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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 10, 1896)
1 THE OMAITA DAILY ttJ.Kj FKIPAY , JANUARY 10 , 18J)0. WARDER LEIDICtI A WINNER Supreme Court Supports His Contention and Grants His Mandamus , HOW THE PENITENTIARY IS CONTROLLED T Uovernlnir'tlir Itmlllnllon IJt- onndcit In tlir Caiiftinliin > tt Clmri-lillI , Iliififipll mill llcniior Oilier MNGOIN , Jan. 9. ( Special. ) Warden Ll- dgh ! of the Btite penltsnllary haovon his mandamus case agalnsrt the Hoard of Pur chai ; and Supplies. Today the supreme cour handed down a decision allowing the wr ! prayed for. The care was an application fr a writ of mandamus on the relation of George W. taldlgh an warden of the elate pcnlten tlary to compel the respondents as members of the Hoard of Purchase anil Supplies to meet with the rclator as ruch warden nnt make an citlmitc of the s-jpplles necessary for the maintenance of the penltentbry for the current quarter , to advertlos for bidi therefor and make contracts for ruch supplies In accordance with the provls'ons of the act approved February 1C , 1877 , Compiled Stat ute. , edition 18S5 , 5075. An It appmr.i from the opinion filed , the warden has won on every point. He has never denied the right of the Hoard of Public Lands end Building * to leasj the labn of convicts , and during the past four months has had ready nearly 150 convicts , whoie labor could have bien profitably employed 1-ad not the board Insisted that It must al bs done through ono A. D. Heemer , whew authority Leldlgh contested. It appears from the opinion filed today that the supremi courl agree * with the warden.as to the powers 01 the Hoard of Public ' . .amis and Itulldlngs The pyllabua administers a severe rebuketo th- > chairman of the board when It taya thai "tho state treasurer , and not the chairman of the Hoard of Public Linda and Buildings 13 clnrged with the general duty of receiving and disbursing the public funds , hence the latter Is not chargeable upon his olllcla band with money of which the former Is law ful custodian. " Governor Holcomb said regarding the de cision : "From a hasty reading of tl\s \ opinion I ohould ray that the court had grantid the point contested for by Warden Leldlgh In allowing the writ. He- has nevJr contended that the board had not the authority to lenw the labor of convicts. I consider the diclslon an largely In favor of the applicant for the writ. " The governor Is made defendant In the case fnr the reason that he Is the chairman of the Hoard of Purchase and Supplies. But at all times he haa been ready to grant the request of Lsldlgh and furnish the necessary mainte nance for the convicts. Unwell and Churchill , the other members of the board , wore the rc- calcltranta. LstdlRh baa for five months sup- pbrtcd the penitentiary at his own p'rsonal expense. From the rtate auditor It la learned tbit but $2,000 of the $101,000 legislative ap propriation has been used for maintenance , and all of that sum was used under the ad ministration of Warden Doemer. The lat- ter's alleged c : trnct with th board Is , by the declolon , wiped out , and the ? 4,000 vouch ers which he has drawn and flled each month with the land commissioner arcr rendered nu gatory and void. Following 19 the full 'text of the yyllnbua : OPINION OF THE COURT. State ex ri-1 Leldlgh itRntnst Holcomb. Mandamus. Wrll allowed. Opinion by Chief Justlc * Post. The provisions of section 32 , act or March 4 , 1370 , that nil triinictlons nnd dealings of the ntnto penitentiary tlmll b conducted In tlie.nami ; of the warden thereof , "who shall be capable of suing nnd being sued In all' matters concerning said prison by his rums ot office , " cohlllcls with sectlbn 19. nrtlclo v , of the constitution of 1S77 , creat ing the Hoard of Public Lands and Bulld- ihg * and denning their duties , ns well as tlie net of February 13 , 1877 ( laws of 1877 , 18S ) , nnd was thereby repealed. 2. Independent of statute , nn notion may be maintained on ths relation of the warden of the penitentiary against the Hoard of Purchase nnd Supplies to require them to provide the necessniles for the support of the pfiiltentlnry In accordance with the provisions of the net of February 15 , 1S77 , entitled "An net to regulate the purchase of supplies for the public Institutions and executive departments of 'the state , " Mnce the object of such n proceeding is not the Vindication of a mere private right of the relater , but the enforcement ot n public duty which the respondents owe to the Etntf. 3. The powers and duties of the warden of the penitentiary arc defined by ' .he cct of 1S70 ( general Ftntutes , 1031) ) , nnd he continues tn be , as 01 Initially ( ItFlgnod , merely the keeper of the prison , .subject to the management nnd control of the J'oard of Public Lands and Buildings , as lha suc cessor of the Hoard of Inspectors , created by said act. I. The power conferred upon the Board of Public Lnndnnd Rulldlngs by action 17 of the net of Fcbluary S3. 1S77 , to lensp the convict labor of the state for a period not exceeding ten yen is N not u continuing power , but was on the contrary exhausted by a single user. 5. S'ctlon 5 of the net of 1895. wovlilmp for the leasing of the convict labor until the last day of the next session of the legislature , fs not within the title of Raid net , to-wlt : "An net to annul a contiuet between the state of Nebraska nnd W. II. Morgan , alleged nswignej of C.V. . Masher , for leasing the penitentiary , penitentiary grounds nnd convict labor of the state of NcbraHka and to repeal all nets und pails of acts in , conflict with the provisions of thl act , " Riid Is therefoic In conflict with Iho provision of section 11 , article III , of the constitution , requiring- the subjects of acts to be cienrly expicsscd in their titles. li. It Is apparent from the whole of raid net. Including the title and preamble , that the words "for lousing the penitentiary , penitentiary grounds nnd convict labor , " as employed In the title thereof , are descriptive merely of the cnntinct referred to , aril not ciubtnclng n pcptuato and distinct subject of legislation. 7. The Mould of Public Lands and Tlulld- Insrs Is by section 19 , article v , of the eon- Ktltullon , nnd the net of Fcbnmry 13 , 1877 , Invested with the general mnnngem"iU und control of all of thu public Institutions of the state , except Iliosa for edticatMml i ur- jioscs. nnd may , in Us discretion , lease Urn convict labor , penitentiary grounds , shrps nnd machinery therein , together with any properly connected with or Incident thereto. 8 It l within the power of the Hoard of 1'ubllc Lands nnd Itulldlngs to provide by conttnct for the feeding nnd clothing of the convicts In the penitentiary n. one of the cotifldHiatlons for the IciiHUig of their labor. And such nn agreement with a responsible ICHBCO wild l ready nnd w.ll- Ingto perform thu nindltlons of his obliga tion would bo suflloljni justlflrnllan In a rnorofdlng of this chaincter. fl. The contrnciof or lessee i-i"nnt oven With ihe assent ( f he Boaid of Publ'c LandB nnd Itul'.illnnH 1111111 any of the functions of ( ho warden as Hie keeper of the prison , although he nuiy , nnd douhtlr > should , ho nccoided such prlvlleue-t , consistent with the rule presetIhed for Iho Knvcrnment of the prlwm anil Ihe health ami Hiifeker-plnR of the convicts , us nro. nei'sseniy to entry Into execution his agreement wllh Ilia state. 10. It boliiK Impothlblc for the Ilonrd of Public Lands nml HullilltKnv : to personally dliect the mamiKcmont In detail of the numcrniM public Instllutlans of the xtnte , < licy iiiuift from the necoKHltles of the rase tiniigact much of Ihe business pennliilnir to nuch Institutions Uitough aKcnU of their own cnMtlon. 11 , In Ihe ubsenco of statutory restriction , express or Implied , It Is within th ? pawer of snlil board lo appoint nn OKcnt on he. half of the stnto to lento or nmmiKe 1)10 ) convict labor us well ns Iho shops und niuchlncry within the penllnntlnry. 13 , ICxrept when furnlKhwl by the ton- tractor nursuunt to nn nKr-pinont with the ntnte , tlio method pre erlbed by Hlntiit.- . nccf Kolirunry IS. 1S77. for proi-uiInK Bupplles for the suppoit of the penltiMitl-iry , i exclusive , Vnd ih'o Hoard 'of iVilillc nnd Uull'lliiffs cannot delegate to nn ntrent of th Ir own selection the dlahuiwinpnt "f money appropriated for that purport- . 13. Contract relied upon by rvionilin | examined mid lU'UI a ineie .ippotntitifnt cf 11. . the nlleged contractor , nn ngcnt of the Btnte to IcoKe th convict labor to thhd parties nn-J to disburse the fntul appro- prtated fnr the support cf Ihn peidtentl'iry It. Tim Htnte troimurer. nnd not ( lie chair- , ninn of the Hoard of Piilln J .inJii and lliilldlnRf , Is cliurti'd with the genurnl duly of receiving nnd ilUbiifshig the public- fund * , hencO the latter Is not chariruuble up .n his atljclal bond with money of which tln > former la tin ; lawful cu.stodl.in , 1.1. Hcrlpiocul promises nil the hauls of a valid agreement musi be equally ob'lgntory upon ( lie parlies , t Dint each may hnv > > nn action thereon. OtheiwUe mch ngrc'- mrnt Is nudum partuiu. TRANSKKH SWITCH LAW FALLS. Another Important iVcnon ! ! rendereil todsy I * that of what are known at ths "Transfer Ewltch Cases. " Tli9 kiipreine court atllnns the nillnin cf lh lower conrU , which wore both ftdvoMo to the Slat * Hoard of Trans portation. The object of the law , which hl.i been found lo bo Invalid , wet to compel rall- roids to accept car * at any po'nt on their lines without tin delay And annoyance cf un loading them and the nddtsl erpeniK * . The bill WAR Introduced In thb penate In the ICR- Inlatlvo se lon of 1893 , by Senator Pack- wood. The flrct cas under the new law was tried at O'NclHi before Judge Chapman , who found the law defective , and dec.ded In favor of the nilihorn railroad , against whom the suit was brought. Another case so-n fol lowed nt Srlmylor , trl d before Judge Mar- nhnll , Involving the mme points , but In which the Vulon Pacific road wis made de fendant. Judge Marshall held that th ? law wag defective and also found for the road. Th- > cap ? war appealed to the supreme court by the attorney general ami Secretary nil- worth' tf ths Hoard of Transportation , and the- supreme court now sustains tht decisions t-f Judge * Chapman nnd Mimnall , The weak point In the law U n technical dcf cl In the bill which falto to repaal csrtaln provisions of the old law. Following Is tbo pyllnbni : Stntc ex lei Hainl of Tran portntlon ngalnst Sioux City. Omaha & Westein Kail- w y company. Kiror from Holt county AinrmP/l. Opinion by Comml.'sloncr Hyatt. The construction , placed upon prov slons of the fe'deral constitution by tha supreme court of the United S4ntei must bo followed by the state courts In nil matters ti which . uch pro visions nrn nppllcih'e. Follow'n ? Frnnk'ln nenlnst Kelley 2 Neb. 73. Uressler agiln't Wayne county , 25 Nrb , 4G3. 2. The provlRlons of chapter xl , laws ot IMS , which require railroad companies ns an nlirolute flnnMty and williuut the right of Judlclil Investigation by due process of law , to carry fro'ghts over long lines for the same rates as required by nnv railroad company fop hauling the same freight I-- tweon the same points by n phorter line , no matter how pront the dlspailty in the length of such hauls may be , Is In conflict with the provisions of the fourteenth amendment of the constltullon of the United States that no stale shall "deprive nny person ot .Ife , liberty or property with out duo process ot law. " Following Chicago cage , Milwaukee & St. Paul Railway com pany ngalnst Minnesota , 31 U. S. 418 , 43S nnd Ilengnn ngnlnut Farmers' Lann nnd Tiust company , 151 U. S. 3CJ 3. It Is not within the power of a court to make such an arrangement for the busi ness Intercourse of common carriers as In the opinion of such court they ought to mnke for themselves , for fuch function Is leEls-lallve. rather than judicial. Following A"F. . & S. F. H. Co. against D. & N. O. It , It. Co. 110 , U. S. G07 ; Pu'lman Palace Car company ncalnst Missouri Pacific Hill- way company 115 , U. S. 6S7 ; Kxprcss cases 4 ! Tlie power of the legislature to require railroad lines to build and maintain trans fer switches between themselves being but an Incidental consideration Is not discussed or dccldul In this case. The main purpose of chapter xl. laws of 1801. being the regu lation of business Intercourse of connect ing railroad companies , said net Is held Invn'.ld as not being susceptible of enforce ment as nn entirety for the reasons given In the second nnd third paragraph of this syllabus WILLIAMS GETS A NEW TRIAL. The findings of the- district court of Jeffer son county In the oas-o of Gerge Wlllams. convicted of murder In th ; second degree , and sentenced to the penitentiary for thirteen years for the killing of Charles A. Smiley on the 20th ot August , , 1804 , were reversed b > the supreme court and a new trial granted. . Th ? defense ot Wllllanm was Intoxication and that he was In a frenzied state caused by opprobrious " probrious remarks made about" his wife by Smiley , nnd that the latter awfulled him. Following the assault Williams' sscured a re volver and shot Smiley. Tie findings of the lower courts were reversed for the reason that In Its Instructions the court recited evi dence which was not befora the Jury and In such a way as to Imply that the court under- stocd such evidence to bo In the ? record. It also assumed functions ) of the jury In In cluding In Its Instructions deductions made from the evidence nnd Ignored certain ovl- denco of the defense as to temporary In sanity. In the case ot the state on relation of Qeorg ? Hocknell ngilnH Oeorg ? W. noper and "others , the ccurt sustains an opinion by Commissioner Irvine , a motion to strike out certain answers flled by Intervenors. This ID the Hed Willow county seat fight between Indlanola and McCook. The answers In volved are filed by certain county officers and citizens who are friendly to Indlanola. In addition to showing th-it McCook received but 1,339 votes o"ut'of 2,237 , or less than the required three-fifths , the answers set forth that the county owns lands and a court house and jail at Indlancla and not at McCook ; that Indlanola Is more convenient geograph ically and that a majority of electors do not desire removal. The- latter allegations are ordered stricken out as having no bearing on the question of the will of the electors. The court holds that U cannot go behind the returns In regard to alleged Irregularities In the election. SYLLABI IN OTHER CASES. Other causes passed upon by the court and decided were : Lewis ngalnst Harker et al. Error from Hurt county. Petition In error dismissed. Opinion by Judge Norval. An order sustaining a motion to quash a summons Is not revlcwable until followed by a final judgment of dl ml'sal. Lanham against First National Hank of Crete. Krror from Sallno county. Atflrmed. Opinion by Judge. Norval. Monev paid as usurious Interest to n na tional bank cannot bo set oft In a suit brought by the bank more than two years nfter such payment to recover the principal sum , . Lanhnm ngalnst First National Hank of Crete ct al. ICrror from Lancaster county. Atllrmcd. Opinion bv Judge Norval. Lnnhnm. ngalnst First National Hank of Crrto , decided herewith , followed. State ex rel Itartow ngalnst Eastman , county clerk , ot al. Mandamus. Writ de nied. Opinion by Judge Norvnl. The tally list required to be sent to the county c'erk Is a part of the election re- 'urn.s ' , nnd Is proper to bo considered by , he canvassing officers , nnd where there Is i discrepancy between the certificate of the elect'on ' board and tally list ns to the vote cast for any person. It is for the canvasscr.s to determine which correctly states the vote after maklnir comparisons with the 1st of those purporting to have voted nnd they should make the abstract of the vote ami declare the result accordingly. Hards against Platte Valley Improvement company. Krror from Mrnick county. Af firmed. Opinion by Commissioner Iligan , The mere mismanagement ot the affairs of n corporation' will not leleaso a atock- lolder from h ! obligation to pay for the slock subscilbed by him. 3. It Is the duty of n trial court to direct i verdict for the plaintiff If the evidence vould not support a finding for the defend- mt. * ' 3. The evidence examined nnd he a to jus- Ify nn Instruction of the iT.strlct court to tin1 jury to loturn a verdict for the plaln- narnall ngalnst Mack. Error from Rut- ler county. Reversed and remanded. Opin ion by Commissioner Irvlno , In n cnnlest between a chattel mortgagee nnd ono representing a creditor of the mort gagor , the burden of proof Is upon the mortgaged to establish the bona tides of the mortgage when lie has not taken pos session of the mortgaged property. 2 , This buiden Is not cntlsflui ) merely by showing that there were notes In existence. such n * those described In the mortgage ns rccuri'd thereby , without proof of the consideration of the notes or bona fides of the debt represented thereby. 3. Wlu-ri' property has been seized under n wilt of attachment regularly Isfiiod and levied , the court jicqulrcs jurisdiction over the property , so far , at least , ns to render the custody of Its ofllcers lawful , and Juils- dlctlon to that extent Is not lost , so long ns the action icmnlns pending , by failure to serve process In Ihe main action upon thu defendant. Following Crowell against Johupon , 2 Neb. 1-K : again overruling West- colt npalnst Archer. 12 Nfb , 343. Cooley against State. Krior from Doug- laa county. Reversed. Opinion by .chief Justice Post. A complaint Is Insufllclent us the founda tion of iiroceodlngs foe caiiMtructlvo con tempt which falls to stale tfio facts con- Ftltutln : Ihe iillfceil offense , nnd showing Hint tilt ) act of the accused amounts to H frattil upon llin cnirt , or tends to hinderer or cmhirrnfit It In the administration of Justice ( In'.lflKlier ngalnst fftntc. Krror from DciiMlti * county. Uoverjfd. Opinion by Thief Jucticu Post. Thin was a proceed'ng ' .ngaliiFt the pliln- tiff In error fur contempt of onirt and Is Milimlltril tiuou the ivcord. whUh was ex amined In the cj.so of Coo i\v njralnut the Stale. And for reason * tlitroln btnteil the Judgment of conviction Is rever.-icd and the pioi.rcitlon | dUmlfiH'd , rnmnwelnl National Hank ngulnst L'pp. Krror from i'uvnco county , < \lllunrd. Opin ion bv Chief .lustlco POM Onu vxho tliriUKh his own fault nnd nrg- IPCI fnlh lo proytnt for allowance his claim au.itiiitt nn usylKixid osluto within the time allotted theicfor by tawIn confoimitv v-th | the order of the county court , 1 * forever barred and w'll not thorcnftfr bo permitted to prorate wllh other cri'illtoiv of thu cs- lnl \ Mitrrloil at llatitliiioi , HASTINGS. Jan. 9. ( SpjclaU-Clarouce I ) , Nlllls and Mlsti Phebo Hie Stalcy were nr.ir- no'l by Rev. Mr. Miam , Tuesday evening at tlu home tf Mr , and Mrs. O. N. Htaley , Nona hut relative * were preiuut. LINCOLN W01IES INJURED Thrown from Their Carriage by a Fright ened Team. GRAND JURV TO BE CALLED AT THE CAPITAL \iiin tier of Illinium of lnirlrs > uirn lo Hi * Itivi-NllKtllcil Provided Ilif Hoily li Unllpil To- LINCOLN , Jan. 0. ( Special. ) On South Tenth street this morning there occurred n runaway which was followed with rather serious results. Mrs. Dr. Abbott , wife of the superintendent ot the Hopltal tor the In- Eune , had been In the city , accompanied by two lady friends , and they wers reluming lo the liopltnl. One of tne horres broke the carriage tongue. The animals got beyond the contr : ! of the drlv.r nnd ran away , throwing out the four occupants of the oir- rlage. One of the ladles , Airs. Keene , suf fered a severe fracture of the collar banj , besides being bruised In a painful manner. MM. Abbott was badly hurt about the face and fc'ead , but suffered no permanent or dan gerous Injury BJ far ns known. The other lady and the driver owiped without Injury. MRBTINO OF HORTICULTURISTS. The annual meeting of the Nebraska State Horticultural widely will b ? held nt the State university , beginning Tuesday , January 14 , and continuing three days. Following Is the program of the meeting : First Day , Morning , 10 O'clock Renewing acquaintances nnd receiving memberships ; placing fruit on the tabs. ! Afternoon. 2 O'clock "Irrigation for Or chard nnd Garden , " Hon. I. A. Fort , Ncrth Platte , Nob.j "Chartlcal Lecture on Orchard Irrigation nnd Cultivation , " Lute Wllcox , editor of Field and farm1 and author of "Irri gation Farming , " Denver , Colo. ; "Water Sup ply of Nebraska. " Prof. O. V. P. Stout : "Strawberry Growing with Irrigation , " J. W. Stovcnson , North llend , Neb. ; "How I Ob tained and Use Water , " John Tannahlll , Co lumbus , Neb. ; question box. Evening , 7:30 : O'clock Report of secretary : report of treasury ; , president's address ; ap pointment of c mmlttoje ; "Sunshine and Cloudiness In Relation to Crops , " Prof. 0. D. Sneezy of State university weather service : "Conservation of Soil Moistures' , " Prof. T. L. Lyon , State university ; "Preparation of Soli for Orchard and Garden Work , " P. Ycungr , Jr. ; "Deneflts to Be Dsrlvcd from Thorough and Clean Cultivation , " dlccusslon led by S. W. I'jrrln ; "Cultivation for Irrigation , " J. M. Russell , Wymore ; "Obasrvatlcna on Soil Moisture , " H. ti. Emerson , University Place ; report on fruit crop qf cast central Nebraska O. A. Marshall ; report on fruit crop of northeast Nebraska , R. N. Day ; report on peach crop for 1S93 , J. M. Rusuell , Wymore' report on fruit crop for 1SD5 , Paul Neine- check , Humboldt ; report on frujt crop for 1895 , E. E. Sinborn , Springfield ; report on fruit crop , Georg ? L. Allen , Lslgh , Neb. ; question box. TOPICS FOR THE SECOND DAY. Second Day , Morning , 9 O'clock Reports cf csmmltteea ; "Tho Raspberry , " W. J. Hesser , Plattsmouth ; "Botany of the Hush Frulto , " Prof. F. W. Card , State university ; "Botany of the Strawberry , " Dr. C. E PCS- jay ; "Are the Hlrdn Friends of the .r.ortl- culturlsto ? " Prof. Lawrence Bnmor ; "Neg lected Native Fruits , " P. Younger , Jr. ; "Most Prrfltable Varieties of Gooseberry and Cur rants , " A. J. Brown , Geneva ; "Summer Fruitr in Central Nsbraska , " W. F. Jenkins , Ar cadia ; at 11 o'clock election cf offlcero for ensuing ye-ar ; report from Fillmore county , P. A. Murphy , Exeter ; report from Richard son couniy , u. A. siayion , saiem ; "now to Plant a Tree , " W. F. Jenkins ; question box. Afternoon. 2 O'clock "Experlmsnto In Hy bridizing 'PlumTheodire ' Williams , Ben. Don , Npb. ; "Taa Farmer's Garden , " C. A. Whltford , Arlington ; "Strawberrlcp : .Plant- Ing , Cultivation. Varieties. " 1. , 0 : Williams , Council Bluffs ; "Raspberries ; and Blackber ries , Varieties and Cultivation , " R , D. Mc- Geehon , Atlantic , la. ; "How we Grow Small Fruits In Washington County , " O. A. Mar shall ; "Shade and Shelter for ths Farm. " G. A. Slayton , Salsm , Neb. ; "Orcharding In Gas' County , " "Statistics on Commercial Orchard ing In Nebraska , " E. M. Pollard , Nehawka "Fruit Packages , " W. R. Harrls > ; subjects fo discussion. "Cultivate the Local Market , "Winter Prelection , " "Experience with Nc\ Fruits , " "Cost and Method of Packing Smal Fruits , " "Home Canning of Fruits ; " "Is th Troa Vendor a Necessary Evil , " J. H. Had klnoon ; "What ! Can the Horticultural Society Do for ths State ? " "Orcharding In Easter "Nebraska , " E. T. Hartley , Lincoln ; "Th Blackberry , " C. H. Barnard. Table Rock "The Currant , " J. P. Dunlap. Dwlght. Nob. "Somo Lessonn of the Drouth , " C. H. Bar nard. Evening , 8 O'clock , University Chapel- Vocal solo , Mlsa Florence Worley ; an addrjfs "The Ethics of Horticulture , " ReV. C. S Harrison ; the State r'ortlcultural soclet } combines with the university lecture courf" for this evening. Third Day , Morning , 9 O'clock Dsferred papers and dlsousslons ; report of committee n revising rules for exhibits ; revision o premium llsl ; revision of recommended frul list ; appointing standing committees. LINCOLN WANTS A GRAND , JURY. There ars rumors around the city to the effect that a grind jury Is soon to-be mm moned by the district court for the purpose of Inquiring Into a number of Important mat ters. It Is alleged that It will be called at the February term it court to Invjstlgate numer ous Instance ? ofj false , swearing on the part of wltnfSfos In the Davis murder case , as well as other caszs'tlut have attracted con siderable attention. It Is also said that It will look Into the late case of alleged jury bribing on tha part of Attorney Blodgett Carl Schmltt and H , H. Spelman In connec tion with latp dlfclosurcB made by William Wenzel. Still another ground for Invjstlga- tlon Is said to be the me open manner In which the gambling , hois3s , ! have been allowed to do business. 'IJast night they were all or- d'.rod closed"but it Is said that the Jury , II called , will probs the matter to the bottom and poalbly Indlct' some of the keepers. Irn p Year Hall r.l 1'lnllmiioulh. PLATTSMOJUTH , Neb , , Jan. 9 , ( paclal. ) A leap year" bill was given last evening at the West End opera house In' this city. The ladles proved superior entertainers. Miss Janda and Miss Kolaselc presided as floor managers. Among these present weret-Mlsio ? Marie Swoboda. Frances Slavlcek , Anna Weldemann , Cella Speck , Anna Cllcdt' , Ida Duscno , Katie Laudanschlager , Molllo Mar- tain , Maml. ? Knehnke , Hoia Swcboda , Vina Koukal , Mary Mlcin. Anna Uajeck , Hernia Janda. Funnlo Junda , Mary Karnanek , Francis Kumbal , Pauline Kolasek , Julia Jnnda ; Messrs. George Koehnke , Jamev Skomnl. Emll Wurl , Juliuy Pitz. Emll Ptak. Erneit Pflffer , Bernard O , Wurl , Joseph Peters , Otto Wurl , Frank Hally , James Kohoutek. Anton Llbersot , Frank , Woster , Jchn J. SwoboJa , Otto Huckmyer , William Ohm , Lannlr Jnnda , Mike BaJck , K. E. Fogerty ; Messrs. and Meddame * Charles Vltamvaa , Ed Fitzgerald , William Hyba , Otto Vltamvas and John Skcmnl. NYIiraxUn Kiirmor Iiixliinllx Killed. NEWCASTLE. Neb , , Jan , U , ( Spjclal Tele- Kram. ) Tim Rpsa , aged CO , living ono mlle west , whllo In town this evening ran In front pf lila runaway tean\ and was killed In- titantly. Ho leaves a wife- and four children , GRAND ISLAND , Neb. . Jan. 9. ( Special. ) Einerscu Rogers , a prominent farmer living near this city und n man well advanced In years , w < iu the victim of a terloiu runaway accident yesterday , His hors > became frightened and UGinanagoablo and comp'.elely wrecked the buggy. When Mr. R.gors wac. extracted ( rum the wrick his head was bleedIng - Ing prduEcly , and It wnu feared that ho was fatally Injured , There weru no bones broken , however , and BO far thcra nrn no Indications cf Internal Injuries and hU rcpovery la lookjJ for. Siiflnl Hvrut at Plrrcts PI13RCE , Npb. . Jan. 0. ( Special. ) Lsal night occurred at the opera house tin card and dancing party given by Mrs. Ilaian Turner and MM. William IleclUer , AUout 12S gucjts responded to Invitation ) sent out by the ladles. Dancing and card playing con stitute ! the program. Hefretliiniiita wre erved. The muuic waJ turnluhed ly tha N'rfolk orchevtra. AIIMV nrurtcnii COMMITS l.lctilcniliU : Mtvirt of IlirMnlh Tnkcn n l ln Oirn I.lfr. FORT RflBINaoN. Nob. , Jan. 9. ( Special Telesrnm.TtjtlO:45 ) ! , o'clcck this morning First Lieutenant Swift of the Ninth cavalry con-nilttcd tclde | | by shooting hlmsrlt throttnh thCft Ivrnrt , Ho had been post ex change offlc/jr Rpd et'ng commlswry oHlcsr , DttrlnR tlie.jiajt ( week ho wan relieved of both duties' an'a there 1ms bien nn examina tion of hls'tfccHAnts In both places solus on. He leaven arwtfd nnd largo family. LleutennDtji f-y lft WJB led to this net by apparent ttfuibl ID hlo accounts ns cantstn ofllcer. UtV'A 1'Qlng ' relieved from charge , he c.nflne-1 hliu.vHt jo his quarters nnd occupied lilmsclf In writing and figuring almost con tinuously ; this , his frlcndn think , unbalanced his mind. Ho irrot * letters to his family , dated three dayo ego , directing what should be dona nfter no wzs gone. He wrote a letter - tor thlfl morning to Captain Rucker , asking hlni to see that his family wer * acconled their rights. Ycs'.erday , when requested to give same Information of the bake riiop ac counts , he said : "Pleapa put this oft until tomorrow , when I will settle everything. " T o flri't Intimation was given by the re port of n pistol from his room , where , upon entering , hc-nns f6und gacplng his laot , with i bullet hole- about , two Inches above the left nipple. Th * b : < ly IP now lying In the post hoiipltal , and preparations are In progress for bis funeral tomorrow. Nothing definite can bo naaTtalnod Until oil his papers have ben examined , which will take two or three days. nivnmo THIS SCHOOL i < -u.\ns. SJnto MnucrliiU-ndrnt Corlir-fl Clvcn \ollcc \iiiioi-tloiinu-nl. . LINCOLN , Jan. 9. ( Special. ) State Supr- Intcndent Corbett has made his semi-annual npportlonmertt the state school funds aa follows : To Hon. Eugene Moore , State Au ditor : As appears from the certifi cate of Hon. J.s. . Hartley , Btnto treasurer , made on the 20th day ot December , 1853 , there are now In his hnnds nnd subject lo apportionment school money ? , which were derived ns follows : S'nte tax $ C3n23.1S Interest on United State ? bonds. . 3iXt.no Interest on state bonds 13,0500 Interest on county bonds . : . . CI.24G.23 Interest on school district bonds. . 68.65 Intel-eft on school. Inads sold C4.438.05 Interest on school lands leased. . . . . . lS.filG.31 Interest on state deposits 2,101.20 Total amount , $218.336.33 In compliance with the provisions of sec tion 3 , subdivision XI of the school laws , I hav * apportioned the same lo the soveial counties ns follows : Whole numbar of children , 332,023 ; amount ! apportioned , ? 21G,33G.3.1 ; rate per scholar , SO.G115I29. _ No. of Am't. County. Scholars. Dus. Adamo G.003 $ 3,630.72 Antelope ; 4,003 2,4ii3f < ! > Hnnner fir.9 404.0S Uln.lne , ll ! 119.22 Hoone 3.G77 2,2Vl.G7 uox uutto i.ras ion,49 Noyd 1,034 1.00I.1G Brown . . .i..ii. . . . ] ,3S i 851.7(1 ( 'luffnlo . ' . G.099 4,301.1 ! > Hurt , . . ' J.n'jo ' 2.CT4 40 Rutler ' ! . : fi 632 3,173.40 Cn--p , ( 8,031 4tM.OS ! Cedar 3filfl 2,2 < i7. ( ! ' ; 31WFO ' . . . ' ! C 959 CS9.K ! Cherry - . ] , nt niS.1.1 Cheyenne 1,139 Iro7.2l Clav : . .I..U. ' (1,179 ( 3,797.26 Colfnx . . .V..IB. 4.405 a7H.OT Cumlng , . 5.016 3OS2.fi5 custer . . . : ; . . , . : . 0.512 4.014.19 Dakota . . . . . . : 2.196 1,319.54 3awos "I/ : 2,770 1,702.28 Dawpon . .u.\c 4,110 2,525.77 J > uel , , , 015 5S2.31 3,411 2,098 OT i't j , 7,519 4,620.75 . . { ' . . . , . . . ' snr.5i 22,339.15 3undy . . . . < > . ! . .I..T. S7 < 3 51S34 Fillmore .i.-1. , ! ) E.742 3.52S.71 Franklin . . . . ' , . , 3,241 lB92.t'5 ! frontier 3,012 1.SS1.73 urnns . . . . , . ; . . .7 4.020 2.I70.4P Gnge . . . . . . ' ' . ' . . 10,571 G.493 IS Jarfleld . .jl.i. ' . . ? rte , 31142 fiotper . . . . : . . .i 1,001 1,169.48 . .v. . , 171 . )0.-,00 ) 1.S71 1.1-.1 R- Hall . , . . K-3'JS 3.298.87 Jamiltpn . . . ! . . { . . , 5.10S 3,137.8-3 larlan % . . . ' ! ' . : . \i 3.2R9 2.COS 91 jNves crJancr.- sni 513.40 Tltchcock T k . . l.g n 1111.71 lolt .n.ev1 . . 4,003 2.1G3.03 looker'.1. ' . . . fii sn 3.1 Toward ' , . . . - . 3,7 7 2.33.1.42 effprcon . . . . - . . . , 5faa 3.523.17 ohnson 3,131 2,440.50 Cearnsy . - 3r.m 2,189.62 Voth | 609 429.57 veya Palm 1,186 72S.5 i.lmbnll 203 127.82 OlOX 4.415 2,713.21 Ji-castar ro , S3 12r T07.i L'ncoln ' u. . . , 3.M8 2,241.81 Logan 371 , 22S.OO J-ipUP 431 201.87 Ha < i'5on ' 5.4f5 3,370.77 McPherson 04 57.77 Merrlck a.n'i 179IJ52 Nance 2,3 < il 1,45094 Nemahn 4i3fi ! 3.03.133 Nuckolls 4,150 2.551.01 Otoe . 7,3H 4,51.1.20 Pawnee 4,116 2,52146 Perkins - . 887 5f5 10 3.4IG 2,11771 2.7O1 1,661.11 6,251 3.813.35 i 3.910 2,452.03 Hod Willow . . - . . . . < . . , 3.295 20'14 J' Ulchnrdson . . . - . 7ni4 431040 Jock , 9GQ E95 19 Saline , 7,3tr , 4,493.99 2nrpy , 2.CS5 I.f5105 gaunders gOS2 1,566.74 Scotts Hluff , f,7- , 'ara 31 2 ° ward ' . n.774 3.548.37 Sheridan . - 2,748 1.CSS7G .herman . , . . . , > 2,361 1,45091 gjoux 54i ( mam Stanton . . , ' 2,147 1.142.33 Thnyer . B.2SI 3,217.21 Thomas ISO 110.52 Thurston 701 489.18 Valley . . . . . . . .A 2.491 1,5.109) ) Washington 4.755 2.92215 } ) rn.Vn.e " " 2-sa L772.9G Webster 4,171 .2,56.125 Wheeler . - ; 413 K3Kl York c.153 3,781.23 Totals . . . : . : . , .332io28 J2I6.33G.33 Done at Lincoln , this 9th dav of January , i8.90. * ' " ' n CORI1ETT , Stale c , , . , Siiperlntcndent of Public Instruction. Per V. A , Barton , Deputy. Illeycif 'I'liU-r Cnplnn-d. YORK , Neb. , Jan. 9. ( Special , ) Cornelius , rierjcl , a young man who has resided In this cjunty for somb time- , was last night arrested In Chcoter , for stealing a blcyclo at this plaoj on Tuesday. ' The wheel was the prop erty of Harry Powers. Powers had rode the wheel from the foundry , where ho Is workIng - Ing , and left It standing outside of a roi'taurant. Plorsol wan In the restaurant when Powers arrived , but lft at once. When Powers wont outsldn a chort time after wards , his blcyclo had disappeared. Ho at cnco iiUrmlsed who had taken the same and officers weto put en his track. It was un- ikr-Xecd tint hevns heading for Oklahoma and officers followed the track mad ? by the wheel to Chester , a long distance from this place. When found he was In possession of the wheel. He _ was brought back to this place and a complaint of larceny flled agaln&t hln- . hlnA. A. H. Codding ; . ' surveyor of thlo couniy , hac rscelved''a . postal from his son , Roy G , Coddles , & missionary In Africa. It wat > dated November 17 , 1895 , at Tubabudugo , wherein IIP 'speaku of the success of their band of inUM jiajlea at that place. II en ? rlc'i' WlilMl I'll r I y. HEATRICK-'jaa. 9. ( Special. ) Mrs. J. n , We ton and dauphtera , Misses Elizabeth and Catherine , gave' a progm-ilvo whist party his afternoan to 'about seventy-five of their ady friends. ti-3. 'r An InforinaLjdjncIng party was given thiy evening at ttnriroatrlce club rooms. The new county c filch If. , four In number , ook charge of ] thc-lr respjctlvo offlces this morning , and } > | iliiess 13 going on without fiction. I j The Heatrlce/drimten are making oxtetulve preparation ? tf/ attend the annual meeting at Grand Ii'lffd VTeek after ntxt , and other cltleR will have -to litu-tle to prevent Ileatrlc ? ro.-n having tUL largest delegation In at- . Gat'J counfywias' thrss republicans \ \ \ \ : uvo an tyb "o"n' nominations for stale fflcos , rei'p2Ctlvtly that of governor , treas- ircr and auditor , to say nothing of W. B , Summers , formerly of tlilt > csunty , an4 wlu , t Is said , Is willing to acc'.pt the attorn y [ encralshlp , _ _ Intt > rrHlliiK' ) Uiimntvn Sull. AURORA , Nci. . Jan , 9. ( Special Tele- i. ) A communication to tie ! H'ord cf Couniy CommlisloaEis , s'gncj by W. W. Shosnbuiger , R. W. Grayblll and fourtesn othore , c'aarues "Cu9ty Attoin y J , M. Pay ultli v.crkln ? .E il.iit th ? Intere.-t cf ths csunty * n a clasti ft W , T. Stark lor tx- p.-nssi In an Iniurinc ? cis.s v. h.c'.i Ilia bnrd had refU3d 13 aSaw ] , ljy lias cammuiced a c'J.t against Un tlijii'r.i of the d rumeni , d minding vij.000 danu < : ej ( or zUndar pnd l.btl. BANQUET TO JODCE CHAPMAN Retires After Nine Yours' Scrvico ou the Eoucli. CASS COUNTY BAR DOES THE HONORS 1'rinnhu-Ml CIHvctiM front Ollirr I'nrti lit I he Mtjilr Cndirr Ariiiinil lie lloaril tit IMiitlHinoiitli. PI.ATTSMOHTH , Neb. . Jan. 9. ( Special Telegram. ) This evening n grand banquet was held In the Hlluy hotel In honor of Judge. S. M. Chapman , who. for the past nine years , lias graced the bench of the Second Judicial district. It was given by the Cass county bar and the best citizens ot this city as a testimonial of the esteem In which the Judge Is liolil. U was a very brilliant affair. The splendid banquet hall ot the Rlloy was delightfully arranged with tables glistening In whlto linen , glittering cut glass and delicious viands. Hon. R. I ) . Wlndham was toastmastcr , and In Introducing the subject paid a glowIng - Ing tribute' to Judge Chapman , In response to "Leaving the Hcnch , " Hon. John C. Wat son spoke In a very Interesting strain. 1M- Itor Drown responded In a pleasant manner , Jndgo A. N. Sullivan gave a very witty rc- sponso to the "Eccentricities of Lawyers. " Hon. John A. Davlc-s responded to "Incidents In Law Making" In n brief manner. "Law and Lawyers" was responded to by cx-lls- trlct Clerk W. H. Dcnrlng. Mathew Goring responded to "Lawyers' Wives nnd Sweet hearts , " Guy Livingston In a very happy vein to "Tho Young Lawyers , " and Judge George M. Spurlock , "Widows and Orphans. Judge S. M , Chapman concluded with tha "Cass and Otoo County Bar. " The banquet was then brought to n close. During the banquet the Tuxedo Mandolin club rendered pome excellent music. . At the conclusion of Judge Chapman's rc- spcnss a magnificent sliver Jug and pitcher were prepcnte-,3 to the able Jurlot In n very neat and appropriate speech by John A. Davlcs , as n token of esteem nnd friendship from the Cass county bar. Several member ? , on account of sickness , nero unable to be present. Those ipresent were : Hon. S. M. Chapman and wife , John J. C. Watson nnd wife of Nebraska City. Editor Brown nnd wlfo of the Nebraska Clly Times , Samuel Wnugh and wife , Hon. R. H. Wlndham and wife , Georg'1 D. Dovey and wife , A. N. Sullivan and wife , Hon. John A. Dempster and wife of Lincoln , C. F. Stoittenborough nnd wife , W. II. Hearing nnd wife , C. M. Butler and wife. G. F. Hotibonorth and wife , Editor G. K. S. Burton and wife. Mrs. R. R. Llv- Ingstcn , H. Guy Livingston , Hon. Mathew Gerlng , Miss Barbara Gerlng , Henry R. Gerlng , Judge G , M. Spurlock , Miss Qresham and Miss Hulllsh of Wabash , R. W. Hyers p.ml Miss Rose Hyers , Hon. John A. Davics and Miss Bertha Hyers , Will Hyers nnd Miss Sullivan. AVnlioo .Noli-s mill I'crNOiinN. WAIIOO , Neb. , July D. ( Special. ) Mrs. A. O. Bent of Memphis was brought before the Insanity board at this place yesterday and adjudged Insane. She was taken to the asylum at Lincoln last night. Mlsa C. C. Ward ot Omaha is visiting Miss Ella Hill of this city. John Manners , an old Wahoo boy , who has- - been working at Mlndcn , I ? at home on a visit. Saunders county Is under the new admin istration tcday , the newly elected officers having ben tmorn In last night. L. E. Groves succeeds M. Newman as county judge , George Buck begins his second term as sheriff P. H. Oleson suipre ilH lilmsnlf In thp tr < visiirv C. A. Wcnstrand succeeds W. 0. Rand a ? clerk , P. J. Carey aa clerk of the district cnrt succcodo himself , and Dr. Torgny Ander son succeeds DrrP. E. Way as coroner. ClinilroiiVanH it SiiKiir Fnotnry. CHADRON. Neb. . Jan. 9. ( Special. ) Chadron has not yet given up hopes of se curing a sugar beet factory , If the very en thusiastic meeting ot citizens held last night b any criterion. Although the parties hav ing the matter In chart" * last year , through over-eagerness or selfishness , failed most dismally , still ths people are by no means discouraged , and after many addresses had been made to the meeting last night , teem ing with straightforward remarks , the follow ing committee was elected by popular vole to hole Into the standing ; and reliability of Mr. Musy , the French promoter who Is now figuring upon putting In a plant at this placs : A. C. Putnam. W. H. Reynolds , Charles Mann , AV. F. Haywand , G. A. Eckles and A. G. Johnson. North 1,01111 rVolt-H. NORTH LOUP , Neb. , Jan. 9. ( Special. ) Mrs. Frank Pierce of Grand Junction Is here taking care of her mother , Mrs. M. A. Brace , who Is lying at the point of deith. The North Loup Irrigation nnd Improve ment company held Its annual ehctlon of directors one evening this week , the follow ing persons being selected to represent the Interest of the corporation for the next twelve months : W. E. Gowen , Samual Mc- Clellan , 0. S. Potter , E. J. Babcock , E. W. Black. Dr i n I MO of Oliver , riu-n-r. NEBRASKA CITY , Jan. 9. ( Special. ) Oliver Phefer died at the homo of his parents yesterday , after a chort Illness. The de ceased was a young man of great ability. For several years he liad been engaged In the cigar and tobacco buslncsj at Talmage , Neb. Neb.Tho The newly cl-ecled county officers were : i-vorn In at noon tcday , and will assume their respective duties Immediately. Robert W. Taggart succeeds M. S. Campbell asi clerk of the district ccurt , and C. J. Mulllo suc- cictls James Carlin as commissioner. Thcbc are Iho only changes. John G. Mullls and Anna R. McNeil were married yesterday by Rev. Mr. Eugene Cus- U311. Kliinlijrileil HIM Ilouil. GRAND ISLAND. Neb. , Jan. 9. ( Spe cial. At ths special meeting of the ccunty board held yesterday afternoon for th ? pur- posa of acting upan the bond of William Thomssen , county treasurer , the Instrument was approval , with the recommendation that H was the best bond presented to tha county In ten years. William Thomcsen IB the only populist' cntceholder elected last year , and he delayed IHJng his bond at the regular meotliig cf the board , However , he has vol unteered 16 poy oil of the expenses of the meeting. Th ? Ijoiul la In the sum of $150,000 and the security. Is the Fidelity and Deposit company of Baltimore. CIiiNf ; Couniy Oilli-lnlH Iiixdillrd , IMPERIAL , Neb. , Jan. O. ( Special. ) The Uon'nl of County Commissioners Is In session , busily cngagE-d In approving official bonds cf the newly elected couniy officers and set tling with the out going officers , The rcm- mUsloners report nil the cfllccs , KO far as Investigated , In proper condition. The fol lowing are tha newly elected ofllcsrs ; Harry McCIcllHtid , clerk ; K. H , Button , trcianrer ( ra-elected ) : W. T. Bross , sheriff ; John Bender , Judge ; Loren Jenkins , superintend ent ; Lcn McHlrpy , burvtyor ; Dr. F , Hoff- mrlsler , coroner ; H. P. Howe , commissioner Second district. ' Kiillfil to ,11IIIo n . * ; < ( Ucinrllt. COLUMBUS , Neb. . Jan. 0. ( Special Tele- swin , ) The county stiporvlsora arc In r/'salon and ths settlement with tto county treazurer ! 3 dalaycd because cf a bh&rUi ; ? , so it Is rumored , of some $10,090 to ? 15OUO , which Is tluught will bo provided In a very few days. It Is underUosd that there are twenty good men 'an the treasurer's bond ; that the county will Icto nothing , and that In time the br.Umen ( will bo reimburse ! . ( iotH Two VI-IU-H for RUSHVILLB. Neb. . Jan , 0. ( Special Tele- grim. ) G'orie Nelson , who hao been In jail hero , charged with robbing a Bohemian farmer cf a sum of money , today pleddc-d : ; ullty to assault with Intent to commit r.l- bo y and was sentenced 10 two years In the penitentiary by Judge Westover , In clumber * . ThlJ In the JudKo's Ilrbt olliclal act elnco his ' ' ' ' ' ' ' ' ' ' ' iaUlUaiaHlU''J''iai''g ! ! . . TO VAOATK ori'MCU.1. llntnlllnii nnd DiMvrn Cnnnllm < lie Scciii'N of Conlcnln , AURORA. Neb. , Jan. 0. ( Special Tele- gram. ) The new county officers were In stalled today , with the exception of County Clerk Qua 1'Merson , populist , lie was elected by tm majority over W. C. Bailey , who was county clerk last term and a candidate for re-election. Peterson demanded his office this morning , and Bailey refused to g'vo It up , asserting that I'ctcrron was not a naturalized clllzin at thn tlmo of hi ? election nnd was not eligible lo the cfllce. Some of Peterson's friends urged him to ns-'iime the duties by force , but ho has not yet decided what course to pursue. There Is much excitement on the streets over the matter. CHADRON , Neb. . Jan. 9. ( Special. ) Within the next few days stirring scents are liable to occur around the west rooms on the second floor of Diwes county's court honip , occupied by the county Judge. Al though the present Incumbent , Judge P , E. Balrd , xvaa defeated by tomethlng like 100 votes , he contested the elsctlon of the suc cessful populUt candidate , K. S. Rlckcr , nnd dcisplto the dcclf'.on ' of Judge Bartow against him , Insists ho will refuse la turn the ofTlcs over to Ktcker until the- case has been de cided by the supreme court , CHADRON , Neb. , Jan. 9. ( Special Tele- grim. ) All of ths newly elected county offi cers took their various positions today with out attracting much notice except County Judge E. S. Rlcker , who , upon calling upon his pr2decop or , Judge P. E. Bilrd , was re fused the documents of the olllce. After a fnv words Rlcker directed his son nnd son-in- law , Nichols , to remove Balrd from the room , which they speedily did , nnd Judge Rlcker proceeded to occupy the ofllclal chair. Quite a crowd had gathered , nnd Judge Balrd appealed In vain to th'm to apilst him. Later In the day Hnlrd caused the Rlckcrs and Nichols to be arrested. Their hearing Is pit for January 18. The affair excited much In- tore : * , nnd Bnlrd swears ths end Is not yet. nor will It be until hla contest Is decided and Judga Rlckcr pays him a certain amount lin snvn tn itttn Mm. KAII.KI ) TO 1MIOH12CUTI3 KUKTSIXCKIt KxComitjJnilKi * of ttiiKP lOvoiicrnlcd liy tin SitiiorvlitorN. BEATRICE , Jan. 9. ( Special Telegram. ) A resolution was Introduced before the Board of Supervisors to.lay Instructing the county attorney to bring ncllcn against E. O. Kret- slnger for $2,000 excess fees alleged to have been collected by that gentleman when occupying the office of county Judge In 1SS4-5. During hip term of olHco the Increase of population In the county placed the salary nt $2,000 for the last year , while It had only been $1,500 previous to that tlmo. It Is said the office. Is a canrtltutlonal one , and that the salary could not legally be changed during a term. The report of the accountant , who has made n cursory examination ot the books for the two years mentioned , seems to show that KerUviuer retained somewhat more than the original salary , but net as much as ho Insists he was entitled to under the conditions of things existing at that time. The matter was argued at length nnd wllh considerable earnestness , Kretslnger making a strong plea In his own behalf , but courting an Investigation of the board , If the board had the slightest suspicion that the affairs of the ofllce had not bean conducted In strict ac cordance with law. The resolution was lost by a vote four to three. AH to Viilley County ORD , Neb. , Jan. 9. ( Special. ) Valley county's mortgage Indebtedness for the year 1S93 was as follows : One hundred and sixty- three farm mortgages filed , amounting to $100,344 ; 11 released , $ GS,011.S4 ; 39 city mcrt- gageo flled , $17,075 ; 26 releasad , $15.795 ; 1,093 chattel mortgages flled , $160,854.58 ; 478 re leased , $ C4S44. MKETIXO OF THE JUDGES. of SecMirliipf XL * ir Courl HoiiiiiN Dlni'llNMcd. The Judges of the district court assembled in the private room connected with the crim inal court room yesterday afternoon to dis cuss matters pertaining to- the courtn. Com missioners Williams , Klsrstead and Stcn- berg , who were making the rounds of the offices shaking hands with the new officials , were Invited to attend the meeting. The judges and commissioners remained closeted for half an hour , during which time the mat ter of court room accommodations was dls- cusyjd , the Judges endeavoring to- have the cummlsslonerfl express their opinions as to the oner made by tha council of fitting up rooms in the city hall for tho1 equity courts. The commissioners merely said that the county board would not be organized until the 14th Inst. and they desired to have time to consider the matter. Several matters of common interest to the Judges and the com- mlasloners were discussed In an informal way and the latter then withdrew. The Judgso passed a resolution urging the county commissioners to accept the preposi tion of the city to furnish two court rooms for the equity judges , the rooms In The Bee building to bo used as Jury rooms until the expiration of the lease. The resignation cf Judge Dickinson as a member of the Insanity commission of Burt county wa accepted , and W. O. Sears was appointed to fill the vacancy. Dr. Tllden and B. G. Burbank were appointed members of the insanity commission for Douglas county. The Judges then adjourned to nveet again next Monday to formulate rules fcr the next term. SHOT AT 11V STU.H1 > GAHTI1. Wnltcr IVIlMoii niiulf a TnrKi't for Sonit * AVI Id I'Ulol I'rncHcf. Shortly after 8 o'clock last night a shooting jffray occurred at Twelfth and Ddgo strcels. Two colored men , Walter Wilson , n Janllor In the New York Life building , and "Stump" Garth , a gambler , hecam Involved In an altercation In John Wright's paloon on lower Dcdgo street , nnd afterward went to the barb r shop of I' . E. Clinch , near Twelfth and Douglas , still quarreling. In a few mln- ute.i after the two men had entered the shop Wllbon ran out of ll.e building , closely fol lowed by Garth , who pullrd out a revolver nnd emptied Its content ? at Wilson. Four of th- bullets missed the mark for which they were Intended , but the fifth pawed through the hat worn by Wllscn , and , striking Ills forehead , cut a long gash In the skin. . Wilson ran up the alley back of the Mlllard hotel and nt length reached hi ? home , f > 13 North Twelfth Etioet , where he was after ward found by the officers and taken to the utatlon , where Ills wound was dressed. Garth escaped and Is thought to have gone to Council Bluffs , where the police arc loklng for him. Wilson stated that th } trnuhlo iiriu-e out of an old feud which aroto oevei-at months ago between his trother , Jim , and Uarth. Mini Too Much Charles Johnson , n Mexican , uppllod nt the police station last nlfjht for n lodging , und when eearchud by His otllcor In charge was found to bo the posses r of eonsldi'r- able jewelry , for \vhkh ho could g.vu no good account. Three now fcls of god ! sleeve buttons , two gold tings and a liinglii with the nama of "Qert'e Voronn" Intctibed upon It were taken from him. Ho was ar- lestcd , charged with being a character. AKiiliiHt Dli-lc IlurdlMli. A warrant has been Issued for Ihu arrest of JMck llurdlsh on the charge ( if i tinning n disorderly nnd dlsicpulable house In the Third v/aicl. It Is chaigid that n number of men nd wom ° n wtte FO < ? U In his plico at 2:15 : o'clock ono morning cf last week , Si\y ( In ( InS fill illnl Oliiiiiilii-rliifn. CHAMBERLAIN. S. I ) . , Jan. 9. ( 'Special ' Telegram. ) Thermometers In this ssctlon this afternoon registered CO degrees above In the thade. 111 Oldl'll TIKIOI People overlooked tha Importance of perma nently beneficial effects and were KatUlltd with transient action ; hut now thru It l genfrally known that Syrup of Kigs will permanently cure hcbltual constipation , well- informed pfoplo will net buy other laxatives , nhlch act for a time , but finally Injure the system The Child I.QVWS II. The Dyspeptic Dcmnml * It. Tlio Hpluuro Dote.on It. DO YOU EAT PARMEIEK HEADS THE LIST1 Omnlm Man Doing Some Great Shooting at San Antonio , AVERAGE ABOVE NINETY-FIVE PER CENT Won he 1'rliicliuil Kvcnt ot the TnitriuuiHMit O\IT Clintiinlou tlllltcH , ll.IU.It n it ,1 , MU | Oilier Crnok Shot * . 'A SAN ANTONIO. Tex. , Jan. 9. The chief event of the slip-ting tournament was the race of fifty singles for a cup , with $100 added. The race was won by Frank Parmeleo of Omaha , after shooting off a tie ot forty-nlno with Redwing of Cleveland. On the tie shoot Pnrmelee killed forty-seven to Redwing's for ty-five. In today's average Parmoleo led wUh n percentage of S5.8. Ilclkos nnd Dickey tied for second phco with 95.4. The results today were ns follows : First tvcnt , twenty singles : First , Crltzer , Loomls , Connor , twenty each. S.-coiul event , twenty ptuglcs > : First , Par- mocc , Trimble , Gilbert , Uucssas , twenty each , Third event , twenty slngl * * : First , Budd , Dickey. Holkes , Parmelee , Marshall , twenty each , Fourth event , cup , $3 entrance and $100 added , fifty singles : Parmeltc nnd Redwing , forty-nlno each. Parmelee won the shoot off. Fifth evEtit. twenty singles : First , Bartlett , Helkes , Trimble , twenty each. Sixth event , twenty singles : First. Dickey , Hclkrs , Young , Powers , twenty each. FOIIM IM.AYKIIS n AT FAULT. \ol Until ( lie IIIM | HIIIMDlil n Knvor- ilo Mu'fcoil \\IIIIIIIIUT. . SAN FRANCISCO , Jan. O. The Inglc- sldo track reopened today nfter two weeks' Idleness , fully 12,000 people beingIn attend ance , the management having decided upon Thursday as Indies' day. Thcro were many startling reversals In form , owing to the change of the track , outsiders capturing every event but the lust , \\hlch went to Pepper , whd was backed for thousands. This race was replete wllh accidents , two horses and two jockeys coming to grief. Barney Schrslbci's Jockey , C. Slaughter , was ono victim , nnd J. Mclntyro the other. Collins , upon whom Slaughter had the mount , stumbled ns the horccs entered the stretch , throwing hl rider ngnlnit the fence. Hello of Stonewall , who was behind Collins , ptumbled over the fallen horse and threw Mclntyre. It was developed that both boys were very badly1 but not danger ously hurt , nnd they wen1 ( illicitly removed to Ihe track hospital. Collins will doubt- lo w have to be shot , but the extent of his Injuries have nut yet been definitely jenincd. Wcnthcr fine ; track fast. Sum maries : First race , six furlorgs : Wyoming , 112 ( Mncklln ) , 20 to 1 , won ; Clara Wllron , 107 ( Doggott ) , 1 to 1 , second ; Pique. 107 ( Isom ) , 8 to 1 , third. Time : 1:1G',4. : El Caunen , Hed Pike , Mr. Heel , Hagar. llunlrers , Big Chief , Clovordnlc nnd Afllntus IIFO ran. Second race , seven furlongs , selling : Unltv. 105 ( Cochran ) , 8 to 1 , won ; Kowalsky , 110 ( W. Mai tin ) , 9 to 5. Focond ; Perhaps , 105 ( T. Sloan ) , IVi to 1. third. Time : 1:2874. : Third race , ono mlle : Wheel of Fortune , 109 ( Chorn ) , 4 to 1 , won ; I'M Kearney , 111 ( Doggett ) , 7 to 10. second ; Roma , 109 ( T. Sloan ) , 25 to 1 , third. Time : 1IIV : * . Fourth race , mile and a quarter , handi cap hurdle rnce , over five hurdles : Huriniih. 123 ( Mara ) , 10 to 1 , won ; The Lark , 137 ( Allmark ) , 4 to 1. second ; Tom Clarke , 135 ( Hennessy ) , 3'to 1 , third. Time : 2:1SV1. : Tetnplemore , Hclampngo , Bedford , Captain Spencer and Esperance ulo inn. Fifth race , mlle and n sixteenth , selling : Pepper , 103 ( W. Martin ) . G to 5 , won ; G. H. Morris , 101 ( HcigciO , 12 to 1 , second ; Minnie Gee , D1 ( Garn r ) , 20 to 1 , third. Time : 1:49. : Hell of Stonewall , Foremost , Leonvlllo nnd Collins also ran. TII p pi UK < lie IlnpiVlr > n. SAN FRANCISCO , Jan. -Officials of Iho Pacific Coast Jockey club charge thu Western Union wires from Inglesldc , which Is leased , by the qlub , have been system atically tdppcd and the results of the rate1 * given to nil the paol room.In toxvn at the conclusion of each race. Discharged tele- giaph operators ore suspected of lapping the wires and of maintaining an organized "peanut telegraph service. " In Its fight against the downtown pool rooms , the rac ing management has closed the telegraph ofllco ; nt the track and now no ofllces on the coast will be able to get the racing1 re- Fitlls fiom the track. Seliiltr. Won mill I'lll.sdiiry IOHt. ST. PETERSBURG , Jan. 9. The games In the International chess tournament which were played today resulted ns follows : Tachlgorln ( Black ) won ngulnst Plllsbury after forty moves In a queen's gambit de clined ; Stelnltz ( White ) beat Lasker In a queen's gambit declined after thirty move * . The &coie up to date : Players. Won. List. Lasker . ' 4 4V4 Plllsbury . C'A Vj Stelnltr. . 5 * 5H . . . . 3V < . 7',4 Churned with Cn milling : . On complaint ot Antonio Halerlo the polco ! arrested yesterday Tony Allegroto nnd Boniface Mecuse , two Italllnnt charged by Halerlo with running n gambling den at Tenth und Dodge streets. Haleilo stated that hi0- son had been fleeced out of $50 which belonged to himself , nnd that the place was equipped with complete gambling devices and tlio accompanying ropers In and grafters \\ho usually mnko this kind of H rifaort their huadquni ters. The Italians deny Halerlo's storv , nnd Htnlo they did not take the money from the boy and that they ate not guilty of the charges pre ferred. The cafco will b ; Investigated be fore Judge Gordon this morning. Beecham's pills are for billi- ousness , billions headacheclys pepsia' heartburn , torpid liver , dizziness , sick headache , bad taste in the mouth , coated tongue , loss of appetita , sallow -kin , etc. , when caused by constipation ; and constipation is the most frequent cause , of all of them. Go by the book. Pills i6c and 250 a box. Book free at your druggist's , or write B. F. Allen Co. , 365 Canal St. N.Y , Annual Kale moro than u.uuo.uuu uoxes. THE CREIGHTON TBfu , 15.11 I'axtonS llur osi , RETURN ENGAGEMENT. TIMIII : NMiiiT. , O ( TOUX'GHT AT 8:15 : , A. .M. I'lllllUT'M C'olllllllliy III ONLY MATINBB SATURDAY. l'Itf ' | < nrtIxiHPi1 H'wr. Jl.OO und II.GO ; Imlconjr , M "TI'NI-I/ ' / PUCMftMr. | " . 7.-.0 nM 11.00. mi. . | - . < VS KA.NT ASMA , r.ctvl/i a . iiiuntl.ly gulalnij , ' uudlctnc on. PEAL'O PENNYROYAL pILLS , ni.it i nn | < vrtnlnln r nil * . ThoKcnu- 'li < - - ' i ' . -iywhor& II 00. flhPnimn & McCunnc" Drug Co. , Kit DiKifi Urctt Omaha. Nft _ _ _ _ _ _ _ _ _ NOTICIC TO STOCK ) IOl7ui3R . The annual ni.'etliiB of the vtuckholdnrx of Tin- Bee llulldliii. ' . compmiy will bu hal J at thu r/lllcu uf I'll' ' ) Omaliu lie * , Omaha , Neb ut 4 o'clock p. in. , Tuesday. January 21. WO. for Iho nurposo of cVolliiK n Una il cf directors tor Iho on- puInK year and tiamuctlnif such oilier bus. lnen tis ma > properly come liufnro euch modlirt , ' By Older ot tli * iirculilent. J2-il21t N. IV i'lSIU Secretary.
