Nebraska Newspapers

    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.