TFIE rtM ATT A' DAILY REE: THFUPDAY. JANUARY 10. 1005. S SETTLERS LOSE THE LAND Enprema Court P&ue Upon the Macb Discussed Boyd Court Ofwei. STATE'S TITLE TO THE LANDS IS GOOD Ctrwrt A Inn Panaea aa Two trrlcatlaa Cases m.m4 Aaks for More Briefs la Bnaaeam-Merphr (if, From a Staff Corre.pon1ent.) WKCOLJs'. Jan. U. (Special.) By a. de rision of the supreme rourt tlie Mate of Nebraska, Is entitled to 2.2") arres of land In Boyd county, and the tettlera thereon must b ejected. The frlnrlpal contentions of former Land1 ComrnlHloner Folliner re garding the rights of the state are uphold by the court. The settlers who claimed the rl(fht to hold the land olitsJned no satisfaction whatever. The a-t of the legislature, passed In 1901. to authorize the state land commissioner to deed the land In question to the government, so that It fould be deeded In turn to the claimants Ik declared void. Ind Commissioner Koll nier contended that the land belonged to the school fund of the state and the legis lature had no power to dlipuee of It. The tourt sustained this contention. The state bad selected this land In lieu of other lands due from the government, and after the selection had been made and st.provfd the claimants alleged that thny had settled on the lands and were entitled to possession under the United States home stead law. The state, through Land Com missioner Follmer. asserted that the claim ants never bad any right to settle upon the land. It being a portion of the Kort TUndall military reservation. After sev eral attempts to begin suits In various courts, and a disagreement between At torney Oeneral lYout and Land Commis sioner Follmer as to the best method of procedure. Attorney Oeneral Trout began an action in ejectment. Commissioner Koll rner being prevented from appearing In the suit. The claimants filed an answer first of a general denial and second of fact touching the source of title and ownership of the state. A general demurrer was In terposed by the state to the second de fense. This Is now sustained by the court. Chief Justice Holcomb. who wrote the opinion of the court, says "the issues aris ing under the allegations of the answor and of the demurrer thereto are not as clearly and well defined as It seems to us they might be made and such as would conduce to a more Intelligent disposition of the controversy." Settlers Still Have Hopes. Borne attorneys believe that the records I t this case are such that the Boyd county claimants have great hope of winning on n appeal to the federal courts. Chief Justice Holcomb's opinion, speak ing of the act of congress granting to the stata portions of the lands within the mili tary reservation as school Indemnity lands os.ys: The grant became absolute an the state became possessed of the foe simple title upon its acceptance of the terms of the grant and its selection within' the time limit of the lands granted for the purpose named as therein provided." Of the rights of settlers the courts say: "A person settling upon such land under uch clrcumataiiccs Is technically a tres passer snd cannot acquire vulld prefer ence right thereby, as against the state's tight to select lands as Indemnity school lands as In said act provided." Jt Is shown that tlio act of congress of 18S4 recognized only the right of an Indi vidual (.ettler who was In actual occu pation of a portion of a military reserva tion rlor to the location of the reserva taaoc,.prioc.Jj .January 0. .lSSk.ln good faith for the purpose Qf securing a home. Olvjng the preference right of entry to a bona fide settler on lands within an aban ilonnd military reservation In no way Im pairs the right of the Btato to select In demnity school lands. It Is not compe tent for the legislature to provide for the disposition of school lands to which the state has acquired a perfect and absolute title otherwise than as authorized and di rected by the constitution. The act of the h glstalure passed In 1!01 for tho relief of he parties therein named Is In contraven tion of sections 1 and 8 of article vlil of the constitution and Is therefore void. Haling- on Irrigation.. The supreme court established a prece dent in irrigation law by holding that par ties th.i. have, appropriated waters for Irri gation ptinoses pursuant to law and con tinue the use of water under such appro priation for more than seven years .oan not be enjoined from the continued use of uch right by a lower riparian owner whose T Lady Suffered Tortures with Itching Scalp Humor One Box of Cuti cura Ointment and One Cake of Cuticura Soap Cured Her. WILL NEVER BE WITHOUT CUTICURA "My scalp wis covered with little pimples and I suffered torture from the itching. I was scratching all day -and night, and I could get no rest. I washed my head with hot water and Cnticura Soap and then applied the Cuticura Ointment as a dressing. One box of Cuticura Ointment and one cake of Cuticura Soap cured me. Now tny head ia entirely clear and my hair is growing splendidly. I have used Cuti cura Soap ever since, and shall never be without it. (signed) Ada C. Smith, 309 Grand St., Jersey City N. J." CUTICURA GROWS HAIR Crusted Scalps Cleansed and Purified by Cuticura Soap Assisted by light dressings of Cuti cura, the great skin cure. This treatment at once stops falling hair, removes crusts, scales, and dandruff, destroys hair parasites, soothes irri tated, itching surfaces, stimulates the bair follicles, loosens the scalp skin, supplies the roots with energy and nourishment, and makes the hair grow upon sweet, wholesome, healthy sculp when all else fails. Complete external and internal treatment for every humour, from pimples to scrofula, from infancy to age, consisting of Cuticura Soap, Ointment, and Pills, may now be had cf all drnggiats for ooe dollar. A single set is often sufficient to cure tbe most untrestng cases. "atfaurm latitat. !k.M .it tm iLt f ChiH Pu.t. Cofi'iir imjib.iit.M4 l uhui aoap it owktaaai 1. wvritL et Sm Ckam. Cmvm Ltf Colun W. 4i. B imtB. S r Sen - W'o i Siav Maaaaa, aai 'Urn mMm li lalM DAY NIGHT mill privilege may be Injured tberebv. His remedy Is an action for damages. This Is the decision In the esse of Josr ph It. Cllne, appellant, against FV A. Stock and others, appeiwes. The case was appealed from Hitchcock county. The former Judgment Is vacated aiid the Judgment of the district court la affirmed. More Briefs la Bona earn t ase. In the case of I'.lshop Bonacum against Father Murphy the parties to the suit are asked to file additional brW fs. The litiga tion resulted from the expulsion of Father Murphy from his charge at Seward. The court wants additional Information on the ownership of the property Involved and the rpirltUHl or ecclesiastical status of the de fendant. MeCook Case Reversed. In the case of the McCook Irrigation and Water Power company against Charles G. Crews the original judgment of the court Is reversed and the decree of the district court granting a perpetual injunction was affirmed. A controversy arose between the water company and the upper riparian ownere, who wished to divert and use the waters of the river for their own use. The company sought to restrain the riparian owners by Injunction and this the. supreme court sustains. The company, declares the court, has a vesfd right In the water and Is superior to the riparian rights of the land owners farther up the stream. Para Food L,av gastalaed. The supreme court ha sustained the mire fond law nrohihitine: the adulteration of 'milk. The conviction of William J. Lansing of Lincoln, accused of selling for maldhydd milk. Is afflrmM in. an opin ion handed down this evening. Adultera tion of milk Is held to be diluting it with any Inferior or poisonous substance. In this case the formaldehyde was added as a preservative. More F.leator Bills. Senator Brady, secretary of the Nebraska Farmers' Co-Operative Grain association, stated this morning that he would probably have a bill Introduced at the present ses sion of the legislature to compel rallroada to build sidetracks for the use of the farm ers' elevators. A similar bill was Intro duced by Mr. Brady two years ago, but It failed of passage. An Informal session of the association waa held in the university chapel at 10 o'clock. Nearly a hundred representatives were present, the meeting being taken up mostly In a discussion of the needs of the association. Various speakers were heard, ml there were numerous suggestions for improving conditions. Most of the speakers favored a closer organisation between tne various Independent elevators. There are at present about 127 Independ ent or farmers' elevators In the state, and a large majority of these belong to the as sociation. Mr. , Brady said this morning that at this meeting it was expected that enough would enter to bring the member ship up to the hundred mark. A meeting of the association was sched uled for this sfternoon at which time the active work of the convention was sched uled to come up. The meeting adjourned this morning during the regular university convocation, but 'the members remained In their seats and listened to the illustrated lecture by Prof. Sweeiy. Lumbermen with Roosevelt. "I would like to recommend to this con vention," said President K. 8. Clarke In his address before the fifteenth annual con vention of the Nebraska Lumber Dealers' association, "that a resolution be adopted Indorsing the recommendations of President Koosevelt in the matter of tho Interstate commerce commission, and that copies of tbe same be sent to our senators and rep resentatives." river aoo delegates sre in attendance at this convention, which began Its sessions this morning In Walsh hall. Twelfth and N streets. President Clarke In his address also made the recommendation regarding President Roosevelt's ptund on the Interstate Com merce commission, and a resolution such aa he recommended will likely be passed by the convention. In addition to the half dozen other con ventions In the city at present the Associa tion of Independent Telephone companies Is meeting at tho Lincoln hotel for the dis cussion of proposed legislation! Bounty for Heaslan Fly. At a meeting of the State Board of Agri culture today a resolution waa adopted asking the Icglnluture to appropriate JJ.Ow to be used In the extermination of tho Hessian fly. Prof. Laurence Bruner, entomologist at the University of Ne braska, expressed the belief that with that amount he could rid the state of the plague. The board Indorsed his plan. It waa stated that the pest had cost the state $5,000,000 In recent years. HREME.V ARK GrVEJf A l.OHO RtX Loral Men and Visitors Victims of n Prnctlcal Joker. COLUMBUS. Neb., Jan. 18. (Special Tele gram.) About 1 o'clock this morning an alarm of fire waa turned In and all the visiting firemen Joined the local depart ment In answering the call. The depart ment waa directed first to on'e ward and then to another, until tho men hod run pretty well over the city, but could find no tire. It proved to be the work of some practical Joker. The alarm was turned In by telephone, but the night operator in the excitement could not remember from where it came, except that It was one of the rural lines, but which one and what number has rot been learned. A reward of 1100 has been offered for the apprehension of the perpetrators and the people generally feel Indignant over the matter. Two busihesa sessions were held by the Firemen's association today and reports of officers were read. The main feature of today's program waa the big parade at 2 o'clock. In which nearly too uuifornicd firemen were in line, headed by the Co lumbus band. Tho visitors tonight are being entertained at the North opera house, wlieru Charles B. Hanford Is presenting; "Don Caesar de Kazan." Officers for the uKovlutlou will be elected tomorrow and a placo chosen for holding tho next convention. Jury Falls to Agree. O'NEILL, Nob., Jan. 18. (Special.) Some months ago Joseph Nlchalizack, rosldlng In tho southeastern part of this county,' was arrested on a charge of statutory aasuult, and at the time there waa considerable public feeling against him. His trial be gun on January 6 and lasted until January 13, t which time the case was given to tho Jury. The theory of the defense was that It was a put up job and denied tbe accusation, the defendant declaring that It waa an attempt to beat him out of his property. Tl.e jury deliberated from Thurs day night until Monday afternoon, at which time they reported that they stood S to 3, but gave no indication regarding which number favored either aide. On Tuesday the Jury, after being out since Thursday evening, reported that they were unable to agree. On the theory that they would never agree Judge Harrington discharged them. Il was learned from one of the Jurors that the last ballot stood ten fur conviction and two for acquittal. The de fease was onductud by Attorney R. R, Dickson and the prosecution by County Attorney A. V. Mullen. Mrrrkait killed r Train. CENTRAL CJTT. Neb.. Jan. l.-Bpa-claJ. Jajuea 11. Borrynuui. out of this ulJy's prominent merchants, while walking along tbe Union Pacific truck today was ktrib'k by train No. T and Instantly killed. Mi.. Kerrj-uiaa started the first aur la Lane Tree, new Centra City, In 167, ana ad continued in the business from that date until his death. He leaves a wife and four children. Parity foanty Farmer Institute. FAPILLIU.V. Neb.. Jan. IS (Special. Through arrangements made by Sarry county farmers with the agricultural de partment of the State university a farm ers' Institute will be held In Papilllon two days, February 3 and 4. A good program, participated In by the several young men of the county who have taken the agricultural course In the university and men who rank high In practical farming, will be given. Ward King of Kans City will deliver an address, taking ns his subject, "Malting Koads Without Money." C. M. Iewelllng. one of the large stock raisers and farmeis of the state, will speak on "Breeding and Selection of Seed Corn, also "Care and Management of Poultry, "The Care and Management of Cattle and Hogs," "Alfalfa Culture," with other In teresting subjects will be dealt with by capable men. The Institute will be held In the court house and promises to be a big event. Hereafter the Institute will be held yearly. Alleged Rastlera Ronnd fVrer. NORTH PLATTli Neb., Jan. IS. (Spe cial.) Saturday afternoon Mathlas Barber and Alfred Markee were given a prelimin ary hearing in the county court, tho first on two charges, namely, cattle stealing and receiving stolen meat and butchering the same; the second on the charge of cattle stealing. Mathlas Barber was bound over to the district court on the charge of receiving the stolen cattle, and Alfred Markee was bound over on the charge of Bteallng two calves from Mrs. Morgan. The evidence Indicated that Markee went to the form of the Morgans and, after looking to sea that there was no men about the place, that he drove two head of cattle out of the pasture and drove them to Bar ber's place. One of these cattle was re covered, but It seems that the other waa butchered at tho home of Barber and the meat sold to the neighbors. The head of the butchered cow and Its feet were In troduced In evidence. Wreck ear Papilllon. PAPILLION, Neb., Jan. 18. (Special.) Last tilgt an extra freight going east, traveling at a high rate of speed, was derailed between here and Gllmore. A car In the middle of the train Jumped the track and blocked the main, line for two hours. No one waa Injured. The Overland Limited was held here two hours, as also were all other train News of Nebraska. SILVER CREEK. Jan. IS. A movement Is on foot to establish a system of electric lights here, with fair prospects of success. SILVER CREEK. Jan. 1ii.-Mrs. ChRrl ton'a barn, with three horses, wa burned this morning at 4 o'clock, and Is supposed to be incendiary. SILVER CREEK. Jan. 18. M. L. Rasst ter, for thirteen years cashier of the State bank, left last nicht. with his familyt to make their home at I-os Angeles, Cal. PLATTSMOUTH. Jan. 18 Tom Will, re pldini? wil h his parents west of Platts moutli, was kicked by a horse, and for a time the wound was considered seri ous. BEATRICE, Jan. 18 At a meeting of the Board of Education held yesterday after noon Miss Sadie Baird, who was given a year's leave of absence at the opening of the school year, was elected principal or the Weal school to succeed Theodore T. Johnson, resigned. BEATRICE, Jan. 18. Verne Thornburg, for a number of years operator and cashier at the Kock Island depot here, haa been ftromoted to t lie dispatcher's office at Falr mry. Mr. Thornburg will assume his new duties after a trip to California In com pany with Mrs. Thornburg. BEATRICE. Jan. 18. Judge Babcock held a short session of court here yesterday afternoon Hiid confirmed the referee's sale of Mary Chaplain agalnt Elizabeth Kirk and others. The land Hold was a farm lo cated near Te Witt, and the sale amounted to $7,000. Court adjourned until February 1j, when a special term will be held. PLATTSMOl TTH, Jan. IS. The concert given in the Parmcln theater by the Iowa State band was a grand success in every way. Mra. May Morgan and her sister, Mrs. Hilt Wescott, beautifully rendered a duet entitled "Peace to This Sacred Dwell ing." Ralph White, who i always a favor ite, sung two bulluds most acceptably. PLATTSMOT7TH, Jan. 18. Miss May Powell, a graduate from tho State univer sity in Lincoln and a similar school of edu cation In Indiana, and one of tho- most successful teachers in the Plattamouth High sciiool, has tendered her resignation to the School board to take effect tills week, and has accepted a Rimilnr position, that of teacher of mathematics. In the high school in Lincoln. BEATRICE. Jan. 18 The annual meet ing of tho State Savings and Ioan assn. ciation was held in this city yesterday aft ernoon. The business of the year showed a net increase of a-tseta amounting to J-iO.-000. The officers of the amociatios are: Dr. Chldetter. Western, president; V. D. Keea, vice president; Louis rafT, treasurer; O. J. Wilcox, secretnry. The three last names officers arc residents of Beatrice. LEIGH, Jan. 18. The modern Woodmen of America, Ancient Order of United Work men, Tribe of Bon Hur and the Royal Neighbors of America held public Joint in stallation of ofllcers at the lodge rooms here last evening. Invitations were out for all members of the orders and their fami lies. Fully 250 people responded. The cere monies were Interspersed with musical and literary selections. Refreshments suitable to the occasion were served. OSCEOLA, Jan. 18. The January term of the district court of the Fifth Judicial dis trict, in and for Polk county, convened yesterday morning with Judge B. F. Good of Wahoo presiding. There were but eleven cases on the docket, one of them being criminal. A few of the cases were ground through the hopper and then the judKe adjourned court until the Jury ap pears on Tuesday, January 24. when It Is expected that the whole docket will be cleared. BEATRICE, Jan. 18. Beatrice Indae, No. 19, Independent Order of Odd Fellows, In stalled officers last night as follows: W. H. Penney, noble grand; Alex Anderson, vice grand; S. P. Lash, permanent secretary; T. V. Rhodes, recording secretary; H. J. Chase, treasurer; Louis Werner, conductor; W. R. Tripp, warden; Lee Munster. right supporter to noble grand ; 3. C. Otlewalt, left supporter to noble grand; 1.. H. lieritl ley, right scene supporter; A. J. Trcaster. left scene supporter; A. C. Keel. Inside guard: J. "R. C. Field, outside, guard. BEATRICE. Jan. 18. Manettia camp. No. 40. Royal Neighbors of America, met last nlKhl and Installed these officers: Mrs. Atldie K uousv. oracle; Mrs. Clara Robert sun, vice oracle; Mrs. Klinna Havag, past oracle; Mrs. Julia Mayer, chancellor; Mrs. Alice Woods, recorder; Mrs. Nora Arnold, receiver; Mrs. Clara Phelps, marshal; Anna Leuz, inner sentinel: Mra. Laura Mudge, outer sentinel; Mrs. Susie Mudge, manager, three years; Dra. Love. Fall and Studley. physicians. Mrs. Ella Treadwell acted aa installing officer and at the close of the meeting refreshments were served. FREMONT. Jan. Is. The annual meeting of the Congregational church was held at the church parlors lust evening and waa well attended. The reports of the different organizations connected with the main body showed a satisfactory progress, though owing to a revision of the nieinla-rship roll there was a net loss of fourteen members. The treasurer's report showed that the total cxpenst-.i for 1!M. amounting to over H.i0, had been paid and tlifcre was a small balance on hand. These officers were elected for the year: Clerk, C. W. Mulloy; treas urer. J. W. D. Bell; trustee for three years, H. U. Treat; ilea. -on. Albert Johnson; dea conesses, Mra. R. V. Bacon and Mrs. Thomas Turner. The church is the second oldest In the state, the oldest being the First Congregational of Omaha, and stands fourth In membership MINNIE HEALY WILL RUN Coart Refases Order Close the Famous Moataaa, Copper Mine. ST. PAUL. Jan. 18.-A special to the Dls patch from Helens, Mont., aays that the supreme court today decided to grant the application of the Amalgamated Copper compauy for an order closing the tlO.oM.OO Minnie Healy mine In Butte pending an appeal to determine In whom the title la vested. Tbe titla Is In dispute betwnew the Heine and Amalgamated factions. The court. In doing so, however, made the an nouncement that for soma time It had been considering tbe rase itself and that decis ion could be expected within a few waks. ! COMPLAINTS ARE RENEWED Willis Land Company Attacks Work of Board of Eeriew. INCREASE OF MILLIONS IN ASSESSMENT Well Kaatrs Firms and Indlvldaals Asked to Come Before Board f Eqaallsatlon. and Show (lilt. The promised demand of the Willis Land company for increases In the personal as sessments of prominent citizens and mer cantile corporations has been presented to tbe Board of Equalization in the shape of ten complaints calling for an aggregate ad dition of 17,S61,0S4 to the assessment rolls. In some cases, notably those of Count John A. Crelghton, E. A. Cudahy and the M. E, Smith company millions are asked for. where the Board of Review made the as sessments In the thousands. Each com plaint Is made by Attorneys K. D. Pratt and John P. Breen for the land company and requevts that the person or firm men tloned be required to appear before the board and show cause why the assess ments proposed should not be made; also that all books showing smoun'ts of stock as per Inventories, bills and accounts re ceivable and payable, amount of fire In surance carried on stock snd fixtures and money, stocks, bonds, etc., on hand and in the banks be brought In. All to Be Cited. Resolutions have been prepared citing the Carpenter Paper company. Orchard & Wil helm, Herman Kountze and Count Crelgh ton to appear Thursday afternoon at : o'clock, and the others at 2 o'clock Friday afternoon. In conformity with the com plaints. These the board adopted Wednes day afternoon. These are the persons and firms complained of. together with tho present and proposed personal assess ments: Present Assess-Asxess- mentle nient. mantled. K. A. Cudahy fio.onO liOOfi.am M. E. Smith Co 290. 000 l.WO.oOO J. L. Brandels & Sons ITu.OnO WW.noo Nebraska Ciothing Co lmi.oon (Vm.ooo Hay den Bros 2"n.0mt Tii'l.COii Paxton & Gallagher ZiiS.nnO Tno.ooo Carpenter Paper Co l-'iO.Oi tfO.OnO John A. CrelRhton IW.fe'ft I.Otm.noO Orchard Wilhelm 7.'i.tt 20n.') Herman Kountze 31.341 StiO.OoO $1608,906 I'.t.t'JO.OOfl 1.18.96 Increase demanded )7,8i1.03i Determining; Railroad Values. With regard to the railroad assessments the members of the board have decided to do tho same as last year, that is mul tiply the returns of the State Board of Equalization by five, 011 tho theory that the state assessment was made on a one- fifth valuation basis while rropeity In Omaha for the city assessment Is taxed on its full cash value. The railroads paid the taxes last year under protest after this procedure had been carrlod out. This year, resistance before the board Is anti cipated because the figures of the state board show an aggregate advance of nearly 1100,000 over those of last year. The board will proceed to make the raise And will notify the railroads to appear at 10 o'clock Fri day morning to show cause why the mul tiplication should not be made, if the rail road companies feel 'that way about It. The Increase by the multiplication will be tl,886,!9 to the assessment rolls, tho fig ures by railroads being as follows: 0 State. Proposed. " Assessment. Assessment. Burlington ) 44.327 $ za.KK C. St. P. M. Sc. 0 34.510 17;'.5fi0 C. Jk N. .W ' St. 725 HS.fCft Great Western PM' 835 " ' 1M.13 O. B. & T '. 50J.OOO fiOO.ouu Union Pacific lio.oso . toMoo M. P. and Belt Line... 8.0o ' 410,000 S421.4T7 J2.107.3S6 421,477 Increase ......t Jl.t85,909 Looking- I'p Janlc Shops. Tax Commissioner Fleming, aiirlng the last few days, haa been devoting consid erable time to Junk yards and shops, with the result that he finds these propertied have been greatly under , assessed. He found one Junk yard that had at least $18,000 worth of stuff In it, according to the admissions of the owner, and another with something like IIO.OOO worth of goods on hand. These, as well as others of a similar character, havo been escaping each year with an assessment of a few hundred dollars. Now the tax commissioner pro poses to change all this and to add per haps 150.000 to the assessment rolls by com pelling the owners of the establishments to pay taxes on something like a fair valua tion of the Junk on hand. As a result of the Investigations and upon the tax commissioner's recommenda tions the board adopted a resolution citing the following Junk-yard owners to appear at 3 o'clock Thursday afternoon and show cause why the Increase proposed should not be made: Aaron Ferer, from 11.000 to $15,000. A. B. Alpirn, from $)0 to $25,000. A. B. Alpirn, as agent for the Pennsyl vania Iron and Steel compauy, from noth ing to $15,000. . . K Harding, from $420 to $15,000. Other Business of Board. On recommendation of the tax commis sioner Lew Wentworth, a ' building con tractor, was cited to show cause why his business assessment should not be ad vanced to $15,000 front $1,000. W. I. Kieratead appeared again to protest against the increase In C. E. Yost's us- sessment from $3,780 to $16,000, but the board declined to hear him as a representative, and cited Mr. Yost to appear on Saturday afternoon at 4 o'clock to be sworn and to answer questions regarding his personal property holdings. Mr. Klerstead an- IN THE w v nounced that Mr. Tost had gone east Tues day night. In connection with the hearings en the Willis land complaints a subpoena was or. dred Issued for H. S. McDonald, who wss chalrmau of the last board of review and In a position to tell pertlnVnt facts develorcd lefore that body. On reouest of the owner, the board re duced the assessment on the Karbseh block at Fifteenth and Douglas streets from llSo.Ono to I170.00O. leaving it the same as last year. C. S. Montgomery, on behalf of the Ca thedral chapter of the Episcopal Plocese of Nebraska, asked that the residence near Twenty-fourth and Dodge streets, used as a residence by Bishop Williams, be ex empted from taxation. The matter was re ferred to the legal department for a ruling today. Councilman Hove announced Ills Intention of requiring all complainants to be smoru as required by the rules and the declara tion seemed to meet with the approal of his colleagues. OUTPUT OF PACKING HOUSES Lara-e Increase In Marketing of Hogs aa Compared with Pre vious Week. CINCINNATI. Jan. l.-(Ppeclal Tele gram.) Price Current says: The movement of hogs to market has been liberal the last week. The total western picking wns 'm,oi compared with tTB.W the preceding week and 610.0m last year. Since November 1 the total Is ti.73r-.ii. against 6.0tVi,tin(i a year ago. Prominent places compare as follows: This list Cities. Season. Season. Chicago l.wt.f k I.IWmiiO Kansas Citv 7tS.iVi Ho.i'fl South Omaha 470,or 4.'VOii St. Ixiuis Klo.mio S75.iil St. Joseph 44:i.tfl :f40.m Indianapolis :trs.iK ,1Hi,i Milwaukee 277,'0 .TiW.OiO Cincinnati IW.nu 173.0"0 Ottuinwa 1v..(o 15n.iN) Cedar Rapids 1.Vi.0n 147.000 Sioux City llni.Ofi 12MI0 St. Paul i::iMiO 258.000 Attention. Musicians! Tou are hereby notified to meet at our headquarters, 1S08 Harney street, Friday, January 20, lfiOo, 1:30 p. m. sharp to at tend tho funeral of Bro. August Kohls. Fraternally. J UK THIELE. Secretary. FORECAST OF THE WEATHER Pair Today and Tomorrow In Ne braska, lown. Kansas and South Dakota. WASHINGTON. Jan. IS. Forecast of the weather for Thursday and Friday: For Nebraska, Iowa. Kansas. South Da kota, Wyoming and Colorado Fair Thurs day and Friday. For Missouri Fair In west, clearing In tho east portion Thursday; Friday, fair. I.oral Record. OFFICE OF THE WEATHER BUREAU. OMAHA, Jan. 18. Official record of tem perature and precipitation comparea witn the corresponaing day of the last three years: lft. llKH. iWH. ItSJZ. Maximum temperature.... 32 44 SO 41 Minimum temperature.... M 4 1:1 11 Mean temperature ;f - 33 Precipitation T 00 00 00 Temnerature and precipitation denartures from the normal at Omaha since March 1, I'.), and comparison with the last two years: Normal temperature L Excess for the day Total excfcss since March 1, 1904 S7 Normal precipitation 02 Inch Deficiency for the day 02 inch Precipitation since . March 1... .25. 57 Inches Deficiency Binco March 1, 1904.... 5.07 Inches Excess for cor. period, 1904 1.78 Inches Deficiency for cor. period, 1903..." .96 Inch Temperature at T P. M. Maximum Tern- Tern Station and State pcrature pera- Raln of Weather. at 7 p. m. ture. fall. Bismarck, clear no ::x .00 Cheyenne, part cloudy. :;4 K8 .00 Chicago, cloudy .'14 'M .01 Davenport, raining .... ;!4 :8 T Denver, cloudy 1 44 .00 Havre, clear 32 44 .00 Helena, clear 1U 41 .ik Huron, clear So :i .00 Kansas City, cloudy... 34 38 T North Platte, clear 38 48 .00 Omaha, clear 31 32 T Rapid City, clear 44 5t .00 St. LoijIb, cloudy 3 .W .50 St. Paul, clear 20 22 .10 Salt Lake City, clear... 40 2 4 JH Valentine, clear 3 44 .00 Wllllston, cloudy i 30 .00 "T" Indicates traco of precipitation. j L. A. WELSH, Forecaster. J TOM WATSON'S MAGAZINE Did you read Mr. Watson's announcement of the new Maga zine lie has founded? Have you subscribed for it? . Do you remember date announced for the first issue? IT IS FEBRUARY TWENTY-FIFTH. Do you remember the address of publication office? IT IS Xo. 121 WEST FORTY-SECOND STREET, NEW YORK CITY. Do you remember the nume of the Magazine? IT IS TOM WATSON'S MAGAZINE. Do you remember the subscription price? IT IS ONE DOLLAR A YEAR. - Do you wish to be sure of getting the lirst number? If so, send NOW ONE DOLLAR postal or express money order, or cash in registered letter, to TOM WATSON'S MAGAZINE, No. li'l WEST FORTY-SECOND STREET, NEW YORK CITY. PARLOR AND IN THE MITCH Wine of GirduJ is th medicine for every woman. Wine of Cardui builds up a woman' 1 ctren jth and make her fit for any duty. If the is ailing K puts her in the best health. If she b sick H cures her of such troubles as irregular periods, bearing down pains and all the weaknesses of womanhood. But you do not have to be sick to take Wine of Cardui. This natural female tonic is beneficial at any time. Periodical use of Wina of Cardui b necessary for most women who are burdened with social duties, women who have the care of young children and have to do their own work. They find this great tonic a grateful support at times when they arc tired, nervous and worn cut Will Tou Give Wins of Cardui a Trial? ALL DRUGGISTS SELL 100 BOTTLES. KBKA1D HELPS DAKOLKS Explains Eeiult of Eis Land Bill Appli cable to Western Nebraska. SHOULD WORK AS WELL IN OTHER STATES Senator nimble Asks 4ioernment to Pay Indians Old Claim for Resmln n W bite Family. 1 From a SlafT Correspondent.) WASHINGTON. Jan. 18 .-(Special Tele ftt h m l CnriFrrKuinuii lvliikxiit nnneared be- I fore the house committee on public lands today In behelf of Congressman Martin's bill extending the privileges of the KI11- I kaid act to the Sioux reservation In South ' T1..1..... I 1-1.. I.. .1.4 .!.. . l..a- ho far as it had progressed In Nebraska, was regnrd-d as eminently satisfactory; that a good class of settlers was being added to tho population of the state and that he believed It solved the gTeat prob lem as to the uso of the so-called waxte I laid of the nation In tho arid region. In the course of his talk he read a letter I from James Whitehead, register of the land office at Broken Bow. Mr. Whlte I head took occasion to deny the statement I that stockmen had rushed In cowboys prior , to the passage of the law 111 order that I they might get the benefit of the oddl j tlonnl entry with the increased amount. . Mr. Whitehead said that such statement had no foundation whatever, so far as rhown by tlie records of the Broken Bow office. Judgn Kinkald stated that 11.000 en- tries had Ikhii made under his bill since It became a law; that old homesteaders were taking advantage of this additional right and that girls and boys were enter ing upon theee lands as a birthright. I The same measure wns under discussion j In the senate committee on public; lands, j where Senator (vamblo and Congressman Burko presenteil the reasons why the Kin kald act should be applied to tho great Sioux reservation in South Dakota. Secretary Hitchcock has reported ad versely on the Martin hill, but It Is be lieved that in both committees of the sen ate and house there Is enough votes to report tho Gamble and Martin bills favor ably. Their passage Is another question. Klnkalil Files Brief. Judge Kinkald submitted to the supreme court today the brief of the defendants In error In the case of tJcorge Whltaker and others against Thomas McBrido and William H. Killgore In violating tho right to certain islands in the Platte river in Buffalo county. Tho attorneys In the casn, E. C. Calkins and H. M. Sinclair, not be ing members of the supreme court, they asked Judgn Kinkald to present the brief out of professional courtesy. Judge Hammer, attorney for the plaintiffs error, wired the court he would not be ablo to be present and asked for three days more In which to file his brief, which was granted. Reward for Indians. Senator Gamble Introduced two amend ments which he proposed "to press for con sideration when tho Indian appropriation bill reaches the senate. It appears that quite a number of Sioux Indians In 1S62, near tha mouth of Grand river, in Dakota, accomplished the rescue of Mrs. Julia Wright, Mrs. Emma Deeley and six chil dren, who were prisoners In the hands of White Lodge of the Sioux. In making this rescue these Indians sacrificed a number of ponies, and for their services Senator Gamble's amendment proposes to reward them to the extent of $200 each. Personal Parasrrapha. Senator Millard and Miss Nillard will return from New York In the morning. W. L. Turner, cashier of the State bank of Now Hampton, la., messenger bearing the electoral vote of that state, pulled down $2S7 today, enough to Insure him a visit to his old home In Buffalo. Job for Iowa, Man. At a conference today between President Roosevelt and Secretary Taft the president decidede to appoint A. G. Stewart of Iowa attorney general of Porto Rico, to tuic cecd Willis Sweet of Idaho, resigned. Mr. Stewart served us a volunteer In the war between Spain and the United States. Clan Gordon annual Burns' festival, Ger mania hall, January 25. Tickets, 6O0 each. WOMEN'S NEGLECT SUFFERINGTHESUREPENALTY Health Thus Lost Is Restored by Lydla) E. Plnkham a Vegetable Compound. Ilow rnanr women An you knw yrh are perfectly well and strong" Wn hear every day the same story over nl over strain. ' 1 do not feel well ; I M ao tired all tbe time I " More than likely you speak the satn words yourself, and no doubt you feel far from well. The cause may be easily traced to some deranpement of the fe male orpans which manifests itself ia depression of spirits, reluctance to pa anywhere or do anything, backache, bearintr-down pains, flatulency, nerv ousness, fcleeplrsf-ness. leucorrhopa. These symptoms are but warnings that there'is danger ahead, and unless heeded a life of suffering; or a serious operation ia the inevitable result. Tho never-failing-remedy for all thess symptoms ia Lydia E. I'iukham'a Veg etable Compound. Miss Kate McDonald, of Woodbridga, N J., writes : Dear Mrs. Pinkbam s " I think that a woman naturally dislikes to make her troubles known to the public, hut restored henlt h has meant so much to ma that I cannot help from tellinc: mine for tha sake of other suffering women. " For a long time I suffered untold aariny with a uterine trouble and irregularities, which made me a physical wreck, and no ona thought I would recover, but Lydia E. Pink ham's Vegetable Compound has entirely cured me, and made me well and strcng, and I feel it my duty to tell other suffering women what a splendid medicine it is." If you are ill, don't hesitate to fret bottle of Lydia E. Pinkham's Veffeta ble Compound at onoe, and write U Mr Pinkham, Lynn, Maw.., for special advice it is free and always helpfuL Imperial Hair Regenerator The Standard Hair Coloring for Ory nr Bleached Hatr, ts a eleaa, durable sad perfectly turmlsas Hair Coloring. Any natural shade. Leaving hWr tirautlful, clean ann aioany. ON a APPLICATION LASTS MONTR H. Unmrlo el hair colored free. FTtracr S iMuml. 6end fur Pamphlet 1 IMWRMI CeICAL WFO. CO. I.U W. I H St.. Ntw Yet. fhermaa A MrConnell Drug Co.. ltb Do4 ata. WINTER TOURS COLORADO $27jo ROUND TRIP 1 From Miaaourl River terminals. (Council Bluff te Kansas City inciumre.j VIA UNION PACIFIC EVERT DAY until May 1, '.. Return 11ml' Jnnel.. YOUR PHYSICIAN SAYS I that the dry mountain air of Colorado aa an elixir of life, stands preeminent. Always riroroua and InTlgoritinif, the criap atmosphere and delightful climate are at their best in winter. Inquire of riTT TICKET OFFICE, 1334 FATtNAM STREET. 'Phone 816. MEnAKDWOMfR. Cat Bit foranatra d lartaarKM.tallajnQiaUana, Irritation .r ulaarsttoaw of nuti BiaBibraaaa, Palalaa. a ad sot aatruar (aat or soiaosous. aid kr OrarstaaB, or nt In slats wrapoaa, pt tj praa. arapald, tat SI 00. or txntlt 82.7a. lunulas Mat at TWENTIETH CENTURY FARMER Onlr One Holla a. Tear. . .A1iss KateA1ebnald s til la I kTi , OaaraaMi 4tv u aat w attialara. 1-" PrOTaato) raulaglM. CTaTMEvtMSCHEMHlALCs. ""CIMIIilfUTI.I ITE1 EN