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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 31, 1899)
TJIE OMATTA DAILY BEE : SUNDAY , DECEM TVF/R H1 , BRYANT FILES HIS REPORT Lito Deputy Insuranca Ocmniisiionor Tells Pojnter What Ha Dd. NCIDENTALLY DRAWS PAY FOR WORK Illlilrlirnnil A Inc. Cnnim In mill tlir oscllier Mnnnce to V\- Irncl I ? 1IOI > from UK ; State TrciiMir ) . LINCOLN , Dec. 30. ( Special. ) Wilbur P. Dryant and J. 0. I * . Hlldcbrand wore paid In full today for services In the Insurance commission recently knocked out by the supreme court. The former's claim amounted to JSCO and the lattor's to $600. The claim of the stenographer employed In the odlco will also bo allowed when presented for payment. This action on the part of the auditor was taken on the advice of the at torney general , who held that , according to the technical construction of the provisions of the appropriations , the claimants had a Jurrt right to the money allowed by the legis lature for I ho serviced they had performed for the state. While most of the state oIllclalH agree that ( his Is the correct construction , the opinion of the attorney general Is nevertheless a lltllo lnronsl tent In the light of bis pre vious position In advising the auditor to re- fiisc payment on the claims until after the constitutionality of the law was estab lished by the courts. The law was declared to be void , but the court , In Its opinion , mfldc no refercnco to the appropriations for the salaries of Inmiranco employes. The opinion by the attorney general also ficlllps the question ns to the auditor's right to use the appropriations made In accord ance with the Weaver act. William IJ. Price will hereafter net as insurance deputy and Miss Hudson of IJcatrico will continue as Insurance clerk , the former receiving $ lfiOO per year and the latter $1,200. The report of Wilbur F. Dryant , which was presented to the governor cver.il days ago , was made public today. The report is extensive and deals almost entirely with the history of the Insurance muddle , giv ing numerous letters touching upon the sub ject. all of which have already been pub lished. It inakc no reference to the In debtedness of the department. It Is as fol lows : To thoiHon. William A. Poynter , Governor of Nebraska : The decision of our supreme court In the case of the Slate of Nebraska. on the relation of John F. Cornell , against William lA. Poynter having declared tbo law under which the bureau of insurance was formed unconstitutional , the bureau ban beoa closed and , as a private citizen of the state lately charged by your excellency with an Important trust , 1 hereby report my doings in the premises , to the end that the persons Interested may , by a single declaration , bo advised as to what has been done. The late insurance bureau of this state was created by an act of the legislature of Nebraska popularly known as the Weaver law , because the bill , which , with gome amendments , became a law , was introduced in the bouse of rcprescntatlvcH by Hon. Arthur J. Weaver of Richardson county , a member of that body from tbo Second rep resentative district. The act went Into effect on the first day of July , A. I ) . 1S)9. ! ) You excellency appointed the present writer as deputy insurance commissioner. Ilofore leaving my homo In Cedar county to assume uhargn of the bureau I had seen statements In the public prints to the effect that the auditor ( the officer who had .been In charge of the insurance business or the state ) would not turn over to this bureau the records , books , blanks , reports and ap purtenances in his office belonging to the state Insurance business , under the theory that the law was unconstitutional. On my arrival In1 Lincoln this report was discred ited by attaches of the auditor's office in conversation with me. The auditor person ally urged the writer to purchase whatever was necessary ito run the office. On the 30th day of Juno he even packed up the Insur ance belongings. It was not until the 3d day of July , throe days after the establish ment of this bureau , that ho flatly refused to turn over the insurance records and so forth of the ollice. CoriM'Il'M CIllllIlN. The auditor thereafter claimed as one of his official functions the right to supervise and control the Insurance business of the state. The auditor claimed : First That the Weaver law was unconsti tutional anil , consequently , that the bureau hail no legal existence. Hi'fond That , ovi'ti If the law was consti tutional , there were certain lines of Insur ance Htlll under his supervision , for tbo fol lowing reasons : a. i'ertaln parts of the statutes which Rave the auditor .supervision of such lines of Insurance were not repealed by the Weaver law. 1) . Acts of the legislature approved by the governor wince the passage of the Weaver law placed Insurance thereby created or modllled under Uio supervision of the auditor. Third That the auditor had supervision of all the Insurant' ! ) 'business of the state , because - cause tlu > Weaver law nave It to him and , by Implication , the Weaver law was con stitutional. As noon ns tbo auditor's position was understood your deputy Issued the follow ing letter to insurance companies doing business In this state : LINCOLN. July . 1S93. Gentlemen : You So Hud tlmt Water Would Oo/o Out and Drop on the Kloof. Ilniida Kull of Water misters. Doctor Could Not. Hcllcve. Klrst Applica tion of CUTIOIWA Slopped Iti-h- Ing mid Induced Sleep. Cured In Ono Month , I had rczrm.t on my hands so b.icl tlmt abut lln-ni , the mnltrr would UOZP out and drop nn tin : Hour. My hamlv were full of wnter bill. tern of n M blto rulnr. I wui iiiulcr the care of a iloctor for nboutu month , but he did mo no good. 1 was mlvlfM to try CuriiTlu ifnieilio , ami did > o , am ) it was wonderful what f ( fret they bad . 1'krjtnt application itujipnl til a ( tlreailfu I ttrhniy. I slept lit once , was cut rilinfuiiricttkl , .March Sl.'SS. M.A tOMilUTKmeiadoN.I ! > . BABY'S ' FACE K1ASS OF SORES When ray llltlo elattr wns four mootbi old her clicet * lii't-jiiH ! ri'il and intUmcd. Bnull i liroLooiU OUT her faca and ttwa one unis of cabu , which alinojt cloned licr cyca nnd rc.iclio3 Into tlic corucrs of licr mouth , Kor OCVITU ! weeks a plijilei.ir ) nttciidcd tier , tut nhodcrhrj lltllo or no tcnciH from hi * treatment.Vo bouijlit ncako of CirriruilA Hennnd o box of CUTlci'ru ' ( olntmciiti. IK-rfnroliraled , boirc\r healthy iigalu , ItlJB.V IUitUKKtiolomouUau. BEGIN WSTlflKE BLOOD CUTICUIIA TllEiTMENT bflllns .Ub till' blond CUil i > ndsllh the Mu. n-jl | > , ju. t h.m. 'I'hat If tu MI , Curii-i'iu UKMH.VKM , tlia m-w Hiuul rnd > U milliter Uidtirr'itr | > t < > f liuinoi iiiiw , inuincj Iho Ul.ioJalul oil in I.Uinu lluiil mf lit unit lU.r.Ht. , unil thu > tvinuvi'ji I ho tame , \\Mlv wnim luiln \ilth C'LTUi'iiA Hoirnnd Kriiilvauulnlln i \ > ih Cl THTiu ( olulmcnti , Kit' te9t of imnlilvct l : < cuio , cli'miro llui fLIU mid rcalpi't rt.il * a id fairs , allay Hcliinj. butiil - ' uid liinnninaili j , eootbu and heal , tbui i' ' > inplfuu lie ! c : rc. , i , IJoilDn. a/- " Haw laCu 1. jrpi , * r , ' " " " ' 1 " " " "a BABY'S SKIN 'r1 * ; hnvcwlthmit doubt bon Infnrmf-d throusth thp columns of the prfwi of n disagreement tittwopn the governor end the auditor of this nt.ite rnnccrnlng the Insurance depart- inr-nt. An oxplfltiallon of the situation Is your rl"ht nn inattrr of business and It cheer fully Rlvon. The ron tltutlon of HIP ntnto crf-at'-s office * . nrnotiK which nre the gov ernor nnd nuciitnr. nnd It provide * that the dullM 01 thefe olllcors shall bo defined by law. Kor coVcrnl years the conduct of the Insurance department of the slate has boon fonfc-rrod upon the auditor by a legislative enactment. Th < lust legislature , for rea son * which they deemed suil'.rleni , with pra'Otlf.il unanimity transferred the bu l- new of Insuranrr from the control of the utulltur to that of thrgovernor. . This law went Into effect on the llr.n day of July. Hut on and slnre that day the auditor has refused to surrender to the governor the records , books , blank. * , rnports and other iippurtetinncuM of his ollVce belonRliiK to the state Insurance business , althouKh by law expressly requlled so to do , ami has Mnce tlmt time mnili > a feeble and abortive at tempt to discharge the duties of Insurance rommlBjIoniT. His contention Is that the law transferring the Insurance department Is unconstitutional nnd an unMKiied opinion to that t'flcct has Jjoen obtained from a lawyer In thl > elty , who Imagined he had " n personal gr > vancp with the"Rovernor on iirrotint of the vetoing of n ( crtnln bill. The auditor h.is Riven It nut that he IP nctliiK under the ndvlpe of tin- attorney Roneral. Hut thlH Is a mlst.ikc. This action on the part of our auditor , in taking upon himself , In addition to his executive duties , the functions of a legislature and a supreme court. Is a despotism without precedent In the hlftory of tne state. Tilcre Is little douln of the constitutional ity of thn law. If the poF'.tlon taken In the anonymous opinion aforesaid Is correct and should n authoritative adjudication be irmde In nrrnrd tberowlth It would paralyzu the business of every executive olllre of the state , for the reason that It would In validate not only this law but u lar e per centage of the legislation of the last llfteen years. As far as the Insurance department Is concerned we do not recognize in the audi tor even a de facto perfunctory. Thi audi tor has not attempted to hold an ollice In which another person has been chosen , but he seeks In retain an otllclal function which has been removed from an ollice which he hnlds and the title of which ! s not In ills- pule. To Illustrate , our law gives the judge of each county authority to Issue murrlngis llienses. Suppose Ibis authority were trans ferred by law to the Bounty clerk , the law to take ertei-t on the tlrst day of July. After that day no license Issued by the county Judge would protect a clergyman who performed the ceremony and the county judge could retain his lost function by keeping the record of old marriage li censes Issued. This ofllce will not recog nize as valid nny net of the auditor as In surance commissioner after July 1 , 1MI9. A printed copy of sections 3 and S of the insurance law under which this department Is ( ictlng Is enclosed herewith. I am directed by his excellency the gov ernor to state that the good faith of the state Is pledged for the protection of any Individual or corporation dealing with this department. All nmi : should be directed to Wilbur F. Hryant , deputy Insurance commissioner. I have the honor to be vour obedient servant , WllAJUK V. HUYANT , Deputy Insurance Commissioner. Cam * IJ | > In Court. For a short tlmo In July the district court of Lancaster county was In session. Hut , as Its judgment would not be final , neither party Invoked Its aid. The supreme court of the otate met on the 10th day of September , 1899 , when the auditor filed a relation in quo warranto to test your excellency's title aa Insurance com missioner. The- case was advanced under the rule. The supreme court meets on the second and third Tuesday of each month. The tlmo was consumed In the making up of the Issues and preparation of briefs. So that the case was not ready for oral argu ment until the first session In November , at which session owing to the great pressure of business , the court on Ho own motion , continued the hearing till the latter spsslon In November , at which time the case was duly submitted. Hon. Robert Ryan and William B. Trice , csq. , appeared for the rolator. Hon. Constantine J. Smyth and Hon. Willis D. Oldham tiled a brief on behalf of your excellency , and the writer filed a ecparato brief. This arrangement was made in view of the fact that the department of justice did not agree with this bureau in their understanding of the law. The at torney general claiming that the auditor divided the jurisdiction of the state Insur ance business with your excellency , an ap pearance for the respondent was entered for Hon. J. Weaver. Dut the pressure of private business prevented hla giving at tention to the matter. On the 10th day of December the supreme court handed down an opinion declaring the law unconstitutional. Thus , for nearly six months , the state and the civilized world -were treated to the novel spectacle of two officers , each of them claiming exclusive jurisdiction of the In- snranco buslnefH of the stato. This stnto of things did not cause as much confusion as might have naturally been anticipated. The state treasurer , refus ing ofllclally to take sides In the contro versy , followed this policy. When specific directions were given , he delivered the re ceipt to either the auditor or this bureau according to command. When no direction was given ho delivered the receipt to the applicant. Sometimes , however , affalr < j got mixed , and consequent irregularities oc curred. These , however , have boon reme died and nothing remains which will not stand the test of scrutiny. Policy of the Ilnrrnn. It may not bo out of place to stnto that the policy of this bureau has been to keep none of its business secret. The public has been allowed free access to all records , This , of course , does not embrace unpub- llbhcd opinions. A historic decision of the supreme court has relieved the ofllcer In charge of the In- Buranco business of the state from the care nnd custody of all funds and fees paid Into the state on account of insurance compa nies. Nothing , however , Is stronger than the force of habit ; and the bureau has been an noyed by remittances being made to it. The state treasurer advised mo to return nil such remittances to the applicants. It would perhaps have been better to have followed his advice. Hut Instead the money In such cases was paid to the state treasurer. In ono case $100 was paid to thin bureau as a fco for the tiling of a copy of tholr charter , etc. The money was paid to the state treas urer and the company was notified that they nnist do certain other things before they " would bo admitted. Upon this they changed their mind and wanted their money back , when they were notified that they could not get it out of the state treasurer except by special act of the leglBlaturo. This annoy ance might have been avoided if the advice of the state treasurer had been followed , However , by sending printed notices to the companies this bureau had almost unlver- r.ally established the practice of sending money directly to the state treasurer. In regard to the printers' fees the following written notice , Indited and sent out to various publishers , will speak for itself : 1MNCOUN. Neb. , July IS , JMW. Dear Sir : Your paper will In ? designated us ono of thiii-o In which ulllclul notices will be pub lished from this otllco. Knowing the legal charges to be made In every case. In your matters iileiifo observe the following : Printers' fees , when not otherwise spe cially provided for by law. are il a squnro for the llrat insertion and 50 cents a square for each subsequent Insertion. A square , ns you know. Is ten lines , forming u portion of u printed column nearly square. Print- em will In nil rur.es scud their bids to this oillce for approval , when n requisition will l > o made upon the company. The fee will bo paid direct to the publisher by the com pany , but a duplicate receipt must bo tiled In this ollice. I'knikc preserve this letter. I have the honor to bo your obedient ser vant , WILIU'H 1" " " . HHYANT , Deputy Insurnucu Commissioner. I n u n rn n c f 1 } \ u in I nit 11 u n * , In the Initial existence of this bureau Thomas K. tfelgler , esq. , of Hartlugton. Cedar county , > vas tUcd upon as n permanent oxaoilncr. The following rules for exam iners were llxed up.n : "I cxpcd you to ride In llrst-dusa cars and taKe the lower berth in J'ullmaa sleep- era , and to mki > your ir-ralg In dining cars. \\hi-iner it IB necessary and to call for tlui bcsi th'.t r l cxrc t you to stop at the very brsl betels In any city you visit , These thlngi arc consistent with the honor of the Btatp , the credit of this department and your own self-respect. You must take a receipt for all expenditures. Keep n. strict account of everything. Including fees , nnd render n detailed account to me , accom panied by your vouchers. Charge your per diem from the tlmo you leave homo till you return. The account Is to be sent to me. I will make a requisition en the company. They will send the draft to thla office. I will endorse the Identical draft they send over to you and forward It. This preserves a rorrcrt chain of the entire transaction and will avoid every suspicion of fraud. I know you will treat them courteously and will remember that , at the same ttaie , you should treat them as you will wish you had If they turn out rascals. Inquire Into the consideration of every note and the genuine ness thereof , If the man Is corao-at-able. View real estate. In short , act just ex actly as you would do with business of your own. " Examiners are allowed , in no case , to charge more than J10 a day ns fees , and , In some cases , only $5. Possibly more might bo charged under the reciprocity law. llut I regard this compensation as ample. The rules established have been faithfully car ried out. Persons otherwise employed Ui the bureau weio not employed as examiners. Two reports of Thomas K. Eelglcr. esq. , accompany this report. One Is of nn exam ination of the Hankers' Life of DCS Molnes , la. ; the other of an examination of the Ho- Insurance of Cologne , Germany. The re ports speak for themselves. They arc com plete , thorough a d accurate. TrtMiNilri'r'n llceelpls I'lled. The record of treasurer's receipts filed and certificates issued thereon has been kept by the clerk , J. ( ) . P. Hlldobrand. This rec ord Is neat , complete and , I believe , accu rate in every particular. It accompanies this report and is referred to as a part thereof. The method adopted Is to write upon the face of the receipt for what purpose the fees were paid and to return the receipt to the company. The record of companies admitted to do business In this state , together with the kind of company , the amount of fee required In each case , the location of the company and the date of admUelon Is hereto attached , marked "Exhibit A , " and made a part here of. The official correspondence has been care fully preserved. The letters received are on file and the flic accompanies this report. Carefully made copies of letters transmitted have been preserved and also accompany this report. The files of powero of attorney and ap plications for agents also accompany the re port. I have directed a circular letter to com panies , telling them to address correspondence - once to the auditor , and have tendered him my good offices as to the conduct of his odlce In the future. It is a matter of pub lic Interest. The decision of the court Is In his favor , and llko a good citizen I bow to It. All of which Is respectfully sub mitted. AVILBUR F. BRYANT , Stnte IloiiNc Xolos. The State Printing Board this afternoon awarded the contract for compiling the house and senate journals to R. H. Langford of North Plotte. Only three bids were sub mitted. Alpha Morgan , formerly secretary of the senate , offered to compile the oenate journal for $900 and J. O. Berkey , assist ant clerk in the house , offered to compile the house journal for $ GOO. Mr. Longford's bid was $794 for both. C. J. Rundell of Wayne was ot the state house today to consult with Governor Poyn ter concerning the proposed construction of the Nebraska & Southern railway. There has cot been sufficient money subscribed to Insure an immediate realization of Mr. Run- doll's dream , but ho claims to have $150,000 pledged. His plan Is to build by subscription a railroad from Running- Water , S. I ) . , straight south to the Gulf of Mexico. The route is not to vary two miles and a half from the direct line between the terminals. Mr. Rundell says that $30,000 has already been paid into the treasury. TRAINS COLLIDE IN YARDS One Mun and Fifteen IIorxcN Killed Scvcrnl Cnrin Arc icd Up. COLUMBUS , Neb. , Dec. 30. ( Special Tel egram. ) A rear end collision occurred in the Union Pacific yards here at an early hour this morning. No. 28 from the west crashed Into the hind end of an extra , tele scoping the caboose and smashing a number of cars. The car next the caboose was loaded with horses and fifteen of them were killed. J. C. Oroea of PJne Bluffs , Wyo. , was also instantly killed. Ho was In charge of the stock. It took a number of hours to clear the itrack , but as the wreck occurred In the yards traffic was not delayed. Engineer Goodsell of No. 28 says that ho was unable to see the lights on the extra ahead of him until too late. He stayed with his engine and fortunately was unin jured , though how ho escaped is a miracle. He says that an engine standing on tbo sidetrack near where the collision occurred was 'being ' blown out and the steam ob scured his view. Social Affairs nt Ilcntrlcr. BEATRICE , Dec. 30. ( Special. ) Miss Ella D , Valll of Omaha is visiting relatives in Beatrice. Miss Uirdio King Is visiting in Red Oak , la. Warren McLaughlln of Omaha visited his parents In Beatrice during the holidays. Mr. and Mrs. M. L. Arsdalo entertained a number of friends Tuesday evening. Mrs. M. V. Nichols , assisted by the Bach elor Girls' club , gave a holiday surprise party Wednesday afternoon In honor of her daughter , Mrs. W. S. McLucos of St. Joseph. The Beatrice club gave Its opening ball of the season at the club rooms Thursday evening. The occasion brought together a host ot the leading society people ot Beatrice. Mies Mattlo Elliott entertained her Sun day school class at her home Thursday aft ernoon. Mrs. T. L. Bcardsley entertained the Reading club Thursday afternoon , compli mentary to Mrs. W , S. McLucas of St. Joseph. Mlas Alice Bbereol of Chicago Is visiting the Misses Sabln of Beatrice. The Bachelor Girls' and the N. N. N. club will hold New Year's receptions. In Support of the W , C. T , I' . 'IVmiilo , DAVID CITY. Neb. , Dec. 30. ( Special. ) The Woman's Christian Temperance union section of the Nebraska Teachers' associa tion , at the recent meeting at Lincoln , In consideration of the progress being made by ! the temple trustees to preserve the Woman's temple in Chicago as the memorial of Miss Frances E. Wlllard , passed resolutions ex pressing unerasing Interest In the enter prise. The convention also expressed that It had become the imperative duty of the trustees , as adequately as possible , to pro tect this valuable Interest. The resolutions ended as follows : " \Vo most earnestly dis approve of official Interference by the Na tional Woman's Christian Temperance union , leading directly , or indirectly , to tbo diversion of support for the temple , either material or moral. " Flrt Snoiv nt llnjoH Oi'iilor. HAYES CENTER. Neb. . Dec. 30. ( Spe cial. ) The first snow of the season began falling Tuesday evening and a light enow has cc-ntinued up to today. There is no fear of late of EUcK. t In ) Count } \KrloiillnrlKlM Meet. CLAY CENTER , Neb. DC" 30 - iSpcMal ) The annual meeting of the Clay Coi-nty 'Agricultural ' society was bcld here today. There win n good attendance. The annual report * of the officers showed a prosperous condition. These officers \ver > elected. President , ficorge I' . Schwab ; secretary , O. r. Williams ; treasurer , H. K. McDowell ; general nuperlntcndent , 1) ) . H. Uunn. lit HUM ) lTI1I5 TOWN UK KOI'MlKl ) . AVIHImn HrttnHiiifrr O nod n llonit1- Hlcinl on Site fit l.oup City. LOUI CITY , Neb. , Dec. 30. ( Special. ) The funeral of William Henochotcr. who owned n. homestead on the townslte of I oup City In 1S72 , was held here today. For the last eleven years he had been a resident of Ulehardson county , living near Kails City , whcro he died. As it had al ways been his desire to have his last resting place hero at the town ho was Instrumental in founding , his wish was carried out by the family. The bell which he gave to the Methodist church , when It was built , tolled seventy-six times as a requiem. The serv ices were conducted by llov. W. K. Mat thews of the Methodist church , assisted by Uov. McCahan of the Presbyterian , ! > > I'lntil Mny ASHLAND , Nob. , Dec. 30. ( Special. ) The prospects are now that Swift and Company's Ice house north of this city , will not be operated this winter. The Hoard of County Commissioners at Wahoo this week In structed County Clerk Chnpck to purchase the property for delinquent taxes for ISStG and 1S1I7 , amounting to $2,400. The company pays this amount la more than Its share of the taxation and refuses to pay the money. The closing down of the plant , which now seems probable , will throw many hundreds of Ashland laborers out of em ployment. Itciiiirls of / ! Wpndirr. C055AU , Neb. , Dec. 30. ( Special. ) Snow has at last made Its appearance hero. For the last forty-eight hours It has been fall ing. The temperature remains about the zc.ro mark. PLATTSMOUTH , Nob. , Dec. 30. ( Spe cial. ) The mercury was at zero this mornIng - Ing and was only 4 degrees above yesterday morning. There bus been excellent skating nn the river for a week. CKK10HTON. Neb. , Dec. 30. ( Special. ) The thermometer registered S degreed below zero this morning. Should Have Kepi a FtiiRiiintt There. SHEI/TON , Neb. , Doc. 30. ( Special. ) ( At the coroner's Inquest over the remains of William Lippincott , who , with his tcnin. was killed by the Union Pacific fast mall yesterday , < the jury examined a number of witnesses. Including the engineer and fire man of the tralni , and after viewing the sidings and crossings over the tracks re turned a verdict criticising the company for not keeping a flagman in the yards at this place. This Is the fourth man killed ail the crossing In the last eight , years. .SupervisorYI1I Try < o Hold On. WEST POINT , Neb. , Doc. 30. ( Special. ) For many years the supervlfior of the West Point district has been elected yearly , serv ing only one year , whereas the other mem bers of the board have served tennis of two years. This year the present Incumbent , John Molster , a democrat , Investigated the matter , with the result that he will attempt to hold over another year. Mclster wast de feated for this ofllce at the last general election , William Dill , a republican , being elected. c Henler'K Aden * Arrpntril. PLATTSMOUTH , Neb. , Dec. 30. ( Special. ) Charles E. nlalr. agent for Prof. Kharas , "magnetic healer , " who has been hero for several weeks , was arrested by Chief of Po lice Slater. Sheriff John F. Kelly or Kahoka , Clark county. Mo. , took the prisoner homo with him today. Blair is wanted there on several serious charges. 1Vulf < ; iit > nrc r .ViinicH Dclccrntcn. LINCOLN. Dec. 30. A. G. AVolfenbarcer , president of the Nebraska State Irrigation association , today appointed the following delegates to 'the ' annual meeting of the Na tional Live Stock association at Fort Worth , Tex. : Joseph Oberfelder and Matt Daugh- erty of Sidney and Thomas Hltt of Lincoln. IliiniHOy'n Term Xonr nil I3ml. PLATTSMOUTH , Nob. , Dec. 30. ( Spe cial. ) Judge II. S. Ramsey held a short ses sion of district court this afternoon and an adjournment was taken until next Tues day , when he will finish his term as judge of this judicial district , consisting of Cass and Otoo counties. LURCH Thumb mid I'MiiKors. STANTON , Neb. . Dec. 30. ( Special. ) Claude Collins , who lives six miles south east of this city , caught his right hand In n cornsheller this morning and It was so severely mangled that It was found neces sary to amputate the thumb and all the fingers. Give TlinnlCH 'to u De-mi AVomnn. YOHK , Neb. , Dec. 30. ( Special. ) The city council at a special meeting passer ! resolutions of thanks commending the gift of $10,000 , bequeathed York for a public li brary building by .Mrs. Lydla Woods , wife of O. W. Woods. Mrs. Woods died Octo ber 17. Kor SliooHnir Hlx Tenant. WEST POINT. Neb. , Dec. 30. ( Special. ) Hczeklab Dressier , an aged farmer living near Wlsner , was bound over to the district court by County Judge Krako on a charge of shooting with Intent to kill Otto Wleland , his tenant , Dond was fixed at $1,500. Oomiiin l.iillu'ran Coiifnrpiii'p , WEST POINT , Nob. , Dec. 30. ( Special. ) A special conference of the ministers of this district of the German Lutheran church will convene In this city next Wednesday. The resident pastor of the church will hold a special communion service. of llolililiiK nn Old Mini , HASTINGS , Neb. , Dec. 30. ( Special. ) Charles HhoadcB and John Snyder , who wore arrested , charged with having robbed an old Herman named Fyle , were brought before Judge liowen , found guilty and were sen tenced to jail. Old Netl rH IIuvc n Hall , CENTRAL CITY , Neb. , Dec. 30. ( Special. ) The sixth annual ball of the old settlers of Merrlck county wan hold last night. One hundred couples were present. Slzo doesn't Indicate quality , newaro of counterfeit and worthless salvo offered for DoWltt's Witch Hazel Salvo. DeWltt's la the only original. An Infallible euro for piles and all skin diseases. DvnnniHp It Tlmivpil Out. PITTSUriia. Dec. 30. Ily nn explosion of dvnamlte In the Bant Kml today P.-ter Antonio iiml Ambrose Donncll , two Ital- liuis. were futally Injured and puveral at here slightly huit. The men were engaged at blasting ami attempted to thaw out some frozen dynamite. FORECAST OF THE WEATHER I-'air In KiiHlrrn anil Snow In West ern I'orllon \eliranK-a S'liiidii } . WASHINGTON , IJcc. 30. Forecast for Sunday and Monday : For Nebraska Fair In eastern ; snow in western portion Sunday and probably Mon day ; continued cold ; variable winds. For Iowa Fair ; continued cold Sunday and Monday ; frwh west to north winds. For Missouri Fair In northern and oast- 01 n ; probably snow in southern nnd west , eru portions Sunday ; Monday fair ; contin ued cold ; west to north winds. For South Dakota Fair , continued cold Sunday and Monday , except snow in e.iiui- \\tst portion Sunday , variable winds For Kansas -Sunday fuir. fair Muiday. except probably snow In western portun , north to east winds , becoming variable. of Embroideries for Spring 1900 have arrived and will go on sale Tuesday morning wo shall also have on stile at same time our ad vance orders 'on ladies' Mnplin Underwear. Great Sale of Mew Embroideries Annual " 10 Superior Lingerie Anticipating a big advance In prices we placed M1T ! UOWVS our orders mu.-h earlier than usual , Fcpurlng them " "c. 4."ic. "iOc. 75c , S.v : $1.00. $1.10 , $1.25 , at the lowest prices that were ever reached.Vc $1 40 to $2 50. propose to phe our customers the full advantage of si'Kri.u , no ruvrs our purcliafe nnd have mnrkid them at the sumo low Night ilowns , good muslin , tucked yoke anil prices that prevailed at our counters last season. hemstitched rullle. I-IM : H VMIH IK ; VM > < mimic MKIIT tOVSOc i iiiji.Mis Superfine Cambrle , fine tucked and bem- lleoil horest durable cloths , perfect needlework stltcbed yoke , ruflled neck and front. I-'I.M-J ( illW.N. . - . - illW.N.jll.Oti work , and neat new designs , rtt Cc , ( Hie , He.- t cambric , mlnaturo tucking and om- T'.sc S l-3c , lOc , 12'ic , ir.c , 20c mill 23c ' . brcldcry Insertion , embroldi'ry rulllliiB. a yard. nii.\\vints I-MMO N UVMXMvXI ) .SWISS ' 2"r , 3"ic.ir > e , COc , OOc , 7f > c POc $1.00 KM "It 011) Kill IIS , \SP.ltTIO.NS 1 to $ l.r.O. AM ) 1IUAIMMJS si'uciAi , 01111111:1. : mt.vwKiis. unc At < ! ' /ic T'/jc , lOc , 12'fcc , liic , SOo and 2" o limbrella Drawers , homstltcbed combrlc a yard. flounce or plain hem , cluster tucks. 1'MM'J I'XMIMtlf. N.MXSOOIC A.VI1 ' I > MM : ( ) > iitii ! , nu.vAviius , roc siss > i vrriimi SHT . _ llcst cunibrle or muslin , deep HounoeR , many mi HHoinKiM ! : rorts tucking , also embroidery llounce. Rich new designs in all widths to match. men < ; n.u > K nn \\\'ins , no. MVii , ovr.it iMiinon : > r.iiirs _ Peep embroidered rullles , cluster tuckB.very M-IW Tt CKIMJS line umbrella drawers. We advise heavy and early purchases of l.OM ! CIIHMISI'J these beautiful new embroideries when the $ l.lfi. ? ! . " " . , $2.00 , $2.2o. prices are KO low. Special long ( " "henilse , $1.1S be l cambric As the will bo much higher prices very n Hamburg Insertion and fine embrrldered little later In the season when these goods milled yoke. The skirt of these chemise have to be replaced by others at the ad aie cluster tucked nnd deep llounccd. vanced prices. 1-MlliXCIl CHI':311 SIC , .VAIXSOOK. JjM.Tfi. M'JIV .MACIIIM4 M.\m < : TOIU'IIO.V Dainty Torchon lace trimmed bodice The . Miomri AM > ci.r\v LACKS nklrt H of deep Torchon lace of wide mine , Perfect copies of the hand made goods , with and line tucking. gcod wearing qualities ntlc , Be , Co , Sc , cousin- lOc , l-.fcc , 15c and " 3c a yard. Dainty made line cambric drawer string SKlltT.S close lilting. 73c , SSc , $1.00. $1.25 , $1.50 to $5.00. COVKHS. T.-.i Our line of dainty white skirts is exten Throe rows Valenciennes lace Insertion , lace sive , choice new styles nt popular prices. edged line long cloth. These goods wore all purchased before COYI2IIS. tfl.lin the advance in cotton goods buy now and Allovcr lace with Insertion yoke draw string save money ! ! lace edgingnainsook. . Our annual January Clearance sale of Ladies' and j\Iises' \ Jackets , Furs , Tjiilor-mr.de Suits , Separate Dress Skirts , Kainy Day and Clol Skirts , ClolC Capos , Flannel Waists , etc. , will commence Tuesday morning. SJP23CI--1JL A GIANTS I3UTT13KXCK PJLTT<NS Cor. Fariiam and 15th Sts. Cor. Pariiam and 15th Sts. STOItl'2 \iiij n.vv Mo\n\i. WRONGED WIFE HIS NEMESIS Colonel Gaynor , Pormer Partner of Ooplaiu Garter , Brought to Trial. LEFT FR3T , MRS. GAYNOR AND REMARRIED Now Slio IN AldliiK' tin * I'rnsoi-iilIon In Suviiiinnli llurlior l-'rmnl CIISCN Three Other * Arc In- tllutfd. NEW YORK , Dec. 30. Benjamin D. Greene , Colonel John F. Gaynor , William T. Oaynor and Rdward II. Gaynor , members of the Atlantic Dredging and Contracting company , jointly indicted with Mlchaal A. Connolly and former Captain Oberlln M. Carter , United States cn- gli.cer corps , for conspiracy , resulting In a osa to the government of $575,7-11).90 ) , In con nection with the Savannah river and Cum- jerland sound contracts , appeared for exam ination today before United States Commis sioner Shields. The Indictment on which the Oaynors and Gret'iio were arrested by United States Mar shal Honkcl was found In the early part of December In the Savannah district. The contractors are represented by the linn of Kellogg , Rose & Smith , who are prepared to make a bitter fight against the removal of the men to Savannah for trial. Since his arrest on these charges Colonel I. F. Gaynor has secured a divorce and re married. His former wife , who declares that she has been greatly wronged , will , It is ex- lectcd , figure as an important witness for he prosecution. She was present during the examination in the federal building today. Claim Indictment DolVotivr. Counsel for the defendants contended that .ho indictment was defective , Instancing that : ho count which alleges that the contracts n furtherance of their nchemo arranged for materials "at the least cost to themselves ind the greatest cost to the United States. " lie maintained that this allegation wns too gc-ncral and that it did not specify a single act which the accused would bo required to answer in any court In the United States , district Attorney Hurnctt olfurcil a copy of the Savannah Indictment in evidence , but counsel for the defense took Ihu position that a copy would not suflico when the orlgl- iul was within the Jurisdiction of the court. The commissioner overruled the defense In loth Inetunccf ) . Captain Casslus K. Gillette of the corps of Jnltod States engineers , Savannah , Ga , , was the first witness put on the wtand by the government. The witness Identified the four contractors in court and Bald that Mlrlmel K. Connolly and Captain Oberlln M. Carter \ero not present. Captain Gillette said that jo had appeared nn a witness before the grand July in Savannah , which had founfi ho indictments against the contiacturs. Lawyer lloae said ho was not prepared to go on with the croas-oxamlnatloii today , vhlch ho said would coneumo at leant two loura. It was then nerved that the exami nation should ho continued on Wednesday , Itoi's 'I'rniinfVrriMl to Tnmpi ! , WASHINGTON , Dec. 80. Captain Thomas M. Kcca , corps of engineers , who was re cently called to occuunt by the War depart ment for visiting O. M. Carter , formerly of the army , in his cell at Governor's Island , In contravention of the artlclca of war , has been relieved from duly nt Fort Totten , N. V , , and ordcied to take station at Tampa , Fla. , relieving Captain Henry Jcrvey , corps of engineers , who Is assigned to Captain Rccs' former duties at Fort Totten , ' Till : ItliAl.TV .II..HKKT , INSTJltMJBNTS ( lied for record ; Saturday , December UO , 1499 : U'liiTiuil ) ' Dri-ilN , A. I * . Tukey ot at to AnnluitooUJnle , lot ] . bloi k U. fllftun II II $1,730 William < 'l.irk In J It W > hsti-r n Tfl f i : I- i 4 . . It ; > , i 'in ' , li < a " < ) U' i. 'l nk at J w. : i . i r i ii. i A.II-I . j lmi ighui at i , ' Mil Tutnii'J > ' 4 ? , ftM ' . 1 lC' < > < f 0 ' fl" I ul ' 1,1 K 1 . / OU of J I III . k < * j U ! 1 JJI'j .tin uiu or null-r < .i ; > J3 _ ji LAST TRIBUTE TO LAWTON Coinriiiles III Arnin Conduct Funeral lOicrt'lNi's IlcnialiiN Start fur Hume. MANILA , Dec. 30. 3 p. m. The funeral of ( Joneral Henry W. Lawton , who was killed at San Matco December IS , was held today with Impressive ceremonies. The re mains were conveyed from the Pace cemetery down to the Luneta , to Paslg and thence to the transport Thomas , which sails this afternoon. * " As the body was removed from thoivaull Chaplain Marrtn read the prayers. The personal staff of the late general was aug mented by Color Sergeant Simon , Trum peter Ilaberkan and Privates Oakum and Mohruscn. , The latter , who were closely connected with General Lawton's recent campaigns , bore the casket from the vault to a six-horsed caisson awaiting at the gate. The funeral procession was com posed of the bond of the Twentieth regi ment , Ccnurnl Hall and his staff , two troops of the Fourth cavalry , who were with Oeneral Lawton at the tlmo of his death , a battery of artillery , a number of clergymen , the caisson covered with ( lowers , the personal staff of the general on foot , Generals Wheeler , Hates. Forsythe , Kobbo and Schwan and Rear Admiral Watsnn in three car riages , a naval battalion , Major General Utls and staff , the foreign consuls In full dross and the members of the Philippine supreme court. Native delegations from the towns where ( icneral Lawton cstab- llfjhed civil governments presented wreaths. Women from the same towns waited on Mrs. Lawton yesterday and presented her with their condolenceH and flowers. Crowds of natives and Americans wit nessed the -procession , the band played dirges and the crowds uncovered. At Paslg the casket was transferred to a tug , "taps" was sounded and prayers were offered by Chaplain Pierce. Four enlisted pallbcarcre will accompany the remains to the United States. WASHINGTON , Dec. 30. The Lawton homo fund continues to grow , the dally in crease for the last few clays ranging be tween $2,000 to $1,000. General Corbln'i- statement shows that the total biibscrlptlona up to today are $32,774.75. OTIS WORRIED ABOUT CAVITE 'I'mi TliotiHiiiul O remit zed Ii In the Province Initial .Vninlicr ul' I't'llNlllltH With Itllll'M , ( Copyrlfflit , 1S09. by Press Publishing Co. ) MANILA , via Hong Kong , Dec. 30. ( New York World Cablegram Special Telegram. ) General Otis Is worried about Cavlto prov ince. There are 2,000 organized insurgents there , while an equal number of peasants have lilies. Before General Law-ton's death it WOH contemplated ho would make a move- incut thcro during Ia t week. The effect of Lawton's death and the ef fect of the light and casualties inaktf the statement that the war J ? over absurd. Ne gotiations are In progress for the surrender of the province. No local paper is allowed to offer any criticism of the administration or publish nowo from homo relating to the Philippine Islands. The $30 reward bring * few rlllea. Outside cf the northern provinces no one Is safe without a good military escort. SIX AMERICANS ARE WOUNDED Colonel I.oclictt HUH n Keonnd Rn- uiiiri'infiit tvltli I'MlllilnoNenr Montallmn , MANILA , Dec. 31. 0:30 : n. m. Colonel I.oiilsutt has bad a neeond engagement with the insurgents northwest of 'Montulban , and by n brilliant ehargo drove the enemy from their position. Only ono American ofllcer nnd five iohllor * were wounded , but the lo i of the Insurgents was heavy. our irooijs capuircd a number of rilles . I a quantity ot ummunitiou and pro\- Kxlillilllon li > I'lllhluirv. < l-lNTON In IJC30 , iHii ( > i lal Tilt- ; > um i mm J'liiBburi arrived hrro this l morning , a guest of the Wiipslplnleon iluK This afternoon he played simultaneous' chess blindfolded against eight of the best players of the city , defeating nil. at the same time carrying a. hand In whHt. ! To night he played against thirty In e > hes simultaneously. By 10 o'clock ho had de feated all but ten. The players were ar ranged In two rows , between which .Pllls- 1)ury passes , Claying as ho wont along , llo never hesitated. ItmVM.Vti TK.Y.MS Altli OlKi A M7.KI ) . lnfrtNt In ( InPotinlitr. . CIIIIIK of IliMvlliiK In ( liniilin. I The crisp winter weather which has set In j now has had a tendency to greatly Increase j the popularity of that chief of Indoor gamcn bowling. Local alleys are well filled every night nnd ono of the principal downtown lesorts for bowlers Is thronged to ovorllow- I Ing afternoon and evening. With the added I Interest which has been manifested in the game two clubs have been organized. The | members of ono arc : Kirk , captain ; Emory , ' Caldwell , llcalln and Taylor ; and of the , other : Blake , captain ; MacFarlanc , Reed. Smead and Peters. The first match game wa played ten days ago. Nine-pins was the gumo employed and ten frames for each man constituted a game. In two out of three games the team captained by Homer Kirk i carried away tbo honors. | Hereafter match contests will bo held i each Friday night. The members of these ] teams are rill proficient bowlers and play as pretty a game us ono could wish to see. SIXTH A.VM'AI. ' KAXCIKHS * SHOW. i Knfrli'M ( he lm-K < 'M In Hie lllNlory of l ( In * .VndonolNH < ICII < Ion. I ST. I-OU1S , Dec. 80. Entries for the' sixth annual show of the St. Ixmis Fanciers' as- .soc'lntlon , which will open January 1 and ; I contlnuo ono week In the Exposition Coll- ' seum , are the largest In the history of lh organization. I The entries , which consist of l.COO chick ens and 1,401) ) pigeon- * , phe.isants and oilier pet stock , are principally from Dallas , Tex. ; , Ivlneoln , Neb. ; Salt I.uku ( 'lly , Utah ; i Rochester. New York , Hoston , Providence , I It. 1. ; HalUmore , 'Milwaukee , C'hlcago , In dianapolis , Cincinnati and 1/oulsvllle. I The t-ntrleH from the live last named cities are cspi-flully line and a good allowing will also be made by local ralsurs. The judges * are as follows : Poultry Sharp Untlerftcld of Iondon , Jr. A. lli'ldge of Coliiin'bus , O. , and H. N. I'iercn of Imllann.-iolis , Ind. I'lgeons Oi'orgi ) Ewnlil of Cincinnati , ] ' . M. ( iilhert of IndlanapollH. Mr. Ivwald will also Imndlo the cats ami jiet stock. William II. Thompson of ( 'ol- llnsvllle , 111. , will inako the awards on tha pit irames. The following pigeon clubs -will hold their annual conies ! durlnir 'tbo show : Thn American Owl elub , tlui American Swallow club and the American iMagpIo club. Thesn clubs meet every year. Thi.'Ir rnt'iifbern urn from various parts of the country ami am brought together to light for supremacy In their Individual classes and. to improvu breeding qualities. McCoy-Maher contest received by roundii Monday afternoon at 1 o'clock. Orphomn. Cafo. CHAHLUS A. LEWIS. STOPS HEADACHE FREE. Will ! ! ( ilnd ( n Know of X Wonderful mill Sure dirts for AIIJ- Kind of llrildnrllf or .Vflirnluln. There has hem fuuml a remedy wlilf-h { hi-uduche , whether IIIMI- s Jt l/lluiis or caused by | "BH of Hlei-p. iref | , W"iiy or weakness. Trio well knuwn < lii mis.t who made tliln fortunatediwovcry tftuiraiiious a euro lit tvt-ry liiHtnnrn In < ! < ) mlniilcg arid will Hcnd a frv trial to all so tliov may trHt tli < > rcinrdy. Bond your rame and adilreM to Max UiBHliT , ki7 Jutir- nul Dullding. Milwaukee , \ \ " . . and he will forward by in.nl n free trial package of CJf8.fl' r Ma t. llL-mUrhi Wafers Tin-y arn Kuafcuitfed fri-c of untlpyrlne , oiiiuiiv or any uliur poison and are Hold tiy all drir'Kl t ad 1U rrnlH a box. If they don't ruru In mlnuti\s the druuglat will refuml the I'litlre amount paid him. Mr. Oconler fs tliontaudH of U'ttei.-i pralslnc hi * dUcovery. , DKAll 81UI huve lunp been n sufferer wl'h hen lac he and luno consulted i.eviful < U ) < torH but fuuiul no rwllcf until I uscil Ofsslrro MUKI Jlead.ni hoVaf ra iilty Jiave < lno l me t" ) much need 1 udvio all Buffcrcrs ito trv tlK.-n Mm n , JiustcJ , Zi.it Boutlj Bt , . PWladcliihla. P . _ ,