T11J3 OMAHA DAILY
1JE.E: TU IT USD AY, 3S JJ13K 28, 1901.
DHL-
cream
Is the Most Economical
Greater in leavening strength, a spoon
ful raises more dough, or goes further.
Working uniformly and perfectly, it
maker; the bread and cake always light
and beautiful, and there is never a waste
of good flour, sugan, butter and eggs.
While it actually costs less to make a
batch of biscuit with the Price Baking
Powder than with the so-called cheap
powders, there is the additional advan
cage of better and more healthful food.
Price Baki(1 Powder Co.,
Chicago.
AFFAIRS AT SOUTH OMAHA
Overlap Warrtiti Art Diatrming Btme
Looal Poaplt Ortatlji
TREASURER KOUTSKY STILL UNDECIDED
Mnfcn't Mnile Vft III .Ml ml Alioiit In
anliiK n Cull for Them. lint Other
Ititcrmtril IVrmim Tlirentcn
Action.
The payment of the tPOO overlap Is caus
ing Treasurer Koutsky considerable worry.
Yesterday two of his bondsmen notified him
that It ho Issued a call for the warranto
drawn to pay this overlap they would With
draw from his bond. These bondsmen were
nan Hannon and Joo Koutsky. Treasurer
Koutsky Is going to take legal advice on
tho matter and bo guided by his attorneys.
On the other hand, tho firemen and po
licemen are talking of hiring n lawyer
and securing a restraining order. It Is
assorted that It this ovorlap of $42,000 Is
not paid thero will be money onoilgh to
keep both departments running during thu
winter. As Mr. Koutsky has announced that
he will not make any call for warrants
until about tho middle of January, tho fire
men and policemen will have ample time
to hold meetings and determine Just what
they want to do.
As to Treasurer Koutsky' bond, thero
Is some doubt whether he has a bond at all
or not. The new chartor provides that
tho treasurer must give a suroty bond to
be paid for by the city. This' haj never
been done, for the reason that the council
has not designated a city depository, which
Is provided "for In tho charter. Under the
law tho city must advertise for bids from
bankers for the city's money. The local
banks will not bid, consequently no de
pository has been designated. As long as
this portion of the' Jaw I" "ol carried out
th surety comnanles will not bond Mr.
Koutsky, or any other treasurer for that
matter. Another feature U that Mayor
Kelly has never approved the personal
bond submitted by Mr. Koutsky. It was
approved hy the counoll, but r.vcr signed
by tho mayor. This bond was filed under
the old charter. It Is stated that Mr.
Koutsky Is not to blame In thin matter, as
he has done all he can to have his bond
made right.
A city official said last night: "It Is
safe to predict that the oveilap warrants
will not be called until some of the fines-,
tlons Involved are decided by the courts.
In the event that no call Is Issued for these
nuutandlng warrants It will be a plain
case of the city repudiating U dobts.
Some arrangements should be made to take
care of this ovorlap before the spring elec
tion." Itrwkeu Trolley Wire.
A pole plsnted on N street, sustaining a
trolley wire, broke yesterdav and caused
a slight delay In tramc. Some (ime ago
the city officials requested the street car
company to erect Iron poles In the business
portion o tho city and this was done on
Twenty-fourth street. The accident has
again called the attention of the officials
to the matter and a request will bo made
again to have all wooden pnlea downtown
supplanted with Iron poles. Another re
quest will also bo made to have the switch
at tho east end of tho L, street viaduct
taken out, as It Is not used and Is de
clared a nuisance hy teamsters and others
who drive.
Moukler-Carnentrr Nuplll
Tuesday evening Mr. Frank Mockler, man
ager of tho South OmnliJ. Ice company hero,
and Mlta Docla Carpenter were married at
the home of the bride's mother, Twenty-
second and II streets. Ilev, pr. )t. I
Wheeler performed tho ceremony. The
wedding was strictly private, as only a few
M'ri'OMim I1INRANKH Ol' WOJIIl.V,
Lung storlea could be told regarding the
outcome of mistakes In diagnosis made by
physicians In the matter of diseases of
women. Stomach and bowel troubles of
lone standing, chronic conatlpnlou, result
ing finally In Inllumatlon of the Intestines,
hue been the causes of headaches, "blues.'
bearing down pains and Irregularities more
often than huve derangement of the female
system. The effect Is lack of energy: pain
resembling that enimed by uterine prolapse;
,i mialnnelinlv view of life nnd its n (fairs;
headache; nauson upon rising In the morn
ins, Alt symptoms easily to be mistaken
for tiwite causru ny iim.in" hisciihcr. ur.
Caldwell's Ryrup Pepsin and Herb Lava
live Compound gives Instant relief, Sold
by nil druggists In 50 cent nnd II. W bottles,
but never In bulk. Wo will bo glad to
nend you a trial bottle nnd a very Interest
ing llttln booklet on stomach troubles, If
von will mention your symptoms. Pepsin
Syrup Company, Montlccllo. Ills,
TO I.ATII TO CI.AMSIFY.
Fl'KNISIlKD rooms, ilrst-class board. 2Sl
Harney, F-MIS2$
FOU SALE or exchange, ."52A ncres In Valley
touiuv. Neb.. S'1.0"0. will take tt.WO In
merchandise; thin Is Improved and nil
good alfalfa land; If you to buy or
II anything write T. M. Cllne..lW O st,,
Uucolu, Neb. nL-Mt!6 1
RICES
N'otk. - Alum powders should not be
used, no matter how cheap they are.
They induce dyspepsia, liver complaint
and kidney trouble
Invited guests and relatives Torc prefent.
The groom Is one of tho most popular
young men In South Omaha and the bride
lit equally well and favorably known.
i I'.xtrn Help.
Although the Increase In the malls In
eldent to tho holidays Is becoming moro
apparent every day, Postmaster Etler has
not made any request of the department
for temporary help during tlio holidays.
Captain Utter hopes to handle the business
at this office during the busy season with
out Increasing the payroll. Although It Is
customary to put on additional clerks dur
ing December, no request haa been mado
and so the regular force will doubttetis
have to keep busy for tho next five weeks.
Twelfth Annual Tlnll.
Last night the pHld flro department of
.South Omaha gave Its twelfth annual ball
at Woodmen hall. About 00 tickets wero
sold and the firemen's relief fund will bo
the gainer by fully $400. The attendance
at the ball was large and the program was
carried out In every particular. Chief Lou
Etter was master of ceremonies. The re
ception committee was mado up of As
sistant Chlof W. I,. Holland. Captain D.
C. Garrett, Captain I. J. Ilucktey nnd Cap
tain Ivor Thomas. Fred Llnd, J. L.
Hrabets, Louis Sandwlck, Charles Alstedt,
Thomas Kelly and 1. J. Uurkley mado up
the floor committee. A. U Borcort, Fred
Mtillnn and Louis Sandwlck looked after
the door.
A telephone was run Into the hall In
order to catch any alarms and the flro
teams were hold In readiness at nearby
stables.
Observing Th mi km I sin.
The city offices will be closed all day
today. Union services will be held at tho
United Presbyterian church and Rev. M. A.
Head, pastor of the First Methodist church.
will deliver the sermon.
Thero will be no market at the stock
yards, the exchange havln. decided to fall
Into Hue with other live stock markets
and observe the day the same as Chi latinos
Is observed. All stock arriving will bo
taken care of and the market will open
Friday morning as usual,
Thanksgiving dinners will be served at
the Baptist mission. Thirty-second nnd K
streets, and at thu African Methodist Epis
copal church, Twenty-fifth and H streets.
Mil Kit' 'l t (ioHll.
Ktnniu Y. Crawford lias coin? In lCmmas
City.
Colonel (.'. M. Hum hax returned (iiim n
weclt'a slay nt Kearney.
Dr. Utid Mrs. A. It. Wake mo siiimhIIiiit
Thanksgiving nt Coxad, Nob.
MvIcm Welsh returned last nluht from
Hxcelelor, Springe, where he spent two
weeks.
John MeNultv of Cudahv'a beef rienart-
mo nt has gone to Colorado In hones of
benefiting his health,
A lire In tho smoke house nt the Omnhn
Packing company's nlant yesterdav after-
noon called out thu lire department, Loss
minus.
Oeneral Mummer Keman of tho I'nlnn
Stock Yards company remembered his em
ployes nnd the newspnper men yesterday
With fclftr. of turkeys and clgura.
Mr. nnd Mrs. Oooiac Purka are liurnn
frnm linlimiH fltv Mi IJurlra lum Kna.,
superintending- the rebuilding of the portion
of the Cudahy plant recently destroyed by
lire.
ftnlnh Hull of the Hammond cumnuiiv.
formerly n resident of Hnuth Omulin. hut
now located at Hammond, Ind., spent yes-
loruny in mo city looaing alter iniHiness
matters,
.MnrrlNgc I.lcenken,
The county Judge Issued the
licenses:
following
ftaiiiu mill itwiueiivr, . gr.
Richard J. Shanahau. Omaha........ 22
Stella D. Wilson, Omnha 23
Andrew Nelson, South Omnha :n
Anna Peterson. South Omaha , 28
James McKenrnoy, Omaha ,.2!)
Mary Fitzgerald, Omaha 22
Charles E. Mlddlcmlss, Omaha 30
Catherine Kllltiger. Omaha 31
John S. McCllude, Omaha ,
Emma Mltener, Omnha . ...i. 23
Hert EHniichurd, South Omaha 29
Laura Murphy, South Omaha 27
Frederick M. Ilrott, South Omaha 29
Ella M, Hosklns, South Omulm ;
John P. Krnmper, Jackson 3t
Leona Del leek, South Omaha S
Jamea Poland, Omalrt ,n
Annie Illodek, Omaha 23
Alfred Anderson. Cannon 28
Nellie Dillon, Henson , 20
Just Justesen. Hamlin, la ?5
Christina Lavoursen, Omaha 29
Elmer 8. Hood, Omaha 21
Inez L. rturnliain, Omnhu 20
Will Mackenzie, Nebraska City 24
aeoraia 11. iiaisup, umana a
'John S. Howon, Omaha 27
Julia A, Hrome, Pllger ,,, j;
Tries to tie I C'hli'Ueii, Rets Shut
Henry McClusky was arretted lost night
by Officers S. I), and Al Osborn, ufter mak
ing an uniuccerisful attempt to roh tho
chicken coop of Charles Storz, 1821 North
Twenty-fourth street. Storz heard a rom.
motion around the coop and went out to
Investigate, He was confronted by Mc
Clusky with n drawn knife nnd forced to
teireut. no returned to tne saloon, got
a revolver and shot Mcl'luskv. lnfllctim.- a
flesh wound, aa the Utter" Jumned the
fence. McClusky wns later nrrestcd hy
iiiu iriut.i'rn.
Illinois I'nsoen .leHiea.
NEW OKLKANS. Nov. 27.-The big bat-
tleshlp Illinois, nent here to test the 'ilg
floating dooU, passed safely and easily
through the jetties nt tho mouth of the
river at daylight and ' nw proceeding up
l lie in CI ttl U IllliC-lUIIU BilCCUa
WEST AND THE RAILROADS
libraikta Tells Mr. Harrinun a
Pin
Uidrtiead Trutlia.
AIR TREATMENT FOR FAIR DEALING
Curpiirntliiii Mini Pn nn Kiintlnlilr
.tlinrr of 1'nlillf Taxra .liml I.IUp
Other Propert J A Tlliirlj
YVniulnu.
Public sentiment In the west respecting
the community of Interest deal, ! which
the country west of the Mississippi Is par
celed out among the railroads traversing
It. wan the subject of an Interview be
tween a citizen of Nebraska, whose, name
Is not given, anj Mr. Uarrlman, the finan
cial manager of the Union Pacific and al
lied lines, In New York last week. Thu
Interview was of moro than ordinary sig
nificance and formed the text for n letter
In tho Philadelphia Press of Saturday last
written by K. J. Edwards, a correspondent
of high repute, The letter follows:
NEW YORK. Nov. 22. Mr. Uarrlman wan
Informed yesterday In the course of a long
conversation with a representative and In
fluential citizen of Nebraska that at pres
ent tho people of the various states In thu
north and middle west, through which pass
the railways whoso ownership or control
Is to be centered In tho Northern Securi
ties corporation, arc not disposed to make
aggressive or vindictive attacks upon this
corporation or upon any of tho plans form
ulated by the parties In tho community of
Interest. It is to bo presumed that there
may bo some tests of tho legality of thi
agreement and undoubtedly minority in
terests Inspired by various motives may
seek to frustrate this plan.
What They
I live to IV nr.
It la not any danger of m.Vcrse Judicial
action which tho Northern Securities cor
poration has so much to fear as It Is leg
islative action which will not seek to dis
rupt or destroy the combination, but will
try to sjcuro for tho state or the com
munlty much greater returns In tho way of
taxation that this corporation must con
template, an tho most Important action
that will be taken In any of the states by
whoso i.uthorlty charters have been given
to these various railroad corporations
Mr. Harrlmau wns frankly told that It
wns taxation and not Injunction that he
and his associate would bo compelled
chiefly t consider. He wns reminded that
In tho state of Nebraska tho Union Pacific
corporation recently flecured a reduction of
assessment. That represented In saved
taxes n little Icsb than $200 a year, but it
was a reduction whereas It would prob
ahly have been more expedient for the
corporation to have tolerated or even ap
proved a proposed Increase of assessment
an Increase that would have aggregated
about $1,000,000, but would have cost In the
way of taxation a smaller annual sum than
Is paid frequently to an attorney for an
opinion or for the salary of one clerk. And
yet the announcement through the state of
Nebraska that tho Union Pacific had no
objected to, but on the contrary had cor
dlally accepted an Increased assessment of
that amount, would have modified or pla
cated public opinion and would have been
one of the most Influential of all argu
mcnts In the way of persuading those who
have been populists to give up that party
In tho belief that It Is no longer needed
I'nnltloii of the West.
Mr. Uarrlman listened to these sugges
tions with great Interest and his state
ments to this Nebraska statesman all In
dicated that he and his associates were
thoroughly convinced that after tho ex
perimental season had passed the people in
every one of the communities served by
the railways to which this great community
of Interest npplles would be entirely con
tent, nt least upon two points, first, the
maintenance of absolutely uniform rates for
every customer, wealthy or poor, and, fur
thermore,, the maintenance of reasonable
rates, the expectation being that with In
crease of economies, with development of
traffic, It will be possible, hereafter, for
the railways In the northwest to follow
the example of the New York Central,
which has been constantly reducing its
freight rates until for some of Us service
Its charge Is less than 1 ccut a ton a
mile.
The example of the United States Steel
corporation was referred to. As this cor
poration has htlll some months to live be
fore It finishes Its first year, any reference
to Its management since Its organization Is
liable to be received with some doubt.slnce
It Is felt that tho experience of nine niouthi
especially in the direction of a colossal pro
prietary company upon lines; many of which
are absolutely new, Is hardly a sufficient
experience to Justify absolute confidence
In luo future management of the err
poratlon On the other baud It la ad
mitted that due credit should be give for
the management In the early days of tho
organization of the Steel trust. So far It
has directed Its colossal business In a man
ner that seems to have given entire satis
faction. Everybody hero familiar with the
Iron and steel trado Is speaking with ap
proval of the firmness with which the cor
poration has maintained Its prices for stoel
rails notwithstanding the exceptional de
mand for them or the certainty that It
could for a time al least obtain much
higher prices
Then, again, every person who buys the
products of these corporations now feols
assured that ho gets as good a quotation
and precisely the sanio quotation that
every other customer gets for the same
article under like conditions.
He vol l In the Went.
Tho outcry throughout the west that led
to granger movements, to populist parties
was In great measure caused by the ballet
that the railroads bad favored customers;
that one man could get a rcbato or n better
rate than another, that all were not treated
alike. Now Mr. Uarrlman assures tho west
that one of the chief purposes of the com
munity of Interest represented by the
Northern Securities corporation Is tho main
tenance of like price for like service under
like conditions, He says that It Is of as
much Importance to tho railways as to the
public. In tart this mnsslve combination
really represents the apprehension of tho
owners of some of the railway systems
that are the constituent corporations under
the Northern Securities company that one
group of the northwest proposed to securo
the nurllngton and with It enter Into such
competition with the Uulon Pacific as would
necessarily involve the rate cutting and all
of those peculiarities of a railroad war
which bring suffering both upon the cor
poratlon and upon the people.
To prevent that tho Union Pacific peo'
pie with an unmatched audacity undertook
to buy the Northern Pacific Itself and ap
parently succeeded In that purpose. The
L'nlon Pacific group certainly secured a
majority of the preferred stock of tho
Northern Pacific and then came the. dead
lock, the Northern Pacific corner, the
modus vlvendl of the past summer, as they
say In diplomacy, and then the end of the
deadlock through the organization of tha
Northern Securities corporation and the
Burlington Proprietary corporation. Hy
this method It Is poselble, according to
tho view of those who represent the com
raunlty of interest, to maintain absolute
equality of rates and that, too, without any
legislative Interference or any command
from the Interstate Commerco commission
The tlnesllmi of Itntr.
If the people throughout the states
which these railways bisect are pursuaded
that stability and uniformity of rates are
to be secured by this organization then a
part of tho causes of complaint and npprc;
henslon will, it Is felt, have been removed,
The railway managers arc of the opinion
hat the community should havo confidence
n tho sincerity of tho purpose ot the cor
porations to maintain stable rates and equal
ones since It Is Just that end the managers
have In view, for they desire to put an end
to rate cutting, secret rebates and nil the
other demoralizing practices Incident to
railway competition.
The next question Is this: Are rates to
be advanced? Are the communities to be
made victims of monopolistic power? The
answer to that which Is made by these rail
way managers is that It has been discovered
hat the largest profits do not follow execs-
fllve or unfair rates. Tho experience of the
New York Central and of the Pennsylvania
Central has taught that lesson, Therefore,
managers havo no Idea of Imposing unfair
burdens upon producers who are compelled
to use these railways and who have no
choice but to use them. That, honever,
to be determined from experience. If
t Is discovered when the direction of there
systems begins that the managers propose
to use all the power of their monopoly to
exact the utmost trlbuto from tho custo
mers, then It is certnln that thoro will arise
political agitation nnd that while tho court
may protect tho properties, may declare
valid tho organization, yet It will be Im
possible for this combination to stand de
fiant to 1. genuine widespread popular op
position, The (Inesllnn or Tnxntlnn.
Mr. Uarrlman was very frankly Informed.
however, that tho people of tho states
through which these railways pass and who
havo granted to these railways the fran
chises which havo mado It possible for
them to oiganlzo and operate their roads
will feel that If It Is possible to organize
a corporation with $100,000,000 of capital,
rontrollng properties representing $1,500,-
000.000, tneu thero Is something In those
franchises and In these properties that has
thus far escaped taxation. Thu people will
Insist that a corporation that can pay 4
per cent on $100,000,000 of capital and guar
antee all of the vast obligations which It
has assumed has come Into possession of
something, that valunble thing sometlnifs
called the unearned Increment which ought
to submit to taxation.
It Is precisely the feeling Hint was so
earnestly expressed at Albany last year.
One corporation In Now York City whose
plant could probably be duplicated at a cost
of $100,000,000 has by the process known as
"loading" floated capitalization, bonds and
stock, aggregating, measured hy the market
value, not far from $400,000,000. It Is earn
ing enough to pay about I per cent upon the
baBls of this market value of $100,000,000.
Yet the actual cash coat was something less
than $100,000,000 for the plnnt and the good
will of the various properties which com
bined to make this otie monopoly. Governor
Hoosevelt, and Governor Odcll after him, In
sisted that thero was something hern thnt
was escaping taxation, and at last the leg
islature passed Its taxation franchise tux
law, which alms to meet and assess and
receive taxes from this Increment..
So throughout tho west nnd northwest
the people will be persuaded thnt If It h
possible to organlzo a corporation owning
such great properties as the Northern Se
curities corporation Is to do, a corporation
which represents to the fullest tho modern
principle of loading public franchises to
their limit, then these properties should pay
to the state a much greater rate of taxation
than they have paid 'In the past. That un
doubtedly will bo 'th'e Immediate problem
following the Institution nnd operation of
the Northern Securities corporation. Thtre
Is little doubt hero as to the legality of
this organization. The abler lawyers hero
are certain that the federal courts will sus
tain It even If tho state courts arc lies, lie
Hut state legislatures have power of tax
ation, of passing franchise tax laws and ot
collecting taxes and there is reason for
suspecting thnt the proposed conference
of governors will bo confined chiefly to a
discussion of this phase of the question,
Until the temper of the people and the
legislatures can bo discovered It Is very
doubtful whether the securities of tho
Northern Securities corporation can bo
floated upon tho general public. There will
be considerable Interest to learn whether
London Is to turn the cold shoulder upon
these securities as It did upon those tof the
united htates steei corporation, to the ills
appointment, ll Is understood, ot Mr
Morgan.
Amusements
1'rlmrose mill Doekitn.lei'.
In marked contrast to the minstrelsy of
earlier days, when the curtain went Up on
a first part with a stage full of blackface
comedians, singers and dancers seated upon
neatly arranged rows ot bespangled, cloth
covered chairs, when tho bones and tambos
wero thought to be Indlsponsablo to this
class of entertainment, and when the come
dians wero garbed In some outlandish and
Impossible garment, Is tho minstrel enter
tainment as presented by Prlmroso &
Dockstader and a company of selected ex
ponents of the art of minstrelsy at tho
Iloyd theater Wednesday night. With not
a pair of bones nor a tanibo in sight or
within sound, with not a single chair upon
the stage, tho modern first part has little
semblance to that ot the minstrel show
of former years.
It would bo hard for the mind to Imagine
a more picturesque or beautiful scene than
that in which Primrose & Dockstader have
set their first part this season. It Is
said to be a correct reproduction of the
Garden of tho Oods In Italy, and shows
the broad entrance to a mammoth palace
In the background. The palace stands upon
cliffs overlooking the sea and n decidedly
realistic (Jrop shows the breaking ot the
waves upon the shore. Comedians, vo
callstg and Instrumentalists, dressed In
evening clothes, are seated here and there
upon the "steps of tho palace. There Is
little about tho whole scene that would
suggest minstrelsy, save the blackened faces
of the performers and the Interlocutor,
who occupies his usual position Iu the con
ter ot the party. Of course songs, Jests
and tunny stories are made to serve their
purpose ns usual, yet In this Instanco thoy
aro chiefly new and not without merit.
The olio Is one of the strongest this
orgmlzatlon has ever offeied and with the
possible exception of a single numbtr nil
of the acts nre deserving of praise. Elab
orate scenic effects nre Introduced, show
ing pictures from life In the south, Thoy
Include: "Where the Mngnollas Illoom,
"Moonlight on the Mississippi Hayou" and
"Morning, Noon and Night In a Tennessee
Cottonfleld."
I,--w Dockstader keeps the audlcncu In
good humor tor a half hour with his orlg
Inal witticisms and songs, George Prim
rose, assisted by ,two clever lads of lender
years, Introduces the silent danco ami uog
for which he Is noted. The balance of the
olio Is mado up of vaudeville acts.
The engagement continues today, with
matinee and night performances.
Te.idoruets or aching in the small of tin.
back Is a serious symptom. Tho kidneys
aro suffering, Take Prickly Ash Hitters ut
once. It Is a reliable kidney remedy am,
system regulator and will cure tho troublt
before it develops Its dangerous btagu.
NORTHWESTERN WINS AGAIN
Jidgd Dickinun Dinohei Iijuactiti
Granted bj Judgi Slabnugh.
CITY COUNCIL MAY PASS ORDINANCES
1
IIIrIiI to I. ii Trnelis oil Streets mi it
Allejs Is llrnnteil hy Mute l,nvr
nnd Merely Itcmilnted liy
l.oeitl linnet inciil.
Judge Dickinson dissolved the temporary
restraining order preventing the city coun
cil from passing an ordinance permitting
tho Northwestern railway to construct a
spur along Eighth stroet, between Fnrnam
and Howard streets.
Tho restraining order was secured by tho
Thomas Davis company, which ought to
have tho council enjoined from passing the
ordlnnncc on tho ground that It extended
n franchise to the railway company; tnai
the etnto law providing for the condemna
tion of streets for railroads does not 'In
tend that streets shall be taken for any
thing but through linos or switches which
arc absolutely necessary; that eectlon 10
of the city charter, rather than section
S3 of tho general laws of the etnto govern
ing corporations, regulates tho taking of
streets fpr railway purposes.
Judge Dickinson'" decision was summed
up In the following words: "I shall,
thereforo, hold In this case that section S3
of tho law on corporations has granted tho
railway company tho right to the use of
the streets and nlleys of tho city and that
nil that Is necessary for It to do Is to
come to an agreement by ordinance with
the city authorities for the terms and con
ditions upon which the street Is to bo used
nnd that II Is not necessary to submit such
a proposition to tho vote of the electors
ot the city; that tho franchise Is granted
by the slate In section S3."
UueMllon of Frniichlne,
In rendering his decision Judge Dickin
son discussed tho three questions which
were rained by the plaintiff. He first con
sidered whether the right set forth In the
ordinance Is a franchise, as Is maintained
by the plaintiff, and stated that It clearly
comes within the definition of franchise ns
laid down by most text writers, but held
that the franchise Is granted under the
state law nnd Is merely regulated by the
ordlnnnco which tho council proposes to
pas.
A definition of franchise was quoted by
Judge Dickinson from Spring Valley Water
Works Compnny agalnut Shottler, C2 CM.,
110. In this rase the supreme court of Cali
fornia defined franchise as follow: "A
frnnchlo of n corporation can well be de
fined ns a right of a corporation to exercise
powers and privileges vested in It by char
ter." Judge Dickinson also quoted 'ho fol
lowing definition of franchise, given In Chi
cago City RUHway Compnny ngalnst tho
People, T3 111.. 512: "In the Amerlcnn states
a franchise Is a prlvlICRo emanating from
thu government or sovereign power and owes
Its existence to a grant, or. as In common
law, to a prescription which presupposes a
grant and Is vested In nn Individual or body
politic."
"The right of a railway rompany to lay
Its tracks on Eighth street and to operate
Its cars on these tracks Is n privilege which
Is either vested In It by lnw ot sloto or by
virtue of the ordinance attempted to be
pawicd In this ense. and, therefore, would
come within the definition of 'franchise' as
set forth by most wrlttrs on tho subject,"
.ald Judge Dickinson
Stnte l.usr In Supreme,
III his decision Judgo Dickinson stated
that the most Important question In tho
enso was whether the railway has the right
to lay Its track couferred upon It by section
10 of the charter, or section S3 of tho law
on corporations. He stated that section 83
of the'state law was In force when the rail
way company was granted Its charter, and
consequently that It became a part of the
charter. Any section of the city's charter
afterward passed which Interfered with sec
Hon 83 was void unless passed as an amend
r
mcnt to tne state inw, juuge uicainEon
" ... w. .i, i... i,....
HlUltU I Hilt nvt,lUll it' ui vuw s-nj v.uui iwi
.,., , ntnmi m hn nn nmnmimeni n
section 83 of the stale law nnd that conse
quently It Is null.
The third point in controversy was
whether "railroad" as used in section 83 of
tho charter refers to a mam line or is iu-
Judac Dickinson ruled that the law should
be Interpreted as meaning any track a rail-
JlUt "HI WMJ HWV.M - J .-.
nltnlipu lmf thnt It mnv annronrlato them
n the manner provided iu section 81, which
gets lariu 1110 uieiuuuu lur cuuiieiuuum itiuu
Movement of Northwestern.
The Northwestern company now has two
ordinances beforo the city council which
set forth the terms of the contract between
the company and the city relntlng to the
occupancy of Eighth strcot. Tho attorneys
for tne Northwestern expect to secure the
passage of one of these ordinances In spite
ot any opposition which may be offered by
the Burlington, which Is seeking to prevent
tho Northwestern from securing a foothold
on Eighth street.
In the county court the Northwestern
company has made a request for tho ap-
After
Hi Hnmnst
In the davs followiuc the baby's birth
there i3 often a long up-hill struggle to
recover strength, and the nurae busies
UerscK In the preparation of jellies and
urotns ior we invuuu.
when Dr. Pierce's Favorite Prescrip
tion is used as a preparative for mother
bood the baby's advent is practically
painless, there is abundant strength to
nurse and nourish the child, nnd a rapid
recovery from the cnock and strain in-
separable from maternity.
I wa pleafd tint Dr. Tierce answered ray
letter,' wrltei Mr. C. W. Young, of ai south
n.o.ni sir) It re tarl:l. Wlllcesbarre. Penna.
"When I bad tlione mUliapt I began to think
1 would never have children. My bsclc uied
to nlmct break and I would get sick at my
stomach and have iich headaches I did not
Unnvr what to da; thev used to let me nearly
crazy, and I ued to dread to get un, I felt o
badi then I begju taking' Dr, Pierce's Favorite
Prescription, wnen naoy ws expeexea i iook
It all the time I was that way. I felt fine all the
time, and I never g't tho dirty spells now. I
tinnlK' cvi-r have n nervous headache anv nore.
1 have a perfect romp of a boy; he Is the light
of our home. I am now twenty years old and
my baby l almost eight months old. I now feel
well, ana wcign Ifo pounas. ami inr uauv i
pounds. We feel very grateful for the good y
medicine did for us. We are both healt
thanks to Dr. fierce medicine "
Dr. Pierce's Pleasant Pellets Veep the
bowels healthy.
v
I Bab v
M stands
the word people use
when quotingWOOL
SOAPand stating
their views
Use Swift's Pride Soap in the
polntmcnt ot appraisers who will put a j experimented w Ith It nnd have gotten good
price on lots 1 and 8 In block H, nnd lots results. Thl year's bay crop, which Is the"
1 and 8 In block G. These lots lie along the j only thing wo rnlsc In any quantity In the
west sldo of Eighth street between Fnrnam caltlo country, wns excellent. The valley
and Howard streets and are sought by the' and the old lake beds can always bo dc
Northwestern company as a location forjpended upon to tnnkn good hay, eveu In a
freight depots. Tho company states In Ito
application for tho condemnation ot this
property that Its present freight depots arc
Inadequate and that It must have ground
for additional buildings.
llnrllnRton Tnke I'reenullons,
Upon receipt of tho news that Judge
Dickinson's decision In tho trackage In
junction case bad been favorable to the
Northwestern, tho Burlington officials took
tho precaution to derail a car on the dis
puted Eighth street crossing. Previously
eight extra rails had been spiked down be
tween their tracks, making twelve in all,
which must bo removed before tho crossing
can bo made.
Apparently the Northwestern mado no
move to take forcible possession of the dis
puted territory and the usual quiet was un
disturbed. A Northwestern official Mild
that his road preferred to wait until tho
necessary ordinance had been passed by Ihc
council and then nothing would bo allowed
to deter them from entering Into possession
ot their tights,
Creut I.uek ot nn Killtor.
"For two years all effort to cure Eczema
In l he palms of my hands failed," writes
Editor II. N. Lestcrn of Syracuso, Kan.,
"then I was wholly cured by Bucklen'a
Arnica Salve." It's tho world's best for
Eruptions, Bores and all skin diseases. Only
2fc at Kuhn & Co.'s.
GRANT COUNTY AND GRAZING
Cnttle tiroiv Iletter Thnn Corn In the
nnil Hills nml Fnrmers
Know It.
Grant l one of those Nebranka counties
which did not raise a single bushel of grain
this year, but when It comes to cattle wo
don't take a back scat for auy ot them."
said It. M. Moron, a Hyannls cattleman
who was on the South Omaha market yes-
terday with twenty-eight carloads of fat
Band-hill cattle. "We learned long ago
what the country Is good for and we don't
attempt the Impossible by trying to farm.
Tho range Is In better shape than it has
ever been at the beginning of winter.
Ranchmen generally are holding over their
2-year-olds and much more stock will be
wintered than usual." The profits of this
year's work may ndt he as largo for tbo
average ranchman ns those of other years,
owing to tho fact that the price of feeders
has been unusually low, because farmers
havo had no corn to feed them and there
fore have not bought them freely, but on
the whole wo are In good shape financially
and expect to mnko It all up next year.
"Alfalfa is getting quite a foothold in
lh esiern Nehraska cattle country and
, ,
w ll eventually become a staple crop. eVen
1 - , .
where not Irrigated. Many ranchmen have
. , Ailinelait
fllB L055 HQJUSIBU
T, lalklK lm,chno K the lilonl gift
for elilltlren-It develops tho muslonl
sl!nSo by tonclilni; them tlio best 111 sons
. .
artists of the world TllC DPSt nnd
hnnnpsr Ih the now Disc Tiilkllii: Mil
chine with Its liidesetruutlule recorcin-
froin $18 and up-Sold on ensy pny-
mentf.
Piano, Pictures nnd Musical Iiistni-
intuitu now belnp; prepared for 1Mb
Sale. A wnlt announcements.
A. HOSPE,
Muill Mi Art. 1513-1615 Outfit.
Women's $3.50 Specials-
Stop juRt ii moment while we tell you
about our new Uiexel Hpeclalu these
for the women the very liulght oC
fashion with wide extension edges
with yellow rope stitch natural OnUhcil
' sole and heel In enamel patent colt
patent calf and viol kid uppera-cvuiy
one an exchiftlvo style not shown In the
city anywbero else but nt Drex L. Shoo-
man's you enn't tell the difference be
tween them and the shoes that sell at
$5.00 It will pay and Interest you when
you come and see them.
Drexel khoe Co.,
New Fall Catalogue Novr Itaaily.
Omaha'a UpMo-date Hhoe House.
Hill KAIINAM STIIHET.
Little Stove Talk , t , t ,
Wo ate not iisklug high-water prices
on our stoves and i-hhrob wo warrant
every onu of thoni and wo know they
give satisfaction tho Favorlto Base
Burner Is a stove that saves money in
coal bills and gives tho greatest heat
from the least amount of coal of any
stove mado tho prices range from $20
up, . Then wo havo tho Hermetic Fa
vorite Onk Stove from ?10 up. If yon
are going to buy a rango let ns show you
the Favorite Steel llango the best
range uiude ?.'IO up. Don't forget we
nre the agents for tho old reliable Ma
jestic Steel Mange. Don't buy a stovu
or ranee till you see uh.
A. C. Rayttier
liulldcra' Hardware and Tools.
1514 Fariinm St.
for Model
a-Mm
Laundry.
scacon of drouth."
FIREMEN'S WORK APPRECIATED
A, llunpe Wrllen 11 Letter of Cimu ril 1 11
I11II011 tu Chief Sillier mill
Ills .Men.
In recognition of the work done by tho
fire department In putting out tho fire at
his store on Tuesday A. Hospo h,if sent
to the firemen nt engine houses 1, 2, .1 and
4 complimentary boxes of rlfiar.i. In his
letter addressed to Chief Sauer and his
assistants) he says;
I wish to add words of prnUo for the
eiiiclcnt ttiiinticr In which you managed this
most dangerous tit o 11 nil I can Justly statn
inni 11 is one 01 nie nest pieces nt 1110
extinguishing I have witnessed slueo I was
011 the volunteer department under Oal-
ngan in inn nun 1 wish to nun mat
the men tnnk extra cam In preventing
loss from being greater from water dnni
ago by covering the ensea of goods In
ilnnzer.
The members of tho englnn companies
have asked The Hoe to exprchs their thanks
publicly for the acknowledgment of their
services.
OMAHA. Nov. 27. To A. Honpe Ucu r
Sir The members of engine company No, 2
herewith beg to return their sincere thanks
for your generous remembrnnco for tho gift
Itself, but moro for the kind words of ap
probation nnd appreciation of honest efforts
In tho line of duty, especially us such words
of cheer are rare While wo bavo but done
our duty, tho recognition ot It gives us
great satisfaction.
MEMHEItS OF ENOINE CO, NO. 2.
CRUTCHES
The best quality ol
maple crutch, per
pair, $1.50.
Crutch Tips, 25c
a pair.
Postage 5 cents.
The H. J, Penfold Co.
Deformity Brace Manufacturers.
1408 FA UN A. SI ST., OMAHA.