2
THE OMAHA SUNDAY BEE: JANUARY 5. 1908.
rorce, corporations and th like. Thin,
however, Is not strictly accurste. The con
fusion In tlila particular la attributable to
cither one of two thing;, namely. differ
ent In Judicial Interpretation of the, law,
r the connivance of public officials at will
ful violation of the statutes.
"In soma states baae ball played on Bun
day la expreeely prohibited by statute. Thus,
In Indiana, the statute forbids baseball
on Sunday for an admission fee. (Bee
Stat atralnst Ilogrlever, 1H Ind., 6S2 ) But
In spite of the statute, Sunday games are
played In many of the cities of the state.
In Ohio Supnday base ball Is expressly pro
hibited. (Bates Annot. Stat. Bectlon 708a.)
And It ha been held under this statute
that arrest for it violations may be
made on Sunday. (Sea Ex. p. Carrol, 11
Whir. Law Bull, t.) Nevertheless, National
league games are played In Cincinnati on
Sunday and American league games In
Cleveland. Th writer mean American
association game In Columbus Instead of
American league games In Cleveland), ap
parently without a word of protest from
any one. These two jurisdiction furnish
noteworthy example of willful violation of
the statute. .
"In some other Jurisdictions Sunday base
ball Is made Illegal, not by expreas statu
tory provision, but by virtue of Judicial
Interpretation of statutes. Thus, In Michi
gan, the statute read that no person shall
take part In any sport, game or
play on the first day of the week." This
statute has been conceded to Include bane
ball. Be Scougala versus Sweet, 124 Mich,
til. wherein It was also held that playing
ball on Sunday was 'a breach of the peace
under another statute referring to the duty
of the sheriff to disperse unlawful assem
blage. Similarly, In Nebraska, It ha been
held, under a statute providing that If "any
person of the age of 14 year or upward
hall be found on the first day of the week,
commonly called Sunday, sporting, rioting,
quarreling, hunting, fishing or shooting, he
or she shall be fined,": etc., that playing
baset ball comes within the definition of
"sporting." (See State versus O'Rourke, 36
Neh., 614.) This decision was followed and
reaffirmed eleven year later, In Seay
versus Shrader, 9 Neb., 246, wherein the
court aald: "Since the decision was ren
dered the legislature has been In regular
session no less than six times. It 1 fair
to presume that If the law a there an
nounced h,ad been offensive to public senti
ment, or the Interpretation there put upon
It. had been generally regarded a errone
ous, It would long since have been
changed." Notwithstanding these positive
decisions, however, base ball continue to
be played on Sunday, both In Michigan and
In Nebraska,
In Missouri the situation is somewhat
different. There the existing atatute Is
held not to apply to base ball. The man
ner In which this result was reached Is
interesting. In the early case of State
versu Williams, 36 Mo. App., 641. It was
held that the gams of base ball 1 In
cluded in the word "or game of any
kind" in a statute providing as follows:
"Every person who shall be convicted of
horse racing, cock fighting or playing at
cards or games oC any kind on the first
day of the week, commonly called Sunday,
hall be deemed guilty of a misdemeanor,"
etc. The court said: "The statute was not
aiming to prevent the doing of things Im
moral per se, or the tendency of which Is
Immoral, as the Inhibition Is not against
gambling or betting on the games, but
merejy against doing the act on that day,
though it be not Immoral or tending to
Immorality. The object of the lawmakers
being thu apparent, and the language used
to cover that object o apt, would It not
b Inexcusable technical refinement for the
court to say that the general words 'or
games of any kind' did not Include the
game of baae ballT
la XaUwnal Pastime.
"That game Is ssld to have become na
tional, and it la well known that In some
sections of the country and of this state It
attracts vast crowds of people, rivaling lp
numbers those which assembled in the am
phitheaters of Rome or gathered to wit
ness the Olympian games of Greece. It is
going farther than we feel at liberty to
venture to say that the legislature did not
intend to include such a game in the terms
of the. statute under consideration." This
case, however, was Impliedly overruled In
Bt. Louis Agricultural, etc., Assoc. vs. Del
ano, 108 Mo., 217, wherein the court, con-
""" in aiaiuiu, neia tnat.it did
not Include athletic games and sports, say
ing: "These prohibitions are evidently lev
eled against sports and games that have a
demoralising tendency, and do not extend
to mere athletic sports." The court further
argued that the words "or games of any
kind" fell under the rule which prescribes
that where general words follow particular
ones they are to be construed aa applicable
to things or persons of a like nature.
, "In ex. p. Neet. 157 Mo., 527. the question
came squarely before the supreme court
whether the game of base ball was In
cluded within the prohibition of the statute.
Regarding the statute the court remarked
that it had been on the statute books of
Missouri in exactly the same worda sine
1K35, and that playing a game of base ball
on Sunday (or on any other day) could not
have been in th minds of the law-makers
when this provision of law was first en.
acted, for th very simple reason that such
a gams was wholly unknown at that time.
The court affirmed the principle laid down
In Bt Louis Agricultural Association versus
Delano, and disapproved State vs. William.
It then proceeded: 'Base ball doe not be
long to the same class, kind, species or
genus as horse racing, cock fighting or card
playing. It is to America what cricket is
to England. It la a sport of athletic exer
else and Is commonly called a game, but It
Is not a gambling game nor productive of
Immorality.
"In a qualified sense It Is affected by
chance, but It Is primarily and properly a
gams of aclence, of physical skill, of trained
endurance and of natural adaptability to
athlstlo skill. It Is a game of uhancs only
to the extent that chance or luck may enter
Into anything man may do. But when
chance or luck Is pitted against skill and
science It Is aa fair an Illustration of what
will result aa any test that could be ap
plied. If the view of the Williams case
had been adapted this statute would have
boen elastic enough to cover every game
that ever was or ever will be Invented,
BO matter whether It was harmless, pro
motive of physical or mental development,
r deleterious to both. It would prevent
game of chess, backgammon. Jacks, auth
ors, proverbs, faro, keno and poker alike,
' and when played on Sunday any one would
Kidney and Heart Troubles. f
A very oromlnent Phlcavn nhvil.
i clan baa authorised the publication
v wi iTci-rijiun ne is using w mi
most marvelous success in all case
of kidney and heart troubles. Here it
Is cut this out and give ft to sum
friend who is afflicted:
Ons half ounce Vluld Extract Co.n
Silk. One-half ounce Fluid Kxtr t
feavh Leaves. One ounce i'oncrn
trated Lecto Compound (distributed
by Vouug Drug Co., Newark. N. J.)
Two ounces Syrup of Oingur.
Mix and shake well take one tea
spoutiful before each meal and at bed
time. Thla haa cured hundred of
cases where all otlier remedies have
failed to relieve.
Th ingredients can readily be sup-
riled by any first-class drug store,
f they do not keep ail the Ingredi
ents la sluts they can easily secure
luein from the wholeaale houses.
have been a Illegal a any other. Such
construction would have curtailed many of
the pleasures of many of our people with
out elevating them or Improving their
moral tone. Until the lawmaker expreenly
provide for such sweeping change In the
lives and customs and habits of our peo
ple It Is not proper for the court by con
struction to impair their natural rights to
enjoy those sports or amusements that are
neither mala In se nor mala prohibits
neither Immoral nor hurtful to body or
soul. We, therefore, conclude that there Is
no law In this state which prevents playing
a game of base ball on Sunday.'
Coaasnon la llllavls.
"In Illinois, apparently, the only statutes
bearing upon the question are paragraphs
438 and 42J of the criminal code, which pro
vide a fine for any one who shall disturb
the peace of society or of a private family
by engaging In any amusement or diversion
on Sunday. Evidently it has never oc
curred to any one in Illinois that Sunday
tase ball games disturb the peace of so
ciety, for the practice la common there,
and an Inspection of the state reports fall
to show any decision In which the question
has been passed upon.
"In New Tork tha law Is probably In a
more confused and perplexing state than
In any other Jurisdiction. Section I6G of
the penal code prohibits 'all shooting,
hunting, fishing, playing, horse racing,
gaming or other publlo sports, exercises,
pastimes or shows upon the first day of
the week, and all noise disturbing thu
peace of the day.' The first case con
struing this statute in reference to base ball
was People against Dennln, So Hun., IZ1,
decided in 1885. It wag therein held that
three men who were playing ball on private
grounds, without making any noise, were
not guilty of violation of the statute. The
court considered section 268, together with
section 9 and 362, relating to Sunday od
servance, and said: 'From the three sec
tion it is manifest that the thing done
must be a serious Interruption of the re
pose of the community on Sunday. The
thing prohibited must be to a greater or
lesser extent public'
This decision was criticised In People
vs. Moses, 140, N. T., 214. wherein it was
aid that the Dennln case was not cor
rectly decided. Tha court said: "That play
ing ball by several persons In a place open
to view of ths people who may be in the
vicinity, or who may pass by. Is condemned
by the principle which lie at the bottom
of the Sunday laws, and Is an act of play
ing within the meaning of the statute, can
not be doubted.' It Is to be observed, how
ever, that the question of base ball playing
on Sunday was In issue in the Moses case.
In matter of Rupp, 33 N. Y. App. Dlv., 4fiS,
decided In 1896. It was held (citing People
v. Moses) that ball playing on Sunday
la a misdemeanor and that an arrest there
for may be made without warrant.
Police Abovo Law.
In People ex rel, Bedell vs. Mott, 8S
Misc. (N. T.), in, decided In 1902, Judge
Gaynor followed People vs. Dennln, de
claring that It was not overruled by People
vs. Moses, and held ball playing on Sunday
was not a crime when It did not amount to
an Interruption of the repose and religious
liberty of the community. In 1894 the ques
tion again came before Judge Gaynor, at
supreme court chambers, in the case of
People ex rel, Poole vs. Hesterberg, 41
Misc., 610. The case was a habeas corpus
proceeding to test the legality of certain
arrests for playing ball on Sunday. The
learned Justice adhered to his decision in
ths Bedell case and handed down an opin
ion which is so remarkable In many partic
ulars that we feel Justified In quoting from
it at some length. He said: 'No complaint
was made In the present case by any cltl
sen that the repose and religious liberty of
the community or himself were interrupted.
The arrests were voluntarily made by the
police and the information Is sworn to by
a captain of police only. He does not air
lege that the repose and religious liberty
of the community were Interrupted. Hi
action seems to be In defiance of the de-
lsions of our courts. He sets himself
above the lew, a thing grown very common
with the police In this city of late years
and of which there seems no sign of abate
ment by those who control. the police. Mr I
and women are being arrested dally on
charges which the courts have decided over
and over again do not constitute any crim
inal offense. It cannot be too often said
to those who rule the police that our gov
ernment, like all free governments, is a
government of laws and not of men.
Those who turn it Into one of .men and
not of laws are more dangerous to society
than any other class of lawbreakers, .or
all other lawbreakera combined. They
would destroy our system of government
and substitute one of arbitrary power and
unlawful force. Ten years ago the police
of the city of Brooklyn took it upon them
selves to chase, club and look up all boys
and men found playing ball on Sunday In
the outsklrta and remote place of the
city, while many shows and places of evil
resort were open, and tralnloads of people
were being carried by to them; but on the
protest of cltlxena they were stopped in
their course by a police commlsaloner who
came to understand the limitations of his
powers and duty, and of those unAr him,
under a free government such as ours.
Since then ball playing and golf playing
on Sunday have been unmolested here. It
would seem that we are now on the eve
of another similar movement by the police.
for such movements come periodically, and
for no reason whatever other than mere
offlclousness.
Police Meddle
"There are many minor offenses which
should be left for redress to the coming
forward of private accusers before the
magistrates or other authorities, aa our
laws and the procedure of our courts con
template. The accusatory method of en
forcing the criminal laws I open to every
clttxen. The community can take care of
Itself in uch matter without any police
meddling. Base ball and golf and other
Innocent and healthful games are being
played everywhere outside of the city on
Sunday without being meddled with by
constables or policemen. Such meddling is
practically unknown in this city, where, of
all places, w should have humane, sensible
and Intelligent government. The general
sentiment of the community haa to be con
sulted in respect of the enforcement of
certain laws, and alwaya has been In the
Anglo-Saxon world as well aa elsewhere
until recently In the city of New York.
It Is a maxim of tha law that you can not
indict a whole community. The Anglo
Saxon sheds statutes which grow obsolete
and obnoxious the same as a snake sheds
Its skin. He has seldom bothered to re
peal them, aa every one acquainted with
the history of laws very well knows. No
cltlsen sny longer makes a complaint un
der them, and thus they become dead
letter laws. It is not the business of the
police to revive them. They are not era
ployed and paid by the cltlsen for any
such purpose.
"a month later Justice Gaynor held In
smith? case that a public game of baae
ball, I. . a game to which the publlo la
Invited ard to which an admission fee is
charged. Is within the Inhibition of the
statu'. He said: The prohibition ia only
agaii) yuuiw giunes ana exercises, uaneiy.
Uie iu which wie pyuuc is inviiea, pe
oause the statute presumes that they Inter
rupt tha repose of the community.' people
vs. Poole, 44 Mtac (N. Y ), lit.
"In Dunham vs. Blnghamton, etc., Aaso.,
44 Misc. (N. Y ). 112. Justice Forbes, at
ringhantton, refused to dissolve sn Injunc
tion secured by property owners against
the playing of ball on Sunday oa certain
premises, declining, however,, to pas upon
the merits of the question.
A Coatradletlea.
"This, then. Is the situation in New York
state: We have sn obiter dictum by the
court of appeals that Sunday base ball Is
Illegal, but we hay a positive declaration
by the supreme court, not yet overruled,
that Sundsy base ball is not Illegal except
when an admission fee la charged to wit
ness the game, or when the public peace Is
unduly disturbed. This contrariety of views
I largely responsible for the fact that base
ball Is played on Sunday in some parts of
the state and not In other. The magis
trate before whom the cases of alleged
violation of the law come for decision are
at liberty, to adopt either view, or to de
clare, a haa been done In soma cases, that
the question Is too unsettled to warrant
them In rendering any decision whstever.
it may be said that If tha Missouri argu
ment as to legislative Intent haa any fore
It is fully applicable to New York state.
As far back as the New York Revised
Statutes of 1828 we find tha following pro
hibition: 'There shall be no shooting, hunt
ing, fishing, sporting, playing, horse rac
ing, gaming, frequenting of tipping houses
or any unlawful exercises or pastimes on
the first day of th week, called Sunday.'
Base ball was then not known, but when
the penal coda was enacted in 1881 profes
sional baae ball had been played for sev
eral years. Ths legislature, however,
merely reworded the section, without any
change evidencing an Intention specifically
to Include base ball.
"In closing. It may be well to add a word
as to the validity of Sunday base ball leg
islation. Statutes which expressly pro
hibit the game, or which so result by Judi
cial decision, have been uniformly upheld
against constitutional objections. (Se
State vs. Hogrlever, 162 Ind., 662; State va
O'Rourke, 63 Neb., 614; State vs. Powell,
68 Ohio St., S24). If it Is a valid exercise
of legislative power to prohibit the playing
of base ball on Sunday, It Is, of course, per
fectly possible for legislatures to permit
the sport with well-defined limitation and
restrictions."
Central City Defeats Lincoln.
CENTRAL CITY. Neb., Jan. 4. -(Special
Telegram.) The Central City Young Men's
Christian association basket ball league
team defeated the Lincoln Young Men's
Christian association team by a score of
IS to 15. It was a close and exciting game.
Sporting; Gossip.
Lee Qulllln goes back to ths minors.
Omaha Is to be well represented at the
A. B. C.
The bowler wnl have to be given a
front seat for the next few weeks, as many
large tournaments are scheduled for that
time. ,
The St. Louis foot balllsts were good In
dians on their own gridiron, but when they
got out In the wild and woolly they must
have been seised with stage fright.
For years teams hava been going from
this section of th country to Butte and
other points to play foot ball snd have
almost Invariably been beaten. Tha air,
nlcht wnhr?
The Ice man has not begun to Interfere
with the iceboaters at Cut Off lake and
they have the entire sheet to themselves.
The wind gets a better sweep out in the
middle where the Ice men generally work.
' T. S. Andrews, sporting editor or th
Evening Wisconsin, has brought his 1901
sporting annual record book up to data,
containing records of all noted fighters,
trotting, pacing, running, bowling track,
athletica. bane ball and automoblllng. Many
fine Illustrations of the World's prominent
fighters are printed, as are the up-to-date
records.
Cnmlskey announced the release of Lee
Qulllln to the Milwaukee team of the Amer
ican association and ths trade of Catcher
Eddie McKarland to Boston for Catcher
Shaw. Waivers were aaked on McParland
some time ago, but the Boston club
wouldn't waive, so the trade was made.
Shaw formerly was with the Loulsvlllj
team and In the American association was
considered a very promising catcher.
BOYS ALL BUT LOST IN RACE
Score at End f Heron Half Steads
Twenty 4a Six in Favor
f Gtrla.
Score Girls, 20; Boys, 6.
The situation in the vital statistics de
partment of the city health office which
has been critical since the advent of the
new year was not improved by tho birth
returns received In the twenty-four hours
ending at noon Saturday.
Tho immense preponderenca of births of
girls which became evident with th first
hour of the new year was kept np and in
stead of matter being made better they
were mad worse; Instead of tha usual
proportion being registered It was made
still mora grotesque.
During the twenty-four hour ending at
noon Saturday six- girls were born and
only three boys.
"If wa had Italics type we should cer
tainly use it for the above paragraph,"
said the editor.
Those who have kept posted on the
strangely erratlo course of tha birth In
Omaha since ths beginning of tha year
win agree that the use of that alarming
type would be warranted, quits as much
warranted as putting - In italic such a
sentence in sn exciting story as "He found
that his head had been cut off and ha still
lived;" or "I waa clinging with ons finger
to a frail rope a thousand feet above
tha atreet."
Colonel John Barker, keeper of vital
statistics, haa a decidedly worried look on
his usually placid countenance. A each
mall came in hi hand trembled percep
tibly as he picked up the postal cards en
which reports of births are written. Some
said a groan escaped hi lips as his eye
fell again on th fatal word, "girl." Hs
felt the good name of his office wa
threatened.
The record from tha beginning of the
year to Friday noon ghowed fourteen girls
and three boys born In Omaha. Colonel
Barker, In spite of this fearful propor
tion or rather mlsproportlon, was still
hopeful at that time. In an interview ha
expressed optimistic sentiments, said he
looked for an early readjustment of th
proportion, and remarked, gallantly, that
even at tha worst, the world could not
fall to be made better by tha birth of so
large a proportion of girl who would
grow Into lovely women instead of be
coming grouchy men.
But ths following twenty-four hours
yielded six more girls and only three boys.
End second half 20 to 6.
That is why Colonel Barker looks wor
ried; that is why he has little to aay, and
that la why his hand trembles when hs
picks up ths postal cards containing re
ports of births.
SUICIDE PACT IN CHICAGO
Mrs. Hsky PUhsak, Formerly of
Browasvlllet Neb., all Charles G.
Brok.ett Foaasl DylagT.
CHICAGO, Jan. 4. Charles G. Brockett,
88 years old. employed as a floorwalker
in a Stat street store, and Mrs. Ruby
Plahsak. wife of a state bank examiner,
were found unconscious from bullet
wounds, in Grant park, in front of the
Auditorium Annex last night.
Notes found in Brockett' clothing showed
that tis shooting was la pursuance of a
sulctds pact. Brockett died a few minute
after being taken to a hospital. Mrs.
Plshsak waa shot above th heart and i
in a critical condition.
At Mra Ptshsak' room th police found
a note addreased to her father, John Fur
nas, Brownvllle, Neb. Brockett came to
Chicago from Ban Francisco a few months
go. Hs ha a brother in that city, and
a alster, Mra Dowltt O'ConnslL in Daven
port, la.
EVENTS ON RUNNING TRACKS
Jockey Dare Nicol Ride Three
Winnen at New Orleans.
MUDDY COURSE AT OAKLAND
ralldlal, 8 to 1, Oatgame Favorite
ia First Rare and Wins la
Driving Finish- Revolts
at Los Ana-elee.
NEW ORLEANS, La., Jan. 4-The rid
ing of Jockey Dave NIcol was the feature
of today's races at City park, he piloting
the first three winners of tho day. Hy
perion II., at I to a, won the third race In
a hard drive through the clever riding of
Jockey NIcol, Apache at I to 6 won hla
fifth consecutive race today over the fa
vorite, Alsatian. Weather clear; track fast.
Summary:
First race, six furlongs, selling: Meadow
Breese (111 NIcol, 8 to 6) won, Tlvollnl (lflfi,
McDanlel, 12 to 1) second. Belle Stmme nat,
J. Sumter, to 6) third. Time: 1:144. Air
ship, Rappahannock, Judge Treen, Vlperlne,
Sheen, Heart of Hyacinth, LaFayette, Tres
Joll, Debar also ran.
Second race, five an4) a half furlongs:
Rick III. OH, NIcol. 11 to 10) won. Donalrto
(106. McDanlel, 3 to 1) seoond. Fashion (105,
Lee, 15 to 1) third. Time: 1H- Ban
Ridge, Bitter Man. Silvia G.. Helen Hol
land, Caar, Busy Boy, Knlghthead, Major
Mack, Maria, My Love and Art also ran.
Third race, five furlongs: Hyperion II.
(Ill, NIcol. S to 2) won, Toy Boy (102. Pow
ers. 6 to 1) second. Arch Oldham (113,
Molesworth, M to 1) third. Time: 0:hv.
Handaarra, Momentum, The Bear, Art
ful Dodrer, Lucy Young, Belmore, Jerry
Sharp, Ethylene ran.
Fourth race, six furlongs, handicap: Ja
cobite (132, McDanlel, 4 to 6) won, Come
dienne (112, Raynor, 8 to 1) second, Cooney
K. (10H, Powers, 2 to 1) third. Time: 1:13.
Platoon, Keator and Refined also ran.
Fifth race, six furlongs, selling: Apache
(108, to 6) won, Bitter Sir (KB, Powers, 15
to 1, second, Alsatian (105, McDanlel, 6 to 6)
third. Time: 1:16. Hans. Ketehemlk, Sil
ver Ball. The Thorn, Moscow Belle, Rhine
stone and Anonla also ran.
Sixth race, one mile and a sixteenth, sell
ing: Adesso (106, Lloyd, 4 to 1) won, Reho
(106, Lee, 8 to 1) second, Gold Way (10.
Keorner, 6 to 1) third. Time: l:48Mi. Louise
MacFarlan, Cull, Just So, No Trumper,
Charles Thompson, Csnnplan, Jungle Imp,
Conde, Matabon and Tribes Hill also ran.
Heavy Track at Oakland.
OAKLAND, Cat, Jan. 4. The track was
heavy at Oakland today and the weather
cloudy. In the opening race Ontario Ore
gon took the lead and led Into the stretch,
when he fell back, beaten. Paldlnl came
on and in a hard drive outgained the
favorite. Miter. Scamper got the stow.
Tho talent were again wrong when they
selected Seven Full to win the second
race. She was outgamed in the stretch
by Ray Bennett. In the fourth event
Marian Casey and Adena fought it out,
but the favorite proved the gamiest Re
sults: First race, five furlongs: Palliil.il (101,
Hayes. 8 to 1), won; Miter (104, Mlllrr,
11 to 1), second; Scamper (102), Davis,
16 to 1), third. Time: 1:08 li. Mai-,
Ontario Oregon, Amiga, Trlnta, Radium
Dance, Grace Van 8., Mrs. F. Newburgh
and Joe Kllday finished as named.
Second rare, five furlongs: Ray Ben
nett (100, Lynch, 10 to 1), won; Seven
Full (108, Davis. 7 to 10), second; Oal
vestonlan (108, Keogh, 9 to 2), third.
Time: 1:02. May Pink. Remember, St.
Orloff and Peerless Lass finished as
named.
Third race, one mile and three fur
longs, selling: Rotroue (104, Klrschbaum,
I to 1), won; Isabelita (08. Rice, IS to 6),
oecond; Tetanus (102, McClaln, 16 to 5),
third. Time: 2:31. Wimple, Rosal and
Bosely finished as named.
Fourth race. six furlongs: Marian
Casey (109, Miller, 7 to 6), won; Adena
(96. Klrsohbaum. 13 to 2). second; Heather
Scott (104. Hayes. 8 to 1), third. Time:
1:17. Reene W.,- Follie L. and Sand
Piper finished as named.
Fifth race, one mile and seventy yards,
selling: Dorado (113. Miller. 7 to 10),
won; Ramus (114, Lynch, 7 to 1). second;
Fury (108, Mentry, 12 to 1). third. Timer
1:62. Colonel Warwick. Arcourt. Mld
mont Alta Spa Santa Ray. Pasodella and
Huir.ah finished as named.
Sixth race, futurity course, purse: Rllly
Pullman (10S, Moreland, 6 to 2). won;
Castile C05, Gilbert, 7 to 1), second;
Darelngton (110, Mclntvre. i to 1. third.
Time: 1:14. Abbev, Jockey Mounee,
Hlggun, St. Modan and Compound Inter
est finished as named.
Fast Tlsao at l.os Ansrelea.
LOS ANGELES, Jan. 4,-Usaro, held at
4 to 1 in the betting, wot tho fourth race
at seven furlongs from Waterbury by a
neck after a driving finish In the fast time
of 1:26. The race was between the two
horses, the favorite. Sugar Maid, finishing
four lengths behind Waterbury. In the
sec mid race Lee Harrison II. tha 9 to 6
favorite, after holding the lead to the
stretch, waa beaten out and finished a
poor fourth. Wisteria, at to 1, ran sixth
to the stretch, where he came through like
a flash and won by a length. Results:
First race, five and a half furlongs:
Hereafter (108, Preston, ( to 6) won, Halton
(96. F. Martin. 6 to 6) second. Progress
(110, Horner, 8 to 1) third. Time: 16.
Bcarfell, Creston Boy, Nuns Veiling, Rust
ling Silk, Nonie Lucillo, Gonxales, Con
fessor snd Governor Orman also ran. 1
Second raoe, alx furlongs: Wisteria 005,
Dugan, 6 to li) won, Green Goods (92, A.
Shenden, t to 1) seoond. Mansard (111,
Radtke, 6 to 1) third. Time: 1:U. Lee
Harrison II, Jake Ward, Catherine P.,
Baboo, Kuropatkin, Bushwhacker, Inter
lude and China Lily also ran.
Third race, one mile: El Cxarior (110,
Harty, 7 to 2) won, Dazxle (107, Schilling,
6 to 2) second, Rublnson 007, Preston, 18
to 6) third. Time: 1:30. Matador. Silver
Skin, Freealaa, Myrtle H.. Prince of
Orange, Sir Russell, Prestolus and Audu
bon also ran.
Fourth race, seven furlongs: Llssro (115,
Schilling. 4 to 1) won, Waterbury (112,
Rum. 11 to 6) second. Sweat Maid (110,
Buxton, 6 to 6) third. Time: 1:2b. Edu
ardo and Old Settler also ran.
Fifth race, alx furlongs: F. E. Shaw
007. Martin. I to 6) won, MIntia (115. Ross.
5 to 1) second, Norfolk (112, Sr hilling, 6
to 1) third. Time: 1:124. Money Muss,
Juliette, Sink Spring, Astoria Belle and
Durbar also ran.
Sixth race, aeven furlongs: Blondy G0f,
Preston, 6 to 6) won. Pepper and Salt (104,
Schilling, 4 to lj second, Don Hart (U,
Morlarlty, 16 to 1 third. Time: l:2rtt
Ban lad a. Bellmence, Korlsolanyl, Llsbla,
Master Lester, Lucky Lad, Black Lock,
Dulclnea and Bon Vlvant also ran.
WITH THE BOWLERS.
The Indians won three straight games
from the Stors Blues at the Association
alleys last night. Ths second game finished
In a tie, but the extra frame gave It to the
Indiana. The hlirh individual total and
single game went to the brewers, with i
and 248. Next week the league gamea will
be postponed to make way for the city
tourneanent. Score:
INDIANS.
tot. M. Id. Total.
French 1S6 g 17 X0
Johnson 't 161 tut 671
Hartley- li l4 im
Baagele 2 1 ISO BV4
Zimmerman U 177 13
Totals
1,006 m
STORZ BLUES.
121 2.8W7
Id. Total.
164 497
1 6M
1 64
i 4;a
1J2 U7
1st. td
Frttscher
Stors
Moore ...
Franc lac
Cosliran ..
Totals
1S5
f4
...I J7
149
lo
193
17
141
1T9
...fcM tel 112 1.M7
The Brodegaard CTowna won all theue
gamea from the Cola-McKennas en the
Metropolitan alleys last night although
they Just scratched out th first by two
pins. Thomaa of tho Cola-McKt-niuta took
all honors with a high siriKle game of
sad totals of 6K4. While Captain Voas did
net have Say high scores his games ware
what you can call consistent bowling.
Score:
let. Kd. J. Tolals
Fatrarberg .., 1-9 i'tt VjO 7
Voas li IK li 677
Strawbridgs 117 U2 1:9 SaH
Una 172 1 179 ffi
fcuab 17 m M
Ttla 77 816 801 J. 4X3
eOa.aVMcKE.VNAS.
1st. 2d. Sd Totsls
Trsynor 117 144 148 4o3
Smith 149 132 1;J 4.(4
Pollock '66 13 139 467
Caughlan la 1&4 h.-' 41
Thoniaa 199 ln Zli Ui
Totala 7 7i2 - 8!8 ijti
The Chicago Liuuor Uuuoa Uaul is uxU'
climbing to the top of the ladder in the
Metropolitan league race. They took
three games from the Bungalows last
night with much ease. Charley Gernandt
took most of the honors for his tetm with
217 for single game and M for grsnd
total. Kaine wn high man for th
Bungalows with 64 tntnl. The Ortman's
Stars and the KYI Ipse will bowl Sunday.
Score:
BUNGALOW C1TT.
Remlnaion , ' 133 1 87 KS
F.imonds 14 l.Vi 150 444
Kalnes l&l 170 171 604
Totala 459 415 418 1.278
CHICAGO LIQUOR HOUSE.
Borghoff 12S 14! 11 426
Adams " 174 1J0 lt 4:n
Gernandt 174 176 U7 5H6
Totals
.470
437 614 1.421
OMAHA BOWLERS TO COMPETE
(Continued from Page One.)
through their series they will be fed, which
will also Include moisture.
Hotels are all In an agreement not to
raise prices, and there will be ample room
for all. Rate are low In Cincinnati at all
times, and this will mako the trip a cheap
one for visitors. All contestanta will be
met at the trains and escorted to their
hotels. Additional arrangements will pro
vide for a beefsteak dinner to visiting dale
gates, alternates and officers on February
14, while the day following a banquet will
be served at the Slnton hotel to tho same
men.
Entries Already Coming- In.
Entries have started to flow in already,
although the list does not close until Jan
uary 23. The first man down with . his
money was E. A. Johnson of the Deso
toes, St. Louis, who entered the Desoto
five-men team four doubles and seven sin
gles. The first five-men team to enter
from Cincinnati was the North Cincinnati
Tumvereln. Gerry Herrmann' Influence
on the ball player! will be felt by the en
try of four of the leading clubs of the
American and National Base Ball leagues,
while the minors will be there even
stronger.
Promises of teams from Philadelphia,
New York, Brooklyn, Buffalo, Boston, Cal
ifornia and South Dakota are already ful
filled with Denver sending two fives. Cin
cinnati will 'enter seventy-five clubs, while
Indianapolis has asked for an entire night
for sixteen clubs it will send from Budden
baum's bailiwick. Chicago Is expected to
send nearly half of tha H8 clubs which
shot in Its city tournament, now Just about
closing, and the original guess Of 400 clubs
does not look like a wild one now.
Eighteen alleys will bo built, of which
sixteen will be used for the tournament
proper, with the two central ones reserved
for special matches, chief among which
will be the contest between the winners of
all three events In each of tho American
Bowling, National Bowling, the Canadian
and AVeslern congresses. Contestants In
this event will have all railroad and travel
ing expenses paid to and from Cincinnati
by the Cincinnati Bowling association, so
there is no question they will be there.
Prizes in this will be $500 In the fives, 1200
In the doubles and 8100 In the singles.
Some Special Prtsea.
Special prizes to be awarded the bowlers
will be 15 to the high man on every five
men team, which will be paid as soon as
the team finishes. Garry Herrmann has
personally donated $500, which Win be dealt
out for the high and second scores in the
five snd two-men contests, while the high
scores In the singles will also be rewarded.
Women bowlers will have a special tour
nament run for them, for which no en
trance fee will be charged. First prize In
the fives will be $100 with valuable mer
chandise prizes in the other events. Trolley
rides, banquets and other entertainment
features have also been arranged for the
visiting women.
Abe Langtry, secretary of the American
Bowling congress, who will have charge of
the meet, will be In Cincinnati on January
8, and will handle things from then on.
Entries are now being received, however,
right now by him In room 8, Wiggins
block, Cincinnati. Checks should be made
out to "The Cincinnati Bowling Associa
tion, trustee."
Preparations at Cincinnati.
CINCINNATI, O., Jan. 4. Garry Her
mann and the Cincinnati tournament com
mittee are rapidly getting things in shape
for tha eighth annual bowling tournament
of the American Bowling congress, to be
held In Cincinnati, beginning on February
8. The tournament promises to surpass all
former efforts In the management and en
tertainment of the thousands who annually
attend this affair. The prize money will be
greater than ever, and It will be the most
representative tournament ever held, as
every section of the country will be repre
sented by its strongest ten-pin men, all
throwing for gold and glory.
The tourney will be rolled on sixteen of
the eighteen alleys now being constructed
In the armory in Freeman avenue, op
posite Everett street. This is ons of the
most magnificent buildings of Its kind in
the central states, and fireproof in every
respect. In it will be arranged rooms for
the officers and executive commltee of
the American Bowling congress, committee
rooms for all committees, check and toilet
rooms and two large reception rooms for
women. The Interior decorations of the
hall, both illuminative and festive, will be
on the grandest scale ever attcmped in
Cincinnati.
In addition to the tourney an international .
championship series between this year'
winning five and two-men teams as the
individual champions of the American,
National, Canadian and Western competi
tors will be held February 12 to 15. These
games will be rolled on the two center al
leys. Gold medals will be awarded the
winners.
The business sessions of the meeting will
be held as follows: Wednesday, February
12, meeting of executive committee; Thurs
day, February 13, meeting of executlvs
committee; Friday, Fcbrusry 14, session of
congress, general business; Ssturday,
February 15, election of officers and selec
tion of city for next convention.
Entries close on January 28. The secre
tary of the tourney will be Abe L. Langtry
of Milwaukee, who handled the Milwaukee
American Bowling club tourney two years
ago.
The Cincinnati tourney will b followed
by the Canadian championship, to be held
at Toronto the week after the Cincinnati
tourney enda. The second national associa
tion events will be held at Rochester
starting on March 2.
Barns and Dwjer.
Next Thursday night at the Auditorium
Prof. M. J. Dwyer of Denver, who gave
Farmer Burns such a hard and sensa
tional tussle last month, will undertake
to vanquish the "grand old war horse" of
the padded mat.
The match which these two top-notch
wrestlers will put on Thursday night will
be what is known as a mixed match.
Burna ia at his best In the catch-as-catch-can
style, while Dwyer Is an acknowledged
champion In the Cornish atyle. They will
wrestle one bout In each of the two
styles and the one winning In the ahorteat
time will have the right to name the style
of the third bout. Reserved seats will go
on sale Thuraday morning at the Audi
torium. It Is hoped that the ladles of
Omaha will not hesitate to attend this
wrestling match along with their husbands
or gentlemen frlrnds, aa it will be thor
oughly high class, scientific and In all re
spects an entertainment which sny lady or
gentlenwn who loves sthletic sports need
not hesitate to attend.
AFFAIRS AT SOUTH OMAHA
Police Department Preparing Yearly
Report to Commission.
SHOWING MADE IS A GOOD ONE
O. If. Knyder, a Bartender, Fownd Dead
In III Room Had Been 111 with
Cold and Death Wa Dne to
Natnral Can.
Tho police department Is preparing the
annual report which la to be presented at
the next regular meeting of the Board of
Fire and Police commissioners. In many
features tha work Is Interesting. It shows
that tho department haa made a good
record. During the entire year only twenty
five men were bound over to the district
court. Of those only one wa charged with
rrturder in the flrt degree. Thl waa Ed
Smith, who shot Bob Singleton and lately
received a life sentence, glad to save his
neck, begging hi lawyer not to ask for
a new trial.
John O'Connor wa bound over for man
slaughter. He ahot and killed Bernard
Carahar with a shotgun. He Is still at
liberty,- as there wss no one apparently
to press the case to a trial. Charles Price
was bound over August 9 for wounding
Fred Pepple while attempting to commit
a robbery. Pepple took the gun away and
shot Price through the face. Ira Pace
was bound over for robbing the Miller
restaurant September 20. Amos E. Alden
snd Maynard Alden were charged with
robbing Ed Gates and were bound over
October 1.
O. II. Snyaer Foond Dead In Red.
O. II. Snyder, a man SO yeara old, was
found dead In his bed at tho residence
of Mrs. L. P. Clouse, 627 North Twenty
fourth street, yesterday evening. Snyder
boarded at the residence and had been a
bartender for Otto Maurer for several years,
Ha worked until a week ago, when he laid
off a few days with a slight cold. He
went to bed early Thursday night and did
not get up all day. Tho family thought
little of It, for It wa not very unusual.
Mrs. Clouse was sick in the afternoon and
sent for Dr. John 4voutsky. After the
doctor arrived tho family took notice of
the fact that Snyder was still In bed, and
thinking he might be sick tried to rouse
him. The door was fastened and they
looked In over tho transom, where they
saw him in an unnatural position on the
bed. The door was forced and ho was
found dead. Ha had been dead appar
ently for several hours. No evidence of
any other then a natural death were dis
covered. The body was taken in charge
by G. H. Brewer. Snyder has no relatives
In this city. The funeral has not yet been
arranged. He haa been a resident here
for eighteen yeara.
Sunday Scrvlee.
Dr. R. Ia Wheeler will preach from the
Christian Endeavor motto, "Let This Mind
be in You, Which Was in Christ Also,"
Sunday morning. The evening theme Is
evangelical. The week will be tho week
of prayer, with meetings every night. The
Christian Endeavor society will hold an
Installation service.
"A Work for the New Year" Is Rev.
Andrew Renwick's morning topic. "New
Year" Resolutions" will be his evening
theme. Rev. Mr. Renwlck and wife cele
brated their silver wedding Thursday
evening
Rev. Karl Hiller will preach from th
text, "It Is Written," Sunday morning.
"Faith Under Distressing Circumstances'
will be the evening theme.
"A Motto and a Message for tho New
Year" will be tho subject of Rev. George
VsnWlnkle's address at the Baptist church.
In the evening the pulpit Is to be filled by
Rev. Parker Smith of Wayne, Neb.
The regular services will be held In the
Methodist and the Lutheran churches.
Rev. F. P. Day of Downs, Kan., will oc
cupy the pulpit at the Christian church.
He Is to accept the call from this organiza
tion. The congregation expects to erect a
church at Twenty-third and I streets.
Masjlo City Gossip.
Miss Katherlne McCauley entertained
Wednesday evening.
Miss Margaret McOovern and Miss Ryan
recently returned from a visit in, Iowa.
Mr, and Mrs. Gus Anderson, 713 North
Twenty-third, report the birth of a daugh
ter. Miss Mabel Trapp has resigned her posi
tion aa assistant in the building lnspeotor's
office.
The Omaha Packing company paid Its
municipal tax recently, amounting to
$7,417.01.
James Colvln's condition Is slightly im
proved. He has had several sinking spells
since Christmas.
Miss Florence Campbell has gone on a
visit of a month's duration at Newman
Grove and Tllden, Neb.
W. J. LeDloyt of Lincoln, a former resi
dent of South Omaha, was In tha city yes
terday calling on old -friends.
Butchers' local No. 33 will give a ball at
Barton's hall. Twentieth and Q atresia to
night. Prises are offered for the best
costumes.
William Hines, who hss been the guest
of the city clerk, J. J. Gillln, for a week
or two, has returned to his home at Mo
lina. 111.
The city council held no session last
night, owing to the sbsence of H. B. Fle
harty and of his inability to report on the
Jail muddle.
The health officer reports fifty-two cases
of smallpox during the month of December.
Two cases of diphtheria snd two of scarlet
fever were reported.
H. B. Fleharty received a call from Lex
ington, Nob., with the Intelligence that
his mother waa very low and possibly
dying. He left at once.
DAHLMAN CLUB ENDORSES
Favors Joseph Ifayden and George
Rogers as National Dele.
. gates.
The Dahlman Democracy club at Its meet
ing last night endorsed Joseph Hayden for
delegate at large to the next democratic
national convention and George Rogers,
president of tbe club, for district delegate.
No endorsement was made for the Second
district delegate. The resolution endorsing
Mr. Hayden'a candidacy la as follows:
Whereas the national campaign la to bs
fought out this year, and it promises to
be one of the hardeat fought campaigns In
the hlstorv of the counlry, snd Nebraska
will furnish' the candidate for the demo
cratic party for president, It la wisdom that
the campaign Da stariea now.
In our iudgment. we must appeal to the
business interest aa well as other claasea
to Join ua In winning this fight.
Therefore, the Dahlman Democracy pre
sents the name of Joseph Hayden, one of
our large buHlness men of thla city", to tho
democrat of thl state a delegate at large
to the next democratic national convention.
And we phdge ourelve to use all honor
able means to oring bdoui nis election.
The club alao passed a resolution deplor
ing the Illness of E. E. Howell and hoping
for his speedy recovery.
TROOPS LEAVE GOLDFIELD
gevrn CoiapanleB Relnra to Posts,
Leaving 1KB Men on Gaard la
Mining, Camp,
GOLDFIELD. Nev., Jan. 4.-Sven com
panies of United Slates troop, under com
mand of Colonel Reld, left Goldfleld last
night by special trsln, bound for their re
spective California post. The troops re
maining In camp, about 135 men, have been
divided Into two full companl. . Captain
William H. Wassail and lieutenant Good
well will be in command.
CARSON, Nev., Jan. I. By ' stipulation
the Goldfield Injunction case bus been con
tinued until January l
CI
13 Urn
l . . ... " ; y
It's All Moonshine!
This talk about It boln possi
ble to ph'afo a man accuRtompd to
or desirous of or having: aa Ideal
of clothes made to stilt his person
ality, his Individuality and his
form with clothing made for any
body who looks "something like
him" and la built '"something like
hla," la Just the most aeronautical
hot alf yet Invented!
YOU KNOW THAT.
Now, what do you think of this
proposition T We are ready to
make to your measure garments
made from your own pick of the
fabrics
SHOWN IN OUR WINDOWS
at the following prices that are
not more than a finger's breadth
higher than prevailing ready-made
prices:
$.10.00 Suitings made to mwuro
in flnos t fnKhion, FOR 33.00
$4.1.00 Suiting richly tailored
to mcuRiirr, FOR $:JO.OO
$:W.0O Suitings Flawlessly fnsh.
loned to measure, FOR $23.00
$.10.00 Suitings Carefully tai
lored to measure, FOR $20.00
MacCARTHY- WILSON
TAILORING CO.
'Phone Doug. 1108. 104-80 S. 16th St
Yon Would Not Accept Couo
terfeit Money, Why Accept
Counterfeit Goods.
Good money is made by th for
eminent, in wtiicti you haye im
plicit faith and confidence. Good
goods are made by manufacturer)
who are willing to stake tnelr
reputations on the quality of tha
material offered to you through
the medium of their advertisement
in The Bee. Counterfeit goods
are not advertised. The reason
for it is, they will not bear the
cioee scrutiny to which genuine
roods are subjected. Counterfeit
money pays more profit to the
counterfeiter. Counterfeit goods
are offered to you for the same
reason.
Insist on the Genaiee
Reject the Counterfeit.
D. C. SCOTT, D.V. S.
(Successor to Dr. a l Ram arc tot U. )
AJSsTXSTAJTr STAT yTw.r.1r
Ottlce end Hospital, 8810
Call Promptly Answered at ATI Ubtn,
Tboas Office Harney 97.
&. DougU 4338.
PA ROURKE'S
ABB BAXiX, KZADQTABTSaS)
Ail. LBaDUfD BsVAJHa
-CIGARS
OX TBASB A BPEOIAIiTT
31C So. 15th Strsst,
1
HOTELS AND HESOIITS.
LEXINGTON HOTEL.
Absolutely flr.-preof. M tcbitto Bl.. vb4 Hd
t., C4Mcctx Euruiftea pUu. Moons, t)!- pr
svud upWsUtl. Ibi lxlngioa appU MpocUliy t
Iftdl an 4 Knulttia, and tbuM tMfclni a juln, fcoaM.
like hotel, my acvetwibi lo tha tbaatai and afcc-a-lug
dlairft.-t 4)00 rvuru all wttb bat aoS eold wif
aud lax Alothea ioaHar-0 routua witb aii'ata battfc
s-HsUraotlva cafva at uiwJrata price eicollaot aarv,
lea and aulaloa. For furthar parUoulara aod tafsrma
1ud writa manaevr. Owntd and oparalad by 1NT1HU
feTATB HOTEL. COMPANY. B, K Crli.7, Fi-a T.
H. Crllry. V. P. ; L. H. Tff Baey.
2k
Oil!
vT-
-r
HOTELS
Poster Of Hon . . . St. Anru.rln,
CAIAH. . , be AuruMtine
OSMOND . . Ormond-ou-the-ilaliiax
THCBS.CAKCRS . . . .ralinbaca
SOVAL oiNCIANA . . .Palm Beach
SOVAl PALM Miami
THt Colonial Nmu
(Bahama IilantUJ
MOMIlCeNCARtSJ CUBA.
Th aw nil bm aloos Florida Km, will U
U wruiua la Kawhtt Kmr. rnsai Has with
"Wf,'' m1 K.jr W. titer
r i ufurmauaa Mira totrk. hotel
il,rnn tad pu let cwi, - nlir
FLORIDA EAST COAST
ioi It, 144 rirrs
Chicago nw Vesa
OS T. AUSUSTISI, f LA.
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thy - !'