j 9- Jt. KELLY'S BOND IS MISSING Bench of th Offiw of the Olerk of Court Falls to Locite It. RECORDS SHOW IT WAS ISSUED MAY 19 Uonil llrnrn tlir Munnttirc of Mlchncl Wnllrti., n Million nml Hotel Keeper, nml It for l'lc lltiml rt'il Dollarn. A marked feature of the case of the I'henlx Insurance company nalnt the Guaranty Company of North America, on trial In thd fodcral court, I the absmeo of Krcd S. Kelly, tho person for whom tho bond wag Riven. The attorney who repro fccnii tho defendant In tho case had a sub poena Issued for Kelly, which wt returned "not found." This wus the flint Intimation that tho defense had that Kelly had been released from tho Uoiiglas county Jail. At tho office, of tho clorl; ot tho district court tho records ahow that op April 28 Uio amount of ball lequlrol in the criminal inso whs reduced to $500 nd Ihni on May 19 bond In that amount wan furnished and Kelly was released. The bond was signed by Michael Wallctu. who runs a hotel and sa Icon nt 1318 I.savenuorth Htrtct. When a request wan made for tho product lr,n of tho bond tho clerk In ehargo of those papers was surprised to find that the Kelly b;iil was not among tho other pjpors of that tiature and a search of tho olllcc insulted lu tho statement that tho bond could not bo found. Several of the clerks denied that tin such bond hail been furnished and when coi fronted with the Journal entry tomarked: "Well, that Ia strange. Wo never heard of a bond getting away before." Yesterday In tho trial of tho ase tho plaintiff attempted to Introduce a deposition i.bowlng that one of tho managers of tho bond company had promised to pay tho in dtmnlty, thus seeking to show that the cr.m pany had waived certain conditions of the' hond. Tho testimony of Van Horn, the for mer bookkeeper of the Phenlx company, was to tho effect that 135 checks cashed by Kelly and Introduced In evidence In tho caso had never been reported by tho cashier so tint they could bo entered upon tho ca.h book nd credit Riven to tho pcrt-ons who had tc mltted. in iii.i : nil mi III lt(.l,ll. finjn II In Mother lime It In Mini nml Hint It l III. MiinciiI. James nolfh is on trial before Judge Ilaker on tho chargo of hurglnry. It In alleged . that ho wah an accompllco In breaking Into a South Omaha saloon. Tho burglary yielded, ho tho prosecution sets forth, all the money In tho slot machine contained, which amounted to $3. several bottles of liquor and oilier things that were within easy reacn. When Holln was arrested tho ofllcots were surprised to find that he carried a bible. When asked If ho stole II. hp replied In tho negative, and subsequently explained that tho hook was a present from his mother several years ago. lie declared he had carried It through all of hl wanderings and that It was to him a mascot. Having made patlsfaetory proof as to the ownership of the bible, Bolln was permitted to retain It. ICH COMPANY TO 1113 SI III). At'tlon In lie llroimlit Vnilrr I'rotln loim nf IhV Aiill.'I'riiKt I.imv. Attorney (Jeneral Smyth has announced his intention of bringing suit against tho Reservoir ICo company under provisions of tho anil-trust law. It Is tho contention of the attorney general that by tho absorption of soveral Ice companies the Hcservolr com pany has become a trust. Inquiry at tho ofllco of tho attorney gen eral developed a statement to the effect that suit would bo brought In the district court. It will he tiled, It Is stated, within the next few days. It Is understood that Presi dent Talbott of the defendant Ice company lias engaged prominent enuntcl, and n lively fight In court Is expocted. I'onrt Nntrn. James Morris of Johnstown, Hrown county, was admitted to practice before the t'nlted States district court Wednes day. The caso of William K. Hechei iiufiin.u tho Pacific F.xpress company Is t-tlll on trial heroin Judge Kstellc. The trend of tho plaintiff testimony shows that Bechel hns suffered great humiliation it it a result of his arraignment In court. For tho third time a Jury has fulled to Bgrco In the case ot Richard Livingston ngalnst the C'udiiliy Packing company. This Is a personal damage case growing out of the injury of Livingston while in tho employ of the packing company, by reason of which he lost his arm. In tho caso of Oaiowltz against the American Smelting company in tho United States circuit court u Jury wu.m waived and on trial by the court Judgment was rendered for the plaintiff in the sum tV The pi ii I nt Iff, who was Injured white nt work lu tho smelter, asked $10,000 dam ages. Henry Odcll of He.itrlce has tiled applica tion In the United States district court to be declared a bankrupt. He owes IX9TS.S3. with asset of $27. David Richards of Norfolk also asks to ho released from the weight of debt which oppresses htm. He says that ho owes $1,300 and has assets of tTli, Judge Blab.tugh lias overruled a motion for new trial In the case of J. I,. Heed against the estato of the late Anthony J. Drexel. This suit was brought for an ac counting of funds connected with thr. xutntn Heed bclnz one of the Interested unities. It Is said thnt appeal will be taken to the supremo court , An addition was made to the public list of Indictments estcrday evening by the United States district clerk, who reported Indictments against Frank O. Simmons, for embezzling the funds of tho United States while postmaster at Seward, and against William Smith, John l .Mitchell, Jnmes Martin and Anton Hcln for selling liquor to Indians. I-Yank II. Young, receiver of the Uroken Row Water Woiks company, has been granted permission to sue the assessor ot th town of Hrokeu How to compel him to assess the properly of the town at its actual cash value. The tecelver states that under tho contract with the city the water company Is to receive from the city for payment of hydrant rentals an amount equal to u levy of 7 mills on the dollar of tho assessed valuation of the nropertv or the town, that tho assessor has agreed with the other assessors of Custer county to assess all property at SS per rent or Its actual value, Which will reduce the Incumo of tho company. Beauty is omy Skin Deep and if one has features ever so at tractive it goes for little if accom panied witli a bad skin. To be tine in texture, fresh and beautiful, a skin must be healthy, and a healthy skin is only found on a healthy body. All the waste matter of the system --and the amount in lit hours is enormous must be removed by the excretory organs -kidneys, bowels and sweat glands. If any one of them strikes work, it lays an additional burden on the others and renders Ihem more liable to disease. The iccret ol health It lo maintain ciery part ol the body in it normal state, nml this is done by thu use ol plain, wholcMinie food, out-door exercise and Irequrnt bathing When for any causo tho equilibrium it upset, then the Immediate rcsotl to some tried and estab lished remedy which will speedily remote the difficulty l the only sensible course M'Leaift Liver and Kidney. Is a remedy of this nature which has loni; passed Its experimental stage, and its use will be found all-sulliclent. Seld evrrwhcre Prepared onlv by The Dr. J. II, McLean Medicine Co., St. Louie, Mo. mm Hill M 1ML1T1 refuse to recognize union llfTorls to llrliiK About n ( omprooiluc llrlvteeii noil it nrlicrx ntiil Their Utnilo em Cull, All efforts to compromise the woodwork era' striko havo failed, as tho planing mill onncm have refuted to recogntie the wood workers' union. At 2 o'clock yesterday tho press committee of the union gave out the following statement- "The union ha been unable to come to any settlement in any way. It in generally understood that It .lakes two lo make a bargain, but the mill owners think that the men should be rnt tailed with any wages tho employers de sire to pay. The owners have made no proposition whatever to the union or to any member thereof. Wo think that they can not succed In thl.i manner of doing busl nem and will stand firm for our demand." The regular mooting of the Typographical union Sunday promises 'o bo t ha moit largely attended of nny In jratn, be aus; that meeting will pass upon tho mattor of the eolectlon of the second dolegate to the International convention nt Milwaukee. At tho recent election the Judges declared a tie between Rowley and Seymour for the place, counting one vote for Sovmour wiil-h wnt not cast In accordance with tho local l.w governing election. Tho union will el'hor declare Rowley tlcctcd or 111 older a nctv election. Tho committee of the Central Labor union appointed to arrange a sotilr-ncnt between tht striking bakers ard the'r 'mploycrs his hern at work for several da's. Tho rlan of work adopted was to have Individual mem bers of the commltteo call uron crtaln cm ploor and report to tho comm'ttce. As thcro has been no meeting of the rmrrnltUu no ono can tell tho result f the work. Tho charter of the Tenmster.i' union his arrived and will ho placed In tho handa cf the union nt Its next moating. Local labor leaders aro interested In a report of the condition of the building traies of Chicago at tho etui of fifteen weeks' lock out. Thn report shows that 21,000 pcrrtons have loft tho city ns the result of tho lock out:' that over 0,000 members of tho unlcn havo drawn traveling cards and about 6, COO aro being Mippcrtcd by the unions, while C.OOO aro at work out nf a total membership at the time of tho strike of 3B.000 mcmbsrs. At thn Labor Templo It Is said that not more than fifty of the.o men have come o Omaha or Council llluffs. nh'lo probably 100 havo passed through the city on their way to Denver and the Pacific coast. C00LEY NOT THE ONLY ONE liriiml .luror n Other In (hp Mnr ahnl'H Oilier Should llnse llcen Indicted nn Well. "Von didn't get all of the grand Jury's Investigation into tho United States mar shal's office," remarked a member of tho late grand Jury yesterday. "If you had under utood tho wholo affair you would have learned that If tho Cooley caso hail been brought beforo that body during tho first week of the session, rather than In tho lust week, other Indictments would have fol lowed It, nnd those IndlctmeniB would have Included perbonn ntlll holding places. "Wo had beforo us InfotSiatloa which would havo caused tho Indictments, but did not havo ttmo to attend to It. The father of tho assistant dbtrlot attorney is at tho point of death and of couria h oruli not glvo us tho time, ho wouli other In have done. The district ttoray hd hu hands full and had all of the wrk that both of them can attend to at tlw present icrni of court; so tho cases ot tho othcit were passed over to the ncxt-fcrand Jury. "Tho trouble nbout the pre.-i?at ofilcers wan that they cither talked tj.i much or not enough. It developed 1 1 tho progress of tho examination of ho Coole.' case ttrit at least ono man had concealed the cr'me if Cooley and then. Instead of keeping his Oiouth shut, had admitted thit he waj cog nizant of tho facts all of the time." NO CHANGE IN GAS CONTRACT Comptroller Shown (lint Fund In Melon Kqultnlily Divided nionir the Three IiIkMIiik Akimii'Ii'n. Members of tho council deisire that n state ment of fact should bo made regarding tho recent letting of the gas contract. The matter was first referred to City Attorney Connell. who approved tho contract ns to form and added the notation that it was ex actly tho same ns the former contract, with tho exception that tho number of Ilghto Is fixed between 'J00 and 1.200, compared with a minimum and maximum of "50 and 1,000 In the old contract. As thcro aro now 912 lamps lu use, tho council considers that this provision will effect no chunge, It being entirely optional with the city whether tho number bo Increased. The subject was taken up In committee meeting Tuesday morning nd camo up In Its regular order on tho same night. The new contract has tho approval of the compttoHor, who bellevei thut the gas company Is getting no more than lt due portion of the lighting fund. Thero has been no marked variance in the proportion during tho last two years, tSe figures standing us follows: Klecttic lights, 334, amounting lo $38,243.20; gun lamps. 912. amounting to $27,2"U; gasollno lambs, 611, amounting to $9,000. Tho number of lamp-s In uso ono year ago Is as follows; Klectrlc, 333; gas, 907; gatollno, fi07. GUN PLAY PROVES COSTLY Chnrle .InlitiMili In Ancel Ten Dol lar for lleliiR Too Itendj svlth it Itesolser, Charles Johnson, who conducts a laundry In tho 'lizard block. Twenty-third and Dav enport streets, wns fined $! and coU In police lourt yesterday for assaulting and threatening to shoot K. U. Huntley, a tele graph operator, on tho afternoon of May 10. ( He paid his fine and gave notice of appeal. I The case Is unlquo (or tho reason that tho ! assault, according to tho tejllmcny, was en- tlroly unprovoked. Huntley was btaiiJIn in the strct watching a g:ing of plumb: is put In a water hydrant when Johnson da bed up to them In his laundry wagon, tho homo on a run. drow a pistol, pointed it at Hunt- ley and threatcmM to blow his brains out if ho didn't move on. As Huntley lacked tfco advantage of Johnson's acquaintance to una naturally surprised, but those more familiar with Johnson's eccentricities say ho has mane "gun plays m verai times botorc. Tin neighbors bollcvo him unsound mentally. AntlNeptle Dreskl uki, In the recent wars gunshot wounds have proved less1 serious than formerly. This Is owing to the use of antiseptic drrt-slngs which cause the part to heal without mat uration and In much lem time than by tho old treatment Kvery famllj may uso a sim ilar treatment for cuts, bruises and Mums, viz- Chamberlain's Pain Halm, it acts on tho same principle as tho antlneptlo dreti- Ings of the army surgeons and Is the beht homo treatment that can bo given such In juries. It causes them to heal quickly and without maturation. It also allays tho pain of a burn or scald almost Instantly. It if. most widely known, however, n a cure for rheumatism. llnllilliiK I'ermllx. Tho following permits hnvo been Issued from the olllcc of the building dissector: If L. Whitney. Twenty-seventh and Hick ory, frame dwelling. I.OrtO; JI. Jacolisen. V 3 Jaikson alterations, $;stv: Tbomns Kll patrlck, 410 North Twenty-second repairs. $Tj. IT .1 U-o, S1I-S2I Harney, brick ware ll'UM'. fwi.coo "DeWltt's Little Karly Risers are tho finest pin i ever used." -D. J Morre Mill brook, Ala, They quickly cure all liver and bowel troubles. THE OMAHA VISITORS FROM FORT DODGE BtuiruBi Men from & Lively Iowa Town Pay Omiha & Bcoial Call. CCME OViR TO GET ACQUAINTED Illinois (cntrnl llrlnnt In n Trnlnlonil of Men Wins Are In tcreitetl lu Sct-liiic mid Itclng Soon, A special train loaded with Fort Oodgo business men teached Omaha at "..10 last evening ovor the Illinois Central railway, Just In time to run Into a drizzle of rain. Secretary Utt of tho Commercial club had kept tab as nearly as possible on the move ments of the party and was therefore In a measure prepared for their coming. He had en hand accordingly about twenty of the leading and progressive business men of Omaha to extend the glad hand to the vis itors and show them such courtesies as their brief ttay In the city permitted. They camo In a train comprising thrco day coaches and a baggngo car and extending along tho tides of the three coaches was a brnner hearing tho legend, "Fort Dodge Manufacturing and Jobbers' Association." The banner was made In sections, a portion only of It being upon each car. The party crimprlacd about 130 people, Including a band of fifteen pieces. Mews. Utt, White. I'msted. Sanborn, I'lckcns, Wright and several other members nf tho Commercial club had arranged so that thrco special street cars wero at the depot to meet the party, which was taken at once to the Millard hotel, where supper was enjoyed. When all had partaken of re freshments the march was taken up for the Commercial club rooms. Mr. Itimcuater Welcome TIiimii. Here a few more Omaha merchants- and huclncss men Joined tho welcoming parly. Tho rooms were lighted, while, punch and cigars were served and the visitors and their hoBts mingled, renewing obi acquaintances and forming new ones. After half an hour of social communion J. II. Dumont called tho company to order and Introduced Ed ward Rosewatcr to extend the welcome of tho city. In tho name of tho Commercial club and tho citizens of Omaha Mr. Rosewatcr be spoke tho cordial greetings extended." Ho said that the visitors probably did not need to bo told that Omaha Is ono of tho lead ing and most enterprising cities of the west. Omaha Is a daughter of Iowa and the latter stato has contributed more to the. growth and development of Omaha nnd Nebraska than all other states combined. "When I camo to Omaha In 1S6I," said Mr. Rosewater, "there was not a railroad within liiO miles of Omaha, and I crossed Iowa as far east aa noone and Intermediate stations In a stage. Slnco IStil I havo seen tho city grow from nbout 1,000 population to 150,000. No other city In America, per haps, has a record equal to that." Ho spoko of the possibilities of the neigh borhood presented by tho opening of tho Illinois Central's new line to Omaha, unit ing communities which before that event had been far removed, nnd gave Mr. Dumont credit for having first advocated the con struction of a lino from Omaha to Fort Dodge, referring to tho struggles of tho Ne braska Central. Ho complimented tho Illi nois Central ns one of tho great aystoms ot railways In this country, with Its far-reach ing connections in overy direction. Ho re gretted that the conditions surioundlng tho visit of the excursionists were not such as to permit their seeing Omaha's broad streets and big business enterprises, but believed they will come again and bring their fam ilies to enjoy the hospitality of tho city, which would always- await their coming. Wluit They Are Out For. S. N. Magownn, a young lawyer, responded on behalf of tho guests, declaring that they were grieved ns much as were their hosts that they could not be In Omaha longer, which was rendered Impossible by delays encountered on their trip west. He declared that It was not exclusively a business trip on the part of the Fort Dodge people, but had Itn social phases, ono of which was an Inclination to clasp hands In fellowship with tho business men of Omaha. A mother loves her child and Iowa loves Nehraska and feels that, the daughter la fast cntchlng up with the mother state. Referring to the wel come extended by Mr. Rosowater the speaker complimented The flee, declaring that people in his section liked It for tho soundness of its editorials and the Judg ment of Itn editor. He wished Omaha would get better acquainted with Fort Dodge and In enumerating its many Industries ha presented Chairman Dumont with a minia ture Jug as a product of one of them. He Invited Omaha people to visit Fort Dodgo nnd assured them that If the gates had ever been locked they would bo unlocked and tho keys thrown away. J. It. Webster spoke briefly his regrot that the excursionists had not como nt a time when they could sec tho resilience portion and busincM section, learn how Jobbing bouses have sprung up In this city like mushrooms nnd get a glimpse of the hun dreds of commercial men who go nut from Omaha's Jobbing housct) Into nil parls of thj west. Ho eaid that Ve feel in Omaha that this city is tho hub of the universe. Delug unablo to :how tho visitors the packing in duct ry nt South Omaha or the big bridges across the Missouri, he recommended that they sco The llee building, tho finest build ing In the west. Center of the fills erse. T. I). Youlier nnd It. W. Crawford also spoko for the vlsltoro, tho former protesting Hint Fort Dodge and nt Omaha is tho cen ter of tho unlveise. "Wo can provo this," said he, "for If you stand In tho center of our city you will too that tho sky comes down equl-dUtant all around you." Whin Mr. Dumont In closing referred to having resided In Iowa several years beforo coming to Omaha, ono of tho visitors nhouted out that he win boiry for him fur having changed, whereupon Mr. Dumont s.Ud that he w.u glad ho had como to Omaha, etae ho . might, like tho visitors, have remained to llvo In a city of but 15,000 Inhabitants, which woie tho figured given for Fcrt Dodgo by ono cf tho speakers. Itintend he had como ' to Omaha when It had but 2.1,000 and had wen It grow until tho last census gave It , 112.000. "Thcro Is a moral In this," nald Mr. Du mont, "which Is that when you outgrow Fort Dodgo you can como to Omaha." W. II. Taylor extended a welcome on behalf cf the Klks. The cltlzcn.s wero shown through and nd mired much Thn Roe building, manifesting much Interest in tho perfection if the pro cess ol making ihe great modern newspaper. Tho party left for h mt- stv rtly after mid night. It was not nipplled with Pullman cenchrs and nftcr n continuous ride from 7 a. m. Wednesday morning, tho members wcro pi city thoroughly fatigued. On tho way west tho party was ehown nu morons attentions by the people cf towns through which it paaied. At Denleon It was given a ride through tho city In carriages and enJoed a dinner given In Its honor. delegation of Denlson people alto accom panied It to Omaha. At Woodbine It was welcomed In a speech by the lieutenant gov ernor of Iowa aud given a carriage rldo and the latter was repeated at Logan. Kach mombor of tho pirty worti a scarlet badge announcing thnt "Wu Stopped at Denlfon. Ileiiilic rnlil of the I'nrly, Among the members of the party were. A I lower A F Mescrvcy. Ciicene l.elghton, H. A Tryon. Rert Heath. W, F. Manor. DAILY KEE: THURSDAY, J II lllnc. Ott.. Wetss C K. Roper. Fred Sherman. W. I.JIleh i: n ctag. ' F. Flaherty. John Amoud. Walter Woodard. Fred Fuckler. A. W. Hoggs. A. C. Hoggs. S. N. Magowan. K. Hartwell. F. K. IIhIcj-. John Conway. C. II. I'aine. M J. Rodney. T. D. Voukcr. L. H. Armstrong. Frank dates, c. F. Dtiucoinbe. J. II. Able. R. W. Saekett. At Koll. K. H. Ryiies. O. S. Sargent. A. H. Tennant. Frank Hlej John Carter, n. Dons. R. O. tlreen. Dr. C J. Saunders O. M. Olson. T. 1". Taff II. Sanderson. It. I.. Power. K. Latlirop. It V tvltelixn i: M Unnnliis Sam Miiiurc Hr. lv mis J. K. Ferguson. J. J. Karl) Arthur Young. ('. M Keefer. M. Ncele:-. D. Maloj. J. W. Campbell: , Frnnk Carroll. Charles Sterrelt. A. Cra Is. 15. C. Kettering. U. W. Crawford, J. J. Harton. T. C 1 1 aire. J. Hrown. James K. Fisher. C. M. Rudescll. Dr. Jenkins. C. F. A llltie. C. D. Cook. JT Font. Dr. Olney. It. W. Witter. I.. A. l.lnilqucst. H. C Stevenson, Tom I.owrey. C. D. Koch. '.. Taylor. I. . A. I.oomts. c. M. Welch. I.. S. Hratinstcln. Joseph (Inrdtier. S. O. Melhv. F. W. Collins. Ooorgo 1'. uonil. f'mniti. Ai,llt..c't 1.' 1.-..1 iiouert iieaiey. County Treasurer J. A. Ll'udqulst. Fifteen members of tho Fort Dodge band were along. L. A. Thorson wa. chairman of the committee In charge cf the excursion and In the larty was C. H. Payne, the aged father of CI. II. and H. II. Payno of this city. INSPECTOR MEANS BUSINESS Olijci'tloiuilile Structure nt Mlxtepiith mill llnrilcy Chiumes Lo cution. Ilulldlng Inspector W. 1). Carter, armed with a crowbar and at the head of a sauad of workmen bearing axes and other Instru ments, made an early morning raid yesterday upon the ono-story structure at Sixteenth and Harney streets occupied by Sam Hon. Tho building wns constructed several months ago of wood and Iron nnd stood almost wholly outside of tho property line ou the southeast corner of tho Intersection. Mr. Hoff used the structuro to carry on a mes senger nnd express service. Tho proprietor b.ised his right of tenure on permission granted by tho property own er concerned. He realized, however, that tho building encroached tomewhat on tho sidewalk reserve and accordingly secured a permit from the council several weeks ago to occupy tho city's property at that point. Mr. Hoff professed surprise, thcrcforo. when ho beheld tho luspe. tor's force hem ming in his citadel. Tho workmen spent no time In parley, hut went grimly about their task, and in ten minutes had removed tho windows and pried oft the sash prepara tory to a general dismemberment of tho building. Hoff went from expostulations to promises and assured tho Inspector that ho would remove the building at once. A mover's outfit, was secured and In tho courso of tho morning tho building look up new quarters, near Fourteenth and Jackson streets. inspector Cnrter says that ho notified Hoff a month ago that tho building must be re moved, but the latter, who is a former policeman, determined to boldly stand his ground. The permit which Hoff secured from tho council the Inspector holdn to be worthless because the resolution granting It was not concurrent and has never been ap proved by the mayor. In cases whero It Is contemplated to erect temporary buildings In tho lire limits the Inspector quoted the ordinance specifying that permission must be obtained from both the mayor and coun cil. Inspector Cortor says that tho building was both an offense to the oyo and a menace to the public safety and should havo been removed long slnco. Thcro are a number of similar cases, he says, which he pro poses lo proceed agalns? In the near future. With regard to tho much-discussed sum mer garden of Michael Mullen Mr. Carter says he is willing and even anxious to glr? the word to his destroyers ns soon ns the district court removes the Injunction now resting on his office. 3. Q. Hood, Justice of tho Peace. Crofiby, Mlsa., makes the following statement: "I can certify that One Minute Cough Curo will do all that Is claimed for It. My wlfo could not get her breath and tho first doso of It relieved her. It has also benefited my whole family." It acts Immediately nnd cures coughs, colds, croup, grippe, bronchitis, asthma and all throat and lung troubles. PERSONAL PARAGRAPHS. O. H. Jetiner of Detroit Is nt the Murray. J W. James of Hastings Is at the Mer chants. R. S. Klllfaut of St. Louis Is stopping at tho Millard. Charles J. Miller of Chicago Is at the Millard. A .O. Kclllher of lCvniisvllIc, Ind., Is at the Millard. Georeo H. Ingoldsby of Cincinnati is at Murray. t. L. Arnold of Rurllngton Is staying at tho Murray. Li. C. Hubbell of Springfield Is registered at tho Murray. P. Johnson and wife of Huntington. Ore., aro In the city. Jnmes Dlnsmore of Hebron was nt the Murray Wednesday. Mnv Caldwell and R. R. Steele of Lincoln ar nt tho Merchants. r. A. Shoemaker of Helena, Mont.. Is registered nt the Millard. Mrs. r;. F. . mmerman of Scuttle, wash.. Is vlsltlns friends In the city. Phil Snreirel. Kdwill Henilessy nnd J. N. Hunt of Chicago are in the city. Mr. and Mrs. Thomas Rlnckmoro or Friend wero Wednesday guests at the Murray. iiiirir.i- Cnnaiit N ii town from Kansas Citv for a week's visit with friends nnd relatives. Mesdanie.1 J. I'- Haul win nnd II. h. Fugltt of Hamburg, la., uio guests of tlie Merchants. Mr nml Mrs. W. A. Paxton left for the east Wednesday afternoon to bo gono about ten flays. a v nnilxon of Wilder was In Omaha vesterdav. Mr. Dodon Is secretary ot the Saline countv republican committee and enthusiastic over tho outlook of tho party success. Mr niwl Mrs. II. AV. Marshall nnd Ira Marshall nf Arlington, A. W. Stewart of Lincoln, K. Hroquet of North Platte, W. R. Jones of Heatrlce and C. J. Carrie of Plntte Center registered u enncsiiny at tno Darker Mr. and Mrs. Hlakeslee of Schuyler. J. II. Ager of Lincoln. John Ileasty nf Fairbury, Rohert J. Stlnson of Fremont. S. J Wcekes of O'Neill, K. K. Valentine of Went Point and J." I1'. Jeual nf lliirtlngtnu were stato guests at tho Her Oraml Wednesday. Nebraskaiirt at the Meichants Wednes day: W. II. Dimrtng and (). W. Pope of Lincoln. M. R. Hopewell and V. J. Marsh nf Tckamah, W. T Kremer of Fullerton, II. O. Tompleton or urand Island, I). I.. Donp of Aurora, T. W Lungdnn of fjretnn, A. K. Lainrdon of Panllllon. F. S. Howell of nialr. F. B. SlusHor of Wood River ami J. W. James of Hastings. I Found a Horse Shoe An' to every colored perstm dut menus Komi liuiv un H never fulls to brim; Kond luck It's de sune wld dem peo ple who buys a Hlue I'liune ibiMillne Stovo from my boss Ifs Ittck-iin' (ley nml n mighty lucky pcrstin wu't got oik--fur It's de Hurst nn' best stove wnl's nuide -It's so cheap mi? you can't blow 'em iii even If you want to burn conl oil lu 'em. fs simply sprtsin' how many people nin buying dem Leonard t 'loanable Fiigeruiors--Dey till know when i tell it tint: N good Its good -nn' It's de same with our Lawn Mowers We has nil sizes und nil prices -nn' afore you decide you call nn' see my b -dai's A. C. RAYMER IBM I'AUNAM ST, Si (IS , Street, South Omnlm. MAY 2 1, 1000. SUPREME COURT PROCEEDINGS The following pr. ling wcr h.i 1 n tho supreme lourt Mn 15. I v union mairn ini, ig... Unrir gt A:. Qullny Railway Ciitipan . No ! cr-I ror from Umcnirr lountj . svititni.'r I 'u stipulation to continue. National li suni'". e Company against Fitzgerald, No !.!!? ap peal from l,micHter county; loa. gUcu to llln drlefs. Sclz Schwab Cotiimn against Simpson; No. 9.DP2; appeal from Uiti. ater county; adsolute order or tevlx.il mirn I School District of Central Citv lgalnst 1 hlcago. HiirlltiKtoti X- Qulm i ' Rallwiy -oinpuny; No. 9.999, error from Mrri k county: advanced, state uatuliMt F.dwiinls. No. pi.rtjx; appeal from Hall count), sub mitted on Hint Ion for inlilltlnn.il miner. sedeas. liunimer against Park; No t'"V. "i'i" "i nem miri eoiini) , sukkc.ii1'! hp . ilnitf). ...t.t ....... II. In.. .., ....I r ........ , .in 1 1 1 inn,, , tiitivi ,ii lewtvi tered C.isstctter agalnt Halt. No nn;., appeal from Hurt rotintj ; dismiss il Mi Cullough. against Dovey; No. 10.W. up t'cal from Cass county; submitted on mo tion for leave to tile plea In bar Whalrn ngalnst Kitchen, No. 10.4r,; npneal from Douglas county, submitted on motion to advance. Schulz ngalnst Modlsett; No 1 6S2; error from Douglas iount; pulntlir serve and tile briefs In thirty daNs dis missed. (Reason against Kvc ot al; No. IO.Imo; appe.il from Buffalo county; dis missed ns per stipulation. Whalen against kitchen; No. 10,715; appeal from Douglas countv; submitted on motion to advance Hustenif ngalnst Rulf; No. in.:t, appeal from Madison countv; dlsmNsed I.) on against (inmbret; No. 10.911, error from Nuckolls county: utbmltted on mutton mig- gesutig diminution, naldwlii against wot over. No. 10,959; appeal from lim aster cuiniy; submitted ou motion to be dis missed. Marr ngalnst Malcolm, No. 10,97:. appeal from D.iwson county; submitted on motion to mnke nlM order nbsolute. Hrower against Fns; No. 11.071; crrnr from Otoe count ; leave given to tile additional Know ing by philntifT in error. Wortendjke ngalnst Streeter: No. 11.0S1; error from lanoaster county ; dismissed. Sharp agiilted State; No. 11,259; leave given to file drlefs In thirty da)s. Armstrong against Mayer; No. 11,20.1; appeal from Iyiiiicaster county, submitted on motion and plaintiff given fifteen days to serve nnd tile briefs. Cnss tetter against Halt: No. II :'At; appeal rr.im Hurt enmity, dismissed. Hcllevue against Hellevue Improvement Company: No. 11 1Y1. error from Sarpy county; plalntllT to serve and file briefs In twenty davs: dismissed tilsl. Orr against Chicago, St. Paul. Min neapolis & Omaha Railway Conip.nn . No. U.lf7; submitted on motion to dismiss, Hellnian against Adler & Sons; No H W,, submitted on motion lo advance. Droivus against Davis: No. 11,173; plaintiff to serve and (Ho brlefx; dismissed ulsl. (Jreeley Count:! ngalnxt (iebhart: No 11.217. drlefs to lie tiled a per stipulation Summers against Vlosnej ; No. 11,255; mibmltted on motion to adVHiii e. Field against National Council Knights and I .allies of Security; No. 11.267; motion to dismiss denied. Wit tenberg against Mollvneaus: No. 11.317: submitted 011 motion to advance. Frinm.in against Frnamau; No. 10.3s! ; submitted on motion to dismiss. The following chics were submitted nn tainted abstract nf record: Dovey against McCullnugh; No. 10,!rtTi: error fioin Cuss county. tiler against Anheuser-lluscli lit owing Company; No. 11.32.1. Saline countv. Lincoln nnd Dawson County Irri gation District against McNeal; No. ll.27ti; Dawson countv. Raltei against Fanners' Indention District et nl: No. 11.3S3. Kstafc of McKenna ngalnst MiCnrmlck; No. 9.2fi9; rrror from Harpy county; sudmltted. I.nng cor ngalnst Romlne, et ul; No. 9.21M; error from Dawes county; tilllrmed. (".rand Island Mercantile Company against Mr Means; No. 9.2tS2: error from Hall county; submitted. National Life Insurance Com pany ngalnst Hurr. et al; No. 9.2i3; appeal from I.'iiicnster countv; alllrmctl Trester et al Hcolnst Pike; No. !. 2rtfl : error from Lancaster county: submitted Hangs against (Jray: No. 9.2H7; appeal from Cass county; argued and submitted. Peterson against Martin: No. 9.2t!S; error from Douglas county: submitted. Nebraska Mollne Plow Company against Fuelirlng; No. 9.269; ap peal from Seward county; submitted Chi cago. Rock Island Pacific Railroad against Farwell: No. Ia.ni2; argued nnd submitted. Cardwell against State: No. 11 277; Sheridan county; submitted. Hrownell ngnlnt Fuller; No. ll.SfiS; argued and ub mltted. The following proceedings were had on May lti, 1900: Rrower -ngalnst Fass; No. 11,071; error from Otop county: .submitted on motion to recall mandate and set aside affirmation. Duffy against F.dson: No. 11. 301; submitted on motion to advance, state ex rcl Douglas Countv against Frank; No. 11,31: npneal from Douelns county; sub mitted. Crawford Company against Hath away; No. 10.CV?: Appeal from Da-.rs county: .submitted and leave given ap pellant to supplement tecord. Volth against Ross: No. 9.I.V: appeal from Iancutcr county; leave given to withdraw motion for rehearlnj. SrllnliLof opinions handed down follow: - No. 1ft ."Mi Stated of Nebraska against Omaha National Hank et al. Krror from Douglas lounty. Writ nllowed. opinion by Sullivan, J. llolcomb comurs. Nerval dissents When the reversal of a judgment Is grounded In en or lu the trial occurring anterior to the verdict, the verdict Is nulli fied and tho cause, when remanded, stands for trial de novo. , ?. If the district court mistakes or mis construes the mandate nf this court, Its obedience may bp enforced bv mandamus. No 10.171 Waldron against First National Rank nf (Irernwnoil. Krror from C.tss countv M.'limed. Opinion by Sillllva 1. Whete mortgaged property Is probably Insiillblcnt to discharge t.ie mortgage debt the cjiirt may. In tin action to toreilnse the mortgage, on the application of the mort gagee, appoint a receiver. 2. And In such case It Is immaterial whether a dellcleiicv Judgment against the parties liable for tho debt Is 1 olleet.ible. 3. The finding of a court, grounded 011 substantially cotilllcllng evidence as to the value of nronertv. will not be disturbed 4. It will do presumed. In the absence of a showing to the contrary, that the ills, cretionary powers of the district court havo b.cen wisely exercised. No. 11.230. Lincoln Medical College against i-oynter. appeal irom ij.incaster county. Reversed and remanded. Opinion by Sul livan. The law governing the practice of medi cine In this state and nuthnrizltiir the State Rnnrd of Health to Issue certificates 10 pnysicians anu surgeons is a police measure: It wns not Intended, by that act, to protect medical sihnols or medical prac titioners from coninetitlon in business 2. An Incorporated medical college can not maintain an action 10 restrain the State Hoard of Health from Issuing a cer tincatn us required by article 1, chapter 5i, complied statutes. PM licensing a plivslelati and surgeon to practice medicine in this state. 3. After the Stnte Hoard of Health has placed a construction upon the law under wnicn it is authorized to issue certificates: to physicians and surgeons (article 1. chap ter 'J,, compiled statutes, IsMi, Injunction will not He to nnnul Its decision ami re strain tho Issuance of a certificate In ac ifdaiicr with such decision. Nn. 9,209. Medlund against Linton et al. Appeal from Douglas county. Reversed and remanded. Opinion bv llolcomb. 1. A legal private sale of real estate by tl'c count) tn usurer for delinquent taxes cannot be made without the countv treas urer Urn complying with the provisions of sei Hon 112. chapter 77. article 1, com piled stntutes, 1SS9, hy filing with the countv clerk a return showing the lands and lots field at public auction, to whom sold nnd ror want sums; anu any attempted sale of real prooerty for taxes nt private sale without rompllnnce with the provisions of said section Invalidates the sale so at tempted to be made. State ex rcl Whlffen ngalnst Ilelmcr, 10 Neb. 2o, adhered to and followed. i. Whcro the county treasurer undertakes to comMy with the provisions of the sec tion mentioned by carrying to the nillee of the count:- clerk the records of the treasurer's office, showing sales of real estate for taxes at public salci and in the presence of the county clerk making a certificate 011 such sales record to tho ef fect that he thereby made a return, and that tho list of property as shown on the record had been sold bv him at public sale ns required by law nnd signing ts namo thereto, nnd then on fie same itnte j returning said record with the eertlfi. ate iliri inn iv iiic- 1 'iuimj hi in'.' I H Olll' e . fwMnmit LabcfAtorV. Chlcaeo, March . 1900. T ti.wr. examined W.inicr'a Cf. Cr nA .-m nleAScd r.irtliit T finrl 5t a vAlfjiiblc .mr4ir mnl.iinlnff i ncrcdiints dl- ..t,A -. cr'ivr health And power and energy to the sick. .j i 11.. J tinA it irtCu lv personally mw mv v IOI11C iur ii aiuggiso ' a a- - A -1 U.1st.. 11 10 Ji natural utany bringing' back the vim and ergy of perfect health. MARIA ARMSTRONG. Mtcroscopist. r r I have ' i.u . Kiancy r the use ol r lud lallea sell several siomacn Matle held, that sir ii n ts were not a . omptlancc wlti the -tntute. but were a mere Midlor fuge and easton of the law. and. In fact, no return at all II The law reijulres such return to do filed In the ofllco of the county clerk. To file a paper, as used In the section quoted, means to deliver it to the proper officer and by lilm received .to be kepi on file. I. Where no proper return for lands sold for taxes at nubile auction Is made, the county treasurer Is without autliotity to dispose of real estate for taxes at private sale, and any sale thus made is invalid. !i. A party claiming under an Invalid sale of real estate for taxes cannot re cover the penalty of 20 per cent interest and attorney's fees, hm lu the case of a valid tax sale. !. Where parties claim n lieu for taxes paid at such sales, they arc subrogated onlv to the rights of the county and can recover interest only nt the rate provided by statute for dcllnouenl taxes. 7. In this case, held, that Interest could lie recovered on state and count y taxes paid at the rate of vx per cent per nutium and on city taxes at the rate nf 12 per cent per milium. s An unplatted tract of laud within the limits of 11 city Is subject to tnxatlotl for special benefits received to pn costs of lot al Improvements, the same as though It wero platted Into lots nnd blocks. 0. In making special assessments for benefits received It is presumed that tho authorities arrive nt the amounts thereof with reference alone to the benefits" ac cruing' to the property nssessed, and that the owners nre required to contribute lo the cost of the Improvement onlv In pro portion ns their property Is specially bene fited thereby. 10. The doctrine of special assessments for benefits conferred notifies especially to property In cities, and the city of Onialm lias tho power and authority, given by the legislature, to levy special taxes on the property In controversy for benefits received In opening, extending and grading a street upon which It abutted. '1. A notice of the sitting of the citv council as a board of equalization for the tiurpnse of equalizing n proposed special assessment, correcting errors, healing complaints, etc . Is sullliient If It comply sudstantlally wild tlie provisions or the t-tnlnto requiring sued notice. 12. A week menus a period of time, de ginning on Sunday and ending ou Satur day following, and where n notice is re quired to dc published beginning the tlrsl week of a certain month, debl. that if It Is published first during the first full wei; of such month beginning on Sunday and ending on Saturday, tlie requirements of the statute are sntislled. even though the publication was not made during the first seven days of the mouth. in. In levying special taxes or assess ments for benefit received ns authorized by section ti, article fl, of the constitution held, that tlie record must show nlfirmi tlvely a compliance wild nil essential eou dltlnns to a valid exercise of tlie taxing power, and any omission of sued facts win not lie supplied hy presumptions. S111IH1 against City nf Omalia, ID Ned ss;i fol lowed. 11. The city council, acting ns a doard of equalization for tlie purpose of equalizing a proposed levy of taxes for npedal detie flts received, correcting errors, dearlint complaints, etc. must de and remain Ii session, ready to hear cnmpl nuts, for at least one day from ft 11. 111 ti!' 5 p m. and during the hours advertised for Its meet ings. Htitrhltisnn against City of Omaha, C2 Ned. ai5, followed. 15. Wdere the record of a sitting of a doard of equalization Is slinwn to de hut for a small part of the time advertised for Its meeting when an adjournment or recess is taken subject to (lie call of tlie chairman, nnd 110 meeting Is held for see oral days, when wit limit a new notice nu mber meeting Is held and a like adlnurn mont Is taken, and a third meeting several days later Is held, when final notion Is taken, held, such notion Is no proper meet ing of tho hoard of equally.atlon as re quired by law and the published notice, and Is without authority, and a special levy of taxes so made Is thereby Invali dated. Hi. Final action in making any special assessments for benefits received lu open ing, extending nnd grading streets cannot lie taken until tdcre das been n sitting nf the Hoard of Initialization for at least one dnv and during the linurs from !t n. in. tin 5 ! rn No. 9,211. Rutts against Kingman & Co., et Our Excellent Exhibit Of water colors Is shown by the lanro number of art lovers who dully call to see these beautiful pictures Never be foro were ho many well known uiilsts represented 111 one collect loll, such lis Ilnsbiouck, ('. Weber. S. A. Mulliol luiiil, Derrick, Xoiihcoto, Mitchell, Uiu:o Fisher, Husuiiip. and mniiy others Over two hundred clinlco oiialnal paintings at prices that cannot full to Interest you--A raie opportunity to se lect n nood water color without tmvol Iiik ft thousand miles to not 1111 iissmi-inent-All pictures lu sheet form, lu one room on our second Hoor-f 'oine lu nnd we will pladly tell you all nbout them - I'ree every dn.. A. HOSPE, Music and Ait 1513 Douglas. Our Photograph only In a small degree shows our greni beauty our pen picture of Ihe New O.n fords fur women cannot begin to gv. mi a full Idea of their beauty ii.k. ! wmih .lust let us say thnt lu u welted , sole oxford nt f-..V we show what no I one else call dlipllcule-u welled sole ; makes walking a comfort -even lu the lint test weather-no burned or swollen i feet from hot pavements ns In the thin ; soles Uussln calf, vbi Mil ami ll-iil I calf In all Ihe swell shapes tit .S'J.IhI tin ! to S.'.no Heifer have it pair of coniform j lih shoes fit lo your feet. Drexel Shoe Co., Oumlia'a Uu-to-dnto Shots House. 1410 FAUNAM STREET. 7 to hcrDAl renewed I have ia tine. ----- ..--f, tr-tirifS nrl en T7.i1iinctnn. D. C F,r,. 21. 1900. v ......... I... vtdtri tfif idefc. inmytwi"11" " -----, tctn some very serious cBti 01 - j u-,AA,r im,Mfi cured throucll , , - 1 Warner aaic v.urc, aim to 00 any gouu. --- i.i (.. Ult!n,.i inrt for indices times wmn k...uw-0- , . I 1 1 I . '. f f,.M (mi- i t Hon. and never nave laueo 10 su. - use. I am therefore pleased to endorse It as well .. .1 . t'.J.-.. ( lime, raitf-rino Wltll W0rtny.,"".OC " 7. o e SelviC iruuuic reinS,MARlE L. ANDERSON. J007 JJth Street. I,. Andcr-oti was for seyetat year nurse at tnc mis aukcic-. - - filial. 1 now 111 wB-iiuigiuu llic same laiHiiiij al Krror fr.itn Ho ig' is aint) (iiilnlou bi Norxal Rcscre-I The petition examined and held to stato a ' ause of i, tton. 2 When a patty files a motion for lodg ment on tin- pb adlnrs. after the Jury (s empanelled and sworn, the pleadings fo a' tacked will he liberally construed, so as to sustain It If iiosslble. .1. One who has an Interest lu property willed has deen converted dv another ob taining possession thcteof through a to plevln milt, may maintain coinrrslnn against the latter since his reined) Is not upon the replevin bond. If he be a stranger to the obligation Orders on motions submitted: ('llnii.q ngalnst Chicago, Hurllugton & Qo'iuy Railroad company: stipulation to iontlnui until June 5 allowed. Slate against Raulc nf Commerce, (Iratid Island; motion f'-r additional supersedeas bond sustained McCullougli ngalnst Dnvev; plea In dac sustained as to property covered d sllini latlons filed May 1, overruled as to otli. r property. Wlnilen ngalnst Kitchen 111 tlon to advance denied. Whalen aciilo t Kitchen: motion lo advance denied l.ji.n airainst (lomdiet; motion suggesting ill minutloti of record overruled, motion to vacate supersedeas sustained. Marr agalnit Malcolm; motion to make order of dis missal absolute sustained Italiluln against Westovcr: motion to dismiss appeal su- -tallied. Rrewer against Fas; motion to recall mandate and set aside sulimlssli- i and affirmance of judement sustained. State against Standard Oil company, plain tiff's demurrer to sixth and seventh de. fenscs lu answer of defendant sustained Chicago, Rurllngton ci Qulncy Railroad company against Morehead; stipulation to continue until September IS accepted Orr against Chicago, St. Paul. Mlnucapiills it Omaha Railroad company; motion to dis miss sustained. I tollman against Adlcr & Sons' Ciotdlng company; advanced. Somcrs against Vlnsney; motion to ad vutico overruled. State against t'nloii Pa cific Railroad company; demurrer over ruled; defendant to answer In twenty days. Wittenberg against Mollynemtx . 1110. Men to advance sustained. Krnnmnn against l'taaman; motion to dismiss appeal su -tallied. Cases that will de called for dealing In tlie supreme court June f, inoi: ('Union against Chicago. Hurllugton ,t (.Julm v Railroad comtiany. Hlue Valley launder company against Conro. Wattles ngalnst t'odb. Carsleiis against Kller. Park ngalnst Ackerman, McClave against McChivo, Hyde against Hyde. School District or Central City against Chicago. Hurllugton it Quito y Itauroaii rompaii). i-axinu ncatust roam. Little ngalnst State, Tiitum ngalnst SIimc. llellinan against Adlcr A- Sons, Duffy against Kdsnn. "After suffering irom piles tor fifteen years I was cured by using two boxes of Uc Witt's Witch Hazel Salve." writes W J. Raxtcr, North Urook. N C It hoalb every thing. Rewnro of counterfeits. Eyes arc Accommodating Tihcyil see maybo quite well, tlirotiRh a pair of glasses you pick from a basket but na ture beats a sheriff In forc ing a collection of her debts and fitting one's self to glasses le risky terribly risky tho assurance thnt wn glvo you of furnishing tho proper glasses places you boyonil all rlBk Kreo oyo examination. THE ALOE & PENF0I.D CO., Leading Scientific Optlclana. U08 Fariuun. OMAHA. OPPOSITE PAXTON HOTEL.