Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 19, 1907, Page 4, Image 4

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The Omaha Daily Dee
Enured at Omaha Postofnc a cood
tiasa matter.
pally Bee twlthiut Sunday), cna yr..4 00
1-ailr and Eundsr, on year Jf
Sunday !!. 0n year J
Ealurday I;ee, one year.. "
Ially tsee (Including Sunday), per week..l5
I'ally b (without Sunday, per week. .100
Lvanlng H! (Without Sunday), per week ie
Evenlrg Bee (with Sunday), per wee...lfte
Address all rorarlalnts of Itreru'eritlea ra
delivery to City Cireuls'lnn Department.
Omaha-Th Bee Building,
South Omaha City Hall Building.
Council Bluffs 15 feeott Pttreet.
Chicago lv Vntty Building.
New rork-lV H"me Mf Insurance Bag.
Washington Vi Fourteenth Street.
Communlrations relating to news and dl
torlal matte should he addressed. Omaha
Bee, Editorial Department
Remit by draft, express or portal order
arable to The Re Publishing Company.
Only I-eent utarnp recejvad In payment of
mall account personal checks, exeept cm
Omaha or eastern exchange, not accepted.
ttat rf Nebraska, Douglas county.
Oeorre It. Tzsebura;, treaaurer of T
worn, say that tha actual number "f I
full and rompleta copte of Tha pally
Morning. Evening and Sunday Bea pnniei
during the month of August, 107. wa
i , a,75o it e,04o
J 30.S4O It 36,800
87.040 II 87 W0
4 SS.SOO SO 87.000
f 37,440 11 3040
, 3430 ttr. 3,30
1 34,700 ti . 34.M0
t 80,840 14 3,S0
t M.O0Q tt 35,000
10 34430 tt 30.730
11 33,850 17 WW
11 37J40 It
II 37410 II... ' "MOO
14.. 30,700 tO 30,840
It 30.770 II... 30440
1 30,360 '
Totl ; a.130330
Lees unaold and returntd copies, lie
Net total . . .
frelly average
; x,i3o.m
Subscribed In my presence and aworn to
before ma this Hit day of August, 10I.
(Seal) M. B. HLNOATE,
Notary Public.
Saawertaers leaving- tha elty
porarllr shaald kara Tha
MallaO ta them. A acres will
cka(t aa aftea a retiaeetecU
The reported shortage of the oats
crop does pot refer to the wild kind.
Before complaining about this Sep
tember heat, think of the saving In
"When should a boy put on trou
sers?" asks the Boston Globe. In the
The king of Slam, having bought
fourteen new dahshunds, may be said
to be long on dogs.'
Thomas F. Ryan Is said to bold the
key to the situation by the organiza
tion of a typewriter trust.
The vacation season Is about over
and an estimate may now be made
on the average cost of freckles.
Several of the aspirants ought to be
thinking about sending their presiden
tial boom to Muldoon's for repairs.
Lieutenant Governor Chanler would
look bigger to New York democrats
If Governor Hughes were not so much
Mayor "Jim" was roped In by the
people up at Chadron. Down hero In
Omaha the people have been roped In
by'Mayor "Jim." '
Fashion writers assert that curves
are going out of fashion. They have
never been in fashion with the Wash
ington ball team.
Morocco does not know Just what a
modus Vivendi means. In this case
It means a division of the spoils, with
Morocco playing the role of spoils.
The Ohio democrats will make, the
usual annual discovery that the repub
licans pf the state' always do their
domestlo fighting between elections.
It 10 not Explained why that Kansas
City mob abandoned, its effort to lynch
a man who flayed - trombone In an
apartment house fourteen hours a
The waning summer has not been
without . Some redeeming . features,
Senators .Beverldgo and Dick have
both been on the mute list most of
the time.
"The voice of the people" has
spoken against ' fusion In Nebraska
The Question is. whether the demo-
pop political manipulators will heed
their oracle.
A' wild bull created havoc the other
day Vy a race through a Philadelphia
street. It must have been a western
product, as the Wall street bulls have
all teen tamed.
Tho lord mayor of Orleton, over In
EngUod, loft 1400,000 to Vale. Th
Yale authorities never heard of him.
butiaro pleased to make his posthu
mous acquaintance.
see no need of tariff revision,"
says Chairman Payne of the ways and
means committee ot congress. Sotue
t lints there is none so blind as those
what think they see.
Chicago may need a new charter,
tut an adverse majority of more than
60,000 is conclusive that Chicago does
not want tho particular charter just
submitted tor ratification.
Omaha will be one ot tho few west
ern cities to put up a horse show this
year. While Omaha may be slow at
getting started in these fads, It is
never tho first to drop out
rABctL rosr riioroa
The Trlstate Jewelers association,
assembled in convention at Cincinnati,
has injected a new element Into the
discussion of the parcels post propo
sition by adopting a resolution Indors
ing the plan, "when the point of ship
ment and delivery are both In the
same rural free delivery route." This
plan, it was argued before the conven
tion, would help extinguish the deficit
In the postal revenues and would at
the same time prevent tha catalogue
and mall order houses, all of which
are in cities not on the rural free de
livery routes, from using the parcels
post to further encroach on the retail
Perhaps It would be unjust to hint
that the express company combine had
a hand in qualifying this Indorsement
of the recommendation that Postmaster
General Meyer will make to the com
ing congress for the adoption or ex
tension of the parcels post system.
However, the resolution is framed
along the line of what the express com
pany representatives have been fight
ing for these many years. The adop
tion of such a limitation by congress
would Interfere only In slight degree
with the monopoly which the express
companies now enjoy in the trans
portation of merchandise denied mall
privileges, under exiting postofflce
regulations. It would prohibit the use
of malls for parcels post purposes, to
the manufacturers and merchants of
the larger cities and give a decided
preference to the dealers In the smaller
towns which happen to be the focal
points of rural free delivery. The
mall order houses would get around
it by appointing a distributing agent in
each town to reshlp their consign
ments. Up to date, little has been offered
to show that the country merchants
have any pronounced opposition to the
parcel's post. Representations to this
effect appear for the most part to be
the result of agitation by Interested
parties under influence of the express
companies, rather than of action by
the retail merchant in the smaller
towns and villages. Unless congress
can be shown that the inauguration
of a parcels post system would work
a real hardship on the country mer
chants, something more effective than
the half way resolutions of the brand
of the Trlstate Jewelers' association
will be necessary to stop favorable
consideration ot the postmaster gen
eral's program.
a it other cnjLLEKat From tiproit.
81r Thomas Llpton will try once
more to lift the America's cup. Out
here in the west, where maritime
knowledge is confined largely to fa
miliarity with the movements and pos
sibilities of the schooner' prairie and
the other kind the Information does
not cause an especial thrill, unless it
be for the gameness ot the true sport
who has been thrice whipped and Is
still In the ring. Perhaps an addi
tional significance attaches to the latest
challenge In the fact that it comes
through the Royal Irish Yacht club,
instead ot the Royal Ulster, as In
former efforts to lift the America's
cup. The word "Irish" Is vastly more
eloquent and potent than the word
"UUter." The Irish have saved every
country but their own and the name
has a pleasing and catching sound.
Couple this with the fact that the new
yacht Is to be called "Shamrock IV."
and many people will see dangerous
strength In the combination ot "Irlah"
and "Shamrock.'
Tho cup, much vaunted and much
wanted, which was originally brought
to this side of the Atlantic in 1851,
after being won by the yacht "Amer
ica" In the contest of that year off
the Isle of Wight, has remained In
peaceful possession of this country
until 1871. Since that time, eleven
different efforts have been made to
restore the emblem to the British
possession, but the cup is still here.
Sir Thomas Llpton has made three
trials for It and has won the admira
tion ot the American people by show
ing that be is a true sportsman and
a cheerful loser. If he can win in the
next contest, no American will be
grudge htm the honor; still, wo fancy
that wo know something about yachts
In this country and Sir Thomas will
find It bard to break tho Americans
of the fixed habit of holding their own
against all corners'.
The official canvass of the votes cast
at the recent state-wide primary In Ne-t
braska discloses, what might naturally
have been expected, that notwithstand
ing the fact that each was running on
both tickets, the populist candidate
for supreme Judge has received the
populist nomination and the demo
cratic candidate for supremo Judge has
received the democratic nomination.
Summing the result up in a word,
while the democrats and populists had
an opportunity to fuse at the' polls,
they have failed to take advantage of
that opportunity because the condition
of fusion on the part of tho democrats
was that the populists accepted the
democratic candidate and coatrary
wlse, the condition' of fusion on the
part of the populists was that the dem
ocrats accept the populist candidate.
If fusion upon a single candidate Is to
be effected now It must be by forcing
one of these nominees off the ticket
and substituting tho other In his place.
But "tho voice of the people" has
spoken and it tho rule of the majority
is to bo respected no fusion can take
place. By their primary election bal
lots the democrats have declared that
they do not want Judge Albert to head
thfelr ticket and the populists have de
clared that they do not want Judge
Loomls as their standard bearer. "The
voice ot the people" has been distinctly
registered against fusion snd to pro
duce fusion now by whatever method
of persuasion Is to overrule and repu
diate "tho voice ot the people."
It is not to be expected that any lit
tle thing like steadfast devotion to
principle will stand In the way of
merging the democratic and populist
tickets In Nebraska this fall. After
the merger has taken place, however,
the democratic and populist spell
binders will be duo to speak lightly
for awhile about "tho voice ot the
Advices Indicate that the constitu
tion prepared by the proposed state
of Oklahoma has been ratified by an
overwhelming majority and that the
democratic candidates for offices In
the new state have been elected. This
action places It before President
Roosevelt to decide whether the two
territories shall be admitted to state
hood as one state.
The situation is peculiar, In many
respects. The constitutional conven
tion, which prepared the constitution
Just voted upon, was largely demo
cratic, and prepared a document that
Is by many considered something of a
freak In the line of state constitutions.
It provides for the initiative and refer
endum, for state wide prohibition for
twenty-one years, and then offers a
code of laws, which opponents ot the
measure contend should have been left
to the state legislature. The consti
tution also embodies the Goebel law,
made famous or infamous In Ken
tucky, which leaves nothing to chance
In elections and gives the democrats
authority and power to gerrymander
the state so as to eliminate republican
chances for many years.
President Roosevelt has considered
the Oklahoma constitution, as en
dorsed by the constitutional conven
tion, at some length and, while he
has given no official opinion on the
subject, the Impression prevails that
the document Is to him far from sat
isfactory, its critics contend that the
convention should have adopted a
plain, simple constitution, complying
with the enabling act, and left all de
tailed legislation to future sessions of
the legislature of the new state. The
voters, however, have decided on the
original plan and, as they have to live
under the constitution of their own
making, the chances are that the ad
ministration at Washington will ac
cept the situation and that the presi
dent will issue a proclamation at an
early date, adding the forty-sixth star
to the flag.
MKXT Natives of Germany In America will
regret to hear that Baron Speck von
Sternberg has voluntarily asked his
government to recall hip from ' hi
position as German ambassador to the
United States. Baron" "Speck," as he
was familiarly known In political and
diplomatic circles at Washington, has
done more perhaps than any other one
man to strengthen tho friendly rela
tions between the United States and
Having succeeded a line of German
ambassadors of the stolid type, Baron
"Speck" entered into tho true western
spirit and avoided many diplomatic
complications by his keen apprecia
tion of the difference between Amer
ican and German sentiment. He be
came a close personal friend of Presi
dent Roosevelt, enjoyed to the fullest
degree the confidence of the state de
partment and succeeded with marked
ability and cleverness. In securing
satisfactory adjustment of every ques
tion arising between this nation and
Germany during his service at Wash
ington. He is now taking a vacation
and will be succeeded at Washington
in November by Herr von Tschlrschky,
at present secretary of foreign affairs
of the German empire.
The redeeming feature of the retire
ment of Baron "Speck" is that after
a brief respite he will become head of
the Foreign office 'at home and will
be In position to further strengthen
and develop, the cordial friendship that
has been established between this
country and Germany during his so
journ here.
It that cocktail alleged to have been
served at the Fairbanks home in
Indianapolis when the president made
his Decoration day address there, Is
to be made an issue In the next presi
dential campaign, the American people
will want to know all the facts In the
case. As the story was first circulated,
the guests on that occasion were
served with cocktails. For a few days
the public laughed at the joke and
wished It was in on it. and then it
was discovered that some sober-minded
people were taking the matter se
riously. The vice president refused
to dignify the story by1 discussion,
leaving everyone to draw his own
conclusions of tho bibulous episode.
But the climax came or was precipi
tated when Bishop Berry ot the Metho
dist Episcopal church announced at
Detroit that "either President Roose
velt or Secretary Loeb, and not Mr.
Fairbanks, was responsible for the
cocktails served at the luncheon tend
ered them by the vice president at
Indianapolis." Secretary Loeb, who
occasionally grows weary ot playing
scape-goat, retorts with this;
Tha atatemnt la too abaurd to be (Ivan
any credence. Neither tha preeldent nor
his aacretary either directly or Indirectly
ordered anything- of. any kind at tha
luncheon .In quaatlon or at any other
luncheon where they were g-ueeta.
On the face of things, Secretary
Loeb's statement is unanswerable. To
start with, no guest, not even the
president nor his secretary, would feel
justified In kicking on tho menu card
of his host and ordering a cocktail on
the side. But Secretary Loeb goes
lame at the critical point. He is silent
whether cocktails were served at all,
or whether he or the president, or the
vice president partook of them. He
gives no hint, either, of the brand of
the cocktails. Were they Manhattans
or Martinis wet or dry old fash
ioned whisky cocktails, Portsmouth
cocktails, gin cocktails, or any of the
other brands recognizable by the
thirsty public and the man in the
white apron who polishes the glass
ware? Possibly they were only oyster
cocktails, that cheer but do not In
ebriate. In that case, the incident
might be considered closed, but If the
cocktails served were of any new
variety the great American public will
want to know the particulars and the
ingredients and perhaps to. try one
before passing Judgment.
The contention of the railway law
yers is that the State Railway commis
sion has no right to fix grain rates be
cause the rates on hauling grain be
tween Nebraska points are constituent
parts of interstate rates for hauling
grain to eastern points. On the same
theory no state railway commission
could fix rates for transporting any
commodity between -local points be
cause there might be an . Interstate
haul of the eame commodity Including
the same local distance. It that Is the
real basis of the railroad appeal to the
federal courts the sooner the State
Railway commission finds out where it
stands the better.
If Omaha is to be made attractive
for Ak-Sar-Ben week by artistic deco
rations it cannot be done by throwing
the doors wide open for all sorts of
hideous canvas signs. The objection
able and ugly street booths and stands
should also be nipped In the bud be
fore people can put. up the plea that
they have made plans which cannot
be disturbed without pecuniary loss.
Senator Depew Is surprised that
there is so much sentiment in the
country in favor of getting rid of the
Philippines. Strange the senator has
not discovered how much sentiment
there Is in the rountry In favor of get
ting rid of two United States senators
from New York.
Why should the populist nominee
for supreme Judgo withdraw in favor
of the democratic nominee? The dem
ocrats will expect ithe populists 'to
yield to the democrats on the electoral,,
ticket next year and ought to be will
ing to let the populists have the best
of it this year.
In view of .these' revelations of
Standard Oil profits, that little 166,
000 donation of Mr. Rockefeller to
help erect a $1O0,O('OO building for the
University of Nebraska, looks so small
as to be hardly worth mentioning.
Nebraska's new echedulo of cream
rates runs up to 600 miles. There
are mighty few states out ot the whole
forty-five that could, have a straight
shipment covering close to 600 miles
without crossing state boundaries.
The democratic mayor of Council
Bluffs has put himself on record in
favor of cutting down the number of
licenses across the 'river to ten. He
must want to equalize the number of
saloons and gambling houses.
Lincoln is about to inaugurate a
new national bank, . It is only a ques
tion of time when the Omaha banking
field will also be found too tempting
to be resisted by ambitious financiers.
Returns -show that Messrs. Hogg,
Bacon and Steer' have been elected to
the Oklahoma legislature. They should
be keen on the Job of protecting the
live stock interests of the territory.
Emperor William recently fell from
his horse while out riding. A few more
breaks like that and the emperor will
lose his chance of ever being com
pared to President Roosevelt.
The king of Denmark has a collec
tion of eggs worth f 125,000. That is
nothing. The farmers' wives in Ne
braska make a collection of eggs as
valuable aa that every day.
The Way of . the World.
' Baltimore American.
Tha distribution of food and evil la In
proportion to the flower and weeds of the
flelda, and tha compensation of wisdom,
wealth, Irnorance and poverty la ever turn
Ins: and twlatlPK around the corner of Im
pulsive circumstances.
Eapaaalaa; la Heal Valae.
New York Tribune.
The Interstate Commerce commission's
report on the operations of the railroads
for tha year 1906-4 shows a large Increase
In gross earnings and net earnings. Rail
road property Is not shrinking In real
value, but expanding, and pessimism as
to Its future seems both gratuitous and
Caatloaa Aboat Tainted Money.
Philadelphia Record.
Colleges may continue to accept tainted
money, but polltltlans have been getting
shy of having thla aort of marked bills
found upon them. Mr.' Burton, who pro
poses to evict Tom Johnson from the
Cleveland mayoralty, announces that he
will accept no campaign contributions
from any public service corporation, Inside
of Cleveland or out of It. The corporations
wlU have to And some other way of con
tributing to tha defeat of the l-cent fare
Tbla May Help Soaia.
; Philadelphia Record.
All men In banks and In other positions
where they are Intrusted with the handling
of tha money of otlu r people are earnestly
Invited to take notice that Runyan, the
paying teller who put tlOO.uiO Into a suit
case and walked off with It. and concealed
himself for two weeks, haa been sentenced
to seven years in tha penitentiary. It may
help them ta resist temptation to poat tLla
paragraph where they can spa It occasion
ally. Not many thieves get much fun out
of their steaUnsa ,t a
Minor Scenes aad Ineldeata Sketched
a the pt.
Waahlngtnn correspondents have mapped
out a royal good time for Secretary Taft
whlla making his homeward journey
through the empire of the csar. The Brook
lyn Tlmea' correspondent calls It tha moat
notable trip ever undertaken by an Amer
ican cltlsen. and givea these details:
It Is expected that Secretary Taft and hi
party will arrive at Vladivostok, Man
churia, on the 11th of next Norember. The
next day they will start on their long rail
road Journey to 8t. Petersburg. The trip
will occupy practically ten days. Including
a stop of two Cays at Moscow.
The arrangements for the Journey, which
were completed In a .tentative way befo'ra
Secretary Taft left Washington, hare been
placed In the hands of the International
Flet-t'lng Car company of Parts, which' op
erates the trains de Uyt on the Trans-Siberian
railroad. A special car has been
provided for the secretary and his family.
In It will be every convenience and comfort
of a well-appointed home. It will be ele
gantly fitted and furnished, divided Into
compartments and provided with every fa
cility known to modern travel. There tha
secretary may rest or work, as may suit
his fancy. Tho ether members of the party
will be provided for equally well. Tha tratn
will consist of three sleepers, a dining car
and an observation car. The entire tratn
will be beautifully and elaborately equipped.
It will be In personal charge of a prominent
official of tha company which operates the
line, who will see to It that tha Taft party
haa every desire anticipated.
The first Important stop on the Journey
from Vladivostok to Moscow In fact, tho
only one of consequence will be at Irkutsk,
the finest city In Siberia, not far from
Lake Baikal, across which the Russian
soldiers marched on the Ice en route to
Manchuria during the Russo-Japanese war,
and 3.35 miles from Moscow. According
to the schedule of the train a stop of
only two hours Will be made at Irkutsk,
but an arrangement has been .made by
which Secretary Taft may prolong his so
journ there. If he desires to do so. The
city of Irkutsk Is the center of the Ruseo
Chluese tea trade, has a population of
60.000, Including 6.00 exiles, and Is an ad
mirably appointed town.
The scenery along the Trans-Siberian
road is wild and Interesting and the views
from paslng trains are magnificently pic
turesque and beautiful. At tha various
brief stopping points Becretary Taft's train
will be supplied with fresh fruits, vege
tables and other provisions.
Throughout the long Journey the secre
tary will be the guest of the crar of Rus
sia and every Russian official, at any
point en route will see to It that nothing
is left undone that would add to the com
fort and convenience and interest of th
trip. On arrival at St. Petersburg Secre
tary Taft will continue as the guest of the
czar and will be accorded the most not
able distinction.
According to Secretary of Commerce
Oscor S. Straus the division of information
newly established In his department la to
be a much mora far reaching Instrument
than haa been supposed. It la not merely
to aid In the distribution of immigrants,
but to serve as a sort of government em
ployment bureau for American working
men. Mr. Straus' plana contemplate not
merely the furnishing to working-men, as
well as immigrants, of Information about
where employment may be obtained, but
the actual obtaining for them of a prom
ise of employment before they leave one
part of tho country for another. Hitherto
It has been understood that this new bu
reau was to aerye. only aa ' a means for
supplying Immigrants with Information. '
"The last congress," said the secretary,
"provided for a division of Information
In connection with the bureau of immigra
tion. I put at the head of this division
one, of the most respected labor men In
tho country, Terence V. Powderly, a man
of broad experience and great ability.
"It Is my hope to make this division
really helpful to labor In general In plao
log such Information before not only the
Immigrants, but the laboring men through
out the . country, as will enable them to
supply the demand for remunerative labor
in every part of the country.
"I hope the division will be a kind of
clearing house, so that the wage earner
may obtain definite employment before
moving from one section of the country
to the other."
James & Brown of Washington Is the
only man In the world who ever had hie leg
broken by $1,000,000. Mr. Brown Is a clerk
In the Treasury department, and a tl, 2(0,000
bundle of greenbacks, falling on him from
a truck, fractured his thigh.
"Tea, that money came to me," said Mr.
Brown the other day. "But I got It In the
wrong way, didn't It Thinking of It after
ward. It seemed to me I resembled a good
deal the hunter who went out after panther.
He, too, got something; but to him, too, It
came the wrong way. Listen!
"A hunter aet out one day to hunt, and
a panther aet out at the same time to eat
'I muat have a fur overcoat,' said the
" 'I,' sld the panther, "must have a din
ner.' "Some hours later, In a lonely wood, the
panther and tha hunter met.
" 'Ah.' said the hunter, gayly, levelling
his gun, 'here Is my fur overcoat'
"And he shot; but the panther, dodging
behind a tree, escaped unhurt
"Then the panther rushed forth before
the hunter could reload.
' 'Ah, here's my dinner," said the panther.
"And he fell upon the hunter and de
voured him.
"Thus each got what he wanted, the
hunter getting his fur overcoat and the
panther getting his dinner."
A Tampering Hint.
Minneapolis Journal.
Says Judge Gary of the Steel trust: "The
time has gone by for the great corporations
to Ignore the public". Right you are,
judge, so kindly roll those rails some more.
Railroad Earnlsgt I.araer Tha Ever.
Chicago Record-Herald.
Notwithstanding the low prices of stocks,
railroad earnings for the past year have
in many cases broken all previous records.
This fact appears to bear out the theory
that the price of stocks depends on the
whim of Wall street and not on the condi
tion of business.
Gaeaawark ana Death.
Chlcaso Record-Herald.
Twenty-five killed In a train wreck In
It was because the trains coming from
opposite directions were not running under
speetflc orders from headquarters, but In
stead were feeling their way along a single
track In accordance with Information oc
casionally furnished to the conductors as
to the location of other trains.
A little error In a dispatch between, two
atatlons, a figure 30 Instead of M--that waa
all. One conductor thought he had time to
make a siding four miles away before the
other reached It. The trains met halfway.
The twenty-five dead furnish twenty-five
substantial reaaons. If, Indeed, any new
reasons are needed, why congTaa and the
state legislatures should abandon their
present halfway measures of regulation and
pass stringent laws compelling the com
panies to manage their roads without mur
der as a side line.
Bieentaiodid by
li.rJlflf phyilclni
an ehimlttt
has obtained the confidence of the public.
L It romelles with tha Piir Fiwt T r.1 .it ......
2. It is tbe ealv bich-rrade
t i. X. v- . t.w.
Food prepared with it is free from Rocbelle Salts of Atum.
S. It is tb strongest Baking Powder cn the market.
I.OOO.OO glvon for any ubatanc)
injurious to rtoolth round In
Calna Is to eerereny aad sclentfncaHr
. prepared that tha neutralisation of the
Inrradleet Is absolutely perfect There
fore alnae leave Roche" Salts
er Alorn (a la feod. II is cheaaloalir
All Qroeori art Asthortzeo to Guarantee (hit
aIamBaklnrPowdreosta little. Coats
a Uttle more thaa the cheap. Injurious
powders new ea the market, but It It big
earing over the trust powders.
Try Calumet
Cesnpany Penalised far Misstatements
ta Policyholder.
Philadelphia Record.
Judge-mad law consists In theory merely
of the application ot old and commonly
accepted rule of conduct to new cases.
In fact, the courts do not make law at all.
They are not Innovator, like the legisla
ture. Nevertheless, the application of an
ancient principle by the Judges to a new
state of facts often Is quite a far-reaching
In effect as any statute. An Instance in
point 1 tb recent decision of the New
York court of appeal In the suit ot a
policyholder who complained that the
published statement of the company were
misleading and presented the condition of
the concern In a light more favorable than
the truth warranted. The decision of the
court was that the policyholder was en
titled to a return of all premiums paid by
him and all accrued earning without de
duction for tbe cost of Insurance during
the life of the policy or compensation of
any kind whatever to the company.
The decision Involved nothing more than
an application of the principle that fraud
vitiate a contract; still, as a restraining
Influence on over-aangulne or unconscion
able Insurance officers this Judicial dictum
I comparable In effectiveness with a
whole chapter of legislative saferuards
from the Insurance code of a state. The
possibility of having to return premium
received on policies, together with all ac
cumulated earning,, even on risk that
have been carried for ten or fifteen years,
will make the officer end director very
careful about putting anything Into their
annual or other statement that might be
construed to hsv been untrue and de
ceptive and. therefore, fraudulent. Tbe In
ducement will be strong to publish all the
facta, the favorable and tha unfavorable aa
well. The remedy la not perfect; It may be
the case that to an Inaurcd person who
haa lost hi health or ha pasaed the finish
of youth the contract 1 worth more than
the returned premium would be. But no
legal remedy I perfect, and o far as it
goesand It roes very far the remedy ap
plied by the court of appeals make for
honest publicity and Improvement In the
confidential relation between Insurers and
Insured. , .
Grwesonaa Beeord. of Aatomoblle Acci
dents. Kansas City Journal.
One of the regular and established ource
of new upon which maker of newspapers
have come to depend I the daily record
of automobile accident. During the last
rummer scarcely a day ha passed without
It grew some story of ome seriou and
often fatal accident to drivers and other
occupants of automobile. Occasionally the
monotony la varied when harm come to an
Innocent pedeetrlan, or when an uncontroll
able machine leap a wall, climb over a
few trees, awlms a lake and land squarely
In th mldrt of a picnic party.
When one read of the desperate chance
taken by the men who race motor car
on the public roads . It la hard to feel a
proper amount of sympathy for them when
the Inevitable word cornea of their Injury.
A long aa men will deliberately invite
death by foolish and profitless diversion
they muat expect the logical consequence
of their own folly. The pitcher that goes
too often to tbe well Is broken at last, and
the speed maniac who continually places
his life and the live of others in Jeopardy
will 'suffer th final penalty.
Automobile- racing seem to have been a
logical evolution la the tr1vlng of men for
speed. There Is something In the very fact
or flying through the air at a breathless
pace that intoxicates Its devotees, to their
own undoing. For th time being. Judg
ment la unhinged and all th natural ele
ment of caution are lost In a wild freniy
that has been' solemnly pronounced by a
board of British experts as temporary In
sanity, related directly with the mania for
manslaughter and self-destruction. It does
not require profound Investigation, how
ever, to convince any wall balanced mind
that lljn hysterical men who drive their
powerful teaehlnes at the speed of th wind,
flirting with titsth at every turn of their
wheels, are menu My warped. Fortunately
their class 1 small The maintenance of
racing automobiles I ioj evpeaalve a pleas
ure for most people. '
Mrs. Effie W. Smith appealed to th O
cult eourt yesterday for an Injunction to
prevent her husband talking to her.
Six palra of lover rushed to be mar
ried In public at an Ohio county fair when
a sewing machine wa offered. People who
tart Ilia together with a good aewing
machine make no mistake.
The scientific expedition sent to tho
Aleutian Island last spring by th Mass
achusetts Institute of Technology, under
the direction ot Prof. E. A. Jagger, has
returned to Seattle. Prof. Jagger say th
expedition succeeded In the exploration of
all the Island of th chain from ITnlmak
Fui to Atlcha.
H. M. Bavllle, profeaaor of ethnology at
Columbia university, who has spent nearly
four month In making investigations and
collecting data concerning th prehistoric
races that he believed Inhabited th moun
tain region and coast of Ecuador, haa ar
rived In New York. He found the ruins
of a city which he believes wa founded
many year before the Spaniard settled in
Ecuador. '
Dr. El wood Meade, formerly chief of th
bureau of Irrigation ef the Department of
Agriculture, and now living In Laramie,
Wyo has acoepted the office ef chief of
the Irrigation Investigation for Australia,
which was recently tendered him by th
British government. The place. It I stated,
carri with It aa annual salary of 11S.0OO.
Pr. Mead wa formerly stata engineer of
Wyoming snd at one time professor of Ir
rigation engineering at the Colorado Agri
cultural college.' Fort Collins.
Vlmer B. Pennypacker Of Westchester.
Pa., executor ef the (130,000 eatate ef Joaeph
Anderson, who died about a . year . ago.
Powder toirl t nn.r.i. .... :
d J, "7
ha be min to give the money away. II
presented 112,000 to the PhoenLxvllle hospi
tal, and he ay he will continue giving
until the fortune la all gone. Anderson
left nearly all his estate to Mr. Penny
packer, with the stipulation that he should
give the proceed away exactly aa he
pleased. Pennypacker is a clerk ot the
ofllc of the county commissioners at a
alary of tl.200 a year.
Edward Morris, who succeeds hi father,
the late Nelson Morris, as the head of the
big Morris packing concern, was born in
Chicago on October 1. IMA. He received his
education In the public schools of the city
and embarked In business with his father
In 1880. Rapid promotion followed, and at
the time of the death of Nelson Morris
the son waa vice president and treaaurer
of the company. He is also vice president
and treasurer of the Falrbank Canning
company, vice president at the Consumers'
Cotton Oil company, and a director of th
National Packing company, A. M. Roths
child de Co. and the Union Rendering com
"Your bumD of destructlveness. "' salt,
the phrenologist, "is large. Are you a
"No," wa the reply. "I am a chauf
feur." The Independent.
BUI Before launching Into- matrimony a
man should always count the cost.
Jill But how can he tell how much aM
mony the Judge la 'going to allow?
Yonkers Statesman.
"Pa. what's the difference between an
investment and a speculation?"
..Wnen 'ou 'n Investment,
when you lose It s a speculation." Chi
cago Record-Herald. ,
"I don't hear Gwendolln talking about
ber afllnity any mure." , -"Nope."
"What's wrong?"
"Her affinity gave, her a falv commercial
rating." Louisville Courier-Journal.
"What's become of the Rollers? Thev
were living very high the last I heard
Of them.
"They are still living high."
"Are they?"
"Yes; on the ninth floor of a tenement"
Baltimore American. . r
Speedy Has he a fine automobile?
Yes, Indeed. He's been arrested twice."
Cleveland i'lain . ...
Handsome Customer (in art tore rd
like to aret inmMhin. tk.t u. n . , i i
suitable present for a young man.
Salesman If you will pardon the bum-.
gestlon, I think a nlcely-framcd portrait
of yourself would
Handsome Customer O, , he, wouldn't
care for that. He's my husband, you
know.-Chlcago Tribune.
8. H. Riser In the Record-Horald
A young man loved a maiden fair
Who thought him "sLTply grand."
He had a surplus cf hot air
For constant ua co hand.
"Come, fly with trw." ! u-ed the moid
Pne stotxl a w!t:' ra djaM
Then shook her ttii and ad)y said
"I fear to Tester
"The equlnoxUl st.'rr-j. you know
Will presently tv hrre.
What If they besrn to blow
Your gaa gave out. mjr dearf
But still he stayed to urge the maid;
At last she heaved a sigh
And gava eon.'nt. wherefore they went
Serenely forth to Ut.
Alas, that love may never real
A smoothly as it should;
Her father had slipped out and done
The worst a paent could.
-.. ,,.
The airship which the lover brought
Lay punctured on the grass;
Their sweet romance thus canje to naught
Because of the laclt of ga-'ti "
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