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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 8, 1897)
THE OMAITA P.AILY BEE ; WEDNESDAY , DECEMBER 8 , 1897. : t BOP FOR LDCbKE MOORE1 Ootrrlctad Ex-Auditor of State Secure } His fieleaso on SUttTIES JUSTIFY FOR FIFTY THOUSAND Clrrk 1'it m iitictl of the Snpreiiii * Court ilH tinlloiitt nml Allot * * thr , Primmer 111 * Liberty Other Lincoln XL-UN. | LINCOLN" , Doc. 7. ( Special Telegram. ) 'A ' bond for Kueene Moore wag prciented to Clcik 1) A. 'Campbell of the supreme court nt 1 o'clock today , the bondsmen having quallikil In the sum of $10,000. Mr. Camp bell took the cntlro ctternoon to Investigate the qualifications o ( the boadsmcn , end at IIB ! request one more- was added , brlnrjlng the total iimount qu'.IUcd for up to $50.000 , or double the emoutit of the bod. These wr-ro crorovjcl at 5:30 : , onJ M ore was re- leased. The boiirtjmr.ii and their qualifica tion * are as fo'.lows : Mrs. Amanda Krhart , Stanton , $25,000 ; L. J. Ilorton , Stanton , $5,000 ; Alice Hart , Dakota C'lty , $5,000 ; J. H. Culver , M.llord , $5,000 ; C. A. McCtoud , York , $10,000. In the case of Gilbert ealnst Morrow In which Judge "C , n. Scott had been served nlth a notice liy the Bupreme court , an nrsttcr was filed today. The AcUcrinan case vent over by stipulation , VERY PINl ! POINT IN LAW. The "Hoard " of inducntionnl Lands and rnmlp held a meeting ycntcrday and to day to consider the potntn In n school land contest case that comes from Qrccley county. It scums ) that soitio time about 1S90 Frank Shuldun & Co. leased a < | Uurtcr section of. cuhool land and later made nil assignment of tlio name to Lovl I > ocltcr , who allowed the rent to hcconio delinquent and the land i v.aH forfcltid In 1S02. A now lease was made to H J Reed , father-in-law of Locker. Reed { Kept the land for aonio time , allowed It to liccoino dclltuiucnt and died before any at tempt was made by the board to collect the tnonuy. A ron of Heed's was appointed administrator of the estate. In August , 1S9G , notice was sent to tha administrator of the forfeiture of the lease , the notice 'being by registered letter , sent to the usual | )03tolllco ) a dress of > Kccd. Tlio letter was Teturned uimpuncd and the supposition being that Reed had moved away , service i\as had by imhllcatlon In one of the county papers. This > ear the lease was advertised for sale nl auction , along with these of the other vacant Inndn Ir * Grecley county , and nt the auction was ipurchased by a man named Yonlc , wfco paid $1 bonui to Ret the lease Now Lovl Locker comes forward and protests nrtalnst the last lease und has deposited ? 'J2 , thu amount of the back rent. In the olllce of the county tioasurcr. Ho claims to have a verbal assignment of the lease from the clcr iRccd , now deceased , awl maintains that the notice by publication In the no\\s- impur was not sufilclcnt , the parties being residents ot the county. The board today Dield that Locltcr , being ono of the hclra of Reed , cannot 1iold the land under a ver bal nsslgmnc&t unless ho now gets the sig natures or quit claims from the other heirs and haa referred the matter buck to Locker in order that ho may perfect his title. In the meantime the board Is divided on the question ot the sulllclcncy of the notice , and an adjournment was taken so that an investigation , could be made. It Is desired to Hud out from the records of the postofllcc whether the registered letter was sent to the correct ad'dress ' and whether the admin istrator of the Reed estate know of the letter l > clng In the office and refused to receive it. The provision of the statute Is that it the dellnnent lives outsldo tlio state , or if his address Is unknown , service may bo Jiad by publication. The board will go Into the matter thoroughly and make a. decision on the sulllclency of notice that will be ot use In future cases. . ATTORNEY GENERAL 'AND ' URIELS. The attorney general has not yet filed a brief In the Homo for the Friendless case and the attorney for the society , taklnj nd- vantngo of that fact and also With the In tention of hurrying the matter along , today filed an application for a writ of mandamus to compel the Hoard of ( Purchase and Sup plies to pay over the part of the state ap- jiroprlatlon that has been held up since July. Tiio governor and the state auditor are also r.umcd In the application. Slnco the con troversy was commenced the society has been paying the expenses of the Institution from Its funds , but IMS In all cases prc- ecnted vouchers to tnc auditor and demanded payment out ot the appropriation. The motion of C. O. Whedon to dhmlas Hart ley beeauHo of the delay on the part of the attorney general In filing 'briefs was over ruled by the supreme court this morning without argument. The attorneys will ha r.otlllod this afternoon of the time when the court will bo ready for the hearing cn Hartley's appeal. It Is expected that It will Ibo taken up tomorrow morning. LINCOLN LOCAL NOTES. The Commercial club has leased the prop erty Known as the Yciing Men's Christian Association building and will take posses sion soon. It has not yet been decided where io Young Men's 'Christian ' astocUtlon or ganization will bo quartered In the future. The lest of a eerlM of lectured by A'Sdrow Ilosowater , city engineer of Omaha , was Klven before the civil engineering depart ment of the University of Nebraska labt night. Thceo lectures have been of great Interest to some , outsiders aa well aa to thp class , The State Journal has filed a motion ask ing for a relaxing of the costs In the case of M'ato Mary Mobs against the State Jour nal for libel. It will be remembered that Miss Mess secured a verdict for $100 and costn. The defendant asks that each side tinv Its own costs. The Nebraska Conservatory of Music gave its first recital for the season before a large nnd appreciative audience. All of the per formers were young , but several of them showed consldciable musical ability. Holy Trinity Church people' will glvo a novel entertainment at the New Oliver to morrow night. The first part Is mode up of o. series of living pictures , the second of musical selections and tlio third cons'gtd of a two act comedy , "Naval Engagements. " The progrsm of the Woman's club meeting yrstcrilay afternoon was given by the de- partmoot of child study , and proved to be the moat entertaining one given this year It wan announced that the club cleared $130 on the James Whltcomb Rllcy reading , ( which nmount will bo added to the current expense fun'l , At the council meeting- last night Health lOfilccr Rohdo submitted the following report tor the month ot November : " ( Mortality Accident , railroad , 1 ; anaemia , 2 ; apoplexy , 1 ; appendicitis , 2 ; llrlght'a disease , 1 ; can cer , 1 ; croup. 1 ; cancer of illver , 1 ; convul sions , 1 ; cholera Irtitantum , 1 ; ccrcbro'sptnal znonlngltls , 1 ; canllac-thombosls , 1 ; dlabetls myelitis , 1 ; disease of stomach , 1 ; diphtheria , J ; fatty degeneration of the heart , 1 ; heart failure , 1 : jaundice. 1 ; lung fever , 1 ; maras mus , 1 ; old ago. 2 ; 'pneumonia ' , 1 ; peritonitis , } ; 'paralysU ' of heart , 1 ; stomach and kidney Itching , raly. llctdluif pilmi , iliaprlcw nalli , cud painful linger emii , jiiinnln , tlacVhcadi , cllf , mothy tklo , dry , tUIn , nnil fallloK lialr. Itch , inc.tcaly tculpj , all ) lelj quickly to warm kathi with CUTICURA. Hoi ! , mid gentle ouolntlDg * with Cirricuiu ( ointment ) , tbo great ( klo cuiv. liioMthnu IX r.S I - - _ , - . . . Mlle la Vntutt taK , Whin IIul * , " ( . HUMORS rompJalnt , 1 ; uhocJt from Induced labor , 1 : tplcal meningitis 1 ; typholl fever , 1 , ulcer- atlon ot stomach nnd bowels , 1 Total , 32. Mnled , 1C , females , JG. Whke , 31 , colored , 1. For corresponding month last jcar , number of deaths 20. " Omaha people nt the hotels : Frank Uur- nian , L. 1) . Holmes , II. T. Leavltt , H. S. Churchill , V. 0. Strlckler , O. H. Mitchell. At the Lincoln O. J King , J. E , Rlley , Ocorgo W. Wright , Frank Wright , E. M. Ilartlott , Ctnrles Miles. K. J. McShano , V. P , MuB-iclman , W. O. Gilbert , S. D. Gllmorc. MUST DO Pr WITHOUT HUJ U HIII | > - ( Illlppr * Oft 1'ny Only When the .SlittntrrriiliUH II. LINCOLN , Dec. 7 ( Special. ) The attor ney general has written the. following letter In answer to an Inquiry about fees and com pensation of officers : LINCOLN , Dec. 7. M. H. Fleming , County Attorney. Crete. Neb. ' , Dear Sir Your letter of rcctnt date was duly re ceived , In which you Inquire whether or not In the opinion of thin otr.eo the county judge or your county Is entitled to nny ooinixMiRntlon for ths services performed by him In appointing Judiics nnd clerks of olecllon. there being no statute providing for BUoh compensation. I nm of the opinion that he Is not. The right ot n publfc olllcer to compensate Is n cruitme of statute nnd docs not arise by reason of contract. Thote "who ncccpt public olllces which require them to rcn- dor services to the state must tnUe the olllco cum ontrn. The rendition of such service li grntutltous unless by express Htattitory provision , compt'iiBatlon fixed nnd nn express liability for Its payment Im posed on the state. " State against Brewer , ft ) Ala. , 131. A promise to pay nn ofllcer nn cxtrn fee or sum beyond thnt llxed by law Is not binding , though he renders services nnd ex- crclooH n degree of diligence greater tlmn could loyally have been requlr d of him. tlccnturc"nunlnst Vcrmllllon , 77 Illinois , 31G Thin case IB to the point , that the public nnfliorltlcs cannot mnlto even n binding contract to pay nn olllcer for services which the law docs not provide nny com pensation for ; that the officer must per form not only the duties attached to hit otllco hcn ncceptlng the fame , but nny additional dutl s which may be Imposed by lawful authority without additional com pensation unless the sumc Is provided for by ntatute. To the same effect la Sidney against Commissioners. 120 III. . 490. In Sampson against Rochester , CO N. II , 477 n person wns appointed ns a police olll cer nnd he accepted the appointment The Htntutf provided that police otllcers should receive such compensation ns might be \oted by the town. No compensation wa > < voted for this olllcer ; he sued for the value ot hl services. The court held Hint he could not recover. This Is In line with the Alabama case supra , which holds that the services of nn olllcfr nro prntultous unkhs thu compensation Is fixed by stntute. In other words , thnt ilglit cannot rest either In nn express or nn Implied contract ; It rests entirely on the stntute. In State against Silver , fl Neb. , So , lhe supreme court ot this stnte said "a public ofllcer must discharge all the duties pertaining to his olllce for the compensa tion allowed by law , nnd will not be al lowed compensation for cxtrn woik unless It Is authorized by statute. " To the Fame effect Is Uuyhn against Webster County , IS Neb , 131 In Ileald against Polk County , 46 Neb. , 28 , the court said : "When the law prescribes the duties of a public olllcer nnd fixes the compensation of such olllcer , ho must perform the duties required of him. by the law for such com pensation " It Is true thnt In nel'ber of these cases wns the exact question presented by your Inquiry before the court , but I take It , the principle decld'd by them Is Identical with 'hn pilnclplu that must control with respect o your Inquiry. It IH conceded tlmt there U no provision of thu statute authorizing the payment of any fees to the county judge for services rendered In appointing fudges and clciks of election. The right , therefore. If nny , of these otllcers to fees must urlsp. If at nil , from an Implied con tract on the part of the county to pay for the additional services required by the state. It is upon this theory , ns I under- utand it , that the Judges bass their clam. They say that because they were by the stuto requited to perform these services there Is an Implied contract to pay them the reasonable value of the Services. As We have seen , their theory Is not sound because , HO fur ns my Inquiries have gone , all the authorities nro , to the effect that the right of a public olllcer to compensation Is never the cienturo ot contract , but arises , It It arises at all , from the stntute. Very respectfully , C. J. SMITH , Attorney General. I'OUI/TIIY SIIOW OI'E.XS AT G12XUVA. Severn ! Hiiitilrril 1'lue F ml Arc on Inhibition. GENEVA , Neb. , Dec. 7. ( Special. ) The annual exhibition of the Souta I'latte Poultry association opened today. Between COO and 700 birds of various kinds are on exhibition , four counties participating. There are a great number of breeders In Geneva alone besides many In different parts of the county. A party out hunting 'In a field of stalks In the vicinity ot MIlllgRn on Saturday last found the dead body of Joseph Kllma , who faad been missing for several days. The cor oner's inquest founl cause of death un known. It Is suppcEcd that the deceased bid several hundred dollars upon his person at the tlmo of his death. The last cent of debt upon Trinity Episco pal church of this city was paid Sunda > through the church gtvlld. Rev. John F. Klrls left tdls work to accept a call at New Carlisle , Ind. , this week. Kei-rt-t Society Ollleem. SUPERIOR , Nob. , Dec. 7. ( Special. ) At tholr regular elections last week the follow ing orders elected officers : Old Abe post , Grand Army of the Republic Commander , Wlllltn Phillips ; senior vice , E. T. Limes ; junior vice. Ell Vnlo ; quartermaster , W. It. Roberta ; ofllcer ot ihc day , F. N. Brokaw , outside guard , Joseph L'arton ; chaplain , S. Illldrc'.h ; sergeant , H. F. Heltnun ; delegate- to state encampment , W. L. Hllyard ; alter nate , Ell Vale. Women's Relief Corps President Mrs. Kozlah IJcsscnntn ; ituiuiue , .uia. ijui.o Klus ; Junior vice , Mrs. Sarah Felt ; trcon- urar , Mrs. Rebecca Vale ; chaplain , Mrs. Tl- \lra Hick ; conductor , Mrs. Mary Madscn ; guard , Mrs. Mary Camp ; delegate to ttato conveatlon , Mrs. Sarahl Felt ; alternate , Mrs. Jennie King. Woodmen ot the World C. C. , II. C. Ward ; A. L. , S. Madscn ; II. , I. Campbell ; C. , W. 0. Hums ; E , , J. Anderson ; W. , George Curry ; S. , C. Davidson ; M. , E. II. Young. Chllilreii Will Aid. GRAND ISLAND , Neb. , Dec. 7. ( Special. ) The Hoard of Education at Its regular mooting last night acted upon the communl- cation received Borne tlmo ago from the Hoard of Directors a > t Omaha proposing to the children of the public schools to take sharca In the Children's building at thu exposition at 6 cents a share. The committee to which the communication had been referred re ported allowing the teachers > to collect tha contributions , provided , however , that they Impress It upon Uio pupils that subscribing on their part ( a voluntary. llnlerlu-U ( < UI > K to .Tall , HUMHOLDT , Neb. , Dec , 7. ( Special. ) Joseph Holectiek , who was jesterday taken to tno Falls City Jail to await trial' on a charge of mur- der'ng ' his wlfo , beforeleav'ng deeded to his children , ten In cumber , almost his entire property , consisting ot over 300 iicraof Improved land and stock and other property , amounting in all to several thousand dollars. Ho rescued for his deftnso In the coming trial only a small sum. It Is rumored that rjmo sensational testimony may be sprung by the defense * when the case comes to trial. OlIletTH of .Maocaliei-x. GRAND ISLAND , Neb. , Dec. 7. ( Special. ) Oermanla tent No. 11 , Knights of the Mac. cabees , last evening chcsc tha following ofil- cera for thu ensuing year : P. C , , Charles Hleck ; C. , John Knlckrehm : L. C. , llu.i Neu mann ; R , K. , August Mt > er ; C. , Louis llraiult ; P. , Herman Melinite ; S. . Charles Ilchivns ; M , at A. , G. Sothman ; M. ot a , , John Dohrn ; 2d M. ot G. , Anton lllschelt ; S. , C. Sothman : P. , Charles Joehnck ; T , , Fritz Kruse. The or-Jer decided to glvo an entertainment on January S. ! , < > < ll IIiuiil , BANCROFT , Neb. , Dec. 7. ( Special. ) Samuel Campbell , a retired farmer -who lira for the last year been making hla homo with bis 'brolher-ln-law , O. S. Hrooks , four mtlco west of this place , bad his left hand badly crushed in tbo gearing of a cornehcller. Amputation was necessary. I'lncfd Under Arrext. FRANKLIN , Neb. , Dec. 6. ( Special Tele gram. ) United States Deputy Marshal Frank Cirber wruted , today fritz Gougticr on charge of ptnslng counterfeit money aad left with hla prisoner on the train tc-alghl for Grand Inland to appear before the commis sioner to have him bound over to the gtand Jury. Mr. Goughcr Is a farmer living weot of Uloomlnglon. MnMinlc Aiuilvernnr } ' . CERKSCO , N6b. , Dec. 7. ( Special. ) Thb Masonic lodge ofthis village gave 1M third annual banquet last evening commemorative of the organization of Comet lodge No. 223. After a banquet and munlc.il program Judge W. W. Kcysor of Omaha dsllvcrcd ( ho ad dress of the evening. IVUy thieving has been going on In this vicinity for some time. Com .Shipment * nt Mcnil. MEAD , Neb. , Dec. 7. ( Special. ) During the month of November seven cars of corn were shipped from this station , and the total would have been over a hundred It the road could have furnished the cars called for by the elevatora. One elevator has over thirty cirs In Its elevator ready for shipment ns eoon as cars can bo secured. ' I. O. ( > . F. Hull. RED OAK , la , Dec. 7. ( Spoclal , ) Ground was 'broken yesterday tor a building to be erected by the Independent Order of Odd Follows' lodge nt this place. H Is to be n two-fl'.ory building , the upper floor to be used by the order nnJUho lower for olHco rooms. It will cost t7.GOO. Dinner to n CneM. BIG SPRINGS , Neb. , Dtc. 7. ( Special. ) A very pleasant affair ws the dinner given Thursday evening by Mrs. B. A. Phclps In honor of Mr. E. J. Bennett , C'lo of the pioneers neers of Ulg Springs , who for several jcars has resided In Denver. lmiee-He > I Mil. BERLIN , Neb. , Dec. 7. ( Special. ) The Berlin cornet band gave a dance Saturday evening which 'was ' well attended. The revival services will continue for anoUicr week. PIIKHCI ! Counterfeit .Money. HLOO.MINGTON , Nob. , Dec. 7. ( Special. ) U.alted . Stolen Marshal Donnella arrested Fritz Gougcr , a farmer living thirteen miles oouthwcut of here , for passing counterfeit silver certificates. Onrulwll at IliiNtlHKx. HASTINGS , Neb. , Dec. 7. ( Special. ) The Nebraska Sta.lo . band is giving a fair and business men's carnival tills week. Veln-iiNkn. Xi-iiN .Vote * . Pender people are talking of putting le an electric light plant. On Monday the boiler In the Randolph EChool house heating apparatus burst from some unexplained cause. H. W. Conleyhao put out the first a um ber of the Rock County Eagle at BasEftt. The paper will bo republican In politics. The Norfolk waterworks show net earn ings of | 333 42. Thto is la addition to the services rendered for all public purposes. The mortgage Indebtedness of Scottn Bhift county wcat down , with a bigger jump during November than In any month la our h'story. ' The amount filed wns J4.428.GG and the amount cancelled $22,090.35 , making the net reduction $17GG1 79 , R. Brandt from Man'stee , Mich. , Is In Gothenburg and will have charge ot the dredge boat which will be started by the Gothenburg Power and Irrigation company as soon as the weather moderates and It will cot bo stopped until the canal will be twice as large as at present. A family of movers are stranded la Wood River. Thcro Is the husband and wlfo rnd S9ven children , the oldest being only about 15. At Kearney one of their horses was killed by the ears , at Sheltoa ono of the Ittlo boys 'broke his leg , and at Wood River another one broke his leg. The 2-year-old child of Charles Houser ot Dnbo'.s got hold of a can of lye and drank a portion of it , baaly burnlug Its mouth and throat. For a time Its llfo was despaired of , but by prompt attention the effects ot the lye were overcome , and the little one Is now gettlg along nicely. HIIlTIAMliX HOLD A. CO.VKISHEXCE. Ailjntnnt Generals Jtolit a Contention nt St. I.oulN. ST. LOUIS , Dec. 7. Seventeen states were represented by their adjutant generals and other military officers at a meeting at the Southern , hotel today , which will continue In 3cssloa two dajs , for the purpose of advanc ing the interests of the militia of all the states. The states represented are Ohio , In diana , Illinois , Iowa , Wisconsin , Minnesota , South Dakota , Nebraska , Kansas , New Mexico ice , Oklahoma , Arizona , Texas , Tennessee Missouri , Wyoming and Colorado. A large number of other states are represented In the movement , but for unavoidable reasons are not represented. Adjutant General iM I- ' . Bull of 'Missouri ' , who Issued the call called the meeting to order and spoke of its objects. Mujor Zlcgenhcim made an ad- dtuss of welcome , after which the business ot the meeting was proceeded with. Letters were read from the adjutants general - oral of Psnnsylvan'a , Mlhlgca , Cola-ado anc other states , regretting their Inability to be present , but extending hearty greeting and promising earnest support of everything dent and atten < ! anco at futuio meetings. In hlr letter , Adjutcut Gcne.al Casslus M. Moultoi ot Colorado said ; "The National Guard will have to bear the brunt of the next war , ami wo ought to be prcyarcd for It. " This semi- mcnt met the approval of the delegates. General Henry A. Axllno of Ohio was ri.- polnted chairman of the committee to diav , uo the resolutions and by-laws. His asso ciates on the committee were General Bend of Minnesota and Gtucral Sykes of Tennessee Colonel Corby ot St. Joseph sounded the watchword of the association , when In c generil dlscubslon ho demanded cf the United States government an arproprlatlon for the Nat.onal Guaid. \VIT.MSSIS TO FACI : vim JURY. Juil u ( Jury IlrnrrniiuiM Court Ileum for LuotKiM-t OHMI- . CHICAGO , Dec. 7. Judge Gary ! -ns ajop'.oi the same arrangement for his court room dm Ing the Luctgert hearing as was Intro duced by him during the famous trial of the anarchists. The jurors are arranged In two rows before thu bench. Only the backs of the jurors' heads can bo Ecen by Judge Gary. On. the same level with the Jurors and a few feet away Is placed the witness In the chair. The witness will sit directly In front of the Judge and Jury. It Is hoped that the Jury wll Ibe , completed before night. CoiiNiiHiiMoit of I mil an a II-IIIIUTHH INDIANAPOLIS , Ind. , Dec. 7. Nearly 2W influential Tr.en of thc/dcmbcratlc party , rep resenting every section of the state , nn- cwsrwi the call of Parka M. Martin for a meeting of the state committee of thirteen olllcl.illy. to flx January S iu the data for thu district meetings to elect a ria.Dtatu committee. n ? ! des the members erf the state ere ? .I- z.itlon the general meeting contained m.iny party representatives' . Among tliese latter were ex-Oovernor Claude Matthews. John O , Shanklln , Hush DauRhcrty , S. AI. RilHon and ex-CongicsHinan John E , Lamb ct Terre Haute. For two hours thes ? party lendeis dlsrmvpd the lAoUnra of the pirty In the ttnto. OT one thins the meeting was agreed nnd that was that th Chic IRQ platform shall bo ulllrmed. Itnllroail llot-M .Not ( Htii the l.aUe. CHICAGO , Dec , 7. Judge Fireman ot the superior court decided todny that the Illinois Central Itnl'.road company bml nc right to occupy the submerged lands of the Inko shori' between Twenty-lit.b and Twenty-seventh stmts und dismissed Die- bill asking for un Injunction restraining the city from Interfering with the wcik 01 Illllns In the land In qucxtlon. The court also dismissed I ho rrofs bill tiled by the city , which afcktd for nn Injune'ilun to re. strain tlio railroad compuny from prjcti-d- Ing with Its work , holding thnt thp clt > bad no right to Interfere. The railroad company took nn appeal to the supreme court. Til ) lor nUpli'imccl vtllh tl" ' Mcxxiijve. MOBILIC , Ala. , Dec. 7 , Hon. llannls Tay lor , ex-minister to Spain , has given out ar extended criticism of the president's mes sage , or that part of It referring to Cuban affairs. Ho expresses thu hope that con gress will refuse tn net upon tno president's suggestion but will recognize the Insurgents. Ho predicts that Cuba , without the uid of thin country , will win Its light In one year or eighteen months and will then bo In position to throw Its friendship to eomo other power. With the help of this coun try Taylor ays Cuba , would lie Xreo In a very ftw monins. 'lUlMIJISiU BAUVfliTON1 Family Bounlon Aionnd the pnoh of the Dying Womiru , , MOTHER RALLIES AND rECpGN'2-S ] ' HIM Speedily I.ntiNen Into I'ticnnnclnnnncKPi nml Doctor StiiU-n SJie/'li ! ( it-uu- AVenkor l.tUcljto I.Ue Out the Ilnj- . CANTON , 0. , Dec. 7. Oace more the chil dren of Mrs. Nancy McKlnlcy have- gath ered around her couch , Ths reunion Is com plete. The president arrived before the death fitigcl had made'his visit and took with him the spirit of the aged mother. With the children were- other relatives , among \\hom vine the aged s'fitcr of Mrs. McKlnley , Mrs. Abigail Osborne , mother of Consul W. M. Ofthonnc. The eceno was a pathetic one that beggars description. In the midst of It alt there was a joy unspeak able In the breaet of the president. He had again been permitted to see h'e mother alive. Ho had answered all the obligations of his country. Ho had fulfilled hie vows to his people. Ho had witnessed the assemblage ot congress and had been cheered with the nous at the same tlmo that h't > mother u < m better. la the little upper room at the McKlnlcy homestead this morning there was a sconu almost too sacred tor ucn to nrltp. The ejca of all prese.H were filled with tears as they witnessed the remarkable and almost miraculous rally of the president's mother from the unconscious state Into which she had fallen In the early morning. As her son entered the room accompanied by hla wlfo aad Miss Mabel McKlnley , the s'ster ' of the president , .Miss Helen said : "Mother , hero are William and Ida. " The president kneeled by her bedalde , kissed his mother tesderly , reverently , and as he diet so she put her arm about his neck and s'gnlfled that she knew him. She also recognized the president's \\lfe and reached her hsnd toward her. She recognized Mabel McKlnley and Jack Duncan. It seemed to friends that she hart been awaiting the arrival of her e : n. RCLAPSHS INTO UNCONSCIOUSNESS. Soon after she lapsed Into an unconscious .state and the strength that had been hus banded for the bat meeting of mother and j ' son seemed to leave her. An hour after his arrival the president eat by the beJsldo holding the lund of his mother. The attend ing physician was ntirprlsed at the remark ably rally. At 930 ho said she \\ns growing weaker , but ho thinks she will live through the day. At 5 o'clock this morning It was thought by those In attendance' that the president would not arrive before the aged mother had , died. I'o was Informed that such was I thought to bo the condition. Ho was anx ious to get to her bedside. The run was a I rapid c o from I'ltte-burg , but there was a slight de'ay there In making the transfer to the Fort Waynetrack. . The presidential party was made up of President and Mrs. McKinley , Secretary and Mra. Day , Miss Ma. bel McKlnley , Mtes Mary Harbor and Jack | Duncan. The trip was made In the spec'al ; j coach , Newport , and \\sa without special In- I cldent. The party was met at the station ' by Abner McKlnley and Charles II. Mil ler , i Dr. Phillips , who was present at the tlmo of the president's arrival and the recognition , raid that he had never known such a rec ognition to occur in a case where the pa tient was as advanced In'years. It Is plain to the president , however , that despite the rallies f\\a \ has had , his , mother has been felling elnce ho left. "Mrs. McKluley Is resting quietly" was the word given out at the McKlnley residence at 11 o'clock. The president has remained near her ever since his arrival. Dr. Phillips loft Mrs. McKlnley at 1 p , m. She was at that time entirely uncon scious and resting quietly , . She has taken no nourishment for twenty-four hours. The doctor believes 'the ' patient Is stcadllv. though slowly , growing weaker , but can make no prediction as to ths hour ot final dissolution. The piesldeut has remained constzr/ly at the Indsldo since his arrival an 1 Kept to- nlght'a vigil , relieving others of the children who lhavo been BO constantly at the bed Me. He remained1 closa 'to ' 4he house all day , goIng - Ing out only for a llttlo air and exorcise , taking a walk near the house. vsic FOII A cn won ix covrnor , . Solillcro * HO H 'K In Clinrne of Si'c'rotnry ofVnr. . DAYTON , O. Dec. 7. A petition signed by 700 vcternr. Inmates ot the Central Branch Military home , near this city , was mailed this evening to Senator Hanna in Washing ton to present bolero congress. The petition b stronp , and in rcspscttul terms nustalus the proposition , of General Dre = kcnridso , inspector specter gecsral of the nrnty , to change the management of all soldiers' homes so that t' 11 secretary of 'war will hove direct con trol , the snmo as the regular homo at Wash ington. The veterans especially commend the recommendation of General Hrecl'.enrldge providing for commutation , $ S or $10 a month , wtot'e o-i furlough or permanent leave from the homo , as this money , In addition to their pans-Ions , would enable them to live comfortably with their families away from the soldiers' homo They urge that room will tliUH 'be made In the homes for destitute sol- dlors who arc now barred from the over crowded Institutions. CorporntlniiH Ilreliirt * Dividend. * , NDW YORK. D. c. 7. The dl-etors of the Chicago & Northwestern ral'oad have to ! clarcd the regular quaitcrly dividend of li per cent on the preferred stack and the regular seml-annua1 dividend on the com- mo.i stock of 2 > fe psc cnt. NKW YOnK , De ; . 7. The Western Union executive committee toi'y lecimmcmlel that the regul-r qua tcr'y dlvIJend of IVi pe- cent bo declared ft iomcrjov'e meeting. Hunk OlIlct-rH 1'lciiitot : fiullty. KANSAS CITY. Dec. 7.-D. V. Ultscruul II. I ) . Covlngton , former iprcc'dPnt ami cash ier , icspUveIy , of th ? Mlssouil National bar'- , uppuarcd' btfro JuJgo Iloseis In the United States dli'rlct court tnls rftcrnoon to answer Indlet nsnts uijaln , charsInK m s- app.lcutlon of the bnnk' funds' , cmb-nvi'e- mont and fulso ciitrlep. They i > ! eiil ( i not BUllty , nml guve bond for J100CO each for their app arance on the llrst day of the Bprlng term. , . , Api'dilM tin- \tit-'FriiKt CIIKOH. ALBANY , N , Y. , Dec * Attorney aen- eral Hancock today ir.et Vin& se.ivcd notice ot appeal In llvei fo-calld''Kntl-truBt { cases from the order of tho. ftppolliito division. ThlH appeal laiill bilnff fip th ° constitution ality ot the law and the'mMhods ' prepcrlbfd under it for the examlrtnUJon ot lAl' I.ti run Illoun ti > KrfKinntri. ) . l'O3TOItIA , O. , Dee. ' .l--cAn cji.ilo Ion In Uc. mixing room of the Aitw'cnn Qlycerlno conuny'8 ; fnrtcry , cnatt otliradley , tltU morning tconip'otcly dcrtrnj-rd the bul'dln ; ? anil blt-f ; D.inlcl Unran 'lof Iftmllay to fntr- iru 'i , I antn win 40 yfufs of age iiiul loaves n family. , , , , , rifsliiCNM 'I ruulilrii ( if n lny. ) JIANKATO , Minn. . Dti0. ' 7' The Mnnknto knitting mill inaiJo an ° isirment toduy. The recent failure o' I'rt > | flpit ) WIKnrd was tie Imtntdlato cause oAitiu ! fjl'iire , I.l.iblll- ties , Jio.OJO ; an et not Vihlalimblt. ir uilvcv. NDW YORK. Dec. 7. Tau steamship SI IV.ii' , xjllinc for Kuropu tonurnw , will take out COVKX ) ounces of Bllverund "OOSJiif xlcan dollarj. nis.\i'i'oi > TKu ix Tim MHSSAOP. . t'rmiitcnl of Cntinii-Ainprlcnn l.cnRnc ritiiln fntilt TTlth HIP Uociimpnt. CLBVUbAND , O. , Dec. 7. Herbert W. SVolcott. president of the Cuban-Ajucrlcan , lenguo , gave a Btntcment for publication yes terday regarding the Cuban clause In the president's message. Ha wild : "I sco by a morning paper that the atti tude of McKlnlcy on the Cuban question Is gratifying to Spain , according to Scnor Dupuy Do Lome , the Spanish minister. Slnco reading President iMcKlnlcy's message this afternoon I cnn readily see that , and I think that his position Is much more gratify ing to the Spanish than It Is to the friends ot Cuba In this country. To tell the truth , I nm really disappointed. I had not ex pected very much on account of the late news from ( Washington , but the president shows by his message that ho will not do anything now , and probably nc\cr. Ar. < l this cannot , of course , but disappoint frlends of Cuba and those 'Who ' bollove thnt the president should Aland more nearly an the platform ot hla party , which declared that this government should use Us good olUces to brlctg about the peace and Independence ot thu IMnnd of Cuba. "According to President McKlnlcy the granting ot belligerent rights would be a good thing for Spain ami a Kid thing for Cuba , but , very singularly , the prominent Cubans In this country desire It. and thu Spanish minister , and these like Senator Halo who approve of the Spanish cause In the Island , are eoposed to granting It. "I hope that eongresa will bo more friendly to the Cubans than the ptcsldcnt , and that comethlng nuy > ct bo done for them within a short time. " T. Estrada Palma , representative of the Cuban provisional government In the United States , commenting upon President Mc- Klnley's message , according to the Herald , says : "I did not expect any recommendation to congress for Immediate action , but thu president has lett congress to decide- the tlmo within which an enduring peace must be established In Cuba and Intimates the necessity of haste by the use In this connec tion of thp words 'In. the near future. ' He further ta > s that In case of the failure of Spain < o pacify the island with the scheme of autonomy American Interests , humanity and civilization will demand forcible Interven tion. As Captain General Blanco himself admits that the Cubans In arms will not ac cept autonomy the tlmo the president speaks of has arrived. "It will be noticed that the- president docs not even suggcnt the acceptance of autonomj by the Cubans and It Is evident ho would not have written the last paragraph In the termfi ho did If he believed that autonomy would brlns peace to Cuba. " Mr. Ilenjauiln Dlgorga , formerly a mar ch.nt ot this city , but at present connected with the Cuban delegation and a brother o' Senor iil30 Illgoiga , said to a reporter : "The granting of autonomy to Cuba by Spain proclaims to the world the- Justice ot the Cuban rebellion and the right the Cubans had to appeal to arms , since only through force would Spain line been compelled to grant to Ctib.i what is but a mcic semblance o : homo rule. Ilut It Is now too late c\en fo- the most ample form of autonomy , which 1 * i.ot what Spain Is ready to concede. "Spain's autonomy will be such ! n name only and lor the cxclusUe use of the ipsl- dcits of the pott * and of the fe-v Intfflor towra held by the Spaniards. The Cuban patriots now In armc. who are the only on"s to dec'de. w'll nexer accept autoromj ; thoj have declared It time e.sd . aga'n ' ; they aie Hunting for absolute Independence 'ind th.1 offer of autonomy they corolder a plain I a\owal "by Spain that her oause Id lost. "At the beglnn.ng of the war , when Mar shal Martinez Campos suggfstcd reforms for Cuba , a prominent Madrid newspaper replied to him. vo'clng ' public opinion , that they would fccidto Cnto 'not reforms , but gunn ' Genetal Wejlcr went soon aftei to Cuba tc i carry out the policy then in vogue. Now when all Spaniards fep Spain's cause Irre vocably lost , as blichao no money and no I credit , no more men to send to Cuba and Is threatened with a Carlist war at home , be sides that waxed against her In the Philip pines , they a > c exceedingly anxious for the Cubans to accept autoiipmy. Why did the > lefuse ill before ? Iiee-tusp they considered themselves otrong and Invincible. Why do they offer it now ? Because they are con vinced of their defeat. This Is a signal vic tory for the Cuban arms , since through force Spain concpdcs at present what she formerly refused to grsnt willingly. Spain desires tc end the war In Cuba quickly , but she can only dp eo by acknowledging the independ ence o'f the Island Ne\er before wae Cuba so stiong as she Is now. Spain has never bsen so weak s nco the war began. It Is ri diculous to ask the Cubans to give up when victory , final and decisive Is about to crown their efforts. " nvij iiuMiiinn MIVHIIS STUIICE. Want Conl Wol Iie l Ilrfnrc It Is SorooiUMl. PITTSBURO , Dec. 7. The EOO miners om- plojed In the NoUlnshini and Cermania coal mliioj of Henry Florcshcim , cn the Wheeling division of the Baltimore & Ohio , struck to day because of the refusal of Floreshelm to vclsh coal Tiofore It Is screened , In accord ance with 'he act passeJ by the state legls- ature last winter. Last week Judge Fraslcr of the county court declared the act un constitutional and Fhrcshclm at once re moved the scales from the mine. A mass neetlng of all the miners employed on the Wheeling division hrs been called for to morrow1 to consider the question ot refusing ; o work If the ether operators follow I'loreshclm's example. VOItUCVST I-'Oll TOUAV'S WHATIItSlt. I'rolmlily Kit 1 1iiniT "Warmer , Southerly WluilN. WASHINGTON , Dec.Forecast for Wednesday : For Nebraska , Iowa , Mls&ouri and Kan sas Probably fair und warmer ; southerly winds , For South Dakota Probably fair ; warmer In cnsUrn portion ; south to vcat winds , For Wyoming I'aitly cloudy ; local show- rs In western portion ; slightly waimcr In western portion ; Eoutiu-ily winds. Local Krcnril. FFrCK OF THE WKATJH3R DUItKAU , OMAHA , Dec. 7. Oma'ia n-cord of rnln- fnll and temperature compared with the corresponding day of the latt three years ; U)7. ! 1S91. ISO" . . 1SOI , Maximum tempcr.ituro1) 31 2S CO Minimum temperature . . . lii " 0 20 41 Avpniffc. temperature . . . . 31 fl2 21 W Itulnfall 0 T 0 0 Hec-ord of temperature and precipitation at.p.'mihn for this day und since March Normal for the day ; 29 I2xces for the dav , c Accumulated excess since March 1 401 .Normal rulnf.ill for the day 01 Inch Deficiency for the day 04 Inch Total rainfall Hlnrc. .March 1 18.01 Inches Dellc-lency since .March 1 10.87 Inches K < CCOPH for cor. iptrlod , ISM B.S1 Inches Dcliclency for cor. period , 1895. . , . 10,21 Inches Hciioi-lh rrcnii .StntloriM nt N ji. in , , Seventy flfth meridian tlnu. STATIONS AND BTATI3 Or WCATIIUIt. Omaha , clear North I'lulte , clear fait 1-al.e City , clo. Ciuxnnr , partly cloudy. Itnptl City , clear lluioi. clear . , \Vllltitc.n , clear . HI. li. ula , paitly cloudy , HU I'liu ! . clear. . . DtMPIiorl , clear . . . . . , , , . IHItim , cloudy . KnnBUfi City c'ear . JIa\re clou. I/ . Illfirurck , lear . Uahcuton , cKar . . . A. WCLSU. IMCU1'orecait \ omclal. T//e fiest Natural Aperient Water. Relieves the kidneys , mi/dads the liver , and opens the bowels. Sole Exporters ; THE APOLLINARIS CO. , LD. THE "GlttWN-Ur DAUGHTER'S DUTY TO HER MOTHER. You cnn only have one mother ? therefore , when her step la growing1 slow and la" nihul gloomy with forebodings , nml you cnn sou Hint her whola nervous system Is upset , It Is your flllnl duty nml privilege to ntliMul to her In time 1 Mother Is nppronuhhiK the most | critical period of her life. The change of life , thnlti whnl mother Is dreiultng , nml no wonder , for It Is full of peril to all but the btrougcsi women. There nvo some special nml very i wearing symptoms from which mother suffers , but Miu will not spcnlc of them to nny o e. Help ( her out ? she doesn't Ituoxv what to do I for herself 1 Shall I ndvlso you ? First , send to the nenrc&t ilrngstore and get n botllo of LydluB. riulthum'h Vegelnblu Com pound , nml see Unit mother takes it regularly , then write to Mrs. Pinlshnm , nt Lynn , Mass. , giving nil the symp toms nml you will receive n prompt reply telling mother what to do for her self , In the meantime the Vegetable Compound will mnhe life much easier for her. It tones up the nervous system , Invigorates the body , and the "bines" vanish before it aS dark ness llccs from the sunlight. Yon can get It u tmy reliable druggist's. Mrs. LouiaSTnoNanarrlsTHllErleCo.N.Y.Knys : "I have been troubled with falling of the womb for ycnrs , was advised to take Lydla 13. Plnhham's Vegetable Compound , I took thirteen bottles ami received great benefit. AYhon the time for change of life cnim > I suf fered a great deal with falntness and palpltntlon of the heart. I got one bottle of the Vegetable Com pound and one of lllood 1'urlller nml was relieved again. I was thereby enabled to pass through that serious period very comfortably. " L.VST SUNDAY'S BEE WITH THE HANDSOME HM.F-TONE ENGRAVINO 19x25 INCHES-SHOWINCi THE ft OFFICIAL BIRDS-EYE VIEW OP run ' . ftft | EXPOSITION. I ft This issue of The Bee , with this handft ii . , * 'i 1 1\\ \ \ some supplement , is the best advertisement the Ex.- $ ' , position and Omaha has ever had. " $ TI ? * | T ft Everybody should send a copy of this 3t i i issue to their friends outside of Omaha. Real es- tfa tate men , investment companies and business men zfa ft generally should send copies to their correspond- ft ents. ft y ' For a few days yet , copies for mailing may * be obtained at the business office of The Bee at 50 ftft " per copy. Special rates for quantitiss of 25 or ft ? - more. Circulation Depar-tment , ftft The Bee Publishing Co. , ft Bee Building1. ftft "VT ? | Y"J T ? ( * ? | ? ? ? T | ? TjT T T 7jT Tft * ft Ttj Specialists from the Old Garfield Medical Institute , 356 State Street , Chicago , Established 22 Years the Doctors Open a a Permanent Branch Office , 'in the Paxton Block , Omah Rooms 408. Ml who call on the doctors brforc December 10th will rooclvo medical sorvlcoi and Mirsleal treatment PUKE OK CIIAUOK We make this offer In or der to bring ourselves before the public to Introduce our new method In trcatl HK all diseases. _ S AitdMen Especially. You have for some tlmo suffered from a chronlu lingering ailment. You are miser able and have full-id to Bet moro tlmn tem porary relief. Why not , nt this time , decide to consult the most successful Fi > eclallat.i In the Western States. It a 111 cost you nothIng - Ing except your time. Sceliifr Is believing. Nothing succeeds like success. Aged Klen There arc many troubled with I < osa of Sexual Power , too Frequent Evacuation ? of the ninddcr , ottcn acornpanlcd by n silent Mrmrtlmr or burning sensation , and weak- onlnu of the system In n manner the pa tient cannot account for. There nro many sick who din of tblsdllllculty , ignorant of the cnuso of the second singe of seminal weak ness Thn doctors will guarantee a perfect cure'In all uucli cases nnd n healthy restora tion of the Gcnlto-IIrlmiry Organs , Young ian Be a fflan Wo have made the most wonderful dis covery of the ago for tlio treatment of lo t manhood , night emission , losses whllo nt Blool or urinating , Impaired memory , melan choly , premature decline of the manly pow ers , dlsordeis nrlnlng from ruinous practices of youth , rendering murrlttBO unhappy nnd annually scooping to nn untimely grave thotiisandu of victims. K.VH.imnS. When lesser cklll falls don't despair , but consult the doctors. T.icy have cured hundreds pronounced Incurable by other physicians. To this new liopo or court of hint resort , you may yet become Indebted for life , happlnobs und prosperity. What they did for mo they can do for you , Bay the hundreds cured. cured.CATARRH. CATARRH. POJIITIVKLY PHIlMANENTI/y CUUKD. All dlseaseo of the throat and lungs treated with \ondcrful success by the doctors' own system. No specialists had greater success ) In treating catarrh and bronchial affections hnn the doctor * . Their home treatments are usoil all over the Un'tcd ' SuUou nnd Canada. 'atlcnU who have been cured of various 'onus of catnrrhal troubles arc counted by the thousands. If you have any form of catnrrhal trouble , don't wait a day , but go and tuko treatment. DISEASES OF WOMEN At the present dny It li unusual to flml a woman In perfect health. A great many dls-eases nro peculiar to the female sex. Tno palo and cmanclnted forms are duo to some utcrlno trouble that Miould bo corrected The doctors give special attention to all dis eases peculiar to women. That weakened , nervous condition can bo cured. Don't dls- palr because others have failed to euro you , but consult tlio most HUccc nful Epcclalhita In the west , NERVOUS DEBILITY All who suffer and Icnovv not what thci trouble IH urn especially invited to consult the doctors. Many nro mistaken as to what their trouble Is , You can Imvo the opinion of the most successful specialists free of charge. ItlMKCrnn-AH cases rejected whcro euro cannot bo effected , Callers nro tolil honestly ns to their condition and warned against quacks and uncxoerlenced preten ders.miAit.tvi'KKS miAit.tvi'KKS TO emus the following aliments : Goitre , tplldpsy , fits , catarrh , nose , tnroat , lungs , Htomuc'i , hotels , kid ney , bladder .sexual wenknew , lost man hood , enil'eloiiB. m < rvou.i debility. Insomnia , partial deafness , eczemu , skin dlseaecu , rheu matism , nuurulglu , dyspept > la , all female Iriognlurltles , all gunlto-urlnary troubles , gleet , o'o. VOIJ AUK IXVITKI ) TO INVICHTIUATI9 the doctors' system of treatment. Every thing In strlrtly private und confidential , HUI'TUUUS OH IIKIINIA positively cured by our medicines and patent pal , Olllco : Paxton filock. noorn 40S , Omaha , Tjku elevator. Four it Floor. Ofllco lioura , 9 a m. to S p. m , Sunday 10 to 12 , 1 to 4. This ad will be In the afternoon Uco reg ularly thrco times a week. mm urn GUKEB SYPHILIS AND BROUGHT TO PERFECT y our lull tri&lnifiiit ot Turklih Uji ulr forMW. Wlifht LooetI > rlx > fKi , Nrr I Kruntlons curwl by TurkJih E or Unlu trouble. Cured n perfect you IhMiLlIU ' ( Juru , lurer UIU ever were. Wo m ko our own m diclii < I Ir'ull treitrucnc with ( .nuran ondjrou cnn ri'lron gelling well. Wilwua lfUHO.Wimnjblioic , t .00. written KutranUo with full cure. ' ' ' HAHN'S PHARMACY , IloI.llOOhT ln l | lllll 'l. 1'IUHHIC llRth an'l Kam&iaOMini.NED |