THE OMAHA DAILY BEE.
, TU3STE 39 , OMAIIA , SATU11DAY MOENIjSTGr , MAJRCH 21 , 1890 TWELVE PAGES. 0012Y JTIVE CENTS.
TOMORROW ,
SATURDAY and MONDAY
SIXTEENTH AND DOp'GLAS , OMAHA.
fpf /v For our opening , now
$ IB IX fl I sPrlnE Hats , I" a great
' J > FBI I variety of styles , made of COO cTiolce Pattern Hats ,
now straw broltl , trim
med In tlio back with the exact copy of Im
large bows ot satin rib ported hats , but made In 4.
bon , rosettes , mallno and
our own work room , no
and fancy ornaments , come In
IMPORTED PATTERN HATS. two alike , choice at .
nil colors , everything of the very bist , a . your
great bargain at | 2.50. our opelng sale-
MUSIC.
FLORAL DECORATIONS
SOUVENIRS.
Hnmlfiomo Velvet anil Silk Cnpcs ( like cut )
trjnnnod with braid , cut jet or luce , all silk lined ,
r.egUliu * iirico $10.CO , Opening price , , ,
ITv
tN - 5 '
Broadcloth mid-silk Velvet
CAPES ,
trimmed with braid or cut jot , nil
lined \v\\\ \ ( \ bountiful Dresden silk ,
reculitr price S15.00oponing price
500 Sample Capes
Made of all the newest materials , and in the latest
styles , lined with Persian and Drnsdon silks , each
one a novelty and no two alike. These capes were
made to spll for 820 , $25 , $30 and 835 , go at our
opening for
JURORS KNOW A GOOD THING
Working the Pee Mill for All There is
in It.
(
1
DO NOT PROPOSE TO LET GO OF A SNAP
Hold Out AHrnliiHt Returning ; n. Ver-
dletlnMtlioiiKh They Heard the
Deft-lulu lit AeUiiowleilKu *
Her tinllt In Court.
An Instance of the way In which juries
sometimes recognize a good thing and. as
siduously cultivate It Is shown lu the Suslo
Milter case , now In the hands of a jury ,
This Is a cas-o In which the defendant , a
dusky courteiun living on Fifteenth street ,
near the Webster street depot , was convicted
In the police court of soliciting. The com
plaining witness In the case testified that he
was passing the woman's housa and she
beckoned to him. Ho entered and was talkIng -
Ing to her when two policemen came In be
hind him. The two policemen testified to
the raino story and also eald that the woman
Bubstantlally admitted tbo truth of It at the
tlmo. This testimony wa produced at the
l'Jn tbo district court , and the only evl-
denpo on the other side was that of the de
fendant , who entered a general dental. The
case wu given to the Jury Tuesday after
noon , about 4 o'clock , aud the twelve men
are still out.
Judge Baker called the jurors Into court
yesterday and asked them It they had been
nblo to agree. Foreman John II , Butler re
plied that the jury had been unable to ar
rive at a verdict and could not agree as to
the facts In the case. Ono ot the jurymen
eald that BOino of the members would not
bcllovo the evidence of the policemen. The
court ordered the jurors to retire for further
deliberation. Ho read them a lecture on
w * tlio cxpcntra to which they were putting the
county In holding out BO long , saying that the
case was very plain and that the jury should
bo able to asreo on ono side or the other.
Every ono of the Jurors are talesmen , the
regular panel having be n engaged In other
cases when the case was called. It Is
etrongly Intimated about the court house that
tula fact bun a great deal to do with the
caro. Talesmen get pay at the rate of } 2
per day for the tlmo they actually serve ,
while members of the regular panel draw J2
JIIT day for the three woeka they ore re
quired to be on duty , regardless of whether
they serve on juries or not. As all of the
members of the Miller jury are out of em
ployment and wore sitting around the court
room waiting for tbo lightning to strike , they
realize that they will bo out of a job.tho
mlnuto they return a verdict. As the f2
per day Is accompanied by three squire
meals at u hotel , the jury has on eye to
business. The jury fees In this case amount
to $98 so far. The woman wau fined $5 and
costs In the police court , amounting to $7.00.
If you would always bo healthy , keep your
b'.oofl pure with Hood's Sarsaparllta , the One
prue Blood Purifier.
We point with pride to this years opening of our millinery department. It has reached that height of popular
favor whicn stamps every hat coming from it as being the correct thing 'Our Millinery this year bears every proof of its Parisian origin , its most
extreme taste and latest ideas Where ordinary high-class milliners show a dozen Pattern Hats we show hundreds We have spared nothing We
have lavished time , money , labor and thought to make this season's millinery and especially this opening , the grandest event from every stand
point Our workrooms are crowded with the best talent that money can procure Our millinery show rooms are without equal inthe United States
Our prices are such that every woman in Omaha can enjoy the luxury of-stylish , becoming hat without spending much money.
25O Imported Pattern Hats , Exclusive Designs .frojn the. Leading Paris and London Millin3rs.
a <
* - * & i
CHILD'S
Trimmsd Hats
Over 1000 to select from
Twd-toned straw trim-
mud with silk ribbon and
flowers , choice
Fancy Straw
In nil
Ladies' Untrimmed
S8IL03
VIADUCT WILL NOW UI3 HKI'AIKIOD.
City Attorney Comiell Snj-M the Vic
tory Will lie 1'rexNed.
City Attorney Cnnell says tnat the deci
sion of tiie supreme court Thursday In the
case of Chicago , Burlington & Qulncy rail
road , plaintiff In error , against the city of
Omaha , practically sustains every contention
made by the city. This was the case brought
b ) the city to compel the Burlington road to
repair Its proportion , of the Eleventh street
viaduct. The case was decided In favor of
the I'lty In tlio lower court and \\as taken
up on error by the railroad company Mr ,
Connell says that In affirming the decision of
the district court the supreme ro-rt : has laid
down Itn Interpretation of 'ho law BO clearly
that the railroads will new imvo no recourse ex
cept to obey Its terms. . The court has udlrmed
the doctrine that the section of the charter
covering the ordinances , compelling the rail
road coniprnlef ) to construct and keep In re
pair viaducts over the streets of the city ,
crossed by their trackn , Is a valid exercise
ot the police power cf the Plate and that
the duty of the railroads to construct or
ropal" viaducts within the city of Omaha
may be enforced by mandamus proceedings.
An Important feature of the declslAn , In Mr.
Cbnnell's opinion. Is that section In which
It Is declared that -an ordinance requiring
the reconstruction by two railroad companies
of spoclflQ portions ot a viaduct previously
erected by them Jointly with the city does
not violate previous contract obligations. U
Is also expressly stated that such an ordi
nance Is not void as against the railroad com
panies therein named , as the toners of the
said roada for the failure of the city to pro
ceed against other companies engaged ifl
operating one or more of the mid tracks as
lessees of the owners , the charter obllgatlq
being : Imposed on railroad companies cwnl K
or operating peparato lines of track , ft
"This decision , " said Mr. Connell , " cn
away ulth the contention that was raised
by Marter In Chancery Cornlrh , that one
road could not oo compelled to repair lt
portion of the viaduct until after ( ho other
roads had agreed to repair their portions. I
now regard a favorabln decision from the
United States court on the Union . Pncldn
case .16 a certaj ) ty. Now we have the 1
terprctutlon of ( Le state law as laid down ; y
the supreme court of the state , and this In-
torpl elation will undoubtedly be followed by
the federal court * In Its decision. This de
cision worns to settle all dlfllcultles and
thoroughly establish all the rights which the
city has claimed for all time tn tome. "
It was announced ) &t Burllrigton head
quarters yesterday uiaV-that road would
appeal from the decision of the state supreme
court la the Kleventh street viaduct case.
The railroad attorneys ) 'will at once make
preparations for carrying the caua to the
United States supreme court , frftulng It before -
fore that body.
C/illfornlu Atlileim Coming
SAN FHANCISCO , Ma ch 20.- . The Uni
versity of California athletes are nor conn
dent of an eastern trip Ilk * the one mudu
last year , Negotiations are pending with
Yale and Princeton for ft triple meet between
the college teams on May 16 next In New
York. BotU Yale and frlnceUn are favor
able to the plan , and It 1s thought that U
will be carried through , The California
team will leave for the tist 99 J ay 2.
Children's Untrimmed i
Black and white
ice eacjtty.
-y.
JOY WAS SHORT LIVED
Thin Oard on "Which a Big Expsotation Was
Dangled.
FOND HOPES OF PRISONERS DISSIPATLD
Wore Led to llelleve I'l-occrilliiKH In
I'ollce Court Were Irri'tvitlur
ami that They AVoulil
Get Out of Jail.
A slight ripple of excitement has been
caused among some of the prisoners In the
county jail now awaiting trial In cases which
have come up on appeal from the police
court. This has been occasioned by a re
port which appeared a few nights ago In a
certain newspaper , to the effect that the
proceedings In their cases were Irregular and
that It would be the easiest matter In the
world to secure the release of all such
prisoners through habeas corpus proceedings.
According to the story published , It uus
made to appear that cx-l'ollco Judge Berka
signed the police court docket with a rubber
stamp beaung his np.mo and that proceedings
In all cases In which appeals had been taken
to the district court were thereby rendered
null and void. U was also stated that
opinions had been secured from members of
the district bench to the effect that such
act on the part of the police judge would
Invalidate all proceedings and that a whole
sale discharge of prisoners from the county
jail must follow the bringing of such fact
to the attention of the proper court.
s soon as this story appeared the prison
ers In the jail who would bo affected by such
a situation commenced telephoning their sev
eral attorneys and directing them to bring
habeas corpu ? proceedings. Some ot the at
torneys who were thus called upui looked
the matter up at their leisure and discovered
that there was absolutely no foundation what
ever for the story ,
Kx-I'ollco Judge Berka was at the court
house yesterday and stated that the only
shadow of a foundation there was for the
story lay in the fact that In the docket of tlio
police court In which were entered uncontested -
tested cares , such as "drunk and disorderly , "
"vagrancy , " , and the like cases which are
never appealed to the higher court , he had
himself used a rubber t-tamp bearing his
autograph. Ho had not deputized any one
to use the stamp , but had used It himself ,
and ho contended that It was a legal signa
ture , as much as If he had made It with a
pen. In the docket In which were entered
onteeted cases , however , and In making all
truntcrlpts , Judge Berka Paid ho had
'nvarlably signed lily name with a
pen. Moreover , the Judge sad | that
ill cases which were appealed tp
the district were practically commenced df
nova In that cQurt , the numo as new cisos ,
and ( ho police court docket had no bearing
whatever on the case. The only case In
which the docket would over be uted , he
said , would be a case In which it became
necessary to produce tb record * of the police
Ladies Unfrjramed
ull Rtiaruiitoril t Is
KI > riiii's slyk'H , lu the
Kioatest v.irlfity of * > hnpos
irmislnau'o ' , cmtpnl > rild
. . .L
50 vanties wK.h
rubber stemsgc
per bunch.
court In evidence to chow that a certain In
dividual had been arrested and tried In the
police court on some charge. In such a cneo ,
the judge contended , the record elgned with
an autograph stamp woujd bo as much .a
record of the court as the record signet
with a pen.
In order to test the matter In court and
get a ruling on the point , a test case will be
brought before Judge Baker. The attorney for
Mike Courtenay , In Jail awaiting trial on the
charge of assault and battery' , .being a case
appealed from the police court , , tiled a mo
tion to quash the charge on the ground that
the record In the police court was Improperly
made , In that It had not been signed by the
police judge.
ECIIOKS OP A CIIUHCU FIGHT.
One of tilts ANHiiuitliif ? I'iirtie * Given a
Clean Hill.
The Polish Catholic ehurch " case , which was
before Judge Baker for life past
two days , In which Adam Pzrnouskl wao
charged with having assaulted Anton Inda
with a club , was given to' ( hg jury Thurtday
night and a verdict was r.etorned yesterday
finding the defendant not feullty. There
were four men charged Jn the same Information
mation , and they demanded ; separate trials ,
As soon as the Pzrnouskl case was given to
the jury , the case against Frank Szczepanlak
was commenced , and was c&ncluded In the
aftornoor * The other two men arc Jacob
and August Netzel. The county attorney
Btatea yesterday that the result of the
Szezepanlak case would determine what
would bo done with the Netzels , as ho would
not proceed with two1 more trials If the
eecond cabo were not successful.
I'ollee Conlfil Their Aril or.
An "athletic tournament" was announce. !
for Forest hall Thursday night , at which some
of the "dead games" who claimed to be on the
Inside hinted that some ltof .fighting would
bo witnessed. It proved , however , to be a
failure , as the police hail received a Up and
wore on hand. Pro , Wilding .and an unknown
were slated for a bout , but they failed to
put In on appearance. Sheroy and Murray
were down for a six round "exhibition , " but
they grew faint-hearted vflien they learned
that there were "strangers" , i > r wnt , A short
contest between Dan G , Sullivan end G. C.
Black held the boards for a half hour and
broke the monotony of an otherwise blank
evening. The hungry crowd jtbat filled the
hall left shortly after the.brlsf performancs
had concluded and I he kicks registered
against the management caused the air to
grow de.iw. Several dark.lilnts wen ? droppsd
In exclusive circles that there would be an
other "exhibition" In a more favored location
shortly , nnd that the police would b tliut out
of the deal entirely.
Clothlntt Strike I'rnu'tlyplly Over.
CHICAGO , March 2 < Wriie strike of the
cuetom tailors Is already pnicllcally over.
About forty of the ahopg , clp td will open
at once , the contractors having signed the
contract drawn up by the , men. The strike
began Wednesday with a icported number cf
2,000.
Have Formed \w Qlrcu * TriiNt.
DETROIT , Maich 20 , The reported forma
tion of a circus trust with a view of crushing
the wnallcr ibowa la dtnleij br J. A. Bailey.
American
Milan Hats
all shapes ; *
six in a bunch , at
a bunch
LOOK FOR ANOTHER MESSAGE
President Said to Contemplate Expressing
His Views on Ouba.
WILL BE IN ANSWER TO THE HOAR INQUIRY
IteeoRiiltlon of the IiixiirKeiitH Would
Involve u LOHH of .MllllniiM of
Dollar * * to CltlxeiiN of the
United StnteH.
CHICAGO , March 20. A special to the
Tribune from Washington says : President
Cleveland will send a message on Cuba to
the senate early next week , probably on
Monday. It will be an answer to the resolu
tion offered by Senator Hoar calling upon the
president for any further Information In the
possession of the State department relating
to the Cuban situation , particularly with
reference- the effect of the war on Amer
ican Intercots.
The message will show that property of
American citizens In Cuba has bcon dam
aged and destroyed by the operations of the
Insurgents and the Spaniards to the oxtcut
of about { 30,000,000.
Secretary Olney has hail prepared for
transmission to the senate with this mes
sage a mass of documents In correspond
ence wJth United Btatco consuls In Cuba
since February 1 , when the last nipssigo
on this subject was sent In. The documunts
will bo submitted to the cabinet &oinu time
today , and It may then ba determined
whether It Is necessary for the president to
express on opinion on the Cuban resolutions
or to outline the attitude of the administra
tion.
tion.Tho
The American citizens In Cuba have been
filing tholr claims with tlio Uivltd States
consuls during the last few months and they
have been coming In at the State depart
ment at the rate of one or two 4 day re
cently. The claims are for all kinds of
damages Inflicted on the property and crops
of American noncombatants.
They are for the destruction of crops , ma.
chlnery and buildings , and the seizure of
horots , cattlu and all kinds of domestic ani
mals and fowls which have been taken by
the soldiery of ono side or the > 'ther. The
Spanish soldiers have. It Is said , committed
at least as many of the minor depredations
as the Insurgents , If not more. The larger
amount qf the claims has resulted from the
destruction of sugar cane.
The bill which the United States will bo
called on to render In behalf of its citizens
against Spa'n wilt be a heavy one. So long
as Spain persists in maintaining It to an
Insurrectlcn only that exists In the Island ,
and not a state of war , U la liable for all
damages Inflicted to tbo property belonging
: o peaceful citizens of another nation , whether
the jo damages are Inflicted by Its own troops
or by thoie ot the Insurgents.
It Is not known whether President Cleve
land's message will offer any suggestions as
to the future course of this country toward
Spain and Cuba or whether he will contuit
himself with truiEuUUnjf tie oorrcspondme.J
Finest grade of
Engl'sh
iiiln Hah
All Bhupus und colors
Me.
IGS , Sweet Peas ,
Chrysanthemums , French
Roses , go at
A
per bouquet.
SALVATION AHJIY'S NI3W IISA
Honth Tneker Will AMHiinie Charge
ICiirly Next Month.
NEW YOIIK , March 20. Commissioner
Eva Booth and the other ofllcers at the Sal
vation army headquarters nro busy arranging
for a big meeting and demcnstratlon to beheld
held In Carnegie Music hall on March 31 to
welcome Commissioner and Mrs. Booth
Tucker , the newly appolnled confmumlers of
the army In this country , Tliire 'will be a
torchlight procession , In which all tbo ofllcers
and soldiers of the army fn thU cltv and the
neighboring district will take part. Many
field cfllccrs frCm various cities all ever the
country have been Invited.
Ilalllngton Booth was asked regarding the
raports that Commlsaloncr and Mrs. "Booth
Tucker , upon tholr arrival here , acting un
der Instructions from General Dpolh ; , will try
to Induce him to abandon his , dependent
movement. Ho Had ! : "I do net Know that
the UOK commanders will take any such ac
tion au Indicated In the reports. Of this I
am ce.-taln , however , they will not succeed.
Any Intercourse between myself and Com-
inlialciier and MM. Booth Tucker that may
occur will bo of n purely social character.
If they should call to sso mo with a view to
Inducing me to return to the army , and I
know that la bo the object of their visit , I
do not know that I would sco them , In fact
I think I would not. "
Came n I.oiiir Wuy for n Illvorec.
FAIiaO , N. D , , March 20. Another casa
of hurried marriage after a dlvcrco occurred
hero yesterday. Among the members of the di
vorce , colony for some tlmo was T , II. Spragg ,
who secured a decree yesterday before Judge
J auder at Lisbon from Lucy Spragg , on the
ground of desertion , The plalntlff'H former
homo was at Christ's Church , Canterbury ,
province cf Now Zealand , where. lie owns a
largo sheep ranch , and IB wld to bo very
wealthy. Ho was married late yesterday after
noon In the ofllce of the court by Judge
Roberts to Miss Mary Hall of England , whom
ho had brought here with him as a com
panion during his nlnsty days' residence.
Window CiliiNN MamifnuturerM.
PITTSBUHO. March 20. A meotln of the
window glass manufacturers ls called to as
semble at Columbus , 0. , to discuss matters
affecting their Interests. It is understood
that ono of the most Important questions
which will be dltcusced at the meeting will
bo the. advisability of establishing selling
agencies In all large cities to/Mil direct to
consumers. This Idea has ( Welcped as a
result of the contention whloU flt/Jntn going
on betwesn manufacturers . nnU , Jobber" for
oomo time. Jobbers have bevn holding back
tliclr orJera and manufactu/ury have been
forced to hold their stocks onV/AVll at prices
below that agreed upon.
Smulliiox In Inilluii Territory.
KANSAS CITV , March 20. A special to
he Star from Nowata , I , T. , says ; Smallpox
n virulent form Is raging at Vlnltla , twenty
nlles east. Great excitement prevails here ,
The mayor and council met | u special ces
sion and established strict quarantine regula
tions. Guards were stationed this morning
on all public thoroughfares leading Into the
town toj > reeynt the entrance of people from
tfco lnected diitricu ,
USEFUL
SOUVENIRS
GIVEN AWAY
In Our Millinery Dept.
FREE FREE
A handsome fJloopatm , bclt with each
'
purchase in'our suit department.
BROADCLOTH SUITS ( Ilko
cut ) or In the English box ( ft ff \
cant style , ripple buck , skirt \ It II U
nil llrtnrl n n t\ * ll1n ItrnllM 1 inlSa \ 4 n %
all 11I1UU mill mu , tvuuiu I.MJ
cheap at $10.00 , go at UU
Samples of LADIES' SPUING SUITS , no
two alike , Norfolk Ueefer nnd Hlazer
Htylc. In black , navy , tan and handsome
. ' , . , . . . .
r. , mo-- of firm lined with Bilk ,
skirts 5. C nnd 7 yards wide , regular price *
$15.00 , $25.00 , J33.00 nnd $10.00 , go at
Fancy Mohair or rtrllllantlne
SklrtH , 6 yards \vlde , lined with $2,50
rustllne and bound with vel
vet , worth $5.00 , go at ,
BIG POOL PROVES A FAILURE
Rate Gutting Goes On Just the Bame a
Before ,
NO WAY OF ENFORCING PENALTIES
Another Effort AV111 He Miule to Gc
the AKreeniciit Into Wiirklnif
Or lie r itt a Meeting
Nisxt Week.
CHICAGO , March 20. A meeting of the
executive ofllcers of the roads In the West
ern Trunk line committee will bo held In
this city on March 25. Another c-ffort will
bo made to get the pool Into working order
and this time It is proposed to Inlllct heavy
penalties on any road proved guilty of
breaking the agreement. The pool has been
an utter failure up to now , and the meetIng -
Ing of the executive ofllcers some days ago.
In which It wa determined to give It an
other chance for Us life , has been productive
of no good whatever , Tlio demoralization la
rates continues an bud as ever , and tbero
scema to bo no remedy at hund that will
stop the evil. It U planned now thut all
roads In the agreement shall deposit a
largo amount ot money with the officials
of the pool as a guarantee of good faith , and
upon conviction of cutting rates or demoral
izing tactics , the fine will bo deducted from
the amount of the deposit. This plan , how-
evnr , has some strong opponents , and It Is
not sure of being carried through ,
There Is trouble among thu transconti
nental roads over the through California ,
bublncss. It Is stated that the rates from
the Ohio river territory to California are
much lower proportionately than those from
Chicago , and that the difference between the
rates Is making a chance to scalp them ,
which the brokers are not slow to seize.
The roads from the Ohio river territory have
been asked to raise their ratw , and It la
probable that the matter will osmo up before
a meeting of all tbo Interested roads In tbo
near future.
Htuelcey Deelnred JVot Guilty.
DULUTH , Minn. , March 20. The Jury In
tbo Stuckey case came In last night with a
verdict of not guilty. There l another In
dictment standing oaglnst Stuckey charging
him with having stolen 111,500 from the
bank on October 10 , The sensational fea
ture of the trial juet closed vtas that Stucltey )
went on the witness stand and teitlfled that
Ills superiors In the bank gave him inoneyj
to go away and then sought to throw on hlia
the blame for a shortage In the funds. k
\eiv llraellliin Coimul Arrive * . !
NKW YOIIK , March 20. Among the paV
sengers who arrived this morning pen
Ktcamcr Hevcllus , from Klo Janeiro , iva
Suior Daniel P. h. Cordosa , Brazilian consul
to Now Orleans , and family , and Bono *
Manuel J , V. Dacuna , Urazlllau consul a |
the City ot Mexico. * fa
