THE OMAHA DAILY HEEt : AVRDNESDAY , MAROH 7 , 1801
WHO MAKES THE TAX LEVY
Omaha's School Board and Council Before
the Supreme Oonrt.
MEANING OF THE LAW FULLY DISCUSSED
Attorney AIolUlo Contend * Hint tlin Council' *
Duty U JHInlxtrrliil nnil Atlorm-y t'onnell
Argun * that It I * DUrrotlonary
.Supremo Court Notrn.
LINCOLN , March (5. ( ( Special to Tlio Dec. )
Tim case In which thn school district of
Omaha nppllcx to the atiprcmo court for a
peremptory writ of mandamus to require the
mayor and city council of tlitxt city to levy a
tnx upon the taxable property of that city
HUfflclont to raise the sum of $70,000 for the
support of the nchools for the yc-ar 1891-5
was argued before the supreme court thin
forenoon , Attorney Jumos 13. Molkle appear
ing for the Hoard of Education ami Hon. w
U. Conncll for the mayor nnd city council.
In his argument before the court Attorney
Molklo first reviewed the history of the
nchool law of Nebraska , attempting to show
that each Incorporated metropolitan city con
stitutes ono school district , and nucli shall
bo a body corporate and possess all the usual
powers of rt corporation for public purposes ;
that the KCliool shall bo under tliu direction
nnd control of the board ; that the affairs ot
the school district shall bo conducted by the
board ; that the board has po er to provide
for the payment of debts , and that the
fltatutcs make It the duty of thu Hoard of
Education to annually report to the city
council the amounts of funds required for
the support of thn schools and that thn city
council Is therefore authorl/.ed nnd required
to low and collect such amounts the samn
as other taxes.
Mr. Mclklo's argument was brief. Ho
closed by saying :
"The fact that the legislation has placed
the management of affairs of the school dis
trict In the hands of a board consisting of
fifteen members , who are required to meet
at least twice In each month fpr the trans
action of thu business of the district , who
nro presumed to know Its needs and who
glvo their time nnd special attention to tha
fc welfare of the schools , would clearly Indi
cate that the Intention was to give the board
exclusive control of all matters connected
with the Hchools , except as to the ono Item
of levying and collecting tha taxes , and that
Is given to the city council solely for the
mason that the taxes can bo collected In
that way nt a very slight Increase or ox.
penso over the collection of the city taxes ,
whereas It they were collected by the
board a great additional expense would be
Incurred. This is a sufficient reason for the
placing of the levy and collection of the
taxes In the hands of the mayor and council.
It Imposes upon them a ministerial duty
only , and does not call for nor permit any
exorcise of discretion. It Is for the board to
oay how much shall bo raised , and It Is the
duty of the mayor and city council to
raise It. "
ATTOUNKY CONNER'S ARGUMENT.
Upon the part of the city council , MrT
Council argued first that the writ should not
issue against the mayor for the reason that
the statutes rolled upon by the Hoard of
Education Imposed a duty upon the city
council , but none upon the mayor. The only
olllclal act Incumbent upon the mayor In
connection with the levy of a tnx Is to
npprovo or disapprove the ordinance of the
council ordering such lovy. No such ordi
nance has been presented to the mayor for
approval. Hence It Is Impossible that he
should have refused to approve It. In other
words , Mr. Connell maintained that the
mayor has not refused to perform the duty
which the Hoard of Education claims Is Im
posed upon him In this matter. Then , Mr.
Conncll contended , the writ runs against
the mayor and city council , two separate
parties. If It cannot bo sustained as to the
mayor. It must be denied altogether.
Answering the claim of Attorney Molklo
that the duties Imposed upon the city council
by the statutes were purely ministerial and
that the council was compelled to levy any
tax within the 2 per cent limit that the
Board of Education might dictate , Mr. Con-
neil cited the fact that the Omaha city
charter became n law In 1887 , whllo the sec
tion of the statutes quoted by the attorney
for the' school board was not enacted
until 1891. The charter ( section IB ) provides
that the mayor and council shall have the
care and management of the- city , Its prop
erty nnd nuances , and "shall have power
to pass , amend or repeal any or all ordi
nances not repugnant to the constitution
or laws of the state , " etc.
"Tho care , management and control of
the city finances , " contended Mr. Connell ,
"necessarily Includes the oxerclso of full
discretionary powers In lall departments.
The construtlon contended for by the at
torneys on the other sldo completely takes
out from under the control of the city gov
ernment a most Important matter of city
finances. Not only that , but It seriously
Interferes with the city's management of
Its finances In all other departments , since
it puts It In the power of the board , by the
extravagance of Its estimates , to compel
the city government to reduce below proper
limits levies for the maintenance of other
equally essential expenditures. It destroys
the power of the city government to ox-
orclso Its plainly granted power to fix the
proportion which each expenditure , In Its
Judgment , should bear to the whole mu
nicipal taxation.
"In the levy of nil other taxes full scope
Is given to the mayor and council to oxor-
clso their discretion as to the amount of
the lovy. The mayor has the veto power
and tha council the right to. consider his
objections. The words , 'tho same as other
taxes , ' Includes the foregoing as much as
any other parts of the tax levy nnd collec
tion proceedings. The statute does not say
that the amount named In the estimate
Bhall bo levied. The requirement Is that
the council shall levy the said amount ,
viz. : The amounts of funds required for
the support of the schools. Such construc
tion would preserve the power of the city
government to oxerclso Us discretion In
making the levy nnd give to the board's
estimate a directory Instead of n mandatory
force. The estimate of the board would
In that case hnvo the same functions as
the estimates of the comptroller In other tax
levies , to aid and Inform the council.
"I submit that under the constitution no
other construction can bo put upon the sec
tion lu question which will preserve Its
--yallillty. "
"
IIBVIVBD THE HILL CASE.
Interest In the case In which the state of
Nebraska seeks to recover from ox-Treasurer
U. E. Hill and lils bondsmen the money lost
In the Canltal National was revived this
forenoon by papers filed in the supreme
court by Attorney General Hastings. It
Will bo remembered that the attorney general
and Judge \Vakoley , who had been retained
for counsel by the state , commenced an
notion against Hill nnd his bondsmen In the
district court In nnd for Uoiif-lns county.
3udgo Davis dismissed the case on the
pounds that the court In Douglas county
lacked Jurisdiction. The case was appealed
to the supreme court and some two months
igo that court affirmed the opinion of Judge
Davis. The state applied for and received
permission to file nnd argue a motion for a
rehearing.
1'ondlng the application for a rehearing
llio attorneys representing the state will
endeavor to secure a modification of the
rules of the supreme court , or. rather , the
adoption of n now rule especially covering
the Issues Involved In the present case ,
Section 2 of article vl of the state constitu
tion provides specifically that "tho supreme
eourt * shall have original Jurisdic
tion In cases relating to the revenue , civil
coses In which the state shall bo a party ,
mandamus , quo wnrranto , habeas corpus and
luch appellate Jurisdictions as may bo pro
vided by law , "
In the application to the supreme court
today the attorney general calls the nttiin-
tlon of the court to this specific provision of
the supreme court and calls further atten
tion to the fact tliht no provision has , as
yet , been made by law for the service ot
process In such cases , or as to the methods
uf procedure by which such Jurisdiction
may bo exorcised.
The attorney general further represents
that heretofore controversies have fre
quently arisen of such character and Impor
tance that It would have been greatly to the
advantage of the state If the attorney gen
eral In his discretion could have Instituted
uul prosecuted such actions In too Buureni *
court nnd thnt controversies of like char
acter and Importance nro liable to frequently
nrl. e In the future. Ho nets forth the fact/
that nt the present tlmo It la ncccs/inry for
the attorney general to speodlly commences
and prosecute nn notion , under direction ot
the Governor of the stnlo , ncalnst ex-Treas
urer Hill and othcra who were sureties on
his official bonds. Ho be 11 oven that thb
cnso Is a nt and proper nctloii to bif brought
originally In the aupromo court. He believer
that the supreme court has full power and
authority to provide by appropriate rules
for the necessary process to .bring parties
bcforo It In such case * nnd ho asks the court
to take such- action as may be proper nnd
necessary to thnt end. "
The court advised the attorney general
that his application would bo formally
heard nn March 20 , both by oral argument
nnd printed briefs. Ho was Instructed to
prepare briefs and Rcrvo them upon attor
neys for ex-Treasurer Hill.
EFFIGY HANOEll APPEALS.
Z. T. White , the Nebraska City man last
week convicted of hanging J. Sterling Mor
ton In effigy nnd who was fined $200 for the
offense , has appealed to the supreme court
against the decision of the lower court. Ho
claims that there Is prejudicial error In
the record of the trial of his cnso and that
ho did not have a fair nnd Impartial trial.
Ho hns not yet filed his bill of exceptions
nnd nllcges thnt ho Is without money or
property to pay Iris fine ! that ho Is the head of
n family , which Is dependent upon him for
support ; that ho Is dependent upon his dally
labor for the maintenance of himself and
family ; and that to compel him to lie In
Jail Is practically to deprive him of the bene
fit of his right to be heard In this court.
State against Stale Bank of Waltoo. Ex
ceptions to report of rcfcrco to bo filed by
March K ! .
The following causes were argued and sub
mitted : Illpley ngalnst Larson , on motion ;
Union Stock Yards ngalnst Larson ; State ex
rol School District of Omaha ngalnst Mayor
and Council of Omaha.
nitKSiiA.il rKorr.i : JXCITK .
George II. rilrklnj-nr Charged with Hurn-
Inff 11 Seliool lluimo.
GHESHAM , Neb. , March C. ( Special Tele
gram to The Deo. ) Later developments In the
school house fire , a synopsis of which was
given In The Bee of March 5 , nro Interest-
Ing. A roll of paper saturated with kero-
scno when lit Hashed up very bright , thus
attracting attention nnd affording in oppor
tunity to got n good description of the party
who did the fiendish act. four persons were
within 200 feet of the building when the
first match was struck , two of whom have
since positively Identified the person and
the other two given good descriptions. Two
of them nave chase and came near captur
ing the author of the crime , but darkness
favored him and he escaped.
The fire was soon under control and , after
setting a watch for the night , the citizens
attracted , by the alarm returned homo feel
ing secure , only to bo called up three hours
later to see a fine two story building reduced
to ashes. The fire had been started between
the siding and the plastering , nnd had not
been wholly put out and a stiff north wind
noon brought the embers 'to llto with re
newed vigor. The citizens wore then angry
and nt onrn set about to discover traces ot
the perpetrator. The brace and bit that
bored the hole were found and Identified.
The bottle from which the oil was obtained ,
with other evidence , resulted In the arrest
of George II. Fllcklnger of this place. Mr.
Pllcklnger , usually called "Flick , " came hero
last September from Seward and engaged In
the confectionery business , which soon devel
oped all the features of a saloon except the
legal authority. This state of affairs con
tinued until December , when lie sold out to
avoid prosecution.
JAILUIl IIKAICI ) Till : SAW ,
Attempted Delivery nt Lincoln Frustrated
l > y thn Vlelliineo of thn SliorllT
LINCOLN , March 6. A bold nttempt at a
wholesale Jail delivery of prisoners In the
county bastllo was nipped In the bud last
night by Sheriff Miller. About a week ago
tho. officers heard a sawing sound , but were
unable to place It without letting the
prisoners know that they were under sur
veillance. About the same tlmo It was dis
covered that some ono from the outside had
loosened a stone In the east wall , so that It
might bo readily removed from within. The
county commissioners were Informed of the
doings , but Sheriff Miller deemed It advis
able to bo patient and wait for developments ,
meanwhile keeping a close watch on the pro
gress that was being made. It was hoped
that the outside parties might return , but
they did not. A close watch was maintained
until last night , but the prime movers could
not bo caught at work , owing to the fact
that the cage was occupied during the day
by some thirty or thirty-five men. Lust
night It was discovered that two bars In the
northwest corner of the cage had been
sawed. The plan evidently was to "lay low"
until the outsiders had everything fixed and
to then escape either early In the morning
or early In the evening before the prisoners
arc placed In their cells.
Froinont Ilruvltlcx.
FREMONT , March C. ( Special to The Bee. )
Captain Murray , who has been in the
hospital at Omaha for treatment from the
effects of a fall , has so far recovered that ho
Is visiting with friends In Lincoln.
A case was In district court yesterday
growing out ot the failure ot Ncsbltt &
Rogers , hardware merchants. The ques
tion Involves a priority of mort
gages filed on the stock of the
firm. The document filed recites that on
the day of the failure the firm was Indebted
In large sums to Marcah E. Rogers and
others , all bona fide debts , but the members
could not agree as to the manner In which
they should be secured , and each , without
the knowledge of the other , undertook to
secure such creditors as ho Individually pre
ferred. Decision was deferred until Thurs
day morning.
Mrs. F. W. Smith was yesterday pro
nounced Insane.
J. F. Hanson , R. M. Allen , F. L. Durrlll ,
Robert Kettle , A. J. Leo , Otto Huotto , John
Kruckott and L. M. Kceno have been se
lected to represent the "city and the Board
of Trade as delegates to the Interstate
Irrigation convention at Omaha March 22
and 23.
Blake and Wlcholow , the men arrested for
robblns/Huck's Jewelry store at North Bend ,
wore given a hearing before the county
Judge today and placed under 11,000 bonds
each to appear at the next term of the
district court. In default of bonds they were
remanded to the county Jail.
la the Intercut of Irrigation.
CRAWFORD , Neb. , March C. ( Special
Telegram to The Bee. ) The Northwest
Nebraska Irrigation association held Its an
nual meeting nt Crawford today and was
largely attended by enthusiastic delegates
from the four counties comprising the dis
trict. Some very Important resolutions were
adopted , favoring a. general state Irrigation
law with provisions for experimental artesian
wells In the northwest , and favoring congres
sional legislation for an Irrigation survey of
the western states.
The following delegates wore elected to
attend the tntcrstato Irrigation convention
In Omaha March 21 : C , J. Grablo , Craw
ford ; 17. J. Simmons , Harrison ; E. 1C. Heath ,
Hu.thvllle , and J , S. I'aradls , Hemlngford.
A committee comprising three members
from each county In the district was elected
for the purpose of urging proper Irrigation
laws before the coming Nebraska legislature.
Serious Itostitt of u ( Jimrrel ,
FULLERTON , Neb. , March C. ( Special to
The Bee. ) C , W. Bailey , a young farmer of
Pralrto Creek township ot this ( Nance )
county , whllo engaged In a quarrel with
William Murphy , who halls from Colorado ,
was shot nnd severely wounded yesterday at
his farm. The quarrel was over some cattle
which Murphy was herding getting Into
Bailey's corn and Bailey shutting them up.
Murphy undertook to take JJio cattle out of
the lot \ > y force , whllo Ilalley resisted. Mur
phy then wentxaway , procured n 38-callber
revolver , returned and renewed hostilities ,
which resulted In the shooting of Bailey.
Murphy Is now In the hands of the uherlff.
Ho Is about 20 years old and a stranger In
this .
county. _ _ _ _ _ _ _ _
lirotvstcr I.Ivory Hum llurned.
DUNNING , Neb. , March 6. ( Special Telegram -
gram to The Bee. ) The Thomas livery barn
at Drowsier was destroyed by fire last
night. Flvo horses and ono cow belonging
to patrons of the barn burned. Loss , $1,800 ;
Insurance , $1,000. The origin of the flro la
unknown.
DELAYED BY THE COUNCIL
Another Effort to Secure Important Im
provements at Lincoln Tails ,
IS CHARGED TO RAILROAD INFLUENCE
Onirlnlft of the II. & At. Alleged tn Have
I'ravctitcil n Quorum llclng Present
for thn I'ltrpoHO of Defeating
I'ropined
LINCOLN , March C. ( Special to The Bee. )
The citizens of Lincoln who have been
working to tccuro n viaduct over the tracks
of the several railroad companies north of
the city have met with n rebuff that Is
likely to delay the construction of the viaduct , -
duct for another year. The ordinance has
been before the city council for some weeks.
In. order to make the ordinance effective It
was necessary to submit to a vote ot the
people a proposition to vote bonds for the
payment of the city's share of the expense.
Thin ordinance has also been bcforo the
council for some time , but action has been
postponed upon one pretext and another. The
bond election has been called for April 3 , and
last night was the last upon which the
council could pass the ordinance and glvo
the voters the notice required by law. It
was freely predicted all day yesterday that a
quorum could not bo secured and last night
the predictions were verified. Out of the
fourteen councllmcn but five , put In an ap
pearance , and now It Is openly charged that
the absentees remained away at the Instiga
tion of the B. & M. railroad officials In this
city , who are using every means to prevent
the council from ordering the construction ot
the viaduct.
ALLEGED DETECTIVE SENT TO JAIL.
Ben Brady Is the name of an amateur
detective who Is today behind the chilly
grating of a cell In the county Jail. Ho
claims to belong to a detective agency hav
ing a branch In this city , but In reality he
Is a young man who has figured extensively
on the police court records as a bad citizen.
Friday night ho went to the homo ot a
young woman who has been under police
surveillance for some tlmo. She was living
In a respectable family and claimed to have
commenced to reform her ways some five
months ago. Brady called her to the door
and Indcavorcd to Induce her to pass the
night with a friend nnd offered to pay her
a $3 note If she would again take a tem
porary relapse from the virtue she had
lately assumed. She refused. Thnt night
she was arrested on the complaint of Brady.
After n trial nho was discharged and Ilrady
himself was arrested nnd brought Into court
on the charge of soliciting a female for Im
moral purposes. Hoplalmed that ho was a
detective and was trying to discover whether
Mayor Welr'tT recent orders were being en
forced. His plea didn't go down with the
court and he was fined $50 and costs. Today
he was taken to the Jail because he couldn't
pay his fine.
CONGRESSMAN BRYAN AT HOME.
Congressman Bryan arrived home from the
national capital last night. His friends were
prevented from greeting him with the usual
demonstration , with brass band and torch
light accompaniment , for the reason
that they were unadvised as to the exact
hour of his arrival. Mr. Bryan will remain
liere for a day or so before commencinghis
western tour. Ho speaks nt Omaha Thurs
day evening nnd at Crete ono evening later
In the week. Op Saturday evening ho
speaks at Orleans and on Monday night at
Denver. He expresses the opinion that the
Immense amount of labor that will soon
devolve upon the government In the way of
coining silver dollars will necessitate the
establishment of a largo number ot mints.
Ho believes that one of them can bo secured
for Lincoln and Is sanguine for the success
of his bill.
LINCOLN IN BRIEF.
Joseph A. McGraw today commenced suit
against the 'Rock ' Island Railroad company
for . $20,000 damages. He claims that on
December 28 , 1892 , he was badly Injured by
being run Into by a locomotive belonging to
the company.
The First National banlc of Cadiz , O. ,
today secured a Judgment against the Cap-
Hal National bank for $475.
The democratic city convention has been
called to meet on Friday of the present
week. The republican convention will beheld
held on Monday next.
The residence of R. C. Outcalt , cashier of
the defunct Capital National bank , was this
afternoon sold at sheriff's sale for $9,430 ,
the purchaser being Yonker Bros , of Dea
Molnes. The residence was sold to satisfy
a Judgment secured In district court by
Yonker Bros. This Is ono of the pieces of
property transferred by Outcalt the day after
the failure of the bank , nnd for which the
depositors blame the bank examiner for not
proceeding to attach as soon as ho learned
that the bank was Insolvent.
COKKECTCD CLEIUCAI , KUKORS.
Interesting Testimony Hearing on the Maxi
mum Kato Injunction CHSO.
LINCOLN , March C. ( Special Telegram to
The Bee. ) Some Important testimony was
taken at the state house today bearing upon
the maximum rate Injunction case now pend
ing In the the federal court. The witnesses
were J. N. Gaffin , speaker of the house , of
Republican CUy _ ; II. A. Edwards , secretary
of state , and Porter of Merrlck county ,
member ot the house , chairman of the
committee on railroads at the last session
of the legislature. They were called by the
railroads , and their testimony was not of the
character that will Impress the people of the
state with the methods which prevailed at
the last session.
In response to the question of Attorney
J. M , Woolworth , Secretary Edwards admit
ted that the maximum rate bill might have
been changed whtlo It was out of his hands ,
but was positive that no changes had been
made with his knowledge or consent. Ho
testified that the bill had been read In the
same manner that long bills are always
road , the first two times by the title and the
third tlmo In full. If any changes wore
made In the bill whllo It was pending
they must have been made while the
bill was In the hands of either himself or
ono of his three assistants , Doughty , Little-
field or Shrador.
Representative Porter of Merrlclc county
testified that his attention had been called
to the fact that the engrossed copy of the
bill was Inconsistent with the original bill.
The matter was discussed at an Informal
conference , at which hlmsolf , Rhodes and
Nowberry were present. Speaker Gafiln had
been required to bo present and when ho
came In his opinion was asked. The speaker
had said that If the errors wqre of purely
clerical nature It was the duty of the en
grossing clerks to correct them before com
pleting their work. The errors referred to
consisted ot omissions only. Speaker Gaffin
stated that ho had been called to the con
ference referred to by Mr. Porter and thnt
the question had been submitted to him
whether they had a right to correct errors
In the enrolled bill before It went to the
house. Ho gave It ns his opinion that
purely clerical errors could bo corrected and
ho Instructed the engrossing clerks to that
effect.
Tha hearing will bo resumed tomorrow.
To Impeach Clerk Kklrvlng ,
O'NBILL. Neb. , March 0. ( Special Tele
gram to The Bee. ) The district court , which
has been In session hero for the pjyit three
weeks , look a recess yesterday for a tow
weeks.
Today the board of supervisors met to
take evidence In the Impeachment case
which was started against John Sklrvlng ,
clerk of the district court , last month.
County Attorney II. E. Murphy nnd M. F.
Harrington represent the plaintiff , while N.
D. Jackson ot Nellgh , H. 'H. Ulckson and T.
Vi Golden of this city are the attorneys for
the defense. The main point of the case la
the charge of negligence of duty ; but the
prosecution Is not making the headway they
anticipated. A majority of the members of
tha board ore Independents , whllo the officer
they are attempting to Impeach Is a repub
lican and they mean to get charge of the
office If possible. The case will consume
several days. _ _ _ _ _ _ _ _ _ _ _
Itefiifted to Compromise.
GRAND ISLAND , Neb. , March C. ( Special
to The Bee. ) The- Board of Education at Its
meeting last night rejected the proposition
Making Frierttfe Not Money
rT3 iaHfc ?
CTOTK
A YARD.
< OR
Best 94'Sheeting. ' .
Value 25c.
Lot Half Wool Challles ,
lOic
Regular 20c goods.
Handsome Japanese Silks ,
23c
Value $1.00 and $1.25.
Storm Serges ,
all wool ,
38ic
Value GOc.
English Whipcord ,
58 *
Value Jl.OO.
an
.
Wrf.
Novelty "BHck Goods ,
Valtfp.l.lS. .
from the friends of E. C. Hockenberger , the
defaulting secretary'l't6 ' settle the claim of
$2,000 shortage for$1,000 , the vote standing
C to 2. A lively fighttwas made , however ,
upon the resolutton' 'to accept before the
same was voted dowh. Miller , ono of the
two members who vbtqd for the acceptance ,
'
offered that 'if the other members would pay
their share , lie , -ias , ono of the eight who
neglected to require a second bond of Hock-
onberger , would bo willing to pay his pro
portion of the amount , $125. During the
tlmo Hockenberger's first ahortage occurred
his actions were Insured by a bond of $1,000 ,
which bond has , however , disappeared. For
the next term the board neglected to take a
bond. A resolution1 was passed appointing a
committee to Investigate fully and see to
the recovdry of the missing bond , the resolu
tion providing for as many search warrants
as may bo found necessary.
Nuckollg County Tciichers Organize.
NELSON , Neb. , March 0. ( Special to The
Bee. ) An unusual degree of Interest Is man
ifested In educational affairs In Nuckolls
county. On March 3 the county educators
were Invited here by the county superin
tendent , Miss Cella A. Gorby. About 300
people , composed of teachers , district boards
and friends ot education , were present 'at the
Nelson High school building and were enter
tained with a bright , Interesting program of
beautltul music , excellent papers and able
discussions. A permanent association was
organized. The organization starts with a
good fund for a county teachers library end
to provide for lectures and suitable Instruc
tion for the actual training and preparatory
work to bo dona In these associations.
raying an Kiirly Dividend.
GRAND ISLAND , Neb. , March C. ( Special
Telegram to The Bee. ) Receiver Westervolt
has announced that a dividend of 25 per cent
had been declared to the depositors of the
Citizens National bank , payable about April
1. A dividend was expected about April 15.
The news Is received with delight , as It will
do much to. loosen the stringency In this
community. The dividend Is considered as
an exceptionally early and good ono.
Child's JliimlH
KEARNEY , Neb. , March C. ( Special Telegram -
gram to Thu Boo. ) This afternoon whllo a
youn'g son of John Barnds , living south of
town , was out hunting , ho was resting on
his gun with his hands over the muzzle
when It was discharged , the contents passing
through his hands and taking oft part of his
left oar. The right hand will probably have
to bo amputated. Ho is 13 years of age.
Working for Dr. Miller.
CRETE , Neb. , March B. ( Special Tele
gram to The Beo. ) The city council of this
city , by unanimous vote , telegraphed the
following to the president today :
He It resolved by the mayor nnd council
of the city ot Crete that this body Jolna
with the rest of the Btnte In earnestly re
questing the appointment of Dr. George L.
Miller of Omahn to"tho vacancy on the
Interstate Cumincrc.e commission.
Itml Cloud Ittmlileuce Destroyed.
RED CLOUD , Neb ; , March 6. ( Special to
The Boo. ) At 1 o'clock last night the dwell
ing of B. P. Mlzer. ' the finest residence In
the city , caught flro and was nearly de
stroyed. Loss $ 1,500 ; Insurance $ -1,000 on
building and $500 on' household goods , In the
BrlttshiAmerlcan.
- l-o.
KIl.LKD IV' ' C.irK8-lf.
Four miners in Ono3tliio : ! and Three In An.
other I.oH&ljIiolr Mies.
SCUANTON , Pa. , March C. Pour men of
a gang ot mine shatt'slnkors wore killed In
' ' '
the Richmond shaft' . . , The accident was
caused by the fall imV some rock from the
sldo , near the bottoih 'and ' as a consequence
ot an explosion ot gas. The victims are :
THOMAS HOLWELL , married , wife and
child.
RICHARD HUGHES , single. 7 years old.
JAMES NORTHERN , single , 20 years old.
ALBERT RICHARDS , fclngle , 24 years old.
Plvo others of the shift made their escape.
BRUCE MINES , Out. , March C. Three
miners were killed at the Ophlr gold mine
today by a rock caving In on them , The
names of the dead men are : '
PRANK PERCY.
JAMES O. HEATH.
ANTHONY SAVAGE.
To ninlco Up the Tlmo They T.ost.
HAMMOND , Ind. , March 0. After being
out a week the East Chicago strikers de
cided to accept the reduction and nearly all
the men have returned to work. The Iron
and stqol mill will be run day and night to
make up for lost tlmo.
Making Friends Not MJ.U
DRESS GINGHAMS
Regular loc goods.
- OFFer -
DO'-lnch AH Woool Blue Sackings ,
50c
Value GSo.
Good China Silks ,
5 lie
For This Week as Long as They Last. Value 35o.
All Wool Spring Cheviots ,
The great inroads we have been
making in the great Walker stock
39c
leaves no shadow of doubt in our
minds that an appreciative public
Value 50c and GOe.
will have taken the lastvestige of the
stock off our hands by the end of the
week ; Heavy Bleached Towels
We quote some specimen bar
gains still left which will bring us 124c
thousands of buyers for the balance
of the week. , sizes 22x44.
Buy now. Get some of the plums Value 17ol
which are dropping. Goods are
bound to be much higher and choice
goods are scarce. Ladles' Past Black Hosa
5c
These specimen bargains only for
this week. Many more like them Value 15c ,
abound in all departments.
Ladles' Muslin Gowns , Drawers and Corsoi
Covers , nicely trimmed.
47c
Value C5c.
FOUND NOTHING BUT DEBTS
Embarrassing Situation with Which an Ad
ministrator Has to Deal.
AN ESTATE THAT FAILED TO PAN OUT
airs. Krlfltson Alleged to ITuvo Captured
Her Ifiislmnd'H 1'ronerty For Possession
of Three .Children Other
Court Cases.
The county court was busy yesterday In
the attempt , on the part of Frank Heller ,
administrator of the estate of Chris L.
Erlckson , to find some property belonging to
the estate with which to liquidate numerous
bills that have been filed against It , as well
as numerous fees of his own as administrator
which have never been satisfied. So far ho
has not found anything but debts on which
to administer , and with no cash with which
to liquidate the same his lot has not been al
together a happy one.
In his petition filed In the court Mr. Heller
alleges that Mr. Erlckson died possessed of
a considerable amount of property , consistIng -
Ing of land , lots , bills receivable , bills paya
ble , certificates of deposit and other Items of
value , but of the entire amount he has only
been able to find the bills payable. Ho al
leges that the wife of the deceased has pos
session of all the assets and Is only willing
to turn over to htm the bills payable , and
ho wishes the court to compel her to come
forward and tell what she has done with the
property , and either turn It or Its value Into
the court , In order that the claims against
the estate may be paid.
Caroline S. Erlckson denies all the allega
tions In the petition except that she was the
wife of the deceased , and the court Is now
engaged In endeavoring to ascertain which
party to the controversy Is correct.
They .Mutt Stand Trial.
James II. Howard , William P. Herman
and N. D. Coleman , the men who were
J > ound over to the district court on the
"
"clmrgo of swindling In connection with the
soiling of tickets to an alleged charity ball
they said was to bo given for the benefit
of railway employes , were up before Judge
Ambrose yesterday afternoon on a writ of
'habeas corpus. The judge hoard the argu
ment and just before adjournment handed
down a decision In the case denying the
writ. The writ was asked for on the ground
that the Information on which they were
held did not allege a felony. The judge In
passing upon the application stated that he
was not prepared to say , with the short
tlmo ho had for examination , just how ho
would hold on the points raised If , ho were
trying the case In the criminal court and
the question was raised on demurrer , but
he did not feel like stepping In nnd taking
the case out of the hands of the court which
should properly try the case when the rea
sons for doing 0 were not clear. Ho there
fore remanded the prisoners for trial.
right for tha Children.
There Is a pretty little fight on In the
county court over the possession of three
children. The children are Josle , aged 7 ,
Prank , aged 11 , and Emma Tlnnoman , aged
13.
Some time ago the father of the children
died and a few months ago their mother also
died. Slnco that tlmo the children have
boon In the care of an older brother , Pred , .
who lives at Thirty-second and Pacific
streets. Through a petition filed by Carl
E. Herlng the Nebraska Children's Homo
society asks the court to glvo the custody of
the throe little ones to them that they
may provide homes for them , maintaining
that they are better prepared to care for
them than Is tha brother In whoso custody
they now are ,
The brother says that ho Is not only able
but anxious to care for his llttlo sisters and
brother and does not propose to have them
taken away from him If ho can prevent it.
Oil Trial for 'Murder.
In the criminal section ot the district court
the case of the state against Edward J. Col
lins waa taken up late In the afternoon and
the work of securing a jury begun.
On the night ot November 18 last , Louis
Mcl'herson and Oliver Dale were engaged In
taking some coal from a freight car In thu
town of Valley when McPhcrson was killed
by a pistol shot In the head. Dale was at
first suspected of being the guilty person
and gave hlmsolf up , but was subsequently
released on the btrengtu ot the statement of
CfJPIDEHE"
Tlila KreatVeKotnlile
. . . VltiilUvrlhepii < M.-rlp-
tlonof n famous Kronen physltlnn.wlll quickly iiliu yon of nil ner
vous or diseases of gouunstlvo uremia , Mich nn Lost Manhood ,
Insomnia , I'Hlnnln the illicitHemlual KuiMnniNervon-i Debility.
Pimples , unflttics1) to Marry , Kxliausljng Drains. Vnrlcooclo nnd
Constipation.
CUlMI > l3NIel anps : the liver , the Itldneya and the urinary
BEFORE AND AFTER organaof all Impurities.
CUril > KNK strpnstliens nnd restores smnll weak orsrans.
TliormBonniifTererHnronoteuroc : toy DoctoralH bocntiHO ninety per cent nro troubled with
rroHtatltlK. CUl'IDUKR Is the only known remedy to cnrn without nn operation. 0,000 tes-
tlmonl.ilH. Awrlltcnmiamntonglven nnd money roturno1 ! If nix boxes Ioen noteffect , a per
manent euro. $1.00 a uox.Rlx for S.'S.fiO , by mall. Send for circular nml testlmonl.ilH.
Address DAVOL SlUOICINK CO. , P. O. llox 2070 Sun FrandlHco. C.il. For H.ilo by
Goodmav Drm ; Co. . 1110 Faniain St. . Omaha ; Camp Broa. , Council Ulults. lowu.
DIRECT FROM THE TANK.
A'o Hotter. No Steam. A'o Engineer.
BEST POWER for Corn nnd Feed Mills , Haling
Hay , Illuming Separators , Creameries , Ac.
OTTO GASOLINE ENGINES
Stationary or Portable.
1 to GO II. P. 8 to 20 H. P.
Bend for Catalogue , Trices , eta , describing work to bo done ,
Chicago , 245 Lake St. IOTTOGAS ENGINE WORKS ,
Omaha , 107 S. 14th St 1 33 < 1 & WaluutSU. > PHILADELPHIA , 1 > A.
"A DRAINING IN CLEANLINESS IS A
FORTUNE. " COMPLETE YOUR EDUCATION WITH
the Injured man that ho was not the party
who fired the shot. Collins was subae.
fluently arrested nnd bound over on the
charge ot having fired the shot , McPhcrson
lingered until the 25th of November , when
ho died ,
Collins and Dale have both been In jail
over since thnt time , the former as prlncU
pal and the latter ns a witness.
KlierlfT'H Deed Cancrlril.
William O. Whltmoro , guardian of Mary
Ought , nn Imbecile , has filed his petition In
the district court to have a sheriff's deed to
section 1 , township 1C , range 10 , bet nsldo.
Jonas A. Pry , the holder of the foreclosed
mortgage , nnd 3. Peter Munson are made
parties defendant. Wliltmuro alleges that
ho Is the present guardian of Mary Gugln ,
and that at the tlmo the mortgage was fore
closed and a default taken ngalnst Mary
Gugln her guardian at that tlmo , James " \V.
Moore , was an Inmate of the Sioux Pulls
penitentiary , sent there for forging the
girl's name to n pension check , and was not
either able or willing to defend the action.
The plaintiff asks that the deed bo sot asldo
and ho bo allowed to redeem.
Itiirnt'HH Allnui'U Mno Hundred.
Tha Jury In the case of nurnes.i ngalnat
the Cudahy Packing company returned a
verdict In favor of the plaintiff for JOOO.
The suit was ODD for damages for Injuries
to the son of the plaintiff , which were re
ceived whtlo on the promises ot tha defend
ant.
ant.In
In the case of Meyer against Crane the
jury brought In n verdict for the plaintiff
In the sum of $317.
Wo could not Improve the quality If wo
paid double the price. DoWltt'a Witch
Hazel Salvo 1s the best salvo that experience
can produce , or that money can buy.
Married lit High Noun.
The marriage ot Miss Mlnnau Ilawko to
Mr. Charles P. Scovll of Chicago took
place at the residence of the bride's sister ,
Mrs. W. S. Hector , 2117 Wlrt street , nt
high noon yesterday. Miss Ilawko Is well
known In Omaha and Nebraska City HO-
clety circles , and the groom la n favorably
known young business man of Chicago ,
Mr. and Mrs. Scovll loft via the Hurling-
ton for an eastern trip and will bo at homo
to their friends at the Hyde I'urk hotel ,
Chicago , after April 1.
If you go out early In the morning you may
catch rheumatlmu. Salvation Oil cures it.
i
i
SEARLES &
SEARLES ,
SPECIALISTS
\ " 3ST7 MI'JJ.I [
TH IAT.M : ! - . i ur .u.
Conmill.itlon 1'ruo.
AND 0)5BSES )
Tall on or lutilrrui with Btnmp for circular )
Kieo lioolt , receipts and aymutom blanks.
Dr , Searlos and Searles ,
First stairway xoutli ot post office. Iloon
,7 Omaha. Nebraska.
GC&RANJSSIS
A Kow nnd Complete Treatment , consljUiitf oj
BUI'i'OHn-plULH. Cui > non ot Ointment ml two
IIOIHH ot Olutuituit. A nuTur-f lllcf Curt * for 1'llci
ot overjr nature an. ! ileitrce. It makes an operation
VflllUhofciUfo or Injoctlonnot carl-ollo aclil , wllci
nro nnlufnl and ecldum a ] > enunnoul euro , aud ol u
rwumnir In c'.ontli , unnvavuary. Why ondurn
thlo terrible diaenun ? VH i Kutmintoo.O
boxes to euro nnv tinco. You ouly i" > y for
benefit * receive ! 1 1 a bet , c f < .r So by inau. co
frcu. Ouaranlei'a it > ucd /ounuwuti I ,
' Pllo
Iho front T.IVFH nndDTOSIACiritoyj.ATOU ! ; nnd
IIIOODl'UJlIl'll'.U. ( iinall , Diild ami pleaiua : to
Mpeclully adapted lor vUld ten'j mo.
JCU1IN A CO. , EOLH A UNTS. OMAHA.