h-
THE OMAHA DAILY JIBE'. Fill DAY, 3sOV.EIHKTt 22, 1001.
.SUPREME COURT DECISIONS
(Text of Opinion in tit Omaha Wmr
, Compaij (Jut.
LL6AL ARRANGEMENT OF OFFICIAL BALLOT
flnttsmAnth Telephone Cniitpntiy nnd
South Omnhn-llrll of MlUittlnn
Ovtr ftrrnlrr Atncrlcn IJi
pnaltlou. (Prom a Blaff Correspondent.)
LINCOLN', Nov. 21. (Special. )-ln the
I'm of Poppleton against MooreR thn su
bremo court holds that an ordinance ex
tending from June 11, 15(10, to September 1,
HOS, the right of the Otnnha Water com
pany to exercise, Its franchise free from the
city's option to purchase, without compen
sation to the city, nnd without aubtnltsloii
of the question of such extension to h pop
talar vote, Is forbidden by section 19 of the
Omaha city charter. Further It Is declared
lhat on extension of a franchise, thouah
taado In tbe form of an ordinance, Is not
ueh an act of legislative power ns to be
jre from Interposition of the courtB by In
junction, where, such extension Is clearly
tontrary to the clly'a statutory charter and
la liable to operate to the prejudice of tax
payers and water users. The case was
ippeAted from the district court of Douglas
county. The opinion delivered by the su
preme court waa delivered by Commissioner
Stastlngs.
The queslon involved In the case Is: Has
taxpayer and water user a right to cn
Ijotn the mayor and city council from pass
ing nn ordinance postponing the city's right
"lo purchase at nn appraised valuation thn
slant of the water works company furnish
ing It water under nn exclusive franchise?
Term f the Krnnrhlac,
tly the terms of Its franchise tho water
works company of Omaha was subject, after
twenty years from June 11, 1880, to have Its
plant taken at any time by tho city upon a
Valuation to be made by three engineers,
Inn to be selected by the city, one by the
krater works company and tbeso to cboote
a third. In 18D7 a. nronosltlon was made
ty the company to furnish water for thn
(position If the city's right to purchase
were postponed to September 1, 1908. An
trdlnanco providing for tho postponement
it the original ordinance was Introduced
)n the city council and was pending for poa
iage when by tho Interposition of an In
junction Ita further consideration was pre
sented. At temporary Injunction against
lhe passage, of tho ordinance was allowed
(gainst In any wny adopting tho proposl
lion of the water works company, against
passing the ordinance or any resolution or
proposition which would to any extent em
barraes or curtail tho right of the city to
buy tho plant. At the trial of the case the
Injunction was made perpetual and tho de
pendants appealed. Tho questions raised he
torn the supremo court wore as to thn sum
felency of the allegations of the plaintiff to
Authorize tho action of thn court.
Commissioner Hastings says In the opin
ion: "It Is claimed that the proposed
taction of the city council should bo en
joined becauso It cedes away nil future
'powers of tho city, because the right to
acquire tbe water plant by exercise of em
inent domain was not reserved, because the
city was disabled from performing Its duty
of control over thn water plaut nnd Its
Ipower of purchase would ho lost, an ex
icluslvn franchlsn of great value would be
'given away, that all the belongings of the
water company were worth less than $3,
000,000, but It was proposed on the passage
'of this ordinance to Issue stock and mort
gage bonds for $10,250,000, .that there was
no compensation for the extension, that
ivater prlcea and hydrant rentals were ex
tortlonate and would be continued, that no
DPortunlty for competition waa allowed
that It waa a fraud 'upon tho taxpayers and
water consumers, that It would pass unlcBH
enjoined, that such action by tho council
Was unauthorized, would i-aiisn Irreparnblu
Injury, was fraudulent and In violation of
loctlons 19 and 135 of tho city charter, that
lucb extension of thn franchise was unlaw
ful under tho terms of aectlon 19 of the
charter, that It would prevont tho use of
the water plant nnd that tho water com
pany, If Improvements wero made under
the ordinance, would claim an estoppel
Against the city.
Violation of thn Charter.
"The Important objection to the ordi
nance itself seems to be that Ita passage
Is a palpablo violation nt the provisions
of section 19 of tbo charter. It Is not seri
ously contended that tho proposed action
waa not In violation of this provision? but
It la contended that such action, however
unauthorized, cannot be prevented by an
Injunction. It Is claimed that thn author
ity of tho city council Is legislative and
that a court of equity will not Interfere
'with It. It Is urged and numerous au
thorities cited to sustain the proposition
that the utmost that can be dono Is to en
join attempts to enforco Invalid ordinances
'and that any attompt on the part of a
court of equity to control action merely
'legislative Is without Jurisdiction.
"Where-the extension of n franchise Is
expressly prohibited, except upon condi
tion of providing an annuity for tho city
and. submitting tho question of Its exten
sion to a vote at a general or special elec
tion, It would seem that an attempt to ex
hend It without complying with such con
Mltlons would be an net entirely beyond
'tho power and Jurisdiction of tho eoun
Icll. The question as to equitable Inter
position depends simply upon whether It Is
needed, whether a more passage of an or
dinance or resolution extending n fran
chise without authority Imports such an
Injury, that without special proof of dam
age a citizen, taxpayer nnd wnter user
might hnve a remedy by Injunction,
"Where, however, as In this case, tbe
proposed action of the city's part Involves
tho entering Into or rather continuing In
contractual relations materially affecting
the Interests of citizens and Is nn exten
sion of a franchise not only unauthorized,
but forbidden by the city charter, It would
seem to warrant the trial court's Interpos
ing by Injunction. Tho upholders of the
ordinance, can hardly nrguo with consist
ency that tho proposed notion Is so en
tirely void as to need no Injunction to pre
vent Its effects. It Is, therefore, recom
mended that the Judgment of thn district
court be affirmed."
llreUInn on OMrliil llnllnt.
A written opinion by Chief Justlco Norval
ta delivered In the case of tho state ex re!
IT) France against Douglas Kryo, an action
begun before election to determine tbe ar
rangement or form of thn official ballot.
Tho court held oii.lly at the time of the
trial that It was the duly of the proper of
fleer preparing official ballots to put at
the top and left side of the ballot In black
faced cnpltal type, not less than one-
Ighth of an Inch high, tho name of each
party having candidates on the ballot, and
to the right of each party name n circle
one-halt Inch In diameter, with leaders
connecting tho party name to such circle,
Tbe decision made It porslblo to vole
straight party tickets by the marking of
a single cross at tho top of the ballot.
The law exprctsly provided for this, but
the printed schedule had thn democratic
and populist parties srnuped togethor with
n bracket, making it Impossible, If tha
schedule form was followed, to voto
straight ticket for ono set of candidates by
cither of the two parties.
Judge Norval contends that there is
, reiu4 (or ruuicut la support ot tho coa
tendon both for and against the form of
ballot as provided for In tho pt Intel sched
ule "The question Is." he says, "what
construction shall obtain, the one which
gives force and effect to the plain and ex
plicit provisions of tho statute, or the other
which mnkes the wording of tho statute
yield to tho form proscribed In schedule. It
would seem that form should glvo way to
substance. It Is manifest that the form ot
the ballot as given In tbo schedule would
be Inapproprlatn and could not bo used in
any county where tho nominees of two or
moro patties are not Identical all the way
down the line. Thus, If the people's In
dependent and democratic parties should bn
the same, except as to overseer of road
ways, and there should be no fusion on
such office, tho form of ballot laid down In
Schedule A would bo wholly Inapplicable
and could not he used. To construe the
ctatuto according to Its letter would render
the form of tho ballot uniform throughout
tho stnto and not bo so liable to confuse
the voters as if the form given In tho sched
ule should be held proper, where there ex
isted complete fusion all along the line
between two or moro political parties and
tho letter of tho atatuto control when fimlon
on nominees was n5t completed as to every
office. Every consideration demands that
tho form of tho ballot should bn tho snmo
throughout tho state. Instead of one form
In ono county and a different form In an
other county. Wo are unanimously of tho
opinion that the relator was entitled to tho
relief sought herein and the writ Is accord
ingly allowed."
I'lntlsmnnth Telephone Company.
In tho case of 'the stale ex rel the Platts
rrouth Telephone company against Judgo
Denjamln Daker, Judgment Is given declar
ing It the duty of the respondent, Judge
Daker, to fix a reasonable sum as tho
amount for which n supcrrodeas bond may
be given on an order dissolving a temporary
order of Injunction. The temporary order
was returnable before Judge Dickinson on
November 7. nnd In jrlef It enjoined tho
city of South Omaha, Mayor Kelly and
Chief of Police Mitchell and other officers
of that city from In any manner Interfering
with tho telephono business of the Plaits
mouth company, either by cutting tho wires
leased from tho Postal Telegraph company,
removing Instruments belonging to tho com
pany or prohibiting tho receiving nnd send
ing of messages over Its leased wires. It
wns contended by tho respondent that tho
writ Is a restraining order and that a modi
fication or dissolution thereof Is not such
an order as may be superseded, as In tbo
case of r. temporary Injunction.
The opinion In tho rase was written by
Judge Holcomb. It holds that whero n
temporary order of Injunction has been
granted and subsequently dissolved or mod
ified the party In whose favor tho Injunc
tion was allowed may, as a matter of right
under tho provisions f section 679 of tho
code of civil procedure, have the oinount of
a supersedeaH bond flxod and supersede the
order of dissolution or modification nnd
co.ttlnuo tbo Injunction In force until tho
order Is renewed by an appellate court and
It Is tho duty of tho trial court or Judgo
sitting nt chambers to fix the amount of
such supersedeas bond on thn entry of tho
order of dissolution or modification. A
temporary restraining order pending a
hearing on the application for n temporary
order of Injunction may bo subsequently
dissolved nnd tho party In whoeo favor it
wns allowed is not entitled to have tho or
der of dissolution superseded pending re
vlow, as In tho case of a temporary order
of Injunction.
tirentrr America Hipnultlnn.
A remnant of tho litigation arising from
thn (Ireater America exposition was among
the decisions. The case Is entitled Hortou
against the State ex rel William Ilayden
Tho proceeding was Instituted to obtain a
writ ot mandamus commanding certain of
fleers of tho exposition company to Issue
and deliver to tho relators an uncondl
tional warrant upon -the treasurer of tho
corporation for the payment to them of
$10,000. The writ was allowed and the casn
ultimately was carried to thn supremo
court, which originally held that the pro
cecdlngs bolow wore unwarranted nnd tho
writ Improvldently nllowcd. On rehearing
the court reverses the Judgment and re
mands tho cainc for further proceedings
under tho order to show cause why restitu
tion should not bo ndjudged not inconsistent
with ti)o opinion delivered, llorton Is nt
tempting to have the money refunded by
tho defendant, it oemg alleged uy mm tnat
the order of payment was rendored promn
turcly and thot the money should not have
been paid by the treasurer.
AnnoSKintriitK In fluatliiKa.
The court rules In Hatty against tho
City of Hastings, an action arising from
the assessment ot property In Hastings for
the purpose of paving Intersections, that a
cloud upon the tltlo of nn owner of real
property In possession thereof constitutes
a continuing came ot action, not accruing
once tor nil nt the creation ot the cloud,
hut available as a cause nt nil times dur
ing its existence, hence an action to re
move such cloud Is not barred by Inpse
of tlmo of tbe statutory period of limita
tion of equitable action nfter the dnto ot
Its creation. The suit was brought by
thirty-eight property owners to have tha
assessment declared Invalid, to enjoin col
lection nnd to remove clouds upon their
several titles by reason thereof. In
the council of Hastings, pursuant to a
petition purporting to be signed by tho
owners of a majority In front feet ot tho
property abutting upon certain streets, cre
ated a paving district and, nfter n proposl
tlon had been duly submitted and voted
upon and bonds Issued, proceeded, in No
vember, 1894, to assess the cost ot paving
the district against tho property abutting
on the streets therein. Judgment of tho
district court was affirmed.
.Nt-hrnakn .Viitluunl Kunrd.
Notices were distributed from the ad
jutant general's office today for a meeting
ot the Nebraska National Guard associa
tion In this city on December 10. Tho call
Is signed by Colonel C. J. mils of Fair
bury, president ot the association. Tho
meeting will be tho first one held since the
former First nnd Second regiments were
mustered Into the national sorvlco for the
wnr with Spain. In the call It Is an
nounced that the object of the meeting Is
to reorganize the association, elect new
officers nnd select delegates to tbe Inter
state National Guard association meetirrj,',
which will bo held In Washington, D. C
December IB. All officers and men of th9
Nebraska National guard are member of
the association.
Woninn' Voter In Primaries.
State Superintendent Fowler today made
the following ruling In response to the
question, "Have the women a voice at tho
primaries held In cities for tho nomination
of members of thn boards of education?":
"Section 4. subdivision 2, chapter lxxlx,
Compiled Statutes, confers upon women
having the necessary qualifications the right
to voto at nny school district meeting or
school election held In any district, villagn
or city. I am ot tho opinion that this stat
ute confers upon women possessing such
qualifications tho right to vote at primaries
held In cities for tho nomination ot boards
of education."
I.lneoln Ineiiliator Prnjei't.
Articles of Incorporation of the Only In
cubator company ot Lincoln wero recorded
In tho secretary of state's office today, The
capital stock of the company Is $30,000 and
the Incorporators are: John M. Day, I U.
Day and F. F. Fink,
Charite of Kmtiexslrmrul,
Chauncoy F. Deahl waived examination
on the charge ot embezzlement and was
J bound ovtr to the dltrlct court. Hla bsndjjrlo ot digits last Mondcy.
fixed at $1 000 was furnished by H yellgh
son. Mr. Dcaht has been the agent of tho
McCormick Harvester company nt Spraguo
and was arrested tho other day, charged
with converting to his own use about
1134.13 that should have been turned over
to the company. He denies the accusation.
Vim ntt Women' Convention.
The seventh annual convention of the
Young Women' Christian association of Ne
braska commences tomorrow In tho parlors
of the local association, 1S00 P street. De
votions, greeting and reports, with an ad
dress in tho afternoon by Mrs. O. M.
Caatcrday, will moke up the program of tho
day. Kxerclscs will last up to and Includ
ing Sunday evening.
WYM0RE WIFE SUES SALOONS
Mrs. .tanner Hrr AIIi-kpn Tlirr Hair
Wrerkeil llrr llnnhnnil Physically
anil Plnnnrlnll)-.
nEATRICR, Neb., Nov, 21. (Special Tel
egram.) What promises to be ono of tho
most sensational damage suits ever tried In
Gage county was flled tu tho district court
hero today by Mrs. Jessie Hyers of Wymore.
The suit Is for $10,000 nnd Is brought against
John Plsar and Messrs. Heeves, lloyle,
Doeckl, Sweenle, Grlmnycr and Noyes &
Woodruff, saloon keekers of Wymore, nnd
their bondsmen. In her petition Mrs. Hycr,
who also actH In behalf of her minor child,
Margaret, charges that her husband, Jas
per flyers, has become n physics) nnd men-
tnl wreck from drinking Intoxlcntlng liquors
at the establishments of tho above-named
defendants during n period covering the laat
tvo years and which has made him unfit to
render his family tho support required of
him ns a husband and father. The petition
also alleges that prior to the time he be
came n frequenter of saloons he was n
good, kind and loving husband of Irre
proachable character nnd provided for his
family In ample manner. Mrs. Dyers Is a
respected woman. Mr. Dyers Is an old resi
dent of this county nnd has held many po
sition of trust, all of which ho has dis
charged satisfactorily, with the possible ex
ception of his recent course with thn rec
ords of thn last session of the grand Jury,
mention of which was mado In Tho Dec at
the time nnd with which the citizens of
Oage county are still familiar.
TRAMPS FIGHT BRAKEMEN
fihrrlrt and flnpntr Capture the finnK
nnd I.oeU Them Up In
Trenton.
TltENTON, Nob.. Nov. 21. (Special Tele
gram.) Tho trainmen on No. 149, local
freight, discovered threo tramps beating
their way and attempted to put them off.
Tho tramps refused and a brakeman la
said to have kicked one of them over tho
eye, whereupon ono of the gang drew a
revolver on him. Tho crow finally suc
ceeded In ousting them. When the train
reached Trenton tho crow notified tho
shorlff of the nffnlr. The sheriff nnd deputy
watched for the fellows to come Into town.
Tho trnmps walked In about 10 o'clock and
tho sheriff ordered them to hold up their
hands while tho deputy searched them. No
revolver waa found In their possession. Ono
of their numher produced a mouth organ,
which ho said was tho instrument which
tha brakeman believed to ho n revolver,
It is supposed they disposed of the revolver
beforo reaching Trenton, as the brakeman
would hardly mistake tho mnuthharp for a
revolver. The tramps were placed under
arrest.
CARVES HIS OLD NEIGHBOR
Farmer Near Alma, Impaled on Ilarlied
Wire, I'ses Knife. i De
fend Himself.
ALMA, Neb., Nov. 21. (Special.) Riley
Flmple and John Wing, neighbors, living
near Woodruff, Kan., Just across the state
lino from this place, attempted to settle
old scores In a prlmltlvo wny yesterday
afternoon. It Is reported that Wing, who
was the heavier of the two, had succeeded
In knocking Flmplo down ncross a barbed
wlrn fence, when Flmple, In order to ex
tricate himself therefrom, used his pocket
knlfo en Wing. Inflicting several severe
nnd dnagerous wounds, ono over tho right
nipple, enterlug tho lobe of tho lung: two
In tho right nrm, ono In the hand and ono
In his side. Wing wns found about a quar
ter of a mile from tho scene of tho troubb
In n ery dangerous condition. Flmplo
came to Alma and secured an attorney to
defend him and then returned home.
STARCH FACTORY'S NEW GLOSS
Argn Plant Ahont to llrsiime with
Xevr Hollers anil Clrnn,
Xeiv Front.
NEBRASKA CITY, Neb., Nov. 21. (Spe
cial.) Tho Argo starch factory, the largest
Industry in tho city, has -been closed down
for some tlmo for repairs. These repairs
have been almost completed and an early
resumption of operations, giving employ
ment to a large amount ot labor, Is assured.
Aside from overhauling the machinery In
the factory proper an entire new boiler
house has been erected nnd several largo
new hollers Installed. This work Is be
ing pushed ns rapidly as possible and Is
well along toward completloh.
OFFICERS SEIZE THE FATHER
Harry White Arrested nt Imllanola,
with Ills llnuKliter. Chortled tvlth
Attempting Chilli Ntenllimr.
M'COOK. Neh., Nov. 21. (Special Tele
gram.) Harry Whlt'o, n painter, who for
merly worked here, but of Into has been
In Colorado, was arrested In Indlannla to
day. Just as ho was getting on tho train
with his little daughtor, charged avlth at
tempting child-stealing. He was brought
hero for his preliminary hearing, which will
be tomorrow. His wife lived In tho country
north of Indlnnola and they havo had
trouble previous to this.
llr ill' L Killed cm the TrneLs.
KEARNEY. Nob.. Nov. 21. (Special Tel
egram.) L. Bruck, a scctlonmnn on the
Union Pacific, was Instantly killed a short
time before 3 o'clock this afternoon near
tho station at Watson's rnnch, west of this
city. Ho was standing on tho grado near
tho south double track watching freight
No. 19 going west when the engine of No.
6 struck him squarely and knocked him
Into a heap. A coroner's Inquest will be
held.
Tears MlKliard's Arm to lireils,
REAVER CITY. Nob.. Nov. 21. -(Special
Telegram.) Harvey Mlggnrd fell upon the
rapidly revolving cylinder of a threshing
machlno today and one nrm was torn to
shreds. The accident occurred nt Mr. Mlg.
gard'B farm, six miles from this place.
Mllo ot WiMiilmrn lit Unit ilcr..
REATRICE. Neb., Nov. -'l.ISpccla! Tel
egram.) The Woodmen pnradp here tonight
wns nearly one mllo In length and mora
than S00 Woodmen were In tha line, which
was headed by the Second regiment band.
Carnivorous Corn Mtrrdiler.
SHELTON. Neb., Nov. 21. (Spcclal.)-M.
G. l.ee contributed three fingers and a'part
of n thumb to a corn-shredder today. The
rauie machine levied on Joe Rots for n
COLE CASE HAS ITS JURY l
i
I
rw- vuAm t -i.- t.s.i itU I
Di j Finds- Trsnt.n Trial with
Third
Wititsiei on Stand.
SEVEN FOR THE STATE APE EXAMINED i
Defense Has Hlnlitcpn to Cnll In Ills.
pi-uto He Mute Unllnls from
Olllce of Hie Count r
Clerk.
TRENTON. Neb., Nov. 21. (Special Tel
egram.) The Jury for the J. W. Cole case
was completed this morning at 10 o clock,
this being the third day spent In securing
n Jury. There have been twenty-six wit-,
nouses HUbpocnacd for tho alntc. Tho stato
claims Colo entered tho county clerk's ot
fleo with an empty telescope bag nnd nfter-
wnrds hired n rig nnd went to Strntton: nlso
that Paul Jones and P. J. Fitzgerald of
StMtton examined Colo's buggy whllo In
Strntton and discovered nn empty telescope
and a gunnysack containing paper. During
this tlmo ballots were discovered missing
from the county clerk's office. A warrant
waa Issued for Colo's arrest on suspicion
that ho had carried tho ballots from the
office In the telescope which ho had taken
to the office. As Colo wns returning to
Trenton he was met by Sheriff Jones. Jones
ordered Cole to halt, but Colo did not heed
the rail, to Jones tried to stop Cole's rig
by catching ono of tho buggy wheels. Tho
attempt was unsuccessful nd Jones was
thrown to tho ground, whereupon ho re
turned to his buggy nnd, having n fleet
team, soon overtook Cole, He snw some
thing fall from Colo's buggy, which after
wards proved to bn Cole's laprobo. Ho
Han caught Cole and brought him to Tren
ton nnd placed him under arrest. No bal
lots wero found In his possession, but thi
stnlo claims that the sack waa1 found near
Colo's robn nnd that ballots wore scnttercd
far and wide.
The defense avers that he took tbe tele-
scopo to tho ofllco for books and papers he
was using In a contest casn la which ho waa
an nttorney, then went to Strntton to sen
some men In regard to the case. Ho claims
ho did not hear Jones call to him and that
Jones driving up frightened his horses and
they nttemptcd to run. When ho succeeded
In stopping them he found Jones with a
warrant for his arrent. Tho defense also
will try in prove Cole had no gunnysark;
also that the ballots wero not found near
his robe. Thero aro eighteen wttnetses for
tho defense. Soven witnesses for tho stato
wero examined this afternoon.
SAVES INDUSTRIAL SCHOOL
Water Wnrka S stent Comes Into finnd
L'ae at the Institution at
Kearney.
KEARNEY, Neb., Nov. 21. (Special Tel
egram.) In the bulldlug occupied by the
F grade nt thn State Industrial school a
blazo wns found Thursdny morning that
had started at tho foot of tho dUBt-chuto In
the basement and had rapidly ascended the
chute and communicated to tho roof. Tho
fire department of the Institution quickly
responded nnd In n few minutes tho blazo
was extinguished. Tho F grade Is com
posed of small boys and thero came near
being a panic for a little while. The in
stitution has n good water works system
for flro protection and Is able to handle nny
tiro of ordlnnry proporUons. In this In
stance tho wntchmnn had been through the
building but n short time beforo 11 o'clock,
when the fire was dlscovtre.i, and had not
detected anything, hence tho cause of the
blazo is quite a mystery.
Illshop Hon no II in Asks Dismissal.
SEWARD. Nob., Nov. 21. (Special,)
The case of nishop Donacum against Mur
phy has been temporarily dismissed. Tho
bishop Is apparently getting tired of his
fight ngnlnst Father Murphy nnd has filed
an application for dlamlssal ot tho case
Water May be-
Hard or Soft,
Cold, Warm
or Hot
Cudoma Booklet
THE 0UDAHY PACKINQ CO.,
Contrast the pleasant taste and delightful natural effects of the
crushed fruit laxative
MULL'S
GRAPE
TONIC
With the harsh
effects of dras
tic drugs com
monly used as
tonics, cathar
tics, liver and stomach medicines. Violent purgatives which are
not a rational treatment for the sick.
Most doctors and patent medicine manufacturers resort to
mercury, potash and opiates, which are all exceedingly injurious,
though they sometimes temporarily relieve.
Mull's Grape Tonic is the life-giving juice of the grape,
nature's own strength giver, combined with roots and herbs. Thus
while pleasing to the taste, it is a perfect digestive, restorative and
tonic. It nourishes, fortifies and refreshes, and is the greatest
stomach, liver, nerve and kidney tonic known. It puts these great
organs of the body in a healthy state, It rids you of that tired,
depressed condition, caused by a run-down nervous system and
impoverished blood. One bottle will convince you of its merits.
Kept by all first cIum drugglds, 80 cents for a Urge bottle,
or sent express prepaid by
THE LIGHTNING MEDICINE CO., Rock Island, III.
Mull'e Lightning Pain Klllorfor all external and Internal pains,
25 and SO Cents.
for sale by Skcrtauu A Slctuuuell
him In the ills-
Murthy, through
his nttorneya, has now made application
for nn order restraining thn bishop from
commencing any further actions In thn
clv courg un, Mme of thn nm nnw
pending In the'ehurch courts arc finally dis
posed of. Judgo Sotnborgcr haa this under
ndvlscmcnt and will render his decision 1.1
tho near future. v
TWO GO BACK INTO PRISON
tones ftejnolds and Wltllnnt Wrnln
gcr Sent fp Aanln for Confessed
Thefts nt ienrd.
SEWARD. Neb., Nov. 21. (Special.) Tha
case of Jones Reynolds nnd William Won
Inger, two convicts who were arrested last
week for theft, was tried this forenoon.
j Roth were found guilty nnd Wenlngcr was
given ten years In the penitentiary nnd
Reynolds seven. This multcs tho third tlmo
that Wenlngcr has been sent up from this
county, onco for stealing horsta and tho
other time for stealing chickens. Ho was
released only u short time ago and ho and
Reynolds, who wns nlso Just lot out of tho
penitentiary, came to Seward county again.
This tlmo It was harness, saddles, robes,
etc. They wero arrested In t,oulsvll!c, Neb.,
last, week, with about $10 worth of stolen
property.
Comes to Wnrk In Kearney Mills,
KEARNEY. Neb., Nov. 21. (Special Tel
egram.) The machinery of tho Kearney
cotton mills will be removed to Cincinnati,
according to n letter received from n Kear
ney man who Is in that city, but John U.ir
bach, a Russian nnd n former employe, who
hns been working In a cotton mill at Den
ver, returned yesterday and told that forty
families would soon remove from Denver
to work In the mills here when they were
fitortcd. He said a Russian by the narao of
Conrad Claus. who Is at Denver and tho
leader of tho forty Russian families, told
him thnt the mills would surely start nnd
directed him to return to Kearney with his
family. Treasurer Drown ot the cotton
mills claims thero Is no probability of the
mills being started. However, tho machin
ery Is all lu placo and so many Improve
ments have been mado that thn mills could
bo started at a moment's notice.
Looks t.lke Another I'oraerr.
BEATRICE, Neb., Nov. 21. (Special.)
Attired as a farmer a stranger entered tho
meat market of Mr. Oessell.'on South
Sixth street, yesterday and purchased SO
cents worth of meat nnd tendered In pay
ment n check for $10.25 drnwn on tho Ger
man National bank, payable to Oeorge Gra
ham and signed by the R. Davis Grain com
pany of this city. Mr. Getsell gavo the
stranger his change, and when he presontcd
the check for payment It was rojectcd. It
Is thought that the supposed forger Is tho
fellow who worked Hastings n few dayB ago.
York Illicit Ton Hlh fur llelirnn.
HEBRON, Neb.. Nov. 21. (Special Tele
gram.) Tho foot ball gamo which was
played hero this afternoon between York
nnd Hebron High schools resulted lu a vic
tory for the vlsltora 12 to 5. York mndo n
bad tumble, which allowed Hebron to score.
Fry of Hebron umpired and Fountain of
York waa referee. Superintendents Atkin
son nnd Wagner chaperoned their respective
teams and the gamo was freo from unploas
ant fentures.
turns Sent lip for One Year.
SIDNEY. Neb., Nov. 21. (Special Tolc
grnm.) District court closed hero tonight
after being In session slnco Monday, with
Judge H. M. Grlmeo presiding. A large
docket was disposed ot almost completely.
Clmrles Rums was found guilty of embez
zlement nnd was sentenced to tbo peni
tentiary for ono year.
Thornton Will Wnrk a Year.
SEWARD, Neb., Nov. 21. (Special.)
"Jack" Thornton, charged with stealing a
cow from n farmer In the northern part of
tho county Inst summer, which ho after
wards sold to a stockbuyer In Dec, appeared
beforo tbo court und pleaded guilty. Ho
w;a9 given ono year In tho penitentiary at
hard labor.
Lathers Freely
AT ALL TIMES
Specially prepared
Ox-Gall, removes
dirt without injuring
fiber of the goods.
Sets the colors,
leaves woolens un
shrunken, soft, just
like new.
trlct court here. Father M
You will appreciate an Ox
Gall Soap after you have
once used it. Your dealer
sells it.
sent upon request.
Omahi...Kantai City.
Drug' Co., Utualia.
mtzm aVl
THE MODERN STORE.
It Has One Department Little
Known To Customers.
The (rreat department lore f ,ir 'me
lias one deportment usually unvlalted ly
customers, and yet very essential to the
good of the store. It ts the hospital de
partment. The hospital is a feature of
the equlpmentof the great modern depart
ment stores, becaufc experience ha
proved its advantages. It is not more a
mark of humanitarian progress than of
commercial sagacity. It is not there for
the benefit of customers, though its use
would not be denied them. It is there for
the benefit of the clerks, n majority of
whom arc women, and these women ore
those who almost exclusively use the
hospital. It is not an uncommon thing
for the young woman employee of the
tore to sink down exhaustedor to drop
falntlnr to the floor. Tier shop-mates
promptly care for her, and she is assisted
to the store hospital where she may rest
and hare the needed restoratives.
WOMRN THR SOVFKRERS.
While the existence of the store hos
pital points to the sympathy of the man
agement with its employees, it also em
phasizes the weakness of the women for
whom the hospital is established. Women
who work must be prompt and regular
in their duties or they arc not wanted.
The back may ache, every step may jar
along the spine until the bead throbs
pitifully. The reaching up for a box of
gloves or the stooping to pick something
from the floor may cause acute pnin, but
the woman behind the counter must hold
on until she drops, nnd she generally
does. Then comes the hospital, n brief
rest, and some pallativc for her present
pain. Next month she may repeat the
same experience; for it is noted thnt this
liability to physical collapse among
women is much greater at certain pe
riods. The hospital is good in its. place.
But what these women need is health,
sound health. And sound health for
thetr means the cure of those womnnly
diseases which are the primary cause o'f
the physical weakness stich women feel.
There is a cure for womanly diseases
which' has the testimony of tens of thou
sands of women to its perfect and per
manent nature. It is Dr. Pierce's' Favor
ite Prescription, the medicine which
makes weak women strong nnd sick
women well.
"A heart overflowing witli gratitude
as well as a sense of duty urges me to
write to you and tell you of my wonder
fnll recovery,"says Miss Corinne C. Hook,
of Orangeburg, Orangehurg Co., South
Carolina, (care of J. H. Hook). "By the
use of Dr. Pierce's Favorite Prescription
I am entirely a new being compared to
the poor Miserable sufferer who wrote
Quicker
Than Ever
HOT SPRINGS
ARKANSAS
IN . . .
12
HOURS
From ST, LOUI!
12
8 P. M. TO 8 A. M.
IRON
MOUNTAIN
ROUTE
PAMPHLETS FREE
ON APPLIOATiON
H. C. TOWNSENO,
Gen. Pass'r. & Tlckot Agt.,
ST. LOUIS, MO.
OIBcn Ilnura, H a, 111, to 0 p. ui,
Snndnya, from 8 n. 111. ta R p. m,
DR. McGREW (Age 53)
SPECIALIST.
IIUeiikCN mill iiimii'ilers or Men Only,
Sil Yeiim' Kxucrlciiue, 1(1 Years In
OinAlia.
VARIflflfiFI F cur(Hl 1,1 ,css t,lnn 10 dav
culling.
SYPHILIS
niul ull Dloocl UIhcubos cured
tor life. All liri'iiltlriL- mil nmi
lgiiH of tliu (liseaso disappear ut once.
1 of nervous
88 nt vllalllu
and nil imimtunil vcuknesnps of men.
Stricture, Glriit, Kidney mid llladdor Dis
eases, Hydrocele, cured pcrmmiontly,
Cures liiuirniitcfil, l.'niiniiltiitliin I'reo.
CHARGES LOW.
Treatment by mail. P. O. Box "(A.
Ofllco over lll.i S. 14th street, between Far-
nam and doukuu) "tu., u.maua, rsuu.
Sfe SBNT ON TRIAL.
"N MEN Stop toklnr mcdlctns.
j I f jou btro (tsMI, eik nrgm,
m -m. I"" power n'weiienlnf HMm.
n our Vacuum Orjtao I0Tlopr will
K w)rtoryou, ho rirufi, Btrlctur
JfiSissr "Oil Varlroreln prmnDtl earxt
XIPK Inltoiweekt. 75,ono la oi; not
rfssm liMsj odk failure; not one rotumed;
Sct Immediate: no O. O, V. fraud. Write for ti
particular!, ant aealad Id plain euvelop.
10CAI APPLIANCE CO. 139 Thorp 81k. lndlinipolli,ln(!,
you four months ago. I remark to my
jwenU almost everv day that it seems
almost an Impossibility for medicine to
do a person so much cool. During the
whole sumricr I could scarcely keep ut
to walk Atmut the house, and yesterday
I walked four miles nnd felt better from
the exercise. I now weigh us pounds.
I read in vour book of testimonials whete
a lady said Dr. Pierce's medicines were
a ' Thousaud pouuds of comfort,' plesse
let mc add one thousand pounds more to
it. Mine was a case of complicated fe
male diea.e in its worst form."
THK BUST MJtntCtNK KOR WOMK.
Dr. Pierce's Favorite Prescription can
lay claim to being the best medicine for
women without fear of contradiction. It
it best because it contains no alcohol,
nnd is entirely free from opium, coc.iiuc
nnd all other narcotics, which give only
temporary relief from p.iin. It is the
best medicine for women because its
cures arc radical, going to the toot of
disease and establishing perfect and per
maticnt health. To these claims the
women themselves are the witnesses,
who having tried in vain
other medicines, have
found in "Favorite Pre
scription " a complete ane
lasting cure.
"I feel more than grate
ful to you for the benefit
I hate received from Dr.
Pierce's Favorite Pre
scription and ' Golden
Medical Discovery,'"1
writes Mrs. Enrie E.
Wood in, of MiUertan,
Dutchess Co., N. Y care
of Box No. t. "For a
number of years I had
been troubled with female
weakness, nervous head
aches, irregularity, rest
lessness at night, and, in
fact, was all run down,
but after taking three
bottles of ' Favonte Pre
scription' and one of
'Golden Medical Discov
ery' feel that I am en
tirely cured, nave no
more nervous headaches,
and rest very good at
night; in fact, feel like a
different person, thanks
to vour kind advice and
wonderful medicine. I earnestly advise
all who suffer from any similar troubles
to write to Dr. Pierce at once. They
will not regret it."
WO KKltD TO Hit SICK.
Por the majority of women there is no
need to be sick with womanly diseases.
The figures show that out of every fifty
women suffering from diseases peculiar
to their sex forty-nine are cured by the
use of Dr. PierceTs Favorite Prescriptipn.
liven the one woman in fifty for whom
no perfect cure is possible is benefited
by a lessening of pain, and an increase
of strength through the use of this great
medicine for womnnly ills.
" Favorite Prescription " establishes
regularity, dries weakening drains, heals
inflammation and ulceration, and cures
female weakness. It is the best tonic
and nervine for weak, worn-out and run
down women. It quiets thp nerves, en
courages the nppetitc and induces re
freshing sleep. It is n purely vegetable
preparation, and cannot disagree with
the weakest constitution.
Weak and sick women are invited to
consult Dr. Pierce by letter, free. 'All
correspondence is held as strictly private
and sacredly confidential. Address Dr.
R. V. Pierce, Buffalo, N. Y.
"Favorite Prescription" makes weak
women strong, sick women well. Ac
cept no substitute for the medicine which
works wonders for weak women.
FREE TO KVKRV WO MAW.
The best medical book free. Doctor
Pierce's Common Sense Medical Adviser,
the greatest modern medical work
containing more than a thousand large
pages and over 700 illustrations, is sent
free on receipt of stamps to pay expense
of mailing ottly. Send 31 one-cent stamps
for the cloth-bound volume, or only 21
stamps for the book in paper covers.
Address Dr. R. V. Pierce, Buffalo, N. Y.
JOBBERS & MANUFACTURERS
OF OMAHA
DRY GOODS AND NOTIONS.
CARSON PIRIE SCOTT & CO.
Wholesale Dry Goods,
CHICAGO.
E. L. HICKS,
General Salesman.
OMAHA SALESROOM,
1605 Far nam St.
J. 13. HOWE,
Resident Salesman.
MACHINERY AND FOUNDRY.
Davis & Oowgiil Iron Works.
IfAMUTACTURKM AND JOMSM
OF MACHINEIIT.
flBNBRAXi RHPAIRIKO A IMrCTAXn
IRON AND BRASB FOUNDER.
1H1, IDOiS aa IBM JmIihi llrsH
Oaafca, Nak. Tl. IH,
. Eafcrlskls. Assat. J. . GwIU. MgB,
c
SANE CO.
Maaufsctvrtri sd4 Jobber f
Steam and Water Supplies
Of All Kinds.
1014 and 1018 DOUGLAS ITi
ELECTRICAL SUPPLIES? '
lAisttrn Electrical
y Company
Electrical SupplUa.
Klsotrts Wlrtag Us sac Om UsttlU
O. W. JOHNBTON. Mgr. 1510 Howard St.
TENTS AND AWNINGS.
Omaha Tents Awning Co.
omaha, mm.
TENTS FOR RENT.
I TENTS AND CANVAS COODt.
David Cole Co.,
OYSTERS,
White Plume Celery, Poultry.
OMAHA - 416 South 11th U
4n
J
I RESULTS TELL
THE BEE WANT A)
PRODUCE RESULTS.
4
31
a
A
