G Tina CXMAIIA DA1LV 111313 : SATURDAY , JUIjV 31 , 1S)7. !
COUNCIL BLUFFS-
MINOIl MKNTIOX.
George W. Hewitt lias returned from an
eastern visit.
C. n. Hannan left last evening for a brief
, vl lt In Chicago.
George McMalion went to Woodbine yes
terday on buslncs.
Mips Anna Astnan of Tabor is a guest
of Mre. Frank Hahn. .
Miss Anna Kirk of DCS Molnrs Is a guest
of .Mm. Ed McConncll.
Mrs. W. W. Kllltitt returned yesterday from
a visit to Lincoln , Neb.
Iloland Crockwtll has returned from an
outing at Lake OkoboJI.
Miss Fannie Brock will go to Indiana next
week to visit relatives.
Mrs. F. O. 1'fclffer went to Chicago last
evening on a business trip.
Union 'Mission ' Sunday school picnicked
yesterday In Falrmount park.
Mlssto Anna and Mary Temple of Atlantic
arrived In the city last evening.
0. S. Olbbs of Marian , la. , til visiting Mrs.
Warren Letacu , 104 Fourth street.
II. Jordan and wife returned from a visit
< to Seattle and Portland thin morning.
Mrs. I'rlcc of Grace street Is visiting her
daughter , Mrs. Martin , In DCS Molncs.
Mrs. James McCaho has almost recovered
her health and waa out driving yesterday.
MUses Lacy and Wlckham departed for
Missouri Valley yesterday to visit relatives ,
Mrs. 1) . B. Davidson of Des Molncs Is the
Buest of Mr. and Mrs. N. A. Mcssmorc at
the Ofidcn house.
The State Savings bank will remove on
Monday Into the room formerly occupied
by It at 415 Broadway.
Mrs. Williams , wife of Ilcv. T. W. Wil
liams , Is confined to her home on Harmony
street by serious Illness.
The session of Abe Lincoln prat No. 29 ,
Grand Army of the Republic will begin to
night at 8:30 : , Instead of the usual hour.
Mrs. Al.ram Jett of Wayne. Nob. , Is the
guest of Mr. and Mis. F. L. Evans. She
IB en route to Corning to vlfilt her mother.
Mian Lily Haladay will leave next Turmlay
for Salt Like City , where she will teach In
the city schools during the ensuldg school
year.
year.Mrs. . Ellen K. Dcnney will ppeak In Inn
Trinity Methodist Episcopal church on Sun
day morning at 10:30. : Subject , "Fortified
I'ower. "
Itev. Charles A. Grcenlecs of Lamar. Mo. ,
will occupy the pulpit of the Congregational
church next Sabbath both morning and
evening.
The Klundyke region seems to be the topic
of conversation everywhere. The fine work
of the Eagle Laundry Is also widely com
mented on at every corner. 721 IIway.
Foresters of Hazel camp 171 , Modern Woodmen -
men of America , are requested to meet at
their hall Saturday j-voning. July 31 , In full
uniform to take part In a drccs parade.
The Improvements In road and water waya
In Falrmount park a > u being pushed rapidly.
The grading Is almost completed and a large
part of the macadam laid on the west side.
Nixon II , Gano , who has recently accepted
the position of foreman for McPhcrson &
Heed , the florists , expects to move his family
liere shortly from Richmond , Intl. , their for
mer home.
Attorney S. B. Sweet pleaded guilty yes
terday In Justice Vlen's ' court of slapping the
face of a too voluble witness whom he could
not stop any other way. The court assessed
a line of $1 and ccsts.
Rev. S. Alexander , formerly prstor of the
Second Presbyterian church of this city , will
preach on next Sunday morning aod evening
nt the Lowe Avenue Presbyterian church ,
on Fortieth street , Omaha.
Mrs. Frank Fowler Is lying very 111 at
her home , and her friends have almost
despaired of her recovery. Her mother ,
Mrs. Cleland , of Lodl , Wls. , arrived In the
city yesterday , and will remain at her bed-
Bldo until there Is a change.
The city ticket office of the Burlington
Will bo inovcd on Monday or Tuesday to
the new locctlon In the Grand hotel. The
work of throwing the two corner rooms Into
ono spacious apartment for the UPC of Colonel
Davenport and his force will be commenced
today.
Work on the loup of the motor track In
Falrmount park Is progressing as rapidly as
possible , but It will be Impossible to com
plete the job before Sunday , as was previ
ously announced. The grading Is completed ,
tho'pavilion moved and the track laid about
talf way around the circle.
Alderman Atkins and family will return
from thslr outing at Spirit Lake on Monday.
The young men who constitute the Apollo
club , who have been camping at the lake
for several weeks , have broken : camp and
arc on the way home In a lumber wagon.
.They arc expected to arrive today.
Tbo Burlington has arranged for a scries
of week-day excursions from points along
the line. The first will leave Creston early
in August and will reach here at 4:30 : In the
afternoon and returning will leave at 11
o'clock. The fare will be less than one-half
of the regular rate for the round trip.
President Wells of the motor Hue returned
from New York yesterday , where he went
on a financial mission In the hope of dis
covering means to relieve the present un
comfortable pressure that Is causing the
officers of the company a great deal of un-
caalncss. Ho left at once for his homo in
Schuyler , Neb.
C. O. Root of Clayton county was at the
pollco station last evening making Inquiries
concerning a woman named Ida Martlndale ,
whom ho had traced as far as Council Bluffs.
The man professed to have a deep Interest
In the welfare of the young woman , whom
lie said was only 20 years of age , and whom
Iio feared might have gotten Into trouble.
No trace of the woman could bo discovered
here.
Henry Hutchlmr died yesterday after a
lingering Illrtm at his residence , 713 South
Bovcn'h street. He was 09 years old , and
has resided hero for the past thirty-six
years. Ho leaves ono son , II. S. Hutchlnu.
The funeral will occur from the residence
on Sunday. Mr. Hutclilns was a member of
the First Pm'byterlan church and a Maeon.
The services will be under the auspices of
the Masonic fraternity. The body will bo
Imrlcd at Falrvlew.
A crowd of Glcnwood people spent Thurs
day at Lake Manawa. The party was com
posed of Messrs , and Mesdames T. L. Stnouso
and M. J , Wllllama of Glenwood , Prof , and
Sirs. Elmer Todd of Chicago , Mr. J. F.
Record and Mr. H , A. Franco of Glcnwood ,
Jll&s Cook of St. Joe , all of whom drove
from Glonwood. In the afternoon they wcro
jolnoJ by 'Messrs. Charka Edwarda , Fred
Kemp and Frank Williams , who made the
trip on their wheeltJ.
Word wan received here yesterday of a
fatal accident In James township , by which
Jcrgen Gibson lost his life. The accident
occurred on Thursday. Gibson was engaged
in cutting grain with a self-binding har
vester. Ho had stopped to oil the machine ,
and while doing so the team took fright
and ran away , Mr , Gibson was knocked
down , the large wheel passing over his body.
He was removed to hlo home , but death en
sued before a physician arrived.
Hanel camp No. 171 , Modern Woodmen
of America , will give a basket picnic at
'LakeManawa ' on Friday , August C. Invi
tations huvu been sent to a number ol
neighboring rampo and a big tlmo la ex
pected , The Forcitcra have charge of tlu
entertainment and a few of the prlnclpa !
features will be a tug of war contest between
a team of Foreslem from Omaha and the
local tamp , foot racing , boat racing , sneak ,
tot ; and the Tyrolean warblers , and will
iwltid up with a dance.
Tlin funeral of the late H. P. Warren wss
liehl from the residence , CU Third street
yraterday afternoon at 5:15 : , Many frlende
and relatives were present and the floral of
ferings were many and beautiful. The pall
tiearcra wcro : Samuel Haas , L. C. Etnpkle ,
11. H , OberhofctcT , W. E. Haverstock , Dr ,
I , B , Woodbury and Thomas Officer. Rev ,
i\V. S. Barnes and Rev. Dr. Phelpa officiated ,
Relatives present from out of the city were ;
'John P , Warren , a brother of the deceased
from Canton , III. , and also a sister from the
came place. Also a eon , Dr. Horace Warren ,
mid wife , from Allsjourl Valley. Interment
; was at Fatrvlew.
C. B. Vlavl Qo. . female renedy ; consultation
free. Office hour * . 9 to 12 and 2 to C. Health
book furnished. 320-327-328 Merrlam block.
N , V , Plumbing company. T l. ff. .
PI IPf/IVr I > tO t IM Vhlll IT1 ?
l < LlCUMi.K ! LS A CANDIDAL !
Announces His Willingness t3 Run for
Governor of Iowa.
COUNCIL BLUFFS MAN ENTERS THE RACE
lie Will Xo ( Mulii ! n I'ri-MHinl Clinnc
After Voti-M , lint HlH Frli-
- Hi- Will ( id
Then- .
A. T. FllcklnRcr has formally announced
his dclcrmhif'llon to ent r the contest for
the gubcrnetcrlat nomination at the Cedar
Rapids convention , and while ho will not
enter the army of candidates who arc mov
ing all over the Plate for the purpose of
working up enthusiasm and getting votes
In the convention , ho will make a dignified
canvaes that will bo likely to win If certain
probable contingencies arise. Mr. Fllcklngcr
docs not Intend to got In anybody's way ,
but his friends believe now that ho will
go Into the convention with a strong fol
lowing among the delegates of southwestern
Iowa. Ho Is a strong man , politically and
In every other way , and ho was selected by a
large number of the active republican
workers of Council 'Bluffs ' and the Ninth
district as tbtlr candidate. At first ho was
Inclined to regard the suggestions lightly ,
but cVontn and assurances of the last few
days have ciuisi'il him to determine to en
ter the race and make a winning fight If
pcttslblc. There arc two other candidates
from the southwestern portion of thu state
who will dispute with Mr. Kllcklngcr the
honor of a nomination. They are Speaker
Ilycrs of Hnrlan. wlio made such a bright
record a ? speaker of the house at Ues
Molnes , and J. W. Harsh of Creston. an
ex-state senator. Mr. Uyera arrived In
Council HU'ffo last night and will spend
Rome time looking after his Interests hero.
Wr. Harsh hca so far contented himself with
writing leltcra. A large number of letters
were received from him by republican work-
era here yesterday. They tct frrth his
claims strongly but temperately. Mr. Hlck-
Ingcr , however , will open no literary bureau
and will not tour the Htate in the chase
for convention voUs. Ho will wait until
the convention meets at Cedar Rapids , and
If the contingencies referred coma f out ho
will come very near , If he docs not succeed ,
In making the winning combination.
In the caucuses tonight the friends of
Spc-iker Bycis will be found working hard
at each of the primaries. Ex-State Senator
Harlan. of Mount Pleasant , who carried the
county In the state convention two yeara
ago. will also have friends working for his
endorsement by the county convention. A
number of his friends and admirers hero
have been writing to him and they have
got him to announce hla willingness to be
come a candidate.
Outside of Council Bluffs the most for
midable candidates are State Senator A. B.
Funkc , Conprcasman J. A. T. Hull. Matt
Parro't , ex-Governor Larrabeo and ex-ben-
ator Harlan. All of these men have earnest
friends In Council Bluffs who will answer
their appeals for effective work In the
county convention. These Interests will
make the primaries and the convention of
more th.w o-dlnary Interest.
Sliver teaspoons go with Domestic soap.
AJfXA AIINOI.H TKM/S / TIIK STOUY.
Child fiors on tinStniiil < o ToHtlfy
Aenliint Grorjjf Emcrliio.
The hearing of the charge of criminal as
sault preferred by the guardian of Anna
Arnold against George Emcrino was begun
before Justice Burke yesterday. The little
girl herself was put on the stand , and was
subjected to a Searching examination that
lasted nearly all day. She told a straight
forward story of the buggy ride to a lonely
place southwest of Manawa and the brutal
assault made upon her by Emerlne. She
told of her mother having given her consent
for her to accompany Emerlne to the lake
to carry a message to her stepfather , H. D.
Carbec ; of Emcrtne Inducing her to take the
train for uptown , Instead of to the lake ; of
his procuring a buggy onrt of the long ride
In the darkness. She said Emcrino told her
ho was taking her to a dunce at Rlcf's hall.
She testified to the violence used by the
man and her pleading to be taken "home.
The girl WPS In tears during a greater part
of the time occupied by the painful recital
of her story , but no amount of adroit ques
tioning by the attorney for the defendant
could shako her narrative.
It has been given out by the defense that
Emerlne will not bo held to the grand jury
and that the case will end In the justice
court. The pan ! Is to attack the character
of the girl and to show also that she Is
more than 13 years old. About twenty wit
nesses will testify on this point , many of
whom claim to have known the girl for at
least fifteen years. Some of the evidence
promises to bo rathtT sensational. The de
fense will show thst there Is no written
record of the child's birth and that the
mother la mm bio to fix tie date within two
or three years of the- exact period. The
father of the child was an old soldier ,
who died neir Crescent City. A
soldier's head stone was put wji
at the grave , which Is located In
Reel's cemetery. The date of the death of
Arnold was strangely omitted from this
stone , and the defense will show that Mr ,
and Mrs. Carbce a month or more ago re
moved the stone and brought It to this city
and left It at a North Main street marble
shop with orders to cut the date of October ,
18S3. This Is claimed to be a year later than
the actual date of Arnold's death. Neigh
bor ; ' will testify that .Arnold died In 1882.
and at that time Anna was a child old
enough to run around and talk distinctly ,
and was at least a year and a half old at
that time. This evidence may have some
bearing upon a pension that the child Is
drawing , and which will expire when she
Is 1C years old. It Is probable that the case
will last for several days. If It Is finally
proved that the child Is over If. years old
the offence wilt not constitute statutory as
sault ,
40 Domestic soap wrappers are good for
filx silver teaspoons ,
The Southwestern Log Rolling associa
tion , Woodmen of the World , have secured
for their picnic , Sunday. ( August 1. a rate of
fi cents from Grand Plaza to Manhattan
Illeach and return ; also a rate of 30 centa
fiom Omaha to Lake Manawa and return.
Fifth annual discount , sale , 20 per cent to
all cash customers. Durfce Furnlturo Co. ,
205 and 207 Il'way.
The genuine Domestic Soap Is the first
grade. The Imltatlou la a cheap grade.
The MethmMst ladles will have on sale
today In the room adjoining the Nonpareil
building all kinds of fresh bread , pies ,
cakes , salads , etc. Also fresh fruits , Ice
cream and cake , 10 cents during the day
and evening.
ForccliiNiii-i * Suit.
A foreclosure suit was Instituted In the
district court yesterday by Beaten and Un-
derwoo.1 against Charles Peterson and wife ,
The amount Involved Is about $500.
MIIIIIIAVII Trulii Service.
Owing to Increase of traffic the Lake Man
awa Railway company has been compelled
to Increase Its train tervlce. Hereafter a
train will leave Broadway at 11 o'clock
a , in.
The genuine Domestic soap wrappers are
rod. Beware of Imitations.
Iluturn to Work.
ALLIANCE , O. , July 30. The 100 mlnera
employed In the three mines at Bergholz ,
the southern termluuv of the Lake Erie , 'Al
liance & Southern railroad , have returned
to work. They went out at the commence
ment of the Htrlke. Thursday the operators
ottered them 75 centu a ton for mining , an
advancn of 20 cents over the old rate. They
accepted the offer at ouce aud returned to
work tbto teeming.
STOM : is r.miMsci M AII TOUO.NTO.
Authentic tiiriiriiinllon of Ilio Wlioro-
nlioiilx of Iho Kx-Cnuliler.
SIOUX CITY , July 30. ( Special Telegram. )
What Is considered the first piece of au
thentic Information as to the whereabouts
of E. P. Stone , the ex-cashier of the Sioux
City Savings lunk , arrived In this city this
morning. It was In a private letter from
Miss Mao Adams , deputy county recorder of
till. ) county , Mls Adams Is visiting In
Toronto , Ont , , and says she frequently sees
E. P. Stone In that city. Miss Adams adds
she has been told he Is camping somewhere
In that vicinity , but appears to be making
no secret of his whereabouts. Miss Adamo
snys It Is Impossible that she can bo mis
taken , for she knows Stone perfectly well ,
and has had frequent business dealings with
him during his rcsldcnco In this city.
CoiiiiiK'iioniirtit nt Slieiiniiilonli.
SHENANDOAH , la. , July 30. ( Special. )
The commencement exercises at the Western
Normal college closed last night. The past
year has been noted for a larger attendance
than any year since the college was rebuilt
The Improvement In the business depart
ment Is very encouraging , and , In fact , every
dcn.irtmcnt has made rapid and colld Im
provement. There will be no material
changes In the faculty for the next year.
Mlfs E. Mae 'Morse ' , who was musical direc
tor In 1894-95 , will resume the work next
year.
Graduates In eight courses have gone out
to the number of seventy-four. The com
mencement exercises have been of a high
chamclcr , and many strangers and former
students were In attendance.
The alumni anniversary , held on Wednes
day evening , was followed by a banquet.
Attorney C. W. Whitney of Harlan , la. , a
normal student of 1SS9 , delivered the annual
oration. Another pleasing feature of the en
tertainment was the reminiscences of college
life , by Dr. G. T. Rumbaugh of Vllllsca , la.
Superintendent II. E. 'Deter attended the
commencement exercises at the college.
FIIMOII | Cniiillilntr for Simi < or.
MISSOURI VALLEY , la. , July 30. ( Spe
cial. ) At the district convention held hero
yesterday Hon. L. R. Bolton of Logan was
nominated as state senator on the fusion
ticket. The populist convention worked hard
to secure the nomination of Dr. 'Evans of
Onawa , but the democrats In an adjoining
teem completed a fusion by * which their
man received a majority from both sides ,
and ho will carry the standard.
MlnUter Killed l > > the 1'nxt Mull.
CRESTON , la. , July 30. ( Special Tele
gram. ) Rev. Otto Nell , a German evangeli
cal minister , was Instantly killed at Afton
Junction today by bolng struck by the Bur
lington fast ma'll.
HOW IT FI21CI.K TO KAI.I. A MI MS.
Prof. llnrimrd'N Thrlll'iiK
l ! | > AIIIOIII ; ( lie ClotnlN.
Prof. A. W. Barnard , the celebrated
aeronaut , had a phenomenal escape from
death a few days ago . .at Nashville , Tenn.
Ho fell from a height of 5,000 feet and lives
to tell of his thrilling experience. The
balloon which supports his airship burst
when nearly a mlle above the earth. He
and his apparatus plunged back to solid
ground , and the remarkably fact Is that he
escaped aerlous Injury. He was badly shaken
up , but quickly recovered from the shock
sufficiently to walk. The daring aerial
navigator owes his escape to the fact that
his balloon luckily transformed Itself Into
a parachute. Prof. Barnard arranged to
make a quiet voyage with his airship for
experimental purposes , and hlo ascension
was not advertised. He made It from the
grounds of the Tennessee Centennial ex
position. Not many persons knew of his
Intention. He began his flight Into the upper
regions without demonstration aud with no
crowd present to cheer him on. He had
nmdo careful preparations , forcing nearly
5.000 feet of hydrogen gas Into the balloon.
This wao more than ho had used on any
of his previous trips , and the fabric of his
balloon was distended until It almost
snapped with the tension. There Is a theory
that the gas expanded when the floating
machine reached the rarifled Atmosphere
of a high altitude until ttie strain became
too great for the balloon to stand.
When Prof. Barnard shouted "Let her
go ! " his assistants released the machine
and It shot away from the earth like a.
mighty bird. As It rose above the trees and
buildings it attracted the notice of people ,
and news of the ascension spread from
mouth to mouth. The streets were quickly
filled with spectators ana many hurried
toward the exp'osltlon grounds. The daring
Inventor was plainly eeen manipulating the
machinery until the airship was high In the
air. When it had become a mere speck
against the sky the spectators saw It sud
denly reverse Its course and 'began ' to fall.
It was soon observed that the balloon and
Its attachments were wobbling In a strange
manner , and It became evident to the anx
ious throng below that something had gone
wrong with the alrphlp. As the falling ma
chine and Its lone passenger came near
enough to be scon distinctly , It was noticed
that the balloon had lost much of Its gas ,
for It had lost Its shape and its loose sides
wore flapping like BO many streamers. The
word was passed that the balloon had burst
and the city was filled with excitement. The
flying machine at times fell with fearful ve
locity , and at others floated with an easy
motion. The balloon was flattened out and
had somewhat the effect of an irregularly-
shaped parachute. It ewayed from side to
stdo and threatened to throw the navigator
from his scut.
As the airship shot down to the earth
Prof. Barnard could be seen holding with
a grip of death to the ropes. When within
about 200 feet of the earth the balloon became -
came partially filled with air as It rushed
rapidly to the earth. It filled out and the
speed of the descent was checked. By the
time it struck the ground it was traveling
at a moderately low rate of speed , and Prof.
Barnard was not even stunned when he
finally landed on Mother Earth after his
thrilling experience. The balloon , after It
struck the earth , drifted up against a fence ,
where It lodged. The gas which was es
caping from the rent In the balloon was
suffocating. The balloon fell in a vacant
lot outside the exposition grounds , not far
from the main entrance.
As soon , as the crippled alrahlp with Its
human freight struck the earth a large
crowd rushed out of the expedition grounds
to see what damage had been done. Some
were breathless with excitement , for they
confidently expected to find Prof Barnard
a dead man. They had seen the balloon
tumble dowin to the earth In an unnatural
shape and knew that thu chances of a hor-
rlblo result to the accident was almost sure
to follow , They wcro relieved to find the
daring aeronaut rafo and sound , The pro
fessor was naturally rattled a bit , but he
was only too glad that he landed on a soft
place. The lot in which the ship fell Is
covered with grass Itnee high , and was about
the most comfortable spot that Prof. Barnard
could have selected , even It he had an op
portunity of making a choice. It Is almost a
miracle that he escaped a horrible death.
The trees , housco and fences near by were
objects that ho dreaded , and as the affair
turned out ho was fortunate enough to es
cape every obstacle.
Prof. Barnard said his Intention was to
go as high as possible and strike a differ
ent current of air , When the airship was
about a mile from the earth , and while he
was buelly engaged In adjusting the ma
chine , ho heard a popping noise. He looked
up and saw there was a rent In the balloon.
Ho supposed the bursting of the balloon was
duo to the rarefied air and the heat from
the sun , the pressure being BO great. The
descent of the airship , due to the gas es
caping from the' balloon , was gradual for a
few minutes. The balloon acsumcd the form
of a parachute and the descent became more
rapid as It approached the earth. He threw
out sumo ballast to prevent a serious col
lision , and seeing that ho was likely to land
upon 'a fence he cast out moro ballast and
finally succeeded In lauding safely In an
open lot. _
PiiMlicil front u Mnvlnir Train.
WASHINGTON , Ind. , July 30.-H8rry Lis
ter , uon of the purchasing agent for the
Monon , was murdered near hero lavt night ,
He was pushed from the train , It 1 alleged ,
by John Williams of Trenton. Mo , Lister's
home was Bedford. Williams U In Jull ,
An engineer named George. Welch says he
saw the murder.
I'rexlilrnt'M Uncle CieU ail Oilier.
SAN FRANCISCO , July 3) , H. F. McKln-
ley , uncle of President McKlnley , waa ap
pointed assistant postmuattr of this city by
Postmaster Monusue ,
1IDST RE \YITHIN \ THE LEVY
Department Appropriations Cannot Fe En
larged by Transfers rem General Fund ,
" '
- !
OPINION BY CITY/ATTORNEY CONN-LI
t <
Snliirlr * May lie Matured , or Kmiito ) on
JllHolmrKcil ti > , ! Jl toi UXIICIIM
Wllliln tlif'l.lmllK of ( he
In rcsponfio to n request from Mayor
Moores. City .Attorney Clbnnell lias prepared
a written opinion covering the power of the
city council to transfer funds from the gen
eral fund to eke out the appropriation * for
the flro and police departments. The city
attorney takes the positive ground that Uic
council has no right to make such a transfer
and that any member of the city council who
assists In the transfer would bo liable on
hU bond tor the amount thus perverted.
The opinion was called for on account of
the apparent neccaelly for some additional
provision for the pollco department. The
levy for the pollco fund will not nearly last
through the year at the present rate of ex
penditure , and the city attorney advises
that the Board of Fire and 1'ollce Commis
sioners must Keep the > expenditures within
the levy. Ho further holds that the boatil
has the undoubted right to accomplish thU
by the discharge or suspension of a sufficient
number of employes to reduce the expenses
of the department to the levy available. The
following Is the opinion In full :
OMAHA. July SO. 1S37. Hon. Frank K.
Moores , Mayor nntl ex-OlllcIo Chairman of
the Honrd of Fire and I'o'.lco Commissioners :
Dear Sir In response to your request for
my opinion us to the effect of the resolution
recently passed by the council relating to
the expenditure of funds l > y the Hoard of
Flro nntl Police Commissioners and for my
opinion as to the poweni and duties of said
board with reference to expenditures. I
wcud ! call your attention to the several
provisions of the charter and give yon the
Kitbstance of the carefully prepared opinion
which I furnished to D. H. Wheeler while
he wns a member of the city council regard
ing the expenditures of the boards and de
partments of the city In excess of the funds
provided for such boards and department ? ,
and regarding1 the right of the. mayor and
council to provide' additional money for any
board or department of the city by n trans
fer of funds.
LIMITATIONS BY THE CHARTER.
I would say to you , ns to Mr. Wheeler ,
that while In the past It has generally
been considered that the general fund of
the city couM be diverted or used for nny
purpose , a careful InvestlsaUon of the- mat
ter will demonstrate that this supposed
right has Us limitations.
Section 78 of the old charter , under which
the levy of taxes for ISO ? wns made , gave
to the mayor and council power to levy and
collect taxes for general purposes not ex
ceeding 14 mills on the do.lar valuation In
nny one year. The same section gave to
the mayor and council power to levy and
collect taxes for certain specified purposes' .
It bolng expressly provided that the taxe *
levied for such purposes should constitute
a separate fund therefor. The amount
authorized to be levied and collected for
maintaining and paying the police depart
ment wns not to exceed 5 mills. The
mayor and council In February , 1S97 , made
levies for both the lire and police- depart
ments to the full limit authorized by law.
I am of the unqualified qplnlon that the ex
penditures by the Ilonrd oC Fire and Police
Commissioners should , up kept within the
limit of the levies , qjid , that expenditures
In excess of the levies wou'd be unauthor
ized and would render Hie members of the
Hoard of Fire and Police .Commissioners and
their sureties liable on their bonds.
It ly provided In section 145 of the old
charter that the Board of Fire and Police
Commissioners may employ firemen and as
sistants , and shall hnvo power to appoint
a chief of police and 'Such other olilcers and
policemen to the extent that funds may be
provided by the mayor and 'Council' to pay
the siilarleo of such oiilcers. The same
limitation of the power 'to employ firemen
and assistants and policemen Is contained
In section 1C9 of the 'nd\v charter.
While section 79 of the old charter limits
the amount of levy for flro purposes and
police purposes to V'rnills each , section 138
of the new charter .pont&na a somewhat
plmllar limitation , , but Jdlffering In form.
In section 13S of the new charter the levy
for the maintenance 6f. the FJre department
Is limited to $125,000 , . nhd the levy for the
maintenance of the Police department is
limited to $115,000. The same section also
limits the levy for the general fund to
$225,000. It is provided In section 97 of the old
charter , and in section 82 of the new char
ter , that the city treasuerer shall keep
a separate account of each fund or appro
priation , and the debits and credits be
longing thereto.
SHALL NOT DIVERT FUNDS.
It Is provided In section 101 of the old
charter , and In section 139 of the new char
ter , that :
"Each and every fund shall bo strictly
devoted to the purpose ror which It IH
created , and shall not be diverted , trans
ferred or borrowed therefrom ; nny member
of the city council voting to so divert , trans
fer or borrow the money In nny fund shall
be liable on his olHclal bond for the amount
so diverted , transferred or borrowed. "
In view of the fact that the legislature
hau placed a limit on the amount of the
several levies for the funds ppeclfled , and
has expressly declared that the money
from none of the funds specified shall bo
diverted , trans/erred or uorrowed there
from , I am very clearly of the opinion that
no more right exists for diverting or trans
ferring money from the general fund to the
fire or police fund than there Is for diverting
or transferring money from any special
fund to the police or fire funds. I am of
the opinion that the limitations referred to ,
taken In connection with other express
provisions of the charter , precludes the Idea
that taxes levied and collected for general
purposes can bo diverted or trans/erred to
any specific fund for which a levy Is ex
pressly authorized , and the amount of
which levy is limited by the charter.
In other words , the mayor and council
cannot lawfully do Indirectly what they
have no legal rlnht or power to do directly.
To illustrate : It Is clear that the mayor
and council were limited In power to levy
taxes for the payment of the expenses of
the Hoard of Health to 1 mill on the dollar
valuation In any one year , and are now
limited to a levy for nucli purpose of $10,000.
This limitation plainly existing , the mayor
and council have not the legal right to add
an additional mill or any amount to the
levy for jrenrral purposes for the expenses
and use of the Hoard of Health. The same
principle is true and applies with equal
force to the levies for the F.re and Police
department ? .
I find force given to this view of the
limit of the pawcr of the mayor and coun
cil to levy and collect taxes and to their
power to divert or transfer money from one
fund to another by the provisos which
form n part of fectlon 101 of the old charter ,
and section 139 of the new charter , which
provisos seem to clearly contemplate that
the general fund , as well as the several
rpeclflc funds , was In contemplation when
It was declared that every fund created by
the charter should be strictly devoted to
the purpose for which It Is created , and
phould not be diverted , transferred or bor
rowed therefrom. The first proviso to
which reference Is made authorizes the bal-
imces remaining In nny special fund after
the payment of all liabilities against fueh
fund to be transferred to the general fund.
The second proviso authorizes the payment
of Inspectors of publfc works , to cover the
cost of which It IH , .contemplated that n
special fund shall be citeatuU , out of the
general fund , to be 'reimbursed from such
tspecla ! fund when created ,
If the amount of.th , < * levy heretofore
authorized to bo madoifor the lire and police
fundsi (5 mills for each ) Ms Inpulflctent , the
fault Is with the oldJIniw. If the amount
now authorized to bo made for the Fire de
partment ( * 125,000) ) , or'for ? thfl Police depart
ment ( $115.00In ) Insulllelent for the main
tenance of these respective departments , the
fault Is with the present 'law.
MAY REDUCE , TUB FORCE.
I am clearly of thb opinion that It Is
the duty of the lionrU iof Flro and Police
Commissioners to keep the expenditures of
the Fire and Police dep.-trtments within the
limits authorized by HW.'und that the mayor
and council cannot ta'wfully mukc good
expenditures In 'excess of the limits
prescribed by law by inverting money out
of the general fund.Ry doing go the councilmen -
cilmen voting for sue transfer or diversion
nt money from the 'general fund , and the
mayor approving tiny resolution or or
dinance authorizing this to be done , would
render their bondsmen -and themselves
liable.
Au I view the matter , the Hoard of Fire
and Polite Commissioners , to use a homely
phrase , should cut their garments accord
ing to the cloth fiirnlehed. For the purpose
of keeping within the limit prescribed by
law , If It be necessary to reduce salaries
or cut down the police force. It should >
done. If one board or department of the
city can run wild because necessity or
emergency , na the case may be , would
eeem to require It , every otner department
and board can do the name thing , anil the
result will be demoralization and deficits
all along the line.
With regard to reducing the present forcu
C'f ' either the Fire or Police department , I
would say that when the real purpose late
to reduce the expenditure within the limits
required by law , the Board of Fire and
1'ollpo ommi donfrs would be nuthorlzoil
to make fucli reduction , even though It
Involved the discharge , as It lieco. s.irlly
would , of n number of men. The board
can no doubt adopt mnu > fair plan , should
such course lie desired , for determining
who should be laid off , rupvndcd or dis
charged.
To fully comply with the requirements of
the present charter , the provisions of which
are fomewhat conlUctlng , It might bo wtll
to give any mt > mliir.M of the lire or police
force proposed to be laid off , sn pcnded or
llschnrged , n hearing. Thin would seem to
be nn unnecessary and useless procedure ,
but the charter evidently did not contem
plate that there would no a necessity for
reducing the pollco or lire force In n city
of the metropolitan class. Respectfully
submitted , W. J. CONNKKL.
City Attorney.
INVOLUTION OK Till * . IMUII'DSAI. .
dinner * lit tlio Old , 01.1 Story
\VrniiKltt In Fiction I'outiilrlcN.
Slnco the time when Oed made Eve to bo
a companion to Adam the destiny of lovers
has awaited the proposal of man. The sweet
old story has been told again and again , by
old and young , by lips tremulous and lips
firm. Fiction , the mirror of life , has pic
tured for us the fleeting bluelt , the trembling
voice , the clasped hands.
With the progress of the world and the
evolution of the novel , says the Chicago
News , the form of the proposal has changed
from grave to gay ; from the stilted and
courtly to the most delightfully off-hand
declaration. Literature shows the true lover
to his time , from the day when Jacob met
Rachel at the well down to the electric
present.
As the world emerged from the darkness
of the middle ages life lost something of
Its simplicity and the expression of Us * emo
tions became a tnoro complex problem. The
courtships In our earliest English fiction
arc Intricate affairs. In which the real feel
ing seems well-nigh hidden beneath the kid-
gloved etiquette and the etllted phraseology
of the time.
Imagine a nineteenth century girl living
through such a harrowing experience ns that
of the heroine of "Tho Mysteries of Udol-
pho" or of Amanda In "Children of the
Abbey. " It must have been extremely de
pressing and wo do not wonder that the
tears of ssnslblllty were always coursing
down Amanda's checks. No proposal was
properly carried out by the kneeling swain
without a general accompaniment of sighs
and tears and dcath-liko swoons.
Wo are apt to regard the old style as mon
strously unnatural. Hut It may not bo more
unlike the manners of that tlmo than arc
the present descriptions or similar events
unlike our own. Our ancestors of two cen
turies back had not the free and easy bearIng -
Ing which Is to us as the air wo hrcatlio.
May Allen Ward's Interesting description
of an old-time magistrate's various success
ful and unsuccessful attempts to find a com
panion to pteslde over his desolate home
gives us some Idea of what an undertaking
the finding of a wife was In those early -Hos-
ton days. The Judge sent his lady presents
of books and lalslns , tortoteo-shcll orna
ments and cake. On one occasion he wns
guilty of a great boldness , concerning which
\vo have this Interesting account : "Asked
her to acquit me of rudeness If I drew off
her glove. Inquiring the reason , I told her
It was great odds between handling a dead
coat and a live hand. Got It off. "
The stories of Jane Austen and Miss Edge-
worth mark the transition from the old un
natural school to the moro modern am' real
istic writing. While they do no' entirely
lose the stilted manner , their characters are
simpler and are endowed with human nature
like our own.
Dickens , that master of human emotions ,
has a varied style , yet one easily analyzed.
With his fun-loving disposition he could not
fall to detect In people's love affairs the
element of comedy , and this he holds up to
us In clear light. For pure fun what could
excel that most unique- proposal of Mr.
Dark Is ?
The old carrier and the youthful David
had been dlsciLMlng Peggotty'a culinary skill
and Barkis had been assured that the field
was clear of rivals. David tells the story.
" 'Ah ! ' ho said , slowly turning his eyes
toward me. 'Well , It you was wrltln' to
her p'raos you'd recollect to say that Barkis
was wlllln' . would you ? '
" 'That Barkis was willing , ' I repeated , In
nocently , 'la that all the message ? '
" 'Ye-es , ' he raid '
, considering. 'Ye-es ,
Barkis Is 'wlllln' . ' "
Strange to "say , this brave beginning was
devoid of effect. Peggotty after the receipt
of the message remained as silent as the
sphinx. When David took his next ride In
the cart the old carrier was unhappy.
" When a man says he's wlllln' , ' said uMr.
Barkis , its as much as to say that man's
waltln for n answer. '
" 'Have you told her so , Mr. Barkis ? '
" 'N-no , ' growled Mr. Barklg , reflecting
about it. 'I ain't got no call to go and toll
her so. I never said six words to her myself
I ain't a-goln' to tell her so. ' "
Again David acts as mediator and Mr. Bar
kis given him his message.
" 'Says you , "Pcggotty. Ilarkls Is waltln'
for an answer. " Says she. perhaps , "Answer
to what ? " Says you , "To what I told you. "
"What is that ? " says she. "BarkU Is will-
In' , " says you. ' "
Or take the Immortal courtship of David
and Dora. David was struck with bashfulness -
ness atid thought first that he would , then
that ho dared not. till Dora reproached him
for his neglect. Then he .flung prudence and
bashfulness to the. four winds and told It
all In a minute. He raved , Dora ctle.l Jlp
barked ; David protested that "no lover had
over loved , might , could , would or should
ever love" as he loved Dora. The mora
madly David raved , the more madly Jlu
barked. Then In a minute It was all over
and they were engaged.
Dickens had , however , too much reverence
for real love to hold It up to ridicule. He
raises a laugh at times , but when he depicts
the real thing , the genuine God-given love
between man and woman , ho puts Into It all
the sweetness and dignity and beauty of
which such a master Is capable. He subor
dinates tlmo and place ; ho Imbues us wllh
his own reverence , ao that wo feel , with hlui ,
that we am Blending on holy ground.
Gfnrgo Eliot's proposals are harder to
classify. She never provokes a smile. Life
and love are too earnest and too sad. It Is
difficult to point out In her writings a single-
Instance of thoroughly happy love. There
Is always uonio grim shadow standing by Id"
rob the most sincere love of Its perfectnora.
For Dinah Morris and Adam Bede there was
prercnt the thought of poor , lost Hetty ;
Daniel Deromla In asking for Mlrah's love
asked also to bo allowed to share In the pain
and disgrace which her gambling father
brought upon her ; "The Mill on the Floss"
tells only of tragedy.
Perhaps this ever-present pain Is truer to
llfo than we earo to think. Human belnga
are seldom entirely happy and there arc few
hearts that do not hide a skeleton. Yet wo
cannot but wish that our mirrors would
show UB the Ideal , the joy without the pain.
Complaint has been made that few writers
approach the natural in the language in
which their propceals are couched , They
are too Ideal too neatly turned. True , Moat
premeditated speeches are idyllic. Just as
you , my dear sir , carefully rehearsed the
graceful proposal you Intended to make , You
clothed the most beautiful eentlments In the
most appropriate language. You Imagined
the lady's bomcwhat embarrassed yet alto
gether satisfactory replies and your awn fer
vent responses. But when the time came
did you carry It out aa you Intended ? Not a
bit of It. You stammered and blundered ;
you forgot all your pretty speeches and said
things Instead which would not ho at all
presentable In print. So , of course , there
proposals are not at all natural ; of courto
they are Ideal , They are what you Intended
to say but did not.
Occasionally , while making a heroic effort
to bring his proposals within the realm of
everyday probabilities , a writer stiecepda only
In making his characters ridiculous , An au
thor , whoso name I have forgotten , pictures
for ua a young man. beautifully gotten up
for the occasion , coming to tniko a morning
call upon hla lady-love , only to find her en
gaged In getting out the family wash. The
gentleman , It sem , has the freeQom of the
house , so he seeks Ms Dulcluea In her house
hold haunts. While her dimpling elbows are
flashing In and out of thu snowy tnids he
makes his declaration of love. For her an
swer the Impulsive young lady flings tier
CASTOR ! A
Fur Infants and Children.
Itn
nm
about his neck And bides her burning
on Ills lirc.inl. Whether- think o *
ll--ahfl ! paused tlelllicrntely to wipe the
soapy \vMcr from her nrms upon her apron or
whcther-'thlnk of It acaln ! hc precipitated
herself , ftoapsuds nnd all , Into his embrace ,
regardless of broadcloth nnd Immaculate
linen , the author neglects to Inform tit.
However , If you want pure , unadulterated ,
practical realism , come down to present-day
fiction. In ( lils age A man Is nothing It ho ta
not practical. He turns nsldo from a thread *
bare precedent and makes a law for himself ,
The rciil , up-to-date proposal Is eondtictcd
with nil modern appliance * . We ( ire met by
the Important question In the street car and
on the crowded railway train. The bicycle
proposal Is recognized ft.i n ttaplo article.
The lawyer proposes to his stenographer on
the phonograph. Thn busy man may send
n telegram or he may call his lady up and
declare his scntlmcnta over the telephone ,
when ho will be spared half the pain of a
refusal , btit she will lose halt the fun of It ,
for she cannot sec how ho bears It.
A Kl.MU.V IIK.
One of < lic ICIiulVhtuli .MiiUfN Uio
World Six-otui' .
Three busitictM women wore dlnliij- to
gether In a downtown restaurant. One
was middle-aged mid ot that severe
type of failure Hint sends children oft to
hide their fncoA In ilu-lr mothcr'H Kklrts ,
say the Minneapolis Times. Her eyes wcro
wide untl trunk , nntl of that fumlllnr simile
of turquolso blue which IH never nccom-
imnled by IIII-BO pupils. Stiu wore her hair
ilrnwn tightly over her tcmplns tuul her
Bhlrt wnlst 1111111 ? luor ly upon her curve-
Itss figure. Her vis-a-vis wn a younger
woman whose eyes ilaneetl KUJ'ly from one
table to another , Her hair was all n tousle
nnd her cklrt vngscd Bllghtly nway from
her belt , Carelessness was written all over
her face nnd figure , but there wan po iwirh
warmth anil good humor In her wide ftnlle
that one forgot the carelessness In the gocxi
humor. The third woman came In late.
She wns shy and timid , and looked Ilku a
bit of potcclnln. Thu color came and went
In her checks nnd her hands lluttered like
the- wings of n humming bird o\or the
various dishes. She Joined her dinner com
panions , sliding down the nlplo between the
rows of crowded lablea , evidently inlnfully
conscious that the people wcro observing
her. When she reached the tnblo where
the sharp-fenturcd woman nnd the woman
with the wide smile Were seated she suld
good evening timidly to the older woman
and with n happy unreserve to the younger
one.
one.Very often excessive timidity brlngH a
chill of reserve In Its vttiae , and the ad
vent of the young girl brought n wave-
of silence to the conversation which the
two Older women had been carrying on with
animation. The young girl lingered the
menu undecidedly , feeling the weight of the
oppressive ntmcwphcro of silence she had
brought with licr. Finally HIO | looked tin
timidly Into the cold eyes of the older
woman.
"Do you like my dress ? " she asked shylv.
The eyes of the woman traveled nlowlv
the length of the girl's Ilgure. She did no't
SHAKE INTO YOUR SHOES
Allen's Fnot-Mape , a powder for the fcc't. It
cuics i > .ilnful , FWollcn , Hinarttni ; feet nnd In-
stnntly takes the ( .ting out of corns nnd bunions.
It's the grcnlegt comfort discovery of the nKe.
Allen's Foot-Kate makes tl ht mtlnir or new
tliow feel eaty. It In n certain cun- for Kwent-
InR. cnlloua nnd hot. tired , . nchlliR feet. Tiy It
today. Sold liy all driiKKlftH nnd shop ptorps.
By mall for S."c In stamps. Trltl iiiickaKe FIltCH.
Addresn. Allen S. Olmsted , I.e Hey , N. V.
mean to be unkind ; she \va only honc t.
"Tho color Is tirotty and becomes yoiu
Hut you are tow dumpy to wear no lario *
check ; It mnkcs you look like a toad. If I
wcro you I Khould have had n plain color. "
Then Bhe craned her long neck to get a
bettor view of the back. "Tho back wee-
waws awfully. "
There were tears JuM behind the gtrl'rt
lashes. A new drew was a rare thing , and
Htie had innde the choice of thin after thn
most uiroful consideration. TMP woman ,
with the wide smllo was quick to read the
Klrl's disappointment.
"I like the nt of It , and I am mire the
J'lnl'l ' ' very pretty and styllnh. I don't
think you could have found anj thing nny-
where that would have boon more elite. "
She was not telling the truth and ho
knew it. She was only telling ono of these
kindly lies which make the world n sweeter
place to live In. i
If they arc healthy filter the uric acid
and poisons out of the system through
thu urine. If tliey are not acting right
the results llfiplit's Disease
arc , Rheu
matism , Neuralgia , Bladder Trouble ,
Dropsy , etc.
These can be
Your unniplp of lluliw Ktnrniiiii | Kidney Tills
relieved me of Kidney trouble wlilch 1 have h d
for tlilily yfinv. nnd I think they nre the Till
anybody should uaf wliof \ tuuMiM vlli ! Kldnrjr
disease. II F l-Mlii ) . Onmho , NfU
- * - lMDV | AW QB
Spa raps Kidney Pills ,
HOHIIS HKMI.DY CO. , PnoriUETOUs , CutcAtio.
lr ) lliililKl'lll * Knr Sil In OMAHA , NHII. , bv
Kl'llX.t CO. , lirllnlilK lniiijl ) t nnd Mini-nil
\ \ nti-t Di-nlcr * . N.V. . Cor. IMh anil Douitlni Si * .
Static Klpctilclt ) IK the inily IHOIKT trrutinrnt
for Illn-uniatlntn. l.umlMKo , Sclnllcn , Oout and nil
Nervous IIIK > HFCI > . It \ > ni > | irmi > < l inn ! icoc.in-
memliMl by tlic meillnil piofoMslnn. Dormiituio-
Kl. t Wooitliury , 1 ! ? Wmt 4M St. . Now Yuik ,
Irns n Inrne Influence mni-Mne for tlio tiriitinrnt
of thofo illfpjircs. Coimiltntlon free ; clmrsr *
monVrnto
Council Bluffs , Iowa.
CAPITAL , . . . 5100,000
WT3 SOLICIT YOUIl I1USI1VF.S9.
WC UI2SI1113 YUltU COLLECTION'S.
OM2 OF Til 10 OLDEST IIA.MCS l.V IOWA.
B PEIl OHM' 1'AIU O.V TIMK DEPOSITS.
OALI. AND HUE : US Oil WU1TK.
SPECIAL NOTICES
COUNCIL BLUFFS WANTS
DWELLINGS FUUlT. FAUM AND UAIIDUN
lumls for tale r Kilt. Day & llesi. 3) Pearl
street.
On Bicycles and
' 97 bicycle costs too much monte -
ti < P ey to build cost too much
money to put on the market and are too good
a bicycle to kill by mangling the established
price. The price on these bicycles is none too
large now. We can't do business for glory ,
therefore the list price will remain at
ONE HUNDRED DOLLARS ,
But we can meet competition on the others
The DEERE , a strictly high grade $100 machine , guaran
teed for 12 months , $75.00
The DEERWEtL list $75 up to date while they last at
$45.00. A limited number only.
The MOLINE SPECIAL a fully g-uarantaed , modern.well
made , beautifully finished bicycle , at $35
You talk cash and we will talk discounts. Very easy terms.
Repair shop and livery in conjunction.
337 Broadway ,
Deere , Wells & Co. , Genl. Agts. , Council Bluffs , Iowa
The Improved PATENT GRATE
for Btcam boilorn. furnaces , ate.
Tills frnito IHioag \ \ largely usoi
in jmeldntj lioumw , brownriea ,
mills , tttcum hunting plants or nny
iilneo where Bteuui noilerfl uro bc-
intf iihud. They tire the most
euoni'inlciil , diinihlu and elllcicnt
Finikin ! * ' Ui'iito niiulo and will HIIVO
fuel. Write jftir ( ilrcultirs dcscrlh-
inj , ' tfntto.i , giving fuller Informa
tion to the
Orate Co
tOthAve. nnd 12th St
Council Bluffs , la
Sisal Standard Manilla.
TON OR CAR LOTS.
Pioneer Implement Co.
1000 Main St. , Council Bluffs.
Phone 100
M H A WlfiflDRUftlY After July ist my father , Dr.
UEli Hi WSJUUDlini ,
K < L ooabury , will huvo clmrjfo of
DENTIST. the pluto work In my olllco nnd I will
. RVO ! my entire uttontion to Operative
Dentistry , Crown and Bridge Work.
No. 30 Pearl St. ,
Next to Grand Hotel , K . WOODBURY , D.D.S.
