I ' * 1 ' THE OMAHA DAILY BEE. ESTABLISHED JUNE 19 , 1871 , OMAHA , FRIDAY HORNING , AljELL 8 , 1898 TWELVE PAGES. SINGLE COPY FIVE CENTS. .IRRIGATION IN THE MIDWEST Features of Recent Progress in Kansas and Nebraska , QUAINT JUMBO MILLS IN USE Sample * ( if the "VVenlth Obtnlnnhle br the Soil with Arllllclnl aioUtnrc _ Future f/rlgatlon as a factor In the agricultural development of the midwest Is described with considerable detail In Mr. Matlhews' last let ter In Harper's Weekly. Concerning the progress of Irrigation In Nebraska and Kau nas the writer says : .Nebraska has apparently taken the lead In fashioning these attain , and nothing la com moner thin to see what are known as " " " " mills pumping "Jumbo" mills and "go-dcvll" water for lltllo palchcs of Irrlgalcd properly In thai slate. Prof. E. > H. Barbour of the Nebraska Stale university has made a thor ough study of Iheso crude wlndmllte and their possibilities , and hat published his Vlovva extensively In agricultural and other nenupapcrs. Ho bis found that "tho average cost of these mills that are knocked togelhcr on Iho farm la only about $0. They are made from old broken machinery , and gen crally face toward the troulh. A long reel- angular box Is first construcled , and on Ihe sides rests the axle of the revolving part of the machinery. From four to eight arms project from this axle. The wind catches one of these arms and thrusta It down Into the box. where It Is cut oft from the breeze , * nd" this pushes up another arm , which If Caught by the breeze and whirled arouni down Into the hold , and so arm aflcr arm or gall aflcr pall Is raised , and Ihe axle lurna in the wind , the power foclng applied to a pump that raises the water from the ground Ono of the most remarkable of Ihcso mills Is a lllllo "Jumbo" in Kearney , Neb. , that cost only $1.50. It is six feet high , three feet wide , nine feet long and has eight fans This mill saved a stiawberry palch , a garden and some small fruit In the worsl droulh lhat Nebraska ever experienced. There Is another of these tnlU ! > at Lincoln , Neb. which Is nlno feet wide , thirteen feel Ugh thirteen feet long and which coat only $8 The box Is made of discarded lumber abou " " the place and the satis are wooden frames or which old coffee sacks are stretched. This odd contrivance Irrigates five acres of gardei land and supplies a reservoir ISO feel long flvo feet wide and two feet deep. Anothc peculiar kind ot windmill Is what la knowi aa a merry-go-round mill. It has sails tha prcad themselves oul full automatlcullj when Ihe wind Is al their back , and turn an edge and cut through the wind when It 1 against them as the affair whirls around Prof. Barbour , In pointing out the crudltle ; of tliCRc mills , says : "They all polnl to . lendency lo Invent along Ihe line of lara mount Importance to agriculture. And wh dares ray lhat these crude mills may nc lead to a solution of the only agrlctiltura problem ot Iho west lhat Is , methods of sup plying sufficient moisture at the critical mo ment for growing crops. " VALUE OF THE MILLS. In talking of Ihe value of these mills. Pro Barbour tells Ihls story in the Farm Implc ment News : "Tho largest and best known jumbo mill In tbo eastern third bf the state Is probably that ot Jcbn Tannahlll , market-gardener and nursery man ot Columbus , Platle county. Nebraska. H rises like a great winged spectre above the lake of water which 11 supplies by Us two heavy pumps. This mill irrigates ten acres successfully , and Is now BO surrounded by a growth of timber that It elands In the midst of a miniature * forest which cannot bo penctraled by the camera. Photographs taken six to eight years ago enow a level prairie diversified chiefly by a huge jumbo end a pcnd. This sudden trans formation can bo better understood by tlio westerner than by the easterner. On the treeless prairie the cottonwood .and olher trees often attain , In eight years , a height of fitly lo sixty feet , and a diameter of ten to twelve Inches. Tbe writer has neen many a house In eastern Nebraska surrounded by a forest sq dense , though not ten years old , as to shut out the camera , or rather shut In all tbe farm buildings , tbe Irrigating pond , and the stalely windmill and lower , eo that photographs , no mailer how desirable and In structive , were Impossible. So much for Ihe work of gelling- the water above ground In a crude way. The real effective windmill Is yet lo 'be Invenled for lapping the great tertiary underflow or itho deep Dakota waters. At present Ne braska leads In the mailer of Irrigation by diverting Ihe streams that flow through the state. It has an Irrigation law patterne-i largely afler the law of Wyoming , which alma to give the largest use of the public waters to the farmers. The stale has a State Board of Irrigation , which grants per mits to companies and Individuals lo use the waters of the rivers. The claims are known popularly a the old and the new , claims , deriving that designation from the fact that In 1895 the Irrigation law ot Iho tate was changed. The new claims have been filed under the revised law. The old applications for water numbered 2,200 , with a total estimated cost of the ditches amountIng - Ing to about $2,750,000 , covering about 1,061- 000 acres of land. The cost averaged about $2.50 an aero and , according to 'the figures ot the atato board In Lincoln , Iho value of the Increase In Iho land Is more than $9,000,000 or about $9 an acre. That nhows the desira bility of Irrigation. The new claims before the board aggregate about 2,200 miles , with an estimated cost under the new methods of $6,000,000 and an Increased acreage amounting < to 2,400,000 acres. The estimated Increase In land values Is about $19,000,000 IRRIGATION FROM CANALS. Kaniaa has no such board , but Irrigation from canals Into which river waler has been led , It Is eatd , amounto lo Iho use of about 1.500 miles ot ditches ot various slzca In 189S Kansas appointed a board to examine Into tbo possibilities of Irrigation. The ap propriation was most meager for the work assigned to It and the board could not begin to do all that was required of It. It sunk nearly a score ot wells In the upland districts and made an exhaustive study ot the fieo- loglo conditions , much or which has beer tiummaTlzed : In thla article. When Govcrnoi Lccdy sent In his message to the legislature In January ot last year bo was not ImprcsaeC seriously with the prospects of Irrigation lie said he had not seen a copy ot the com' tnlraloncis' report , and It was plain that b ( thought the pchcmo oS Irrigation on a larg < scale chimerical. The report baa been made public since then , but It Is not knowi whether the governor has modified nU views In Nebraska no such extended study of lb < geology of Iho water supply has been made I'rof. Stout ot the agricultural department of Iho Nebraska State university has Issuec bulletin on the water supply of Nebraska In which ho cays that the sheet water supplj la difficult to estimate or determine. Hi eays , however , In speaking of Irrigating frorr wells : "It Is almost certain lhat within thi next few years nearly every farmer In th < western and middle partu of the stale , where the conditions are at all favorable , will havi from two to fifteen acres under Irrigation bj thla method. " This presupposes a wide ex tent ot the sheet water on the uplands o Nebraska , such as la known to exist on. tbi uplands of Kansas. The Dakota water I : known to exist to a great depth In Nebraska as In Kansas and In all that sloping terrltor ; that llea east of tbo Rockier. NOTABLB BENEFITS. Some notable cases ot the benefits of Irrl gallon bavo 'been published In the Nebraski Irrigation Annual for 1S97. Instances an Klvcn where Irrigated corn his yielded sixty flvo butbela to the acre , while adjacent corn not Irrigated , yielded only thirty buihe'.s in acre. H. J. Hendryx of Plotto county hai idn. twenty-five terra of celery under Irrigation The proceed * wtr * | 200 an act * , ad tin profit $125 an acre. A Lodge-Polo creek farmer raited 1,365 butbels ot nnlons on an Irrigated acre ot ground , the largest onion of the crop weighing nineteen ounces , which , Ihe Annual declares , made "A fair-sized meal for fevcn persons" of coarse meaning Iho vegetable part of a meal. Neighbors without Irrigation raised only about 100 buehela of onions to the acre. Mr. Sailing of Cozad , Diwson county , Irrigated his ntieat field , ap plying water to It only twice. His wheat averaged forty bushels lo the acre , vihlle ad jacent wheat land , not Irrigated , cnly pro duced from twenty to twenty-three buehels to the acre. Thcso Instanced are extreme cases , of course , but they show the trend of events In floriculture In tbe arid and semi-arid re gions of the west. A notable Incident In this trailer of Irrigation Is the annual fair that U held In Nebraska , where exhibits of produce raised through this method ot cul tivation arc made. These exhibits and Ihe annual meeting In that etato ot Ihe friends of Irrigation arc spreading the cause rapllly Ihrough the. entire arid and semi-arid territory , and bringing about a change In farmers' methods. II Is even declared thai farmers hi the cast will learn In time thai H will pay for Ihem lo have a slorage reservoir they are made easily by scooping out a pond and al lowing cattle to trample Us bottom solid and hard as the best way of forestalling a drouth. U Is also asserted that eastern farmers , like hundreds of farmers In Kansas and Nebraska , will pee the utlllly of having a pond of water where a flnh supply may be cultivated for household uses , and where In winter Ic In largo quantities may be gath ered , CONCERNING THE FUTURE. It Is most difficult to forecast the future of the arid lands. It Is clear that only the supply of tertiary water may bo drawn upon when Improved cheap machinery comes. The Dakota supply must be Ignored , at Its great deplh , for a long time. The chief thing In Iho way of machinery Is to secure some kind of a pump , to be run by the winds , that can tike advantage of low velocity breezes , Bay those that blow at an average of from four .to six miles an hour , A desirable thing would bo to have a mill operate more tian one pump as the force ot Iho wind increase's. Owing to Iho uncertain source of supply of the terllary water , Prof. Haworlh has csll- mated thai , using only lhat part of the water which Is supposed to sink through the > ground , It Is probable that 56 per cent ot Kansas may be Irrigated to advantage. The State Board of Kansfs sums up the mailer In Ihcsc words : "Tho prcsenl chief use of the uplands of the western third of the state Is for the growing of stock , and In order thai Ihcy maybe bo utilized lo their fullest extent In this buslnc.'s. It Is xccessary that families reside there , and that water be pumped from the earth and food grown for man and beast Thcro is not one domestic animal In the western third of Kansas where , under proper conditions , five might bo maintained. Nor will there be until an irrigation plant is the basis of each home. "Our Invesllgatlons catlsfy us that there Is avallalblo water lo Irrigate at least 10 pel cent of the upland , which , with a fair inarko for the product , would make a rich agricul tural and slock growing section , and < thl proportion of the land will come under In tcnso cultivation as the knowledge of the conditions Is brought home lo the people. "To realize the change of conditions which may > bo brought about by the nmall Irrlga lion plant In connection with stock growing let tis suppose that 1 per cent of the land 1 Irrigated. This means 6.4 acres per section and Is easily within the powers of a single windmill. This amounl Ihus cultivated Li a sure support for a family of five persona The remainder of tbe G40 acres Is avallabl for stock and forage crops , and will supporl thirty head of cattle , Ihe prcflls of .whlcl may be laid aside , together with Ihe pro cccds of Iho poultry. Assuming Ihe counllci lo average Ihlrty miles square , there woul bo 900 sections ID Ihe county. Five InhabI tants lo the section means a rural popula tion of 4,500. This would bo the effect ot th Irrigation ot 1 per cent of the lands. " IDEAL PROSPECT. It Is easy to be seen thai a 1 per cent Irrl gallon would-not only bring back those 30 , 000 persons who have left western Kansas , but would add greatly to the population. There are nearly forty counties In the arid region of the stale. A population of 4,600 to the county would mean 180,000 , or 100,000 moro lhan Iho population al Iho height of Ihe boom limes. It would mean a new kind of farming the farming of small tracts ; the Intense farming rather than farming on broad areas. It would probably lead to an other change In the character of Ihe live clock Industry and In time lo Ihe abolition of the ranges for developing meat food. The subject of irrigation's future has been summed up In a picturesque way by Sec- relary Coburn of the Kansas State Board of Agriculture , whoso poellc and practical words In his enthusiasm for his hobby I have used before In Ihcse articles. He says , regarding "Iho demonstrated extenslvo underground water supply : " "Tho pumplns of these waters will be in expensively done by harnessing to the work the ever present breezes which , shot through and through with sunshine , are wafted across our broad prairies and give the Ideal health ful climate for all breathing things and for developing Ihe choicest growths of grain , fruit and flower. " It Is safe to say that If such an Ideal time does come It will bo by a gradual encroach ment upon the uplands from the river-fed valleys. The steps will be along Ihe lines of leasl resistance and will be slow. Kansas has grown llred of rushing Into things with out counting the cost. Mr. Ingalls has said that the state "developed nt random. " One may easily believe that , whether one consid ers some of the public men , big or little , that It has produced , or whether one considers some of the crops of great and small extent that it has brought forth. That time and condition have passed in the state. With unlimited waters below the fertile ground and unlimited breezes above It , perhaps these two agents may be made to mingle their powers on the surface of the soil , and It , may become a garden. But It will require time a lone time. WAS ALMOST OVER THE SVVX Kerrymnu Had n Fare Nearly Landed Only to Io e Him. Jacob 'Barr ot Detroit , Mich. , wound up a protracted epree about 12 o'clock last night In a hold at 110 North Thirteenlh street , where he secured a room. Six hours atter- warda ho was found' In bed almost asphyxi ' , - ated with gas which flowed from a half closed jet , Barr claims to bo the son of n wealthy stock grower having1 a farm near Detroit. Ho Is an all-'round athlete , and has been In Omaha several weeks seeking lo organize a class for Ihe Instruction ot boxing ' and other athletics. When Barr appeared at the hotel the night clerk noticed that he was greatly under the Influence of liquor. He was taken to a room and left lo disrobe and rellre , bolh of which ho succeeded In doing after no little dim- culty. About G o'clock In Iho morning Ihe porter , In passing through the hall , detected Bas escaping and immediately began an Investigation. He finally located the odor as coming from Barr's room. Ho attempted to rouse the occupant , but falling he broke In the door. Barr was undressed and on the bed , but his appearance was that ot a dead man. The porter shut off Ihe gas , ihrew open Ihe windows lo lei In fresh air and Ihen hurried away for assistance. Dr. Ralph was called , and after working over the uncon scious man for several hours , succeeded In bringing htm back to consciousness. The patient Is now considered out of danger. Barr denies that he attempted to commit suicide and thinks that when he attempted to turn off the gas In hla drunken condition ho turned the jet on again without knowing what he was doing. He says he his plenty of money and that while he had been drunk for several days there wai no reason In 'the world why he should have wanted tb end his life. He has been removed from the hotel - to St. Joseph's hoipltal. . , Wheat Yield of Victoria. MELBOURNE , Victoria , April 7. Th . wheat yield of thl * colony U Mtlmated at 10,100,000 buhcta. BARTLEY VERDICT STANDS Jury's Action Exonerating the Bondsmen Remains Unchanged. COURT DENIES MOTION FOR A NEW TRIAL Judge Prrell Hold * that Clinrnc * of Mliconduct on Jury'H 1'nrt Are \ot \Vell .StiHlnlned nnd II * Ue- clilou 1 Warranted. The vcrdlcl In the cac of the State against F. M. Cook , A. B. Clark , John H. Ames , Charles A. Hanna , Mary Fitzgerald , Ed ward J. Fitzgerald , C. C. McNIsh , E. E. Brown , Thomas Swobe , Cadel Taylor , N , S. Harwood and William A. Paxlon , first term bondsmen of Joseph S. Bartlcy , ex-state treasurer , will remain undisturbed. This Is the dcclelco of Judgo. Powell , who has de nied the motion ot Ihe state , asking that the verdict of Ihe jury be set aside and a new trial had. As state treasurer Joseph S. Bartlcy was accused of cmbezzzllng state funds aggre gating $555,790.66 , and bis bondsmen were sued for the amount. Suit was brought October 20 , 1897 , and the trial was had dur ing tbo early dajs of the present term of courl. A verdict waa relumed on. February 27 , Iho jury finding for the defendants. After the verdict had been returned charges were filed accusing the jurors of Irregularities and misconduct during the trial , and at the same time Atlorncy General S my tli filed a motion for a new trial , alleg ing thai Iho jury had been tampered .with. When the motion was argued these charges wcro Investigated and formed a part of Ihe basis for demanding the new trial. It was also alleged Id at Iho verdict was contrary to law acid was not supported by the evi dence. The mailer was laken under advlse- menl by Judge Powell and passed upon Ihls. morning. Judge Powell's opinion In Ihe case Is as follows : The Stale asks the court to set aside the verdict heretofore rendered In this case and grant a new trial , and ns reasons therefor , amons others urges , that there was mis conduct on the part of the Jury to which the case was tried , nml especially that , First. Juror Hyland 'had formed and ex pressed an opinion before belns called or sworn ns a Juror ; and , Second. T.at several , If nol all the ot'.ier Jurors Improperly communicated with and received letters , packages , und In some In stances sums or money from outside persons during the trial , nnd In general , were al lowed too great liberty by the officers whose duty it was to care for them. CONCERNING HYLAND. As to the charge thai Juror Hylnnd prior to being called as a juror , expressed an opinion to the effect t'nat a recovery should not be > 'iad against the defendants , W , II. O'Shauphncssy , In an aflldavlt Illed herein slates : That on the morning of the Stli of February , ( whlc'n was before Hylnnd had been called as a Juror ) he ( O'Sonughnessy ) said to Hylnnd , in substance , that It did not seem , fair to hold nucti business men as were the bondsmen In the Hartley case liable for the wrongs done by others , and t'nat to this statemenl Hyland answere'l , substantially , lhat "It seemed unfair to dose so , " or that "It seemed so. " Joseph H. Schmidt also tesllfied Ihnl Hy land on Iho evening of Ihe 7th day of February , In his store , said that he t'nought tile defendanls one lit not to be held liable. Hyland Is entitled to the benefit of the presumption of law that ho observed his oat'n as a Juror ( Tracy against State , 46 Neb. 3G1) ) . Previous to taking such oath he had sworn upon his volr dire examination that iio had neither formed nor expressed any opinion as to the liability of the de fendants , and t'nat ho then had no opinion , and he has since the trial filed an anldavlt positively nnd specifically denying Ihe testimony of boU'i Schmidt and O'Shaugh- nessy. As against this showing the evidence of t'ne stale Is nol sufDcent to support a find ing of mis-conduct on the part of this juror In this regard , nor to Justify a court In setting aside the verdict of twelve men of which this Juror was only one. TUe other charges of misconduct rest en tirely upon the affidavits of two men em ployed by t'ne stale and detailed by a de tective agency to watch the Jury during the progress of the trial. Neither of thess affidavits contain any statement , which even If wholy true , Is not' susceptible of explanation entirely consistent wltti honesly nnd inleigrlty as Jurors. Against t'nls showing1 each of Ihe Jurors has filed a saparate affidavit meeting every charge contained In the affidavits of the stale , covering nnd fully explaining their actions and conduct during the entire lime of the trial wild great particularity. These affidavits are supported by Iho tesll- mony of bolh bailiffs wVio had cliargo of Ihe jury conltnually during- Its confinement A consideration of all 'this evidence leaves no room for the slightest suspicion of mis conduct on the part of any member of the jury which tried this case. Indeed' the conduct of these jurors and of the- bailiffs In charge of them la shown to have been In every respect most exemplary and Is deserving of the highest commendation. SUPPORTED BY EVIDENCE. The other reasons urged for the granting of anew trial have all been considered , but none will be noticed here excc.pt the prin cipal onct , that the verdict Is not supported by sufficient evidence , and Is contrary to the evidence , . Upon the trial ot thla cause nnd at the close of the Introduction of evidence the etnto requested the giving : of a peremptory Instruction for the plaintiff. This Instruc tion waa refused for the reason , as I then believed thai to Instruct under the evidence adduced would have been reversible error. It would consume tlmo unduly nnd serve no useful purpose lo at this tlmo discuss the evidence. It has become familiar to both court and counsel. It la sufficient for the purposes of this hearing to say thai a careful consideration of the record , con- ccr'nlng which my recollection , already clear has been aided by copious notes taken during the trial , has failed to con- vlnco me1hat the. verdict Is not supported by evidence. Even If It were true that I nilgnt If Ihe case had been Irled wlthoul the Intervention of a Jury , have reached a different conclusion from , the entire tes timony , such fact would not make It proper for me now to usurp the. functions of thThl9rraso iwas carefully tried. The facts iwcre fairly submitted , as provided by the constllullon and law * , lo a Jury of twelve clllzens drawn from Ihe body of Ihe people , they wcro unhampered by any outside Inllu- encj during the trial , and have returned a unanimous verdict. That verdict will not bo dlrturbed by this court. The term during which the shortage la alleged lo have occurred covered Iho period belwccn January 3 , 1S95. and January 7 , 1897. EX-IMUSOXCIl SUES THE SIIEIUFF. Stanley Clnyeomh Seek * llamaReM for Aliened Ill-Treatment. The case of Slanley Claycomb agalnsl Sheriff John McDonald and Counly Jailer George Shaad Is on Irlal before a Jury In Judge Baker'fl court , i The plaintiff seeks to recover the sum ot $5,000 damages , alleging thai when be was In Iho counly Jail during June , 1896 , he was lied up by Ihe bands and tortured In a most Inhuman manner. He says that handcuffs wcro placed around his wrlsta , and that through these a rope was drawn and thai Ihen he was pulled up until his toes barely touched the floor of Ihe jail. Ho says lhat be was kept in this position for > tbe period of ten hours , and , all without cause or provocation. Sheriff McDonald and Jailer Shand ha/e their own version of the story. At the time ot the alleged Ill-treatment they say Ibat Claycomb was In the' county jail serving out a sentence , having been , convicted ot robbing the graves ot Mount Hope cemetery , and that while so Imprisoned he was con tinually creating a disturbance among Ibe olher prisoners. Upon this particular oc casion they say that Claycomb attempted to create a riot In the jail 'and thai he was cautioned lo denlst. Refusing to do so , ho wai placed In tbe solitary cell , where be pouoded Ihe walla and floors , screamed and created a great disturbance. Again he wai cautioned and told that If he did not behave hlmaelf he would be punlehed. To this CUjrcomb paid no attention , but continued bis disturbance. He ) . Wa Ihca handcuffed and tied. In doing' thbltho sheriff and Iho jailor bolh lay itml jcikycomb's hands were elevated , but not enough to cause any suffering. IIIo feet were kqnarely upon the floor , and no bad rult4 followed , as he waa kept In thla position only a short time , PEYTON l HOTIIK p A < IK HKLEASKD. State Vnahle to Pronncatc the Cane Attain * * Them. The case of the State against Frank and Emmett Peyton has b&n dtatnlesed and the prisoners ordered released from custody , thus ending a scnsallonal Incident that had Its orjgln In South Omaha. Last fall a year ago Hiram B. Kennedy was operating a gambling house In South Omaha. During the nltfht of November 13 , as he was going from his establishment to his rooms , bo was attacked by Iwo parlies and shot. Soon after the shooting the Pey ton boys , Frank and Err.tnett , were arrcsled and charged wllh Ihe commission of Ihe crime. They were convicted and sentenced to the penitentiary and. dad been lakcn Ihcrc. The case was taken to the ouprcmo court and after being considered wad reversed and remanded. In the meantime Kennedy hod moved away. After being brought back the | Peyton boys were let out on bonds and an effort was made to have Kennedy return and prosecute , but as he refused to do so the county atlorney orclcrcd Iho case dis missed. Groecrn ARUliixt Proilncc ExchniiRC. The case ot Shaw & Fell , relall grocers of the city , against Ihe Omaha Produce ex change 1 on Irlal before Judge Scoll , where Ihe plalnllffs ask for a reslralnlng order and Iho dlssolullon of Ihe exchange. The platallffs allege thai Iho defendant corporation has blacklisted them and re fused them credit and aver thai Iho exchange Is an Illegal organization , created tor on Illegal purpose and that Ita rules are unjust and unreasonable. The defendsat enters a general denial , and contends lhal It Is doing a legltlmale business and Ireats all of Us customers alike. A'crdlcti In Damage ! Stiltn. In the case of Edward Biles against wlft and Company , wherein suit was rought ty Ihe plalnllff for damages alleged o have teen suslnfned by an clevalor accl- ent , the jury found for "the " plaintiff , re- urnlng a verdict for $1,950 , Iho full nmounl ued for. The jury rln the case of John Opocensliy galnsl John Knczacek has found for Iho do- endanl. The plalnllft sued for $1,500 dam- gcs , alleging thai Ihe dcfehdanl maliciously aused his arresl and Imprisonmenl. Noten from the. Court * . Elizabeth Rodgers has bacn oppolnled epe- lal admlnlslralrlx ot the" cslalo of W. 0. lodgers , deceased. S. I. Jeler has secureda ! lemporary retraining - training order , enjoining Ihe clly from hanging the grade of Mason etrcet , bclwcen Elevenlh and Twelflh. , Judge Scoll Is pracllcally Ihrough wllh Ihe uslness of the February Ifcrni of court. Ho ias but two cases remaining upon his docket and there Is no certainly about these being 'eady ' for Irlal. Nora Meyers seeks a divorce from her hus- > and , David Meyers. She- ' alleges that ho las been convicted of crime , sentenced to Iho icnllcnllary for Ihrce years and Is now serving oul his term. The petlllon for Iho probate of tlio jwU ! of ho late W. O. Rodgers ha T > een filed. The roperty .la scheduled at IQ.800 , 110,000 of personal and. $800 worth of rcilty. Elizabeth lodgers has been appointed administratrix. Rlley Goodwin , Henry , e-rter. Cliff Cole , S. S. Jones , H. Bell and Owrge Brown were all arraigned before Jndgtjj Slabaugh on the charge of keeping gambling flxture3/orl wlth operating gambling fixtures. They pleaded not guilty and were released on bonds. JUDGE } GOIIDOX DEFENDS HIS CO CUT. Itcfttlve Under tile Imputed' ' Charge of Judicial "Police Judge Gordon Is considerably wrought up over the manner In which Judge Slabaugh of the criminal section : ol tlie dls- trlct court has brought Into question his system of accepting bonds In case * where felonies are charged and defendants art ) held to the higher tribunal. "Tho facia as to tbe bonds In Iho cases ot John Brown and Lew Price , charged wllh assault wllh Inlent to do great bodily InJury - Jury , " raid the police Judge this morning , "havo been misconstrued by Judge Slabaugh. When I bound these men over to the district court on Oclober 2 , 1897 , ' they both gave a justified bond of $500. At the last term ot the higher court they obtained a continuance of their trlalo and rcne'wed their bonds be fore Judge Baker , who - -accepted- Ihelr surely 0. R. Rlckells. When Ihls new bond was cxeculed that which they furnished In my court with the same sejurlty became In- opcrailve. Time being Iho facls , 11 seems to me thai If anybody deserves censure In Ihls case It is the district court judge who renewed the bonds. " Clerk Clancey asserts that since his con nection with Ihe police court not a single bond has been accepted that was not good. Unless sureties are well known citizens and wealthy Ihey are always required lo justify. Oounly Attorney Baldrlge , In speaking of the methods pursued In the police court with reference to accepting bonds ot prisoners for Ihelr appearance in Ihe district court , said : "Wo have abandoned the1 Idea ot suing on bonds , simply for the reason that nine times out of ten the sureties accepled by Iho police judge are abaoullely worthless , and a suit would result In nothing but an expense to Iho counly. "While I do nol try many of the police cai'es In police court. I am Informed by my assistants lhat Judge Gordon never requires a bondsman to qualify. He will accept any body , regardless of whether'or not they have property. There are many Instances where ho has taken as bondsmen parties who have neither real nor personal properly. Parties giving such bonds do not feel under any obligations to be In tbe district court to answer , a they know that nothing can bo collected from the sureUca'and the sureties know the same thing'When the cases are called If the parties hiveUeft tbe county Ihcro Is nolhlng for us lo do but to forfeit the ball and dismiss tho'caies. "Time and again my assistants bavo called Ibis bond matter to the ! nolfce of Iho po lice courl judge , bul holbap paid no atten tion. It haa reached a point'where wo do nothing In the premises. Wo lei htm have hla own say and if the par lea are on hand In Ihe district court we' prosecute , but If they are not we dlsmlssJhnd forfeit the bond , and there the malter'jnds "So long as thepollqe JujJgo continues to follow the course that Ci ha * adopted so long we will dlsralea case * , and forfeit bonds. We are powerkes and jso are the judges of the district court. The police judge Is the only person who has anything ( o eay with reference to the sufficiency of talle and ccn- scqucntly the straw bond question rests en tirely with him. " LATTER. .DAY SAINTS CONFERENCE. Delegate * Arrlvlusrifor Annual Meet- \nc of HcorKHBlrcd Clinrcli. INDEPENDENCE , Mo. . April 7. The forty-sixth annual conference of the Re organized Church of Jeiur Christ of Latter Day Saints , now convened'at Independence , promises to be a notable one In the history of the church. Nearly 700 delegates are In attendance. Each-delegate baa a report to present of the * work being carried on In the vailous parts of the world. President Joseph Smith of Lamonl , la. , the head of the church and chief of the presidency of three , la directing the work < jf the conference. Gold Engaged for Import. NEW YORK. April 7. Brown Bros. & Co. have taken $1,2SO',000 In gold for Import. Kessler & Co. bare (250,000 engaged for import from London. Additional gold engagements are an nounced by L. Von Hoffman & Co. of $250,000 and the National City bank of $500.000 , the Utter from Berlin. Mueller , Schall & Co. bavo 1100,000 co the way from Cuba. L LOW t RATES TO HOMESEEKERS herland Will Allow People to Tmel Cheap for Months. u JNION PACIFIC MAINTAINING EXCURSIONS Decline * to Withdraw the Special rrUlleKcn nt the Jlrheit of the WeMern , I'aiicnaer Association , The Union Pacific railroad has taken a very leclded stand In favor of the continuance of homcseekors' excursions , which have for several years past formed an Instllutlon of considerable value to the west In aiding to srlng out prospective settlers. The Weslcrn Passenger association has just made strenu ous efforts to have the Union Pacific call off all Its homcseekers' excursions after June 1 , but the movement has corao to nil. General - oral Passenger Agent Lomax has Informed the Western Parsenger association that the Union Pacific railroad has arranged home- seekers' excursions tip until January 1 , 1899 , and proposes to grant the reduced rates for ill the excursions thai have been scheduled , Al Iho meeting of Iho Western Passenger association In Chicago nearly all of Wednesday wad devoted lo a consideration of Iho rale situation on western lines , which has been bad for some months. Among other means suggested for Improving the de moralized rate situation was to cut oft homcseekers' excursions as teen as possible. Nearly nil of the western linen had excur sions arranged for this spring , and most of them excursions up lo Jurte 1. H was de cided that It the Union Pacific would con sent the homcfiecketw' excursions should be discontinued after June 1. The Union Pacific railroad Is not a mem ber of the Western Passenger association , and on Ihe propostllca lo discontinue har vest or homcBcekcrs' excursions General Passenger Agenl Lomax of Ihe Union Pa cific did not agree wllh Iho other w.estern general paftsenger agents. In reply to the telegram asking htm It he would agree to cut off such excursions after Juno 1 , 1S98 , he replied that he would not , and added that ho had arranged homefieekers' excur sions up to Ihe end of the present year and propcscd carrying out the program he had adopted. It la believed to bo unlikely that the other roads will abolish tbo excursions In question wlthoul tbo co-operallou of Iho Union Pacific. The homoscekers' excurslbno are run en. a reduced rate of one fare for the . round trip , plus $2 , and the rates are generally offered on the first and third Tuesdays of each month. WIXUI.VG UP THK HECEIVEHSHIl' , Stillborn InHueH Another Order In thoVillon I'uclllc Cnnc. Another indication of Ihe approach of Iho final I winding up of Ihe Union Pacific re ceivership ( caee has been given In an order of ( Judge Sanborn just filed In the fedora court. ( 1 whlcli Instrucllons are given Iho receivers 1 lo haslcn In Iho matter of filing accounts ' of properties that have been In their bunds and are now In their posses- slon. ( As staled In Ihe order Iho Instruc lions l are given In view o * Ihe fact thai "the larger portion of Iho properlles havq passed lo purchasers under Iho decree o" foreclosure. " The order more specifically Instructs the receiver < o prepare on or before May 1 p. general statement of Ihe amount , character and value of Iho properlles which they nave had in their possession In the course of the suits or which they now may have. They are ordered also to file accounts In certain cases growing out ofjthe main case in which they bavo bad a part on or before June 1. Judge Sanborn says also that a final de termination of the compensation the receivers shall be awarded for their services In the main case and In the other suits and pro ceedings In which they have had control of properly shall be reserved until thcno ac counts are filed. In the meanwhile the re ceivers will not be allowed any further com pensation than the salaries they are drawing and which were awarded under previous orders of the court. This portion of the order disposes of the applications made by the repolvers for a raise , In salary. They were each given $12,000 for their services , but in view of the fact that they have had to act In a large number of cases dependent upon the main case they had asked that the amount of salary , in Ihe way of exlra compensation , bo Increased to $18,000. General Cowln , who is assistant counsel for Iho government in the receivership cases , said that the order Is preliminary to the wlndlns ui > of the case. PIIBSIDEXT GOULD IN OMAHA. Head of the Mlmioiirl Pacific nnd1 Iron Monntnln. Line * illcre. George J. Gould , president of the MUsourl Pacific and the Iron Mountain railway com panies , accompanied by Charles G. Warner , vice president and general auditor of the companies ; W. B. Doddrldge , general man ager , and H. G. Clark , general superintend ent , spent Thursday morning In Omaha. The party arrived in a handsome special train ovop Ihe Union Pacific railroad from Denver about 8 o'clock , and spent the day In con ference with other railway mmagnatee in this city. The party lefl Ihe train at the Union depot and teen afterward called at the Union Pa- clc headquarters , where they remained clotted wllh. President Hurt for some little time. In the meantime the special train was run around to the Webster slreet station of tlio 'Missouri Pacific. From Ihere the party , late in the morning , took a run out to the grounds of the Transmlsslsslppl Exposition. The stay Ihere was a short one , but long enough for President Gould to become con vinced of the broad scope of the great west ern enterprise and for him to favora bly comment en it to these who ac companied him. At noon the party returned to Ihe headquarters of Iho Union Pacific railroad , and President Gould was there waited upon by a rep resentative delegation from the directory of Iho exposition. From hero Presldenl Gould and parly will lake a trip of Inspection over Iho Missouri Pacific lines lo St. Louis , making stopo at Kacsas City , Jefferson City and other points. IIa \ underslood that a similar trip will be lakcn over Iho lines of Ihe St. Louis , Iron Mountain & Southern railway after leaving St. Louis , and after that President Gould will return lo New York. Injunction lllockn Coiinolldntlon. PARSONS , Kan. , April 7. Al Iho meet ing of the stockholders of the Missouri , Kan sas & Texas , and the Kansas Ctly & Pacific Railway company for the purpose of con solidating the two lines under the name of thf > Missouri , Kansas & Texas , a surprise was sprung upon the stockholders of the "Katy" company by the serving of an In junction on the "Katy" people to prevenl Ihe consolidation. The Injunction was backed by Iho estate of R. S. Stephens , which hold : 13,000 shares of Kansas City & Pacific stock They assert under Ihe consolidation theli shares would have to be exchanged for Mis souri , Kansas & Texas stock , which the ) state U of less value. After a warm dis cussion action on the consolidation was de ferred until May 10. The annual meetln ; of Ihe stockholders of the Kansas City & Pacific railway re-elecled H. W. Poor. Col- gale , Hoyt , H. C. Rouse of New York ; F. C. Stevens of Washington , D. C. : R. It Reynolds of Erie. Lee Clark and C. II. Kimball - ball of Parsons , Kan , The directors met anc elected H. W. Poor , president ; Colgate Hoyt vice president ; C. G. HeJge , treasurer ; aac S. M. Hallne , secretary ; Simon Stern , gen eral counsel ; James Hagerman , general eo llcllor ; execullvo committee , H. W. Poor Colgate Hoyt and H. C. Rouse. At the annual meeting of the stockholder ! Oft tt Missouri , Kaneai A Tcxu rallwaj , this afternoon , the following directors were elected for a term of tour years ; John D. Rockefeller , William Dowd , Joel F. Freeman and Charles 0. Hedge. The meeting of the full board of directors for the election of officers will bo held sometime next month , MST OP dtmsTIONS I'llEI'AllKU. Stntc tlonrd of Trnnnfiortntlon Serve * It on the Ilnllronilit. An ogre mcnl has been reaihed between the attorneys of the various railways In the state and the State Board of Transportation that certain written questions shall be sub mitted to cacti road by the board an.1 an swers Indicative of the road's financial con dition shall be returned to the board at the earliest possible date. H \\as announced to The Bee by one of the railway attorneys who was present at Iho hearing al Lincoln that the questions would bo along lines laid down In tlio deci sion of Iho United Stales supreme court In Iho Nebraska maximum rate cases. The questions will be as fololns The original cost ot construction of the lino. lino.Tho The amount expended In permanent Im provements. The amount and the market value ot the company's bonds and also ot Its stock. The present as compared with the original cost of construction. The probable earning capacity of the prop erty under particular rates prescribed by statute and thu sum required to meet oper ating expenses. The present freight and passenger rates per mile. The cost of operating freight and passenger trains per mile. xnoNltlnn Hilton. CHICAGO , April 7. The roads of the Western Passenger assoclallon mcl today lo consider Iho rales to North Pacific coast points and Mio rates and arrangements to the Transmlrslsslppl Exposition at Omaha. The problem In the rates for the exposition was how the , rates between Clilcago and Omaha should bo equalized with those be tween Chicago nnd Kansas City , bul Ihls went over. It Is expected thai tfho meeting will settle thcso matters tomorrow. Southern I'nrlflc OHleeTN. SAN FRANCISCO , iAprll , 7. Al the meet ing ot the board of directors of the Southern Pacific company , held In this city today , the following officers were elected for the coming year : President , C. P. Huntlngton ; vlco president , Thomas II. Hubbard ; second vice president , George Crocker ; third vice president , J. C. Stubbs ; fourth vice president , Julius Kratschnltl ; secretary and conlroller , B. C. Wright ; treas urer , N. J. Smith. I'reHlilent TlionuiK of the Erie. Omaha was quite Ions on railway presi dents during the day. In addition to Presi dents Hurt of Ihe Union Pacific and Gould ot Iho Missouri Pacific , Ihere was Hon. E. B. Thomas of New York , presldenl of the Erie railroad. President Thomas was In the city for a brief while during the morning. He came on the castbound limited of the Union Pacific and from Council Bluffs went over to Chicago on the Northwestern. Complete Hnllrond to AH I or In. ASTORIA , Ore. , April 7. The last splko on the Astoria & Columbia River railway has been driven and the completion of this roai gives 'tho first all rail Itao from eastern United States seaports to Astoria. J. O. Phtlllppl , assistant genaral frclgh and passenger agent ot Ihe Missouri Pacific has relumed from Chicago. General Freight Agent Sarpent of the Kan sas City , Plttsburg & Gulf Is In town from Kansas City , Mo. , and reports business along Ihe new north and south line lo bo verj 1 good. Superintendent Gibson of the Milwaukee who Is In the ally , has Just received a tele gram announcing the sudden death of R. R Wlntern , superintendent ot the Superlo division ot the Milwaukee roaJ , at Green BayWle. . Allen I. Blanchard of Chicago , the In von tor ot the B3nchard form of cash fare slips is In the city. His system of cash faro slip Is used on about twenty railroads and he * Is now endeavoring to secure their adoption on the Fremont , Elkhorn & Missouri Vr.lley railroad. W. B. Knlskcrn , general passenger and tlckel agcnl , and H. A. Gross , general east ern agent , bolh ot the Chicago & Northwest ern 'railway , passed Ihrough Omaha on Wednesday afternoon. They were return ing from a sojourn of ten days on the Pa cific coast. The stalemenl lhat W. R. Kelly appeared for the Union Pacific railroad , or the re ceivers of the Union Pacific railway , before the State Board ot Transportation at Lin coln on Wednesday la a mistake. Judge Kelly was nol in Lincoln al all. W. J. Carroll appeared before Ihe board at the hearing ot the Tibbies case , but says ho did not represent eltbcr the Union Pacific railroad or the receivers of the Union Pa- clflc railway. The resignation of B. L. Winchell , general passenger agent of the Union Pacific , Denver & Gulf railway , lo accept the higher pool of .general' passenger and ticket agent of the St. Louis & San Francisco railroad , drew out many complimentary notices for that progressive passenger man In local railway circles. It Is considered likely that Thomas Flther may be appointed general passenger agent of the Quit road. Ho has held the position of chief clerk to General Passenger Agent Winchell , and won formerly with tbe Union Pacific system when It Included the Gulf road , _ _ _ _ _ _ _ _ KIiIIV OF ULYSSES IS ROIU1EU. Minnie Doyle- and JncU WlKKlna In Jnll for Tiiklnn : III * Properly. Edward Kelly is another ntockrnan al Ulysses. Neb. , who has seen Iho seamy side of Omeba. Ho came hero wllh money and a gold waled ; now bo has neither. While taking in the sights Wednesday nlghl ho came across Mlnnlo Doyle In the proscribed dis trict and she treated him co nicely that he remained In her company. In the mornIng - Ing he discovered that ho had not only spent all ot .his money In revelry , but ttiat the woman had "touched" him for h' ' watch. Kelly went to Ihe central stallcn and told his story. Now the Doyle woman and Jack Wiggins are In jail , charged with working Iho "panel game" on Ihe farmer. Kelly has filed an Information against the pris oners , charging them with larceny frctn tbe person. Senrehlnic for Her Iliixliunil. Mrs. Eugene Welnbcrg arrived In Omaha ycslerday morning- with hsr 4-year-old ( lauchter from Kansas City and went to the city jail to get assistance from Ihe police to locate Vter husband. He Is a baker and came to ti'ie city several weeks ago In search of work. Thinking that It would bo more economical for the family to be together Mrs. Welnberg , wlthoul giving notice of her Intended move to her husband , came tc Oma'na with iicr child. Then she discovered that nho was among- strangers and could not give Iho whereabouts of her husband 01 tell where ho was likely to bo found. Sht Is at a iiotel and Ihe police are trying tc locate Wclnberp. MUtnUe About Tnrough mistake an old Swedish woman carried Ihe wrong valise from a train at the Union depot yesterdayi The woman wh < owned .t'le valise became much excited ovei her loss , and , together wlfti her husband hunted up a policeman and finally suc ceeded In recovering the valise before the Bwede woman had gone very far. In tin meaontlme too train pulled out and when the husband and wife had recoerevd from their excitement a little It dawned upon him that he had left hi * overcoat on th < train. Another excitinguceno ensued , tiul telegraphing to Sout'n Omaha , the coat wai recovered and will be restored to the couple > who had HO muca trouble with their po sessions. BARBER COMPANY'S ' CLAIMS Settlement Likely to Come Only After a Hard Lawsuit. BUS FOR REPAIRING ASPHALT PAVING Council Committee In Favor of He * lntliiK the Collection In Conrt nnd Will Ilcrommrnd ( In- Employ * * .airnt of Special Coiiimcl. The finance committee of tfio city council lias decided to make a vigorous light against the narber repair claims , and a recommenda tion , which will briefly outline the plan of procedure , will be submitted to the council at the next meeting. Although a dcfmlto arrangement has been postponed until aflcr the recommendation has been approved by 'tho council , It Is probable that Hon. Jamra M. Woolworth will be retained by the city to defend the case. City Attorney Connclt has declared himself out of It etnco his plan for a settlement was turned down and slnco ho refuses to act It was decided to procure special counsel. The committees ramo to the conclusion that If It was proposed to fight the case at all It was worth while to secure the best legal advice to be had , and Mr. Woolworth - worth was the unanimous choice. It li understood that the city will depend to tome extent on the contention that the repair contract was never legally executed , from the fact that no bids wcro advertised for and It was entered Into without competition , which the law requires. The rasp Is set for the May term of the United Statea court , and the preparations for the defense will bo begun as soon as the decision of the finance committee Is approved. PAV1XO COXTHACTOH. fiP.T HIJ.VDV. Operation ) ! AVIll lie Well Under W r. lit ii iI'Vw DIIJ N. The local paving contractors arc making active preparations to begin work ns soon as the weather becomes settled and the Indlc.v ; lions ore that by the mlddlo of the month pavlnz operations will bo fairly under way. Hugh Murphy has a gang of men getting South Sixteenth street ready far the asphalt nnd J. U. Smith la resetting the curbs on hla Farnam street district wlillo ho Is wait- In : for the completion of his asphalt plant. The Grant Paving company Is hauling slag for the completion of Its Farnnni street dis trict. The weather Is still somewhat too raw and uncertain to lay asphalt , hut In another week or two the contractors will b expected to start the work. I'edillern mid 11 on-ii Town Street * . Some of the peddlers and banana venders who operate In the business district arc much excited on account of thu ordinance now be fore the council which shuts them out of the Immediate buslnoru center , except by special permission. Some of these peddlers pay considerable turns to retailers for thp privilege of occupying a portion of the otreet near their places of business. One man pays a department store $30 a month to bo allowed to locate his aland In the ulloy adjoining ltd place of business. In most cases these rentals are paid under a leaua for a year or six months , and the peddlers assert that If thcyare driven , to. .Other localities 'tJS6y'Vrlll'loso this money ca well ae their favorite locatlqns. City officials assert that since the people who lease thei o tlands to the peddlers have no legal right to rent out the public streets and alleys they would be unable to enforce the lease , and they are not a little Inclined to put a stop to the practice of certain buel- nces men of deriving a revenue by leasing public property. The ordinance , however , la not designed to be prohibitive , but merely provides a regulation under which the llccnsa Inspector can compel the peddlers to remain at certain corners where they will offer th least Interference to traffic. Mortality Stmlintlc . The following births and deaths wcro re ported at the health office during the twenty-four Lours coding at nacn yesterday : Births Jamea Martin , 1410 Nortb Thirti eth , girl ; Charles A. Hogle , 3827 Decatur , Klrl. Klrl.Deaths Deaths S. A. Hanna , 72 , 3223 Mandersca , pneumonia , Forest Lawn ; Anthony Kllday , 05 , Eleventh and Davenport , pneumonia , St. Mary's cemetery ; Mrs. Callllmn , 95 , county hospital , old age , St. . Mary's. Uemovliiur Wooilcn . prolix. The effort of the Board of Public Works to B3curo ' 'he peaceable removal of the un- slchtly wooden aprons from the streets Is proving fairly successful. A number of owners are already taking up , the aprons adjacent to their properties and putting In the stone step required by the board. Ten days additional notice has been given and at the end of that time the street force will ba Instructed 4o remove any aprons that re main. PnlntlnK the City Hnll. The contractors who have the job of paint * Ing the Interior of the city hall have com menced work , and "fresh paint" will bo In evidence for the next few weeks. It Is promised that the job will be. completed long before the first exposition visitors arrive. IIUAltU OF IIAltllEIl EXAMINERS ; . I'nnlicn ItN Examination * ! Until Nearly , All Applicant * Are Thrnuttli. The Board of Barber Examiners has boon meeting two or three times a week to dis pose of the applicants. About 250 have taken the examinations and have secured the re quired certificates. With the exception of h special meeting to bo held on Tuesday , April 19 , the board will meet In the future only once a month ) . At the special meeting a few barber ? of the city who have as yet failed to take the required examinations will bo permitted to do so. The- meeting has been sot simply for their accommodation. As a result of the examinations there ara a few applicants who have not satisfied the board as to their qualification to follow the trade. These applicants will bo given on opportunity to satisfy the board In n prac tical way In the next few days by giving the members an exhibition of what they can do la the way of cutting hUlr anj shaving. WOMAN HUUT OX THE HTHUET. Mm. LlKBle Jflirk Knocked Down by ] n. I'a nluK Ten in. Mrs. Lizzie Jehrk of 2013 Pierce street woa run down by a borne at the corner of Doug las and Fourteenth streets wlillo crossing the thoroughfare and painfully Injured. Louis Gamer , the photographer , was driv ing In a buggy along Douglas street and ae he was passing the corner where the acci dent occurred ho did not notice the woman Immediately In front of tuo horse. She saw ; her dange-r too late to got out of the way and the next moment the borso knocked her down , trampling upon and crushing her left foot badly. The woman was also bruised about the body. She was removed to her homo In the police patrol wagon. 'Henry Whlllnir Cut * an Artery. Henry Wiltingof the Murphy-Wasoy company met with a dangcrouH accident yesterday at the. chair factory. While * opening some letters with a sharp knife It suddenly slipped , running through hla aand , and cutting a large artery. He was takoa to the city , but before they could reach hla p'nyilclnn's ofllco ho wns nearly exhausted from loss of blood. Dr. Hanchetl , who dressed the wound , says ho will soon re- coved , however. If blood poisoning does not follow , of which th Ago'gr think * there ! mtlo danger.