TITTC OMAHA DAILY BEE : TTHUKSDAY , JANUARY 0. 1808.
HITCHCOCK BEFORE HEYSOR
Editor of the World-Herald Qota His Day
in Court ,
HEARING OF CONTEMPT CASE BEGINS
i\ldpiiro for HIP I'roKrctiltnn In All
SntimlKrit unit Dcfrnno AnUi
u , . a I.lttlc Time ( o ( Jet ,
Tlio cane of the State against Gilbert M.
Hitchcock , publisher of the World-Heralds
and president of the World Publish
ing company , wherein the defendant Is
charged with contempt of court , v'.is called
bcforo Judge Koynor yesterday mornIng -
Ing , and at the hour of the
noon adjournment the state announced that
It hail concluded the Introduction of tcstl-
mctiy nnd that It rested. Following this an
nouncement Attorney Hall for the defendant
Htutcil that at 2 o'clock ho would bo ready
to go on with the defense , but was not cer
tain what course ho would ( iiirsuc.
Tlio evidence Introduced during tlio morning
consisted almost wholly of articles , local and
editorial , published In ttio editions of the
World-Herald , In offering them In evidence
U was contended and urged that they wcro
published for the purpose of violating the
terms of an Injunction heretofore Issued by
Judge Keyset * restraining Mr. Hitchcock
from coercing saloon intti and drugglnts Into
publishing their notices of application for
liquor licenses In the Wolld-Hcrald. The
civldenco was Introduced for the further
puivoso of showing that thcro was a con
spiracy between certain members of the Klre
nnil 1'ollcu commission to violate the terms
of H.ilil Injunction.
After the Information and the answer had
liccii read , Attorney Slineral on behalf of
the court presented the llrst named piper
nd offered it In evidence.
Attorney Hall , for the prisoner , objected to
the Introduction. Insisting that tile court had
nt > jnrl Jlctlrci nnd also for the reason that
the ullcgatlcciH In the information were a'l
variance wiin me
The objection was overruled and the offer
was allowed. Tlio original order of Injunc
tion \\.IH next offered < uul admitted over the
objections of the defendant , who Insisted that
it was Incompetent ,
ANSWI3II IS SUKKICIHNT.
Getting down to the merits of the c < ise.
"lorncy Slmcral offered hi evidence copies
of too World-Herald in which nppmrcd the
article on which the contempt proceedings
iwcro based. This was followed by other
copies of. ( lie World-Hmrld In which rcfer-
cnco was made to Judge Keysor and the nnt-
tcr concerning the facts relating to Iho
Injunction granted by tlio court.
That portion of the Hitchcock answer In
which It was admitted that he was the presi
dent of the World Publishing company end
t4i < H ho caused the publication of the ccm-
temptous articles and editorials was offered.
To tills the attorney for tno defendant ob
jected , saying that it was Immaterial. The
SbjcrtUn was sustained , the court ho'dlng that
the Ltiswcr waa a ixirt of the record and that
Iho tiling of the verified pleading was uu ad
mission of tta truthfulness.
The resolution adopted by the Fire and Po
lice Commission , November 2'J , relates to the
publication of liquor license-applications use
admitted In evidence for the purpose of showIng -
Ing conspiracy between Illtchpock and cer
tain members of the boaid. Attorney Slineral
contccvlcd that the publication of this reso
lution nnd the comments that went with It
Implied n threat that wloon men must pub
lish In the World-Herald or else they could
not secure liquor licenses for the ensuing
year.
Attorney JIall objected In a most
vigorous manner , urging that the matter of
fered by Attorney Slmercl could have no
bearing upon the case , for the rccit'on that
the article referred to , contained simply the
publication of the proceedings of a public
body and showed no conspiracy.
Judge Keysor overruled the objection , sayIng -
Ing that ho considered the matter material
nnd further that to prove conspiracy It would
bo Impoi-alblo to show all of the facts relat
ing to such conspiracy or the carrying out of
the conspiracy by one Individual act.
When court convened In the afternoon
the defense commenced the Introduction of
testimony , Attorney Hall offering In evidence
tlio ( lies nf The Omaha Kvenlng lice during
the latter part of November and the first
part of December. From ithese papers he
icadl editorials.
To the offer Attorney Slnipr.il objected ,
fltattug that testimony along this line was
Incompetent ami Irrelevant.
Judge Keysor said that ho could not sco
the relevancy of the testimony. The Heo
was not on trial and there was no evidence
that Its editor had violated tha , terms of
any Injunction ordered by the court.
DUAGS IN THi : I1KE.
Attorney iMcCulloeh , for the defendant ,
nrgucd that the purpose of the tcstlmuiy
Wii.s to show that there was an active con
test between The Heo Publishing company
and the World Publishing company to secure
the publication of liquor UcciiaoH. The Dec wns
Inducing saloon men to publish their notices
In that paper. If that was true , It was
relevant for the defendant to show1 that the
articles were written during the contest
and were for the purpose of securing the
ndvertltcir.cnts. The Heo secured an order
from tlm court enjoining the World-dlornld
from referring to the resolution adopted by
the lire and pollco commission ami after
ward published the proceedings of the court
relating to 'tho order of Injunction which
was granted , as an Inducement to secure the
publication of tlm liquor license notices.
The , attorney contended that thcro was no
contempt upon the part or Mr. Hitchcock ,
niul If there had been The lice was doing
the ramo thing of which Mr , Hitchcock was
flcciwed , The articles in The Dee , for this
reason , were material as uhawlng thin fact.
Attorney Slineral nvgucd the rule con
tended for by the attorneys for Mr. Hitch
cock would bo good In ordinary Injunctions ,
but not In tills Instance , where the Issues
were qulto dlffi'icnt , lly the publications and
the postal cards srat out the World-Heiald
eatd "We- have the board and if you want
your license you muat como and see us. " The
evidence which the defendant cecks to In
troduce has nothing to do with this case and
can apply In no manner.
"The World-Herald was trying to cocrco
the liquor dealers and that Is what wo seek
to enjoin. "
"If The Heo had secured n rcsolutlrci from
the board this contention by the attorneys
for Mr. Hitchcock would lie. "
Judge Keysor s-ild that the pollco board
had passed a resolution In which a designa
tion of a newspaper had been made , which
was In violation of n decision of the &uprcmo
court. The World-Herald look this resolu
tion , coupling with It a threat , which < n
effect rocrcej the would-be patrons of The
lli-e. The evidence waa admitted subject to
objection , after which the local articles and
the editorials relative to the license contro
versy were read ,
Clerk Welshans of h l-'l-o and Pollco
Commission was called as a wituc H and In-
Awarded
Highest Honors World's F k ,
Gold Medal , Midwinter Fair.
1 Par * Qrep Cream ol Tnrtar Fowl * ? ?
40 YEARS THE STANDARD ,
traduced tlio records of ( ho boanl rcUtlv
to the liquor llceiwe publication controvcrs
of 1S36 , ( iliowlnR the action of the boar
taken In tlio premium. In the offer , ttio nt
torneys for Mr. Hitchcock contended tlm
the offer was to show that the several edl
tlong of the World-Hcrnld constituted on
newspaper , the Dally World-Herald.
Attorney ISlmeral objected on the groun
that the record wan Immaterial ,
DOBS NOT HIND THE COURT.
JudRo Keynor held that the decision of :
pollco board , rendered two years ago , couli
not bind n pollco board of the present time
Ho further held that an adjudication of a
fact by a pollco board coulil In no way bind
the district court. It did not follow that be
cause the several editions of the World-IIer
aid constituted ono paper two years ago , the
same conditions existed today , llecauso a
certain paper had the largest circulation two
year * ORO that Is no evidence that the same
paper has the largest circulation now. Th
record was received subject to objection.
Ignatius J. Dunn was called to the wltncs
ntand and testified that ho was In Judge
Keysor's court when the Injunction ngalna
the World-Herald was Issued. After the
opinion had been rendered , Dunn paid tha
ho heard Judge Key/tor toll 13. W. Slmcral to
draw the order. Slmcrnl said , "Shall 1 Include
cludo the World-Herald ? " to which Judge
KcyBor rcptledi "I guess you may. "
On cross examination Dunn said that Sim
oral asked , "Shall I. or may I Include the
co-conspirator , the World-Herald ? "
The answer of Prank : 13. Moorcs In the
case was offered and admitted without ob
Jectlon. With the Introduction of this tn
swcr , iho defense rested Its case and the
arguments were commenced , Attorney Sim
oral opening for thp stale , remarking tha
It VMIS always an unpleasant duty to prose-
culo a party for n violation of eel ordci
of a court. Ho reviewed the testimony am
spoke lit rorno length of the action of the
Klro and Police commission In violating the
order of the supreme court by designating a
nowRpapor la which notice ? of applicants for
lltiuor licenses should bu published , the
member * acting fraudulently when they
did GO.
QUESTION OP CONSPIRACY.
In arguing , Attorney Slmcral said that ho
felt certain that ho had established ! tlio
chirgo of conspiracy between the World-
Herald and the members of the Klro am'
PcUco commlFZ'lon ' to Injure the business of
The Dee , and Intimidate the liquor dealers
thus preventing them from publishing In Tin
Dee. liy the action of the Loird , It con
spired with a. M. Hitchcock to bcncllt the
World-Herald and for no other reason.
In support of his contention Attorney Slm
cral read at length from the law booksHlio\v-
Ing the moaning of conspiracy and holding
that the decisions quoted ! were In line with
the position which ho maintained. Several
of the cases referred to wcro directly In
point. Dropping tills feature of the case , It
was nrgucd that in the case at bar , the
mcmlcie of the beard had performed otic
pirt of the conspiracy and that Mr. Hitch
cock had performed the other , the purpose
being to Injury the business of The lice and
at the eirno time cocrco the oaloonmen and
compelling them to place their advertise
ments In the World-Herald.
At the hour of adjournment last night At
torney Slmoml had only partially completed
his opening argument. This morning ho will
resume , hoping to conclude his discussion
during the forenoon.
I Prisoners ArralKHCMl.
A number of prisoners who have heretofore
been arrestej and bound over to appear In
district court wcro before Judge Baker yes
terday morning.
Stanley Day , accused of having committed
the crlmo of grand larceny , was rcleasc-J
pending good behavior.
Swan Hommane , an Incorrigible youth ,
was ordered sent to the reform school.
Peter Ourrol , charged with horse stealing ,
WES released from custody , It being shown by
Dr. Tlldca of the Insanity commission that
the defendant was not cf sound mind.
Klla Kolop , charged with grand larceny ,
entered a plea of not guilty and the case wao
continued until the next term of court.
Charles Hobblns denied having been guilty
of the commission of an assault and the case
against him went over.
Frank Hromodke , accused of having libeled
John Koslcky , was given leave to file a mo
tion to quash the Indictment returned
agalnet him.
London Hunkers Win.
The fiuprcmo ccr.rt yesterday handed
down an opinion In the case of Drown , Jansen -
son & Co. , the London bankers , against
Phoebe llobecca Elizabeth Khvlnn Llnton
and Adolphus Frederick Llnton , reversing the
decree rendered by Judge Ferguson about
thrio years ago. Tills suit Involves a mort
gage o'f 10,000 on a 'tract ' of lltty acres on
Center street , Just west of Hanscom park.
The mortgage Is sustained by the supreme
court , and 'Drown ' , Jnnson & Co. will get a
Jccreo for 10,000. with Interest from Octo-
u r 21 , 1SSO , amounting now to about $70-
000.
Suit on it CVoto.
Last evening the Carpenter Paper company
began an action In the district court against
the Western Envelope company , suing on a
note of the face value of $3,700 , secured 'by '
a chattel mortgage. A writ of replevin was
sued out and served by Sheilff McDonald
during t'ho ' night. The writ covers the entire -
tire plant , and stock of the envelope com
pany.
Unlot Your XorvpH.
Anheuscr-llusch'fl 'Mall-Nntrlno ' will quickly
cfllm them ami give you new lu-iltU and
strength. To bo ihad at all druggists.
I JIAYDI3.V IIKOS. |
Annual I'aittN .Suit- . '
Thursday morning we commence the
greatest pants Kilo In tha history of Omaha.
All the ODD SUIT PANTS , the accumula
tion of a i entire season , go ono sale.
MO fairs pants that cold for $2.00 and
JZ.fiO. on Exile at $1.25 and Sl.HO.
1,000 pairs nil wool J3.00 pants on ? ale at
$1.75.
1,000 pairs of $3.CO and $4,00 pants on sale
at $1.95.
In the $1.75 end $1.95 line we have all
clzcs.
Sco show window on. Sixteenth street.
HAYDBN 1W03.
AlllinSTKDIVITII .Yl'OI.U.V IMtOI'IJHTV
J. AVIioatim mid Will \rlnoii Taken
lit Council llluir * . /
J. Wheaton and Will NcUon were arrested
yesterday for grand larceny and the stolen
property , worth In all ? 150 , was found on
their persons. The robbery was committed
at the residence of W. H. Seward , 1003 Soui'.i
Eleventh street , and the loss Included n
womaii'ri gold watch with a long neck
chain , a heavier watch and a chinchilla over
coat.
coat.Tho
The matter was reported to the pollco about
a week ago , and a descrt'tlon given of a
man suspected or the theft. The latter was
Will Nelson , who had roomed at the house
of Mr. Soward' and whoso departure had
coincided with that of the property. Nelson
had a key to tlm house which gave him an un
usual opportunity to work ilffcibserved ,
Uibt night the pollco of Council Dluffa
took Nelson In custojy as a stif < ilclous charac
ter , and ho was found to have meet of the
stolen goods In Ills ixjsacsslwi. In his com
rony was J. Wheaton , who was carrying tils
sliaro of. the watches. Detectives Savage and
Dempsey brought the prisoners to this city ,
whcro they were charged with grand lar
ceny. All of ( ho missing prciierty was re
covered and tallle. } with the description given
by Mr. Soward. ThB men have not as yet
been Inspected by the owner of the goods.
Mrs. Mary Hlrd. Ilarrlaburg , Pa. , says.
"My child la worth millions to mo ; yet I
would have lost her by croup had I not In
vested twenty-live cents in a bottle of On *
Minute Cough Curo. " It cures coughs , cold *
and all throat and lung troubles ,
JlarrlnKu I.luoiiiiei.
The following marriage licenses were Is
sued yesterday by ( ha county judge :
Name ami Address. Age.
Warren I ) . Goodman , Mjrlow , I. T 47
Mrs , Kinma. Robbing , Omaha 37
Frank I * . HlrJ , Omaha 1'3
Laura A. Mallory , Pierce , Neb ro
IJmll Lundren , South Omaha " 3
Cclla Thompson , Omaha , -5
Hobert 13. AnUey , 6arpy county 33
Lena Slauffer , Dellovur , Neb . , , , . .32
A Cough , Cold or Sore Throat should not
be neglected , Drowc's IlroacbUl Troche *
are simple remedy , sad give prompt relluf.
25 cenU box. ,
* "
J
h t
BOARD CLOSES ITS CAREER
County Ooinraissionora Wind Up the Busi
ness for 1897 ,
ANOTHER YEAR FOR THE COUNTY BIGINS
IlitlrliiKClinlriunn StcnlirrK Oetn u
Haiidnnnic SiirtirlNC Hoiittne Work
< > r ( lie Me Mlonl.litior I'ro-
| , i tcntn Referred.
The old Board of County Commissioners
held three sessions yesterday. The first was
held at 10 o'clock In the morning , the second
at 2 o'clock In the afternoon and the third at
8 o'clock last night. At the last sen-
slon the minutes of the morning session were
approved and signed , after which an ad
journment without a date was ordered. The
now board will begin business on January
11 , and from now until that date the county
will bo without an organized boanl of
county commissioners.
At the session In the morning Commissioner
Klcrstcaa gave the retiring chairman , E. iM.
Steaberg , a very pleasant surprise. After
the minutes of the previous meeting had been
read Commissioner Klcrstoad asked that the
rules of the board be suspended and that the
Introduction of resolutions bo takc/i up.
This required the unanimous consent of the
members , and upon It .being granted Com
missioner Klcrstoad atoppeJ tn the front ut
the chairman's desk and presented him with
a neatly engrossed sot of resolutions , detail
ing the appreciation that the members felt
for 4ho chairman. The resolutions were the
work of Jacob Hand ; of the county sur
veyor's olllce , They bore In addition to the
written port a perfect pen drawing of Chair
man Stcnberg. The resolutions were set In
a heavy gilt fiamc.
After the presentation speech , Chairmen
Stenberg responded with n few remarks ,
Kilting that In his ruling and treatment of
the members of the board ho had alwcys
tried to act. Impartially and honestly. Ho
commended the members for the courtesy
shown him and assured them that he would
always remember them with feelings oC'tho
deepest friendship.
A liquor license was granted to Hcary
Kuser to operate a saloon at Ituser's park.
Citizens of Clontarf precinct protested agalut
the Granting of a license to sell liquor In
that part of the county. Protests were filed
ipilnst grantlag licenses to Voll Stacker ,
Henry Seldler and Fritz Kock , It being
charged' that they published their notices In
.ho World-Herald , a paper that does not
mvo the largest circulation In Douglas
county. The matter was referred to the In
coming board.
A petition was Illed , .inking that Dr. Cuitls
be appointed assistant county physician for
South Orcaha. Another petition was filed
asking that S. W. Johnson bo appointed a
constable. Doth applications and the accoin-
lanylng petitions were referred to * the new
joard.
Superintendent Wright of the poor farm
filed his annual report , showing the condition
of the Institution and the disposition of the
stock and produce raised on the form during
ho last year. His report showed 130 Inmates
at the Institution.
Official bonds of a number of assessors ,
UBtices and constables were presented and
ipproved.
13. Wnhlstrom asked to be appointed a Jan-
tor at the court house. As this was not a
natter coming within the province of the
old board , It was referred.
Chairman Stenberg reported on his trip to
jlncoln , where he went for the purpqse of
ireeentlng the poor farm funding bonds and
ho exposition bonds to the state auditor for
registration. Ho said that the auditor re
used to register the bonds and that Immedi
ately thereafter mandamus proceedings were
instituted in the supreme court to test the
cgallty of the respective -Issues.
COtXTV OKK1CIAI.STUIIST OVEK.
I'ruiisfer of Olllccn Quietly ClTeeteil
Init Kv on I UK.
'Alt C o'clock last night the county officials
vho Iiavo held ofilco during the last two
ears stepped down and out and were at
once succeeded by the men who last fall
vcro elected to the places. The bsoks , pa-
psrs and other documents of the ofllces were
chcsskca over and receipted for by the in-
oamug ! oflUJals , a er which , those men whole
lo not ( succeed themselves left the court
house , private -citizens.
In the olllco of the county treasurer the
commissioners checked the county books and
cash ami after finding th' t the funds bal
anced ex-County Treasurer George Holmrod
iresented a receipt , which George Hclmrod ,
ounty treasurer-elect , signed , and the fxns-
er was complete. Having succeeded ( himself
iho troiHfer of the ofllco was a mere matter
f form , 'though ' the commissioners were , Just
a particular as < though they had been deal-
ng with a. man who had never spent a day
n the ofllce.
In the olllco of the county Judge ex-
County Judge Baxter shock hands with
udgo Baxter and that was all there was
o the transfer , aside from the fact that
lie commissioners compelled Judge Dexter * o
ecelpt to hlmaolf for the property of the
fllce. The same rules prevailed in the of-
cc of the sheriff , where Sheriff McDonald
ucccedeil himself.
Down In the Iwsement , where the ofllco
of county clerk Is located , there was a real
hangc , I ) . M. Haverly succeeding M. II.
leiiaeld. There ithe office force was busy
hecklng up and completing the transfer ,
lojflcld had a list of everything In the
Illce. Including warrants , books , blanks and
uppllc.s. Haverly looked these things over
ml compared them with the list and the
hangp .was . made.
In the oflleo of register of deeds Tom
Crocker was promptly on hand to succeed
oter. 13. Klsasser and ( after going over the
> ooks and recorJs receipted for them and
iiusibecame duly and legally Installed.
There wcro no changes In the ofllces of
ho county surveyor and superintendent ,
> oth Surveyor McDrldo nnd Superintendent
Jodw'cll having euccceded themselves.
At 'the evening session the settlement was
wdn 'with ' County Treasurer Helmrod. The
mount of cash on hand was counted aiul
ho amount represented by certificates of do-
call In approved depository banks. ThU
via found to correspond with the 'baoks ' in
o ofllco of the treasurer and everything
> olng satisfactory the bond of Treasurer
lolmrod was approved. The bond of Sheriff
IcDonald 'was ' also .approved.
Then the minutes of the day's buslvss
ere road , approved and the Hoard cf
ounty Commissioners of 1S97 adjourned sine
le.
r AIIH'II.
ecommends the use of the greatest of all
tonics. "Malt-Nutrlne , " and guarantees the
media claimed for It. For sale by alt drug-
gluts.
THIS JlKAIiTV .M.VHKI3T.
INSTRUMENTS placed on record Wednes
day , January 0 , IK'S :
WAHHANTV DEEDS. t
Geargla Shepard ami wife to C. W.
Him > , lot 13 , block 11 , Kountze pine ; $
Emma Hudowsky to Julius Hndowsky ,
lot S , block ! > , Myers' 41. & T.'s nd. . . 300
O. L. Henderson nnd wife to G. A.
Mnirnry , lot 3 , Steven's subdlv 2,500
W. 8. Jardlno and wife to Edward
Itced ct nl , lota 1 nnd 2 , block ISO ,
Omaha C
South Omaha Investment company to
Fred Kusner ct al , lot 19 , block 1 ,
Holmes' ad 400
A. A. Gary to Aaron llenc. lot 2 , Gary
& Co.'s subdlv 1
Edward Heed ct al to W. S. Jurdlne ,
lots 1 and 2 , block 199 , Omalm E
QUIT CLAlAf DEEDS.
L. J. Drake , trustee , ami wife to Emit
tiillK ct ul , lota 12 , 13. 14 nnd 15 ,
block 9 : lots IS and 16 , block 1C ,
Shuirs d ail 1
DUBD9.
M. D. Elliott et al to Board of Church
Extension of the General Synod of
Evangelical Lutheran church , lots C
and 7 , block 9. Sliull's 2d nil 2
Doard of Church Extension of the
General Synod of Evangelical Lu
theran church , to Qracj Evangelical
Lutheran church , skme. . . . , , . . . 1
Blierirr to A. H , QrliUn , lot 9 , Morri
son's ad , , . 1275
TO THR Tin iron.
Conecrnlnnr UiRrWnter Qnmtlnn.
OMAHA , Jan. 4.-iTo the Editor of The
Dee : Under the head of "A Questionable
Proceeding , " you criticise In your Issue of
The Dee for Friday * evening the resolution
offered , by mo and adopted at the meeting
held In the council chamber Thursday night
requesting the city council to direct the city
attorney to take an appeal from the decision
of Judge Munger against the city In the case
pending In his court. In which the- city was
plaintiff and the water works company de
fendant.
You say that the proposition to appeal Is
not In the Interest of the city , but In the
Interest of the stock Jobbers who wrecked
the water company. I cannot sec how this
can bo entirely correct. There may bo Issues
In the present case whoso favorable dctcrml.
Ditlon may bo In the Interest of Mr.
Vcnner and his associates , but the main Is
sues presented could bo of mo possible benefit
to them , and nearly the entire 217 pages of
the printed brief filed by the attorneys for
the city are taken up with the evidence showIng -
Ing the notorious failure of the water com
pany to perform and maintain Its contract
with the city. Judge Munger may be sus
tained In his decision BO far as the oppos'ng
stockholders' Interests are concerned , If there
bo any , anil yet bo rcverccd In the matter of
the city's right to a declaration of forfeiture.
Hut your main objection seems to be that
in aay event It would bo a futile endeavor
and useless expenditure of money , because ,
even In case the decision should be reversed
In the court of appeals , the final decision by
the United States supreme court could not
be reached bcforo this city by Its existing
contract would bo able to acquire the works
by purchase. In this you are correct pro
vided no e-xtenslon of the city's option Is
granted but this is the very question In
controversy. An ordinance to this effect has
already been Introduced Into the council and
has now been advertised for the time re
quired by law and Ls ready for early passage.
If not adopted at this time , we have ao as
surance but what it will be pressed again for
adoption at another time , when the public
attention may inot be so directly attracted
as It hns now been. It seems entirely clear
tlint this or some similar suit may not only
bo the carllcijt , but possibly the only method
by which the city will be able to obtain pos-
BCEfllcn of the water works as originally con
templated.
The small sum of money required to perfect
an appeal would be well expended , c\cn If
the case never came to a trial , or It the
chances of a favorable decision were against
tno city , it is my opinion and tlio iiciicf of
others that legal action will of Itself brim ;
matters to a settlement In accordance will
the water contract long before the suit
could be dually decided.
The suggestion offered by Mr. Andrew
Ilosewater at the meeting that an earlier
conclusion could be reached by a now suit
brought In our state courts , must have been
made without duo consideration or reflection.
The present water company Is understood
to bo a forclgn'corporatlon , xuid , therefore , it
would have the I Ight to remove any such
case to the United States court and theieby
all the delay which you apply to the present
case would be experienced , to which should
bs added the time required to advance It to
the position of the present case , which biTs"
already gone through the lower courts.
"eternal vigilance Is the price of liberty , "
and It certainly seems that constant and un-
i emitting vigilance with "a fight all along
the lino" may bo the price demanded foi >
the realization by the city of Omaha
of the gieat privilege of owning and operat
ing Its own water works.
It is true aa stated by you that in com
pany with jiiiny other taxpayers and citi
zens I have heretofore been inclined to op
pose any suit for forfeiture , notwithstanding
the notorious delinquency of the water
company ; being willing.that the' company
should remain In Tindkturbed possession
until the maturity of the city's purchase
option In 1300 , but the'repeated efforts made
to deprive the city of "this " option would cer
tainly Justify both wise men-and fools in
changing their opinions upon the subject.
Your reference to "what wo may expect
from the water company amUblllty in treat
ment In case we do asl they desire and pun
ishment if wo refuse is hardly worthy of
consideration. Such treatment could only
nffect the personal interests of n few per
sona In any event , and the interesto of a
present great and future greater population
should not bo made to suffer for these.
Hut I do not believe many of the present
patrons of the water company will have
much apprehension on this account. The
company hao not been doing business here
tofore upon sentiment nnd will hardly do
differently In the future.
In ono Important respect I was not re
ported correctly in the synopsis published In
The Bee of my remarks , at the citizens'
meeting , and I take this opportunity of
making correction. I did not state It as a
fact , but said that it was charged that the
water worlcs company proposed to bond and
ctock the corporation in an aggregate sum
of $11,600.000 and would endeavor to ob
tain an Income upon that sum. Lint I said
that , conceding the charge was erroneous
ami 'that ' the entire bonds to bo Issued
should not exceed $6,000,000 , the Interest
at 6 per cent upon this sum would be $363-
000 per annum. That It was my opinion and
belief , judging from the low Interest rate
obtained by other cities ( some of which I
named , giving the respective rates , running
from less than 3 per cent to 30i per cent ) ,
that the city of Omaha could borrow for this
purpose at a rate not exceeding 1 per cent.
That it was believed by many
that the appraised valuation of the
plant would not reach $3,000.000 , but
estimating that It might be $4,000,000 , the In
terest upon the sum at 4 per cent would only
bo $100,000 , against $300,000 for the water
company , showing In interest alone a differ
ence of $200,000 per annum In favor of the
city , which capitalized would bo 4 per cent
Interest on $5,000,000. If tto proposition
now presented wcro accompanied with an
offer to pay a bonus of $1,000,000 I would
still regard It as an undesirable one for the
city.
I do not wish to be understood as claiming
that the water works company would gain
all the city would lose by granting the ex-
tciislon asked for. Municipalities can bor
row money at much lower rates than any
private corporation , nnd the Interest charge
figures largely In the estimate of prollt or-
loss.
loss.Those
Those persons who reconcile themselves to
the proposed extension by asserting that it |
Is foreo brief a period that It cannot he very |
valuable or occasion much loss to the city
fall to realize fully the present remarkable
era for debt funding and debt making. Never
bcforo in the history of this country has
money ucSn ao cheap as now. Rvery cor
poration In the land Is taking advantage of
the situation. It was stated in the papers
only a few days ago that a number of leadIng -
Ing railroad companies have already arranged
for a readjustment of their bonded debt upon
a greatly reduced Interest rate , to the extent
of $300,000,000. It Is unfortunate that Omaha
la not In a position to take advantage of this
situation right now , but It U reasonable to
believe that no great change will occur be-
- - ' ' - ' ' ' "
; * <
Budin ton
The
Shortest
Line
the fastest time , the best service
Oumlia to Lincoln ,
Omaha to St. Joseph ,
Omaha to Kansas City ,
Oranhn to Denver.
Tlr-Lpf nffirp . . , { 1502 FIRNAM Br. ,
I1UKCI Ullll.1. , OMAHA.
Jt B , REYNOLDS. Paten Aar.
fore 1900 ; Ifl03 would ndd much to Iho un
certainty and In 190S the cliy m y bo entirely
nnnblo to rc.illzo by borrowing the money
required for the purchaoo.
I roRard tlio sltuntlon as critical , because
six men now perhaps have the power to do-
prho Iho city of this valuable privilege.
Some years ago , \\hcn the same proposition
was breached , accompanied , I think , with a
largo consideration certainly more than the
pitiful ono now offered you , person
ally , and The Hco as a newspaper
took such a rcsoluto stand against It , that
the scheme died aborning and It was not re
quired that a public meeting bo held to de
nounce It.
If the proposed extension was then objec
tionable when many years Intervened before
1900 the money rate excessive when com
pared with present rates nnd the city's
credit not sufficiently established to make It
by any means certain that the money re
quired , to purchase could bo obtained at nil ,
ton-fold more objectionable would It
seem to bo nt this time , when
thcro Is only ono Intervening year
before the option matures , and the
almost absolute certainty exists that tlie
city's securities Issued for the purchase of
the property will be accepted In the finan
cial world on a par with those of any other
city of Its class. Such a consummation by
tlio payment of no greater water rates than
are now paid and the establishment of n
proper sinking fit'idlll , In a reasonable
period of tlmo. Insure to the city tlio owner
ship of Its water works without ono dollar
of debt against them.HENRY
HENRY W. YATns.
VrotpNt from 1'reNlileiil Hell.
OMAHA , Jan. 4. To the Editor of
The Hee : In yesterday's edition of Tlio Heo
: huro aujcared an article under the coptlon
"Standing In Their Own Light , " that Is far
fetched and unjust to thc o at whom It h
aimed. The writer Is ono of the "agitators"
referred to , naid whether possessed with In-
: elllRcnce , or Imbued with lionost purpose ,
ircfcis at all times to leave that portion of
he tontiovorsy to the judgment of these
'or whom ho has the honor to act. Person
ally , I have no desire , and , officially , no
right to enter Into n newspaper controversy
with respect to the disposition of the money
derived from the eale of the bonds voted for
c > i > & 8ltlc.n . put poses , but as a member of the
Central Labor Union and Hiilldlng Trades
council , and also In close touch with the
Allied 1'rkitliig Trades council , I am In ( jo-
sltlon to positively nvcr that no protests or
contention ol aaiy kind has been lalsrd with
respect to the county commlsalouets' duty
in the premises , and certainly If such con
tention had been made the bodies above
named would have made tlio Issue.
Let me add in conclusion the advisability
of the executive committee of the Transmls-
slsslppl and International Exposition usliis
proper diligence to prevent Imposition and
to seo. to It that communications or commit
tees pniijorting to como from organized labor
bo properly accredited. AVM. 11. DKLL.
President C. L. U.
Vt'o often hear people say there Is only ono
good cough medicine nnd that Is IJr. UuH'e
Cough Syrup , the specific for cold.
JIAVDK.V 1IHOS.
Special Sale nil Pure Foods and 1'ro-
vIxloiiN ,
nUTTEH , MEATS AND LA HI ) .
Fancy roll butter , 12' c , 14c and ICc ;
fancy separator creamery , 19c.
Don't miss it ; we are scllng the best but *
ter in Onnlia for the least money.
Sugnr cnroil hams , 7 > ic ; salt pork , 3 4c ;
California hams , C'-ie ; line bacon , 7c ; 3-pound
cans best lard , 17' c ; C-potind cans best
lard , 2Se.
2Se.PUItE
PUItE FOOD DEPARTMENT.
Moro bargains. Just read this list and
sec if you can't save money. 10 bars Cud-
aliy's diamond C soap ( ono day ) , S
bars for 25c ; Ivory soap , 8ic ; wash
ing powders , 3VSc ; evaporated cream ,
per can , 7c ; best Jelly , per
pall , only ITMic ; tapioca , sago , butter beans ,
etc. , 4c per pound ; conned lima beans , peas ,
etc. , can , 5c ; string beans , corn , etc. , can ,
Gc ; . tomato , 3-pound can , 7' c ; oil sardines
( ono day only ) , 34e } ; baked beans In tomato
sauce , Sc.
' IIAYDCN 'BROS. '
CHICAGO I.miTUD TIIAI.V.
I-'lve Forty-Five I * . 31.
Via tbo
Chicago , Milwaukee & St. Paul Ry.
' i Electric Lighted ,
, i Steam Heated ,
' I Solid Vcstlbulcd " '
DlnliiR Car.
City ticket ofHce 1501 Farnam street.
GEORGE II. I1AYNES. City Pcssenger Agent.
V. A. NASH. Gcaeral Western Agent.
L 11 Ion I'acinc.
"The Overland Limited. "
The most SUPERBLY EQUIPPED
[ rain west of the Missouri river.
Twelve hours quicker tban any other train
to tlio Paclfln coast.
Call at Ticket Office. 1302 Farnam St.
Holiday ItuteN.
The Chicago , 'MilwaukeeSt. . Paul Ry. will
sell tickets for the holidays at greatly re
duced rates. City ticket onicc , 1501 Faruam
street.
GEORGE Jl. IfAYNKS , City Passenger Agt.
F. A. NASH , General Western Agent.
I'crxonnlly Coiiiluru-il rjicumloiui to
California.
VIA UNION PACIFIC.
Leave Omaha every Friday , 3:30 : p. m. , reach-
lug San Francisco Monday , 9:45 : a. m. Cor
respondingly fast tlmo to Southern Callfor-
ila. Twelve hours quicker than any other
Personally Conducted Excursion nouto from
Missouri river.
City Ticket Office. 1202 Farnam Street.
Silent COHIIION L'liih.
On Frk'ny evening , December 31 , the
members of the Silent Cosmos club availed
themselves of the kind invitation to hold
their meeting1 nt "Chcrryrote , " thu borne of
C. H. Comp , 4600 Iloulcvnrd avenue. Most
of the members were on hand and while
the usual literary prognim was carried out
tno meeting was of more of n bocl.il nature
than anything else for the very obvious
icnson that It wan the last night of the old
year. First on the program wa * ShnVic-
epeare's "The Tempest , " given by .Mrs" .
Pomp. Next ramo a Bhort tulle on "Tho
Civil Servlco Commission" by Mr. Comp.
Then Miss Stell.i 1C. Forbes rendered "The
Dying Year. " The odor of popcorn wafting
from the kitchen was n hint for adjourn
ment. Having fed the mlml the members
mere ready to adjourn. New Year came In
nnd found n very merry crowd ! to welcome
her Tno club hns decided to meet nt "Cherry-
rote" the. rest of the winter , ns It will be
more convenient for the members to attend ,
as most of them resldo In that vicinity. The.
next meeting occurs on Friday , January 14 ,
I'llex Itehlntr , Illlnil and
Cnroil. In three to six night * . Dr. Ag-
nuw's Ointment Is peerless In eurlntUna
application gives Instant relief. It cures all
Itching "ml Irritating skin diseases. Chaf
ing , Kczemn. etc. 35 rents. 51. Kuhn &
Co. , 15th and Douglas ; Sherman & McConnell -
nell Drug Co. , 151U Dodge.
THEY
WILL
GO
QUICK
$5 .00 Cloaks for . $2. 50
$6 and $7.50 Cloaks at. $3.75
$10.00 Cloaks at . $5.00
$20.00 Cloaks at . $10.00.
$40.00 Cloaks a . . . . . $20.00
These are nil iMs Js'ji ij's best piyjcs ,
'
Many of thcijiTmvy boyu lu our ho'uso
less than hvetity days but 111 tjij' ' ? ? ! ?
lrttf Is reserved Every garaciit
! * fiolil.
fiolil.SCOFIELD
aoniasuiTco ,
| 1510 DOUGLAS
Uec. 1-5-SS/
T/faybe
What do J/OH Ttnotv about white shirts ? Any *
thini/f The more { /on knotv the more j/oir wilt
appreciate The A'cbrasha when j/on c.mimno
the men's t'nlanndcred Shirts wepnt on sato
at , 'tti cents eaeJi.'o mat/ false
nhlrfn to anij dealer , ( tntj nhli't tnaJtct * , * { /
hotiNcn'tfe or tinybotlij who knotrs anythinf/at
all nbont M/i/i'/H finrf if thctlo { not jii-onottnco [
them nutt'i-cloti * ralne , then jnit The XcbriiNfstt
flown for a falNijli'p. Ifcre'n it'hat innffctt them
nuii'i-clotift : First , three anil n naif tjarfltt of
New Yorlt Milln Hiinlinfor the Iioili/ . Second , halfairdof
1SOO linen for the bosom and Itanda. Thirdctitfin/Nf if chiny ,
ofloddixl } Jtnialiinf/ oattonhofcH. Fourth , a profit
formatter. Fifth.profit for UN. Ash any woman ir/io ever
made a ahirt or crer boti/ht the materials tojlt/tirc tip and sea
what tJiepads alone a mount to. Asff Jicr to add ten ecnfit
for the mal.infthat's miserably little ) and then . / her to
Jlanre oat where theprojit eomcs in at Mi * eenta. Maybe n7to
can.
"IF AT FIRST YOU DON'T SUCCEED , " .
TRY i
SOME SYRINGES
The above will suggest some of the styles
of syringes we have In stock we have hun
dreds more In glass , metal and rubber.
Write for catalogue.
.Middle of Block. 1513 Dodge St. . Omaha. Neb.
D
Time to Begin.
The Tiresent Mason of cold Is sure
to llx more deeply all existing Uis- Ii
cases of the
I Iin
Mucous Membrane n
In cases of Catarrh , Tlroncliltls ,
I Throat Trouble AMhmn and CoiiRhs n
Consultation nt the Shepnid .Med
I ical Institute Is free. It In high tlmo n
that sufferers fortify themselves D
against winter by taking treatment
Now. n
SHEPAKD MEDICAL INSTITUTE
311-312-313 N. Y. Llfo BUlff. Tel. 1133
NEW
COLLAR
i C DO YOU KHOW
DR. FELIX LE SRUH'S
Steel § Pennyroyal Treatment
_ / * xjket. I'rico. Si.OOi eont by noil.
r Oennino Hold only by
Myers-Dillon Druar Cc. B. E. Cor 16th and Far-
naci Stieeti. Omabu. Neb.
2 nights to California.
1 night to Utah.
via the
UNION PACIFIC ,
12 hours quicker than any ,
oilier Hue from Missouri lUver. For
tickets , time tables , or any Information.
cull at . x < \
. ' -i City Ticket Office , ' .
I'MFa run in St.
o-o-ooo-o-o-oo-o-o-o-
rt Give Your
A New Year's surprise by hav
ing1 them put iu proper form for
mastication.
TAKES LITTLE
MONEY
to enjoy thcBO comforts. Gold
1 and silver llllings u specialty.
Painless Extraction t,1c !
Light Rubber Plntcs 55.00
New York Dental Go , ,
Hit. CLKMMr.U , MBI- ,
ICIli and DoiiBlns Sts. Over Cart-
wrlght'H Shoo Store.
Sundays , 0 to 1 i > . m. Lady attend-
dant.
) - < HX > OCH > - OOOO6
CORE YBURSEl ? !
Vtt Big O for unnaturU
rflich r fi , InOammutloDi , '
Irrttatlcni or ulccrtllont
of uiucgui mciobrtnti.
Iaaltii ! , > nq not uttlu.
* * > d br
? t In plain wrt
eiprsii , prtpald , foe
.00. or I t lllit. $2.1 * .
ul
The Guarantee's ' Greater
Pants Offer ,
IM Hull rrplc-llvo time. The ndiioHpIicrcnlll nliordy
nil Hiirtx of marvelous ] IIUI < H Hiilrs. Tlirro u III In * tin * ( iranil , ( liu
\Vuiiilrrfiil , AnlonUliliitr , Hie L'niircfcilciitril , MlruiMilniiM , tlio
Si * n NII 1 1 mini Snlox.
You nlll lie nnkril to lit-llcvf (1ml li.OO : i > nni linvclnin rotluucil
( o l.r.7 , nnit 91,25 ( o .fLOS iiri-suinulily , IIOI-IIIINI ; ulirrc there IH a
In rue ( Inmiiiil , KtioiU dciiroclnlc In value- .
The fin a ran tee l no wnc'li utoro. It iiprforniM no Tvomlfrx , It t-rr-
ntcM no kviiNiitlon In lining Imiliici * . It nil -rllHc truthfulanil !
liarkM UK htati'ini'iitN itllli ninney liuclf. I ,
'U'o nrc onVrliicr a itiii-ulal value in iinnln Jimt IKMV not iiantH
from xiillH , lint iianlxi eut iinil iiiailu liy jMinU inal.TrM. l'aa ( HIINIIM | | |
ami trlniiiicil cart-fully anil not jiaulN merely to in a litmi a mill. Miulu
to our order anil nc'corillna lo our liloax of a jierfec-l iuaili > garment.
riiilnlit-il ulth curved topn ( no milKlhiinilN ) nlinieil anil eurveil H-K > ,
uii > tO'dnte In ht > lc. (100 pair * of thrin , cmhraeliiK1 xt-vcral klmlx of
cloth anil a iluzeu of iiatleriiN Hlrliieil iiioltleil chcckeil plain
_ I > laliN. ColorM lirutrii rny Mni'lc nnil upvcriil Ko-liutivecn color * .
All T > eel _ every iiurt and parllele. TnUe your choice nt I , ,
ONE A PAIR
If mine ( tare dl * 9:1.50 : 1'nnln for I52.no anil c'lioour * to call It
n If rent mile , then' ' tlieiu $1.00 1'antH aru tll Kreater. No. lf-"O
1'nnlB nnyuacrc to ucnt Ibciu , We tire aiixiou * to prove it. | |