Nebraska Newspapers

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8 TIlE OAll.A , DAIT.JY BEE : I TJIURSD.AY , A D1Tr . , .1. lSH r .
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; TIGHTER HOLD ON THE PURSETti
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, 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
' . '
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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
:
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L41' II
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} ry. , ' ; ; .
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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.
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O. IL I { SCOFIELD
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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.
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HONOR BRIGHT
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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 \ :
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Postal Card us for the newest Sprng ! ! ' 95 Cataloguc. 1
Free Postpaid. :
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iJC
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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.
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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
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w-- - " " v - " . -a R JJfl
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= - 6
--I
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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 _ . , .
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,
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( 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.
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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 _
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