THE OMAHA DAILY BEE: FRIDAY. JUNE 23. 1P05. Trlrphono (?M. "Hood nature and tfnm tit temper mill trlre yon an rnr roinpnnlon for life" Bee, June 22. 1005. Special Sale of Renaissance and Jap anese Linen Center Pieces and Doylies 100 dozen 3oc Tenneriffe Doylies at 12 Jc ench. . 100 dozen 50c Japanese Center Pieces at i;c each. 100 dozen 50c Renaissance Center Pieces at 19c each. 50 dozen ?1.00 Renaissance Center Pieces at 49c each. 10 dozen f 1.7." Japanese Scarfs at 91.28 each. See our Sixteenth Street Window Display. Hiorips on. Reld eh &fioi Y. M. C A. Building Corner Sixteenth and Douglas Strut within tho legitimate sphere of action belonging- to tiie Judiciary. And Insolur an human fit nihility permit to reach a con-c-lnsiim from ii strlftly leal und Judicial stnnlrliit. The final and ultlmato con struction; of tli" constitution Is by that In ternment entrumed to1 the court. We have endeavored to dlschargo the trust thus reptiS'-d In tlie tribunal over which we for a time give exprenslon to Us utterances and decrees according to the meaning ex j.rcxseil or arliilng by necessary implica tion. lr so doing we are unulile to escape the conclusion that the legislative enact ment In controversy conflicts with several of the provision!) of the fundamental law and that the former must give way and be declared without legal force, Inoperative and void. In regard to the provisions of the sched ule which tho attorneys contended were merely temporary and directory Judge Hohiomb says that they are In many In stances as lasting as other portions of the constitution and were so Intended. Much reliance had been placed on a. Kansas de cision upholding a similar statute, but Judge Holrumb points out that there la a marked difference between the constitu tion of the two states In that the Ne braska document designates specifically the time When terms of office shall begin and end. With reference ""to tho contention that the legislature had the power to postpone i for a year the choice of the successor to the prosont Incumbents. Judge Holcomb says that it would leave the control of .tho offices exclusively In tho legislature. IIo says that tho provision of the constitu tion providing that "an officer shall hold over until his successor Is elected "can not bo understood to confer on the legis lature the power to unnecessarily postpone the election of a successor to the office, and thereby create a condition authorizing the Incumbent to hold over after the ex piration of his term. The mischiefs which would result from this construction of tho constitution and the recognition of this au thority In the legislature are too evident to require discussion. By the adoption of ' measures of this character the legislative deportment would appropriate to Itself an extensive and dangerous power and In fluence over a great number of offices and ' officers." "I am willing to take my chances," he said. ' Clerk of the County Court Ieslle said he was not anticipating any other result very strongly. "As the tl-ne went on since the agreed suit was brought and submitted to the court I have been growing in the belief that we would have an election this fall 4s usual," said Mr. Leslie, who will be a candidate for the county Judgshlp. Judge Vlnsonhaler has announced his Intention of resigning as soon as certain business ar rangements aro completed, and in any event he will not again be a candidate. Clerk of Court Uroadwell, now serving his second term, will hold for two years moro and so Is not immediately interested In the decision. One of his deputies, Andy Gallagher, .com mented on the decision In these words: "The supreme court of the great state of Nebraska having spoken, why should we question Its decision. What the court says goes here." County Assessor Becd's naturally expan sive smile was broadened a bit as he went to lunch after hearing, of the decision at Lincoln. "I have put in a somewhat strenuous morning with tho Board of Equalization," he said, "and It really needed something like this to keep me level. The supremo court always has had my deepest respect, and, of course, right now it is even more popular with me than ever. But, seriously, as the lawyers say, I will have to see the decision itself before committing myself." The county commissioners were seen and they all had the same newly upholstered smile and erect air of being sustained by righteousness and victory. "Just what we expected," said Mr. Mc Donald, and he spoke the sentiments of the other men affected by the . decision, Messrs. Kennard and Hofeldt. ' OMAHA MEN ARE NOT SURPRISED ' 'Abbott and County Officers Dlsenss -'.. the Decision.. When the announcement of the decls'on . was mnde about the county court house . there was not as much surprise apparent. 'as might have been expected. Certain 'of the county officers all along have ex pressed the view that law. with relation to their offices would rot stick. John C. Drexel, county clerk. Is one of the men who have freely expressed that opinion. He aaidt . v ".'"V- i t , "I am not at all surprised, because I have, believed from the time the bill was passed that. )t would be knocked out It attacked." Asked If he would be a candidate for re election. Mr. Drexel refused to declare himself on the matter. "It Is too far ahead for that," said he. "and I may make up my mind to stay out of the light." Atorney Lysle I. Abbott, who acted for the County Officers' association In prepar ing the bill and. advocating It before the legislative committees, discussed the de cision with circumspection: "I have no idea," he said, "of the grounds given for the decision. I have felt all tho time that the four bills covering the assessors, registers of deeds, county com missioners and supervisors would be sus tained. As to tho fifth bill, that relating to the other county officers, the judges and regents of the university, I rather be lieved that the incorporation of the judges and regents would bo considered In the light of an lnduoement for the bill. I have expressed the view that if I had the Work to do over again I would be very Vnuoh inclined to put all the offices affected into on bill.. The merits of the deHsftiri , cannot,- of' course, be discussed hi advance of the opinion In full." . County . Engineer Kdquist said: "At the time the bill was Introduced I told Mr. Warner, who is a friend of mine, (repre sentative i, from Lancaster and co Introducer of the bill), that some one would probably attack It and have It de clared unconstitutional, so I am not much disappointed." Mr. Edqulst said he would, so far as he knows now, be a candidate for re-election. "ARNOID" KNIT BATH APRON Makes Baby's Bath a Pleasure Tlien preparing baby's bath, tie Uils aprou u round you. aud after washing, wrap tho infant in the apron, and you'll be pleased with the way the garment absorbs every atom of moisture, leaving baby's skin soft, cool, sweet aud dry. It can be also used as a carriage or cradle ijullt. This garment is made in both merluo and cotton; has closely knit ted back, with heavy, long, down fleece. Exceptional care bus been taken to render it highly absorbent, aud it Is absolutely non-shrlukable. The edges are neatly bound aud ele gantly finished. Standard size Is 36 Inches square. Trice, fl.OO. Writ for catalogue. DEN SON & THORN 1S11 DOUGLAS BT. SACRED HEART GRADUATION Academy Closes Twenty-Third Year with One Hundred and Twenty-Eight. The twenty-third year of the Acamedy f Sacred Heart was brought to a close Wednesday morning with commencment exercises and distribution of premiums In the parlors of the academy at Thlrty-slxtli and Burt streets. According to the usual custom obtaining at this institution only the pupils, teachers and Catholic clergy of the city were present at the exercises. Graduating honors were awarded to Misses Margaret Brown, Rose Coffman, Mary Halltnan, Margaret Ijinl- gan, Agnes McNally, Mary Murphy and Clementine Rousek. The school year closed with a total of 128 pupils. The gold medal for Christian doctrine, offered by Rt. Rev iticnarrt scannell, D. D., was awarded to Miss Mary Ifallinnn, one of the graduat Ing class. Honorary distinctions and rib bons were given to various pupils for ex cellency In the various branches of study. In the absence of Bishop Scannell, who Is In Europe, Rev. A. M. Colanerl, vicar gen eral, presided and conferred the graduating honors. , An Interesting program was rendered by the pupys In connection with the com mencement. Joseph Gahm, Robert Cusea- den and Ben Stanley offered several piano. violin and vocal solos, respectively. The address of welcome to the clergy by Mis Agnes McNally was well received. A neat little phllsoophlc skltch by Misses M. Rous seau, I. Farrell, M. Schmidt, C. McCaffrey and H. Perry, 9-year-old girls, was one of the best features of the occasion. The little philosophers, inveighing against the false theories of the day, acquitted them selves In a manner altogether worthy of older heads. A chorus gave a selection from "The Redemption," which was accom panied by a tableau of the Good Shepherd. Miss Gleeson displayed skill In her rendi tion of Soiree de Vienne, No. 0. Yesterday afternoon, on the spacious lawn of the academy,' the procession of the Blessed Sacrament was observed In memory of the feast of Corpus Chrlstl. The Thir tieth regiment band from Fort Crook was in attendance, with a detachment of thirty soiaiers. mis procession and accompanying service Is described as being one of the most beautiful and Impressive ceremonies of the Catholio church. JEROME WILL INVESTIGATE New York District Attorney to Take a Hand in the Equitable Affair. STATEMENT BY ATTORNEY GENERAL Steps Will De Taken to Secure the Iletnrn of Any Money Wrongfully Taken from Treasury of the Society. NEW YORK, June 22.-Followlng the pub lication of the report of Superintendent of Insurance Hendricks as to the affairs of the Equitable Life Assurance society came the statement that District Attorney Jerome of New York county has undertaken an in quiry into the conduct of the society. August Belmont has tendered his resigna tion as a director of the Equitable. Attorney General Julius M. Mayer ar rived here from Washington tonight and will remain In town several days Investi gating Equitable affairs. In an interview tonight Mr. Mayer said It is manifest that the people throughout the whole country sft profoundly Interested In the affairs of the Equitable Life Assur ance society. Therefore, I think it fitting to say that appropriate sups will be speedily taken by me. First, to accomplish the return to the Equitable of any profits wrongfully made or retained by reason of trust relations or other cause. Second To debar from holding office in this company any person who has been faithless to tils trust or who violated any orovls ons of law Third To obtain an accounting for any waste or misapplication of funds for any reason or by anybody. Ch-tirman Morton of the Equitable so clcty today declined to comment on the Hendricks report, saying that he had not yet digested it. He said he had not ac cepted any more resignations. From an authoritative source it was learned that Mr. Morton Is now devoting himself to the work of reorganizing the board of direc tors. Attention was directed today to the fact that four of the Equitable officers men tlon1n the report of State Superintendent of Insurance Hendricks ns drawing salaries for the last five years are no longer ac tively connected with the company. E. W. Lambert appears In the report as medical director, with a salary of $2E.0O0 a year. He died thirteen months ago and yet, accord ing to the table, his salary was paid this year and last. Edward Curtis, who figures as a medical director at J15.0M) a year, walgned that position eighteen months ago. George H. Squire, who is now a director of the com pany, Is down on the list as financial man ager at $12,000 a year, although H. R. Wln throp succeeded Mr. Squire as financial manager many months ago. J. B. Loring is recorded as a registrar, with a salary of $3,500 a year. Mr. Loring ceased to perform the active duties of the reglstrarshlp in 1903. Officers of the society today said that possibly Mr. Hendricks had gotten hold of an old list. District Attorney Jerome today received a telegram from Superintendent Hendricks stating that an official copy of his report the Equitable society had been for- WOMAN IN CLUB AND CHARITY WEAVER PURSUES GRAFTERS T on wnrded as requested and should reach New York tomorrow. August Belmont has tendered his resig nation as director of the Equitable society, to take effect if the trustees accept it. They have not yet done so, although It was tendered several days ago. Further Developments Expected. SYRACUSE, N. Y.. June 22.-Further de velopments may be expected before Super intendent' of Insurance Hendricks gets through with the- Equitable Life Assurance society. The report Just submitted by Mr. Hendricks is only a preliminary one which does not contain many matters relating to the management now under Investigation. These lines of Investigation may produce, It Is understood, as Interesting exhibits as those to which Investigation has been com pleted sufficiently to be Included in the preliminary report. It Is reported that the inspectors of the state Insurance department who are work ing on the society's hooks will require four and possibly five months to complete their examination of the company's financial af fairs. Governor Will Help Jerome. WRECK ON WYOMING LINE Engineer Toy Has Arm Droken When Engines Come Together at Ohlman. SHERIDAN. Wyq., June 22. (Special Tel egramsAn engine on a freight bound west and a helper engine on a passenger train met la a head-on Collision at Ohlman last night. Foggy weather was the cause. W H. Toy, engineer of the freight, had his left arm broken. MODERN WOODMEN IN PARADE Ten Thousand Men Take Part in Demonstration , at Head Camp Meettns. MILWAUKEE. June 2.-Ths feature of today's session of the head camp, Modern Woodmen of America was the parade In wnicn ju.uun members of the society turned Peoria seemingly leads In the contest for next fear's convention. Borne of the Industrial conditions that threaten to become unusually oppressive to girls was the subject of an address by Mrs. Florence Kelley of the Consumers' league before the council of presidents at the Atlantic City meeting recently and she offered the following resolutions, which were adopted by the council: Whereas. The development of machinery during the past five years has enabled girls employed In the needle trades and the tex tile trades to double the amount of their product, and Whereas, This Increasing speed Involves corresponding Increase of strain upon the eyes and the nerves of these young work ers, and . . Whereas, The young workers under the age of 18 are Increasing more rapidly than any other part of the working class, and their health and welfare constitutes an ever-Increasing element of the health and welfare of the nation, and Whereas, Two states. Ohio and Colorado, have shown by successful effort that pro tection for these young workers can be afforded (Ohio by prohibiting for them all work after 7 p. m. and Colorado by rc restrlcting their hours of work to eight In one day and forty-eight In one week). Therefore, Resolved that the council of the General Federation of Women's Clubs recommend to the state federations and the clubs that they strive In their re spective states for the legal protection of these young workers under IK years of age. First. By statutory promoiuon oi wum for girls under the age of 18 after 7 p. m., In manufacture and commerce, as In Ohio, aud Second. By restricting their employment to eight hours In one day and forty-eight In a week, as In Colorado. Mrs. Kelley's resolutions have already been adopted by the Consumers' leaguo and will be presented to the coming convention of the American Suffrage association at Purtland, and to the National Council of Women and Congress of Mothers and other women's organizations for adoption. Tho coming year's work for the Industrial committees In the clubs was outlined by the chairman of the General Federation of Woman's Clubs Industrial committee, as follows: While every encouragement should be given special means of relief, such as was provided in Mrs. Kelley's resolution, the clubs are requested to study the wholo In dustrial situation of women, not from the outside, as they have been doing, but from the Inside, with working women as their teachers. Every Btate and district federa tion meetlnir should have an Industrial pro gram, and some of the speakers on the pro grams should be chosen from the ranks of the workers. Research work should be un dertaken In every community. The especial research work recommended Is along tho lines laid down by the Intermunlclpal com mittee on household research. The object of this committee Is to Investigate existing conditions of household work, to secure fair conditions for both employer and employed, and place domestic service on a business basis. The ultimate object of the clubs should be to secure In each state a model employment office law. such as the New York Association for Household Research was able to secure for this state. The clubs were also asked to co-operate In the effort to obtain an Investigation by the United States Department of Labor Into Industrial conditions of women and children. The following circular, submitted to the council for approval, has been sent out to every federated club: "A movement has been set on foot, mnlnly through the Instrumentality of the Wom en's Trades Union league, which hns for its object an investigation by the United States bureau of labor of women and children in Industry, with special reference to the eco nomic and social effect of their employment and Its reactionary effect upon the home and domestic life of our country. Miss Jane Addams, Miss Mary E. McDowell of the Chicago University settlement, and Miss Lillian D. Wald of the Nurses' settlement. New York, recently visited Washington for the purpose of consulting President Roose velt and others in the matter. It was learned that the Department of Labor was willing to do the-work, but that It was without funds for such a purpose, and was barred from asking congress for a special appropriation. "It was agreed that the only way to se cure such an investigation was through pressure brought fii hear on congress by or ganization of wdMKfi' The Industrial com mittee of the Genpral Federation of Wom en's Clubs has been asked to make an ap peal to the club' women throughout tho United States to petition congress in be half of this movejnent. Let the chairman of the Industrial committee In every club where such a committee, exists write a let ter to the senators of her state and the rep resentative of her district, asking that they vote for the appropriation. Have this let ter signed by every member of the club. There is not the least doubt In the world that the petition would be granted. "There has been no official Investigation into the Industrial conditions of women for a number of years. The Information gained at that time la absolutely valueless now." The report of the program committee for the 6t. Paul biennial occasioned one of the liveliest discussions of the convention. Mrs. Cowles of California, chairman, submitted William Barolaj Panont Will Investigate Construction of Flirtation Plant SERGEANTS OF POLICE CRITICISED Roundsmen Accused of Collusion with Patrolmen Who Spend Their Time In the Club Houses. . PHILADELPHIA, Juno H.-Frcquent conferences were held between Mayor Weaver Bnd his counsel today, but neither the mayor nor his counsel will Intimate what their next move will be. Announcement was made today of tho selectlcn of H. D. B. Parsons of New York, an engineer, to take charge of the Inves tigation of the physical work on thu filtra tion system. Mr. Parsons has been given authority to pick the men who shall assist him In that investigation, and as soon us his choice shall be mado the actual Inquiry will begin. It was explained today that Messrs. E. T. Ferine and A. L. Tlnsley, experts engaged In the filtration contract investigation, would devote their time en tirely to an exhaustive examination of the books, drawings and other records in the filtration bureau, while William Barclay Parsons, who was chief engineer on tho New York subway and now a member of the Panama Canal commission, will have supervision of the entire Inquiry. Criticism of Police. Director Potter of the Department of Public Safety today severely scored the sergeants cf police for what he termed their neglect of duty. He said: Every day complaints reach me In refer ence to the conduct of policemen, hut there could be no shirking of duty and miscon duct on the part of the men It sergeants kept a strict surveillance over the men. Continuing, Director Potter said that he had received information that policemen were seen entering a republican club fre quently while on duty. The director said: I understand that patrolmen know Just when to expect the street sergeant on his rounds. They meet him and then almost before he gets out of sight they sneak Into tha club. I want It distinctly understood that or ders have been Issued that policemen re sign from all political clubs. This order Is stilt in effect and you will be responsible for its enforcement. The director said he was Informed that a circular had been Issued Instructing po licemen how to evade orders, and ho em phatically told them they were to take no Instructions from any ward leaders. (Continued from First Page.) ALBANY, N. Y., June 22.-Governor Hlg- . a general outline of the main points, which gins has i otlfted District Attorney Jerome that he could rel? upon executive co-opera tion in any action he might take as the re sult of Superintendent Hendricks' prelimi nary report on the affairs of the Equitable Life Assurance society. TrinimliiUilppi Congress. PORTLAND, Ore.. June 22.-The call for the sixteenth annual meeting of the Trans mlHsisslppi Commercial congress to be held at Portland, Ore., has Just been Issued The meeting will be held August 16 to 19 at the Auditorium on the Lewis and Clark exposition grounds. The attention of the convention will be directed toward the in creasing need of a department of mines and mining with a member of the presi dent s cabinet at Its head. " Torpedo lloat Dainaared. NORFOLK. Va.. June 22-Whlle at tempting to hack out of a slip at the torpedo reserve nation at the Norfolk navy yara me torittda boat Porter, taught by a heavy wind and outgoing tide, was driven stern first against the bow of the yacht gunboat Hiren. lying In the rear of the receiving ship Franklin, and several of its rear stanchions carried away. More Pay for Kxpert Shots. WASHINGTON, D. C, June 22.-Addl-tlonal pay of $1 a month to enlisted men In tho army who qualify as "expert rifle men'' Is offered today In general orders Issued by General Chaffee, chief of staff, and Is calculated to stimulate rifle prac tice In the army. Qualification for i.i additional pay cannot be mad by wen In Uio artillery cores. GERMAN ATHLETES IN INDIANA Twenty-Ninth t Festival of Korth American 1'nlon In Progress at Indianapolis. INDIANAPOLIS, Ind., June 22. The Twenty-ninth festival of the North Amer ican Gymnasium union, which haB gathered on the State fair grounds over 3,000 German American athletes from twenty-nine states In this country, representing 175 turnverelus, and a picked team from Germany, reprs sentlng 800,000 members of the German Gymnastic unlyn, began Its work today after the formal opening of last night. At the State fair grounds the athletes turned out of their tents to the sound of the reveille at 6 o'clock and after a heacly breakfast were escorted to the German house to take part In the festival parade, to witness which great crowds had gathered along the down-town streets. The parade was a gorgeous spectacle, for which the committee hid been preparing for several months. It was In six divisions, as follows: First Division Six mounted heralds; band; festival council; Hag of the North American Gymnastic union; national execu tive committee; the German team; Judges of gymnastic contests; flags of the united German societies of Indianapolis. Second Division Detachment of continen tal sollders; tloat representing "The Repub lic," on wagon drawn by ten horses; band; senior classes and active turners In column of eights. Third Division Float Illustrating the Im migration of "The Fugitive German Revo lutionists of 1MS-49;" band; active turners. Fourth Division Float Illustrating "Tho Turner Settlements, "established In the northwest; band; active turners. Fifth Division General Slgel and staff; a company of Infantry; float representing "The Turners in the Civil War;,r artillery, pioneers of the Gymnastic union and veter ans of the civil war; active turners. Sixth Division Float representing Gym nastics; Jahn, the futher of Herman gym nastics; group of athletes taking part In ancient Olympic games; group of hunters of the time of Charlemagne; Knights with attendants and yeomen: band: active turn ers and other members of the Gymnastic union. There were 8.200 men In line In the fesll val parade, which was witnessed by over WO.OuO people. The physical contests began this after noon at the state fair grounds. There were class and Individual competition in ap paratus work, model exercises by societies and ex-socletles and by the boys of the In dianapolls gymnaatlo societies. At the Ger man house there were song competitions by men's choruses, declamations and' reel tat Ions. The model exercises this afternoon In troduced contestants from Fond du Lac, Mollne, Milwaukee. Chicago, Louisville, Dayton and Indianapolis. was heartily approved. Every standing committee will be allotted time for the re port of Its chairman and more time in pro portion to Its Importance. The evening will be given to state presidents' reports, unless some committee program is of im portance that demands an evening session. The social side of the biennial afforded a topic for general discussion. A few dele gates favored eliminating the social fea tures entirely, but the majority seemed to Incline to a reasonable aoSount of enter tainment as essential to the best results of the meeting. There was also some ques program, Mrs. Alice Wiles of Chicago being one of the strongest opposers of the men. but thfre seemed a general feeling that, re gardless of sex. It was the best speakers that the federation sought to address It. The local chapter P. E. O. sisterhood will hold Its last meeting for the summer Sat urday afternoon at the home of Mrs. J. F. Wagner, 3Kt2 Charles street. The meeting will be a combination of business and pleas ure. There will be reports from the dele gates who attended the recent national meeting. The Town Federation of Women's Clubs of Huron, S. D., met on Saturday and com pleted Its organization. A constitution and bylaws were adopted and these officers elected: Miss Clara Huey, president; Mrs. M. D. Whlsman, vice president; Mrs. George W. Long staff, secretary; Mrs. A. E. Taylor, treasurer. The object of the or ganization Is the enlargement and mainte nance of the library and the clvlo Improve ment of the city. All former members of the Omaha Equal ity, club and members of all the other wom en's organizations of the city are Invited to be at the Union station Saturday afternoon at 8 SO o'clock to , meet Miss Susan B. An thony and the delegation of suffragists which passes, through the city enrouto to Portland. French Answer Sat Hecelved, BERLIN, June 12. France's answer to the German note on the Morocco questl in has not yet reached the Foreign office, but u I. i that Ambassador Klhourd will present It In ths course of ths after- I KING CHRISTIAN IS VERY WEAK Much Concern Manifest by Entourage of the Aced Kln of Denmark. IMPERIAL YACHT CLUB. KIEL, Ger many, June 22 Emperor William received a telegram last night announcing that King Christian of Denmark Is In a state of gTeat weakness, which Is giving his entourage much concern. Reports from Wiesbaden a few days ago described the king as well enough to drive out and take part In small entertainments. Greek Cabinet Heslgns. ATHENS, June S The Ralll cabinet, formed after the recent assassination of Premier Delyannls, resigned today, owing to the opposition among the ministers to M. RalU's proposal to modify the Dely'au nist program The king has entrusted M. Ralll with the task of forming another cabinet. The situation Is serious. Owing to ths split between the Delynnls(s and the government majority It appears to he possible that (be Chamber may b dissolved. rifle violence on top of the engine and ten der and In a moment was enveloped In flames from tho engine. Depot Is Wrecked. The Chicago sleeper, which was Immedi ately behind the combination - car, swung from the track and, crashing Into the depot, was completely burled in the wreck of tho building. The violence of the crash was such that the depot collapsed on top of the wrecked coach. Tho hapless passengers In this coach were crushed and maimed in the wreck and then completely burled in the collapse of the structure. The next sleeper following was left off the track behind and the other remained upright on the rails. An Instant after the crash of the wreck the boiler 'cf the -great engine burst with terrific force, scattering fire and steam through the wreck In a manner that mado escape for the helpless Imprisoned passen gers Impossible. The wrecked combination car, which had landed crushed and splintered on top of the engine, was at once enveloped In blinding flames and scalding steam. The cries of the Imprisoned passengers were heard above the roar, but they were beyond all human aid and the car became a pyre for a number of human beings. The wrecked train was making nearly seventy miles an hour when the accident occurred, according to the fireman. Fireman Tells Story. Aaron Gorham of No. 9 Rose avenue, Norwalk, the fireman, was badly bruised, but otherwise uninjured. He miraculously escaped death and was brought to the Cleveland general hospital. "We were speeding like the wind," said Gorham, "when the engine left the track. It occurred so quickly that I little knew what happened until we crashed Into the Mentor freight house. I neither heard nor saw the engineer after that moment. The engine turned and somehow tha tank man aged to fall upon me, but not heavily, and I w-as sheltered by It. I lost consciousness from the terrible blow which I had re ceived upon the head and I knew nothing until I was dragged from underneath the wrecked engine. My escape was positively a miracle, since I did not meet the fate of poor Tyler." Gorham is 35 years old and single. His mother Is seriously ill at their home In Norwalk and Gorham begged that, If pos sible, the news be kept from her. One of the most appalling features of the wreck was the burning of the dead and In jured. A. P. Head of London, Eng., had In haled flames and smoke. Ills tongue was swollen and his lungs were seared, so the doctors declared lie could live only a few hours. H. H. Wright of Chicago was pinioned in the train and was partly extricated by his own efforts when the llames overtook him and burned him so severely that he died lutor. He was brought to Cleveland on the relief train and token to the Cleve land general hospital. Ills arms and head wero burned so that he was hardly recognisable. Mentor, the scene of the wreck. Is the homo of tho widow of President Jurat" A. Gurllc-ld. Mrs. Garfield lias lived In Mentor for a number of years. Her resi dence, however, is about two miles west of where the wreck occurred. Switch Open and Locked. Conductor Alexander Hammond of the Limited told his experience: "1 rushed back to tiie switch immediately after the wreck. It was open and locked open. 1 tried It and found that It worked all right. The switch light was out. Not a wheel had rolled over the switch since No. 10, the earn bound Chicago ana Boston train, went through forty-five minutes before." James 11. Gibson of 76 Flournoy street, Chicago, a passenger on the train, died at a Cleveland hospllul early today from his Injuries. Gibson was conscious up to wltlila a short time of his death and spoke calmly of his experience. He said: 1 cm tell very little about It, for I soon lo.i i-oiiHi-lousness and saw but little of what occur red after the crash came. I was sealed III the suiuki-r aud thu II i at realiza tion 1 bad of ait accident nits alien 1 felt myself suddenly burled over tha buck of ths seats and found luysvir In daikneks anions Urn uusxlln and slirlesliig mans of human being. There was a frlghllul roaring and hissing of steam and I seemed ... i.a Btinititf in lIdiiiii clouJ of It. 1 a rahlxid about blindly and felt, as It seemed to me. ui- lilsli aiiove in" wum i i.-noi.u was a window I mine. no my nanus I have only a confused recollection of peo ple coming to help me and 'he Impression that my arms and hands were bleeding where I Jind broken the glass. Then I re member noth'ng more until I was aboard the train coming to Cleveland. Ornclal neport of W reck. The following official report of the wreck was telegraphed today by Vice President W. C. Brown of the New York Central lines to President W. H. Newman at New York: Train No. 10, eastbound, passed Mentor at 8.35 p in., at which time the switches were all set for the main line. No. Jo fol lowed No. 10 fifty minutes behind it and no trains passed Mentor in either direction be tween the time No. 10 passed there and the arrival of No. 26. The operator was on the platform, with two men named James Collins and W. M. Ieuders, both of whom live In Mentor, when No. 10 passed, after which the opera tor went Into the office and remained until about the time No. 26 was due, when he ngaln went out on the platform and saw No. 2i coming two or three miles away. The operator says that be looked at the awltrhllghts and they were white and the switches were properly set for the main track. He then returned to the office. If this Is correct, between that time and the time No. 26 headed In on the sidetrack someone threw the switch for the sidetrack and locked It In that position. Seta Fire to Freight House. No. 26 headed In the full length of the train on tho house track, the engine leav ing the rails ahouufour conch lengths from the switch, crashing Into the freight house, setting it on fire nnd turning the euglnn end for end and telescoping the composite car, which took fire from the burning of tho house. The conductor of No. Vt Immediately ex amined the switch and called tne attention of General Passenger Agent W. J. Lynch of the Hlg Four, who was on the train, to the fact thnt It was set and locked for the sidetrack and the light extinguished. Tho switch Is not damaged and worked per fectly after the accident. The composite car, which was telescoped by the engine, was burned. No other cars In No. 26's train turned over. Every possible effort Is being mnde to lo cate the party who misplaced the switch. No. 26 whs on time and as a matter of fact was running at a slower speed than No. in when It passed through Mentor, as No. 10 was late. The result would have been the same hnd any other of our through trains encoun tered this open switch. (Signed) W. C. BROWN. Mall Was Valuable. CHICAGO, Juno 22. A highly Important class of mall was carried by tho wrecked Twentieth Century Limited. Numerous In quiries were received at the postofftce hero today to discover whether any of the mall had been saved. The train carried nothing but first-class matter usuuljy of an urgent character and tho postofflee department made special provision dally to catch tho train In order to reach the larger cities east of here In the quickest posslhi time. Im portant letters and documents could be mailed up to within fifteen minutes of train time, when the last pouch was shot through a pneumatic tube Into the Lake Shore sta tion at La Salle and Van Uuren streets nnd then loaded Into the baggage and mall end of the buffet car. It was this car which seems to have suffered destruction not only direct but by flames. Anxiety was mani fested In many inquiries which came over the telephone to the postofflee today from people who hnd entrusted Important mat ter to the "flyer." Tho train usually car ries from fifteen to twenty pouches of this class of matter. Will It en nine Old Schedule. NEW -YORK. Juno 22. The Twentieth Century limited on the. New York Central Lake Shore line will bo restored to a twenty-hour schedule Instead of the elghteen hour schedule now In force. President Newman made this announce ment this afternoon, and said that ho did not believe last night's accident was due to the speed of the train, but It was his Judg ment that the twenty-hour schedule should be restored at once. 8. C. Beckwlth, who tiled today as a re sult of Injuries sustained In the wreck, was well known In newspaper advertising circles. He was president of the 8. C, Beckwlth Special Advertising agency, which' hns offices- In this city. lie was born at CoinellsvlHo, Md., fifty years ago and Is survived by a widow and two brothers. H. 11. Wrlgnt and E. tf. Naugle of Chi cago, two of the men allied In the wreck, were known In Omaha. Mr. Naugle, one of the blgijest railroad timber and lumber men of the country, used to live In Omaha. Mr. Wright was secretary of tho Featherstono Foundry company and was In Omaha a great deal during the progress of the strike Involving the foundrymen. Local railroad men discredit the Idea thnt the wreck of the Twentieth Century Lim ited will have any disparaging effect upon the fast-time trains, the eighteen-hour run from Chicago to New York, pointing out that the wreck was In no way due to the fast time of the train, but the direful neg ligence or criminal action of someone other than any of the trainmen. It Is pointed out that the switch was locked open and that this Is not an ordinary accident. There aro local railroaders who think the disaster may have been due to a phot carefully laid and executed. broke ths slua sod iimnaaed to drug my self l.uouali the wl'.duw. Thvra Mua such a niouu of si'iim every wliern that I seiucelv knew which way to run. but 1 bad the liiatlii.il to stiiMcr away from the blinding, siliiglns slciii I Mai could foel was scalding my flesh. 1 must hats lust tiunscluusntss about this lima, as BUSINESS COLLEGES APPEAL Decide to Go to Court to Heslat sessment Levied by County Hoard. As- Judge Ben S. Baker appeared before the County Board of Equalization and per fected the necessary steps to take an Imme diate appeal to the district court from the action of the board in levying an assess ment on the commercial colleges of Omaha. The claim will be urged to the court that they are exempt under the constitution and laws of the state. Attorney Baldrlge appeared before tho board to protest against the assessment of the Sutherland Roofing company and tho Sutherland Bros company. The return of the latter was for 131,125 and this was raised by Assessor Reed to $50,000. In the rase of tho first mentioned company the return of 110.600 was raised by Mr. Reed to $.10,000. Mr. Baldrlge said the city assess ment Is $15,000 on the roofing branch and $15,0(0 on the other. He. also expressed the view that manufacturing concerns which employ many men and distribute money to mechanics should be given more lenient treatment by tho board than real estate. The protest did not strike board members as being well taken, but nc action was C40t0tC0tC0tOtOt0tOtCtO :A Bank Account i Gives a person the satisfac tion of independence. No ; person fthonld be without Jone. Small accounts equally !as welcome ns larjj'e ones. (.r00 different persons al- i ; ready have accounts with us 1 and we respectfully place; jour facilities, at your dis posal. 4 per cent interest paid on all deposits. City Savings Bank IBfb and Douglas Sts. taken pending a further showing by tho Sutherland comimnles. The assessment of the Nebraska & Iowa Grain company was reduced from the assessor's figures of $20,000 to $15,000. The board spent the morning pssnlng on smiUl cases which had been referred for rc luspectlon. The members want the public to know that reductions published aro In ninny Instances not reductions In fact com pared with last year. This year the figures were boosted quite substantially In nearly all cases, nnd where reductions from the assessor's figures have been granted It was for good cause shown. OM'AHANS MARRIED IN CHICAGO Mr. Cnss I.. Mills nnd Miss Ulrnrdet Now Iteslde In I'nrk llorough, llrookl) n. Their friends have had occasion to send congratulations to Mr. nnd Mrs. Cuss Mills, both formerly of Oninhn, but now of Borough Park, Brooklyn, N. Y., 1164 Fortv fourth street. Mrs. Mills was Miss Dorothy M. Glrnrdet. Mr. Mills was formerly city v ticket agent of the Illinois Central, nnd a more popular railroad man never was in the city. Always genial, he made hosts cf friends and "got the business," hence Ills promotion to be traveling passenger agent out of New York City for the Illinois Cen tral, being given a territory through tho south, chiefly along the Atlantic const. Since going east he has continued Ills record as a big business "getter." The mnrrlHge took place In Chicago Fri day, June 9. FIRE RECORD. I.nrd Ileflnery In Kansas. KANSAS CITY, June 22,-The lard refin ing building at the packing plant of Schwnrtzchlld & Sulzberger nt Armour dale, Kan., was destroyed by fire today. Loss, 1200,000. Enjoins Merirer of Towns. PHILADELPHIA. June 22. Tho supreme court today Issued a permanent Injunction restraining the merging of the cities of Pittsburg and Allegheny City. PHENOMENAL SUCCESS ATTENDINQ THE USE IF OXYOLINE PHYSICIANS who are using Oxyoline are unanimous in Its favor for the treat ment of Incipient TUBERCULOSA. OXYOLINE stands upon Its merits as a healing agent and Justly demands the same impartial Investigation tliut is ac corded other important discoveries of this progressive age. Modern surgery is accomplishing results never dreamed of by the older surgeons of the past generation. Scientists are dis covering and developing the use of animal serums for the prevention and cure of many diseases. The Invention of an apparatus for ths production and administration of Oxyoline for the PREVENTION' and CURE of CONSUMPTION wl" ,uke ll Place at thu head of the list of sclen'lno discovery for tiie benelit of tho human race, oxyoline Is a cure for nasal cutarrh, bronchitis, sore throat, cousli, catarrh of the stomach, indigestion, debility, weuk nerves, poor circulation and all blood diseases. A home treatment of ozolene has been called Into use by the fact that many x-r-sons living at a distance are unable to visit the orhce. This tieutinent Is highly successful wherever It has leen uhi!. prompt and careful attention will be given to all corresimndence. Consultation free Call or address. bR BINi'LAIR, rooms io and 'ii. Frenser Block, opposite old puMluIUcu. Chamberlain's COLIC. CHOLERA AND Diarrhea Remedy A few doses of this remedy will invariably enre an ordinary at tack of diarrhea. It has been need in nine epi demics of dysentery with perfect success. It can always be depended npon, even in the more severe attacks of cramp colio and chol era morbus. It is equally successful for summer diarrhea and cholera infantum in children, and is the means of saving the lives of many children each year. When reduced with water and sweetened it is pleasant to take. Every man of a family should . keep this remedy in his home. Buy it now. It may save life. Price, 25c. Laroe Size, 00c. AMVSEHESTS. AUDKTORIU June 22. 23. 24 Thurs. Night, Frl. Night, Sat. Mat. BEAUTIFUL Enchantment An Idyl of Fairyland. A MULTITUDE IN THE CAST. Benefit of THE CRECHE 25c and 35c. Seats on Sale at Auditorium Bos Office Tuesday Morning. AN EVENT OF A LIFETIME CARL HAGEIiBECK'S GREATEST ANIMAL FEATURE AT Manawa, Sunday, June 26 16 Elephants 16 Plunge in the Lake at 4 P.M. - . . . I .... It. ... A Wonderful Aunalto Exhibition. v IKK TIIK KLKI'IIAVr RAllC AC'HURS TMK LAKK. BOYD'S FERRIS STOCK CO. I TonlKht, Bat. Mat. & NUcht btn MOTHS OF SOCIETY Big Week Bun. Mat . A Hoyal Hlave Thursday, Little Lord r'auntleroy Trloes lft-15-l!6o.. Matinees lftc l l ii VI Mat... all Beats 2 c TOMI.HT OM.V pollard's lilliputiah opera cov, theTgeisha ftat. Mat. and Mahl-A UAIUI'V C1RU '