Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 29, 1895, Page 3, Image 3

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THE OMAHA DAILY BEE : WEDNESDAY , MAY 29 , 1895.
THE OMAHA DAILY BEE
COUNCIL BLUFFS.
- - NO. 12 1'EAUt , STREET
Delivered by carrier to any part of the city.
H. W. T1LTON , Lessee.
Tnt.nP110NKS Business oOTce , No. 41J night
editor. No. M.
.1//.N OK JI/5A TJO.V.
Grand hotel , Council Bluff i. Newly fur
nished. Reopened Oct. 1. E. F. Clark. Prop.
The McLean adultery case was continued
by Justice Cook yesterday until Friday mornIng -
Ing at 9 o'clock.
A marriage license was Issued yesterday
to Walter K. Stcplmn , ased 29 , of Council
Illtirts , nnd Nora Finn , aged 21 , of Lenox ,
la.
The nitiff street union prayer meeting will
be held this afternoon at the residence of
Mrs. P. C. DeVol , Instead of Thursday , as
usual.
All members of the Veteran Firemen's
association are requested to meet nt No. 3
hose house nt 2 p. m. toiray to attend the
funeral of John Ilponeter.
All memhcrs of Hazel camp 171. Modern
Woodmen of America , ore requested to meet
at their hall at 1 o'clock sharp on Decoration
day to form In the parade.
John and Jesse Mowery and Hugh Kcenan ,
convicted of adultery , nnd Albert Hnchwltz ,
of burglarizing freight cars , have flled mo
tions for new trials In the district court.
There will be a special meeting of Star
chapter No. 47 , Hoyal Arch Masons , Thurs
day night , May 30. for work In the P. M.
ilegrqc.All rast masters arc requested to bs
present. Uy order of the M. E. II. P.
Special meeting of Excels or lodge No. 259 ,
Ancient , Free and Accepted Masons , this
evening for work In the Hccond degree. Vis
iting brethren cordially invited. Uy order
of the worthy mauler. Nat Shepard , secre
tary.
Charles I3rd ! was tried In the district
court Monday on the charge of burglarizing
Iho shoo store of William Asmus , 531 Muln
fitrcct. Yesterday , after being out twenty-
three hours , the Jury came In with a verdict
of guilty as charged.
The Justice shop case In which John J.
Fralncy' and Mrs. W. D. Jones arc quarrel
ing over the possession of a couple of chairs ,
haa been continued until this morning at 9
o'clock. Fralney denies that he committed
any assault upon Mrs. Jones.
L. C. Duffy , who was recently knocked
out by n district court Jury In his attempt
to get a Judgment for damages against
Colonel F. C. Heed for a gunshot wound
received by him whllo at Manawa , tiled a
motion for n new trial yesterday.
Jockey linger , a horseman , was forced
against the fence In one of the races yester
day afternoon and for a time It was feared
that ho had broken a leg. An examina
tion by the physicians , however , showed
that he was only suffering from bad bruises.
Pete Done , an ex-saloon keeper at Cut-off ,
culled at the police station yesterday and
asked to bo locked up for his own safety.
Ho had had a fight with ono Bcrnccke , and
ho was afraid that If he stayed out of jail
Bomothlng unpleasant might happen to him.
Ho was accommodated.
Roger , the 7-year-old son of Mr. and Mrs.
Wllllnni A. Travis , died of dropsy of the
heart yesterday at 4 a. in. , after an Illness
of five weeks. The funeral will take place
this afternoon at 2'30 o'clock from the resi
dence , 710 Mill street , Rev. Stephen Phelps
officiating , and the remains will bo burled
In Walnut Hill cemetery.
The Dudley Buck quartet , assisted by Mrs.
J. O. Wadsworth , gave a war song and
ballad concert last evening at the Christian
tabernacle , nnJ many of the old songs of a
by-gone day were sung with feeling and ex
pression. The quartet will go to Boston in
August with the Red Oak comtnundcry o (
Knights Templar , to attend the triennial
conclave.
Insure In the Imperial , Palatine or Glen
Falls Fire Insurance companies. These are
among the largest and best companies In the
world , and wo are solo agents for Council
Bluffs , Lougeo & Towle , 235 Pearl street.
ItUADV I'Oll UKCOKAllON DAY.
lllg. Display uf rionrcrs nt McFhcr on >
Oreonhoimes.
Only three bloclts east from motor turn or
Plcrco utrcct. All kinds of choice bcddlnp
and house plants for sale cheap. Vases filled
and planting done frco of charge. We lmv <
employed Mr. G. S. Kcnney for special landscape
scapo gardening ; 20 ycare' experience In large
cltlM. Telephone 211.
b I'AK.WKAl'HS.
Mrs. Wagner of Orangevlllc , 111. , Is a guesi
of Mrs. D. S. Brcnnaman.
Mrs. H. C. Addis will visit relatives li
Dcentur , 111. , this summer.
Mra. W. M. Vandenburg Is at Devil's Lake
Wls. , visiting friends , and will not retun
until fall.
Dr. J. W. Hcmstcd , Samuel Hemsted ant
Henry Hemsted ot Carson are In the clt :
attending the races.
Mr. and Mrs. H. W. Tllton and daughte :
Marlon have returned from n week's vlsl
with relatives and friends In Janesvllle , Wls
Deputy United States Marshal E. W. Hill
\vcg and wife have moved from Corning ti
this city , and will make their home at 43' '
Park avenue.
Mr. and Mrs , J. C. More , who wcr
wedded on Tuesday last , will spend the sum
mer here and then make their homo In Sai
Francisco , where Mr. More has quite exten
five Interests.
Rev. Cyrus Hamlln , formerly pastor of th
Congregational church of this city , has re
cently resigned his pastorate at Bololt. Wls ,
and Is now visiting his
brother-in-law , Rev
Lyrnan Abbott , D.D. , In New York. HI
future plans are not yet announced.
Cards have been received hero announcln
that Winnie , the daughter of Rev. and Mrs
Georg3 W. Crofts of Beatrice , Neb. , will b
married Tuesday evening , June 11 , at
o'clock , to Mr. Charles Warner Loomls. The
will be at horns after July 1C at The Aim
1811 Grant avenue , Denver , Colo.
Still it Climico to \\lll 0KOO.
We can't guarantee horsemen and other
attending the races that they will aluay
win on a hoo-c race If they wear our shoei
but wo can assure you absolute satlsfactlo
In style , flt , comfort and price. But thcr
U always a chance that some of the rcf
of you might charm the fickle goddess oi
of another } SOO. When you can't lobo It' '
north trying , nln't It ? C. S. Byers.
llli ; Hiiro AliMitlnc ,
Spring meeting of the Union Park Racln
association commences May 22 , and cor
tlnues ten days. Five good races dallj
commencing at 2 p. m. One and a thlr
fare on all railways tor rnnnd trip.
Children's waists from 15c to Jl.OO.
MKTCALF BROS.
_
T.nlH Jiiouitm M 111 Tutu.
The monthly banquet of the Merchant
and Manufacturers' asoclatlon will tat
pli.ce this evening at the Grand hotel. Lu
Jackson , Industrial commissioner ot the Ch
cage , Milwaukee & St. Paul railway , will 1
the chief speaker ot the evening , his subjei
being "The Industrial Opportunities of tl
Middle West.1' Other speakers will also 1
present.
Among those who arc expected from a dl
tanco are the following representatives of tl
Order of Railway Telegraphers : Walter
Powell , grand chief ; J. R. T. Austin i
Vlnton , grand secretary ; Charles Daniels i
Atlantic , J. B. Finn of Baltimore , L. t
Tiiylor of Lcavltsburg , 0. , and W. White i
London , Out. , members of the exrcuth
committee. They will arrive In the morotr
nnd be quartered at the Grand h.otel , Durli
the day they will Investigate the claims i
the city to the headquarters of the order ar
be the guests ot the citizens ,
llltf Snlo of Copps I' lire r.
Wheeler & HorelJ's order book Is filled li
orders for Copps Cheer every day. F ,
Bernard , Lovllla , la , , sending In his third o
dcr In three days , says ; "Am having gre
iale of Copiw Cheer. "
_
llnleil Ililjr fnr Milo
In Urge or small lots , by F. Gardner. li
tjulro of Thomas Johnion , city wclgutnaste
Scientific cptlclan at Wollmau's , 400 Broai
TUo Ilardruan , the piano par excellence ,
Purls , agency tn Munfon's remedies.
NEWS FROM COUNCIL BLUFFS
Suit Which Brings Up the Eoom Days oi
Lake Monawa.
WESTON DID WELL IN SELLING HIS FARM
Nevertheless lie Object * to Pitying Sonic
Notes Which ISeprcKfiit HII Agent's
Cuiumlfislnn Ovules Ills
'H Klgniiturc.
A case was tried In the district court yes
terday which was reminiscent of the boom
days , when the prices of property around
Lake Manawa flew to the moon and a man
could sccuro no surer stopping stone to
enormous wealth In his mind than a few
lumps of dirt. It was the case of the Citi
zens' bank against James Wcston , In which
the bank Is trying to collect three notes
of $37G each , given by Weston as security
for the sale of a forty-acre tract of land
between Manawa and the School for the
Deaf to Minneapolis parties , one of whom
was Charles P. Draslan , well known aa a
real estate speculator In this city.
The sale was engineered by E. II. 03ell In
1883 , and the prlco agreed upon by Weston
and Odell was $5,000. Hut Odcll found that
ho could get $ G,000 from the Minneapolis people
ple , and ho took It , the extra $1,000 being
regarded by him as a commission. In spite
of the apparently exorbitant price charged
the Minneapolis parties for land which In
anything but boom times would not be worth
more than a half of the $1CO an acre charged
them , they were not suckers after all , for
Draslan Immediately hlcJ himself oft to Eng
land , and Milling a cockney Englishman
named Watklns , with more dollars than
ense , unloaded the forty-acre farm for the
modest sum of $25,000.
Dut the Minneapolis syndicate was not so
prompt In making Its payments to Weston
as It might have been , and when Odell
struck Wcstnn for his commission Weston
could not pay. So he executed three notes
of $375 each and gave them to Odell as
security. Odell turned the notes In to the
Citizens * State bonk. Dut when the bank
presented the notes Weston refused to honor
them. Draslai had paid him a visit
and paid off the whole $ G,000
at one clip. In thinking the mat
ter over , Weston had decided that If there
was any one. entitled to that commission It
was himself for having had the good sense
to buy the farm sen many years before. His
wife's signature was appended to all three
of the notes , and he claimed that she had
never put It there , and consequently the
notes were Invalid. He enjoined the collec
tion of the notes , but the Injunction was dis
solved by Judge McGee about a year ago ,
The bank Is now trying to collect the face
of the notes.
When they bought , the Minneapolis peopl <
looked around and noticed that Manawc
was situated to Council Bluffs and Omaht
about the same as Lake Mlnnetonka tc
Minneapolis and St. Paul , and they ptcturec
to themselves , by the aid , of their powerfu
Imaginations , Manawa ten jears from tha
tlrno would bo a prosperous and populoui
watering place , with land throughout tin
vicinity worth $500 or $600 an acre jus
like the land around Mlnnetonka , and the ;
decided that they must have the lam
whether or no. Dut as time passed aw a ;
their dreams failed to become realities , am
the $25,000 watering place site Is now rente <
as a cow pasture , and Mr. Watklns , csq , , o
England , receives as rent the sum of $ :
per acre. H Is very doubtful If the farn
could be sold for $40 an acre now. /
large part of It Is taken up with a slough
which Is not worth anything , even for pas
turage purposes.
NUW 1KU Vl.NS
At the linnton Store.
On Monday we will place on sale 50 piece
red and blue checked glass toweling , war
ran ted all linen , at 5c a yard. These good
are well worth Sc a yard.
25 pieces of 50-Inch unbleached table linen
regular 45c goods , on sale at 29c a yard.
25 pieces Turkey red table damask , war
ranted fast colors , would be considered a
45c , on sale at 25c a yard.
50 pieces of figured dimities , regular 19
quality , on bale at 12',4c a yard.
100 pieces fine dress ginghams nt 5c
yard.New
New line of ducks and piques at lOc an
12140 a yard.
60 pieces of Imported zephyr ginghams , I
plain , checks and stripes , also heavy cordc
and lace stripes. Dont' fall to see them.
Wo show a complete assortment of Frenc
dimities , organdies , printed madros and Eng
llsh crepons In all qualities.
FOWLER , DICK & WALKER.
401-405 Droadway ,
Council Dluffs.
Itnn u Ituilgernine. .
Blrdlc Brown Is the name of a mulatt
woman who has been keeping house at 10
Pearl street , opposite Baylies park. For th
next week she will occupy a cell In the clt
Jail for the crime of vagrancy. It Is clalme
that she has I < CPII playing what Is techn
cally known in police circles as a "badge
game , " and that the "injured husban
racket" Is her specialty and that ot a ma
who consorts with her. The other nlgl
she was walking on the street when st
ran across a man and Invited htm to he
home to spend the evening. Ho acceptc
the Invitation , and while In the hoiu
claims ho was robbed of $40 b
the man ot the house , who lay undc
the bed armed with a stick , with which 1
pulled within reach a portion of the visitor
clothing which he had thoughtlessly le
lying on the floor. The victim called nt tl
city clerk's office yesterday morning wll
his | 40 Jag of woo and wanted to fllo G
Information against the pair , using a tali
name' Clerk Phillips refused to take tl
Information unless the visitor used his tri
name , and the Information consequently wi
not flled. Birdie was arrested on the gei
eral charge ot vagrancy , however , and wi
fined $11.90 In police court yesterday mor
Ing. Her accomplice , Frank Jones , wi
brought In yesterday morning and will ha'
a hearing this morning.
Flowers fur Decor.itlnn.
We are going to have a nice asortmei
° of cut flowers and plants for Decoratlt
: day. Baskets and bouquets made to ord
at any price you desire. J. W. Wllco
florist. Tel. 99.
Children's waists from 15c to $1.00.
MDTCALF DUOS.
I- Sunil.ty Incursions.
W. J. Davenport , general freight agent
the Chicago , Burlington & Qunlcy , has pe
fected arrangements for an excursion ov
the Kansas City road from St. Joseph , Jui
2 , a rate of $1.50 for the round trip havli
been made. Special efforts will be made
provide attractions for the guests at Manaw
This In the first Sunday excursion of tli
EO year , and also the first of a scries whli
all the roads expect to run during the stir
ii'er. ' June 9 an excursion will be run ov
) C the Kansas City road from Council Dlul
to Kansas City , and on the ICth an excu
slon will be run over the Burlington from t
low a points within n distance of 100 mile
to Council Dluffs.
The old Roman epicures lived to eat , 01
many ot them eat for a hundred years b
cause they bought their food at a place ju
like Peck's Daylight Grocery , where ever
thing Is clean , wholesome nnd elegant.
Yes , the Eagle laundry Is "that goi
laundry , " and li located at 721 Broadwa
If In doubt about this try It and he convince
Don't forget name and number. Tel. 157.
C. 0. D. Brown has the only non-cxplosl
gasoline steve ever manufactured , and
will burn from 35 to 10 per cent less gasoll
than any other gasoline stove on the marki
T hero Una Collusion ,
Judge Smith set aside the sale of t
Peter Beck saloon annex by the asslgni
William Groncweg , yesterday. This sale h
already been made twice , and set aside ea
time. The first time the other credttc
were given no chance to bid , and Qronew
sold It to his partner , John Schoentgen , I
$150. When the court set th s aside , a s :
was advertised to close at 2 o'clock en
certain day. The other creditors were
hand at 2 o'clock , but were Informed tl
the bids all bad to bo la at noon. Schoei
gen again bought the place , paying $510. The
creditors offered more money , but the assignee
signee- refused to reopen the sale. Judge
Smith set It aside yesterday on the ground
that there was evidently collusion between
the assignee and the purchaser. He ap
pointed Harry 0. McGee special ofllccr of
court to make the sale.
The New Process gas ranges arc sold by
Cole & Cole. The asbestos oven Is a big
saving of gas. Either gas or gasoline stoves
wo can fit you out. 41 Main street.
A large line of children's waists.
MCTCALP DUOS.
llnl In llril.
W. W. Campbell , a Garner township far
mer , was found lying dead In bed yesterday
morning at his home , three miles west of the
city. He had been troubled with , heart dis
ease for some time past. Monday night he
went to bed with two of his sons. During the
night his wife , who occupied an adjoining
rccm , heard a noise as of some one choking ,
but paid but little attention. In the morning
she was aroused by one of the sons , who had
awakened and found the old man dead. The
deceased was 55 years of age , and leaves a
large family , In very moderate circumstances.
The funeral will take place at 2 o'clock this
afternoon.
r nce I'liHt * .
20 car loads standard red cedar fence posts ,
10' , c each by the car load. A. Overton , Coun
cil Dluffs , Iowa.
A Icrge line of children's waists.
METCALF DROS.
KITES FOB GENERAL DENNIS
Knlcht * Kiulcxli Mold 'their Funcrnl Corc-
niiintnl Otrr De-purled I rotlirr.
The beautiful and Impressive funeral ob
sequies of the Knights Kadosh were held
last night over the body of General John D.
Dennis at 10 30 o'clock In Masonic temple by
St. Andrew's preceptory In the presence of
many guests. The walls of the hall were com
pletely draped In black and In the center was
placed the casket , surrounded by many em
blems of the order. The room was lighted
only by the dim flare of the tapers held In the
hards of the blackrobed officers. The beauti
ful ritual was Impressively uttered by the
preceptor , James Gilbert , thirty-second. He
was assisted by the following officers : Louis
12. Wcttllng , subprcceptorj William 12.
Ilhoadcs , second subpreceptor ; Edgar Allen ,
marshal ; Henry Hardy , orator ; Lyman 13.
Wure , secretary ; Henry Newell , captain of
guard ; Claude L. Talbot , treasurer ; D wight L
Holmes , first deacon ; Rev. R. L. Wheeler ,
second deacon ; Napoleon D. Apple , bearer
brauseant ; John Damford , bearer beauscant ;
John J. Mercer , thirty-three , master of cere
monies ; Martin Dunham , master of ceie-
monles. The hymns In the ritual were beau
tifully rendered by a selected choir of six
voices , with an organ accompaniment. The
ceremony has been preformed only two times
before In the state and only once before In
the city , both occurring lost year.
General Dennis was one of the oldest Masons
In Nebraska and always took an active part
In Masonry. He was a Templar knight In
1SG5 , a Scottish Rite Mason In 1S66 , having
Joined the Lodge of Perfection In Norwich ,
Conn. , on January 1 of that year , and In
February , 1SCC , he was made a Knight
Kadosh , thirty-second degree , In Charleston ,
S. C. He was appointed deputy grand Inspector
specter general by Robert Carroll Jordan ,
thirty-third degree , Inspec or general ,
and given charge of that part
of the territory known as South Dakota.
After a short time , on recommendation ol
Mr. Jordan , he was appointed deputy grand
Inspector general for the supreme grand
council of Inspectors genef.il with the same
territory. He died on December 26 , 1894 , In
Melrose , Mass. , and was burled at that place
but the body was disinterred and broughl
to this city , arriving yesterday morning.
The body will He In Masonic temple unti :
this morning at 10 o'clock , when the funera !
will take place under the auspices of the
Loyal Legion , Interment being in Forest
Lawn cemetery.
H'KUK IHtOH'XBlt.
Sinking of tha French Stnnnier Don ) I'cdri
Off the hpanlnh ( on t.
CADIZ , May 28. The French steamei
Dom Pedro , bound for Carrlllo , Spain , ha :
been wrecked oft Currubedo. Eighty o
those on board were drowned. The dlsastei
was caused by the bursting of a boiler.
Later In the day some particulars wen
received hero of the terrible disaster to th <
French steamship Dom Pedro , which hai
resulted In the loss of about 100 lives. Tin
Dom Pedro was a 3,000 ton steamer am
was engaged In running between Havre am
the Argentine Republic , calling at Dordeaux
France , and carried freight and passengers
The latter were mostly emigrants for thi
Argentina Republic or other points of Soutl
America. On her return trips the Don
Pedro was generally loaded with frozei
meat. She left Harvo May 20 , last , with i
crew of forty-nine , all told , and eighty pas
scngers. At Carrll the steamer was ti
have embarked 200 additional passengers
Dut on her way to that port she ran on i
rock at 0:40 : p. m. off Cape Corrubedo , 01
the west coast of Galllcta and her belle
exploded , the vessel foundering Immediate ! ;
afterward. It Is now stated that only th <
captain and twenty-nine of the crew wer
saved , which would Indicate that all th
passengers were either killed by the ex
plosion or drowned when the vessel wen
down.
\Vooc1bury County's llonil Issue ,
SIOUX CITY , May 2S.-Spcclnl ( Tele
grram. ) Woodbury county Is again In trou
ble over Us bond issue. Some time ngo th
county board resolved to Issue $2X,000 ( ) o
Judgment and funding bonds and made nr
rangements to sell them to the Karmci
Loan and Trust company here. Today wn
set for signing the contract nnd deliver
Ing the bonds. At the last moment th
city filed a protest to $20,000 of the bond
on the grounds that It has a claim agatne
the county for that amount , and that I
It Is not provided for before the Issue I
made It cannot recover. The attorneys fa
the trust company have nlso concluded tlui
a miscalculation wits made In llgutlnK u
the amount of the county's Indebtedness
and that the actual Indebtedness amount :
to over $230,000. If this proves to be tru
not only the extra $30,000 , but the whol
Issue would bo Invalidated. The compan
has refused to take the bonds , nnd tn
supervisors nro trying to discover torn
way out of their dilemma.
Supreme I mirt Decisions.
DES MOINES , May 2S.-Speclal ( Telt
gram. ) Supreme court decisions flled te
day : Dora Nelllng , administratrix of th
estate of John Nelllng , deceased , appellan
against the C. , St. 1' . , M. & O. road , Ulac
Hawk district , ufllrmed. John H. McKelrj
ndmlnNttator , appellant , against the H
C. , H. & N. Railway company , Lyon dh
trlct , nfllrmeil. 12. S. Elsworth , appellan
against S S. Dorwiirt , s-ecrctary and asslsi
ant treasurer , nnd C. J. I/es , president nn
general superintendent of the H , C. , H. .
N. Railway company. Linn district , n
versed. Hllza J Hosier and others , nppe
lant , against Marie J. Sample , et al , llai
rlson district , alllrmed. Ursula , Praile
against National Masonic Accident nrsocli
tlon , niipellnnt. Jones district , modified nn
nlflrmrd. C. IT. Dean against Nicholas ,
Bhepard company , appellant , Mononn dh
trlct. modified nnd nlllrmed. 13. E. Ell !
worth against the Chicago , Burlington ,
! h Qulncy Railroad company , appellant , Adan
n- district , allltmed.
ncr
cr
[ fs Drnth of Mr * . .Icihn Murphy ,
fsr
r- WEBSTER CITY. la. . May 2S.-SpPcli (
rill Telegram. ) Mrs. John Murphy , wife of or
is , of the most prominent farmers of Hamlltc
county , dropped dead this evening nt
o'clock. She was at her homo two an
id one-half miles from this city. The cau1
IS- of death was heart disease. Mrs. Murph
ISEt was prominent In Christian nnd temperam
Ety work , nnd one of the most widely know
y- ladles In the county.
Gull Unmlttun Vcrjr Low.
y. WASHINGTON , May 28. Miss Dodge
y.d.
d. very low , as a result of a relapse yesterda
She Is much weaker than at any time slm
vc stricken down with paralysis.
It Representative Hilt Is reported this mon
Ing to have rested well last night and
no
2t. about an well as yesterday.
Itnliprt n. HurrU llrorrnril.
ho 1JKS MOINES. May 2S.-Speclal ( Tel
gram. ) Robert G. Harris , engineer at tl
Iowa Pipe nnd Tito company's works , wi
as elrowncd In the Dos Maine ? river this mon
ch Inf. Hu was dossing the river In a skli
which wus capsized by the wind.
irs
eg J o MnnuiiiPiits for Confederate Demi.
! or CEDAR RAPIDS. In. , May 28.-Specl (
ilc
Telegram.-At a camp lire of the Qrar
Army of the Republic post of this city re
on olutlons were adopted denouncing the ere
int tlon of confederates monument ! ) on nortl
Jt- cm soil.
RAILROAD WINS A' BIG CASE
Iowa Supreme Ocurt Decided dh Important
Point in Commercial Law.
STATE'S ' POWER TO REGULATE CARRIER :
Hlcht Wns Never Confrrrcil by the Con
stitution with Heferenec to Inter *
Into AfTulrJ-tongrcsi 'Con
tests this Exclusively.
DnS MOINCS , la. , May 28. ( Special Tele
gram. ) The Iowa supreme court today de
cided on important Intcrstato commerce case
of which the following Is the title and main
points of opinion ; Isaac Gallon , appellant ,
against the Chicago , Rock Island & Pacific
Railway company ; action to recover over
charges for freight hslppcd over defendant's
line ot railway. Judgment on demurrer
against plaintiff , and appeals. The question
presented by the demurrer was whether
overcharges by n common carrier on Inter
state shipments made prior to the taking
effect of the Interstate commerce act can be
recovered. Forty typewritten pags are dc
voted to proving this point , that there Is no
national common law that the state cannot
regulate Interstate commerce In the absenct
ot congressional action , either by express
statutory enactment or through the medium
of the common law , which may be revised as
In force In such state ; that the right claimed
In this case would amount to a regulation
of commerce between the state as defined
by the federal supreme court , and hence Is
In controvontlon of the federal constitution.
The demurrer was properly overruled and the
decision below is affirmed.
The demurrer was properly overruled and
the decision below Is affirmed. The court
holds that before congress legislated on the
subject of Interstate commerce , no state
statute could effect charges or discrimina
tions made by a carrier In respect to such
shipments ; that right Is to be given by the
constitution , the laws ot the United States
or its treaties , but remedies for such rights
are to be pursued In accordance with the course
of the common law. The constitution does
not confer on the courts of the United States
full common law Jurisdiction , in a national
sense , as claimed by appellant. The common
law Is the common law of each state , as It
was of the cojpny before the revolutionary
war. The power to regulate all commerce Is
given exclusively to congress , and the com
mon law right , If any , Is thereby taken
away. The states In any event have no
power to regulate Interstate commerce.
SIKKINU A NOKIIIKIIX OUTI.UT
llurllngton Figures on a Const Terminal If
Shut Out by IIIII.
The alliance of the Northern Pacific with
the Great Northern Is liable to bring about
changes In the traffic contract with the
Burlington and It may be necessary for the
B. & M. to protect Its western Interests by
paralleling the Northern Pacific tracks west
of Billings In order to gain entrance Into the
northwest country. When J. M. Hannaford ,
general traffic manager of the Northern Pa
cific , was In Omaha a fortnight ago , talking
to a friend , he Is represented to have said
that the traffic ; arrangements with the B. &
M. were of such a diameter as to give his
company considerable annoyance. And to
know Just what to do with the contract was
bothering officials not a little. This un
certainty grows out of the inroads which the
Burlington has been making on the freight
haul for Puget Sound points , much of which
has heretofore gone by way of St. Paul. Now
that Jim Hill has obtained a footing with
the Northern Pacific and will virtually dic
tate Us policy , the knowing ones believe that
the contract with the Burlington will be an
nulled. But the Burlington has already rea
lized the Importance of a line between Chicago
cage and Puget sound , and It Is understood
a corps of surveyors are already In the field
running a line west from Billings. Whether
the objective point Is Seattle , Is hard to de
termine , but It Is pretty thoroughly settled
that the B , & M. will not be placed at the
mercy of a northern lino.
II. r. H. & N. MocklioUleri Meet.
CEDAR RAPIDS , la. , May 28. ( Special
Telegram. ) The annual meeting of the
stockholders of the Burlington , Cedar Rapids
& Northern road was held hero today.
Officers were elected as follows ; President ,
C. J. Ives , Cedar i Rapids ; % lce president ,
Robert Williams , Cedar Rapids ; treasurer ,
H. II. Holdster , New York ; assistant treas
urer and secretary , S. S. Dorwart , Cedar
Rapids ; executive committee , R. R. Cable ,
J. C. Peaslcy , J. W. Blythe , W. G. Purdy ,
C. J. Ives ; directors , J. C. Peasley , W. G.
Purdy , J. W. Dlythe and W. H. Trucsdale.
Satisfaction with the present management
was expressed.
Illinois Crntrnl to Unlar N lirnkn.
SIOUX CITY , May 28. ( Special Tele
gram. ) Railroads here are excited
over a rumor that a company ,
backed by the Illinois Central rood
has been formed to bid on the Pacific
Short Line bridge property nt the receivern'
sale June 10. It Is said that the Central
wishes the bridge In order to obtain an en
trance into Nebraska nt this poit , with
the ultimate design ot building on to the
Pacific const. The parties interested arc
cairying on their work very quietly.
ttitllnriiy Notes.
F. A. Nash of the Milwaukee la In Chicago.
G. R. Morrison , assistant superintendent
ot the Milwaukee , is In town.
Recently the supreme court of the United
States has handed down two opinions vitally
Interesting to the Union Pacific. In the
first case the Union Pacific Railway company
against Otto Wyler , growing out of personal
Injuries received by the latter and whlcli
came to the supreme court from the western
district of Missouri , Justice Field , In ar
opinion , reverses the Judgment , which wai
for $10,000 and costs , and remands the cas <
back for further proceedings in conformltj
s with the opinion of the court. In the othci
case , that of the Union Pacific against B
Harris , In error to the United States circuit
court of the eighth circuit , Judgment Is at' '
firmed , In an opinion by Chief Justice Har
Ian , and the cause remanded to the clrcul
court for the district ot Colorado. In this
case Judgment was rendered for $ G,500.
H'oux City buburh Will ' Verde.
SIOUX CITY , May 28. ( ecial Tele
gram. ) At a meeting of the residents 01
Morning Side , a suburb of Sioux City , thii
evening , It was resolved to take steps t (
separate from the city and organize anothci
municipality. The Morning Side pcopli
say they are getting too llttlo In the waj
of Improvements , considering the taxei
they pay. i
Beecham's pilU J-c for biliousness -
ness , bilious headache , dyspep
sia heartburn liverdiz-
, , torpid , -
tiness , sick hea'dachc.bad taste
in the mouth , Boated tongue ,
loss of skinetc.
appetitcSallow , . ,
when caused by'constipation ;
and constipations the moat
frequent cause of all of them.
Go by the bobk. Pills 10 + and
S * a box. Book free at your
druggist's or write B. F. Allen Co. ,
365 Canal St. , New York.
Annual > * 1ft morn tlitn 6.000 OCOboiec *
SOUTH OMA1IA OIIY COUNCIL
CTernl Hand Propositions Dliposed of nt
nn I'xtrn Hnilon.
The city council met In special session
ast evening. City Treasurer Hector was
uthorlzed to borrow (5,930 from the Packers
National bank to pay Interest on outstanding
> omls.
Twelve hundred feet of rubber hose ha\c
> cen ordered purchased.
An ordinance was Introduced authorizing
he Issuing of $140,000 worth of funding bouds
o take the place of bonds Issued In 1SSS for
grading and sewer purposes ; referred to
he Judiciary committee. The rules were
suspended and the ordinance passed , llltls
on the bonds were as follows : John Dale ,
11-10,000 , less one-half of 1 per cent commis
sion , which amounts to $700. H. C. Dost-
wick , cashier of the South Omaha National
bink , bid $140,000 , and offered $100 pro-
nlum , mailing a difference at $ SOO In the
ilds. Ilostwlck gets the bonds.
Donds to the amount of $00,000 , to pay for
laving Twenty-fourth street , wore orJcrd
ssued. At the time the work was done the
city was enjoined by the property owners
along Twenty-fourth street , who \\ere In
.crested. City Treasurer Hector , acting under
nstructlons from the mayor and city council ,
Issued the bonds , and from their sale paid
iho cost of the paving. This \a \ paving dis
trict No. 3 , which extends from Q street teA
A street.
Tiio bonds now ordered Issued are to take
the place of the original Issue , and docs not
Increase the original amount. Injunction
proceedings were dissolved some time ago.
\ remonstrance against the granting of a
liquor license to the Omaha Brewing asso
elation , at 404 North Twenty-fourth street ,
\\i\s read. This document was .signed by
most of the business men and persons living
In that locality.
Hereafter the city will levy a tax on tele
graph and telephone poles.
A. resolution was passed granting liquor
licenses to n. Jotter , Twenty-fifth and N
streets ; South Omaha Brewing company ,
Twenty-eighth and Q streets ; Henry Mies ,
332 North Twenty-fourth street ; Betty
Franck , Twentieth and H streets.
Doth the viaducts need repairing and the
mayor appointed Dlanchard , Hyan and
Walters a committee to wait upon the rail
road companies to see what financial assistance
anco they would give the city In making
the necessary repairs.
Mayor Johnston took occasion at this point
to read the riot act to the different com
mittees , especially the license committee
composed of Ilylnnd , Mies and Dulla. The
school board needs money and the neglig
ence of the license committee In reporting on
liquor licenses has kept the Doard of Educa
tion out of the license money. At present the
school board Is paying Interest at the rate
of $5 a day to the banks for money advanced
Over two dozen liquor licenses are ready to
bo granted and the committee has not re
ported. The roast was meant for other com
mittees as well , but especially for the license
committee.
John Owens was given the contract for
grading Eighteenth street from O to Q
streets.
The council adjourned until Friday evenIng -
Ing when protests In liquor cases will be
heard.
PREVENTION OF DISEASE.
Keep ilio ftutnncli Illclit.
It Is surprising what a safeguard a healthy
stomach Is against disease. And again It Is
not so surprising when It Is remembered
that the only way wo get pure blood , strong
nerves and firm flesh Is from wholesome
food , well digested. It Is the half digested
food that causes the mischief. When the
stomach Is weak , slow , Inactive the foot
lies In the stomach for hours fermenting ,
forming gasscs which poison the blood am
the whole system , causing headache , pains
In the back , shoulder blades and chest , loss
of appetite , palpitation , bllllousness.
The safest cute for Indigestion Is Stuart's
Dyspepsia Tablets , composed of vegetable
essences , fruit salts , pure pepsin and Goldcr
Seal. Dissolve one or two of these tablets
In the mouth after each meal. They ar
pleasant tasting and mingling with the food
so assist the weak stomach that the food I
perfectly digested before It has time to fcr
mcnt.
Stuart's Dyspepsia Tablets cure Indlges
tlon and Increase flesh because they dlgeii
flesh forming foods like meat , eggs , etc.
Sold by druggists at CO cents per package ,
Absolutely safe and harmless.
K. YALE'S
n
Stops lialr falling In 21
; hours. Restores Gray
Hair to ita natural color
without ilye. The best
HnlrTonlo ovcrinado. Used by Ladles and
Gentlemen everywhere.
All druggists or by mfill ; I'rlce.ll.OOj alsoYalo'8
Slcln Foodl.50j Ynle's Face powder , SOc. ; Yale's
BeautySonp,25c. Guldu to beauty mailed free
MIVIE ) . YALE ,
Health and Complexion Specialist ,
TEMPLE OF BEAUTY. I4G STATE ST. , CHICAGO.
Anltml Extracts Cerrbrlne for brain Cnnllnc
for lie-art , O\ailne , etc. , Jl. All ilrugKlsts.
} Rootbeer i
I makes the children rosy-checked , 5
Jl keeps the parents healthful , helps fj
Jk the old folks carry their years JJ
lightly. A 2c. package makes s1 !
" e whole family happ
CHAS. E. HIRES CO. ,
PHILADELPHIA.
DUFFY'S
Pure Halt Whiskey.
All Drnggiats-
Rowland Wm , Bailev , 0. DS
L"2VM NG
DENTIST.
3d floor Pnxton
Ulock ,
Finest and Best Denial Work
( jold I'illliiKH , Ciown mill llrldxo Work
TeulhoMracteil without pain without K.W.
Use Dr. Balloy'sTooth Powder
CJEO. P. BANFOnD. A. W. IUEKMAN ,
President. Cashier.
Of COUNCIL BLUFFS , Iowa
Capital , $100,000
Profits , - - - 12,000
One of the oldest banks tn the state ot Ion a.
Wt Mllclt jrour business and collections.V
pay t per cent on tlrni deposits. W * will b
pltastd to see * nd serr * you.
1-
1U
MANHOOD RESTOREDSS
e-
e10 tlonoJ afamouilreiich pli ) tltlan , will quickly cute sou of all I rr <
jcns or dlsiaseicMbo generative organs , such as Ixist Hanh vl ,
18 IiuumnU , 1'alnsln tut > Jt. < clcneniliiul Kmlssiim .Is'er\oiiri Drbil'b. '
II- 1'lmplen , UnnuitsJ to Jlarry , ixhaustlni : { Iirslna , VurlcooHe sii4
IIIt , Constipation. It Btopinll lours byday or night. I'revents qi.lrk.
of.ulKcliarcPi.tvhlchlf notclireKpiMfads toHpermnlorrbrrunnl
, AtTpn nil the horrors oJImpotcncy. < 'DlIlt.Mielcuuics : : thollvtt , Hi
BEFORE .
m AMD Ar I C.H kidncysanitthsiirlnnryoreaTisofullluiiiurlUea ,
CDl'IDKNU ! ; strengthens and restart a nm&ll wpuk Orcans.
ill Tlio sufferer * nro rot ciiffil . . . _ . by IJoctjirsJs . brcuuso _ ninety . . . percent . . _ . . are tronbleil wit )
id ( nj
3-
3C
C-
Ca
a-
FOn SALS BY. GOODMAN DHUQ CO * 4 ICUIIN It CO. , OMAHA , NEBRASKA.
|
! Me Have Taken the Town ,
4 The old mossbacks who formerly sold you 5-ycar-
4 old Furniture and Carpetings and palmed them off as
4 the latest styles arc feeling very sore , and those who
4 made you par < 7 oo for an article worth $1.50 find their
4 occupation gone.
| We Done It With Our Little Prices-
Agents for Alaska RcfriRerntors
4
and Jewel Gasoline Stoves.
I We Furnish Tour
Our prices are just the same whether you buy for cash
A or on Easy Payments.
Honest Values. Reasonable Prices.
NEW STORY FOR FRIDAY.
PIPPETTE'S EMANCIPATION
is a story of contemporary human interest written for The
Bee , by
byEDWARD
EDWARD MARSHALL
It deals with the romance of a
young Italian girl brought up
in old world traditions and
suddenly intoxicated by the
ozone of American air. Lit
tle Pippette aspires to be a
new woman but discover in
the end that old ways are best
sometimes and sweetest , too.
Her story will appear in th&
Bee , in two chapters , begin
ning Friday. Alcty 31.
Order in advance of your newsdealer. .
Cleaning and Dyeing of Garments and
Goods of Every Description ,
Schocdsnck's Twin City Dye
Works , Cor. Avenue
A and 2GtIi
St. , Council llhifls. Office , 1521 Far
nain St. , Omaha.
Send for Price List ,
BUNGLE , M ,
The Good Samaritan. 20 Years' ' Experience.
IlUADKIl 01' DISEASES OP MKN ANI >
IVOMKK. I'lioi'imrroii ov Tin :
WORLD'S HKUIIAt , DISIT.N-
SAUY or MKDICINI : .
/ treat the following Diseases :
Catarrh of the Ilcail , Throat nnd I.uiifrs ; Die-
cases of the Kyo mid Kur , 1'ils end Apoplexy ,
Heart Disease , Liver Complaint , Kidney Coin-
plaint , ISurxMiB iielilllty. Mental Ie-
prcHHlou , I.OHM of Mimlioocl , Hcin-
iiinl WcaltneHH , niuljctcu , lliijjiit'H DU-
rasp , 8t Vltua' Dance , Ilheuiiintlsni , 1'araljsls ,
U'lnto SueUlntr. Scrofula , Fever Sores , Tutu.
urn nttct 1'lHtiiln In line rcnio\cil
\vltliont Hie UnITu or drawlnc : n
drop ofblootl. woman wltli licr
tlcllcato orjraiiH roHtorocl tn
lifaltli. IlropHy curcil wltliout
tapnlitf ; . Hpuelal Attciillon Rltcii
to I'rlvate and Venereal DlHcaHCH
of all IcIndH. 810 to 950 < > aiorK'lt for
any Venereal iMHcanu I cannot euro
wltliout aiercury. Tupo Wornimi'inovccl
in twoor three houis , or no pay. HcuiuriUoIJa
or IMIcs cured.
TIIOSK WHO Alt 15 AI'I'MCTIID
Will save Ilfo ami hundreds of dollars by call *
Ingou or iislnif
OB. G.W. RANCH'S HERBAL MEDICINES.
Thoonl } I'hynlrlnu n ho rim I ell wlmtulU
a pornoii ulthotilinking u ijiivotliin.
Tlioin nt it ilUtiinrx M'licl for Oncnllon
lllnnk.No. 1 for men , Jn'ii. " for omen.
All correspondence B trlct I y confidential ,
llfdlcino sent liy express. Address all letters
o.v. . PANfii.i ? , nr. i > . ,
555 BPIOADWAY , COUNCIL
Cocloso lOo la stamps tor reply.
M fwn w s c ' 0
$ 3STOE IS THE BEST.
TIT FOB A KINO.
. CORDOVAN ;
FRENCH 4 , ENAMCILCD CALF ,
* 3. L < > poilCE.3 SOLES.
EXTRA FINE-
2.l.7 = EOYS'SCHOOtSHOEl
END FOR CATALOG
,
Over One Million People wear the
W. L. Douglas $3 & $4 Shoes
All our shoes nre equally satisfactory
They stive the be t value for the money. '
They equal custom shoes In ( tyle and lit.
ThIr wearlnz qualities arc tinaurpatged.
The prices ore uniform , - - - tiunpej on sole.
prom Si to $3 saved over other makes.
If jour dealer cannot supply jouv.e can SolJbj
A.W. Bvvman Co.N.f6thSt
J. C.Carlson , 1218 N. 24th S&
W. W. Fisher , Parker and
Leavenworth St.
J. L , Newman , 424 13th St.
Kelley , Stlear & Co , . Farnam
and 15th St.
T.S.Cres5ey,2509 NSl. , South ,
Omaha.
UCHJ CAflCC AiaiAIIOUTUIIANQINa .tn
ntn rilUCO thoKeuturciaiKUtuniov/Ttai
Ing Illemlslin , | n 1W p. took foe a utann.
.loll n II.Vumll > iiry , 13TW.H < tM..N. V.
' 'T nUjr of Woodbunr'B facial tfoivu.
Special Holices-Council Bluffs
cin.MN'uvs CMANIDJ : VAUI.TH CM ANCIX
ia Llurke , at W B. lloimr'a , SM Hro.tilwuy.
flllJIT I'AIIM AND aAIlUIJN lAND ! FOtt
tal cjieap ami on cany terms. IJuy & lltts.
J3 1'earl street.
PAIIM T AN DH TO KXCHANQR I'Oll CIT
properly. C. It , Nlclioluon , UO'.i llruadnay.
on
writer ; as KonU ns new. Bnndwlrh Manufacture
Ing Co. , tuJ and 10JO 8. iUIn stmi. _
{ OH BAI.U , COI.UMUUH l'HAiTON , GOOD
condition , 10) Cdsli. H. J , Adums , HIS 1'erla
HVcnue , city ,
FUIINIBH1.D nOOMS TO KENT , UKHUITU Oil
7U first avenue „ -