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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 30, 1899)
TJTE OMATTA DAILY BEE : TITBSDAV , MAY 30 , 18 0. APPOINTMENT DISPLEASES . f Qrvernor Makes a Mistake In Naming Men for the Brand Commission. POPULIST PAPER OBJECTS TO W , C , CAVEN Indue Print Denle * 1'Hlllon of Hart ley llomUineii for IlmtrnltilnK Order Attain * ! Sm > lh from Them. LINCOLN , May 29. ( Special ) -U seems the governor has made another mistake In his appointments on the fitato Brand com mission and has stirred up trouble In northwest - west Nebraska. The following from the Crawford Bulletin , a populist paper , re garding the appointment of W. C. Caven shows up some of the peculiar political characteristics of that part of the state : The news of his appointment to a posi tion by a populist governor will fall like a vet blanket on the majority of populists of this territory , who consider him , In a political sense , as fun of tricks as a dog Is of licas. Ho is not backward or sneaking nbout his operations , and Is aware that there arc a largo number who , though out- Bide of politics , place full confidence In him , would not trust him In political operations nny further than they could throw a male critter of the bovine ppccles by the caudal appendage , in evidence or which ho stated that ho failed to vote at the lust general election because the "ctuseE wouM aceuso him of voting ho rur > uKlcin ticket" He professes to ho n ( tumor-rat , hut pfayfully votes In a populist primary , allows himself to bo elected a delegate to populist county nnd state conventions , nnd then carries him self during the campaign In such a manner na to create the suspicion that he Is the distributor of republican "boodle , " oven to the extent of being accused of causing re publican whisky to bo sent to a strong populist precinct In order to Influence votes In favor of the republican legislative ticket. The appointment may have been made on the ground that ho Is a political hoiso that requires "hitching , " but ns near as we can learn , ho Is considered , especially among populists , "a tricky political broncho , " nnd liable to make a "break" nt any tlmo In any dlicctlon , no matter how ho is "hitched. " Copiei of the Bulletin containing this editorial wore circulated about the state house today nnd caused somewhat of a sensation in popocratlc circles. Denlen the Injunction. The petition IllcU In the district court liero by the bondsmen of ex-State Trcas- tircro Bartlcy , asking for nn order restrain ing Attorney General Smyth , Governor 3'oynter and other officials from prosecut ing them In Ornaha on Bartley's bond until after the liability of the Omaha National liank for $201,000 of the ex-state treaauior'a Bhortago is determined , was denied this afternoon by Judge Frost. A motion for a rehearing before the full bench was Im mediately filed by the attornejs ' for the Ibomlsmen. The court finds that the Injunc tion should ho denied on Judicial grounds , The temporary Injunction Is also vacated. Judge Frost expressed his willingness to have the case argued again before the full bench nnd this decision will probably prevent - vent the prosecution of the bondsmen at the present term of the district court In Omaha. The written opinion of the court In this case Is as follows : This Is an application for a temporary injunction Because of the finality of the court's order , If the application is denied , the plaintiffs should be given the benefit of nil doubt. It may also he said that the plaintiffs present a bill which appeals Btrongly to the conscience of the court , a bill which shows that as between them and the Omaha National bank , they arc sureties nnd It Is principal1. Without passing upon the sufficiency of the cause of action for equitable relief stated In the bill , it will bo assumed that Us allegations are ample for that purpose. In view of what has already been said , the plaintiffs would bo entitled to a tempor- niy injunction were there no Jurlsdlctlonal questions in the way. These questions in volve the relations and obligations of co ordinate courts , where one of them has ac- qulicd prior jurisdiction of the parties and of the subject matter In controversy. To the mind of the writer , the correct answers to these questions lead Inevitably to one consluslon , the denial of the Injunction by this court. Brleliy stated , the plaintiffs ask the dis trict court of Lancaster county to restrain William A. Poynter and Constantine J , Siivth , who , It is alleged , are respectively governor nnd attorney general of the state of Nebraska , tholr deputies nnd successors In office , from prosecuting in the district court of Douglas county a suit pending therein in behalf of the state , and against ex-State Treasurer Baitley and his bohds- men. The Injunction Is praied for only na to ono Item In that suit , amounting to $201,884.03. As to that item , this court la usked to determine whether It was em bezzled by Hartley , and If it was , to order that the Omaha National bank and the bondsmen on Its depository bond bo com pelled to pay said amount nnd to fully ex onerate the plaintiffs from the payment thereof The sum In question was on de posit to the credit of the state treasurer in the Omaha National bank , but was drawn out by the oheck of the state treasurer to illegally pay a warrant which had been Is- micd for the solo purpose of transferring from the general to the sinking fund the money lost to the latter by the failure ol the Capital National bank. Thn state having brought nn action for that Item , among others , in the district court of Douglas county , thlr court cannot above every other medicine stands the record of Dr. I'ierce's Golden Medical Discov ery us u remedy for diseases of the blood. etoiimch and organs of digestion and nutrition. The claim is made that the " Dlbco\ery" will cure ninety-eight jer- Bens in every hundred who are suffering from the diseases for \\hich it is pre scribed. That claim is based upon the actual record that it has cured ninety- i eight per cent , of who have used it , and the TUB number of these STOMACH reaches to the , hundreds of thou sands. Will it cure ) ou ? Try it. It is a wonderful medicine and has worked wonderful cures. Let 110 dealer sell you a medicine said to be "just as good. " Just as good incdicincb don't cure. " About ten > car * ORO I beRan to ha\c trouble with my sto.tuch , " writes Mr Wiu Conuolly. of Sis Walnut S > t , Lovaiu , Ohio " U got so bad that I had la lay oir uulte often two and three da > s a week , my stomach Mould bloat , aud I would belch up gas , aud was in auful distress at such times. I ha\e been treated by the bcst doctors In this < = "y bu' 8 ° ' no | IC'P ' whatever I wrote to you for aihice. You told me that by my > y ni n t o m s you thousut I had ( her complaint aud advised the UK of > our'Goldeu Medical Discovery' and Tlcusatit 1'cllcts1 in connection These medi cines I line taken as directed , aud amcry happy to ttate that I commenced to get better from the start and ha\c uot lost a dav tills * ura- JIHT on account of my stomach , I leel tip top aud better than I ) u\c for ten jeai * . " Dr. Picrcc's Pellets cure biliousness. Interfere by Injunction with the partita to th.tt suit Such Interference mould be both SRnlnst public policy nnd npnlnst the comity which It \ onsentlnl should exist between the co-ordlnn.tr > courts of thin tnnd Let It be borne In mind that the DouRlns county district court possesses jittt ns ample powers to relieve from the Injustice complained of nn docs this court. If the Injunction naked can be granted , then there Is logically no reason why some other court , or Indeed , the district court of Douglas county , could not In turn enjoin the plaintiffs from prosecut ing this action , providing the Jurisdiction could be obtained over them. Conflicts of Jurisdiction of this character would neces sarily result In leaning the respect of the public for the courts , nor do former ad judications sanction such procedure. The law as announced by the better considered cases , gives to the court first acqulrlnB Jurisdiction the power to proceed to a final determination , and Injunctions are ordi narily granted onfy to protect the Jurisdic tion of the court which has secured such priority. Our own supreme court has ac cepted this view , from the syllabus of the case of I'rugh against the Portamouth Sav ings bank , 48 Neb. , 414 , are taken the fol lowing paragraphs "Courts , Jurisdiction , Injunction After n federal court has acquired Jurisdiction of the parties and subject matter of a contro- \crsy a state court may not by Injunction or otherwise Interfere with the exercise of such Jurisdiction " "Accordingly , as a general rule , a utatc court will not enjoin parties to an action already In progress In a federal court from further proceeding therein " "The exceptions to this rule arc based upon the doctrine that In courts of concur rent Jurisdiction that which first has ob tained Jurisdiction of th parties and sub ject matter retains It for all purposes , nnd by all necessary process wllf protect Itself In the exercise of that Jurisdiction. " It Is true that In that case the dispute over the Jurisdiction arose between the state nnd federal courts , While there Is n sentiment that the state courts cannot In terfere with matters pending In the federal court , there are no reasons for the senti ment except such as apply with equal force to conflicts between different state courts. That was a case which appealed moat strongly to the equitable powers of the court. It was sought to enjoin the United States marshal from selling a homestead and the court concedes In the opinion that the sale should bo restrained , were It not that the state courts could not Interfere. It Is expressly said that the owner of the homestead must go to the federal court for his rericf. Thcro are two chief reasons why , form erly , It was necessary for courts of chancery to Interfere by injunction with the litigants , In common law courts , to-wlt : The latter had no equitable powers , nor were there provisions for bringing In new parties , which were frequently necessary In order to make a complete defense. These reasons , however , do not exist in this state. Under our code all distinction between actions at law and suits In equity ore abolished. This permits not only ancillary proceedings be fore the same court In order to obtain equitable relief , but also permits the setting up of nn equitable defense In that very suit. There are also provisions for the bringing In of additional1 parties where these are made necessary by the answer of the defend ant. There Is another reason , also Jurlsdlc- tlonal , why this Injunction should not be granted. The action runs nominally against the governor and attorney general individ ually , but it Is in reality against the state. The state being sovereign cannot bo sued except by legislative consent. The adju dicated cases do not clearly draw the line of tlomarkatlon between what are suits agalnBt public officers , Individually , and what are in reality suits against the state. The attorney general has cited the case of Fltts against McGhee , which was decided by the supreme court of the United States In Janu ary of the present year. That Is a suit against the attorney general of Alabama , and the court there held that : "A suit to restrain officers of a state from taking any steps by means of Judicial pro ceedings , in execution of a state statute , to which they do not hold any special re lation. Is really a suit against the stale. ' While that case Is perhaps not absolutely conclusive of the one at bar , etlll it would seem to Justify the attorney gcneraL's con tention that the present suit Is against the state. In answer to this "the plaintiffs say that as the state has descended from the piano of Its sovereignty by the institution of a suit concerning this matter In the dis trict court of Douglas county. It cannot now urge its sovereignty to prevent Jurisdiction but stands exactly as any Individual would. That rule loses Its force when applied to the present suit , as It is an entirely independ ent action. In order to get any benefit therofiom the plaintiffs must make this pfea as a defense in a suit already Instituted by the state In Douglas county. In view of what has been said , the ap plication for temporary Injunction must bo denied and the restraining order heretofore entered vacated. riiiiix fur Memorial Day. Tomorrow the old and the new veterans will do honor to the soldier dead of the two wars. Instead of the solemn Memorial day parade being led to the cemetery by a flfo nnd drum corps , ns has been the cuotom for years past , the old soldiers will fall In behind the veterans of the Spanish-Ameri can war and will march to the burylnfi grounds for the performance of an added duty. The three regiments of Nebraska In fantry will bo represented in the procession , Upon nrrl\al at the cemetery Company P ol the Second regiment of the National guard , and the ex-soldieiB of the Spanlah-Amerl- lean war will form In two ranks facing each other , the Grand Army men marchlns through the lines and saluting , after which squads will bo detailed to decorate the graven in districts assigned to them. After the reassembling of those who have been on detached service the next In order will be a memorial service of the Grand Army ol the Republic , during which the salute will bo flred by ex-Nebraska soldlera of the Spanish waf. After the conclusion of the Grand Army ceremonies the Woman's Re lief corps will conduct Its ritual service in memory of the unknown dead and two mounds will bo dedicated to the memory ol those who ( ell In the last war. At the plat form In the cemetery grounds the exercises will open with a bugle call , followed by prayer by Rev , Byron Deall. Lincoln's Get tysburg address v/ill bo delivered by Post Commander H. W. DavU. Ten-mlnuto ad dresses will bo made by Colonel John H , Mc- Clay of the Third regiment , Mre. Nellie C. Hards and Captain A. C. Campbell of the Second regiment. The exercises will close with the eong , "America. " Lincoln Ioualolin. . The authorities of the State nnherslty announced today that the university radets would not be permitted to play base ball on the campus on Memorial day. All uni versity -\\ork will bo suspended tomorrow nnd the gates will remain closed during the cnttro day The cadet battalion of the State university returned to Ashland yesterday afternoon after participating In the memorial services over the remains of the late John M. Stot- eenbori ; . When the encampment was planned several weeks ago It was not thought that the remulno would bo brought to Lincoln , Special memorial services were held yes terday morning In the First Congregational church for the men lost in the three Ne braska regiments. Three members of the Congicgatlonal church In this city were lost In the ecrUce. The annual baccalaureate sermon before the graduating class of the Lincoln High echool waa delUercd at the Klrht Congrega tional church last night by Rev. William Manss , The speaker tpoke in terms of re gret over the departure of so strong a Christian educator as Superintendent Saylor , who will soon leave the city to take charge of the city schools nt Spokane , Wash , The sermon was based on Paul's words : "For all things are yours. " The work of the college settlement In this city has been enlarged during the past year. Members of the faculty of the State uni versity met at Chancellor Mad.can's house yesterday afternoon to receive the report of the college settlement committee , which ehowcd the work vo be In a incut prosperous condition. Two open houses have been maintained during the college year with reading rooms , game rooms , sowing school nnd literary societies. IIIIADV ISLAM ) SIJKS A IIAIMIOAD. lltirllnRtnn nt Work on nn Rxtcnalon from t'nrnnnt , BRADY ISLAND.Neb. , May 29. ( Special ) This bit of a town , which claims to bo the oldest In the state of Nebraska , but which has been stunted slnco Us birth , Is Just now worked up over the prospect of becoming n railroad center All of this Is the result of the fact that the Burlington has commenced some railroad construction In this neighbor- 1'ood wtilch Is enveloped In enough of mys tery to cause n world of speculation. Cer tainly a new railroad la coming. Surveyors have been laying out the line for It for eomo time , nnd within the last couple of weeks a gang of graders has started upon the route In two spots This supplies enough founda tion for our dreams oven If they know only the beginning point of the new road and MO at yet In Ignorance of its terminus. They know that It will leave the main line of ttio Burlington a few miles from Farnam , that It will run through Brady Island , that It will pass through Dawson nnd Lincoln counties nnd reach Into Custer. It Is pretty well established , too , that the extension Is to run Into Wyoming nnd that 423 miles of It have already been surveyed , but Its ter minal point Is as yet unknown. Many people - plo believe that Ogdcn Is the final objective point. From Ogden the road cnn easily con nect with tfec coast , but talk about this Is all speculation. People hereabouts are especially Interested In the extension of the road Into their midst. Farmers In this section of the country do not wish to disparage any other part of Ne braska , but they nre confident that they own the richest nnd most fertile portion of the state. With the Burlington In this sec tion In n position to compete with the Union Pacific It will redound to their benefit , as they will bo able to more easily nnd cheaply ship their products. The farmers , however , are not In the state of ccstacy in which the Inhabitants of Brady Island arc living , for the latter arc looking Into n bright future. From what they can learn , their town is booked to bo the dis tributing division point of this new exten sion. North Platte , but a few miles away , Is a division point of the Union Pacific and this fact Is held to bo responsible largely foi Its growth. Btady Island looks forward to the tlmo when It will possess even greater Importance than North Platte. The extension will come Into Brady Island from the east , it will cross the Platte rlvei n short distance away. The preliminary sur veys for the bridge have already been made and the spot where It la to cross the rlvci has been selected. A point has been chosen where there are three Islands. The sup ports of the bridge will bo located upon these. Before the extension Is completed con struction will bo commenced upon some ex tensive machine shops In Brady Island. A big roundhouse Is also to bo located at the town , and other buildings that are necessary at an Important division distributing point , Those Improvements will naturally bring people to Brady Island and with the people will come long-wlshed-for enterprises. Foi example , the Omaha Elevator company has given assurance that If things are to bo as they arc reported they will Immediately build at Brady Island an elevator with c capacity of 30,000 bushels. As has already been stated , a gang of met Is already nt work grading the roadbed fron : the point where It leaves the Burlington main line. Reports have It that the worli Is to be puehed as rapidly as possible and It is therefore possible that the extension will bo almost , If not completely laid within the year. COMTAXY H IS CJIVJJV A BANQUET , ( nllnut UOJH nt the Klrnt Not Forgot ten In the KcHtltltlcN. PLATTSMOUTH , Neb. , May 29. ( Special Telegram. ) The cltlzens-of Plattsmouth did themselves proud this evening In entertain ing and banqueting Company B In Water man hall. The "Q. Z's" had charge of and furnished an abundance of excellent fat- ables. The Plattemouth Mandolin club fur nished good music. After an Invocation bj Rev. H. B. Burgess , Mayor F. < M. Rlchey was Introduced by r. E. White , toastmaster , and delivered the address of welcome , which was responded to by Lieutenant C. A. Raw Is , Teats were responded to as fol lows : "Third Nebraska , " Captain George Sheldon ; "The Army Canteen , " Hon. H. D Travis ; "Tho American Flag , " T. Franfc \ Vi'"The South nnd North , " Judge B. S , Ramsey ; "Tho First Nebraska of 1S61 nnd the First Nebraska of 189S , " Hon. R. B , Windham ; "Our Government , " County At torney J. L. Root ; "Women of Our Land , " Hon. William Neville ; "Benefits of War , " Byron Clark ; "War and Peace , " C. S. Polk ; "Tho Soldier of 1861 , " Hon. S. M. Chapman ; "Our New Possession , " Judge A. N. Sulli van ; "Our Relations with Foreign Govern ments , " A. J. Beeson ; "The Spaniards , " D , O. Divyer ; "Tho Volunteer , " Prof. J. G. Me- Hugh ; "Tho American Navy , " Judge G. M , Spurlock ; "Dowoy nnd Schloy , " 'Mathew ' Gering. Verdict of fitillty. AUBURN , Neb. , May 20. ( Special. ) The case tried in district court last week in which Clem nnd A. P. Wilson were charged with embezzlement was given to the jury on Saturday evening , nnd before morning a verdict of guilty was returned. Wilson brothers were born and grew to manhood on a farm near Johnson , and less than two years ago graduated in a law course and opened an office In Johnson , where they showed great energy ns collectors. They had for collection a note secured by mort gage on a pleco of land , the title to which was clouded. They claim to have bought the note at very low figures , while the old woman who owned the note claims that she assigned it to them for collection. The motion for a new trial will bo argued on Wednesday. ( rnftnii IliiHliicNH Sin n . GRAFTON , Neb. , May 29. ( Special. George H. Warren , the pioneer grain and coal man of Grafton , moderator of the school board , secretary of the Grafton Cem etery company and one of the best known and esteemed men In Fill mo re. county , left for parts unknown Friday evening. Yes terday morning letters written by him from Omaha to various parties state that finan cial troubles are the cause. Mr , Warren some years ago failed , but was given tlmo by his crcdltlrs , none of whom have lost a dollar. He says ho will pay out every cent , and the general opinion Is that ho will dose so again. Just how bad the break Is , Is not known , but regret Is universal that ho did not stop and "face the music. " nK Uolit nf Allen HI II ex. MADISON , Neb. , May 29 ( Special. ) The members of the Allen Rifles ( First Ne braska ) who nro hero have a plan to propose for the purpose of raising the armory debt upon substantially the following lines : The citizens of Madison will bo asked to loan any amount they may desire , and , when enough money has been raised , that a responsible business man bo appointed to hold the deed to the property in trust until such time aa the company may bo able to repay the borrowed money , Loiilnt Illf * .Store Itoblieil. PLATTSMOUTH , Neb , , May 29. ( Special ) A telephone message from Louisville in- forcd Chief of Police Slater that the ctoro of Jacobson of that city had been entered and a suit of clothes , a pair of trousers , a pair of shoes and a gold watch had been stolen. The only clue Is a pair of No , 0 shoes , which the thief left for a pair of new ones. HI * llrnil Off wllli Sliotciin. OSCEOLA. Neb , May 29 ( Special Tele- gram. ) C. O. Oleson committed suicide at the homo of Albert Bcrgreen yesterday by blowing the whole top of his head oft with n shotgun. Ho watt unmarried , 28 years old. Ho went from hero to California several vcars ago and returned two weeks ago , and seemed to bo In good spirits. rti.piTs 11 o ito.MHi Tii VITIHA. > S. Memorial Sort Iron Hold In Mnnr TOUIIM Throughout > ehrn Un , PLjATTS.MOUTH , Neb. , May 29. ( Spe cial. ) The usual memorial services were held In the Pcrsbyterlan church yesterday afternoon at 2 o'clock. Rev J. T. IHIrd , pastor , delivered a very appropriate sermon. McConhlo post No. 43 , Grand Army of the Republic , Woman's Relief corps , Sons and Daughters of Veterans and citizens crowded the building to Its utmost capacity. It was noticeable that many old soldiers who were present on former occasions did not respond spend to roll call. HUMBOLDT , Neb. , May 29. ( Special , ) A memorial sermon was preached In the City park yesterday morning at 11 o'clock by Rev. W. S Pryco of the Presbyterian church. The morning was a beautiful one and a largo crowd was present , the * Grand Army post attending In a body. Services at the churches were dismissed and the pastors and choirs assisted In the memorial service. GRAND ISLAND , Neb. , May 29. ( Spe cial ) Elaborate memorial services wore held In Trinity Methodist Episcopal church In this city. The services were attended by a largo representation from the Grand Army of the Republic , returned volunteers of Company M and High school cadets , augmented by our citizens. Rov. Dr. San derson , formerly of Omaha , delivered a magnificent sermon. Dr. Sanderson will deliver a sermon spe cially to traveling men on Sunday , June 11 , the local council having selected the date. BLAIR , Neb. , May 29. ( Special. ) Yes terday union memorial services were held nt the opera house under the ausplcre of the Grand Army of the Republic nnd Woman's Relief corps of this city. Rov. Barton delivered the sermon , which was ono of the beet ever given In the city. It was filled with beautiful thoughts , clothed In beautiful language and full of Inspiration nnd good cheer. Kxtcnslvo preparations have boon made for Memorial day exercises tomorrow. GIBBON , Neb , May 29. ( Special. ) Me morial services were held In Babcock's open house yesterday. Tomorrow Gibbon will ap propriately observe Decoration day. DOUGLAS , Nob. , May 29 ( Special. ) Me morial services were held jcstcrday nt the Methodist Episcopal church. The McthodUt pastor preached the sermon. The Grand Army of the Republic peat here will decorate - rate the graves and then visit Palmyra post nnd Join In the exercises there. SHDLTON , Neb. , May 29. ( Special. ) Memorial services were held In the opera house hero Sunday nnd were largely at tended. The room was decorated with flags and bunting and the portraits of many prom inent statesmen were distributed around the stage , a large one of President McKlnley being the central figure. Rov. Webster of Grand Island delivered n patriotic sermon. EDGAR , Neb. , May 20. ( Special. ) A union memorial service was held yesterday morning In the Methodist Episcopal church. The church was beautifully decorated with flags nnd bunting , the portraits of heroic dead and beautiful mottoes. The sermon , by Rev. W. J. Scott , was a splendid tribute not only to the heroic soldier dead , but also to the surviving veterans of the civil and late Spanish war. The day was flno and the attendance was very large. CLAY CENTER , Neb. , May 29. ( Special. ) The largo court room was crowded yes terday afternoon to listen to the memorial sermon which was delivered by Rov. W. B. Harter. Besides the Grand Army of the Republic post and Woman's Relief corps of this place there were o number of com rades from other points present. In the evening a special service was held In the Congregational churchy at- which the post attended in a body. The subject was : "Our Flag and What it Means. " I'UDMC SCHOOL COMSrENCE/MENTS. IntcrcntliiK CxcrclMCN nt the Clone of tlic School Yenr. STROMSBURG , Neb. , iMoy 20. ( Special. ) The annual commencement exercises of the Stromsburg High school took place at the opera house Friday night. Miss Slgno Norman was awarded a gold medal for excellent work In mathematics nnd several other medals were awarded for good work In other lines of study. At the close of the program Mrs. Belle M. Stoutenborough gave a very Interesting ad dress. The class consists of the MissesSlgnc Norman , Fannlo Klersclbacb , Sclma Ryd- berg , May Neugent , Hannah Backlund , Lulu Blxler , Loulla Jones and Annlo Boberg. BLAIR , Neb. , May 29. ( Special. ) The High school commencement exercises , held at the Opera house Saturday evening , were an entire success. The hall was beautifully decorated and the twenty-two graduates wore out In very neat attire. The houEO was crowded to its utmost capacity. The grammar school graduating exercises will take place today In the largo assembly room of the High school. This class num bers forty-four and at least forty of thorn are expected to enter the High school next fall. fall.BRAINARD BRAINARD , Neb. , May 29. ( Special. ) The Bralnard High school graduating exer cises were held at the opera house Saturday night In the presence of a largo audience. The following are the graduates : Olllo Me- Elvaln , Halllo Smith , Pearl Flcek , Mabfo McElvaln nad Emll Kavalec. BATTLE CREEK , Neb. . May 29. ( Spe cial. ) The High school alumni banquet was given at the opera house Saturday night. About fifty members and Invited friends were present. Prof. Funk acted as toast- master. Recitations were given and speeches mado. llchlnil the Ilnro. DAKOTA CITY , Neb. , May 29. ( Special. ) Samuel Dcarlng Is now confined behind the bars , being delivered up to the sheriff by his bondsmen , L. L. and C. A. Hclkcs. On Wednesday Deputy Sheriff Smith nnd M. L. Lothrop , representing Smith & Flan ders , commission merchants of Sioux City , left In search of James T. Willis and Will C. Ream , who had In their possession sev eral teams and other goods belonging to Dcarlng , and on which Smith & Flanders held a bill of sale. The travelers were over taken at Missouri Valley , where Deputy Smith left Messrs , Lothrop and Ream to return with tbo goods. HlKh School Athletic * . CLAY CENTER , Neb , , May 29. ( Special ) Saturday was a gala day here , it being the first annual field day for athletic sports of the High schools of Clay county , and proved to bo a great success in every par ticular. Thn attendance was very large. The score of points on all events was as follows : Harvard , 48 ; Clay Center , 33 , Falrfleld , 28 ; Sutton , 24 ; Edgar , 3 , In the base ban game between r airfield and Harvard the former won easily by a big score. TnUfH HIM On n l.lfe. BLOOMINGTON , Neb. , May 29 ( Special ) William Felrke , a farmer Jiving northeast of hero , committed suicide by hanging him self In bis barn Ho had been constantly GRAIN-O BRINGS RELIEF t ° ifie..ofrt ? drlnk r. Roffee drinking la . habit that In universally Indulged In and almost ai universally Injurious. Have you tried Graln-O ? It I * almost like coffee but the effects are Just the opposite Coffee upsets the stomach , ruins the digestion ef fects the hivirt and disturbs the whole nervous uyetem Oraln-O tones up the stomach ach , aids digestion and strengthens the nerves Theie la nothing but nourishment in Graln-O. It can't bo oU erwl . i * about the wnr In the Philippine * , tie \\zt 40 jrars ot ago , married and had ono child. CLOUDBURST AT HARTINGTON Ccilnr County t < > Ivlleil lir n Itnln Storm Hint llocn t'onihler- nhlr n HARTINOTON , Neb. , May 2 < > ( Special ) Iast night a cloudburst visited the north- cast part of this countj , thoroughly dolug- Itig ttic country. Houses wore Hooded , barns and othet buildings swept away and some stock dtowncd. It Is reported that cvcrv bridge on the East Bow creek from Us source to the Missouri has been carried away. It li Impossible nt this time to esti mate the extent of damage don- . During the same storm a cy 'lone appeared several miles west of town. It dipped to the earth In two places , but did no damage. to speak of. The Cattiollc church and priest's residence at Monomlnee , this county , were shattered by lightning. I'lcnt ; of llnln. BASSETT , Neb. , May 29 ( Special. ) The wet weather which has been almost continu ous hero during the last two weeks appar ently terminated last night In the heaviest rain the county has had for severar jenrs. About two and a half Inches of water fell and the lower lands are Inundated and many fields of griiln nro under water. The crops are not far advanced and unless It continues wet the damage will be small. WEST POINT. Neb. , May 29.-Speclnl. ( ) Another rain visited this section Sunday evening. For twenty-one tlajs It 1ms ralnctl every day. Country roads are very heavy and business Is suffering in consequence. Wheat , oats and gardens are looking line. Early vegetables are plenty and che-ip , but the outlook for corn on low lands Is poor. Immense areas win have to bo replanted. EDGAR , Neb. , May 29. ( Special ) A heavy rain nnd hailstorm combined visited this vicinity yesterday afternoon between 1 nnd G o'clock. The storm wa" ) not ac companied by wind In this Immediate vi cinity and no damage was done by the hall. But from two to four miles south of Edgar the storm of both hall and rain was very heavy , accompanied by a strong wind , doing great damigo to crops and buildings. Corn It Is thought will recover , but the wheat caught In the hall belt is ruined. 111 the Cjeloiic'N I'ntli. AURORA , Neb. , May 29. ( Special. ) A strip of territory n half mlle wide and extending - tending almost through the county was dev astated by a cyclone Saturday evening about 7 30 o'clock. The funnel-shaped cloud first touched about four miles north west of this city nnd swept toward the northwest , carrjlng away cverjthing In its path. At least a dozen farmers lost every thing in the storm , the houses , barns and sheds being scattered along the track of the etorm. Trees were uprooted , crops de stroyed , stock killed , but no human lives lost , ono injury of two broken ribs being all that is so far reported. The Danish church was utterly demolished nnd scores of people arc homeless and dcaolutc , having lost overs thing. Severe IlnllMnrm nt Ilondntul. ROSELAND , Neb. , May 29. ( Special. ) The severest hailstorm that over visited this vicinity swept down upon us yester day afternoon at 3 o'clock. Seventy-five per cent of the window lights on the south and west side of buildings that were un protected were broken in Roscland. Ono hailstone was measured and it was found to bo sit Inches In circumference. The storm only covered a small area , but grain Is pounded flat Into the ground and the- fruit Is all knocked off In this small area. PLATTSMOUTH , Neb. , May 29. ( Spe cial. ) A heavy lain fell In this vicinity last night , which will do much good to growing crops and vegetation of nil kinds. Most of the corn Is up and looks fine , many pieces having been cutlvated. Rnllronil Accident nt niucrxon. DMERSON , Neb. , May 29. ( Special Tele gram. ) As freight train No. 11 was going north this afternoon the sixth car from the engine Jumped the track , two miles north of Nacora , taking eight other cars with It into the ditch. Brakcman Maltby was thrown clear across the right-of-way and sustained serious Injuries in the back , but no bones were broken. Conductor J. E. Burnham received a bad cut In the fore head. The injured men were brought to Emerson. Wrecking crewo had the track cleared for the passage of trains In about four hours. Aid for C > clone hulTerern. CENTRAL CITY , Neb. , May 29 ( Special Telegram. ) 'Major ' Glatfclter has author ized W. C. Kerr , cashier of the Fanners' State bank , to receive nil funds for Ham ilton cyclone sufferers that may bo offered by Merrlck county citizens. These who had no Insurance will need aid. Killed In llntirond YnrdN. ALLIANCE , Neb. , May 29. ( Special. ) The young man killed In the railroad yards Friday night was Ray L. Cameron. He leaves only a brother. Cameron was to have been married soon to a young woman at Seneca. IMiit for n Monument. AUBURN , Nob. , May 29. ( Special. ) A plat of ground will bo deeded nnd dedi cated on Wednesday for a monument for the soldiers of the last three wars. Hull nt Clhlioii. GIBBON , Neb , May 29. ( Special ) Hall fell here Saturday evening averaging almost as large as hen's eggs. No damage was done < o speak of. SI n li round Demi. MARYVILLE. Mo , , May 29. ( Special Tel egram. ) Thomas Hanoy , a wealthy and aged man living near Clyde , was found Disfigured By Skin Scalp and Blood Humors and Loss of Hair Is the condition of thounamls. To all no af flicted , warm liatlia with CirnruiiA BOAI- , fientlo anointings with fimriiiu , purest of emollient Hkliirure ! ) , anil nillil 11 ones of Cim- CUIIA UKSOIVEST , prcatestof blood miriflera anil humor cures , will cleanse the sjatcm liy internal and external medication of mery eruption nnd impurity , anil conntltnto the must effective Bkin cures , lilood purillera.and humor remedies of modern times. hanging In his orxhtrd thti morning , Toroner Cro\\on Is holding nn Inquest this afternoon and It Is MiMioiet ! the verdict IN III bo suicide If ho took his o\\n life It 10 the fifth attempt nt suicide In Nodnwny county \\lthln n ttcek , of which four ha\e been successful Speaking of a peed Champagne brings In mind Cook's Imperial Champagne Extra Dry. The wine that oparklcs. Vote a Heo coupon for the girls' summer \acatlons. TODAY'S WEATHER FOREfcAST Stiiimltltio I'rritlolril for > plirn kn , Fol low ril tij Mionrrn nntl AVcsl- crl ; WltulM. WASHINGTON' , May SO. Forecast for Tuesday Kor Netrrnska. South Dakota and Kansas Knlr Tuesday , showers nnd cooler , westerly winds Wednesday. Kor Missouri rnlr Tuesday nnd probably Wedncsdajnrlnble ; winds. TorV > onilng Showers nnd cooler Tues day night ; Wednesday fair ; southerly , shift ing to westerly , winds. l.ocnl Itrronl. OPKICI : Oi'Tin : wuATiinn HUHRAU. OMAHA , Mn > S9 Omnlm rec-onl of temper ature nnd precipitation compared with the ( orrcspondiiiR da > ot the last three jears. l aO 1SS3. 1S07. lS9fi Maximum temperature . .77 71 "fi S2 Minimum temperature . . S4 M 41 f,7 A\CMRO temperature . . . . M M fi2 70 Precipitation 00 T .00 01 Itecord of temperature nnd precipita tion nt Omnhn for this day and since March 1 , 1S33. Normal for the. day 6S Delli tonov for the dav 2 A < cumulated deficiency Ince March 1 . . Ml Normal rainfall for the day 18 Inch nplldcncy for the. day Ifi Inch Total rainfall since March 1 fi. Inches Deficiency since Match I . . . l.SG Inches Deficiency for cor period. 1S33 . . . .5(5 ( Inch Uxcoss for cor. period , 1S97 B9 Inch L. A. WELSH. Local Forecast OfllclaL Scott's Emulsion of Cod- liver Oil with Hypophos- phitcs is pure and palatable. For years it has been used for coughs and colds , for con sumption , for those whose blood is thin or colorless , whose systems are emaciated or run down. For children it means health and strength , stronger bones and teeth , and food for the growing mind. Baby gains in weight and thrives when Scott's Emul sion is added to its milk. toe. and ft on , all drupflili SCOTT & DOWNE , Chemltu , Ntw York. DUFFY'S PURE MALT WHISKEY ALL. DRUCCI8T8. CURE YOURSELF ! D H Illt ( < l for timiKturtl tll ch rcri > , lnUmtnMlnn ( % Irrltntlrmn or ulrprMloni of mucoui tn ml't nr . or roionnou. . Ko1'1 ncnt In rltln , liy irr ii , prrptM , foi II no. or n boltlm , 1,1.7V Circular iout on rxiuci Greater America Exposition. TO BE HELD AT OMAHA , NEB. , U. S. A. JULY 1 to ATov. 1 , 1899. Prcnldcnt GUOIIRK I , . MILLER. Sccrctnrj DVIlIiUY SMITH. Trennurcr KUAMC MUIU'lIY. EXECUTIVE COMMITTEE. ADVISORV COMMITTEE. C. J. SMYTH , Chairman. FRANK MUnPH'Y. P. G 1LUR , HERMAN KOUNTZE. WM. IIAYDEN. KM1L BRANDU1S , II. J. PGNPOLD. J. H. MILLARD , J. B. KITCHEN. II. E. PALMER. The CAPADURA five-cent cigar is the most popular cigar in Chicago to-day. It is 41 inches long not large , but very good. Every cigar comes in a sealed package with an inside wrapper of waxed paper. paper.This insures perfect cleanliness no hand touches it from the maker to the smoker. It keeps the cigar fresh , moist , and in perfect condition When you buy the CAPADURA you arc sure to get nothing else- it is scaled and bears the name of the makers. It is now selling in Chicago at the rate of a million a month. All cigar dealers sell it. The CAPADURA cigar is made by Kerbs , Werthcim & SchifFcr , New York. I Dktribators. BEST & RUSSEUU , CO. OHIOAO. "HE THAT WORKS EASILY WORKS SUC CESSFULLY. " 'TIS VERY EASY TO CLEAN HOUSE WITH OLIO i = < Mormon Bishops' Pills l" e l * n in use over 50 yeir by the lexers ol th Morracm Church a * u tncu iuto * ii . i'o.ai'ciy curet the wont cues In bill od youri * ritln ; from etfecu of Klf buse , d ! i | um , eicesics. or curette sraoklne. CUfOl LOBt Manhood , Impotency - potency , Lost Power , Night-Losses , Gpermatorrnooa Insomnia , Pain * Inpack , Evil Donlres , Oomlnal emissions , Lnrno uaoK , Nervous De bility , Hendncrio.UnfltncBa to Mnrnrp3 of tfVg Semen , VarlcooeU , or const pntlon , stops Quloknefc * of Dl - IrfI ] charge ! Stops Nor . . VOU8 Twitching Of Eyelldft. Lriecu ire hiimeili.Tc. fciX'J finp rt not and putmcj to cvrry function. Uunr Let uo | > unil < i > l , a cure Is > t hand ; | JJ IJJ Rritoret iraill. iinilevclotKil err > n > Stl.nuUtcs . the brlln nnd nerve centers joe A t u. 6 ( or It v > lir in ll MdiU4 A written irumnue , to euro money refunded , llh 6 I ie3. Clrcullr .rec. < . ' ' - roHlrhOO l/OrTIOdy Co. , San PmnClSCO , OBJ. For Sale l y MVCHS-IHJLLO.V DIII/G / CO. . OMAHA , NED. RUPTURE CURED If no can see you at our offices Ions enough to fit our sclentlOo support ( trail ) and clTe one treatment , we can euro your rupture. Our cow and woadcrful discovery , IB the treatment of all forms of rupture enables us to do thla with perfect iitllftcllon' PILES CURED. In 7 to 10 days , by ono Painless Operation , Without the uie of Knlft , Clamp or Cautery , Rectal Diseases and Hupturo a Specialty. Circulars and list of references Bent on application. CONSULTATIOIETV9Q. . Empire Rupture Cure and Medical Institute , Iuuorj > orui-il. Ciuiltiil SnO.OOO. tm-OUlMKKt JV. Y. Life Illdir. , OMAHA , NED , SEND YOUR NAME To Dr Uennott nnd ho will forward you by return mail his hook. "Tho Flndlns of the Fountain of Eter nal Youth" symptom blanks , etc. You will receive lots' of good , wlioleeome advlco whether you begin my ticutmcni or not , Electric Belt Restores the health , strength and \i or of south crontea now fluid nnd brain matter by purifying the blood , restoring the fullest and most \lgorouH tumli'lons ' of robust health of body and mind , no that all the duties of llto m.iy bo pursued with confidence and pleasure n is today tbo bcst known agent for appblng electricity to the human Hjstcm , endorsed by physicians and recommended by 10,000 cured patlents. I guarantee Hto _ euro Sexual Impotenc ) , Lost Manhood , Vnrlcorele and all Hnxual Rls- fes ? bare are _ . . town and city in this state He sure and write or call today and get my book , tPbtlrnonlals , etc , the radical euro of the \ urlouseakncsses of men Is ritUU to every male p'urchaaer'of onei of Yny'heUrj. Dr. Bennett Electric Co.oMwVB0LAoNcDK.21 Sixteenth and Dodeo Streets , Omaba , Neb ,