wi > * ' * ' "sr
THE OMAHA DAILY 13T315 : TTTTTTSDAT. DECEMBER 0. 1807.
CURRENT NEWS INTEREST if I IOWA.
COUNCIL BLUFFS.
ain.vrio.t.
. . .
Copper , Flro Ins. , 6 Pearl , tcl. 372.
Echmldt's bar relief photos are the latest.
„ , $ iconcr Groctvy Co. , 323 nway. Tel. 314.
I Ci. Shrlvcr , dentist. Merrlam blk. . rom 246.
D. H , Morrlr-on and daughter are In Iho
tlty.
tlty.Dr.
Dr. Durnctto of Chicago was In the city
FCfitcnlny.
S. D. Fletcher of Hancock w.a& a cltr
visitor yesterday.
John Hohrburgb , a etockmnn of Mlnncola ,
fs Id the city.
H. D. Klstel IB conned to lite homo with
an atjnck of Illness.
C. T. Dcezely and wife of DCS Molnes are
visiting lw the city ,
W. A. Peoples of Correctlonvllle , la. , wag
In the city yesterday.
W. D. Chambers la expected homo from
Crwton Ma' morning.
"NTckoIaus Wehr of Porlemoutb , U. , was
In the city jcaterday.
Portfolios of Ireland from I to 10 can bo
had at The 13co office , No. 10 Pearl street.
Mr , J. P. Loomls of Chicago Is In the city
visiting his daughter , Mrs. Harry Drooks.
F. 0. Johnson and E. 13. Vandruff of
Oakland were visiting In the city jcotcrday.
Detective Murphy has BO far recovered , ns
to bo able to be out tot a. few hours each
day.
day.Edward
Edward Howe la making his parcnto , Mr.
nd Mrs. Edward Howeof Park avenue , a
visit.
C. H. Coyeind W. S. Edlc , both stockmen
of Carton , wcro In the city yesterday on
Fine etchings , water colors , tube paints ,
artistic framing. Council Uluft's Paint , Oil
and Glass Co.
Miss Mary Key left yesterday for Chicago ,
from which place she goes farther etat to
spoad the winter.
Unlorr Veteran Legion's encampment No.
8 and the Woman's Auxiliary No. 17 , will
meet this evening.
J W. Gcnung of Petersburg , Neb. , was
Jn the city yesterday. Mr. Genung Is a
brother ot Low Gcnung.
Frances Bowman returned home- yesterday
from Olenuood , where she has been visiting
friends for the past week.
Shllo Tent No. 1 , of theWoman's Ilellef
union , will meet thla afternoon In Farmers'
ball at the county court house.
A , K. Chambers i.Dd . Charles Sexy ot Ar
mour , la. , were In the clly yesterday taking
Logs to the South Omaha market.
H. A. Komacs , a prominent real estate
dealer of Denlson , was attending to eomo
matters of business In the city yesterday.
The best is good enough for you. Noth
ing less. Send your work to the popular
Eagle Laundry , 721 Ilway.
The Unity guild will hold a special mcet-
Ws tomorrow afternoon at the residence of
Mrs. Madden on East Plerco street.
W. D. Hardln and Oscar Keellno have
tone to southwestern Nebraska upon a huntIng -
Ing expedition that will lent a couple of
weeks.
The Woman's Relief corps. No. 180 , will
hold an adjourned session this afternoon for
the purpose of electing ofllcers and trans-
act'ng other business.
See the New Woman by Harmony chapter ,
No. 25 , O. E. S. , In Masoalc hall , Thursday
evening , December 9. Tickets Including
rctrrahmcEts , 25 cents.
Do you want a hair brush , a tooth brusher
or any kind of a brlstlo brush ? Wo have
them In endless variety , and cheap and good.
C. D. Paint , Oil & Glass Co.
"
Colop-1 F. C. need has taken the rest-
flcnco on Oakland avenue- formerly occupied
by Mr. cad Mra. Thomas Maloscy , who have
removed to southern California.
Tlio Ladles' 'Aid ' society of St. John's
English. Lutheran church will hold a busi
ness meeting this afternoon , nt 2:30 : , at the
residence of ( Mrs. S. B. Snyder , 217 South i
Seventh street.
Smith Atkins of Seward , Neb. , Is In the
city , the guest of his brother , C. A. Atkins.
Mr. Atkins la accompanied by his mother ,
who was brought hero for the purpose of re
ceiving medical treatment.
Word lhas reached hfcro from Larned , Kan. ,
announcing the marriage of Hiss Augusta.
( Booth of Larnod to LMr. Ilalph Pontius ,
formerly of this city. The date Is set for
the 23d of this month. ( Mr. Pontius Is now
engaged In tlio cattle ( business and before
Kolng to Kansas lived with his mother , Mrs.
J. C. Pontius , on First avenue.
The little daughter of City Electrician
Bradley was slightly better last night , but
the physicians gave the parents little hope
of Us recovery. Mlsa Tllllo Voglorlio
lias been aeslstlng In taking care ot the child ,
was stricken with diphtheria yesterday. The
case was reported to the Hoard of Health ,
nnd the house was quarantined ,
Alfred T. Grey and Iloso E. Cox , both of
Castana , la. , were married by Justice Fer-
rlor yesterday afternoon. Tlio young people
had applied for a certificate at Onawa , but
the elerk had 'been Informed of the opposi
tion of the parciiits of the prospective bride
nnd bridegroom and refused to Issue the li
cense. Not to have their plans thwarted
they came to this city , driving all the way
from Onnwn.
A. Watson has filed official notlco at the
odlco of the 'city clerk that be will expect
payment of Damages for a recent Injury
received by falling upon a defective side
walk on Harrison street. Ho has notified
the city of his willingness to take $500 and
cancel his claim. The matter has been re
ferred to the law department and notice
given to the owners of the detective walk
to repair the same.
Ocnpordli lodge , No. 52 , Knights of
Pythias , at a regular meeting faeld In > the
Patriotic Order SOIB of 'America ' hall last
ovenlnz , elected the following olllcers for the
next year : Fred Sherman , C. C. : II. W.
Lewis , V. 1C. ; George Hill , P. ; J. j. KHen ,
M. of W. ; V. E. David. K. of n. and S. ; J.
E.VIlace , M. of F. ; T. D. King , M. of E. ;
William llourke , M. at A.ftl. ; Kemkcs , I. G. ;
3. 0. Smith , O. G. ; trustees , J , G. Smith ,
W'llllam Powers , J. J. Klein.
Mayor Carson has attached his omclal sig
nature to the ordinance granting the fifty-
year rranrhUo to the Lake Manawa Hallway
company , The act was not attended with the
dramatic features that surrounded the slgn-
ln of the same ordinance on the 30th of
last September , when the city building was
filled with citizens advocating and opposing
the official act. The last time the ordinance
received Ita final approval the mayor was sit
ting In his cilice alone , comfortably smoking
a corncob pipe.
C. B , Vlavl Co. , remain imncdy ; consulta
tion fieo Oftlco hours , 9 to 12 and 2 to C ,
Health book furnished. 22C-327-32S Merrlam
block.
N , Y. Plumbing couip.iar T l. 250.
Dsmrstlc wrappers all for epoons.
Cleanliness ,
Even Ilcnt ,
Hase Heat.
Economy never
before seen with
SOflCQUl. liltOIIS
of oft coal equal
1 ton of Jmitl.
A report from Itcv.
J. Ittule , 11U Kail
I'lerco Ht : "I have
lieen using > our
liOt lllUBt Ullll
soft coal as fuel
for clxU'tl < H.
We \crymucli
Pirated wltli II , It
'not ' only Kltei un
tooil BiuUfactlon
us our hard coul
base burner , but
li caving u largo
part ot the ex
) l lieutlng. "
Eco U Hunnlng atCOM3
COM3 A COI.IVS ,
41 Mala St. , Council Uluffa.
MILTON' IlOOKItS & SONS , Omaha.
Is , , fiEO , V. . UlUdGS , South
DENIES SHEA'S APPLICATION
Jndgo Qrcon Declines to Grant the Order
Asked For ,
PETITION OMITS ESSENTIAL FEATURES
I'nrtlcM nt Intercut Ilnil Xo Hearing
mill IMnliiHIT Ilnn .No
lu the iiilt | > - of the
'
Judge Green yesterday handed down his
decision , dismissing the application for an
Injunction by J , J. Shea to restrain the city
from Incurring any further Indebtedness.
The court room , was well filled with city
officers and citizens Interested in the out
come of the suit. IShca waa present when
the opinion was delivered. Ho announced to
his friends that ho was not ready to quit ,
but that he would begin a now suit on the
same lines and would file his petition In
the federal court ID tlmo to get the case
on Judge Woolson's docket for tbo March
term.
Judge Green did not pass on any of the
main questions Involved In Shea's applica
tion. He declined to glvo an opinion as
to the Validity of the allegation that tbo
legal limits of the city's Indebtedness have
been exceeded , because the holders of the
'bonds In question had not 'been ' Implcadcd
with the city. City olficlats personally have
little Interest In the matter , it 'being ' of no
moment to them whether the bonds nro paid
or not. The "parties " really affected have
not been given , an opportunity to show , If
they can , the validity of thcso ibonds. "Gen
eral rules of pleading , " says tbo court ,
"would clearly declare that the holders of
bonds or warrants outstanding must bo
made parties to this action to enjoin pay
ment thereof. "
As to warrants Issued In payment of or
dinary expenses It does not follow Hint
they are invalid merely because the con
stitutional limitation has already been
reached. It Is only where a city cannot
meet such warrants out of Its current rev
enues thnt an Indebtedness Is Incurred
within thu meaning of the constitution. To
hold othenUso would prevent a city where
the maximum of Indebtedness had been
reached from even passing an ordinance
for the payment of salaries from repairing
u sidewalk , a street ; or from employing n
laborer thereon. ( Grant ngalnst City of
Davenport , 3fl Iowa , 423) ) . This case also
holdn that nn appropriation In advance of
the receipts of such revenues Is perfectly
legitimate. It follows that the fact that
win rants for ordinary expenses are Issued
without cash In the treasury to meet them
does not by Itself show their Invalidity.
This would depend upon whether such war
rants exceeded the current levenucs , and
the evidence does not show that the current
revenues have been so exceeded , or that
there Is any Intention on the part of the
defendant city to make'such nn excessive
Issue of warrants ,
Hut If we were to assume for the sake
of the argument that some technical right
of the plaintiff was being violated by the
Issuance of warrants for ordinary expenses.
It by no me.ins follows that plaintiff wpiilc ;
be entitled to an Injunction restraining the
city from Issuing them. The stern and In
flexible rules of a court of law may always
grant to each Individual his strict legal
rights regardless of the consequences to
the public. But u court of equity Is con
ducted upon broader principles and less
stringent rules. If the damage to the
plaintiff bo slight compared to the enor
mous Injury which , would be Inflicted upon
the city by the Issuance of this Injunction
then this damage Is one of the burdens
which he must assume ns n citizen of the
corporation and a member of the common
wealth In return for the benefits conferred
upon him.
MUST RESPECT. ' PUBLIC IUGHTS.
In the recent case of Wood agnlns
Bangs , -IG N. W. , CSC , It was sougnt to
enjoin the collection of taxes alleged to
bo levied In nn unconstitutional manner
The supreme court of Wisconsin before
which the case was pending upon Its hear
Ing found thnt the taxes were unconstl
tutlonnl and ordered the collection thcrco
enjoined ; afterward upon rehearing the
attention of the court was called to the
far-reaching consequences of Its declsloi
nnd the great damage which would In
cvltably result to a great aumbei of clti
zens If Its opinion should be adhered to
The court on rehearing afilrmed Us for
mer opinion that the levy was unconstl
tutlonal , but notwithstanding this fart , In
view of the consequences to the public , 1
was finally decided that relief must be de
nled to the petitioner.
No moro extreme case could bo prfsentei
than the one nt bar. If the plaintiff's con
tcntlon be sustained , not only the govern
mcnt of the city would bo paralyzed , bu
all contracts or undertakings In the natnr
of a contract , however necessary and | rn
portant they may bo for the welfare o
the municipality or Ita citizens , must com
to a standstill. The consequences are B
serious that a court would hesitate Ion
before granting such un Injunction a
prayed against the Issue of any warrant
even were there danger that serious Injur
might be Inlllcted upon the plaintiff , liu
In this case the plaintiff will be afrcctei
remotely , If at all. His actual pecunlarj
Interest In the matter Is slight , and littl
more could bo urped thun to say that
( rrantlntr nil of thi nrpmlRp nsmimnil h
him , a technical right only would be vlo
lated. In support of the view thnt th
plaintiff In any event would not bo en
titled to such nn Inlunctlon ns prayed se
Kneelund against Milwaukee , 15 WIs. , 401
Hlghbeo against llnllroad , 20 N. J
equity 35.
Ono other question remains to be dispose
of. Plaintiff asks that defendant bo en
Joined from the collection of taxes for th
purpose of paying thci bonded Indebtedness
and the city warrants In question. It 1
buillclcnt to eay on this point that , what
ever thu city may be doing to other par
ties , there Is no evidence that It has an
Intention of collecting taxes from tb
pliilntlrt for any purpose. The nppllcatlo
for temporary Injunction must be over
ruled.
Domestic soap wrappers call for spoons.
Dunlnii'N CiiNt * Siiltinlttcd.
The taking of testimony In tbo suit of I
Dunlap against the city to recover $15,00
damages for a broken leg was concluded 1
the district court yesterday , and the opcnln
address to the Jury made by the attorney
for the city. The jury IB composed almost
exclusively of farmers and they have been
made very familiar with the locality on
Broadway and Thirty-sixth street whore the
accident occurred. The plaintiff Introduced
three witnesses to show that the electric
light nt the street Intersection was not
tmrnlng at 8 o'clock when the accident hap
pened , The city was only able to refute
this by the Introduction of the lighting
schedule of the electric light company ,
which showed that the lights were turned on
upon the overling In question , March 1 , at
7:10 : , and the records of the police depart
ment shoeing that no report was made that
the lamp at this point failed to respond to
the current.
Domestic soap wrappers call for spoons.
Slu riff Still
Sheriff L. M. Bennett of Powcsliltk county ,
Iov\a , was In the city yesterday making In
quiries for two prisoners who managed to
glvo him the slip while ho was convoying
them to the penitentiary at Fort Madison.
About six months ago the men jumped from
the train shortly after It left Ctokaloosa. and
whllo It HOB pausing over a bridge eoanulug
Skunk rlvor. The men were shackled to
gether , and Jumped from the train when U
was about In the middle of the bridge. The
train was stopped , and lights thrown upon
the surface of the muddy waters , but noth
ing was seen of the men. The fact that their
bodies have never been found , and the river
has receded to Its normal condition , gives
color to the belief that they may have e -
wpcd death and are safe In the hands of
their friends.
Domestic soap wrappers call for spoons.
I Ntuu Settled.
The final report of the executors of the
estate of Joel L. Stewart was filed In the
district court yestorcay , was found to be
correct and the oxecutorg , John Bercshclm
und I. 0. DonUnm , wore discharged and their
bonds exonerated. TUo real estate property
f the cstato had been previously disposed of
y the executors nnd only the personal prop-
rty wa Involved In the report made yes-
crday , Judge Green ordered the money and
tock to bo turned over to the heirs In ac-
ordanco with the terms of the will. The
cport shows that the personal property of
ho cstato la divided as follows ;
rerohnndlne on hnnd ) 31Bfl.OO
? n.ih on hnnd S2S4 >
nsh In Council Uluffs Savings
bank , 6.738.3.1
Ills receivable CG.OKUS
hare * Council Bluffs Savings
bank 23,000.00
ertlllcntc of deposit 16,914.9s
:
Total . } 136OS8.7. >
The real cstato property belonging to the
state of the dead ( wholesale grocer la very
aluablo and extensive.
The. Council Bluffs Ceramic club wilt give
ho firet exhibition of lie work at 4ho art
toro of Harry Smith , Thursday , Friday and
cturday. The band.palntcd plates donated
y members of the club to be disposed of
t $1 each will bo exhibited all thla week.
S < liuitcr *
Two moro of tbo squatters who have made
Ifo unpleasant for land owners whose prop-
rty lies mear the banka of the constantly
hlftlng Missouri , wcro given tbclr legal
uletus yesterday. They were Jamca P.
Iced and James Mclntosli , who had squatted
upcn lands owned by W. S. Mayno and lo-
atcd near the mouth of the Doycr river.
Jacli ! had appropriated a. large tract of the
accreted lands and was claiming title under
he. government homestead laws. The caeo
j tried In the early part of the present
erm aad Judge Green yesterday banded
.own' bis dec'slon. ' The opinion fully mis-
alns all of the claims that May no set up In
ils petition.
The fact that fish Is the greatest of all
> rala foods remains undisputed. The iisy-
um for the feeble minded at Glcnwood Is
splendid Institution , but IB sadly over
crowded. Ono of our leading physicians
vas heard to remark lately that had tbo
nmatcs been treated to a full diet of fish ,
such as can be obtained at Sullivan's mar
ket , the building would now be deserted ,
save for the officials. Sulllvan > has always
on hand n complete supply of salt anil fresh
vater fish , ojslcrs , lobsters , etc. , and will
bo pleased to nil all orders. Tel. 1C1.
CnllH for Police AinlNlnnco.
Sheriff It. M. Bennett of Powsbelk county ,
called for the iisslstanco of the police yes
terday evonln-g and took Into custody an old
nan who gave the name of John Smith.
Smith was found living with hL' daughter
n the southern part of the clly. It wcs
first thought that Smith might be cae ot
the mew who escaped from the sheriff by
lumping from a train' ' Into Skunk river , but
; he assumption was not credited by the
eastern Iowa olllcer. He refused to state
the reasons for the old man's arrest any
further than to admit that ho was wanted
Montezumi for concealing property that
iad been etolcia by his eon. Smith himself
refused1 to say a word. They left on ono of
the- evening trains.
Don't forget the bazaai- which the Bread-
way M. E. ladles will hold today and to
morrow at 33G Broadway. Useful and fancy
articles will be on sale. A roast beef dUacr
and a chicken pie supper will 'be ' served at
the price of 25 cents.
ArrN ( -il for ANNittilt. I
Detlef Iledrokampf and two brothers
named Oscar and John Carlean are under
arrest In Ncola for a murderous assault
upon Samuel Porter , the .essccsor of the
township. A quarrel of lang standing cul
minated In a free fight between the men
with the three attacking Porter. Porter waa
badly used up , and In the affray was ser
iously cut with a knife. The men1 ai'o
charged with assiult with Intent to kill.
We're masters of our art. Send us your
work , Bluff Olty Laundry.
The Council Bluff's Cyclcry turned .mil
five pairs of expert skates on special orSers
one day of thla week. You laslst upon hav
ing your ehoes fitting , why not your skates ?
Hoffmayr's fancy patent ( lour makes the
best and most bread. Ask your grocer for
It.
MtirrliiKc IjIcfiiNPK.
Slarrlnso licenses were Issued yesterday
to the following named persons :
Name and Address. Age.
K. P. Haker , Neola , In 3(3 (
Racliael Cnrothers , PotLiwattamle county.13
William Kief. Pottnwattnmle county 2S
Cronnlo O'Donald , same -S
Alfred T. Grey , Castana , la. . . . " . 2-1
Rose E. Cox , same 1U
Hawkeye cameras , Blair film and plates ,
plate holders , tripods , proof albums and
photo supplies kept In stock at Council
Bluff's Cyclery get her a camera for Xmas.
iicpoirr ON THIS SOLIIIHRS' HOME.
Mnkco Reference to
Recent TroiilileH.
DES MOINES , Dee. S. ( Special Telegram. )
The biennial report of the Io\\a Soldiers'
Home nt Marshalltown v.as placed In the
hands of Governor Drake today. The com
missioners' report makes no reference to the
recent troubles at the home , which resulted
In the dlchargo of Quartermaster Ljnglsy
and Surgeon General Duffield and the retire
ment of Commandant Itatekln , as these
events took place after thu1 close of the bien
nial period on June 20. The report shows
that at the close of the period there were
G3G Inmates , the largest number In the his
tory of the Institution. The number Is In
creasing fast and a new building Is needed
to care for old soldiers who como to the
homo accompanied by their wives. There Is
a largo number of agpllcatlons for admis
sion who cannot bo accommodated , and this
In view of the fact that the now regulations
deny admission to any soldier who draws a
pension of $10 or more per month , causes
the commission to suggest that the next few
years are likely to see an Immensely In
creased demand for admissions. The com
mission edited out the pirto of the report of
ex-Commandant Katckln , which related lo
his claims of great economies uudcr his ad
ministration , on the ground that they did
not afply to events taking place during the
period. It is shown that the average cost
of meals per day , per capita , has been 13.4
cents In the last year , and the average coat
of clothes 10. 27 per capita , these being the
lowest figured In the history of the homo.
Shrliiei'M Kleet OtlluiTH ,
CEDAH RAPIDS , Dec. 8. ( Special Tele-
arum. ) At the annual meeting of Elklrah
tcmplo , Nobles of the Mystic Slirlno , the fol
lowing olllceni wore elected for the ensuing
year ; Illustrious potentate , n , I. Alderman ,
.Marlon : chief rabtan , Charles II. French ,
Cedar Itaplds ; Assistant rabban , B , M , Cleve
land , Waterloo ; high priest , William Fan- !
Igan , Cedar Rapids ; oriental guldo , William
N. Dearborn , Stone City ; treasurer , James L
Dover , Cedar Rapids ; recorder , J. W. Golgor ,
Marlon ; representatives to Imperial council ,
K. I. Alderman , Marlon ; C. A , Leo , Cedar
Rapids ; 0. W. Ball , Iowa City , und C.V ,
Mullen , Waterloo.
Miisoiili' Ollleerx.
SHENANDOAH. la. , Dec. 8. ( Special. )
At the regular meeting of Trlcoitum lodge ,
Ancient Free and Accepted Masons , Monday
evening , the following officers were elected
for the ensuing year : Arthur Flynn , W. M.j
U. G. Relnlnger , S. W. ; George R. 'Morse ' , J.
W. ; Geoigo Bogart , treasurer ; L. N , Wilson ,
secretary.
Defaulter MiiHt Do Time.
BOONC , la. , Dec. 8. ( Special Telegram. )
W. D. Moore , defaulting county treasurer of
Iloono county , who disappeared last summer
with { 13,000 , came homo today and gave him
self up , pleading guilty. Judge Weaver sen
tenced him to tbrco and one-half years In the
penitentiary and to pay a fltio of $7,000.
" \VII1 Sue for Heavy
KEOKUK , la. , Deo. 8 , ( Special Telegram. )
Hublnger , the millionaire owner of the In
dependent telephone ay&tem here and at Bur
lington , who wants franchise * at St , Paul ,
Minneapolis and Oinahu , will sue the Sunday
Standard tomorrow ( or } 10,000 tor libeling lila
business ber * . | _ 4 _ L i _ M _ . ,
COMBINING fi&INST FUNK
Lively Pull for the Brcilfs in tbo Hawkeye
S\ate. \
FIGHT FOR SPEAKERS'HIP GROWING WARM
Ootthur , < > n the Oronnil ntnl
Tliclr-.LlKMiiliiK' . Hods
Metcrt , MnkliiK the
OrvntcHt She r.
DES MOINES , Dec. 8. ( Special. ) The
town Is full of politicians again , Interest bo-
Ins chiefly centered In the contest for
speaker of the house. Nletert of Cedar Hop-
Us and Lavender of nockncll City are both
hero , Nletert being accompanied "by " a strong
delegation of Fifth district supporters.
Among them are Editor ( Horn ! of the Cedar
Rapids Republican , ox-Senator Smith , ex-
Mayor Snoufter and others. They say thai
Funk has been claiming a auro election with
out any grounds for It , that ho has not the
pledges to elect him and will never get them ,
that the opposition has yet to unlto on Us
candidate , but It will certainly defeat Funk.
"Funk has tried to stampede the press and
members of the house , " said one of the sup
porters of Nlotert. "and It looked for a whllo
ail If he toad succeeded , but ho started too
early. The other candidates nro getting re
turns now which prove positively that Funk
has not the pledges to nominate. AVe know
tlat Nletert will go Into the caucus with
about twelve votes from the start ; that Lav
ender has ten or twelve ; that Hauger of Wat
erloo 1ms half a dozen or moro nnd that
LaiJd of "Butler county has several. There are
a number of uncertain members In addition.
It takes thirty-two to nominate and Funk
has not over twenty pledges , as we count It. "
The Lavender people wcro equally confi
dent of Funk's defeat and there was evidence
that the opposition Is getting ready for a
combine against Funk. The name of Joseph
A. Edwards of Johnson county was talked of
as a possible compromise candidate of the op
position to Funk. He Is a new member , but
backed -considerable quiet support In the
eastern part of tbc state.
STIJDYI.Vtt HOCKS Ix IOWA.
Work Doinliy ( Inii'oloulonl Sur-
\l-jofH Iurliii the 1'liNt SriiNOii.
DBS MOINES. la. , Dec. S. ( Special. ) The
fifth orniia1. report of the Iowa St to g olojlst
Is In the hands of the state binder and will
soon bo ready for distribution. The state geologist
elegist regards the work as the most In-
toiestlng of any report ever published , for
the geologic survey In the last year has cov
ered some of the most Important matters in
the elate. The state geologist , Samuel Cal
vin , states that In the selection of the coun
ties to be Investigated the curve- was Infill-
creed by two considerations. First , the coun
ties contain geological deposits of great eco
nomic Importance and It secmeJ desirable -
blo to have thorn brought to public ratlco as
early as convenient. Second , the counties
were so chosen * ns to elucidate
as largo a number of geolog
ical problems us possible. With
tUs end In vlow the Investigations v.erc made
In Johnson county f6r th& purpose of extend-
Iri3 the work begun , by Prof. Norton on the
Devonian system in Linn. After finishing
Johnson the work -was transferred to Ccrro
Gordo for the reason that there the newest
or latest Devonian -beds arc exposed. Cer
tain horizons furnish brick and tile clays ,
others building stones , and others llmo burn
ing rocks of desirable qualities.
Marshall county was ono of the areas se
lected for Investigation and the work was as
signed to Dr. S. W. BeyeV'of Ames. In addi
tion to the lower carboniferous strata Mar
shall , coun.ty . contains the/deeply / eroded marginal
'
ginal beds of the coal''mc'asurc series. These
beds belong to the Des Molnes stage , or
lower coal measures of some authors. The
stratum , however , Is 'best ' developed In Polk
county , and hence this county constitutes one
of the most Important of the areas surveyed
during the past season. The work In Polk
county was done by HI. F. Bain. . Prof. Beyer
also made a survey of Guthrie county.
Mddl&on county shows more clearly than
either Polk or Guthrlo certain Interesting
phases developed in the southward extension
of the DCS Molnes and Missouri stage of the
carboniferous. Tie Wlnterset llmcstcno Is
Importcnt net only on account of Its utility
aa a building t.tor.e , but because it marks a
very definite stratlgraphlc horizon. It
seemed desirable to make a careful study of
this stone In order that the work In lown
may bo properly correlated with thot done on
the upper carboniferous strata by 'the
geologists of Missouri and Kansas Madison
ccomty was nsslgncd to Prof. Tilton of In-
dlanola. The oil and gas horizons of south
eastern Kansas occur hero and certain well
defined beds rcny bo traced Wirough south
western Iowa.
In the counties named the superficial de
posits present problems of scarcely less In
terest then the Indurated rocks. Johnson
anrt 'Marshall ' are traversed by the extreme
southern margin of tbc lowan drift and ]
both counties contain heavy beds of loess
thz.'t ' are connected with the treltlna and re-
ticat of the lowii Ice. The western part of
Marshall county shows the Influence of the
Wisconsin drift sheet , and the extreme south-
cm limit of the Wisconsin lobe Is found at
the south end of Capitol hill tin Des Mc'lncs ,
Polk county. The oldest drift sheet so. far
as recognized In Iowa , a drift older than the
Kansas , Is also exposed In Polk county. In
addition to the counties named In the report ,
the field work In Buchanan , Delaware , I My-
etta , Howard , CeJar , Swtt , Dallas , Story ,
Plymouth , Unlcn , Ljcn and. . Marlon Is partly
or wholly completed ,
Tbo report of Prof. William Harmon Mor
ton of Mt. Vcrnon on the artesian wells of
the state is Incorporated In the volume. It
Includes a full treatment of the subject
based upon Information gained by visiting
wells recently t > unk In different parts of the
state. _ _
Xovuk .AHkM for Hall.
CEDAIl RAPID3 , la. , Doc. 8. ( Special Tel
egram. ) Tbo motion of Frank A. Novak
that ho bo admitted to ball , came -up for
hearing In the district court at Vlnton be
fore Judge 'Tiurnham ' at 2 o'clock this after
noon' ' . 31 r. iMllner argued the question for
the nJcfenao and County Attorney Tobln for
the state. During the dlHcusslon It developed
that T/rlor to the enactment , of the now cede
there wore two statutes In the old code concerning -
corning the qucatlon of ball. When tbo cede
of 1S73 was formuUtoJ , a section was
adapted saying that iijil [ was permissible In
ull cases except mur'dcr , In the first degree.
This was repealed wjjpn the general assem
bly of 1878 passed a section to the effect
that "ball " was not ncrmlsalblo In cases of
murder. These two sjatijtes were ro-cnacted
by the new cede and p\r are the laws of the
state. Judge Ilurnlium referred to this fact
and stated that umlqr the circumstances ho
believed the defendant \ na entitled to ball ,
and placed It at $37$00. The defense asked
that it .bo . $25,000 awj 'tie state $50,000. Ho
did this , he said , In rdVr that the supreme
court "might pass upon the matter , and not
because ho thought fjiat the amount of ball
was proper , leaving ( Jmt matter for the su
preme court to doclw. In vlow of the largo
amount of hall , It Is , probable that Novak
will bo taken to the penitentiary tomorrow.
ATLANTIC. la. , Dflf. 8. ( Special Tele
gram. ) The second coasting accident within
two weeks occurred today In which two and
I > 0buibly three of flvo boys In the party were
seriously liurt. The accident was caused by
a cow In the street becoming angry and
charging them. The beast was tripped by
the 'bobsled ' and fell on the boys. Frank Cud-
wallcdor and Lou Sopor were hurt internally
and Ralph King's head waa crushed.
( ModlcnlMil 11
DES MOINES. Dec. 8. ( Special Tele
gram. ) In federal court today Dr , J. W.
Klme , editor of the Iowa State Medical
Journal , was found guilty of tending ob-
ecenu matter through the molli , KImo was
a member of the faculty of Drake Medical
college , The college became Involved. In
troubles and finally excluded women' utu-
denta , Tills was the reeult of repeated In
sults by male students , who wrote obscene
paragraphs , etc , oa. the class room black
boards. Kline denounced the Institution for
excluding the women and published some of
the obscene productions. For this ho was
Indicted and after moro than a year's delay
Is convicted. He will appeal to the circuit
court , claiming that It was a privileged pub
lication because Intended only for medical
men. Ho Is liable to a severe penitentiary
sentence. Ho l * ono of the leading homeo
pathlc physicians of Iowa.
nxn or mocnsAX CO > VK.NTIO.\ .
Hotly Will Mei-t In GV.lnr Iliuil < 1i N
Ycnr.
DES MOINES , Dec. S. ( Special Tele
gram. ) The Iowa Episcopalian convection
adjourned today to meet In Co.lar Ilaplds
next December. The bishop's charge that
the endowment funds of Grlswold college ,
Davenport , have boon , diverted to wrongful
channels , was token up. The accusation
caused considerable of A sensation In the con
vention. Bishop Perry declared that the en
dowment funds , amounting to over $30,000 ,
subscribed for the maintenance of the theo
logical department of the college , have been
diverted to on Improper vise by the Ameri
can Mission board of the church , which had
custody of them. The mlreloa board claims
the diversion was Justified because the college -
lego has been partially suspended. The con
vention did nol agree with thla opinion and
was convinced tnat the diversion was
wrongful. A committee waa appointed to
secure a tsotlcmcnt a'-ul If necessary sue
the mission' ' board la the federal courts In
Now York.
Bishop Perry announced that he will han
dle his work alccie until spring and If neces
sary will then call a special convention to
elect a coadjutor. The committee on rainIng -
Ing a salary for n coadjutor reported a
pla.i to raise an endowment fund of $3,000
by subscriptions , From this $1,000 annually
would bo raised. Bishop Perry , after some
urging agreed to relinquish $1,000 annually
from his calary to make a total of $2,000 for
the coadjutor.
The following were elected ministerial
delegates to the general conference of the
church : Keveremla Everlst Cathlll , Des
Molnes ; George 11. Cornell , Sioux City ;
Thomas E. Greer-i , Cedar Roplds ; Lynch of
I Ottumwa ; lay delegates : George F. Henry ,
Des Molnes ; Charles A. Schaffer , Iowa City ;
F. a. Thomao , Mooar ; Matt Parrott , Water
loo.
I. If i' Silt r l by n
WEBSTER CITY , la. , Dec. 8 ( Special. )
A story of hcroismjind the sagacity of a dog
comes to the city from the country. When
the recent snow came Miss Mamie Itoblnson ,
a school teacher , dismissed her school and
In company with trio of the larger boys at
tempted to get the children home through
the storm. They finally managed to get all
the children safely home , though Miss nob-
inson was badly frozen , and then each left
for their own homes. About two roJs from
her gate the teacher fell In a snow drift and
became uncotifcclcus. The dogs commenced a
terrlfilc barklrw ? , ru.i' Ing from the gate to
Wio door , and aroused the curiosity ot the
people. Tney went to the door , but , seeing
no trace of anyone , returned 'to ' the lire , but
were called out ugaln by the dogs. This
tlmo they discovered the young lady. For
j her heroism the board of directors have
I grcoted her a vacation OD full pay , and the
admiring fanners have presented her with
a haiid.jomo . horse and buggy , ro she will
not have to walk to school any more.
\optliciist < Tii Io\rn Politic * .
CHARLES CITY , la. , Dec. S. ( Special. )
Interest In congressional politics Is already
felt In certain circles. 'Information from
Mason City Is to the effect that James E.
Blythe , who was a candidate for the nomi
nation two years ago , Is being mentioned
as a candidate against Thomas Updegraff.
Friends of Senator Trewln of Allamakeo
county are urging his name. Ex-Congress
man Puller of Fayeltc , ibis friends say , would
like It. The latest probability Is Judge Porter
ter W. Burr of this city , who but recently
resigned the district Judgeshlp. He Is very
popular throughout thu district and would
make a very strong cnudldate. Mr. Upde
graff has not yet signified ills Intentions , but
It If very probable that he will ask for a
third term.
AllciriMl Iolt < * ry Sc homers Arrt'Hicil.
DES MOINES , Dec. S. ( Special Tele
gram. ) Robert L. Maupln , J. H. Christo
pher , and Benton L. Ingram of Scdalla , Mo ,
were brought here today by federal mar
shals , under Indictments charging them with
U'Slig the malls to promote a lottery scheme
They are the officers ot the Missouri Loan
& Investment company of Stdalla , and wcrr
Indicted on five counts each. They all
pleaded not guilty. They asked a contin
uance of the case over this term of court ,
while the district attorney demands Imme
diate trial. Their mot loci for a continuance
will be argued tomorrow. Meantime they
have given appearance hoods.
Hey Shot \Vhllf IlmidiKT IlnlililtH.
SHENANDOAH , la. , Dec. 8. ( Special , )
Dan Cainpen , aged IS , while out hunting yes
terday had his right leg and arm filled full
of shot by a companlcn. The boys were
hunting ulcng a ravlno and young Burdlck ,
| the ono who did the shooting , fired Into the
ravlno at a. distance of only ten yards from
t/aiui'tu * 1 liu lllLlluiia4 i ; IUUKUU III 1110
thigh , which was badly lacerated. Nearly
100 shot wcro picked from the wound. The
young man Is In a precarious condition , but
will probably recover. 1
I'j ( lihin Ofllccrx.
SHENANDOAH , la. , Dec. 8. ( Special. )
At the regular meeting of the local organ
ization of Knights of Pythias Uht evening
the following officers were elected for the
ensuing term : C. D. Cdapman , C. C. ; Elder
Price , V. C. ; John Wlnlyifer , P. ; U. G. Reln-
Ingcr , M. of W. ; George C. Cogley , M , of
A. ; L. N. Wilson. K. of R. nnd S. and M. of
F. ; J. L. Cole , M. of E. : F. U. Rankln , F.
C. Woodford and U. G. Relnlnger , trustees.
KiiiL nf n Context.
Ln.U'AN3 ' , la. , Dec. 8. ( Special Telegram. )
The contest over the office of treasurer
was flnlshoJ by canvassing the vote today.
Stang , the republican treasurer-elect , gains
ten votes , making his majority sixty-one ,
IiMtiL MMIM .VolcN.
The late Judge Whiting's form In Mcoona
county consisted of 7GOO acres.
A travo'lng ' photographer left Missouri
Valley without paying several small bills ,
Editor W. R. Pooley of the Leblgh Argus
dleJ at his home of diphtheria oa Monday
i 1 last.
Members of the local militia company at
Cedar Rapids are ilgurtag with aa > Insurance
Rheumatism , 5clatlca ,
Lumbago , Itackache ,
l.a ( Irlppc , Pneumonia ,
and Kidney Affections
renmwl quickly by the
l > ruui ; > t apjilliatluu of
Benson's |
Plaster.
> Inflammation nf any kind It quickly drawn to
I thoeurucaby tbnRbHurptltiuoi thabuitableIntnl.
i jcatluni vililib llonmm'H I'luulcru coutaln. „ ,
, AI wo ) i Im vn Ilieiul'j llm IIOUHO rcnily lor t >
, nn cuirricrnrv m-lny In niirli rii IN o
dullKlTous , lint l > o ru toK t theK uuln
HcnHon'8 1-orinis J'lunti-r , I'rlr
Indunt Relief. Cure In 15 day . Kcver returns
1 will gl&dly cnil lo anjr nullrrcr In a plain urulcd
rm elope I'll jK { n procrlptlon vllli full dlrec-
t loin for u nulcic , rrlvate cure fur Ixnt Manlincxl.
NlElit Ixii.oi. Ncrroui Dft.llllr. hnmll Weak
I'lrii , VarlcoccIi'.Ho. n. II. U'rlvhii Mmlc
Ili-alpr. llm ift.-m. M r > linll , Mlfll.
company wllh regard lo erecting o auditor
ium and hall In that city.
The prcicnco ot 119 cased of lypbold fovcr
In Chcrohea last neck caused aUrm In tbo
city.
city.V.
\V. C. Shaw , an Ida county stock buyer ,
was married last week to Miss Uvlna Jonm.
at Ida drove.
Forty business men ot Shemandoah have
orRinlzed themselves kite a city Improve
ment , association.
The trial of the new I'atton motor on the
Cedar Kails street car line proved It to bean
an entire eucccts.
Secretary IVirvIn has pkns prepared for
the enlargement of the Masonic library
building at Cedar llapIOo.
The canning factory built In Independence
three years ago at a cost of $8,000as Bold
the other day for $300. It bad never bec-a
operated.
There was a m'fitake about the dleappe > r-
anco of CASK Knapp from his farm In Lin
coln township , Dallas county , last week ,
ibouthlch there was milch local cxclte-
mrat. He had simply gene fishing without
letttafj bis friends know about It.
There are twenty men at work on the
Hartley \\ntcr works and tbo water mains
Will soon be completed , The tower will be
100 feet lilgh and the water tank twenty
feet ID diameter. The contractors will push
the work and may have the plant finished
In from four to six weeks.
The Ducna , Vista County Agricultural so
ciety Is In n healthy condition. Its report
showa tbc total receipts for 1S97 to bo
$4,373.06. The disbursements were $4,102.10 ,
leaving n balance on hand of J270.9C. As
the society will get the $200 appropriation
from tbo atate. It will have nearly $500 to
expend In making Improvements In tbo way
of buildings , etc.
limnl I'lM-NN Comment.
Council lllurts Nonpareil : The tci" ' -
leans are anxiously awaiting confirmation ot
the report that Fred White , Charles Walsh
and Frank Q. Stunrt have had a conference
and decided that frco sliver shall bo the Is
sue of the future In Iowa politics. The
news scorns too good to bo true , for It makes
continued republican success a certainty.
There Is strong doubt , though , whether the
old loaders will have tbo fixing of the future
policy of their party.
pgrs
TREJkTIEIT
To Any Reliable Man.
Marvelous nppllnnco nnd ono month's romodlos
of rnro putrir "HI bo tent on trial , ifithotit < inv
adivtnce vnymciit. by the foremost rmupinr In the
world In tlio treatment ot mull nc.il ; , broken , ills-
courjuied from effects ol excels * . * , worrr , over *
Trork. Ac. llnppr innrrlxcnttcurcd , complete res
toration or development of all robust conditions.
Tlio tlrao ot thla offer Is limited. No f. O. U.
tcheino ; no deception ; no oitwsurc. Aeldrc"
CDIC MCniHAI Pfl < M NIAGARA ST. ,
title illEUlbllL bU , , &UPPALO.N.Y.
For Snlc Only l > r JOII.V LI.VUCK , 111
- Main St. , Council lllutTn.
Dr. C
OFFICE , Car MAIX STIICHT ,
In Plumer Building.
. . . .Telephone \ < ( . n
DISEASES OF WOMEN AND CHILDREN.
Motlirrr. ! ! Mollicrn ! ! !
Mrs. WlnMon'a Soothing Syrup has been used
for over CO yesrs by millions of mothers for
their children nlillc teething with perfect suc
cess. It soothes the child , softens the eums ,
allays oil pain , cures wind colic , nml Is the beei
remedy for Dlarrlfoea. Sold by druggists In
every part of the world. He sure and nsk for
"Mrs. Wlnslow's Kootlilnu Syrup" and take no
other kind. 25 cents a bottle.
Awomau'slootlnfr-Rlm *
docs tint lie to lier Ifulia
looks carefully and owm
Hie tnith to heretic , Ue
will acknowledge thai
it shows ( o her nt it
shows to others , n face
full of the ugliness of
sufTcritiK niul pain , if
a woman wants lici
tnitror to reflect a pain ,
free face she should
take proper care of
her womanly pelf
e should see thai
the orgatit tlml
nrc dininctly fern ,
initic nrc kepi
free from weak ,
ness nnu imensc. thin means only
can n woman remain ftcAli'looldng nml
attractive.
Women may erase from their fncca the
lines of Miffcnui ; By iwliijr. lr. Plctcc's 1'a.
votlte Prescription. Over 90,000 women
have testified in writing to In iimrveloui
merits. It acts ditcctly on the womanly or-
pans. It makes them stionr : mid healthy. '
It cures all weakness and disease. U nllaya t'
inflammation , soothe ! ) pain , nnd calms ami
steadies and invigorate * the pain-racked
nerves. It prepares forwifehooil nnd moth-
crhood. U docs nwny with ihu discotuforti
of the cspccUnt period It Insures hnby'a
health and makes iti advent cany mid al
most painless. AH Rood drtiKRists sell it.
" I mil jroliiit to write mid tell you the benefits
I have received from liking your medicine * , "
writes Mr .J Il.CloiiRli. iiox MJ , I.ioliou , GraMon
Co , N Hampshire. " 1 am the mother of n nice
baby four nnd tinlf months old , He U n prrlcct
child ntid weigh * About eighteen pomuK If you
remember 1 wrote you about n > e.ir ago ntwut my
condition. I cannot ( jive too much tnaUe to your
'l-'nx-orlte Prescription ' M It naved men great
deal of sufTcrliiir. I got along remarkably u ell ,
tills bclnir my first baby. "
"Knowledge is power. " In n thorotiRh
knowledge of the human body lies the
power that will at list stamp out weakness
of the body and mediocrity of mentality.
Dr. Pierce has taken u lotip look into the
future through his "Common Seine Medi
cal Adviser. ' U is full of just such knowl
edge as will do the ftniily the most good.
This book of over lone page * nnd finely il- ' , ;
lustratcd has had nn unprecedented Mile.
About 700,000 , copies have been sold at $ i. < jo
per volume. Now it can be had in paper
covers for 21 cctiH in one-cent stamps , hi
fine I'rcuch ' cloth for ten ccntt more. Address -
dress , World's DUncnsaty Medical Associa
tion. UufTalo. N. Y.
DR. L , E. IIOS ,
* " * * DENTIST
Iliioni III ! " , Murrlum Illuc-K.
Tnke Elt\ator.
; SPECIAL NOTICES i
COUNCIL BUUFPS WANTS.
* / \ / \ N/WW\rfc\/\XWW\y\/XfN/\V %
OiUbcl iO 1 > 7.
ron HUNT. SAU : on riiAnn IIY
LHONuiu nvuitirrr
FOll KENTIluubvu In Council II ults
$10.00 per month I'liciiv Hill unil mo in ro ot
Krouml , fruit ami cmlcn.
J12.DO ptr month New store loum , iO\CO , on
llromlua\ .
J9.00 per month U , * Third St. , C luunn nnd liarn
JC 00 per month ISIli ct. nml AM11 , c "il barn.
t'.OO per month1CO IlroaiUvay. si ire loom ,
Sfl.lO per mor' . , too lltnlmm insnuc , C roams ,
t ! 00 per me * 1ft 110 KlilF" xtitet , C-ioom house ,
Jl.OO per r 'iitliHouse ' on Ninth street.
ACUIJ r lOi'nitry-
JS.33 pel month A Mill Irnr.-'xecl 5 nrrei 2 miles
fiom to n. will tnke oni-lmlt at the rent In
u 01 Ic.
I'-Ort SAMV-City Propem
} (00 ( Good liouse. bir. . j'iM nnf. two lol 2J1J
rifth avi ; . , monthly payments , 57 per month
J200 Oooil hou e anil lot on A\tnm H bet wren
r.lKhth nnd Ninth SI ; . , jr per month
JIOO Good house anj Sot on Cth nvnup between
2.th nnil ICtli Els. , monthly pa > inri.is , ( G per
month
IS lots In Wilshl's ruUl for : ao nt acry law
prlco.
PAIIMS FOIl RAL.E
J25 per acre HO-ncre farm. 4 miles weft nt OHs.
weld , eastern part of I'nttanaltamle Bounty
J25 net arrc iO acres of CDO ! farming lumi north
of Neola.
525 per acre Well Improved 110-nore farm enat of
I.cnelnml. I'ottawattnmle county
f.'J per aci s 10 acres of ijooil fnnnlnr or fruit
land 3 miles from Sidney Fremont comity.
{ 23 per acrt 30 acies of eoo'l fruit luml , wit ! )
ninll house , north of Hamburg , rrcmont
count )
$25 per acre -40 acres of good bottom land , some
timber 2 miles i-ouir of clly limit1 !
$20 per acre 20 acies of RCOJ bottom land. 1
miles Fouth of Council BluffE.
10-acrc tracts of In ml 2 miles FoutU of South
Omaha , will take part pa j mcnt In city prop
erty
Good fnrmf for rent. Apply to
IiCONAItl ) nVEHETT. 16 Pearl St. , Council
muffs I own.
$15.00 per acre 40 acres of good land In Monona
county ,
rive and ten-acre tracts near the clly for aalo
cheap.
Good , cheap Nebraska lands for pale.
Will sell uny of the ubovc property on small
pa > menl doun , balance In ten annual pay
ments.
Other Rood farms for sale will tnlce pirt trad *
In city property or Fmsller farms , balance lone
time , annual paymint * .
DWELLINGS , FltUIT , FA11M AND GAUOEN
lands for sale or lent. Day & Mesa , 3'd Pearl
street.
HONEY TO r-OAN-itrr : > rcri : > HATH ON
firm-class Improved farms and Inside cllv
property. Apply to Jus. Jf. Ca sady , Jr. , 23
Main St.
Inctruetloni. Amln Tluptcr , studio
333 Ilrondway. rji-rmnn method
of Dresden Conservatory.
J. W. BQUinn. CITY AND I'AHM LOANS.
I'OIl BALE. AT A IIAHGAIN. A HMAI.L HUT
well establl'hed nnd remunerative merrantllo
business , liujulrc of 1)V. . Otis , 13J Pearl
st. . Council Illurrs , la.
AN nXPEIMENfEn WAIST riNISIinil SIHR
Calducll , C07 MjliKtir street , Council muffs , In.
Not from a financial standpoint exactly
but freejroin the defects lound in the
average heating system ,
Steam and Not Wafer Heating
All the lea'lino : Incairlescent , Gas
Burners and llantels. numbing
work.
2 > 2 .Mn'ii a nil
20J ! Peui-1 St.
COUNCIL JJLUFFS , IOWA.
Reduced Prices !
Hew proved
KIngofthem all , with ths best mantle and chimne"
Burns lass e.T3 ; and makes more li ht than any other lampin
he market. STEP AN BROS. , 52D Bway.
SOMETHING REAL GOOD
( FOUR FLAVORS )
VANILLA , CHOCOLATE , STRAWBERRY AND MAPLE.
Made for Trade Who Appreciate Quality.
DEALERS SUPPLIED BY * < *
John G. Woodward & Co. ,
kWliolc. ulo Manufacturing Confuctlonum ,
Council Bluffsj la.