TTTE OMATTA DAILY BEE: TUESDAY. JANUARY 31. 1905. WATER BOARD MEN ACTIVE Howell U Urging Early Passage by Hotse of tbt Doaga BilL FRATERNAL INSURANCE MEN IN EVIDENCE east la the of Aaether Mtflf Debate Orrr Iho Morkett nivsree Rill, Mrh la Killed. .MNCOIN. Jan. 3a (fcpecial.)-With un concealed desperation, II. B. Howell and other member a of the Omaha Water board ara besieging mtmbcri of the legislature tonight in an attempt to force the iKtxsugo through the houpe of tlie Dodge water board bill at the earliest opportunity. What argument thejr are offering to the legisla tors to ensure their approval of the bill that glvea the board bill power to contract with the water company, buy the plant or do anything elite without first submit ting their proposed plan to a vote of the people Is not known, but there are very few members of the house who have not been buttonholed tonight. Those of the board who compose the lobby besides Howell are J. F. C'oad, t. K. Congdon, A. It. Hippie, and Secretary Koenlg of the board, former representa tive Mangold la also here. W. T. Nelson, a member of the last house Is here with a number of amendments to the city charter, which he proposns to have Introduced In a few days, after a conference with the Douglas delegation. Major Furay, a member of the First Ne braska leglslaturb and the only survivor of the Douglas delegation of his time. Is hera telling stories of the early legislative day a. Strife Over Fraternal mil. Vleing with tho water board In point of Industry Is the Fraternal congress bill lobby. Several parties came down from Omaha as well an from out In the state to work for this bill. Representative Jackson from Antelope county has attracted considerable attention by filing a claim with the timekeeper for 10 cent for mileage, going to and from his home. He announced to the time keeper that the 10 cents was to pay street car fare from the depot to the capital building. The amount wan allowed. In Justice to Mr. Jackson however. It is well to say that he did not put In a claim for railroad mileage. Wall of Sherman county. Introduced a resolution to pay the employes of the senate, with the exception of the post master, mail carrier and watchman, for fix days In the werk, those named to be paia ror seven days. The senats In the committee of the whole recommended for passage senate fllo 28. by Jennings, controlling the operation of automobiles and traction engines on the publlo highways. The bill wss amended so that the driver of an automobile need not get out of his machine and secure permission to pans people driving in the roads. Senate file 21, by Vore, was referred back to f.he committee. This bill provides that the drivers of traction engines should lay planks across bridges and culverts before passing over them. Breese Introduced his amendments to the present divorce bill as he promised tho fenate he would. Debate on Divorce. After another heated debate this after noon the senate in the committee of the whole by a vote of IS to 8 reoumniendi-d that R. F. 4, the Mockett divorce bill, be Indefinitely postponed. S. F. i. the juvenile court Nil. though declared "unconstitutional by members of the judiciary committee and representatives of tlia Omaha Woman's club and other organisations, was passed unanimously. II. W. Vrnnock of Omaha. who came down this morning to suggest amendments to the bill whim n tits opinion would make It constitutional, failed to con vince Senator Mockett. who Introduced the bill, and the efforts of Mr. Pen nock will be diverted to the house committee. Members of the Judiciary committee voted for the bill, though In their opinion It la unconsti tutional as passed. Ths Mockett divorce bill, over which there was such a wrangle Saturday, retained Its place at the head of the general file and it was called up as soon ss the senate went Into the committee of the whole. Mockett requested, owing to the absence of so many senators, that it go over for another dny, retaining its place at the head of the file. Bresee of Sheridan st once suggested that the hill had been sufficiently discussed and ha offered. If the senate would Indefinitely postpone It, to prepare an amendment to the present statute to provide that persons applying for divorce should reside In the stato at least one year. This precipitated the discussion, which at times became warm, especially when Mockett requested permission to ask Wall a question. Wall's Tarl Reply. . "When I ain finished you msy call at my ofllre and I will be glad to entertain you," was the spirited answer. Ixjrlng the discussion there was also in jected ss much humor as heat aud a fairly filled gallery took turna in handing bunches of applauwe to Mockett. Jones of Otoe and those favoring the bill. Especially did Jones get recognition when he quoted that In his The Love of Eating. IS TUB AMERICAN BECOM ING A UOORMANO .m our largest cen ters of population, such as New York and Chicago, we daily see snore attention given to the inner man. Cafes and lunch-rooms are filled whh men and women who seem to give all their time and attention to thoughts of properly or improperly feeding their stomachs. "It is of coarse best to eat slowly, but not too much," aays Dr. Pierce, chief consulting physician to the Invalids' Hotel and flur ries! Iastitnte. of Buffalo. N. Y. In this i uta century people devote so ranch time to bead work that tnetr Drain is laggea ana there isn't sufficient blood left to properly take cars of the other organs of the body. The stomach must be assisted in its hard work the liver started into action by the use of good stomach tonic, which should be entirely of veretable iuarrdieoU and without alcohol. After years of experience in an active practice, Dr. Pierce discovered a remedy that suited these conditions in a blood-maker and tissue builder. He called it Dr. Pierce's Golden Medical Discovery -an alterative extract tliat assists in the digestion and assimilation of the food in the stout rb so tbst the blood awta what it Beads for food and oxidation, the liver is at the aamt' true started into activity and there is penect elimination of waste mat ter. When the blood is pure and rich, all the organs work without effort, and the body is like a perfect machine. Pi is I Dr. Pierre's Common Sense Medical Adviser is sentlrw on receipt of ataavpa to pay txpcutf of mailing oJy. bendsi one-cent slam is for the book in paper covers, or n si (pipe for the cloth bound volume. Addrcy Dr. fL V, Fine, CaBaio. . county there had been granted twenty-five divorces during the last year and bis an swer to the question that followed. "I would like to ask the senator a ques tion." said Haller of Washington at the conclusion of the Jones speech. "How many of those twenty-five couples would have lived together had you pre vented them from securing divorcee T' Jones evidently was loaded for the oc casion, for he pulled from the depths of a well-worn purse a printed page, from which he read at length about the few sacrificing their happiness for the good of the many, and from hie authority showed that all of them would have lived together. The gal leries give him liberal applause and the senator were tlrkled. The discussion covered the same ground practically that was gone over Saturday, though considerable more heat wan shown by some of the senators. Giffln was In favor of the Ureses compromise, as was Wall, Kpperson. Meerve. Tucker, Haller and Dlmery, while on the other side were lined up Mockett. Jones, Fries and others. Tarns Job Over te Honae. The Juvenile court bill, which was under discussion In Omaha Saturday, was recom mended for passage on Friday. Mr. Pen noek came down this morning, but Senator Mockett refused to agree to allow the bill to go back to the committee for specific amendments, preferring that If any amend ments were necessary they be tacked on In the house. It Is the general impression that the bill as prepared Is In conflict with the constitution and many of the senators so expressed themselves. However, Mr. Pen nock was willing to take the matter up In the house. Mockett believed It would save time to have tho work done In the house, and will agree to the amendments adopted by the house If they are such as sre recom mended by the Omaha organisations. Tucker of Richardson introduced B. F. 138 today, which Is to quiet title to land In cities of the first class that has been platted and laid out in town lots. There Is some difference of opinion regarding the titles and In his town, as In others, it Is desired to make some permanent Improvements. For that reason his people have asked that the matter of titles be settled. S. F. 13a. by Tucker, Is to compel millers and manufacturers f flour and meal to print on the sack the number of pounds contained In the sack, and to prevent the sale of these foodstuffs unless the number of pounds Is printed on the sacks. He stated thst there hnd been much complaint because of short weight and he desires to stop It. The senate convened at 2:30 and was in session until 5 o'clock. President Jennings presided over Ilia fct-uato and Sheldon of Cans was chairman of the committee of the whole. The following bills were Introduced and read the first time: S. F. 133. bv Wall Allows appeals from County Boards of liquallsutlon. S. F. 134, by Ullligan Ilepuals state bank examiner law. S. F. 135, by Fries of Vallev An act to declare the place of delivery of intoxicating liquors to be the place of sale. 8. K. 130, by Kpperson of Clay An act to amend section 812 of the Code of Civil l'roceduro and to repeal said section as it now exists. A creative measure. 8. F. 137, by Kpperson of Clay An act to amend sections 3 and 4 of chapter 79 of the Laws of Nebraska of 1S97, and repealing said sections as they now exist. Creative measure. S. F. 138. bv Tucker of Richardson An act to quiet nd perfect the title to land which has Ken platted and In Id out into lots a in.' 'dot ks. ,S. F. 13H, by Tucker of Richardson An ai't to regulate the sale of flour, meal and other ground ceroals to prevent short weights in the sale of such commodities. II. H. 17 An act to appropriate to the use mid benefit of the I'nlversity of Ne lirsska the moneys known as "The Agri cultural Experiment Station Fund," also the fund arising under the act of congress of August 30, 1890, commonly known as "The Morrill Fund." mid also the fund known ss "The I'nlversity Cash Fund." 8. F. 140, by Epperson of flay An act to regulate the execution of the death penalty. Makes governor set day of execution and order tjceeutlon. 8. F. 141, by W. A. Meserve of Knox An act to amend section R7J of srtlelo v of chnpter xxxvli of C'obbey's 'Annotated statutes. A creative measure regarding Issu'ng of bonds for villHge waterworks. HtRAM AD W1FK BOTH UKAD Pathetic Features Which Surround Case at Hnmboldt. HUMBOLDT, Neb., Jan. 30. (Special.) Pathetic In the extreme and partitklng al most of the tragic element was the death of an aged couple, Mr. and Mrs. George I.utx, which took placo within twenty-four hours of each other, to be followed by a double funeral and Interment of both In the same grave. Both of the old people were natives of Germany and both had been resi dents of the United States for about fifty years. When the final summons came the old gentleman waa In his 9nth year, while his companion waa seven years his Junior. Coming very early to Nebraska they set tled a few miles northwest of the city and raised their family of five children, three of whom survive and are residents of this section. All are sons, but only one mar ried; one of the others, a bachelor of 60 years, living with and keeping house for the aged couple during their last days. While Mr. Luts and his wife managed to accumulate a small amount of property during their productive years much of It was consumed In caring for their wants ss old age came on and death found them In a practically penniless condition. The son who remained with them was a poor man ager and thoaw who are familiar with the facta In the case, from Investigation since the double death. It seems a condition of poverty and dire distress waa at hand, al though It was unknown to the neighbors or townspeople. Living on a rented farm, where they had resided for years, the house even had been allowed to lapse into a hovel, with absolutely none of the conveniences and few of the necessities of life at hand. The doors. Inner and outer, hang without latch, to be blown open by the first gust of wind, the windows unstopped, end It seems the fuel provided was not sufficient to at all times keep the rooms In the proper tem perature for the Inmates, who oftentimes went to bed to better keep warm. F.arly last week the county physician was notified that the old lady was In need of medical attention and upon arrival at the place found her suffering from an attack of the grip, complicated with other constitu tional troubles, which left the nd only a matter of daya. Treatment was continued until Thursday evening, when she had lapsed Into a state of unconsciousness, and the physician predicted that death would relieve her sufferings before the morning light came. The prediction waa not verified, however, but when that time arrived the old gentleman was found calmly sleeping the long sleep that knows no awakening, having quietly and unexpectedly passed Into the unknown while the companion of hia joys and sorrows, lying at his aide In the same bed, knew nothing of the transi tion. In all probability tho news of the near approach of death to the one he loved was more than the frail nature of the man could stand and he succumbed, as lie would no doubt have wished hud he been able to so express It. Mrs. I.uts never regained consciousness after the news of her hus band's death was made known to her. In fact. It la a matter of doubt whether she even understood the Import of the message, but be that a It may. she lingered until the following evening, when she, too, passed over to Join the partner of her long and eventful life. Lltlaatlaa Over Milling Plant. FREMONT, Jan. .-8oclul.) Coosid slderable litigation is likely to grow out of the attempt to declare the Fremont Mill ing company bankrupt. The secured credi tors having claims sggregatlng over V0 (. are preparing to fight the bankruptcy proceedings en the ground that the claims alleged In the bankruptcy petition are for damages for nonfulfillment of contracts and that the othr damages are under t'-o" Previous to the filing of tho petition a plan for tho reorganising of the company was In progress which contemplated a sale of tho plant to local men who havw ample capital and some experience In the milling business and should the bankruptcy proceedings be knocked out the deal might yet go through. COLf.MBtS MA FATAM.Y SHOT Result of Too Mark IJqsor at Home of Man Who DM bantlnn COLUMBUS. Neb., Jan. 30. (Special Tele gramsWhat will probably prove a mur der was committed here thin evening. Exra Mahaffey waa shot and perhaps fatally wounded while In the homo of J. 9. Wells. Rt about 10 o'clock. Wells was arrested and taken to jail. Mahaffey Isj a married mnn and has been employed the past two years at the electric light station. He mads a statement to the physician who was called, which in substance Is as fol lows: He says he was at Wells home and the party was drinking when suddenly and without warning Wells commenced firing his revolver. The first shot missed Ma haiTey and he commenced to get out of the way. The second shot struck him nearly In the center of the breast and went through, lodging under the akin near the spinal column. Mahaffey ran from the house, but fell In the snow and was afterwards carried to a neighboring house and a doctor called. His exact condition cannot be stated to night, but there la said to be but little chance for him to recover. Wells has lived In this city since childhood and Is about 85 years old. He is married. Mahaffey Is about the same age and came here five years ago from Seward. His parents live here. In the Jail Wells made no statement regarding the matter snd probably does not know or realize yet what has hap pened. m of Nebraska. TT.ATTSMOUTH. Jan. 30-Ahout seven Inches of snow fell In this vicinity last night and today, which will make first class flrlKhlng. l.KKiir. Jan. ' 3n.The funeral of Miss Anna Pahl was held here yesterday from IT. C. J. Alger's hospital. She died follow ing nn openitioii. HARVARD. Jan. 3X Evangelistic serv ices, with Rev. l'titiiitm In charge, are still being held by the combined church Interests of Harvard, with fairly good results. ANSI.EY, Jan. . There has ben a fall of three ami a half Inches of snow In this vicinity during the past twenty-four hours. There was no wind. The thermometer reg isters 3 degrees above sero. HARVARD, Jan. 30 Snow began falling early lust evening and still continues, hav ing Increased the aggregate during this time close to four Inches, while the mercury dropped during tho night to zero. MADISON, Jan. 30. Charles I.. Harris, known as Dick, n life insurance agent, was today fined IMl In county court for wife rating on complaint of Henry Burch. No defense was made and the flue was paid. BEATRICE, Jan. 30. Charles Dookhorn of this city, a fireman on the Union Pacific, with a run between Beatrice and Manhat tan. Kan., had his foot badly orushed while assisting in loading a barrel of oil into a car. BEATRICE, Jan. 30 The Queen Cits Creamery company has taken possession of its new building and will be ready for busi ness February 1. The company will begin the manufacture of butter Just as soon as possible. I.KHJH, Jan. 30. Snow began falling here yesterday and continued through the night and at noon today it ia still fulling. Fully six inches has fallen since yesterday. The snow Is very light, the weather quiet and no drifting. GIBBON. Jan. 30.-H. P. Smith, a promi nent farmer living three miles southwest of town, while cutting out a car of hogs slipped und fell breaking his leg below the knee. Mr. Smith is a large man and It will be a serious case with him. HUMBOLDT. Jan. iW.-A circular naw operated by Ben Bohlken and J. W. Mayer, Jr., two young farmers north of this city, burst Saturday while running at full speed and a number of the workmen had narrow escapes fiom d-.ath or serious Injury. FREMONT, Jan. 30. About four Inches of snow fell here last night and It Is still snowing. There hus been nt wind and It has not drifted. Sleighs are In demand and fanners are riggiing up all sorts of con trivances on runners. The sleighing Is bet ter than ever before. FREMONT, Jan. 30.-L. L. Oreeno waa hound over to the district court today in default of I'.'iw bonds for failure to support his wife. They formerly run a restaurant on lower Main street. Last week, accord ing to the wife's story, Greeno sold out, collected his money and set her adrift. OUALALLA. Jan. 30 A slock company of the leading business men of Ogalalla have purchased the Keith County News and the Republican-Argus. The two pa pers will be consolidated next week under the name of the Keith County News, which will be conducted as a nonpartisan paper, with F. C. Morgan as editor. OSCEOLA, Jan. 30. Mrs. C. G. Gylling met with a bad accident a day or two ago. Her husband had generated the gas lor the acyteline lamp und th. ru was a lot of the alcohol on tho outsidtt. Mrs. Gylling tried to light the lamp and, as she could not reach high enough, the alcohol came down on her face and clothing and caught fire, burning her face quite badly. SCHUYLKR. Jan. 80. About five inches of snow ten here during the nlgiit, making In all something over a toot ol snow that has fallen here. Scarcely a flak of it has been disturbed, it even resting in trees and on roots where it fell. Such a condition is remarkable for thi locality, and tends to make snow effective to the full limit of the good It is to winter crops aud condi tions. BEATRICE, Jan. 30. Dudley castle No. 19, Royal Highlanders, held a special meet ing Saturday night to take action on H. R. No. 46 and S. F. No. Hi. known as the Kyd and Shreck bills affecting the repre sentation of fraternal Insurance orders. Hon. R. R. Kyd waa present aud explained the bearings of his bill. After hearing Mr. Kyd's explanation the order deferred action until its regular meeting on Thursday even ing next. BUTTE, Jau. 30 Last Friday night Grace Taylor, daughter of F. A. Taylor, a 14-year-old school girl, gave birth to a boy. She refused to tell the author of her downfall until tonight, and then she named Mike Slalcup, a young man of Butte, who was arrested and brought before the county Judge this evening and his bond ilaced at tn.'XiO, to appear on Februarv is. ie waa unable to raise the bond and Is now In the custody of the sheriff. OSCEOLA, Jan. 30 Tho meeting that had been held by Rev. M. Grlgahy at the First Methodist Episcopal church hare termin ated quite suddenly last week. The paa tor remarked that bomeUiiiea when he made a slHle (he announced that the meetings would be held all the weeki that the lxrd broke his slate, and that he had In this case, for the Wraiher was so cold that It was a hard matter to heat up the church and so (hey have gone into quarters until better weather. HUMBOLDT, Jan. 30 The case or the state against OUs Simms, charged with the vidoua assault on the person of Chris Stucke in the Sunday evening billiard hall scrap in this city a couple of months ago, has been continued another thirty duys, aud it is claimed will be given attention by the grand Jury, wlUch is to aerve at the next sitting of the district court. The Rulo case, wherein Bert Ogdeu ia charged with shooting John McClellan about tun days ago, is also continued for similar reasons at the request of the prosecution. BCHL'YLKh, Jan. Ju. The January term of the district 'court convenes here today, Judge J. it. Roeder of Columbus presiding. Criminal cases are few, the one that will excite greatest interest being the criminal suit for libel at the instigation of former attorney George W. Worm, against John C. Sirecher. publisher of the Free Lance. Mr. Werts waa a candidate for re-election for county attorney, and Mr. Sprecher waged a strenuous warfare to defeat him, the libel suit being baaed on statements made in an Isxue immediately preceding the day of election. SCHUYLER, Jan. 30 At 6 o'clock this morning the home of O. H. Moon and fam ily who were living in the Sarah A. Prince house in western Schuyler, was found to be so filled with smoke that upon getting up tho family consisting- of father and mother and rive children had only time to escape in such clothes as could be hastily got Into, soma having to get out with only lied coverings wrapped about them, ant two of the children not having time to get their shoes. All personal effects were lost save a couple of stoves and a few articles of minor value. Mm FOR MISSOURI RIVER Hons Oommitte Dead Set Againit Making Aiy Appropriation. SENATE DEPENDED ON TO INSERT IT Coacresssaaa Sorrls Has a Rate Reg- latlaa BUI little Chance for Rstenaloa of Time for Rose bad Settlers. (From a 8taft Correspondent.) WASHINGTON, Jan. 80.-(8peclal Tele gram.) The effort to get an appropriation for tho Missouri river In the river and har bor bill through the house has been aban doned, but an amendment carrying $250,000, to be expended between Sioux City and St. Joseph, will be offered In tho senate, and then every effort will be made to retain the amendment in conference. This Is the pro gram agreed upon between the Nebraska, Iowa and South Dakota delegations. Congressman Smith of the Council Bluffs district said today that the pronounced op position to the Missouri river on the part of Chairman Burton of the rivers and harbors committee of the house made It Impossible to secure any legislation for that stream so far aa the house Is concerned. Mr. Burton has always been hostile to the Missouri river. He has held that the river is not navigable and should not be so considered. Ho Is not willing to agree that the govern ment should protect its entrenchment upon the states which it touched, although It In recognixed by every department of the gov ernment as a navigable stream under the Jurisdiction of the government. Mr. Smith believes, however, that the program ss agreed upon, with the solid delegations named back of the proposition, appropriat ing 1150,000 to he spent between Sioux City and St Joseph, will prevail, at least he Is proceeding along those lines aud expects to have the help of everybody In the section named to keep the senate amendment in the bill when passed by that body. Xorrla Has Rate Rill. Congressman Norrls today introduced a bill looking to the creation of a court of commerce, which may not have any direct bearing upon the situation of the rate prob lem, but which shows that some of our western representatives are thinking of the question which Is uppermost In the minds of the people. The bill provides for the creation of a court composed of three Judges, having the same powers tin the su preme court of the United States, but limited to a review of railroad rates. His bill gives power to the Interstate Commerce commission to fix rates, a power which It does not have now, as stated by the su preme court. Having the right to fix rates he provides for a court of review, which he calls a court of commerce, and which has nn power to call witnesses or examine Into any conditions whatsoever, so far as the fixing of rates Is concerned, but to take the evidence as submitted to the Interstate Commerce commission and to affirm or set aside the action of the Interstate Com merce commission. In order that there shall be no delay the bill provides that a decision shall be reached within sixty days from the time In which the original action wns brought. It also provides that the rate fixed by the Interstate Commerce commis sion shall be put into effect by the railroad against which the action Is brought, falling In which the railroad Is to pay ,86,000 for every day the rate does not go Into effect. Preferential Homestead Rlaht. Congressman Klnkald today Introduced a bin giving preferential right to a certain clans of entrymen tinder the 40-ar.re act, commonly known as the Klnkald act. to 1 those settlers who were deprived of their settlement by reason of lands being with drawn 'under the Irrigation act and now turned back to settlement. Mora Time for Bet tiers. He also Introduced a bill giving entrymen under the Pathfinder Irrigation project In Nebraska until May, 1907, to commence residence. This bill is in effect amendatory to the national irrigation act wherein en trymen have only six months to commence residence. As tho Pathfinder project Is) not expected to be completed for several years, Judge Klnkald believes It will work a hard ship upon those persons locating along the canal to take up their residence when there Is no water In the stream. His bill extends the time of commencing residence and If passed will give those who have already located on the land the right to obtain leave of absence from the local land office until May, 1907. Senator Gamble's bill, extending time In which settlers are to make settlement on the Rosebud reservation to May 1, passed the senate today. The chances, however, of this bill getting through the house are very doubtful. The disposition of the com mittee on public lands, largely strengthened by an adverse report from the secretary of the Interior, bring against any change in the original date agreed upon. Hearing; oa sloax l.and Rill. The senate committee on public lands today had a further hearing on the bill giv ing settlers 840 acres of land In the great Sioux reservation in South Dakota. Sen ator Gamble and Representative Martin mado arguments In behalf of the bill. A vote on tho bill will be taken Wednesday and there Is every Indication it will be re ported favorably. Congressman Hitchcock today made an extended speech on postal savings banks. Senator Millard introduced a resolution today calling upon the Navy department for tho names of officers and men of the United States navy who were promoted for gallant and meritorious conduct. Major Hugh J. Gallagher, U. 8. A., who for some time past has been connected with the general staff, has been transferred by order of the president from the general staff to bo the head of the purchasing de partment of the Panama canal. Major Gallagher was appointed to West Point by Colonel W. F. Sapp, who was a member of congress from the Council Bluffs district during ths Hayes administration. Major Gallagher la known to many people of Omaha and Council Bluffs, where his mother still resides. All bills before the committee on election of president and members of congress have been referred to a subcommittee of which Judge Norrls of Nebraska la chairman for consideration and report to the full com HOWARD STREET FIRE. HOME COMPANY PAYS FIRST LOSS. THE STATU INSURANCE COMPANY OP NEBRASKA hol.ls the word for the irnmptet aud earliest adjustment of loss incurred in the disastrous Howard Street KIre of Sunday. The flriu of Marsh & Marah, Commission Merchants of 41ft South Eleventh Street, received payment of their loss in full liefore 11 o'clock Monday. OMAHA, January .'), lfV. Received of A. J. Love, Secretary of THE STATE INSURANCE COMPANY OF NEBRASKA, payment in full under Policy No. 18164, for our Ioah on stock of merchandise at No. -lltf South Eleventh street. We. are pleased to express our gratification at the early and satisfactory settlement of Ibis loi-a and our appreciation of the company's prompt action. (Signed.) MARSH & MARSH. The Company's Annual Statement, recently published, holders of f 104.108.M. mittee. The subcommittee will liavo hear ing on Thursday. Persnaal Meatloa. Miss Gertrude Dietrich, daughter of Sen ator Dietrich, who Is not In tho best of health, has arranged to visit her unrlv Major Slaker, of tha artillery, stationed at Fort Morgan. Ala., and will leave next week for the south, to return. In all prob ability, by way of Florida. Senator Millard's bill for the relief of James W. Klnkald of Omaha, granting him a pension of 8.0 per month, passed the senate today. I F. Crowfoot Is In the city. Mr. and Mrs. C W. Lyman of Omaha are In the city and will join Mr. and Mrs. Guy C. Barton on a trip to the Mediterranean, sailing on Wednesday from New Tork. Postal Matters. South Dakota postmasters appointed: Junius. Lake county, Fred W. Schultx. vlee George A. North, resigned; Oelrtchs, Fall River county, William W. Smlthsoi, vice H. C. Allen, resigned. Nathan O'Keefe has been appointed rrg ular and Anna A. Keese substitute rural carriers for route No. 1, at Hebron. Ia". The First National bank of Mount Ver non, S. D., was today authorised to begin business with 25,0n0 capital. F. I. Mr Cormack la president; Grant Trotter, vice president, and J. M. Newell cashier. Naval Surgeon Dies. WASHINGTON. Jon. SO. Commander Niles. commanding the United States ship Boston at Panama, has notified the Navy department that the surgeon. Otto Kohl haso. one of the officers of that ship, re cently stricken with yellow fever, died sud denly yesterday. Surgeon Kohlhase was born In Minnesota and appointed to the medical department of the navy from South Dakota In May, 1900. Japan Repels Arensatlons, WASHINGTON. Jan. 30. The Japanese government has presented a note to this government regarding the communication recently addressed by Russia to the powers on the subject of the neutrality of China "repelling the accusations of Russia that call In question the good faith and loyalty of Japan to Its engagements." Nomination by President, WASHINGTON. Jan. 30.-The president today sent to the senate the following nom inations: Postmasters: South Dakota James Erlckson, Bryant; William Abbot, Waubay. Also promotions In the navy. FORECAST OF THE WEATHER Fair Today In .Nebraska. Warmer In Northwest Portion) Wednes. day Fair. WASHINGTON, Jan. 30. Forecast of the weather for Tuesday and Wednesday: For Nebraska Fair Tuesday; warmer In northwest portion; Wednesday, fair. For Iowa Fair In west; snow In east portion Tuesday; Wednesday, fair. For Kansas Snow Tuesday; Wednesday, probably fair. For Montana Fair Tuesday and Wednes day. For South Dakota Fair and warmer Tuesday; Wednesday, fair. For Missouri Cloudy Tuesday; rain or enow In south portion; Wednesday, fair. For Wyoming Snow Tuesday; Wednes day, fair lu east; snow In west portion; warmer In southeast portion. For Colorado Snow Tuesday; Wednes day, fair In east; snow In west portion. Local Record. OFFICE OF THE WEATHER BUREAU. OMAHA, Jan. SO. Official record of tem perature and precipitation, compared with the corresponding day of the laat three years: 1906. 1904. 1903. 1902. Maximum temperature.... 15 2 47 16 Minimum, temperature.... 3 15 19 2 Mean temperature 8 22 33 9 Precipitation 19 .04 .0) .T Temperature and precipitation departures from the normal at Omaha since March 1, and comparison with the last two years: Normal temperature 04 Deficiency for the day is Total deficiency since March 1 i Normal precipitation 02 inch Excess for the day 17 inch Precipitation since March 1 25. "B inches Deficiency since March 1 6.00 Inches Excess for cor. rjeriod. 1904 1fisinh. Deficiency for cor. period, 1903.... 1.17 Inches Tenaperatnra at T P. M. Maximum Tern- Tem- Statlon and State perature pera- Rain- of Weather. at 7 p. m. ture. fall. Bismarck, cloudy 2 4 .00 Cheyenne, snowing .... it 18 .12 Chicago, snowing 18 20 ,T Iavenport. snowing.... 14 14 .02 Denver, cloudy 2rt 2ti ,T Havre, oloudy 0 2 .AO Helena, cloudy 12 12 .00 Huron, clear 2 8 .02 Kansas City, cloudy ... 22 22 .T North Platte, cloudy... ltj .02 Omaha, part cloudy.... 14 IS .09 Rapid City, clear 4 8 .no St. Louis, part cloudy.. 28 30 .00 St. Paul, snowing 2 4 .01 Salt I.uke City, cloudy. 40 42 .on Valentine, clear 0 ti .i Wllllston, cloudy 2 2 .00 T indicates trace of precipitation. indicates below xero. L. A. WELSH, Local Forecaster. February Averages. The following data for the month of Feb ruary, covering a period of thirty-four years, have been compiled from the weather bureau records at Omaha, Neb. They are issued to show the conditions that have prevailed during the month in question for the above period of years, but must not be construed as a forecast of the weather conditions for the coming month. Temperature Mean or normal tempera ture, 25 degrees. Tho warmest month, was that of 1877, with an average of 38 degrees. The coldest month was that of 187S. with on average of 14 degrees. The highest temperature was 78 degrees, on February 26. 1KM. The lowest temperature was 28 de grees below zero, on February 11, UW. The earliest date on which first ''killing'' frost occurred in autumn. September 18, 1901; average date on which first "killing" frost occurred In autumn. October 12: average date on which last "killing" frost occurred in spring. April 15; the latest date on which last "killing" frost occurred In spring. May 19 18!M Precipitation (Rain or Melted Snow) Average for the month. .72 of an Inch. Average number of days with .01 of an Inch or more, 7. The greatest monthly precipitation was 3 oft Inches, lu 1K81; the least monthly precipitation was .04 of an inch, in 1873; the greatest amount of pre cipitation recorded In any twenty-four con secutive hours was 1.04 Inches, on Feb ruary 8, 1881; the greatest amount of snow fall recorded In any twenty-four hours trecord extending to winter of lsM-85 onlyi was i Inches, on February 9. 19. Clouds and Weather Average number of clear days, lit; artly cloudy daya, 10; cloudy days, 8. Wind The prevailing winds have be n from the northwest. The average hourly velocity of the wind Is 9.3 miles. Tho highest velocity of the wind waa 49 miles, from the northwest, on February 4, 19. L. A. WKIJill, Iocal Forecaster Weather Bureau. shows Ssitets of DE5MS0N LOSES APPEAL UniUd 8tatot Eipwme Oourt Affirm De cision of Nebraska Tribunal. OMAHA MAN ORDERED TO GO TO IOWA Long Foasat Contest Resalta la Vic tory for tailed States Marshal Who Holds Warraat for Appelant. (From a Staff Correspondent.) WASHINGTON. Jan. 30.-t8pecial Tele gram) The case of Thomas Dennison against George M. Christian, United States marshal for the northern district of Iowa, waa today affirmed with costs by the su preme court. This means that Dennison will have to go to Iowa to stand trial un less bis attorneys should find some other legal remedy to delay the matter. The case was submitted on a brief to the supreme court a short time ago, W. J. Connell appearing .for Dennison. Tom Dennison was notified of the decision of the supreme court and asked sa to his Intention. He said he would go to Igan at once and arrange to give his bond for appearance there at the pleasure of the court. He has arranged for his sureties snd his bond only awaits the approval of the Iowa Judge. NO CHOICE IN MISSOURI Eleventh Ballot Rrlngs No F.leetloa of t nlted states Senator at Jefferson City. JEFFERSON CITY. Mo., Jan. 30 An other ballot, the eleventh, was taken today In joint session for United States senator to succeed Francis M. Cockrell, but without result, and the session waa dissolved until tomorrow. The ballot resulted as follows: Cockrell, H; Nledrlnghaus, 46: Kerens, 11, and Hays of Putnam county, 1. The total vote cant was 108. requiring 65 to elect. Most of the absentees were paired. There were eight pairs In the senate and twenty-five In the house. Representative Wamsley of Kansas City today voted for Representative C. A. Hays of Putnam county. Mr. Richardson of Kansas City, who had been voting for Goodrich, voted today for Kerens. J. J. Shaw of Dade county, a Kerens man, was ahsent, but Mr. Kelly of Barry, ulso a Kerens man, was paired. The net result today was a gain of one vote for Kerens. He held all his men who were present. There wss only one ballot today. COURT APPOINTS RECEIVER l J. Dnna Will Manage Lincoln Street Car Lines rending; Set tlement of Case. LINCOLN, Jan. SO. L. J. Dunn of Lincoln was today appointed receiver for the Lin coln Traction company by the district court here. The receivership grows out of long standing tax cases against the com pany. The company owns all the street car lines In Lincoln. ROV DIES FROM ALCOHOLISM Fonnd In a Stnpor and N'ever Recov ers Consciousness. SEWARD. Neb.. Jan. 20. (Special Tele gram.) Dwlght Leftel, the 19-year-old son of George Leffel of Seward, went to Waco, Neb., Saturday night. In company with two other boys of the same age, and during the evening he was found lying out of doors In a stupor and was carried Into a house. It waa not known he was seriously ill until a short time before his death occurred. A coroner's Inquest was held at Waco Mon day, and tho verdict was death from alco holic poisoning. The boy was addicted to the use of Intoxicants, and the boys with him say ho procured a half pint of alcohol In Seward before he left. He waa an only on. Auditorium at Falrmount. FAIRMOUNT, Neb., Jan. 80. (Special.) Falrmount has a tangible prospect of se curing a modern ground-floor auditorium'. The trustees of W. A. Webb post, No. 18, Grand Army of the Republic, have nego tiated for the purchase of the opera block and have plans lu process of formation for the reconstruction of the building as soon as spring arrives. When tho work is completed the structure will be dedi cated and known as Captain W. C. Henry Memorial hall. Iowa Rank C iosee. KEOKUK, Ia., Jan. 30 The Commercial bank closed today. A notice on the door announces that the bank's affairs are to be wound up. It is true that Ghirardelli's Ground Chocolate is as healthful as it is delicious. Can you think of any other article of real nutrition that tastes like the sweetest deli cacy? Always fresh in patented hermeti cally sealed cant. sill $120,fG)l.V5, and surplus to policy Suffering Worn on Cured Grateful Mrs. Dawson, Restored to Vigorous Health by Dutiy's Pura Malt Whiskey, Heartily Recom mends Its Use to All Women Who Auffsr from Nervous Breakdown. Ml MRS. A. DAWSON. May 81, WOt. For over a year I have suffered Intensa aaonv from nervous ,'hlllty ami prostra tlon. I could neither rat nor sleep and wsa reduced to a mere shadow. The dootora recommended various kind of treatment, none of which helped me. They finally put me on your Duffy's Dure Mult Whiskey, snd In two months It hus completely re stored me to health. I sin able to sleep, my appetite Is gtod snd I have gained rapidly In flesh. I am very thankful to be able to recom mend vour medicine to all sufferer. Mra. A. Dawson, 310 I'leasunt Ave., N. T. C Duffy's Pure Malt Whiskey Rullds up the nerve tissues, tones up tha heart, sives power to the brain, strenatli and elasticity to tlie muscles, richness fa the blood, and stimulates circulation. It brings Into action hII the vital force, makes digestion perfect and enables you to Ret from food all the nourishment it contains. It Is lnvalunWe for overworked men, tired, nervous, delicate women and slcklv children. It Is a promoter of good health and longevity, mnkes the old youna and Ireeps the ynuna strong:. DufTy's Ture Mall Whiskey cures coughs, colds, catarrh, grip, bronchitis, consump tion, nd all diseases of throat and lungs. CAtTIOV tt hen yon ask yonr drt srlst or grrncer for Dnlty'i Pnre Malt Whisker ba sure yon art the gen uine. It's the only absolutely par medicinal whisker and is sold la sealed bottles onlf. Irfiok for tha trade mark, the "Old Chemist," on the label, and make sure tha aeal over the cork Is not broken. Price, $1.4M. lnffy Malt Whiskey Company, Rochester, Si. Y. HAND A A POT TO If especially valuable during tha ummer season, when outdoor occu pations and sports are most in order. GRASS STAINS, MUD STAINS and CALLOUS SPOTS yield to it, and it is particularly agreeable when used in the bath after violent exercise. ALL QROCERS AND DRUOOIfTS You Don't Have to Pay -from $7.00 to $8.00 a Ton for GOOD COAL. USE NUT $6.00 A TON LUMP.. $6.25 A TON All tirade Hard and Soft Coal GOSS-JOHNSON BROS. COAL & SUPPLY CO., 1519 FARNAM ST. PHONE 1307 f 0mL UC0AL 1 a, i- iaa HOTELS. av --'m . - uJiJaj HOTEL EMPIRE Broadway and Sixty -tltlrdStraal. umpire lirii NEW YORK CITY over $250,000 aJr JUST COMPLETED ELECTRIC CLOCKS, TELEPHONES AND AUTOMATIC LIUrUINU DEVICLS IN EVERY ROOH Complete!? liemudeled. Heleoorate4 and Kefuraiskrd tbroauaoat Oaa Mlaalo ta Klevaled and sabwar Station TatUe nearest ear at aar Railroad of Steamboat Terminal, t bey all Bass or transfer to tba Kmplra Within esuy walking- dlsianre of all Theatres and lrpurtinent (Stores. Rettaurtnt noted for Eicetlent Cooklnf Fffi cleat Service and Moderate Charrei Rooms (alth use nf hsth) $1.60 p.r day ua private T Suites " " taw - a) W. JOHNSON QUININ