ir 1 1 1 o cDpc nirn crnnin i iw
i lLU JIlVJll JUI1UUL. L:H .
Snprtmt Court Decides it UncoruUtutional
on Point of TiiUloa.
SYSTEM MAKES LEVY OF EXPENSE UNEVEN
Xmo tmportinl Omnhn Caaea Settled
by the Court Jnt Before Al-
JotirnlnK for the
, Term.
LINCOLN, April 18. (Speclal.J-Bcforj
adjournment this afternoon the supreme
court handed down decisions In several very
important cases, ono of which declares the
free high school attendance law to be un
constitutional, another reverses the decision
In tho cane wherein T. J, Mackay and otherj
cro fined by Judgo Cunningham it. Scott
for contempt of court and n third mistilni
tho action of Judjto Maker In directing a
verdict of not guilty In the case of the Smti
against Tom DennUon, who was charged b
the prosecuting attorney of Douglas county
with maintaining and conducting a gamo of
chance In Omaha.
Tho opinion In tho case involving the con
stitutionality of the free high school at
tendance law, appealed from Lancaster
county, holds that sections 1 nnd 3 of that
net contravene scctl.ns 1, I and 6 cf article
Ix of the constitution of the state, which
declare that tho legislature may provide
such revenue as may be needed by levying
a tax In proportion to tho value of his or
her property; that tho legislature shall
have no power to release or commute taxes,
and that all taxes for municipal purposes
shall be uniform In respect to persons end
proporty within tho Jurisdiction of the body
Imposing the same,
It was nrguctl In thin case that Inasmuch
s taxpnytr.1 Inside the high school district
must, under this act. pay the difference bs
twecn the cost of tuition of nonresldJiit
pupils and the "ft ctnts per week allowed
by the law, to be fnld out of tho general
fund of the county, and must also pay his
proportionate share of the 7." cents per
week with the other taxpayers of the county
in addition to bearing tho whole of the ex
pense of educating those pupils resld nt
within the limits of the school district, tho
law was contrary to ths provisions of the
constitution regulating tnxatbn.
This suit was begun by the city cf Have
lock against Lansnntor county to secure tho
allowance of a ctalm for tultl-n of pupils re
aiding outsldo the school dittrlct. The de
murrer filed by the county was sustained
and the case was appealed to the supreme
court. The decision of the court will be of
Interest to educators, as It was largely
through their efforts at tho recent meeting
of the Stato Teachers' association that the
case was carried to tho supremo court. Tho
opinion in tho case was written by Judno
Norval.
Defect In Colli pin I lit.
In the case against Ucnnlson it was held
that tho Information Hied by the prosecuting
attorney did not stato a crime In specific
terms. Tho defendant fllel a motion to
quash the Information, but was overruled
after a plea of not guilty had been entered
on the docket. Tho defendant then objectod
to the Introduction of any evidence on tho
ground set forth In his original motion and
tho court Instructed the Jury to return a
verdict of not guilty, refusing to grant tho
prosecuting attorney permission to' file an
amended Information. Tho court was then
naked by the stato to discharge the Jury
without prejudice to further prosecution, bJt
this motion was also overruled.
The syllabus of tho court's opinion In this
easn follows:
An Information drawn under section 221
of the Criminal Code, charging tho de
fendant with opening nnd eHtntillshlng ii
lottery. Is defective which omlti to allege
the capacity In which the defendant acted,
whether as owner or otherwise.
When an Information In a criminal court
falls to state a crime, on n trial had there
under. It Is not the proper practice, when
the court discovers the defect, to direct tho
verdict of not guilty, but the Jury should
be discharged from further consideration
of tho ease.
It Is not nn error to refuse to allow the
county nttorncy to llle an amended Infor
mation where tho complaint beforo the ex
amining magistrate failed to state n crime.
Contempt Wnn S'ot Scrlmi.
In tho Mackay case the court holds that
a disavowal of Intention to commit contempt
of court when made In good faith, though
Insufficient, Is nUleart receivable in extenu
ation of tho offense, and the action of Judge
Bcott In fining T. J. Mackay, V. I1. Harford
nnd Hubert C. Herring for contempt of
court In overruled. The case appealed to
the supreme court was brought about by an
application for n writ of habeas corpus In
the district court of Douglas county by Ben
jamin P. Dodd and Annie R. Dodd for their
minor children, Clara, Minnie, Horn, Alien
and Morgcl, who were In possession of tho
Nebraska Children's Home. Tho men found
guilty of contempt aro members of tho Ex
ecutive Hoard of that Institution. Af'er tho
evldenco was all before the court In thu
habeas corpus cafe and before any decision
had been rendered they addressed a letter
to Judge Scott In which It was asserted that
tho parents of the children were not worthy
of the children. An Information was at onco
filed against them alleging that they ha.l
attempted to us undue Influence In mould
ing the Judgment of the court. In answer
to this petition the defendants admitted
writing tho letter, but denied any malicious
Intent. This denial was stricken out by
Judge Scott nnd the case was then appealed
to tho supreme court.
In closing tho opinion of the court, which
vbs written by Judge, Norval, says;
The disavowal of the defendants of uny
Intent on their part to hinder tho adminis
tration of Justice In snld court or to un
duly Influence It, If It did not purge them
of contompt, at least was permlsnahle In
extenuation of tho offense. Their allega
tions. If they did not have tho effect of
purging: the defendants of contempt If
true, must be reenrded as In some degreo
palliating the offense. If any was rom
niltted In writing and transmitting the let
ter, which we do not decide. It wns error
to strike these allegations from the an
swer nnd for this reason tho sentence Is
reversed and the rnse remanded.
Hrlruntr (rum llroni Comity.
T.ONO PINK, Ncb April 18. (Special
Telegram.) Tho Brown county republican
convention was hold at this pla:c today for
the purpose of selecting delegates to the
state and district conventions. Tho following
delrgatcs were elected! State H. 0. I'alno,
11. A. WnleB, Fred Whlttemoro and Oeorgo
Hurgan. Congrcss-nal L. M. nates, G. II.
Hart, H, O, I'alne nnd Uriah Chester.
Resolutions wero passed Instructing tho
allegations to vote for the election of dole
rates to the national convention who wl'l
support ,Hon. H, n. Schnolder ns uathnnl
committeeman for Nebraska.
Shoot lllm.f 1 1, ,r Itiin.t.
CIIADUON, Neb., April 18. (Spe.lal.) S,
A. Herron. a representative of the Marthall
Taper company of Omaha, accidentally dis
charged a small caliber pistol In M. E. Wil
son's stationery store Monday. The bullet
truck his band, Inflicting a painful wound.
OH Ktnlonloii Prove Pntnl.
nEATHICK, Neb.. April lS.-fSposlal Tel
caram.) Mrs. Daniel Huff, who was badly
turned jesterday by nn explosion of coal
oil whllo starting a fire, died this morning.
TRY ILLEN's FOOT-EASE
A powder to bo shaken Into tltei shoes.
Tour feet feel swollen, nervous and hot
nnd get tired easily. If you have smarting
feet or tight shoes, try Allen's Foot-Kane
It cools the feet ami makes walking easv
Cures swollen and sweating feet. Ingrowing
nails, blisters; and callous spots. Relieves
corns nnd bunions of nil pain and give
rest and comfort Try It today Sold by all
ic anu conuori Try it today Sold by all
iiggtsts and shoe stores for e Trial
nkage FIIKH. Address, Allen S. Olmi cJ
Hoy, N. . '
hi ii
pae
Lclloy,
?he WM aho,lt 30 o,d nd hi,d ,lrel I
two yean. Tbo funeral will be held at
Cortland, where she has relatives. Iter hu
band, who was severely burned about tho
hands and face In attempting to aarlst her, I
was taken to Omaha today, where Jo will
be place.l In a hospital. It Is feared that he
will lose ono of his hands.
M-:illtAKA CHOI'S TO II K LAnOK.
Weaiher line It Purl Torrnrcl Pros
perity In the Stnlc.
ATKINSON. Neb., April 18. (Speclil.)
Rain fell hsrc from Saturday morn'ng al
most steadily until Monday night. Small
grain Is about half In. Farmers In this sec
tion never had n brighter outlook.
BATTLK CRHHK, Neb.. April 18. (Spe
cial. ) It ja calm nnd clear this morning,
aw.. un,n tain, I ur Bliiuil fti.iiu,
wmcn is nearly nil up nnd looking well,
wan much bcnefltc-l by the rain.
HIIAINAIID, Neb., April 18. (Special.)
Haln has fallen here most of the time for
tbe pant three days nnd nights, The prca
pect for a good crop was never bettor.
EI-WOOD, Neb.. April 18.(Speclal.)-It
has been .raining hero for tho last forty
eight hours. Thrco, and a half Inches of
rain hnvo fallen.
HARVARD, Neb., April 18. (Special.)
This In an Ideal morning that follows four
days of steady cloudy weather, during whlrh
tlmo over three Inches of water has fallen.
The conditions f-.r crops could not be better
nml winter wheat, with spring rnwn grain,
. is doing finely.
I HUMBOLDT. Neb,. April 18. (Special.)
The rain of the last few days has put the
fall wheat In fine shape and tho farmers are
pleased with tho outlook.
J NORFOLK, Neb.. April lS.-CSpcclal.)-
i iicre utu iiti'ii n sirauy rain icr two nays.
The ground !s thoroughly soaked, The grau
and small grain Is looking line.
TKCUMSKH. Nob., April IS. (Special.)
Another rain visited Johnson county last
night. The total precipitation for tho last
forty-eight hours Is fully three Inches.
WILCOX, Neb.. April 18. (Speclal.)-In
the last ten daja thrco Inches of rain has
fallen In this vicinity. The ground Is well
soaked putting, It In splendid condition for
crops. Tho winter wheat looks splendid
and there Is a large acreage sown and the
spring wheat and cnts aro nil looking' well.
Donne ('nllem- Ante.
CRETE, Neb., April IS. (Special.) Tho
spring tcirm has opened auspiciously, with
several now students In attendance
Mrs. Chester Dawes has contributed sev
eral volumes of tho Advance and the Out
look to the library.
Mrs. John Shcrrlll has given n box of ma
terial, consisting of books, magazines and
pamphlots.
The beginning French class has learned to
sing "The Marscllalsc" nnd tho Cicero
class "Integer Vltnc."
The members of tho senior rhetorkal
division are preparing essays In criticism
of Emerson's essays, part second.
In outsldo reading In the winter term Mr.
Ilacr of the beginning Herman class read
6,503 lines In German newspapers; Mr. W. E.
Wade of tho second year academy Latin 2,f2t
lines In Caesar and Cicero; Mr. G. C. Met
son of tho elective French class 71f pages
j In six different books, and Mr. C. W. Char
' leson of tho beginning French class 208
pages.
, Representatives from Alpha, Omega of
Doane and the Dellan society of tho univer
sity last Saturday evening, In the Congrega
tional church, debated the question: "Re
solved, That Imports from our now posses
sions should be admitted free from duty."
There was no decision by Judges.
Moliriirn Prrliyterj- In Srlon.
O'NEILL. Neb., April 18. (Special Tele
gram.) Tho thirtieth semi-annual session
of the Nlcbrara presbytery was opened In
O'Neill lost night with a sermon by tho
retiring moderator. Rev. D. C. Montgom
ery of Wnyno, on tho subject, "Tho Sword
tf Goliath' Tho prr.bytcry wb thon
formed and Rev. T. Morolnc of Randolph
was elected moderator. Rev. F. D. Halner
of Atkinson was elected clerk. The fore
noon was devoted to business, Linden Mul
ford of Stuart was taken In charge by tbe
prcabytcry and will be educated for the
ministry. The construction of tho commit
tee on homo missions called forth a lively
debate. Rev. S. P. Sharpless of Norfolk
was mado chairman. Dr. Thomas L. Sax
ton, synodlcal missionary, addressed tho
clergymen at 3 o'clock. Popular services
wero held In tho evening by Rev. S. Light
of Pender, Rev. John Glflln of Wakefield
and Rev. 0. E. Recks of tho Mack Hills
presbytery. There are In attendance sev
enteen ministers and fourteen elders.
No Cfmnne In Lexington IlnnU.
LEXINGTON, Neb., April 18. (Special. )
In a telegram from Washington recently
published In The Ilee mention was made of
M. Temple as president of the Flrft Na
tional bank of this city. This Is a mis
take, as no change has been mnde In the
Um.nl of Directors or the officers of tho
bank slnco August, 1S99. That chango was
rriado necessary by the death of tho presi
dent, II. V. Temple Is presldont; E. A. Tem-r-le,
vlce president, and P. L. Templo,
cashier.
Ileiuililirnn Meet at Iteil Cloud.
RED CLOUD, Neb.. April IS. (Special
Telegram,) Tho republican county conven
tion met here today and named tho follow
ing delegates to tho state convention: A.
.1. Hnves. Guide Rork: .1 II. flreenhnleh.
J Cowles; Otto Skjelver, Otto; J. S. Hoover,
Dluohlll; John May and L. R. Thorn. Rlnden;
C. H. Potter. W. T. Auld. J. R. Mercer. C. W.
Kaley. A. Oalutha and R. T. Potte-, Red
Cloud; Frank nuker, Roscmont. C. E. Hicks
of Bladen was nominated for representative.
Hnmhnlilt Trni'her Xnnieil,
HUMBOLDT, Neb., April 18. (Special.)
The Board of Education met last evening
and engaged teachers for tho city school
with tho exception of two rooms, which yet
remain to be filled. Tho corps of tcachem
as selected lei as follows: Superintendent.
Prof. George Crocker; principal, not se
lected; assistant principal, Mis JcsMo Pyte;
grade teachers, Mrs. Crocker, Miss Bello
Ebrlght, Miss Sadie Ransom, Mrs. Emma
Joseph, Ada Gibson.
lliiiiiholilt' Vote Cniivneil,
HUMBOLDT. Neb.. April 18. (Sreial.)
The city council met last evening and
canvnsred the votes rnvt nt the teccnt mu
nicipal election, There were no changes
except on city engineer, where It was found
that T. M. Conner, whose election by four
votes was reported by tbo ele:tlon board,
had been defeatei by John C. Beard for the
place. An error In footing up tho totals
was tho cause of the mistake.
lury Pull to A if roe.
TAR LB ROCK, Neb., April, 18. (Sreclal.)
Tho liquor caso of the stato of Nebraska
iagalrnt W. A. Layton and J. E. Kelter. drug-
g'rtts of this place, came up for hearing In
the district court before Judge J. O. Stull
at Pawnee City yesterday. The Jury wera
out all night and failed to agree and we-c
discharged this morning, tho caso going
over until the June term.
Ilnrhrr Kininlm-d nt O'.XpIII.
O'NEILL. Neb., April IS. (Special Tele
gram.) H, H. Casebeer nnd Joseph Turn
mond, members of the State Board af Bar
ber Examiners, held a session of the board
In O'Neill today for the examination cf
harbors according to tbo law. Twenty were
examined.
Arm Broken In Itimnvtn).
A1NSWORTH. Neb.. April 18. (Special
Telegram.) George Ath. tho small son of
James Ash of this place, had hi left arm
broken yesterday by a runaway team, tlx
miles east of town.
Fund for Indln Sufferer.
HUMBOLDT, Neb., April 18. (Special,)
Tho prople of the Methodist church Easter
Sunday raised (103 tor India famine suffer-
crs. A citizens' committee, consisting of
ono member frccn each church organization,
Is also at work anu Is meeting with mu?h
success.
,tt Sehnol for Mnillson.
MADISON, Neb.. April 18. (Speclal.)-At
an election held today to dccldo whether or
not to Issue bonds to the nmount of J12,
2,0 for the purpose of building n school
houo on the site of the one on the south
side, considered unsafe, the vote was 253
for and 28 against the bonds.
HAVEN FOR THE BOER
fCcntlnued from First Pago.)
mi, t :o c tnmander cf the Fifth dlvUlon of
tho South Africa field force, has been or
dered to return home. It Is said that n per
emptory order for General Wnrren's return
wns cabled to South Africa this morning.
Tho War ofllco declined to give any In
formation in regard to the current repirts
that Oeneral Wnrron had been recalled.
A dispatch front Pretoria, dated April 17,
rayr: The latest official reports from tho
Oinngc Fre0 Stnto aro to the effect that
Geneial DcWct Is still surrounding lira
bant's (Dalegcty's?) forcea, though the
Ilrltlsh aro strongly Intrenched In Roer
fashion, Indicating that they are cMonlals.
Commandant Fronemann reports that he
rhnsel too trcipi acrois tho river In the di
rection of Allwal North, capturing several
rtisoners.
It In said that ilethullc bridge has been
blown up.
I,OMr to DnlrRrt)-' Column.
A Maseru dispatch sas; Colonel Datgcty's
casualties slnco he has been besieged at
Wepcncr have been twenty killed and 100
wounded. The Roer losses are reported to
have been considerably heavier.
After tho night nttack on April 12 the
dead were left on the field, whero they still
He unburlcd.
Thuro Is a conflict of opinion among the
lenders. Somo want to attack again, while
others refuse to do so. Desultory cannon
firing and "sniping" continues.
Tho Cnledon rising alarms tho Doers,
who ore now on both sides of the river
and might bo cut oft if the stream was to
become flooded.
Five Roer gun3 are believed to be dis
abled. Tho Rlocmfonto'.n correspondent of tho
Tlmos tcilcgraphlng Wednesday says: "A
correspondent with General Chermslde re
ports that tho Third division has advanced
tilght miles east of Revldersburg and gone
Into camp where tho Irish Rlfltnj surren
dered. Four hundred Roers had Just evacu
ated tho pcnltlon. General Chermslde had
no further contact with tho Honrs.
PARIS, Aprlt 19. Count Muravlcff, tho
Russian minister of forolgn affairs, la going
to Join Emperor Nicholas nt Moscow. This
Is looked upon here as being possibly con
nected with somo idea of Intervention In
South Africa,
Mtiinnn! Invented.
ACCRA. Gold Coast Colony, West Africa,
April 18. News has been received hero that
Mumassl Is closely Invested and that the
situation will soon become grave If relief Is
delayed. The governor, Sir Fredoricje Mit
chell Hodgson, is asking for all available
forces.
A Ilrltlsh officer who Is In command of an
Important station ncrth of Mumasil says
that unless relief Is forthcoming soon It will
bo Impossible to hold out. The first relief
force Is expected to arrive at Mumassl to
day and It will attempt to force the cordon.
Nntlves hero are convinced that French In
fluences nro operating against the British.
Itoer Offer Portunrnl Money.
PRETORIA. April 18. As scon ns tho
Berne award in the Delagoa bay railway
arbitration was published the Trnnavnal
government offered to lend Portugal tho
nmount she was condemned to pay ($5,000,
000), which, however, was courteously de
clined, the statement being made that tna
money was already provided? Tho govern
ment Is receiving many memorials from
burghers on tho subject of sending the Roer
prisoners to St. Helena and will formally
protest to Great Britain on tfle subject. '
Secretary of Stato Reltz says tho Trans
vaal government Is not taking any resolu
tion regarding the destruction of tho mines.
Cninmllon for Cnnnillnn.
OTTAWA, Ont.. April 18. THo Imperial
government has decided to give twenty-four
out of tho forty-four commissions to be
granted to Canadians In the regular army
to officers and noncommissioned officers
serving In South Africa. Six commissions
will be given to Canadian gentlemen and
this, with the fourteen which have gono to
tho Royal Military college of Kingston, will
mnke forty-four in all. Lord Roberts will
send tho names of twenty-four of those in
South Aflrca, whom he recommends as
candidates for commissions.
CONFER OVER COLLEGE WORK
Ilev. .11, I. norrllnsr of Crrlghton Unl
vrmtty Dnirn for nn
Address,
CHICAGO. April 18. The second annual
conference of Catholic Colleges of America
and Canada began hero tody at St. James'
High school hall. Mgr. Conaty, rec
tor of tho Catholic unlversLy at Washing
ton, D. C, presided. Prominent Catholic
educators, representing yearly all tho
Catholic colleges of the country, aro In at
tendance. Many nblo papers nave been pre
pared on sublccts which &re of great Im
portance to tho delegates. The object of
tho conferenco this year Is iBe unifying of
Catholic collegiate education.
This morning's session wbb devoted to tho
discussion of "Uniformity or Entrance Into
the Freshman Class," with k paper on tho
subject by Rev. L. A. Delurey of Vlllanova
college.
"The Relative Merits of Courses In
Catholic nnd Non-Cathoo colleges for tho
Baccalaureate" was tho title of a paper by
Rev. Timothy Brosnahan of Woodstock col
lege, Baltimore. The spcaKr declared that
tho 420 non-Catholic colleges In this coun
try nro so diverse In their demands that
they defy classification.
In tho nftcrnoon a papor oy Rov. James
A. Burns of tho Notro Dame university, en
titled, "Tho Electlc System of Studies," was
discussed.
This evening Mgr. Conaty, president
of tho conforence, will denver his annual
address.
Among others who are present and will
deliver addresses are Very Rev, Patrick S,
McIIalo of tho Niagara university; Rev.
John P. Carroll, St. Joseph's college of Du
buque, la., and Rov. M. P. Dowllng of the
Crelghton university of Omaha, Neb.
LARGER HALL IS NEEDED
Premium on neat to the Conference
of Pore I mi Mission nt
Aevr York.
NEW YOnK, April IS. From present
appearances about 20,000 persons wish to at
tend the national welcome meeting of the
conferenco of foreign missions Saturday
evening. President McKlnley, Governor
Roosovclt nnd ex-President Harrison have
all promised to speak and the hospitality
commltteo of the conferenco Is at Its wits'
ends to provide seats for persons entitled
to consideration, since the actual members
of the conference will nearly fill Carncglo
hall.
President nnd Mrs. McKlnley and their
party will not reich the city till Saturday
morning, They wllf stay nt the Hotel
Manhattan.
Ex-President and Mrs. Harrison are ex
pected to reach the city tomorrow.
LINCOLN GUN CL(jB SHOOT
First .Daj'i Work Brinpj Oat a Hic Banoh
of Expirtt,
ONLY TWO EVtNTS ARE SHOT OFF
Prnctlee nt Lire' nirdn nnd TnrKrt
Shovr the (inns; In (innil Con
dition to Mnkc Pine
Sport.
LINCOLN, April 18. (Special.) The
third annual tournament of the Lincoln Gun
club, open to the world, began at the club
grounds went of this city this morning. Tho
program Includes target and live bird events
and prizes amounting In value to $1,000 have
been offered for the bent scotch. Many of
the crack shooters of the country are h.'re
and tho tournament promises to be one of
the most successful ever held In tho city.
"Dick" Llnderman of Adams, who mado a
record of sixty-five straight live birds at
tho Grand American handicap In New York:
W. R. Crosby of RaUvIa, N. Y., who holds
several championships and who defeated El
liott, arrived today and will partlclpnto in
tho tournament. Omnha Is represented by
Pnrmoleo. Townsend, Curtis, Rruckcr, Reod,
Crablll, Kimball and Watson, all mombc.s
of tho Omaha Dupont club.
Following Is tbe summary of today's,
events:
First event, seven live birds, J5 entrance,
t20 added, twenty-six to thlrty-threo yards'
handicap, thirty-one entries: nrucker,
Reed, Llnderman, Rains, Cratty, 7 each;
Carter, Slmpklns, Ralley, Rlglcr, Curtis,
Glade, Jcffcrles, Miller, .Moore, Nlcolls,
Selvers, Townsend, Kleutsch, 6 each; Rurk,
Llnohart, Pryen, Hray, Clyde, 5 each.
Second event, twenty-five whllo flyers,
forty-three entries, five prizes: Lienors
first, Conner second, Rurke third, Townsend
fourth, Dorgan fifth.
Event thrco was called off.
BOOKIES REAP A HARVEST
Only One Pnvorlte Crossed the Wire
First nt Memphis Winner on
Other Itnclnsr Coarse.
MEMPHIS, Tenn., April 18. It -.as a field
day for the bookies at Montgomery park,
but one favorite succeeded In winning, nnd
thnt, too, on a claim of foul, The day win
nn Ideal one and a lnrge crowd witnessed
I he nftcrnoon'B sport. In the first rnce
Zack Ford, who was heavily played by tho
Texas contingent, closed a favorite, but
Denman Thompson camn with a rush In
the stretch nnd won by a length.
In the second Glen Lnke, a derby tartcr,
was installed first choice at twox. He was
never In the hunt, however, Elsie Vonner.
nt long odds, winning handily from Inci
dental, another outsider.
Atlnntus, at 20 to 1, ran awny with the
third event. The fourth race, nt n mllo
nnd seventy ynrds, brought out six 3-yenr-olds.
The Conqueror was an odds-on fa
vorite and wns heavily backed to win.
After lending to the stretch Knight Hnn
neret. the second choice, drew awny nnd
won easily by two lencths.
Odnor was a slight favorite over Harry
Pulllam In a flve-furlong dash. At the
start Wild Pirate crowded Pulllnm and
Darlulm to the rnll. forcing them to pull
up. spotting what chances they mny hnvo
had. Wild Pirate came on and won by
threo lengths from Odnor, the fnvorlte.
The Judges disqualified the winner, giving
Odnor the race. The sixth race, slx-furlon?
dash, was won easily by Judge Wardell.
Dr. Wamsley. the favorite, finished third.
Track fast. Results:
First rnce, four and one-half furlongs,
selling: Denmnn Thompson won, Znok
Ford second, Gibson Dirt third. Time:
1:53.
Second rnce, five and one-half furlongs,
selling: Elsie Venner won. Incidental sec
ond. Glen Lake third. Time: 1:04V4.
Third race, ono mile and one-quarter,
selling: Atlnntus won, fichnell Laufer sec
ond, Hen Chance third. Time: 2:10.
Fourth race, one mile andreeventy ynrds,
purse: Knight Banneret won, The Con
queror second, Dlsolute third. Time: 1;4?H.
Fifth race, five furlonjs. purse: Odnir
won, Dick Burgess second. Wall third.
Time: 1:0414. Wild Pirate finished first,
but wns disqualified for foullnir.
Sixth rnce. six furlones, selling: Judge
Wnrdcll won. Maggie Davis second, Dr.
Walmsley third. Time: 1:15.
Result nt Tnnfornn,
SAN FRANCISCO. April 18.-Wea.thcr
clear and track fast. Tanforan results:
First race, nine-sixteenths of n mile, for
2-year-oldn. purse; Grafter won. Elkarn
second, Brlter third. Time: 0:5;.
Second race, six furlongs, selling: Afghan
won, Theory second, Amaza third. Time:
1:131.
Third race, one mile, purse: Mortgage
won. La Goleta second. Roslnnntn third.
I Time: l:41H.
Fourth race, one and one-sixteenth miles,
' selling: Captive won, Opponent second,
I Gauntlet third. Time: 1:49.
Fifth race, flve-elrhths of a mite nurse;
St. Casslmlr won. Dr. Sheppard second,
Miss Rowena third. Time: 1:C0V.
Sixth race, one mile, selling: Decoy won,
March Seven second, Expedient third.
Time: 1:44.
Seventh race, one and one-elxteenth miles,
selling: Sir Hampton worr. Einstein second.
Rosalbra third. Time: 1:50.
Heult nt Aqnrdnct.
NEW YORK. Aprlt lS.-The track at
Aqueduct today was heavy and sloppy,
but five favorites out of six were first past
tho Judges. The card wns badly cut with
scratches. Results:
First race, four and one-half furlongs,
selling: Lambkin won, Dandy Boy second,
Pair Rosamond third. Time: 091-5,
Second race, five and one-half furlongs:
Meehanus won. Boney Boy second. Olea
third. Time: 1:09 4-5.
Third race, about seven furlongs, sell
ing: Carbuncle won, Sweet Caporal sec
ond. Golden Sceptre third. Time: 1;30.
Fourth race, one mile nnd seventy vnrds:
Walt Not won, Ten Candles second, Knight
of ths Garter third. Time: 1:11)2-6.
Fifth race, six furlonps: Rlnaldo won,
Dlmunltlvo second, Llndula third. Tlmo:
1:18 3-5.
Sixth race, five furlongs: Unmasked won,
Merrfr second, Long Isle third. Tlmo:
1:(C 1-5.
Dates nt I.ntonln.
CINCINNATI. April 18.-The dates for
the Latonla stake races aro as follows:
May 3 Latonla Derby, for 3-ycar-olds,
one and one-half miles.
May .10, Turf Congress, for 3-year-olds,
ono nnd one-eighth miles.
Juno 2, Cllpsettn,. for 2-year-olds, flve
elghths of n mile.
Juno 12. Harold, for 2-year-olds, five
eighths of a mile.
June 16, I.ntonln Oaks, for 3-year-olds,
one and one-quarter miles.
June 21 Hlmyar, for 3-year-olds, one and
one-eighth miles.
June 23, Covington Springs, five and one
half furlongs.
June 30, Tobacco, for 3-year-olds, one
mile.
BALL PIiAYUIlS AHK A 1,1, HEADY.
F.nstrrn Srnsnii Will Open Next Week
Wntrrn l.enmir.
NEW YORK. April 18.-The playing
schedule adopted by tho Eastern league
contains 126 gnmcs, each team playing six-ty-threo
games at home nnd a like number
nbrond, The season opens April 2( and
ends September 22.
t.'hn nice In Date of (iitinrs,
MILWAUKEE,' April 16.-Presldont M. R.
Itllllea of the Milwaukee American League
of Base Hall Clubs announced tonight tnnt
the opening game of the season between
Milwaukee and Chicago would be played In
Milwaukee on Saturday Instead of at Chi
cago tomorrow. The change was mado
necessary owing to the poor condition of
the Chicago grounds,
(Jump Postponed.
INDIANAPOLIS. Ind.. April 18,-IndIan-apolls
and Cleveland game postponed; wet
grounds, The opening game cannot pos
slbly be played until Friday.
Grent Array of n,v.-rr.
ftT T.flIMn Anll IB Tl. r...v .
" - ...... .,.7 luuiwi minimi
dog show of the St. Ixiuls Kennel club
milieu iii jne wesi r-nu coliseum today
ind
DOES COFFEE AGREE WITH YOU ?
If not, drink Graln-O mads from purs
rnlns. A lady writes: "The first time I
made Graln-O I did not like it. but after
using U for one week nothing would Indue
rna to ro back to coffee." It nourishes and
feeds the system. The children can drink
It frely with (Treat benefit. It Is tha
strengthening substance of pure g ruins.
Get a package tody from your grocer, fol.
lew the. dtrectlona In making It and you
jrlll have a delicious and healthful tibia
fcVrga for eld and youn. lie and ate.
will continue to the end of the week.
Never before In the history of the organiza
tion was the outlook for a successful show
so bright. Former records as to the num
ber of dogs entered have not been broken,
but the eiuallty of the canines this year Is
much better than ever before.
About dogs have been benched during
the. post few days. They will be Judged
and JT.CM) In money In nddltlon to a
splendid array of special prizes will be
awnrded to winners In tho different classes.
,
Anion the Filthier,
CHICAGO, April 18,-The Record tomor
row will say: George Dixon, ex-ehamplon
featherweight, ,who announced his retire
ment nfter Terry McGovcrn knocked htm
out In New York, tins derided to shy his
castor Into the ring again. Information
from a reliable source Is to the effect that
nixon feels encouraged by the way Me
Govern has been handling nil other fenther
weights. In view of the hard light he gave
me nine rnnmpion.
Sam Harris, McOovcrn'.i ninnnger. nnd
Tom O Rourke hnve been talking nbout an
other match between their proteges for
j some time. Harris acknowledged this whllo
In Chicago with McOovcrn. O'Rourke In a
confidential dispatch to a Denver friend,
where Dixon Ih soon to have n benefit, Im
parted the Information that McUovern and
' Dixon may tight ngnln.
I Terry McGovern. Sam Ilnrrls. Chnrles
Mnyhnod and Lou Houseman of the Tnt-
! ters.iirn club left for New York todav.
, Houseman goes east for tho ostensible pur
pose of arranging n match between Tommy
t Ryan nnd his protege, John Root. The
light promoter, however, will kill two birds
with the same stone nnd attempt to ar
range for Dixon's nppearnnre at Tatter
sail's In tho near future.
Henny Yanger. the "Tipton Slasher." has
nnnounced that he Is open to meet anybody
In the world nt 118 pounds and Houseman
win iry 10 sign uixon to meet Yanger.
Mlaauiirl Vn Kimy,
LINCOLN, April IX-fSncclal Telegram.)
In n very one-sided nnd praetlcnllv fea
tureless game the Missouri State University
base ball tenm was defeated this after
noon by Nebraska, the score being 22 to 4.
Tho visitors were clearly outclassed nt nil
points In the game. Nebraska hit safely
for one, two. three and even four bases al
most at will and three men were forced
over tho home plate by Missouri on bases
on balls. Nebraska showed up well In both
Melding and batting.
Ilnrry Vnrilon 'Win nt Golf.
WOOLASTON, Mass., April lfi.-llnrry
vnrdon. the lirltlsh open golf champion,
today defeated the "best ball" of two pro
fessionals, Arthur Fcnn of Poland Springs
nnd Robert Strnnner of Nnssau by a Feoro
of ,1 up and 2 to piny, on tho link nt
Yoolrton Golf club. Conditions were very
unfavorable for good plays.
FORETHOUGHT OF ST0RER
Aiiirrlenn Minister Dili Graceful nnd
Tnctfnl TIiIiik nt Court
of Mndrtil.
WASHINGTON. April 18. It Is learned
thnt no Instructions were sent from Wash
ington to Mr. Storer, the United States
minister nt Madrid, rclatlvo to the pre
sentation of regrets for the extension to the
Duo d'Arros, the Spnnlsh minister, of the
Invitation to nttend the celebration of the
Snanlsh fleet In Mnnlln linrh nr. In nthpr
' words, Mr. Storer Is authorized to use his
own Judgment nnd net on his own responsi
bility Iniany representations he may have
mado to tho Spanish foreign office on this
subject. It Ib not to bo inferred from this
statement thnt his action, oven If as re- I
pcrted, is disapproved here. On tho con
trary, It Is asserted thnt his course was In '
tnorougn nccord with the proprieties of
official etlquetto and that he showed excel
lent Judgment in anticipating a complaint
which woould havo been dlsagreeablo to
meet. His course Is closely akin to that
pursued by Lord Paunccfote. the British
ambassador here. In stating to Secrotary
Hny In advnnco of any information ns to
tho nlleged opening of Mr. Macrum's mall
that If such an act had been commlted It
was unauthorized and was a Bourco of re
gret. The officials are careful to make it clear
that Mr. Storer did not make an apology In
tho natno of his government, and they nro
confident that tho Madrid dispatch conveys
an erroneous Impression on that point. In
asmuch as the offense, if there has beeri any
offense, was perpetrated by a municipality,
for whose nctlons the United States Is In no
senso responsible, It would of course not bo
proper for tho United States government to
mako an apology.
On tbo other hand, as already Indicated,
It was entirely competent for Mr. Storer to
personally explain to tho Spanloh minister
of foreign affairs that the UnltJd States
government has no Jurisdiction In such cases
and also to point out how the Incident mny
havo occurred without intentional d!hre
speet to Spain.
It has been erroneously stated In connec
tion with this subject that the Sfnnlsh
minister was singled out for Insult In this
matter; that he alone of the entire diplo
matic corps was tho recipient of an in
vitation to attend the celebration. Un-1
doubtedly this would havo added greatly to
tho gravity of the offense wero the stato-1
ment correct. But Inquiry today cisclrscs
tho fact that many of tbe members of tho
diplomatic body havo recolvcd invltat'ons to
attend the demonstration In Chicago and It
Is assumed that, If others have not rece-ivci
their Invitations, It Is only bocaueo of de
lays in the mall. At any rate the diplo
matic representatives of the presidential
continental powers have been honored In
this fashion.
Tlje Spanish minister Is satisfied with tho
explanation of tho'nffalr that has been mado
by Mayor Harrison nnd ho says that he will
not mako tho Incident tho subject cf nny
representations to the State department; so
that is tho end of It.
The wholo occurrence, however, ha? had
the effect to emphasize In tbe minds of tho
officials hero the propriety of remitting to
the State department any exchanges befveen
tho diplomatic body hero and tho promoters'
of enterprises nnd celebrations, whether
theso latter nro national, state or municipal.
It has only recently come to bo tho custom
for tho managers of ceremonials such as
that about to take place In Chicago to ad
dress themselves directly to foreign repre
sentatives in Washington. With the best
of Intentions on the part of the projectors
much mischief mny result from this laxity.
In tho present case, Xor Instance, It may
TIE BMLIHCTW SWSm
GOING TO THE COAST?
The Burlington runs thro' sleepers to
San Francisco.
No cbangos. No delays. No chance of
mltslng connections, Plnest scenery In tbo
world for over seven hundred mllos a beau
tlful panorama of tho RockUs.
Thro tars leave
Omaha, at 1:25 every
Tlekat Office,
502 Farnnm St,
Tel, 250,
readily be perceived that the acceptance by
a member of the diplomatic body In Wash
ington of nn invitation to glorify the crush
ing defeat of the Spanish navy at the hands
of America's might conatttute a grors vio
lation of the spirit of neutrality which la
supposed to animate governments, and
might Involve In dimculty with his own gov
ernment the unwary diplomatist who ac
cepted such an Invitation.
It Is nld nt tho Stntc department that It
Is too much to expect that there should be
a general knowledge on all these little dlplo
mntlc Intricacies, wherefore to prevent hu
mlllntlng Inrldcntn It would be better for
projectors of public demonstrations who de
sire to securo the attendance of the diplo
matic corps to nvnll themselves of the knowl
edgo nnd experience of the ofllclnls of the
Stnto department.
BOTH SIDES STAND FIRM
(Continued from First Pago.)
tho next few days. It. L. Dcvcns of Now
York, tho secretary of tho National Metnl
Trades nssoclatlon, Is hero in conference
with leading manufacturers.
The strikers rllnir tn their nrlplnnl gunr.
tlon that no outside machinists can bo ob
tained ami think that Mr. Dcvcns' presence
In Cleveland Is significant. Information
from a rellahlo source In to tho effect that
Mr. Dcvens Is to havo n conferenco with
Grand President O'Connell of the Inter
national Association of Machinist nt New
York within tho next few days.
ChleiiRo llretver Strike,
CHICAGO. Anrll 1R. IllnVrenr,..
tho striking employes and tho officials of
tho Best Brewing company of this city
wero settled amlenhlv this nflrj-nnon nt n
meeting held nt tho headquarters of tho
Chicago nnd Mlllwaukee Brewers' associa
tion and tomorrow tho men will go to work.
This brines to an end n dlmeitltv thnt
threatened to result in tho discharge of
every member of the Brewery Workers'
union In Chicago, nbout 700 men, ns tho
Brmvers' nssnctatlnn. II Ix until, ttirniinno.l
to take strong nctlon unless tho striking
men want men to arbitrate tho matter. Tho
difficulty wus over a question of overtime.
Cnrpet Wenver AnK n Itnlnr.
PHILADELPHIA. April 18. Tho Power
Loom Ingrain Carpet Weavers' Protective
association of Philadelphia, after working!
under an old scale of prices for five years,
has asked tho manufacturers for a 7 per
cent nverngo Increaso in wages, which was
promised "when trade shall warrant It."
A Joint meeting will be held on Saturday
night, nt which tho request will b3 dis
cussed. There nro 3,200 power looms In tho
city nnd two-thirds of them nro "murklnnd"
looms. It Is thought tho demand of tho
weavers will bo granted because nt tho
present time they can only mako $10 to $11
a week working full time.
Miner Aeeept Company' Offer.
MKYHRSDALB, Pa.. April 18. Miners of
tho Cumberland and Summit Coal company
havo voted to accept tho company's offer of
65 ccntB a ton nnd will return to work
Thursday morning. This breaks the strike,
ns other miners In this region will return
to work nt the tamo rate in the next few
days,
Plre In Jersey City.
NKW YORK, April lS.-FIre enrly this
morning destroyed Morris Drlskln & Co.'s
box fnctory In Jersey City. Ixiss, $50,000.
TODAY'S WEATHER FORECAST
Cnnt limnnre of llrlirht Skies la Prom
ised for Xebrnkn Seheilnlc for
Adjacent Stntc.
WASHINGTON, April 18. Forecast
for
Thursday and Friday:
For Nebraska Fair' Thursday nnd Fri
day; westerly winds.
For Iowa nnd Missouri Fair Thursday;
Increasing cloudiness Friday; varlablo
winds.
For North and South Dakota Fair and
cooler Thursday; Friday fnlr; winds shift
ing to northwesterly.
For Knnsno Fair Thursday, with warmer
In western portion; Increasing cloudiness
Friday; varlablo winds.
I.ocnl Itrcoril.
OFFICE OP THE WBATHER BUREAU.
OMAHA, April 18. Omnha record of tem
perature nnd precipitation, compared with
the corresponding day of the last three
years:
1P0O. 1891. ISflS. 1857
Maximum temperature .. ftl 60 51 "fi
Minimum temperaturo .. 43 38 38 tl
Average temperaturo .... 63 49 44 68
Precipitation 03 .00 . 85 .0)
Record of temperature and precipitation
nt Omaha for this day and since March 3,
1900:
Normal for the day 65
Deficiency for tho day 2
Excess since Murch 1 4(5
Normnl rainfall for the dny 11 inch
Deficiency for the day 08 Inch
Total precipitation since March 1.2.31 Incliej
Deficiency slnco March 1 27 Inch
Deficiency for cor. period. 1RD9 2.31 Inches
Excess for cor. period, 1SU8 0.1 Inch
Ilrporl from Station nt H p. in.
M f M
STATIONS AND STATS
OF WEATHtJR,
S3
f
r
e c
33
Omnhn. clear
North Plntte, clear
Salt Lake, partly cloudy.
Cheyenne, clear
Rapid City, clear ,
Huron, clear ,
Wllllston, clear ,,,
Chicago, clear ..
St. Louis, clear
St. Paul, partly -cloudy .
Davenport, clear
Helena, partly cloudy ...
Kansas City, clenr
llnvre, partly cloudy
Bismarck, clear ,,
Galveston, mining
CO 021 .00
62 62 .00
68 70 .00
54 54 .0)
66 70 .00
CI 6 .t'O
66 76 .OJ
51 51 T
58 61 ,00
60 60 . 00
68 62 .00
66 6S .00
60 66 T
61 68 .0)
72 7( .CO
68 74 .02
T indicates trace of precipitation.
L. A. WELSH.
Local Forecast Official.
Burlington Station,
afternoon.
Burllnaton Station,
10th and Mason Sts.
Tel. 12B.
1
3
Dr. McGrew
is treating
Hundreds of cases and many
art cura d in one month for
only $5.00.
This Is nn opportunity seldom offered nnd
Is made for only a short time. With this
generous offer even the poorest may obtiln
a permunent cure at tho small charge of onlv
$3.00. QUICK CPIIKS AT SMALL COST
Is tho doctors method
DR. McGREW
Is known throughout the west ns ono of
the MOST SKILLED and SUCCESSFUL
SPECIALISTS In the treatment of nil forms
of
Dlseasos and Disorders of Men Only.
His REMARKABLE SUCCESS In this lino
of practice hus never been equalled,
Dr. McGrew has one of ihe
most complete systems of
combined Medical & Electric
treatments that can be found In tho west.
ELECTRIC BELTS, ELECTRIC APPLI
ANCES of all kinds.
His treatment Is regarded no nn absolute
nnd permanent cure for
Varicocele. Stricture, Myplilln nml nit
lllen Men of the lllood mill NUIn, l,on
of Vlitor nml Vitality, lllinc iintl
DlNordcr of the lllnililer nml Kidney,
Wcnkncs nml Xervon llehlllty.
-5 year of unlimited experience
14 yenrn In Omnhn.
citiu:s nr.vnATKi3i.
IIO.MP. THICATMF.XT.
Book, consultation nnd examination free.
Hours 8 n. m. to B; 7 to 9 p. m. Sunday
9 to 12.
Dr. McGrew
P. t). Box TIKI. Ottlue N. H. Cor. I ltd
nml Piiriium Stm OMAHA, Mill,
HUPEIIH TRAINS KOH.
CHICAGO
LEAVES AT 12:10, NOO., AND 7lUS 1. K.
New Short Line to
Minneapolis and St. Paul
Lenv at 7 a, in. nnd 7i33 p. m.
TICKICT8 AT 1403 PAHNAH STREET.
"Tbo N.w Offloa."
Wkea otittrs tall coaiuTt
DOCTOR
5EARLE5 &
SEARLES
OMAHA.
IMS CUM!' &
PRIVATE DISEASES
0P MEN
SPECIALIST
We guarantee to curu ull cuses curablo of
WEAK MEN SYPHILIS
SEXUALLY. Cured for Life.
Night Emlssluns, Iost Manhood, Hydrocele,
Verlcocole, Gonorrhoea, (licet, Syphilis
Stricture, Pile., PUtula and Rectal Ulcers
and nit
Private l)lene unit DUoriler of Men
Stricture unit (ileut Cureil lit Hume.
Consultntton Pree. Cnll'on or address
l)lt. SI! All I, ICS .V: NUAItl.HS,
110 Houth 11th bt. OM,YIJ.
FRAIL
WOMEN
A. well as men can
find no tonic in
l...iil.r..i .
i.cmiiiiiui ai h imrc Deer, i
o nmu jou en me pule
kind.
Krug
Cabinet
Bottled
Beer
li hermetically seated
thftl hnlforl iirhlM. i ....
It tn tu. f rn trxni -,....1.. . t .
tlal for frail prople. Orle7al trial " Ye!
FRED KRUa BR0WIN0 CO
aHAUA' NEBRASKA.
Phone 420.
m
THE
MIME OF
SWIFT
Gn Lird, on Ham, on
Bacon Is a gtiwtnfi
I of purify.
Swift and Company,
Chicago, KanitaB City, Oinuliu,
St, Louis, St Joseph, St. Paul,
HOVVKI.L'S
llltM tho pot A
Anti-Kawf
trial will convlnco
the most Kkcptlcal
of ItH superior
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mm
mm
1