Omaha daily bee. (Omaha [Neb.]) 187?-1922, August 22, 1893, Page 5, Image 5

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Colorado Man Arrested for Stealing a
Petrified Man , s
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
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
. 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
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
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
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
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.
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. *
Almost Sufficient in the Bank's Vaults to
Fay All Claims.
Comptroller KckoU Will Penult the limi
tation to notumo llutlnoM ns Soon
I Iti Capital Impairment
li Made Uoocl.
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
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
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.
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 , .
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
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 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
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
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.
Blckctts , aftoruoca ntidovo. Court'ai '
Judge Borka Hoara Evidence in the Pre
liminary Trial of the "Doctor , "
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.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 ,
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 ! 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 ;
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 )
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 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 ,
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
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
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
Beautiful fall dress goods
worth 500 a 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
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
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
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
Children upon whom the duties of
school rest heavily nnd who do not find
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 ,
and wo luivo not anyone to thnnic for it
only Puino's celery compound. "
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-
Spcctac 1 u s
and Eye
Glasses for
sale in Om
aha by
Tcotli oxtraotpil In inornln ? ,
Now oni'HliiHertndurturnoon
Haniu day. 1'urfuot Ut t'uar-
3rd Jr7our.
J'lixtoti Utoole ,
lUtli mill I'nrnnin HI root *
Klovutoron lUtli StronU Telephone 1031
Academy of the Sacred Heart ,
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 ,
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