Omaha Daily Bee Newspaper, May 22, 1902, Page 2

@nd determine, ta give judgment establish. dag the relator’s right without fissuing @ompulsory process to the respondent, Whether he be thé chief magistrate or some HLhOr member of the executive department K s seems to be no good reason for hold ) that one member of a co-ordinate neh of the government should be ex- $mpt from judicial control and the others wubject to it. The principle of exemption %rom mandamus is grounded on a distinct gonstitutional inhibition and does not at all @eperid upon official rank. “Our own decisions make no distinotions between the governor and the other officers of the executive department; whether the writ should be-granted or refused has been WA In every case to depend upon the character of the acting. question and not upon the office of the respondent, The ai #ument that the judiclary in fssulng a man- damus against a member of the executive ch of the government is thereby in- directly and in violation of the constitu- tion, exercising a power belonging to the executive department, bas never appealed convineingly to this court. In numerous cases the writ has gone against the auditor, and the right te’ issue it to any officer of the executive department, including. the governor, 1s so thoroughly established by repeated decistons that the ‘question can be Do longer regarded as open for discussion. Time to End It “All judicial controversies musi end sométime and this one sepms to have run Ats cour: It must be eording fo the clear weight of ‘authority, Xhe chlef exacutive cannot under any cir- cumstances be captrolled by the writ of mandamus, but in this state and in some other furisdictions w Gifférent rule prevails. ‘The @octrine of this court is that when a law o ‘positive terma. epjoins upon the governor or any other of the executive de- partment a miers ministerial duty, leaving o cholce op diseretion in regard to the matter—no judgment fo ‘exercise as to whether he will or will nat act—the writ of mandamus may iesue apd. its’issuance 16 an appropriste exereise of judiclal power. “In the Stete mgainst Thayer - (81 Ne. 82) » wandamus was issued against the governor and ather executive officers, constituting the State Board of Canvassers, commanding them' to canvass the votes cast for the relator as a caBididate for judge of the Sisth fudicial district. 5 6 to be conveded that the re- 1ator # sufMclent interest in the per- (forman¢s of the particular duty enjoined by the atatute to entitle him to maintain this procdeding if the court has jurisdiction to ™ maintain it; And it is evident that the re- fusal of‘the gavernor to discharge the duty of appointig: Arecatd police commissioners for Omaha was not enced in any degree by the character or quality of the act which the law In imperative terms directs him to perform. In other words, t! sition taken by the respondent 1s not defended on the ground fhat the appointment of commis- oners would not be the performance of a ministeripl, duty. The defense rests upon broader grounds. It is that there is no authority in the court to coerce the gov- ernor in any case or under amy circum- afoen to exercise an executive power. “The -conclusion to which we are com- pelled by our own decisions is that we have t oply jurisdiction. to decide the contro- ‘versy, but autbority.to jssue the peremptory writ to.enforce our decision. Whether the peremptory writ should actually issue in a case -of -this—kind ‘is a question of great lieacy and one which we do not here decide. XA Judgment 1s Final, “The second proposition discussed by s decided in the Kennedy case we think, decl ghtly. The of res judicata is that a question once determined by & judgment on the mer. 1ts s forever settled, #o far as the litigants and those in privity .with them are cou: cerned. The question decided is, while the decision standa, &.sealed and closed ques tlon, the final judgment, centence or de cres, fixing the rights of the parties, ends the controversy and is in any future litiga- tlon conclusive ence of those right: but insist that it bas no application to a case in whigh & gn state is seeking to enforce obeditnge to its la: words, counsel confend that the state, \w- Ing vested with absolute power to govern soclety, and Mmluvrtml authority to ake and admjnl Jaws, Is not bound by dfudieatiop in a wmhiter per- tainipg to its so gnty. The fundamental conception of a fudgment is a judicial de- alsion binding upon all the parties to the controversy. As deftned by our own stat- uty it ‘ls the final determination of the rights of the parties in an action’ By this statute the state has declared the legal effect apd consequence of a judgment: it has sald that, as betw: he parties,’ the' Judgment ehall end the controversy and end it forever. The state in the exercise of its governmental functions is not obliged to in- vokke.the s of the seurts in any case, but ‘when it _dpes so It assumes the character of an ordinary suitor and is bound by self- imposed restraints; it claims no advantage over (ts advereary, and, though one 1§ a soverelgn and the & citizen, they atand equal bef the law. This is a just principle and in'it we see no serious danger to the public wéal. It was recognized and enforced in England without judiclal di sent g far back as the duchess of King. ston's case. 'Abd In the highest court of this country it is early held by unanimous opinion of the judges that the government Catarrh The best suthorities ssy, is a disease ‘of the blood. . Therefore local spplications cannot oure. : Being & constitutional disease it ‘requires & -constitutional remedy— Hood's Sarsaparilla. By thoroughly purifying the blood, this great medicine reduces ghe in- flammation of the mucous membrana and stops all catarrhal discharges of the nose, throat, stemach, bowels, v and ve organs. | §8 “especially dangerous in & ho-nherit or have acquired the disease, and the pechliar merit of the remedy, Hood's Sarsaparills is the comubon-sense trestment for catarrh, me of that troublesome disease.” MaUD Doax, 1615 Arrow Ave., Indianapolls, lad Be sure to gt - Hood's Sarsaparilla 1. 500D & 00, Leve. Maw. waa Gonclusively bobnd by a decislon rem dered against It in its sovereign character. When a state brings an actlon for the em- forcement of its eriminal or revenue laws it acts, of course, in ita goveramental ca- pacity, but it f& botind nevertheless vy an adverse declslon. The qe:e7on declded can- not be again litigated between the same parties, either in a crimioal or civil case.” Bar to Any Other § Tn closing the court says: “The right of the state to oust the pres- ent members of the Board of Fire dnd Po- lice Commissioners of the city of Omaha has been once tried and determined; and under existing conditions the judgment ren- dered is an effective bar (o any offier suit for the same purpoke. The right of the mayor's appéintees to hold office was the thing adjudged in fhe State against Moores, and it is the only thing to be adjudged in this action. The decision In the Moores case Is not law, but for the purposes of this litigation it stands in place of the law. The governor may appoldt, but in the face of a' pléa of res judicata we cannot put his appolntees in possession of the offices. The court Is held in bondage by its own error. Stat pro patione voluntas is the rule of de- clsion in this case.” Judge Sedgwick appended thls: “I con- cur in the conclusion that this court has Jurisdiction of ‘the action, but do not ex- pre; ny opinion as to the question of res adjudicata.” Judge Holcomb, concurring, said: I con- cur in the point stated in the sixth para- graph of the syllabus and what is said in the opinion with respect thereto. Further than that I express no opinion on the sub- ject of the jurisdiction and authority of the court to coerce by mandamus the chief ex- ecutive of the state. On the question of the doctrine of res judicata, as held and applied in this case, I concur in all that is said and decided in the opinion.” History of the Commission. The original law creating the police com- mission was enacted in 1887 and vested the appolntment of the commission in the governor. The reason for its enactment was that it was thought it would take the fire and police departments out of poli- tics, but sad experience has shown that it has had rather the opposite result and that the commission and the ‘departments under its control have been a foot ball of polities almost continously until the su- preme-court, three years ago, ruled that the government of the fire and police de- partments belonged to the municipality un- der the principle of munieipal home rule, The first fire and police commission law was subject to a test case, resulting in a decision in the supreme court in favor of the appointees of 'Governor Thayer, who was then In the executive chair. Subse- quently, when Governor Boyd, thé only democratic governor of Nebr: under- took to make appointments to the police commission, out of the regular time, the supreme court held good the claims of the men appointed by the de facto -governor. The republican legislature in 1895, to clip the power of the populist governor, Gov- erpor Holeomb, changed the law to vest the appointment of police commissioners in an appointing board, consisting of two republican state oficlals in addition to the governor, and making the governor odly a powerless' minority. This law was upheld by the court after contentucus litigation, but simply to the_ extent of deciding ber twéed two sets of appointees, each claim- ipg the office under a statute which de yrived the people of Omaha of any voice in the eppointment. le Finally Established. populist. legislature of 1897 Iyflna sought to rcetore POWST, 6¢ the governor, a e, t wis started before the eu- preme court, but the .couft refused to en- tertain the case, because the plaintiff was not in pe stitutionality, inpsmuch.as’he was claim- ing, under a law violating the home rule principle, precisely the ‘same: as the one be was attacking. Finally,: acting on the theory of the law lald .down by Judge Scott, in & case brought before him in the district court, the present board of fire and police commissioners of Omaha, was created and dppointed by the mayor and council in 1808 and another test case brought, pre- senting the casé of mupipipsl home rule squarely. This case, kiown the State nst Moores, resulted in a decision up- holding the right of the ity to municipal home rule in the matter of appolntments of fire and police commlssiope: s agalnst the intervention of“the ‘législature or the governor exercising ‘appointive power con- terred on bim by the legislature. When the personnel of the supreme court changed two years ago the hope that this would change the judgiient of the court was ussd to inducé Governor Poynter to name a new set of commiseioners, under the law al- ready declared vold, who endeavorel to Pecure pessession by presenting their clatms once more to ‘the -supreme cou: In this case, known as the State agalnst Kennedy, the court again confirmed the titles of the present commissioners, ap- pointed by the mayor and council, and de- clared that their right to hold under tho former judgment could not' be disturbed. nning of Latest C During the spring of 1901-charges we, flled against John Redell, then chief of the Omaka fire department, and Yhé board pr pared to bring bim before it for trial. Re dell entered the district court and secured &n injunction, based on the contention that the board, being a creatlon of the' council, had no authority to appoint or remove any member of the fire or police departments. This matter was taken to the supreme court, the case being known as Redell Against Moores, and an opinion was handed down on December- 4, 1001, whick under- took to overturn the decision in.the case of the State against Moores and revive the legislative act. vesting the appolntment of the Omaha fire and police board in the gov- ernor, The oplulon was writien by Com- missloner Alberts and was concurred in by Justices Sullivan &nd Holcomb. Chief Jus- tice Norval dissented, holding to his vi Already expressed in the case of the Btate against Moores. Under this dectsion apph- cation for a writ of .mandamus te compel the governor to appeint a board was made by C. C. Wright as relator. Phe Alberts’ opinion confirmed the right af the commis- sioners to control the departments under its authority and denying the coatention sot up In the Rede! plication for Injunc~ tion. W. F. Gurley and Frank T\' Ransom were associates with Mr.. Wright in the presentation of the case: i — Flles Cured Withous the Knife, Itehing, blind.. Weediug or protrudiog plles. Ne cure; no pay. All driggists aj authorized by the manufacturers of Paze Olntment to refund money where it falls to cure any case of plles, no matter of how long standing. Cures ordinary cases in six Cays; the worst cases ln fourteen days. One npplication gives cass aad rest. Relleves Achiug Instanily, This is & new.discovery apd 1s the ooly plle remedy sold on & pos!- tive guarantee, no cure no pay. Price S0 It your druggist don’t keep It io stock send. us 50¢ n stamps and we will torward same Mapufactured by Paris Medicine. who also maauiscture ecure, Laxative Brome- i in LRy THE OMAHA DAILY BE THURSDAY MAY 22, 1902. DIETRICH FLAYS PATTERSON Nebraskan Accuses Oolorado Man of At- tempting to Defame the Army. LATTER SCORNFULLY DENIES CHARGE Patterson Then Vents His Wrath on Lodge, Saying He Has Menaced Corporal O'Brien Through- out His Hearing. WASHINGTON, May 21.—The hearing of Corporal O'Brfen before the senate com- mittee on the Philippines was enlivened to- day by a very acrimonious controversy be- tween Senators Dietrch of Nebraska and Patterson of Colorado. The discussion was precipitated when Senator Dietrich asserted that Senator Patterson had done every- thing he could to Injure the army without doing anything to protect or preserve iis good pame. This brought a prompt re- joinder from the Colorado senator, in which he sharply and angrily denled the imputa- tion. Corporal O'Brien, formerly of the Twenty-sixth volunteer {nfantry, produced the alleged “dum-dum’ or explosive bul- lets. He sald they were not llke the or- dinary bullets, because they did not have the letter “U” on them. General Crozer, chief of ordunance, was called and testified that the cartridges were the same size as the regulation Krag- Jorgensen. He explained fhat sometimes the action of the bullets produced serious wounds. General Crozier, chief of ordnance, was produced by Mr. O'Brien were not different from the ordinary regulation cartridges. Asked I ‘they were “dum-dum” or explosive bullets, the witness replied in the negative. ““They are perfectly normal bullets,” he sald, O'Brien was recalled and questioned con- cerning certain features of his previous testimony. O'Brien was then questioned by Senator Beveridge, who required the witness to go into minute detalls respecting his charge that a number of American officers had violated the person of a Spanish woman at the time the town of Igabaras was burned. Four Mex in the Affair. The witness sald that 4n addition to her husband, there were several servants residing in the house with this woman. He said also that she lived in & house op- posite the convent, where the troops were oned, that he Had first heard of the woman in the ease, because of the talk of her exceptional beauty, but that he could not remember whether the husband, when he told him of the crime that had been committed, had glven the name of any wof- ficers connected with it. The man had stated, however, that there were four of them engaged in the affair. Questions by the senator brought out the fact that there were just four American officers In the town of Igabaras. ‘onsequently,” sald the , “4 the ements made by the woman’s husband are true, these four men are guilty of the crime charged.” The witness assented to this inference, He related that some of the privates had told him of their relations with the woman, He did not remember the names of these men, but he gave the names of two privati as being those whom he thought had told him the story. This he did only after a good deal of discussion between himself and Senator Beveridge and amotig the different members of the committee. Confilet is Started. When the names bad been given Senator Pafterson protested, saying that to compel jon to raise the point of con-]the Witness to mention them under the circumstances and in view of his protest wag a grave Injustice to the men whose names had thus been dragged in. Senator Lodge retorted that he belleved that instead of doing an injustice the com- mittee was on the road to doing justice. This statement caused Senator Patterson to say with'evident appearance of warmth that the attitude of Semator Lodge had been that of menace toward the witness ever since he had taken the stsnd. My attitude,” responded Semator Lodge, “has not been any more that of menace of the witness than your attitude has been that of defense of him.” Mr. Patterson: “I deny the imputation.” Mr. Lodge: “And I deny that I have in any way attempted to menace the witness.” Dietrich Flays Patterson. Senator Dietrich charged Senator Patter- son with having done all that he could' to injure the army and with having done noth- ing to protect and preserve its good name. Mr. Patterson resented this statement sharply and angrily. ““The senator from .Nebraska,” he’ eald, “should be ashamed of himself. He knows that the truth is exactly contrary with what he has stated and that what he has sald is positively untrue.” Senator Dietrich: ow that what I have sald s true and I repeat that the senator's efforts have been to bring out everything he could against the army.” Senator Patterson: *“The senator should be ashamed to make such a statement. No man is more anxious than T am to present the army in as true a light and develop whatever good may be sald of it. 1 have not hesitated in my course in that respect.” Defies Patterson to Prove It. Replying, Senator Dietrich said he defied the Celorado senator to prove the truth of his remark, to which Mr. Patterson re- plied that the minority had made an honest and faithful effort to get at the facts and that he was convineed the present inten- tion was to divert it from that course. In this connection he declared that no gentle- man would make such a statement as had been made. Semator Dietrich closed this phase of the controversy by saying that a gentleman engaged in such sn inquiry such as this would try to bring out things in the in- terest of the army other than matters of & contrary character. Value of C Imports. WASHINGTON, May 21.—A statement prepared by the insular division of the War department shows the total value of mer- chandise Imported by the island of Cuba during the nine months ended March 31, e ————————— RLUE MONDAY, No Use for it Any More, How good food put & minister on his feet again 18 -an Interesting stofy. He says, ““A little more than a year ago I com- menced the use of Grape-Nuts Breakfast Food. At that time I had been suffering from dyspepsia for abiout five years. 1 had tried all the remedies my friends told me about but with no permanent reliel “My Sabbath duties at that time nearly prostrated me and the following .day I was of 5o use to myself or to anyone else. ““After beginping the food & ghange began to take place and gradually the dyspepsia and disturbance left me. Now I have gained twenty pounds and tree from stomach troubles that I ed so long from. “I @n do twice the amount of work with sing the praises of the delicious food that bas put me right. I am perfectly willing to have my mame appear as endorsing your excellent food for I know from personal experience of its value.” L. R. Danforth, wdmuulm?o.nmm. 1002, wass4 748, against $48,368,005 for the corresponding period of 1901. These figures show an increase of 2 per cent in the imports and a decrease of 16 per cent in the exports. The value of merchandise com- ing from the United States for the nine months ended March 31, 1902, was $21,221,- 825, a slight increase over the correspond- ing period of 1901, while the exports for 1902 amounted to $22,158,360, & decrease of about $4,500,000, the greater portion of the loss being due to the falling off in the sugar trade. OMNIBUS BILL GOES THROUGH Measure Appropriates Total of Over Twenty-One Public Buttding: WASHINGTON, May 21.—The omnibus publie building bill, after being amended today so as to give Alburquerque, N. M., a $16,000 appropriation, passed the senate carrying an aggregate expenditure of $21,- 285,150. Before the senate resumed consideration of the Philippine’ bill' today" it adopted a resolution congratulating the republic of Cuba on it entry into the family of inde- pendent nations and the secretary of stata was directed to transmit the ressluticn to the president of the new republic. The sen- ate also ordered tHe Assoclated Fress ae- count of the ceremonles of the Lraaster from the United States to the Cuban pu- thorities printed in the Congressional Rec- ord, and as a public document. Mr. Wellington of Maryland opposed the pending Philippine measure and said the action of the United States in the Philip- pines was as indefensible as the atthek of the hordes of hell upon God. e declared that above the army and the War dcpart- ment and the president were the American people, and in his judgment, they were re- sponsible for the condition of aftuirs in the Philippines, because they had placed the dollar above the man. ' Mr. Wellington criticised the administra- tion for refusing to send Gemeral Miles to the Philippines in an endeavor to end the war; also the intention to releass Miles. He sald it was evident the War (epart- ment preferred Chaffee, Smith and Beil. Mr. Bacon of Georgla again desounced the concentration policy pursued “in ihe Philippines. . He indicated that it lealing republican senators would declare it to be their purpose to give the Filipinos a free government the minority would not quorrel about the time when the government was to be established. Soon after the senate convened todsy a communication from the secretary of »tate was presented announcing thé unvelling of the statute -of Marshal Rochambeau of France in Washington on Saturday, Mav 24. On motion of Mr. McCullom of lliinols the senate decided that when it adjourns on Priday, May 23, it be until the following Monday. In order, he said, that the senate might attend the ceremonies. WELLINGTON AS A CRITIC Maryl Senatpr Thinks Miles General ould Be Sent to Philippines. WASHINGTON, May 21.—During the de- bate on the Philippine bill today Mr. Wel- lington criticised the administration for re- tusing to eend General Miles to the Philip- pines in an engdeavor to end the war; also the intention fo release Miles. He sald it was evident the War department preferred Chaftee, Smith and Bell. He said the American p‘egpl'd who “have preferred the r above ‘thé man" were responsible for the present Phitippine policy. Boon after’the senate convened toddy a° communication’ §fom the secretary of state was presefited anhouncing the unvelling of the statue of Marshal Rochambeau of France in Washington op Saturday, May 24. On motlon of Mr. Cullom of Illinols the senate decided that whén it adjourns on Friday, May 28, it be until the following Mondays 1In order, he said, that the senate might attend the ceremonies. Mr. Fairbanks of Indlans called atten- tion to what had transpired yesterday in the island of ‘Cuba. There never had been an act of such splendid significance, whe: a republic had been erected under the auspices of the United States. A report of the historic ineldent was found in the dispatches of the Assoclated Pr The report was temperate and graphic and he belleved ought to be Incorporated in the records of the senate. He asked that this dispatch be made a part of the records of the senate, and printed senate document. This was agreed to. Mr. Hale of Malne offered a resolution declaring that . the senate of the United States view with taction and express congratulations, st the appearance of the Cuban republic. among the natlons of the world. The regolution was adopted. B. W. Grove. name must appear on every box of nuine Layative Bromo-Quin! ‘Tab- lets, the remedy that cures & cold in one day. 25 cents. FORECAST OF THE WEATHER Partly Cloudy and Warmer Thursday Thi the WASHINGTON, May 21.—Forecast: For Nebraska—Partly cloudy and warmer Thursday; Friday fair. For lowa—S8howers Thursday, except fair in northwestern portion; cooler in east por- tion; Friday fair For Missouri—8howers Thureday; cooler in south portion; Frid For Kansas—Showers and warmer Thurs- day; Friday fair. For South Dakota—Ganerally fair Thurs. Lo OFFICE OF THE WEATHER BUREAU, OIIA‘HA‘ Ialy "'T?flfi';‘ recol ng ulrlnl; ature and prec n compare I corresponding day ot . the last thres years: Maximum temperature... glmmum te ure. R ean temperat e Precipitation . % T Record of temperature and preci :t Omaha for |hrl. day and nl:eo da: Total excess since Normal precipitation Exe the day. : Total raintall since March iclency since arcl - Deficiency for cor. beriod i Deficiency for cor. period 1900. Repofts from Stations at 7 P, M. 0 .08 tation arch 1, T e S s € SR TR A I S B VOLCANO-RESUMES ACTIVITY Indioations Point to Second Eruption of Terrible Mount Pelee. FORT DE FRANCE IS PANIC STRICKEN People in Other Isimnas of the West Begin to Take ST. THOMAS, D. W. I, May 21.—It h been reported from St. Kitts, in the Lee- ward islanas, that on Monday night and Tuesday morning noises similar to those heard May 8 were agaln heard, but louder. The earth was slightly shaken by the con- cussion. From the British fsland of An- tigua and the French island of Guadeloupe loud detonations from the southeast are reported. Another report which has reached here from the Britich island of Dominica is to the effect thai at 5:30 o'clock Tuesday an awe-inspiting, flery cloud surmounted by a fleecy white cap, resembling polished silver, wi en from Roseau (on the west coast of Dominica), in the south. The sight cavsed alarm in Dominica, especlally as lightning followed in the wake of the cloud. CASTINE, Icland of St. Lucia, May 21.— Reports received here today confirm the dQispatches announcing that a panic pre- vailed at Fore de France, Martinique, yes- terday. The town was covered with ashes, stones were falling and a tidal wave added to the terror of the population, which was fiying to the hills. Three hundred refugees have just arrived here and thousands have embarked for;the neighboring islands. Voleano Again in Action. PARIS, May 21—Governor 1'Huerre of the island of Martinique, in a cable dispatch from Fort de France, dated Tuesday, May 20, confirms the Associated Press dispatches of yesterday, saying that at 5:16 . o'clock yesterday morning the same phenomena appeared op the morning of May 8—a rain of stones, flashes of light and sounds of explosions in the direction of Mount Pel The population of Fort de France panic-stricken. Later dispatches, under yesterday's date, Say that fire was falling at Le Carbet and that the inhabitants and troops had evacu- ated the place. No further fatalities had occurred. - The dispatches received here also refer to the departure of Governor I'Huerre, ac- companied by Senator Knight, president of the legislature of Martinique, yesterday morning, on the French cruiser, Suchet, to reconnoitre in the direction of the volcano. The officials of the ministry of the colonjes were much disturbed by this morn- ing's dispatches from Fort de France. They thought the worst was over, but the cable messages seem to indicate that another catastrophe is impending. No confirmation had been recelved here of the dispatches tgporting that Fort de France is belng evdcuated. Survivor Tells Story of Disaster. NEW YORK, May 2L.—The steamer Korona has arrived from Fort de France, Martinique, having on board two survivors of the. steamer ‘Roraima, lost in the St. Plerre disaster. These are Ellery Scott, chief officer, and Charles Thompson (col- ored), assistant purser. “‘On the way up,” said Captain John W. Carey of Korona, “Scott told me the story. of their terrible experience. He said Ro- raima got into the harbor about 6:30 a. m. on the 8th.. ,When the catastrophe oc- curred a terrible explosion came from the mountain. In an instant it began to rain fire and mud over the harbor. A great river of burning lava rushed down the mountain side and plunged into the bay. It shoved back the water out of the harbor and simply hurled ti hip over om its side. Captain Muggah was on the bridge at the time. ' “With the rush of water the ship's decks swept clean. All its superstructure, and upper works were torn away and went overboard. Scott, seeing Captain Muggah swept away with the wreck of the bridge, leaped from the forecastle head and tried to run aft through the steerage. The crew, panic-stricken, dashed him to the deck and trampled him under their feet in their mad flight, and but for the action of two of the steerage passengers, colored men from St. Kitts, he would have perished with the others, who burned to death by the lava, which poured in on the vessel's decks. These men seized him and dragged him into the steerage, where he stayed with them, and by wrapping their heads In blankets suc- ceeded in escaping serious injury. “Meanwhile Thompson, the assistant pur- ser, who was on deck when the firet out- burst came, succeeded in reaching his rooms and closing the door, where he stayed until the worst of the first shock was over. open ventilator let the flames reach him, and he was badly burned about the neck nd lost one ear. When the firet shock had passed he managed to make his way to the steerage, where he joined Scott and the two St. Kitts men in saving the pas sengers and members of the crew who were All living. They gathered these in the steerage and all who were able joined them in fighting the flames back, and managed to keep the fire confined to the after part of the vessel until the French cruiser Suchet came along and took them off.” Eruption is Vielent. FORT DE FRANCE, Island of Martinique, May 21.—Yesterday's eruption from Mount Pelee was violent in the extreme. Cologsal columns of volcanic matter were ejected from the volcano, which rained huge, red hot boulders many feet in diameter in tho rulos of St. Plerre and the country, and from an epormous elevation and with fear- ful velocity. The volcanic elouds advanced to Fort de France. The spectacle was appalling and beyond description. The whole population of Fort de France was thrown Into a frenzy of An |, panic, during which soldiers, police, men and women, all terrified, frantic, weeping and praying, rushed through the streets, while overhead the glowing, flery clouds rofled relentlessly and ralned down stones, still hot, amid the swirling ashes. The steam launch. of the United States cruiser, Cincinnatt, took some refugees to the French cruiser, Suchet, and many per- sons sought refuge on the Cincinnati and United States special steamer Potomac. At 10 o'clock the Potomac went to investigato matters and all reports agree that Lieu- tenant Benjamin B. McCormick, the com- mander of the steamer, did great work. He went tn close to St Plerre and found that city had been bombarded with snormous stones from the voleano and that the ruins left standing after the first great disaster had been nearly razed. Milllone of tons of ashes then covered the ruined city. UNVEILS THE SHAFT (Continued from First Page.) drum, commonpl; those duties are. Sacre of Duty. “Some of the effects on the day of battle is to be found in the aggregate for the in- dividual performances of duty during the 10ng months that have preceded the day of battle and the way in which a nation will arise to a great crisis 1s conditioned on the way In which its citizens have habituated themselves to act in the ordinary affairs of the pational life. You canmot expect that much will be dobe in the supreme hour of peril by soldiers who have not fitted themselves to meet the need when need comes and you cannot expect the high- est type of citizenship to be shown in the periods when it is needed if that citizen- ship has not been trained by the faithful performance of faithful duty. Need Honest Endeavor. “What we need most in this republic is not special genfus, s not unusual bril- liancy, but the honest and upright adher- ence on the part of the mass of the citl- zens and of their representatives to the fundamental laws of public and private morality which are now what they have been during recorded history. And we ehall succeed or fal in making this r public what it should be made—I will go & little further—what it shall and will be made, according to the manmer in which we seriously and resolutely set ourselves to do the task of citizenship, which consists of doing the duties, private and public, which in the aggregate make it up." (Great applause.) As soon as the president had concluded the bamd struck up “The Star Spangled Banner,” the audience joining in. The benediction was said by Bishop Satterlee and “Nearer, My God, to Thee" was ren. dered by the choir. Amid the most im- pressive silence “taps” was sounded and the services were over. DEATH RECORD. Edward Lawrence Godkin. NEW YORK, May 21.—Edward Lawrence Godkin died in Brixham, South Devon- shire, England, last night. The imme- dlate cause of his death was a hemorrhage from the brain, which occurred on Satur- day, the 17th. Mr. Godkin suffered a simi- lar stroke two years ago, but recovered sufficlently to go to England in 1901. He spent last winter at Torquay, and moved to Brixham on the 24 of May. He was in his 7lst year. Mr. Godkin was twice married. His first wife was Miss Foote of New Haven, by whom he had one san and-onme daughter, the latter dying in fn- tancy. His second wife (Miss Katherine Sans of New York) survives him. His eon, Lawrence Godkin, is a well known member of the New York bar. e duties of each day Frank A, White, Plattamonu PLATTSMOUTH, Neb, May 21.—(Spe- clal.)—Frank A. White, 28 yea of age, dled at the home of his parents, Mr. and Mrs. A. W. White, this morning after & brief illness. Rev. H. B. Burgess will preach the funeral sermon in the St. James Eplscopal church Thursday afternoon at 3 o'clock and Interment will be made in Oak Hill cemetery. / ' Allen Reed, Marysville, K MARYSVILLE, Kan, May 21.—Allen Reed, aged 60, who was a member of the Kansas legislature when the celebrated Pomeroy exposure was made, died last night of wuraemic polsoning. Mr. was a celebrated traveler, having made three tours around the world. Mrs. Catherine Cross, York. YORK, Neb, May - 21.—(Special)—The funeral of Mrs. Catherine Cross occurred yesterday from the residence of her daugh- ter, Mrs. L. D. Brakeman. Mre. Cross was an old resident of York and highly re: spected by all. HYMENEAL. Flaher-Mikesel DAKOTA CITY, Neb., May 21.—(Special.) —Thursday evening will occur the marriag of Oltver W. Fisher and Miss Katie Mike- sell, two popular young people of Dakota precinct. The cefemony will be conducted by Rev. §. M. Lesher at the SBalgin Lutheran church. Delaney-Lorem YORK, Neb., May 21.—(Special.)—Michael Delaney and Susan T. Loreman, both of York, were married this morning at the Catholle church, Mr. Délaney is & farmer lving southeast of here. Photographic Collection Stolen. NEW YORK, May 2L—A collection of photosraphs sént to Harvard university y the mfit]flr and presented |i reon by Prince Henry on the ocos his. recent visit to Harvard, is report o have been stolen. The colléction was & hful reproduction of the casts repre- ntative of the Germanic, which the em- ror is having printed for presentation to Plarvara. " The" coliection removed from the Fogg Art museum. NIrance was gained by breaking the skylight. Digests what you Eat Dyspepsia Cure Some help their they can't wonder why pepsin preparations don’t spepsia. They probably suffer because igest foods that pepsin " does not affect. The reason is, pepsin digests only nitrogenous foods. while different substances are required to di t the variety of other foods necessary for proper nourishment. | Kodol Dyspepsia Cure contains is upcbl?’olP:ompletely digesting ever; the digestants, and iind of food. That is why it digests what you eat and allows you to eat all the variety you want;and' that is why it cures lndi‘::fi::i even dter';vner ::in - itis the repara of the kin ;u’bewmo enormous. Its use maad for it else has failed. As the de- ords in- stant relief from all forms of stomach trouble. st SRS Belp hat o Yo e b slee T e T Reed | WILL YOU ALLOW A Relative or Friend to Pass into the Dark Valley Simply Because the Doctor Desires to Cling to Medical Etiquette ? PAINE'S OELERY COMPOUND Is Daily Saving Precious Lives After Pronounced Failures of Physicians. The months just past of the present year bave brought bereavement and dark clouds of sorrow to many homes In our land. Fathers, mothers, sisters, and brothers have been forever removed by the grim reaper, death. The large majority of such could bave been saved had thelr friends given them Paine’'s Celery Compound, instead of the worthless medicines the sick ones were forced to swallow. In many families a too slavish obedience to medical dictation kept the true life saver from the sick and dying ones. Past records of marvelous cures and victories wrought by Paine's Gelery Compound were Ignored by medical men; in a word, it was unpro- tessional in their estlmation to introduce the lite giving Compound. Ah! Remorse is now dolng its qulet but effective work, and those most closely in- terested are suffering for thelr neglect. Will you, dear reader, allow some dear relative or friend to pass from Ifte without making an effort to save the perishing one by Paine’s Celery Compound? The virtues and powers of Dr. Phelps’ prescription are wonderously far reaching and mighty. Even though your friends have suffered long and have come to that point where the physician is helpless to ‘save, even then, there is a blessed hope if Paine's Celery Compound is used. The desperate cases cured in the past and the number of precious lives saved, s the bright, the living proof, that Paine's Celery Compound makes sick people well. of DIAMOND BT O O R i o other. A TASTE _ IS A TEST and the first taste of Baltimore Rye satisfies that it is the purest type of the purest whiskey. Perfectly matured and mellow. For the physical needs of women, when recommend- ed, It is the purest tonical stimulant. ret.elass cafes and by Jobbers. Solg & $LATHRIE SO R mand B A SKIN OF BEAUTY IS A JOY FOREVER R.T. FELIX GOURAUD'S ORIENTAL CKEAM, OR MAGICAL BEAUTIFIER. dy of the haut-tom (a_patient): Entire Week, Including Saturday Evening. TUXEDO BURLESQUERS new faces~New program—Two shows s:lfly-—Evenln l£)I'IC&I 10¢, 0e—Bmoke Yo ke ONE DAY ONLY, Bunday Mat. May %, Rosenthal's Amateurs onls and the Madison Square Hosenthal in an original spe- and Nigh and_ Profes: Cyele Whirl clalty. JOHN RICHIE of South Omaha, the champlon 122-pound man of the world, and MIKE BARTLEY, the famous lghtweight of Chicago, will give 8 TWENTY-ROUND GLOVE CONTEST at 122 pounds Friday evening, ‘May 23, under the auspices of the Twin-City Athletic Club, at Blum's Hall, N street, one block from car line, South Admission, $1.00 and §2.00. Three good preliminaries and battle royal. One of four rounds, one of six rounds and one of ten rounds. Doors open at § o'clock, Contest commences at 9, Main contest, BASE BALL VINTON STREET PARK. Denver vs, Omaha. May 22. called at ¥:45. Take South Omaha uth, Gam: Cars— HOTELS. HOTEL EMPIRE Broadway and 63d St. N. Y. City, Fireproof Moderate Rates Exelusive xtensive Liksary Accessible al Concerts E: Evening. * T\ Care Fass the Hmpire. e 7 STRUE0 ST e THE/NILLARD *>3ztair® L‘—Er?uru?—fi'fit C H r A B Clerk. -~ #