Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 13, 1905, Page 9, Image 9

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    TFIE OMAITA DAILY DEE: FRIDAY, JANUARY IS. 1003.
NEWS" OF INTEREST : FROM IOWA
ttralntt trpon' liquor dealers were 'renioreii
The Jury minutes show nr record of arry
promises received from Chairman Halpln.
The report was referred to the excise
committee, of which Mr. Flank is chair
man. Mr. Hark later said that he had never
met the committee from the Liquor Deal
era 'association by appointment or received
entertainment or favora from them.
The Fact that
COUNCIL
MlftOR MBJTIOS.
trlt sella drags.
Leffert'e alaasee fit.
fltocktrt aalla carpeta.
L'uncan sells tba beat achoot shoes.
Dra. Woodbury, dentists, 10 Pearl atrct
Duncan doea the best repslrltut. 23 Main.
Go to night achool at Western, Is,., collefe.
Choice Una of toilet sxIWm. Morgan
Dickey.
For lumber particulars call on C. Hafer.
'1'hone 2U2.
Lout Cocker spaniel. Telephone A74S,
and receive reward.
Pictures for wedding gifts. C. E. Alex
ander, 333 Uroadway.
Morgan & Klein, upbolstereis ant mat
tress makers, moved to 19 S. Main. Tel. MS.
Lily Aid 'society will meet this afternoon
at the home of Mrs. L. J. Morris, IA
Kounh avtnue.
Oak Lenf camp. Royal Neighbors of
America, will meet Saturday afternoon In
Woodman hall In the Merrium block.
Star chapter. Royal Arch Maons, will
meet In tpecial convocation this evening
for work In the mark masters' degree.
Charles L. Wilcox and Ora Henshaw,
both of Nebraska City, Neb., were married
in this elty yesterday by Justice Field.
The funeral of John If. Wright, ' Ave
nue C, will be held Saturday morning at
9 o clock from Bt. Kranvls Xavier's church.
The Wsinan's Mlselonary society of the
Seoond JHrenbyterlan church will meet this
afternoon at the residence of Mrs. Beaale
Black, 1U1 South First street.
Missouri oak dry cordwood $8 a cord,
cobs 11.7 per load, shell bark hickory 17
ler cord, delivered. William Welch, 1
North Main. Telephone la.
Diugs, paints and prescriptions at Mor
gan Dickey.
Word has been received here that J. F.
Kimball, senior member of the former reul
estute firm of Kimball 4fc Champ of this
city, which erected . the Grand hotel. Is
lying critically 111 at his home In Hast
ings, Nob, ....
Commissioners C. F. Hunt and O. M.
Putnam, representing Harrison and Potta
wattamie couulies la the appraisemont of
dralnago ditch damages, have selected O.
L. Case of liarriflon county as the third
member of the commission.
Clyde D. Nobbs and Surah I. Anderson,
both of Omaha, were married In this city
Wednesday evening at the parsonage of
the First Ilaptlst church by Kev. F. A.
Case. They will make their home In
Omaha, where the groom is employed In
the Union Paclrlo headquarters.
William- W. Keller of Omaha, who was
lentcnued to two years In the penitentiary
tt the January term of the district court
In this city last year on a charge of
idullery, preferred against him by his wife,
reHtoKlay likd notice of appeal. Since his
:onvictlon Roller has been out on bull.
Mrs. Kate Olaen was granted a divorce
!n the district court yesttrduy from .wartin
Jlsen, to- Whom he was married July 27,
IWM, and who left her Auguxt 18 following.
When the court asked Mrs. Olsen how she
would support her two children xhe re
plied: "My other divorce decree made pro
vision for them, your hunnr."
MOTOR COM I'AKY I.OSKS ITS CASK
Injunction In Manawa Fence Matter
Is Dissolved.
Judge Thornell, In district court, yester
day handed down his decision In the Man-
ait fence case, dissolving the Injunction
secured by the motor company, restraining .
Clirlsrnun. ami other property owners at
Manawa from having put Into execution the j
decree of the superior court ordering cer
tain streets opened and obstructions re
moved.' The Injunction was dissolved on
the ground that It sought to restrain the
process 'of the superior court. The motion
to dismiss the suit brought by the motor ;
company was overruled. This now leaves '
Sheriff Conning tn a position to execute the
decree of. the superior court as soon as lho
commission appointed By 'Judge Scott de
termines -the boundaries of the disputed
territory. .' --
TJifc trial of the ault of Frank I McCoy
ag.iinst JutiKD L Puxton and others was
lit gun before Judge Thornell In the district
court yesterday and Is expected to last well
Into next week. The mill Is one of many
arising out of the vaguries of the Missouri
river and Involves about 300 acres of land
went of Crescent township, where McCoy
and Puxton both own big farms. Pax ton's
land, while on the Iowa side of the river.
Is In Nobruska, while McCoy's lies in Cres
cent township. The farms adjoin and Mc
Coy claims the 300 acres In dispute as be
longing to ' him by uccretlon. The land
clutmed by McCoy lies south of his farm
to the oid river bed. The plaintiff la a well
known uttorney of Omaha, while the de
fendant is manager ol the Union Stock
yards In South Omaha.
Jury (or Avorn Court.
For the district court In the east end of
Pottawattamie county, held at Avoca, the
following grand jury for 1!M5 and petit jury
for the UN m commencing January 31, at
which Judge Wheeler will preside, were
drawn yesterday:
Grand Jury A. W. Bolton, Carson; Sam
uel Hell. Henry iiapp, sr., Hancock; O. U.
Tilton, Walnut; C. M. Potter, Orlswold;
Christ V. Rock, Avoch; Fred Johnk, Wal
nut; W. M. .Maxweil, Oakland; W. J. Ham
ilton, sr., Macedonia; Juhn Glllett, Avoca;
it. H. Wlleuu, -t'urson; J. C. Judg. Oakland.
Petit Jury George lJIchorn, Walnut; C.
R. Bwiirtx, Avoca; U l. Helllnger, t)ak
land; J. 11. Qrumson, Avoca; S. 1). Fletcher,
iiunenck; F. U. tlarner, Macednnlu; Charles
Archer, Hancock; W. J. Way, Carson;
Adam Young, Hancock; J. K. Johnson,
Oakland; U II. Crofts, Oaklund; Frank
Robinson, Walnut; ('. W. Copley, Walnut;
O. F. Applegate, Jliuieoek; Ajax Osier,
Curium; A. C. Slevers, Carson; L. L. Pierce,
Carson; I'M A. Hchotield, Orlswold; Ueorgd
Busse, Hanuock; W. K. liuller, Oakland;
1 C. Oreen, Avoi-a; C. H. Coye. Carson;
W. H Foluieslock, Qrove; Julius Thles,
Ml rule".
Real F.state Transfers.
These transfers Were reported to The Bee
January 12 by the Title Guaranty and
Trust company of Council Bluff a:
H. B. Jennings and wife to Theresa
Neunaa, liar I nel4 neb 7-74-43, w. d $00
Peter it. Jacobs and wife to Henry
Mauer, lots 7 and a, block 1 Great west
ern add, Mlnden, w. d 400
Oliver W. Gordon to 'Vincent Battln,
lots 1 and I, block 2; lot 14, block I,
fark add, q. e. d.t t
Varee transfers, totu,l ...
.tUA
Blarrlaa Licenses.
Licenses to wed were Issued yesterday to
the following:. '.
Name and residence. - Age.
O. Maulhe. Council Bluffs. 52
Elisabeth Anderson, Council Bluffs 33
Charles L. Wilcox. Nebraska City, Neb.. 47
Ora Henshaw, Nebraska City, Neb 43
DAY SCHOOL NIGHT aCHOOL
WESTERN IOWA COLLEGE
Big Winter Term Opens Monday,
Jan. 1 lfe$. New Clasaea la all de
partments E P, MILLER. President
Maaoala Teatple. 'Float M14,
CHATTEL LOANS
A. A CLARK . CO.
ttaUblUhM UU.
Brou flirty a lUlu ttt.-ivr f I :' 8ho I torn
Yon ea borrow any amount oft cattlt, bona
fcouvbol4 turaitura or any caattat aacuritf.
payaaauta caa aa aoada or prtaelp! t any tlmt
ta luli borrow, ana lutaraat raducad accordlagiy.
All buatnata ceaAooetiftl. Uttti raiaa. UAct
vary avaaiuc liil t.t. tUlrdr vmiik till a.
LEWIS CUTLER
MORTICIAN
28 PEARL ST.,HO""'JS;.
Lady Attaudanl If Desired.
BLUFFS
TELEPHONE ORDINANCE UP
Conncil Hot Bttiified with Oct Submitted
by Iadepeident Company.
V aaawaaaaaaaaBBB
DEFICIENT IN TWO IMPORTANT MATTERS
Makes Jfo Mention at Rates ana Doea
Sot rromlit Connection with
Outside Independent
Lines.
The city council, in committee of the
whole, spent several hours last night dis
cussing the franchise ordinance submitted
by the Independent Telephone company of
Council Bluffs, with the result that a prac
tically new ordinance will have to be
drafted before the aldermen will approve of
Ha being presented to the people for their
approval or rejection at a special election. '
Attorney Miller, one of the Incorporators
of the new Independent company, did most
of the talking for the company aeeklng tha
franchise, although Messrs. Day, Merrlam,
Keys and Lou gee spoke at length.
The fact that the ordinance made no men
tion of rates was not satisfactory to the
aldermen, and on this question there was a
lengthy discussion. The counoil will Insist
that the rates to be charged shall be speci
fied in the ordinance before It will be ap
proved. Mayor Macrae gave It as his opinion that
the city should be given at least fifteen
free 'phonea In place of ten, as provided by
the ordinance, and further suggested that a
clause should be Inserted1 compelling the
company to connect with the outside Inde
pendent companies which are said to be
seeking an entrance to Council Bluffs. "The
excuse," he said, "for an Independent tele
phone franchise In this city la the connec
tion with the outside companies, and the
ordinance should provide that as soon as
this company fails to furnish such connec
tion Its franchise should cease."
Representatives of the new company ob
jected to the insertion of such a clause,
claiming thut It would "hamper" them, but
In what respect they failed to explain. Mr.
I.ouRee said this waa a matter which was,
"however, entirely controlled by the State
Association of Independent Telephone Com
panies." Mr. Merrlnm urged the need of an Inde
pendent company which would furnish con
nection with the outside, companies seeking
entrance to the city. "Much of the future
of Council Bluffs as a great Jobbing center
depends on this connection with the Inde
pendent companies before Omnha secures
such connection," he said. Mr. Merrlam
pictured a very gloomy outlook for the city
at large In the event of the Independent
companies not securing an entrance to this
city.
CONDITIO OF CITY FINANCES
Several of the Fnnds Are Practically
Flshanated.
City Auditor Smith yesterday completed
his statement showing the condition of the
city funds on January 1 and the total ex
penditures for the different departments for
the nlno months of the fiscal year up to
that date. It will' be seen that aeveral of
the appropriations are practically depleted
and that some expert financiering will have
to be dono to keep some of the departments
going to the end of the fiscal year ort March
31.
Within the few months that It haa been
operating the Indian creek dredge haa al
ready cost the city upward of $10,000. For
a while the cost of the dredge was paid our
of the sewer fund proper, but this became'
exhausted and the expense Is now being
paid out of the contingent fund. The sewer
fun 1 I exhausted and at tha close of the
year there will be a number of warrant
on this fund outstanding.
I'p to date over IIO.OCO has been drawn on
the Improvement fund and out of next
year's levy outstanding warrants to the
amount of J8.C00 or over will have to be
paid, thus leaving this fund for 1M6 avail
able for little else thaf to meet the deficit
of 1904.
The state of the funds for the several de
partments maintained from the general
fund Is shown by the following statement:
Artriro- Un-
Purnose Paid, prlat'n. used.
Salaries executive dept.. H.013 10.tt0 2.JOT
Police and Marshal'adpt 10 901 'S.OoO 4,097
Streets and alleya i.W .
Fire department 13.12 H.2S0 6.0h7
Fire and police telegraph 2.0M 2.rt 4.M
Fnclneer's d.-pi.rtment.. 2.M 3."0
Printing end supplies.... .97 20.
City pound 41 600 M
Predce (Contingent fund) 2,4'
Contingencies f-; ' k'AeA Vi
w;Ter,"..ho.u".e.:::::::::::: V i
The following shows the amount expended
out of the several funds for which special
levies are made: ... .
Has and street lights ...
Sewer department ! J i$'2
Cltv brlrtgea iSn'S
Judgments Jg.
ro" d r ' ' :::::::::: .
rredpe'"iout of"sewer) ,?'5!!l
Improvement .4f(49
OFFICIAL. ACCOVSTi jCHECKEU VP
Error of Twenty Wollnra Only Onn
Discovered. ,
Thomas Bowman and Spencer Smith, ap
pointed to check up the books apd accounts
of the county offlcera whose terms expired
the ftrat of the year, filed their report yes
terday with the Board of Bupervlsora. The
report ahowa that the accounts In each of
fice checked up wera found correct except
In ones Inatanca In tha audltofa fflpe,
where through an error In footing up a
person had been overpaid 20. The amount
waa promptly refunded by the person so
over paid on his attention being-called to
the mistake.
The committee, however, made several
recommendations. In regard to the
auditor's office the suggestion la made that
filed against tha county until the bills have
been entered upon the -clulm register and
fully audited by the Board Of Supervisors
or whom directed by reaolutlon of . the
board.
Aa to the office of the clerk of tha dis
trict court It waa suggested that a sepa
rate account book be provided for entering
all unclaimed fees and moneye and that
a report of aame be made aeml-annually by
tha clerk to tha board and tha amount
turned over' to tha county treaaurer. It waa
also auggeated that tha county attorney
make a report semi-annually of all fines
and forfelturea In tha dlatriat court. No
change waa recommended In the eystem of
keeping tha accounts In tha recorder's of
fice. Bills and claims occupied tha attention at
tha supervisors tha greater part of yes
terday's session.
Pr. R. a. Smith was given tha contract
for pauper attendance tn . . 6akland and
Benknap townahlpa at $37.60 per annum and
Dr. A V. Stephenson that for Caraon'at
$3!$0. .
Tha claim of Court Reporter J, X. Fergu
son for making a transcript of tha evidence
In tha murder trial pf William C.
Rogers, amounting to $3$3.60, was allowed,
the court having ordered tha , transcript
made for the defendant at tha expense of
tha atate. .: . ' ' . : ! -.
former County Auaitor limes waa al
lowed $1,000 for extra work 'performed n
connection with the proposed : Harrison
Pottawattamie county drainage ditches.
Thomas Bowman and Spencet Smith Were
allowed $176.27 each for checking up the ao
Counts of the retiring county officers.
N. T. Plumbing Co. Tel. 230. Night. F667.
F.rerett Stops Dredglna-.
Leonard Everett, an executor of the fa
tate of Horace Everett, haa served notice
on Mayor Macrae and the city that he will
not permit the dredging of Indian creek
through eighty acres of land between the
point where the dredge now Is and tha river
unless the city makes certain concessions
which he demands.
Following Is the notice served on the city
by Mr Everett:
Hon. Donald Macrae, Jr.. Mavor, and the
City Council of Council Bluffs:' You are
hereby notified that the estate of Horace
Everett, deceased, la owner of the west
half of the aouthwest quarter In aection 11,
township 74, range 4u, in Lewis township,
Pottawattamie county. I understand that
the city of Council Bluffs wishes to dig a
ditch through said land for the drainage of
the city.
On behalf of the owner of said land, I
hereby protest against any ditch being dug
through It, unless prior to the digging some
arrangement can be made with me, as ex
ecutor of said estate, whereby outlets from
said land can be made and provided for by
the city, so that the water falling on said
land CHn enter into said ditch and be Car
ried off to the Missouri river; and unless
the city erects and maintains a bridgo
across said drainage ditch.
The bank and levee made by the digging
of said ditch would' make a dam and would
serlouH'ly affect the drainage of said land,
and would make a lake or pond upon It,
and would cut the land Into two parts, mak
ing one-half of It Inaccessible from the pub
lic road and from the other part of said
land.
You are hereby notified not to enter upon
said land and not to commit any trespass
thereon. LEONARD EVERETT,
Executor.
Permission to run the channel through
the land waa obtained by the city over
twenty years ago and some of the city offi
cials are of tha opinion that Mr. Everett
cannot at thia date prevent the dredging
of thia same channel. Unless some ami
cable arrangement Is reached the work of
dredging will be stopped OS soon aa the
Everett land la reached.
Plumbing and heating. Bixby A Son.
Ml'RDEREK MAKES GOOD ESCAPE
Shoots Man on Sioux City Street nnd
Gets Array.
SIOUX CITY, la., Jan. 12. (Special Tele
gram.) Joreph O'Brien waa murdered at
First and Iowa streets at 4.15 o'clock this
afternoon by an unidentified man. The men
were seen to engage In a scuffle, then the
murderer backed away a few paces, pointed
a revolver at O'Brien and shot him through
the head and the left sldo. The murderer
was followed for three blocks, but turned
down an alley and was lost sight of. The
I cause of the trouble Is a mystery. O'Brien
j was arrested on October 15, 1904, for steal
ing an overcoat from the Pullman hotel,
and his picture Is In the rogues' gallery at
the local police station. A loaded revolver
was found on hia person, but no shots had
been fired from It.- The murderer Is de
scribed as a man of about 36 years, light
complexion, wore blue overalls and a duck
coat.
IOWA 1 POLITICIAN" ARE SET FREE
Irregularities Result In Setting; Aside
Conviction of Jury Bribers.
DES MOINES, la., Jan. 12.-By a de
cision of the Iowa supreme court today
the conviction, of E. K. .Hunter and Jesse
lO. , Wells, prominent In Iowa politics, for
Jury bribing In personal Injury suits. Is
set aside because of a technicality, the
transcript of the evidence In similar caBee
having been used In the conviction of the
defendants. This Is held unconstitutional
by the supreme court.
F. A. Marvin and Michael Drady, con
victed on the same evidence, must meet
he Judgment of the lower court.
Killed by Roller Explosion.
MITCHELL VILLE. Ia., Jan. 12.-(Spe-clal.)-A
traction engine boiler standing in
the main street here exploded at 2 o'clock
this afternoon, InHtantly killing a man
named Lightner, a prominent citizen and
proprietor of the Cottage hotel. Ed Light
ner had Just finished firing up his engine
preparatory to shelling corn. His body
waa literally torn to pieces by the explo
sion. He was a man about B0 years bf age
and leavea a family. Tyler Rooker and
Charles Rooker, both young men, who were
near tha engine at the time of the explo
sion, were seriously Injured. Flying pieces
of iron were thrown for almost a block by
the explosion. The Rooker boys will re
cover, but the Injuries will cause them
much painful suffering.
Reopens County Seat Case.
PIERRE. S. D.. Jan. 12. (Special Tele
gram.) In the circuit court at Fort Pierre
today Judge daffy reversed the Judgment
of Judge Smith, allowing the removal of
the Walworth county records from Bangor
to Selby, (n their contest, and allow Bangor
to reopen the suit. He gave the Selby
defendants a thirty days' stay of Judgment
for the purpose of perfecting an appeal.
FORECAST OF THE WEATHER
Continued Cold In Nebraska nnd Iowa
Today Fair nnd Warmer
Tomorrow,
WASHINOTON, Jan. 12. Forecast of the
weather for Friday and Saturday:
For Nebraska, Iowa. Kansas, the Da
kotas and Montana Fair and continued
cold Friday; Saturday fair and warmer.
For Wyoming-Friday fair and colder In
east portion; Saturday fair and warmer.
For Mlssourl-Frlduy fair and colder In
cunt portion; Saturday fair and warmer
In west portion.
Loci Record.
K i'V 'VK V"' THER BUREAU.
OMAHA, Jan. 12. Official record of tem
perature and iJeclpitauon compared with
the comaponding day of the hist three
years:
1906. 1901. . i9y.
Maximum temperature... 4 si 17 J2
Minimum temperature.... 4 is J 39
Mean temperature 0 '4 7 26
Precipitation T T .09 00
Record of temperature and precipitation
JOmaha for thia day and since March 1,
Normsl temperature , ig
Deficiency for the dav u
Total excess since March 1, 1904 .'.'115
' ' in 1 1 tl o eh
Deficiency for the day 02 inch
Totsl precipitation since Mch. 1. . 25. to Inches
Deficiency alnra March 1, 1904. ...4 M Inchea
Excess for cor. period 1904 1.90 Inchea
Deficiency for cor. period 190$ ki inch
Temperntnr at T P. M.
Maximum
Tern- Tem-
Btatlon and State perature pera- Rain-
of Weather at 7 p. m. ture. tall.
Bismarck, cloudy 1 J
Cheyenne, pt. cloudy.. $ I .04
Chicago, pt. cloudy.... 23 26 . 00
Davenport, cloudy t 18 .00
Denver, clear 0 f T
Havre, cloudy 3 4 ,00
Helena, clear 4 .00
Huron. cler I .01
Kansas City, clear...,, ( U. .00
North Plalte. clar.... 4 4 .10
Omaha, clear 1 4 ,o
Rapid City, clear $ 10 T
St. Uiula, dmidy ' SO ti .00
Bt. Paul, clr 1 In .00
Halt Lske City, clear.. 26 Ju .04
Valentine, clear 0 ,0t
WlllUton, clear..- ( 4 - ,u0
Indicates below aero.
T indicates trace of precipitation.
U A. WELSH, L07U Forecaster.
EXPRESS COMPANY MIST PAY
End tf Litigation Orer Money Which Dis
appeared in Transit.
END OF ORPHANS' HOME INVESTIGATION
Charles Blanford, Accused of Assault
Ins; Mel Slaughter at Colfax la
Relenaed on One Tkot
aand Dollara Ball.
(From a Staff Correspondent.)
DES MOINES, Jan. U.-(Speclal.)-By
the decision of the supreme court today the
court of Shelby Is affirmed In Its decision
to allow the Bank of Irwin to recover from
the American Express company $J,000. A
package was expressed from the Des
Moines National bank to the Bank of Ir
win and when It reached Its destination
waa found to contain nothing but waste
paper. The case Is one of the most Inter
esting that has been In the courts of the
state. The express company sought to
show that the Des Moines National had
been losing money by the theft of Its em
ployes, but this Is held to be Incompetent
by the supreme court. It was also sought
by the express compuny to show that cer
tain stains on the counter of the Des
Moines National bank were similar or
Identical with stains on the waste paper
which was contained In the package as It
was opened In the Bank of Irwin. By this
means It was sought to prove that the
package of waste pnper was made up In the
Des Moines National bank and that th.
package as delivered was the same that
was received. The opinion of one of the
witnesses on this point was excluded and
It was held that the Jury wna competent
to Judge for Itself, the testimony of the
witness as to the color of the panels In the
bank counter belnir th nntv .v.Mr, i
lowed. In affirming the wiair, ,
lower court the supreme court holds that
Willie there was evidence tending tn
that the money was taken out before It
lert the Des Moines National txintr ,i ,n,
evidence showing that the money wns there
Is of such character that It cannot be said
mat the verdict lacks support."
Board Makes Report.
Hon. John CownJe of the Board nf rv,.
trol returned today from Davenport, where
he Investigated the complaint of cruelty In
the Soldiers' Orphan's home. The matter
was never reported to Superintendent F. K.
oessions and ne was In consequence ex
onerated. Foster Elliott, who made the
complaint, wrote to the boy's mother and
stepfather. Mr. Cownle found that the
assistant matron who administered the
whipping to the Orendorff boy was not an
entire success, being a little too severe, and
she has since left the Institution. At the
same time Mr. CownJe found that the boy
had run away and that the whipping was
just what 90 per cent of the mothers of
the state would have done under like cir
cumstances. It seems that thirty of the
boys , In the school didn't like Miss Myers,
tho substitute matron, as well as Miss
Reld, the regular matron, and started in to
got rid of her.
Rlanford Rives Rail,
Charles Blanford, charged with an assault
upon Mell Slaughter with an Intent to kill,
was arraigned In Justice court at Colfax,
near where the assault ,1a alleged to have
taken place, and pleaded not guilty. His
ball was fixed at $1,000, which his friends
gave, and he was relenscJ. The assault Is
said to have grown otu 'of a family feud.
Oral Argument for Smith.
Oral arguments will be presented to the
supreme court tomorrow by the attornevs
for Tom Smith, the marshal of Albla, who
shot and killed a man. The first contention
of Smith's attorneys was that he had a
right aa marahal to shoot W. Q. Sarver,
who was resisting arrest. The supreme
court held that he did not have such a
right unless he was In fear of his own Ufa.
Dead In Corn Field.
W. H. Patrick, a brother-in-law of former
Governor Frank D. Jackson, was found In
a cornfield east of the state fair grounds
this morning at 8 o'clock. He is thought
to have been overcome by heart failure
last evening. During the administrations 1
or fonaw and Jackson as governors he was
a clerk, at the state house and Is well
known over the state.
Supreme Court Decisions.
Telio Eaklns, appellant, against Chicago.
Rock Island & Pacific Railway: ' Cass
county1; action for damages; verdict for de
fendant affirmed.
Anton H. Schofleld against Clyde Cooper
et al., appellants; Calhoun county; verdict
to compel removal of obstruction in ditch
by roadway reversed.
Marcus Vounker against City of Des
Moines. aoDelluiit: I'mii ,i,. .......
granting recovery on paving assessment af- I
W. E. Olson against Nels J. Lund appel
lant; Hamilton county; v.rdict allowing re
covery of equity In land affirmed.
Emma Dumman against George Vollen
weider, appellant; Dubuque county; verdict
grunting recovery on nole and moftKaga re
versed. ,
T. F. Greenlee against Julia E. Mosm t.
appellant; Benton county; veidict g.aniin
recovery of money collected for Urecniee
from Insurance companies reversed. Second
reversal on same case.
Bunk of Irwin against American Express
Company; Shelby county; Verdict grunting
recovery on express package uttlrmed.
Ed H. Hunter against DbJtrlct Court Polk
County, certiorari; bribery; annulled
F. A. Marvin against District Court Polk
County, ctitiorarl; bribery; dismissed
Jesse O. Wells against District Court Polk
County, certiorari; bribery; annulled
Michael Brady against Dlstilct Court Polk
County, certiorari; bribery; disrated.
TALK OF BRIBERY ATALBANY
Presentment of New York City Grand
Jury Is l.uld Before the
Legislature,
ALBANY, Jan. 12. The grand Jury of
New York county recently Investigated
charges that a corruption fund had been
raised by the New York State Liquor
Dealers' association for the purpose of
Influencing excise legislation. In Its pre
kentmtnt of the matter the grand Jury
stated that while tha evidence adduced did
not warrant the action by the New York
county prosecuting officers, H disclosed ac
tions of certain members of the state leg
islature which should be brought to . the
attention of that body.
Speaker Nixon laid a copy of the present
ment before tha assembly. In tha evidence
accompanying the presentment It appeara
that Friti Lindlnger, president of the as
sociation, and other witnesses told of rais
ing a fund of 123,000 and of how sums of it
waa spent. Several wltneaaea testified that
tha special committee of the association
had spent aeveral thousand dollara "en
tertaining" aenatora and aaaemblyman at
a hotel In Albany.
Another agent of the aaaoclation told of
paying tha billa of assemblymen at hotels
and houses of Ill-repute and also large
bills for typewriting. Chairman Plank of
tha assembly excise commission, and mem
bera of tba excise commltteea In both
housea are alleged to hava been the prin
cipal onea who received attention. The tes
timony showed that $9,000 waa aet apart
for tha aeparate purpose of Influencing tha
atate excise department. William Halpln,
then chairman of the executive committee
of tha New York City republican com
mittee waa approached and offered money
fur campaign purposes provided certain re-
STOCKMEN IN ROW
(Continued from First Page.)
could get at it. He spoke in favor of
separate organisations, which should re
gard the nnnual convention as a general
conference.
Committee Ordered to Report.
Cowan's remarks were greeted with tu
multuous applause. He moved that the
committee on reorganization be ordered to
report by 1:30 this afternoon or It be dis
solved. The motion was unanimously car
ried.
Vice President Jastrow asked the con
ventlon to put off debate for the time
being and proceed with the program of tho
convention.
The secretory then read a paper by F.
Morse on "The Ideal Live Stock Mar
ket." At the afternoon session, when President
Hagenbarth had concluded bis speech, S.
H. Cowan of Fort Worth called up the
order made at the morning session, which
d.rected the reorganisation committee to
report at 1.30 this afternoon or be dis
charged from further service. He fald
there was no intention to reflect upon any
of the committee, but many members of
tho association were anxious to leave for
their houses, and haste was Imperative.
Presldtnt Hagenbarth asked him to delay
his motion to bring In the committee, as
It was about ready to report, but It would
need until tomorrow to finish Its work.
Vice President Jastro asked that the com
mittee be given until tomorrow morning
at 9:30.
Mr. Cowan made his motion and was de
clared out of order by the chair. The ruling
was greeted with laughter and cries of
"Oil, my!" Former United States Senator
Harris of Kansas moved that the motion
to order the committee to bring In Its re
port be reconsidered, but Mr. Cowan
forced him out of the proceedings by point
ing out thut Mr. Harris had not been
present at the morning session, and, not
having voted In the affirmative on tha
order, could not move Its reconsldoratlon.
Parliamentary Tangle Ensues.
"Mr. President," shouted Mr. Bothwell,
"the order for that committee waa for
now and we want It now."
"The committee can report in an hour,"
said the president.
"Then," asked Mr. Montgomery of Colo
rado, "why do you want to wait until to
morrow?" "An extended wrangle on parliamentary
points ensued and It remained fir Delegate
Sullivan of Wyoming to bring tho original
question to tha front once more.
"Mr. President," he shouted; "Mr. Pres
ident, I have listened to all this talk, and,
now, as a child of the wilderness, I demand
to know wjhere I am at." '
Mr. Montgomery asked what was the
business before the house.
The president replied: "We are disorgan
ized at this time and we think It best to
have a roll call, ao that wa can determine
who Is entitled to vote."
"Has there been no report of the com
mittee on credentials," asked Mr Mont
gomery. "Have we been disorganised all
this time?"
The chair haa been shut up," replied the
president, "but I can answer the gentle
man." "Very well, answer him," replied Mr.
Montgomery.
President Hagenbarth replied at some
length, declaring In effect that there were
people on the floor who had no right to
vote; that the convention was entirely dis
organized and It was desirable to hava a
roll call.
The roll was finally called, after consid
erable delay, and then, after more debate,
commltteea of cattlemen and sheeo grow
ers were appointed to consider the plan of
reorganization and . report to their re
spective bodies concerning desirable action
on the report of the general committee,
which Is to report at 9;30 In the morning.
The convention then adjourned.
The committee of stockmen which met
after the adjournment of the convention
agreed to oppoae any change from the pres
ent system of organization.
DEATH RECORD.
Mrs. Elisabeth Masaey.
NEBRASKA CITY, Neb., Jan. 12 (Spe
cial.) Mra. Elizabeth Massey, widow of tha
late James Massey, died last night of heart
failure, at the age of 75 yeara. The de
ceased waa a resident of this city for many
years. She leaves four grown children. The
funeral services will be held Friday after
noon. Mrs. Catherine Falrbrother.
SEWARD, Neb., Jan. 12. (Special.) Mrs.
Catherine Falrbrother died at her home In
Staplehurst last Saturday morning, aged 411
years. Funeral sercvices were conducted on
Monday afternoon at 3 o'clock by Rev. D.
Webster Davis at the United Brethern
church In Seward.
K. II. Sarasohn.
NEW YORK, Jan. 1J.-K. H. Sarasohn,
the pioneer Jewish newspaper publisher of
the United States, died today of pneumonia.
He was 70 years old. He established the
first Jewish newspaper published In this
country, the Jewish Gazette, In 1ST4.
Statement of Dank of France.
PARIS, Jan. 12. The weekly statement
of the Bank of France sh'ows the following
changes: Notes In circulation decreased
70,&00,u0uf. treasury accounts current de
creased 16,KOu,0Oof, gold In bund Increased
6,9uu,0OUf, bills discounted decreased U,ls57,
ucOf and silver In hund decreased 2,100,0uuf.
Men Growing Weaker
btrenuous Life Is Using Up Their
Vital Forces and Energy Faster
Than Mature Replaces Them.
As a result many are being stricken
with paralysis, locomotor ataxia, and
nervous prostration. To overdo any.
thing is harmful, and. a continuation
of It will wear out the strongest man.
Overwork, worry, brain-tire, high liv
ing, dissipation and other excesses
and abuses waste away the most vital
elements of the blood, brain and nerve
forces, and disease sets in. At first
there will be a general indisposition,
poor appetite, indigestion, severe
headache, wakefulness and weakness
In the back and spine, the temper irri
table, the spirits depressed, the mem
ory poor and the mind weakened, end
ing in premature decline or decay.
Dr. Chase's Blocd and Nerve Food is
composed of the same elements that
have been waste! and worn out in the
blood, brain and nerves. By making
new blood it turns weakness into
strength and forces new life and the
vigor of youth Into every portion of
the body, restoring- the patient to per
fect manhood. Weigh yourself before
taking; It Price 60 cents.
Sold and caaranteen by Myers-DII-Ion
Dra Ce Omaha, neb.
JLflTHlAk. WATER
is to be found among the staple articles of supply in
ever) leading hotel and club in the U.S. should be
convincing evidence of its supcriorityas a table water.
rUE RICHARDSON DRUB CO., SHERMAN & Mc CO MELL ORJ: CO.,"
JACKSON STREET.
DisTRiBLTine lotnrt.
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