,and detennlae. U Rive Judgment establloh
tlng tbe relators right without Itaulng
iQompuUory proem to the respondent,
jrhetber he "be, th thief magistrate or soma
thr Tijabt of the executive department.
'Jhv.a seem to be no good reason (or bold
ag that on a member ot co-ordinate
branch ot the government should be ex
empt from Judicial control and the other
subject to It. Th principle of exemption
Trrom mandamus la grounded on a distinct
constitutional inhibition and doei not at all
depend upon official rank.
"Our own decision make no distinction
between the governor and. the other officer
ef the executive department; whether the
writ should be treated or refused has been
Bdlde in every case to depend upon the
character of the acting question and not
upon the office of the respondent, 'The ar
gument that the judlclarv in Issuing a man
damus against a member of the executive
branch of the government la thereby In
directly and In violation ot the constitu
tion, exercising a power belonging to the
executive department, baa never appealed
convincingly to this court. In numerous
eases the writ hss gone against the auditor,
and the right t isaue It to any officer ot
the executive department, including, th
governor, la so thoroughly established by
repeated decision that tha 'question can be
Bo longer regarded a open for discussion.
a Tlsse to End It, '. i L
AI1 ' Judicial controversies- must end
ometlme and this one aepma to have run
Its course. It must be admitted that, ac
cording to the clear weight of 'authority.
She chief executive oaanot ander any cir
cumstance be controlled, by the writ of
mandamus, buf In this state and In some
other Jurisdictions f different rule prevails.
The doctrine of thl .court Is- that when a
law ttf positive, term, enjoin upon the
governor or any other Of. th executive de
partment a mere ministerial duty. leaving
o choice or discretion in regard to the
matter no Judgment- le exercise as to
whether be will or. will not .act the writ
of mandamus may Issue and its' issuance
le an appropriate exercise of Judicial power.
"la the State ' against Thayer (U Ne
braska; (2) a mandamus .was laaued against
the governor And other executive officer,
constituting the Bute Board ot Canvassers,
commanding them: to eanvase the votea cast
for th relator as a candidate for Judge ot
the 81gth Judicial district. .
"It.eeeros to be conceded that the re
lator a sufficient trt in the per
(formaoet.ot the- psrtlcular duty enjoined by
the statute to entitle hint to maintain this
proceeding If the court- baa Jurisdiction to
" maintain. it. And it ia evident that the re
fusal of the governor to discharge the duty
f sppolnttog: lira and police commissioners
for Omaha was not .influenced in any degree
by the character or quality of tb act which
th law In imperative term directs him to
perform. In other words, the position taken
by th respondent la not defended on the
ground that the appointment ot commis
sioner would not be the performance of a
ministerial , duty. Th defense rest upon
broader' grounds. It ia that there la no
authority in the court to coerce the gov
rnor In any case or under any clrcum-
staaoee to axereisa an executive power,
('The 4nelulon -to which we are com
pelled by our own decisions I that we have
not only Jurisdiction to decide th cootro
?ersyk but authority, to issue the peremptory
writ to nfore our decision. Whether the
peremptory writ should actually Issue in a
- case--of tatskind -I a question of great
delicacy and on which we do not bar
decide. ' ''.tV'
Judgment la Fleal.
"The second proposition . discussed by
counsel wa decided In the . Kennedy case
and waa, wa think.' decldsd" rightly. 'The
doctrine of re Judicata la thai a question
once determined by a Judgment on the mer
it ia forever settled, eo far a the litigant
and those In privity .with them are cou-;
earned. Th question decided 1,' while the
decision stands, a .sealed and closed ques
tion, the flnal..' Judgment, centence or de
cree, fixing the rights of the parties, end
th controversy and la in any future litiga
tion conclusive evidence ot those rights.
Counsel for tbV relator concede the general
rule aa to th conoluatveneis of Judgments,
but insist that t-b no application to a
case la which a sovereign state is seeking
to enforce obedience to Us laws. In other
words, counsel eontend that th state,
tng vested with absolute power to govern
society, and barm:- supreme authority to
make and administer laws, I not bound by
an adverse adjudication in a matter per
taining to Ita sovereignty. The fundamental
conception ot a Judgment la a Judicial de
Melon binding upon all the parties to the
controversy. A defined, by our own stat
utes. It 'Is the final determination ot the
rights ot the parties in an ' action.' By
this ststute the state ha declared the legal
effect and consequence of a Judgment; It
haa aald that, aa between the parties,' th'
Judgment ehall end the controversy and end
It forever. The atate In the cxerclae of Ha
governmental functions i not obliged to In
yoke .the aid of the eurt In any ease, but
when It. dees ao -It assume th character
of aa ordinary auitor and la bound by aelf
. imposed restralata; It elalm no advantage
over It adversary, and, though on I a
aoverelga and the other a citizen, they
ataad equal before the law. This I a Just
principle and In it we see no serious danger
to the public weal. It waa recognised and
enforced In England without Judicial d!
' aeqt a far. back aa th duchess of King,
atones case. And la the highest court ot
th la- country it la early held by unanimous
opinion ot the Judgea that the government
Catarrh
.Ths bast author! tie say, 1 disease
of ths blood. . j
Therefore local application! cannot
cure.
Being a constitutional disease U
requires s -constitutional remedy
Ilootl't Sariftparill.
. By thoroughly purifying ths blood,
this great medicine reduces jthe In
flarnraktion of the mucous membrane
gud stops ail catarrhal discharges ot
" the nose, throat, stomach, bowels,
bladder and generative organs.
atarrh Is 'especially dangerous In
perrons wjho Inherit or have acquired
a predisposition to consumption.,
Jn these and all other catarrhal cases,'
llood's Smaparllla so thoroughly ren
ovate the blood and restore strength
and tigw that It permanently cures.
Ia tact, because of the character ot
the disease, and the peculiar merit of
the remedy, Hood's 8arttparilla is the
codutoa-seose, treatment for catarrh,
v" J was a iafferer from nasal catarrh, grad
ually growing wore. I began taking
Hood's 'SaraaparlU which completely
cr1 n ot that troublesome disease,
MV Doav, 1I1J Arrow Are, Indiana polls,
lad. ' Be sure te gel
s Hood's
Sdrsaparilla
It U sold ererywhere. Prepared by
C. I. UQOD CO., Lowell, Una.
waa conclusively botjnd by a decision; ren
dered against It In Ita sovereign character.
When a state bring an. action Jor the en
forcement of Ite criminal or revenue law
It acts, of course, to lu. governmental ca
pacity, but it 1 bound nevertheless uy an
adverse decision. The q:t"Ton decided can
not be again litigated between tbe same
parties, either In a criminal or civil case."
Bar to Aas- Other gait.
In closing the court y: .
"The right of the slats to oust, tbe pres
ent member of the Board of Fire and Fo
lic Commissioner of the city of Omaha
ha been once trie and determined; and
under existing conditions the Judgment ren
dered ia an effective bar to any other suit
for the same purpose; ' The right of the
mayor'a appointees to hold' office wa th
thing adjudged In the State against Moore,
and It la the only thing to W adjudged In
this action. The decision Jn the Moore
case Is not law, but for th purpose ot
this litigation it stands In place of tbe law.
The governor may appoint, but in the face
of a' plea ot rea Judicata we cannot put hi
appolnteee In possession of the offices. Tbe
court Is held In bondage by Its own error.
Stat pro aatlone voluntas Is the rule of de
cision In thl case." '
Judge Sedgwick appended thte: "I con
cur in the conclusion that this court has
Jurisdiction of 'the action, but do not ex
press any opinion aa to the question ot re
adjudicate."
Judge Holcomb, concurring, aald: "I con
cur In the point stated In the sixth para
graph of th syllabus and what is aald In
th opinion with respect thereto. - Further
then that I express no opinion on the sub
ject of the Jurisdiction and authority of the
eourt to coerce by mandamua the chief ex
ecutive of tbe ttate. On th question of
th doctrine of res Judicata, aa held and
applied in this ease, I concur In all that la
said and decided In tbe opinion."
History of the Commission.
The original law creating the police com
mission was enacted In 1887 and vestel
th appointment of the commission In the
governor. Tbe reason for It enactment
waa that It wa thought it would take the
fir and police departments out. of poll
tic,' but sad experience ha shown that It
hss had rather the opposite result and
that the commission and the departments
under It control have been a foot ball ot
politic almost contlnbusly until ' th supreme-court,
three yeara ago, ruled that
the government of the fire and police de
partment belonged to tbe municipality un
der the principle of municipal home rule.
The first fire and police commission law
waa subject te a test case, resulting In a
decision In tbe supreme court In favor' of
the appointee of Oovernor Thayer, who
wa then In the executive chair. Subse
quently, when' Oovernor Boyd, th only
democratie governor of Nebraska, under
took to make appolntmenta to the police
commission, out of the regular time, the
supreme court held good the clalma of the
men appointed by the de faoto -governor.
Tbe republican legislature In .1895, to clip
the power of the populist governor, Oov
ernor. Holcomb, changed the law to vest
the appointment of police commissioner
In an appointing board, consisting of two
republican state officials In addition to the
governor, and making tbe governor only a
powerless1 minority. Thl law waa upheld
by the court after contentuou litigation.
But simply to the. extent . of deciding be-
(weed two et of appointees, each claim
ing the office under a statute which de
drived' tbe people of Omaha of any voice
In the appointment.
Hon Rale Finally- Established.
. When . ths. p&pnllat, leglalature of 18ST
repealed this laV anfl. sought to rcstor
the appointing powr;c ths governor, a
similar eontest was started before th au
preme court, but th -court refused to en
tertain, th ease, because, the plaintiff was
not in position to raise the point of con
stltutlonallty, inasmuch, as '.he .was claim
ing, under a law Violating the horn rul
principle, precisely tbe 'same, as the one
be wa attacking. Finally,; acting on tbe
"orr of tbe law laid down by Judge
Scott, Q a ease brought before him In the
district court, tbe present board of fire and
pollc commissioner of Omaha, was created
and Appointed by the mayor and council
In 1881 and another test case brought, ore.
sentlng the ease of municipal borne rule
squarely. This case, known aa the State
againat Moores, resulted in a decision ufl
holding the right of the city to munlelnal
home rule In the matter" of ' appointments
of fire and police commissioners, aa agalntt
the intervention of rthe legislature or the
governor exercising 'appointive power con
ferred on him by the leglalature. When
tho personnel of the supreme eourt changed
two year ago the hope that thla would
ebango th Judgment of the court waa uad
to Induce. Oovernor Poynter to name a new
set- of Commissioner, under the law al-
iojr oeciarea voia, wno endavore1 to
recure possession by presenting their
ciatma once more to the -supreme court
in inn case, Known aa the State against
Kennedy, tbe court ' again ' confirmed th
tinea or tbe present commissioners, ap
pointed by the mayor and council, and de
Clared that their right to hold under tho
rormer judgment--could not b disturbed.
toaajlaalas; r Let eat Case.
During the spring of 1W1-charges were
niea againat John Redell. then chief of rh
umatsa nre department, and the board ore
psrea to Dring bint before It. for trial. Re.
dell entered th district eourt and secured
an injunction, baaed on the contention that
tne Doard. being a Creation of the' rnunrii
had no authority to appoint or remove any
memper or tne nre or police departments.
This matter waa taken to tbe supreme
court, the case being known aa Redell
againat Moorea, and an opinion waa banded
down on December-1801, which under
took to overturn the dsolslon in -the case
of ths State against Moores and revive the
legislative act. vesting the appointment of
tne omah nre and police board In the gov
ernor. The opinion waa written by Com
missioner Alberta and wag concurred In by
jnetlcee aulllvaa and Holcomb. Chief Jus
tie Norval dissented, holding to hla views
already expressed In the case of the Stat
gainst Moore. Under thto decision appli
cation tor a writ ot .mandamua t compel
tbe governor te appoint a board waa made
by C. C. Wright aa relator. . The Alberts-
opinion confirmed tbe right of the commis
sioner to control th department under
lu authority and denying the contention
act up in the Redell application tor Injunc
tion, w. r. Ourley and- Frank- IT.' Ransom
were associates .nb Mr-Wright la the
presentation at thcs -.-r-.. i.-
rilea Cased Wlr th Katra, -
Itching, bllad.i Weeding or -1 protruding
piles. No cure.- no pay . All druggists are
authorised by the manufacturer of Pas
Ointment to refund money where It tall
le cur asr caae of pile, a matter ot bow
Uag steading. Cures ordinary caaea In ala
fays; the worst cases la fourteen dare. One
i.ppl'.cattoa gives ease sad reeu Rallevaa
.Using Instaaily. This Is a new discovery
spd la tbe only pile remedy1 sold oa a poal.
tlv guarantee, no cure no pay. Price .60,
If your druxglet doa't keep It la stock sead
u ?Qo la stamps sad w will forward asms
by mall. Manufactured, by Pari Jiadlcln
Co., it. Lpuia, Me,., who also manufacture
the calthraled cold cure, ,?Laxtiv, Broo)
Quisle Tablet. .'..,.-...-. ,
Osaver Maa Oee t Philadelphia.
PHILADELPHIA. May n.-Information
waa rectlvsd here today (hat John T. Alt
berger hue b n appelated uperlnten1nt
of ths mill dnuuJ ot the testsrn I'nlon
Telegraph rompsny..' with hadciuartra In
this citjr. Mr. Altberger has- bean numsger
cf ths fVnver. Cio., cfTlce of th company.
He rpUi WllUsW B. GUI, who recently
THE OMAHA DAILY BEE: THtTnSDAY,
DIETRICn FLAYS PATTERSON
Hebraskan Accuses Colorado Man of At- I
tempting to Defame the Army.
LATTER SCORNFULLY DENIES CHARGE
Pattsrsoa Thea Teats His Wrath oa
Lodge, Ssylns He Has Menaced
Corporal O'Brlea Thrnosh.
oat HI Hearing,
WASHINGTON, May 21. The hearing of
Corporal O'Brien before the senate com
mittee on the Philippine was enlivened to
day by a very acrimonious controversy be
tween Senators Dletrcb of Nebraska and
Tatterson of Colorado. The discussion waa
precipitated when Senator Dietrich asserted
that Senator Patterson had done every
thing he could to injure the army without
doing anything to protect or preserve Us
good name. Tbla brought a prompt re
Joinder from the Colorado aenator. In whlcb
he sharply and angrily denied th Imputa
tion. ,
Corporal O'Brien, formerly of th
Twenty-sixth volunteer infantry, produced
tbe alleged "dum-dum" or explosive bul
let. He aald they were not like ,the or
dinary bullets, because they did not have
the letter "U" on them. . .
General Croxer. chief of ordnance, waa
called and testified that the cartridges
were the same site as tbe regulation Krag
Jorgensen. He explained that aometlmea
the action of the bulleta produced aerloua
wounds.
General Crozier, chief ot ordnance, wa
produced by Mr. O'Brien were not different
from the ordinary regulation cartridges.
Asked itlhey were "dum-dum" or explosive
bullets, the witness replied in the negative.
"They are ' perfectly normal bullets," be
said.
O'Brien waa recalled and questioned con
cerning certain feature of his previous
testimony.
O'Brien was then questioned by Senator
Beverldge, who required tbe witness to go
Into minute detalla respecting his cbarge
that a number ot American offlcera had
violated the person of a Spanish woman at
the time the town of Igabara waa burned.
Four Men ia the Affair.
Tbe witness' aald that in addition to
her husband, there were several aervanta
residing In the house with thla woman.
He aald also that ahe lived in a house op
posite the convent, where the troops were I
tatloned. that he had first heard of the
woman in the eaae, because of the talk of
her exceptional beauty, but that he could
not remember whether the husband, when
he told him of the crime that had been
corneal t ted. had given tbe name of any f-
fleers connected with It. The man had
atate1 hnwvr that thr (,.,. fi, ,
them engaged In the affair. Questions by
tbe aenator brought out the fact that there
were just four American offlcera
in tbe
town of Igabaraa.
"Conaequently," aald the aenator. "if the
statements made by the woman's husband
are true, these four men are guilty ot the
crime charged
The witness assented to this Inference.
He related that some of tbe privates had
told him tit their r1aHnna with th wnmin
He did not remember the namea of these
men. but be gave tbe name of two private
aa being thoae whom he thought had told
him the story. Thla he did only after a
v.-. v, ,
) wis ueaa vi uiwiwrnivu ai; inccu UlUllDii UU
Senator Btrreridge' and among the different
members Of the committee.
- r-eiw i. x.w.j
.- Conflict is Started.,
" When the namea had been given Senator
Patterson protested, saying that to compel
the witness to mention them under the
circumstances and in view of hla protest
a grave Injustice to the men whose
names had thue been dragged in.
Senator Lodge retorted that be believed
that Instead of doing an injustice the com-
mlttee was on the road to doing justice.
Tbla atatement caused Senator Patterson to
say with 'evident appearance of warmth that
tbe attitude of Senator Lodge had been
that of menace toward the witness . ever
Inc bs had taken the atand.
"My attitude," responded Senator Lodge,
"haa not been any more that of menace of
the witness than your attitude baa been
that of defense of him."
Mr. Patterson: "I deny tbe imputation."
Mr. Lodge: "And I deny that I have In
any way attempted to menace tbe wltnesa.
' Dietrich Flays Patterson.
. Senator Dietrich charged Senator Patter
son with having done all that be could' to
Injure th army and with having done noth
ing to protect and preserve its good name.
Mr. Patterson resented thla atatement
aharply and angrily.
"Tbe aenator from ,lbraska," he' said.
"should be ashamed of himself. He knows
that th truth U exactly contrary with
what he haa atated and that what he baa
said le positively untrue."
have aald la true and I repeat that th
senator'a effort have been t bring out
everything be could againat ths army."
Senator Patteraon: "The aenator abould
be ashamed to make such a atatement. No
man la more anxloua than I am to present
the army In aa true a light and develop
whatever good may be aald ot It. I have
not hesitated in my course in that respect.
Dene a Patterson to Prert It.
Replying, Senator Dietrich aald he defied
the Colorado aenator to prove the truth of
hla -remark, to which- Mr. Patterson re-
piled that tbe minority had made an honest!
and faithful effort to get at tbe facta and
that he waa convinced the present inten
tion waa to. divert It from that course. In
thla connection be declared that no gentle
man would mak such a statement as bad
been made.
Senator Dietrich closed this phaae of the
controversy by saying that a gentleman
engagaq in ucn an inquiry sue a aa iu
wpuiu n 7 iv v "'"- -
i . v.. i ... tut . i .v. .
tereat of tne army otner man mauer oi a
contrary character.
Vale of Cabaa Imports.
... .
WAitlinuiun, Bay si. a siaisment
nrsnarad bv ths insular division of ths War
department snow me wiai va.ue oi
cnanais imported ny tne isiana oi ""s
during tbe nine months ended Marcn St.
BLUE MONDAY."
$e la (or It Aay Mere.
How good food put a minister en bis
feet again is an Interesting stofy. He
saya, "A little more thaa a year ago I com
menced tbe uae ef Orape-Nuta Breakfast
Food. At that Urn I had been suffering
from dyspepsia for about five yeara. I bad
tried all th remedies my friend told m
about but with no permanent relief.
"My Sabbath dutlea at that tlm nearly
prostrated ms and the following .day I waa
ot 00 ua to myself or to anyone else.
"After beginning the food a change began
to take place and gradually tbe dyspepsia
and disturbance left me. Now I have sained
-.,,4. - , -a. a.R
.-..M.. th.i I ..,r.- . 1- ,m
"I An de twice tbe amount ot work with
ess, am well all of the time, and naturally
sing the praise ot th delicious food that
baa put ms right. I ana perfectly willing
to hav my nam appear aa endorsing your
icsllent food for I know from personal
experience of Its value," L. R. Danfortb,
Pastor of tbe first M. E. Church. Haverhill
1902, wat4!.67S.4s. against t48.8A8,95 for
the corresponding period ot Wl. These
figures show an Increase of t per cent In the
Imports and a decrease of 18 per cent In the
exports. The value of merchandise com
ing from the t'nited States for the nine
months ended March 11. 1902. wa 821,221..
825, a alight increase .over th correspond
ing period of 1901. while the exports for
1902 amounted to 822,15j.SSO. a decrease of
about 8t.500.000, the greater portion of the
loss being due to the. falling off In the
eugar trade. .
OMNIBUS BILL GOES THROUGH
Measure Appropriates Total of Over
Twenty-One Millions for
Pa bile BatMlafts.
WASHINGTON, May 21. Tbe omnlbu
public building bill, after being amended
today so as to give Atburquerque, N. M., a
815,000 appropriation, passed the senate,
carrying an' aggregate 'expenditure of 821,
236,150. Before the senate resumed consideration
of the Philippine bill' today It adopied a
resolution congratulating- the republic ot
Cuba on It entry Into the family ot Inde
pendent nations and the secretary cf tat4
was directed to transmit the reailuticn to
the president of the new republic. The sen
ate also ordered the Associated frest ac
count of the ' ceremonies ' of the transfer
from the United Statea to ths Cuban au
thorities printed In the Congressional Rec
ord, and as a public document.
Mr. Wellington of Maryland opposed tbe
pending Philippine measure and said the
action of the United States in the Philip
pines wa a Indefensible aa the attack of
the hordes of hell upon God. He declared
that above the army and the War depart
ment and the president were the American
people, and In his. Judgment, they were re
sponsible for. the condition of affairs In
the Philippines, because they had placed the
dollar above tbe man.
Mr. Wellington criticised the administra
tion for refusing to aend General Mile
to the Philippine In an endeavor to end
the war; also th Intention to release Miles.
He said it ( was evident the War depart
ment preferred Chaffee, Smith add Bell.
Mr. Bacon of Georgia again denounced
the concentration policy puraued In tbe
Philippines. , He indicated that If loallng
republican senators would declare It to be
their purpose to give the Filipino a free
government the minority would not quarrel
about tbe time when the government waa
to be established.
Soon after, the senate convened today a
communication from the aecretary of ttate
presented announcing the unveiling of
the etatute -- of Marshal Rochambeau of
France In Washington on Saturday, Ma7 24,
On motion of Mr. McCullom of Illinois
the aenate decided that when It adjourna on
Friday, May 23, it be until the following
I Monday. In order, he said, that the aenate
might attend the ceremonies.
I
WELLINGTON AS A CRITIC
Marylaad Senator Thinks Geaeral
Miles Should Be tent to
. Phlllpplaes.
WASHINGTON,' May 21. Curing the de
bate on the Philippine bill today Mr. Wel
lington crittciaed the administration for re
fusing to send' General Miles to tbe Philip
plne" ,n " "e' ' wr; aiao
the Intention, to release Mile. He said it
wa" evllent tnV War department preferred
Chaffee..; Smith and BelJ. He' aald the
American people) who "have preferred the
I . 7 - ,
,0"T h?J man", were responsibly for
line present rninppme policy.
I ' Soon after2 the senate convened today a
communication1' tota tht' aecretary of atate
I was presented announcing the unveiling ot
the statue of Marshal Rochambeau of
France in Washington op Saturday, May 24.
On motion of Mr. Cullom of Illinois
the senate decided that' when It adjourna on
Friday, May 28. it be until -the following
Mondayi In order, be aald, that the aenate
I might attend the ceremonies.
Mr. Falfbaaka of Indiana Called atten
tlon to what bad transpired yesterday lb
the island of Cuba. There never had been
an act of aueb aplendld significance, where
a republic bad been erected under th
auspices of the United Statea. A report ot
tbe historic incident waa found In the
dlspatchea of tbe Associated Press. Tbe
report waa temperate and graphlo and he
believed ought to be incorporated in the
record ot th senate. He asked that thla
dispatch be made a part of the records
ot the aenate, and also printed aa a aenate
document. This waa agreed to.
Mr. Hale ot Maine offered a resolution
declaring that f the aenate ot the- United
States view with satisfaction and express
congratulation at the appearance of the
Cuban republic, among the nations of th
world. Th resolution waa adopted.-
D. "W. Grove.
Thla nam must appear on vry box of
th genuine Laxative Bromo-Qulnlne Tab
let, th remedy that curea a cold ia on
day. 2S cent.
FORECAST OF THE WEATHER
Partly Cloady and Warsner Tharsday
and Fair Friday la Ne
braska. WASHINGTON, May 21. Forecast:
For Nebraska Partly cloudy and warmer
Thuraday; Friday fair.
For Iowa Shower Thursday, except fair
In northwestern portion; cooler In east por-
tlon; Friday fair:
For Mlaaourl Showera Thursday; cooler
In south portion; Friday fair.
For Kansas Showera and warmer Thura
day; Friday fair. '
For South Dakota Generally fair Thura
day and Friday.
Laeal Record.
OFFICE OF THE WEATHER BUREAU.
I OMAHA, May 2i.-Offlclal record of tern-
I avekfsi t taak m m Jk ars.ln( I ah Inn rnmna Mil was 1 1 ka
rr. ot th it hr.
i years:
i vev. ir'i. lwii lx-fl.
I w.i . a tj k
Mlnimum tempWature.... so 62 m 47
I Mean temperature........ 72 62 eg St
i rrecipiiauan .w ,u
I Record of temperature and precipitation
I Omaha for this dsy and aides March 1,
i mox;
I Normal temoerature
I Total excess since March j.........:..":"ttt
Normal precipitation, , 14 Inch
Exceaa for th AtyJ .21 inch
Total rainfall since March 1 1 SO Inches
neftrlenrv lnra March I J W Inch
Denclencv for cor. period 1901.... 2. 28 Inches
Deficiency for cor. period 19U0 69 Inch
Repasts fresa Stations at T P. at,
0
r
s
CONDITION OF THS
WEATHER.
0
!1
Omaha, cloudy.....'..;
a .21
721 .0(1
valentine, cloudy
North Piatt, r, rt rloudy....
.00
Cheyenne, ele-er
Ml
Bait ik City, part couay.
SO
I Huron, elouav..
n-pia pan Clpuay..
70
7
,t0
.14
fly..
Inn,
V II lstoo, cloudy.........
7
.)
Chlcaao. cloudy.
78
3I
21
.10
m. i.ouis, part clouay..,
8L Paul, cloudy.....
Dav-inport. cloudy
Kansas City, rslnlns...
4! .U
Havre, raining
l
1
Helena, raining.....
Bismarck, cle-r
Galveatoo. part cloudy.
"g a
T Indicates trees, f precipitation
j K A. WEI..H.
' Aocal Forecast O UL
MAY 22, 1002.
VOLCANO -RESUMES ACTIVITY
Indications Point to Second Eruption ot
Terrible Mount Pelee.
FORT DE FRANCE IS PANIC STRICKEN
People la Other laiaaos of the West
Indlaa Groap Besjta to Take
.Alarm aaal Fear Impending-
Catastrophe. '
T. THOMAS, D. W. I., May 21. It has
been reported from St. Kltts, In the Lee
ward islands, that on Monday night and
Tuesday morning nolsea similar to those
heard Way 8 were again heard, but louder.
The earth was slightly shaken by the con
cussion. From the British Island. of An
tigua and the French Island of Guadeloupe
loud detonatlone from the eoutheast are
reported.
Another report which haa reached here
from tho British island ot Dominica Is to
the effect that at 6:20 o'clock Tuesday an
awe-inspiring, fiery cloud surmounted by
a fleecy white cap, resembling polished
silver, waa aeen from Roaeau (on the weet
coaet of Dominica), in the aoutb. Th
tight caused alarm In Dominica, especially
a lightning followed In the wak of th
cloud.
CA8T1NE, leland of St.. Lucia. May 21
Report received her today confirm the
dlspatchea announcing that a panic pre
vailed at Fore de France. Martinique, yes
terday. The town was covered with ashes,
ttonea were falling and a tidal wave added
to tbe terror of the population, which waa
flying to the hlllis Three hundred refugee
have Just arrived here and thouaanda bav
embarked for (the neighboring lslanda.
Volcano Aarala la Aetloa.
PARIS, May 21.7-Oovernor 1'Huerre of
tbe Island of Martinique, in a cable dispatch
from Fort da France, dated Tuesday, May
20, confirms the Associated Press dispatches
of yesterday, saying that 'at 5:16 . o'clock
yesterday morning the same phenomena
appeared aa on th morning of May 8 a
rain of atonea, flashes of light and aounda
ot explosions in the direction of Mount
Pelee. Th population of Fort de Franc
waa panlc-atrlcken.
Later dlspatchea, under yeaterday'a date.
Say that tire waa falling at Le Carbet and
that tbe inbabltanta and troops had evacu
ated the place. No further fatalities had
occurred. -
The dispatches received here also refer
to the departure of Governor 1'Huerre, ac
companied by Senator Knight, president ot
the legislature of Martinique, yesterday
morning, on the French cruleer. Suchet, to
reconnoitre In the direction of the volcano.
The officials of the ministry of the
colonlea were much disturbed by this morn
ing's dlspatchea from Fort de France.
They thought the worst waa over, but the
cable messages eeem to indicate . that
another catastrophe ia impending.
No confirmation bad been received here
of the dlspatchea reporting that Fort de
France la being evacuated.
Sarvtvor Tells Story of Disaster.
NEW YORK. May 21. Tbe steamer
Korona baa arrived from Fort de France,
Martinique, having on board two survivors
of the, steamer 'Roralma. lost in th St.
Pierre disaster. These are Ellery Scott,
chief officer, and Charles Thompaoa (col
ored), assistant purser. .
"On the way up," aald Captain John W.
Carey ot Korona, "Scott told me the story,
of their terrible experience. ' He aald Ro
ralma got into the harbor about 6:30 . m.
on the 8th.. Whcn the catastrophe oc
curred a terrible explosion came from the
mountain. In an Instant It began to rain
fire and mud over the harbor. A great
river of burning lava rushed down the
mountain aide and plunged into the bay. It
ehoved back the water out of tbe harbor
and simply burled the ship over oa It lde.
Captain Muggah waa on the bridge at the
time. . '
"With the rush of water tbe ship's decks
were swept clean. All ita superstructure
masta, funnel, boats and upper worka were
torn away and went overboard. Scott,
aeeing Captain Muggah awept away with
the wreck of the bridge, leaped from th
forecastle bead and tried to run aft through
the ateerage. The crew, panic-stricken,
dashed him to the deck and trampled him
under their feet In their mad flight, and
but tor tbe action of two ot tbe steerage
passengers, colored men from St. Kltts, he
would have perished with the othera, who
were burned to death by tbe lava, which
poured in on tne vessel a decks. These
men seised him and dragged blm into the
ateerage, where he atayed with them, and
by wrapping their heada in blankets suc
ceeded In escaping aerloua injury.
'Meanwhile Thompson, the assistant pur
r, wbo waa on deck when the Bret out
burst came, succeeded in reaching hla room
and closing th door, where he stayed- until
the worat ot the first shock waa over. An
open ventilator let the flamea reach him,
and be waa badly burned about the neck
and lost ons esr. When the first shock
had paaaed he managed to make hla way to
the ateerage, where be joined Scott and
the two St. Kltta men in aavlng the pas
aengera and member of th craw who were
till living. They gathered these In the
ateerage and all who were able Joined them
In fighting the flames back, and managed
to keep the fire confined to the after part
of tbe vessel until th French cruiser
Suchet came along and took them off."
Eraptloa Is Violent.
FORT DE FRANCE, Island of Martinique
May 21. YesterUay's eruption from Mount
Pole waa violent In tbe extreme. Colossal
column ot volcanic matter were ejected
from the volcano, which rained huge, red
hot boulders maay feet In diameter In tho
ruin of St. Pierre and the country, and
from aa enormous elevation and with tear
ful velocity. Tbe volcanic clouds advanced
te Fort de France.
Tbe spectacle was appalling and beyond
description. Tbe whole population of Fort
de France waa thrown into a freosy ot
mx7
n
-).J12J
BW-aMaSj
Oyspepsio (Suipq
Some people wonder why pepsin preparations don't
help their dyspepsia. They probably suffer because
they can't digest foods that pepsin does not affect.
The reason is, pepsin digests only nitrogenous foods,
while different substances are required to digest the
variety of other foods necessary for proper nourishment.
Kodol Dyspepsia Cure contains all the digestants, and
is capable of completely digesting every icind of food.
That is why it digests what yott eat and allows you to
eat all the variety you want; and' that is why it cures
indigestion, even after everything else has failed. As
it is the only preparation of the kind known, the de
- mand for it has become enormous. Its use affords in
stant. relief from all forms of stomach trouble.
It can't help but do you rjood
Prepared by E. O. DeWlit A Co., CUc&go. The X bottle 000 tains H t 10s taOcsta.
When you suffer from biliousness or constipation, tine tha famou little) liver
pUii known as D.Witt'. Uttl EARLY Rs3RS.Tt7 never rlp.
panic, during whlcb eoldlera, police, men
and women, all terrified, frantic, weeping
and praying, rushed through the atreet,,
while overhead the glowing, fiery clouds
rolled relentlessly and rained down atonea.
still hot, amid the wlrllng aabe,
Tbe steam launch of . the fnlted State
cruiser. Cincinnati", took om refugee to
the French cruiser, Suchet. and many per
sons sought refuge on th Clnclnnstl and
I'nlted States Special eteemer Potomac. At
10 o'clock the Potomac went to Investigate
mattera and all reporta agree that Lieu
tenant Benjamin B. McCormlck, the com
mander of the steamer, did great work. He
went m close to St. Pierre and found that
city had been bombarded with snormou
stones from the volcano and that th ruin
left Handing after the first great disaster
bad been nearly raxed. Millions ot ton ot
ashes then covered th ruined city.
UNVEILS THE SHAFT
(Continued from First Pge.)
drum, commonplace duties of each day as
tboee duties are."
Bacredaeas of Daty.
"Some of the effects on the day ot battle
1 to be found In tbe aggregate for the In
dividual performances of duty d-iring the
long months that have preceded the day of
battle and the way in which a nation will
arise to a great crisis 1 conditioned on th
way In which Ita clt liens have habituated
themselves to act In tbe ordinary affaire
of the national life. You cannot expect
that much will be done In the supreme
hour of peril by aoldlera who have not
fitted themselves to meet the need when
need comes and you cannot expect the high
est type of citizenship to be shown in the
periods when it is needed If that cltixen
ship haa not been trained by the faithful
performance of faithful duty.
Need Honest Kndeavor.
"What we need most In thla republic la
not special genius, la not unusual bril
liancy, but the honest and upright adher
ence on the part of the masa of the cltl
sens and of tbelr representatives to the
fundamental laws ot public and . private
morality which are now what they have
been during recorded history. And we
ehall aucceed or fall in making thla re
public what It should be mad I will go a
little further what it shall and will be
made, according' to th manner in which
we seriously and - resolutely set ooraelvea
to do the taak of citizenship, which consists
of doing tbe duties, private and publie.
which In the aggregate make it up."
(Great applause.)
Aa soon aa the president had concluded
the bead struck up "Tbe Star Spangled
Banner," tbe audience Joining in. The
benediction was said by Bishop Batteries
and "Nearer, My God, to Thee" waa ren
dered by tbe choir. Amid the most Im
pressive silence "taps" waa aounded and
the services were over.
DEATHRJECORD.
Edward Lawrence Godkln.
NEW YORK, May 21. Edward Lawrence
Godkln "died in Brlxbam, South Devon
shire, England, last night. The Imme
diate cause ot hla death waa a hemorrhage
from the brain, which occurred on Satur
day, the 17th. Mr. Godkln Buffered a simi
lar atroke two yeara ago, but recovered
sufficiently to go to England In 1901. He
spent laat winter at Torquay, and moved
to Brlxham on the- 2d of May. He waa
In hla 71st year. Mr. Godkln waa twice
married. His first wife ' waa Mlsa Foots
of New Haven, by whom be bad one son
and -one daughter, the latter dying In In
fancy, kia second wife (Mlsa Catherine
6ana of New York) aurvlvea him. Hla eon,
Lawrence Godkln, 'la a well known member
of the New York bar.
Frank A, White, Plattsmoath.
PLATTSMOUTH. Neb.. May 21. (Spe
cial.) Frank ,A. ' White, 28 yeara of age,
died at the home of hla parents, Mr. and
Mra. A. W. White, this morning after a
brief illness. Rev.. H. B. Burgess will
preach the funeral sermon In the St. James
Episcopal church Thuraday afternoon at
I o'clock and interment will be made In
Oak Hill cemetery. , ,
Allen Rerd, Marysvllle, Kaasas.
MARYSVILLE, Kan., May 21. Allen
Reed, aged 60, who was a member of tbe
Kansas legislature when - the celebrated
Pomerov exposure waa . made, died last
night of uraeralc poisoning. ; Mr. Reed
was a celebrated traveler, having made
three tours around the world. . .
Mrs, Catherine Crass, York.
YORK, Neb. May II. (Special.) The
funeral of Mra. Catherine Cross occurred
yesterday from tha residence of her daugh
ter, Mrs. L. D. Brakeman. Mra. Cross was
sn old resident of York snd highly re
apected by all. --
HYMENEAL
" Plsher-Mlkesell.
DAKOTA CITY, Neb.. May 21. (Special.)
Thuraday evening will occur the marriage
of Oliver W. Fisher and Miss Katie Mike
sell, two -popular young people of Dakota
precinct. The ceremony will be conducted
by Rev. 8. M. Lesher at the Salejp. Lutheran
church.
Delsney-Loreman.
YORK, Neb., May 21. (Special.) Michael
Delaney and Susan T. Loreman, both of
York, were married thla morning at the
Catholic church. Mr. Delaney la a farmer
living eoutheast of here.
Phatoarrapble Collection Stolen.
NEW YORK, May 11. A collection ot
photographs sent to Harvard university
By the German, emperor, and presented In
person by Prince Henry on the occasion
Of his recent visit to Harvard, la reported
to have been stolen. The collection was a
faithful reproduction of ths caat repre
sentative of ths Germanic, which ths em-
?eror Is having printed for presentation to
larvsrd. The collection waa removed
from the Fob Art museum. Entrance waa
gainsd by bresklng ths skylight.
Digests
what yon
Eat
WILL YOD ALLOW
A Relative or Friend to Pass into
tha Dark Valley Simply Bicausi .
ths Doctor Desires to Cling
to Medical Etiquette?
FAME'S CELERY
COHPOUIID
Is Daily Saving Precious Lives
After Pronounced Failures
of Physicians.
The months just past of the present year
have brought bereavement and dark clouda
of aorrow to many bomea In our land.
Fathers, mothers, sister, and brother have
been forever removed by the grim reaper.
death. The large majority ot auch could
have been saved had their friend given
them Palne'a Celery Compound, Instead of,
th worthless medicine the sick one were
forced to swallow.
In many families a too slavish obedience.
to medical dictation kept tbe true life aaver
from the alck and dying ones. Past record
of marvelous cure and victories wrought
by Paine' Celery Compound were Ignored
by medical men; In a word. It waa unpro
fessional In their estimation to introduce
the life giving Compound.
Ah! Remorse Is now doing It quiet but
effective work, and those most closely In
terested are Buffering for their- neglect.
Will you, dear reader, allow some dear
relative or friend to pass from life without
making an effort to aave the perishing one
by Palne'a Celery Compound? The virtues
and powers of Dr. Phelps' preacrtptlon are ,
wonderoualy far reaching and mighty.
Even though your friend have Buffered long .
and have come - to thatx point where the
physician Is helpless to save, even then,
there la a bleseed hope if Palne'a Celery
Compound Js uaed.
The desp'erate caaea cured la the past
and tbe number ot precious Urea saved, la
the bright, the living proof,, that Palne'a
Celery Compound make sick people well.
Ey
ST COTTON COtORS of DIAMOND
ES never crock or fade. Take no other.
A TASTE
IS A TEST
and the i Irat taste
of
1 Hunter
! 1 Baltimore
Rye
satisfies that It Is
the purest type of
the purest whiskey.
Perfectly matured
and mellow. 1 .'
For the physical
needs of women,
when recommend
ed, It Is the purest
tonlcal stimulant.
B0I1I at all rtlai eafM and by JabhMS,
WM. K-iU Sob. Balttmere, M4.
A SKIN OP BEAUTY IS A JOY FOIEVEt
D T. FELIX OOURAL'D S ORIENTAL
CREAM. OX MAGICAL BEAUT1FIEL
Removes Tan, Ptinplea.
Frscklee. Moth P-tonae, '
Rash aaa Bkia ata
as, aa every .
blemish oa beauty,
and . eeflaa sets
Uoa. It has stood
the test ot SS
year, aad Is as '
harmless w tests
It to be ear t
Is properly mad.
Aeeept ao counter.
felt sf elmlla -name.
Dr. A.
Sayre said to la
dy of the haut-toa '
(a mUwUi
As you Isdles will us them, I rscom- .
rnsr.4 faoURAUD'8 CREAM' as the lat
harmful of aa th Skin preparations. For
sals bv all Druggists and Fancy (Mods -Dialers"
In th U. 8 and Europe.
FEHD. T. HOPKINS. V rap's,
S7 Great Jones St. N. T.
AMISKMENTS.
l!iaco,$TrocadcrolTEONa
MATI.4fc.l3 iuoAi-100 sad SOa.
Entire Week, Including Saturday Evening.
TUXEDO DURLESQUERS
All new faces-New rogrsm Two shows
rtallv F.venlns prices, lvc, 20c, Sue Smoks
If you like. ONE DAY ONLY, Sunday Mat.
and Night, May X, Rosenthal's Amateurs
snd Profession-is snd the Madlaon Square
Cycle Whirl. Rosenthal In an original spe
cialty. JOHN RICHIE of South Omaha, the
champion 122-pound man of the world, and
MIKE BARTLET. the famous lightweight
Of Chicago, will glvs a TWENTY-ROUND
GLOVE CONTEST at 12J pounds Friday
svsnlng. May 23, under tbe auspices of the
Twln-C'lty Athletle Club, at Blum's Hall.
N street, on block from car line. South
Omaha. Admission, $1.00 and 12.00. Three
good preliminaries and battle royal One
of four rounda, one of alx rounds and one
of ten round, poors open at I o"clook.
Contest commences at I. Main eonteet.
:&,
BASE BALL
VINTON STREET PARK.
Denver vs. Omaha.
May 12.
Game called at Take South Omaha
Cars South.
HOTELS.
nnxri
r
-el v .
EMPIRE
j
Broadway
and 6Jd St.
N. Y. City.
Msasra
tSselaslTa
Accessible
fireproof
Maaerato Rates
Kits ilea I.Ssjsaty
Orchestral Concerts Every Evening.
Alt Cars rasa tbe Kaaplra.
Sand for descriptive Booklet.
W. JOHNSON QUISIJ. FTSprtaKe.
THE' MILLAR 0
13th aad DaaclaaSts,
OMAHA, blttt
FIRST CLA&- Ct'SINE.
IATNCHEON. FIFTY CENTS
U JO TO 1 P. M
SUNDAY-I SO P. M DINNER
Is s special Millard fsaturs.
1
J E. MARKED sV BOW, fropa.
C. H. Peeples. Msaarer. Y
A. B. PavsnporL rlntrj,al Clerk.
m
!)