TI1E OMAITA DAILY HEE: TUESDAY, AUGUST 18. 1903.
LAW IS UNDER FIRE
JCadiaon Const? ArpesJ from Convic
tion f Iu Yio stion,
-------waBw-s
ASStRT THE flMS ARE EXCESSIVE
ftat Fair Maaagesaeat lrrt FmI
Uvely that ( rnrria, Kin at ta
Trotters, III Be Oit ( .
Its Attrartloaa.
(TTom a Btaff Correspondent.)
LINCOLN. Aug. 17 (Special.) B. B. Mc
Mahon and W. E. Htrrey of Madison
cotsnty and P. E. McKilljp of Flatte county
have filed a brief in tb supreme court In
which they attack the validly cf the sjats
game law. The ault was broueht to tha
supreme court by the roea to prevent -the
payment of 15 fine each for violating tba
(am law Ljr having; five quail In their pos
sess! on.
Plaintiffs In error contend that tha fines
imposed were not. aa required by the con
stitution, proportioned to the nature of tha
offense. The statute provides for a pen
alty of S3 for each bird found. In this
Instance five birds were found and the total
of the penalties Imposed was 175. Plaintiffs
insist that the statutory penalty of IS each
even la excessive, for a prairie chicken Is
tsever worth to exceed fL end In no eass
where the rule of law has been Invoked
by a legislature haa a penalty been fixed
at a greater proportion than three-fold the
carnage done.
It Is also urged that tha statute Is un
constitutional because It contains more
than one subject. It Is ef-atgnated as an
act to protect fish. came. song. Insectiv
orous snd other blrda The reason of the
constitutional Inhibition was to require
each proposed measure to stand upon ita
own merits, and to apprise members of the
legislature of the purpose of the act when
called upon to support or oppose It. but
perbsps the strongest reason for the con
stitutional Inhibition was to prohibit Join
ing of several measures In one act In order
to combine the friends or each In log-roll-!ng
for the bill aa a whole where probably
a majority could not be obtained In favor
, cf the different objects of the MIL
Creares to Be at State Fair.
The fact that a rumor has gained cur
rency over the state that Cresceua, the
trotting champion, will not appear in Lin-
coin at the state fair, has eausea me man
agement to aay that Cr earns will be here.
Tha rumor probably was started because
tha state fair management wanted one of
the provisions of the contract for bringing
the horse here to be that hs would not be
exhibited anywhere else la the state prior
to the state fair, and that the fact would
not be advertised prior to tba fair. This
provision the owner of the horse refused to
accept, conseijuently he was wired to the
effect that the provision would be knocked
out. Cresceus Is scheduled for an appear
ance In Omaha before tha Driving Park as
sociation during September. This, how
ever, will occur after the stati fair.
Caaagea la the Gaard.
Captain Lyons of Nelson has been elected
major of the First regiment and Captain
Phelpa of Schuyler major ef the Second
regiment. Captain Brooks of tha signal
corps haa been transferred to tha First
regiment, where he becomes the regimental
commissary. Elections have been ordered
to fill the vacancies. Adjutant General
Culver returned this afternoon from York
and stated the town would have everything
la readiness for tha encampment tha -Kth.
PUTTING UP FUSI0N TICKETS
All Does Sot Afttar Haurasealoas Be
t wee at tks Deaaoerets aat
Feaaltsta. q
FIERCE, Neb., Aug. TT. (Special.) Ths
democratic and populist parties held their
county conventions here Saturday. Bason
Turner was chosen chairman of tha popu
list convention and Eugene Austin sec ret -tary:
while Fred H. Free of Plain view
acted as chairman of the democratic con
vention and Albert Mag dan t secretary. In
the democratic convention a motion was
made that the chairman appoint a commit
tee to confer with the populists relative to
holding a Joint oonven'ion. This was op
posed by Barman Stelnkraua of Willow
Creek precinct, and when It came to a vote
the fustonlata won by a vote of a to 11
The chairman appointed Mr. Steinkraus aa
ona of the conferees, but Be declined and
left the hall disgusted, and would not re
turn. The populists took .kindly to the
fusion Idea and about 2 o'clock p. m. both
parties assembled In the opera house In
Joint convention. Haaon Turner acted as
chairman and Albert Uagda.cs and Eugene
Austin as secretaries. It waa expected that
there would be an Interesting contest over
the office of county clerk, aa both the deo-
tttlea of tha present incumbent were aa?
plrajtta for the office. The leaders of both
the populist and democratic parties In this
precinct were for Frank Pllger for that
offlea. and worked to that end all the aft
ernoon, but they could not at em the tide
that was coming I H. Lederer's way. They
sked Mr. Pllger to withdraw from the
race, promising hint the county supeiin
. tendentehlp. This he agreed to. When (he
convention came to tha office of clerk, and
It looked aa If he waa going to be noml
' Bated, Pllger arose and withdrew and asked
lon't Forget
THAT THE
S
Rl
STOCIC AT,
IB
II
"9
IS GOING ON BIGGER
THAN EVER
Selling at Unheard
of
PRICES
Easy terms. ifct grades
of Instruments.
Entire stock of Musical
Goods and Art Merchandise
included in the sale.
A. HOSPE GO,,
1513 1515 E3.SUS ST.
E c? An-fc
that Xderer withdraw also. This he de
clined to do. but remained In ths race and
won out- Mr. Fllrer waa nominated for
Superintendent. Put for clerk of district
court as a balm fer his wounded feelings
he was not dipoed to aeoept the office,
as it doesn't pay enough to pay a per
sen's board. One of the candidate for
the nomination of county assessor wsa
badly disappointed of the nomination. The
ticket nominated was ss follows: Treas
urer, Leor.ard Rchmlta of Plum Orore pre
cinct; clerk, 1 H. Lederer of Pierce pre
cinct: Judge. W. H. McDonald of Pierce
precinct: superintendent. Frank Pllger of
Pierce precinct; sheriff. . M. Jones of
Pierce percln-t; assessor, Frank Btrelow of
Iogan preclmt; clerk of district court.
Henry Raubach of South Branch precinct;
surveyor, August Uuebner of South Branch
precinct; commissioner. First district. Wil
liam Dedlow of Try Creek precinct. The
dele-ates comprising the Third commis
sioner's district decided to postpone their
convention for a couple of weeks.
TORK. Neb.. Aug. IT tSpeclsl.) A large
number of democrats of York county sre
freely expressing themselves that now is
the time for them to cut loose from the
fusionlsts and tbey believe that by cutting
loose at this time there will be a larger
number attracted to the democratic party.
In this week's Democrat a call was pub
lished for the democratic convention and
underneath a call of the people's party
convention to be held at the court house
at the same time, and an editorial In the
column adjoining appeals strongly for the
democrats of York county to stand up and
be counted. Although there may be a
fusion of the parties In this county between
democrats and populists, the leaders of
both parties, while seemingly sctlng as If
they favored fusion, may not vote fusion. I
OSCEOLA. Neb.. Aug. 17. (Special.)
Tba people's Independent party of Polk
county held their county convention on
Saturday, with C. C. Bennett of Stroms
flurg as chairman and Editor E. A. Wal
rath secretary. They elected fourteen del
egate to the state convention ana ins
same number to ths Judicial, and renomi
nated all the county officers, aa follows:
Clerk. J. W. Fill-nan; treasurer, Jud Hol
comb; sheriff, J. D. Hartman, clerk of
court, William Campbell; county Judge.
Fred H. Ball; superintendent of public In
struction. D. G Cole; county assessor, Al
bert M. Johnson.
The democrats held their county conven
tion at the' same hour, with Gurley Green
of Stromsburg as chairman and Colonel
George W. West as secretary. They
agreed that they did not care for the of
fices, only the coroner, and sent a delega
tion to the populist convention to express
their wishes, and so they gave them the
desired office by nominating Dr. Wood
ward of Shelby as coroner, and then the
drmocrata endorsed tha populist nomina
tion a.
DAKOTA CITY. Neb., Aug. 17. Special.)
A democratic mass convention waa ad
vertised to be held In the courthouse hail
In this place at 2 p. nv Saturday to select
delegstes to the state and Judicial conven
tions. Up to 4 o'clock the "masses" failed
to be In evidence, and seven lonesome dem
ocrat a. five from St. Jobn'a precinct, one
from Covington, and one from Dakota, as
sembled at the law office of County Attorn
cey J. J. McAllister and, behind closed
doors and drawn window curtains, selected
the following delegates to attend conven
tions as follows: i
State William Morgan, W. T. Bartlett,
Mike Hynea, Nels Anderson, Tbomaa Aah
ford and Fred Schriever.
Judicial J. 3. McAllister, Joseph Clem
ents, John Dug ran. Daniel Hartnett,
Thomas Sullivan, John 3. Ryan and Samuel
Brown.
The data for holding the county conven
tion to nominate a county ticket waa set
for September a, to be bold at South Sioux
City at 18.J0 a- m.
FULLERTON. Nab, Aug. 17. (Special.)
The people's party Saturday met in dele-
gats convention and nominated tha follow
ing ticket: Sheriff, T. J.'Mlnor of Fuller
ton township; county clerk. Nelse Jensen
of Council Creek; treasurer, L A. Nile of
Newman; county superintendent, Mrs. Ella
E. 3. S. Pa ton of Fullerton; county Judge,
Albert Thompson of FrlVerton; assessor, 8.
J. Ellis of Genoa; coroner. Dr. H. E. Kin
yon of Fullerton. While the If pullsts
were in session at the courthouse the dem
ocrats of the county, to wit: Albert Thomp
son. Sam Stentevant and Bill Crawford,
held 'heir county convention In the office
of Mr. Thompson, and when Lotlfled of
the action of the populist party by a unan
imous vote endorsed the ticket nominated
by the populist. After passing the usual
democratic resolution that the country waa
going to hades un-.er republican rule, both
convections adjourned.
BLOW FROM FIST IS FATAL
Draakta Qmarrel Bet wee ai Two Mrs
Besalts la at ratal
Tragedy.
HARTIXGTON. Neb.. Aug. 17. (Special
Telegram.) Aa the result of a drunken
spree and a quarrel early yesterday morn
ing. Charles Balllet la dead mud Alex Blair,
his stepson, la In the Hartlngton Jail, by
bis own confession charged with ths crime.
The murder recurred three miles north
west of EL Helens, at -the home of tha
murdered man. The verdict of the coro
ner's Jury yesterday afternoon was that
Charles Balllet came to his death by a
blew from the fist of Alex Blair.
Blair made no effort to escape and was
arrested and brought to Hartlngton by
Coroner Relfert- Balllet waa about CO years
old and leaves a wife and several children.
Blair la unmarried.
FATAL FALL DOWN STAIRS
Xearaaka City Weaaaa rractares
' tkall aad la la Critical
Ceadltlea.
NEBRASKA CTTT. Neb.. Aug. 17 (Sp-x-lil
Telegram.) Mrs. Sarah Riley early today
fell down-stair at her home in thia city
and received a fracture of the skull,
which la thought by her physician will
prove fatal, owing to her adraaoed age.
lea Haati for His Father.
FLATT8MOVTH. Neb.. Aug. IT (Spe
cial Chief ef Police R W. Hlers re
ceived a telephone meesai-e yesterday from
M.ks Tonyack at Ewlng aaking for infor
mation as to the whereabouts of his father,
and offering to send money to pay his ex
pense. He., to his home there. He read
in Tha Bee a few days ago that Ma father
had arrived in this county from "Boia. 111.,
searching for his sons. The senior Tonyack
ia H yeara ef age, and waa In destitute
circumstance when be paaaed through this
city to Union.
Boy Dtea of Lockjaw.
KORPOLK. Neb.. Aug. IT. (Special.)
Tha 7-year-old soa f a farmer named
Utile, living near Hadar. died yesterday
morning from lockjaw. The convulsions
were caused by stepping vpoa a stubble in
the Srld twelve days ago. Since then the
Utile fe'.fw had become apparently well,
but cold set la and the nerve were so
affected that be could not be aaved. He
had suffered from the convulsion twenty
four hours before a physician waa sum
moned. Boys Acwtdeatally ghat.
BELGRADE. Neb.. Aug. 17. (Special)
Today, while carelessly handling a gun.
John Wolf, a lad of 12. waa shot through
the f oot and Fred Harris of Omaha, a lad
of li. who was vl tiling, received the charge
of shot la Ms leg and boia boys are la a
preoarious oocditiosv
JUDICIAL TICKETS NAMED
Bojd KcraiaateJ at Forfait, ii EftettMj
Minntei E'iri Time.
LITTLE WARMER FIGHT ON AT BEATRICE
A. R. Bakeoek, of Beatrice aad C F.
Reaves ef Falls City Are Kaaaed
la Iks First District, stall
Wlthdrawlag.
NORFOLK. Neb.. Aug. IT. (Special.)
Harmony and Judge J. F. Boyd prevailed
at the republican Jjdlclal convention held
at the city hall this morning. It took Just
eiactly seventeen minutes to open the con
vention, attend to the credentials, nomi
nate the Judge, and adjourn. Judge Boyd
has served during the art term, and has
given excellent sstiafaction. Two years
ago, wh he wa nominated, the chances
for election were not nearly o good as
they are today. He made a strong fight
then, howerer, and stated In a speech
this morning that he would begin Just as
aggressive a campaign for this year. He
named M. D. Trier of Norfolk as chairman
cf the Judicial rotnmlttee, and the others
are: Antelope. N. D. Jsckson; Knox. W.
D. Furke; Pierce. Joseph A- Williams;
Madison, I. Powers; Wayne. A. A. Welch.
A largs number of the sixty-five delegate
present left the city at noon for the state
convention In Lincoln. The meeting wa
called to order at 11 by Chairman Jackson.
Oeorge Boyd was secretary.
Judge John B. Barnes, accompanied by a
host of his followers and rtaunrh tdmir
era, left Norfolk today for the republican
state convention in Lincoln, and are con
fident of returning with the nomination
for supreme Judge. The Judge and W. N.
H use went this morning to open head
quartera, and a great many followed at
noon.
ALBION, Neb.. Aug. 17.-Special. The
following ia a correct list of the delegates
to the Judicial convention: M. B. Thomp
son, O. M. Needham, F. D. Williams, 11.
C. Van. L. V. Graves, E. L. Sargent, C.
C. Goodrich, W. J. Cain. Lon Tuttle, F.
Jouvenat, O. F. Plum, O. P. Lewis, and
C. E. Spear. Hon. J. A- Price of this
county Is a candidate for the Judgeship and
wIU receive the delegation.
Otoe for Jeaaeav.
STRACt'SE. Neb, Aug. 17. (Special Tel
egramsThe Otoe county republican con
vention was held In this city todsy and
wa marked by ita harmony snd enthusi
asm. The attendance was ?arge, tach pre
cinct having a full repreeentatlon. Hon.
R. W. Joies of Iunar was made chair
man and in assuming tre gavel made a
short speech of great force which was
greeted with vigorous applause. Jn the se
lection of a county ticket the following
candidates were made: .For clerk of the
district court, A. E. Chaffee of Syracuse;
county clerk, Frank P. Raselton of Doug
las; county treasurer, the present Incum
bent, R. W. Kelly, was renominated by ac
clamation: county Judge, M. C. Joyce of
Syracuse, by acclamation superintendent
of schools, present Incumbent, K. C. King,
by acclamation; county commissioner, to
be elected by the county at large, L. E.
Jones cf Palmyra ; for county surveyor, so
nomination wa made; county assessor.
Grant Zlmmers of Wyoming precinct, by ac
clamation. The ticket la an exceptionally
strong one and will receive the enthusiastic
support of the republicans of the county
Resolution were adopted commending tha
administration. Twenty ' delegates were
elected to attend the state convention, aa
follows: Jack Farley. F. C. Nicholson. O.
A. Kimmell. F. McCartney, Patrick Roddy.
Henry Brandt. W. H. Ehlera. J. O. Moore,
3. H. ArenAa. A- M. Morgan. R. W. W.
J one. Marshall Harrison, 8. M. lessen.
Tbomaa Mead. H. Arends. John Frericha.
D. C Beyote. W. Q. Heather. Charles Mar
shall, E. F. Warren. In the selection of
delegates to the Second district JudiMal
convention" the privilege of selecting the
delegate wa unanimously conferred upon
Judge Paul Jeaaen of Nebraska Cl'.y and
the following list ha been announced by
him: William Hay ward. John W. Dixon.
Charles Seymour. R. W. Kelly, John W.
James. Henry Wlnklehaske, Corydon Rood,
Henry Wellenslck. William Ash ton. Job
Cassel. J. H. M cEachron, C. P. Webber.
John Dalton. W. 8. Els, William ?tambro,
William Ryder, E. B. fcoudders. Charles
Dorman, M. Barstler. Members of the new j
county central committee are E. Ervan. J. j
M. Taylor. Thomas F. Roddy, G. W. Me- i
Collum. L. A. Kropp. J. H. McEschron. 1
Omar Psap, E. Jones. J. R. McKee, i
James Hair. Frank Parker. J. H. Arends.
D. T. HIIL W. F. A ah ton. T. V. McCartney,
S. M. Jeson, A. TV Mr-Cam. R. Venne
man. Joel Eaton. John W. Norton. Henry !
Zahn. Mike Barstler. W. S. Eis. R. W. W.
Jones was elected chairman of the county
centra committee and W. H. PiUer secre
tary. Klaa: the .Favr.vtte.
OSCEOLA. Neb.. Aug. 17 rSpecial.)
The republicans '1 Polk county have Just
held their county convention, end It waa
the most rarmonloua convention ever held
in the eeunty. and almost every candi
date brought cut was almost unanimous '.)
nominated. Judge J. W. Snider waa tV presiding
-fneer, snd H. M. Vanderbllt waa the secre
tary. The following were nominated fnr
county offices in the erder named: T. H.
Saunders, clerk of crurt; Otto Kumraer,
county clerk; Liberty r.lsrk. eunty treas
urer; Henry Westring. sheriff; James Hon
ne. county Judge; Mrs. M. J. Conklln,
superintendent of sehools; Ed. Street er,
surveyor: Doctor L. M. Ehsw, coroner: P.
L. Steever, county commissioner, and D. R.
Leered county assessor. t
The following are the delegate to the
state convention: J. B. Buckley. S. H.
Wisely. B. P. Nebergall. Hon. E. L. King.
H. C. Pee be. Dr. L. M. Shaw. C. C. Stull.
Etevena. Darrow, and H. M. Vander
bllt. Judicial convention delegates are: Liberty
Clark. Milan Kinney, Samuel Harlesa. Gus
Johnson. T. H. Saunders, J. P. Smith, H.
Hendrirkson. Otto Rummer. George Pres
son and H. H. Campbell. It developed
in the convention that Ho. E L. King la
a candidate for district Judge of the Fifth
Jud'clal district. The convention wanted
him to name the delegates to the conven
tion, but King waa too modest and declined
but the delegates selected are for King, aa
long aa hs has any show.
Stall Palls Oat
BEATRICE. Neb , Aug. 17. (Special Tel
egram.) A. H. Babcork ef this city and
C F. Reari cf Falls City were nominated
aa candidates for the district Judgeship at
the republican convent'on of the First Judi
cial district held here today. The Btht,
which was between Fabcock. Reavii. J. H.
Stull and John B. Raper. was simplified
by a combination between Babcock and
Reavia, who received liberal aid from Jef
ferson county. The first ballot decided the
contest, the only fight being on the man
ner of making nominations. Aa attempt
to nominate Babco-k by acclamation, leav
ing the ether nomination opea to oontest,
wa defeated. Stull withdrew from the
race when it became apparent that Bab
cock would win oa the first ballot. E. H.
Ulna haw was chairman of the convention.
The first ballot resulted ss follows:
Babcock. Bearia. Raper
Gatre
Jefferson ..
J'hr.aoa ....
Nfenaha ...
Pawnee ....
P.k-hardaoa
a
17 It
1
1
(
. .... .22
Totals Al
Keoassary to a choice UL
CUTS THE TELEPHONE WIRES
Xearaaka aad Heeper Cesar ay Tl
agreeaaeat teases te a
Crisis.
FREMONT, Neb, Aug. IT. tSpecial Tele
gram.) The linemen of the Nebraska Tele
phone company, acting presumably under
Instructions from Omaha, early this tnorn
nlng cut the wires connecting the Farmers'
Telephone company at a point tar Hoo
per. Four wires were cut. Representa
tives of the Hooper company cmsidcr the
art a high-handed one, and more UUra
tion will probably follow. The troable
grows out of the agreement made last
year with the Hooper company and ths
Farmers' company fcr the interchange of
business. The contract expired Saturday
night, and one faction of the Farmers'
was In favor of continuing It. as they
could talk with Fremont by way of Hoo
per. As neither party seemed anxious to
discontinue the exchange of buslnesa, the
Nsbrafka people cut the wire. The Ne
braska hare their agreement with the
Farmers' company, and are determined. If
possible, to cut off the Hooper company
from any business connection with them.
Deeter Did Set Have Roll.
TORK, Neb, Aug. 17 (Special.) The
sheriff of Tork county denies, the report
thst Dr. R. El Bassett (supposed to be an
assumed name), a physician representing
a hospital at St. Joseph, Mo, had H.600 In
cash on his person and the statement of
Dr. Baasett'a wife at St. Joseph corrobor
ates that of ths officials here. She stated
that when Dr. Bassett left ho:no he had
only VA in cash besides a Burlington pasa.
The report was started by colored porters
on the Burlington train, who claimed thst
Dr. Bajsett had displayed a roll amount
ing to gl.S00. Since his recoveVy from ths
effects of an overdose of cocaine and mor
thln the doctor makes no claim of hav
ing lost any money.
Farsaers lastttwte la Howard.
ST. PAVL. Nem, Aug. 17. (Special.) The
first annual picnic of the Howard County
Farmers' institute was held Saturday after
noon In the grove of the court house
grounds. A large number of farmer and
their famine were in attendance, and a
program of profitable diacussion of various
Interests relative to farming was tarried
out, the Interantionai brass band of Danne
brog discoursing music In the intervala
The afternoon closed with a series of games
and contest. A base bail game between
the Ashton and Boeius sines resulted In a
victory for .shton by a rcore of II to (.
A successful balloon ascension and para
chute leap was performed In the evening
by an Omaha aeronaut.
Light Flaat la Crippled.
FREMONT. Neb, Aug. 17. (Special.)
The manhole blew out of the boiler at the
city electrio light and pumping plant about
o'clock last night and the city was in
darkness until steam could be got up under
the other boiler and some repairs made.
No one wa hurt by the accident and the
boiler wa not much damaged. The cause
of ths accident is not known. The lights
going out caused some consternation In
residence, as many people were net sup
plied with other lights. The pumps also had
to shut down for a abort time.
Torlc Coma ty lastltate.
TORK, Neb., Aug. 17. (Special.) The
city of Tork Is filled with school teachers
who are attending the county Institute
under the general direction of E. C Bishop,
ex-superintendent of county achotMs. There
are several prominent speaker from other
point In Nebraska wh3 will be on the
program tM week.
STOPS CAR WITH REVOLVER
It, Lasts Haa Aeaalted by Police
Jador Wka Hold Aetloa
Jaatlaable.
ST. LOCIB, Aug. 17. Beverly S. Warden,
who waa arrested on Saturday night for
topping a street car a 1th his revolver, wa
acquitted in a police court today.
In discharging Mm Po'lce Judge Tracy
a.ld: "Any street car motor-man brought
before me on a rubstantlated charge of
passing passengers on the street corner will
be fined the limit allowed by law. Cltlsens
have rights that are paramount to those
of street car companies."
FORECAST OFJTHE WEATHER
Fair aad Waraaer la lewa aad East j
Xebraska Today, Variable
Elsewhere.
WASHINGTON, Aug. 17. Forecast:
For Nebraska Fair and warmer In east
pcrtion. showers In west portion Tuesday;
cooler in northwest portion Wednesday,
fair.
For lowar-Fair and warmer Tuesday;
shower and cooler at plght on Wednes
day. For Illinois Fair Tuesday, warmer In
northern and central portions; showers and
cooler at night cn Wednesday, rain In
northern portion, ftlr in southern, fresh
east winds, becoming strong.
For Montana-sTair Tuesday and Wednes
day. For South Dakota: Showers Tuesday,
cooler in central and east portions; Wednes
day, fair.
For Kansas Fair and warmer Tuesday;
Wednesday, fair.
For Colorado and Wyoming Fair Tues
day; Wednesday, partly cloudy, with
showers and cooler In east portion.
For Missouri Fair and wai-ner Tuesday;
Wednesday, probably fair.
Lara I Record.
OFFICE OF THE WEATHER BfREAU.
OMAHA. Aug. 17. Orfirial record of tem
perature and precipitation compared with
the corresponding day of the past three
years:
MX. 101. 101. 1V
Maximum temnerature ... M f 2
Minimum temperature C2 as 64 70
Mean temperature 72 74 7t tl
Precipitaiiun i T .00 .00
Record of temperature and precipitation
at Omaha for this day and since March 1,
Normal temperature 71
renrieiicy lor the day 1
Total excess since aiarcn l m
Normal precipitation 11 inch
T ....... i .rt Ik (tlV 11 iTlCll
Precipitation eince March 1 17. 7 Inches
r-eficiency since March 1 1ST inches
r.ft-lenev for cor. jeriod in IV(1.. indie
Deficiency for cor. period in li.)1..7.5 inches
Report (rem Siattoas it I P. a.
m
ill;
li
c
-j
: s
'
CONDITION OF THE
WEaTtlER.
Omaha, clear TTi sl .00
Valentine. rear H fcU U
North Platte, cloudy 7b S4' .06
t'heyenrie, clear a7 M
F.lt Lake City, clear K' K.: .
Rapid City, clear k: ki-i .oo
Huron, clear M s .tail
Wlihun. near 7t S4' .on
Chicago, clor 7u ,ub
Bu Louie, clear 7n. K.' .Hu
Bt- Paul, clear fc M .
Davenport, clear ' tr:' .
Kansas City, clear 7k .
Havre, clear , Mi M .00
Helena, cirar & A:'
H lama rk. cienr M. In .
Glvrat.m, rlvjdy .- U, su, .IS)
T Indicates trace of precipitation.
1 L. A. U XH. Local Foraaaataa.
REPORTS ME FENCES DOWN
Ktlrnia Cttt'tmta Art tt'A to Hare
Cjffp'.iei with &coent CrJen
OTHERS PREPARING TO DO LIKEWISE
ladleatloas Are that Big Herd waers
Have Decided ta Meet the Reqmlre
seeats at the Interior
n Departsaeat.
fFrcm Staff Correspondent.)
WASHINGTON. Aug. IT. Special Tele
gram.) W. A. Richards, commissioner cf
the general land office said today that he
had received a letter from Vnlted States
District Attorney Summers snnouncir.g
that Messrs. Richards and Comstock. the
cattle barons of Nebraska, had practically
complied with the recent order calling
upo them to tear down certain fences Il
legally maintained upon the public domain.
Al such fences. Mr. Sirmmers believed, j
have been removed but to make doubly .
certain, a special surveyor is now engaged
In going over the ground to check up the
situation.
Commissioner Richards is also advised
that the Standard Cattle company is com
piling with the above mentioned order and '
are rapidly removing the obnoxious fences
and have Indicated a disposition to remove
every vestige of fencing around its hold
lngs. Reports from other sections where
complaint ha been made of Illegal fenc
ing indicate that cattlemen are showing a
disposition to respect the law and remove
their fence.
These rural carriers for Iowa route were
appointed yesterday: Estherville, regular,
Elsey Hamrick; substitute. J. H. McKsy.
Taintor, regular, Lewi Robertson; sub
stitute, Joe Chase. '
PICNIC ENDS IN TRAGEDY
Oae ef the Party Saccasabs t Heart
Fail ere aad Another Is
Crasy.
SANTA BARBARA. Cat. Ang. 17. Miss
Katherlne Grsthwol cf St. Paul. Minn, la
dead; Frederick Lueders, an artist of this
city, is a raving maniac and Fred Web
ster. Nellie Stone. Frank Gilbert and Grace
Porter, also of this city, all Tmmbers cf a
picnic party, were missing for several
hours last night.
The party left here yesterday for a day's
picnic at the summit of the mountain,
which 1 reached by Lacumbre trail. Fred
erick Lueders arrived in town last nicht
and reported that one of tha party. Miss
GrathwoL was dying, but he was so ex
cited none cf the particulars could be
learned. A party then left for the scene
and others followed tbera. They returned
at midnight with Lueders. who was found
at the foot of the grade a raving maniac.
He could give no account of the where
abouts of the rest of the party.
At the inquest held today Miss Grath
wol's death was attributed to heart fail
ure, brought About by exhaustion.
The Coroner' deputies, who went after
the remains, returned early today, after
a mv-st difficult and hazardous trip. The
body had to be tied on the back of a bene
and brought over the narrow trail In the
darkness.
Miss Grathwol, witnesses said, requested
her lriends to proceed without her. after
half the distance had been covered, aay
lrg she would remain until their return.
The party went only a couple of miles
and then returned. Zn the meanwhile
Miss Grathwol had wandered away to her
death.
COURT UPHOLDS BLACKLIST
Federal Jad are at St. Loals Readers
tweepisg Declsloa la Weatera
. lale'i Case.
BT. LOUTS. Aug. 17 Judge Rogers in
tha United State circuit court, today
handed down an opinion sustaining the de
murrer cf the Western Union Telegraph
company In the labor injunction case of
Boyer et al. against that company.
In the written opinion Judge Rogers sus
tains every point urged by Attorney Elenl
ous Smith, representing the defendant com
pany, holding that the company has ths
absolute right to dismiss employes because
they belonged to the union, or for any
other reason; that there can be no con
spiracy to do a lawful act; that the so
called black list may be maintained and
given out for the use of others.
Superintendent G. J. Frankel of the Sec
ond district of the Western Union, said:
The case arose from the fact that a cer
tain number of operators were relieved on
account of reduction in force, some for
Insubordination, and for other causes. They
contended. U wu on account or belonging
to the union, and they were therefore de
prived cf a livelihood.
It was conclusively shown that all oper
ators so relieved were employed either by
brokers or railroad companies, with the
exception of one, who could not be lo
cated. 1 aa cot care to say anything
further.
BODY DISPROVES ELOPEMENT
X Doabt Sow that MUalsg Co pie
Met Deatb by Droevalaa;
la Lake.
GLOVERSVTLLE. N. T, Aug. lT-Th
body of George Evan came to the surface
of Canada lake early today. Dynamite waa
exploded between the island where ths boat
wa found and Nigger bey resterday and
the head and shoulder appeared above the
water today.
The body of Florence Brown ha not yet
been recovered. These two young people
have been missing for some days, having
gone for a boat ride and not returning. Mr.
Evan waa to have come into a fortune to
day and both were well known.
Search ha been kept up on land and
water ever since their disappearance, and
last night a report from New Tork stated
tbey had been seen there after the time
of the supposed drowning and an elopement
was suggested aa an explanation of their
disappearance.
Thia, however, waa disproved today by
the finding of Mr. Evans body.
KANSAS GUARDS' CASH MISSING
Cay tal a Is Arrested Charged wlta
Esaa-raallaai Faads at
Militia.
BAN FRANCISCO. Aug. 17. Captain
Clarence Jrharon of Topeka, Kan., wa ar
rested today charged with embezzling the
funds of the Ksnaas National Guard.
. Sharon says there Is a difference of only
t between him and his regiment, but ths
locil police aver thst the alleged defalca
tion will reach into the thousands. Cap
tain Sharon served with the Twentieth
Kansas regiment in Manila with distinct'oa.
YACHTS ATTRACT A CROWD
stellaae aad fkaaaraelt III Tlewed
by Maay Peapla While la
Dry Dock.
NEW TORK. Aug. 17. Reliance and
Shamrock III today attracted a large crowd
to the Erie basin, where they are la dry
dock.
Both rudder aad bow on Reliance hay j
to be fixd. the former bartcg been strained
out of alignment, and the latter slightly
dented in the lest race off Newport. In the
meantime Its bronse underbody wss given
a thorough polishing, while in the adjoin
lag dock the crew of the challenger gave
that vessel's hull its last coating of white
enarr.el.
The great mainsail cf Shamrock III was
also bent today under the supervision of
Captain Wtir.ge. Tomorrow Charle D.
Mower, ir.e official measurer of the New
York Tarbt club, will measure the boats to
figure time allowances.
BEYOND PROVINCE OF COURT
Lett! Contract fer Local Prlatlna;
Daty of City, Says Attoraey
w, right.
The case of the World-Herald against
the City cf Omr.ha relative to the award
cf the city printing waa resumed before
Judge Read yesterday afternoon, having
been transferred from Judge Dickinscn's
court.
City Attorney Wright stated at the open-
iT cf lhe ca that the court was wi.hout
jurisdiction in ths premises, as the muter
of letting the contract for city printing
waa entirely within the province of the
city council, especially in view of the fact
that there was no evidence of collusion or
conspiracy to mulct the city in excessive j
cost for said printing. It was simply a I
Question of whlrh waa the InvMt r-tiuin. i
sible bidder and Its determination lay en
tirely with the city council.
W. J. Connell, attorney for The Bee
Publishing company, introduced In evidence
a number of additional affidavits showing
that the World-Herald had not the requi
site &.000 circulation in tha city and that
it was In fact several hundred short of
that number. The contention of the Even
ing World-Herald was that it hsd
bona fide subscriber, whereas It was
proven by investigation that it was 557
short of thst number.
Another interesting phase of the matter
was shown by these affidavits that the
Evening World-Herald was spurred to a
sadden xea! to get it list above the S.OJO
mark after hating submitted Its bid to the
city council, claiming that number a con
ditioned upon Its eligibility to submit a
proposal for the city printing. The evi
dence tended to show thst a number of
expert solicitors were hustled out between
the time of the submission of the bid 1
and June 10 to Increase the int. which
was an admission that it waa actually j
abort ths required 5.000 names. One of the :
urgent appeals of the . solicitors was "that;
it waa a race between The Bee and Even- j
ing World-Herald for a special advertising
scheme and that short-time subscriptions
would be taken." )
The World-Herald submitted no evidence i
yesterday afternoon, but was given until I
14 o clock this morning to produce affi
davits in rebuttal, to which time the hear
ing of the case ly adjourned.
ADMITS BITULITH1C PAVING
perlgcatleas for Bitaaalaoas Mc
adaaa Completed aad Are Ready
fer BabsnUsloa. j
The specifications for bituminous ma- j
caelum pavement bar been completed ty j
Chairman Rosewater and will be submitted
to the Board of Pub.le Wort a this after- I
noon. They proviOs for an eight -Inch exca- i
vatlon, to be filled for six Inches with lime- '
atone or slag, upon which is to be poured !
a semi-liquid bituminous cement, not more j
than one gallon nor lea then thre-fourtha j
gallon per square yard. Upon thia founds ;
tion la to be placed the wearing or pave
ment surface. Th's is to be composed of
"7 per cent or more, varied laed crnahed
trap rock, granite, porphry or quartzlie. and
10 per cent or lee ef pulverized hard lime
stone, gravel or sand, in combine Hon with
ar-.fflcient bituminous cement to fill the voids
and thoroughly coat and aurround the parti
cle which comprise the main aggregate."
According to the engineer these specifica
tion will admit the new bltullthlc pave
ment. At the board meeting Comptroller Lo
beck raised a point over the requirements
as to the mixing of the wearing surface,
aaying the ratio thould be measured by
weight. Chairman R.sewater objected to
thia, saying that a .hange would favor
the i Warren Bros.' patent at the txpense
of other competitors. L beck maintained
that without the change a chance was left
open for paving inferior to that which -.he
Warren patent was capable of producing.
Aa Building Inspector Wlthnell was ab
sent, it wa decided to let the matter lie
ever for a week.
YOUNG ROCKEFELLER IN WEST
Visits Fael aad Irea Properties Pre
paratory ta Gesersl Meetlasj
at Desrer.
PUEBLO, Colo., Aug. 17. John D. Rocke
feller, Jr., arrived early today cn a special
train from the east. He was met at the
station by President Kebler and ether offi
cials of the Colorado Fuel and Iron com
pany and taken to the steel works. Mr.
Rockefeller, with tfc others, will attend
the annual meeting of the company at
Denver tomorrow.
Five Trains a Day
via the Cliicaco & North-Westrra
railway between Omaha and Chicago, offer to the trive!ii:g public
tht test cf eivry thing in the way ol the modem conveniences vf tra cL
The Eastern Express
last train, leaving Omaha daily 5.50 p. m, arriving Chicago 7.1; next
mo-Jung, with an admirably arraiigtd equipment A FulFman draw
irj room and trLnt.t sleeping cai, lree reclining chair cars ana
standard day coaches, buutt socking and library cars, and dlnii.g
can (a la carte), it cne cf the most ppuUr triir.1 ia the Wem
The Overland Limited
electric lighted, with buffet
companmeut aletpini?
car, leaves tjmaiia cany
Chicago o.oo tiie bent
UUier through trains
and poiDil e.tt at
end 1 1 30 a. m.
Inloriaa'ios at to
ing car rearrvatioiia, oa H'l- u.auoa
M. O. CHCYN
Sw. o-o
Creole
Aitrm v
EYEHYtYEERS 3
IfTHEY
If fiRE
Save the Bands I
rTrti Ir v-i rtir.r '
A al (LawsUI M J3 M r. . '
A FIVE
POUND
BASS
r
What a sencation too ret
when yon bare ooe on thg
Kne and bow be crxrsrg i
re-fiht CaiJy tb-ireafter. Tb
blc fellows are plentiful 1b
He "Minnesota Lake."
Oar rates are so low dur-lag-
July, Anguct and Sep
tember that you cannot
XTord to stay at borne.
Tal wltb ns at 1402 Far
aim street, Omaha.
W. H. DRILL,
DIST. FA8SENCER AGENT
WEN fcHO sVCMER.
t Kir J t snratsra.
4 :nrbrca.ia natuaiattoaa
riltiora ol cersikA
uf anill utuliracM.
r iim-m. bS sot astl la
s' at or so!-"fua.
aid by raCS-tata,
itl ll -a S4' erapr.
Vr e prr a. rrai4, tuC
si r i but- aa "
lucttiax sew essaV
Railway, over the or.ly ! 'uble-track
smoking car, standard and
car, innervation and l;r.rary
at c.15 p. m, reaching
morning.
leave Uiuaha Lhicago
340 a. ra, C.00 a. ta.
srledslet. ratea, sleep
E V. Omui A,
rtUMi ST.,
h t
- a aa a l , ' -d
fr r
i "V i a ii-AJ
Jr M OaraaM4 B
K riotaF.
t?7Tp-UawCii3 r-aiCr
yr i J -Matin 1
yan