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 . _ ,
