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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 22, 1893)
THIS OMAHA DAILY BEGs if-UESDAY , AUGUSL' 22 , 1893. QUEER CASE AT L1SCOLN Colorado Man Arrested for Stealing a Petrified Man , s UNIQUE DEFENSE TO BE ATTEMPTED yuoillon of 1'ropcrty night * In Sueh * | Hello tn lie Thoroughly Tented Co lorn do lti > ttililllon to llo Itemted. Ltscot.N , Aug. 21. [ Special to Tun OEE. ] If the governor of Colorado can convince the governor of Nnbraska that n petrified cliff- dweller of the mcdhovat ncs comes undnr the cliiRsilliiatkm of real or personal prop erty , then Frank Uoylo , who U now under nrrcst awaiting the arrival of n Colorado Bhortlf , Is In a sure way to go to the peniten tiary for grand larceny. Saturday Chief of 1'ollco Cooper received n lolouram from J. T. Stewart , sheriff of Aspen comity , Colorado , asking htm to bo on the watch for ono Frank Daylo , who would in all probability call atlho express onico for & bor weighing 230 pounds. Chief Cooper wanted more definite Information and wired back an inquiry. The answer came that Doyle was wauled for stealing a potrliiod man valued at * SOO , and that a warrant had been issued for his arrest. This was enough for the chief , and , acting under his Instruc tions , Detective Malone sot a close watch for the Colorado tourlit who traveled over the country with a mcdliuval stiff among his personal effects. The box arrived nt the express ofllco in flue tlmo and Dojrlo made ills appearance ac cording to program. Ho was placed undoi nrrest at once , whllo the man from the mid- illo apes remained In his box at the express cilice hia blissful state of ossification , ser cuely unconscious of the fact that the diplo matic relations of two great states wcro soon to become strained on his account. When Dotectlvo Malone viewed the "remains'1 ol this oldest Inhabitant of the pliocene epoch lie asserted with an authority , born of an in- tinmto acquaintance with geological human ity , that the man had been Uoad for some time. No Imjitrnt Cnntlilorcd Ncccstnry. Whe'n Coroner Grim received notice thai nn unknown man , whoso form had evidently been maiifjlcd by the weight of centuries was in the hands of the police ho at once visited the express oflleo. After carofullj jlrospoeting the remains ho decided that the ere was of nn extremely low grade and thai It wouldn't assay enough to pay the ex > penses of nn Inquest. Ho very roluctantlj concluded that an Inquest was unnecessary especially In vlow of the fact that the inter est on his fees computed from time to tlmi in tlio tertiary period to the present Unit would have amounted to a consldor.iblo stun Mr. Doyle was found by THE HBE ropre Bcntatlvo nt the liond hotel , where ho i < staying In charge of an olllcor. When askot ns to the controversy over the ownership 01 the geological gentleman of pro-glacial an cestry ho referred the reporter to hii ad vnncoman. The agent had not attondc < college in vain , for he gave n detatlei description of the exact manner in whicl Ills exhibit had boon transformed from at ordinary corpse into a block of basalt. Hi nt.itoil that the putrefaction had boon dis covered in a gulch in the Grand canon o Colorado about three miles from Glonwooi Springs. It is owned by three men , who ex jiect to become rich by exhibiting it through out the country. Doyle laughs at the iilc that ho will bo taken back to Colorado an claims that he owns a fourth interest in th stiff. . To Sottln iv ( jucntlon of T.nw. Doyle proposes to raise several flnol pointed questions of law before he quietl consents to return to Color.ido with th sheriff. Ho claims that it is not an indie : able offense to steal a potrliiod corpse , espc dally when the corpse has no living rch lives to lay claim to its custody. Ho claim : too , that the laws of neither Colorado c Nebraska define petrified cliff-dwellers n personal property. Ho oven maintains tha these ossified remnants of ancient ccnturlo are not subject to an occupation tax. Wit thcso facts in mjnd hu thinks Govornc Crounso will think several times before h concludes to honor a requisition from th governor ot Colorado. In tlio meantime the Innocent cause of a this interstate disturbance is lying in ston hearted indifference in a lonir , narrow box r the express oftlco. The hand of tlmo real heavily upon htm , for ho weighs about 8 ( pounds. His face is ns immobile as the doa centuries behind him nnd In his breast ai locked the socrotH of the long procession c thougcs. Kills lips could speak , what story they might toll. They might posslbl tell of the times when the favorcU daughU of llamescs cradled the foundling child < the Nile , which afterward led Israel hosts from Egypt's bondage to the land ( promise. They might speak of the da.i when ancient Occident vied with nuclei Orient in lauding the magnificence of Sol mon's court of the day dawn of model epoch when the wise men of the east fc lowed the light of Uothlohom's star to tl manger which sheltered divinity of tl barbaric hosts of Vandal and Goth tin Bwarmcd over the walls of llomo and npplli the torch to civilization. Mint Aokmmlcilci ) tlio Child. Daisy Smith's baby and its alleged pa : cnts were given another shock In the cnunl court today when Judge Lansing , with th line Judicial discrimination for which he rapidly becoming famous. , decided that tl bnby really belonged to Daisy nnd thi Allen W. Stuart in its father. In pu suunco of the decision , Mrs. Gorton , tl woman rho brought suit to recover pay f < taking care of the child , was given a jud f mont against the baby's parents , The cai will probably go the district court. Stua is a traveling man with a family in Chlo and has fought thu case against him wi desperation. Both ho and the girl Ueny on phatlcally that they have sustained any li proper rotation * , but the evidence in tl case has already convinced two Judges th the dasliins traveling man nnd the yout lady who traveled over the state in his coi pany nro responsible for the child's advoi into a world in which ho Is very much in tl way. Krlo Jolmion in Trnublu. Unless Krlo Johnson , lately the chl clerk of the Nebraska legislature , c , square himself with nn oiTondod goddess Justice , hu Is In Intlnito danger of line or 1 prisonmunt for contempt ot court. Soi time ago ho was sued bv an impatlo creditor , who secured a Judgment and lev ! upon any property that tha recent chi clerk might possess. The shcriif return the execution with the endorsement that property was to bo found. Then thujud culiod Krlu Into court , and , in response close questioning , ho admitted that t state was iiuleliiod to him to the extent several hundred doll us llo tvnx order by the court to puy the amount of the jui went , $100 , by July 1. Thu 1st day of Ji catno and wont and still Mr. Johnson full to show up with his $100. llxi court h w.iltou until the present time with bocoml patience , hut today Judge Lansing issuei citation requiring the delinquent creditor como Into court and show cause why Hhoulu not bo punished for contempt court. Kmlmrriiniml it ( lliibo Trotter. U. J. Tanner , the ninn who some tlmo n started from Now York on n horseback Jut nround the world , has como to grief in L coin. il was formerly a resident of tl city ami previous to his departure he co mencod n suit for a divorce from his wi Tlio case mine to trial during Ills ubsoi ; nud uistoaU of gutting a divorce from t lady she got ono from liltn and ho was tax with tno costs , When ho reached hero his overland journey ho rnado no effort pay the costs and ns a court of justice is relentless creditor U promptly seized I elaborate snihllo and other furnUliii vuluod ut $100. Tanner is now trying to cover his property on thu grounds Uuu It 1 limps to hU mother. In the meantime l Journey around the world has boeu po poued , CSoiilp nt the Htnto llunto. Bank Examiner Cllno , who lor sove weeks past has been In charge of a broli bank at O'NollI , was at the stuto house ti forenoon. Ho bu * about completed his lab. und is ready to make a llual report. ' 1 Bilkers of the bank are making a despon effort to recover themselves and hope to able to taUo charge of the institution urn a bond to pay Ml clalmi agMntt It within a tpoclllod tlmo. The case of the D.yton Snlco Mill * com pany against Sloan , Johnson ft Co. of Omaha was filed with the clerk of the supreme court today , The plaintiff * secured n writ of attachment on some property held by the bankrupt firm , but the lower court dissolved the attachment. They bollovo they can secure a reversal In the supreme court. Another Douglas county suit filed with the supreme court today boars the title , ' 'Fred- cricks Bailey. Isabel Httzcl nnd W. J. Con- neil against itobocca M. White. " The ci\so involves a piece of real estate In Douglas county. The Interstate Investment company filed articles of Incorporation with the secretary of state this forenoon. It Is a Boatrlco on- torprl o , with n capital stock of $500,000. The Incorporatorsaro : Ex-Sonator Paddook , Ii Ij. Paddock , F. A. Paddock , II. A , Coleman - man and O. J. Colcman. llonril In Lincoln Court Itnoms. The Gorman National bank lias commenced suit to recover $1,02. , from II. II. Davis , O. W. Uoyor and O. P. Davis on a delinquent promissory noto. Studobakcr Bros , have filed a suit ngnlnst M. D. Welch ot al , to secure the cniorco- mont of three Judgments , amounting to $1,028 against thrco lots in Pleasant Hill sub division. The plaliitlltscomplaln that Welch transferred the tltlo of the property to his wife while engaged in a hazardous mercan tile business , W. S. Berry looks longingly upon. COO acres of land Included In the property hold ings of the Nebraska Stock Yards company , and has commenced suit in the district court to secure possession of it. Ho claims that a nrctondod mortgage hold against it has boon foreclosed with the purpose of freezing him out ot his Interests. Lincoln In Uriel * . The Lincoln Business Block company is anew now corporation with a capital of $ .1 0,000. The incorporators are : L. V. BtlHngsloy , Alex Halter , S. Scllgson , U. J. Qreono and others. A mooting of the Territorial Plonoors as sociation of Nebraska has been called to as semble In this city on September 1 ! ) . " The Hock Island today commenced run ning regular passenger trains from Lincoln through to Fort Worth , Tex. Ed Mack was arrested yesterday charged with the larceny of a pair of opera glasses. The charge could not bo substantiated against him. but today the police judge lined him $ .100 and costs for vagrancy. The heavy scntonco was imposed for the oason that tlio authorities desire to hold him for a graver crime. A committee from the city council will hold another conference with the Union Pa- cillc authorities at Omaha next Thursday , in nn oflTort to settle the viaduct controversy. The long controversy over the ownership of the property of the Nebraska Stock Yards company was settled Saturday. E. S. Duiuly , Jr. , transferred the property to Luther Allen as trustee for $ .VJ,33S. Mr. Allen in turn transferred it to the Lincoln Packing company , the consideration being merely nominal. NIMVS Irnin Hunt Ing * . HASTINGS , Aug. 21. [ Special to THE BEK.I About forty Hastings citizens wont down to Lincoln on an excursion yesterday , the objective point being Lincoln park. Among the number were Stewart Campbell and half a dozen employes of the Asylum for the Insane - sane here , who improved the opportunity to study the methods in use at the Lincoln Hospital for the Insano. Saturday the ward caucuses to select dele gates to the independent county convention were hold hero. The attendance was very llljht , almost as many delegates being chosen as electors wcro present. The Modern Woodmen of Trumbull held a picnic at the grove near that place Saturday. An invitation had been extended for the Hustings camp to participate , but for some reason none attended from this city. The romatns of W. II. Hammond , who died Saturday from the effects of a sunstroke , were today taken to Harvard for burial , Silas A. Strickland post , Grand Army ol the Republic , acting as nn escort. Mr. Hammond mend served through the war In the Sixth Iowa infantry , and was in his 81th year at the tlmo of his death. Yesterday the now Methodist Episcopal church nt Ayr was dedicated In the presence enco of a largo number of people. It was ex pected that Hov. II. G. Adams , presiding older for the Hastings district , would b < present , but in his absence the dedicatory sermon was preached by Hev. Mr. Miller. TcciiuiHoh > ioiTn Notes. Tr.cuMSF.n , Nob. , Aug. 21. [ Special to Tni BEE. ] The work of putting the grounds buildings and track in condition for tin Johnson county fair has been commenced The date Is August SO , 31 and September 1 and a successful mooting Is predicted. The Johnson county institute will bo helc here all this iwcok , convening this mornmi with a good attendance. The faculty thi. . year is unusually strong and several gooi lectures will bo delivered by eniiuen speakers. A ono week's term was considerei advisable this year as so many of th < teachers desire to attend the World's fair. l'"re < l Maitln'H Fiiuornl. llASTis-ns , Aug. 21. [ Special to THE BEE. Yesterday afternoon the remains of Fret C. Mastin , manager of the Western Unlot Telegraph company horo. were Interred ii Parkview cemetery. The simple coromonie were in charge of the Grand Army of th IJopubllc , the Workmen and Woodmen nls attending. A short address was made a the family residence by Hov. J. G. Tnte grand master of the Ancient Order of Unite- - Workmen , and the exorcises at the cometor ; wcro witnessed by a largo number of sympa thlzing friends. Lexington Notes of Nevr . LBXISOTON , Nob. , Aug. 21. [ Special t TUB BEE. ] The teachers institute is in prt gress here , with over 100 in attendance. Potty thefts are becoming numerous evidently perpetrated by local talom Howard's grocery store was broken into las night , tobacco , cigars and (2 in change boln secured , A thief with nerve recently boi rowed a butcher's horse and wagon at nigh and hauled homo stolen coal ana then n turned the vehicle. Alleged Jl'irclnr Ciipturotl , HI.BTINQB , Aug. 21 [ Special Telegram t THE BEB. ] A young follow named Coopo claiming to hall from Now Orleans , wa llniMl $70 and costs In police court today o the charge of vagrancy. Ho had on his poi son a bunch of twouty-thrco keys , a scnr driver and a small saw , and Is supposed t bo ono of the gang which has made Mi miserable for Nebraska police during th past fov/ months , Cooper's flue moans slxt days imprisonment. Hail iv Cirou * of 11 In Own. DA.VID Crrr , Aug. Si. [ Special to TJI BBK.J S. E. Holtzuian , a young fnrmoi came Into town to sou Sells Bros , circus ut load from the train. Ho drove a young1 cell which got its foot over tlio brooch strut Holtzumn , in extricating the colt from th harness , was kicked in the fuco , Droakln the jaw. Ho was unconscious some tlmi but nf tor ills wounds had boon dressed li was sent to his homo in the city luabuluucc rnn-nnu City Womuii Injured. PAW.NKIS Crrr , Nob. , Aug. 'Jl. [ Spocli Telegram to TDK BKB. ] Mrs. Carol Ino Go. . linni , aged 07 , foil through a trap door inl the cellar of thu residence of her daughto MM. L. W. Harrington , nnd sustained it Juries which may prove fatal , lior rigl wrist and three ribs were broiten and rigl ankle dUlocated. Nlun Tlioutniul llluro ut Columliui , COI.UMDUS , Nob. , Auf . 21. [ Special Tel gram to Tim BIIE.J The planing mill ownc by Hunteman Dros. burned down ycsterdu , I oss f'J.OOO ; Insured for $1,500. Ono bulldin . Jllloil with luinbur was saved , Columbus fortunate again in bavin ? no wind. The had had no lire in the building since FrWu Funonil of J , W , Hlplinr. OSCBOLA , Aug. 21. [ Special to Tun HBK. ] ' The funeral of J. W. Slphor who committ < j. suicide at a hospital In Lincoln Saturda is was held at the Presbyterian church yoste Iduy. . The aormou was proaohod by ltd Van Olusoii , pastor of that church. The a toudauco was largo. il Work of Fremont llurglur * . FUEMONT , Aug. 21. [ Special to TUB Bet The gun Htoroof Carl Iloinrlch was onion Saturday ulght and revolvers , knives ai cartridges to the amount oft30 taken. Kut was made through thu baolf door by rouio lug a pauol. * AMERICAN NATIONAL'S ' FUNDS Almost Sufficient in the Bank's Vaults to Fay All Claims. LIKELY TO REOPEN ABOUT SEPTEMBER 1 Comptroller KckoU Will Penult the limi tation to notumo llutlnoM ns Soon I Iti Capital Impairment li Made Uoocl. WASHISOTOS DunEAtJ or Tno DEB , } ] 513 FouiiTEBXin STUKKT , > AV'AstiiNOTON , Aug. 81. j Senator Mandcrson nnd President John McCaguo of the American National bank of Omaha called upon Comptroller Eckels to day in reference to the resumption of busi ness by the American National bank. The comptroller stated that If the stockholders would pay into the bank 25 per cent of Its capital , which Is the ox tent of the capital's Impairment , the bank might resume busi ness on the 1st of September ; hut must also obtain an extension of tlrao for payment of deposits from the depositors to the extent ol 523,000. The extension of tlmo for the pay ment of this ninount of deposits is a part ol the requirements to bo mot before resump tion. President McCaguo replied that the offi cers of the bank would try to comply , with the requirements and ho believed thej would succeed. Senator Mixudorson says ho has no doubt that the bank will resume business on September 1. There Is not the least question about the solvency of the bank. The fact that the comptroller re quires but So per cent of the assessment upon the stock shows that the Taluo of the stock is 75 poicent. . JMntorlitl for Oinnhn'i Pojlofllco. Senator Mandorson had a talk again todaj with Secretary Carlisle upon the subject ol riinlto for the superstructure of thoOmahn ublic bulUlincr. Tliu secretary , Assistant iccrotary Curtis and Supervising Architect ) 'Hourko will haven conference tomorrow tc oviso a curtailment of the plans so as tc ( hull of the use of granite. Senator Man- lorson yet believes that by leaving oft the fviug and reducing the expenses otherwise ranito may bo used. General Vnii Wyok'i ( looil Honltli. General and Mrs. C. H. Van Wyck hav ( .rrlvcd . in Washington from their homo Ir S'obrasku , on their way to the Massachusetts eashoro. The general withstood the trii cry well ana says ho fools belter tonight han ho dia before leaving for the cast. . H < s stopping with bis brother-in-law at 173 ! Nineteenth street. General and Mrs. Vat , Vyck are accompanied by their llttli laughter , Happy. They expect to go to tin icasboro about the middle of the week. Iloiv thn Xolirnskiiim r'urod. With the exception of Mr. Bryan , thi hrco republican members of the Nobraski dolegatlon fared better in the assignment : f house committees today than did thoi ; ollcatjues. For instance , the Omaha mem > er got a committee assignment where In : an help his constituents materially , nnd cs > eclally forward the interests of Omaha hllo Kern and McKoIghan , who hav < : atered to the democratic speaker and nr < eally recognized as democrats , can do notb ng for their constituents. Mr. Halncr wai jlven an exceptionally good assignment. To the surprise of almost every one , Mt Bryan was given his old place on ways ant moans. Ono of the most distinguished dom Dcratic members of that committee , and ; warm friend of Speaker Crisp , told TUB BE correspondent four months [ ape that Mt Bryan could not again bo a imcmber of th ways nnd means committee , and that ho ga his information upon the subject from Mi Crisp. It was contended by Mr. Crisp tha the place should go to a man who would ii form himself upon the subjects which th committee must consider. It came to tb knowledge 61 Mr. Bryan and his friend that ho was marked for retirement from th committee and the latter began to war upon Mr. Crisp to retain him. Why llryaii Wns Itctalncd. It was argued to the speaker that if Ml Bryan was taken oft the committee It woul injure his standing before his constituent : who would inquire into the cause for hisdl : placement. Mr. Springer of Illinois wa especially active in Bryan's behalf , and tw or three days ago ho was told that the Ni braskan would bo retained "on account c his oratorical powers. " It seems that th speaker was pleased with Mr. Bryan's sllve oration nnd ho concluded it would bo well t have an orator on the committee one wt could talk oven If ho said nothing. The Nebraska members wore eivon com mittco positions as follows : Mr. Bryai ways and means ; Mr. McKoiglmn , colnifri weights and measures ; Mr. Halner , agr culture , ventilation accoustics and aid hello liquor trattlc ; Mr. Molklojohn , publ lands nnd invalid pensions ; Mr. Kem , Indiii affairs and expenditures in the Dopartmor of Agriculture ; Mr. Mercer , public building and grounds. There was a greater scramble for tl plnco given Mr. Mercer than any other. position on public buildings and grounds always desirable , and It is doubly so no when there are ready for Introduction largo number of bills to construct publ buildings In various parts of the countr Mr. Mercer did not overlook the fact tin Omaha and South Omaim are just now intc estod in public building affairs whc ho asked for the position given niin. l''r o Silver 1'citltloiu. Senator Allen today presented to the seato ate a memorial from the people's party < Wyoming in favor of the free coinage t silver. In the opinion of the momorialls all of our present financial Ills are duo a lack of the freest possible use of silver i money. Senator Kyle introduced memorials fro citizens of South Dakota in favor of the f n coinage of silver. Thousands of these pol tlons are coming In from the west and sout west and are referred to the committee i finance , where they will never bo rca Both brunches of congress are not consldo ing the stiver question with respect to ai collateral expression of opinion. Nearly i of ttioso who will vote upon the subject a acting either upon their own principles instructions from the conventions whl nominated them to ontco last year. Kylo' * 1'iMtotllco Muuauro , Senator Kyle today introduced his hill a year ago providing that when any city village with u population or 3,000 or mot as shown by the federal census , shall pc tion the postmaster general , it will got federal building. That there shnll ground purchased and a postotUco bulldli constructed suitable to the demands of i\ \ ofllco. The building shall not cost less tin $0,000 or more than $30,000 , and it shall ha accommodations for a free public ) librui The bill provides for the issuance of J 1,00 000 or $3,000,001) , of treasury notes to me the expenses Incurred by the construct ! of the building , Woitnrn l'aiilon . The following pensions granted are r ported : Nebraska : Original Darius A. Ilobl sou , Creston , Platte county , Knlssuo George p. Martin. Pierce , Pierce county. Iowa : Increase Joseph W. Utah , Viutc Benton county ; I&lwiu 11. Bovoo , Wushiii ton , Washington county. Original widov eta Flora L. Ulchnrds , Dubuque , Dubuu county ; Mary E. Graham , Tracy , Marl county ; Williuui 11. Taylor , 'father , Mou Pleasant , Henry county ; Ada B. StatToi Uriuneil , Powoshiek county. The assistant secretary of the interior the pre-emption case of ISdwin P. Swoon r.ealnst Sang C. Kuuk from Alllanco Ii anlruied the decision of the commissioner favor of Sweeney. In tlio timber culture case of O.C.It Ewau against L. G. Tisdalo the comin slonor afUrms the decision of the comin sionur in favor of Tisdalo , and In tlio tlml culture case of George B. Mnir agati Charles Li. Gallahor ho nnlrms the duel si in favor of Mulr. The comptroller of currency Is advised the following changes of national bank o cors in South Dakota ; The Watortown I tional bank of Wutortown. Foster 11. Clo ont president , in place of A. C. Mcllotto ; CJ. Mellulto , vice president , in place of T. Ellofson : Churloj G. Church , cashier , placoofj. W. Martluj Frank E. ilnwlt assistant cashier. InDisco " of C. F. Men * drlcks. ' , Nebraska Rot no now 'postmasters today. Iowa ffot two as follows ; White Elm. Davis county , W. A. Dovlsionvlco , F. M. Carroll ; Woodstock , WrlRht coHlhty , S. S. Gardner , vice t . W. Tyrrell. Both'of the Incumbents , who nro republicans , ary .removed. . Balloon tonight nt'Clnirtlnnd ' boaoh. BUSY BOAKD OF EDUCATION , Contention Over tlio' 'trjr Closet System Onuses nn Kmplmllc Cnmmlttee Heport. Ten members of the lidard of Educ&tion attended the regular mooting last night and disposed of n largo amount of business. Secretary Giltan presented a report concerning - corning the balances on hand In the different funds as follows : General fund , JS4.23S.S4 ; sinking fundr $16.78 ; Center site fund , $7,000 ; Central slto fund , 1,007.50 ; Ilnrtman site fund , $100. Balances on building funds are : Center , fWS.- ! > 7.02 ; Central , $ , 3S.2.1 ; Franklin. * 19- f.01.73 ; llartman , $10,821.54 ; Hickory , ? AJ.Vi7 ; tang , $24,070 ; Lothrop , $ t,7S.SO ; Saratoga , f2,2l4.80 ; West Omaha , $2,42y.aj ; Windsor , . 50,070.47. Certificates were ordered issued to appli cants for teachers positions ns follows : Primary , Nos , 2 , 3,10 , 23 , 85 , 20 , ! H , 85 , SO , 40 , 42 , 43 , 40 , 47 , 52 ; grammar , Nos. 13 , 34 , 00 , 01 , CO ; High school. Nos. 71 nnd TJ. A warranty deed to property adjoining the Center street school house , corner of Center nnd Eleventh , streets , was lilod. It was voted that William F. Mllroy , Miss Anna Fees nnd E. C. Page act with the suporlntondont of schools as examination committee for the ensuing year. The carpenter work on the West Omaha school building was accepted on the recom mendation of the committee on buildings nnd property , and on the report of the same com mittee nil bids for supplying earth for the Saratoga school building were rejected as being too high. Dcvorcll Bros , wcro awarded the contract for erecting the smokestack at the Park school building for $ U30. The plumbing work of J. J. Hanlghpn on the Saratoga building was approved , nnd his claim of &MU ordered paid , as was the salary of Janitor Andrew Clifford for the month of July. It was resolved that the Isaac D. Smoad company bo notified that there had boon sor- vlco upon the board Dy the commissioner of health of notice to abate nn alleged nulsauco In connection with the Kollom school sani tary apparatus , and that the Fuller & War ren Warming and Ventilating company bo llkowlso notified of like service in the case of the Saratoga school , nnd that botn firms bo rcqifostod to appear by ttmir attorneys and defend the board In any action brought against it by the commissioner of health. The temporary restraining order granted to the Mlllard State bank , enjoining the board from paying any money to Bray- ton & Donockcn for work on the Franklin and Hartman buildings , came up for con sideration and was referred to tlio commit tee on judiciary , with instructions to call upon the attorney of the board to appear In person or by proxy at the hoar Ing of the case September 0. The most important business of the ses sion was the consideration of the following resolution Introduced by Colonel Akin , which was adopted. Concerning Dry Clntctn. Your cotninlttoo to whom was entrusted the dntv of propaiinK a statement of your po sition In tlio present controversy between nils body and tlio Hoard of llvnlth iispectltiK the drv closet system in the Kullom school , re spectfully submit the"following statement and resolutions rulntlvo .thereto : The Hoard of Health , having persistently kept before the public for several months Its side of the question concerning the sanitary condition nf the dry tiloiots In the Kellom school , the Itoardof I'MuctUlou dooms It proper to place before I ho taxpayers and patrons of the public schools the followlagatatoinent and revolutions : } L Wo have expended more than $5,320 for tlio system of dry closets nmi'hcatlnv ' and ventila tion of the Kellom .school. Tins was done with the consent of the city of Oinahu , acting through Its Inspector oitbulldlnB * . who ex amined and approved tliojplans for the build ing before u dollar was expended thureon. Now the city of Omalm.f acting through Its Hoard of Health , coiulchins thc.se plans , and orders the dry closbts'J1orn out and their pluces supplied by .unotlier system , which , while ineiitiii ! ? the approval of the city now , may bo tabooed by tho' ' Ilparil of Health six months Iienco. , . r Wo biilmilt that If'the Board of Health , with out a judicial determination , inuy arbitrarily condemn ns a nuisance one kind of apparatus once approved by the building department of the city , an apparatus sanctioned bj adoption and use In the most progres sive cities and put In operation hero al eronloxnonse , It can llkowlso arbltrarly coil' uoinn and order removed any other system , no matter how excellent , which may lie substi tuted for It , and there will bo nn limit to tin amount of property of which cltl/ens may be deprived "without duo process of law" nnd nc end to the burdens which the Hoard of Hoallli may Impose upon the taxpayers. It Is a doctrine not to be tolerated In till country that a municipal corporation , wlthoul any general laws either Of the city or of thi state , within which a Riven structure cun bi shown to bo u nuisance , cun , by thn mere declaration thnt It Is one , subject It to romovn by any person supposed to bo aggrieved , 01 oven fy the 1 city Itself. This would place every house , every bust liesnnd all the property in the city ut the un controlled will of the temporary local author ities. And why are the closets of the Kellon school ordered removed ? Hccauso they are i nuisance , says the Hoard of Health. This wi doiiv on the authority of gentlemen of tin medical profession , at least as eminent h their knowledeo of sanitation as those com posing the Hoard of Health. Always * solicitous for the health and safof of the children entrusted to our caro. wi cnused a careful examination to bo made o the sanitary condition of these closetloni before the attention of the the Hotin of Health was directed thereto , am the result of thnt examination satlsDei ns that the closets were not Injurlou to the health of these altuiuling the school Hut , fooling that wo ml ht have erred , In vlev of the loud and perslstunt objections of tin Hoard of Health , wo , by our representatives attended sessions of the Hoard of Health IUK listened patiently to the reasons wlilcl it was pleased to olTer in support of Its con tontlon. Candor compels us to say that th reasons thoioolTorod did not oven Impress u with a suspicion that we had erred. In vlei of these JACta and of the further fact that w nro charged by the law and our solemn oath to administer the alfnlrs of this school dlstrlc accordlnir to our best judgment , would wo nebo bo derelict In our duty If we obeyed this ordo of thu Hoard of Health , which in olfect com mamla us toscnmndora lurgo sum of the pea plo'B money , Wo think wo would , nnd for tha reason , and that only , wo refuse nnd shall con tlniie to refuse to obey the order of the Hoar of Health In thU regard until the courts < lt clare the clo = ots to bo a nuisance. Hut If w nro In error and those closets are in fact niils.inco , there Is a way In which that can b l determined nnd these closets replaced by sum other Hy.stem without the school funds suffer ing any Ios whatever. Isuuc J ) . Hmead Sc Co. , who ) constructo these closets , have a contract with the Hoar of Education whereby thby warrant that th closets are sanitary , Now , If they nro noi this warranty , supported by n Eulllciunt bom must ho satisfied. There Is ono vrny , as \ \ ImvoHuld , In which the two facts , that ( ! "The closoU are a nuisance , " ( If they are ) , an ( ' . ! ) "that Bmond .t Co , udBiresponnlllo" ) can \i \ established without full , and there are seven ways by which It cannot IHi done without grei : danger of failure. It cannot bo done by sul milling , without a Judicial contest , to tli mandate of the Hoard iTfTfealth. Neither ca It hoduno by iitteinptlnU'tP imnlsh the men bora of the board for the act < tlio board , Hut ltf > Van bo done h the Hoard of Health cui/Mnonciiix / " " nctlo In mandamus to compel tin to remove thos closets as a milsaneti. ti in such nn action Kniond & Co. can be boun by4he decision of the court. Which do the tn ? tmyersduslro ? There cnrtJxs but onoiuihwe in our opinion. Therefore , If the Hoard c Health believes the flOMts to bo a niilH UK and not mi attenuated display of luithorll over it body nt Itust cWl > tdlnatu , lot It con inenceH at oncu un action , In mandamui. Sue an action would load ( o n'npccdy determim o tlon of the question loud ought to bo bull ; factory to all. Tliorufortvho It Hesolvod , That the Hbilfdiof Education doi t hereby Invlto the Hoard of llnulth to con inencu tin action In mandamus tocjinpol tli board to remove the dry closets from tl Kellom school nn the ground ; that they uro iiuUunce. UtiMilviul , That for the purpose of wavli nil technti-nlltles , It Is hereby declared by tl Hoard of Kiliiration that It will Htlpuhtto wll the Hoard of Health , that tlm only mio.itlon i bo dutermlned In bald action shall be , "A the C'losoUu Nuisance } " mid If thu court holt they uru , that this board will admit that It lUduty toroimivo vald cloiuts , uml that i order to that effect Nhull forthwith Usuu fro the court , and ho It further Kesolved , That In thu u vent of the Hoard < Health commencing an notion , the preside ! f this board bo and ho hereby U illrccli forthwith to notify said Isuuu I ) . Sinead & C to uppour und defend the same ; and that I the event of 11 decision adverse to thu Hoard < IMucatlonlt will look to bald Hmoud A : ( Jo. f all ilaniuKes which thU board may Busialn I reason of I'avlns to remove said closets ai supply tbulr iilucus with utfiera. n Blckctts , aftoruoca ntidovo. Court'ai ' WARD'S ' CASE IS NOW IN COURT Judge Borka Hoara Evidence in the Pre liminary Trial of the "Doctor , " MAN DROWNED IN LIlfLEFIELD'S LAKE Fire In a Itniomont Evidence Buspvot UolnfrR of the Uny nt the 1'ollco Stntlon Htikcn llunoo lliulnois Men. "Doctor" Wftrd , nllns Poyson , w M given n preliminary hearing yesterday on the charge of murdering William llogcrs Garner. Judge Borka , who has returned from his -vacation , is hearing the evidence. Five witnesses were examined and the case was continued until 2 p. m. today. These who gave testi mony were AlmaGravcntluo , Drs. Lavender nnd Henderson , Mrs. Hoacock nnd Charles Beaton. The evidence elicited Is corrooora- tivo of that which 1ms been published in Tun Bus , nnn goes to show that Ward per suaded Garner to leave the Houston institute tuto nt 4 o'clock in the morning nnd go to the " 'doctor's" room on Uodgo street. Garner mot his death In" n mysterious manner in Ward's room a few hours later. Ward was placed under arrest and It was learned that ho had Injected some poisonous fluid into Garner's arms whllo Garner was sleeping. Garner died In a short tlmo and when the door to Ward's room was forced open ho was found sitting beside the corpse eating some lunch. Ward made no effort to tell any ono of Garner's ' death and the nf- fair became shrouded In enough mystery for the coroner's Jury to hold the accused for further examination. Corporal Shoa of Fort Omaha will give his testimony today. It is alleged that the corporal was in the room when Ward injected the liquid Into Garner's arm. arm.Ward has Improved In looks slnco his con finement and scorns to think thnt no cnso will bo mndo out against him. llo sat in the prisoner's dock during the taking of evidence and gave close attention to all the testimony , SHUmitOCK'S I. AST SWIM. Lost Ills Life 111 I.HtlrllclU's I.uko Yoster- < lny AltomoonVhllo Untiling. Kudolph Shrimrock , an employe of the Missouri Pacific railway , was drowned In Llttlofiold's lake yesterday afternoon whllo bathing. The unfortunate man had gene out to the lake to take a swim In comiuny with J. J. Wetmore. The men were having plenty of fun , when Rudolph showed signs of distress and called to his companion for assistance. Before his friend could reach him ho sank out of sight , and at a late hour last night the body had not been recovered. Coroner Maul had a force of men nt work dragging the bottom of the lake all evening. The lake Is cast of Hill's road house and lies between thnt place and the river. It can hardly bo called a lake , but it is quite deep at the point where Rudolph was last seen. Shrimrock Is a young man and boards at 1338 Ogden street. Nothing much is known about him , except that his relatives live in Michg.in. ! It could not bo learned whether ho man is married or not. The body was recovered nt 9 o'clock last Ight and sent to the morgue. An Inquest ill bo hold by the cororner this morning at 1 o'clqck. Wiuitvd lor Hur , ; mry. A few days ago the police arrested William ohuson , alias McGco , who is known to them .s a crook. Ho had a number of rings and omo jewelry in his possession , but while the Ulcers believed that the jewelry had beet ; tolcn they could only charge thn prls oner with vagrancy. The suspcctct man was sent to jail for thirty days on till ; hargo. Yesterday Captain Mostyn turned the owolry over to Attorney Wappisch , who do feuded Johnson. A few days ago no re ceived a letter from Mrs. Bertstrum of Oak and , Nob. , describing the property and say UK that her house had been burglarized 01 July 13 whllo the family was attondin ; church. She said that live rings , a bracolo and $3 in cash were stolon. Captain Mostyn will prefer n charge o burglary against Johnson as soon as his son tcnco for vagrancy expires and Mrs Bortstrum will appear hero as complainin ) witness. _ linker * Muko u llrmilc. Detcctivo Mulono of Lincoln was in Omahi yesterday looking for two men named Card icr and Gay. Mr. Malone says that these follows oponci up a bakery In Lincoln , ana after establish ing a credit proceeded to purchase larg quantities of goods which they disposed o und skipped out , Ono of the merchants wh > vas duped to the cxteut of over S100 n ceo in panied the olllcor , but after looking for th fugitives all day they were forced to th conclusion that the birds had tloppcd the ! wings further west. It Is said that this fin also worked several Omaha merchants nn that their operations have netted thorn few thousand dollars. OUlcors iicro claim to have seen the me Sunday evening , but had no knowledge tha the men were wanted. CiiUHinl u Oi'iicrnl Alarm. Burning paper in tlio basement of the Pt ciflc Express company's building , on Four tccnth nnd Hnrnoy streets , caused a genor : alarm of lire to bo turned In about 8 o'cloc lost evening. The fact that the lire was I the business part of tiio city and so man people were on the streets caused a ver largo crowd to congrcsato In quick time. The doors of the building were forced opci and in a brief time the ilames wcro oxtlt gulshed. The flro was caused by a pile c waste paper being loft In front of the fui naco In tlio south end of the basement. Thi paper Is burned every evening , und It Is suj posed that the tire caught in the wnsto plli No considerable daniago wan done boyon tlio filling of the building with smoke. Troulilo In tliu 1'iiinlly , Frank Harmer , who lives near Sixth an Marcy streets , went homo last night accon panied oy n load of family disturbance an it Is said proceeded to beat tils wife unt Mio had to call for help. The woman clothing was nearly torn from her body nn she was somewhat bruised. Bulor * an of ccr could bo summoned friends 'interfere and assisted the unhappy couple to patch t a truco. The woman told bystanders tht her husband had beaten her frequently , bi that sl.o was growing tired of it nnd woul cause his arrest on the next attempt to i her harm. _ To A.I ion mid lolin. John Parley and Allco Hatflclct wei locked up at police Headquarters last nlxl on a oliardo of disorderly conduct. Tl couple were found In n room on Jncksc street by an ofllcor who was looking fi them , Tlio clmrgo of disorderly comlu was made against thorn -to hold them until moro serious ono i-.in Uo made this mornlii Jt Is alleged that John and Allco oroko inl A. Cohen's store on Jackson street at stole some clothing. They will bo churgt with ' -feloniously brcaulug und entering today. _ I'oeUotml I'uuiiilt I'l'i. ciuuli , Harry Osboriie Is accused of stealing ? 3. from ills employer last night. O.sborno employed to soil peanuts in the Farna Street theater. When the performance w , over It was found that the young man hi sold his stock und skipped out , leaving memento in hla hut , which ho loft behn him in his hurry to got away. CompUl was made to the police , und ortlccrs uro lee ing for the youth. , Mrs. W. A. Nicholson was arrested on warrant last night charging her with ti larceny of n valuable ring. The \vomnn alleged to bo n partner of "Humpy" Welc but shortly after her arrest a man claunl to bo bur husband called at the station in uskod to see her , The police have boon loc ing for the woman for the past ten days , Htuppril'IliHlr'npetxI. A. Baker and F. A. Planck wcro arrest last night by Officers Dillon and Her Sixteenth ftndOumlnit streets for fast drlr , ing nnd disorderly conduct. Tlio city detectives will soon have bettor quarters in the city hall. E. A. Hay. nn old-time Omaha "con" m\n ( , arrived In the city yostonlny. llo eon sought his old haunts nnd Detectives Savage and Uflmpsoy sent him to Jail for safekeep ing. The otllcers say Hay is a slick man In his "specialty. " Blckotts , uftornoon nnd ovo. Courtlniid CITY HALL NOIE8. Ilrtef Mention uf Municipal Mntteri \Vninaii us llonil llnycr * . Notwithstanding that the smoke nuisance ordinance Is now in full force , no stops have boon taken to protldo the city hall boilers with .1 consumer. The property committee has several plans before them nnd the members have had the beauties of each con sumer portraycu to the-in. Yesterday morning the committee on publlo proiHjrty nnd btilldlncs , composed of Coun- oilmen Jnoobson , Steel and Wheeler , ex amined several defects In the city hall and nrriuiRfld with the contractors to have them remedied. The ventilating system Is to bo remodeled , the fun not giving the best of satisfaction. A change in the boiler grates is also to bo mado. These changes nro to bo made at the expense of the contractor. City Electrician Cowglll has the now electrical ordinance nearly completed , and expects to have It Do fore the council within the next two weeks. H is very lengthy ami covers all points In electrical matters that should bo governed by ordinance , Tito or dinance will bo submitted to City Attorney Council , City Engineer Hosowatoinnd Gas Inspector Gilbert , who are niombors of the spoclal committee to prop.iro the ordinance. The Board of Public Worki yesterday morn ing dliccted the contractor to mnko the water nnd sewer connections on llftoen different streets. These streets nro the ones now under contract to bo naved , and the work of maiclng the connections must ho finished previous to the paving bolng done. This will furnish employment to a small number of men. City Engineer Hosowator announces that ho will resist to the bitter end the pay ment of the repair claim of the Barber Asplmlt company for the first six months of this year , amounting to $11,110. The claim was approved by the Board of Public Works Friday , and will go to the council this oven- Ins for Its sanction , The Barber Asphalt company anil John Grant are making piopar.ttlons to commence the work of p.ivlng Just us soon as the con tracts can bo entered Into. On the districts which they have secured the Ilnal ordinances have been passed ami all that Is necessary to bo ilono is to secure tlio approval of the contracts. The people of this city with all kinds of money hidden away in dark and unknown places have not responded very rapidly to the Invitation to Invest in fl per cent bonds of Omaha. The Inquiry and demand for thu bonds which are now on private sale by the city treasurer has not boon up to expecta tions , and the prospect for disposing of them In this manner is not nearly so bright as is de sired , So far but two bonds have been disposed of at this private sale. They were of the short tlmo 'ssuo ' , bearing 5 per cent Interest. Both were In denominations of $100 each. Two ladles were the investors nnd for the sumo they paid Treasurer Bolln $100 each. Their names are Mrs. I lowland and Mrs , Jennie Wilson. Bickotts , afternoon and cvo. Courtland Thomas Lund Is the latest aspirant foi councilnianio honors. Ho Is ambitious tc become Chris Specht's colleague from the Sixth ward and will make a hustle for the republican nomination. The great week's sale o : The Morse Dry Goods Co. opened this morning with z crowd of eager buyers. Boys' suits worth $7 , $8 , $ c and $10 were sold at $3.98 , anc a harmonica given with eacl suit. Beautiful fall dress goods worth 500 a yard.in plaids anc stripes , were sold at 290 ; yard. Some choice dark am light challis , regular 650 goods went for a "quarter" a yard Tis a good time to get a dres for little money. Remnants o black and colored dress good went at just half price. Ver handy lengths were amoni these remnants just enougl for a skirt or what is needec for school dresses. Speaking of cloaks ; why children's pretty check reefe jackets sold at 450 each am the navy blue reefers at 98 were delightful surprises to al who bought. Evenings an cool as was demonstrated b ; ladies investing in mediun weight capes and jackets , whicl are sold at half price connois seurs in wraps can pick up few fetching imported novel ties at half regular price. Heavy brown sheeting i sold at 4c a yard , splendi brown canton flannel at 50. The linen department ha its full quota of patronage , a tempting values are offered. Parasols well , parasols ar being closed out regardless c tender feelings $5 parasols g at $2 each $3 pararsols dro out of line for a dollar each. Those who were not promp ly waited upon today will b tomorrow we'll get hel enough. The sale , continues all th week. Each day of course n duces many bargains , so \ \ urge an early attendance * It pays to trade with 16th. and Fnrnam Sts.f OMAHA. IN VACATION DAYS. MnnyChildren Whn Do NotFhul llioittli In Simply CcntliiR from Mtuily In the Htmtmcr The CIHK or A. II. Clinntllrr' * UniiKhtnr , Enthusiastic parents pralso 1'alno's celery compound : tliolr fcoblo dauphtora and sons gain weight and color by using It. Energy anil a fooling of wcll-bolng In place of depressed spirits , Irritability and weariness Is tlio unvarying storj from those who take Palno's celery com pound , the remedy that mrvkos people well. well.Children Children upon whom the duties of school rest heavily nnd who do not find ELIZABETH GRACE CHANDLER. health in Dimply taxing a vnoatlon , should tnlso Pulno's celery compound. Alfred H. Chandler , csq. , of ttullofouto , Piu , writes to the proprietors ot this great rotncdv : "My daughter is today ns well na she over was in her lifo , hut 1 bollovo that If wo had not got Puino's celery compound for her who would not bo here with us today. She vn8 attending school , but got 'run down' ivnd her illness developed - od into what the doctors suit ! was rheu- mntism and rheumatic fovor. Everyone en id she could not livo. I cuiiilbyod three doctors , but they gitvo her no re lief. I road ubnui Palno's celery com pound in a paper ono day. I believed it would help her , so I wont down town and got u bottle of the compound and hurried homo and commenced giving it to her according to directions. "By the time she hud tnkon half of the bottle flho was able to sit up In bed , and by the tlmo she had used four bottles tles she was frco from pain. Wo con tinued to use the compound. When wo began she was nothing but n shadow. Today she is ns strong JIB she over w.is , and wo luivo not anyone to thnnic for it only Puino's celery compound. " OUSTER'S XiAST BATTLE FIELD. A vlsli to this spot , which is now a national cemetery , is oxtromorly inter esting. Iloro seventeen years ago Con ceal Custor and tivo companies of the Seventh United States cavalrynumbor- injrovor 200 olllcors and mon , were cut to pieces by the Sioux Indians and allied tribes under Sitting Bull. The battlefield , the valley of the Little Big Horn , locntod some forty odd miles south of Custor , Mont. , a stxtlon on the Northern Pacific railroad , can bo easily reached by stugo. If you will writ * Charles S. Fee , St. Paul , Minn. , inclos ing 4 cents in oostngo , ho will send you a handsomely illustrated 100 pa o book , free of charge , in which you will find a graphic account of the sad catastropha which overtook the bravo Custor and his ollowors in the vvlloy ; of the Little Big Uorn in .Tune , ' 70. The cele brated Noil- changeable Spcctac 1 u s and Eye Glasses for sale in Om aha by MAX MKYEIt & BUO. CO. , ONLY. Tcotli oxtraotpil In inornln ? , Now oni'HliiHertndurturnoon Haniu day. 1'urfuot Ut t'uar- untued. 3rd Jr7our. J'lixtoti Utoole , lUtli mill I'nrnnin HI root * Klovutoron lUtli StronU Telephone 1031 IJHINUTIHH WIL'II VOU EDUCATIONAL. Academy of the Sacred Heart , PAHK PLACE , OMAHA. Tills Academy is located on .Tilth and Hurt streets. The situ is ele vated and beautiful. The plan o instructioiMinites every advantage which can contribute to an educa tion at once solid and refined , I'ar ticular attention is paid to cultiva tion of manner and character , AMERICAN CONSERVATORY , WEBER Music Hall , Chicago. All trtutli * ! of Yuctl ftBd IitilrvmtnUl Mtule. Drtiu ttc irt , Elocu * tun , DflluiU , Nari aUH | > i.ur Uartun. Tttrnt piotltr * ! * . K l | Iww Lrm * Stpt lUi. ticd lor t t ltoiu , J.J. Uir uu/r piiwlo * * In oMAfewsaiT H nlle > lla < 'rmtluillllitllilrl rt- nientl < > f Uunlcal hludy. > III * n vw'Arl * Klucutlon. lAiik'uaxe < . Etc. , AdU.E. P. 11UI.LAIIU. A.U.Uupt. Jftcktautllliijll. . l ut I'-u Vt'tuU > VrlU lit lls ! : UIA . i