J I THE r,KE: OMAHA, THURSDAY, MAY 6, 1915. PRIZE COURT IDEA REJECTEDBY BRYAN Text of Note in Which United SUtei Refutes to Submit Frye Case to German Tribunal. IS SUBJECT FOR NEGOTIATION WASHINGTON. May 5. The text of the American note to Germany de clitilnc the auggeKllon that repara tion for the sinking of the American) Railing ship William P. Krye hy thoi converted crulaer Prtni Eltel Fried rich be made through a German prire court and reiterating the representa tion! for indemnity, was made public today by the Biate department. It already baa been presented to the lierlin foreign office In the form of a communication from Ambassador Gerard. It follows: "In reply to jronr excellency's note of the ftth Inst., which the government of the tTnlted State understands admit the liability of the Imperial Germaa gmrern mpnl for the 1ams;f-s resulting from the sinking of tbt . American ailing vessel William P. Frr by the German auaillary rrulaer Print Eitel Frledrtchr on January 28. last. I hav the honor to aay, by di rection of my government, thai while the promptness with which the Imperial Oer man government has admitted tta lia bility la highly appreciated, my govern ment feela that It would be Inappropriate In the etrctttnstancee of this) caae and would Involve unnecessary delay to adopt the suggestion In your note that the legality of the capture and destruction, the standing of the claimant and the amouat of Indemnity should be submitted to a prize court N Vlelatt.a of Treaty Clear. "Unquestionably, the destruction of thla vessel waa a violation of the obligations imposed upon the United States and Prussia and the United Mates govern ment, by virtue of Its treaty rights, has presented to the Imperial Qerrnen gov ernment a claim for Indemnity on account of the resulting damage suffered by American cltisens. The liability of tha Imperial Herman government and the standing of the claimants as American cltisens and the mount of Indemnity are ail questions which lend themselves to diplomatic ne gotiations between the two governments, and happily the question of liability has already been settled la that way. The status of the claimants and the amount of Indemnity are the only questions re maining to be settled, and It la appro priate that they should be dealt with In the same way. No teetloej as te Care. "The government of the United mates fully understands that, as stated In your excellency's note,' the German govern rm-nt la liable qnder the treaty provi sions above mentioned for the damages arising from the destruction of the cargo, well ss from the destruction of the vessel. But It will be observed that the claim under discussion does Ml inc'udo damages for the destruction of tha cargo and the question of the value 'of the i tree there la not involved In the present t.lscuMion. "The government of the United States TtcofrtfB that the German government ; wish to be satisfied as to the Ameri can ownership of the vessel and the i mount 'of the damages sustained la con feqtienoe ef Its destruction. Transfer ( Nea-latlBS. "These matters are readily ascertain '. and It the German government de- res any further evidence In subttantla I'or of the claim on these points. In ad c' Hon to that furnished by the ship's - papers, which are already In the poseee tlon of ths German government, any ad ditional evidence found necessary will be produced. In that caae, however. Inas much as any evidence which the Oerman government may wish to have pnnluced le more accessible and can more con veniently bo examined In the United Slates than elsewhere, on account of the presence there of the owners and captain t ths William P. Frye and their docuV nntary records and other possible wit nesses, the government of the United .'tales ventures to suggest the advisa bility of transferring the negotiations for ths settlement of these points to the Im perial German embassy at Washington. "la view of the admission of liability ir by reason or specific treaty stipula tions. It has become unnecessary to enter lr.to a discussion of the meaning and effect ef the Declaration of London, vhlen Is given some prominence In your excellency's note uf April . further than to say that as the German government already has been advised the government of the United States does not regard the lfclrtlon of tandon as In force." Surgcon Successfully Removes Steel Splinter from Soldier's Heart PARI. May t.-K young sergeant In the French army, from whose heart a splinter of a hand grenade was ex tracted by Hr. nesunsennt. chief of the military hospital, wss t'teeented before ths Arademy of Medicine last night hy Prof. Armensaud of Pordesux. The patient was wounded October first at Kt. Hubert, when the steel fragment of the grenade penetrated his diiphram. pericardium and cardiac mus ls, lodging within the liu'ut ventricle. The splinter remained in the centricle four and a half months before It was extracted. The operation was declared to have been unl'iue in the anna's of surgery. Con siderable difficulty was e.xperlened In removing tho piece of steel, ss It slipped from the fnrcepts several tunes. Various complications were feared, but every thing went well end the soldier is noa considered cured, as this heart acts norm-slly. GRAND DUKE SAYS GALICIA BATTLE IS STILL RAGING (Continued from Page One.t French official statements, have been ! shattered on this new line. i The news from Oalllpoll Is considered ' resssiiring. setting forth aa It does, that -the allies have made good the positions gained after the first fierce onslaughts ' upon the Turks during the landing oper ation r. Subsequent German and Turkish J attacks have been repulsed with heavy . loases to tha Ottoman forces, who grsd- ually are being pushed In a northerly direction. The German submarine campalan In the waters of the United Kingdom shows no signs of a letup. The ".Is of ruwl) sent to the bottom lengthens every day, although the victims mostly sre of small Importance. Scandinavian ship owners sre suffering more than are the British, and the newspapers of Norwsy and Sweden have been referring In sarcsstlo terms to Onrmany's "bravery In torpedo ing all the Swedish and Norwegian ships It meets." Oermaa Official Report. BEHLIN, May B.-fVIa Ixmdon.)-The statement lasued today at the army head ouartera follows: "Western Theater The British continue their retreat, with heavy losses. In the direction of the bridge head, situated sharply to the east of Yprea. The Van Houle and Rksterneet farms, the rsstls ground of Ehrenthage and the set Pap pot Je farm were taken by us. "Between Meuse and the Moselle there m again great activity In the forest of Le Petre, Northwest of Pont-A-Moussoa ' tha Wench attajkajfl aataitf muu ! strong forces. Notwithstanding, a long preparatory bombardment by artillery, their attack broke down under our fire, with heavy losses to the enemy. On the other hand, we began attacks In the forest of A Illy, and to the east thereof, which made good progress. Up to the present we have hero taken ten officer and 750 men. "Eastern Theater Attacks from Roch llnls, coming from the southeast, were repulsed. The enemy I being pursued at Kalwarya, also northeast of ftuwalkl and east of Augustowo numerous Russian ad vance have failed. Pour hundred Rus sians In all were taken prisoners. On the remainder or the front there were a few fight at close quarters, all of which were decided In our favor. "Southeastern theater: An attack by the allied troops north of the wooded Carpathian pierced through the third fortified line of tha Russians, who yes terday were defeated along the entire front, retreating toward the Wlaloka river. The magnitude of the victory may be seep from tho fact that, owing to the piercing of the allies of the enemy's lines, the Russian are beginning to evacuate threatened positions on their northern flank, la the woods .1 Car pathians, southwest of t'ukla. "The rapidity with which bur successes avo been achieved makes It Impossible to give an Idea In figure of the booty takea In this victory, Aocordlng to re port at hand, the number of prisoners taken up to the present amounts to ejver te,0u0." Preaeh Orttelal Report. PARIS. May I, The rrenoh war office thi afternoon gave out a atatement en tho progress ef hostilities, reading: "To the north of Tpreo, the Germans yesterday evening delivered aa attack against the left sector of the British front They were repulsed and taken In tho flank by the French artillery and they suffered asiioua losses. "Nothing ha been reported from the remainder of the front." Sebastian Heads Mayoralty Slate 1 in Los Angeles LOH ANGE1.KP. Cel., May Charles E. Hehaetlan, suspended chief of police, chosen hy tho people of the city to head the mayoralty ticket st the general elec tion next month, apparently will be op posed for office hy Fredrick Whlffon, president of the city council. Early re turns today gave'Whlffen a slight lead over Robert M. Allen for second, place on the ticket. Both Whiffen and Allen were beaten by a two to one vote. The fact that six csndldates shared the mayoralty vote was assigned as the sole reason the po lice official had failed to poll a majority of the votes and thereby achieve election In the primary yesterday. With the mayoralty results practically assured, attention turned today to the vote cast for the many s spirants for other city offices. Frederick C. Wheeler, socisllst mem ber of Ihe city council, appeared, on in complete returns to have received the largest vots cast for council nominations. Among other who seemed to have quali fied were Mrs. Kstelle Lawson IJndsey and Mrs. Clara Foltt, who waa the first woman admitted to the bar la California. British Poet Warns People That Defeat is Not Improbable LONDON. May . William Watson, the (poet, has contributed a prose article to the Evening News, In which ho denounces the apathy of the British government and people In the following terms: "It Is high time that the masses of the people of this country had It driven and hammered Into their somewhat slow minds, for no gentler mode of Introduc ing It will suffice, that it Is very doubt ful Indeed whether we are going to beat the Oermana after all." Criticising tbe "lulling assurances that all will ultimately be well," Mr. Watson praises the spirit of tho Germans aud de clares "our allies and w ourselves are In Imminent and grievous peril." Turkish Eegiment is Annihilated PARIS), May 1.-A dispatch from Myll len to the Have agency says that a regiment of Turkish troop was annihi lated during fighting at the Dardanelles last night, and that the allies transported 1.000 more prisoners' to Tenedos and Moudro. The dispatch also aay that a squadron of warships ef the allies again bombarded forte at the Dardanelles and Turklsn en (smpments on ths coast. Wilson Tells Why He Declined to Give Out Amnions' Letter WASHINGTON, May 1,-Presldeat Wil son's refusal . yesterday to furnish the Industrial Relatione commission with eopiee of correspondence with former Governor Ammona of olorsdo on the Colorado coal strike was explained at the White House today with the state ment that the president did not care to ItKe any part In the controversy between t'haliman Walsh and John P. Rockefcl-lt-r. Jr., over Sir. Walsh's aseertlcn that sn saent of Mr. Rockefeller had written a letter to the preeld-nt for Oovern.ir Ammons to sign. The president's friends understand he believe the commission should cond jcl the Investigation Into industrial condi tions for which It was created by .-on-cresa without getting Into newspaper con troversies. While he has not gone Into the merits of the discussion between Mr. Walsh and Mr. Rockefeller, it wss said lod;y be thinks the object of the com mission Investigation is apt to be de-, (rated If published attacks on witnesses before the commission are continued. German Airship Sinks a British Submarine rERUN. Mar . V1 Londoo.-Tlt. following official communication was la sued tonight: "On May I a German naval airship had aa engagement with several British submarines in the North eu. fceveral bombs were dropped from the airship, one of then) hitting and sinking on of the submarines. "Tbe airship wss bombarded by the cuns of the submarines without being J-it. It returned safely.' a Cotton Drops Dollar and Half a Bale NEW ORLEANS. May (.-Cotton drop ped thirty-two to thirty-five point or more than ll.M a bale on tha exchange here this afternoon after reports were received that Ipan had seat aa ultima tum to China. NEW YORK, May IThere was a drop of thirty points In the cotton market here tday, apparently Inspired by foreign news, particularly with reference to the relations of Japan and China. DepartaaeM Orders. WASHINGTON, May (.-(Special Tele gram.) K. U. llanna waa appointed a rural letter carrier at Chambers, Neb., and Melvin Morgan at Frederick. 8. U. Nebraska pensions gran led: Mary J. Bangs. Heck ford, til; Heche! Muller. West Point, (12. Decide on An Executor who has the ability, resources, .organization, experience and per manency. Such ia the Peters Trust Company, which aots in this capacity at no greater charge than the individual executor. Consult us freely upon this subject. Capital $500,000.00 GRAIN CASE ON IN COURT Omaha Commisiion Company Seek ing to Recover from Chicago House. TRIAL JURY IS SECURED A Jury was selected yesterday in Judee Estelle's rourt to try the suit In whlrh the Haunders-Westrand Oraln company of Omaha ia seeking to recover $4."0.73 from Lemson Itros. A Or, of Chl-ao, alleged to have heen appropriated hy the Uite Pherman Paunders and William C. Hunderland and transferred to the de fendants. The following Jurors will hear the evidence: A. E. Carter. Benson; Alrred K. Casn. Ralph W. Craddork, Omaha; Kmll Holuli, Pellx Lenegh, Routh Omaha; Daniel lnlhan. C. O. Lund. A. B. Myers. Charles Oakley. Omaha; George H. Hemer. South Omaha; Stephen Sedla ek, Omaha, and Chsrles C. Rtraulte, South Omahn. Trlai of a lawsuit In which the Saunders- Westrand Oruln company of Omaha Is seeking to recover (4?..nM.JJ from l.sm son Bros. A Co. of O.Icsko, slleged to have been appropriated hy the late Sher man Saunders and Wllllmn C. Sunderland and transferred to the defendants, has begun in Judge Eatelle'a district o irt. The case, which Involves alleged Illegal ity of grain trading transactions carried on by Punrterl iP and Saunders, a former Omaha firm, promises to develop a com plete expose of methods of the Chicago Board of Trade and allied branches all ovsr the country. Mack Legal Taleat. A brilliant arrav of lesai iiini i .- gaed In the trial. The plalntlffa are rep resented by j. j. Sullivan, J. W. Wood rough and F. A. Brogsn. and the defense by W. D. Mciiugh and Smyth. Smith A Schall. Attention of men engaged In the grain business all over the United States Is said to he turned st r resent n h Omaha court where tho rase is on trial. ins plaintiff comnanv alleaea that Sunderland and Saunders dealt hitH LamSon Droa. Co. "by pretended orders irom pretended customers," but that In reality they merely luld wagers on future prices ot grain markets. On Juno 1, 1912. and on July 10. 1913 the petition charges. Sherman Saunders with drew t43.SM.73 of money belonging to the Baunders-Weatrend company and trans- rerreo it to the defendant company. Suit Is brought for recovery of this amount. DEATH RECORD. Mrs. Certrade T. Hollaad. HASTINGS, Neb., May l.-(8pecial Tel egramsLetters received here today from President A. L. Clatke of the First Nstlonal hank, who Is - Ssn Francisco, tell of the death of his granddaughter. Mrs. Gertrude Tousalln Holland, st sea Isst week as a result of shock Incident to being trsnsferred frrm the steamer Minnesota. Mrs. Holland wss on the way to visit her uncle, A. L. Touialln of Omaha. Her home was in Manila, j The body wss tsken to Honolulu for cremation. Great Britain is Building Wireless Station in Jamaica NKW YORK. May 6To supply a need ; felt by the British navy a j.owerful ! wireless station is being built en the ! highlands of the Island of Jamaica, M0 ' feet above tho level of the s-a. accord- j ing to Rev. Oeorge B. Stallworthv. a j Unitarian clergyman, who arrived here I today aboard the steamer Juan, after a five months' visit to the island. j Rev. Mr. Ftallworthy said 300 m'n had I been working on tho plant for two i months. No details as to Its equipment or rsnge had been permitted to become public, except that It would be very pow erful, with a long radius of effectiveness. Ths general opinion prevails in naval circles In the West Indies, Mr. Stall worthy asserted, that Rear Admiral Sir Christopher i Cradock and his British fleet would not have been lost in the engagement with the German fleet oft Coronel, Chile, November 1. last, had there been then In the West Indie such a wireless plant as Great Britain Is now building. It waa said a plant would have averted defeat by warning the British admiral of the strength of the Germans or by sending other warships to aid him. Turkish Aeroplanes Brought Down by Fire of Allies1 Ships PARIS. May e. Two Turkish aero planes have been brought down by shells from allied warhlps. according td a dis patch from Salonlkl. Setting out from Beddul Bahr, the aeroplanes flew over the fleet, dropping several bombs, all of which, however, fell harmlessly In the water. They had put out to sea to recon nolter Lemos and Tenedos. when they were brought down. The German aviators were rescued and made prisoners. A Havaa dispatch from Athens filed yesterday states that the Inhabitant of Oalllpoll and other part of the penin sula are crossing In large numbers to the Asiatic side. Two hundred Turkish prisoners taken by the allies were removed to Tenedos yesterday (Monday). "S..Ti w S11 a1 ii ten v m sIISnisyrSMli aiHil umsjilyil MllSII I I USUI S'l M US ami A SALE of HIGH-GRADE AMI ar.MF.XT. ll.M i1 - fi AV Amm.ia. XA V?!. Saturday jkri Suite PRICED WAY below their REAL Value A Great Opportunity for the June BRIDE yrou can't delay whmlevtr your wants may be in matched tuitss lki$ voill be .the biggett tale yet only a few item listed Kire--H9re' where quick action cov,nt$$$$, $110 tnahogany hand carved dressing ta-' bletouthem colonial with maesive pedes tal bate regular value $110" June Bride Sale Price $60 $325 s'Piec0 French Colenial Bedroom Set regular $325 valve, with twin beds, beauti fully figured mahogany very finest high grade cabinet worL the five piece June Bride Sale Price $158 $433 S-pieoe, hand carved post Colonial Bedroom SeU solid mahogany with four-pest bed, dresser and chiffonier Sale Price, $259 $332 Louie X VI Bedroom Suite, in finest solid mahogany, with twin beds, large dresser, 3 panel mirror dressing table and chiffonier a won derfully fine unite Sale PricKive pieces, $265 $3 3 2 Solid Mahogany Post Colonial Suite with " Twin Beds, large Dresser, Chiffonier and Dressing Table 5 pieces in all made by one of the finest cabinet makers in America the complete suite not to be broken i Sale Price $305 $457 Hr,u'm "' Jary tnlsi walnut Udroom uit4-contiit tfjourpiDre$er, Bd, Hi hoy and DetkwnderiuUy matched, UeuftVlly figvrtd teooa a tin pise of cabinet workth tour pwoe Sale Price $355 Thompson-Belden The May Suits for $25 Present an opportunity to purchase now the suit for the Exposition or Outing Trip at a most moderate price. The assortment at this pricing is so great you can easily find you own idea of a becoming suit. No Extra Alteration Charge. New Wash Dress Arrivals $7.50, $10,50, $12.50 Many new styles just arrived from New York by express. They present the correct modes for coolness in summer wear. A Dress Goods Opportunity That Even We Have Never Before Duplicated $1.00 Fine French Crepe, 39c Yd. We have been asked many times why we are selling them so cheap? Quite right you should. Here is the answer: A New York Importer, who has served us twenty years, received these goods sixty days late. He needed ready funds, and came to us. Take all or none was tbe proposition. We took the entire lot and are going to give our customers the benefit. A most beautiful line of colors to choose from. See these goods displayed in our Sixteenth Street window. Infants' Bonita Shoes, Slippers, Sandals and Moccasins Mothers will find stocks complete now and all at MOST MODERATE PRICES. INFANTS' BONITA SHOES: . White, white and patent, black, sand, tan or patent and blue; sizes 1, 2, 3, 50c and 85c pink or blue; sizes 1, 2, 3 - - - 50c and 85c INFANTS' . MOCCA SINS: In all white, white" trimmed" with INFANTS' TAN SAN DALS: Sizes 1, 2, 3, 50c INFANTS SLIPPERS: White linen, kid, or pat V ent leather . - - sizes 1, 2, 3 - - - 50c Infants' Wear Section Third Floor. " ' Ml eEMENT. AMtHEUCKTe. 417 .-a Pi WM Taper, Wood w , ) f . y-a its- rI Urillllfl IV I.IMPI I I. oiot riour. " - OmaUa L PA YMENTS IF YOU WISHFttf$ ; t T . . 3 , i . 1 w The Marvels of the Sea EXPOSED In The WILUAMSON Submarine Pictures At Last! The Res bss given up Its secrets I Wonder unfolded! Thrilling seenes never before disclosed ! Startling pictures I Apslllng. Amaslng, Instractlre, Enthralling, Enhancing, Enthusing Lntraocisgl Marvels for you to marvel at. Creepy things for yoa to shudder at I Cncanolness that tickles the spinel Beaut of tbe exquisite sort! Msgnlflceuee of magnitude! Tbe aristocrat of films ! That defines tbe picture completely 1 The picture you're been wait ing foe, yearning for, praying fori Now, you're golag to see Ul I O A YET Y Start DUplayi at 2, 3:30, 7:30, 9 p. m. V ah Next Week SUN. Adults, 25c; Children, 10c aHl'IKMEKTI, Tho Musical Treat of tho Gcason AHD (IIS .. DAHD fit I vv S P E C I AL Mf- Hefb,f,.L C,ark, Corntlist cfti oiPTf SM15 urijinu koot, soprano. j dULOId I S (Xx Marxel Cluck, Violinists May Oth AUDITORIUM. OMAHA May 0th Two Oomoert aVfteraeoa aa aveataa; Baereg Oeaoerl K"flaT AfV.rv.ooa. Mta ea aale oa and Aft.r Mar ata. 7 BAYS. Toe aa4 tlAjO. QBII1; JtavJ. ABbasllIOaT. NEW SHOW TODAY The Sunday Bet i the only Omaha newspaper that five its rcadert four big o-ea of colored comics. I P P T II E A T E Hon of Pirnount f Ictaret ! Ttaaee) ToeAyw HAZEL DAWN In "MODE" TaaOTOW "atXU WAaTTED. Tyron't Doss & "Hector" Kelly & Oraki . Johnson & Crane Chins Yuen Let Troupe and "Wine and Women ' I no Asaassjoar W BVaoerred-Beata. lOe Zxtra I0C BO YD OM1I11 MOST fOfVUAM Thaatar Taaeo atattsee Today, directed by aVof. caejabere. B3TTCRFLY ON THE WHEEL Xxtra JlTery Iarf oraaaoei Oeo. rb.lpa.rT.acaa atepplar, la goags aa4 Pans. Text Weak. Oeo. at. Coaaa'e Tattle Johamle Joaesi Tu.a, Oeaeert Jltgba. sua. Xdita riiektBa-ar, .opraao, . twaaa Asm. aaata. lis. Wed.. Thar aU, aaoi arigbta. ao a ad boo. "oata.aiA'a rvar cuarm lCrtl lCTJi. Bsily Mat. lajs-ooe, The Seasoa' Closing Week SAM HOWE Sf'lwntui'fs?:, Big Beauty Chorus and Drov. of iJeligntful I'minn livinlttes. TandTlli's ft OKIOXBTAI. O Oedai o.rIA "KERRY SISTER0 In Their Own Pongs. Jokea and Drama tic Sketch. "The Ov-oay'a Warning," Indies' Dim acaUaee Week Xyg. AdTSAOed Touda. Dauy atat. ght. BUS. Phone IKag. 4Sd Other acta: Whlt lng at Burt. Hui sey Boyle, Trav. lit'. Military Ca nine.. Cerro, Harry Wataktns, RIOO l.ETTO BROS , Orpheum Travel Weakly, films slstlnas: Oallarr, 10. Baat lull (cip.pt Sattuau aad kulwl. ia Nlaaca: lu-aVo-fiM. Hugh Herbert A Co. HEW YORK SYMPHONY ORCHESTRA CORINNE PAULSON, Soloist BRAXDEIS THEATER Friday F.Teulng, lar 7th, 8 P, M, Ticket arow aoa tuao m tutc IS, 'Y is