THE ( TMAirA DAILY BEE : HATIUIDAY , TKC13M ) BR 10 , 180J ( ,
CITY MAY TARE THE TRAMWAY
Lincoln Street Eailroatl Linblo to Bo Seized
for Unpaid Tnies ,
FORTY THOUSAND DOLLARS IS NOW DUE
I DelliKiurnoy of I.nnir Standlnic nnd
X Situation IlccrimlnK Aoiilc I-2le ! -
i tlun Ortlfleato * Not Yet
( ilvon Out liy thu Hoard.
, Dec. 18. ( Special. ) Owing to
the failure of Iho Lincoln Street Hallway
company to pay delinquent taxes to the
amount of $10,000. It Is considered thai the
system will pass Into thu hands of Iho city.
Two years ago Iho company went Into
the liand-s of n receiver , Urad Slaughter ,
but iii 'c then It appeals to have followed
thu old custom , and paid no taxes. Kvont-
tielly i ho property will paa Into the handset
ot the bondholders , who practically have
charge of It now. Hut to secure legal IK-
irsslon they miixt get It tircniih ! ; a Judicial
bale. The city's tax lien will have priority
over the moitgago bonds , and will bo first
sailsfled out of the proceeds ot the sale. If
no purchaser nppcara , It may bccamo ncccs-
uary for Ihc clly of Lincoln lo lake the prop-
f-riy. The chances are , however , that the
txmdholdci > will take It In , bond It , and sell
thu bomlH to Investors.
Secretary of Stale 1'lpcr has -Issued the
printed abstract of vote * cast at the elec
tion on November 3 , Including all the void
cast for atatc olllccrs , supreme judges and
the vote on the constitutional amendments.
And yet , eo far , lie formal report ot ( ho
Stale Canvassing board has been filed with
the governor , and the secretary of stale
tjys that It has not yet boon officially
MgnOd. It Is Known thai a resolution has
been blocked call regarding the report to
be made on the amendments and tlio vote
on supreme judges , but there appears to bo
a deadlock In the board concerning It , and
the secretary of ftato will nol divulge Its
Import. The cortlflcntcs of election ot all
etato ofllrers , with the exception ot the
supreme Judges , have been tilled out nnd
signed in the governor's olucu , but none of
them hns been Bunt out yet.
The secretaries of the State Hoard of
Health held a meeting yesterday at the
ofllco of Superintendent Cnrhetl. There
were prrscnl Drs. U. K. Ilalloy of Lincoln ,
J. Deghtol of Krlcnd , K. 1) . llalderman of
nrd nnd C. K. Stewart of Auburn. The
following were grunted cerllflcalcs lo prac
tice medicine In the stale : Dr. V. i : . Lllllcn-
dohl of Omaha , 11. II. Clark ot Graff , K.
II. Mrt'rcy ot South Sioux City , T. C. Mc-
Mellcn nf Fullcrlon , and II. L. Flnlcy of
Pawnee City.
The State Hoard of Irrlgallnn has handed
down decisions as follows : Karmcrs' Irri
gation ditch , Dawson county , claim for
water from the I'latle river allowed ; Hooker
ditch , Dawson county , claim for water from
the I'latte river allowed.
Mayor Orahnm today announced himself
an a candidate for re-election In a formal
statement In an evening paper. lie Bald :
"I believe thai when my administration of
rlty affairs Is examined the taxpayers will
find that I have looked utter mailers care
fully and economically. The hard limes
have made It rather ell 111 en It to make the
kind of financial showing I should desire
Taxes ure nbnul Iho last thing pan ! when
times arc hard , and this has bad a bad
effect on Ihe clty revenues. I have , how
ever , Irlcd lo make Iho cost of govern
ment us low as possible ; men have been cut
off In the various city departments wherever
It was possible lo do so , and I think that
It will bo found thai a considerable saving
has been made In Iho running expenses of
the city. "
A mass meeting of citizens In sympathy
with Cuba has bcnn called to meet tomorrow -
morrow nlghl at the Llndcll hotel. The
call has struck n popular chord , and a largo
outpouring of people Is expected.
The Btato olllccrs-clccl. residing In Lin
coln , lefl loday for Omaha to parllclpalo
In Iho banquet tendered them by the Omaha
Conrtncrclal club this evening. Governor
Holcomb went up on the early train this
morning. 1'rlvalo Secretary Marct and the
now deputy land commissioner , Rlon Nel
son , who had received special Invitations ,
left at 2:115 : p. m.
Articles of Incorporation were filed today
with the secretary of stale of Ihe Hrlck
Manufactory and Hulldlng association of
Omaha. The capital stock Is $50.000 , and
the Inrorporators arc Henry , John L. and
1-Mwln Llvcscy.
Omaha people In Lincoln : Al Iho Llndcll
P. S. Luwls , H. H. Tomson. Al Iho Capi
tal T. II. Andrews. At the Lincoln II. J.
llont. J. It. Andrews. C. D. Polls , H. II.
Bennett.
-i "vnitv < inric TO rsn HIS iinvoi.vmi
IMattxnioiitli Hey Shut In tlieoeU liy
a Deputy Jailer.
PLATTSMOUTII. Neb. . Dec. IS. ( Special. )
Ixist night Hess Little , a young man.
was shot In the neck by Jailer Hal-
loway whllo prowling around the jail. A
couple ot prostltiiles , who are Inmales of
V Iho clly jail , have allracled qullo a number
of young men around Ihc place for Ihe past
few nights , to the great annoyance of the
jailor and of the neighborhood and the
former determined lo put a slop lo H. Lllllo
was greatly under tun Influence of liquor ,
nnd after being told to go away , went around
to Ihe rear window and began to pound
upon the Iron bars.Jailer Halloway was
nt an upstairs window , and snapped his re
volver at the Intruder twice , with the Inten-
' tlon of scaring him. At the third snap the
weapon went off. and Llttlo received the
ball In the neck , the missile taking a down
ward course and lodging somewhere In his
back. He was taken homo and a physician
sent for , who stales lhal Iho wound Is not
ln.u i rnlls.
llrynii AVIII VlNlt Chicago.
LINCOLN , Neb. , Dec. 18. It was learned
today that William J. Bryan will leave here
In n day or two , Intending to go to Chicago
for a brief visit , reaching there Monday
morning.
CHICAGO , Icc. 18. The dlapatch from
Lincoln , Neb. , about the contemplated visit
of Mr. Hryan to this city was confirmed
here. President-elect McKlnley will be In
Chicago Monday , but It Is not likely that
ho will meet Mr. Hryan. So far OH now
known , no reception Is to bo given Mr.
Hryan whllo here. Ills coming Is known
to but few at this time and a public demon
stration has not been suggested.
Woodmen ill Iliinlinr llnd-rlaln.
nUNHAll , Neb. , Dec. 18. ( Special. )
Thu members of local Woodman camp , No.
021 , crowded the town hall last evening
with their wives and sweethearts. A liter
ary program consisting of duets , solos , and
We wish we could make
five-rybody believe that
promptness is prevention ;
that there should be no de
lay when you are losing flesh
aiid when you are pale , espec
ially if a cough be present.
The continued use of Scott's
ss . Emulsion in the early stagesof
lung affections does prevent
the development of Con
sumption. Your doctor will
tell you this is true and we
state it without wishing to
"I4 * " * "
make any false claims or
false promises. Free book
tells more on the subject.
, 'SCOTT & 110WNC , Clicmim , Niw Yoik.
f
recitations wns well rendered to nn np-
preclntlvo nudlonco. The ndilrrns of the
evening wns delivered by W. II. I'arkhurat.
After the progrnm the large gathering sat
down to a sumptuous supper prepared by
the wlvca of the Woodmen. During supper
the Mandolin club rendered several choice
selections ot music.
I.A\vvi2ii.s Titomi.n.
Mutrii I'raclln * of .Xllorni-yn In Seenr-
ConiiironilMi * I'VoN.
HBATrUCB , Doc. IS. ( Spcclnl Telegram. )
The appeal cate In the mntlcr ot Iho
Ocorgo E. King Ilrldgo company warranls
took n rather unexpected turn In the district
court this afternoon. Wat rants to the
amount ot $25.000 had been ordered drawn
In favor of the bridge company , nnd n local
ntlorncy appealed the matter In the name of
the county. In the meantime the company
nnd the board had agreed upon n settlement
whereby the county would save nbout $0,090.
The attorney succeeded In gelling a limpo-
rnry Injunction restraining Ihe board from
settling until his appeal wns heard.
The courl today sustained a mellon lo
dismiss Iho Injunction , ordered n judgment
rendered In favor of the brldgo company
for flS.OOO , lhat being the amount agreed
upon , and made an entry upon the record
advising the county attorney to Institute
disbarment proceedings against Ihe attor
ney L. A. Smith end any other atlorncya
who had lied up claims due from Iho eounty
for the purpose of obtaining a compromise
fee , the court making the statement Hint
the proceedings In this matter had been
entirely too rank to be overlooked.
At least ono legal light besides Smith
will probably be Included In the disbarment
proceedings.
noKIni ? Onl tin- Corn Crop.
DUNHAU , Neb. , Dec. 18. ( Special. )
Corn has. been husked In all fields except
that which Is on very low ground , the
ground being so soft lhat a learn can hardly
pull an empty wagon. Hut the cold
wcalher of yeslerday and lodny hns frozen
the ground sufficiently to hold up n loaded
wagon , hence Christmas will sco nit the
corn In this vicinity husked. More corn
Is nn Iho ground In piles Ihls year thin
ever before , which will neccssltalo Imme-
dlato delivery in large quantities.
Di-ollllnn Inr.v Content.
UNIVRIIS1TY PLACE , Neb. , Dec. IS.
( Special. ) The annual declamatory conlesl
of Oio Nebraska Wtsleyan university was
given In the chapel last evening. Eight
contestants appeared , four girls nnd four
boys. All of them spoke creditably. Miss
IJcsslo nenrlienrt won the first prize nnd
P. J. Lnwson secured second plnce. The
first prlzo consisted of one half term of
elocution IcRsons. valued nt $15 ; the second
ono half term class elocution lessons , valued
nl ? S.
aieliriiHl < a CKy.
NEBRASKA CITV. Dec. IS. ( Spcclnl. )
The Western Newspaper union was given n
verdict for $3 ngalnst Heed & Co. by n
Jury In the district court today. It asked
for $22 , but wns awarded the above
amount by the Jury , after being out nearly
nil night.
The case of Patrick Moron against the
Missouri Pacific for damages was setlled and
dismissed without n trial.
Cntlly of Iliirurlnry.
HEAT-RICE , Dec. 18. ( Special. ) The Jury
In the Hrownlng burglary case was sent
out at C o'clock last evening and nt 11 o'clock
returning a verdict of "guilty as charged In
the Information.11 S. Frltch's tailoring cs-
Inhllshmcnl was robbed on Ihe nlghl of
April 2 , twtntj'-ccven pieces of Koods being
taken. Drowning was folowcd to Atchlson ,
Kan. , nnd the goods found upon lilH premises.
A motion for n new trial will be made.
\ortli Ill-nil Mrrclnml KallN.
NORTH HEND , Neb. , Dec. IS. ( Special. )
The general merchandise store of A. Pollar
& Co. was closed thla morning under chattel
mortgage In favor of the Hank of North
licnd. Liabilities , $7,000 ; assets , about the
same.
I'rcparlnpr to I'leani * tin * Children.
DUNHAR. Neb. , , ( Dec. J.8. ( Special. )
The Chrlsllan Endeavor and the Christian
Union have united and will glvo a union
Christmas tree on Christmas eve. A fine
literary program Is In course of prepara
tion.
I'KXSIOXS TO WHSTI3II.V VHTKKANS.
Sarvlvorw of ( Iti'lx-Illoii ItcnH-iii-
liri-oil liy ( lui Hi-ncnil ( iowriiiaonl.
WASHINGTON , Dec. 18. ( Special. ) Pen
sions granted. Isuc of December 1 , were.
Nebraska : Original Thomas J. Weather-
by. Sowanl. Scward ; Oscar F. Scovlll , Ncm-
nha , Noinaha.
South Dakota : IlciBsue William D. Stiles.
Sioux Falls. Mlnnehnha.
Colorado : Original widows , etc. 'Mary ' J.
Hay , South Denver , Arapahoe.
Iowa : Increase Uharle.s W. Meyer. , Clin
ton , Clinton.
ISHIK ; of December 2 were :
Arizona Territory : Original William W.
Hall , Phoenix. Marlcopa.
Iowa : Original Clarence 1C. llocers. rtuth-
vcn , Palo Allo ; William II. Shoemaker ,
SlmrpHburg. Taylor ; David Hoon , Danbury ,
Wooilhury. Increase David H. Knight , Kol-
long , Jasper ; Jonathan V. Watson , Shelby ,
Shelby ; Samuel F. Dunngan , K. Dos Molnc.s ,
Polk. Original widows , etc. ( njioclal Decem
ber 5)-Kllzabnlh Cllnc. Coin , Page ; Mary
K. Fox , Dunlnp. Harrison.
Colorado : Original Wlllln J. Kstep. Den
ver , Arapahoe. Helssue Frank Williams ,
I'ueblo. Pueblo.
Utah : Mexican war widows Sarah Hen-
drlck.s. LoKiin. Cache.
Wai'hlnpton : Original John Anslow , Sid
ney. Kltsap.
Issue of December 3 were : Nebraska :
Original John M. McFadden , Clav Center ,
Clay ; Wllllnrd It. Smith. Heatrlcc. Gage. In
crease James H. Lynch. Firth. Lancaslor ;
William Sbatswcll , Genoa , Nance. Orig
inal widows , etc. Caroline M. Goodlng ,
Franklin , Franklin.
Iowa : Original Alvln White , Marshall-
town. Marshall. Additional ( special Dec. 7) )
William A nro. Snrlng Valley. Decatur ;
James N. WellerMlllsca. . Montgomery. In.
crease Thomas II. Taylor , Des 'Molnes ' ;
Townson It. JonoHedford , Taylor.
Smith nnkotii : Original wldowH. etc. fsnc-
elal Dec. 7) ) Jane Kenny , mother , Devoe ,
Faulk.
Wyoming : Increase Jesse D. Smith , Sun.
dance. Crook.
Issue of December 4wore :
Nebraska : Ordinal llenjnmln Ford ,
Omaha ; Adam Tlaslcy. Nlobrara , Knnx. Ad
ditional John A. Forbes. Uentrlee , Gage.
Iowa : Original Robert Carroll , Castana ,
Monona ; Charles A. Smith , Wayne , Henry.
Additional-John P. Dlnges , Atlantic. Cass.
Increase ( special , Doc. S ) James Young ,
Ironhlllf , Jackson ; William C. Sanders. Wa-
pello. Louisa ; Daniel Whetsllnc. Wollman ,
Washlnctoii. Original widows , elc. Julia A.
Pilch , West Grove , Davis.
Colorado : Original Nlcanor Romero ,
Trlnchera , Las Anlmas.
.STKAM13IIS IIAVK A HOUfill PASSAGE.
< > n flu * Conniiiilu Art *
llmlly Shaken Lp.
MEW YORK , Dec. IS. The steamship
Germanic arrived at her dock today after a
particularly rough passage. The log shows
that on Wednesday she ran Into "a whole
gala" from Iho nortbcaat. No damage was
sustained by the steamer , but thu passen
gers wcro badly shaken up. H. Thorpe was
thrown violently out of bed and sustained a
slight Injury to his splno. D. S. Taylor ,
whllo walking across the smoking room , was
thrown with great force against the walns-
cottlng and was badly cut over the right
eye. Miss L , H. Sare of London , Out. , and
a writing desk at which she , was seated were
sent Hying across the room. The young
woman was severely Injured by striking
against the door.
Ilcforo 'J o'clock tonight ten steamships ,
coasters nnd transatlantic liners passed
Sandy Hook and steamed up to their docks.
All of them said they had encountered rough
weather and their captains told of fatiguing
fights against heavy seas and winds. None
of them were Injured In the conflict with
the elements , but all were more or less be
hind the Hchedulo tlmo.
1'ornier Mnrilorei ! liy Illn Wife.
LAWRENCE. Kan , , Dec. 18. Last night
whllo looking out ot a window at bla home ,
five miles west of here , August Illennan , n
farmer , was shot In thu back by his wife
and Instantly killed. The woman then
turned the revolver on heruclf and tried to
commit nulctdo. Shu Inflicted a nerlaus
but not fatal wound In the left breast.
After being arrested Mrs , Illennan said
ulio did not love her husband and had no
rct'rcU for what uho had douo ,
nn\oivc ni"rn ?
i liUAKDo IJUllh
South Dakota Supreme Court Interprets
the Law on the Subject.
FULL RETURNS THE BASIS OF ALL ACTION
Homo HlfToroitoo of Opinion , However ,
UN In ( In * r\eniilli | > n of the
Stuff1 * llvrciillvc from .Mnn-
lIlllllltN
1'IRKIIE , S. D. , Dec. IS. ( Speclnl )
Though tlio election contest proceedings
have been settled by the canvassing board
receiving tlio full returns and Issuing the
certificates to the jiopulistB , some Interest
naturally attaches to the decision of tlio
court In the mnndnmua cases touching the
refusal of tlio board to Issue certificates
on Incompletereturns. .
inch : member of the supreme court read-
a separate opinion on the mandamus case
of Hlcharil J. Woods against Charles II.
Sheldon , governor of South Dakota , and
Thomas Thorson , secretary of state of South
Dakota. The opinions , while on different
lines all sustain tlio action of the ofllclnls
In refusing to Issue certificates to electors
on an Incomplete canvass of the state.
The opinion of Presiding Judge Corson
first reviews the demurrers filed In the
case , and overrules both that filed by the
defendant and that by the plaintiff. Holding.
"As the only ground of tlio demurrer la
that the affidavit docs not state facts suf
ficient to constitute a cause of action , tne
question of the Jurisdiction of this court
Is not raised" and need not bo decided In
this proceeding.
In the discussion of the main case pre
sented to the court , the presiding Judge first
quoted section 3 , chapter Ixxxlv , Laws of
1890. dellnlng the duties of the state canvass
ing board in the canvass of the electoral
vote , then states :
UUTIKS OK TUB OFFICERS.
Thin section is somewhat yiiRUo ami1 In-
delliilto and in order to fully i nderstn"
the meaning of the sec-lion ami the iimies
Imposul upon the governor tind the secre
tary of state. It will be neees-mry to ex
amine other sections of the net.
T IMr. . specifies the manner In
of oanvas-sere shiill
which tbo county board
o ow'SlMd , and their 'V'1 ' * S'AVudltor '
specifics the duties of the county in itor
In transmitting abstracts to the Jiritiir | >
that If
of state. And suction ' .Provides
tlio returns arc not received by the secrc
tary of stale , within twenty dajs Nfter
election , hi- shall send 11 'c 8l' " Vn'.ft
them. " While section 3 docs not spec I en , y
provide that the canvass shall bo of ill It lit
vnlei from ( ill the counties , such a duly
Is 'ncc-Srlly Implied from the duty im
posed upon them to canvass the vote , u
s , -loarly thu duty , therefore , of the gov
ernor and secretary of state to canvass
a 1 the votes from all the counties of the
state , nnd until that duty has been per
formed If the purported returns arc oli-
tiihmlile , there Is no authority on " " * Vjn
of those olllccrs to mnVc any declaration
of the result of the votes cast at the state
election or to Issue certificates of ' 'lection
to any candidate for presidential elector.
It is only to "each person duly
elected" that the governor Is uiilhorlzud
to give the pertlllcato of election. Am the
canvassers can only determine who Is duly
elected" after a full canvass of all the
votes cast In all the counties of the state ,
If duly authenticated returns are obtiiln-
The canvass not having been completed
as required by law. and It ulllrmatlvcly
appearing that the returns of some of the
counties of the state have not been can
vassed , and tin * governor and secretary or
stati- having taken a rc-cess from day to
day iintll proper and legal returns ran lie
obtained from these counties , the question
Is presented as to the power of the can
vassers to take such a recess , for a rea
sonable time. In order lo oblaln proper and
legal returns from those counties , they arc
not In terms prohibited from taking such
11 recess and their right to so take Jt. In
order to enable them to properly perform
Mm ilntlou Imnnsnil 1IIIOI1 them by law. It
seems to me. Is necessarily Implied nntl
Included In tlio powers grunted. The re
turns , or purported returns , arc scaled up
by the auditor and In that condition trans
mitted to the olllcc of the secretary of
Hy'section 5 It Is provided that such re
turns "said abstracts11 shall bo kept In
the olllcc of tlie secretary of state , un
opened , until tlio day appointed for open
ing them , and shall only hn opened In the
presence of the hoard. Suppose one of the
envelopes , when opened , contains no certl-
lled copy or any purported copy of an ab
stract of the votes cast for the- candidates
for members of congress or presidential
elector ? , but contains a purported copy of
the abstract of county olllccrs of.tho county
or sonus other equally irrelevant paper ,
would It 1)0 seriously contended that the
falliiro of a county auditor to perform the
duty Imposed upon him by law could dis
franchise the electors of the county and
deprive the ollicers actually receiving the
highest number of votes , tt the election of
their certificates of election ? I apprehend
not. Such a theory. If sustained , would
place It In the power of a county auditor.
Intentionally or by accident or mistake , to
destroy an election and enable parties not
entitled thereto to obtain certificates of eloc-
U "
° '
'PO\VEU OF THE CANVASSERS.
As wo have seen , the envelopes purport to
contain the election returns , and arc scaled
by the auditor , and In that condition trans
mitted to the ollico of the secretary of state.
When1 properly Indorsed the secretary of
state must presume that the envelopes con
tain the duly authenticated returns , as ho
had no authority to open the envelopes ex
cept at the time of the canvass In pres
ence of the canvassers. llo Is precluded ,
therefore , from sending a messenger for
them as provided by hectlon 4 of the act.
If when opened the envelope contains no
duly authenticated copy of the abstract ,
are the canvassers without power to supply
the proper returns ? Clearly not. There
must , of necessity , lie vested In the abstract.
In order that they may perform the duties
imposed upon the law namely , to canvass
all the votes and Issue to the parties hav
ing the highest number of votes the cer-
tlllcates to which they arc entitled.
The decision then holdo that the power Is
tima unrininiv pr.intpd tn the board to ad
journ to a certain day , or take a recess from
day to day to secure returns. And on the
question -of their "forthwith" canvassing ,
that such direction means the canvasa must
bo completed within such reasonable time
as Is requited to perform the duty enjoined
upon the canvassers. DOCH not pass upon
the sufficiency of the purported returns sent
In , and In conclusion , that the board not only
possessed the power to adjourn to secure
proper returns , but that they wcro fully
justified In so doing under the facts dis
closed In their answer.
Judge Harey concurs with the presiding
Judge' the finding that the demurrer does
not ralso the question of Jurisdiction , and
must be overruled. Holds that the purported
returns from Lawrence and Iluttu counties
were not returns , for lack of the official
seal of tlio county , which Is necessary to
nmko them such. The law provides for send
ing a messenger after returns whcro coun
ties have failed to make returns , and as
soon as U was discovered that no returns
had been received from these counties It
was the duty of the board to send a mes
senger to secure the same. The action of the
board In taking an adjournment and send
ing for the returns Is "not only legal , but
In the highest degree commendable. " "It
establishes a precedent which will tend to
Insure care on the part of officers and will
not open the way for a consideration of
doubtful returns by state canvassers , when
no necessity for such action Is required. "
JUDGE FULLER'S VIEWS.
Judge Fuller takes a different view of the
case In the fact that ho takes up the argu
ment presented on the demurrer filed by
the defendants and holds that the court "la
without Jurisdiction of the subject matter. "
Holds that the departments of government
each has assigned to It upcclflc and Inde
pendent dutlca , each entirely Independent
from the Influence and control of the other.
Quotations arc then presented from the
Chief Justice Marshall case of Marbury
against Madison In the United States supreme
premo court , which bears on the case , and
from Judge Coolcy In the case of Sutherland
against Governor In 20 Mich. , 320 , bearing
on the power of the court to mandamus the
governor.
A duty exclusively Intrusted to or en
joined upon cither department Involves the
performance of an official act by that de
partment alonn , and no other department
him lawful authority or Inherent power to
characterize the minio as ministerial or lay
Its coercive hum ! tlioruon. Therefore , for
constitutional reasons and from considera
tion of Bound iiubllo policy and of urgent
political necessity , the strontitwt current of
judicial authority In clearly opposed to Iho
lloctrlne , that mandamus will not Ho to com
pel thu governor of u titatu to perform an
olllclnl duly While CHUCK to the contrary
may bo found , relating to Ho-rnlled ruin-
Iftltrlal dulled , Iho latest vMeranccn of
courts nnd text writers ro o the effect
Hint any assumption of JUYttntnl power to
direct , control or coerce , by mandamus , the
olllclnl conduct of n chleP > x ( > ciitlvo of a
utaio IE without color of authority nnd u
direct encroachment upoii.-fllo vital prin
ciple which separates a ofiovvrnmcnt , of
which every man Is a. povqr l n , Inlo three
great departments and rxppgpsly defines
the duties , functions and IWW/fi's / of each.
The authority of the governor lo Is.itlo
officially and under the gcat , seal of this
state a certificate- elijcjttan as prlma
faclo evidence of the relntur1 . rights to an
ollico emanated from the ncpplo and Is a
matter of universal publlcr concern , which
they have cxprtssly commlllwlo Iho chief
executive , to the exclusion.1' , the other
two departments of the staW
Courts cannot control the exercise of ex
ecutive power , and Iho proposition la ele
mentary that "jurisdiction xavor subject
mailer must bo given by lqwi.lt cannot be
conferred by consent of parties. "
The governor , bcliir the * ole judge , not
only of what his olllclnl duties are , but
also of thr limp when they should bo per
formed. Is I'Xompt from coercion by manda
mus or other Judicial process. Maurun
against Governor. S U. I. . 192.
The legislature In section fi.fil" , compiled
laws , provides that the writ of mandamus
may bo Issued by the supreme and district
courts to any Inferior tribunal. Obviously
the executive department of the government
Is not an Inferior tribunal or person , and
It IB a reasonable Inference that the legis
lature Intended to exempt the governor
from the coercive Influence of mandamus.
Independent of the statute , It seems to mo
that the better doctrine and safer rule of
practice suggests that this court should de
cline to consider the subject matter before
It and dlmlsH the application for the want
of jurisdiction to do anything else.
I'HOTKCTIXl ! SOUTH DAKOTA (3A.MK.
Iniporlnnt MeiiHiiri * to llo t'ritrd Upon
tlio Approaching I.fnlsludiro.
SIOUX FALLS , S. D. . Dec. 18. ( Special. )
Park Davis , a well known lawyer of Sioux
Kails and president of the Sioux Falls Gun
club has drafted a hill for the protection of
game In South Dakota , and an effort will
be made to secure Its pcesage. The bill Is
a dras' le one and thcao who are active In
protecting game feel sure that it can bo
enforced. The bill forbids the shooting
of pralrlo chickens or white breasted or
sharp tall grouse between December 1 and
August 13 ; quail , partridge , nulled grouse
or pheasant , between January 1 and October
1 ; wild duck of any variety , wild gcteo or
hr.int , snlpo or any variety of aquatic foul
between May 1 and September 1. The kill
ing of bufffilo , elk , deer , antelope or moun
tain slice ; ) is prohibited between January
1 ard September 1. Any kind of a gun ex
cept that wl Ich Is commonly shot from the
shoulder Is barred.
The section relative to fish Is as follows :
U shall bo unlawful for any person , at
any time , lo lake , calch , kill or dcslroy any
flah hereinafter mentioned , except by spear
or hook and line , on any of the waters of the
state , except the Missouri river , or to take ,
calch or have In possession ( excepl for the
purpose of propagation or breeding ) any
trout , lairl-lockcil salmon , salmon trout or
longe , between the 1st day of September
and the 1st day of May , or any black bam ,
rock bass , ir.uskellunge , pike , pickerel , wall-
yert pike or perch , between the 1st day ot
March and Iho luth day of May. The use
of seine , nets of any kind , explosives or
stuplfylns drugs , traps , etc. , le forbidden.
The breaking of the law Is punishable
by fines rnr.ging from $10 to $200. In addi
tion to the line , dogs , gune , traps , nets , etc. ,
shall be confiscated. During the closed sea
son If a pore-on shall be * fpund in the field
with dog and gun this shall be presumptive
evidence of guill. The' la\v also provides
for Iho appointment of a game warden In
each county , by the governor , who may ap
point nub-wardens. Tlio "Ian- also makes It
obligatory upon all hunters to take out u
license to hunt before BilnB.ftito the field.
CO.VUITIOX 01. ' Til 13 HAMJIO CATTI.I3.
Itoport of a SlooUmau UN lo ( lit- Situ
ation In Sondi Daliota.
HURON , S. D. . Dec. A . ( Special. )
A letter from C. K. Howard.ione of the best
known stockmen on thq reservation , dated
at Smlthvlllc , on Iho Cheyenne river , says :
"Exlremely cold weather for Ihls time of
year , with much snow , , piakps the situation
serious , as very generally 'on the range
short feed Is the rule. No one storm or
severe cold spell cau os > much loss , as
thoroughbred range cattlb' possess great en
durance , but continued cold with frequent
storms , accompanied with heavy snow , grad
ually destroys their vitality and paves the
way for ultimate loss. If thcro Is no let-up
to the unusually severe weather we must
suffer great loss before spring. If condi
tions change , and more favorable weather
should develop , I do not think any unusual
loss will result. The old rule , 'as long as
thcro Is life there Is hope,1 applies to cattle
oil this range , but a too frequent repetition
of bad weather will set us afloat. As re
gards the destruction by wolves no unusual
loss has resulted this season In that direc
tion , but they are at all times very
destructive and cause great loss to range
stock. During tlio past three days I have
seen the half eaten remains of seven cattle
killed by wolves. "
KT mi Inferior Quality of Oil.
VERMILLION , S. D. , Dec. 18. ( Special. )
The Standard OH cojnpany Is pulling
some terribly poor oil Into this state. In
stead of dispensing with the state oil Inspector
specter , as sonic of the state papers arc ad
vocating , there Is urgent need of such an
officer's presence In every town where
Standard oil Is used. Complaints from all
over the stale are numerous and In several
places the merchants have banded togclher
In order lo light the trust by patronizing
other ' oil companies. In this city the oil
has' the color of milk and gives a very
poor , dim light. Whether It Is explosive or
not has not yet been demonstrated , hut
usually second grade oil Is more dangerous
than the best. In this city It Is causing
many to use the electric lights Instead of
oil.
Dotililc AVcdilliK ? nt Vt-rmltllou.
VERMILLION , S. D. , Dec. 18. ( Special. )
A very unique double wedding occurred In
Ibis clly Tuesday evening at the elegant
homo of J. II. Drady. The united parties
arc A. Hallam and Miss Ruth Ilrady and
Mr. William Simons and Mies Sadie Brady.
all of this city. The happy union was made
by Rev. J. N. Leo of Sargent Bluffs , la. ,
who Is a relative of the brides. The wed
ding wcs private , only the Immediate rela-
llvcs being prcaenl. The Iwo young women
are slslers and are among the favorites of
this city's young people. Mr. Hallam Is
a leading attorney In this clly , and In re
puted to bo well off In Ihls world's goods.
Mr. Simons Is a prosperous young farmer ,
a graduate of the Stale university , of Iho
class of 18S9 , Both of tlio couples will
make their future home In Vcrnitlllon.
\o ( MiiiuiKliiK Kylc'M
. HURON , S. D. , Dei' ' 18. ( Special. )
Hon. C. Doyd Barrett ,0 ! A'bcrdecn has Is
sued a card denying \\\nl \ \ , ho Is managing
Senator Kylo's campaign for re-election , In
which ho says : "L have 'nothing to do with
Senator Kylo's campaign ( other than as a
loyal friend and supporter for rc-clcctton.
If I did not support film'vns an Aberdeen
and nrown county cltlzon , I would con
sider inyself a knave" .qml traitor to thu
business Interests of niy.cUy , and county.
AS lar as i am auio TO Know uic senator
has managed his own1 ca'mpalgn from the
start , without the spoolarald of any one
of his friends , and will , : I believe , do It
to a successful finish. ' . ' -
Impudent .SI ml rut , , Vuitnvn n How.
SIOUX FALLS. S. D.'Dqc. 18. ( Special. )
Martin Olson , a student ! of the Baptist
college , was suspended' yesterday for In-
eubordlnallou and Impudence , and as ho re
fused to make amends or , to give guarantee
of bolter conduqt In the future , he was ex
pelled by President J. U. Merldeth. Most ol
the pupils took the part of the student ex
pelled , and about fifty of them marched
In a body to tint office of Hon. H. H. Keith
demanding the reinstatement of Olson , and
the retirement of President Merldeth.
Judge Keith succeeded In persuading the
students that they wcro acting In a baity
and unwarranted manner.
For Sflllnir Miinor lo InilliiiiH.
CHAMBERLAIN , S. D. , Dec. 18. ( Special
Telegram. ) Ccorgo Schcrcr , a prominent
business man at Oaccma , was bound over
hero today by United fitatca Commissioner
Stuart for nelllng liquor to ludlauu.
CLAD TO CIIAXCK THEIR PLAN
Trustees of tlio Iowa Soldiers' Homo Want
to Avoid Trouble ,
WILL AMEND THEIR RULES AT ONCE
fntirl AKrot'N to I'lmlpnne A ' -
( Ion on the Complaint of Inmate *
II ! Their 1'rnxlcuiM Are No
I.oiiKor Interfered Wllh.
DE3 MOINES. Dec. IS. ( Special Tele-
Brain. ) The Marshalltown Soldiers1 Home
case was settled for the present today.
The trustees of the home appeared before
Judge Woolson and asked thai Iho Informa
tions against them bo dismissed. This was
refused nnd then n stipulation was agreed
to and tiled. It provides that thu cases
shall be postponed Indefinitely , but shall
remain on the docket so they may bo called
up at any time.
In consideration of this the trustees
agteo at their next session lo pass , a reso
lution amending their rules , so that they
shall not hereafter take from Inmalcs any
part of their pensions , Further , the trus
tees shall petition congress for the passage
of a law granting lo soldiers homes the
right to have control In a measure of the
pensions of Inmates.
In the case the law Is not passed then
the Irustccs agree that they will not re
sume the collection from Inmates of any
part of their pensions. If the trustees fall
to carry out their agreement In all re
spects , they will bo arrested and tried on
the charge of Interfering with the admin
istration of pension laws.
IIAVI : A me ronTi'M ? i.v sinirr.
ConipllrnlloiiN Under AVIileli n DON
.Iliilnrs Company StriiKKloN.
DES MOINES. Dec. IS. ( Special. ) The
Damascus Steel company of this city Is
In a fair way fo make a fortune If It can
Just find the process for making Its steel.
The process was discovered by S. R. Dawson -
son , an eccentric genius who Is now in the
penitentiary for the murder of his son-in-
law , Walter Scott. Thai tlio process Is
genuine and of great value metallurgists
all agree , lleforo his troubles began , Dawson -
son organized the company , and was given
Sliol.OOO of his $500,000 of capital stock. Ho
was to give Iho company his secret. It
was agreed thai Iho formula should bo
written out In detail , proved , and then
locked In a hank vault , with a conlract by
which It could not be taken out except by
the Joint consent of Dawson and tlio board
of directors of the company. Then Dawson
got In trouble and went to prison. The
formula is still locked In the vault and he
will not consent that It bo taken out. In
his troubles , ho sold enough of the flock
so that the control of the company passed
out , of his hands , but the bank will not vlo-
late the contract by opening Iho vault. His
wife proposes to sue Ihe company and bank
to compel It to turn the formula over to
her ; the company Is pcrparlng to sue the
bank to compel It to disgorge. The stock
holders have hold several meetings , and
are still trying to compromise , with little
chance of success. They are the best busi
ness men In the town , and coiifldenlly be
lieve Iho process of Immense value.
suss M.vitv nuAici ; snriiHTi.v AVKD.
_ _ _ _ _
Daiiuflitor of IIIWJI'N iovornor Marriott
Cioii-iri. siiirili'vnnl of OnriIllo. .
DES MOINKS. Dec. 18. ( Special Tele
gram. ) The announcement was made today *
that Miss Mary Lord Drake , daughter of
Governor F. M. Drake , and George Sturde-
vant of Ccnlervlllc , la. , were secretly mar
ried at Denver. October 28. Miss Drake , as
head of Iho governor's household , has be
come widely known and popular In DCS
Molnes , and has been reporled engaged
at different times to at least two prominent
young men of the stale. During the sum
mer she went to Colorado for her health
and there was Joined by Mr. Sturdcvant.
They had been friends from early childhood
at their home In Ccnlervllle , and Iho al-
tnchment between them was well known.
When Miss Drake came hero her father
supposed she bad forgotten the old love
and few knew of It , but a correspondence
was kept up which resulted hi the secret
wedding In Denver , almost two months ago.
Mr. Sturdcvant Is not yet established In
business , but will enter the banking busi
ness at Moravia , la. Ho Is a Stale uni
versity of Iowa man.
Governor Drake was disposed lo bo un
forgiving when ho went to Denver Iwo
weeks ago and llrst met his son-in-law ,
but since then ho has telegraphed both his
daughter and son-in-law that they will
bo expeclcd lo Join Iho Drake family re
union at the old home In Cenlervlllo on
Christmas.
I3XTI3.\DI\R AX IOWA IIAIMIOAD.
KeoknU * AVoKtorn OIIIMIN for Ilusl-
iicKN In an liiipnrtaiit CoialiliiiKlon.
DES MOINES , Dcc.18. ( SKclal Telegram. )
A party of Dee Molnes business men were
today taken on n trip over the newly-opened
line of Iho Kookuk & Western through
southern Iowa. Another parly from Keokuk
Joined Iho DCS Molnes people at Centervllle ,
and a banquet was given the visitors and
a reception at Osceola. It was announced
during the day that negotiations are practi
cally closed for establishing a through line
from the gulf to the lakes. Port Arthur Is
tlio gulf port , reached by the Kansas Clly ,
Pllleburg & Gulf , which reaches north lo
Kansas City. From there to this city Iho
connection will bo made over the Keokuk &
Western , which has already commenced work
In this city. From hero north the connecllon
will bo over Iho Minneapolis & SI. Louis ,
part of the Rock Island syntcui. This line
runs from hero to Minneapolis , St. Paul and
Duluth. From the Twin Cities it is operated
under the name of St. Paul & Duluth. The
traffic arrangements are practically com
pleted for the complete lino.
( tfAllItl-nI\i OVKIt. A CMCHKSIIII' ,
Secretary of Stato-Kloct for lotva
I'rovoKliiK Tronlilo.
DH3 MOINES , Dec. 18. ( Special Tele
gram. ) George li. Dobson , secretary of
stalo-clecl , Is likely lo enter his new office
in January with a row on hand. He baa
notified Frank Landers , clerk of the execu
tive council , that A. E. Shipley of Mar-
ahalltown will uuccced him after January 1.
The other members of the council , the gov
ernor , auditor and treasurer , do not like to
have Landers discharged , and have delved
In Iho records to prove that the clerk must
bo confirmed by the full council. They
also discover that the clerk Is paid out of
the miscellaneous expense fund and not from
the secretary's clerk hlro fund and that the
bills cannot be allowed except by the full
council. They threaten that If Landers la
removed they will not allow the salary. In
which event the secretary muni act as clerk
of the council.
Konr Ulvorc-f ( 'IIHI'H nl CroHlon.
CRESTON , la. , Dec , 18. ( Special. ) The
divorce mill at the coming term of the dis
trict court promises to he Interesting. Four
petitions for divorce wcro filed yesterday.
James A. Downing sets forth these state
ments In his [ Mrtltlon : Ho says ho was mar
ried to a widow In October , 1S9I , at Albion ,
Neb. , and that ho lias been sorry for It ever
filuce. He eays that the widow bad five chil
dren. The family made It so unpleasant
for the old coldlcr that bo was forced to
leave and live with relatives- . The fancies
of wedded life wcro a delusion , and he wants
the court to grant him a dlvorco and glvo
him such other relief as seems just.
Allco Morrison doesn't like Je&so any more.
They were married In Crestem In 1889. Mor-
rlsc/n was an engineer on Iho Iturllngton
road , running between Crcston and Omaha ,
and whllo employed van all right. Ho lost
hU situation , and bccamo an habitual
drunkard , li accused of mistreating his wlfo
and finally dcocrtlng her. She asks for a
dlvorco , custody of two minor children ,
$100 temporary nnd 11,000 permanent ali
mony.
The brief matrimonial experience of
eighteen months with Albert Btcveiitt has
tccn rnoiiRh for Maud , Stio raya ho mis-
Irr-Atrd , Mi.iinefully nhuttM , ncttincd her of
adultery , nnd made her life unhappy , r.ms
Ing her niiKUlflh of mind. She wants $100
temporary alimony nnd $1,000 permanent
alimony , nnd the use of her maiden name ,
Maud Cnltiomt. H Is understood Albert will
fight the c.ise.
Mr * . George Emerson nsks for a divorce
because of desertion. Her hu band left her
more than a > ear ago. and as she hns had
to make her own living that long she pre
fers to continue to do to.
IMtO.M'HimiS A\ IOWA IM'ltl.ICATION. '
A. S. llnrnoll of MarNlialttiMvn , la. .
tilvoii a .lull Sentence.
DES MOINES. Dec. IS. ( Spcclnl 'Tele
gram. ) A. S. tlurnell. publisher of the .Mar
shalltown Interstate Tracer , was today sen
tenced to six months In jail nnd n line of
$1,100 for sending Improper mailer through
Iho malls. The case was In federal court.
IlurncU's piper has for years been ciiR.isod
. In publishing lists of bad debtors and of-
! forlng for sale bad accounts. Several efforts
have been made heretofore to stop the publi
cation. bill nil have failed. Judge Wool-
son suspended all the penally except $100
fine , with the understanding that a repeti
tion of the oifonfo would rcsull In the exe
cution of the full penalty. llurnell will
give up the business and under Judge Wool-
son's decision all similar publications maybe
bo suppressed. _
siot'.v CITV myricTivis' : nxro.sn.
ANirrt < linl They Have I'noarlhoif a
< > niiK of MnrdiTi-rN.
SIOUX CITY , la. , Dec. 18. ( Special Tele
gram. ) Henry Lucas , colored , was arrested
today , charged with burning n building
and causing Die death of John F. Jones
some lime ago. The building was burned
early one morning and Jones was unable
to escape. A. negro named Pettlgrcw was
arrested at the time , and Is held on the
charge , hill there was little evidence
against him. Now detectives assert that
they unearthed the whole plot and find
that four men were In It , one being a white
man nnd that the negroes were paid $10
rach for their part. All will bo arrested
soon. _
I , rt In ( ho I'op. Paporx.
CRESTON , la. , Dee. IS. ( Special. )
After the adjournment of the democratic con
ference which elected W. T. Davis to suc
ceed E. W. Curry , the Democratic Prera as
sociation held a meeting and elected S. A.
Hrewstcr of the Creslon Advertiser presi
dent and O. E. Illll of the Leon Reporter
secretary. In order to Include all free sil
ver papers In the district and admit popo-
crnls , the name of the association wan
changed to the. Democratic nnd Bimetallic
Press association of the Eighth district.
Kail to Implicate Su-i-onoy.
OTTUMWA. la. . Dec. IS. ( Special Tele
gram. ) Sheriff Mills of Marshall county
came to this clly this morning , accompanied
by James Matthews , to Identify Dnvw Swee
ney , a tramp held for the murder of Andrew
Hart , at Lamollle. la. , Sunday morning.
Although the Hkeacr.3 was considered re
markable and Iho slorlcs told by IxHli men
peculiarly coincident. Matthews , the only
man who saw the real murderer , failed to
Identify Sweeney , and ho was released.
.lulled for Korircry.
MISSOURI VALLEV. la. . Dec. 18.-Spe- (
clal Telegram. ) J. E. Hamilton of California
Is languishing in Iho city Jail tonight ,
charged with obtaining money under false
pietenses , having forged the name of W. A.
Smith to a cheek for $7.S5 , which wa cashed
by L. N. Goodrich , a local merchant. He
was on a dri r.k. Hamilton has borne a good
reputation. _
Knlnl Pall DOIVII n Shaft.
OTTUMWA , la. , Dec. IS. ( Special Tele
gram. ) John Kuril , n workman , fell down
a mlno shaft eighty feet and was Instantly
killed this o\enlng. He was a single man.
35 years old.
! iii5J3a
South Omaha News . jtj
1
In the case of Cortclyou against the City
of South Omaha , Judge Kcysor yesterday
decided that the clly conucll must make n
levy to pay the judgment held by Cortclyou
against the city. This Is a case where
Cortclyou purchased the Ilarlow judgment
which was rendered against the city some
years ago nnd the council neglected to set-
llo the claim while there was money In
the funds for thai purpose.
At the tlmo the 1806 levy was made
Cortclyou presented his claim lo Iho council
and requested Hint provisions bo made for
the payment of the judgment he held. The
council expended all the money In the
judgment fund without satisfying this claim
and Cortclyou Instituted mandamus pro
ceedings In the district court to compel
the council to convene and to make a spe
cial levy to pay the same , with results as
above , stated.
The unsatisfied portion of this judgment
aggregates some $ flOO. together with a largo
bill of costs and Interest for several years.
To make this special levy will cost the
city quite as much or more as the Judg
ment Itself.
CIIA\ii.S AT T1IK HOSPITAL TODAY.
Kornu-r HoiiNeUeoiier anilurm -
Leave (41 Tal > I'p Other U'orlc.
'
Mrs. Worlcy , the housekeeper , and Miss
Percy , the nurse , at the South Omaha
hospital , have resigned and both leave the
Institution loday for more lucrallvo fields
of labor. The Institution Is In debt to the
amount of $100 and subscription lists arc
now being circulated among business men
In an effort to make up this amount. Un
less sufficient money Is raised the hospital
will have to be. closed.
The Instllullon has been supporled en
tirely by donations nnd the women who
have had control of affairs have worked
hard to keep tlio Institution alive , but owing
to the largo number of charity patients
cared for during the past year this has
been Impossible. Last year forty-nine
patients wcro cared for at the hospital ;
twenty of these paid nothing , ten paid part
of their bills nnd nineteen paid In full. The
running expenses of the hospital have
average $120 per month , which for the year
would amount to JI.UO , thus the expense
attached to the keeping of each of the
forty-nlno patients amounted to $29.CO.
Every month the city council donates
$25 to nhe hospital , which pays Iho rent
of the blinding occupied and In the case
of charity patients the city also furnishes
the medicines. Outside of this stated In
come the hospital has been compelled to
depend upon donations from friends. Very
llltlo of the Income has been spent In
salaries , as the housekeeper was paid only
$15 a month , and the nurse $28. It Is un
derstood that when the now nurse and
housekeeper commence work they will bo
paid $25 and $10 .per month , respectively ,
and a saving of $8 a month will thus be
It Is BO because It gtrlkc * at the cauie of
thu Clogii < l , / rrltutttlifunutf / , Stugylih , or
OttncorkiU I'OIIK.
Bold Ihtouthout tht wnrM.TntDnon inn Ciuw.
ICtI. Conr iuTl . Holt I'd i n , Bo.lun.
or " Jlow to 1'meut J-uuil. . , " 01 iitga , 111ui. , fn .
Z3 t
_ _ _ _ _ _
affected. . A meeting of the hospital Huso * ( ;
elation will bo held next Tuesday after- ij
noon lo Arrange business mntters ,
Tiilli of a \Vnlop AXorlt * Contract
H was reported on the streets yeMcrdny
that the Omaha Wnter Works company wilt
mnko nn attempt to have the contract
with the city of South Omaha nnnullea
nnd n new one entered Into. The present
contract hns nbout ten years yet to run nml
provides for n pressure nt the surface oC
eighty pounds. The water gntiRe , however ,
very seldom , If ever , goes above sixty ,
pounds nnd nceordlng to the self-roglstcrlnc
gauge Iho pressure hns not been more than
sixty pounds for many months , \\hen the
question of abrogating the present con-
trnet wns brought up nt n meeting of the
city council noino mouths ago the attorney.
wns Instructed to look up the contract nml
sro what could bo done lownrd getting bet
tor service for less money. The contrnct ,
however , was not nt that time , nor Is It
now , on file In the office of the city clerk.
llMMUfl Itnll < ! nmo a Tlo.
The match gnme of basket ball between
the Reds nnd the lllues of the Young Men's
Christian association came off Thursday
night according to schedule nnd resulted
In n tie. The game wn played In two 1U-
teen minutes halves with seven minutes
rest between the halves. W. M. VanArnian.
phvslcal director of the association , acted
ns' referee nnd he had lo pull hair and
kick In order lo make the participants
piny fair. Those who took part In- the
game were : Reds-Cnptnln. Harvey Mosely ,
W. Gllchrlst , Harry Fenner. R. O. Has-
kins , Herbert 'Ilrondwell ' , Charles Robinson.
nines Cnplnln , William llerry. Otto Rnd-
zowelt. James Allen. Otis Peterson. Harvey
Wagner , John Fields. John Carlson wns on
hand for n substitute. The gnme wns very
Interesting nnd the sides Intend to piny
off the llo nl nn enrly dnle.
1'ollooinail Sluil Ibo HOI-NO.
Yeslerdny afternoon n woman called nt
police hcndquniters nnd reported that a
horse In n barn back of the brick block
nt Twenty-fourth nnd N streets wns very
sick nnd ought to be shot. Officers ICrchs
was Bent to look Into the matter nnd
found thnt the nnlmnl wns owned by n com
mission man named Llnlnger nnd had been
lying down In Its stall for four days. The
policeman shot Iho horse lo gel II out
of Its misery. _
Maulo rily ( JoNslp.
Hiram Hall Is on the sick list. I
W. C. Shelton of Central City Is n visitor
in the city.
There will be n turkey shoot nl Joe Mnl-
landers Sunday.
Hosel Adams , Twentyfourth and 1C streets ,
Is down with dlphlhehla.
Slookwell Matthews , nn extensive sheep
raiser nt Sheldon , Is In the clly.
There Is a case of scarlet fever nl Frnnle
Wnllweber's , Twentieth and Missouri avenue.
Thomas Kcogh was at the yards yester
day with live cars of cutllo from Hullo
Mountain , Nov.
J. P. King , one of Colorado's successful
stockmen , -was at the yards yesterday at
tending to some business.
The Schlltz Brewing company yesterday
paid Into the city treasury the sum ot
$ L't21.2l : , which was duo on 1S9B tnxes.
High school students nro preparing ft
debate on the Income tax. which will bo
listened to nt a meeting of the society ;
next Thursday afternoon.
Frnncello ( J. .UllBon , vice president nnd
treasurer of the Rhode Island Mortgage
and Trust company , wns in the city yester
day , the guest of City Treasurer Droadwcll.
.loin rivilNiirr wild HIINIII-NN. |
Haley FUko , llrMt vice president ; Oeorgrt
H. elusion , second vleo , president ; Dr.
Thomas Wlllard , medical director , and IJ.
It. Corwln , superintendent of agencies ot
the Metropolitan Life Insurance * company ,
of Now Yoik , wore In the city yesterday.
With them wire over a hundred of the
aKonts of the company from all portions oC
the western country , nnd those were enter
tained at a dinner at the Mlllard hotel yes
terday. In addition to getting acquainted
with each other , the ollicers and employes
of the company jollied business with pleas
ure , and duvotcd a portion of Ihc afternoon
lo lalklng over biittlncs.-t.
Many a man
would defend hia
money with his
life , and many a
man docs this
very thing without
knowing it. There
arc thousands of
men who dcclin. .
llo defend their
lives with their
money. They are
so intent on
moncy-KfttiiiK
that they forcct their health. The health
cannot be trifled with. The body rcscnta
neglect. Little disorders become big ones
if they are allowed to run on. The man
whose digestion is poor , pretty soon finds
that he is losing flesh. He docsnM. weigh aa
much as he did. He doesn't realize that he
is losing vitality ; thnt he is losing strenglh ;
that he is losing capacity for work ; and that
even his brain must of ncccBsity become
weaker , if it is nol tiomisliecl. Loss of flesh
means that the whole body is gOIIIR lo wreck.
It is fatally easy to run downhill. A man
keeps going faster and fabler as he goes
down. When health begins to leak nut , it
leaks very fast. The time to stop it is right
away. The way to stop it is by taking Dr.
Picrce's Golden Medical Discovery. H is
the greatest tonic and invinorator that was
ever prepared. It is the discovery of a prac
ticing physician , eminent and successful in
bis profession , the head of one of the great
est medical institutions in the world , The
Invalids1 Hotel nnd Surgical Institute , of
BulTalo , N. Y. It is an almost infallible
cure for consumption , and for all Ihe minor
tionbles that lead to consumption , chief
among these arc emaciation and general ,
bodily debility. The " Discovery " purifies
and enriches the blood , invigorates the
nerves , stimulates digestion , brings back a
Iicaltby appetite , healthy & 1ccp , and a
healthy , natural action of all 'lie organs of
' the body. Druggists cell it.
Kvcry man , woman nnd child in the United
States ought to have access to a copy of Dr.
Picrce's great work , Ihe " People's Common
Sense Medical Adviser. " The book con-
cisls of 1008 pages , and is n complete med
ical library it ; one volume. Kvcry one may
have n copy , paper-covered , absolulclyfree ,
if he will .send 21 one-cent stamps , to pay for
the cost of mailing only , to the World's
Dispensary Medical Association , liuflnlo ,
N. Y. If n handsome , durable I'rench cloth
binding is desired , fiend ten cents additional
( thirty-one cents in all ) .
AMUSIMIKVr.S.
BOYD'S ' TONIGHT 'lnsl ' Two | lcrfor
| nmncss Saturday
EDISON -mv "I"1 1'errL'c't
-
Motion Picture * * ,
VITASC0PEI
Anil Dramatic Company.
flmnco of Vl w anil 1'luy every | i < * rfiirinanci > .
Iti-M-rvrd pfiitH , 3.r > c , 2. > c mid lie. Mullnro , So
nml I'M. Oil hi T ITI , too.
THRATI.U 1IOUSH
L. M. Crawford , Mur. | I > IICI9 ( !
Four nlKlilH , two inatlnovn , ( jpcnlni ;
SUNDAY ( VIATI.MEE , DEC. 2O ,
I.nuKli nnd be merry. Kco
THE AMERICAN GIRL.
K. T. illob ) Graham
AH tlio ( Jrc-at Ainorlcnii Hustler. ,
Good rvKvneil n-al . Ko anil We.
THE CREIGHTOH
Manager * .
TODAY AT Ui.'IO TO.VHJIIT AT Hittt ,
Tlio Or cut Hcunlo Kuccctn Niil < JIUWJKHii'
THE COUNTY FAIR "
Prices 25o , COc , 75c , JI.W. Mutlnce-ISo ami COa.
li-e , 22.23-"TIIi : LADY fil.AVBV. "
IIOTKI.M.
HOT EL ,
TimiTKi.vrii AMI JOMH .STUKKTH.
140 ruoinu , ballin , tteum heat and ull modern
convenience * . Itulm , JI.W und 12.00 per ( lax-
Table unescellcd. Hiieclul low raten ID
boarder * . FJlANK IIILDITCU ,