THE OMAHA DAILY BEE: TUESDAY, NOVEMBER 27, 1000.
MONGER SUSTAINS DEMURRER
Humboldt Bank Lid Not Give Euroty Com
pany Sufficient Notice.
PAPERS WERE NOT PROPERLY SERVED
Blair Auditor Cannot Accept .Service
vf S ii in in o ii n Upon Compnii)- an
Coiuiiilnloni-r of lnnur-uce.
In an opinion filed by Judgo Hunger In
the caso of the National Surety company of
Now York and others against the State Dank
f Humboldt and others tho court holds that
the auditor of public accounts of tho stato
of Nebranlcu, ns Insurancp commltsloner,
cannot accept service of summons as agent
of tho Insurance or surety compnulcs of
the stato under tho terms of tho law con
ferring powers upon, tho Btate commissioner.
In tho cato montloncd tho surety company
brought a bill In equity to enjolu tho bank
from enforcing a Judgmfnt rendered In tho
district court of tho stato of Nebraska In
and for Illcbardson county. Tho history of
the case drawn from tho trial in the stato
court shows that the National Surety com
pany of Missouri had given a bond to tho
btato Dank of Humboldt to Indemnify tbo
bank for an defalcation or sbortago on
the part of Its cash'ler, Samuel W. Orlnntead.
The boud was given tor a period of one
year from April 1, 1896, and by Its terms
any defalcation or shortage must bo dis
covered before tho lapso of six months from
tho expiration of the bond. April 1G, 1899,
drlnstead committed suicide, when It was
found that he was short In his accounts, tho
snortage extending back to tho period cov
erod by tho bond. January 23, 1900, action
was brought In tho district court of Rich
ardson county against tho surety compnny,
tho attorney of tho bank taking a copy of
tho summons to Lincoln, where service was
acknowledged by tho stato auditor, and Judg
ment for tho ibco of tho bond was recovered
by tho bank In tho trial.
In the bill of complaint the surety com
pany contended that It was given no notice
of tho suit nnd that It had a sufficient
defenso had It been given such notice. Tho
respondent, the bank, entered a demurrer.
In his opinion tho Judgu says that notice
to tho auditor Is not notice to tho comp.Tny
so as to charge tho company with laches
In not making Us defense In the original
caso; tho Judgment of the stato court can be
questioned In a collateral action of this
kind, for tho federnl court sitting In a state
Is a Jurisdiction foreign to the courts of the
state. For this reason n temporary Injunc
tion Is granted pending a trial of tho caso
on Its merits. Tho Judgo Indicated, after
filing his opinion, that, whtlo tbo auditor
cannot accept service, legal Hcrvlco would
have been secured hnd tho Bherlff of the
county served summons In tbo manner re
quired by tho statute.
DIFFICULT TO IJHAVV MM2,
Joilsr Kryaur Olvm on Opinion n to
, Whilt uii lluliltnnl llrtiiiKurd la.
At yesterday's scuslon of court Judge
Keysor gave a decision of moro than
passing Interest, as It tends to show to
what extont n person may bo addicted to
tho drink habit without becoming un liab
llual drunkard. It was given In tho case of
Neltlo I. McDermott against Francis C.
McDermott, ft suit for divorce brought on
tho ground of habitual drunkenness. Judgo
Keysor heard tho testimony last week, but
because ho could find no statutes or lawH
determining sufficiently Juot what tho of
fenso Is he took several days to Investigate
nnd find precedents on' which to base n de
clslon. . .
Tho plaintiff In the case, Mrs. McDer
mott. asked for n legal separation, alleg
lng that her husband Is Intoxicated most
of tho time. Habitual drunkenness Is a
cround of divorce under the statutes, but
In the testimony It was shown that Mc-
Dcnnott's enseals ono where It Is a difficult
matter to draw tho lino. Judgo Koysor
said: "I havo gono Into this evidence
pretty carefully and for tho most part I
havo relied on what has been said on tho
witness stand by Mcuermott's friends
Thoro Is ono who says ho has known Mc
Dermott intimately for nlno years. Ho
said he never saw hlra down In tho ditch
from drink In all this tlmo, but that he
drinks to excess: There was another
frlond to whom McDermott said he would
quit tho habit If It were possible to do
so. McDermott himself testified that he
would not have gone on sprees had It not
been for tho Irritation due to his wlfo's
conduct. Mr. Tucker, his employer In
(ha street car company, asked him
to sign the pledge. That Is an. Indica
tion that the man's habit of drink was a
bad one. Considering all the evidence, I
will allow the wife tho relief asked for,
although I believe her wrong In leaving
her husband as aho did. In my opinion, tho
extent to which McDermott allows hlra
solf to go In drinking constitutes habitual
drunkonness." In giving tho opinion the
court took occasion to denounco the saloon
keeper who sold liquor to McDermott. "I
. have little respect." ho said, "for a man
who will sell another liquor and thon go
on the witness stand and tell what a
4runkard he has become."
Keyless Lock company of Fromont, Neb., '
from manufacturing and selling the per- '
mutntlon locks made by tho firm under the
patent of John H. nnd Thomas D. Morris.
Tho Hoosler concern alleges that on Oc
tober 2, 1SS6, It purchased from tho Morris
brothers the right nnd tltlo to make per
mutation locks Invented by them. The let
ters patent were assigned by the Morris
brothers and an agreement was entered Into
specifying that similar patents which might
no secured in tho future should bo assigned
to tho Indiana company also. The owners
of theflo patents now contend that tho Mor
ris brothers have devised new patents, and
instead of nsslgnlng them In accordance
with the agreement they have organised tho
defendant company nnd nro engaged In tho
manufacture of locks.
MAYOIt KP.M.V A I' I'll A UN IS COl'llT.
Will lluvr llr-nrlnfc Xrxt Monilny on
ennrue or iicceivinR Ilrllic.
Mayoi Allen H. Kelly of South Omaha
'III havo n hearing In the countv mnrt
nuxt Monday afternoon on tho charge of
receiving a bribe. As soon as tho case Is
finished tho South Omaha chief exccutlvo
111 be given another hearing mi thn Rprnml
chargo preferred ngalnst him, that of ac
cepting money for protecting gambling.
aiayor Kouy appeared Deforo Judga Vinson
halor at tho morning session of court for
arralgnmont on these two counts. County
Attorney Shields lead ttlA rnmnlolnl. fhi
first specified that Kelly Is alleged to havo
received rrora Thor Jorgcson, Myron II.
Sherman and others tho sum of 1125 n
month for flvo months In consideration of
his promlso to permit gambling In South
umana witnout poiico Interference or at
tack. In tho second comnlalnt thn allpca-
Hon Is mado that Kellv rwniwii t2.sno imm
eight brewing associations tho Omaha
iirowing association, J. Schlltx Brewing
company, Y. J. Lcmp Hrowlng company,
Krug Brewing company, Metz Brewing com
pany, South Omaha Browing company, I'nbst
iirewingcompany and Anhcuser-BuBch Brew
ing conpany as a fee for assuring tho prlv
llego of selling liquor during tho hours
when sale Is forbidden by tho statutes
election day, Sunday and between midnight
and 6 o'clock In tho morning.
Mayor Kelly entered a ulea of not milltv
and was allowed to glvo bonds In tho sum
of $1,000 for his nppearanco on the dates of
mo nearings. Wlnfle d 8. K nc became
surety on tho bonds.
REPUBLICANS WILL CONTEST
Election Trends ia South Omaha Liksly to
Bo Exposed.
JUDGES CHARGED WITH MALCONDUCT
limine ol Hrprreiitiitlvc Will He
Ankril to Ileeoiint the IlnlloU
mill Iletermliie Who
Wns Elcetcd.
SUHS TUB KMl'LOV.MIi.Vr AUK.XCY.
Joule Krnnier AmutU tliut .Mlnreprc-
tMiiniifinn w-rr- .tluUe to Hit.
Joslo Kramer has nctltluncd th rmmlv
ccurt for $1,000 damatres from Manila A.
Sadler, proprietor of a North Fifteenth
mroci employment bureau. She asserts
that a misrepresentation on tho part of
Mrs. Sadler Is responsible for her being
considerably out of pocket und in poor
health. A few months ago, as tho petition
specifies, tho plaintiff applied at tho em
ployment bureau for work. Sho was told
tbnt thcro was a vacant position as cook
with a ranchman eight mllos from Tlldcn,
Nob., that could bo obtnlned for her on
payment of tho usual charge, Jl. The girl
Paid -thO tnOtlRV ami Innriwun In Til. Inn
to Hnd that tho placo 'had buon glveu to
another. Tho plaintiff nsserts that tho
worst of tho misrepresentation lies In a
subsequent part of the story. She says
that tho ranchman was described as gontlo
and easy to work for. innklmr thn nnul I Inn
on tho ranch a dcslrablo ono In every way.
a visit to tho ranch disclosed that tho
proprietor was 11 man of dlssointn hnhit
and on tho night of her arlrval the girl
wus compelled to loavo tho ranchman's
cabin in tho rain and make her way hack
to tho town, eight miles distant. Tho Im
pairment to her health duo to oxposuro to
the cold nnd rain Is tho cnuso of tho suit.
Ci orpin 11 iiurs for IIhiiiukcn.
Michael Gorman has commenced milt
nalnst Samuol Katz to recover Judgment In
mo sum or jio.ooo, on account of peroounl
Injuries sustained by Gorman when ho was
at work on tho Hennopln tonal at Tumpico,
in., anu uue, it 10 ulleged, to Katz' negloct
In constructing n scaffolding. Gorman was
superintendent of it number of workmen.
Tho group was engaged In hoisting a heavy
iron pipe 10 a scanoirting when somo of
the timbers broke. Tho plpo fell on Oor
man, breaking his leg and crippling him
In other ways. Ho contends thnt ho is
maimed for life.
The republican candidates for tho legis
lature who were defeated on the faco of tho
returns to tho county clerk at tho last gen
eral election havo Instituted proceedings to
contest tho election of their competitors.
Tho grounds for the contest are tho well
known corrupt practices nnd frauds In tho
election In South Omaha. ,
Notice of contest was served upon tho
fusion candidates last Saturday and tho
taking of testimony will begin next Monday
morning at room 10G Bee building. There
aro four cases, but tho evidence In each will
probably bo tho same. Albert J. Coloson
contests the alleged election of Frank T.
Hansom, John F. Schultz that of John Lid
doll, each for tho state senate; Carstcn
Hohwer contests tho alleged election of
Charles T. Johnson' and Fred M. Youngs
that of Cary M. Hunt as members of the
houso of representatives.
Aside from tho formal parts tho petitions
aro Identical, with six grounds of contest
In each. Tho first ground alleges that tho
contest Is brought "for roalconduct on the
part of the Judges of election at tho general
stato and county elections held in said
Douglas county on tho 6th day of November,
1900," In tho several voting precincts nnd
voting districts of tho First ward of the
city of Omaha, and In tho sovcral voting
precincts of tho Second ward In tho city of
Omaha, In the several voting precincts of
tho First, Second, Third nnd Fourth wards
of tho city, of South Omaha, which malcon-
duct was sufficient to change the result of
said election to said olllcc, and but for such
malconduct said contestant would havo had
a larger number of votes In Douglas county
than said contcstec.
Vnrlona Frnudn Churned.
The second ground alleges fraud on tho
part of tho Judges of election In tho voting
precincts namod whereby tho result was
changod.
Tho third ground alleges corruption on
tho part of the election officers, which cor
ruption was sufficient to chaugo the result.
Tho fourth asserts that Illegal votes wero
received by tho ludges In said voting pre
cincts and counted for tho contestee In a
number sufllclont to c turn go tho result.
Tho fifth ground nllegcs that legal votes
wero rejected by tho Judges of olcctlon In
the precincts mentioned, which legal votes,
If counted, would havo given tho contest
ant a majority of tho votes of Douglas
county.
Tho sixth ground alleges that thcro wore
cast lu tho voting ptclncts mentioned a
largo number of votes under tho process of
what Is known as tho "endless chain," and
which said unlawful votes, If tho samo hud
not been rocclvcd and counted for tho con
testee, would havo changed the result In
Douglas county.
Notlco is nlso served on tho contestccs
that for the purposo of determining the
contest It Is necessary that tho ballots and
poll books of all tho voting precincts speci
fied should bo Inspected by tho houso of
representatives for the purpose of having
the votes counted and tho result determined.
F. J. Sutcllffo has been designated as tho
notary public beforo whom tho depositions
on tho part of the contestants will bo, taken.
Look Compniy Seek Injunction,
Tbo Keyless Lock company of Indianap
olis, Ind., has applied to the district court
for an injunction to resttaln tho Morris
Court .olc.
TI,V5 w .uM?rsU company nnd other
creditors of Chnrles VI. Cramer of Ilclvldore.
Neb., have llled n petition in the United
States court asking tliut he bo declared
bankrupt.
In the case of Thomnn T,. Phminn nminm
Sarah A. McCrcedy and others In tho
United States circuit court. Judgo Mungur
has Issued an order of dismissal for failure
to Ilia replication. Tho suit wus to set
aside a deed given to property In Seward
county, Nebraska.
Judge Slabaugh Is heurlng the suit
brought by Herman Mendel of Noola. la..
agutu.it James K. Hoyd & Co., to recover
Judgment In tho sum of J21.000. Mendel was
ono of the bondsmen of John C. Watts,
cashier of the Bank of NVntn wtm loot
this sum speculating on tho Omaha Hoard
of Trade in ISM.
In tho suit brought by W. B. Ostrander
to secure a dlvorcu from his wife. Snimn
Ostrander, a reply, substantiated by several
allldnvlts. was filed nt tho mil of thn
district clerk yesterday morning. The pnpors
tiru 111 1 ci uiiiiiwii til uitj iiuieuuiiui h iiuega-
110ns inai usiranuer h naioon nroocriv nr.
fords an Income of 500 a month and charge
that Mrs. Ostrander Is a woman of ex
ceedingly expensive hnlilts. Bills nnd
nworn statements oy snopKeepers and mil
liners wero appended na proof that Mrs
Ostrander had the most expensive wearing
apparel obtainable. Tho Income from tho
saloon was given at 137 a month. Ostrander
ninkpH a number of counter charges against
Ills wire.
Alter Marriage
They are going to be together just as
much as before; going to rule the wheel,
take little pleasure jaunts, etc., enjoying
everything together. Isn't that what
many a young couple promise each
other? And yet, how very soon the
wile begins to say
"No, I don't think
I care to go. You
go alone, dear."
Young women don't
reckon on the great
physical changes
which follow mar
riage. How can
they when they are
allowed to grow up
in entire Ignorance
of vital physiological
acts r 1 ncy 1 e e 1
languid, weak and
nervous. Sometimes
there is headache
and backache. The
fiulse no more leaps
n answer to the
thought of a spiu on
the wheel. Women
who have used Dr.
Tierce's Favorite
Prescription, know
how promptly the
languor, headache,
backache, nervous
ness and weakness
are cured by this
medicine. Many
t ti eVti m rla writ I t
gratitude to Dr. Pierce for the mediciue
which gives them back the wife's compan.
ionship, as it gives her back her health.
"All praUe U due to you for your wonderful
ForUe Prescription.' writes Mr. Johu W.
Coffmin, of Kltlburg, Casey Co., Ky. ' tfy wife
suffered with female irregularity; was confined
to bed every three neekt. After uslug two bot
tle of Or. Tierce's I'avoritr prescription the
was cured, and haa not m acred any derange
meat since. Your 'favorite rrescriptiou ii
a boon to delicate women."
There is no alcohol in " Favorite Pre.
criptiou," and it is entirely free from
flum, cocaine and all other narcotic.
DEVOTED TO LOCAL AFFAIRS
North Omnlm Improvement Society
Tnkea lfi Mutter Clour
to Home,
At the meeting of tho North Omaha Im
provement club last night a discussion of
neighborhood matters occupied the time.
Lamps which aro not lighted, broken side
walks and bad roads wero considered nt
length.
Speaking on tho park question J. Y.
Craig of tho park board said that tho ap
propriation for rark purposes should be
Increased from 130,000 to $30,000, as tho
board finds Itself penniless to mako needed
Improvements. In tho discussion of tho
park system it was brought out that the
parks south of Dodgo street cost tho city
$9,000 last year, against less than $900
spent In tho northern part of tho city.
Tho chango of tho location of a saloon
from Thirtieth street to Twenty-fourth
street in tho neighborhood of Saratoga
school created considerable discussion. J.
Y. Craig opened tho discussion, saying thnt
the saloon so near the school, tho church
and tho street car barn makes It par
ticularly dlsagreeablo to tho pcoplo of
thi neighborhood. Other members stated
that the saloon was located In the building
by misrepresentation and that tho land
lord would eject tho drink factory at the
expiration of tho lenso, A commtttco of
five was appointed to devlso ways nnd
means to havo tho saloon removed. It was
brought out that no opposition had bocn
nindo against the location of tho saloon at
the tlmo It was moved from near tho fort.
F. 13. Henry, J. J. Smith, S. l'ersels, Rob
ert M. Monroo nnd It. B. Wallaco were
named ns n embers or tno committee.
Tho coramitto was instructed to report to
tho chief of poiico tho location of a reputed
gambling houso on Twenty-fourth street,
near the saloon.
Tho committee appointed to nttend the
meeting of tho council commlttco Monday
afternoon reported meeting officers of tho
street railway company beforo the council
and that practically nothing had been done.
Tho mutter was referred again to tho com
mittee, with powor to act.
A resolution was Introduced approprlat
lng $30 to be used In purchasing stock in
tho Auditorium ucsoclatlon.
A I'mnlicH-.
Tho holidays will soon be hero and feast
lng galore Children will cat moro caudy
and sweets than Is good for them and older
pcoplo crain themselves with much moro
food than they can digest. Aa a result
there Is certain to be cases of Indigestion
and bilious colic, accompanied with tho
most excruciating pnlns. Buy a bottlo of
Chamberlain's Colic, Cholera nnd Diarrhoea
Remedy now and bo prepared for them be
foro spending all your money for, Christ
mas presents.
CHIEF GETS TAYLOR'S RECORD
Colored l'rrnclirr Now L'niler ArreM
I IK'iiotiiiccil iin n Frniiil l
Noiitliern People.
PARISH ASKS FOR A RECOUNT
lU'Klim Context of MiirlilV Klectlon
Before .Indue Vlnnoiilinler In
County Court.
John W. Parish has filed a. complaint In
tho county court, disputing tho title of
Georgo W. Shields to tho olHco' of county
attorney for tho term beginning In January
next, anil cballcugtug tho correctness of tho
count mado of tho votes cast at tho last
election.
in his complaint, which 13 voluminous,
Mr. Parish cites In general terms tho ir
regularities complained of In connection
with thn conduct of tho election In South
Omaha. Ho crnrges that tho election of
ficers In many of tho precincts In that city
wero guilty of gross misconduct and Irregu
larltlcs during the day when the ballots
wore being deposited, and that they were
unfair during tho night after election when
tho votes were being counted. It Is charged
that many bnllots really marked for him
wero rejected becauso they wero marked
with a black, Instead of a blue, or Indelible
pencil. He also alleges that what la known
ns "the endless chain" system was prac
tlccd In at least ono precinct. In this,
through collusion of a Judge, somo ono on
the outside of the booth obtains possession
of nn official ballot. It Is then marked and
given to n voter, who takes It to the booth
and returns with another blank ballot, this
being kept up Indefinitely.
Mr. Parish nsks that ho be adjudged to
havo been elected to the offlco for which
ho wns a candidate, and that In rorder to
support this conclusion, that tho court order
tho ballot boxes to 'bo opened and examined,
nnd a recount made of the ballots.
Chief Donahuo haB received a letter
from J. D. Huffin, assistant postmaster nt
Helena, Ala., which glvc3 somo of tho
antecedents of "Hev." C. D. G. Taylor, tho
colorod preacher who Is In Jail In Omaha
charged with criminally assaulting 9-ycar
old Itebecca Fulton. Several months ago,
ho writes, Taylor camo to Helena with let
ters purporting to bo from trustees of an
orphan asylum at Nashvillo, authorizing tho
bearer to collect funds for Its support. Ho
went around preaching on how to rear
children. Meeting tho mother of little
Itebecca, be asked permission to take tho
child with him to Nashville and glvo her an
education, which was granted. Nothing wai
heard from them nlnco, until tho arrival of
tho lotter from Chief Donahue, notifying tho
Helena authorities of Taylor s nrreat.
Mr. lluflln adds (hat tho child Is no
relative of Taylor. Sho was born In Tal
ladega county, Alabama, nnd lived thero con
tlntiously until taken away by tho bogus
divine. The letter concludes with; "Tho
child's relatives say: 'Break the preach
or's neck nnd send tho girl back home.' "
PRESENT ALLOTMENTS CUT
Vnrlotm City Department Cict Less
Monry Tliun Thiy lluvc lleen
AIIimtpiI In I'nut,
At a special meeting of tbo city council
held ycstirday the general approprla
tlon ordinance for November was passod
after being changed slightly upon tho rcc
ouuncndatlon of tho commlttco on finance
and claims. Tho ordlnanco makes provi
sion for tho payment of obligations which
must bo met in New York Saturday and tho
meeting was called that tho money may
reach Its destination before that day.
Councilman Mount Introduced an ordln
ance whtch makes a new allotment of
money among the various departments of
tho city government. At present the
building inspector's office is allowed $4,100
and tho new ordinance cuts this amount to
$3,700. A cut of $500 Is also mado In tho
money sot asldo for the Doard of Public
Works, the amount being reduced to
$5,600.
Resolutions wero adopted which provide
tor the construction of crosswalks in tbo
vicinity of Kellom and Heal schools.
Prickly Ash Bitters can ho depended on
to euro the klduoys, corrects he urine
strengthens tho stomach and relieves back
acho.
w
Oman's
ork v
in Tlub and
Vharity.
'USIONISTS PLAN NEW COUP
Desperate Effort to Bo Made to Control
Office of Police Judge.
WILL CLAIM IT IS COUNTY INSTITUTION
County ComnilsalonerN tn lie AnUcd
to sAuuoInt n Democrat tu
Succeed Former Jmle
Gordon,
Fusion machluo leaders are talking of
prlnglng n plan to keep tho office of po
iico magistrate under tho control of their
party. As long as Judgo Gordon held his
placo on the bench tbo ofuco was nuuibcrcu
aiicng fusion assets. His Impeachment a
foy days ago and tho certainty thnt tho
position will bo filled by n capable repub
lican Is a sovero cross to the fusion bosses.
As tho election turned nearly all tho pub
lic offices over to tbo republicans tho vest
iges of fusion control nro too few to let
slip an opportunity to keep ono of their
political faith In powor. It Is this roniiia
tlon that Inspires tho party manipulators
with tho Idea of clinging to tho poiico
judgeship It tho trick can bo turned by
strategy or through technicalities.
Tho loopholo through which tho fusion
crowd think they sco tho chanco they ar.
seeking Is tho question that nas been
raised relatlvo to tho status of tho office,
whether It Is a city or n county Institution.
Men who frame tho laws and nro
thoroughly versed In municipal and stato
qutstlons Insist that tho city properly has
control of It. Similar opinions havo come
from several of tho courts, but tho clrcum
stnnco thnt thcro has novcr been an au
thcrltlvo decision affords the fuslonlsts a
chanco to disagree with tho opinions that
bavo been expressed In tbo past.
Thero being n democratic majority among
tho county commissioners, It has been
planned to hnvo this body assert n claim
to tho ofllco of police Judge as a county In
stitution and proceed to appoint a succcs
sor to Judgo. Gordon. This much of the
coup became known, but tho natuo of the
man to take tho plncc on tho bench, If one
were selected, was not disclosed. Th3
rumor of tho plan was not disturbing to tbo
city oinclnlB who havo made preparations to
keop a competent Judgo on tho bench. They
are confident that If a controversy should
arise th'iro will be only ono result, and
that Is n decision of tho supremo court hold
lng tbnt the poiico Judgeship Is ,a city
ofllce.
Court Decision AunlnM CI n I ill.
"When tho Gordon Impeachment proceed
ings wero commenced In tho district court
tho attorneys for tho defense entered a de
murrer on this very samo grouud, thnt tho
olllco being under county control the court
had not tho proper Jurisdiction," said a city
ofllclnl. "Judgo Dickinson promptly over
ruled tho demurrer. Ho said tho court took
the position that this ofllco was not undor
county control. Another clrcumstnnco In
dlcatlng how fragile a support tho demo
crats will havo to bolster up their contcn
tlon Is that when Judge Gordon commenced
his suit to recover bnck salary which he
contended was duo him after tho change
In tho city charter, tho proceedings were
began not ngalnst tho county, but against
the city. This is nn admission of tho for
mcr police magistrate's own" friends that
will havo n bad effect on tho present plan
of tho fuslonlsts."
Tho mayor and tho city council will pro
vide permanently for tho ofllco of police
Judgo by tho appointment of Judga Learn
Just as soon as the Judgment in thu caso of
the City ngalnst Judgo Gordon is entered.
Tho poiico magistrate's attorneys hnvo a
few dayi longer In' which to usk for a new
trial. They huvo given tho Information that
tho case will bo taken beforo tho supremo
court at tho earliest possible moment. The
appeal will be taken on tho dato tho Judg
ment Is entered.
Getting whnt yon nk for is a pretty difficult thtnjr in t peneral way,
but it ought to be simplo enough when the dealer has the goods and tho
purchaser haa tlo money rendy to pny.
To buy Dr. Greene's Ncrrura blood nnd nerve remedy of a drupciat
should bo just na easy aa buying a loaf of
brend from a baker. This, however, is
frequently not the caso. Many a weary
and hopeless person weighed down
with somo chronic complaint has been
imposed upon nnd induced to talto
instead nn unknown nnd spurious
mixture bearing tho druggist's
own brand. The reason this is
so, is thatXho dealer is endeavor
ing to mako a lnrgcr prollt on the)
sale of tho inferior article than
ho cau mako by giving, un
hesitatingly, tho mediclno
asked for
This is a matter which
hou Id bo plain to ovory ono
who asks for Dr. Greeno's Ner
rura blood and nerye remedy
at the druggist's. If your drug
gist tolls von that ho has something
Just as good or better for less money,
you should understand at once that
the druggist Is not only telling you
that which is not so, but is doing it
solely to make a few cents moro out
of the transaction. Do on your guard
against this common evil and insist
upon getting what you ask for.
Dr. Greene's
NERVURA
for the Blood and Nerves
Peaceful and powerful is the campaign Nor
vura mnkes agulnst disease. From thu brink
of the unfathomuble abyss of insanity it brings men and wo
men back to serene and happy lives. From tho dnrk portals of another
world it lifts tho enmcinted form nnd puts on it the robes of health. Sound
nerves nnd joyous hearts, strong bodies 1111A solid ilesh, all theno nro built
up and maintained by Dr. Greene's Nervura blood and nerve remedy. It
U tho great strengthened tho groat pacificator, tho great restorer.
From tho dcpthki of desolation and despair it lifts the sufferer' into tho
sunshine of life's greatest blessings. IScnr in mind these facts nbout Dr.
Greene's Xervura when you lire offered a substitute by a druggist, and do
not permit yourself to be imposed upon.
All suffering: people) aro cordially Invited to consult with Dr.
Groono in confidence, personally or by letter, at his ofllco, 35
West 14th St.. New York City. Each cane submitted In carofuliy
diagnosed and Riven special attention. There is no chargo for
consultation, whether you call personally or write, mid under Dr.
Greene's skillful treatment tho cure of sill nerve and blood diseases
ia practically certain.
1 n mm&
BUUX2K33BsMC9Hrv
Tho attendanco at tho general meeting
of the Woman's club was not ns largo as
usual yesterday afternoon and at tho be
ginning tho cnthuslaem promised to bo In
proportion. This was evinced when M
Tlldcn read an appeal from the city mis
sionary in behalf of tho neglected children
of Omaha for money or materials to carry
on tho Industrial work. Tho club was asked
what action it would tako upon tho mat
ter, but thero was uo response. After an
Interval of silence Mrs. Tllden asked for
any other business, ns thu club evidently
cared to take no action upo the appeal.
Then Mrs, I, N. Andrews roso and asked
that tho matter be not dismissed In that
way, but that if tho club folt It could do
nothing It ut least should make some ex
pression of syrapnthy and Interest In tho
work, which resulted in a discussion to
appoint a committee of two to Investlgato
tho caso and report It. Mrs. W. I. Harford
then urged that during thn Interval until
the committee should report as Individuals
tbo woraon provldo tho materials necessary
to moet tho present emergencies. This
seemed to meet with general approval.
As chairman of the auditorium fund ben
efit committee, Mrs. Hoobler reported on
tho following features for tho program:
Solos by Mrs Myron Smith, Mies Loulso
Kellogg nnd Mr. Jules Lumbard; numbers
from tho Mondlcsohn quartet, a women's
quartot and a mixed quartet, "Tho Drldal
Chorus" from tho "Hose Maiden" by an
oxtot and selections by n picked string or
chestra. Tho regular orchestra at Boyd's
has contributed Its services and so far tbo
rent of tho theater Is tho only expense. The
houso and home commlttco will decorate
the theater In tho club colors and during
tho Intermission will servo a light refresh
ment. A largo attendanco of club women
was urged and each one was requested to
wear a badgo of the club colors. Mrs.
Harry Lyman Is in chargo of tbo souvenir
program that la being arranged, Tickets
woro distributed among the club members
to be sold. These will bo exchanged nt
tho box ofllco on and after December 14.
About thirty women, who aro prominent In
tho club nnd society, will tako part In ono
of the "fentures" which Is still a secret.
Tho membership commlttco reported nlno
now members and nlno others having quali
fied, which concluded the business and after
an intermission tho department of political
nnd social science gavo (be program, Mrs.
Ioblngoro presiding', opening with a few re
marks explanatory of tho department's
work.
Mrs. A. N. Ferguson read a most Instructive
paper on "Tho Chicago Court for Juvenile
Offonders," giving n history of tho court,
its origin1 nnd work. She said it Is a court
of prevention na much as of correction nnd
that such prevention is tho saving grace
of tho coming generation.
In the absence of his accompanist, Mr.
Jules Lumbard sang a Scotch ballad and
lator "Ivy Green" nnd "Magglo" as an en
core. "Omaha's Needs" wero thon taken up
in a serlos of two-minute tnlks,
Tho papors were all exceptionally strong,
Mrs. Heller's explanation of tho kinder
garten In Its application to settlement work
being especially good.
Under tho auspices of tho household eco
nomics department, Mrs. Jenncss Miller will
lecturo In tho auditorium of the First Con
gregational church this afternoon at 3:30,
tho admlsslou being 60 cents, the proceeds
to go to tho maintenance of tho freo cook
ing classes of Omaha. This department has
mado a great effort to aid these classos
and has brought Mrs. Miller hore to furnish
a program of unusual excellence,
Tho headquarters of the Nebraska Suf
frage association in the I'axton block pr-
sentod a scene yesterday peculiarly Illus
trative of tho ways and means by which
woman must attain her end. Tho room
was literally strewn with gaily dressed dolls
and other Christmas novelties, which wero
to fill tho boxes, sent last night, as tho
contribution of tho Omaha Equality club
and a fow othor women out In the stato, to
tho National Suffrage bazar to bo held at
Madison Squaro garden, New York, Decem
ber 3 to 8 Incluslvo, the proceeds to go to
tho auffrago campaign fund for next year.
Elaborate preparations aro bolng made for
this bazar, which Is to includo tho work
of women from every Btato nnd territory
in tho uuton. N
Ono of tho chief features will bo a recep
tion given in honor of Susan II. Anthony,
Elizabeth Cady Stanton, Julia Word Howe
and Mary E. Llvormore, all of whom aro
over 80 years of ago and who will rocolve
on this occasion. Another featuro will be
a table of dolls dressed by wives of gov
ernors, A very handsome doll has been
received from Mrs. Theodore Iloosovelt
and another from Mrs, Bhaw of Iowa, Tho
Nebraska doll will bo dressed by tho wlfo
of Lieutenant Governor-elect Savage of
Sargent.
. Mrs. Clara Young of nrokon How, slate
president, has gono to New York to tako
chargo of tho Nebraska booth, whtch Is to
bo one of the finest. Tho Omaha club will
mako a specialty of dolls and pin balls.
Table nock wome'n have sent as the result
of months of careful work an claborato
quilt, tho "doublo Irish chain," In doslgn,
also a lot of hand-made hemp rugs. Pen
dor and Chadron havo mado a specialty of
Indian wares and novelties, whllo the
women of Valentino and Merna havo
braved fleas and sandburrs and gathered
wild grapcu, from which they have made
marvels in Jelly. Contributions have been
received from nearly every town in the
state,
Don't fill your stomach wll'h spirits
which wreck It. Cook's Imperial Extra
Dry Champngno tones It up.
PERSONAL PARAGRAPHS.
Frnnk Henunn of Cheyenne Is In Omaha.
George J. Kelley of Lincoln Is In Omaha.
City Attorney J. Conncll Is out of tho
city.
H. 8. Edcar of Chlcknsaw. I. T.. Is in tho
city.
A. T. Holder of St. Joseph. Mo.. Is nt the
Millard.
Judge William Neville of North Platto Is
In tho -Ity.
E. P. Melody of Sioux City Is a guest of
tho Hcnslmw
William Sullivan of Alma Is quartered at
tho Merchants.
Ira D. Marston of Kearney was nt the
MUlnrd Monday.
James A. Cllno of Mlndcn Is quartered
at the Ilcr Grand.
D. Ii. Dummcrt of Blair, Nob., Is staying
at the Merchants.
II. Flanders of Deadwood Is registered
nt tho Her Grand.
F. M. Currln of Sargont was a Monday
guest at tho Millard.
C. M. Williams of Hutchison, Kan., is
registered at tho Millard.
P. M. Everhard of Kansas City Is trans
acting business In tho city.
W. J. Dmlisls, u whisky talesman of
Chicago, is ut the Hensnaw.
W. A. Hussell and L. V. Heatty of
Kunsas City nro staying ut tno tionsnaw,
A. J. Carpton, Georgo T. Witter, C. J.
Cooper nnd L. B. Lernen of Denver are
Btopping ni 1110 .uiuuru.
George F Palmer of Ilroken How, ox.
deputy United States marshul, Is at the
Alcrcnanis.
E. M. Clcndenlng, secretnry of tho Com
mercial club, Kansas City, Is a patron of
tho Her Grand.
Miss Mary H. LIttell, teacher at tho Han
croft building, Is out of school this week
on nccount or sicitncss.
Mrs. OHvo J. Marshall, who wns sor ously
111 for mnny weeks, has resumed her work
In tho Clifton Hill school.
H. F. Bharer, chief clerk of the railway
mall service, Is in Chicago on business con
nected with thn department.
M. T. Jackson of Nellch. D. Shorkov of
Hastings nnd F. O. Lundgron of Shlckley
registered Monday nt tho Her Grand.
Friends of Charles Turner, who Is now
at Hot Springs, Ark., havo received Intters
from mm in wnicu no states mai no is
much Improved In health.
Mr. and Mrs. C. It. IJrown of Clarks. II. E.
Knapp nnd 8. Harris of Fiillerton. William
McEver nnd George J.Hlimrin of Columbus,
Hurry usiiwooa 01 nwunion nnu jnmeu
Collins of Norfolk woro state guests ut tho
Murray Monuay.
Nebrasknns nt tho Merchants: Mr. nnd
Mrs. Julius jueirt) or uong nnc, i,. v.
LOCAL BREVITIES.
The Hoard of Park Commissioners will
rrcot Wednesday afternoon ut 3 o'clock.
Diphtheria to under quarantine nt 1211
Davenport street and at 111 South Twenty
ninth street.
Four veterinary surcconp. have renortrd
to lhi imnrlfrmnster nf tho Dcniir.nient
of tlie Missouri tor nsslgnm'.'nt to service In
inn rniuppincs.
W. F. Johnson, member of tho Honril of
Education, will address thn Northwest MIs
Bourl Ti'Kchers' iibsocl.itlon on ".Work mid
WorkiiiKH of 11 City school Hoard" nt (St.
Joseph November 30.
As has been tho cistnin In former yenrs,
nil teachers In tho city schools wli: rocelvi
any ThnnltnglvInK gifts of clothing or food
which pupil iicsiru 10 uoiiiiui in 1110 poor.
All such gifts will bo turned over to tho
AuHoeluted Charities.
Tho Ilonrd of Public Works has ndver-
tlKi'd for bldH on nnuunl supplli's und tho
fecdlnir of city prisoners, Ilids on supplies
must no accompanied by 5100 chcckii und
J"0 cheeks must accompimy urnpopulH fur
thu fowling or prisoners, o units win ue
received nfler December 1.
Pplpr Wnkrr. n. elcnrmalter who rooms at
60f North Sixteenth street, reported to thn
police thnt he wns rolihoil sunu.iy niirn;
of 175 by his roommate. Ed Connell. Wnkrr
nwnkc about 4 o'clock Monday morning und
noticed that hl'i bedfellow wiih ml sing. A
hnsty search disclosed that the JT5 which
he (Wakcr) had placed under bis plllsw
was nlso gone. Wnkfr then railed up thn
station by 'phone, nnd tu 11 fow minutes the
pollen departments of South Omaha and
Council Muffs wero nntlllid C0111101I w.ih
arrested In South Omnlm 11 hnlf hour lalfr.
nnd, when searched, tho money wus found
upon him.
I'rntrat Atrnlnat III11111111'" Mnliion.
Tho Hoard of Flro nnd Poiico Commis
sioners npent hovernl hours last night hear
ing testimony nnd mwiinent In tho con
test ovnr the gruntlur of 11 liquor permit lu
Fred Kliump ut Thli'ty-llfth und Lcnvcn
wot th Htreots. The i.tlornev for thn pri -t.'Stnuts
maintained tliut tho pct'tlnn for
thn permit Is nlgnod by ninny persons who
are not acquainted with lthump .nil huvu
no right to swimr that he is of .Tood ehar
neter. It was also maintained thnt thn per
mit Is suupht by tho ontaha llrewlui; asso
ciation rather than li llliump. Tho eaxu
v.-im taken under advisement for one week.
Hurt Willie IViIvIiik.
Mr. and Mrs. N. 1". Miidscn, who live nt
tho corner of Forty-neveiith and Hojil
streets, were qulto vurlous'y hurt Hundny
evening Whllo driving along Fortieth
street, near I'.iuilng stroet, ono of thu
front wheels of the buggy in whleh they
wero riding broke. The horsifwas trotting
qulto rapidly when th" I i-enkdown oeeiirre.l
mill both Mr nnd Ml" Madsen wero thrown
to tht pavement with great force. Thu
man H.istalned n In i. ken shoulder and Mrs,
Madsen fr.iottired 11 rib. Mndsun Is a
trackman in tho employ of thu Omaha
Strcut Hallway company.
INDIGESTION.
Horsford's Acid Phosphate
Makes digestion easy. If your dinner
distresses you, half n teaspoon in half
a class of water will jive quick relief.
Genuine bears name HossroKD's on wrapper.
rr
izijiiiKacucaiiiiuno:'!
If Voar Eyes
give you trouble don't wait
for them to got hotter them
selves, but como to us and
let un fit you out with the
proper glassos.
Ycur Eyesight
once ruined can never bo
ccco voted. Don't trifle with
so Important a matter
lt'n no troublo to wear glass
es If nhey aro rightly made.
THE A10E & PEN FOLD CO.,
I.rmllnif Heleiitlllc Optlclniis.
140S Fnt-nam. OMAHA.
OPPOSITE PAXTON HOTEL.
Haskell nnd O. W. Mulligan or wakelleld.
C. A. Hoblnson and Norrls Drown of
Kearney, F. Crow of St. Paul and II. M.
Proffer of Valley.
Revives
Without
Reaction.
"A Perfect Headache
Cure. The only
stimulant without
sting.
''Wm. dlHette."
Orangeinc is a physicians prescription
perfected after30 years' study and test.
.... ,iiil nnr
IJUIIIII1.90 MVJutl ...... ;
as proven by thousands of living wit
nesses lur Uie runci ami lhiu ut
Headache, drip, Colds, Asthma,
Neuralgia, Women's Ills, Stomach
Disturbances and many other Ills.
"Two years' uo of Orangolne proves
it tho best remedy I havo over known.
In my frnnlly H cures every ailment."
Writes H. It. Kenyon, Buffalo.
Bold by drnggUts generally lu 25 and 50i
package. A trial packotro will be eent to
any addreia or S-eeat itamp,
ORANQEINE CMEHICAL CO., Chicago, III
Drex L's Not So Slow-
You can always see him at the lend of
tlio procoHslon in nnd out of hciihoii.
Ho It Is with his mlsscH Hhoea. lie has
(spared nothing In order Unit ho might
furnish you the best misses shoe for tho
money in tho west. He has a misses
welti'd solo on the wide foot form Inst
thnt DlensoH the eye nnd gives comfort
to tho foot, nindo of the light calf or
ferlor shoe. We tako great cans In -fit-range
in price at $1.7fi, $!!,'! and SU.fiO.
No more expensive than ninny un In
vlct hid with the spring licet n wide
ting these misses shoes. DKKXEI
Drexel Shoe Co,,
New Catnlouup Ht-ndy Sent Free for
the Anklntr.
Omnia' Up-to-ilntu Shoe Home.
Ml KOINAM STIIHHT.
Do You Know
Tho names of four leading pianos?'
They nro Knnhe, Kimball, Kranleh &
Unch and llnllet nnd Davis pliuios
Yes, we do sell pianos on 5.00 monthly
paymcnts-nnd only nsk $107 for this
kind when you want tho cheap .plnno
wo have theni-niid this price ($107) Is
Just 9100 chenper than the samo kind
elHowherc Wo repair, Juno nnd move
pianos Wo sell stools, scarfs and piano
belongings.
A. HOSPE,
Uuilc ul Art 1513 Outlu.