THE OMAHA DAILY BEEt , frEllRITAKY 10 , 1807.
TALKING OF GOOD ROAD !
Annual Meeting of the Douglas Oounl
Eoad ImproTCtnont League.
CYCLISTS AND COUNTY OFFICIALS MEE
Anniinl rinllicrliiK of < I'C People
' TluiroiiKlifiiri-fi Into
Hotter
l < 'nvor
( lie Country ntMric-l * 1'rcnl-
ilcni AVJlllniuii' A
The annual meeting o the Dougla
County Road Improvement league convene
In district court room No. 2 at 10:30 : ycstci
day morning. The attendance was largo an
the proceedings spirited and Interesting
0. K. Wllllamg , president ot the league , prc
tided , whllo among the delegates puten
\vero County Commissioners Klerstcad , Hector
tor , Stcnberg , Ostrom , Hofeldt ; Uoad Over
I'eter Kragskow , L
scors August Rogert ,
Ilongo , Adnm Crooks , It. W. Douglas , Honr
Ilohwcr and W. H. Uollln * . The blcycl
organizations and League of America
Wheelmen wcro represented by F. W. Fltcli
S. G. V. Grlswold , Charles Thomas , Georg
II. DurcharJ , Thomas Wilson , K. U. Hcndcr
eon , M , II. Redflcld and W. F. Webber.
The business of the convention was In
auguratcu" by a very sound and Imprcsslv
address by President Williams , In whlcl :
nfter a cursory resume of the road bulldln
history of this and foreign countries , h
said : "Today wo arc protecutlng the grci
work with a courage never felt before an
with better prospects for a h&ppy fniltlo
for the time and expense which Is beln
BO lavishly expended. " Ho thought tha
the weight of the burden ha
and must continue to fall upon th
shoulders of the league , couple
with the county commissioners , the ron
supervisors and the bicycle organization
who were now evincing most commendabl
Interest In the matter , but that they woi
capable and fully alive to the Important
of the mission cut out for them. In tlrr
better and fuller legislation would rellcN
distinct bodies of mucu ot the onerous bi
self-Imposed labor , but until that tlmu tl
county ofllclals and Imprcvi'intnt and \vhe
clubs chould assume the brunt and push tl
grand work on. Great things have been ai
compllshed within the last year , yet that I
be encompassed ahead Is of far great )
magnitude and Importance and there Is 11
time for Idleness or rest. At the prcscr
time It looked as If the county comml :
sinners , road supervisors and wheelmen wci
mom energetic than the farmers. "We ,
continued the president , "depend too large !
upon the stamina of our horses for tram
portatlon , whllo the bicyclist has only hewn
own limbs to resort to , hence hu Is kccn <
and quicker to detect deficiencies In ot
highways and more persistent In clamorln
for their Improvement. " In this connectic
Mr. Williams observed that ho was muc
disappointed In not seeing more of thei
present. He averred that they were tl :
ploneera In the agitation for a good roac
system and for their zeal In this line 1
held for them untold respect. Ho expatiate
upon the Incalculable necessity of betti
roads. In the approaching age of steal
and electricity for propul.ilon purposes tl
farmers would be keenest In detecting flaw
In the road grades. Ho asserted that tl
day was not far distant and was sure i
como when the faithful Bleed would becon
little else than a romar.co and a fable ,
more prodigious power than flesh and hot
and sinew and mucclo would be brougl
Into requisition to move tralllc. I'rcsldei
Williams then dwelt at some length upc
the probable good results of the annual coi
vontlon' giving way finally to Mr. Klerstea
UIIGES PUSHING THE WORK.
The genial commissioner was exceeding'
voluble- but Deeply Interesting. He urge
that the work In hand bo pushed farwai
Mlth all possible speed , but thought thi
the bulk of It bhauld bo through the couql
commissioners. ! "The county , -being c.u i
as It Is , called for a distribution of $3,0'
or $4,000 that could bo utilized In a high !
practical way. The contract system hi
proven Its superiority as prosecuted undi
the present board's regime. " He told aboi
the collection of city taxes for county In
provemcnt end showed how liberally tl
farmers are treated , they realizing nboi
eight-tenths of the entire road tax. "Ov'i
In Iowa , " ho sflil , "the supreme court hi
held that city property cannot be assessi
for county repairs. Farmers are allowed
work out n tax , but accomplish next to notl
Ing , and the system should be abollshc
IIUo the denizens of town and city , tin
should be required to pay their road tax :
money. "
Mr. Klerslcad also had a fund of Intcresi
Ing Information about the system ot roa
building , and efficaciously compared th
natural grade to the artificial so large !
followed. He was an adherent to tli
construction on natural lines and showed u
the fallacy of clinging to section lines. Di
the .change now would require too rauc
expense , and too much labor , but his argt
jucnt wus none the loss potent and convlm
lug.
lug.A. . C. Aokorluml of Valley read a som
what exhaustive paper upon the neccsslt
of- good roads , embodying much practlci
Knowledge as to the best way of brlngln
about the happy Usuo sought and the moi
feasible plan of perpetuating the work. H
described minutely how a road should I
Improved. Hn told how the work wt
formerly dortc , or pretended to bo done b
township overseers , and what a vast In
provement the county commissioners wci
gradually bringing about with their In
proved graders and scrapers. Ho gre
eloquent upon the economies of passabl
highways and sought to demonstral
the per centum on the dollar which won
accrue to the short-sighted agrlculturl
by the exercise of a little wisdom and got
sense In prosecuting the work of road li :
provement. Ho explained how washou
Bhould bo treated , culverts put In , low lam
ditched and high lands graded : how tre
should be planted at the culvert and a ;
preaches , sldcu guttoied and lateral stretch
seeded ; how the road's condition should I
maintained , allko for the wheelmen at
pedestrians. a well as for the teams of tl
farmers. Ho recommended a good , fi !
width , sixty-six feet , for all roads whe
this was practical , and urged that advantai
> je taken of the dry seasons to prepare f
the wet , and that the weeds bo cut at lea
twlca a-year , Good rcaita , lie thought , we
the one way open to iirosperlty for tl
\vholo country. He thought legislative pr
visions should be made for road olllcln
who would have the fulleat power to a
and to conduct their work as examples els
Wherfl taught.
In discussing Mr. Ackerlundjs paper M
Klerstead endorsed warmly the planting
trees at bridge approaches , as ho did al
the heeding down nuggi-GCIans , and compl
men led the gciitlrman on tbu originality
many of his Ideas ,
The crownhg tvent of the morning , hoi
ever , wus th' address delivered by Conn
Commissioner Thomas Doctor.
LAW BHOULD DU CHANGED.
Ho began by saying that as a member
the league and the chairman of the roi
mid bridge committees of the Douglas couu
board of commissioners , ho considered It h
duty to aubtult for the convention's conslde
otloii bin ideas on the all-Important qucstli
"under discussion. Ho was anxious to udo
the most practical and economical pla
ha\lng as his only Interest the Interest
the people ot the state. * With Preside
Williams , he believed In the necessity of
change In the law , as wnll as lu the mann
In which work upon public remit ; should
coudurtcj. "Tho records ot Douglas coun
{ how tint In U92 the sum of JIO.220,03 w
paid the rand overseers for work perform
by them during that year , " he paid. "Tli
amount was reduced In 1S95 to $5,42113 , ui
the money Urns saved has been oxpjndi
largely In operating road grader * , with Ball
factory results. , the amount ot mone > u
pended In that line having Increased fiu
11,20:1.03 : in 1S92 to JC/ilH.ll In ISPI. t !
t.-uoimt so oxpunded In 1695 being eom
what lean than that In 1S94. During 1892-3
70.0(10 ( cubic yards of earth was removed I
Pou&lab county at n cost of $13.307.05 , i
average of D 4-5 rents per cubic yard ,
addition to this , up to Jiuiunr
IS91 , S67U miles of road hi
been graded by county graders at
eoft of $37.60 per mile. During 1S90 , fui ty-ll
miles of road WHS graded at a coat al (39.
per mile , and about seventy-two mllea of th
iradeil In 1892-93 trimmed up , no that the
DOW U lu this county about 323 miles
graded up la firit-elnes londlttan , at <
average cost of About W8 per mile , not In
eluding any contract work. This Is a van
Improvement over the old system of depend
Ing upon the overseer In each precinct. '
Mr. Hector thinks that where public fund
are disbursed through so many local agcncle
and with such slight uniformity of plat
adopted throughout the state. It cannot b <
expanded In a way that the most satlsfactor ;
rraults will be realized by the taxpayers
The laws governing the payment of a pol
tax should either be changed to cornpc
the payment In cash or be entirely abolished
The cost of collection Is from $1 to $3 , when
$1 of revenue Is obtained In labor. With thl
tax paid In cash Instead ot labor and ex
pended under the direct supervision of Ih
county commissioner an Immcnsj savlni
woitld bs made to the taxpayers. He spoki
of the syftrms In vogue In other states , hov
to construct good roads , of the nejcrslty o
drainage , of the grade rate , of repalrini
roads , how successful fanning depends 01
good roads ; the question In politics ; of thi
proper width of tlrco ; the sowing of gras
seed on the .sides of graded roads , the pavln ;
of country roads and the most dcslrabli
material therefor , of culverts and sewerage
of bridges ; the systcmlzlng of country rofcds
numbering ; col-Miry houses , and so forth am
so on at great length , but always entertain
Ingly , Inttrtotlngly and effectively.
President Williams passed a most lavlsl
compliment on Mr. Hector's effort and sali
he was glad and proud that Douglas count ;
contained a man capable of presenting thl
subject so grandly and completely.
On the reassembling of the convention a
2:30 : In' the afternoon President William
appointed a commftlco of tlvo on rcsoiu
tlons , as follows : Thomas Hector , chair
man ; F. W. Fitch , Philip Grail and J. Q
McArdle.
ADVOCATED GOOD DHIT ROADS.
Following these appointments a paper wa
read by Mr. Gratt of Jefferson. Ho spok
from the standpoint of a farmer , a farme
who has traveled the roads of Dougla
county for thirteen years In all kinds o
weather and with nil kinds of loads , am
he was of the opinion that a woll-gradei
dirt road Is better than a stone-paved road
It Is better for heavy hauling , Inasmuch a
the wear and tear on horses Is not BO greal
and he thought If the money expended fo
paving had been put In graded roads th
good results would be Immeasurcably more
Ho did not believe In the system of workliij
ou.t the road tax , but did believe In a com
pctent road overseer 'and a good revcrslbl
scraper. He had known of township clerk
Issuing certificates for the payment of roa
tax before any work had been done , an' '
also known that the selfsame clerks have no
been overly particular lit Investigating after
ward to see If the work required had eve
been done. "And these same clerks , " con
tinned the gentleman , "are elected and re
elected year after year , just as If their mcrl
torlous services merited the honor and dls
tlnctloh. "
In the discussion which followed Mi
Hurchard spoke of the evil of working uu
the poll tux , and was emphatic In the belle
that a change was peremptorily demanded I
the best results were to obtain. The pay
ment of this tax In cash would create ,
fund with which the county commissioner
could accomplish a vast deal of more ma
tertal good.
Mr. Stcnberg added that a bill was pend
Ing In the legislature , providing for th
abolishment of the system of working ou
poll tax and for the payment of such assess
ment In cash.
Ex-County Commissioner Turner of Elk
horn alsb considered the poll tax eystem
poor ono and thought the quicker the legls
laturc acted on the matter the better.
Mr. Fitch considered the -good roads pro
position paramount to that of the publl
school question and one to be championed b
all Intelligent and progrcsilvo citizens. Ou
how to bring about this desired coudltlo
was the question. He thought a state roa
commission , with full and complete contrc
of the subject In all Its ramifications was th
solution. He advocated the paving of al
state roads through the lowlands , and
grading of those on high ground. A chea
mp.cadam of some description Is the thin
wanted. He thought also a law on th
much berated poll tax system a highly es
sentlal thing. The expenditure of th
money thus derived on contract lab'or 'woul
simply .so far overwhelm all the good gottc
.out of the working out tho. tax that the pec
pie would1 fairly stand aghast at th
change.
change.FOR
FOR A NATIONAL HIGHWAY.
Mr. Stenberg offered the following resoln
tlon :
Wherens , The general use of the bicycle
the Invention of horseless vehicles , whlc
sooner or later will take thp place o
beasts of burden , and the demand of ou
ever ' Increasing population for computl
tlon In the menus of transportation , BUS
gent that the federal congress should mak
provision for a national paved hlghwa
from the Atlantic to thp Pacific , said hlgli
way to be part of a. national wystem e
roailwayB , ultimately to be made , Int
which shall feed the roads constructe
mid maintained tit the expense of states ) o
counties ; and
Whercns , We believe , furthermore , tha
the construction of such u highway woul
do much to relieve the unemployed an
conduce to a return of prosperity to ou
country ; therefore , be It .
Resolved , That our .senators and repre
sentntlvoH In congress be respectfully re
quested to use their Influence to promot
the building of tmld highway , and tha
the secretary of this body be Instructs
to transmit to them a copy hereof.
A number of ringing apcechc * In favor o
this resolution were made by divers dele
gates , and Its adoption was secured wlthou
a dissenting voice.
ADOPT RESOLUTIONS.
After this , short addresses pertinent t
the subject matter were made by Commls
sloner Ostrom , Henry Llvcsey , W. C. Douli
August Rogert , 7 , N. Kills and others , am
then the report of the committee on rcsolu
tlons was heard.
This report fwafl exhaustively dissected
but finally , after several changes and amendments
monts , was adopted.
The election of the board pf nine director
followed , * with ( he following selections : G
R. Williams , A. C. Ackerlund. Charles Gran
Robert Douglas. Thomas Hector , F , W
Fitch , G. II. Durchard , J. C. McArdle am
Z. N. Ellis.
On motion the committee adjourned sub
Ject to the president's call.
The nrwiy-electcd board of directors thei
convened and aft r selecting Mr. William
chairman , the election of officers for th
ensuing year took place , resulting In th
choice of Thomas Hector , president ; G. H
Williams , vice president , and G. II , Dur
cliurd , secretary and treasurer.
a *
The popularity of Salvation1 Oil It not as
lonlshlng when wo hear of Its many cures
"Tio ) Overland
To Utah in 29K. hours. California In 60V
hours vip. tbo UNION PACIFIC. Tbls I
the fastest and finest train In the weal
Tickets can be obtained at cliy ticket ofDce
1302 Faruam street.
He luvH > ' "
OMAHA , Feb. C. To the Editor of Th
Dee ; In your Issue of the 2d lust , appear
an artlco | under the caption of "People' '
Investment Company , " naming several pei
sons , among whom I am mentioned. Th
article UDmsurlly ruflccts upon the honest
of each onu. I do not wlf.h to remain nude
a cloud mmcccesailly , and ask you to glv
space for n word of explanation for the benc
fit of my many friends , I Hut became con
nccted with the People's Investment com
pany September 15 , 1893 , through the In
strumcntallty of Mr. Hrush , to whom I sub
scribed for ten shaves. Myalth In the cor
corn can bo shown by lecolplu In my pos
suasion Amounting to $320 , 1 have neve
borrowed a single cent from that concert
and believe now that I am su lulled out c
$320. I WHS elected a director nt ont c
their monthly meetings In January , l&'Ji
During my term not a dollar was loaned
there was only a rrtiojrul of notes. M
confidence was shaken when suit was brougti
to recover and I so notified my friends wh
weru Investors to not. put In nny inor
money. I am anxious for a' full vcntllatlui
and let thu 'guilty oni'a'be punished.
c. F. nitosius.
1S20 Npr-th. Seventeenth Street.
"The X irlU vi-miiru Mile. "
401 Faruam street.
The "Overland Limited" leave' at 4:40 : p , a
The ' 'Omaha Chicago Sprqlal" leaves B:30p.n :
Flftfi'n. hours to Chicago.
Rateo iovy. Standard of equipment hlsh.
ItllCI ) .
> IALT < Oi''K--Mrs. Until ngtil 70 years , n
Fort Cnlhouii. Nch Tne dtccauvd wa
tlm mother of .Mrs. g. H. fatten of thl
city. liuilul at Fort OrUUuuti ,
A1NSCOWMrs. . Mary A. In her t
year , nt 1811 Muson aticet , Funt-nU nolle
later.
Tiir < i rrr n 11 r < HPT ioir\r
THEAFER SALE SET ASM
Now Turn in Litigation Over OroighWi
Theater Property.
FORMER SALE HELD TO HAVE BEEN VOII
Scott Snyn the Spcclnl Monte
CoiiittilHxIuiipr Ilnd No ItlRlit to
Uclc-Kntc ItlH lo vcr
to Another. |
After a scries ot arguments that occu
pled the entire day Judge Scott ycsterda ;
set aside both tha sales ot the Crclghtoi
theater property and directed the partlc
to prepare a decree carrying out the do
clslon and providing for another sale li
which the sheriff should offlclnto Instcai
of a special mastar. The main Issue litho
the arguments and In the decision of th
coilrt Was the question whether a spccla
inastci * had the authority to delegate hi
powers to any other person. This wa
ventilated at length and the court rulei
In emphatic terms that no such ntithorlt ;
existed. It declared that the master wa
the agent of the court. Ho had nelthc
pojvcr to delegate his authority nor to ratlf ;
any action that might be had In the mat
lor. That power was vested exclusively litho
the court.
This case has aroused great Interest amen
attorneys and citizens' generally on nccoun
of the peculiar clrqunutances of the case an
also because of the statements contained 1
the affidavits filed. The events In the cas
have transpired so recently that they at
familiar to the reading public. The CAS
presents a peculiar phase In that two bidder
'
are claiming that tho" property was1 aold'-t
them and each has filed a motion that th
sale be confirmed , "as shown by the master'
report , " each claiming , that the report show
that he Is the only lawful bidder. F. I
Ktrkendall and A. L. Reed bid $117,000 a
10:57 : a. m. and E. W , Nash , trustee , hi
$117,500 at 1:20 : p. in. Each party rnado
deposit on his bid , Reed and KIrkendal
putting up $20,000 and Nash depositing $27 ,
000. The sale was conducted by I. N. Wat
son , who claimed to bo acting under au
thorlty delegated to him by the master com
mlssloncr , J. , B. .Melklc. The latter did nc
appear until 8 p. m. , after which ho prc
tended to hold the sale open until 9 p. m.
When the case came up yesterda
Messrs. Reed and Klrkendall were reprc
sentcd by W. D. Beckett and R. S. Hal !
E. W. Nash was represented by J. L. Wet
ster and the plaintiff In the case' was rep
resented by M. A. Hall , who has been at
torney for the Insurance company all throng
the foreclosure proceedings.
DETAILS OP THE SALES.
At the opening of the case , M. A. Hal
made a brief statement , relating the details
tails as th y had transpired on the day of th' '
sale , and rather surprising the attorneys fo :
Reed and Kirkendall by taking the posltloi
that the master commissioner had no author
ity to appoint a deputy to conduct the sale
Mr. Hall stated that he had notified thi
master commissioner , J. B. Melkle , who wai
In Lincoln , that ho must be present to con
duct the sale at the time advertised , am
when Melkle telegraphed that he could no
be present , Mr. Hall said ho endcavorci
to have the court appoint a substitute mas
ter commissioner In order that the sail
might take place as advertised. Falling li
this , he said he again notified Melkle tha
ho must come to Omaha , and then Melkli
telegraphed to have Watson open the sal
and hold It open until he arrived from Lin
coin. Mr. Hall said be notified all thi
parties that the sale would be held opei
until Iclkle arrived In the evening , and als
notified Messrs. Reed and Klrkendall tha
the bid they had made to Watson could no
hold , as Watson had no authority to recclvi
bids. He argued to the court that It wa.
simply preposterous to claim that the prop
crty could be sold by nny other than th <
authorized agent , appointed by the cci'rt
Mr. Hall commenced a reference to thi
charges of fraud and collusion on ills par
contained In the affidavits filed In ttio casi
by RepJ and Klrkendall , but the court re
qucato'd that the papers In the case , be firs
road , saying tha.t Mr. Hall would be glvei
full opportunity to make a personal ex
planatlon at a later time.
Mr. Beckett read the affidavits filed In th
case , all of which have 'been fuly referred t
in these columns with the exception of an al
fldavlt filed late Monday night by M. A. Hal
In this affidavit Mr. Hall refuted the charge
of fraud and collusion contained In the afll
davits of Reed and Klrkendall and denle
most emphatically that he hod any undei
standing with E. W. Na.sh whereby the prof
orty was sold to him as trustee. The affl
davit states that the "solicitude" charge
in the affidavits of Reed and Klrkendall wa
caused'only by the knowledge that the master
tor commissioner had no power to delegat
his authority to another and was not cause
by any connivance of collusion on the pat
of the affiant to have the property sold t
Nash or any one else.
CHARGES OF COLLUSION.
In arguing the case' Mr. Bccket took th
position that the sale was a legal one so fa
as Rood and Klrkendall were concerned an
that the person delegated by the master com
mlraloncr had the power to sell the propertj
He tmpf.orted his position by authorities an
also took the ground that the purported con
tlnuancc ot the sale was Illegal , and con
tended that his clients were not notified b ;
the acting commissioner that the Rale lia
been reopened , but that all notice of sucl
alleged act came from M. A. Hall , to whlc !
his cllnets paid no attention , as IIoll lin
no authority In the matter. Ho also callei
the attention of the court to the records li
the foreclosure cnse , asserting that tbcs
chow that the suit was commenced las
September , that notice of the suit was serve
on the prcoldBnc of tne Crolghton Theate
Building company , but that no attempt a
defensi was made ; that the case was pushei
at the earliest date and that no attempt wa
mads by the officers of the theater bulldlni
company to secure a stay In the proceed
Ings , but that the whole matter wa
allowed to go by default , and ho chargci
that till these things were pvldenco of co |
Inslon between the o dicers of the conipan
and the attorney for the mortgagee.
M. A. Hall Interrupted to exclaim tha
these conclusions were only Inferences am
attempts to besmirch his character.
"Of course they are only Inferences , " re
torted Attorney Beckett , "but we can onlj
draw Inferences from what the records shov
and the Inference of collusion Is stipportec
by the records. We cannot go down Inti
the bosoms of thcso men , your honor , " hi
continued , turning to the court , "and sci
what was the purpose ot all these actions , '
"There Is a way of getting Into thcli
bosoms , " said the court grimly , "and "wi
may have to get Into them bcforo wo ge
through with this thing.
"The time and place to announce the con
tlnuance of a sale , " continued the court
"Is at the place and time of sale , and no
afterward by telephone. On the quostloi
of the power of the master to delegate hli
authority to another I want to hear inon
authorities , and unless It can be shown lha
such authority exists unquestionably , I shal
have to set this whole sale acldo. "
COURT CAULS FOR AUTHORITIES.
The court asked Mr. Webster , attorne
for Nash , who Is also asklftg that the sal
bo confirmed , but In Nash Instead of ti
Reed and Klrkendall , that he present author
iiles on the question of the master commis
sloner'B power. Mr , Webster sold he con
ceded the correctness of the court's posltlo
and admitted that the master bad no po've
to delegate his power to another. At tbl
point an adjournment was taken until
o'clock , at which tlmo the attorneys ( o
Iteod and Klrkendall promised to preset !
their authorities for their contention tha
the master commissioner has the power the
tlalm.
The afterroon was occupied by somewha
extended arguments which mainly referrc
to 'tho < | U . | lon of the delegation of.authot .
lly by the special master. Attorneys Beck
ett and R. S. Hall held that the suprem
court of this state had decided that sucl
delegation was legal and that whatever lit
Individual opinion 'of this court might be
U was duty bqund to follow the preceden
laid down by the supreme court , The de
clilon which they cited was that of the EU
promo court In the case of Meyers agalus
McOavork In which a guardian had delu
gated the avihorlty to sell a large piece o
property which belonged to hla wards * Th
court had held that Ibis waa legal and hai
refused to cet osldo tbo aale.
The nrcuiuc-ut Of M , A. H ll was largel
devoted to n pcrsonalichplnnntlon of his cor
ncctlon with the cwcneid the reasons wh
he , as attorney fortthd Ulntltfs In the fore
closure proccedlngtiAappeared to ask tha
the sale to K. W , 'Nsfch aji trustee be con
firmed. He said tbrttJItwas for the rcaso
that ho had been ihenmcans ot mlsleadln
the parties represented by Nah. Ho ad
milled In reply to oqvestlons from the op
posing attorneys thttian-'arrangemcnt cxlstc
by which If Nash gatntho property the Insurance
suranco company wnicito renew a loan c
$90,000 on the property , and the mortgagor
were to pay all carts of the foreclosure pro
ccedtngs.
KNOCKS OUnnOTH SALES.
Judge Scott dlscuirecd the supreme cour
decision In the Meyer * case at some length
Ho declared that It ho should follow th
rule ot the supreme court In ( this Instance I
would place him In a position In which h
would bo compelled to- allow the position o
guardian to bet abused contrary to the express
press provisions ot the statutes. If the do
clston was the law It was very bad law , ani
several pages ot the statutes should b
blotted out. He concluded by Ordering botl
the sales set aside. The sslo to KIrkendal
and Reed was declared Invalid because Ml
Watson had no authority to open the sale o
receive bids. The sale to Nash as trttste
was declared equally null and void bccaus
Watson hod no authority to postpone th
sale. The attorneys for Messrs. Klrkcndat
and Heed will probably take an appeal t' '
the supreme court , where they expect t
secure a. reversal on the strength of th
previous position taken by the supreme cour
In the Meyers case. <
In the course of his opinion on the cnsi
Judge Scott said : "I have not seen anythtnf
hero that would Indicate * fraud , and 1 thlnl
It Is Justice to Mr. Hall that I should KB ;
there Is nothing here to Indicate that hi
has gone outside of his professional diitlc :
In this regard , Ho has given a direct ant
positive denial of the matters stated here
Ho has said that the only thing that ap
preaches , and It Is stated in thesi
affidavits , the fact that he did sa :
that his clients wcro ready tc
loan thcso parties , to make a now loan o
$90,000 on this property on condition tha
his fees and the costs that they had pah
out should bo reimbursed. There wa
nothing unprofessional In that. Ho was bu
carrying out the condition of his cltcn
upon which they would make the loan o
$90,000. There Is nothing dishonorable li
that. It was In thu strict line ot hi
duty to his client. And I say tha
so far as anything In the recon
hero Is concerned , I think the statemen
In thcso affidavits that ho was to rccelvi
$2,500 In the event that the property wa
purchased by Nash Is unwarranted , bccaus
the person making that charge ought to glv
the facts. It won't do to say that It Is ru
mored. Ho should say that he believes It. '
f D
The standard cure for cold and cough
Dr. Bull's Cough Synip , should bo kept b ;
every mother who loves her darlings ,
"JUST TIIIXIC OF ITt"
"Imi't it JiiMt Lovely ! And Only t-U-12-
? UK CiiMh nml SjUO I'cr Month ! "
So said a young lady yesterday to he
friend , as she stopped for a moment to gaz
In at our show window. The attractloi
which called forth this ejaculation of prals
from one who , wo should say , Is a crltlcn
Judge , was a beautiful piano , full size am
scale , with all the modern Improvements ,
piano the usual retail price of which woul
bo low at $300 , but which at this sale w
are offering as wo are every piano In th
house , at actual factory cost , and some fo
less , to close out our wholesale stock o
pianos and organs ; not only that , hut \v
are offering and selling them on such eas :
terms that any one who can spare $10 pe
month , can have a piano. .
To enable you to Judge what wo are do
Ing , we mention hsro a few beautiful piano
In mahogany , oak , and walnut cases , will
practice or third pedals , duet desk , rollln
fall , etc. , for $137. $142 , $1C8 to $248 , whlcl
Is Just about half -their retail value. $2
cash , J10 per 'month , buys any of there
Brand new organs are going at $42 , $47 t
$03 , $ C cash , $3 to 5 per month , buys them
Store opsn nights tlllilO o'clock during thl
ten-day sale. No. 1513 Douglas street.
it A. HOSPE , JR.
F. GrfYulOils'/it the'Mlllard'w'Ith ' ' sample
of ' 97'A5Ictor special -and $75 Vldtpr. Rid
era and.dealers are Invited to look''th'em ' ovet
IMniioH Falling
Out of the third story of the McCagu
building.
$98.00 buys largo Chlckerlng' ' upright.
H25.SO buys new $250.00 upright.
$180.00 buys Everett $400.00 upright.
$185.00 buyo new $350.00 upright.
$205,00 buys fine Weber upright.
$215.00 buys naw $400.00 upright.
$31.0 > buys new Knobe $ COO upright.
Wp have new uprights coming that will ' b
sold for $87.50 each. ' '
SCHMOLLER & MUELLER ,
3rd floor McCague Bids ,
N. W. Cor. , 15th & Dodge Sts.
Six-Thirty J' . ai. Train ,
of the
CHICAGO
MILWAUKEE
& ST. PAUL RY.
Best service ,
ELECTRIC LIGHTS ,
Dining car.
City ofiluo : 1504 Farnom.
licnve Oiniilia t CiiO.I Tonight
on the Burlington's "Vestlbuled Flyer" ani
you reach Peorla 0.45. Chicago 8.20 toraorrov
morning. , Through sleeping , chair and din
Ing cars. Vestlbuled and gas-lighted fron
end to end. A swift , safe , luxurious trail
as good as any In the country the bes
between Omaha and the East.
Berths and tickets at 1502 Farnam street
J. B. REYNOLDS ,
City passenger agent.
Oregon Short Line
SALT LAKE , Utah , Feb. 9. Articles o
Incorporation of the Oregon Short Lin
Railway company wcro llled with the secretary
rotary of stnto todny. The cnpltnl stool
of the company Is llxert t $60,000,000. Wnl
ter G. O.Uunan , Samuel Carr and Honr ;
O. Nlckols lire the principal stockholders
FORECAST OF TODAY'S AVEATIIEI !
Snoirx trltli Northerly Wind
nml Collier.
WASHINGTON , Feb. 9. Forcccst fo
Wednesday Is :
For Nebraska Local snows ; northerl ;
to easterly winds and colder.
For JIlHSOurl Increasing cloudiness am
snow ; colder In northern portion ; south
easterly winds , becoming variable.
For Iowa Threatening weather nn <
snow ; colder , winds shifting to northerly
For KnnsnB Increasing cloudiness , will
snow In imstern portion ; colder ; wind
shifting to northeasterly.
For South Dakotn-rrLocnl snows ; not BI
cold Wednesday nleht ; northerly winds.
For Wyoming1 Ll ht snows , followed b ;
fair ; variable winds. .
I.ix-uL' necoril.
OFFICE OF THBVWEATHEIl BUREAU
OMAHA , Fob. 9. Omaha record of ralnfnl
and temperature .compared 'with corro
spondlng day of the past three years :
1S37. 189K. 1HH. 1894
Maximum temperature . ,31 39 14 3
Minimum tempcnituro . , 25 27
Average tempernUirei . . . . 30 31 9 2
Ualiifnll . T T ,01 1.1
Record of temperature and precipitation
at Omaha for the iliiy and since March 1
Normal temperature for the day , . , , , , . . 2
Excrss for the daytt. . . . , . , . . .
Accumulated cxctsusince. March 1. . . . 20
Normal precipitation for the day , . .03 Inol
Deficiency for thciuluy . 03 tncl
Total precipitation iBince Mch , 1. . 30.12 Inche
Kxoesa snlco March ! 1 . 5.10 Inchei
Deficiency for cor.upcrlod , U90 , . 11.59 Inchei
Deficiency for cor.t.perloa , U95. . 15.20 inohei
HuportN from Stntloim nt 8 i > , in.
Seventy-fifth ( meridian time.
T Indicates trace , of precipitation.
- below zero. U A. WELSH ,
Local Forecast
GETTING OUT THEIR WHEELS
Warm Days Stir the Blood of Hibornatinf
Cranks ,
BICYCLISTS PREPARE FOR THE SUMMEF
Jinny Itlilcrn Out I.nnt Sumlny tc
Hernia the . .KIrMt Approach
of Sprlnur Itlillnnr to lie
Strictly
U la only a question ot a short time untl
Svlicelmerr and whcelwomcn will bo once
more In tholr clement. To bo euro thc
are cyclists In Omaha who have ridden all
the year .about and maintained that the )
were having a good time In the biting wind !
and the sharp cold. These were only tht
"cranks , " however , and the big majorltj
bf the riders wcro satisfied to lay awaj
their steeds until the return of warmei
weather , The ordinary overy-day sort ol
a wheelman hibernated , so to speak , In the
club rooms about whist or billiard table :
or In his homo , or somewhere else , and tht
whcelwoman got what enjoyment she could
In the dancing balls , despite the "bicycle
leg. " Whatever contentment and enjoymenl
these men and women can obtain In such
fashion wilt bo at the zero point from now
on. The bicycle fovcr Is In the air once
moro and thu riders will bo counting the
days until' IH6 weather will bo warm and
pleasant enough to allow an enjoyable
whirl along the hedges and between the
fields. Wheels that have been stored In
attic and cellar will bo pulled out and over
hauled , to bo all ready for the very first
day.
day.Last Sunday might bo looked upon as oti
opening of the season on a small scale. Ac
was said before , there was something In the
air that pulled the riders out whether thcj
w6uld or not. There were more wheels tc
bo seen on the streets than on any da >
since the cold weather oct In. It was Im
possible to leave the pavements , as tht
frost was coming out of the ground , maklnf
the roads muddy and slippery. The rldlns
was not at all bad on the asphalt , how
ever , although the weather might have beer
considered still a trifle sharp. The Omahn
Wheel club boldly set out on the initial run
ot the season , although the turnout was
not very big. President Len Llvesey brought
out his tandem and ho and his brother sel
the pace. Ed Smith , Dert Potter and a few
others were In the push. A trip was made
over the pavements and the run was dubbe < l
a decided succeeds.
Bicycle riders are Intending to take the
lead In putting restrictions on reckless anil
careless riding this year. The "scorcher"
particularly Is to be squelched. That In
dividual U us much of a terror to the aver
age wheelman as to any citizen. A bicycle
ordinance has already been drawn up and
It Is to be shortly Introduced In the council.
If Is now being discussed at the wheel clubs
In the endeavor to obtain the consensus ol
opinion among wheelmen regarding Its sec
tions. This ordinance provides , first , thai
every bicycle and tandem shall be provided
with a lamp at night. Between the months
of April and October It requires that these
lamps shall be kept lighted after 8 o'clock.
The light must be carried after 0:30 : o'clocli
from October to April. A succeeding scctlor
requires that lamps shall also be carried bj
all buggies , carriages and other four-wheeled
vehicles after the same hours at night
Other sections prohibit coasting on the
streets , require that riders shall keep al
least ono hand on their handles or some
part of the wheel and provide that wheelmen
shall keep : to the right of the center of the
streets.
Any violation of this ordinance Is a mis
demeanor and on conviction Is punishable
by a fine of not less than $1 or moro than
{ 5. The ordinance also Introduces the system
that has been successful in other big cities ,
By which bicyclists under arrest arc allowed
to put up their wheels as ecurlty for their
appearance for trial. By the proposed
method the arresting officer need not take
his prisoner to the police station , If the
latter gives ) up his bicycle. The wheels shall
also bo held as security for the flno thai
may be Imposed.
Some sections ot tula ordinance are meet
ing with favor from wheelmen , while others
are provoking some opposition. An attempt
will be .made to meet all opinions before the
proposed law Is Introduced In the aldermanlc
body.
, Neuralgia Is the prayer of the nerves for
pure blood. Hood's Sarsaparllla Is the Quo
True Blood Purifier and nerve builder.
THU SCHOOL , EXPENSES.
Supervisor ) * of I > riMVlnur null Munlc
Ukcly to Go.
There Is a general expectation In educa
tional circles that ono of the first' acts of the
Board of Education after the levy Is made
will be to abolish the positions of super
visors of drawing and music. The fight
over these positions lasted all through last
year and now that the element that favored
their discontinuance has an undisputed ma
jority It Is likely that no tlmo will be lost
In lopping them off. President Edwards
has already openly favored such action and
he still contends that , whllo the services
of these two Instructors might be very de
sirable If the board had an abundance of
funds , they can be dispensed with for a year
or two without perceptible' Injury to the
schools. Ho says that to dispense with the
supervisor ) ] would not necessarily do away
with the departments. A certain system has
been developed in both branches which he
believes can be carried on by the teachers
for a year or two without supervision.
The action contemplated will be vigorously
contested by the minority. The minority
members assert that the two departments
are among the most valuable In the schools ,
when their very slight coat Is taken Into
consideration. They declare that the pro
posed action would produce only a very slight
saving and that with the absence of super
vision the system that has been years In
building up would bo completely disorgan
ized and that the pupils would bo imperfectly
Instructed.
Liver complaints cured by Bceecham's pills
MAYOR IIUOATOH SETTING W PINS.
1'Innn for DlmmNliiK of Two of tlic
City OlllclnlH.
It Is stated on reliable authority that Mayor
Broatch Is already setting pins to secure the
disposal of a couple of places In the city
ball. A member of the council says that two
ordinances looking to thtd end will bo Intro
duced at the adjourned meeting tonight.
These , ho says , were drawn up by City Attorney -
tornoy Council at the Inspiration of the
mayor. Ono contemplates the removal of
Oily Electrician Scliurlg and placing both
the electrical and gas departments under the
supervision of las Inspector Gilbert. As the
gas Inspector U not presumed to bo an elec
trician ho will be provided with an assistant.
The other ordinance. Is said to abolish the
illlco of superintendent of the city hall , which
has been held by John Mattlilesen since
the first occupation of the building , Tbo
plan Is to appoint an additional Janitor and
have him perform the duties of superintend
ent. The effect of the two ordinances Is to
provide two places to be filled by the mayor.
It Is stated that Mayor Broatcb , has already
made a combination by which certain polit
ical support U to bo delivered to him In
return for these two appointments. Whether
the council will decide to aid htm by passing
the ordinances Is doubtful ,
Much refreshment
In little bulk ,
Liebig
COWP/WiPS
Extract of Beef
That's why you
should take It In
your traveling ; bag.
Uco-a-O-OT-P , M,1
What's in a Name ?
THERE was at least a cool million in it for a man who
* * * died while climbing the Alps a few wtfeks since.
He was the owner of a little six * by-nine hat store in New
York City , and he left over a million dollars which ho
had saved up as a sort of a rainy day fund for his family.
Of course he didn't make it all selling hats. Most of it
he made selling his autograph to people who went into
his place to buy hats and were willing to nay a couple of
dollars or so extra for the privilege of wearing his name
in their hat linings. Now that he is dead we shouldn't
wonder if his autograph inside of a hat would make it
more valuable than ever. But say 1 Speaking of auto
graphs , what's the matter of the one on the bottom of
this advertisement ? It's about as swell loo-king as any
you'll meet up with and we will put it inside of every hat
we sell this season free , gratis , for nothing. This is be
cause times are hard and a great many Nebraskans can't
afford to buy autographs this year. This will give them
a five dollar Autograph Derby for three dollars net. A
four dollar ditto for two dollars , and a regular three dollar
lar Derby for one fifty. On this latter you will find three
words "The Nebraska Special" which are as potent
as any words that ever went .on to a hat lining. Our
Spring Hat Show is now open ,
A. FAIR FACE CANNOT ATONE FOR AN
UNTIDY HOUSE. " USE
The Low Prices.
ioo different Rockers"
. 50 Combination Book Cases at these lotn
special prices , prIcM. $ i0 ( ? i2 , $14 , $15 , $ is , $20 , $25 , $30.
CHAS. SHIVERICK & CO. ,
12th and Douglas.
PR OO buys largo Chlckerlng Uprlgnt. .
2250 buys now $200.00 Uprleltt.
80 OO buys Everett 4400.00 Upright.
IS. 50O buys new $300.00 Uprl lit.
.
& 00 buys Ono W bor Uurliflit.
? .
, rjOO buys now $400.00 Upright.
< .
315 00 buys now Knabo $000.00 Upright.
New upright pianos arriving that will be sold for $87.50.
Solo agents for Ivors & Pond , Vose and Son's and Emerson Pianos.
Schtnoller & Mueller.
. . Telephone 1023.
A. C. MUELL.EU Piano Tuner.
-4-
HOT SPRINGS AT HOME -
WITH THE OEI.EIU1ATED
Betz Turkish , Russian and
Medicated Vapor Folding
Baths
male Complaints.
THE BETZ HOME SANITARIUM CO. ,
105 S. isth Street , Omaha , Neb.
urtles. Agents wanted everywhere. Writ *
Baths put out on trial to responsible p
for particulars. y
SOAK
DOES BETTER"AND"CLEANER'
WORK AND GOES FURTHER THANj
'ANYPJHER ' : LAUNDRY.SOAP. .
Primary , Secondary or Ter
tiary Illooil J'olHon perma-
ncutly cored In 15 to as
days. You can be treated ot homo
for the game prlco under eame
_ _ - . , . ifuaranty. If you prefer to como hero wo will
A P F li I A LT I contract to pay railroad fare and hotel blllt , an- , }
H WB * wlff " no charge If we Cell to euro. If you have tukeO
* II V otnBl' * ndtm
mercury ilucouH Iodide IT l < D VUIWIVI.T PatcleH In mouth ,
ache , and palnB. ,
of the body
. part
, Copper.Colored Spoto , Ulcers on any
Throat , IHmplCH
Bore to
Hair or Eyebrow. . . ftUlli.B out , It t tbl BfcOOU POI8ON that wo BuarnMtce
. WeEollcltthetnostobHtlnatc * 1 1 RE ? RY THE
cure. f ft & cacuot
challenge tlic world for a case WUKtUOI ? ? , . .
. pbyHtclom.
. disease hrtalww Hauled tlio Hlilll of tbo n.ost eminent
cure. This . Absolute proofs nt waled OD
8500.000 capital behind our unconditional guaranty.
307 Miuonle COOK Temple. UKHKUV CIIBCA CO. O. UA.ftftftV REMEDY WU .
Clilchnttr J.nglliU Itisuunil HI-
B > ENNYKOYAL PILLS
Original and Oalj Cmulne.
? r ( . . * . l . v - * i.i. relltbli. . . _ i < _ . . _ on /.k nif.t HI _
. . for ntrkaleri , - - ,
irnnJIn llfd o. | VM ni liUlo\
> lrl " 111" HIM rlM * ! . TcLe
la"it > mi > . ( i rulionlui , milmofimi mJ
"Heller fop r.iMH- ! . " < Jl l r , kj return
> lnll. IO.OOO Tvitliuwlklf. AaM./tpcr.
Most Complexion Powders
have a vulgar glare , but I'ozzom'a la ft true
beautlQer , whose eUectn are touting.
DR , BAILEY S
, T 3d I'loor I'aitou Ulock.
Open Tut-ulay ami Tliureday ovciilnja.
SetTcetli. . .S5.00 Bridge Tenth.
licit leelli . . . 7.50 each tooth
Gold Crown * , . , 3.00 and crovtn , . $3.00
Porcelain I'alnlefi
Crown * . . , , . , 3.00 Cxtriutlng. . . . SOc ,
IMIimjs..41.00 u | >
lady AlfeDdaoL Tel. 1085.