TIIE OMATIA DAILY DEE: SATURDAY. FEBRUARY 6. 1904.
Ay
P Hair
0sS
Vigor
bars used Arer't Hair VUror, and
ran truly My that it doe Just exactly
yon say It will da I am greatly
pleased with It" Dr. J. A. Wooten,
Madison, Ind.
Only' 35? You look at least 60 1 Restore
color to your gray hair. Keep young. Why
not? No need growing old so fast. No ex
cuse now that you know how'Ayer's Hair
Vigor always restores color, all the dark,
deep, rich color of early life.
ti.ee a sottis. au tntfitt.
I. C. Art Oo., LowsU, Mas.
WOULD RELIEVE A DESERTER
William Deles Dernier Applies to
Jadce Manser oa Behalf (
Hla loi,
PLATT8MOUTH. Neb., Feb. l.-8rclal.)
-Application wm made to Judjrs Muncer
yesterday for tha dlsrharas of Cheatar
Xle Dumler from the United States navy,
for the reason that at Jhe tlma of hla cn
' llstmsnt he waa a minor and did not have
the consent of hie parent.
After a year or more of service the young
man bmuna tired of It and took French
leave, reaching hla home In Cass county
last Saturday. Hla father, William Delea
pernler, a member of the lower house of
the Nebraska legislature from this county,
realiaea the Irregularity of the boy'a pro
cedure and la taking steps to ssrve him
from the dishonor of arrest and deaertlon.
A writ of habeas corpus waa Issued by
Judge Munger. which will allow the boy to
remain at home until February , when the
matter will come up for hearing.
Call Prohibition ConTentlon.
ASH LAND, Neb., Feb. 6. To County
Chairmen and Members of the State Cen
tral Committee of the Prohibition Partv:
Tou are hereby railed to meet at the Lin
coln hotel, l,lncoln, on Friday, February
end plHce of holding the next state prohlbl-
i-iMivviiiMiii nun iot ine transaction
of such other buslneea as shall properly
n nig mecuns;. ceMioni at u
n. m nn i:m p. m.
; W. IiL'RT CLARK. State Chairman.
Andrews I.ectmres at Grand Island.
GRAND ISLAND. Neb.. Feb. 6. (Special.)
-Chancellor Andrews delivered a lecture at
v the First BaptlatN church last evening on
; 'The Future of Great Britain." the event
''j being a number of the Grand Island col
lege lecture course. ' No reference waa In
any way made to any recent controversies.
svierine Lisrat riant Renames.
GLENV1LLE, Neb.. Feb. .-(Speclal.-The
electric light plant at Glenvllle has
started up again after laying Idle for a
year or ao. Glenvllle Is supposed to be the
smallest town In the state having an elec
tric light plant.
Many Jot Roosevelt Clan.
SCHUYLER, Neb.. , Feb. '.(Special. )-t
' Karnes .of candidates for membership In
..the Roosevelt club are being rapidly se
iv cured, over 160 nsmes now being obtained.
Organisation will be effected Friday night
of next week.
:
Bastaess Change at OleavlIIe.
. aLE,VVILLE...feb.. b. . (Special.)
. Frank -Ftaor1'f ihls place sold his large
fcrtck building to Charles Brandt; consld-
CATARRH
and all germ 'diseases, such as
Consumption, Bright's Dis
ease, Diptheria, Dyspepsia and
blood disorders generally,
acute or chronic, are almost
immediately arrested, and, in
time, completely and perman
ently cured, by RADAM'S
MICROBE KILLER, the only
universal remedy founded on
trie germ theory of disease.
ifteen years of success and
thousands of certificates attest
its incomparable value.
Write for Free Book. '
r The Wm. Racism Microbe Killer Co..
in Prince St.. New York, or
; Vyera-DUIon Co., nth sn3 Farnam. and
All Drugglats.
eratlon, fi.OOO. Mr. Brandt will take pos
session about April 1. Mr. Flesner resigned
hlspoaltlon aa postmaster in the letter's
favor.
LUIKART SEEMS TO BE DYING
Kerfolk Banker Slowly lakla( sal
Dorters Think Ead
Is Rear.
NORFOLK, Neb.. Feb. I. (Special Tele
gram.) At an early hour this evening
Hon. G. A. Lulkart waa reported to be in
a dying condition. He lay unconscious all
day, reviving for a short time about noon,
when he asked for something to eat, and
Immediately relapsed Into a stupor. His
attending physicians report him slowly
sinking. Dr. A. F. Jonas of Omaha ar
rived this afternoon, being called In con
sultation, instead of Dr. John E. 8um
mers, jr., who was unable to come.
Farmers' Elevator Pays.
YORK. Neb.. Feb. .-(SpecIai.) At
meeting held this week of the York County
Grain association the following were elected
officers: George Hurbert, president; J. J
Price, vice president; Charles Hill, treas
urer; W. L. Klrkpatrlck, secretary; dl
rectors, Dennis McCarthy, T. H. O'Brien,
James Barr, E. D. Mareellua, Robert James
and Martin Price.
This company waa organized In July,
1908, and leaned the elevator of the T. W,
Smith company en the Burlington rlght-of
way In this city and employed T. W. Smith
of this city as manager. Stock to the
amount of $3,220 waa subscribed and paid up
and Its membership, consisting principally
of farmers living near York, Is 110. This
company at this meeting paid a semi-an
nual dividend of. I per cent and in add!
tlon to this had a nice amount to place
to surplus account. They claim to have
handled more tonnage of grain than all the
rest of the grain dealers In York. While
there has been no grain war, but owing
to the number of elevators here and this
being the headquarters of several large
elevator companies, this new company has
had hard competition and has bought grain
on a closer margin than grain has. been
purchased In York for several years.
The secretary of thla company claims there
has been an average increase of grain
bought In this market of 4 cents per bushel,
which means an Increase of $16,000 per
annum to the farmers.
KANSAS- MAN HAS RIGHTS
Htbrufcan Cannot Lege lit Appropriate All
tha Water in Republican River.
RIPARIAN RIGHTS EXTEND OVER BORDER
Good Tints at Fire Drill.
GRAND ISLAND, Neb, Feto t. (SpeclaL)
Immediately after the Chicago theater
disaster a fire drill was Instituted In the
publio schools of this city. The pupils were
Instructed as to the alarm, three rings of
ths bell. Appointments were made as. to
the opening of the floors. Then the pupils
were drilled as to a quick and orderly
dlsmlasal. Yesterday afternoon a committee
of the Board of Education called at the
Dodge school. In which there are 800 pupils,
and desired to see the drllL Without a
moment's warning the alarm was sounded.
The building was emptied of all Its occu
pants Without the least difficulty In one
minute and thirty seconds. The drill Is
established In all of the school buildings.
The Dodge building was taken because it
has the largest number of pupila
Workates laltlate Candidates.
PETERSBURG, Neb.. Feb. 6.-8peclal.)-Laat
night the Ancient Order of United
Workmen at this place IniUated fifteen can
didates into the order. Grand Maater
Workman Jacob Jaakalek of Omaha and
Deputy Sunderland of the district exempli
fied tho secret work. Late In the evening a
banquet was served, about 100 plates being
spread, after which the grand master gave
a short talk on the benefits of the order.
Visiting members were present from both
Elgin and Albion lodges.
Gearssae Present Play.
SCHUYLER, Neb.. Feb. .-(Special )
Under the auspices of Company K, Ne
braska National Guard, and direction of
Charles E. ShulU of Schuyler "The Cuban
Spy" was presented at Janecek's opera
house last night to a crowded house. The
effort will net Company K a considerable
amount.
It is not wise economy to save the
slight difference in cost between Old
Undcroof Rye and other whiskies"
when you get such superior quality in
Old
Underoof
R
ye
CHAS. DENNEHY 6 CO.. Chicago.
Only One Day More. Saturday. Feb. 6th,
Will We) 5cll
a quart rarnam Hot Water Itoltle for 38c
75c- 2 quart Karnaiu Hot Water Bottle for -
$1.00 3qui:rt Fountain Srrfngcs S8c
75c 2 quart Fountain Syringes ag;
Postage, 15c extra.
Furthermore, there will be a 20 to 50 per cent discouut
on everything In (he Kubber Goods line.
mkIX ' - Them ia Our Window Display.
nssnuua a
tMCaLanL-f Tt r
gplaney Files fiend la Bankers' Unloa
Case and Can Proceed win the
Business Penates; Hearing
of the Case.
(From a Stsff Correspondent.)
LINCOLN, Feb. S. (Special.) The state
supreme court has taken an advanced step
toward Interstate comity In Its derision In
Cllne against Stock et al, from Hitchcock
county. In which It holds that Nebraska
Irrigators using the water of the Repub
lican river to the detriment of a Kansas
mill owner may be enjoined In the state
courts from making auch use thereof.
Cllne owns a 300-barrel mill at Concordia.
In the Sunflower state. He found that his
water supply was greatly diminished by
the use of the water for irrigation pur
pones In Hitchcock county, and he sought
an Injunction In the district court for
Hitchcock county restraining Stock and a
number of other Irrigating defendants from
using the water to his detriment. The
lower court denied him the writ, but the
rasa Is sent back with a reversal, by the
higher court.
Commissioner Hastings, who writes the
opinion, says that the riparian owner has
a right to the use of water flowing through
his land which Is Inseparably connected
with It as a part and parcel of the realty
entitled to protection as a property right.
He saya that the Kansas man Is en'
titled to the same right as Nebraskans In
tha courts, and that the legislature would
have no constitutional right to discrimi
nate between residents and nonresidents.
Although the court has decided that lrrl
gatlon Is a prior demand on the waters of
the streams of the state, the prior riparian
owner has a right to protection from any
excessive use of the water for that pur
pose. A reasonable diminution for the pur
poses of Irrigation might be .countenanced,
but the Hitchcock men had drained the
river during the summer months since 1894.
and the court doea not consider such use
In conformity with the sights of other
riparian owners, whether they reside in
Kansas or In Nebraska.
In the decision the extension of the com
mon law right of riparian cwnera Is dls
cussed at considerable length. The Ne
braska defendants In the suit had Insisted
that at common law a man might have the
entire use of the streem on which he pos
sessed riparian rights, but this view Is
frowned on by the court, which holds that
It must be used with reference to the rights
of other owners.
One of the strenuous objections urged
against Cllne's suit was that he had joined
a great number of defendants in the same
suit, but this action Is held to be proper
by the court, ills right to demand only an
Injunction rcltfiout other cpeclflc lellef is
c iso amrmeo.
Cllne claimed that his loss through the
unusual demands made by the Hitchcock
county Irrigators amounted to Kbout 11,000
a year.
Tenants Overlook Good Thing.
Had they only known It many tenants In
the state during the past years might have
had a nice time with their landlords
When renf day came around the landlords
would have had to appear promptly or
wait until the next rent day. Such Is the
decision of the supreme court In the case
of Godwin against Harris, from, Douglas
county, In which section 1,020 of the civil
code, as enacted In 187S, la discovered to be
unconstitutional on the ground that it was
not properly titled, and therefor was with
out legal atfect. This left the old common
law rules In force, says the court. These
required that the I.-ndlord must make
prompt demand for the rent on the day
fixed In the lease, neither Vefore, nor after.
Hs was allowed to make the demand any
time between sunrise and sunset. Had the
lawyers of the state discovered the defect
In the law sooner landlords might have
found many burdens added to the cares
which weighed them down. The last legis
lature, however, amended the law, ao that
It Is constitutional, and now a tenant Is
deemed to be holding over whenever rent
day has been passed without payment of
the amount fixed In the lease.
Caa't Badge City Tax Limit.
The provision In the statutes fixing the
limit of the city levy In Broken Bow at T-
mills has been upheld by the supreme court
In the case of Young agalnat Edward
Royse, mayor of that town. In which pay
ment of $8,000 due the water company waa
sought for In the courts. The local water
company furnished water In excess of the
capacity of the city to pay, and brought
suit for the amount, but the city replied
that it has levied the limit of the law each
year without obtaining enough to pay the
claim.
salaaey Files Bonds.
Dr. E. C Spinney, president pf the
Bankers' Union of the World, this after
noon filed his 116,000 surety bond with the
clerk of the supreme court, and It was ap
proved and placsd on, file. This waa In ac
cordance with the order of the supreme
court handed down yesterday, which modi
fled the Injunction temporarily operating
against the officers of the company to the
extent that they can pay death claims and
have access to the books.
At I o'clock tomorrow morning In the
rooms of the supreme court Judge Ryan,
referee, will begin the taking of testimony
In the case. The books are atlll In the
hands of the court. In the meantime Insur.
ance Deputy Pierce haa not yet received
the 2 per cent tax from the company and
has not yet Issxied it a certificate to do
business.
amor Concerning Bart.
It Is reported here on what seems re
liable authority that former President Burt
of the Union Pacific, who recently jeitgnei
his position to take a trip around the
world, would srtll remain an employe of
the Harrlman aystem. Thla man said Burt
was making a tour of the old countries at
the request of Harrlman and upon his re
turn would be placed at the head of the
construction works of the entire Harrlman
system.
"It Is the plan of Mr. Burt," this rail
road official aald, "to study railroads In
England and , other foreign countries to
the end that he might find some Idea that
would Improve the Harrlman system. He
Is the peer of any man In construction
work and It Is because of his wonderful
work In Improving the Union Pacific that
he la to become the head of the construc
tion work on the entire Harrlman sys
tem." Y. M. C. A. Convention.
The members of the Young Men's Chris
tian association. In annual session here.
perfected a permanent organisation this
morning by the election of these officers:
President, E. E Bencett, Lincoln; vice
president, T. L. Willis, Omaha; secretary,
T. C. Wilson, Omaha; assistant secretary.
A. F. Tyler, Wesleyan; press secretary,
A. V. Cooper, Bellevue.
The features of the morning were the
addresses of F. O. Ober of New Tork
City, editor of the Association Men. and
Rev. O. W. Flfer of New York. The
former talked on "Key Thoughts." and he
cautioned the delegates particularly to
fulfill their ministry. Mr. Fifer talked on
VWhy Do Rellgloue WorkT"
This afternoon thla program was car
ried out :
Conferences subject. "Keystone of As
sociation Work;" student director, Psul
CorMnj city director. F. H. Burt; railroad
director, W. M. Perrons; small towns and
unorganised points director, Robert weia-
eneftfl.
Symposium EBusiness Men and Chris
tian Work." Dr. B. L, P!ne, Lincoln,
"How to Get Time:'' C. W. Carpenter,
Omaha. "Is It Possible:" Judge H. 8. Dun
can. Hastings, "The Benefits.''
Address. "Hest 1 nings in ttengimis
Work." Fred B. Smith, International re
ligious secretary. New York.
This evening's program was made up of
the following:
Service of song, F. L. Willis.
Addresses "Religious Work In Associa
tion Buildings," F. H. Burt, secretarial di
rector of Chicago Institute and Training
school, Chicago; "Religious -ft ork In Gen
eral." Rev. Robert Yost, I). P., pastor of
St. Mary's Avenue Congregational church,
Omaha.
Bnsy Week for Thompson.
In a social as well as a business and po
litical way Mr. D. T. Thompson is to be a
busy man next week. Monday night the
employes of the Star, Thompson's paper
here, will tender him a reception and ban-quiet-
A nonpartisan reception will be
given him at the Lincoln hotel Tuesday
night and on Friday night cornea the Young
Men's Republican club banquet which, of
course, he cannot help but attend.
Sapreme Conrt Call.
In the supreme court of Nebraska these
cases will be, called for hearing February 16:
Bothwell against State, Cherry County;
Horst airalnst Iewla. Madison: Cook
against Slate, Cheyenne; Koefoed against
Thompson, Wayne; Ford against state,
Cherry; McConnell against McKilllpp,
Boone; State ex rel. Haupt ajralnst Pacitic
Express Company, Mandamus; Chaffee
again Sehestedt, Douglas; Shaw against
Kuultable Mutual Accident Association,
Johnson: Peter against Peter. Lancaster:
Commercial National Bank, Omana. against
Grant. Douglaa; Edge against Edge, I Lan
caster ; Dubois against Martin, Lancaster;
Martin against Abbott, Lancaster; Blair
against Austin, Lancaster; Dickson against
Stewart, Clay; Weaver against 8nevely,
Boone; Cllne against Dexter, Merrick;
Naudaln against Fullen wider, Garfield;
Campbell Company against Johnson. Doug
las; Ruzlcka against Hotovy, Butler; Strahl
against Western Grocer Company, Pawnee;
Felsch against Babb, Stanton; Luft against
Hall. Cass: Richards attainst Hasklns,
Harlan: Bell against Wiltson. Box Butte:
Clarke against Woodruff, Buffalo; Mitchell
against Foster, Harlan; Chicago Cottage
Organ Company against Standen, Box
Butte; Horst against Board of Supervisors,
Dodge County, Dodge; Sheldon against
Gage County Society of Agriculture. Gage;
Jackson against O'Rourke, Gage; Cather
against Damerell, Webster; Allen against
Dunn. Garfield; Chicago Cottage Organ
Company against Htanden. Box Butte
Western Steel A Irrigation Company
against McDonald, Douglas; Nelson against
Brlsbln, Douglas; Woodworth against
Wood worth, Colfax; Oilman against To-
plnka. Box Butte; Kemp against Brlord
Colfax; Brown against Reed. Boone; Fox
against Gifford, Marian; Topping against
Hoffine. Otoe: Royal Neighbors of America
airalnst Wallace. Dodge; Cudahy Packing
Company against Roy, Douglas; IXK-al
Grain Company against Maschmeler, Gage;
Lancaster County against Lincoln Packing
Company, Lancaster; Dvorsky against
Watkins. Douclas: Western Wheel Scraper
Company against McMillan. Thomas; Link
against campDeii, Antelope; umana Lan
x Trust company against city ot omana
Douglas.
The following case will be called for ar
gument before the court on motion for re
hearing: Cleland aa-ainst Anderson.
The following cases will be called for
reargument before the court:
New Omaha Thomson-Houston Electric
Light Company against Anderson, Douglas;
Hackney against Hargreavee Brothers
Lancaster; New Omaha Thomson-Houston
Electric IJaht Company against Bend
son, Douglas; Hackney against Raymond
Brotners-ciarae company. Lancaster; roi
lard against McKenney, Nemaha
The roiiowing case win oe caiiea ror rur
ther argument before commission No. 1:
County Commissioners of Dawes County
against Furay, Douglas.
Woman the Caoae of Strike.
COLUMBUS, Neb.. Feb. 8. To the Editor
of The Bee: Your correspondent here,
who usually gets things correct, was mis
informed regarding the trouble in my res
taurant here this week. The trouble did
not arise over a colored waiter, as re
ported; neither did .the. entire help walk
out. The first and. second cook and the
dlshwssher struck at about the noon hour
because I refused to discharge a Woman
who was working as waiter. I could see
no good reason why I should accede to
their demands, and I filled the vacancies In
lees thsn an hour. Please give this space
and put things right. Yours,
C. II. BUSCHMAN.
Boys Make Becora on Pop.
FREMONT. Neb.'. ' Feb. 5. (Speclal.)
Yesterday afternoon three boys about li
years old received a 'case of twenty-four
bottles of pop for some work they had been
doing at Marr Son's factory, and they
then tried to see which could drink the
most in the shortest tlma They went into
the back part of the building . and began
operations. In less than half an hour the
bottles were empty. Verne Sands had dis
posed of eleven bottles snd the other two
eight and five respectively. The Bands boy
thinks he could have held a bottle or so
more.
I.lederkrans Ball a Saeeess.
GRAND ISLAND, Neb., Feb. I. (Special.)
The members of the Lelderkrans society
gave its annual masquerade ball at their
hall last evening, 300 people being In at
tendance. There were several elaborate
groups and many most extravagant cos
tumes, some of them Imported. Prises were
given. The Lelderkrans is an exclusive
German society and the annual masquerade
anniversary celebration and Christmas ob
servance are always among the leading
social eventa
Sarpy Coaatr Mortgeg-es.
PAPILLION. Neb.. Feb. (.-(Special.)
Sarpy county mortgages show a marked
decrease for January. The following Is the
list filed and released during January:
Farm mortgages filed, eleven; amount,
IH.250; released, seven; amount, $9,033; town
mortgages filed, none; released, one;
amount, $300; chattel mortgages filed, nine
teen; amount. $7,470.06; released, twenty
seven; amount, tl7.0S7.52.
A Newspaper Record.
PLATTSMOUTH. Neb.. Feb. S.-(Speclal )
The Plattamouth Evening Tribune was a
record-breaker, having been born., chris
tened and died a natural death all In the
shortest day of the shortest month of the
year.
Methodist Minister
Cured of Kidney Trouble
Rev. Dr. I. Millars, Prominent Metk.
odlst Divine, Cored of Kidney
Disease by "Safe Care."
"After a delay of months to be sure that
a cure of my rheumatism, caused by kid
ney disease, of over a year's painful
suffering had been effected. I desire to
assure you that so far as I know anything
of myself I am cured. I am persuaded
that Warner's Safe Cure did It. I have
tried many so called certain cures snd paid
heavy doctor bills, but nothing seemed to
yet hold up my trouble. Inasmuch as
rheumatlem Is the reault of the kidneys
not doin.T tbelr work properly, the uric
acid must be driven out and the kidneys
ured before a cure can be expected. Safe
Cure cured my kidneys, and I believu it
will do all that Is claimed for It If taken
as directed." (Rev.l I. Vtllara Pastor
M. E. Church, Sandwich, III. -
Rhsumatlsm. backache, headache, female
weaknesses and cloudy urlns are among
the certain signs of serious kidney trouble
Don't wait a minute, but get a bottle of
Safe Cute and take it as directed. lt1s the
only medicine doctors and hoipirals use and
prescribe for all diseases of kidneys, liver
bladder and blood. Sold by druggists for
ove 10 years, oi aent direct, hue and fl a
bort'e. Medicine booklet free. Warner's
Safe Cure Co., Rochester. N. Y.
Safe Pills move ins bowels gently and
aid speedy euro '
(7h js?
MaessnL
CORRECT DRESS FOR MEN AND BOYS.
We Announce, Beginning Saturday
A Sale of Unusual Scope and Importance
..HIGH GRADE.
Suits and Trousers for Meiv
At an Average Reduction of
More than One-Third....
Our season's business has" been successful very successful. Now we would be rid of
the suits and trousers which we have left, for this reason the prices have been radically
reduced. The sale includes hundreds of fine fancy suits and over two thousand pairs of fine
trousers. The Berg-Hwnnson Label marks every garment perhaps you know the high
grade of tailoring which it identifies. We know that but few of the "to order" tailors dare
offer their handicraft for comparison.
m li 'fl n ill
jff JS ;jaf
..Trousers to Fit All Builds of Men..
Any man can be successfully fitted at this great trouser sale, because it is not a job lot
or odd sizes, but two regular wholesale stocks bought January 18tb from two of New. York's
best pants tailors at 65 cents on the dollar. j
Men's and Youth's
$2.50 and $3.00
Trousers, at i
n
.50
Men's and Youth's
$4.50 ond $5.00
Trousers, at.
Uth's jany
.00
Men's and Youth's
$7.50 and $10.00
Trousers, at..
$5
.00
JJJ5.00 For odd Suits, one and two of a kind, marked 17.50 and flO.
.$8.00 For RuitB in a11 sIze marked $12.00 and $13.50. .
$11.00 For Suit8 ln a11 size8' marked $15.00 and $16.50. " " " ' : 1 f , '
$14.00- For Suits in aI1 8izes marked $18, $20 and $22.501"'
$20.00 For Suits ln all sizes, marked $25.00 and $2S.6o.
1
j READ
I
ope s
New Story
jVy ';-d J h
XVSs: Srjr- , Til
In the February
Metropolitan Magazine
OUT TO-DAY
At All Newsdealers.
A 35-Cent Magazine for 15 Cents.
i) X. H. KCSSBIX, rUBUSHSl, J WHST 29th BTRI8T, VW YOKK.
9 1
8
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