THE OMAHA DAILY DEE: SATURDAY, FKllllt'AUY 21. 1M03.
0
souvenirs of gen.
lotfKJtlt? Co'ec'icn in tie EitXEil
a- a!o panel of s'.lken rr embroidered
i In native d!rr.. moot of which were r-re-j
md'.J te Mr. Great by tb viceroy.
1 Frir.r Kscg ai5ed to t! Jad c-jp n
' riqulite little tit; of tbe szm .'one. '.o-
t,fh'T with larre Jan flowered with fruits
er.d vines Is gay primitive c.'ort. Flitting
- aieut re qvrly .iaped tat. that roust
rrleelea. Glf,. to ,1, Great f.pt.1.'': '" ,be r.MUon of even 4
Altno.t a ttriil of eas'ern superstition
TEUCS OF TOUR A.P0UND TKI VORLD
put you In danger of suspir on It I "
"No." she entreated wildly, "do you must
not! I can't let yon gt Iff certain death.
l-o you understand You tnjst not'"
"Tes. aed yet! must!"
He hai started forward. She barred bis
way with o-itstretchel arm
A feint. persistent tirsrbing Intruded word c. no' Don t I ran t lt you.
upca the quiet at Cm a trere trickle cf j Don't V be pleaded. letnely. " Don't tall "W hy." be aratied. 'I iray escape la the
tretnulois souzd. but dually gaining to', It th-at. W rail It ftt! service " 'confusion. And If I didn't r'taember. it'll
In War's Alarms
By LOU JOSEPH VANCE.
' (CcpyrtzM. 13. by Louis Joseph Vance.) j He quivered br.esth th lash of the
Irons Almest Every Quarter
f th Globe Fill Fewr
Large Cases.
(pcti OTer ose at so close a cottart with
a H.ndoo Idol which. General Gnat wag
teld. poesessei .nysteriou poire r and vn
ovr IS-'O vars old. This stra'.l dark
kfc-
W.b!S,to It Indetted to late Mr. . j ,,c' ' "W'" a Ub1'(1 "L'
V. i. Grant for tome of the most mtere.t- ! ml " ","d 11 " glT" ,Vh 'D'
lag souvenirs cf General Grant's tour
around the world, relate tbe New York
Tribune
a frce druir.mirr. tkn ittllei the bome'.y
coisrs of the niglit.
The g:rl stirred uneasily In br sleep
and sighed; then audibly found beraelf
erect In fcer bei. tenely awake and palpi
tant with aiaraj. The familiar darkneaa
of her rcro ateied a a protecting bul
wark, but from beyond from far In the
north. he Judged catre iih Increasing
nl
tr a Hiadon tf.chrr it. re of the ,rreJ ! Intensity that heavy tan-.mericg upon the
t'Ttirlf. 1 P''- ne arose quun.y. nrurr.itg wim
-.u. ..i ...v-j ! a racue far. and made her way to the
Theaa gift, which hare ,or year j , . inlc Jh-r. to lean far out. liteclng with
W Included la the loan eihiblt at tbe , .a,.,n, -t. ldoi M I qiickering heart. Talnly .training ber
National maeum. make a ccllee-Jon large ' '.!r. r' 'a? 'ni " ; ere. aaaintt tbe dense blacknea. cf the
9iams .iarar o9ii
. Siao I. rprentel by a email temple ef
eiquia'.tely wrought nlvcr. ty lory boxe.
enough to Cll four great gla. ca.c. and
ao Tar'.M in character a. to represent al
most eery quarter of tbe glebe. The
amalle.t eihltit la a Jade cup. tbe tlie and
eolor o a wild duck a egg. aad not much , atd a cup and uuptr made by the royal
band. of tbe "accond" king
Piam. The "f.rf king approprl- j
ately recegnlied General Grant's fondnea
for .mcklng by a gift to b:m of a cigar
box of solid gold, beautifully engraTed
From Eiara a'.ao there are draperies from
catlTO looms.
An engrarel dinner card of silver re
call. Mr. Grant's interesting reminiacence
of that royal banquet given by the "first
king, tbe absolute monarch of Siam. who
extended the Invitation to General Grant
Immediately after hi. arrival. The center
piece of the dinner table constated ef tbe
three-beaded elephant which belong, to the
arms ef Siam. and tbe solid sllTer aecrlce.
which w. bought Id Exg'.and, cost, so the
king told Mrs. Grant, 10.000. There were
two bands, one for native and tbe other
for European music, and as they occasion
ally Infringed en each other's musical ter
ritory the effect was surprising rather than
sweet. The Siamese officials present wore
coats of gold cloth, encrusted with em
broidery, and In addition the kisg wore
the family decoration, a big star with a
diamond center, and with each of i s nine
points set with a native stone.
An Interesting feature of the exhibit I
the collection of medala and coins. These
almost entirely fill the floor of one case
and tbe pyramid In the center. Placed
closely together on the dark red urface
are many queer-shaped colna representing
tbe currency of Japan. They bear no re
semblance to American money, not on
of them being round, nor any of them so
small as our silver dollar.
The boy stoo4 bfore her with bowed be but cne relwl tbe ls '
be.d. He seemed Terr young, most unfit j "Ah. don't : I I yoa "
for a perilous mission. FretenMy she j She looked up arr"liBf. timid, shrink
qtjeried. ber tone still one of loathing: Itg. and deep 0 ber eyes be saw the k!nd-
' How did you get In How long have j lire of what might be a great light, giow-
lng stealily. A mighty wave of tender
ness and dire caught and f!1 nigh sept
him off b.a feet. He lor.gel to crush her
within bis arm, to bold close to him that
slender form vibrant with the 0ft awaken
ing ef a trg n hart.
And. afar, hcaor and duty failed.
thicker than Its shell. It was one of s
ral presents from Prince Kung. who was
regent of China at tbe time cf General
Grant's rtslt tp the Flowery Kingdom.
The largest specimen Is a buffet, so pon
derous la Its magnificence as to teed a ease
to Itself. This medium, through which the
eltltens of Pueblo, Mex.. expressed their
appreciation of their w-arrlrr gues. is com
posed of clond-tlnted onyx, veined with a
dotes eolor. and mounted la dull, carved
(brats.
The collection occupies 'h most con
spicuous position la tbe main hall, and the
first object to attract tbe eye upon entering
It a marble bust of the great soldier who
gar victory to the union and peace to
tbe vanquished.
Shoulder strap, buttosa. hat ornamenta
and epauleta. grouped in the order In
which they were worn, serve as to many
atepplng atones to the heights of military
glory to which the hero attained, and there
Is a battle-stained uniform of a lieutenant
general which looks aa If It had gone
through more than enough to earn tbe
gold-fringed epaulets of the general of tbe
army, that blate in a gorgeous heap near
by. These epaulets, which were worn by
Grant after the civil war. have crescents
ef aolld gold. The devices are five rayed
stars of frosted silver, with tbe arms of
the Cnlted State embroidered between.
Forelatta Trophies.
Conspicuous among the trophies Is the
first gift received bv General Grant when
oa his world-wide travels. One can almost I
recall that Jrne day when the lord mayor
presented the freedom of the city of Loodon
to the great American, ao eloquently does
the caaket la which the certificate was In
closed bear evidence of the day. The box
la of rich, warm gold, elaborately carved
and engraved. On one of the aide panela
la a view of the capltol at Washington,
with General Grant's monogram and the
anna of the lord mayor at either end. The
revert tide show the entrsnce to the
Guildhall. The cover is surmounted with
the ansa of the city of London, and the
four supports are American eagles in gold.
The ends ef the box are adorned with four
Inch flgurea la gold, each bearing aa
enamel shield, one representing the republic
f the United States and the other tbe I
nty of London.
Among other caskets representing the
-jeeoom ei ue cities oi ine tnnea sung- ,n tn, i,-ht, m. t h.d toU
om. the most curious k that preaeateC ! tht m horse put on tBe
Out of the volume of sound leaped sharply
the clatter cf tbe leader, the pursued, driv
ing madly don the slight decline to the
creek, the rtaorjant booming at he crossed
of i the bridge; clatter again as be breasted tbe
rise. As he neare-1 the bouse there seemed
to be a momentary cessation of this sound,
wherein that of the pursuers rang with
terrifying prominence but only for the
fraction of an instant. wba ccce more the
boofbeata of the fugitive took up the domi
nant note of tbe unequal duet. soon. how.
ever, to yield to the rushing roar of those
who followed. An Invisible whirlwind
swept past, a very nigStmare of creaking
leather, clacking hoofs, and faded rapidly
into the distance.
For awhile she remained at tbe window,
quiescent, but definitely troubled because
of a hat the incident might portend. What
could It mean (she asked herself) but tbe
coming of war that aar which hitherto
had seemed so remote, so almost unreal at
times?
And if not. why then had tbe perennial
peace of the Valley Farms been broken by
this hideous clamor by night, thie flight
of fear from the lust cf blood? If war
was to come what should be tbe fate of
her invalid fathrr and herself? It could
not surge about them, she knew, and leave
them unharmed.
A Cash of vivid Kgbt Illumed tbe land
scape, i heii came crash upon rolling crash
of thunder, and tbe rain In torrents. Sbs
crept barefoot over the cool, wide ball to
the door of her father's room, where she
crouched for an hour or more, listening for
his stectorious breathing till at length the
storm had spent Itself and her fears were
atllied; be had not waked. And so to her
bed and the salft, tranquil sleep of youth.
She was roused by tbe singing of bugles
and the atir of drums. From her window
as far as the eye could see the Talley
saarmcd with blue-coated soldiery, regi
ment after regiment, pouring in at the base
I of Found mountain In the north, pressing
! steadily toward tbe Gap in the south. Tbe
. . . I earth vibrated to the tramp of many feet
Whenever I hear a r.ce horse story I ; , Uffie ,p fifel anJ dru:ns And thw.
recair ao experience i oai a tew years ago
at a certain track In a southern city, and
you been here?"
"I came In list tight, to escape the
storm. The kitchen door was unlocked, you
know. The Tanks mcved sooner thsn I was
looking for." He fa!terl. but went oc:
"They mighty nigh caught me; must have
chased me ten miles. My horse was giving
out, so I slipped off near here and sent
him on." He smiled t the recollection of
the trick.
"Tou must go."
liwik w an .-nl!
"Instantly." she coc-rinded. "Or 1 11 cr to delay-but-"
A crushing volley of musk'ry brought
him to his senses.
"Let me go.'s he urged. "Let me go.
I should have gone when you told me to.
SUPREME COURT SYLLABI
The fMKwirg cplnlons will be orTVial'.y
reported t
In saainst OrTee Appeal fro
Si';.i Judgment. IVunJ, t. . lMvislon
1. The jvwer of the court tt decUre es
taMire.i J ;rl-c .( the e -mrmn It m-
lll.'iv to thie stale h'Jld be usel
orr.tr.at S(arit.g.y. ar il Its eieclse l not
to be Jju..J ur.iess the lnpp:l-)rni:tv ol
the ru.t- is gnt-rai. ettrmlir.c t tbe whve
cr the grea'.rr pjrt of the slate, or. at ieai.
to an area csfabie of definite judicial a
certatnmer.t. Z The f,itmn Hw rules an t the rights
and d'ltlfs of rtianan owrers arein torce
in every part of the state except as altere-t
or m Uir.eJ by statutes.
X The crrrtnon law dce rift give t a
ri;anan oner in abeniute and exclusive
right u the rw of all the water of the
stream In It r.at-jral s-ate. but only a rtaht
to the be"-ft and advantage ot the water
flawirg jaet his 'and so far as consistent
with a l.ae right in all other r.pariao wri
er
areTHC BEST
Sf$tbtan$ only are used.
Extra care exercised in blending.
Cocca shells and dirt are remove j.
Adufteraticr.s rot permitted.
Use f mostiTpreved machinery.
Standard of merit-our watctmord.
ILndlfsswichfjhessdurira n.ey!z'nt.
Jbtfro r.cr ."at c'er
ANTICS CF A DOPED HORSE
ii
Lnwped the- Loop ow Rare Track
amd Raw Rlsa-a Arsaad Ilia
roaapaar.
y Dublin, which It appropriately "made
af bog oak. The trunk-shaped desiga baa
for Its straps bands of duaky gold set wlti
amethysts, malachite and rock crystal. The
tlty ot Edinburgh chese for Its metal a
richly wrought silver bearing the coat of
arms of that city and of . the. Catted States.
That of Glasgow Is of gold, etched with
International devices.
rll-nlw ef Swwrda.
There la aa Interesting display of twords.
which Includes a Toledo blade presented by
the Spanish republic in 1571. It hat aa
Ivory grip and a guard of steel. The blade
bears this Inscription: "Belmont, Donel
son. Shlloh. Vlcksburg. Missionary Ridge,
Spottsylvanla. Richmond." The ateel scab-
arid there! on every hand wavered and
flapped, rusty, blood-stained and battle
rent, the flags of her country.
j Presently a veteran regiment swung down
j tb.?. pike and debouched into tbe field op
I posite. making way for a detachment of
cavalry which passed at a rapid trot. The
oa the horse 1. concerned. Incidentally. I cro9e4 A doM,n foowc1 ,
had a mall, pecuniary interest In the event j h f reg!mt prMsM tU,ut the
in question, and I had made the bet with V1,h ..fc
i . . u l u w u ins. " i . , l iu v.
She dressed hastily and deseended to the
kitchen, where she found a highly excited
in connection with an event which bad a
doped' horse as one of the contestants." j
said a man quoted by the New Orleans
Timet, "and since that time I have had 4
fairly good working Idea of what It meant
to 'dope' a horse, in so far as tbe Influence
at enormously long odds, weald win the
race In which he had been entered. I made
a small bet. a bet In keeping with tbe
amount of faith I had In the horse's
cbancee. - and awaited results. The old
horse finally waltzed out. He was an un
gsatniy member, and honestly I hatet to see
tbe horse go up against' the game. It
looked like a shame to me to run him
against at fine a looking lot of tteeds as had
been entered la the race. With the excep
tion of the old plug I had put my money
oa. It was as fine a looking binch of horses
as'I had ever aeea oa a race course, and I
bare seen some food ones, some of the best
In the business, aad besides I am a fatrly
good Judge. It was a race for a mile. The
bard Is ornamented with gold and enamel ; res galloped in front of the grand stand,
aad Inscribed on a scroll work In ribbon I 1 " Probably tbe only roan who had paid
design are the Immortal wcrds cr the nT toB to the old plug. i tbe
soldier-president: "Let us hav. peace." j notice I gave him was due to the
New Tork's great Metropolltaa fair ia ( TnP!By I felt for to pitiable a epecimen
ISM Is recalled In gracious fashion by a I ' hoTB Be,n- Thfr finally lined, and
sword presented at that time to General
Grant by hie friends at the fair. The
after a few preliminaries the fisg dropped
and they were off in a bunch. I turned my
straight blade has beveled edges etcbed j b'"'1 OT I didn't care to have my
with military trophies and other designs.
The pommel of gilded silver Is Inlaid with
diamonds, rubles and a aapphlre. Tbe bilt
la of oxidired silver and tbe silver stabbard
la engraved with Grant's came..
The admiration of Japan and China Is
made evident by the many tributes pre
sented to the general by these sitter king
doms 'of the east. The citizens of Yoko
hama testified to their appreciation with a
pair of large bronze vanes inlaid with
Bower, birds aa! butterflies in deeper
bronze and gilt. The ooter carves of the
urn -shape bodies show figures and nature
scenes la the two metals and the handles
are formed of serpents colled on branches
sf sharp pronged leaves. The people of
Japaa also gave to Grant a large picture
ef a gayly plumed rooster aad a hea la
sober browns. The fowls are worked in
. silk oa white crepe and mounted on a
lacquer frame
sympathetic nature wrought up by the hopo-
lcsa struggle of the c!d plug. I walked over
to the bar and took a drink. I heard the
crowd yell, and it seemed to m that the
grand stand would split. But the horse-t
hadn't come In. Directly the crowd yelled
again. StiU tbe race had not finished. My
curiosity wat aroused. I walked out to see
what the matter was. There was another
cheer. I heard something buzzing down
tbe track. But the bunch was Just round
ing at the three-quarter post. Down they
came Into the stretch. I could hear a wave
of excitement developing in the grand
stand. Something shot under the wire like
a cannon ball. It was all over. The horses
were well bucched, with the exception of
the first one ia. He was four lengths ahead
of the closest horse. It waa the plug. Did
he win? He ran arounJ the track four
times befcre the other horses could make it
once, looped tbe loop, aa It were, aad whea
U Hung Chang, the viceroy of China, who be came ia the last time yea elmply couldn't
expressed ia words and gifts his great ad
miration for the American general, in whose
military greatness he found a resemblance
to himself, gave, among other things, a
pair of China cloisonne vases, which he
presented at Tientsin. The large porce
laias are ot dull blue and red. with mvthlcal
fishes swimming la wave llaea of gold.
There Is also a pair of gray crackle ar
bowls set la tripods of dark wood, which
Bad a resting place on one of the onyx
slabs of the Mexican buffet. A lower sec
tion of one of tbe cases Is filled with rolls
f Chinese weaves, some of gay colors,
threaded la gold, and others of dark huea
see him. he was going so fast." "That re
minds me of a friend of mine who died dur
ing a vtry excited dream." aaid the akincy
man across the table, and the conversation
shifted to other things.
RELIGIOtS.
The Boston Pilot says there are ll.uW.3D9
Catholics In the United Stales.
negro cook rigorously repelling tbe humor
ously amorous advaaces of a tattered scamp
a sergeant by his itripes.
"G" 'long now, you. white men,"" the
thrilled. "Ah ain't got no ordehs. Ah done
tole you. Dinah 'd do mot' anythin' foa
uh union sodger, but she aia't got p "mis
sion. Gwuffum heah, ah tells you!"
"Aw, but Dinah dear " the maa begged.
Then be fell back, removing his cap and
bowing as the girl entered. "Excuse me.
Mi"
But the girl interrupted him.
"Dinah, cook everything yod can. Make
coffee have 'Lige bring up hams front the
stuoke house, and "
" 'Deed. Missy Betty, Dinah will. Ob,
thank de "
"You're most kind. Miss," said ths ser
geant. "Kind:" she echoed. "What why. rou
poor boy, you look Itlf starveJ"
The man smiled; be was at last 'en
years her senior.
"We sre." be confessed; "a eight msrch
sharpens up appetites fearfully. We can
only thank you now, but III e that jou
are paid." i
"Indeed, you must do nothing of the
sort. This is the least we cau da."
A negro boy tugged at her sleeve.
"Miasy Betty. Massa wants yo'."
When she re-entered the kitchen It was
deserted but for Dinah. The last solder
was disappearing around the corner of the
house, bcth hands full, munching as b ran
to rejoin his command.
"Dinah, I think you'd better tell 'Lige
to ride over for the doctor."
"Lawsy. Missy, he ain't wuss?"
"No. I don't think he ia worse. Ke is
excited and Irritable; he wor-ie about
Fred, you know. He blames trt lor letting
hira go. Poor father!"
"Poor lil Missy:"
Suddenly her eyes dimmed and she tied
from the servant's sympathy. She stood
irresolute In th hallway until presently a
sanctuary offered and she went to It gladly
a sacred place, ever Inviolate from sun
light; quiet, cool, fragrant with pot pourrl.
It had been her mother's room.
Panting, she sank upon the bed. The
stinging pain cf her father"! injustice, love
and pity for him, fears for hit safety, for
bis life. even, in tbe impending struggle
which trembled Ip the air; these stirred
rouse tbe house."
"If I'm caught and I can't escape now
you know what It meant '
"They will kill you fcr a spy." Her
voice wat harsh ard cold.
"They'll shoot me." he said, simply.
Tcu deserve It."
"Do your Tankee spies ieserve it""
She turned upon him Indignantly. j
"How dare you!" she flatned. "How dare
you ak me to be a traitor to my country?
Who are you what are you? you! to ask
such a thing of me? Wht Is your life to
me compared with the welfare of my coun
try? Go! Are you a con ard as well as a
spy?"
"I'm no coward. There I reckon you've
said enough; I'll go." Hi rolf-e shook.
Life seemed to him most sweet. Just then:
he bad seen so little of It. bad planned to
do so much that was great and. noble. To
be cut off now He saw himself as
be bad aeea so many others; a quiet bunch J
of rags, perhaps moaninc. perhaps most
still Oh. we'.l. at least he could
die like a man. He drew himself together,
his hand upon the doorkneb. The din out
side came very loudly to h s ear. And now.
from far in the south byond tbe Gap
came tbe sullen boom-boom of csnnon.
"The battle's on!" he cried, his tone
thrilling. "And I "
"You are here spying! hen you might
he fighting with your regitrent!"
"Don't say any mere. I am going now."
"Walt!"
He paused with hope In bis eyes.
She bad undergone a swift revulsion of
feeling. There bad come before her mental
vision a picture of her Fred, her brother,
in a like position. .' But then Fred would
never be a spy. B If be were ordered?
Would he not hve do a. hi. superior,
thought best? Her own brother
shot tor a spy!
"Don't go," she filtered. "I can't send
you to your death, even if you are a rebel
and a spy. You may stay for awhile."
"I'd rather to." he told her proudly,
"than s:aydesplsed."
"But but what can you expect, sir?"
"But Oh. consider! Can't you under
stand that I'm doing thia tor the love of
my country, my people. Oar cause Is as
real to ua, believe me, as Is yours to you.
You wily, you'd do anything for your side;
yeu'd play the rpy yourself! Tou Yankees
don't seem to comprehend that we of ths
south are fighting for things as sacred to
us as you hold yours our homes, our
mothers and sisters, our rights! I am cot
a spy because I want to be one; it's dirty
work for a gentleman. And T'm a Colton
and tbe Coltona are kqqwn as gentlemen.
But I would do . worse,, were It necessary
and I was called upon;"! He stopped short,
trying to control himself.
He had not thought to defend himself, he
had not tried to Justify his course, but he
wanted thlt girl to understand. Somehow,
it seemed worth while that ahe thocld be
made to understand.
"Then you Cidn't do thl because you
wanted to" she breathed softly, with
something very near to an eagerness In her
tone.
"No. but I volunteered. I had to. you
see. They called for a volunteer, and ao
one else answered. So I had to."
"And they let you go?"
"Of course."
it rou're only a boy."
"I'm 15 old enough to die. I reckon, and
and not be m'ssed much. I'm only a sec
ond lieutenant, you know, but they prom
ised me a captain's commission If "
"Not be missed?' Iant there anyone who
cares tor you? No mother, no sisters?"
"No, no mother. I've a sister, but mother
he's gone."
Though she could not see for the gloom
the tears that filled hia eye, she did see
blra turn away to hide them, and beard
tbe quaver In his voice. Motherless herself,
the girl's heart went out to the boy.
'Tm so sorry," she said, tenderly.
"Thank you" with a gulp that sent the
hot flush of boyish shame to bis cheeks.
"Well. I better be going now."
"Walt, and I'll alip downstairs and get
you something to eat- You're hungry,
aren't you?"
"Very. I haven't eaten since yesterday
afternoon. I've been busy." be added, smil
ingly. "Promise me you won't pin away?"
"No fear ot that. But. remember, your
are furnishing aid and comfort to an
enemy.
"Indeed, and I'm not!" She paused at
the door and looked back with Just the
slightest touch of coquetry. "You are a
prisoner of war. Tou are my prisoner."
But when the gallant words came to hit
lips, she was reoe.
He began to pace the floor impatiently.
his blood as fire In bis veins. Oh. that he
Yes." she whispered.
' If this war when It's over it can't last
forever. you know when thing are
straightened out well, we won't be cce
mie then, will we?"
"No."
"And I may come back If I live"
"Ye." she breathed, and h'jng her head.
"Go. if you must, and com back if you
care to then."
"If f care to! But you ?"
She made no answer, more than to smile
bravely up at him. He sto;ped and took
her hand, humbly pressing i; to his lips.
They were very young. Entrance and
the love cf love were strong within them;
life might be long before them, and
golden.
There came sbcuis and th- clatter of
hoofs, the heavy rumble of artillery. A
battery dashed Into the yard and unllm
bered behind the wall. Therea':r crash
which might be ieJ on riparian '.amis, b-it
not
4. In regulstlr.fc the use by riparian omn- , ,rMm n.,mln over u or iluna :t'iord-ra
era the law cistlrgulshe between ihoe -, h. f riurin !i,d rn,.i in
m"des of use wmrh ordinarily Involve trie
taking of smali quantities and but little in
terterece with tne stream and thos- which
ne-eanl- involve the taking or diversion
of large guan'itieo and a considerable In
terference with It ordinary course and
flow .
5. The purpewe of the law as to the use of
water by ntariin owners l to sreur
equality therein, as ner ss may be, to
eacn. requiring each to exercise hie
rights reasonably and with due regard to
the right of other riparian owners to apply
ine water to tne same or other purposes.
r.y event exceel th- arra it-o .1 r-0 by
single entry or purv-iiaee Irom he govern
ment, snd whrther Ir. i w ( ihr lu.K y of
the goverr.irent in the .ii's:tl :i oi lis
public land such rii ari.m !ar.J in e-ee,i
the smallest Jetai sutniiv .ion o? a ..iun;
that U. forty aires, or in lieu thereof, if ai
irregular trj.t. a tWittnated ruim'r'-d lot
w hi h l tH'rdfr.J t y a i.atural stream or
over which It i1 . ia rt
IS Tne two (Kxirlms -f water right, or
the right 'f a mmrun ;rovntnr. an i the
other the right of appiMr.auon :! tpp.i-
tation tj a ter.ncii .ie ty a jvm-r -r:an
. n i r . i uinn raij na i'i ii om , owner, nut exixt In tin s;te at ire tame
a stream fvr purrK.ee of irrigation. Hut , t,m ,nd dl, ,xlM .onrurr- nt v .n tm
his use of the water frr surh purpoee must ptate
be reasonable with refern. e to the size.; , j-fi common : : u of ri.ir.au
situation and character of the stream, the rl.nl8 m underlying and lu:i1jtnti!.il n.l
use to which It water roar le put b . fce precedence ot appropriation o! :tr
other rlpartin owner. ih -on of the ' 1( j,!-(,.r n alirie
year an.i the nature of the tegion. and he tf The rlinan owner arri'rr. title t.. his
must r.ot In so doing unreasonably diminlsu ,,.,,f.,,i,.rv ir.t,.rr m -he mai.r h
j or whol!) consume such water to tne tn- sur the land to' which It an .miuet t.
jjij oi oui-r owner. n"r so aa 10 prevent n) xt,r tt,pri priatjr acquire title In a,.-reasnnablc-
use ot .t by them I pr..prlatlou aiM the appiUataTi ol the
i. What le a reasonable ue of water for ,tw t ome beneficial Ti:e tim
irrigation is largely a question 0f ,art. de-I m h,n e),nrr r.nt attain. ii. lorc.i "t g tti
pending ujrt he circumstance of ai h , t:,rrnly of title a. tttneen conrt'i lng
case, and one which may be viewed with j claimant
some liberality In aeml-ariei region, where; ,n Te Irrigation a" of and
use for Jvh purpoe neoeri!y involves : abrogated the law of prnate riparian rignts
much loss, but maste. nee-die diminution a, tberetotore c-xistmg. and jftiiuii In
or total consumption .f a stream, to the In- itr a law providing for :h at pro-
jjry of ether, w clearly unreasonable. .ira;K,n , tr,e public water of 'he s'a'S
S An appropriation of water by ' equat- . an.j ,b,.lr a(..,i.raIjlin to ihe lenrfU-ihl -e
ters r ght. ' not recognized by the law of j ,h, rein . ur.i-niputed
tnis stare, the .ieci;on of Its courts, nor, ;sf -j hr i. !.;,, U, enactments referre.l to
any general, weil recoanised or widely re- I i ,., .ff, of i.ohiiv. eiet
ol go." she murmured. I srwcied custom therein. doe not by virtue i r.gi.m ,.f riparian proprietor but rT. ie,r
it a aafe to take rou to I .f "'c,lon Kevtsed iiatule I nited lnV ,urh rigbts as might have t-cn a:-
m Z a Mates, give to a settler who has appro- ,,u,ret in the futjre u'.der the law as tneze-
pened tbe door, peering printed water in that way for a less period lofore existing.
upon crash shook tbe house.
The girl gently disengaged her band.
"Now you cannot
"Walt till I ee if
the attic. She c
domn the stairaay.
A strong resolute voice rose and rang
clear above tbe din.
"To the house. Nineteenth infantry! To
the bouse!"
"Back!" cried tbe girl. The boy be
tated. By main force she thrust him ba k
and alammed tbe door, turning. At the
S. The court will take ; i iicial nott-
than ten years an exclusive right as againt
other settlers ujxn the same stream. ; tn rKct that since the early n t '.err.enm o
. tlJt a settler who ao approp.tatee water , ,h, western txjrtlor.s c f the state, a hen
and afterward duly enters and receive
patent to the land from the goverometii
may. as against other patentee from the
government upon tbe same stream, count
the time during which he appropriated the
water as a mere squatter in making out
the statutory period of prescription.
1 Appropriation or considerable quanuV
done without sensible Injury' to lower own
ers. doe not give a prescriptive right to
divert the whole strum In dry seasons.
'iT. Crawford e'ounty against Hath
away. Appeal from Dawes. Reversed,
with instructions Holcomb, J. Sedgwick,
J., concur separate'y.
1. The doctrine of the civil law with re
spect to tbe right of acquiring an Interest
In the use of waier by prior appropriation
ana the application thereof to a beneficial
use has never beone i part of the laws of
this state, and this without regard o
whether the doctrine was ever In existence
ae a part of th laws In force In the terri
tory acquired by the 1'nited State known
as "th Louisiana purchase.
I. Ine common law r.ne wnn respect to
foot of the stair an officer appeared, tall, j ties of water In eeasor.s when that may be
bronzed, manly her brother.
"Thl way. men!'' he cried, dashing up
He confronted tbe girl, gasping. "Hello.
Betty. Hoped you and the old man 'd be
in the north by this time. Didn't you get
my letter? Go to the cellar, you'll be safe
there unless they fire the house. Hurry!''
She stood with whitening face, staring
blankly. The front doer was broken in.
and through it swarmed a .seating throng.
Short snapping reports split the uproar.
A man threw up hia hands and. cursing,
lunged forward through tbe doorway, fail
ing motionless. Inert. His blood slid
thickly oTcr tbe polished floor, forming a
little pool.
"Out of the way. Betty! Men. take this
room and barricade the windows!"
"No. no," she pleaded. "Not there, aot
there!"
He threw her aside roughly and the door
wat thrown open, and the officer paused.
Calmly a lim figure stepped out, a revol
ver gleaming in either hand.
In momentary dumfounded silence the
maa't band moved slowly toward hit bol
ster. "Toa surrender?"
"Ill die first!"
The boy sprang forward' The man's arm
straightened quickly. The girl struck It
at he pressed the trigger and the shot flew
wide.
"So. MUs you've turned traitor!" He
puahed her from him and stepped back,
drawing his sword. The boy dodged aad
hit him suddenly between the eyes. He
fell heavily against the balastrade.
The boy threw himself down the stair
way, a target for a score cf thots. He
reeled slightly, but plunged forward aad
out upon tbe lawn. In a moment, he had
gained tbe wall to be .wept tack instantly
Irrigation has be-en found esntui to sue
cessful agriculture, that a lusiom cr pac
tice bas of appropriating a.)d divert
ing waters from the natural cha-.ne'i
thereof Into Irrigation canals, ar.d the ap
plication of such waters to the toll lot
agricultural purposes: whether vesfd
rights have been acquired thereby must
depend on the fact and circumstances ai
disclosed In any particular case.
t. The right to the use c f water whn ac
quired by appropriation is in Us nat ir t
propertv right and become a Ji-eri r am
better title to the use and enjo)ment ot
such water than that of a riparian pr.,ne
tor whose right attache eubsequently.
U. The act of congres of July !W.
granted to those appropriating water on
the public domain for agricultural purpo' s
a right In and to the use of such watert
when made according to local customs oi
when such right la recognized by the lawi
of the state or tbe decision of the c-urte
3. The act of 177. S-i"n I-aw of 77.
page ltt. was an Implied reoogritlon cf the
right to appropriate the waier on the pub
lic oomain accorair.a; to ine run 'm pr-ta;i-
the rights of private riparian proprietors I mg n the aril states imme11at-'y viect ..!
has been a part of the laws of the state
ever since the organization of a state gov
ernment. i. It cannot be said that the common law
rule defining the nghus of riparian proprie
tor is inapplicable to the conditions pre
vailing in the state because Irrigation is
found eeaential to successful agriculture tn
some portions thereof.
4 A riparian' right to the use of the
flow of the stream passing tn rough or by
his land is a right Inseparably annexed to
ine soil, r.ot aa an easement or appurten
ar.ee, but as a part and parcel of the land,
sjch right being a property nght and en
titled to protection aa auch, the earn aa
private property rights generally.
i. The legislature has not abolished, nor
does It poeesws the power to abolish, the
r.ghta of riparian proprietor which have
become rested, except as auch rights be
taken or impaired for a public use In an
exercise of tbe power of eminent domain,
for which compensation must be made for
the Injury auMained.
. The provision of section 41. article II.
chapter xcliia. Compiled Statutes for Isoi.
and of section Jl. article i. Constitution,
authorize the condemnation of the right of
a private riparian proprietor to the use and
enjoyment cf a t.ei ural stream flowing past
hi land or its fjnpairment by an appro
priation of such water for trrigration pur-I-oe.
and such riparian proprietor may
recover damages In the same way and sub
ject to the same rules as a person wrhoee
property is affected injcrionaly by the con
structlon and operation of a railroad.
. The Irrigation act or l authorises snd
by a horde of tren la gray and butternut, regulate the appropriation ot the water
The rebel yell thrilled upon the fir. Men of the state tor irrigation and other pur-
, , ' . , . ... .a ... i poeee which are declared to be a public use
drunk with the Joy of anticipated victory rrV,n ,akin aooronriatlon of waters a.
shouted and capered a. they charged. Tbe contemplated by the act a riparian owner
door, and window, of tbe house spat fire I who,TJrort.5r.,rt,f "J1" "p" "pprorlV'd.or
lUlfKlim 1 Til ' 1 I It u t . ' 'u. tnr uiill .v., I I1C
injuries actually eustimea, 10 oe recov-
her. Her mind turned to her absent 1 fght with hi. command, rather than here
aad .wift death. The line withered red
wavered. The yell died out. The line fell
back, rallied, again wa. driven back, com
pletely shattered. Men fought as wild ani
mals to cross the wall, frantic to escape
that hell of .laughter. The boy. as he
reached the top once more, turned and
faced the house daring, gallant, debonaire.
He could see her plait.. y standing In the
full exposure of the veranda, absorbed,
fearless and so sweet. Something very
like a sob rose la his throat. He would
have waved her a kiss, but the hand that
went toward his lips, stopped at hi breast,
then came away with the handkerchief ber
handkerchief crimsoned with his blood.
He swayed for a moment, then lurched for
ward, falling upon hit face.
a
Slowly, weeping and shuddering, she came
to consciousness.
The battle had passed on and out of the
valley. Mid-summer silence brooded,
broken only by the shrilling and rasping of
insects.
Instinctively she covered her face with
ber hand.. She must not look, the could
not bear It " Ah. the pity of It!
She must not Resolutely
she forced her hands away. Her eyet
opened.
He had raited himself upon an elbow,
hia hand tearing at hi. throat. Somehow
she reached him and. pillowing hia head
ered In a suitable action or proceeding in
stituted for that purpose.
g. Ao to those screams of water flowing
through tbe state which may be classed as
Interstate rivers, and along the banks of
which meander ilnea have been run by the
rovernroent in Its survey of the public
land, the question Is left ooen a to
whether or not the waters ot such streams
may not be treated aa waters of navigable
rivers and to which riparian rights of an
rftntnlnr landowner would not attack as
sgainst the rght of tbe public to uee the
waters thereof by Its appropriation and ap
plication to beneficial purpose.
. While as an abstract proposition of
isw a riparian proprietor haa the right to
the rdinarv natural flow of a stream, this
rule would furnish no bests for eompensa-tl-jn
where water la appropriated for irriga
tion purposes: in order to entitle a riparian
owner to compensation he must suffer sn
sctual loss of Injury to his riparian estate,
which the law recognize aa belonging to
k reason nf hia rlzht to tbe us and
enjoyment of the water of which he is de-
T.n ved . . .
1. Cru : : i o j m , . -- r
right to the use of water of a sire-am is
limited to Its u-.e for dome tic purposes:
and If applied o the irrigation of riparian
anda. a reasonaDie uaw iot otn j,u.i
view of an equal ngnt 10 ue sewnimi u
II other rparian proprietors
11 The rght cf a riparian proprietor as
eucn to use water I' t ,i i iou ku1 k" -is
limited to riparian lends.
Z The ngnt cannot oe mrnorg ii isuu
contiguous to the riparian land nor can
water be diverted to ion-riparian lands
u. and the irrigdtion act of ! and lrv
expretsly recognized and pre.-rv-i the
rights ot thoe w r.o r.au appropnaiea in
public waters and applied them to agri
cultural use
S4. The duties or tne etui liosro or irri-e-atlon
as provided for in Ihe irrigation c
of 1S6. chapter Ixtx. Pension La. are ad
ministrative ar.d rot judicial; iw secuons
of the statute creating such board I not
unconstitutional a conferring Judloia.
pc wers on executive om.-er.
;.. n prre Iir nuimiri ui i- -on i. :!
rlihti m use or divert the water of a
stream by virtue of riparian rights, appro,
oriation. prescription or otherwise, a suit
In equity to determine such rights, and en
join ininngemeni. unuo coir unroi. oi
right acquired under ihe irrigation art.
mav be maintained to avoid multiplicity of
wit- . . .
74. The piamtirr in rirn sun m-y nun
to do equity by compensating ripariir.
owner whose rights are affected by the
construction and operation of a canal wlth-
ojt leaving tnem to ineir actions i aw,
a.nd In tnat wav the amounts due the sev
eral panic by way of damage may b-.
come a proper subject of Inquiry and ad
judication therein.
IT. The term ' domestic purposes" as u.l
in section 41 srtlcle it. cnapter xcma. com
piled Statute lor vnl. nas reierenoe 10 tne
use of water for domestic purposes per
mitted to the rlpartsn proprietor at com
mon law. which ordinarily involves but
little Interference with the water of a
stream or its flow, and does not contem
plate diversion of large quantities of water
In canala or pipe lines.
IS The common law does not give to a
riparian owner an absolute and exclusive
right to the flow of all the water of the
stream in it natural state, hut only a rlgnt
to the benefit and advantage of the water
flowing past hia land so far as consistent
with a like right in all other riparian own
er. - X riparian owner having a superior
title to the use of the water of a stream a
against an appropnator is net entitled to
maintain an Injunction to pr-vent the
diversion of the storn. or flood waters of
the stream and thereby prevent Its applica
tion to a beneficial use aa contemplated by
the statute.
. There is no such thing as a prescrip
tive right of a lower rijrian owner to re
ceive water as against upper owner. Re
ceiving the full flow of a stream for more
than ten years ooes inn Be i"roi'"vr
ght that will prevent reonable use of
" waters by an upper owner.
Brats All Its Hlval.
No salve, lotion, balm or oil can compare
with Bucklen's Arnica Salve for healing.
It killt pain. Cures or no pay. lie. For
sale by Kuhn Co.
might be yonder, even ia tbe thick of the I apon ber breast, loosened the collar of his
KEEP YOUR HAIR.
COKE
DANDRUFF
CURE
, and Hair Tonic
Makes ths Hair Grow,
Keeps the Scalp Healthy.
Sold Every her la
f I .eo and 50 Ceat Bottles.
i A. R. Bremer Co.. Chicag..
li.niV ha l1.hlnvil Ktavk Kln OT . I. afftj ... mA '
A l.rrcr ern uh.fi.K.i I.. - . r ib..,, - -" t
Zeitung reports the death of the Jesu.t 1 th aiy. runaway to the ware. She How long ahe was!
l ather Zoitoll in hi seventy-seventh year j had knots n that he was going snd had kept What If she should play him false He
He was one of the foremoM expert of our j i!ecre had deemed It but right that he J p.jsed. frowning, and dug his handa deep
dVro : l&nlTaZ: the" Sria ! - F h " ' Then he smiled; he saw
the Philippines to educate the native As if she did not care, as it. since n: , her again aa ahe bad stopped mere at tn
pnes'.i and promote them to higher offices departure, her life had not been one con- j door to say. "Tou are my prisoner!"
fL.;?. S.ZJ..l-., I -'snt prayer for bis safety. dainty, bewitching, a perfection of girl-
biahops.
it is expected at Boston that the poo
will thorny came a coadjutor to Arcrt
I ifehcp ll l.iiJirj in that archirpiscopal a-e.
The incjmbenl Is now s? years old snd
fast becoming physically Incapable of per
forming the aruuoua cities ot his position.
It ia estimated that there are about .-
in the I nltej States and they are r.ow " '
By degree she came to the relief of tear . hood,
and wept convuUively ; then ia an intam i A rjelm ef white in the shsdow of the
Iiy still, strangling a sob in her throat. uft cat hi eye ber handkerchief. He
acutely conscious of ao Intrusive presence, j itoefe( ,ni picked it P. holding It gin
She could plainly hear a rapid breathing. r,rT la hil wondering at it sheer
itarp and regular, so different from the ,,ure oimp with her recent tear. Poor
sett fluttering oi cer own. fne steeit-3
it
i little rirli What couid have made ber so
the terror which gripped , .1T,v.nnT. A e-,,eart tone to the front?
raising; for their an societies about i;.5i...j j her heart and rose, intending Sight: but I fjome wor'.hVss Tankee doubtless He felt
wrxJ&'iiztTtt: einent r waiVi chV J?:tTlLTl? atl' 'DdicMTe rr4 ,b" 'm,rn-
would double the receipt ana percas i in l- htJf ':Kht' ,oonif- " boT' j try lover. Then quickly, and without pre-
isu cgurr. car .ucaua uaia. rcedit a '.ion . he raated the handkerchief ta
fugitive Blf , He nBr1;. wa. ccnscicus cf
rr. jre i isn cgure. tae snranc oac.
Bt. Rev. John I Spalding. L. D., blhop "Fred'" she cried, grasping at
ot feona, in., whj 14 a member of the 1 1.,. ! 11 imi a.r-
n'hra.'CI rml aTr'k Mirmiu'.m V-a I"-
cived a uraque g:!t from ihe miners cf
blouse.
"My boy." Her Hps touched hit brow
toftly. "Can you live Can you"
"Liver" What life there waa in him
warmed hia eyet to adoration. "Live
His voice gathered strength. "Don't you
know a maa can't die after he's been
kissed like that Live, saeetheart I Just
reckon I will, now!"
Faint and .weet and clear tbe far singing
cf bugle trembled on the stillness. To
these two It wa. a. had been the rainbow
to the prophet on Ararat; God's token and
His promise for tbe future. And It held.
He lived.
rOITtU PAK AbHAPH.
It is easy to gauge a man s emptiness
when he la full.
The more a man Is wrapped up ia himse'.f
ha: I the colder be It
r S.MMIH.L isimiii.usii-w
tVcrarton. It is a mirtiture cathedral altar
carved out of anthra-lte. It w mad by
a common miner, i'tter Conway. b) has a
rare artietic gift.
The rcaiatenar.ee of the thousands of
enurchee in th I' rated States ciat last year
o.'- ui this amount the Maptmus
paid tH.lIS.Xe. the Epicoil churches t.s..
1M juo. the Cor.grrgatlccaiis'.s lij.Z'.i-").
Tbe PrFMjyteriar.s ol the rorth eapeooed
in the mait.ter.ance of church and for
church activities 17 ui' -o the Metnodlata.
north and soul a. All thas was
In aWH.on to the cutnp e'.lc" cf the twen
tieth century funo aggrt-gat l.-.g in Amen a
and Er.g.and 'ij.iv The americiti
Methodists secured ta. Hirt of this
amount, of which fsovj.'juo goes to pay
church drbta. 7.ta',.'' to chjrch rollrgea
and aeminarur ar.d the balance to aged
ministers ana okinnthrvpies. The Presby
tenaras of th north reived MUi. ine
Canadian Tklrthoduit I! Jae (sv. tb Can
adian Freebyteriana ft. tbe BntUh
n.e y tat U ' mi. th British i'ongrega
ttonal:s4a Sl.aw.ve and lb iiniUk baptist
ll.tju.VM,
"No cot Fred.
"Then then, who are you" Her voire
rji hysterlcal'.y.
"Quiet! O. fcr God's sake, quiet! Ah.
I btg your parion. but I couldn't bear to
bear yoa crying like that; you mustn't,
you know. I am sorry I have frightened
you. but"
"Who are you. sir? Why should I be
Quiet ?"
"Please! I beg of you' I'll explain.
I I aa here cn duty." The boy stiffened
himself and with a touch of youthful
bravado added: "I'm oa apecial duty and
I must aot be caught. It's Important,
really. No one chould know you woulda't
have if ycu hadn't cried ao."
She marked the soft lofiectlca of his
speech; a suspicion crystallizing ia her
mind.
A sty! You're a rebel syyl"
j he tad done, and he questioned aot why,
but s:ocd spellbound by the subtle frag
rance, ih des:re
When he looked up again, roused by her
entrance, be saw her beside the door, one
hand still ca the kneb. the other holding
a plate heaped with food. She aa. pale
and shaken, trembling, her breath coming
in shcr; gasp, her eye. aide and tcrr.ted
He dropped hi. hand to hi tide, crushing
the bit cf cambric ia his palm.
"Quick"" she cried "You murt hurry.
Our me a are betng drtvea back, and I moat
hide you. Tcu can 1 atay here it', too
daagtrcu."
"Where? Where la this house would I
be safer'
"I doa't know I don't know! But you
must not risk stsying hers. In my en
room. perhaiM "
"I could aot think cf It. What If I were
found? No, I xoust go. I'll caa&ce It- I've
Silence may be the wit cf fool., but they
tel'om have It with them.
The average man I. a good nurse when It
come, to carting a grievance.
. A South Side museum curiosity ia a man
who can talk faster than his wife.
Any womsa who speaks ill of her neigh
bora gives them license to get back at her
Practice it said to make perfect, yet few
doctors or lawyers ar models of perfection.
Never try to dispose of wedding presents
if you would preserve your confidence In
friends.
Tbe unexpected never happens. There 1
always some wise guy standing around who
says "I tcld you so."
Tell lil ( lr Vli.
Electric Bittert rare female complaint
turely and safely: dispel headaches, back
ache, nervousness or to u;. ivc. Fc
sale by Kuba & Ci.
4 Literary Hawd-de-Oa t.
"An' bow did you fare at tbe house cn
the hllir" Inquired Wandering Wi!!le ol
Meandering Mike.
"Fine!" replied th meanderer. "Th
lady gave me a little of most everything
you could mention.
"Not hashr"
"No; a pocket dictionary." ClevelanJ
Plain Dealer.
"iiisisraa , - , Asv "
- jts ,1 as-aTsxBTsTsxTMataT7 Te eVV-- - -
Instantly Relieved. Quickly Cured
By the) om of
r&3ft ttttiiTttn r
U.
A Soothin,C. Cooling. Healing Remedy
Reduces the Swelling, RemoTes all Soreness, Stops the Burring,
Draws out Ferer snd Inflinimation, Preyents Bad Odor, Stimu
lates the Ciiculation, Keeps the Feet Warm and Comfortable.
Policemen. Motormen.
Conductors, Clerks.
and all those who are on their feet a ptt. deal should always
keep a bottle of PARACAMPH in their homes for rise at night.
Glvww Instant Relief to Corns. Bunions and Frost Bite.
Wo Gutvrivntee every bottle to do
What we claim for it. If it fails your money will be refunded.
25 cent, M casts and Bi.oo bottles, ii Ail Good Druggists.
I
R I4LE VV KlHI T CU, 13TH tU DOlbLlI T, OMAHA.