HIE OMAITA DAILY UREj TTESDAY , MAY ! ) , 1HS)5) ) ) .
NEWS OF INTEREST FROM IOWA.
Hk COUNCIL BLUFFS.
MIAOU Mn.
Davlfl n lln gliti ,
Mooro'n rood kill * wormi and ( Alton * .
lludwclscr beer. U Iloicnfolilt , agonl.
Victor hot wnler henturg nt Hlxby'a.
Jililson. I'ltsltirnK ) ' , l)21 ) ! Gtli nvonuc. Tel. 313.
Iowa Kiirfilturt it Carpel Co. , 407 IVwuy.
Jensen & Mnrtcnson. SJ1 llwny Rlvo " 8 in re"
I'lclurcii nml frames. C. 13. Alexander & 'Co.
Schinlilt's line photos guaranteed to prctise.
M. Cortictt of Ncoluvns In tliu city joatur-
< lny.
\ . C. Ulinn left on n Irlp lo Joplln , .Mo. ,
hint cvi'MliiK.
Mian Lull In linns Toft Inul evening on
vlflH lo filumla In Dcadwood.
C. II. JicfWinln ( | ft Co. , Jowolcra anJ op
ticians , 27 South Mnlii Htrrot.
JtiAtlco Ovlilo Vloii luft InHl evening on n
uiiftlncsii trip Id KIUIMIIB City.
Mr. nml Mrs. A. J. LMnRslono wont to
Kulrllclil , Ii. , yeHtoidny on n visit.
Clet your work done at tlio popular Englo
Iniindry. 721 llro. dwny. 'ptmnu 157.
LITy enmp N" . 1. Koynl Neighbors of
America , ulll meet this ovcnlng nt H o'clock.
The Council llliirtH llect ( Irowlng ussocln-
tlon ulll tncol tliln uvcnlng to complete Its
oignnUiitiin.
( UMIIKU T. I'hdps hart returned from Hot
Hprng * , H. 1) . , anil h.ia resumed his woik
nt thu poatolllcu.
A. Johnson , court bnllff at Avocnas In
tlio I'lty yesterday on business conncctcil
with the district court.
Congrpssiiwii Smith Mcl'licrson of lied
Oak \\ns In the city ycstoiday culling on n
number of his political friends.
A nmrrlngo llculisu wan Issuoil yeMiTilny
to 1'otur Campbell , UKIM ! (10 ( , ami S. M. Mor-
i.ui ; , URcd 00 , bulh of tills city.
The local Hoard of Health has not yet re
ceived any Instructions from thu iitato board
nt Ucu Molnt's as to vaccluatloti.
Mrs. Anna Iialtln , matron of the Chils-
tlan Home' , cnt to Oorydon. la. , yesterday
on huxIncHs connected with the liiHtltutlon.
Hurry Mitchell ban been appointed clerk
In the postolllro. Ho wan among those who
icccntly took the civil a-orvlco oxmnlnnllon
In this city.
Deputy Sheriff linker Is on the Hick list.
Mm. L , It. Couxliui , wlfo of the district
court bailiff , In routined to her homo with
n nnvuro attack of ncurnlgl.i of the stoninch.
Tim funeral of the late IMwIn W. nnnt ,
\\hlch v nn announced to lake place today ,
baa been postponed. Announcement nt the
time of the funeral vlll bo inn do tomorrow
morning.
Hlchanl C. Hills and SI. T. Wcston of Mla-
eoiirl Valley \\uro In the city yesterday and
In the evening attended the meeting of
Ivanhuo commandery , when the lied Cross
degree was conferrcil oil .1 iuim.bcr of can
didates.
John K.irlo , the "Biildo" Jewelry peddler ,
pleaded Ktillty In pollco court yesterday
mornliiK to Mealing the coat from thu "lay
figure" In front of Mctcalf's more , and
JudKo Ayli'swiirth sent him to the county
jair for thirty dayu.
Four nHW onsen of measles were reported
to the Board of Health yesterday. They
were Alllo Spearman. 2020 Seventh nvonuo ;
Hurl Julius , 270.1 Kourth nvonue ; Holbrook
child. ; HO North Sixth street ; Helen Schmidt ,
ZOO Grace streut. May , Isabelle and Louis
Kelley , 1021 Avenue 1) , were reported to bo
tmlfcrlng from whooping cough.
1) . Smith , n liveryman from Ktuorson , la. ,
came to Council Dluffs Sunday mid lingered
too long over the \\lno. with the result that
ho wan IInoil J5 and costs In the pollco court
ycHtorday mornliiK.Vhen taken Into cus
tody Sunday night and Hearched at the po
llco station ho wiut found to have several
hundred dollars In wish and n certificate of
deposit tor $1,700 In his pockets.
Itohert l.arsen , the Omaha young man who
nsplrca to ho n sleuth , was up hoforo Judge
Aylosworth yesterday morning on the double
chnrgo of currying concealed weapons and
Impersonating an olllcer. The judge read
him n severe lecture on the folly of his ways
and discharged him on the understanding
that ho piny the role of Hawkshaw olao-
where than In Council Bluffs. The young
mnn'n rovohor and nandcutfa wore returned
to him.
N. Y. numbing company. Tel. 550.
Heat facilities for storing stoves. Cole &
Cola's now warehouse. Ji and up.
Hot our prices on lawn mowers. J. SCollor
& Co.
luuulry UN lo Hiiniiltal I'liiul.
Owing to Surgeon Macrae , to whom the
$500 rnlsM hero for the hospital fund of
Company lj , Klfty-ilrat Iowa volunteers , was
cabled , liclng at the front , there has been
a delay In the money being turned over to
him. The members of the Sanitary Hellof
commission , thinking perhaps that the
money might have In some manner miscar
ried , called upon the Kttst National bank
of Omaha , through which It was cabled to
Manila , to Investigate. The bank wired to
A. M. Townsend of Nexv York , agent of the
Hong Kong & Shanghai Dunking company ,
and ho replied that hl cnrrrspondent at
Manila hnd cabled that Surgeon Macrae , be
ing ul the front. It was very dllllcult to gel
the money to him. Yesterday Ainmet Tln-
l-y , on behalf of the commission , cabled to
Surgeon Mncrao that the money was at Ma
nila subject lo hU order-
Tint burner of our gasoline stoves Is so
Blmplo In construction that , anyone can take
It apart niul put It together again In a few
seconds , j. Xoller Co.
Thomns I'ayno and Kate 1'ayno desire to
exproca their thanks to the kind neighbors
nml friends who assisted them In the sick
ness and death of their little Vera.
Lawn mowers , garden hose , screen doors.
window ' screens and poultry netting at J.
Zollcr' . % Co.'c.
lU-iil
The following transfers were tiled yester
day In the abstract , tttlo and loan otllce of
J , \V. Squlro , 101 IV.xrl street :
1. . 1' . Nevlns la A. A. l.tlchov.1 , lot .
WooU 5 , Squires' add. to Council
Hlufrs , w. il } 150
l.ucy A , linton nnd luislMiul to I < > o T.
Alliortl. south 120 feet of lot R , Tln-
U iy MibJIv. of outlet "P. " J. John-
son's ailil. Couiu'll Hlun - , w. d JM
John Vrnnrlhco and wlfo to J.V. .
I3.\vs ! , uml.U Inti rest nH sc > , SS-77-3 : ) .
w. d
Same to .inu\ part he J 15-77-S' ' , w. U. .
Charlie M. Trephngeu ami wife to
Krod K. Itritton and I'arolyn U. llrlt-
ton , smV w\t .i-75-JS , \ \ . d 1.WO
"Wilson X. McWIllt.-iins ot nl to Joseph
H. .M.mhi > . seC J1-7&-U. w , d . . . . . . .
Mary Ainelln Quick in Ullas J. Quick.
iVrnollus S. Quick nnd Nellie A.
V I'ougtu'y. \ > 4 nw'i J-17-IJ. . w d . . 1
Chicago , Kock Island & 1'aclflo Hall
way i-'onip .jiy 11 c'hle.igvllin .ukoo
i St. Tan ! Hallway iomun | > . parts
of lots . " . to lo. block 33. Klemlng > * i
D.xvla' add. to Council UlutTs , ij. o , d. 1
Total. eJght transfers J7.632
Soft White
IN A SINGLE NIGHT
Soak the handi thorough- ! retiring , In
a hot l thcr of Cinricnu. SOAP. Iry , and
anoint freoljr wltli Ctmct'Rji ( ointment ) ,
KtMtMt of emollient kln cum.Var olu
gliMM durlug ulght. The effect is truly won-
dcrful , and a bloating to all with mr * h.-un : ,
Itching i\iluu , and ] \ Iufut ting * r ec.U
LIFE INSURANCE POLICIES BOUGHT
fur CnkU 11 r l.ununl < lu.
K. H , SHKAFli & CO. ,
6 1'cnrl ktrect , Council Hlutli , lovrn.
CURRENHVARRANT EXPENSES
Judge Smith Decides They Must Bo Pnid in
Order of I'rcsenUtinn.
LAW DOES NOT APPLY TO COUNCIL BLUFFS
Aiiprnt Will HiTnUcn to ( lie Siilirctut :
Court nml tin r.lTort Will lie
.limitin ( ii-t Oiilnloii nt thu
I'lTMeiil Term.
JudKo Walter 1. Smith of the illstrlcl
court liaiidcd down his written opinion yes
terday In tlio null of N. 0. rhllllps nKalnst
\V. It. Heed , treasurer of the city of Council
DliilT.1 , brought lo determine the quiHtlon
whulher the wnrranto Issued for the curium
expense ! ) of the municipality fthould take
preccdenco In matter of payment of the old
oululamllni ; warrants. Judge Smith held , as
ho did la the former suit , thai Iho law pro-
vldlliK for tlio payment of current warrants
out _ of currenl revenues did nol apply to
this city , It Imvlni ; been organized us a city
at the IliHt class subftciiuent to 1SS1 , and
tlmt tlieieforo the warrants xbould bo paid
In the ordt'r of their presentation. An appeal
will nl once bo lakon to the RUprcmo court
and an effort made to have that body pass
upon It nt tlio present term. The opinion
of Judge Smith , In part , follows :
Upon the hearliiK of the former case two
( mentions were argued and determined :
Klrst Does Hcctlon ( ilS ! of the code , and
particularly subdivision If thereof , contemplate -
plato the payment of warrants for currenl
expoiiBcs nut of the funds of the currenl
fiscal year when there uro outstanding uu-
pald wnrranls for previous years ?
Second If the llrnt question bo answered
In the alllrmatlve , Is the makltiK of such
provision applicable to the city council of
Council Uluffs by the repeal of thu provision
nt the close of section S22 of McCIaln'H code
constitution ns applied to warrauls Issued
before the repeal ?
This court answered this question In the
alUrmatlvo and the Hecond In the ncgatlvo ,
and so sustained the demurrer to the peti
tion. An appear was allowed and taken and
the supreme court held the ruling correct
aa to the llrst question and reversed the ease
upon the ground that section COS of the
code was first enacted by the Twenty-second
general assembly as chapter Iv of Its laws ,
prior to thu Issiunco of any of Iho outsland-
IIIR warrants and that , as a matter of course ,
no constitutional question could arise , as
anyone who takes a warrant Is bound by the
luw existing at the time It l.s received.
In this opinion no reference was made lo
Iho fact that by Iho terms of section 1 ,
chapter Iv , acts of Twenty-second general
assembly , It did not apply to cities of the
tlrst class organized since 1SS1 , and the fur
ther fact thai 11 was alleged In the petition
that thu city of Council Hluffs was or
ganized In 1SS1.
Later the opinion of the supreme court
was temporarily withdrawn and an addi
tional1 per curlam tiled In which It was stated
In BUbstauco thai Iho point that section 1 ,
chapter Iv , acts of Twenty-second general
assembly , was not applicable to Council
muffs , had not been argued and so could
nol be considered. As 11 was necessary tenet
not only consider this question , but to find
that the section referred to did not only
apply to Council Illuffa before any consti
tutional question could arise , the supreme
court failed to puss nt all upon the consti
tutional1 question Involved.
It ought to bo said In Justification of the
way that the case was submitted by coun--
olln the supreme court that It was so
thoroughly and universally Htioun and un
derstood in this locality that section 1 ,
chapter Iv , acts of Twenty-second general
assembly , did not apply to this city that
the attorneys on both sldea demurred on
the onu hand and conceded on the other
that it did not apply , unmindful of the fact
that those residing elsewhere would not bo
as familiar with the subject as residents of
this city.
SlnttiU * I'liooiintltiitlonnl.
As a resull the question of thu constitu
tionality of the acl repealing the provision
at the close of section 1 , chapter Iv , acts
of Twenty-second gcnerat aMumbly , as ap
plied to holders of warrants in this city
Issued before the repealing law went Into
effect Is still open for determination and Is
now again submitted to this court as a pre
liminary to its hubmisslon to the supreme
court. I am still of the opinion that the
repealing statute * In question Is unconstitu
tional so far as warrants Issued prior to Oc
tober 1 , 1S97 , are concerned , because It Im
pairs the obligations of the contract be
tween the city and such warrant holders.
My reasons for this belief wuro qulto fully
scl out in the opinion delivered by mo In
the former action , which opinion Is no\v
made n part of the record In this case.
To thai opinion but llttl'u need be added.
In the former case It was suggested that.
asldo from section 1 , chapter Iv , acts of
Twenly-second general assembly , Ihe rev
enues of each year constituted a separate
fund and that the provision in section J.
chapter III , acts of Twenty-second i/ueral
assembly , that "warrant * ; shall bo paid in
Iho order of their presentation from the par
ticular fund upon which they arc drawn , "
simply meant that they should be so paid
out of any money in the given fund be
longing to the revenues of the fiscal year
for tlio expenses of which such warrants
were drawn. Of course this Is the true con
struction us applied to cities governed by
bectlon 1 , chapter Iv , acts of Twenty-second
general assembly , but as stated in the
former opinion , as applied to this city , such
n construction must bo written into the
statute , for It Is not to be found In the
statute. Itself.
The paint his now been moro fuiry argued
and I desire to add slightly to what 1 said
In the former opinion. When chapter Iv ,
acts Twenty-second general assembly , was
Introduced Into the legislature it did not
Contain the provision excepting tbls city.
It Is a matter of local history that this I
city , having nt that time outstanding warrants - I
rants to a largo amount , the payment of I i
which , If the law was passed as Introduced. I I
would bo long delayed If not defeated , at the
urgent sollcltatlen of the city government
nn amendment was added to the law except
ing this city from Its provisions M that war
rants could bo paid in their order without
reference to the > ear from the revenues of
which the funds wore derived.
It Is Impossible to convince anyone fa
miliar with the history of this law that It
was the Intention that In this city current
warrants should lie paid from current revenues -
enues to the prejudice of legal outstanding I
wnrranls.
1
It is suggested that me petition In this
rate. Is In one respect distinct from the
former cane In that In thu farmer case It was
alleged that when thu warrants Issued prior
to October I. 1S97 , and still outstanding.
were Issued the city was In debt up to the
constitutional limit. In this cnte It Is al
leged that at the time they were Issued the
city was In debt beyond the constitutional
limit.
Tho. use of this expression is not subject
to criticism , because It is universally em-
payed , and yet II seems to me that. In the
strict sense , the city cannot bo In debt be
yond Us constitutional limit , because when
il appears to be so In debt the excess of ap
parent Indebtedness above ihn limit Is void
It ! , not alleged that any of time war
rants were Issued at a time when the In
debtedness thus Incurred would , with the
other valid Indebtednei-a of the city , tucwtl '
f > per cent of the valuation of the taxable j i
property within the corporation and the lawfully - i
fully anticipated revenues from taxet al |
ready levied. This being so , I think the '
change In tha language of the petition does
not alter Its logul effect. j I
I cannot pass upon this law without some I
embarnusiuent , in view of the faot that
the ruling herein made upon the g me Usue > ,
joined hs once been reverted by the su-
preuic court. No dUre pect U meant by this '
ruling to my superiors , whoso holdings I
am afwayg prepared to follow , but under
standing as I do from the supplemental
opinion In Iho old rnfo , thai Iho supreme
court entirely disclaimed any Intention to
pans upon the question hero presented , nnd
having been wholly unahlo to reach nny
other conclusion , the demurrer to plalntlft'o
petition is sustained.
Kcmembcr our gnsollno stoves nro abso
lutely safe. No sniiiko , no smell , no ex-
Pfosloii. J. Roller & Co.
i > uo < ; iiiiiMis : orrun CITV couxon , ,
CiiiiMlitcrnlilTlini > Spent on Aiwird-
ln - CnulriU'tN for .Siiiillci. |
A great deal of the Bt-sslon of the city
council last night was upcnl In awarding Iho
coniracta for the nuppllcs for the various
city departments for the present fiscal year.
The awarding of these tlo bids caused con-
oldcniblo acrimonious discussion among the
counellmon nnd the arguments became so
heated nt ono tlmo thai Alderman Casper
threatened to take the awarding "Into poll-
tics , " there being four democratic nnd only
llireo republican couucllmcn present. The
discussion grow warmest over the contract
for the registration hooks on which tlio
Nonpareil company nnd Moorchouso Droth-
crs tied.
"In order to keep the matter out of poli
tics , " said Alderman Casper , "I move that
the contract .bo . awarded to Moorchouso
IJrothcrs. " This raised n protest from thu
republican members nnd Alderman Sayles
moved to nmond the motion by dividing Iho
contract between the two. Caspcr'a motion
carried on n strlcl party vote.
lly n blanket motion It wan decided tlmt
In all other cases of a. llo Iho llo bidders
should decldo Iho matter themselves by
drawing "cuts , " ns Alderman Casper ex
pressed It.
The contract for printing supplies was
divided among the Franklin Printing com
pany , Moorehotiso Urothors , Iho Nonpareil
company nnd K. C. Ilrnckett. Moorehouso
was the lowest on blank books and Iho
Franklin 1'rlnllng company on the printing
of the annual reports.
Walters llrothcrs secured the contract for
harness supplies , being lowest on all arti
cles except currycombs nnd nxlo grease.
Gilbert Hrothoni nnd Mulholland each hid
30 cents per 100 pounds on Ice and the con-
trad was awarded to the former.
The contract for oak lumber wont to A.
Overton and for plno lumber to Col Hafor.
The contracl for hardware supplies was
divided among IC. . DoVol , Peterson &
Schoculng nml Swalno & Maucr.
The drug conlract was divided between
0. II. Drown , 0. S. .Davis nnd Doll G. Mor
gan.
gan.J.
J. E. Urooks will continue to supply the
prisoners at the city Jail with Iholr meals
at 11 cents per meal and 5 cents when the
prisoner Is ordered a square meal of bread
and Missouri river wahsr.
Schultzo * Hill were awarded the contracl
for repairing lools. The Carbon Coal com
pany submllted a bid for coal , but on mo
tion of Alderman Shubert no contract was
awarded and none will bo until fall , when
bids will bo advertised for again.
Tlio chairmen of the commltlces on fire ,
water , pollco and health objected to
the city contrncllng for shoeing Ihe horses
of Ibo departments and this mailer was
laid over for a week.
The offer of Charles Colomnn lo compro
mise his claim agalusl the city of $1,500 for
alleged Injuries by n defective sidewalk for
$150 was rejected. Krom the report of the
city marshal , 'who hnd made an Invostlga-
tlon , It developed that the dcfectlvo side
walk complained of was In fronl of Colo-
man's own residence and that ho sprained
his nnklo while turning to shut the gate
Into his own yard.
,
Al Iho requcsl of the nock Island and the I
Lake Mnnnwa railways , a resolution was
adopted ordering the Milwaukee railway to
bring Its tracks on Thirteenth avenue be
tween Elgulh and Ninth streets up to the
established city grade.
Several of the aldermen complained that
the Omaha llrldge nnd Terminal railway had
failed to place proper sidewalks or crossings
at the Intersection of Its tracks and the
streets and' ' the city marshal was Instructed
to notify the company to at once do so.
Special complaint was made about the con
dition of the "Y" formed by the company's
tr.icks nt Fifth and Union avenues.
City Attorney Wadsworth , by vote of the
council , was requested to attend the meet
ing of the city attorneys of Iowa and Ues
Molnes next Thursday at the city's expense
and he stated ho was willing and anxious
to do so.
Before buying call nnd examine our gato-
llno stoves. J. Holler & Co.
Tlll > TI3US OF lU'HI.IC MimAllY.
IMiUM- for ( "ill-Ion of Historical niul
I.oral Inn-rout o Hi1'rovliUMl. .
At tlio regular monthly session of the
Hoard of Trustees of the public library
yesterday afternoon , W. S. Halrd brought up
the question of placing In the reading room
a case or glass covered cabinet to hold curios
and historical relics. Ho took the position
that such a collection would form an Inter
esting nnd at the same tlmo Instructive ad
dition to the library. From time to lime
relics of historical and local Interesl haa
been offered to the library , but not accepted
for want of a place to keep them , and Mr.
Halrd said ho bello\ed thai If a suitable one
were provided the library would soon con
tain a most interesting collection. The trus
tees expressed themselves ns being In favor
of piovldlng a place for t > uch a collection ,
but owing to the small attendance nt the
FCPtlon action was postponed until next
meeting.
Ttio' report of Iho librarian showed that
during April the number of visitors to the
Institution was 7,879 ; on Sundays , 17S ; num.
her ot registered book takers , S.271 ; the
number of books taken , 6,161 , classified ns
follows : Philosophy. S3 ; theology. 107 ; nat-
urnl Bclence , 453 ; fiction , 3,509 : poetry nnd
csays , 690 ; history and biography , 553 ,
travels , 406.
The additions to the library during the >
last month were 155 volumes by purchase ,
and 105& volumes nnd forty-six pamphlets
by gift. On May 1 ( lie number of books Ih
the library was S1.S72 , being IT/JiO In the
circulating and 4,652 In the government de
partment. During April magazines were do
nated to St. Bernard's hospital , Women's
Christian Association hospital nnd the
county Jail. The report of the finance com
mittee thowed that the balance In the 11-
brnry fund on May 1 was J913.5S. Hills to
the amount of $304.60 were allowed and or
dered paid.
Davis sells drugs.
Attend the Modern Woodman dance Thurs
day evening. May 11 , at Knights of Pythias
hall.
Welsbach burners at Blxby's. Tel. 193.
Our gasoline ovens are uncqualed for bak
ing and general appearance. J. Zolfer & Co
llullillui ; Pi-null" .
The city olflclals have reason to believe
that the ordinance providing that no new-
building shall be erected or an addition
made to nn old ono unless the builder thall
tlrst e > ecure a permit from the city clerk , for
which a uniform foe of 50 cenu U charged ,
It uot Ixdns lived up to. There are a great
number oi buildings In eoune of erection
and the number of permits Issued dots not
correspond. Since tbls fact was discovered
a number of builders have been notified of
the exWteuco of the oidlnance and In moat
caifs they have at once taken out the ueo-
e&sary permit. The city marehal nai been
Instructed to round up the d llnquemi. Yra-
Icrdny the following permits were Issued :
Leonard Kverctt , brick store building on
Broadway between Seventh nnd ICInhth
streets , to cost $4.000 ; Uock Island railway
depot , $20.000 ; Mrs. C. K. Honn , addition
to her rcldenco on Fifth nvcnUe , | l,000j
P. Peterson , frame cottngo on Harrison
street , to ccst $ SOO.
Lawn mowers nnd garden hose nt J , Boi
ler & Co.'g.
Court ItoiitN.
At the closx ) of the evidence for the
plaintiff In the McKcown-Allon damage suit
yesterday nftcrnoon In the district court
Iho nltqjnoys for the defense filed n. motion
for n dismissal of the case as to Peter lllef
nml wife , who hail been made party do-
fcmlnnls lo Iho suit. After n long nrgit-
menl Judge Smith overruled the motion.
The dcfonso will commence the Introduction
of its testimony this morning.
When the mandamus sull of U. N. Ellis
ngnltifil B. N. Waller was called up In dls-
Irlcl courl yesterday morning It was an
nounced that a settlement hnd been effected
by Wnllor delivering lo Kills the stale-
nicnts In controversy.
A partial hearing was hnd In the con
tempt proceedings brought by K. 1) . Pntton
against C. It. Ilannan , receiver of the Lake
Mnnnwa Hallway company. Patton has n
preferred labor claim ngnlnsl Iho Mannwa
railway , which the court has ordered Han-
nan to liquidate , but which so far ho has
failed to do.
The district court grand Jury reconvened
yesterday morning nnd nt once started In
to dispose of tlio business left over from
the March session , y
Atlorneys Sims nnd Stewart , representing
the Board of Education , will go before
Judga Urcon today nt Avocn nnd submit
the motion for the dissolution of the tem
porary restraining order Issued by him In
the Slack-Peterson Injunction suit.
W. C. Ultorback filed n demurrer to the
Indictment returned against him last Sep
tember on the chnrgo of obtaining money
and property under false pretenses. Pal
Fconey Is the complainant In tlio case nnd
ho alleges that he traded his half interest
In the livery stable In the old Dohany block
on Bryant strcel lo Uttcrback for 160 acres
of land In Missouri , which ho alleges ho
has alnco discovered Is not on the map.
Feeney also claims to have paid Ullcrback
$500 In cash. Uttcrback demurs to the In
dictment on the ground that It Is defective ,
inasmuch ns it docs not charge a crime
against the laws of Iowa.
The rehearing ot the suit of Klmball
Brolhers against Deere , Wells Co. before -
fore the supreme court Is set for Thursday
of ncxl weok. In Iho district court Kimball -
ball Bros , secured a verdict dgalust Deere ,
Wells & Co. for nboul $6,000 for breach
of conlract In respecl lo the manufacture
of scales. The supreme court nfllrmpd the
verdict of the district court , but Docrc ,
Wells it Co. applied for nnd secured a new-
hearing.
Our gasoline stoves nre the simplest , most
durable and positively safe. J. Zollcr & Co.
Ilctivecn ItullroiulN.
FORT DODGE , la. , Mny 8. ( Special Tele
gram. ) A big railway flghl has been In
augurated between the Milwaukee and St.
Louis roads at Storm Lako. Both roads
have been planning lines , the Milwaukee
from Dickens to Storm Lake and the Min
neapolis & St. Louis from Now'Ulm through
Spencer nnd Sioux Rapids to Storm Lake.
The Minneapolis & SV Louis had secured
Its right of way through the town nnd had
been given n quit claim deed from L. J.
Metcalf for a dep6t'slte , but which It neg
lected to have condemned for this purpose.
Sunday morning tWo 'Milwaukee succeeded
In gelling posscss'l6u''of ' the site. The com
pany fitted up a construction train at Fonda
under Trainmaster Horton of the DCS
Molnes " & Northern and went to Storm
Lake. Hero they laid 1,275 feet of track
directly across the grounds that hod been
secured by the Minneapolis & St. Louis.
Only the loosest kind of work was done.
ItCXOlUtlOKN Of UlHU > Ct.
SIOUX CITY , May 8. ( Special. ) In the
district court In Sioux City this afternoon
resolutions of respect to the memory of the
late Stephen M. Marsh were presented. It
was a touching tribute to the memory of
the man who for years was prosecuting at
torney inthe circuit court In this part of
the stnto nnd who later was county atlor-
ney of Woodbury counly. Nearly every
lawyer In Sioux City was present In court
and a number of them made brief addresses
of respect to their old friend and compan
ion. Finally , the resolutions were offered
and upon order of the court were placed
upon the court records. The Bar association
of Woodbury county feels deeply the death
of Mr. Marsh , who was one of the besl
known men in Ihls section of Iowa.
AVorUiiipn'N Grnml I.oilwri' .
MUSCATINE. In. . May S. The grand
lodge of Ancient Order of United Workmen
for the jurisdiction of Iowa meets here to
morrow for a four-days' session. Hundreds
of delegates are arriving and a heavy nt-
tcndauco Is anticipated.
MorijMiiullpox. .
DAVENPORT , Mny 8. Fifteen cases of
disease in I.eclnlre , la. , has been Identified
by officers of the State Board of Health
as smallpox. The Davenport council to
night declared a quarantine against Le-
clalre.
IMtM Of llMVIl \ MVH.
Crawford county Is free-of debt.
A horseradish mill has been established
nt Movllle. ,
The new county Jail nt Red Oak IE nenring
eomnletlon.
There are now 150 men employed In the
boat yards at Dubuque.
The new electric lighting plant nt Em-
metsburg Is In operation.
The old ferry baat John Taylor nl Bur
lington wns destroyed by fire. It was In
sured for $2.500.
W R. Pierce of Pnc City is engaged In
building a horseless carriage , or automobile ,
of his own Invention.
Mrs. Peter Sanders of Webster City is
Insane from Injuries received by falling
through nn open cellar door.
The Humane society nt Sioux City has
tnkcn up the plea of the shop girls for seats ,
as provided for by the statute.
The Board of Directors of Vernon town
ship , Huuibolilt county , will build cyclone
caves nt seven different school houses in
the township.
Mrs Kate Whltmlro of CInrlon has been
awarded n verdict of $2.000 damages against
A. C. Smith , a druggist of Eaglt Grove , for
selling whisky to her husband.
C. W. Whitman , the Falrfield nurseryman.
says he has lost 50,000 young trees the last
winter. Trees which were cellared or
heeled nre all right , but those which were
exposed to the weather nearly all died.
Ijwrence , the S-year-old win of Mr. 5nd
Mrs. John Border , near Victor , fell from
a ptow , bis leg being caught and twitted
round the wheel and Injured in such a man
ner that there Is not much hope of saving
the limb.
The city of Ida Grove Is having a well
dug at the pumping station twenty feet in
dinmeter and about twenty-five feet deep.
It U only about thirteen feet to the water
level , so it Is expected that the new wen
will have about twelve feet of water con
stantly.
puts heart and ability into one helps one ,
oxer .the hard place * in life Its merit is
assured by the fact that It is made by the '
Anhauser-Busch Brewing Awn. |
I
You cannot appreciate a good thing till you sec it. I have the
most complete up-to-date line on the Missouri river. None equal.
My line consists of the COLUMBIA VEHICLESNo better
made in the United Slates for the price. My prices are right.
Send for Catalogue and get the best vehicles built for the money.
-S Counoll Bluffs ,
y / ownS
LARGE METHODIST HOSPITAL
Building to Be Erected nt Dea Monies to Cost
Half a Milliou.
ARTICLES OF INCORPORATION ARE FILED
liiNtltutloii < o _ ll < > tliuler Control of
Mctlioillit Cliurolu'i of Io\vn Suc-
ucNKfnl ISxix'rlinoiit with an
At'ftj-lcnc
DES MOINES , May S. ( Special Telegram. )
S The Mcthodlsls have decided to erect nn
Immense hospital here nnd articles of In
corporation are to be filed this week for Ihclr
company with $300,000 capital. Ono hundred
thousand Is to bu spent on the building
The Institution will be known as the lowu
Methodist Hospital Association and will bv
under tbu control nnd management of the
Methodist churches of all Iowa. The chief
promoters nnd corporators will bo Theo
dore Mitchell , Dr. E. L. Eaton , Rev. J. II
Sensony , Itov. A. E. GrlllHh , Rev. T. McK
Slewarl , AV. H. Arnold , E. B. Evans , Mrs
J. E. Tone and Mrs. Annie Redhead.
The directors ot the Institution rtfo to be
elected by tlio shareholders , a port of
whom are to be from each of the four Meth
odist Episcopal conferences In the state , the
upper Iowa conference , the northwest con
ference , the DOS Molnes conference and the
Iowa conference. The directors will elect
the olllccrs of the Institution and select the
physicians.
The Great Western railroad tried an In
novation In railway headlights tonight am1
when the Kansas City train came In It hac
an acctyline headlight. A newspaper couh :
bo read at 1,000 feet from the engine am
objects could be ecen crossing the track at
half n mile. The experiment was very suc
cessful.
General Otis reports Ihe denlh on May 3d
of Edward Vaughan , prlvalo of Company C
of Iho Flfty-flrit Iowa of smallpox. In his
list of wounded ho includes George Shan
non , Company C. Fifty-first Iowa , hip
slight , on the 5th. Kdw-ard C. Vaughan's
homo was at Glenwood , Mills county. Ho
enlisted here In DCS Molnce Juno 15 , 1SOS , '
nnd was 21 years of age. George Shannon
was a private and enlisted at Fnlson , Mills
county , Iowa , Juno 15 , 1S9S , and was 23
years of age.
J. J. Mohre , employed by the Deerlng Har
vesting Machine company , at its branch
in this city , was arrested today for em
bezzlement. Ho made a written confession
and filed It with the police department.
Mohre sold 1,500 pounds of binding twine and
kept the proceeds , $143.
The citizens of Grant park fllcd a protest
with the city council today against granting
n right of way through that addition to the
Duluth & Now Orleans railway , which Is to
be built Into this city this summer. Two
mass meetings have been called by the cit
izens of that addition to take action. The
city wants the road , however , and It will
bo given" Iho right-of-way in one way or
another.
The State Board of Control today adopted
a policy to prevent depopulation of the stats
insane aiylums. Buchanan county demanded
the release of Ernst Perkins , whom It was
desired to keep In the county asylum nt
Independence , as it is- cheaper for the
board. The board refused and announcca
that tiereafter It will release no pallcnt
except on order of the County Insanity
Commissioners and request of the relatives.
Many counties have built their own asylums
and the board does not want to allow pa
tients to go to them. It Is claimed this order
violates the law , but the board will stand
jy It on the ground that the county asylums
and paorhouses are not fit places for Ihe
nsane.
J. W. Lee of Webster City was elected
a major In the Fifty-second regiment , Iowa
National Guard , tonlghl. Otto Hilc of
Boone was elected nt the first regimental
election. A third election will have to be
acid for the selection of the third major.
> ee secured a majority of the votes tonlgbl.
The resull was as follows : J. W. Leo of
Webster City , 23S ; P. 0. Refsel of Algona ,
163 ; W. A. Kirk of Sioux City , 122 ; H. A.
Gooch of Sioux Clly , 64 ; E. A. Kregcr of
Cherokee. 29 ; D. M. Adlo of Hull. 53.
Suicide for I.iivi- .
SIOL'X CITY. la. . May S. ( Special Tele
gram. ) Otto Stolze , a young German , shot
and killed himself here this afternoon because -
cause of a love affair. It Is said he made
an attempt to murder his sweetheart , but
she ran out of the room and escaped. The
man then shot himself through the head. He
was to marry the girl , but found out she
had been married several > cars ago and
was divorced. This seemed to prey upon
his mind and ho probably was temporarily
deranged when he killed himself this after
noon. He undertook to take poison first
and tried It on his dog. It killed the dog.
but Stolze did not take enough to do him
much harm and then he got a revolver.
TRUSTS ARE FORMING APACE
Window ( iliiMH C'omlilmwith ( ailliil
of ; ill(10(1,0(1(1 ( ( ( ( ami ( llhc-r COIIHO- !
iilntton * A n 11 o u u i-oil.
MUNCIE. Ind. , May S. The statement Is
now positively mede that the mammoth
window glass combine will bo completed
during the next few days and details of the
scheme hitherto kept from the public have
been brought to light. Glass men now re
gard the thing as fettled that the American
Window Glass association , which got * out
of existence May 30 , will be supplanted
promptly by the big concern about which
there has b en eo much speculation. It Is
said , on authority , that the new trust ill
be under the same name as In predecessor
and will Ue called the American Glass com
pany. U will be capitalised at { 30,000,000
and will control absolutely more than SK ) per
cent of the country's window gla.s produc
tion. Many o Ulcers of the new organisation
wilt be the same as those who held posi
tions in ( he old combines James A. Clum
bers will Ue the nominal bead of the con
cern , while Thomas E. Hart of this city
EVER
* You know down there you "Knlnl tell 'om nuthln you'vo
gel to show 'em. " And If you are thai way nbout your shoes
wo would like to sec you for a few nilnutca. Wo might toll you
how good nnd how cheap our shoes are till "Iho lion nnd Iho
lamb llo down logelher , " but If jou are "hnrd of believing" It
wouldn't put you on the road lo saving money on your shoes.
But If you bollovo your own eyes \\o can convince you mighty
quick. If you haven't ' tlmo to conic tnsldo just take a peck.
Into our windows.
Hamilton's Shoe Stoe ; ,
412 Broadway.
We were always taught to re
spect old age. A little boy should
do that. We are sorry we tooted
our horn in the old man's ears.
Truths are sometimes painful , espe
cially to people not used to them.
When you want good shoes go to
The bear is still chained.
BI
*
B
*
aM IO Cents. 5 Cents. g
M TWO JUSTLY POPULAR CIGARS. g I
H Distributors , |
B ? council Bluffs , m
and E. I. Phillips of Newcastle , Pa. , will
bo the controlling spirits. Besides those
whoso names have been given. X. K. Mc-
Mullen , a stock broker of Plttsburg : Thomas
Given , a Plttsburg banker , and Arthur W.
Brady , a Muncie attorney , will hold prom
inent positions.
A singular tbing In connection with the
formation of the combine Is the persistency
with which the Independent plants have re
fused to option themselves. In Indiana
there are said to be but two that joined ,
one , the Union of Anderson , n ten-pot plant ,
and the other , the Hurrle fnclory at Hart
ford City , with a twelve-pot capacity. An
independent plant nt Lancaster is the only
one In Ohio to Join.
There arc thee who contradict the trust
In Its statement that it will have 90 per
cent of all window plants. These persons
say that the combine can rely upon but
1.931 out of the 2,554 window pats in op
eration. This would be a trifle under 75
per cent. Allowing the combine claims all
the doubtful plants , they say that the or-
eanlratlon cannot be said to ha\o SO per
cent.
cent.The
The present available independent pro
duction is 500 pots , as opposed to the num
ber of trust pots named above. In course
of erection there are now four tank fac
tories , whoso capacity will equal 160 pots.
Thcsu factories are pledged to operate In
dependently of nny and all combines. All
these factories are being put up in Penn
sylvania , near Hazelhurst. In addition < o
this visible capacity it Is said there will be
put up In the gas belt of Indiana factories
with a capacity of 100 pots that will op-
erat . entirely Independent of the combine.
BELLEFONTK , Pa. . May S. An rxtea-
five deal In the Iron Industry has been
practically closed bere by whlh R syndicate
of eastern capitalists will become owners
of the Collins furnace and the i&O-tou plant
built here by Collins brothers in 1SST ,
which has been idle sine * ISM. The nov
company today also purchased the exten
sive ore mines of the Car/iepie company at
Srotla. sixteen mllcve west of hero , as well
as the ore rtghu on 1M arrac of land. The
arice paid could not be learned , but U
< nown to be large. J. W. O poArt of 1 ! 11 * .
foote. general superintendent of t Ootr l
railway cf Pennsylvania. aexotUt * ! tlw
deal and he will be preld Bt and pvneral '
manager of the company. It Is the intention '
w have the furnaea In hlat by July j. OP- }
erationt will b returned within ten d yt at
the ore romf , which have ba Idle .Iv !
months. Work will b given to over Mol
1 1 I i . i ' &t * < IStSf
One to 2 horse-power. Send for cata
logue nnd prlco.
I ) Will lIUADIjKY A CO. .
council iiirr .
rovr
WM.WELOH TRANSFFR I INF
ru Coiini-ll llliifr.
nml Omnlm.
Connections made with South Omaha.
Ills Hrown , HouucltiR Red Hugs Bit
neautlful Hetty H.vors Undl.v. Betty Bet-
" * boltle
0. R. GILBERT COMPANY
,
Successors , o Gilbert IJros. Established 1EM.
Taxidermists and Tannery.
If.Ol w.-m UronilMny. . .
Uellefontc company be known *
TOLEDO. O . May S.-P. P. Wbalen one
of the largest >
paint
manufacture In the
country. 8l.ea today thai the raeetlng of
paint manufacturers to b held In Chicago
Lfr I , PUrfHfe of raulae the IT" " ° '
paint
all
over the country. He alio stated
*
> M.AXD. O , May f.The . „ _
say tomorrow : According to
a high cflUial
of the Vanderbllt llnet in ( hit city the dc-
tails of a big railroad troit , whiffa. i < to
Include all the Hoc * between U ton an !
t nlrafo , arc now bUng worked out and the
contolldMlon ro , - w complied itbin the
* xt lew we k * . The roc nt p rcbase cl
hwt HUM In Xew York. Pen * > ha&ia
Oiilo. iQdisM * a.l Illinois * a in Lie with
the plane for tee contolldatloatth.h has
b * n in .
eontftmplatlt.B. U is MI the rir-
PO * to hav all the lin c under one wan-
AfemeM ftxaMly. but t apportiou them
* * u th
>
ng ronaiylvaala
OMtpany , the \ and -
d rbilt int < T * ts and the HslUmorc * i < h j
company. h * It dull haU B reo.sin
U J. Kivins to wch syitcm the lines tl-at
can uce ta the twit advaotate.