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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 12, 1902)
THE OMAHA DAILY HEE: SATURDAY, APRIL 12, 1002. 9 JUDGE RYAN AGAINST WRIT Court ShouliMJie Iu Discretion nd With hold It. Issuance. CONFLICTING . STATUTES THE REASON Finding f the Itefrree Will Cos Ip for Consideration la the Sa prcme Court at Nest Sltllnn. April IS. (From a Staff Correspondent.) LINCOLN. April 11. (Special Judge Robert Hyan, a. referee In the Omaha tax mandamus case, hat recommended to the supreme court that tne application of Wil liam O. Bhrlver and Oeorre T. Morton (or peremptory writ of mandamus be not allowed. He holds that while the relator! are entitled tolhe writ prayed for. It should not be Issued because of the defective method pro-lded by the statutes for the assessment of property of the kind and character Involved In the action. - The relators. Bhrlver and Morton, sought In this suit to have the court Issue a peremptory writ to compel the city coun cil of Omaha to alt again as a board of quallzatltD to hear their complaints against the assessment of five public serv ice corporations. Judge . Robert Ryan of this city was appointed referee and his official leport and opinion were filed late this afternoon In the office of the supreme court. In the report Judge Ryan recites In detail the Issues ot the esse and gives his find ings. In the opinion the various authori ties are taken up and discussed. Th opin ion alse embraced an exhaustive discussion of the method of assessing public service corporations for purposes of taxation In thla state. The findings of the referee will be taken Into consideration by the supreme court at Its next sitting, which begins Tuesday, April 15. The referee's opinion follows: , Report of the Referee. After a consideration of the Issues In the light of evidence, the oral arguments of counsel and the briefs submitted, upon consideration whereof I have reached and report the following as my findings of fact and conclusions of law without attempting classification under those headings: 1. On December 24. . 1)1. the city council of the city of Omaha adopted a resolution directing notice to be published of the sit tings of sa'd council as a board of equalisa tion to be had on January 14, 15, IS, 17 and 18, 19(12, between the hours of 9 o'clock a. m. and Z o'clock p. m. of each day. In this resolution It was recited that "all ccmplalnts must be In writing and filed with the city clerk for the consideration and action of said board when convened." There was due publication of the notice above contemplated and the Board of 'Equalisation-convened on January 14, 1902, and was In session each day except Sun day until and including Janjary 20. 1902. On January 14. 1902, the hearing of certain complaints against the 'assessments of the Omaha Oar company, the Omaha Street Railway company, the Omaha Water com pany, the Omaha Thomson-Houston Elec tric Light company and the Nebraska Tele phone company was fixed for Friday, Jan uary 17, 1902, ot, which day there were argu ments made In support of said complaints and against them. These complaints were known ae the complaints of the Real Es tate exchange, a corporation of which one of the relators was a member. The Real Kstate exchange waa Instrumental In pro curing the above complaints to be filed, but as It nad nc property some of Its members as Individuals signed some of the com- flalnta, and for convenience of reference shall hereafter speakiof these complaints as complaints of the Real Estate exchange. 1 Vote to Grant Hearlsg, On January 18. 1902. there were presented five other comptalnts signed by William O. Bhrlver and George T. Morton. These re spectively were 'directed against the assess ment of each of the above named public service corporation. -'' On the same duy there waa presented a motion by Mr. Lo beck that the board hear these complaints on Monday, January 20, ltn2 t I o'clock t. m. Those voting In favor of thla -motion were Berkley, lloye, Lobeck, Ztmtnan and Karr. Those voting against It were Mas call, Mount, Trostler and Whltehorn,' and It was accordingly adopted. Un Monday, January 20, the record shows this action of the board: "Motion by Mr. Hascall that the motion by Mr. Ix)beck at No. 152 be stricken out as conflicting with motion by Mr. Hurkley at No. 14. Lobeck refused 'to vote and this motion was .carried by the votes of Hascall. - Mount. Trostler. Whltehorn and Karr In the affirmative, the other members voting In the negative. The motion at No. 148 nad named the same time for hearing on January 20 as did lo beok's motion, which was adopted as above stated. Alter tne adoption ot tne motion to strike out Lobeck s motion at No. 148, a motion was made by Hascall that the Heal Instate exchange complaints be over ruled, and after some dilatory proceedings itascaii a motion was auoptea. Those vol lug aye were Miscall, Mount, Trostler, Wliltenorn and Karr. Those voting nay were Murgiey, rtnye, LonecK and Zlmman There waa afterward a motion made by ljObecK mat tne cicra snouid issue sun foenas tor witnesses to appear before the loard of Equalisation with reference to the assearments of corporations, but this was tieteaiea ny tne voles or Hascall. Mount, Trostler. Whltehorn and Karr. There jnon Hascall moved that no notice or subpoenas be Issued, and this waa carried by the votes of the above five last named mem ber of the board On the same day there was a motion by Mr. Lobeck thst Mr. MrlntOBh be heard, and It was defeated by the negative votes of Hascall, Mouiit. thus they were denied a hearing without previous notice ot such denial. Costs oa C'naaellsBea. On the above recited fscts I And that the action of the board of eqiiallmtlon over ruling the complaints filed upon procure ment of the Ken I Eetete exrhange did not estop the relators with reference to their five complaints end wss In no sense a matter of adjudlratlon which forbade In quiry Into the merits of the complaints of siild relators, l'pon said five compialnte I find further, that the ectlon of the bosrd In fixing a time for the hearing of the complaints by relators wss a ssnctlon of the sufficiency of said complaints In form and substance and that the conduct of Hascall, Mount. Trostler, Whltehorn .nl Karr, who alone have answered In th's case, wss capricious, willful and srbltrsry with respect to the complaints filed by the relators and that thereby said relators were deprived of the right to have reviewed the proceedings of the said Board of Equalisa tion with reference to their above com plaints by error proceedings for the wint of a final Judgment and that therefore, lrrespclve of the final resul.s of this ac tion, because of other considerations here after to be set forth, the costs of the case should be tsxed sgainst said Isaac 8. Has call. David T. Mount. Simon Trostler, Wil liam H. Whltehorn and Myron D. Karr and Judgement rendered accordingly. Writ Wonld Bo Inoperative. While I find that technically the relators are entitled to a writ of mandamus for certain purposes I find further that In Its discretion this court should not Issue the writ In this case, for reasons I shall now state In detail, and these reasons sre: 1. The manner In which companies and associations Incorporated under the laws of this state (except insurance companies) shall be assessed Is prescribed by section 32, chapter Ixxvll, Compiled Statutes, and this method I find Is exclusive of any other method. It is, however, abortive, if not unconstitutional, as to the four of the corporations, exclusive of the telephone which had no debt, for It re quires the market or real value of the corporate stock to be assessed after deduct ing corporate Inrtebteflnes-j. ann mis corpo rate Indehtedness Is twice deducted, once In fixing the market or real value of the stock and again by an actual suosiraction required oy the statute. 2. The alternative writ, even as amended, shows that the basis of valuation for as sessment purposes In Omaha la 40 per cent of the real value of all property assessed, except the property of the said Corpora tions d r. .1 i f - mandulo rn II iltB the re spondents to Ascertain and employ the basis employed generally ana to oring in property or tne nve puona service cm in' tlrtnM ihnv rfrrorl to to that Standard By sections 4 and 5, chapter ixxvu, uompiiea Statutes, personal and real property is reaulred to be assessed at Its fair value. The neremotorv writ must follow the alter- native writ and thereby the respondents would be required to violate the express provisions of sections 4 and t aforesaid. If tne averments in me alternative writ arc true. , S. It la extremely doubtful whether the rltv council of the city of Omaha, sitting as a Doara or equalisation, ims pwwrr iu review tne proceedings oi tne noaru oi Review. I sua-aest that thla la doubtful without definitely committing myself on that proposition. A au 11" l nrni iir, uis-vj v v, , . " - w ...... , and do recommend, that In the exercise of Its discretion this court shall refuse to Issue a peremptory writ and that It shall dismiss this action at the costs of the an swering respondents, Isaac 8. Hascall, David T. Mount, uimon jrosiier, wiuiam B. Whltehorn and Myron D. Karr. All of which Is respectfully submitted. - - HUUiiKi man, neieree. YERKES COMBINE COMPLETED Consolidation of Companies Perfected to Carry Oat London Electric l'n derf roond Concessions. NEW LINE OF BURLINGTON Road to Extend from Billing to Armington in Montana. FIVE OMAHA MEN INCORPORATORS John C. Francis Files Articles, U. W. Holder, J. U. Taylor, II. D. At lee and . W. Loom Is Interested In the Project.1 HELENA, Mont., April 11. Secretary of State Hays today Issued a certificate ot Incorporation to the Burlington Northern Railroad company. According to the arti cles of incorporation, which were filed by J. C. Francis of Omaha, the new company proposes to build an extension of the Bur lington from Billings, 141 miles northwest, connecting with the Great Northern at Arm ington. Other branches also may be built. The Incorporators of the company,-all offi cials of the Burlington road, are: O. W. Holdrege, J. C. Taylor. H. D. Allee and Q. W. Loomis, all of Omaha, and H., B. Zebur of Billings. The capital stock Is to be IS.000,000. ot which $300,000 is subscribed. The pro posed railway, In addition to connecting the Burlington and Oreat Northern sys tems, will open a rich stock-growing and mining territory. BAILIFF TALKS TO JURORS arnlshes Baals for Motion for Hew Trial In Personal la Jury Case. Charles F. M. Morgan, bailiff of Judge Fawcett's court, Is connected with a motion for a aew trial In the case of J. W. Tavlor against the city of South Omaha In a wav I Cooper, principal of the Forest Lawn mat ne doesn't rellsn and waicn he says nchool, will go to Beatrice Saturday, at the Is unwarranted. I request of the school board there, to show Taylor sued for $10,000 for damages al- how It Is done. The secret of the system Is leged to have been sustained Ina defective understood t inhn in th. liharal n nt . . - ... - - - ldemalk at Twenty-fourth and R streets diacritical marks, by which the child la February. 1901. and Wednesdsy morn- taught the powers of the letters. The more ng, after being out all night the Jury recent readers In the Omaha schools also brought In a verdict for 12,000. Friday morn- n.Y. tn, ion. word. dideli to syllables Ing a new trial waa moved, the petition and the matter is arranged In dialogue ueging misconduct on tne part ot tne form. Here Is a specimen, localised, and jury, and in support of the allegation mere brought up to date as nied the affidavit of W. S. Bates, a I (Picture of Judre Hascall. cltr council juror, wno swears thst the Damn was In- I man.) irectiy responsible for the verdict re- I oh. see the man! turned. He states that while the Jury was I Whv do., h. Ma hair and atamn eimeraung in me noun wnen its members should have been sleeping. Juror Peck went out of the LONDON. April 11. "This," said Charles T. Yerkes to a representative of the Asso ciated Press today, "Is a grand finish of six months' work." Mr. Yerkes referred to the arrangement, Just completed, by which Speyer Bros, of London and Speyer Co. of -New York and the Old Colony Trust company of Bos ton form a new company, with 5,000,000 capital, for the purpose of carrying out his electric underground concession In London. , The Associated Press learns that the new Underground Electric Railways company, as It Is called, will eventually Increase Its capital to 15.009,000. Mr. Yerkes wUr.-b chairman, . but the Speyers and the' Old Colony Trust company will have a con trolling Interest. Tbey will nominate the directors, who will all be English except Mr. Yerkes and Mr. Abbott of the Old Col ony Trust oompany. The capital will be privately subscribed In London and New York. Mr. Yerkes' methods will be adhered to and he will carry out his previous policy. Continuing his statement Mr. Yerkes said: It was soon discovered that the original company with a capital of il.OOO.OOO was too small. I wsnt to America with the Inten tion of forming another concern which would absorb the original organisation and have an additional M, 000, 000 of capital. In the meantime four .railways were pur chased, the Baker Street & Waterloo, Prompton 4k Piccadilly, Great Northern & Strand and the Charing Cross, Euston 4 Hampstead. Thus a system ot Intramural transportation, enabling persons to travel In most of the districts of London, was assured. The expenditure of the present capital of the new concern will extend over a nerlod of three years. I Intend to form a comprehensive system of Intramural transportation for London on the basis or cneap lares ana rapid transit. Look I Look I Wherever Stors Brewing company's Bock cards are displayed you will find their un excelled Bock beer, mad of pure artesian veil water, selected malt and Imported bops. OBJECTS TO THE SALE OF ROAD Stockholders of Oklahoma Jk Golf Revolt at Purchnse by the , Rock Island. PHILADELPHIA, April 11. The sale of the Choctaw, Oklahoma ft Gulf railway to the Chicago, Rock Island ft Pacific railway system does not meet with th unauimous approval of the stockholders of the Drat named company. A representative of th minority stock holders stated today that large holders ob jected to th deal on the ground that the purchase price was too low. It was also stated that the dissatisfied shareholders would decline to deposit their stock. A representative of the majority stock holders today confirmed the statement that the -Chicago, Rock Island ft Pacific com pany was the purchaser and added that this was the first bona fide offer ever made for the purchase of the Choctaw, Oklahoma ft Oulf railway. NEW YORK, April 10. 8peyer ft Co. an nounced today that they, had bought con trol ot the Choctaw, Oklahoma ft Oulf railroad. They declined to disclose the terms or th names of parties for whom they acted. BERNSTEIN . GOES ON STAND His Motion for Instrncted Verdict ot Not Gnlltr la Over- ' 1 rated. Levi Bernstein, charged with receiving stolen property, went on the stand yesterday afternoon after a prolonged Interval of rest for the Jurors and work for the at torneys. Bernstein's lawyers moved th court to Instruct for a verdict of not guilty and raised technical objections, alleging as sgainst public policy sud unconstitutional that section which provides punishment for a man who receives stolen property without specifically stating that he must know It Is .stolen, ine court couiun l see u iu way, so the trial goes on. The mother of on of th boys, John Ruane, learned yesterday for th first time that her son 'Is among those who ar charged with selling Bernstein the goods snd she came to the courthouse to nnd mm with tears In her eyes. At their meeting she broke down and nearly fainted. with his feet, and make the wel-kln ring? Is the man In-dig-nant? Yes: he Is very ln-dls-nant. be-csuse a room a minute or two and wnne out got naughty Judge said he would have to pay into conversation witn Ban in Morgan, wno I two hun-dred dol-lars told him that the attorneys for the defense had offered to settle for $1,600. but that the plaintiff had turned the offer down. Peck reported this to the Jury and the Jury called Morgan In for further particulars. The affidavit states that he repeated the statement and said that he had heard part to be very Instructive to minds tn process oi tne negotiations oetween me attorneys. 0f development Bates says that he had, prior to that time. been against any verdict for mors than $500, but that he then consented to the $2,000 verdict. Mr. Morgan said that the jury had called him In and asked him soms questions. which he had answered In a general way, but he, denied other parts ot the allegation. Approval of Equalisation. V The record then recites ss follows: "Mo tion by Mr. Hascall that Mr. Mcintosh be ak'd to retire." Carried by the votes of IUh.hII. Mount. Trostler and Whltehorn, tlie ruling of the chairman, Mr. Karr. de nying Mcintosh leave to file documents was sustained. Thereupon on motion ot HaxcHll a general remjlutlon was aX'ted approving the equalisations aa the had Wen mn.h ThoKe voting In the affirmative win iluscali. Mount. TroMler, Whltehorn and Karr. Those voting III the ticaullv er Hurkley.-lloye. l.b.i k and .imman. (.if. motion of IIhkcuII the Hoard of KmuhI 1utlon then adjourned. Thowo voting ave were Hum-all. Mount. Trostler. 'Vhltehoni and Karr: thoxe voting in the negative v.ere Btirkley, Hoye l.oheck and Ztmniun. Thla adjournment sine Ul- wmh at 12: p. m and at a o'clock p. m. .Mr. Mcintosh with wltnrssex In good f.ilih went to the council chamber ami found It locked, and r l ABSOLUTE SECURITY. Genuine Carter's Little Liver Pills. Must Boar Signature of hm FsoSinll Wrapper Below. ATTACKS LEGISLATURE'S ACT Address to goath Dakota Voters Form alaled hy Dento-Pop Committee Assails Eloctlon Law. , MITCHELL. . 8. D.. April 11. (Special Telegram.) The . two subcommittees, sp pointed by the democratic and populist state central committees, to formulate an address to th voters of the state, finished their work in .hat direction this morning. The address was drafted by the' democrats and It was endorsed by the populist com mittee, the latter agreeing to call their stats convention at Huron at the same tlmn the democrats meet there for nomination of state officers. The main feature of the address will refer to the action ot the last legislature In pass ing a Isw preventing the placing of th nam of a candidate twice on on ticket. thus knocking out fusion. The address will make the most of this feature, though other matters of not so much Importance will be reviewed. The committee is exceedingly quiet about Its vleas ss to the result of the combined convention. In tsct, having nothing to say. Vary small and a oar CARTERS roi IL1BAC8L rOR DIZZINUS. rcii Biuoumts. foi Toani tivw. " rot CDMITtPATIOI. roi tin a w tin. rOITMtCOMPIlIlOl sisals, CUBSICK HEAfiACHJE ConHrmallons l- the Senate. WASHINGTON, April 11. The senate to day confirmed I he following nominations: gr Major general. Brigadier Osneral Robarl'P. Hughes. Colcnels to be brigadier general: Isaac D. Perusy, Andrew S. Burt and Michael V. Bherldsn. Postmssters: Kansas T. A. fismhlll. Concordia: J. W. Krenan, Lyndon: H. Q. Los ranee. Thayer; R. W. Branson, Chero kee: VY. T. McElroy, Humbo'.dt. Iewa-rM. Bbeildsn. Osceola: O. L. Wilk inson, Neola; C. H. Anderson. Ac a moss: J. L. Walts, Burlington: J. C. Harwood. Clarion; I. Stauffer, Olad Brook: D. J. Aadlum. Missouri Valley; C. Vaa Bandt. Wilton Junction; W. S. Gardiner. Clinton, Missouri W H. Cashlon. Perryvllle; H. Grass, Hermann; R. D. Crsmer, Msuiphli; 3 J. Klslnshmidt. Higgtnsvtlls; M. J. Orr Osceola. Nebraska I. E- Sedgwick, York; H. M. Weels, Crete. Trias E. For. Pittsburg. Indian Territory J. R. Young, Ads; M. P. Campbell, Wllburton. . William R. Akers. rscelver of public moneys, Alliance. Neb., and a number of chaplains In th army. NEW ASSISTANT FOR BAXTER H. C. Ferris, from Columbus, O., Take Posltloa with I'nloa Pacific Here. H. C. ferrls of Columbus, O., has been sppointed assistant superintendent ot tho Nebraska division of th Union Pacific, rail way, under Superintendent Baxter. Mr Ferris succeeds C. B. Keyes, who Is re tained In the servle and assigned to other duties ss . chief train dispatcher In the Omaha office. W. L. Croxton, who ha been In this position, is to be sent out to Grand Island as chief dispatcher there. Mr. Ferris Is a nephew of Oeneral Man ager Dickinson, who made the appointment. He has left the 'position ot assistant chief engineer of the Ohio Central railway to come hers and Is an old railroad man. Two weeks sgo. when the newly equipped Over land train No. 1 made Its first trip west Mr. Ferris was In Omaha looking over the field, and he cam her again Thursday for permanent residence. Railway Holes and Personnla. Oeneral Manager Holdrege of the Bur lington has gone to - tucago. I C. Tomllnson. traffic manager for Swift and Company at Kansas City, Is In Omaha. W. 8eward Webb went through Omaha yesterday morning enroute east irom Mex Ico In a special car. Superintendent Hignell of the northern division of the Burlington, Is In Omaha from his Lincoln headquarters. ' r.inrBl fiunerlntendent Calvert of th Nebraska lines of the Burlington, Is in Omaha from his uncoin neauquarters. A school teachers' rate of one fare plus $2, for the rouna trip, win d upemuv trnm Nhraka Dolnls to Chicago on Jun IS, 17, 21, 22. the return limit being Sep- U mber lo. nna hntterv of llaht artillery will soon K ntninl over the Uurlinaton from Fort P.oblnson to Fort Riley, to make way for the Eighth cavalry, to arrive at ton mod- insnn from lud. ine Danery win cum UfiBe 1m men, itiree uiuccrs inu aulls The Burlington will run a special train from Lincoln to Omaha late next Tuesday night to accommodate umana residents u),.. attend the Paderewskl concert there. Thr train will leave Immediately after the concert, and will reach umana in time for all street car connections. President Burt of the I nlon Pacific rati way look a party to Fort Riley, Kan., yes terdav In a aiiecl&l of three cars, for a briel visit. Those with dim aere Mrs. Burt O.iieral Bates. Major Mri'lernund, Mrs Mi-t'lernand. Lieutenant W Ilia, aide ii, norai Mates. Mrx. W'orden.- Miss Mc demand and Muss Pomp, sister to Mrs McClernana. Stors Bre!ns; compear' la Bock beer ca tap Saturday. SAMPLE OF THE DIACRITICAL It Sna-aeeta Councilman Hascall Coa templatlaa" Payment ot Two Hundred Dollars. Omaha's method of teaching reading In the lower grades Is attracting attention of educators In other cities. Miss Clara What does be have to pay two bun-dred dol-lars forf He doesn't hsve to psy two hun-dred dol lar. That Is Just a Joke. Then why Is he ln-dlg-nant? And so on. Thla style ot resdlng Is ssM Nature's SWeet "Bjestorer la th nam applied to "lUep." Slp of th most restorative Kind follows tho use of ANHEUSER-BUSCH'S W "v Mr.. Z,?J7Z ,M at rasaa mask, Recommended by leading physi cians as a pure tonic with wonderful building-up properties. Not a "darK beer," but a real malt extract. All druggists stll it. Prepared only bjf Anheuser-Busch Brewing Ass'n St. Louis, U. S. A. Brtktrt f tf fames Budwelsor, Mlchelob, . BMacfc A Tan. Pale-Laser, Faust. Anheuaer Standard, JLaport Pal and taqulslt. All orders promptly filled by GEO. KRTJG, Manager Anhenger-Busch Branch, Omaha, Neb. DIES AFTER MUCH SUFFERING Mrs. Leary, Who Set Fire to Clothing; Last Sunday, Expires. Her BAD COW BECOMES SAUSAGE City Veterinarian Finds Links of Evi dence for Proaecatloa of Meat Dealer. The funersl of Mrs. P. H. Lesry, who died Thursday night st the Clarkson hospi tal, will occur 8unday afternoon from the family residence, 1910 Clark street. The j body Is now at Heater A Heafey's under- taking rooms. Mrs. Leary set fire to her clothing last t Sunday morning after pouring kerosen over herself. She was frightfully burned and suffered Intense pain until death re lieved her. She was the wife of P. H. inaries merwsra, wno runs a ssusage kitchen at 13U North Twenty-fourth street, arrested Thursday night on a charge of butchering and offering for sale I Lsnry, a carpenter In th employ of th diseased meat, admitted to the officers that 1 1:111011 Pacific Railroad company, and had he had bought a diseased cow and butchered Deen "ghtly demented for some time her. Several day ago neighbors of Hans I I (CLL RRFVITIES. iauBBu, a aairyman al rum and Locust streets, reported to the police thst Clsusen Judge Read has granted Bertha Farnhim r.aa a very sicg cow wmca Had suddenly I divorce from Albert on tne ground oi disappeared, and they believed that ha treme cruelty, naa sold her. Detectives Johnson snd Heelan were detailed On the case and Clausen admitted to them that he had owned a cow which bad been sick for over two weeks and that bs had sold her to 1 of the building" unaries Merwsra ror 4.b0. th police say that the cow was lying In a bed of manure when Merward bought her and was so diseased that nothing but hide and Sheriff Power took Robert Lafferty to the penitentiary at Lincoln yesterday to serve two years for forgery. The custodian of the federal building has let a contract for a new trap door, to be placed over the ash elevator on the north bones waa left of her. Merward killed th fined to a small area. Reports from all cow where sha lay snd hattled her away. Parts of the northwest Indicate that The detectives reported to City Vetl- narlan Ramaccclottl, who ordered Merward' arrest. Dr. Ramacclottl then examined the meat In Merwsrd's place of business and secured a box full, badly diseased, which Is supposed to r- the remains of the Clausen cow. Other diseased meat. which was found In the house wss soaked In coal oil. City Prosecutor Thomas will file a given her the custody of their child. Kllsa . . .... - - I r . . m. complaint against Merward and expects I etn, agea . Oene Cordon. 1333 North Sixteenth street. claims to have been robbed of $4 by a woman Thursday night and three suspects have been arrested. The rain which fell Thursday was con- rn an t aln Is needed to give the growing grain the moisture which It requires. I Two comnanlea of engineers at Jefferson I Darracas lert yesteraay tor fori wnvin. worth, making room for a detachment of the Fourth cavalry, which will soon arrive In the department from Cuba. Rnrauae Thomas Junker la shown to have been an excessive drinker and a cruel hus band Judge Dickinson has granted Emma Junker the divorce she sued for, and haa l 1 1 ''"TrBrst "","B"", B I I Office Building 9 i 1 I nrin cr awf-a a a si Sym Time is . Moving Time Moving Is not pleasant to think about except whea the proapect of a handsome office 1 In proapect. You have to get up a certain amount of steam to move, even when you are driven to desperation by poor janitor work, wretched elevator ser vice and offioes that have been long in need of paint as well as soap snd water. The Bee Building always looks fresh and attractive because , It I never allowed to get out of repair. This together with efficient Janitor service make It a pleasant place to do business. Besides this the rents ar no higher than In other buildings. R.C. Peters & Co. RENTAL AGENTS, ? Ground Floor, Bcc Building. to Institute a vigorous prosecution. Mer ward has been released on bond. SIX-THOUSAND-DOLLAR STEER What, a South Omah Live Btoek Company gays It Weat Asjnlnst.. ' 1 v- A complaint was filed In Justice Alt- stsdt's court Friday afternoon by Oustave H. Johnson, representing tbs W. J. Perry Live Stock Commission company of South Omaha, against William Heap, jr., charging htm with obtaining 16.000 from the com- The river Is rising at Omaha and at other places up the river. This rise Is due to the melting of snow and precipita tion In tne upper vaney, dui intra is uu Indication that the water will reach the higher water stage. At the Inspection of the federal Building ffis week the Inspector found that a new cable was needed for tne elevator In th nnatnfflM and that In all other re spects the equipment for th building was in nrst-ciass snape. Th. fdiea' Aid aocletv of the Bohemian Presbyterian church. Fifteenth and Center streets, will give a rag social In the base ment of the church on the evening of April 22, the revenue to be used In the erection of a dwelling for the church Janitor. John B. Carlson of Malmo. Neb., writes to the Omaha police that his son, Kmll. F. Ill 1 nanv uniler falsa nretanaaa . Tha h.-.- i. I haa been missing since March 25. K th. n Ma. lorn u.. ..u ' Carlson Is 21 years of age, six feet in that on May 23, 1901, Heap sold the com- height, slim build. Swedish descent, but pany 275 head of 2-year-old steers, recelv- talks good English. He wore a black suit lng therefor $6,000, snd when the time nd ,lhl hat- cam for delivery th. company found that T.",nTy.rr!n2.d for Heap did not have th steers. Hs bss a banquet to be held at the Millard .at 7 been arreBted and is now. In jail at Unlta 1 o'clock thla evening which will be at- county. Wyoming, and application ha. b... r. 7 DeVK D.7.. 'Kin. made for requisition papers to bring him saa City, Topeka, St. Joseph, Lincoln and to Omaha. MEAT CONTRACTS FOR OMAHA j Armour and Cadsky Coatpaalea Will apply Ham and Beef for Army. At the letting of contracts for meats for other western cities. A team hitched to a buggy belonging to Dr. McClanahan. while atandlng hitched near Twenty-fifth and Cuming streets, be came frightened and ran away Friday fore noon. They were caugni ai i winir-iuiu i t.j.. ... nn. tinraa havlnar re alm avukv v. . v..v . - - celved aeveral bad cuts and the buggy being considerably aamagea. The delegatea to the National Editorial convention from the Trl-Clty Press club have requested the Omaha Commercial club to provide a number of badges adver- tne army this week the Armour company tlslng the fact that the delegates are from of South Omaha secured a contract tor Omaha and that the city desires the next 30 000 pound, of dry ..It ham. at 112.60 per .1 UP " iuu pounas ana tb Cudthy company ft nnta renort that it la 1m- vuuir.ui tor id.uio iwo-pouna fans oi Deer I poulbla to auppiy ine aemana xor nve ana r ivv uk. nan inn aiv.piinrn nniiHiAB in i u n tur. ui uvumi jr T 1 WW I . . . . , I . i.-.,... r mUlm a 1 a las Th figure, ran much higher at thl. let- X-SXSm demand for' laV.er house. ting than at the previous one, hams sell-I Is not as'actlve as It waa last year, due ng at the former st $11.85 per 100 pounds " rat measure io in. umjn r i j . - . n , , i DUUl oy iMsrauiia wiw, - -,v, "u ircc ii tru lb a cao. ionirscis I ...,, for Isrd hsve not been let snd two Omaha I Bids will be opened In the office of the houses hsve bid on this srtlcle. Hoard of Public Works April 25 for the laying ot sewer mains as louuw. un CUIIWCDT CUVe IT llc til V I Thlrty-nrtn streei, Deginnins i SHUKERT SAYS IT WAS PLAY worth, to Maeon; eaat on Masou to Twen- tv.rmirtn ana souin on imny-iuunn iu PoDDleton avenue. TUrr will be Wo feet of twenty-Inch pipe, il,fl(0 feet of fifteen inch pipe and 178 feet of ten-Inch pipe. ritirlna- the abaence of Dr. A. Hugh Hippie at lunch Friday fire waa discovered In hla anartmenta In The Bee building. The flames wre apparently caused from a match which naa Deen careiessiv inrown into a wiate basket. When they were extinguished the total damage wss but a few dollars, connnea principally to me private desk of Dr. Hippie, tne Daca oi Defenae In Case of Assault and Bat tery Brought by Miss Chrlstlaasoa. Alfred Shukert waa tried before Justice Altstadt yesterdsy on charge of assault and battery preferred by Miss Christina Cbrlstlanson, who said that shukert beat and mistreated her and cut her with a knife I which was scorched. April S, Inflicting a painful wound on the right wrist. Shukert testified that he and Miss Chrlstlanson were playing and that he cut her accidentally. The judge took the case under advisement. Both Shukert and Miss Chrlstlanson sre employed st ths fur store of A. O. Shukert. 215 South Six teenth street. The curves on the Dodge street car line on Twentieth street, between Cass nnd Cuming streets, are being taken out and the rails of the old horse ear line, which have been on that street for many years, are being removed. The work will not b completed Immediately, but will probably be (hiixlieil before the close of the working year, but work Is necessary now on account of the paving of Cass street. Twenty-fourth street, north of Iake, is being filled with the material of the brick paving contractors who are making prepa ration to stait the work of paving as soon aa the rails of the street car company are In place, i A crew, of the company Is now at work placing concrete between the tracks and carrying on the paving of that portion of the street as the contractor advances with the brick work. A. O. Elllck, an attorney, has gone to Fremont and several of his associates have gonej their doctors. Last week the young kwT- . 1 . I M tt a. . , with whom he ofltces, on several cases, and! waa among other attorneys frequently. Monday he felt ill and went to Fremont, hla former home. Mr. Brome has since received a note informing him that Mr. Elllck Is under quarantine for smallpox, Gladys King has been arrested, charged with larceny as bailee, on complaint of H. O. llowers, who said that, not being able to muke headway In the financial world, he appointed Gladys his banker and deposited with her $7 of his hard-esrned money to save for him. Thursday he at tempted to draw on the bank and was Informed that It was closed and the de positor would do well to get 1 cent on tha dollar. Assistant Postmaster Woodard haa re reived two canes from a convict In the Colorado penitentiary, with the request that they be disposed of for 1S, as the convict desires the money with which to pay the expense of an application for pardon. Tha canes are unique In that they are made of paper, one having been con structed of 7,(ai postage atamps and the other of copies of a magaslne. The canes are highly polished and mounted with a horn handle and long brass ferule. , Barney Klmmerllng has been srrestsd charged with stesling SU from the pocket of a member of the Eagle lodge during a meeting of the order Thursday night. Klmmerllng waa caught In the dressing room of the lodge In the act of searching th pockets ot the coats and trousers hung there and waa thrown out by "Buck Keith. Later It was discovered that IU had been taken. Klmmerllng denlea the charge and the officers failed to And the money on him when he waa arrested. Mrs. Sarah A. Reeves, widow of Kdward Reeves and in old resident of Douglas county, died at her home In Florence Thursday afternoon, aged 77 years. Mrs, Reeves came to Florence from Norwich, England. In I860, and has since resided In that place. Three daughters, Mrs. Louise Cowles, Mrs. Louts Orebe of Omaha and Mrs. Annie Mattox of Florence, survive. The funeral will take place from the fam ily residence In Florence Sunday afternoon at 3 o'clock. Interment at Forest Lawn cemetery. Rosa Nellan, aged 4t years, one of the most eccentric characters of the eaat end. died of heart dlseaae April at the county hospital. Hhe was a woman with a psst. Though her life for the laat six years had been picturesquely dlnsolute tint she was regarded as a "holy terror" by those who lived near her hovel, 212 North Twelfth street, she was at the time of her death tne wife of a man now holding a re sponsible position under the government of an Iowa city. Her record aa a police court character la second 'only to that of "Bos ton'' Green. I!1! Chicago Girl WHO SNUBBED Edward VII, A P R. I L PERSONAL PARAGRAPHS. T.lautenant Fred II. Svenson of the Twenty-second infantry, at Fort Crook, has been grunted a leave oi absence lur lou teen days. W. J. Mawhinney, superintendent of the army headquarters building, will spend a two weeks' leave ot absence at Fullertou, his former home. General Batea. accompanied by Colonel McClernand and Lieutenant Wills, left tor an Inspection trip to Fort Rliey yester day. Lieutenant McC'llntock la acting ad jutant general during the absence of the psrty. Cnuntv Treasurer Rlsasser and Mra. El- sasser returned Friday morning from Hot J Springs. Ark . where thry have been taking the baths for a little more than two weeks, with the result that there la aeveral pounds less of Mr. Elsasaer than there was. The Infant son, on accojnt of whose Illness they abbreviated their outing somewhat. Is much Improved. Nebraskans at the Merchants: F. F. M array. Lincoln; W. T. Neat. Nebraska illy; Gus Friend. Grand Island; R. U. Strong, Pender; J. P. Latin. Tekamah: W. O. Bears, Tekamah: Clurence Clagett, Johnson; Joseph Hall, Tekamah; A. A. Pluraroer, Craig; John F. Plaer and son, Lyon; A. B. Todd. Ptatlamouth; George L. Carter. Nort".- Plans;, P. J. Langdon, Grrlns: T R. Aahlry. Decatur: George Crowell,' Lyons; W. It. aUDwoald, North flatl. HUSTLERS READY FOR WORK Ak.S.r-ne. Aaaaal Ca.palgt. for Members Will Be Opened Without Delay. The hustling, committee of ths Knights of Ak-Sar-Ben met Friday for the purpose of organisation. J. D. Weaver was elected chairman snd Harry F. Roberson secre tary. Eight persons were present st the meeting. The committee will b Inrraaaed to fifteen and the rsnunl er.raoslsn for members will be started. Th commltte will hsve s large number I ot neophytes for Initiation the first night that work Is to be done, which Is tbs first Monday In May. Good for Hheamatlsm. Last tall I was taken with a very severe attack of muscular rheumatism, which I caused me great pain and annoyance. After trying aeveral prescriptions and rheumatic cures I decided to use Chamberlain's Psin Balm, which I had sees sdvertlsed In ths South Jerseyman. After two sppllcstloo ot this remedy I wss much better, snd sfter using on bottle was completely cured. I Bain Harris. Balsm, . J. BEAUTIFY YOUR SHIN AND HAiR with wmrm tluungfoom ot .-U0APJ Beautiful hair Is positively Insured br clesnslng tcs'p snd halrwlth HmHlmm SS end then spplying a dressing of Hmjr'm HmlH0Mlth. Thi will remove, dandruff, stop itching and promote a healthy growth of luxuriant hair. For purify ing the skin, softening and whitening- rough chapped hands ; for removing pimples, allaying Irritation or offensive perspiration, and for all antiseptic purposes in ths toi let, bath or nursery, Hmrflma Smm0 Is pronounced by thoussnds of men snd worn a th most perfect and satisfactory soap, toilet or medicated, they bav ever used.' Hartlmm ataay Is free from alkali, and unite, purest cleansing Ingredients wits healing Pin Balsam and asllcat odor of forest fiuwers. It ti ! la eat saas. at srle. Iks htst tVn tad roaplnlo soap, ths best kalr aa4 scalp see m um owUi. 24 cast cakss si leading druggists j t ler 64 ceats. Froo Soap Offer IIARF1NA SOAP Cat aa ttf this coapoa hi days, lake k lo say at th fntlewliit dnxriausnd they will gtv pa s Uf botiM al tlay's Hatr-HaaHu and 2 Sc. caks of Harttna Madlutad teas, Um baat or nair, bcalp, Coatplasioa, Sain aa loilet. both lor r-Mly ceata rarular arua, ytc. Ka- ;ieia every asm at isalr shoos ealy. or br IM Hnne nay paciai a V laatdlaa Sruaalata avirvaatM at taalr aHM,a aajv. ar h tha Phlla Hav tlas Co.. Newark, ft j a,iar amh ar withaat aoap. by sicai. pilu4, la pUUl Maiaa packaga, aa rataiat at aa. aaa uua ceapoa. taiga BaaM as aadraat.) FOURTH ANNIVERSARY NUMBER; 'Iho MSavasiuu that's Dlaerenl." DOMfci FhlA'ltitCB IS APRIL. Ths TSlrS laraa," by at. av. c Wjiark. tilus. : '"iba tUiuMValt-tlauna iJU.i. SX Hu. W, wuauy. . v.au f.w orb Capiurar London' br alar-. tuuiarapu. ' uutral .. ..... "Woaiau oi SUuvl uia.ua or Baauiy. fun-j,.,, iiaalvstlon Army Olrl.." bj' Uioeoi . Ha!.,. 'illo"cai!!aso Ulrl " WasinHe. ' "Tales lioui ttaadquai lara . tN. V14. . -'No. t Aiuauy oiral. Walla. . Uaar. Lraaa, rrau vtomaa Wbs aiitomoblU." by Garaid . i a,r. luuai-rataa ... a atl of uraawr aw iwia. Tba ( uroaaway jiu.u," by John W. at.lt. how to Ksosiva a fount Man tn Irul." Ulut "Jiow allow Jounialimu aa.au Ciloa," b a i,rsaiiuu. iuMaa. "ho. for aawaa. ' or Charlaa til ward karna ..."iJlrturas of UnuiUal atao." "." Osa Americas oirrs uuaaa Auroad," by rraas aaoyu- luaalrala. 'A riaart and s u(d," by kobart Hanson, tllua. Aloaa ana a Widow," by Hobart Bmluw. ' Taa haa on broaoway." Tna Womao's club oi New York." Illu.u-aUo. .' Tba Womaa ol Ua world, ujr caiUiu Illualralau. ' ".'.. a ! .,,'.. ' loo a CV n All hvsia.uda.' PKCIAL. OFFKK. lauloee ai.oo lor a year's subscription, aud no will, sead " FHsCB a copy of "Sun fork Girls" i3t PSKCS, beautifully Illus trated in ooiur, cunimii! inruiiuuv alorlea of ndvonture, rouiaur. and lets, t'aaaot be purchased rissnksre, David Homo, tba srrsl vrltlo, sasi "The most faaclnatlua" book I rvr; read." Direct or through your neat., dealer. ; ' BROADWAYMAGAZINE CO. mntA ll.a, A'i Jt b , A . - . m-- . , Transvaal Uold Output. JOHANNESBURG. Transvaal Colony. April It Tbs output of fin gold tor th mania of March was 104.127 ounces. ffllf'M Ja faa It ft n If h wartastad to raators yovfkhil color. Waaty aa Ills bs Jr mt SMt r'ffbalJ flgp(rr , (load hai ,ha proved a batu.ac ta IhouMada Whs aau hav Saa haa of hair. Hay's Hair-rleailh ia a nlrahinf . Iragraal srsaaiag aaa haw gnaw, hut 4 ays i will sot aula th scalp at ciothias. Slop kalr Uiliof . Lsrg so seat bottles at iseslog druggists. Ntkwbjf tracraua sssfly Bar's uak-lWalla sss uartlas tssf Is thtlr akass ssiyi i n u i-iuens a m at at ( o. Kl.l. iikaiDad. aruirrn iniivnirns.i ' ......... u . . u- . n.,i 'aA-n,.ai L H I IT 1th sad Chicago. ' - . Mfcic-ii. LIFFP-MOROAV. J Broad way; DeHAVE. IZS Cegital Broadhsy. 0J,,cV,rnl:l Utl'ilJi. Utsf fit iROVt'N, 127 Uaiai WHELET. tl Broaaaay. , taut and tKugla Jts., cMAiLl. MCis. DR. McGREW (Age 53) SPECIALIST. Dlsoasos and ll.ru vi Ma Daly. 2d fears' Kaperloaoo. IK .Years - la Omaha. U1DI00PCI C cured by a' treatment VAnl v-UOLlX which Is the QUICKEST, salsst and most natural that has yet been discovered, so pain wnaiev.r. no cutting snd does not Interlere wlta work or busi ness. Treatment at office or at home and a permanent cur guaranteed. ;- f Hot Springs Treatment tor Syphilis And sll Blood Diseases. No "BKKAK1NU OCT" on th skin or lac and ail estarnal signs ot the dlseaae disappear at oiu-e. A treatment that ia more auci-tsstul ana far mors satlatuctory than the old form' of treatment and at less than HALF Tits: COST A cure that la guaranteed to be permanent tor life. IIULU 0(1 flflll cases cured of nervous Ulhll IUUUU debility, ioss of vitality ...u all -unalural waaknassea of men. Stricture, Uieet, Kldnsy aud iiladder LMs- lini uyaruccie. cureu ixroianauiiy.