THE OMAHA DAILY DEE! FRIDAY, JANUARY 8, 1004.
1
a -v j
STIR CAME WITH GOPHERS
Cornhwkeri at L'aooln Look Ahead
Veetinr Minnenta.
to
FOOTBALL, HOWEVER, ISN'T WHOLE THING
t
Trark Tram la to Uo Out to IlooHfr
aaa Manacera Are skirmishing
for Other Meets for the
Athlete.
I
-evening Ky Omh and Rlnux City tenm.
l'recenns; the regumr came the tonne;
Mi'n'i (..'hrtMiInn association Tigers will
pl.iy the high school tram. 'Following la
tM lineup of the four teams:
Omaha. Sioux City.
Cherrlngton . . .Flight forward PnjnT
HI x ton Left forward Det wilier
11 inxin Center Hertkj
Anderson Right guard Cummlngs
Wlllard Ift guard Hope
Churchill Hubs Moner
Referee. Nelson; umpire, lleck.
Y. M. C. A. Tigers. High School.
J. Hanson.... Right forward Patterson
ins Miller I:ft forward I'ott-r
V. Crelle Center Meyer
M. Churchill. ...Right gusTd Wnlh
H. Ralney Left guard Dtirkee
Kerr Subs Lindsay
Clark
LINCOLN, Jan. 7.-flpeclal.)-The win
ter' lull In athletic finds the authorities
at the University of Nebraska actively en
caged In casting schedu.v for the base
ball, track and foot ball teams for the re
spective seasons In 1!KH. Chief Interest,
however, center upon the preparations for
the foot ball season. Although the Corn
huskers duplicated their feat of 1002 by
playing through the entire year of 1303
without a Mngle reverse and constituted
one of the best advertised foot ball aggre
gations In the west, the year, nevertheless,
was not a financial stirrers. This short
coming was chiefly due to the' fact that
Nebraska was not bonked to appear In any
of the larger cities, the three games that
tha team played away from home even
representing a flnanclnl loss to the man
agement. To avoid this unwelcome feature
Is one of the alms of the management In
making up the schedule for next year, and
from present prospects Uio plans of the
management bid fulr to be realized.
Perhaps the strongest card, both from an
thistle and financial standpoint, on the
Cornhuskers schedule for 1904 will be a
Cams with Minnesota, as It Is now settled
that the Gophers and Booth's pupils will
renew relations. t)r. Williams, coach at
Minnesota, has advised the Nebraska man
agement that tho latter ran have a game
In Minneapolis. This arrangement was
promptly approved by the Cornhuskers and
now the data Is the only matter which re
mains to be settled. The Qopher manage
ment has spoken for a game hot earlier
than the middle of October or later than
tha first week In November, and Manager
Buckner, In replying, gave the Minnesotans
their choice of dates, explaining that the
Thanksgiving dato with. Illinois was the
only one which Nebraska could not possibly
consider. The severance of relations be
tween Minnesota and Michigan doubtless
contributes to the desire of the Gophers to
take Nebraska on for next year. Ne-
raaka'a victory over Minnesota has made
Cornhuskers a strong card in the north-
cm city and Coach Williams la credited
with expressing the belief that the Ne
bratksjia will again be able to - give his
pupils a stiff , argument,
Asalast the Haskell.
Nebraska will take another of Its big
game away from home next season, that
against tho Haskell Indians. The red men
did not draw as well last year In Lincoln
as In former seasons, and in 1904 the Corn
huskers and the aborigines will meet on
the gridiron in Kansas City. Doflnlte ar
rangement to this effect have now been
mad by tha two managements and the
date is now the only matter left unde
cided, tt la quite likely, however, that the
Kama will be played either the second or
third Saturday In November, and as both
team should be on edge at that period
in tha season, a stiff contest for the honors
Is anticipated... ' .
The cordial good feeling existing in an
athletic sense between Nebraska and Colo
rado universities has been cemented by the
signing of a two-year contract which will
take the Nebraska track team to Moulder
next year and the foot ball team to Den
ver,, where .the Cornhuskers will line- up
against the -mountaineers. The following
year tha Coloradans will come to Lincoln
The courteous treatment accorded Colorado
In Lincoln during the late foot ball season
prompted the president of Colorado uni
versity to address a personal letter to
Chancellor Andrews, of Nebraska, thank
ing tha latter for the warmth of the recep
tion and the fair treatment shown the
visitors on the field. After replying to the
missive. Chancellor Andrews discussed the
matter In chapel, declaring that such ex
pressions were worth more to Nebraska
university than a long succession of ath
letlo victories and that It should be prised
more highly by the students at the uni
versity. Besides the Minnesota game,' the Corn
huskers will meet two other "Big Nine"
teams next year on tha gridiron, Iowa and
Illinois. Tha recovery of the Hawkeyes
from their slump of the last two years
gives assurance that the lowans will give
a good account of themselves, while the
long established prowess of the Mini af
fords the assurance that Booth's pupils
will have their hands full In achieving another-
victory over the aggregation from
Champaign. Oamcs with several of the
mailer colleges In the Missouri valley, one
ofwhlch will likely be played In Omaha
gainst Crelghton college, will complete the
schedule for 1904, final announcement of
which tha Nebraska management expects
to make before tha end of the present
month.
RECORD OF MAUD S STANDS
Joint Committee of National Trottlas;
Associations tnfrlrndly to
Tlmr Savins; Devices.
NEW YORK, Jan. ".The joint commit
tee of the national trotting associations
decided today to disallow 1au Dillon's
record of 2:06 to a high-wheeled, ball-bearing
sulky, made at Cleveland on September1
12, 19H3. Tills decision was reached after
a two hours' dlxcusslon by the committee.
which waa composed of the presidents of
the National Trotting association, the
American Trotting association and the
American Trotting Register association.
Their finding follows:
We find that the performances of Lou
Dillon at Cleveland on September 12, 1WS,
In 2:1)5 to a high-wheeled, ball-bearing
sulky with a pacemaker, with dirt shiebl
In front, was not a record, because the
mare had previously performed in faster
time, which was her record, and precluded
a slower performance being a record.
We nlwo rind that the performance of
Maud S nt Cleveland. Ohio, In 1HS5. was
to a high-wheeled, plain axle sulky, accord
ing to rules; that the time, 2:. was not
only her best time, but the best time ever
made up to that date and was a record.
In regard to the use of wind shields, the
committee's finding is as follows:
No record can be made with a wind shield
other than the ordinary dirt shield and n
pacemaker In front. A performance with
a pacemaker In front, with dirt shield,
shall.be recorded with a distinguishing
mark, referring to a note stating tho
facts.
MaJ. P. P. Johnston of Iextngton, Ky.,
believes that various recorda of horses made
during the last season with the assistance
of wind shields will be thrown out. Such
horses as Major Dclmar and Prince Alert
are said to, be Included In this category.
Carter .
Hushes .
Hed, A.
Welty ..
Total
ln 1R9 171 M
l!'l Itt 177 6"7
ir ! si
ii! ?i jk be
S fcM S77 2,575
LAWYERS ARE IN EVIDENCE
(Continued from First Page.)
EVENTS ON RUNNING TRACKS
Lady Matehlesa Disqualified for Foul
ing; In Fifth Kare t Jlew
Orleans.
NEW ORLEANS, Jan. 7. Eva ' Russell
and Frank Hire were the only winning
favorites today and Frank Rice scored only
through the disqualification of Lady Match
less, which Mulshed first and on which
Hoffler rode such a rough race that the
filly was disqualified for fouling. Results:
First race, six furlongs, selling: Falk
land won, Bronx second, Preukness third.
Time: LlCS-
Hecond raca, selling, one mile: Erbe
won, Louisville second, Floyd K third.
Time: l:ii.
Third ruce, six furlongs: Eva Russell
won. Miss Uollghtly second, Btyle third.
Time: 1:26.
Fourth race, seven furlongs: King Croker
won. Clangor second, St. Tammany third.
Time: 1:31.
Fifth race, seven furlongs: Frank Rice
won, Ralph Young second, Rachael Ward
third. Time: l:lfc!Vi. Lady Matchless fin
ished first, but was disqualified for fouling.
Sixth race, mile-and a sixteenth: llymet
tus won, The Regent second, Malay third.
Time: 1:53ft.
PAN FRANCISCO. Jan. 7. Results:
First race, six furlongs, selling: Memorle
won, Cracko second, Llbcrvale third. Time:
1:15.
Second race, three and a half furlongs.
purse: Prince Brutus won, Peggy O'Neli
second, Arlsbe third. Time: 0:41.
Third race, six furlongs: Celebrant won.
Bright Moon second, Gene llandlan third.
Time: 1:14.
Fourth race, mile and fifty yardn. sell
ing: lllpponax won, Gawalne second,
:mllv Oliver third. Time: 1:45.
Fifth race, nve and a hair furlongs, purse:
Mo.iey Muei won, Letola second, liagerdon
third. Time: l:.
Sixth race, mile and an eighth, selling:
Carona won, Stlcho second, Heather Honey
third. Time: 1:64.
I'S ANGELES, Jan. 7. Results:
First race, six furlongs, Slauson course:
Geisha Girl won, Jlngler second, Brown
Prince third. Time: 1:12.
Second race, three furlongs: Lady Lasca
won, Aselina second, Hyluna third. Time:
0:37.
Third race, six furlongs, selling: Quest
won, Pat Hammon Bccond, Metlukatla
third. Time: 1:18.
Fourth race, six furlongs, Slauson course,
selling: Madam Bishop won, Little Mar
garet second. Almoner third. Time: 1:12.
Fifth race, one mile: Cloche D'Or won,
Glenrlce second, Henry Clay Rye third.
Time: 1:42.
Sixth race, six furlongs: Blissful won,
E. M. Brattaln second. Redan third. Time:
1:14.
Oast CIb Shoots.
Beginning Saturday, the Omaha Oun club
will begin a series or weexiy snoois inai
will cover a period of twelve weeks. Hsnd
some prises are to be given to the three
contestants having the best general aver
ages at the end of the shoot and the handi
caps are to ranse from twentv-seven to
thirty-two yards. The first prise will be a
mounted neer head, the second a nana noia.
The entries for the event are numerous
and will Include the beat sportsmen In this
city. The shoots will be held each Hatur
day afternoon for a period of three months.
First Basket Ball of Seaaoa.
The opening basket ball came of the sea'
on will be played at the Young Men's
Christian association gymnasium this
WITH THE BOWLERS,
The Gate Cltys took two out of three
games from the Drexels on the Gate City
alleys last night, which puts them one In
the lead.
GATE CITYS.
v 1st. 2d. Sd. Total.
Cochran 1W 12 1S2 4!
Drahoa .157 1?4 135 416
Buelow , 171 229 . ltt fW2
Martin 161 1x6 1X1 DIM
Hull 152 176 145 473
Totals 809
877
755 2,441
3d. Total.
1:6
m
iss
179
117
447
439
621
DREXEIi SHOE CO.
1st. 2d.
Molyneaux 154 157
Seaman 144 156
Stearns 152 11
Roeenbery 1(3 154
Sullivan Ill 122
Totals 724 770 839 1.333
On the Selleck & Marble alleys the Ar
mours defeated the Colts two out of three
game by the following score:
ARMOURS.
1st. Sd. 3d. Total.
Gilchrest 148 1H0 HU 4b7
Potter 1S1 214 14S 53
Brunke 240 236 2U Mt
Schneider, L. J 202 172 1x5 5r.
Deiiinan 1SW , 226 158 6.3
Totals !.l 1,036 843 2.S6U
COLTS.
v 1st. 2d. 3d. Total.
Nehle 1K3 It 171 Kit
structed Minister Bayard to say to Lord
Salisbury that the Monroe doctrine applied
to the Venexuela boundary question, and
that such application of that doctrine was
Important to the peace and safety of our
nation, and essential to our free Institu
tions. That said doctrine was Intended to
apply to every stage of our national life,
and could not become obsolete while tho
republic endured. These diplomatic nego
tiations were continued until the whole con
troversy between Great Hrltaln and Vene
xuela was submitted to arbitration.
EiiKllshmen liavo confessed that nothing
up to that time had occurred since the
triumph of oar government In the civil
war tnat gave our country greater prestige
abroad. The London Times. In commenting
on the arbitration treaty with Venezuela,
said: "From the point of view of the
I'nlted States, the arrangement Is a con
cession by Great Britain of the most far-
reaching kind. It admits a principle that
In respect of South American republics
the I'nlted States may not only Intervene
in disputes, but may entirely supersede the
original disputant and assume exclusive
control of the negotiations. Great Brltala
cannot, of course, Mnd any other nation
by her action, but she has set up a prece
dent which may In the future be quoted
with great effect against herself and she
hss. greHtly strengthened the hands of the
I'nlted Stales government In any dispute
that may arise In the future between a
South American republic and a European
power, In which tha United States may de
sire to Intervene." '
Mr. Webster's address was attentively
listened to and was greeted with frequent
applause and he waa tendered an ovation
at Its close and waa highly complimented
by his associates for its excellence and
historical Interest.
Mr. Webster then assumed the chair and
announced that a recess for five minutes
would be takuYi.
Upon the conclusion of tho recess Hon.
E. McClain of the supreme court of Iowa
was introduced by President Webster.
t'lvll and Common l aw,
The subject of Judge McClnln's address
was "Tho Civil and the Common Law"
He said In part:
It affords me the greatest pleasure to
be present at this meeting. V e of Iowa
teel our Indebtedness to the state of Ne
braska, especially when the treacherous
Missouri river leave Its legitimate i-ourc
and leaves a barren atrip of sand on the
Iowa shore uud we undertake to litigate
as to Its ownership, which generally costs
more than the land In worth. You will
probably Indulge me In the recital of a
little story which possibly some of you
have heard, but Its repetition may be ad
mtssable here. It Is of a governor of
Iowa, whose name 1 must forbear men
tioning, a governor of Nebraska, and a
Governor ol Missouri, who recently met
In St. Louis at some function relative to
the Louisiana I'urchase exposition. The
visiting governors had been invited to
lunch oy the Missouri governor, and he
suggested that prior to luncheon that they
would Indulge In a drink. The polite
waiter otepped to the chair of the Iowa
povernor and asked him what he would
have. After a pause the Iowa governor
said he would take lemonade. Thf Ne
braska governor hesitated a moment and
concluded that hn would take buttermilk.
The waiter was familiar with the favorite
beverage of the Missouri chief executive,
but courteously asked him what he would
take. "Well, under the circumstances, I
think you may bring me a piece of pie.
This disgression brings me back to the
sublect of my address. Under the do
minion of the Latin races and prior to Its
purchase from the French, the territory
comprised In the Louisiana Purchase was
governed by the civil law, but after it
came under the Anglo-Saxon dominion the
common law was the governing power.
Civil law nns Invariably followed the con
qunt of the Roman arms and all Latin
countries aro to this day subject to the
Roman or civil law Jurisprudence.
Common Law Is Liberty.
Had the Anglo-Saxon races been the con
querors of Europe, common law, the law
of England, would have prevailed through
out that continent. Common law is the.
law of n Independent people. The argu
ments tit the champions of the civil law
are morfc specious than satisfactory. The
value of law is in Its administration. Com
mon law is based upon tne customs that
prevail among a liberty loving people. The
civil or Roman law is that law which Is
defined by the king or ruler and the courts
are but the administrators or tne win or
the ruler. I do not say that English or
common law owes no debt to the Roman
law. The Romans brought to England the
feudal laws, and the church brought the
canon laws, but still the independent com
mon law remained because It was different
from the civil law in spirit and Justice.
Common law is the luw which is best
suited to self government. And this Is
nowhere better Illustrated than In the civil
laws of Spain and France, and the common
laws of England and the United States.
The Importance of meeting tho spirit of
common law is nerivea rroin our ancestors.
The manifest characteristic of the common
law is that ail men are equal. It wus the
very first announcement of our Declaration
of Independence. The will of the people Is
or no force unless all or the people are
subject to law. Under the common law all
people are equal before the law. It Is
not so under the civil or Roman law. The
civil law Is patriarchal In Its character
Our common law 1s salted to the homoicen
eous character of our people. A highly de
veloped civilization brings about social and
financial distinctions that are too deenlv
dunted in the constitution of mankind to
e combatted. By our accepted system of
common law we can hold In check the er
ratic Impulses of mankind that would
otherwise be the destruction of the socla
fabric. Common law Is the law of indlvd
uullsm, and so long as we maintain It in
violate, we need not apprehend any grave
results from trusts and combinations or
other imaginary evils. Law systems are
Judged by their practical workings. Any
mouincation or our present judicial sy
tern might not be beneficial. Civil law is a
system of abstract rules, common law is
the law of precedent and the aeereirjite i,f
decisions. Under the common luw men of
greater talent and breadth have been pro-
aucen man under any other system or
innuence in the history of the world.
Iteceptloa for Visitor.
Following Judge McClaln's address an In
formal reception was held in honor of the
visiting lawyers and Jurists, with Judge
Van Devanter of the United States circuit
court of appeals, Judge MiCIain of Iowa,
and the Judges of the supreme court of Ne
braska and the Nebraska supreme court
commission as the guests of honor.
The following program will be observed
r
The United States
flints...
were organized in
Tha coinage of nickel wu begun in
1866. The latest report from the
Mint thow that 443.841,054 nickel
have been coined ioc that time.
valua $33.39X053.70
The Nickels
Ever Coined
would not pay for the
Cremo cigars smoked
in one year
Largest Seller in the World
THE RAND IS THE
SMOKLR S PROTECTION .
Co
mm
Pidksil Bio and if ira,
Jii- , ?P i, i
Account ,of Annual Convention
National Wool Growers and Live
Stock Association.
Liberal stopover privileges; attractive diverse routes; re
turn Urmt January 31st.
Yau can include San Francisco on the return trip for
a
$13.50 additional.
Call Qr Httte for further information.
J, B. REYNOLDS, City Passenger Agent,
1602 Farnam St.. OMAHA.
3C
FROM THK BEOIXNIXO TO TIIE
END
You will find n Stoeoker Monogram
(now) ro each clgarvto be one long puff
of delight
W. V. STOECKEtt CIOAK CO..
1404 Dnuglaa Kt., Omaha.
Sold by all first class dealers.
in the session of the bar association which
convenes at 10 o'clock this morning:
A paper on "The Folly of Judicial Haste"
by C. Klansburg" ancl a paper, "Chief Juat
lc Taney." by I. K. Congdon.
This afternoon's session, beginning; at 2
o'clock, will comprise a paper, "The Re
public of Panama," by JudtiP Jacob Faw
cett; paper, "The Australian Constitution,"
by Prof. W. W. Cook; paper, "Lynch Law"
by C. B. Letton, followed by the election of
officers for the ensuing year.
At 7 o'clock this evening a banquet will
be served at the Her Urand hotel. John L.
Kennedy will preside. The Fjicakers will
be Judge J. B. Hurnes and NleKsrs. C. J.
Emyth, W. H. Thompson and J. B. Bheean.
BEMOANS THE FATE OF OMAHA
Comptroller Lebeck Declares tt la
Most Helpless Condition Relative
to Water Work.
Comptroller Ixiheck appeared before the
West Side Improvement club last night and
explained the condition of the city govern
ment as regards the water situation. He
said that the city council is powerless un
der present conditions to furnish relief In
the way of more mains or better service.
That the law parsed by the last legislature.
which provides for the purchase of the
water plant by the city government, killed
the usual appropriation for maintenance
of the water system and nothing could be
done to afford relief. Mr. Lobeck says the
city is in the most helpless state of any
municipality he ever heurd of. Before the
luw wus passed empowering the city to
take over the water works, it could have
done so with very llttU trouble, but the
act which was framed to afford relief cut
off all hope of the city acquiring the plant
for the present.
A resolution was passed by the club re
queBtlng the city council to see that the
board of appraisers appointed to establish
the price at which the water work are to
be taken over by the city accomplish their
work as rapidly as possible.
The lighting propositions now before tha
city council were discussed at length, and
it was finally decided that the secretary
of the club should write a letter to the
city council setting forth that It is the
sense of the club that a contract be made
with the electric light eompany for such
lamps as are needed at Its proposition of
f'Ja per year per light, and that the gasoline
proposition be not considered.
Member Rogers complained that high
water had washed the covering oft the gas
pipes at the Intersection of Saddle creek
and Fnriiam street, and that the company
had covered the pipe with garbage to pre
vent their freetlng. This, he stated, was
not pleasant for those residing in the neigh
borhood. Mr. Rogers was appointed as a
committee of one to ask the Hoard of Pub
lic Works to abate the nuisance.
Tralas Cosae Twgether.
Rnrk lflsnd psenger train No. S waa
struck yeiUertlav afternoon by I'nlon F'u
cilic switch engine 1174, at the Twentieth
street cruxHlng. At tl time of the acci
dent the I'.menger traV was nulling out
on the malfi travk and the switch enitlne
waa drawing un to the switch to follow tha
paonengttr to tiilniore. Ky some mlhunrier.
tantling the switch engine did not top to
let th namteiiifer ko by. The two l-tt.ltn
cr were damaged slightly aud taken back
1 - Y
I
i
I
ifc 4
i
Hi:
I! .
MET!
The strongest, most appealing, most
engaging Dhort story that has come
from the hand of this undisputed
master of fiction is his contribution,
"The Christmas Peace" 1
Mr. Page is undoubtedly one of the
foremost short story writers of the day,
and this delightful Christmas tale, in
which he has woven the charm and
pathos oi which he is master, will ap
peal to hundreds of thousands of
readers. This story, beautifully
illustrated with drawings by Blendon
Campbell, appears in the
ay
1 1
i a m tt vi
2 M
MAGAZINE for January
MA Christmas Reverie"
by Bliss Carman
' Love Story of Mary, Queen
of Scots "
by Maurici Hewlitt
The Real Parsifal"
by James Hvnikei.)
160 Pages
of reading. Really a 35-cent
Magazine for 15 cents.
12 Short Stories
8QTH 8T.. H. Y. -J
; 41) . H. RTJSSELL, PUBLISHES, 3 WEST 89TH 8T., H. Y. -J
mm
to the shops for repairs; the switch engine
wss derailed but not materially damaged.
GORDON GIVEN A HEARING
Alleges Hebwrr ( Newcastle Baak Is
t Before t'omsalssloaer
Awaersoa.
Ed. Gordon, charged with the robbery of
th poktofflce at Newcastle, Neb., December
. waa given a preliminary hearing before
I'nlted Btatea Commissioner Anderson
Thursday afternoon. Two witnesses were
examined, but th case waa continued until
Friday afternoon at I o'clock, to await th
evidence of two other witnesses from Bloux
City.
Gordon was arrested here shortly after
Christmas as a vagrant, and as tie aeemed
to answer the description of the Newcastle
poatofflos robber he was arrested upon his
release from the city jail by the post
office inspector 01 that charge, and ha
been held in th Douglas county Jail since.
Mortality Statistics.
The - following births and deaths have
been reported to th Hoard of liealtn dur
ing the past twenty-four tiours:
BlrthH Andrew Ileckstrnm. ifi"t Siuth
Thlrty-nrat street, boy; Frank Vallu, UK
Pierce street, girl: Charles Urosnrnaii. 17t:i
Boutn Ninth siiret, girl, Gram Lines, t,i
Routh Eighteenth street, boy; JosapB
Muem h, 17i Leavenworth street, girl.
Deaths Mrs. Julia D. fajtecker. lubu Snutk
Twenty-eighth street. It; h rajic 1 Wllbui
Dunn, 1207 I'lerce street, 7 months; Jolui
Campbell. Bpauldmg. 44; Rachel DaWa,
14U Vinton street. M.
Post Klceta Officer a.
These officers were installed at the meet
ing of V. a. Grant post J10, Tuesday even
li.g: Commander, John I. liobbs; senior
vice commarder, Thomas A. Crelgh; Junior
vice commander, William A. bell; adjutant,
John ii. Tate; quartermaster, D. M. Hav
erly; chaplain, J. K. Cramer; officer of the
d.iy, C. to. Murmeater; officer cf the guard,
Joseph Doherty; quartermaster sergeant,
K. E. Bryant; sergeant major. M. It. KIs
don. Th post was Installed by H. A. far.
melee.
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