TITE OiMAHA DAILY BEE: THUKSDAT, MATiCIl 20, 11)00.
r
UIAILANAT10NAL BANK CASE
Defendants ProUtt Agiint a Rthearlng in
DcugUi County Diitrict Conrt.
COUNTER SHOWING IN SUPREME COURT
Clnlm In Srt tp Ihut the Court linn No
Jurisdiction to llocnll 11 .Mnnilntc
iNnurit l".f-it to Correct
Clerical Errors.
LINCOLN', March 28. (Spoclnl.) The de
fendant In tbo case of tho 8tato of Ne
braska against the Omaha National bank
filed a counter showing In the supremo
court today protesting against the Issuance
of another mandate ordering a rehearing of
the, caso In the district court of Douglas
county. This suit involves 1201,000 of stato
money lost through tho defalcation of ex
Treasuror Hartley. Tho Inst decision of the
supreme court reversed the decision of the
Douglas county district court and the case
was remanded for further proceedings. Tho
defendants moved for Judgment on the orlg- i
Inal proceedings and the motion was sus- i
talned. Attorney Ocncral Smyth contends
that the lower court violated the terms of
tho manduto in not ubmlltlng the caso to a j
Jury for nnothcr trial and nsks for another
and more explicit order compelling tho dis
trict court to try tbo issues of tho caso
ngalu.
Tho counter showing of the defendants
alleges that tho supreme court has no
Jurisdiction to recall a mandate once Is
sued except for tho purpose of correcting
clcrlral errors and it is (inserted that the
showing mndo by tho attorney general does
not disclose any errors iu tho supreme court
decision.
It Is nlicgcl that the opinions of tho
Judges of tho supreme court decided no
question of law or of fact and furnished no
rule of procedure that was of controlling
force on the district court. Tho opinion re
versing the district court and remanding
the caso is analyze! as fellows:
Opinion Aniilyril.
"Judge Sullivan handed down an opinion
holding that the trial court erred in in
structing the Jury to return a verdict for
tho defendant; and which, opinion docs not
pass upon any other error In said case; that
Harrison, chiof Justice, handed down nj
written opinion in which ho expressly stated
that ho dlil not concur in any part of tho
opinion of Judge Sullivan und which was an
actual dissent thereto, but that In his opinion
tho district court erred in oven tiling tho
application of tho State of Nebraska for
loavn to dismiss its action -without prejudlco
before, final submission of tho case to tho
Jury, that the third member of the court,
Judgo Nnrval, took no part in the decision;
that no two members of the court ngrccd
on any question of law or fact as ground
for reversal, and hence, as two members o.
tli (i court held that the Judgment should ba
reversed, but for different points of error,
ft Judgment wan entered reversing the Judg
ment of the trial court, but not directing
anything further as to tho particular manner
of procedure, and tho Judgment of tills court
and Its mandate to the district court ro
versed said Judgment of tho district court,
hut did not direct a new trial of all the
questions of law and fact In tho caso."
The counter showing alleges Miat the su
preme court as now constituted cannot
rightfully glvo an Intrepretallon of tho
meaning of the former Judgment. When
the opinion was handed down the court was
composed of Judges Harrison, Norval and
.Sullivan. Judge Harrison has slnco retire!
from tho bench mid henco cannoi partlclpa'o
In Hi Ik subsequent Interpretation, and no
decision can be rendered on these questions
by Judge Sullivan alone, as tho constitution
tequlrr tho concurrence of n majority tf
tho court In all opinions. Judgo Holromb. It
la alleged, cannot pans Judgment on opin
ions rendered by thn former court. It Is
further alleged that ho Is disqualified from
tho fact that he held the odlco of governor
and no such directed tho commencement of
thin suit and also tcatlilod as a whitens on
behalf of tho state In a milt lately pend
ing ngalnht ex-State Treasurer Hartley and
his bondsmen. In which was Involved a re
covery from Ihrm of the same money for
which this action was brought.
Tho nttorneys appearing for the Omaha
National bank nre It. S. Hall, W. J. Connell
nnd John L. Webs'cr.
Itallroilit Hole Chuck.
Tho various railroad rate eases which
have been pending before the State Hoard
of Transportation for several weeks will
lie called up for consideration tcmorrow
mrrnlng at 10 o'clock. On account of the
complicated condition of the railroad rate
1 ligation it Is quite probable that several
of tho eases will lie dlsmUscd. Several of
tho roads are being prosecuted In the su
premo court by the attorney genernl and at
the samo time un effort Is being made to
enforce n widely dlfforent scale of rates un
der tho Jurisdiction of tho Hoard of Trans
portation. ,
run'nway engine crushed Into n freight
train on tho Hurlington railroad nenr Have
lock today. The crow In charge of the
freight train escaped uninjured and the en
gines were only nllghtly damaged.
At a special meeting of the library board
liiRt night plans were ndopted for tho Car
negie public library building. The proposed
building will bo SOxlCO feet In size. It will
bo practically two storlcH high, the plan
calling for one story and an extraordinarily
high basement. A museum will be placed
in the basement. Tho building will cost
IfiR.OOO and the llxturen $7,000.
Tho Kvans Ulile club of Columbus filed
articles of Incorporation with the secretary
of Htnt o today. The club Is capitalized for
J5.000. Tho incorporators are. C. 1). Kvnns,
ABSOLUTE
SECURITY.
Genuine
Carter's
Little Liver Pills.
Must Bear Signature mt
Sm Fac-Slnlto Wripptr Below.
Tary at til ud a twr
F0R HEADACHE.
FOR HUMUS.
ran iiuoutiett.
FOR TORPID LIVER.
ton CONSTIPATION.
fOft SALLOW SKIN.
FOR THEC0MPLEXI0N
. oanvimi nmmonuMTMi.
CUBE SICK HgAPACH.,r
CARTER'S
ft
Bc-her
1 Otis C flcdier
PROCLAMATION OF GOVERNOR
Cnttle In Ortnln l.ncnlltlrn In Stnte
tliinrnntlnril on Account of
'IV x n x I'eipr.
LINCOLN. March 28. (Spec Int.) The fol
lowing proclamation, quarantining certain
localities In Nebraska on account of Texas
fever. wan lasucd today by llovcrnor
Poynler:
STATU OP NUHRASK'A. HXKCt'TI VK
DI'Jt'A ItTAt KNT,. LINCOLN. March 2S.
Whcreas, It has been brought to my no
tice by a circular lsued bv the United
States Department of Agriculture and
through other sources that a contitKloun una
Infect ohm disease, known ns splenic or
southern fever. exists Htnong cattle In the
area of tho United Stale hereinafter set
out,
Now, therefore. I. William A. I'nyntrr.
governor of the state of Nr",nM
!iurtoe of nreventlnK the Introduction ati'l
si'read of "said illsrnso In this. Mate. do. by
virtue of the authority vented In inc. hereby (
nmnlrilm flti fit I thi, Ul lljlV .if Alirtf.
i:). and the 30th day of November of the
same year Hliy cattle Imported from tbo
said area or district shall be brought In
subject io the regulations hereinafter set
forth.
First-All railroad nnd transportation
companies In this state transporting such
camo inio or inrougn huh nmi, or, mm
J Oarlow, Fred Stlres, Albert
IlllHJ IIUO l IMIUUKU Illtr. nn.l-, ... ,,fc . VU3W Ul Ill'll lUlllI, (J 1 9tU SB IU II ll'U UJ O U -
hall receive or ship such cnttle that have, i pcrlntcndcnt C. I). Manuel of St. Paul; "He
Ifivon'outTfVr qulrements for Teachers." Superintendent
x
P
I
tiolnt wberu ihev were received by such
railroad or transportation company for
transportation Into or through this state,
shall, by their bill of lading or waybill,
state explicitly whence said cnttle were
originally shipped or driven and shall
stamp thereon In large letters thp words:
"FltOM THH Sf HKDULKI) DISTIHCT,"
nnd on cars carrying cattle from said area
shall bear placards stating thnt said earn
contain "HOl'TIIUHN CATTLH."
Second All railroad nnd transportation
companies that shall so reeclvo and ship
such cattle shall Immediately, after the
said cattle are unloaded nnd before the cars
are used for nny other purpose, cleimsaiitid
disinfect such cars In which the mime uro
shipped, by removing nil manure and litter
thoroughly from the floor anil side of cars,
inside and out, to places Inaccessible to. ani
mals of the bovine species.
Third All railroad and triinstiortutlon
companies that shall hereafter unload such
cattlo In any yards along the lino of their
said roads or routes of travel shall unload
such cattle In pens set apart especially
for such cattle nnd shall allow no other
cattlo to enter Into or to placed In such
pens.
Fourth The enrs used to transport such
animals and the pens In which they are fed
nnd watered nnd the pens set apart for
their reception at points of destination, ex
cept those iiens that are set apart for the
exclusive receiving and yarding of such
cattle, shall be disinfected in the following
manner: (a) Heinove all Utter and manure.
This litter and manure may be disinfected
by mixing it with lime, or saturating it
with n f per cent solution of 100 per cent
carbolic acid; or If not disinfected. It may
be stored wliere no cattle can come in con
tact with It until nftcr November 30. lfW).
(hi Wash the cars and feeding water
troughs with water until clean, (c) Satu
rate tho walls nnd Moors of the ears and
fencing, troughs and chutes of the pens
with a solution madn by dissolving four
ounces of chloride of lime to each gallon
of water. Or disinfect the enrs with a Jet
of steam under pressuro of not less than
lift v pounds to the square Inch.
Fifth -Cattle originating iu said nrea may,
after having been properly clipped, under
the supervision of an inspector of the dc
p.irtmtnt of the Culled Htntes Hureau of
Animal Industry, be shipped without fur
ther resttletl'in. Provided, that the cattle
when dipped be shipped in clean curs and
not be driven through the .infected dis
trict or unloaded therein, ex'ecot at such
polnW as may be duly designated by an
order Issued by the denartment of the
Cnlted States Bureau of Animal Industry.
Sixth From November 1 to November 30,
Inclusive, cattle from said area, which are
found free of Infection upon Inspection by
olllcers of the department of tho United
States Hurcnu of Animal Industry, may lie
moved Into the state without restriction. If
evidence of Infection Is found upon such
Insoei tlnn the cattle must be dipped In ac
cordant with the provisions of section A
before same can be permitted to enter thlo
state.
Seventh Cattle froom the Republic of
Mexico may lie admitted Into this state
after Inspection according to law as fol
lows: (a) Cattle free rrom snlenetle or
reran fever and from contact therewith
during the three months preceding such In
Upectiou, nnd which have beeen grazed In n
locality free from Infection of such fever,
mnv lie admitted Into this state. If des
tined to points In this state a special per
mit must lie obtained rrom an Inspector
of tho Hurcnu of Antma: Industry, said
permit being Issued according to the regu
lations of said bureau; the cattle for which
said permit Is Issued must not be driven
through the Infected area, nor lie unloaded
In any part thereof except nt such points
as may be duly designated by an order
Issued by said bureau; If shinned Iu In
fected cars or unloaded in tho Infected area,
except as above stated, they will be sub
lect to the regulations concerning Infec
tious cattle. (1 Cattle found upon Inspec
tion to be Infected or to have been exposed
to Infection during the preceding three
months must bo dipped nt port of entry
under supervision of an inspector of the
department of the Cnlted States Hurcnu
of Animal Industry prior to admittance to
the state of Nebraska; after dipping, said
cattle shall be subject to the conditions
specllled lu the last preceding paragraph.
Hlghth Notice Is hereby given that cattlo
Infested with booplillus imvlx. or southern
cattlo tick, disseminate the contagion of
splenetic or southern fever (Texas fever);
therefore, cattle originating outside of the
district described by this proclamation nnd
which are Infested with the booplillus bovls
If m shall be considered us Infectious cat
tle and whnll lie subjected to the rules and
lcgulntlons governing the movements of
southern cuttle
Ninth -Stock yard companies receiving
cattle Infested with sntd ticks shall plnco
such cattlo in the pens set nsldo for tho
usii of southern cattle, ami transportation
companies are required to clean and disin
fect all cars which hnve contained tho
samo In accordance with tho requirements
hetutofore enumerated.
'Perth Ml stock yard companies In the
Htate of Nebraskn receiving cnttle from tho
rcei'iiled dlstrlcl shall set apart certain
norlioiis of their yards for the cattle de
scribed In this proclamation nnd shall con
spicuously mark same, and shall provide
separate chutes, alleys und scales for such
cattlo, and where the waybills or bills of
Iodine and ears of the railroad tlcllvorlns
the same show that they aro the kind of
,i-tui,f i,i-n,n' in-ni-i iiM-o. nicy sunn no piaceu
1 1.. !... t t .... m .... ' -
in .iiiiL i'i'iiiimi ui un? ynro pet apari tor
such cattle, and in no case shall such cat
tle be unloaded by any rntlrnad or trans
portation company in ynrds or pens other
than those set apart for tne excluslvo re
ceiving and yarding of such cattle.
Kleventh All stock yard companies In
this state receiving cuttle from tho sched
uled district shnll yard such cattle only In
pens set upnrl for their exclusive use nnd
shall not permit tho driving of such cat
tle through any nlleys or over nny scnles
other than those set apart for that pur
pose; nnd said stock yard companies shnll
not permit any cattle that havo been Im
ported from the scheduled district to leave
tho yard to bo driven Into, upon or over
or ucross nny public street, highway, alley
or common.
Twelftli-Cattlo may be Imported from
the scheduled localities when they nre des
tined for Immediate slaughter In this stn'e.
in which case such cattle shall not be
driven over nny public highway or common.
Thirteenth-Cattle from the scheduled
district inity, whllo iu transit through this
stato. lie unloaded for the necessary time
required for feeding and watering at the
stock yards at South Omaha. Lincoln.
fJratul Island and Aurora, In said state, nnd
then only In pens and feed yards set npnrt
for the exclusive use of such cattle.
Fourteenth-Transportation and stock
yard companies nro required to fully com
!lv with the. above regulations.
Fifteenth-All cattle coming Into this
stato In violation of any of the forccolng
rules shnll be held In qunrnntluo at tho
risk and expense of the owner or con
s gnnr for a period of ninety days, or until
thev shall tie otherwise disposed of In ac
cordance with law.
This proclamation to go into effect nnd
bo In force from and nfter tho 1st day (if
Anrll. A. I). 19(10,
In testimony whereof I hereunto set my
hand and caused to be afllxed tho great seal
of the state of Nebraska. Dono at Lin
coln this asth dav of March. A. D.
WILLIAM A. POVNTEH.
Hy tho governor:
V.'. F. PortTHH, Secretary of State.
Pout pone Action on llrlilncn.
OKIUNfJ, Neb., March 2S (Special.)
The county commltsloners, at their meet
ing to consider the bridge propositions, post
poned final action on tho matter until their
next meeting, not deeming It advisable to
submit ppnposltloiiH for new bridges until
tho approaches thereto were, made county
roads, It Is presumed that these. Interested
In the two new bridges, which are to bo
located nt Sunflower and Mlnatare, respect
ively, will make the arrangements to avoid
i that objection by the next meeting. The
potltlona were algned by 272 persons. 4
PEDAGOGUES TAKE COUNSEL
Three Gathering! of Tetcbers Are H?!d in '
Nebraika. 1
AT HASTINGS, BEATRICE AND WAYNE
Atiniml MrctlnKS Arc llclil nmt Topics I
of liilcrcNt to the Profession Arc
Discussed The I'riiKrimi
in llctnll.
HASTINGS, Neb.. March 2S. (Special
: Telegram.) The eighth annual meeting of
.. rVntrnl Whrimkn TnTchern nKncl.itlnn I
lontrnl .Nebraska Teachers association
opened a three days' session here today at 1
the Presbyterian church. The meeting was ,
opened at 2 o'clock by President Horaco F. i
, .
t'arson of Kearney. The program was as j
follows: tlound table rural schools confer-
ence. Superintendent C. Q. Jester of Clay
Center presiding. "Tho (IrenttHt Need of
Our Hural Schools," Superintendent A. J.
O'Malley of Oreclcy, discussion led by 0. S.
Llnlngcr of ljup City; "The Teacher from
1 P. M. to 0 A. M.," Superintendent Kv.t
Caso of Hed Cloud, discussion led by Su
T. F. McCarthy of Aurora, discussion lol
by Superintendent W. T. Uottcnflold of
Nelson. Ornde nnd High school confer
ence, Principal J. F. Mathews of Orand
Island presiding: "Kngllsh In the Grades."
Miss Ksthcr A. Moyer of Kdgar, discussion
led by Mr. Allen of Miller; "Kngllsh In
tho High School." Mrs. K. K. Croracs of
Nelson, discussion led by Principal L. A.
Ollnger of Overton; "Tho Proper Hasls for
Promotion," Superintendent C. L. Anderson
of Ord, discussion led by James Sparks of
Fairmont.
The session met again this evening. After
music by the orchestra and Invocation by
Hov. Vandyke Wright nn address of wel
come was delivered by Mayor Jacob Fisher,
which was followed by a response from J.
L. Mcllrlen. A lecture on "How Geographic
Knrvlromncnt Han Shaped Our National
HlHtory" was given by Dr. Jncqucj W. Ilcl
way. The session Is well attended, as there
aro 200 or 300 teachers In attendance.
.Son tli ran tern Assoc hit Ion.
HKATUICK. Neb.. March 28. Special
Telegram.) The Southeastern Nebraska
Teachers' association conVened nt tho High
tichnol building In this city today. Tho at
tendance Is large. Three sessions a day,
with Interesting programs for each, arc an
nounced to conclude Friday evening. Tho
lending educational talent of the state will
mako these various meetings pleasant and
lnstructlc. Tonight the Inter-High
School association engaged In a splendid
debate nt the auditorium. The trust ques
tion was discussed, with Crete and Falls
City on the afllrmatlvo nnd Nebraska City
nnd Beatrice on tho negntlve. Tomorrow
the program Includes discussions and papers
on school work nnd management, with tho
evening devoted to a lecturo by Prof.
Jaqucs M. Hcdway on the subject of "How
Geographic Knvlronments Have Shaped Our
National History."
North ebrnsbn Asaoclntlnii.
WAYNE. Neb., March 28. (Special Tele
gram.) The North Nebraska Teachers' as
sociation convened here today in annual
session and In spite of the Inclement
weather tho attendance Is good. Lar.e
delegations arrived on all trains. About 250
aro already In tho city and it Is expected
that by tomorrow tho number will be In
creased to more than 100.
Tho reception committee was at the trains
to meet tho different delegations and as
sign them lodging. The first session was
held at tho court house this afternoon at
2:30 and was called to order by President
I). C. O'Connor of Norfolk. Miss Ellen
Austin of Stanton was elected presiding offi
cer. An Interesting paper was read by"
Miss Uollno Clark on "Tho Requirements
Necessary to Graduate from tho High
School," which was thoroughly discussed.
Tho High School Declamatory association
wns organized by tho election of tho follow
ing ofllcers: Prof. Miller of Randolph,
president; Prof. Seykor.i of South Omaha,
vlco president; Superintendent Laird of
Fremont, secretary.
Tho north Nebraska high school declama
tory contest takes place at the opera houso
tonight, there being two contestants In the
oratorical class, eleven In the dramatic and
thrco in the humorous.
wo.ir.vx will iMtosKcrn: iii'sn.vxn.
Ilrs. I : in m ii F, Coon Ih Itnlnlnc Funds
for Attorurj h.
ASHLAND. Neb.. March 28. (Special Tel
egram.) Mrs. Kitinm F. Coon, tho divorced
wlfo of James Warren Coon, who narrowly
escaped death at his hands on the afternoon
of Mnrch 10 and who is now living In South
Omaha, was in Ashland today, coming from
Wahoo this morning, where she had been to
sign tho papers calling for his appearance
in court for preliminary hearing. Mrs. Coon
was here raising money to employ attorneys
to assist County Attorney Gllkeson In tho
prosecution of Coon, who, it is reported
slnco his arrest nnd confinement In tho
county Jail at Waboo, has several times
threatened to make another attempt on her
life. It Is also reported that Coon has said
that when he came back to Ashland he would
burn tho town nnd would shoot five of tho
men who wero Instrumental In securing his
incarceration in tho county Jail.
A fow days ago Sheriff Thomas Farris
took Coon from tho Jail at Wahoo to Oaiaha
to see his son, William Coon, and havo tho
latter Intercedo with his mother and havo
the prosecution stopped. Tho son rofuscd to
do bo. Coon hns a bad record. Ho nt
tempted to shoot his wlfo fourteen years
ago, when they wero living at Chester,
Neb., Mrs. Coon saving his life when tho
mob had a ropo around his neck. Coon's
caso has been transferred from Justlco of
the Peaco Moon's court In Ashland to tho
county court in Wahoo. The preliminary
hearing will occur at Wahoo on Thursday.
April .1, the prisoner having recovered from
his sickness. His plea will be Insanity.
IIIIIMIIIT.S OK SrOH.1I IX STATU.
Ground Ilrlim Tut In Good Order for
Sprlnnc Work.
OinnON. Neb., March 28. (Special.) A
slow, drizzling rain fell here last night,
turning to snow early this morning, but tho
snow is melting fast.
NORTH LOUP, Neb., March 28. (Spe
cial.) A shower of rain fell hero last night,
lasting about two hours.
NEHRASK V CITY. Nob.. March 28. (Spc
rial.) This section was visited by a hcivy
rain last night. This will placo the ground
in good condition for spring plowing and
seeding
PLAINVIEW. Neb., March 28 (Special.)
It has rained and snowed for tho last
twenty-four hours. The ground Is In fine
condition. Some small grain has been
sown.
Notice of WniiKh III llnnlln,
PLATTSMOUTH. Neb., March 2S.-(Spo-clal.)
The American, a newspaper pub
lished at Manila, P. I., Just received here,
rontnlned the following In regard to the son
cf Samuel Waugh, cashier of tho First Na
tional bank of this city: "Lieutenant Waugh
of Company H. Thirty-ninth Infantry, ar
rived from Thyahas yesterday on the N. S
del Carmen, bringing with him fifty-five
tslrl; men and one wounded soldier, belong
ing to the Second battalion of that organi
zation. Tho wounded man was shot through
tho nrm and leg. and was being brought In
to the first reserve hospital. This was the
day previous to tbo death nf tho young llou
tenant. and Is the only word ro:clvcd of
him by the parents except tho report from
tho War department.
Itolibers Sentenced to .lull,
DAVID CITY. Neb., March 28, (Special,)
-In the district court Saturday afternoon
Richard Smith nnd Oliver Stevens withdrew
their plen cf not guilty nnd plead guilty to
the second count In the Information, charg
ing thorn with daylight burglary. Oliver
Stevens previously c-mfessed his guilt and
his namo was Indorsed on the Information j
against Smith. Stevens further gave the j
names of parties who had furnished toolfl
to assist them In liberating themselves from
tho Jail. Judge Sornborger, in view of Stev- ,
ens' confcFfdon and turning state's evidence,
sentenced him to tho county Jail for sixty
daye. Richard Smith was sentenced to the
penitentiary for a term of two years. )
District Court nt rtnttsniotith. '
PLATTSMOUTH. Neb.. March 2S. (Spe
cial.) in tho dlstrl't court the case of
Charles Williams against Edward L. Pariah
wns dismissed for want cf prosecution. 1
The motion for a new trial In the case of j
George Hurlhut against the Chicago, Hur
lington & Qulncy tallroad was overruled onl
Judgment given on tho vordltt, to which Me- (
fendant excepts, and Is given forty days In i
which to file bill of exceptions. !
Sale was confirmed and deed ordered In
tho case of the County of Cass against M. i
N. Anthony ct al. ;
In thn rase of Lulu N. Humphrey against
William A. Humphrey the plnlntlff was
given until April J to file nn amended peti
tion, to which tho defendant excepts.
Tho case of Annie Wllkison against John
Wllklson was set for trial March 30.
In the caso of Christian K. Moeklnhattpt
ngnlnst R. T. Rochford the Judge appointed
Iouls Neltzcl as receiver.
lliillilhiK Ilooiii nt (iriuid Islnuil.
Git AN I) ISLAND, Neb.. March 28. (Spe
cial.) Richard Got'hrlng Is now excavating
for tho basement of a business building on
Front street on tho lot adjoining the Koeh
ler hotel on tho west. Tho building Is to
be 121x18 feet, two storlea high, besides tho
basement, and bo contructt'd of Iron. Mtone,
brick and wood. It' Is specially designed for
a wholcualo house. Tho Nebraska Mercantile
company has rented the building for n term
cf five, years.
Several dwelling houses nre In process
cf construction In different partf of the
city nnd the prospect Is good for moro ns the
season advances. Tho remodeling of Wol-
bach's mammoth store will cost thousands
of dollars, nnd when It is fln!hed it will
havo a front of eighty-eight feet.
I'erluo IMcnili Sclf-Dcfeimc.
ALMA. Neb.. March 2S. (Special.) J. A.
Pcuigo, tho young man who shot Charles
Hanson at Franklin, was arrested nt his
homo near Woodruff, Kan. The officers
drovo from this placo to his home and when
ho made his appearance they placed him
under arrest. He pleaded guilty of tho
shooting and claims It was in self-defense.
Tho story as told by Perlgo narrates that
they had several altercations before and he
had Informed Hanson If It occurred again
he would shoot him. It Is the genernl opin
ion where the accused lived that he was
Justified.
GrrliiR .llunlclpnl Ticket.
OER1NO, Neb., March 28. (Special.)
Two municipal tickets havo been placed In
tho field for the city election, one of them
being nominated by the Anti-Saloon league,
bs follows: R. M. Hanks, W. II. Tratnor.
E. H. Sayre, James Westervclt. sr., and E.
P. Crcmer.
Tho second ticket Is comprised of George
D. Luft, Martin Goring, A. L. Illrchard, J.
A. Ilurton and D. C. Onstott, and Is Intended
as a buplncss man's ticket, without refer
ence to tho license question. The nominees
uro all 'business men.
Mrs. Morton DIsohnrKril.
HUMBOLDT, Neb., March 28. (Special.)
Tho caso against Mrs. Etta Horton,
charged with the murder of her newly
born babe, camo to an end this afternoon.
Justice Smith, beforo whom tbo preliminary
was held, discharged the accused upon mo
tion of the attorneys for the defente, as soon
as the examination of tho'Wltnesses for the
prosecution had completed their testimony.
Tho Justice sustained tho motion. All tho
evidence was purely circumstantial.
Hunter Shoots Himself.
TECUMSEH, Neb., March 28. (Special.)
Whllo hunting at .McLaughlin's lake, nine
miles northwest of here. Saturday, Edward
Smith met with a terrible accident. In load
ing his gun ho placed tho muzzle on his
foot to steady It as he attempted to work
the lever, which did not net freely. The
gun was discharged, two toes were torn off
and the foot otherwise badly mangled.
Hoy Killed hy iv llronchn.
GERING. Nob., March 28. -(Special.)
Wesley White, a young man living nbout
ten mllra west of Gerlng. was thrown from a
vicious broncho yesterday and Instantly
killed. Ho was tho non of Mr. and Mrs.
W. II. White, well known nnd highly re
spected citizens. Tho burial services are
to bo held thin afternoon.
Meet nt Dixon.
DIXON, Neb.. March 28. (Special.) A
cold, drizzling rain and sleet has been com
ing from the northwest all day, which will
retard tho sowing of grain for several days.
Farmers wore Just getting their seeding
under way nnd tho ground was in good shape.
Nev Paper In Stnte.
NEDRASKA CITY, Neb., March 28. (Spe
cial.) Tho Initial number of a new evening
paper, the Republican, made Its appearance
yesterday. Tho publishers aro Dedford &
Horry. The paper will bo republican In poli
tics. Mrs. Calvin Zimmerman. Milesburg, Ta.,
toys, "As n spoedy cure for coughs, colds,
croup and soro throat Ono Minute Cough
Cure Is unequaled. It Is pleasant for chil
dren to take. I heartily recommend It to
mcthers." It Is tho only harmless remedy
that produces immediate results. It cures
bronchitis, pneumonia, grippe and throat and
lung diseases It will prevent consumption.
FIRE RECORD.
I.nrce rtnrii Horns.
ALBION. Neb., March 28. (SpcMal.) Yes
terday morning at 4 o'clock tho large barn
of John O'Ncll wns burned to the ground
and with It nearly all tho machinery on
tho'fartn, so.no fifteen tons of hay nnd one
cow. Lightning wns the rause of the fire.
All his horses and many head of cows and
calves were In the barn, but they were all
gotten out safely. Tho total loss was J1.000.
Insurance covered the amount.
I!riin's Tour of the Nortlmcst.
PORTLAND. Ore., March 2S.-W. ,1. llrvnn
spoke nt Albany nnd Salem today and then
came to Portland, where ho spent a few
minutes. Ho left nt S o'clock for Pendleton
over tho Oregon Hallwnv and Navigation
road, where he will speak tomorrow. in
tho afternoon tomorrow ho will go Into the
stato of Washington, making his tlrst
Hnpeev, at Walla W-.illn In his uneeeh In
Albany today Hrynn charged the repub- 1
Mean party wun mo encouragement 01
trusts anil, for their suppression, advocated
that they be controlled by the federal gov
ernment through tho Interstato commcreo
act.
Hud Man Killed in 11 Snloon.
ORAND RAPIDS. iMIeh.. March 2S.-"Ilns.
ton Bluckie," known throughout tho stato
as a dancerous nnd fiuarrelsonio character,
was fatally shot In n saloon this afternoon
by the proprietor John Van Toll. Blaeklu
had been ordered out After leaving ho
broke In the front windows and re-entered
and attacked Van Toll with n knife,
knocked out his front teetli and cut sev
eral gashes on his neck and face. Van Toll
picked 110 a shotgun and fired nt Hlackle,
tho charge tearing olT most of tho right side
of his face. Van Toll was arrested.
Dxpressmeii's Co in III lie lu Clileimo,
CIIICAOO, March 2S. A combination of
expressmen nnd moving van companies In
this city is snld to have been formed, em
bracing nearly 3(0 companies and single ex
pressmen. It Is said to be the Intention of
the originators of the combine to reduce by
one-half tho rates for moving furniture,
trunks and for all business that comes to
nn expressman until the entire nrmy of ex
pressmen in Chicago U In the combination.
HEAVY SNOWFALL IN DAKOTA
."cnrly n I'oot oir on
nml Mono In
ItanliiK.
the (irouml
Still
Hl'ItON. S. D. March 2S.-Tho heavUs'
now of tho season has fallen heie since
midnight. Neatly one foot of snow now
covers the ground and the storm Is still In
progress. Reports Indicate similar snow fall
over tho state cast of the Missouri river
and south from Aberdeen ,
MELLETTE, S. D., March 2S. Tho woret ,
blizzard of the season prevails here. Twenty
Inches of snow fell last night and a heavy !
north wind Is blowing. However, the tem
perature Is modoratc.
MITCHELL. S. D.. March 28. (Special
Telegram.) This part of the state Is In
the finest possible condition for beginning
of spring work on farms. Nearly nn Inch
of water fell Monday night nnd a heavy, wet
snow has been falling tlnce yesterday after
noon, amounting to at least five inehc.
AI1ERDEEN. S. D.. March 2S. (Fpeclil
Telegram.) The heaviest snow storm of the
winter prevails here today. Six or eight
Inches of snow has fallen. Points south re
port fifteen to twenty Inches. Tho temper
nturo Is mild. Stock will suffer in cmcs
where the hay supply Is light.
STHIKI2
ItlCII
I'lM).
It 1 1' It I.ciIkp .lust Discovered In the
Ironslilrs lllne.
DEADWOOD. S. D., March 28. (Spe:lnl
Telegram.) Frank A. Waters of Colorado
Springs, Colo., came In today from Camp
ltarnnn In the phonollto district with won
derfully rich samples of sylvanlte ore from
the Ironsides mine, the property of tho
Colorado-Deadwood company. Waters was
only recently reinstated ns general mali
nger of the mine. Ho himself dlscoverel
the rich ledge In the roof of the main tun
nel. It now has been opened eight feet
wldo nnd traced 150 feet to tho 'face of ths
tunnel. The ore is literally filled with
sylvanlte. running from four to nine ounces
of gold. It Is considered hy Colorado men
here to be a remarkable discovery. Thrco
carloads of $17ii ore will ho shlppcl next
week to the Colorado-Philadelphia Reduc
tion compnny, Colorado City.
(' I ii I I'olltlciil l'ci'Mrcntliiu.
SIOUX FALLS. S. D.. March 28. (Special.)
Wesslngton Springs hns had n series of
sensations growing out of the Issuance of a
warrant for tho arrest of M. A. Schaeffcr, a
druggist, and formerly county treasurer of
Jerauld county, on the charge of felling
Intoxicating liquors. Schaeffcr lied, but has
now returned. Ho has been bound over to
appear before tho next grand Jury to answer
to thn chargo against him. Tho most sensa
tional featuro of the affair Is tho arrest of
Patrick McDonald, sheriff of Jerauld county,
who is charged with refusing to servo tho
warrant Istnied for the arrest of Schaeffcr
or permit a deputy to do so. The sheriff
also has been bound over to appear before
tho next grand Jury to explain his alleged
official misconduct in the matter. Hoth men
nro prominent in populist circles In Jerauld
county nnd claim to be the victims of perse
cution on the part of their political enemies.
I.oilue Will Meet nt Hot Sprints.
AHERDEEN, S. D.. March 28. (Special.)
Tho Degrco of Honor Grand Lodge havo
finally de:lded to hold their annual meet
ing nt Hot Springs nt tho time of holding
tho grand lodge of Ancient Order of United
Workmen. The Jurisdiction comprlsoj
North and South Dakota and It was felt
that the expense In traveling so far was
greater than could bo Incurred, Thl3 ob
jection wns finally overcome. It Is qulto
probable that tho lodge will separate and
form a Jurisdiction for each state at tho
next meeting.
Unit Mini Honmlcd t'p.
PIERRE, S. D.. March 28. (Special Tele
gram.) A young fellow giving tho name of
Ed Williams, who came In hero several days
ago and tried to do tho "bad man" act, was
rounded up nnd his revolver taken from him.
Ho then hired n horse at the Northwestern
livery barn for a short ride In tho coun
try, hut fnlkd to turn up. The last heard
of him he was south of Harrold, about forty
miles from here, with the horse. Ofllcers
nro nftcr him and expect to bring him
back.
Verdict of Accidental llrnth.
CHEYENNE. Wio.. March 2fi. (Sneclal
Telegram.) The coroner's Jury returned a
verdict tnnlcht flndlntr that the death of
Mrs. Paul Flcmrey, who was burned nt her
home last Frldav nlcht. was accidental
Flcmrey, who was held pending the result
of tho Inquiry, will be released. Mrs. Flcai
rev ehnrired her heshand with the crime.
hut It was found that she set herself on
lire and that her clothing had been burning
several hours when discovered.
Dnkntn Itepulillenii Unity.
ABERDEEN. S. D., March 28. (Special.)
Tho republican county convention, held
In Aberdeen Mnrch 28, resolved itself Into
a grand rally, which was attended by many
people from nil parts of the county, In ad
dition to the regular delegates. Music wos
furnished by the Aberdeen City band. Lieu
tenant Governor John I. Kean of Woonsocket
nnd Hon. II. L. Loucks delivered tho prin
cipal addresses.
l,u rue Cnttle Snlr.
HURON, S. D., March 28. Gearge E. Mc
Enthorton, proprietor of tho largest Hereford
cattlo ranch In this part of tho state, sold
at public auction In thin city yesterday sev
cnty head of choico stock at good prices.
Thosalo amounted In round numbers to about
$3,000, most of which wos paid in cash,
farmers In almost every Instance being the
purchasers,
Hlvcr Foil of Ic.
PIERRE, S. D Mnrch 28. (Special Tele
gram) The river has been so full nf run
ning Ico today as to prevent crossing. It
camo up to the sevon-foot mnrk Inst night,
a rise of about four feat, but Is falling ngaln
this afternoon. Threo inches of snow fell
WE MUST REPEAT
When Everbody in Omaha Tells
the Same Story.
It Is hard to say now things about Doan's
Kidney Pills. They euro tho lame, anil
aching back, the sufferer from kidney dis
orders and the troubles of thooo whoj
urinary organism Is wrong in Its actloti.
That they do this Is so easy to provo that
not a vestlgoi of doubt reiualns, Publlo
endorsement of local citizens is eually
proven. Read this case: Mr. Wm. Cooper
of 518 South 17th St., employed nt tho
Waterloo creamery, says: "In February.
1S!)9, 1 was taken with a severo cabo of
tbo grip and it left mo with a lama nml
aching back, especially bad mornings, whin
I could scarcely drag myself about, and It
was a hard task to get dressed. .My work
requires me to stand In wet places at times
and this had a tendency to mako my bacn
worse. Seeing Doan's Kidney Pills ad
vertised I procured them at Kuhn & Co.'ji
drug store. They completely cured me
and did It quickly."
Doan's Kidney Pills aro sold for SO centa
per box by all dealers or mailed on nvelpt
of prlco by Foster-Mllburn Co., Buffalo, N.
Y., sole agents for tho United States,
Remember tho name Doan's and tak?
no other.
WANTED Cast ot rib neapTh that
R-l-P-A-N-S will not loenrtlt. Send b cents
to Rlpini Chemical Co., Ne; York, for II
ample! and 1,000 ttstlmonUla.
here last night, which will furnish moisture
to start the grass on the prairie and help
stock Interests.
I'etltlon for imv Contrnet Sjstem.
AHERDEEN. S. D.. March 2S.- tSpeclal )
A petltien for the adoption of the New
Zealand method of letting contraels for the
public work of the city has been filed wi h
the :y auditor. The city council Is nskc.l
to pass an ordlnanco embodying the i r.i
vlslons of tho system, which arc set forth
nt length lu the petition.
PACKING HOUSE STATISTICS
.llnrkrtliiK of IIojjn Continues tilth
l'rnelleullj No (iimmes from
l.nst Week's I'luurrs.
CINCINNATI, Mnrch 2S. (Special Tele
gram.) Prlco Current says: Tho marketing
of hogs continued practically unchanged iu
aggregate number, western packing;, slow
ing a tolol of 110,000 for the week, the same
f for each of the preceding weeks, and
compared with 3S0.000 the corresponding
week lust year. Frotu MnnCi 1 the total Is
1.SS0.000, against 1,470,000 a year ago.
Prominent piaceu compare as follow o
WW.
1S09
l"i.(l
1MUW
ll0.t
1 .
fss.fx I
IK, M
J!l. "J
r.fi.t in
Ki.i "
r.:',. i
30. (KD
Chicago
Kansas City .
omahi
St. Louts
Imllnnnihills .
'Milwaukee ...
Cincinnati ....
M. Joseph ....
Otttitmvn
Cedar Kuplds
Sioux City ....
St. IMul
210,tHiO
ItS.lKD
1'iVCO.)
5:1 000
1 1.0.10
-t;,roj
10.00
33, WI
27.WI
AS. 1110
Srt.O1")
HYMENEAL.
l)u vls-IViiriunn.
NEBRASKA CITY, Neb., iMarch 2S (Spe
cial.) Leonard Davis, t'ho local manager of
the Western Union Telegraph company, w.u
married today to Miss Katherlne Pe.irmnn
Rev. Gnrvln of the Cumberland Picsby-
terlan church officiated.
UiiKllNh-llnct tcher.
Richard E. English and Mis Dnrothra
M. Boet teher wero married' WeMnraMny
evening, 'March 28, at HtM South Fifteenth
struct. Rev. Charles W. Savldge officiated.
Dniili'lsoii-l'eiirsiin,
Otto Danlelson and Miss Elllda Pearson
wero married Wednesday. 'March 28, at the
home of the olllclatltig minister. Rev. Charles
W. Savldge.
FORECAST OF THE WEATHER
Thursilny nml Frlilny to lie I'nlr In
Xrhrnskn mill Kansas Winds
Northerly.
WASHINGTON, Mnrch 28. Forecast for
Thursday and Friday:
for Nebraska wind Kansas Fair Thursday
and Friday; northerly winds.
For Iowa Fair In western, snon- in east
ern portion Thumday; Friday fair; northerly
winds.
For Missouri Fair In western, rain In
eastern portion Thtltsdny; colder in south
east portion; Friday fair; northerly winds.
For South Dakota Generally fair Thurs
day and Friday; variablo -winds, mostly
northerly.
For Wyoming Fair Thursday and Friday;
easterly winds.
I.ocnl Hecord.
OFFICE OF THE WEATHER BUREAU.
OMAHA, .March 2S.-OI!lclal record of tem
perature and precipitation, compared with
tho corresponding dny of tho last threa
years:
1000. 1S93. 1S9S. 1S97.
Maximum temperature.... 30 34 31 fi.1
'Minimum temperature 31 20 13 ;r,
Average temperature 31 27 2.1 -in
Precipitation 2ti .00 .w .00
Hecord of tempcraturo and precipitation
at Omaha for this day and sine March
1. 1900;
Normal for the day 41
Deficiency for the day 5
Excess since Mnrch 1 22
Normal rainfall for the day 07 Inch
Excess for the day 13 Inch
Total since March 1 LIS Inehex
Excess since March 1 19 Inch
PeUdcncy for cor. period, 1R90 70 In, Ii
Deficiency for cor. period, 1S9S II Inch
Itenort front Htnttona nt S p. in.
1 z
00 o v. 77
' -3 a
!S,Sgl ?
: 1 r- O
: 3
: t : ?l
3i! 3Si T
I2 44 .0)
ill IS 0)
31 :i .00
30 :ir t
1 :s 301 .i
Its 321 .12
32 3.' T
111 (iS .(o
31 ,ni .m
32 32 .fiii
42 421 .00
42 6S1..PO
2S 301 T
2S 2Si M
C2 (W .CO
STATIONS AND STATE
OF WEATH'jrt.
Omaha, cloudy
North Platte, clear
Salt Iike, clear
Cheyenne, partly cloudy.
Rapid City, dear
Huron, snowing
Willlston. Miowlnrr
Chicago, sn iwing
SI. Louis, cloudy
St. Paul, cloudy
Davenport, raining
Helena, partly cloudy....
Kansas City, cloudy
Havre, paruy ciouay..
nismnrcK, cnn
iiiHv
Galveston
partly cloudy.
T indicates trace of precipitation.
L. A. WELSH.
Local Forecast Official.
Possibly man MIGHT make a better
liniment than
oixANicOlL
LINIMENT
but certainly man never DID.
It heals, it lubricates.
It soothes, it penetrates.
It cures, it eradicates.
FOR MAN OR BEAST.
HAYDE
PIANO
If you aro thinking of buying a piano you
should not fail to visit our piano depart
mont. Wo havo tho finest lino of pianos over
brought to Omaha. We will not only save
you money, but guarantee to please you or
money cheerfully rofunded. Our terms aro
bo arranged that you can pay for a piano
very easily if desired. Among Ihc many dif
ferent makes wo aro handling you will (hid
tho oldest and best piano iu America, tho
"Chlckerinfj" unsurpassed in tone and dura
- bility. The world renowned Fischer, with
over 111,000 in use, tho Bohr Bros., Lester,
Franklin, Doll and 21 other makes to select
from. AVe also carry a complete line of New
man Bros and Burdetto organs. Organs that
have been slightly used for 10, 12, $15,
$20, 25.
Out of town buyera supplied with catalogue upon appli
cation. Pianos tuned, moved and repaired. Tel. 1(58!$. Full
lino of tho latest sheet music and publications on special sale.
HAYDEN BROS.
mMM SEMJ
Tf AMERICA'S HtST 1
' AvuVbA
fifSifcLVVy IMPORTED
IBS Jfoi-iiMT toe rrucn,
iKSXrfuRDAKA WINECO.
atK3gt UIU1ANA.H.Y. fl
WW'"VI I iRUWWii ItJTPfS'Ji-lMiJ
i '
st;i'i:itn Tit. ins nut
CHICAGO
I.ILVVU AT l'J 10, NOOX, VM 7 I'M V. Ik
New Short Line to
Minneapolis and St. Paul
l.ntvu lit 7 11, to. nml Tlitn p. in.
TICICUTS AT M02 I'AltNVM STUU1CT.
"Tho Now Olllcu."
CHICAGO and EAST,
LEAVE 7:00 A. M. 4:05 P. M. 7:30 P. JA.
ST. PAUL and MINNEAPOLIS.
LEAVE 6:D5 A. M.-7:20 P. iL
HOT SPRINGS - DEADWOOD,
a
LEAVE 8.00 P. M.
Git Offices. 1401-03 Farnara
BUFFET LIBRARY CARS
Best Dining Car Service.
A,
JfK No Money In Ailvnno
ms to Itxntoro Weak Nun.
SVA We send our reinedle. and
.appliance (for men only) on
trial and approval. If not
the (Irunilrnt thine nn
TO
Kurth for weak and debili
tated moil, (.hip all buck nt
our oiiicni-e pv nothing,
Itam iittlv look, tells It all,
mailed free.
wr. - ALT
eniB
MEDICAL CO., BUFFALO, N.Y.
cry. bl'wiilfmnt'Ki, wto., cimied for o?r
Work find IndlKLrntliirta. Then ntilnLItt
und turelu tumors Latt Vltulltr in oil
or youakVund tit 11 man for nuilr, buil
niwi or I'loanuro. l'luvent Inisaltr d
'(.untmiiiDtlan If Islikn In L, ri...
tne thowa 1 m m Ml lnti I m irovomint, unil elf ct a CUHR
Vv """"Ki'onw.'jii. ini uiKjaiiuvinntliaueiiuIn
Alius Tobloln. 'Jlur linvo curml tliuuiiitii.und will
cum you. ytoiilrH u K)ttlfoiirlltcn nuurnt to .
roct 11 cure In ouch ease or rufaud the monor, l'rlco
5fi fit? t"'r r?I'l",2.A ,J.fu lftckac" .Hull truf
upot rnolpt of prlc.. 'lrcnfurfrw.
aja;: remedy co., 7?;?1c.&oi?,3'i
rror snlo in Omolm, Neb., by ,u. Fou
tythe. 202 N. IStl. ril.. ICuhn & (Jo., lit
U. Do Iltiven, Dnuxlgt.
imciTt sand i, wood c.i'.si:i,i:s.
Cures Onnnrrhi'cn flleel, unnntifrnl dis
charges In a few duys All driisnlsts, accept
only Doiutn. by mall Jl 50, full directions,
IMck & Co, Ui Centre St, Now York
NBROS
o