4
THE OMAHA DAILY URE: FTUDAV, .TANTTARY 25, 1901.
NEWS OF INTEREST FROM IOWA.
COUNCIL
ati.vou MiJvno.N.
Da via Bella glass.
Davis sella drugs.
"Mr. Hllcy," G-cont cigar.
Fine Missouri oak. Gilbert Hros.
Ons fixtures and globes nt Hlxby's.
Kino A. n. C. beer, Noumnyer's hotel.
W'ollmrin, scientific optician. 409 H'd'y.
Schmidt's photon guaranteed to please.
Moore's stock food kills worms, fattens.
W. J. Hostcttcr, dentist, Hnldwln block.
I.rffcrt, Jeweler, optician, 230 Hrondway.
Drink Hudwelser beer. U. Howenfold, ngt.
Picture framing. C. K. Alexundcr & Co..
33J Uroadwny.
Horn, to Mr. niul Mrs. James i'llzgerald
Thursday, n son.
W. r. Graff, undertaker and dlslnfcctor,
101 South Main street. 'I'hono COO.
, Oct your work done at I ho popular Haglo
laundry, 721 Uroadwuy. "Phono 157.
Morgan & Kl-ln, upholstering, furnlturo
repairing, mattress making. 122 S. Main st.
Thn work on the now smokestack ut tho
federal building was completed Thursday
and accepted.
Tim rotidltlon of William W. Wallace of
Illuff street In dally Improving, and his com
plete recovery Is looked for.
A marriage license was Issued yesterday
to .lames I'. Nugent and olive Crowley,
both aged 23 years and of this city.
A want ad In Tho Hee will bring results.
The same attention given to a want nd In
Council Jlluffs as at tho Omaha ollice.
Mr. ami Mrs. William M. Ilench of New-
York are guests of the former's sister. Mrs.
Charles Test Stewart, Houth Sixth street.
Sheridan coal, onco tried always used.
Hmokeless. no soot, clinkers nor sulphur. I
1'rlco J.'i, M.80. Kenton it Foley, solo agents. I
The First National bank has bought the 1
property dlrertly west of the bank building.
Tho consideration Is snld to have been 111,
(. I
Idly Camp Aid society will meet this
rifternoon at 2:t at the home of Mrs. .1.
Hmlth of Seventh avenuo and Nineteenth I
street.
Krnest K. Hart nnd Frank Grass havo
been re-elected president and vlco presi
dent, respectively, of the Council HlufTs
Jlulldlng and Loan association.
Annual meeting of stockholders of tho
Hold Hell Mining, Milling and Prospect
company will bo held Friday, 7:30 p. ni., In
tho olllco of Wright & Haldwl.i. .
Meda Leas lire was released Thursday '
morning from the city Jail after paying u
line of 110 and costs. Her mother, who had
been taken to the hospital, was sulllclently
recovered to ho ablo to return to her home.
Word was received In tho citv Thursday
of tho death of Kcv. Father SohufTmiicher
at Neolu. Father HrhulTmaclier was ono of
tho oldest and best known priests of thu
Catholic church In this section of tho coun
try. In order to replenish Its- relief fund,
which has been exhausted by tho many de
mands on It for tho sick and dependent
comrades, Abo Lincoln post, Grand Army of
the Itepubllc, will give a hall on Junuary SO
In Grand Army hall.
Hob Scott, for whoso arrest on an old
timrgo a warrant was Issued from tho court
of Justice Ferrler, was corallcd Thursday
and lodged In tho county Jail, from which
ho was recently released on tho under
standing that ho was to go to South Africa. '
Goorgo Mooro was Injured In a runaway
accident last night en Tenth street nnil
Seventh avenue. Tho spring wagon la which
ho was driving was overturned and ho was
thrown heavily to the ground, tlo was
taken to hln homo at ICS Avcnuu G In thu
pollco ambulance.
Council camp, No. U, Woodmen of tho
World, will meet In regular session tonight.
Thero will bo work In the protection degreo
and tho degreo team will bo reorganized In
antidilution of u call to defend tho trophy
won by the camp. After tho meeting re
freshments will bo served.
Charles' Cozad, tho youth charged with
heating another ladrnomed I.loyd Klrkpnt
rlek, was before 1'ollco Judgo Aylesworth
Thursday morning. The evldcnco developed
tho fact that tho families of tho two boya
do not agreo and after rending both lads a
lecture tio cpurt discharged Cozad.
Tom Carter was arrested late Wednesday
night, charged with stealing a pair of rub
ber hoottt, tho property of Landlord lller
wlth of tho Metropolitan lintel. Archlo
Costello, who wiim only released from tho
city Jail Wednesday morning, was arrested
with him and lined ' and costs In pollco
court for vagrancy. Tho pollco bulievo thoy
are sneak thieves.
Jusllco Ferrler will hear tho caso this
morning In which Arthur Southwoll Is
charged with malicious troripiiHH by Georgo
W. Smith. Smith Bays Southwell has been
using his lot for u luithwny against his
wishes, Tho trouble between tho two men
Is said to bo another chupter In tho Frank
lin avcuuo neighborhood row which has on
gaged tho attention of tho pollco and Jus
tice courts for some tlmo back.
Kht Donley, alias Henry Smith, and Mat
Carter, alias Lewis Smith, negroes, charged
with stealing a watch from Itoblustm Bros.'
Jnwelry store, were brought back from
Omaha Thursday afternoon by Detective
Weir on requisition papers. They will have
their preliminary hearing In pollco court
this morning. They are alo charged with
stealing a ring from tho Jewelry store of
N. P. Conant. Henry Smith 1ms been
Idontltled as a negro who was arretted hero
about two years ugo.
N. Y. Plumbing Co., telophono 2C0.
Fresh Vaccine 1'olutH received overy day
at Dell G. Morgan's drug store.
Commonwealth lO-ccut clear.
Ileal Fxlnti' TrnnxferK.
Tho following transfers wcro filed Thurs
day In tho abstract, title and loan olllco of
J. W. Squire, 101 Pearl street:
Ida M. Rogers, guardian, to William
W, Winery, part hA soi 1-7.1-tl (uud.
2-:i Int. In), gdns. it $ 210
Frlal IC. Lull and wife to K. Ii. Kine.
lot .1 and n! lot i, block 13, town of
Macedonia, w. d COO
Philip 11. Strong and wife et al to C.
II. Itellinger. o 21 4-12 foot of lot 1S7,
O, P. C. II, w. d 9G0
County treasurer to Fred J. Hill, lot 2,
block 28, Hnyllss ,i Palmer's add,
tax d 1
Chicago, Hock Island . Paclllo Hall
way company to Kdward Hooker,
lots 20. It. 22 and 23, block 3, town of
Carson, w. d 200
The l!ee Publishing company to
Georgo W. Turnur. lot 20. block II,
Wright's add, w. d 25
K 11. Lougee and K. .1. Day, refurevH.
to William II. Hoddyfolt. so',4 nwU
11-71-41, ref. d 1,900
Camilla A. Hunnii and husband to It.
V. lnnott, part nwU hwU M-75-II,
Q. c. d 1
Total eight transfers
... 3.7W
Howell's Antl-Knwf cures coughs, colds,
Davis sells paint.
Don't Be
In a Hurry
When you como to our store.
Iiok around nnd examine the
different Btyles of our shoes.
Wo aim to keep something
that will plcaso you. Wo
don't claim that our shoes
will last forever, but wo
do claim they will fit perfect,
look well and wear longer
than n poor quality shoo that
costs the saino mouey If not
more. It's good quality nnd
low prices with this store.
SARGENT'8
Look for the Bear.
FARM LOANS
Negotiated In Eastern Nebraska
and lown. Jame jm. casady, Jr.,
126 Main St., Council Hluffs,
Save Your Money
Investing
With tho
8A.VI.NttS, LOAN AND 11 U 1 1.1) I. M) ASS'.,
i 1UU Teiirl Street, Council Illuff, In.
L
BLUFFS.
COURT DENIES BANK PETITION
Judgo Thornell Quickly Gives Decision in
Officer & Puiej C&io.
LIKELY TO PUT AN END TO THE LITIGATION
Creditors nf (In- Firm Will 1'rolinlily
AKri'e mi a .Method Whereby 1JI
lileml Cmi lie Declared by
ttccoUcr nt Hnrly Date,
The arguments In tho Officer & Puscy
bank caso wero completed jestcrday morn
ing In tho district court and Judgo Thor
nell at once handed down his decision de
nying tho petition of Intervention of Day
& Hess nnd J. K. Cooper.
Tho decision was given orally and Is as
follows:
I suppose It Is very desirable in thl: ensn
tlmr has Just been tried and submitted Out
n oeclslon be rc.n lied as soon an practica
ble. To that end I Invited In all tli- attor
ney:! who were InterMted In tho different
claims In this matter so that thero shout I
bo a full and thorough discussion of the
proposition!) Involved In this case, and I
must sny that, asldo from ono caso pcrh.tpi
tho Hallard case It Is some yours since
thero has been ns thorough and full and
exhaustive a discussion In a case as thero
has been In this. I have given this cns. as
some nt you are pcrhupa aware. eon-duor-ahlo
examination nnJ thought during tho
tlmo that It was being tiled upon tho evi
dence and nlso during the tlmo that It has
heir, argued. I presume by taking time I
could express moro clearly and f till v tho
views or the ground on which 1 shall mnko
a decision In thin case than I could do off
hand without reducing It to writing or giv
ing It extended thought, but the attorneys
In this case who u.tlvlsi their clients nro io
well Informed that th mere suggestion
upon tho part of tho court of tho irrotiiida
upon which this decision Is made will fully
Inform them as to what tho court thlnk-t
about It, and It matters llttli whnt I thlrk
about It anyway If this case In going to thu
supremo court, and it ought to go thero its
quickly as possible.
Court lilt PiiKlied the Mutter.
Permit me. asldo from tho caso, to say
that there has been apparently n little
thought upon the part of some that this
caso has been hastened very greatly. Lot
mo relieve these Interveners and their at
torneyit from any Imputation of that kind.
It has been tho court Unit haa pushed t li.-
matter. Theso peoplo wanted time, and I
told them they could not havo tlmo to pre
pare their arguments; that this matter
must be decided ono way or tho other and,
If It hint to go to tho sunrcmo court to go
thero as quickly as possible, because thero
Is J200.000 In rash tied up lr. tho I'lUinRt
bank that ought to be In tho hands nf the
depositors, renresontlng, I am told by Mr.
Herrshelm. 2UV4 per cent of the total in
debtedness, so I have been constrained to
make nn effort to reach a conclusion In this
case nt once.
Now, where a person having legal capac
ity makes a deposit In a bank tho relation
of debtor nnd creditor exists. Tho depos
itor In that case, If he has legal capacity
to deposit Is not a minor nor suardlan nor
an Insane person can only stnnd upon the
ground, so fnr as his contract Is .concerned,
that other creditors stand, Ho can obfiln
preference only by rcclslon. Ho has got to
havo tho contract that he makes with the
bank, making him a genorni creditor of tho
bank, rescinded before ho can claim n pref
erence for his debt over that of ither creJ
ltors. Now, on whnt ground can u con
tract he rescinded? I think every lawyer
hero will agreo with mo that It must he nn
the ground that Is, where tho parties have
full capacity to contract that It must be
nn the ground of fraud. Of course, It lias
been asserted here tho caso cited by Mr.
McCabe from Knglnnd. from tho House of
Lords' IleportH, Is tint' ln-polnt hero boaus.j
fllflt L'tl U fl lltUf ,.(,11,. ft ,wl nf luill.an ,1 ,1,1(1.
edn that In a law case tliero can bo no rc
clslon upon constructive fraud, but that Is
not true In equity: but the tiuc.ttinn Is: Can
constructive fraud apply to a case like
this? T concede thai In thn sain nf real
estnto or whore thero Iuir been accidental
or nvKllgrnt oversight In a matter and mls
reptesentntlon accidental misrepresenta
tion, negligent mlsrepretentatlon tint
thero mny bo reclslnn In a court of equity.
Hut who Is that between? Whv. it Is be
tween the Immediate parties. Now, havo
any of you found any caso against n ro
colver ns against other creditors, who rep
resent parties having equal rights or cnifil
equities, unless the contract Is rescinded;
havo you found any case based upon con
structive fraud? T apprehend not. I have
loiiuu no sticu case. I mid all or these
cases baso tho decree of rcclslon upon the
ground that at the time tho bank was In
solvent thev iico the wonR all of thou,
"hopelessly." and some nf them "Irretriev
ably Insolvent-nnd that the party at tho
nun- intended to ncirauu or tnat thero
wero such clrcumstnnces surrounding Iho
transaction as that. In the evprrlsn nf ren.
sonablo prudence, they should havo known
mm iraiiii wiaim nave resuneii. ami. cr
course, that fraud must relate to tho trans
action In hand.
Duly 1'riunl That Conlil Result.
Tho transaction In hand In tho reception
of a.deposlt. Tho only fraud that could ie
suit would bo that the deposit would not
bo paid back.
This cuso of Qulnn against Slngerly Is a
good Illustration of that. It seems to .me,
decided by one of tho most eminent Judgen
that over sat on the bench of this country
Justice Gray of tho United States circuit
court of appeals. Thero tho president of the
bank. Mr. Slngerly, the proprietor of the
Philadelphia Hecord, owed the bunk $S17,i0,
Tho bank, unless It was paid, was hope
lessly Insolvent. On December 22, 1S97, be
tween 2 and 3 o'clock, the plaintiff In this
case, Qulnn, deposited $3,000 In that bank.
Thero Is not tho slightest question but that
tho hank was at tho time utterly Insolvent.
It was Insolvent by tho act of tho president.
It was known to the olllrers of tho bank. I
am simply Illustrating It by this case. They
received tho deposit, but at that tlmo they
thought thu president thought ho had an
arrangement made with Urexel & Co., that
ho believed would bo carried out, by which
Urexel fc Co. were to put Into the hank the
next morning $23.00o. Urexel ,fc Co. had not
examined tho property, to see whether they
would take It or not, but we may believe
that Slngerly hud the hope, upon reasonable
grounds tho belief, upon reasonable
grounds that the contract would be carried
out. Thut In the ground. 1 think, upon
which Justlco Gray bases the ilecljlon
that ho believed upon reasonable grounds
that he would ho able to pay tho deposit
back. Still, In twenty minutes or half an
hour after tho deposit wus received, they
closed tho doors and never opened them
nzalu. Urcxol & Co. conferred with tho
directors that night, they examined tho af-
lairs oi tuo uunic and mused to maKe an
advancement. Tho next mornlnir Mr. Hurt.
Uio bank examiner, examined tho bank and
closed Its doors and this action was brought
against tho receiver. Mr. Knrl, 1 think tho
name was, to niaKo mat a special deposit,
and Mr. Justice Gray, In deciding that ease,
puts It right on the ground he does not say
it In thut many words that they had rea
sonable grounds for believing that they
might pay tho deposit back. They wero
resting upon this probable contract; other
wise tho bank wus hopelessly Insolvent,
No CtiNf of (ienerill Deponlt.
Now, all these cases and It has been sug
gested here, and truthfully, by counsel that
no case relating to u general deposit has
been found where It has been made a pref
erential claim excepting where the deposit
has been made within torty-elght' hours be
foro tho bunk closed, and my intention has
never been called to any case whero that Is
not the fact. And you take the case of tho
St. Louis Hallway Company against John
son, 133 P. S decided by Chief Justice Fill
ler. and he places lurlght on this ground,
that thero must be the Intent, cither ac
tually shown or to ho fairly Inferred from
th? circumstances, that the parties did not
Intend to pay back tho deposit; that Is,
thero must be the wrongful Intent, tho evil
mind, the wrongful purpose, or circum
stances that would havo dictated to reason
able nrudenco that the deposit would not bo
paid hack.
Now, 1 think that Is tho law on this ques
lion and that no decision can bo decreed
hero of these contractu between these par
ties, because they aro all of legal capacity
to contract, unless It appears that at the
tlmo these deposits wero received that the
bank was Insolvent, nnd that It was so In
solvent and so known to Ottlcer & Pusey;
that, from all of tho circumstances, thev
Intended not to pay back, or that, from all
tho clrcumstnnces, they hail no reasonable
grounds to believe that they could pay back
to that depositor the money that was being
received.
Now, In u popular sense, asldo from this
mining property. Jt seems to mo that the
evidence shows here that In 1S90 this bank
ing Institution did not have suttlclent ns
sets. If converted into cash, to meet the de
mauds iiKallist tlu'Iil. I do not know the
lvalue of this mining property. Of course,
probably the most valuable part of It be
longed to Thomas Otllcer. I onderstand the
Wnlter Scott mine wns taken bv the bank
ing Institution In tm merit of a debt: that Is
tho assertion here, and there Is no denial of
It. I understand that Is tho fact. Hut 1 do
trot know tho value of any of this mining
property. Hut the question arises: Did
these men Intend, or should they have con
cluded, If they had looked the matter
squarely In the fnee, that they would not
be able to pay back these several deposits?
Solvent In One .Sense,
Of course, tho fact that the bank did not
hnvo as much property ns would pay Its
debts, If ii finding, would be a Hading that
they wero Insolvent In one sense. If they
were able to meet demands ns they fell duo
would be to llnd that they were solvent In
another reuse, as usually applied to traders
and banks mid business men If they arc In
such clrcumstnnces that they can pay the
dimandfl made against them ns they fall
title, they urn generally deemed to bo sol
vent In a business sense, although they may
not be solvent when both demands anil as
sets aro converted Into cash and they are
not ablo to say that their assets are equal
to tho demands against them. Hut It seems
to me thut, In the sense that they did not
havo nssels stllllclent to pay their debts, It
might be said fairly from the evidence that
this hanking Institution was greatly embar
rassed and was Insolvent In lSOt!. Hut that
tloes not solve tho proposition. You havo
still got to answer tho question; Did Otll
cer fc PtiBey Intend, In receiving these de
posits, to defraud the depositors, or did
they bellevo, upon reasonable grounds, that
they could pay the deposits back? If, when
acting honestly, they believed, upon reason
nble grounds, thut they could pay these de
posits back when they were received, why,
tills rcclslon cannot be decreed. That Is
clear from this case of Qulnn against Karl.
It Is clear from the case of the St. Louis
Hallway Company against Johnson from
all theso cases. Of rourse. they must havo
believed It upon reasonable grounds, upon
such grounds as would havo led n reason
ably prudent and cautious person and fairly
good business man, when placed under like
circumstances, to believe that they could
pay back, Now, what were tho circum
stances? Ciiiillilenee of Cti in in unity.
Why, It appears from tho evldcnco that
theso men had started, perhaps with very
little, In this city noma forty-three yo-irs
beforo tho bank closed. They had an Im
metifc credit; they had the conlldenco of
tho community bevond that. nerhaiH. of
any other banking Institution In noutM-
wtstern town, i uo not Know tnni inoao
matters nre hero In evldenco In this case.
I do not know whether the testimony taken
in these other Interventions could he con
sidered In this ense. They had met their
demnnds. For about five years after IS'c!,
when tho bank probably did not have us
teta enough, oven Including the properly of
tho partners, unless these mines were of
great value, to pny tho debts for llvo years
after that they paid nil tho debts, all tho
demnnds made against them, They com
muted no act or insolvency, necnuso uiy
never refused to pay any Just claim that
was presented, so far as shown by tho ev
idence. The bank was not closed hecauso
It was Insolvent or because It did not pay.
It was closed on account of the death of
Thomas Olllcer. It seems thnt that occur
red sumo three days after ho returned
from tho west. And perhaps on account of
the Insanity of Mr. Puscy. At tho tlmo
tho bnnk closed they had JIIJ.OOO nnd some
thing over In cash. It unquestionably was
In an embarrassed condition, but It doesn't
seem to me, gentlemen, that from this tes
timony II can bo fairly and reasonably In
ferred thnt theo men, at the time they
took these deposits, Intended to not pay
bnck. If tho death of Thomas Olllcer hnd
not occurred, or the Insanity of Mr. Pusey
had not occurred which probably would
not havo occurred but for tho death of
Thomas Olllcer thero Is no reason to be
lieve but that this bank would havo con
tinued to do business for tho next ten
years as It had In the last ten years, and
would have met these deposits nnd met
every demand against It It went through
tho panic of 1S03 and lb73 and 1857 so 'nr as
shown utterlv unshaken, and I do not be
llevo T would be Justllled, and I tlo not
think tho supremo court would sustain It
for u moment, If I should decree that here
was a rcclslon of all theso 105 contracts r.n
tho ground that these men Intonded to de
fraud or on tho ground that they hnd no
reasonabln ground, ns prudent men, to be
lieve that they could pay back when they
received theso deposits.
Question of Interest.
Now, thero nrn some conslderntlon.1 In
this mntter that lead mo to. this conclusion.
They hnvo arisen In tho discission of this
caso. Hero Is this question of Interot.
Why. If thoy rescind tho contract they won
not recover Interest under the contract, butt
they may recover Interest lis tlinnuir-x'
sounding in tort. If they rescind their con
tract they can recover thei. property only
os far as It Is shown to have swelled lit" as
sets of the estate, and If this Is Insutllcler.t
to meet their tlcninnda cannot be recov
ered from other property of thn estate na
iler the contract hecauso they say tho con
tract Is void, and they cannot say the con
tract Is void and then, the next moment,
say It Is good to recover on It from the es
tnto other than that Into which their prop
erty has gone. They may recover this sur
plun back on tho ground of a tort, or
wrong, but not us n preferred olilm I tlo
not think that 1 could llnd thnt this bank
was Insolvent under any of tho circum
stances prior to 1S9t!. Here aro u lot of
deposits made before that time. Wlvtt Is
to become of them'' Hero are a lot of de
posits made of trust funds that tho .aw
for many years for a lifetime has held
to bo preferred claims. The quetlon arises
as to whether there are tlegrees In pref
erence, and It does not strike mo that n
llndlng in this cuso such as Is asked by
these intervonors would result In equ.illtv
or In tustlce to the.'o depositors, ill of
them. I might bo led to risk, as It seems to
me, a doubtful decision If I thougnt !t
would benefit tho whole of this estate, hut
It looks to me as though It would Involve,
It in n storm of lltlgntion.
1 think, gentlemen. I will havo to refuso
tho prayer of these Intervenorr. I will
mnke an entry on tho docket and, if you
wish to take this case to the Hiiprcmo
court, 1 will try and urge the reporter to
hnvo this evldenco extended In the short
est posslblo time, because this matter
ought to bo settled.
Intcrvenors except to tho ruling.
I.IUely to Hnd l.ltluiitlon.
Tho denial of this petition of Interven
tion Is expected to put an end to all of
tho lltlgntion In connection with the wind
ing up of tho nlfnirs of tho bank and tho
creditors of tho firm will probably ngreo
on a method whereby a dividend can bo
declared by tho receivers at nn early date.
Attornoys representing a number of tho
credltora Interested In the petition of Inter
vention said they wero satisfied with tho
court's ruling and did not believe that an
appeal would bo taken to tho supreme
court.
J. J. Stewart, nttorncy for the comtnitteo
appointed by tho creditors at whoso In
stigation the suit was brought, snld:
"Whllo I cannot sny definitely until a
it.ceting of the creditors Is held, I have
every reason to bellevo that no nppcal
from Judgo Thornell's ruling will bu taken.
Tho effect of nn appeal would be to tlo
up tho funds In tho hands of tho receivers
for nt leaBt two and possibly threo years,
nnd this would work n great hardship on
many of tho creditors. It would tnko a
long tlmo to transcribe tho ronss of evi
dence Introduced In this suit and It would
bo several months before tho papers could
bo mndo ready to tnko the case to the su
premo court, and It would be two years
nnd possibly three boforo any ruling by
thnt body could bo expected,"
Hy permission of thn court the peti
tioners filed nn nmendment to their peti
tion yesterday morning, In which thoy
gave tho names of 125 credltora with clnlmi
nggregntlng J2S2.218.4S. who were Interested
with them In the suit nt bar.
Funeral of TIiiiiiiiim Word.
The body of Thomas Wurd, tho Illinois
Central switchman killed whllo at work
Wednesdny morning in the yards of the
Hrldge & Terminal Hallway company In
Oranha, was brought to his homo at 1011
Third avenue, this city, yesterday afternoon.
The funeral will bo this morning. Ward
recently cntno to this city from Irwin, 111.,
nnd his death bereaves n wlfo and two
small children,
All members of lodgo No. 6, Switchmen's
union, are to meet at tho hall, 103 South
Mnln street, tomorrow morning to attend
the funeral.
Settle tin Meat ftucntlon.
Pre.Udont Henry has iBOiied a call for a
special meeting of the Hoard of Kduea
tlon for tonight for tho purpose of deciding
whether' the heat regulntlng apparatus
shall bo used In connection with the heat
ing nnd ventilating systom contracted for
tho new High school building.
This apparatus wai eliminated from the
bid cf Steplmn Utos. when the contract was
awarded that firm. Pome of the members
of the board arc of the opinion that tho
plnnt would be Incomplete without the reg
ulating apparatus. At tho tlmo tho bids
were opened the bonrd was of tho opinion
that the price asked for tho regulating ap
paratus was excessive.
aravel roofing. A. H- Heed, ell Hrondway.
Ak IteeeUer ftir .Mother.
Kmll nnd W. H. Schurz cununenccd suit
In the district court yesterdny to restrain
their mother. Mrs. B. K. Schurz, from
Incumbering her property, and asking thnt
n receiver be appointed to enre for tho
property. Tho suit Is a sequel to Mrs.
Schurz's determination to go to Kuropo
with her daughter In order thnt tho latter
may havo Instruction In music, Mrs.
Schurz has sold off nil her furniture, ranted
her house, and her two sons during her
nhseuco will hnvo to seek a homo else
where. Tho sons claim that the property owned
hy their mother was by n verbal ngree
ment with their deceased father held In
trust for thorn. In their petition they nsk
thnt her holding of the property bo de
creed to bo trust und that Mrs. Schurz bo
made to account for nn Incumbrance of
$1,500 which she placed upon It to secure
funds for her European trip. The sons
claim that after crediting her with an JiOO
mortgage which bIio paid on on property
In Mills county $700 nf the money which
sho borrowed rightfully belongs to them nnd
her Bister. Tho sister Is not n party to
the actlou.
It Is stated on good authority that not a
enso of Btnallpox has occurred In Council
Hlufls In which tho person afflicted with
tho dread dliicnse has been In the hnblt
of partnklng of that famous whisky, sold
at Tho Iloffmnn, whero Snpho, from her
perch on tho wall, smiles with you.
Mr, .suit' IHvorop Stilt.
In tho district court yesterday afternoon
Judgo Thornell commenced tho hearing In
tho suit for dlvorco brought by Mrs. Iva
Suit against John Suit.
Tho hearing in tho matter of tho applica
tion of Frank Shlnn for a tempornry In
junction restraining tho Hoard of County
Supervisors from carrying out Its contract
with F. M. Cunningham, tho "tax ferret,"
is set for this morning. The question nf
the validity of tho contract will not bo
argued nt this time, but whon tho motion
to dlssolvo tho temporary restraining order
Is heard.
County Auditor Innes heard yesterday
tho case lu which John Llndcr Is snld by
Cunningham to own property which had
been omitted from assessment. Llndcr
proved up a number of offactH and the
county auditor has taken his decision under
ndvlsement,
County Treasurer Arnd will henr today
tho cases In which William Plumer and S.
S. Hust aro claimed to own property
omitted from taxation. Tho hearing In tho
enso of A. Hershclm, trustee of J. H.
Keellne, has been postponed until Febru
ary 4.
"Falling to find relief from tho grip with
old methods. I took Dr. Miles' Pain Pills,
Nervine nnd Nerve nnd Liver Pills nnd was
permanently cured." Gust. Egan, Jackson,
Mich.
BANKRUPTED BY EMPLOYES
Fort DuilKe tirot-pr thinucs AllrKctl
DlNlionoNt Help for II In
lljl-J:i;HN Iteversen.
FORT DODGK. In., Jan. .yt. -(Special Tel
egram.) H. S. Mlnnlck, n prominent grocer
of this city, filed petition in bankruptcy
this morning. Creditors have claims against
him to the amount of 4,000. Ho 1b in
debted to sovcrnl banks of the elt V fnr tnrrrn
sums. Mlnnlck claims that ho haa been sys
tematically rohbed by employes to tho ex
tent of about S2.500. The nmn la xrMilm.
a Ecnsatlon, as Mlnnlck wna considered a
weaitny man nt.d his failure was totally
unexpected.
.tluy (iet f Impiierx' llenil t'nniji.
SIOUX CITY. In., Jan. 2l.-(SpeclnI.)-The
head cump of the Fraternal Choppers
of America may bo established In Sioux
City hy tho action of tho annual conven
tion to bo held March 1. Hoono Is nt pres
ent tho scat of tho hend camp, but It Is
to give up tho Beat. There has been great
rivalry between SJnux City nnd Des MoImos
for the honor. If the bond enmp cornea
hero It mentis thnt tho following officials
will raovo here: Head Consul I). C. Wood,
Mollno, 111.; Heard Clork C. D. Tllson,
Hoone, In.; Head Hanker E. N. Wood, Ot
tumwa, la.; Head Kdltor (1. L. Caswell,
Dcnlson, In., nnd perhaps General Attorney
J. M. Ooodson of Dexter, la.
In Mitchell VlueiMlt'n Victor?.
ONAWA, la.. Jan. 24. (Special.) Tho su
premo court haa Issued an order restrain
ing tho auditor of Monona county from lot
ting tho contract for tho Woodbury-Monona
ditch to tho Chicago Canal company. This
Is a partial victory for Mitchell Vincent,
who had mndo tho lowest bid on a pnrt of
the work and who contended that the fact
that the Chicago company hnd made a
lower hid on tho entire Job did not entitle
It to tho contract, as tho supervisors hnd
ndvertlsed for tho work to bo done la sec
tions. I'riilialile Fni'!iniiinoilt Diilt'H.
SIOUX CITV, In., Jan. 24. (Special Tolo
grnm.) Colonel M. H, Davis, commander
of tho Iowa Grand Army of tho Itepubllc,
returned from Dubuque today and an
nounced that tho annual encampment of
lown votcrahs this year will likely bo held
Juno 4, fi and 0 nt Dubuque. Tho mem
bers of tho council of nilmlnlatratlon will
bo consulted beforo these dates aro
definitely decided upon.
Take Iliiznrx mill Itevol vorx.
ONAWA. Ia., Jan. 21. (Special Telegram.)
Tho hardware storo of Thurston & Son
wns entered lnat night by burglars, who
cut the glass out of tho renr window and
robbed the store of nbout $100 worth of
knives, razors and revolvers. It was a ntat
Job and evidently tho work of professionals.
"I had grip three months, could not
sleep; pain all over and hcadacho very bad.
Dr. Miles' Norvlno, Pnln Pills and Liver
Pills mndo mo well." Mrs. 13. C. Ilowlby,
Waterloo, Ind.
COMMITTEE'S LAST WITNESS
Former West Pointer TellN What XVtit
Unite to Voting; .Mill-Arthur
III INKS,
WASHINGTON, Jun. 21. Tho coninlttoo
which Is Investigating the hazing of Cadet
Hooz had beforo It todny tho last witness
who will bo called on to testify. He was
F. H. Cunningham, n tencher nt tho llnm
llton Institute, New York City, who form
erly wns n cadet at West Point and tent
mnte of Cadet MacArthur, a son of General
MacArthur, who was severely hazed ac
cording to tho testimony ndducod nt West
Point. Mr. Cunningham entered tho acad
emy In June, 1898. He described tho hav
ing of MncArthur In July, 1898. He said
he reeled Into tho tent after being hazed
and went Into convulsions.
Asked what was dono to MacArthur, Cun
ningham replied that they had done every
thing which camo under the head of exercising.
WANT OTHERS TO COMPLY
Iona Veterinarians WilllniUt That New
Law Be Compiled Witb.
MEANS WAR ON THE ALLEGED QUACKS
.Vkxiic lotion I'ropnxfH In Mttke Trouble
for Thine Who I'rttetlee Their
Profession mIIIi Neither III.
Iilooin Nor the i:iicrloncc.
DK3 MOINES, Jan. 21 (Special. )-Tho
lown Stato Association of Veterltmrlnns
closed Its two tlnys' meeting In this city
hy tho election of Dr. P. O. Koto of Forest
City ns president, S. H. Klngery of eros
ion vice president nnd J. K. Urown of Oskn
loosa second vlco president. Tho associa
tion discussed various papers of Interest
only to tho cterlnnrlans, but resolved upon
making war In nn nctlvc way on tho quncks
who have made no pretense of complying
with a new law which went Into operation
tho first of tho year nnd which requires
that hereafter no person shall bo allowed
to engage In vetcrluary work unless ho
shall havo completed a course of study In
n regular school, nnd passed nn exnmlnn
tlon. Tho work of registering those who
hnvo shown eligibility by diplomas or by
reason of continuous prnctlcu for a term
of yenrs hns now been completed, but It
was reported to tho association that a large
number of persons who hnvo been prac
ticing throughout tho state have not com
piled with tho law nnd Intend to contlnuo
In tho practice dcsplto tho law. Tho as
sociation will provide a fund for tho prose
cution of theso peoplo nnd Individually .the
members will seek to end unauthorized
practice. ,
Honor for mi lotvnn.
Itobcrt J. Thompson, n resident of La
Porto, la., tho originator of tho Idea of
tho erection of the LaFayotto monument
which wns presented to Franco by the
young pooplo of tho United States, nnd
unveiled at tho Into exposition, b.is rc
colved n letter of appreciation from Jules
Cambon, French nmbnssndor to tho United
States, In which ho says: "Tho French
government has conferred upon you tho
docorntlon of tho national ordor of tho
Legion of Ordor, nnd has charged ma to
announco to you tho distinction of which
you nro the object. Tho government wishes
In this manner to give evldenco of the
deop sympathy toward you and to thank
you for your efforts."
Contest Vooiiiiiii'x will.
Mnry Uoyd Yeoman, widow of tho late
Captnln J. A. O. Yeoman of Fort Dodge,
haa filed nn objection In tho Webster county
court to tho proluto of tho will left by her
husband. Sho clnlms that by tho wording
of tho will tho disposition of the property
Is in fact left to others nnd thus, undor
the Iowa law, It Is null and void. Captain
Yeoman died last fall. Ho was widely
known over tho United States and espe
cially In Grand Army circles, for tho fact
that ho was a member of tho company of
soldiers that captured Jeff Davis after ho
had fled from tho confederate capital. Cap
tain Yeoman had lectured on this phaBo of
his army enreor and there was no question
ns to hla personal knowledge of the way
the confederate leader wns caught.
free icii unoKN in lima,
There nro forty-seven school districts In
Iowa whore tho frco text book system has
been established ns provided hy law. About
hnlf of these aro rural districts and tho
remainder aro In cities nnd towns. Among
tho cities having free text hooka are Audu
bon. Kxlrn. Spencer, Dexter, Kockwcll City,
Missouri vniicy, (Jlenwood, Clarlndn, Dea
Moines, Pocahontas, Sioux Center, Nevada,
Toledo, Lognn Hnd Mount Ayr. There nro
also forty-seven counties In which thero
hns been ndoptcd tho uniform text hook
plan by purchnse nnd sale and in many
of thefco countlcH It will ho neccssnry to
make new contracts thla year or next.
ICiiIkMn Templar I'litiis.
F. W. Crnlg, grand generalissimo, nnd
Alf WIngate, grand recorder of tho Knights
Tcmplnr, havo returned from n meeting
or tno staff or Grand Commander Hrownlco
nt tho Iowa Masonic library at Cedar Unp
ins, wnere plans wero porfectcd for se
curing n Inrgcr attendance from lown nt
tho trlonnlnl conclnvo to he held In Louls
vlllo next August thnn ever before. They
win bciiii out n circular which hns been
prepnred giving partlculnrs.
Count- SttpervlNitrM.
At tho nnnunl meeting of tho Iowa As
sociation of County Supervisors at Mar
shnlltown J. M. Matthews of Pottawattamie
county was elected president; J. G. Smith
of Kossuth county, vlco president; Frank
T. Morris of Polk county, secretary, and
G. W, Hallard of Scott county, treasurer.
There ere supervisors present from nearly
hnlf tho counties of tho state. An nble
pnper wns rend by Judgo Hohlnson of Sioux
City on tho county enro of the Inpano, in
which he contended that county Insane
hoopltnls should not bo established upon
the ground of economy and, so far as prac
ticable, all tho insano should bo enred for
In state hospitals, Tho question of rond
improvement was freely discussed and the
opinion expressed thnt thero Is Kreut need
for reform In the mothods of working roads
in town, -ino matter of caro of nauncrs
wns also discussed nt length. Des Moines
was telectcd as tho place for holding tho
next meeting of tho association.
Supreme Court DeelnloitN.
The following nro tho decisions filed by
tho supremo court today:
J. H. Stokes against Mrs. W G Maxon.
appellant; MuBcatlnn county; dispute over
doorway to stairs; affirmed.
Fstato of Jeremiah J. Hetla nnd S. W
Hotts, appellants, against Jeremiah L.
Hetts; Polk county; probate caso, affirmed
Dea Moines Insurauco enmnanv aualimi
Georgo W. Jones, appellant, Polk counU .
action for corectlou of money paid iu ,
plaintiff's agent; affirmed. I
Kobcrt Headlugton against W. It Smith I
ot al, appellnntH; Winneshiek county, col-
lection of penalties under tho mulct law,
affirmed as to V. It. Smith und reversed as '
to all others.
James Hell, administrator, against town
of Clarion, appellant; Wright county, ac
tion for iM'rsonal Injury; reversed i
I. C. McConuoll, appellant, against C L
Poor; Dea Moines county; controversy over
contract; affirmed.
iti:covi:itn:t fhom nitip.
Mrs. K. I. .Masters, nt her homo In Moni
tor, Ind., used Dr. Miles' Nervlno nnd Pills
to euro nftcr effects of grip.
Mrs. A. K. Lopecr, In tho little town of
Modolla, Minn., used Dr. Mlle3' rnln Pills
nnd Nerve and Liver Pills nnd waa well In
a few days.
Proildcnt McKInloy Is slow.ly recovering
from grip and its nftcr effects.
Georgo J. Flnnnery wns relieved of tho
awful pains In the head In fifteen minutes
by tho iisj of Dr. Miles' Pain Pills. Now
ho la rapidly recovering at his homo In
Huffalo, N. Y.
Speaker Henderson Is again In tho chair
In tho houso of representatives after n bo
vero attack of tho grip.
J, C. Helfrcy; foreman nt tho Westing
houso fnctory !n East Pittsburg, had a Se
vern attnek of grip, but ho used Dr. Miles'
Nervine nnd Pnln Pills und was soon bnck
In his place.
Hev. C. Hody wns In a serious condition
at his homo In St. Paris, O., but Dr. Miles'
Nervine nnd Ncrvo rnd Liver Pllla pulled
lilm through all right
TO MAINTAIN THEIR PARITY
Ituuxe ( oiotultlee mi ( iilnimr Ilr
eiile to Ailvl't' l'rexervlnic
Mhfr Dollar' V it I lie.
WASHINGTON'. Jan. 2I.- Hy n pnrty voto
of 9 to 0 the houso committee on coln
ngc today ordered a favorable report on tho
bill of Representative Hill of Connecticut
to "maintain the silver dollar nt parity
with gold."
This- was done after the commlttoo had
refused to defer action on tho pending bills
to permit the minority members of tho
comtnitteo to ho heard nnd u communlcn
Hon from W. J. Hrynn to bo received. This,
however, was without purpose to excludo
Mr. llrynn's communication, which will bo
received nnd printed na n pnrt of tho hear
ings. Chairman Southard presented a dispatch
received from Mr. Hrynn at Lincoln, Ncb
saying:
"Inconvenient to visit Washington, but
shall be pleased to submit views in writing
If you will send mo copies of pending
measure."
MILLIONS FOR AGRICULTURE
Utilise t iiiiuiilliee Tiikrn (iootl tttro or
I lie ni-iuirtnif u( or Special In
terest (o Farmer.
WASHINGTON. Jan. 21. Tho agricultural
appropriation bill was reported to tho house
today. It cnrrles approximately $1,500,000.
covering the usual requirements of the Ag
rlt'Ultttrnl department, experiment stations,
etc., together with u rearrangement of tho
several divisions of tho department In the
Interest of simplifying the service.
A WOM.l.VS (ilt.V'lii't DC,
.Moiiluiiii Woiiiiin Write In PrnUe
of .enliro'H llerplchle,
Hutte. Aug. 2G. Newbro Drug Company.
City Dcnr Sirs: For sovcrnl ycurs I havo
been troubled with dandruff, causing mo
much nnnoyancc, nnd my hair becamo very
thin. 1 have used New bra's Herplcldo for a
month and tho dandruff has entirely dis
appeared and my hair Is becoming much
heavier than formerly. New hair Is grow
ing whero thero wn none nnd I am very
thankful to you for tho benefit I have re
ceived from Nowbro's Herplcldo. Vory
truly yours, MRS. C. II. FOSTKIl,
No. OSS Utah Ave, Hutte, Mont.
FORECAST OF THE WEATHER
Friday mill Saturday Will ( outliiue
I'ltlr tvltli Some literense In
Temperature.
WASHINGTON. Jan. 21. Forecast for
Friday and Saturday:
For Nebraska and Kansas Fair Friday,
waricer; southerly winds; Saturday fair.
For Iowa Generally fair; warmer; north
westerly winds, becoming southerly: oc
casional rains probable In ' eastern, fair
In western portion.
For Missouri Fair Friday; 'warmer In
northeast portion; variable winds, becom
ing southerly; Saturday fair.
For North Dakota and South Dakota
Oenernlly fair Friday; warmer In eastern
portion; southerly winds; Saturday occn-
alciial snowa probablo In southeastern por
tions.
For Colorado and Wyoming Generally
fair Friday uud Saturday; winds generally
southerly.
For Montana Occasional snows Friday;
colder In western portions; southerly winds,
becoming westerly; Suturday fair.
For Oklahoma and Indian Territory Fair
Frldny; northerly winds.
For Indiana and Illinois Fair Friday;
northeweaterly winds, brisk on tho lake;
Saturday fair, except occasional ruin or
snow probably In northern portion.
I, tie I Iteeord.
OFFICE OF THK WKATHKIt HUHEAU,
OMAHA, Jan. 24 Olllclal record of temper
ature and precipitation compared with tho
corresponding day of tho last three years:
1W1. 19rt0. 1853. 1S3S.
Maximum temperatur".... .11 ,"l -in
Minimum temperature.... It; n il
Menu temperature -I ".I 111 i:;
Precipitation W '.w .no .i.i
Hecord of temperature and precipitation
at Omaha for this day and since March 1.
Normnl temperature 20
KrccoHH for tho day
Total excess alnee March 1 f.na
Normal precipitation r2 im ii
Uollcleney for the tiny 02 Inch
Total rainfall Mince March 1 30. M Inches
FxeesM kIuco March 1 1.1 Incli
Deficiency for cor. period, limo.... l.fi.1 Inches
Deficiency for cor. period, 18W.... 1.31 inches
Iteportn from StntloiiN tit 7 P. M.
STATIONS AND STATl'3
OF W12ATHKH.
Omaha, clear
North Platte, clear
Cheyenne, clear
Salt I.ako City, partly cloudy..
Hapld City, clear
Huron, clear
Willlston, clear ,
Chicago, partly cloudy
St. I.ouls, clear ,
St. Paul, clear
Davenport, clear ,
lCansaa-City, clear ,
Helena, clear
Havre, clear
IHit,,.ftr nlntiK
illdllltf.n, .,.. ...................
tJalveston. cloudy
T Indicates trace ot precipitation.
U A. WKf.SH,
Local Forecast Olllclal.
3 3 c e x
: 3 : S f
::? 3
2S .no
:to 42 .00
22 K .00
40 M .00
34 41 .00
IS 2fi .00
2.S 31 .(H)
I 14 2Si T
22 311 .00
12 14 .00
1S 20 T
32 20 .00
32 as .00
40 JS .00
22 30l .INI
Ml 72' .00
30
Good Property
Is a Good Investment
Fifteen lots In a body for sala at a very reasonable pries. These
lots are located In Omaha addition and llo high and dry. They'
will make a splendid location for lonio factor'. Several other lots
suitable for building purposed ono of thorn especially will make
a Ann location for a homo, being within one block ot tho motor
line and within two blocks of a school houso and church located
la the western part of tho city.
Apply nt
Bee Office,
Council Bluffs.
GRIP
IS NOW EPOCMIO.
4notlelltcMtt!t! tiki tmpjnM tf ' I
Duffy's Pare
Malt Whiskey
l t i-Um ! ! fry tmii. It MM nn uij cm
tl If taken In lime. attl
t.nrent inv Md nt fffMi.
lf Will.rf Mftie. Im.I.
inp doctor, tlytf "DufTM
Furt Milt WMikfrllth onr
lure it, re for vrtu
C.ent'emen 1 Me tu.t the i
r.rip mi di'iky a malt)
WlllSKl'V hit done me motel
f oou mm r y mooklne 1
MRS. MANY A BlNTA.
Vermilion, 111.
FSU'.h If to. ! il, k id
ren dOMD, writ- nt It will
rott vou noihinr tor iilvt-
Medtc.l Dooklet rent free. Itltth. onlr Wlltke. Uted b
DUITV MALT WHISKEY CO., (ocbntir, H. T.
l-'IRST CLAS5 PUlXflAN SLUCPI2RS
...DAILY UHTWHI3N...
OA1AIIA AND SAN FRANCISCO
Without Chungs
GREAT v
ROCK ISLAND
ROUTE
in , ii Ufa 1 1
MorM!TV!C..,,c5t Aenery of the KOOKY
UajllKhtln both directions
DINING CAI SfKVICB THROUOH.
HUFFnT UIJRAKY CAK5.
For full Intnrmntlnn l.i
Wi "PllW 10 Cnl"rnl" address City
Ticket Office, ijij l;arnnin St., Omaha,
MUNYGN'S
When Trof. Munyon sayH what his ColA
t.'ure will do he only says what all tha
world knows, Nearly overy body socma to
bo taking this remedy whenever n cold ap
pears. It relievos tho head, nose, thront
nnd lungs so quickly that a cold need no
longer bo a forerjnner of grippe, diph
theria or pneumonia.
Kvory ono of his remodles Is ni sure.
All druggists, mostly 25o vial. Ouldo to
Health free. W'rlto to Hroadway und 2JtU
St., New York, for medical advlca free.
A refined, peraofl Jlkc.t, nice, dainty toliet
articles, aids to ease, comfort, n pleasing
iippeurunco. All the disagreeable properties
of ordinary "ereuma" aro uhxenl In exquis
ite Satin-Skin fienm. Its dainty, tiulntes
Bonce of llowera, balaamx and pure milk
reduced to pleasant paste form, Sattli-Skln
f ream Is not gummy, atlcky. greasy. For
wlnilburn, Irritation of any sort. It's an all
healing, beautifying ointment. Skin uf
ItlctlouH yield a cure to It as Mother Na
turo'H grateful remedy. Fse nf Hutlu-Skln
Cream before powder holds the powder,
adds to your attra-tetiesH. Don't use any
thing lint Satln-Skln Powder, then voirll
have the best nimh : 25i Boston Storo Drug
a.;epiirtuu nt.
,Mrn. tViimlon'N Sou inline 5yrtti.
Has been used fnr over FIFTY YRAHS by
MILLIONS of MOTH HUH for their CHIL
DHHN WIIILK THF.iillNO, with PEH
FUUT Bl'CCHSS. IT HOOTHUS the CHILD.
SOFTKNS the tlFMS, ALLAYS all PAIN.
CCHICS WIND COLIC, and is the best rem
edy tor DIAllMIOHA. Sold by Druggists In
overy part of tho world. Ho sure nnd ask
for "Mrs, Wlnslow'rt Soothing Syrup," anil
tako no other kind, Twenty-live cents a
bottle.
Jf I had Grip I would
use Dr. Miles' Paiu Pills
and Dr. Miles' Nervine.
Sold at nil Druggists.
NO CURE, NO PAV
If you haro until, wmk ore t,
InKt tinw-p nr IVI It nt,l, . itr
our Vacuum Otvan Ve tlnpor will
nitorn you without ilniife or
eliTtrlrltvt SA.000 In uhoi nut mm
ratlunn nut enu trturniifi no C II p fraud i write for
pirtleulnrK. rnt m-iumI lu plnln envelope.
10CAL APPLIANCE CO., 414 Charles Blif Denver, Cola
'- I Bt,"n7'7I
;iCt'KJ..- all Kidne)
Ktdneycura.
ache, eta. At 1ruc
IsU. or by mail.
I Freo book, ad
l00, etc., ot Dr. U. J. Kay, Suru'oca, N. Y.
COLD
CURE
Kuril
men
If You Wish
good reliable dental work at mod
erate prices we can please yon.
Oar methods are the most improv
ed our prices so low they will
surprise you.
. ..Telephone 11-5,
l A. Woodbury, D. D. Council Bluffs.
Pearl St. "Grand Hotel