Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 23, 1907, Page 2, Image 2

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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.
Bog Parties at Afternoon and Evening
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
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
In a dust tight.
(L) moisturt proof packa- 1. 1
- . ...
Arthur Oulou, Mra. Ogden and Mrs. Map
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.
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.
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
Mr. and Mrs. L. P. Sine of Lincoln occu
pied box 49.
(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
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.
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
cracker effectually
cracker ever fresh,
crisp and clean.
cracker good at ell
Via Vbo Confines Theftof Fifty Thousand
Mt Est Taksn Mors.
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.
American Association Files Snlt
Against the t'lntnh Railroad '
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.
Oyster Bay Vacation Will Begin In
Jon and No Speeches
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.
Police Disperse Rlotds Who Assanlt
the Pronrttor of a Cloak
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.
Mora Than a score of Men Ac
cused of Crime Face
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.
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.
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.
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.
To Old Days of Ooffse K4ry for
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."
Fan Etock love tel in Unite
a CtktM
Bonds Nat Subject ta Twit
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., 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
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.
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
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
?, Batlfte, Medallions, Festoons and Ap
ique. Black Silk Chanlllly Kdees, Fin (gi,
rmandy Va'.s., Princess and Point Ap-
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
CJreat sacrifice sale of
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 . . . .
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
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?
10 bars Diamond C Soap. . .
. . .850
2-lb. can Wedgwood Coffe....600
1 lb. special Lt. and F.
Japan Tea 40o
This 90o Combination for 7 So
R-lb. pk. Rolled Oats with handsome
Minnesota Leeii'.ativa Committeo Values
Boad at $28,000 a Kile.
For-SU Million Dollars Spent In
BuflnaT Keir IJnes, While System
Shrinks Slit? Miles In
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, 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.
Dor't Argue:
No S3 hats sold
are better than
And few are as good
Fine Fmlroldery,
i 20
tlilloons. In com
worth from 15c to
. . .
now, palr
76c Tuesday
exclusive designs besides the ever
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.
Subscribe RilirlT (i it. n-
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.
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.
Ivory Wight Matinees Thnt, Bat., San.
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,
PRICES 10c, 880, BOc.
Burwood K35SJ
Professional Mat. Today Tonight
Mats. Thurs and Sat. Next Week
TOHIOHT g:lS Matlnss WsdossOay
lsii raius or VJJtOIJflA
Matinees Tuesday, -
Thursday, Saturday KUll) LfTey
Trloes Mats., aSo. Mights, a5c-30o.
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
Will Serve a' v '
Finest cuisine, quick service, cheerful,
oulet. attractive suauluua eirvUi . r7
Silk Glmpures,