Omaha Daily Bee Newspaper, December 5, 1901, Page 2

m o law od for f and Chier irthe we w0 re procendings according mmend stiee Dissents. Chict Justice Norval follow @istontiog opinfon 1 dissest for the majority m State against Moorcs, Further- more, ihe correctness of the decision in that case {8 not questioned or rafsed in the prist pt. counsel.for, either party in, thl are wiltso. The opinion of the majority establishes 4 bad precedent in declding question not ralsed or argued by counsel 1o the Redell case Judge Sullivan quoting€ from his opinfon in State against Kentiedy, in which he held to the doctrine of res Judicata, Still maintaining these views, atill belleving that all the gov- ernmental powers of municipal corporations confe fram the legislature and are to be foult$only In_living statutes, I could not of dpurse, Ao orherwlee than give my ap- | provél fo the conélusions reached by the | dephriment. | Anaiher Sten In Long Litigation. Thik decikion in e Redell case is simply the latest step In a tomg line of legisla- | tion and litigation -éver the Omaha polics | commigston, - The original law creating the police commission was enacted in 1987 and vested the appointment of the commis- sloners in Jthe governor. | The rearon for | fte cfagtment was tBat it was thought it would tiké the fire Aind police departments out of fbiitics, but sad experience has | whowa that it has hdd rather the apposite vesyT¥ and “fhat the® commission and the dep@rtmants _under ite control have been a foor ball pf polltics almost continuously until the supteme court, three years ago. ruled At 1 goveraménd ‘of the fire and police theringopants Belonged: 16 the- mu nicipality Windér the principle of municipal hame ryle The' firat poffee cdmmission law was sub- | Jogted o, p test cage, resulting in a de cislon T thé supremie court in favor of the apoointees of Governor Thayer, who | was then in the executive chair, Subse queptly,., whep - Govegnor Boyd. the only | dongerafic governor of Nebrdska, under- took th make Appolfitments to the police comniistion oul of the regular time,’ the | supreme court held good the claime of the men appointed by the de facto governor. The republican legislature of 1895, to clip | the, pawer of the populist governor. Goy eriior flolcomb. changed the law to vest | the Afpoinfment of police commissioners (| #n appointing hoatd, consisting of two re publican state officials in addition to the | govgrnor, and waking the governor merely a powerless. minority. This law was up-| held by the court after contentious litiga- | tiog, but simply to the exient of dectding botween Awo sets of appointees, each claim- ing the office under a statute which de prived the people of Omaha of any volce in thatr appoiniment Cnse Setticd a Second When the fopulist legislature of 1867 re- pealed this law and sought to restore the appointing power to the governor, a slmilar confest” was started before the supreme court, but the court refused to eatertain the case because the plaintiff was not in position to raise the point of constitution- ality, iuasmuch as he was claiming, under & Iiw violating the home rule principle. Prei(sely the same as the one he was at- H\'?\llg. Pfnally, acting on the theory of the“law 14fd down by Judge Scott in a cage bhrought before him In the district court, the present Board of Fire and Polico Commissioners of Omaha was created and appolnted by the mayor and coungll In 1568 and another test case brought' pre- seniing the case of municipal home rule squarely. This case, known as the State against Moores, resulted in a decision up- holding the right of the city to municipal homa, rule jn the matter of the appoint- ment pf fire.and palice commiesiouers, as agalnst the intervention of the legislature or’ the Rovernor exercising appointive power conferred’ on Him by the legislature. When the personnel of the supreme court changed two years ago the hope that this wauld change the judgment of the court was used (o induce Governor Poypler to name a new set of‘commissioners, under the law already declared vold, who en- deavored to secure possession by present- 10g thetr claims once more to the supreme coifrt, .. In. this case, known as the State agalust Kennedy, the court agaln con- firmed: the titles of the present commis- sioriers, appointed by the mayor and coun- cil, and declared that thelr right to held under the former judgment could not be dlaturbed. "y . ted in the reaso; ways me. Attorney Conuell's Case, Thé” history and meaning of the present case, known as (ho Redell case, is best told in the language of City Attorney W. | J. Connell, who, after reading the syllabus Iast night, said After reading the opinion of Commis- sloner Alberts, as adopted by the supreme court, in the case of Redell against the Board of Fire and, Police Commissioners, T.am of (he same opinion regarding its na- ture and effect as 1 was when the announce- ment was made as to what the opinion would be, “The points that were considered upon the trial and which were presented by briefs of counsel in the supreme court are dectded in accordance with the contention made on behalf of the present board. The court in effect holds that the existing board—and not the city council, as de- clared by Judge Estelle—has the power of removal for cause. “The declaration by the court in its opin- lon that the governor has the right to ap- point the fire and police commissioners for the city of Omalia and that the provision of the charter conferring such right is valid— notwithstanding the previous declaration ot the ‘coirt that such provision was invalld and ‘an infriugement on the inherent rights of the people of the city of Omaha to con- Auct their own municipal affairs—is mere Alctum and amounts to nothing in this case or in &ny other that can be brought. De- efaring It to be the law In this case that the governor has the right to appolut mem- “bers of the Board of Fire and Police Com- misstoners of the city of Omaha does not in any manner change or affect the final judg- ment whigh was rendered in the original case between the members of the Board of “Pire and Police Commissioners appointed by the governor and the members of such oard appointed by the mayor and council. “Tam clearly of the opinion that the jud ment to which reference Is made is not only ‘mow in force, but whi remain in force for all time to come. Does Not Change Rights .\ "A change in ‘the views of the supreme court regarding what is and what is not law does not change the nights of parties which are settled by final judgment. s I view the" situation, it would be Ittle short'of a 'farce for Governor Savage, under the declsion just rendered, to now appojat members of the Board of Fire and Police Commissioners for Omaha. “After judgment was rendered in the e What are Humors? They are vitiated or morbid fluids cours- fng the veins and affecting the tlssues, ‘They are commonly due to defective diges tion Mut sometimes inherited. How do they manifest themselves ? In many forms of cutaneous eruption, salt rheum or eogema, pimples and bolls, and in weakness, languor and general i ity. 5 :%’mnm expelled? By tood’s Sarsaparilia bich also builds up the sysiem that bas Ry It is the best of all medicines for al) t 11 then kpew THT OMANIA DAILY BEE: THUR DAY, DECEMBER 5, 1901, T 7 |original case, to which reference s made, | Governor Poynter undertook to do pre this thing. on the theory that the political complexion of the court had changed and that the law, as declared in the original case, would be changed ac cordingly When Governor Poynter s members de manded poss from the members ap pointed hy the mayor and council, the lat- ter, politely but firmly, turned down their | request. As the result, quo warranto pro- ceelings were a second time instituted. | Again the fight was on between the mem bers claiming under the appointment of the governor and members claiming under the appointment of the mayor and council as 1 know now, that with re- | gard to the main question involved, namely, the right of the governor to appolnt, the | declaration of law as made by the supreme court in the original case would be held not 1o be in accord with the views of the | court as at present constituted. T therefore made no coptroversy in the second ca over (his question, but insisted, as I now insist, that the judgment rendered fn the original case was final and res judicata. | In this contention I was sustalned by a | congress 'FAVORS NICARAGUA ROUT E | Uommission Bubmits te Congras it of Its Investigations. | | 1S ‘MORE ADVANTAGEOUS TO COMMERCE | Panama Canal Conld Be More Cheaply d. hat Wi ed for Conc o Constrae Price s Dema Company. | | WASHINGTON, Dec. 4.—The repor Isthmian Canal commission oday. The commission an- ticipated spveral weelis ago, favors (ho Nicaragua route and makes an estimate of | as total cost of construc tion of the canal through Nicaragua. The | estimated of the Panama route Is placed at $144,.233,358, but, the report says it cost $100,141.000 to obtain the of the o was sent to | the cnst | | very able opinfon written by Judge fullivan and concurred in by Judge Holcomb and | Judge Norval | Judge Sullivan's Former Views | “Judge Sullivan in his opinion fndicated | his views and the views of the mafority of | the court as being against the law as de- | clared in the original ense, but reluctantly | was compelled 1o concede the proposition that notwithstanding the law, according to his ylew, was wrongly stated, the judgment | which was rendered was final and was a bar | to afl like future actione. | “It"Is apparent_ from what 15 stajed that | a like contention on behalf of the members of the present board regarding the finality | and. conclusiveness of the judgment in the | orlginal case would agein be sustained by | the supreme court | Should Governor Savage assume to ap- voint membere of the Board of Fire and Po- lice Commissioners he would merely be re- peating what his pfedecessor, Governor Poynter, once did and tbe result, with ref- erence to his appointees, must be the same as was the result in the case of the ap- polntees of Governor Poynter. “Should Governor Savage make appoint ments a demand would have to be made by his appointees on the members of the pres- ent existing board for the offices held by them, which demand, undoubtedly, would be refused, and thereupon it would he neces- #ary for the governor's appointe to com- mence quo warranto procetdings. Ae indi cated, the result in such case must neces- | sarlly be the same as in the case. of tho appointees of Goyernor Poynter, and our district court would be obliged to follow tho declsion of the supreme court sustain ing the plea of res judicata. Upon appeal the supreme court would be obliged to fol- low its former opfnion What Becomes of Redell. | “Now with regard to the action to be taken in Redell's case. Charges are ul- ready preferred against him and filed with the Board of Fire and Police Commission- | ers. The decision of Judge Estelle s re- versed and there s nothing to prevent the present Board of Fire and Police Commis- stoners from proceeding with the. hearing of such charges. It ls recognized by the opinion of Commissioner Alberts in Redell’s case that the members of the present board are de facto members and as such authorized to act. Undoubtedly the board will cause notice o be served on Redell to appear for hearing at some convenient time in the near future. If the charges are not eustained Redell will be exonerated and will agaln be chief of the fire department. On the other hand, if-the charges are sustained he will probably be removed. “I do mot consider the opinfon about which 50 much of a furore was created cuts any substantial figure in the future admin- istration of the firo and polce affalrs of this city. The present board will continue to discharge its duties and as vacancies occur they will in the future be flled by the mayor and the council. “1 regard this' to be the true situation, not only for the present, but for all future time, for the reason as stated that it is the judgment that dotermine’ the rights of tho members appolnted by the mayor and council and not the declaration of law which i« subject to change with every change in the political complexion of the court. Where the Mayor Stands. Mayor Moores sald: ““The Board of Fire| and Police Commissioners will ask for a| rehearing. That will probably be denied us, but we are allowed forty days in which to make the application, so before that time expires the governor cannot appoint a board or remove us. “That ‘will give us plen of time - in which to try Redell, and you can depend upon it, we'll do it. We will have him up very soon. Governor Mavage Out of Stete, Governor Savage s in Chicago and there was nobody in Lincoln last night to speak with authority as to what course he will pursue In the light of the court’s decision. As the case has been remanded for further proceedin, it Is not likely that he will take any action until a final judgment is reached. GOVERNOR SAVAGE HURRIES Anxious to Get Back to Nebraska to Connider A New Board. CHICAGO, Det, 4.—(Bpeclal Telegram. Governor Savage of Nebraska was attending the live stock show today when a telegram announcing the decision of the state su- preme court in the Omaha police and fire officlals’ cases was received In this city and when he returned to the Great North- ern hotel he was handed the mes: He read the dispatch and then told a number of his friends that he intended to leave on the first train for Omaha. Commentlhg on the decision the governor said: “I was here to attend the live stock show | at the stock yards and really djd not ex- pect such a d jon so soon. I will re- turn as so0on A& & train cpn get me there aund will begin to think of my appointments at cnce. However, I don't intend to ap- point any politiclans for the place. The places must be filled by good, honest, re- lable men, who have o interest except for the benefit of the city and state. This law may chai the status of police and fire appointments over the United States. That was one of the Intentions of the bill. 1 hardly thiok it will be contested in any way to any further extent.” ENGINEER AVOIDS DISASTER Tr n Wreckers Folled in Attemp Diteh the Fiyer. BEVERLY, Mo., Dec. 4.—Burlington rall- way detectives are in this vicinity investi- gating the wreck of the B. & M, fiyer at this place last Thureday and evidence has been found that & dastardly attempt to wreck the fast Denver-Kan: City train was made. The switch lock and lamp had been stolen. The traln was golng at the rate of sixty miles ap hour when the engineer no- ticed the lamp was out and slowed down The engine and mail car left the track and went into the ditch, but the coaches re- mained on the track and fortunately no pas- The estimated time for a deep draught ves- | Panama concession. The commission values the work done at $40,000.000. The report ays the Panama route is feasible as a sea level canal, while the Nicaragua route m be by locke, but Lake Nicaragua will fur- nish an inexhaustible supply of water for the canal. The Nicaragua route has no natural harbors at elther end, but satis- factory harbors may be constructed. Har- bors already exist at each end of the Panama route, but considerable work must be done at the entrance of the harbor on the Atlantic side.. With adequate force and plant the commission estimates that the Nicaragua cana) can be completed in six years, exclusive of two years for prepara- tion. Ten Years is estimated to complete the Panama route.. The fotal length of| the Nicaragua route is 183,66 miles and the | Papara route 4909 miles. The ostimated | cost of operating and maintainiog (he Nicaragta canal annually $1,350,000 greater than that of the Panama canal sel to pass through the Panama canal Is twelve hours and through the Nicaragua | canal thirty-three hours. Advantage of Viearngua Route The Nicaragua route, the report save. is | more advantageous for commerce save that ofiginating on the west coast of South America. For the gulf ports the advantage & two days, and for most of the ports on the Atlantic and Pacific one The Nicaragua route id to be better for allihg vessels ceount of favoring winde. Hygienle conditions also favor Nicaragua The commission says the United States should acquire control of a sirip of terr! tory ten miles wide from sea to sea, | through which to build the canal. Tho con- sent of Nlcaragua and Costa Rica must be obtained to bufld the canal, but the report saye this can he easfly secured. The con- cossions granted by the Colomblan govern- ment to the Panama Canal company have many years to riun and new concessions cannot he granted the United States The report concludes as follows: “After considering all the facts developed hy the investigations made, the actual situation as it now stands, and baving in the terms offered by the new Panama Canal company. this commission is of the opinion that the most practicable and feasible routo for an isthmian canal, to be under the control, management and ownership of the United States, fs that known as the Nicaragua route.” Minority Wants George S. Morrison, a member of the com- mittee, submite a minority report tavoring | the Panama route. He says the estimates for the Nicaragua canal do not make suffi- clent provisions for unknown conditions and contiugencies. No consideration, be says, has been given to accidental interrup- tion of traMc by Nicaragua, which, he thinks, would not be so likely to oceur at | Panama. He believes that better conditions and terms can be arranged through the acquisition of the Panama Canal company's rights than by any negotiations with Nica- ragua and Costa Rica. The government, atter securing the rights, he says, could negotiate direct with Colombla for the right to construct the canal. He closes by say- on 'anama Route. Panama route has advantages over the Nicuragua route in cost of construce tion, in cost of operation and in conven- fence when done, while its use is less likely to lead to local International complications. If the United States government is te bufll an Isthmian canal the Panama route is the | best.” SENATE'S BUSY GRIND (Continued from First Page.) “to provide for the exclusion and deporta- tion of allen anarchists.”” The first sec- tion of the bill 1s as follows: “That no alien anarchists shall hereafter be permitted to land at any port of the United States or be admitted into the United States, but this prohibition shall not be €0 construed as to apply to political refugees or political offenders other than such anarchists. The #econd sectfon directs the special board of inquiry authorized by the immi- gration laws to make diligent Investigation concerning the antecedents of any allen secking admission into the United States who 1s suspected of being an anarchisi thorizing the board to even go {o the extent of examining the person of suspected aliens for marks indicative of membership in anarchistic societies. Section three pro- vides for the return of persons to thelr native countries who have secured admis- slon to the United States contrary to law and who have afterward been found to be anarchists. The fourth section provides that when any allen is convicted of crime in the United States court and it shall appear from the evidence that he is an anarchist the presiding judge shall direct a further hearing and if the judge is satisfied that the convicted Allen is an anarchist or that his remaining in this country will be a menace to the government or society in general, he may direct that in addition to other puniehments adjudged the con- victed alien after undergoing such punish- ments shall be deported at the expense of the United States to the country from which he came, and if he returns to the United States shall be punished by jm- prisonment at hard labor for a period not exceeding five years, and afterward again deported.” Provision is made for the appointment of twelve immigration agents at a salary of $2,500 each to make investigations in foreign countries concerning intended im- migrants. The sixth and last section of the bill provides that “the fact that an allen bas declared his intention to become a citi- zen of the United States shall coustitute to proceedings against him under That Anti-Trust Bl Senator, Aldrich introduced a bill au: thorlzing the comptroller of the currency to extend for a period of twenty years the charter of any national banking associa- tion extended under the act of July 12 1882. The extension applies only to cor- porations desiring to coutinue their ex- Istence after the expiration of existing charters. This bill paseed the house last session, but did not get through the senate and {s reintroduced ngers were seriously injured. It s ru mored that arrests will likely follow, Arkansas the antl Senator Jones of without amendment, introduced trust bill, %l | which wonute. Senatol ton bilL, jor the writing requires quired to troduced Two bills looking to the construction of op istbmian canal via the Nicaragua route introduced were That t be, and from. or either | United 8ta portion Costa Rica and sirable and ate, col pacity draight revion, ragl The other bill was introduced by Senator Perkins and provides for a perpetual lease the United States of the right-of-way across Nicaragua and Costa Rica and con- mwilitary, control of the canal route by the United by fors States. 000,000, of which sum $12,000.000 is to be expended mission is to be appointed by the president to have charge of the canal, the members commission (o be - selected from Qifferent parts of the United States and to be paid $10,000 salary each per vear. commission Is to have its headquarters at Nicaragua, with a branch office in Washington, gineers also is authorized. of the Riva provided Canal and to contracts | by a majority commission Is to report semi-annually to president counts of its transactions. provided that no commissioner or employe thh shall be nected with the construction of the canal. | the president of the in the The bill United methods passed session of congrest and | the states States the route adopted for the canal the house but during the failed to v . pre admission of immigrants tert 1w reviewed and the new bi that the immigrants shall be te 0 be able to read by Senator civil ‘service regulations to WMorgan's Canal BIl) n the senate he president of the United Stat is hereby authorized, to acqul to eonclude agreements with of Costa Rica and f them, for and in behalf of th for the twll control of sucl territary, nc belonging JoATARIA, A% May necessary on which to exca nsiruct, goyern, regulate, polic of { and protect a canal of such depth and ca- for the move. ments of ships of the greatest tonnage and point near will be sufficlent now i use. from a on the Caribbean sea, via Lak 14 sary rights, privileges and sucl reby appropriated artisan Commisnion, police and sanitary polies It makes an appropriation of $120, annually. A nonpartisan com Thiy The of en is furtbe appointment 1t that the eanal The commission pro supervise not their performance, th to be legal unless ratified of the commissioners and to keep accurate ac interested in any contract con authorizes to make minor change and of its copstruction. Senator ,Allison's Committee, Senator Allison named the following com- acccordance with the resolution the republican berehip of the committees of mittee of Platt &AD, fornia, Wroming. of in Proctor of Vermont, Nelson of Minnesot caucus to select mem: the senate McMillan of Michi Perkins of Call Warren ol Kean Connecticut, Fairbanks of Indian of New Jersey, McComas of Maryland New Bills Bills w as follow By Sen. territoria ferring J n rights. By Senator Kl New Mexico a By Japan By Sen: cration ¢ crease_the By Senafor Foster—For a committee of five to Investigate trade relations with the Orjent 3y Senators Nelson and McComas— a bill for the establishment ment of ¢ By By Sena controversies Senator bureau perima Introduced, ere 5 ator Stewart 1 judges by the people and con urlsdiction on the federal over o state. Senator Gallinger—For a committee | to report on the commerce of China ard | ato hton Lodge-To prevent the dese the American flag and to in y_of letter carrlers, sach of a depart commerce. Hale. )t ator Money—For o make the abandoned property. By Se nator Vest—Creating a nationa bureau of criminal identitication. By Senator Culbertson—For the equitable distribution of the water of the Rio Grande between river Mexico. By Senator Dolliver—T the United States repeal the bank ruptey law By Ser o 1o Senator nks to tor Perkins—For the laying of a Inwall and the Philippines. Nelson-Subjecting national the usury law of the stales In which they ere located. By Benator Tiliman—For the use of a por- the sale of public ds in the maintenance of schools of min- n of t Senators Mitchell election of senators by v By Se the oblix commenc ress: fixing the salary of the vice presi- ent at $15.000, of the chief supreme he proceeds ¢ nd Berry—Ic te of the people. ator Hoar—Bills for the making of for amendment to the constitution respecting the succession ations of all banks uniform; to the presidency and and ement termination of con. court _at $15,500 an, Justices at $15,000. By Senator Foraker—Granting free mail- ing privileges to Mrs. McKinley, widow of the late p By Senator Burrows-—Pgovid stitutional United States senators by the people where state legislators fail to elect; also a con- al amendment changin for the inauguration of the president from stitutio president. g for a con. election ol amendment for the March 4 to the last Thursday in April, By Senator Frve—His old biil reformation of the revenue cutter merv- lce: llb[:r?l‘lh“" y puts lhlll N"l'\’h" on the sl8 as the navy in the matter of retirement and in other matiers of detail, | t0_the Advertiser SENATE ONLY BODY IN SESSION The Early B of Executive Comm same WASHINGTON, Dec. 4.—The senate was the only congressional branch in session to- day. The early busines executive communications, One of them, from the attorney genmeral, for th 1 ea mainly forma! e ——— ] A Case Where Memory Was Strengthe Food that will actually help the memory as well as agree perfectly with a delicate stomach A good wife out in Alta, la., w ay to turn to get food that would agree with her husband, who was left in a weakened condition after a serious ill- ness and could scarcely retain any food in his stomach, was one day Induced to try ready- cooked breakfast food, and from the first three know which him ou he be MEMORY FOOD. ened by Grape-Nuts is worth knowing of. GrapesNuts, the famous n to improve rapidly. In months he had gained thirty pounds She #a. 50 mpletely thag his stomach has recovere that he cam now eat kind of food. She mentions the boy of an intimate ac- thin that his appearance was pitiable, and he bad no appetite for any ordinary food. was put on Grape-Nuts and liked the crisp- ness and sweetish. taste of the new food and D at once quaintan, took 1it. and he | “I know that Grape-Nuts will do wore for The claim that it will bulld up and strengthen the brain has been proven knowledge. press and is tompelled to memorize a great deal, has been using Grape-Nuts and says she is surprised at the result weak st marked who was so delicate and His improvement b s now a healthy, plump boy. omachs than any medicine, Slster, who writes for There is improvement in her better results. “Please do not publish my name. ¢an be Lad., Bat given by the Postum Cereal Co. tle Creek. Michigan. last pass the Lodge reintroduced his immigra 1ding for an éducational test The | Avother bill in Lodge is his old meas | he would ire for the reform of the consular service, | { applying | #ppointment of United States consuls the The first | ;-v{ these was presented by Senator Morgan | | and is as foljows aragua he de- (o Breto, on the Pacific oceani h sum as may be necessary to ®e: shall be of the dimenstons recommended by the Isthmian commission. posed Is empowered to make all contracts The 1t is explicitly introduced by senators today For the election of | courts | irriggting water kins—For the admission of | census revival of the act in force after the civil war concerning and the ustice of the of assaclate day ess Includes a Flood included a flood of did not any He 10 my certain the momory and the brain works more perfectly and with Name i ,-ul‘m\v*r-l the laws of lish and Spanish, a congress When Mr. Hoar sought consideration of certain pension bills Mr. Morgan (Alabama), objected, remarking “There is too much slack on pensions and 1 would Iike to tighten it up a little ! Mr. McComas of Maryland gave notice that address the senate at Its#next session concerning aesauits on the presi dent, deportation of anarchists, ete Ver | of Missouri offered a resolution proposing an inquiry by the committee on judiciary as to the powers of congress to deal with anarchy, to suppress the teaching of an- | archy and to provide # penal colony for | convicted avarchists. The resolutions ani anti-anarchist measure by McComas are on | the senate table open to early debate | Tillman of South Carolina secured the pas- | sage of the house resolution admitting free of duty foreign exhibits to the Charieston | exposition. At 2:10, on motion of Cullom. o |the semate went into executive session At 2:34 the senate adjourned . | *[TAXATION OF BANK CAPITAL Decision from Internal Revenue De- o partment fmportant to Bankers, Eng- Ia Porto Rico in ordered by the to advance the n | h, h Dec. 4.~The commis revenue has rendered a decision in which he holds that bankers must return for taxation capital, surplus undivided profits and borrowed money used | in the business of banking. The commie- | ¢ | sfoner holds that capital is taxable whether Invested, as in the case of the United States | bonds, of the bank building or circuiating @8 In the case of money, including money borrowed; also surplus, including’ undi- undivided profits | ‘In providing that surplus shall be in-| cluded as capital” the declsion says, “it| 18 obviously the purpose of the law to have | one tax imposed apply to all money used or employed by bavks as capital in carrying on their business. “Money borrowed by banks and used as | ¥ | capital is held to be taxable and it {s clearly | no less llable to tax because of the fact | tbat it is borrowed by a bank from its own - | undivided profits, “The fact that surplus so used consists wholly or in part of undivided profits, or 11that such undivided profits have or have not been formally been set apart for such uge seems wholly immaterlal so far as the purpose of the act is concerned. It is the uee and not the authority to use that brings such profits within the taxing pro- visions of the act. ‘Banks should, therefore, return for tax ation the capital, the surplus fund, their undivided profits or other profits and lass account, except so much thereof as may be | netually necessary and has heen set apart to meet liabilities and losses or {0 pay dividends actuully declared by the directors of the bank, to pay taxes or 1o pay fixed an- nual charges such as salaries and other necessary expenses.” WASHINGTON aloner of internal :|IN TWO YEARS OF PURCHASE : Decision As (0 Redemption of Docu- mentary Internnl Revenue Stamps. | WASHINGTON, Dec. 4 the comptroller of the treasury, has decided that the mct of May 12, 1900 prohibits the allowance of any claim for the redemption | of documentary internal revenue stamps un- less presented within two years after the purchase of the stamps from the govern- | ment. i | The question raised was whether the two | - | vears should ryn from the time the stamps were purchased by the person applying for their redemption, or from the time they were originally purchased from the govern- | ment | MILITIA Four Men W Mr. Tracewell, | GUARDS ~ STRIKERS unded in Riot Between Miners and Of- fiel RICH HILL, Mo, Dec. 4.—Two small riots here today, {n which striking miners and deputy sheriffs were the participants a | resulted in the serious wounding of four | || men. Sheriff Joe T. Smith of Butler, Mo.. 1 | was seriously injured by being struck with a sling in the hands of one of the strikers. Walter Valentine, a deputy sherilf, shot two miners and was himself shot. The coal miners in the Rich Hill coal- flelds wont on a strike about ten days ago. The strike arose over a demand made by | union miners of the Rich Hill Coal com- pany for a check-welghman. The com- > | pany's superintendent was willing to con- cede the demand only under conditions which the miners would not accept. Many deputies came here tonlght and more trouble is feared. ; |[FATALITIES IN RACE RIOT Whites and Negroes at bama War in Al Communication Shut om, MONTGOMERY, Ala., Dec, 4.—A special from Andalusia, Ala., say Word has just reached here that a race riot followed the killing of Fate Atkinson and J. W. Dorfey by a nergo at Opp this evening. Two negroes have been found dead The officers thero have wired here for the sheriff and dogs and have also wired to River Falls for dogs. A posse is being arganized here to go to Opp at once. No more news in expected tomight from Andalusia or Opp, as the telegraph offices at both places are closed ENDOWMENT FOR BRYN MAWR John D. Rockefeller G Mundred Thou, dition, 1. s Over Two nd Con- ¥, PHILADELPHIA, Dec. - 4~RBryn Hawr college, for the higher educatlon of young women, has been offered a gift by John D, Rocketeller, who agrees to contribute $230,- 000 for certain specified improvements, pro- vided that on or before commencement day in June next year the further sum of $250,- 000 shall be ralsed to complete the projected work. The president, trustees and alummac of the college have been trylng to raise $250,- 000 for a new library building, $130,000 for @ new dormitory and $100,000 for & new lightiog and heating plant rd Armours Ruy Fi ST. JOSEPH, Mo., Dec. 3.~(Speclal Tele- gram.)—The Armours of Chicago have for two days had representatives in this city purchasing ground across the Missouri river in Elwood, untl today the last transfer was made. The Armours have secured more than 200 acres to be used for packing house purposes, It Is expected that a bridge will be erected across the Missourl river di- rectly south to the yards In South St Joseph. The Chicago, Rock Island & Pa- eific rallway today closed deals for more than 200 acres of land adjoining tha' pur- chased by the Armours. The purchase a| Prices are kept secret To Cyre vold in Une Day. take Laxative Bromo Quinine Tabiets. All druggists refund the money If it fails to | this, With Seam, ny ASTORIA, Oy The fate of the British ship Nels Queenstown with whe day as having turned turtle last night and gone to the bottom with its crew of twenty eight men, cannot be known until tomorrow Dec. 4 still afloat which search fall given up as lost it 1s still safe, but gravest fear Nelson sailed with a grain cargo. It encounte gales which prevailed early in the w and on Monday evening was sighted off the right in & disabled condition. Tuesday It the to find there is cause for November 20 lila and Tatoosh. Wallula returned to port for fuel, Tatoosh starting north with son, when a heavy gale came up. At 9:47 last night, during the h the steel cable parted and Nelson suddenly disappeared belfef that it had capsized the until noon today. of the ®bir was found Captain Bailey of the Nelson iy wafe and that it will show up to- morrow. e thinks it has made for Puget sound, while others are inclined to the be- et that Captain make for the Columbla river ried a erew of twenty-eight an old wooden vessel Captaln George W. Woode. the bar pilot was to have been placed aboard the ship Iast night, but the weather was oo rough to permit it. Captain Woods says, Nelson went over between 10 and 11 o'clock last night during the height of the gale. Fol- lowing fs a partial list of the crew: Cap- tian Perriam, First Mate Strachan, Sec- ond Mate J. J. Tillsley, Seamen Vicmar, M. Peterson, Lars Peterson, D. Beste, A. Jo- hansen, J. Jensen, J. F. Larsen, L. Torell John Meally, J. Ericksen, J. Burch, E. Shechan, - Queenstown; Apprentices W. Terry und J. Beste, DRIVEN ASHORE BY STORM Puge Nelson car men. It was Large Sternwheel is Caught Gale, in Filerce CATTLE, Wash,, Dec. 4.—The steamer Clara Brown, of the largest sfern- wheelers on the sound, was driven ashore at Alki point last night at 7 o'clock during the gale which raged all night In trying to round the point on its usual | trip to Seattle from Tacoma the steamer became completely erel times unmanageable and sev- in imminent danger of foundering. It finally drove upon the beach half a mile south of the point. The pas- sengers jumped overboard and made their way ashore through the surf. The gale has continued all day and the boat has been badly smashed, but will probably be eaved unless the gale becomes much worse. was BARGES MISSING IN STORM tant T Vessels with Their Finally ST. JOHNS, Dec. 4.—The tug Gypsum King, in command of Captain Bliz- zard, arrived here today with one steel Yarge in fow and reported that Gypsum Quéen broke away from the tow six miles off Point LePreaue in the Bay of Bundy. There are grave fears that the barges, with their crews of five men each, are lost, though the captain has hopes that, as they are schooner rigged and fitted with safl they may have been able to make through the storm. The lost barges are wooden, of 1,100 tons net. Each carried about 1,000 tons of gypsun GOES OVERBOARD AND DROWNS Lumber Barge Crew Narrowly ¥ Death, While Boat | Wrecked. NEWPORT, Ore, Dec. 4 The lumber barge C. H. Wheeler, from Nehalem for San Francisco, with 552,000 feet of lumber, drifted ashore and was wrecked two miles south of Yaquima bar today. J. W. Cole, the colored cook, was washed overboard and drowned. The other members of the crew were almost exhausted when rescued by the lifesaving crew. The barge Wheeler wae lost off Cape Blanco in & storm with the tug Vosburg November 27 and has been drifting ever since. By their fruits ye shall know them.” The way to eud @ of the yalue of any medicine is by its cures, = Apply thi test to Dr. Pierce's Favorite Prescription and it is at once lifted high above all other put-up. medicines designed for the cure of womanly diseases, Chronic forms of disease which local K_hylldllll bave failed to cure, and which have yielded to no other treatment, have been perfectly and permanently cured by the use of Dr. Pierce's Favorite Prescription. It establishes monthly regularity. It dries debilitating drains. It heals in- flammation and ulceration and cures female weakness, Mrs, Shopshire, of Ballou, Shelby Co., Ohio, writes : My mother had an ovarian ' tumot which we thought would result in her death, Dut we had read your advertisements and we commenced using your ' Favorite Prescription.' We got one dozen bottles to commence with, sand fore she had taken three botties she began to improve ; she is living to-day and we have given your medicine l{' credit. My mother was sixty-six years old when the tumor commenced to grow | she s seven d the tumor is all gome. She had gotten wiully Invu and her limbs began to swell before” we gan to use your ‘Pavorite Pre. scription.’ ., | cure. B. W. Grove's signature is on each vox. 28¢ 1 Dr. Pierce's Pleasant Pellets cure bilis ousness, Terrific Sterm on Pacific Oreates Havac NELSON WITH ENTIRE CREW IS MISSING | and Sank, a steel vessel bound to | {, reported early to- | By that time it will probably be sighted if institute will doubtless be The tugboat people think the England 1 the | ek mornfog it wae picked up by the tugs Wal- | ght of the storm. lights of leading to the The tug Tatoosh searched all night and but not the slightest trace Notwithstanding tug belleves Perriam of Nelson will BRITISH SHIP MAY BE L0ST| KIDNEY TROUBLES. Mrs. Louise (Gibson Says That This Fatal Disease is Fasily Cured hy Lydia K l'lnk{llll'! Vegetahle Com- pound. - DEAR Mns. Pramias : 1 felt, very discouraged Lwo years ago, I had suf: fered so long with kidney troubles and other complications, and had'taken so much medichie without reief that I began to think there was no hope for me. Life looked so good to me, but what is life without health ? 1 wanted | to be well. | | | 1! MRS, LOUISE M. GIBSON ' “Lydia Pinkham's Vege- table Compound cured me and made me well, and that is why I gladly write you this, and gladly thank you: | six bottles was all I took, togethe with your Pill My headache and backache and kidney trouble went, never to return ; the burning sensation I had left altogether: my general health was so improved I felt as young and light and happy as'at twenty." —Mns. Lovise Ginson, 4813 Langley | Ave., Chicago, 111.—85000 forfeit if abo testimontal Is not genuine. 1f you feel that therp is anything at all unusual or puzzling about your | case, or if you wish canfidential advice of the most experienced, write to Mrs. Pinkham, Lynn, Mass., and you will be advised free of charge. Lydia E. Pinkham’s Vegetable Compound has cured and is curing thousands of cases of female trouble. _A Benav;lom Entomrlsb Is the British Medical Institute at 438 Board of Trade Building—1It Gives Three Months® Services | Free to All Invalids Who | Call Before Decem. | ber 9, 1901. | A staft of eminent physiclans and sure geons from the British Medical Institute have, at the urgent solicitation of a large number of patients under thefr care in this country, established a permanent branch o the Institute in this city at | Cormer of 16th wud Farnam Streets | Room 488-489 Board of Trade Bailding. These eminent gontlomen have decided give thelr services entirely free for (hre months (medicine excepted) to all lnvalids who call upon them for treatment betweei now and December 9. These services consist not cnly of con- sultation, examination and advice, but alsu of all minor surgical operation The object in pursuing this course is to become rapidly and personaliy gcquainte with the sick and affiloted, and utder nu conditions will any charge whatever b made for any services remdered for three months, to all who cals before December ¥ The doctors treat all forms of disemsy | and deformities and guarantee u cure every case they undertake. At the firs interview a thorough examination 1s mude and, if incurable, you are frankly an. Kkindly told s0; aiso advised against spend- ing your money for useless treatment. Male and female weakness, catarrh aic catarrhal deafress, also rupture, goitre cancer, all skin diseases, and all disease: of the rectum are positively cured Ly theis new treatment The chief assoclate surgeon of the Inst tute Is In personal charge. Office hours from 9 a. m. till § p, m. No Sunday hours. SPECIAL NOTICE=Uf you cannot cal wend stamp for question blank fe home treatine; "l 1y And pronerve her beasty. A Read o haies 3ne ot the hghewi charm Imperial Hair Regenerator reatores Gray or B nataral colot ar 8 to soy . Itle lur able, and ONE APP ou'l.gf:‘- 7] mfimuom'i Sam) ufln-lr Bend for Pamp) Imperial Chemical Co., 15 W. 2d 8t,, N. ¥ Ar W|I; W;m‘gn AMUSEMENTS, Woodward & Burgess BOYD’S AST TIME TONIGHT. he Comedy Opera SBuccess ‘“KING DODO.” Prices—Matinee, %c, Gc, 7, Night 25, s0e, 7o, 1, $1.50. h ¥ Saturday Matinee and Night, TIM MURPHY in ‘A CAPITOL COM Prices—Matinee Ze. §c, Toe, § 3150, : Night, Heals on ‘sale now. CREIGHTON Telephone 1531, Matinees Sunday, Wednesday and Satu:- Aay, £:15; Kvory BEvehing, §:15 HIG LASS VAUDEV Faust Family, Tharne & Carlston, ¥ Lylton & Co.' Mignonette Koki i eiger, Mitchel & Bernard, the marvilo.s Kinodrome Prices 10c, 25¢, S0c. Wiagp'sTrosadare,, """ Al Week, Excepting Saturday Aftornoon and Evening THE VICTORIA. BURLESQUER THE,_BEST SBHOW OF TIE SGASON EVENING PRICES: 106, 200, 800 - SMOKE [ YOU LIK - Next Sunday Matinee, the | Renowned ————CHERRY SISTERHS e éOLISE U Matinee and Evening. “THE KILTIES" ' Crack Military Bend Collseum will be heated and ventilated Reserved seats on #ale at Douglas 1’ B55T8 Foward strget. © 2 usle® Frinting M December 10th, The Sal vat'ic')fir K;;n! Boyd's Theater, Friday, Deo, 4, N Light in Darkness’ A lecture by Commander Booth:Tucker, Tickets 2 nd 1be a1t hox oM | Davenport . tRet. ¥ Hohgs by "hat | best " solotsts, r 100 Army {