8
THE OMAHA DAILY REE: SATURDAY, FEBltUATlY 1, 1902.
NEWS OF INTEREST FROM IOWA.
COW OIL
MlftOtl MH.NTIOS.
Davis sells drugs, t
Stockcrt sells enacts and rugs.
Metz beer at1, NfUinnyer's hotel.
Wollrnan, sclcntlH6 uptfdan, 409 B'wny.
Dr. Stephenson, llnldwjtf block. Elovatpr..
Twenty tier rojit. discount sale, Alexander
& Co., art dealers, 333 IV way.
Mltsourl ouk body wood. $3.G0 cord. , Wil
liam Welch, 23 N. Main, street. .Tel. 123.
Colonel Charles It. Hunnan has gone to
Chicago on business.
8. I'nrns worth has gono to. Hot Springs,
S. D., for treatment for rheumatism.
Mrs. W. H. CrowtlHon. wife of the pastor
of tho Klrst Chrlstlunsohurch, Is III with
grip.
Ihul Cox, colored, -was arrested last night,
charged with uesuultlrig his wife, a white
woman. ,
Mr. and Mrs. H. I. Hhlignrt returned yes
terday from n visit tit Colfax Springs and
Dos Moines.
Miss Htraub of Chlcngd, a former resident
of Council Muffs, Is guest of her cousin,
Miss II. Bprlnk.
D. Drlscoll. an employe of the gas com
pany, reported the loss of a gold watch to
tho polite last night.
Dr. Charles Haumelster of Panama, la.,
!s visiting his purents, Mr, and Mrs. M.
Uaumclster of l'ark uvetiuc.
Dr. Chnrles I'felffer of, Chicago Is visit
ng his mother, Mrs. Minnie I'felffer, who
teccntly returned from Denver.
Ocorgo W. Tyncr and Lydla 8. Shebcl,
both of Lincoln, Neb., were married. In this
city yesterday by Justice Fcrrler.
Mrs. K. I. Hoghcbone. 130C West Hroad
way, was found to be suffering from small
pox yesterday und was quarantined.
K. A. Wlckham has gono to Chicago,
having found a purchaser In that metrop
olis for $WW worth of paving certlllcutcs.
Tho members of Council camp, Woodmen
of the World, will meet this afternoon at 2
in their hall to attend tho funeral of
Thomas Johnson,
Centrally located two-story brick build
ing, deslrablo renting property, to be sold
quick; owner leaving city. D. J. Hutchin
son & Co., :iS Main street.
Tho clerks In the local postofflco will
meat Monday night In this federal building
to form a branch of the United National
Association of 1'ostolllce Clerks.
D. D, Jones has brought suit In the dis
trict court against V). 1). Hlrd and Harry
Lewis to enforce tho performance of n con
tract for the sale of real estate.
Elder l' M. Cooper lectured last night In
the hall at Twenty-fourth street and
Avenue H on "Tho Evils of Utah Mormnn
lsm In Contrast with Our I.atter-Day
Bnlntlsm."
Hew James Thompson of New York will
occupy the pulpit at both' services In the
First Congregational church Sunday. This
wilt close his engagement with the church
for the. present.
Frank Adams, stockman of Moorchead,
la., who was severely Injured a few weeks
ngo In n wreck on tho Northwestern at
Missouri Valley. Is In a critical condition
at St. liernard's hospltnl. (
rvu - i t . . , ... , )
l UU . .(til l... in , iiwuiun uijiiiifuil ..111 1..J
this afternoon at 3 from tho family resi
dence, lu.)i lsnst wasiungton avenue, itev.
Simms will conduct tho services und burial
will bo In Walnut Hill cemetery.
Republic, and Women's' Hellef corps will .
havo u Joint social session In Grand Army J
hall ton gilt. Hie memoers or mo post
Will III. Ul ,1k , OV b MuniMvno cefiiuil UU"
foro tho social.
Erwln II. Fogg, aged 09 years, died yes
terday afternoon tn Kt. Hornurd'M hospital
of general debility. Three, brothers, A. P.
Fogg of Hunue, la.; C. M. Fogg of Peorln,
111., and F. S. Fogg of Tama, la., and one
sister, Mrs. C. H. Wnrrcn of this city, sur
vlvo him.
Albert Thayer, aged 15 .years, n patient
for tho Inst three years In the Insane ward
of St. Hernard'M hospital, " died Thursday
night. Thayer was committed from Jeffer
son. Ia., wpere his relatives reside. The
body Is at l.unkley's undertaking rooms
awaiting word fiom tho rclntlves.
The llllngs for January Indicate that the
year 1902 will prove a record-breaker In tho
matter of real estate transfers. At the
close of business yesterday in tho ofllce of
tho county recorder 267 transfers hud been
filed for Jnnunry. tho considerations In
volved In which aggregated J.152,r18.0Ti.
Tho funeral of Mrs. Theodore N. Peterson
will be at 1:30 Sundny afternoon, Instead of
at ll:3t) a. m. us previously nnnounced. It
will bo from the family residence, 822
Fourth street, and burial will bo In Walnut
Hill cemetery Hev. William Freso or tho
German Lutheran church will conduct the
services.
Mayor Jennings has signified his Intention
to sign the contract awarded to K. A.
"Wlckhnm for the construction of tho brldgo
over Indian creek nt Mynster and North
Main streets. While not being in favor of
tho expenditure of such a largo sum of
money ho sees no use In opposing It when
tho contract was awarded by tho unani
mous vote of tho city council.
A pastoral, natural drum a, flavored with
the breezy local color of Tenncssco life and
permeated with the soft southern atmo
sphere of Its valleys, describes "A P.C
mancn of Coon Hollow," which has been
one of the substantial triumphs of the last
seven seasons. This success Is in part duo
to tho magnlllcent scenic- effectr, among
which nro a realistic steamboat race be
tween tho It. E. Leo and tho Natchez,' also
a cotton compress In actual operation. A
"red hot" troupo of malo nml femalo plan
tation darky dancers and an excellent vocal
nuartct add volume to the entertainment.
Tho piny will bo nt tho Dohnny theator to
morrow nigi
night.
u. n,
K. P. dance tonight.
Hughes' hall.
Lincoln Unities Kntertnlned.
Twenty-four members of tho Lincoln,
Neb., nerlo of Eaglos1 woro 'guests of. honor
Inst night nt tho meeting of the Council
Bluffs acrlo, and work in the initiation of
candidates was put on for tholr special
benefit. Those present from Lincoln wore:
C. M. Benson, J.'D. Mooro, M. C. McOoogan,
It. E. Flnley, C. I). Ponrod, J. D. Weeks.
O. A. nielnrfoldt. J. H. Hcrrick. n. J. Floyd,
William Lnwlor, F. A. Young, Mart Moran,
F. W. Krone, A. II. Koop, Emll Dahl, E. L.
nicbenson, H. W. Charters, R. H. Swltzer,
Nicholas Helsor, Herman Holdwtck, J. W
Palm, Fritz Watermnn, S. T. Weeks and
O. D. Cullnn. Following tho Initiation a
social session was held and refreshments
irero served.
HRE TIIOSI3 I.ENSf
will, that is where the superiority
in ,unr eyegmsHes nnu spectacles
lies. When wn test votir nvealirht
and grind our lino French crystalor
Brazilian ponbles to lit It, adjust
your glasses and put on tha proper
clip, you have a pair of spectacles
ofjcycgliusses that cannot bo ex
celled by anyone.
' WATCH IlKI'AIKIXO.
. FINK F.NC.IIAVINO. ,
Merman m. leffert
WJ n ROADWAY, Council Bluffs.
Optician, Jeweler, Engraveur.
Work is Guaranteed.
LEWIS CUTLER
Funeral Director
lUnrplUU tn W. li iilatsoi
XS I'BAKI. STMJCHT. 'Ikn T,
FARM LOANS 6d
BLUFFS.
CRECHE OUTGROWS ITS HOME
AuttiaU Obarititi Will Kit Iito ftek
Iiautud. '
SUPERINTENDENT GETS AN ASSISTANT
Cold Weather Increases .neiiinnds for
Provision nml. Clot hlntc, and Uii
iintlniiH Are I'rKcntly
Neolnl. '
The Associated Charities ,wlll remove Ita
Crccho from the corner . of Avenuo; D nml
Tenth street to tho Peck t homestead on
Olcn avenue. Tho present location lacks
tho needed playground for the children, of
whom there are twenty-two In the Crccho.
The chango will bo made as soon as altera
tions In tho Glen avenuo houso can he ef
fected. Tho' work has Increased to such an extent
that 'tho association has been forced to give
the superintendent, Mrs. Caroline Johnson,
an assistant, and MIsfttKato Montgomery, a
graduate child nurso of Omaha, has been
secured.
Tho cold weather has increased the de
mands upon the association for provisions
and clothing, and donations In this Una
arc urgently needed.
Tho association will hereafter havo Its
meetings In tho club rooms of the Council
muffs Woman's club.
Miss Caroline Dodge, president, has an
nounced theso committees:
Relief Mrs. J. P. Hess, chairman; Mrs.
W. D. Tarklngton, Mrs. Georgo Koollno,
Mrs. A. B. Moore, Miss Dcsslo Ileno, Miss
Marlon Denton.
Commissary Mrs. E. 0. Smith, chairman;
Mrs. Caroline Johnson.
Collections Mrs. Itay Hlxby, chairman,
with power to select her associates.
General Committee Mrs. J. N. Miller,
chairman; Mrs. Carollno Johnson, Mrs:
Phelps.
The next meeting of tho association will
he Monday afternoon at 2 o'clock In tho
club rooms, when the general reports will
bo read.
U. R. K. P. danco tonight. Hughes' hall.
POWERS OF HEALTH BOARDS
u . . .,,.. , ,, .. ,,
Supervisor Protest AsxnlnM tlie Inir-
ilen lnt Upon County
for KpMomlo.l
"Tllc Powers of local hoards of health In
tho matter of Incurring oxpenso should bo
materially curtailed by leglslativo
act,
was tho opinion expressed yesterday by
Colonel W. F. Baker, member of tho Board
of County Supervisors.
Colonel Baker Is a member of tho spe
cial commlttco appointed by the county
board to Investigate and pass on all claims
and bills Incurred In connection with the
core of smallpox pa'tlcnts. The bills so
far presented to tho board lndlcato that
tho expense of caring for smallpox cases
throughout tho county, especially In Coutii
ell Bluffs, will bo largo this winter. In
the opinion of the commlttco of which
Colonel Baker is a mqmber. provisions and
other supplies aro furnished to families
who ought to bo ablo to pay for tholr own
keep whllo quarantined.
Investigation by tho committee develops
tho fact that tho moment members of n
family aro placed under quarantlno for
smallpox they becomo practically charges
on tho county and thoy mako demands
for nil kinds of supplies, claiming that
they have absolutely nothing In tho houso.
In vlow of tho fact that In the city there
aro at present nearly 100 cases of small
pox, providing for them nil will provo a
heavy burden on tho county.
Not onty do persons quarantined for
smallpox demand that thoy be furnished
with all living necessaries, but they also
Insist that tho authorities provide feed for
whatever stock ,they may own. Ono note
worthy caso In this latter respect waa
called to tho attention of tho committee
yesterday. It was that of a man who with
his family was quarantined a 'few day3
ago. Ho owns flvo horses and yesterday
morning ho called up Deputy City Marshal
White, who has charge of such mattors,
and urged that hay nnd corn for tho ani
mals bo furnished at onco, othorwlso thoy
would starve to death. He claimed to be
unable to provide feed for tho borsos him
self while shut up in his hourc under quar
antine It was estimated that It would
cost $100 to feed the animals during tho
period of quarantine. City Marshal Albro
declined to order food for tho horses and
so notified tho owner, who answered that
If tho animals died from starvation ho
would surely sue tho county for damages,
Colonel Baker was unable to decide whether
the county waa liable In such a matter,
nnd will bring tho question boforo thn
county board at Its meeting In April.
The committee is Investigating tho finan
cial standing of evory family undor small
pox quarantlno with n vlow to refusing .
all bills for supplies furnished those which
are found to be able to support thomselven.
Regarding his statement that tho powers
of local boards of health as to Incurring
expense should be. curtnlled, Cnlonol Bakor
said he was of the opinion that the law
should bo so amended as to placo this power
In the county board. Under the law local
boards of health havo unlimited authority
to in:ur whatever oxpenso thoy deem nec
essary ln the protection and safeguarding
of tha public health. Whllo casting no re
flection on tho Board of Health of Council
Bluffs fn tho matter of expenditure. Colonel
Baker cited a number of Instances In which
he believed township boards, of health might
havo exercised more discretion and economy
In such matters. Ono glaring lnstanco In
which It Is claimed that' tho township board
of health showed a lack of business acumen
is that of th olalin of Dr. Tobey against
tho county for $1,200 tor caring for small
pox, suit for which Is now pending' In tho
superior court.
In view or tho fact that the cost to tho
county for caring for smallpox cases this
winter will run up into the thousands of
dollars, Colonel Baker Is of tho opinion that
too much caution and discretion cannot bo
exercised by tho boards of health In In
curring expenses. ,
Several of tho county officials were froo In
their criticism yosterday of tho action of
the city Board of Health In permitting
twenty boarders at the RevereJ houso to
leave that place beforo it was placed under
quarantine Thursday. The tact that the
dlseaso is prevalent in evory section of tho
city, they contend,' Is duo to tho lax meth
ods adopted by the local authorities this
QUKJK RELIEF, SWE RELIEF
BROWN'S BronchlalTrochss
FopOi
nil .
winter. Last winter, when tho disease
mado its appearance, no regulations wero
too strict to be enforced by tho health au
thorities, but this winter, the critics say,
tho local authorities despite the fact that
tho disease Is spreading dally, appear to
bo Indifferent as to tho enforcement of the
rules laid down by tho State Board of
Health.
Tho local Board of Health Is also se
verely criticised for not quarantining tho
Revere houso when a smallpox patient was
removed from there at the beginning of
January.
U. R. K. P. danco tonight. Hughes' hall.
Davis sells glass.
tinil Sues far Wnnrs.
Judgo B. E. Aylesworth of the superior
court occupied the bench of tho district
court yesterday afternoon. This, extension
of his Jurisdiction was not through a leg
islative act, but by reason of tho sudden Ill
ness of Judgo Thornell.
Tho suit of Eugene Mclntyre to recover j
$100 wages alleged to bo duo him by
Oeorgo S. Ward ''was being tried before
Judgo Thornell and a Jury when the Judgo
was taken 111 shortly beforo the noon re
cess, and ho announced that ho would bo
unable to presldo during tho afternoon. Ho
suggested that Judgo Aylesworth of tho su
perior court bo permitted to tako his placo
on tho bench and this, was agreed upon by
both Bides. '
Tho plaintiff, a young lad, worked for
Ward, a farmer of this county, nnd claims
that tho ' latter owes him $100 In wages.
Ward, on the other hnnd, denies his lia
bility and claims that when young Mo
Intyro's parents died ho took him Into his
household as a member of' his family and
that whatever work ho did has boon fully
compensated by tho board, lodging nnd
clothing ho received whllo under his roof.
Many witnesses, including many of the
neighboring farmers to Ward, have been
subpoenaed In Uio suit.
Gravel roofing. A. B. Read, CH Broadway.
Plumbing and heating. Blxby & Son.
Uenl Kstnti- Trniisfern.
Theso transfers wero filed yesterday In
tho abstract, tltlo and loan ofilco of J. Wi
Squire, 101 Pcnrl street:
Jennie Watson to C. W. Foster, lot
10, block 15, Mill add, w. (I $ 325
W. Dyo and wlfo to Dye Bros, & Co.,
lots 10 und 11, block 5, Macedonia,
w. d 7,000
Marietta E. Cross to William S. Tip
ton, n!4 neU 34-75-.", w. d 4,050
I. W. Russell and wlfo to E. M.
Smart, lots 0 nnd 7, block 3, Big
Grove, Oakland, w. d 523
Morris Colin and wlfo to A. H. AN
pirn, mull v' i of lots 2 nnd 3, block
9, Williams' 1st add, w. d 630
L. P. Madseu and wlfo to Amanda
G. Lohan, lots 4 nnd 5, McGee's sub
dlv of block 20. Hughes & Doni
phan's add, w. d ROO
Christian Nlcholul nnd wlfo to Chris
tian Puttmnnn, nw'J 14-70-40. w. d... 10,100
K. D. and Charles M. Burko nnd wives
to Fritz Scheef, nwi 11-76-38, w. d.. 8,100
'Frank Kinney nnd wlfo to Wllllnm J.
McDonald et nl, lots 13 and 14, block
G, Meredith's udd to town of Avoca,
w. d 600
W. S. Cooper nnd wife to Theodore
Hnsch, lots 3 nnd 4, block 2, Park
dale add to Council Bluffs, w. d G00
W. 11. Thonuis nnd F. S. Puscy und
wives to N. V. Dodge, trustee, 714
acres In 19-75-43, w. d 1
R. V. Innes to same, part swji 19-73-43,
w. d 125
N. Y. Tlumblng Co., telephone 250.
Davis sells glass.
Jlnrrlncc License.
Licenses to wed wero issued yesterday to
tho following:
Name nnd Residence. Age.
George W. Tyncr, Lincoln, Neb 42
Lydla S. Shcbol, Lincoln. Neb 37
J. P. Hnnke, Council Bluffs ,v.22
Bessie Y. It. Ilolton, Council Bluffs 21
QUARANTINE IN PES MOINES
loirn Htntr Ilonril May'Act, nml Chl
oiiKO llrnltli Commissioner Threat
en to Stop Trill n .
CHICAGO, Jan. 31. (Special Telegram.)
Clara Morris, tho onco famous actress.
Is alarmed by tho smallpox epidemic In
Des Moines and is considering tho advisa
bility of cancelling a dato she has to lec
ture In Iowa's capital next Monday. Sho
hcurd today there woro 500 cases of tho
disease In .that city and at once sought
Health Commissioner Reynolds and told
blm of her fears. The' prevalence of the
dlscaso In other places also caused hgr
to becomo vaccinated by Dr. Roynolds.
Ho told her ho had heard alarming reports
from Des Momcs nnd in order to ascertain 1
,tholr .truth had sent a trusted agent to
Iowa. Should It develop, ho said, that
there aro 500 cases in that city, ho will
at onco institute a rigorous quarantlno ,
against Dos Moines and stop every train
coming irom tnat city, preparatory i ,
luia mm, hu null t uuiliurcuuu wilu iiiu
officials of interested railroad lines late
this afternoon. His agont will report to-
morrow nnd if current reports nro proved
to bo anywhere near true Clara Morris
will at onco canc.el her lecturing date.
DES MOINES. Jan. 31. (Special Tole
gram.) Thero' are, according to City Phy
Btclan Schllts, 500 or moro cases of small
pox In Do Moines at present. Tho dls
caso la In a mild form and some difficulty
has been found In onforclng quarantine.
Secretary Kennedy of the Stato Board of
Health told Dr. Roynolds of the Chicago
board, tn reply to his Inquiry, that tho
Des Moines regulations wero loosely on-
forced. Secretary Kennedy said" that tho
sltuatton would bo discussed at tho meet
ing of tho stato board next Wednesday,
and that tho board might tako control in
Den Mnlnrw and nomnol a cenoral vaccina
tion and rigid quarantine. Under tho law
the stato beard has .the power totake such
action, when It believes ,tho local authori
ties aro not acting with sufficient vigor.
Wllllnmn Gets Dcnth Sentence.
OSKALOOSA, Ia Jan. 31. (Special Tel
egram.! Richard Williams, colored, was
sentenced to be hanged this nftornoon by
Judgo A. R. Dewey In tho Mahaska' county
district court. Tho dato for tho execution
of tho sentenco Is March 13, 1902. Tho
crlmo for which Williams was convicted
waa tho shooting of William Sharper, a
whlto man, at Buxton, a mining, camp, tho
afternoon of December 8, 1601, In a drinking
resort. Williams was looking 'for trouble
and provoked an argument by making
threats. Ho then drew n- forty-one caliber
rovolver and attempted to get nt ono man
and killed another, William Sharper.
Sharper wac shot In tho head and died in
stantly. JVllllams made a temporary es
cape, but was caught at Ottumwa and
tried In Mahaska county, The Jury brought
In a verdict of guilty of murder In the first
degree and. Judgo Dewoy overruled tho mo
tion for'a now trial. This Is tho first tlmo
in tho history of this Judicial district that
death sentence has been Imposed.- Tho
prisoner was transferred to Fort Madison,
whero tho execution Is to take placo.
W. C. Deluahmutt Recover.
GLENWOOD. Ia.. Jan. 31. (Special.)
W. C. Dclashmutt. tha Pacific City capital-
1st. whoso home burned January 28 during
his convalescence from a severo Illness, ia
much improved and will recover. The ox-
posuro from being compelled to removo
hurriedly In tbo freezing morning air made
him worso for a time, but he la now im
proving toadU.. iu.vu.jui.Xu
LEGISLATIVE SESSION SHORT
Small Nimbsr f Bills Prtmttd to Iswa
Lawatkiri.
.PARDON IS AIKED FCR AGED CONVICT
Petition for Commutation of Mrn
teller of Mnn Who Nnrrowly K
enpeil HniiKliiK for Murder
Thirty Years Ako.
(From n Staff Correspondent.)
DES MOINES, Jan. 31. (Special.) The
legislative sessions wero wry short today.
Tho members had not fully recovered from
their trip to Cedar Falls yesterday and, as
the train was delayed, mnny of them got
but little sleep. The number of bills read
for Introduction wds smaller than usual.
Senator Crossley of Madison Introduced
a ..solution to direct that tho senators
from Iowa vote for tho Hoar bill to prevent
the use of Injunctions In strikes to restrain
(he men.
Tho resolution has been prepared by mem
bers of tho -Railway Trainmen's union nnd
a commltteo has been hero some time work
ing ln Us Interest. The railroad men do
mnnd tho passage of tho measure to pre
vent tho "government by Injunction" Idea.
Thero was opposition to tho Immediate
consideration of tho hill and after brief dis
cussion It was reforrcd to tho commlttco on
federal relations by a vote of 23 to 7.
Aulliorlxr I'ulillcntlon of Maps.
Tho first bill passed In tho scnato was ono
to nuthorlze the publication of 25,000 of tho '
railroad maps of the stnto of Iowa. Sen
ator Harrlman called this up nnd under sus
pension of the rules It was passed. The
mnna havo becomo popular and many are
in placo In tho schools of tho state. There
was no opposition to tho measure.
Senator Harper Introduced a resolution to
provido for biennial elections. It Is ln alt
respects 3lmllar tb tho constitutional
amendment which was adopted two year
ago and declared Irregular by tho supreme
court. It Is designed to omit tho election
In 1903 nnd every other year thereafter.
Senator Allyn Introduced a bill to provido
sovoro penalties for kidnaping In Iowa. It
makes kidnaping for tho purposo of ex
torting money or securing a ransom pun
lshablo by n penitentiary sentenco up to
twenty years.
Hill for Another Normal Scbool.
Tho most Important bill Introduced In
tho houso was ono for a second stato normal
school, introduced by Mr. Plphcr of Cass
county. This provides for a new stato nor
mal school, but docs not fix tho location.
In fact, It leaves that to bo determined by
tho leglslnturo after tho bill has been
passed. It makes an appropriation of $100,
000 for tho same.
Mr. Sccor introduced a bill emanating
from tho Iowa Mothers' congress providing
for recognition of societies organized to
plnco children ln homes nnd authorizing
magistrates to take children from parents
under certain circumstances. Mr. Secor
also introduced n puro food bill.
Both houses adjourned until Monday.
Seek Pardon for Afreil Convict.
Senator Tailman of Olarko county today
presented n petition to' tho upper body of
tho legislature. Signed by tho Women's
Christian Temperance union of Clarko
county and fnvoring. the pardon of George
Stanley, a life convict at Fort Madison
penitentiary. Stanley Is tho section fore
man who was convicted of tho crlmo of
killing a fellow workman, William Patter
son, Juno 16, 1870., Stanley lay ln wait
for hts victim in a deep cut about eighty
rods east of tho depot at Ames, la., and
shot him with nn old, rusty revolver.
Tho causo of tho crlmo was originally
trouble over Patterson's wife, which led
to Patterson's discharge. Tho latter at
tributed his bad luck to Stanley and tho
two men got Into nn altercation which
renultcd In Patterson stabbing Stanley. Tho
latter doclared then that ho would kill
Patterson, which ho did on Juno 15, 1870.
Ho was sentenced to hang and this sen
tenco was affirmed by Chief Justice Beck
of tho supremo court. Tho time for his
execution was fixed for nn early day ln
April, 1872. Timbers woro on tho ground,
and workmen had been engaged to erect
tho gallows, when in tho meantime tho
legislature convened and abolished capital
punishment. t
On tho day previous to tho one fixed for
,h ,.. i nr.nnvrnnr Carnenter sent
. , meeaonKer wlth tno information
thRt ho hQ(, comraute(1 tno 8cntonco to life
impnment. stanloy Is 74 years old and
has alway8 bccn n raodoi prisoner. Tho
ml(m ln hls favor. t0(Jay cltes his old
QR0 ftna partial blindness, together with
tho plea that hlB crime was committed In
sclf-dofenoe, ln his behalf. Tho citizen of
story county in which tho crlmo .was com
mlttod, aro opposed to tho pardon ana
their vlows will be represented by tho
voles of Senator Fltzpatrlck and Repre
sentative Barclay $f that county.
Two nontlm nt Soldiers' Home.
Two deaths occurred yesterday at tho
Iowa Soldiers' homo at, Marshalltown, both
of aged veterans of tho war. Henry Q.
Nelson came to tho homo hospital for treat-
mont less than a week ago, from New-
market, Taylor county. He was sunering
with gangrenous affection of the rcet, irom
which ho died. Hp was a nauvo 01 umo,
78 years old. a" member of Company a,
Fortieth Iowa, having enlisted at Newton.
Ho has a son llvlrig1 In Taylor county.
Thomas C. Moore was of Company 1,
First Iowa cavalry, was a native of the
,,Islo of Man, but enlisted at Martlnsburg
and wbb discharged at Davenport. Ho was
80 years' old nnd has a son living In Bur
lington. New Inns Incorporation.
Tho Midland Nursery company of Des
Moines has filed articles of Incorporation
with the socrctary of stato. Tho capital
stock Is $25,000; O, II. Robinson and others,
incorporators.
Tho Seymour Tolophono company has In
creased its capital stock from $10,000 to
$25,000.
To llulld Collariim nt Fnlr Oronnd..
Tho stato agricultural board today de
cided upon asking' tho legislature for an ap
nroDrlatlon of $38,000 with which to build
I on the statu fair grounds a coliseum to bo
used for cattle exhibitions and cattle sales.
The building Is to bo 160 feet long by 250
feot wjde, with provision for abundance of
light. Tho board believes that the coliseum
will bo a valuable addition to the state
fair1 grounds.
Hull Discusses Prospect.
Congressman J. A. T. Hull arrived home
today for a few days to consult with his
political friends as to the tlrao for holding
the primary election In Polk county to de
cldo whether ho shall return to congress
for another term. Tha fight has been pre
cipitated hero at this tlmo by tho calling
i of primaries In two other counties oi me
district that would naturally be against
Hull. He sneaks hopefully of the nnai fuc
cess of tho Des Moines army post and says
. that nothing further can bo done at Wash-
Inirton now. Ho Is also confident no can
secure nn appropriation for a $1,000,000
nostofflco ln Doa Moines. He says that
CoasreasmAa Jtoroor, wUo la ohalroaa otJ
tho committee, is favorablo to it, and thnt '
tho greatest obstacle now Is nn attitude
of hostility of Congressman Conner of the
Torith Iowa district, who Is opposing Hull. 1
Hull will return to Washington In a few
days and thou return to make a canvass
of tho "ounty.
Tho Iowa Mothers' congress closed to-1
day, ftftcr passing resolutions strongly cou- 1
dcmnlng tho government's policy In tho 1
army In tho matter of regulating vice. Theso i
officers were elected;, President, Mrs. I. L. i
Illllls, Des Moines; vlco president, Mrs. J. 1
A. Schmidt, Muscatine: rccordiug sccretnry, '
Mrs. J. W. Cory, Spencer: corresponding
secretary, Mrs. E. S. Burgln, Des Molucs: i
treasurer, Mrs. J. Rlggs, Audubon.
Requisition was Issued by Governor Cum
mins this evening for "Kid" Noble, w)io
Is wanted In Muscatine on tho charge of
murdering n saloon keeper nAincd Thomas I
Morgan. Noble has been arrested at Enid, !
Okl. ,
Theso decisions of tho supremo court
wero rendered today:
I0 .Estate of John Nicholson ngnlnst
I'.ltznbcth Nicholson, nppellant; Allamakee
county, Judgo Fellows; reversed.
nlnmnmt .In T.lt.r. at.... ......... ..1 n. ....I-
; " -' ....... uit-iiiiivin -i ill, ii.(.i.-i- .
lant, against Davenport. Hock Inland .I1
Northwestern rnllwny; Scott county, Judgo i
Bollinger: alllrmcil.
Simon Thome ll 12:1 Inst Cltv nf Ttititinnr.
appellant: Dubuque county, Judge Mat
thews; afllrmcd.
K. K. Corson against lowu Mutual Flro
Insurance company, appellant; Shelby
county. Judge Green: nfllrmed,
James A. Cond, nppellant, against 1', C.
Rogers; Cherokee county, Judgo Oliver;
affirmed.
Tolorton & Stetson company, appellant,
ngnlnst M. J. Roberts et nl; Pocahontas
county, Judge Quorton; reversed.
Itelitillil llrnililyvlllc Store.
HRADDYVILLE. In., Jan. 31. (Special.)
Since this town suffered from flro tho
morning of Oclobor 1, when two blocks of
business houses wero destroyed, thero havo
been built tho snmo number of new modern
brick business buildings. Tho new build
ings are enclosed and in thirty days will
be occupied by new stocks of goods. One
hnrdwaro firm Is erecting tho finest nr.d
largest Indlvldunl block in Pago county",
66x100 feet, ono story nnd full basement,
which Is heated by furnace and lighted by
gas. Fifteen other business buildings nnd
dwelling are assured for early In tho
spring.
SUPREME COURT SYLLABI.
10S10. Dunn against Hilshnell. Error from
Lancaster. Reversed. Oldham, C, division
No. 2. Reported.
1. It Is not error for tho trial court to
refuse Instructions requested when every
prlnclplo involved In tho requested Instruc
tions is fairly nnd fully given by tho court
on Its own motion.
i2,.w.'ler ,ocd 18 Purchased on a warranty
that it Is of a certuln kind and quality
and such seed proves to bo of an Inferior
kind nnd quality, and Is planted without
tho knowledge of Its Inferior quality, tho
value of a crop such nH should have been
produced by the seed If It had conformed
to tho wnrranty, deducting tho expense of
raising tho crop nnd the value of tho one
In fact raised, Is 11 proper measure of
damage for tho breach of such warranty.
3. Where seed Is purchased on a warrnnty
as to Its kind and quality and the pur
chaser of such seed discovers that It Is of
an Inferior quality to thnt warranted, ho
may retain tho seed and rctovcr as dam
ages tho difference between tho purchase
price of tho seed ns warranted and tho
mnrket price of the seed which ho actually
received.
4. Oliver & Co. against Hawloy, 5 Neb..
439. distinguished.
No. 10S44. Wilson ngnlnst Lewis. Error
from Boone. Affirmed. Albert, C. Division
No. 3. Reported.
1. Evidence examined nnd held sufficient
to support nn allegation of general owner
ship. 2. Whero a contract, In writing, whereby
tho transfer of tltlo or ownership of per
sonal property Is made to depend on a con
dition Is not filed, such omission Is avail
able only to such creditors ns havo per
fected a Hen on the property by tho levy
of on attachment or execution, whllo tho
vendee was In possession, unless It nppenr.
that they extended credit to tho vendee on
tho faith of his apparent ownership.
3. Where a conditional contract of snlo
provides that tho title shall remain In tho
vendor until tho purchase price Is paid,
and that In case of default ho may retnko
tho property and sell, nnd from the pro
ceeds deduct tho unpaid balance of the pur
chase price and pay tho surplus to Ihu
vendee: nnd further provides that whllo
tho vendco Is In possession he mny sell tha
goods In the usual course of trade, and re
plenish tho stock from time to time. Held,
thnt whero tho latter nrovlslon hns been
fully executed, by tho voluntnrv surrender
of the stock, ns thus renlcnlshed. to tho
vendor, neither tho vendee nor creditors
ue
whoso executions wero levied subsequent to
tho surrender nf the stock to the vendor
will bo henrd to aasall tho validity of such
provision.
No. 10SG2. Kas against Stnto ex rel School
JMstrlct No. 1, Sarpy County. Krror from
Sarpy. Affirmed. Pound, C. Division No.
rny,
Re
tenorted.
1. Issuance of n now alternative writ hv
mandnmus proceedings for tlm purposo of
amendment, under section C33, Code of.
Civil Procedure, docs not amount to tho
commencement of a new nctlon.
2. Where tho duty sought to bo enforced
iy mandamus proceedings Is Imposed upon
tho respondent himself and does not de
volve upon his successor ln ofllce, so that
the expiration of his term of office docs not
rellovo him of tho duty, the writ may Issuo
after such term hns expired.
3. It la tho plnln meaning of section 28,
chapter lxxx, Compiled ."itntutes of 1901,
that where portions of moro than ono
school district nro Included In the corpor
ate limits of a municipality, license moneys
accruing therein nro to be distributed nmong
said districts In proportion to tho number
of persons of school ngo ln tho whole of
each district, not merely In thoso portions
of each district which aro within the cor
porate limits.
4. Such construction is not repugnant to
section 5. urtlclo vllt of tho state constitu
tion. C. A village trensurcr who distributes
license moneys nmong school districts In
wholo or In part within tho corporate limits
In a different manner from thnt fixed by
law docs so at his peril.
No. 10871. Burton ngalnst Williams.
Error from Washington. Afllrmcd. Sulli
van, J,
1. A Rrnnt of administration hns. ns mat
ter of rleht. no extra territorial force or
operation, nnd tho nfllclal character of an
administrator does not. bv virtlin of tho
authority creating It, follow him beyond tlm
limits or tno state in wmcn no was com
missioned. When nn administrator Is sued only ln
his ofllcinl character a Judgment cannot
bo rendered against him personally. .
3. A Judgment ngnlnst an administrator
Is In legal effect an adjudication subjecting
thn assets within the iurlsdlctlon nf tho
court to tho satisfaction of the claim In
suit.
4. Such n judsment cannot, except per
haps under speclnl circumstances, bo en
forced by action beyond thei territorial
limits of tho stato or sovereignty In which
It was rendered. ,
G. Section 3.17. cnaptcr xxiu, compiien
Statutes of 1901, which authorlzts foreign
executors and administrators tn suo In tho
courts of tills stnto. does, not ny implica
tion make them subject to suit hare.
' 6. A Judgment ngnlnst a defendant as ad
ministrator win not supporr. an ucnon
niralnst him In his personal capacity, oven
though It award execution against his In
dividual property in case tno nssois ot ino
estate cannot bo reached,
No. 10955. South Omaha Loon nnd Build
ing Association ngalnst WIrrlck. Appeal
from uougias. Aiurmeo. jjuiuc, u. wivision
No. 3. Reported.
1. A tiuumng nnci loan nsBociaiiou mny
Kodol
Dyspepsia Cure
Just so euro us water dissolves sugar, Just bo sure will Kodol Dyspep
sia Gur digest your food; it's on tho Bama general principles. It con
tains the same elements a9 Nature's dlgestivo llulds, bo why wont it
actlnexactlythesamenianner? It will. It can't help it. That'swhy
It never falls to cure the worst cases of Indigestion ana dyspepsia where
other remedies havo failed. A little Kodol Dyspepsia Curb after uieals
wlllprevent that terrlblo distress and belching so often experienced.
"For years I sought a remedy in vain until I tried Kodol Dyspepsia
Cure. It has no equal as a stomach and dyspepsia remedy and I havo
tried all I could find. M. C. Edwards, 1422-lOth Ave., Altoona, Pa.'
It can't help but do you good
Prepared by E. O. Do Witt & Co., Chicago. Tbo tl. bottle contains 24 times tho SOc aura.
When you suffer from biliousness or constipation, uso the famous little liver
pllla known at DaWltt'a Uttto EARLY RISERS. Taw never gripe.
BOSTON STORE
SPECIAL PRICE SALE
FOR TODAY, SATURDAY
50c Lined Leather Gloves and Mit
tens, special Ap A
sale hP
prlco .UU
75c and $1.00 Leather Lined Glovca
nr.d Mittens, p a
special salo ' hi IP
prlco UUU
10c Cotton Flannel Mittens, p
special salo price, hP
3ei 2 for UU
Boys' and 'Misses' Wool Capes and
Tarn O'Shanters, 50c OC
and 73c grade, sale TP
prlco 4.VU
Men's 50c and 7oc, Caps, ftp.
special salo KhP
prico UJU
SoC'Value children's shaped Vests and
Pants, all sizes, IOa
special salo II IP
prlco IUU
'C0e grade In ladles' heavy An
fleece lined Vests, HP
special prlco afaUlf
Ladles' angora fleece lined Vostfl
nnd Pants, always sold
for 50c, special salo KMP
prlco UUU
Men's Underwear
COc men's Underwear, A A
speclnl lUP
price UUU
$1.00 men's Underweai1, f ft
speclnl KMP
prlco U UU
$1.50 men's Underwear, f
special- I UN
prlco llUU
$1.25 mens Union Suits, Ap
special KhP
price UUU
$3.00. men's Union Suite, A A
X"!. :.2.UU
Children's Outing Flannol Night
Gowns, f0o grade, all 1 C
sizes, special salo KhP
prlco UUU
69c black ntid whlto washable
Skirts, and ,75c black mercerized
Underskirt, special I A.
prlco Tub
Tho Now Ideal Houso Skirt, In
black nnd whlto figure, Ofl
special sale KMP
price UUU
Whitelaw
BOSTON
COUNCIL BLUFFS.
deduct from n loan mode to ono of its
members tho premium bid for ho right of
precedence in taking such loan. Loans by
ii,.l niKiiixiiiilnii mint, however, be onen to
competitive bidding, nnd by-blddlng by the
otllcers or agents of tho association for
tho purpose of increasing, tho premium to
bo paid for loans will not be tolernted.
J. In nn nctlon to foreclose a mortgage
given to a building and loan association or
ganized under tho laws of this state, tho
fact that the association changed Its
method of making lonns und conducting
lis business after the making of the mort
gago Is 110 defense to tho nctlon, especially
In tlm nhsence of a showing that tha
mortgagor objected thereto.
No. 12371. uroen ugainsi rnncr, .vimuvi
I from Douglas, ilovorscd. Writ allowed.
Wlli J.
1. Tho purpose of tho constitutional pro
vision1 that "no bill shall contain more
than 01111 subject, and tho same shall bo
clcnrly expressed In the title, ' was In
tended to prevent surreptitious legislation
and not to prohibit ctimprehenslyo titles.
Tho test Ik not whether the title chosen by
the leglslnturo Is tho most appropriate, but
whether It fairly Indicates tho scope and
purpose of the act. Stato v. Uemls, 43
2. 'a ' legislative enactment, the title of
which Is, "An net to provido for the hotter
protection ot tho earnings of laborers, ser
vants ,ind other employes of corimratlons,
firms or Individuals engnged In Interstate
business," comprehends legislation prov d
Ing mp the punishment of thoso who vlo
Into the provisions of the act by doing tho
things therein declared unlawful.
10S18. Davis against Greenwood. Appeal
from Dixon. Alllrmed. Duffle, C. Division
No. 3. t'nrenorted.
O held a first mortgngo and D nnd F a
second mortgage on certain town lots. O
foreclosed his mortgage, but failed to make
D and F parties to tho action. Prior to
anv salo under tho decree of foreclosure D
und F procured a convovanco of tho lots
from tho owner In full satisfaction of their
mortgnge'und wont Into possession. They
also entered Into a verbal agreement with
by the terms of which they were to pay
him on a certain spcclllcd dato In tho fu
ture, tho full amount of his decree, to
cether with costs of the nctlon nnd tho at
torney's fee therein Incurred, nnd to mako
a deed to O conveying to him the lots as
security for tho performance of tho agree
ment on their part, G to roconvey to them
when' pnyment was made. Held, that D
and F, not being made parties to tho ac
tion of foreclosure instituted by O had a
legal right to redeem from his mortgage
by paying tho amount of his decree, and
that the agreement nbove set out was
simply nn agreement to glvo D nnd F tho
right to redeem on the terms therein men
tioned without nn action brought for that
purpose and that It could bo enforced, al
though not In writing. The defendant In
hts answer having admitted tho agree
ment a claimed by tho plnlntlff, has
waived the statute, even If tho contract
was obnoxious thereto. Connor v. Hlngt
gen. 19 Nelly 472.
10819. Mcl.no ngalnst McKeo, Appeal from
Johnson. Judgment. Pound, C. Division
No. 2. Unreported.
1, Evldenco examined and held sufficient
to sustain a decree of dlvorco on tho ground
of extreme cruelty.
2. While thero Is no flxod rulo for dotcr
.nintTu? the nmount -of alimony to bo
nwanUMl under section 22, chapter xxv,'
Complied statutes, sucn awaru snouni near
a reasonable relation to' the husband's
ability to pay, as disclosed by the evi
dence. 3, In awarding alimony tho court should
consider the condition, situation nnd stand
ing of the parties, financially nnd other
wise, tho duration of their marriage, tho
amount nnd valuo of the husband's rstnto,
tho Hburco from which It enmo and how
far, If at all, the wife contributed thereto.
Zimmerman v. Zimmerman- 63 Neb., 80.
Digests
what you
Eat
Hosiery
10c valuo boys' Fleeced Hose, sizes
6 to SV4 special
sale I 0
prico 1... I U
Children's 25c wool Hose, special
salo price 17c p f
it". 5uC
Extra weight, dotiblo knee, ribbed
Hose, sizes 6?4 to IA1
I2C
Boys' 2."c ribbed Hoso, sizes 7, 76,
0, MA nnd 10, , p
special salo I hP
price lUII'
Gloves
Misses' and boys' 23c double yarn
Mittens, leather lined Mittens,
mult) skin lined Mittens, and all
wool Golf Gloves, 4 p
special sale I hP
prlco IUU
$1.00 ladles' fleeced Wrappers, all
good dark colors, "TC 4
special salo I hP
price I Ull
$1.25 and $1.50 Indies' fleeced Wrap
pers, well mado and fancy All
trimmed, special salo MXP
price UUU
Ladles' beaver and fine nil wool
ShaSvls, assorted sizes, J
special salo . I
prlco 4 (J I
Whlto and gray all wool Blankets,
$1.00 and $5.00 values, f HO
special salo Ull
price ttlUU
Men's 75c and $1.00 Silk I A
Mufflers, special LllP
silo prlco TUU
"Our ontlro lino of sateen nnd coutll
50c Corsets, Oft
special salo KMP
prico UUU
All wool Flannel Shirt Waists,
tucked and trimmed, . A
$2..0 valuo, npcclal I LX
salo price 1 1 TU
Ladles' 2."c Bolt Supporters, full lino,
of colors, speclnl IE A
prlco IUU
& Gardiner
STORE,
IOWA.
D0HINY THEATER
Sunday,
February 2.
THE HIG SCENIC PDAY,
"A Romance of Goon Hollow"
A 'Romantic Comedy
With All the Original Effects.
S B E
Tho Steamboat Race .
.Tho Farm Scene at Night
Tho Hurglary
AIiL SPECIAL SCENHIX. .
Price IIBi" nml SWc. . ; . -
r
Nectar
of the God
!
The tongue has a .
(jeod memory and '
taste clings to it,'
MKINMU
The pure, ,old,
mellow flavor of
LW Hunter
A
Whiskey
once tasted, is
not lost,
The tongue likes
Hit. UMI MUU dO m
It'ln Hunter.
Bold nt oil Hitt-claii raft) and bf Jebbara.
VM. I.ANA1UN A ION, Baltlmora.Md.
IF YOUR HAIR
U Oray. Streaked or niMuihM.u can be
restored to any baautlful color by
The Imperial Hair Regenerator
Colon are dnreblai easily innUM, Its uaa
cannot be detected. Hamplenf hair colored
free. OorreeDondenrft cnnfldantiaJ.
Imperial Chemical Co",; 133 W, 23d Ht., N. Y.
WOMEN
FKMALE beans
icrcat fnonlhlv rriru.
lalor atrungeinbest,
afi't;conuln Ergot.
Tai.iV. I'l'iinyruyalt nuiailngln fnliurot Inline", mute
eliminate ratea relieved 111 a few dayai 'IXO at
Kherman & McCouncll. druggtiti, ICtti and Dojgo'it-
The
, y.
' "
a.
0
proof
I of the
I Puddingy
is in the
Have you
tried, a
Bee Want AJ?li
They
bring results a
I Ui) 4i2 (D$) (t)
Jsatmg;
