Omaha Daily Bee Newspaper, May 19, 1895, Page 3

THE OMAHA DAILY BEE: SUNDAY, MAY 19. 1895. 3 _—_—— DIAMONDS IN TRE DAY TIME AGAINST THE INCOME TAX Coming Deoision of the Supreme Court Will Upset the Law Completely, MAJORITY FINALLY AGREES ON ALL POINTS Changing of Opinlons and Shifting of Positions Surround the Outcome with Uncertainty for a Time, but It's All Over Now. Washington special to the Chicago Tribune Chief Justice Fuller has completed writing a decision which upsets the income tax law en tirely and wipes it off the statute books. The decision has been put in type, returned from | the printer, and s now being considered by the majority Justices solely on the grounds of its general expressions. The law itself is a thing of the past. This result has been reached only after a series of remarkable changes in the court, the entire history of which is not likely to be given to the public. Justice Jackson, on whom the burden of the case seemed to rest, took sides in favor of the constitutionality of the law as & whole, but united with other justices in exempting rents and state bonds from the operation of the law. His decision apparently settled the matter and the friends of the law ‘were more or less triumphant Unfortunately, just at this time, shortly after noon last Saturday, it became evident that gne of the justices in favor of the law, but against the rent saw fit to change his opinion. In the original hearing of the case he voted that taxation of rents was not constitutional, but that the law, a: a whole, was gocd law. Saturday he withdrew from his original position and voted that u tax on rents was not a direct tax, and hence did not assall the broad principles lald down in the constitution If it chould bappen that Justice Brown writes and delivers next Monday a dissent- ing opinion, it is probable’ he is the one who changed back from his previous advanced opinion which was well established. The conference of Saturday developed the fact that Chief Justice Fuller, Justices Field, Gray and Brewer were still opposed to the law as a whole. Practically, the whole court was willing to exempt state and municipal bonds. A majority of the court, including Justice Jackson, was opposed fo the tax on rentals. An_apparent majority was in favor of up- holding the law as a whole, but just at this Juncture Justice Shiras, who had wavered during the first hearing, began to show evi- dences of changing front. “ Thus it will be teen that Justice Brown changed front on the rental question and Shiras_changed back on the law itself. was still undecided when Chief Justice Fuller started to write an opinion, and for a while the Chicago member of the court did not know whether he was writing the decision of the court or a dissenting opinion. Finally Mr. Justice Shiras took his stand With the opponents of the law, and then the chief justice went to work on his opinion, knowing it would go down into history as the declslon of the court. It will almost cer- tainly be handed down Monday, and the chances are there will be several individual opinions_delivered at the same time. Next Monday is an anniversary for Justice Field, for on that day he completes thirty- two years of service on the bench. He is expected to celebrate the ‘event by an opin- fon expressing hiz personal view of the law, which in the main coincides with that of the court, although going further. Justice White is_expected to present a strong dissenting opinion, still further upholding the doctrine of stare decisis. Justice Brown, if it be true, as alleged, that he has changed front on the question of rent, will be likely to ex- plain his position. Justice Harlan delivered a short dissenting opinion before. He is ex- pected to go more into detail next Monday. All of that day, and possibly part of Tues- day, may be taken up in reading the different opinions, and when they are all in but one great fact will appear to the common peo- ple, which will be that the populist income tax has been wiped off the statute books, and {n such a way, too, that it can never be re- enacted and enforced until a new supreme court is present to let down the constitu- tional bars, The people who are liable to be placed in a hole are those who have already paid their taxes. The opinion prevails at the Treasury department that the money cannot be pald back except by special act of congress. Ac- cording to the opinion of some of the law of- ficers of the government, the secretary of the treasury cannot pay out one silver dollar to anybody except when duly authorized by law. It this be true those people who were prompt in paying thelr income taxes will have to whistle for their money until some time next winter, and even then will be de- pendent on the whimsicalities of legislation in the senate, which will be torn up and practically will have no leader to force through necessary legislation. The repayment of the income taxes will be undoubtedly one of the items In the urgency deficiency bill, always presented early In the session, but the item may not get through congress for a year. oIL HAS ADVANCED IN RUSSIA Producers In that Country Have Working for SXmall Profits. WASHINGTON, May 18.—Consul General Korel at St. Petersburg, under date of April 30, has made a report to the State department upon the kerosene industry of Russia. He says the great opponent of the American kerosene industry in the forelgn market is the Russian product and in order to meet competition the Russians try to reduce ex- penses everywhere. Owing to the increase in prices in the London market, oil In Russia has also advanced. For the two previous years the profits have not been large, but so far in the year 1895 there is a large trade at good prices. Mr. Korel says, however, that the prices in Russia do not correspond to the increased prices in International mar- kets. According to the report of the minister of finance, the Russian ofl industry com- forts itself with the hope that in the near future the American kerosene wells will weaken in the delivery of the usual supply and that Russla will then control the European oil business. The same paper says “During the first months of 1895 the United States had to suspend the export of kerosene to the Aslatic markets, and according to the most trustworthy caleulations, the American wells will not be able in the present state of productiveness to answer all the demands of the Europecn markets, which they have heretofore been supplying, and which will then be supplied with Russian kerosene.” Attempts have been made to agree upon a division of the international markets and during the last few days such an agree- ment has been affected and presented to the minister of finance for confirmation. A note by the State department states here that the announcement will be made by cable that the Russian minister of finance has refused his assent. WANT TO Been ANNOUNCE IT FIKST Supreme Court Judges Not Willing to Ee Forestalled i Thelr Decision. WASHINGTON, May 18.—It was generally expected that the justices of the supreme court today would hold another conference on the income tax questioy for the purpose of reaching a final conclusion and of pass- ing upon the opinion of the court and the dissenting opinion of the justices who might find themselves In the minority, but the consultation did not take place and will ot until Monday morning, immediately pre- ceding the reconvening of the court. It Is customary with the court to hold its con- sultations on Saturday and there are three theorles advanced for today's departure from the usual practice. 1. That the justices engaged In the work of writing the opinions may not have con- eluded their labors. 2. That some one or more of the justices may desire further time for consideration of the questions iuvolved in the income tax ca 3. That the premature announcement of the court's first declsion on the case has resulted in a determination not to confer until the last moment and thus prevent any Bews trénspiring untll public amnouncement which was | He of the conclusion of the court from the bench. ‘ Extraordinary precautions have been taken to keep secret the views of the court and until the rumors now afloat are confirmed, it s Impossible to get definite information, To- day several of the justices took a ntage of the fact that no consultation was held to g0 down the river on an excursion given by the local bar assoclation. DETERMINED TOF (EEZ : WALLER OUT Nephew of the 1m) trom M WASHINGTON, May 18.—It is probable now that in addition to the case of ex-Consul Waller, Mr. Eustis, our minister to France, will be called upon to press on the attention of the French government the claims of Paul Bray, a nephew of Mr. Waller, who was forcibly deported from Madagascar. Mr. Bray has written from Paris to Mr. Langs- ton, his attorney in Washington, a statement of his case, which has been laid by the latter before the State department. Bray was in- terested with Waller in the valuable con- cesgion of lands obtained from the Hova government. This concession was formally recorded in the Hova government office’ and a copy was registered at the American consulate at Tamative., Mr. Wetter, the present Ameri- n consul there, has already furnished the State department the official records in the ase. The French resident in Madagascar insisted that Mr. Waller should submit his corcession to him for approval and registry r refused to do this, apprehending that the French officials would promptly reject his concession and deny him Jjustice, He claimed that the French protectorate, be ing confined by treaty to jurisdiction foreign relations only could not be to give the French officials. the right upon the validity of his concessions. A cording to Mr. Bray's statement matters were in this condition when he and Waller projected a trip from Tamatave to the con- cesslon, where the French were making depredations upon thelr valuable rubber trees As soon as the French became aware of this movement, they promptly arrested both men and tried them by court martial on charges of alding the Hovas, and writing seditious letters to them, RESUSED THE LUKLINGTON'S REQUEST h over held Important Ruling of Secretary Smith on a Land Grant Controversy. WASHINGTON, May 18.—An decision has been rendered by Hoke Smith in regard to the land grant to the Burlington & Missourl River Rail- road company, now the Chicago, Burlington & Quincy Railroad company. In a decision by the supreme court of the United States it was held that the grant to this company was divisible, that is, that a certain amount of land was granted on each side of the road and that it was not authorized to increase the quantity on one side to make up a de- ficiency on the other. An adjustment of the company's grant in 1888 showed that it has recelved 201,101 acres to the north of its line In excess of the amount granted and a demand was_made for tbe reconveyance of this land. The company refused to comply and a suit Is now pending to compel it to do s0. The amount of land patented to the com- pany south of the road is admitted to be less than it is entitled to and lands still exist south of the road that might be patented. Certain of these southern tracts, it is al- leged, have already been sold by the com- pany and it is desircus of securing the pat- ents for them and offers to surrender an equal amount north of the road if these are patented to it. The law expressly forblds the patenting of lands to any company which has already more than it was granted and the secretary declines to patent any further lands to the company until the suit in the supreme court for the reltnguishment of the excess to the north is decided. Innocent purchasers will be otherwise protected. important Secretary GIBBONS' VISIT HAS NO sSIGNIFICANCE Is Not Going to Rome on Any FParticular Business. WASHINGTON, May 18.—Bishop Montes- doca of Mexico, In the diocese of St. Luis de Botosi, who has been visiting Mgr. Sa- tolll, has departed for Rome. It is stated that Cardinal Gibbons' visit to Rome will have no significance on any of the pending ecclesiastical questions, although it is ex- pected that he will discuss with the pope the entire range of church affairs as de- veloped since the cardinal's last visit ten years ago. Mgr. Satolli will remain through the summer, though he has made several engagements to attend church cele- brations. The speculation concerning Mgr. Satolli's elevation to the cardinalate has brought out the fact that it is an invariable rule of the vatican not to advance a delegate to a cardinalate. The latter office may be filled by a nuncio, and this fact has been the base of reports that Mgr. Satolli would be made nuncio at Lishon. There has been no intimation direct or indirect that this would be done, and there Is less reason for the move to Lisbon than other posts, as the prasent nunclo there has several years to serve and is himself likely to be advanced to a cardinalate. % OPENING THE KICKAFO) RESERVE in Washington Next Thursduy Fixed Upon by the Presi- dent as the Day. WASHINGTON, May 18.—It is sald the date for opening the Kickapoo reservation in Oklahoma to settlement is fixed for next Thursday. Settlers will be required to pay $1.50 an acre, 50 cents of which doubtless will be requircd for deposit on original entry Coples of the proclamation have been pre- pared, and will be issued immediately on official notification of the president’s approval. All necessary preparations have been made by the land office officials for carrying the provisions of the proclamation into effect. The reservation consists of 216,000 acres, but 131,000 of this land has been withheld for allotments of the Indians and for school in- demnity purposes, leaving 85,000 acres to be taken up. The lands are subject to ordi- nary homestead entry at $1.50 an acre, '‘aymaster Smith Sentenced to WASHINGTON, May 18.—The the court martial of Paymaster Smith of the navy have been laid betore the president by Secretary Herbert. The charge against Smith, who Is paymaster on the Concord, now on the Asiatic station, was drunkenness, and was preferred by Com- mander Folger of the Concord. The fact that the case has been taken to the president means that the court recommended dismissal. Smith entered the navy in 1878. About nine years ago, while on board the Essex, he left the ship and disappeared in New York. He could not be found for wany days, and when he turncd up again, he said he drugged. About a year ago he was ecourt martialed for drunkenness and sentenced to confinement in the ship for three months, Dismis N findings In Henry R. Kershuer Verdics 1y Washington. WASHINGTON, May 18.—The record of the naval court martial in the case of Medi- cal Director Kershner, which was Jjust wound up at New York, was brought to the Navy department by the judge advocate of the court, Lieutenant Laucheimer. It has been placed in the hands of the judge advo- cate general of the navy, who 18 now care- fully examining it with a view to ascertain- ing Its regularity, and when this examination is completed it will be turned over to the secretary of the ravy for his approyal. Admiral Amy b uried. WASHINGTON, May 18.—Funeral services were held today over the remains of Rear Admiral Almy, who died Thursday. Rev. Dr. McKim conducted the ceremonies and the interment was in the congressional cemetery. The pall bearers were Admirals Hughes, Up- shire, Jouett and Roe, Generals Vincent and Drum, Pay Director Caswell, Judge Hagner and Mr. Charles Abort. The body bearers were sallors and marines. The Loyal Le- glon and the Assoclation of California at- tended the services in a body. Coffes Crop is Short, WASHINGTON, May 18.—The coffee crop of South and Central America this year will be about 10 per cent short of the ecrop of last year, according to statistics received to pass | | sectally had been | here, Upening of the Kickapoo Reservation. WASHINGTON, May 18.—The proclama- tion for opening the Kickapoo Indlan reser- vation in Oklahoma will probably be issued English Ladies Falling Into a Oustom Once Despised as American. PRINCE OF WALES VIS!TS LADY WARWICK Princess Left at Home with Her Daughters —~Lady Willlam Beresford Presented to the Queen—Hult the Peer- age at a Concert, (Copyrighted, 1505, by the Associated Press.) LONDON, May 18.—The mercury, which had made the people happy at 79 degrees-and thereabouts for weeks past, suddenly de- scended and within a few hours had reached 40 degrees, sending everybedy hunting for cast-off winter garments. This sudden de- crease in the temperature was followed by furious gales, which have been dragging | along the coast, while hafl and snow in many | places have greatly damaged the fruit buds. Great Britain, however, Is not alone In this remarkably sudden change from balmy spring to shivering wii Advices received from various parts of the continent of Europe sbow that a similar state of things prevails in Switzerland, for instance, the Jura dis trict is blocked with snow and on the tain roads near Davos stage coaches imbedded in the snow and the peop! were traveling in these vehicles had to seek refuge in neighboring hospices. ~ Along th south coast of France the gales have been severe and it Is feared that there has been loss of life among small eraft which may have been caught far from land and un. prepared for the sudden change In the weather. The prince of Wales Is staying at Warwick castle, where the countess of Warwick and Brooke, more generally known as the famous beauty, Lady Brooke, who has long been greatly admired by the princs, has invited 2 distinguished party to meet, and where all sorts of festivities are in progre The prince yesterday reviewed the Warwickshire yeomanry .cavalry of which Lord Willoughby de Broke s colonel. The princess of Wales and her daughters are at Sandringbam, whither they went after the drawing room which the princess held on Wednesday last at Buckingham palace in behalf of the queem. b} DRAWING KOOM A FAILURE. The drawing room was not largely at- tended. But few people attracted more at- tention than the American duchess, the dow- ager duchess of Marlborough, who recently became Lady Willlam Beresford and was presented on her marriage. She had never been presented as duchess of Marlborough. The beautiful American wore a gorgeous pearl-gray satin with a velvet train shot with the faintest tinge of pink and embroidered with silver and diamond lilies. The bodice was completely covered with lace and sparkled brightly with a profusion of dia- monds. English women are showing an inclination to bedeck themselves with jewels in daytime, which they admit is bad taste and with which little failing they have long accused Americans of giving way to. At the invitation concert of the Strauss orchestra at the Imperial institute on Satur- day society was out in great force, the names of those present including almost half the peerage. Diamonds in the ears of the ladies and around the neck and brooche were worn In numerous quantiti The prince and princess of Wales, the duke and duchess of Saxe-Coburg Gotha and the duke and duchess of Connaught were among those present. Viscount Hinton, who for many years has been grinding an organ through the streets of London, is now acting as showman for a Kkinetoscope, near Leather Lane, Holborne. He says that che labor of grinding an organ has permanently crippled his right arm and that he greatly prefers his present occupa- tlon. Viscount Hinton is helr apparent to the earl of Poulett, his father, the sixth earl of that name. The family is over 350 years old, dating back to Sir John Poulett, knight, an earnest royalist, who was created Baron Poulett of Hinton, St. George, County of Somerset, peerage of England, in 1627. The earldom of Poulett was created in 1706. Lady Sutton, the widow of Sir Richard Sutton, whose cutter Genesta, competed with the American sloop Puritan in 1884 for the America’s cup and was beaten, will soon re- enter the state of matrimony. DWYER AND CROKER NOT POPULAR. The events of the past week in sporting clrcles have not increased the popularity here of Mr. Michael F. Dwyer or Mr. Richard Croker. Even the colored jockey, Simm: las come in for a share of criticism. The Globe, commenting upon the riding of the American jockey, sald yesterday: ‘His monkey antics are forelgn to our insular prejudices. He kept easing his mount and then sending bim along to the leaders over and over again on Thursday, but we must admit that when we had to sit down he showed us what he could do. In an exciting finish he has proven equal to the occasion. The most serfous accusation which the papers make is that these pretenses of being beaten were simply meant to influence betting during the race and that the Americans suc ceeded in getting a large amount in this way. The United States war ships San Francisco and Marblehead, from the Mediterranean, and the New York and Columbia, from New York, will rendezvous at Southampton and will proceed together to Kiel, in order to take part in the elaborate fetes prepared there to celebrate the opening of the North sea and Baltic canal. It is estimated that the four United States ships will represent 21,747 tons, with seventy-five officers and 1,497 men. Great Britain will be represented by four first class twin-screw battle ships, the Royal Sovereign, Empress of India, Reso- lution and Repulse, the first class twin-screw crulsers Blenhelm and Endymlion, the third class cruiser Bellona, the first class gun- boats Speedy and Haleyon and the Admiraity yacht Enchantress, under command of Vice Admiral Fitzroy. This fleet of ten war ships will carry 171 officers and 4,390 men, and have a total displacement of 78,660 tons. Austria will send four war ships, which will carry fifty-two officers and 1,421 men, and hich will represent a displacement of 13,894 tons. The Austrian fleet will be commanded by Rear Admiral the Archduke Charles Stephen. Russia will send three ships under Rear Admiral Skirdloff, with seventy officers and 1,305 men, representing 20,972 tons. Ttaly will make a gallant showing with nine war vessels, carrying 180 officers and 3,310 men, and representing 13,800 tons. The Italian fleet will be commanded by the duke of Genoa. France will only send three ships, but they will represent 15,800 tons and will be manned by sixty officers and 1,860 men. Scandinavia will send five ships, representing 8,375 tons, with fifty-five officers and 675 men, under Rear Admiral Klinteberg. There will be three Spanish ships present, repre- senting 17,866 tons, with fifty-six officers and 1,233 men. The Danish flag will be repre- sented by six war ships, with thirty-two officers, 1,370 men and 0 tons. The Netherlands win send two war ships, repre- senting 4,675 tons, with twenty-five officers an 413 men. There will be two Roumanian war ships present, representing 1 tons, with twenty-three officers and 400 men. Tyrkey will be represented by a cruiser of 1,926 tons, having on board fifteen officers and 300 men. FROM KIEL TO NORTH CAPE. The United States ambassador, Hon. Thomas F. Bayard, will attend the fetes at Kiel on board the Mirror, Sir John Pender's yackt. Lord Wolsley, Lord Roberts of Kandahar, and Sir Evelyn Wood will also be Sir John Pender's guests. The Mirrer will leave Scotland for Kiel, and after the fetes at the latter place will proceed to the North cape. The party will be absent three weeks on the latter trip. The opera season opened ausplciously, al- though there has been nothing noteworthy as yet. On Thursday Mary Engel, in ‘“Phile- mon,” was favorably recelved. The critics approve of her. The subscription is the larg- est known. The queen heads the list with the double box on the grand tler. Among the others to secure boxes are the duke of Fite, the duchess of Marlborough, Lord Dun- raven, Lord Lonsdale, Lord Welverton, Wil- llam Waldort Astor, Mr. Winans and Mes- dames Mackey, Ronalds, Adalr, Bradley- Martin and Ralph Vivian. The theaters have been suffering from the hot weather which prevailed untll the end o|! the week and there have been no novel- thes Beerbdhm Tree has lost no time in ful- filling the promise made by him on the first | saortly | company dora” has already been ‘placed on re- hearsal and will be presented next week. Mr. Tree has been fortunath ehugh to secure the services of Mrs. Bancroft in her original part, that of Countess Olgw”Zoukarff, and Mrs. Patrick Campbell will srepresent the heroine. The cast is a very strong one, which will fnsure a most interesiing, revival. To a reporter of the Assoclated press who called at the Haymarket theater during the re- hearsal, Mr. Tree said: ““The longer 1 am at home the more fully do I realize what a good time I had in the United; States. 1 am already looking forward with eager anticipa- tion to my visit there next year. Mrs. Tree and myselt were there refelved with the most possible kindness and with only one exception the criticism of our work was in- varlably just and kind. It would be impessi- ble to find any audiences more quick and responsive than those before which we had the pleasure of appearing. Another thing that greatly impressed me was the beauty and convenience of the theaters.’ FEDORA AND TRILBY. asked about his future plans, Mr. replied: “We shall, as you know, produce a revival of ‘Fedora’ with | Patrick Campbell in the title role, This we hope, run through the season. In arly autumn we shall produce an Ameri- can version of ‘Trilby,’ but as to who will | take the part Trilby has not yet been | decided."” | Miss Nethe rick Campbel When Tree Mr will, the e of sole, who is filling Mrs, Pat- place in the “‘Notorious Mrs. Ebsmith” at the Garrick, has arranged to g0 on a tour at the close of the Garrick season with John Hare in America, London is to be more than ever favored with opportunities of seeing and comparing the best efforts of foreign drama. France, | Italy, Germany and Spain will be represented here'this season. In addltion to the Spanish | of comedian ready anno hese dispatches, Signora Mme. Sarah Bernhardt will be here pre y The former will make her reappearance at Drury Lane theater on the evening of May 22 and will play four times a week, the maining evenings being devoted to th tinuation of the English ra season. Sir Augustus Harris will _endeavor to induce Signora Duse to add to her London repertoire. On Monday, May 27, Sarah Bernhardt will open her season at Daly's with “‘Desdemona,” Sardou’s latest play. She will bring her own company and scenery from the Renaissance theater in Paris. The ducal court company of Saxe-Coburg Gotha will open a short season at Drury Lane theater on June 27, when the clever comic opera, ‘‘Der Vogel Handler,” will be rreduced. Sardou’s unlucky play, “‘Dealla Harding,” is already withdrawn from the Comely theter. While the management is waiting for Pinero's comedy, Jerome K. Jerome's ‘“Councillor's Wife" under the title of “Prudes Progress” will be given a trial. LANGTRY IN A BATHING COSTUME. Mrs. Langtry begins a short engagement at the Grad theater, Islington, June 3, when she will probably proluce her new play, “'Gos- sip,” dealing with special manners and cus- toms in the future. Rumors are that Mrs. Langtry will appear in a bathing costume of hlack eatin with a very short skirt, a scarlet bow tying the bodice over a white muslin chemisette. Effie Shannon is the only member of her American vompany who will appear with her. Mile. Yvette Guilbert, who is appearing at the Empire with her usual uccess, has a new repertoire of songs. She is not very en- thusiastic as to the success of her coming visit to the United States, having an idea that the Americans care only for singing in which the tom-tom and the banjo form the integral part of the entertainment. Cissle Loftus will appear at the Palace theater on May 27. She has spent her short holiday since her return from America in visiting the theaters and studying new songs and imitations, The queen will this year formally open a new parish church at €rathie. The new building is in striking contrast to the old one on the road from Ballater to Braemar, famous for the Puritan simplicity of ifs religious edi- fices. It will have stained glass windows, highly ornamented pulpit and other modern ideas’likely to be resented by austere Scotch- men, con- ——— THE WOMAN’3 BIBLE, ASpecimen of the Work Complled Under the Direction of Mrs, Stanton. Here is a specimen chapter supplied by the New York Sun from the Woman's Bible which is belng compiled by a revising com- mittee of leading women of most civilized nations. They propose to comment simply on all texts in the Old and New Testaments that refer to women. Mrs. Elizabeth Cady Stanton of 261 West Sixty-first street Is chairman of the committee, and information concerning the work may be obtained from her. The specimen chapter is Numbers xxvil,, 1-11, and, with Mrs. Stanton's com- ments, is as follows Then came the daughters of Zelophehad, the son of Hepher, the son of Gilead, the son of Machir, the son of Manasseh, of the familles of Manasseh, the sop of Joseph; and these are the names of his daughters: Mah- lah, Noah, and Hoglab, and Mileah, and Tirzah. 2. And they stood before Moses, and before cazar the priest, and before the princes and all the congregation, by the door of the tabernacle of the congregation, saying, 3. Our father died in the wilderness, and he was not in the company of them' that gathered themselves together against the Lord in the company of Korah. 4. Why should the name of our father be done away from among his family, because he hath no son? Give unto us therefore a possession among the brethren of our father. 5. And Moses brought their cause before the Lord. 6. And the Lord spake unto Moses, saying 7. The daughters of Zelophehad speak right: Thou shalt surely give them a pos- session of an inheritance among their father's brethren; and thou shalt cause the inheritance of their father to pass unto them. 8. And thou shalt speak unto the children of Israel, saying, If a man dle, and have no son, then ye shall cause his inheritance to pass unto his daughter. 9. And if he have no daughter, then ye shall give bis Inehritance unto his brethren, 10. And if he have no brethren, then ye shall give his inheritance unto his father's brethren. 11. And if his father have no brethren, then ye shall give his Inheritance unto bis kinsman that is next to him of his family, and he shall possess it; and it shall be unto the children of Israel a statute of judgment, as the Lord commanded Moses. The respect paid to the daughters of Z lophehad at that early day is worthy the imi- tation of the rulers in our own times. These daughters were no doubt fine looking, well developed woren, gifted with the power of eloquence, able to impress their their person- ality and ‘arguments on-that-immense assem- blage of the people. They ‘Were allowed to plead their own case 4n person before the lawgivers, the priests, wiid ‘the princes, the rulers in ‘state and chugeh, and all the con- gregation, at the very dgor of the tabernacle They presented their qaseswith such force and clearness that all saw the justice of their claims. Moses was so deeply impressed that he at onca retired to his closet to listen to the still emall voice of consclence and commune with his Maker. 1In response the Lord said to him: ‘The ddughters of Ze- lophehad speak right, if a man die and leave no son, then ye shall tauge his inheritance to pass unto his daughters.” It would have been commendable if the members of the late constitutional convention in New York haa like Moses, asked the guidate of the Lord in deciding the rights of the’daughters of the Van Rensselaers, the Stuyvesants, the Liv- ingstons, and the Knickerbockers. The final action revealed the painful fact that they never thought to take the case to the highest court in the moral universe The daughters of Zelophehad were fortunate in being all of one mind, none there to plead the fatigue, the publicity, the responsibility of paylng taxes and investing property, of keeping a bank account, and having some knowledge of mathematics. The daughters of Zelophehad were happy to accept all the nec- essary burdens, In spired by the laws of In- heritance, while the daughters of the Knicker- bockers trembled at the thought of assuming the duties involved in self-government. As soon as Moses laid the case before the Lord, He not only allowed the justice of the claim, but gave “a statute of judgment,” by which the Jewish magistrates should deter- mine all euch cases in the division of prop- erty in the land of Canaan in all after ages. When the rights of property were secured to married women in the state of New York in 1848 a certain class was opposed to the measure, and would cross the street to avold speaking (o the eisters who had prayed and petitioned for its success. They did not ob- Ject, however, in due time to use the prop- night of his resppearance in London, r.-lmy thus secured. WOULD BLOW UP THE MINES Towa Strikers at Mystio Threaten Orr Bros, Property with Destruction, | SHERIFF NOTIFICD OF THE SITUATION Two Hundred Men Attempt to Force the Scale Men to Quit Work— Rumors of Sericw: Trouble Belng Tmminent, OTTUMWA, gram.)—There is trouble at Orrville, two miles above Mystic, and Sherift Bray been summoned to the scene. Fully 200 miners congregated at Orr- ville, determined to get the miners who have been working here at the 70-cent rate quit work. It is said they threatened to blow up the property, and this has been confirmed by Orr Bros, who this morning served mnotice on Sherift Bray that they would hold the county responsible for any damage done their property. The sheriff re- paired at once to the scene and has not yet returned. There are many wild rumors afloat, but a truce has boen declared till Moend, CoAL Ta, May 18.—(Special Tele- at Orr Bros.' mines has to RATORS or CALL A SESSION Will Moet at Des Moinos Th » Middleman DES MOINES, May 18.—(Special Tele- gram.)—A call has been fssued for a general meeting of all the coal operators of the state, to be held in Des Mines next Thursday. The object is to perfect a state organization, and ible, to place the business on a better for all concerne All operators, whether recelving special Invitation or not are invited to be present. The call Is signed by W. H. Holcomb of the Star Coal company. John B. Gibson cf the Gibson Coal company Sears of the Carbondale Coal company, and Hamilton Browne of the Boone Valley Coal and Railway company. It is regarded as likely that the operators will organize on much the same basis as the operators of the Des Moines district have; that is form a central company, to which each operator will sell his product, the central company to act as middieman between the individual com- pany and consumer. It s not known whether the Oskaloosa district will affiliate in the movement. All the other districts have signified their Willingness. raday to select Natural Gas In Towa. CEDAR RAPIDS, Ia, May 18.—(Special.) —The recent discovery of natural gas at Columbus Junction leads to the bellef that it exists in considerable quantities in south- astern Tow d that the field is not_a nar- row one. Gas has been struck anumber of times by er(lrx boring deep wells and at a depth of from 100 to 150 feet. Eastern ex- perts, whose attention has been called to the fowa indications, are disposed to dis- miss them with little thought, because they say that flows so near the surface lac pressure and are generally velueless be- awse limited in quantity. No tests, how have been made, and it is believed that' when made gas will be found in con- siderable quantities. A short d nee from Columbus Junction' there is a collection of veral houses which have been h d with atural gas for several years, and both the supply and pressure seem fo Increase as time passes. i Five Burg nrs Sentenced. DES MOINES, May 18.—(Special Tele- gram.)—Judge in the district court, today pa sentence on five men convicted of bur William Trow goes to the penitentiary for five years, Nels Hansen for six years, James Raymond f seven years, Arthur Harrett for éight years and Thomas Huff for nine years. The judge intimated that if that did not cure their ailing for burglary, he might gce th:m again. In passing sentence he sald most of the criminals who come before him lay thelr dowrfall to whisky, and, addressing one of the prisoners, he 'said: “I suppose that you with others signed petitions to have the saloons legalized and sell that to which you now attribut® your Supreme Court Dechlons. DES MOINES, May 18.—(Special Tele- gram.)—Towa supreme court decisions were filed as follows today: Wiese Lumber com- pany against Libble G. Hartwell et al, ap- pellants, Pottawattamie district, reversed; the Peninsular S e com ny against H. C. Roark and Mary J. Roark, appellants, Audubon_ district, affirmed; Jeéssier Birley against Shelby Hirley, defendant, and Wii- liam Birley, appellants, Fremont district, af- firmed; George A. Pulle; administrator, appellant, against Cnicago. Burlington & Quincy Railway company, Page district, af- firmed; L. C. Recd, administrator of thé e tate of § Reed, deceased, against C. J Reed e firmed, Claims Aggregate . Milllon. SIOUX CITY, May 18.—(Special Telegram.) —The report of the special commission=r on the Union Stock Yarks company receiver- ghip case has been filed in the federal court here, The amount of claims shown against the company aggregate $1151,762. This is in addition to the bonded indebtedness and to $1,000,000 of claims which have recently bien withdrawn, Conrad Kohl, who shot and killed Willlam Dockery last Thursday at Lemars, has been bound over in $,000 bords. His case was at first supposed to be one of self-defense, but recent developments make it appear likely that he will La\l some difficully in estab- lishing such a Will Boom Shenandosh’s Collage. SHENANDOAH, Ia., May 18.—(Special)— Since the Western Normal college at Lin- coln 18 about to close its doors, the stu- dents there are preparing to entér the col- lege here, and at a mass meeting last night the citizéns added their cordial invitation to the students to come, and guaranteed to meet the expenses of bringing them here, Shenandoah is the original seat of the West: ern Normal college, and now with the com- ing of these students and with five mem- bers of the old faculty as instructors, the school will be practically reunited in fts first location, but in a mich finer and more completely equipped building than ever be- fore. ———— MORTON WRITES A LETTER ON BEEF Tells Packers 1t Mhere 1s # Trust It Should e Placed on the Free List. NEW YORK, May 18.—The following letter on the beef question from Secretary of Agri- culture Morton appears in the National Pro- visioner, the organ of the meat and provision industries: Dear Sir: ing_whether 1 am in favor of placiy on the free list and intend to make a favor- able recommendation to fLe execauve thereon, I will say that I have stated that in case 'of a_combination or trust artificia.sy advancing the price of any commodity I have believed that one of the best remedics was to place that commodity upon the fre list, whether it was beef or auv oth=r or ticle. ‘I have not stated that there was combination or trust which has advanced the price of beef, but have dirccted that an investigation be made 1o detormine If possible whether the apparent exces crease in the retail price of beef was cue to the manipulation of such a con of the large packing houses, As that Investigation Is not vet 1 am not prepared to say what rec tion I will make to the exscutlve and it probably would not. be proper Lr me to s0 long in advance what the recom- mendations of my annual repo:t will be. 1f, as you state, a representative of 3ours has' found that there is considerable de- pression in the business of the western packers, is It not remarkable that they should consider it advisable when business was in that condition to suddenly and ar- bitrarily advance the price of their product and thereby greatly lessen the consump- tion? J. STERLING MORTON, Secretary, TRAIN ROBBERS WERE SCARED . Referring to your letter ing "'rt munenda- Ay maba to Kans City Pussenger Tral Saved by & Fo'lee Patrol. ST. JOSEPH, May 18.—Four Pinkerton de- tectives from Chicago and six policemen of this city, all armed with Winchesters, pa- trolled the tracks of the Kansas City, St Joseph & Council Bluffs road north of this city last night in anticipation of an at- tempted train robbery. A plot had been formed to hold up the southbound express at 3:30 this morning, and the rallroad com- pany, learning of it, had officers on hand to prevent it. The robbers in some way earned that their plans were known and the attempt was not made. The men who were to hold up the train are thought to b long to the gang which killed young Rau the week before last, one member of which was captured and another one killed. B Killed by Falliog Slate. WINFIELD, Wis., May 18.—Charles and Andrew Smith were killed and Robert Smith fatally injured by falilng slate at the Ports- mouth coal mines today, | FROM THE FIE These Personal Rports From Patients, Invallds recelve steady treatment under Drs. Copeland and Shepard for the briefest period necessary to a lasting with- out any tax or assessment beyond a little fee monthly, Including all medicines, all in- cidentals and all etce , to OF AND MAIL PATIENTS ALIKE. Trial treatment FREE to those applying in per- son, a cure, ALL BEGAN WITH CATARRIL, Distressin nia With Patnful Stoms aud Nervous Disease—Cared by the Mall Treatment. Mr. G. H. Barthel, a well-to-do and land_owner of DeWitt, Neb, all over Saline county. After be | through the malis by Dr. writes: farmer , Is known Shepord, he DeWitt, Neb. s old and for elght years ring from catarrhil paiso long time the trouble bothered my head, with the usi symptoms of ob- struction’ and headache. 1 found there was no such thing as comfort and clean- liness in the head while this nasty disease was present. Working down, the allment affected my stomach and bowels, To eat | Uke other folks was out of the question, I felt no hunger, and if 1 did eat the di tress was terrible, for gas and sourness followed with sevére pain and heart dis- After the disease got a good became wakeful at night with dr ms and nervous wor 1t med as if my system was reeking with poison, for the heart, brain and stomach were ‘all going wrong. Then when la grippe came on me all my symptoms be- came more violent. The exhaustion and suffering were o great that 1 knew I could not pull through without a supreme effort of medical skill in my behalf. The Copeland and Shepard treatment just fitted my case, for after a thorough diagnosts by a wonderfully arranged symptom blank [ began the medicines, which did me more good” than any I had used before, and I have taken many in my time. Dr. Shep- ard did pull me through and cured me b, Just that handling which my case needed, nd T will do all In my power to give him credit for his splendld work." H. B 1 am 60 v have been suff ing. For a BAD BRONCHITIS, Radical and Lasting Cures by Trer ment. Willlam Dale, cashier of the De tional bank of De Leon, Texas, year ago for a_symptom blank, took treat- ment by mail for a sevire typ: of bronchitis and was so much gratified with the results that he published a personal reference to his cas Writing again quite recently re- his cure, Mr. Dale says arly twelve' months have now elapsed since my treatment through the mails, and the lasting character of the cure is shown by the fact that there has never been any réeturn of the old bronchial trouble from time to the present. I have the ut- most confidence in your system of mall treatment."” the Man Leon Na- wrote a DISTRESSING ASTHMA, A Frequent Complication of Catarrh—Lasts f Under Correct Trontment., Miss Celia Houck, 225 North 26th street, South Omaha, a well known resident, was uffiicted with ‘catarrhal disease of the ‘bron- 1 tubes, Inducing violent and chronlc thma. Mrs, Houck “Regarding Dr. Shepard's’ effective treat- ment of desperate cases of asthma, I can say that 1 have tried it myself and that I have the same opinion of iis efficiency that everybody seems o be expressing in re- gard to his handling of catarrh and lung For AT ITLLS, A assertion. Black Tonic o4 creates appetite, aids digestion, allays pain. og and produccs vefresh- ing sleep, Itis pa:l ely vvmlvnn fo cureany tline 1f you have not given it trial do so to-day and watch its miraculous powers. T Uhronto sufferers by Drs. Copelana ing treated | *4 This may seem fncredible but it is nevertheless true and we are prepared to prove our urities the blood, requlutes the serves, LD OF DISEASE A WIDE RANGE OF SYMPTOMS I N FIVE IMPORTANT CASES Exemplity the Dally Work Helng Done for 1 Shepnid. trouble and other chronlc allments. “For twenty years I had suffered with catarrh and asthma. My fatler and & brother dled of the latter malady. Cine stant sore throat, severe headaches, loss of appetite—these were a part of my condl« tion. Short breath, with suffocating spells of cough and wheezing were 8o frequent A to wear me out and almost take my life, My lur becama sore fiym the terrible strain and I had little comfort either night or da As my malady went on I des veloped chills and night sweats, with great boilly prostraticn, “Over a year ago I took a course of treatment with Dr. Shepard for my ail- ments, and the result has been entirely atisfactory. 1 find myself entirelv frea rom the asthmatic seizures that for twenty years made me nearly an invalid. M strength and appetite have returned and have been hearty and comfortable with no return of any of my old complaints. Nearly twelve months have elapsed since my tr by Dr. Shepard, and the lasting cter of ‘my cure glves me the most e in his system for the rellef and cure of asthma and bronchial troubles.” NER SISTER'S CASE, to a Patie s Back a Poriy Yoars Mrs. Jennfe Dennls, sister of Miss Houck, whose tement I8 glven above, also lives at North 2th street, South Omaha. 8he says o Bringing Re) g Reac t Whose Suffers of Thirty took treatment from year ago with my sister. My case much like hers, and her statement many ways describes my symptoms. My bronchial ‘cough and asthma, however, had been distressing me fully thirty years and secmed to effect the whole lung substance, We regar our trouble as an inherited one and did not expect to find any relief during our live A brief course of (reats ment with Dr. Shepard last spring brought me entire relief from my lung complaint of thirty years standi 1" have had nearly o whole year to test tha results of his treatment and have been in excellent health despite the prevalling epldemics of Ja grippe and catarrh attacks that were 8o common last winter. My own experlence warrants me in earnestly’ commending Dr. Shepard for catarrh, bronchitis and asthma. CATARRHAL DI A Card From a Business Ly Dr. Shepard a was in FNESS, i Who Was cated Two Yeurs Ago. Probably no_man in Omaha known than Jullus T. estner, printer at 108 South 14th street. ner says this: Is better the _job Mr. Féste JULIUS, T. FESTNER. “Two years ago my catarrh became so serfous as to maie me entirely deaf in the right ear; with choking of the nose, throat and head. Month after month my’ diseass gained on me, until to save my hearing I went to Dr. ‘Shepard, who on one treats ment gave me great rélief, and very shortly rid_me of my trouble and perfectly ré= stored my hearing. The results were prompt and satisfactory and have proven permanent. 1 heartily’ commend the skilk and business methods of Drs, and Shepard.” IRS. COPELAND & SHEPARD ROOMS 311 AND 312 NEW YORK LIFR PUILDING, OMAHA, NEB. office Ho to11a m: 2 to § p Evenings—Wednesdays and Saturday §to 8 Sunday, 10 to 12 m. Copeland m. only, CEES OR PAIXNS, o YOUR DRUGGIST SELLS IT, ! BlackTonic Med.Co. Manufacturers, LOUIS, MO. FHHEDDDIDIDDIDSDDDH CONFIDENCED AN IRISHMAN et on the Other Fellow's Game in a Third + Ward Joint. An Irishman went through the experience yesterday In this city of colliding with a confidence man. He was a genuine terrier from the old sod, and his name was Me- Gowan. He landed in South Omaha In the morning, and before continuing on his way to St. Paul decided to take in the metropolis of Nebraska. He boarded a motor, and while on his way to this city became acquainted with a rather %green individual, or rather one whom he sized up as such. When they got to the city McGowan’s new acquaintance suggested that they visit a li- quor joint, to which proposition McGowan cheerully assented. The ‘‘green” individual steered him into a saloon in the Third ward and while they were sampling the wares an individual entered, whom the green indl- vidual recognized s a friend. Introductions followed and McGowan offered to set them up. The new Individual would not consent to this, but he was perefctly willing to shake dice. He produced three of the ivories, and after several rounds had been taken he volun- teered the Information that he was able to tell the total number of points on the tops and bottims of the dice on every throw. After due deliberation McGowan remarked emphatically that he doubted this statement. “How much have you got?’ queried the new acquaintance. McGowan examined his clothes and dis- covered that he had $45. He was willing to wager this amount that the new individual could not tell the total number of points on the tops and bottoms of the dice, if he threw, The bet was made, the money was put up in the hands of the green individual, the di were placed in McoGwan's hands and the throw was made. “Twenty-one,” shouted the new individual McGowan examined the dice and counted twenty-one points on the top and bottom Whilst he was musing on this marvelous feat, the green Individual and the new indi- vidual politely took their departure. The more McGowan mused the more he came to the conclusion that there might be something wrong, and he carried his woes to the police station. After he had told his story he was informed that on any throw of three dice the points on the tops and bot- toms necessarily figure up twenty-ome. He tried it. Then he evolved several brilliant and burning sentences from his Irish vo- cabulary and started out on the hunt. o oal and Frelght Tra'ns Colll: BOUND BROOK, N. I, May 18.—A col- lison of coal and freight rains on the Cen- tral Rallway of New Jersey near here this morning wrecked both trains. Engineer Buck was instantly killed, and Wilkam San- der, his fireman, terribly burned. The con- ductor of the coal traln was severely cut and scalded. R British Claims from ¥ RIO DE JANEIRO, May 18.—(8pecial New York Herald Cablegram.)—The British claims for Indemnity arising out of the re- gent revolution will be presented tomorrow They make & large total. The minister to Argentina has been authorized (0 negotlate & settlement treaty, CLOSING ITS BECOND YEAR Anniversary of Young Woman's Christlan Assoclution Tomorrow Evening. Tomorrow evening at 8 o'clock, at the Woman's club rooms, will be held the second public anniversary of the association. This closes the work for the year, and not only all members of the association are urged to be present, but every one Interested In the welfare of the assoclation. The following program has been preparedi Devotional Bervices .. v ity Conducted by Mr Plano Duet ... Mrs, Kess Secretary’s Annual R i Annual”’ Excrcises. . Precce 8ystem Physical Culturé ports of Educational Work. Miss Lillian Littieflel Ave Maria.., 3 Gouno Staley, with violin ‘obligato Mr. L, jor ¥ Dunn, Short Addre 3. pin. jor ‘Hal: s—Augusta Cha Ma, . Belected D.D., Hon. John Rush, ford ‘and Rev. 8. B. McCorm Vocal Solo..... S il All members are asked to wear the a clation_ colors. On last Monday evening the assoclation elected the following ladies to fill vacancies on the board: Mesdames Claflin, Heller, enfold, Baker, Nixon and Hanchett, Misses Clayton' and Littlefield. Deep regret was expressed at manent absence of Mrs. J. T. when it was announced that the board had elected her an honorary member the action was at once endorsed by the assoclation. The board of directors has elected the tollowing officers for the coming year President, Mrs. George Tilden; vice presis dents, Mrs. Dr. Hanchett, Miss McCarthy, Mrs. M. McCarthy, Mrs. Nixon, Mrs. Hawes; recording secretary, Miss Nannle Claytony corresponding secretary, H. H. Heller; treas urer, Mrs. H. J. Penfold. Gospel service Sunday afternoon at 4 Misy, the pers Duryea, and o'clock. Subject, “Prayer.” Leader, Nannle Clayton. Mrs, Frank Durbin will sing. e BANDITS RrOB STAGE t, coacH Passongers Made to Stand in Line and Everything Valuable Taken. ASHLAND, Ore., May 18.—Near Klamath Falls the Alger stage was stopped by road agents at a lonely point in the road. Th bandits were masked and ordered the pas. sengers to get out and then lned them by the roadside, Then, while one of the robe bers stood guard over the line, the other passed along and eaw that each passenger turned over his valuables. One passenker was then forced to cut open the mall sacks and the driver was called upon to open th express box. The robbers then drove the passengers back Into the stage and ordered them to resume their journey. The amount stolen 18 not known, but is large. This s the second time within a month that this stage has been robbed, lon Keversed. BOSTON, May 18—The United States court of appeals this afternoon reversed the decision of Judge Carpenter, declari e | Berliner patent invali o