) James Swan. North Heni ; 8. C. Hal , hIu15tIn1s { ; H. ' ' Sirannon Lln. colniV ; , N , ItclVtuJ. jill Norfol . - 0 - :1 nl'rlllo 1lo"no" . The county jdl has issued the folowIng ; manage Icfi ; ) Name and Addrtnn Ag . \allr 'i'inrpC \ ( ) / [ Douglas county . , . . . ; ) ' :110 : 'J'InP\'I . , 1Ulls county . . . , . . : I Alfred l.nrsonnu3.iSiaS county . . . . . . . : I'r r :1 I-'dla ibo9rirn . onuiioUgias . county. . . . . :1 I STATITiS UFIZO.'IIRS.i.'cfl - JIITt.Wlt. ' Cenlol (1nl No . "llur ( or Jncolief from 1tteti on Steal Eat ate. WAShINGTON , April 8.-The compilation of farina , homes and mortgage statistics made by time lat census Is ( interestIng In view of the decision of the ( supreme court , These ' tatistic do not however give details concernIng rents paId. A slltmary of the statistics shows that there are 12,690.192 families In the United States , and of these famlle ! 62 per cent hIre their farms or homes b arid 48 user cent o\n them , whlo 28 per cent or the owning famlle8 own subject to Incumbrance a \1 72 Ilr cent O\n free of incumubrance Among 100 famlils , on the average fifty-two hire their frms or her ! ! 13 per cent own with Incumbrance anti 35 wlholt Ineumbrauce. On the owned , farms and r homes there arc liens arnouiiting to lens amountng $2- 132,9t9G03 1 , which Is 31 per cent at the value of the Incumlered farms and homes , and tlnh thl debt bears interest at an average rate or 6.66 Iler i cent. Each owned and , Ineumberel , Carm or home , on the average , Is worth $3,352 and Is i subject to n debt of $1,257. In regard to thl families occupying farina , the conclusion i s that 34 per cent oC the families hire anti fG IJor cent own tire farms cuitivatetl by them ; that -8 Per cent of the owning culi'lte.1 Camiies own subject to Ineumbranco o\n and 72 per cent own free oC Incumbrance. Among 100 farm familes , on the average 34 iner cent hire the farms , H imer cent own theIr fannie with iii- cumbraneo antI , 41 per cent without Incum- bronco. On the owned farms there are liens amountng u to $1,086.996.960 , which Is 35 lens per cent oC the value of the Incumbered farms , and , hue debt hears Interest at the .t average' ! rate at 7.01 her cent. Each owned . and aver Incul- l bored fannie on the ( average Is worth $3,4 I and I Is subject to a debt of $1,221. l.itlgntloiu fvi'r nliulnnunie'.t l'rolrrlY , WASHINGTON , Arl S.-A suit was ihIeui 11 the . district court tohay , Invol\lnl the 1110pert ) whlcl General Mnhone has been 1'lnl to sell the go\'erment for a mininting olrcc site. I Is brought hy WeharL I rlntng eon , executor of David A. Windsor , zeiid sets forth that time later vuei n parlner of Maleonme , and that Muhue hsetuini tnuIcbtui tu hll for $ \3.r. \ for ! heclme amount jlHlg- rnuenit inns been ' lent obtained. 'rhe ' flied also rts"ert that upon lie : IJllers Iled hmnoimeity Jllcob TOI h.11 Upn I 111 'f lahone IJ.\J. und ( thut on December I , 18n , several months sifter the Judgment against Mahune was ohtalned by \\'inulsor , a trust dectl was eXecuted ullon the same 11'01'111) ' ' In the sum oC $2OOt ) 10 Myron : I. Parker , John G. BUi leahl und gl gar Alien . Wlnlsor asks that this trust I be set aside . Ild his juJglmnt hi alowell trst as an attachment upon the roperty , Ucnrlrl 01. or , j lunge I'urlu'r' " lullll WAShINGTON , April 8.-The supreme court of the United States today reversed ( h15 ( 'IniVrction of Alexander Allen for ' C\HI'lcton Alel murder - tier by th United States cincuit court for th vestt.rn district of Arkansas , anti : \ lrn Arkalss n\l re- Innded he I case to the court for further IJrOeec'nr. 'hls was another of th sev- Owl 1Iu11 ! taken from the runIineg oC JUlge l'nrker In lurder cases rullgs the un ' , lctO ! was s.et"ahe.upon ! exceptons nnt to ' tnl uniulge or \11 , luuge to the jur ) ' . Alen wits a colored boy . 15 years old , , und In Ib12 hl eliot I white boy , Philp Ilneori . 1 yenrn . old In a light , II which th white boy used I willow stick. Judge whie toid the ' that unless Jud/e larlcer tel jury the stcl , was con- silered a deadly wupon the theory of self- defense coulll not hold , arid upon this ( the suprcme court of the United States based its actiorm. - . : Iued Ordrr4 fOI' . \ riY Slen. WASHINGTON , Aprl 8.-Speclal ( Tele- Flt.-Caltall Charles H. Clark , Ordnance : IKl'tment , wi proceed from Frankford arsenal , lhlalelphla , to Winchester He- peatng Arms COlllan ) ' , New Haven , for the inspection of email n\l cartridges to Ie furnlshe,1 , to the Ordnance department. The retirement of \Vllam N. Tisdal , First Infantry , Is olclal ) ' aunounced. First Lieutenant George lahnr , Ninth infantry . Is granted leave for seven days : First 1 leltennnt Henry L. Harris , First artler ) ' . twenty days ; First Lieutenant .ams K. 'rimonnipsori , adjutant , Twent- third infantry , four months ; Second Lieuten- ant Joseph . C. Fox , 'hlrteenth Infantry , one month extended. - - Ilwo Iparcl Nothing truism Walier. WASHINGTON , April S.-The State department - partment olclals are puzzled at the delay In acton upon the case of ex-United ftates Consul , Valher . VnI er. reported to be languishing In 1 French military jai at Madagascar. I Is now nine days since rime ulepartiniont cabled to United States Coml 'lepartllnt : Callb' I at Port Louis 1Iaurllus , the lear 3t cable point , for n report. I Is surmised CnIle dE- lay In the case may be caused by thc ulf- ] ncu1y Consul Wetter Is exp rltlwllg In getting information from the Fr.nrJ tf - /Iclals , who are not wel disposed lowur' ) him , on account of sOle trouble flint alese over the granting of his exequateur. No i'robabjily or al Extra le.llon , WASIUNG' April 8.-The president , on being asked this nferoon whether , In view of th supeme court decision on the I Income tn' ( law , an extra session at con- gross would Ie called , said that neither ho nor the sec l.tar ) ' of the treasury saw any necessity for such acton , and flint unless there was an unexpected change In con- dlLons ho had no idea that congress would , meet agaIn herure the time appoiited Cur tme its regular session. appol\led Chansed lIla lUler.ty of thn Fln"t. WASHINGTON , April S.-Admlrl Mea e's Iqundrn sailed today from Kingston - ston , Jamaica , for Port au Prince , Hnyti. All ot the vessels or the squadron accompanied - panied the tuhlp. exc.It Ihe Cincinnati , . whIch went to Port Antonio , Ilro ably for Crult. This movement Is u radical depart- lre from the Itinerary arranged for the squadron , but It lit said nt the Navy de- parlment no elgnltcance : attaches to the change. _ _ _ _ _ I'rot.ctnl Birds 111"nlm.ls / , In this 1'"rK. WASHINGTON , April . S.-Seeretary Smith has made an amendment to the i rule governIng Yellowstone park , which will make the enforcement agaInst those II kIlling animals and birds more Jtllngent , ' hereafter persons c'jectel . ] cannot return except by pernmision , arid should .uch per- sons return without p rmls lon ( lucy will be subjected to a line orinmimnisonmment . wi I Kpturcd Two j'"oll"1 Iolul'rs. : " 'ASIINGTON , April S.-Chlet Inepector \"heeler of the Postolce department has receIved Irformrtlon oC the arrest or John \ ' ltIdux , hite postmaster at buetia Rnrh1H , \ tine nhsconLeL anti was buct : near WlfOII , Kani. ' also oC tire alllreJ Hugh Griiiitn . for the rOhb l { of thl 11uM- olce at lir'rr'l ! I. ' ] ' . 'l'h < .Ittel' pl".J"j guilty , and In\leated three . - - OtICI' " . . Intelgent housewives will have the best That's why they all use Dr. I'rlco's flatting ' l'owder . . 1.11.1 I.ull..t. i J lllo.l. i . 'ASIUNGTON , , April S.-Speelal ( Tele- gram.-The ) secretary of the Interior today - day rendered decisions on appeals from the decIsions at the commissioner ot the general - eral land oleI In the following cases : No- braska-Il enmry F' . Hinme ngalrbt Jefferson H. Smith Valentine district , moton Jeferson Iwarlng tienieti IIHI Hrnitii' entry hell fOI' cuiieeliathoim . SOlth haltotul'eterVeurI. - lunc against Ichard :1 urlly. huron dls. inlet ' decision nlrld , rind Murphiy'ni en- try hell for clncelaton : Charles Sander. son against latrlclc MeCarren , W'atertown tiletrict , nrotion for review denied aneel ide- Cserreum'H entry hneli ( fan' cancehlatloni ; her. inert 1' . Cannyibell against William FL Snueuirt Mitchell slistnici , decisiomi rcverrreui sired brnurt's entry ireiii lrmtniet ; Joiinm A. Slrmgnan.rs uguninet % nmulrew l'etersun , iVater- town uliiituii , uleciioni ailirmed and Peler. son's iinnii lunoo ( will ia rucceiuteti , lt SL7LT.l OX TI11C ICUNNfltl XJZAEJKS. Wyatt Earp Win , is hisce at flay ilstrlct anti ties ilt Ilorn Ruin Up. A.NT iltANClSCO , Amril 8-Chiemuck , 2 to I , fell iii thin second race , auth Jockey Reeves' leg , arm and collar bone were broken , In time fourth Arctic , ridden b ) ' Pehix Care , did circu ! tricks all over time track ( or hmneif an hour , anti then woni by air eyelash frommi Sweet .liee , tm'ctte was cii- iered at $200. anti Nick Ilnhl hId iuhiii up to $1,000. at % vtmicli price \Vyatt Harp , his owner. botniiit him in , llterp hmas a reputum- tiers as a ' 1)0th" nimaim Iii Anizonre. uind nrc expectant crowd followed bum niuut cx- pctinig to see trouble. They weds ioiimten , , Sunmnmary : First race , onnt'.hnif mile. iuiidii 2.ycumr- ohuis : lhtrnlle C , liii , ( Covlrigtnni ) , 4 to I , ivon : Mem-nmald , 168 , ( Cam ) , I ) to C ct'conii ; Siry Lark , 108 , (11111) ( ) , 12 10 1 , thIrd. Tinime : 0:49 : , , . Waiter 3 , Linda , Vista iihiy , Lady ( iray and Nettle I ) also ran. Seconul estee , live anti a halt fmnrhonmgs , seliinc : C" itt C' , 10' ) . ( Iruoiui ) , 2 to 1 , von ; hiiIzzar1 , II ! , ( lleinrk'hie ) , 3 to I , scconmd ; l'ninmce iOt'inie ) , 97 , ( idartin ) , 10 tni 1 , third. Tinier 1:08 : , Fleetwood lime DelL. Qnneen of Scots , Ciiennuc'k aimti iamtiniet iulso ruin , Timinut raee , one nmiie , selling : Meh.ighit , tot , ( liiynmn ) , a to I , won ; Nehucimrcdniezzrur , 8g. ( Jones ) , It ) to 1 seconith ; Iligonimar IPi , ( loimm ) , 13 to I thiirui , 'l'iinme : l:4l , itaunm- drop , TtiornhuIii , Cenitunion anti Muilb2rry nice rani , i'otmrtli rare , nbot six fimnlommg , selling : Aretie , hOt. ( Carr ) , 7 to 1 , won : Sweet Alice , 1oj : , ( Chmernuiier ) , :1 : to 1 , seconmd' CommissIon , 102. ( Grillln ) , even , tirinil. rinmme : 1l3t , Goiduitrg , i.trmry . S. CuttrrIlio , Nonnnauidle , Dora nnd llunmtsmmmaum also mu , Fifth race , six fmnninmgs , selling : Cnuli. tutu Roster , 105 , ( hieinmrichs ) , 4 to I , wunm : hioreas , Itel , ( Cumrr ) ii to 10 , Fecoimd : 1)mnchmess of ZiillItns ( , 101. ( Griiilii ) , 3 to I third. . 'i'irno : 1:15. : uIiss ltutii , Silver , 2ulabe 'I. ninth Toni Clarke nulso mu , Sixth mace , one-halt iimil nnnidens : l ) iu Oremne , lii , ( Sloane ) , 8 to l , woim' SlIver Qmnneri , lug , ( Urlihiri ) , 3 to 1 , ureeonit'h ; Glad- cIte gelulluig , las , ( Itenmnuosstmy ) , 2I to I , third. TimeS Oi94. : Snmumtur idnhiony5 Sim' l'iuiitp ntui ( itriluti filly nlso rams , Mlt.M1'iIhS , April 8-Three thiotisrmrmil lice- 1110 were at Montgonmery hark thus nefter- nioonm to witness the ouenilirg of time reguiuur iuriumg lace ineetlnig. 'lIne ulimy vurs cIuuui' anal iimtier ; cool , but. time sport cnie good , arid thm twenty-lIve hookummnicers did a rush- iumg business , Del Coronado , at. 3 to 1 , iii ( lie secoimd. was time only favorite to win. leuults ( : First race , il'e-eighutins of a tulle : George p. Smith (4 ( to 1) ) worm , i'otenmtate ( eveni ) sectmniuh , Sister Mary (6 ( tu I ) third , Tinmme. I Secoimd mccc , fotnr furlongs , for mnainieuu colts nnd geidlngus , 2-ycmm.ohiis : lel Coro- naulo ( I to I ) won , Coehnico (7 to I ) second , , ( lie Jog , (10 ( to I ) third. Timnmc : 0:51. : Tiriuui nice , tile cotton stakes , 1-yerr-oids : , clx furlongs ; l.aurate (3 ( to 2) ) won , linnul- 5111111 ( S to 5) ) seconid , itlucinnice (13 ( to 1) ) thIrd. Tinme : 1lVi. : Foenrtlm race , tour furlongs , reellhnig : Eta flii ( t ti ) I ) ivomi , Fiorrie (4 ( to I ) sceond , Stehla (4 ( to 1) ) thmird. Timmie : 0:51 : , ViCtim race , onie nnhie , ceiling : lump , Perry (5 ( to 5) ) vun , ilium Iheimry to 1) ) second , lthett Geode ( evenn ) third. 'i'inne : ll5' : % . NAS1t\'tLI11. 4\iinii 8.-The races ret CummsierlaumI hark today were rIme over a trnck deep in mtid , iiimd tIme scratcheS were niurnerous. 'rime Cuumibeniuirmmi prize. s'ithm Its 81.000 gururarsty , thie richest etake of tue nmeetiumg , hind only five starters. Iluck itla- Eel Vfl5 tile CVCXi iiiOniey iuiVUiite lulL hO evidently did not like thin rimmnli , baiter & ( lentry's Simnone tV. a bay colt , by Harry O'Fauion , out of Lady Itoysmter , won the 11100 with case. lie mvas Une timird choice. Itsults : iiist race , ilve-eighmthms of a ummile : Uncle Luke ( S to 5) ) Kuitie (8 ( to I ) secommd ; iCed John ( I to 1) ) tiili'iI. Tinme : 1:01. : Second race tour fun'iomeg : Glacier (7 ( to 5) ) % von , Dr. Iloirimes (2 to 1) ) scconid , Helena lJe'hi ( : r to I ) third. Time : 0:51. : 'rusinul mmccc , boiling , seven-eighties of a nub : JnJa (3 ( to 1) ) worm , , ulu1ie lhiuchranunni er : to I ) second , Cieniieiitinio (7 ( to 5) ) thIrd , 'nine : II2u. : Fourth race , Cunmiberhand misc , for i.year- elite. $1,000 , one nub nun aim eIghth : Simon w' (4 ( to 1) ) worn , Ituck Mnssb ( even ) see- onil. Tobini (2 ( to 1) thud. 'rinse : 2:00t. : Fifth race , orrp-huilf mile , selling : Phug (8 to I ) voni. Itags ( S to 5) ) second , Nancy T (5 ( to I ) third. 'rimne : 1i1i. : . WASHING'roN. April 8.-Time first of thie stake races to ho glverm by ties Virginia Jockey club was run today over a track ( lint was IL perfect nea at nmud , while the rain was conning down mm torrenits. It was time Monticello staheas for 2-year-aIds , at unIt a mile. $100 guaranteed , rend was won by Belmont's filly , Fioretta , by Civil Service - ice , or Fiddlesticks , out of Flavia. Seventeen - teen books went on , and managed te break eV'fl With the tahemmt. flesults : FIrst mace , five furlongs : Pont Lear (15 ( to 5) ) woim , I"ouumdllng (10 ( to 1) ) second , Golden Gate (2 ( to 1) ) third , Tune : Second once , seven furlongs : Sandowime (7 to 5) ) won , l'henty (3 to 1) ) second , Major General ( S to 1) ) third. Time : 1:32. Third race , one-halt mile MonticCIlo stakes : Fioretta (6 ( to 5) ) worm , f'remmuier (9 to 2) ) second , Sunmmertinie (13 to I ) thmlnil. Time : 0:5t'j. : Fourth race , one mile : Carade (8 ( to 5) ) worm , Logan (6 ( to 5) ) uiecond , Restraint (20 to I ) timird. Time : 1:47. : Fifth race , one-unit mile : Applegate (8 to 5) ) won , Vlceregal (2 ( to 5) ) aeeonmd. Hcrneia (1 to 5) ) third. 'rIme : 0:51. : Sixth race , five furlongs : Cucicoo (15 ( to 1) ) von , Hony (5 to I ) second , Leoumards (3 to 1) ) third. Tinic : 1:01 : % . 1ft'xt slanting at ( : hnrrueinl Downs. LOUISVILLE. Aunt 8.-Thin boohc of nra- grams for the eprimig meeting of time umew Louisville Jockey club was issued today. Thi nneetlng begins on Derby Day , Monday , May 6 , arid continues fur fifteen days. Timere viI1 lie live or inure races each day. Besides - sides tleo teim stalees that will lieu ruim during time meeting. thiere will be a $100 over-night handicap each day , while time nuimses vIl1 be : joi ) and 1(00 ( nipiece. Over 700 Imorsemm nrc ex- pectd annul time nmrcilnig liromnises to be thin most succesui held here in ilfteerm years. p There's only one baiting powder to ak for when you wanut ( lie best-Dr. I'rlce'a. GAMES Tills APTERNOON. Uneinhue's ifculuurs iuuiti Colts anti Lincoln arid St. 'Jon % ViIl Start the Z'nisuuu. Tiel afternoorm the impatient fans wilt be given their first opporturmity of seeing Omaha's new teann at work on time uleid , Captain Walsh will divide tire pinycre up into teaunit , putting tine vets against the kids fri a full nine inning game. TIme boys luava already hmad comrsiulerab'.n pn'nctice , but are , of couret' , hardly 1mm ciuwipionsluip form , yet iii alnapim to give a good exhibitiomm of thee game. Time two teumne will hirme up as fohiows : Vets Position , . 1ide. liuteinison. . . . . . . . . . First . . . . . . . . . . . . . \Vhnilens Miles. . . . . . . . . . . . . . . Second . . . . . . . . . . . . . . . .hear Ulrfchm. . . . . . . . . . . . . . 'rirird . . . . . . . . . . . . . . . .Camp W'aishi. . . . . . . . . . . . . . . Simort . . . . . . . . . . . . . . . .laharm Carristi. . . . . . . . . . . . . Itigint Slagie. . . . . . . . . . . . . . . Middle . . . . . . . . . . . . . .Idagan ehimafler. . . . . . . . . . . . . . Left . . . . . . . . . . . . . . . . . .hart [ tussle. . . . . . . . . . . . . Piichm . . . . . . . . . . . .launieliy i'ace. . . . . . . . . . . . . . . . Cutcin . . . . . . . . . . . . . . iwyer This gmnmio ; will bn cahieil at 3 o'clock sharp and 25 cerrtit haYS time admission to nil luirts of time gromnimd , LINCOI.N , April 8.-Speciuuh.-'rho ( first exhnihltioum lull garmie of time season wihl be played tomorrow afternoon at 3 o'ciou'ic with ( lie fit , Joseph learn , 'i'inls will be fulioweul by games one W'euhrmesthney tend 'i'irursilay , Tiiursday night ( lie bum will leave ( or Kansas City , wimero tinny juiuy three gaimice , On thieir return Omaha icihi iso given a trio of wiiirhsr. The iineoln chris has it riuniher of open dates , hiut on time 20th It goes to St. Josepim , miayluig Onimalma ( tic' 29tii arid 30th , conniing inummme to orsenm tue reguiar champion. Bimh [ ) season with l'eonia oniay 2. lInker To'i 1 oui1 finn ( reetioui , CHIC/cOO , AlirIl 8.-Tine cight-roumiul contest - test between Dan Creerloum anti licinry Baker , whiieh came off before ( lie Triangle club tonight , m'as declared a draw. Ciectiuri mad liaker groggy iii time second round , bust was unurbie to lwt lila mien out. Fsonnm tine second round cii honors sc'ere ts'eniy divided , Crcctlonm did most of tine leading tlnroughnout time tIght , i'd the ROYAL BAKING PowDER superior to a1 the others in every respect. It is purest and strongest. , . WALTER S. HAINES , M. D. Consulting Chemist , Chicago Board of Health. filet t'aiet , add tine eggs , two at a time , beating five large fiirncii salt , one tablespoonnfui Itoyal One.liaif cupful butter , one amid one-half mnhiiuttur between cacti addition ; add ( hue flour , Extract Nuinmueg. clue teaspoonful htaynl lisk. cupfuls sugar , ihrree eggs , two and erie-halt sifted withi time movder ; tine nmiik and extract ; hug Pownier , Put iii large bowi raisins , cupfuls flour , one and one-malt teaspoonfuls mix into a tmniootti fine batter , Put in a paper sesuhoul , Currants , washned niuuul plclce'l , suet , itoyal lashIng Powder. one-hnalf cup nmiik , ooe lined cake tin and bake in a uricmderate oven clnopcd very fine , nirnonuls , cut tine , citron , cupful any meats of nuts hireterred or at tininty minutes. Whnen cool cover the top orange and ienromu peels , cinoped , Iennmon , banuel. Rut , hue butler arid sugar to a light , With time following preparation : Vinip time sugar , vine , brarndy anti cream , lastly ; add wlnite crtumm ; add hue eggs , beaten a little , wbites of three eggs to a dry froth ; ( lien tlpur , sifted umitlu powder , unix cli well to- then the flour , sifte4 with the powder ; mmix carefully nmix in foini' cups sugar , thin juice , getiier ; put inn large , cccli tiultered uliould' with tine ummilk and nuts into rather 1mm bat- grated rind arid soft pulp , free of white imithu riot iii eaucepanm will ; boiling water to reaci fey , amid hake lii a iiaper lined tin in a anti seeds , of two auur . oranges , halt up subs of niroulel , steani linus five steady oven thirty-fIve umimimitea. ' hours ; turim out arm dish carduliy ; servo ccliii - . - - i'iuiui i'atitilumg , Nt ) . I , Iionii ( iir'stsimucs ) . Royal \Viue atmce , untrue i iiku , st , . 1 , Two cupfuls raIsins , ( ceo cupfuls currants , P two cupfuls suet , one-half cupful guirnonids , 1ctumnt 'Vniiiis'nreitl ; icing , One-halt cupful bul'r ( , cupfuls sugar , blanched , two cupluis flour , two cuhifuis Melt three ounces fine trcohate with Binali five eggs. once plmt flour , cues arid cuss-hail ' grated Itoyal sugar muflins or bread. erie- quantity of water in pan over fire ( stirring tcaspoactuis itryah l3Lini I'omrder , one tea- half cnihitul each , citron , orange and lemon constantly ) unmtii it iseccumes soft. Dilute spoonful ltoyut Jxtraet 0 ange , ens cupful peel , eight egp , one cupful sugar , omie.irait thIs cille onc-iraif a gill of syrup ; scent uietil 'milk , Itub ( lie butter arid s'gar to a creani ; cupful cream , one gilt each wino arid brandy , perfectly smooth. Then add to boIled sugar , . - - - , - - IVIIOLE F11ILY GOES INSANE Peculiar Mental Malady Mflkth rdtho Mother itna Two Daughtora , SAD BREM < $ NG liP OF t NEW YORK HOME Two Sisters , Worn thet ' Watching at ( lii s. Uetlsiti of Their Crumay Mother , Try to 1(111 Ttuciriseiieui , hull Are I'revcntcti by Nchgiuiiorni , NL1V OItK , Mmli 8.-In tIme insane ps vlllorm at hhelievuo hospital ( hero are two Obminster sisters whom the lmhyslcians will cx- anmeirme tOdia ) , For twenety years these woimmen have ienmdetl their nmmothmer , who is insane anti huedrielden , 'Their father was ire an insane asylum for ntvo years. Yesterday , worn out by ionmg and corrstamit watch over their rriotlrer anmd in ( tin belief that sonic dli ) ' tinC ) ' wool ! cclmue to her condition , both wonmens tried to kill tinenimsehycs , Tire womnene are Mary A. unit harriet McArdie. Tine first i 40 years old stud ( inc other 37 , TheIr fumthicr , Jaimies idcArthie , is umoms' 80 years old , ' lie is a refired builder , Sinortlhiefore iinonm yesterday tine father c'eiit to chnmircin. lie bind boon gone but a little whulle wiren litany , gotnig into ( ire kitchen , foiuniI harriet pourlnmg carbolic acid into a glass of mater. Mary watched lien sister uuetil sine hut tire glass to her lips , tircum shun tlumsinoul it ( rena lion hand. After ( inst ( lucre was a struggle betweeni time two \vonieum , for Harriet insisted ( lint she nimist kill herself , nut tried to jumimp out of tIne window. Time ' cries of Mari nlarneend ( lee mielgitbors , who hurrieni limb tine hiounse , After imaif au leornr hinerrict lecanne calnui. All tim nelgiihuors left tircimi except two wonucni , wimo sniul they would stay tlumnimmg ( lie uftenumoemi , hinT ) ' , irs telling tiieni about thu troubles of her life. i)000nmie so excIted ( lint sutidrimly ire junimimut err tim sill of t he open winilow amid would liavo tlrrown herself to tire court yard , three stories below' , hail riot one of thin women present grasped hair abotmt ( lie waist nun dragged her becle into ( lie rooumm. It was harriet univ who quIeted lien sister. hut Mary grew' sorse until Harriet , in irer efforts - forts to caIne her sitter , becamiie hysterical. \'huen thin father got ironmme late iii the after- nooni ire saw that affairs were boyomid iris control and lie called iii tIre police. As thin officers entered lImo noons they were nnet hiy C tleri sisters , lie hogged to ho given pIstols i'vitlm winicim to kill thneumoselves , anal , being refused , isleaded with tlio oillcers to kill ' timenii. ' , Viien thus elector caine they iso. cauns csehnm. Tlne' saul ( lucy kniew meli threy mvcrc insarme and wisheci to go to tine hospital. Inuliana females dynamite rum shops. The vast uimajonity of wonmen wisely usa the Isa- duo nmmediator. l'rice's Crearmm Halting I'ow- ' der , surest and safest. p :1' : tiju' Co.v1eIos , ' mz s IdTING .1 2' 11ttPf1'JI1S lutc CoiumnmetLtee to aubmeiut Its iteport- .itstneinitiunis Reprusouitott. MEMPHIS , Tenmn. , April 8.-Thin American Turf congress nmeets at tire I'cabody imomrn tomorrow at rmoonj wimeni tine rules comnmittes will serbnilt its report. Lewis Charlt arid L. P. Canton of tIme conmelttco have arrived , and ' cviii lie joinmesi tinis aftenimooni by Joseph Mur- piny , the other member. The toliawiuig racing associations cviii be represented nit time nmeetlnmg : New Louisinuma Jockey club , Little Rock Jockey club , Cumum- borland I'ark assocIation of Nmisirvilie , Twin City Jockey ciurb of St. l'auh , ICenitrncky asso- elation of Lexington , Overhand Panic assocla- tion of Denver , Latonia Jockey club , Cincin- imati Jockey club. Chicago RacIng association ( Hawthiorne l'seric ) , Chricago Fair Grounds as- soiatlori ( hiarioun ) , amid ( lie Saratoga Itacinig aissociuutioim. It is expected ( lint applications for reir. statnmnmeat wihi be misdo by associations that have been ouspeuidad for violation of tue rule hum regard to winter racing. CLEVELAND. 0. , AprIl 8.-Delegates to time convention of turf men , caiici to organize a national sporting league , wiuiclt is to meet tomorrow nsornlnig , arc beginnIng to arrive 1mm ( lie city. A corumnittee was engaged here today - day in drawing up a constitutioa and arranging - ing time other preliminaries. Buffalo 8(111 a Iluily iloy. MONTREAL , April 8.-Irs time ciniflin-Cos- telho tight Griffin was knocked out in the third round. a ' 5/7) / ) c fJ ' )2) 4iz ' ao Tired Women Slnotmlil HlOj ) niutl eonmskler thin dnimugersr ivhmiehi thun'vateiu tlrerui beenminto of their 1V'flhuiei , Inunguor rtiutl lack of ambition. 'I'luoimsuanln : of vouneuu hurl I hruhr sl1'uflgtlu liiiehlmitl ( t the tlpinuimuuds oi dimly. Airti yet ( Inure it ; ira esculim fn'runm ( Inc lnncessmmmt : rommnrl of t'ane sinai toll. 'J'int'y mnuuust have istremigihi. lIov shrill it be givemu ? By ii mm i lii I I r g cm i t itch i' sb's I ( ' mnim I ii n'ouugl u iiu ri- ileil , nrk'iit'n1 fluid 'ituit'i.i'd : blood , I 11)0(1'S ( Sit i'sui hmuuu'ilhnt 'ihl give I hreini St rein gi ii hii'er : LIsa I t vIl I minim Ice I heir hulotiri nuuld tuuuiblcm 11 to fu't'ul ' thou' U en'c'c's ii ) I I ide I moj ui'r ii on i m'llr mmmcmi t. It will give tircni stuenlg Ii imr.rune : it will crunto an umpiotlte' , Ionic the sinunucli Sarsmnuiulriiia Is exactly vinuzt tired we- imloil need , Hood's Snrsapari11a S Is the Only True Blood Pwifier Prorrmimnently lii tue pumbhie eye today. II ferni thrum ihL'i'VLrt , tIstic surd orgurlus - our iurmro bhot > ti , firitl thus gives Perfect inennithu. H ( , if 1 uaey t ) bruyoucv : to talus ' L I CiUV lii clutch 25a , Dn _ ' 5' MCREW , 57515 UNIX . SPECIALIOT iyuo TO&EAaB AU. PBIVATE DSEASES is'euikieas and FecI , lhs'iidura of MEN ONLY lli'ery ( uro Cunrarsieci. ' . - _ o yiii. Uxntruuicu. 5 ; umns p ihuba. Jit Yfl'n , I 'liii .I J'surtiw , tts. OLtlI.1 , NEIl. DR. : GEE WO. WHOJSHE Ii. I. Gas of tire moat - ikillui tir Chimes , dc. ( or. , becuie of miii gloat knOwirde ninth cures. tiacing btimi eight scsi. . in iii , , meuilrai cc4icg. of - - Chins hi unider.tninmit lb. lanmedialo ntIioui of cisc .too reitiedies , Vitni tour- . men ) 'eara of niacticu uimd . over four eais of that time ins Oracina liui giesue tiluim a rsf'Utatlfl ' huecined up LY Ihusiutanidi of mniti- . . .iP - imonmitihi In curing SViOltY t thIMtM"Tli1t : of dices. . , Isttntitr CuIiKI OR OTIiISI1VISt. tSr. C. Dee We guarantee , a CUTS in every ease or flue 1000(1 wIll Lu refunded. Corisumitnetnon tree. b'end a tern-cent Stamp for book sail Question blank , . Dr. C Gee Wo. i9 NlUtli St. , thuisalia , Numb - - . -4 _ _ _ _