THE OMAHA DAILY BEE: TTIT'TISDAY. MAHCTT 15, 1000.
5
MAXIMUM FREIGHT
Riilroads and State Eoard of Transportation
Before Judge Hunger.
DOES UW OF 1893 REPEAL LAW OF 1887?
t llt'iirliiK on Application of I'lnlnlllTN
to lime llii- llnnril Apply for
.Mndlllcnlloil of Order llcfore
llnfnrcliiu tcn Unto,
In the United State rourt Woilnosdaj he.
torn ,Iudge Munger thu Injunctlnn rne
against thu Htute Hoard of Transportation
was called for argument. Tho case Is an
nttempt cf parties In the "maximum rate"
enso to securo an Injunction to retrain tho
State Hoard of Transportation from enfon
Ins freight rates without first applying to
tho t'nltod States circuit court for on order
modifying the Injunction Issued In the crim
inal case!
In tho original ease Hmry L. Illgglrsnn
and other Rtockholdois of the Hurllngton
road Instituted Bttlt against that company to
restrain It from putting Into cfle't the
freight rates required by an art of the Ne
braska legislature In ISM. The decree of the
circuit JudgV. whl'h was alllrmed with Modi
fications by the United States supreme
court, restrained the railroads from putting
the rates Into effect; restrained the Hoard of
Transportation from taking any action under
tho law of 18!i3, and declared that law un
constitutional for the reason that !t was
confiscatory In effort. It further decreed that
the Htiito Hoard of Transportation could
novo for another Investigation In the ensi
when from changed conditions the rate?
would not be unreajonable.
After the dielslon of the supteme court
rltleiiH of tho stale sent lo tho State llojrd
of Transportation protests against the stock
nnd grain rates charged by roads In tills
Mate, with the result that the board, after
considering tho ease, made an order reducing
rates on cattle and hogs to and per cent
respectively from tho charges In effect at
tbn time the order was Issued, ami reducing
grain rates 30 per cent from that In (fTect
December 1, 1891. The contention of the
railroads Is that the board has no power
to chango rates until they proceed to have
tho decree In tho "maximum freight rale"
case modified. The board malntaliiH that It
is acting Independent of thu decree under
tho law of 1S87.
I'lllliitlnV Sin tenient.
W. D. Mcllugh made the opening state
ment for thn plaintiffs who made tho fol
lowing points: Tho right of tho state to
tlx rates within the constitutional limitation
Is unquestioned. Tho theory of the law of
1887 nnd of tho law of 1893 Is radically
different. Under tho Mrst law tho state
ndopted tho plan or regulating rales by and
through a board known as tho Hoard of
Transportation, nnd under the law of 1SS7
tho board was empowered to Investigate
nnd determlno tho reasonableness of rates,
nnd after Investigation to establish such
rates as the mcmberB deemed Just nnd right.
Jn 1893 tho legislature abandoned tho plan
nf regulating rates through n board, and
Instead of that adopted tho plan of regu
lating the rates by direct legislative enact
ment. Tho law of 1893 expressly limits tho
power of the board to action under tbo
Hchedulo set out In that law, and being
Inconsistent with the law of 1S87 neces
sarily repealed tho general powers of the
board under that law. As tho act of 1893
was general and complete In Itself It did
not require tho setting out of tho act
nmended or nbollshed by It as It would had
It been an amendatory act. Hy the repeal
of the law of 1887 tho board has no general
power to establish rates In advnnce of
service, nsjrbo act of 1893 doos. Under
tho decision of tho upremo court of Ne
braska tho board can only act under tho
schedule Tho contention of tho stato
that tbo decreo of tho circuit .court as
dllrmed by tho supreme court wipes out tho
law of 1893 and leaves the lnw of 1887 as
though tho maximum freight bill had never
been passed is untenable. The purposo of
thn decreo wns not to annul tho net of 1893,
tint to temporarily restrain tho board anil
railroad companion from establishing tho
rntes named until changed conditions mado
tho rates equitable. Tho act Is not In
horently opposed lo any constitutional pro
vision, but only In tho operation of the
rato schedule under tho conditions then
existing did It Intorfero with the constitu
tional rights of the plaintiffs. Tho court
made clear Its doslro to only temporarily re
strain tho enforcement of tho rates and
mado provisions for Hie board to apply for
a modification of tbo order when changed
conditions should make tho rates reasonable.
The law of 1893 Is operative to repeal the
law of 1887 and Is only temporarily sus
pended us to tho enforcement of the rates.
"As thn board Is claiming to act under a
decreo of this court It In right nnd proper
for us to ask for a construction of that de
cree," concluded .Mr. Mcllugh.
The Slille'n Aruniiic.it.
W. I). Oldham, deputy attorney general for
tho state, argued substantially as follows:
Tho contention of the plaintiffs Is that tho
law of 1893 repeals the law of 1887 by Im
plication. Courts do not favor repeals by
Implication where both laws can stnnd. Tho
laws of 18S7 nnd 1893 are not conflicting;
tho law of 1893 simply fixed a maximum
nbovo which tho board could not go in fixing
rnten; below that maximum their power was
tho same as under the act of 18S7. There
iva no chango In the policy of the state; tho
rates are still to be fixed nnd enforced by the
Hoard of Transportation, but under tho maxi
mum established by tho legislature The
rehedulo waB tho Inducement of tho law of
1893, and when tho inducement falls the law
Is Inoperative. Tho supreme, court hn mis
pended tho action of tbo law of 1893, but the
Don'tBundle
Your Throat
You can cough your
sclf Into bronchitis,
(pneumonia and con-
.sumption, uanuap,-
nns nna Dunming
vourthront will do
no good. You must
clvc your throat and
lungs rest, and allow
them to heal. A 25 cent
bottle of the Pectoral is
enough to cure an ordinary
cold. In harder cases a larger
bottle is more economical.
It's the best remedy In the
world for hoarseness, bronchi
tis, croup, asthma, sore lungs,
and consumption.
"One f my daughters had a rery
tad rato of asthma. AVo tried all kind
of remedies, but without relief, Tlirea
and one-lulf bottlm uf Ajrr'n Cherry
I'eetoral cured her, Wo think it is a
most wonderful reinrdv,"
Emma J, Kntsminokb,
Jn.3, lfW. lanjjsvllle, Ohio.
TfcrM tliM I fit, Mc, ti4 II. All drt(!ti.
board, while rfwf Mined from establishing 1
nnd en'orting rates under that law. Is not re-i
strained from estnbllnhlng and enforcing '
rntes regardless of thnt law. The leglsla
turo did not attempt to establish any rate,
but simply to fix a "high water mark."
Attorney General Smyth for the state
argued In substance as follows- "This supple
mental bill Is Imploperly on the flies of the
court, for the renton that no notice of appli
cation to flic was served upon the state, as
required by the fifty-seventh rule of equity
proceedings of this court, a supplemen'nl
bill after decree can ask only for fomethlng
that will old the original decree. The pur
poso of tho original decree was to restrain
tho enforcement of maximum freight rates
taken as a whole; tho purpose of the sup
plemental bill Is lo restrain the transporta
tion board from regulating rates under Ihe
law of 1SS7, hence the purpoie of the supple
mental bill
ts entirely different from the
original bill, ami therefore the demurrer to ;
I ... .... . . ...... -,.i irui.
mi; Mill Ilium uv nwovomti.i
Is supported by citations from n largo num
ber of Lngllsh nnd Amrrlcnn authors
Assuming thnt the bill Is properly on tho
(lies of tho court, uo will try tho merits of
he case Tho act of 1893 was declared un-
i , - ,, nf .i,,,
I'nlted Stales m far us the plaintiffs In this
court are concerned, therefore It c nno he
said that It had the effect of repealing thn M . tIl0lp Hlleccsaors nrP
part of the law of 1SS, r v ng the ; uly elecli.! anil qiinlllle.1, and that their sue
nower to fix rates. It would be an anomaly nra . lti,p ,.,.,, ,ho . Tlln,.
to contend that a law was inoperative so
far as Its chief purpose was concerned, but
enforceable In Its minor details, which were
passed for the purpose of nldlng the chief
Intent of the lnw. The contention of the
railroads that the law Is not enforceable s,o
far as rates are concerned, but Is enforceable
so far ns destroying the power of thu board
to fix rates, is absurd. The meaning of the
provision of tho decree allowing the bontd
to apply for u re-penllig of the ease Is sim
ply an Indefinite extension of the right of a
lltlgntit to have a decree against hi in
opened. Hut If the law of 1S93 Is In full
force and effect there If nothing In It Incon
sistent with tho law of 1887, and hence does
not repeal the latter."
Wooltt urlli'M run Ml en I,
Judge Wcolworth, for the plaintiffs, said
in effect: "The decree, though a peculiar
one. must, be enforced. This decree gives
the board power to come before the court In
certain events to secure a modification of
tho order. The court nhould try to reconcile
tho different dailies of the decreo. If you
will go to Lincoln you will find proceedings
in tho courts Instituted by the attorney gen
eral under the act of 1893. alleging It to be
in full force anil effect. We come to you
for a construction of the decree of the court.
The original bill was not aimed at the act
of 18.87. Judge Harland did not take Into
consideration tho act of 18S7. In answer to
our supplemental bill the defendants say
that they are not acting under the act of
1893. hut under the net of 1887. nnd this
drives us to Inquire whether that pretense Is
a Just pretense or an evasion. When such
nn excuse is offered It comes under the
original decreo and may be Inquired Into by
tho court granting the decree. The question
of tho repeal of the net of 1887 should come
boforo tho court."
Mr. Woolworth then cited the case of tho
Minneapolis railroad ngnlnst tho St. Haul
railroad and read from U at length to show
that tho supremo court had sustained his
position In a case which Is recognized as
stnndnrd in subsequent decisions. Ho con
tinued' "We arc not here with a supple
mental bill requiring notice under the equity
rule, but with a supplemental hill such as
under the old Knglish rule would havo re
quired original proceedings. Tho bill
doesn't say that the board shall not tlx rates,
but It does say that It shall first secuie a
modification pf the decreo before doing so."
REVIEW OF THE YEAR'S WORK
('iiiiKreun t Ion nf Cnntnil Proxliy tr Huh
Church llnltl An mull Semlon
for Hill. line IIiikIiiphk.
Tho annual meeting of the congregation
of tho Central United I'resbyterlnn church
was held last night. A representative audi
ence assembled. The secretaries of the va
rious societies made their annual reports
and in tho aggregate tho showing was
gratifying. Iteports as to funds dlseloso
that tho church Is In oxcollont shape. The
membership has Increased by over n score
since tho last annual report and tho at
tendnnco at the Sunday school has materi
ally enlarged. The Central church has va
rious societies and each is In prosperous
condition.
Tho feature of tho meeting, outside of
tho regular routine, was a somewhat spir
ited discussion as to tho selection of a
pnstor. Since tho departure of Kov. Gil
christ Central church has been without a
regular pastor and a call will bo issued
shortly. Several available candidates are
under consideration. This matter Is In tho
hands of a special committed There Is a
tendency on tho part of some of tho mem
bers to hurry matters nnd Issue n call at
once, while others ndvocato further de
liberation. FEW GAMBLING CASES LEFT
I'no OefcmlmitM Vre Admitted In .1 nu
ll ce AlHtmll'N rourt llln Honor'
HeiiHon for So Hilling.
Two more of tho South Omaha gambling
cases wero disposed of Wednesday. In
Justlco Altstadt's court Charles Nortonborg
and John Uirsnn wero acquitted. Only five
remain of the original seventeen cases, and
nono of tho bearings thus far hnvo resulted
in n conviction. Justlco Altstndt gives. In
writing, this reason for discharging Larson:
"After taking tho case of John Larson
under advisement and having carefully con
sidered tho evidence of three witnesses, who
wero employed and paid by tho stato to
get ovldenco against tho defendants, the
court finds thnt there Is no ovldenco that
tho building where tho tables wero located
belonged to Larson or that ho had anything
to do with said building. And further, that
said building was not the saloon of John
Inrbon, but n room back of his saloon.
"Tho court also finds thnt thero Is no
evidence that Iirson set up the devices, or
that ho kept them set up for gain, or that
ho got any money by reason thereof, nnd
tho court theroforo finds that tho state has
failed in tho proof ns above mentioned.
And for that reason I discharge tho defend
ant and release tho bondsmen."
BOOSTING CORN IN EUROPE
Charles .1, Murph J"VIII Tnlk to (he
nnimi-rcliil club About br
Mnlc rriiimuriitiiln,
Dudley Smith Is In rernlnl nt o
cation from Colonel nimrW i m.i,..
nas Been In chargo of tho maize propaganda
in r.urope mr tne past llfteon years. Colonel
Murphy Is now In Chicago, called there from
Knrnpe by the serious Illness nf his' nephew,
and as he expressed a deslro to vUlt Omaha,
nccompanlod by his wife, tho Commercial
rlnh hna rtatrml him in a .
" """ "'. " speaK-
ers ni me meeung uie evening of March
2., when Mr. Oenrgo Maxwell of the Na -
tlonal Irrigation association will address the
club on the subject of the reclamation of tho
arid landa of the west. Colonel Murphy and
Ills talented wiro will at that tlmo discuss Much interest U being taken In tho prepn
thelr work In showing to Europeans the ' """ns for the reception of Miss Heard
many
ay be put as ti food supply.
n- D.,i.. . i i. u.i ......
. . ' """" " ""K py ni- i o'clock. Tho nrrangements commit ce. con
mlniehcd. If you hnvo not seen "The lie- slstlng of prominent klndersnrten teachers
fenso of Champlgny" and "The llalloon," nnd charity workers of the city. Is pre.
call at tho Ileo office, llrlng your coupms ,,.a,r,n.B 'J"" r"om? "r "10 c7lll(1 Having in
cut from Tho Ilea f , stltuto for the lectures, the proceeds of
cut from iue ne. whlcll w u t the surj,ort r tn t
VM 111 Vnn Pn fivn VMIV.VW
llU llUHUlV TUU Ull L ulMPnl
City of Om.ba Must Qt Along Without
Oonnollmen for a Week.
NO COUNCIL MEETING ON TUESDAY NEXT
'Inn Vilnplcil lij- the l'reenl Inciiin
lii'iitn mill (Mile c r-i:trct to Atolil
(lie l.iipxc In (ioveriiiiiput ('mined
liy the ('liiirti'i I'ro vInIoiii.
For one dny Omaha will be without n
mayor, and for one week tho city will have
to get along tho best It can without a coun
18 lm' ' r
" u p, preaeni c .... i er. uu. nerauiur
there will bo no such trouble, as the ofllcers
elected this year will hold over until their
successors nre Installed.
This conclusion was arrived at by the city
" ,orG' " " " u '' '
view of see ng If there Is not some way by
which Omnhu would have no lapse In her
! city government. The charter provides that
I hit nfllnjira first i.lnfoil miliar lt ttrnl'talnn
(, )n ghn (nko tljulr omrp 0 tnp
. . M(1Mllav nfl,,r tll.,,, cIeclion. ti...
means that If the successors of the present
ofllcers wero to qualify this week there
would be a lapse In tho government of the
city of Omaha for ono week, during which
no official business could bo transacted. To
avoid this a plan "lias been entered Into
between tho present officers nnd their suc
cessors whereby In tho case of nil of the
officers, except tho councllmcti, none of the
newly-electeil Is to qualify before Satur
day. March 21.
In the case of the councllmen this rule has
not been enforced, nnd to nil Intents and
purposes several of tho sitting members of
the council will be private citizens next
Monday. Wednesday afternoon I. S. Hascall.
councllmnn-elect from the First ward, qual
ified, and the councllmen-olect from other
wards will qualify this week. As a result of
this condition thero will bo no meeting of
thu council next Tuesday night. Thero will
bo a hiatus of one day In the offices of mayor
and comptroller. On the evening of Satur
day, March 24, Mayor Moores and Comp
troller Westberg will qualify for their on
suing terms, and by that art will put them
selves out of office until tho following Mon
day. Tho ahovo plnn was tho best that could bo
devised under tho loose terms of the char
ter, and as the day lost Is Sunday no harm
can befall tho city from lack of officers to
keep tho machinery running.
Korcdtcru Hntertnlneil.
The members and friend of Court Moving
Sun No. B, Independent Order foresters,
worn well entertiilned Wednesday evening
at Foresters' hall. Fourteen mm ihik.h
streets. Dancing, card playing nnd refresh
ments were the principal amusement fea
tures. The committee In charge consisted
of Mrs. Haysdorfer, Jlr. Oooilwlti, .Mrs.
Althouse, Mrs. Smltti nnu .Mrs. Bcnuizeu.
LOCAL BREVITIES.
Laurel hive. No. 19. I.. O. T. M., will meet
this evening at 8 ut foresters' hall. 14th
and DmiKlas streets. Importnnt business.
Tim Prlnmrv Vnlnn nf Sunday School
Teachers will meet in the Young .Men s
Christian usoclntlon parlors Friday at 3
o clock.
Tho councllmen-elect nre getting ready
to assume tho duties nf their office, and
the stenographer at tho city attorney's
office Is preparing the official bonds.
Tho Walnut Hill Methodist church re
vival meetings, which nre being continued
this week by Itev. C. N. Dawson, nro
growing in Intorest. The attendance is in
creasing every evening.
Tim Young Men's llepubllcan club of the
ivth wnrd will meet this cveninir at
Twenty-fourth and Franklin' streets' to-per.
feet the organization in view oi mo ap
proach of the national campaign,
Thn third lecture In the series on church
history will be delivered In Trinity cathe
dral this (Thursday) evening at 8 o'clock
by Hey. .T. Albert Williams, subject,
"Magna Chnrta nnd tho Norman Church."
Coroner Swnnson has decided not to hold
nn Inquest In the case of Mrs. Idn Selma
Johnson, the Insane woman who committed
suicide Saturday by drowning In Itlver
vlow lake. The funeral wan held Tuesday.
XV. Marcson. alias "HaWbtt." whoso
warren Is at .Vf Ix-avenworth street, was
acquitted In police court Wednesday of a
charge of stealing J33.40 worth of shoes be
longing to V. P. Klrkendall, Eleventh nnd
Harney streets.
Tho Schmoller & Mullsr Piano and Organ
company, whose stock of goods nt 1313 Kar
nain street was damaged by fire early Mon
day morning, has settled with the Insurance
adjusters for $4. 37ft. being 25 per cent of tho
total amount of Insurance.
A match game of continuous pool, 100 balls
up, has been arranged to take place Friday
night In this city between Fred Payton of
Omaha and M, Miller of Jackson, Tenn.
Miller holds i oool championship of the
south. Payton Is a well known tdlllard and
Iool expert.
A general teachers' meeting has been
called by Superintendent Penrso to meet
In tbo rooms of tho Hoard of Education at
tho city hall nt 4:M p. m. tomorrow for tho
purpose of consultation nnd Instruction.
This meetlncr is one of a series of six or
seven which is held during the school year.
Rev. J. C. C. Owens, pastor of St. John's
African Methodist Episcopal church,
Eighteenth and Webster streets, In nn nt
tempt to prevent a fall, wrenched tho small
part of his bai k very severely last Sunday
morning, from which he is still suffering
severely. He was unable to get out of tho
houso yesterday.
Tom MeGutcan, wanted In South Omaha
on a chnrge of burglarizing n harness shop,
was arrested Wednesday by Detectives
Savage, Dunn, Donnhue and lleltfeldt nnd
Is now In the city Jail. When nrrested Mc
Oulgan was In company of G. XV. Cameron,
Elmer Finn nnd E, J. Clark, a trio of no
torious characters.
Tho labor troubles among nsphnlt work
ers at Metz brewery uro nt an end, and
tho men hnvo returned to work. The strike
resulted in a victory for tho contractor,
who discovered that the men did not be
long to a Inbor union, ns they claimed, ami
so had no means of enforcing their demand
for 15 cents nn hour,
Tliey nro now re
celvlnc 17 cents.
Tho nnnunl banquet of the Woman's nl
lianco of Unity church will take place In
tho parlors of tho church Thursday even
Ing. Thero nro no moro seats to be Jiad, but
friends of the church nre Invited to hear
tho addresses at S o'clock. The speakers aro
as follows: Major Huchannan, Mr. Kll.
Patrick, W O. Whltmore, Mrs. White., Mr
McLean. .Mrs. Andrews, Mrs. Loblngler. Jlr.
Stobblns. Judge Foster, JIIss Waterman
Mrs. Sackett nnd Mr. Hadcer.
"Tho renson why tho popular lonn of
paving bonds Is not so popular," says a
city employe, "Is becnuso it comes Into
competition with city warrants. If a man
hns a few hundred dollars to Invest ho
can purchase city warrants, which pay
7 per cent Interest, whllo the bonds only
bear 3'i per cent. Tho bonds nro not snlo.
able because of their small denomination,
nnd a. person Investing In them could not
sell them If he desired to rnlso money."
At tho meeting of tho advisory board yes
terday tho report of the appraisers on
the opening of Hrowno street, from Twentv
fourth to Twenty-seventh, was approved
Tho report carries with It an appropria
tion of $1,150 for damages awarded to tho
owners of the property taken for the
street. Tho health commissioner wns nn.
."".''" ."f V.''u? ,cr" as
tuurizeu iu e... p. uy
needed to protect tho public from Infectious
L1"'
Commander D. P. SInrkev of tlm
bees, who Is making a. tour of thu west
was tho guest of honor Tuesday evening
at tho meeting of Omaha Tent N'o 75
Knights of thn Maccabees, nnd, Ilnllister
Illve No. 21, In Patterson block, in tho
' ,,f(Prn Oommniuler MnrUnv- 1,7.1.1
saltation with State Commander C K
I Hall of Aberdeen, S. D : State Commander
w- w- 'Inbbard f Lincoln and Gcnernl
TtXeolnoe?'' were" nYl Present" t!hXn Sf ;
, meeting In the vonlng' " l" j0lnt
connection with children's homes. The lee"
Hires will be clven Thursday nnd 1.-VI,..,
nitcrnoons ana evenings nt imb ami Tr.io
SOUTH OMAHA ANNEXATION
Proposition In Discussed It) thr ."Mint I. -Mcst
lniiro eiiient liuli
Other Mutters,
At a meeting of tho Southwest Improve
ment club Wednesday night, at the corner
of Twenty-fourth and Leavenworth, tho
matter of tho proposed annexation of South
Omaha was taken up and discussed nt con
siderable length. Everyono present was in
favor of It, except E. F. .Morearty. who de
clared that South Omaha had been mis
governed until It Is unnble to dispose of Its
bonds, nnd ho doubted tho propriety and ad
visability of Omaha going out looking for
trouble by nbsorhlng that city. He took
occasion to administer a roast upon tho
present mayor of South Omaha, to whom he
leferred ns "tho red-headed rooster of the
Hockles," declaring that he had been charg
ing saloons $10 n day for each Sunday that
they wero allowed to remain open.
Tho discussion resulted In tho appointment
of a committee, comprising Abner Wag
goner, D. T. Mount, E. I'. Morenrty and W.
H. Oreenc, to net In conjunction with a
similar committee from the Omaha Cotn
merclnl club. Committees were also ap
pointed to look after the placing of a tem
porary fence nt Twenty-fourth and Dorc.is
streets, another light at Twenty-fourth ami
Woolworth. nnd to securo the repair of
Leveanworth street nt Twenty-fifth, where
thero Is a depression because of breakage of
a water main. Also to put Twenty-fourth
street In passable condition from Mnrket to
Vinton. Thero wns considerable discussion
of a proposition for the repaying of Thlrty
second ntreet to South Omaha and the ex
tension of the street railway to South Omaha
on that street, but no action wns taken.
t SOUTH OMAHA NEWS.
When tho sun went down last nlchr nno
of the most bitterly contested political lights
in tho history of South Omaha was brought
to a close. It was a light at the primaries
under tho new regulations add considerable
Inconvenience as caused tho democrats on
nccount nf tho restrictions placed on vot
ing. At tho last regular registration many
democrats refused to glvo their party poll
tics and they were refused nn opportunity
of voting. A great many others failed to
icglstcr, nnd between removals nnd sick
ness City Clerk Carpenter was kept busy
making out papers for those who desired to
vote at tho primaries.
Tho principal excuse, given for non-regls-trntlon
was absenco from tho city, while
tho next renson was removnl from one pre
cinct to another. Somo voters reported hav
ing changed residence within tho last twenty
days nnd others pleaded sickness as an ex
cuse for not registering. Freltag, Ilrennan
nnd Knsor wero all working hard to get out
voters nnd Freltng's friends wero not idle.
In tho count of tho ballots Ilrennan car
ried his delegates In the Second, Third nnd
Fourth wards, whllo Freltag carried tho
First ward by a handsomo majority, Tho
Knsor delegates wero not In It at tho count
and from tho returns It appears that the
administration was turned down forcibly.
It wns openly predicted last night that
tho Urennan delegation would swing for
Johnston In the convention this afternoon.
Kven nfter tho result was known last night
Mayor Ensor did not glvo up the fight, but
announced that the battle would not bo con
cluded until after the convention this after
noon. Tho delegates aro:
Ilrennan delegation:
Second ward James Sheohan, Andy Mc
Oulre, Dennis dishing, Joseph Vanpole.
Third ward Peter Corcoran, C. N. Shee
han, Larry Cahlll, James Ilannigan.
Fourth Ward D. McLaln, P. Cahlll, Will
iam Hrodcrlck, P. Hannlgan.
Freltng-dclegatlon:
First ward James Fitzgerald, H. M. Chris
tie, A. A. Nixon, S. Shrlgley.
Tho vote wns tho largest cast at primaries
for a number of years, and the result wns
surprising to a great many. Hcts wero made
on tho strsets during tho afternoon thnt
Freltag would win out in the primaries, but
only a few bet on tho Urennan ticket win
ning.
It Is predicted that the convention this
nftemoon will bo a lively one, and it was
openly stnted last night that several sur
prises were to bo sprung.
Thero was no disorder at tho polls nnd
contrary to published statements no deputy
sheriffs wero on duty.
AlineYll t Inn Uticstlnll.
It Is presumed that a committee of tho
Omaha Commercial club v.lll soon confer
with members of tho South Omaha Com
mercial club on tho subject of annexation
tho Idea being to comblno North nnd South
Omaha prior to tho twelfth census. It is
asserted ,that by annexation of tho two cities
a magnificent showing would bo made as to
population, and that South Omaha would be
1 relieved to a great extent of Its debt. At
I the present time tho general and district
Indebtedness of South Omaha amounts to
ahout 500,000, Dy annexation this debt
! would bo secured by Omaha nnd this city
I would securo better flro and pollco protec
tion. It is asserted that If annexation fol
lows a competent pollco force will bo placed
In charge of this district and that the fire
brlgado will bo augmented by tho nddltlou
of at least two hose companies and ono
steamer. Just what action tho South Omaha
Commercial 'club will tuko remains to be
! seen, but It Is known that a great many
tnxpoycrs ore tired ot tho cxtravaganco in
municipal expenditures and that a chango of
some sort Is desired. In addition to In
creased flro and pollco protection tho saloon
licenses will bo increased to $1,000 without
delay, and this will add materially to tho
Incomio of tho Hoard of Education. Tho
streeta will bo bettor cared for, It is as
serted, and tho bank clearings will show a
much larger Increase. This latter fact will
douhtlcss tend greatly toward increasing tho
credit of tho consolidated cities abroad.
Heniilillcnii Primaries Today.
llepubllcan primaries occur today. The
Kelly nnd Slabaugh forces will fight for dele
gations In tho First ward. In tho Second
ward thero is no contest. Tho Third ward
delegation Is conceded to Trainor, whllo tho
Fourjh ward is for Kelly.
Thoso who have moved from one pre
cinct to another since tho last registration
may have their primary votes sworn in by
tho city clerk and thoso who failed to reg
ister last fall by reason ot nbsenco from the
city or sickness may also secure proper doc
uments from tho city clerk which will allow
them to vote. The process Is similar to that
of swearing in a vote on election day, two
freeholders being needed to vouch for the
applicant for papers. Polls will bo open in
each waid from noon today until 7 o'clock.
MriMtcr Cnrpenlerx OrKiinle.
Tho mnster carpenters of South Omaha
i..... ....Innli..! nn nrirnnlzatton with N. R.
imvi' l't .i.v.v.. .... .o -
Carter, president; Theodoro Schroder, vice
I president; Ceorgo E. Dunscombe, secretary:
Carl lienucr, treasurer, a iiuuiu u. minium
appointed by President Carter wns approved
by tho members, and tho names follow: N. V.
Carter, Theodoro Schroder, Carl Ilonlzcr,
Oeorgo E. Dunscombe, D. M. Click, D. Har
rington, C. L. Mnnnnrd, D. J. Farrell. By
laws wero adopted and tho charter will re
main open until March 19. Tho next meeting
will bo held on tho evening of March 19. nt
I the office of Dulldlng Inspector Dunscombe.
l'nst WIiin the llleyele.
Lloyd Post, son of Walter M. Post, Tucn
i.,.c,,.r.n.i, nnd Mndisnn streets, a carrier of
Tho Hee, has been awarded tho Victor bi
cycle for securing the largest number of
new subscribers in ono month. Young Post
went at tho work In earnest and by making
a thorough canvass ot his route succeeded
I In Increasing It 100 names, thu tnJorlty he
Ing paid In advan.e The bliylo offered as
a premium to tho urrier Is one of the latest
Vl.tor models and Is a flrst-ilass machine
In every respect. Kd Tynan, another Hee
carrier, wns n cloio second In the contest
for the bicycle.
At.mle I'll)- l.iinslp.
Will Maine of Dexter. In , was In the cltv
yesterday visiting friends. ,
J. M. Tanner, editor of the Tribune. Is
out for a place on the Hoard of Education
An Important meeting of Nebraska bulge
No. 227. Ancient Ord r flitted Workmen,
was held last night.
Thn otienlinr of Cudnhy's cimilng faetnri
in Kansas City will iloulitlev decie,ie the
forte at the catmint factory Ive
It was a great day for llverynii n yestc -day.
as nearly every tig in the 1 1 w.,s In
use by the different democrat I" fatlin.
11. W. Howe has been tin nnd bv the
united labor party as a candidate for polio.
Judge to take the place of I. T. 1'iuers.
Knoxall council of the Knjiil Aron. un
will give a social session, with music, nrjs
nnd refreshments, on Friday evening.
Fritz Freltag offers to buv his diamond
stud back from the thief nnd n.k no ques
tions. Ho wants tho stud regardless of
price.
A great many First ward republicans nre
pleased over Colonel Lott's decision to again
be a candidate for member of the School
board.
A dally catniMlcti sheet Is to lie Issued by
the labor party during the spring cam
paign. The tlrst Issue will make Its appear
ance on -March 19.
A recital under tho auspices of Hie
Woman's nuxlllary of the Young Men
Christian association will be rIhi nt th
Metliodlst church on the evening of
.March 20.
Hest whisky on the market, 10c, at Wylle s,
1513 Farnam.
CADET OFFICERS OBJECT
llo .Not I.Ike Ihe Hole Which lnUes
Them Keep ( i tilth Tlielr
Classes,
The recent adoption of a rule by the Hoard
of Education to tho etlect that promotions
of olllcers In tho Cadet corps at the High ,
school should depend in a measure upon
their standing iu their classes has raised a
loud protest upon tho part of the olllcers of
the cadets, who profess to believe that tje
standing In the elnsses should have nothing j
to no wiin inc.r pro.uoi.on as omccrs or iiioi
cadets. The board milled to the woes of tho
olllcers who find It too much trouble to study
by providing th.it In order to maintain c lam
standing tho pupil Miould have a general
average of 70 per cent, instead nf U0, as
heretofore. Tho matter of new appoint
ments depending upon class standing might
have been borno without murmur, if not
pleasantly, but tho rulo making that pro
vision nlao provided that In order to hold
tho rank conferred tho pupil must keep up
with his iichool grades.
Tho pupils complained to Principal Water-
houso of tho High school, who was active
In getting the now rule ndopted. He stood
pat by tho rulo and the Indignant olllcers
sny they will take the matter b fore tho
board. Secretary Olllan of the board said
Wednesday night that he had heard of no
protest.
Superintendent Pearse said that the rulo
had been adopted In harmony with tho
practice of eastern colleges, which makes
tho holding of olllce In organizations of this
kind dependent upon class standing and
strongly intimated that the rulo would not
bo rescinded with his consent.
Free to the
Ruptured
Dr. W. X. Illee llie Well K.iimvii An-hnrlt-.
Mentis n Trial of Ills
I'nuio.is Mrtlmil Free To All.
Out of the chaos of old-time falluro comes
a now and startling euro for rupture. Dr.
W. S. Rice, S12 N. Main St , Adams, N. Y.,
t 'I iir,ril(llTirtii(rarsiwir'Tr
I
MR. CHAR LA NOR
has Invented a method that cures without
palu, danger, operation or nn hour's loss of
tlmo trom tno day s worn To avoid all
nuestlons of doubt he sends free to every
sufferer a fiee trial ot his muthod nnd thero
can b nn earthly reason why anyone, rich
or pool, should not avail themselves of this
generous offer. As nn Instance of this re
markable method, the cure of Charles
Lunge, Morrison, Ills., Is u welcomo plcco
ot intelligence.
Mr, Lungo Is n well preserved old cootie
man, 72 years of age and for eighteen yearn
had a bud double rupture which no treat
ment could cope with. Aftor a short uso
of the Rico method tho left rupture healed
entirely and tho right was almost closed
In a few weeks, Today Ho Is as sound as
a dollar, wears no truss or other support
and his cure Is only one nf hundreds of
similar cases reported by those who uso
tbo Rico method. Bend tor this free trio
Don't bci backward. It will surprlso you
with Its wonderful power to benl. And It
you know of other ruptured people ask
them to wrlto for them Do not fall to
write at once, do ho today
Announcement !
PKOF. TUKO. KIIAKAS 1icK1hh a
now class today in THHNRHUASKA
SCHOOL OF ill A (J Mi MS.M, 1515.
1517 Chicago street. Students may
enter at any time, but it's conven.
icnt to liave tliem enter in classes.
Tuition, SI 00, payable iu advance;
n -tor April 2, $2()(.
THE
NAME OF
On Lard, on Ham, on
Bacon is a guaranty
of purity.
Swift and Company,
Chicago, Kausus City, Omaha,
St, Louis, St Joncpli, St. Paul,
dAPPOSE
THADCMANK(
SOAP.
A Transparent
Glycerin Soap.
Delicately Perfumed.
Clear as Crystal.
The perfection in tho nrt of
soap milking obtained only by
long research in the laboratory,
A
t
designed especially for toilet
and bath.
JAS. S. KIRK
Ravenous La Grippe !
Ihtirntmx juriously voracious, hungry to )'ir, rapacious'
No weaker word ean desi rlbe the rrrtble form My of K'i Orlppe, Hnvo
-i a o M- your lungs son doll heid.i. he limbs oid mIius pain -feverish?
T.il,. Mire' La (irn.ne Is Hie illug I iiMi'd j n '
La (Irlpne s lifter ctTe n are terilbb' It ViVch h wl'll sh.ittnrd
nerves, dlsordcredstonia.il (logged bowels d inglxli 1 1 r and weakulied
klJueis N.i part of tbi' sjsteni si apes Its sirr.isd b.M o'
1,11 irliie Is liniilslied b
Dr
Kay's
It sum ilesti-njn ci.iv ml. hi
and removes the ra. klni; hin
Ka's Renovator Tablets then
(irlppe. banishes the terrible he
Weakened bv Irfi Oilppe, sttmulu
in is and bowels, tctorcs to o
Ktep which are flu marks of so
I'LlTll.LY t'rllKl).
unites iitnnri taiii.i: riium
M ItS MAKIliN'ST. t'LAIIU: of A
sh
and myself had a vers- bad attm
icree that had It not ,i fur om
k or
Dr.
iontor. w. would not have lived "
RKKl'SK ai ltSTl'i'l TKS Itemed
Halm and Dr. Kay's Reuov.u r a"
At druggists or from us bv mall, pns
and i!oi . Dr Kay's Renov.itor iic
Medical Advice, Hablple and Rook
lea
not
t.ige
and
Dr. B. J. Kny medical Co.,
HAYDEN'S
PIANOS
Our spring slock lias all arrived. U you visit . ourjii
ano department, you will Bee Hie grainiest assortment of
magnificent pianos ever exhibited under one roof. You can
compare here, side by side, the leading brands and makes of
the world's foremost piano manufacturers. Among this
grand stock of instruments is found one piano that tho
sun never sets upon the Chickoring. it is used in evory
clime and in every country, where music finds its highest
expression. You find it in the leading homes of the land,
in the leading conservatories, in the convent hall and upon
the stage wherever there is a demand for a perfect piano.
You will also find the Fischer; in their most elaborato cases,
Lester, Doll, Franklin and It) other makes to select from. All
instruments sol1 on easy payments, if so desired. Pianos
slightly used going at their actual value. New pianos for
rent. Wo handle Burdette and Newman Bros' organs.
Pianos moved, tuned and repaired. Telephone 1083.
Hayden Bros.
Your Dealer
DISTRIBUTORS:
ROBERTSON BROS,,
for Omaha and Vicinity.
icago. W
& CO., Ch
Lung
sv 5
Balm.
lo La fli'lppe genu Hi it links In your blood
t. ..ring la ittlppe tough 'I h' use of Dr.
Ii'iirs tlu s,Ht. in of .ill the dregs jett by La
aib.i he, builds up and in Igorales the parts
tes the liver. I nn s up the stomach, kid
u the dear skin, the bright ee and buoyant
uud health and billies you out COM-
Rider. Win, cuisln, writes: ".Mr. St. Clulro
ui'ippe Inst .i.inuaiy. and we both
K.'s Lung Halm and Dr. Kay s Re-
"J ust ns clood" as Dr. Kav's Lung
miide or sold by any ono nnywhere.
prepaid- Dr Ka s Lung Halm 10e
?!. six for $5. Addicss us for Frco
Saratoga Springs. N. Y.
Sells Them.
ROTHENBERG & SCHLQSS,
For Slate of Nebraska.