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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 26, 1902)
THE OMAIIA DAILY BEE: SUNDAY, JANUARY 20, 1002. "5 3 t ( RESERVE AND SCHOOL FUNDS lalsie ti Hand Ron High Dnriif Hit Taai f Offloi. INTEREST HARD Tt TRACE ON THE BOIKI Records Do Not Show What Fands Were Concerned In Credit Glren a the End of Each Year. NEBRASKAN HELD FOR MURDER NEBRASKA 1RR1CAU0N ACT (From a Staff Correspondent.) LINCOLN, Jan. 25. (Special Telegram.) Talk around the state house still centers on the Indictment Of former State Treasurer John 11. Meservc by tho Douglas county grand Jury. An examination of the records In the treasury department shows that the average dally balance of the permanent chool funds of the stato during the last, term Meservc served as treasurer was ap proximately $251,000. On January 3, 1901, the day Meservo retired from office, the permanent educational funds uninvested amounted to $91,000. This was' tho low water mark up to that time. Only jon In frequent occasions did the uninvested por tion fall below $150,000, and It was usually over $260,000, and sometimes over $300,000. During Mescrve's first term the average dally uninvested balance was slightly above that of his second term. It may bo easily calculated that $250,000 loaned out at the rate of 3 per cent Intorest per annum would bring a revenue of $7,500. Thus It will be seen that If Meservo had tho entire amount of uninvested permanent school funds In his possession during his last term of office loaned out as a personal Investment at tho rate of 3 per cent ho would have received for the uso of that money $7,500. 'llceoriln Disclose Little. Private Secretary Clancey has been going over tho accounts In tho treasurer's office with a vlow to obtaining some light upon Mescrve's transactions with the permanent school funds, but his efforts bavo met with enly partial success. He was unable to find any record of tho payment of Interest received on tho permanent school fund bal ances' other, of course, than that paid ,on money which was regularly and legally In fested In bonds or other authorized securi ties. "It, ma be easy to prove that Mr. Me servo received interest on pormanent school funds Invested "in tho Sputh Omaha bank, but there may bo somo difficulty in showing that he rotalned tho money so received for his private use," said Mr. Clancey today. "Tho records of tho treasurer's office show that Mr. Mescrve, at tho end of ca'ch year of his service, gave credit .for receiving several thousands of dollars Interest, but In no case did ixo specify on what partlcu lar fund3 tho Interest was paid. So far as can be determined from the records, the Interest money may havo been on any of tho various state funds. The presumption, of course, Is that tho money on which tho Intorest was paid belonged ,to the ordinary state funds, and not to the permanent educational funds, but Mr. Meservo may say that tho Interest money so paid, or a part of It, was the money he was alleged to havo received from the South Omaha bank." Proat and the Prosecution. It Is not likely that Attorney General Prout will tako any part In the case, unless he Is asked to do so. "Tho county attornoy of Douglas county, I presume,. Is looking after tho matter," said Mr. Prout today. "I know aothlng whatever of tho case further than what I have read In tho newspapers. If Mr. Me serve received Interest money, as charged. and retained It for his own use. he Is undoubtedly guilty of embezzlement. The laws on this subject are very strict." Son of Wood nlver Farmer Await Trial In Mnnltohn for Kill Ins; Companion, WOOD ntVEtl, Neb., Jan. 2 (Special.) Charles Dtanch Bullock, for many years living at Wood River, Is In Jail In Edmont Ington, Manitoba, an -tho charge of killing Leon Stanton. Tho crime Is alleged to have been committed In the latter part, of last August. Dullock and Stanton worked on tho railroad grado near Altamont, Wyo., until the first of last August, when the two left Altamout for Alberta, Canada. Stanton had saved $660 In wages, while Dullock, who spent his money freely, had only $40 when the two left Altamont. In tho latter part of August people liv ing In a suburb of Edmontlngton, Manito ba, were aroused at 12 o'clock at night by repeated pistol shots. They found Dul lock wandering .aimlessly about. Ho ap peared like a madman, but said he was lost and fired to attract attention. Letters from Stanton to his mother, living t Peoria, III., ceased entirely. After sov- eral months she wrote to the postmaster at Altamont In regard to her son, and re ceived a' reply that Dullock and Stanton had departed together, ostensibly for Can ada. They were traced to Edmontlngton, whoro Bulock was found, but he professed to know nothing about Stanton. This aroused suspicion and Bullock's strange conduct several months before was recalled and a search of the promises near where the shots had been fired was made, and Furtkir IrUfs ia Cist Iiysbinf Iti Gsiititititnalit;. CONTEST OVER TAPPING OF STREAM Itespnnse to Interrogatories of Co art Filed In Matter of Leroy Hall of Darren Count;- State Donrd to Consider IrrlRatlon Cases. The (From a Staff Correspondent.) LINCOLN, Jan. 25. (Special.) Additional briefs, containing new arguments nnd a re sponse to the Interrogatories of the court, wero filed In behalf of tho Crawford com pany In tho supreme court today In tho case brought by Leroy Halt, In Dawes county. Tho action Involves tho consti tutionality of the Nebraska Irrigation act nnd has been pending In .the BUprcme court several years. Leroy Hall owns a mill on tho Whlto river nnd Is seeking to restrain tho Crawford Irrigating company from -appropriating tho waters of that stream for Irrigating purposes. In his petition to tho court, Leroy Hall contended that so much of the act as sought to confer upon the stute board of Irriga tion the exercise of Judicial functions, was unconstitutional, alleging that the legisla ture copied tho act from tho Irrigation net of the state of Wyoming, which was mill could not complain It those above- him consumed tho water for domestic uso, and this Is true whether he bases his right upon the doctrine of riparian ownership or appropriation at any point on the stream. Boforo tho doctrine of prior appropriation was In any way declared and whlto the doctrine of riparian rights was tho only doctrine It was tho prlvllego of tho upper occupant upon tho bank of the stream to takfl out of the stream all of tho water that he needed, even though he thereby1 doprlvo tho lower proprietor of that which ho required for his domestic use. Hcnco It follows that the domestic needs of all tho people on tho creek above tho milt are to bo supplied regardless of the needs of the mlllowncr. It therefore follows that tho water they may need for domestic use, they may take, and as tho Inhabitants of Crawford and Fort Robinson nro on the bankt; of the creek above the milt they may take what they need for do mestic uso. Whether they havo the water brought to them through the plaintiff's canal or otherwise must bo a matter 'of Indlfferenco to tho mlllowncr, as tho effect upon the supply Is Just tho samo In any event. KELLEY, STIGER & CO. LAST WEEK OF GREAT DISCOUNT SALE, Sale Closes January 31, Extra Attractions for the Last Six Days fifty Per Cent Dis count. Long Coats Jackets, Cloth Raglans, Qjpes, Misses' Long night of the Mill Owner, "Tho right of, tho min owner depends Coats nntl Jackets, no reserves, euner upon riparian owncrsnip or prior ap propriation. It cannot depend upon both our exclusive Styles iliellld Because too one uocirjuo is uirecuy oppueuu to tho other. If It depends upon riparian ownership ownorshlp of the bank of tho stream then anyone who owns cvor so small a section of the banks of the stream Is entitled to the full flow of the water If all the rights of riparian ownorshlp apply, ed in this sale. Just lmlf priuo for any coat in the house. after two weeks of tedious search tho dead adopted In that state under a constitution i thoreforo hc may onjoln anyone above him body of Stahton was, on January 10, found burled under a clump of bushes a short distance from town. Bullock bad In tho meantime left town, but was traced to Great Falls, where 'tie was arrested and brought back to Edmont lngton. Tho trial Is set for February 3. At torneys Robinson and Brayton havo been retained to defend him. Blanch Bullock, as ho Is commonly known here, Is the son of E. K. Bullock, a highly respected farmer living near Wood River. Blanch Is 28 years old and has lived on a farm within two miles of wood River for twelve years. Two years ago be left Wood River, going from here to Wyom ing. He was a very, quiet young man and whilo hero bore an excellent reputation. Leon Stanton, tho man whom Bullock Is charged with murdering, xs& 31 years qld. His homo was near 'Peoria, III., but ho bad been working at different points In the' west for tho past five years. which authorized such legislation, while , the constitution of Nebraska does not au thorize or permit such legislation In so far as the adjudication of the rights to tho uso of water are concerned. Each party divert ing water from Whlto river or Its tribu taries, or using it or claiming a right Mo divert or use it, was made a defendant In the action. The purpose of the bill was' to Discount 33JPer Cent Off All Furs Scarfs, Collarettes, Astrakhan Capes and Muffs, separate ,or to match rifcek pieces, including quiet the plaintiff's title to tho uso of tho .... . ,iomcstl0 uso. acrlculturc rrin nnuiilnit l.'Snl nf t n,t water which ho sought to take from the op manutfl-cture8 then wo say that to. doc- 11 - river. who seeks to divert It. Tho effect or so disastrous a doctrlno ought to forbid Its discussion nnd Its lack of reason should perpetually condemn It. If tho mill own er's fight Is based upon a prior appropria tion, then it Is ror an interior purposo un der this act. It the right of defendant, Hall, accrued prior to tho passago of any net of the legislature touching tho doctrlno of Life. Is Only 31 Years What sized estate do you think th"s average man leaves? How much -do you expeet to accumulate? Think over the 'names of fifteen of your friends and relatives, who have passed away, and estimate their worth. It's surpris ing, It Is not, how small the amount? Yet, when at youY age, their future was as bright and they were as confi dent as you are now. These facts seem hard to apply to one's self, but Is It not usually correct? Is It possi ble you may be disappointed? A policy In the Equitable, maturing in later years to yourself, If you live, .or to your Family at death, will - dispel many a dark cloud that could not be otherwise lifted. If You Live Twenty Years 1 From Now Your earning power will probably be less than It is now What Is' your old age going to bet- Shut your eyes and tako a look Into the future , Is there happiness and rest In store for you? Or weariness and dependence? Wouldn't you feel safer If you had a substantial life assurance policy to protect you when the sunset, days come? And then, too, In the meantlmo It would be protecting the wlfo and little ones it auythlug should happen to you THE EQUITABLE . LIFE ASSURANCE SOCIETY." H. D. NEELY, Manafer for Nebraska. Merchants National Bank Buildlnr, OMAHA. ACETYLENE .J3AS EXPLODES Windows Shattered, Store Tinned Over and Clerk Stnnned by Concussion. ARCADIA, Neb., Jan. 25. (Special Tele gram.) In tho midst of a blinding snow storm tho acetylene gas plant, which lights John Wall's store of this city, exploded tonight, blowing out all of the windows, tossing goods about promiscuously' and stunning tho clerk. ' No one Was at the store at tho time of tho explosion except the clerk and two cus tomers. Tbey were sitting by" the Are when they heard. a curious noise coming from tho cellar, where tho plant Is situated. Tho clerk started to go down to Investigate th cause, and Just as he reached the collar tho gas exploded. No causo for tho explosion known. The lights had been working In the storo the same as usual, but at the houso, which Is about two blocks away. In which Mr. Wall has lights connected with gas pipe with the storo plant, the lights refused to work. After the explosion tho storo was In a state of chaos, as fire was feared from the stove, which was tipped over by the concussion. Things wero soon cleared up and carpenters wero put to work boarding up tho front of tho store until new win dow glass can be ordered. Tbo loss Is esti mated at about- $500. Ilack to Loulnlnnn Purchase, Going back to the tlmo of the Louisiana Purchase, Judgo Hamer of Kearney, who wroto tho brief, argues as follows: "No braska Is a part of tho Louisiana Purchase. Artlclo 3 of tho treaty betweon the United States of America and tho French repub lic, touching that purchase, provides that tho Inhabitants of the ceded territory shall bo IncorDorated In tho Union of tho United States, and admitted as soon as possible, according to tho principles of tho federal constitution, to tho enjoyment of all tho rights, 'advantages' and Immunities of citi zens o tho United States: In tho meantlmo they shall be maintained and, protected In tho freo f njoyment of their liberty, prop erty and tho religion which they possess. The civil law was In force In tho territory of Louisiana at tho tlmo thlB treaty was adopted. The civil law was therefore ex tended over Into Nebraska. Tho civil law Includes the doctrine of the appropriation of water. Therefore, when .this treaty was adoDtcd. the rteht of diversion or water trlno of tho common law was never In forco in flir lntpjr. shnnos In this stato so as to wlpo nut the doctrine of necessity as to cither domestic uso or agriculture, and therefore, the only vested right which the mill owner could obtain was the right to use such excess of water as was not a necessity for both domestic use and agriculture." Conditions In Country Affected. 50 Percent Discount on Remnants, All remnants that have accu- Touching upon tho tocni condition of tho muluted during our discount iiintrif fttnntnA liv inn man inn nfrnrtinvl . c sale on Blrtck and Colored Dress Goods, lengths from yard and continues: "That water artificially applied grows food In great abundance may bo fcs c'ertalned by nnyono Who will tako tbo trou- lit . n nn n n.li1i.Ani,t TftilaAnnlfl n. XT V. Platte, Neb., or to Greeley. Colo... as also to uiiu-mui tu iuur yitrus ana one hundreds of other Irrigated sections nlLovcr tho west. That food may not bo grown without such application, 40,000 heads of families who havo been driven out of west ern Nebraska by perpetual drouth are ready to testify. Thousands of abandoned farms In Dawes, Box Butte, Cheyenne, Sheridan, Cherry and other counties In Nebraska are ready to corroborato their uncontradicted testimony. Thcso farms, rich In soll'and half, all at just one-half former prices. 20 Per Ct. Discount 4 on entire stock Colored Dress Goods and Black Dress (ioods 20 1BK CENT DISCOUNT on Entire stock of Women's and Children's Winter Underwent Union Suits, Pants and Vests. ' '20 PER CENT DISCOUNT on Men's and Boys' Winter Un derwear, Union Suits, Shirts and Drawers. FLANNELS 20 PER CENT DISCOUNT. 20 per cent discount off nil Fnunels, including Outing, Scotch, Shirting-, Skirting Flan nel in all colors and Eiderdowns also lilien warp Flannels, silk warp FJannes and embroidered edge, bnby Flannels, 20 per cent off. FRENCH FLANNELS 20 PER CENT OFF. t ' 20 per cent discount off all our plain Ifreuch Flannels and figured Flannels 20 per ct off. BLANKETS 20 PER CENT DISCOUNT. 20 per cent discount off all our white, gray nnd tan fleece Blankets; also woolen Blank ets of every kind 20 per ct. off. COMFORTS 20 PER CENT OFF. , 20 per ceit discount off all our silkoline, cotton filled Conf forts; also down Comforts ia every oize 20 per cent off. Last Call On January Linens - Five more days and the GREAT LIKE! SALE will be over. Every odd cloth, odd napkin nnd tablo tlncn by tho yard will bo sold at a clcan-up-prlce. Read this nd carefully. 83c tables tlncn, unbleached, and 2 yards wide, 65c yard, 9So" tabte linen, bleached, and. 2 yards wide, 65c yard. $1.10 tabte linen, bleached, and 2 yards wide, 69c yard. $1.29 tables linen, bleached, and 2 yards wide. 73c yard. $1.35 nnd $1.40 tablo linen, btctched and unhlcachcd, 2 yards wide, Sflc yard., $2.00 tablo linen, blenched, nnd 2 yards Lwldo, $1.23 yard. $2.33 tablo linen, bleached, and 2 yards wide, nt $1.49 yard. $3.00 pattern cloths, 2x2 yards, $l.0S each. $3.30 pattorn cloths, 2x2V4 yards,$2.48 acli $4.25 pattern cloths, 2x3 yards, $2.0S each. Remnants of Table Linen J I'rom 1 to 3H yards Ions. In all qual ities and wjdths at almost half regular prices. Napkins. $2.25 napkins at $1.50 dozen. $2.76 napkins at $1.98 dozen. $3.00 napkins at $2.15 dozon. $3.50 napkins at $2.48 dozen. $3;75 napkins at $2.69 dozen. $6.00 napkins at $3.95 dozen. Bedspreads $1.75 fringed spreads, full size, $1.39 each. $2.00 hemmed spreads, full size, $1.69 each. $135 fringed spreads, cut corners, hill size $1.85 each. 1 $3.50 hemmed marselllcs spreads, full size, $2.48 each. $.00 hemmed marselllcs spreads, full size, $3.25 each. from tho running streams ot mo territory h ,n BurfQco nnd containing 160 acres fnr domestic uso and Irrigation was in full K . ,. . I'acn, nro ueiug euiu for domestic uso and Irrigation force and effect and ttjvas a property right protected by tho treaty quoted. "If tho territorial legislature had un dertaken tto pass a law providing tnat any person who purchased a tract of land from tho United States within tho boundaries of tho territory of Nebraska should bo held to bo entitled, to tho full (low of any natural stream running upon sad land, Its act would havo been a nullity .becauso tor hidden by the organic law.. It wouia Havo been an Interference with tho 'primary dls nnni of tho soil. Any action of tho terrl torv by which Is affected tho sale of the. lands of the United States, either In price or quantity, would be an interference. Any action which made meso lanas icss desirable or reduced the number of pur chasers would have been an Interference Prohibited from Tnailng II. at from $100 to $200 apiece." Tho closing address to tho court Is: "Your honors hold a great Industry, tho credit' of the stato and Its present and future welfare In your hands. The farmer, tho merchant, tho mechanic, the laborer, tho stockman, the railroad man, tho banker and tho cap Itallst alike appeal to you. With ono ac cord they pray that a great state, yet In Its Infancy, may bo accorded the opportunity ot taking Its place In tho near futuro along side of Now York, Pennsylvania, Ohio and Illinois. Permit us onco moro to remind tho court that no question of such'' magni tude as this has been picsontcd beforo tt for many years and no question of greater magnitude Is likely to bo presented In tho lifetime of any of your honors." Ntnte nnnrd of Irrlsnllon. DON'T FAIL TO SEE OUR BEAUTIFUL NEW EMBROIDERIES. CORNER FARNAM AND FIFTEENTH STREETS. GIVES BONDS' FOR COSTS J. 0. Wslity QiartntMi Osnty'i Exptut - ii Triali. f - ELK CREEK CITIZENS UNDER ARREST Tha Qfatn TXrtorA nt Trrlcvnllnn will mat "Now what tho territorial legislature did ncjt Tuesdny at the Btato nouge lo consder Cass County Candtdnles PLATTSMOUTH. Neb., Jan. 2G. (Special.) was to pass an act concerning thci common tno faKC o Nlcnoas jiecabo, against Maud Tho republicans of Cass county consider law. If for bo otner reason ine uoivriuo u HInmani appealed from Lincoln county, they 'have found a man who will bo ac- tno common mw -. 7- and tho Farmers ani. Mcrcnants' irrigation ccptable to the people of the stato as a the. stream 10 wo ownci "i company against tho Gothenburg Power and candidate for governor In tho person or vow m noroa " " irrigation, company, xne latter win como Hon. It. B. Windham of Plattsmouth. It legislature, at tne urao 11 paastu-mu up on a motion for a rehearing. Both are Is urged In his behalf that he haB never was prohibited from passing that part of it, ca8CB of considerable local Importanco nnd been allied with any political faction In It could not indirectly ao w.nai u was iur- ,lave bcen pendng CCVeral months, bidden 10 QO aireuuy. a" luuvu v. - Thn A N Fr ck & H0 comnaHv nf Dmnhn trlno of the- common law as Is obnoxious to ha8 flled artlcica of incorporation vwlth tho son, this Inhibition of tho organic act Is thero- gCcrotary of state. Tho Incorporators are WIc fore void. Andrew Frlck, Louis Edward, Henry Frlck Held far Trim on Charge of Intlml- dntlnar Woolsey and Wife and Erivtnff Them Oat of Town. world, drifting to Denver after a time, and thero being employed in a drugstore and later as a servant In the Cnrcy family, un til last week, when she bought a ticket to New York, where her father now lives, and had her trunks checked through, but secured a stopover Jo visit a. few days here, and was arrested lata Tuesday night at the home of a relative. The presumption of tho prosecution Is that sho stole tho ring and by Its sale pro cured money for thotrlp. auuui tou was iounu in ner possession. Sho reports that Ren has been In Denver, but that he recently enlisted for scrvlco In tho Philippines, and thero are those here who suspect that his conduct is' In some way responsible for her present trouble. the state; has" always been a consistent republican; Is a man ot conservative Ideas; has served two terms In the stato legisla ture, .and during the la'st campaign was honored with a place on the electoral ticket, TECUMSEH. Neb.. Jan. 25. fSDeclal.l All day yesterday tho time of tho county court Lore, was taken up with the case ot tho stato of Nebraska versus C. E. Law rence, Hiram Lawrence, innicy Tracy, Lemuel Tracy, N. H. Llbby Bert Thomp- Wlck Thompson, Will Waldley, Wilt WIckham and Isaac Benbam. J. G. Woolsey, a business roan of Hubbel, Salt on Tontine HASTINGS, Scheme'. 25. (Special.) "Tho, people of this stato havo seemingly and j,, jjcAvoy. Tho company will con- but at one tlmo a resident of EJk Creek, Neb., Jan. Suit was commenced In the district court yesterday by the receiver of a tontlno com pany to recover about $2,000 due tho sub scribers to tho scheme and for an account ing of tho money received and paid ,out by tho company. Tho company being sued Is tho "assignee suffering from an epidemic of smalpox. The schools, churches and public meetings are all prohibited and the hotel la quar antined. 1 An Attack of Pneumonia Warded OC "Some time' ago my daughter caught a severe cold. She complained of pains In her chest and had a bad coughs I gave her Chamberlain's Cough Remedy according to directions and in two days .sho was well and able, to go to school. I have used this remedy In my family for tho 'past seven years and havo nevor known St to fall," says James Prendergast, merchant. Annate Bay, Jamaica, West IrMla. Islands. Th pains In tho chest Indicated an approaching attack ot pneumonia, which In thlsMnstanca was undoubtedly warded, off by Chamber lain's Cough Remedy. It counteracts any tendency of a cold toward pneumonia. For salo by all druggists. Mr. Windham has been a resident of this always been under tne impression inai moy duct a wnoegaie and retail liquor business. Is the complainant against theso men, and of another company, which failed nearly state thirty-five years and has been a prominent member of the bar twenty-Ave. years. Hon. E. M. Pollard of Nehawka was In Plattsmouth shaking hands with old friends yesterday. His name Is also being men tioned as a candidate for the nomination had a right taao wim mo waier, in me ru.i- An amendmcnt to tho article of lncor ulng streams as they UKed. ine set 01 iboj poratlon of tho Omaha Cold Storage com reforred to railways ana otner internal ira- pany wg8 flIed lodajr provldIng for nn In nrovemonts. Tbo "other improvements ntmiM nn doubt cover canals. It Is proba ble that under the 'act of .1865 concerning Internal improvements, that bonds voted for of governor. Cass Is one of the leading tho purpose of constructing Irrigating canals crease In the capital stock of' the company ot from $100,000 to $200,000. Governor Savago Is expected to return homo tomorrow morning. counties of Nebraska, but has never been honored by having pne of its citizens elected to fill a state office. . Charge of Murderous Assaalt. COLUMBUS, Neb" Jan. 25l (Special.) Vincent C. Connelly, held to the district court on the charge of murderous assault upon Andrew Cbrlstensen, was sent back to Jail last Monday in default ot recogni zance In the sum of $1,000, has gained his liberty, Samuel Connelly, a wealthy far mer ot the Lindsay neighborhood and uncle ot the young man, having entered Into re cognizance for his appearance at the next term of the district court. Organise HARVARD, Dullness Men's Clnb. 25. (Special.) Neb., .Jan, At a well-attended meeting of business men hld last evening at the offloe of T. H. Matters, the Harvard Business Men's club was organized with these officers: T. H; Matters, president; S. J. Rico, vice presi dent; T. Kuenneth, secretary; J. Delanoy, treasurer; T. H. Matters, Fred Kuenneth, O. A. Herzog. J. H. Yost'. M. Hartley. H. fi. Thomas and L. A. Hlgglns, executive committee. . Entertainment at Yntan. YUTAN, Neb., Jan. 25. (Special.) Miss Bertha Gerlcko of Lincoln, a pupil ot tho celebrated Frauleln Sohn ot Berlin, gave a recital here last night under the auspices ot the Maennercbor, directed by Dr, G. A. Noeff1. The audience was pleased and gave MUs Gerlcke as .well -as the' other perform ers rounds ot applause. Miss Gerlcke- ex pects to go to New York shortly and then to German?. v r To Organise Commercial Clnb, DAVID CITY, Neb., Jan. 23. (Special.) The business men of David City have' taken the preliminary steps toward tbo organiza tion of a commercial club. ' About one hundred have already signed the list. A committee, with Captain J. F. Zullnger as chairman, now has the matter In charge. En the Show. CEDAR RAPIDS, la., Janf -25. "(Special.) Three men managed an entertainment here last evening, after which they re ceived a shower of eggs and stale vege tables. Their show consisted ot a phono graph and a so-called comedian. . (Tniallpox nt I.elsth. LEIGH, Neb.. Jan. 35. (Special.) Mrs. John Ponlaa, of twelve miles southeast of Leigh, Is seriously III with smallpox. Tho board of health has established a strict quarantine and guards are stationed at tho houst w mlcht Drobably be determined to be valid, nnd to he a lien unon the property. But whether so or not, the act of 1877 specific ally Drovlded that the provision of the in ternal. Improvement act of I860 should apply to the construction of canals. This act of 1877. Drovlded for tho construction of the canal, the voting of bonds to aid in con. structlon and condemnation of right-of-way, and It Is specifically provided that the pro vision ot the act of 1869 with reference to internal Improvements should apply to the construction of thcso canals. No ono scams to have questioned tho right to dlverV water for the purpose of filling theso canals. No one seems to havo entertained tho Idea- that a prtvato ownor ot a tract ot land upon the banks of the creek owns tne oreejc ana was entitled to the full flow ot the water through his premises. The act of 1889 pro ceeds upon the theory that tho water be- tn tlin mihlift nnd tnat tnev nad a rteht to tako It for the purpose Of using It I either for domestic use. Irrigation or man ufacture. This act was amended in .1858 and a new act was passed In 1895 which contained part of tbo provisions of each aot passed before that time. The provisions of the act of 1869 were still retained as appli- cablo, and provisions of the act of 1889 were also' retained. Innnnlng Streams ns People's Property. "Decisions of this court upon property rights rising undor these several acts, have been rendered, and these decisions have assumed lust what the peoplo themselves had assumed by legislative enactment,, that as the water in tho running streams be longed to the peoplo that It was the pub llcl juris, and that It could be taken and turned into canals for the benefit ot the people and applied to beneficial uses'. It was not until this case -was reached that the courts -seemed inclined to take an atarmlng view. Now we say that this court, by decisions which It has rendered, has already committed Itself to tho view that the wafer belongs to the people, that It may be rightfully taken into an Irriga tion canal and applied to tbesurface ot the coll tor the benefit ot the people." Taking up tho Interrogatories ot tbo court, Judge Hamer continues: "Concern ing tho Jaqulrles of the court made at the argument, touching the theories ot tba common law, we havo to say that It seems to us that thero Is apparently no conflict between the common law and the doctrine of appropriation coaccrnlng the application of water to domestic use. Under both the common law and the doctrine of appropria tion the atet for domestic use Is regarded as a necessity and under both all tho water In the creek may be taken for domestic use at any point on the stream where the water ia accestlble, The gwncr ( the Good Price for Ponltrr. HASTINGS, Nob., Jan. 25. (Special.) The Dally Republican, a stiver republican Journal, is making a roar because the Ar mours, who have a poultry house here, are paying more for poultry than another house can afford to pay. The 'farmers and farmers' wives seem to be pleased to re- celvo good fair prices for their fowls. Live poultry Is quoted higher here than at Omaha. the men are now living at Elk Creek. It seems that soma four years ago Mr. Wooli sey and tho wife ot Mr. C. E. Lawrence, who Is now tho wife of Mr. Woolsey, were principals In an eloping episode. Tbey aro charged with having very unceremoniously left Elk Creek, each leaving a family be hind, and going to California, rwnere tney were married after divorces had 'been secured. All was well until tbo couple returned to Elk Creek, December 26. On tbo evening year ago and which had about $2,000 of paid-up contracts, and which bad not been paid to tho subscribers. It is quite gcn orally understood that the subscribers' money has been used for other purposes. Light Company Elects Officers. YORK, Neb., Jan. 25. (Special.) At a meeting of the stockholders of the York Electric Light company, the old officers were ro-elected. George B. Reed, presl- of that day a committee of some thirty rep- George W. Schreck, secretary, manager and rcsentatlve men ot the village waited upon treasurer. This company is doing a largely Divorces nt Osceoln. OSCEOLA, Neb., Jan. 25. (Special.) These divorces have been granted dur ing tbo last week In the district court: Minerva C. Kirk against Lana B. Kirk; Minnie Brewer against Frank Brewer; Ethel F. Farrls against Clarence A. Far rls; Jessie Green against William Green; John C. Sanders against Anna C. Sanders. CAPITAL. STOCK INCREASED. Annual Meeting of Paris Medicine Compnny, Held nt Paris, Tenn From St. Loula Republic. Tbo annual meeting of tho Paris Medicine company of St. Louis was held last Tues day at Paris, Tenn. Tho capital stock was increased to $100,000. The statement showed1 that tho company did the largest hnd most profltablo business of Its career last year. E. W. Grove, the organizer of the company, was re-elected president1, A H. Duncan vice president and F. L. Seely secretary aad treasurer. Mr. Seely Is In charge of the St. Louis office at No. 2624 Pine street. Ho said tbo business ot tbo company Is growing rapidly and that Its' product has been received with favor nil over tho world. The sales of Laxatlvo Bromo-Qulnlno last year were nearly 6,000,000 boxes, and the prospects are that tho number will be greatly in creased this year. The Bromo-Qulnlne Tablets were first made at Paris, Tenn. The first building was an unpretentious structure and' the tablets were mode in small quantities. The merit nf thn medicine was soon discovered and the' orders came In so rabidly that tho company wbb compolled to move Into larger quarters and the small factory gave place to ohe giving employment to a largo number of persons, so that at the present time tbey consumo ten tons ot quinine an nually. A handsome office and warehouse Is maintained In this city. Shortly after the business was established tt was found ad visable to make this city the principal dls tributlng point. Mr, and Mrs. Seely made a tour ot the world, In the Interests of the company, and whilo in Paris, Tenn., Mr, Seely. jave two stereopUcoa lectures. Mr. and Mrs. Woolsey at the home ot Mr. Zack Cody, where they were stopping, and Informed them tha it they wasted any time In leaving the place a coat of tar and feathers would be administered. The Woolsoys took the men at their word and, securing a rig, drove out of town at' once. It is said the air was rent with veils and pistol shots as they drove away. Mr. Woolsey had these men arrested on tho charge of threatening, with the result that at tho beginning of the case yester day there was a lull of a few hours to al low Mr. Woolsey to give bonds for costs. Judgo James Livingston fixed bond In each case at $200, which was given. The prosecution wsb In the bands of Countv Attorney True and ueorgo A, Adams of Lincoln, ;whlle Judgo S. P. David son nnneared for the defendants. Tho case was very Interesting ana mo court room was crowded. Increased business and has made Improve ments In tho past two years of nearly $5,000 and are going to further Improve to the amount of $3,000. It Is oho ot the best electric light plants in the state. To Move Their Dry Goods Store. WYMORE. Neb., Jan. 25. (Special.) Steele Bros. & Ratter, dry goods dealers 1n tho Jones block, have decided to move to Hebron, Neb., whon their leaao Is up. Smallpox- at Wlnslde. WINSIDE. Neb., Jan. 25. This town Is ONE WOODWARD SENTENCED Police Supposed to Hare the Other lit Custody nnd Crowd Grows Impatient. CASPER. Wyo., Jan. 25. Special Tele gram.) Clarenco Woodward toddy pleaded guilty to grand larceny and was sentenced to three years In tbo penitentiary. The sfierlff at once left for Laramie with him. The supposed arrest ot his brother Charles hastoued tho matter, as, undoubtedly If he was in Jail with Charlos, who Is accused of killing Deputy Sheriff Rlcker, nd a crovd got In possession of the Jail, be would probably be bung. Charles Woodward Is expected in tonight, ,but tho officers will say nothing in the matter. Excitement is running high .and there Is mUch bitter talk. YOU should know that FOLEY'S HONBT AND TAR Is absolutely the best for all dis eases ot the throat and .lungs', Dealers ars authorized, to guarantee it to give satisfac The Black Diamond Express leaves Buffalo at noon via the Lehigh Valley railroad for New York. A la carte dining car service and "luxurious parlor and day coaches. Btop-ovor allowed at Niagara Falls on all through tickets to New York and 'Philadel phia. ' ' REQUISITION FOR s MRS. HAKE I wnnimi Taken from uoiumuus pro tests Her Innocence (ot Charge of nolibrry. COLUMBUS. Nob., Jan. 25. (Special.) ThomaB .L. Brown, a Denver aeteciivo, ar rived hero last night with requisition pa- nnrn for Mrs. Florence Hake, who Is charged with robbing a Mrs. uarey, oy whom she was employed as a servani, 01 a diamond ring valued at $goo, ana leri With his prisoner ovor the Burlington this morning, 'she still declaring her Innocence of tho crime charged. Mrs. Hako. who was Miss Routson, grew to womanhood In this city, graduating from the High, school here, and besides several families of relatives she has a large circle of friends who are Indignant at her ar rest, and tbey derlvo a measure 01 satisr faction from the Information that the fam ily prosecuting the case is a very wealthy one, agalost whom a Judgment for damages' would bo good. Tho woman's llfo has been a sad ono since, on an evil day, as tbo story goes here, she went to Omaha and wedded Ren Hake, then a guard at the Transmlsslsslppl exposition, who within a few' months de serted her, the bitterness of her lot soon being doubled by meeting a woman with a child who claimed a prior marriage to Ren Hake) still In legal force. Since then she baa battled alngle-bauded with the Here, Take 1 BmH This! -M&j.l Make him take it. His night cough has kept you awake , long enough. He wouldn't be so stubborn about it if he knew how quickly Ayer's Cherry Pectoral would cure a cough, even the coughs of bronchitis, croup, asthma, and la grippe. hen he's cured he will thank ,you for insisting upon having your own way. Your own doctor will uphold you in this. Try him ancj see.. " Ayer's Cherry Pectoral cured.my daughter of a very bad cough aftsr ws had tried about everything else without relief." E. D. Davis, Providence, R. I. itc, Uc, $1.04. J. C. AVER CO., Uwttl, Mas. J