Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 15, 1906, Page 2, Image 2

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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