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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 30, 1907)
THE OMAHA DAILY ttEE: SATURDAY, NOVEMBER HO, 1007. Apolli "The Quern of rapacity of ths pumps were specified. Ths storage and sMtllng reservoirs were lo csted, their . number . and capacity glvOn and the elevation of the former above low water m,.r1i of the river and aJ)ov the various portions of the city were set forth. The mala or pipe system was de scribed In minute details; the names of the streets In which the pipes were to-be laid, tho distances to be traversed, the sljie of the pipes In each street and the precise location of the' first J47 Are hydrants were shown. The report also contained tables showing the discharge capacity of water mains or pipes of spec ific diameters and lengths, and also the dustiness Ore streams could be thrown with stated pressures at " the -hydrant heads, through hose of different lengths and noules of different diameters. The tfharscter of Missouri river water. Its ex cellence for drinking and domestic pur poses and the ease of clarifying It were discussed. Plans and Ppecdflratlone. "In short, the report whfoh concluded with an Itemised statement ' of the esti mated cost furnished almost complete plans and apeotOeatlons for the nU-e works The distribution system was designed for both fire protection and private consump?. Hon. In other words, there was not to be a separate system of mains and pipes for each. The difficulties In depending wholly Upon direct hydraulic pressure for Are ' protection were poln'ed out. It was said that In a large, densely populated city It could scarcely be considered a safe re liance; that the friction caused by the transmission of the water through an ex tensive pipe distribution and the depletion by dally consumption would necessitate ' an Immense Initial pressure as the city grew. It was said that the experience In many cities was that reliability upon direct hydraulic service was diminishing proportionately to the Increase of the de mand for current supply. Hydrant service as a sole reliance for (Ire proteotlon de pended upon one or both of two things, namely, the gravity pressors resulting from the elevation of the reservoirs, and direct pressure from the pumps of the water works. Maslnram Gravity Preanre, "Tfie maiSmum gravity pressure was fixed by the elevation of the reservoirs and therefore not the subject of Increase though Irs efficiency depended greatTy upon the judicious arrangement of tho phie sys tem an dtbe location of the hydrants. As the etty grew this pressure was subject to great Impairment by the Increase of friction In trie Increase of the pipes and try the constant withdrawal of water by consumers. On the other hand It was .stated taut direct pressure from the pumne was always more or less objectionable. The contract and ordinances required that the work should be' of capacity and power to throw streams of water to spe cific hsfa"rrts from hydrants at deshrnated , points. When the works were completed In 188 taey were subjscted to these tests and were accepted by the city as com plying with at! requirements. In the fall of ltng. after these actions were begun, 'the city authorities made tests of the pressure at the hydrants and It la orm- ' tended that they disclosed that the pres sure was deficient and did not reach the contract standard. I. eat Teste E Part. "On the other hand, the company claims that It was not contemplated that the pres sure specified In the contract should be maintained longer than a year after the completion of the works, also that the last tests of the'clty were ex parte, without participation on the part of the company, and that It was not requested to and did not re-enforce the gravity pressure by di rect pressure frowi the. pumps. However this may b we think that the trial court was right In holding the evidence showed that the maintenance of the pressure sought by the city would be Injurious to the enrvloe pipes and the plumbing in the buildings of the cy. and that as private consumers were furnished through the same malna that afforded the fire protec tion, It could not bare been contemplated that a pressure should be maintained for Underwear Is the foundation, on which yon build health and com fort. It you rrsiiie the vital Importance of. tho right kind yrm will ap preciate the excellence ot onr tork. Two Underwear departments. ICasy fitting, comfortable Underwear, from the beat manufacturer lu the country. Boys' and Girls' Underwear In the Et Room Bor cnton Bail, combed Erp lien cotton, natural gray, Jersey ribbed Beys' Union Salt. Jeraey-rtb wool, extra quality, per tuft . . . .fl.ftO Boys' Union Suit, fine plaited wool and cotton, SO pen cent wool, 10R 91.50 Bow' Shirts and Drawer, fine, natural tray, Jeraey-rlb far menu, at earn , 85c Boys' Shirt and Pants, fray, ribbed ootton. garment Soo WRITE FOR ILLUSTRATED CATALOGUE. BENSON vjV- nn 9 7 -si v wis L3I7 DouciAJrrniuLry ..js-s-mw swsrsi suits mm- iw mm ' mkfmm ss.sapispn,, iu "V- -O- nans Table IVaters" one which would be destructive of the other; and this notwithstanding there was language-Jn the contract and ordlnanoe tending to the contrary. This seems to have been the construction voluntarily put by trte olty upon the contract and ordlnanoe as early as 1SS5, when It purchased a fire engine : and commenced the establishment of a fire department. Other engines were purchssed from tfme to time thereafter and by such means the pressure that waa lack ing at the hydrant heads wss supplied by the engines on occasions of fire. Claim of rallsre of D4y. "It was also claimed that the company failed to perform Its obligation to furnish pure, wholesome, clear water, and there fore there could be no recovery upon the contract. No special damages were alleged to have been sustained by the city on this account, but performance by the company was asserted as a condition precedent to Its recovery upon rhe contract. It Is con ceded tli at the water was taken from the Source prescribed, namely, the Missouri river, and It was shown that -settling ba sins, also preecrrbed, were used by the com pany and were the means employed to purify and clarify the water, ever since the works were Installed. It may be admitted that It was a continuing duty of the com pany to make the water as clear and po table as waa reasonably practicable, and to that end to adopt such new and ap prove j methods as came Into use from time to time, yet It appeared that but twice In more than twenty years did the municipal authorities make complaint of the character of the water that was being furnished. In 1CT8 the city brought milt to forfeit the franchise upon the precise grounds set up in the first and ureond defenses now undnr review, namely. Insufficiency of pressure and Impurity of water. In the following year the' suit was determined against the olty -on the mertu. For nearly eight years thereafter no further complaint was made. Mors Taetlfol Move. "In June, 105, near the end of the rental period covered by the second action now under review, the Water board served upon the company a notloe to Increase the pressure and to furnish clear water. This notice wss evidently a mere tactical move In the midst of controvwysy and litigation. It required - compliance within ten days though manifestly If the mesne employed for many yeara without objection to make the water clear had been Insufficient the adoption of new processes would have taken much more time than that allowed. Moreover, the notice waa given while proceedings, commenced by the city, were on foot for the acquisition of the works under a right of purchase. The notice does not lessen the substantial accuracy of the statement that during the period cov ered by the aotkms and for years prior the city accepted' the service -wtthout complaint either of the quantum of pres sure or of the c ha racier of the water It self. There was a substantial performance by the company of Its contrsot obligation to furnish clear and wholesome water coupled with retention of the benefits, and silent acquiescence on the part at the city. Bvon If It were true, as contended, that the company did not 1n full measure per form Its duty,' nevertheless under the facts shown' ft may maintain an action upon the contract to recover the accrued hydrant rentals and the city Is remitted to an affirmative assertion and proof of damages sustslned. It Is well settled that sub stantial performance of a contract by one party coupled with retention of the bene fits thereof by the other will authorise an action by the former to recover the con tract compensation; that In such case re covery may be had upon an averment of full performance ' though the proof falls short ef showing It; and that the remedy of the latter Is by ocunter claim for his damages er by an Independent action before he la sued. Ctty of 8t. Charles vs. Btookey, C. C. A., 164 Ted. 772.) nnsnhor of Hrtnau, "The remaining question arise from the failure of the company to Install the ad ditional hydrants ordered by tho city, The hydrant rentals sued for were for the last six months of 1904 and the first six months of 19W. During the former 3k Warmer -weight Of underwear Saves os from The doctor's care. Girls' Vesta and Pantalets, whir er natural fray, Jersey-rib, , fleeced cotton, per garment. .2fto Girls' Vests and Pantalets In t we ft read ftn-a worsted, Swiss rib, silk finish, garment isoe Grrls' Union Suits, fleeced Egyp tian cotton, suit aoc Girls' Eltck Ptntilrts Jersey ribbed, fleeced cetton, ac cording to sire 88c to COe Jersey ribbed, Australian wool, ac cording to sUe TOe to fl.oo WE CO. THQB period the city ordered the company to place 117 new hydrants, to do which in volved the laying of a large amount of new water mains. The company obeyed the orders to the extent of - forty-nine hy drants and the requisite mains; on Jan uary t 1906. the remaining sixty-eight hydrants had not been placed. The city asserted the failure of the company as a complete defense to the actions for rentals of hydrants previously placed and In serv ice. The company replied, denying that it had defaulted In Its duty and aasserting that the city first broke the contract by falling to make payments due and owing It; also that the orders for more hydrants were beyond the lawful authority of the etty and entailed Indebtedness, It had no legal power to contract. The trial court held thet the failure of the compsny to Install all the hydrants ordered, being a failure to perform a duty Imposed by-the contract, waa without sufficient excuse, that Its aotlons upon the contract could not be maintained, and that since It d'd not seek a recovery lipon the quantum meruit verdlots should go for the city. facts Ben ring on This. "The farts pertaining to this feature f the case are as follows; The original con tract of 1W0 between the city and a prede cessor of the company provided for the In stallation of 250 hydrants at designated places, and that others on new mains might thereafter be required by the city, and when so required should be placed and main tained by the company at nn annual rental of W per hydrant. As the city grew the number of hydrants put In service greatly Incraesed until on July 1, 1904. there wer shout 1.B0O of them, requiring payment to the company of about J90,nno a year, pay able on the first days of January and July. From the time the contract of 1880 was made to 19ns there was power In the city, xpressly conferred "by legislative ait, to levy and collect taxes for the payment of the hydrant rentals. One of the ordinances Incorporated In the contract provided that after twenty years the city should have the right to purchase the water works st an. appraisal by three engineers. The leg islature of Nebraska passed an aot. which was approved February t, l!s, authorising the city to acquire the works, creating a Water hoard for the management thereof and repcallug every provision of law for the levy and collection of taxes for hydrnnt rentals. Of cnurso this act could not Im pair the obl'gatlon of the city In reSDect of hydrants theretofore Installed. But It Is In effect contended by the company that since the city was not required by the contract of 180 or order the location of additional hydrants, since It might do so or not as It pleased, It was In respect of the exercise of Its discretion subject to the dominant control of the legislature; that the company naa no vested contract right to have new hydrants ordered and If the city could say 11 would not order them the legislature could eay It should not; finally, that the withdrawal from the city of the means of payment was equivalent to a nrohlbltton against Incurring the r w Indebtedness. We nave not. however, found It necessarv to dotermlne this question. - Ordinance to Buy Works. "Pursuant to the act of 1903 the mavor and ceuncll adopted an ordinance February 24, 1908, electing to purchase the water works, An appraiser was appointed for the city, the company appointed one and the two chose a third. During the prog- is or mis litigation and the causes that led to It the appraisers were encaged In the performance of their duties, an ap praisement not having been finally agreed upon. When the hydrant rentals became due July 1. 180S, the city defaulted In pay ment and the company had to sue for them. like default was made January I, 1604, and again the company sued. Judg ments were confessed and after mandamus proceedings to compel the city to levy taxea to pay them they were paid In Feb ruary, 1S04. The rentals due July 1, 1904, were paid a few days later. The mayor of the city in an official communication to the city council said that the moneys with wnicn ths payment was made were raised under the mandatory order of a court This left a small balance In the water fund. The city levied no tax to pay future hydrant rentals, though necessarily pro vision for funds should have been made In advance. Not only this, but In November, 1904, while the city council was ordering many new hydrants the balance In the water fund then amounting to about f 10,000, was by order of that body transferred ta the general fund. As ordinances ordering the cempany te Install new hydrants were passed the mayor vetoed them, calling at tention In one Instance to the faot that there was no money In the water fund, no money In srlght and no provision for the levy ef taxes, also that It would cost the company over 27,WO to Install the nfty- nve nydrante required by the ordinances then In question. The ordinances were passed over the mayor's veto. Pass the Question. "We pass the question whether the com pany could lswfully be required to make extenalvs additions and Improvements after the election of the city to purchase and while proceedings for Its consummation were under way, or whether the duty of tho company in such esse was merely to pre serve the Integrity of the works and efficiently operate them as they stood when the election was made. There was sub stantial evidence that the city did not intend voluntarily to pay the rentals either of the old hydranda or of ths new ones It ordered. It had recently defaulted In pay ments and had compelled the company to engage In litigation. It diverted the bal ance In the fund specially collected for the purpose and it made no definite provision, aa the law required, for the indebtedness that waa accruing from month to month. When the rentals for the last half of l4 fell due the city did not pay them and the company .brought one of these actions for thslr recovery. We do not think the con tention thst ths olty was Justified In re fusing to pay because the remaining b'-dranta had not been ptaced, can be sus tained. No Time Prescribed. "The contract presorlbed no time within which new hydrants should be Installed on new mains after being ordered by (he city, and the company was therefore en titled to a reasonable t'me for perform ance of Its duty In that particular Whether the company committed a breach of Its contraot by falling to Install all of the hydrants Involves a consideration of the number ordered, and what would be a reasonable time In view of the sea son of the year. There were 117 ordered between July It and Pecemher 20, 1904. Of these the company Installed forty-nine, and to do so laid about four miles ef new mains before January 1, J 90s. We And no evidence that this was not a rea sonable performance by the company of Its duty. It cannot be assumed that tho eompany broke Its contract merely be cause on January 1, 1905, sixty-eight cf the hydrants ordered during the preced ing elx months had not yet been placed. Ne contract or ordinance lmpnssd upon the company the duty te place al) hydrante ordered within any fixed and limited time. The company not appearing to have been In default en January 1, 1 SOS. the city should have paid the rentals due on that day, but it did not do so and the first of the actions now under review was brought. The failures ef the city to pay were not unlmscrtant in their relation to the con tract ae an entirety, nor can they be as cribed to mere chsnoe or oversight. There waa manifested a purpose to withhold performance of stipulations that were tertal to the Interests of the company. "A municipal corporation. In respect of its purely business relations as dis tinguished from those that are govern mental. 1 held to the same standard of Just dealing that the law exacts of pri vate Individuals. One party to a con tinuing contract of mutual and dependent covenants cannot require the other to per form executory stipulations while he per sists In defaults and compels the ether to seek the aid ef the courts for com pensation due for those he has already executed. (Construction Co. against Sey mour, 91 U.- 8. 4; Cort against Amber gate, etc, Ry. 17 Q. B. 127). "When the company declined to Install the remaining hydrants after the aeries of defaulta In payment by the city It did not thereby wholly discard the contract and deprive itself of Its right of action upon the contract for the rentals previ ously earned. When there Is part per lormance an action upon the contraot will lie If absolute performance hanbeen dis pensed with. (District ef Columbia against Camden Iron Work, ill U. H. 458)." BILLIONS IN CROPS (Continued from First rafe.) termination of the cattle tkk Is entirely practicable. Quarantine for sheep scsbles has been lifted from Wyoming and Idaho. Another rear ought to see this disosse sradlcated loin l iah, Colorado, New Mexico, and Arizona. The removal of fences from the public dumatn lias necensllatad more stringent regHlutlons for the control of cattle manga. There were dippings for this disease. IXmrlne of horses was stamped out more than a year ago, but Inspection has con tinued during the year In several western states, as an additional precaution. Of Imported animals 1.44R were quaran tined out of 147. IM Inspected; 17 cattle from lmlla; were found to harbor the germ of surra, a very destructive contagious dis ease of the orlrnt. The year's work has demonstrated that 40 per cent of ths tuberculosis cows thst show no outward signs are nevertheless scattering tho germs of tuberculosis. Of S5H cattle tested with tuberculin, 1 per cent were found to be tuberculous. The sedi ment tl-en from sepsrators In public creameries has been found to contain tu bercle h.icUll In about one-fourth of the casei exnmlned. r.liKxl ei urn from hogs which have been proved to be immune to hog cholnra, haa been used in vaccinating other lioja, which are thus protected from cliolera for about throe we-ks, as shown by experiments. If blood from diseased hogs, however. Is In jected with the eurum, the protection is extended to about three and a hall months. National Forests. Ths area of forest land reserved by the government was Increased during 1907 by 43.0I0,IK) acres, making the total area of the national forests more than lOO.OiM.OiO acres. In fact, nearly all the timber land of the unappropriated public domain has now been brought under the administration of the Department ef Agriculture. This means that these forests are now being guarded against fire, theft and wasteful ex ploitation; and that their power to grow wood and store water will be safeguarded tor all time. At the same time their pres ent supply of useful material Is open to Immediate use wherever needed. Timber Is ?-lven away In small quantities through ree-nso permits to actual home makers, and In larger quantities to communities for public purposes. Ilevond this It Is sold to the highest bidder, but under restrictions which will maintain a lasting supply. Whllo the primary object of setting aside and protecting these great forests Is not to derive government Income, hut to preserve these great sources of prosperity for the use of this and future generations, it Is certainly a source of satisfaction that the Income from the national forests was greater during the last fiscal year than the entire cost of administration. This income amounted to Il.639.0u0 twice as much as the Income for 19 and more than twenty times that, for 1905. The national forests are not only 1eldlng fue4 and lumber, but they are grazed under government regulations and supervision by vast herds of cattle and horses, snd flocks ef sheep and goats; and under proper man agement their grazing capaalty la rapidly Increasing. That the setting aside of these national forests Is not In the nature of a doubtful experiment Is shown try the experience ot European nations snd proven by the vast expenditures these nations make for the preservation of their forests. Korest lands can be made to grow successive crops of trees Just as surely as fluids can be made to grow successive crops of wheat, and at the same time they conserve the water supply. , Many seml-arld areas In the Northwest have been surveyed with a view to out lining the soil types on which it Is safe to attempt to grow crops with limited rain fall Demonstration experiments on all kinds of alkali lands have shewn that the farmer need no longer dread alkali, as such lands can be. easily reclaimed and made productive. In faot, the alkali-land problem has been satisfactorily solved. The fertiliser requirements of oxtenslve types of soil are being determined and It is hoped to Effect a saving in the fertiliser bills of the farmers. Irrigation Is yet confined almost entirely to the arid and eeml-arid reglsna of the west and the rice lands of the gulf coast, but In time It will doubtless be practiced largely In the more humid regions of the country, as It is In similar regions of the old world. The Irrigated area now under cultivation In this country is' 11,000,000 acres and the crops grown on this srtm In 1907 were worth not less than 175,Ono.O"0. Next year, If - present prices are main tained, the products of Irrigation farming shouId.be worth 0,OX).OflO. FIRE RECORD"" One Death In Apartment House Blase. GLOUCESTER, Mass., Nov. J9.-A lire In the Harvard house here today, resulted In one death, several Injured, and damage es timated at $11,000. A man believed to be George Chambers of this city was killed by Jumping from a window os the second flour of the burning apartment house which was a three and one-half story structure. The Injured persons Included several fire men who besides leg fractures, were over come by smoke and a Mrs. Johnson who was so badly affected by the smoke that at first her condition was regarded . as very serious. The Harvard house was owned by the L. 11. Smith company. Heavy Loss at Gi-Mlte, Colo. LEADVILLE. Colo.. Nov. 29.-A Are which started from the overturning of a lamp In a barber shop late last night de stroyed tl'iree-fourths of the town o' Granite, a small mining station twenty miles east of i-sdvllle. '."ho total loss Is estimated at $,090. Daughters of Isabella. . M'COOK, Neb.. Nov. 29. -(Special.) The first court of the Nutlontl Order of the Daughters of Isabella, an auxiliary of the Catholic Knights of Columbus, to be or ganised In the state ef Nebraska, was in- L i S Your Hot Pines I S I I St' 1 ' ltWEN ths heater rim put 11 hat pipe throujh the house In place of stovej he thought It wu lomethlnj new. But nature put hot pipes II through our bodies to keep ui warm lenj, lonj a$o. Scoll's Emulsion sencU htat and rich nourtih ment through the blood all over the body. It does its work throu th the blood. It (Ives vijor to the tissues and h a powerful flan-producer. AO DrasgUtsi BOe. ess IM r Store Open Saturday mailt Formerly n.((eSCOFlELD U IVaOAK&SUlTCo h 1 OUR AFTER THANKSGIVING Thousands of Dollars worth of beautiful garments upon Suit house has built up such a well earned reputation will be reduced prices. THIS EXTRAORDINARY SALE of HIGH TAILORED SUITS AND FURS will attract all of Omaha's if BEAUTIFUL TAILORED SUITS AT A SACRIFICE $45.00, $50. 00 ani $55.00 TArLORED SlITR Over 200 to select from, all are out of the ordinary styles; reduced to $35,00 and $37.50 $25.00, $27.50 I tih New Suits, made of AND $30.00 wool materials, reduced to. AFTER THANKSGIVING SALE OF GOATS Over B00 Branttrul Coats mads In rtther tight fitting-, ssml flttlng or loose styles, of finest broadcloths and llnsd throughout with ,ailn, regular ,36.00 values, at Over 800 Couiu made of all wool broadcloth or karsey, In hlaalc and all colors; also fine covert and fancy materials: all slylea and sizes to choose from; regular ,36.00 and ,27.60 values at Qver 400 Coats made of good broadcloths and kerBey, In Mack or colors, also of fancy materials. All are new stylish rarmunts and resular ,17.60 and $20. "Q values, at AFTER THANKSGIVING SALE OF FURS S87.B0 Hear Seal Coats, mado selected skins. In blouse or regular styles, special price, ut I $58.00 Brook stink Ooats, made length styles, special prloe V kavs hundreds of otksr Tut Fine Btiulrrsl Sets, ,36.00 special 25.00 Handsome Squirrel Sets, worth ,26.00v K QQ special at rAl"v" Handsome Brook Mink Sets, worth CI Kf ,19.69, special at p.tfvr Isabella er Sable Vx Scarfs, worth fi"3 fUl ,20.00, special at ?W,,W 'JB Isabella Foi Scarfs, worth ,15.00. special price ,, ,16.00 Saulrrel Keck Pieces at ,.5o 'lulrrel Keck rieces ,7.60 Brook Mink Neck rieces at ,6.0 Neck Pieces of Brook Mink or Squlrrrl, at stltuted In this city thle week, with a charter membership of thirty-eight. A ban quet and a dance were accessories to the great occasion. MEXICAN DETECTIVE POISONED Attempt to Kill Secret Service Attest at Work on Revolutionists Cnse. IiOS A1TOELRS, Nov. 29.-Sald to be In dally fear of beln- killed since his arrival here Monday, Trlnldtd Vasqties, a secret servlre officer, In the employ of the Mexi can government, the chief witness for the government In the cases of Macon Vlllaral and Rivera alleged revolutionists, was poisoned today. It Is believed he will re cover. Vasques was chatting with Thomas Fur long, a detective who trailed ths alleged revolutlonslsts across the country when h suddenly threw up his hm-ls and fell In front of the central police station. It was thought that he was having an attack of epilepsy, but the police surgeon when he wss carried Into the receiving hospital found symptoms of strychnine poisoning. It Is supposed if he wss wilfully poisoned It wss given him in his fond this noon. Detective Furlong hss been accustomed to keep the secret service officers continually In his sight as he feared an attempt on his life. Word flew to the federal court when It waa known that Vasques was suffering with poison. Oscar L. Iawler. United States district attorney accompanied by representatives of the I'n'ted States mar shal's office, rushed to the hospital. PI!,E ritrtKn f "V I TO 14 DAYS. PAZO Ointment Is guaranteed to cure ins Case of Itching. Blind. Bleeding or Protrud ng Piles ta to 14 days er money refunded. NMt DEATH RECORD. nors.1 Leon JastremsUt. BATON ROUGE, I-a.. Nov. 29. General Loon Jastremskl, confederate veteran, journalist, candidate for tho dtmooratlo nomination for governor, and a former grand chanoellor of the Knights of Py thiaa ot the United States, who died here today of paralysis, wss one of the most prominent makers of the gulf states' his tcry. He was 64 years old and native of France. When once before a candidate for governor, he was defeavd on a platform embodying the reforms on which all the candidates for governor are making their fight in the present campaign. Mr. Jss tremski waa apilnted United Btatea con sul to Calluo, Peru, by President Cleve land In lS'.fl. He rose from privaie to cap tain In the IoulKlana troops In the con federate army. James B. Brsdwsll. CHICAGO, Nov. iS. former Judge James B. Bra Jwtll. one of Chicago's most dis tinguished plomris, died todsy at the real, denes of his claiifiht'er, Mrs. F. A. Hdmer, In this city. Judge Bradwell waa 79 jeurs old. Until two weeks sgo he had continued to take an active Interest In tl.e management ot the Chicago Igal News, ef which he was pubhsher. He was a law partner of John I Beverldge when Bevertdga was elected governor of Illinois. Ju4e nraJ well kerved as president of the Union League club, president cf the Illinois Bar association, president of the Chlcsgo Bar atsoclatton and president o; the Chicago Pivas club and prextdml of the conven tion held in Cleveland. O.. whlcii resulioj in the American Woman Suffrage society. HlrWrdo Cuatra. MEXICO CITY, Nov. . -Rlcardo Cas tro, Mexico's foremost musician, died here yesterday of pnejnionia. Slgnor Castro was not yrt 39 ytars old but'liad achieved International fame as a pianist and com poser. At tie time of his death he as the director general of the national con servatory of muaie. Child Itemed Se Death. LEAD. B. D.. Nov. . Special Telegram.) Iq a fire this inurnlLg which destroyed the residence of M. R. Maison, on Mill 15 IO DOUGLA.S ST. $35.00, $37.50 in. $40.09 TAILORED SCrre All correct styles, all colors, and all sizes to choose from: reduced to- $25,00 and $29,75 $19-50 all 25. 19. 12. 00 50 50 of $48.00 ITear Seal Ooats, made of fine CMC I skins, in biousa or rogu- nr $45 1 x.:ty.1t.'p.r.lr? 535 of selected skins. In smart kip 24.l? rtrt f t J,UW Garments. All are ottered at Special rriees. U? to $6.50 Waists at $2.98 All pretty new designs, made of good taffeta laces, in white or ecru, wool waists, all regular $5, $6.75 i'(f j, $10.00 $10.00 .. $5.75 New Skirts made terials, in all the newest designs. Some 3 00 to choose from; regular $C75, $7.50 and $8.50 values, at. . , . S3.T5 street, Elgflrd. the 9-year-old daughter of Mr. Matson, wr burned to death. Five other members of the family had a narrow escape from meeting the saran fate. Th fire caught from a candle which had Vmn left burning In one of the sleeping rooms. hymeneal" KempUes-V inje. MAR8HALLTOWN, la., Nov, 2S.-(3pe-clal.) Ira R. Kempkes, general secretary and treasurer of the Order of Railway Telegraphers, of the Northwestern system, was married at high noon yesterday to Miss Lulu Josephine Vlnje at the home of the bride's rsrents, Mr. and Mra. David Vlnje, at Nevada. Because of the atlca he holds Mr. Kempkes Is very woll known all over the Northwestern syrtcm. Senn-Knoll. KEARNH7T, Nflb., Nov. . (Bpeclal Tehi gram.) Elisabeth Knoll of Kesxney and Henry A. Benn of Omaha will be married to morrow morning at 10 o'clock at the Bt. James Catholic church In tlus city. The couple will go to Omaha, where they will be at home at 116 Park avenuo. IP YOU KNEW tho merit of Texas Wonder you would never suffer from kidney, bladder or rheu matic trouble. 1 bottle, two months' treat ment. ISnld by Sherman eV MoConnell rrug Co. and Owl Drug Co., Omaha, Neb. Bend for testimonials. Coonty Clerkship Contested. M'COOK, Neb., Nov. 2. -(Special.) The legal papers have Just bfen filed In a case which promises to be one of the liveliest heard In Red Willow county for many moons. The case Is an aftermath of the recent election, and Involves the county clerkship of Red Willow county. Charles Bkalla, republican, was elected upon the canvass of the returns by a majority of three votes, and W. M. Hlller, his demo cratic opponent, contests Uio election on numerous grounds. . . Over HO0.OW worth of ladlee, children and misses' garments of high class furs, 2d floor, Manufacturera' Wholesale Outlet. Edgar Wins Throo Ussuss. EDGAR, Neb.. Nov. (Special.) A game of foot hall between the Kdgar and Blilckley foot bu'l testna was played here jesterday afternoon. The gume m called st 4 s and was a hot, wordy affair from start to tlnlili and nnu h of roughness was mixed In. But the officers and umpire were firm . i 1 suppressed all unnecessary violence. I'!' game closed at t: wltu a re of o 10 0 In favor of dgar. Two ';ams of b.' i ball were ylayed here ymirrdtiy afternoon. The llrut wits culled hi 1:&J between the girls of the l.Vgsr llih school and the girl of the Cluy Centrr High school. Th game was wnll pliived on twth sides, hi . won by the iilgur High school by a score of 11 to 7. Another amn nf basket bill ilwii the boys of the Edgar and Bhlrkley High schouls was clesely contested snd very cloae. Ti.s score Has H to 14 In favor of Kdgar. denotes shit ruperiority. It's a Lbel that marls the bed made, best balanced and tha most (ashiooabU shirt produced ready (or wear. $1.50 and more. cwvrrv, otsoosr eo. SIMSBS OS e SOLtASS M sssssBWlIP Till TO O'clocK A Formerly lCLOAX KIOTO. -A SALE OPENS SATURDAY MORNING which this great Cloak and offered Saturday at greatly GRADE STYLISH CLOAKS most critical dressers. -1 4 'A m 4 2 4 4 St 3 or -1 nun's veiling snd colors and sizes, and $6.50 values, at. 2.98 Up to $8.50 Skirts at 4.95 of all wool ptnama or fancy ma 4.95 TO THE PUBLIC Wheroas, It has been falsely, wrongfanp, and Injuriously published that Christian son Tiros, at 61st and Ilodgc streets, were quarunllnod becaosti of typhoid fever, we duslre hereby to give Public Notice that such report la false. We never were quar antined and had no reason to be. On Mon day, Nov. 26. lr. Cennoll gave us "orders" not to sell our milk. On the following morning, Nov. 3C, he countermanded said order, and told us to proceed to sell milk as before, from ovr cows. ClmiflTIANBON BROS., By John Christiansen. Arwaye Read OMAHA THE DEE West AMUSBUKNTS. BOYD'S THEATER ToBlgM, aroraay Mattaee sad WTg-ht Last Tear's Big Musical Bnooesa LITTLE JOHNNY JONES Vest Tuesday ant Wednesday MATIKXB WESIIIOtT m. WILLIAM FAVERSHAM la tk Amerleaa Comedy THE SQUAW MAN By IDWIB MXLTOBT BOTZJb. BAT BAXB TODAY. Thursday, Friday and Saturday, Beoombor a-S-7. Matinee Batnrday. SEAT S1AJ.B TOMOfctntftf. MAN OF THE HOUVi rICE Xlsht, $1.60, $1.00, T4 and 600. MaUaea, $1, 7Bo, SOo and l. So. 'Fnune Douglas 44. ADVANCED VAUDEVILLE MATINEE TODAY Sttfl Adults aso Children lOa MOTE-C'virtaln Bits Sharp TONIGHT-Prleu, 10c. 25e. 50o 333X33371 AUD I TOR I UIV1 ROLLER SKATIIIG Afternoon and Evening l"t Appearance or Btlss Jesolo Darling The Bxpert Skater. Baturdav a?!skt. H ASMlBaiOB. ISs Itltll 80a liWSKU hCRUG THliATtM m mu I'rleea. 11-1 i0-76c. Ths TaUAUe4 Moslsal Comedy CAY NEW YORK A Furiously Tansy sad MgaUioeBtIy w . ... ..a a Parted Os Xer WeSAlag Tour. BURWOODJKa inn IV IT P"-W J- White A Co. lUUAI A I vna oi.mi lb ' Throe Ucyas; trinltfc 2 OH llin VV alt one; Daisy Uor4ou; jU AnU Bradley Davis: Th, 8 -e. n ,i Gsguo; Earl Q. lcae4 1 K D f rtoturos. I I U r Uh KlmM OBSAT ACTS