Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 23, 1907, Page 2, Image 2
THE OMAHA DAILY BEE: TUESDAY, A Fill L 2X 1007 Tonlo and rmmbi her love for Bllvto. Thr thou are shining, brlirht iun of wmtnir," and leading on Into th bird sons:, wm full of etqulslts beauty. The climax wu tremendous. Fnrrar's voice la big. but Ilka velvet. She In very dramatic. All her work tell Bba may not always tv dtsoreef, but who ever waa at XT Her scenes with Silvio were full of (Ira and an abiding- Ufa. Her Bnaa at Tonlo, and tha gash ahc Inflicts on him with her whip, form a startling contrast. Her Columbine la enchanting. With her dark hed. and dressed In some shimmering? yellow filmy atufT ahe make picture not aoon to be forgntten. Har body la moat beautiful. She move Ilk ( some treat rat. All her scenes In thla aet are colored with thla Idea. Her Inevitable death, hastened by a taunting Imperti nence and bravado, cornea In the fullneaa of her aplendor. One can hardly blame Canlo when he realised all tha glory of her wo a not for him. M. ran made a very acceptable Canlo. Ma waa at hi beat In the "Lament." Into which he seemed to put bli whole soul. M. Bars la very convincing actor. He clln In apot to an Indistinct portrayal of hta phrases which I very trying. Bcottl, as Tonlo the clown, waa & delight. Jlla delivery of the "Prologue" was very near perfection. What a shame that three quarters of the' house came too isle to hear It! Seoul's voice la rich, resonant and beautifully produced. Ills singing Is a shining lesson to students. Beles as Peppe (Impersonating Harle quin) dd not Jng the "Serenade" very satisfactorily. That waa hi prime oppor tunity. Would that Cameo had been moved to alng the song here In Omaha. Slmard a Silvio did aome effective nctlne and fnlr singing. The orchestra nu-nberlny seventy men under Mr. Vlgna's direction, did splendid work. Vlgna has a way of fairly pulling effect out of Ms-men. He 1 very Interesting to watch. The chorus of tha Conrld company has yet to learn a few tricks of easy tone production from the Savage foroea. The work, however, was good. The bell chorus was particularly i effective. Of "Hansel snd Oretel" It is hard to wrtta with sufficient expression. The whole of this little fairy opera la o charming In every way, and the cast which Interpreted It yesterday waa as near being perfect an any particular person could possibly aak. Perhaps Bella Alton, as Oretel, won the greatest homage. If there Is a little Oretel ny way more bewitching and sweet, we would walk miles In the mud to see her. Alten aeema to have been born for the part. She la Just har cunning little Dutch self, with nb alluring adjuncts of dress or ornamentation. Her little braided plg-tatl furnished constant amusement. Back or front she was Just as fascinating. An. mind you, grown-up, this little arete! cun sing.' Her voloe I beautiful in quality ami In the using of It she Is a great and niaturt artist. Seldom do we hear such finished singing. Perhaps you didn't realise Just what Bella Alten was accomplishing In her little song In the wood about the lark. All her effort Is ao without effort that the ease with which ahe surmounts difficulties is apt to be .pawed over quietly. The prayer of Hansel and Oretel waa one of the most effective and beautiful num bers in the opera. How they sang It! Mattfield Is a boyish and charming Han sel. She has a sweet voice, which she uses Intelligently. Hor acting Is graceful ami sympathetic. Sho behaved beautifully when her prison door stuck and dutifully allowed herself to be fastened In complete liberty. Mr. Gorltx. as Peter, was Inimitable. Hi ' singing and acting of thla character can be called little leas than genius. He has a gorgeous voice, rich aud true, and the unc tuous and delightful humor which he In fuses into th broom-maker's role Is in fectious. Miss Weed, as Gertrude, made a fine foil for Gt-rita. Their scene together was re markably fin. Mies Weed has a good jrblce and It Is well used. Jsooby replaced Louise Homer as the witch ' and did very conscientious work. The aolo of the Sand Man waa well dene. Tha Dew Fairy aeemed to be suffering from stage fright and a wobbly tone pro duction. The effect was all lost. Mr.- Herts piloted the orchestra magnifi cently'. The Witches' RJde and the Panto mime: as the fourteen angels descended t watch over the Babes giving him fins opportunities, which he embraced enthusi astically. M. Li. OCIETY IS Ol'T IX GLAD ARRAY Bog Parties at Afternoon and Evening Performance. A a brilliant preliminary to the evening performance, society waa conspicuously In evidence at tha Auditorium yesterday aft ernoon, attesting Ita appreciation of the musloal treat. Many of tha box holdera had road the reservation for both perform ance and several bog parties were enter tained In th afternoon. firs, F. A. Nash had In her box Mrs. J. M. Daugherty. Mre. W. J. Woodward and Miss Claire Helen Woodward. Mrs. Clement Chase's guests for the afternoon were Mrs. Qurley, the Misses Marjorle. Winifred and Easter Smith, Carmellta. Helena and Philip Chase. The guest nf Mlsn .Mildred Lomax for the afternoon were Mrs. Charles T. Kountse, Mrs. E. 1,. Lonta. Miss Maris Mohlsr and Mr. and Mra Thomas Klley. With Mrs. Warren rioters were Miss Mildred Rogers, Mls Martltana Harrison, Ml Mary Richard sjn. Miss Dorothy Morgan, Mis Carolln Congdnn and Mrs. Belt. Complimentary U Ml Qrac Gibbons of Nw Tork Mra A. U. Reed gave a luncheon, at tha Ornsh club preceding an afternoon at the opera In her party were Mrf. -A. O. Beeson, Mr Jonph Coles. Mrs. K. E. Balch. Mra. F. P Klrkendall and Mra Charles Greene -pf Lincoln. With Mrs. George A. Joslyn wcr Mrs - ' - 1. 1 The only form of food made from "wheat that is all nutri ment is the soda cracker, and yet the only soda cracker of which this is really true is Uneeda Biscuit Tho only Tho only The only The only soda soda soda soda In a dust tight. (L) moisturt proof packa- 1. 1 NATIONAL BISCUIT COMPANY A ft: - . ... Arthur Oulou, Mra. Ogden and Mrs. Map tin. All the box holders of th afternoon were present again In the evening, but the per sonnel of their parties cbanged. The ma jority of the boxes were occupied. Mr. and Mrs. A. L. Reed occupied box 21. entertaining Mr. and Mra. freeman P. Klrkendall. In box tl were Mr. and Mra J. Arnold Habegger of Fort Rob!non, Neb. In box O, Mr. and Mrs. Howard II. Ftaldtige. entertaining Mr. and Mrs. David Raum, Mlea Lynn Curtis and Mr. J. M. Baldrlge. In box 14 Mr. and Mm. Oeorge A. Joslyn had as their guests Mr. and Mrs. George F. Bldwell and Mr. and Mra Qurdon W. Wattles. In box 26 Mr. and Mrs. Henry W. Yates had as their guests Mr. and Mra. C. W. Lyman. Mr. and Mra. C. K. Yoat and Mr. and Mra. Ouy C. Barton. On the other side of the Auditorium, In box 51. Mr. W. Farnam Smith entertained Mrs. John Horhach, Mra. John O. Bourke and Mr. B. F. Smith of New York. In box 2 were Mr. and Mrs. F. A. Nash, who had as their guests Mr. and Mrs. Ward Burgess, Mra C. C. Allison snd Mra. John D. Crelghton. In box 68 were Mr. and Mrs.' Warren M. Rogers entertaining Mr. and Mra. Charles Greene, Mrs. J. N. H. Patrick. Mrs. Wheeler, Mis Mildred Rogers and Mr. Robert Patrick. In box 54 Mra. F.. I,. Lomax and Miss Lomax had as their guests Miss Marie Mohler, Mr. N. P. Dodge. Jr., Mr. Lloyd liomax and Mr. Lee McBhane. In box 56 Mr. and Mrs. Clement Chase entertained the Misses Butterfleld, Miss Jennie Peters. Miss Carmellta Chase and Master Philip Chase. Box 67 was occupied by Mr. and Mrs. Morlts Meyer, Miss Minna Meyer, Mr. Julius Meyer, Mr. and Mrs. H. Rehfeld. Miss iRehfeld, Miss Hattle Rehfeld, Miss Myrtle Moses. Miss Rose Spleaberger and Mrs. C. U. Miller of Chicago. In box M were Mr. and Mr. Albert Chn, with Mia Cahn and Miss Haset Cahn. Mr. and Mrs. L. P. Sine of Lincoln occu pied box 49. CHANGE IN ARMY COMMANDS (Continued from First Page.) extent, the erroneoua census of 1190, and which would have shown Its growth during the period from 1900 to 1WS." Wyoming; Appointment Revoked. It was learned at the Interior department today that the appointment of W. F. Brlt taln to be register of the land office at Buffalo, Wyo., had been revoked by the president because the Postoffice depart ment has secured an Indictment against rtrlttaln for alleged criminal negligence while postmaster at Sheridan, Wyo. The alleged negligence resulted In a fire In the postoffice at Sheridan and considerable val. uable mall was destroyed. There are un derstood to be a number of applicants for tho Buffalo reglstershlp since Brlttaln's sppolntment has been revoked by the pres ident. Minor Matter at Capital. Arguments were heard In the United State supreme court today In the case of the State of Wyoming ex rel Wyoming State College and Matt Borland, A. D. Lane, Carrlo B. Meyer, Amelia 8. Hall and William E. Hardin, a trustees of Wyom ing Agricultural college, plaintiffs In error, against William C. Irvine, as treasurer of the state of Wyoming. The secretary of the Interior has exe cuted a contract with Emanuel Thomas of Byron. Wyo.. for the construction and completion of division IS of the Garlind canal and laterals, Shoshone Irrigation project In Wyoming. Mr. Thomas' bid was $S.2. William E. Mullen of Cheyenne, Wyo., was today admitted to practice before the United State supreme court. John J. Stoehr hss been appointed reg ular and Henry Wohler substltut rural carrier for route 1 at Johnson, Neb. Postmasters appointed: Nebraska Charleston, York county. Frederick Hage melster, vice M. M. Mtaner, resigned. 8-iuth Dakota Marston. Sully county, John 9. Walker, vice U D. Howard, resigns 1. Wyoming Rlverton, Fremont county, Frank H. Allyn, vice W. T. Judklns, re signed. The comptroller of the currency has ap proved the conversion of the Merchants bank of Mtlbank, S. D., Into the Mer chants National bank of Mllbank, with tX.000 capital. JURY OBJECTS TO SENTENCE Leuleaer la Desired for Man Con victed of Manslaughter for Antomoblle Accident. MILWAUKEE, Wis.. April 22. An Even ing Wisconsin special from Kenosha. Wis., says that it la ststed authoritatively that members of the Jury which convicted Ed ward Collier, who reoently was found guilty of manalaughter in the killing of William Dreyer by running him down with an automobile, are ready to plead for leniency for him. Oie of the Juror said: "In sll our consideration not once did ws consider It possible that he would be sent to prison. Th understanding among the Jurors waa that he would pay a fine." Heavy Rain In Mablle. MOBILK, Ala.. April H. From midnight last night until t:s0 this morning Mobile was visited by a torrent of rain. Bo great was th downpour that street In many sections of the city were rovered Willi water one to two feet deep. Children were unable to reach the school houses and the schools were closed. The new Union sta tion was completely surrounded by water. cracker scientificAlly baked. cracker effectually protected. cracker ever fresh, crisp and clean. cracker good at ell times. n QUARTER MILLION MISSING Via Vbo Confines Theftof Fifty Thousand Mt Est Taksn Mors. STRANGER WANTED IN NEW YORK CASE Head at Trust Company of North America Makes Personal Effort to listirt Fnaltlve Loan Clerk. NEW TORK, April 22-The shortage In the accounts of W. O. Douglas, assistant loan clerk of the Trust Company of North America, who was arrested yesterday on a charge of stealing IDO.POO In bonds from the Institution, may reach !2M,OV. Douglas Is raid to have confessed to Oaklelgh Thome, president of the trust company, at the time of his srrest that he had made away with Jf'0,000 In bonds, and today It was reported that he had made a written confession to Mr. Thome In whlrh he admitted that the total value of bonds taken by him would reach 2iO,CO0. The bonds are said to have been turned over to a Wall street broker, who Is believed to have acted for Douglas In good faith. It was reported also that the arrest of Douglas la expected to be followed by the srrest of another man who registered for Douglas at the Hotel Portland In West Twenty-seventh street as "W. R. Gray and wife. Boston." It wis at this hotel that Douglas waa ar rested yesterday, where he was stopping with his wife. The arrest was made on the specific charge of stealing Rock Island A Pacific railroad bonds valued at fTiO.OX). The arrest of Douglas was largely due to the personal efforts of President Thorne of the trust company, who In addition to asking the aid of the police and a local detective bureau enlisted twenty-eight em ployes of the bank to make a personal search for the fugitive. Douglaa left the bank Saturday morning and the search began a few hours later. The amateur de tectives watched all trains and ferry lines and an hour after midnight Runday morn ing the watchers at iha Grand Central station were rewarded by feeing Mra Douglas and a stranger enter cab. The watchers followed the cab to the Hotel Portland, where they found Douglas and his wife registered under the names of Mr. and Mrs. W. R. Gray, Hoston. The strange man had disappeared when President Thorne and a detective went to the room and placed Douglas under arreat. Douglas will be rearralgned tomorrow afternoon. He was taken Into court today, but no representative of the trust company was present. Prtsident Thome of the trust company said today he had found the broker with whom Douglas said he had placed the Securities and that they will be returned today, Mr. Thorne declared that Douglas' shortage amounted to only $50,000 and that all of It will be recovered. ASPHALT TRUSJ UNDER FIRE American Association Files Snlt Against the t'lntnh Railroad ' Company. WASHINGTON, April 22-An Interesting complaint, directed against the so-called Asphalt trust, was filed today with the In terstate Commerce commission. The titlo of the case la the American Asphalt as sociation against the L'lntah Railway com pany. The complainant Is a corporation under the laws of Missouri and la engaged In the mining and shipment of gllsonlte from Utah and the conversion of gllsonlte Into asphaltum. . The defendant operate a railroad line between the towns of Dragon, Utah, and Mack, Colo., fifty-four miles. The Ollson Asphaltum company, controlled by the Barber Asphalt Paving company, according to the petition, operates gllsonlte mines In competition with the complainant near Dragon. It Is alleged that the rail road company, the (.111 son company and the Barber Asphalt Paving company are all companies subsidiary to the General Asphalt company, commonly known as the Asphalt trust, and ure controlled and man aged by the trust. The complainant says It is charged 60 cents per luu pounds by the railroad com pany for the transportation, of gllxonlte from Dragon to Mack, or at the rale of il'J) a car, although the railroad company transports live stock between the same points at the rate of $25 a car and com modities generally at like low rates. It Is olalmed that the tariffs filed with the In terstate Commerce commission by the rail road company are net observed and that the complainant la subjected to execsaive charges, discrimination and Injustice. Th complainant 1 compelled to pay 26 cents each for the loading of cars and 75 cents per team for hauling its product over a highway controlled by the defendant, thus necessarily Increasing the price of Its prod uct about 0 cents a ton. The complainant does not know what the railroad charges th Gllson company, but says it wculd make no difference what the charge might be as, being controlled by the Asphalt trust, it simply would be taking money out of one pocket and putting It Into another. It la alleged also that the railroad furnishes free transportation to the officials of the complainant's competitor companies. The commission Is requested to adjust the charges made for the errylng of freight on a JuM and reasonable basis: to give the complainant reparatory damagea In the sum of $10,000, snd to Issue orders to prevent a continuance of the discrimination against the complainant. EARLY REST FOR FRESIDENT Oyster Bay Vacation Will Begin In Jon and No Speeches Planned. WASHINGTON. April O. President Roosevelt will leave Washington for his summer home at Oyster Bay on June 11 This I much earlier than haa been the president' practice heretofore, hut he feel that publlo business Is in suhape that h can conveniently leave. l:o look for ward to a long period of rest and recrea tion. Secretary Loeb today aatd that no speeches were to be made by the president after he leaves Washington until he goes to Canton, O., for the unveiling of the Mc Klnley monument September 90. From Canton the president will return to Wash ington for the fall and winter aeason. Th president i to make two speeches on Georgia day at the Jamestown exposition on Jun V). -On of theae la to be at the Opening of the Georgia building and the other before the National Kdltorlal associa tion. Hs will reach Washington on th 11th from Jameatown and on the following morning go to Oyster Bay. STRIKE FIGHJJN NEW YORK Police Disperse Rlotds Who Assanlt the Pronrttor of a Cloak Factory. NEW TORK. April K.-8triking cloak makers at the establishment of Oscar Mar golin A Son. IJpaen street, sssaulted the senior member of th Arm, created a riot In which eeversl hundred persons partici pated and finally were dispersed by the police. Four of the strikers were arrested. Harry Sllversteln, the alleged leader of the outbreak, was held on a charge of felonious assault. The othera were re leased upon payment of Ones of $10 each. A strike had been on at the Margolin fac tory for several weeks snd the strikers have been so belligerent that a special de tail of policemen was constantly on guard at the factory. When Margolin and his son, Famuel, were sbout to npn the door they wets aouuated by a committee of strikers. Margolin was told that he could not talk bualness with them on the street. Heated word followed and a moment later a free-for-all fight oc curred. A doaen policemen were called be fore the riot was quelled. The police used their clubs freely and finally, with drawn revolvers, succeeded In arresting th quar tet of leaders. "BLACK HANtrjS ON TRIAL Mora Than a score of Men Ac cused of Crime Face Court. WILKESPARRK. Pa., April I2.-Mor than a score of foreigners charged with being members of the "black hand" and responsible for a large number of crimes In this vicinity were placed on trial here today. Thirteen cases of shooting with at tempt to kill, thirteen of conspiracy, six of dynamiting and two of robbery by threats and menace are charged against the men Who are Alleged to be the leaders of the ' black hand." Hundreds of foreign fami lies in this section have for several years lived In a state bordering on terror as a result of threats made by thla mysterious organisation, which In many cases have been followed up -with murder. -The men who exposed the personnel of the society are Charles, Salvatore and Joseph Rits of Brownton. The persecution of these men began In the early part of last year when a letter was slipped under their door demanding $500 unlesa the entire Rita family desired to be annihilated. The principal witnesses In the cases have been placed under ball to appear and fami lies thnt were driven away by the society's persecutions have been brought from many cities as witnesses. ALLEGED ASSAILANT TAKEN Man Francisco Motorman Identified by Woman a Man Who neat Her. BAN FRANCISCO. April 21-Alvln Eddy, a motorman on the Fillmore street line, was arrested yesterday and positively Iden tified later by Miss Ethyle Ilonraton as the man who had beaten her nearly to death at midnight last Friday, when, os tensibly lesdlng her to he house at 115 Point Iyibo avenue. Into which her mother had moved that day, he enticed her out Masonic avenue and there choked her and pounded her face until she was unrecog nizable when she resisted him. He bears teeth marks on his fingers. Eddy declares he Is not guilty and as serts he can establish an alibi. Besides the identification by Miss Her gaton and the marks of teeth on Eddy's fingers, the police have obtained still fur ther evidence agnlnst Eddy. This evidence was given by Bert Valcrga and William C. Smith, both United Railroads csrmen, liv ing In a Geary street refugee camp. They saw a man leave the Fillmore street ear on Friday night; they saw him board the Geary street car with Miss Hergaton and they say positively that man wns Alvln Eddy. They called at the city Jail yester day and picked him out. FIRE RECORD. Maine Cannery. LVBEC. Me., April 22.-The entire plant of the Seicoaat Canning company, leased to the American Can company of New York, at North Lai bee was burned today. The Are was caused by An. explosion In the gas house. No one was .injured. The loss Is estimated at $200,000. The explosion was followed by a rush of flames, which spread rapidly through the oil-soaked wooden building, and all the buildings were quickly consumed. The entire supply of cans for the sardins packing Industry on this coast has been furnished by the destroyed plant and a smaller establishment operated by the same company In Lubeo. The ruins are being searched for the body of an employe named Thornton, who is re ported missing. DEATH RECORD. Thomas W. niahop. SIOUX CITT. Ia.. April 22.-Thomas W. Bishop, one of th best known newspaper men In South Dakota, died of paralysis last night at Salem, B. D. Matthal St. lane. COI5GNE. Germany, April 22.-Matthal St. Innea, one of the most important coal magnates of Germany, Is dead. Wisconsin Deadlock I nbroken. MADI80N, Wis., April 22 The sensa tional deadlock remain unbroken. Steph enson gained one vote tonight. On tho twentieth ballot the result was as fol lows: Cooper. 17; Esoh, IS; Ratten, 18; Inroot, 18: Stephenson. 30; Baensch, 4; Wilkler, I; Hudnall, 1; Owen, 1. Benedict Glmhe! Die. NEW TORK. April 22-Benedlct Olmbel. the wealthy Philadelphia merchant who cut hla throat and wrists with broken glass in a hotel In Hohoken soon after he had been arrested on serious charges In this city died in fit. Mary's hospital, Huboken, shortly after S o'clock this morning. WOULDN'T GO HACK To Old Days of Ooffse K4ry for Millions, A N. T. lady Is emphatic about coffee, and in comparing her former condition when using It, with her later improve ment under Postum Food Coffee, says: "We have used Postum Instead of cof fee for the past four years and have been greatly benefited by the change. "I have always had a ' weak stomach from childhood, and about five yeara ago one doctor told me I must leave off coffee entirely. I thought I could not, but tried It for a few mornings, using oocna In lis place, but tired of It. "Then I went back to coffee and kept getting worse, until my stomach waa un lit l to hold or digest much of anything. "One day I got hold of a little booklet, 'The Road to WellvllU." I read It and de cided to try Postum. "I got better as time went on and we all learned to Ilka It so well that now we use It to the exclusion of'everythlng else in the line of drink at table. "This summer I went away for two weeks snd my husband took his meals st ths restaurant. As he did not drink coffee he asked for Postum. They brought It to him, 'pale, weak stuff,' mad In a hurry. "But the first morning after I returned home he said, 'Oh, It aeems good to have a cup of Postum that'a made right!' At the restaurant, he aald. they did not boll It long enough, (Postum must be well boiled to get the delicious flavor see di rections). "I would not use coffee again and go back to tha old day of suffering for mil lions. I hav a friend who drank Postum for two week, during a siege of typhoid fever, the only nourishment she took in all that time, and ah camo out all right. I would b willing to give $1 00 a box for Postum rather than use coffee." Name given by Postum Co., Battle Creek, Mich. Read "Th Road to WallvlUe," in pkgs. "Theis's a lUs-soo." RULE IN IOWA TAX SUIT Fan Etock love tel in Unite a CtktM Bonds Nat Subject ta Twit MISSOURI INSURANCE LAW UPHILD lalted State Supreme Court He verses Court of Appeal In Cuae Wherein Insured Man Committed Suicide. WASHINGTON, April 22. Deciding ev eral cases brought to it by savings banka In Des Moines, la., the supreme court of the United States held today that govern ment bonda In which the capital stock of such banks is Invested are exempt from taxation. The test opinion was delivered by Justice Moody In the cases of the Home Savings bank against the city of Des Moines. Ths Iowa supreme court In decid ing ths cases laid down the general doc trine that "the general exemption from state taxation with which the bunds of the United States are clothed does not entitle the bank to deduct the amount of such bonds from the value of the shares of their stock which are assessed to it for the purpose of taxation." Justice Moody's opLnlon reversed that ruling on the ground that the course outlined is "clearly a di rect tax on the securities of the United States" and therefore not permissible. The chief Justice and Justices Harlan and Peckham dissented. In the course of his opinion Justice Moody said: We retrot that we are constrnlncd to differ with the supreme court of the stnte on a question relutlng to Its law, but hold ing the opinion that the law directly taxis national securities, our duty Is clear. If by the simple device of adopting the value of corporation shnres as the measure of the fixation of the property of the cor poration thnt property loses the Immuni ties which the supreme law gives to it, these national securities may easily bo taxed whenever they are owned by cor porations, and the national credit has no defense against a serious wound. Missouri I.aiv I'phrld. In deciding the case of Amanda S. Whit field of Kansas City, Mo., agaln.it the Aetna Life Insurance company of Hart ford, Conn., the supreme court of the United States today construed the Mis souri state law providing that the suicide of an insured person shall not constitute a valid defense In resisting payment on the policy against the company. The opinion was delivered by Justice Harlan and re versed the decision of the circuit court of appeals for the eighth circuit, which de cision wus in favor of the company. The policy Involved was for $5,000 on the life of James Whitfield, husband of the plaintiff, and was taken out In 1900, about eighteen months before the death by suicide. There was a clause exempting the company from paying more than $.) In cose of suicide, and this sum the local federal courts awarded. The court of appeals took the position that an expansive construction pf the law would render the statuto violative of the common law allowing freedom In contracts. The court therefore held that the state law could not properly be con strued as prohibiting the right to classify risks which had been done in providing for the payment of only $500 In case of the death of the Insured by his own hands. The supreme court took the opposite view. "Lord Barrlnartnn" Loses Appeal. In an opinion by Chief Justice Fuller the vupretne court of the United States today dismissed the esse of Frederick Sey mour, aliaa "Lord" Harrington, under sen tence of death In St. Louis on the charge of murdering James P. McCann in the outskirts of that city in June, 1&03, In effect affirming the decision of the supreme court of Missouri and thus sustaining the verdict of guilty returned by the trial court. The case has been before the public for several years and attracted much atten tion, largely because of Barrington'a pre tense of bearing an English title, under which, shortly before the tragedy with which his name Is connected, he married a young woman of good family residing in Kansas City. Harrington made a vigorous fight in the St. Louis courts, contending that his con viction was due to prt-Judlce and that the charge was not austalned by proof. When the Missouri aupreme court decided against him he brought the case to the federal supreme court on a writ of error, contend ing that his trial had not been fair. The cbbc of Aggie Myers, the Kansas City woman who recently waa sent to the Mis souri state prison for life on the charge of murdering her husband, which was brought to the supreme court of the United States before the commutation of her sentence of death, was today dismissed by that court. The present term of the United States supreme court closes May 29. The call of the docket will be suspended on the 26th. Judgment for Loyal Sioux. The United States court of claims today rendered a Judgment in favor of loyal mem bers of the Slsseton and Wan pe ton bands of Sioux Indians and against the govern ment for the sum of $78,971. The claims were based on the treaty of July 21, 1831, by the terms where the gov ernment agreed to pay the Indiana $305,000 and an annuity of $73,300 for fifty years. The payments were regularly made until 1K3. During the preceding year an out break of the Sioux occurred in which they committed many depredations and outrages upon the settlers in Minnesota. In 1803 congress passed an act forfeiting the annultivs by the government, but sub sequently from time to time made appro priations for the benefit of some of the Indians who had not participated In tee uprising. Congress authorised the court of claims to determine what would now be due to the Indians who had not taken any part In the depredations had not the forfeiture act of 1S&3 been paased. It also authorised the secretary of the Interior to find the amount due to the loyal Indians, per capita, after deducting partial payments that had from time to time been made.' It Is assumed that the amount of $788,971 will be paid to the surviving peaceable Indiana in the near future. Origin of Whitfield Case. KANSAS CITY, April 2i James Whit field waa for twelve years sporting editor of the Kancas City Star, which position, together with that of president of the Western Hae Ball league he held at the time of hla death here on April t, lsn2. Whitfield, despondent over financial re verses, shot himself. His widow and one son live In Kansas City. REPUBLICANS ENDORSE COLT Rhode Island Central Committee-Tries to Break Deadlock Over Vultea States Senator. PROVIDENCE, R. I.. April C After thirteen weeks of deadlock, during which time M ballots have been cast for a United States senator to succeed George Peabody Wetmors, the republican state committee today declared In favor of Colonel Samuel Pomery Colt of Bristol and urged that all republican members of the general as sembly vote for the man who throughout the deadlock has polled the majority of the party votes. While ths action of ths state central committee Is not binding upon the members of the assembly, It Is believed that tomorrow Colonel Colt will be elerted. The vote of the committee favf.rlng Colt's elec tion waa 9 to 4. The republicans hsve sixty-nine votes In the Joint assembly, against forty -ons demo lOth V AJSD HOWAUD OUR GREAT MANUFACTURERS' SACRIFICE SALE CONTINUED TUESDAY Dainty Lares, Super!) KmhroluYrlr nntl lW-natifiil Lro Curtains, ftll lonKht "wny below tlie r;t of manufacture niI now on sale at surprising; rrliictlon Tlint these marvelous vnliu-a were- npp reflated was attostotl Monday from hundreds of eajft-r purchasers who runic onrljr and staid late. Not often fuch (crest pun having opportunities present themselvea and when they do It's more likely thnt they will Ih found as usual nt "Tho Daylight Store." Laco Trimmings and Embroideries Hundred, of yards of Oriental Net Top I,nees Crratu Para- js cws ' guny Alloverg, Venice and Dntlste Uucds, etc., vultics that fr jf Bold to 60c now on sale at, yard An endless variety of Ice, 48 ?, Batlfte, Medallions, Festoons and Ap ique. Black Silk Chanlllly Kdees, Fin (gi, rmandy Va'.s., Princess and Point Ap- pliqt rsormandy va;a., princess ana I'oint Ap plique Edpeg, 3 to 12 Inches wide Anions this beautiful selection are values up to 13.00 your choice for YARD CJreat sacrifice sale of 20 DISCOUNT Val. Medallion Alloverg, Hand Loomed All overs, Deep Flounclnps. Kd Rings, Inser tlon Bands, Festoons, plete matched sets, $7.60 yard, all at f 1.00 KMimoiDKIlY, 48c 20 and 24-inch Allovers, wide and deep flounclngs, all $1 values, while It lasts, yard . . . . LACE CURTAIN SALE 200 pair Nottingham, and fine Swiss Curtains with ruffles, 3q and 3 yards long and worth from $1.60 to $2.26, pair. . . . tfOC lOO Pair l ine Unfiled Kwlss Curtains and Net Curtains for bedrooms, that always sell at 7 6c Ik-autiful Curtain Swiss Dots and figured, 20c va'ue, for. . . .12M 39c Kimono and Drapery Silk Sale 39c A special purchase from one of the greatest Importers of Japanese sllka In America, 100 different styles, especially adapted for drapes and fancy kimon-a at a price that allows us to offer you 5C Tuesday 65c and 75c qualities for only, yard OwC Ladies' White Lawn Waists 39c Lace and Embroidery trimmed, plain tucked and tailored , waists, at regular price would be Girls' and Misses' Rain Coats Fancy Stripes In plaid backs, rain proof cloths, ages 8 to 14 SO years, worth $2.60 Tuesday only larO Children's Dresses Fine heavy Percales In light and dark colors, ages 10, 12 and jjjQ 14 years, bold up to $1.4 8 -choice Tuesday only OvC BASEMENT BARGAINS TUESDAY PRINTKI) Ill'HLAP For home decorations patterns and colorings for every purpose a most comprehensive display from the very gorgeous to the sedate all new and many popular oriental novelties a splendid quality that is worth 35c yard full 36-ln. wide for this sale only, yd. FIBER SLIT CASES Here Is something new a beautiful brass bound suit case, strong lock made of bark fiber strong, light and very durable a very desirable case for ladies' usa Oft 24-ineh special for Tuesday I T fCt? TUESDAY WINNERS IN "THE DAYLIGHT GROCER" 10 bars Diamond C Soap. . . . . .850 2-lb. can Wedgwood Coffe....600 1 lb. special Lt. and F. Japan Tea 40o 9O0 This 90o Combination for 7 So R-lb. pk. Rolled Oats with handsome WATER IN ST1CKNEY STOCKS Minnesota Leeii'.ativa Committeo Values Boad at $28,000 a Kile. CAPITALIZED fOR F.VE TIMES AS MUCH For-SU Million Dollars Spent In BuflnaT Keir IJnes, While System Shrinks Slit? Miles In Length. ST. PAUL, Minn., April 22.-Rallroad property In Minnesota, is valued at (216, OuO.OOO by tha Sundberg Investigating com mittee, which returned its report to the state senate today. This Is approximately (27,000 a mile. The property is capitalised to the extent of about S40o;oCO,000, or ).0U0 a mile on an average. The net earnings, according to tha committee's findings, averaged over 15,000 a mile last year or 18 per cent on ths committee's valuation. The report says that to arrive at the cost of reproducing; and equipping the dif ferent lines in their present condition the conanlttce considered tha original cost of construction; the cost of Improvements, betterments and equipment added since; the cost and character of the lines recently built; the expense of operating and the earnings under existing rates; value of stocks and bonds; the geography of the line and the judgment displayed In Its lo cation. Referring to. the Chicago Great Western, the report says: "This road waa built by A. B. Btlckney, who rained the funds by acquiring, organ izing, reorganising and harmonizing cor porations of Minnesota, Iowa snd Illinois." The capital stock and funded debt of tha rood is I143,8 per mile and the committee finds it Is valued at about one-fifth that, or $,00 a mile. In its last report ths company certifies that line and equipment costs $98,011 per mile. Referring to the fact that In 1R91 there was reported for "purchsse of constructed road 16,317,191.52," the committee says: "It was then 816 miles long. Fifteen yeara later this elastic Item had been stretched to VO.55M.S44.2S. but the whole line had shrunk sixty miles In length. It had been watered too much." DIAMONDf-Frenzer, lf.th and Harney. 1w Fleetrln Line. BPRINOFIEI.D, Til.. April H.-An elec. trie railroad from Terre Haute, Ind , to Qulncv, 111., and St. Inl, Mo., was li censed to Inccrnorate today. The rod Is the 8t. Iouls. Terre Haute A Qnlncy Trac tion company: principal offices, Sprinefield; capital stock, 125.000. 22E23 Dor't Argue: No S3 hats sold are better than And few are as good WHEN YOU BUY JUST SAY GIVE ME A Von- YARD Fine Fmlroldery, i 20 tlilloons. In com worth from 15c to . . . DISCOUNT 48c 48c now, palr 39c 76c Tuesday exclusive designs besides the ever 20c piece china for 8 So Fruit Puddlne, 3 pkRS. for 85o 25c Beauty Cream Candy, lb..,.13Ho Jelly Hi-ans, pound 10o 2.000 Pansy Matches In box for. ..10o Assorted Dahlia Kullis. ench So Flower and Vegetable Heeds, 3 pack ages for 100 Fresh and new and sure to Krow. READ ' THE BEST ' PAP WW Subscribe RilirlT (i it. n- AMI SEMESTS. Auditorium r&IDAT AKD SATUBDAY, APKIX. 80 and 87, "07 Matinee Saturday Majraifioent Presentation of D. Hope Leoiard's Spectacular Kxtravaganisa, Alice in Wonderland U 50 Great Caat and Chorus 9SO Auspices Omavha Camp, No. I, W. 0. W. Beautiful Costumes, Elaborate Proper ties, Appropriate Scenery and Colored Calcium Effects. FOFTI.AB miCXB. Evening-25c, 3iic and 60c; box seats, T5e. Matinee, children under 13 years, 10c; artults. 2o. Reserved Seat Sale Begins Wednes- u.iy morning, April 21. Doug. Ivory Wight Matinees Thnt, Bat., San. MODERN VAUDEVILLE James J. Morton, Ths Pon rords. Frank Mostyn Xtlley and IS. H. Carver, Klners-Moulla, Sutollffe Tronpe, Warden and Oladdisn, Bobsrt Home and the Kino, drome. PRICES 10c, 880, BOc. Burwood K35SJ Professional Mat. Today Tonight RICHARD CARVEL Mats. Thurs and Sat. Next Week WHY SMITH LEFT HOME sgrw.TgMisT!CTasaiCTT-a KRUG THEATER TOHIOHT g:lS Matlnss WsdossOay MISS FAUtOT COT7BTBTXT, in lsii raius or VJJtOIJflA Thnndlt-JAIIEI KAVl LYRIC THEATER Matinees Tuesday, r..il. - Thursday, Saturday KUll) LfTey Trloes Mats., aSo. Mights, a5c-30o. GOOD NEWS FOR THE HUNGRY Appears In this announcement. We pro vide a mot exctlli nt meal ar rejHinab!u prices and its rTvlce Is es.-ellent upd pleas ing to agree. H'-re you can get soups, fuS. stiuks, (.(.'-J, loudi. enirei' inuitiy, egg, oval ere and vegetables and at! kinds of desserts. THE CALUMET THE PAXTON CAFE Will Serve a' v ' SPECIAL NOONDAY LUNCH Finest cuisine, quick service, cheerful, oulet. attractive suauluua eirvUi . r7 Silk Glmpures,