TriE OMATTA DAILY DEE: TUESDAY. JANUARY 17, 1005.
6
TAX LEVY BY SCIIOOL BIN
Ninety Thousand Dollars Less Ailted than
Last Tear.
FINANCE COMMITTEE RETURNS ESTIMATE
arias; Made la Kitlxectlon of De
ficit and Redaction In Bonded
Debt and I liferent Charge
Hitherto florae.
School Board's Appropriation.
Tax Levy. 1P04-B. 1 !-.
Total Income ;.'. ;''
Teachers' salaries Mi.S-O .... 4 1 a
Janitors' salaries W.(fl 3-J
Officials and clerks lt. If1
Mlscellaneoua '. 1.W)
KiUlmated.
The Board of Education decided last
night that f.V.2,475 would be sufficient to
maintain the schools for the school year of
lavs- and that the amount necessary for
the city to furnish by taxation will be
fxn.VO. or the sum resulting from a levy
rale of 2.6 mills. This Is about I'JO.OX) It"
thau was demanded from the city last year,
when a levy rate of 8.6 mills, yielding ap
proximately 1,160,000, was asked. The sav
ing, according to Chairman McCague of the
finance committee, who prepared the esti
mates on an ass'umed total valuation of
tluO.OvO.OOO, Is due to the fact that the large
levy and heavy tax collections of laBt year
enabled the payment of nearly all of the
deficit or floating Indebtedness, leaving
nothing of this character to be provided for
this year. In addition about 110,000 was
saved In the amounts appropriated for In
terest on the bunded debt and for the alnk
ing fund.
In 19"S the whole amount required for
school purprwos was 597,860; In $v,350,
and In 19uS, i2,475. The sum set aside for
the payment of teachers Is Increased from
$316,000 to $318,000.
Finance Committee's Beport.
In his report Chairman McCague said:
Your committee on finance, after care
fully going over the matter of expendl
tuiea by departments for the paat few
years and obtuliilng ail the data possible
trimi the records of the board regarding
tin- amounts necessary to be used In the
various departments for the ensuing fiscal
year, makes the following estimate by
departments of the amount of money
needed :
Advertising $ B0
Architects' services l.Oio
Hi mil redemption fund 47.im
liooks lo.io
Cnrtuge 35o
Census enumeration l,0u
Construction 26,000
Drawing, music and kindergarten
supplies 2.nol
Election expense
Klectrlc power 170
Examining committee 226
Express and freight M
fuel 20,io
Furniture and fixtures 4,0u0
Improvements 6,rf
Insurance fund 1,0")
Insurance premiums l,l
Interest and exchange 43fl
Janitors 3C,Ono
Legal expense , fioo
Light and fuel gas... 9"0
Maps, reference books and globes.,.. 1,7"0
Messenger service 75
Officers and clerks 12,5nn
Page service 35
Postage : 225
Printing 2,n)
Piano rent and tuning 1M)
Kent , ., 120
Repairs 15,(K
Stationery and supplies 9.0m
Teachers 31S.000
Military supplies..' 500
Premium on treasurer's bond son
Miscellaneous l.tniO
Telephones 275
Total J5C2.475
Your committee, after carefully going
over the matter of receipts from all
sources, obtaining all the data possible
from the records of the board and con
sulting with the officers charged with the
collection of mien receipts, estimates the
resources as follows
Interest on funds In treasury $ 1.C00
Liquor licenses 240,000
Loss and damage to books and
property loo
Miscellaneous licenses 13,000
Non-resident tuition l,5on
Police court fines 6.500
Rentals 1,200
Bale of furniture. Junk, etc 175
State apportionment 40,(
Tax collections, 2.C mills levy 200.000
Total J562.475
Estimate of probable expenditures:
For the support of schools $447,475
For the erection and furnishing of
school buildings 25,000
For the creation of a sinking fund... 47,000
For the payment of interest on bonds
No. 12-3 Inches.
WHY
pay from 15 to (0 cents for a hair tonlo when
you can get a better article for
IfCEDTS?
Ask your druggist for a bottle of
IU1
ill
It cure dandruff and all scalp diseases, does
not darken blonde hair, but leaves It soft and
floissv. The trial of one bottle will make you a
rientlof UAIKINE forever. Owing to tlieex
trernolv low price at nhloh It is sold, we cannot
till mail orders unless 5 cents extra is enclosed
with tbe price. At drugglkis. 15. 40 sad 76 cents
a bottle.
BEAL-STREIT CO., 'SSWT
Drug Sales Co.. Chicago. General Sales Agents.
For sals locally by
SCKAEFER S ' CUT PRICE DRUG
STOKE, E. T. Yates, Prop., lbth and Chi
cago IJts., Omaha, 'Phones T47 and 787;
14 1 h and N St., South Omaha, 'Phone .No
t 6th Ave. and Main St., Council Blum
'Phono 333. y. 11 good delivered in either
city absolutely ire.
DR.
McGREW
SPECIALIST.
Treat all forms of
DISEASES OF
MEN
XH Year' Kxperleuee
18 Year lu Oman
A Madioat Kiporl
whose remarkable
uree ha ur
bro excelled.
Nearly 33,033 Cases Cured.
Varlcoc!. ttyarocl, Bloo Folon. Slrlctur. olu
lew rMbllitr, Low Strangis n VlUlur
His Home Treatment
fcu prMBuilr euri 'iieuumla at ol ckral
Kirw Hwul. kiamr n btdd a Ski U
mm l null coal kv tlin d rauu by
fribing foul can ana writ lor r'HKU bouK tmt
lr el tralinBt. Mrtlclu rat la siaia
Crtargaa cow Consultation Free
OSIc I lour 4 a. v t K . a.) guadajr. I
a .; r- m l" " " so
GSo 11 C. St..
Gauii. fc.b.
Every Woman
I Intonate J ftnil Vuht knnw
aixmi ma wumfcrirm
MARVEL V lirrtifiQ fepiay
TUo new fariwl ri V -c-
p.i-- mm i unvanieul.
It h. eniU'l.nprtv 111
M.HI ho
a.iii..r htil Mil ikalllll tut
llln.ir.l.'il !.-'. IlrlTe
full iwnk'ulilidMiMijnlM
nlnihl li l't t . MtWtll. tO.
t I'urklluM. Lm kwrku
ARK
For aals by
ICHArERS UHUU fTOBES. Wi aaa
CliK-ago sts.; o umahs.. 4th and X auti
Council Bluffs. Uh Jnd Mla st.
4.VUN St CO.. Uifc and louiia aUosU
and warrant 4J.no
Total ti2.473
Moaey Tint to Be Wasted.
"I wish It clearly understood by the
public," said Mr. McCague, In explaining
the report, '"that this money which we ask
for Is not to be wasted, and the money
that has been obtained has not been wasted.
The construction furid of fco.000. levied for
three years. Including the present, has en
abled us to build the Monmouth Park and
Reals schools without asking the people
to vote bonds, and there will be a hand
some balance left after the Besls school
is completed to apply on the next school
that ths board has to erect. We have
succeeded In cutting down the amount
needed for Interest on the bonded debt from
tiO.000 to 143.000, and the amount to be ap
plied in the sinking fund, which Is fixed by
law. from J60.000 to 143,000. These threo
Items aggregate J115.000, which the district
has to have, besides the 1447,475 which Is
considered necessary for the support of
the schools. Every possible pains has
been taken to retrench, and the money
axked for aside from that demanded by
maintenance Is for the purposes of better
ments and extensions In legitimate ways.
The Increase In the aggregate amount for
teachers I think fully Justified from the
results secured. We are enabled to plan
for a total expenditure of nearly $90,000
less than last year because the old deficit
has been nearly wiped out"
The members had agreed upon the finance
committee's report before It was read, and
It was adopted without discussion.
gome Corporatloo Flaw res.
It Is possible that efforts will be made,
either from within or without the board, to
have the levy cut under I mills, possibly to
2.5 mills, but whether or not the effort will
be made had not been decided upon this
morning.
A comparison of the principal expendi
tures by the Board of Education for the
last five school years shows that, while the
enrollment of pupils hag been growing less,
the cost of maintaining the schools has
been shooting upward. The expenditure ot
the board for salaries during the last five
years Is:
Salaries
Yesr. Teachers. Junitors. Officials.
1!03-1!4 $.107,067 136,24 $12,408
l(h2-l3 2W.994 Hfi.aU 11.83
19'l-lSi2 2J6.521 3Z,H1 H.iMO
li-l!il 291. S8 30.023 11.225
1S-1IOO 272,2X9 28.J26 10.S9K
During these five years the enrollment
In the schools has been: 1903-1904. 19.020;
1902- 1903. 19.107: 1901-1902, 19.704; 1900-1901,
19,384; 1899-1900, 19,633.
Expenditures on account of Interest
charges for the same time haa been.
1903- 1904, $60,067; 1902-1903; $51,176: 1901-1903,
$,20G; 19CM901, $44,475; 1899-1900. $43,771.
This table shows the enrollment at the
schools and the receipts and expenditures
of the board for the last five years:
Year. Enrollment. Receipts. Exoendltures.
1903-04 ....19.020 $47,177 $682,606
1W2-03 ....19.107 641,167 ' 621.7X4
1901-02 ....19.704 631.119 647,720
limo-fll ....19.384 600.424 479.461
1SH9-00 ....19.603 497,346 468.505
Trnant Officer's Report.
Truant Officer Tarker reported that for
that part of the school year beginning with
September and ending December 31, he had
apprehended 116 truants, served 81 notices,
caused 167 children to enter school, made
11 arrests, made 1,246 calls and walked 1,024
miles.
Jonathan Edwards, once a member of the
Board of Education, applied for the po
sition of custodian of supplies, his applica
tion being placed on file.
The contract for moving the old Mon
mouth Park annex to Thirty-sixth street
and Kansas avenue was awarded to H. W.
Barnum for $195.
President Christie appointed Harrison
Vance page to the board, vice W. H.
Christie, Jr., who has served for the last
two 'years.
The committee on teachers and examina
tions directed that certificates be Issued to
applicants numbered as follows, who passed
the examinations In December: Nos. 1, 2,
4, 6, 7, 12 and 13.
Secretary's Balance heet.
Secretary Burgess submitted the follow
ing statement:
Amounts apportioned for the various de
partments for the fiscal year ending June
30, 1906, expended during the first six
months of said fiscal year, and remaining
January 1. 1906:
Appor- Ex- Re
tioned. ended, malnlng.
Advertising $ 60 $ 38.00 $ 1200
Architect serv... 2.000 600.00 1,400.00
Books 10,000 1 03.55 9,8D6.45
Cartage 200 253.90
Census enumera
tors 1,000 952.89 47.11
Draw., kind, and
music supplies 3.000 B78.06 2,421.94
Flection expense 8,500 1,702.31 797.69
Electric power.. 200 61.30 138.80
Examining com.. 160 100.00 60.00
Exp. and freight BoO 2S8.53 211.47
Fuel 19,000 . 6,288.07 12,711.93
Furniture and
fixtures 5.000 1,239.28 8.760.72
Improvements .. 9,000 6.970.10 2,029.90
Ins. premiums .. 600 454.85 45.15
Interest and ex
change 50,000 23.222.13 26.777.87
Janitors 36,000 20,137.82 15,862.18
Light and fuel
gas 850 257.64 692.36
Maps, charts and
reference books 1.700 1,321.22 378.78
Printing 2,500 441.30 2,068.70
Piano rent and
tuning 250 81.00 169.00
Rent 250 260.00
Repairs 15,000 11,516.07 2,483.93
Salaries, officers
and ilerks .... 12,650 7,484.99 5,165.01
Stationery and
supplies 9,000 5.381.23 2.618.77
Teachers 315.000 133.367 58 161.632.42
Miscellaneous .. 75,000 1,387.93 73,612.07
Totnls $571,350 $224,488.65 $346,874.25
For transfer to
other funds:
Bond redemption. $ 50,006 50,000.00
Insurance fund.. l.OnO 1,000.00
Construction ... 25.000 25.000.00
Totals $647,350 $249,489.65 $397,874.26
Less amounts ex
pended In ex
cess of esti
mates 13.90
Totals $647,350 $249,489.65 $.397,860.35
Comparative statement of expenditures
for tho first half of the fiscal year 1903-4,
and tho flrnt halt of the fiscal yar 1904-6:
First half
Flsol Yr. Fiwal Yr.
1903-4. 1904-5.
Advertising .'....$ 39.90 $ 38.00
Architect services 60.00 ew.iio
Books 130.78 likl 56
Cartage 143.35 253.90
Centiun enumerators .... 926.16 952.89
Drawing. kindergarten
and music supplies .. 446.10 678.06
Election expense ........ 1,762.75 1,72.31
Electric power 61.80 61.20
Examining committee .. 77.50 loo.uo
Express und freight .... 226.25 288.53
Fuel 8,172.47 6.2X807
Furniture and fixtures .. 2.467.26 1,239.28
Improvements S.679.47 S.970.10
Insurance premiums .... 93.75 454.85
Interest and exchange .. 37.279.93 23.222.13
Janitors 19.718.50 20.137.82
Light and fuel gas .... 251.66 257.64
Maps, charts and refer
ence books 706 75 1,321.22
Printing 1.233.99 441.90
Piano rent and tuning .. 68.12 81.00
Rent 270.00 2.00
Repairs 12,375.05 11,516.07
Salaries, officers and
clerks 7.14889 7.484.89
Stationery and supplies. 6.4M.27 6.&1.23
Sltea 8o0.0
Teachers 121.141.44 fl33.367.58
Miscellaneous l.io.W 1,387.83
Totals '..$217,565.66 $224,489.66
Transferred to other
funds:
Monmouth Park fund .. 36,000.00 15.000.00
Beats fund - lO.OUO.Ou
Totals
I242.566.66 $249,489 65
Fifteen weeks of school. tSlxteen weeks
of schoeil.
Receipts for first half fiscal year,
191.4-5 ,..$293,632.01
Cah In general fund January 1,
19 6 ! 182.414.7
General fund warrants outstand- '
trig Januiry 1. u6 124.838.91
Balance In Reals building fund
January 1, I!i5 1,023.17
Balance In Monmouth Park fund
January 1, lu6 67.44
Just received, two carloads swell-body
and Portlsnd cutters; also bobs, oscillating
and two-knted. Linlnger 4k Mctcalf Co.,
Sixlb and Pacific.
! WD YCARRIERS ARE DISMISSED
Cunningham, After Trying to Bluff Oor
tsljou, Makes Deal with Taggart.
ORDERS SENT TO RURAL MAIL MEN
Inatrarted to Sapport Head of R e
pabllran Ticket and Demo
cratic Candidate for
Coaarreas.
WASHINGTON, Jan. 16 -Postmaster Gen
eral Wynne transmitted to the house today
"a statement of facts" relative to the dis
missal of James C. Keller, president of the
City Letter Carriers' association, ar.d Frank
Cunningham, Warren Turr.ber and H. W.
Aldrlrh, officers of the Rural Carriers' as
sociation. The Information Is In response
to a resolution Introduced by Representa
tive Hearst and agreed to by the house.
The response say Mr. Keller was dltmiysed
for being absent from his post eif duty
without leave. In his showing to the de
partment Mr. Keller states that he received
oral leave from the late Postmaster Gen
eral Tayne to be absent a year. When the
department ordered his return to duty he
filed a letter saying It was Impossible for
him to do so at present. His dismissal fol
lowed. The rural carriers' demand for an In
crease of pay la aet forth In the communi
cation In a number of letters credited to
the three named carriers, and all based on
an expedition made by Carrier Cunningham
to New York, where he lnten,lewedi Chair
man Cortelyou of the republican national
committee. Chairman Taggart of the demo
cratic national committee and Representa
tive Overstreet.
Cunningham's Instruction.
The plan was outlined at a dinner In St.
Louis and Cunningham was Instructed to
"make the best bargain possible" with "the
politicians." It was proiosed that Repre
sentative Overstreet should give out a
"newspaper Interview to the effect that at
the coming session he will allow to be re
ported out of the postofflce committee the
Fairbanks bill" (the situation In Indiana Is
that Fairbanks will be defeated, the repub
licans are of that opinion and should be
glad of a chance to make this trade). Then
what this Interview will be flashed all over
the country by the Associated Press that
Overstreet will do this.
"We will then get In our work of getting
congressmen and candidates to commit
themselves to vote for the bill. We will
then get out the free delivery news with
an extra whooping up Overstreet, that he
Is not such a bad fellow after all and urge
the carriers to support the whole ticket.
"But, if Cortelyou does not agree to thla
plan then we must do our turn In a game
of bluff say to him that we will support
the head of the ticket, but ai we have
nothing to expect from a republican house,
we will support the democrats for the re
mainder of the ticket."
The comment Is then made, "It Is a bold
plan, but It Is better to go along than to
stand still. Both political parties think
and believe we have much more strength,
many more members In our organization
and a more perfect organization than we
really have. This Is very much in our
favor and all comes from the quantities of
telegrams and petitions sent to Washing
ton last winter." '
Cunningham Sees Taargart.
Carrier Cunningham reported to Carrier
Tumber by letter from New York on Oc
tober 14, 1904, as follows:
I saw Cortelvou todav and he snld ha liml
a long talk with Overstreet and that he
could not give me nny encouragement, us
Overstreet would not commit' himself.' I
saw Mr. Taggart this afternoon and ha
tamea as tnougn the democrats would,
Without dOUbt. mips the hill if electe.l I
told him, however, that we could only sup
port a democratic house. I will meet him
again tomorrow morning.
After a meeting between Cunningham and
Tumber In Buffalo, October 19, 1904. a long
circular letter to carriers was prepared by
Tumber. In It he says:
I have presented to vou the advice nf tho
executive board. It Is their best Judgment
that all carriers and their friends should
support the hejad of the republican ticket,
uui a uernocruiic nuuse.
The postofflce department also says that
carriers named were absent without leave
In addition to their activity In politics. The
carriers were dismissed December 15, 1904.
Confirmations by the Senate.
The senate todav confirmed tho tinn
ing nominations:
Vespasian Warner. Illinois, commissioner
of pensions.
George M. Rlchey to be nostmnster a r.u
Grange, Ore.
SENATE COMMITTEE
IS
BISY
Hearing; Given E. P. Ilncon on Subject
of the Cooper-tt uarles Bill.
WASHINGTON. Jan. 16. The senate enm.
mittee on Interstate commerce gave a hear
ing today on the Cooper-Quarles bill, con
ferring greater power on the Interstate
Commerce commission. E. P. Bacon, rep
resenting the Interstate rnmmercA law enn-
ventlon, who has been heard at some length
by the committee, was examined. Replying
to Senator Elklns, he said that the question
or rebates was fully covered by the Elklns
act and that It remains for the intuni n
Commerce commission to enforce the pro
visions or that act.
It Is essential, he said, that the hmii. nr
the railroad companies be open not only to
inspection, Dut tnat inspectors be appointed
to examine the books of railway corpora-
A TRIAL FREE.
Myers-Dillon Drug Co., Drujjglsts at
16th and Farriani streets, tiuvu a llli-
eral free offer. Mr. Myers, lmvini
iuuruuiuy BiuiHneu Dimseir as to the
merits of raracauij.h. Mm Aid to the
Injured, states that all you need to do
Is to depoNlt 25.' with Myers-Dillon
Drug Co. and get a bottle of Pnra
cauiph. Use as directed. If you nre
not BHtlRtted return the bottle and get
your money back. Pnrncainpli cures
Burns, Scalds, Cuts, Wounds. Bruises,
fore Feet, Sore Toes, Sore Nose, Sore
Hands, Sore Face. Pnrncomph heals
Ulcere. Sores and Swelling. Puracnnipb
trlvea ease to tired hands and weary and
blistered feet Paraeaniph cures Pains,
Plmplea and Skin Troubles, Big nasty
blotches go away , when you use Para
eaniph. Money back If you are not sat
isfied. Paraeaniph cures Neuralgia
and Rheumatic Swellings. Cures bleed
ing and itching piles. Paraeaniph stops
Itching. You get relief at once. Para
camph Is goeid in cases of swellings and
inflammations and absolutely prevents
dangerous blood poison. Don't hesitate.
Don't argue. Get a bottle of Para
eaniph today. Keep it in the house.
Yes, a household necessity is Para
eaniph. You need it Just when
you don't expect. You can always
get your money back If you are dis
satisfied. Do you suffer from a
cold in tbe bead, pain in the
chest, ringing in the ears? I'se Para
eaniph. Heinember you can deposit
2."c with Myers-Dillon Drug Co., at
J(!th and Karimiu streets, ami get a
bottle of Paraeaniph. CSet It today.
Paraeaniph la made by a big Ken
tucky company. The Paraeaniph Com
pany, incorporated for $."i:mu, with
reft renees. Dun's, Bradstreet's or any
bank.
Grip Colds
Ijtxatlve Bromo Quinine, the world-wide
Cold and Grip remedy, removes the cause.
Call for the full name and look for signa
ture of B. W. drove. 26a.
tlons In order to discover when rebates are
paid that suits may be brought by the attor
ney general. He. would not at this time sug
gest an amendment to the Cooper-Quarles
bill covering that point but he thought that
machinery should be provided In the future
to meet thla condition.
Chairman E'.kins said It was Important
that somebody send for the books, as one of
the things deelred Is to do away with re
bates. What the country wants, said Sen
ator Elklns. Is that discrimination and re
bates be storped.
Replying to Senator Elkins, Mr. Bacon
said the railroads have gained millions
of dollars by the law forbidding rebates.
The committee adjourned until next Friday.
PRorEF.nnr.t of the hovse
Electoral Vote for President Will Re
Counted February 8.
WASHINGTON. Jan. Debate on the
Swnyne Impeachment case In the house
today was exhaustive, dealing with many
of the legal phases tf the charges against
Judge Ewayne.
The senate resolution fixing Wednesday,
February 8, as the time for counting the
electoral vote for president and vice presi
dent, the proceedings to take place In the
hall of the house, was adopted. A resolu
tion was agreed to providing for the col
lection of additional cotton statistics by the
census bureau.
PROCEEDINGS OF THE SENATE
Further Discussion of the Statehood
Kill by Simmons and Heybur.n.
WASHINGTON, Jan. 16.-By a vote of
30 to 24 tho senate today dwided to con
sider the cross-town street railroad bill for
Washington, but the measure soon gave
place to rtie statehood bill. That measure
was discussed for three hours by Messrs.
Simmons and Heyburn, both of whom
favored the elimination of Arisona from
the bill.
Would Advance Lake Shore Case.
WASHINGTON, Jan. 16 In the supreme
court of the' United States today the so
licitor general filed a motion to advance
the rase of the t'nlted States against the
I.ake Shore & Michigan Southern Railway
Company, Involving the right of the Vnlted
States to compel the railroad company to
file on annual report with the Interstate
Commerce commission, In accordance with
the law creating that commission.
Armstrong; to ult Office.
WASHINGTON. Jan. It-It Is learned
from a high source that Robert B. Arm
strong, assistant secretary of the treasury,
in charge of customs, has Indicated to the
president and to Secretary Shaw his pur
pose to resign to accept ' an Important
business position In New York. It Is, un
derstood Mr. Armstrong's resignation will
take effect on March 4.
SPORTS OF A OAY.
EVENTS ON THE RIXMNG TRACKS
Track at New Orleans Improves, but
Only Two Favorites Win.
NEW ORLEANS, Jan. 16 Under the in
fluence of cold winds and clear weather the
track showed Improvement today and was
Just a trifle slow. The change in conditions
luvored the ring anei only two favorites,
Kdith May and Sis Lee, won. The former
eiutclasseu her card and won as she pleased.
Heuulls:
First race, aix furlongs: Edith May won,
Flight second, Jake Sunders third. Time:
1:14.
Second race, six 'and one-half furlongs:
Allinda won, Jeleen' second, Ojlbway third.
Time: 1:2:!.
Third race, one mile: Death won, Merry
Acrobat second, knowledge third. Time;
1:4X ,
Fourth race, handicap, seven furlongs:
Sis Lee won. Old .Stone second, Careless
third. Time: 1:1. .',
Fifth race, mile and a sixteenth: Tootsy
Mack won, Lee King second; Homestead
third. Time: 1:50.
Sixth race, mile) and seventy yards:
Gregor K. won, Coruscate second, Lou M,
third. Time: 1:46.
HOT Si'ftlNUS, Jan. 16. Essex Park
results:
First rac. three furlongs: Eleada won,
Davenla True second, Evea Jean third.
Time: 0:37.
Second race, six 'and one-half furlongs:
Henry Lyons won; Fra Fillippo second,
Maraschinti third. Time: 1:24.
Third race, live and one-half furlongs:
Platoon won, Arc Light second, Gavin C.
third. Time: 1.10.
Fourth race, six furlongs: Irish Jewel
won, Idle Hour second, Waterford third.
Time: 1:23
Fifth race, six furlongs: Mlmon won,
Ivernle second, Arietta third. Time: 1:16.
Sixth race, mile and seventy yards: King
Raine won. Room Mate second, Priority
third. Time: 1:47.
SAN FRANCISCO, Jan. 16. Oakland re
sults: First race, five furlongs: My Order won,
McGregor second, Grenore third. Time:
1 :on-V
Second race, futurity course: Hulford
won, Profitable second, Waterspout third.
Time: l:.
Third race, five fnrlongs: Battder won,
Brennus second, Georgia Black third. Time:
1:03.
Fourth race, seven furlongs: Tarn
O'Shanter won, Box Elder second, Haven
Run third. Time; 1:05.
Fifth race, mile and one-eighth: Glen
arven won, 1-a.ngford James second, Theo
dore third. Time: 2.00.
Sixth race, mile and a sixteenth: Modi
cum won. Ink second, Brlora third. Time:
1:M.
LOS ANGELES, Jan. 16. Ascot Park re
sults: First race, mile and a third, hurdle handi
cap: Nitrate won, Fleet second, Sceptre
third. Time: 2:23.
Second race, three furlongs: Cashbox
won. Snowbound second, Loyal Front third.
Time: 0:43.
Third race, five furlongs: Bluecoat won.
Belle Kinney second, Kahallan third. Time:
1:024.
Fourth race, six furlongs, handicap: Tim
Hurst won. Durbar second, Flo Bob third.
Time: 1:14'4.
Fifth race, mile and an eighth: Brlar
thorpe won, Sheriff Bell second, Ralph
Young third. Time: 1:561.
Sixth race, one mile: Ray won.'Brnn
dlllo second, Eleven Bells third. Time:
1:45.
WITH THE BOWLERS.
On the Omaha Bowling association alleys
last evening the Drexela won two games ot
the three played with the Waverleys. Neale
led his team with the flue score of 6H2.
Score:
DREXELS.
1st. 2d. 3d. Total.
Neale 203 211 278 692
Hughes 141 li"0 166 467
Hartley 202 2u3 2ol 60S
Bunks .. 222 143 212 677
Zimmerman 163 ISO 171 614
Totals
831 Kl7 1,018 2,856 '
WAVERLEYS.
1st. 2d.'
Hodges .,
Grltlith ..
Williams
Cochran
Reed
1S2
167
127
178
181
Totals 835 987
Ore the Omaha Bowling Assocatlon alleys
last evening the I'nluii Stuck Yards took
the Omaha down the percentage column 1
two games of the three played. Francisco '
was u good pilot, but Ills pace was too
fast for his team, so tney gave me uinuriag
the last game. Score:
UNION STOCK Y'ARDS.
3d. Total. : H
234 174 bW. M
158 170 4H5 H
168 152 437 ! H
2u3 187 568 ; II
234 13 654 H
822 2.644
1st. 2d. 3d. Total.
. 255 lt-2 178 615
. 168 . 247 184 600
. 140 216 165 621
. 189 172 Ki 644
. 245 156 184 t4
. m U72 '.4 2,864
HAS.
1st. 2d. 3d. Total.
. 187 V.i 1WI 659
. 149 165 I9 1-3
. 215 ln6 214 iHi
. 174 22 181 667
. 1.15 229 lii9 613
. 910 941 998 2.849
Francisco
Poller ....
Brunke ...
Totals
Wigman ....
Hunter
Zarp
Huntiigtun
Emery
Totals ..
Double UUI at the Auditorium.
Skating and basket ball will be the bill
at the Auditorium tonight. The skates
will go on at 7:16 and continue until 9:3t.
Then the University of Nebraska and the
iiun?; Men' Christian atmeclallon basket
Lu,, i"iti will bike the arena and try con
ciualuii wtlh the nimble pigskin. These,
are ll. cn.W team lu LU slat and a
Uut aaius 1 askuraei, 4
BURTON TO GET NEW TRIAL
Supreme Court of United States Eeverees
District Court Judgment.
COURT NOT UNITED ON THE SUBJECT
Majority Holds that Testimony War.
ranted Conviction, bnt Money
Wae Received at Woh
ington If at All.
WASHINGTON, Jan. 16.-The case of
Senator J. R. Burton was decided by the
supreme court of the United 8tates today,
dismissing the writ of certiorari to the cir
cuit court of appeals for the Eighth cir
cuit and reversing the verdict of the dis
trict court for the eastern district of Mis
souri, on the ground that the payments to
Burton were made In Washington. Th
district court was, .therefore, reversed and
the case remanded for a new trial.
Aa to Jurisdiction.
As to the sixth, seventh, eighth and ninth
counts of the Indictment, the court finds
that the averments where the different
checks were received and paid were not
true. The checks were recclve-d In Wash
ington, endorsed by Senator Burton and
deposited In the Rlggs National bank In
this city. This constituted a payment In
Washington and not In St. Louis, where
the checks were afterward paid by the
Commonwealth Trust company, and the
decision Btates that "the court In Missouri
had no Jurisdiction to try the. offenses set
forth In these counts of the Indictment
already referred to. There was no ques
tion that such was the fact, and It was
error to submit the matter to the Jury to
find some other facts not supported by any
evidence.
Continuing, the decision says:
In the cajie at the bar the proof was not
disputed. The checks were passed to the
credit of the defendant unconditionally anil
without any sjieclal understanding. The
custom of the bank to forward such checks
for collection Is a plain custom to forward
for collection for Itself. The only liability
of defendant was on his endorsement. All
this made a payment at Washington, and
as a result there was a total lark of evi
dence to sustain the sixth, seventh, eighth
and ninth counts of the Indictment. The
court should have, therefore, directed a
verdict of not guilty on those counts.
This is not a case of the commencement
of a crime In one district and Its comple
tion In another, so thnt under the statute
the court In either district has Jurisdiction.
There was no beginning of the offense in
Missouri. The payment of the money was
in wasnington, ana mere was no com
mencement of that offense when the officer
of the Rlalto company sent the checks from
St. Louis to defendant. The latter did not
thereby begin an offense In Missouri.
, Court In Error.
The court also found error In the refusal
of the district court to charge as required,
when the Jury came Into court arid an
nounced Its inability to agree. The failure
to charge as required was beause the pre
siding Judge considered the points were ob
structions of law, but It afterward appealed
that the points had a bearing upon the
Jury's consideration of the cose. On this
point the decision says:
Balanced as the case was In the minds of
some of the Jurort, joubts existing as to
the defendant's guilt In the mind of at least
one. It was a case where the most extreme
care and caution were nects".ry In order
that the legal rights ol the defendant
should be preserved. Considering the atti
tude of the case as It existed when the Jury
returned Into court for further Instructions,
we think the defendant was entitled, us
matter of legal right, to the charge asked
for In re'gard to the previous requests to
charge, which had been granted by the
court under the circumstances stated, and
It wns not a matter of discretion whether
the Jurv should or should not be charged ns
to the character of those requests. A slight
thing may have turned the balance against
the accused under the circumstances shown
by the record and he ought not to have
longer remained burdened with the charac
terization of his requests to charge, made
by the court, and when he asked for the
assertion by the court of the materiality
and validity of those requests which had
already been made the court ought to have
granted the request.
JuMce Peckham also took occasion to
comment upon the fact that when the Jury
came In with a disagreement the Judge
asked how the Jury stood, raying that the
practice was one which should not be en
couraged. The opinion was handed down by Justice
Peckham, who took up the various counts
and recited the conclusions, as well as the
decisions of the court as to the conviction.
First The question of the construction
of the statute upon which this Indictment
was framed, is the first to arise. Upon that
question a majority of the court (Mr. Jus
tice Harlan, Mr. Justice Brown, Mr. Jus
tice McKenna, Mr. Justice Holmes and Mr.
Justice Day concurring), are of the opinion
that die facts alleged In the indictment
thow a case that is covered by the provi
sions of the statute, while the chief Justice,
Mr. Justice Brewer, Mr. Justice White and
the writer of this opinion, dissent from
that view and are of the opinion that the i
statute does not cover the case as alleged I
In the Indictment.
Second Assuming that the statute applies
to the facts stated in the indictment, a fur
ther question arises upon the general
merits of the case, whether t-.ere was suffi
cient evidence of guilt to fie submitted to
the Jury, and a majority of the. court, (the
same Justices concurring), are of the opin
ion that there was, or are not prepared
to sav there was not, and the same minor
ity dissent from that view and are of the
opinion that there was no evidence what
ever upon which to found a verdict of con
viction. Judate Harlan Dissent.
Justice Harlan dissented from the opin
ion on both points on which the lower
court was reversed. He held that the fail
ure of the court to give the Instructions
requested did not deprive Mr. Burton of
any substantial Justice and on the other j
count contended that In the matter of I
the checks the Washington bank was j
merely Burton's agent In collecting the
money on It. "As between the accused
and his client," he said, "lia was not in
any true sense compensated f,or the serv
ices alleged to have been rendered In viola
tion of the statute until the checks sent tn
him were paid by the St Louis bank, and
There is no
element of speculation
in the quality of
Old
Underoof
Rye
It is good beyond
compare.
I
H
a
he thereby relieved of all liability to the
Rlggs National bank arising from his In
dorsing the checks to It. It seems to me,"
he added, "that In reversing the Judgment
upon the grounds stated In the opinion
the court has sacrificed substance to mere
form."
The trial tinder the Indictment charging
Senator Burton with receiving a cash pay.
ment at St. Louts will proceed Immediately
at this, place The Department of Justice
has not yet considered the question of the
trial place of the Indictment alleging pay
ments In this city. It Is possible that the
statute of limitation may operate
against It.
Case Will Re Retried at St. Loula.
ST. IX1U13, Jan. 16.-Cnnel D. P. Dyer,
United States district attorney, who prose
cuted Senator Burton at hi trial, stated
tonight thut the rnse would be retried In
St. I,ouls. He said:
While the supreme court found that the
Missouri court did not have Jurisdiction In
the case ns regards the cheek payments,
which were pnul to the senator In Wash
ington, the counts In the Indictment which
e harge a fv cash payment still hold,
the actual payment was mad" in St. Louis,
nn! the Missouri courts have Jurisdiction.
The ense will be placed on the docket for
the May term and unless some delay Is
grunted to the elefense, the case will prob
ably lie elisposed of next spring.
Colonel Dyer read the opinion of the su
preme court granting the senator a new
trial, but made no comment upon It.
May Ak Barton to Resign.
TOPEKA, Kan., Jan. Is. A resolution
asking Senator Burton to resign was Intro
duced In the Kansas house and senate
today. Cyrus Leland, leader of one repub
lican faction In Kansas, and a member
of the house, Is authority for the resolu
tion. The matter will come up for con- I
fldeiallon tomorrow morning. An effort
will be mode to table It on the ground
that the case of Senator Burton Is yet
before the courts and therefore not a
subject for legislative action.
The Inland resolution recites thnt the
decision of the United States supreme
court today In the Burton case necessarily
deprives Mr. Burton of his usefulness as
a representative of the state of Kansas In
the Unlted States senate.
It Is by no menns certain that the resolu
tion will pass tomorrow, but a great effort
PLASTERS
A universal remedy for pains In the back (so frequent in tbe case of
women). They give inatantaneous relief.
Wherever there is
a pain a Plaster
should be applied.
Rhiumatlsm,
Colds, Coughs,
Wok Chist,
Weak Back,
Lumbago,
Solatloa,
&C, IC.
Allcock'a Plasters
are superior to all
others.
Fnr mini I ths rewlon "f th
Mlaaei, or fur Mnk
applied ie shown ftliev.
bemver their 1 pln apply
Alloc' Fluster.
Buy an irrigated farm for yourself or your son before
the advancing price shutH you out. The time ia fast
coming in this country when the owner of a good farm
will be a very independent man; the acreage of farm lauds
is limited, but our population is rapidly increasing.
The entire acreage of land available for irrigation,
either by Private or Governmental enterprise, will make
but a small number of eighty-acre farms compared with
the number of young men who expect to become fanners.
The Big Horn Basin has ample water, a splendid sun
shiny climate and a soil which, under water, is as rich and
productive as any in the temperate zone; send for our spe
cial I?ig Horn Basin folder, and keep that locality in your
mind in looking into the future.
Address,
L. W. WAKELEY,
GENERAL PASSENGER AGENT,
OflAHA, NEB.
DOCTORS fR m
We have heen the mean of restoring; thousands of afflicted sufferers to
complete and perfi-e-t health. Will you place your conflde-ne-e In the- ore of
honest skillful tend Hue cesnf ul specialists? Year of pracili ill experience!, thou
sind of diill:ir upent In researche and scientific Inve MiKHtion. supplemented
hv an Immense practice, huve enahled u to eveilve a speci.il system of treat
ment that I a H:ife, certain and peedy cure for nil private dltt-axe-i and weak
ness of men. The change In thousands of case I simply marvelous. Blighted
lives blasted hopes, weukened systems, detllltated and shrunken organs and
nervous wreck have been quickly and safely cured by our method. We have
evo'ved a system of treatment thut is a powerful, permanent and determined
medicinal corrective where men' characteristic energies have become weak
ened or dissipated, either throurh sexual excesse. indiscretions, abusive habits,
or the result of neglected or Improperly treated private diseases.
WK CURE QUICKLY, SAFELY AND THOROUGHLY.
Stricture, Varicocele, Emissions, Nervo-Sexual Debility,
Impotency, Blood Poison (Syphilis), Rectal,
Kidney, and Urinary Diseases
and all dlseaae and weakneste of men dtis to Inheritance, evil habits, self
abuse, excesse or the result of pecllc or private dleae.
rntCIITIlinU IDFF If you cannot call, writ for symptom blank.
lUiNSlllAIIUni I KLL office Hour-U a. m. to I p. ro. Sunday. 10 to 1 only.
STATE MEDICAL INSTITUTE
I JOB rarnam St.. Bat IJfri and Mth Sea.. OtMstha, Nr.
will be made by Burton's enen les to push
It through.
ANTI - CIOARETTF. LAW IS V.tt.ft
t'nlted Statea Snpreme Court Fa
t pon Cae Rrouaht from Iowa.
WASHINGTON. Jan. 16-The Iowa antl
clgarett law was upheld by tl e suprrmi
court of the United States today In th
two cases of Charles P. Cook and Robert
E. Hodges, affirming the decision of the
supreme court of Iowa. Tbe cigarette
soli were shipped Into the state In small
pasteboard boxes and the contention was
made that In effecting the law the state
authorities were Interfering wleh Interstate
commerce. The court refused, however, ttf
hold that the small boxes were original
packages and concluded that the action
of the state authorities In assessing a tax
upon Cook and Hodges was no violation
of their constitutional rights.
The opinion was delivered by Justice
Brown, who, In the course of It, said:
"While this court has been alert to protect
the rights of the nonresident rltltens and
had felt Its duty, not always with the ap
probation of the state courts, to de-clare the
Invalidity of the laws throwing obstacles
In the way of free intercourse communi
catrfm between the states. It will not len.t
Its sanction to those who deliberately set
out to debauch the public conscience and ti
trample upon the laws of a state."
The power of congress te regulate com
marce Is undoubtedly a beneficent one.
The police laws of the state are equally so,
and It Is rur duty to harmonize them, t'rw
doubtedly a law may sometimes be sue
cessfully and legally avoided. If not evaded,
but It behooves one who stakes his rasa
upon the letter of the constitution not to bet
wholly oblivious of Its spirit. In this casa
we cannot hold thnt plaintiffs are entitled
to Its Immunities without striking a serl
ous blow at the rights of the state to ad
minister their internal affairs.
May Re Kansn City Man.
KANSAS CITY. Jan. 1.-Dr. Clark, a
bicyclist known as "Dinvolei," who probably
was fatally Injured during a performance!
at Clenfuegas. Culm, on Saturday last. 1
believed tei be Dr. Clark Bunting of thla
city, 27 years old. Dr. Bunting was a grad
uate of an osteeipathlc ceilloge at Klrksvllle,
Mo., and after practicing his profession la
Kansas City for a time went to New York
City. .
For . mat Im or lnlna
In uldera, Klbuwa or elf,
whtrr, or for avmin, tlA
boh, ! , ana for Acmnv
KetM. Plilr tJronid biit( nu
and ihM rfsquirwt und aiipllrd
to pari atraoieu aa mown auora. ,
Own a Farm;
Don't Rent.
1
I
7.
