Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 28, 1902)
THE OMAIIA DAILY 11EE: FK1DAV, MAKlll its, nuns. STEAL MOTHER'S BURIED GOLD . Ekrabel Brothers of Gage County Digootered by Hired Man, : EONS DIG UP THE WIDOWS SAVINGS Confess After Detective Dlagalsed as Tramp rinds Out Tbelr Secret Both l.orhfd tp In Deatrlce. BEATRICE, Neb., March 27. (Special telegram.) About two montha ago Mrs. (Josephine Skrabel, widow living five miles northwest of Odell, this county, had small fortune stolen from her, which was purled under a hencoop on her farm. The axact amount was $2,820. When It was found that the money was missing sus picion pointed to Mrs. Skrabels two tons, Frank and William, the latter married and living on a farm near his mother. ; Recently a detective named Moser went to work for William Skrabel for $5 a tnonth and board. Ha was dressed as a tramp and sine going to work haa kept watch of the Skrabel brothers. Last even ing he succeeded la unearthing 1530 In gold nder an old building on William's term. Both the Skrabels ware arrested and brought her today. They confessed to ateallng $3,700 and aay they left $120 in the stone jar which contained the hidden treasure. They told whera the balance of the money could be found, and Sheriff Wadr tilngton left this evening for Odell to re rover the remainder of the amount atolen. airs. Skrabel wants the sons prosecuted for the theft Their preliminary hearing will be tomorrow. Both are In Jail. ADMIT GRAND ISLAND CRIMES slehn Patterson aad Charles Walling Confess to Extortion an4 to Holding tp Cltlaena. GRAND ISLAND. Neb., March 27. (Spa tial.) John Patterson and Charles Walling, Arrested for impersonating detectives and extorting money from Henry Sander and endeavoring to do so from William Llnde (nan, owners of resorts managed on the club plan, were yesterday afternoon put up to a aweatbox process by County Attor ney Hortb, with the result that they are vell on their way to the penitentiary. The prosecutor not only secured the confession of the men that they were guilty of this f rime, but alao that they were the two masked men who held up Dick Nietfeldt one evening about two weeks ago near the Union Pacific shops and relieved him of 23 In cash and a certificate of deposit for 300 on the First National bank of this city. When well into the case holding up Sander for $10, the prosecutor turned to Walling and asked: "And wasn't he (designating Patterson) helping you In the hold up of Dick Nietfeldt?" Walling ad mitted that he did and Patterson also con fessed. The men were arraigned In the county court an hour thereafter on the charge of highway robbery and pleaded fcullty. CHARGED WITH BURNING HOUSE K. M. Ball on Trial on Aceasatlon of Setting- Plre to Claflln Dwelling;. RU8HVILLE, Neb.. March 27. (Special.) -District court convened here Monday with 317 civil and four criminal cases, Judge Harrington presiding. The Jury was called (Tuesday and the first case, the State against R. If. Ball, la now on trial. R. M. Ball Is charged with setting fire to the house of Charles W. Claflln, a farm laborer aad cow boy, while he was away to bring home hla wife. The house and contents were burned to the ground February t, the place where this occurred being In a sparsely settled district In the northwest corner of the county known as Sheridan Gulch. Robert M. Ball, the accused. Is an elderly man and a surveyor, and It la alleged that he bad some trouble with Claflln, wbq la a floung man, and wanted to rid the neighbor hood of him. DEEP SN0WJIN RUSHVILLE Weight of White Blanket Carries Down a. Bars aad Bnrles Live Stock. RUSHVILLE. Neb., March 27. (Special.) After three days of almost continuous rain this country woke up yesterday in the grip of a heavy snowstorm, the worst of Its kind this year. The telegraph and tele thons wires are down in every direction and the snow, of the heavy, wet variety, clung tenaciously to everything. One hun dred and seventeen telegraph poles are re ported down between here and Hay Springs. A stable in Rushvllle collapsed under the weight of snow, burying two cows, a team f horses and two calves. They were all ultimately rescued, being dug out with hovels and the boards being torn up to re lease them. A heavy thaw has since set In, with a strong wind from the north. Stanton Rewards Faithful Principal. BTANTON, Neb., March 27. (Special.) At the annual meeting of the Board of Ed ucation of this plsce lsst night for the elec tion of teachers the present teachers were retained with but two exceptions, and these two were not applicanta. Those retained are: Prof. H. E. Mason, superintendent ; .Miss L. Belle Rice, assistant; Miss Carrie Ley, F. J. Teyenherm, Miss Eunice Cham berlln. Mrs. Sarah Crane. Vacancies exist In tho grammar and third rooms, caused by ths resignations of Miss Campbell and Hiss Beebe. two valued teachers. These will bt filled later. Ths election of Pr.f. Mason as superintendent is for the fourth year. The Stanton schools under his man agsment are In excellent condition and doing good work. Aahland Farmers Ret Telephones. ASHLAND. Neb.. March 17. (Special.) Farmers In the vicinity of Ashland are toon to be supplied with telephone service. P. E. McCleaa of Louisville has been hers this week In the interest cf the Independent Telephone company of Plattamouth. A line ill be run ten miles south and within four CL Crescent made Bora' Clothes f Ilavden Bros. is; lee of Murdnrk. A line will also be ex- snded on the county lln road writ cf town, nuking connection! with the line from Wahoo. er JOO telephone will bs put in to connect with Ashland. Work will b b"UB u soon aa the material arrives. LINCOLN HEARS FROM TOPEKA Rf port from Thomaa II. Bain la that the Kansas Capital la Ex tremely Dry. (From a "staff Correspondent.) LINCOLN, March 27. (Special Tele gram.) Thomaa II. Bain of Topeka spoke In St. Paul'a church tonight on the suc cess of prohibition In that city. He said that so far as known by the police and the public there are no saloons or Joints In Topeka and he thought the same condi tion would prevail In Lincoln under pro hibition rule. The city council will hold another spe cial meeting tomorrow to consider the liquor occupation tax ordinance, but there is slight prospect that the measure will pass. An order will soon be issued by the ad jutant general for the Inspection of the battery of artillery at Wymore. It was said at the military headquarters this aft ernoon that the Inspecting officer would ex amine not only the general condition of the organization, but would also investi gate charges that have been preferred against several of Its members. This ac tion grows out of the dispute that occurred reveral months age aver the election of a captain. Date of Jbe Inspection will be an nounced later. North Lonp Glad for Rain. NORTH LOUP, Neb., March 27. (Spe cial.) After nearly a week of cloudy threatening weather with several light, misty showers It commenced raining in earnest Tuesday afternoon and for four hours it rained steadily, followed In the evening by several good thunder showers. Nearly two inches of water fell. Winter wheat and rye came through the winter in fine shape. Farmers In this part of the country will sow little spring wheat on account of the damage done last season by chinch bugs, fearing a repetition of the same this year. Settles Bill of Exceptions. PLATTSMOUTH. Neb., March 27. (Spe cial.) Hon. John C. Watson of Nebraska City was in district court today and set tled the bill of exceptions before Judge Paul Jessen In the esse of Jonea against the Duff Orain company. This case was tried In district court here last November and the plaintiff received a Judgment of $1,200. Judge Jeasen required the plaintiff to remit $500, leaving a verdict for $760. and from this decision the defendant ap pealed to the supreme court. Two Inches of Ha In at Sbelton. SHELTON, Neb., March 27. (Special.) This part of Nebraska was visited by the heaviest fall of rain since early last fall. More than two Inches of water came down, the ditches are full, great ponds are in the low places and the ground is thoroughly soaked. No spring for a number of years has opened up so early and promises well for small grain. Pastures are already com ing with grass. Some fields of oats are now sown and farmers are ready to push spring work rapidly. Fan era 1 of Mrs. French. TRENTON, Neb., March 27. (Special Telegram.) The funeral of Mrs. Florence Freach. wife of Prof. French of Orleans, was held here today. Rev. Bascom of Co sad, Neb., officiated. The body waa brought here from Orleans. Sha waa the second daughter of Mr. and Mrs. N. T. Jones, who resided at this place. She married Prof. French about a year ago, he being princi pal of ' the Trenton school. They then moved to Orleans. St. Panl leak and RejolrJa. 8T. PAUL. Neb.. March 27. (Spe cial.) The dark, cloudy weather prevailing for the last five days terminated In an old fashioned thunder storm, accompanied by a fine rain. The rainfall amounted to 1.40 Inchea and la a blessing for fall grain and puts the ground In fine condition for spring work. Firemen Want Walker for Chief. BEATRICE. Neb., March 27. (Special Telegram.) At a special meeting of the Are department tonight a resolution was adopted, asking the mayor to appoint John F. Walker chief of the department. The mayor refused to make this appointment at the council meeting Monday night. Kearney Hlh School Contest. KEARNEY, Neb., March 27. (Special Telegram.) At the annual High , acbool declamatory contest for the selection of a candidate to represent the school at the district contest at York laat night, first honors were won by Miss Lela Haskell and aecond by Miss Nichols. Roselaad Haa Wet Leaves. ROSELAND, Neb., Maroh 17. (Special.) This vicinity was visited by an old-fashioned soaker yesterday afternoon and even ing. The rain gauge shows that 7 Inches of moisture fell. Fall wheat looks fine, especially the late sowing. Heavy Snow In Blnck Hllla. DEADWOOD, March 27. (Special.) Six teen Inches of snow fell In the northern Black Hills In sixteen hours and traffic la nearly all at a atandatlll again. It Is the heavleet anow of the year and falling with no wind. It remained where It fell lnatead of being 'blown Into drifts, as it does ordinarily. There were numerous cases In Dead wood where thirteen to four teen Inches of snow were measured on four-inch scantling. The people of Dead wood are fearful that a rain may follow the anow and produce a flood. Roy McClennaa for Yankton. YANKTON. 8. D., March 17. (Special Telegram.) Roy McClennan of Madison j8 D.. won first place in the Yankton college oratorlal contest last night and will rep resent the college in the state contest. His subject waa "Ruling Motives In History, He secured first from all the Judges on thought and composition. There were Ave In the contest. JL are to be had in Omaha only NEW ISSUE TO BE RAISED Governor Savage Outlines His Policy at to Nebraska Corporations. CHANGE IN EXISTING LAW P.-0P0SED Message Will Advise Altering; Btatate to Permit of Conntlee Making Assessments for Loral Taxation. In the Chicago Chronicle of yesterday ap pears the following article from a Nebraska correspondent: Governor Bavsr candidate fnr the re publican nomination for next term, Is pre paring to alve the reuuhllran nlflrrhnldpra and politicians a chance to stand on his own platform, with the alternative of gt- uita ciear on tne ear in ir they ao not like uiu materia out ol which the nrtncliiHi plank la made. The governor will put In operation a plan he haa had under contem plation tor several months by which he Will force the renubltcan tut treasurer and the state auditor to agree to reverse the republican practices of thirty years and levy a tax on the railroad property of the state in proportion to that put on other property. The fact that such a thing Is to be done by the governor has become known among the politicians of his party and has alHo come to the ears of the railroad people, and the condition of uneasiness that exists in these circles In all the more intense be cause tt la not advisable to have it talked about generally. The fact that the governor will take this step and that he has decided to do so after several months of deliberation as to the manner In wnlch he would do It has been jrion to a smau circle or his closest friends and to the chief manager of the railroads for a week or two, but It Is not known that the nrerlae mot hnH f rm,- dure down to the minutest detail has been arranged by Savage. Such, however, Is said to be the fact and his method of ex- imuuiiiB me mine under the republican state officeholders will be this: Proposes to Ralee Valnes. When h. . Knn4 . - w . - - " n iifm uiccm un may id to fix the vacations of the railroad prop erty in the state for taxation for state, cu,nty and municipal purposes . Savage will, as a member of that board, submit a proposition that the valuation per mile of the property of all the railroads in the RiHia ha Mlaafl T u i i . . of the governor, the Mat treasurer and thA .Int. Bll.lltn. 1 , . . . anu in created Dy an act of the legislature. The srovernor will nnint m, tv.- equitable assessment of railroad nronertv in tne state has been the avowed policy of all political parties for many years and that the vast majority of the voters of the state have honeetly favored such action and looked in vain to the men elected to office to accomplish the reformation. The nn illal .... I . , ... , ..... , iiuuurnu nave uealt in gen eral 1 1 n r ii u a,-.. i . . .ii- nr-ii cii-i icu id omce on these platforms have not found the way o ,t""--"-o me cnanges promised. Savage will point out where in the old aaya, ten or twelve years ago, a railroad line was assessed at U.Ouo a mile It is now T. !T , a miie, ana mat at the time when the higher assessment waa made it was but a short stub line, newly across the prairies in those days usually . 'j ; wuxi since mai time it nas oeen extenrinil until It I. . 1 .. , . . part of a great system, but stretches hun- rlfriM nl mllA. I . .. .i i ... - .V ,lllu mountains ox tne west. There have been put in depots, side tracks, warehouses, heavy steel rails in place of the fragile Iron strips that first were used, the country has developed along the line and factories and villages, towns and cities have sprung up, in all of which - 'i vmujicu properly wilicn has added largely to the general value of 1 1 nrlilno I hnMlnM a - i m i " o". ..utunigo. envnge, in niB prop vr -intrj LTUBIU IU I UlBfJ I II (J HI BMsment, will call attention to the fact that when this particular piece or railroad property was as-tessed at $5,000 a mile there WflB Ctrl tKn hnonl at U.at - , - ascava ai ICODl Ulie K9 IB.1 OITlCer "junta waai Kv AtrAani i direct representative of the railroads and they would be reasonably supposed to got a low assessment under his supervision. The governor will submit that it Is not in Iprnrrlnnn vlt K wv1u4&K I l a- ji-.-it.... the burdens of taxation to reduce this par- V 7 t. opnriiniiiriii nu omers 01 railroads which are in practically the same condition r T h 1 I n v Iua- . 1 til .. . . v. irocn mauo luwer wniie ail otnsr property was Increasing In value. The gov raw't proposition to the board wllf be viiBi. an nunwa asBeamnenta in tne state Kai ( .1 4 V. , m I a. . . " v dduuo unuKiutuun u i tne amount at which the valuation for taxa tion l? Mnh Vv-v M Wants tne Law Changed. This will not be all that the governor will put up to the board, whose members are the responsible servanta and representa tive of the republican party In Nebraska. He will announce In the same manner that he regards as unjust, unfair and as work ing a great hardship to the several coun ties and municipalities of the state the i-;. urn uwug ui mree state offlcera to sit at Lincoln and fix the valua- i V. "r wcai purposes OI the railroad property In the counties. He will rl n I u r a ,lm A A,.-.. I . I . . . " ' . "i um. wmi iu rwommena to the next legislature in his biennial message 1 . L,, yjrzi nwpi ac taaen to cnange this law ao that the state board will be permitted to assess only for state taxation and that the county boards of the several counties be permitted to assess the rail road property in ttielr counties for taxation for local purposes. This will put the whole railroad assessment question right up to the republican party through Its state offi cers and members of the legislature. The unheard-of notion of Bavage, a re- : j "" -", lui-n a step nas created consternation among the few poli- .....,.o inn irony wnu are aware or nis determination. The method he purposes to l " - mu w"-iiuii a square Issue which must be met first by the two u.ur. rfuuut.il iiiemoera or tne state board. These two members will. It Is pre dicted, vote against Savage's proposition. The matter will be then of record, however, and the full statement of Savage s position spread on the minutes of the proceedings of the board. It will be public property and from the Intense feeling which haa two or three times in the last fifteen years been aroused among the farmer voters over thla very question the politicians know that a stormy time is ahead. The party or the candidate that refuses to go on record will have to give an account to the voters themselves. There are among the republican politicians a large number who have made successful careers on their protestations of independence of railroad control, and at the conventlona worked in some glittering generalities that served to give them credit with the anti-monopoly farmers but which did not bind the officials elected by their party to any definite alan of remedying the things the farmers com plained of. This failure to act could be laid on some scapegoat and the game went beautifully on for many years. May Secure Positive Action. The prospect of the manner in which Governor Savage intends to cut off all re treat Into these bypaths that lead round positive action leaves these men In a de plorable condition. It Is doubtful If they can be made to vote against the proposition when it comes up in the state convention To vote for it would be to indorse Savage's reform measure, and it would be hard to VJ measure and reject the man him self. To vote against the proposition would be to cut loose from all pretenue of being anti-monopolists. It Is a hard problem Savage prepares. The adoption of Savages platform will ga n the aupport of the old-time farmers alliance men and antt-monopolista. but what will the railroads .io? That is the question the republican politicians are ak ing themselves. Succtas without the sup- fiurt of their antl-monopolv contingent is mpnsslble. Governor Savage has been a candidate for nomination as governor since he succeeded to the office upon the election of Governor Iletrlch to the Cnlted Stat-s senate. His friends declare that he would not accept the nomination If the repub lican convention offered It to him without opposition unless the positive pledge of the parly platform to the reformation in the method of assessing railroad property were agrted to. He Insists on having his own platform to stand uiwn. Savage has had a bitter fight on his handa since he paroled former Slate Treas urer Hartley and afterward pardoned him without condition. The action of the last republican state convention In censuring the act of paroling the prisoner resulted In Savage Bending him Lack to the peni tentiary. After that the full pardon was Issued and Savages enemies have con tinued their fight against him. in which nearly all of the republican papers of the slate Joined. There are a dozen other can didates for governor, either openly in the field or in prospect, who would like to get the republican nomination. Aatl-Savage Men Active. The enemies of Savage scored at the re cent meeting of the state tentral commit tee when they fixed the date of the nomi nating convention for June la. Never be fore co the politicians recollect ao early a meeting. Nebraska la larselv a farming community and this date falls in the middle or one or tne busiest um. s on the farms The obvious result will be that it will ix Inconvenient for farmers to attend and many will not. Savage wanted a late con vention and hla opponents wanted more time so as to prevent this sort of tactics ana to alacourasre Kavas from sntcrlng the race when hlc plans would not prob ably succeed. A full set of state officers and members of the legislature Is to be elected this year, with about half of the county officers. The politicians rrxard It as of the very aravest imjuirtanie tu succeed now, ss the ma chinery will be In the hands of the victors and give them a great advantage in two years, a hen another legislature w hich must select a United States senator, must be chosen. The bold stroke which Governor Savage has determined upon of calling for a show of hands on the railroad question la one of the most audacious moves that the state has seen for many a day. He practically puta his opponents In such position that they must accept his platform or face al most certain defeat at the polls. In the latter case Savaae, defeated and rejected by the convention, would be n the atti tude of being Indorsed by the voters. If hla platform Is kecepted and he Is not the candidate he will have the satisfaction and the glory of being thp one man who put the republican pfcrly squarely and irre trievably on record on the anti-monopoly side of this question. In ;he meantime the prospect of his coming action Is raising a breeze that as the discussion goes It Is predicted will develop Into a perfect hurri cane within the republican party of Ne- SOUTH DAKOTA POPULISTS Committee to Confer with Reform Forces Before Calling State Convention. HURON. S. D., March 27. (Special Tele gram.) The executive committee of ths South Dakota people's party at Its meeting today decided to leave the matter of nam ing the time and'place for holding the con vention for nominating a state ticket to a committee consisting of John Hooker of Brookings, C. D. Saunders of Flandreau, E. F. Gross of Gettysburg, R. E. Dowdell of Artesian and C. J. Maynard of Kimball. This committee will confer with the reform forces of the state before calling the con vention and It la probable that It will be held simultaneously with the democratic state convention in Huron la June. COAL GAS ALMOST KILLS TWO Cashier Kehr of Pierre National Bank and Wife Narrowly Escape Asphyxiation. PIERRE, S. D., March 27. (Special Tel egram.) The cashier of the Pierre National bank, Max J. Kehr, and hla wife nearly lost their lives last night from asphyxiation by coal gas. Mrs. Kehr managed to reach a door this morning and attract attention be fore falling In a faint, and assistance was secured. They are 111 from the effects, but will recover. Sontb Dakota Incorporations. PIERRE, S. V., March 27. (Special.) These article of incorporation have been filed: Boulder Gold Mining and Development company, at Brookings, with a capital of 11,000,000. . Incorporators: Egbert V. War ner, IxjuIb N. Fuller and George P. Hall. Globe Clothing company, at White Rock, with a capital of $7,000. Incorporators: Henry Guatafson, Marie Gustafson, Nels Benson and Katharlna Benson. Ptokno Norodlny Hrbltov (a cemetery as sociation), at Tabor. Trustees: J. A. Ptak, Matthias Ptak and Joseph PeaJce. Reeves-Hunter company, with a capital of 11,500,000. Incorporators: Percy O. Reeves, Jamea H. Hunter and I I Stephens. , Nicaragua Plantation company, at Tank ton, with a capital of $3,500,000. Incorpora tors: U. E. Aldrich, J. I. Webster and T. P. Estes. Southern Mill and Land company, at Sioux Falls, with a capital of $1.0u0.ono In corporators: F. B. Pierce, A. B. Pierce and Oscar Nelson. Montana Verdi Copper company, at Sioux Falls, with a capital of $2,500,000. Incor porators: F. W. Warnock, Joseph John son and Oscar Nelson. Penobscott Mining company, at Dead wood, with a capital of $500,000. Incor- orators: Burt Rodgers, Richard M. Ma oney and Johnson G. Thomas. , Premium Soap company, at Sioux Falls, with a capital of $150,000. Incorporators: Alfred A. Somervllle. E. "a lor Cushman and K I Stephens, t Little Ruby Mining and Milting company, at Waubay, with a capital of $.i00,000. In corporators: Robert Johnston, M. L& Brown, and Manson Rexford. Farm Yields Mineral Yalnea. STUROI3. 8. D., March 17. (Bpeclal.) B. C. Burrls, who owns a big pleoe of ground about two miles south of thla city, recently discovered a ledge of rock on his place carrying mineral values. He se cured a few samples of the rock and sent them away to be analysed and returns show that the rock contained 238 kilograms wol fram, an equivalent of $2 per pound, which, after reduced to tungstlo acid. Is used by steel workers to toughen steel. If there Is a large amount of the rock, and It la thought to be there In abundant quan tity, Mr. Burrls will have a good thing, as it Is of high value. Mack Bnln In Sooth Dakota. STURGI8, S. D., March 27. (Special.) A heavy ran started In here. The roads all over are la a bad condition and gutters are full of water. This rain will probably start all the creeks In Meade county, as It seems to be general. FAIR IN WESLSH0WERS EAST That Portion of Nebraska Aronnd Omaha to Be Colder Today and FalrToraorrow. WASHINGTON, March 27. Forecast: For Nebraska and Kansas Fair In west, showers and colder in east portions Fri day; Saturday fair; north winds. For Iowa Cloudy Friday, with probably showers and colder in west portion; Satur day fair and colder in east portion; south winds, shifting to west. For South and North Dakota Fair Friday and Saturday; west to north winds. For Wyoming and Colorado Generally fair Friday and Saturday; variable winds. For Missouri Showers Friday and colder In west portion; Saturday fair and colder In east portion; south winds, shifting to north west. Local Record. OFFICE OF THE WKATHETt THEREAT'. OMAHA, Msrch 27. Official record of tern perature and precipitation compared with the co-responding day of the last three years: 190J. lsmi. 1900 igt Maximum temperature.... M 35 42 $8 Minimum temperature.... 40 2 34 Mean temperature 53 32 ?o Precipitation 00 00 .61 x Record of temperature ar.d precipitation at Omaha for this day and since March I. 1M2: Normal temperature 42 Excess for the day u Total excess since March 1 193 Normal precipitation OSliuh Total precipitation sir.ee ararctj I... .SS inch Deficiency since March I.' 51 inch Excess for the cor. period. 1901 42 inch Departure for cor. period, 1j0 uu inch Heports from stations at T p. n. H E r c it CONDITION OF THS F P WEATHER. : c : g ;; r ; - ; ; : a . 1 Omaha, cloudy B7 66 .00 Valentine, clear 4j o2 !lJ North Platte, clear fr 56 .o Cheyenne, partly cloudy 36! 4U .00 Salt Ijike. cloudy 411) t.; x Rapid City, clear 4ii 4s T Huron, cloudy 46; &s T Williston, clear 34 31 . Chicago, clear 62 6Si ft) St. luls, cloudy 611 66, .Ml St. Paul, cloudy 66: 62 ,0 Iiavenport, partly cloudy 621 66 .00 Kansaa City, cloudy 66 70 10 Havre, cl iudy 341 i . Helena, snowing 26, ; ul Bismarck, clear n 44 .14 Galveston, cloudy 66 72; .On T indicates trace of precipitation. I.. A. WELSH. Local Forecast Official. SAFEGUARDS TI1E PRIMARIES Judge Froct Sustains the Law Protecting Party Claims. THOMAS P. KENNARD WANTS $12,000 Sapreme Coart to Decide Whether Nebraska Owes Him That Snm for Settlement of Claim Against Inlted States. (From a Staff Correspondent.) LINCOLN. March 27. (Special.) Judge Frost In the district court this afternoon gave a decision sustaining that portion of the primary election law which authorliea election boards to ask and record the party affiliations of voters at registration. The action was brought by Charles Q. Do France, who, besides being chairman of the populist state central committee, Is candidate for councilman In the Sixth ward of this city. He applied tor an order re straining the board In his district from asking of voters the question, "What polit ical party do you wish to affiliate with?" as provided for In the law, whose consti tutionality he attacked. In his petition Mr. De France asserted that thla law was used aa a club by corporations to coerce employes and members of the minority party. Judge Frost said that he devoted all the time he could in the brief period at his disposal te looking up the law and waa convlnoed that the primary reglstratloa act waa valid and constitutional. The courta of the state had passed upon the point at Issue and It seemed to him well aottled that the validity of a law did not rest on Its dependency upon a previous en actment. In at least three cases the su preme court had said that an act complete In Itself was valid even though It may modify er destroy the effect of previous legislation. Ia this case It seemed to be admitted that the last act was In effect an amendment to the previous one. It waa a law passed to protect primary elections and, while it does Impose additional duties upon the registrars, It Is supplemental to the other, but not dependent upon It. In other words, the court had aald that ao act such as this did not come within the prohibition of the constitution. To hold otherwise would be far-reaching and de structive, not to say an absurd construc tion of the constitution. Keannrd Snca for 913,000. The state's attorneys have prepared an exhaustive brief for presentation to the United States supreme court In an action brought by Thomas P. Kennard to recover approximately 112.000.. which he saya the state owes him aa compensatloa for serv ices performed In effecting a settlement of a claim against the general government. The case haa been pending In the courts for the last ten years. In the district court of this county Kennard secured a Judgment for the full amount of his claim. The state appealed and the supreme court reversed the holding of the lower tribunal. A rehearing failed to change the result and the case waa then appealed by Ken nard. In making the aettlement Mr. Kennard acted under authorltr rOnVATPfl rtv an rrr tract with the governor. The legislature of iBf3 passed a resolution authorising the governor to appoint an agent to prosscute to a final decision in congresa the claim of the state for mojey due from the general government upon land disposed of by Indian reservations for various purposes. Gov ernor Furnas made a contract with Ken nard, by which It waa atlpulated that the latter waa to receive SO per cent of the amount collected. The lands In question were not opened for public purchase until 1878, and It la argued by the attorneys for the state that at that time they were known as the Pawnee In dian reservation and were occupied by In dians. It la further asserted that from the resolution of the legislature of 1873 It Is apparent that the atate Intended to claim a share of the landa under a section of the enabling act, even though they were being occupied by Indians. Attorneys Ga Into Detail, Going a little mora Into detail the at torneys say: "Kennard'a employment was for the purpose of prosecuting that claim before the federal department and courta. The federal government was of the opinion that the state had no right, or title, or interest In any of the lands In the Indian reservation up o the time the reservation waa opened for public occupancy and the rlghta of the Indians were terminated. In 1878 the federal government opened the reservation to the public for settlement, the Indiana having abandoned the lands. The moneys received by the state from the gov ernment and which are the subject of this controversy, are the percentum arising from the sale of those lands to the public since 1878. There never waa any conten tion between the state and the government about this money belonging to the state. "There was never any need of an agent to prosecute this claim, and It la obvious from the express terms of the contract Itself that Kennard waa not employed for the purpose of collecting these funds from the federal government, about which there was no dis pute. His employment was to recover for the stats and its use moneys and landa due from other sources, and for these lands while still an Indian reservation. Such is the express provision of the contract, for It ie atlpulated therein 'that the foregoing shall in nowise apply to the 5 percentum cash school fund accruing to the state,' and auch must have been the understand ing of Kennard himself, for by his own tes timony it appears that he first filed a claim In behalf of the atate for 6 per cent of the value of these lands at a price fixed by himself. "In other words, bs was undertaking to recover 6 per cent of their value while they were still being occupied by tbs In diana and before they were sold by ths government, but the moment the lands ceased to bs an Indian reservation by act of congress and were abandoned by the In dians and were opened to public purchase and were sold by the government, then they were beyond and without the scope of his employment and were within the ex ception contained In hla contract which e pressly forbade him receiving any commis sion for the collection of the I per centum cash school fund." laslsts on Better Qanrnntlna. Inspector Wertenbaker of ths United States army and navy hospital corpa sub mitted a final report In the executive de partment this afternoon and tomorrow will leave for New Orleans. He saya smallpox will decrease steadily until next August, but hs predicts an outbreak of enlarged proportions unless mors attention is paid to quarantine and disinfection. His report was not made public, owing to the absence of Governor Savage, but the Inspector de clared that it contained nothing of Im portance further than what has already ap peared In the newspapers. Adjutant General Colby has issued an order accepting the resignation of Second Lieutenant Harley C. Broome of the troop of cavalry of Seward and calling for a spe cial election at the next regular meeting of the company to fill the vacancy thus caused. Tbs troop will also be Inspected at the same time. Articles of incorporation of the Miller Paine company of thla city were recorded In the secretary of stats's office today. JLL (vaasa nsas one-sixth pure glycerin, is used by discriminating people. Its delicate odor of natural flowers, the soothing effect of the glycerin, its uniform tex ture and transparency make it the choice of those who know for toilet and bath. A delightful shampoo. JAMES S. KIRK COMPANY IAIN WATER MAKER SOFTENS THE HARDEST WATER" SEND TEN CENTS FOR SAMPLE ill H t larai S't.A'O'2 nsyanaMBriZSastaV ff Cheap Rates to Minnesota and North Dakota. On March 4th, 11th, 18th and 2Sth. April 1st and 8th, especially low one way rates will be made to nearly all points In Minnesota and North Da- aoia. THE GREAT NORTHWEST.' Every day during March and April, spe cial rates will do in effect to points) In Montana, Idaho, Washington, Oregon, etc. TUB ILLINOIS CENTRAL RAILROAD, being the shortest ltne and operating morning and evening trains to Bt. Paul, where direct connections are made with all Western lines, offers unexcelled facili ties for reaching these points. Full particulars cheerfully given at City Ticket Office. No. 1402 Farnam St., or write, W. H. BRILL, 9. P. A. Illinois Central R. IL Omaha, Neb. PARTS 1 to 11 The Living Animals of the World NOW READY At The Bee Office Price 10 cents By mail IS cents Do Vou Own Ualuable Papers? We have a suite of rooms with a fire and burglar proof vault. It consists of a waiting room and two smaller rooms. Electric light. Ilardwood floors. THE BEE BUILDING It will be a pleasure to work in offlcea like these. The rent is 40. We have another single good sized office with a vault, only $17.50. R, C PETERS & CO., S5.00 a imm Specialist In -U DISEASES od DISORDERS of MEN. 13 years la Omaha, SYPHILIS cured by the yUICX. EST. safest and moat natural methnri that has yet been dlsoorered. Soon every sign and symptom disappear completely and forever. No "BREAKING OUT" of the disease on the akin or face, A eure that la guaranteed to be permanent for life. VADIPflftPIE cured. Method new. WAnluUuLLC without cutting, pain! no detention from work; permanent cure guaranteed. WEAK MBit from Excesses or Victims to Nervous Debility or Exhaustion, Wast, lug Weakness with Early Deoay in Young and Middle Aged. lack of vlro, vigor and strength, with organs Impaired and weak. TRItm'RK cured with a new Home Treatment. No pain, no detention from business. Kidney and Bladdsr Troubles Cesaaaltattoa Free. Treataaent by Mali. CHARGES LOW. llf S. 14th It. Dr. Searles & Searlss. Omaha, gib. Howell'. Now Is tbs time when a sure cough cure Is needed. Howell's A n t I- Anti-Kawf Kswf is that kind of a cough cure. Try It. Twenty-five cents a bottle at drug store. THE BEE FOR All THE NEWS iak tyi;l ..Ttra-iiiuu A RENTAL AGENTS. GROUND FLOOR, BEE BLDG DR. McGREW (Age 53) SPECIALIST. Diseases aaa Utsuruees ( Ilea Oaly. U9 years ICsBerleaoe. IS Years In Ornaan. V A Q I PR PCI C ursd by a treatment YAnlbUUtlX which Is the QL'K KtHT, safsst and most natural that has yet been discovered. No pain whatever, no cutting aud does not interfere wltn work or busi ness. Treatment at office or at hotoe auii a permanent cure guaranteed. I Hot Springs Treatmant for Syphilis And all mood Ulaeuses. No "BRJLAKINCi OUT" on the akin or face and all external . S.i- ol tne autea.se aisa,pier at once. A treatment tha is more successful and far more baiisiartory Uian ths 'old form" of treatment and at less than UALV THai , CObT. A cure that la guarauised to be permanent tor life. uvtK 20,ooo.xr;y? curea or nervoua loss of vitality s..u an uuiimuui neaauesses 01 SBS.a ! Stricture, Uicct. Kidney anu bladder L.a easss, llyurucele. cured uermanenUy. i tUAttOfe-S LOW. I UlX'l A'l lOn KHCU, 1 Treatment by mll. P. U. Bog tea, Otne over 21J 4 14in street, between Far . .Ml b4 DvugtaA bt., UUAUA, NsUt, . ft fMrilltt. . v