8 Til 1C OMAHA DAILY IlKIO 'Pt'lWDA V , orTOIttilt 04 WIW ,
CANNOT EXAMINE THE BOOKS
Court Passes on the Rights of Depositors it
Suspended Banks.
ENTITLED TO SEE THEIR OWN ACCOUNT
GCIIITIll Ill | IOC lllll lit dlC lllllllO
Would lllxrlnxr MnlH-rw COMCITII-
OlliiT * Wtilfli Aiillrmiti | |
Jlmc Jin Hlnlil to Ktiim.
! Judge Powell yesterday afternoon refined
Iho application of certain depositors In the
Midland State bank for permission to exam
ine the books and accounts of the bank and
ill matters connected with the Institution.
A receiver was appointed for this bank Sep
tember 16 upon the application of the at
torney general. Later In the month cer
tain depositors appeared In court and asked
for the order referred tn. In passing upon
the application Judge Powell spoke as fol
lows :
At tlin limn of this application , so fnr ns
HIP word discloses , nonp of the petitioners
bud tiled their nllfgcd rlnlms with HIP re-
rrlvor In Mppord.mrp with the terms of the
orib-r tippolntlng such icpolvrr , nor nuked to
luiVP tliPin ( illovvi'd , nor nmde or offered
proof of HIP validity tif mii'h eliilnift. For
tlic iinrpoM-s of this * opinion , however , It
will nHHiitni'il thnt thcpp pptltlnners nro
doprsltnrn. and n such , have valid claims
' \ Iho bunk to thu extent of Bileb do-
Tinrrlntlon existing between a. bank and
lt depositor IH In u HtrU-t sonno. that of a
rtililor nnd ercdltor. with tills MUallhYatlon.
that In dl. ehar ! lnp lt obligations as debtor
the bank tntisi do HO Htibji-et to the- mien of
Inw obtaining between principal and agent
In most , If not nil , controversies bcUvren
a linnk anil a depositor , the depositor , with
proper restrictions us to llmt nnd place ,
tray px-unlno the b.ink'M books so far as
they relate to the matter In controversy , or
tile bunk may bo compelled to produce Its
books In court im evidence ; but no depos
itor , as Ntirh , IIIIB a li'K.'il rluht tn miiku a
gpliernl examination of the liookn and trans
actions of a bank , iind It wonH be highly
Improper for a h.ink'i tilllcers to permit mu-h
a proceeding On this point n Htnndurd au
thority states the law In the following
terms.
terms.CITATION OP AfTIlOlUTY.
"Tim depositor not being In any respect
for the conduct of the affairs
of the bank , not being a stockholder therein ,
or not applying to pxamlne In th.it charac
ter mlgbt reasonably be refused an Inspec
tion of nil Its private affairs. Hut It must
be smposod that the rlnht to examine. If
fully considered nnd passed noon , would
bo eonllned to tmch portions nf tlu > books
as relate to the accounts and do.illngs of
the bank with HIP Individual applicant.
* If a depositor has reason to think
that there Is im error In his account as
Hhnwn on the bank book. IIP may reasona
bly demand an Inspi ctlon at the flrst con
venient hour : liit the reason of the privi
lege , and doubtless the privilege accord-
j Inplv. should be confined to such an exam-
j Inatlon only ns would Hiilllccto prove or
* .rfif"1'1 Ihp simpleton of error , niv1 "mild not
"extend to tut.11'c.jiints Hi otner cuntomers
or to the general bu'lnesM of the Institu
tion. It might be hlghlv Injurious to the
welfare of the corporation and to the In
tercuts of all concerned to have Its condi
tion and : iffnlrs subject to Inspection , nnd
thori'foie to publication and gossip. In
deed , the bank mluht be committing a posi
tive wrong. for which It might be held to
answer In damages. If It should nl'ow one
person to examine the accounts of others "
- Mnrfc on Hanks nnd Itnnklng , third edi
tion , Faction 201.
While the foregoing Innguiigo was used
with reference to banks unpaired In busi
ness and not In the bands of receivers , It
IK believed to applv with equal force ( except
as to liability and damages ) to the case at
bar.
It Is quite clear that the position of the
jietltloncrH In thlt case la untenable In law
nnd the factt. make It equally clear that the
order asked for Is unnecessary , and would
at this time , be unwl e
UKSrONSIHLK TO TIIK COT'IIT.
The receiver In this , or any like case. Is
nnpolntcd to take chart e of and represent
all Inteiests Ills sworn duty compels him
to do everything pniMhle- realize on the
bank's assets and iipply the proceeds to the
payment of Us Indebtedness. Tbo rights of
iltposltorK are his und the court' * most sa
cred trust.
If It Hhall apnear that the assets of the
bank are Insiidlclent to pay Its liabilities'
the statutes of this st'ate make It his duty.
uniler the direction of the court , to proceed
to collect from such stockholders as maybe
bo liable therofor whatever < ums are neci"- !
unrv to pay Biich liabilities. In other words ,
It Is the duty of the court at the least pos-
Plble expense , through Its receiver , to pro
tect by all lawful means the Interests of
every depositor. All tin- evidence In the
books and paper * of the bnnk Is In his
custody available for his ue and cannot
be removed , examined or tampered with hv
any person. Mvery right and remedy which
Is available to any Individual creditor may ,
nnd must also lie u pd hv the re
ceiver for the clamor's benefit , if cred
itors have knowledge of any facts or cir
cumstances which can properly be us > pd to
their advantage let them lie placed In the
hands of the court , and they will be utilized. .
for that puipose. K\vry creditor Is repre
sented In such cases as this by the court.
nnd bv Its receiver and by bis attorney. To
n rmll the depoaltots Individually or cole -
] e < lively to m , ike ( i general examination of
the books nnd papers of the bank would
not only be Imnroper and unnecessary , but
tend to confusion , delay and needless ex
pense For the foregoing reasons the ap
plication Is denied.
Tnt UN fCrprPNi'iif oil.
"Our daughter took Hood's Sarsariarllla
nftor having the measles and It relieved her
of eruptions on her skin. Wo have used
Hood's Sarsaimrllla for the past ten years
or a blood purifier and tonic and always
Jlnd It to he EH represented..Mrs. . Iiurila ,
1)22 ) North 21wt St. . South Omiiha. Neb.
Hood's I'llls are easy to buy , ciisy to take ,
easy In effect. _
Johnson tiros. , hard coal , JO.
Furnace coke. J7 ; soft coal , J3.50 to J7 ,
vVhi'rokco Holler coal ; get winter prices
William C. ( Joss , Phone 1307.
Whllo it Onmlm siop nt the Flrcprool
Hotel nellmio , opened August 10th by W. W.
Coatcs , cor. 14th and Capitol Avo.
Mtlli Ward Itcinililli-aiiH.
Mr Kimnot a. Solomon asks his friends
to vote for him at the primaries , Friday ,
October II , as ho will positively bo In the.
race for councilman from the Sixth ward.
POOH r.vmi CASKS SIT FOH TOUAY.
Kiipiiiiiif'ourl to A mi I n TaU ilip ilic
Mui'li-Trlcit CoulrovtTNy.
Among the Important casts unsigned for
hearlns ut the aess > lon of the supreme court
today Is that of Keller and Doane agnlnst
tlio enmity of UoiiKlnu , commonly known as
the "poor farm case. " Two decisions have/
already been rendered In this case , both of
them adverse tn the county , f'cvoral mouths
ago the imprimis court gi anted a rehearing
nnd opened the whole case for the purpose
of conslderliiK new propositions tending to
show that the purchasers of lots in Doug
las addition had acquired valid titles , and
that they had no claim for the loturn ol
their imrchasn iiuiiu-j. The county commis
sioner * arc anxiously awaiting thu result In
this case , us an adverse decision would re-
iiulro the rultlnt ; of homo $300 000 by taxa
tion.
Awarded
Highest Honors World's Fair.
EL-
PBRFFCT MADE.
A niitc Grape Cittm of Tailar Powder. Free
6cm Ammonia , Alum or any c liter a JuHc.aiH.
40 Years the Standard ,
I.\.M . \ i.o.xi .nil IIMV iiiicAii or niv
Aiiilillloiix ( Ii'rninn : j'H l MlnrU ( In
10 Illilp IMMKMI Ml Ira ,
The Xing of nil the bicycle globe ( rotten
who h.ivo struck the city In tliclr jouriipyr
nlnce that form of amusement became a fml
rode Into Omaha yextcrdny nftcrnnon. Hlr
nnme In Albert Fleck nnd he tmlln frotr
Ilamljiirg , Uerinnny. Ills nmhltton Boar ;
higher than lo simply enclrclo the earth
for ho ( iilumln to ride over enough ground
to girdle the globe three or four times II
ho Is lucky. The length of bin proponed
trip Is only 90,000 miles. So far ho has rid
den S.SOO mllcK.
Fleck left Hamburg on April 2 nnd he ex
pects to cover the allotted ground In just
four years from that date If providence ,
things nnd peoples iillow him. It ho gets
back to Hamburg on time ho will get n neat
( turn from the Hamburg Cycling club , as
that body lias laid n wager that he can dc
11. After that he expects to reap a small
fortune * by show Ing himself nnd his wheel
nt Iho Paris exposition In 1900.
Fleck has nlready ridden through France ,
Spain and Portugal nnd through the eastern
part of the United States up to this point.
He Is now thirty-five days nhcnd of hla
schedule time. From here ho goes to the
coast by way of Denver und Salt Lake. A
steamer will carry him to Vnlpnrlso nnd
then he will wheel southward through South
America , then cross to Africa. He will ride
tip the r.TBt coast to that continent until ho
strikes a good place to jump over to India.
Sumatin. Australia , Japan , China. Siberia ,
IttiEsIa , Norway , Sweden and Denmark com
prise the rest of the trip.
His outfit weighs nbout fifty pounds nnd
consists largely of his wheel nnd a big re
pair outfit. lie Intends to rldo the Amer
ican wheel lie 1ms now to the finish. He
will contliiuu on his trip next Thursday.
Never defer a vital matter. A cough
shouldn't bo neglected when Dr. Hull's
Cough Sytup will cure It nt once.
All the old trade Is Invited back' lo Hotel
Dollone , which Is being operated under new
management.
AXM'.U , MIITIM : :
Kor < < N ( I.IMVII ( Vnirfcr.v Asxoelntlcm.
The annual meeting of the above named
association , for the election of oincers and
Kilch other business as may come before
It , as provided by the bylaws , will be held
Tuesday , October ( > , at 8 o'clock , p. in. , at
the olllco of the association , No. 220 South
17th St. , Hce building.
V. II. LOWE. Clerk.
o
Tl TII | > M t\vo T.liullcil Trnl'ii
IJvcry day to accommodate eastern travel
via "Northwestern Line. " The "Overland"
at 4:45 : p. in. Into Chicago 7:15 : next morn
ing , and the "Omaha-Chicago Special" 0:30 :
Into Chicago 9-3" next morning.
City ofllce. 1401 Farnam street.
six. Thirl- . .11. 'train.
of the
CHICAGO
MILWAUKEE ;
& ST. PAUL HY.
Host service ,
ELECTIUC LIGHTS ,
Dining car.
City offlco. 1504 Faranm.
SPHCIAIj HA'I'KS
Via. < lic MlNxourl 1'nelllo ItullTvuy.
Hound trip tickets to Kansas City October
4 to 10.
Hound trip and one way tickets to St
Louis on every Tuesday and Thursday until
October 22.
St. Louis Fair tickets on sale October 4
.to 10.
Homo stokers excursions to points south
and bouthwcst October C and 20.
For further Information , land pamplels ,
etc. , call at city offices , northeast corner
Thirteenth and Farnam streets , or depot.
Fifteenth and Webster htreets.
T. F. GODFREY. P. & T. A.
J. 0. PHILLIPPI , A. G. F. & P. A.
01)1) HOAIll ) I.KKT OUT IN Till : COM ) .
Sceomt riiaiilor [ n IIdeation Over
tin1 Kvi'i'xl SlKiuil Ciiini > nii.v.
Another chapter In the controversy be
tween the stockholders In the Evcrst Hall
way Switch Signal company was enacted
yesterday when Judge Powell allowed a writ
of mandamus to compel the old officers of
the company , Prchhlent James II. Wlnspcar
and Secretary Louis Oetterinnn , to turn over
to the new board of directors , Laban J.
I vcrst , Charles P. Reynolds and George
\ \ ' . llyan , all the hooks and other corporate
property In their possession.
The mandamus was Issued on the applica
tion of the tince directors last named , they
making nflldavlt that they had been sum-
moii'Ml to attend a meeting of the stock
holders of the company to bo held last
Thursday afternoon at Hetttrman's drug
store for the purpose of electing dlrectois
for the ensuing corporate year. They al
leged that when they attended at the hour
named In the notice they found no one at
the place o ! meeting , and the books and
records locked up. Having n majority of the
capltil stock of the company , they allege
that the ; then nnd there held a meeting In
accordance with the call and elected a new
board of directors , leaving the old board
out In the cold. They further allege that ,
the old officers refuse to surrender the rec
ords and other pioperty and they assert
these nns necessary to a proper performance
of the business of the company.
This Is the same corporation against which
n icstralulng order was Issued about ton
dn > s ago. restraining Wlnspcar and Hotter-
man fruui voting n large block nf stock
which. It was alleged , bad been fraudu
lently Issued for the purpose of controlling
the election of directors.
They are so little you hardly know yon
are taking them. They cause no griping ,
yet they act quickly and most thorough ! ) .
Such nro thu famous little pllhi known as
DeWltl's Little Kaily Hlsers. Small In
slzo , great In results.
The above Is the farmer's verdict. Oats !
oats ! eaU ; ! Corn ! corn ! corn ! Sugar bents ,
chicory und vegetables of all kinds. Never
did land pioduce more abundant crops than
tlicHo of this season.
Seeing Is bolicvlng nnd all homescckcrs
who have tired of paying rent or wish a
changu to cheaper ( lint not poorer ) land. In
a state whern cllmato is all that could he
asked should sco Nebraska's Hull nnd crops.
The Fremont , Hlkluirn & Missouri Val
ley railroad Northwestern Line traverses
the best portions of tlio state and la offerIng -
Ing most favorable rates to enable home-
seeKers fioir. other states to nee Nebraska.
Ask any railroad ugent for n cheap roundtrip -
trip ticket on September 29 , October C and
October 20.
For further Information and particulars
ns tn rates , etc. , wrllo 3. II Gable , TravelIng -
Ing Passcnget Agent , F. , n. fa M. V. H. It. ,
DCS .MoliR'3 , la. , or thn undersigned.
J. II. HUCIIANAN.
General Passenger Agent ,
llooiu GS , U. S. Niit'l Hank Hldg. ,
Omaha. Nob.
WAS i.A iiiuitv TO m\rii IIOMI : .
I'NiHt Driving CetH u KliH'cncr Knrmrr
lulu Trouble.
John Klttcll , n farmer from Florence , la
In jull on a charge of fast and reckless driv
ing. Yesterday afteinoon he mot n number
of friends and they indulged In a taw "high
balls. " to iibo Klttcll's p.xprrnon for drinks ,
nntl then bu Htcppod Into his buggy which
Is drawn by two powerful black horeofi and
turned them looseIn the direction of haniu.
At the con tr of Sixteenth and Chicago
strceU Dr. Solomon and a woman "ore
talking , ncpted In thu doc-tor's vehicle Kit-
toll catno down the el rent as If answering n
tire call ami tlut wheel nf his hugg ) fitruck
that of Solomon' * and a Rrtici.il miush up
wan the roult. The doctor's ilg was over
turned and ho und hli fcumlB loinp.inltm
were thrown to the pavement. KltteH'i" rig
righted and ho continued on hu headlong
couro duwn the utti'i'l uiilt the doctor In
IIIIKUU. At Sixteenth and Cunilng tlio doc
tor foutU a iiollci'iuun und Kftiint ; him Into
thu buggy with him t-auttnuud after the line-
lug farmer. Klt'ell van not nvt rUk n until
the Klkhorn railroad : r.ii-k * on North Thir
tieth wa * | uit vd ml > hii It w i only with
dutifully that Mr. to.im wnt toiiiHl | | nnd he
placid utidrram.it. Tint doctor will
Kltti'll tliU
Ti-lltr. rvfina nd ull timlUr tkln
( iiMbl f an curl by * h lue of U - NVIu '
\Vltb Il ri < | Kt\\ \ * It > ; tl.c * 4' mice , an )
ruiorcn tbf tlwur to incir natural cut-
u. ud uotr fitli to cure pll .
ORDINANCE HELD INVALID
Small Coal Dcnlors Win Tliolr Fight in the
District Court ,
CONTEND THAT THE FEE IS EXCESSIVE
.lullK < - llnkvr Dri-lili-n Iho I'lixllliiti
U'cll Tiilicn Clly imi-n > nt lei ;
of mi Aipetit | | Ihv Hu.
li re in c Court ,
A case to test the validity of the ordi
nance passed by the city council , requiring
nil coal dcnlcra to take out a license to eel
coal and pay the city $ M therefor , was
taken up In Judge linker's court yesterday
morning. The case v\as entitled the State
against Frntik Martin , the defendant having
been convicted In the police court of sell
Ing coal without having first taken out a
license.
Martin's attorney contended thnt the ordl
nance was unconstitutional for two reasons
the tlrst , that It would operate to drlvo the
small dealers out of business ntul was class
legislation for that reason : second , that I
would raise tnoto revenue than wns rcqulrei
to enforce Its provisions and was contrary
to the oplnlor of the supreme court In Hit
so-called "milk case. " In which the supreme
coutt held that n license wns simply for the
regulation of the business nnd not for
revenue , differing In that respect from an
occupation tax.
The attorney quoted from the ordinance
to show that Its title proved that It Im
posed upon thn license Inspector nnd the
cenlcr \volghtR and measuios the duty of
enforcing the provisions of the ordinance
and did not Increase the pay of either of
those officers or provide for additional help.
Ho said the expenses of the license In
spector's office were $1.310 In 1S05 nnd the
expenses of the otllce of the sealer of weights
and mcasuics were $1,070 for the same year ,
the evpenses for both offices during this
jcar being at about the sameratio. . Thi'
revenue to be derived from the tax levied
on the coal dealers , If all paid , he alleged ,
would be nbout $3,070. or more than enough
to pay all the expenses of both offices , while
the city derives a largo revenue already
from both olllccs.
The city was represented by Assistant City
Attorney Kstelle , who contended that the
ordinance would not ralso more than was
necessary for the enforcement of Its
provisions. He alleged that all the time of
ono man would be requited to carry cut the
provisions of the ordinance , and , that the
ordinance wns simply designed to provide foi
a regulation of Iho coat business and prevent
the giving of short weight by dishonest
dealers. In response to questions asked by
the court the assistant city attorney ad
mitted that the enforcement ct the ordinance
might drive the smallest dealers out of the
coal bti3ln s9. but he argued that this might
bo n good thing , as the dealers who sell by
the pailful or bushel generally buy coal by
the load In open mirkot , nnd can only make
a pioflt by charging a higher price or giv
ing short weight.
Testimony wns Introduced by both sides
along the lines in Heated In their statements
of the case , and the nttorney for the de
fendants completed his argument before the
noon adjournment. The city closed thn
case In the afternoon and It was submitted
to the couit.
Judge Baker rendered his decision , holdIng -
Ing that the license was excc slvc and
ordering that Martin be discharged.
Assistant City Attorney Dstelle gave notice
that ho would appeal the case to the
supreme- court , but Instructed the license
Inspector to sco that the other four cases
now pending in police court be dismissed.
The effect of the decision will bo to sus
pend the operation of the ordinance entirely.
Champagne as a restorer" has no equal.
Cook's Imperial Extra Ury Champagne Is
pure , delicious and earkllng.
IJOTII TIM : SMITHS KOU.M > GUIITV.
iji'iiti'iicfil < < i Min'ty DII.VN In , lnlI fur
AluisliiK a ( 'Mill.
"I find Frank Smith guilty as charged ,
and sentence him to ninety days In the
county jail. I also find Hcs.slo Smith guilty
ns charged , and sentence her to ninety days
In the county Jail , " was Police Judge Gor
don's decision In the ecnsatlonal assault
cases which wcio Hied against the two
personages for the unnatural treatment of
their G-year-old daughter. Louise. The de
cision was handed down In police court
yesterday morning.
Hath Frank , the father , and Hessle Smith ,
the stepmother 01 the lltilo girl , were pres
ent nnd appeared to be unaffected by the
sentences of the court.
In passing upon the case Judge Gordon
stated that be hud been guided entirely by
aw and was not swayed In the least by
public opinion. He fck called upon to
nako this statement because iho defendants'
attorney had ro.nmcnted upon the presence
of Indignant feminine neighbors of the
Smiths , who had In the course of the trial
given expression to their disgust at the
treatment of the child and the Smiths' ex
cuses by hisses.
Continuing Judge Gordon said ; "I can
f.co how parents of depraved nature and
wicked character might abuse a child , as
.ho testimony In the case shows , It Is be
yond my comprehension , however , to under-
itnnd how parents of the respectability nnd
ilgh standing of the defendants , as shown
by the testimony of reputable citizens , could
be guilty of such abuhc. I do not care to
say anything more. "
The decision of the pollco court must
stand unless It Is reversed by the district
court. The attorneys for the defense still
maintain that the testimony did not war
rant a conviction on the charge of assault ,
yet they do not deny that the child may
lave bren Ill-treated. Therefore they nt
once signified their Intention of taking nn
appeal to the district court.
Judge Gordon llxcd the bonds of the
lefendants at $400 each. Their attorneys
nt once left ho pollco court to obtain the
bondsman nnd the bond wns filed with
the police court clerk early in the after
noon nnd the prisoners were released ,
CIIAIUII : : > WITH .vi'Micitors citnuis.
I.iiiiiluriui will Hi- Held al in , . Stiitliin
for a Thins
John Lundgrnn Is the nainu of an Indi
vidual at the police station who has n num
ber of offenses charged against bis name.
Ho Is wanted In this city for robbing the
room of A. Wallace of some clothing and a
gold watch. The ticker was found on bin
person and the clothes were later recovered
from n pawn shop. The prisoner also hud
u milt of clothing and a watch , supposed to
hnvo been stolen by him at Missouri Valley.
Finally , the pollco are Inclined to hold him
on suspicion Unit ho U ono of the persons
who held up a cashier In a Chicago foundry
for over $1,000 the latter part of September.
Lnnilgran Is very noncommittal , hut
states that when "men am In want they may
bo driven In their desperation to do almost
anything. " llo will bo prosecuted for the
local robbery whllo his past record Is being
Investigated.
MnrrlllKP II-I | < IINIH ,
IVunltH to wed liuvo hcon Issued to the
following p.irtK'H by the county Judge :
Nuniv Hiul Koxldcnrit. Age.
OiorgpV. . Htpvvarl , South Omah.i 22
Mary Lu'u ' Tiirpi'iinliiK , Houth Onmlm.SI
Krnnk Krof , Omaha 2(1
Mury llamk. Omiiliu 21
I.or In n 10. Longaneeker. Om.ilm , . , . , 23
Minnie t'npe. Onmlm jj
Ilertlo It. lli'HHpy. Didiolt. Nvb 2,1
Arillla Cralt , Dvboll , Neb
Tbomati V. Vnugluin. Om.ibii 23
AKIH-M L. MorlMiey , Onmlm X ]
John Kramer , llnmboldl. Nub %
Aiinlo Nlnnt-r. Omulri ill
Jonepli C. I'felfrer. Kurt Wuynu. Ind
Anna II. lu-dinun. oiiuib.i , .JI
AllM-ri \ . llow-Hnl , Omiilm M
Ili-riha K. ( "iirttfr. Om.iha it
NVU I1. ll.illUfll. ISIk City. Nb St
M.tiy J. 1'lwrcf , Kfu t'liy. Neb Hi
riiiiM I'lrr In Di'lrnll ,
. on 6Th * ilve-nturr Imlld-
Iny at Ilif cornrr ( if l-tnifd und H'lfUiy
u.fU fiirmerly oci uplm ! by th Frit'
I'ri'HH l on llr > nnd Mill hi- ron > i > Irtfl >
liutK 1 | i In ui nidi > t b > a ninnliii of Joi >
in m link- book blndiiy mul tvr ioty | > lliK
mm * . Thu lo will l > u hvuvy >
MIWTIXJ oi' un i H.HTATH MI \
I'liiiiK fnp Iliililltiin n > ( 'outmll'iii An
Thrro vvflx n good uttiiitnnrr And a live )
meeting when thr inrmbprn of tint Om h
Heal Kfttnlc ( xctiAiiftr cameIngi'ther yonlrr
day afternoon In the ( lomnirrclnl club room !
Tlio subject of n slnlfl ronvanllon of rr
entail' men for tbn purpose of consider ! ) !
the outlining of lr Ulntlon that should b
passed at the comlm ; irsslon of the Ifgli
laturc engrossed the- greatest ntUntlon
All ndmlttrd thp KrlUtahllltr of bnldln
such a , mrttlnn. but-tlioro was n variety o
opinions regarding thd best tilr.ro to holi
the meeting. Some thought that the resill
of thp meeting would have a moro dccblci
effect on the legislators If the meeting wcr
not held In Omaha , while others with i
show of homo prldo declared that thp meet
Ing must lx > held In this city. After con
slderablo discussion It wan resolved to np
point n committee- five to corrcspom
with thp real estate men of the state re
canting such n conference , amendment ! ! t
the state lews on landlord nnd tenant am
other real estate matters to bn considered
The committee consists of Messrs. Heed
( Jeorge , Smith , Wallace and Charlton. 1
the proposed meeting Is held It will be soim
time after election.
The following were appointed to prepare
n schedule of uniform rales for the rcntlnp
and the sale of Omaha property , with ln <
Rtmctlons to report nt the next meeting
Messrs. ( Icorgp , Smith and Wallace. Thi
names of all tlie delinquent tenants In flit
city nro also to h ? brought before the next
meeting. The special order of business foi
the next meeting was made thp discussion
of the Torrcua system of registering deeds
There Is a , mftvcir.cnt on foot to hnvo all
real estate nun cloeo their ntllccs nt 1
o'clock on Saturday afternoons throughoiil
the year. The ofllces have closed nt thlf
time during Iho summer and there Is t
hearty sentiment within the exchange It
favor of continuing the early closing. Tin
matter will be brought up for decision al
the next meeting.
riietui Iliili-M Siiulli mill \VON ( .
Kansas City and return $3.80 October
to 10.
St. Louis one way nnd round trip VKIl\
low October to 9 , nnd Tticfcdnyo nnd Thurs ,
days until October 22.
Homcseokcrs' excursions west and sotill :
half rates , pins $2 October C nnd 20.
Call nt ticket office , 1502 Farnam street ,
and get particulars.
J. B. REYNOLDS , City Passenger Agent.
ST. I.OL'IS ' KAIll AXI ) n.YI'OSITIOX
Via ( tic \VnliiiNli H. It ,
St. Louis Imposition , round trip , $15.35 ,
Ono way , $8.25. Every Tuesday and Thurs
day.St.
St. Louts fair , round trip , ? I1.50 , October
4 to 10. Veiled Prophet parade , Tuesday ,
October G.
Home-seekers' excursions to nil points
south , October 6 nnd 20. For tickets ,
bleeping car accommodations or a homc-
LCeker's guide call nt Wtbash office ,
1415 Fnrnnm street ( Paxton hotel block ) or
write 0. N CLAYTON. Agent.
ly K-\ciiroi < iiN to California.
Via the Burlington Route. Cheap com
fortable quick. From Omahu 8:35 : every
Thursday morning.
Call at ticket office , 1502 Farnam street ,
nnd get full Information.
IlKTIlliNCII.MK.NT ON THR SANTA KK.
Itonil ClOH.-H t p UN Ofllco in ThlH
'Clly. '
The policy of retrenchment In the opera
tion of the Snnta Fo system Is being carried
on as effectively as when It was Inaugu
rated nt the beginning of the year. Its
effects were felt In Omaha In JIarch last ,
when considerable reductions were made.
The nxc has fallen again , and the Omaha
olllco Is to bo abandoned entirely.
Edward L. Palmer , for a long term of
years passenger agent here. wll | remove
his headquarters to flea Molnes. There he
will succeed S. Mr Osgood , general agent
of the passenger department. The change
Is effective at once. Mr. Palmer's family
will remain in this city , nnd he will be
compelled to spend most of his time In
raveling , as his territory has been largely
Increased.
As lotrenchment In the Santa Fe has
progressed , the work of the men retained has
naturally been Increased. In March the
fi eight office In this city was closed , nnd
the services of the assistant to the freight
and passenger agents were dispensed with.
Mr. Palmer was given charge of the pas
senger business In Nebraska nnd South
Dakota. Soon aftcrwnrd the office nt St.
Joseph was closed , and the territory of that
office added to Mr. Palmer's field. Then the
Atchlson olllco was shut up , and Its territory
added , so that a part of Kansas was added
to the other states the Omaha man had to
look after. Now the head of the man. who
has looked after the Santa Fe's Interests In
Iowa for the past seventeen years has fallen ,
and that state IB tacked on to .Mr. Palmer's
steadily Increasing territory. Ills territory
Is nbout doubled by the change. General
Freight Agent Osgood Is well known among
Omaha railroaders , and they all express the
greatest regret that ho should bo dismissed.
Ho has not yet decided Into what business
he will embark.
VI ) KI.'IITIIUH CUTTIXO OF IIATKS.
I'ri'dli-llon Muilc tlni ( < lnlloltom HUM
Ilrfii Itcnolifil.
Assistant General Freight Agent Wood of
the Union Pacific lias returned from the
Chicago meeting of freight men , but Freight
Traffic Manager Munroo Is still there. None
of the conferences that hove yet been held
lave resulted In the adoption of a general
agreement ninong the roads that were held
ogother by the Western Freight association ,
whoso death has been duly noticed. Another
moctln ; ; has been set for Wednesday morn-
ng.
Regarding the rate war that has been In
irogress for the past ten da)8 , Mr. Wood
said that he believed that It was nbnnt over ,
for the reason that rates wore down to a
lolnt where It was almost Impossible to cut
hem any lower. lie thought coal rntcs
would lint go down lower , UH confidently
expected by the dealers and consumers , nnd
'clt quite positive that the rate of $1 u ton ,
which wns In vogue last acapon , would not
> e reached ililr jcar. In the belief that the
alt's , and consequently the price nf coal ,
would go no lower , he said ho had already
put In Ms stock of coal for the winter.
Trial nf a HlK ! ' > < lollvc.
Ono nf the largest locomotives over opcr-
Uod In the went ua * given a trial from
Denver to Pueblo > yesterday morning ,
t pulled a train of forty-five cars
over n steep > grade. It Is t'stl-
natcil that the trip from Pueblo
i ml return , -MO miles , run bo made without
-epIonlshliiK the water or fuel supply. If
ho locomotive incetH tlu < expectations of
Icnry Schlacks , sunorlntcndcnt of motlro
-otter of the Denver & Ida Grande rail-
oail , by whom It was planned , the running
line of iho fast trnliiH between Denver and
'ut'blo ' will bo reduced to a mlle n minute.
N 10 Iliilil ( In * SulilliT" .
A merry fight U > rolng on among trnns-
ontliu'iital lines fort the transportation of
ho Kovtrnmcnt trooiw from Now York City
o San Francisco , riho Union Paclllc has
joen selected by tho-.quarlermaster gi'iioral
IB thu route for thu noldlera who are to go
rom San Frantlaco to New Ymk C'lty. The
jUh-eiith regiment of Infantry Is aluo to by
noved from Salt Uko City to puinln In
hu Department of Columbia on Thumduy
riie Union Pacific will take ono company
o ilotio City and fcU I'limpanleit tn Forii
? | iok no and Shermun. Twelve Pullman
ourUt ulrcpcrii , two Pullman | > .ilun > idccn-
m. ( wo baggage ram und clttht furniture
'am were ymU'rday morning ordered for
Salt Lake C'lty , where Iho loading will bt >
today. _
llf 1,111'Hl I'llHNI'IIKI'r Vll'll ,
The locsl pmnengur amocltttlon nu < t } cxtcr-
lay nuirnliiK ftt 9 uYlock. It w i a ri'guUr
ueiitliiK ami nothing of unuiuul Inier * * !
Mciirrwl. Thn ( irovlnloiu of the Weitrm
'nMfiiKur uMuvlatlou ronccrnlut ! the em-
iluymont of vivclal | nKfiiix v > rru rclu'ar * l
or the benefit of Ihr local llrUcl mm und
vhtm Hi'frrtury Miiuii utkod K lluy under
HiM ) , | itit-m they all rt'niMtudnlt > " Thr
nclhod u ( ImudllUK the KXIWIIM * of th
loilatlpil wui illi ui ' > l fur hort whlk
ina thvu llie ticket men * JJuuruca to o
* B , o < ifc
GREAT COAT-
The Nebraska has been selling overcoats in Omnhi for
let us see c'even years , ami in all that time it has
never so'cl ' an overcoat , never scon an overcoat , that
was as big value as the coat wct will sell this season for
$9,50. It is a remarkable coat,1 U is made from a fine
high grade all wool Kersey , finely tailoredfinely finished
and the unusuaTpart of it is the lininffwhich in one sense
isn't any limning at all , It is self lined. It is double
thickness , It is doubled material just like having two
coats made up as one. It is a sortof a continuous coat ,
if you can understand that any better-for tlie Kersey on
the outside of the coat continues on the inside for six
teen inches on each side and is joined to a single strip
of satin on the back , thus giving you a double material
double comfort , and double value for thc snqle price ,
WcTexpect to sell these coats to people of taste , \ \ c
expect to sell them to people of sense. We expect to
sell them to people who will differ on the money ques
tion , when it comes to politics , but who will have no
trouble about the money question , when it com es to
seeing their money's worth in this coat , Yes , this is a
great coat. But it isn't our only great coat ,
FURNITURE ,
Out October sale will continue throughout the month.
The sale includes furniture of all grades and of every de
scription.
The prices this year are the lowest ever quoted and all
customers should take advantage of our special prices this
month.
as
12TH AWD DOUGLAS STREETS.
Can Koii Fill this ?
\\'e mean this piilr : The bljr ntoreH In tlic
mlilillc I the block "nil tlic korncr slurp" , ros-
Kllily juti can't , but ur cun liy milling the
H\elle < l head graduate from tlio Unnier Btorc
1 * . 1 * . * .
then you have the three bis ls.
AHcook'H I'lasters 9c
CaitPi'H Uver I'llli 15e
1'alne'n Celery Oomiiound Clc
Vine Kolnfra "lie
South Anierlcnn KMncy ( . 'lire "So
llorti'ttcr'n Hitters f.Sc
ipptrle | llltterj Me
] Ioo.l'H KiirHap.irllla etc
Duffy Malt Whisky FOe
lllrncy'H Catarrh Cure 30c
Oem J'.ilorrh I'nwiler 35c
I'jrnmld 1'lle Cure 31c
Ayer'H Mulr Vl or Wo
O.nnnlp .lunlprr Jl.flD
Scotl'H Iliniilflou B7c
Syrup of DBS , 32c
Sauiit'K IJ > b | > fi'sla Tableti' 3Jc
Pierre's I'avorltc 1'rescrHHIon ( Cc
WllllaniK1 I'lnlc Pills 3T.C
Cullcuni Soap l s
§ 5 CUT PRICE
iSa DRUC STORE.
10 tli mid Chicago.
Oije Tlioiisasjit ! ! iof Oijc.
( Trade Mark. )
ACCIDENT TICKETS.
CiiHiiaHy Cmiipniiy of Now York.
gives THREE MONTHS' insu.rn.nco ,
1,000 for $1.00
t < i nit-a or TV i ) in < r 11 ,
between IS nnd CO years of nite , nRtilnut fatal
Direct Accidents n-foot , nr on lilcjcli'H , Iloreo ,
WiiKunn , lloite Cuts , Ilnllro.ul cam , llluvatej ,
Ilrlclct' Tiolley nnd Cnlilo cnra , KlciunFlilii. ,
StrnnilionlH nmt Stsnin Ki-rrlrn. Jino.OOO ilvpuitli'il
nlth the liiFiirnncc Dcpiutmcnt of tlie utato of
Ke\v York for the security of tlio Iniuiicl.
1'op Snlo by
Chas. Katifmaim ,
130J DoURlnj Street.
Tel , COG Omnlin. Neli.
Beer Business for Sale.
Good Trade , Splendid Location. Price
i'i.GOO.OOVrlto lor particulars.
KHNST IlIHl-nN ,
Dcnlsoii , Iinva.
out to BCD whether local or through travel
: iud revived dnrliu ; the inornliiK hnura.
ItiillirnyICH | "ml IVrHimnlH ,
H. C5. Kurt , third vice-president of the
Northwestern , was In the city yesterday.
U , 6. Guild , supply a eut of the II. &
M. nt I'lattsmoiith , wan at heailiiiarters |
yesterday morninc.
I ) , II. nidrlUye. soulhw estern ( rclcht and
pa enKcr nRent of the Lake Shore & Mich
igan Southern , In In town from Kansas
City.
II , II. Moles , traveling passenger agent
of the Nickel I'luto. vvlth headquarters In
ICuiiuaB City , was In town > i-Btcrday after
noon
General Manager Dickinson of the Union
flclllc left for n trip lo Salt Lake City.
Denver and I'ocatclto Sunday morning to
ook after some loial mutter * at those
lolnts.
HoportB ( rom Fremont to the I'nlon 1'a-
clllo hoailu | rcor * are to the olfect that the
our men Injured In Saturday B wroi'U at
hat point are all doing well and will doubl
es s recover.
The roads In the Joint Tralllu a snrl tlon
will lierealtcr clmrRo for tiulim of | > "H < il
cum al the tatu of rlKhlc n full llrst olu
and twenty-five full f refer
art'i * for one way
for thu round Irlp for each pwUI tar
The I'nlon I'arlllc will run iv\ B.eiljl |
rain * Irom h ro to Nurih rune Horny
aflur inldnlKl.l Saturday to farry home tin1
Wild Wwt show. It will rniilr | nearl )
Culoiu-I l oil ) * aK
U y r r to transpgrl
rlJrs ami llu'lr tnlw * ! * .
sri'K llon of *
tur n.x'mui of
Wllllum Vwaiiitou. iii
HIM I'tminolvanla reid m ImllaiiapulU U In
IhP rl | > . thf KUfst nf Travi'Hiiu r Hf'f
Ast-iit HloliMnlMn uf hv mm * r it > '
ivui Mr tiwunsioii Is oun of lh .x
fumiiivrs u < lht > Am rl > iiu M sur Mn'iunl <
ftMailuiloii , of wbuU Duiul/or tUt.n ru to
day but two survivor * .
Short Time
Orders are a special
feature of our business
Trousers to order in i day.
Suits to order in 2 days.
Our superior facilities for
prompt workenable us to give
you well made garments at
short notice.
We sell for cash ,
Pants to order 31 to 512.
Suitd to oi'tlci$15 to sKJO.
Samples Mailed.
Dranctica lu alt Principal Cltlen.
207 South 15th St.
Gold
Crowns
Mntlu to lit nod pioaorvo
thu tc'iith. Sou
Dr. Bailey ,
PAXTON
HLOf.K.
H IB ROT P4
Who"
Who"S
t
\
are certain to have the best
of the world's goods to
choose from aic certain to
enjoy the fair prices made
possible by lar c hayings ,
We sell the Bnitcrick pat *
terns
Ladies'
Garments
Ladles' flno Silk Waists , mndo of extra
flno ininllty taffota. well lined nnd bound , In
black and colors , nt J4.M ; worth $8.00.
Ladies' Corduroy Waists , white linen col
lars nnd cuffs , the coircct tiling , at 13 G
and $1.'JS.
Fur Capes-
In electric seal nnd a.strahkan , IcnRth 3S
Inches , full sweep , rlpplo capo , lined with
fancy silk , at Jl'.fiOvorth ; $35.00.
Ladles' Plush Capes , lined with oxtrn ,
flno quality farmers satin , thlbet trimmed ,
full succp , at $5.6 $ . , j
Jackets *
Ladles' now nmplro Jackets , In Im
ported kersey , lined throughout with silk.
for JD.OO.
Ladles' Jackets. In beaver , bnuclo ami
cheviot , English box front , now slcovo , now
back , high storm collar , at (5.00.
Dress Goods
Special s
TH1U5R DIG 1IAIHJA1NS.
40-lnuli American Novelty , worth Me ; 3G
Inch all wool Seigc and Henrietta , worth
2flc ; 36-Inch all wool novelty , worth 3Uo ; A
18 cents.
Everything In Urcbs Goods.
Great
Silk Values-
WE LRAH THRM ALL IN SILKS.
See our fine 27-Inch Illaclc Chlnon at 40c.
All Hi" new combinations In Fancy Sllk
at C9c.
The lliiOHt and only complete Una of Sllkd
vvcfit of Now York.
Extraordinary
Flannel Items
Cotton Klanncl ill 4e.
Outing llannel at Ce.
JJrmlno Blderilovv n at 17c yard.
Blankets
and Comforts
\Vo never gathered Hlunkotn so extcn
slvuly nor as good ones at BO low a nib-e- .
( iOod Cray lllanltct.s atI9n. .
Uxtrn heavy Wool HlanlielH at 1.3.r .
Ono CIBO ; 111Vblte Oalirornla Iluulel ) (
un Eiietlal talu nl only ( : UO.
Your
Month's Supply
uoiv will save you money at Iluy-
: lena' I'rovUInn Dcpnrtmt'iit.
A ( IKJANTU : MI3AT BALH.
: 'allfirnlu ) Hugar ( 'nred llanm . , CV4o
riiiKar Curoil iiacon . Ku
l''ancyVblo Iiacon . , 7o
'onicd llci'f . , 2i >
I'lcklo IMC I'ork . So
Salt I'ork . < o
ItoiielrN.i llnin . So
? enl > uil llnin . 8' < iO
I'lKi' Hoi-Us . . . . . . . Co
I'lRS Kcct . , . . 4o
I'rlpo 4o
A Tremendous
Butter Sale-
: ! or > il Cijiiniry limur. 7c , Do . lln
llest Countr > lliiMfi' . 12'-ic ' anil . lliu
I'anty Si'liarator t'rt incry . 17u
: jur Kcncy W.itirlou R'H't nt . 19o
Stilflly froh Ku' * alwtys on h it < l
Itcinomber tlio prlrci will nut lait
lw jr I'd M ir > ' > ( | > ly In now ( rum tU
jrrJl Tr < m niu i > . ' "l I HrHila-JKiU'lii
- -1 SM Httai i
JBflOTHE.nSJL-3