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
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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
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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