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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 18, 1905)
THE OMAHA DAILY BEE: TnURSDAV. MAT IS, IMS. 9 Bulk and Barrel L I M E White and Brown EVERYTHING FOR BUILDING CRUSHED STONE For Concrete Work ' Our stock is complete and we can make immediate deliveries in any uur giKKlh are the btainnble, and the is always ad low the lowest. L make immed quantity, best ot price Portland CEMENT Hydraulic SIDEWALK BRICK OMAHA COAL ICE CO. Telephone - 373 Estimates and Prices cheerfully furnished on roquest. SEWER PIPE All Sizes in Stock FLUE LINING I Both Fiber PLASTER and Finish No Order too large for our capac- . Hy; none too small to receive instant attention. AUDITORIUM CORNER Bank SAND River LOGAN LAMBERT IS IIELD Van Who Assaulted Father Schell Bound Over for Felonious Arnault, PRIEST TELLS STORY OF THE ATTACK Effart of Prisoner to Srrre DIs chtrt Not Successful and Former I.lqaar Trader la Lao kin a; for Balk DAKOTA CITY, Neb., May H.-(8perlal.) l.gsn Lambert. the Homer ex-saloon keeper, who on the afternoon of April 36 last assaulted Rev. Father Joseph Schell, the priest m-ho Is Interesting himself In be lialf of the Winnebago Indians, In Kaston's livery barn, in this place, and broke his Jaw In two' places, from the effects of which he has Just recovered, had his pre liminary examination' before County Judge J. J. Elmers on the charge of assault with Intent to commit great .bodily harm, and was bound over to the dlatrlct court In tho Bum of 1700 bonds, 'which it is thought he will be able to furnish. ' hut three witnesses were Introduced by the state, being Hob Homan, tho barn at tendant Who witnessed the assault; Rev. Father Schell and Dr. House of the St. Joseph hospital. Sioux City, who attended Father Schell. The witnesses corroborated each other as to the assault. Rev. Father Bedell's testimony was to the effect that he had come to this place to attend county court, being Interested in a case that was tin trial, us did also I-ambert. Father Schell and Lambert met several times dur ing the day, and at noon they shook hands together and passed the tlnie of day. At the conclusion of the trial of tho case after dinner on that day Father Schell want to the barn to get his rig. Priest Tells of Aaaanlt. Just as he entered the 'barn Lambert fol lowed hi in in and said: "Father Schell, 1 want to speak to you a moment in regard to my case in the courts at Omaha." Father Schell replied, "All right," suppos ing Lambert to be his friend. "I want to falk to, you privately," said Lambert, and, being followed by Father Bchell, they pro ceeded to a stall, about half way back in the barn. Vioii arriving there Lambert aid: "Well, Father Schell, what do you think of it?" Father Schell, partly turning around from Lambert and looking down, hesitating in thought, said: "1 think" but he never finished the sentence, for a blow from Lambert's tltst felled him to the ground unconscious. On attempting to arise Lambert grabbed hi in by the clothes and threw him back on the ground, each time kicking him in the face, until shame caused him to quit. From the barn the priest went to the nearest liouse,, which was that of Deputy United states Marshal John F. Sides, where he was washed up and from there taken to the train to the Sioux City hospital, where he remained until a short time sluce. While being kicked on the floor of the barn Father Schell discerned what he took to be a billy in the hand of Lambert. J Unktrt'i Hand Damaged. The only witness 'placed on the stand by the defendant was Dr. D. B. Stldworthy of Homer, who testified that on the evening ot the fight he made an examination of the hands ot Lambert and found the knuckle of the third linger ot his right haid broken and tho hand badly swollen. The attorney, for the defendant, William 2'. Warner, pleaded the court for a dismissal of the charge on the grounds that a simple assault had only been proven, which was resisted by County Attorney J. J. McAUIs. ter and his associate counsel, R. J. Mil lard, ex-county attorney of Cedar county, who proffered his services to Father Schell. The court overruled the motion after a heated argument on both sides. Owing to the large attendance at the trial County Judge Elmers was compelled to use the large district court room. District Court Reporter Herman Freese of Pender was present and took down the proceedings. Lambert, In company with Sheriff Hansen, has gone to Homer with the hope of secur ing bondsmen. i,owi:rt F,i,Kjion. is RISING Large Anioont of Land Near Mrk erson la Flooded. FREMONT, Neb.. May 17.-(8pecial.)-The Elk horn river is higher this morning than at any time since the rise began. Near Nlckson hundreds of acres are under water and the roads are damaged. The bridges near that town are all right. Residents and land owners In the south western part of tho city are feeling very anxious about what the Platte will do in the next stage of high water. Where it first left its banks wese iof town it began to cut a well defined channel several feet In depth and extending some distance to wards the city. This was dammed up by earth and fascines. A little to the south of that another channel was started. For a distance of half a mile the banks are low and sandy and afford little resis tance to the. force of the water. Unless a dike Is rut in extending along the upper part of this strip the high water of next spring will flood tho southern part of the city worse than It did Sunday night. It is almost impossible to pump out tho flooded cellars In the section south of the trucks. The ground Is so saturated that the water seeps In almost as fast as it Is taken out Steps will probably be taken shortly to organize a protection district and build an embankment or put In some permanent structures which will keep the Platte from cutting oft the southwestern part of Fremont. PLATTSMOUTH, Neb., May 17. (Spe cial.) While the flood conditions along the Platte river are disappearing, additional reports of damage as a. result of the over flow have been received here. On the premises of H. M. Marks, a farmer residing a short distance west of n-eapolls, the water surrounded the home and the family had considerable difficulty In reaching a place of safety. Mrs. Marks, who was bed fast at the time, had to be carried to the home of a neighbor. At this place some of the stock was also drowned, and a large Held of corn will have to be replanted. Many other farmers along the river In Cass county suffered from the flood, and the damage, especially on the bottom lands, will be great. Fined for Assaulting- Jap. LEXINGTON, Neb.. May 17 -(Speclal Tel egram.) Frank Karnes, a member of the gang which Inflicted the blows on the Japa nese boy here Monday, had his trial before Judge Turton today. He was found guilty and fined J75 and costs. The boy Is recov ering, thanks to those who came to his rescue. The other members of the gang will be released from jail on promise of leaving the county. Change In Bank Ownership. BROKEN BOW, Neb., May 17 (Special.) An important business transaction took place this week when F, M. Rublee dis posed of his Interests in the Commercial bank to W. A. George, one of the leading citizens of the town, consideration un known at present. It Is understood on good authority that the change will occur June 1, Mr. George intending to Incorporate for tho sum ot 25,O0O. MILWAUKEE FILES PROTEST Object to Taxation by Stats on Ita Trackage Bights in Omaha, OLD FIGURES SUIT THE ROCK ISLAND Supreme ( nnrt Snstalns Contention of (torrrnor 1lekey In Case ' Which Figured la Late Cam pa I an. (From A Staff Correspondent.) LINCOLN, May 17.-(Speelal.)-Today the State board granted a hearing to Tax Commissioner Dudley of the Milwaukee railway, which was recently notified that under an opinion of the attorne general it Is taxable in Nebraska, although It uses the Omaha terminals of the Union Pacific. Dudley objected to the Jurisdiction of the board, said that the company owned no track in the state, and urged that the addi tion in the value of the track due to its use thereof ouglil to be taxed to the Union Pacific. , The governor Informed him that as a matter of equity, the board believed these leasing lines ought to be taxed, although tlie commissioner tried to make a dis tinction between Its enjoyment of trackage facilities, and an out and out lease. The members of the board drew from him the fact that the Milwaukee sleepers and chair cars were operated across the state. Dudley was given ten days to get the data required by the board. It was Inti mated that the work of assessment might be completed the first week In June. Tax Commissioner Maher for the Rock Island appeared and asked the board to leave the valuations at the figures for 19(4. Then the main line was assessed at J9.800. He said the company would not enter any protest if those figures were adopted again. Apportionment I.esa. The May temporary school fund appor tionment as announced today by Treasurer Mortensen is :1S9,540.05. as compared with $143,000 a year ago, when the high water mark was reached. The slump Is at tributed in part to the failure of the Union Pacific and Burlington to pay taxes, and also to the fact that the uniform halt mill levy will not yield as much on the new valuation as the old levies ranging from one-half to one and one-half mills. Municipal l.eaaae Wlna. In the primaries held yesterday the Mu nicipal league scored a victory in the nom ination of five candidates for aldermen who had been recommended. The vote was light. The high man was A. H. Hutton, recently republican candidate for mayor, who was beaten by the democrats and dis gruntled republicans. Medics in Session. Three brands ot doctors are In session In the city. The homeopaths ot the state arc holding their thirty-second annual ses sion. The eclectics are holding their thir teenth annual session with a good at tendance. A number of distinguished phys icians from other states are In the city. The dentists arc still in session. Clinics and special lectures occupy their time. Governor Mickey Wlna Snlt. The supreme court In the case of Oscar Samuelson against J. H. Mickey, which played such a large part In the last gub ernatorial campaign, decides 'that tho Judg ment of the lower court was based on in sufficient evidence. The lower court ad Judged a deed to some land acquired by the governor to be a mortgage despite the con tention that it was absolute and gave the power to dispose of it. The land was Reeded to Mickey In trust, it was claimed, but he testified that Samuelson had rented the land of him and acknowledged the transfer of title. During the campaign an effort was made to show that the gov ernor had taken unfair advantage of a debtor in holding the land under a deed Intended to be a mortgage. In the opinion which was prepared by Commissioner Albert the law is stated as follows: The test whereby to determine whether a deed Is absolut.) on Its face should be held to be a mortgage, is whether the relation of the parties to each other as debtor and creditor continues. If it does, the transaction should be treated as a mort gage, otherwise nol. Riley against Starr, 43 Nebraska. 243. Evidence examined and held Insufficient to sustain a finding that a deed, absolute on Its face, was Intended to operate as a mortgage. World-Herald Denied Rehearing;. The supreme court entered an order this afternoon denying the application of the World Publishing company of Omaha a rehearing in Its case against County Treas urer Fink of Douglas county Involving the publication of the delinquent tax list. The court recently decided adversely to the company and the present ruling is on a motion for a rehearing. Darker Must Hang;. The supremo court has overruled the motion for a rehearing filed by the attor neys tor Frank Barker, the Webster county double murderer, sentenced to hang June 16. The forty-day limit in which the motion could hare been filed expired Tuesday. Wednesday morning counsel for Barker submitted an application for leave to file a motion for rehearing. The court allowed the application to be filed, but overruled it as Intending to delay the car rying out of the former decision. I aer of Stork Paaa. Paaaenger. Tho court has adhered to Its former judgment In the case of the Burlington Railroad company against David C. Trover, error from Hamilton county. Judge Barnes dissenting. Troyer, while traveling on a stock shipper's pass, sustained personal Injuries. In the lower court Judgment was given against the railroad. The supreme court holds that under the evidence the question of the alleged negligence of the company was a matter for the Jury to determine and that the evidence Is suf ficient to warrant a finding that the de fendant company was guilty of actionable negligence, which was the proximate cause of the Injury complained of. The court says that It cannot be said ss a matter of law that the plaintiff was guilty of contributory negligence so as to pre clude a recovery. The court holds that a person while traveling on a freight train on a stock shipper's pass for the purpose of attending to the live stock being shipped, sustains the relation to the carrier of pas senger, but in a restricted and modified sense. Stock Yard ot Com mob Carrier. In the case of the Burlington railroad company against Powers, error from But ler, the court reverses the Judgment of the lower court on the ground that the evidence is insufficient. The cause Is remanded for further proceedings. This was an action for damages, the plaintiff alleging that the railroad company's pens at the town of Thedford were decayed and rotten and were unfit for use and that the plaintiff's cattle broke out of the yards and he was forced to expend considerable money In employing herders to search for the ani mals, thus causing delay In shipment. A verdict for 1250 was given In favor of the plaintiff Ih the lower court. The court holds that a railroad company which con structs yards by the side of its track to facilitate the loading of stock Is not re sponsible as a common carrier for stock placed in such yards for subsequent ship ment, but subject to the right of the ship per to remove the stock from the pens for feed and water before the shipment is actually made. In such a case the lia bility of the company Is no greater than an ordinary depositary or bailee. Had Right to Try Crossing. The supreme court holds that Nels Math slen was not guilty of negligence in at tempting to cross the street car tracks at Twentieth and Leavenworth streets In Omaha when he saw a car approaching and believed that there was sufficient time for him to get over the track before the car arrived. His estimate of the distance proved a little faulty and the car struck the rear wheel of his wagon. The case hinged on the plaintiff's Judgment of dis tance, the Omaha street railway company, defendant, alleging that the plaintiff was guilty of negligence. The court holds that the question Is not whether the plaintiff ought not have seen the car at a greater distance, but whether he was guilty of negligence in attempting to cross with the car at the distance It actually was when he saw it. Omaha Kot Liable for Roy's Death. The city of Omaha Is held not liable tor the death of Austin Reeder, a 9-year-old boy, who was drowned In a pond near the Intersection of Seventh and Center streets. The pond was formed by an embankment made in grading Sixth and Center streets and because of that fact the boy's father sued the city for damages on account of the death ot his son. The court holds that some direct connection between the Injury complained of and the- negligence ot the city must be shown In order "that the plain tiff may recover. Because there was no direct connection between the negligence charged against the city and the accident to the boy the district court properly directed a verdict in favor of the city of Omaha. Porter Mast Pay It Back. Former Secretary of State Torter must repay the state $t23 collected by him as fees for recording brands during his term of office, according to the decision of the supreme court affirming the judgment of the district court of Lancaster county. The court adheres to a former decision in the case In which it held that the law giving Porter the fees was unconstitutional as adding to the emoluments of office. In the former trial the case was reversed because the Judgment Included the bondsmen, against whom there was no cause of action because the official in accepting the Il legal fees acted outside the duties of his office. Under the law Porter was to have 20 per cent of the fees. The court In the former decision held that he would not be held liable for that portion which he had paid to the recording clerk in his office. Coople Missing Again. BEATRICE, Neb., May 17. (Special Telegram.) Frank Hanscom and Mrs. Fred Ortnian of this city, who figured in an elopement here some time ago, have again turned up missing. The authorltiea To the Insuring Public The Penn Mutual Life Insurance Co., of Philadelphia. On the ;th day of December, 1904, by its Board of Trustees, unanimously adopted the follow ing resolution: , "Bf IT RESOLVED by the Trustees of The Penn Mutual Life Insurance Company of Philadelphia, Pa., in order that Its policy-holders may have full and exact knowledge of its business management and of the security and character of Its investments, that the Presi dent of the Company request the Insurance Commissioner of Pennsylvania, together with the Insurance Commissioners of Massachusetts and Wisconsin, either in person or by deputies, to make a fuU and complete examination of the affairs and Investments of the Company, as provided for by law, said examination to be made as early as can be arranged after the closing of the accounts of the Company for the curreir: year." The request of the Trustees was granted, and on the first day of February, 190$, the examina tion was begun, and concluded on the 24th day of April. The official representative's of the three departments, with their assistants and appraisers, in all some fifty persons, covered every detail of the business management and the character and security of the Company's assets. The complete and detailed rejwrt of the examiners is too voluminous for publication in the press, but has been printed in pamphlet form and will be furnished on application to the Home Office of the Company in Phila delphia, or to any of its authorized agents in the United States. The condensed findings of the examiners are included in the following: COMMENTS OF THE COMMISSIONERS THERE WERE PREPARED and submitted to the offi v cers of The Penn Mutual Life Insurance Company such questions as were deemed necessary for them to answer. Attached hereto the same may be found as a part of this report." "AS CALLED FOR in the resolution adopted" bv the Board of Trustees of the Company, a FULL AND COMPLETE examination of the Company was made. and its affairs subjected to the CLOSEST POSSIBLE SCRUTINY." f'THE FINDINGS SUBMITTED by the examiners show that the net surplus of the Company, as of Decem ber 31st, 1904. should be f 4.4H0.4SIS.H6 instead of $4,231. 201.22. MAKING A SURPLUS LARGER bv $259,237.44 THAN CLAIMED in the annual statement of the Company. All of the Company's assets have been appraised by competent experts employed in this examination, and the increased surplus shown arises from the CONSERVATIVE VALUATION ot assets by the marraKement." "THE CHARTER OF THE COMPANY, granted Feb ruary 24th, 1847, provides fully for its operation on a purely mutual basis, and it HAS NO CAPITAL STOCK. The Trustees are elected directlv by the body of policyholders, NO PROXY VOTING being permitted; and the officers are. in turn, elected bv the Trustees, nooneof whom iselifcible to official position." "THE OFFICERS AND TRUSTEES exercise CONSTANT, INTELLIGENT AND FAITHFUL supervision over all features of the company's business. "THE REAL ESTATE HOLDINGS were examined by competent appraisers selected in the various localities, with the result thai the valuations obtained are $387,699.76 IN EXCESS of those claimed by the company. "THE MORTGAGE AND LOAN DEPARTMENTS are well organized and administer their respective duties with commendable caution and skill." "THE LOANS ON COLLATERAL are amplv manned. The stocks and bonds owned were carefully counted, and the market value ascertained through bond ex perts, with the result shown that the values claimed by the company are conservative." 'IN ADDITION TO THE LEGAL REQUIREMENTS the company has voluntarily set aside tl, 062,679 In order to meet any possible contingencies In the way of lower interest rales or excessive mortality." "THE EXPENSE OF OBTAINING NEWBUSINESS has been kept at a normal figure, and no disposition has been found to unduly develop the writing of insurance upon Deferred Dividend Plans. On these the divi dends are apportioned annually, and the interests of the policy-holders are fully guarded by the terms of the contracts and the practice of the company." "THE AGENCY BRANCH, looking at the annual product of new business, has been conducted with due econ omy and with fidelity to the interests of policy holders." ' THE SELECTION OF RISKS is in competent hands, as the very excellent mortality experience of the company indicated. The company is operating in practically all the states and territories of the United States, and on December 81, 1904, has upon the 'paid for' basis 140,798 policies outstanding, insuring $3S2,01fi,287." "Although an examination of this kind naturally inter feres with the routine work of the office, the 'officers and employes of the company rendered every assist- ance within their power to the examiners, and cheerfully complied with all requests." ISRAEL W. DURHAM. Insurance Commissioner, Pennsylvania. Signed 1 FRED'K L. CUTTING, Insurance Commissioner, Massachusetts. ( ZENO M. HOST, Insurance Commissioner, Wisconsin. It is with pleasure and satisfaction that the Trustees and Officers have received and now publish the report of the Commissioners. In the future as in the past they will strive to fulfill the mission of A PURELY MUTUAL COMPANY confining their efforts to transactingbusiness within the lines laid down in its Charter and Bv-Laws and in strict compliance therewith. HARRY F. WEST, President For full information relative to all form's of Purely Mutual Life Insurance, apply or write to C, Z. Gould, General Agent, 522 Bee ISldg., Omaha, Xeb. believe they left over the Rock Island for the east last evening. Sheriff Trude is sending out curds giving a description of the couple. Both Hanscom and Mrs. Ortman leave large families. Ortman Is prominent German farmer living nortn est of town. Gift to Donne College. CRETE, Neb., Mny IT. (Special Tele gram.) Doane's students and faculty mem bers are tonight rejoicing over the receipt of a $10,000 gift to the college. Public, an nouncement of the gift of that sum by James Whitcomb of Worcester, Mass., was made during the progress of the band con cert on the campus this evening and was received with cheers, college yells and a general Jubilation. The gift camn as a re sult of the solicitation of President Perry, who is at present In the east. It Is to be used In the erection and equipment of tho music conservatory, which had been planned as a part of the new Lee Memo rial chapel, and will bear the name ot the donor. The entire building Is to cost $30. 000 and approximately half of this sum is now raised. Satton Greets Lincoln Men. SUTTON, Neb., May 17. (Special.) The Lincoln Commercial club excursion train stopped here for thirty minutes this after noon. Each representative as he alighted from the train was presented with a neat address, as a souvenir, enumerating the different enterprises in and around Sut ton, as well as a short statement setting forth Its claims for recognition by the Job bing trade. A large number of carriages were provided and the club members took advantage and were shown about the city. rsi of Kebraaka. BEATRICE A class of twenty-five will graduate from the Beatrice High school this year. STELLA Hon. John M. Brockman was taken suddenly ill Sunday and is in a criti cal condition. Dr. Rmcliard of Falls City tins been culled in counsel with the local physicians. WAl'SA Waus.i met In a mass meeting last night end derided to celebrate the Fourth of. July. YORK Mr. C. J. Carlson and Mrs. (t. F. Hurk of this ciiv were married last evening at the residence of the groom. CHADKUX-Herbert Lloyd Jenkins and Bertlia Mae Philips were married at the residence of the parents of the bride at Hot Snrintrs, S. D. YORK Mr. Carl R. Boston and Miss Edith E. Wood were married last evening at the residence of the bride's parents by Rev. John Crelghtnn. CIIADRON Robert l.awrence Newberry and Polly Fahnestoik were married at the residence of Mr. and Mrs. B. F. Fahne stock, parents of the bride. BEATRICE Mrs. Maggie Pape, wife of William Pape. living nix miles northeast of Beatrice, died yesterday morning after a brief Illness, aged 22 years. CHADRON Tho Ministerial association of the t'hadron district of the Methodist Episcopal church was held In Chudron tho past week, closing yesterday. BEATRICE Work on the Young Men's Christian association building here is pro gressing rapidly. The building will be sub stantial and modern In every way. SEWARD The Board of Supervisors niet yesterday and approved the bond of the court house contractors, Marxen & Bokalir. The contractors say that work will com mence next week. FREMONT The May term of the district court convened this morning with only six cases, live civil and one criminal, set for trial. The first case up was dismissed without prejudice, as the plaintiff failed to put in appearance. CHADRON Charles James Norton of Amsterdam, N. Y., and Mrs. Mary Emily Norton of this city were married yester day. This couple had been divorced, but the trial of life alone proved to each It was better to bo united. NEBRASKA CITY The commencement exercises of tho Nebraska City High school will be held at the Overland theater on Friday evening, May 2i. An Interesting program has been arranged. The class con sists of sixteen young people. NEBRASKA CITY In the district court this morning Judge Fa ill Jessen sentenced Guy Applcgale and William Roberts to serve two years each In the penitentiary. The young men had plead guilty to rob bing the store of L. Kropp In Wyoming precinct The prisoners are about IS or IS years of age. Young Applegate escaped from the state reform school only a few days before he was arrested for burglary. GENEVA Yesterday the park commit tee of Ladies of the Equal Suffrage dun, under the chairman, Mrs. Peter Ynungera, begai work In I he park. Mrs. Youngere is a landscape gardener and devotes much time and ruins to the park work. HBWARD The Woodmen and Royal Nelghtiors, with their families, will par ticipate In a strawoerry and Ice cream sup per at the hall on next Friday night, as a result of a contest for new members, th losing side serving the refreshments. CHADRON D. C. Konkey, department revenue collector, with headquarters at t'hadron, has resigned his position and will go to Broken Bow and engage in the hard ware business. The new man, to take hla Iilace. is not yet here, nor Is his name mown, certainly. SEWARD At the County Association of Sunday Schools, at Tamom, this county, in which thirty schools hold membership. Rev. P. W. Leavltt of Seward was elected president, Miss Runnels of Mllford, vice S resident, and Miss Maude Archer of taplehurst. secretary and treasurer. OSCEOLA The hand of the Second regi ment, Nebraska National Guard, has se cured the services ot Prof. H. W. Wend llng as their leader. Mr. Wendllng Is fin ishing up his college course at Doane. and after graduating will come to Osceola. H will be assistant principal in the Osceola Hish school. BEATRICE The wolf Industry has be come quite an enterprise In Gage county during the past few months, and most every day a bunch of scalps are left at the county clerk's office. Yesterday the following named persons visited the clerk's office and claimed bounties on scalps: C. C. Wells. Elm township, eight; Herman Koch, Grant township, live; Henry Ewers, Hanover township, nine; Elmer Welmer, Sicily township, nine. STFLLA A gasoline stove exploded in the Burches restaurant at Shubert yester day, setting fire to the building, which was saved by hard work of the neighboring business men. The explosion carried such force as to practically wreck the fixtures and the force was sufficient to knock out the front glass nnd also wrecked a piano which was in the building. The accident occurred in what Is known as the Me Gechle building and has been occupied a a drug store till recently. The morning of life is the time of abundance, profusion, strength, vigor, growth. When v the sun begins id sink, then the hair begins to fade and tho silvery gray tells the tale of approaching age. What shall your mirror say, sunrise or sunset? Rich, dark hair? Or faded, gray hair? The choice is yours, for Ayer's Hair igqr always restores colorto gray hair. Andit checks falling hair, also. J. C. Ay.r Co., Lowell, Nut,