Nebraska Newspapers

    THE OMAHA DAILY BEE- FRIDAY , JANUARY 19 , 1891
FRIENDLY SUIT IS STARTED
Ocvcrnor Orounso Begins a Mandamus
Action Against Treasurer Birtley.
K TESTING INVESTMENT OF SCHOOL FUNDS
prrinn Court Ankctl to Srtlln thn Con
troversy In Itpqnm In thn i'urcliiino
of Oulolnnillni ; .StHtoVarrnuU
Mhut Arn Carrent I'undg.
Neb. , Jan. IS. [ Speclftl to
Tun HKK.J Another 'important case was
submitted to the supreme court today
involving the constitutionality of the taw of
IS'Jl requiring the slate treasurer to invest
tbo permanent school fund in stale war
rants. Thu case la In the nature of a man
damus suit Instituted by Governor Crounso
to compel State Treasurer Hartley to pay
him a warrant out of the permanent school
fund. The treasurer declined to pay the
warrant upon Us nrcsoatalion. and the gov
ernor brings the matter to the attention of
thu supreme court.
The petition cltrs the law passed by the
legislature of 1SD1 , and sets forth the fact
that on a designated date the governor pro-
Bttiled a warrant for J10 to the treasurer
drawn upon the ccneral fund. He was in
formed that there was no money In the pen-
oral fund with which the warrant could bo
paid. The governor thereupon demanded
the pajment of the warrant out of the Idle
money In the treasurer's hands belonging to
the permanent school fund. Thu treasurer
dot-lined to so pay tbo warrants for the
reasons set forth In the following letter ,
which is attached to and is made a part of
, tbo governor's petition :
Jlurt'ey Milieu 11 In KoMftcini.
LiNCdl.K , Dec. 13. To Governor Crounse ,
Clinlniiiin of lIIP Hoard nf Educational Lands
and I Hurts : KKAuSin Section 1 , article vlll
of llio constitution of tlio state provides that
the- governor , secretary of state , treasurer ,
attorney general nnd commissioner of public
lands und buildings , shall , under direction of
the If'gMaturit. ronstlluu1 a bouid nf commls-
Hloncis for tli ( > I nvpst turn toft lie school funds
In nidi manner 111 may bo prescribed by law.
In tln Compiled .Statutes of 1B97 , chapter
lxx , section 1 of nnlclo I , provision Is made
for { lit : commNsloners creiited by section 1 ,
article vlll of the constitution , to luvesttho
Bchool fund. Section 25 of article I , chapter
Ixxx , of Hie suld stntutesof 1887 , says that the
Bald board of commissioners uliovo referred to
hliall at regular meetings mulco Iho necessary
orders for tlio Investment of thu fund. The
legislature of this stale In 1891 aincndud sec-
lion ao of article 1 , chapter Ix.xx , statutes of
1S97.
Jliiow provides that said board of comnils-
hloncrs shall , at a regular meeting , provide
for tno Investment of said funds , and In addi
tion to I'lillecl Mules and stale securities and
registered county bonds It makes state war-
ranlt. proper se.euiltles. The legislature , In
my opinion , could not relieve thu commis
sioners of their responsibility , and I do not be
lieve It was Its intention to do so , In chapter
xvlll. Session Laws of JB01. My idea Is that
the legislature , when tlio commissioners at
regular mooting passed upon certain securi
ties , Including state warrants , And approved
them , made It the duty of the treasurer to
Invest the fund In the securities as approved.
The board of commissioners should , in my
Judgment , do three things : I Irst , It should
ascertain that there 1 * a levy behind the war-
ranla presented ; second. It should see that
they are regul'irly Issued and upon a proper
appropriation ; third , that the party present
ing them Is the rightful owner. Hnving ascer
tained these facts Ills then tlio duty of the
commissioners under the law to direct the
treasurer oy resolution to purchase tlio war-
rantfi. To do otherwise Is to glvo the treasurer
a privilege which I do not think he Is entitled
to. In vltiwof the action taken .by tlio board
Jn refusing my request for authority to place
the warrants now on Hand in the school fund.
I shall be obliged to discontinue the purchase
of warrants until the question Is decided by
the supreme court , which , 1 trust , will bo done
lu a few days. Your obedient servant ,
J. S. IIAIITLCV , State Treasurer.
.Tiled a Demurrer.
Assistant Attorney General Summers ,
who will conduct the case for the state
treasurer in the supreme court , files a pen-
oral demurrer to' the putl.ion filed by Gov
ernor Crounse , in which ho not only makes
the customary allegation that the lacts sot
forth in the petition are rot sufficient to con-
Btltuto a cause of action , but in which ho
also attaclts the constitutionality of the law
passed by the legislature in 1801 , requiring
the state treasurer to invest the school fund
in state warrants. Thus the whole case will
rest upon constitutional grounds and the de
cision of the court will be a final solution of
n controversy which involves many ttiou-
Bands of dollars belonging to the people of
JS'obraska.
The case grows out of a controversy which
nroso at a meeting of the Board of Educa
tional rounds and Funds on December 13. At
that meeting Treasurer Hartley reported
that ho had purchased nearly $100,000 worth
of state warrants and he offered them to the
board as an investment for the permanent
school fund. A lengthy discussion arose , in
Which Governor Crounso took the position
that the treasurer did not require any au-
tborlty from the Board of Educational
Lands and Funds to purchase the warrants.
After some further discussion it was determined -
mined to submit the matter to the supreme
court. The suit is a friendly ono , arranged
for the sole purpose of testing , first , the
constitutionality of the law , and second , the
source of authority under tun law in case it
is declared constitutional.
Areucd and Submitted.
The test case commenced yesterday to
decide the meaning of the words "current
funds" in the state depository law was
argued before the supreme court tins fore
noon , Hon , J. C. Coxrau of Omaha and Hon.
3. W. Dawes of Crete appcarlng.for the First
National bank Qf Crete , while Attorney
General Hastings and Hon. J. A. Ames of
this city represented the state treasurer. In
Its argument the plaintiff assumed the ground
that thu only question Involved hi the con
troversy at issue was the construction to
bo placed upon the words "current funds. "
Cooley on "Constitutional Limitations"
was quoted to show "that it was the
duty of the court to uphold a statute when
the conflict between it nud the constitution
Is uot clear , and the Implication , which
must always exist , that uo violatiou has
been intended" by the legislature , may ro-
liulro It In some cases , when the meaning or
thu constitution is not m doubt , to lean la
favor of such a construction of the statutes
us mlglit not at first seem obvious and
natural. For , as a conflict between the
tlatuto and the constitution Is not to bo im
plied , it would seem to follow that the court ,
irposslblo , must give tne statute such a con
struction as will enable it to have effect.
This Is only saying In another form of words
that the court must construe the statute In
accordance wltfi thu legislative intent , since
It Is always to be presumed that the legisla
ture designed the law to talto effect aud uot
lo bo a nullity. "
Three 1'olnln to Con ldrr.
It was argued by Messrs. Cowan and
Dawes that when a doubtful provision of
ttalutory law Is presented for the consider
ation of the court there are three cardinal
tests which may be applied to It in order to
ftscortaln the legislative intent. First , the
Inspection of the statute itself ; second , the
rquityof the statute ; third , the comparison
Df the statute * upon the same subject mat
ter. The statutes should IKS interpreted m
the most beneficial way which their Ian-
ruago will permit , to prevent absurdity ,
hardship or injustice , to favor public con
venience aud to oppose all prejudice to pub
lic interest.
Talcing up the argument upon the case
ipccillcally iu point , the attorneys contended
that the existing evils which thla law was
Intended to correct were of long standing ,
ml often either directly claimed the atten
tion of the public. There had not been , up
to the passBgo of this law , any act compellIng -
Ing deposits of state funds in the banks of
the state. In theory these funds were sup
posed to be Idle , locked up in tbo trtasurv
vaults of the itato. There was , however , in
[ ace of this theory or fiction , a general sus
picion , not lo say well founded belief , that
these funds were not idle and that they
were not locked In the treasury vaults of
Iho safe , but that on the contrary they were
Ulitributod for deposit among certain
Uvored banks , and were yielding au Income
Which did not iunuro to the benefit of the
late Tbo acts of a former state treasurer
. were prominently before the legislature m
Ihli very connection.
liitcmlud to rrolect Trait I'andi.
The report of the state treasurer gave lull
knowledge of the laro and constantly
increasing amount of uninvested trust funds.
Ov | riunitu s f n * iwnutun Investment uf
thmn trust funds were becoming less an .1 less
frrqui'nt The homely old adugoofHalf
n loaf is better tlun no bread was doubt
less in the minds of the legislators , and thuy
therefore provided for the temporary in
vestment of tbcio funds. An attempt to
confine the provisions of tills law to such
funds as may bn no < M ! d for coal bills and
general supplies lor suite Institutions nnd sal
aries of ofliclnlBami employQS , leavlngsubjoot
to the manipulations heretofore mentioned
nil of the trust funds of the state , would bo
beneath the dignity of this case and do
violence to thb provisions of both ttio statutes
utos and the constitution. For the puri > ese
of the business of a great state all funds are
current funds so long as they remain on
hand or are not permanently Invested. Shall
wo , by the use of Jugglery In language intended -
tended to cover an ulterior purpose , extend
the provisloni of this law to the pittance of
the cencral fund and deny them to the trust
funds of the state that at this tlmo are on
hand uninvested to an amount approximat
ing $1,000,000 ? These funds are current in
that they demand constant attention all the
tltno looking to their investment.
SUl'UK.MU COUItT JIULIKP.
I.lttln Chnnen for the Jn < lgc to Overtake
the Growing Docket.
LINCOLN' , Jan. 15. [ Special to THE BEE. ]
Speaking of the article In THE Ban of tnls
morning concerning the overburdened con
dition of the supreme court docket , a gen
tleman who probably has as much business
with the court as any other man In the state
said that there were several reasons why
the business of the supreme court had in
creased oo rapidly in Nebraska.
"In the flrst place , " said he , "tho consti
tution fixes no limit upon the number of
cases which may bo brought to the court.
Tbo amount Involved In the casn at issue is
uot limited ; the rules of the court do not
rcqulro printed records , and do not require
parties to ask Icavo to file cases. In some
states cases cannot bo broucht before tao
supreme court until the court itself gives
permission. Such a rule In this state would
doubtless relieve the court of many of the
cases now brought to its attention. If
parties to suits were required to file printed
records many cases involving small amounts
of money would not bo llled , for the expense
of printing the records would deter many.
Under the present law-any case Involving
even the smallest amount of money can bo
brought to the supreme court , and many
cases which hardly deserve the serious
attention of a justice court are often placed
on the docket. "
Court -Mnr Cntch Up.
It Is the opinion of a number of attorneys
and officials connected with the court that
with the aid of the commission tbo supreme
court will catch up with the business. This
opinion is not shared by a great many others ,
und many nro of the opinion that some addi
tional relief must sooner or later be granted
the court. The counties of Douglas and
Lancaster alone supply about one-third of
the cases reviewed by the court. The last
general docket contained about 1,500 cases.
Of this number IC > y originated in Douglas
county and ISO In Lancaster. It has been
suggested that the establishment of an ap
pellate court for Douglas county would re
lieve the pressure , or oven a general appellate -
pellato court. Missouri provides appellate
courts for St. Louis and Kansas City. Illi
nois has a system of appellate courts. Colorado
rado hasadoutod the general appellate court
system , while Ohio and California have two
divisions of the supreme court , acting along
lines very similar to the ono adopted by the
supreme court and the supreme court com
mission in Nebraska.
In a conversation with THE BEE recently
Justice Post of the Nebraska supreme court
expressed himself very favorably to the com
mission. He believed tbo commission was of
more value to the interests having business
before the court than an increase in the
membership of the main court , foi- the rea
son that the time of the court is largely
taken up with the routine work of the regu
lar sessions , such as listening to arguments
and passing upon motions. The commission
is hampered by nouo of this routine work
and is thus enabled to give its entire time to
the consideration of cases placed in its hands
by the supreme court. The operation of the
law for nearly a year has convinced the
court of the value of the commission.
CONCLUDKD WITH A JIAXQDKT.
nf Volunteer Firemen's
Convention Associ
ation at lieatrloe Ended.
BEXTUICE , Jan. 18. [ Special Telegram to
THE BEE. ] The third and last day of the
twelfth annual contention of the Nebraska
Volunteer Firemen's association has drawn
to a close and the business of the convention
is completed. The forenoon was taken up
with routine work. A resolution was adopted
calling for tno appointment of a coin-
mitteo of five to formula to and present
to the next legislature n petition asking an
appropriation to bo used for the support of
indigent volunteer firemen , and it was ao-
ciaod to assess each member of the associa
tion 2o cents , thus creating a fund to be used
iu paying expenses of presenting the trailer
to the legislature. The committee appointed
is : John Wilson , Kearney ; J. L. Miller , lied
Cloud ; D. U. Zink , Grand Island ; J. C. Clel-
und , Fremont , and L. W. Haugo , Mindon. This
afternoon department reports were beard
from the several cltios and towns' repro-
sentcd. A report of the treasurer showed
$112.CS on hand. The newly elected officers
of the organization "are : President , O. H.
Tracy of Grand Island ; flrst vicp president ,
Ira Johnson , Kearnov ; second vlcb president ,
J. H. Bennett , McCook ; secretary , M. J.
Saunders , York ; treasurer , D. W. Carre ,
Beatrice ; board of control , W. F. Pickering ,
Kearney : W. D. Fisher. York ; J. II. Townsend -
end , David City ; J. S. Walker , Beatrice ; F.
A. Hagel , Columbus ; W. H. Hamilton , Lex-
iugtou ; W. H. Teele , Fremont.
Norfolk was selected as the place for
holding Iho next convention. The place for
holding the annual tournament was left
with the board of control. A banquet at
the Paddock hotel tonight , where 200 plates
were laid , fittingly closed one of the most
successful and largely attended conventions
over held by the association.
Cast County's Cash and the linn UK.
PLATTSMOUTH , Jan. IS. [ Special to THE
BKK.I Judge Chapman has decided that ho
cannot interfere in tbo county funds muddle
so far as to grant an injunction restraining
County Treasurer Eickhoff from drawing on
the First National bank of Greenwood for
the funds which it holds as depository for
the county cash. The judge also holds that
the Greenwood bank had a'falr opportunity
to bid , and in fact did bid ; that in reality
the second bid tiled by ibo Greenwood banlc
offering 0 per cent for a part of the funds
was not as good as the bid given by the
Louisville bank of 455 per cent on all the
funds ; and last of all , that the contract en
tered into between the county treasurer and
the Bank of Commerce of Louisville , where
by the latter was made the depository for
the funds , must stand. An appeal will betaken
taken to thu supreme court.
The document on file Is as follows : "First
National BanK of Greenwood vs. County of
Cass , C. C. Eickhoff , County Treasurer , and
Bank of Commerce of Louisville. The tem
porary restraining order in this case is sot
asldo and a motion for an injunction is de
nied. "
_
Oiueola'a New Church.
OscnoLi , Nob. , Jan. 18. ( Special to Tnn
Br.E.j Tbo now Methodist Episcopal church
of this village is nearly completed. It is
thought that It will bo ready to dedicate
next month. The pastor expocti to secure
Bishop Warren of Denver to dodlcato the
church.
The Presbyterian church has been bavins :
special meetings for the past two weeks
with much success. This week the church
has Her. Dr. Ware of Omaha to astist in the
meetings.
ut llraluard.
BuiiNi.ui ) , Neb , , Jan. 18. [ Speclal Tele
gram to Tnn BEE. ] Tonight -while Agent
Whitham was at supper burglars broke into
the Union Paciflo oepot and robbed the
money drawer of its contents. The agent
thinks about tlO was nil that was on hand.
Westloy's barber "hop wue also robbed of
some barber's tools. Three tramps were
aeon around town today and one is now under
arrest.
_ _ _ _ _ _ _ _
1'oor Collection ! Old It.
McCoot , JUNCTION , Neb. ( Jan. 18. [ Special
to TUB BSE. J George Hopkins , the loading
clothing merchant of York , was compelled
to glvo chattel mortgage" on big stocks of
clothing at York , O'Neill and Alliance.
Poor collection * caused the trouble. Ills
indobtodneis U about $30,000sieti ; not yet
known. .
MEANS LI\EL\ \ \ COMPETITION
Location of the State Fair Will Go to the
Highest Bidder ,
IT WILL BE PERMANENT IN THE FUTURE
Lincoln nxprcti to hecure the Prlip , bat
Other Nebraska UltlcK Will Mnke
an KQort to Ulinnco the
Affair ,
X , Jan. 13. [ Special to THE BEE. ]
According to thg plans which are belns
evolved by the leading spirits of the State
Fair association , the city that obtains the
permanent location of the state fair will
have to bid high for It. The association has
become ambitious and aspires to n perma
nent location with permanent buildings and
well planned grounds. The ofllcluls propose ,
during the coming year , to employ com
petent architects to prepare plans for a
group of buildings , to Ipcludo an agricul
tural halt , a machinery hall and a building
for the accommodation of the Nebraska
Manufacturers and Consumers association.
A power house will also be added to the
plans with a permanently Installed steam
plant , Thou the board will entertain no bid
which aocs not include an acrcorncnt to con
struct a miln track. It is proposed that the
buildings shall be boln ornamental and
permanent , and that they shall bo con
structed of brick and glass , and bo partic
ularly adapted to the purposes lor which
they are designed.
Lincoln will , of course , be a formidable
competitor for the permanent location of the
fair. Five years ago Hastings stood next to
Lincoln and was a strong bidder. It Is believed -
lioved that Hastings will again enter the
lists. Grand Island may asit for tno fair ,
and perhaps Omaha.
Lincoln Already at Work.
Several projects are already being dis
cussed in Lincoln. Ono of them include ! ) a
proposition from an association which pro
poses to use the present grounds , which are
convenient of access and well adapted to
the purpose. The Burlington beach people
are also considering a proposition. Another
factor in the competition will bo the man
agement of Lincoln park. This park in most
respects is admirably adapted for state
fair purposes. It has plenty of room
for buildings , race tracks , etc. .
and the landscape features would
greatly enhance the beauty of the
location. The difficulty with the proposed
location at Lincoln park is tno present lack
of transportation facilities , It is something
over a mile from the city and is reached nt
present only by a double tracK electric rail
way. The railroad tracks from several
roiids running into Lincoln could-easily be
extended to the park , however , and perhaps
this difficulty could thus bo obviated.
In this connection It is remembered that
Lincoln has never yet carried out the full
terms of the apieemcut madoatthe time
the fair was located here for a term of live
years. According to that agreement the fair
association was to have s .OOO per year for
imiTovoments on the grounds. This money
has never been asked for by the State
Board of Agriculture for the reason that it
has not boon needed. This year , however ,
the board needs thu money and the Lincoln
people will bo asked to provide the 453,000
duo on the agreement for this year. The
board has never asked for the money for
the reason that it is well known that it
would have to bo paid by two or three indi
vidual members of the local association.
Dr. J' . N. Gllnon InJuroU.
A serious , and perhaps fatal , accident oc
curred in the Burr block at 11 o'clock today
that may load to the permanent disability of
Dr. F. N. Gibson , one of the prominent
physicians of Lincoln. Dr. Gibson was on
the elevator with quite a number of other
gentlemen. The car was in charge of a
young son of Hon , S. J. Alexander , who had
been given charge during the temporary ab
sence of the regular elevator boy. A number
of the passengers , including the doctor ,
wished to got off at the third floor. The
elevator was stopped about u foot from the
level of the floor und one or two got off. Dr.
Gibson started to step out and at that in
stant the elevator boy touched the lever , in
tending to bring the cage up to a level of tbo
floor. The elevator went down suddenly
instead of-up , and the top of the CHCO caught
the doctor ou the shoulder. Before ne could
extricate himself tno entire weight of the
heavy cage was pressing upon him and it
did not stop until his body was bent nearly
double. Ho then fell out on the floor in an
unconscious condition.
Medical aid was summoned at once and
the injured man taken into an adjoining
office. Three or four physicians who came
to his assistance pronounced his injuries of a
serious nature. He was afterwards removed
to his home on G street. He suffered severe
injuries to the spine , and it is feared that
there are also internal injuries. Tonight the
Dhysiciaus in attendance expressed a more
hopeful view of the case and they believe
that the doctor will eventually recover.
Taxes Coining in Slowly.
Up to today twenty-nino treasurers have
visited the state house for tno purpose of
making their annual settlements with the
state. Comparing the receipts with those
for recent years the auditor Is of the opinion
that there is a falling off this year of about
15 per cent over last year. The following
table shows the amount of general fund
taxes turned over to the state treasurer so
far during thu present month :
Adams $2,845.03
Antelope 2.BBB.20
Ittiiinur 340.B3
lloono 2,701.95
Itoyd D1H.97
Hurt 1.012.10
Ouilur . ' 1.2H7.1H
Cherry 3,441.13 | I
Uhoyuunu , 1,000.01
Cumlng 1.023.75
Dciiol.T 1,709.22
Dodiio 4,331.93
Krauklln C'JH.06
Uosper 1,208.07
Hamilton 0,000.33
Huyu * 71H.40
Hitchcock 1,389.45
Holt 4.DG9.93
Jefferson 2,006.82
Johnson 1.439.72
Kultll 3,871.79
Klinlmll 133.01
Hud Willow 1.B99.79
Itlchardsoh 079.85
Scotts HluQn 003.09
bhormuu. 973.32
Stiuitou 2,000.35
Tliuyor 2,497.35
Thomas - OS.45
Syracuse U. A , 1C. celebration.
STKACUSE , Nob. , Jan. 13. [ Special to THE
BEU. ] The Grand Army of the Republic and
Sons of Veterans held a joint installation at
the opera house hero last night , Church
Howe of Auburn acted as installing officer
for the Grand Army of the Kopublic and
Judge Huywood of Nebraska City flllod a
like office for the Sons of Veterans. After
the ceremonies a banquet was spread.
Musio was turnlshod by the Syracuse cornet
band. Addresses were made by Comrades
Howe and Hay wood To say that thine in-
ti ted had n good tlmo would bo tnaans it
liglitiy Sam J Oarpentoe wilt hereafter
wiolj the gavel in the Sons of Veterans nnd
James Holt for the Grant ! Arity of the Re
public. _
Will Tent the Onllnnnre.
NBmiASKA Crrr , Jan. 1& > [ Special lo Tun
DEB.I Suit was Instituted by the city
yesterday against G. W < , King and B. W.
Burke to recover J321. The defendants came
hero a few weeks agp from Lincoln nnd
opened a dry goods stor % Among the city's
ordinances Is one levying a license of $20 per
day upon all transient donlois , one-half of
this sum to bo refunded In CAse the merchant
remains In the city for a period of six
months. The city clatou-tho defendants
come under the head of "transient tner-
chants"hcnco the suit. ,
In Otoo county 200 marriage licenses were
eranted last year. During the pan four
veurs 813 marriage licenses have been Issued
in the county , as follows : IS'JO , M ) ; 1S91 ,
SllilS'J803s 18(13 ( , 200.
These national bank officers were elected
In this city yesterday : Merchants National
W. A. Cotton , president ; William Blschof ,
vito president ; II. N. Showell , cashier ; H.
W. Honievpr , assistant cashier.
Nebraska City National \V. U Wilson ,
president ; Robert Lorton , vice president ; II.
D. Wilson , cashier ; directors , Robert Payne ,
Robert Lorton , David Brown , W. L. Wilson.
H. D. Wilson.
The stockholders of the Nebraska City
Driving Park association held a mcetlnc
last evening and perfected arrangements
whereby the association will bo put upon a
more solid footing.
A telegram from Graft , Neb. , received
yesterdav , announced the death of Mr.
Brandt , father of the editor of the Staats-
Zcitung of this city.
The grand Jury was drawn by the clerk ol
the district court yesterday.
llroucht Illch 1'rlrm
FncMONT , Jan. 18. [ Special to THE BEE. ]
The sale of Mrs. Edward's Poland Chinas
yesterday was ouo of the most successful in
the history of the state , or oven of the west.
Sixty-two head were sold and the average
was the almost unprecedented sum of $82.59.
One boar brought SIUKi and went to Bloom
ing dale , S. D. , and ono sow $27.1 , to Reserve ,
Kan. The sixty-two sold brought jr > 77.
The mask ball given by the turners last
night was-a grand success.
A. R Bower , the normal studrnt who was
arrested for forgery , came into court this
morning and pleaded guiltv to soiling
forired paper. His sentence was reserved
for next week , which will bo criminal week
in court.
About five years neoA. P. Barns forsooit
his wife and ran away with the Uaucnter of
A. A. Enos of Nortu Bend. He was brought
back to the county and Jailed for disposing
of mortgaged property. But after he was
liberated ho again took np with his wife and
they had been living together at Elmwood ,
apparently harmtmiously , until today , when
he again deserted her.
TnlU Ciintr.idlctorv Mor le * .
NEBRASKA CITV , Jan , IS. [ Special Tele
gram to TUB Ben. ] In the case of Hartwell
Baker , the boy who was shot on tne Bur
lington bridge last uieht , it developed today
that there was a third party present when
the shooting occurred. Last night , Night
Watchman Duan , in whoso shanty the boy
was killed , said Baker placed the revolver
to his tcmnlo and pulled the trigger three
times before the weapon exploded. Today
he says Mrs. A. Wier was present
at the time of the shooting , having
come to invite him to dinner , and Baker was
flourishing the re vol vcr'to frighten her , when
it exploded and killed ( hfm The revolver
belongs to A. Wier. Tbe ' shanty where the
shooting occurred is at'the cast end of the
bridge , in Iowa. The coroner of Fremont
county. Iowa , arrived in the city this after
noon , but declined to hold an inquest. It is
believed the shooting was accidental , but in
vievv of Dugan's contradictory statements ,
tbo inquest might navehelped to clear the
matter up. ,
liullilo County It.inkciv ) Organize.
; KEAUXBV. Neb. , Jam-18. [ Special Tele
gram to TIIE BEE. ] The , bankers of Buffalo
county organized this eveing with the fol
lowing officers : President , James H. Davis ,
president of the First Vatlanal bank of Gib
bon ; flrst vice uresfdcht ; George Molsner-
presidoat of the First Natiotal bank of Shelton -
ton ; second vice president , W. A. Downing ,
Kearney National bank of Kearney ; secre
tary , Albert Gamble , cashier Buffalo County
National of Kearney ; treasurer , Frank
Brown , cashier First Notional bank of Mil
ler. Nearly every bank In the county is
represented. After the organization the
Kearney bankers tendered the visitors an
olocant banquet in the rooms of the Buffalo
club.
Smitll Hebron Failure.
Hnnuo.v , Neb. , Jan. 18. [ Special to THE
Bcn.j The Racket store , conducted by M.
E. Haynee , was closed under a chattel mort
gage given to Roper Bros. Assets , 8200 ;
liabilities , $800.
Four years ago Patrick Clifford broughc
from Ireland Odclia Welsh , a girl of ID sum
mers , as a companion for his wife. On Mon
day , when ho was informed that Odelia
was about to bo married , he exhibited a six-
shooter and made known his displcasurn.
The girl was driven from Clifford's ) roof
yesterday in her night robe. This morning
she was married to Hormisdas Somoisetti ,
but without Patrick's consent.
I'm ! I try Aftfiociittloii Klectn Ofllcorg.
KEAUNET , Neb. , Jan. 18. [ Special Telegram -
gram to TIIE BEE. ] At the meeting of the
State Poultry association held this evening
the following officers wc-ro elected : Prosf-
dent , C. M. Lowelling , Western ; vice presi
dent , George W. Osterhoat , David City ;
secretary , Albert Lemeu , Lincoln ; treasurer ,
William A. Armstrong , Greenwood ; di
rectors , A. S. Potter , Kearney ; E. E. Greer ,
Beatrk-e ; L. P. Luddcii , Lincoln ; E. E.
Blowers , Edgar , and E. \Vorden , Auburn.
The session closes tomorrow night with a
banquet at the home of Mr. and Mrs. H. H.
Stoddard.
_
Onrenla Tciijiln Pli'imccl ,
OSCEOLA , Nob. , Jan. IS ) . [ Special to Tuc
Bci.J Rev. Dr. G. W. Isham delivered a
leoluro last night under the auspices of the
Epworth league ou "India , Burraali nnd
Coylon. " It was one of tbo best lectures
ever delivered In this village. The church
was crowded.
_
Mnnll lientrioe lllttzn.
BEATIUCE , Jan. 18. [ Special Telegram to
THE BEE. ] A flre alarm was turned in at 0
o'clock this evenincr , a liliuo having been dis
covered issuing from the top of u small
house occupied by Mart Evans in West
Beatrice. No damage was done.
Pelt the Miock.
JUNIATA , Neb. , Jan. IS.Special [ to TIIE
BEE. ] A heavy earthquake shock was
plainly lelt hero about tfalf'past 2 yesterday
afternoon. It seemed to'-como from tno
west. No damage wa 'tlohe.
Sweet breath , sweet ktoi iacn , sweet tem
per ? Then use DoWitt'sLfttlo Early Risers.
thti'women who
Q. wash , arid'the things
, Jr 16CGS that are-washed , in
the old-fashioned way. That constant rub , rub ,
rub , over the washboard does fhe business.
Hard rubbing is hard work. I ard rubbing
wears out the clothes ; hard worki wears out
the women.
There's nothing of the kind ,
you'll let Pearline do the
washing. All you'll have to do ,
then , is to look after it. It'll
save all this work and rubbing
that does so much harm. But ,
because Pearline makes washing easy , you
needn't be afraid that it isn't safe. That idea is
worn out. Just as your clothes will be , unless
you use Pearline.
Feddlen and tome unscrupulous grocers will tell you.
"this U as good as" or "the same as Pearline. " IT'S
FALSE Pculiao is never peddled , if your RTOCCI sends
you an imitation , be honest imJ it eat * . ess JAMES 1'VLE , New York.
J
PROCEEDINGS OF THE WORLD'S COLUMBIAN
Parliament of Religions
And Religious Congresses.
OF OVE
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The Work Embodies
MOST REV. DIONYSIOS LATAS ,
Archbishop of Zante , Greece.
Origin of the Parliament of Religions.
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addersses , papers , and speeches during the entire denominational sessions , both day and
evening.
Opinions of Eminent Divines in regard to the Parliament.
Influence of the Parliament upon the Religious Thought of the World.
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certify to the accuracy , completeness and authenticity of the work. JOHN W. POSTGATE.
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once E. Younir C. C , Bonncv. Jtinnneso Group ; Barlow N. Hitrginbothum , President World s Columbian Lxposition ; Dr.
Carl von BerKon of Stockholm. ' Sweden. Very Ruv. Aupustlno F. Hewitt , C. S. P. , Now York ; Most Kov. Dlonysios L-itan ,
Archbishop of Zanto , Greece ; Rabbi K. Kohlor , New York ; ZonshiroNoguchl , Japanese Buddhist ; Kinza Rln oo M. Hiram
Japanese Buddhist ; Cardinal Gibbons ; Eminent Serenth-Day Baptists ; IL Dharmapila , Ceylon ; Mohammed Alexander ,
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some of rs and Contriktors
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cal Mission Covenant ,
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BIOGRAPHIES , ARTICLES , AND OPINIONS A Limitless Swoop of Thought ( Madeline Vlnton Dahlgron ) , Dr.
John Honrv Barrows , Charles Carroll Bonnoy , Building a Great Religion ( Prof. David Swing ) , Very Rov. Dlonyslos Latabt
Opinions Song of Prophecy ( John W. Hutchlnson ) , The WIse Men of the East iMary Atwater Nooly ) .
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