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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 20, 1897)
THE 031 ATI A DAILY HEISt WEiyvBsDA.y , OCTOTiEll JO , 1897. ARGUE POLICE BDARI ) CASE Bupr inn Court Hears the Contention of the 'Remaining Contestant. ASSAIL GGViRNOR'S ' RIGHT TO APPOINT Attorney for IllrUliiuinor Contends Onialia linn tinIllulit In Itulu llM'lf In Iteunril to l.ocnl .Mntlerx. L1XCOLN , Neb. , Oct. 19. ( Special Telegram. ) The supreme court met this morning and listened to arguments on motions In a number of cast * , among the latter being the Omaha fire and police case. Attorney McCoy for the re- lalor , Illrkhauncr , argued on the line that the people of Omaha were entitled to the right of self-government and that the legislature could not give the governor the right to ap point ofllcera for the city , nor the right to nhortcti the term of an officer already serving , llo denied that Blrkhauscr bad abandoned the | ofllce , and said he had given way to the new t hoard for the time being to avoid a disturb- ' anco. The argument of the other side of the case wan made by Attorney 1)ay. who relied I on the constitutionality or the new charter. MOOHKS' NKW BIIIKF. It the new brief filed by the respondents In the case of Droatch against Moores today these contentions arc set forth : "I. The petition does not state a cause of action against the respondent the olllce of mayor of Omaha not being within the con stitutional provision an 'olllco of trust or Jirollt under the constitution or laws of this stute " 2. The law requiring the clerk of the dis trict court to pay all unclaimed fees nnd costs to the county treasurer to be forefeltcd to tlso school fund Is unconstitutional , and tliesu fut.ds are therefore not 'public money.1 " .1. There IH no default lu the payment of fines. " Thi argument then goes on to show that whotuas the counties and precincts of the ntate arc each a i rt of the stale govcrn.- > nent , Its nlllcers aiding in the administration of the affairs of the state , the municipal cor porations are formed for the benefit and cnn- vonlciico of the people In the thickly settled portions , and are no part of the Kovcinineiil ot the state. To Mipport this the ease of &into against the State , 2 Iowa , Kit ! , Is referred to. Continuing the argument the brief says : "In that capacity they are In no way connected with the people ot any other community , not even with the county m which located , or with the state. Not a dollar collected by this corporation or Its olllccrs ever finds Its way Into the state or county treasury. Not n dollar frrm the state or county treasury Is ever turned Into the treasury of the municipality. " H holds that the olllcors elected within the municipality are In every sense of the word "corporate otllcers" and not olllcers "In the stato" or "under the state. " In sup port of tills a number ot auth-rltles are quoted , among them being the case of Brit- ton ng.i'nst ' Steber. V > Mo. . : ! 70 , where the oillco of mayor of St. Louis was being con sidered In connection with the constitutional term "olllce under the state. " In this case the court said : "A state olllccr may be c n- iMietul with some of the municipal functions jet ho must derive his powers from and exercise them In obedience to n state statute , and an officer elected ' under a municipal charter docs not como within thciio requirements. DOICS NOT HBVKIIT TO TUB STATE. As to the unconstltutlonality ot the law- providing for the forfeiture of unclaimed fees , a large number of decisions are cited showing that "tho power of forfeiture Is vceted In the wtato only by virtue of its power to punish the violation of law. It coi- BtltuttB the Infliction of a penalty for th = doing of some criminal or Illegal act , H Is exercised , not for the pecuniary advantage of the state , but an a police regulation to pre vent wrong doing. Property can be pro ceeded against for the forfeiture thereof only on account of n wrong done or an Injury In- lllctcd. " U Is also shown that the appropria tion of witness fees under the law does not constitute nn exercise of the power of emi nent domain , the doctrine of escheat , or the exercise of the power of taxation. It Is also argued that the act which Is entitled , "An net to Dispose of Witness Fees In Certain Cases , " Is unconstitutional because the title falls to convey the purpose and object of the 'bill ' nnd U deceptive and misleading. It Is ] therefore claimed that the act being void U ' necL'KBiirlly follow H that the funds are not "public money , " but are Instead "private funds , " the property of the various persons for whom paid In. The contention on this I point concludes : "At no time could respond. ' out have paid these funds to his successor , Inucmuch as a suit has for a long time , nnd prior to his election us mayor , been pending to compel payment to the county treasurer. " PAYS ALL THAT IS HUB. The question as to what constitutes a default - fault Is argued at length , and the showing is inado that the respondent Is not a defaulter In the meaning of the term. It Is set forth that during the eight years Moorcs held the olllco of district clerk there were required forty-seven apcarancu dockets of over 400 pages each , upon which were entered the 20,000 suits Instituted , and that these were a Hinall part of the records required. That the various Items of flues were when col lected receipted for on the appearance dock ets , nnd from tlmo to time during his term payments wcro nindo to the county' treasurer. "That It W..B his hona Ilde Intention at all tlmc during his term to pay all of the flues by him collected over to the proper olllcor entitled thereto , and that ho did pay all ex cept this sum of J1.81S.S3. " After his term of olllco had expired , ami after the account- nuts employed had ascertained the amount duo and made their report , ho paid the bal ance $1,818.83 to the county treasurer. ODD FKLLOW8 IN SUSSION. The grand encampment of the Independent Order of O.ld Fellows ot Nebraska Is In ses sion In this city , the llrst meeting being called to order by Grand Patriarch N. I. ] Iclm of Omaha this nurnlng at 11 o clock. About 100 delegates were present to witness the conferring of the encampment degree \lpon twenty-one candidates. This after- moon's session was given over to reports from the Judiciary , finance and legislative committees , and wound up with the election of olllccra for the ensuing year. Immediately fallowing the encampment will come the ne - Blon of the grand lodge , which will convene at Representative hall at 10 o'clock tomor row morning. About 400 delegates are ex pected , the representation being based upon ono delegate tor each subordinate lodge , with ono additional' for each 100 members. This evening the annual assembly of the Daughters of Ilebekah will convene In the ecnato chamber , which has been converted the lodges of Lin Into a bower of beauty by coln. The assembly degree will 'bo conferred upon a number of candidates , and the open ing routlno matter disposed of tonight. The regular business session will be held tomor row when otllcers will bo elected and general - oral legislative matters discussed. The day , -wlll close with a musical and literary pro gram hi the evening. At the session of the Odd Fellows grand encampment this afternoon , the following otlkHW were elected ; A. DeAllemond. (3. P. . Arapshi-e. L. B. Karns , 0. S. W. . Platls- inciith ; I P. 0-igo. 0. S. . Fremcrit ; S. M. McClay. 0. T. Lincoln ; James Tyler. 0. H. 1' , , Lincoln ; J. P. Hedrlck , Jr. . J.V. . . Te cumseh ; J. S. HoagUcid. grand representa tive. North Platte ; M. I ) . Cameron. (5. ( 0. S. . Schuyler ; 0. J. Heed , marshal. There were eighty member * prevent at the opening ses sion. Many otlurt ) came In on the evening trains and more are expected tomorrow. The Daughters of Hebekah gave a recep tion at the state benne this evening. Omaha people at the hotels : At the Lin- doll -O , P. Judd , A.V. . Kinsman. H. B. aiurman , H O. Drome , CharUs A. Patter- eon. C. N. Dlctz. Ralph Blttcnger. C. W. lllnzlc. O. L. Handler. Frank L. Gregory , lira. Brnrst Stuht. Miss Mabel Stunt. At the Lincoln- . K B. Kennedy. J. P. Fallen , John A. Krug , J. 1) . Hiss , I.onil On * Turin lloonm ( inli-iiii. TKCUMSBH. Neb. , Oct. 19. ( Special. ) Mr. W. S. Watklns , formerly of TecuniBch tut now a resident of Galena , Kan. , In writIng - Ing to a friend hero has the following to say regarding the effect the change In admin istration bus had cci ( ho lead ore market at Ualena : "Thli city U strictly on the boom. There w thrve uew brick Week * golog up , besides those already bulll this summer. Lrad ha gone up Just $15 n thousand slneo McKlnley got In , L * t summer It was $15 A thousand and now It Is $30. Sec the dif ference ? Ono man sold A tralnlo.id ot this load to a Kansas City firm last week. Ho got J20.000 for It. The whole load was taken out of ono shaft ami cost him less than $5,000. " IMIt.MKUS WII.Ii SOW .MOHIJV1IHAT. . Three DnjV Haiti Clvi-n The in Hit ; KII- oiiiiriiKciniMil They \ctMlril. FARNAM , Neb. , Oct. 19. ( Special. ) This section of the country has for two or more days been subjected to heavy rains , some of them of several hours' duration. Corn gath ering hag commenced In a smalt way , but preparations are being made to enter upon the business In a general way this week. Only about one-half the wheat Is thrashed , farmers having been busy sowing fall wheat , the area of which Is nearly double that of last year , It being generally thought that wheat will be the prosperity crop for the coming year. About $60,000 nan been dis bursed for wheat at this place- this fall. OSCEOLA , Neb. , Oct. 19. ( Special. ) Since lost Friday night more than four Inches of water has fallen here. COLUMBUS , Neb. , Oct. 19. ( Special. ) The rain gauge at the government station hero registered 2.20 Inches of rainfall from Saturday evening to Monday morning. The rain fell very quietly , hut continuously during nearly all that time , and consequently It nearly all soaked Into the g ound , and will prove of untold benefit to the fall seeding. This makes a total of 3.25 inches for this month to date , which Is twice as muh as fell during all of Snitember. With this last bit of encouragement many will Increase their acreage of wheat and rye. HARVARD , Neb. . Oct. 19. ( Speclal.- ) Raln began falling about 10 o'clock last Fri day night , since which time the government gauge has registered 2 % Inches of yreclplta- Hon. This will be a great help to fall feed , and winter whuil will go Into the white months In fine condition , HOLDREGE , Neb. , Oct. 19. ( Speclal.- ) There was an almost continuous train here from Friday night to Monday night , which has greatly benefited fall grain. CRAB ORCHARD. Neb. , Oct. 19. ( Spe- . evening rain clal.--ConimonclnK ) Satunlay fell until Sunday evening and then again Monday morning. Jt is Just what the fall wheat needed. Everything had 'been ' suffer ing for rain. Many farmers have been husk ing corn. The sun Is shining brightly today WYMOHE. Nob. , Oft. 19. ( Special. ) Sun day nnd Monday were rainy days. The mer cury ranged about 28 degrees lower and con siderable water has fallen. The gruml Is well soaked and In good condition for grow Inn crops. CRAIG. Nob. . Oct. 19. ( Special. ) The long dry spell here was 'broken ' by a con tinuous rainfall for twenty-four hours , two Inches of water having fallen. Rain places corn In a much better shape for husking and farmers feel Jubilant over the prospects 'Corn already cribbed averages fifty bushels per acre. IMPERIAL , Neb. , Oct. 19. ( Special. ) Chasn county has been enjoying a splendid rain for the last three * days and the ground Is thoroughly saturated at this time. Its coming WES most timely , at' quite a large acreage of fall wbent had been sown which needed some moisture. ciTritcTi ANXIVRIISAHY. ( 'oiiKri-irntloimllNts Sit DIMVII to n llniuiiift The Tiinst IInt. KEARNEY , Neb. , Oct. 19. ( Special. ) The cleslng exercises connected with the twenty-fifth anniversary of the First Con gregational chursli of Kearney were held IP the city hall this evening. The program opened with the singing of "Blest Be tin Tie that Binds , " and was followed by a ban quet prepared and served by the- women o' the church. Over 153 plates were laid , and the menu was both elaborate and elegant. After the banquet the following tcas's weic responded to : "The Good Old Times , " Dr E. Hodman ; "The Good New Times , " E. E Squires ; "We're Out of Debt ; May We Keep Out , " J. C. Evans ; "The First Congrega tional Church ot Kearney , " Hev. John A k'n , D. D. ; "The Permanent Pastorate An Id al , ' Hov. H. W. Trueblood , pastor United Breth ren church and the oldest , resident pastor In the city ; "Business Methods In Church Man agement , " WallaceBierce ; "The Ideal Church , " Hev. F. L. Haydcn. pastor First Presbyterian church ; "The Social Spirit In the Church , " Hon. J. N. Dryden ; "Tlu > Lawyer and the Preacher , " Hon. E. Frank Brown ; "All Aboard , " B. N. Loverln. con ductor on B. & M. ; "The Future of the Church , May It Outshine the Past , " C. H. Gregg. At the close of the toasts the doxology - elegy was sung and the remaining time was spent In pleasant social Intercourse. The church Is In a flourishing condition and there is every prospect that the future of the church will outshine the past In many respects. OKATOHS WHO 1I.VVIXO AUDIENCE. | ' 'IIHOII Spt'iiUrPN Trrnleil ( o a Krimt III .MrrrlL'lt County. CENTRAL CITY , Neb. , Oct. 19.-Speclal. ( ) PopulLit meetings are not a EUCCEPS In this county this fall. On the 12th Inst. W. L. Greene addressed a small audience at the court house. A year ago It would have taken the opera house and standing room would have been at a premium. A year ago Charles Wooster was greeted with crowded houses. Saturday night ho wcs billed to addres-s the cltlzeno of Pralrlc Island township , but did not deliver the speech for lack of an audience. In this township a year ago the republican candi date for the legislature got Just one vote. When Mr. Wocster and the fusion candi dates fcr the county offices arrived at the fchool house they found It warm and nice , and the lights burning brightly , but there was not a person in sight , not even a small boy. After waiting a reasonable time and no ono appearing the Intended speakers de cided to take up a collection and $1.25 was placed In an envelope and left on the teach er's desk , with Instructions to turn U over to the Sunday c-chool. They then returned to Contra ! City , arriving hero about 9 o'clock. MA.VY SHKICI1 AUK IIKI.VC FED. Kltflily TlioilHiinil a l.oiv KsUmiili- tinNninlK'p la DoilK'i * County. FREMONT , Oct. 19. ( Special. ) The sheep feeders of this county are bringing In their herds to bo fattened on Dodge county hay and grain. U Is impossible at the present time to give the exact number of sho-p that will bo fed In this vicinity this season , but 80,000 head Is a low estimate. Some feeders have considerable com on hand hold over ( from last year , but a majority of them will have to buy their corn , thus furnishing a good market for the farmers. Feeders hnvo generally paid from 1 to 2 cents a bushel more for corn 'han the elevators. Among those who will feed this winter are Turner Brothers , Turner & Hocbner. W. H. Brown , L. M. Ornisby anil Casslus Reynolds. This city Is also becoming quite an Im portant point for feeding western cattle and sheep on their way to the markets , the yards mar the packing house being utilized for that purpose. During the busy season th's year train loads of stock have been unloaded and fed there nearly every day. LAST MIllU'TI'f ' TO A. S. I'ADDOCIC. ritUfiiH of MnilrliMAllfinl .Memorial ServleeN. BEATRICE , Neb. . Oct. 19. ( Special Tele gram. ) A largo proportl n of the people of Beatrice did honor today to the memory of the lain Senator Paddock. The remains lay In stat In the hotel parlors from 2 until -1 o'clock , at which hour services were held. 11 n ml red 3 took advantage of the opportunity thus offered to take a last look at the de parted , and many a llower was silently laid upon the casket. The servlu'a were con ducted by Rev. Mr. Mulligan , rector of Christ church. Judge Lambcrtson of Lincoln anil Hon. Samuel Rlneker of Beatrice were present and each made eloquent references to the life and character of the deceased. Many of the stores wcro closed during this hour. The funeral party will leave al S-30 In the morning over the Burlington for Omaha. Ili'cx'lvi'N a Call to Miiriinettf. COLUVBU3. Neb. , Oct. 19.-Speclol.- ( ) Henry Zlnnecker , a ycung man who was brought up In this city and who has been attending a Methodist college at Mount Pleasant , la. , for seven ! years , has been tendered a pastorate at Marquette , Neb. , and left Satunlay to cuter upon but new dutlcg , PROMISES THEM A MILLION Dr. Potter fays that Amount is Duo the Omahis from the Government. WILL SECURE IT FOR A COMMISSION ItullaiiM lltivi- Nil KmnvlrtlKo of the- Clulni , liul II I" Snlil I" Hv Unveil mi Treatof llpllWIICi DKCATUll , Neb. , Oct. 19. ( SpSClal.J The Omaha Indian Council of Twelve met yes terday at the homo of John Springer , one of the Influential members , to consider the proposition of Ur. I'otter from the borders of Oklahoma , who claims that $1,000,000 Is duo the Omahas by the government and that he will get It for them for 10 per cent of the total amount. I'otter docs not appear pers-nally , but has sent an agent , J. D. Atkins , to Arrange articles of agreement. An eminent attorney of St. Louis Is the one who will push the matter through. They ask the Omahas to put up $2,500 as expenses for carrying the claim to a successful end. The tribe Is unaware of any such sum being duo-1110111 from the government , but If It Is a legitimate debt nnd can be col lected they shall certainly accept the propcsl- tlon. Fontenclle , the held councilman. In ques tioning Atkins as to the claim of the Omahas on this money , said It was through the stipulations of the first treaty , the gov ernment agreeing to pay the tribe $1.000,030 In yearly payments of $10.009 until paid , but that the government has never fulfilled Its part of the contract. This treaty was undo In ISfit at Hclleviio , Omaha at that time being nothing more than a trading post. Presi dent Huchanan was then chief executive. Assistant Peeietary Chambers of the Intfl r department sent out Commissioner Money- penny to negotiate with the Omahas for the purchase of the land owned by thu Omahas s'Uith of the city of Omaha to very near the state line of Kansas. Agent Oatewood as sisted the commissioner In this trfaty , and Peter Sarpy and Steven Decatur were asked IT sign the document as witnesses for the government. The government was to pay the Omahas $1,000.000 for this tract of land , $10,000 for the first ten years $20.000 for the next ten and so on until the debt had been canceled. Councilman Fontenollo , In speaking about the matter , says ns far as he knows the agreement of payment by the government has been carried out to the let'ter , but he adds that there Is a legitimate cltlm of $ SS.OOO due the Omahas for unpaid land. Tills claim he arserts the t-lbc will 1-ok after personally , and a representative will be sent to Washington In the near future to lay be fore the Interior department tholr legal right for collection. He Is Inclined to believe'as well ns the council , that the story of Potter Is a hcax , and that perhaps the real motive Is to squeeze a little money out of the Omahas. A long time ngo , some of the old men of the t-lbe say their fathers told them , the Omihn ? sold a lot of the best land in central Iowa to the government. They were raid In scalp knives flint-lock guns , powder , slnt , beads , blankets , calicoes , trars , etc. They estimate that th ? govern ment got th's ' land for about 1 cent an aero , and not only that , the debt has not been paid In full as yet. vi.i , AIIH ( loon sinx AMI tlnlitiftnn County llrtiiilillrim Tlckrt IN n Sure \Vlnnir. TECUMSEH , Neb. , Oct. 19. ( Special. ) The republican ticket In Johnson county Is admitted to be of uniiKiial strength by both republicans and the opposition alike. That 't will prove a winner from beginning to end In the forthcoming contest there Is but little doubt. There Is not a weak man on the ticket and all are clean , able , conscientious nnd worthy. O. A. Bailey of Crab Orchard , the candi date for clerk. Is a man qualified In every respect for the ofllce. Ho Is well known throughout the county , having lived hero the greater part of his life. His popularity at homo Is a recommendation that Is going to have weight with the voters. H. N. Llbby. the candidate for treasurer. Is nn old settler of the county and a resident of Elk Creek , No man Is held In higher es teem by his neighbors and acquaintances i ban he. llo Is a capable and careful bus iness man. H.V. . Ilrandon , the candidate for judge. Is a citizen of Tccumseh , but his acquaintance Is general over the county. Mr. Ilrandon is just closing a term as jmlgo and the excel lent record he him made In Inndllng the bus iness of that office assures him another term. The almost unanimous verdict of the people. Irrespective of party affiliation. Is that ho is ho right man In the right place. Chnrlra B. Strong of Sterling Is the repub lican aspirant to the otllce of sheriff. He Is nn Industrious , hard working man and enjoys the confidence and esteem of h'.s ' fellowtnen. Ho Is a man of ability and able to make a irood executive olllcer for the county. Prof II. F Adklns of Cook Is In the field on the republican ticket for the counly superlntcndcncy. Mr. Adklns has been for years one of the foremost and most con- iplcuotis educational worker * of the county. Me is a teacher of long experience and pos sesses the many desirable qualifications so ootcnt to the onic. Ho Is just the man the people of the county want at the head of their educational Institutions , and will be given a handsome majority , without doubt. W. U Dunlcn of this city asks to be again elfljted to the office of surveyor and the 10- ( inest will undoubtedly be granted. Mr. Dun- lap has served the county In the capacity of surveyor far Just thirty-four years. n.- . Charles Klegler of C ab Orchard , a young man of ability and push. In the candi date for coroner on the republican ticket. He lias served the county as coroner the last two years , and his re-election stems Imminent. L. M. Davis of Tecumseh Is the republican candidate for commissioner of the Second district. Mr. Davis Is now and has been for yoa-s one of thU city's leading business mon. Ho Is possessed of excellent business abil ity , and Is a man of goad judgment. Tiie selection of Mr. Davis for the candidate for commissioner was a wlso one , and when seated In the rnmmissloner's chair , he will prove his worth. me : IMIICH KOII nvii'v couvrv i\xn. Korty-Ttvo Tlioiiniiinl Dolllll'H IN 1'nlil fur Our l.iu'uiKami. . LYONS , Neb , , Oct. 19. ( Special , ) The real estate firm of HunUberger & Clemcntrt of this city has Just closed one of the larg est real estate deals In the hlstoty of Burs county , whereby Joel S. Yeaton disposes of lib farm , three miles south of this place , composed of 840 acres of land , to David Heed f Omaha for the consideration of $42.000 , or JDO per acre. Mr. Yeaton bought the most of this land twenty-seven years ago for J2.60 to $5 per acre , and he and his family have resided here up to this time. Mr. Heed hatf como In possession of one of the best all round farms In the state of Nebraska. \VAIIIIA\T KOII A I.I.NCOI.V KIHTOK. Ili-v. I1 , II , MliifN lit ( Jcnovii SIM-UN to ll.-ivr Him ArrfNfril for I.Hid. UNCOUN , Oct. li ) . ( Special Telegram. ) f ) . 11. OgB. sheriff of Klllmoro county , Is In tl.c c'.ly this evening , with a warrant for the arro-1 of L. L. H. Austin , publisher of the Evening Call. The warrsnt Is on a com plaint sworn out by Hev. J . JI. Hlnes of Geneva , who is a candidate for county superintendent on the fusion ticket. It chaiges Austin with criminal libel for pub lishing In the Friday Evening Call a rej.ort that Hlnes bad become 'intoxicated and acted in a very Immoral manner during a recent vlklt to this city. Austin In In Chicago and Is not expected back until Saturday. Itiikli of llimlnoKH ( iii ( In * I'nloii ' I'arlfte. COUJMBUS , Neb. , Oct. 19 , ( Special. ) The books of the Union Pacific at this sta tion show a larger volume of business than at any time during the last flvo years. Sev eral tlmea recently the train register on the system of branches out of this city has beta Insufficient to record the number of trains for a day's butlnesa. Commencing with Monday last a now train was put ou between here and Grand Isfa.id taking the place of No . 23 anJ 24 , wh > h ere pulled off in 1892. The men hero nrrf inaklng all the time they tare for and Vhij extra men lire getting nearly full time. COMIHMCSATIO.V AT YOIIIC. Hiinilrcil DHi-unlon In .U to ml iiner at tlio Mutt1 Con voiHIon. YOIIK. Neb. Oct. 19.Spcclal. . ) The forty-first annual meeting of iho General As sociation of Congregational Churches In Ne braska opened last night at the Congrega tional church of this city. About 100 dele gates and ministers wcro present. The meet ing was an Interesting one and Augurs well for the oucccss of the gathcHng. Hev. S. I. llnnford of Aurora gave the opening eermon , his words dealing principally with the need of moro orthodox preaching on the part of the ministry. There Is too much of a tendency , he thinks , to preach sermons upon the line of lectures rather than strictly scriptural expositions. J.V. . l.arkln and J. K. ll.icon assisted In the services of the even ing. ing.The session this morning opened with a prayer by W. S. Hampton. A business ses sion was held at which John Uoano of Lin coln was made moderator and L. A. Turner assistant clerk. Professor Taylor of Weep ing Water is the clerk , ho holding office for a period of three years. The various com mittees were appointed and will report to- moirow morning. An Important matter that will be attended to by a special committee la tbit ot forming an organization to be known as the Nebraska Foreign Missionary asso ciation , at present there Is no such state society and the movement will probably re sult In a permanent organization. The com mittee appointed to report upon the matter cotMlBts of A. A. Srcrcinan , E. A. Illcker , nnd C. G. Murphy. A devotlotul service by .Mrs. E. 11. Perkins was held at the conclus ion oi the business mccUng. L. P. Hose of HauliiRs assisted by the deacons , admlnls- teied the nacrament. The address by the re tiring moderator , Hev. E. A. Illcker of Chad- ron , was upon educational lines. His topic waa "Tho King's Mines" .ind . ho dwelt upon the home aa the mine of the Lard and Its In mates , thu ore to be reduced by a process ot icliglous Lvlucatlon Into well-rounded I iHstlaM. Ho touched upon secular educa tion nnd characterized It OB tending to ma terialism in the strictest sense. Ho recog nizes the. necessity of such Institutions , how ever , hut believes that the religious and de nominational schools stand as n natural and proper connecting link between the common school and the university. The gap between them offers the church Its only opportunity to insert Christian academy and college training which does the work of both the church and the state without doing Injury to either. This afternoon there was a somewhat spir ited discussion en the relations of associa tions an ! councils of the churc.i. The dla- citfwlon WPS opened by M. W. Moore and H. .A. French. "Men's Clubs and Sunday Evening Services" was the subject for another discussion In the afternoon. oti ! > imi : > TO ADMIT vorxcj MA.IOIIS. MiiiiiliiniiiN CastIN Di'HtJciI AKiilnsI the Peru \orinnl School. AUBURN , Neb. , Oct. 10. ( Special. ) The mandamus ease brought by Thrmas J. Majors against the Hoard ot Education and the faculty ot the Peru Normal schpol to compel them to admit Thomas A. Majors Into the Echoal was taken up by Judge.Stull yester day morning , and was finished , thU morning un.l a peremptory writ allowed , II. E. I ) . Kennedy , Superintendent . It. Jackson , Judge J. S. West , J. 'E. MMastcr , J. F. Spenser nnd D. D. Martindale of the board , and Prof. J. A. Heattle , Prof. W. A. Clark , Prof. H. B. Dunpaiisan , Prof. II. lirownell and Prof. J. F. Hpsic of the faculty were In iittondarce. The respondents did not attempt to show that the boy was not n 11 person to .attend the normal , nor did they ( jive a reason why they expelled him , other than that It was for the good ot the school , but relied upon the point that mandamus was not the jiroppr remeJy , and that they had a right to sum marily dismiss a student without a hearing or giving a reason why. The.case will be op , pealed to the. supreme court as soon as the transcript can be prepared. LINCOLN , Oct. 19. ( Special. ) J. S. West of Duiuly county , one of the members of the Normal School board , was at the olllce of the state superintendent this afternoon , being on his way home fror.i Peru , where he had been attending the trial ot the mandamus case brought to prevent Thomas A. Majors from attending the school. In the confe : ence over the matter today the state superin tendent and Mr. West agreed that they had commenced the case In the wrong manner , In that they'had made no specific charge against the young man except that It would be against the best Interests ot the school to allow him to attend. They said they wished to shut him out , and at the sime time to ba as easy as possible with him so far as the record was concerned. ThB court had de cided against them , and while it Is the Inten tion of the hoard to appeal to the supreme court , neither Mr. West or Mr. Jackson were very sanguine of success If the case Is to be taken up on the charges preferred In the district court. HOI.II A TWO DAYS' COX VKNTIOX. Snrpy Clirlxllan KiiilviivorrrK Mrri lit Hellenic. BELLEVUE. Neb. . Oct. 10 , ( Special. ) The fourth annual convention of the Sarpy County Christian Enueavor union wau held here at the Presbyterian church Saturday and Sunday. Owing to the rainy weather the attendance was small. The exercises opened Saturday afternoon with an address of welcome by J. T. L. CoateE. after which a business meeting was held. The evening's song service was followed by an address on "Tho Voice of God In Evangelization" by Mr. Arnold ot the Omaha Theological sem inary. The punrisc meeting Sunday morning was well attended. Other addresses for the day were made by Hev. C. K. Hoyt , who preached the morning sermon ; Hov.V. . W. Harsha , I ) . I ) . , md Dr. D. H. Kerr , who spoke on "The Worth of the Soul. " The convention closed with an address on "Ono of the Young Men of the New Testament , " by Hev , Stephen Phclps , D. I ) . , of Omaha. IUJSIXKSS MUXvn.i , oiuiA.vr/.ic. Axsni'liilloil ti llf Fiirinril to I'riiiuiilc Mil' lnrr 'M ( of ( iriinil iMliinil. GHANI ) ISLAND , Neb. , Oct. 11) ) . ( Special. ) Sixty of the business men and taxpayers of this city met .last evening and proceeded to the organization of a permanent business men's association. There was an enthu siastic Interest In the movement. It was hold that the progress the city' had madu In the last year was all made without any organ ized effort , and that much more might have bicn done It such an organisation as the cue proposed had been In existence. Dr. H. C. Miller was appointed chairman of the meetIng - Ing , A. F. Uuechlcr secretary. , A commktco consisting of Fred Hcddu , , W , II. Harrison , James deary. W. H. MjAlllster. A. W. Uuchlielt. I. H. Alter and'J. > V. Pence was a , pointed to present pauu ! at a nicotine next Tuesday evening for pe njinent organization. There seem to he good pijo'succtE for a starch anl glucose factory for Gj id Inland. Opi'ii ( ( unrliTM ill1 ( TiiliiiuhiiN. COLUMBUS. Nnb , , Ot.'l9. ( Special. ) The Volunteers of America 'wider Lieutenant Lukens and wife have rlir'ned to this city and engaged quarters for'tho winter. They have many frlcr.'Js here , jyh ; > "have signified their willingness to ass'ftt them In many wajs. They hold nightly mcdtlngs. rain or shine , and the attendance recently has been very gratifying. .SIlMVIirt SlHTITl lllllllMV , M'COOK , Neb. , Oct. 19. ( Special Tele- gram. ) H. Q. Stewart of Campbell , Neb. . deputy Internal revenue collector for the Fifth district , was In the city today receiv ing the hooks , papers , etc. . of the olllce rrom the retiring deputy. E. C. Ballew. He found everything In good shape. Union I'd H i | | . llloHTi fliy aVrt > i < k. KIM HALL , Neb. , Oct. 1'J. ( Special Tele gram. ) Union Pacific freight train No. 20 was partially wrecked at Adams , ulx miles west of here , thU evening. Flvo earn of cattle were ditched and the main line will bo blocked most of the night. IIiiiniiionil'H A ) i 11 o I n I in i > lit Kxprutvil. FREMONT , Neb. , Oct. 19. ( Special. ) The appointment of Ross Hammond as postmaster here , as announced In The I3eo this morning , was generally expected , especially by the politicians , AS It had been evident that Sena tor Thurnton was strongly In favor of his re ceiving the place. Mr. Hammond will take possession of the office as soon AS possible. Ho expects to retain his connection with the Tribune and conduct thn editorial page. No change will probably be made In the office except that ot Assistant postmaster. OTTO SI UT7. M A Itlfs A .ST.VT MM HVT. WrHrn Another l.cttrr ( n Prof , John A. ClllcMilt' . NEBRASKA CITY , Oct. 19. ( Special. ) Otto Mutz. chairman of the Investigating committee , has given out the following1 copy of his letter to Prof. Olllcvplo ot Omnha : LINCOLN , Neb. , Oct. IS. 1'rof. J. A. Oil- lesple : My Dcnr Sir Replying to your let ter of October 12 , which 1 saw In print some , tltno prior to receiving your copy by mull , permit me to say 1 shnll enter Into no pub lic controversy with you In this mutter. I should not reply to you In print wrre It not for the fact that your open letter to mo i * misleading to the public. * lr. Silver nnd myseir have completed our work unit hnvu kept every promise to you In nn honorable wny. You know that the statement made liy you that you have been kept In darkness as to the tlndlngs of this committee ls > un true. Mr. Silver mates to mo that he not only showed you through the report , but told you that he had been Instructed by mete to stny with you a week , If necessary , to fully acquaint you with all the material facts * . This was done before he left Omaha and before any member of the committee except myself knew anything of what the report would contain. t'pon your stntemont to me In Lincoln that Mr. Silver had failed to do this , I did say you should be furnished the Mali ment , and Inter wrote you to the same effect from Norfolk. I wrote Mr. Silver requesting him to make and forward to you a statement , If he had not already shown you through the rr iort. Having carried out my In structions In this matter , he Immediately prepared his complete report and Hied It with the governor. Thin report bun been public property since that date. All the lending dallies mentioned this fact at the time nnd intide liberal quotations therefrom. The report will give you all the facts you desire and I hope , will cud your mls < - represoiitailon against me. You oliarRo In your letter that 1 have em ployed methods of political persecution against you. 1 have never had It In my heart to persecute you unless doing most fully my otllelal duty Is a persecution. I am reminded that this may seem 10 lie true , lmt the charges made liy this commit tee that you have so muoh desired , are not the only jfruve charges made against you. The papers some days ago stnto'l fint upon demand of 1'rof. Ha wen , the present super intendent of the Deaf and Dumb Institute , you returned several Items ot state prop erty taUcn by you from the Institution. Some days Inter another demand was made by the FiiperlntendL'iit , speclllcally naming many other articles and the vouchers liy which the money was drawn from the state to pay for them. Tliese are jmu'e charges , and fqr your cn sake I hope you will clear thorn up before you ngnln call In Question tllo Integrity of this committee In Its doal- Incs w-h | you. Thi committee , professor , has no feellim of unklndness toward you. It has offered you , us It has done every Interested party with whom It has had dealing , oven more than business courtesy. To me personally this kindly spirt of fairness will always lie a source ot gratltleatlon. Very respectfully yours , OTTO ML'TX , Chairman. AIIIIMSTMI ) KOII A TIIHKAT TO SHOOT. ICd J. llnyiiionct Klli'N Complaint AprnliiMl i\-l'iiMiiinHt 'lipt'vop. | DAKOTA CITY. Neb. , Oct. 19. ( Special. ) Frederick Schrlever , ex-postmaster at this place , was arrested on a complaint pworn out by Ed J. Raymond , a druggist of this place , charging him with threatening to shoot and kill the complainant. Several days ago Schrlever accosted Raymond mend and drew a gun on him , and last Saturday evening , after Shrlever had re turned from the scene of his wife's suicide , he again entered Raymond's place ot busi ness and , Raymond being absent , delivered himself of a volley of oaths and threats. Schrlever wat-i arrested by Sheriff Borowsky and taken before Justice Joyce , who fixed his bonds at $1,000to appear tojay. Bonds were furnished. Schrlever claims that Raymond mend has Interfered In his family affairs , but there seems to be no grounds for the accL'oitlon. Raymond was formerly asso ciated with Schrlever In business , both as a clerk and afterward occupying the same store room with him , but about two months ago ho sought other quarters. The funeral of Mrs. Schrlever. who cut her throat on Saturday , was held today from the homo of her sister , Mrs. Charles Voss , below Hornier , Rev. II. J. Ilopemcn , Luth eran preacher , conducting the services. COM IIS SI.AXDI7l"CASH IS hKTTLKD. Only Two Crliiilnnl CIINON fop Trlnl at Dakota City. DAKOTA CITY , Neb. , Oct. 19. ( Special. ) District court convened here this morning , with JudgeR. . E. Evans on the bench. It was Intended to have Judge Keysor of Omaha preside over this week's term of court and hear the Ashford-Combs slander case but a stipulation filed In court on Saturday shows this case , which has for a couple of years caused much bitter feeling and hard feelings , settled and dismissed , G. A. Combs has lately been appointed trader at the Wlnnebugo agency , to succeed John Ashford , and tills may have had something to do towaul a settlement of thu Khinder case. There ure hut two criminal cases to be tried at this term of court. The first will be that of John Hanna , a squaw man , who has been confined In jail all summer charged with stealing harness. On July 4 he broke Jail , but was recaptured the same night at his home at the Wlnnebngo agency. After the disposal of this case the one against D. W. WllBey for disposing of mortgigud prop erty and obtaining money under false pre tences will be heard. Wllsey skipped out from this county last spring , and after a three weeks' chase , was captured by Sheriff Borowsky In New Mexico. Ho bos been out on bonds. Ilpyaii Spi'iiK-N Twice aiorlli I'lntti * . NORTH PLATTE , Neb. , Oct. 19. ( Special Telegram. ) W. J. .Bryan arrived here at 5:30 : this evening and was met at the depot. by the band and a Joint committee ) of demo crats and populists. He made a twenty- minute talk fr-m the depot platform to a crowd of probably 1,000. After supper he addressed a similar sbed audience composed of men , women and children at the opera house. Ho spoke on Iho silver question and state Issues and advised populists nnd demo crats to vote solidly for Jmlgo Sullivan. The attendance of people from the country was comparatively small , not exceeding 2M. Mr. Bryan's visit to North Platte cannot bo con sidered much of a success , cither In ixiliu of drawing a ctowd or making votes for the fuslonUta. IllflM'tlllllN DlNI'IINI' III ColllllllnlH. COLUMHUS , Neb. , Oct. 19. ( Special. ) The residence of C. F. Curtis was quaran tined this morning , a case of srarlet fever being reported there. The attending physi cian siys It Is a very mild typo and no serious results are apprehended. A fi.-ycar- old BOH of Mr. and Mrs. August inland died Sunday evening and was burled yesterday. Cause diphtheria. There are now rtvcn casoi of diphtheria nnd four of scarlet fever In the c'ty , all under quarantine. The school board will hold a meeting at the clrso of this week and dlrcuss the situation. ( 'aiiillilati'H Slim- ! ( iiKliorn. : I3LKIIOHN , Neb. , Oct. 19. ( Special Tel egram. ) The first political meeting of the present campaign was held heio tonight un der the auspices of the republican county nominees. About DOO auditors listened to short addreeaes by Judge Baxter. I ) . M. Havcrley , E. J. BodwelJ. Sheriff McDonald and others. The principal address of the evening was made by J. H. VanDuscn ' .f South Omaha. The candidates were well pleased with the reception accorded them by the people of Elkhorn and Chicago precinct. I'liluu I'll el lieKrrlulitH Collide. CENTRAL CITY , Neb. . Oct. 10. ( Special. ) There was a head-end collision here on the Union Pacific at an early hour this morning by which an engine and three cam were wrecked. Nobody was Injured , nti the train men saw the danger In 1 1 mo and fave.il them- feclvcu by jumping. Both [ ruins wcro freights , the wfbtbovnd having the right of way. HullSiM'inlH a MKlit In n Curnllelil. ARCHER , Neb. , Oct. 19. ( Special. ) The 2-year-old woo of Ki Sullivan , who lives two miles from here , wandered away from home yesterday afternoco , and was not found un til about 8 o'clock this morning. He was discovered about forty rock from the bouse BOSTON DENVER CINCINNATI NEWYORKtt NicolPs 50 stores in nearly every principal city of America require a tremendous stock an almost endless variety. Cloth manufacturers of this and foreign countries offer us flattering inducements to get our patronage. We in turn of fer them to you. Any wonder tint we 3:111 : make garments at tempting prices ? By paying close attention to the small details of tailoring you can feel confident that Nicoll's garments are always up to the top notch of style. AH our garments made in Omaha by Omaha tailors. Don't look "shabby" when you can dress well at ! t nomi nal cost. s $ s s s s $ s s $ Trousers 4,5,6,7,8,9. Soils 15,20,25,30 , , , , , , . , , , , 209 and 211 So 15th St. Karbach Block In a corn field almost frozen to death. The youngster had on n light calico dress and a very light skirt and only one shoe. It Is doubtful If the little fellow will recover. Xi'liriiNUn X ' -M Xnti'H. Clay Center people are discussing the ad visability of building a creamery. A. W. Slagle. living south of Plattsmouth , shot two eagles ono day last week. 0. G. Collier of Kalrbury lost three fingers In a planer while at work last week. J. M. Barto expects to winter 10.000 head of Montana ehcep In Sheridan county. Over 1.000 ducks have been hot on the reservation near Crawford within the laat two weeks. The first snow of th" Reason fell at Craw ford last week. H was line and not much of It , but It was snow. Just the same. W. R. Pcnoycr of Boomer hu received fifteen car loads. conHlstlng of about 4.200 head of sheep , which ho will feed tills winter. Paul Spcal , whllo out hunting , pounded a cartridge Into his gun with a bolt and the rctiiilt was an explosion. His face and eyes were badly burned. The Farmers' State bank of Mlllignn will open Its doors for business Monday morning. November 1 , with A. V. Kouba as presldem and C. J. Cerveny cashier. District court convened Tuesday In Bur- well. There were but nineteen cases on the docket and It didn't take long to do up the business , the session lasting but a few hours. H. L. Harries , James Davlo and \V. Arm strong of Wlsner have returned from "Wy oming with 4,000 sheep , which will bo fed by Barrett & Harries this winter. Their suc cess last winter encouraged them to more than double the number for feeding , and although the price paid was much higher , they are confident that they will again reallzo a neat profit. TO CURE A COLD IN ONE DAY Tuko Laxative Bronio Quinine Tablets. All druggists refund the money If It falls to cure. 25e. . \O CON.VHCTIO.V WITH CKll AMHNK. KM N I inn 11 Tnki'K IKNIH- with I Inllrml - Htri'l't ICl'llflPtH. OMAHA , Oct. 19. To the Editor of The Bee : I noticed In last evening's Bee that from statements made the Inference is tha * our firm Is in collusion with Dion Geraldlno In obtilnlng contracts for stair work for the exposition here. The statement Is made that Dion Geraldlne owes a largo amount of money to Smith & Eastman on some suh- contiact he had with them on the drainage canal and that the same Smith & Eastman have secured all the principal contracts tor staff let by Mr Geraldlne for the exposition. I will say that I had no Interest In section II of the drainage canal only for a few days and no labor was put nn It during that time Mr. Geraldlne never owed mo a cent In his life , and the only buslncts connection I ever had with him before coming hero was at the World's fair. Mr. Smith being busy on his farm lu Mis souri han left the bidding on the work hero wholly to mo. Our bid on the Manufactures building was about two-thirds the amount of the next lowest bidder ; the same Is true on the Machinery building and wo were about 25 per cent lower than the next relia ble bidder on the Agricultural building. H seems to mo that If Mr. Geraldlne was manipulating the figurca so as to throw the work Into our hands our bids would have been much larger. As a matter of fact I alone am responsible for the amounts of our bids and will say further that I know of no staff work ever done at the prices we are taking it at , and If other bidders have quit bidding It Is bec.uiKo they cannot meet our uniformly low prlcen. If the owner of The Bee can find parties willing to take the staff work at our prices or less It Is his duty , ns a friend and promoter meter of the exposition , to bring them for ward. JOSEPH EASTMAN. NOTE BY THE EDITOR : The extract printed by The Boo wan from n report from BratlHtrcot's commercial agency and stated that Smith , of the firm of Smith ft Eastman , claimed thnt Gcrolillne was greatly Indebted to him. The Boo has not said directly or liy Inference that the bliJn of Smith & Eastman on staff work are excessive , but has po'uted out that with Geraldlno Indebted and under other obligations to the senior member of the firm , there Is no assurance that the sue- ccfsful bidders wl'l be required to live up to the plans and specifications. Il'illiY XI < J\V.SI'AI'HKH. I'oiiiiliitloii A | > | K'iirN ( o llnvc I.IIMi- In Do ivltli Tliclr nlMlrlliutlon. There arc 20,000 newspaper ? In the United States , of which 2,250 , rr moro than 10 per cent , arc published dally. Tliese dally pm'ers , however , are not distributed uniformly tlrotighout the several states , says the Now York Sun , and thorn seems to ho no clear rule Tor the discrepancies to bo found In some slates. New York , for Instance , the largest of the states In respect to population , and the one , tea , having the largest number of newspapers , has only 183 dallies , whereas Pennsylvania , the i.xjpulatlou of which Is 1,230,000 Icsj than Now Vork'n. Ins 201. Mis souri , with a population of 2.GOO.OOO , has only olshty-gevcn dally paper * , while Indian * , with a population of 500.000 less , has 137 , yet the Hooslcr state , with Illinois on one side and Ohio on the othe- , has not usually been noted for Its public enlightenment. On the other hand. Mlnsourl IUH 709 weekly papers , wlioi'eas Indiana has 577. The population ( if Massachusetts by the last census taken the state census of 1895 was 2.500,000. The iiopu- latlou of California at the same time was 1,250,000. or just one-half. Massachusetts has long had a high rank In all matter * connected with education and public enlightenment. It Is the state of xeviral universities , It Is ( imminent In all educational matters and It Is onv of the very oldest of thu states of Iho country In point of settlement. Yet Massa chusetts has only eighty-eight dally papers , whereas California , with one-half the popula tion of the Bay state , has 113. These are Borne of the discrepancies which seem to re quire explanation. The distribution of dally papers throughout thu country la lu other respects singular. & Simplicity JVIoot f a Cardinal Dur.\blc point Trader S EJr eao ) > in * 4 cEsjr toF. earn Xmprovcmcnto Hnd Operate. Smith prtmicr Typewriter Co. , Oinalia Olllt'i1 , 17th anil Kin-mini Sin. DUFFY'8 PURE MALT WHISKET AII Drugglots. Mississippi , with a pcpulatl n of 1,250,000 and with large mercantile and -.j.rlcultural In. terests , has only nine dally papu s , whereas Arizona , with n papulatTii one-twelfth an large and much of It made up ot persons wholly illiterate or nearly s i , has ten dally papers. Delaware , Inrlndlng ( he thriving city of Wilmington , and with no foreign population numerous enough to bo c iiHidered , has th ramo number of dally nuwniapers as New Mexico , with a population 25.000 less , and a considerable portion of U Indians and half- breeds. The'e are only nineteen dally papers In the state of Tennessee , only fifteen InVc.it Virginia , and twenty-nine In Kentucky But In North Carolina , a state destitute or largo cities , there ure twenty-one Uuiiy jKipers and in Arkansas there are twenty-six. New Hampshire and Vermont arc neighboring states ; their population Is about the came between : I50.000 and 375.COO. Yet New Hamp shire has fifteen dally papsrs ami Vermont has four only. Connecticut has , relatively , moro dally papers that ha.j Massachusetts. Iowa has more than Texas and Idaho linn fewer than any other state or territory with the execution of Alaska , though this condition may no * , be permanent whan the belated re turns have been received fiom the Klondike , whc'o heretofore journalism has not flour ished. The United States lias more dally papers than any other country , but their distribution Is peculiar. lliiNliu'HN TronliliN iif a Hay * BOSTON , Get. 13.-WI a n Brothers , wholesale mid retail jeweloj-H of this city , have mule an av-lgnment. No Htatemcnt of the liabilities and a SAC IB bnve been given rut , but fno former ure nald to lie In the neighborhood of J7r.CO' . ' . John \V. Wilson.1 the senior partner , KIV * thu linn assigned on account of n dbaartcment between the partners. KOIIKCAST 01' ' TMJMV'S U'KATIIHH. Fair amiVnrmor In VcliriiHUn , ivltli South YVIniU. WASHINOTON , Oet. 19.-Korccnst for Wednesday : For Nebraska nnd Kansas Kalr and warmer ; nouth winds. For South Dakota Kalr nnd warmer ; hOlltll lAlllllS. Kor Iowa Fair and slightly warmer ; west wind n , shifting to south , For .Missouri 'Fair ; light , variable wlndH. For Wyoming Fair and warmer ; south winds. l.ot'iil Iti'c'oril. OFFICE OF TIIK WEATHER BUREAU. OMAHA , Noli. , Oct Ki.-lliroril of rainfall nnd tempeiattiro eomp.iroil with the corro- MpindliiK day ol the past three YOUTH : 1PJ7 1S ! > 0. U93. 183 < . .Maximum tempcriituto . . to G7 4S 78 .Minimum tomper.ituivU 40 20 5'1 Avenue temperature . . . . 51 51 33 U Itilnfull 10 . ( II .0) .00 lU'fonl uf temperature and precipitation at Omuha for this day ana Blnco Murca 1. 1SD7 : Nurnril for the day , , , , K nuioloncy for the ti'jy , i A"t iiinplnti'd exiewi nfe Mar h 1 SM Normal rainfall fur Hi.- day OS Inch UetlcJeney for tho. day OS lurh T iiul rainfa'l fln-n .Mi-r"h 1 17.77 Inches U.llfluioy Klnce Mmrli I ! ) .CB Inchen Exeoss ) for cor. perUil , JUKI X47 Inches U ji'c ncy far cor. pfr.ud , 1 ! i > . . . .11.1.1 inches Hi-liorlH from Slnlur ( til H 1 > . in. , 75th McrlUlun Time. T Indlcutm trace of precipitation , U X. WIILSH , Lrtcal 1'orecaet
