Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 4, 1895)
; . . . . . . . . . .o..J1 TfI : J ' 1 l rii alf It , - - : j . . , . : ii , 8 TIlE OAll.A , DAIT.JY BEE : I TJIURSD.AY , A D1Tr . , .1. lSH r . . ; TIGHTER HOLD ON THE PURSETti . ' - , Finnnce Oommittce Urge1 City Council to : , .Assume Control Over All Expenscs i NOT AWED ) BY CITY ATTORNEY'S OPINION I IIcln I"n A.lmllllslrnllon hy nonr" , 111 coiItcnL l with the Throry or I.oc.l I Self crlllncnt-Uol\llllcn Duty t or COllllcltlnclI. I During tim present year there has been a iJeeldeJ ( tendency on tllO part or the city , council to extel1l ! Its nuthorlty over the Va- rlous depl\rtments or the clly gxcept In n few particular Inslnnces ! tim provlou1 coun- , ells have proceeded on the prlnclplo that thoex nrtalrs at each tJepnrtlllCnt which vera gov . ernel by a boarll were exclusively In the t 1 hnnlR ! or thaI boarll This ) hail \ especial rorerenco 'to Iho employment or .lIsmlssal at emplo'es nllll the regulation or salaries c But In connection with the retrenchment ' recommenll\tlons [ at the finnnco committee some effort has been mndo to bring these ' - matters under the control or the council The committee took the grounll that since the council hall to Coot the bills It shoulll decide ! I\S to the manner In which the money . ? Was to IJo expended ! . It enleavorell [ to upcit ply this Ilrlncllle ] to holh the Hoard oC Fire . , and 1'ollco Commissioners and the Board oC ' Health , hut ) In ench instance the city I\t. tornoy dechlell that the regulation or the affairs or these eeparlmenls ! was cxcluslvel vested by the clint ter In the board or conlit trol In submllllnr nn rmllnance governing the Doarll of health at TtiasUy nlht's ! mEeting oC the council the committee. for the first time , took point blank Issue with the cIty attorney nnll ( laid dowil the prlnelllles on which it pro- , , . posed to llroceel1. These were slated as follows : In favorably reporting the ordinance horobl with we desire to give our reasons In writing ' . In order to bo clearly understoOll. ln view ! or the message ! or tile mayor I\t the recent I meeting ! or tim city council returning the i coneurrenC resolution providing for the dls. hursement or Public funds hy the 1I0llrd or : health the Issue has been made between I I the legislative and executive departments ! ' It the lines can bo ngreed IIpon and clearly : established there will be no future occasion t I for friction and the public Interest will bo : subserved thereby. This rlUetlon represents a 11rlnel(1le ( or local selt-government which involves thc h right ot the pPollle to govern , and the ! Jues- ' thin can never bo settled until like all 1m- . portnnt hI1St1OUS ( It Is settled right.Ve I disclaim nny Intention of interfering wIt ) I any of tim legltlmato , functions or either the I I IJonrlh or the executive deparlments but we I contest eVery Inch or ground In what wo I bellc\'o to bo nn invasion or the rights ! or : r the people ) as represented In the leglslatlvo ) u body. TWO ThEORIES IISCUSSTI I There are two theories oC municipal : government - I ernment In rogue In our city today. One l ( Is by the people through the city council , . where responslblllly ) Is vested and where the people have an opportunity to sit In , jutJl1lent ! upon the acts or al least one-hl\lf I at their pUblic servants every year , and all ) F or them every two 'cars. I 'rho other Is by creating a ystem of boards , clothed with powers rightfully belonging - longing to the people , which boards appoInted : poInted by the governor district judges or the mayor , assume Supposed charter author Ity U. tHsburso the public funds as they : deem best , and the people are , Ir this system Is to prevail , powerless to pass upon their . acls. acls.For 4 For a number or years charIer amcnd- mauLs have been constructed evlllenlly upon I the latter theory. Under thIs line of so- I , called charter authority the Board at Iub- ! lie Works attempted to reject contracts for pUblic work. lint the court very prompt ! , I decided that title power was ! vested In the city council only and such In our oplnlol\ will be the decIsion or every court where the right or local self.government Is allempled to bo taken away ( rein the people. I It Is the duty of the city council to make L the annual tax levy anti membrs ; or thIs ! - body In our jUdgment cannot shirt the re , . - t sponslbllily ; or Its tllsbursement on accounl n : ) ' ot the opinion or the cIty attorney or the opinion or anybody else. Each councilman Is I hero 10 represent a constItuency , responsible [ for his nellons , , and nol a dollar can be taleen from the public treasury for any put , - paso unless a majority or councilmen vole fer It. The limit so wisely provlllell must be exercIsed by the members of thIs council on approprlllllon ordinances , It fact so well , known to business ' mcn that nol a dollar worth or material could IJo Purchased by I , these boards unless they have express onthor- : ' Ily for such action rrolll the city onthor'I ; 'I opinions , legal or counollmanle I ' . ar" swepl' away by this well established nod dUly re a- ognlzc ract. SEEKS SUPEnVISOny POWIm. In our ollinion better service could be expected - peeled It nil appolnlments ) ) In the Hoard oC Health were confirmed by the city council ) 1. 'Vo presulllo that any attorney can take up the charter and finil l < nlllille grounds for rendering - . dering a decisIon on both shies ot the two - lines or city government herein indicate The city attorney Is consistent In that bls decisions are In line with the theory "Iurn the funds . over to the boards and hold l them , ; - responsible. " It Is unfortunate that ho has strayed away from the Principles oC local selt-go\'ernment. but such scems 10 bo the fact. Ho Is wedded 10 the theory or boar < l control and his opinions mUst be acceple1 : _ with that 1II111crslandlng. - . , In "n opinIon gl\'Cn the comptroller undel date September Ii , ISn , whllo the city attorney t- . ; torney docs not exactly reverse hImself he I t does say In sllcallng oC the boards that the I comptroller "In the event at the abuse or I such dIscretion , or furnishIng vouchers ror ' expendItures not authorized or excessive , 'the comptroller would 1Jc instilled In not In I _ chiding them In the approllrlalloll c r- I1lnance. " This Is the real point In controversy anti In passIng an ordInance the cIty council see lie to authorize IIn expenditure IW the hoard or health In the absence of which , In the i language or the opinion oC the cIty attorne y , the cOllllllroller wOllld bo Jurthileil In re- jecllng the Ilems or exppndlture. - It this dlFcretioll Is so strongly iiislst enl t- upon by the city attorney with retrrince to I the ditty or the city cOlllplroller how C.l0 Inc I t members or this city council escape , iii let * , crlllcblll for lIeglecllnl ; theIr 1110111 ) ) d..l . t I whoa Il COIIICS 10 the final act or yollllg ] i . - away the money or the people. We catitit : . The vote or he I councilman Is the final act . which gins or wllhholiis , the money or the people and while preliminaries leading tipS S to this Ilolllt may ho irregular or IIICormal It Is rIght here that the responslblllt ) oC councilmen comes In attil a It cannot bo ox- cured In our jUdgment hy reason at a legal : opinion a. to lIuch Ilrelhninaries. . , . IIr"elilall h ' I Tro ii lii . . I t oh it' veil. "I hall severe , attack or flronehltls I I called physician and he saul that I had t : cOn8Ull11111on 111111 would not last long , 110 i left mo saute meillcino allll after It was gene : : my cough rellll'flPII. I began takIng Hood's I Sarsaparllla ntlll ba'o talen : six bJttlcs. I - now ha\/1 no cough and sleep well at nighil I " ; Mrs. Sarah Hlcldrd , , Abbott , Neb. , . I ' 1I00d's 1'1118 cure folcle headache bllloll8- , : - nl'Sf. l . _ - I 'fhrlluh ; lcrvIce. : Tbe Nickel PInto roal1 , ( N. Y. O. & St. i' L. U. H. . ) the favorite line between Chlc30 ! anti the east along the soulh shore oC La Ice ? Echo bllnl the shortest t line to Cleveland and . - Uurtalo. offers sPlendid through car serv ice : to all classes oC lla88engers. MagnIficent - : nIficent WlI6n.r sleepers and dlnln ! ! ; - tar dally on through ( Irnlns to ' New York 111111 1I0"luII. For reservatIons oC - , - sleeping ear pace and further Information , I I1l1dre68 J. Y. Calah n. general agent , It111 ) Clark street , Chicago , III ' . ' - I . \lIlIelliloll LhiftrItIes or 0"1111. " ' I A publlo meeting or the clikens Will be : ht'11I In the council chtoiiIiers : cIty hall , on Thursday ) fvenlnl : . APrIl \ 4 , at S o'clel'le , to take lute conslderilt"n ! the new Plan or rl'- lief by \ s ' rI " , known nil Iho : "Detroit schrm i' ' . , " Where ' y the vacant lots In : Jle outskIrts l't our city can b" utl1lr.ed f'r I cullll'allun Ity the 11001' , In rabln ! fo'1 for tit "I'FiIHH , Your presence 18 very earnetly re , u st d 'Voun tr1y ! , JOHN LAUUIIl.\'W ) , 6crotar : r. - - - - - . - , - * , ' . - - , - . - : ' - - - , , . . . , . . . . . . , - , sr- : If'- WON THEIR BICYCLES DY iT. Two Women IIlld ) Up Somlt Ipccnlntlvn ! Jllen Mill 1"001".1 Thcrl'hy. AU Fools' hay was observed by the citizens or Omaha wIth the usual Innocent jokes nail pranks thlll catch the unwary , but most or these pranks and jokeR wcre Irob- ably forgotten as soon as the day was pasl. Yet there are quIte a number or men In the cIt y . and two women In particular who arc likely 10 remember the lay for some line to co me. The women will remember It because they demonstrated that In worklnlt a smooth schellle they were fully the equals at men , I\nll furthermore for the reason that nil n. resull or their jolee they arc the possessors or two high grade bicycles. The men will remember the day because they paid for the wh eels , Stme lime before the first or thIs month two nice but rnlllCr gay looking women vlslle1 [ the merchants on North Twenty- Courth and Cumlnl streels They were sell- Inl g tickets for the rame or two gold watches , which they ! carrlel1 along with them and exhlblte\ ! \ . TIlt ! tIckets cost all the way from 1 cent 10 $1 , accordIng ! 10 the number that was drawn. The drawing was to lake plllee on Allrll 1 In a Inwyer's olllee In 1Inre ! IJIIllllln ! ; In the center or the cltr The women were Very charming In manner , with just II touch or fallll1ll1l"lI ) . and they site- ce elell ! In selling a largo nUlllher or tlckels. On the night of April 1 the ticket bu'ers , or I\S many as were able , went to the ( law ollleo that hall been mentlonell ns the place or the drawing , They found the door locked , but they Waited around for awhile without sU lllelon ) , Finally . as no one appeared to rame oft the watehes. tilt ! horrlhle thought cit tereil the mind oC one or the vlerlms that Il was All ools' . lit ) ' , and that they hail . all heen taken in . lie whlsllered his suspicion to 1\ frIend and 1 silently Look his 11eparlure. The fact soon sllreae ! through ! the whole crowl ! and without remark , but wllh possibly n. lit tle silent nuid 1 fervent proCanlt , all left. The next day the two womeu were riding the streets on brand new hlcyeles. They 1I\'ohle < 1 'I'wenl-fourlh ( nnd Coming \ slreets. but they wore seen h l ) ' some or the victims. Not a worth has been saul by any oC them , however , and they are takIng their medicine IIko l11ell. 011 being questioned they know nothing about the matter 1111I1 It IB 11II1105SI- blo to roll a rnllle ticket to any one of them no\\ ' . noBut But bert Is nn interesting story at how the chellle Was wC'rke It has developed thl\t the twovotnen , one or whol11 Is mar- rlell , hived In Central Pnrl. It Is snlll that ; the two wnlehes which they exhibited be- longell one 10 the husbanll and the other 10 the lather . and they arc now being worn br the rightful owners The WOl11en have wanted bicycles for some tlllle and flutally seleetell this scheme for obtaInIng ! them. They thought It wOllld bo conshlcre I IIn " APril fuol" jolO by the vIctims and on that account they Iill ! not thlnl they woulll bo Prosecuted ) They reached II correct concluslou , for not one of the vIctims Is L willing to confess that he was taken In. . 1' , o I'hlIlIo : to So.'ork alld lbo.itoui . The through ! servIce offered the travelln ! ; I ' pUblic by the Nickel Plate road , ( N. y C. & s t . L It. It ) , Is unsnrpa sed , The Perfect L passengel' service or this rQall with the well I Imown ' excellence or the West Shore I\nd I l"ltehburg' ioatls recommends Itself to the t lravellng public. Wagner ! palace cars anI i IIlnlng cars dally on through trains 10 New York and Doslon. For I\ddltlonal InCorma- . tlon se your local ticket agent ! or address , J . y , ( 'alahan , general agent , 199 Clarl ( street , Chicago , III. ) . NOT UNTIL NEXT YEAR. For time l'rl'8ellt the fount IIr J'lllIcntloll Wtll Let ; 1II1I1I1II11'le.1011" , . The Board at Education has deeMed to male no more changcs In behool ) boundarIes : Ilurlng the present ) 'ear. This Is mainly for the reason that the end l or the year Is so near at hand that It Is nol deemed nd- vlsable to make the alterations unlll the b.cglnnlng at the next school renr. The greatest Ilemand for action In this p l rtlcular has been from the Druid 1111I ) and : \Ionll1oulh Park schools. The Drul 1 Hili ) I school was started largely as an experiment , as It was asserted by several members or the board that there were not enough ! pupils In i that localIty 10 pay for the establlshmenl of the school Consequently the bounl1arles h ave never been established and a consIder able strip at terrItory Is clallllElI by both 1 sChools. It Is now clallllell that the Druill 1 11111 has PrincIpal \ been poaching on the \Ionmoulh : Park preserves In order to i ntake her school large : ; enough to be penna- nent i , As there Is no definite boundal'Y here has been an effort on the : ' part or one in school to take In as much or the Intermedlnle t errItory as possible , and according 10 re- i parIs reeelvC \ by the boat-ti there Is danger or a sangulnnr conflict unless the lIne Is I m arked out. 'rhe request or the principal or Ihe Com- menlus school to have Its boundarIes en. larged I has also been sldctraelted. There are several unoccupied rooms at Commenlm , whIle adjacent schools arc overcrowded. In I- cldenlally the addItIon at ( 'ach room woulll ) 1 mean an Increase In tIne salary or the prim clilal , and for these reasons the Ilrlnclpal pelltlonetl l the board to change ! the boundaries : , Tile committee decided that tine Increase or u s alary hnd more 10 110 with tine request than the relief or the other schools and l recommended - mended a rerusll. _ _ _ _ . _ _ _ _ HARD TO GET HIS MAI Strllll/ Fight hlolntrMndo ro Keep : lriwl ] M Jut or 111111111111' IInnll. . , Detective IIollunl1 at New ' York , who Is In I ! hue city after henry 1 _ . Davis , the man who Is wanll'll In New York City for larceny In I the necolul degree , and who was arrested here a week ago , Is having some trouble In goltlng possession or his prIsoner. lit ! went 10 Lb ii. coin sever,11 days ago for requisItion paper Da\'ls' attorney however , arrived In the cll L ) : before Holland allli succeEdel1 In securing a hearing of tine case. 'rho tlmo or the hearing wa set for Thnrsday aClernoon. Yeslerda ty Assistant County Attorney Day argued heCore : JustIce cr the Peace Crosby 10 have anolher compldlnt ) issued agaInst DtvIH : on tine charHe ; or being a fugitive Cram jusllee. Davis' attorneys t- torneys Cldllll that the police or the city werp usell as a collecting agency when they relalnrd Davis They claim that tine charge agllinst DavIs Is used for the purpose or gettIng him back 10 New York , there to called a tie mt from him. - . Urnlh ( III' ii Irll. ( ) 'hCeeto. Mrs. Ial'aret ! Olceefe mother ot John A. I O'ICeefe James O'Jefe : , Mrs It. C , Cushing at thli ( city . 1\1rs \ Hobert Pllzgerahl at Ol\la- hOll\a CIty , lIIrs. NellIe Morlarl or Sun IJIego ) , Ca1Irs \ , John W. ' Ph'nn of DES : 'lolnl'91I : s : MaggIe ' O'lcefe anti < l \rs. : \ ! John TenWleton , died Ttnesdniy ) night In Chlcaf'O at tine resIdence at her son , John A. O'ICeeI Mn's. O'leero ( was well known In Omaha anI ! Ihroughoul Nebraslta. Sine was beloved by all whoI't're ) fortunate : enough 10 have lIel' ac. IIu31nlance , She was a loving mother allli n consistent ChrIstian aunt her death wIll be I mourned hy her chlhlren , grandchildren and II large circle at frlenJF [ Irs. O'Ieere was 71 years er age RIIlI came to Nebraska In ] 870. The funeral will tale place In Omnlta on nexl SUIIl13y. - o rlillni : for the 'untclt. The Thurston Rifles are Intending ! to go Into camp and rlgll ! Irnlnlng at the Call. scum beginning next Tuesday e\'enlng. 'I'he Inemhl'rs or the COIII\llln \ will Cram that time eII ! ; I\rl11 \ te\'cral ' hCIJrs cDch nllht ; and morn- rni fur three weeks . This Is Ilre\l3fatory \ tl ) the departure for Memphis where the company wIlt contest for honors at the National encampment. Probably COl't-Ove ( relll"l'sentall\"Cs w1l1 be semi to mike part Ii the 'lemllhl8 encampment At 11rescnt the I : company Is 11r1l11ng tlclt : e\'enlng : , having s culI'll the services at Lieutenant Van : 1.10\ " " or the examinIng boaI'll. They give ao ex. hlhltlon drill Mar 3. . ClIolellll for Oh her liihii . PI\"e conductors all the ( IInti ot the Omaha Street railway \ recall'e.l notice that they nu ted ! not report fur duty yesterday 'Ft ney werll I1I mll & led far caUbe IInd the cause can- 51slcJ In the alleged violation or Hull' tI ! I : oC tine regulations governing "Ireet railway em- plo"eb. The rule In 'jueilion Ilro\'ldes thai I cv r y tIme a c'Indllctor reeein's a rare he 6hall ring It up annul \ transh'r It to the com- tuy ' II hiCk " I. t Th "uduatora are ehargell : I \ \ Ith tnalln the unhitake ) ; ! oC putting Ihem In 1\\ I t 11wrruj ; Ppolet and hence they lire 1001lng } Ittaiob. : ! : t.I. jjt---- _ - - _ _ . . . " , . " , " " " , . . . " " . . . . . ELLER GETS OUT OF COURTTh - Ohnrgos of Embezztement DismisEed Ee- cnus of Faulty Indictment. - STATE THEN ASKED TO FILE INFORMATIONMrs - Thl l " 'as Not rrrmlUe.l by . IIII/o / 8 < , ott- IIcl 1 thnt Echu Alleged Stl'nl Should hate Ueell IInlle : R Separate UITellse 3 . , v. Eller , once commonly ! known ns th county judge or Douglas county a IIlie to whleh ho now objects to havIng usell with reference to hniinself was agAin on the carpet yesterday morning before Jlllige Scott In the criminal court tryIng 10 convInce the court that the indictment retllrnCll by tine lat e gratlll jury against him and ellliorsell I\S a true bill shon1 < 1 be uluashed ' Judge Scott was convinced IInd the case went out oC co urt. Among tine reasons advanced by Ihler In eontesllng the indictunnount on account or which he wished the case dismissed , the most novel related to tine designatIon In the ( three se\'eral counls or J. W. Eller as "county ju dge . " Altornty ! lien S. Baker represented lmer anti argued thaI there \ nns tie such oih leer known to tine lass' the omclal desig- nation Inslel1l1 being "judge or tine county ca urt . " /tsslstant Count AttornEY Day represented - sented the stllo : and on thIs poInt conlelllled that the ( statutes of time state speak or the or- lIer : In both ways , clearly IIIIHelling thal the lerms were Intercinangeuble anti cspclally so I\S tine law directs " " a "teunty jUlgO" ! 10 bo elected , amc.nS other county omcers Eller rallell so far as this contention was con- cerned. There were Ihreo counts : altogether ! , chnarg- InlImer , as county Judge with criminal acls , Tine first count chargell Ihat he unlawfully - lawfully and falsely embezzled and converted 10 hIs own use certain mane ) ' ns Indicated In Ihe suhjolned list , being \'lIrlo.IS slims which the books ! or the county jndge's olllce show were not accounted for : Two dollars and nlnety-seren ccuts , the personal IlrOlerly ( or hi . A. Hobbs : 9 3 ; ; cents , the Ilersonal Property or J.1. . : . Collamer ; 2.OI , the personal prop- crt ty eCU lIst Weiss ; 30 cenls , the personal In'operl ) ' or S. Kalish : $1.4fi ) , the personal pl'operly or E.V. I . Scott : $5,79 , the Iersonal Ilroperl ) ' or \ \ ' . i. I llIIroy : 65 cents , the per- sonal prollerly of C. N. Powell : $16,11. tine 11ersonal property of C. N. Powell : $5IIS , the personol property or John Casey : $17.30. the Ilersonal property or Omaha Tinware Manu- facturing compan The stale contclllled that this total or 53,54 was all embezzled by gller ninth under color at his olllce liS county judge , but the judge 'ot the crimInal court held that this was "dupllcll ) . . . . and ] so quashed the first count. The second ninth thIrd counts were as easily disposed of In Il similar mnamnner It being hehl that In charging embezzlement of funds each one oC the alleged steals Cram 30 cents UP should mayo beeni made a separate o ffense . and also regarding these two counts that tine Indictment did not stale the nature oC the embezzleiumonts simply charging him as bal1eo and not alleging that a demand had been made on Eller for the moncy , IncludIng - cludIng thin Item at $155,26 set out In the litlrll t counl. The state claimed on tills latter - ter point , that It could ! have proven ' a demand - mand , In that Judge Baxter made 1\ personal - sonal ana which Eller refused to recognize At 2 o'clock yesterday ! Judge [ Scott IlIs- charged Imer atlll his bondsmen , refusIng to allow an Infol'lnallon 10 be filed III plae3 at Ihe t Indictment. The reason the indictment was drawn as I It hind been Is explaIned \ because Il was In L the line at strict precedent , one Instance beIng - Ing cited which happened In tine county a I Cow years ago when a grocery clerk pocketed small sums rrom sales from time to time ' The court allowed the pllferlngs ta be lumped Into one sum to male the crime rand larceny _ _ _ _ _ _ _ Jlfny Yet Un 1"\(1'11 \ hy tile Stnle. The state or Nebraska has Its eye on a L trip or land which for several years has f rurnlsh a bone of contention In po1ce ! Justice and district courts. The property lies just north oC East Omaha and Is claimed by Edward Callahan among others by vir- tue at a purchase or several small parcels amounting to eight ten and twelve acres r respective I , lying along the former bank or the Missouri river. Call1\han purehasell this several years ago Tine river had already mo\'ell east from his land leavIng about 160 acres or secretIon Upon the lalll1 l various squatters located. This soon bronght about trouble , as Callahan lalll claim 10 the property by virtue or his PUI"- ehase. The aceretlons he claImed , were his. m In the attempts made to enforce eject- ment m writs several free fighls were hull , shotguns being discharged and nil the parties being more or less wounded or rrlghtened. TIne result was large damage suits were brought In COUl"t. The caw has already been to the supreme court but It i s not wholly settled , for John Frogge ! : ; and Chrlstlnn Christianson , rival claimants , arc till fighting over gelllnl\ a mew trial. The slate wIll ell1lm rights to tIne land on ac- count or tine method by which It was built on the state boundary. nUn 1M tlilt IIr Coimrr One or the oldest oC tine Injunellon stilts relating to the garbage canes has been dls- missed , neither the city , the defelidant liar the Illalnllrr John Powers , tine Arctic Ice company anti various concerns located about the t Jones street dmmnnp considering It neees- sary to conlest. If Il Is ( decided thnt the supreme court meant to end tine J\Incdonahl fight t by thin recent decision , this practically ends this series or garbage suits. The ciunnrge Is i now mallo by the representatIves oC Coomhs , however. Ihat the order or Jullg Ambrose dismissing tine Coombs-'Iacdonahl Bull was gotten 'without theIr knowledge by 01lp031ng [ couusel and whIle the court was In Sarpy counl ' county. _ _ _ _ _ _ 1' 'I\V IIn " 'IIIIIA Unm"-I'M. : TIne street railway company has been made the Iart ) ) . defendant to a damage suit for $25,000. Charles Tuttle has flied a petilion Cor ( this amQunt In behalf of his client , Alexander C. Clnrle , a molorman or tine company - pany , Tine acehll'nt , which brulssd Clark so badly that he reelH justlOed In nicking this humrn , oecurre.l on Farnam nnd 'I'wenllelh streets upon November 22 : J last. The brakes became unmanageahle , a fueL Clarlc attributes to the negllence ! or Ihe COlli pl : ny. Several parties were In tine car at tine limo ( annul nllhollh ! he tried to muse the brakes lie says , they refused 10 work and lie ( car jUlIIlIl'd the lracle. ( _ _ _ _ _ _ _ _ _ : lIlIlr ( olirt : l1 < lttor. . In tine suit between the lIepubllean News cotinpnntnyatmdtinoOreatwestermn Type : ' , . .1 L41' II . } ry. , ' ; ; . . I : J . ' , ; ' 'I ' . rro 111\10 : Ilj' , to u.htig huy , to imliy : h l ) . % ' , lie I 0111 'talltl by . lie I KlilltlHlI : I'llIno in I : tlw 0110 yOIl \ wallt. 'J'hct'c IW\'l'l' WIIS 1llOOI' 0110 ultulu mill thm'o Or\'IH' will tHo' , COl' 1011I11\11 \ : \ Ul"OI' Irnn' the wOI'I.l'oolll till Its Il l'fed. A. UmWE , Jr 1Il1l"lc Dnl ! Art , III t 3 JQu IQI , foun dry over the "alue tit a press , n new trial has been granted thoitormer . The Whllemnn and Btrnes Manufacturing ; company has .1Ismls'l/lIl ' Its stilt for $3 , & OO. brollFht : by altachmDDt against the Woo.l Harvesler com11nny. JUllpB ; Ambrose hAlt ; lechled the ( suit ot Mary Darrell against the Omaha and Flor- enc e Lanll and Trust company adversely to the former A 11eedl to 1 Florence hanni [ hall been given , to which , lieI' name wu Dllachell Mrs Unrrelt denle either her ability to write or havIng signed / lice minnie , claiming Mme one hall forged It . so far DS she kne w. I'hl\lp \ Sehneller , 11M : filed nn answer to nn action brouht ! recel1lly by the ( Joseph Schlllz lIrewlng company against him for $1,4 03. The snit arises from 1\ dispute as 10 Ito terms tinder which a saloon was to be rllll nt 635 North Sixleonlh slretl. ! Sci nneld-r claims he was to buy hIs beer ! at $ IOItr \ ! rorrel and Schlllz would pay tIne I license fcc lIerort h ! Jllll\'e ! \ Dullle , tine trial or tile suIt ught by the First National hank or Cre ston . together with three other crelltorA. [ aalnst ! the Star UnIon I.umher comllany and lie ( J. n. Davis conmpnny . has been In Ilro- gro ss. When tine Star Union company failed In September 193 , th creditors claim the Davis COl1ll'any , n. Wiseonsini eorporatioim look the ' compallY's assets anl1 must answer forte Its I1l'hls. al1l0untillg' In the four cases 10 aboul 3OOO. Stockholders In IJoth cotta Ilanies were ! tine ! enntnne , 1. .1. : 'lcI.ean has hroug'ht another or the Sherman avenue paving ! lIults ovr the granule pavlnl ; lax , levlell tinnier an orlllnllnel 11allllell inn ( July , lSD2 , by tine city connell. Ho was tax ed on the pro rata Illan $876 hilt clahns Ihat the amount shoulll have heen hint $2 5. Irregularilies In Ihe PetItion \ are allegel ! o l'If''lIt ' tn 'I'\I\ The Norlhwestern line fast vestlhulell Chicago - cage train that glides cast Crolll the Union Depot every afternoon al 5.15 : and Into Chicago - cage n.1 S:4 : next 1II0rnlng' . wllh shipper and 1:1 : carte breakrasl. Every part oC the train Is I HlOHT , OIlier ! easlern trains at 11 :05 : a. m. andI p , m. l1all- ool. [ lao City ticket omce ) , 1101 Farnam slreet. . . "tf'lItton. t 'I'rn\'ltll't' Ml'n. The rates nt the Lincoln hotEl , Llncdn , hays I been reduced to $ 2 to $3,50. . IN' THE POLICE COURT. XI'Ihhot ! ! have n Soil I I''IIIII ! : Out ( Over in Hoooter-Ulhl'r CnOI'A. Louisa J.enz swore out a comp13lnt against John Shipman or Thlrl-Collrth ) anti Burdelle ; streels for larceny yesterday In pollct' cOurt She says that several lays ago she bought 111'0 hens and a rooster frolll Shipman tom $2. 50 . After the sale Shhllnan apparently tJIs- covered borne virtue In tilt ! roaster that had I be en concealed Cram him before and on rev eral occasions he attempted 10 tinny It back But Louisa wanted the rooster herself , and I fused 10 sell It. Last Monday ! night she claims Ihat her ciniclern yard was vl Iitetl and I i the rooster was lalen. She says that she , fo und tine rooster In Shipman's 'ard. Charles Crel.y complained 10 tine police that m Joe Snyder and one Bell beat him Toes da y night , In the neighborhood of Twentieth ; and Martha streets , with brass Imucltles. He aimed that It was done wllhout provoca- Li onVarrarnts Wl'ro Issued for the I\rrest or the two men , A warrant has been Issued for the arrest of Will Search , who Is wnnte-d for committing an assault and battery upon Percy Deebt' Both are bars Steve Maroney was up before Judge Derl ll 10 answer to two charges one of dhonlerly conlluct and the other or larceny. In ' U laro tter part ot : March Maroney entered the rooll1 or Ike Greenberg , .1319 Dodge street , ant I Is charged with stealing a pair or scissors : valued' at $1. It Is then ChargEd by Green berg that 'Iaroney locked him U\l \ In his room : aad that he was confined therein for tin e sp ace ! or twenl-four hours. Maroney was ' pl aced. under $100 bonds for his appearljnco ror trial. Tim Sullivan was sentenced to five days In Ihe county jail for stealinug with the assistance ) - ance at ChIle Baker two hailers from a man named Carter. Baker Is now boarding minia line ot $5 and costs for the monte oITense. - O. IL I { SCOFIELD - Tomorrow Will 8011 Ladies ! ' Spring Jackets U)8-0hildren's ) Spring J nckeUl $1 , - ALSO LADIES' , SUITS AT $5.00 I.R.III' litinelin ] \ Underwear , 10c-Cnllco Wmlllll'r8 , IIIle-Shlrt W'iult , Olle-I cry Ln.ly In OmlhlShoul < l Visit Our . Store Toniorrow - It won't .10 to walt until afternoon ! It you want to get arty or the lal1les' jackets 1\1 $1.98 , ns tiucy are worth from $7,00 to $10,00 anti will go quleltly It will bo tine salllo way with the children's jackets I\t $1.00 : when they arc gone there will never be any more at tine price. \llIslln : unulerwear will receive atien- underwer wi our nlen- tlon tomoro\\ In our basement , I.al1les' I drawers nt lOc worth 25c ; gowns 35c worth 6c Ild all finer eels In lee proportion. Just about one-Ihlnl less than we have been able to sell thel before Rlli fully onc-hal ' Isss luau ( olhers have sold same grades No' IISO eXlllalnln ) how wo are able to do this ; ) 'ou'l not care , its the fact that you will be able 10 get a gown worth $2.00 for $1.00 or a skirt worth $3.00 for $1.50 that wi liller- cst 'ou. I.adles' calico wrallllers will go In this sale at 5c that will equal In style I\nl1 quality any heretofore sold at 9Sc. Shirt waists In choice styles and colorings and Perfect flllg at COo encin Separate skirts best and cheapest correct shapes , slc waists , la < 1les' suite at prices that on account or their ehenpness wIll as- lonlsh you : for instance ladies' suits for $5,00 , the skirts or which are worth $10.00 Come carl ) ' . . 0. K. SCO mLD. TII IUtW'l ! OITII ltN ItoU rl Via Rock Ibu I , Short31t Limo IUtt Lr.ult3it ' 1"0 , To all points In Kansas Oklahoma . Illdian Territory Texas and all points In southern Callrornla Only one night out 10 all paints or Texas. "The Texas Limited" leaves Omaha at 5:15 : a. m , daily . excellt Sunlay , , ianutllng passengers ! at all points In Texas 12 hours ! advance or all other Incs , 'I'hrolgh tourist cars via Fl. Worth and m Paso 10 Los An- geles. For I [ till particulars , maps , folders , ele" , call at or address Hocl Island ticket oUce , 1602 Famnannu st. CIIAS. KENNEDY . O. N. W. P. A. A Few Aclvult'tPA , Offered by tine Chicago , : Milwaukee & St. Paul railway . the short hue 10 Chicago. A clean train made UII and started from Omaha , Baggage cluecked Cram residence 10 l1estlna- tion. Elegant train service and courteous employes Entire train lghted by eleclrlclty and heated by steam , with electric light In every berth. Finest dining ! car servIce In the west , wllh meals served "a la carle " The Flyer leaves at G p. m. daily from Union L Depol. City Ticket Omce , 1504 Flnam slreet C , S. CarrIer , city ticket a agenl. To I he Travelhl l'uihhlc. Dtfore ! purchasing tIckets ] to points cast or Chicago , first ascertain the rate to Ihal ( point over tine Nickel Plate road. City ticket 01co. 199 Carl ( street p , Chicago , Ill. The deaf pupis from the institute will assist - slat In an entertainment at Centrl U 1. : church , Twenly-Courth amid Dodge rlday evening , April 5 , at 8 o'clocl Excellent pro- : gram. Admission 25 cents. mnnnmmmmnlllllllllllll111lllllllllllllllmmnnmllflHlmmlmlll ! ! ! ! rmnlnml = = What ill a Name ? = :3 I Sometimes more , sometimes less. There's Ozo mulsion , for instance. Whats Ozomulsion ? Thats a i trade name for ozonized emulsion. Whats that ? Thats emulsion of cod liver oil and . an pure lver oi , ozone guaiacol ( Whats it for ? You've got it ; all run down-cough- hack-can't sleep-won't let anybody else sleep-losing flesh-losing spirit-getting blue-get discouraged about = - nothing. What does that amount to ? More blues- 1 shake their heads-look " more cough-folks - wise-say 'I Consumption " -doctor comes-moe head shakes- more wise looks-you know-ills--pills-bills. Take I Ozomulsion in time. That wi fool 'em-fool you = friends-fool the doctor-fool . One bottle costs frends-fool docor-fool you. bote a 1 dollar. That'l make you feel beter-you'l get hungry = ' like to eat . If it don't , -you'll lke good things once more. I don't buy any more and get your colzr back. We = : - have faith in Ozomulsion-you'l have after you've tried it fairly. - fairy. OZOlIULSION Clre , . CollIs , CoughS , COISlllltOI IrOJ1tl. Astml ; : zrid all I'uInossary , COIIIIII'I ' ; Serorlln , Gciu'ral JIII2 . - _ 11) ' , 1,011 of 1'let1 A IWI : II , /11 all W ; tl' J/scIWI. - - Anr reputable drul store has It. I you arc where you can't . . . ct It . , thero's tlC mal ; write tor 1110'1. A 810cum Co. , m8j I'earl ttrect : ,1 York Clt ) ' = I TlJl lllo 10/CI Jlt 1111111 Ile lclltUll inn Ozomutnlsioii. IlillllJJllllJIIIIIj : : : III ! : : ! III ! 1111 liP ! ! " 1 : I ! : : ; 1 I : I" " II " ' : : m ! III 111 ; 1 : 11 ] iH Hjlllll For Sate by Kuh1 & Co. , O.uoho. , EQUITY CLOTHING and SHOE HOUSE --13th AND FARNAM. - -3 TRE to give satisfaction with the goods of - our own make. W'egifftra7iIe i.Ve keep your sul'in repair for six months after you buy it Vve show as fIne a stock af there is in Omaha , and the balance of the week and during the Lenten Ho- ! idays we are holding a special sale on Back Goods Boys' . Confirmation SuIts . . . . . . . . . . . . . . . . . . . . $3.75 Ien.s Phack Clay Cheviot and Worsted , Sull . Uack . . . . . . . . . \ . . . . . . . . . . . .p6 : : 75 : len'l PrInce Albert Suits , regent cut . . . . $ t 0,00 or COII'SC WC hlc nth'I' styles in Ihumlancc , which we will hc glad to show rind ruU'altcc ( fur six months. Spring Over coats and Furni3hing Coed Ovel Equity Ctothi11g and Shoe House 13th uud Vtii'tiaiii. - - - - . - w-.rna- -------J _ _ - - - _ _ _ . _ . , . _ 1 l' HONOR BRIGHT - - - . \ Its tim cardinal plensuro of n right doer to lo eulogized for com- . , mercinl Btralghtforwardnosa. C01e around S010 spare time , say some evening , when wo'ro f opened er closod-iirntters not-nnd listen to the praise about our clothing fr01 the hundreds who inspect our stock by referring to the t snmples in our show windows r r It's n constnnt and unnnhnouR vorclct of recommon nton. Tim ' . person who seeks honest auntie clothing for the least possible cost , is " the customer wo seek -Buy onco-buv nlwnys. t' A show wlndow-ns n rule-represents much or little , depends on the style of business carried on back of it A snmple In the win- . . ' dow and a complete lime in stock represents much. A Sn1llo In 1 , window for n bait IHl catch represents little . 1. 'Tis of n minor interest to U9 how the custom of the irosout do- c\lo : is , ot nil appearances , it is all in the show , but precious little in : \ stock However the case , wc'l speak of oursolves. ' f You'l timid in ou show window suits from $ G.OO up to $ ii 1 .00 I Each suit with its price nmlrccommoml ns } ) loln ns possible. Every enl ' of 'em is in stock , marked itt the some price and in every way I the snme. Find it otherwise amid wo'l agree to forfeit $1000 to any charitable institution you cheese to arnano l@ @ , i ! kBi2 \ : - " 1' : j Postal Card us for the newest Sprng ! ! ' 95 Cataloguc. 1 Free Postpaid. : . - . ; " } N , : . " . " , o , = " i iJC C - - _ _ _ _ _ _ - _ _ _ ' - - - - - - - - - i _ . ; H. ' . ' - . . _ . . _ THE NEW , Department Store. ' To tHe Firemal and Patrolmel 01 OmaHa- In making a direct bid for your valued patl-o. _ nagc for our lVew Big Furnilure , Czrbc1 and louse . ' FurlisHing Dt'pariieiz Store we desire to explain the methods adopted to govern the sales 1st . 'vel'j' ai' ti - 3Ll. Om' Ill'lco I ' . . . , rl. # ' wilho \ the do S I 10ln you by just . \ . j' Qt ' .415 ' I. Fame whetliot' ' whethol you OU' &tlospe I 0 p1 0 'Y4\ / . , . cash ' I pay on' buy vill \ \ 01 WI ho just 0' 'S I i On Out ' easy - ; puy- I they l'cIH'cecnt it , Ot' , , . \Iiit \ ] I anoint III an. in i every case. - ' - 2nd. The price tWLi& 4th. Every 01 . niade .YOI on any tide Ill'chmet ot V article is guat'ati- us must pro\'c sat I teed to 00 the low- isuictot'y. ( i othol" CStlOStibio ) to oh- . wise niouey will Jo8 _ . . tlo1ey wi .p ' ' ' \ % . . I tain in Omaha. be refaseded. \\'tIu th'1Sf lcstInLon8 based on honom1Jic business plttipus ! , wo 11po to . lcCliyc 1 liburrn.islnaro _ of . \Ol. la\'Q' . COlplete Uouse Fi' . nislucra--iurniturc , C u'pds , D'apll'ics , , StOY's , < n'ocleci'y , ctc. Our new Baby CllTingc Cat.loglc is 10W ready In . ! wil bc scnt oil ItpphiuttiOhi. flMABAY I I 1 2 1 1 - I 21 Af : D CO LI FANA S J-U\L I U C _ _ - , . . _ . w-- - " " v - " . -a R JJfl ' = - 6 --I _ _ D rLEllJIIIEJIP11Jir1131j . [ i o ' g . A Cure That Cures Q is the kind most people desire. Such [ El . . , D a cure is R ipans 1'abulcs , but not a L - B cue for everything. They are for D liver and stomach disorders and one [ ' D tabule' gives reief oO oD E flipnnns Tahuisin . BoSe hy t1itig1ptn . ' . or b7 mill II the price ( W crnl. n box ) J. IPnt to 1 too ltipsaa ! O Cinenieal COflany , No , 10 Spruce 8t . New \sk . cJrnDLlJ : : _ 11fl11iTiI _ . , . - - - - - - - _ . i , . ( dl -1 . \0 [ J I .4 Ij' I J lJ "r ' 11J If' it I li , baluit , , u'l , , I Iy IhoIHIII , 01 , Ilil' , lo'lhly ' , I lt It : l' : J. . o , . lIIrrlj & 1IJy' : t"I'JIII $ U irronii.jr rrtun any canto , It Is amid . rohuittno. : 10VIr 1111 I IIUr.IIC0 with evurv uattn. siuc 10 :1 : . Irr"iIlr innocineiniun ' ( , I I 11 s 4 , . . . , , I III' S"I' : l f.ui Sills icier hills as lit err battle iui iO &tei tuid u > 'o IIH - , . , 10'.1&111 li . I' Jlot . IIIJ . U Hi ; , 1.ls.1 uollo.1 I " : loll ' 'I ' ) i iitliun ' 1)5 ' ' , , ,1' . , . Ir a I''JII t 'in'niiiI. l'I'W'U.U , . : tiuttic It ' , , . , ! "er IOIIu I0 " INil 1 J\J 11)1 ii i.j II i'I. ' J.O.I IIJ W" wl,1 ru y Ir,1 yin I a uoll J I , . inimejis ( IAMOIE JUNIP11t CO. We.tt'I'u Uliti't , . OUllhl JUNIPEt NulJ. . : ! a. - _ - - - - - - - - . - - - . - . - , . - . . - , - - , . - . - - - , . - " t T1I MERCANfILE IS TifF. FAVOBITE TEM CENT CiGAR. L1'or yale by all 1Jriit ( 'Imiss D'niers , Mulitmfni'miiiud by thu ' F. R. RICE MERCANTILE CICAR CO , PdC1017 NuU43LLuuI _ _ - - - .