AFFIRMED THE RORTII CASE
Defaulting Treasurer of Pierce County Must
Servo Ilis Term ,
ff EDWARD F , MOREARTY GETS A NEW TRIAL
X.CIITCViiN eilven tlir I'lnliitlfT III the
Welly VITMHH XorrU CiniloNt
Cncu ( it Kilo ( Inn Wnrrniito
LINCOLN , Jan. 10. ( Special. ) The su
preme court has affirmed the decision of the
district court of Antelope county In the case
of the date against Carl Korth , taken there
on < chance of venue from Pierce county.
Korth WAS tried on ihe charge df embezzling
the funds of I'lcrco county during the time
ho was treasurer. He wan convicted and
took an appeal.
Korth Invested his own money In various
speculations , which proved unfortunate , and
thcl county funds were also entangled In the
name enterprises. When the time for settle
ment came he turned his property over to his
bondsmen for the benefit of the county. The
court , In passing sentence , gave him a short
term In view of tlilo fact.
The supreme court reversed the decision
of the lower court In the case of Edward F.
Morearty , convicted before Judge Scott of
forging an order for a trunk.
Ivnve was granted the plaintiff In the con
test case of Wclty agUnst Norrls to file quo
warranto proceedings. By this , Judge Wolty
of the Fourteenth judicial district asks Judge
Ncrrls , the present Incumbent of the judgc-
fihlp , to show cause why ho holds the oUlce
fcr which Welly It' "u contestant. The mo
tion of the attorney of Ilurncy McGinn foi
a rehearing of his case was overruled , as
was also that of the application of young
Pat Ford. The ccurt adjourned today uiitl
next \\eck.
eck.ROUTINE
ROUTINE PHOCEED1NGS.
January 7 , 1890. Court met pursuant to
law. B. E. Carr , csq. , of Hamilton county
was admitted to practice.
Lellane ngalnst State , leave to plaintiff
to file amended petition and transcript In-
Etantcr.
Moore against Scctt , motion for addltlona' '
tlmo to flic briefs overruled.
Midway Loan and Trust company npalnsl
names , Thompson against Spooner and Iowa
Loan and Trust company against Stlmpson
Motions to dismiss overruled. Leave to
appellants to file addltlonad transcripts.
Bankers' Life Insurance company ngalnsl
Bobbins , motion to dismiss overruled.
City of Harvard against Stiles , leave to
illo amended transcript.
Russell against Lavender , leave to file af
fidavits.
Ocrber against Jones , referee ordered to
report by January 21.
German National bank against First Na
tional bank , Hastings , leave to withdraw
bill of exceptions.
The following causes were dismissed
Tcnney against Klonun ; Estabroojt against
Farmers' Loan and Trust company ; Keedlo
ngalruit Lindbeck ,
I The following. camx > s were argued and sub
mitted : State' ex rcl MarqueU agalnsl
Uauslmusen- motion ; Moore ugalnst
Scott ; . City National bank ngalnst Thomas
Argabright against State , on motion ; Shep-
nrd ngaitt | ) State ; Home FIre Insurance
company against Bredehoft , on motion ; First
National bank of Sutton against Qrosshans
on motion ; Reynolds against Jefferson
county , oti motion ; Coy against Miller , on
motion ; Elgutter against Missouri Pacific
Hallway company , on motion ; Demmon
against Davis , on < motion ; Omaha Fire In
surance company against Thompson , on mo
tion ; Hoyt against Lytle , on motion ; Nehl-
ing against1 Brlggs , on motion ; Omaha
Consolidated Vinegar company against
'Rums ; Issitt against Dewey ; QouM agalnsl
Armagnsl ; Qoble against American National
tank ; Zlttle ngulmit Sohlclslnger ; Burnham
against Ilamgc ; Brown against Trenton ;
State ex rel Spurgln against Thompson
nombcrg against Hcdlgar ; Romberg agalnsl
Fokkcn ; McCormal against Redden : Callam'
against Hlllls ; Krcamer against Irwln ; Hyde
against Kent ; Nebraska Exposition associa
tion against Townley ; School District No. 1 ,
Horlan county , against Bishop ; McEvoy
against Nebraska and Iowa Insurance com
pany : Keens against Robeilson ; Gllcrcst
against Nantkcr ; Sheeslcy against Keens ;
McKlnnoy against Hopwood ; Bcrkcr against
navies ; Hlckman against Layne ; Crooker
against Smith ; Van Etten against Coburn ;
SlmrplesB against Glffen ; First National
bank , Wllbsr , against Rldpath ; State In-
nuranco company against Now Hampshire
Trust company ; Norwegian now company
against Bellman ; Johnson against Reed ;
Monroe ngalnst Hanron ; First National
bank , Chadron , against McKlnney ; State ex
rel Marrow against Ambrose ; Hosklns
against State ; Wells against State ; Coolcy
against Spirk , on motion ; Ryan against
Douglas county ; Spatz against Martin ; Ilati-
brock against Loeb ; Smith against Jones.
Lepn ! against Coon , reinstated ; Reynolds
against Jefferson county and Uhllng against
Brlggs , dismissed ; State x rcl Cooley
against Spirk , advanced ; Elgutter against
Missouri Pacific Railway company , and Mis
souri Pacific Railway company against es
tate of Joy , consolidated ; Coy against Mil
ler ; Hoyt against Little and Omaha Fire In
surance company against Thompson , motions
to dismiss overruled ; Hoyt against Little ,
leave to enter appearance of Charles L.
Sclicll ; First National bank , .Sutton. against
Grossliann , leave to redockct and for alias
notice of appeal ; Carlton against Wcodworth ,
appellant to gve ! additional security In
thirty days.
January 8 , 1830 L. W. Hague , esq. , ot
Kearney' county and M. L. Acheson of Doug
las county were admitted to practice.
MacfarliMul against West Sldo Improve
ment company , plantlff to flic counter af
fidavits In twelve days.
The following causes were argued and
submitted : Specht against Stevens ; Burling
ton & Missouri River Railway company
against Martin ; UJah National bank against
Hurke ; Thomas against Carson ; Beatrice
Paper company against Belolt Iron works.
January 9 , ISfli ! . Wakefleld against line-
Iclor , appellant ordered to return record.
In re/Edward I'etry , wrltf of habeas ? corpus
allowed ,
Tlllscu against Benschoter , leave to plain
tiff In error to prosecute appeal and dismiss
petition In error.
Fots against Dawes , appeal dlimilned.
Sexton Drug company against Naultcrns ,
dismissed.
Stao ex rel Spurgln against Thompson ,
dismissed ,
Dommon agalnvt Davis , dismissed ,
Sexton Drug company ugalnst Naultcrns' ,
affirmed.
Sliepard agalm-t State , reversed , ,
State ex rel Dartow against Eastman , order
allowing referee's fees ,
The following causes were argued and
submitted : Hall against Eccles ; Campbell
Printing Press and Manufacturing company
ngalnst Dyer : 'Wendell against State ; Mar
tin against Mile ? ; 1 1 all against Hooper ;
WRUKh against Graham ; Insurance companies
agilnst Buckitaff Uro ? , Twenty-four cawa
, ' . on mctlon ,
I' ' , SYLLABI OF DECISIONS.
Home FIre Itmirunro company against
n Ilerg & Slrry. Error from Adums ciimty ,
* /tinned ( , Opinion by Ch'cf Justice Post.
Niv mutter constituting a defense In
whole or In | mrt Is not available under u
Ktmeral denUl ; but should to specially
2 Information voluntarily entrusted to an
uttfnioy at law , where the relation of at
torney and client doe not exist , IB not a
privileged communication under the jiro-
visions of ( he code of civil procedure.
I.uwheud ngalnst State. Krror from Buf
falo county. AlllrmeJ. Opinion by Chief
Justice. . Post.
Different criminal acts constituting pnrtB
of the Kutna transaction , such OB burglary
with Intent to Htcal particular property
und the BU'nlliiK of Kut-h property , muy be
charged In the name Indictment or count
thereof. Alktn against the State , 41 Neb. ,
* 6
6i. . II In not mor In a prosecution for
larceny to charge that "lh proof IB deemed
to bo beyond a reasonable doubt , " when
. .34
the evidence Is sufficient to Impress the
ludgmcnt nnd understanding of ordinary
prudent men with a conviction upon whlcl
they would net In thelr-owh most Importnn
affair * or concerns of llfo. Polln ngnlnst
the Stntc , 14 Neb. , 640. Willis against the
State , 41 Neb. . 102. , .
3. Where the Jury havf-.bcen fillly ndvlsei
respecting the illatlnctlctt between gium
larceny nnd petit larceny. It U not i-iro
for the trial court to ntVl Unit they IIOM.
nothing to do with tho-iquestlon of th
penalty , nnd that It hi1 their duty tu rcmUr
n venllct In nccordaiico with the ovldfMice
without regard to Its effect upon the cc
cuieil. Ford iignlnst Htntc , Neb.
4. Certain Instructions therein embraced
having been given by the couit on Ita DWI
motion In Innguuyc quite us fnvornble to
the nccuced.
C. Evidence examined nnd held to sttttnln
the conviction on tha chnrftc of larceny.
Stnte ex tel Welly ngalnut McKiiMen
MmiiliinniB. Writ allowed. Opinion bj
Judge Norvnl.
The dutlcH of canvnFsera ot clcctlnp re
turns nre ordinarily purely ministerial , ant
as a general rule thry nre not clothed will
elthrr discretionary or qtmsl Judicial power *
2. Where It appears Unit nn timuiUmilzcc
nllerutlon hits licen made In the return o
the vote after the return hnn hfen 'Icllvern
to the county clerk , the canvasirrs fl-ouh
disregard the nllcintlon and nml < e the roun
according to the mlgliml and true ruiuin
3. The returns of an election --oiHlnt o
the whole election proceedings which the
statute requires to be entered up.in the
poll books nnd tally list , viz ! The certificate
of the election olllcvi.s the ll.-t of thos
voting nml the tnlly INt or the number o
votes cnt for thp different persons ; ni.i
from these the abstract ot thu vote In to
bo made.
4. In case a discrepancy exists between
the ccrtlllcnte nlid the tally list nn re
gnrds the number of votes cact for a partlc
ulnr person , the cnnvuFsern must tlotennln
which Is correct after cantinirlng with th
list of votes returned , nnd decline the resul
accordingly.
5. Where * a board of canvassers has mad
n canvass , declared the result ni cl nd
Journed , mandamus will Ho to compel It to
reconvene and miike a correct canvass o
all the returns before It , It upon the lira
cnnvaro the board has failed or refused to
fully perform Its duty.
linker against Kllllnfter. Appeal from
Madison county Alllrmed. Opinion by
Commissioner Iiynn.
The questions Involved In this rare ar
the sntne111 those involved In Farmers
Loan nnd Trust company ngalnst Killlnge
ct al. It.follows that the Judgment In th !
case rendered l > y the district court phonic
be , and therefore It is , alllrmed.
liurtrnm ngalnst Sherman. Appeal from
Ouue' county. Anpcul dismissed. Oplnlot
by Ccmml slon'r Itnqan.
An ordur to be mini nnd rcvlewnble 01
error or appeal must dispose of the merit
of the cnso nnd leave nothing for th
further judicial determination of the court
No provision of the co-lo makes an onlc
dissolving or modifying a temporary In
Junction revlcwablo , cxropt In conncctlm
with the ilnnl Judgment rendered In th
action ot which the temporary injimctloi
Id an Incident.
MORAUITV GETS A NEW TIIIAL.
Morearty against State. Error from Doug
las county. Reversed and remanded. Oj > ln
Icn by Judge Harrison.
It Is siitllcleiu In an Information for forgery
gory to charge the Intent to defraud ll
general terms. It Is not necessary to state
'or ' prove nn intunto defraud any pnrtlculn
person. Housh against State , 31 Neb.,325 , re
alllrmol and followed ,
1. An order to deliver to bearer a speclfl
article of personal property Is within th
definition of section 115 of our criminal codt
In location , to forgery as "an cider or any
warrant or request for the deliver }
of goods and chattels of any kind. "
3 The older or icquest upon which the
chuiKu In this cast ! was founded , to le
bearer have designated nrtlrlc of persona
property , held to be the subject of forgery
though not addressed to any person bj
name , and where such .an order Is set fortl
by copy In an Information charging : Its
forFcry , and It la ilpp'lrcnt from Its fact
or Us termthnt tticrc was a possibility
by Its u o to deprive some person of prop
crty rights , tha Information Is sulllulen
without averment of'anv facts extrinsic to
the Instrument to extend or explanatory o
Its terms.
4. The giving of nn Instruction which sub
mils to the Jury the existence or non-exist
cxnco of a fact material to the Issues ll
the case on trial , Ivliqn no evldenco has
been Introduced which would support n
finding ot Its existence , Is error for which
Iho Judrment may t > i ) ( ; eversed.
Korth afalnst Stat'eJ'Krror from Antelopi
county. Atllrmed.OblnlJii by Judge liar
rlton. "
Allldnvlts presented ns evidence on i
hearing in proceedings In a case in tin
d'strlct court wl'.l not be examined In this
court unlMs made of the record l y belnt
embodied In a bill of exceptions.
2. When nn application for discharge Is
made by a party charged with the commls
slon oC a crime for the reasons stated li
section 891 , criminal code , thnt three o
more terms of court hnvo cluused since
the one at which the Information wus flle <
ngalnst him , without his being brought to
trial , ami the delay has not happened 01
his application , or been occasioned bv wan
of tlmo to try It , the last two stated facts
must appear affirmatively In the record bj
showing made If not otherwise. In an ex
amination by tills court overruling sucl
application they will not be presumed , bu
the mesumptlon that thu court proceeilm
repumrly and without error will prevail.
3. The provisions of section COS , compiled
statutes , ISM. as follows : "In the absence
sickness or disability of the county attor
ney and his deputiesthe court before whom
It Is his duty to appear. In which there maybe
bo business for him , may appoint un at
torney to act ns county attorney , by ai
order to bo entered upon the minutes of
the court , but who shall receive no cam.
penpntlon from the county , except us iiro-
vldeil for In section G of this act. " ( Section
S ) , this chapter. ) Held : Applicable to the
prosecution of offens-es bv Information , es-
tab'.lshed by the act of 18S5 , compiled stat
utes. ! Sy5. No. 1419 , and to warrant or au
thorize the trial court to appoint an at
torney to perform the duties required ol
the county attorney In any particular case
being prosecuted under the law In regard
to prosecutions for offenses by Information
whe.iiover the conditions exist ns stated In
section COS herein quoted and thnt the en
actment allowing biieh appointment Is not
In conflict with the provisions of section
10 of thn bill of rights In the portion where
in It refers to the legislature providing by
law for holding persons to answer for crim
inal offenses on Information of a pubMc
prosecutor.
4. In n criminal cn e "tho accused Fhall
be taken to have waived nil defects which
may be accepted to by n motion to quash
3r a plan In abatement , by * nlendlni ;
to the general IPSUP. " ( See section 441.
3rlmlnal Code ) , nnd If n plen to the general
ssue has been entered and ban not , on Have
Dblnlneil , been withdrawn , n plea In abate
ment need not be entertained ,
B. Whnre n transcript of Ihe proceedings
it the preliminary examination and the
nformation upon which nidi examination
IVIIH had were lost or mislaid from the
llles of the district court , nn order for
[ be mihMltutlon of another transcript of
uch record and copy of the Information
ivas proper and not crorneoui < .
C. The record of the proceedings In the
'xamlnlng rouit disclosed that a complaint
.vns . filed , which contained n charge of the
-rimo for which plaintiff In error wus tried
n the district court , and that he wau nr-
Hlgued thereupon und waived examination.
Held , stilllclcnt to show fulfillment of the
fqnlu'inents of section &U of the Criminal
? ode In regard to preliminary examina
tion.
7 , A. numbs-r of separate and distinct
felonies , all ot which may he tried In the
name manner , whlrh am of the same gen
eral character , rrqulrc for tholr proof avl-
deiu-o of the same kind and the punishment
of the tame nuture , may bo charged In
Kopurato counts of ono Information , and the
party thus charKi-d muy be placed on trial
for u'l ' such count ! ) at the tame lime. The
question of whether the stnto will be 10-
qulrcd to elect between the Bevcral counts
If u motion Is mtulo hyideffndnnt thnt It bo
HO required will reft In1 the sound discretion
of thn trial court , and unlesn It appears
that there has bei'n. un' nbuso of inch dis
cretion In overrulingUio , motion It will
not be available as nror.
S. In tha cnso nt Imr the defendant was
charged ullh embezzlement of the fund *
of n county while ha was HH treasurer. In
un Information containing several counts
dunging soverul and distinct embezzle
ments. He made a motion Unit the rluto
le required to ek'ct upon ublcli several
eountn of the Information It would prosecute
ilm. The Irlxl court \\llhheld HH riillMK
ipon thin motion until ( he close of the In-
troductlon of the stale's testimony In chief
it which time the motion wax miKlnlnoil
and the stoic r'qulied to elect under which
count of the rani | > : alnt. It Would further
iroeeed. Held , so fur ns the ri'ourd din-
loii-H , ( hero was no abuto of discretion In
he action of the trlul court.
0. It Is not n error tu refuse to elvu nn
nstrurllon when Ihe main purpose sous-lit
o bu effected by clvln the Instruction Is
'learly and fully embraced In nnd accom-
iHshod hy other limtrilctlon rend to the
ury , nnd It appears that nn prejudice could
inve resulted to the tight" of the com-
ilulnlui ; parly by ruon of ouch refusal ,
The act of the legislature- IS'JI. entitled
'An act to provide for the depnMtlntr of
stale and county funds In banks. " did not
t-peul fo much of vectlon 14 of Iho Criminal
; edt > as It In relation to loanliif county
uiida und constitutes such lounlmr by on
oillcer entrusted with Its care and disburse-
uciit. an embezzlement.
CITY ENGINEER'S ' REPORT
Showing of Work Performed dDuring the
Year Just Closed ,
ASPHALT PAVING MATTERS REVIEWED
VlnilnolM IIuvc lierii Hi'inlreil ( Yet ( i
liiMire Surety Tlu-j- Will Urquli-e
CIIIIMIIII ( ( mill Curl-fill Wild-It-
In tin * Future.
City Engineer Uosewatcr has filed hli
annual report with the. . mayor and In It hi
says :
The contract wotk of 1835 , Including tin
cost ot the engineering department , brleflj
summarized , Is as follows :
Sewer * , $14SC9.5G ; grading , $10,505.67
curbing and paving , $93,352.09 ; sidewalk ? ami
crosswalks , $10,03510 ; street cleaning , $ G , .
r,31.72 ; paving maintenance , $18,218.89 ; via.
duct repairs , $2,916 ; engineering department
$17,131.90 ; total , $174,643.99.
A number of sewers allowed to be con
structcd by private parties were designer
and their construction supervised by this i\o- \
partment. Among these Is the sewer Ir
district No. 209 , constructed by Mr. Hus ?
and a t'jwer constructed at the expense o :
the state from the Mute Institute to tin
North Omaha main rawer , having a tola
length of 0,230 feet , or about ono and three ,
fourths miles. In addition to these sewers
about 35r.OO feet , or nearly seven miles , o !
plpo has bean laid by licensed drain layers
for house connections. All this work wai
done In conformity with plans outllnoJ bj
the department and was laid out and con
structcd In conformity with stake ? set bj
men specially assigned for such work am'
subject to what Is known as the light test.
WATER WORKS.
Aside from this- work , reports , plans an. )
estimates on the much needed enlargemeni
of our water pip ? , system In the business
center of the city were prepared by tin
department and after a. long , acrimonious
controversy were mutually agreed to by the
water company and the city. anc
with the exception of a small portion of the
work rendered Inadmissible by cold weather
has been carried out. This work was ev
tlmated ta cost In the vicinity of $85,000
Inclusive of the material and labor of pipe
laying and the reuavcment of the trenches
It embraces In the vicinity of ten miles ol
new pipe , ranging from eight to slxteor
Inches in diameter , the greater portion belnc
twelve-Inch pipe. The difference In the
pressures will not , as some believe , b'o verj
great during normal service , but II
will become strikingly manifest dl
a fire , when ten or more- hose lines wll
bo In use. The difference In the rela.
live capacity of a six-Inch and a twelve-
Inch pipe Is as 1 to G',4 , but the friction loss
In delivering similar quantities of water foi
llko dlstancss- as 32 to 1 ; In other words ,
to deliver three first class fire streams
through 3,000 feet of pipe the friction IDS-
In pressure through the twelve-Inch pipe
will be about one and three-fourths pounds ,
whilst lit the same length of a six-Inch pipe
the loss would be about fifty-five pounds ,
It Is for this reason that the outlying dls-
trltca should have a system ot plpo mains
commensurate with theln length to meet tin
requirements ot the city's contract for hy
drant yervlce.
SURVEYS.
In addition to plans , etc. , for an Improved
fire service , the department has made ex
tensive detail purveys of nearly every sec
tion of the city to show the condition and
present occupancy of public grounds with
a vlev/i / of preventing future squatter title
to public property and enforcing such aban
donment absolutely or else making occu
pancy dependent upon definite leaseholds.
Maps of these surveys have been completed
and are now on file for reference.
ASPHALT PAVEMENT RESURVEYS.
The original ten year contract for the
maintenance of all asphalt pavements laid
up to 18S9 at 8 cents per yard was hereto
fore annually paid for upon a record of
quantities made at the dateof said contract.
The original balance was us-ed by mo In
certifying to balances until after a careful
examination material errors wore dlscovere-u
whereby It was found that about 5,000 more
yards was being annually paid for than was
actually embraced In the contract. In con
sequence the department has made a com
plete resurvey of all streets embraced In tha
contract and prepared a duplicate set of maps
showlnR In detail every district , with the
actual number of yards It contains. The
amount * paid In excess since 18S9 was also
reported to the Board of Public Works and
deducted from this year's account ? . .
All other records hitherto neglected or
kept In scattering stray notes' liable to looa
have been properly compiled , Indexed and
brought to date. The same- has been done
with all progress maps of sewerage- , pave
ments , etc.
ASPHALT MAINTENANCE CONTRACT.
The contract to keep In good condition
of repair allarphalt pavements laid prior
to 18S9 was the subject of much contention ,
owing to difference of Interpretation ar. to
what' was meant by good repair. In 1893 1
round , upon examination , that over 100 hoi en
from one to fifteen square feet each , with
numerous large- and entail cracks , could h ;
seen at any period on the contract area.
Protests against such neglect were of no
ivall. The bills of the Barber Asphalt com
pany were the only regularly attended' ' feat
ure of this contract. After refusing to
ilgn the semi-annual certificates as to areas
jf work on the ground that nich certificates
tvcrei used ar. quasi endorsement of the nork
Itself , on ordinance was prepared and sub
mitted by me to the council requiring the
: lty engineer to make monthly examinations
ind reports of the- actual condition of all as-
iihalt paved streets under contract lor
nalntenance. This , though opposed strenu-
) iisly by thecompany's manager on the floor
> f the council chamber , finally pau'id. As
i result plats were prepared showing every
iquare foot of trurfaco. with the size ami
lepth of all holes , and also the * general
: racks. This made a record that could be
ased In the court In case * of disallowance
if bills. Within ono year irom the liuugu-
ation of this system the streets presented an
sntlrely Improved appearance. The street
epalr force had been trebled at first and
argo areas were completely resurfaced. Since
hat period the asphalt maintenance' contract
iau ben substantially compiled with.
COMPETITION IN ASPHALT PAVING ,
In my former report I presented an ab-
itract of the numerous reasons why specl-
icattons for u-phalt paving should bo so
Irawu as to admit of tup widest latitude to
ompetltlon bared upon a tultable guaranty *
; ystem. Slnco then the contract for the
lavement of Sherman avenue and Sixteenth
'trect ' with California ( Alcatraz ) asphalt by
.Ir. . Hugh Murphy was carried out with
atlefactory results , so far as the material
.nd paving Is concerned , and a saving flnan. .
tally of nearly $11,000 to tbe taxpayers.
From more careful and studious obwrva-
lon of all the features of arphalt paving I
in more than ever convinced of the correct-
test , of my former conclusions that the dlf-
erenco In results from using asphalt In '
laving Is not so much duo to chemical dlf-
ercnces aa Is usually claimed , but to me-
hanlcal skill. I have seen pavements In
Imalu , Peorla and other cltlfD produced \\ttii
mil asphalts far superior to many lo-called
iko asphalt products and equal to any of ( he
oil of them , the * results being due to more
klllful and careful workmanship ,
SEWERAGE.
Over two years ago I referred to the Mm-
ortance of the "periodical examination of the
uterlor of our brick reweri and making
Inioly repairs tu avoid damaging breaks. A
Ian showing the various storm sewere In
ecd of Immediate attention was prepared
nd a copy Hied with the Board of Public
1'orhs. Nothing has , however , been * dona
i reference to this matter. I repeat , there-
ire , that the wear of constant flow on the
mt-r surface of rowers , together with iff.
cbrls In storm period * , amounts- COR.
Idcrable In the courte of from ten to fifteen
oiTt and renders timely attention even
tore Imperative than the rfpalru of streets ,
hose furluce condition U constantly In
view. The sewers ot the city , after com-
pUtlon , arc entirely In the bonds of the
fcoxver commlr..oncr and the Board of Public
Works ; the rfcrponslblllty , however , ot any
break , whether by neglect lo milte timely
repairs or otherwise , la usually attached
to the engineer. It Is for this reason that
I renew my caution on thd subject of proper
maintenance. ;
There Is still Incompletcd a .section . of the
Chicago strest wwcr , between "Eighth and
Tenth ctrects , under the ? railway tracks.
This wcrk was studlouslyya otded by the
contractor , who soi ta tit Imro sought the
Intervention of the railway companies to re
lieve him from an expensive portion ot hir
contract rather than procelJ In goo-.l faltn
until stopped In a legitimate ininncr. ShouM
any heavy storms cccur next spring ttiu
railway yards will In conseqjie'nco be
and the responsibility will -t et with the
contractor and the railway fofllclfi'A who
have encouraged him In JilrJ Course. Thu
old adage , "What begins | wrong enis
wrong , " Is applicable- thU caso. The
lowest bidder was lobbied out of his con
tract by a departure from thd regular prac
tice at an extra cost of $ SOO to the clt ? .
Having thus succeeded In securing the
award , the higher bidder has , follcwcJ the
same tactics to avoid fulfillment of ccrtatji
fcatureu ot the * contract after It was signed.
If ho has .los-t money through unlookel-for
difficulties after securing a c6ntract In this
manner , hc > certainly has no right to ask re
lict from Its honest execution ,
VIADUCTS.
Tlie cnglnetrlng department was cillcd upon
to malto plan for a new viaduct on Six
teenth street and for repairs on Eleventh
strict , but though plans and specifications
have been prepared , no work was dons. Th
demand for traffic upon Sixteenth strce
finally resulted In a compromise between th
city and the railway companies , whereby th
old work x\as agreed to be patctnd up will
a view of putting off new construction for a
few years more. The designing of there 1m
provisions was done against the1 txprosae <
judgment of the city engineer , and new tlia
the work has been done , I deem It props
fcr the bnellt of those who succeed msto
apprls-e them of the neid of constant watch
Ing of the floor syKem of the\siipers"truclitre
especially of the trusses , as this part Is o
old material and the other pirtlon Is new.
The construction of the promised Iron via
duct over South Fourteenth ttriet by the
railway companies has now b n deferred ' fo
nearly three years , and ata , confer'cnc ? will
theolllclals of the I- & M. and Union Pa
clflc Railway companies alioyt two mcnth
ago , early action was promlstd.
SPECIAL RECORDS.
In view of the dlfTlculty of ascertaining
froin the records the legal status of streets
cprcd , closed , widened or narrowed by ordl
nance of the city , the depannunt as oppor
tunlty offered has lit the past , year prepared
phis from n thorough review of the ordl
nnnres of the city , and under authority of the
council , placed them upn the cbuntyrJcords
thus making them accessible for parties In
warch of realty titles and obviating future
omissions' of private realty and Illegal a ?
so.'sment of public streets ; r
HOUSE NUMBERS. '
In pursuance ct a resolution of ths councl
passed about two months ago' men were dp
tailed from this office to examine all build
Ing numbers upon the streets , with a view o
noting errors' and causing their correction
An examination was nls-o mads of thfr nousa
number plat bpoks with a view to cbrrec
errors In the system. The data collected Is
now ready for comparison' , nml , with a' few
\\eeks work , can be utilized' In the arrange
ment of the system. . ' < I -
SIDEWALIjflAND OTIER TAX-LEVIES.
In the lat.fer part of the sumnur tbe dc
portmept was presented with a 'request from
the Bpardcf Public Worksite work , up
correct and prepara data fpr tax. levies fo
sidewalk repairs which , had forwme Tn
comprehensible reasbn been rieglected" in th
pi-sending s > : x months by ' tie 'sidewalk in
sipoctnr. While complying , wlth this reques
I deem It prop'c" 'to * protek.3agalnst any
repetition of such-1 a procedure. Such worl
Invariably contains immprdils errors cvi
when presented tor , the 'department monthlj
for tax levy purposes , but 'when ' piled ui
by neglect for periods of rJX months It It
Impossible to evoa approximate a reliable
tax list. There Is ejomethlngjradlcally wrong
In the syt'tem that will IncurHixSvertlfing oni
other bills for an expenditure of. a fi con
plank or a few pcnnlesi wdrth , of nails.
The engineering department has thus been
called upon to perform work-fori nearly pverj
branch of the city Ecrvlce.i'ah ' < r In the pas >
two years has done more oflUje-iWork of tha
kind than any four prevlausi years.
U hao been my aim throughout the perlot
of my service to develop eameijmprovemen
each year over that of Its predeceESjr : ' In
concluding my public service ? ag enginesr o
Omaha of the four consecutlv.e years jus-
clot-sd , as of the service df twelve years
previous , I do BO with the * . conviction that
white at times "I pjrformedi I'jrvlcss ' whlcl
Eomo considered as net strictly required , I
did so believing It the duty , 'of ' every sworn
officer to promote and protect' ' the public
Interet'tsi whether personally p.learant or not
The popularity which followi Inaction anc
passive silence In matters iwhere public In
terests antagonize private , or > cther corporate
Interests In of a kind that.no conscientious
man can seek , and at boat IB ahvayo short
lived. ' A city corporation obove all others
Is at the mercy of Its trusted servants.
I'HOHIIIITIOX A CJUOWINOPACTOIl
South Dakota KIUlit Aloii r .TIilH 1,1 lie
Will lie WurjU. "
YANKTON , S. D. , Jan. lOAfSp'eclal. ) The
prohibition question Is ( la'y ) growing In Im
portance as a factor In South Dakota poli
tics. Already both the republl ans.'ond demo-
pops are making preparatlpns for a hard
fight , and that It will be n hard one nobody
doubts , except thofa who haye paid no at
tention to the question. The'most populous-
counties ot the rtate would fee against pro
hibition , and the one great , hope that tin-
prohibs Inve Is In cutting dpwn the major
ities In Mlnnehaha , Yankton1 Brown Clay ,
Union and some of the Black Hills counties
and In other portions ot the state. The- pro
hibition law as It stands un'an the statute
books Is a fa'Hire. Not a total failure , how
ever , because there arei eomej places In the
Mate where prohibition Is enforced. In. Slonx
Falls" there are twenty-fiver saloqns running
wide open , and In Yanktonwentytwo are
conducted with opsn doors. In * Scotland there
are a dczen. In 'Yanktonafjil Sioux Falls
ieer Is manufactured Yankt'on paving two
'
Jrewerles and Sioux Falls -fiie. This beer
s gold throughout the elate , In the larger
owns a license fee Is co\le'ctetj \ monthly ,
jut In the smaller villages the , saloon-
cceper takes his chances of being Indicted
> y the grand jury. The Inconsistency of
ths liquor trafllc was nevtfr more clearly
shown than when tbe Yankton county grand
ury recently returned Indictments against
wo saloonkeepers at .Irene . , thli' county , and
overlooked the twenty-twp J flourished In
heir own town. The tentlmept the voting
lopulatlon ls with the palo nslnYank -
on and Sioux Falla and It fo believed by
omo that nothing but ! local option will
control the trafllc In this Etn
>
i
Mliicrx Kroren fo Dentil ,
SPOKANK , WuHhr , Jn.n.119"rrllkbard Sny-
ler , u miner , woe brouijif tV' the Tiospltal
here dylnu , an a result jDf six days'
exposure In the mountains of northern
ilaho. With two companions John Ilrun-
BOH and JamcB C. Walter * . , lin Was lost
n a snow storm January 2. Ilia compan-
on died , but Snyder vucreedrd In reach-
UK n tmall station on' Hit 'Northern ' Pa-
cjflp. exhausted and badly frozen. There
s little hope of his recovery.
OfTiTi'il In It Hum tkt
NKW YORK , Jan , 10.Th > Press yfes
erdny raid ! I , Townsoml Durdan , whose
lame was rcbbecj on December 17 of dlu-
rends worth about t53OOQha received n
etter from the thieves. . In , which theyof -
er to return tha gems intact , providing
Mr. IlurOen sticks to bin jirpmt&o of I in
mnnlly from nrreet and also give them
3,000 reward.
IlunlUli Calli'il in I'ellde Court ,
nick Burdlsh was arraigned n the- charge
f running a disorderly and disreputable house
n the Third ward , but be va not ready for
rial and the casj wa continued.
GORDON WOULD NOT DO IT
Refused to Send Girl to Eoforra School nt
lather's Bequest.
FOUND SHE HAD BEEN ILLTREATtD
llrutrti by Stiiiiiiotur ! llrcniinc She
Won 111 Not I.tiAlinut 'Moiu-y
Silent fur Iliiiur Pureiit'H I
Story.
"I want her to go to the reform school
She does not dcrorvo an > thing clra from
mo , " were the hard words that a father ad-
drcswd to Police Judge Qrdon yesterday
regarding his 17-year-old daughter.
Mary Harvlo was arrested on the charge
ot Incorrlglblllty , an the complaint of her
father , Horace C. Harvlc , who decided that
he could not control the girl anil that there
was a continual strife between her and his
wife , who Is her stepmother. The hearing
ot the case oceurrel yesterday. When I
was concluded Judge Gordon said that on the
showlnp : made he would not place the stamp
of criminality upon the girl by tending hei
to the reform school. Ho advised the father
to place her In some goad home If ho
could not get along with her.
Harvle urged that the girl ran away from
homo some time ago andfor the- past fen
weeks had been staying with a Mrs. Black ,
who lives. . In the Murray row at Seventeenth
and Harney streets. He s.iM that he- knew
that she was out every night and visited dltv
reputahle resorts. As an Indication of the
chaiaclcr of hsr surroundings he tes'tlfiei !
that on one occasion the two sisters of the
girl went toi the homeot Mrs. Black anil
found a son of Hans Tlmme , who lives In the
Immediate neighborhood , hugging the girl.
Ho stated also that the girl had been placed
In the orphans' home by him and that she
cautud a good deal of trouble to those In
charge.
The story told by the girl was radically
different. She testified that she was 111-
trealed at homo. On one occasion sjhe said
'that ' she had been confined In a room for a
w.ok and fed on bread and water. She as
serted that her Etepmothcr had beaten her
because she refused to lie to her father by
telling him that the mousy had been spent
for bread and meat , when It had been spent
ifor liquor. She denied that she wag ever out
at night , that a'le had ever visited plact > ol
.bad repute or had been hugged by Tlmme's
son. She swore that on the occasion re
ferred to s > Se had .cried b'cause her sisters 1m ;
visited her and the others In the rom were
trying to comfort her , among them being
young Timme.
The girl's i-tory was supported by a number
of wltnsy3es > " , among them being the Tlmmcs
and Mru Black. They testified that so far as
they know the glrj was' good , but that she
could not get along with the stepmother ,
Mrs. Black , said that the girl had been stay-
Ins with her for sme : weeks white she was
looking for work und had always behaved
well. The entire story , however , was denied
jby Harvlo , who ssald that his wife never Ill-
treated tbe girl and he was ready to take hei
home.
After listening to the'case AsolBtant Countj
.Attorney Day said that he was ot the opinion
that the father should send the girl to some
Institution , or find her same employment ,
Harylp. was obi ? to do.Uile.iaB he was earning
$25. a week aild'th'e cost ' -would' not be more
Than $ E ( a month. Ho , however , demurred tc
this proposition.
"I want Hie girl to go to the reform
achcol , " he said. "She doe's not deserve
that I should , take care of her. "
"Wouldn't you want to sec your daughter
iplaced somewhere whe.ro she would bj taksn
care ofasked | the attorney. "Would you
.not. pay $ S a month for that ? "
Harvle djd not llko to answer the question ,
but finally said that ho would not spend
any money for that purpose.
"I will not send this girl to the reform
school , " announced Judge Gordon. "The
evidence shows that she was not treated
well by her stepmother. 1 advise you , Mr.
Hai vieto place her In' some school or find
her seme good employment. "
"I will take her home with me , " broke
In Mrs. Black. "She Is a good girl and
bfhaves well. "
It developed that Mrs. Black was a hard
working washerwoman , who found It diffi
cult to take care of her own group of five
children. Judge Gordon said that therefore
ho could not place an additional burden
nn her shoulders and the friendly offer of
the woman was consequently refused. Mary
Harvle , However , walked out with her when
she was discharged and In all probability
wont back to the humble home to remain
until she found employment.
The Harvles live at-318 South Fifteenth
street.
IIOTTOJIS mVRI/I/nilH FOR AVAIL
Tire of the -Women Cull the 1'ollce
JuilKito Arbitrate' .
There Is war once more In the- bottoms In
the neighborhood of Tenth and Paul streets.
The chief belligerent appears to b3 Mrs.
Craig ! the woman who has figured a number
cf times In police court casss. A warrant
has bsen Is-sued for her arrest , charging that
she has been using loud and profane lan
guage , fracturing the peace of th ; neighbor
hood , the complainant being her old enemy ,
Mrs. Hodge.
Mrs. Hedge owns a house near ! rs.
Craig's residence , which she says she wishes
she had not bought. The price , however ,
was so low that It offered a temptation to
which eho fell a victim. When she re
moved to the new location she found that
the cheapness of the property had been
brought about by the near proximity of Mrs.
Craig , whom she charges with laying awake
n'ghts In the endeavor to devise trouble for
the neighbors.
AVarni'il ami Tiiriiril I.OOHI- .
John Welsh , on old man who appears peri
odically In police court on the charge of
dumping garbage where It ought not to ba
dumped , was up again yesterday. Ho
pleaded guilty to dumping a quantity cf
garbage on come lots in the northern portion
of the city , but ? ald that he had expected to
receive permission to do so this spring from
the owner. Judge Gordon let him go , with
the warning that he had better step the prac
tice.
Xot Ilenily for the Trial.
Jens M , Hermant'en , the alleged slayer
of John Starotsk.i , was to have had a pre
liminary hearing In police court yester
day , but when hid case wap called his attor
ney failed to appear. At his request the
case was continued until next Wednesday
nornlng at 10 o'clock. The expectation that
ho hearing would occur brought out a
arger crowd than usually assembles In tin
court room.
SHK LOST IIKH THIJASDUi : I1OX.
lli-M , Hi-iiry Culiurii MHIIII < HN Money
I nt i-mini to I'ny n. MortKiiue ,
Fcr months Mr , and Mrs , Henry Coburn ,
e8ld'.ng at 3702 North Seventeenth otreet.
iave been practicing the strictest economy
n order , to eave enough money to lift the
nortgagq * upon their home. At last the
necessary amount , J350 , was secured. Yes-
erday Mrs , Coburn took this money from Its
tiding place , and placing It In a tin box
tame down town , expecting to pay off the
lebt. Leaving the Sherman avenue car at
'ourteenth street , she went to one of the
tores to do wine trading. Having made
icr purclm ; a , the looked for her money ,
ind was horrified to discover that It wats
ione. Where the lost It the could not tell ,
is,8ho had not thought ot It after getting
m the car , near her home , The box In
A-hlch the wealth was placed contained | 300
n blilu , a certificate of deposit for 150 on
he Omaha Saving ! bank and some vllver
bange ,
HI : WAS I'Minn ron A MINVTI :
\Viiiiilhull , the Iiiillnn , Itolonnt-it ami
I m mediately II en r rented.
Spofford Woodhull , the Omaha Indian
Indicted last October for murder , was up
before Judge Dundy yesterday , and at
the Instigation ot the United States district
attorney , the Indictment was quashed. ThU
was done because Woodhull wast not charged
In the bill ni an Indian , and the attorney ,
fearing that this might bo n defect , ordered
the Indictment dismissed , Woodhull was re-
ntristed and a ccmpl.ilnt filed before United
States' Commissioner K. S. Dundy , jr.
In return , the attorneys for Woodhull filed
a petition In the circuit court for n writ
cf habeas corpus- , which was denied.
The crime for which Woo.Jhml la held was
the killing ot Amos La Prcntls , a quarter
breed.
There was a fetid cf long standing ex
isting between the parties , and on the day
In question they had had several encounters ,
In which Woodhull had gotten the better ol
the argument in each case. Becoming ex
asperated to frenzy , La Prentls got nn uxe
and went hunting for his enemy. In the
dusk of the evening ho met him driving
along a lonely road , and springing Into the
rear end of his wagon , La Prentle was about
to brain him with his axe , when Wocdlnll
grubbed up n heavy Iron wrench from the
bottom of the wagon , and dodging La Pren
tls' blow , aimed with the axe , struck htm
In the hack of the head , knocking him head
long from the wagon and fracturing his
skull. He lingered several days , but finally
died and his friends brought about the
Indian's arrest , charging him with murder
In the first degree.
The trial will begin Monday morning.
The Jury In the case of E. M.
Blore , the Burlington express messenger ,
running between Dsadwood and Lin
coln , charged with forgery , returned
n verdict of guilty. Rlore In some way
came In possession of fifteen postal notes ,
ranging In vnluo from $1 to $4 , and these
ho had cached by forging the names ot S.
Cavan and S. Evans.
The trial ot Frank Barrett , charged with
counterfeiting. Is now occupying the atten
tion of Judge Dundy. Upon the conclusion
cf this case Michael and Mary Tlernsy of
O'Neill will be put on trial for n likeoffense. .
Sheriff Hamilton of Holt county and Super
intendent of the Public Schools Jackson are
hero as witnesses.
In the circuit branch of the court Judge
Shlras heard a few minor motions and dls-
pcseJ of one small foreclosure casa yes
terday.
COUNTY ATTOIIXI3Y HHAUV TO ACT.
Will I'roHicntiIlollii AVlteii the
Charge * Are I'rrferreil.
Assistant County Attorney Day , speaking
of the reports about the probable arrest of
Henry Bolln , the defaulting ex-city treasurer ,
said that no action had been taken In the
matter. The county attorney's office was
ready at any time , he said , to file a com
plaint If the necewary Information were placed
In possession of the olilce. Since Mr. Bald-
rlgo had been away the office force had been
overworked , owing to the resignation of Mr.
Slabaugh , and had not had time to examine
Into the matter In a way that would be necessary -
s-ary to properly formulate charges. Mr. Day
expressed the opinion that the county attor
ney could not be expected to do detective
work , but there would bo no delay It the
proper Information were furnlsheab'j > i.any one
who possessed It. Ho understbodi ; ° h& said ,
that even the experts who had beirr , working
on the treasurer's books for the pasX six
months were at a loss to account-'Jor s'ome
of the- conditions ) discovered , and ho did not
think the county attorney tbould be expected
to unravel these snarls.
In conclusion Mr. Day said he ( bought that
some of the 'members ' of the finance1 com
mittee of the council' who had had this In
vestigation directly In charge should , furnish
the county attorney with the Information
necessary to draw the proper charges. The
charges In the Coulter case , liesaid , , cov
ered fifty typewritten pages and it was no
small job to draw up charges of this nature.
Mr. Winter , another assistant county at
torney , said Mr. Day had been In charge of
the Coulter case and Bolln would naturally
come under his jurisdiction. He svild that
he and Mr. Day. had talked the matter over
and both thought some of the counc'Imen '
who had knowledge of the case should fur
nish the county attorney with detailed In
formation under which to .proceed.
To Go to ii HlKlier Court.
Transcripts on appeal to the supreme
court have been ordered In the following
criminal cases tried at the last term of
ccurt :
Fred Pjlrrcu. an accomplice of Patrick
Ford , Jr. , convicted of highway robbery
and sentenced to three years In the peni
tentiary.
Charles Cummings , convicted of man
slaughter for killing Judd Vance , and sen
tenced to ten years. ,
Claude H. Hoover , convlctcr of the murder
of Sam DuBols and sentenced ta hang.
J. W. Lander , convicted of assault with
Intent to commit rape , and sentenced to
fifteen years.
\Viintri to ttet Out of Jnll.
Judge Baker ordered the Issuance of a
writ pf habeas corpus In the case of Wil
liam Hike , a resident of Bellevue , who Is
confined In the county jail on the charge
of malicious mischief. Hike was sentenced
by a Justice of the peace of Bellevue to pay
a flno of } 1 and coots , the latter amounting
to J3G.SO , and to bo confined In jail until
paid. The proceedings nre alleged to have
been Irregular. The writ Is mode return
able at 10 'a. m. today.
Minor Court MiitlerH , *
McCord & Brady hive sued Herman Zjller
for ? 2G'.I on a note ,
Robert Prltchard has brought suit against
Dan Ilonln and Morris Morrison to recover
$215 on a note.
Samuel Frank & Sono have commenced
proceedings against Colin & Harris to recover
$1,000 for gouli < sold and delivered.
Suits continue to pile up ngalnst M. J ,
Rccenutock and T. H. Fries , lite proprietors
cf lite Omaha Bazaar , the latest being n suit
by John I ) . Kcrnltz to recover $210.93 ; an
other by V. Hellbrun & Co. for $31C.44 , both
blng for goods delivered.
TOM ) OK MOO-UY'S COX VIMISIOV.
Union MrctlnKN In KniiitlKii I'lncc
Continue to Attract Attention.
The union revival meetings being held
at the Plymouth Congregational church con
tinue to attract attention. Thursday evening
the church was filled to overflowing with people
who had turned out to listen to the words
of Evangelist Plerson. Upon conclusion of
the regular services , an after-meeting was
held In the lecture room In the basement ,
at which Rev. Klmball of Boston told ot the
corversion of EvangelUt Dwlgli-V. ' Moody ,
At the time , Mr. Klmball was' preaching
In * Boston und Moody was a ppor boy , 17
years of age , clerking In his uncle's shoo
store. A few years later Mny.Moody was
Instrumental In Inducing Mr. Klmball'g son
and daughter to accept Christ ,
The union meetings will continue today
and tomorrow.
Crull unit the Grave.
The following births and deaths were re
ported at the health office during the twenty-
four hour ? ending at noon yesterday :
Births J , W. Malvln , 415 South Nino-
.tecnth , boy ; Charles Mayer , 3334 Mandcrson ,
girl ; John Hlomberg , 958 North Twonty-
.flfth , girl ; Askar Fink. 2754 Davenport , boy ;
'John ' H. Turn y. 2227 Spruce , girl ; 0. W.
Crum , 1824 North Twenty-eighth , girl.
Deaths Willis Kullfahl , 2 years , 2901
Ohio , croup , Mt. Hope cemetery ; Mary Me-
fcnzle , 80 , 703 North Seventeenth , pneu
monia , Forest Lawn ; Adolph Vaiburg , 42 ,
St. Joseph's hospital , inflammation of kid
neys , St , Mary's ,
Feunted on Cutuor'x Clilcki-nv.
S. Cotner of 4910 Ca * street baa notified
the police that hit chicken coop wau entered
a couple of nlghti ago. Tbe thleven stole
tweftty-tljrea
COUNCIL IS LOGROLLING
Personal Interests Mnst Have Attention Before
fore Regular Business ,
WIREPULLING FOR PLACES GOING ON
Wlmt U llrlntr Hornto Snvc Inrr\cl \
Krn iik Cor iiitrn tin IIM Hack I tiff )
( o Kill Klrnt AVur.l
Vnvnnvy ,
Whllo the new city council has cntctt'u
upon Its ofllclal existence , there nro several
matters that remain to bo .settled before
members nre ready to BO ahead with the-
routine of the year's business. Tha organlza-
tlon of the committees nml the provision for
the two vacancies In the First ward nre the
main questions which nre now demanding at
tention , and ns the two are very nearly
related , according to the program of the
combine , It Is expected that when one Is set
tled , the controversy as to the other will bo
practically ended.
The experience of ono councilman Illus
trates how the game Is being worked. Thla
particular councilman has cherished an nm
billon to get the chairmanship of the com
mittee on viaducts and railways , but his ad
vances In that direction had not left hint
with the Impression that ho had any very
tight grip on the oltuatlon. Very recently
ho. was called up by telephone by a certain ,
party who Inquired If ho would llko to hava -
the chairmanship of that committee. Tho-
councilman replied that that was precisely-
what he wanted and he was Informed that 1C
ho would go and see a certain other partyi
who Is closely connected with the corpora
tion lobby , he could probably flx It. Ho-
went to the person Indicatedwho Informed ,
him that If ho would vote for Ilto Hascall to
fill the vacancy from the First ward ho-
would undoubtedly get what ho wanted.
The corporations arc said to bo working ;
hard for Hascall and the occurrence men
tioned Is said to I ml I onto that they arc In a ,
position to manipulate the appointment or
committees In order to further their Inten
tion ? . It Is also stated that the appolntmenta
will also bo made In the Interest ! ) of the re
election of Israel Frank as. meat Inspector.
In other words the chairmanships of the.
committees on sewerage , stretts , alleys ana
boulevards will only be given out to mem
bers who will agree to vote for Prank In
the Board of Health.
On the other hand It Is urged by a coun
cilman who Is said to be In touch with tho-
admlnlstratlon , that this plan will not work' . *
This authority positively declares that
Frank's name will not bo mentioned In .con
nection with the position. He says Broatch.
has decided that he will not favor Frank ,
and as the other two members of the Boari
of Health are dependent on his favor to.
hold their positions , he will bo In a posi
tion to dlctato the majority vote of the board
and thus overrule any candidate who doe *
not suit his policy. It Is further stated that
Dr. Savillo will be allowed to servo for two. "
months as commissioner of health , but that
It he suggests .Frank's name his head will
go off Immediately.
With all these complications' Involved , the-
coin cllman who knows what commjtteo he-
will get Is scarce. It Is understood that
Bor.awa will be the chairman pf the .com- >
mlttce on finance , but beyojid that'rumor" '
Is absolutely silent , -President Saundera IK
sold to have given all members the same-
answer , that he had not made up his mind
yet , but would give all duo consideration. .
Ho listens to their hints most urbanely , ,
gives them the Impression that their ad
vice will be followed In every particular- *
but still gives no definite answer.
A councilman who has several tlmca en
deavored to urge his claims on the new-
president , Jocosely remarked yesterday
tl.at Saundcrs' behavior reminded htm of the
experience that u number of candidates for
the police commlssloncrshlp had had with.
General Manager Holdrego of the Uurllngton.
Ho had listened to' their story most courteously - 1
eously In every cao and when they beggadt
him to use his Inlluenco with the appointing ;
power In their behalf , ha Invariably re
plied that ho would be most happy to do.
so , and tint In fact , outslda his "preferred ,
candidate , " there was no one whom li
would rather have get the ) appointment
than the particular applicant who chanced ,
t'j be Interviewing him at that time.
As to the general sentiment of the coun
cil regarding the numerous candidates for-
the vacant desks , It Is doubtful whether-
It Is any nearer mobilization than It was.
two weeks ago. It has been quietly given out
that the republican majority will caucus ,
on the question thin evening at some con
venient place where their deliberations will
not be exposed to bcrutlny and an effort
nlll be made to unlto on two candidates.
While the Idea seems to prevail that tho.
First ward Is entitled to the vacancies , Major
Wl-eeler has not raised the siege and It
Is undcrstoood that the projected caucus.
Is , to sorno extent , to his Interests ,
A\OTIIiil OIn SI2TTM3H GONE.
of Mrn. Mary McICciizle nt :
the I'eopIu'H CliurHi.
The funeral of Mrs. Mary McKenzIe , wife *
of George McKenzIe- , was held at the Pee
ple's church , on North Eighteenth street , at
11 o'clock yesterday. Mn , McKenzo ! was :
ono of the oldest residents of Omaha , and the
services were largely attended , A very ap-
proprlato sermon was preached by Itov
OliarlCH Savldge- , who spoke from the .text , .
"Let Mo Dirt the Death of the Righteous. "
Mrs. MoKenzle was * born In Scotland eighty-
six years ago , She became a Christian when
only 13 years of ago and united with the-
church of the celebrated Dr. Kldd of Aber
deen , She was married to Mr. McKenzIe in
1848. and two yeara later settled In Council
Hlufts. They came to Omaha in 185G , ana
for the Intervening forty years they have/-
constantly resided In this city.
Samuel ( ilvitn Anollii-r Clinncc.
Sam Morowllz , a 0-year-old boy , was up.
before ? Judge Gordon on the charge of In
corrlglblllty again. Ills father was present
to prosecute him In on endeavor to have him
t'ent to the reform school. Ills heart , how
ever , relented when ho looked upon the boy
again and ho Bald that ho wished to give *
him another chauce to mend hlo ways.
J ml go Gordon said that ho would continue
the cato for a month. If ho found that iho-
boy Improved at the end ol that time ho
would bo discharged. If not , he would be.
sent to the reform school. The boy promised ,
to be good and said that ho would so re *
l > ort when ho appeared before the court. Ho-
walked out of the room with a sinllo that
threatened to dislocate his face.
They Are. Ntlll ConntliiK tlin Canli.
The work of transferring the county tundst
from the old to the new treasurer U still
going oiit and Ihe exact amount of the bal
ances ) In the several funds will not bo deter
mined for several days. The money trans
ferred IB about $93,000 , but the exact amount
will not b ? announced until the acini-annual
statement of the treasurer Is made public , .
which will be In about ten daya.
"Where In John Smytlic.
John Smythe , 522 North Nlnettcnth street.
hau been reported by his friends a mlsolng ;
since. . December 31 , It ID rfured that he has
committed suicide , aa lie was despondent for
some time before he disappeared , Smylhe-
Iv 45 years old and la an old-timer In tu *
city ,
_ T
To ( lie lllKlieiit lllililer for Cimli.
The water works property will be sold by
United State * CommUnloner Dundy on
Wednesday , February 19 , frMn the east door
of the Douglas county court hou , to thtt
nlghert bidder for caih.
One Minute Cough Curt U a popular remedy
for croup. Bate lot children and adulti * '