TJ1E OMAHA DAILY BEE: SATURDAY, JANIrATlY 11, 1002. 5 V r I) LAWYERS' CONVENTION ENDS JiJf 8. P. DiTi'fioi of Tiiimitli Elioti Fmidiat f liioolttlea. i SOME INTEREST IN(S PAPERS PRESENTED C C. Wi-IrIiI mill !', (, lliimrr .ienl on "IrrlnnMon" .IiiiIkc Hunt lnu, 1'. A. HniKnii imil IMIicn Ilonil I'mirm. The annual convention of the Nebraska Btato Uar asjoclatlon came to nn end yon terdny afternoon, after odlcera for the en suing year had been elected, n follows: President, S. 1. Davidson, Tcctimsch; Hrst vice president, W. II. Kellnnr, Aubiiruj sec ond vlco president, A. W. Crltca, Chadronj third vice president, V. T. Vllcux, North riattcj secrotary, Itoscoe round, Lincoln; treasurer, C. A. floss, Omaha, member of executive council, It, V. DrHckenrldgo. At the opening of the afternoon session Francis A. HroRnn iiresentcd some phases of "The MnkliiR of Laws." He roferrcd to the power of courts to set usldo the ac ton of lpclnlnturcbi dlvldlnf; this power Into two classes, one where the act Is' opposed to t lit) fundamental Ir.ws of tho land and tho other where tho net wns de fective In ItH form or operation. . "In tho cxerclso of this power," said he, "lhcro has been n well-defined growth. At first thcro was u ntrung minority In favor of' permitting n legislature to dcflno ItH own, Hcopo of action. At first this power was chndncd to setting aside laws abhor rent to the constitution; then came a time wjien some stat ronstltlitlons made pro visions regarding the form of bills, Moro ivh lmvo been net aside In the statu of Nebraska on account of defective form than In any other state In tho union. Tho supremo court In this state has gone muHi further than courts in other stntes. In tlls 'state, before it lawyer can advlso a cllont as to tho force, of n law, ho must not only lmvo a copy of the session laws, bu.t a full copy of the Journals of both houses, and then must take chances on thoso records having been mutilated. X'onniillililtliHI of I, ml .MIkM I'nll. "In tho matter of tho consolidation of tin rlllts In IJouglao county It Is safo to sav that no bill enn be prepared nuil passed which will successfully stand tho scrutiny of the supreme court under tho terms of the present constitution. So complex havo become tho subjects of legislation that tt has become Impossible to draft n bill which can be' said to nh.solutoly contain but ono 8UbJect.lTlie true' remrdv- for the evil Is to omit from tho now constitution of the elnto of 'Nebraska the provisions which wo have been considering. Tho ofTecl of this will bo to confer moro power upon tho leg islature, but It 1h to be remembered that tho conferring of power has a tendency to beget a conscientious performance of n public duty." K. 0. Cnlklns of Kenrnoy read a paper on tho subject of "Reforms In Revenue Laws." The speaker referred to tho permanent school fund of tho stnto as a standing temptation to weak men nnd ft constant uunieu u) Hining mini m uiu iiiulii in iiium- urcr; ho said that the system of setting natdo special funds for the redemption of cortaln obligations should tie discarded. Referring to assessments, ho' said that property should bo assessed at ItH full value nnd tho rnto should bo correspondingly rqduccd. Tho best system of taxation Is thni which taxes least. Tho last paper of the afternoon was bv Ucoe IViund. on the subject of "Tho Do cadenco of Equity." Tho paper was an nblo discussion of a matter of great Interest lo lawyers. At tho conclusion of this address Chair man Wright of tho memorial committee ro portcd sultnblo resolutions of respect for the memory otW.3. Strftyvn nnd Judge Clinton N. Powell, tho only members of the association wlin illocl since, the last meeting. Vrluht, on.lrrlftiitloii. At ye3tert)ay ' morning's session the first subject discussed wna that of "Irrigation," on which a paper was presented by 0. 0. Wright. Ills conclusions wero as follows: The, common law doctrine ot riparian rights to meandered streams in this state and partlctilurly tho Plntto river nro not liuil have never been considered applicable on account of the condition In the state, tho necessity nt modlllcntlon of tho old rule, the character of the streams and tho established public pulley of the state. Tho common law doctrine of riparian rights Is not applicable to the meandered htrcnms of this state because the lltlu to ' the beds of ItH streams ami to tho waters thereof were vested In tho Htato by the organlu act of Ncbrnskn and this doctrine t ilpurlau rights, limiting tin use of wntcrs for irrigation, has no application to publlu waters, but only to thoso streams which may bo ilenonitnatcd private waters or which. Haw through or over a man's land. " . . u Tho legislative history of this stato In assuming the control of the beds ami vaters of meandered streams has been such that tu one purchasing lands along tho bunks of Hyi'li'HtrcuniH can claim any right as against thb state In Its power to divert nnd use tho waters of said streams. Lunger anil 'HIm Jury. Judge W. O. Hastings of Crete presented tho second paper, which was 'a discussion of "Tho Lawyer and His Jury." Tho speaker brlolly' traced tho early form ot Jury trial; Its dqvrlopmcnt nnd moditlcatlon from the Introduction ot tho Inquisition by William tho Conqueror. Ho said that tho Jury sys tem was tfio cause ot the vitality of the common law. At the request of the association J ml go Y. O. Itamer of Keurney presented u paper on tho BUbJect of "Irrlgutlon," In which ho particularly discussed tho ubo 'of wator In Nebraska. Tho following pcrsbn'R wero admitted to No cures to report, of testing, nothing to dence but talk, all talk. lhat s the truth about nearly all cough medicines. But there's a record of 60 years of cures tback of Ayer's Cherry Pectoral. And phy sicians endorse it, prescribe it for colds, bronchitis; and coughs of all kinds, j Prob ably your own doctor does. Ask him. He , knows all about it has the formula. "I know- from personal' experienco that Ayer's Cherry Pectoral la the 'I best mcdlclno la tho world for quickly breaking up a heavy cold that has settled on the lung." D. C. Snedkkkr. Tine Hill, N. V, 2$c,Mc,ft.M. membership: I). L. Johnson, R. W. ratrlck, J. II. Macomlior, A. It. Ilurnett, J. 1'. Enfc llsli, T. J. Mnhoney, Frank Crawford, Charles II. McDonald, J. . Ware, E. II. Bcott, V. V. Keysor, Howard n. Smith of Oinnb.it; C. l'attenon of Hushvllle, II. M. Grimes of North I'latto and A. M. Morrlsscy of Valentine. FROM MORPHINE POISONING Dentil of Clinrle Dennett, Picked t'p In t iuMiiiKclniin Condition In llnlltrn). Charles llmnctt, 45 years old, a well known character of the east end, died lu tho Presbyterian hospital shortly after 12 o'clock Friday, supposedly of morphlno poisoning. Though detectives wero engaged In Investigating the case nearly all ot Fri day ntyemoon, little could be learned about It. lie was found about noon lying uncon scious In a hallway on tho second floor of 1010 Capitol avenue, where ho lived with a notorious woman named '"Illg Hertha." An lumato of the houso who found him called a hack, nnd had him sent to tho hos pital, Vthora h'c died In a few minutes. Tho phvslclans nt tho hospital wero un ablo to determine positively tho cause of death, nnd this probably will not be known utflll nfter tho autopsy. Tho body, at the request of friends, was sent to tho under taking houso of Heafey & Hcafey, after which tho coroner was notified. Ho Is now Investigating the case. Ilennett was known ns on absinthe drinker, nnd he had been drinking heavily for several, weeks. Lato Thursday night ho was seen leaving tho Turf saloon In a state ot maudlin Intoxication, and this, so far ns" known, was the last seen nt him until he was found unconscious In tho hallway. At ono tlmo during tho afternoon tt was reported that ho had been murdered by a woman who was Jealous of his attentions to another, but tho police wero unablo to find any foundation for such a theory. In tho opinion of thoso who worked on the enso ho died either of an overdoso of mor phine administered with suicidal Intent, or as tho result of excesstvo drinking. Ho Is not known to havo nny relatives living. A collection Is being taken up among tho habitues ot the cast end to pay his funeral expenses. Coroner Ilralley said: "I haven't had nny tlmo to look up tho caso as yet, but I shall do so tomorrow. Ono ot tho doctors from the hospital telephoned mo that he thought tho man died from natural causes, but I hear from other sources that ho died ofi poisoning. If tho, factB warrant t I shall order an autopsy nnd hold nn Inquest. ELECTION CONTEST IS CLOSE .tllllcr mill li'nltt Holla Clnliu to .tie "(inliilnu In Itreoiint of HrtllotK. j In tho Mlllcr-Unltt contest tho recount of tho ballots has progressed through the contested precincts of tho first seven wards of OmahavandMt Is thought that as only scattering precincts In tho remaining wards nro contested tho count on tho city will bo disposed of today. Heforo next Wednes day night It Is thought that tho rest ot the task will bo completed, ns thero Is to be counted In addition to all of South Omaha only a few scattering country precincts. Tho vote remains so close that hoth parties to tho contest still claim tho victory. Amusements "l.u Timon" nt llnjril'n. A tragedy In four nets, by Vlctorlen Surdou. The cast: I Huron Scarnla.... Melbourne MncDowell Murlii Cni varodossl Harry Pilinmer Caesare Augclottl Frederick Esmeltoil Heblrarone Kdwarri Qullllnnn Io Marquis Attuv.nntl .'..Wilfred Rogers' Kusenq.. ...i.... ,..; ....Clarence Arpcr rnprlnla S....Murt)hey Clrnnt Trevllline ..FroiAreher' Hpulotta .Frank Nnblo Pnlslcllo...., , V. Percy Rhodes Colonettl Ueorge MacDowell Sergeant ;.. Harold' Franks A tnluiHHnilnr Hlil-rv T.jtinhrF Police agent George Clifton' Heine Ainrio Caroline josepiuno inynne. Prlnccsw Orlonla u:... Lillian Johim Clemerlno; Marie Walker Florin Toscu Florence Htono Omnha peoplo aro thoroughly familiar with tho norvo-racklng possibilities ot Sar dou's exposition of what Jealousy may lead to. They know also Just what Mr. Mac Dowell conceives to bo tho character of Scarpla. Thrroforo tho only Interest that might have been folt In last evening's per formance centered around Miss Stone. liven this Interest was not sufficient to attract a large'nudlcn'co to'the theater. It requires more than mcro curiosity to In duco peoplo to undergo the strain of tho terrible, third and fourth acts of this piece, nnd having had Iiernlianlt, Davenport and Walsh In tho part, not once but several times each, tho Omaha public Is evidently willing to tako Miss Stone's will for the deed. Miss Stono certainly gives an Intelligent Interpretation of tho part. Sho has 'the charms of person and grace ot carriage that might havo marked the original Florla as the prey of the unscrupulous Scarpla, and n volco that Is excellently adapted to the requirements. Through the, trying scenes of tho third and fourth nets she bears herself with effective force and skill. Her acting Is most natural tn Its. detail, especially her grief and horror during the torturo of her lover. In tho fourth act sho rises well to tho holght ot tragedy. Miss Stono will likely not be known to many moro Omaha peoplo when sho leaves than when sho came, but those who do Hp to sco her will recall bor as a painstaking and really clover actress. "La Tosca" will bo given at a matlnca today and again this evening, no lone record give you confi- w) . C. AYCR CO., Lowell, Mas. AFFAIRS AT SOUTH OMAHA ItcnUrj Mink laji Y. V. 0. A. Niidi Mtrt Ktom. NEW IMPROVEMENT CLUB IS ORGANIZED urposen tn Harp Voice In Mlirnrr Matter, Which Onlr Adds to the Tronlilr of the Authorities. Secretary Charles Marsh of the local Young Men's Christian association yester day completed his annual report. It shows that tho receipts for tho year 1901 from all sources amounted to $2,002.63. In tho matter ot disbursements 1,89.1 was spent for salaries, whtlo $368 went for rent, fuel nnd light. Tho physical department cost lo0. Miscellaneous expenses make up tho balance. There Is, or was on January 1, n balance of $1.1:62 on hand. It, was tn 1S96 that the association hero was organized and tho receipts by years follow: 1S9, $1,433! 1897. $1,113; 1S9S, $1,353; 1899, $1,810; 1900, $1,550; 1901, $2,692. Tho bills payable for 1901 amount to $1,112, whllo tho bills receivable omount to $6S1, leaving n balance of $431. Commencing with January 1, 1897, with a' membership of 2C1, thero ban boon a steady Increase, until now tho roll call shows 322 members. As an cvtdenco of tho Interest taken In tho work of tho association, tho total at tendance nt tho rooms during tho last year was 19,069, as compared with 18,427 tho year bofore. Secretary Marsh says that the organiza tion is handicapped In every department by lack of room, tho equipment being de ficient for the needs of the members. An effort Is now being mado to Increaso tho membership and thus procure financial sup port enough to cither secure moro commo dious quarters or clso Increase tho present equipment. Sow Improvement Clnh Orunnliteil, Quito a number of citizens and taxpayers met Thursday night at tho office of Dr. W. J. McCrann nnd perfected an organiza tion. Dr. McCrann was chosen president, Judge F. A. Agnow, secretary, and Henry Michel, treasurer. Following tho organization tho club ap pointed a commlttco to wnlt upon tho mayoV and council for tho purpose of 'suggesting names of men to bo appointed on tho library board. Auothcr purpose ot tho club Is to securo tho location of tho building porno- whero south of N street nnd botween Twenty-flftn stroct on the west and Twenty- third street on the east. Jt Is understood that tho club will work "for a slto near Twenty-third anfl'O Btrcets. Tho organization of this club for tho pur- poso named Is only causing trouble for tho authorities In this library matter. It has been given out that as soon as tho library board la appointed and tho members qualify and organize, bids for sites will bo asked for. No bids exceeding $5,000 will bo con sidered, as this Is tho amount of tho ap propriation. At any rate, tho members of tho club nssert that thoy propose to do their ut most to hnvo n public building of somo sort erected south of N street. Ileuurt nf Trnniiln. Superintendent McLean 'of tho public schools yesterday completed a report of tho children of school age who aro not now at tending school. This report shows that In tho First ward thero aro thirty boys nnd forty-fouri girls, mnktng a total of seventy four. In the Second ward tho numbers aro oven, being fifty-eight of each Sox, making tho total 110. Over In tho Third ward the truant officer found 123 boys nnd 10.", girls, a totnl of 228. The Fourth wnrd, according t,o tho report, hns forty-eight boys nnd twenty-eight girls who nre not attending school, ti total of seventy-six for this ward. In tho Fifth ward, which Is a large ono, the boys number seventy-five nnd tho girls sixty-six; total, 141. Tho Sixth ward shows only twenty-eight boys nnd twenty seven girls; totnl, flfty-flvc? The grand total reported Is 690. This report has been complied by Super intendent McLean, after a careful com parison with the names In tho census re port and tho actual enrollment In the jiubllc nnd parochial schools. It Is understood that an effort will bo mado to enforco the compulsory educational laws In relation to these children. Who l'n tlin Itlllf Since tho announcement has one out that all of tho nine members of tho Hoard ot Education havo been Indicted bv tho grand Jury, somo of tho members of the Taxpayers' league have been nsktng -who will pay the bills for defending- tho mem bers. Judge J. J. Drecn Is tho regular nt torney for the board, but as ho receives a salary of only $300 a year, It Is thought that perhaps tho board will employ additional counsel In order to assist In tho defense Then again thero Is the question whether each member will demand a separate trial and employ his own attorney. On this point the members of the board aro muto Somo of tho league members are watching developments closoly, as thoy fear that tho board will appropriate school board mon in to employ consulting attorneys to asjtlst Judgo Ilreen, In caso ho Is called up to rep resent the board when the members aro arraigned In tho criminal court. That Itcttrciiient Welirmr. Senator Millard Is taking nn Interest In tho proposition to retlro employes of tho I) u r can of Animal Industry who havo reached tho ago of 60 years. Yesterday several of tho older employes of tho de partment here received letters from thp senator asking their opinion on tho matter, Tho feeling horo seems to be that tho Idea Is a good ono, and It Is belag heartily en dorsed, especially by tho fourteen employes tn thp department here who will bo affected by such a measure. 1 Tom Hiictor QuIU. For the first time tn fourteen years Tom Hoctor Is out ot office. He started In ns city clerk of South Omaha In 1S8S and was elected by a nlce"'maJorlty when there wero only about 200 voters in tho city. From the office of clerk be was elected city treas urer and served three terms of two years each. Deforo his term as treasurer expired he was elected county commissioner and served six yearn. Hoctor says that all he Is going to do now Is to run for mayor ot South Omaha In the spring. SettlnK Foundations. Chief Engineer King ot tho Stock Yards company stated yesterday that the founda tions for tho new Insulated loading sheds at tho Cudahy plant were being laid. 'The stock yards company has half a hundred men at work grading and relaying tracks to conform with the plans for the loading platforms. It is necessary to lower tho tracks at the Thirty-third stroet end of the railroad and this work Is being pushed as rapidly as possiblo during tho plcasan weather. Tho relaying of the tracks, along with the Insulated platforms and tho sheds will cost the Cudahy company In the neigh borhood of $30,000. Drnth f Mnmitrl Wymnn, Samuel J. Wyman died yesterday at his homo, 1011 North Twenty-first street. The deceased was 79 years ot age and had been 111 only a short time. He had resided In South Omaha for fourteen years and during ten years of this time was employed by the Union Stock Yards company. Two children W. II, Wyman nnd Mrs. F, Ooodtpeed, nre he.ro to mourn the loss of nn 'exceed ingly kind nnd lovable pa;,;,t. Funeral services will be at the family residence nt 2:30 o'clock Sunday afternoon While the members of Uco Hlvo lodgo of the Masons havo chargo of the sorvlcos, they have In vited Itev. II. L. Wheeler and nev. George Van Wlnklo to officiate. Tho Interment will be at Laurel Hill cemetery. Mnnlo Cltr Onili. Pollco Olllcer Km cor Is out acitln nfter n short illnc.. A son hns been born to Mr. ninl Mrs. J. J. Mnhoney, Fifteenth and Y struts. A case of smnllnox Is rot .rte,1 nt tho homo of David Hoyer, Twcntv. ninth nnd 11 streets. Mm. Ilnv . Tlnfla rtt HI hi,,,., M.h . la visiting her parents, Mr. ni.,1 Mrs. Ivor Thomas. Then! will lii n. nn.irrlna conte liotween Olo Oleson of Chicago nnd l.Mie Gardner of Wheeling, W, Vu., at Ilium's hull on Friday evening, January IT, The week of nrnvcr observed bv the churches hern closed last nltlit with serv ices nt the Young Men's Christian associa tion rooms, secretary iw.irsii was in charge. Frank Mnurrnler. Twenty-first nnd P streets, was reported dead at the health otllco yesterday. Death ws caused by pneumonia. Funornl unnounrement later. DENIES BERKA'S AUTHORITY I.nwycr. l'llc I'rotemt Affulttat the .TnilKC llrnrlnir I'climy Cnac AKnlnst Jncnli l.lpp, At tho opening of pollco court for the afternoon scsslou Friday, Attorney A. N. Ferguson, counsel for Jacob Llpp, charged with assault and attempting to rob Con ductor Jeffries of a South Omaha car Christ mas uve, filed tho following document with tho court: Protest nml Dnmrtinl Now rnmH .Inpoh I.lni) and enters in wrltlnir his nrotcst .mil objections to being held . before Iiuls ucrkn. who claims to lie pollco Judgo or tho city of Omaha, to answer tn a complaint for un nssuult with Intent to commit rob bery. Ho protests ogalnst all proceedings against him uml says that he Is unlaw fully deprived of his liberty, and demands of all persons counseling or advising that ho be so unlawfully deprived of his liberty nnd demands of all persons nctually de priving mm oi ins iinerty mat iney rcieaso ilm forthwith, lie ."uvs that Louis Hcrka Is not nnllcn Judun of the city of Omaha nnd linx no authority or right to exercise any power or jurisdiction ot ponce judge. Farther than to mark the communica tion for filing, Judgo Hcrka paid no atten tion to It. Arguments wore mado In tho Llpp oao Friday afternoon, and Judge llerka took tho matter under advisement until today. TIMME RECOVERING SLOWLY IIinI-Iiiii llrllcve Victim nf Rolfnii' Shut linn l'nsseil the l)nn Kcr I'nlnt. Reports ns to tho condition of Hans Tlmmc, the constablo who was shot bv John Holfas .January 8, 'aro that he Is re covering slowly and it Is believed now that no serious complications will ensue. Ho Is still at tho Clarkson hospital, where ho Is resting comfortably. Several neighbors of John Rolfas havo called upon him since his first night tn the city Jail, and all speak of him In tho highest terms. He Is represented as a good neighbor and nn orderly citizen. Holfas Beemb to bo enjoying his Jail experience "You feed mo better thah my old woman docs," was his remark to tho turnkey. Croup. Tho peculiar cough which Indicates croup Is usually well known to tho mothers of croupy children. No tlmo should bo lost In tho treatment ot It and for' this pur pose no mcdlclno has received more unl vnrsal approval than Chaaibarlalo.'a Cough ncmedy. 'Do not wato vnluablo tlmo In experimenting with untried remedies, no mntter bow highly they may bo recom mended, but glvo this medicine ns 'directed and all symptoms of croup will quickly disappear. All druggists sell It. PERSONAL PARAGRAPHS. Paul Colsrtn of Fremont Is In tho city. J. M. Thompson of Lincoln Is In Omahn, D. A. Hulcher of Stnnton Is In tho city, Charles G. Hvnn of Grand Island Is at tho Merchants. Stato Auditor Weston sncnt nart of yes tonlny In Omahn. Georce DurKort. principal of tho Illith school nt Ashlnnd, Neb,, Is nt tho Mer chants. Ed Hlencll of Lincoln, superintendent of th iseurasKa division or tno Jjurimgiou nliwny, is in unmna, l'rof. Wrltsht loaves today for Onawa. In., where h opens tho orgon nt tho First juongregnuonni cnurcn. rweorasKaus nt tno iienHiinw; j. j. uone-kemtH-r. Lincoln: A. G. Muclcc. Lincoln: II. A. Wllmerdlng, Norfolk; J. II. Atkinson, l-'niruciu; u. jucquuru, ucnincc. 13. 8. Hrown. formerly In chargo of tho Insurance business conducted by W. T. Wyman, has formed a connection with the insurance agency oi w . arnam Mm mi : uo. Nebrnskans nt tho Dellone: E. F. Mor ris, Iinrtiugtoii; M. K. l'oiiock, llartlng inn: -,nnu ai. j.vuick. Herman: u. u. iioi i I Li 1 It'll I, .,1 a 1 1 ... 1 1 xrA Itillu. u.;ni.u. ,...u... - ..u, v ijniHKa uny; v. I nun, jtoiurcgo. NebraskaiiH nt the Millard: E. II. Atreo. Tr -t .1 . XT 11 I I . i . T i. ,1 U .1 n I , . r. . .1 HKy, iNinorara; feuwnru j. mine, unaiiron; j. u. uiacKuurn, Arlington; n, m. iiopa well. Tekamah: M. It. Hopowell. Tokamah: Mrs. Jfreu t uner, jvuucrton. W. G. Stars, sneaker of tho house at the last session of tho Nebraska state legisla ture, led a party of four fellow townsmen to umnnn irom tcKaman yesterday to undcrcn thu ordeal ot admittance to tho local lodge or kiks hero ia.ii night. LOCAL BREVITIES. Tho sixteenth nnnual ball of Vlastlslava lodge No. 29. J. D. C, will bo given nt the new iioneminn Turner naii'tms evening. Huppor will ne served aunng tne evening. Tho Omaha Evo nnd Hand club will meet nt 502 South Elchtecnth street tonlcht. T. C. Mueller of Oberlln cnllego will- deliver his lecture, "jvenrer to wnture s Heart." Hv tho Ignition of gasoline at tho home of Mrs. Lucy Weber, W9 South Nineteenth street, last evening, n smull blazo was startetl. Tne nro was extinguished herore tho arrival of the department nnd beforo any flamngo was done. The house Is n two- . " . . . . . ........ 1 t . . . T I T Til.. HIU1) iltllllU. Unill'U At. JiJUUIU. As a result of n came of pool In a saloon at Twelfth and Nicholas streets, lust even ing, uuu wcntuerroril nmi rmnk Ilenlsn ucit Into a Unlit. Weathcrford was struck on tbo head with n billiard cue. u trash sev eral InchcB long being cut In the top of tne nenn ami ono over tno riKni eye. ins wounds wero dressed by I'ollcn Hnreeon Horglum. Both men live on tho bottoms near Ninth and Nicholas streets. Ilenlsh ran after the fight, but was eventually overtaKen. itallwnjr Nntpn and I'rmonals, Northwestern Passenger Agent W. C, Melville of the 'Frisco lino hns gone" to St, Joseph, Mo. , Superintendent C. M. Hathburn of the Missouri Pacific railway came into Omaha Thursday night from Kansas City, accom panied by E. M. Gannon, commercial agent at Atchison, and tho two left Friday morn ing tor neainiuariern. Omaha rallroail men say that ilm nntl Jiass rule ndoplcd by the Cblcago-Iluffnlo-Ittsburg lines Is now a dend letter. Some railway representatives have already re ceived their passes, nnd others have had notice that their transportation will soon bo rortncoming. , News has been received In Omaha of tne resignation or unanes ji, ainat as ccnernl nassencer nuent of t)m rrhionirn. Hock Island & Texas railway at Fort Worth. Tex. Mr. Bloat Is well known In this city, especially In railroad circles, as liu lias until viBtlt-u lieiu. Minor officials of the oncratlm- ctonart ment of tho Hock Island road aro n,i to be uneasy because of tho chnn in thr presidency of the system, which has put Mr. leeds nt tho head. A rumor Hint the new executlvo Intends to replaco elthor Oeneral Superintendent W. It ifobbs or itenertu .tiunnccr a. j. nut with W. I Allen, formerly assistant general mnwrln. tendent, has caused tho worry, jjr. Allen left tho Hock Inland road to becnm mnini. ger of tho Cincinnati, Itlchmoml & jmncle railroad, and It is supposed thut If he comes back to tho Hock Island he will wish to bring n few, at least, of his present employes with him. LIKES DOUBLE-HEAD 'COURT Litwjtr lay. if 0i JUgt Faili Yu, Ktcofilit til Otatr, BERKA AND GIRD0N MEET ON STREET Tliey Smile and Shake Itnnils, Su- dlonslr Address Each Other as "Mister" and Conclude tu Con tinue IVrsonal friendship. The two police Judges are Maying battle- doro and shuttlecock with Jim Dacon, the alleged burglar. First Judge Qordou bound him over to the district court, but there was no ono to record tho action, to accept his bond or to tako him to Jail, so yesterday ho was arraigned before Judgo Hcrka,. who, ignoring Judgo Cordon's ruling, aet his case for hearing January 20, and accepted Louts Goldmnlth on a new bond ot $650 to Insuro his appearance at that time. Ho Is to have another hearing aud tho hearing before Judge Cordon counts tor naught. This is tho program us mapped out at prcsont, but It by somo trick of fate Judge Oordon should bo In tho ascendency at or beforo that time, It will bo subject to amendment. "Jim's llacon Is not necessarily cooked," said Attorney Tom Donohuo, tn addressing Judgo llerka yesterday morning, "and I'm glad we havo two chances. That's tho beauty of havlDg two pollco Judges. If you don't llko the ruling ot ono ot them, recognize tho other." "Sleepy" Hewitt, who was discharged Thursday, and Jim Bacon wero co-defend ants on tho same chargo and tho evidence against, them la tho same. Slnco Howltt's caso was dismissed it Is likely that Ducon's will bo also. .Mister nnd MUtrr. Judgo Cordon, aB usual, spent tho morn Ing out In tho hall, closely guarded by Offlcor Davis. At 10:30 ho arose, continued a batch of Imaginary cases until tomorrow morning nnd dismissed a mythical court. An hour latpr Judgo Oordon and Judgo llerka met on the street. It was tho first tlmo they Imd mot faco to faco since tho clash of last Tuesday morning nnd tor nn Instant It looked an though they wero going to bo "strangers." Than Judgo Ucrka smllod voluminously and held out his hand. Judge Cordon seized It. "There's no reason why we should bo personal enemies, Mister Oordon." 'Nono whatever, Mister llerka. You havo your way and I havo mine." 'I havo mine, nil right," said Judgo nerka. Then they forced a laugh and scp arnted. "aordon nnd Ellcr.havo got something up their sleeve," said a police station hnblltl'o yesterday, "and I think I know what It Is. They aro waiting for Judgo Dcrka to bind someone ovor to tho district court, then they'ro going to get him out of Jail on a writ of habeas corpus, and when' tt comes up for a hearing before a district Judgo they'll test Judgo Uerka'a right to tho offlco of pollco Judge." Attorney Eller, to whom this report was communicated, would not deny that he had in mind somo such schomc. PLUMBING ORDINANCE GOES Joe Johnson Is Fined Five Dollars fur Working; Without a Permit. Joe Johnson, a plumber, was arraigned In police court Friday on a chargo ot vio lating the city- plumbing ordinance by w-orklng at his trade without a permit from tho city Board of Plumbing Inspec tors. Ho pleaded gutltyt and was fined $5 and costs, the Heaviest fine thus far Im posed by the new pollco Judge. Tho case Is of Interest also because It Is tho first to bo brought under the plumbing ordinance passed last winter, FOR x MARKET AND CHURCH Clear Sky Favors Nebraska .Shoppers nnd Worshipers, Tliongli Winds lie Fickle. WASHINGTON. Jan. 10. Forecast for Saturday and Sunday: For Nobraska Fair Saturday nnd Sun day; vnrlablo winds. For Iowa Fair Saturday and Sunday; west to northwest winds, For Illinois Fair Saturday; colder In southern, portion; Sunday fair; brisk north west winds. For Missouri Fair Saturday; colder la west nnd south portions; Sunday fair; northwest winds. For Kansas Fair Saturday and Sunday; northwest winds. For Wyoming, Colorado and Montana- Fair Saturday nnd Sunday; variable winds. For Oklahoma, Indian, Territory and Ar kansasFair and colder Saturday; Sunday fair; north winds. For North Dakota Fair Saturday nnd warmer tn west portion; Sunday fair; north west winds, becoming variable. For South Dakota Fair Saturday; Sunday fair and warmer In east portion; variable windb. Local Itecord. OFFICE OF THE WEATHER ntmEATT. OMAHA, Jnn 10,-Offlclal record of tem perature and precipitation compared with the corrcttpondtne day of the last three years. 1902. 1901. 1900. 1839. Maximum temperature.... 37 21 28 3t Minimum temperaturo.... 32 14 19 27 Mean temperature 34 , 19 21 30 Proclpttntlon 00 .01 T T Record of temperature and precipitation at Onlaha for this day and sine March 1, 3901: , Normal temperature 20 Excess for the day 14 Tntnl excess since March 1. 1901 11m Normal precipitation ...i 02 inch Deficiency for the day 02 inch 1'recipiiauon since oiurcn j n.n inches iiptlrlcncv nlnco March 1 6.37 lnrh.-n 'Deficiency for cor. period, 1901.. .03 Inch Deficiency lor cor. penou, iuw.. 4.39 inches lleuorta from Stations at 7 p. m. it 3? : c : : a : 3 : B : S : 3 : 't : 9 CONDITION or THB WEATHER. Omaha, clear Valentino, clear '.. North Platte, cloar Cheyenne, clear Salt Lake, clear Rapid City, clear Huron, clear Wlillston, clear Chicago, partly cloudy,. St. Louis, clear St. Paul, clear Davenport, clear Kansas City, clear Havre, clear Helena, clear Bismarck, clear Galveston, cloudy T Indicates trace of precipitation. L. A. WELSH, Local Forecast Official. BROWN'S Bronchial Troches jffr mm mmhrtmry nllmf tit IfiseiWfc Sold tn Box only. A uold Imitation. SlfnSture of S&C.nii 1 0: GIVE HER A CHANCE! County President W.O.T.U., Mrs. H. F. Roberts, of Kansas City, Says to All Siok Womon: "Givo Mrs, Pinkham a Okanco, I Know Sho Oan Holp You as Sho Did Mo," "Dear Mrs. Pinkham : Tho world praises great reformers ; their names and fames are in tho oars of everybody, n'tjd tho public press helps spread tho good tidings. Among them all l.ydia E. 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When women, aro troubled, with irregularities, suppressed or painful menstruation, weakness, indigestion, lcucorrhcea, displacement or ulceration of tho womb, inflammation of tho ovaries, general debility, and nervous prostration,, or aro besot with such symptoms, as dizziness, faintness, lassitudeoxcitability, irritability, nervousness, sleeplessness, melancholy, " all-gono " and " waut-to-bc-left-alone " fculings, blurs, and hopelessness, they should remember thero is one tried and tine remedy. Lydia E. Pinkliam's Vegetable Compound ut onco removes such troubles. Rofuso to buy any other medicine, for you need tho best. $ 5000 REWARD i be paid to lay genuine, or wa iloii. I.ydla E. ALL NEWSDEALERS HAVE IT ASK FOR IT TODAY IM January Pilgrim A Magazine of Progress Published at Battle Greeky Michigan. NOTE THE SPECIAL FEATURES The Justice of By Mis Excellency Chinese Minister Another View of Chinese Exclusion, Jltj Jfenry George, Jr. New York Social Settlements, Jly Guatavus Meyers, Verestchagin, the Famous Russian Painter, Jiy Franklin IT. Wcntuvrth. Four Women Story Writers, By Cynthia Wcstover Alucn.' Men and Matters of Moment, Jiy the Editor, Willis J. Abbot. - Our 1002 program Includes tho following well known contributor: William J. Ilryun, Edward Evurott Halo, Flnlcy l'otor Dunno (Mr. Doploy), Julian Hawthorne, Ira D. Snnkoy, Sylvester Maxtor,' Major' H. " M. Jones, Henry Soton Mcrrlnutn, Julia Holmes Smith, Prof. Edward W. Heinle?, Ernest II. Crosby, Edward' W. Townsend, Stephen Honsal, Clara fiords, Henry I). Lloyd, Henry George, Jr., Cynthia Westovor Allien, Itev. Jenkln Lloyd Jones, Slownrt Edward White. 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