THE OMAHA DAILY BEE : FRIDAY , APHIL 8 , 1808.
LITTLE IN If FOR FUSION
"Lincoln's Election Gives Very Slight if Any
' Satisfaction , '
REPUBLICANS GAIN A MORAL VICTORV
Fncllon OvcrrvJirlmeil by the
Decent Element of the 1'nrljr
nt the City Klcctlou
on. TucMlny.
LINCOLN , April " . ( Special. ) The fusion-
fats of Lincoln derive very little satisfac
tion from the recent city election. Owing
to the complications In municipal affairs and
the bad reputation of the present administra
tion the populists expected to sweep the
city. The republican city ticket wai nomi
nated by the clement of republicans who do-
itred to see a better order of thlngi , and
caused many of the latter to openly support
the fusion ticket. But In spite of this
peculiar condition the republican city ticket
was elected by majorities ranging all the
way from COO to 900 votes. Nor docs the
election of three councllmec by the fusion
Ists afford much comfort to that clement.
The nominations for the council were made
by the wards , each being entitled to one
member , and In the election the councllmen
were voted for only by their home wards. In
the First and Seventh wards the republicans
were unfortunate In the selection of men
and their defeat was a foregone conclusion.
In tlie Second a good man was nominated , but
wan defeated on account of a local factional
fight and the direct opposition of Graham's
frlenJe. It Is acknowledged by popocrats
and republicans alike that the selection ol
A Rood ticket by the republicans this sprlog
will result In an Increased majority In the
etato election this fall , as the campaign
thunder ot the popocrats Is now all ex
hausted.
Owing to the absence of Miss Barr , the
director of the girls' gymnasium work al
the university , the annual exhibition will
not be given , but In He place there will be
an iodoor athletic contest for the girls on
the evening of April 30. Mlsa Spurck his
entlto charge of the details , and Is giving
the girls hard practice every day. The
events aa planned are as follows. The first
P ! rt will bo an Indoor pentathlon for second ,
year glrlfl , to corslst of running broad Jump ,
s running high jump from spring bnarJ , hurdle
race , horizontal bar vault and potato race.
JvTho second part will bo five Innlngo of an
"exhibition game of Indoor base ball between
the two athletic teams. The third part Is
athletic gymnastics for first-year girls , con
sisting of ring jump , rope climbing and
spoon race.
The civics department of the Woman's
club held Its last meeting for the year yes
terday afternoon. "Tho Diplomatic Relations
of the United Stateo with Other Nations"
Vivas the subject discussed. Spain received
Its full share of attention , and 1'realdcnt Mc-
Klnlcy was commended for the tact displayed
In his treatment of the present difficulty.
The work of pulling down the walls of the
buildings destroyed by the fire of last Friday
night Is progressing rapidly. Tbe Hlcharda
block will be replaced by a building much
finer and moro substantial than the old one ,
and will bo five stories In height. The Davis
building will also bo rebuilt at once.
The following notarial commissions have
Just been Issued : Alpbonso Moore , Broken
Bow ; James H. Uothwell , Trumbull ; John
BoaUman , Sterling ; John Pnrkcr , Upland ;
F. E. Martin , Falls City ; James Nichols ,
Madison ; Henry Mitchell , Grand Island ; J.
D. King , Wayne ; F. M. Gallant , Hebron ;
toaac B. Andrews , Omaba.
The Stockham Implement company of the
town of Stockham , Neb. , filed articles of
Incorporation today , with a capital stock ot
(10,000. The IncorpoMtors ore : Andrew
GroFBlMiis , Christian Gro shaus , jr. , and John
F. Grosshaus.
The Lincoln Gun club will hold lie regular
weekly shoot at the West Lincoln grounds
tomorrow afternoon.
Thrco Mormon evangelists have been In
the city several days trying to get converts
to go to a colony In Mexico. Some of tbo
"regular" church pecplo of the city are very
Indignant about the missionary work of the
Latter Day Saints and are seeking means
to put a etop to It.
The new councllmen elected are all anti-
Graham men. and the council , when organ
ized , will be eleven to thrco against the
mayor In the municipal row. It Is rumored
that new articles ot Impeachment will be
drawn up and that tbe mayor will be ousted
before the end of his term. The two new
members of the excise board are also an
tagonistic to Graham , and will appoint anew
now chief of police. Anticipating this , the
present chief , Parker , tag given notice that
too will resign.
Omaha people et the hotels : At the Lin-
dell W. n. Berrymaa. D. B. Welpton. H.
N. Woods , Mies Fay Hitchcock. Mlsa Hazel
Hitchcock. At the Lincoln J. F. Magee ,
E. H.-Shaufler , W. J. Davis , George Tildcn ,
B. E. B. Kennedy , H. E. Maxwell , S. Flem
ing. Dr. B. F. Crummer , Otto Slcmsscn , E. E.
Brands , N. B. Crump , M. F. King , J. M.
Baldrlge.
NCIIUASICA MDMCII'Al , ELECTION'S.
Qneitlon of I.lcetmr or No Licence
Fliinrei Prominently.
AnAPAHOE , Neb. , April 7. ( Special. )
The election was fought solely on the license
Issue , the license candidate carrying the
election by a majority ot thirty , The trustees
elected are : Thomas Bloodorth , Joseph
Einstein , W. E. Hclmann , E. V. Mcoiw and
G. C. Schwarz.
AUCADIA , Neb. . April 7. ( Special. ) Ar
cadia went antl-llcenso by a vote of 58 to
45. Tbo entire temperance ticket was
elected.
BENKELMAN , Neb. , April 7. ( Special. )
The municipal election passed off quietly
hero and resulted In a victory for the li
cense ticket. The councllmen elected were
J. T. Delaware , C. U. Walker , Joseph Robl-
doux , Henry Brandncr and Oscar Calllhan.
BERLIN , Neb. , April 7. ( Special. ) At the
village election the following Board of Trus <
tecs was elected : S. H. Buck , F. L. Hillman -
man , Fred Shrader , Christ Roettger and
Clans Knabe.
BROKEN BOW. Neb. , April 7. ( Special. ]
The city election passed off quietly. Thi
principal fight was over the mayor. Th <
present Incumbent , Dr. J. H. Graham , was
the republican nominee and J. S. Squires , s
populist , was the nominee on the citizens
ticket. The total vote cast \\as 303 , of which
Graham ( rep. ) got 163 to Squirts' ( pop. ) 132 ,
The candidates for city treaaurer , H. G
Ilogers and W. D. Blackwcll , were a tie. A
tlo vote also resulted * In , the Third ward foi
councilman for A. R. Humphrey and L. E
Klrkpatrlck. The other candidates elected
were V. C. Tulbot ( rep. ) , clerk ; a. W ,
Frey ( rep. ) , pollco judge ; E. F. Close ( rep. )
civil engineer ; W. J. Woods ( rep. ) , council
man Flri't ward ; Ed McComaa ( dem. ) . Second
end ward. A. R. Humphrey and J. G. Lorn-
Ing were elected members ot the Schoo
board. License carried by a majority o
thirty-five.
CAMBRIDGE , Neb. , April 7. ( Spectal.- )
The election resulted In success for the cit
izens' ticket , -which Is as follows : Mayor ,
W. H. Fallng ; councllmen , W. P. Bennett ,
IX L. Tallmadge. W. Enlow. I. A. Hamdlg.
DAKOTA CITY , Neb. , April 7. ( Special.
The village election was devoid of Interes !
or excitement and but a half vote was polled
All the nomlneo were on the ticket by pe
tttlon and those elected were : Wllllstr
Lahra , William Foltz. Elmer E. Smith
Ed M. Phillips and Lou la Rothford.
DECATUR , Neb. . April 7. ( Special. ) The
content between the license and the anti-
license factions was won by the latter. The
following trustees were elected : H. D. By-
ram. L. Flnnervlen , C. H. Kllbourne. H. G ,
Lansley and Dr. C. C. Gregg.
GER1NG. Neb.April 7.-SpecIal.-At ( ) thi
municipal election the Issue was between thi
republicans end the combined opposition
The republican ticket was elected through
out by majorities from twenty-five to eighty
one.
GOTHENBURG , Neb. , April 7. ( Special. ]
The city election passed off quietly , tht
present board of trustees being elected wltli
one exception. The vote was light. The
question of saloons and tbe cancellation ol
the $10,000 city water works bonds were thi
( wo Important propositions voted upon. Tht
YOU was : For Mioon license , 81 ; against. 65
for tbe cancellation ot the water worki
toad * , 1M ; MlMt , M. Tk tollowinx U i
ll > t of the candidates and the votes they re
ceived : Bert Elllngsworth , 89 ; Knnc Folk-
ers , 72 ; J. J , Jennings , 97 ; 11. Jftnssen , 53 ;
Frank Miller , 85 ; August Hwanson , 73 ; John
Swanson , 73 ; E. G. West , 100.
MNWOOU , Neb. . April 7. ( Special. ) The
election resulted In a complete victory for
the cltlzenn * ticket over the democratic. No
question of local option was Involved , as
both tickets were "wet. "
NIonitARA , Neb. , April 7. ( Special. )
The town election was quite spirited on the
part of the brewery people , who fear the
new board will compel them to pay a license
this coming year. The following high llcenro
board wan elected : John T. Lindsay , Jr. , Sol
Draper , 0. 0. Daylcr , E. H. Lutt and C.
Stein.
OAKLAND , Neb. , April 7. ( Special. ) The
license ticket was elected , excepting treas
urer and clerk. The following arc- the o di
cers elected. Mayor. Fred Uehllng ; council-
men. First ward , Ed Uaugh acid \V. Heglund ;
Second ward , Andrew Rcciard and John John
son. *
- O'NEILL , Neb. , April 7. ( Special. ) The
cpubllcans won a decisive victory over the
reonllvcr advocates In the city election. The
rco sllvcrltea nominated a straight free sli
er ticket and bent all their energies to the
lection ot their men , but to no avail ,
harles Davis , a republican , running on a
Itlzens' ticket , defeated O. H. Blglow , the
ree silver candidate for mayor , by one vote ,
ho entire' silver ticket was defeated by
argo majorities , with two exceptions , the
Ity treasurer , who had no opposition , and
no of the aldermen In the First ward. Mr.
Uavh Is the flret republican to bo elected
mayor of the city In four years. Following
ro the officers-elect : Charles David , mayor ;
. Martin , city clerk ; B. McGlnny , treasurer ;
' . H. Davldwn , police Judge. Aldermen
'Irst ' ward , T. D. Hanley , long term ; Thomas
'Icrncy ' , to fill vacancy ; Second ward , W. T.
Ivans ; Third , John C. Olson.
ORD , Neb. , April 7. ( Special. ) License
arrlcd all the city office ; . ' and all but one of
ho aldermen. The following were elected :
' . C. Work , mayor ; J. F. Colby , treasurer ;
iV. H. Careen , clerk. The license party ulso
Iccted three out of four candidates for the
chool board.
PAWNEE CITY , Neb. , April 7. ( Special. )
The city election here passel quietly. The
'ollowlng were elected on the republican
Icket : Mayor , M. A. Rice ; clerk , C. E.
lerco ; treasurer , E. II. Holllster ; Pollco
udge , John McAllister ; city engineer , Wll-
lam Hcadley. John W. Hassler of the
'awneo ' Rppubllcan was re-elected for third
crm as councilman from the First ward
y a vote ot 3 to 1 over his competitor.
Tbo citizens' ticket was zucrcrsful In the
Second ward , where J. H. Conover defeated
O. H. Schenck , republican nominee. The
reposition to vote $12,000 bonds to erect
a new school 'building ' was defeated.
PONCA , Neb. , April 7. ( Special. ) The city
election parsed off at this place Tuesday
with little Interest. The result : Mayor , W.
, V. Mlkesc-ll ; clerk , J. D. Forbes ; treasurer ,
M. I. Mellon ; councllmen. First ward , tie
between W. S. Deal and Dennis Sherman ;
Second ward , J. R. Mlkcficll ; Third ward ,
W. F. Robinson.
HOSELAND , Neb. . Apt II 7. ( Special. ) For
do first tlmo In the history of Rosoland an
antl-llcenso board was elected. The con-
est wss very close , but the entire tcmper-
inco ticket was elected , with one exception ,
by one majority. One license man was vie-
orlous by one vote over the temperance
candidate.
SHELTON , Neb. , April 7. ( Special. ) The
Illngo election passed off quietly , a full vote
being caat. The -straight citizens' ticket waa
'Iccted ' , there being two In the field , includ-
ng law and order. License was voted on and
: iad twenty majority. This Insures three
saloons and possibly four.
SUPERIOR. Neb. , April 7. ( Speclal.- )
The following city ticket was elected Tues
day : Mayor , William N. Hunter ; coun
cllmen , F. E. Fe.ulng , W. S. Young , P. S.
Southard ; school directors , J. H. Kesterson ,
B. C. Amberfon ; treasurer , W. W. Kendall ;
clerk , W. W. Hopper ; engineer , Joseph
Power" .
TECUMSEH. Neb. , April 7. ( Speclal.- )
Tccumsch went wet with a big majority.
The town has been temperance for two years.
The ticket : Mayor , Colonel C. E. Ferguson ;
cleik , William J. Devenney ; treasurer , L. M.
Davis ; engineer , W. L. Dunlap ; councllmen ,
First ward , William Forncfelt ; Second ward ,
M. Shaughnessy ; Third ward , Theodore
Smith ; members of school board , W. F.
Chonofteth , A. Gatscr , Ed Grist , G. D. Ben
nett.
nett.TEKAMAH.
TEKAMAH. Neb. , April 7. ( Special. ) The
election of city officers occurred here Tues
day , In which tbe nominees on the citizen.- ) '
ticket were all elected , with the exception
ot tbo two members of tbo Board of Educa
tion. County Attorney W. G. Sears was
elected mayor , W. E. Brooklngs and W. W ,
Latta as coimcllmen. This gives the license
faction two members of the city council aud
the mayor , as the two councllmen who beld
over were elected last year by tbe antl-
llcecee.
WAUSA , Neb. . April 7. ( Special. ) At tb
village election the entire republican tlckel
was elected. A year ago the populist part )
was victorious.
LodKed In Jail.
YORK. Neb. , April 7. ( Special. ) Charles
Wilson , a young man with whom the officer ;
have been having considerable trouble In the
last few months , owing to his pccullai
actions , was placed under arrest yestcrdaj
and landeJ In the county Jail. Wilson ha :
been prowltag around York for a year 01
more doing mysterious things and clalmln ;
to be a detective In the employ of the Pinker ,
ton agency. A month or two ago he Invader
W st Blue township acid had John Wldup
an old and well known farmer , arrested foi
stealing some hogs end a saddle. A scare !
Tailed to reveal any bogs , but the saddle wai
found in a haystack. Wilson later admlttec
that ho stole the saddle to Incrlmlnati
Wldup. Attempts were made to arrest Wll
son , but be eluded the officers and was onlj
recently found at the farm of William Haz
! ctt , where he had been feigning Illness b ]
eating dried apples. Wilson will answer ti
a charge ot false Imprisonment and mallclou :
prosecution.
l''oiinilntl < > n for Crennirry.
WYMORE , Neb. , April 7. ( Special. ) The
foundation for Wymore's new creamery wat
put In this week and the construction of th <
building proper Is now under good headway
The company Is a co-operative one and th <
contract for putting In the building am
equipping it with the Elgin system ot mi
chlurry was let to Howard & Stubbs of Deu
ver. U is expected the creamery will bi
ready for business by May 15. It will cos
about $1,000 completed.
C. A. Sllkwortb , representing the Inter
state Telephone company , with headquarter !
In St. Joseph , Is In the city for the purpcsi
of uclltng stock to the extent of $1,500. The ;
have their lines contracted for as far wcs
as Red Cloud. There Is no local exchangi
In this city , the only line here being thi
long-distance line owned by the Bell com
pany.
Itnrn * Will llfiiilt In Hentli.
TENDER. Neb. . April 7. ( Special Tele
gram. ) Thti atternoo.i about 1:30 : o'clock th
7-ycar-old daughter of Charles Behno of thi
place met with a frightful accident , whlcl
will doubtless cause her death. While he
mother was absent at a sick neighbor's th
little girl , with her sister , a couple of year
older , attempted to get oome dinner fo
themselves , when her clothes caught fir
and were burned entirely off her body , burn
Ing the child so badly ahut the head , ucc :
and body that une cannot live.
Court nt York.
YORK , Neb. , April 7. ( Special. ) Th
trial of Mary J , Bennett against Myron J
Smltn hes been occupying the attention e
the district court today. It Is a bastard
c.se In which the 16-year-old plaintiff al
leges the defendant to be the father of
child to which she gave birth In Marc ) :
Smith Is the son of T. W. Smith of Me
Cord , one of the best known mm In th
county and a candidate for state senate
on the fusion ticket at the last election.
XrliriiHkii City I'rtHli > t * ry. .
TECUMSEH , 'Neb. ' . April 7. ( Speclal.- )
The three days' session ot the Nebraska Clt
presbytery will close here tomorrow evenlnt
Over 100 delegates are In attendance , reprt
sentlng the several Presbyterian societies c
tbe district. A splendid meeting la belo
held.
CorncT Stone
WAUSA , Neb. , April 7. ( Special. ) Ti
cxercl'CM of laying the corner atone ot tb
new Methodist Episcopal eburch occurre
yesterday. A Urge gathering of people wa
present. The edifice ta to cast $1,200. Near )
t ! > entire amount bu been subscribed.
GOVERNOR MUST SHOW CAUSE
Holcomb Gets an Opportunity to Defend
His Actioi ,
SUPREME COURT TAKES A HAND IN
nn Alternative' Writ of Mnn-
dittiitiN in tbe Omnhn. I'o-
Ilcc Commlmilon liniicacli-
nient C'nur ,
LINCOLN , April 7. ( Special. ) Chief Jus
tice Harrison ot the supreme court has Is
sued an alternative writ of mandamus In
the Omaha pollco commteslou case. It [ a
on the application of Victor Rosewater , end
directs the governor to name a tltno and
place when he will personally hear evidence
In support of ttie charges recently filed , Im
peaching three members of the commlcslou.
Tbe governor ha-j the alternative of answer
ing In the supreme court on the 19th lost. ,
setting forth the reasons ho has for not
obeying the writ. At that time , If the
governor flies such aoswcr , the court will
set a dote for hearing the case on Its merits.
The order of the court In full follows :
Supreme Court State of Nebraska , State
of Nebraska To Sl'.iis A. Holcomb , Guv-
ernor of the State , of Nebraska , Ito'pond-
ent :
Whereas. It has been suggested to us by
the ntlldnvtt of Victor Hospwater , the re-
Ititor , that he. the said Victor Rosowatcr ,
m a cl'.zcn , elector and freeholder of the
rlty of Omaha , a city of the metropolitan
clasM , organized and1 existing under nnd by
vlrtuo of the laws of the state of Ne
braska , and the said nltldavlt further shows
that under and by virtue of the. laws gov
erning metropolitan cities , there Is created
a Board of Fire nnd Pollco Commis
sioners , cifwhich Robert E. L. Herdman ,
D. 1) . Gregory and James H. Peabody urc
members of said board and" " arc nciA * exor
cising the office functions and emoluments
thereof , and that the said respondent ,
Sllau A. Holcomb , IP now and mis nt the
times hcrelnnfUr set forth , the dulv elected ,
qualified nnd acting governor of the state
of Nebraska , nnd under and by virtust
the laws establishing cities of the metro
politan class , there I ? a provision ns fol
lows , being- part ot section 1CS of the act
of J&97 : "Any citizen of the city may flle
with the governor written charges ag.ilnst
nny commissioner ho may deem guilty of
misconduct In olllce , nnd the governor shall ,
within n. reasonable time , Investigate the.
same upon testimony to b produced before
him , and shall mnkc such finding ns to
the tru'h or fa'olty cf such charges as In
his judgment such testimony warrants , nnd
In case such charges shall be sustained
by the evidence , ho shall nt once remove
the commissioner so found guilty and np-
polnt unothtr qualified to fill the vacancy
thus caused. The governor , -when sitting
to Investigate charges preferred against a
commissioner , shall have full pcr er nnd
authority to coropel the attendance of wit
nesses and the production of boons and
papers' , nnd ho may hold such meeting at
the most convenient place In the state for
the purpose of such Investigation. "
CHARGES PROPERLY FILED.
The said aflldnvlt further shows that on
the 2Sth day of March , A. D. . 1893 , the
said Victor Rosewater filed with the said
respondent , Silas A. Holcomb , a duly veri
fied complaint charging1 the said Robert
E. L. Herdman , James H. Peabody and
D. D. Gregory with various crimes , mis
demeanors nnd malfeasance In otllce as
membirs of the snld Board of Fire and
Pollco Commissioners ; copy ot said com
plaint Is attached to the ntllduvlt of the
said Victor Roscwnttr , together with the
showing1 , and ISP especially referred to here
in ; the same bjlng now on Hie In this
court.
The flald affidavit further show * that the
said Silas A. Ho'.comb refuses to person
ally hear and try the. charges preferred
by the said Victor Rosewater , and did on
or about the 31st day of March , 1S9S , notify
the slid Victor Hosawator by telegram that
he had appointed A. S. TIbbetts ns referee
or substitute for the purpose' of taking the
testimony In support of nnd against the
wild charges , and to report to him , the
said Silas A. Holcomb , the said TIbbetts'
findings of law and fact In reference to the
paid charges as afcrcFald , made by the re
later herein. That the said Tlbbctts did ,
on the 1st day of April. 1S9S. come to
Omaha fop the purposeof Jrylng said mat
ter , and did serve notice upon the. said
Victor Rosewater that the said TIbbetts
mould proceed to take testimony under
and by virtue of the pretended authority
ob'nlned In the. appointment by the said
respondent , Silas A. Holcomb : that the
snld relater did. at th3 tlmo and place , set
forth In the notice of the said TIbbetts ,
present himself before the said TIbbetts
for the purpose of objeo'.lnsr to his pow
ers to act In the premises , and did th n
and there remonstrate nnd refuse , to sub
mit testimony In support of said charges
set forth In raid complaint against the mem
bers of sal * Fire and Police commission.
GOVERNOR'S DUTY.
The said relater further sets forth that
under nnd by virtue of the law It Is t'ne
duty of the said Silas A. Holcomb as gov
ernor to personally attend nnd hear the
testimony In support of nnd In refutation
of the charges against said members of
said Hoard of Fire and Police Commission
ers : tnat said relater sets forth In his snld
affidavit that the said TIbbetts has no au-
t'norlty or power to net under the law or
under his pretended appointment by the
said respondent , Silas A. Holcomb , or to
hear testimony , swear witnesses or to com
pel their attendance , or to require books or
papers to be brought before him. The said
TIbbetts Is not a commissioner or notary
public , with power to act In the county of
Douglas , In which the city of Oma'na Is sit
uated , but Is a resident and citizen of the
city of Lincoln In said state of Nebraska ;
that no notice was ever served on the said
rclator , Victor Rosewntcr , to take deposi
tions In reference to the said charges as
by law provided.
The said relntor further alleges In his
said affidavit that Vie has made demand
upon the said Silas A. Holcomb , respondent
herein , to personally attend and hear the
testimony nnd conduct the trial relating to
said charges , and that the said respondent ,
Sllus A. Holcomb , has positively refused so
to do. but has appointed the said TIbbetts
to take 'nts place In reference thereto.
The said relater further shows In the snld
nllldavlt that the said TIbbetts has heard
the testimony on behalf of the members of
said Board of Fire and Police Commission
ers , nnd tftat t'ne same was taken down by
a stenographer and not by the said TIb
betts , nnd not In the presence of the said
respondent , Silas A. Holcomb , being at that
time In the city of Lincoln , and the said
testimony being taken by said TIbbetts as
aforesaid In the city of Omaha.
ORDER OF THE COURT.
Now , therefore , we being willing that full
and spjedy justice s'nould bo done In Uio
premises , do command you that you do set
a time and place for the hearing of the
testimony on the part of the sold relntor
and the said members of snld Board of Fire
and Police Commissioners , giving reasona
ble notice thereof to the parties thereto , In
cluding fnls relntor , nnd that you do attend
In your own proper person and hear snlil
testimony and conduct said trial , as Is pro
vided In section 1CS of the act of 1897 , es
tablishing cities of the metropolitan class ,
or that you appsnr before the supreme court
In the city of Lincoln on the 19tii day ol
April , 1S9S. at 9 o'clock n. m. , showing
cause why you refuse to do HO.
Witness , T. O. C. Harrison , chief justice
of t'ne supreme court , and the seal of Bald
court hereto affixed , this 7th day of April ,
1SSS. D. A. CAMPBELL ,
Clerk of Supreme Court.
ACTED ON SMYTH'S ADVICE.
In justification of his "action In appointing
a referee to examine Into ttio charge
against the Omaha Flro rnd Police Commis
sion , Governor Holcomb tojay made public
the following written opinion from Attorney
General Smyth :
LINCOLN , March 29. 1S9S. To His Excellency -
lency , Silas A. Holcomb , Governor ; Sir 1
have your favor of tile 2Sth Inst. , In which
you state that complaint has been filed In
your otllce against three members of t'.u
Flro and Pollco Commission of Omaha ,
charging them with misconduct In otllci
nnd praying for 11 hearing at Omaha of the
charges made , and that you desire to know
whet'ner or not , In the opinion of this otrlcc
you may under the law designate a suita
ble person to act as referee , to hear the
testimony nnd report to you his findings ol
fact and conclusions of law. I have the
honor to answer that In my judgment you
may do so. Section 16S of chapter xlln pro
vides that you s'nall Investigate the charges
upon the testimony produced before you
and that you shall make your finding !
thereon. There Is nothing therein which
provides how t'ne testimony shall be taken ,
whether orally or by means of affidavits
or depositions. That Is left for you to de
termine. On the theory that n court maj
refer a matter before It for adjudication , 01
call In assistance In any other proper way
where the pressure of Its duties demands ,
I think you can send t'nese charges to o
competent person as referee. He , ns sucr
referee , would not have the right to ad
minister oaths , but that condition would
not present a dlfllculty which could not
easily be overcome. When his report woulc
In submitted you would 'aave only compa-
tent nnd relavcnt testimony before you for
consideration , and that would be carefully
llgesti-d and the law bearing thcrton
stated ; thus much tlmo mid labor would
jo saved to you , nnd yet an-lmpartlal hear-
lug would be had and justice done to nil
parties to the proceeding * ! y/ery / respect
fully yours , CiJJ/BMYTlI ,
Attorney General.
ItVnn l.omtol.
GRAND ISLAND , Neb. , A r 7. ( Special. )
Fred , Wlebe. son of Hetircscfitatlvo Wlehe ,
accidentally shot the servarit'slrl with a 22-
callber revolver. While the family had been
stopping at the Koehlcr one of the guests
gave the boy a small rcTolv ) > rV ) It lay around
: he house for a while and was put away by
the boy. Later Mr. Wlcbe thought It might
3e well to load the weapon and have It handy
for possible 'burglars ' and It appears the lad
did not know of this. Idti Evening while
both iMr. anl Mrs. Wlcbe wth > away from
the house the lad happened .to come across
the revolver acid pointing It at the servant
girl playfully pulled the trigger. The ball
entered below the chin , part cf It lodged be
tween two teeth and the other portion passed
through the upper Jaw. The joung woman
Is not seriously Injured nor will the wound
leave much of a mark.
TnkcN Horxcthli-f tn 1'rlnon.
COLUMBUS , Neb. , April 7. ( Special. )
Sheriff Byrnes took Frank Robinson to the
state prison at Lincoln today. Hoblnson Is
the man who pleaded guilty to stealing a
horse belonging to Samuel Imhoff , a youog
farmer living twelve miles west of town , and
was sentenced by Judge Albert to two years
at hard labor.
Fred Curtis , employed by Dusscll & Son ,
fell from a windmill tower yesterday and
had his left wrist and forearm badly torn
and lacerated 'by catching on a 'large spike.
He had the Injured member dressed , but
will bo unable to do any work for a number
of days.
The funeral services of the late Mrs.
Phillips , wife of Couaty Clerk 0. W. Phillips ,
were held at the family residence this after
noon at 3 o'clock.
Coitlcnr Wnhoo.
WAHOO , Neb. , April 7. ( Special. ) What
seems to be a paying vein of coal has been
discovered In this county two and one-halt
miles west of Touhy on the farm of
Joseph Edwards. Mr. J. M. Jamison
with a force of men in sinking a
shaft for the purpose of thoroughly testing
the find. Mr. Jamison was In this city yes
terday and was feeling very much elated
over the prcspcct. The shaft Is being eunk
In the valley of a branch of Oak creek.
Fifty-seven feet below the surface a thirty-
Inch vein of what experts pronounce a line
quality of soft coal was found. There Is a
> arty of men prospecting In the vicinity of
Swedbers , lut the results are not yet rc-
lortcd ,
It initially Aoulilcnt at I.lmvoml.
LINWOOD , Neb. , April 7 , ( Speclal.-C. ) C.
Waterman , traveling representative of the
United Stated Supply company of Omaha ,
was quite seriously Injured In a runaway
accident yesterday afternoon In the hills
southeast of town. The team became frlght-
; ned at same object by the roadside and
secamo unmanageable. Mr. Waterman , see-
, ng the Inability of the driver to control
Ihe team , jumped from the buggy and sus
tained a badly sprained and somewhat lacer
ated ankle. The Ibuggy was completely
wrecked and the driver , Grant Elliott , was
: hrown out , -but sustained no serious In
jury.
Will IH''l.le by Lot.
LEXINGTON , Neb , . April 7. ( Special. )
The old city council hed | a meeting last
night and requested the candidates for
mayor , who were tied , to meet them to
night and "draw cuts" to.declde who should
bo mayor. The Issue of license or no li
cense will be decided by the result.
A telegwrn was receive , . ! by Coroner Ban
croft from Eddyvlllo saying that Frank
Morse , the postmaster at that , paint , had
died under suspicious circumstances. The
coroner departed at once. . No additional In
formation la yet obtainable.
Chilli Futility * Ilnrncil.
HUMPHREY , Neb. , April frl ( Special Tel
egram. ) A G-ycar-old ch'lld of J. C. Roth
wus seriously burned this afternoon about 4
o'clock , from which death resulted three
hours later. The child's clothing appears tc
have caught fire from , the- cook ctovc , neai
which It wan playing. Mr. Roth was away
from homo and just returned a few mlnutis
previous to the child's death. An alarm ol
fire was turned In and all the departments
responded , but the Ore was under control
when the departments arrived.
Ilrnkcnmnt Hurt.
OAKLAND , Neb. , April 7. ( Speclal.- )
John S. Rosslter. formerly a brakeman or
the Union Pacific railroad. In trying to board
: ho 3 p. m. passenger yesterday fell off ol
the platform and recclve4 a severe scalt
wound. Rosslter got on the train while hi
motion , and tried to steal a ride. The
wounds were dressed by ttio company sur
geon and he left for Omaha on the nlghl
freight. _
omccru' Siilnrlen Reduced.
TECUMSEIH. Neb. , April 7. ( Speclal.- )
At a meeting of the city council last nlghl
the salaries of the city officers exceptlnt
councllmen were materially reduced. Th (
action has not yet met the sanction of th (
maj'or , who Is a retiring officer , and tht
legality of the action of cutting salaries ol
Ki-coming officers on the eve of their elec
tion Is questioned by some.
'Vnlley County Jlortuuue Record.
ORD , Neb. , April 7. ( Special. ) Vallej
county's mortgage record for the month ol
March la as follows : Thirteen farm mort
gagee filed , amounting to $11.781.01 ; thirty-
three satisfied , $18,994.80 ; four town mort
gages filed. J881.70 ; six satisfied , ? 1.273.,5 '
155 chattel mortgages filed , $28,824.47 ; IK
satisfied , $15,829.74.
nt Nebrnnkn. CHy.
NEBRASKA CITY , April 7. ( Special Tele
gram. ) Tom Whltehlll'a , saloon was burg
larlzcd and robbed of about $10 In cash am
a quantity of liquor aad cigars last night
No clew.
8 Dr. Miles9 Restorative Nervine.
Restores the Vigor of Youth.
Old age is a disease , just as rheumatism and
indigestion are diseases , and like them it signi
fies a lack of proper nourishment a want of
strength and energy. No one thine has so
great influence in depressing the spirits , racking
the hrain , shattering the nerves and debilitating
the whole system as does the worry and care of
a busy life. And no medicine was ever discov
ered that even approached Dr. Miles' Restorative
Nervine in building up weakened nerve tissues
and in giving new" life and strength to the tired
body , It searches out the weak spots and sets to
work to make them strong. It gives the worn out
nerves a chance to recover. It brightens the
mind and rests the weary brain as nothing else
can do.
\ \ "After trying almost every other known remedy tor nervous
troubles , 1 have found nothing to equal Dr. Miles' Ho-
storatlvo Nervine , " writes Thomas W. Hustings , of West
Bay City , Mich. Mr. Hustings is Btipcrlntondont of the largest lumber company
in the state of Michigan , nnd his inlinonco for good is far reaching. He says further
ther"I was a friend to coffee and tobacco which with the work nnd worry of
business troubles would have noarlv lloored mu but for Dr. Miles' Nervine. I nin
now nearly 04 years of ago. nnd am the youngest looking man of my ago to bo seen
anywhere in the state of Michigan' "
Dr. Miles' Remedies are for sale by all druggists under a guarantee first
bottle benefits or money refunded. Hook on heart and nerves free. Address
Dr. MILES MEDICAL CO. , Elkhart , Ind.
HONORS FOR THE DEPARTED
Tribute Paid to tbo Memory of the Late
Mis. Thurston ,
CUBAN RELIEF ASSOCIATION SERVICES
Aclilrc-BKCd ncllvcrcil by Mr * , finlllii-
Bcr , 'Mr ' . J. Ullen. Pouter nml
a Number of Other 1'ronil-
ncnt Women. I
WASHINGTON , April 7. ( Special Tele
gram. ) Memorial exercises In honor of ttio
late Mrs. J. M. Thureton were held this
afteinoon In the parlors of the Cairo by
the local branch of the Cuban Relief as
sociation. Mrs. Burrows , wlfo of the Junior
senator from Michigan , pfrcslded , addresses
being made by Mrs. Jacob H. Oalllngcr , Mrs.
Clara Berwick Colby , Mrs. J. Ellen Footer
Mid others. There wcro beautiful hymno
euog. Rev. Dr. McKay Smith closed the
exercises with a short tribute to tbe dead
and delivering the benediction. Mrs. Colby
read resolutions which were exceptional In
subject matter and the manner of presenta
tion , being entirely devoid ol "whereaees"
and "resolves. " Mrs. Colby's address was
particularly linpreeelve , reviewing the early
life of Mrs. Thurston long before her hus
band had shown any strong aspiration to
the senate. She spoke of her Nebraska life
am ] the- Interest displayed In the Uiarltable
Institutions of Omaha and saw In It that
courage and conviction which had led her to
the south , on her tour of Investigation. A
hundred or more representative women were
present , besides quite a number of Nebraskans -
braskans who had been Invited to partici
pate In the memorial exercises.
Congressman Mercer has forwarded a let
ter to a constituent of his In relation to
negotiations being concluded with the Sho-
Bhono and Arapahoe Indians In Wyoming
concerning the cession of certain mineral
landD In the Shoshone reservation. Since the
Bllsonlto lands have become BO desirable In
Utah this drslro to open up the Shoshone
reservation has taken possession of certain
people In 'Nebraska ' and Mercer has taken
the trouble to look up the whole question.
Ho flndo that In 'April , 1896 , the agreement
waa made with the Indtanu of the Shoshone
reservation for the cession of the northwest
ern portion of the reservation , embracing
some 65,000 acres , said lands Including what
Is known as Big Hot Springs. Until the In
dians have become fully oettled upon their
now allotments the department has thought
best not to further agitate the question of
any new openings.
Mrs. O. W. Palm of Lincoln left for her
homo today.
The secretary of the interior today af
firmed the decision of tbe land commissioner
In the caseof John Freeburg against Arthur
B. Heller. Involving timber lands In the Dea
Motaea district , sustaining Heller's entry.
Drs. C. T. Lecson and B. H. Sillier were
appointed to positions on the Board of Med
ical Examiners at Mount Ayr , III.
Josephus Lowe was today appointed post
master at Folger , Clark county , la. , and
Mrs. Nettle Allen at Chlsholm , Mocroo
county , la.
Fnivorw the SittingMember. .
WASHINGTON , April 7. The contested
congressional election case of Patterson
against Oarmack , In the Tenth Tennessee
This ip the White House nnd Drex Ii.
Shooman Is Ins-hie trying to nnd out
what Bill Is up to maybe he thinks wo
don't know much but we'll wager a pair
of our men's ? tt tan shoes that we glvo
the biggest value In a man's tan shoe at
that price ever given in Omaha or Wash
ington. They come in seal brown and ox
blood tans , mddeled after our black shoo
that 1ms always given so much satisfac
tion needs no breaking in prevents
corns a splendid , goott-looklng , longwearing -
wearing Mice for $ . ' 5 bulldog and the
newest coin toe styles-r-styles the same
as the ? 5 shoes with a ' wear every bit
their equal all for $3. | ' , ' '
Drexel Sfioe Co. ,
OninbaU Up-to-date SJioo Hoaic.
1410 FARNAAI }
J f
i
if
The man that deliberate Js some Hmea
lost he certainly will bVwhen It comes
to buying a new pianiflieso we offer
now arc going going luster than some
people suppose there i ' [ f chance of us
being able to get mor < # -sb'that we can
duplicate these prices yet maybe we
can't then your hesitancy will cost you
real dollars. We offer now new ! ? 7.r)0
pianos for ? 000 ? GOO pianos for ? r > 00
$500 pianos for $100 $4.r 0 pianos for
! ? : { 5O Jir : > 0 pianos for ? 2."iO ? L'7o pianos
for ? 225 of such well known makes as
the Kuabe , Kimball , Kranach & Bach ,
Whitney , Ilallet & Davis all on terms
of from $15 to $25 cash and $8 to $10
per month. Our line of music Is the
largest and most complete of any In the
west.
A. HOSPE , .
Music and Art. 1513 Douglas
d'atrlct ' , was reported to the house today ,
house election committee No. 1 recommend
ing the seating of Carmack , and declaring
against cx-Hcpresentatlvo Patterson's con
test. The committee corrects the vote to
make a majority of COO for Carmack.
\CMVH fur the' Army.
WASHINGTON , April 7. ( Special Tele
gram. ) The following changes have been
made In stations and duties of officers of the
engineer corps : First Lieutenant Charles
Keller , relieved from duty under Lieutenant
Colonel W. H. King , and ordered to Charles
ton , S. C. for temporary duty , under Major
H. Ruffner ; additional Second Lieutenant
Harley B. Furguson , relieved from duty
under Major Iluffncr. and ordered to Wll-
let's Point , N. Y. . for duty with battalion
of engineers at United States Engineer
school ; Second Lieutenant Harry Burgess ,
relieved from duty with battalion of engi
neers United States Engineer school and or
dered to Galvcston for duty under First
Lieutenant Ch'arles ' S. Rlche.
The resignation of Captain Albert D.
Nlskern. commissary , of bis commission as
lieutenant of Infantry only has been ac
cepted.
The following changes In stations and du
ties of ofllcers of qaurtcrmaster's depart
ment have been made : Major Francis B.
Jones , quartermaster , will transfer his du- '
tics of construction at Fore Harrison , Mont. ,
to quartermaster at that post , and proceed
to Chicago for duty with the Department of
the Lakoa as assistant quartermaster , re
lieving Major George E. Pond , quartermaster.
Major Pond , upon being relieved , will pro
ceed to the Department of the Missouri for
duty as chief quartermaster , relieving
Lieutenant Colonel Martihall , who will pro
ceed to Omaha , temporarily , and settle his
accounts.
The order directing Captain Paul Shlllock ,
assistant surgeon , to proceed to Key We.it ,
Fla. , has been revoked and he Iras been or
dered to Chlckamauga National park for duty
with the First detachment that may proceed
to take station ut Fort Jefferson , Fla.
The following named officers are relieved
from duty at the United States Military
academy , West Point , N. Y. , to take effect
as stated : Captain James L. Lusk , corps of
engineers , August 31 ; First Lieutenant
Thomas H. Rces , corps of engineers , August
13 ; Captain William B. Gordon , ordnance
department , August 13 ; Major William F.
Spurgin , Twenty-third Infantry , July 1 ;
First Lieutenant Henry D. Todd , jr. . Seventh
artillery , August 13 ; First Lieutenant Peter
E. Trlub , First cavalry , August 13 ; First
Lieutenant William Wlegal , Eleventh In
fantry , Juno 16. Captain Lusk will report
to chief of engineers for duty In his office ;
Captain Gordon will report to chief of ord
nance ; other ofllcers named will join their
respective companies.
The following named officers have been
ordered to the United States Military acad
emy at West Point , to take the places of
thceo relieved : Captain George W. Goethe-
walfl , corps of engineers ; First Lieutenant
Jay J. 'Morrow ' , corps of engineers ; Captain
Charles B. Hall. Nineteenth Infantry ; First
Lieutenant William Lisslter , First artillery ;
First Lieutenant Frank D. Webster ,
Twentieth Infantry ; F.lrst Lieutenant Mau
rice G. Krayenbuhl. Third artillery ; Second
Lieutenant Herbert A. White. Sixth cavalry.
Captain Charles T. Wethcrlll , Nineteenth
Infantry , * as been placed on the retired list.
First Lieutenant Isaac N. Lewis * . Scvontn
artillery , has been aeslgncJ to duty as re
corder of the board of ordnance and fortifi
cations , relieving Captain James C. Ayrcs.
AilvUr * Clnrn. llnrton to Leave.
NEW YORK , April 7. Stephen Barton ,
chairman of the Central Cuban Ilcllef com
mission said today that he had received a
cablegram from MUs Clara Barton , presi
dent of the National Red Cross society
who Is atpresent - In Cuba , saylm ? that
she. had been advl d by Consul General
Leo to Irave the Island' at once , ns It woulij
be minis ? for ln < r or any o'licr American
to stay later than KrliUy. Miss linrton
sal < l nothing : or the condition of affairs la
Cuba.
KrHurht TeleNcopi'it 1'iiNNt'iiKi'r. '
COLUMBUS , O. , April 7. A special from
Steubenvllle , 0. , eajs : This morning tbo
castbound Pennsylvania paosengor train No.
2 struck a man nalklng on the track and
knocked him Into the creek , west of Fern-
wood , this county. While the passenger naa
stopped an eastbound freight , which was foU
lowing It Into Steubenvlllo , crashed Into the
passenger , wrecking three cais , two of then *
being Pullmans. The women's coach tele
scoped the smoker , the engine of the freight
and eight cars were derailed and piled up
and were badly cmnshed. The remains oC |
the man who was struck by the passenger
were brought here and cannot bo Identified' .
The Injured who were lu the women's
conch arc :
Christian Stegncr , National Mllltarjfi
home , Dayton , O. ; cut on arm and head.
Uov. W. S. Loury , Plttsburg , Pa. ; lefd
sldo bruised , both legs Injured.
Ilov. Lowry'e wife liad her left leg ln
lured. ,
A. Swans , cut about head.
The conductor of the freight was injured
In jumping.
FOIlECAS'l' I-'UIti T011AYVS W
Partly ? Cloudy , I'oxNllilo.Sliowern and )
Southerly \VliulH.
WASHINGTON , Api 11 7.-HForecast fo *
Friday :
For Nebraska and Iowa Partly cloii'ly ' )
weather ; poaslblv showers ; southerly winds , i
For Kansas Knlr ; warmer In eastern per
tlons ; southerly tAlnds. <
For South Dakota Partly cloudy weniherf
p.osHbly ll ht showers : colder In western/
( portions ; westerly ulmls.
FOP 'Missouri Fair , except possibly show *
era In extreme northwest portion ; warmer ;
southerly -winds. i
For Wyoming Partly cloudy weather ;
possibly light showers ; northwesterly winds.
'Loeiil ' Hi-ford.
OFFICE OF THE WEATHER BUREAU.
OMAHA , April 7. Oma'na record of tem
perature and rainfall compared with tha
corresponding day of the last three yearai ,
1S98. 1S07. 1SOG. 1893 1
Maximum temperature . . 5 CO 49 49
Minimum temperature . .34 3 $ 40 43.
Average temperature . . . . 44 44 44 4V )
Rainfall T T .13 .18
Record of temperature and precipitation at
Omaha for this day and since March 1. 1M > 7 ;
Normal for the day CO
Deficiency for the day 61
Accumulated excess Mnco March 1 CSJ
Normal rainfall for the day 09 Inchfl
Deficiency for the day OU Inchv
Total rainfall since March 1 l.CO Inches )
Deficiency since March 1 49 Inclwj
Deficiency for cor. period , 1S97 39 Incf 1
Dellclency for.cor. period , 1S90 Cl Incb
Ilciiurtu from Stntinn * nt H p. m.
.Sevcnty-llftli Meridian time.
-v
Wo arc the only house In the west
that innmifacturo n full Hue of Deform
ity Hrnces , Trusses , etc. This depart
ment Is in charge of n thoroughly com
petent person , who mtiUcs them to lit nny
case In hand our stock of tliu manufac
tured goods Is complete and comprises
clastic stockings , trusses , supporters ,
batteries , atomizers , crutches , bed pans ,
air pillows , rubber goods , surgical In
struments , mt'ilical supplies , etc. Send
to us for catalogue or nny Information
desired. We build what is needed la
this Hive from actual measurement.
TheAloe&PenfoldCo
Deformity Ilrnce Manufacturer * .
HOS Farnam Street. OlYl/iHA /
Opposite Paxton Hotel. UiH4 I 2 *
The outlook in the curtain and drapery
line was never so favorable for the pur
chaser as nt present. The prices have
never been nny more near right and the
present low prices won't stay hete long
they will fitirely raise the stock we
show now was bought nt the low water
mark and not a price will be advanced
here till these are all gone all these cur
tains are new this spring. Wo liuvo no
old stock'to work off on you at cut prices
but good , new , honest goods nt just
the right price. We like to show these
curtains.
Omaha Carpet Co
Omaha's Exclusive Carpet House ,
1515 Dodge St.
