V
THT3 OMAIOV -jXAliyf JTJ5E: SATCTTi'AY, ;rtJIjT 1003.
CHALLENGE POLICE BOARD
Legality of Sooth Omaha Body Questioned
in Supreme Court
TEST RIGrlT TO USCOF BLOODHOUNDS
L irnln Police searching fee Parties
Who Have Been Mutilating reun
tain Presented llty 7
D. U, Thompim.
(From a Stall correspondent.)
LINCOLN,' July 17. (Special.) A suit In
quo warranto to oust the members of the
fire and police board of South Omaha whs
Uufur. touay beto.e the supreme court of
V-e Biate. An allegation that the law
creating the board, which was passed by
the last legislature, is unconslltuilonal
serves as the basis for the action, which
was filed by Attorney General Prout In
conjunction with Constantino J. Smyth uf
Omaha. Thomas J. Nolan. A. L. Berqulst.
William B. Vansanl, Alfred Nixon and
George W. Wasson, members of the board,
were made defendants,
The petition alleges that the law enacted
by the last legislature providing for the
appointment of the board Is unconstitu
tional and that the members of the board
for that reason have no power to perform
any duties prescribed by the bill passed by
the legislature. The last legislature passed
the bill after listening to much argument
against It and the attack on the measure
has been anticipated since the adjourn
ment of the lawmakers.
The attorney general acted formally In
attaching the signature. The petition was
prepared by former Attorney General C. J.
Smyth, who brought It to the city this
morning. Mr. Prout, after he examined the
petition, stated that he signed the docu
ment because It seemed to make a case for
the consideration of the courts. While he
will appear In the case on the part of the
state the actual work will be done by C. J,
Smyth and his associate counsel. The state
must necessarily be a party to such pro
ceedings, and that explains the appearance
of Mr. Prout In the case.
Although the new law went Into effect
early In the year, the board made no at
tempt to take charge of the Issuance of
saloon licenses, one of the main duties of
the board as prescribed by the bill creating
the body. They did. however, take charge
of the fire and police departments. The
failure to take charge of the saloon licenses
was attributed to the fact that the bill
failed to pass with the emergency clause.
Grounds of Action.
Some of the grounds on which the bill Is
declared to be Invalid are that It gives the
South Omaha fire and police board the
power to pass ordinances regulating the
granting of licenses, a power also given to
the common council of the city. Another
conflict Is found between sectlbn 128 bf H.
K. 267, giving the council tho power to con
trol the fire department appointments, and
that embodied in section 63 of the measure
giving the same power to the newly created
board.
It la understood that Mr. Smyth appears
for several South Omaha citizens who op
posed the new charter bill. The mayor and
council of South Omaha are also said to be
taking a hand In the case. At the office of
the clerk of the supreme court It was said
that the case would probably come up for
argument in September or October.
In the application for a writ It Is stated
thit grave doubts exist In the minds of
many South Omaha people as to the valid
ity of the law, which was house roll 267,
and that public Interests require that It be
decided by the court whether or not the
powers . it purports to , oonyey jre. legal..
I shows -that the defendants pretend to
have all the powers concerning the apt
pelntment, removal, government and dis
cipline of ths.. fire and - police departments.
that the provisions of the act are null and
void, that the board has no legal existence
and that its members are usurping powers
not conferred upon them by law. It asks
that they be required to show by what
authority they perform the functions.
Can Bloodhounds Testify t
The competency of testimony based on
the use of bloodhounds In pursuing crim
inals Is attacked In a brief filed In the au
preme court today, and the admissibility
of such evidence In future prosecutions In
Nebraska is Involved In the appeal. The
question has never before been presented
to the . Nebraska supreme oourt, the only
authorities or precedents coming from
some f the southern states.
ness entered Into by many persona for the
purpose of gain, and It Is Important that
the status of such evidence be defined by
our courts. As no northern and but two
of the southern states have passed upon
the question we can be enlightened but lit
tle by precedent, but In the ruling of the
court of the last retort In a northern
state will be established.
Argament for Aeeased.
" tside from the aversion that one must
have that a citizen should be deprived of
the life and liberty through the action of
dumb brutes, handled and manipulated by
one skilled In handling them for the sole
purpose of gain and whose remuneration
and profits depended upon securing the
conviction of some person whom his dogs
have trailed, we also meet the constitu
tional provision, 'that In all criminal prose
cutions the accused shall have the right
to meet the witnesses against him face
to face.'
"Is a dog to be placed In a more favored
class than the most Intelligent human be
ing? Is he to be permitted to give evi
dence securing the conviction, of a dozen
citizens without appearing In court, meet
ing the defendant face to face, subjecting
himself to cross-examination, submitting
himself to the penalties of perjury, and
with no accountability to either man or
God?
"Writers of fiction and romance," It Is
argued, "have woven about the bloodhound
a web of superstitious belief in his wonder
ful attainments, and unerring. If not Infal
lible power. The bloodhound of fiction
and mythology has Imparted his reputation
to the bloodhound of commerce. This rep
utation Is enhanced and maintained by the
wonderful stories of the feats of these
dogs, as told by their owners and trainers,
which have no foundation In fact, and are
frequently and usually manufactured to
enable them to build up profitable busl
ness."
Prospecting; for Coal.
uown at Dunbar they bare formed a
company to prospect for coal and oil in
Otoe county, articles of Incorporation for
which wert filed at the state house' today.
It has an authorized capital stock of 500,000
and Its incorporators are J. B. Llchten-
wallner, Thomas Murray, Henry W. Kruse,
John C. Walker. John A, Dunbar, T. H.
Dunbar, r. R. Roos, C. J. Mullls, A. G.
Hamilton, H. P. Anderson. C. F. Collins, F.
Haschenburger, A. Waller, Herman Arenas,
Charles Marshall and William Hayward.
Among this list win be recognised some of
the financially strong men of the vicinity
disproving government crop reports recently
sent out by the Agricultural department
wherein the quality and quantity of the
Nebraska crop of grain is, according to his
notion, materially underestimated. Ills as
sistant. Mr. Deapain, will go out over the
Burlington on a similar mission, Mr. Bush
going over the Elkhorn. They will meet at
Alllarve and both return In about a week
over the Billings line of the Burlington On
the way they will punch up a number of
county clerks who have been backward
about sending ,'n their crop statistics.
Thomas B. Baldwin of Council Bluffs, spe
cial agent of the Agricultural department
in the collection of crop statistics In Ne
braska. Iowa, Kansas and the Dakota,
ns In Lincoln today and called at the
office of the deputy labor commissioner to
discuss the crops.
Governor Mickey left today to attend the
national meeting of Epworth leaguers at
Detroit, at which he will be one of the
speakers. He will be absent until Monday.
H. C. Wheeler, formerly of Odebolt, la.,
and In 1891 the unsuccessful republican
candidate for governor against Horace
Boles, was In Lincoln today and called at
the state ofTlces. He Is now a resident of
Beaumont, Tex.
Congregational Schools
The Congregatlonallsts of Nebraska have
been building up a system of schools, con
sisting of one college Doane' at Crete, with
Its academy, and four other academies, one
In each quarter of the state, Chadron,
Franklin. Gates (at Nellgh) and Weeping
Water. Five hundred and fifty-one stu
dents were enrolled In the tout academies
In 1902-03. which with the 189 students in
Doane, make a total of 740 students In the
Congregational schools of the state.
These academies prepare teachers for
the public schools, and young people for
college, and afford liberal culture to many
others who go forth as Christians to be the
seed and strength of home missionary
churches.
January L 1902, an academy endowment
committee was organized to assist In rats'
Ing funds to pay debts and current ex
penses and provide an endowment fund of
$36,000 for each of the four academies.
June 30, 1903, reports show the receipt of
$31,138 cash and J7.776 1n pledges; total $38,
914. Twelve months, or till June 0, 1904,
remain In which to complete the canvass.
The chairman of the committee. Rev. G.
W. Mitchell, box 1430. Lincoln, Neb., will be
glad to give Information and to receive con
tributions.
Buy Nanea County Bonds.
The State Board of Educational Lands
TONIGHT
EACH
The Bie Show Opens for its
8 Days' Engagement at
GOURTLAND B
Jabour's Circus and Spectacle.
200 People.
50 in Chorus.
TONIGHT
4r ,
SPECIAL TRAIN 17 CARS
Cost Thousands
to Prepare for8 It.
3
Bands of Music.
EVERY Af TERNOON AND NIGHT. RAIN OR SHINE.
f '-'.It ? , .. ?
The Most Brilliant and
Magnificent Display of
Fireworks Nightly ever
seen in the west.
S500 BURNED UP NIGHTLY
15 of the Highest-priced
Acts in the Circns Profession.
The 100
the Beach
Features of
in Addition.
M'LLE. ROSE BDTTHB.
Premier Danseuse.
No Extra Charge.
I SEE THE BIO SHOW! THEN GET INTO A BATHING SUIT
HEAVY RAINS OVER STATE
In Bom Places 8torm i Violent and Much
T' - Damage is Dune.
WOMAN KILLED BY LIGHTNING AT CURTIS
Bab She "Was Holding- in Her Arms
Escapes with Sllicht Braises
Great Benefit to Crops in
Most Sections.
of Dunbar. Thomas Murray being cashier nd fund' toiaf directed Treasurer Mor
of a bank In that town. It Is proposed to tensen to buy mm of an 8SU0 of 0
devote a considerable sum to a thorough ot N,nce county bridge bonds upon their
Investigation of the probability of coal or "pproTal by tha a"orney general. The lat
oil being found In that section.
ter Is a mere formality. The purchase Is
It Is stated In connection with this pro- mda upon a basU that wiH alIow the taU
Ject that twentv vear. , . nel Per cent The board turned down
elghteen-lnch vein of coal was uncovered
there In a big cut made by the Midland
Paclflo road. It was mined and was con
sumed not only by many peopl. still resi
dent there, but was also used by the rall-
roaa company until the vein ran out
wmie it was not a very good Quality of
fuel, the fact that It existed In quantities J
mat paw for mining It has ever since led
many to believe that It was simply an out-N cierk hire In excess of the fees ot the office,
the proposition wherein W. E. Barkley
sought to sell it 150.000 of S per cent South
Carolina state bonds.
Ei-Tremrtr Objects.
Ex-Treasurer George W. Maurer of Gage
county has filed in the supreme court a pe
tition In error in th. suit brought against
him by the county to recover tome U.325
paid by him during two terms of office for
cropping of a ledge from which !t rvi been
uiunen ana mat mere must be ru. re In
that Immediate vicinity.
Vandals Desecrating- Foantaln.
The local police' are vowing vengeance
upon the heads of the vandals who have
beep dismantling the handsome fountain
erected by D. K. Thompson on the Elev
enth street boulevard just west of the
capitoL The large central figure repre
sents Neptune bearing a trident, while on
the outer circle la a series of water nymphs,
These figures are In bronxe and 'the metal
la of such valu. a. to offer an inducement
to miscreants to' batter off the extremities
of the figures, with the evident purpose ot
selling me plunder thus obtained as Junk.
The police have been unable so far to put
a stop to the practice, although keeping a
laitniui watch. The fountain was a rift
to the city from Mr. Thompson, who Is now
United States minister to Brazil, and was
erected at a cost to him of several thou
sand dollars,
Another questionable use to which the
fountain has been put Is that It has been
converted Into a wading pool for youths of
iquatio propensities, and In a number of
Instances boys are reported to have been
punished bv their mora muscular comrade.
by being ducked In the fountain. Even the
fair sex is held oulpab!. of misusing the
The suit was brought In th. form of an ap
plication for a writ of mandamus ' and
Judge Letton commanded him "to pay th.
money back. He claims that the county
had an adequate remedy at law without
resort to extraordinary proceedings In
equity.
All Ready for Chautanqna.
DAVID CITY. Neb., July 17.-(Speclal.)-
Th. third annual session of the David City
Chautauqua assembly commences In this
city tomorrow evening. Managers Williams
and Gates say that the advanced sale of
picket far exceeds that of any previous
session. Z. T. Ftndley,- who has chtfrge of
the grounds reports that the order ' for
tents Is about double what it was last year,
Platform Manager Rev. H. It Harmon
of Columbus, Ind., who had charge of pro
curing the talent and arranging the pro
gram, has arrived. Some of the talent who
will be here during the entire session of the
assembly arrived today.
Orgmnise Onltnre Clnb
EDGAR. Neb., July 17. (8peclal.) The
young people of Edgar have organized
culture club, with about 100 registered
patrons. A commodious, four-room build
ing has been leased and a permanent or
gantxatlon effected and all officers elected.
. I VV . n Ka... IDA .1 m ha. Uaah
fn..nt.ln . . T .
.. ., . w uii women oeinir I mi ..j . .nu. n( ih.
V "7 . P1 on Mn and da,,y PP vlu always be
banter at the dead of night, removed shoe. found on the tables. There will be also a
BOOUt in U. DOOl for I -sis. .. .11 will X.
g. ( I , ... - 1 VIIIHHIUIU MN a vv.h ava rw ... W
,c",a la" m'""1" 7",le lnelr nala corU "tood throWn open to the pubUo free, August J.
sfcf the commission of three burglaries in I by and held the watch to Innnr. I V
f JVemaha county and was sentenced to the ful performance of the contract. 1 Reward Is Increased.
I J"---'"-"w years, crow Bdlnool Baak P. m.u mtrnt rnil M.h Jul- IT (Bnoll .
iucuh, 1 rA MWivni " '-' J a--w .
M. J. Holland, who has been r.iv' I The reward for the arrest of Ed Snod
the Bellwood bank, which waa wrecked by erass has been raised from ISO to f 1,000.
A. it. uouia, me cashier, baa declamd hi. I unoograss is mo man mmw iw enm-
first dividend of 6 per cent. Tha bank lnally assaulting Miss Glaaamann. He was
which did a largd business with the farmers released under tl.600 bond to- appear for
oi northern fcler county, failed in Jan- tr,al on Jul3r 8 ou appear, mis
uary. It 1. said that there art bondsmen. Arthur opearroan ana jonn
-tv
Is now in prison, but his attorneys have
appealed to th. higher court for a reversal
on th. ground that th. conviction was due
solely- to the Introduction of testimony
founded on the work of bloodhounds, It be
ing shown that 'the animals were placed
on th. scent th. morning following th. bur
glary, and in eaoh Instance went direct
from . u. scene or the crime to
Brott's house. Brott's attorneys de
clare la their brief that the prosecution
rested it. whole case on the conduct of
the dogs,- because of which., the brief avers.
the conviction was unjust and unconstitu
tional from th. fact that Brott was denied
the right to face his acousers In open court.
"In admitting, over the objection of the
defendant," they say, "the evidence of the
trailing by the dogs, the lower court took
a step contrary to our constitution and In-
eompaunie wim numan rights and our
present civilisation. In this money-making
age, when everything Is running to com
mercialism, the tilling of supposed crlrrf
Inala by bloodhounds has become a bual.
ABSOLUTE
SECURITY.
BBBBSnaatBBnt
Genuine
Garter's
Littie Liver Pills.
Hut Bar aignatuf
the
j rae wan, weaasae
I TsrrssnflsaaMen,
MItMisa
CAIfllRS
u 3nrt
MM
A --'LI
rCX DUZIKCU.
rci tiusssms.
reiTtspiDUYtx
ft. CCUTIf ATICS.
rsi tJLiicw tut.
rcimcsBruitti
assets remaining In the bank, but they are
of doubtful value. The small alia of th.
dividend demonstrates the skill of Gould as
a bank wrecker. He forged paper for eleven
years, and the bank, when the receiver took
it, was touna to be filled with such col
lateral. Gould Is now serving an eight
year term In the penitentiary.
The Farmere1 bank of Custer countv
Broken Bow Institution, which failed more
than a ear ago, has paid a dividend of
7H per cent, the last payment having been
made a few weeks ago.
Aleck Mclntyre holds the record for re
ceivers. He was appointed to take charge
of the affairs of the C. A. Sweet bank .
Palmyra, which failed. more than a year
ago, and recently he declared the final
dividend, after having saved more than
IU.000 out of th. W.00O owing to creditor.
About thirty banks are In the hands of re
ceivers throughout th. state, but the most
or mem are len-over failure. trnm
"panicky" times of the early lo-s.
Fees ( Baak Examiners.
Te state treasury received Its first fee
for bank examinations under the new law
this morning. The last legislature enacted
a law fixing the salaries of bank examiners
at fl.tino and requires them to turn all fees
I Into the state treasury. .The fee was paid
by the Frenchman Valley bank of Palisade.
The bank examiners hitherto have' been al
lowed all fees up to 12,000 a year. It is said
that the fees rarely went abov. that furure
secretary Koyse of the banking board la of
the opinion that the examiners scarcely
ever cleared the full amount allowed under
the law.
Challls Liven In Lincoln.
Henry Challls. the Denver bartender held
on th. charge of strangling Mabel Brown
a short time ago. Is known to a number of
the old Burlington trainmen. eaDedallv
those running into Lincoln on the southern
division. About six year, ago Challls was
a brakeman on the Burlington and made a
number of trips Into this city. He was as
signed to tha freight service. Hs was quite
a boyish-looking fellow and waa well liked
by his associates. He spent something Ilk.
a year as a brakeman on the southern divi
sion, several of his former anaacla.ta
not heard a word front him since he left
the employ of the road until they read an
account of hla arreat In the Denver din.
patches on th. charge of murder.
Inspecting; Nebraska Croaa.
Deputy Labor Commissioner Bush leaves
tomorrow for Crawford and intermediate
points to tnspeot th flalda with a rtW of
of here, seised Mrs. Laeptlne, bound her
hands and feet and gagged her, after
which he robbed the house and fled. It la
not known how much he secured. The
children had taken lunch to Mr. Laeptlne
In the field and when they returned they
released their mother. The assailant was
a man of middle age, light mustache, gray
clothes and weighed about lfiO pounds.
Sheriff McEvoy went to the scene last
night and commenced a hunt for the man.
Different towns have been notified and it
Is thought the fellow will be captured
soon.
CURTIS. Neb.. July 17. (Special Tele
gram.) During a violent thunderstorm laBt
evonlng Mrs. John Peters, wife of a farmer
living about six miles southeast of Curtis,
was struck and Instantly killed by light
ning which entered the house through the
sod wall near the eaves, striking Mrs. Peters
between the shoulders. A little baby held
by Mrs. Peters escaped with slight bruises.
KEARNEY, Neb., July 17. (.special xeie-
gram.) The storm last night waa very
severe in . this section, two and a fourth
inches of rain falling, accompanied by
hoavy wind, which did more or leas damage
to trees and outhouses. The corn was
broken down, oats and wheat were badly
damaged. Farmers will be put to consid
erable inconvenience cutting grain, but ac
tual loss will be small.
Heavy Rain. In Cass.
PLATTSMOUTH, Neb., July 17. (Special.)
A heavy electrical storm, accompanied by
heavy downpour of rain, visited this
vicinity last night. The rain was of much
benefit to the growing . crops and vegeta
tion of all kinds.
Great n.lp to Corn.
SCHUYLER.' Nab:.". July 17.-(Speclal.)
Two Inches of, rain 1 feR here last night
after midnight, and Indications were that
It was much more thanlocal In character..
This will- be much appreciated, as In the
east central portion of " the county there
was great peed of rain. Utile having fallen
since th. excessive fall in the spring.
While considerable damage will result to
small grain, especially uncut wheat. It Is
superb for corn, almost certainly Insuring
the crop. Corn has made such wonderful
progress during the last three weeks that
many talk of there being as much corn as
ever, but this cannot be, as there are hun
dreds of acres but barely large enough
now to plow.
ST. PAUL, Neb., July 17. (Special.)
Another violent windstorm, accompanied by
fierce thunder, lightning and rain, paused
over her. shortly after midnight. Reports
received this morning indicate that the
storm was-general over Howard county.
Act ' on Ditch Petitions.
FREMONT, Neb., July 17. (Special-
The county board has been working on
dl'rh propositions so far this week. The
petition of M. J. Lor kins and others for a
ditch In the southeast part of XUkhorn
township was allowed and the Hlnman
ditch in the northern part of the township
ordered cleaned and enlarged. Action has
not yet been taken on several other propo
sitions before the board. A bill of th.
Standard Cattl. company for 11,000 for
cleaning out the main cut-off ditch has
been on file for over a year. A motion to
allow It at (300 waa defeated, as waa a
motion to disallow It. It is claimed by the
opponents of the bill that the company was
never employed to do the work. t
SMOKING CAUSE OF DEATH
Victim I.ivee, However, to Bo Eighty
Nine Years Old In
gplte of It.
KALAMAZOO. Mich, July 17. William
Patterson of this city Is dead in his 80th
year as the result of excessive use of
tobacco.
His tobacconist, from whom he bought
exclusively, gave out the statement, after
his death had been made public, that in
twelve years Mr. Patterson smoked more
than 48,000 cigars, which cost him 4,800.
In early life he was an even more con
stant smoker than In his declining years,
and local cigar men estimate that In the
last twenty years of his life he had .-noked
100,000 of bis favorlto brand, which would
cost him $10,000.
Mr. Patterson was a pioneer stage coach
man of the middle west, having established
the first stage line between St. Paul and
8t. Anthony, Minn., along the bank of the
Mississippi river.
He also established the first stage line
between Grand Rapids, Mich., and this
city.
Try for New Court Haase.
WAHOO, Neb., July 17. (Special.) A
proposition for a new court house In
Saunders county Is to be submitted to the
voters on Thursday, August 13. A
special election has been called by
the Board of County Commission
ers. The present building is a large
wooden structure and the valuable records
axe liable to be destroyed in case of fire,
as the vaults are not fireproof. The county
haa for years been paying out rental for
offices for the county court, county at
torney and county superintendents, aa there
is rio room, at the present oourt house. The
bonds are for $86,000.
Divide Lighting; Contract.
NORFOLK. Neb., July 17. (Special.) The
city council last i.lght accepted the lighting
propositions of the Norfolk Electric -Light
company and of the Norfolk Gas and Fuel
company for street lights and the entire
city will be Illuminated Saturday night for
the first time in its life. Many sro lights
will be used in the business district and
gas lamps will disperse the darkness in
the residence portions. This is the end of
long war that haa been a prominent
question in municipal politics for many
years.
Bnodgrass, paid the bond, but a few mln
utes later withdrew it Suit has been
brought against the bondsmen by Sarpy
county to recover the amount.
Oharaed with Beating; HI Wife.
BEATRICE, Neb., July 17. (Special.)
. S. Moose, a barber, was taken in charge
by th. officers last night on a charge of
beating hla wife and lodged in the county
Jail. Ha waa arraigned in county court
yesterday and plead not guilty. His pre-.
Umlnary healing was set for today at 9
o'clock and hla bond waa fixed at $200. In
default thereof he was remanded back to
Jail. Moose is addicted to the use of
morphine and is said to be quarrelsome at
times.
. Barn is track by Lightning.
TEKAMAH, ' Neb., July 17.-(Specla!.)
A barn belonging to Bert Breed, living one
and a half miles northwest of Tekamah,
waa struck by lightning this morning. Two
horses were killed and Breed, who was In
the barn, waa knocked down and rendered
unconscious for some time. The barn was
set on fire, but on account of the heavy
downpour of rain and prompt action of
ether parties present the fire was put out
without serious damage to the building.
Vote on School Bonds.
WAHOO, Neb., July 17. (Special. )-A.t a
recent meeting of th. Board of Education
Of th. city of Wahoo It was decided to
bold a special election for the purpose of
voting bonds to the amount of $8.0CJ for the
erection of a school building in the west
ward of this city. The election Is to be
held Wednesday, August a. The present
school building is a frame structure and
la too small.
Damage to . Small Grain.
S HELTON, Neb., July ,17. (Special.)
This section . waa visited between
11 and S o'clock last night by the
worst wind, rain and electric storm
of the season. Four Inches of water
fell, and the wind blew all crops flat
to the ground. Many limbs were blown
off the trees, and some damage to build
ings. Corn will straighten up, but
small grain will be damaged consider
able. Harvesting la Just commencing and
the heavy rain coming at this time will
delay the work several days and will result
In quite a loss in many fields..
FREMONT, Neb., July 17. (Special.) A
severe thunderstorm . passed over thil
vicinity about . 2 o'clock this morning,
Lightning struck the west side school
building, running down tha flag staff and
damaging the roof considerably. Large
branches were blown oft trees In all parts
of th. city. Three young men who room In
a business block and to escape the Intense
) heat of the night, were sleeping on the
grass in the park, had a narrow escape, a
tree under which they were sleeping being
blown down. A derrick belonging to Morse
& Neman, at their sand pit west of the
city, was blown over onto the railroad
tracks. It waa one of the hardest storms
of th. season. About three-fourths of an
inch of rain fell.
DAVID CITY, Neb., July 17.-(Speclal.)
One of the hot viest rainstorms ever wit
ncssea nere, accompanied" with a strong
wind, passed over this city about 1 o'clock
this morning. Fully two Inches of rain
leu. imo reports hav. com. In from the
county yet, but It is generally believed that
th. small grain that has not been cut Is
damaged considerably by being blown
down.
Heavy Rain nt Rashvllla.
RUSHVILLE. Neb., July 17. (8peclal Tel
egram.) Heavy rains last night have In
jured the track between here and Hay
Springs. Passengers had to be unloaded
here. Lightning struck the town telephone
system and tbe central office is knocked
out.
Iron for Federal Building;.
NORFOLK. Neb., July 17. (Speclal.)-The
Iron columns for which officials at the gov
ernment building have so long waited are
her. at last Work will b. Immediately
pushed and within three weeks' time, ac
cording to Superintendent Williams, the
second story will rise heavenward. A big
force of men were set at work today.
Brakeman Haa Hand Crashed.
BEATRICE. Neb.. July 17. (Special.)
. A. Curtin, a brakeman on the Rock
Island road, had his right hand smashed
while coupling cars in the yards her.
yesterday. Dr. Bradley, the company phy
sician, dressed the young man's wounds
and h. wa. sent to hla horn, at Horton,
Kan.
Bnrned by Gasoline.
FAIRBURY. Neb., July 17.-(8peclal.
Mrs. Howard, wife of the engineer of the
steam laundry, attempted to fill the tank
of a gasoline atov. while It was burning.
An axploelon followed and Mrs. Howard
managed to thro-r th. burning stove out
doors, but waa seriously burned while do-
lag ao.
gome Oppose Pavlag.
YORK, Neb.. July 17.-(Speclal.) The
paving committee has selected committees
to circulate petitions which have b'en
drawn up for signatures by property own
ers owning abutting property on streat
proposed to be paved. Th. committee Is
finding several surprises. Owners of abut
ting property whom they thought aurely
would favor paving refuse to sign and are
making a campaign agalnat paving, and
those having property who have not al
waya been Identified, with Improving and
promoting Interests for the general good
of th. city are signing th. petition. After
the petition is circulated there will be
general petition clrculuated for all real as
tat. owners In the city to ascertain the
general wishes of property owners of York.
Printers' home. He was well known aa a
newspaper man ot Milwaukee, St Louis and
Chicago.
Charles Berrlck.
. BUFFALO, N. Y., July 17. Charles Ber
rlck, a millionaire contractor and builder of
this city, is dead from a surgical operation.
DEATH RECORD.
Charter for Eagles' Lodge.
NORFOLK. Neb.. July 17. (Special) The
charter for Norfolk's aerie of the Fraternal
Order of Eagles arrived yesterday from
Seattle and the lodge held a special meet
ing tonight for the receiving of the docu
ment. The order has a large membership
and has been organised for several months,
running without the real charter.
Stock Yards for Fairbnry, .
FAIRBURY. Neb., July 17. (SpeolaL)
The Rock Island haa bought, twenty-two I
acres out of the Shearon farm west of the
city a id will build large stock yards and
establish a feeding station. The balanoe .
of the same farm haa been bought by the j
stock superintendent of the same road and
will be seeded down to alfalfa.
Held for Wife Beating.
BEATRICE, Neb.. July 17. (Special Tele
gram.) F. S. Moose, charged with whipping
his wife, had his preliminary hearing in
the county court today and was bound over
to the district court In the sum of KX, in
default of which he was sent to the county
Jail.
Bridge Gangs Go West.
NORFOLK, Neb., July 17. (Special.) All
bridge gangs of tha Northwestern com
pany in Norfolk were sent west at an
early hour this morning to help In repair
ing a long bridge near Hay Springs, which
was sent out by a severe waterspout last
night
Small Grain Good Crop.
DESHLER, Neb.. July 17. (Special.) The
wheat harvest la about completed. The crop
Is fine and owing to dry weather la well
taken care of. The corn crop la very back
ward and la bound to be a amall crop.
FIRE &C0RD.
' port Arthnr Hotel Destroyed.
BEAUMONT. Tex., July 17. Fire today
destroyed the Sabine hotel and auditorium
at Port Arthur. The buildings are the
property of the Port Arthur Town Sit. com'
pany. Tha loss la $100,000, partly insured.
Fire. la Denver.
DENVER. July 17. McPhea at McGIn
nlty'a paint, oil and glass warehouse at
Eighteenth and Waxes streets burned to.
day. Loss estimated at $300,000; covered by
Insurance.
Mrs. William Songster.
EXETER, Neb., July 17. (Special.) Mrs.
William Songster, who lives south of town
a few miles, died very suddenly yesterday
morning at her home. She had not been
strong, but was preparing as usual to rise
and dress with the family. She was sitting
on th. edge of the bed and asked her niece
who was with her to bring her a glass of
water before she dressed. Th. girt brought
it and left . the . rocun . again to attend to
breakfast Finally, hearing no sound and
thinking that it took her aunt an uncom
monly long time to dress, the girl went to
the bedroom door .and found Mrs. Songster
still sitting ln the same position on the
edits of the bed. Alarmed, she called Mr.
Songster, who Immediately upon seeing his
wife knew that she. was dead. The funeral
will be at 2 o'clock at the Baptist church
Saturday afternoon.
William Bllnoow.
M'COOL JUNCTION, Neb., July 17.
(Cpecial.) Word has been received of the
death of William Blincow, a former pioneer
farmer of south York county, who was well
and favorably known In the early days of
the settlement of this county and who waa
honored by official positions during his
residence here. The deceased rendered aa-
slsltance In the organization of this county
and owns a large tract'of land on the Blue
river east of here. About ten years ago he
with his family moved to northwestern
Kansas and ehortly after his resldenoe
ik.r. ha was elected county Judge and
served continuously. Two eons of the de
ceased live In this county. Mr. Fred BUn
cow Uvea six miles east of McCool.
Fred Welirbeln.
PLATTSMOUTH, Neb., July 17. (Special.)
Fred Wehrbnln, 65 years of age, died at his
home six miles west of Plattsmouth, after
a short illness. The funeral services were
held at the residence of the family this
afternoon and Interment waa In Oak Hill
cemetery- The deceased had resided in this
county for thirty-one years. He leavea
wife and five children, on. being Mra
August Gorder of this city.
William Kltke.
NORFOLK. Neb., July 17. (Special.)
William Kltke of thla city died yesterday
from typhoid fever . and the funeral was
held this afternoon. A pitiable condition ot
affairs exists at the home. The wife has
benn bedfast for three years and was un
able to attend th. funeral, th. father is
paralyzed, an aged mother lives at the
home and there are five little children. '
Mrs. Ellen Morrison.
BEATRICE. Neb., July 17. (Special.)
Mrs. Ellen Morrison, wife of J. L. Mor
rison, died at her home in this city yester
day afternoon after an illness of five
months, aged 66 yeara. She had been a resi
dent of Beatrice for twenty yeara Besides
her husband she leaves a family of tour
children. Th. funeral waa held today at
11 o'clock.
John B. Kendle.
HASTINGS, Neb., July 17. (Special Tele
gram.) John B. Keadle died today of can
cer of the stomach. Funeral services will
be held Sunday afternoon. Five thousand
dollar of his money, it la said, has been
bequeathed to the young women who has
been his housekeeper.
Albert Claanpltt.
BEATRICE. Neb., July 17.-6peclal.)
Albert Clampttt died at th. horn, of his
son, C. C. Clarapltt, five miles southeast of
the city yesterday. He waa 79 years of age
and hla death waa caused from peritonitis.
Th. remains were taken to Falrbury today
for Interment
k .Dead at Printer's Home.
COLORADO SPRINGS, Colo.. July 17.-
Jaraes A. Boyd, aged 72. is dead at th.
BIG LAND CONTEST SETTLED
Government Geta Coal Ratea for Land
Entered ns Stone and Tlm
hep Locations.
PUEBLO, Colo., July 17. By th. compro
mise of the largest land congest ever in th.
United States land office In this city, the
United States government will be paid
many thousands of dollars for several thou
sand acres of valuable coal land in Las
Animas county that had been entered aa
timber and atone locations and under other
acts.
Although nominally the contests were be
tween private parties, it waa In reality a
fight between the Colorado Fuel and Iron
comiany and the Victor Coal company on
one side and the Union Fuel and Iron
company on ther other. Other proceedings
that have been Instituted have been discon
tinued and representatives of both corpo
rations are buying fiom the government at
coal land rates, $20 per acre.
Moat of the land In questloa has been en
tered at $2.50 per acre.
May Foreclose Mortgage.
NEW YciRK. July 17 Judge Klrknatrlck.
sitting In the United States district court,
signed an order on application of counsel
representing the Mercantile TruBt company
of New York, permitting that corporation
to foreclose the $16,000,000 mortgage of the
United States Ship Building company held
bv It as trustee for bondholders. The petl-'
tlnn read to the court sets forth the do-
fault In payment of the Interest charges due
early in July. r..e petition may oe niea
with any United States district court and
day will men d nxea ior argument ny
counsel for -and against the allowance of
the foreclosure. Recelver.'James Smith, Jr.,
will oppose the suit.
The only popular-priced cafe in Omaha
supplying fish, steaks and the best In town
at reasonable prices. Blue Kibbon cale,
115 Farnam street '
FORECAST OF THE WEATHER
Fair Today amd Tomorrow,
Warmer In Nebraska oa
Sunday. .
with
I Gag;. Woman and Hebe Hease.
PAPILLION, Neb., July 17. (Special.)
Yesterday afternoon a tramp entered the
home f August Laeptlne, five mile west
Marries Servian Prtnee.
NEW YORK, July 17. Information haa
baan received here of the marrlaae of Bar
om-sa de Vrlere, only daughter of the late
Hevward Cutting, to Waldemlr at conatan
tlnovlch. s Servian prince. The wedding
took place In London. The groom Is said to
be a distant relative of th. lat. King Alex
ander.
WASHINGTON, July 17. Forecast:
For Nebraska and South Dakota Fair
Saturday; fair, rising temperature Sunday.
For Iowa Fair Saturday and Sunday.
For Illinois Fair In north, showers and
cooler In south and central portlona Satur
day. Sunday, fair, freah northwest winds.
For Kansas Showers and oooler Satur
day. Sunday, showers.
For Colorado and Wyoming Fair in west.
showers In east portion Saturday. Sunday,
fair, warm.
For Missouri Showers and cooler Satur
day. Sunday, fair, except showers In south
east portion.
For Montana Fair and warmer Saturday,
Sunday, fair, axc.pt showers in west por
tion. Local Record.
OFFICE OF THE WEATHER BUREAU.
OMAHA, Jnly 17. Official record of tem-
reratur. and precipitation compared With
he corresponding day of th. past three
years:
1903. 1902. 1901. 1900.
Maximum temperature.... 7 87 98 76
Minimum temperature.... M 66 78 66
Mean temperature 73 76 87 (6
Precipitation 73 .63 .00 .00
Record of temperature and precipitation
at Omaha for thla day and since March 1,
Normal temperature 74
Deficiency for the day $
Total excess since March 1 $7
Normal precipitation.., 15 Inch
Kxceas for the day 67 Inch
Total rainfall since March 1 13.20 lnchus
Deficiency since March 1 4.27 Inches
Deficiency for oor. period, 1902 68 inch
Deficiency for oor. period, 1901.... U SI inches
Report, from Stations at T P. M.
CONDITION OF THE
WEATHER.
Omaha, clear...
Valentine, clear
j-vwnii nan, clear......
I Cheyenne, raining
! Bait ijike city, clear
j Rapid City, cloudy...
Huron, oiear
I Willlnton, clear.
St. Liouls, clear
Ht. Paul. Dart cloudy
Davenport, part cloudy....
Kansas City, part cloudy..
! Havre, part cloudy
Helena, cloudy
i Bismarck, part oloudy
Galveston, part oloudy
'IP- I
a s g g
c : S
3 : g 8
':. :
i i :
75 79 .83
74 7 .00
74 7X ,00
6K '66 .01
7 In .00
6d 74 T
In ti T
74 74 .00
6i 7 .73
8x W T
74 76 T
74 7H .48
f2 U .00
74 80 .00
6K 74 T
72 74 .00
112 86 .00
T Indicates trce of preclnltatlon.
L. A- WELSH, Local Forecaster.
r
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