Nebraska Newspapers

    HIE COUNTER, FATURDAY.'AIMUL 4, lOOJt.
a
j
IV
LINCOLN WILL LOSE
IIIIILI.MITO.N OAH ACOOU.NTAVrS
1U TO OIIIUAfiO,
Lincoln will loso tho Burlington's cnr
nrcouninnt'M olllce noxt jnoiith. Tlio
oftlcri will lio movrtl to Chlengo nnd
there onsolldnted with tho "U." "d
Missouri Hues ofllceii. About sovcnty
vo clerks will In) nflocted h' tho
IraiiHfor. F. M. l.tiroru, Cat account
ant for the linen west of the Missouri
i Ivor, will be ninilo assistant car ac
countant with headquarters In Chi-
Cl.gO.
Information relating to thu proposed
move leaked out Tuesday, and Inquiry
revealed tho faot that thu proponed
imivu In no longer a scorct. It will ho
made some tltno In May. It In esti
mated thiil It will require two weeks'
Hum to nwiko thu transfer. Seventy
live dorks nro employed In tho Lincoln
olllce, which hits jurisdiction over all
the lines wont ot tho Missouri rIVer. At
Ht. Joseph tho Missouri linos cur nc
ootintani employs ahout thlrty-llvo
men In lilrt otllce. These will all ho
lliken to Chicago, wheio tho "Q" oar
uccounlunl maintains an ofllco force of
seventy-five men. Jt 1m not believed
ihut It vlll bo possible to reduce this
force, greatly by tho cotiHolldatlon. In
fact It Is sujd that a reduction of tho
foice U not the object In making tho
move.
Brttrr Mertli'f) Promised.
"It I believed that better service
can bo given by consolidation," Hiild
a Burlington ofllclul Tuesday ulghl."Hy
centralizing tho business of tho system
tho, bundling of equipment on tho west
ern Hiich will not suffer from dolnys.
In fact tho llurlliiRton alimi In tnako
Its sorvleo hotter, Tho move, wus prac
tically decided on soma time ago, hut
' definite iiniiounoomonl did not conic
until very recently."
For a long time the Lincoln ear no
oouutant'H otllce haH boon In cramped
quarter. Kor a time It was hoped tho
bit idlng ot a navy depot building would
lullovo the congestion, but when this
was abandoned for tho tltno some room
wan initdt! on tho top lloor of the pres
ent building. Moro room became noees
rniry as the business grew and It was
recognised that sooner o" lator Hiimo
move must bo nntdo to acuotumndato
th clerks.
People who heard the iwwh of tho
removal remembered that not a gioat
while ago Vieo President Howard Kl
llott of tho UtitlliiRton visited Lincoln
headquarters and spent a day lb look
ing tiver tho local oflires. It wan sur
mised that tho ilrst determination to
move tho cur accountant was then
made.
(Jrrut Territory Covered.
F. M. Lucore. car accountant for tho
Ilurllngton lines west of tho river, hud
4,19:2 miles under his Jurisdiction. Dur
ing tho period of cur shortage ljls work
lias been much 'Increased. Hero, an nc
countlng whs kept of tho 11. & M, cars
und of all other ears while In use on
tho trans-Missouri lines. The account
ant -ut St. Joseph kept track of cars on
the Missouri linos, which cover about
1,085 miles of territory. At Chicago,
-where a number ot men equal to that
employed In Lincoln urn kept at work,
J.67t$ miles of territory aro looked aftor.
The Hurllugton system owns 4r,00
freight, und 7C5 piiHscntcor cars. Tho
lines traverse, oleveji of the greatest
Htutes In the union. Tho jjrowth ot
population along these lines In a period
of ten years hits far exceeded twenty
per cent. Front these UkUP's It may
bo seen that the nrrnngelnentM ndenuato
to care for business ten years ugo aro
it trltlu out of date now.
Lincoln people learn with regret
that oeventy-flvo men aro to leave the
city. .Many of thorn aro property own
ers, and tho change will not bo welcamo
to them. Tito force at tho olllco has
rowii-rupldlK.dui-tuciha.uaat(! few
TUi'ftnd thta rpnmnt n( thi Bur-
llnirton has been looked upon as pe
(.cullarly Llnooln'w own, because of tho
IIYiuture of tho work and the loration
at the hub of the Hurllngton wheel In
tho west. Tho order to move, how
ever dissipates tho feeling of security
that may havo been experienced In
relation to keeping any particular
branch of the service here or any placo
In tho west.
The Poller of Hill,
Thcro have been many unloolccd for
changes In tho west ulnco Mr. Hill took
charge of the Ilurllngton. Tho policy
of concentrating tho operating and
trafllo departments In Chicago sems
Dover to have been abandoned for ono
minute since tho merger took place.
Tho first choiiga noted was in tho ad
vertising department of tho roud at
Omaha and the reduction In tho force
of the general passenger agent there.
There have been changes In tho meth
ods of accounting In all departments,
and the rigid Bystem of keeping ac
counts on tho 11111 roads havo been
Introduced In many departments of tho
liurllngton.
Much good has cbme to the road be
cause of Its ulllancc with tho northern
lines and new connecting links havo
been promised and never built. Tho
trans-continental trafllo has Increased.
however, and tho Ilurllngton has taken
long strides that would not have been
7,oi.lhl without a through line nf lt
own. Many oeneve, mat it wot
1...- .. kii... ., ii ...',..
have owned a line through the Ho
mountains by this time If tho merger
bad not tanen place.
Mmyl'ostpone nalldinff.
The removal ot. the car accountant's
force to Chicago may postpone tho
building of a new depot for Lincoln.
A large part of the third floor pf the
depot building was occupied by this
ottlce, und Its removal will leave a
vacancy there. This room can be
Utilized by tho other otllcen, thus re
lieving the congestion, and this may
have tho effect of deferring for another
year the building of tt new depot.
The move may not bo mude in a
rush. It Is said that it will require
two weeks to move, tho office and force
after the work stuns. TJho removal
will be made In May.
SOME COURT CONTROVERSIES.
Tx Suit Evidence la Before Judge
Hotmea.
Arguments In the enso of Lancaster
' county against the Fitzgerald estate
and Frank Kagnr nnd others was
heard Thursday afternoon in Judge
Holmes' court. This is whem tho county
brings nn action to compel tho owners
of the property In West Lincoln from
which u brick building, was recently
torn down to pay a Inrgo sum of bnck
taxes. , Mr. Kuger bought tho brick
which he used in hls'O street block, and
In the beginning of the controversy it
is alleged thut Mr. Eager und a repre
sentative of tht? estato agreed that if
it became necessary to pay tho back
tuxes that thoy would divide thu ex
pense. Htnce then Mr. Kngcr has de
sired to pay the oue-hu)f thu amount
ho claims Is due, but the other side has
shown no disposition to pay, lieforo
tho bricks were moved tho comity so
cured a bond for tlio pnyment of tho
taxes. Now County Treasurer Me
Knlglit appears In tho case as Inter
vener in behalf of tho county to auk
tho court to order collection on tho
bond.
Some testimony was taken Thursday
In thti suit where Alex Hot-guru sued
nnd secured a Judgment of restitution
from John Hurrop. The suit Is over
the poisesslou of the Capital hotel.
The result n justice court was not
iatlsfac)ory to Mr, Hurfop and hu ap
pealed to tho district court. Homo evi
dence in th cuko was taken beforo
Judge Frost yesterday.
, The Union I'aclilo lullroad will finally
have to fue thu question of Its respon
sibility or nuii-reripnpsllittliy for tho dtmth
of Mlclmol Hmlth, u fminer who wus
killed within sight of his fioma Just be
XMMt Um Wwi Lincoln idl! sevvruf yoara
ago. On Tuesday tho ran hi which
Hinlth's wblow. Mis. Mary Hmlth, situs thu
company fur i,WJ, Will 1)1 calltd III til
illnlrlol court of tlrevlry county.
The rullroud compiiny ban exhausted
all devices known to tha'btw to avoid
huvlng to imy anything lit thlx court, or
eu to have n. trial or It, and It Is still
(lKhtlng KdlNon P. Illch of tho IpruI
dfpurtiiiPtit ol the roud, was In 111" city
yesterday and offered Mr. T. J, Doyle
who rniircnunls thu widow PJ tu miiIIIo
tho rami, bvcaliie It will cost Iho com
pany thul much to IlKht It throiiKh th
courts. Mr. L)olc ugivcd to mku M,m, hut
thin wits us clone us thoy gut tugi'thcr
Mr Doyle will leave Monday to at
tend tho trial Of tho cann, aild llu huprs
to hit tho company kouO una hard. tt
tus colupellt'd to colilille hlx deiiiand for
itjcovery o below 1A-'M. Iiucuuhu If he
nukol more than that thu coin puny would
truntfer the nine to tlio luueiul courts
.Mrs. Hmlth was the second wife of Hiullh,
and the eiitutu or '.to ucrrs wus loft hit do.
ly to othur iiambu'iR of the tiimlly. sub'
ject to her life i'tnto. .Mr. Duylo cuilcuv
ored to ttiduce her to tiny uut the other
heirs but slm at Hint declined. Ho thought
It a good Investment und made thu pur
clmmj lilmrolf l.uttr slm iilian(vd her
mind und nought It buck from Mr. Doylu,
All thin tltno alio was thu acting ad
mlnlHtrutrlx of the ratuto, lint It bccaiuo
necensuty for her to secure n dlschnlHO
lit oruer to give mie in m mini, ami iur. pivunuu w dim m-j ii ,,....... ........... nwH wm oe nioinucrs neiorc (an. -i no
Doyle, forgetful of the suit In tlrcolev . ot today. Two people In early llfo per- -C.ie !.,. nRncd run for ono year,
county, scLttrvd her discharge, fltuno six ' mit elemental Impulses full sway utitl i . this venr tho unions hope to glow
months luter the attorney tor tho Union , ma , their illsinuy Hurt subsequent iZr nil lion tho favor of
I'aclilo ran nctoss tho tact of her dls U..M nriii-ied life Is full of a eonstniit , ?.,r i'KT , "
chuige. which ofcoiirso, pruvented hr Pe ""i ' ,'L 'V.li mltv IV. oil- t,ie ,ub,lc ,
from pmseutlng the ilamiiKo case :is ad I "cnso or I inpi tit ,"K1J-,""'"" m11i,1IVtP "The scale signed with tho painters
mlnlstrutrlx In Urecley county Mr. Uo li 1 r pharncters shown sent to 111""'" provides for arbitration and the strike
i.,.i. II...I In th urnlmir. HUM t.l ll.ll'., Iidp tllllt liresellt SOL III COIldltluttS With II T. '',. '.... ,im.i .!.. li ,..,.
: - " - - -;----.".:- .::-- i
appointed once more, ami incuiiwiiuo uih i
...I-UA.I ttw. rlAiil.ic jwilititt. UTikn Intutwl. I
.Kin;..;., iiiu umtvj .w...... ......v., ........r
trlx. Thu couit denied tnc application,
Meanwhile Mr. Doyle had discovered that
If he allowed the illninl8al to st.uid ho i
couldn't begin over iiguin. as the statute ,
company appealed to the uinrici court,
whero It ngnta Inst, Now It goes up to
flreoley eonnty to outer thu r.ainc old Jur
lmllctlonal question,
BACK UP SHEDD'S ACTION
athi,i:tio iioaho mumihiiis hay
iit:i,r.i:it ua.n.not play.
Members or tho athletic board at tho
university aro backing up Iteglstrar
Hhedd's lefusal to jiermlt 'Jim" Helt
zer, onu of thu candidates fdr pitcher
on the university team to register.
Tlio matter was tho talk of tho campus
vostcrdny nnd both sides of tho con
,. itni.
t. licit-
fnf h,l
lie of tho
troversy aro receiving suppor
aep was not permitted to register
cause he entered near the mlildl
semester and becnusu it seemed np
parent to tho university authorities
that ho was entering school for the sole
purpose ot playing ball.
Persons who have been Interested In
Imvlmr hltn 1-fL'lntpr ili'fctnl tlll'll' t)OSl-
lion by saying that Heltzer Intends to i
take u medical course next year und I
lag to iicuin over iiguin iiucr no .scour u i I)Utlblo with respniislulllty nnu justtto.
hor npiHilntinent. once mure Hut th? ' A nlmee stutud the main thome
ISieSie'Jf unttnih0 groui'id that ihefo ",'. i wells sttongly on tho beauty and jus
HV.S M1 ..." . lV ' RI21 Vli.f'.nJ.. i !KuJ,i" tho nf Individuality. Us keynote Is the
iiiu iiiiiu iiiiiiii iui iii-i l iiu vta iiuiniiiieiiu
or nmiiatton-twn yeais-iii a rim agiuiiKi ., vje, 0,t of n ltxly w u, declared
tho hrliiKlng of such an action, lie lies- J )",'' ,v,, ,n i, niwavs good Wits
toned bnck to Urecley county and got tlio that a lesolvo t0 ,,e 'llwn " h.,',, 1(i
record expunged and afterwards Ju.lgy too much like signing n n'rau 11
Waters reappointed Mrs. Smith. Tho I silo much pi eferred to havo It optional,
concluded to register this spring in quite unerring thrnugnnui inu imy.
order to get In on the baseball team. guci, attention to detail deserves men
Tbey declaro that he Is not receiving tlon on Its own uccount. ,And then Mrs.
u salary or any other pecuniary gnln Campbell uses a voice of melodious
on Recount of his playing. They de- quality to excellent advantage. Her ur
elare also that he will wait' Until the I ticulutlott Is slow, clear and distinct.
1117111111111 nf'tlir, next term In tho law i vt,. i,.,r.,l,,l m. ulurred sneocll. It Is
school and register there. Registrar
Hhedd said lust night that he ws In
clined to believe that the objections
against Heltzer would stand nguiust hltn
oven If tried to register In the law
department. He says that the author
ities are not required to register nny
body who applies If they have good
reason for refusing. Members of the
athletlo board who called on hint yes
terday commended hltn for the stand
ho has tnlton and Indicated that oven If
Heltzer registered 111 the luw school the
baseball committee which has author
ity to pass on the qualification of mem
bers of the team would not permit hltn
to join the squad. ""
Thu prevailing student sentiment ns
expressed yesterday took the stand
that Heltzer Is needed and no obstacles
HhoUld bo thrown In tho-wny ,ot his
plnylng.' Tho member of 'the-board'nre
not Inclined to let this Influence them
In their Judgment of, the case.
Coach Gordon apparently does not
consider Heltzer an Indispensable 'ad
junct of the team. He said yesterday
that even If Heltzer were kpot from
registering there would still be plenty
of good material left. He places Helt
zer close to thu head of tho list, how
ever. CSanlon's l,nt l)n-.
Coach Gordon will lenve today for
Denver in t espouse to two very urgent
letters from the manager of the loTguu
team there, Insisting that he report
for work at once. Yesterday was h's
lust day with the snuail and after prac
tice he expressed himself as well
pleased with tho outlook. Hatting Is
still a weak feature of tho work but he
thinks that with a little more practice
the team will be able to do from fair
to good work tit the stick. Considera
ble improvement was noted In the work
yesterday.
Tlio team lined tin about 3 o'clo k
agnlnst a nine from tho law sc'iool. !
Heltzer, Longaneckcr, Hhublnsky, I
Thompson. Gore and Sampson were In
the box. Thompson Is nn old man nnd '
tins speed, but is inclined to be n little
wild. j
Bender was behind tho but during
the entire gnme. WlUon and Moore nl- I
tern.ited at first and Tovvtisond held his
place on second, Sleon, Hnm ey and
"'0" were iu snort anu noon. Had
' nis oia position at third. Bin ! or. Ccok
Hurg and Whltcome were in the field
The game was a tryout and the cau II
datcs were shifted frequently In order
to bring out their uood qualities.
Manager Hell hup not taken definite
action regnrdlng tho request for a game
from Chicago. In order to ntcommodUo
them tho game with Lombard univer
sity will have to bu canceled.
CHRISTIAN CITIZENSHIP.
O. W. Uergp nnd Other DIkciinii .tin.
nlclpiil Problems,
G. W. Berge dlscusrcd "Geod Citizen
ship" Sunday before the meeting of
the Christian endeavor socl tv of C-e
First Congregntlonnl church The meet
ing was led by Otto W. Meier, who
made .some Introductory remarks on
the subject of the evening. In hl (!
dress Mr. Berge declared that chris
tians could exercise more Influence by
helping to create a healthy and vigor
ous public sentiment ,ln fnvor of good
government thnn by the mere use of
their ballot. City ofllclals ho said could
not carry Into execution any pro
nounced policy unless It was backed up
by the sentiment of the people ot the
city. Agitation, he declnred to bo nee
essnry constantly In order to keen tho
public conscience awake. Mr. Herao
advocated tho public owner hip or a
municipal lighting plant und other ptth
llo utilities for Lincoln. Ho dpclared
that one of tho crying needs of tho clt'
Is n publlo purk so situated that It cih
be reached by poor people with llttlo
expense, and advocated that the city
purchnbe two or three blocks near tho
business part of town nnd move till or
the buildings off and convort it Into a
pleasure putk for tho inahscH.
Mr llergo also declared against par
tisan politics In municipal affairs, and
said that city ofllcers should go into
olllce without being under obligation to
any party for their election.
C. II. Bargent spoke for a few min
utes on play grounds for children nnd
referred to the examples of other cities
in providing Bpots for the children. Mrs,
Hunter declared that there was no
need of play grouiulH If the children
wero nllowed to use tho school grounds
nutsldo of school hours. Bho severely
criticised tho city Improvement society
for calming blue grass to bo grown In
so many places thut children wero kept
away front spnees thut they ought to
bo permitted to use fur play purmises.
AIIDH A llt;,MHLI MILLIONS.
NKW YOllK, March 31,-At a special
meeting of the stockholders of the
Ameilcau Telephone and Telegraph com
pany today the proposition of thu dltec
lois to hierci (, Um (vipltul stock from
llM.foi.tViO to KM.ltHVA) wa rutlllod by
a largo mujotlty,
MRS, PATRICK CAMPBELL
"TII1J Jt)V
AT Til
OP I.IVIMt" IMIOIlUUtEII
: umvkii TiiuATitu.
When it preacher nnnounccs to his
congregation' 'You 'will find our text
In so and so,'' ho opens with an epi
grammatic statement of tho story to
fullow. HummUrlisIng In tho start what
Is to follow saves space.
Tho text of "Tho Joy ot Living" In
which Mrs, l'ntrlck Crtnipboll was seen
)at the Oliver Haturday may bo so
lidified Into wliut tho I'rluco says In
act II.; "Morality Is Intended to keep
tho strain pure. It It ceases to accom
plish that purpose It had bettor abdl
ciito In favor of Immorality."
Tho play Is by Hermann Ludermnnn,
fotemoHt of Out man dramatists or tho
realistic order. The title In the orig
inal "ICs lebo dns Leben" strictly trans
lated ht "fleiu'B to Life." It alms to
portray and does so very effectively
ono of the mhilllB In what wo are
.v.. - ?:".:..:.. . ....... ..ii..,. ,.
I ..I ....1 ... mill ,l.n i.p.if.t .Mftrill .ttrltl
-us cmicuiiouui ihuuh-iuib ,iiiwr. ....
....1. l)lt..t,l.. .1 fr.tn,lnril na l lnitl-11111
iiiiir 1 1 IU I lit ll.l I "tvuv --...
voice Within us thill uius hi mo oui
own lives, disregarding timidity and
nelf-nccusatlon us the result ot oo
IU,,i, introstiectlon. This nccords with
Not ovon n kiss. On Its surface, there
fore, It Is decorous and painfully gen
tOi'l,
Tho first thing noticeable about Mrs.
Campbell Is hor challenging personality.
Likewise her beauty. In, her acting
there Is never u moment In which Bhn
..vna niniv from tho character of
CnuntcBif. " "ll.J'V dentltvls
Campbell. '1 'be sit kl "K f dent U s
mm ."f,"1C !'rT., W,, Rfr m
Kieat from tho .little, tho one from the
PnimtPHif lientn nnd exhibits Mrs,
many. ... ... .
Whether part ei paung m "" """""
i or
for the time Doing out 01 u, , i e. m
. a movement of body, kcsIU,c' "
i ti.ii
I pose, nor it facial expression that is
,,,,, in .ip,-nni with the emoiioiis iui
thoughts of thu character. Indeed tho
ntnebs of tho by-play, of "business Is
nearly always staccato. Every worn ane
utters Is rcndlly heard In all parts ot
the house.
Tho scenes In which the actress was
rt I ! I il ! I
MXiXXlXtto houn. Ijji-l year iheoblalnrt Ijj W
ftS&JXtS&fiX ' &. S3 one" hour'moVthan I1TWK
in,. i,..tu-ipn the two unity parties, era without nnj rriction
especially convincing were the inter- f.,t.t Hie wallers are confident of wln
vlews with hor former paramour, the . nllK the light und have expressed the
exposure of their guilt In tho presence determination In remain out for six
of her husband li the third act nnd tho ; months If necessary to force thu pro-
cnlm despair which preceded her final
determination to end the unequal
struggle by taking her own life.
To a minority ot the audience, un
skilled In detecting strong points, Mrs.
Campbell unquestionably conveyed an
Impression of luck of force, of fire.
Nothing could be further from tho
.mil wimi iniiv be cnlled her re
pressive methods aro not evidences of
j limited talent but of reserve power not
necessuiy u cu i....... ..... y-
would.Vnd to tnako the character morf
or less groUuo.-rTrykJuuJ)CS
tween the sublime amrThe ridiculous
should be remembered In favor of Mrs.
Campbell's methods.
It should not be difficult for a, calm
and unbiased observer to see In Mrs.
Campbell's artistic methods far more
than the highest average of ability.
Forced Into summing her up epl
grumltcnlly for lack of space or other
reason, 1 would say that she was a
genius slightly fettered by compla
cency. The Impersonation of several char
acters other than Countess Hcntn was
favorably commented on by tho know
ing ones In the packed bouse. Absence
of sudden outbursts of passion prob
ably nstonlshed some, but they soon
became reconciled to nnd npprcclntod
subduvl noting not lacking In necesijury
strength. Force and dignity were rec
ognized In the acting of Wright Kramer
as the former lover nnd lOmmot King
as Count Michael, unfortunate hus
band of Hcatn.
Clover and well sustained character
sketches wore given by Chnrles Kowau
ns Prince Uslngln nnd Joslnh Gibson
as Von Gruenenhof, a rural legislator.
1(1 Cllll Uliiiil iitumini; ....
The story Is so closely woven around
the guilty pnlr and tho hoodwinked
husband thnt It is quite dlflieult for
minor characters to assert themselves.
In spite of tills nil subsidiary char
acters were ndequitely represented.
There may lm-e b-on thoe In the
nudir-nrc who, thotish thoroughly 'In
terested In play and plavers. still had
u vague sene oi someining incongru
ous. It was tills; The story Is German
while tho stage atmosphere was dis
tinctly English.
For a Lincoln audience -for whose
tastes nnd opinions l am not responsl-ble-Mhe
theme of "Tho Joy ot Living"
is perhaps rather nn overlnrge commis
sion. To mo It seems that the grip Its
nrronlzlng story takes upon the sympa
thies fur outweighs Its repulsive fea
tures. J. H, T.
Mrs, Patrick CumpliPll. Miss Lnwbo
rln, her companion, n maid nnd Pinky
Panky I'oo arrived In the city shirtl'
beforo noon nnd took up their tesldeiKO
at the Lincoln hotel. The party was In
charge of Charles Lo'ilan, manager.
On her nrrlval at the hotel Mrs. Camp
bell was registered and retired nt once
to rooms which had b-en prepared for
her with the strict injunction that rhe
was not to bo disturbed until after 3
o'clock under nny pretext. A large
number of callers (locked to the hotel
to seo the distinguished ucttess but
they were Informed of her wishes nnd
could not got even tholr cards past tlio
Inexorable clerk. Mrs. Campbell was
registered as "Mrs. Patrick" and no
address was given for uny of tho par
ty. Probably Mie most Interesting mem
ber of the party was little Pinky Pun
ky Poo, or tit least more nttcntlon was
paid to the little Huffy white haired an
imal ns he promenaded through tho
lobby with his maid. ."Inky Is evident
ly a pampered little dog with a maid
to look after his wants. When the maid
went through the lobby she carried
her charge carefully In her arms.
Tim uudloncu thnt filled tho Oliver
completely last night was probably a
record-breaker for the seuson In sev
eral ways. It was a swell audience one
that bad paid the price demanded to
see the show, and to see It had dressed
lu Its best. There wero few expressions
of regret, and muny of Joy thnt Mrs.
Campbell had bean sueu in Lincoln.
The company will leave for Denver
today, on Its way to the Paclilo coast.
ARE EFFECTIVE TOMORROW
Sea I ex fur the lliillilliiir Trades Have
Ileen Signed.
"Lincoln will bo a union town Wed
ncsdiiy us fur us tho building trades
go," said a contractor Monday, "The
scales signed with the carpentors nnd
bricklayers become affective on April
1, und on that ditto nearly all of tho
contractors will conform to tho scales.
Tho carpenters havo given nn unusual
ly lloerul scale, and tho result will be
that tho contractors will pay good men
moro than tho scalo culls for, The
settle calls for U.60 for eight hours and
many contractors havo been paying
more thnn that to men who nro worth
It. In fact first class men have bcon
commanding $3 for eight hours work
of lato. ThQ carpenters ulso conevdo
to the contractors tho tight to employ
non-union mon provided they pay them
thu union wage, and this privilege Is
much appreciated by somo who havo
good men In their service who do not
belong to the union, Tho Idpit In mak
ing th scale was to placo It at tho
minimum rather than the maximum
urn! tlio Inlinr Under thexp ciiiulltliuin
can bo gtsdod. The carpenters havo'
shown conciliatory disposition all tho j
way through and l hope to sec thorn
rewarded for this. All differences are
to bo settled by arbitration and the
strike Is barred, 1 regnrl this scnlo
us n model that many other towns
might pattern after. While the scale
Is (tat. It Is placed low enough to al
low of variation In grading tho cap
abilities of the workmen.
"Seventy-nvo per cent of tho build
ing tradesmen nro union, and under n
wise tmllcv of administration on tho
part of tho unions nearly till trades-
.. ,...,,,. n. .,
(.HUI1I.LB UV I,
nilldlng trades tlcup,
unless, perhtips, 'tho teumstcrs cause
trouble. While wo do not look for
trotthlo with them yet theio havo been
I Indications that nil was not serenu In
that quarter Tho teamsters havo not
shown a disposition to enter Into ne
gotiations freely and It may be they
wan! something Hint has not bcon of
fered them.
"With tho brlckluyers tho scalo Is
Hat, but that does not make so great
a difference In this trade as with
others. The workmen nro moro nenrly
day Is n factor In the scales signed.
The contractors exchange membership
has been growing and the master
painters have secured a largo member
ship. Tho aim In adjusting matters
this spring has been to avoid friction
that might Ho up building operations.
"I took a drive over thu clt yester
"ay " I wa8 ,m,c "urprliied to see
lllnount of building und repair
work started thin early. There Is
miulj reim,e,';R. nn,, a Krcat dei ot
rebuilding going on
The painters havo
begun to Improve tho lookH of tho city
und ,f tho prcHcnt ,n.BresH Is kept up
ntll fall the city will look much dlf-
feront. Lincoln 1b growing and tho
growth Is such that tho worklngmen
will profit thereby."
ARE CONFIDENT oFwiNNING
Walters Are Determined to Unionise
Itestnurnnti. .
The situation regarding the strike of
the cooks' nnd waiters' union remains
unchanged and the number of non
union men serving meals to patrons
i i,ns not diminished, but In spite of this
prletors to sign their scale.
Kver since the men walked out the
restaurant proprietors have Insisted
that their trade litis not fallen off 'and
som have declared that they have
been benefited by the strike but this
statement is laughed at by the union
men who sny thut nil union trade hits
gone to those restJuirants where union
waiters are employed. Hesldes this
thny sny a great number of people who
sympathize wth e union hnve been
outing ai. thoso. dImi whoso nronrlc-
s?i'iarteZzzalKU(iti'Wna:lert--
"Tho caterers have lefused to treat
with the union since the strike was
Inaugurated." snld a union rami last
night, "and meet all advances with
the statement that they nre prepared
to sign the scale If the others do so.
They say the union men can go buck
and Hecure their old pluces but they
ennnot deal with the union. They
have no'objectlon to tho men belonging
to tho union."
The oillcers of the union have been
working to better the conditions In un
ion houses which have been com
plained of by people who wish to give
their support to organized labor but
who wore not satisfied with the meals
served. It Is claimed that a great Im
provement has been made In these
houses nnd they will be mnde much
bettor. When they are brought up to
n standard where they can compete
with high grade restaurants It Is
claimed that the trade of the other
restaurants will be damaged so much
Hint tne proprietors will be forced to
sign the scale. The union men say
, thoy can continue tho fight to a suc
cessful finish even If two-thlrdi of
i their number lenvo the city. Ten um-
Ion men ran hold tho chnrter.
The waiters say they do not caro
very much whether tho proprietors
sign or not. Tt was stated that the
waiters aro receiving loyal support
from other union men nnd they will
bo able to support thu striking men for
an Indefinite period.
PLENTY OF GREEN STUFF
L'nrly Market VeKelnltle's Aro
Teninl'lnw nnd Kny tn Get.
The early hot houso gardener is In
his K'ry pow und the front windows of
tho grocery stoics are heaped with big
piles of green vegetables. The'supply Is
abundant and the quality of tho early
stuff said to be good.
From Texas comes the early tomato
which has been on the Lincoln maiket
for several days. Grocers say that they
in p unusually good In quality and not
very high In price ror this season of
the ye'nr. They wero selling yesterday
at retail for SO cents a basket or 20
cents a pound. Tho locnl hothouses aro
furulbhlng all of the lettuce Heeded to
supply the housewives, It Is now 40
cents a dozen. Ilndlshes, parsley and
young onions are selling at the same
price.
Celery is selling for from $1.00 to
$1.20, spinach for $1.25 a bushel or 35
cents a peck. Water cress can bu had
for 10 cents n box.
Apples of good variety are high.
Wlneuaps and other varieties of equal
grade cost the purchaser $2 a bushel.
There aro cheaper grades on tho mark
ot hut they aro not choice.
Wholesale pgg deulers say that the
past week was the heaviest over the
state of any week during this season
of thu year for n number of years.
They place the excess at 25 per cent
over tlio biggest corresponding week.
Indications point to plenty of eggs
throughout tlio summer and for an un
usual product from the farm dairies.
Farmers are purchasing separators In
such numbers that predictions am
mnde of a 10 per cent Increase In thr,
butter output of the local, creameries.
AllGUUI) ON A DH.M Ulllt Kit.
The llabllty of the Llnroln Traction
company for thu death of T. C llellur,
who walked off a Houth Fourteenth
Ntreet ear ono evening near tho llrst of
tho present year while- going to his hninn
from thu city, was argued In dlidrlut
court yesterday on a demurrer. Attor
neys for Air Heller routotuled that tho
company wiih negligent In not having a
conductor on. the cm, and thut Mr,
Holler, becoming UUdnul gono forward to
wee thu inotoriimu and because the front
end nf tho cur was not guarded he fell
tu IiIh d;ath On the othur bund attor
neys for tho (ruction company argued
that as Mr. Heller had given no hIkiiiiI
tho ruotorman on tho front mul of the
cur, where Mr. Huller mot with thu
uci'ldt'iit. could have lunl no notice of
uny deilre on Mr Holler's purt ,
Kiirono's annual paymeuts for Inleiost
and other costs of past wars uinount to
uuutlicr ono thousand iiiJUlun dollars,
kit IHIIIUtl. xilin. in ttiii iiiij' iuiiiuTL-n
"You will notice tunc mo eigm uour
ARRANGE FOR CONNECTIONS
Ot'V.HIDi: TICM'.I'IIOM CONfl'AMKS
MAY HKAC'II LINCOLN.
At n meeting ol the Hilts brothers
with T 11, Pollock, iiiuiiugcr ot tho
Pluttsmouth telephone company, and
M. C. Hansen of the Kalrhury company
held Tliursdny mutually satisfactory
iirruugciucuts wetc made to connect
the last two companies with tho Lin
coln exchange of the new independent
company. Tho plans as formulated at
tho meeting will open up to Lincoln
subscribers of the new company close
to two thousand phones, subscribers to
tho l'liittsmotitli and the Fait bury com
panies. Besides the Plnttsmoitth com
pany has already exchange; arrange
ments with companies lu southwestern
Iowa, northwestern MIsmhuI and north
ern Katisits. Including these companies
Mr. Pollock said last night Hint It
would put Lincoln in communication
with 200 towns, Another result of tho
conference will be the wlthdriiunl ot
thu franchise otdlnanco In the granting
the Pluttsmouth people right ot way for
a toll station In Lincoln.
"Thu Impression has gone out thnt
wo are fighting tho Hills company,"'
said Mr Pollock lost bight. "This Is
not true; vu aro working In perfect
hut many and to correct this false Im
pression we havo decided to withdraw
the mdlmiuce. We will make direct
connection with tlio Lincoln nmpiny,
nrriingeinents for which weie niado
today,"
Mr. Pollock's company has extended
lis lino to Huvelock and will begin
work as soon us poralblo to build It to
tlio city limits.
.VI r, 1 1 it linen 1'leimeil.
i
Mr. Hansen or the Fairoury company
expressed great satisfaction at the
oiiticmo of tho conference.
"I consider it the greatest event In
Independent telephone circles except the
granting of the franchise to the Hills
people that has happened. There was a
good chanco for u runturo lu case
either pnrty stood out for Ids own In
terests to tho detriment of tlio others.
If thnt had happened It would hnve
been disastrous to thu independent In
terests. Wo have been looking for a
long time for a wuy to get Into u good
wholesale center. Heretofore our pu
ltons havo been unablo to reach any
wholesalers except In Ht. Joseph. This
ngreemont will glvu us Just what wo
were lifter. It wus consummated .vlth
out tlio least rriction."
Tho territory In which the Platts
moiith and the Falrbury companies
operate comprises practically all or the
counties enst or und Including Hallnn
and Jcffctsou and ns tar north as
Saunders and Hie lower part of Doug
Ins, excepting Johnson, The Pnlrbury
exchange has lines reaching to Wash
ington and Belleville, Kansas. In Ne
htuvkn It connects with Dlller mil l.i
Wltt. It Is now connected with 900
'phones.
rinttmunuth Territory..
The IMattsmoiith company has be
sides the main exchange at Platts-
moutli systems In Huvelock, Weeping
Water, Louisville, Klmwbod, lOagle,
Union, Murray und Ashland. They nio
now Installing a system at Nehawka.
It is rapidly expanding especially in
farm lines.
It Is understood that the Lincoln
company will supplement the eastern
service provided . by this agreement
with a number of toll lines renelilug
westward.
Mr. Hansen, who Is secretary ot the
state association, said that n meeting
of the association would bo held In
Lincoln at which Colonel Hills will
I confer with the managers of practical-
ly all of the local companies of the
j state regarding connections, He ex
1 pressed the opinion that within ,i short
I time the Lincoln exchnngo will bo eon
l nccted with every village mid hutnlot of
nny importance In the eastern part of
the state. The Independent companies
i are-sitM ,,toJl Finve close to Ti.uvu telo-
phones In operation over tho jtttito.
MERCER IS NOT A CANDIDATE.
Would Not Have tin- Plnee If It
Were Tendered II i nt.
David II. Mercer who returned from
Washington to Omaha v.lth the
avowed determination of making the
coming city campaign exeei'dlngly In
teresting for the llusewater-Moores
machine, was In Lincoln Thursday, lie
announced his business hen as pri
marily private but Incidentally he will
visit tho legislature today and renew
old acquaintances.
"1 will say positively thnt I nm not
I a candidate for mayor of Omaha," he
sum in response lu a qucsuoii. I
would not have It on a sliver platter."
"I expect to see a change lu tho mav-
; or't olllce after the campaign, hovv
1 ever. The people of Omaha are tired
of the Moores regime and aro unxlniis
fot u clunge. I do not know who our
cnnd.idate will be but he will bo a good
limn! Wo nro receiving every encour
agement from the people nnd I expect
to see the city hall tilled with a new
set of olllcials. Mr. Hennlngs, the city
treasurer will be re-elected but I be
lieve that the lenialnder will be de-
feutPfl. Tho rpliulillriitiH n pp tlrpil f
I having their primaries run by demo
! erntic votes. They have the Idea that
they can run tho primaries nil right
tlmmselves."
Mr. Mercer expressed the opinion
that the new primary law would help
purify the ptlmury system lu Omaha.
"It is not as stringent as the Minne
sota law after which Is was modeled,
but I think It will tend to keep demo
crats from voting at republican pri
maries. Of course that remains to bo
seen at the coming election."
Concerning ills future plans Mr.
Mercer said that It Is his intention to
return to Nebraska to, resume his life
hero broken by ten years In congress.
I "As soon as 1 enn remove my family
j from Washington I vv 111 resume my
law practice lu Omaha. I have been n
resident of Xebraska since ISO". 1 have
gone through the public schools of tho
state, graduated from the state univer
sity und I want to see If I havo to ask
permission of nnnn' to come back."
Asked If ho expected to bo a candi
date for congress again he merely said
that he is not now a i.indldatu for any
ofiico and that ho desired to try prl
vato life awhile.
Mr. Mercer will be In the city two
or three days.
COST OF -ELECTRIC UGHTING
Air, lliitton 1) no ten n Few I'Ikuich
Knvorlnir Municipal IMuntM,
Chairman Huttou of thu city council
lighting committee is working hard
for the success of tho lighting bond
Issue which will be settled ut thu elec
tion to bo held next month. Heceiitly
lie secured the IutcHt bullotln Issued by
the league pf American municipalities.
In this he Hilda many figures showing
t)io cost tn cities of lights furnished
municipalities from private and muni
cipally owned and operated plants.
Somo of the deductions made from
thesu figure's are Interesting enough to
bu quoted. Mr. Iltltton Is certain that
Lincoln can secure better lights nt a
lower cost per lump than Is now being
paid. Ho refers to somo objections
made on the ground that thu estimate
by Professor Morse of tho university
shows ho saving. In answer to thl.i
Mr. Huttou explains that tho estimate
is for a tin eo bundled nro light plant,
operation based on running all tho
lamps nine hours each night nnd every
night of the year. This would make
tho lamp hours greatly exceed the pres
ent scehdule lunlhtuluel by the gas
company, which bus a contract with
the city to run lu lights on n moon
llgit schedule, with but eighteen or
twenty all night lights and about 17J
midnight lamps. Professor Morse's fig.
tires are regarded hi Councilman Pow
ell, himself uu expert on nteum produc
tion, as excessive, Mr. Powell believes
the plant can bo run for about the samo
figure now paid for less than two hun
dred tamps, ut thu same time produc
ing tho cutufolty three hundred 2,000
candle power nrcs.
The bulletin makes tho following de
ductions from (ho llgutes printed!
"Kansas city last year began a
movement for city ownership of Its
lighting p.ntit This agitation was Im
medl.itely followed by a reduction price
by the prlvato company front $110 per
lamp to $S2.r0, This reduction not slop
ping the movement for municipal own
ership, a fill ther tedtictlnu was made
to $C5 per lamp for 3T8 2.000 oandlo
power nrc lamps, burning nil nnd every
night. Contract wns entered Into on
this bails for one year, with thu right
reserved to tlio city to extend tho privi
lege to live years,
"Tho nvoiugo cosls of lamps to thu
municipalities, ns shown by tliq prlvata
company table, Is ns follows:
"Two thousand candle power lamp,
about $"H; per hour, 2.45 cents: 1,200
caudle power tamp, ahout $81,21; per
hour. 2.40 rents.
"Massachusetts with Its carefully
gum tied state regulations, which havo
been referred to by electric light com
panies ns thu model system of regu
lation, pays a higher rate than any
other state except possibly Cnllforula.
"From nil the cities In that state
found In these tables, It appears that
the nvrnge price pnld per aro lamp Is
$90.li3 per year, or 3.01 cents pur lamp
hour. 'I heso clllei practically all uso
1,200 en hdl power lamps.
"Of the municipally owned plants re
ported the highest showing of cash
cost Is Hloomlngton, III., where It
iimoiints to $05.rS for 2,000 caudle power
or 2.S cents tier lamp hour.
"Tho lowest cash cost, where a mu
nicipality does not furnish commercial
lighting. Is $20.50 for 1,200 caudle power
lumps, or 1. 10 (,'cuts per lump hour ut
Gnlesburg, III.
"Fifteen municipalities show a ptoflt
on operation without adding interest
and depredation and four show a profit
after adding 7 per cent for these fac
tors. "Adding Interest und deiireelutlon but
two municipalities (Hamilton, O., nnd
Wheeling, V. vn) show a cost ot $P or
over for 2,000 caudle power lumps, Tho
cash cost in thesu muiilulpalltlcs Is but
$t!5,5( mid $52.14 respectively, Tho In
terest nnd depreciation on tlio unac
countably large total cost of thefo
plants it eld materially In the total cost
of lights.
"Tho averngo cost of lumps In tho
munlcipiil tables Is us follows:
"Cash cost 2,000 candle power, $30.07:
per lump hour 1.0S2 cents; cash cost
1,200 candle power, $23.50: per lamp
hour, .1)92 cents; total cost 2,(1)0 candle
power, $47.07, per lamp hour, 1.838
cents; total cost 1,200 candle power,
$IC08; per lnmp Hour, 1.87."
BELTZER WILLN0T .PITCH
tMi:itSITV A! TIIOIUTIICS IlKFl Si;
TO lti:JITt:il HIM.
From nil appearances Heltzer, the
rtar pitcher who came to the univer
sity to tako the place In the box for the
baseball team, will lie unable to play
with Captain TovviiHcud's aggregation.
Yesterday when he applied to thu regla
trur for registration he wus refused
pel mission to do so. Tills refusal on
the part of the registrar is backed up
by members of the Irregular registra
tion committee, whose usHont Is neces
sary and by Dr. Clupp, secretary of the
I athletic board. The speclllc grounds on
which Heltzer was not allowed to on-
loll are thut thu semester Is half over
and It will be 1 m possible for him to do
i his work In an acceptable maimer witli
such a lute sturt.
Behind it nil there Is n determina
tion on the part of the university au
thorities to take a strong stand against
the practice of Importing players who
have made records in the proresslonal
or Kcml-proffcSHlonul teams or the state
and giving them places on the univer
sity ttuin According to the interpre
tation or tho ofllclals this looks llko
riifi;ilnniillsm find 11
ae ial it lini Yrn , .nn-
nounced in decided terms that they
will not put up with nnythlng that
smacks ot professionalism.
No formal action has yet be,en taken
by the committee or by the faculty
but Individual members of these bodies
have .expressed opinions thnt render It
practically certain that Heltzer will
not be allowed to enroll.
Heltzer come to the university from
tlio Omaha school of pharmacy two or
three weeks ago. Since Hint tlmo he
linn beep practicing regularly with tho
university baseball squud but did not
apply for registration nt once. He
asked permission to register ns an ir
regular student.
SIiiNt (ilve tiooil Itciiton.
Under the rules of the school a good
reason must be given by those who de
sire to pursue irregular work. Shortly
alter he left the Omnha school tlio
news came fioin there thut he had left
i very suddenly together with the Intl-
uiation that lie was entering the mil-
,,.o,,j II', I ,11, illf 1 1 II PI, ISV l llllill 11
of study but to play boll. This put tho
university authorities on their guard
and when ho showed up for registra
tion he was refiiFed. Members of the
uthletle board say that thnt body will
back the registrar.
In bis defense Heltzer says that he
changed schools becaUHo he preferred
the university to the Omaha school and
that because of this decision n profes
sor connected with ibe latter out of
spite wrote to tho university. Heltzer
last summer played on the McCook
team and won an enviable reputation.
He Is given first place among the can
didates for the position on the univer
sity team by all who have watched the,
practice.
.Student setitlment Is somewhat di
vided. Many believe that owing to the
link of good material some leeway
ought to bo given In the case of pitch
ers. Others. Including members of tho
squad declare that theru Is no use
practicing for a place on the team if It
Is going to be given to an outsider who
was nevei Inside the campus until ho
becamo a candidate for a desirable
place.
I'lileiiKo Ank n Dulr,
Chicago university has nsited Mnnn
ger Bull for u (lulu in bin schedule.
They would like lo pluy on May I, C, 0,
or 7. On the last date the university
team will be In Illinois and arrange
meuts could be mude with little dllll
eulty. The schedule for the trip Is
heavy and the authoi Itles ure not unx
lous to ndA any moie to it. On the
other baud there is a decided sentiment
In favor of a game with t'blcugo and
the proposition may be uccepted.
CARL0AD0F FISH.
(nine Warden linen In the .North
! Willi Sii'l of Trout.
A car loud of young trout, two mil
lion lu number is on tne way from
thu state hatcheries at Houth Bond to
the northwestern part of the state. Su
perintendent W. J. O'Brien of the
hatcheries and Deputy tlumc Warden
Carter ate In charge of tho car and
will look after thu distribution In the
waters of various streams and private
ponds. Brook and rainbow trout ujono
urn lu the shipment.
"We will commence distributing the
flHh ut Nellgh," said Mr. Curtur, "and
most of them will be planted In the
strenms trlhuury to the Niobrara at
Img Pine, Chiidron, Crawford nnd
Fort HobliiHon. Thero havo been some
recent violations of tlio state fish laws,
but the people are graduully becoming
educated to the boservancu of thu law,
und uro now Inclined to assist in its
enforcement."
Lull lle(t t'liilrr Arrnat,
NHW YOItK. March 31,-Liifayetto
Helix, known In thu sporting world us
"Lou" Hetts ,win lurked up at police
heuduuiiiters early today. A gambling
hoiiHD was raided In the tenderloin a few
davs ago and nt that time a win runt wnw
limited for Hells, but ho was not nrrenled,
It Is alU'Kcd that he went til Atlanta
City, Ua ids return ho wa,i .irrvntud.
HOLM MAY KEEP THE FEES
MICH IM Tim IIKCIMION OlVttX 111'
.H imii: IIOLUUM,
Paul Holm, cx-teglMor of deeds, won
n victory before Judge Holmes Halur
day In the suit brought nguiust him
by the county. Tliq eotitt decided thnt
the county could not compel him lo
pay over tn the treasurer certain fees
collected by him while lit olllce. Mr.
Holm stood ready to pay these fees
Into the treasury if the court lit-M Unit
Ihey belonged to the county, but ho
did not believe they did and he un
dented to the legal phases of the con
troversy being submitted to the court
There wns little or no controversy
over the fncts. Mr. Holm, while regis,
tor, mude out inatiy cortlflentcs, to
which Im ut tat lied his oltlelal slguu
Hue, for applicants for saloon llrenses
Thesu coiitltlcnles ns bondsmen or pe
titioners, were freeholders, und tn some
Instances showed what land remained
In their name on tho records. Much
certlllcates have been lequltrd by Hie
exelce board, but are not leqttlted by
lnvv.
County Attorney Caldwell held tint
wlille Mr. Holm nude the certlllcates
ns register the fees collected for such
work belonged to tho comity, as the
law compelled him to turn over lo the
rdunty treasurer nil exeess fees lie
held that the making of thu ceitlllcntes
wus an uiiii'ini net or .Mr, nouns ror
which the county paid him.
Jiiilgu Holmes, lu deciding against
the contentions id the county, said
that if Mr. Holm bad refused in com
ply with thu request of applicants
there Is no law which would havo
compelled him to make the certificates
It Is no duly imposed by law. By the
term fees Is meant fees prescribed bv
law, and these the law never rnntem
plated. Tho county cannot recover
If Hid amount collected wiih Illegal no
one can be beard to compliilu except
the applicant. The nctlon was dis
missed ut the plaintiff's costs
County Attorney Caldwell nt once
asked for a new trial. If this motion
Is overruled he will entry the case to
the supmiiu court, lie believes that
the matter Is not finally settled.
The law seems to be somewhat
veiled nn the iniitler of compensation
for "extia-oillclar work for which
fees may be demanded, nnd it is con
tended thnt under tblH ruling Mr. Holm
might havn i hinged the applicants uny
fee that he so desired ami that no
complaint iigalusl him for that net
would have been effective.
Mnlvr for Mr. fJiiffr).
In another opinion Hied Saturday by
.Judge Holmes the case of thu North
western Mutual Insurance company
against il. II. (InlTey is disposed of.
The court finds that Mr. (JafToy was
wrongfully ejected fiiim the room hu
htid occupied In the Burr block. Ho
mum that the company should not bo
made to pay damages to the stock sus
tained because Hip defendant moved
It to a dump nnd unsuitable room. Be
cause of tho seizure mid summary re
moval of the stoik the couit finds
that Mr. CulTey was damaged 111 the
sum of $r0, which Judgment In entered
against the company.
Finally the company Is lcwarded with
a permanent Injunction keeping Mr.
Guffey out of the room mul forbidding
hltn to hi uny wuy interfere with the
room.
This ends a long und blttetly con
tested suit. It was alleged bv the com
pany that at the time of the ejection
the defendant owed rent In excess ut
$80, but the court points out Hint the
method nf getting possession or the
room wus not In uceord with the meth
ods laid down by law.
The motion of the Hock Islund Hull
road company to compel Mprtle O'Dnn
uell, who sues tor n large sum of
money tor the loss of a leg lu the Lin
coln yards several years ago, to make
IiIh petition moro definite, wub over-
L
S
A new trial wns denied lu the case
of W. M. Allster against the Hodman
company.
FIGHT ON CITY ORDINANCE
Declnred In lie liucoimtltut liiunl nnd
Invalid.
The effort to stop Hie work of repair
ing the old building ut 1122 O street
may result In the city ordinance relat
ing to the condemnation of buildings
being ducl.ired imciiuslltlttlnii.il. A
fight against the ordinance hail been
started by Christopher Tlernan, the
owner of the building, and last evening
the district court grunted a restraining
order against tho chief of the lire de
partment and the city engineer to pre
vent them from1 Interfering with him
In making repairs. The order will be
nrgued before tho court on Monday at
P.II0.
About n week ago the building wns
condemned under the ordinance pro
viding for such action when a building
has been deteriorated by fire or decay
to the extent of more than 50 per cent
Since then the work ot putting In a new
floor has been commenced nnd Tburs
iluj the workmen engaged In making
the repairs vvete ordered to stop work
Tills was Hot Immediately done and a
warrant was served on the owner.
Yesterday bis attorneys, Berge &
Doyle, nppeared lu police court and ac
knowledged service although their
client was unable to be present on at
count of sickness. They moved lo
quash the complaint and stated that no
offense had been charged, that the city
ordinance under which the prosecution
Is sought to be maintained Is In viola
tion of th state constitution and til"
city chnrter and Is invalid for the rea
son th at It seeks to nppioprlatn pi I
vate property for public uho without
Just or any compensation, to deprive
the Individual of property without due
process of law and seeks to create a
couit unknown to law or tho constltu
Hon of Nebraska and In violation of
the provision; of the same. It is de
clared to be inntinry to section 21 of
the bill of rights In the state constitu
tion which piovldes that "the prop
ertv of no person shall be taken or
damaged for publU use without Just
compensation therefor."
The lourt oveiruled tiie motion to
quash and stated that a higher court
should pass on tlio question. Attorney
IHiyle stated thnt he would apply for
a restraining order against tho fire
chief In district court.
No disposition of the ciiko was made
and it will bo held In abeyutke until
Mime neton is taken by the district
court.
The "court unknown to law" referred
to by Mr. Doyle Is a bouid of arbitra
tion provided for lu tin ordinance to
which the owner of a condemned build
ing may apply for relief. The ordin
ance piovldes that the nctlon of this
board shall be final and Mr. Doyle
takes thu view thnt this constitutes an
Illegal court
CAUGHT BETWEEN BUMPERS
Inn I'rnNlied und Vleinlirr Will He
Amputated.
llr.il.em.iii Cooluy of the southern divis
ion of the llnrlliigtoii was brought In I, In
mill .Monday on No. 41, from Tceunuieh
where his left arm bud boon rrushid
while hu was iineouplliiK cars. Ho wis
tukun tu llm Nunluirtum and It wus sal 1
by the iiliyslclan in attendance thut It
would bu necessary to amputate th aim,
Cooley's home Is at Beutrlcu.
Cooluy was uncoupling two cars at a
ciussliig when the accident occurred it
wiih necessary to louve several cars stand
Ing some tluiu while switching wus hoimr
done .mil thu train was cut hi two tu
leavo thu road at thu closing clear He
had milled the coupling phi and swiiiim
up his arm Just us tho huinpun came
loKcthcr in pUKhlmr the rear cars tn. k
It wiih caught and crushed badly thu
umputation wun uecessiir).
Within half an hour nf the death of
one nf a pair of twin bujs at Leicesti i
Knglaml, the oilier one died througu
the dm tor said, a cetuilu unions sym
pathy which cxlats between twin.
J