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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 31, 1897)
THE OMAHA PAIJLY I3EE : FRIDAY , DECEMBER 81 , 1807. OPPOSES THE APPLICATION American Watar Gompiny Oomai Up with lU Defetuo , RESISTS ANY DEFICIENCY JUDGMENT Answer tn Hip I'filllon of < lir I-'nriii- cr ' Ion n nnil Trtmt Company I'llcil In the 1'eilcrnl Court. The American Water company will fight the a 'cmpt ot the Farnicr/i' / Loan ami Trust company to secure against It deficiency Judgment of omo halt o mlUlon dollars , by tthlch amount , II Is alleged by the trust company , tl.c money secured from the sale of iho waterworks plant In this city tailed to si'fefy tbo claln.4 against H. The ac tkn for a deficiency Judgment vm he-gun In tlic federal sourt on November J3 toy the Farmers' Loan anil Trust company , which was the mortgagee ot the plant. H < wei eel out that the claims against the plant ami the company exceeded by about 5SOO.OOO the amount secured from the lore closure sale and It was urged that this ( lit- Ic-rcoco should bn niado up by the stockhold ers of the American Water company. To HIM ull the latter than Just filed au answer , letting for hi defences. One ot the main contentions niado by the water company U < that tlio trust company failed to obey its Instructions In ( bidding In thu sale. It Is ul- li'Sed ' : hat at a meeting n-picsentlns $3,554- 000 worth of the fS.MO.OOv stock the trust company -was Instructed .to bid a maximum of $1,500.000 for the plant. It Is a afrtcd that these Inttruo Ions wcic given for the Epoclllc purpose that thu bid should > bo cqua tu or In excess of the amount duo on the ( bonds ant ) coupons ot thu water company , In order that no deficiency should be created. It Is corr ended that the trujvt compinywas without discretion to bid ICES than the amount fixed , whereas as a mailer of fatt It bid only J4.1J9.034.1Sthus creating the deficiency. Another main defense nude li that tbe trim company has violated the 'terms and provisions of thu decree of foreclosure. It won specified that -on the sala of the plant nil the bonds end couions of the water com. pany should be paid acd canceled and In rtlin report of tbo master It was stated that $4.326,094.79 worth had been thu * canceled. There wan left unpaid and due bonds amounting to $174.726.96. but It Is alleged tha' Kills amount of money was paid by the "trust company to the master -to take them up. If the provUlon of the decree had been followcj out It In alleged that no deficiency could exist. It Is ncsertcd that In the de cree of foreclosure a plan of reorganlzi-lon wan mapped out , -which provided against an > deficiency. The trust company -was to havi convoyed the plant to the Omaha Water company aa trustee. The Omaha Water company issued bonds and coupons , whlcL were accepted by all tie holders of the orig inal bonds and coupons , thus sn-.lsfylng all claims and doing away with any deficiency. It Is else set out .that the trust com pany Is a little too previous In Us applica tion for a deficiency judgment. Inasmuch ce a final confirmation of ' .lie sale ot the plant is not at all certain. Thf sale was con firmed by the circuit court , bJt the watci company Is alleging that the trust com pany did not perform Its ibid , upon which it is asserted the conflrnutlon of the mlr is conditioned. Hy reason of this the water works company has appealed from the con firmation of the sale to the appellate COUP : , The latter court , according to the answer , U not a't all certain that the trust company did all things It agreed to do in Its bid , for It has asked for a report from Master-ln- Chancery E. s. Dirndy , caking how far the "bid " has been completed. This report is to * o filed by next March and the water worko company claims thai this will show that the bid was not fully porrormcd and that the confirmation of the- sale will ibo set aalde. The -water works company also alleges that the court of this district has no Jurisdiction in the case and also advances the defennc that no deficiency judgment an bo rendered pnder the act abolishing such judgments , passed by the last legislature. wmv I.-CMI IIOI.LV NO.MJSHKV. Coniitcr Aflliliivltn .I'rcfteiiteil by tlio Cltj'M Attoriic ) M. Arguments on the application for a new trill In the case of the city of Omaha agalnsi the first term bondsmen of Henry Bolln , ex city treasurer , were commenced before Judge Slabaugh yesterday afternoon and will be returned again thb morning. At the time ot the odojurnincat last .night Attornej Drome had only fairly got started en the opening argument. It Is likely that the arguments will consume the greater portion of the time today. Yesterday afternoon before beginning upca * ho arguments Attorney Mahoney for the bondsmen filed the affidavit * of Jurors Blake , Sllghtam and Dunn who swore that during the poadiccy of the trill they bad hearC. the case discussed In the jury room nnd that they had heard Juror Oney say that he had made up bis mind how ho would * vote ; that the sympathy of the public was with the city and against the bondsmea. They had heard Juror Miller aay that he would not believe Spratlen and Doollttle , wltncagps for the detente , and had beard Juror Garlock say that there was no reosoa why the bankera , referring to tht bondsmen , should not pay the full claim for which the city brought suit. To rebut the affidavits filed by Attorney Mahoney Attorney Connell presented the affidavits of Jurors HarUcll , Miller , Oarlock , Paul acd Cramer , all of whom denied the truthfulness of the affidavits made by the other jurors , their associates during the trial. They were with the jurors all of the time durtag the five- weeks and altered that during that time the case was not discussed or referred to until after It wta submitted. Attorney Connell filed his own affidavit and the affidavit of Assistant City Attorney Scott , both of whom averred that Juror Oney had ted ! him that bo Iia3 visited the office of Wtorney Mabuicy. going there at the re quest of John F. Goad , one of the bondsmen , and had been asked to make an affidavit , but had refuted , lie had told Attorney Mi honey that ho w < > ud ! not loiko an affidavit but had told ot coaverwtlons In the jury room In reply to the affidavit of Attorney Con- ncll Attorney Mahoney filed nb own affidavit relative to the visit of Juror Or y , after which the arguments were commenced. IMI.V-MJOXS TUB IMIUSUCUTHM. CountAKtirney IllniuUnri 11 .Number of CnncM * Yesterday Judge Daker took up the crim inal docket and on motion of County Attor ney TUlJrlRe , tbo following canes were dis missed : Alfred Knapp , burglary and grand larceny ; Fritz Swinson. burglary ; H. G. Chaffec , forgery ; Ed Willis , burglary ; S. II. Clark , sending threatening letter through the malls ; Lee Nestlfhouje , contempt ol court and also felonious assault ; William [ Mayall and George Hill , robbery ; Albeit Adams and Frank Krcjlcl , burglary ; Grc Graboskl , assault ; Felix Oraboskl , asiau.i , John Knrjlcek and Albert Spalttal , breaking and entering ; John llcranck and Anton Prusha. placing obstructions on railroad track ; Albert Soudcnberg , forgery ; Paul Mur ray and Aaron Sherroy , prize fighting. Sherroy having died at the county hospital ; 0. Gee Wo , illegal practlco of medicine ; Mamie Sunbald , placing obstruction on railroad - road track ; John 1 * . Hangv. It. Komlnc , James Taylor and Cha-lej T. Satforil , at uU ; Lowell Adalr , Ir.irfilary ; Charles Knear , incorrlgiblllty ; John McCormlck. 'r. , rWllllam Perklni. Jlobert lleynoldi , horao tea4lng ; J. F. Cook , Illegal practlco of it-dl- cine ; J. C. Hnwcs. iame ; William Thouiai. adultery ; W. II. Sinclair , mallcloiu d'stiuc- tlon of property ; Henry Smith , burglary end grand larceny ; Tim Sullivan , na.e ; Jamc uilth , fornication ; Junuette Allen , procuring ; Otcar U. Hill , telling liquor with out license ; Mil. L. Welubtrg , triui ; Lir. The motion ( or a new Irh ; in the case of the cUte against Henry Ilecht. convicted of iau laughter , was ovsrrulil and tha teaner will fee eentenced this morning. At the trial Hecbt WM convicted ot having Frank Zabrel whlU both partlsg were attending dance held on the evening ot July 4 , last , Tlio affray occurred In South Omahi. n.iiKirr sL'GMt iix Ninn VSKA. CltliKMi'iif Onmlin Drfemtii Hie Indnitrr AunltiKl Knftlcrn Crltlclntn , In the Scientific American ot November 27 , on PORO 23S , the following paragraph ep- owred : Nebraska , al o. Is not likely to show rnpld or Immedhto progress In the In dustry. l > routh nntl thp Inrk of aulllelent surfHce wnte-r to make IrrlRatlon praetloablu debar n considerable portion ot the state from profitable ngrlculture , nml. while east ern Nebmskn has nome very flno sections of land that In n normal year can be de pended upon for crops that will compare favorably with Kuropf , the pcnernl re sults have not been peed enougvi to war rant anything but most cautious progress. Two of the most desirable Kites are now looking for n factory , nnd If Fucli n ono wen built of not less than K > 0 tent en- txiclty. It would , without doubt , be mndo to pay well , TJ um up , therefore , the future of the Industry In California nnd New Mexico Is quite rosy : In Nebraska nnd t'tah It H somewhat problematical , thoup.v by no means dark. This statement was promptly challenged by an Omaha gentleman , who wrote to the edi tor a letter which was published la the Issue of December 25. The letter Is given here In full : OMAHA. Ucc. 10. To the Editor ot the Scientific American : lu the continuation cf your article cti 'The American peet Sugar Industry , " JXIRO 338. in No. 22 of the Sclto tlflc Amerlecu , them U an assertion about Ncbrtfika which I tamiot allow to rtani with out correction , In the Interest of tbe farmers and business nun ot this Btite. As an old practical European expert , I Lave personally no tatcicst whatsoever Whether or not the group C.tllfoicU-N'ew Mexico or the group Nebraska-Ulan Is of greater promise as a sugar producing district , I am only Inter ested eo far that the beet sugar Induetry will prosper with the beat results in the United Stalis. You may ckuijlty me. therefore , to bo entirely Impartial and unbiased , although being accidentally a rcsldmt of Nebraska , and ycu will undoubtedly fcl'ow the maxim ot equal rights to all , not wishing to Inflict an Injustice to the farmers end business men of Nebraska by poiulbly a cae-sl3ed pre- suir.ptka of ycur Informant. I wish to state that I had more than thirty yeara of practical experience lu the line ol bct sugar Industry In Europe. Resldu this I have been'for jears a corresponded of the Viennese Imperial mctcoroloKlcal central "bureau , and as such I studied the weather observations In Kurcpe carefully. After this Introduction I request you to give space In your highly Instructive and cn- JcemeJ publlcatlcn to the short correction ; for It L3 nat to much what jour latorrcani docu say In conclusion of the article ahuut the beet culture In Nebraska as vha'y bo deduced therefrom between tha llntb jy diligent rfading capitalists or Investors. The American boot sugar Industry Is at present -topic of more than ordinary Inte- cat , for It means an important development ot our rich agricultural resources to the lasting benefit ot the whole country. In weighing the possibilities of different locall tics for be t culture it U absolutely nccco siry to observe falrncts and correctness In the rssertions. It is said In the said artl cle on the subject : "To sum up , therefore .ho future of the Industry In California am Now Mexico Is qulto rosy ; In Nebraska and Utah It is soaewbat problematical , though by no mears dark , " then It seems thut the list Inference Is eomewhat haoty , because there have fteen working with tbo best rc- sul's beet pusar fac-'oricn In Nebraska. Comparisons between the European meteo rological observations and those of the United States Weather bureau for the Ne braska eastern and center sections ( furnished by 5tr. G. A. Loveland , section director ) shov ; that the normal annual preclnltatl..n , tviffnty-flve and six-tectha Inches , the aver- , nso for the last twenty years In east Nebraska - braska , has been decidedly jJbout one Inch J more for boot culture In the two eastern ' sc-ctlons and In the central section of the ! state than the normal annual precipitation i In the principal beet districts of Germany and ot the 'Bohemian ' and Moravian parts of I Austria. The average annual temperature' ' In these three sections of Nebraska (4S ( C-10 | dogrces ) Is about 4 to 5 degrees 'Fahrenheit' ' higher , and therefore somewhat more un-1 favorable than In the German and -Austrian beet districts , but this seems to bo neii- trallzcd by the better soil and by the signifi cant fact that In Nebraska (111 ( reputed for so-called deficiency In moisture ) 67 per cent of the yearly precipitation has fallen , during the twenty years of official observations , in the pericd of vegetation. In the months from r\prll to August Inclusively. The maturing period of the beets extends very far Into October. A better showing cannot be made by any European beet growing cistrict , 1-ardly as good a cno by any one of them. The mistaken Idea that Nebraska must be I devoid of sufficient moisture for beet culture eeems to be traceable to the exceptionally I dry years 1S93 , 1894 and 1S93 , remembered \ by all the people In the United States as the years ot the g cat drouth , and perhaps to the fact that the arid western part of tha slate has been taken as a criterion tor the whole commonwealth. The reports ot the -weather bureau are easily obtainable and ought to bo made tbe basis of all such deliberations , for they are the only reliable source of Information on subjects In regard to this new Industry. A study of these reports .bearing1 orfl the climatic conditions of the eastern half of 'Nebraska will convince every unbiased observer that these conditions are most favorable for the successful development of the beet sugar In- dwtry. Essential tests , quality and quantity , of beets grown In the state. In the existing sugar factories have -proven this to toe the case beyond any doubt or negation. SAUKANDBIt. Prosperity comes quickest to the man whose liver Is In good condition. DoWltt's Little Early Ulscrs arc fatnoua little pills for constipation , biliousness , indigestion nnd all stomach and liver troubles. llollilay Hull. A. holiday ball was Riven by Banner lodge. No. 11. Fraternal Union of America , at Myrtle hall last nlsht. It was the second similar nffalr attempted by the union and won nttffnilpfl ihv * 30rt momhHrs nf the brotlicr- hood and their friends. A long dance pro- pram was completed under the conduction of nn orchestra composed of Fraternal Unljn members. The r.iall was appropriately decorated for the occasion. One lloral piece was constructed of roses In the form of a shield. The lettering , clvlnff the title of tha lodKC , was done in roues , doing credit to F J. Jablecnlk of thj committee on decora tion T.ie list ot committees was as fol lows : F. F. Roose. Oscar Peterson. F. J. Jablecnlk. J. S. Thatcher. H. A. Worjpy , A J. Whlddcn. J. H. Mason. II. O. Bailey. W. S. Yager , and Misses Dellne , Kter , Peterson iuul Armstrong. A grand mask ball and banquet benefit will be given to the newsboys and boot blacks of the city at CrelRhton hall on * C > K Year's nlpht. As described In n newsboy poster deslKnc-i. for the occasion , the affair will bo tendered under the auspices of " .MoRy. " and the boys will bo en tertained in n manner appropriate to the season All members of the craft In Omaha are looking- forward to no luvmUeil coed time and several hundred will be In attendance The public is invited and a small admittance will be - ' TO CtUIK C01I1 JX 0X1 ! I > AV Take Laxative Urorao Quinine Tablets. All druggists refund the money If It falls to cure. 25c. The genulao has L. U. ( J. on eii.lt tablet. not i.nv.iiiD TO tr.viTE THU r.vnics. AVI II Connlilrr the Itnrlnr I'lnn of CnrnUlu Tbo Hoard ot Park Commissioners wilt meet toJay mainly for the purpose ol considering the plan to provide boulevards Kin-ten Hemls and Hanscom and Hanscom n < J Illrcrvlcw parks by utilizing the unlm- irovod ravines which stretch across tha western and ( southern parts ot the city. The details of the plan have already been pub lished In connection with the views of Com missioner Cornish oa the subject. nd dur ing the ttc-ck the members ot the board have spent a day In Icoklag over th < * ground and calculating the chances ot success It tbe undertaking should be attempted. The In vestigation has been very sitUfactory and ; he members have become decidedly en thusiastic on the subject. They are con- rlnced that the plan eta be carried out at very ellght cxpenic. Nearly the entire distance Is covered by ravines which are practically valueless from a real estate standpoint , and the coit ot condemning ana appropriating this worthless territory would 1)0 comparatively Inslgalficint. The mem bers believe that the benefits to the adjoin * lag property that would accrue trora tha transformation of these unsightly gulches Into handsomely parked boulevards would be easily sufficient to pay for the cost ot ap propriation aside from the cubatantl.il bene fit that would resort to the city at Urge. If the course of the ravlsca should be fol lowed as contemplated the boulevard would ueg'n at Bemls park and enter the ravine at about Twenty-sixth nnd Hurt streets. It would 'follow ' touthwcst across the Hcdlck grove and the Turner property at Thirty- second and Farcam streets and come out at Thirty-third end Woolworth avenue. Leav ing Hanscom park It would run almost due e&st on Uoulevard and Valley etrcets to Itlvervlev. The members have now ac quired about all the Information that Is avail able on the subject aiyi at the meeting tomorrow the question , ot definite action will be considered. It Is the expressed sen timent of the- members that the preliminary steps should be taken at once and It U very probable that this will be decided on. Hi-turn from Lincoln. Secretary Glllan and R. C. Jordan of tbe Board of Education have returned from the meeting ot boards of education In connec tlon with the ataual convention of the Ne braska State Teachers' association at Lin coin. They report that the convention Is one of tbe meat Interesting and. successful that has yet been held. The participation of the school .toards waa a new feature. but about twenty-five members of the vari ous boards of the state were present and enjoyed a very profitable two days' cession. Their discussions were participated In very frealy by the superintendents and some of the differences between these two branches of the educational system were pretty thor oughly ventilated. It was the general ex pression that the fimt meeting of the school beards wca a success and that next year would record a largely Increased Interest. It Is easy to catch a cold and just as easy to get rid ot It It you commence early to uss On ? Minute Cough Cure. It cures coughs , colds , bronchitis , pneumonia nnd nil throat and lung troubles. It Is pleasant to take , nafe to use and sure to cure. I AMUSEMENTS. WH jti saruararu3&tsa" After having been wl.Ticut a Hoyt play for a period cf months , the Omaoa public found the aching void supplied last night at Boyd't , where "A Contea.ed "Woman , " brightly de scribed as the author's masterpiece , wus pre- siotcd , not for the first and 'possibly ' not fcr the last time. A couple of years ago , when the piece was new , itwas brought here by a comptay wblch Included 'Mrs. ' Hcyt an ! tie presentation took on aa added value from the actual bodily presence of Hoyt himself , who favored the audience with u. curtain speech which ccataloed many gema of wit and .humor which had escaped in the constructica cf the play. la view of these well remem bered events U does not seem necessary to review "A Contented AVoman" at leng-fi in this place acd at this time. L'ike most of Mr. Hoyt's alleged "satires" It oatlrlz63 local end not general pbLses of American life cad ple-isea mos ; that large holy cf theater-goers which likes to laugh and cares little what means are emplojed to stir its rlsiblHtlcs. The present company is quite aa good as the original one In eome reapecta better. H would be no compliment to Miss Archer to ccinparo her , however favorably , with Mrs. Hoyt , who cculda't act "a lli'tls bit , " and whoso much vauated beauty WES found to bo ot the wax doll -\arlety. Furthermore , no comparisons are needed , for 'M-lss ' Archer , In personal charm , artls'tlc ability and taste In dreialng. Is qulto competent to stand alone. The engagement ID fcr three nights , with a matloco on New Year's d-iy. At the Crelghtoii that active team ot en tertainers , Donnelly and Glrard , brought themselves and a large number of a-ldew and abetteni once more to local notice la a bunch of helter-sktlter nonsense called "The Geezer. " Tills vehicle ot entertainment maybe bo taken by imaginative Matures as a. travesty on "The GeUha , " but the cconectlcn Is not eo firm as to harass tbe Inftellcots of those who try to uuravel It. Edward Glrard la far more than half of .the show. He plays an Irl&h Chinaman , a part cew to the stage. H-is legs are his fortune. The same may beeaJd of most ot the female chorus , which , so far as faces are concerned , la not a beauty show. Dtxraelly , as LI Hung Chang , stalks about lea a kind of tiance through two acts , cud only recovers animation In the third. May Low- cry , a clever young wxman with a sUll , small voice , ID the O Le Mwa Sam cadIs good to look at. Nettle Biack Is a handsome young woman , who bis been reen here before not long ago. Mabel Rivers arouses a certain amount of enthusiasm by her Imltatlca ot a French d-ill , a performance to which Gl- rard knds fantastic assistance. There are no noteworthy voices la the company , a sta'.o of things from which several pretty lyric numbera are made to suffer 111 usage. Plenty of light and color are supplied by scenery and coutumes , and if "Tbe Geezer , " ou'.sldo ot Glrard's individual efforts , Is not extremely funny It is at least funny enough to amiue a great many people and to while away an evening quite handily. Same bill remainder ot the week. A. icat- Inee will bo given en New Year's day. "Tho Prisoner of Ztada" will bo the at- tmctlco at Boyd's ca Monday and Tuesday evenings of next week. This stirring drama waj a favorite In Omafca last scasco and the denouncement cf Its return is likely ta be received with satisfactlcu. As heretofore , Howard Gould heads the compwy , which in cludes Fanchon Campbell , It. F. Mcbinnl'i ' and other well known people. "Tho Wedding Day. " with Lllllto Uutsell , Delia PCX and Jeff DVugclls , will be pre sented for a single pcrfornwice at Boyd's nest Wednesday evening at advanced prices MM. Mary Bird. Harrls'jurs , Pa. , Bays , "My child Is worth millions to me ; yet 1 would have lost her by croup had I not In vested twenty-five cents In a bottle of Ont Minute Cough Cure. " It cures coughs , colds and all throat and lung troubles. SpcalcltiK of shoe vltutcs did you overstep stop ami think that Drcx L. Shooman Is the Kreak'st shoo value tfvor In Omaha- look at the value in our three-sole ine- chauleu1 shoe lace with tap sole full stock calfskin uppers sole of the very best quality of oak sole leather there arc hundreds of people In Omaha today that will tell you It's the best shoe value ever shown If you were to get the price yourself you wouldn't put It ti bit below § 4.00nd it's worth it but wo do Klvo values in our shoes so only price these at $2.50. Drexel Shoe Co. , 110 PARK AM STREET DISCUSS WATER QUESTION Much Talk on the MucrTfoooted ' Subject at a ALL KINDS OFJ''IDEAS EXRES3ED Lu t re > llcKnlnllnn In . \ < lo itrit dint ( lie Coun cil nt Once Order , AViHer Cum- pnny to Mnk.c Cnnncctlonn i rrltli l iioalttoii Mnlnn. "lit One side of the water'-works ' question was discussed with much Vltfor at the council chamber last right. It there was any senti ment on the other side It was not In evi dence. There was n fair representation of property owners , among whom were Guy C. Darton , John D. Howe , P. E. Her , J. D. Kitchen , J. M. Kenney , W. O. Saundcrs , John Powers , Ferdinand Streltz , Henry W. Vatcs , Herman Kountze. John L. Webster , Thomas Swift , Thomas Kllpatrlck , J. J. Points , S. Jonasen and James B. lloyd. The entire evening was occupied by a series ot speeches , which expressed unanimous oppo sition to the ordinance now before the coun cil , by which It Is proposed to waive the right of the city to purchase the plant until IMS. The members of the council nnd other city officials -were present , but with one or two exceptions they took no part In the dis cussion except to propound an occasional query to one ot the speakers. President Dlngham ot the city council called the meeting to order and stated that the members of the council were present merely to listen to what the property own ers had to say. J. B. Kitchen was made chairman , Mr. Blngham declining to serve In that capacity. There was some delay In beginning the discussion , as no one seemed Inclined to take the Initiative. Finally a labor delegate suggested that some ot the counellmcn who favored the ordinance should state their reasons. President Blng ham submitted the demurrer ot the councilmen - men , which was based on. the fact that this was n citizens' meeting at which they were merely listeners. John D. Howe called for the reading of Stunt's minority report on his resolution and the motion -was amended to Include the majority report. While City Clerk Hlgby v\ent after the document City Hnglneer Rosewater was called on. He said In the beginning that his report , which was Included In iboth committee reports , dealt merely with plans for providing a water sup ply for the exposition and not with the ques tion of extension. He briefly stated tbe re sult cf his Investigations as contained In his report. The reports were then read In full. HERMAN KOUNTZE SPCAKS. Kountze was called on. He said that he Srad come to hear what t5ie comcllmen had to say la favor of tie oriUntoco rather then to talk. He did not wish 4o advocate any thing that w < u > unfair to the water company or 1.0 the exposition , but ho believed that It w.'s the duty of the city council to protect the Interests of the city first. He ccuteaded that to waive the right of purchase was too great a price -to pay for the service desired and that the city should take no step that would Interfere with the pnrcterse of the plaot In 1903. Ho wan as much interested In the suc cess of the exposition , as' any man In Oman- ) , but bo did not bellere that the city should barter away valuable rights for a nominal sum as was proposed by [ the "ordinance " under ' ' dlscusslco. Henry \V. Votes referred to the proposed cxtcnslra as a sacrifice ot municipal Interests for a me 3 of pottage. , He said that In the orlgiaal water works -controversy In 18SOthe right of purchase In1 twenty years was re garded ca one of ' .ho ucst Important fea tures of the contract. Some eight years ago tbo question of an extension bad been dis posed of by the glvorout'Opposition ' of prep- erty owners. . 'He conjco ed that the twenty years dated from lie pareage of t5ie ordinance in 1SSO cud that the right of purchase conse- qutatly matured In 1900. Itwas purely a business proposllcn- ! < nhe money that would bo expeudcd by&o city and the cx- posttlin company in carrying out the plan submitted by the city engineer was a mere bagatelle la comparison with what the city proposed to give away , by this ordinance. He attacked the stoiiemcn-t that the city was note ! o a pwltlcu to buy the water plant by quct- Ing figures to i-how that muclclpal bonds were being floated at 3 and 3 > ; per cent. Mcoey was never cheaper and the city could never enjoy a more favorable opportunity floa't bends to purchase the plcut. He then g-ive < j succession of figures to show what the ' extension ( meant to _ the water company. It would bond Its plant for $11,000,000 ad tbe city of Omaha would Indirectly pay -the C per cent Interest on tac.so beads Instead of payIng - Ing ZVt per cent en the amount of bonda ihit would be required to effect the purchase of the pleat. He urged tbe council to refute to pass the ordinance fed Instruct ihe city at torney to take -in appeal from the recent de cision of Judge Mungcr. ' Then if the water company refused to furnish wcter for the exposition Us frcochLse would be forfeited cod the city could proceed at dice to acquire tbo plant. Guy C. iBarton said that when -the water works franchise -was granted it was conceded that the rates -were exorbitant , but admitted that the inception of such , an enterprise at that time justified ( high rates. But the Omaha of that day bore no comparison to the present city. The limit of the time during which the city must bear this onerous burden b.id been fixed at twenty years , and It ex pired In 1900. The city council should sto that the load was not Imposed for aa addi tional pericd. WDBSTBR WANTS TO KNOW. John L. Wcftster wanted to know tvhero this ordinance ccmc from. It was said to have been submitted by the exposition direc tory , but tte menobers of that body toad told Mm they were opposed to any extension ot the water v.orks franchise. In reply to the alleged statement of the -water company's officials tnal they -coma not turmsn water lor the exposition without enlarging their plant Mr. Webster said thatthe sworn statement ef these officials , "Whichwas " on file In the United States court , -was that they had the capacity to furnish 15,000,000 gallons ol water a day , exclusive of the Burl street pumping station , -which could supply 0,000,000 gallons a day additional. Tbo same testi mony was that the maximum consumption In Omaha was only 14,000,000 gallons a day , thus leaving the plant a surplus capacity of : O.OQO,000 gallons dally. Continuing. Olr. Webster called attention to tto fact that the owner of tbe 'Bee build ing contributed $3,000 to the exposition , while this Immense corporation , -which drew ? 30fl- 000 a year frc.ni the municipal treasury , and was capitalized for 111.000,000 , had only given 13,000 , and now v.icn the exposition ' company asked for watci' It "was made a con dition that the wate * Company should re ceive this extension of "Us franchise. Ho predicted that If Ittt'as nettled < hat the ex position company wAulfl put In an inde pendent water plant rtfcewater company would come to tlmo in 'kss than forty-eight hours. ' President Blnsham'atswcred Mr. Wcb- strr's first in'.errosattcn'iby stating that the ordinance had ibeen ibrdugbt to the council t > y the " exposition people , who have practi cally "declared that unless water was pro vided the exposition irould never open Us gate * . HOWE 13 SURPRISED. John D. Howe * kl he was gratified , but somewhat surprised to hear that President Wattles had brought In this ordinance. Where did ho get It ? Who < old him whit section to amend ? Was there Any doubt wihero he pot his inspiration ? This exten sion was worth millions of dollars to the water company and Itwas worth Just as much to the city. < Aml It was proposed to glvo It away for a few months' water supply. Ho declared that the city council should unanimously oppose the proposition. Ho made a vigorous argument along the line of municipal ownership and 'warned the council that It .the right of purchase should bo frit tered away now It might tie lost for all time. J , M. Krnney made the speech that ho didn't get a chance to complete at the meet ing two weeks ago. Ho referred very sar castically to that occasion and declared that he had seen letters written by President Wattles to prominent citizens asking them to be present and advocate the passage ot the ordinance. Mr. Kountze finally brought the matter tea a focus by moving that It be declared the sense ot the meeting that the council should Immediately order the water company to make connections - withthe mains on the ex position grounds. This wna carried by a unanimous vote and succeeded by a post mortem discussion which accomplished noth ing except to prolong the session , Mr. Yatcs then offered a resolution by which the city council was requested to In struct the -illy attorney to appeal tl.o recent water -worka case. He Mid In sucvort of his resolution that ho had the opinion ot John L. Webster that Judge Monger's de cision would be reversed on appeal , and that was good enough -for him. City Engineer llc * ewatcr said that the city was not concerned In tWs case. This was In the Interest ot outside parties , and the city should not stop In to be a catspiw for the Venner Interests. The resolutlca re ceived o few scattering votes nnd was de clared adopted. The fame action was taken on a subsequent resolution by Mr. Kountzc , which cuiressed the sense of the meeting that tbo council should Jake no a-ctlon con templating the waiver of the right of pur chase. Without doubt the most wonderful remedy for pain Is Salvation Oil. It sells for 25c. AVnnlK < : nmlillnRSuppressed. . Frank Devorab was nrrested last night for allowing a poker table to be operated In his establishment. Complaint waa made by W. B. Vnndwall of G12 North Sixteenth street , who claims that the plnce of De- vorak Is against the publlo morality of the neighborhood. He says that his son has been In the 'habit of frequenting the room and has contracted a passion for gambling. Mr. Vnmlwnll states that ho hns used every means to keep his son from visiting the place , but has been unsuccessful nnd Is now making an effort to have ths gambling stopped. HUH it .11 nti 111 for 1'Icn. G. O. Woods was nrrested last night for the larceny of fifty pies. It U charged that he obtained entrance Into the pantry of the Hurst Pie company , where he found pies In tiers and columns and thought t'hat an armful less would not 'be ' an apparent loss. He was Intercepted by Olflcer McDowell and tnksn to the police station. The pies were also recovered. IIIxMoney IlncU. . . Frank McElroy was arrested on a war rant last nls-ht at the instance of Nicholas Cameron. Cameron states that he was In duced to advance T15 -McElroy on the sup position that the latter was well stocked with real estate and other securities , whereas he had no reasonable prospect of being able to return the money. GDimV SOCIETV STOPS THE DANCE. Ellison' * DatiKliter Not Allnrrcil to Appear In Clinrltx 'Entertainment. NEW YORK , Dec. 30. Madeline , the 9- year-old daughter of Thomas A. Edison , the Inventor , was to have appeared In a charity performance at Carnegie lyceum , but the Gerry society officers Interfered. They In formed tie managers ot the entertainment that Miss Edison -would not be allowed to appevr. so her part was taken by an older girl. The second half of > tnc program con sisted ot a performance of "The Pled Piper of Hamlln , " In which parts were taken by more than 100 children. Chorus songs and elaborate tableaux made up the greater part of the performance. Mr. Edison's daughter was to tavo appeared in what -was really little more than a walking part , only a few dancing steps being Intermingled. The Gerry society agents heard that little 'Miss Edison was to "perform a dance and word was sent to Carl MUrwIg , the dancing master , who was In charge tf the affair , that she would not be allowed to appear. He called on the Gerry society officials and explained to them that the affair was to be nothing more than a children's -performance for the benefit of charity , but the Gerry agents per sisted in their refusal to allow Miss Kdl- son to appear. In addition they Instructed Qlarwlg not to permit Miss Flezln , a 14 year-old girl , to appear In a. gavotte. Tha managers of the entertainment were incensed -when they learned of the action of the Gerry agents , as they had taken spe cial care to obtain Mr. Edison's consent to the appearance of his daughter in the tableaux. At the rooms of the Gerry society the only explanation of the action vouch safed was that the proposed dancing of Edi son's daughter was clearly contrary to law. Mr. Edison took tbe matter good-naturedly. He said : "My opinion Is that the Gerry society probably Is a good and necessary institution , but Its agents ? o not always use- horse sense , as It appears In this case. " I Mrs. Edison said : "Commcdoro Gerry's j action was -wholly uncalled for. It there were tbe slightest Idea that there could be anything demoralizing I certainly should not have let my daughter come In the first place. Her dance Is simply a parlor dance. " OI'EIlATOlTs CbOSU COAL MIXES. Colorado Company Anticipate * a 3IInrrH < Strike. DENVER. Dec. 30. As a result of the cdlot issued Iby the executive committee ot the miners' union of northern Colorado , callIng - Ing upon the men to demand higher wages or strike , the Rex Coal Mining company has closed down its two mines at Louisville , throwing between 200 and 300 men out of employment. The stand taken by the Rex company will probably 'be followed by the other companies operating In northern Colorado rado ani all the miners In the district will be thrown out of employment. Preparations are being made to call a mass meeting for the purpose of urging the executive com mittee to rescind Its action. Many of the miners who were thrown out of employment by the action ot the Rex company assert that the action of the executive committee was unauthorized. Kle'M AIliiHf otii Mine , ( MILWAUKEE , Dec. 3)- . The Oliver Min ing company , owned and controlled by the Carnesle company , has Just secured control ot a newly developed Iron mine near Ely , Minn. , on the Vermilion range , known ns Section 23. The terms are not yet fully known , but it Is believed In mining circles that the Oliver company has tecured a twenty-year lease of the mine upon a roy alty of Sf > cents a ton , -nith a bonus for the lease of { l It Isn't likely vctvrUl linvo any harder or soft conl henter.sleft by the first but as long ns we linvb we're BoliiB to lull you how cheap wo'v priced them the ? 20 Jewel liurd coal -heaters are ? 1G the ? 22 ones ? 20 th g28 ones ? 25 the § 25 Solar Jewel for pott coal for $20 the ? yo oliu-s for ? 2o the ? 35 ones for § 30 these hro the only sizes we have now so If you want to secure the best stove made nt bargain counter prices this U your chunce we .always keep a full Hue of Jewel Bteel ranges a new lot of the popular four and six-hole sizes just received they are $24 to § 27. A. C. . . RAYMER , Builders' Hardware Here ; , 1514 FartmmSt. South Omaha News. In reference to the request ot the city council for a flagman at the boulevard crossIng - Ing of the Elkhorn and Missouri Pacific tracks , officers of thc e two companies have agreed to give the relict prayed for. It Is not the Intention ot the railroads to station a permanent watchman at the crossing , but n brakcman on every passing train will be compelled to go ahead and flag the train across. It Is claimed that the tracks at this crossing are used only for switching and that i brakcman ran serve as a flagman without any trouble. At first it was proposed to place an automatic electric alarm at the crossing , but the railroad officers said that tlieso contrivances were not entirely success. ful , as they frequently failed to work properly at a critical time. The plan to have a mem ber ot a train crow flag nil trains across the point named met the consent of the rpeclal council committee appointed to look Into the matter and the plan as proposed by the rail road people will bo tried fort a while. If It Is not a success a watchman wilt be p'acrd on duty at the crossing. Fire .I > ptnrlmcnt Ilnll. Last night the South Omaha fire depart ment gave Its ninth annual ball at Sangcr ball , Twenty-sixth and N streets' . There TV'SS n good attendance , as the sale ot tickets had been larger than a year ago. Mayor Ensor and a number ot the members ot the city council dropped In for a tow minutes to watch the fire laddies enjoy themselves. The chiefs and a portion ot the fire companies from each , ot the fire departments ot the different packing houses were present nnd assisted the city firemen In entertaining. Chief Fred M. Smith acted as master of cere monies and was assisted by committees com posed as follows : Arrangements , D. C. Gar- rctt , 51. McCuno. W. L. Holland ; reception , Captains ( Ed Hanley and John Brlggs ; floor , ( Assistant Chief Holland , Captain Haulcy and Matt McCuno. M11U Denier * nn l Ilemur * . All dairymen's and milk dealers' licenses expire on January 1 and It Is understood that the recently organized milk dealers' union will take steps to ECO that all- persons selling milk after that date are provided with the proper license. It la claimed by mem bers ot this association that certain dealers In the lacteal fluid obtained a license for one or two cows only and then purchased enough milk to supply a wagon route. A wagon license costs $25 and It la proposed to com pel every dairyman who sells milk from a wagon to provide himself with a first class license. Some members of the union assert that they will go further than this and make It a point to sec that al ! nonunion dealers procure a license according to the number ot cows kept. A'e-rr Hello -Station. Tomorrow the Nebraska Telephone com pany w 111 take possession of Its new quarters In the Brandcs block. Twenty-fourth andi N streets , and commence at once the remodel ing of the south 'half ' of the second floor. The entire floor will be used by the 'tele phone people , being- divided Into an office , operating room , storage battery room , etc. All ot the partitions now on this floor -will bo torn out and this portion of the hulldlng entirely remodeled. The new switchboard , which is to be of the latest pattern , Is now being built In the east and will arrive It Is thought about the middle ot January , -when the exchange -will bo moved into the new quarters. ' rtrllcvne'a StiimllnK Timber. It Is asserted that the HJellcvue Improve ment company Is still cutting timber growing on the streets and allays of that village and fencing some of the streets In violation ot a restraining order Issued by duiJse Powell a short time ago. Attorney Patrick of this city , wbo represents the village of Bellevue In the case , 'has ' made application for aa order of the court compelling the officers ot 'tho Improvement company to ehow - causewhy they should not be punished for contempt o court. The case will be heard In a day or two. _ _ City GoKRlp. The city offices and banks -will be closed all day Saturday. J. A. iBeck has returned from a trip to Shenandoah , la. Jack Lake of the Fourth -ward is In Jail for beating his wife. A son was born yesterday to Councilman Patrick Caldwell and wife. E. C. Dennett , editor ot the Sun , la re covering from his recent Illness. The directors ot the stock yards company will hold a meeting next Monday. Tod-ay Is the last itay for paying city taxes , as they become delinquent tomorrow. The local Sons of Veterans camp is talking of purchasing rifles and organizing a drill team. Aaron Shoots returned yesterday from Erie , Pa.where ho went to attend a family reunion. R. C. Oldman and son Guy ot 03eavcr City were here looking after business matters yesterday. iRcv. Amos Pratt , stepfather ot Mrs. W. S. White , died at his homo at Palmyra , Neb. , yesterday , aged 70 years. Superintendent' Dan Cameron of the Cudaby Packing company leaves today for an extended eastern trip. Paul Zoblsch , Twenty-eighth and L streets , accidentally shot himself in the foot yester day while hunting. The bullet -was removed toy Dr. Thomas Kelly. The Christian "Endeavorers " will hold their seventh annual sunrise prayer meeting at the First Presbyterian church 'New Year's morning at 7 o'clock. "Man's Greatest Duty" will be the topic. The local Board of Civil Service nxamlners will hold an examination hero some time between March 15 and April 25. Applica tions for positions In the government service must bo filed with Miss Nettle Harrington , secretary ot the board , on or before March 1. The octet Ute ot the examination wli < bo announced later. The Magic City SocUt club will glvo If ( Unclnft party at Mft onlc nMI this ercnlnjrt Tills dull Is composed of well known young people and A very pleasant evening Is prom- ' IseJ those who attend. The UohcmUn Gymnastic Society Sokol ol South Onuha will give a misqucrado bait ftt Kotitsky's hall on the evening of January S. Seven prizes will be given by the society for the beet and most ludicrous1 masks. Richard Landon , alias "Dico Dick , " Is la Jail for having aroused a policeman's sus picions by his actions. A year ago an officer took three shots at Dick In an attempt to arrest htm for a petty crime , but he man aged to get away. Two of the members of the Chicago YounR Men's Christian association basket ball tram will speak at the men's meeting here Sunday" afternoon. The Chicago team will play a game ot basket ball at the Omaha associa tion rooms Saturday night. Saturday evening from C until 10 o'clock the Young Men's Christian association > \lll tender n reception to the citizens ot South Omaha , The Woman's auxiliary will pro vide refreshments and the Omaha Banjo and Mandolin club will furnish the music. The basket ball tram ot the local Yountt Men's Christian association played ft match ; amo with a team from the Omaha assocla * Ion Wednesday night and lost by two points > nly. Quito a number ot the members ot .ho association hero are taking a great drat of Interest In basket ball nnd practlco games are played several times a week. Arnold's Llromo Celery cures headaches , ' lOc , 25c and BOo. All druggists. liUJ OXAl. I'AIlAtSUAlMIS. / D. Corkle of Chicago Is at the .Mlllard. H. J. Hcndry of Monroe Is an Omaha vUltor. \Vlllkim F. Colder ct New York lo at the Mlllard. J. H. Mclniyro ot Nebraska City Is IB Omaha. A. M. Post of Columbus was In the city yesterday. > John Wilson , a merchant ot Kearney , Is in the city. T. K. Crosby of Chicago Is registered at the Mlllard. I J. R. Holllngnwortb , a DoWltt merchant , L ) In Omaha. 11 rail Slaughter nntl James Heaton ot Lin coln are spending a few days In the city. Miss < Mao Lowroy r > -thirty-cue mcmbcra of Donnelly & Olrard's The Geezer company ore quartered at the Barker. John D. Cummins , a big cold storage mas ot Memphis , ta In the city , accompanied b ] his sister , Mrs. McCabe of Greenville , Mlsa .Matt ciyder and wife. H. D. iByers and wife and eighteen members of Hoyt's Con tended Woman company are domiciled at tha Barker. At the ailllard : A. L. Gere , Chicago : A. M-Mibelmer. - New York : Ed Ucaenthal. Chicago cage ; n. Ackerman , Denver ; \ . S. Grecu , Lincoln ; Samuel iMaxwcll. Fremont ; William Sturgls , Chejenne ; D. T. Haskett , Butte. R. F. Dacca , Deadwood. S. D. : J. Olcagcl , Deadwcod , S. D. ; G. E. Stellc , Crete , -Neb.j C. P. Barley , Washington , Kan. : J. C. Mctz- ler. iWymore ; E. E. Woods , Chicago ; W. A. Haley , Chicago ; W. J. Biles , Hastings , and Ira E. Doyle , Detroit , are traveKagmcn stop ping at the ( Barker. Nebraskaos at the hotels : Ray Nye an ! wife. N. J. Cartrlght. Perry Moss , Samuel Maxwell. Fremont : John It. Hays. Mrs. KcJ hoe. Norfolk ; J. N. Magee , E. O. Fctrtiet , E. F. Pcttla. Lincoln ; F. C. Dort , Tckamahj I. K. Hantzman. Falrflcld ; William II. Hay den , Hastings ; W. G. J. Dow , Hocperj R. S , Newman , Nlckerson : Otto T. Tcopert , C. D , Jenkins. Norfolk ; F. A. Good , Cowlcs : H , Gibbons. Kearney : W. J. Paul , St. Paul ; B , J. Rogers , Grand Island ; D. M. Dennlger and. wife , Cozad ; T. G. Morgan , Clarks ; S. B , Morehead and wife , Albion ; B. P. Crunlcan , Greeley ; Ed Farley , J. E. Carey , Bancroft ) H. H. Campbell , H. H. Jurglng , N. Conklln. Ashton ; F. J. Bliss , Hebron : H , P. McKnlght , wife and daughter , Long Plno | D. Graves , Arborvllle ; J. Perkins , Sprns ! < field ; W. T. Rtchardsco , H. H. nankin , Ravenna ; James Gadsden , Schuyler ; C. P. McGrew , Hastings ; E. O.Ord , Fort Creeks P. F. Bell , Norfolk ; W. Chamberlln , Clarks ; T. C. Cantwell , Scotia ; J. II. RIley , N. Uoa son , Randolph. , Mrs. J. .51. Richards ot 1US South Thirty * second street died very suddenly yesterday ; morning ot apoplexy. Katie IMIlcy has been arrestedon Com plain of Eva Hayes , the latter alleging charges of assault and ( battery. The "Gardner Memorial ( Parish House * * board ot management will meet Friday aV 8 p. m. for transaction of business. Superintendent II. E. Klrkpatriclc Of the Bee building reports the theft or aa over coat valued at $15 tram his office. 2ft& work was done by a snealc thief. > ' Charles Hello and Joseph Wajcman , living at 1621 North Twenty-second street , got Into a neighborhood quarrel and Waxman was con siderably -worsted. In order to even matters' he has hid Hello arrested on a chargeot assault and battery. . Wednesdiy night at the Deaconess homoot Immanuel hospital the poor children of that vicinity -were treated to a Christmas tree and supper. About forty were entertained by , the deaconesses and were well fed and sent homo TviLtt substantial and ephemeral f > re > ents. ' Lizzie Carter and her husband1 , William Carter , living near Eleventh and Capltot avenue , aired their family troubles In their back yard cad Lizzie claims that Wllllanj struck her cruelly in the ( ace. Aa a consequence quence William has been arrrested tor as sault and battery. Joseph Vyctski , living with bis father p.na brother-in-law neatfTwentyfourth and Hickory streets , has been lodged at thb police station on a cboge of Insanity. ThV man has been ill for some time past end the disease at iaet affected his mind. His1 relatives will endeavor to have him sent to the hospital at Lincoln. - ' AVc'vo no time for stories for it's only two days more till we'vo got to move- that Is vacate the annex we want your help It's true we've only to push these pianos Into our own store but wo haven't the room for them not a piano In the annex but that we.will and have cut the price on never have pianos been as cheap probably never asaln besides these new ones we've some secondhand ond-hand pianos such as the Kimball Fischer llardman McCammond Mc- thuscheck that we're offerlne at ? ( KJ up to $05 our terms in this sale arc easy 510 to § 15 cash ? 0 to ? S a mouth.J < A. HOSPE , Music and Art. 1513 Douglas he nicest engraved stationery always conies from Haymond's It's up-to-dato and equal to any you could possibly He- cure In the east the newest in wedding stationery engraved to suit the taste ot all our price Is only $10 for the flrat hundred & 5.0 after that envelopes nnd all complete We excel lu fancy en graved corespoudence stationery dies monograms , etc 100 visiting cards engraved - graved and printed In the latest style Including copper engraved plate for $1.00-100 cards printed from your own plate $1.00 We solicit mail orders and give them our prompt attention , , , _ _ C. S Co. . , Raymond . , Jewelers , 15th and Douglas Strcctg ,
