Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 27, 1897, Page 3, Image 3

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    U V 'I'IT5 - -
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BARRETT SCOTT'S ' LAST BOND
Attorney General Files His Brief in the
Supreme Court ,
SMYTH ARGUES THAT IT WAS GOOD
Bet * Up thnt < hc IrrCKnlnrltlrn on
Wlilrli the IH'foime Hmts Are
Nut Fnlnl to thi * Instru
ment an rile.
LINCOUN , Nov. 25. ( Sp ; tal.- ) The attor
ney general has filed a brief In the supreme
court In 'the Barrett Scolt bond case. U goes
ahead first to recite the history ot the case ,
chow Ing that at the general election of 1SOI
Darrett Scott was elected as his own sue-
ccsar is treasurer of Holt county , his new
term lo commence In January , 1S92. Ho ac
cepted the certificateof his election , took
the oath of offlre , had the oath endorsed on
lila bond and filed the bond on the 7th day ot
Janua-y , 1S92 , as provided by law. nut he
neglected to have the bond approved by the
.
count } board before filing It and the board I
did not approve It * until March 1 , 1S32. Scott
continued to act as treasurer and while so
acting became a defaulter. 1
The defendant sureties ou the bond say that
the neglect of Scott to have his bond ap I I
proved on or before the 7th day of January
madu the office of county trecsurer vacant
and took away from Scott the right to fill
the olflco conferred upon htm by his election.
They cdntend that his continuance In office
was b } sufferance , that he did not bold
through the tenure for which they agreed to
bo rioponslble and hence they arc not re
sponsible.
The attorney general In his argument
quotes from decisions In other states showing
that bonds of public officers should bo liber
ally construed ; that sureties on official bonda
arc'not released from liability .by tbe fail
ure nf other officials to exact settlements ot
their pr nclpals at the tlmen prescribed by
law , and that neither the principal nor his
sureties couM take advantage ot his own
wrongful neglect. The argument is cont'n-
uedu considerable length on the follow leg
Hnii3.
1. That the delhery by Scott of the bond
to the county clerk , was. In law , a good de
livery , snd the last act necessary to make
It a bidding contract both upon the county
and the sureties not absolutely binding on
the county , because not approved , but bkid-
Ind on 11 until rejected. U was never're
jected , therefore It continued binding on
both parties.
2. Failure to approve the bond wlth'a
tlmo Is only an Irregularity , and as such
under our statutes does not render void the
tornl , section xlll , chapter 10. providing "no
official bond ehall ha Hindered void on ac
count of any Informality or irregularity In
Its approval. "
3. Approval of tbo bond Is not necessary.
It being settled that "where by virtue of
the bond the officer fc.ia been Inducted to the
office hlj sureties cannot escape liability for
his defaults , because bis bond was not ap
proved by the proper officer , or was not ap
proved at all. "
4. The sureties are estopped from setting
up the Claim that ho was not a legal officer ,
because "by signing hla bond tney acknowl
edged hid right to the office , and to dis
charge his duties , and as such recommended
him to the public. "
STATH HOUSE GOSSIP.
Tie Standard Railway Siguul and Switch
company , organized for tbe purpose of doing
o general business In the way of Inlying ,
sclHng and manufacturing patent signals and
EWltchcs , filed articles of incorporation with
the secretary of state today. The headquar
ters of the company are to be at Omaha , and
the capital stock is Jl.000.000. The stockhold
ers arc James H. Wlnspear. John M. Thurston
Charles A. Potter , Melvln H. Redflcld and
Fred R. Smitu.
The following notaries were commissioned
today : John T. Sumney , Beaver City ; A. W
Haliiea , Ansley ; Charles 0. Glover , Drom-
flcld ; Henry C. Andrews , Kearney ; Alonzo
Perkins , Blair ; M. M. Hicks , ScotUi ; Stanley
Larson , Tobias ; John W. Powell , Falls City ,
Frank B. Welpton , Daykln ; C. D. Hlggln-
botham. John C. Stevens. Hastings ; James
W. Carr. Lyman Waterman , George I. Babcock -
cock , Warren Svvltzler , Omaha.
All of tbo state officers have signed pledges
to become members of the National Teachers'
association , providing the next annual meetIng -
Ing Is held lu Omalia during the exposition.
Superintendent Dusenberry of Nuckolls
county was a caller at the state house todaj.
The Visiting and Examining board
of the Mllford Girls' Home has
been desirous of formulating a new
eel of rules for the government
of the institution. Today the members of the
board met with the Beard of Public Lands
and Buildings and submitted the new rules
which they had drafted. The latter board
will take a few dajs for the consideration
of the new rules before approval Is given.
W. W. Cox. an officer from Douglas county ,
was at the state house today with an ap
plication for requisition peters for the re
turn of Inglehart Gabel from Missouri to
this state to answer the charge of obtaining
money toder false pretenses. From the rep
resentations made by Mr. Cox , It was learned
that Gabel Lad Induced some men to sign a
check for J700 , the signer thinking the amount
was only J5CO. As the check bad been drawn
on a St. Louis bank and the money obtalnel
on It in that city. Deputy Attorney General
Smith Informed the officer that the requisition
could not be Issued , holding that the crime
was committed where the money was ob
tained , und that the mere obtaining of a sig
nature 13 a. check by false pretenses was
not an Indictable offense. This would make
it necessary to arrest and try the man In
Missouri.
LINCOLN LOCAL NOTES.
Tbe Lincoln High school fcot ball team
went to York yesterday and defeated the
local ( earn by a score of 20 to 0.
Brooks anil Parker , the two men who wcro
brought back from Kincos to answer the
charge of burglarizing Humphrey Bros. ' ha-d-
ivare store , were given a preliminary hearing
today and were both bound over to the dis
trict court. Neither was able to furnish bond.
J , H. MacColl has filed an answer In the
suit that was brought against him In district
court by Clurku C. Parmaleo some time ago.
Parmalee sued Eugene Moore and MacColl on
u note. MacColl in lite answer admits that
a note wan executed and delivered but that
no part of the debt was his , It being Moore's
alone. Ho sajs that ho does not know
whether tba note has been paid , but that If
U has not he should bo made a party to the
eult as surety and not as principal.
At Its meeflng today the State Board of
Transportation aiionunced the appointment of
John Zocllers as grain welghmanter at
Omaha and approved tbe bond of James B.
JOIICH , grain Inspector , at the same point.
Omaha people at the hotels : At tbe Lln-
dell W. S. Jcwsilp , J. A. Cooper. O. H. Mitch
ell. J. R. Bush At tbo Lincoln J. S. Pear-
eon , 01. H. Collins. C. C. Hughes , W. F. Gur-
ley , J. Peycka and M. Sandfelder.
I * } IllllllK CllOOIlOfUtMTM. .
COZ\P. Neb. , Nov. 26. ( Special. ) Cozad
lodge No. 153 , Knights of Pythias , have
elected the following officers for the coming
year : O , C. , W. S. Hutchlnson ; V. C. , J. tf.
I.armon ; prelate. J. B. Hughes ; M. of E ,
Charlcti Ward ; M. of F. , James Willing ; K.
ot R. and S. . E. E. Cook ; M. at A. , M , H.
Brown ; M. of W. , C. II Streit
Hurt In n II u n ii u ii- .
CEDAR HAPIDS , Neb. . Nov. 26. ( Spoclal. )
A distressing acvMent occurred list evening
by which Mre Charlco Wirn was severely
tiruUed and cut about the bead and face.
Mr. and Mti. Warn and baby , accompanied ,
by several friends , were driving bomu In a
lumber wagon , and In crossing the ral'road ' 1
trark the team ran upset'lng the wajnn . .rd
Mr * W rn was badly hurt The other cc-
cupanU , five In number , escaped uuhu-t
T1IAM GIVI\U U\Y l.N .NHIIH VSK V
Town * Th r o ii limit thp Mntc Olivcrtr
th < * Ocrnilon.
WEEPINO WATER , Neb. , Nov 26. ( Spe
cial. ) Thanksgiving Day was ob erveil tiere
by n union service In the Congregational
church , llev. D. S. Donegin presiding. Many
families entertained friends to a Thanksgiv
ing dinner. A party was given by six young
women to about fifty Kuetta In the evenli.g at
the home of .Miss Mabel Dudley.
MILKOUD. Neb. , Nov. 26. ( Speclal.-All )
the churches In Mllford united In a union
Thanksgiving service In the Congregational
church yesterday. llev. Quyeton , of tto
Metbodlst church and Uev. Dr. Brltt of
Omiha , assisted Her. Mr. Monroe In the
zervlcc , the latter delivering the eermon.
Commandant Tucker Invited the local |
Grand Army post and Woman's Relief 1
Corps to bring In ome extras and i
partake of a Thanksgiving dinner at the j i
Soldiers' home jesterdaj Tbe Invitation was
1
1accepted. . Dr. Brltt , editor of the Veteran , i
delivered the Thanksgiving sermon and Ice-
lured on "Army Life" lo the evening. I
GOTHENBL'nO , Neb. . Nov. 2 ( Special. )
Thanksgiving was duly observed here. Hov
Madely delivered a sermon In the morning
at the Methodist Episcopal church and Rev.
N. E. Axllng spoke In the afternoon. The
J foot ball game between the Lexington and
Gothenburg teams resulted In a victory for
Gothenburg , the score being 4 to 0. t
COZAD , Neb. , Nov , 2 ( ! . ( Special )
Thanksgiving day was appropriately observed
here. The business bouses were mostly
closed. Union Thanksgiving services werei1
held In the Evangelical church. The sermon | 1
was preached by Rev. J. S. Miller of Uepub-
llean City.
CENTRAL CITY , Neb. . Nov. 26. ( Special. )
Thanksgiving services were held In the )
churches here yesterday. The day was dis
agreeable.
HUMBOLDT , Neb. , Nov. 26. ( Special. )
Thanksgiving < iay was duly observed hy ser
vices at the Methodist church , the sermon
being delivered by Rev. C. C. Meek of the
Presbyterian church.
COM ) WAVi : STHIICKS XnilH VSIv V.
Dorcas Snoojin Uo u anil Urines
Smnv Aloiicr with Him.
BANCROFT. Neb , Nov. 2G. ( Special. ) A
severe snow storm struck this locality last
night. The weather Is fulr tcdiy and not
veiy cold.
FREMONT Neb , Nov. 28 ( Special. ) The
weather hero turned cold yesterday and a
drizzling mist which prevailed all the after
noon be.amu snow , the first of the seasca.
Only about tno Inches fell and a few sleighs
\VITC been on the streets this morning. It
still continues cold.
STANTON. Neb. Nov. 26 ( Special )
About three Inches of snow fell here last
evening.
GOTHENBERG. Neb. . Nov. 26. ( Special. )
It commenced knowing here yesterday after
noon and there Is about one Inch of snow.
The weather Is clear.
CENTRAL CITY. Neb. , Nov. 26. ( Special. )
Djrlng jesteriiay sleet began falling , which
later turned to snow. Some two or three
inches ot tbo beautiful covers the ground to
day.
day.DUNCAN.
DUNCAN. Neb. . Nov. 26. ( Special. ) Quite
a little blizzard sot In here last evening at
5 o'clock About three Inches of snow fell
and drifted considerably. Today is cold , but
clear.
OF THI : MUIUMunits.
Principal * In the Crimp Are Still lit
I.H rm- .
CHICAGO Nov 26 James Ryan , charged
with being an accomplice In the m > sterlous
disappearance of Mra. Christopher Merry of
50 Hope street last Sunday. wo placed
under arrest this afternoon. After evading
the officers for days he was discovered under
a pile of hay in one of tbe mangers of Nick
Redmond's livery stable. Twelfth and Loomls
streets. He had been concealed there by the
proprietor , It is said , since Monday Chris
topher Merry , who la charged 'by ' his little
son with beating1 his wife to death , carrjing
her body away 'Q a buggy , tossing it into
a hole with water In It , and his other
alleged accomplice , James Smith , had been
In the barn earlier In the day , but they flea f '
before the officers arrived. At the livery I
stable was found the rig In which the
body , still bleeding from the wounds. Is
supposed to have been carried away. On the
bottom of the rig were found clo's of blood ,
On the stove of the little cottage at 50 Hope j I
street were found five burned and blackened '
buttons. There is little doubt that they
came from a woman's garment. It la be
lieved by the police that Merry attempted
to destroy at least a part of the clothes I
In the stove. i
' hlli NoliriiNUii Hiirsp * to Prnnct * .
IAUBURN , Neb. . Nov. 26. ( Special. )
Joseph W. Lash of Glen Rock Precinct ,
owner of the famous trotting stallion P > U L ,
and James Cook of Julian will leave Sat
urday for France , with forty head of Nemeha
county horses , which they expect to dispose
of there. Mr. Lash will take twenty head of
trotting horses , sixteen ot which are from bis
own otock. Among the number are Grant , a
Bancroft colt , and several brood mares foiled
to Pat L. Tbe animals are all highly bred ,
and will no doubt bring a good price en
the market ( here.
Cook's horses are principally heavy draft ,
twenty In number , which also find ready sale
In France at good prices. This Is Mr. Cook's
second trip to that country. He shipped
several cars over last winter , returning In
tbe spring.
Tfie gentlemen expect to be gone about
three months , and If the animals sell well
they will engage In the business more exten
sively.
1C 11 tleMOII-Ml'lMI.
WAHOO , Neb. , Nov. 26 ( Special. ) Miss
Effio Steen , of this city , nnd Joseph C. Kit-
tleson of Montevideo , Minn. , were married at
tUo residence of Captsln John Steen , In this
city , jcstcrday , Rev. J. W. Swan , paator of
the Metbollst church officiating. Mr. and
Mrs Klttleson left via the Elkhorn for St.
Louis , and thence to Chicago , and from there
to their future home at Montevideo. There
were present from abroad : Mr. and Mrs.
Taylor Steen , Fremont ; Miss Anna Klttleson ,
Minneapolis ; Mrs. Martin AltkUi , Lincoln ;
Flcron Steen , Fremont. They received u
large number of beautiful presents.
Miss Slecn Is the niece of ex-Land Commis
sioner John Steen , and O. F. Steen , of this
city Mr Klttloson Is a young business man
of Montevideo.
llnlKht Trln I MotfN Mimly.
PLATT3MOUTH. Neb . Nov. 26. ( Special
Telegram. ) The Halght trial Is dragging
along slowly. The day was consumed by the
defense. The evidence contained nothing of
Importance except an attempt to Impeach tbe
strong testimony of tne prosecution. Tbe
trial will run over Into next week. Halght
seems calm and serenely exnecta to get off
with a light sentence. The defense today tes
tified to numerous threats made by deceased ,
co the quirrel seems to have been mutual.
IIiiiul Crimhfil.
BANCROFT. Neb , , Nov. 26 ( Special )
Ben Carbarn , a farmer , living one and a half
miles north of tfils place , had one of bis
bands badly crushed In ( he gearing of a corf.-
shelter Weduesda ) . The iudex finger was
amputated at tba first joint.
rinlxhcil
FREMONT. Neb. . Nov. 25 ( Special. )
Fame. a report busking nearly finished The
average yield Is fully up to the estimate
given in The Bee aud U of a fine quality.
\ iHnxlor ut York.
Hl'MBOLDT , Neb , Nov. ! ( Special. )
The Baptli congregation 1m a new p rar
In the ixrson of Rev T J GUjett. who Wi3
called from Wisc-nsln
SCIEMISTS IN SESSION
Eighth Annual Moeiine of the Nebraska
Academy of Science.
DISCUSS TOFIC3 OF STATE INTEREST
President A on llnmfcltle I'ronimcft
Proprr Training to Cniitrol Urluk
llnlill llotiinlvnl I'npcrn Till
tin * Aftfrnoon.
LINCOLN. Nov. 20. ( Ppec'al. ) The eighth
annual meeting of tbe Nebraska Academy ot
Sciences convened In Science hall at the Uni
versity this morning at I' o'clock. A brlst
business session wus held before uoon. The
regular program was opened by tbe address
jot President A. S. von Mansfclde. He said
he found great difficulty In selecting a sub-
jject on which to talk befora workers la so
many different branches of sclewce. The
J
feet of alcohol upon the human system was
taken up. The prevalence ot excessive drink'
Ing I was depleted and the speaker asserted
that the evil would never be lessened by the
opposition of sentimentalists and fanatics.
;
The solution of the problem lies within the
{ province of scientists , whose mission Id to
bring J all sides of truth before the people.
Self-control must be cultivated through our
knowledge of results of overindulgence. The
address was follow ed by a spirited discus-
slon , as were all the other papers on the
program. ; '
Dr. H. B. Ward's paper treated of "Factors
In , Civilized Life Which Modify the Abun
dance ; of Parasitic Animals. " The decrease of
parasites Infecting man was shown to be duo
almost wholly < o better care ot the body and
more thorough cooking of all animal foods.
The decrease of parasitic diseases among do
mestic animals has been brought about
largely by stall feeding , Improved devices for
furnishing pure water , and thorough methods
of slaughtering , whereby all parts of most
domestic animals ore converted to some use.
OF INTEREST TO BOTANISTS.
"Tho Flora of a Drled-Up .Mill Pond , " by
C. J Eltuore , abounded In Instructive
thoughts for the botanical student. In the
pond referred to more than , forty species of
flora were fouid , the seeds having been de
posited there by reason of high water flooding
the surrounding country.
In an exhiustlve paper Dr. C. E. Bessey
discussed the possibility of poisoning by
polton ivy with direct contact. A number of
authorities were quoted as antagonizing the
theory of polsculng without Contact , but a per
sonal experience tended to show- that under
certain conditions the poison Is carried In
hot , moist air. A discussion of the paper
brought out similar expcrler-ces among the
members present.
Dr. Rcscoo Pound eftve an Informal talk on
his observations In regard to the relative
abundance of grasses aud other plant growths
on the prairies of the western part of Ne
braska. Many plant growths seem to be
much more abundant by reason of their con
spicuous appearance- than is found by accu
rate observation In various sections of equal
area.
area.Prof. . F. W. Card discussed root growth
from a tree-planting standpoint. Nursery
grown trees were given diffe ent treatment ,
the roots of some being cut back almost to !
the main branch , others slightly trimmed and 1 i
still others planted without cutting except to
remove bruised roots. From time to time
examinations were made ar.d In all cases the
trees with severely trimmed roots we'e less
vlgcroub In growth many of them dying
within a few months. This might not be true
In very wet lands , but Is the result usual
In Nebrabka. Trees planted with roots un-
tr.mmed were found to put out their leaves
sooner and the growth was retarded but little
by the change.
Members of the academy and their wives
participated in a banquet and social In Palla-
diin hall from 6 to 8 o'clock this evening ,
after which the program was resumed. N.
H. Darton , United States geologist , gave a
very entertaining address on "Some Features
of the Geology of Nebraska. " His talk was
Illustrated with a stcreopticon.
SECIIETAKY MUIICLEJOIIX AT HOME.
Kullerton Cltlzcnn Do Honor to Their
FVIIllTl T < M > I1H1IU11I.
FULLERTON. Neb , Nov. 26. ( Special. )
The 3 o'clock train Searing Hon George D.
Meiklejohn , assistant secretary of war , was
met at tbe depot Wednesday afternoon by
company B. First regiment , Nebraska Na-
tloaal guard , under command of Captain
Adams. The Firemen's band , tbe mayor
and city council and citizens In carriages ,
who etMorted him to his rooms In the Pen
ney block. Here he received 200 or 300 call
ers during the afternoon and evening ,
among whom were Juage- . J. Sullivan , the
members of the Nance county bar and many
visiting attorneys.
During Thanksgiving day he made his
headquarters at the mayor's office arranging
some buaizess matters and entertaining hla
many friends , who came to pay their re
spects. H'g ' Thanks-giving dinner was taken
at the Hotel Knapp with an old-time friend ,
H. E. Koapp.
An Informal reception was arranged for In
the evening in the parlors of Hotel Knapp
from 9 to 11 , to which all citizens of the
county were Invited. Notwithstanding the
fact that a severe storm was raging a larse
number from a distance , together with hun
dreds of the townspeople , attended. The
Firemen's band serenaded the company , after j ;
which a banquet was served at the opera :
house. Mr. Meiklejohn leaves here for
Washington Saturday morning.
LV.\C1II.\G I'AIITY IS
that Cm-tlM' Axxiilliint Will lie
M runic l'p.
PLATT3MOUTH. Neb. , Nov. 26. ( Special
Telegram ) Sheriff Holloway left tojay for
Nebraska City to take charge of the tramp
being held there for tbe crime committed
at Union last week. Dispatches from Union
tonight say that the community Is much ex
cited and there U danger of l > nchins.
Grouis of men have been seen talking ! u an
excited manner all clay and numerous threats
hive been openly made. Different parties intimate -
timato with the sheriff and supposed to know
his plans tell conflicting stories regarding his
route in bringing the prisoner here. Tonight
several parties are reported to be watching ,
the waon roads as well as tbe railways and [
will make a desperate atempt to get hold of
the brute. Never since the famous Hill trial
several years ago has tbe public been so
worked up over a crime and the sheriff Is
carefully concealing his movements to pre
vent an organized attempt to get bold of his
prisoner. Deputies frcm Union and this city
are on the scene &ud will make a strong re
sistance In case of attack. There Is no looser
anv doubt resardlng the prlanec's Identity.
as he corresponds In every particular with
the description gl\en by young Curtis yes
terday.
Comiiiniulfr niirluirilt Hri < i ern.
STANTON Neb. . Nov. 26. ( Special. ) Hen.
John A. Khrhardt , state commander of the
Grand Army of the Republic , who has been
critically 111 for more than three weeks , has
so far recovered as to be able to sit up and
Is In a fair way for recovery.
I'lreuu'ii'i. Ilnll.
FALLS CITY , Neb. . Nov 20. ( Special. )
The fire department , of this place gave Its
thirteenth aunual ball at Jermcss' opera home
Thaaksgltlng eight. It was a. success finan
cially.
_
\rl > ru Uu .Venn .Note * .
Tbe Norfolk News got out a twenty-page
Tr rkss'ving ' number wlthi hardsimeillu-
m iiated title page. Tbe paper contained a
If- ! ' " exposition cf Norfolk rtsaurcei and
< har ages.
Tbe SprlngflpM Monltofes completed Us
fifteenth rear. I
Bloomfleld cirpcnters .hire all the work
they can do. ' '
Jpfse Ovcrton of SprjuRHeld husked TOO
bushels of corn In five cYiys
Charles and Albert F\frfcHbnzon of Deeatur
produced this year over J.Cftr ) bushels of po-
atocs. , „
D. H. Johnson of Merrirk county got a
sandbur In hl throat nn > l"tho doctors bad
considerable difficulty In seUIni ? It out.
George Armstrong of tfchflon precinct , Ne.
ma ha county , lost over 160 head of bogd ,
some largo porkers froiri cholera during the
last few necks John Bath lost a like num
ber and Abe Lawrence lost heavily. Other
farmers ki that locality report loises.
J. K. Brown of Crelghton lost over sixty
! iead of hoes this fall with 'what he supposed
to be cholera. He began to feed his hogs
medicine sent out by the experimental sta
tion and elnco he began feeding the medicine
be has not lost a hog and they are greatly
! nlpro\ed In condition.
For several winters hog thieves have levied
heavy tribute on the farmers of Burl county.
They have commenced operations again this
winter. Six large , fat hogs were stolen In
one night from the feed jards of C. W. Conk-
ling , near Tckamah , and the thieves have
undoubtedly made successful their escape-
Willie Schlote , the 9carold son of L. W.
Schlote , who lives near Crelghton , was
thrown from his horse and dragged with his
foot In the stirrup for nearly a mile. The
horse run through a wire fence several times
and when caught the boy was cut up badly
and his bead smashed to a pulp. Dr. Brltt
was called , but nothing could be done. The
boy never regained consciousness and died
Sunday.
Why throw away your money for every
new cough syrup , when , you can buy that
standard remedy , Dr. Bull's Cough Syrup ?
South Omaha News
A quit claim ded from B. Jettcr and wife
for a strip of land on Thirtieth street be
tween Q aud R streets , was presented to the
city council at an adjourned meeting last
night and accepted. This strip has been
used for street purposes for some time , but
had never been dedicated ! to the city.
The firance committee reported In fa\or of
canceling city taxes on a lot owned by B
Jptter and used for fire hall purposes. It
was ordered that the taxes on the property
from 1SOI to 1896 be remitted. Mr. Jettcr ha ?
been plying taxes on these lots all these
jears , although he donated the use of them
ti | the city.
City Clerk Carpenter was directed to draw-
warrants for $3,000 to pay Interest on bonds
due at the state fiscal agency December 1.
Chairman VauEant of the police committee
lepotted that a suitable horse , harness and
road , wagon for use of the police depart
ment could be bought for $150 and the
purchase was ordered.
Tralaor recommended that an electric
street light be located at the crossing o !
the Union Pacific tracks and the country roai
In Albright.
' Schultz called the attention of the coun-
ell to the condition of tbj lighting fund. He
said that since the commencement of the
fiscal > ear the council had spent $2'U3 ' for
street lighting , leavfag only $4,3D3 in the
fund to provide lights until next August
As It will be necessary to exercise the
greatest economy In the disbursement of the
lighting fund tbe recommendation vva :
voted down.
Caldwell as chairman of tbe special committee
mitteo appointed some time ago to Investi
gate the petition nsklngf for lower telephone
rates offered a report which directed the
city attorney to draft an Ordinance reduclu ;
the rates for business and residence tale
phoneg $1 a month. At this , point City At
torney Montgomery took occasion to s'.ite
that he would draft the ordinance If It wa. .
the desire of the council , but It would done
no good as It could nor be enforced. He
slid that the city charter gave the councl
no authority to regulate _ the rates charged
by the telephone company. When put to a
vote the recommendation- the committee
was lost.
Schultz offered a resolution Instructing th
committee on police to Investigate the fre
quent Jail deliveries. This was carried
without a dissenting vote and the committei
wxis ordered to report at the next meet
ing.
ing.AH
AH ordinance chinglng the boundary line
between this city and Omaha was read for
the first time and referred to the judiciary
committee. This ordlronce is similar to the
one passed by the Omaha city council sev
eral weeks ago. By this change the boundary
line will run along streets and alleys In
stead of cress lots as now. '
The ordinance levying a special tax on the
property In the Missouri avenue sewer dls
trict was presented and sent to the judlclarj
committee. This sewer 'vas the cheapcs
ever laid in the city , the total cert belna ;
only $2.050.
City Engineer Beal reported on the
dltion of the west end of the L street viaduct
The engineer stated that quite a number o
the wooden supports were rotten , but h
found enough sound ones to warrant him In
asserting that repairs would not be neces
sary for a jear at least. The report was
filed.
filed.Caldwell
Caldwell offered a resolution to the effec
that when members of the fire departmen
are sick they shall receive full p-iy for thi
time actually off duty on accojnt of sicknesr
At present a fireman vvhen sick Is com
pelled to pay a substitute. After changing
tbe resolution to limit the time sick firemen
are to be paid to ten dajs It was adopted.
The statement was made thit many of thi
planks on the L and Q street viaducts w-er
loose and a , motion was made directing til
street tommlfdoner to make the necesair ;
repairs. Caldwell objected to the city ppead
Ing any more money on the viaducts , as hi
considered it tbo duty ot the railroads t
keep the bridges In. repair. Action was de
ferreil for one week.
A committee comprsed of Barrett , Cald
well and Schultz was appointed to wait on
Judge Scott and urge bltn to modify hi
order In connection with tbe gas trench !
ort N street. It Is claimed that the wate
pipes are freezing end U Is feared that unles
the trenches are filled the sewer will freeze
Schultz said that the diagonal Iron rod
under both of the viaducts were loose and
the engineer was requested to Investigat
and rep-it. The councilman from tbe Thin
ward said that the Q street bridge swayei
considerably when motor cars crcgsed and h
thought the braces ought to be tightened.
Major Eusor announced the appolntmcn
of Rodle Redmond as sewer Inspector for d'e
trict No , 103 and tbe appointment was con
firmed. Work on the grading of Twentjj
sixth street between E , and F streets wa
ordered suspended untll-after the next meet
Ing In order to allow ( he property owner ;
to settle their dlffeceaces In regard to th
depth of the cut tot IK wade.
Adjourned until next Tuesday evening.
I'rrr ) HrcrlveH Hail I'll 11.
J. C. Perry recfelvt1) ! serious Injurle
Thursday night from a full down the cella
stairs at the flat a Twentieth and L ° uv
enworth streets , llr. IJerry had preparei
to dine at the home of a friend and hai
htar'ed down stairs-to five a parting at
tention to the furnacej He put his weigh
heavily on the firstistcp , whlo.i gave way
suddenly beneath hls fe.t Ht fell throu
ths stairs , which were scantily built , twelv
feet to the cellar Hoer below and wa
badiy Injured about'the- head A deep Rasl
was cut under his chin , which requlrei
several stitches. Several teeth wer
wrenched out and ( h Jawbone was so In
Jurcd that biojd gushed from his ears Th
phjhlclan considers liU Injuries of a Scriou
nature
The most certain and co { forfable cathartic in cases of constipation and sluggish liver or piles.
! ORDERS OLD RATES IN FORCE
tataBosrlof Transportation on ths Live
Stock Question.
ARLOADS INSTEAD OF HUND3-D WEIGHTS
ecretnrir llnkc a Hcport rlnillnR
In rnA or of the Jfciv Syntem on
Which the Ilnnril ItcMorcn
the Ulil.
LINCOLN , Nov. 2G. ( Special. ) The soc-
ctaries of the State Board of Transportation
oday submitted the following findings and
( commendations In the freight rate cases :
Prom the testimony wo llnd that prior to
Vuguit 10. 1537. the charce for live s-oek
tilpmontswas by the carload and that on
aid date the rate was changed to cents per
lundred pounds.
W nnd that In fixing the rate per hundred
oundt the rate has been Increased. This
q most noticeable In the Ions shipments
rom the western and norths estcrn portions
f the state.
We llnd that It Is Impossible to adjust the
ates equitably by malrtntr u horizontal cut.
'hat In order to reduce the rate per hundred
cunds to equal the old carload rate It would
e necessary to order a greater reduction In
lie western part of the state , or on the Ions
mule , than In tSe eastern parti of the state
ver shorter hauls. In order to arrive at a
orrect conclusion a thorough Investigation
hould be made. To complete such an In-
estlgntlon illl necessarily consume much
Imc. . , .
While we favor the rate per hundred
ounds , believing It to be more equitable
hun the old carload rate , we tlnd that there
s almost an universal demand Wat the old
arload rate bo restored. And In order that
vo may thoroughly Investigate the question
and arrive at a proper conclusion , we would
pcommcnd , pending such Investigation , that
n order be made to restore the carload rate
n orce prior to August 10 , ISO" .
This afternoon the board met and approved
he findings of the secretaries aud Issued the
ollowlng order'
It li therefore , by the State Hoard of
Transportation of the State of Nebraska ,
onsldered adjudged and ordered that the
efendant railroad * herein shall on or bore
ere the 3th d.iy of December , 1S3T , ivsto
he carloid rite In force prior to the loth
lay of August , 1S37.
Railroad circles were somewhat perturbed
esterday by a rumor to the effect that the
State Board of Transportation of Nebraska
vould within a few days Issue an order com
pelling the railroads In the etate to submit
o a reduction of 10 per cent In their rates
on shipments of live stock , which rates are
at present based on weight instead of car.oads
Mos of the freight officials declined to be in
ervlewed on the report , because It had not
ome through an authentic source. A mem
ber of the Union Pacific's freight traffic de
partment eald "We know nothing about
, he matter , except what has been printed ,
'omlng events may cast some shadows , but
; his is no time to talk prematurely foi pub-
icatlotr. It can be said , however that the
change in the basis of live stock rates from
dollars per carload to cents per 100 pounds
made last summer by the Nebraska railroads
did not ral e the rates 10 per cent. "
This ' " [ pressed the general feeling The
dea that the change In rates from dollars
> er carload to cents per hundred pounds had
worked an Increase in rates of 10 per cunt
vis ridiculed by the freight officials and thej
declared that such a horizontal reduction
would reduce the rates to below actual op
erating expenses , and intimated that an >
such order would be bitterly couiesitd
through the courts.
Although no definite expression on the
juestlcn could be obtained , it was gleaneU
through conversation with a number of well
lostcd traffic men that the railroads in Ne-
3Mska would prefer to have the basis ol
rates changed back to dollars per carloati
than to submit to any horizontal cut of 10
per cent In all live stock rates on the bas.s
of rates expressed In cents per hundred
pound ? .
ITJ ntiiM.otnv WVGES
Missouri PacIHc1'utn Itnrlc Par to
Where It L'ncil to He.
As a slight token of esteem for the loy
alty of the employes of the Missouri Pacific
railroad , who have been working dur'ng the
last three jears under a reduction of 10 per
cent , and as an appropriate act of Thanks
giving for the Increaajd earn'ags ' of the rail
road during the last six months , President
George Gould hcs Just announced that al
salaries of Missouri Pacific employes wll
be advanced 10 per cent. The raise will take
effect from November 1 , 1S97 , cnu will be
enjoyed by about 15,000 employes of ths Mis
souri Pacific sj stem.
The announcement was made In St. Louis
yesterjay morning , and within -a few
bours was known all over the va
rious lines In the system. Needless
to say tae not'ce ' of the advance
w.is received ' with great happiness
but It was not entirely unexpected. Within
the last month there have been , severa
rumors of an Increase spread among the
caiplojcs of the sjstem. and the announce
ment from St. Louis headquarters merely
confirms those rumors. The cut cf 10 per
cent was made about three years ago when
dull times came along , and the earnings o
the Missouri Pacific dropped below expenses
The cut affected all emplojes of the rail
road who were receiving J100 or more pe :
month and as the bulk cf the employes
earned more than this a month the number
of salaries reduced was large Th
horizontal reduction worked a saving to th
company of over { 900 000 per year , which
In three years has represented ovei
$2,300,000 to the company's treasury. Thi
mere se In salaries Just announced will thcr ?
fora Involve an Increase In the expenditures
of the railroad of $000,000 a year. Abou
a fortnight ago The Bee printed an inter
view with a representative of the Missour
Pacific in this city , who called attention to
the great increase in the monthly earnings
of the company and Incidentally mentionec
that it was about time to raise tbo reduction
of 10 per cent under which the men had been
working Tlila Is whit has no.v been done
As sent out from St. Louis the repoit read
like an unexpected raise In wages of all em
ployes of 10 per cent. As a matter of fac
the increase is merely a restoration of wages
to the scale they occupied before the bag !
"hard times" put In an appearance.
The men whose salaries were cut In
eluded officiate , office men , engineers
co-iductors. trainmen , telegraph operators
station agents and machinists. Their eal
arlea range from { 50 per month to { 10.00C
a yeir The Missouri Pacific system
Including the Iron Mountain , gives em
plojmett to 20,000 men. The monthlj
pay roll averages $1,000.000. The cut. which
is now restored , was effective June 1 , 1S93 ,
"until further notice. "
Salaries of employes making from $30 to
$75 a month were reduced $5 ; between $75
and $100 a month the reduction was 5 per
cent ; 10 per cent wis deducted from salaries
between $103 and $200 and 20 per cent from
salries above $200 Including those of the
highest officials of the roads.
ST LOUS , Nov. 2fi Vice President War
ner cf the Missouri Pacific tonight said In
regard to the reported general advance ot
salaries "There were only a very few men
who wo'ecut In 1SS3. Engineers conductors ,
trainmen , telegraph operators , agents , oper
ators and machinists were net cut then. It
has been decided to restore the 10 per coat
to such cl'lco clerks and a few officers who
had held their positions unchanged from
18 ! > 3 when reductions were made , to date ,
the tout araaunt of which will be tietveen
$3,000 ani $1,000 annually. "
Move OIIIci-M Hark to Mohlle.
ST. LOUIS , Nov. 26. The general offices
of the Mobile & Ohio railroad were taken
from St. Louis back to Mobile today , A spe
cial train left Union station at 8 o'clock hav
ing on board the general officer the clerks
and emplojea and their families , to the num.
ber of about 300. When the jellow fever
broke out m Mobile quarantines were put
againji that city by every town and village
In the south. Trains were cot allowed to
run through and no fruight from Mobile
could -be bandied. The St. Louis end of the j
railroad line wag the only part of the BH-
tum dciag my bualne.s so the headquarters
wore established here. The officials and
clerks have teen away from their homes
since September 1.
Cum I n KM of .MilnauUi'p Itwnil.
CHICAGO , Nov. 28 Tha net earnings of
tbo Chicago , Milwaukee & St. Paul railway
EDITOR IB , WRIGHT ,
Publisher Gazette Restored to Health
by Paine's ' Celery Ooinpoiifi ,
The Haverhlll Gazette , now In the froi.t
rink of newspapers , stands for the Journal
istic ability of one rmn.
John B. WriKu Impress-oil hl stronir por-
"onallty on the paper from the day th.U he
secured control.
His accura'e ten e of news and s'eady
Judgment of men anJ events has built up
the Ha\cnlll Gazette to Its prevent news-
iipr leadership of northern Ma"-achu--etts.
Hdltor Wright's long and brilliant work
on the Boston Herald , .i chief of the de-
pirtmenof s-pecUl writers , " has all been
utilized In the building up of this -successful
newspaper. It will surprise no one that get-
'Inij out a bis ne > \ - < pappr like the Gazette ,
morning after morning , and year after year.
In the he.it and &moke of fierce political
conflict" , should entail great mental and
physical strain.
Incessant work told on Editor Wright ; but
berjus-e he. mnde use rft once of Palne's
celery compound , he is toJay fully restored
to his old-time forceful , \lgoroua < niblt of
m'nd and body. He says of this great rem
edy :
Haverhlll. Muss. , Oct. S. . 1S97.
Gcn.lemen- is with great pleasure that
I bear testimony to the benellclnl results
Ahlch almost Invariably follow the'use of
that king of all remedle Paint's celerj
compound. As .1 tonic , free from deleterious
material. It has , to m > way of hlnkln , ? , no
equil. T'ls remedy Is a poVtlve boon to
all ner\e-w recked men of business- unhs-
ItatinBly con/meml It to all peron1who
are , as I was , thorouchly worn out Vor >
truly jours , JOHN B. WIUGHT.
for the month of October were $1G13,29S , an
Increase cf $2,799. The net earnings for the
period between July 1 and October 31 were
$4,803,155 , an Increase of $319,916 over tae net
earnings of the same period , of tbe preceding
jear.
ciiuniT CMO.N IMCII-IC r.vviinvr.
Minify nntcrril 1'iion Hook * In the
Tr oil nil r > - Dfjinr tin cut.
WASHINGTON , Nov. 28. Assistant Secre
tary Varderllp today signed what is known
as a pay warrant directing the treasurer of
the United States to deposit in the treasury
the sum ot $18 194.G1S , representing the pro
ceeds of the sale of the Union Pacific sinking
fund bonds , and the unin\ested cash In-that
fund which has been transferred to the
treasury on the part of the reorganization ,
committee. This Is merely a book transac
tion In the treasury , and while It does net
cf Itself result in taking up of the amount ,
as a. treasury receipt It Is an Important step
which leads to placing the sum in the treasury -
ury cash where It Is bejond call , and cannot
be withdrawn except In consequence cf an
application made by law. The full transaction -
action will not appear in the treasury accounts -
counts until the end of the present month.
I'lisM-iiRcr > i fneiiny.
Nothing new regarding the prospective cut
In passenger rates from Chicago to Omaha
and other Missouri rler points devekpsd this
morniag. Well posted passanger men say
the rate war between Chicago and St. Paul ,
which has been on with more or lais Intensify
for twelve months past , would not necessarily
involve passenger rates between Chicago and'
this city. Notwithstanding this attitude. assumed -
sumed by the olliclals at headquarters in tills i
city , there is an tamloUkable feeling of uneasiness -
easiness throughout local paffenger circles
regirdlng the rates from Chicago to Missouri
river points liven those passenger men who
so pcu.tively assert that no rate war be
tween Ch'cago ' and Omaha should result from
the dlsturbcoco In rates rife between Chicago
and St. Paul are forced to admit that there
are forebodings of demoralization that con
cern this territory. Expectancy and uneasi
ness are the only terms that describe the
situation hero and no one knows what the
day or the morrow may bring forth.
HnlMvnj .VolcH mill rrrxonalft.
S. H. H. Clark , president of the Union Pa
cific railway ajsteai. Is expected at Omaha
headquarters next week. He returned to his
St. Louis home on Tuesday after attendance
at the New York meeting of the reorganisa
tion committee.
Omaha railroads bate announced that on
account of the annual convention of the
Bricklayers * and Masonfi' aFaoilatlon ot
America a rate of ona and one-third regular
faro for the round trip would be made from
hero to Peorla January 10-21 , l&'JS.
General Manager Dickinson of the Union
Pacific says the business of the railroad Is
holding up In splendid fhape This Is usually
the time of jear when the freight traffic of
the rend begins to drop off , but so far the
business being handled along tbe line la
considerably In excess of what was being
banlled one year ago. There baa been fomo
falling off In live ktocl ; shipment * and ahlp-
nuiits of fruit from California , but the de
crease has not been so noticeable as In * ev-
cral years past. The orange movement frcm
California to the east baa been In progress
about a week. Ttie kbipmems are not heavy
as yet , but between now and tbe Chrlstmau
bolldojs are expected to form a largo factor
In the freight tratllc ot the "Overland
Route " In pasc nger traffic local travel Is
good , but winter travel to California Is not
expected to attain very large proportions un
til after New Year'b day.
i Fatne's oelerv "ompnund crentcs n wholesome -
some dem iml f jr food , and cures a dlsor-
j dered stomu-i anil costive bowels.
] lor all all men s and \ e.ikncssc" that hava
; grown out of defects of nutrition , such as
nervousne = , lo-s of strength , thin , palo
'
blood , loss of weight and loss ot spirits ,
I Palne's celery compound H the legitimate
and logical cure. It overcome ? loss of ner-
' \oits power and lessened po er to digest
food , by generously fn-dliiR the nerves and
, regulitlnir their action binlshes that
contliai.il tired feeling by cloiinslnw the blood
of clogglns Impurities , and bv stirring the
Kidneys and other purifying organs to
healthful activity.
P.ilne's celery ion pound his cured many
and many cases of --pepgi.i. . slee-plessners.
I disordered liver and stomach trouble that
had puzzled phyle-Hns , and tie ou come of
' which swined hop 'ess.
j Many obstinately dyspeptic persons have
i Rotten rid of evry distressing symptom by
Its Invigorating1 help Grivc general defects
i of nutrition th it have shown themaelves
l In a wn < ! condition , weakness nnd loss
[ ot strenp h have repratcdly yielded to this
] remarkable remedy.
I The worn fire , that attests loss of alecp , si
1 soon lo'eh Its h iward appearance as We , \
I nervous = yst = m gets nourished by Palne's II
I celtrj compound , the accumulation of aches *
and pains v inlsi , the blood Brows ruddy
and abundun' , and the mind --hares In the
i well-beln < felt all over the body. Palne's
relery corraound should be taken by every
j person "run down" or nervous.
WIIUVT TOtCHUS IlOM.Vn. 31AIUC.
UillKf * Pnuii'd li > ntrnrtH of Shorts to
C \ vr ,
CHICAGO. Nov. 26. December wheat sold
at $1 at about 11-30 today. A bull move
ment started In that option about 10 o'clock
which carried It up steadily to $1. It was
current talk in the pit that the covering
which started the bulge WES done by a bunch
of small shorts , as traders known to have out
heavy lines showed no signs of stampeding. 1
j
i I The Immediate cause of the Jump to $1 wcu
I the bujins of about 250,000 bushels by Coun- 4
selmin & Day. After that price was reached ,
' however , the market dropped back very
quickly to 9774 cents , but another spasm of
covering sent It up again to 9S7S cents. De
cember imIU sold heavily on the swell.
I'iri'M lit" a D > .
BEATRICE , Neb , Nov 20. ( Special Tele
gram. ) About G o'clock this morning a
j limp exploded In a barn at Cort-
j land occupied by J. A. Dewing ,
i resulting in tbe burning of the
| i structure , together wl i the contents. Twelve
head of horses an ! mules , a half do/on bug-
, gles and wagons , harness . -nd grain were
] I i consumed , together with an aljimlng barn
[ belonging to A. S Cozad. The tarn occu
pied by Downing belonged to J T. Ha r rod.
The less is about $3w. with no Insurance.
Fo uc\yr TOD WSvi.vTiicn. .
F * lr , hut Wit rm i r In Wen-tern
1'iirlioiiN of thi > .Stale.
WASHINGTON , Nov. 2(3.-Forecast ( for
i Saturday :
j For Nebraska , and South Dakota- Fair ;
i warmer In western portions ; northerly
j | winds , becoming southerly.
j i For Iowa and M s ourl Fair ; cold weather
| I S.iMirday ; northerly winds.
For Kansas Fair ; Manner In western portions
tions , northerly winds , becomingsoutherly. .
For W > omlnu Fair , warmer ; southerly
winds.
Lnciil Itfi-unl.
OFFICE OF TIHJ WEATHER BUREAU.
OMAHA. Nov. 2G.-Ornaha record of rainfall
and temperature compared with the corre
sponding1 day of the last three years :
1S97 1S9S 1SSC. 1831.
Maximum temperature . 21 S3
Minimum temperature .14 10 2 HO
Average temperature . . IS 23 14 E2
Ralnfa'l 07 1 S3 .0) E2M
Record of temperature and precipitation at
Omaha for this day anil tlnce March 1 , 1897 :
Norm.il for the ilny . 33
Deficiency for the day . 14
Accumulated excess since March 1 , . 537
Normal rainfall for the day . Clinch.
for the ilny . . . . .04 Inch
Total rainfall Flnce March 1. . 18.00 Inches
Deficiency since Murch 1 . . . .ll.OS Inches
Kxeers for ror. period 1KW . . .5.62 Inches
Deficiency for cor. period , liM. . .J.WJ Inches
Itfjiortx from Million * ill H I > . "I. ,
'Mil Meridian Time.
STATIONS AN'D STATE <
WEATHEH.
OmaKa. oliur . * . ) IGj
North rialle , clear 16 .00
Salt l.-ike City , clear ! 31 40 .CO
Chejenne , clear I 1C . .CO.M
Itipld City , clear ) 4
Huron , clear j 0 ! ua
C'llCBk-o , clouily 2 ( . ua.n
WltlkJlcn , clear 14 .01
.St. Lou I * , cloudy 34 .00
ht I'atil. clear * .CO
Davrnpirt. clear 22 | .COT
Hrltna. no ln . . . . . 2 .09
Kaiwau City. cl ar 26 34 .09
Havre tluujy < .09T
Illimarclt , clear I ! .00
GaUuilon clour | Cl 76 .11
T Indicate ! trice ot precipitation.
U A.VKUKH , Local forecast Official.
' -PERFECTION MODERATION IH