THE OMAIIA DAILY BEE: FRIDAY. AUOFPT 25. 1M3. ) SENATOR CCLLOM IX OMAHA TeMTEtla EI so i Eutetai Epcsct ft ertJ Edui in tt. City. SATS LITTLE OF PCMJTICS AKO CMDIDrT. M Re Bwobt Of IUMttl( l IlMllI te oe-ed KlBtrir FreeU leal ef the Italiew ItltM. In had State Senator Shelby M. Culiotn of Illinois u In the city several Vmra rutmUr la bin private car No. (, of the Illinois Central road, having arrived here ebortiy More noon trom Chicago veer the Llint.is Central. The trade was bad.y be . lat?d btcauN of the heavy runs and wa tuck In the mud for an hour or more soro distance beyond Council Bluffs. tor Cuilorn I accon panted, by Mrs. Cullom. his sister-in-law, Mrs Fisuer. end t w grandchildren, the Mimes Ridgley. sod tils private secretary, Mr. W. Malloy. Tbs party Is fmroute to California to visit Sena tor Cullotn's brother. H. C. Cullom, st 8n PVsxchro. who Is Iritis' HI of paralysis, occasioned by being thrown from his car-rlas-e curing s ruuivir s few weeks ago. The presence of the dlstitigruiehed il linolsan we not known In the dry until 1st In the afternoon. During the after soon ths party took a earn rifle about the city. "I must decline ts talk politics," said Senator Cullom, "hut am at your service on any other subject. The president has not yet issued a rail for an extra session of congress, but he will doubtless do so. Xt now looks as If the extra session may be called for Nor em her I, although there Is a prospect of Its being called about a month earlier. Ths president nay not call It until later after asaer-talning the wishes of ths different sections of ths country, and It la likely that November will be ths tuna rteaerlal legislation.. "Tbs General purpose of the session will be thci consideration tif the Cuban treaty, but I in not prepared to say In Just w hat aaannaf it will be taken up. It Is not prob able Ja,at any financial measures will be oonslaered during ths extra sssslon. as the treaty will occupy mast of tbs tints of the rJBwiienan. "Financial matters will be left to the regular session. Tbs Fowler ant the Ald- jticb bills are now In ths bands of a sub committee of tbs sonata finance commit tee, anA It Is difficult ts predict Just what the recommendation of , ths committee will be. I ds not know Just what position I mar take on either of the bills before the re port of the committee. I can say freely, however, that I am opposed to asset cur rency. Our present monetary system Is ths best rn ths world, and there la not much room for improvement. 'Illinois will five its electoral vote for Roosevelt for president, and he will be nominated and elected beyond the slight est doubt. I think that the vice presidency should go to ths west and believe thst It wilt flt bed not yet beard of the candi dacy of Mr. Webster of your state. Either he or Genera Manderson woutd make a good candidate. I am well acquainted with General Manderson. and think him one of ths ablest men In the country. He told me shortly before tbs expiration of his sena torial term that be was weary of polities and desired abova all thine to get back to privet life. lease Probablo Csna.ldo.toa. Tea, Governor Tales has aspiounecd that be will be a candidal far renoml nation for .governer of Illinois. Speaking of rice, - presidential candidates. Senator Beveridge of Indiana has said that be does not want lb nomination. Vnless there ia some bic unlooknd-for political revolution, Indiana ia safe for the republican ticket. As for the democratic candidate for tbs presidency the party Is still at sea. They have some food timber In Cleveland, Gorman and Olney. There seems so little cohesion In tbs democratic party Just now that It will not be abls ts do much, snd tbs leaders are only waiting- for sums issue that they can take up. It will bavs Is be a new one, and I take It that they or hoping f or soms administrative blunder. But this administration Is not making any blunders. . Orvel&ndisra has the apparent ascendancy Just now, and I rather think It will be .that element that will dominate the demo eratlo convention. Should Tom Johnson aueoeed In carrying Ohio, with Bryan to help him. It will give bin a. big lift with the democracy. Ha Is not going to carry Ohio. I bavs not the remotest Idea who ths populists will nominate, bat that will slot snake any difference anyhow, for popu lism Is one of tbs has-beens, and no sane " man would oar for tbs nomination. Mr. Towns as a bright man, I knew him euite Von. but I alnoerely Qu notion whether be would taks tb nomination If It waa offered turn. CeleskbLa on d the rauL 1 am disposed to think that tb Colom bian government will yet recede from It present attitude on too Panama canal treaty matter. It looks a little to me like " a Question of money with them. The United fits tes will not acquiescs In any ' measure that will relinquish Its territorial and civil rights over tbs canal strip, and 1 think that the matter will b adjusted to the complete satisfaction of ths United States yet I do not think that tbers are any European influence back of Colom bia's attitude. The European powers nee J the canal as bad as ws do." Tb senator lapsed Ints a reminiscent train and said: floans of tbs most pleasing memories of the old days are thoss relating t Presi dent Lincoln, whom I knew suite well. He waa a man of the most remarkable memory. Ho seldom spoks from notsa. If over. It was his Cooper institute speech that rsally made him president. When he went oast te deliver IV. he submitted ths address to Jo MeUl and Ir. Ray, both Old-time Chicago friends of liia They took tt and ougfoaaed a number of additions and wterlineauona, and had their note pasted ail around it , Mr. Lineoin took tt very philosophically and thank big then for their kiudnsrs went on to New Tork and delivered his speech verba Um-et-tttratlm as fcs bsd originally preparod tt When MediU and Ray read over the spee-h later In the New Tork papers, they Aid Alters Sqrsapanlla Your grandmother's doc tor ordered it for your father. It's the same .old Sarsaparilla today. Tested and tried for 60 years. If constipated, use Ayer's Pills; gently luitive, purely vegetable. A. C. All nt discover a Woe or word of tbetr notes or Interline ttnna, and Medin was moved to remark that their additions ts the sj-eoch must have blown out the window. Cleveland taierk CoaSdeoee. "Frosident Cleveland was another man of phenomenal memory. At bis first tnaugura Uoa be delivered his Inaugural address off hand and without the slightest reference ts notes. This was the first instance that 1 remember of a president dome this. It was alss Mr. Cleveland s first sppeemnc In vVaKhrf.rton, and the orhievement waa remarkable from the fact that be was an .absolute strsnrer to the manners and cus toms of the city, and his superb self-confidence In delivering that address offhand before that great audience of ever 10. c people, Includinc ome of the greatest pub lic speakers of ths country, was certainly a rreat thing ts do. "Tea. there are several senators who antedate me Is ths senste, amonc them Senators Aldrlch. Allison, Hale, Frye and oie or two others. 1 entered ths senate In lsK 'Ti expect ts be absent on our trip about three weeks. Wo may lay over In Denver a few days. Ws win return by the Vnion Pacific and will pass through Omaha on our return." INSPECT THE NEW THEATER OoeBTlaaT oecptlosi at the Krva- At tended by Lsurgo Throng of loteroetow People- If a Jam is any evidence, then the open ing reception at the new Krug theater last night was a complete success. Iuring the entire time from until 10 o'clock the bouse was thronged with well-dreseed men and women, all bent on Inspecting the arrangements of the latest addition to , Omaha a places of amusement. And In sject it they did. from ths front entrance of tbs handsome lobby to the uttermost corner of the upper gallery floor. Jt was with some difficulty gJiat Mr. Judah was abl te con vino the crowd that the stage was not open for visitors, or the mysteries baok of the scenes would have been ex plored aa thoroughly and systematically as the appointments Intended for the com fort and accommodation of the public. All evening long a throng moved through the brilliantly lighted lobby, oommenting on the way concerning the taste exhibited In the provision of this beauti ful approach to th theater proper. Inside ths seats were filled al though tbs occupants wars continually changing, while the visitors listened te ths numc fend examined by detail the arrange ment and decoration of the t-udltorium. All that bad been promised for the Interior has been realised, and th exclamations of satisfaction and delight were general. The warm tones of the walla and celling blend perfectly Is ths color scheme, and th simple decorations of ths proscenium arch and the panels so perfectly enhance tbs effect under the lighting aa to produce Just what waa aimed at a restful feeling of luxurious ease and home-like comfort. The music for the evening was furnished by tbs bouse orchestra, seated on the stage. Not an extra Instrument was added. It being the desire to show the visitors Just what they may expect when the house la opened for business. And It Is only saying a littls.to say that th orchestra Is a good one. Mr. Jadan and Mr. Gonden were very busy all evening looking after their guests and explaining ts Inquirers points about th house. Mr. Judah expressed himself as very well pleased with the outlook and again said he wanted th Omaha public to know that th Krug theater la to be conducted on a strictly high grade basis, a place jo! amusement for the people, where wives and children may be sent in security. The al of seats for the opening, per formance on Monday evening has been very good. Arrangements have not been completed for to formalities of the open ing yet, but a abort program will be adopted for the occasion, which swill be announced later. As for tb attraction. It will be on of the regular bookings of ths house for the season. POINTERS F0R IMPROVERS John F. Dairy OSTeva kossa Sorgo tiests to the Tarleai War Clsb. OMAHA. Aug. r To the Editor of Th Bee: A few days ago aa article appeared In The Bo suggesting ths employment of th city prisoners at cutting weeds white waiting for the rock pile to accumulate. Th first evening X was In Omaha, twenty seven ysara ago. I read an article In The Be on the stone yard Question. Most every year sine then soma councilman, new In offlea, by resolution, started to re form the morals of Omaha and crush out crime by erecting n high board fenoe around to stone pile and putting lall th prisoners ia the city Jail t work breaking stone for repairs to th down town street But resolutions of thia kind always die at th meeting that gave them birth. The enclosures prove political fences and ths prisoner. Ilka th brook, "flows on for ever." A few yeaa ago (alter tb Poor murder) aa Indignation meeting was called At this meeting Dr. Miller presided. Reso lutions were passed condemning tb crime that shacked the souses of every law and order-loving dtisen of Omaha. Ths reso lutions were given ts a urn mitt ap pointed by the chairman, ts report at a meeting te be called soon after. Tb meet ing has never been bold and the committee si not yet ready t report, and this la th history of all rock pile resolutions. A tew evenings age I attended a meeting of th Omaha View Improvement club and part of the way to tb arhool nous I could hardly find the sidewalk, the weeds wer growing so high on either side of ths walk, and at! over the vacant lota tb stench waa simply offensive. Chickena. cats and dogs ret lost and ds there, and sometime, are thrown In there and left te poison the air under a broiling sun. In a few days the rUldren will be on their way to school and are they te risk their health and their Uvea, and perhaps assaults from designing persons bid in those weeds, while their parent are taxed te aupp-jrt thieves, bouse breakers, sandbaggers and hoboes in Jail? Should tbry not be compelled te ds so-n work In return for the pre'ectlon given them by the city government? Let the mayor and city council call off thia ancient rock I'll gabble and cleaa up tb outlying street and walks leading ts all our cheol by engaging tl -slty prisoners te prartio while waiting for the fenoe te be finished. If all th improvement clubs will tak this matter up. 1 be eve they rc show ts aD our fellow citlaens that we are organised ft good purpose and we mean ear club to be all that the name Implies. Carlyla says: Tbe situatloa that baa not it. duty. Its MeaL waa never eorupled by johm r. Dalit. Gasoline Mevw atssaw4e. Thirty-first and Lindsay streets, was light ing 9mwjm -l - - ' I Li oun gaseiine w hich had ran down on the ste.e was Ignited and the bias communicated with the can. wnlca. a pioded. ft iu tbs room with nam and burning tb weenaa's band severely. The fireme were called, but tb bias had bean extinguished beiure tbelr arrival. Aotoaaobtle wwooee best A call has gone out te the automobile owners of Omnlia te attend a meeting la the Commercial rlub rooms at t e rir-k tiii evening A Buskber of matters of Isa Bieoukt aud pressing smpUos te uume t'tlists wui be aomxarel si the rueeULg The sBtomoblt ordiuariee new pan timet In th riy council eomaulMee will be ore ef r niMineaaj aura an srlw AFFAIRS AT SOUTH OMAHA Storn Damap ts th Street! m Kudb Lighter Than Expected. CITY ta&;MER KAkLS FULL INSPECTION Believes that 3M Will Cover the Feb lie Lews, bet Private Prop erty Sogers te Greater Extent. The damage done to the street and sieve of South Omaha will not amount ts over Kims. Thia was the rtaiement made by City Engineer Bel let night. Early yesterday mornlr.g Mr. Beal made s trtp on horseback ever the unpaved streets and noted the lo cations of washouts. In Albright the water spread over the bottoms, but besides filling cellars no dam age was done. The roadway Is washed away In placea and the mud hi deep, but repairs can be mad with litUs cost to tb city. At Thirteenth and 3 streets th cstch basin cloi-red up and there is s washout which will cost the city about 160 to fin. At Sixteenth street and , Missouri avenue two bole have been washed In th street and tb engineer estimate that thee can he filled at a cost of not more than IS. There ia a washout at Twenty-first and L street, but Mr. Beal aaya that It will take only two hours' work to fill this. The water damaged George 'Vrerrtpotfs cellar wall at Twenty-firth and H streets and the area wall at Graff's hardware store. Twenty-seventh and Q streets, csved In. Both of these latter losses will be per sonal and cannot be charged te the city. The Flunkett building at Twenty-fourth and K streets suffered considerable loss by the caving in of the foundation on the north side. As this building waa con demned some time ago the tenants were notified that tbev remained in the bulldir.g at their own risk. The city will now pro ceed to have the building rased. Th elephone service was badly knocked out and linemen worked all day yesterday and last night repairing th damage to the lines. The sewer in the alley between E and F streets and Twenty-third and Twenty fourth streets was damaged by lb sup ports being washed away, but th newer Itself is still Intact. At the city Jail The water in the sewer "backed up and tor a time the Jail waa In a decldely bad sani tary condition. TJiere waa little If any damage In the railroad yards aa the big stock yards' sewer carried off a largs portion of the storm water. A portion of the street force worked all the afternoon fencing in the dangerous washouts and placing red lantern. Both Mayor Koutsky and the city engineer think that South Omaha got off easily aa com pared with other places. tarry Mill. See. Beats. About t o'clock last night Frank Hreblk, Jr., who resides sear the old Fisher place about two miles southeast of Sarpy Mills, drove up to police headquarters and asked where he could get a boat. He aaid that four families were in distress near Anchor Mills and that tb water In tb Fappi was rising rapidly. Between Sarpy Mill and Pa pillion the water In the roadway was from three to four feet deep and at Anchor Mills, In the lowlands, it was between eight and nlns feet deep. The families confined in their homes by tbs high water are those of Anton Herbeek, Joseph Zltty, Frank Hreblk. nr., and Joseph Xopetsky. In aU seventeen people were' Betalned In . their homes on account of high water. A boat was finally secured and Hreblk left for his home In s hurry- He said be fore going that be thought a large number of hogs in pens hsd been drowned. Will Istsweet wUAlswn. City Engineer Beal proposes making a thorough Inspection of a number of. build ings in the city where he suspects that the foundations are weak. This Inspection will be made Just as soon aa the repairs arc made te the tnpaved streets. Tbes repair will lake ths street force about a week, then the engineer will be at liberty to make the inspection. The chances are that several buildings which have been considered unsafe will be reported te th city council and will be ordered condemned, : Will Open October X. j M, X). 'Welch of the Omaha Cooperage ' company stated last night that be ex- petted te have his new building completed and the cooper works In operation by Oc tober L Tb building new being erected ia entirely of concrete and steel and tb workmen are now up ts lb second story. Mr. 'Welch said that the only wood In th structure would b tb window casings. He proposes to make th new structure absolutely fireproof. This building Is larger than the on destroyed by fir last spring and will hav doubl tb capacity of th old works. OesurtnsT Away Wreekcsva-e. A doaea or mars men are at work clear ing away th debris of th Morrill fire. Particular attention i being paid to re covering lead and shells which were stored In the building at tb time of th fire. Mr. Morrill stales that b had about five tuns of shot and over M.iMB empty r Th lead Is being dug out and tbs empty ahells are being saved for th brass caps. A portion of ths walls of th mill have been taken down. The ground where tb main building stood is being cleared and the re mainder of the mill will be taken down Just as soon as Mr. Morrill Is abls Is get out of th hospital. Going After Crwosta. Chief Briggs said last night (hat he 1 going te arrest every suspicious character in the city. He said: "When I retumod from the south a day or two age I was sur prised to find a many well known crooks in tb city. I shall glv my personal at tention to these pecpl and see that they are either landed In JaQ or leave th city at once. Last night the chief and the captain made a roundup, and the result is that quit a number of suspicious characters are in th city Jail. W'ail no crimes of sny lmportanos hav been reported at po lice headQuarumrs the chief doe net Ilk t see the city full of petty thieve, and be is going t run them out. Fllee Charge Today. Chief of Polio Brlgr said last alghi that h would today f.'- charge with the Fir and Police board against P. H Shields, captain of polio, for neglect of duty at the Morrill fire. Tb chief mad a thorough Investigation of th ease yester day and la ssturhed that th captain did not us good Judgment ia calling hi men TarcUh vaiiifthes ft! a touch 'GORHAM Siever Polish Ceans at wcS at polhe Produce g lardxxf poliaa away frnej the fire when be did. As for tb charge against Officer Small, the chief said that be wmiM hold those bark ntH the hearing of th rase In polio court on Friday. Looking for Dave It lee. The police are looking for Iav nice, colored- Teeterday afternoon at Swift' Rice assaulted Thomas Trohrldre. the fate man of ths beef killing department, snd injured htm quite severely. Rloe had been given an order which he declined to obey and Trobrklge told him he would either ds aa told or quit. lace then struck Tro bridce a blow which knocked him down and stunned him. Ik-fore an offlorr arrived Rir got ae-ay from tire plant and it is thought that 1 ha left the dry. Haaie tlty Gossip. Mr. and Mra Mike OH euro Lave returned fritm an eastern trip. A son -a b"-r vVedieeday to Mr. and Mrs. James 3 Firtgemid. Mrs. Mar?' Stantt of Linoln it here visit ing her father, O.arler- Starts Mr. and Mr. I'atri'-B Briwmhan. I4fl Q street, announce the b.rth ol a son. Hip M E. Elli. of l eru. Neb., If in the city tb guest of Mra. Mary J. Carpenter. tdonei J. B. Ma tains lelt last night for Wirmepeg to attend to eome buninetis mat ters. Frank J. Fitle came up from Lincoln yes terday to loos alter ius projert inter ests here, A dmipMer has len born to Mr. end Mrs Louie Sorensen, Thirteenth and Hm i iK'in rtreeta. A permanent sides aik if belnx laid around the new A., (i. V. W. temple at T el.: y-fifth and M streets. Mm Aupurta Pu-kr returned nlpwt from Dunib-p. la., where she visited friends and reieiix lor a ltn days. Iana Morrill, president of the Snuth Omaha jbnard of Laucation. contir.ue to Improve at the South Omaha hospital. There will I no morn.ng service at the First Baptist church tundty morning. Services will be heio in the evening. C W. Tullla. s ra-iti'hman at the nock yards, had his riant hand bad'y bruised while coupling car xeetrrday anernot-n. Councilman Mjlee E. Welsh and P. J Martin are in L-enver. They will arrive bonis from their western tnp on (Saturday. CUPID IN THE MERRY-GO-ROUND Little Reaaance ait hLreg's Park. Ends Happily la a Marriage Ceremony. And now It seems that whatver It played the Ja of the Krug's park merry-go-round organ these three month past were all one tune to the conductor and to she who sold the tickets. When he said "Keep your scats till the motion stops," In a strong, manly voice. It was not for the safety of the reckliss youngster, as had all along been supjiooed. bl that she might hear; and when she passed the ticket out It was not the wearisome duty which we thought it at the time, for ah knew her the pasteboai-ds went, and each was a message of moaning. So there waa a quiet little wedding at the park last night, of which the crowd first be came aware as the bride passed through the court, and George W. Porter And Theresa Henrici wer given the order of the double harne. The bride 1 the daughter of Mr. and Mrs. Henrici of Chicago, who have been pending the summer at the park. Mr. Henrici is a brother of the millionaire caterer in Chicago and was the initiator of that large business. Tbey came west with Mr. Cole In the spring and win soon return te their home. Mr. Henrici forty years age lived In this city. Miss Henries became the cashier of the merry-go-round and there met Porter, who had oven In charge of the amusement machine for three years. The engagement was an nounced three weeks ago, and when Mr. Cole heard of tt he proposed that the mar riage be solemnised at the hum of the parents In th park and this was done. Judge Vlnsonhaler officiating. At W o'clock the park band struck up Mendelssohn's "Wedding March," and the bride, with Miss Da. In trom, entered the room where the groom and a few friends awaited, and under a -canopy of American flags the service was performed. Frank Kelson was best man. After the wedding about twenty guests sat down to the supper and drank tb health of the bride and groom. Porter is an Omaha man and the pair will make their home for th present with his mother at 1717 Mason street. GRADERS SLEEP IN CITY JAIL Ost Held on Chaurge of Robbery avnd the Other a. Cwssplainlns; Wit! Thomas King, who at present calls, a room 'at 100a Xavenport street home, and M. MoGarry, both fresh from a grading camp near Malvern, la., drifted Into town yesterday. Tbey spent the day 'seeing tbs sights and at night retired ts a room in the Oxford hotel. About fifteen minutes after th gas had been turned off King Jumped up in bed and announced that he had been robbed of all his earthly p. sessions. The hotel clerk heard the com motion and appeared upoa the scene. In the meantime McGarry bethought him that he toe. might have been th victim of a similar touch. He felt in the to of hi shoe for a fa note which he had tucked carefully away during the afternoon. It was not there and he Joined In the search for the missing wealth. After everything In the room had been gone over McGarry cam to the conclusion that King had raised the cry of stop thief te protect himself and so Informed the clerk, whe called Detective Drummy and Madsen and Officer Fink. Both men wer taken t the station. King was taken Into a private room where be was forced ta remove hi clothing which was examined and ta was found In three separate rolls carefully tucked away In the wearing ap parel. King was charged with being a suspicious character and McGarry was held a complaining witness. oodles Bavdly la) area. H. B Smith. aed'ller who reside at Grant street. r 1 fmm hi wagon near Sixteenth street snd Kinrr aver. u about 7.ao e dork yesterday e-vemrg On ef the wagon wheels passed over tits neck and right arm. Same of the blood vessels in tie neck were ruptured snd when picked up be was unoonscieu His right arm was also badly bruised. Offlrer eWn uelson tele phoned the polio etstinn and th patrol wagun wa eent out and removed the in jured man to St Jdeeph's hospital. Ir Henry and Hobha drenaed the iriurie. At a lata hour east niarni nr. enitii wa rervrted a having reammed eorHicl'mrmee arid. provKltng no complication ariae. hia injuries will probanty nt result senuua y LOCAL BREVITIES. William Quintan, whe waa Injured In saloon firht several Says ago. is still con fined to his borce. Ur. brructer, who Is tt attending phyaician. said last night thai Outrun wa very weak, but he does not an'imnale any serious complication Slte Aicoe. sn North Ninth street. I liK-ked up at the police station, rhargwd wits being s suspicious character aomt or litar friend have agreed to erur a ticket for her. after which ehe will be turned out on a promise to lav th city at once, Wtlliam Patterson, whe was srreetsd yesterday forenuoe. got Into a fight wits on of l.is oell snaies at Uie cltv ja.ll last tight snd wa thrown so violently against tn bars that tk forehead waa cut open, Fsur stltebas were requited to doe th wound PERSONAL PARAGRAPHS. H Vance Lab, genera) manager ef the Kenraaaa Telephone oorriparv, ha returned rruut a tnp u.ruugh the biack Jiiii Mies Maym Huiehlnaoa whs ha been erarading me sumauer wit fneitoa at liirmeioiAa and Clear lake, ha returned. Goeemor J H Mickey was la the city between train last cic-ht H left about 1 cieck ever th Buriutun lor I Jijkiiii When those snrp ttnictnre the bont, brami and nerves are poorlr rioi:-ibtd ether c-fran hpw the blight fcrt, euid it'i a general fact that grave disease is always preceded and accompanied by Anrmu weAk blood. If ii. J as made (as Nature intended it should be) like coEtain3njj all the nutritious substances of the best wheat, there would be ro Anera'l. Palat&blo Uatriiicss Easy cf Digestion and Ready to Eat Dr. Price., th creator of Dr. Price' Cream Baking Powder and Delicious FlaTorlnt; Extract. tnpvti bj FK:E CLXLU FCC. CO, Fc.d Kill, B1TTLE CHEEK, KICB- t r'n DENIES VALIDITY OF tACT Eituiitlia Attorney Attacks Itrtrded by CcunoiL Oo: tract HOLDS ACTION BY RESOLUTION VOID Argroes that Cesoeil Ha ho Stlghl to Transact Boeastee of A.UT via Eaeept by lease Ordii lias th city council tb right to trans act any business eacepl by formal ordi nance? Attorney "W. A. teBord says It has not, He has raised this point so one of the prin cipal reason why asphalt repairs should not be mad under a contract awarded to th Barber Asphalt company. According to his argument, made before Judge Day yesterday afternoon, several thousand and on matters that th various councils have disposed of by mere resolution, concurrent or "plain," since the first council was or ganised, were handled contrary te law. Ths contention of the a'.eorney Is that the charter specifically authorises tbs council to do certain thing by ordinance, but provide no other mode of accomplish ing business, stating explicitly that no ex ception will be made unless specifically pro vided. "I challenge anyone to disprove thia statement." be said in court. "The word resolution Is mentioned in the charter but ence, but In no place is authority given te th council to proceed by resolution. All it acts must be carried -out through th dignified and solemn ordinance. The coun cil cannot do business as It pleases, accord ing to numerous court decisions, but must set in a definite way as authorized t d by the power creating it" Beselettee the Rale. The rule with the Omaha council has been to award contracts, order the expenditure of money and, in fart, transact all ordinary business by resolution, concurrent and re- auiring signature by the mayor when to- volvins- monev. and "nlaln when not. Br this means an set could be consummated at a single meeting. Instead of requiring two sessions en diSerent Aaya, as ordi nances demand. Judge Day's decision Is anxiously watted. The case pend'ng Is tb Injunction suit brought by an agent of the Kenranra Bi- tultir.le company te restrain the city from proceeding under a cor tract for asphalt repairing awarded te th Barber Asphalt company by concurrent resolution. Attorneys for the plaintiff hold that one of the reason why the injunction should lssu ia that th proposals exacted pledged the bidder te furnish a surety company bxd for the amount of the undertaking involved, and that the mayor and council have not the right to exercise Boca discre tion, as opposed to a personal bond signed by tw resident freeholder. The arguments will be finished today, but a decision Is not looked Tor Immediately. WAY COME TO OMAHA LATER """" Maortee stags aa Teesatosmrtly Abas ! lens P start SBOit Store atbaav, J bait May Bewowsldor It. Th project of a new department store for Omaha, which was agitated last serins, has been abandoned, temporarily ' at 'east, by th original promoter. Maurice Magnus, a Chicago buolneaa pro-' meter, whe announced during a stay is Omaha last spring that he Intended te establish a new department store here, hag transferred his operations to Pittsburg. P and Is now managing a new depart ment stars there. Mr. Magnus left Omaha with th Intention of returning soon to open a new store, but during a visit ts Pittsburg decided on th latter place. Sev eral month ago a new department store waa opened In Pittsburg under the name of the ramouswtth Via uric Magnus as manager. An Omaha tuerchant whe saw Mr. Mag nus recently Is Pittsburg reports that the latter will shortly leave for Chicago to open another new department star on the West side. Mr. Magna a announced at that time that h bad net aaandoned th project of starting a new otor in Omaha, but said that nothing definite was under considera tion at present. Mr. Magnus ha been very successful In th east as a promoter and wtsbe te extend his operations far ther west. Indian Wosaoa Isieeist. 01!t House, a full-blooded Shoshone In dian woman, la oncupyirig a cell at police headquarters She t on her way froia Sribon loahe. t th government asylum at Canton. S. D.. in charge of Deputy I riled States Marvhal Small. She aa an old woman and violently insane. I'ntil re cently ane has net been violent, but ail her hie has been mors or lee eraxy. Th f-nr-er has been on the read wuh his cVarge over a wees. It required a trip of four days overland te reach the railroad froau the reservation, and during ths everla'is' trip the officer had te camp out whs tr craxy womaji aarb night- At time Aurlr.g tn tnp su has becom e violent tbat sn would try I bit tb snarehal. and would attempt ts reacti enr kind ef weapiw In sight te attach tarn with. On oo oe rasiun near Cheyenne she gave the ofTMter tl alls and was gun fur several hours, but nas recaptured. He had In in ee worn out with watching her that be went te sieep In to ear. but ncllk a lees fjr t untie oftiorr near the same plans a few days aince did net bwe hi prisoner. Mr. Small will lesv this morning fur the South Dsfcota city. Bogbew'e Cwodttlow SoHon, Fred Bug-be th Artver of engine ooea- Kry '. . oho eras severely it Jure by ang thrown from the rear ef a nruok wt-iie easreiaine t-fca UULl pin iDnnfTir 17KEAT FLAKE CELERY er,T.tt.-. whd reported in a very serious condition jeeterciiiy. All through the day he waa or. ; cvmecloua at interval cf a few minute. Hia wile, who was visitlns friends at Chauron. Neb., st the time the accident occuiTed, waa notified and erarted for home, but war delayed ly the fkxid Flie had not arrived at a late hour lart night, WIFE BEATERS G0"T0 JAIL Two Men Charged with Cruelly te Wetaiea eotenred by 'aire Berks. Judge Bertta established a precedent yes terday which will have the tendency of causing all family trouMee to be arbitrated. No lot.ser will the imi-lslve hurthand bump "Mary's head on the mantel piece" In an endeavor to cluing her mind, for in jolle court yesterday two men said to 1 chronic performer at this ghme were sentenced sixty and thirty day respectively. The former was tr. F, G. Welse. living at RSI South Twenty-first street, and the latter T. A. Frawley of lfDC Chicago. Both were arrested last night on complaint of their wives, who said that the men were frequently cruel and that tbey. the women were afraid of thrlr lives. When Wrl wa searched a weapon of his own con struction was found on his person, con sisting of a three-Inch burr secured In a thong of rawhide. Mrs. tTelee said that be had frequently threatened her with thl weapon. Welse on the contrary said that h only carried It to show to hi friends. SALE OF SEATS AT THE KRUG Kate rsieaberger Beys the First Tie Vet M by the Sew Theater. Despite th rain the opening of the ad vance sale of seats for "Sweet Clover." the hiltlal attraction st the new Krug theater, opened with a long line at the box office this anomlng. The first man in- line wa Nate Epresberger. th wholesale milliner, whe had the distinction of being the first man ts buy tickets at the new play house. Mr. Splesherger wl! give a theater party ! Mlndsy night, having taken eighteen seats. I George A Hoar land and Albert Cahn were next In line, and during the morning many other prominent citlaens bought ticket, all of which promises a brilliant opening for the new tboater next Monday night. Tonight the house will be Illuminated, the orchestra will give a free promenade concert and all of the people will be in vited to Inspect tbs interior of the new theater. FLOOD TAKES THE RATIONS Rsaklsg "traters Carry Of Vwoel Co ps ey C at Beaolag-ton Beaolen. of Information was received at department headquarters this morning that Company iG, Twenty second Infantry, in camp at the Douglas Ooun-y Veterans' reunion gronnds at Bennington, had lost all of Its rations and eonsldersfei other company property during the flood last night. Tb company I quartered today ia a hall In tb town of Bennington and ration will b sent Cap bain Stone, In charge of th company, by express at the earliest practicable moment If it 1 found impossible t hav ration hipped te them In time. Captain Ston will be authoriced to buy food for the company at Bennington, rlai, rorketaeak Two lne. Walter Dax, a traveling salesman for a warnian company ef I rtc.in spoils. Ind , and Pred Heath, a barber renlding at in (Mmtii Tenth street, went to a rummer resort te while awsy a few fleeting hour last night, and imhloed tos much strong drink. V ben they returned e the city laie In the even ing they became very aff ectlnnate and embraced each other. After the embrace Heath searched himself and proclaimed in r CLOTHING FOR THE FAMILY FALL STYLES ARE HERE The handsomest Ladies' Fuits we have ever shown are now on exhibition. The derijrna show wonderful cleTerness, character and grace. Ve want everybody to see these Baits we want them to compare the style, quality and price with those of any caeh store in this city. I CREDIT We pladly extend to every worthy person the most liberal terms of Credit in America. No money down a little each payday. We are closing out Shirt Waist Suits, Silk Waists and Shirt Waists at about half price. tr-tor ft a loud and threatening tone that he had l-een touched fur ri pockc tHK-a lie nutu rally arrufel hi irlcnd. the traveling sa .en man. ff taking tti inert While the arau iner t wa gcuiig on a jiMI'eTnr gmhered them bt'h in aid landed them at the ta tlnri. Afier both men had been aesigurd to a ce'.l Heath ent ihroiiph tte searcb li.g pence bci in arid tmind the io' px ketho'.ik coi.tu'nlng tire aii'iirt In ."n ol the recent"- f h clothe The nmotirt Involved in trie allered theft wa 14 SS. Ivotli ruin nert hild. charged with being drunk. Cksraved with tJteallag Watch, . le Tiir: hob 1 held at the police sta tion on the charge of frisking a waieh from the pnrkrl of Carl Olson. The iw' men were having a good time In s oaJonn and Turtle. in t'ijc'.ied to show Olson 'bt latest waltc step. When the dunclng snn sa ever tenon's watch wa gone. He corrr't'ui.ed to tbr imlirt and Tun teeon we arrested. The wairh In controversy wa found on hi person. Fleshes a Barglar. Officer H. E. Jackson thought be sue tm"ije w-orklng at the rear of ffhukert a fur store on Bcuth Ptxteenlh street n.ii pror-rwded ts Invest urn te. He found a broken chieW and a brir-k near the door and the dinr h"-d indications of havina eeri tamjierwd with, but the man who waa doing the lob had fled. COUNCIL OF BUILDING TRADES FTettdrnt of Satlonal fmloras Isaoe Call for Meeltsg to Be Held la October. INT'lAXAPOUS. Aug. ft. Before ad journing today the presidents of seven national building trades unions issued a call for the larger building trades unlnns of the country to send three representa tives each to a conference te be held here October 7. It is hoped at this meeting ts effect the formation of a national federa tion of building trades. REPUBLICANS AT CHICAGO Eseestlve Cwsssnltteej of Lgae Is Aaaasseed to A a a sable Oetober X. - - ' PHILADELPHIA. Aug. V. President J. Hampton Moore of the Republican league today Issued a call of toe executive com mittee of the league, I b held at Chi cago on October 1. faaaragm In Panic. PAT-IS, Aug. St. A fire which broke out In a car of the Metropolitan Vndergrouni railroad at the Hotel d VUle station today caused a panic among tb passenger, who Jumped .from ths train. Several person were injured and on woman fractured her akull. Th other passengers wer leas seriously injured. Weald Eaten. la torreeoeodeata. DKKTER. Aug. C Ths secretary of the National Live Stork associstlon today re ceived letter from Judg C. M. Mile of Hugo. Colo., stating that th dtisen of that town would entertain the Washington newrparier men wh ar on their way west 1LKr Clty These oorresponoents rep- resent the leading papers la th Vnlted State and will travel in a special car and Tem i' Then 7heTwm b. t riTted tT. ; rtmj old-time cowboy chuck wagon supper, In the tvrn!ng tbey will be given a eow- hoy' dano and reception. Brewers Strike In St. Ioeia. 'ST. LOtlS. Aug ZT. Sixty-five engineers snd lie firemen went nut on a strike todsy st the several breweries throughout tbs city. They demand aa Increased pay tor the mnnMir, 1 ,Wiul SI . .Mb kJ a cents an hour instead of & cents lur ta fireman. GaleebmraT Bneee Poetpesoeu GALESBVRG. III.. Aug. r.-The raea at the Galesburg thriving Park emcvtrJaai track mere puetpnocd today on account of rain Cresceu nil) go against ths worlds trotting record on Wednesday, September 1 Park o meow. VEW TORK Aug JT Samuel Parka, walking delegate of the HeuMiamlths' snd Bridge union, convicted of estortioa. was today taken to Sing Sing prison. aata. 1503 000SE SfttEET