THE OMAHA DAILY BEEt THURSDAY, JUNE 5, 1002.
4
uch bond ) filed In due time and la p
proved. Aprroval cf a bond In Such esse and
waiver of the forfflture tiy permitting the
principal to continue In and prrt the office
a eufTlelent consideration for the undertak
ing of additional sureties who mgn ener
nling but before approval for the purpose
af nrorurlnv inrh anrirnval and waiver.
A bond can be di llvered but once. If
after delivery It In altered by the addition
of further aurettea and attain delivered
there la In efTec t a delivery ot a new bond,
which will take effect aa auch from the
data of the last delivery.
Addition of further sureties upon the
bond after Its execution and delivery, with
out the content or knowledge of the orig
inal sureties thereon'. Is a material altera
tion thereof whloh will release such orig
inal auretlee.
A waiver Is an Intentional rellnquleh-IJ-nt
of known rights, and except In esse
tii waiver of forfeitures requires either con
sideration or the elements of estoppel.
May Itatlfr. Alteration.
A material alteration already made may
fe ratified, and adopted subsequently, and
in auch ca the Instrument aa altered will
be binding. ' '
It seems that auch ratification, does not
require a new consideration, but It must
be made Intentionally -with respect to the
aery alteration, relied on aa a defense.
Sureties upon. an bftlelal. bond, which has
been delivered but not yet approved, who
desire to have the bond approved and th
principal retained In hie office, may to that
end ratify and adopt generally all altera
tions which may be required for the pur
pose, and If they choose to dn S3 and ex
pressly agree to remain bound notwith
standing their knowledge of the exact con
dition cl the bond when they so agreed, be
comes Immaterial.
A writ In waiver of alteration of a bond
by addition of further sureties, eX'Cuted
by the original aureties thereon. Imported
on Ita face that the bind wns Incomplete
ana undelivered. It was In form a con
sent to the addition of any names that
mlKht be procured In th future, but also
contained a provision that the original
sureties "are n Id aa ir said name nan not
been added." Construing such waiver, held.
that whether additional sureties sign the
bond before or after Its execution of th
walver was Immaterial, alnce (1) If the
bond waa, aa the paper Indicated, incom
plete and undelivered the sureties might
.withdraw at any time, before It waa ac
cepted, whether there had been an altera
tion or not, and i2i the fair Interpretation
of the Instrument la that the sureties not
only agreed generally to the addition of
any further names that might be procured
until the bond was satisfactory to the state
and was approved, but also ratified and
adopted g. ncrallv any and all a teratlons by
addition of other names that hnd been
made at the time they executed auch
w a Iver.
Where the official bond of a state officer
baa been filed hut not approved and the
aureties on auch bond. In order to procure
Ita approval and prevent forfeiture of th
principal a office, ratify and adopt an alter
ation made by adding oth-r sureties after
delivery, there Is a consideration therefor.
If a consideration were to be hetd nec
sary, and the sureties remain bound.
A pleading drawn and filed by the at
torney general on behalf of the atate, hav
ing been Introduced In evidence aa an ad
mission, It la competent ior him to testify
to the theory of law upon which he drew
and. filed she . same, for the purpose of ex-
? raining it and depriving It of lbs apparent
ore. '. ,
Rooks and records kept by a state treas
urer and statements made ' by hfm and
filed In tha office of the -auditor are prima
facie evidence against the sureties, upon
bin official bond, They are not conclusive,
however, nor are- the sure-tie confined to
jmpeaehment of such books, records and
statements., but they may ahow the facts
a to when the defalcation occurred and
;the' afnouht thereof In any wary and by any
testimony by which any other fact may be
establlNhed. ' -
- In view of the several decisions In 'this
cse 'the sole remaining Issue la whether
4he defalcation of the principal In the bond
occurred during the last term or In whole
or in any part during hl first term of of
fice and if such defalcation occurred dur
ing hi last term the defendants are liable
therefor. ,'- . . ,
Part Ion- 41 1. the Opinion. . -, .
rIaitn course 'of Hhe opinion Judge Pond
ays': ' , ' '
Taking- tip the auae on' Its merits w
have first to consider the defense of the
tar) -aurettea who- nlgned last. Briefly re-
at tea. tnelr contention Is that the consid
eration of the bond was that the principal
be '.enabled to' anter upon hla ante and
receive the benefits thereof, that the of
ficial bond of the atate treasurer becomes
effective from the time when It Is filed with
th secretary of state and that as the bond
In ault had been so riled .for. several days
prior to tha- time when they signed t end
.was a c6miitete'ntf binding; obligation al
ready by virtu whereof, aa thia court ad
judged or) the second hearing, and the peti
tion alleges. Bartley was already In office,'
there was no consideration for their under
taking. Th bond of the state' treasurer la
governed by different rulea from that of a
county treasurer. In the latter case there
la a statutory warrant for demanding and
taking additional sureties at any time, but
In the case at bar a bond auch as is re
quired by the statute In every way, except
that It had not been approved, had been
executed and delivered already. There waa
a statutory bond which had been effective
for several daya and upon which the aure
tlee were holden, at least If the state chose
to dispense with the requirement that It be
approved. Const fluently we are disposed to
concede that under the evidence now be
fore ua the undertaking of the additional
sureties required a new consideration. This
must be so whether we admit that the
original bond required a consideration or
not. If the contention of eounael aa to the
consideration of the original bond were
correct It would certainly follow that the
undertaking of the additional sureties en
tered Into after delivery waa collateral and
would require a (urther consideration for
Ita support.
If you wish to be always satisfied, order
no other Champagne than Cook'i Imperial
Extra Dry. It has quality and purity.
Rheumatism
' What Is th ate of telling the rbenmetla
that b feels at If bit Joint were being dis
located T
He know that tils sufferings are very
much like the tortures of the rack.
What he want to know Is what will per
aaanentlj cure bis disease.
That, according to thousands of grateful
testimonials, is
Hood's Sarsaparllla
It promptly neutralises the acid In the
blood u which th disease depends, com
pletely eliminates it, and strenethens the
system against Its return. Try Hood's.
The
Trans
Missouri Limited
Omaha 8 p. m. Dally
Arriving at
' Chicago 7 a. tti.
5lplug Cars Ouly. '
ADDITIONAL CHICAGO
TRAINS DAILY.
ITY OFFICES:
03 Fartiam St
ii iiiiMau.i..i.i mi i
HEADING OFF-THE PACKERS
Sew York Suprsms Justice Grint Injunc
tion Against Weitern Concerns.
ORDER GOES INTO EFFECT AT ONCE
aprerae Co art of Missouri Take
Step to Force Swartschlld at Sls
berger to Comply wltk Stat
C'orporatlea Lane,
ALBANY, N. T., Jua 4. Supreme Jus
tice Cheater has granted an Injunction re
straining certain beef-packing companies
of the west from carrying on business In
this state In violation of the provisions of
the Donnelly anti-trust law. Th prder waa
served upon tba representative of th con
cern in this city and Troy today and will
be served on others throughout' the state
a quickly aa they can be reached. It waa
obtained upon the affidavit of D. W. Mere
dith, a former manager of Swift and Com
pany. '
The injunction la directed against Ar
mour A Co., Swift and Company, Cudaby
Packing company, Hammond company,
Scbwartischlld Sulxberger company, do
mestic and foreign corporations, and
against Nelson Morris, Edward Morris abd
Ira N. Morris, co-partners, carrying on
business as Nelson Morris A Co.. Their
managers and all persons acting for them
are restrained and enjoined from fixing
and determining, by combining together,
the price to be charged tor meat and from
agreeing among themselves, ss t the supply
of meat to be brought, lata I hi atate by
them and from acting upon anx understand
ing tending to diminish, such, supply, and
from fixing or maintaining price of their
and each other's product by agreement.
Cannot fix Prleea.
They are alao enjoined from acting under
any agreement whereby the price of labor
aball be affected, and competition therein
affected and also, from - maintaining uni
form rules for credit t,o dealers or fixing
uniform prices for cartage.
Attorney General Davis asked that the
Injunction be. mad permanent and Justice
Chester dlrectd-tnc U "epntjnue. tlntil th
other or further orders .'of tb' eourt. '
In his affldavK MaredUh set ;fwth that
bis, experience IS (bejm'eat business covers
a period of . ten -yailx.'wlUH,mouf 4
Co. and the remahtdefc with Bwltt add Com
pany. Continuing, the affidavit says:
"When I first wentio .work lor. Armour
ft Co. ther waa open aid keen Competition
between all the great packing Concerns of
the west until, IS93,. , which., time agree
ments were enteren(nfO aitf.. meetings held
between the representatives of said pack
ing house to arrange . price,, at which
their products could' be sold."... --
Th general' managers -of:, ther packing
houses met once week; somatiakes oftener,
he averred, to endeavor ' to reconcile any
difference existing between them and to
consider the price ' they were" 4o Impose
for tho ensuing, week. He recites In detail
how the weekly" meetings wera conducted
and th manner- ,lp. wjal$h, U; managers
apportioned territory .- among tie, several
packing bouses, so tha totapstMlon could
be reduced to a minimum.
Th attorney"1' general also submitted to
the: court copies of tin alleg 4 terotilt agree
ment and a carriage agreement, which
were identified, bj, Meredith s.,i)he onee In
effect when 'he worked tor 'Swift 'and fjom-
pany.
Not Affected by tne 'raert-'
' .NEW YORIf, June -4 Mr; Well, second
vieto president' of th Schwartblld; ft Sulz
berger company, said Tie nad)ust1earned in
an unofficial way of .the granting of the In
junction,' but he Insisted that it had not been
erred on any official of hi Company. Ha
declared that' the Injunction trduld not ef
fect the business ot th firm, a It had not
entered Into any combination to maintain
prices and there was no occasion to change
any of its methods of doing business.
"Our prices are fixed by the price we pay
the farmer,"; aald Mr. Well. . "We are not
in business for philanthropic purposes and
It we pay 3 cent mora tQ the farmer we
have to sell at, S, cents more. The high
prices will be maintained as long as the da
macd Is greater than the supply and the
farmers keep up their prices."
No other statement could be obtained,
Th local managers said that any action to
be taken in tha premises would be directed
by official In .Chicago ,
To Enforce State t,a.v.
JEFFERSON CITy! W, June 4. Th su
preme court this 'afternoon directed a writ
of ouster to Issue sgalnst the Schwartia
child ft Sulzberger company, and suspended
the sam otr condition that .th company
comply with - th state laws relating to
corporations within five daya.- The quea
tlon of fine was reierred until further or
ders of the court. '
The other "packer against whom similar
Information was filed war given until Jun
It to respond and fila return to -rule.
Attorneys Hagermsn and New appeared
before the supreme eourt this morning and
asked the court to allow th Bchwartscblld
ft Suliberger Packing company to accept
th first count In th attorney general'
Information against them, to the effect that
the company Is operating In this state
without charter from the Secretary ot
stats. 1 ;' ' . -y .
Messrs. Hagermatf and New stated tbat If
the court would accept tbat, the company
would pay the $1,000 fine Imposed by law
and at once take out a charter and then this
oompany would be upon an equal footing
with the packing companies In the proceed
lags against thm tor .violation of th antl
trust Isw. - t t -
Attorney General Crow stated that ha wss
willing to accept the fin If It would not
bar him from proceeding against this com
pany, the cam as ths other companies. At
this time the court, announced that It bad
overruled the motion of all the packing
companies to quash th Information filed
against them by the attorney general.
When the court announced that it bad
overruled the motion to quash the Informa
tion In the case Mr. Nsw announced to the
court that he wished to enter exceptions
to the overruling ot the motion.
This was regarded by the court and the
attorney general aa the first Indication that
th beat trust would carry th-caa to th
federal court.
POUR SHOTS INTO MOB
(Contlnusd from First Fags.)
thetr sympathisers Wrenched clubs from the
policemen and used them agalnat their own
ers. Meanwhile sevsrsl men hsd gslned
a pcaltloa- of advantage on tba elevated
loop, -from which they fired mlietl at th
officers. In this way Officer John McOulrs
ss 'hit in the bead "with a korsesho and
so seriously Injured tbat h had to be taken
to a hospital. OBoer John Llnencurjal wa
les aerlously hurt. Uu Billings, on of
th crowd, . wa clubbed Into . Insensibility
by th pollc and h. too. was taken to a
hospital la a aerlous condition.
After the two Ineffectual rushes at the.
crowd mBvtload th police managed to or
gaula themselves in, better snaps and tor
th third tlm ntshd tbs mob. This. Urn
they were successful. A number ot beads
war bit, but their owner in most eae
escaped- Several arrsaia wera mad. It
waa impossible to obtain anything like a
complete list of the. Injured.
The decision of U pollc to eoafln tbelr
attention trlctly to keeping Invaders from
climbing onto the wsgons did not long
endure. From the wsgons along tne route
missiles were flung st them. At every
street corner tesmsters In sympathy with
the strikers so managed their wagons aa
to bring about a blockade. With the
continued opposition, the borabsrdment, the
blockading and the Jeers all atlrrlng them.
tho police lost their tempers and clubbed
with apparent Indiscrimination. It was
said that several women and boys and one
helpless cripple received blows from the
batons of ths police.
Mass of Surging: Hnmantty.
Ths streets through which ths cavalcade
passed by noon bad become a perfect mael
strom of surging, excited humanity. The
slowly persistent progress of ths meat
wagons acted as a good to ths temper
of the crowd. Petrol wagons were kept
busy rushing to the various lock
ups with prisoners, ambulances hur
ried to the nearest hospitals, where the
beads of their occupants could be sewed
up, but never did the strikers and their
sympathisers lessen their reslstence. The
sight of new arrests and ot newly cracked
skulls whetted their sppetties for more.
They took the presence of the meat cara
van, a difficult thing to move under any
circumstances through down-town dis
tricts, as a challenge.
Business on State street was In a stats
of barricade several hours. Pickets for the
strikers persuaded eympathetic drivers to
drive Into the thoroughfares In order to
heck the advance ot the meat wagons. At
Madison and State streets the volley of
egga, bricks, etc., became so thick and th
street so congested that the police were
forced to charge upon the crowd.
Sympathizers In wagonloads tried to drive
Into the squads of police end many people
were slightly Injured In the fracas. One
old man had his srm broken by a blow from
policeman's club. Women and children
were panic-stricken and fled crying into
tde streets. At Randolph and Clark streets
the mob, which wa preceding and follow
ing the meat caravan, grew riotous again.
rom a coal wagon and from standard
produce wagons ths crowd seized missiles
and pelted the drivers of the packing house
wagons. Here the police charged the crowd
again and again, driving them from streets
snd doorways into side street. At Fifth I
svenue, near Madison, three coal wagons I
attempted to blockade the streets again. I
One teamster drew a revolver and threat
ened to shoot anyone who touched his
horses. The police pulled bis team asid.
however, but th driver was not arrested.
Battle with ear roes.
A . pitched battle occurred between a
crowd of negroes, imported from St. Louis
to take tha place of th striking yards
teamsters, ' and toughs and strikers at
Forty-fifth street and Center avenue today,
ln which alx negroea were badly injured.
two poesioiy moriauy. iuo auusiiiui.es were
driving wsgons wnen tney were assaulted.
Ul lu"lr "' "" -"
' v". "m " I
wagons, ana in iue ugni iub ueiri
badly lacerated by these weapons. One man
had hla thigh broken and another was In-
Jured internally.
numbered about fifty.
At o'clock an imposing caravan
"'las
thirty-eight loads of beef, interspersed
with five 'busses containing policemen.
came out of the stock yards amid hoot and
cries of derision from the crowd. It
looaea not unus a weu-guaraea wagou
iram oi .omo suin.i ruiy. ui in. "".
sixieen Deiongea 10 dwul anu ouipauy,
mree to ocuwancuua Demerger, uiue
w armour at v,o., live 10 iienuu iuin st
- Iour lo """J. """i
m a - v i v u -xtn a T ikV .a i
one to tne agio:Amer:aD company.
in. rge meat 7
Ifnnols Central depot at Twelfth street at
10 o'clock,, accompanied by a constantly
Increasing crowd. .During th unloading
of meat at the depot the mob showed Its
ugly temper by throwing coal and bricks,
but the well-armed police guard served to
check more serious demonstrations.
STREET CAR MEN QUIT WORK
Contest Over Tea-Hoar Law
la
Rhoae Island Reaalta la
Strike. .
PROVIDENCE, R. I., Jun ' 4. Every I
street car line in Rhode Island, barring
those in Newport, Woonsocket and Foster,
which are Independent companies, was tied
up at midnight. This was the result ot a
decision reached by division 00 of the
Amslgamated Association of Street Railway
Employee at a special meeting.
A ten-hour bill for -street railway em-I
ployes was unanimously adopted by the
general assembly last fall. It was to go
Into effect last Sunday. On Saturday th
United Traction company posted notices to
the effect tbat the ten-hour act was uncon
stltutlonal and tbat It was the intention
to test It In the supreme court. Division
No. 100 yesterday afternoon sent an ulti
matum to the United Traction company,
which is about to be controlled by a big
Philadelphia syndicate. ...
The demand Included a specific observ
ance ot the ten-hour law; that all em
ployes now receiving mora then $2.25 a day at Nogalea all available arms and ammunl
shall continue to have th same wage for I tlon at Tucson wss ordered shipped Mon-
ten hours' work; that all otbera aball be
paid 20 cents, an hour for ten consecutive
hours ths first year and 23H cents an hour
for ten consecutive hours thereafter; that
all employes other than gripmen, motor-
men and conductors, whether in the car
houses, repair shops or power houses, shall
be employed not exceeding nine hours a
day and bave the aam pay given tbem and
tbat all work of more than ten hours shall
be at the rat ot 25 cents an hour.
If these concessions were not agreed to
It waa declared the entire system of the
United Traction company would be tied up,
beginning at midnight The company re -
fused to grant these demands.
AUSTRIA BUYS TYPEWRITERS!
riaaaee Minister Makes Coatsaet
with th Smith-Premier
Company.
VIENNA. Jun 4. (Special Cablegram.)
The Austrian minister of finance hu
awarded to the Smith Premier Typewriter
company of Syracuse, N. Y., an exclusive
contract for tha aupply of typewriter ma
chines to th flnano ministry and Ita sub
ordinate branches throughout th entire
empire. This, Ilk th recent contract
with th sam company to aupply all th
courta of the mplr. waa th result ot a
competitive test conducted by the govern
ment.
HYMENEAL.
Vlach-Baatar.
WAHOO. Neb.. Jun 4. (Special.)
Charles Vlach and Miss Marl Bastar, both
of thla city, were married at St. Wencca
laua church, at I o'clock this morning, la
th presence ot a larg number of Invited
guest. Rev. Fstbsr Bor. offlclatlns- The
brlds Is a very popular young woman
daughter of Mrs. Antonle Bastar. Mr.
Vlach came here from Danvtr a short
tlm ago and engaged In buaineaa.
'Lindsay Reeoasaaeasl Pestsaaeter.
WAHOO. Neb., Jun 4. (8pclal.) Th
Wahoo postofflce controversy seems to bar
been settled In favor ot Albert Almquist.
Chairman Llndssv. of the stats central com-
mitt.a has informed tha countv orcsnlzs
tlon that "b lad recommended tbs P
polatmcnt of Mr. AlniquUU
WOMEN ANXIOUS. 10 RETURN
Want to Leare Boer Concentration Oampi
for Their Homes Immediately.
ONLY SIX VOTES AGAINST SURRENDER
Boer Delegates Who Daring; the Con
fereaee Were Stiff asid I afrlemdly
Are Now Extreaaely Cor
dial to the EDsllsh.
PRETORIA, Transvaal.. Jun 4 Ths
ballot ot tha Boers st Verecnlglng resulted la
54 votes la favor ot surrender sad i
against It.
Preparations are being made here for
the surrender ot the Boer commandoes,
which will take place on th race course.
All the Boer are allowed perfect free
dom. There will be a thanksgiving service
Sunday, June S, on the Church squars, in
which It Is hoped the Boers will partici
pate. The women in the concentration camps
are anxious to return to their homes Im
mediately, but this will be imposible until
a system of supply depots tor the outlying
districts Is established.
Oenersl Baden-Powell is arranging for
the distribution of mounted constabulary
In various districts. The police, railroads
and telegraph will be handed over to the
civil authorities as soon as possible sad the
restrictions of martial law will be gradually
relaxed.
The Boer delegates, who during the
peace negotiations were stiff, formal and
unfriendly, are now extremely cordial. All
the commandant are returning to their
commandoes in order to explain the situ
ation. General Louis' Botha, ths Boer command
ant general, haa written aa open letter to
the burghers thanking them for their obedl-
ence in the past and exhorting them to
be equally loyal In their obedience to the
new government. I
Lord Kitchener's address to the Boer
delegates at ' Vereeniging. in which the
British commander-in-chief aald that if be
had been one of them he would have been
proud to have done so wsll In the field
as they had done, made the beat imprea-4
slon and drW forth a hearty response I
from General Beyers, the chairman of tha I
Boer conference, who expressed the
pleasure the Boers experienced at meeting I
Lord Kitchener a a friend, adding that
they bad fought o long against him thst
they had acquired full appreciation of bis j
worth.
ine aeparture oi tne Boer commanders
from Vereeniging for their various dlatricts
Were marked by remarkable scenes of
fraternization. The trains conveying the
uoers started late and, the night being ex-
tremely cold, th sentries along the railroad
track Ugbtti nuga bonnre,, round which
groupg of Boers and Britons had gathered,
rorraing a highly picturesque scene. I
I The late opponents Joined in such songs I
"Hard Tlmea coma Aaraln No Mora" I
..01d Foikl at Home." the British sol-
L,.. - , ,! "the burahera Outvleln An n.
otner ln tnelr demonstrations of Joy. In
bref tne ., ,t the departure ot the
tralsi resembled nothing so much aa the
starting jot huge picnic parties.
Tne gam Signs of relolclna were wrt-
neBged throughout the Rand and flags were
dismayed " everywhere and thanksclvlna
"
service. 'war held In all the towns. '
t:U'. ' ' '
MCAlUANd rUM-tK A UthtAI
Overwhelmed br-v.Yaajo.ta(., avnjx . Cosa-
pellet t Retreat -to
HermoalUo.
TUCSON, Ariz., June 4. The uprising
among the Taqul Indiana is becoming gen
r11, detachment of seventy-three men
rum mv iur nt uciic.i i w rtr, nuu '
pursuing the Tsquls ln the Matatan moun-
tams. east oi ticrmosuio, waa amuusnea
ana tnirty oi tne numoer aiueo.. wapuun
Ceiso Gomes and Lieutenant Jos Valejo ot
the Twentieth battalion were among the
alaln. Only on escaped unhurt.
The Mexicans ran out of ammunition and
engaged In a hand-to-band battle with the
Yaquls. Fifty of the latter were reported
killed, but tbelr great number overwhelmed
tho Mexicans. The survivors retreated to
I Hermoslllo. Fifteen of them were wounded.
Oeneral Torres has retreated and sent out
scouts loyal to ths government. Refugees
I arriving at Hermoslllo report that every-
where ths TSquis have taken the war path.
Three stations on th Sonora railroad have
been abandoned and the telegraph operatora
have left. Oeneral Luia Tone, ln com
mand of tha Mexican troops, haa been re
inforced by hla brother, Lorenzo Torre,
with 200 mounted men. It 1 estimated that
there are 1,000 Yaquls, well armed, as
sembled In the foothills of the Mszatan
mountains.
The Mexican force are short ot ammunl
tlon and arms snd through th authorities
day.
I Th Yaquls captured twenty-five stands
I of arms in the ambuscade Sunday. Runners
arriving at Hermoslllo report tearful cruel-
I tie at the ambuscade, -which occurred Mon-
I day near Aguajlto.
Aa soon as the expected reinforcements
I arrive Oeneral Torres will attack the Yaquls
I In th mountains and a decisive battl Is
I expected then.
I Advices from Torres state tbat ln the
I fighting Saturday between the Mexican sol-
I dters under Governor Isabel and the Yaquls
I on Sonora river, eighteen Yaqula and thre
I Mexicans were killed. There were 400 In-
dlans. Oenersl Torres hss taken the field
with the Twentieth regiment and a detach
ment ot cavalry. Colonel Katerbttae I com-
tng from Magdalena with hla fore down
th San Miguel river to the Sonora. wher
be will form a Junction with Governor Is-
abel. Another strong force ot men ba
moved to tba Bacatale mountains, a former
stronghold of the Ysquia, to head tbem off
ln tnat direction, id government eonn
dantly xpct that bstwsen these forces
ths Yaqut forces will b captured or d
stroysd.
A DIG KARNEK.
Good rooa Pay Batter . Thaa Any
Other laveataeeat.
Monsy put Into properly selected food
that brings health and maintains It la bst- ft governmental ps'.tl s. II waa a mm
ter investsd tbsn any other way. h(, 0, ,h- it 8. Grant noet No. 110 of this
A man who bad spent hundreds of dollars
ln msdltlnes to try and get well writes thst
th past year he has usea ids pacsages oi
Orape-Nut. He ssys. "8everal years ago
I baa two severs snocss oi paralysis, pnng.
lng on geneial nervous aeDiiuy. t was not
abls to do work of any kind for several
years.
I doctored hundreds of dollars away.
About a year ago I began ualng Orsps-
Nut Breakfast rood and have ao steadily
gained In strength and health tbat sines
last July I bave worked every day st col
lecting for a large company, walking sevsrsl
miles a day and have not enjoyed better
bealtb for over 20 years than I do now.
I am able to use all kinds of food, but de
not eat much besides Grape-Nuta and
Postum Food Coffee." W. F. Albro, 207
- I Chestnut St.. Scranton. Pa.
- I Don't overlook th rdp book la acb
1 packaga ot 0rsilN'uts.
MAY INVOLVE RAILROAD MEN
President Mitchell Has a Mysterloa
Coaference with Fraak P.
Sargeet.
WILKESBARRE, Pa., June 4. There wss
much speculation around striks headquar
ters today over the nurpos of President
Mitchell's visit to Scranton laat night,
where be saw the railway union leader.
Mr. Mitchell returned from Scranton today
and all attempts to get him to talk about
the nature of bis conference with Frank P.
8argent, the chief of the Locomotive Fire
men, was futile. All he would ssy was that
his call upon Sargent was merely a social
one. It Is believed, however, that a new
move of some sort in which the rsllrosdera
may be Involved, Is among ths possibilities
of the near future.
The entire region waa quiet at stsrtlng
time. Only two places In the Wyoming
vslley had any demonstration against the
men who are working the pumps. At Min
ers Mills a crowd gathered early and met
each trolley car as it came Into the town.
As ths workmen got off the car under the
protection of the ooal and iron police they
were hooted and called uncomplimentary
names. There was no attempt at violence
snd all th men reached the several col
lieries located ther in safety.
At the Exeter mine of the Lehigh Val
ley company, Weet Plttston. a small crowd
gathered and watched the men going to
work. The place is well gusrded. but no
one approached the employee. There were
many women In the crowd.
The strikers claimed a few more addi
tions to the rsnks today, but in most In
stances the coal companies were able to
supply the pieces ot those Induced to leave.
The operators sre reported to be In need
of capable men. They can get any number
of workmen, but those who are experienced
In colliery work are getting acarce. The
supply ot company men, such ss clerks,
tesmsters, bosses and other men employed
around the mines at odd Jobs, has been ex
hausted and they are now drawing upon the
nonunion men brought Into the region
A systematic boycott of all persons and
establishment that In any way supply th
wsnts ot nonunion men hss been lnaugu-
rated and is having Its effect In bringing
men out of the mine. Men of all callings,
Including bartenders, butchers and grocery
clerks, etc., are organized. A nonunion
man in most places cannot be served and if
be Is the establishment la Immediately boy
cotted. Families of nonunion men are con-
sequently having much trouble in buying
the necessaries of life in stores.
EDWARDSV1LLE. June 4. A riot broke
out tnla morning between several hundred
striking moulders and nonunion employes
te American steel ft Foundry com
pany, ana as a result nvs men, two ne
gro nonunion workers, and three white
trtkrs shot two rr iia tt
fatally. At present the namea of the In
Jured are not obtainable, as they were bur
ried away to places of safety by their
friends.
The trouble broke out at S a. m.. when a
train load of employes of the steel company
who had not struck reached Granite City.
As the men were proceeding through s
narrow lane to their work In the mills,
nor ,.) trmA th. ..ii,...
Lnd than iiad with .. n.nu...
. th.n hron.ht intn . n a i
shots were fired by both parties. Two
nonunion men. negro, and three white
strikers, received wounds. Two of the lat
Iter were shot ln the back, and It Is be-
I llaved ther will die aa tha result f thalr
wounds.
I Annthar account sava that ftnlv Ihpaa m.n
I ' rf
I were wounded, aa follows;
I John Bufflnaton. aged . Si. shot In. tha
back, bullet lodging , in the kidneys, oondl-
tlon serious, .. . ., ,,. v - : ., .
, ,S. B, Meflord. aged 3!L shot in the right
srm. . . . , ......
Alexander Mathews, aged SO, shot in the
left leg.
This account states that the trouble arose
between twenty-five negroes, imported to
take the' place of strikers, and the strlk
I era themselves. A warrant has been sworn
out for the amsf of one of the negroes,
Bamed Bird, charging him with the ahoot-
i nB- ot Bufflngton
Nonunion Men at Work.
HAZLETON, Pa., Jun 4. Th eleven Im
ported men who were kidnaped at Hazle
Brook colliery by the striking mine workers
I last night were cent back to Philadelphia
today. District President Duffy announced
that this was the last batch tbat would be
deported at the expense ot the union. About
I 300 men from rnuaaeipnia reacnea wane
I ton on a apeclal train early today. They
I will be put to work around the mines.
Women Seeding. Strength,
whether convalescing, or whether in a
weakened condition from any cause, will
find great relief and speedy restoration to
healthy conditions ln the tonic Influences
following the regulsr use of Malt-Nutrin.
With 14.60 per cent of nutritive extract and
but 2 per cent of alcohol, there la no other
tonle so practical or palatable. All drug
gists have it. Made by Anheuser-Busch
Brewing Ass'n, St. Louis, U. S. A.
DEATH RECORD.
David Crowell, Fremont Pioneer,
FREMONT. Neb.. June 4. (Special.)
I David Crowell, for many years a well known
I resident of this city, died at Delevan, 111.,
I Monday morning from the effects of an
I overdose of an opiate which be bad taken
! on Friday 'evening. He was born at Cap
I Cod. Mass.. in 1842, and came to Fremont
I ln 1877, where he engaged In the grain and
I CoaI business for many years. For tbs
I last eight years he has been engaged in
I the Insurance business In Illinois. He
leaves a wife, two sons, Charles and Lucius
Crowell ot Omaha, and two daughtera, Mrs,
1 H. E. Oleson of Ord snd Ida M. Crowell
- 1 of this city. C. C. Crowell of Blair la a
brother of the deceased and be also haa
several brother and a aiater living la
Massachusetts. His remains wsre brought
I to Fremont this morning and funeral
I services were held at St. James' Episcopal
I church at 1:30 this afternoon. Rev. T. J.
I Mackay officiating.
Captain W. H. Garaner
Caotain W. H. Gardner died at the Bol-
4ra' home In Leavenworth on June t. He
waa well known In thla city, being long aa
soclatd with General Dennis here, and the
last of bis working years be acted clerk
ln the nostofflce.
Captain Oardner was a first lieutenant or
the Thirtieth Massachusetts Infantry our-
in. tha civil war. At tha close Of ths war
h. aatld in South Carolina, where h held
,,, H1, w. witK him for tbs Isst
ftw week, and took care of him. It is not
,,-,,, knoWn where be will ba burled,
bu, u infrrad that M will be at Leav-
i .nwnrb
Ola Soldier Die Snddealy.
FREMONT, Nb.. Jun 4. (Spclal.)
Andrew Jobneoa. an old soldier from tb
Grand Island boms, died hsr vry sud
denly yesterday afternoon. A post-mortem
examination waa held and th eaus of bla
death found to bave been the bunting of
an ulcar ot th stomach. Ths Grsnd Army
will tak charge of bis funeral.
E. HV. Grove.
The name must appear on very box ot
th-genuine Laxative Bromo-Qulnlne Tab
lata, tb remedy that cura a cold In on
day. 25 bents.
MAD DOC CREATES A PANIC
Bites Over a Down Persons at Ellsworth Be
fore Es is Killed.
ONE OF THE VICTIMS DIES IN HOSPITAL
All Doks In the Towa Killed by Order
of the Authorities Several Blt
tea by Aaotber Rablsl Dos
at Mlaaoarl Valley.
FORT DODGE. Ia June 4. (Special
Telegram.) People of th village of Ella
worth, eighteen miles east of here, are
panic stricken with fear of a hydrophobia
epidemic. One man Is dead and sight oth
ers are receiving treatment In the Pasteur
hospital In Chicago, as the result of bites
received from' one small pet canine. The
dog that caused the wideapresd ' trouble
was a village' pet.' About two weeks sgo It
waa bitten by a hound that later developed
unmistakable symptom of hydrophobia.
The hound and dog were killed, but not
until the dog bad bttten twelve or fourteen
persons and several other dogs. Last Sat
urday John Dlesom, one of the first vtotims,
developed symptoms of rabies. Sunday he
Was taken to the Pasteur Institute at Chi
cago, where he died In great agony on Mon
day. - When new of his death reached
Ellsworth It created consternation and the
next train to Chicago carried eight people
who were bitten. Among them are Mrs.
George Pearson and daughter. H. Severson
and Andrew- Igon. Every dog In Ellsworth
has been killed by special order ot the
city council. -
' MISSOURI VALLEY, la., June 4. (Spe
cial.) A mad dog waa the canse of a
small-sized panic on the streets here yes
terday. Fivs people were bttten, among
the number being Policeman Riss who re
ceived a bad bite on the hand while at
tempting to kill the animal. John. Zah
ner had the calf of h left leg torn and
upon the advice ot his physician he left
last night for Chicago, wher he will re
ceive, treatment at the Pasteur lnatitute.
The other thre parties who ware th un
fortunate victims of th animal did not
receive such . severe Injuries and It Is
thought they will not need to go to Chi
cago for treatment. .
BRYANISM IS VOTED DOWN
(Continued from First Psg.)
laws; denounces the ship subsidy bill "re
cently passed by the United States senate,
With the assistance of senators from In
diana', . as an iniquitous appropriation ot
public fund for private purposes, and a
wastful, illogical and useless attempt to
overcome by subsidy the obstructions raised
by republican, legislation to the growth and
development of American commerce on the
seas," ; opposes tho Fowler bank bill, which
proposes bank concentration and the for
mation of a great banking truat; recognizee
as an economic fact the Increase ot stan
dard money arising from the vast increased
production from our own and foreign mines,
as a demonstration of the truth of the
quantltiv theory of money;, condemns and
denounces "the Philippine policy of the
present administration. It haa embroiled
the republic -In -an unnecessary war, aac
rlflced , the -Uvea of many of the noblest
sons and -placed the United States, pre
vlpualy ' known and applanded throughout
tha world S .'the champion of freedom, ln
th false - and . un-American position ot
crushing, r with military force the efforts
of our former allies to achieve liberty
and self-government: ; .
;. '-.: On drtatllwplne Qaeatloau i: I
- The-FtHplfibs-' eanaot become citizens
whndut entangling" our civilization';'), they
cannot be subject without Imperiling our
for fa of government;' and sa we are not
willing "to surrender our civilization, to
convert the republic into an empire, we
favor an Immediate declaration of the na
tion's purpose to assist the Filipinos to es
tablish for 'themselves an Independent gov
ernment, protecting them from outside in
terference' and securing "to thia country
such commercial and naval rights and ad
vantages as would be Just and fully and
fairly protect American Interests.
"We hold In reverence the valor, patriot-
Ism and'servlces of the soldier and aailors
of the republic."
The platform further congratulate th
republic of Cuba upon its entering Into th
family Of natlona and deplore the cruel
and wanton destruction ot tha republic of
South Africa; favors the construction and
control of an Isthmian canal; favor th
election of United State senators by popu
lar vote; favora. freedom ot debate ln th
legislative bodies of th stat and nation;
deplorea tbr death of President McKlnley
denounces anarchy In all Its' forms and de
Clares that it should not be permitted to
find an abiding place in thla country; en
dorses the course of th democratic rep
resentatives In congress in stsndlng for
economy In public expenditures, for Just
principles ot government and for the doc.
trtnes of the democratic party.
The platform ends by condemning the
governor ot Indiana "for hla violation of
the constitution and laws of the United
States and the state of Indiana In hla re
fusal to honor the requisition of the gov
ernor of Kentucky upon regularly returned
Indictments for murder against fugitives
from Justice."
The: (Race
Does not depend on the start but on tbs
finish. It's staying power which carries
many a runner to victory. It's like that
in business. Many a man starts oft In
the race for business success with s
burst of speed which seems to asaur
victory. Presently be begins to falter
and at laat he falls and fails. The cause t
Generally-"stomach trouble." No man
is atronger than hia stomach. Business
haste leads to careless and irregular eat
ing. , The stomach and other organ of
digestion snd nutrition become diseased.
The body is inadequately nourished and
so grows weak.
J3r. Pierce's Golden Medical Discovery
cures diseases of the stomach and other
organs of digestion and nutrition. It
strengthens the stomach and so strength
en the whole body which depends on
tha stomach for the nourishment from
which strength is made.
There ia no alcohol in " Golden Medical
Discovery," and it ia entirely free from
opium, cocaine and all other narcotics.
Accept no substitute for the " Discov
ery. Tbere-ia no medicine "just as
good " for disease of the stomach and
allied organ.
Yoar 'Golden Medical Discovery' baa per.
Ibrmcd a woadrrfal cure,1 writes Mr. M. H.
Houat, of Charleston. Franklin Co., Ark. !
had the worst caae of dysprpsia, to doctors
say. that tbry ever saw. After trying aevea
doctors nd everything I coald hear of with a
benefit, I tried Dr. Hercc's Golden Medical IMa.
covery, tad mom I aw cured'
Dr. Pierce's Plcaaat Pellet curs
constipation.
Summer Energy and
Activity.
If You Are Nervous, Despondent
Sleepless, Irritable, or out
of Sorts in June,
PAINE'S CELERY
COMPOUND
Will Give You Nerve Force,
Fresh Energy, Vigor, and I
New Health.
June ahould b tha banner month r.t th.
year for the enjoyment of nature and life.
If men and women are not physically cap-
Die or enjoying the good thing of natur
nd bom ao bountifully provided hv an
All-Wise Creator, th fault is their own in
th majority of cases. .
Our nsrvousnaas. Insomnia. daanonlanv
and Irrltableness are continual and forcibla
reminders of HI health and dlaeasa. Th.tr
continuance ln June means unhsppiness and
misery; tnelr . Banishment by the us of
Palne's Celery Compound means energy, ac
tivity, vigor, and full ability to enin
Heaven's beat gifts.' Thousand axe new
acquiring rugged health and buoyant spirit
through the U of Palhe'a Caler Cm.
pound. Th blessings of health, home, and
nature win te yonr portion If yon wisely
use the great medicine this month, it
truly make peopl well.
$9.60
Omaha
to
St. Paul
us
and Return
June 1st to 14th. Return, October
list.
' '. rnshing'ls best' during June in the
.'MINNESOTA LAKES.
Particulars at City Ticket Offices,
1402 Earnam St.
OMAHA.
AMUSEMENTS.
BOYD'S
FERRIS
STOCK
COMPANY
.Woodward A Burgess,
Manager.
TONIGHT
And Balano of Week.
Mat. Sat'day-Sunoay.
Tba Man Outside
Prices Mats., any re
served seat. 10c; night,
10c. lto and 16c
BASE BALL
VINTON STREET PARK.
St. Joseph vs. Omaha.
Jane 5-6-7-8.
O ame called at 1:45. Take South Omaha
Car 8outh. .
OMAHA'S RESORTS.
COURTLAND
BEACH
NOW
OPEN
BALLOON ASCENSIONS U".T.a ,,
SWITCHBACK RAILWAY, th Popular Attraction
VAU 0 IVI Lit Performances. Admlaalon tOO
Interatae Cballenae Cap
Yacht Race FRIDAY
BALLOON ASCENSIONS ivT:;.V7:.
GEORGIA SERENADERS i..
EIRUG PARK
A m aYaatvS.
TeSay Utah Clan Attraetlea-Tay
Master's voicin --
Tks "rsMioa Play."
An a eeere el aer Irea shews.
ASmlesloo to Pars. 10c thllataa trae.
HOTEL.
THE MILLARD
i s tb asa rgist
OSAKA, MB
LUNCHEON. FIFTY CENTS
U.JO TO a P. M.
SUNDAY 5: P. M-IDINNER
ia ap 1al Millard teatur.
J B. MARKEL SON. Pre.
C. H. Peeplee. Manager. .
A. B. Pavanport. principal Clerk.
CHICAGO BEACH HOTEL
nd dust. Situated oo boulevard and Is,
at slat St. Blvd., Cblcago. Bend tor Illus
trated nooaiei
cuxi TGuxmn
COea B4i lar asuaral
oaarsx.la la a stations.
tltaUoa as aUataateaA
af m a sees
raiakas, aa aai asfciia
(eat af I alliens!
Prawlsls,
a sT 4
iumneapoi
LAKE lANAlA
-" sll rfc
M J a i wai sa,
SawS aottMWia. u
KTai i ai LuTs uuiIm 6a.