Omaha Daily Bee Newspaper, February 21, 1903, Page 9

THE OMAHA DAILY BEE: SATURDAY, FEBRUARY 21, 1903. SOUVENIRS OF CEN. GRANT Interesting Collec'ien Moseum at Washington. Fational FEUCS OF TOUR AROUND THZ WORLD Pricel Gifta to the Great from Almost Every O of the Globe Fill Four Large ¢ Captain rter Washington is ndebted 10 fhe late Mre U. 8. Grant for some of the most interest- Ing souvenirs of General' Grant's around the world, relates the New York Tribune. These gifts, which have for ye been included in the loan exhibit National museum, make s collection enough to fill four great glass case #o0 varied in character to represent most every quarter of the globe smallest exhibit is a jade cup, the size color of & wild duck’s egg, and not much thicker than its shell. It was ome of sev eral presents from Prince Kung who w regent of China at the time of Geperal Grant's visit to the Flowery Kingdom The largest specimen is a buffet, so pon- derous in its magnificence as to need a case 1o itself. This medium, through which the citizens of Pueblo, Mex., cxpressed their appreciation of their warrior gues:. is com- posed of cloud-tinted onyx, veined with a dosen colors, and mounted in dull, carved brase. The collection occupies the most con- epicuous position in the main hall. and the first object to attract the eye upon entering 18 a marble bust of the great soldier who gave victory to the union and peace to the vanquished. Shoulder straps, buttons, hat orsaments | and epaulets, grouped in the order in which they were worn, serve s $o many | stepping stones to the heights of military lory to which the hero attained, and ther 1s a battle-stained uniform of a lieutenant general which looks as i it bad gone through more than enough to earn the gold-fringed epaulets of the genmeral of the army. that blaze in a gorgeous hesp mear by. These epaulets, which were worn by Grant after the civil war, have crescents of solid gold. The devices are five rayed stars of frosted silver, with the arme of | the United States embroldered be Foreign Trophies. Conspicuous among the trophles Is the first gift received by General Grant when on his world-wide travels. Ome can almost | recall that June day when the lord mayor | presented the freedom of the city of London to the great American, so eloquently does the casket in which the certificate was in- closed bear evidence of the day. The box is of rich, warm gold, elaborately carved | and engraved. On ome of the side panels | is & view of the capitol at Washington, | with Gemeral Grant's monogram and the arms of the lord mayor at either end. The | reverse side shows the entrance to the Guildball. The cover is surmounted with the arms of the city of London. and the tour supports are American eagles in gold The ends of the box are adorned with four. inch figures in goid, each besring an smamel shield, one representing the republic 5 the United States and the other the sity of London. Among other caskets representing the | treedom of the cities of the United King- | fom, the most curious is tbat presemtec by Dublin, which is appropriately 1 of bog oak. The trunk-shaped for its straps bands of dusky gold set with amethysts, malachite and rock crystal. The the rge and The on the horse is concerned. | had a small, pecuniary interest in the event all the lights before me. that a certain horse, put up on the bosrds ' {at enormously long odds, | race In which be had been entered. {8 small bet. a bet In keeping with the amount of faith 1 had In the horse's | arvelously embroldered by the deft brown agers of the women of Hong Kong. There are also panels of silken crepe embdroldered 15 native designs, most of which were pre- scated to Mrs G by the viceroy a bis jade cup an tle vaso of the same stode, wiih large jars flowered w vines in gay pr are queerly taxed se art superstition t $0 close a contact with eh, Geaeral « powe This n carved and labeled was given to teacher in cme of {indoo idol w! told, possessed over 1,000 ot Grant was and wa Lakh- e gene sacred r ty a Hindoo temples. Cireling an elaborately sti two colossal tusks which that they are as ancient yellowed are the ivories ¢ ed saddle e to t the idol Stam's Cig Box. Siam is represented by a small tempie of exquisitely wrought silver, by ivory boxes and a cup and saucer made by the royal hands of the “second” king of Siam. The “first” king appropri- = for smoking by box of solid goid From Siam also tb Dative looms. An engraved dion calls Mrs. Grant's interesting reminisce: of that royal banquet given by the “first king. the aleolute mobarch of Siam, who extended the invitation to Geperal Grant immediately after his arrival. The center- ad o s gift to him be: ere ar of a clgar draperies from er card of silver r | plece of the inner table consisted of the | which belongs to the | three-headed eleph arms of Siam, the soild silver service | which was bought in England, cost, so the king told Mrs Grant, £10,000. There we two bands, one for mative and the oth for European music, and as they occasion- lly infringed on each other's musical ritory the effect was surprist eet. The Siamese officials present wore coats of gold cloth, emcrusted with em broidery. and in addition the ki the family decoration. a big star with a dlamond center, and with each of | points set with a native stone An interesting feature of the exhibit the collection of medals and coins. These almost entirely fill the Sloor of one case and the pyramid in the center. Placed closely together on the dark red surface are many queer-shaped coins represemting tbe currency of Japan. They bear no r semblance to American money, Dot ome of them being round, mor any of them so small as our silver dolla: ANTICS OF A DOPED HORSE He Looped the Loop om a Race Track | and Ran Rings Around His ¥ “Whenever I hear a race horse story I recall an experience I had a few years ago at a certain track In a southern city, and in commection with an event which had a ‘doped’ horse as one of the coptestam s2id & man quoted by the New Orleans Times, “and since that time 1 have had 4 fairly good working idea of what it meant to ‘dope’ a horse, in so far as the Influence Incidentslly, 1 in question, and I had made the bet with T had been told 1 made sity of Edinburgh chcse for its metal 2 | chapces, and awaited results. The i 3 3 old ichly wrought silver bearing the coat 0f | horse finally waltzed out. He was an un arms of that eity and of the Usited States. That of Glasgow is of” gold, etched with International devices. Collection cf Swords. There is an interesting display of swords, ' which includes a Toledo blade presented by | the Spanish republic fn 1872 It has an| ivory grip and a guard of steel. The blade | bears this inscription: ‘‘Belmont, Donel- | son, Shilob, Vicksburg, Missionary Ridge, Spottsylvania, Richmond.” The steel seab- bard is orpamented with goid and enamel and inscribed on a scroll work iz ribbon design are the immortal words cof the soldier-president: “Let us bave peace. " New York's great Metropolitaz fair in| 1864 is recalied in gracious fashion by a sword presented ai that time to Gemeral | Graot by his friends at the fair. The | straight biade has beveled edges etched | with military trophtes and other designs The pommel of gilded silver is inlaid with @lamonds, rubles and a sapphire. The hilt \s of oxidized siiver and the silver s:abbard Is engraved with Grant's name. The admiration of Japan snd Chine is | made evident by the many iributes pre-|&ain. Still the race had not finished. My | seated to the general by these sister king. | Curiosity was aroused. 1 walked out 1o see | o 1\ “vog "but tor Dinah. The last solcier | Soms of the east. The citizens of Yoko- | hama testified to their appreciation with a | pair of large bronze vases inlaid with fowers, birds anl butterflies in deeper | bronze and gilt. The outer curves of the | urn-shaped bodies show figures and nature | scenes in the twd metals and the handles | Stand. Semething shot under the wire like | wre formed of serpents colled on branches ot sharp pronged leaves. The people of Japan also gave to Grant a large picture of a gayly plumed rooster and 2 hen in sober browns. The fowls are worked in silk on white crepe and mounted on a lacquer frame | Li Hung Chang. the viceroy of China, who expressed in words and gifts his great ad- miration for the American general. in whose military greatness he found a resemblance to bimself. gave, among other things, a | pair of China cloisonne vases, which he | presented at Tientsin. The large porce- lains are of dull blue and red. with mythics fishes swimming in wave lines of gold. | There is also & palr of gray crackieware bowls set in tripods of dark wood, which | find a resting place on ode of the onyx slabs of the Mexican buffet. A lower sec- | tion of one of the cases is filled with rolls ot Chinese weaves, some of gay colors, ‘hreaded 1o gold, and others of dark hues, Entniy member, and honestly I hated to see | the horse go up against' the game. It looked like a shame to me to run him | against as fine a looking lot of steeds as had | been entered in the race. With the excep- tion of the old plug I had put my money on, it was as fine a looking bunch of horses as'] had ever seen on a race course, and ] | have seen some good ones. some of the best in the business, and besides I am a fairly good judge. It was a race for a mile. The horses galloped in front of the grand stand. probably the only man who had paid any attention to the old plug, and the scant notice I gave him was due to the sympathy 1 felt for so pitiable a specimen of horse flesh Ther firally lined. and after a few preliminaries the flag dropped 2nd they were off in a bunch. T turned my bead away, for 1 didn't care to have my sympathetic nature wrought up by the hope- less struggle of the old plug. 1 walked over to the bar and took a drink. 1 heard the crowd yell, and it seemed to me that the smand stand would split. But the horses hadn't come in. Directly the crowd yelled what the matter was. There was another cheer. 1 heard something buzzing down the track. But the bunch was just round- ing at the three-quarier post. Down they came into the streteh. 1 could hear & wave of excitement developing in the grand @ cannop ball. It was all over. The horses were well bunched, Wwith the exception of the first one in. He was four lengths ahead of the closest horse. It was the plug. Did Be win? He ran around the track four times befcre the other horses could make it once, Jooped the loop, as it were, and when he came in the last time you simply couldn’t see him. he was going o fast” “That re- minds me of a friend of mine who died dur- ipg & very excited dream.” said the skinny man across the table, and the conversation shifted to other things. RELIGIOUS. The Boston Pliot says there are 11000000 Catholics in the United States. A letter from Shanghai fu the Frankrurter Zeitung_reports the death of the Jesu.t Futher Zottolf in his seventy-seventh year He was one of the foremost experts of our day in the Chinese language and Lterature. Pope Leo XIII kas bidden the bishops in th milippines to educate the native priests and promote them to higher offices as 8s00n as they are found worthy, as the need of priests is greater than the need of | bishops. KEEP YOUR HAIR. GOKE DANDRUFF CURE and Hair Tonic | Makes the Hair Grow, Keeps the Scalp Healthy. Sold Everywhere in $1.00 and 50 Ceat Bottles. A R, Bremer Co., Chicage. | | expected at Boston that shortly name a coadjutor Williams the pope 10 Arch- fast becoming physically Incapabl forming the arduous duties of his position It is estimated that there mre about M- | 000 members of the Congregational churches he United States and raising ann: they are now for their aix societies about 3z.500.0n y. including legacies. It is belleved | that a united forwara firancial movement would double more Rt. Rev. John L. Spalding. L. D., bishop ©of Peora, i, who is & member of the anthracite coal sirike commission, has re- ceived & & t from the miners of Scratton niature cathedral altar carved out of anthracite. It was made by & common miner. Peter Conway, wWho has a rare artistic gift The maintenance of the thousa cnurches in the United States cost last 42000000 Of this amount the Bap id §14.138000. the Episcopal churches $is, We, the Congregationalls $10.276, The Presoyterians of the north expended in the maintenance of church and for church activities $17.080.000. the Methodists, north _and south, Sesut0l Al this was in addition 1o the compietion of the twen- tieth century funas, agETegaling in Ameri-a and England 00000 The Amerd Methodists secured NG00 of this amount, of which BN AN goes to pay church debts. §7.000.00 ané seminaries and the balinee to aged ministers and philanthroples. The ¥~ terians of the north raised §7.50 6, the Canadian Methodists §1.36.00, the Can- adian Presbyterians §1.50.0M. ‘the British Wesleyans @, the British Congregs tonalists §3.500,00 and the Bricish Baptist: the receipts ana peroaps LS Iy recognized General Grant's fondness | 1ne | nine | would win the to_church colieges | | : In War’s Alarms By LOUIS JOSEPH VANCE. ls Joseph Vance) stirred uneasily in ber sleep ound berself awake and palpi- milisr darkness a protecting bul- rom beyond— far she judged—came ity that beary She 1t bammering upon the with o the ening with | blackness of Out of the volume of sound leaped sharply the clatter cf the leader, the pursued, driv- ing madly down the slight decline to the creek, the the bridge again as he breasted the rise. As be 1 the house there seemed 10 be a momentary cessation of this sound, wherein that of the pursuers rang with terrifying prominence—but only for the fraction of an in boofbeats of the fugitive took up the domi- Dant note of the unequal duet, soon, how- ever, to yield to the rushing roar of those who followed. An invisible whirlwind swept past, a very nigitmare of creaking leather, clanking hoofs, and faded rapidly | into the distance resc clatt quiescent, but definitely troubled because of what the incident might portend. What could it mean (she asked herself) but the coming of war—that war which hitherto had seemed so remote, so almost w al at times? i not, why then had the perennial peace of the Valley Farms been broken by this hideous clamor by night, thie flight of fear f the lust of blood? It war | was to come what should be the fate her invalid father herself? 1t ot surge about them, she koew, and le them unbarmed A flash of vivid lght fllumed the land- scape; ihen came crash upon rolling crash under, a he rain in torrents crept barefoot over the cool, wide the doer of her father's room croached for an hour or more, storm had spent itself and her fears were stilled; be had not waked. And so to her bed and the swift, tranquil sleep of youth. She was roused by the singing of bugles and the stir of drums. From her window as far as the eye could see the valley » with -coated soldiery, regi- ment after regiment, pouring in at the base | of Round mountain in the north, pressing steadily toward the Gap in the south. The earth ibrated to the ‘ramp of many feet in time te fifes and and there!—on every hand wavered and flapped, rusty, blood-stained snd battle- rent, the flags of her country. Presently a veteran regiment swung down the pike and debouched into the field op- pasite, cavalry which passed at a rapid trot. The men broke ranks; one or two immediately crossed to the house. A dozen followed; in a trice half the regiment pressed about the | kitchen door and the well curb. She dressed bastily and deseended to the kitchen, where she found a highly excited | negro cook vigorously repelling :he humor- | ously amorous advances of a tattered scamp —a sergeant by his stripes. “G’ ‘long now, you. white men’ she shrilled. “Ab ain’t got no ordehs. Ah dome tole you. Dinak 'd do mos' anythin' foh {uh union sodger, but she t got p'mis- sion. Gwuffum heab, ah tells you!™ “Aw, but Dinah dear—" the man begged. | bowing as the girl entered. | Miss—" | But the girl interrupted him. “Dinah, cook everything yoa can. ‘Excuse me, | | snioke house, and— “’Deed, Missy Betty, | thank de—" “You're most kind, Mis |2 Dinah will. Oh, said the ser- nd!" she echoed. “What—why, poor boy, you look Lelf starved! The man smiled; be was at years her senior. “We are.” he confessed; “s march sharpens up appetites fearfully. We can only thazk you mow, but I'll sée that you | are paid. | “Indeed, you must do mething of |sort. This is the least we cau do.” | A negro boy tugeed at her glesve. “Missy Betty, Massa wants yo'" When she re-entered the kitchen ¥t was Tou least tem 1he was disappearing around the corper of the | house, both hands full, munching as he ran | to rejoin his command “Dinab, 1 think you'd better tell 'Lige | to ride over for the doctor.” | “Lawsy, Missy, be ain't wuss®” “No. I don't think be is worse. Fe is excited and firritable; Be worcies about Fred, you know. He blames m= for letting him go. Poor father “Poor 'l Missy!™ | Suddenly her eyes dimmed and sbe fled {from the servant's sympathy. She stood iryesolute in the hallway until presenmtly a { il a sacred place, ever inviolate from sun- light; quiet, cool, fragrant with pot pourri It bad been her mother's room | Panting, she senk upon the bed. The stinging pain of ber father's injustice, love d pity for him, fears for his safety, for his life, even, in the impending struggle | which trembled ip the air; these stirred ber. Her mind turned to her absent brother, the well-beloved black sheep of the family, a rusa to the wars. She d known that he was going and bad kept Dce—hsd deemed it but right that he should go. For this she was so blamed! As it she did mot care, as if, since his departure, her life had Dot been one con- stant prayer for his safety By degrees she came to the relief of te: zd wept convulsively; then iz an ins sngling a sob in her t ious of an imtrusive presence plainly hear a rapid breathing sharp and regu 80 different from the soft futtering of her o She steeled bersel! aga! the terror which gripped her heart ar intending fight: b vetween ber o the half sh fgure. utely con She could r, 4 rose gTasping at a fugitive dear” who are you? Her veice t! O, for God's 1 beg your pardon, bu bear you crying you kmow. I am sorry 1 bave frightened you, but—" “Whko are you quiet? | “Please! 1 beg of I—1 am bere oo duty | Bimself and witk o bravado added: “I'm om special duty and 1 must mot be caught. It's importamt, really. No ome should know—you woulda't Bave if you hadn't cried so. She marked the soft fpflection of bis speech; a suspicion crystallizing in ber mind “A spy! sake, quiet! dn't bear to sir? Why should I be Tl explain The boy stiffened touch of youthful you You're a rebel spy!” reasing | the | ant booming as he crossed | when cuce more the | For awhile she remained at the window, | hall to | where she | listening for | his stentorious breathing till at length the ! And there!— | making way for a detachment of | Then he fell back, removiog his cap and ! Make | coffee—Dave 'Lige bring up bams from the | sanctuary offered and ebe went to it gladly | He quivered beneath the lash of the “Don’t! that. W The boy be pleaded, lamely it secre stood bet! head. He seemed very ¥ for a perilous mission queried, her toe still one “How did you get 1n? you been he “I came in laet storm. The kitchen know. The Yarks moved soomer than I looking for.” He faltered went or “They mighty nigh caught me; must bave chased me ten miles. My horse was giving %o 1 slipped off Dear here and sent him on.” He smiled 2t the recollection of the trick “You must go. His Jook was an she the house.” Don't service. her with bowed ung: most Presently ? loathing How long have call un she ght oor was unlocked o escape the you was you know what it means® “They will kill you voice was harsh ard co “They'll shoot me,” he said, simply. “You deserve it “Do your Yankee spies deserve it ™ She turped upon him indignantly “How dare you!" she flamed. “How dare you ask me to be a traitor to my country® Who are you—wh: such a thing of me? What is your life to me compared with the welfare of my coun- try® Go! Are you a coward well as a spy? “I'm no coward said emough: Il go Life seemed to him most he had seen so little of it do so much that was gres becutoff pow * ¢ * H he bad seen eo many others of rags. perhaps moaninz. perhaps mos sun o ¢ Oh. well, at least he co die like a man. He drew himself together his hand upon the doorkncb. The din o side came very loudly to his ear. And now {trom far in the south—beyond the Gap- came the sullen boom-boom of camnon “The battle's on!" be cried, his brilling. “And I—' “You are here spying!—when you migh be fighting with your regiment! “Don’t say any more. I am going now “Watt!” He paused with hope in his eves She had undergone a swift revulsion of a spy.” Her There—1 reckon you've s voice shook sweet, just th bad planned to and nol To eaw himself as a quiet bunch feeling. There bad come before her mental | vision a picture of her Fred, her brother, in a like position. /But then Fred woul never be a spy. if he were ordered? | Would be not b thought best? ¢ shot for a spy! “Don’t go,” she f red. “l can't send you to your death, efen if you are a rebel You may stay—for awhile. her go." he told her proudly, Her own brother “But—Ob, consider stand that I'm doing this or the love of my country, my people. Omr cause is as real to us, believe me, as is yours o you You—wity, you'd do anything for your elde; you'd play the #py yoursel!! You Yankees don't seem to comprehend that we of the ! south are fighting for things as sacred to {us as rou hold yours—our homes, our mothers and sisters, our rights! I am not a spy ecause I want to be one; it's dirty work for a gentleman. And Ym a Colton and the Colions are kpown as gentlemen. | But I would do, worse, were it necessary {and I was called upon.” He stopped short, | trying to control himselr. [ He had not thought i defend himself, he had not tried to justify his course, but he wanted this girl to understand. Somehow, it scemed worth while that she should be made to understand. “Then you Cidn't do this because you wanted to?™ she breathed softly, with something very pear to an eagerness in her tome. i 0. but 1 voluntesfed. I had to, you { one else answered. So T'had to.” “And they let you go?” “Of course.” “Put-rou're only a boy.” “I'm 19—old enough to die, 1 reckon, and —and not be m’ssed mich. 1I'm only a sec- ond lieutenant, you know, but they prom- ised me a captain’s commission H—" “Not be missed? len't there anyone who | cares for you? No moiher, no siste *No, no motber. —she's gone.” | Though she could ot see for the gloom | the tears that filled his eyes, she did see {bim turn away to hide them, and beard the quaver in his voice. Motherless herself, the girl's heart went out to the boy. “I'm so sorry,” she said, tenderly. Thank you"—with 2 gulp that sent the hot flush of boyish shame to bis cheeks. “Well. 1 better be going now.” | “Wait, and I'll slip downstairs and get | you something to eat. You're bungry aren’t you?” Very. 1 baven't eaten since yesterday afternoon. I've been busy,” ke added, smil. ingly. “Promise me you wen't Fun away?™ No fear of that. But. remember, your are furpishing ald apd comfort to an enemy.” “Indeed, and I'm mot'" She paused at the door and looked back with just the slightest touch of coquetry. “You are a prisoner of war. You are my prisoper.” | But when the gallant words came to his | gpened He had raised himself upon an elbow, He began to pace the fioor impatiently, | nis hand t his blood as fire in his veina. Ob, that be ghe reached him and. pillowing his bead might be yonder, even in the thick of the | ypon her breast, loosened the collar of his lips, she wes gone. “If I'm caught—and 1 can't escape now— | —you!—to ask | ':-x you in danger of susp No," she entreated wildly I can't let you go—it's u pd? You m Yes, apd yet—! must He had started forward ho hed no! I ica he argued, “1 may And if 1 didn't the less -1 on as it i you unders st set scape member Why onfusion be but cne you— aling, timid eyes he saw the kind ing steadily ness and desire ca him off his within b slender form vibrant ing of a virgin heart And, afar, honor and & of te el nigh swep A crushing voliey of him to his senses Let me go'* he urged 1 should bave gone whea you 1 was a cur to delay—but—" Yes,” she whispered “If this war—when Jt's over—it can't forever. you kmow—when things straightened out—well, we won't be mies then, will we® “And I mAy come back—if I live musketry br Let me told me ‘Go, It ¥ s care to—the: It I care But you—* She made no answer, more bravely up at hi ber band, humbly pressing i They were very young must, come back than t 10 b 2amance | the love of love were strong within them |and slammed do as his superiors | | Short |ing motionless hickly over the polished floor, forming a | see. They called for s volunteer, and mo | OUt upon the lawn. | gained the wali—to be swept back instantly | | | lite golden There hoo might be 1} before them, an: came shouts and be heavy rumble lashed into the behind the sh shook | gently disengaged her you camnot go,” she till T ee s safe to tic.” She the down the stairway A stromg resolute clear above the din To the house, Nineteenth the house! Back tated and ake you r, peer voice cried the g By main force she thrust the door foot of the stairs an officer a bronzed, manly—her brother “This way, men!" he crie He confronted the gitl, ga Betty. Hoped you and the in the north by this time. my letter? Go o0 the cellar there unless they fire the house. Hurry She stood with whitening face, sta blankly. The door was broken and through it swarmed a sweating throng snapping reports the uproar A man threw up bis hands and, cur anged forward ihrough the doorway, ! inert. Hi bor hes R eared, ta . dashing ing. “H Dido't you ge you'll be saf front split little pool Out of the way, Betty' recom and barricade the “No, no,” she pleaded. there!" dows' He threw her aside roughly and the door was thrown open, and the officer paused Calmly a slim figure stepped out, a revol ver gleaming in either hand. man’s band moved slowly toward his hol ster. “Yoa surrender’ “Tll die first! The boy sprang forward” The man's arm straightened quickly. The girl struek I as he pressed the trigger and the shot flew wide. “So, Miss you've turmed traitor!” you must ertain death “Yes,” she breathed, and bung her head. | ¢t you | smile He stopped and took | must and bim back d man 'd be 4| the Men, take this “Not there, mot momentary dumfounded silence the | He pushed her frem him znd stepped back, | SUPREME COURT SYLLAB wing opintons will be ofcially t Coffee. Appeal from Pound, L. Division ris to declare es mmon law in should be used Its exercise is not e inapplicability of extending to the whole te, or, At jeast dicta E to the rights ro’ia foree as altered by statutes mon law does give e and exclusive ater of the ¥ the use by riparian owr inguishes between (hose the taking uantities and a consid with its ordinary f the law arian owne as near as may Dbe, ch to_exercise his 3 with due regard to her riparian owners 1o apply the same or other purposes. owner may take water ir a stream r purposes of irrigation. But his f the water for such purposes must r the size n and charac am, the o which its waters sther ripariar no ture © doing unreasonab. ume such water wrers, nor nable use of .t by them What is + reaconable use rriga « largely a ques pendin, the which may be v in semi-aria_region: poses neceseart prevent of water for involves eediess diminution stream, to the in asonable water by “squat- jzed by the laws s of its courts nized or widely does not by Revised Statutes settler wh that way fc exclusive right on the same stream. Who 80 approp.lates wat duly enters and receives a patent to the land from the governme: may, as against other patentees from the government upon the same stream. count e time water other settlers u s and afterware as a mere squaiter in making out tutory period of prescription. Appropriation of considerable quanti- of water in eeasons when that may be yut sensible ot give a prescriptive right to e_whale stream in dry seasons. Crawford County against eal from Dawes. Reversed, olcomb, J. Sedgwick, concurs separate The doctrine of the civil law with re- spect to the right of acquiring an interest in the use of water by prior appropriation | ana the application thereof to a beneficial | use has never become 1 part of the laws of this state, and this without regard | whether the doctrine was ever in existence | 86 a part of the laws in force in the terri tory acquired by the U'nited States known e Louisiana purchase, / The law rule with respect to rights of private riparign en a part of the laws of the state nce the organization of a state gov- h ever ¢ ernm annot be sald trat the common law defining the rights of riparian proprie- tors is inapplicable to the conditions pre- vailing in the state because irrigation is found essential 1o successful agriculture in « portions thereof. 4 A riparian’e righ' to the use of the flow of the stream passing through or by his land is a right inseparably annexed to | the soll, not as an easement or appurten- e, but as a part and parcel of tl land, such right being a property right and em- tled to protection as such, same as private property rights generally. The legislature has not abolished, nor oes it row— the power to abolish, the rights of riparian proprietors which have become vested. except as such rights be ired for a public use in an powers of eminent domain, which compensation must be made for the injury sustained. & The provisions of section 41, erticle il, | chapter xcilia, Compiled Statutes for 1901, | and -of section 21 article 1. Constitution, IS t drawing his sword. The toy dodged and | etthorize the condemnation of the right of hit him suddenly tetween the eyes. fell heavily against the balastrade. | The boy threw Limself down the stair- He reeled slightly, but plunged forward and in a moment. he had way, & target for a score of shots. Ly a horde of men in gray and butternut The rebel yell shrilled upon the rir. drunk with the joy of anticipated victory shouted and capered as they charged. Tt doors and windows of the house spat fire | and swift death The line withered wavered. The yvell died out. The lne I | back, rallied, again was driven back, ¢ | pletely ~hattered I've a sister, but mother | ! reached | He could see her piaicly standing | Dot bear it | | He Men | a private riparian proprietor to the use and | enioyment of a nggural stream flowing past h pairment by an appro- T h water for frrigation pur- | poses, and such riparian pruprietor may recover damages In the same way and sub- iect to the same rules as & person whose property is affected injrrionsly by the con- ftruction and operation of a railroad. 7. The irrigation act of 18% authorizes and regulates the sppropriation of the waters of the state tor frrigation and other pur- poses which are declared to be & public use and in making appropriation of waters as contemplated by the act a riparian owner whose property rights are appropriated or mpaired is entitied to compensation for th injuries actually sustained, to be recov. ered in a sultable action or proceeding in- stituted for that purpose. S As to those sireams of ‘water flowing Men fought as wild ani- | 0n the state which may be classed as mals to cross the wall, frantic to escape | interstate rivers, and along the banks of that bell of elaughter. the top omce faced the house—darin The boy, more, turned gallant, debonaire. fall cxposure of the veranda, fearless—and so sweet. Something like a sob rose in his throat. went toward his lips, stopped at his breast then came away with the handkerchief—ber bandkerchief—crimsoned with his blood. He ward, falling upon his face to consclousness. The battle had passed on and cut of the valley. Mid-summer silence brooded, broken only by the shrilling and rasping of insects. Instinctively ber bands. She mi Ah, the pity of it! She must not * * ¢ she forced ber hands away ring at his throat. fight with his command, rather than bere | piouse. in safety—and caged! How long she was' What if she should play him false? He paused, frowning, and dug his hands deep into his pockets. Then he smiled; he saw her again as ebe had stopped there at the door to say, “You are my prisomer!”— dainty, tewitching, s perfection of giri- hood. A gleam of white sofa caught his eye r Eandkerchief. He stooped and picked it up, holding It giz- gerly ia his band, wondering at its sheer texture, damp with her recent tears Whet couid have made her so A sweetheart gone to the fron hless Yankee, doubtless. He felt vindictive toward this imagin- Then quickly, and without pre he rawed the bandkerchief ie hardly was conscious of wha and he questioned not why pellbound by the desire * * be looked entrance, he saw her | band still cn the ko {a plate beaped with f0od. She was pale |and shaken, tremblice, her bresth coming in shori gasps, her eves wide and terrified | He @ropped his hand to his side, erushing | the bit of cambric in his palm “Quick'” she cried. “You must hurry | Our men are Being driven back, and 1 must {Bide you. You can't stay here—it's too extremely ary lover rance ide the door, one » this bouse would 1 jon't know' In But you my own “T could not think of it. What if I were found? No, I must go; Tl chance it. I've | reckon the shadow of the | to the prophet on Ara Poor | My boy.” Her lips softly. “Can you live? Can you “Live What life there was warmed his eyes to adoration His volce ghthered strength koow & man can't die Kkissed like that? Live touched his “Live? ter he's sweetheart? Faint and sweet & of bugles trembled on these two it was as b = His promise for the f: He lived held POINTED PARAGRAPHS It is easy to gaw em ge a man's es | when he is full the subtle frag- | again, roused by ber | | | The more a man is wrapped up in bhimsel e colder he is Silence may be the wit of fools seldom bave it with them The average man is a good nurse when | comes 10 pursing a grievance A South Side museum curiosity is a man the other hold‘ng | who can talk faster than his wife Any woman who speaks ill of her neigh He would | have waved ber a kiss, but the hand that | ‘ed for a moment, then lurched for- *| Slowly, weeping and shuddering, she came she covered her face with t not look, she could Resolutely Her eyes Somebow brow in him Don't you been 1 just singing To e rainbow s token and but they | as he | which meander iines have been run by the and | government in its survey of the public Jands, the question is left oven ae to o a juring which he appropriated the | njury to lower own- | Hath- | | tor whose right a | proprietors | .| whether or not the waters of such streams may not be irested as waters of navigable rivers and to which riparian rights of an adjoining landowner would not attach as against the right of the public to use the waters thereof by its appropration and ap- plication to beneficial purposes. s While as an abstract tion of \aw a riparian proprietor has the ordinary natural flow of a stream, this rule would furnish no basis for - - | tion where water is for irriga- | tion purposes: in order to entitle a riparian owner to com tion he must suffer an actual joss of injury to his ri estate, which the law recol as belonging (o Rim by reason of his right to the use and | eaforment of the water of which he is de- ved v plh Ordinarily s riparian proprietor s .| right to the use of water of & siream is 1imited to ita e for domestic purposes; | and if applied the irrigation of riparian jands, & reasonable use for such ?urp«'e in view equal right to use belonging to all other rparian proprietors. 11. The right of & riparian proprietor as euch to use water for irrigation purposes is limited to riparian lands. 12 The right cannot be extended to lands contigbous to the riparian land nor can be diverted $0 non-riparian lands | By the i ~ | ‘ Policemen, bors gives them license 10 get back at ber Practice is eald to make perfect Never try to dispose of wedding present it you would preserve your confidemce | triends The unexpected mever happens. There § slways some wise guy standing sround wh says “1 told you s0.” Tell Tals Electric Bitters cure female complaint surely and safely: dispel Beadaches, back aches, nervousness or to pay. oc. Fo sale by Kubn & Cs Your Wife. yet few doctors or lawyers are models of perfection s n s o right to ! are THE BEST Sestbeans only are used. xtra care exercised inblending. ocoa shells and dirt are removed. dulterations not permifted. se of most improved machinery. tandard of merit- our watchword . which might be is not 12 Land to stream flowing 4. The exten any ev ex single entry or ment, and whe e er | of her the right ¢ other the right cation o a b owner, may exist in time and both do exist state 16. The rights is u takes preceder jor in The riparian | usufructuary Inte secures the land t and the appropi imants. I8 THe tofore existing. . The court wi the fact that since the western port frrigation has been cessful agricul k3 tice has existe: ing_waters thereof into 1 plication of such agricultural purp rights bave been acquired depend on the facts and circumetance disclosed in any particular c 1. The right to the use of quired by appropriation property right and b better titie to uch water than 22 The act of congress of July . granted to those a priating wa the public domain fo a right in and to when made acec when such right le recognized by of the state or the decisions of the ¢ . The act of page 165 was an stoms 01 tmpt | right to appropriate lic domain & ing in the a us, and expressly rights ot those wh public waters and rding | cultural uses 34. The duties of the gation as provided for in of 18%, chapter Ixix, Sesei ministrative an judicia of the statute c board is not unconstitutional ferring judicia. wers on executive officers. 2. Where a large number of pereons clain rights to use or divert the waters of etream by virtue of riparian righ tions, prescription or otherwise, a [2 equity to determine such rights. en- Join infringement, under color thereof, of Fights acquired under the irrigation uct may be maintained to avoid multiplicity of ruits, . The plaintiff in mich a suit may offer to do equity by compensating riparis: owners whose rights are affected by the construction and operation of a canal with- 04t leaving them to their actions at law, £nd in that way the amounts due the sev- eral parties by way of damages may be- come a proper subject of inquiry and ad- judication therein. ¥ %7. The term ' domestic purposes” as used in section 43, article ii, chapter xcilia. Com- Statutes for 1%1. has reference 1o the Dse of water for domestic purposes per- mitted 10 the riparisn proprietor at com- mon law, which ordinarily involves but little intérference with the watere of a stream or its flow. and does not contem- late diversion of large quantities of water [a canals or pipe lines 28 The common law does not give t riparian owner an absolute and exc Tight to the flow of all the water o stream in its natural state, but only & rign: %o the benefit and advantage of t flowing past his land so far as co: with & like right in all other riparian own “% A riparfan owner having a super title to the use of the water of a strea against a ator fs nct entitled to maintain an_injunction 1o prsvent the diversion of the storn. or flood waters of the stream and thereby prevent its appiica- tion to a beneficial use as contemplated by the statute. 3. There is no such thing as a prescrip- tive right of a lower riparian owner to re. celve water ainst upper owners. Re- ceiving the full flow of a stream for m 0- utt | than ten years does not give a prescri vight that will prevent reasonable us waters by an upper owner. Bey ANl Its Rivals, No salve, lotion, balm or oil can compars with Bucklen's Arnica Salve for It kills pain. Cures or no pay. sale by Kubn & Co. A Literary Hand-Me-Ount. “An’ hew id you fare at the house on the hill™" inquired Wandering Willie of Meandering Mike. “Pine!" replied the meanderer. “The lady gave me a little of most everything you could mention.” “Not Lash ™" “No; a pocket Plain Dealer dictionary."—Cleveland ln;tly Relieved, Quickly Cured ase of pParacamph A Soothing, Cooling, Healing Remedy Reduces the Swelling, Removes all Soreness, Stops the Burning, Draws out Fever and Inflammation, Prevents Bad Odor, Stimu- lates the Circulation, Keeps the Feet Warm and Comfortable. Motormen, Conductors, Clerks, and all those who are on their feet & great deal shouid always keep a bottle of PARACAMPH in their homes for use at night. Gives Instant Relief to Corns, Bunions and Frost Bites. We Guarantee every bottle to do What we claim for it. If it fails your money will be refunded. 25 cents, 50 cents and $1.00 bottles. At All Good Druggists. FOR SALE BY KUHN & CO., 15TH AND DOUGLAS STS., OMAHA.