" ' '
"KC-
FHE OMAHA DAILY BEE
.ESTABLISHED JUNE 10 , 1871 , GRATIA , TUESDAY MOUSING , [ NOVEMBER 'JO , 1807 TWELVE PAOES. SINGLE COPY FIVE CENTS.
BOOKS FOR THE YOUNG FOLKS
Many Wow and Excellent Volumes of Juve-
nllo Literature ,
SYSTEMATIC IDME READING SERIES
( All About Srn .Shell * V Volume on
Rational Airalrn A lUxtorlonl Novel
Otic of Oliver Optic * ' * llooUn
CiilciuIa'rN ChrlNltiuiM Car it M.
Tbla Is the BMROn when books for the
young folks are eagerly sought , not alone
by the children , but often by those who
have learned from experience that In these
luvccillo books tbey can get Information and
ploamiro aa readily as In the books for older
CersonB. Modern books for young folks arc
Instructive as well as entertaining. Among
the fairy tales and the utorles of goody-good
children who lived happily surrounded by
poverty and misery , there arc always many
volumcH containing reliable Information un
historical matters or i science or public af
fairs. These are among the very beat books
to be found on the shelves at the holiday
scanon.
The Apple-tons have a number of books In
what they have called the Home Heading
scries , which Is edited by W. T. Harris , the
well known educator. This scries Is prepared
for a good purpose , and the volumes thus far
mbllshcd appear to bo well adapted to thx
end In view. The editor points out how the
new ctJuMtlon takes two Important directions
ono toward original observation , requiring
the impll to test and verify what Is taugnt
him at nchool , and the other In the direction
of HystciDitlc homo reading. The latter la
of the utmost Importance. The books must
bo adapted to the tastes of the young
students for whom they are designed. Thc >
must have Instructive features and they
must bo HUfllclently Interesting to hold the
nttentlfii of the reader for themselves am :
for what they teach. This scries Is planned
to supply thu demand for books Tor this sys
tematlc bomo reading.
Ono of the books of the series is "Tho Hall
of Shells , " by Mrs. A. S. Hardy. It Is a
volume ijevotcd to marine shells ; and line
n bright Htory of adventure Is woven de
scriptions of the sea shells and mollusks and
all manner of curiosities of the ocean the
Etar-flshcs , the medusa , pearls , the nautilus
argonauts and all the tribe of queer things
found beneath the waves or along the shores
of the ocean. The book Is handsomely lllus
trated the frontispiece being In colors.
Asldo from the scientific Information af
forded by a study of this book there Is a
great deal of t"is poetry of shells and liberal
quotations from the authors. D. Appletoi
& Co. , New York. CO cents.
Aruthcr volume In the same scries bears
the title of "Uncle Pain's Secrets" and la
from the pen of 0. P. Austin , the gentleman
In charge of the- literary work of tne repub
lican national committee In Washington.
But this Is not a handbook of politics nor a
compendium of republican arguments on cur
rent Issues , though tbero Is much In It that
onmo who regard themselves ns well In
formed politicians would be surprised to
learn. The book Is a story Into which U
woven a vast amount of Information about
national affairs. An Incident affords oppor
tunity for a conversation -about the various
kinds of 'inonoy In use in the United States
and an accident brings up the occasion for <
vlalt to * Washington to exchange bills that
hiVe hccn Injured by Ink for new bills
aod this bringH the story Into contact will
the mint. Occasions nro made for learning
nil about the postal department , the federn
courts , the various departments of govern
ment and cougrcns. There lu a diversion Into
the realm of Hcleuco which gives the rcadei
uoino Inflight Into the geologic hls'ory o
the North American continent. The atorj
Into which these facts ae woven has suf
flcicnt action to mislaln the Interest. D.
Appleton & Co. . New York , jCO cents.
"An Oregon Boyhood" Is simply that and
nothing more , yet there Is so much about
a boyhood In Oregon that Is or was novel
anil Interesting that the story never become
dull. It lo by Ilev. Loula Albert Banks , who
has lived In Oregon all his life. The youth
of the present day who knows that the Jour
ney to Oregon Is only a six days' ride In a
pnlaco car can hardly realize that the
author's father crocked the countr > In 1S32
In a "prairie Echooncr" drawn by oxen , aiu
consumed six months in the Jourrey from
Arkantas to the banks of the Willamette ,
where be settled. Tbo descriptions of the
occupations of a growing boy In a new
country are fri'fih and vivid. . Commencing
with early lifeIn a log cabin , the author
"grows up with the country " The lamtlrg
and fishing IiiBtlnct Is early developed , and
msny exciting adventures which could take
place onl'y ' In such a country are recorded
School life , mountain climbing , winter sporte
anil occupations , life In the mining camps
In the early da ) of gold mln'ng , early sal
mon flehlng , are among the subjects de-
fcrlbed , which make this an Intensely ft ! t cr
eating book for young and old. LOB & Shop
ardi , Boston ; $1.20.
No Incident In American history Is better
calculated to Inspire young Americana with
patriotism * and admlrathn for the srand
men of 1770 who suffered that tholr country
might have life , than the heroic defense efFort
Fort Scbuylcr by a small band of colonists
wlieiv attacked by rn army of British - soldiers
diers and Indi'an allies. Fort Schuyler wab
one. of the points that worn moft Important
to thfl colonists and It was but poorly de
signed to afford reo'stance to the march of
the Invaders , yet the men all were heroes
and their heroism cornlcd for much In the
long war. Jamt'fl Otis b : pictured the scene
In Kort Schuyler at the time of the attack
'and subsequent thereto In a story uin'cr the
tltlu of "Tho Hoys of Fort Schuyler. " It I. ?
a tin-mini ; story , yet care has been token
that history' aliaU not be m'sreprcaented In
the work. It IK a capital book for boys a
book o' courage" end gopd humor , a book of
soldiers and camp life and of Indians and
treachery. Ono will remember the Mohawk
valley campaign of 1777 after reading this
book. Kites & Laurlet , Boston ; $1.SG.
A story that will delight young readers Is
"Olo Mammy'n Torment , " aa might bo In
ferred from the title , a tale of southern
plantation life , and of plantation child life.
Annie * Kellows Johnston has an already line
reputation made In tbo writing of books of
this character ceid this tale Is like Its pred
ecessors In Interest. Child life among the
negroes of ICio south has been too much
neglected by tbo writers of stories for child
ren. Their free und easy lived arc often
filled with Incidents ( bat Illustrate phases of
human character as well as the lnlden'.s '
that arlso In the drawing rooms of the cul
ture ; ) people of the cities , Mies Johnaton ban
seized upon this fact to give the children a
dellR'htful and instructive little story. The
Illustrations are numerous and appropriate.
It. C. I\lgo & Co. , Boston.
A pleasing scries of books for trays Is that
called the All-Over-the-World-Llbrary , of
which Ollv r Optlo's "I'acltlc Shores" Is the
twelfth and last volume lusm-il by the pub-
lUheru. As Indicated In tbo preceding vol
umes of the scrlei the purpose of thu voy
age 1s the education of the hero , Louis
iHolgravt * . who tias come -Into possession of
Ills grandfather's property. The present vol
ume covers an cxUnded stay In Japan , where
nil the principal points of Interest are vis-
Ited. From the land of the Mikado the party
proceeds to Australia and New Zealand and
thence to America , stopping for a few weeks'
t > tay at the FIJI Inlands. The young trav
elers have had their full ehare of exciting
ndventure , while the author never loses sight
of his purpose In writing the series ; that
IK , the conveyance of useful Information ,
much of It obtained during the author's trip
around the world before bin death. Lee &
Bbepard , Boston. $1.25.
A plowing little fctory book for children
} "The Happy 61x " I'ena
4 , by Shirley , author
of "Tho Merry Klvc" and other stories for
children , This Is , Infact , the third volume
of the "Silver Gate" series , In which one
norc IB added to the number of children
n the patty whose Journeys arc described.
They are given a ctoaixso to se-e more of the
\\crld. and the descriptions of their trip
'rom the Pacific shore * to Now York and
then acroBS the ocean to France , and their
travels therein , with Itr many funny Inci
dents , make a delightful book for the llttlo
OPJS. 1'cnn Shirley Interprets child1 life
gracefully and makes every page Interesting
to the child reader. Leo & Shcpard , Boston ,
75 cents.
"Queer Janet" Is another children's book.
It Is by Orace LP Baron , author of "Tho
Htsehud Club" and other stories. An Ideal
character In pictures U the heroine of the
book , but one not by any means Impossible ,
and her beautifully unrclfish life In the rare
lesson of a little child who lives up to the
Golden Hulo without becoming uninteresting.
"Queer Janet" Is n story the boys as well
as the girls will find Interesting. Leo &
Shepard , Boston , 76 cents.
Another book ftom the pen of Liura E.
rilcliatdf. the gifted author of "Captain Jan
uary , " Is welcome at this season , for the
children are euro of a treat In peruslr.fl Its
pagcj. "Threa Margarets" IB the book she
ba ? Just put forth. It 1s a story of three
each ono bearing this ploaslng name ,
a story of their adventures and conversa
tions In a fine country home. The volume Is
Illustrated by Bthelred B. Barry. Kates &
Laurlat , Boston , $1.2,1.
The visitors to the bookstore at this Boa-
son of the year cannot afford to overlook the
departments devoted to the books for the
l.ablct ) and the' ' small children , for In those
departments they will find the finest ex
ample * of the nrt of the printer and the tal
ent of the designer. Books for children are
\\orke of art In many cases , and no firm ll
the world has achieved greater reputation In
this work than the old established Kaphaol
Tuck & Bonn of London. This firm has
thl.t year published a number of books fo ?
cblldrCn that seem to fairly outdo all their
prevlouo efforts. They are gorgeouv In coljrs
and the text Is Interesting to the llttlo cir.os.
These small books are of all sizes and sh-pcs
an > l all prices. The same firm Is famous for
the superior Christmas cards Issued cacu
year. These cards are resplendent In colors
and of varied design. Some of them show re
productions of fine paintings and are to well
finished that It Is dlfllcult to tell them from
band painted works. Calendars are also pro
duced by the Tucks In large numbers , and
of all fc'lzcB and shapes. Among tha cal
endars published this year by the Tucks ii :
a beautiful ono on "Where the Koes Grow , "
several with selections from po3ts , a beauti
ful cue with quotations of a religious nature
from Charlotte Murray , a "Garland of Bless
ings , " with quotations from the Bible.
Among the smaller art books of note brought
out by the firm this year Is "Tho Village
Blacksmith , " beautifully illustrated , and
"Excelsior. " similarly Illustrated. In Father
Tuck's "Golden Gift" series there are beau
tiful Illuminated books like "Ju < sl Ore
More. " in which the color plates of children
and Mowers are gems of beauty. In "Make
Uulleve Men and Women" the artist and
prijter have combined to produce the finest
effects.
T\ip beautiful large calendars have been
published this year by Frederick A. Stokeo
company. New York , and tbo art work has
not ber-a excelled In anything made In the
United States. The "Luclle" calendar with
an oven dozen pictures In colors illustrating
scenes In that romantic poem will be appre
ciated by all admirers of Owen Meredith.
The Luclle ahown lu the Illustrations Is
the Ideal Luclle , fair , with drooping eyes
and dark hair plainly drawn down. The
calendar showing "A Bevy of Fair Women"
Is not lesi ? to be admired , for It shows a
half dozen pictures in delicate tints showing
woman who are indeed fair to look upon.
MICH DUTY OX AM13UIC.VX CiOODS.
Hill I'fiiclliiH : In Knaiici"hloh Will
Shut Tin-in Out.
NEW YORK , Nov. 29. The authorities In
Washington , according to the corrp-ixmdent
of the World , have been Informed that Fran e
while ostensibly engaged In iiesotlatbiis with
this government for a reciprocity treaty , .s
taking steps to place a prohibitory tariff
nan some American products. The State
department has been notified that a bill is
pending In the legislative assembly of Franco
lincrlnR : a high duty on certain products
which will practically make that country a
closed market so far as the United States Is
concerned. Ambassador Porter undoubted ! )
will be directed to make an earnest protest
igalnst the measure.
This bill may cause the authorities here to
slowly In negotiations for the reciprocity
agreement. The department has received no
reply to Its proposltlco that in exchange for
a IOWCT tariff on French wines the French
government shall remove the prohibition
igalnst the Importation of American cattle.
Unless this concession be granted and the
bill referred to shall bo defeated the recl-
liroclty negotiations may come to naught.
Should this happen the French governmetit
may retaliate by Imposing the nnxlimrn
tariff under Its laws upon American products
which now enter under the minimum tariff.
As these products are few , however , the
uthorltlcs are not greatly disturbed over the
-ullook.
llr. von Hollcbcn , the new German am-
bansador to the United Statec. will bo for-
jnally presented to the president tomorrow.
Ho Is expected to Immediately make repre
sentations to the State department In regard
to tariff matters. The dccartment Is In
formed that Or. von Hollcben's Instructions
'ontcmplatp ' tbo submission of seveval propo
sitions designed to lead to a reciprocity ar
rangement. It Is believed the United State/ "
will rc-qulro In return for any concession
the removal , or abatement at least , of re-
strlctl'tis now Imposed upon the Importation
Into Germany of American cattle and beof.
Si-nrclllli'-T for Ofhri * Crime. . .
CHICAGO , Nov , 29. Acting on an nnony-
innus communlca. Ion from n neU.-.lior
of Chris JU-iry , tbo potnto peddler who Is
arc-used of having murdered bl.svlf. . ' , whose
body WUH yesterday found In n. Ulti-h near
WcHti'i-n avenue mid Klirtity-peveiuh street ,
the police toiluy began n thorough ex
amination of Merry's barn , whrro they ex-
noetcil to find evidence of other crimes. The
writer of the letter on which the polled nro
noting suyrt that a week UKO Wednesday bo
beard uhotH fired In Merry's house. It wnu
hlH belief tluit tha Hhot took some oms'a
llfo anil that It might bo the crime which
Mm Merry thrrntqneil to Inform the police
nbout and to prevent which Merry IB uiip-
D3 pil to have murdered her. The com
munication IH poorly tpo'lsd nnd written , but
the pollco have given enough credence to
It to glvo the burn un overhauling ,
\ < * v Strainer I.lni * to Orient.
SAN FHANCIBCO , Nov , 2fl. A private
cablegram received In this city from Toklo
announced Unit an agreement had been
Hlgnrd by I'rt-sldfiit Asano of the Toyo
KulHliu Japanese Kteiun.slilp
nnd H. I' . Schwerln
ompany . , repre-
Henting the I'aclllc Mall nnd the Occidental
it Oriental companies. Thu meaning of thiH
IK that un arrangement has been entered
Into between thu steamship lines named
whereby the simmers of the Toyo Kitten
Kalalm line will bo put on between Yokohama
hama und S-'in FninclFco early In 189S.
President AHUIIO WUR In this city not long
n--0 In the Interest of hlB company , When
he H'turned to Japan there was considerable
doubt us to whether he would have tils
HteaniBhlps touch this port. The cablegram
mentioned ueta Unit matter at rest nnd
Infim-H ( or this city u more frequent serv
ice hotwf en San Francltco nnd the Orient.
Will XotVnlt for XiivlRatlon to Opi-n.
I'OUTLANU , Ore , , Nov , 29.-Charles nnb-
ney , representing n parly of about fifty
MIcbtKun people , who propose to go to thu
Klondike rFlon early In the sprint ; before
navigation opens , has been In the city for
covcrul day * . He will leave on the n * > xt
Oriental BtiMiincr for Japan on his way to
Vladlvostock. Siberia , to se--u e IO-H. ! ( aino's
or reindeer teams for his party. Sir. Jjah-
ney saya he will procure n supply of either
of the-Bo animals and will select whichever
ho concludes will answer his purpose He
exiweu to return In Kjbrunry and will ship
hla animals from Vladlv istock. or If that
port la froien. from some more nouthvry |
point to Julian and brine them to the I'u-
cltlo coast for shipment north.
OMAHA HAD LITTLE CHANCE
Location of the Next Teachers1 Convention
Was Foreordained. .
RAILROADS HELP WASHINGTON WIN
Hueeiillvo Coiiiinltleo of the Xittli > nnl
niliioittlonnl ANNOuliillon MeetH
OlllclalN of the Hi
IIILN InturoNtoil.
Superintendent Pearso has leturncd from '
Chicago , where ho attended the meeting of
the executive committee ofthe National Edu-
ctitloiul association and saw Washington walk
away with the prize for which Omaha had
made such a gallant struggle. In comment '
ing on the failure to bring the uext conven
tion of the association to Omaha , Superin
tendent Pearso says that lu his opinion
everything was done which was possible to
Insure success , but evidently the pegs were
not set up that way. In fact , one of the |
' |
'allroad officials who was present In the In- .
tercets of Washington made no secret of I
the fact that the matter bad boco "fixed" as
long ago as last April , and although Omaha
had all the better of the controversy on the
face of the matter It was scarcely mentioned
In the secret , deliberation * of < ho executive
committee.
According to all precedents and exterior
appcarnnceo Omaha should have won the
prize * . The executive committee consists of
James M. Greenwood of Kanaas City , presi
dent of the association ; Charles K. Skinner
of Albany , N. Y. , vice president ; Irwln Sht'p-
ard of Wiuona , Minn. , secretary ; J. C. Mc
Neil of Wist Superior , WIs. , treasurer , and
Albert O. Lane , president of the board of
trustees. Four of tbo five mem
bers were , consequently , western men
and would naturally bo expected to
favor a western city , all things being
equal. In addltlen to that Omaha made by
far the best showing of any city that was In
the race. Not only was Omaha endorsed by
an overwhelming majority atthe last con
vention at Milwaukee , but It offered Induce
ments far superior to those which were sub
mitted by other cities. Superintendent
I'earso laid before tbo executive committee a
ll t containing < thc signatures of over 1,500
Nebraska end Iowa teachers and superin
tendents who obligated themselves to be
come members of the association If the next
meeting should bo held In Omaha. He also
offered evidence to show that this number
could easily be Increased to 3,000 by January
1 , If It was decided to come -to Omaha.
When It la considered that tbo total enroll
ment at the Milwaukee convention was only
0,000 , and -It Is apparent t'hat the prospect ot
: > ,000 new members was a tremendous In
ducement. But the committee decided to
overlook not only the claims of Omaha but
the expressed wish of a majority of the
members of the association.
The committee- met Saturday forenoon and
listened to the representatives of Washing
ton , Omaha , Salt Lake City and Los Angeles
and In the afternoon they went Into ex
ecutive session. Soon after it was announced
that Washington had' ' been selected. It Is a
significant fact that the general passenger
agent of the 'Baltimore ' & Ohio railroad and
prominent officials of the Chesapeake & Ohio ,
the Big Four and other , big railroad lines
were present to urge the selection of Wash
ington , while the officials of the roads which
would profit by the selection of Omaha were
conspicuously absent.
.VI2W MIlilC IXHl'ECTOIl CIIOS13.V.
I , . K. Hilttiin of the Klurhlh War if
Xiiiiifd < o Suei-1-oil S. Ij. lloyil.
L. K. Hutton of the Eighth ward wns ap
pointed milk Inspector to nil the vacancy
caused by the death of S. L. Boyd , at a
sreclal meeting of the Advisory Board , held
yesterday afternoon. Health Commissioner
Spaldlng stated that as the first of the month
wns close at hand It was Important that the
vacancy should be filled at once and he sug
gested the name of Mr. Hutton. The recom
mendation was approved by a voteof four to
two , Comptroller Wcatberg and Chief of
Police Gallagher voting for Louis Llttlcflold
of tbo Sixth warJ. Mr. Hutton Is an old sol
dier and was a candidate for a municipal ap
pointment at the beginning of the present
ndmluU'.ratlon.
The only other business transacted by the
board was the approval of the contract of the
Gobo ! Light and Heat company of Chicago
to furnish gasoline lights for street lighting
for a term of two years from January 1.
The bond was fixed at $3,000 , on the advice
of thu city attorney. It is furnished by the
Safety and Surety company of Philadelphia.
1'ropeiVnlnoN Too Low.
The Board of Review has nearly completed
the review of the assessments of city lots
and yesterday Tax Commissioner Sackctt
sent out a lot of notices to property owners
wlicao assessments are considered too low
by the board. Some of these cases occur In
the business district , but the most notable
Instance Is In the property Immediately south
and west of Twenty-ninth and Leavcnworth
streets. The general valuations In this vicin
ity as they now stand on the books are lower
In comparison than the valuations of the
property nearer the cente. ' of the city.
Tlu-Eo property owners will bo given an op
portunity to come before the board and show
cu80 why their valuations should not be
Increased.
I'nvliiKT Operations Art * SiiNion < liil ,
Paving operations on Fa roam Htreot are
still suspended on account of the low tem
perature. There are only four hloclca of
binder and eight blocks of asphalt to be
bid to complete the contract , nnd this cm
bo done In a few days If there lu a break
In the present frigidity. The contractors ore
hauling the remainder of the slag while the
cold weather lasts and getting ready to com
plete the street In short order as soon as
the opportunity offers ,
For ( 'lifting Wood * .
The Board of Public Works held a short
meeting yesterday afternoon and approved
the plan of assessment of the coat of cutting
weeds during the summer , The assessment
Ic a bulky document , as moat of thu Items
are In sums ranging from D to CO cents ,
The aggregate assessment Is about $2,500.
lluil SOO 'N llrotlicr OOIIII-K.
Yesterday Coroner Hurket received a telephone -
phone mensago from V. W. Scott.nt . Atlantic ,
In. , n brother of Bud Scott found deml at
the foot of Cnpltol avenue Prlday morning ,
Baylni ? that ho would be In the city today
In order to tnkc charge , of the remain * * cif
liln brother , The police are ctlll ns rnuo'i
nt BOH ns ever ns to getting tr-'Pe ' of the men
who killed ScoH , The lower districts of
the city nro being watched and tciircbeO
for ele-AH which will throw light upon the
mysterious affair , but nothing us yet has
been unearthed , The remains of Scott are
still nt the morgue ,
Into 1'iivlnir
DETROIT , Nov. 20. Governor Plngrce'e
object In getting possession of a Vcnezuelcnn
nsphnlt lake Is now iiwerted o bo for 'tho '
purpose of breaking the orpnalt combine HO
that municipal ownership oj asphalt pave.
Ing plants -may be ( insured and to permit
laying arpliult pavementH by local contrac
tors Instead of following- the combine to
monopolize he business. The gov < rnor does
not yet admit his connection -vslti the iu-
ulmlt luiPlness. but In an Interview today
he decl.ired that within seven years nothing
but nfphltwill be used for paving In the
United
f-'i. I'liiy Solltiilre M - ' iv Vnrn. .
N13W YORK , Nov 29. WlUJtun C , Wood-
nrd , iillan "Illg Hnwley , " > nho lain week W
convicted of attempted bac'mall ! : on Samuel
W. nrli > Bl < iom , wn sentenced today to tlvo
years Imprisonment. "HlB Hnwley"
known principally under the nllua of Hon.
Lionel MunKruve. He bus been unfavor
bly known In almost rvtry country of the
earth and probably Is the moat acute card
sharper living.
Ol'IMO.VS IIY THE SUIMlKMIi COURT.
St. Pnul t'crtiililcil to Unc Wnter from
tl\f MlnlNlpi > l Hlvcr.
WASHINGTON , Nov < 19. The United
States supreme court tqdny efllrmcd the deci
sion of the Georgia supreme court In the
case of Mrs. Nobleconvicted of the murder
of her husband. She a/ncrlcd due process of
law had been denied her. The result of the
decision IE that the ijcqtcnco Imposed by the
court can now be executed.
The supreme court Iqdn'y nfllrmed the deci
sion of the Kentuckyv url of appeals In the
case of J. J. Douglate .Against the State of
Kentucky. ' The case Va brought In behalf
of a lottery company , laid Is decided ad
versely i to the company. ( Justice Harlan ren
dered the decision. I I
In the United States sujurcino court an Im-
portunt oplnlou was isnQerctl today In the
case of the St. Anthcny Falls Water com
pany agalnet The City of St. Paul , Involving
the right of that cltj to utilize the water
of the Mississippi river"for domestic pur-
'poaeo , the opinion , being handed down by
Juctlco Peckham.
The action was Instituted by the water
power company to teat the validity of an act
of the Minnesota legislature authorizing the
city to divert a portion of the water for Us
purposes , In face of the company's chatter.
which gave It all privileges appertaining to
.riparian rights.
Justice Peekham eald that the extent of
the riparian rights of the company was a
matter of local law and that the ntato's
jurisdiction Is exclusive. It was also alleged
n behalf of the St. Anthony company tffat ltd
con'ract was Invalid , but * Justice Peckham
said that when the state entered Into a conTact -
Tact with that company the agreement was
made subject Implledly to the diversion of
ivaler by municipal corporations and others
of water for domestic pu poses. The case
came to this court from the supreme court of
Minnesota , and the decision of that court
ivas upheld.
Justice White handed -down the opinion of
: ho court. Ho reviewed brldfly the points In
: ho case , showing that Mrs , Noble's counsel
liad moved for a trial to prove her sanity
after she had been found guilty of the mur
der of her husband. This-motion wns denied
5y the trial court and' the decision affirmed
oy the supreme court. ' Mrs. Nobles then
appealed to the federal supreme court on
; he ground that the amendment guaranteeing
ill citizens duo process of law had been vie
lated , but It wns overruled. "If the po
sition of the plaintiff in error were sound , "
said Justice White , "no criminal could ever
uo punished , as his Immunity would bcpend
upon his fecundity In raising pleas of In
sanity. " ' ,
BAHXI.VfiS OP KANSAS PACIFIC.
ei'i'lycrs mill OovcrimiiMit IHrcvtorn
KillTlulr .IleporlM.
WASHING-TON , Nov. 29. The government
dltcctora and receivers qf the Kansas Pacific
railroad , which Is to b9 sold December 15 ,
have submitted to the attorney general the
flguies from which the estimate of the prop
erty Is to .be made. Their figures as to earn
ings and Income , while differing slightly
agree for all practical purposes. The figures
In round numbers show ) the following gross
and net earnings for the years from 1SS9 to
1S9G , Inclusive : 1889 , gross earnings , $3,053.-
000 : net earnings. $1,059,000 ; 1890 , gross ,
$3,040,000 ; net , $774,4731891 ; , gross. $2.939.-
000 ; net. $1 223,000 ; 1892 , gross , $3,418,000 ;
cot , $1,501,000 ; 1S93 , gcrss , $2,419,000 ; net ,
$802,000 ; 1S94 , gross. $2,093,000 ; net , $039289 ;
1S95 , gross , $2,018,000 ; net , $609,000 , and 1890 ,
gross. $2.248,000 ; n.-et , $705.000.
There has been little Inquiry from possible
or prospective bidders , , but It , is believed
the road will goto the reorganization cpui ;
mittco of the Union P.aclfic railway. 'There '
Is a legal question as to .whether the pur
chasers of the road } wll ( net have certain
privileges over the Denver & Cheyenne ex
tensions , which will virtually amount to a
franchise , and to the ; meaBuro of these
privileges. Increase the yaluo of the road to
the purchasers. ,
TO INSTITUTE IIJSFOHMS AT O.VCI3.
I'rovlhliinnl Cnltluut jto He Xninvil In
Cufii.
WASHINGTON , Nov. 29.Scnor Depuy do
Lome , the Spanish minister , in an Interview
with Assistant Secretary Day today stated It
Is the plan of Captain General Blanco to take
steps for the Immediate ( execution of the re-
fo-m schemes of the Madrid government and
to do this legally a provisional arrangement
will bo made. The ciRtaln general will ap
point directly a full actlpg cabinet and with
them will have at haiul the means for a
fully equipped executive ) government , which
will last only till the elections shall have re
sulted In the choice of a now government.
ThCBo elections ore delayed , It Is said , only
by reason of the lack of an accurate census
of the population of Cuba , which Is essential
In order to apportion the representation In
the legislature.
Oxiinril Will litHcnril Prlilny.
WASHINGTON. Nov. 29. Henry T. Oxnard -
nard , president of the Oxnard Beet Sugar
company of Nebraska , was at the Treasury
department today and had on Interview with
Assistant -Secretary Howcll In regard to tbo
countervailing duty on beet sugar imported
from the Netherlands. Air. Oxnard went to
Now York this afternoon , but expects to re
turn to Washington on Friday , when ho
will submit an argument either orally or In
writing In favor of Imposing the higher duty.
It Is said to be not Improbable that a de
cision may bo reached by the department
the last of the present week.
SI lift- Can Kl.v tin * Levee- .
WASHINGTON , Nov. 29. The national
government will not interfere with the state
authorities of Louisiana in their treatment
of the levees threatened at Algiers , oppcslte
Now Orleans , Captain Derby , 'the engineer
officer In charge of the river and harbor
works In that locality , today telegraphed
General Wilson , clrief of engineers , that the
St'Uo Levee board of Louisiana had taken the
matter under Its charge.
Dlvlil IK to flunk -CrrilltorN.
WASHINGTON , Nov. 2 ? . The comptroller
of the currency has declared dividends In
favor of the creditors Insolvent national
banks as follows ; Second dividend , 15 per
cent to the creditors of the First National
Hank of Cheney , Wash , ; fourth dividend , 10
per cent , to creditors of the Columbia
National bank of Minneapolis.
Still \VnrkliiK on ( lie .MPHKHKO.
WASHINGTON , Nov. 29. President Mc-
K'nley hag not yet completed his mcrsage ,
and Is still engaged upon spine Important
feature * ) of the document. Owing to giving
eo much time to the message ho caw few
visitors today. *
Dully TrrHKiirj'/StiUriiU'iit ,
WASHINGTON , Nov. J29. Today's state-
mcnt of the corvilt'lon of the treasury shows :
'Available cash balances , S216,36SG45 ; gold re
serve , $150,988,649.
uiuivis in : mo. Tan KiLi.ixn
\n ( In U' ' Ciiiiilltluu , t < ) llfiiifiiilii'r JiiNl
What llupiu-iieil.
OUONO.MOWOC , Wls-.lNov , 29 , The mys
tery which has'surround the murder of the
two children of Knieit Cc/nell and the cut-
: IUK cf Cornell's throat some ten days ago
has at lad been cleared , up , Today to < he
coroner's Jury CornellInvade a confession
'Ci t to the beit of hli recollection unJ belief
ho Killed hi * two children and tried to 1:111 :
lilmseU , This announcement came an a
grea' surnrltc to tbo qljblajs , who bad pre
ferred charges agalna : .Cornell's wife tr 1
jQjjn Lcuta , the horse skinJier. and hid them
incarcerated In tlm county Jail at Waukcihu
on uccount Qf the killing , Cornell made a
statement ttiat according to what ho bad
read In the newspapers and what he ha 1
heard ho believed that be hlmiclf commlttel i
-ltd crime , though his condi lf > n at tha tlnn | '
was tucii that he fa d oo recollection of com
mitting the deed.
FIXING UP THE LOOSE ENDS
Attorneys for the Oily Making Thalr Web
Tight ns Possible.
WETTLING FORTIFIES HIS TESTIMONY
Tenth Day of the Ilolln Iloiiilmnpn
CIIMC Given Over I.ai'Kt'ljto
UoutulliiR Out the IX-
The trial of the case of the city against
.he bondsmen of Henry Bolln , ex-city trcas-
ircr , was resumed this morning before Judge
Slabaugh and a Jury. This Is the tenth day
of the trial , and to all appearances the cud
s as far away as It was a week ago.
Immediately upon the -convening of the
court Thomas Swobc , a witness for tbo state ,
was recalled by the attorneys for the bonds
men and questioned concerning the cash
( .lips In Bolln's cash drawer at the tlmo of
the discovery of the defalcation. At that
tlmo Swobe wes placed In charge of the of
fice at the request of the bondsmen. His
cross-examination waa In relation to a silo
In tbo caah drawer bearing the words and fig
ures : "Henry Eolln , by cash $1,000. " This
was one of the slips designated as worthless.
The wltnep.n Identified It as an asset of the
ofilce. It was unsigned and without a date
and In the handwriting of Jerome K. Coulter.
deputy city treasurer under Bolln.
Expert Accountant Wcttllns WOE .the second
end witness called. He was on the stand all
the morning on redirect examination. His
testimony was for tile purpose of verifying
testimony berotoloro given and also for the
purpose of rebutting ra&ttcrs sworn to on the
cross-examination of last week.
Witness testified that prior to the present
trial ho had made a schedule that was of
fered on the criminal trial of Bolln. The
document showed a defalcation of $80,309.73
and nt the criminal trial It was relative to
this amount that he testified. The schedule
was hastily prepared nnd omitted mcuj'
charges and some credits. After the ( ) rct > -
aratlon of that schedule witness had pre
pared the scheduler offered In evidence In
the present trial , but bad In no way used the
former schedule In reaching the amounts as
shown by he schedules admitted In evl-
ilenco during the progress of the trial now on.
After disposing of the old schedule- witness
testified that during the recess of the court
over Sunday bo had revised his figures and
schedules and that be was able to testify to
the best of his knowledge and ability that
there were no changes , or at least no ma
terial changes , to bo made In the schedules.
They showed that the total defalcation dur
ing Bolln's first term aggregated JSu.3.17.55 of
city funds , after giving all of the credits and
making all of the additions.
W15TTLING NOT YET THROUGH.
The redirect examination of Wcttllng
was concluded yesterday afternoon nnd he
was at once subjected to a re-cross-examlna-
tlon by Attorney Mahoney for the bonds
men. Wettllng etlll Insisted that the gross
shortage of Bolln aggregated the amount
heretofore stated , though there was a possi
bility that the Ed Wittig check given to
Bolln and not paid had been charged twice.
If this was true there was nothing , how
ever , to show the transaction. Concerning
the aggregate worthless checks and notes
found In DoUn'e cash drawer at the time
when the otJlce was taken charge of by
the bondsmen be contended that a number
of the bilks were , chargeable to the Board of
Education and that they being In the treas
urer's office could In no wise change the fig
ures In the schedules offered In evidence.
Before the adjournment of court
last night Attorney Mahoney offered some
evidence tending to Impeach the testimony
of the witness. It was a report of the city
comptroller's ofilco , compiled by Wettllng
when be was a clerk therein. The report
showed that the jhortago claimed from
Bolln by the city was not so great a the
amount for which the bondomcn are being
sued. City Attorney Connell objected to the
offer , oaylng that the city could not be bound
by a report that waa made by a clerk In an
ofilco and that the witness could not be Im
peached by the showing in a report that was
made under Instructions from his superior
officer.
Tbo court sustained the objection and the
offer was refused. Judge Slabaugh hold
that it was poFslljle for the defense to se
cure the original report or the testimony
of the comptroller bearing upon the point In
controversy.
H fa likely that Witness Wettllng will bo
on the stand a greater pirt of the forenoon
today on ro-cross-oxamlnatton. After bo Is
disposed of City Clerk Hlgby will bo called ,
ho to bo followed by Comptroller Westbcrg
and a number of the employes of the city
treasurer's ofilce , all testifying for the state.
XU\V IM2TIT JU'IIV IS OAI.I.I3I1.
Won to Serve Three WeeU un Arhl-
tratorN Come Into Court *
A new Jury , to serve during the next three
weeks , was called in the district court yester
day morning and as this took sometimetbo
Judges did not take up the trial of causes
until nearly noon. This afternoon the courts
are running In full blast and all of the
Judges are busy.
In the criminal court Judge Baker has
taken up the trial of the case of the Stale.
against Alfred Knapp , who Is charged with
entering and robbing a South Thirteenth
street saloon , The defendant has hereto
fore entered a plea of not guilty , contending
that ho was not In the vicinity of the place
at the time of the alleged burglary.
The case of the State against the Kaetncrs ,
father and eons , charged with the killing
of Officer Tledeman and the wounding of Of
ficer Glover , was called before Judge Baiter
and continued until Wednesday morning. A
witness for the state was absent and Ilia
county attorney urged that ho could not
safely go to trial without the testimony
of this witness.
In tbo civil cane of the State against the
bondsmen of Joseph S. Bartley , the ex-state
treasurer who has heretofore been convicted
of embezzling state funds. Bartley has filed
aa affidavit In the office of the clerk of the
district court alley log that he Is a non res
ident of the county and U detained hero
against his will. This affidavit Is to bo used
by the defense In the suit against the bonds
men.
men.A. C. Jolllffe lias been cited to appear In
the probate court this morning and
aliow caure why he should not be punished
for contempt. It U charged that ho has
failed to pay over the sum of $101 to Emma
Qulnn In the matter of the * estate of Anna
Murphy , deceased.
In the suit of O. C. Cowles against the
Western Seed and Irrlgatlea company the
'defendant has filed Ita answer , denying the
debt which the plaintiff alleges due and un
paid. The defendant alleges that the seeds
furnished by the plaintiff , end for the valuu
of which he fuea , were worthier * and not
merchantable.
Mn > - Yet Prove Fatal ,
LIIJKriTV , Mo , , Nov. M.-Wllllam Cnrr ,
condemned to die December 17 for tbo mur
der of hlH child und who swallowed glUHj
yesterday with the Intention of taking- bin
llf > , appears all right Uils morning. The
phyi-lcwns Eiiy , however , that u day. or two
may i : igs before tbn effects of the Hlana
ir-ny he noticed. UnUt.s Carr IH a "human
oxtrlch" his cffortH to take hla life may yet
prove successful , The olllct-rx decided this
morning ir.ut they would chain Curr to thu
\va''l. ' At 10 o'clock Deputy Cuvo went Into
the jail with a blacksmith nnd put u chain
on CUT'H ankle. Cnrr laid on bbi hunk
sn'oUIng while the chain wax fastened to
him ,
(
Ul the Illaiao on lllniNelf. I i
GUANO FOHKS. Nov. 29. Ole Halvrrfin , 1
who was shot at Insler by .Miss Mury Lux-
ton on Saturday night , Is dead. He wus
c nucleus up to the time of bis death and
bet Kid that Miss Luxtoi. might not be
prosecuted , UK he alone was to blame ,
iMtout.nn roil THIS JMM.ILU.
Cold Weather llrlnwn the. .Vnthorttlen
to Consider Charity.
The cold weather drove a great many
homeless men to the police station Sunday
night. The blotter registered forty-three
who took lodgings In the dingy old court
room. The majority of these men class
themselves as Americans , while the Irish
conto next In point ot numbers , and were
closely followed by the Swedes and Danes ,
Of the employments represented there were
twenty-six laborers , two bricklayers , n couple
of tailors , a cook , one clerk and a plumber ,
who Is down on his luck. Among the
laborcrH a large percentage of farm handti
were found , who stated they had Just fin
ished uorklnft In the- harvest fields of South
Dakota , Nebraska and Kansas. Most of the
men said they would remain In the city and
would support themselves by odd Jobs until
the Ice harvest began , when they figured
there would bo plenty of work.
With the advent of lodgers at the station ,
the numbers ot which will Increase as the
winter piogrceses , the pollco arc confronted
with the same old problem as to what shall
be done with them. No provision is made by
the city to care for this cUxs , except to al
low them to be stowed away In the police
court room. No beds or cots of any descrip
tion are provided for thcso outcaHts , the
nurfaco of A hard bench or the floor being
the only choice. Nothing In the form of a
bath or other aids to cleanliness nro at hand.
Last year cases of contagious diseases were ,
discovered among the lodgers , the sick man ;
having been allowed to lie alongside sev
eral other men for an entire night. For
tunately , these dleeasos'wero not transmitted ,
although this was not due to any precaution
upon the part of the city.
& .5caklnu of the matter , Ccptaln Hizo says :
"It Is only a matter of time when some ter-
rlblo disease will be brought to the station
and the frequenters of the court room and
tbo pollco alike will bo Inoculated with It.
All cities of the metropolitan class make pro
vision for the care of thla claei ? of people
and It In high tlmo that we followed suit.
Thn quarters need not be elaborate , but there
should bo some provisions made for forcing
these lodgers to take a bath and also for dis
infecting tholr clothing. This would pre
clude all possible chanceof spreading dis
ease. Another thing -connecticti with the
orwont system Is the fact that the members
ot the Y.OB watch , ' who are obliged to sleep
In the balcony of the court room , are forced
to inhale the air coming from the sleepers
below. Many of the officers last winter rjro-
fcrred to walk about the city during the
hours which wore designated for sleep rather
than endure the unhealthy atmosphere ot
their quarters. Some provision will have to
bo made this year at least as regards the
ofilcera , for a man who has been en duty
during a long watch does not feel ilko being
cheated out of his regular sleep. "
TO ItHAItll.RIj 'MI IS IIKXninS.
.IiulKON Contemplate Some ChiuiKi's In
the Division of I.nlinr.
The annual meeting of the Judges of this
Judicial district will bo held on January 1 ,
at which time It Is probable that several
changes will be made In the assignment of
dockets for next year's work.
At the present time there are three law ,
ono criminal and two equity courts. The
plan as contemplated for text year Iff to do
away with cne of the law courts and create
a third equity court. The judges arc of tin-
opinion that this can bedone. . They argu ?
that the court business had .reached . a point
where all of the Jury eases.can be handled
by two law Judges , the Judge of the criminal
court giving his attention to laxv court matters -
tors when he Is inot engaged In the hearing
of statecases. . The matter has bdert' dis
cussed by all of the Judges and they have
practically agreed that with the coming of
the new year one of the law courts will be
abollbhud. Such a plan , they contend , will
allow an equity court judge to look after
the terms In Burl , Washington 2nd Sarpy
counties without interfering with the regular
work. Under the methods heretofore pursued
this outside work has been divided up am rs
the seven Judges and as a result , when a
. Judge has gone to an outlying county In the
| district , the work here and the cases on his
' docket have been at a standstill. With this
new arrangement the departure of a Judge
fiom the city will not de-lay the court work ,
as the other judges will have their own
dockets to care for from the fiist to the end
of the year.
As a matter of economy the Judges flguio
that the doing away with one of the law
courts will amount to a considerable sum
during the jear. As tbo law now stands
thirty Jurors are drawn for each of the .law
courts , or ISO In all , Including those who arc
called Into the crlmnl-al court. These men
are paid $2 per day each and
servo about 200 days each year With one
that the number of jurors would be reduced
by thirty , which would mean a saving of
$6,000 each year In jury fees alone ,
II12 ATI I OK AXOTIIKH OI.II CITl/.KX.
Amlrow Ciintav Dahlxtroin Siieeiiiu
After a l.oun' Illiit'Nx.
Andrew Gustav Dahlstrom , ono of Omaha's
oldest citizens , died yesterday morning at his
home , 2C30 Chicago street. Mr. Dahlstrom
bad been ailing for at least six months , but
only recently had hla malady taken a seri
ous form. During the last few days bo has
suffered much , it being seen that his end
wns not far off.
Thirty years of Mr. Dahlstrom's llfo were
spent In Omaha. Ho would have been CO
years old in Janua-y next , Thlrty-threo
yeans ago ho left his native country , Sweden ,
for America , and settled In Chicago. Three
years of residence there was .enough and
ho came on to Omahu , where he has lived an
honored life. For the last fifteen years ho
has been employed at the n. & M. hcadquar-
tcrfl offices. Prior to thai ho was In the
postal sc-vlco , being at ono tlmo supcrln
tendent of the Omaha carrier force.
Two sons and two daughters suivive him.
The daughters , Mrs. C. F. Erlckson and Miss
Edith Dahlstrom , live In Onialu. The older
son , Hobcrt , Is In buslnefs In Columbus , O. ,
and the younger , Julius , Is In the ofilco of
the general agent of the Union I'aclflc at
Denver , being chief clerk. No arrangements
for tbo funeral have yet been made , Iho mat
ter being deferred until the arrival of the
sons.
itKAi , KSTATI : IXCIIA.MI : .
TO\UN Trln lletallH Couiileleil | and
Some CoiiiinltteeN .Vainril.
There was a better attendance at the meet
ing of the Heal Estate exchange yesterday
than has been present for t > omo tlmo. The
prcspectlvo trip to Texas under theaUiiplce-s of
the exchange next Saturday was largely tin
caiiEO of this. It was reported that all the
dutalli connected with the trip had been ar
ranged. The cars are to bo decorated wltli
the Ak-Sar-Ben colon- ,
Members Ilobblns , Harder and Rhrlver
were appointed a committee to draft a uni
form contract to conform with the new state
law , which requires that all contracts be
twcen real efitato owners and dealers In
wnlch commltiiikxis are to be paid shall bo 'n
writing.
A committee , coniletlriK of Members Tukey
and Benson , wan appointed to draw up a me
morial to congress , asking that body to
adeot some equitable national ' bankruptcy
law at tbo coming sewlbii.
In answot lo a communication from the
Commercial club It was declared the sem > o
of the exchange that as many of Its mem
bers as were able ( should also become mem
bcrs of the club.
ItiiKi-ru' CiiHlljKleU .
Matt Hogern , a very black negro , wont to
the homo of Cella Tate at 1013 Duvenpnrt
iv reel Sunday niKht and upon holng reflined
admittance , kicked In the panclx of the front
door. The oerupanof the place H'loulcd
m > 1 ! she Furcffncd In attracting nn olllccr
on th < - next brat nnd Hogera was taken tii
jail. The broken panel of the door -AUH
H-own by Mrs. Tate In evidence , together
with u recital erf the tea re she bail sustained ,
Juil o Gordon fined Rogers XJ and con
for hU fun and ho will help clean the streets
tor a fortnight ,
OMAHA i WATER COiMPANY WINS
Dots a Decision in the Suit to Forfeit Its
Ohnrton
JUDGE MUK'GSR SUSTAINS ITS FRANCHISE
Ilia Opinion Ovcrlm MM nt Kvrry Point
Ihe Contention or the Attorneys
Who Hourotoiitoil the City
In the Suit.
Judge .Mttnger of the United States district
court yesterday refused to forfeit the
franchise of the Omaha Water Works com
pany In favor of the city on account of the
alleged failures of the > company to fulfill the
conditions of its contract. The city wns
knocked out on every point on the claim
that the franchise was forfeited be-causo the
plant had been assigned to other parties , that
adequate fire protection bad not been given -J tl
and that pure , clean and wholesome water
w , not being furnished. Judge Mutiger
ruled that the wnter company had performed
Its conttact upon all these points. The
decision , was rendered orally.
Judge Muiger firm -Mid attention to the
allegation made that under the contract the
American Water Works company bud no
right to transfer Its plant or franchise to any
other parties. Theio Is nothing In the con
tract , be holds , to show that any such agree
ment waa made or understood , but that on
the other hand the contract slisws U made
no dllTerenee to the city by what agency the
conditions of the contract are being fulfilled ,
as long as the city has acquired what It has
contracted to acquire. The-com t ruled that In
the advertisement in which It called for bids
for tbo erection of a water works system
and also in the contract , thu city had made
iso of the term "any company or Its as
signs. " From this it Is Indicated that the
city considered that In the course of business
ho company might transfer Its nrcipprty and
t la also Indicated that the city would assent
n ease that the company should assign the
original conditions. Therefore the court
lolds tbo claim of the city that the frauchlso
mil been assigned without Its consent Is un
tenable.
QUESTION OF FIHE PRESSURE.
Judge Munger devoted by far the largest
portion of his opinion to a consideration-
the charge that the company had failed to
afford adequate lire proteotloa. He stated
that the advertisement for > b.ds had been
based upon a report of Export K. B. Cooke ,
In which it was stated that the necessary
pressure could not be secured directly from
the pumping station , sliice that would bo In
jurious to house plumbing. The export ad
vised , therefore , a reservoir system. At
the tlmo the contract was n.ade. also , there
were 30,000 Inhabitants in the city , nnd
there were no buildings except the
High school taller than three
stories. It was consequently con
cluded that sufficient and adequate
pressure would bo secured from a reservoir
located at Walnut Hill , which was 307 feet
above the level of the river and 210 feet
above the plane upon which the city was
located. Thoreforc , In Its advertisement , the
city specifically provided that the flro
pressure should be obtained from a reservoir
situated on Walnut Hill and thus practi
cally described the required "flro protection"
a that which would bo ob.alned by pressure
from such a leaervolr. After \ \ \ & reservoir
was built and the pressure was tested It was
found that a strejin sufficient to reach the
top of the highest building * In the city at
the tlmo was thrown.
Slncu that time the city has grown and
higher buildings have been erected' , co'ri-
tiimes the court , and it Is alleged that the
flro protection became Inadequate. Several
disiistrous fires resulted and the blame for
thU is th-own upon the water company.
ihlB Is b.sed upon a provision which BO'S out
that the hydrants should be of the capacity
and power to afford ample fire protection
within a radius of 1,000 feet without the as
sistance of steam.
Under the contract It la provided that the
water mains shall be capable of wlthatand-
i-Jg a pressure of 160 pounds. According to
the testimony adduced at the trial 10 per
cent of this pressure ! . - lost In every 100 feet
of hcsc. Therefore , after the water has
travcn > e-i from the mains through 1,000 feet
of hose It emerges W..h a 'pressure ' of only
sixty pounds. Accord'ng to thu evidence of
experts , again , ample file protection could ba
furnished the high buildings caly through
ninety pounds ol pressure- after leav
ing the hose. But to sscure this
ninety pounds of preasuro It would
bo necessary to have more than 160
pounds of pressure at tha hjdrants and tbla
was greater than the terms of the contract
called for , cod greater than the mains , aa
costructed under the terms of the contract
would bear.
BLAMES THE FIRE DEPARTMENT.
Therefore Judge Munger concludes that If
adequate flro protection w-s not afforded It
la not the fault of the weter company. it
has erected the reservoir at Walnut Hill
from which the city had said adequate flro
protection would be secured. The fault Is
with the fire department. Experlmco shows
that It Is nccpt-aary for cities In which largo
bulldlygs were locatcj to aid the pressure
with flro apparatus. Tlo : ilfpastrous flrca
were the result of Inadequate and Insuffi
cient flro apparatus , and not of the non-
fulflllnunt of Its contract by the water
works company.
In this connection Judge Munger rules also
that 'the settlement made by t4io council com
mittee with tbo water company Is binding
upon the cl'y. Aficr the disastrous flrcs
mentioned an Investigation was held by the
city courHl committee and the Commercial
club , whoso findings were that the Inade
quate flro protection was duo to thu fact
that the flro department wns Inadequate. As
a result of this ncgotlatUi s were enterel
Into with Ihe wa.er works company , by
which the council committee agreed to pay
ever to ( iio company some $80,00 ! ) In hydrant
rentals , withheld bccaui-u It was claimed that
tbo flro pressure was not adequate , on condi
tion that the money was expended 'In the
enlargement of the mc'i s In tlm central per
tico of the city. The agreement was fulfilled
by both parties , but the city Is attacking Ha
validity on the- grounds -that the council
committee had no right to enter Into such
an agreement. Judge Munger holds , how
ever , that when the council had appropri
ated the amount H knew what the committee
was doing , and therefore bound Itself to the
complete settlement of the difficulties be
tween the city and the company up to that
time.
Judge Murger also holds that the com
pany has fulfilled lt part of tlm contract re
garding the quality of drinking water It
should give. It has not been provided that !
the water chould bo perfect or aa pure and
clear au any water , but that It should bo as
clear and good and wholesome aa could bo
sorurcd from the Missouri rivet * through the
best system of purification and Belling baslna
known. The evidence shows that the com
pany has used the best system It could find
and that it Is giving the ben water that can
bo secured from the river. The council ban
moreover tested the water and has declared
that It Is up to the fcpoclflcatlons of the con
tract.
CITY NOT READY TO 'BUY. '
Finally Judge 'Munger also pasees on a.
point which was not made much of In the
pleadings , but which ho decided wan tha
principal ono behind the effort to have the
franchise set aside , This Is bated upon tbo
PiovUlon In the contract that -the plant may
bo condemned by the. city when It has tho-
money to buy the. plopurty and wanted to-
run the -water works Itself , The rourt holda
In this connection that It must be shown that
the city Is willing and able to pay the-
appraised value of the plant , and nothing of
this kind has been alleged. It has not been
shown that the city 'has on hand the several
millions ot doll.ru that would bo needed or
that It could levy a sufficient tax within legal
limits , or that It could vote bonds for the
purpose. V'ntil such a showing Is made tbla
provision of the contract could not bo asko4
to be enforced.