with a thousand cushions about and a great many big fluffy chairs-trailing about in a picturesque tea-gown with her hair curled all over her head to bring out those red lights, and a chatelaine for her housewifely keys, she might be adorable."

"But that is not the kind of thing he adores. He prefers a hotel to a house, and he admires tremendously the sort of women who look their best on the promenade, who are smart, well set up, tailor made. He would be immensely devoted to a greatly-admired woman." "And it would never occur to her even to wish to be admired except by One."

"And that will never come to pass. O, I wish she would let me teach her how to snub him a little ! He would admire her so much more for it," sighed my friend fervently.

I received afterward two fragments of information regarding these young people. A month later my friend wrote: "The trousseau of our little bride numbers ten frocks, all worse than the others, but she made a joke yesterday and he laughed. I am going to direct her to a tailor, but it will never be any use. She would make a riding-babit look negligée."

A year afterward : Do you remember those young people you took an interest in, each an excellent person who would have suited somebody else so well? They left this hotel long ago and I knew nothing of them, but to-day I found in the paper an item to the effect that she was about to take up her residence for a time in Sioux Falls, South Dakota. Perhaps it is better so; but O, the pity of it!"

THE

OCTOBER SONG.

'HE sickle of the harvest moon

Has reaped its full of days,

O'er meadows brown and garnered fields There dreams a mellow haze.

Yellow at noon as ripened corn

The drowsy sunbeams glow,
Red as the grapes in wine press trod
The westering sun sinks low.

Blue as the autumn's rain-washed sky
The gentian-jeweled slope;
The asters in the purple dell
Dream of the heliotrope.

An opened mine of sunlit gems
The leaves on mosses fall,
Soft echoing bird melodies
Through woods the low winds call.
From tree to tree within the dell
The quick eyed squirrels spring,
With whistles glad the forest yield
To forest homes they bring.

The corn is ripe, the sheaves are bound,
The foaming presses flow,

Where gold as wheat and red as wine
The fragrant apples grow.

The toil is past, the harvest home,
The merry reapers sing:
"Royal is seed time, Summer's
October is the King."

queen,

JESSIE GOODwin Moore.

HE PACIFIC OCEAN is supposed to cover sixty-eight million square miles, or fully one-third of the whole earth's surface.

working FOR THE GOVERNMENT.

MORE ABOUT THE COURT OF CLAIMS.

NE large class of cases in which the Court of Claims Depredations. The Act of March 3, 1891, provides that citizens who claim that their property has been taken or destroyed by Indians who are in friendly relations with the United States, may bring suit before the Court of Claims. If the petitioners are able to establish the jurisdictional facts and can prove the loss of their prop erty, the Court will give judgment against the United States and the Indian tribe, a member or members of which committed the offence.

When such judgments are obtained, the plaintiff is paid from funds which the United States owes the defendant tribe. If the United States happens not to be in debt to that particular tribe, the judgment is paid out of the National Treasury and charged against any future funds which the Government may be called upon to pay that tribe. If there should never be such funds, I suppose the United States is the permanent loser because it failed to keep its wards in order.

Prior to November 1, 1892, 8,596 such claims were filed, representing an aggregate value of $33,151,059.67. According to the report of the Department of Justice for 1892, three hundred and thirty-seven of these cases had been disposed of before July 1 of that year. In two hundred and forty-four of them judgment was awarded the claimants, who thus recovered $482,718.87, or about one-half the amount of the original claims. The remaining ninety three cases were gained by the Government, which thereby saved $469,300.25, or more than thirty times the annual sum set apart by Congress for the defence of the Government in this class of claims.

The claims which may be brought under this Act of 1891 date back to the earliest times of our country, and at least one suit has arisen for alleged depredations of the Pottawatomie Indians in 1812. Numbers of suits have been brought for property destroyed by the Creeks in the war of 1837, and so on through the various outbreaks up to the time of the ghost dances in 1890 and 1891.

The property for which damages are sought is of va rious kinds. Stolen slaves, mining machinery, gold coin, Bank of England notes, farm or ranch improvements and stock and crops of all kinds are among the most common. Of the extraordinary claims one man demands the value of a blue mule, while a woman wants several thousand dollars for the loss of a luxuriant head of hair. One would suppose that she would have been only too thankful to have exchanged her scalp for her life, or to have escaped other personal injuries, but she evidently is not. If I remember correctly, the father of this girl put in a claim for a few hundreds of dollars, but as the years passed by and the woman herself took a hand in it, the claim grew year by year until it amounts to thousands.

There is a curious feature of the law under which these suits are brought. The Court of Claims can render judgment against two debtors-the United States and a tribe of Indians-while the service of process is only upon one-the United States, in the person of its AttorneyGeneral. If the Indian or Indians who are interested know of the action they may appear by an attorney if the Commissioner of Indian Affairs approves of such a course; but, as I understand it, there is no provision made by which the Indian defendant must be informed of the suit.

I have already called attention to the fact that the

claims which have been allowed recovered judgment for only about one-half of the sum demanded. The reductions were made in some cases on technical grounds and in others upon evidence produced showing that the value of the property lost or destroyed could not possibly have been so great as the claim set forth. The grounds upon which cases have been decided in favor of the United States are various. Some are disallowed because the evidence does not show that the defendant band of Indians committed the depredation; others are thrown out because the defendant tribe was not in amity with the United States at the time the alleged depredation was committed, while yet others fail because the original claimant was not a citizen of the United States at the time of the destruction of his property.

The Government does its best to defend itself and its wards, but in the cases where it fails it seems rather hard that the present or future generations of Indians should be forced to settle for the misdoings of their forefathers, by whom most of the damage was done. It is a fact, I believe, that no depredations have been committed since the passage of the Act of 1891, and it is unlikely that there will be any on the part of members of those tribes who understand that they are liable for damages.

Through the kindness of General L. W. Colby, who was until recently the Assistant Attorney General in charge of the Government's cases in claims for depredations by Indians, I am able to give abstracts of several briefs which will illustrate the size and quality of such claims.

In 1877 the members of Chief Joseph's band of Nez Perces Indians in Montana made away with some property belonging to Alfred Wolverton, who owned a ranch on the Yellowstone River. Mr. Wolverton promptly put in a claim for his lost goods, which he valued at $7,251.90. Such claims, at that time, had to go first to the Commissioner of Indian Affairs, and this one was disallowed by that official in 1879. In 1882 it was again considered by the Bureau of Indian Affairs, and the Commissioner allowed the claim, but cut it down to $6,500, and in this shape it was reported to Congress. In 1885 Congress returned the matter for still further investigation, and as a result the claim was finally cut down to $285. While the matter was still before Congress in its amended form, the Court of Claims was given jurisdiction in such cases, and the claimant decided to bring suit there for the original amount. Now the United States objects to paying even the $285 on several grounds, the chief of which is, I think, that the Nez Perces were hostile to the United States when the depredation was committed.

In 1866 some members of the numerous bands of Snake Indians made a raid in Idaho, within thirty miles of Silver City. Among other offences, these Indians killed Frank McCoy, who was hauling a load of merchandise from Walla Walla to Silver City, and seized his property. The administrator of McCoy's estate put in a claim to recover $1,650. The itemized bill read as follows:

been committed by the only band of the Snake tribe which had at that time a treaty with the Government, while the Attorney for the United States put in evidence to show that the two tribes which occupied the region where the raid occurred were undoubtedly hostile to the Government.

It is usual for a person who has lost some property through Indian raids to make the claim as large as possible by putting in the value of that which he had rented as well as that which he actually owned. Messrs. Bradford and Bishop had leased a sawmill out in Washton while it was a Territory. During the "Cascade Massacre" the property was destroyed and the firm brought suit to recover not only the value of their lumber, but also that of the mill, which did not belong to them. The claim was for $3,990, of which only $1,273 was for lumber.

Sometimes the claim for damages seems perfectly proper, except that i should have been more judiciously divided, and a part brought against the Government alone. Matthew Wright, a citizen of Minnesota, lost considerable property during the Sioux war in the fall of 1862. The total amount classified by him now amounts to $10,701.50-nearly two thousand dollars more than he originally asked, and is divided into six causes for action. As I understand it, the original claim was for $8,774, and of this it was decided that $1,350 worth of damages had been done by the Indians, and Mr. Wright was actually paid $1,150 on this account. Before getting the balance, he decided to bring suit in the Court of Claims for $10,701.50 less the $1,350 which had already been awarded. By this means he hoped to receive $9.351.50 in addition, which would be fully five hundred dollars more than he had asked before the Government paid him a cent. Now the Government does not argue that the amount of his original claim was so much out of the way-in fact, it hardly touches on the point at all, but it does claim that a part of the property which the claimant had valued at $5,344 was used by the Army of the United States, and that the Indians could not be charged with it. The items thus cut out consisted of a ferryboat, a blacksmith shop, a sawmill, including fixtures and dam, and growing crops of turnips, potatoes and oats.

Here is a specimen claim of the seventy-three arising from the hostilities of the Rogue River tribe of Indians in Oregon in 1853. It is claimed on the part of the Government that it had no treaty with this band until the close of the war during which the depredations were committed, but this does not mar the interest of the

DEAR SIR;-I am very grateful to you for advising me to use Piso's Cure for Consumption. I have gained 30 pounds in weight, and am now well. Yours truly, J. W. KIVETT.

Wilbur, Ind., Jan. 26, 1893.

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•$455 00

It will be noticed that no price is put on the oats, barley or fence rails. The claim was put in for $1,093, and as his own inventory values the rest of the property at $445, he must have considered the twenty bushels of oats and barley and the one hundred fence rails worth $538-somewhat more than all the rest of his property.

As I have said, there were in all seventy-three such claims, and the Government appointed a commissioner to investigate them. The Commission allowed $43,140.75 for the payment of these seventy-three claimants. Now the United States had made a treaty with the tribe at the close of this war, by which the Government agreed to pay the Indians sixty thousand dollars in consideration of the relinquishment of certain lands. Of this sixty thousand dollars the treaty empowered the Government to retain fifteen thousand dollars for the payment of claims for damages to settlers during the war. This, of course, was before the Commission had made its award, so the Secretary of the Interior had to master the problem of how to pay $43,140.75 worth of claims out of the fifteen thousand dollars. He solved it by making a pro rata payment of 34.77 per cent to such claimants as made application therefor on surrender of the duplicate certificates of award issued to them by the Commissioners. Some did this and others refused, but whether they gave up their certificates or not, nearly every claimant has brought suit in the Court of Claims for either the whole or the balance of his claim.

Mr. Anderson was one of those who took $380.04, gave up his certificate, and whose administrator, Edward B. Myer, is now trying to recover the sum of $702.96-the balance alleged to be due. I might say in passing that Mr. Myer brings suit as administrator in two other cases, in one of which the pro rata payment had been accepted, while in the other it had not.

The attorney for the Government claims that Mr. Anderson has already received almost the full value of the property, according to his own final inventory, and more than its value according to his own witnesses, who mention nothing but a house and canvas valued together at $360. Even the original affidavit of the claimant mentions only his house, tent and saddle and puts the value at $380. The chickens, oats, barley and rails seem to have been an afterthought.

Trials of cases in the Court of Claims are to be conducted according to the ordinary rules of legal practice, and I think I am right in saying that while sentiment is frequently resorted to in verbal argument, it is seldom to be found in the printed brief. I may be pardoned then for quoting, as a legal literary curiosity, the following paragraph from the brief of the claimant's counsel in the Anderson case:

We have seldom shed a tear, even while marching around the graves of departed Masons and friends, but we have just paused to wipe away the tears, so we could see how to write the words, pay the widow and the daughter, who has struggled from infancy to womanhood without the youthful earnings of her father."

The question still remains to be decided, I believe, whether, when property is destroyed during war between the United States and its Indian wards, the claim for losses should not come before the legislative rather than the judicial branch of the Government until Congress shall have made the moral obligation of the Government a legal one as well. ELLA S. LEONARD.

THE

THE PLAYERS.

WHAT ACTORS THINK OF AUDIENCES. II.

HE public of to-day would patronize Shakspere's plays if there were only actors to play them. This can hardly be expected, however, while the serpentine dance appears to "draw" better than anything else. Yet I hardly see how roof-garden entertainments can tend to degrade the public taste-they are too elevated to do so. Farce comedy has not yet had its day; it is too popular with the masses of American theatre-goers. I don't think, however, that the best form of burlesque is thoroughly appreciated; in my opinion The Seven. Ages" is the best burlesque produced in my time, and it utterly failed.

I have found the most intelligent and most enthusias tic audiences in New York, Boston, Chicago, Philadel phia and San Francisco. The success or failure of

a play in Boston or New York depends on the dyspeptic condition of the first-nighters. Attendance at the theatre is no doubt influenced by favorable or unfavorable comment by the press, but sometimes truth will

out.

Is the public fickle? Very, but it is so good! By the law of compensation lines that make a hit one night will fall flat the next. Men of about forty years of age and women of about twenty are the quickest to catch the points in a play.

Can clever advertising and press-work and a forced run make a play eventually draw paying audiences? By all means. Ask one or two of our leading managers.

I have found that the middle classes are the main support of the drama in all countries. That indefinable something we call magnetism, for want of a better name, is the quality that makes an actor successful with the public. If an actor is endowed with extraordinary magnetism he is very sure to reach the top of the ladder in point of popularity. ALEXANDER SALVINI.

THE

'HE diverse impressions that acting makes upon successive audiences has been often, in my case, a matter of wonderment. The speech that will cause tears, or maybe laughter, on Monday may be received in stolid silence on Tuesday; and what may convulse with some kind of emotion a matinée audience of women may fail of its purpose in the evening before a gathering composed, in good part, of men. If it were not so, the world would be stupid indeed and much of the keen expectation as to the evening's reception would be lost to the actor.

I am an Englishman, and I cannot explain this state of things. Perhaps if I were an American I would be ready with an answer. What I can explain, however, and what annoys me very much, in connection with an American audience-before which I have played only in the "Prodigal Daughter" at T. Henry French's American Theatre-is the fact that a very considerable portion of it will come in late; let us say after the first act is over. Then those belated persons will say, when asked their opinion of the piece and its interpretation: Well, you know, I think I like the play; but who is

66

For Tired Brain

Use Horsford's Acid Phosphate.

Dr. O. C. STOUT, Syracuse, N. Y., says: "I gave it to one patient who was unable to transact the most ordinary business, because his brain was 'tired and confused' upon the least mental exertion. Immediate benefit, and ultimate recovery followed."