8 THE OMAHA DAILY BEE : TUESDAY , NOVEMBER 150 , 188o.
CITY CHARTER AMENDMENT ,
Suggestions and Eecommeiidatlons by City
Attorney Oonnclli
THE GROUND WELL COVERED
The Ainonilinontq Ilclntc to "Mctro-
li > ! iinffCrhus HnvltiR n 1'ojm-
latlou of Over OO.OOO. "
In view of the discussion of charter
amendment and the appointment of a
committee of liftccn to formulate plans'
for thn now charter , or amendments to
the existing charter , a reporter of the
UKB callou upon City Attorney Council ,
at his ofllco on Fourteenth street on Sat
urday , and requested his Ideas upon the
most Important needs of the oily with
reference lo the amendment. Mr. Council
dictated the following :
rOUJI Ol' AMr.XDMUNTS.
Tlio first thing to be considered in con
nection with the proposed amendments
to the city charter , is the form or manner
of making such amendments , whether by
making changes and additions to certain
sections of the existing charter , which
applies to cities of the lirsl clnss , or by
completely remodeling Iho charter , and
make its provisions apply as lias been
proposed , to "Metropolitan cities , having
a population of 00,000 or upwards. "
If this last suggestion bo adopted , then ,
It would be unnecessary , for the present
at least , to confer with the authorities
and clti/cns of Lincoln , otherwise such a
conference should be had , in order that
no misunderstanding may arise , which
might result in the defcal of the amend
ment proponed. Tlio act incorporating
cities of the lirst class , applies lo all
cities of more than twenty-live thousand
Inhabitants. As tlio city of Lincoln now
has more than twenty live thousand in
habitants , all that is necessary to bring
Lincoln under Iho supervisions of Iho
law which rcgulales and defines Iho
powers and government of Omaha , is lo
have the fact of her population ascer
tained and certilicd to the governor , who
would then declare by public proclama
tion that Lincoln was subject to the same
supervisions of law which regulate and
control Omaha.
From this statement of the legal rela
tion of Iho two cities , it is manifest that
Lincoln is directly concerned in the form
of the charter , to be prepared and sub
mitted for the consideration of the legis-
laluro.
ll is hardly probable that Lincoln will
bo disposed longer to remain as of the
second class , and for the present , she
probably is not prepared to assume the
expense of a lorm of government , which
is a necessity for the welfare and proper
management of a city of the size of
Omaha.
As a simple way out of the difficulty ,
it would seem to mo a wise plan to en-
entirely remodel the present charier , seas
as lo make it apply lo "Metropolitan
Cities of 00,000 , population , or upwards. "
' Tills would enable Lincoln to revise the
act relating to cities of the first class , seas
as to apply to her wants and require
ments , and Omaha , for a time al least ,
would have a law for her own special
guidance.
The important thing , however , lo bo
considered in this connection , is the pro
vision of our constitution which prohibits
the passage by the legislature of any
local or special law , incorporating cities ,
or changing or amending the charter of
any town , city or village. ( See Section
15 , Article 3 , Constitution ) .
lu view of a comparatively recent de
cision of our supreme court , I do not
think the classification ol cities hero proposed
posed- would bo repugnant to the consti
tutional provision referred to. Chief Justice -
tico Cobb , in the case of The Stale vs
Graham (10 ( Nebraska , page 14) ) , lays
down Iho law as follows :
"Tho classification of the cities of the
Elate into classes and sub-classes , and the
conferring unon them of corporate pow
ers by acts of the legislature of a general
nature , yet the provisions of which arc
npplicabio to bub one of such classes or
Bub-classes , is not repugnant to any pro
vision of Iho constitution. "
EXTENSION 01' COUl'OltATK LIMITS.
Among the lirst of the charter amend
ments Which I would propose , is the ex
tending of the corporate limits of the
city.
city.The boundary lines of the city arc the
same to-day as fifteen years ago , when
our population did not exceed twenty
thousand. Wo have a population to-dav
of at least eighty thousand , and we will
certainly have over one hundred thou
sand before 1800. The provisions of our
present charter , concerning corporate
limits , arc not only impracticable , but
wholly msulllcicnt lor our present needs ,
and the p/opor development of the city ,
In making amendments , il is necessary
to keep constantly in mind tlio constitu
tional provision concerning special legis
lation , and as our now charter is pro-
munably for the benefit of other cities as
they become of the metropolitan class , it
will not do to delino the corporate limits
by section lines. The provisions upon
this subject , as well as upon others , mnsl
liigeneral ) in their nature BO as to apply
to any city of the metropolitan class.
My plan would bo to give to the mayoi
and council in all cities of the metropoli
tan class , within one year after the passage -
J sago of the charter , or being proclaimed
- a city of such class , the power , by ordi
nance , to lix and determine the corporate
lines , nol oxceediii" or ooyond a certain
urea , which should be sulllcleni to in
clude such territory , as may now bo do-
Hired to bo taken within the limits , with
power , in like manner , to extend such
lines , not beyond a curtain distance in
uach direction , say for half a mile , after
each state or national census , provided ,
the Increase in population shall equal
520,000. This plan would admit of an ex
tension of thu corporate limits with the
growth of the cityand Iho limitations pro
vided would bo sutllclent to prevent fre
quent or unnecessary changes for politi
cal or other purposes.
SUWr.ll , WATUU AND OAS POXXKCTIONS
Another amendment which 1 rognnl
of the utmost unportanco in connection
with our public improvements , is an ex
press grant of power to the mayor ami
council to require that sewer , water and
gas connections shall be mad'o and ex
tended to Iho curb or property line along
nil streets ordered paved before the pav
ing is done , and assess the cost of mak
ing such connections to thu lots and real
estate opposite which such connection !
Ehall bo mado.
The notification to properly owners
which heretofore has been given to make
finch connections has proved wholly un
availing , As tlio.result , our pavement !
nro no sooner laid than they are torn up
to the annoyance of the traveling public
mid to the disfigurement and pcrmaneni
Injury of the pavement. The mayor anc
council , with the power hero suggested
granted to thmn , could determine ineacl
case the distance at which such connec
tlons should bo mndo , taking into nc
count the nature and use of the street ,
whether for business or residence pur
poses , and while the laying of pavements
might in some cases bu delayed , tin
pavements would bo far moro useful am !
permanent when completed.
GItAUK IAMr.S ,
Our present constitution provides thai
no property shall bo damaged for ptiblu
use , The supreme court holds that lid :
constitutional provision applies toQtlu
grading of streets.
Jn view of this , an amendment ough
to bo made to limit ; tuturu. litigation concerning
corning gradu damages , , and to enable
the mayor and council , in advance o :
entering upon the work of grading unj
streut , to determine the damages , if any
\vhlch will result from finch wort ; .
My plan would bo to provide that err-
lain preliminary steps , somewhat similar
[ o thee taken for a change of grade ,
should be taken in advance of doing the
work.
1 would provide that a preliminary or
dinance bo lirst pa ed declaring tlio
necessity of grading Mich streets as the
mayor and council may deem proper to
grade , and , appoint three disinterested
free-holders to determine and assess the
damages , if any. which will result to
private property by reason of such grad
ing.
1 would then allow thirty days lo prop
erty owners to appeal , if they so desired.
At the expiration of lids tlmo the mayor
and council would bo in a position to de
termine whether it would be prudent or
advisable to proceed with the grading as
proposed. As tlio remedy by appeal
would be exclusive , no suits , In the form
of original actions could bo commenced
or maintained.
This would result in no wrong or In
jury to property owners , for it claims for
ilamages are to bo made , and if litigation
is to follow in consequence of improving
a public street , the mayor and council
should bo so advised in advance of enter
ing upon the work. As the result ot the
adoption of this plan , streels would
either be graded without damages , or
they would remain unimproved until
sued lime as the avaricious or short
sighted properly owners could learn that
It is the slrcel lliat makes llicir property
of value , and not llieir properly thai
makes Ihc street.
The only objection lo this plan would
he a delay in some cases , in the work of
grading and the making of contracts for
.such work , but such delay could in a
measure bo obviated byMvmur commenc
ing proceedings to have sutih work clone.
As it is now , Interested property own
ers , in many cases , anxious and desirous
of the grading of a particular street ,
stand around without making claim for
damages until after the work of grading
is done , and then it suddenlv occurs to
them that they have been "fearfully in-
tired. Under the present law they can
ring suit for such pretended injuries at
any time within four years.
CITY IIAU. BONDS.
Another amendment , wilhoutwhicli all
work on the city hall must cease , is that
authorl/.mg the issue of bonds for the
construction of thu city hall.
It was upon tlio theory that such an
amendment would be made , and if made ,
that the rcquiied bonds would bo voted ,
that plans wcro adopted and the work
commenced.
I'AHK COMMISSIONERS AND 1'AUK BONDS.
Power should also bo given to create a
board of park commissioners , and to
issue bonds for the purchase of land for
parks.
OAS WOKKS HONDS.
While giving the right to issue city hall
bonds , and park bonds , Iho power to
issue bonds for the purchase or construc
tion of gas woiks should also bo granted.
It may not bo necessary at the present
time to exercise such power , but the day
may come when it will be greatly desired
to do so.
Thu franchise of the Omaha Oas Manu
facturing company , under which the
present company claims to act , accord
ing to its express terms , expires in 18)3. ! )
Jl may then be desired to appropriate
the gas works , as well as Ihe pipes in our
streets , and for the payment of the ap
praised value , to provide the necessary
funds , by sale of bonds. The power to
do all this , should bo clearly and ex
pressly given.
rmcE OF OAS.
Another sliirht amendment , which is
more for the purpose of carrying out the
intent of our present charter and making
clear what is now somewhat obscure
should be made , and that relates to the
power of the mayor and council to regu
late Ihe price of gas. During the argu
ment before Judge Wakeley in the Gas
Injunction case , which occurred some
months ago , it was claimed by .Mr. Mor
gan , the lawyer sent out by the United
Gas Improvement company from
Philadelphia , thai Ihe mayor and coun
cil had power only to regulate the rent
of gas metres , and that the power to rcg-
nlato thu sale of gas , did not include the
right to rcgulalellie price of cas.
In view of Ihe fact that the right to
regulate the charge for electric light is
expressly granted , tlio point made by Mr.
Morgan would seem to bo somewhat line ,
such as Philadelphia lawyers are some
what noted for making , but however thai
may be , Iho provision referred lo , can bo
made so clear and positive in its terms ,
that no ground for future controversy
can possibly exist , and this should bo
done.
KKOULATING TELEPHONE SERVICE.
It is somewhat remarkable that the city
has a power , under the express provisions
of its present charter , to regulate the sale
of gas , the rent of gas meters , the charge
for electric light , the time and manner oi
running street cars , can require the heal
ing and cleaning of such cars and can
lix and determine the fare to bo charged ,
and has no power or authority whatever
over the telephone service , or the charges
to bu made for the use of telephones.
Tills is certainly an oversight , and
should bo corrected by a proper amend
ment giving the citv the same power over
telephone companies thai il has over
over other concerns using Its public
streets.
The power of a monopoly of the char
acter and extent of the llell Telephone
company ought certainly to bo limited to
the extent pt givinjr totlio city the right
to require it to render cllicient and proper
scrvbo , and to charge therefor only
what is just and reasonable. Wo should
profit by the recent experience of the
people of Rochester , and anticipate what
in thu future may bu more burdensome
than anything yet experienced in the
past.
The courts have already decided that
telephone companies are subjecl to
reasonable regulations , and that the
price to bo charged for telephone service
can bo determined within reasonable
limitations.
VIADUCTS.
An amendment should be added to the
section of the charter regulating rail
roads , authorizing and empowering the
city to require railroad companies to
construct viaducts over their lines 9 !
railroad where the same cross public
streets , whenever Iho public safety maj
require it.
This is an amendment that has been
made to the charter of other cities , and
been declared by the courts as just untl
proper , and one which the courts by
mandamus will compel the railroad
companies to observe whenever and
wherever it is reasonable to do so.
METROPOLITAN POUCK.
I believe it would bo for iho besl inter
ests of the city to so amend the charter
as to enable thn mayor and council by
ordinance , to adopt what is known as the
metropolitan police systum.or to so place
the appointment and management of the
pollcu under aboard of commissioners as
to remove thu pohco entirely from poli
tical or other improper inllucncos and
mnko service and otllcieney the standards
of retention upon thu force , and of ad-
vtiuccmcnt ,
WATERWORKS.
The section relating to waterworks
should bo so amended as to extend the
righl lo appropriate private property foi
public nso in tlio construction and opera
tion of waterworks to a distance of ten
miles beyond the corporate limits.
This would give the city the power tc
obtain the right of way for a water main
to some point near .Florence , a plar
which must be adopted and carried ou
in thu near future , in order to give to tin
people of Omaha un adequate and pure
supply of water.
Thu money to obtain such right of waj
and to construct such main might be fur
nishcd by the waterworks company
under a lease and contract with tin
city , but in such case ttiu rights of tin
city should bo uiore carefully protcctc <
and defined than Is done under the pres
ent existing contract.
LICENSE OK' EMI'LOVINO AGENCIES , ETC.
The charter now in force authorizes
the taxing and licensing of honor dealer ? ,
pawnbrokers nnd auctioneer ; ? , The pro
vision now in force oiieht to bo extended
go as also to incluuo employment
agencies , commission dealers , brokers ,
insurance agencies and such other kind
of business or employment as the public
good may require.
SUl'EltlNTENDENTS OK m'lLUINUS AND
IIOII.KU INSI'ECTOU ,
Express authority should bo given to
create the olh'cw of superintendent of
buildings , and inspector of boilers , and
lo determine their powers and delino
their duties.
T1MK TO DESIONATE I'AVIXO XATUIHAL.
To remove doubts as to the right of the
mayor and council to give property own
ers , in such cases as it may bo desired to
do so , a longer time than twenty days
within which to designate material for
paving , the provision relating to that
subject should be so amended as to allow
property owners the thirty days now pro
vided , and also such further or additional
time as may bo designated by ordinance.
ATTESTATION OK WAItllANTS ,
The provision now in force relating to
the attestation of city warrants requires
that after being signed by the mayor , the
same shall be attested by the oify clerk.
The power to attest warrants should bo
extended to the deputy city clerk. Under
the present practice , as the city clerk
cannot always be in his office , ho attests
in advance all warrants for each
month at ono time. Any partv
desiring to do so might wrongfully
abstract ono or moro ot' these
warrants and by secretly affixing the
sealwould have a genuine and completed
warrant to dispose of to the injury of
others , and to the detriment of the city.
Warrants should not bo attested until
final delivery to the proper parties. This
course could bo pursued , with the slight
change suggested.
SALAUV OK CITY O1-T1CIAI.S.
Tlio salary of all life elective officers of
the city is lixed by tlio charter. As to
whether any changes should bo made Is a
matter moro properly for the "coinmiitco
of fifteen" to consider , than for mo to
suggest. The only' appointive officer
whose salary is lixed by the charter , is
the city clerk.
In place of the section relating to sal
ary of city clerk , 1 would suggest for the
purpose of uniformity , and to prevent
efforts constantly being made for in
crease of salary and extra pay , u provis
ion something like this :
"All appointive officers and agents of
the city nhall receive such salary as may
bo fixed and determined by ordinance ,
whicli shall not bo increased or dimin
ished during the term of office , for which
such officer or agent may be appointed. "
A MUNICIPAL COUIIT.
It is already manifest that an increase
in the judiciary for this city and county
must soo.n bo made , otherwise , the law's
delays will be an ill too griovou to bo
borne.
In addition to another district court
judge , it will probably bo necessary to
create a municipal court for the transac
tion of civil business.
This seems to have been contemplated
by the constitution , ind the creation by
law of courts for cities is expressly
authori/.ed.
For the purpose of ascertaining the
views of pur judges and lawyers , who
presumably urn best informed upon this
subject , I would suggest the calling of a
meeting of the bar of Douzlas county ,
and of the lawyers of this judicial dis
trict , to consider and discuss the proposi
tion of an additional district judge and
the creation of a municipal court , with
such powers and jurisdiction as may
seem proper.
A committee should be selected at such
meeting to draft and prepare such
amendments to onr present law , as may
bo necessary lo carry out the views
finally adopted.
COMMISSIONED OP ADJUSTMENT.
The law relating to the boardknown , as
"commissioners of adjustment" should
bo so amended as to allow the report and
acceptance of surveys of portions of the
city. It seems to bo impracticable , if not
impossible , to make a completed survey
and report of the entire city at one time.
If the work is undertaken in sections , it
might be , and ought to be carried to a
completed and satisfactory termination.
SIDEWALKS.
Power should bo given to the mayor
and council , in addition to requiring
property owners to lay side-walks , and
failing so to do , to cause the same to be
laid , to also determine and declare , upon
such streets as may be deemed advisable ,
that side-walks shall be laid of a certain
kind of material and the work let to the
lowest responsible bidder , so as to secure
that uniformity much to bo desired , and
totally ignored along many of our prin
cipal thoroughfares.
OTIIKIt CI1ANC.KS AND MODirCATIONS.
In addition to the amendments already
suggested , there are a number of others
of minor importance , and which , upon
being called to the attention of the 'com
mittee of fifteen , " I think would bo ac
quiesced in by them , and by the citi-
/ens interested in the welfare of the city.
One change that now occurs to mo is the
division of section 15which , grants power
to the mayor and council , into separate
sections. .Thissection is now made up of
forty-live sub-divisions. In the event of
desiring to amend any ono of these forty-
live sub-divisions , it is necessary to in
clude the entire section , which covers ton
pages of printed matter.
OHJKCTIONS 1O I'KOrOSED AMENDMENTS.
Many , if not all of the amendments
which J have proposed , are of vital im
portance to tlio success and welfare of
our city. If objections are made to them ,
the reasons for and origins of such ob
jections should bo caretully scrutini/cd
and considered. The last contest con-
corning.chartcr amendments very clearly
demonstrates that the real object of de
feating amendments to the charter is
sometimes entirely dlllerent from that
claimed. It will bo remembered that the
principal objection urged to defeat the
amendments of two years ago , was the
provision concerning the "commissioners
of adjustment ; " whereas iho gas , street
railway and electriu H"ht amendments
were tlio real causes of the opposition.
It is fortunate that an early start has
been made toward preparing a bill cov
ering charter amendments , so that all
controversies may bo ended , and a per
fected bill may bo prepared , to bo Introduced -
ducod at once upon the convening of tin :
legislature. It this is done , wo can
reasonably hope to secure the support
nnd co-operation necessary for its prompt
passage.
Hurled Vet Alive.
Win , llertmann , the Union Pacifio em-
ployo who was buried for ten minutes , bj
the caving in of the bank in the excava
tion near the track at Seventh street on
Saturday last , Is still at the hospital , and
in n dangerous condition , His left ami
is badly fractured and there is a strong
possibility of his losing it. Last nlghl
there wcro symptoms of pneumonia evi
dent , and , if the disease should attach
him there would bo little possibility ol
saving the man's life , Dr. Ualbraitli
says that when Hurlmann was tuKon from
beneath the bunk , ho was black in the
face , and required tlio work of an iioiu
to bring him to consciousness.
iic Cornice ,
A force of worldn men Is now engaged Ir
placing on the iron cornice of thu I'axtoi
building , the wrought-lron brackets , am
other ornainentlons ? which Imd been loosenci
by the heat of thu Darker lire ami dropped t <
the walk. When they have alt been replaced
and it will not take a very long tlmo to 10
place them , the cornice will bo repainted li
terra cotta. such as it was before tlio tire
Until the latter destroyed Us beauty the- cor
nice had all the npi > earuuce of a solid tern
Ct'ttiU
A STORY HORRIBLE IF TRUE ,
Mrs. Moffatt TcllsiHow Her Husband Was
Treated uy the Thicttftns.
A SCHEME OF REVENGE.
A Sccoml ConfOsslon DncRott Says
That HoKlrnU the Hnrkcr JllocU
Intentionally Other LO
CK ! News.
The K.vninlnntlon.
Tlio council coinintttco appointed to in
vestigate the doalh of John W , Moflht
and Ilio responsibility of Marshal Cum-
tilings tliorufor , met in their chamber yes-
torl.iy morning. A number of witnesses
worn examined.
Hov. J. M. Wilson tcstlllcil to bcinc ; nl
Tliicman's house on Sntnnhiy evening ,
before lie was taken to the hospital.
Moll'atl was delirious. Ho hud sonic
blood marks on Ills face. I did not think
the right thing was to tnku him out in the
cold. 1 did not think that he was dan
gerously delirious. 1 left Thioman's
house about 1 o'clock in the morning and
Mortal was resting easily. He became
quiet when talked to in the right way.
Mr. Dan Allen was the next witness.
Ho merely testified to having seen Mof
fatt the two or three nights preceding
Saturday , Ho was not delirious and
seemed rational. Understood that lie
was suffering from erysipelas. Dr. linn-
chott admitted that ho was a pretty sick
man. but thought his chances of recov
ery good. 1 was not at the house when
the police arrived Saturday night , and
do not know what they did. 1 was not
there Saturday night later than half-past
eight o'clock.
Marshal Cummlngs was placed on tlio
stand and told Ids story. Late that Sat
urday night a man came to tlio jail and
said there was a man near St. Mary's
avenue who was cr.v/.y , and wanted a po
liceman to como right np. Came to the
jail about eleven o'clock the next morn
ing. Saw Moll'att thorn and told the doc
tor that tlio jail was no nlaco for a sick
man , and that ho ought to bo re
moved to the hospital. There was
no entry made in the jail record
about Moll'att's being moved. Wo had a
littlu canvas cot there for sick people ,
but Mnll'att was more comfortable on a
mattress. As for asking for accommo
dations for sick people , there area thous
and thimrs that I could ask for , out I
wouldn't get thorn. Just as soon as 1 ask
the council for anything , there arc two
or three jumpine-jacks who oppose mo in
everything that I do. Paddy Lord is one
of them. Sick people ought to bu never
brought to the jail.
' When 1 came in the jail that morn
ing I did not notice any blood on Mod-
all's face. JThcro was a slight bruise on
the side of his head , as though the skin
had been bruised. He did not seem to bo
seriously cut. "
Peter Turkleson , driver of the patrol
wagon , was next called. He saw Moll'att
in the jail Sunday morning. Asked the
sick man if ho was cold , and ho replied
"no. " Ho did mot complain about his
arms and legs being tied. Saw Dr. Han-
chctt there , but didn't see him do any
thing for Moll'att. Moll'atl was comfort
ably lixed , was lying on a mattress , with
two pillows and two blankets. Ho looked
to bo a very sick man. Ho was moved
out of the jail just as soon as the K. of P.
commitlco wcro ready. They had lo send
homo lo get some clothes.
"Did you ever have any other sick per
sons brought into jail ? " was asked ol the
witness. ' ,
"Yes , very often. "
"What do you do with thorn ? "
"Wo fix them as comfortably as wo can
until they are removed lo the hospital.
Generally , they lie on Iho lloor , and arc
covered with the blankets that arc at
hand. Wo have no special provisions for
sick persons.
Coroner Drexel was called. He testl-
fied to having notified Tuvnbull to come
lo Ilio inquest , and bring every member
of Iho police who knew anj'thmg of the
afl'air. He said "all right" and wcnl
away. "I met him al the opera house cor
ner. I told Judge Stonberg the same
thine. I did not hear anything said
about the notification being not in ac
cordance with the legal form. "
Olliccr Tunilmlj , who happened to bo
on handt was again placed on the stand.
Ho U'Stilicd that ho met Drexcl on the
corner of Fifteenth and Farnam streets ,
and the coroner told him he proposed to
hold an investigation of the dcatn of
Mollall. "Ho ( the coroner ) did not toll mete
to have the police there , or if he did I did
not hear him. "
MHS. MOFKATT'S STOKV.
ly $ long odds the mosl interesting and
sensational testimony yet furnished is
that of Mrs. MolYatt , Hie widow of Iho
dead man. As she was nimble to como
to the council chamber , being quite siek ,
the commitlce repaired to tiic looms of
the Woman's Christian Aid association
next door , where she has been stopping
for the past few days. Mrs. Moll'att was
found lying on a lounge in the front par
lor. She Jookcd siek and nervous , but
witii an evident ell'ort she "braced up"
and told her story. She is a small
woman , rather pretty , and with large ,
black eyes whicli at times dilated with
horror as she recounted the stifTering
through which she and her husband liaii
passed.
Mrs Moilatt testified : "My husband
was taken sick about a month ago. It
was on the second Friday before ho was
taken to ja'l. ' Mrs. Thieman at ( irsl
Ircatcd us very kindly , but towards the
last acted harshly. She said that she
was tired of renters , The last three or
four days before my husband
was taken away Ho was quite
delirious , During the day ho
would bo all right and in the night ho
would bo delirious. All the neighbors
wore very kind such a noble ohissof people
ple I never mot , 1 needed help , for 1
was driven to death , I had so much to
do. I had to domiy housework , give my
husband mcdicino every hour and attend
to his different calls , besides taking care
of the baby. On'tho Saturday before my
husband was taken to the jail wo iiad
lo change the bud on which ho was lying ,
because it was too short. Mrs. Thleman
acted very roughly about it and repeated
the remark thai ahu didn't want any more
roomers. That night my husband got
worse and wo Iriod to gel Dr. llanchott ,
but wo could not.got him. Sent for other
physicians but they didn't como. in the
meuntinio my husband was growing
worse. Ho told mo that ho wanted mo to
shut tlio door and not let anyone in.
Thleman went into the room that night
and in a rough way ho said ; 'Now , Mof-
fall , you've frigutencd these- ladies long
enough. Now I want you lo Ho down ami
bo still. " My husband was still in bed
and was perfectly quiet. Ho pleaded with
Mr. Thioman and tried lo get him to
leave the room. Mr. Thioman grow more
violent and threatened my husband. 1
begged and pleaded with Thieman to
luavo tlio room and ho did so at length ,
My husband , in his delirium , seemed lo
think that Cod was responsible for the
wholii thing and so ho told Mr. Thieman ,
"Mr. Thioman wont down Blairs and
swore that ho wouldn't allow my hus
band In the house any longer. Ho nsci !
the most awful profanity. I got down on
my knees and begged him for ( iod'ssakc
to allow my husband to remain. Thio
inaif broke out with mbro profanity ,
and brushed mo aside as thougli I were 11
brute. Tnen 1 plead with Mrs. Thiemanii
and asked her for God's sake to have
mercy on mp and my husband not to lul
them take him away , She commenced
cursing nl said , ' 'God d your God ,
tltpre is no God1
As filio related thii Mrs , Moflutt' * face
For several days past , we have been constantly receiving new addi-
ionsto our already immense stock , These goods were manufactured
expressly for our establishment here in Omaha , and they must and will
be sold , if low prices , and reductions on low prices will help us to do
so. Among the new arrivals we have 900 heavy Overcoats , in all
grades and colors. To give you an idea how these goods are being
slaughtered we enumerate the following prices : v
lOOMens' Heavy Chinchilla Beaver Storm Overcoats , cassimere lined ,
extra length , with larsre fur collar and cuffs , at $8. This-same class
of coats were sold only a week ago ior $13.50.
75 All Wool Beaver Chinchilla Overcoats , lined with fine serge , and
satin sleeve lining , at $9.75. Former price $13.75.
100 Plain , Smooth All Wool Beaver Overcoats , in black and brown ,
double breasted and elegantly trimmed , at $10,50. This coat sells
at any other establishment at 15.
65 Heavy Dark Striped Overcoats , trimmed with iur collar and cuffs
$4.75.
Another lot of our celebrated $3.60 Overcoats , which are fully worth
$6. We also received about 20 different styles of childrens'and
boys' Overcoats. For children from 4 to 12 years of age we have a
very neat fur trimmed Overcoats for $1.95worth ; at least $3. We
call your attention to 300 neatly gotten up Childrens' Suits , from
4 to 13 years at $1.85. These suits were sold formerly at $2.75.
All of the above described goods are selling now very rapidly and
we would advise all intending purchasers to examine them before sizes
are broken. All goods at one price at
* "
Cor. Douglas and 14th sts. , Omaha.
grow ghastly , while her eyes dilated and
she looked the picture of horror. She
fell back on the pillows exhausted , but in
a moment recovered herself and contin
ued :
"Then I went up stairs to my husband.
I stopped at his door a moment before
coing in , and he called : 'Come hero ,
Pcl.don'lyou . know I won't hurt you ? ' Ho
was all bruised and his night-gown was
saturated with blood and water. Ilo
told mo that ho had tried to drive on"
Thieman , and that Mrs. Thieman had
thrown a big , heavy wash-bowl at him ,
breaking it on his head. I told him that
the Thiomans were talking of taking
him to jail. Ho replied : 'Don't you
know that il will kill me if Ihoy send mo
off ? No town would toleralo such a
thing. Tell them that if they will give
me twenty-lour hours I will leave this
house. ' lint no ; Thieman swore that he
would send for the police.
"It wasn't long before the police did
como. They foundtho front door locked by
my husband's orders , but managed to get
in the back way. It seemed to mo that
there were two or Ihrec of Ihc policemen ,
and they came swaggering in with billets
as though they were going to slop a
drunken carousal. 1 put my hand on the
shoulder of one of the men and tried to
get nim to atop , but he only brushed mo
aside and went in where my husband
was. They finally agreed to allow ono
policeman to remain with my husband ,
while the others went down town. In the
meantime I had been seized with severe
nervous pains , and had been taken down
stairs by ono of the ladies who were in
the house , and given some hot brandy
and water. This put mo into a kind of
slupor.and when I was in Ihis condition ,
Ihoy took my husband away. Soon after
I heard Thieman como in and say 'They
have taken him away. ' I asked him
what he meant , and with an awful siring
of oallis , he replied that Ihcy had taken
him to jail. I afterwards learned tliat
my husband was not allowed to dress him
self and thai ho was gagged and bound
ami tossed into a coal cart. "
This closed Mrs. MoH'atl's testimony
and the committee adjourned for dinner
and met again at 4 o'clock and continued
the investigation.
John T. McMannis was called and
sworn. He was asked if he overheard a
conversation in which Ollicer Turnbull
had taken part , the day Moll'at was
brought to the jail. Witness said that he
Imd. Ho was riding in a car , and some
body remarked to him that that was n
sick man they had up at the jail. Turn-
bull said that if he had been tlio man who
had had anything to do with him , lie
would have "done him up worse'1 than
the other ollicer did.
11. G. Fuollor detailed how ho had
found Motat ) lying as ho thought upon
thu tloor , or on a pallet in the jail. His
pillow was covered with blood , his hair
was matted and his night shirt saturated
with it. It was then 100 : ! ! o'clock in the
morning. Witness spoke to and was rec-
ogni/ed by Moll'at. The latter did not
complain about Ins hands being tied. Ho
said , however , thai ho thought it was all
ii ] > with him , Ilo spoke a few rational
words. Witness felt chilly in the jail with
his overcoat on. Didn't pa'any attention
to the lire. Thn patient was covered with
blankets up lo his chin. Dr. llanchott
was there at th'.Uinio. ' Witness helped to
taku him to thu hospital at about 1'p. : ! ) ( ) .
in , Thu jailer and other policemen wcro
kind in assisting the removal of Moll'att
to the carriage , and the marshal said ho
would Pond some men in the patrol
wagon lo aid in taking Moll'atl from thu
carriage to the hospital. When thu parly
reached the hospital they found the
patrol wagon and some policemen , wlio
assisted as had been indicated. Motl'att
spoke only three or four words on his
way to thu hospital ,
Marshal dimming here stated that
when the doctor ofl'orcd to pay for the
carriage , ho said Moll'att was a brother
of his as well as of the doctor's , and contributed -
tributed a dollar toward the cost of the
haek.
haek.While walling for a witness named
Strykor , who could not bo found , the
committee adjourned till this morning ,
when Ihoy will hear the witness men
tioned , after whicli they will agree imun
a report ,
A ror.icr. AT..VUM SVSTBJI ,
Chairman ( loodrioh , of the committee ,
told a Hii : ; reporter that the finding of
the commltteo would comprehend n
recommendation for the adoption of the
sy it em of nolico alarm which is now in
operation fn Chicago. This has been es
tablished in the latter city for several
years back , and has been considered
by several members of the board , with
thu conclusion thai it to bo introduced
into Omaha , it consists of : t number of
small stations to be established in all Iho
police beats throughout the citv , nt each
of which at a given tlmo the ollieer must
make known his presence ut regular in
tervals , by means of an electric oon-
trivancd which will register tlio fact in
the jail. If this registry is not made ,
steps may bo taken Immediately to ascer
tain the cause. . If the pafrol wagon or
assistance Is required , either may be sum
moned at a moment. The present fire
alarm wire , with other extensions , will bo
used for Iho purpose. The cost of the
system will be about .fS.SOO. If the re
port of the committee containing this
recommendation , which will bo made to
night to the council be adopted , it will
result in the almost immediate introduc
tion af the system and the devising of a
certain means of economizing for tlio
purpose of defraying the expense of the
samu. _
A SKCONO CONFESSION.
Declares That ilo Plrotl Ihc
Barker lilock Intentionally.
Readers of the Ilin will remember the
burning of the Barker block on Fifteenth nml
Fnrnam streets , and the subsequent confes
sion of Lascher H. Dnggett , In admitting that
ho had set lire to the structure. This ex
planation was at lirst icceivctl with consliler-
able Incredulity , and a majority of these who
heard tlio coniession did not place much re
liance on It. DaRectt 1ms stuck to it so per
sistently , however , that his confession Ims
by many boon accepted ns genuine. Helms
been ationt the city jnil for the iiast few days
dome odd jobs in return for Ins board ami
lodging.
Yestenlayanewandstnrt.'lnsr phase of the
airnlr transpired. It Is the fact that on Sun
day : DaKKOtt made a sceoml confession to
Court Ofllccr Whnlcn , lu which ho adiulited
that Ills lirst story wns a lie , and that he had
tired tlio liuililiiiL' intentionally.
Dagpett took Whalcn asI'Ju and confiden
tially told him what ho declared to be the
correct story o how the lire had started.
"You'll remember , ' ' ho said , "that a few
weeks ago 1 was up bot'oro .Judge Stonberir
for being a vagrant. The judge sentenced
mo to ten days on bread and water. It was a
punishment that I no more deserved than
you did. 1 swore that 1 would have revenge
In some way on the city. So when 1 got out
of jiilll lired the Harker building. I didn't
thliikniiytliiii ! ; about the loss that the owners
of : the building would sustain , but just
thought that it would Injure tlio city. After
1 had pet tire to the building , Ian up Fniiiani
street , and then down Douglas to Karnov
Maginnls' saloon , where I .stayed until tlio
lire was put out. At lirsl 1 was afraid that
some lives had been lose , but as soon as I
heard that such was tint the case 1 felt re
lieved. Then 1 left town. "
This , in brief , is Daggelt's second confes
sion. The police are trying to fcccino further
nicts from him , but 'vcslerduy he is not as
ready to talk as lie was Sunday. It IB not
known yet whether or not ho will bo pioso-
cutcd.
A largo consignment of Antelope Sad
dles received bv the Omaha Commission
Co. , 01 ! ) South Will St. ; for sale cheap
The county commissioners yesterday
sent five needy persons to their homes ,
ono to Irwin , one to David City , one to
Lincoln and two to Chicago.
ADIISU , SAM.
Tlio ICuvivnllst'R Ijnst AVorilH AVith the
"Hoc" Man.
Sam Jones lei t yesterday afternoon for Car-
tersvllle. On. , accompanied by .Mr. Maxwell ,
the vocallbl'of the paity. Mr , Kxecl. the swcet-
slnserof the combination , left for the east
some days ago. Mr. Jones was askrd what
ho considered had been the effect of his work
In Omaha. "Well , " hu wild. "I don't think
It has been as Ntircu sful as my work has been
In oilier places. And yet. I tcel
that It will bo found gatlstactory , 1
judge of the good done by the moral
improvement occasioned , and the increase of
the niemhurrihip ot the churches. The
cliureho.i imvu been closed for receiving
members up to tlilH , but they will now bo
open and jjiany persons will join , 1 think
that tlieiu have been nbout live hundred con
versions mado. 1 have delivered about forty
sermons and I think It Is safe to hay that I
have preached to 100,000 people whllu I have
been hero. 1 novi-r hj > eke in so largo n hall
before but once , mid that was In Ciiit-linmtl.
1 am lired , but then. 1 lecupcralo quickly. I
will no lirst to my homo In CatternvUlo , ( ! a. ,
after which 1 will go to my conference in
Aujusta. Komciiibur nits to your UIK : bicthron
and thank them for tlio gnoil ronoitsof , and
the kindness Yltll which they Imvo ticated
my work. "
A largo consignment of Antelope Sad
dles recuivcd by thu Omaha Commission
Co. , 010 South 18th St. ; for sale cheap.
The revenue collections yesterday
amounted to $ H,033.57.
AVulmit Hill Notice.
All who feel themselves interested in
church nnd Sabbath school work , are
earnestly requested to meet in the basu-
incut of Walnut Hill church on Wednes
day evening , December 1 , to perfect per
manent arrangements for work. Como
all no matter lo what church you belong.
A largo consignment of Antelopn Sad
dles received by thu Omaha Commission
Co. , 51'J South lUth st. i for bale cheap.
DAY DliKOKK Til 1C TUI.IU
John I.uuci' Visited in His Cull hy a
"JUo" lloporter.
The trial of John J/auer for the alleged
minder of his wifft will be called In the dis
trict Coin tt to-day.
A UK it loixntur maden vf.sit to thflgrnlh"
man who was found m tlw Inner .cull of mo
east wine of the jail. In tlie cage , tne lloor
was carpeted , and the bedding was as fresh
and clean as if newly purchased. Mr. haucr
was in the room outside the cage working
over the accounts of the jail , lie was ) > ale
but In excellent spirits , and seemed to enjoy
an excellent cigar which ho was smoking.
He was asked how he felt over Ids approach
ing trial and his answer was " 1 feel I am
going to bo acquitted. " There wns no
bravado In tlio reply. It seemed honestly to
relied his feeling upon the subject.
The bank clearances yesterday
amounted to
"to.
Absolutely Pure , ,
This powder never varies. A marvel ot
purity , strength and wholcsomencss. More
cconoinic.il than the ordinary kinds nnd
cannot be sold in competition with the mul
titude of low test , short weight alum or
phosphate powders. Sold only in cans.
Royal naKing Powder Co.103 Wall St. ,
New York ,
E. T. ALLEN , M. D.
SPECIALIST ,
Eye , Ear , Nose & TEsroat
Room 9 Williams Dnilding , cor. 1Cth and
Dodge fits. , Omaha ,
Hours 8 to 12 a.m. 2 to ! and 7 to 8 p. m
. . . . . . . . .
ft " ' I I .1 l | - -M - - - - I. |
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for Iho mcccujful trualiiicktof every form ot ill"-
< ate rcqulrliiifclllier medical or nurglcnl treatment ,
nml iuvlte all tucnmaanil limtllKaUifor tlicmtrlvti
r corrcfpnnd ftltli UB. Lung utprrlrocu In Iriat.
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ufacturcd find for sale
The only reliable nledlca ! InlMute miking
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AM , CO.NTAC.IOUa AND UI.OOI ) DlfiKASKR
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New rntoralitc treatment for Jnti of vital powrr
AU , COMMUNIUATIUNS UUNFIUUNTMIi
Cull and coiiuiltiu or tend uamo und | io t-oMia (
nildrrM plainly ivrlltcucnck.n ) ilamp , nnd wo
ulll kirul joii , In plain wrapper , our
PRIVATE CIRCULAR TO MEN
fl'ON i'mATii , Fl'ioiAi , jiXU NLimi' Ji nr ,
HCUIMAI.VrAKMII , HrEIIMlTOnKlldl , HrrOVEN.
cr , fiYTimii , OoNoniiiiiiii , Oi EKT , VAIUCOCCIK ,
SnucTur.c , AMI ill , DIFEAHEH or TUB OK.SIT-I.
t'niKinr OIUAK , or iced history of your cmoor
nn opinion.
I'rriont iiml.lc tUH us muy bo treated | Ilirlr
homif , ujr-corrtrprindcnre Medidr.e nnit ln trii-
mcnH eiit b'y mall ortiprcia BKCUJttil.Y PACK
ED KKOM GIlSbHVATlO.V , nu mkrki tolndlcu *
4-outcnln or render. Olio pereoiul luU'iyltw pro
fcired If cojncnlcnt. i'ifty rooinj for the a".om-
maJallon of patient * . .Iloard'.and attendance tt .
Kiiauablu piicci Addrrtt all I lteri to
Omaha. Medical and Surgical institute , .
Cpr. J3lh4L ntf CwlOjUveOMAHA. . HEB.