NEWS OF INTEREST FROM IOWA.
COUNCIL
MlftOn MENTION.
Davis sells drugs.
8tnckrt Bells carpets and rut
Met beet at Neumayer'a hotel.
Ons nxturcs and globes. Dtxby & Sob.
Wollmtn, s"lentine optician. 400 Broadway.
Perry pictures for snlc. C. E. Alexander
& Co., :ui nroadway.
:)i!l C. Morgan, the druggist, H3 Broad
way, rells thu tOMt paints.
Missouri oak body wood, $5.r0 cord. Wm.
Welch. 23 N. Main st. Tel. 12.
Mlfm Jessie P. Hastings of 'Missouri ; Val
ley Is guest of Mies I'llo of the city schools.
Miss Kmma Thomas of Pigeon. In., 1
guest of Miss Doru Bpnro of South hlghln
"treat. , ,
Misses Kitty Ilullnrd nnd Bessie CJrlswo d
arc homo from a three months visit In
California.
Itadlunt Mnmn stove, gunranteod not to
crack. Sold by Petersen it Schoenlng, Mcr
rlam block.
Tho Associated Charities will meet Wed-net-day
afternoon In tho Uroadwny Metho
dist church.
Mrs. II. A. Messmore of Fourth street Is
entertaining her mother, Mrs. C. B. David
son of Madrid, la.
Mrs. N. Hunt of North Sixth street Is
homo from a month h visit with relatives
and friends In Moberly, Mo.
Postmaster nnd Mrs. I. M. Treynor arc
hemo from Boston, whom Mr. Treynor at
tended the nntlonal meeting of the Hoyul
Arcanum.
Petersen & Schoenlng, Mcrrlam block,
have tho most complete line of Hot Blast
stoves In tho city and at prlcea that will
Htirprlso you.
Chamber?' dancing neademy. Iloval Ar-
mnmn hnll TneiirfnVB nnd FrldaVS. adults.
',M p. rr..: children, 4 p. m. Assemblies for
adults Fridays. l:W p. m.
Miss Mary Wallace, who has been visit
ing her mother. Mrs. Wallace of Mill street,
returned yesterday to Hamburg to resumo
her dutlea km teacher In the High school.
K. K. Cox has gono to New York to at
tend the wedding of Mrs. Cox's sister Wed
nesday. He will bo Joined In Chicago by
Mrs, Cox, who Iiuh been visiting friends,
8. M. Dnwnoas of Portsmouth, la., who
was brought to tho Woman's Christian as
sociation hospital Saturday, underwent a
scvoro operation yesterday. His condition
last evening was reported favorable.
Carl Pryor Is suffering from a, broken arm
caused by stumbling Thursday night over a
bench which had been placed across a side
walk as a Hallowe'en Joks by some. boys.
Mr. Pryor hoi been suffering from a sovcro
Injury to his Unco several months und only
recently discarded crutches.
N. Y. Plumbing ,C., telephone 150.
DEATHS IN COUNCIL BLUFFS
William J. .Inmenon and Conrfaon A.
Heed Doth Victim of
Urlictit' fllseusp.
William J. Jameson died last night at
his borne, 720 First avenue, of Brlght's
disease. He leaves a wife, two sons and
two daughters.
Congdon A. Itcod, assistant cashier at
tho Union Pacific transfer depot, died of
Brlght's disease last night at his home,
622 South Sovcnth street.
Threo nice unfurnished rooun for light
housekeeping. Apply to Mrs. C. A. Cooke,
109 Scott street.
Khellliorn Dlcn'frum Ilia Wound.
Ernest Shellborn, the young man who
suffered the amputation of his left arm at
the Woman's Christian Association hospital
as the result of a shooting accident whllo
hunting at Lake Manawa Thursday after
noon, failed to rally from the operation
and died yesterday morning at 10 o'clock.
Tho oporatlon was resorted to as a last
resource but the young roan's weakened
condition from tho great loss of blood be
fore medical assistance could reach biro at
tho lake rendered his sutvlvlng doubtful.
He was 19 years of age, son of George A.
Shellhorn, 1512 Sixth nvmue, a fireman In
tho employ of tho Union Pacific railroad.
City Council Tonight.
Tho monthly session of tho city council
Is slated for tonight, but It being tho eve
cf election It Is doubtful If tho aldermen
wilt transact any business beyond passing
on the salary rolls and tho bills for tho
previous month.
THIUII2'2 A FEAST POH TUB KYE
on every table decked out with chaste and
daintily designed silver and other ware ob
tainable at Leffcrt's. Everything that art
or mechanical Ingenuity can devlso and
manufacture In knives, forks, spoons, etc.,
In solid stiver or solid quadruple plate,
lasting for years, Is here In pleasing va
riety. Wo sell the celebrated "1847" brand
of plated waro and guarantee Us durability
auj excellence.
HERMAN M. LEFFERT
Optician, Jowelcr nnd Engraver,
IMS Broadway. Opposite Qlen Avcnuo,
Council Bluffs, Iowa.
nm-
Vti fr thm wt hnao ahat'i !
Woodward's
Ganymede Chocolates
sjlOpera Bon Bons
Mad By
John 6. Woodward & Co.
Tha Candy Ma."
Council Blufta - - Iowa.
LEWIS CUTLER
Funeral Director
ibuccvMor to tv. u. tfatt?)
ga PttAHL ftTNKUT. 'Ifaaa Wf.
FARM LOANS 6oHf
Naiotlaud In Kaatarn NebraJita
fSPJVK ''SUfHtff'mftS?
" M' Bt - Cowc
FOR UPHO) STcRINB
RmiIHrb. Mil.
mm Haa
raathtr sontts rOitlater Telt MttrN
Iowa Steam Dye Works
304 Broadway, Council Bluffs.
Make yout old clothes look like new,
CLUAN1NQ, DYE1NQ and REPAIRING.
Phone A621.
BLUFFS.
SURE OF POTTAWATTAMIE
Gbftlrau Wright Fignrn Handiomt
Plurality for Rapubllcint.
REGISTRATION INDICATES A LARGE VOTE
Democrats Bnae Their Hopes on Pro
fessor Sawyer, Their Candidate for
Comity Superintendent of
Mchool.
"Everything looks bright for a sweeping
republican victory and the election of the
republican county ticket from top to bot
tom In Pottawattamie county Tuoday," wns
the statement made yesterday by George
S. Wright, chairman of the republican
county central committee. He said ha
based this stutomcnt on n careful poll of
tho i ounty and the reports of tho precinct
committeemen. Harry M. Brown, chairman
of tho republican city central committee,
said tho entire republican ticket In the city
would receive a hnndsomo plurality.
Tho campaign this year has been an un
usual one and except for the two meeting
In the opera house here, nt which Speaker
Henderson and Hon. A. B. Cummins spoke,
there has been practically nothing to Indi
cate that a political campaign was In prog
ress. It Is conceded to have been the quiet
est campaign on record, but despite this
a full voto Is expected tomorrow. Whllo
thero has been a notlceablo absenco of any
thing approaching excitement In the cam
paign, tho candidates on the two tickets
have not been Idle. Tholr work has chiefly
been on the still hunt order. If anything,
the candidates on the democratic ticket
have been the more aggressive. This Is
accounted tor by the fact that most of the
nominees on the republican ticket are at
present Incumbents of the offices to which
they seek to bo elected, and the duties of
their several positions have prevented thom
from giving the time to campaigning that
the democratic candidates have.
Poor Yenr for Ward Politicians.
This campaign has proved a poor harvest
for the ward or precinct politician, who
usually controls, according to his own
statements, a number of votes. Tho candi
dates havo not been spending money, hence
the ward heelers havo not had as good a
time as usual. That this Is tho case wn
fully emphasized a few days ago, whun
one of their number, who was bewailing
his lot, asked Chief of Pollco Albro If he
had all tho candidates In Jail. "By Jove,"
ho said, "you must either havo them In
Jail, or elso they must have taken to the
woods, as up to date I havo not 'seen' a
single candidate." The man laid special
strers on tho 'seen.'
The campaign has been clean on both
sides and no dirt slinging has been ro
sortcd to by cither party. Tho fight, such
as has been roado, has been conducted on
purely political grounds and objectionable
personalities have been strictly avoided.
Chairman Wright of tho republican
county central committee estimates that
the county ticket will bo elected by 300 to
600 in the county and by 500 to 800 In the
city. The voto. Judging from the registra
tion of new voters, will be, In his opinion,
as largo as last ,year. Tho state ticket, he
estimates, will bo carried by 1,200 to 1,300
plurality In the county and he figures Mr.
Cumrolnh will rccclvo tho largest voto In
Pottawattamie county ever given a candi
date for governor.
Majorities a Yenr Ago.
Last year Pottawattamie county gave
President McKlnley 6,525 votes, as against
5,373 for Bryan, making McKlnley's plu
rality 1,152. In 1900 Shaw's voto for gov
ernor was 5,247, as against White's 4,378.
Shaw's plurality In Pottawattamlo thus was
869, but as It la expected that the vote
will be as largo as last year there appears
to be nothing to prevent Mr. Cummins from
obtaining as big a plurality us McKlnley
did.
Brooks Reed, chairman of tho democratic
county cnntral committee, claims to be
sanguine of the victory of his party's county
ticket and oven goes so far as to estimate
that It will carry by 500 to 600 In the city
and 400 to 600 In tho county. Prof. Saw.
yer, democratic candidate for county su
perintendent, seems to be the one on whom
the party Is building Its hope. Chairman
Reed said yesterday It would not surprise
him at all If Sawyer wns elected by 1,000
over O. J McManus, tha republican nomi
nee. Piof, Sawyer has spent tho last two
months campaigning lu the county.
Alderman Billy Boycr, chairman of the
democratic city central committee, Is not
as sanguine as Chairman Reed, althoUgh
ho says he looks for a democratic victory
Tuesday, He places his figures somewhat
lower than Reed and says the democratic,
ticket will be elected In the city by 150
and In the county by about the samo num
ber. Chairman Boycr figures that Jttdgo
Aylcsworth has practically a walkaway for
rc-elect'on as Judge ot the superior court
and will win out with 300 votes to spare.
Four years ago Judgo Aylcsworth defeated
N. M. Pusoy, republican candidate, by 360
Totes. Tho vote on Judge, of the superior
court Is confined to Kane township, which
Includes Council Bluffs.
Davti sella glsaa-
BEGINS PAVING THIS MORNING
Contractor Wlokham Haya He Will
Follow Instruction ut City
Council.
Contractor Wlckham said yesterday that
In compllanco wth the orders ot tho city
council be would begin work on the Har
rison street paving thU morning and that
a force of men would be put at work tear
ing up the old cedar blocks. Mr. Wlckham
wculd not commit himself as to whethor
thero waa a sufficient supply of homc-mado
brick on hand .to pave this street with. He
said: "It will be paved, whether I have to
get maiorlal elsewhere or not,"
Now that the bad weather has set In the
prospects for any paving In tho Fourth
ward this year are slight. Fifth avcnuo
and Eighth street between Broadway and
First avenuo are nearly a foot deep In
water from curb to curb and even If Wlck
ham had a supply of Oalesburg brick here,
which ho. has not, ho would not be able
to do any paving. The residents on the
streets ordered paved In this ward havu
Dut road' "P tnclr mlnl5s that for the
winter they will be compolled to put up
wl,n no muunoien lu iruuv ut iuii uui-
erty.
On North Seventh street, which is to be
paved with Des Molnea brick for top courso
and Council Bluffs bottom tier, the city
la laying a sower from Broadway to tho
Indian creek bridge and until this ditch
settles there can bo no paving laid on this
portion of the street.
It Is generally conceded that thero will
be little more paving done thla year. At-
THE OMAHA DAILY Ji.E E: 3IOM)AY, OVJbMBEU 1, 1801.
t dcrmnn McDonald Is said to be in receipt
of a letter from tho Turlngton Brick com
pany of Oalesburg regarding Its delay Id
furnishing tho material for tho paving In
tho Fourth ward. The letter Is said to
corroborate Wlckham'a statement that tho
plant has been forced to shut down on ac
count of lack of water.
If tho weather does not Intnrfcro Wlck
hara expects to complete the paving of Glen
avenue this week, tho work on which has
been delayed for want of brick.
Gravol roofing. A. 11. Read, 541 Broadway.
GREAT WESTERN WANTS TO BUY
Would Take Possession of Union
Depot Site anil Driving Park
Property.
The Great Western has offered tho com
pany of business men who own threo blocka
on Ninth sterol, originally bought for n
union depot, $18,000 for tho property. A
majority ot tho company Is willing to ac
cept this price, but two of tho members
nro holding out for $20,000 nnd say If the
railroad does not meet this figure within
a short time they will decline to accept
anything less than $25,000. At $18,000 tho
mombera of tho company would not get
back tho amount originally Invested by
thom twelve or more years ngo.
While the local stockholders havo not
been officially Informed ot tho Great West
ern's making an offer to purchase tho
Driving park property, U Is' understood
on this side of tho river that negotiation
havo boon cntcrod Into by the railroad
with Senator Millard and other stockhold
ers In Omaha. Tho Driving park for a
number ot years has not been a paying In
vestment and tho company would bo willing
to sell It It It con get anything Uko,a
reasonable, price. This Is the statement
made by ono ot tho stockholders In thla
city.
Davis sells paint.
Reception of Woman'! Clnb.
The general reception of tho Council
Bluffs Woman's club for November will bo
Friday afternoon at tho home ot Mrs. R
H. Bloomer, 717 South Eighth street. Tho
members ot the art department will bo
hostesses.
Tho board meeting of tho club will bo
Friday afternoon, having been postponed
from last week on account ot tho South-
western Iowa Tcachew' association meet 1
Ins. I
The art
art department of tho club will meet
. , ,. ,,, . .....v, I
at 7:45 in tho club rooms, with
. P. Davis as leader. Rubens will 1
tonight
Mrs. J,
be the painter discussed.
The best bargains In tho paper nre on
tho want ad page. Don't miss them.
Wedding; of Mix Tlioll.
A cablegram received by hor parents, Mr.
and Mrs. Potcr Tholl, announces tho mar
rlago of Miss Elizabeth Tholl at Shanghai,
China, to John W. Nolan, formerly of this
city. The groom went to tho Orient with
Major Gallagher In tho government com
missary department, but recently entered
tho employ of a largo mining company In
China. Miss Tholl left Council Bluffs In
October and the wedding took place on her
arrival In China. Mr. nnd Mrs. Nolan will
make their home In Shanghai.
Snowdrift" nt Wetmter City.
WEBSTER CITV, la., Nov. 3. (Special
Telegram.) The first snowstorm of tho
season visited this section of Iowa early
this morning. All Saturday night tho wind
blew In blizzard style. Threo Inches of
snow fell and drifted. Farmers aro til pro
pared and hopo winter has not yet set In.
Prank Matthew I)le of Suootlnu-.
SIOUX CITY. Ia Nov. 3. Frank Mat
thews, who wa3 shot Tuesday nigh'., died
today. Matthews' death adds to tho mys
tery which surrounds the shooting. Ono
man Is under arrest charged with the crlmo.
WHIMS OF A l.OCOMOTIVK.
Story of One that Bucked nnd Escaped
the Scrap Pile.
"A man who follow our hazardous call
ing," said the fnt engineer to n New York
Sun mnn, "never knows what tho future
has In store for him nnd some hard and
obnoxious task which Is set for him by his
superiors may be the menus of saving his
life.
"Charley Bryant and I started runnlne a
locomotive on thin line about thu snmo
time, and, naturally, there was consider
able friendly rivalry between us. Ono
night, In the latter part of December. 1SS0,
1 was called to tako nut a special meat ex
press nnd Bryant was marked for tho
pickup, a nlow, tedtouH Job. I chnffed hltn
about this nnd lie replied that although ho
did have tho pickup, the pilot of his en
gine would trail my caboose all the way
in.
"After No. 13 went out, we dusted right
out, nnd then my troubles began. The
106 wouldn't steam worth a continental,
nnd wo were laying that meat trnln out In
tine stylo. I began to hnul tho ftrcmnn
over, but he shut me up with tho remark
that he didn't sign any papers to keep h
lire under th Hudson river when he hired
out with the company, Tho brakoman
then discovered It was up to him to como
on the cnglno and give us points on how
to bundle things.
" 'Why, say.' said one of them, 'the
water Is comln out of the stack like a
regular cloudburst. What do you think
this Is you're runnln', n water motor7'
If It only wus it hot air motor now,'
I got buck at li'm 'vnn tvnnhi riirniui.
enough of that urtlclo to tnko us In to
urirry Willi UCIIS on
"At thlr ho left tho cab In Indignation nnd
!'.A".Jh,2 tlme we weren't doing a thing
with tno fresh meat for tho New Yorkers'
nriil Ulll Ull lull.
breakfasts and Chnrley Bryant, trtio to his
vu Keeping nis cowc.ttcner pretty
Close to our caboose nnd wru mm,, .in, l
ttwhlle would give two Impatient blasts on
his whistle ns a signal for mo to hurry my
H.Mi,,ci ,ti,u rui in i ui ins way,
"Ftnnlly the train illsnntehr.r n,,v mm
tern In his hands and when we nnlinH im at
Cheechunk wnter tank there was a messago
.. ,viii:ii tuiiimiieii me pieaam in
formation that 1 with engine I9ii wna to
take tho pickup und that Charley Bryant
WfiB tO SUCCecd nit on the mn trnln .,111,
his engine.
"Well, maybo Charley didn't give me tho
laugh when ho caino .along. I envo him
the frosty taro nnd with much clatter and
banc I backed the irfi nntn H ..loL-,,.,
Then, as If she had accomplished her pur
pose In taking n 'ew notches out of my
conceit, tho old hog begun to work like it
oharm. But It was too late, tho mischief
was done, and, looking nhead, two miles
down tho track I could see tha tnll light of
tno form fxircsa, unnciug merruy onwnrd,
with Chnrley Bryant on the front end,
not I. '
"We got all yortH of a hard deal on the
P.leh up that night, nnd finally about day
light pulled on u aiding to lay about four
hours and let a wholo bunch of tho com
muters' express trains pass us. I thouvht I
w-ould go down Into the tolecraph o'.ne
there and pass uway a few mlnuts ta'U'jig
with the operator nnd find out what kind of
a hustle Charley was putting up with tho
meat train. Pretty roon my fireman
opened the door and walked In. Qlano'ng
wearily at his watch, he remarked:
" 'If It hadn't been for thnt darned sulk!
ness of the old 1M, you nnd I would have
been pounding our enr In our bunk In
Jersey by this time,'
"But ho had barely finished speaking
when tho telegraph operator, holdln? up
h wnrnlng hnnd for u to keop silent, boean
reading from the wire. 'There's bei it
bad accident.' he raid. 'Second sect'on Nn
", meat express, engine 210, Charles Brvnnt
engineer, ran off n broken rnll south of
Millers Siding. Engineer firynnt nnd his
fireman Instantly killed! burled brnath
their engine'
, "I have had things nffect me. but noth'nw
ever quite cquulcd the sensation cau'.cd
by the operator's announcement, if wo
had continued the trip with the ment trnln
my Ilremnn nnd I, Instead of nlecplng In
our blinks lu Jersey, would havo bren
deud."
PARALLEL RAILROAD ROUTE
Tw r Mot OomratiM Enwred in Eur-
i i j- r. . I
vejing jiauison uunmj,
RIVAL TO DES MOINES & SOUTHERN
IlurlliiKton .Mny He Milk Iim Kttennloit
C'o'nBreitnf IoiiiiI Prcnelirr .IiiIiih
Another Church I'rlxea
for Stock Jtulament.
(From n. Start Correspondent,)
DES MOINES, In., Nov. 3. (Special.)
The success of (he promoters ot the Djs
Molncs & Southern railroad lu Madison nnd
Southern railroad In Madison nnd
atles In securing-right-of-way nnd
a ai.-iA.t ,m , i !,.., ,
,s started up a rev.val of Intcrcjt
Adnlr coun
tax aid has
In other extensions of ntllroadu Into tha
same territory, it Is well known that thi
., .... .... .
lies Monien soutnern ims ma o nirange-
locum nun tno unicngo vircat western tor
operating wnen completed. its plan Is to
run from n point on tho Great Western In
Warren county west to Wlntcrsct nnl
Greonfleld. Tax aid has been voted In
Wlntetsct, Greenfield nnd a number of othor
townships.
The Promoters hnvo been busv nnd hnvn
been succcsful in nil thev havo asked tar
they have been neglected too lcnx. But
the last week a large party of turvyora
i,,ri,i r,i.i fr, ik . .'.,
started out from .Norwallt, in Warran
county, on tho lino of the Keokuk & West-
cm railroad, and nro engaged In running n
new line westward In'o Madison corn.
n,n .,ur iin n, ,u .,.. .1.,.. , I
The new line follows tho North rlvrr nl
will practically parallel the lino eu.v y d
for tho Dcs Moines & Southern.
iviiaiiini- it la n ...i,,.! m 1, ,, .i I ,
Whether It Is a project of the Burlington
to build Into tho same tcrrltcry nnd mtk-
a connection with Its lines In Adair county,
nr n nrntnnl nf V. Iloa lr,ln. ll,',.rhn
or n project of the Des Moin0s lntorurban
Llectrlc system Is not known. Tho l.no
starts but n few miles from the new army
post south of Des Momes to which tho DJ8
Moines electric lines will bo built nrxt
summer. Tne company has recently lcr- I
rowed a large sum of money with which to
make extensions Into surrounding terri
tory. CliniiKCH Ills Creed.
An Interesting ceremony was performed
, In the Central Ohrlstlun church In Dcs
MolneB, being the tho baptism of Rov. E.
II. II. Holmnn ot Stuart and his wife. Rev.
Mr. Holman has been a clergyman of tho
,, , . . "'. "
Congregational church for about ten years
and for four years' was In cunrge of a good
I congregation In Sioux City. Later ho en-
I 7 . .
Later hn en.
i -...i T .i .
d particular nt-
becomlnc n fn-
buslu ,u ici-iuiiiik i"i puriicmar at-
tcuiion to laoor promems, necoming a fa-
vorlto with labor unions.
He hnrt horn in
Vm,? . l ....
church at Stuart
chargo'of a Congregational
for several yenrs, but recently resigned,
closed up his pastorate and aBked to unite
...itv. .1 ........ i U i
ntiu Riiu.urj ucuuiiiiuniigii U1IU nuD ml- I
"""" u? niu ,uui, v.
Dr. Brceden. Ho Is now seeking a church.
In tho meantime Rev. Mr. Holman is en
gaged In writing a book on tho labor prob
lem. He Is regarded ns u man of great
forco In Iowa church circles.
Fish Planting; Xenrly Completed.
State Fish Commissioner Lincoln has
nearly completed the annual fall distribu
tion of fish to Interior Iowa streams. Ho.
has placed carload lots ot fish seined from
the MlssIsslpDl""bayous' In tho rivers at
Ottumwn. Perry, torn ng, Wa Lake. Storm
i , .,.. i,,j. ,
Lako, Clear Itke and Elkador. The fish
arc malnlv vnunc nnpR hut nmnnir llmm
are manv thnt nre several venr old nml
... , ,. , . "
nblo to enre for themselves. In all he
will place about twenty carload lots, which
will bo the best stooklmr of tho Iowa
streams ever attempted.
Doctor Will He Army C'nptnln.
Friends in Iowa hnve received Informa
tion that Dr. Harry J. Watson, formerly a
resident oi uuumwn, wno is now a sur
geon In tho United States army serving
In tho Philippines, has been rccommendod
for a captaincy In tho regular nrmy nnd
will bo given n company of well-drilled
soldiers. Ho has written that ho will nc'
ccpt tho position aud that ho desires to
remain In tho Philippines.
Going; After Prise.
Students of the lown Agricultural col
lege aro preparing to cngago In tho annual
stock Judging contest at tho International
live stock exposition In Chicago In Decern
ber The student nf Ihn ntilmnl hnuhtmlrv
Ler. i no students of tno auiraal husbandry
department entered tho competition last
year, but mado a poor showing. Tho II-
llnnls nimlentn enrrlnil nir m.ii nf h
llnois students carried off most of the
prizes, Including tho Spoor trophy, valued
at $i00, Rosa Bonheur's model of nn ox.
Tho competition In open to students ot tho
various agricultural colleges In tho mid
land region, nnd asldo from the trophy men
tioned thero aro a number of cash prizes.
Iowa students are confldonf. ot securing
somo of these prizes this yenr, as tho class
at Amen Is considered superior to any of
other years.
Workmen Must Pay Policy,
The grand lodge, Ancient Order of United
Workmen of Iowa, has been engaged In
Important litigation at Dubuque. Involving
tho rights ot tho' order nnd rules regard
ing tho occupation of persons Insured. It
Is a rule ot tho order that no person en
gaged in tho liquor business shall be a
member or have any benetlta from mem
bership, Henry Hllderand applied for ad
mission In ono of tho lodges and was re
jected because ho wns u bartender. Ho
thcu applied for admission In another lodgo
of tho samo city and was accepted, giving
his occupation us n clerk. On his death
the grand lodgo refused to pay the Insur
ance policy, but n Jury rendered n verdict
against tho grand lodge, holding that inas
much as ho hnd been accepted by tho Work
men his policy could not be contested. The
grand lodgo will appeal tha case.
SUPREME COURT SYLLABI.
No. SS15. South Omaha Waterworks Com-
pany against Vocnsck. Krror from Doug
las. Affirmed. Commissioner's opinion.
Department No, 1. Hustings. C. Reported
1. Uvldence that deceased, n lad of 17
yenrs, knew that n guywlrn of an electric
light post carried nn electric current nnd
that ho voluntnrlly laid hi hands upon .t
after being told by a younger companion
to watcli out and get away noes not con
I'liiRivciv ehinhliMli . ontriuuiory ueKllKceu-.
whero t also nppears that tho curront had
been running over this guywlre for Be.ver.tl
dnys, with notlco to defendant, und that
tho wire hud been handled, pulled nnd
Khnken freouentiv by various lurtten dur
ing thnt time und a few minutes prev'.rjsiy
to the. fatal occurrunco by deceased und by
others in nis pretence wimout narm.
'. instructions to the effect that It such a
lad, knowing such a guywlre wus carrying
an electric current, voluntarily took thu
wlr.t In h a hands. Ills do ne so was mien
negligence an precluded nny recovery for
Ills acnm iroin tne uci, iieiu, iroperiy re
f iirtcrl.
3. Where there wn proof tending to show
that the next-of-kin, the fnther. wnu re
ceiving from him pecunlury assistance In
Hiiiinortlnc the mother and brother nnd
sisters of decensed, not error to admit
proof of the existence or sucn rointlvcs.
No. 11030. Union Htnto Bank ngalnst Hjt-
ton. Krror from Clay, Affirmed. Sullivan,
.1. Hetiorted.
1. The Jury Is bound to glvo lu verdict In
obedience to tno instruction!, ui uie court.
l. An Instruction which Is nolthcr com
plained of In tho motion for a now tilal,
nor designed for error In this court, Is tha
law of tho case.
n. In order to estop n party uy mere
sllcnco It must nrpeur tr.it tlio person
claiming tho benefit of tho estoppel was
Ignorant of the rights of the parly ngnlnst
whom tno estotmei is iincgrn,
No. 190. Ptumnier ngnliiKt Pnrk. Appeal
from Hurt. Reversed and remanded, Bui-
llvnn. .1. Reported.
1, Where mere urn no crcuuors oi an
pittite nnd the holm nro competneut to,
nnd do, consent to the transfer by tho ad
ministrator ot a mortgage belonging to tho
estate, to one of the heirs In par .-ntlsfnc-ilnn
ii f lit nhnrn of tlm estate, nnd such
transfer l nfterwnrd rut I Mod by tho court
i. whii.li flirt ptilnfn li hnlnir mimlnlstered.
in
such ratification relates back to tho trims-
fT and Is equivalent to a prior nuthoriz.i-
null iiini nit..,, ,iv,. ui .. . "o' - '
sue in his own tiamo to foreclose thu mort
wl .ii.h lial. n. i(u fiau irrifiA. mill
gage.
tit n suit to foreclose n real estate
mortgago tbe nllegntton that no action at
law has been brought to recover the mort
gago debt must uo proven u it is not nu
nil fori .
a. A xilnnl.itliin 111 a morteace authorizing
the mortgagee to acccicraic inn mnmriiy oi
the mortgage uoui n me mxrs on mc mort
gaged premises uru not pum ni or ociorc
iim limn thev becomo del nntient. Is not
forbidden by statute, nor contrary to public
willrv nnrl mnv bo enforced.
1. And the payment of such delinquent
taxes after tne commencement or nn action
in fnrncioae ine rnoriKaco uoen nut iiciirivu
tho mortgagee of the right secured by tho
exercise of his option.
., 'iim nme term, but not on tho same day.
Is not reversible rror If the rights pf the
Is not reversible rror ir tne rigiiis or tno
HtlBunta havo been correctcly te erm ncd.
No. 10191 Racck ngnlnst First National
nn,j of Norlh lIcmli Krror fronl suuikIcm.
Aiiim. Knlllvnn. .1. itcnortcd.
1. Under section H. chapter xxxll, Com
niin.i mmiitcn of 1899. conveyances and as
made. to defraud creditors nro
,lot void generally, but only as against per
sons dcirnuiieo
A niihiutiuriit creditor cannot succcs..
fully nssnll n fraudulent transfer of prop
erty without showing that lu Iihh be n
uctunlly defrauded thereby.
3. All transfers of property made In trust
for the uso of tho person making the satr.n
nre void as against existing and subsequent
rrpilllnrs nf the. transferrer.
The release of n, homestead right Is n
nn equal division of tho money derived from
a sale of the family homostcad.
5. An Intervcnor who claims a fund In
,nspute t'etweon tho iilalntlff nnd de f. ndaut,
must, If his claim is adverse to both 'lis
original parties, establish his right by a
P'ejwndcrpnco of the evidence.
10206. Stevens et nl ngnlnst Burnhnm ct
nI Appeal from Cueter. Reversed and re
mnnded. Sullivan, J. Reported,
! A tenant cannot, without the author ty
or consent of his landlord, charge the
lcaBea ,)remircs with a lien for mnfrl.il
used in the construction of n building
thereon.
2. In the IlbilenCO of CVldellCU showing
tmU ,, bu,(,nR was n,,t permanently
annexed to tho soil, or thnt It was In-
tended ns n mere agricultural fixture. It
riMOs,ub,J0ec,tre;.ttl " ,VeS ,r,i,a;a,v'orP,o,rPC,rhJ;
person furnishing the material used in iln
construction.
.i. i lie rmni oi it teimni or oi tiiosc ciii'iu
ing through or under him to remove a tr.ido
or agricultural uxture rrom tne icascu
premises expires with tho tenancy.
102C9. Marseilles Manufacturing comnnny
against Perry Krror from Clay. Affirmed.
Bedgwirx, u. iteporieu.
1. A mortgagor of chntteta can wnlve tho
bcnellt ot the provisions ot the statute
relating to foreclosures.
. xne provisions or a cnaiiei mortgago
it!11 lno mVgngVr may. upon default, tnko
tho property and sell tho same at public
,,r private sale are valid, but under auch
provisions the mortgagee has no right to
nc possession oi tno property, except tor
tho purpose of foreclosure, and If he tukeu
tho property and holds the same longer
than Is rensonnblv necessary for that nur.
PC possession of tho property, except for
tho purpose of foreclosure, and If he tukeu
the property and holds the same longer
than is rensonauiy necessary for that pur
poso ho will bo held to havu elected to
tnko the property, so far n8 Its vnluo will
B0( i sntisfnctlon of his clnlm, nnd If
tho vnluo Is greater thnn tho nmouiit of his
claim, ho holds tho surplus ror tho mort
gagor.
n-1. ... 1m . . , . t t r,,.
ngnlnst Pratt. Error from Sal ne. Af
firmed. Holcomb, J. Reported
I. Forfeiture nre, not favored nnd In con
tracts of Insurance n construction resulting
in a loss of tho indemnity ror which tne
insured hns contracted will be adopted
except to give, effect to the obvious Inten
tion ot tho parties. Phcnlx Insurance com
nanv ncalnst Holcomb. F7 Neb.. 623.
2. In construing condition.) In a policy of
Insurance, to bo complied with subsequent
to nn event resulting In Ions or Injury for
wnicu indemnity is claimed, wun respeei
to tho clvlnc of notice of tho Iohk or Injury
mid nrellmlunrv nroofn thereof, a more
liberal conntructlon will bo given In favor
ot ,h. beneficiary than when tho conditions
"ro to bo compiled with prior to loss or
irfjury for the purpose of continuing tho
nnllev In fnren nnil plteet.
3. Provisions US to. time In wleh the'
notice Is required to be given of a loss or
inlurv for which Indemnity Is claimed are
not. necessarily and In every Instance to be
literally compiled within order to prevent
a forfeiture of the nollev
4. a reasontiDie ana natural construction
will bo given such provision in order to
carry out tne evident intention unu mani
fest nurnosn of the nartlcs to tho contr.tct
and I lie. ablpct to be accomnllshed thereby.
fa. wnen a time is uxea in a policy nt
accident insurance for the giving of the
notlco of an accident nnd Injury resulting
therefrom for which Indemnity is clnlmed.
witn tno pnrticuiurs tnereoi, wnicn is
reasonable In Its character. Oils' will ordi
narily be regarded oh a condition precedent
to tie compueti witn Deiore a recovery can
be had.
6. But when because, of circumstances and
conditions surrounding the transaction, ob
stacles or causes exist preventing and
rendering Impossible tho performance of the
act within the time stipulated the act may
be performed thereafter and the benetlclnry
win no exeuHca mr tno rauure. none
within a reasonable, time or within the
tlmo stlnulated after the obstaclo or caur.o
preventing prior compliance censes to exist.
Tho question of Whether the excuse cf.
ferefI , reasonableness of the time
in which tho net Is nerformed to be de-
termlned according to the nature nnd clr-
cumstauces of each Individual case, the
neenrlury In all cases being required to
act with diligence nnd without laches on his
pnrt
Where a person suffered a fall by ac.
cldent resulting In a concussion of the
brnln. which dcranecd nnd crazed his mind
so thnt he could not Intelligently glvo the
notice nnu requirea inrormaiion regaraing
tne accident ana injury witn n tne t me
stipulated, this fact excuses him In law
rrom compliance wun tne connnions or tne
policy lu that regard, during the time cf
tho existence of tne disability.
8. Evidence examined nnd found sufficient
to support the finding of the Jury.
103S3. Mullally against Dingman. Krror
trom Harlan. Affirmed. Holcomb, J, Re
ported.
i. w.ucstions or inct uctcrmineu upon
fairly conflicting cvldenco by Jury will
not be examined In error proceedings In
the Bunremc court. Lvdlck ct nl nealnst
QUI et al, 57 Neb., in.
2. When money is auo and withheld by
unreasonable delay of payment Interest
may be allowed at the rate of 7 per cent
per annum, sec. 1, unap. it, uomn. mat
of 1001.
3. It Is not error, as to a defendant, In a
suit ror wneus aliened to be duo und un
paid, to charge the jury that plantlff could
recavvr uitereai un wuuiever huiii wun
found due him nt the rate of 7 pnr cent per
nnnum hIx months from the tlmo the
amount has been withheld to tho time of
tho trial.
4. when mtymcnt is nlendcd which Is rils
puted, tho burden Is on tho party pleading
payment to nrovo tho nnmo by a nrcnonder-
nnce ot tno evidence nnu it no tans to no
so or ir tno evidence on mat lsvue. is eveniv
balunced proof of puymcnt Is Insufficient
ana it is not error to so instruct tne .niry
iiooin onanist ivcssier. Appeal
irum inuyer. .wurineu. iiuicainD, J. Jto
norted.
1. When tho cvldenco Is fairly conflicting
or where the case n made by the evidence
Is such that reasonable minds might fnlrlv
uiiter ns to tne correct nnu proper conciu
hIoiih to be drawn therefrom, n Undine o
fact made by the trial court will not bo
nisturDCii on appeal.
3. Plndlncs on ouestlons of fnet hv
trim court are entitled to
the HnmA n-riiph,
and came presumption of correctnois ai n
verdict of a Jury and the rule Is the same
whether tho ense is brought to this court
on error or nppe.n ann nppnes to an eiain"
of actions. Burlington ugalnst Warner. :
Neb.. 133.
3. Kvldence examined and held sufficient
to support tno nnuing anu uccrco of th
trim court.
The Unrently Seeker.
Atlanta Constitution A Georgia dark
went out to an old field to "seek and pray.'
it was dusk, and ho knelt down and put
up a long petition that the angels would
come and minister unto him.
Preently he hrard a flnpplng as of wings
behind 111 ra and In a second ho was making
racehorse time on the home road, whero
ho Jumped Into bed and covered his hen
from sight.
Suddenly thero was a loud knocking at
the door and his startled wife cried:
"John, git up dar, fcr de Lawd sake!
Do angels you been seektn' Is come fcr
you I"
"Lo'm stay dar," was the trembling an
swer. "Tell 'em thoo' do keyhole dat I
ain't got no wing ter fly wld, en I too
heavy tcr lotol"
LONG FIGHT TILL HELP COMES
Eritiih Offer Dtiptrate Dilute Until th
rrWal Ralitf.
BENSON IS STRICKEN EARLY IN THE FRAY
Survivors Take Position Duly Hun
dred Yards front I lie my lloers
Itetrent Before Rein
forcements, PRETORIA. Nov. 3.-Further details havo
been received regarding tho attack by tho
i, , . , ...... , i
Botha last week upon Colonel Benson a I
column nonr Brakenlaagto, Eastern Trans-
vnnl It nnnenrx hn Rnnnrnl Itntlin whn I
aai. it PPfa" that General liotha, who
had been Joined by another big command'). .
aggregating 1,000 men, attacked Colonel !
,,...., ,. ,, ' v,
Benson s rear guard on tho march an
captured two guns, but was unablo to re
tain them.
Colonel Benson fell mortally wounded
early In tho fight. Major Wols-Sampson
took command, collected the convoy nnd
took up n position for defense about 100
yards from entrenchments prepared by tho
Bocra Tho raptured guns were so situated
that neither side could touch them.
Tho Boers made desi crate efforts to over
whelm tho who! British force, charging
repeatedly right up to tho British lines und
being driven back esch tlmo with heavy
loss. Tho defenio was stubbornly and
successfully maintained through the wholo
of the day and the succeeding night, until
Colonel Barter, who had marched nl) night
from Bushman's kop, brought relief on tho
morning of No ember 1.
Tho Boers then retired. Their lostes nro
estimated at 400. Colonel Benson did not
long survive. Not only did Ocnernl Botha
direct the attack as already cabled, but ho
personally shared In tho fighting..
Attack In Itnlnntorm.
LONDON, Nov. I. Tho special dispatches
from South Africa reveal practically noth
ing further about tho disaster to Colonel
Denton's column. It nppenrs that the first
attack was made In n blinding rainstorm.
Tho heaviest casualties occurred while Ma
jor Sampson, who Is a Johannesburg re
former and an officer In one of tho colonial
levies, was gathering tho convoy under tho
brow of a hill, a most difficult task. U
Is assumed In London that the two flftcen-
pounders remained In tho possession of the
British, nut the telegrams arc not clear
on this point.
Edgar Wallace, a correspondent of tho
Dally Mall, writing from Pretoria under
ate ot October 12, again protests against
fflclal optimism and declares that the war
will not be ended for another yenr. He
urges tho Immediate dispatch of Inrgo re
inforcements of both men nnd horses.
"Even whon nil thnt 's possible has been
done In this direction." ho says, "It will
be necessary to wait grimly and not to
expect any quick results."
Mob In I'ttly Humor.
A riotous scono occurred yesterday after
noon in rcckham, a sumim oi uonuon,
whero a small gathering ot the locnl branch
of tho Democratic league undertook to
hold a meeting to protest against tbo war
In South Africa. This manifestation started
In procession for tho place ot mooting, but
was hooted and hissed nnd dispersed.
Thorc wore many ugly rushes and the po
lice wore barely able to protect the strug
gling pro-Boer party from tho fury of the
mob. Tho pro-Boers wero finally removed
under pollco protection. The victorious
crowd then held a jingo meeting and sang
Rule Britannia."
Dispatches from Warsaw say that a con
tract had been ontered Into for the supply
of 10.000 horses for tho British cavalry
In South Africa.
Queen Alexandra Is sending Christmas
gifts to the troops In South Africa. For
this purpose sho has ordered tnousanas ot
briar pipes, each silver mounted nnd bear
ing the stamp of the crown and her maj
esty's monogram.
they i.ivk nv cnnin.
Half a Million Honest People nn-
pnrtrd by Offenac An;nlnt I.arr.
Not less than 100.000 of tho good citizens
nr hu hrnnri innd live bv crimes which they
do not commit, reports the Chicago Tribune.
Although among the law-abiding and often
most respected citizens of their several com
munities, they are supported entirely oy oi
fences against the law and ugalnst right.
Their living depends on tho energies of
250,000 othet persons who commit the of
fences. Wero these 230,000 suddenly to be
come upright citizens and cease to brtnK
.V. !..,. nn, nnlv Ihn 100 000. Illlt fOlir time
na many more who depend upon them would
tie tnrown out oi tneir nvciinuuu mm muni
depend upon charity for support until some
other occupation should be found for them.
If It bo truu that there Is honesty nmotig
thieves this time cannot ba an far distant n
mlgnt IK) SUpposen, tor oy me nut uiiui .;.-
bus It appears that the country Is rapidly
pproacning a time wnen un wi iiniiiuiuiiiin
hku ie mnlefactors. and therefore ncc rd-
Ing to the proverb, being honest nmom
themselves, will no longer require super
vision. In 1&80 but one out or every 3,4 s
Inhabitants was a criminal. In ISiO thieves
and other evil doern had Increased so thnt
ono out of every 1,111 innauitants servcu u
term In Jail In 1890 one out of every 7SU.5
wns Incarcerated, and the proportion has
steadily Increased, so that now It probnbly
approximates one out of every 500.
To look after these evil doers tho United
States maintains a police force estimated
at 78,000 men. costing annually more tnnn
$50,000,000 for their support. In ilfty-two of
the chief cities of tho land thero are oeer
16 000 pollco. whose mulntcnanco costs ov r
$13,000,000. In addition to these police Is a
grent nrmy of men who aro employed In, the
macninory 01 trying unu iiuiiinunih :
mils. Thero nro pollco mnglstrutes, trial
VOTE
l E. Ayleswor th
Apple Orchard
For Sale
V
153 ACRES-
Apple treos are all lu good physical condition 0 years
old nnd in full bearing.
One-half miles from Glemvood, Iowa. 'Price low.
Small payment down, balance long time.
H. W. BINDER St CO..
5 Pearl St., Council Bluffs, la.
Judges, clerks, bailiffs, Jnlter and peni
tentiary guards In nil amounting to several
thousand more. On an average ono gun til
Is required for every ten prisoners In .,all.
On Juno 1 this yenr there were upwnrd of
S5.) prltonern In J.tll In this country. This
Is taken ns n fair dally nvcrtge, so ihnt
there must hnvo been S,M guards cnrlng for
This nrmy of luO.Ooo men engaged In cntch
Ing, trying, gunrdlng nnd watching thieve
nnd othei evil doers, reckoning at the usual
rate for this country of one to n family of
five, Is the mipio't of 5 00:0 p r.ons. The
cost to the tuition In wiigis, court expenses
and support of th se men, not counting tlm
civil courts. Is not lens than JIK.POUO . All
this expense In brought upon the nntoi
through the desire of many people to break
laws. Tho expenro Is even greater than ihls
for there ne the .crlmlnnis In Jn 11 to be
fed and boused, whlih, If the nvcrng 10 t
Is but little more than $100 per criminal,
amounts to J10.COO.0CO.
If "Bill Sykos," ns the English term the
mnlefnclor, should therefore suddenly r'
form he would save the nation nil cxpeiiro
of jl3S,oi.ow nnnimiiy. in amnron 10 wnu
' he Rtenls ntul the dnmace he doe.. But whnl
a cnlatnlty he would piungo into of tno
crtnitnaln out of Jail prolubly 20.(W hnvo no
other occupation. Add ihee to the V0)
w,1 would be relensrd, nnd these again to
(he mm ,,,., fok thrown out of em-
pioymcnt nnd the nation would l.e left In
some such plight ns l wns nt the close of
the rebel on, with 200.000 men out of oin-
lUoymcnt to Do Hlj.orlio.1 Into various lltxai
ot mine, anil inene r.une iivifiiii' wnu nil
dependent upon tnem to no pensioned nnu
supported until they could Uo. cured fur.
The expense of tho pensioning nnd the
pension burrau would probably equnl tho
i,r..-,.ni imllehiir exnense for a time, but
' the problem "t caring for all the people
. nnd finding them employment would bj
grent
Sllicrlilii Itond Completed.
LONDON. Nov 4.--The Inst rails of the
lino connecting Moscow with Vlndlvostock,
according to a dispatch from St. Peters
burg to thu Dally Mall, will be laid today.
8 PICTO
Three Fast Trains Daily to California
via "The Overland Route"
Splendid Through Dining Cnr Sorvlre.
Pullman Pnlncc Sleeping Curs
Pullman Ordinary (Tourist) Cars
Buffet Smoking nnd Library Cars
Free Reclining Chair Cars
Stenm Heat, Plntscb Light
Only 58 Hours to San Francisco
from Missouri River.
City Ticket OfUce, 1324 Farnam Street,
Telephone 310.
Union Station, 10th nnd Mnrcy Streets,
Telephone 629.
mm
nnutMMK.
Rejlitered
A. Maysr Co.,
220 BEE BUILDING
OMAHA. NfcJ.
Phone I7I
Re-No-May Powder
relieve and cures all disorders of tha fat
tUia to excessive perspiration.
Price- 50 Cents.
Sold by dtuggista and glove dealers every
where Sen. by mail for 6c additional ta
cover pestagc.
Your
Fairy
Godmother
enn not nuswnr your
wishes
tjulckor titan TII13 BEB Wnnt
CollllllllH.
Everybody rends tliem. so
you nro Hiiro lo have tbe
right person neo your ad.
FOR
t
r -T
'd
1.