Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 17, 1903, Page 3, Image 3

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    THE OMAIIA DAILY BEE: THURSDAY, SEPTEMBER 17. 1003.
FOLLMER IS NOT SATISFIED
Bot Disposed to E Tamed Down ia the
Boyd Oonnty Caies. ,
SOME HISTORY OF THE CONTROVERSY
Time for Completion of New Cells at
the Pvnltentlarr Hns Elapsed
and Ko Work Haa Yet
neen Done.
LINCOLN, 8ept. l.-(8pectal.)-The de
cision of Judge Westover at Butte ys
tsrdsy In the Boyd county land case, In
which he denied the right of Land Com
missioner Follmer to retain counsel, grant
ing the attorney general the sole authoilty
to appear for the atate, haa by no means
pacified the land commissioner to allow
Mr. Prout to handle the case alone, but
It has served to somewhat complicate mat
ters and will eventually be the means of
long and tedious litigation. Attorneys
Ryan and Murfln, who appeared for Mr.
Follmer and were shut out by the court,
were here today but are not yet ready
to say what will be done by them, ft Is
probable, however, that they will make
another effort to get the oases In the fed
eral court. Judge Westover, Attorney Gen
eral Prout and M. F. Harrington, attorney
(of the settlers, agreed to meet In Lincoln
at some later date, at which meeting the
attorneys will argue the case.
Recently the Board of Educational Lands
and Funds passed a resolution giving to
Mr. Follmer the right to proceed in the
cases as he saw fit. The next day, at the
request of ' Attorney General Prout, the
bocrd rescinded Its former action and the
records show that no further Instructions
were given to any one. Follmer and Mor
tensen have voted together and Governor
Mickey, Prout and Marsh have stood to
gether. ,
When court - was called yesterday, Mr.
Follmer was there, represented by Robert
Ryan and Captain K. J. Murfln, the set
tlers by M. F, Harrington, and the state by
Attorney General Prout at tho request of
Governor Mickey. The cases called were
those of Joseph Connot and, William Luedke
who are trying to prevent, by Injunction,
Mr. Follmer from leasing school lands
upon which they are settled. Some months
ago the attorney general filed with the
court a demurrer to the petition, but noth
ing had been done In the case. By rea
son that he alleged the petition was false,
Follmer, f through his ' attorneys, filed an
answer denying the truth-of the petition.
Yesterday Prout moved to strike out the
answer on the grounds that he Is the sole
head of the legal 'department of the state.
The answer wm stfuck out. .
In the case of A. II. Blair and others
against Follmer and County Treasurer
Brown of vBoyd county, Follmei1 presented
a petition . for removal of cause to the
'United States circuit court for' reason
that the questions Involved were federal
matters. Accompanying the petition was
a bond for 12,000 signed by B. F. Knight;
W. T. Auld, R E. Moore. Eugene Munn.
A. 3. Sawyer, Judge J. H. Broady. Joseph
W. Wolfe, S. W. Burnham and J. L. Miller
of Lincoln and C. W. Cuff, M. P. Meholln
and Ed G. Johnson of . Butte. With this
was also filed a power ' of attorney by
Ryan and Murfln from Follmer and Brown
td represent them. Prout moved -to strike
out the power of attorney and the re
moval of petition from thjf flies on grounds
that he, as attorney general, was the only
legal representative of the state. This mo
tion was upheld by the court and Ryan
and Murfln were thrown out of the case.
Previous to this, however, Mr. Har
rington had dismissed the case against
Follmer Individually. This left-only the
tat ltorestd.v ,
' Agree on Procedare. ,
In his speech In support of the motion of
the attorney general to throw out Folimer's
attorneys, ' Harrington stated that he and
Prout had reached an agreement whereby
an amicable suit could be brought and the
case settled by a suit of ejectment, which,
he said, was the only proper way to' settle
It. He said that if Follmer was to have
attorneys they may not agree with himself
and Prout and he would have to continually
hunt., thetii up and talk to them, which
would bring about a state of anarchy.
At a meeting of the board held October
US,. 1901, a petition was presented by ths
holders of the land asking the state to
accept other lands and grant them deeds
to the lands In question. By the unanimous
vote of the board It was decided to deny
the petition Inasmuch as the members de
cided that the land to be taken In transfer
was worthless compared with the land to
be deeded, and it was not constitutional.
At a meeting of the board held .February
11, 1902, Prout moved the adoption of a res
olution that the state aecept other lands.
On this resolution Prout roted in the affirm
ative and Follmer In the negative, Btue'er
and Marsh falling to vote. Follmer then
moved that as the question had been set
tled at a former meeting that nothing fur
ther be done. This was not seconded. Then
again Prout called up his resolution. He
explained that If the board refused the pe
tition the settlers had no appeal. For this
the vote stood Prout In the affirmative,
Follmer negative. Marsh voted yes pro
vided the matter be taken Into the courts.
Bteufer voted yes feeling that the state
eould appeal. Follmer held that the board
had no power to grant the deeds except
awsordlng to the constitution and that the
action of the board was clearly unconstitu
tional. i
Caaa ( Change,
It Is the known views of the attorney
general, as shown by the records, that
made Follmer object to him representing
the state in the case. In Justice to Mr.
Prout his change of opinion is explained
by a statement that when he first looked
Into the case he believed he was working
under the law passed in 1901, granting the
state the power to laue the deeds. He held
that this law was unconstitutional and the
members ef the board agree with him In
that. Ha afterward found the law of 1W1,
and It was under this law be claimed that
the settlers were entitled to their deeds.
This law la chapter article L section 6,
and it reads:
Entry on State Lands by Mistake That
Whenever any person nas Deen allowed a
homestead or pre-emption filing in any
I'nlled 8lates land o if ice In the state of
Nebraska, supposing the land to belong to
the United States or supposing the same
to be open to homestead or pre-emption set
tlement because of being aeUUd upon and
Improved before the survey thereof and
having , Biade valuable Improvements
thereon, or any person having purchased
the filing of any such lands and afterwards
ascertaining that the said lands belong to
the state of Nebraska, the person entitled
to such lands shall be required to make a
showing to the lloard of Kduca.lonal Luanda
and Funds, under oath, thai his tiling was
made In good faith and notfor the purpoee
of speculation and that he supposed the
Sale Ten Million Boxes a Year.
THE FaiaiLTO
BEST FOR
land belongrd to the United States at the
tine he made the homestead and pre-emption
filing or purchased the said filing.
In the office of the land commissioner it
la held thnt no tilings were ever made. Ap
peals to the Interior department have been
turned down in every instance. The land
was known as the Fort Randall Indian res
ervation and could not be thrown open for
settlement, and applications at the home
land offices were turned down. George L.
Loom is took his case to the Department
of the Interior and was turned down,
nhlch fact, the commissioner's office holds,
places Prout in a peculiar light.
Folimer's Position.
The Boyd county land case Is one of the
great problems of the state to rettle. The
land Is part of the Fort Randall Military
reservation and was given to the state for
school lands and was accepted by the state.
All of the odd-numbered sections not ac
cepted by the state were opened to settle
ment by homestead entrymen. The last
report of Land. Commissioner Follmer said:
After the filing of the list of selections
November 11, lh7, Henry Blalr ana some
eighteen other parties attempted to file
homestead applications upon Indemnity
school land selections made by tne state
on odd-numbered sections, all of which
were relm-tpd bv the officers f the United
States land office at O'Neill, for the reason
that the land belonged to the state of tie
braska under Its grant and by reason of Its
selection. They appealed from this decision
to the commissioner of the general land
office, who approved the decihlons of the
local land office, and finally they annealed
from the decision of the general land office
to the secretary of the interior, with the
result that the decisions of the local land
office and the general land office were sua
tnlned and approved by the secretary of the
interior.
Re Work oa Cells.
The time for the completion of one-half
of the cells at the penitentiary, for which
the Board of Public Lands and Buildings
agreed to pay the Van Doren Iron works
of Cleveland IC3.000, elapsed today and no
cells are done. In fact, not a turn has been
made and no member of the board seems to
know anything about when the work will
be done. According to the terms of the
contract, the contractors are to receive
$442 a cell for 156 cells, one-half of which
are to be In place in four months and the
other half In six months. After this time
had elapsed the contractors were to pay
to the state 0 a day for each day that the
cells were not In place.
The state of affairs at the penitentiary
because of the absence of the cells and the
cramped condition of the prisoners Is get
ting worse every day. "It makes discipline
difficult," said Warden Beemer. "The men
are kept together far too much for the
malntalnance of proper conditions. In tact
what we are obliged to ' do Is to corrall
them. Because of this there Is always
dai get of the men trying to get away or
to mutiny."
A meeting of the board will be called soon
to, look Into tho matter.
Methodist Conference.
The Methodist conference was well at
tended today at both the morning and after
noon sessions. Bishop Andrews opened the
session with prayer. The congregation was
ma.ie up mostly of men with a sprinkling
of women. Rev. Spencer of the Christian
Advocate made a brief talk at the morning
session In which he said that of the 197,
000 recently raised for mission work, fully
90 per cent had been furnished by the west.
The women held the fort at the afternoon
session with their foreign missionary so
ciety business.
The committees for 190 announcsd this
morning are:
Auditing: Leander Morrison, J. E. Rlp-
peloe, J. W. Koyce, J. L. Myers, Hi. M
Ifurnam.
Conference relations: J. W. Swan, C. A.
Hale. W. B. Alexander, G. M. Morey, F. A.
Polonv.
Church extension: -X". E. Glwlts. A. W.
Shamel. J. . D. Hamll. D.. W, Wilt, C. P.
I Metcalf.
Current book accounts: jonn v,-aiverr.
H. Zlneck-etv C. X.' Metcalf, ML D. Gideon,
J. a. Rtndard. '' "
Distri t conference resori: , F. v. nenn
H. V. Price. A. B. Grossman, J. W. Darby,
William Van Buren. ...
Krlnratlon: John Qallacher. K. IS. Umil
W. M. Morley. J. E. Houldege, W. M,
v.nlsconal fund: E. La-AVolff. J. A. Nlch
nil. p n Smith J. M. Lewis. David Fets.
rr..iimniyi aid and southern educational
society: N. A. Martin. Charles Burns, Duke
RlRven. R. R. Fletcher. A. W. Coflman.
Missions: Presiding elder, J. II. Presson,
C. W. Wells, H. T. Davis.
Methodist hospital and deaconess home
TV Thomas. U. xvi. Jones, j. ,. vvoou
a. nr Dates. J. W. Warfeed.
Periodicals: L. C. Lemon, L F. Harmon,
P. P. Carroll. F. M. Esterbrook, P. H.
PmtnlHiu and local preachers: B. F,
Burners, M. C. Smith, M. R. Grlsh, W. L.
Austin. . . . -
t'lihiin worshlD: Presiding elder, F. L.
u Hons TV A. Hull. F. B. Blake
more. I. W, Kenargy. W. T. Cllne. G. M.
m,,nHv aMinols- W. H. Mills. 8. T. Wal
vr. c. E. Rows. L. C. Lemon, B. W.
Temperance: J. W. Scott, L. O. Parker,
M. A. Wlmberly, E. M. Evans, if. wnar
Tracts: J. A. Branson. C. E. Rush, J. A,
Rnusey, J. O. Walker. M. 8. Foutch.
Wftm.n'a fnreivn missionary society:
W Rmhree. U. G. Brown. A. M. Perry, G
-AT -r- t. f flrleamhlv.
Woman's home missionary society: M. P,
Dixon, F. S. Fowler, H. W. Cope. W. W,
HIM. J. T. Roberts.
Board of stewards: P. C. Johnson, C. B,
Lenfeet. E. J. Randell, J. R. Woodcock,
n xr iKhntt T If Wnrlev.
Bible cause': W. B. Alexander, C. M,
Shepherd. E. I Wolff, W. M. Worley, J. T,
Roberts.
Wonkas, Declared Insane.
PLATTBMOUTH, Neb.. Sept. 16. (Spe
cial Mrs. Samuel Chambers. 60 years of
are. has been examined and pronounced in
sane by the Board of Insanity. The patient
returned from Oklahoma last Saturday
evening, where she had been making her
home with her husband and a daughter
since last spring. Being penniless and with
out means of support upon her arrival here
she was cared for by friends until she was
sent to the county farm. Since that time
she has shown unmistakable signs of In
sanity. Shs appears to be greatly worried
because her relatives have cast her off and
refuse to care for her. She was robbed of
about 1150 last spring, and her son-in-law
John Qreeson, Is now in the county jail
charged with the robbery awaiting trial
Mr. Chambers resided with his family an
supported thenV here for many years, but
has been living in Oklahoma for eight or
ten years. He is a carpenter by trade.
Fined for Selllag Diseased Hogs,
WE8T POINT.. Neb.. Sept. 16--(Spectal.)
Charles G. Doeecher, a prominent farmer
living west of the city, was arraigned In
Justice court yesterday, charged wflh sell
ing diseased bogs to a local dealer for
shipment. Doescher was found guilty and
sentenced to pay a fine of t2i and the costs
of the prosecution. The case will be ap
pealed to the district court
larpy Coaaty Saves ICspense.
PAPILLION, Neb., Sept. 16. (Special.)
Ira Ketchum, the young man Implicated In
the criminal assault case with Edward
Snodgrass and who has been confined In the
FaVORITC MKOiCIHC
THE BOWELS
Omaha jail for the past two months wait
ing for trial, has been released. Judge Day,
In district court, dismissed the rase against
both men as young Bnodgrssa had married
the complaining witness, Miss Glassmann.
This case created a great deal of excitement
throughout Sarpy county, as all concerned
are well known. The abrupt ending of the
case, while not looked for, saves a big ex
pense to Sarpy county. '
Good Prospects for Fair.
AUBURN. Neb., Sept. l.-(8peclal.)-
The Nemaha County fair opened here yes
terday. On account of bad condition of
the track the races of yesterday were
postponed until today. The fair is going
to be a good one. The exhibits are fine,
especially as to fruits and vegetables.
Floral hall is a sight worth seeing. The
races will be second to no county fair in
the state. Some of the best horses in the
west are here, r.nd In this respect will be
second only to the State fair. The weather
haa cleared up and rfhe management is
confident that success Is assured.
Fight oa Telegraph Rates.
NEBRASKA CITT, Neb., Sept. l.-(Spe
clal Telegram.) A war Is being waged here
over telephone rates. The Nebraska Tele
phone company has announced a raise to
13 for long-distance 'phones and as a re
sult the local grocers' association Is try
ing to have business houses discontinue
tho service. The butchers came back at
them today with a counter proposition that
11 grocers discontinue the sale of salt
meats and lard. The outcome of the fight
Is still in doubt, but It is expected that the
rocers will looee out.
To Superintend. Horticultural Exhibit.
PLATTSMOUTH, Neb., Sept. 16. (Spe
cial.) E. M. Pollard of Nehawka. In this
county, will superintend the Nebrsska hor
ticultural exhibit at the Louisiana Purchase
exposition In St. Louis next summer. He
has been authorized to pay fancy prices for
extra flne apples and requests those having
some to dispose of to write to him. He ex
pects to procure from JOO to 400 barrels of
the very best apples grown in Nebraska.
Robbed While on Train.
FREMONT, Neb., Sept. 16. (Special.)
H. W. Field, who claims Sioux City as his
residence, was robbed of his watch and
chain on a Northwestern, train yesterday
between Blalr and this city. Field says a
very pious, devout-looking stranger occu
pied the seat with him and he thinks the
stranger relieved him of his watch while
he was about half .eep. He i'.A not know
when the man left the train.
Sarpy Coaaty Fair Opens.
PAPILLION, Neb., Sept. 16. (Special.)
The Sarpy county fair opened at Springfield
yesterday. The day was cold and rainy and
the attendance was very low. The several
departments are well filled with exhibits
and a good racing program has been pre
pared, some very fast horses having been
entered. A long list of other sports will be
carried out, which will make this the most
successful fair in years.
Hnsband ia Jail To Maeh.
FREMONT, Neb., Sept. 16. (Special.)
Mrs. Lucy Etherton yesterday filed a peti
tion for a divorce from her husband, Tom
She charges him with cruelty and drunken
ness and says that b its been in Jail for
various oirenses much of the time since
their marriage, a year ago. Both parties
are well known to the police, both In
Omaha and this city.
Arrested for Forgery.
FREMONT, Neb., Sept. 16. (Special.)
Sheriff Bauman returned from Seward this
morning with Charles Hope, who is wanted
here for passing a bogus check on W. H.
Dixon. Hope works the deaf and dumb
graft, and it Is thought by the officers that
he' has beerf implicated 1n other .'forged
check transactions.
I
Blind Institute Opens.
NEBRASKA CITT, Neb.. Sept. 16. (Spe.
clal Telegram.) The Nebraska Institute
for the Blind opened for the term today,
with a full corps of teachers and an at
tendance that compares favorably with
other years.
Champagne?
If It's the taste end sparkle you want.
I'll bring you Cook s Imperial.
Redwood Lnnibrr Mea Organise.
SAN FRANCISCO, Sept. 16.-An Organiza
tion of redwood lumber merchants and
manufacturers of California has been per
fected for the purpose of handling for the
eastern maraei tne inrge aemand for red
wood lumber, in organization, which ha
a capital of il.000.nuo. Includes ten of the
largest producers of redwood lumber In the
state. The headquarters of the new con
cern wui be at, Jos Maaenoa, cat.
Plso's Cure has cured coughs for many
years. It Is still on the market. 26c.
FORECAST OFjJTHE WEATHER
Promise of Fair Thursday, Warmer ia
Western Portions Fair and
Warmer Friday.
WASHINGTON, Sept. H.Forecast :
For Nebraska: Fair Thursday; warmer
in western portion; Friday, fair; warmer
For Iowa: Fair; continued cool Thurs
day; Friday, fair; warmer.
For Illinois: Fair; continued cool Thurs
day; Friday, fair; not so cool In Interior
fresh north winds.
For Missouri: Fair; continued cool Thurs,
day; Friday, fair; not so cool.
For South Dakota: Fair; warmer Thurs
day and Friday.
For Colorado, Wyoming, Montana and
North Dakota: Fair; warmer Thursday
Friday, fair.
For Kansas: Fair; continued cool Thurs
day; Friday, fair; warmer.
Local Record.
OFFICE OF THE WEATHER BURKAU.
OMAHA, Sept. 16. Official record of tem
perature ana precipitation, compared with
the corresponding day of the last three
years.
mi. i9oe. ism. lsoft
Maximum temperature... 68 80 66 69
Minimum temperature So 69 49
Mean temperature 47 70 66
Precipitation T .00 .00
Record of tempera .ure and precipitation
a i uuiuna ior mis iruy anu since March i
Normal temperature ,, 61
lieficlency for the day i$
Total deneienoy since March 1
Normal precipitation 10 Inch
Iieficlency for the day 10 Inch
Precipitation since March 1 29.77 Inches
Excess since March 1 (.41 Inche
Deficiency for cor. period 19"2.... 2. 4ii Inches
Deficiency for cor. period 19U1.... 6.85 Inches
Hepurta (rant Stations at T 1. M.
alii
i-ili
: :
. . i .
604 68 T
44 4X .00
60 68 .00
4 60 .00
64 66 .00
42 481 .00
44 461 T
44 46 . 00
6 66 .08
48 64
6fi t.' .00
60 62 . 00
6- 64 .00
64 66 .ft!
6" 62 .00
421 44! T
CONDITION OF THE
WEATHER.
Omaha, cloudy
Valentine, clear
North Platte, clear
Cheyenne, clear
Salt Lake City, clear ...
Rapid City, clear
Huron, partly cloudy .....
Wllllston, clear
Chicago, cloudy
Pt. Louis, raining
St. Paul, cloudy
Davenport, cloudy
Kansas City, clear
Havre, partly cloudy ....
Helena, clear
Bismarck, partly cloudy ,
Galveston, partly cloudy
T" Indicates trace of precipitation.
L. A. WELSH. Local Forecaster.
"Garland" Stoves and Hanges bake the
bread and roast ths meat that make ths man
PARTY CONTROLS WRITERS
Social iJemocracy of Germany ExaoU Strict
Obedience from Members,
MAY NOT CONTRIBUTE TO NEWSPAPER?
By Overwhelming Vol the Conven
tion at Dresden Takes Action
Which Caases Mneh Bad Feel
lag la Organisation.
DRESDEN, Sept. 16. The Socialist con
gress, after two days' discussion of the
literary activities of members of the party,
decided at noon today to close the debate,
and the personal explanation of various
writers began. Herr Goebre, Pastor Bern
hardt and Helnrlch Braun endeavored to
defend themselves from Herr Bcbel's
thunderbolts, but only succeeded in com
promising their reputations for sincerity.
Frani Mehfing, the celebrated historian of
social democracy and a septugenarlan,
arose and resigned the editorship of the
chief scientific review of the party until
he has rehabilitated his character.
Herr Bebel's inquisition into the char
acter and consistency of a large number
of the younger revisionist writers brought
the congress Into a frame of mind far from
friendly to the "academicians," who were
endeavoring to find admission Into the
party, conditional on passing a stringent
moral examination.
The roll call on a motion that the party's
executive prevent members of the party
from contributing to the "capitalist press"
resulted in Herren, Vollmar, Heine, Auer
and eighteen others voting against it and
238 voting for the motion. Herr Bernstein
aroused a storm of mockery by refusing to
vote.
Herren, Bebel, Singer and Kautsky form
ulated tonight their resolution on the pro
posed revision of the party program. The
resolution condemns tho proposition that
the party accept a vice presidency of the
Retchstirg and calls on the congress to
disassociate itself from tho "endeavors to
replace the well-tried tactics and class
conscious warfare of the proletariat against
the capitalists by a policy of reconciliation
with the existing order of things."
The consequence of such a policy, the
resolution adds, would be to convert social
democracy, which is revolutionary in the
best sense of the term, since it aims at the
transformation from a capitalist to a
socialist state Into a party content with
mere reforms, of the existing system. The
resolution also instructs the socialist mem
bers of the Reichstag to employ their in
creased power ruthlessly In combatting
militarism, naval increase, colonial ex
pansion and the so-called world policy and
to further political freedom and the In
terests of the working olasses.
Socialism Barred . from Army.
BERLIN, Sept. 16 General Von Elnem,
the new minister for war, has issued a de
cree forbidding noncommissioned officers
and privates from having In their posses
sion or distributing any revolutionary or
socialistic writings without the permission
of higher authority, or singing sengs, ut
tering cries, giving expression to any so
cialistic sentiments or from attending any
meeting, contributing money to, or belong
ing to any society without 'the permission
of their officers. The decree concludes with
citing the articles of the military code un
der which the offenders will be tried.
CORN HOT BADLY DAMAGED
(Continued from First Page.)
weather are needed to ripen the corn crop,
With such a condition staring us in the face
the situation is very grave."
The skies cleared bvef nost of Iowa to
night with falling temperature.' Frost is
expected in all but the southeastern and
part of the eastern section. Killing frosts
are expected only In the northwestern
quarter. It is cloudy at Burlington.
CRESTON, Ia Sept. 16-(Special Tele
gram.) A heavy frost fell here last night
and the ' thermometer dropped to within
twelvo degrees of freezing, but there was
no damage to growing crops, save the little
that was done to the more tender garden
truck, as tomatoes and cucumbers. The
sky was overcast with clouds until after
midnight and -the frost disappeared early
in the morning.
BURLINGTON, Ia., Sept. 16. (Special
Telegram.) With a temperature of 46 above
sero, southwestern Iowa and the adjacent
portion of Illinois has as yet escaped a
killing frost. A heavy bank of clouds covers
the sky and, it Is believed, will prevent frost
tonight.
Frost Helps South Dakota Corn,
ABERDEEN, S. D., Sept. 16.-(Speclal Tele
gram.) A heavy frost last night was fol
lowed by rain this morning. Little if any
damage was done to corn which was mostly
out of danger. It will probably benefit late
corn by stopping growth. All early corn
Is safe and considerable harvested.
HURON, S. D., Sept. 16.-(Speclal Tele
gram.) Fully three-fourths of the corn
crop of the state is beyond injury by frost
and last night's frost damaged only late
planting. The temperature averaged St de
grees over the southern, central and east
ern portions of the state, which Includes
the corn-producing districts.
MITCHELL, S. D., Sept. 16.-(Speclal Tel
egram.) The first frost of the season oc
curred here, last rtlght. Little damage was
done to the corn as it was well out of the
way. Some corn planted late In the season
will be injured quite severely.
Snow In Colorado.
ELDORADO, Colo., Sept. 16. It has been
snowing here since Sunday night, and
number of the mountain trails and gulches
are almost Impassible. In Berthoud Pass
there is over two and one-half feet of snow
The heavy fall at this time of the year is
very uncommon.
PUEBLO, Colo., Sept. 16. A heavy frost
this morning ended a streak of unseason
able weather, which has retarded the open
ing of the Colorado state fair. Today it la
bright and clear.
The frost cut short by two weeks the ex
tensive melon Industry of the Arkansas
valley, already shortened by the lateness of
spring.
DENVER, Sept 16. A severe frost and
freese last night In this vicinity and
throughout the agricultural district of
northern Colorado , caused much damage
to all crops except sugar beets. Potato
buyers at Greeley estimate that the potato
crop will be diminished by 1,000 car loads.
Conditions la Missouri.
ST. JUBEl'H, MO., tsept,. 18. No rain, no
wind and clear skies are conditions In
northern Missouri late tonight. It Is be
lieved that a heavy frost has nipped vege
tation badly and that late corn will be
severe sufferer. Temperature In northern
counties ranges from 38 to 46.
Frost Likely In Kansas.
KANSAS CITT, Sept 1.-The weather
tonight In eastern and central Kansas Is
favorable to a frost clear and without
wind. . In Kansas City the temperature Is
higher than last night, when there was
no frost here. Topeka reports that a kill
ing frost is expected and. other points In
Kansas and western Mlasourl express the
same belief, but It Is not known that there
has actually been frost. Last night's frost
In Kansas visited the northern tier ct
counties from Concordia west. Increasing
In severity from east to west.
TOPEKA, Kan.. Sept. 1.-Temperatures
In Kansas are from i to 11 degrees lower
than last night, and a heavy frost on the'
corn In the northern, eastern and central
portions of the state Is practically a cer
tainty on account of the clear skies. Farm
ers do not expect the corn to be ruined by
tonight's frost, but It will make the yield
Inferior.
Damp Weather In Minnesota.
ST. PAUL, Sept. 16. -The weather In Min
nesota continues damp, and the weather ob
server says that Is the only reason why
there la no. frost In this state. -Me says
that reports received here today show from
heavy to killing frosts from Huron, S. D.,
to North Platte, Neb. He. has reports of
killing frosts at Huron, Sioux City, North
Platte and Blamartk, N. D.
A dispatch from Beresford, S. D., which
Is the center of the corn growing country,
says that a killing frost came last night
and that corn suffered badly. It is esti
mated, however, that two-thirds of the
crop Is safe.
Dispatches from Vermilion and Miller, S.
D., say there was a killing frost in those
sections of the state and that corn suffered
greatly, although the crop was too well ma
tured to kill It entirely.
Dispatches from the northwest continue to
give damaging reports from frost. At Lu
verne, Minn., water had a covering of Ice
a quarter of an inch thick. About one-third
of the corn crop In this country was injured
At Rock Rapids, Ia., a heavy frost damaged
corn. This afternoon the clouds which have
been hanging over this city for ten days,
were dispelled by the sun and clear weather
prevails. The air Is cold and the weather
bureau forecasts fair weather tonight with
frosts. x
ST. PAUL, Sept. 16. At 11 o'clock tonight
the sky was overcast and there was no
frost In this immediate vicinity. The ther
mometer stood at 46 and there was a
rather fresh breeze from the east.
Conditions In Wisconsin.
MILWAUKEE, Wis., Sept. 16. So far as
heard from the weather bureau reports no
frost in Wisconsin last night. The lowest
temperature reported comes from LaCrosse,
where 4S degrees was the mark. The
weather bureau looks for frost tonight.
THREE-FOURTHS CORN SAFE
Bulk of Nebraska's Crop Not Reported
Injured by Heavy
Frost.
"There were heavy frosts In this Imme
diate vicinity, but not to say killing frosts
last night," said Weather' Forecaster
Welsh yesterday. "Killing frosts were
prevalent all over north-central Nebraska
and generally all over the state except
from Omaha south in the southeastern
section of the state. Killing frosts pre
vailed also in north-central Kansas from
the direction of Hays City. The minimum
temperature here at Omaha was, at 7
o'clock this morning, 36 degrees. Killing
frost also prevailed up the Missouri valley,
through western Minnesota and in north
western Iowa The temperature reported
from North Platte this morning was 26,
and Fairmont 32. Our reports indicate
clearing weather this morning from the
Missouri river to the mountains. The in
dications are for continued cool tonight
and frost with Indications for rising tem
perature tomorrow."
From the Burlington, Northwestern and
Union -PaclfVp railroad headquarters come
reports of a general rrost over the state
Tuesday night, but not over a fourth of the
corn crop damaged. The reports which
are sent In by tjie railroads agent tell of
only slight damage, taken as a whole, to
corn.
The northwestern part of the state suf
fered the most, and the temperature was
as low as 24 at Curtis. From Mlnden to
McCook, ayery heavy, frost was evident
yesterday morning, with a clear sky and
stiff wind. Practically no frost of any conse
quence fell along the Wyoming division of
the Burlington, and indications are for
warmer weather. Along the northern di
vision, the thermometer registered 27 at
Burwell, and the heavy frost fell through
this territory. West of North Platte, on
the Union Pacific, the frost was thick,
but from North Platte to Grand Island,
none was evident, although the sky was
clear and a good breeze was blowing.
The temperature ran from 24 to 60 at va
rious points In the state, and the western
half had a clear sky, with very cold
weather, while In the eastern half the sky
was partially cloudy with very little breeze.
Up along the Wyoming and Nebraska di
vision of the Northwestern the farmers are
not alarmed over the frost, as most of the
corn Is beyond hurt, and what little was
nipped is in the lowlands.
It is estimated that not over 25 per cent
of the crop is damaged, and this is to a
very little extent. The heaviest of the
frost seems to have been to the north of
the corn belt, and that which did occur in
the territory where the most corn ia
grown was light and of no serious nature.
The corn is so far advanced that the light
frost will not hurt It any, but may do it
some good. '
Rain Is reported in several places In the
state, turning to snow toward morning,
but thex fall is very light. No serious
results arc feared from the frost, as, al
though It was general, the crop was strong
enough to withstand it
Interest and anxiety over the crop con
ditions yesterday were Intense, being
reflected nowhers in Omaha as much as in
the Board of Trade, where all were out
early to get the right tip. The effect Was
prompt and apparent in the pool. Al
though steady Tuesday the corn market
began to tremble at once and started up
with the first bids. Shortly after noon It
was about 1H cents up and holding with a
strong grasp,' which grain men said war
ranted a still greater rise.
It's the
Long, Strong
Stick
That Does
The Trick.
Burns a full half minute.
Every box contains a Valuable coupon,
' As your grocer.
TH! DIAMOND
SIR THOMAS UPTON IS ILL
English Baronet it Vert Sick at Anditorinm
in Clicago.
EMINENT DOCTORS IN CONSULTATION
Physicians First Diagnose Trouble as
Inflammation of Bowels and
tomaeh, but Later Agree
It Is Appendicitis.
CHICAGO. Sept. 16 The physicians in at
tendance on Sir Thomas Llpton declared to
night, Just before leaving their patient, thnt
his condition whs satisfactory and he was
not in any Immediate danger. A consultation
wns held by the doctors enrly In the even
ing and they gave the friends of Sir Thomas
to understand that the necessity of an op
eration, while not obviated, was not Im
mediate. Alexander II. Rovell, who left
the bedroom of Sir Thomas Just ahead of
the physicians, said: "The chances of nn
operation being necessary are quite remote."
Shortly afterward, when the physicians
were leaving. Dr. Senn remarked to one of
the physicians as they descended in the
elevator: "We shall be quite lucky to pull
him through this without an operation."
The physician addressed made reply, but
his manner Indicated that he did not dis
pute the opinion.
The greatest care Is being taken of the
distinguished patient. Everything that can
be devised for his comfort has been done
and during his illness at least one of the
physicians will constantly be at his bed
side. Physicians Issue a Statement.
Sir Thomas Upton is suffering from
"oolltls and catarrhal appendicitis," ac
cording to an official statement made by his
physicians this afternoon.
Assuming the public to be in possession
of the fact of the distinguished English
man's Illness, the statement was Issued as
follows:
The disease colitis and catarrhal ap
pendlcltls Is progressing favorably and the
conuiuon or me pimeni i wnisii:iujyi
HOMER THOMAS. M. 1).
UEOKCSB W. WEBSTER, M. D.
NICHOLAS SENN. M. D.
Sir Thomas complained of a pain In his
stomach yesterday morning when he ar
rived in Chicago to be the guest of Alex-
ander H. Revell and incidentally to look
after his business interests here.
A few hours later he was compelled to
take to his bed In his apartments at the
Auditorium Annex. Last night the phy
slclans whose names are signed to today'i
statement held a consultation and It was
decided the patient must remain Indoors
for a few days at least.
The few social engagements which had
been prepared for him were canceled. This
morning word came from the sick room
that the patient was suffering acute pain
and another consultation of the physicians
was called. A thorough examination was
made and the case diagnosed as given in
the statement prepared for the press.
CHICAGO, Sept. 16. At 10 o'clock the
condition of Sir Thomas Llpton had not
materially changed. The physicians in
charge said early in the evening that an
other bulletin would be Issued at 6:30. It
had not made its appearance at 10. It was
announced, however, that the condition of
the patient was "satisfactory." No posi
tive decision had been reached as to
whether or not it would be necessary to
perform an operation, but the opinion of
the doctors was that the probabilities are
against the necessity of such a step.
KEEPS OUT OF CAMPAIGN
President Roosevelt Authorises State,
meat Regarding His Position la
'' New York Contest.
NEW YORK, Sept. 16 President Roose.
velt's attention having been called to the
letter of District Attorney Jerome, ad
dressed to a member, of the Citizens' union
Id which 'mention ws made of the presi
dent's position in the coming mayoralty
campaign, the following authoritative
statement was given out tonight:
It Is authoritatively stated that the
president s position In the mayoralty sit
uatlon Is as follows: The president has
not inierrerea ana win not interfere in
any way. shape or manner, either for or
against the nomination of any candidate
for mayor, as an individual, the pre:
dent Is of course keenly Interested In the
success of any movement for good govern
ment in New York City as in any city in
the land, but the president does not re
gard it as any part of his duty as presi
dent to use ins position to influence In
any way municipal elections.
Meeting of Oth Ward Republican Club
There will be a meeting of the Sixth
Ward Republican club Friday, September
is, at i-innwooa nan, i wenty-iourtn and
Burdette streets. Good speakers have been
engaged for the evening. Candidates all
invited. N. C. PRATT, President,
SAM C. WALKUP, Secretary.
CORBIN TO INSPECT POSTS
Will Visit His Old Regiment and
Look at Sereral Forts la
Montana.
HELENA, Mont., Sept. It A telegram
announced that General H. C. Corbln will
come to Helena next Monday for the pur
pose of inspecting Fort Harrison.
The Twenty-fourth infantry la General
Corbln's old regiment, he having been first
lieutenant and then captain of Company
G, which is "now stationed at Fort Har
rison. He will also Inspect Forts Missoula
and Asstnnlbolo.
MATCH CO.
BEAT
25 Per Gent
SUCTDOD
SALE
THE FURNITURE EVENT OP THB
SEASON. WE MIST REDUCE OUR
PRESENT STOCK OF FURNITURE,
RUGS AND CURTAINS 25,000.00,
You will find some couvliintng arguments
In the following list:
25 Per Gent Reduction on
Library Tabes
Former Sale
Price. Price
Table $74.00 6S8.M
Mahogany Library
Mahogany Library
Mahognny Library
Mflhniranv I Jltrnrv
ianie 6ft.w 41.
Table 4R.00
Table 44.00
ST 75
33
P7.1S
24.00
Weathered Onk Llhrnry Tubie!! 49.00
aianogany unrary inuie 3i.W
25 Per Cent Reduction on
Parlor Tables
Former Bnle
Price. Price
M.no L-9.a
06.00 42.00
Mnhoganv Parlor Table ...
Mahogany Tailor Table ....
Mahogany Parlor Table
Mahoannv Parlor Table
65.00
41 25
20
16.60
10 60
1J 00
1600
1500
12 it
.00
on
27.00
Mahogany Parlor Table 23.00
Mahogany Parlor Table 14.00
Mahogany Parlor Table 16.00
Mahoguny Parlor Table Jo.00
Golden Oak Parlor Table tO.OO
Golden Onk Parlor Table 16 50
Golden Oak Parlor Table 12.00
25 Per Cent Reduction
Sideboards
Former Sale
Price. Price
Golden Oak Sideboard
lo.eo l.nr
Golden Oak Sideboard
Golden Oak Sideboard
66.00
66 00
07. 50
45.00
S3.00
42.00
41.26
65 63
8.1.75
26. n
Mahogany Sideboard .
Golden Oak Sideboard
Golden Ouk SideboarJ
Curtains and Rugs
WE ARE MAKING A 26 PER CENT
SPECIAL DISCOUNT ON EVERY PAIR
OF LACE CURTAINS IN OUR STORE.
ROOM SIZE RUGS.
WERE SlO.Otl 9x12 and R-3xlO-6 Royal Ixiw-
ell and Uundliar Wilton Rugs, qq -ip
Discount Bale price '. Wn III
WERE 135.(09x12 and R-Sxl0-6 Body Brus-
nels and Klgelow Axmmster ic flfl
Rugs, Discount Sale price COiUU
WERE 123.0(19x12 Brussels and Jap Orlerf-
tal Rugs Discount fR (in
Sale price 13. UU
WERE $10.00 Our full line of fine mercer
ised Portieres, in Oriental and plain col
orsDiscount i cn
Salo price i3U
WERE 35c AND 40c All our S5o and 40o
Jap China Mattings nr.
Discount Sale price nWM
Baker Furniture Go,
1315-17-19 Farnam St. 1
A ikin of beauty is joy fortvtr.
D
R. T. FELIX GOURAUD'S ORIENTAL
CKtA.tt, OR MAGICAL BEAUTIFIES
fUmoTM Tan, Plmylaet
Fracklaa, Moth PkUh,
Rhb n BKta Dl-
nuiMM, and nf
r f I. k w. ... .
,'fi ana SMMtim.
U au mim4 th im
I aiiy-ST fHn
SB ! M hAMalMM
UaU It U
sura It Is traparlr
m4. ' Aeopt "
eoontorfttt at slnl-
I tr nra. Dr. U.
j t IA. Sayra mi U .
lon (s pttlMil):
as roe isaim
will m than. I
raiommiDd
'OOUHAVD'S CREAM'' a th laast
harmful or all th akin Draparatlona." For aala a
all lru(titi and fancy good! daaltra la to ValUS
Stat and Europe.
FERD. T. HOPKINS, Pron'r.
IT Oraat Joas it.
HAND
SAPOLIO
FOR TOILET AND BATH
f Delicate enough for the softest
kin, and yet efficacious in removing
any stain. Keeps the skin in perfect
condition. In the bath gives all the
desirable after-effects of a Turkish
bath. It should be cn every wash
stand.
ALL GROCERS AND DRUGQISTS
TUB CARE OF TUB HAIR
htMiltl b of .ntrM to tvny wom. HGym
BictxhtrrMtcto b roftoMsf o tl Mfesfoi iVm
or iTatfto to jr ghtrta Julioa.
The Imperial Hair Repnsratcr
is the ark cowled red BTAXPA &n H ATB
OOLORJKU of tillage. It la aaauy as
plied, make th balr soft and giuasy, "is
abaolutelj' harml. KauU M balr eA-
flrtAi 'ttt v it il i iiHT siwfiil iiil
lni.si
im! chemical Co.. IJi W. Ukl kH.. IV X.
bold
by btiernmn c JJ. Council Lrug Co..
(Jm.ha. Neb.
SCHOOLS.
Racine College
Grammar School
"THE SCHOOL THAT
MAKES MANLY BOYS"
Pupils Stndy Under an Ii9tru"tor.
Its Jrailuat...s enter any College
or University. Social end Ath
letic Advantages. Military Drill.
For Mora of H to 17 tears Old.
Illuatratcil Catalofu aant oa application is
Henry Douglas Robinson, Warden
Itaclue, Wis.
Evory Vafcman
M yawani ann anoua nw
alwU U edartal
MARVEL Vrhlrlisfl Ssray
iMaewVatataiarriata.
M Aafft. BOW ah
M-rM 1-4 Ca )(.
OytT? """ laI
Iff raa raM fcr h.
If K ,nnl Ulhlal. ih.
AHhrr. but nand M.rnnf4rll-
futtrotod book . It oio
full porllrni.oraontl ilrorttf.nl ln-
a)llljOtO lO'ilOO. nH lLl 1
Poo in 14 TtnN Bid.,
Ckovra Tkaa All (HI
DR.
McCREW
SPECIALIST
TraaU all lams el
DISEA8E8 OF
MEN ONLf
A Busies! cm'
7 2t Vesrs Expert.
J. It YaardnOsjiit
N""' Nr0,OOOCaiCr4
Varteoeala. Hrlroe!. Sloxl foiaua, strict.
glt. Nartoua twkllllr. Laas of Slraagia aaa Vila.
Ilr ana all funaa of chronla 4laas.
Treatment try nail. Call or writ,
tar II . lata H., Oaaaaa. Mak.
a i
S