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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 15, 1906)
. 1 . TTTE AM All A DAILY -REE: TUESDAY, MAY 15. 1006. Telephone Douftia 618. Jt i tixiT fwnnuy xo supply Trashy, tinH.4ii1)llp gootH or niHterinJs "oT.cml; cheaper for spme rca.oil or other, those we leave strictJr aloiit,l'.lieviiii? tluit the majority of ladies iireiYr a choice, stilish niaterial for th'eH new summer dress. - . ' ' , : Popular prices prevail throughout our Wash Goods' stock. . Our new ant beautiful Dimities. Organ dies, Batistes, plain, weaves or cross-barred, prlrted In elaborate designs, at PV, 12V. 15c. lc. per 'jranl. . Fine Zephyr Ginghams, In the latent plaids, at ISo, Vk!. 25c a fard Wash Goods Department, In. .basement. Wash Belts. You ran tardly help finding something In our lire to please you. Our stork Is complete with the season's newest novel ties. ..'.;; Plain. KarVow Wash Belts 10c each. Plain I.Tneh' Belts, with dainty embroid ered back JM each. EmbrnMered ard Plain Linen Bella, new est effects'. 60c each. Children "Buster Brown" Wash Belts, 2c and 25o cch. 8nld at Notion Department, main floor, tenter aisle. Beautiful Black Silk and Wool Crepe de Paris, Regular $1.00 Quality, Now 59c a Yard. For a rich and stylish gown thara la tlcal parties with whom I had any extended conference or the subject. Hepburn Rill Satisfactory. - The letter'nf the attorney general, which I enclose, shows fully the facts as to the conferences, which at my Instance he held with Senators Tillman and Bulley. Those conferences were precisely such as at my Instance he .held with many other senators to determine the phraseology and discuss the effect f amendments proposed by them. To nil whom I saw I stated that the Hepburn tjll whs In lis essence entirely satisfactory o me. The Hepburn bill, as ft passed the -house, simply recognized the right of review by the courts that Is, the Jurisdiction of the courts but did not at tempt to deffne It, thus leaving the courts to prescribe. -the limits of their own Juris diction. This' was In accordance with the Ideas of the attorney general, his belief being that .thereby we avoided all danger of the bill being declared unconstitutional because of an attempt to confer too much or too little Jurisdiction on the courts. 1 also repeatedly stated that, while It was entirely satisfactory to me simply to leave the Hepburn hill In substance as It was that Is, with the recognition of the Juris, diction of the courts, but without any at tempt to define that Jurisdiction yet that 1 was entirely willing that there should he a definition, provided that this definition dirt not seek to grant a broad review, but explicitly narrowed It to the two subjects, which as a matter of Tact I believed that the courts alone would consider In case there was no attempt to define the limits of their review, that Is, would lfmlt It to the (r.ustlon as to whether the commis sion n.id acted ultra vires and as to v.lttlwr nuy man's right had been Im pa'.vid. 1 stated that .if he question of deil.uni- or limiting tbe rvtew was brought up ui all 1 personally .fett that , this was t..fc way. In v.h,lch. It, should be limited or acnY.ed.." ." - ' Tmtntlve Amendments Dltcnaird. At. difUrnt-J.ima,.. at, )aa't a score of . ti nlative amendinects 'were either - pre jtf peiud by the attorru-v eoneral at the re- guest- uf 'senators or submitted to me by senators As to many of those amerd menu (Including among others the sub stancs of lh so-called ivong. Overman, Bacon and Spooner amendments), I atated that I should be entirely satlsfled to have them In the bill; aa in others, I sti kested modifications which would mako them satisfactory; to nose did I ever say, either to Mr. Chadler or ;iny one else, that I should Insist upon ha.-ing them In the blU aa a condition of -Jiiy approving lu On the contrary I was itlwaya most care ful to state that I was not trying to dictate any particular program of wctlon. It. no oaae, either In the case of .-Mr. Chandler or In the rasa of any one else, was there the slightest opportunity for ny honest misconception of my attltuue or ariy belief that I had pledged .my self specifically to orie" and only one amendment or set of amendments, or that . i wouiq not ne satmneu wiiiv any amend heaituent which preserved the essential ti Chrlrre "of Jhe Hepburn bill as It came from the house. . You will doubtless recall i- that In the course of tho snVeral vlalts that you personally made me. we dis cussed a number of these proposed amend ments, trying to find out for which ono there could be obtained a sufficient body of assent to secure 'Its passage and the passage of the rate Mil. ' Allison Asked to Nesjrotlsite. To almost every amendment proposed by anyona 1 found that there wero other ex cellent men who objected, or who at least wished to change It, and I flnrlly became convinced that it waa ImpeMiible for sen ators with- advantixiiu .to uue me as the Intermediary In coining to an agreement with their colleagues, especially -when they only commi.ntcaied with me through an other Inter ncdlary, and, I earnestly sug gested to all to whom .1 spoke that they should ecmmunlcata with, you, whose pur poses ar.d mine were Identical. About this time I was Informed by various demo cratic SMtators that they couuld not come to an Agreement on any amendment and that t)i best chance for success lay in patting the Hepburn bill substantially un changed. 1 was Informed, and believed Millions Snt to j Make Clean Bser Clravuerft Manufacturing Process Known la That of the Leading American llrfwery. We regard beer as a food and the busi ness of brewing' beer one of our most im portant Industries. When we tell our read era that without excepttwn there Is no other brewery In the world so absolutely clean i In-: Us process . of manufacture aa Pa bat, we apeak from exact knowledge of conditions. The monster Pabst brewery of Milwaukee represents an outlay of mil lions ef dollar, and many of these millions hava been expended tu make the Pabst exclusive process absolutely clean. Pabst Beer stands alone, today, the only food produat that from .the beginning to the end of It manufacture la absolutely beyond teach of tvn the contaminating germs of tha air. Doctors boll their Instruments In water to sterilise them,' Pabst boils his brew In , closed lbtttlea and ttu sterilises It. From there it passes thro igh sterilised pipes to sterilised hrn1tlchl'y. sealed tanks where it is ternvented. Then through more steril ised pises it goes 10 sterilised hermetic ally sealed storage tanks and when bottled it Is , pasteurised. Throughout the entire process it never Is touched by human hands and comes in contact only with' sterilised air. , N) other food product known can shev suclra record of positive cleanliness. 1 ' f " This preo af manufacture la the exclu sive Tibet . method. It- Is one reason for ths '.always the same, .always the beat", reputation of Pabst Beer. The cleanest beer and the richest ' beer- Pabst Beer, has no equal a a mild; re- frealiiag, healthful beverage. , PABST BREWING CO. , rkeMftaa, ' H307 Laavanworth Straat - Pabit Blue Ribbn Beer Order m Case lav Year Haas Today. Choice Wash for Suftimcr tne-tnie-witii-Tii :ciKicosr or " '- nothing better. It Is soft and clinging, yet fine and strong Just the material for the outdoor gown In summer and beautiful for dinner,, reception or theater gown. , Embroidery Special in Base ment. One special lot of Swiss Edging, from 4 to 14 In. wide, made with Inserting to match, on sale at Basement Counter, l'c X yard. These goods are new and desirable and are much used for the trimming of white summer dresses. Don't fall to see these new trimmings before the aasortment Is broken, as there i a great demand for these good. Summer Weight Knit Under wear. '' All Knit Underwear looks a great deal alike, but there's a great difference In dif ferent garments. A month of wear brings the difference to attention. We buy from reliable makers only. We mention two numbers for Tuesday. Better read them. Lndles" Gauze Cotton I'nlon Suits, low neck, no aleeves, knee length, umbrella style lace trimmed or tight knee, "or high OPEN SATURDAY EVENINGS. Howard Corner Sixteenth Street. that this was Senator Bailey's view, and a number of the republican senators who favored the bill expressed the same opinion. Bhortly aftei this you, in company with Senator Ciillnm, called upon me with the amendment which Is now commonly known as the Allison amendment. I told you that while I should prefer the Long and Over man amendments, yet that your amend ment was entirely satisfactory. Scope of Allison Amendment. Your amendment docs not In the Slightest decree weaken or inJuSt the Hepburn bill. It merely exi;-esKe " wftai the friends of the measure have always asserted- was i Implied by the terms of the' hill. I may add that my own opinion that your amend ment In no way changed, whether by diminishing or enlarging, the scope of tho court of review as provided In the original Hepburn blll-.h also the opinion of the attorney general, of Mr. Root and of Mr. Tatt. Their Judgment is that the amend ment merelv avoids rlie vrltlrlsm that the Hepburn bill would be constitutionally In valid In not expressly providing the rouit review which Its supporters have always contended was plainly Implied In the original language. The original Hepburn bill stated that the venue for certain actions was In certain courts; the amend ment states that these courts shnll have Jurisdiction to consider such actions. To my mind it seems difficult to assert that this works any change whntever In tho principle of the bill. Yours sincerely, THEODORE ROOSEVELT. Hon. William B. Allison, fnited States Senate. . Attorney General Moody's Letter. ' The attorney general's letter to the presi dent follows; OFFICE OF THE ATTORNEY GEN- EHAL. WASHINGTON, May 14, iWi.My rr Mr President: 1 send at your ra- nueat an; account of the oouterences. which 1 had by your direction with Senators Till man una HRlley upon me sunjeci oi ino court 'review feetwe --!- i-aill.te-) leifislalion. on April 14 you told rrje that Messrs. Tlllmah and -Bailey had communicated with you through a third person, Informing you that they were willing ti support an amend ment to the Heuburn bill, which, while expressly conferring "Urisdictlon upon the courts to review the action - of the com mission, should limit the review to the two questions of the authority .of tTre com mission and the constitutionality Of Ita ac tion, and Include a provision forbidding the Issuance of Interlocutory Injunctions. You told me that they were not willing to con- fer directly with you, but would meet me. I You asked T me If t thought thut congress : had the power to proniDlt me msuance oi Interlocutory Injunctions by courts inferior to the supreme court and I told you that having read part only of the debate upon that uueslion and the subject being new i to me. I had not formed a flnat opinion. You then asked me. whether if suen a pro vision were declared unconstitutional It would affect other provisions of the law. 1 told you that In my opinion It Would, as that provision would not be easily be sepa rated from the remainder of the bill. Re calling the advice that I had the honor in .,nr to von. that von should not at any stage oecome nnauy comniiura pejuuu r of the bill and affirming your belief In the tendent; Inex Roosa, first assistant; Grace wisdom of that course, you then said that D. Hoover, second assistant; Madge Mer a prevision limiting -the court review to . seventh and eighth grades; Ellen M. the authority of the . commission and the'"" , . ' constitutionality of Jts acta and a provision , Brown, fifth and sixth grades; Grayce E. limiting the issuance of interlocutory In- j wheeler, fourth and fifth graae Alta nan iw nnj iui 1 ' v. .-'rt --d- -- j . - . J unctions as far as was coMuiuuonw osible. . would be acceptable to you pro- no vided It wua decided not to try to puss the Hepburn bill substantially unchanged and you asked me to meet the gentlemen named In conference. . Conference with Sir. Bailey. The conference was arranged by Mr. Chandler and occurred on April 15, It whs full and free. It would be Impossible to state all that was said' In a conference of two hours, but I think no false color is given to the conference by he folowlng s given to me conference vy uie iuiu'i ifr.tenient: " 1 Informed the gentlemen of my belief tliae von dpfclred. If the scone of the court review were i to be expressed In the law at all, that It should be limited to the two subjects hereinbefore named, mat in case ih Ho-ralli.it I.nnor amendment - Wa8 ac- cepuible to them that you would be glad to see a rltfid limitation on the -issuance of Interlocutory Injunction, if such limita tions were poastble. and 1 ulaieu lurmer thut 1 would not assume to agree to any form of language whatever for you. but would submit i any proposed .'anjendment to you for your consideration. . I also stated my doubt whether In any '-event It wut'ld be poFlbio to enact a provision en tirely forbidding interlocutory Injunctions. 1 found myself In entire accord with Sen ator Ualley as to the rules of const Mo tional law uppllcable to the situation, with the exception of those relating to the power of rongrftt.s to forbid all Interlocutory In junctions, upon which 1 did not offer any filial opinion, only saying that Mr. Balley-s argument needed an-answer. An attempt was then made to. adopt phraseology which would effect the int-nilon of the two sen ators. I made. some notes upoa this branch of the subject and at the close of the In terview said to Benator Bailey that 1 would put my undemanding of tUeir Views oil the question of phraseology Mi arltlng, send it to 'htm and if ft met -with his ap prove 1 submit. H to you. Thta 1 did and on the next day sent the v misled memo randum to Mr. Bailey, enclosed In a letter which read as. fullows: " 'April Hi. 1MOS. My Desr Senator: This rough draft Is as I understood your sug-. gestions of yesterday. 1 think it qui to likely that this draft might be bettered, but I simply send it ' to see If I . under stood you. Very truly yours. W. H. MOODY. ' The draft referred to is. the one printed in last Saturduy'v Record. Democrats 1 sable to Acrec . The conference among ths democratic members of the senate then occurred, the press reports of v hlcli indicated that there was net an entire aareement among them. Mr. Tillman, however, called to- assure me that the prospects of an agreement among a large number of the democratic aenators was good i)t.ard nothing further from Senator Bailey- untH a later date. I In formed you of what occurred at the Inter view between the two senators and me and you. told me what you had berji In formed from various democratia , sources that an agreement among the deuiorrata upon any amendment wuuld be impossible. Thtwi souators vailed upon inty -egain on the .'3rd tr i.UU. of April. There was some further talk about the. form of tha amend ment. The suggestion, was mail that it might be po.sitiie, after vgtltig oil the. pro vW'.un. protilliitlng all interlocutory in In ac tions, to agree upon an amendment which should Include the Long amendment 'and what ha been known km the Overman amendment. I then said that In my opinion aay amendment drawn by anyone repre senting the 'executive Branch ef ths gov ernment, even though It, wars Inspired Dee, May 14, 1906. Materials Dresses wasiv .iaicnai" to ic imu. . , ; neck, long sleeves, tight knre 5"c n eult. Boys- Fine Llght-Wrlght Ralbrlg.in Shirts, high nck. long sleeves; drawers to I match, ankle length, all sir.s-:2:.c and 5"c each Knit I'ndermear Department, main floor, center aisle. News of Children's Wear. Wash Dresses, made In the popular sum mer styks and trimmed with braids, em broideries and buttons. They are surely pretty. Every mother should see them. Children's Gingham Dresses, In pink, blue and nxblood, made In bishop Btyle, sliosl and 2 years 50c each. Children's C.inghRm Dresses, In pink and blue, with embroidery Insertion and pin tucked yokes, good fast colors, sites 1 and 2 years TOo each. . "Buster Brown" Dresses for children, made of. gingham, madras cloth, percale and linen, In all the light shades, elzes from 3 to S years S1.U4 up. A beautiful showing of "Buster Brown" Dresses In white, some of linen, sixes 1 to 6 years t,Tfi0 and 13 50, according to slits. Pretty Wash Huts to match the White Suits from Sfic up Children's Department main floor, north aisle. from Heaven, would not be accepted with out change by the senate. That the atti tude was natural and rrorer nni that If the exact language of an amendment which could be adopted could be agreed upon it ought to be drawn by the senators them selves. I suggested Senator Allison as a proper person for further conference and tho matter, so far as I was concerned, endert there. I remember hearing nothing more of If until I wan Just about taking the train for North Carolina an May t, when I wa Informed by Mr. Tillman and Mi. Chandler that you had - approved another amendment known as the Allison amendment. There was nothing in the conversations between the senator and me winch In any way bound you to any par ticular amendment or In the slightest de gree Impaired your liberty at nay time to acquiesce in ariy amendment which you should deem expedient and In the public Interest. Very respectively, , "WILLIAM H. MOODY". Attorney General. MRS.. BLAINE AT SIOUX FALLS Wife of Don of Dlstlntgnlahed states man Joins Soattt Dakota Divorce Colony. SIOUX FALLS. 8. p.. May i4.-(Special Telegram.) Mrs. Jamea G. Blaine, accom panied only by her maid, arrived In the city from the east this morning and Joined the local divorce colony. She has engaged a suite of four rooms at the Cataract hotel, where she will make her home pending the commencement of her divorce suit. Her ar rival caused a great flutter among mem bers of the' local dlvo-ce colony. . feeni-4itst - . AImuoA e RAWLINS, Wyo., May 14. (Special.) The sheep shearing season 1 drawing to a close In this section. The Smiley & Daley pens have closed and the Miller pens will close early this week. T4 shearers are leaving tor other parts of the state where shearing Is In progress. Buyers are now busy, and all talk of a combine has died out. Prices are averag ing from 2Vs cents to 6 cents per d brXter tnl, year tiian last, and . . . , . lttA. from 5 to cents better than In 1904. -jen years ago me wool mai is now bringing from 20 to 24 cents per pound , h, lp. ,,,an 10 rpnt. or about th bi ought less man lu cents, or aoout tne amount of the Increase In this year's prices over those of 1904, and tho wool Id not much finer now than then. Btnmls Selects Teachers. STI'RGIS, 8 D., May 14. (Special. )-,-The Board of Education of this city has elected teachers for the coming year, the same ring ag f0u0ws T. B. Manna, superln- ( B n thrd prmar-: Kllsabeth C. Iteebe, j ,... , ,.,., 1 primary. The board Is thinking of em- ploying a musical director who can take two or three classes In the high school, putting In all time. Appointive Offices at gtnrsjls. 8TURGIS, S. D.. May 14 (Special.) At 'the last meeting of the city council the - following appointments were su UDinutoa Dy same being . Mavor- w E- Perkins, the s unanimously, confirmed: W. E. I. add, city auditor; Charlee C. Polk, city attorney; M. R. Dobbins, chief of police; Oscar Dorsner, city engineer; C. L. Ward, Jus tice of the peace; Charles S. Hunt, police justice. The appointments of the two lat ter were made necessary on account of the resignations of those elected at tha recent election. ' Wyoming Stockman Drowned. SUNDANCE, Wyo., May 14. -t Special.) Frank I'arks, member of the live stock firm of Parks Bros., residents of the northern part of the county, was drowned In the Little Missouri river., while at tempting to ford that stream a few days ago. MAYOR BROWN MAKES DENIAL Lincoln Man Says lie Is IV ot After the standard Oil Com pan y. ST. LOUIS. May It. Mayor F. W. Brown of Lincoln, Neb., today denied emphatically to the Associated Press the rumor that he and City Attorney E. C. Strode and Attorney H. A. Reese are here from Lin coln for the purpose of investigating tha ouster proceedings of Missouri against the Standard Oil company for the purpose of making a separate legal fight in Ne braska. Mr. Brown said: "We three are here on some private personal business that does not concern the state or the country in any way. . If any reference was Hilda to an oil investigation it was done in a Joke. We are not here to Investigate the Missouri oil ouster case." Adding Machine Pateat Unstained. The extended litigation between the man ufacturers of the . Comptometer. Felt it Tarrant Manufacturing company, Chicago, and the Mechanical Accountant company, of Provldenoe, Rhode Island, terminated May 4 In decision of the United States Creuit Court of Appeals at Boston, broadly sustaining an important Felt patent on adding and calculating machines, and or dering a decree for an injunction. PIAUONDD-Edfioic, jtto & Harney ita RATE BILL, IN SENATE Many Amendments Are Considered and All Are Voted Down. NEW INTERSTATE COMMERCE COMMISSION Proposition PeiMlna to DM Me the Country Into' Miie Districts, nlth Member from Fech. WASHINGTON. May 14 The session of the srnate today passed without an ex citing Incident and without the adoption of a single amendment to the railroad' rate bill, notwithstanding that measure was under consideration practically all the time from the hour of convening, 11 o'clock, until adjournment at 5:15 p. m. The most characteristic feature of the day was the rejection of amendments. This was ac complished ' either by direct vote or by the process of laying on the table, arftl one followed another In rapid succession. Among the propositions thus adversly disposed of were ' several Intended to fix the liability of railroad companies for Injury to employes. The presentation of provisions Intended to accomplish this pur pose had the effect of bringing out a prac tically authoritative statement that the committee on interstate commerce will re port the Independent house Mil on that subject which Is now pending before It. When the senate adjourned the eighth section of the bill reflating the personnel of the fntei state Commerce commission was under consideration and adjournment was secured at a somewhat eHrller hour than usual In tho hope that there could be prepared a more acceptable provision covering that subject tlian has heretofore been presented. Senator Lodge offered a substitute for the pending section pro viding for a new commission of nine mem bers, one from each of the judicial circuits, but Indicated a willingness to accept a modification, suggested by Senator Bailey, requiring the creation of nine transporta tion districts with one member from each on them. RRIKF KIO OF THK HOI gF. District Dnslneaa Considered and Adjournment Taken. WASHINGTON. May 14 The house to day considered District of Columbia legis lation, taking up the matter of Insurance laws. ' It was stated that the district should take the lead In tie iVform which Is being attempted by the! various -states. The house bad under consideration io day hills relating to the government of the District of Columbia. It completed the bills reorganizing the Washington public ccbool system. , . The house adjourned , lrj tha absence of a quorum, postponing action on the hills under consideration. These bills will be taken up tomorrow. LINCOLN - MUST. MAKE APPEAL Inlted States Supreme t'onrt Refoses to fasne Wrlt of Habeas Corpha. WASHINGTON, May 14.-In an opinion by Justice Brewer the supreme court of the United States today denied the petition for a writ of habeas corpus In the case of James Lincoln, who was convicted in the United Stales district court of Nebraska on an Indictment charging tt)e unlawful in troduction of lquor Into the Winnebago reservation, ite' wa's' found guilty and sen tenced to Imprisonment for sixty days and to pay a'iine -of fcU& His discharge wo asked on the . alleged ground that tha United States court had no Jurisdiction of the offense charged. In dismissing the case the court said: , While this court has authority to Issue writs of habeas corpus for the discharge of any person Imprisoned within the limits of the United States In violation of the con stitution or laws of the United Stntes, yet unless there Is some special reason for call ing for the exercise of such authority a party convicted in n trial court of the United Stntes should pursue his remedy by writ of error and this court cannot be ex pected In every case, especially every petty case or anegea wrongtui conviction, to in quire by habeas corpus Into the legality of the detention. In this case li Is held that there are no special reasons Justifying a departure from the ordinary and orderly mode of procedure. ALLEGED MURDERESS ON TRIAL Woman Who Killed Her Uncle and Aunt Faces Court la Hew York. NEW YORK. May 14. The trial of Mrs. Josephine Terranova, an Italian girl, 17 years old, for the murder of her uncle. Gaetano Regglo, and his wife in their home in this city last February, was scheduled to begin before Justice Scott today. The case la one of the most extraordinary to come before a New York justice In a long time. Mrs. Terranova has Confessed that she Btabbed her uncle and aunt to death, but declares she was impelled to do it by a great wrong done to her by her uncle, in which, she declared, he waa aided by her aunt, Mrs. Terranova had been taken Into the home of her unole, a well-to-do baker, as a sort of a ward and repaid him by doing housework. After her marriage, she as serts, Regglo hinted to her husband that her character was not spotless. ( Terranova demanded an explanation and Are You ritl . Tn h TVtitft tiltrl n . S Ocod Set of BRAINS? 1 GRAPE - NUTSi Keep them in Order. ) A' BRAIN FOOD AND REPAIRER. Every mfuleier, lawyer, journalist, physi cian, author or business man is forced un der pressure of modern conditions to the active and sometimes over-active use of the brain. Analyels of ttje excreta thrown out by ine pores shown that brain work breaks down the phosphate of potash, separating it from Its heavier companion, albumen, and plain common sense teaches that this elemental principal must be Introduced Into the body anew each day, if we would replace the losa and rebuild the brain tissue. We know that the phosphate of potash, aa presented in certain field grains, has an affinity for albumen, and that Is the only way gray matter in the brain can be built. I It will not answer to take the crude phos phate or potaan in tne arug simp, ror na ture rejects it. Tha elemental mineral must be presented through food directly from na ture's laboratory. Thess facta have been mnde us of In the manufacture of Grape-Nuts and any brain worker can prove tha value of the proper selection of food by making free use of Grape-Nuts for ten days or two weeks. Sold by grootrs everywhere (and In Im mense quantities). Manufactuied by the Pustum Co., Battle Creek, Mich. she told him the story of her uncle's con duct and Terranova. with reproaches. abandoned h r nt once. Several days later Mrs. Terranova went to the home of her uncle nnd aunt and while pretending friendliness to her uncle stabbed him. Her aunt defended him and was killed also. The trial began with the drawing of the Jury, during which the girl's counsel, for mer Justice John Palmier!, repeitedly asked the talesmen how thry would be prepared to receive showing that the de fendant was mentally deranged because of lnttr.se excitement when she killed her uncle and aunt. Assistant District Attorney Kly repre sented the prosecution nnd it was an nounced that the charge of murder will be pressed only In the case of . the aunt and no attempt would be mad" to cMivlct Mrs. Teranoa of the murder of her unile. POPE ADMITS THE SHOOTING Colored Man Who Killed Another In Pistol Dnel Tells Story. An Inquest Into the death of Ben Allen, colored, shot nnd killed Saturday after noon In John Wright's saloon, 105 South Twelfth street, wa held by Coroner Bralley yesterday afternoon. Tom Pope, the colored man who did the shooting, was held for further Investigation at the sug gestion of the coroner jury, which found that the shooting was done with murderous intent. Deputy County Attorney Foster conducted fhe examination for the state. Tom Pope, the prisoner, became the prin cipal witness when he took the stand on his own behalf. He said he and Allen had quarreled earlier in the day at a barber shop and related Allen's threats. Pope stated Allen was the first to reach for a revolver and the first to fire at the time of the tragedy. "When 1 saw Allen reaching for his gun I warned the man, and told him I would have to kill him If he started shooting at me," said Pope. Dr. E. R. Porter, who conducted the post mortem examination, stated that the bullet wont completely through Allen's body, piercing the left ventricle of the heart In Its flight. Several colored men who happened to be In the Wright saloon at the time of the shooting were placed on thp stand. Their testimony caused much laughter when they told of the way they got out of the place when the first shot was fired. Ole Jackson, who entered the saloon Willi Allen, testified he heard Allen say he would kill Pope, at the same time showing a revolver he bought a few hours before at u pawnshop. Pope,. the prisoner, does not appear much concerned as to the final outcome of the case. He feel he shot to save himself. APPEAL OF WATER RATE CASE Attorneys for Water Board Uo to 9t. Panl to Arttne the Case. Attorney John L. Webster and C. C. Wr!ght, representing the water board of the city of Omaha, and R. H. Hall, repre senting the Omaha Water company, will leave for St. Paul, Minn., Monday evening to argue the appeal In the case of the Omaha Water company Against the reduc tion of the water rates, as ordered by the water board, and the contempt proceedings In the matter of certain water company officials, falling to testify and to produce certuln book of the company as ordered by the United States court fn the hearing of the case last fall. The argu ments will be heard before the United States court of appeals. TRACTION CASES ARE ENDED Supreme Coort Refuses to (Srsst a Itehearlnar of Lltliratloai from Chicago. WASHINGTON, May 14 The supreme court of the United Statea has denied the petition for a rehearing in the Chicago traction cases. The court delivered decisions as follows today: Gila Bend Reservoir and Irrigation com pany against the Gila Water company. In volving title to a canal In Maricopa county, Arizona, In favor of the latter. Travelers' Life Insurance company ugainst the in surance commissioner of Kentucky, up holding the commissioner and the Ken tucky law In the revocation of permits to foreign companies to do business lu the state. Justices Day and Harlan dissented. The court then took a recess until next Monday. RABBI FRANKLIN FOR WEST Former Omaha Mnn Called from Detroit to Temple Beth Israel, Portland. DETROIT, May H.-Rabbl Jao M. Frank lin ot Temple Beth El In this city hss re ceived a call to become rabbi of Temple Beth Israel in Portland. Ore. He will make no definite answer until his own congrega tion has been officially notified of the cull. Dr. Franklin waa for aeveral years In charge of Temple Israel, Omaha, going from here to Detroit. His wife was form erly Miss Huttle Oberfelder of this city. Marrluae Licenses. The following marriage licenses have been Issued: Name and Residence. Lloyd Evans, Omaha Iva B. BUbee, Kansas City, Mo... Edwin L. Brown, Omaha Florence Montgomery, Omaha Jens P. Hansen, Omaha Emma E. N. Kasmunsen, Omaha.. Josef -Capek. South Omuha Emma tilerba, South Omaha Searcy Lockhart. South Omaha Eva Sewell, South Omaha Josef Novoting, South Omaha Anna Konecky, South Omuha Age. ... 28 ... M ... 25 ... SO ... 28 ... 22 ... 30 ... 20 22 24 ... 83 ...21 Sheet Tells of Troubles. George Sheef, in answer to bis wife's petition for divorce declares she and her sons by former msmage have driven loin from his farm and are now conducting It on their own hook. Before bis marriage to his second wife he was a cigarmaker and worked at his trade, renting his i m. After the marriage they moved to the farm and he uperaied it until, he says, her sons grew up, when they with their mother, forced, him to give up to them. He asks for a dlvurcu and the custody of his child. Hackey" Holmes In Hard lurk. LINCOLN, Neb.. May 14 Manager "Duckey" Holmes of the Lincoln base ball club left torMgi" for Auburn. la., called by news that the bijt barn on his farm near theie had been but.ned, together with his firize stock horse and caws. Before leav n g Holmes signed for his team Clareiue Morte, captain and pitener of the Univer sity of Nebraska lull team, and Hugh Cook, a university outfielder. I eaaue (.ames for Hastings. HASTINGS. Neb . May 14 -(Special ) -Manager Huugland of the local base ball teem Is scheduling games with the Western league teams. He lius arranged for a game with Omuhu here on June The Lincoln Western league team will h y four games here during the summer ami other teams In the league will stop off nere for from one to four games. I.oaa of Pennsylvania Companies. PHILADELPHIA. May 14 -Pennsylvania fire Insurance companies, nine tn all, have submitted statements of heir condition and showing an aggregate loss In :ian Frano.sco of IT.Wi.ltx). Craae Defeats Pennell. LONImjN, May 14. In an exhibition gams of court tennis at the Queen s cluo today Joshua Crane, jr., of Boston., beat V Pennell, 3-0. The Mores were 1-2. M, -. aJsL ' "THE QUEEN f ' I ili'.c - .. . . HAS CONSTANTLY and STEADILY INCREASED in Popularity and Esteern, and is qow'ACcV.Tb, THROUGHOUT the ENTIRE CIVILIZELT WORLD as possessing all the properties of an IDEAL and PERFECT TABLE WATER. RUSSIAN ADMIRAL . KILLED Commander of Port of St. Petersburg tabbed by Workman at Factory, TRIED TO STOP MAY DAY DEMONSTRATION Aasaasln, Who I see Dsggtr la (word Cane Escapes Detection la Crowd of Workmen at Shops. 8T. PETERSBURG, Msy 14. Vice Ad miral Kuzmich, commander of the port, who wns very unpopular with the work men, was assassinated here today by work men, whose May day demonstration he had attempted to stop. , The admiral was killed at the new ad miralty works, a government Institution, where most of the 2,000 men employed there reported for duty at 6 o'clock this morning. They wanted immediately to march out in a body and celebrate the Russian May day. but finally agreed to work until t o'clock In the afternoon. The admiral, however, made a speech to the men, saying he eouM not agree to their leaving work at 2 o'clock, and the matter was left open. At about 9:30 a. m., according to an offi cer who was at the gate of the works, the admiral was' emerging from a small shop In the works, when a workman, who had been concealed around the corner of the buldlng, leaped on Kusmlch. from behind and drove a long dagger Into his back. The admiral fell forward on his face, which was badly cut by stones, and died imme diately. The assassin fled Into a large forge, where he wns lost among the men employed there. The works were promptly surrounded by troops and police, but the search for the murderer was unavailing. The poltlre say It Is evident that the assassination of the admiral had been planned In advance. The dagger, which was found on the spot, was concealed In a round, stick-like sword cane. Among the workmen are many former sailors and revolutionists. Kuxmlrh had a bad reputation among the workmen, being regarded as hard and despotic. Admiral Kusmlch participated in the Rueeo-Turiclsh -war and in 1902 was second ' flag officer of the Port Arthur fleet. He returned to St. Petersburg in 1903 and was appointed commander of the port. Politically he was a reactionist. Demonstration Is Impressive. The workmen of St. Petersburg today made an Impressive show In their May day celebration. . Practically every factory, mill and shop In the city was idle, over 200,000 men Joining the demonstration. Early re ports from the interior ahowed that work generally was suspended In the provincial cities of Russia proper. While the leaders here professed their intention to avoid col lisions, tne radical element, which is boy cotting Parliament, determined to celebrate the day with manifestations, and the men out of work decided to parade In tho in dustrial sections early in the day with flags bearing Inscriptions reading: "Liberty and work for those out of work." The gravest fears were entertained that the day would not pass without bloodshed. The police posted notices that no mani festations would be permitted, large re serves of police armed with rifles were massed in the industrial quarters and de tachments of Infantry and cavalry, though they were kept out of sight, were posted at strategic points. Shortly before noon came the news that Vice Admiral Kusmlch, the commander of the port, had been assassinated at the new admiralty works as a result of his attempt ing to force the employes to work all day instead of celebrating May day. Police Captain Killed by Bomb. WARSAW, May 14.-Whlle Police Cap tain Constant Inoff waa standing In Mars zalkowska street this evening with two policemen and four soldiers a young man threw a bomb Into. the group. The explo sion of the bomb literally tore Captain Constantlnoff to . pieces . and severely wounded a policeman and six other per sons. The assassin tried to escape and firing his revolver wounded a soldier. Two other soldiers replied with a volley killing the assassin and two other persons. The soldiers then attacked the people who had gathered with their bayonets and the butts of their guns, wounding eleven persons, making a total of four killed and nineteen wounded. The terrorists have sought Captain Con stantlnoff's life since Msydsy of lust year, when he ordered the soldiers to fire on a procession of socialists, causing the death of thirty persons. Tha Strangest Thing that could happen would be a case of con stipation that Dr. King's New Life Pills wouldn't cure. Guaranteed. 25 cents. For sale by Sherman tc McConnell Drug Co. DEATH RECORD. Mrs. Mary A. gently. Mrs. Mary A. Scully, a resident of Omaha for forty years, died Sunday at her home, 17o8 South Twenty-fifth avenue, aged t4 years. Mrs. Scully was the widow of the late Patrick Scully, who was killed In the Logan wreck, and had a large number of friends and acquaintances due to her long residence and generous and helpful char acter. She had been sick several months. Kour children survive her: Joseph, Wil liam, Mrs. N. J. Boudo end Mrs. Frank Traman. . The funeral will be held Tuesday morning at o'clock from ths residence to St. Peter's church, where services will be performed. Judge J. A. f alllson. - BEATRICE. Neb., May 14.-8peclal Tele gram.) Judge . A. Calltson, who liss been police Jifdge here for, the last eighteen years, died last night aged tu years. In an early day he was manager of the Nebrasgs Kansas stage line between Rulo and Pair- Using Dr-Graves Tooth Powder twice daily will remove tartar, whiten and brighten the teeth, harden the gums and make brown teeth white. Most people use it t wice-a-day. Ask a dentist why.' Ia handy saatal eaas ew bottles, tSo. Dr Craves1 Tooth Ponder Co. OF TABLE WATERS," - v.vf - . eurV. having his hewdqtirter" In' Beatrice.' He later eervtd the city as- chief of p-li-e and was police jurtg.'t the' fline1 of his death. He was never marrletU He '" member of the Masonic lodge.' which order will have charge of the Yunergf''' ? I . i,. Malicious- Mischief -often done by Indigestion, la -prevented and ' cured by Klectrlc Wtkera. 80 oents..-' Guar anteed. For sale bp'Sherman at McConnell Drug CO -i !,; t -, MAYOR HAS RIGHT TO APPOINT. City Attorney t'phold'a T.lmmaa la tils ' Contention on Park Com ,. mlasrlo-ner. -ti' . v " Mayor Zlmman's cnnteritlrtn'haf '1t waa clearly within his rights f'o name'tleorge F. West as a park commissioner to suc ceed Oeorge W. Linlnger will be upheld by City Attorney Breen In an opinlfin which he will send to the' council Tuesday night. The attorney finds that the charter pro visions plHring the appointing power in the. Judges of the district court hag. been made void by a district court decision made some years ago. He holds, .also, that, Mr. Un Inger's term has,. expired and- the mayor . has both the authority and power .to fill ihe s vacancy,, subject to confirmation, .by the, council. The question of . approving . Mr West's appointment will come before the. present council at its-last reguUer meeting Tuesday night. .Unless tha antagonism toward Mayor Zlmmart is too overpowering' it is thought Mr. -West will be confirmed. - AUTO BOILERS . ARE EXEMPT City Ordinances Do Not Provide for Inspection of Chag Wsgpg Machinery. ' No city ordinance has anything' whatever to say about automobile boilers of their Inspection. In the opinion of Botjer In- ' specter Beheld and other city officers, this omission should be corrected and the boilers of steam motor i?a.rs added fo thrtse. of. stationary engine and heating pla tits for , regular Inspectlofi. Said 'the boiler, in spector: "I have no authority at the. present 41me ; to make any investigations with respect to--automobile boilers. It has been proven', that these boilers ran be. a menace to -life and property and the city should exercise some supervision over them." " PLANS FOR -NEW ; BUILDINGS A. K. Nuckolls Will Erect gtoro at Fortieth and Cuming Streets. . ' - A.' K. Nuckolls Is having plans drawn' by J. B. Mason for an 18,000 two-atory brick store building at the southwest corner of Fortieth and Cuming street.' . -1 Mr. Mason is prepajirvJ.plaris. or ti.tTWi story frame residence for Af C. Qrosstnan at Fiftieth and Webster streets, , IV .'Willi '. cost about 13,600. ..... ., .,, HYMENEAL At the home of the bride, Saturday even ing, occurred the marriage of Mrs. J. A. Parker to Mr. Daniel K. Shrevee. Rev. "Mr. Moore officiating. Only a few friends and 1 relatives were present. Mlsa Delia Shreves, sister of the groom, was present from -Kansas City. Mr. and Mrs.' Bhrevcs will ' be at home to their friends after June 1 ' ot 549 North Thlrty-eeoond street, Council Bluffs. " ' MACKINTOSH'S .tfbFEB1 The Old Kngllah Candy Don't know the taste of MACKIN TOSH'S TOFFEE? You've missed tha choicest candy flavor ever known. But what a treat Is in store for you when you do taste It. Be and 10a naekaaa. At all dealers. Jihn Msckinioih. 74 Hudson St.. Nf w York AMI HEME ST. BURWOOD COOLED BY ELECTRIC PANS THK WOODWARD STOCK . COMFAft LAST TWO WEKK8. TONIUHY -BA1.A NCK WEEK The Delte of Richmond Professional -Matinee Today. " Pjices -Nighls. Smu Mm.4D.-.c, Tues., Thurs., But Mats , lu-iuc . , NEXT AND LAST WEEK- " 1 . THE LITTLE MINISTER Monday, May Klll7(tu. pruuuejice. Sou venir i'liotu Mary ilil. fiesta on Sil fur for Balance of Engagement: - ' A U D I TOII I U M BRUT-NELSON PRIZE FIGHT MOVINO PIOTI'RE" SHOJV , EVKRY NIGHT THIS WEEK With Matinees Wednesday. 'hiirs.l.iy. Friday and Saturday Afternoons at 3 O'clock. Reserved seats, evening. Sic and 5oc. Matinees, no reserves, 26e for uny seal In the house. KRUG THEATER PRICES 15e, 2f.c. buc. Tic (Omaha's Coolest Theater.) Tonight :15 Matinee Wednesday Tha Great Russian Play, Michael Sirogoff- Thursday :-: "A MAN OF MYSTERY." an i ... j .. ,11 . i ''.ul . -I- -i-J (tie CALUMET The Coolest Pla.ce for a Noon Lunch.,. ' .. PROMPT SERVICE For F'om BOYS ( SIX and J , ' to GIRLS SIXTY E t if r