Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 31, 1901, Page 3, Image 3

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    THE OKA HA DALLY BJb
i
DECEM1VEH 31, 1901.
IE:
LEGAL ADVICE FOR GOVERNOR
tlon i.nd Is being vigorously opposed by
the Meventh Kloor Stalwarts,' under tho
leadership of Charles rfolctor, It Is
claimed that InFotlcttc used his Influence
. t i n . -
IfT.rt Made L Arm 8TaSe Tfith Inth.nt; , Bp0ncr am, c,hat he hB8 altomptC(, t0
in Onaha Can. j usurp the authority of the legislature In
I several public matters. He Is also charged
I with attempting to dictate tho policy of the
rrlUUI nni) YYtbaiLK stA'.ut law buuis i republican party Iri the state and with try
ing to railroad his pet primary law. through
the legislature. He was the aggressor sev
eral months ago, but Is now entirely on tho
defensive.
In the factional fight that Is being mado
no charges are mado against the personal
character of the governor. He Is admitted
to be above reproach In this regard, but
hla ofllrlal conduct has aroused much In
dignation among those who claim that he
has not kept faith with them.
"Indications point to tho re-election of
Senator Snooner without opposition, and
ho la ttlng mentioned some ns a candidate
for the presidency In 1001. He Is not closely
Identified with either faction In the pres
ent fight, and It Is said that the governor
does not entertain any unfriendly feeling
toward him.
"Tho element that Is opposing LaKolletto
has united on no candidate. Their first and
only object Is to prevent the present gov
ernor's rcnomlnatlon "
VENTILATES STANDARD OIL
Ittfrotj Guiral Front Rtpliii to Fartiiai
Attacks.
I
FACTS OF ANTN TRUST TROSECUTION
Within Two Week Tlie .Mnr Vlrlil
Op 1 11 1 it ti mi I'iiIIco 'inn in I ii I 11
Hint llmorinir Will He
WlllllIK tu Aiecpt. '
(From a Htnft Correspondent.)
LINCOLN, Dec. 30. (Special.) Notwlth- )
standing the fact 'that Governor Savage has
given It out that he did uot want to be
bothered with the Omaha police conmli-
Inn appointments until after tho forty
days had expired In which motions for a
rehearing of the lledcll case may be filed, It
Is known that efforts arc- being made tu
arm him with Iciral advice- tulTlclcnt to
ratlsfy him that ha may act. It will be
lemembercd that bh soon as the decision
vbb handed down the governor hurried
back from Chicago to be on the' ground
promptly with Ills police commission ap
pointments, and when Jt wnii fouud that
thiro wan some question still as to the
legal staluu of the subjeot. he called upon
Deputy Attorney (ieneral Drown for an
opinion to bu rendered at onrc in the ab
tento of tho attorney gencraf, who was In
Washington In attendance upon the su
preme court thtire.
Deputy Attorney General Drown looked
up tho law, with tho conclusion that the
governor would have no more assurance of
ncatlng his appointees than had Governor
l'oynter before him, but when hu reduced
bis views to writing nnd offered them tu
tho governor tho latter reliwed to accept
them. Not willing to wait 'until Attorney
General Trout, who una still absent, should
have returned, application wns made tu
tho Htipremo court through Judge1 Ilolcomb
for Instructions and guidance for gubcrna.
torlal action, but the court politely de
clined to furnish the Information.
lu the meunwhllo Attorney General Trout
returned and the matter was referred to
him, and pending his Inability to lorntp tb
requlolte authorities it was announced that
tho governor was In no hurry after all nnd
would not give Omaha police matters oven
another thought until the forty-day limit
for tho Issuance of the mandate had come,
tho expectation being that by, that time,
with tho retirement of Judgo Norvtil from
the bench and tho accession of Judge Sedg
wick In his place, something might turn up
to straighten thing out.
In tho meanwhile, however, Attorney
General Trout Is still at work trying to
find material for an opinion that will re
verso that formulated by his deputy. It
is said that he has sought the anslstance
of John Ij. Webutcr of Omaha and the
whole thing Is now up to Webster to give
the governor the legal framework upon
which to etnnd. Two weeks remain of the
forty dayn' stay, during which the attorney
general will wait upon Mr. Webster nnd by
that ttmo the tomes of legal lore tiro ex
pected to give forth nn opinion for the at
torney general which Governor Savage will
bo willing to accept.
Aililut' .School Cnnmilliliitli.il.
An abstract of the last reports of all
county superintendents In the state was
mado public today by . Superintendent
Kowlcr. Tho period covered Is tho school
year of 1900-1901.
lliirlliiKlou I'llr Article".
Articles of Incorporation of tho Chicago,
Durllngton k Qulncy Hallway company
were filed late this afternoon In the ofllce
of the secretary of state. The fee paid for
having tho document recorded was $10,
001.60. Tho capital stock of the company Is
J100.000.000 nnd tho Incorporators named,
who comprise tho board of directors, are:
J. C. I'eatiU'V. J. M. Dcrlng. J. A. Conwcll,
I W llnt.1u.ln n,l I" M. ShpltOn. TIlO
company Is Incorporated for fifty years
from October 15, 1901.
Tho filing of these articles will permit
tho now company to carry out Its contract
nnd operate Its lines as the lessee of the
Chicago, Durllngton Qulncy ltallroad
company, whose nanio Is different In th!
one word only.
lliitiTimr on i Vnrntlon.
Governor and Mm. Savago wilt leave to
morrow for Alexandria, La., where they
will bo guests at tho homo of a friend of
tho governor. They will return to Ne
braska about Jonuary 20.
Mi fur Hide for n Uunrler.
Tho city council tonight passed an ordi
nance rcmilrlng tho Lincoln Trnrtlon com
pany to sell street car tickets at tho rato
of S cent each, or six for 23 cents. Tho
present rate Is D cents each, or eloven for
30 cents.
Ilcoelvrr for fiiitlientinrn llnnk.
The State Tanking board has requested
Attorney General Trout to apply In the dls
trlct court for tho-appolntment of a receiver
for the Stato Dank of Oothenberg. which
was closed last week. Tho Institution Is
temporarily In tho bands of Dank Examiner
K. E. Enimett.
Cliilni INMinril for Conl Kind.
Application for tho state reward offered
for tho discovery of coal wan mado to the
governor today by Layton Dutln and Jnmcs
Johnson, who claim they havo found coal in
paying quantities about live miles south of
Mllford.
ClinnKf In I'lnnrcrn' Untr,
President H. W. Furnas of the Nebraska
Territorial Tloneers' association announces
that a change has been mado In the date
of tho coming meeting, which will tako
nlnun nn Wnilnnailjiv. .Innunrv lfi. In the
f Stato University chanel. Instead of Jnnuary
"Tno report snows tnni tne small scnoois i u as prcvously advertised. This has been
are greater In number than most of us
know," said Mr. Fowler. "There aro 489
schools with,. an, nvcragq dally nttundnnco
of live 6r lees, 1,841 with Urn or leas, 3,628
with fifteen or)eas and 4,771 with twenty
or less. Thero aro about 6,300 strictly
rural school districts In tho stato. This
makes nearly three-fourths of our
"rural school districts In each of which. Is nn
average dally attendance too small for vlg
rroua, Interostlng-nutk profltnblo work, either
educationally, socially or llnanclally. No
time need be spent In rehearsing thesB
facts. No sohool can claim condition, for
good work If It havo less than twenty-flve
pupils, yet thero nrti 4,771 rural schools
In Nebrnskn In operation with nn averago
dally atenilancc ranging from one to
twenty pupils. I bollevo we aro nil rcody
to untto upon the proposition tha. tho
pupils In these small rural schools must lu
collected Into larger anil better school!,
with better teachers, better paid. It docs
not matter how much we deplore tho con
dition which mrtkcH consolidation of nclioob
necessary, the fact remains that It Is tho
only rational solution of tho question that
has been offered."
I' I nil inn! tinnie MntlerN.
Superintendent V. J. O'Drlen of tho Stato
Fish Ilatchorles today deposited tho pro
ceeds of the salo of fish, amounting to $291.
In tho stato treasury. The fish were sold
for private ponds In accordance with a pro
Vslon In tho Nebraska game law. This pay
ment was the first at ItH kind ever made.
Instances are known where llh havo been
sold from the hatcheries In former yoars,
but none of tho proceeds ever found n wnv
Into tho public treasury.
Tho chief deputy game warden calls at
tention of sportsmen to the fact that all
licenses Issued by Ills department will ex
pire on December 31. nnd that now licenses'
for the ensuing period will bo available at
the various county scats on Janunry 1.
Thesu llcrnsoi may be obtained from the
county clerk.
.Nov (.'iit-porn t Ion.
Secretary uf Stato Marsh today legalized
tho following corporations:
The Cedar Hnplds Improvement company
of Cellar Haplds, capital stock, $20,000; In
corporators, Seth A. lfftdloy. Addle D. Had
ley. N. E. Southwell, Franklin H. Head,
John Stuart Crosby; for dealing In land.
The Omaha Mantle company, capital stock.
$10,000; Incorporataors, M. V. Kellcy, II. O.
McGrew. M. E. Kellcy; for tho manufacture
of mantels for gas ami gasoline lamps.
Clnuci'' on WIicoiirIii I'ulltlOH,
"A. determined factional light Is being
waged by tho republicans In Wisconsin,
and the general belief In thnt state today
Is that the element led by Governor La
Follcttn Is already worsted," said Trlvato
Secretary U. J. Clanccy who returned today
from n visit In Madhon und Milwaukee
"The governor Is a candidate for renomln.i-
done to avoid a conflict with an Important
meeting of the State Historical society on
the latter date.
Lincoln Cliurcli Deillcnti'd.
Tho Advent Christian church was dedi
cated yesterday, tho services liplng coiv
ducted by Itov. It. A. Dixler of Hoyt, la
Evangelist Spehard, Dev. Durrlngton and
Ilev. Francis assisted. Seven were re
ceived Into tho church nnd flvo wero bap
tized. The meetings will continue for :
couple of weeks at Twentieth nnd N streets
Tho Dentil from l)lilitlicrln.
Two deaths In two days hnvo occurred lu
tho family of C. II. Dice, residing at 238 II
street. Diphtheria was tho cnuse. Tho Ave
children nnd Mrs. DIco were afflicted with
the disease. All but two wero convalescing
Olllo D. Dice, tho youngest, aged 9 months
died yesterday, nnd the next youngest child
but one, William It. Dice, aged 3 yenrs, who
was thought to bo getting woll, died this
morning,
FARMHAND COMMITS SUICIDE
rnmiccrf ill Love AITnlr Unlinlniicm
St I nil of Vitalise .Mini In
Grnnil IkIuiiiI.
OHAND ISLAND, Neb., Dec. 30. (Spe
clal Telegram,) Saturday after dinner at
tho tho farm home of Henry Selcr. John
Dreler, a farm hand who worked for Seler,
picked up his hat and without tnklng his
coat or saying a word walked from the
house. That was the last seen of him
until ho was found this afternoon hanging
to a tree several miles from tho house
In the meantlmo searching parties had been
nil over the surrounding country looking for
him. Tho place where he was found lato
this afternoon wns not searched, His cm
plqyer says that for the past two wooka
young Dreler has been more quiet and rn
served than usual, remaining nt homo In
tho evenings and not mingling much with
others. It Is believed his mind was some
what unbalanced on account of an unsuc
cessful lovo affair. Dreler was about 23
years of age, strong and able-bodied and
an excellent workman, Ills parents llvo In
Grand Island nnd aro qulto aged. Coroner
Hoeder this evening called at tho scono
and looked Into the affair. Ho expects no
Inquest will be necessary.
2v
Itlriice of Whli'h 1'ront's Prrdfeen.
nor llonntril In All Itejccted a
In sit file I tint by the
Itefcrers,
(From a Staff Correspondent.)
LINCOLN, Dee. 30. (Special.) Attorney
Qeneral Troul today mado tho following
statement relative to the newspaper com
ment concerning tho Standard Oil com
pany litigation in this state:
Tho Worirl-Hiirnlfl In n n,i.flnl rwlltnrtil
has misrepresented my olllclul conduct In
Otinect on with Hie anil in nmhltil! tlin
Standard Oil company from doing business
In this stnte. My predecessor, over his
own name, has used tho columns of the
New York Evening Tost for the samo pur-
iiun- nun ior wie iuriner purpose or com-
mnlllll III- the. Il I V. .-, - l,n.tr,,..
and etllclency of ills own public services In
attempting to drive tho Stnndurd Oil com-
pnny out or Nebraska. His published state
ment was copied by the World-Herald and
mado the basis of Its editorial assault upon
me. i nave previously iiorno Willi patience
the unjust nnd partisan attacks made upon
mo bv the Worli!ll.rnlcl nml hv inv urn
decessor, but the time has come for the
iruwi in no Known about tne prosecution or
the Standard Oil company.
In lKfl thn lpcfal.atllri tinitp,1 nn nr( "In
define trusts and conspiracies against trade
ana ousiness, declaring tno same unlnwrtll
and void, and providing means for the sup
pression or (lie same, aim remedies ror
persons Injured therphv. unci In nrnvidp
puhlshmcnt for violations of this act."
This, law hair been on tho statute books
nearly two years before my predecesfor
Rttemnted to enforcp lis nrnvUlntm nn
against the Standard Oil company. Finally.
.uvciiiiKT .., is;v, ne commenced n sun in
the Etiprcme court to oust It from doing
business In this state, on tho ground that
It was violating the nntl-trust law. Itef-
erees were suhserfucntly appointed to tako
testimony, nnd the former attorney gen
eral sought to nddilcn before them evidence
snowing mat tne standard oil company
was a trust within tho meaning of the
statute.
Predecessor' lnllp K (Turin.
The record shows that hp nrnenrpil nn
motion an order of thp supreme court di
recting the company to submit Its books
to insDCCtlon. Tlui order ivna linn vnlllnir.
but In nn aflldavlt reciting futile efforts
on bis part to obtain material testimony
In Omaha. Chicago und New York, ho
stated under oath that after diligent In
quiry he was unable to locate any of the
desired witnesses, nnd that he abandoned
tor tne tune being tno nope nt procuring
their testimony, lie" further deposed and
comniniiieu to tne subrcme court:
"Afllnnt further states thnt ho doe nnt
know who the secretary of tho defendant
company Is, nor does ho know the name
of the person or persons who have the
charge and custody of the books mentioned
lu the motion Hied herewith, excepting the
dook or cooks snowing tno snipmcnt or on
by defendant company Into Nebraska nnd
tne sources trom wnicu tne on is ueriveii.
l.aier ex-Attorney tiencml Smyth re
ported to the Governor as follows:
"In the work of enforcing the law ncalnst
trusts my greatest difficulty hns been In
procuring evidence, but If the decision on
tho motion to Inspect the .Standard Oil
company's books bo in favor of tho 'state,
not only the power of tho stnte to control
trusts, but nlso Its power to compel them.
whether foreign or domestic, to furnish
evidence against themselves will be set-
tied.
The sunremp en:irt nrdprod thn Kin ruin r,l
Oil company to submit Its books to Inspec
tion, inn me i?taiiiinrii un company paid no
attention to the order. The fame of the
trust fighter, howevpr, had spread beyond
the boundaries of the state, and lu reply
to an Inquiry from Mount Vernon, la., he
wrote to W. It, Felton shortly before tho
close of his four year of service In tho
oiiieu oi attorney general as rollows:
"Ah yet I have not been nhln In rpnrli n
final decision In nny of tho atitl.-trust suits
which i commenced, nut it is my firm opin
ion, from a careful study of the question
tnat there Is but one power cupnble of
dealing effectively with tho great trusts of
win country, and tnni is tno redernl govern
ment. The states may deal with local
trusts that Is, trusts that confine their
business to one particular state but they,
as n rule, are not very Injurious, nnd the
abolishment of them all would leave the
great trust evil almost untouched. The
great trusts of the country, those that af
fect the life of the nation, are the ones
which ore engaged in interstate commerce,
nun inn niuit'ii ciinnot toucil mat com
merce. uiunniai report, page 7S.
I, cm en Only Two llociiiiicn tu
My predecessor had behind him In his
prosecutions tho tnnchlnery of the execu
tive department or government. IIo had
miner nm control tne means to employ ilo
"d npucini counsel to assist 'film
lu discovering evidence that the Standard
Oil company was n trust. In quest of such
icMiiinoiiy no went to umana, Chicago an
.-mow orK. in tne exerclso of tho great
jiuni'in minmmrii to his care and as the
result of an otllclal zenl which mado him
fninOUS he left to inn lit Dip clnun nf 1,1a
official term only two documents which In
nny manner tended to provo that the Stand
ard Oil company Is doing business In viola
tion of the anti-trust law. This Is an In
disputably fact shown by tho record and
uy- mo R'liuri ui me reierees.
The first of the documents mentioned Is
ii ueiinniiinu oi neorge nice, a person hav
ing no connection with tho Standnrd Oil
pnmranv flf thin ,l,,alt I... t ti
r ' u.l'untliuu .,,1. null III
lu his publlshcdfnssault upon mo says:
"I attempted to get tho deposition of
i-i-iuiin in iii oincrra or tne company, but
failed. I then took tho dcDosttlmi nt vr
Oeorcc Itlcc. but. not beinir niifUM,i i,,.
It wns sufllclent, I applied to tho court for
an on cr on hip trust to permit mo to In
snect its books.
, A. examination of the deposition wilk
Jmtlfy his "not being satisfied that It was
Ul 1 111 (,ll,1 I " It ,!-. II ,i.1A. 1.1 ... -
............... ... ..n "'"ii ur mm nnd uiea
during his term of ofllce. It wns rejected
by the referees because It had been trans
mitted to the clerk of tho sunremn cnnri
Instead of the referees, Defore the seal of
nm iit-!nr,iuuu nun iiroitcn .Mr. mvth Knew
that It had been sent to tha clerk instead
oi me it'ien-t-, runuwing is tne
mat point;
e record on
Smyth, at
Given
I'll ,elirnskii Church.
VEIIDON. Neb., Dec. 30, (Special.)
Dev. A. K. Wright, pastor of tho local
Christian church, has been appointed slate
evangelist for Idaho. He will rcxlgn his
pastorate hero March 1 nml leave with his
family for his new field.
Trlckly Ash Hitters cures tho kidneys,
regulateB the llvor and purities tho bowels.
A valuable system tonic.
Kodol
Digests
what you
Eat
i
Dyspepsia Cure
Just so suro ns water tllssolvcasugar, justsosuro will Kodol Dysrar
bia Cuius digest your food; It's on tho samo Ronenl principles. Itcon
alns tho samo elomonts as Nature's dlgcstlvo Hums, so why wont It
actlncxactly the samo manner? It will. Itcan'thclnlt. That'swhy
It never falls to euro tho worst cases of Indigestion and dyspepsia where
other rcmedieshavc failed. A lit tlo Kodol DysrErsiACunu after meals
will prevent that terrlblo distress and helchlng so often experienced.
"For years I sought a remedy in vain until I tried Kodol Dystetsia
Cuiie, It has no equal as a stomach and dyspepsia remedy and I have
tried all I could And. M. O. Edwards, 1422-lOth Ave., Altoona, Pa."
It can't
Prepared by K. O. Vow Itt & Co., Chicago. Tho ft. bottle contains 2H times tho 60c slM.
VVheu you sutler from biliousness or constipation, uso tho famous little llvet
DllUkuown as DoWltt's Llttl EARLY RISERS. They never grip.
i. u. vj. cuwiirus, n-iui.u avc, aiiuuiiu, 1 !
help but do you good
& Co., Chicago. Tho ft. bottle contains 2K times tho 60c a
'Opened by reriuest of C
torncy for stnte.
"LI3B IIEUDMAN, Clerk.'
No I'nult of I'riHit'ia.
It was no fault of mine that tho referees
excluded the deposition on iicrmmt n .in
fects attributable to my predecessor, nor
did the duties of my ofllce reitulre mo to go
inruuKii un iniu pi'riornianco or patching
m I, ucniDiiiuu iiii:ii, ii u couia in any
,,i., i,u niiiuu imiuissiuit', would 00 "In
sutllclent."
My predecessor exhausted Ills resources
to procure material evidence against the
Standard Oil company. And the state. In
in., jiiiihiiii'i", I'lui't-ii it-lieu on tne nttr
flclency of lis efforls In that illrnctlnn
The other document left in mv hnmu i,v
my predecessor wns an aflldavlt purporting
io piiin, ini- i-iioii-iiin oi lilt! HOOKS Or the
Stnndnrd Oil comnanv. flf thlu nni,i,,.i.
Mr. Smyth in his newspaper assault upon
me said:
"lie then presented an Improper nflldavlt
with respect to the contents of tho books
of the trust.
Would nny ono nnt familiar with tho
cane ever inspect mat the "impropei
nflldavlt" was made nnd tiled In. tho hu
pre me court by t . J. Smyth? Vet such Is
the fact. The aflldavlt was his. not mine.
The nflldavlt was rejected bv the referees
on tho ground thnt It was made on Inform
ation and bllef. Instead of being sworn to
pu.-iiiivi'iy, mm Di'ciiunu niuant stated con
clusions of law Instead of foots. I iliil mv
predeceshor the credit to assume that hd
noted aiiviseiiiy m nuiKing his nftldavlt
no nan previously sworn that ho did no
know the name of the tu'crxtnrv n.i ,.r
know where tho books wero nnd could not
get the testimony of officers of tho com
pany. Tho company refused to produce
the books. How then could ho testify posi
tively what the books' contained'' Having
himself refused to swear positively that
the books of tho company showed It was
trust, nn now uiiriuutes mo dismissal of
the suit to mv failure to sweur nnHlilvolv
to the contents of books he had never heen
able to locnto In four years of his ofllrlal
life. I could not havo made such an affi
davit without committing perjury any more
IIIUH HU IUUII1.
Kvlilrncr All llejroleil.
I did. however, offer beforo tho roffrees
every syllable of evidence left In my hands
ny my pieoecefsor. it wan all rejected
mm uir ii'iinTs hviii tnat it was insuill
clcnt I expected nt tho time to their hold
lug. as shown by their report, but the
report was eonnrmea by tno supreme court
The statement of the World-Herald llmi
"tho evidence wns at his hand placed
llieru uj iiif in rui-i-maiir. unu me suite
merit of Mr. fimvtll Unit "all thn mr.in n
success had been placed lu hU hands bv
me." are. therefore, according to tho record.
the report of the referees una the ludgment
I tne supreme court, atisoiuteiy (nise
Insinuations that I seek to nut "thn hl.inw'
upon the referees and the court are equally
false. The record nuts the responsibility
witn unerring certainty wnere u octonge,
and It cannotT iewhre by mis
representation 1th r piian criticism.
I desire mc defense, but tho truth, which
linn not nil heen Admitted bv mv predeces
sor, nor published by tho World-lfernld.
a . a, i ituL i,
i
WARING HELD FOR FORGERY
Son of Onin.hu Mnn AlleHcil to Have
I'm swell Mnnr VniX
Check.
COLUMDUS, Neb.. Dec. 30. (Special
Telegram.) Tho young man under arrest
at Columbus for forgery, Postmaster Kra
mer having endorsed a check for o0 for
him, la Frank E. Waring, son of the well
known Omaha court reporter, H. M. War
ing. Tho father was hero yesterday and
says he Is making nn effort to have hlra
sent to an Insano asylum, as his mind Is
clearly unbalanced. Tho father nlso says
that tho woman with hlra Is hla wife. She
accompanied the senior Waring to hla home
In Omaha. Young Waring has made regu
lar trips here for six months or more for
tho Elliott & Hatch Hook Typewriter com
pany, whoso signature ho Is alleged to have
forged, nnd his conduct never excited sus
picion before. His preliminary hearing
has not been held. Ho Is wanted at Slblov,
la., whero he gave the name of H. F. 1'rlce.
nnd also at Worthlngton and Luvcrno,
Minn., and Creston and Atlantic, in., tor
similar, charges. His wifo was heart
broken and objected seriously to leaving
him.
Kxplnnatlnn from the Fnlhrr,
Henry M. Waring, tn referring to his son's
condition, says:
"I had hoped that publication would not
bo mado of tho fact of my son's arrest
at Columbus, nnd It Is with regret that I
find I am compelled to take tho public Into
my confidence with regard to family mis
fortunes, but In view of tho wldo publica
tion of tho doings of my son, published In
tho Council llluffs columns of tho city
papers, I deem It necessary to do so, es
pecially In vlow of tho telegram from Col-
umbqs giving his truo nam,c. Much that
has been published In tho council niuns
columns Is untruo or greatly overdrawn,
while thero Is eomo truth In some of those
statements. I suffered for a long tlmo In
silence, and paid out dollars by tho hun
dreds tn an effort to keep tho young man
straight, but found It nn Impossibility.
Somo tlmo ago I became convinced that he
was not mentally responsible, nnd filed a
complaint ngalnst him, charging him with
Insanity. Ho was apprehended, and arter
consultation with tho Insanity commission,
In view of the fact that they did not
bellevo that even if they committed him
to the asylum that he would be kept there
but a short time, It was thought best to havo
him committed to ray custody, which was
done. I placed hlra In a private Banltarlum,
but tho expense was too great for me to
stand, and I withdrew hlra after a time.
Subsequently I again placed him there for
a short time, He suddenly left town and
heard nothing more of him until No
vember 27 last, when the sheriff of Wash
ington county Informed me that ho hnd
him In custody, but that tho charge against
him has been withdrnwn. I went to Illalr
from Teknmah, whero I was then attending
court, nnd my wife brought him here. Owing
to the fact that I expected to bo absent
from tho city llmost constantly for sov
oral weeks, (which has proven to be tho
case, having rcturneu to mis city irom
Illalr one week ago last Saturday nt the
close of the term there), I had not tho
tlmo to determine what to do with him, and
so kept htm In seclusion here until I could
return homo to Btny, when I could deter
mine what to do with him. The day before
I returned from Blair he left the city,
An soon as I returned homo nnd found
hlmgone, I .Immediately set to work to lo
cate him. nnd from Monday a week ago 'I
havo traveled nearly 1,500 miles on false
clues, besides telephoning to numerous
places within nnd without the state whero
I hoped to npprchend htm. On Saturday
I was informed he was under arrest at
York, not David City, and was to bo taken
to Columbus, to which place I Immediately
went. I firmly believe the boy Is not "men
tally sound, and honestly believing that I
Bhall undertako to demonstrate It beforo
tho proper tribunal nt the proper time un
til when I trust the public will withhold
Judgment In his case."
ICY SMILES OF THE YEARS
Old nml New Give Sunny Skies, lint
Mnlntnln n Tnnch of
Frigidity.
WASHINGTON, Dec. 30. Forecast:
For Nebraska and South Dakota Fair
and colderTuesday; Wednesday fair; north
west winds.
For Iowa Fair Tuesday and Wednesday;
colder Tuesday in west and central por
tions; northwest winds.
For Illinois Fair Tuesday and. Wednes
day; fresh westerly winds.
For Now Moxlco, Oklahoma and Indian
Territory Fair Tuesday and Wednesday;
variable winds.
For Kansas Fair Tuesday and Wodnca
day; coldor Tuesday In north portion; west
winds.
For North Dakota Fair Tuesday and
Wednesday; warmer Wednesday; variable
winds.
For Montana Fair Tuesday and Wednes
day, except snow In extremo northwest;
westerly winds.
For Wyoming Fair Tuesday and
Wednesday; varlablo winds.
For Colorado Fair Wednesday; warmer
In western portion; Wednesday fair; va
riable winds.
For Arkansas Fair Tuesday and Wednes
day; light north winds.
For Missouri Fair Tursday and Wednes
day; colder Tuesday tn northwest portion,
westerly winds.
Local Hrcoril.
OFFICK OF TUB WKATIIEIt BUREAU,
OMAHA, Dec. 30. Ofllclnl record of tern
perature and precipitation compared with
tho corresponding day of tho last three
years.
1901. 1900. 1S99. 189S.
Maximum temperature... 49 30 10 8
Minimum temperature.... 31 C l
Menu temperature JO IS S 4
I'reclpltatlon Ou .01 .ft) .c.'
Itecord of temperature and precipitation
at Omaha for this day and since March 1,
ioii
Normal temperature i
Excess for the day is
Total excess since March 1..., KM
Normal precipitation 03 Inch
Deficiency for the day 01 Inch
Precipitation since March 1 21.11 Inches
Deilclency slnco March 1 6.07 Inches
Excefs for cor. period lftnO 01 Inch
Deilclency fir cor. period U99.... 1.3S Inchea
Itcporln from Mlutlonii nt
ST1TE SCHOOL TEACHERS
Adrian Qntrd Arrim ii Licli fir
Annul ItiiUi,
FULLY FIFTEEN HUNDRED EXACTED
Lincoln Ilrmnntls I'lnco nn flxecntlre
Committee Wnterhonne nnd Some
Others Object tn He In it Cnn
dldnte fur President.
(From a Staff Correspondent.)
LINCOLN, Dec. 30. (Special Telegram.)
Tonight's trains brought In tho advance
gunrd of members of the Nebraska
Stato Teachers association, which will bo
tn annual session hero on Wednesday,
Thursday and Friday of thU weok. A few
preliminary meetings will be held tomor
row, but the renl work of tho convention
will not be begun until Now Year's dav.
President Hcltzraan of Dcatrlco nnd J. 1).
French of Hastings, members of tho ex
ecutive committee, arrived tonight and es
tablished headquarters nt the hotel. The
officers confidently expect an attendance of
fully 1,500 teachers.
The program for tomorrow consists of a
business session of county superintendents,
meeting of tho Nebraska Educational
council nnd a high school debate. In the
debate the high schools entered are: Omaha
Lincoln, Uentrlce, Nebraska City, Creto
and York. Wednesday thero will bo lab
oratory demonstrations at tho unlversttv
and meetings of the various auxiliary asso
ciations, Including the county superintend
ents and the educational council, nnd tho
dny's exercises will close with a general as
sembly at tho auditorium.
With the members who arrived today
camo several who aro talked of for presi
dent of tho association. Hut llttlo political
discussion Is heard, however, and It Is
not likely that efforts will bo mado tu be
half of any candidate until Wednesday.
when practically tho full attendance will be
on the ground.
President Slinnlil lleiipllt Atntoclnt Ion,
Prof. Condra of Lincoln, who has been
mentioned for tho presidency, said this
morning:
"What Llncqln should havo Is a place on
tho executive committee. As for tho prcsl
dency, tho president should bo ono who
will bo for tho benetlt of the association,
Instead of one to bo benefited by the asso
ciation. What use has been mado of my
name has been entirely without my know!
edge or authority."
Superintendent A. O. Thomas of Kearney
was In the city this morning. He, too, has
been mentioned for the presidency nnd was
an active and promising candldato last
year. He said this morning:
"It's only nonepapcr gossip. Two re
ports aro always circulated by the papers
at these annual sessions. One Is that Su
perlntendent I'earse Is coming down from
Omaha with his head filled with plans nnd
cchomcs, and the other Is that I am coming
with similar aspirations. Tho first I hnd
heard of my candldncy this year was when
I saw It In tho papers.
"As to tho attendance this year I fear It
won't be quite what It was lost year. I
hopo It will bo up to the record, however,
but thero are so many of tho schools tn tha
North Platte district that are lu session
this week thnt tho attendance will bo af
fected, 1 foar."
IVnlr rliiuinc Olijcctn.
Principal Wntcrhouso of Omaha obJcctB
to having his name linked to certain pollt
lcnl movements within the organization. Ho
has written'
"In tho numerous political forecasts
made for the coming Stato Teachers' as
sociation I havo seen my name mentioned
ns that of one of the candidates for tho
presidency of tho association.
"I nm not and shall not be a candidate,
It Is an ever recurring Impression wtlh me
that thero should bo no candidates. Tho
Sthto Teachers' association wns organized
I suspect, and Is maintained for tho pro
fesslonal advancement of nil Interested In
educational work and not for tho local glorl
flcatlon of nny Individual. There should ho
no candidate, but when any man's work or
position In the profession Is of such
character as to bo an honor to us all, ho
should be mndo the spontaneous and unan
lmous candidate. In becoming that honor,
however, he has not had tlmo to devoto the
whole association period to buttonholing
those who usually come from far nnd near
for educational gain, but has spent his ordi
nary time In working out educational prob
lems for his people or Institution nnd his
association time In contributing to the edu
catlonal Interest and value of section' or
general meetings.
"Tho presidency of tho Nebraska Stato
Teachers' association is not tho right of nny
section of the state or of the educational
work. It should bo tho proffered recogni
tion for eminence tn some line of educa
tional work.
"I do not feel at this time that my work
or association with, my fellow teachers has
been such as to entitle mo to this recogni
tion, nnd upon my own motion my candi
dacy will never exist."
Cundlilnte fur Certificates,
Twelvo candidates for professional certifi
cates wero being examined this morning.
More wero expected during the afternoon
and more nro on tho road, to arrive to
morrow. Thoso on duty this morning were:
F. A. Carmony, Falrbury; F. P. Costelloo,
Alexandria; It. E. Davis, Falrbury; F. W.
Defter, Powells; Shadrack Doty, Sutton, It,
E. Dale, Atlanta; James F, Johnston, Mar
quotte; F. F. Johnson, Harblno; T. T. John
son, Lincoln; S. L. Johnson, Marquetto;
K. Q. Audcrson, Endlcott; C. W. Wallls,
Illoom field.
The questions were prepared and the
papors will bo graded by a committee con
sisting of State Superintendent Fowlor, Su
perintendent A. O. Thomas of Kentucky,
Superintendent D. C. O'Connor of Norfolk
and Professor George's. Condra of Lincoln.
Tho oratory will begin tomorrow night
with a Joint debate between six of tho High
schools of the state. Tho buttle will bo
pulled off at the High school auditorium.
Wednesday evening Prof. Arnold Tompkins
of Chicago will lecture at the auditorium,
and Thursday evening Prenldont Heardshear
of tho national association will speak at tho
samo place.
i. nt.
CONDITION OF THE
WEATHER.
.SI
oB
a $
h
1 c
; ,
. r
: u
Omaha, clear
Valentine, clear
North Platte, clear
Cheyenne, clenr '.
Salt Lake City, cloudy
Hnpld City, clear
Huron, clear
Wlltiston, clear
Chicago, clear ,
tU. IuIh, clear
St, Paul, clear
Davenport, clenr
Kansas City, clear...
Helena, clear..
Hlsmarck, clear
Qulveston, clear
42 49 .00
42 54 .ft)
44 BO .00
36 5(5 ,00
32 341 .ft)
31 5S .00
30 41 .0)
22 30 .ft)
32 34 .00
42 42 .(0
SS 40 .00
34 33 .00
41 5') ft)
2rtl 30! ,00
2Si 3." .(0
M 5i .)
Indicates zero.
T Indicates trace of precipitation.
WOMAN SUES SALOON KEEPER
Sn I.liinnr C'nnseil Hiinliniii! In He.
come Unable tn Support
Family.
DEATIUCE, Neb., Dec, 30. (Special Telo
gram.) A $5,000 damage suit was filed In
the district court today by Mrs. Ida
Youngren of Wyraore against John PIsar,
a Wymoro saloon keeper. Tho plaintiff
charges that her hUBband has become un
able to support her and her family, caused
by tho uso of liquor sold her husband by
PIsar. Tho case will bo tried at tho March
term of the district court.
(iiiiilNliy's Snlonii Ilnhliril Aifnln,
VRIIDON. Neb,, Dec. 30. (Special.)
nurglars cntored tho saloon of W. K. Oools
by and after rifling tho cash drawer of J3.50
turned their attention toward the stock.
Twenty dollars worth of whisky nnd cigars
was taken. The thlevea also took along a
flno new overcoat belonging to John Walker,
bartender. This lu tbo third tlmo GooUby's
saloon has been robbed In six weeks.
Jap Rose
Soap
one-sixth pure glycerin, is
pure and perfect.
Cleanliness in manufacture,
pure materials and delicate
odor of the natural flower,
make it fit for my lady's toilet.
She likes it for a shampoo.
Baby finds it soothing to
irritated skin.
JAMES S. KIRK & COMPANV
Remarkable experiments
completely successful
The adraaUffoa SBbSvL
HHBBBL the
to yout-Mlf aLv'MHV
1 apparent aBBjPBM jW
t3fisKi BL'jPHHMfr'Sftr
The difference Is very
noticeable ud a trial
aly Is asked.
During the devastation of Cuba, young tobacco plants
were brought over from the Vuclta Abajos district of the
island and transplanted in a few chosen spots near southern
Atlantic and Gulf waters. In some places they thrived.
These were sprouted and multiplied until good sired crops
were raised. After nearly three years' natural curing a
perfectly delicious genuine Vuelta is obtained.
Escaping the enormous duties the projectors are enabled
to produce a five cent cigar with a prime genuine Vuelta
filler. The best kind of a properly cured Sumatra wrapper,
with all bitterness removed, is added. These features are
very unmistakable in the cigar produced thereby. It is the
Tom Kcene. It has the exquisite "Java Coffee" taste of
f finest goods.
We guarantee the genuineness and vast suferioriiy of this product.
! ci77 notice it. Further explanations will be unnecessary.
PEREGOY AND MOORE CO., Distributers,
COUNCIL BLUFFS, IA.
BURLINGTON
CALIFORNIA. Just because the Hurlingtoii is the Fast Mnil
Uoute to Chicago, please don't take it, for grnnted
that it isn't in the Held for California travel. It
is very niucli so to the .extent of about 15,000
passengers a year.
Through Stnndnrd Sleepers to Han Fran
cisco, leave Omnliii 4:1!5 p. in,, dully.
Through TnurlHt SleeperH to I,oh Angeles,
lenve Oiniiha t:2& p. m. ThurxdnyH nnd
Snturduys, und 10:30 p. m. Saturdays.
TICKET OFFICE,
1502 Farnam St. Tel. 250.
BURLINQTON STATION,
lOtiiund Mason Sts. Tel. 128
"THERE IS SCIENCE IN NEATNESS."
BE WISE AND USE
SAPOLIO
Every Woman
Is Intf rf iteil awl (tumid know
about I ho wonittrfu)
MARVEL Whirling Spray
nvn una iinriwn, ijfii
V..
W 1.1 V
If h cannot tupi'lY tba
MBit '.ii mi -r.
fiinrr. dui wna tamp roril
I un fiiuruiiis nm Mrvriivu III U
TtluaUetoUtllft. M AnVi:iCO.,
lh Whirling Spray Byrlngo Fci 8U By
Sherman & McConnel! Drug Co,
lUtk and Uudav, Omaha, Nb.
9kw POSITIVELY (JURE
PIMPLES
and U affections of the (kin and
restore to the complexion a healthy, roseate
Ytoodmmrjf 7 I., 1 03 out at., Chleigo
elnw. t Tour home.
Inrmutlnu tree, usu or write umtm
Book and lull in-
H.
mt999 99
RESULTS TELL
ft
8
THE BEE WANT ADS
PRODUCE RESULTS.
3 3DJ a
M