Omaha daily bee. (Omaha [Neb.]) 187?-1922, July 23, 1902, Page 2, Image 2

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. this was not a moot court. Abstract
"questions of Isw cannot be mad the sub
ject of litigation. Thre muat be real
parties, and they are res In depute that
will become rea Judicata when the litiga
tion la ended.
Matter In Moorea Case.
an tha Moorea case the thing In dis
pute waa the offlce Itself, and It was de
termined that the Intertenora were en
titled to the office for the terra of their
appointment, and respondents were ouated.
This la re Judicata, and in Kennedy agalnat
Moorea some of the respondents were still
holding the terms adjudicated In the former
case, and the doctrine of res Judicata was
applied. Tn the determination of a case
legal principles are Invoked and the con
elusion of the court thereon 'announced.
Whether auch ronctualcn shall be followed
Mthout further investigation In subsequent
litigation frequently depends upon the
principles of atare decisis. When such
'conclusion becomes a rule of property It
1s adhered to until changed by statute
but when no rule of property Is estab
lished It Is the duty of the court to re
examine and overrule Ha former decision
when shown lo be fundamentally wron.
Jrhe thing determined by the litigation
becomes res Judicata and cannot be after
ward questioned between the parties, al
though the rale of law by which the de
cision waa controlled Is afterward found to
kae been Incorrectly applied, and such
application is no longer binding upon the
courts. The former Is res Judicata and
the latter Is to be measured' by the prin
ciples of stare decisis.
1 "It being conceded that no legal ap
pointments hare been made, and that there
,are no legal Incumbenta of the office,
and that the law requires the governor
,to make the appointments. It Is manifest
that he la not prevented from so doing by
any erroneous determination of certain
partlea to prior and different term.
Doty of the Governor.
"We conclude, therefore, that It Is now
the duty of the respondents to appoint
a Board of Fire and Police Commissioners
for the city of Omaha under the statute In
question. The majority of the court la
Satisfied with the decision In Redell agalnat
frfoores, aupra, but as It Is not
questioned In this proceeding, the writer
has made no Investigation of the queatlona
therein discussed. In the former opinion In
this case It waa said, 'whether the peremp
tory writ should actually issue In a case of
this kind la a question of great delicacy
and one which we do not here decide.'
There has been no further discussion of
that question by counsel and we do not feel
called upon now to determine or further
consider It. It la not to be supposed that
the peremptory writ will be necesaary. The
Judgment entered In thla case la modified In
accordance with thla opinion."
Judge Holcomb appends thlB: "I am not
prepared to express an opinion different
from the one heretofore concurred in by
Governor SaTaa-e Notified.
Private Secretary Clancy has notified
Governor Savage, who is now In Salt Lake
City of the decision of the supreme court
In the Omaha. Fire and Police Commission
case, and It Is expected that he will hasten
back to Lincoln. Mr. Clancy declined to
aay what course the governor would pursue,
but Intimated that he would make the ap
pointments soon after hta arrival. Governor
Savage has already determined upon the
anen for the board and If he aees his way
clear In the face of thla decision to make
the appointments he- will probably loss no
time In giving them to the public. .
The-supreme court adjourned alne die at
S o'clock thla afternoon, delivering the last
et of decision until the September term.
Those in cases of interest to the state at
large or la Omaha are: State against Bank
of Ogalalla, former Judgment modified;
Dale agalnat Council Bluffs Savings Bank,
reversed; First National Bank of David City
.galnat Sargent, affirmed; Blllera against
Yelser, affirmed; Omaha Savinga Bank
kgalnat Boonstra, reversed.
Mayor Moorea is tn the west with Gov
ernor Savage and City Attorney Connell
la in the east. Assistant City. Attorney
Adama laat night said be la not familiar
with the case and docllned to express any
opinion aa to what action will be taken.
Missouri Democrats Endorse Present
Administration and Ring
Role In General.
ST. JOSEPH. Mo.. July 22. The state
democratic convention of Missouri met here
at it o'clock noon today and at 12 o'clock
midnight concluded Its work and adjourned
aine die.
John A. Knott was nominated on the first
ballot for the' long term as railroad and
warehouse commissioner at the night ses
sion. ,
Joseph P. Price of Moberly, ono of the
present members of the board, waa choaon
for the short term on the second ballot.
.Joseph P. Carrlngton of Springfield, the
present superintendent of public instruc
tion, waa renominated.
Hon. William A. Rothwell of Moberly waa
chosen chairman of ths state committee
The resolutions adopted declare allegiance
to the prlnclplea of the Kansas City plat
form, especial atress being laid on the
free silver 16 to 1 plank.
The government's Philippine policy is de
Drastic, legislation ia proposed prohibit
ing the existenoo of all truata a ad com
blnatlona that have a tendency to destroy
competition. The administration of Gov
ernor Alexander M. Docker is eiwvreed,
"The Juat and Impartial election laws of
the state." la praised.
Government by injunction Is opposed,
Child labor in factories Is denounced
The record of the republican party in St,
Louis In connection with the recent brib
ery scandals Is dilated upon and condemned.
Municipal ownership is favored. Franch
ises should be granted only by vote of
the people; favor direct legislation v. her
ever practicable.
Profealonal lobbying in Mlsourl Is de
clared to be a menace to the state and
nation and a ceaseless war should be waged
on all lobbyists.
United States Senator F. M. Cockrell was
deolded upon tonight for chairman of thu
state committee. The senator, who Is in
Washington, was annrlsed by wire of ths
wishes of the democratic leaders, but re
piled to Governor Dockery that he would
not accept. The message waa not accepted
as anal and the senator was promptly not I
fled that ths convention urged hla to re
consider his decision.
Hon. William Joel Stone, who will bo
the democratlo nominee to succeed Senator
- George Graham Veat. addressed the conven
tlon at 11:10 o'clock. He presented a tela
gram from Senator Cockrell, asking for the
election of W. A. Rothwell of Moberly as
chairman of the state eommltee.
The convention, acting on the suggestion,
of ex-Governor Stone, unanimously noml
sated Mr. Rothwell.
Biliousness, sour stomach, constipa
tion and. all liver ilia are cured by
flood's PHIo
The iioo-trrltatlng cathartic. Prloe
go cents of all druggieta or by mail ot
CL Uuoa Co, Utmtu. Mass,
According to Substantiated Report Annsur
& Com pan the Purchaser.
Deal la Bnld to His Is Into Mil
lions ana All Honsee of Both
Companies Are Taken
CHICAGO, July 22. According to a re
port current today that seemed to be well
substantiated. Armour 4k company have ab
sorbed the Hammond Packing company, and
the O. H. Hammond company.
The O. H. Hammond company has $3,-
600.000 of stock and $1,(50,000 of bonds; the
Hammond Packing company has $1,600,000
apltal stock. The plants of the O. H.
Hammond company are at Hammond, Ind.,
South Omaha and Chicago and the Ham
mond Packing company's establishment is
t St. Joseph, Mo.
Split In Homo Rale Parly May Defeat
Hawaiian Delegate for
HONOLULU, July 15, via San Francisco,
uly 22. (Correspondence of ths 'Assocl-
fed- Press.) The territorial convention of
the home rule party her ended in a split
between the two factions, and Prince Cu
pid, with about forty other' delegates.
boltod from the convention to form a new
party in opposition to Delegate to Con
grete Robert W. Wiloox.
Delegate Wilcox and Kalluokalanl have
both stated that they can do without the
element represented by the prince and
that Wilcox will . be elected to congress
gain, but It lo generally thought that the
dlvlnlon in the home rule party Is a seri
ous one, and republican papers predict
that it will end In the defeat ot Wilcox In
the coming election'.
After the bolt of the dissatisfied ones
thi regular convention nominated Wilcox
for delegate to congresa and adjourned.
The bolters organised a new party, whl :h
they call the nonpartisan party. Tbey
chese Prince Cupid president and talked
of naming him for congreas and of com
bining with the democrats, who also heM
meeting last night.
The- schooner Julia E. Whalen left on
July 11 for Marcus Island to Investigate
he value of the guano deposits there in
the Interests ot the Honolulu owners, who
will worV the deposits if a favorable re
port la received. Late reports from those
who have called there Indicate that tho
Japanese on the Island are Inclined to re-
1st the landing ot white nen, and It la
feared - that those- on the schooner will
have trouble with them.
The Commercial Pacific Cable company
has paid 15,000 for a alte for the landing
of Its cable from San Francisco on the
beach at Walklkl. Work of Improving the
Ite has already begun and the neceasary
building will be erected at once.
Deeds of .transfer have passed between
the government and the property owners
In all ot the cases begun In condemnation
f lands for tho Pearl harbor naval sta
tion except that of the Honolulu Planta
tion company, which is opposed to tho
Ex-Queen Lilluokalani arrived hero last
night on the Steamship China after a long
tay In Washington. She waa met at the
wharf by many natives and others, many
of the old-Jlme regime gathering to pay
Easy Waj Arrana-ed bjr Maskay for
Disposal of Iortlon of His
Vaat Estate.
SAN FRANCISCO, July 22. James L.
Flood and Attorney Mclnerney have filed for
record deeds signed by the late John W.
Mackay for all the real eatate which the
latter owned in this city at the time of his
They are drawn in favor of his wife,
Marie Louise H. Mackay, and his aon,
Clarence H. Mackay, who will ahare alike
In all respects, and la the three parcels of
real estate transferred the conditions in the
two,, are love and affection and in the
third a nominal sum is named.
Two were Crawn in New Tork City on
December 21, 1900, before George H. Corey,
commissioner ot deeds for California. They
give to Mrs. Mackay and her only aon the
Grand Opera house in this city and the
valuable property at the southwest corner
of Fourth and Market street.
One waa drawn in Ban Franclaco before
Notary Public Hollandsmlth on March 20,
1902, during Mr. Mackay'a last visit here.
and . it disposes of an undivided half In
terest in tho Nevada block at Montgomery
and Pine streets. .
Mackay'a purpose In .atgntng the deeds
and entrusting them to Flood, his old-time
friend, la thought to be becauae ho wanted
to make eaaler and less expensive to the
heirs the administration of his estate. '
t'prlelnar Resalta from Attempt of Chi.
aeit Government to Make
BOSTON, July 22. Aa a result of the at
tempt of the government to collect a tax
in connection with the Boxer trouble, ac
cording to a dispatch to the Missionary
Herald from Rev. F. M. Chapin ot the
American board. North China mission, an
uprising haa taken place to the west of
Lin Chin. Rv. Mr. Chapin says that thou
aanda of troops have been aent to suppress
the uprising, but at last accounts they had
not succeeded. Referring to the affair, Mr,
Chapin says:
r.ear ua, in the Haia Chin country, we
have one village where Christian families
cannot return to their homes, the Boxers
still carrying their arm and refusing to
allow said Christians to sell their land.
as they would gladly do. To the southwest
oi cnin is quite a district where the
traveler may reel certain he is to be robbed
whether he has much Or little. In that
region kldna;,mg of the very old and
juuiii; a regular Dusiness.
The convulsion two years ago, by relax
mg an respect for law ana order, making
it posaiDie lor men to suddenly grow rich
without labor and to obtain money by rob.
bery without fear of punishment, has dis
integrated society.
Articles of Incorporation of Colorado
4t I'tah Coastrnetlon Com.
pany Filed.
DENVER, July 22. The Colorado A Utah
Construction company today filed iapre ot
Incorporation with th secretary of state.
It Is th construction company of th Dea
ver. Northwestern ft Paclflo. Th c Hirers
President, Sylvester T. 8mttb; vice pres
ident and general manager. A. C. Ridgisway;
secretary and treasurer, Frederick O. Mof
fatt; board ot directors, 3ylvestr T. Sitlth.
A. C. Rldgeway, Charles K. Durbla, Fred-
erlck O. Moffatt and Will Urn C. Thomas.
The capital stock of the company Is 12.009,
000. It Is organised to build railroad I'nee
and telegraph lines in the states of Colo
rado and Utah.
The artlclea of Incorporation stats that
the road will pass through the states ot
Colorado, Utah, Nevada and California.
Won't Contest Ronldev Roate.
DENVER. July 22. David H. Moffatt aald
today that there was no foundation for the
report ot a probable contest between the
Denver, Northwestern Pacific and Bur
lington railroads over the right-of-way
through South Boulder canyon. He added
that he had received- a letter from C. E.
Perkins, chairman of the Burlington board
ot directors,' giving the new company that
Is to build from Denver to Bait Lake full
rights to the old survey and right-of-way ot
the. Denver, Utah ft Paclflo line that were
acquired by the Burlington.
Cardinal Ledochowskl.
ROME. Juiy 22. Cardinal Ledochowskl.
prefect of the congregation of the propa
ganda ot the Roman church, died this
morning after a long Illness. Cardinal
Ledochowskl was born at Oork, October
29. 1822, and was the descendant of an
illustrious Polish family. The pope, on
learning of Cardinal Ledochowskl's death,
was greatly distressed and exclaimed: "A
valiant fighter for the church and religion
has gone. His memory be blessed." The
pontiff then knelt and prayed for the re
pose of the cardinal's aoul. With Cardinal
Ledochowskl' death Cardinals . San Ste
fano and Parocchl are the only surviving
cardinals crVated by Pope Plus IX.
Cardinal Ledowschl waa out driving as
usual yesterday evening. When his valat
entered his room at 9 o'clock this morning
the cardinal had a sudden paralytic stroke
and succumbed. It is thought Cardinal Vln
cenzo Vannultelli, bishop of Palestlna and
archpriest ot the Liberrian Basilica, win be
appointed prefect of the congregation propa
ganda In succession to Cardinal Ledowschl.
Bon of C. 9. Adeo.
Mr. and Mrs. C. S. Ades, living at
Twenty-sixth and Parker streets, received
telegram Tuesday morning that their
11-year-old aon, who has been visiting
with his grandparents at Oordon, Nab.,
since the close of the Omaha schools, was
dangerously 111. Mr. Ades was Just ready
to go to the depot to take the afternoon
train when he received another telegram
stating the boy was dving and that bo
could not reach there in time. .Within an
hour afterward another telegram announced
his death. The body will be brought to
Omaha and the funeral services will be
hold Thursday. The telegram received in
tho moralng was the first knowledge Mr.
and Mrs. Ades had that their aon, was sick.
Tbomas Deyarmoa.
HELENA, Mont., July 22. Thomas De-
yarmon la dead at Horton, Kan., where he
had gone for the benefit of his health. He
waa the founder of the Virginia City Madl
sonlan one of the oldest papers in tho
stats. Learning the printing trade at In
dependence, , Mo., he took part In the bor
der troubles preceding the civil war and
went to Utah with General Albert Sydney
Johnston to suppress the Mormon uprising.
He was one of the first stampeders to
Colorado, at the time of tbo Pikes Peak
excitement, and came to Montana In 186J.
He was elected to several offices, but about
a year ago waa atricken with paralysis and
went oast for treatment.
Mrs. Gertrude Km s.
Mrs. Gertrude Krus, age 60 years, while
sitting on the porch at hoc. home at Second
and Bancroft atreets at 10 o'clock Monday
night, was taken auddenly ill and died at t
o'clock yesterday morning. She waa the wife
of Joseph Krus and besides her husband
leaves three daughters of her Immediate
family. The funeral, will occur at 8:80
o'clock Thursday mornlig from the Immac
ulate Conception church. Deceased had
been a resident of Omaha for a number of
years. Her death waa du to heart failure.
"Red Bird" Harris.
MUSKOGEE, I. T., July 22. R. B. Har
ris, known throughout the terrtlory as
Red Bird" Harris, ono of the most
prominent men ot the Cherokee nation, is
dead at his horns near here. He was a
lawyer, practicing in the United States
courts, and was a brother of Chief Harris
of the Cherokee nation.
Henry Jansen, Beatrlee.
BEATRICE, Neb., July 22. (Special.)
Henry Jansen, a prominent resident of
this section, died at his home near this
city, aged 70 years. He leaves four daugh
ters and three sons, his wife having died
several years ago.
General Allen T. Wlkoff.
COLUMBUS, O., July 12. General Allen
T. Wtkoff, atate canal commissioner, died
today, aged 77 yeara. He had held many
political offices. At one time he was
secretary of state and later adjutant gen
Martin Webber, TyndalL
TTNDALL. S. D., July 28. (Speclal.)-
Marttn Webber, who Juat underwent a sur
gical operation. Is dead. He was an old set
tier, coming here ia the '70s. The de
ceased leaves a wife and three children.
Clrl Starts Destructive Bias.
8IOUX FALLS, 8. D., July 22. (Speolal )
Thomas Hanaon, a farmer living east of
Colton, this (Minnehaha) county, loat a
new barn, together with all Ita contents,
by fire, which la supposed to have been
atarted by a little girl playing with
matches. Ths loss was considerable.
Among the property burned was a valuable
bora and between forty and fifty tons ot
All mothers are familiar with that ever
present hunger of the growing boy or girl.
It Is different from aay other hunger. It
Is a craving, guawlng demand that cannot
wait until the bib can bs fastened on.
Thla Impatient, extreme hunger is ths
demand of ths little system for nourish
ment to sustain its rapid growth. The
thoughtless mother supplies this demand
with th firat thing at hand that will sat
lsfy th child, that will appease the hun
ger. The careful and thoughtful mother
auppliea the hungry child with such food
as will give th nourishment that th little
growing tram needs.
Ia the first plac th child eats cake ot
cookie or fruit or candy. In th other
case the child Is given Malta-Vita.
Malta-Vita is not la the ordinary sense
an infant food. Ii is good for old and
young alike, whenever and wherever
palatable, nourishing food is needed. Chil
dren Ilk It aad it la good tor them. If
th llttl folk at lea ot fried-cake and
cookie and mor of Malta-Vita they, th
llttl on, would have fewer sick spalls
and th parent would ha fewer doctor's
bills to pay.
Malta-Vita is a wheat product thor
oughly Impregnated with' the diastase ot
malt. It is cooked and eeml-dlgested. It
is aold by grocer at Is for a very laxg
package, aad is aa Ideal food for old aad
young, sick or well.
To Much Moisture in ths Korth and Too
Little ia tin Booth.
Weather la the Santa, Ansonnf
InaT to a Prolonged1 Drontfc In
ome Sections, Injnres
Cotton Crop.
WASHINGTON, July 22. The weather bu
reau's weekly summary ot crop conditions
Is as follows:
The lower Missouri and uprer Missis
sippi valleys and lake region have contin
ued to suffer from excessive ralna, which
have also interrupted farm work in the Ohio
valley and in portions ot the middle At
lantic states and New England. Much In
Jury to crops and other property has rs
sulted from overflows In Iowa and portions
of Illinois, Missouri and Michigan.
Drouth haa been largely relieved In tb
south: ra states, but extensive areas in that
section are still much la need of rain, es
pecially In the northern oortlons, extending
from Oklahoma eastward to the Carolines.
The temperature conditions a a whole
have been favorable, although rather low
In the northern Rocky mountain districts.
The north Paclflo coast states sustained con
siderable damage from high winds, and the
Dakotas and Minnesota from hailstorms In
scattered localities ' -
Corn Makes flood Progress.
The corn crop has made splendid progress
in tbo states ot the eentral valleys, except
In Iowa and limited portions Of Missouri
ard Illinois, ths condition In Iowa being
fairly good In well tilled uplands, but great
damage has resulted from floods In ths
southern portions of that stats and northern
Illinois. Highly favorable reports are re
ceived from Nebraska. Kansas and the
greater part ot Missouri and Illinois, and a
decided Improvement in the condition ot the
crop in the Ohio valley.
Rains have interfered with harvesting of
winter wheat where unfinished In the north
ern districts, and have also been unfavor
able for threshing in the central valleys
while considerable wheat in the lower Mis
souri valley has been damaged. Harvesting
continues In California and has begun in
Oregon, where wheat is filling nicely. The
crop In both Oregon and Washington haa
however, sustained considerable damagi
from recent high winds. 1
Spring wheat has advanced favorably in
the principal spring wheat states, but ban
sustained injury la scattered localities
from hair storms.
Oats harvest is finished ' In southern
states and is In - progress In ths eentral
valleys, and while lodging Is extensively
reported from the Ohio, upper Mississippi
and Missouri valleys and lake regions, ths
general condition of the crop continues
satisfactory. '
Cotton 8 a Iters from Droath.
Although generally Improved in condi
tion, cotton continues .- to suffer frota
drouth, in portion, of the Oarollnaj. over
th north eentral portions of the cottcu
belt and in extreme northwestern . and
southwestern Texas.,. In much the greater
part of the laat mentioned atate the crop
is normally developed . and .. is heavily
fruited, with ample moisture for presett
needs. A material ,, Improvement is noted
in portions, of bouisiana, ayssisaippl and
Alabama and the, crop continues In gener
ally promising condition in Georgia. - Over
much the greaterpart of central and east
ern districts tba plant continue small, and
blooming to top III extensively reported
Apple prospects are' Somewhat Improved
in Missouri and promise well tn portions ef
Oklahoma, Krnsas, Nebraska and Michigan.
The outlook in New Tork Is less promising,
but continues favorable . In Naw England.
Generally throughout the Ohio valley and
middle Atlantic states the indications ale
tor a verr poor crop.
Haying baa been Interrupted and much
hay spoiled by rains in .ths lower Missouri
and upper Mississippi valleys and portions
ot th lake region.
Delicate Question Involved In Offer
Ins of Pope to Taft
WASHINGTON, July 22. Governor Taft
has acquainted Secretary Root with th fact
reported in the news dispatches from Rome
that the pope had tendered several pretty
and appropriate gifts to himself and the
members ot bis party and be. ha asked
whether they, can lawfully be accepted.
It waa at once recognized that the que
t'on thus presented Involved some very
delicate and Interesting points, principal
among them being a possible decision, ex
pressly to be avoided at. this stage in th
opinion ot the officials, as to th temporal
powers of th pope. It these wsr decora
lion or gifts of large value, then under the
constitutional Inhibitions they might not be
received without authority of congrea if
the pop is regarded a having temporal
powers as being a prlnc. a potentate or a
Secretary Root, however, avoided an un
pleasant decision of. this question by In
forming Oovernor Taft that if these gifts
are not of considerable lntrlnalo value and
personal In nature tbey may be accepted as
mere souvenirs. In which case the person
ality of the giver need not be a matter of
official Inquiry. On the other band. It th
gift are of exceptional value, which I not
believed to be the case from the newspaper
reports, then they may be deposited In the
Smithsonian Institute in this city.
Will Mold Place Only Day or ,
When Colonel Sanarer Wilt
Be Promoted.
WASHINGTON, July II Colonel Thomas
Wsrd, chief of staff to General Miles, today
was appointed a brigadier general in th
regular army, vie Jacob Smith, retired.
General Ward himself will retire In th
course of a day or two, when Colonel
Joseph P. Sanger, Inspector general's de
partment, now in the Philippine, will be
come brigadier general.
General Frederick D. Grant, at present
in th Philippine, has been tendered com
mand of the Department of Texas and It
is thought her he will accept It. Thla la
th department to which General Smith
originally was assigned.
. i
Coart Determines that Oaleev Admin
istered 'Water Cnra or Per
mitted It tn Be Don.
WASHINGTON. July 12. Secretary Root
today aent to th president at Oyster Bay
ths proceeding and findings In th court
martial case of Major Edwin Glenn, Fifth
infantry; Lieutenant . Julian K. Jaugot,
Eighteenth cavalry, and Lieutenant Normaa
B. Cook of th Philippine scouts. .
Olenn was fouad guilty ot administering
the water car .to native, or permitting
it to be don, and was sentenced to on
month's suapenaioa from duty and fined ISO.
Lieutenant Cook waa acquitted on a charge
of giving orderg to kill thre Filipino prU
oners. The testimony showed that n Dad
glvea orders to shoot the prisoners If they
attempted to escape. The Filipino acouta
to whom this order was given thought It
meant to shoot the prisoners.
Ia forwarding the case to the president.
the secretary recommends the sentences
and findings be approved, but no other ac
tion be taken. It la believed the president,
who la reviewing officer la these cases, will
not make comments aa in the case of Gen
eral Smith. It is shown In the evidence and
reports that Major Glenn has performed
excellent service and has done much to
pacify the country where he has been In
Secretary of Treaanry Give Oat
Statement Relative to Certain
Newspaper Reports. 1
WASHINGTON, July 22. Tho .following
statement was made public at the office ot
tfc secretary ot the treasury today:
Numerous Incmtrlee have been received at
the Treasury department relative to the
truth or falsity of the alleged assertion of
Secretary Shaw that he waa In favor of
a five-year limit for service in the Treas
ury department.
The original newsnntier article and those
that followed It stating that the secretary
believed a departmental employe Inst his
usefulness after live years In the aov-
smment work were so ridiculously Im
probable that they were never dignified
by a denial. . That a great mxny people
have taken these articles seriously (ins
been demonstrated by the number of In-
?ulrles, not only from Washington, but
rom all over the country.
to avoid any other misconception of the
facta In the case It may be announced on
absolute authority that no such remark
or expression was ever made by Secretary
Shaw and that the articles purporting to
represent hie views as a headsman were
made out. or wnoie ciotn.
On the contrary It may be stated with
equal authority that Secretary Shaw la
heartily In accord with civil service in
every respect. As an illustration of his
attitude on matters of personnel, may be
cited his signing yesterday a set of reg
ulations paying laborer ani other unskilled
persona under the control Of the civil
service commission, removing thereby the
last bt of patronage at the disposal of
tne secretary oi ins treasury.
'Loan-shoremen and Other Empower
Him to Act Relative to Tlenp
of Marino Industries.
CHICAGO, July 22. In th bands of one
man now rests the decision whether a tleup
of the marine Industries of the great lakes
shall be decreed. This man Is President
D. 3. Keefe of the International 'Longshore
men, Marlnemen and Transport Workers'
association. Today as the result of a strike
of tugmen which has been lo progress since
April the executive body of his association
empowered him to decide whether the 60,
000 members engaged 1n loading, unloading
and operating vessels on the lakes shall
cease work to help the tugmen In their
strike against the tug trust.
If the decision be for a fight work will be
suspended on all the Iron ore, coal and
lumber docks along the chain of lakes.
The fact that the Licensed Tugmen's as
sociation was admitted to membership In
the 'Lonahoremen's association while it al
ready had a strike bo its hands Is taken U
taken to - Indicate that it officers expect
help. The tugmen have for some time en
deavored to get the dock workers mixed up
In their strike.
With the whole matter in his hands for
settlement it is likely that Mr. Keefe will
visit Cleveland Within a week for a con
ference . with: -officials of the Great Lakes
Tow!ngicom'pany.v Upon the result ot this
meeting will largely depend the future of
the strike against the company.
Should a sympathetic Strike be ordered
at' this tint th result would be most dis
astrous to lak commerce.
Attorney Charged with Theft Creates
Sensation After Famishing;
Necessary Surety.
OREENSBURO, Pa., July 22. The re
markable statement of Attorney William 8.
Byers, now under arrest and charged with
the theft of nearly 250,000 worth ot bonds
and money from old Jacob Byers, a grand
uncle, that he knew where the bonds and
money were located and that they would
b releaaed were th aged relative to prove
conclusively that he had a legal right t
their possession has created a new sensa
tion and amazed the attorneya for the
prosecution, who were of the idea that the
attorney would simply make a sweeping
denial that he knew anything of the prop
erty. Mr. Byers will not speak of his plans,
further than to say that h knows of the
whereabout of th bonds and money and
that tbey are in safe bands. Th ball bond
of $260,000 was furnished today by By era,
who spent last night In th cuatody of a
Seven of the wealthiest men ot ths county
are his surety. Byers waived a hearing and
it la probable that the case will com up In
th court next month.
Famons Brasiltaa Sehodnled to Make
evernl Airship Ascensions la
that Vicinity. '
NEW TORK, July 22. George Von L.
Meyer, United States ambassador to Italy,
and Alberto Santoa-Dumont, the Brazilian
aeronaut, were among the passengers on
the steamship Kron Prinx Wllhelm, which
arrived today from Bremen.
Eantos-Dumont. who Is scheduled to make
a series ot air ship ascensions near New
York, said he waa very glad to hear there
would be several competitors for the prizes
offered at the St. Louis exposition, as It
would stimulate interest In the building ot
air ships.
Abeat Forty Thouann Men la
York Involved In Move
ment. NEW TORK, July 25. The press commit
tee of th striking garment makers said to
day that all of the men employed In Its
branch of the trade are now on strike.
It was also stated that about eighteen
employers bad agreed to the demanda of the
strikers. Th total number ot men on
First Floor, near Basement. Housekeepers invited.
Rt.Rafill nrfli Puddings, Breakfast Food, Escalloped
3 fja IT a V I H Dishes, Fritters, Croquettes, Cutlets,
La 111 II XJ Dressings, Soups, Salmon Loaf, Veal Loaf,
Fish fried in Fer-fo, and many otbeti dishes are all delicious and
are all made from the same package of Per-fo.
Your grocer sells Per-fo, 15c. Recipes furnished.
Comular Corp Notified that Cap Hajtitn
ii U Be Attacked.
Three warships on the Venesaelan
Coast to Protect American In
terests There In Case
of Settle.
CAPH HAYT1EN, Haytl, -uly 2!. Th
local authorities her have notified the con
sular corps that Cape Haytien Is to be at
tacked by land and sea and that they can
not guarantee' the safety of foreigners.
Th consuls have requested that the
French cruiser d'Assas, now at Port au
Prince, be sent bore, but the French min
ister there has replied that the situation
at Port au Prince does not permit the send
ing of the cruiser to Cap Haytien.
WASHINGTON,! July 23. Secretary
Mo6dy, In a cablegram today to Commander
McCfea of the gUnbbat Macblas, now at
Colon, directed him to proceed with that
vessel to Cape Haytien tn response to the
request of the United States consul there.
Orders also were sent to the gunboat Mari
etta directing it to proced to Colon to take
the place of Machlas as soon as it has' fin
ished its present' work on the Venesue'.an
Make I Work for Xavy.
Vnusual Insurgent activity in the West
Indies and on' the shores of the Caribbean
sea' are taxing th resources of the Navy
department In the tnatter of ships to look
after American interests. A cablegram
received at the . State department today
from Minister Rowen at Caracas states that
Marietta Js , proceeding to ascertain tho
facts connected with the alleged blockade
by. the Venezuelan government at Its own
port of Carupano.
An attack upon Puerto Cabello, which
lies about seventy miles west of the capital,
is expected by the government, ind th
president may go there from Barcelona In
stead of to Caracas, aa originally Intended.
The three t'nlted .States war ships on the
Venezuelan coast are kept moving with
colerlty to put In appearance at the porta
where disturbances are threatened.
A indicated by. Mr. Bowen's cablegram
( to the State department. Marietta Is to go
to Carupano to Investigate the blockading
of that port by the Venezuelan government
Aa soon as It has finished this mission it
will proceed to the Isthmus of Panama
and keep watch. Thla shifting ot the war
ships in the Carribean partly accom
plishes a plan the Navy department for
some time has had In mind. Thla Is the
relief of the gunboat Machlas, which has
been at Colon for several months. The
officers and crew are worn out from the
continuous tropical service. The orders
of today will bring Machlas northward to
Cape Haytien, and when affaire there quiet
down It is probable that It will continue
on to New. York.
Two Ships In Venesneln.
The departure of Marietta will reduc4
our representation In Venezuean watera to
Cincinnati and . Tcpeka. Machlas . has a
detachment of marines on board, and these,
together with . f be sailors themselves,
stand ready to make up a landing party
th case Jt Is reeded, at Cape Haytien. Cape
Haytien is about 1,000 miles from Colon
and Machlas , will hardly, arrive there until
Monday. ' . ,'. ,. ,',;
Mr. PuIIdo, charge d'affa'lrs of Venezuela,
called at the State department today and
had a short talk with Dr. Hill regarding
the situation In' Venezuela', making the sec
retary of 'state' acquainted with the con
ditions in Venezuela.
Senor Pulldo received a communication
from Senor Lopes Barlalt. who Is acting
secretary of state for Venezuela while
Secretary Ferrer is with President Castro
in the field, saying that report that th
entire western part of the country was In
control of the revolutionary forcea waa un
true. ' Senor ' Barlalt " expressed confidence
that' the large army could keep down the
revolutionary outbreaks tn other parts of
the country, and that President Castro wll
soon accomplish the restoration of peace.
WILLEMSTAD, Island of Curacao, July
22. The United Statea gunboat Marlotte
sailed from Lagutara last night, having
been 'sent with Minister Bowen to Vene
zuela and W. W. Owen, secretary of
legation, on board to Investigate the situ
ation In the Orinoco district, which Is re
ported critical for American Interests, as
no communication has been had with
Cludad Bolivar since June 10. En route
the gunboat will take on Robert Hender
son, the consular agent at Cludad Bolivar,
who has taken refuge In Trinidad.
Little City of Camden 1 In
' Flames and. Entlr Plnce Is
' Threntened.
COLUMBIA, S. C, July 22. The town of
Camden, 8. C., with about 1,000 Inhabitants,
I reported to be In danger of complete de
struction by fire. The Columbia fir de
partment has left on a special train for the
acene. The telegraph office at Camden has
been burned and there la no chance ot com
amplication. ''
Th loss at 1 o'cflocl was $100,000.
The black .containing Ui postofflce and
bank la In flames and there seems no cbancs
of saving ons of the fifteen business build
ings la It.
At' S o'clock th fire Is practically under
Wnter Rushes Through and Destroys
Fields of Crnln Not Mock '
Damaged Before,
EORIA, 111,,'July 22. The Illinois Hver
reached the height of twenty-one feet above
low water mark ta ths government gauge
hero last night. '
At 10 o'clock this morning the dykes near
pekln on which are the tracks of the Peoria
ft Pektn Terminal' railway gave way.
Over 1,000 feet of track is gone and the
water is pouring through ths crevasse,
flooding hundreds of acres of grain which
was previous to the break not much dam
aged. . ; i.
Cleanliness and
Germicidal Precau
tions Paramount
la the brtninf f
There's not a faciW
Ity lacking to Insure
abaottrt eleaaltne
I during the , process.
The minutest detail
from malt-honse to
fllllng-room is rigidly
watched In this partic
ular. A fixed rule for
over balf a century.
(Non-Intorlcant) Tonlo, Druggist
or direct.
Ml rvaaarlas St, 1
Tickets 1321 Farnaiu Street.
wk lrf i
nt rilK HKSTKK'S F.
la KFS ul fialri I
lib lMribb. Takaaaate-r. laTaa!
Itaasiraaa SaWUMtiaaa aa latitat
Hon., Bij mt f.vr f)rijt, ar a4 4a. la
laiajn ft. Partlaalan. TaaWaiaalaal
an "Rollnf for Lalaa," IMia, T ra.
Un Mail. 1 .Out S.IM h
Drmflii , CaWaaaMr'lailaaira-
aiaauaa sara ruw ra
DnVn'O Woodward ft Purges,
Ua I 1 I Managers.
las BIG She
Wt tit Devil
Matinee Prices, 10e; Evening, 10c, 15c, 25c.
St. Joseph vs. Omaha
July S3, 24.
Game called at 3:46.
ase Ball
" Kan-tea-Haa-lr
Game called at 3:30 p. m.
Excursion Steamer
The Union Excursion Company's
Steamer Henrietta
makes regular trips from foot of Douglas
street, making regular trips to Sherman
Park, where there is tine shade, muulo and
dancing. Ho bar on boat. ajvuryUiui; aisu
Class. ,
Hours for leaving: I, 4 and t p. m.,
dally. Round trip 26c, children 10c. Nil
admission to Park.
Krug Park
By Muster's Peerless Band.
. Mount Pelee Volcanic Disaster ,
The Burning of Martinique, the Tnrett
ramlly, world's greatest Juvan;la acrobats;
Venetta King, Cornet Virtuoso; the "Pas
sion Play" and other high class free at
tractions. . . '
Krug's celebrated bottled beer adds
tone to the system aids digestion and
la pleasing to the taste, making It the
most popular brand of bottled beer
on the market and no well regulated
household should fall to keep 'a few
bottles constantly on ice it's an ex
cellent thirst quencher tor these hot
flays better order at once.
1007 Jackson St. 'Phone 420
and 63d St.
N. Y. City
... -. ...
v.( 'A.J
Fireproof Modern
Moderate Rates Accessible
lEstoaslva Library Baelastvo
Orchestral Con cart JCvsry Uvanlna.
II Care s'aas lbs a.atvlre.
Send for oearrlptlvs booklet.
W. JCHNoON viiA.. p-.-netor.
taib and D.sslai Its.
OMAHA, fc.M.
Omaha s Laailin. Uetel
LUKC'rifcoN, i'trTY CiiNTS.
12:ao to 1 p. m.
SUNDAT :3u p. m. DINNER, T5o
Btaiirillv ln,-p..,ln hiul.... v. . .
. , ---- - - mm necessi
tated an nUrm!iit ot lbs oaf, doublius
Its former capacity.' "
10 minutes from heart ef city. No dirt
and dust, situated ou boulevard and lake,
at .1st tit. Ulvd., Chicago, bead tor lUus
Uld bookisl .
fWJB'. J-
ante this
i i M
i va