TILE OMAHA DAILY JJJUJiT : .TIOJRSDAY , MAY 9 , 1895.
INCOME TAX HEARING ENDS
Opinion. Expected to Bo Handed Down on
the Twentieth
CHOATE MADE THE FIN/L ARGUMENT
Buprcmn Juntlcdi Atk Nilinrroim Q
Jmtlro Jaokaoo n 1'nrtltulnry Cluso
Llaloncr llm llorno tin
Htruln 'ttoll.
WASHINGTON , May 8. Tlio rehearing of
the Income tax case In tlio supreme court
of tlio United States was concluded at 2
o'clock today and the nine Justices took the
question of Hi ? act's constitutionality In
vholo or any part under consideration. On
the 20th of this month th ? court will meet.
probably for tlio lait time this term , to ren-
Uer Its decisions In pending cabes. and It Is
expected Ita conclusions on tlio Income lax
case will bo announced at that time.
Mr Joieph II. Choate of New York flnt
tailed HIP closing argument. , which he began
ycatenlay , tpeaklng until 2 o'clock and rec
celvlng the closest attention from the Jus-
tlcos and a crowd of spectators. It has been
K nerally remarked that Interest In the heart
Ins had been much lesi Intense that at the
flrsl argument. Justlc ; Jackson was one ot
the most nltentlvo of the nlno men on the
bench throughout , the hearing and s'enis to
have borne the strain \\ell , considering the
condition of hit health.
Attorney Shellabirgnr of the firm of Sliella-
barger & Wilson , which reprc'entetl the ap
pellant In the Moore case , asknd leave to de-
llvr a brief oral argument In that case be
fore Mr. Choate's ploj. asserting that Mr
Moore's attorney had not made any oral pre
sentation of his cas ; before a full bench and
thought ( hey were entitled to that privilege
The rcqusst , howcvor , wa < ! refused. It ap
parently came as somewhat of a surprise to
the court , und a brief consultation was held
by the chlff justice with his associates , after
which he told Mr. Shelhbarger that It would
be quite Impossible for the court to grant the
request. Ho added that the present hearing
was being conducted upon .1 special order and
said It could not l > s Interfered with by divert
ing att.ntlon to any other matter. He sUtcd
that IMV had already been given to ( lie
brlefH In the Moore case ; that these would be
considered , but that no oral argument could
be heard
Mr Choato then began the second In tall-
mnnl of his argument with a brief r ply to
rome of the suggestions of the attorney gen
eral
Mr Choate first took up for examination
the argument of the attorney general that If
the decision In regard to rentals was to
stand there should be a limit to the time
the exemption should run. The attorney gen
eral had pleaded that with .such a ruling
In force It might be Impossible to ever tax
the proceeds derhod frcrn rents , howver
they might be Invested. Mr Cho-ite said
In reply tint It was sufllclent tint the law-
left no question open The provision was for
taxing renti at the moment of their receipt.
and he for one should not be so foolhardy as
to claim tint when the rent money should be
Invested It should not be subjected to the
original ruling of the court In this case
Mr. Choate contended that of the vast sum
expended In the civil war a very small pro
portion had been derived from the Income
tax which was In operation at that time
KNEW WKliIj WHAT THBY WANTED
Taking up the threid of his afflnmtlvo ar-
Kumcnt , Mr. Choite declared the question of
taxation had been one of the most prom
inent In the ml mis of the trainers of the con
stitution The members of that body were
the representatives of men who knew all
about the question , for they had studied It
here as their ancestors had In Kngland under
the I'lantagenets , the Stuarts and the Tu-
dora
Mr Choate Ihfn proceeded on the basis
that the court had decided that lands were
to bo free from direct taxes and that there
was to be no difference for tax purposes be-
Iwen the body of the land nnd Its proceeds
He then entered upon the discussion of the
undecided questions , contending ther ? were
the same reasons for exempting all Incores
that existed for exempting bonds and reil
estate
Justice Marian asked Mr. Choale If he
meant by a general tax on personal propertj
n tax on all personal property of over }
kind
"Not nil , " Mr. Choite replied , "because
I admit the right of exemption. "
Justlc Hnrlan Does a tax law that
reaches only a part cf personal property
come under that heading ?
Mr Choato In New York there Is a vast
body of citizens exempt Inmates of tenement
houses , nearly one-half of the population
yet I call that a general assessment not ex
cepting the exemption. It Is a tax that can
not bo shifted and a tax that cannot be
avoided Hut the question whether a tax on
re-al eitate can be shifted I will leave to
political economists , with whom I have no
relations and hope never to 1m e a relation.
Mr Choato looked at the attorney general
when he spoke of political economists and
there was laughter , a rare demonstration
In the supreme court.
Justice Harlan asked If the counsel
would cill a tax on the Income of
bonds a direct tax that would have to be
apportioned , and upon receiving an affirma
tive answer asked It the same were true of
a tax on banking.
CAN TAX A HUSINESS.
Mr. Choate answered' "Tint Is a business
and thlt court baa over and over again de
cided that congress cm tax a business. "
In discussing the principle ot stare de-
clsls , which he deflmd as the rule of standIng -
Ing by a former decision , whether right or
wrong , he said he was constrained to be
lieve two of the jubilees had only consented
to the former decision In deference to lhat
principle.
"Your honors arc sworn to obey the consti
tution as the primal law. Every act of con
gress stands In the light of It or must fall
Must not every decision of this court that
la found to bo In conflict with the constitu
tion by tlio light ot the latest evidence and
the most complete Information also stand or
fall ? "
Then Mr Choato continued "Regarding
Iho statement that former Income taxes wit )
Iiave to be paid back If the. court reverses
the Springer rule. I submit that with such
consequences as that your honors- have noth
ing to do. That Is not an argument addressed
to a question of law or justice. A moral ar
gument. the attorney general calls It. I call
It an Immoral one. The 1 lea of tlio attorney
general standing up here for the nation and
asking that because the Kovarnment IMS col
lected such money lllerilly In the past It
must go on collecting money Illegally. "
Mr Choato next considered the exemptions
made In the Income tax l\v , nnd la loin ? so
made cipeclal reference to the mutual In-
eurancc compinlea , In going to show the mag
nitude of the operations of those companies
lie could , he said , mention ono such campiny
whoso accumulated properly amounted to
J201.000.000. An exemption such as this was
beyond the bounds of reason
PROTECTING A MONEYED MONSTER.
"Do you know , " he exclaimed , "what this
concern Is that Is ghen the vast advantage
Implied In this exemption ? It goes under
the. reputable name ot a moneyed corporation
It Is a moneyed monster It lives upon money
It EnallouH money ; It dlsesu money ; It
breeds money. It lays golden eggs by the
bucketful every day. and then weaves gollen
cells about them to warm and vivify them
It has as many arms as there are states In
the union , and which It Is constantly put
ting out In all directions for the purpose of
raking In with. Nor are Us operations con
fined to the bounds of this country alono. It
extends to Kngland and to the European
countries and Is always raking In money. "
"Having obtained so mucli money , " he
eald. "the company relnvctted It by forming
trust companies , organltlng banks , building
. and reorganising railroads and floating government
'
VJHW. ernment loans. Not only tlilt , but It con
F * trolled congress and directed legislation , as
had been confessed by the attorney gen
eral. "
Referring to the exemptions of Incomes of
leu than $4,000 he said that the provision of
Iho law would exclude the vast majority of
the Incomes ot the whole country. It would
xtinpt nlnety-nlne-ono-hundrodths of the
tradesmen of the country and a majority of
th professional men. It wu an arbitrary
titow aimed at corporations. In hitting which
Lho ( rameri of the Inw well knew they word
striking at the main source of Income of
thousands ot widows ami orphans , whose In
comes , Individually small , were derived from
corporate Investments.
With this Mr. Choate closed that part ot
his discourse directed to the question of
lack of uniformity and took up the last ques
tion under consideration , viz : Whether the
entire law was rendered Invalid by the de
cision declaring parts of It to be so. "Does
It follow , " he asked , "that because the law
has been left mutilated It should remain
burled ? " and he answered It did. "The In
strument has been left too long unlntcrred.
In Its present condition It shocks the sensi
bilities. " Ho said the rule was when parts of
a law upon which other parts or lhuvholo
of It were dependent were declared Invalid ,
the dependent parts must also share the same
fate , and contended that by the former de
cision of the court the Income tax law had
been robbed of Its body and substance. Mr.
Choate stopped abruptly at 2 o'clock , and the
court announced an Immediate adjournment
until 12 o'clock Monday , May 20.
i.ivi.Nc. tn > 10 TUI : COM it ACT.
MurRnn-llelmonl lymtlrnto Doing us It
rroml < r < l tlio CJeivornniont ,
WASHINGTON. May 8. Today closed the
Ihlnl month under lhe bond contract with
the Jtorgan-nelmont syndicate of New York ,
anil up lo this time all of Ihc terms of lhe
contract have been complied with to the sat
isfaction 1 of the treasury officials. On
February 8 last , Iho dale of lhe contract ,
Iho t gold reserve In the treasury amounted
to $12,783,000. It has since been Increased
to | 92B31u"9 , the amount reported today ,
making thi * net gain for the three months
$19,808,519. Yesterdiy lhe syndlcale depos
ited In Iho New York subtieasury about $910-
000 , which complclos lls obllgallons lo dale ,
but does not so far as can be learned leave
any surplus to their credit. Th$12,000,000 In
domestic gold permitted lo bo deposiled un
der the contract has long slwe been turned
In , but whether nil of the $10500.000 of
foreign gold required lo dale by lhe terms of
the contract has aclually bosn Imported can
not bo learned hero. II Is bcllevrd , though ,
thai It has not b en Imported H Is as
sumed that the syndloale will bo deemed lo
have compiled with lls contract If It Is found
nt the close of Iho deal Oclober 1 next to have
on deposit Hie $32,000.000 In foreign gold. In
dependent of the facl that they may have
used domestic gold from time to tlmo and
not 1m o made the adjustment requiring half
of tlio gold to be domestic and half foreign
until the lust moment.
The treasury officials say that they have no
Information as \\liPtlicr the syndicate Is
buying gold In lhe vest or nol , but they are
unable to see how the s > ndicate could meet
Its contract obligations without buying gold
hcnever and wherever It could Not the
; ast Important feature of Its contract wllh
lie government Is lls agreement to prolecl
ho treasury , so far as It Is able , from
old withdrawals for export , and at this
line and with slcillng exchange al Us pres-
nt high rnto this Is no light obligation and
t Is more than probable that the syndicate
as been compelled to make heavy purchases
f gold In the west , poss bly at n slight pre-
ilum , In order to co\er Its forlgn bills ,
hat largo purchases are making Is ovl-
enccd by the fact thai one or more of lhe
-irgc- refineries which heretofore have sold
heir product at the Denver assay offlco
eased making their deliveiies Ihere some
ecl < s ago , and lhe assumpt'on ' Is that It Is
sing sold In New York at figures slightly
11 advance of the price paid al the Denver
ilnt. Thus far the officials are entirely
atlsflcd , they say. with the manner in which
he syndicate Is carrying oul Its contract ,
ifltli as lo lls deposits and Its control of the
narkct so as to protect the treasury gold
rom export.
II-UUIM : : ox TIII : cm.MI : OF I.IBKL ,
Ictottn a Tariton to William Clmso and
I'ntltlon.
I inlor-loJi thn
WASHINGTON , May 8. The president to-
ay denied the petition for pardon of William
! hase , who was recently convicted of publlsh-
ng a libel against C. H. J. Taylor , recorder
jf deeds of the Dlslrlct of Columbia. Dolh
Jhaso anJ Taylor arc colored , and Iho con-
Icllon and sentence of Chase to ninety clays'
mprlscnment In the Unlled States Jail was
he outcome of a bluer factional contro-
ersy which was started here on the ap-
lolntment of Tavlor , a nonresident , nearly
wo years ago. The presldenl endorsed on
ho petition Iho following : "II Is conceded
.hat IhU convict maliciously punished an
oulragpous libel In a newspaper which ho
controlled and used In Ihls instance at least
as a dirty weapon to satisfy his personal
rage and revenge. ThU crime Is a most
letostablo ono. It has become so common
and eo seldom punished that I cannot recon
cile executive clemency In the case mentioned
to the duty I owe to decent Journalism , the
teico of society and the protection of those
cnnstaiUly subjected to llbelous attacks. "
The president has alco denied the petition
'or lhe pardon of William D Fuller , alias
3. S. MeJbury , convicted of counlerfelllng.
Spnlii HUH Miiiln No I omphilnt ,
WASHINGTON. May 8. The Spanish min
ister has made no protests or olher repre-
Hentntlons to lhe authorities here concern-
UK the detention of Hie Spanish cruiser
Infanta Isabella In Florida waters It Is
understood lhal Senor de Iconic will nvold
these minor sources of Irritation as far as
; > osslbi ! > , trusllng to the United Stales nu-
thoiltlea to use every means available to
atTord sullnbU" prolei tlon lo Spain In this
respect the conduct ot affairs by lhe new
legation promises to be different from the
one ] irectdlng It , which viewed with sus-
ilvlon the activities of the United States
, n affording Spiln suitable protection.
Itrprrsuntullvu Hilt Slmrly ( Inliiliig.
WASHINGTON , May 8. nepresonlallvo
illtt's condition Is moro encouraging. He Is
a lilllo boiler Ihls morning and appears lo bo
alnlng slowly.
Hear Admiral Almy , retired , was very low
lasl night , but It was reported that ho was
holding his own this morning. General
Pleasanton and Representative Cogswell are
reported better.
bnrrotnry ( iroitiium Improving.
WASHINGTON , May 8. Secretary
Orcsham continues to Improve sllgntly. Ho
lakes food In sufficient quantities and secures
considerable resl.
Vote nun ot tha Iluliolllon Itoinomhorcd hy
thn ( Iviinrwl ( Invernmoiit.
WASHINGTON , May -Speclal.-Pcn- ( ) -
slons granled , Issue of April 21 , 1893.
Nebraska. Original James II. Carr ,
Omnhn. Douglas. Reissue Joslah A. Math
ers , Mlnden , Kearney.
Iowa : Original-Frank Plicek. Mnrslmll-
lown. Marshall. Albert Hlldreth , Charles
t'lty. Floyd ; William N. llrunson. Goose
teivilli ? , Appunoose. Thomas W. Jones. Hip-
lev. Gretiiu , William Doly , Muquokela ,
Jackson.
Soulh Dakola : Original Joseph Henry
PeepT , Wnlcrlown. CodliiKton , Joel U. Wil
liams , nllas Joel Draper , llryant. Hatnlln
Colorado Orlglnal-Alfied Rollings , Ned-
crland. Moulder
Issue of April 25-
Nebraska Orlglnal-Adelbert J Wilwn.
Lltihtleld. ShPrin.ui ; John II. Irlon. Du
Hols , I'awnee. Thomas F Howard. Lindsay.
Plattc , Jesse D Merry , Pavvneo City. Paw
nee Additional William G Hush/a , Har
vard , flay. Renewal and incrcas Pran ls
M Roger * , Coznd , Daw son Reissue I. nuc
J West , David City. Duller. Kll S Rleker.
C'hndron , Daw s ; James T llsaih , Lincoln ,
Uincnsler ; Samuel II Palmer , Rulo. Rich
ardsonAlonzo Cunningham. Imperial Chase ,
John JI Osborn , Pawnee t'lly. Pavvne ? , Ly-
muu F. Thornton , Orleans , Harlan. Orig
inal widows , etc. Ilacbel M. Kaufman ,
York. York
Iowa- Original James Knight. Okaloosa.
Mahaska ; William H II Marrett , lloone ,
lloone. Increase Lewis Corsen , K'osauqua ,
Van Huren , Thonms Clark , Waukon. Alia-
make * . Marlln Roller. Laka Park , Dickin
son , Joshua I'osey , Keokuk. Lee ; Jamea T.
Wolf Keokuk , LeojJolm II YounK.Chartton.
Lucas. Reissue Patrick II Mentzer. Shcn-
andouh , Pnge ; Jacob H. Mechllmj , DCS
Molnes , Polk ; Charles W. Arkllls , Rool'H
Siding , Butler , William H. Allen. Knoxvlll * .
Marlon ; George W Works , Dubuque. Dubuque -
buque , Wllllnm Miller. Muscatlne. Miuica-
tlne : Mourton I * Ruby , Keokuk , Leo ; Simon
J. Martin Sprlngvllltf. I.lnn , Amos S. H nld.
West t'nlon , Fayetlc ; S imuel J Orr Morn
ing Hun. Ixmlsa UilKi-al widows , etc
Louisa J WaUll * . 7. arlns. Story , Ullzabuh
A Pnuley. Oskatoosa , Maln ka , ( supple
mental ) minors of Francis KoUelj , Sey
mour , Wayne.
South Dakota- Renewal and Increase
Richard Moses. Winifred. Lake.
Colorado : Original widows , etc Margaret
M. Uorbet. Denver , Arapahoe , Ma Refuzio
T. de Aranon. Soprls , Las Animus.
C CLOSE TO PHILIPS' ' SLAYER
Bnrt Oonnty Authorities Slowly ( Hearing
Up tha Mnrdor Mystery.
SOME NEW PHASES OF THE CASE
Fatnl Mint Mny llnvo llcen Fired from the
Interior ot the Mianty nnd In thnt
i\cut : Cnme from the Victim's
Altuged Frlundg.
TEKAMAir. Neb. , May 8. ( Special. )
Who killed Robert I'lillllps and In what
Jurisdiction la the disputed land ? are the
questions now vexing the court and Jury.
The stale has Inlrcduccd evidence lo provo
that James Hlann flrcd the fatal shot ; that
he v\as accompanied on his mission by
Robert Light , and that they were Invslgled
Into ' the deed by a conslderallon or olher-
wlse , and that a gathering ot men were In
secret counsM at Divld Daver's on the
afternoon before the murder.
Testimony on behalf of the state alleges
that Uobert Light and James DIann were
seen to leave the barn of David Deiver and
walk to the shanty v\lrre the killing oc
curred on "No Man's land" and , wore seen
to return to the barn of David Deaver. The
state furthermore Introduced antc-mortem
testimony of Phillips that James Illann shot
him.
him.Tho
The trial of the case assumed a new phase
today , when C. L. Crow , surveyor of Harrison
risen county , low a , took the line's stand
He had Just returned from n third survey of
the disputed lands and gave as his opinion
that It v\as within Ihe Jurisdiction of Iowa ,
nnd was not In IJurt county , Nebraska. He
testified that the place of the killing , where
the shanty stood , was near the middle of
the abandoned bed ot the Mls ourl river ;
that he had previously made two surveys of
the same land , ono In 1S91 and onu In 1S93 ;
thai ho had visited the place of Ihe killing
and made an Inspection of the shanty prior
to Its burning , soon after the murder , and
hail found where three bullets had been cut
from the Interior of the shanty ; lhat Ihe
bullets had entered the walls from within
and that they could not possibly have gained
an entrance through an opening from Ihe
oulsldo so as to find such lodgment. This
Is sensational evidence , coming from the
stale's witness , and gives rise lo the suj-
plclon that the entrenched squatters might
have had trouble and Robert Phillips came
to his death through the hands of his pre
tended friends. Whether there Is reasonable
foundation for such suspicion or not Ihere
has been a great amount of side talk about
gambling at the shanty on the night of the
murder.
murder.MUCH
MUCH ANIMUS IN THE CASH.
Tred Lass , the land Jumper , ono of the
state's most enthusiastic witnesses , has an
old grudge against IJIann and carries a let
ter which was handed to his father by n
mounteJ horseman one night , whom he de
clares was Blann. The letter was shown The
Dee reporUr. It contained a warning thai
unless the senior Lass abstained from sell
ing his grape wine ( an intoxicating beverage )
lo Ihe young men of Ihe neighborhood ho
would be properly dealt with. It likewise
alleg.d the writer had knowledge to Ihe
effect that the senior Lass had escaped fron
Germany to avoid punishment.
The fatal bullet has been Introduced In
evidence and Is a largo Remington repeater
iartrldge bullet. Twenty witnesses have
been examined and Iho stale Is weaving i
nelvvork of circumstantial evldenco aroum
lames Hlann and Robert Light. It has
-aked out that the defense will atlempt lo
prove lhal Ihe secret council at Dover's on
he afternoon before the shooting was a meet
ng or law-abiding citizens for the purpose
of devising wavs and means of capturing
hlevss and stop the sleallng of hogs and
challels lhat Is almost nlghlly going on.
11 was known lhat such an organbatlou
exlsled , and lhat some of the defendants
ivero members. That the meeting on the day
of the bhoollng was a law and order meeting
'hey will try to prove.
The trial Is dragging slowly along , to the
illsgust of the 150 witnesses who are shut
oul from Iho courl room lhal Ihey may hear
none of Ihe tesllmony of each other. The
court room Is packed with spectalors , largely
ladl ° s , eager to hear every word of the tesli
inony.
The flv ? defendanls are an average looking
set of farmers , nnd have always stood high
n this community This Is the fir t cloud
to ever mar their characters to the know
ledge of any one here , but it must be admit
ted that the state has entwined n thread o
circumstantial evidence around James Hlann
and Robert Light. Should the defendants b
released now upon the grounds of no Juris
diction , can they be rearralgned In Iowa upon
tha same charge is a question that has
nrlson , and Judge G111U Is sanguine thai
Ihey cannol.
The trial of this case will prove an ex
pensive ono for Hurt county , owing to the
action of Attorney General Churchill , who
had 100 witnesses subpoenaed to appear on
the first day of the trial But few have as
yet been used , and there Is no probability of
reaching the end Ihls week.
SALT CUKKIC'S OUI.ini ACTION- !
Daring the Olnudlmrst Its Wntcr.4 Flowed
Up Stronm.
ASHLAND. Neb. , May S. ( Special. ) Hon.
T. J. Wllbern , a represenlnllve farmer living
soulhwest of this city , came to town today
and related lo a Dee rcpresenlallve a mosl
remarkable account of the actions ot Sail ' ,
creek last Sunday evening after the cloud
burst and hall storm that occurred that after
noon.
noon.Wllbern
Wllbern lives on Salt creek , about three
miles from the motitli of what Is known as
Robinson creek , which drains Ihe section of \
counlry Hooded by the storm. The rain on
Salt creek above there seems to have been
very light , and that stream was almost nor
mal. However , about & 30 Sunday evening
Wilbern says ho was down In his pasture
and was nearly to the creek , when to his
astonishment he discovered Salt creek to be
nan Ing "up hill , " and he was so surprised
he could not believe his own eyei , because
the rain had been so light that he could
see no cause for the stream enlarging at
all , and a great deal less from down stream
He said he stood nnC watched It for about
thlrly mlnules , when to his grealer surprise
ho saw a log. which had been used for a
footbridge down the stream t\vo miles , come
floating up stream. The creek continued to
rise for over three hours. In which lime It
reached the height of eight feet above Its
normal stale.
It was not until today that the gentleman
was able to fathom the mystery , when It
was explained to him. He said the creek
went down In less than one-half the time
It took to rise
1'eonllnr Accident to u ( hlld.
DEWITT , Neb. . May S ( Special Telegram )
The llllle daughler o' Hcilry Drolhorsl , liv
ing three miles cast of Ihls city , was probably
fatally burned Ihls morning. Urolhorst was
burning straw In the barnyard and had a
wagon loaded with corn stalka stanJIng near ,
with a team hitched to the wagon The little
girl climbed upon the wagon and Just at that
time the wind whipped the flames Into the
load , setting It on lire This frightened the
team , which was not tied , and It ran aboul
a half mile with the load of burning stocK g ;
and with the little girl In the midst of the
flames. A neighbor succeeded In stopping tin
team and extricating Ihe sulfercr. The sklr
Is all burned from Ihe backs of Ihe hands an ,
the face ana throat are nearly as badl )
burned. The feet andUmba were uninjured.
Defeated tlln ituluuii II nment.
SIIKLUY. Neb . May 8. ( Special ) The
village board held a lively meeting last
night. Tha town hall was crowded with In 1-
terested spectators. The meeting bud beei ;
called to hear the arguments relative t ? Mu
remonstrance which was present * ! thn nigh
before forbidding the granting nf two salooi
licenses The remonstrance was giulalne <
on the ground that notices of fling tl e pa
tlllons had not been pubtla'aod n < cor ling ale
law The board .iljourn'd until Ma > 23 !
whan the license question will again 3.be
brought up ,
Donlh of an Acdork t Illicit ,
YORK. Neb , May 8 (5plal ) John Hy
land , an old reildent ot York , died In ill
city yesterday at Ihe Uoaie of lib ir.
Mrs , D , Wcllman. He was 84 years ot ago.
*
The funeral of A.PV7ohnson , who dle.l at
his homo In North ( fork1 Monday , took p'aco
yesterday. The serjlqes were held In the
Svfdlsh church.
The funeral of Allr 73. Monroe , who died
at the residence of brtl daughter. Mrs. J. D.
White , yesterday , ocoJrjed tudav. The * uv-
Ices were held at the res'd ' > nc < ! if .1 D. White ,
Rev. U. T. Kellman'Ululating. (
CONOIUUJ.VT1ONAI , MIMSIIUIS MKET
Astocl.tltou of the Onulm District In Ses
sion nt hirllmor ,
SCRIHNER , Neb. , M y S. ( Special. ) The
Congregational churches of this district met
In twenty-third annual session yesterday.
This association comprises the churches of
Omaha anJ Immediate vicinity and reaching
north to lllalr , west to rrcmont , northwest
to Wlsnor , soulh to Springfield and south
west to Wahoo. Rev. S. Pearson of West
Point was elected moderator and Rev. II. P.
Hlncs of Wlsn.- staled clerk. A very In-
leresllng program 'iad ' been previously pre
pared by the commu'oo on arrangements
It was with sad hearts il-it the association
members one year ago bid U'IPU ' to Dr. A
R. Thaln , who had endeared him.1' to the
enllre assoclallon , nnd now they h..vo to
suffer Ihe loss of Dr Duryea , who was not
only pastor of the Tlrst church , but of the
entire association. He never missed n meet
ing of the association , und alwavs gave his
best to the Intcresl of the work The an
nual sermon was preached by Rev. William
II. Buss , pastor of the Fremont Congrega
tional church.
The Omaha churches arc well represented
Mrs. Stlgers of Iho St Mary's Avenue
church of Omaha represented the
Nebraska union of the Woman's
Homo Missionary society. Mrs. Howlus of
Scrlbner read a hliily ; ! entertaining paper
on "Ministers' Wives. " Rev Mr Mines of
Wlsner talked on the "Asiatic War. " The
master address of the meeting was by Pres
ident Ellis , D.I ) . , of Gates college , Nellgh.
Neb , on "Brotherhood "
BT.V1U I1OAUD OF I'UVUMACY .HERTS
In Hpguliir Snsslou nt Lincoln Mnotoon
Cnndlilati" I x imlnril.
LINCOLN. May 8. ( Special Telegram )
The Nebraska State Board of Pharmacy met
today ! n regular scsslbn at the Llndoll hotel
for the cxamltntlon of applicants for res's- '
Irallon. Nlneleen camlldalos presenled them
selves , of which eight were successful in
reaching the slandard average. They are as
follows , according In Ihelr average :
Will C. Laughlln , Wvmore ; Howard n.
Graham , Ashland ; L. S. Hacked , Humboldt ,
Trancls Jarousek , Crcle ; George L. Adams ,
Omaha ; C. M North , Cairo , Joseph r.
Leahy , Jackson , and Lawrence Welsh. Hol-
sleln The nevl meeting of the board will
be held al Hotel Dellone , Omaha , on June
4 , In connection with the Stale Pharmaceuti
cal association , which holds Its annual meet
ing In Omaha on June 4 , 5 nnd C. An c.\am-
Inatlon will bo given for Ihe benefit of any
applicants who may be In attendance.
The State Board of Equalization , compris
ing Governor Holcomb , Stale Audtlor Moore
and State Treasurer Bartley , held a mecllng
toJay. There appeared before the board rep-
resentatlves of the II & M. , Union Pacific ,
Chicago. Rock Island S ; Pacific , and the Pull
man Car company , for the purpose of secur
ing reductions in their assessments , and to
secure certain changes In the various valua
tions The board took these matters under
advisement and will report on the same on
the 15th Inst.
Adjutant General Barry and Major Techet
will Ispect company A , Second regiment Ne
braska National Guard , at Kearney , on
Thursday , MayjS.
PLANS 1'Olt I'L.VTTS.VIOUTII SCHOOLS
Now Corp * ot Tonrliora Ktoctoil for tlio
Knniilni ; Year.
PIATTSMOUTH , Neb. . May 8 ( Special )
The rialtsmoulh school board met last
night and chose a corps of teachers for the
no\t year's service. Superintendent McClel
land , who has been In charge ot the schools
for the past flvo jears , was unanimously re-
elected. Prof , Halsey , the principal , did
not apply and his assistant. Miss WInona
Evans , was promoted lo lhe princlpalshlp
The end of lhe year will fl.id lhe dlstricl out
of debt and with a bahnce In Iho Ireasury
A case of smallpox is reported as exist
ing In the Backus family In the Iowa bottoms
toms oppos'le this city A young lady Is
the person aJlllcted and she contracted the
dread disease by lately making a dr ss
out of a bolt of cloth which was In lhe house
a year ago , when lhe family wis stricken
with the same ailment. The Pacific June-
lion health authorities have quarantined Iho
house.
The thermometer registered 92 In the
shade this afternoon and old setllers pro
nounced It the warmest day In early May
during the past twenty-five years.
The heavy rains of last week , coupled with
the recent warm spell. Is having a splendid
effect on fruit and grain and farmers are
feeling good. Cass county has never had a
batter crop prospect than at present and busi
ness Is allowing a steady Improvement.
Diphtheria ut .lunlntn ,
JUNIATA. Neb . May 8 (3p3pl.il.- ( ) severe -
vero case of diphtheria developed In tonn
yeslerday , lhe victim being the oldast t > on of
Editor Illckets. The school board closed
Iho schools Immediately until the dangar Is
passed , and the town board Issued orders to
have the town thoroughly cleaned and dis
infected. The doctor In atlendane Is using
Iho new antl-loxlne freely.
> nlsnn Hill llnvon Saloon.
NELSON. Neb. . May S. The village board
of Nelson granted a saloon license last night
to J. C Cox of Nelson Sheriff Haldwln jes-
tcrday brought back John Hall from Johnson
county , Nebraska , charged with disposing of
morlgaged property. Hall was formerly a
business man and resident of Nelson.
Dentil of Hurt Muivell.
AtmOUA. Neb , May 8. ( Special. ) Hurt
Stovvell , aged 20 years , son of Swan SUwell , a
prominent farmer , died yesterday.
Both the method and results when
Syrup of Figs i taken ; it is pleasant
and refreshing to tlio taste , and acta
gently yet promptly on cho Kidneys ,
Liver and ljowols6lcanses , the sys
tern effectually , dispcis colds , head
aches and foveik ana cures habitual
. .onstipation. ffyrjip of Figs Is the
only remedy of it kind over pro
duced , pleasing to the taste and ac
ceptable to the Htomach , prompt in
its action and truly bcneiicial in its
effects , prepared only from the most
healthy nnd agreeable substances , its
many excellent qualities commend it
to all and have made it the moat
n popular remedy known.
Syrup of Figs h for ealo in GO
cent bottles by all leading drug-
l gists. Any reliable druggist who
- may not have it on hand will pro-
3. euro it promptly for any ono who
wishes to try it Do not accept any
substitute.
- CALIFORNIA FIG SYRUP C0a
SAN FKAWISOQ. OAL
. sr. vw ram a. r.
COAL PROM THE LUNGS.
Several Tons of It Ilrcittlioil Out lu a Llfo
Time.
We breathe oxygln In , and coal out. Ux-
pcrlmcnts show that eight ounces troy of
solid carbon nre Riven oft by n pair of
human lungi every 21 hours. That would be
< % tons in a lite of 75 yenis What would
thnt amount of carbon be worth In the
form of diamond ? A diamond Is pure car
bon. .
The price of diamonds concerns very few
people , but the condition of the lungs Is a.
matter of supreme Importance In Ihls s ° n-
son of changing weathers. Unless the lungs
be strong theny cannot expel the the car
bon. A eold attacking them directly weak
ens I ho m
Any depression , though It seems to effect
only one oigan , mu t lie overcome by brae-
Ing the whole bodv Tor this puiposo the
doolors prescribe tlmul nits.
Duffy's I'uro Mnlthlskoy Is highly
prized by tlu medical profeu lon , because
It rouses the talent eneigy ot the body ,
cie.Ucs a Keen appetite nnd ( a InvlgoiutlnK
nnd ncrvo snolhlmr. If llie usi of II VMTO
followed by nil Injurious reaction , Iho doctor -
tor vvoiill ( not commend It. The fact It ,
that IJtifCv's Pure Malt Whiskey stimu
lates the organs lo do their work properly
so that nil ground gained Is held.
Hence , It Is a standard medicine , n house
hold remedy ot proven \ntuc. It Is especial-
Ij useful In the spring lo tight those obstl-
nile colds that so ofti'ii develop Into pneu
monia und bronchitis.
Deformity
Braces ,
Trusses ,
Supporters ,
Batteries ,
Crutches ,
Atomizers ,
Bed Pans ,
Air Pillows ,
Rubber Goods ,
Surgical Instruments ,
Medical Supplies.
THE ALOE & PENTOLD CO , ,
TUP LION DUUG HOUSK.
1403 I'm trim bt. opposite I'.iMon Hotel.
mn SKIN AND SCALP
t'lc.iiieed , puilllod , and boautlhcd by C'tricunA
boAf , urontest of fLlu purltlpK and
kcnutli.rie , DA c > ll as purol and
BVcctrol of toilet and iiiuicrv euapg.
Onli cum fur pimples anil blatk.
licadK , bccaufio the only priMntl\a
of Inflammation and Llonuliii : of ilia
per fl , till * Llllrtl ) of MICPt tOIUpkl *
lomlilisHKUnitlonii bold c rvrli r * .
"GUPJ9ENE"
Cures tha effecta ot
telf-abu.se , excesses ,
emissions , impolenoy ,
vnrlcocelc and consti
pation. One dollar a
box , six for } 5 For
rale by TUB GOODMAN -
MAN > RUG CO . and
KUIIN A CO.
I filiCd tlio 1 caturcs aud Jlcmov.
Itm lUunil tiG3.ln 1 > 0 p. book for a stump.
< ] < > hn II.V M > illiiir > , l.7\V.OlSt.N.V. !
Ir.vontur oC Wuudlmry's t'uciul Bou > .
FOR A
AA
A HANDSOME
E FOR ID TE.U-CWT
PLUG
TOBACCO
CHAMPAGNE FLAVOR
The American Tobacco Ccx
If there is any place on eartl ;
where you can be suited in
suit of clothes , it is surely a
Nicoll the Tailor's.
We have over 3,000 entirely
new , beautiful and low tarif
1895 fabrics , and our price
are within the reach of all
Suits to order , $15 to $50.
Overcoats about the same ( Ut
penils on llnlng.1.
Trousers to order , $ ij. to $14.
We have had fifty years' ex
perience in clothes making
and it is our constant aim t : (
turn this experience to a
increased trade rather thai
an increased profit. Henc
our low prices for well-mad
garments.
Samples mnllod.
GarmonU expressed.
207 S , 15TH STREET ,
CmCAGO. ST LOU. . IS. !
ST.PAIU IA.
:
UESMOINES. PlTTSDURf
WASHINGTON. New YORK. HDIANAPOU :
KANSAS CITY. SANFRANCISCO. MINNCAPOU
PORTLAND , ORE.
Delineators Free Toniorrow-
Every lady purchasing a clrcss pattern in
our store tomorrow will be given free a
May number of The Delineator , the best
fashion journal published. In addition
we have made extra low prices for the
clay , so that there is every inducement for
you to buy tomorrow.
IS BHI.M FULL OF
RGslINS
Choice laundered wntats ivt. .50c
Kxtra lut'Ro slcevo waists nt.75c
Trilby waists , two dotateli-
able collars , only $1.00
Worth SI.SO
? 2.CO Duck Suits go at. . . . $1.03
SU.To Duuk Suita go nt . . . 2.25
Serge Suits ,
NliW STYLE AT
We Give Free of Charge u Waist with livery Worsted Suit.
Black Colored
Dress Goods Dress Goods-
1 case of Ill-Inch blown , Ktccn ,
10-Inch extra fine Crcpon , sold ill tan , Kray Novelty Dress Uooda , worth
91.75 , $ .00 , If'Ti nnd .fU.ni ) , choice nt liOc , lit
$1.00
10 Inch Habit Cloth. In all colors and
{ iMncli ! UiiKllsli Serge , regularly sold
all wool , regular -10c quality , for
at $1.00 , o at
GOo
ni-lnch Habit Cloth , that always selli
10 Inch KiiKllsh Serge , always t > old at for 05c , for
COc. toiuoirow
r > 4-Inch pray , brown and green Ml *
tines , regular 7 " > c quality , for
. ' ! S-Inch Iloiirk'ttns , the usual -10c
quality , for SOo
Onu tflble of all wool Scotch Cheviot *
that are cheap at ( Wo , for
-1C Inch extra line
Ilonrlottas
, worth
Soc , for 10-Inch Ilenilcttas and Serges , lu
colors , regular price : { .r > c , for
0So lOo
A MAY DELINEATOR TREE TOMORROW WITH EVEHY DRESS PATTEHV.
Silks-
New Nntunl IVmcees 27 Inches wide
and a Miy Dvllrie.ttnr ( tea with EleRint Ulnck Sitln Dnchesse , nnct
every dress pattein n Hay DHIniMtor free with every
Now Checked Taffetas In pretty rol. dress pattern a Ills bargain ut , . . .
orlnia nml extia quality May De
lineator with every drwji pitum
New Itlark riRiireil Chlni Sllk 22
Corean Rllk , In
the newest nml mont
Inches ulilo , beautiful
Kinds a Miy ,
dtrlklnR effects
ind
n Mny Uelinea-
Uellncator v\ltli cveiy dress jut- *
jutrfn tor with c\er ilrebs
tern . . . tJ\JG > patten
A JIAY DELlNEATOil FREE TOMORROW WITH EYEHY DHESS PATTERN.
Big Uargalas lit Chenille , Covers.
Oood HZI ! > Cover , r > 0e , worth $1.25. Bargains-
Large sUe Cover , 05c , worth ? 2.00.
i\trn large size Cover , $1.75 , worth
? 3.no. White Apron Ooods , 7c , Oc , 12V&C.
h Bed Sprcnd.s nro Cheaper than Ever. I'ercales for shirt waists , tic. ,
Largo Spread , 57c. Klgured ScriK-ntlno Crepes , lOc /
a ; Kxtra slzo Spread , 07c. Crlukle CiopoiiH , 8 < , { , e.
Illg Spioad , ? 1.00. Duck
it Suitings , lOc.
Elegant Silk Mixed Aprons , 29c. Best Pongees , lOe.
These goods come In nil the lending
itff Hhiulen nnd our cheap at OOc ; our price Dress Olnghams , 8c.
tomorrow , 29c. Host Apron Ginghams , Be.
y Towels. Untlstc In light and dark coloiliiga , Co
ff Turkish Towels , 'tc. ISest 121/je Sati'cu.s , S'/jC. '
Turkish TowcN , ( I'/iO. ISest Pi Ints , 5c.
is Turkish Towels , li > yc.
Vine Clmllls , fie.
IHg Tiiiklsh TowoH , ir.c.
, I5lg Turkish Towels. 25c. Outing Klanni'ls , r c.
I luck Towels , lOe , I'JVjC , ICr. 17 > X-o. nioachi'd Muslin , r > c.
nig Damask Towels , knotted filligc , Toweling , Ic. !
lo- 23c. Pure Llnt-n Toweling
- , fie.
Muslin Underwear and Corsets-
1 lot of Onwns cool muslin , neatly
lutllo trimiiiLd. worth djuble
o :0 dozen prnwcrn. of best muslin j
iieicr sell them less than 43c. at. . . - *
in
One lot of Clown * , elntwrntely Irlm
in nod null jaee Insertion nh'l ' I'mQ Tat . / - >
regular i > rlco 11.25 , at IJ \ >
ine
e Omhrclle HklrtH. In cambric , Inco and OC/-
cmtruidei ) tiliiimid , it 3J and * JOf J
le
r.U-Knut Corset f/ons Walit. mad4 ut
xoud jean , with eatln iitriici > , rxtra
front meet and oKtr.i xtay nroiunl
vialit , < llk llojged and excellent A 7 f\
Hummer Corset , coolest one made ,
Blrtj > of coutll , extra long wuim. CitC\
rcifular 70c quality tv w
.
.
.
,
JS.
IJ.
ii.
