TIIE OMAITA' DAILY T?EE: WEDNESDAY. MAHCII 22. 1905.
TWO
MAKES LIFE'S WALK EASY
(TKAMC MARK)
nr&t "Crootett" dealer in your
town is equipped wkh the best
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qualify for siyle and endurance with
perfect ease
tt rwor tomlot rfoAtt mot Mf t&eat, ir.
w-lf Krmi any atylo by nail or -preaa
am receipt at prim with jo. a
IKieaoJ (o pojr tarmrmrdlmg oV.rca.
Write for jthmtrtUd mUlof,
LEWIS A. CROSSETT, Incorporated,
MaHh Akhttftoa, Mass.
HEER niGn FOR SECOND DAY
Kansas Man Leads Other Gumeri at ths
Big Omaha Shoot
INTERSTATE MATCH SET FOR TODAY
Eight Teams Will Start for Coomb'
1 Trophy and a. Gold Watch Off
: . ored for Hia-hest Gun
In Match.
The events of the second day"s shoot of
the annual spring: tournament of the
Omaha 'Gun club at Townsend park were
practically the same as Monday, with W.
H. Heer of Concordia, Kan., as high man
with a score of 195 out of a possible 2W.
Crosby and Gilbert tied with a score of
192. There were twelve events during the
day, four fifteens and two twenties. The
attendance was the largest of the tourna
ment, there being fifty-four marksmen
participating In the morning shoot and a
dozen additional In the afternoon events.
The day. was on Ideal on for shooting.
The shoot began at 9:30 a. m. and ended
at :30 p. m., with an Interval of an hour
and a halt at noon, making a flve-and-a-half
hour's shoot.'
The targets were thrown from the new
J.aegett automatic trap, under charge of
Charles North, superintendent of the Leg
gett factory of Cleveland, O.
A 'very Interesting feature of the after
noon was the exhibition of fancy rifle
shooting ' by Captain A. H. Hardy of
Hyannis with a 22-callber Marlln. Aside
from breaking lead pencils and marbles
thrown In the air In exhibition of his mar
velous skill, he shot a portrait of an In
dian head,' with feathers, eyes, features,
hair, etc., on a sheet of 18x24 cardboard.
There was not the slightest mark. on the
cardboard to furnish an outline or guide
for the picture.
- The main event for today will be the
Interstate team shoot, with one team from
South Dakota, two teams from Iowa, three
team from Nebraska, one team from
Omaha and a Joint team from Missouri
and Kansas. The shoot will be for the
T. IL Coombs trophy, now on exhibition
In tbo. Townsend .Gun company's window
In addition to (he Coombs trophy, the
Townsend 1 Gun company 'of Omaha will
give a solid' gold watch for the best Indi
vidual score In Interstate team shoot. .
, The shoot will finish this afternoon, and
most 'of the- marksmen will v leave for St.
Joseph In the evening to be In readiness
for the three days' shoot to begin there
Thursday morning.
Scores for Tuesday,
s the full score of yesterday's
Workman 9 13 ...
Boyd 14 13 13 14 17 IS
WITH TUB BOWLERS. '
The uncertainty of bowling keeps the
game alive, but a leading team can't
be blamed for thinking it hard luck when
a team near the bottom of the Hut beats
them two games. I.ast week the Kats
loft three to the trtll-enders. while last
night they rolled like champions and
downed the Stock Yards. Dr. Schneider
was high man for the night with 634 pins,
ijindon was but one pin behind him, and
George Sutton got back Into the game
with 620, Including the single high game of
S45.
STOCK YARDS.
First. Second. Third. Total
Schneider 302 212 220 631
Potter 199 IS 1W 697
Brunke 181 1HS 178 557
Lincoln 1W 176 16 602
Denman 213 222 163 698
926
28S8
Totals 955 1007
v BRACK KATS.
First. Second. Third. Total
Lnndon 223 . 234 176 633
Sutton 19 176
Butler ....198 160
Nelson 181 180
Hull 167 200
245 620
151 609
167 628
200 667
Following i
shoot:
McDowell.
Hear ' .....
Marshall..
Adams. ..
Taylor ...
Crosby .-. .
Powers ..
Burm'ster
Klhie ......
Gilbert ...
Cunn'ham
Slim
Plunk ....
Gottleib .
Loom Is ...
Fisher ...
Olsen .....
Mann 11
Maxwell. 16
Anderson. 12
Clayton .. 16
Borden ..12
Illlan 16
Vlttmoyer. 9
Budd 12
Burks .... 13
Townseud. 16
Ilrsy
Bteega
Jieed
Bill
Timm ....
Veach ....
Llncl man.
Carter .,,
Spats ....
Elliott, D
Miller ...
Hardy ..,
Thorpe ...
Scliroeder
Arno 14
Ttognrs ... 11
Warren ., 10
No. t .... 12
Sinclair' 13
Gutrholl
HolfKlilKor 12
I la an
Banning .
CTlsfn.' A..
Olsen. Q..
' Adams ...
Helghes ...
Wilkin ..
Irf-wls, W.
Moor ....
Iwls. C.
' McDonald
Morrell ..
, Picks! ....
16 16 16 20
14 13 16 18
16 14 14 20
16 12 16 19
13 14 14 18
14 15 14 18
13 15 IB 18
14 14 13 18
12 11 14 17
16 13 13 19
15 13 16 19
13 14 14 17
13 16 14 17
14 11 14 17
14 14 10 19
10 11 16
14 15 16 19
14 15 13 18
12 12 11 16
13 14 11 17
14 IB 11 19
13 16 12 17
13 14 13 18
13 IS 14 18
13 11 13 15
13 U 13 18
12 12 14 19
16 14 13 14
14 11 12 18
11 16 10 18
15 14 13 19
13 15 14 18
16 12 8 16
14 15 14 18
14 13 14 17
15 12 14 12
14 12 13 17
9 10 8 16
13 13 12 13
12 14 13 18
12 12 10 13
14 11 13 Hi
15 11 14 17
13 13 10 18
13 12 9 16
7 IS 12 16
13 14 12 16
12 15 12 16
IS 12 12 18
12 8 8 10
9 6 10 ..
12 13 13 ..
11 IS .. ..
.. .. 11 13
.. .. 8 1U
20 16
17 13
19 15
20 11
17 13
20 14
19 15
19 12
14 13
19 13
20 14
13 14
17 14
19 14
19 14
17 14
18 13
19 15
12 11
18 13
16 14
18 11
18 12
17 13
12 13
16 14
18 10
17 12
13 13
16 10
20 14
18 15
13 12
19 13
16 13
19 14
17 14
12 12
18 14
15 14
15 12
18 11
16 14
15 13
14 12
16 12
14 13
18 16
17 12
13 ..
15 16
12 13
14 15
12 13
13 14
13 14
14 15
15 16
14 13
14 16
16 15
11 12
14 13
11 14
13 13
11 ..
14 14
14 12
14 10
16 15
15 12
16 13
10 15
13 14
10 8
9 13
15 14
11 13
16 12
11 11
15 12
15 14
10 13
14 12
12 14
13 14
14 13
10 11
13 13
13 13
13 14
14 14
16 9
14 14
13 14
12 13
13 13
14 13
13 11
15 20
15 17
15 19
13 18
13 17
13 18
16 18
14 16
12 19
13 17
14 20
14 18
15 18
15 20
16 16
m is
14 20
14 17
15 14
11 17
14 19
15 16
14 19
9 16
14 16
13 17
14 19
13 19
15 15
14 20
13 18
11 16
14 20
13 18
13 16
11 18
10 16
13 15
13 16
11 15
13 16
13 20
15 0
13 13
14 15
11 ..
14 16
11 19
20
20180
20-1U6
19 181
9167
181x6
20- UC
18 182
14168
19 183
18 192
16168
19 184
19182
19-181
19-i88
18-186
16 164
17 176
18 172
14 175
15 171
19 182
16 146
17 166
19176
19-176
18 176
17163
16- 187
17- 184
13153
18- 185
12--166
18174
18 174
10- 135
15-167
15-168
15-154
17- 171
19- 177
18 176
18-157
15-157
i m
11 144
Totals 968 : 960 939 2857
In the Commercial league last night on
Lentz A Williams' alleys Hussle's Acorns
took three straight games from the Thurs
ton RlnVs, and the Imperials took two
out of three from the St. James. The high
score was made by Rasmussen, in making
578, his high game being 236. 8core:
ACORNS.
lat. . 2d. 3d. Totals.
Solomon 163 171' 186 520
Wevmuller 117 173 152 . 442
Nleison 177 161 173 611
Beselln 227 180 162 559
Vaugh 170 115 157 442
Totals 864 800 820 2,474
THURSTON RIFLES.
1st. 2d. 3d. Totals.
Baehr 137 182 101 420
Gwyne 145 150 157 452
Havens 169 138 169 476
I'tt 152 155 157 464
Lehman 158 170 165 493
Totals 761 795
IMPERIALS.
1st. 2d.
Paxton 191 201
Talbot 117 128
Hanley 134 112
Dukes ....122 186
Dyam 144 146
' Totals 708 773
ST. JAMES.
1st. 2d.
J. W. Hahne 126 136
Hanson 135 125
Wilson 156 l-io
Scannell Ill 130
Rasmussen 167 236
749 2305
3d. Totals.
184 676
116
' 137
137
167
361
445
457
711 2,222
3d. Totals.
115 377
133
146
114
185
. 393
406
355
, 578
Totals
.685 792 692 2.169
Missouri Athletic flab Wins.
ST. LOUIS, March 21. The controversy
between the Missouri Athletic club and St.
Louis university for the possession of the
Point trophy awarded the latter at the
athletic meet Saturday night, which was
protested by the Missouri Athletic club,
has been settled by John C. O'Brien, chair
man of the Western Amateur Athletic
union and referee,, who .granted .the claim
and awarded the trophy to the Missouri
Athletic club. The complaint set forth
that the entry blanks stated that no points
would be granted on the novice race and
that six points were granted St. Louis
university In this event. Referee O'Brien
decided the claim well, taken and stated
that there had been an error in the en
try blanks, as It had not been the Inten
tion to exclude points made in the novice
race.
Referee O'Brien declined to take up the
protest of the Missouri Athletic club that
two participants representing St. Louis
university were not bona fide students of
the Institution on the ground that It was
not within the province of the .Amateur
Athletic union to decide such questions.
Chase Star la California.
LOS ANGELE8, March 21. Notwith
standing all reports to the contrary, Harold
Chase, the young Los Angeles first base
man who was drafted by the New York
American lesgue team management, is now
In Los Angeles engaged in practice with
the local team. Manager Morley of the
T sa Amreles rlilh MtiLterl tnrinv that CIihjsa
I yesterday signed a contract with him to
! play here during the coming season and
mat unasa positively wouiu noi renew
negotiations with the New York Americans.
Hanlon Stays with Brooklyn.
NEW YORK, March 21. President Eb
betta of the Brooklyn Base Ball club suc
ceeded today In arranging a compromise
with Manager Hanlon by which the latter
will manuge the team during the coming
season.
18 IS 10 11 9 12 18...
13 11 13 10 IS 16 18...
.. 13 13 12 10 17 15...
.. 10 10 ...
..3 7 ...
.. 13 16 12 9 15 16...
.. 15 IS 13 16 17 17...
.. 11 13 16 14 19 15...
.. U 10 IS 11 17 17...
Insurance Company Deposits.
PIERRE, 8. D., March 21. (Special Tele
gramsPresident George Schlosser and
General Manager Joseph Frudenfeldt of
the Queen City' Fire Insurance company
of Sioux Falls were In this city today
to secure a charter for their company un
der the Insurance laws of the state.' They
brought with them for deposit with the
state Insurance commissioner drafts and
securities to the amount of 1160,000, ' which
is 8k per cent of their capital stock, as re
quired, all the securities being bonds or
first mortgages on property In South Da
kota. Their charter has been granted to
them and they are now ready to do business.
FLESH
tjmrl.:i ft
A&ami?jkVJitr
' 'flesh &Ss3u
) Those afflicted with Eczma know
more than can be told of the suffering imposed by this
fire.." It usually begins with a slight redness of the skin, which gradually
spreads, followed by blisters and pustules discharging a thin, sticky fluid
that dries and scales off, leaving an inflamed surface, and at times the itch
ing and burning are almost unbearable. While any part of the body is
liable to be attacked, the
hands, . feet. back, arms, face Eczema made Us appearance on my left limb the
and legs are the parts most ,ize 01 m7 thumb in 1893, and spread until it was
often afflicted. Tho cause of large a my hand burning, itching and paining
Errrma U a too add Condi- me nd for whlch 1 00111(1 Bet no relief untl1 "
it. iL mZZa ThZ rir ln oth cure "ivertised by you I wrote and
tion of the blood. The or- the dvlie of yourph ysic aa, commenced
Ration becomes loaded g. S. & and it cured me. ,
with fiery, acid poisons that Mayetta, Kan. J. H. Spknc.
are forced through the -
glands and pores of the skin which set the flesh aflame. Since the cause of
the disease is in the blood it is a waste of time to try to cure it with local
applications; the cause must be removed before a cure can be effected. S. S. S.
nas no equal as a remeay lor nczema; it enters tne
blood ana forces out the poison through the natural
channels, and builds up the entire system. The skin
becomes smooth and soft again, and the Eczema is
cured. Cases that have persistently refused to be
cured under the ordinary treatment yield to its purifying, cooling effect on the
bipod, v Book on Skin Diseases and any advice wished, without charge.
J7r SWIFT SPECIFIC CO; ATIANTA CA
SCHOOL BOARD HITS CHARTER
Special Committee Protests Against the
Proposed Plan of Berision.
DIRECTS LONG ADDRESS TO LEGISLATURE
Elerenth-Honr Plea to Lawmakers to
Kill Charter Bill to Avoid Dang,
era Conjared tp by tha
Board's Attorney.
Three members of the school board, J.
O. Uetweller, U. A. Baird, and John L
McCague signing their names as a special
committee appointed to protest against the
position in which the school district of
Omaha would be left by the enactment
into law of 11. R. 364, being the Omaha
charier bill, have addressed a lengthy com
munication to the legislature embodying a
general attack upon the proposed new
charter under the plea that its consolida
tion features would embarrass the finances
of the school board. The protest goes
into minute detail with unconcealed imcnt
to procure the rejection of the whole
charter amendment scheme. The main
points of the document numbered stria tun
art:
1. The bill, if passed, would be uncon
stitutional at least 111 so tar us it con
flicted: with the provisions ot tne special
law governing scnool districts In metro
politan cities Included In the act relative
10 public schools In metropolitan cities.
Section 11264 et seq., Co Obey s Annotated
Statutes. Reference to but a small num
ber of sections ot the act governing school
districts in metropolitan cities will make
tins wolnt clear.
Afraid of I noonst Ito tlonall t y.
2. The Omaha charter bill makes no
pretense of repealing or amending this
section, and the only claim that could be
made would be that the section was
amended by Implication, but tills violates
one of the cardinal rules of statutory con
struction, viz., that no law shall be
amended unless the new act 'Contains the
section or sections so amended.
3. Bearing In mind the criticisms already
made without repetition, we suggest that
Omaha churter bill makes no provision for
the giving of a bond by the county treas
urer or oy the county treasurer as ex
otftclo city treasurer to the Hoard of Edu
cation. It (the Omaha charter bill) leaves
the Board of Kducatlon section Quoted, in
tact, and at the same time wipes out the
office of city treasurer, but makes no pro
vision for the - county treasurer in any
capacity to give the Board of Education
a bond. The only redress the Board of
Educutlun would have would be to keep the
present city treasurer perpetually In office,
because he Is the only olllcer that we
can take a bond from.
Who Would Make School Levyt
4. Nothing In this act. via., the Omaha
charter bill, reters In any way to the levy
for the school district, iior can the words
"general law' be applied to the special
act governing school districts in metro
politan cities, and if any further inter:
ruptlon was necessary as to the general
law, it Is found in section ISO of the
Omaha charter bill, which clearly referj
to the general revenue laws of the state.
Moreover, as we have previously sug
gested, the council cannot be given power
even In expresn terms In the Omaha char
ter bill to C3rtify the levy required by
the Board of Education, unless by a proper
separate bill, the section quoted, relative
to the manner of making levy ftfr the
school district was amended, and the old
law repealed. The result Is that the school
district would be under the necessity of
following its only law, and certify to the
city council In January the number of
mills levy required, and the city council
would He powerless to make the levy and
powerless to certify to the county clerk
for action by the County Board of Equali
zation, and If the council did certify, the
County Board of Equalization could re
fuse to make the levy for school district
purposes under the plea that it was not
empowered by the charter or any other
provision of law to make the levy for
school district purposes, and If the county
Board of Equalization did make the levy,
the taxpayers could refuse to pay the tax
for school district purposes, and we would
simply have another mass of profitable
litigation for attorneys in setting aside
school district taxes tor the period inter
vening before the next session of the legis
lature. . :
Dry Spell for School Fond.
5 In January,' 1906, the school district of
Omaha required 2.8 mills levy. In Febru
ary, 1905, the city council made this levy
pursuant to the statute governing school
dirtrlcts In metropolitan cities and the as
sessment made under this levy will become
delinquent July 1. 1905. In January, 190b,
the Board of Education, following the only
law that It has, will make an estimate
to the city council of the number of mills
levy required. Assuming that the city
council has the power to pass this along
to the County Board of Equalization,
(which they deny), they would do so in
accordance with the general revenue law
as provided In the Omaha charter bill
quoted and would make such certification
on or before the first Monday in July, 1906,
after which the County Board of Equaliza
tion would make the levy and under sec
tion 161 quoted, the assessment so made
on this levy would become delinquent the
following July 1, to-wlf. July 1, 1907. The
result would be that the school district of
Omaha would have no Income from general
tajntion from July 1, 19(16, to July 1, 1907.
It Is a fact that in March, 19oi, the reve
nupR from licenses and flues Is exhausted
and we will be obliged to register our
warrants and from Marcn, 10 juiy 1,
1907, and for a period of over fifteen months
h, ..h.w.i riiKtrtft nf Omaha warrants
would be hawked about the streets of
Omaha and the employes compeueu 10
shave their warrants. Further, In mak
ing the estimate in January, 1906, the Board
of Education would be obliged to provide,
not only a year and six months' levy,
but also for the accumulated Interest on
warrants during the period named.
Don't Want to Pay for Collection.
6. We understand that the charter has
been amended so that the county treasurer
as ex-oftlclo city treasurer Is to receive 1
per cent for collecting .the city taxes. At
the present time it costs the school dis
trict of Omaha nothing to collect Its taxes,
licenses or tines. If the school district is
Included In the deal to give the county
treasurer 1 per cent for collecting, It will
have to face or resist the proposition of
paying 1 per cent on about tio0,ouo, this
being about the total amount of collections
each year for the school district of Omaha.
If this is t ie Interpretation that Is to be
placed upon this charter bill, it would look
aa If $ii,uv0 a year was being thrown away,
and It Is needless to say that the taxpayers
of the city of Omaha will have this $ii,U0O
a year to pay. We doubt if the business
Interests and taxpayers of the city of
Omaha will stand for this.
7. We have had a tax commissioner
since 1898, and since that office has been
created the personal tax rolls have been
kept , open until January of each year,
making an Interval to May 1 when taxes
were 4-e on such personal tax roll and de
linquent July 1 following. I'nder the pres
ent pla. the county treasurer will make
his assessment In April and May of each
year, and the taxes levied under such as
sessement will not become delinquent until
July 1 of the next year, a period of over
thirteen months for failures, removals and
concealment of property, and this item
alone would entail a loss of collections
entirely overshadowing the mere bagatelle
that would be saved by the unsatisfactory
manner in which consolidation of the offices
of county and city tteasurer is proposed to
be accomplished.
See Litigation Ahead.
'8. Perhaps' It Is not necessary to point
out that the Omaha charter bill not only
conflicts with the general revenue law In
some particulars, but conflicts with Itself
and the conflicts are of such a serious na
ture as to endanger the entire charter, or
at least open the way to vexatious litiga
tion and unsettled condition.
. Section lrtl of the Omaha charter bill
absolutely makes impossible the carrying
out of section Ml, as well as sections 139
and 140 of the general revenue law, because
It makes city taxes due May 1 and delln-
Silent July 1, while the general taxes are
ue November 1 and delinquent December
1, and a consolidated tajt becomes an Im
possibility. READING CODY DEPOSITIONS
Final Araaineat Tharsday or Friday,
bat a Decision Is Hot Ex.
peeted This Week.
SHERIDAN, Wyo.. March H Reading
of depositions In the Cody divorce waa
continued here today before Judg Richard
A. Cott, In the district court. Numerous
objections raised by counsel are delaying
proceedings. Final argument will be
reached Thursday or Friday, but a de
cision la not expected until some time next
week.
OUR LETTER BOX.
Christian Selenee.
OMAHA, , March 18, IM6.-T0 the Editor
of The Bee: It seems that the latest argu
ment relied upon by the promoters of H.
R. 16S (the McMullen medlcal bill) Is that
the decision ot the supreme court In the
Buswell case determines that Christian
Science practice Is prohibited by the law
as it now stands.
The law In question was passed thirteen
years ago. The title of the act is "An Act
to Establish a Board of Health to Regu
late the Practice of Medicine" and to re
peal certain sections.
There was. probably, no thought at the
time the hill was passed that a bill to
regulate the practice of medicine would
contain anything which could bear any re
lation to Christian Science practice, and It
would be safe to say that there were not
a dozen members of the legislature who
were at all Informed. In regard to Christian
Science practice, much less who had a
thought that they were legislating upon
that subject. This act, which Is chapter
Iv of the Statutes, entitled "Medicine,"
contains a clause as follows: "Section 17.
Any person shall be regarded as practicing
medicine within the meaning of this act
who shall operate on, profess to heal, or
prescribe for, or otherwise treat any phy
sical or mental ailment of another."
Ezra M. Buswell was . Indloted . February
18, 1893 (over two years after the act was
passed), In the district court of Oage
county, charging In due form of law "that
on September 1, 1891 (which in legal effect
covers the dates September 1, 1891, to Feb
ruary 16, 1893), he. did profess to heal and
otherwise treat sick persons of their phy
sical and mental ailments."
A Jury waa duly empanelled in' that
court, which is the. highest court In il.e
state except the supreme court, and the
Judgments of which must stand as the law
of this state applicable to the facts In the
case until the Judgment shall be set aside
or reversed by the supreme court or other
Judgments of the district court shall be
rendered In a like case contrary to this
Judgment.
A trial was had In the usual forma of
law. The evidence was introduced show
ing that Mr. Buswell - was engaged In
Christian Science practice from September
1, 1891, to February 16, 1893 (date of Indict
ment), all of which was undisputed. The
real question before the Jury was, did the
conduct of Mr. Buswell, which was ad
mitted to be Christian Science practice,
constitute a violation of the law above
quoted. If yes, he should be convicted. If
no, he should be acquitted.
The Jury heard the evidence and In due
form returned a verdict bf not guilty. Upon
that verdict the district court entered a
Judgment of not guilty and discharge of
the defendant.
That Judgment has never been modified
set aside or reversed, and is the only court
record In this state wherein anyone has
been indicted and tried whose defense was
that he was engaged In the practice of
Christian Science. Under such condition of
the record it would seem that we should
neither ' charge or . admit that Christian
Science practice Is unlawful.
Let me state the .case In another form.
Mr. Buswell was charged that he did prac
tice medicine within the meaning of section
17 of chapter Iv of the Statutes, by profess
Ing to heal, and did otherwise treat sick
persons of their physical and mental ail
ments. His defense was. that during that
period of time he waa engaged in Christian
Science practice, and not engaged In the
practice of medicine as defined In said
section 17. ' '
He and the witnesses explained what
Christian Science.' practice Is, and by Its
verdict of not guilty the Jury said that the
defendant did not profess to heal or other
wise treat arty physical or mental aliment
of another withJo. the terms defined In
section 17. of chanter lv, but, on the con
trary, that he waa engaged in a work en
tirely foreign to the crime created by said
section 17. Therefore,, we find hlra not
guilty as charged.
Thus the judgment record stands.
That Is the only case . in which a Chris
tian Scientist has been put upon trial in
this state. That is the test case, which
has been adhered to ever since. However,
several arrests havo been made, but In
each case the defendants have been dis
charged upon preliminary examination.
The people have been misled by the side
remarks of the . commissioner of the su
preme court who wrote the opinion In the
Buswell case. . These remarks, being sen
sational In their character, were given out
to the public as the opinion and decision
of the court, and repeated so often that It
has come to be the general understanding
that the decision of the supreme court
reversed the Judgment of the district court.
The truth Is, there Is no pretension of
reversing, vacating or modifying the Judg
ment of not guilty.
What la the decision of the supreme
court 7
The Judgment of the district court could
not bo affected by the decision of the su
preme court, but the decision of the su
preme court can only determine the ques
tion of law which shall be presented by
the prosecuting attorney, nothing more.
Criminal code, section 617.
What question of law was determined
in the case by the supreme court?
Let the record of the supreme court
answer the question. I quote from the
brief of the attorney general and the
county attorney, page 11, as follows: "The
question we desire the court to pass upon
is, whether in view of the evidence It was
not a question for the Jury to pass upon
whether the defendant did not profess to
heal or otherwise treat physical or mental
ailments of others. Instead of virtually
taking the case away from them by the
Instruction complained of."
I now quote from the Buswell case, 40th
Neb., P. 160, 2d paragraph: "The defend
ant was acquitted and the case was
brought to this court under the provisions
of sections 483, . 616, 616, 617, Criminal code.
To a compliance on our part with the pro
visions or the sections Just referred to It
Is necessary only to consider the sixth In
struction at the request of the defendant.
The instruction is In the following lan
guage:" Instruction No. 6 follows, which
Is not Important to quote here.
I quote from second paragraph, ' page
161: "Whether or not the instruction was
proper In view of the evidence adduced is
the sole question presented for our con
sideration." I quote from page 170, second line: "The
instruction which required that to a con
viction he should be found guilty ot prac
ticing medicine, surgery or obstetrics aa
generally or usually understood was er
roneous." "In cases presented as In this
case, no Judgment can he rendered In this
court and therefore none will be at
tempted." ,
Is there any chance fpr an argument
against the statement 'that there la no
court record in this state adjudging that
Christian Science practice Is unlawful?
The only question decided by the su
preme court la that the particular Instruc
tion, No. t, was an error of the lower
court.
The effect of the decision of the supreme
court Is that If another case against a
Christian Scientist should be tried for vio
lation of the same law, the district court
would not give that particular Instruction
or the same In substance; but would be
under no obligation to regard the mere
arguments and personal opinions of the
commissioner contained In , the opinion
which are not directly Involved In the de
cision cf the point presented for deter
mination. After a careful study of chapter lv con-;
talnlng the law In question, and the law
relating thereto: also having a fair under
standing of what Christian Science prac
tice Is, I am satisfied that when the sub
ject shall be well considered and under
stood by any unprejudiced mind, he will
be convinced that the law of this state
herein referred to has no application what
ever to Christian Science practice.
Let me repeat, that the only Judgment
record of any court In this state wherein
the question of Christian Science practice
has been an issue stands In full force and
effect, vis., that Christian Science practice
Is not unlawful.
That the decision of the supreme court
In the Buswell caFe Is, not that Christian
Science practice la unlawful, but only that
the district court gave a certain Instruc
tion which Is erroneous; and the status of
Christian Science practice Is not preju
diced by the decision. Yours respectfully,
J W. ELLF.lt.
James C. Ilrrnnan.
OMAHA, March 21.-To the Editor of The
Bee: James C. Brennan was not famou
aa the world gauges fame. He had a won
derfully wide acquaintance among Indi
viduals, so wide, Indeed, that In the face
of the fact that Nebraska did not seem to
know him, he was one of the best known
of Nebraskan 1.
I do not write for those who were
strangers to Mr. Brennan; I seek. In a
feeble way, to put Into words the deep and
tender sentiments felt by everyone who
knew him well. I have been the beneficiary
of so many kindnesses at his hands that al
though I were to live to the ripest of a
ripe old age, 7 could never repay them,
During seventeen years of friendship I
have so often profited by his loving kind
ness that now I proudly lay this humble
tribute on his tomb.
I never knew a man whose life was more
thoroughly devoted to good deeds than was
the life of this man. I write not from a
passing acquaintance, but from years of
the most Intimate, personal association. In
my capacity as a newspaper man. It has
been my duty to write many articles con
cerning men who have passed away, but
never have I had such a difficult task as
signed me as when one of Mr. Brennan's
friends suggested that ' I write something
by way of tribute to his splendid memory.
Those who knew him aa I knew him, those
who loved him as I loved him, will, I am
sure, understand that where this pen has
failed to do the subject justice It Is because
"great griefs are voiceless."
Manifestly It does the dead no good
that the living speak well of them, but
those who feel a sorrow they cannot de
fine -are disposed to say something by way
of tribute: and these tributes, paid In
faithful spirit to deserving men, do the
world no harm. I do not, by any means,
intend to place this man upon a pedestal.
I know that there are all over this world
men Just like him men who are obeying
the divine injunction, "Bear ye one an
other's burdens." He obeyed that injunc
tion. We who knew something of his
clicumstances realized that although at
times his own treasury was depleted. It
seemed to be overflowing and all for the
benefit of his fellows. We knew men
staggering under heavy loads, in some
cases not so large as his own, who were
aided In their troubles and largely re
lieved of their burdens by his advice and
co-operation. We knew and this Is one
of the brightest stars in the constellation
of his good deeds that, never in all his
life, did ho forget the widow or the or
phan of a friend. It Is easy to understand
how one man will rush to the support of
another, strong and powerful; but when
the husband and father is gone anu there
Is no chance of recompense In business or
in politics, it is too often the case that
there are no friends In sight. But James
C. Brennan was not that kind of a friend.
The same fidelity, the same honest friend
ship he displayed toward his strong and
Influential companion In politics or In busi
ness was transmitted to that companion's
widow and orphan and In the transmission
it seemed to grow and thrive.
He was one of those men with whom
one could not associate for an hour with
out learning much. Not everyone knew
how thorough a student he waa, yet every
one knew that his sympathies were broad
and deep; that his heart was big and that
wherever men were hopeless, wherever
women were friendless, wherever children
were fatherless, they could find in him a
faithful friend.
It was Mr. Brennan's privilege to oc
cupy several places of honor and trust,
public and private. .As a member of the
legislature he was a free man who served
the people faithfully. As steward of one
of Nebraska's state Institutions, he was
methodical and businesslike, and never did
unclean dollar stain his hands. As a citi
zen he was vigilant for the public good.
As a man he was pure and upright. As
a democrat he was true and faithful. As
a friend to his friends he was "Macgregor
on his native heath." He gave to the
world considerably more than the world
ever gave to him.
There are in Nebraska so many men,
women and children to whom "Jim" Bren
nan did some loving service that I am sure
I express their sentiment when I write
above his grave, in paraphrase of the sweet
epitaph he loved so well:
"Warm western sun, shine kindly here,
Warm western breeze, blow softlv here,
Oreen sod above. He llirht. lie llh!
Good night, dear heart! Good night, good
RICHARD L. METCALFE.
Quaker Maid Rye;
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Expoition by Jury ol Connoisseurs lot PURJTVi
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Chase's SORE THROAT CURE
For the Throat, Mouth and Teeth
Effective Pleasant, Antlseptlo
At Draliti. Price 23c.
J
J
THE
Miners Will Build In Denver.
DENVER, Mnrch 21. The directors of
the American Mining congress. In session
here, hnve decided to erect a mining tem
ple at uenver to De used as neauquarters,
and also to gather together a permanent
mining exhibit. The following directors
are present: Colonel Thomas Ewlng of
Ban Francisco, George W. Horsey of Fre
mont, Neb.; Dr. E. R. Buckley of Rolla.
Mo., and A. W. Gilford of El Paso, Tex.
Best M&JSLzine
:
for aalo this month is tho
APRIL NUMBER of tho
METROPOLITAN
It has 18 strong features, over 130
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4 OF THE SPECIAL FEATURES ARE:
1. Jack London's new story
2.
3.
4.
THE GAME.'!
Illustrated by HENRY HUTT.
Rt. Hon. Arthur J. Balfour's ; '
remarkable article entitled
GREAT BRITAIN IN ;
FIGHTING TRIM"
This gives the prime minister's views on tho
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reading and surprising reading, too. The article
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VV. B. Yeats paper
on THE AMERICANS giving his vfewi
of us as a people the result of his recent lectu ,
trip here. , k .;
Mrs. Thurston's novel
THE MYSTICS begins in this issue Jl
is a strong story by the author of the Tha
Maequerader. M " Do not miss it.
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