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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 6, 1898)
THE OMAHA DAILYJJ'Elfc TJIITHSDAV , JANUAKY G , 1 8. Omaha , Jan. 6 , 18.13. them out At this , our greatest January Clearance Sale Why ? Because every reduction is so genuine that the wonderful bargains we are offering can be seen at a glance At no time in our store history have we of fered our friends the public such extraordinary buying opportunities JACKHTS 1-2 OFF T 0 per cent less- than our tisual low price on .Jackets Just think for a moment what that moans on now coa IH. A clean "nvInR of 110,00 on n J200) Coit , A clean Having of J751 on 11 Jir..lO Coat. t-I.O'J B.ived on u > 10.00 coat , J2.M saved on n Ji.oo Coat , We hnvo nil sizes ted ly nt the nbovo UIDUCID : miens , hut every hour's Belling reduces the quan tities BG rnnUe your selection while we have your sire. iiAHins CAPHS-Here nlso the knife hns gem > deep , but at our cloik room H not viry largo -ind celling ai we do ctioi- mous iin.intltlci of rmdy nude gar ments we have to begin nnd get room for our tprlng suits , hence the follow ing low prices : A V..OO 9lneli ho-iver c.ipD for } 2CO , each. A JO 00 fiipc for J.T 60. A JI3 00 plUHh cape , 21 Inches long , for 57 00 W < - hnvo n few vry handsome Itusslan hlouse Jackets In vi Ivet nnd cloth which r.vo vvll c-lo-e at SlriW i-ich. No u < s of savlriK what they nre worth ; you c.m tell that hotter when jou bco them. CLACK DRIiSS ( iOOOS Now , and choice fabrics. 2. > c , was S7V4o < 7ic , was 7uc. 79cA as SI.CO. 'Jic , v\ns Jl.tO. iR High grade Underwent1 at extremely low prices. Wo hnvo dccld d to close out our lines of the celebrated Stuttmrtcr under wear , made In Stuttgart , Germany , for Indies and children and wo havimirked them so cheap that jou can bv them for v. hat you usually p ly for the domestic Rood-1. Note thc ! * > prices : ladles' natural v\ool vests and pants , nold ns high as J..fcO per garment , now SI.00 each. Children's mtur-il wool vc'ts. pants and union suits , sold as lilgh at JJ.40 per garment , now $1 m cae'n. HOC UNDiilWliAIl. NOW KC. One lot of ladles v/hlte merino veslB nnd pints teduecd from Me to 2."c eni-h. 7r-c TO ji 10 UNDIIIWIAU : , NOJV IDC. One Ir.t of chldltcn'i natural IAOO ! vests nnd pants , large s'zes ? , sold as high IM $1.10 each , your choice for 40c each. TIIK MUSSED HANDKERCMIEFiJ There was liurry and confiibion nrour.d this busy oountui1 during tlio holiday. and u yieat many liandlcorchiofd got S3ino were on dlspli.y In our shsvv Windows dews , but with a dip In the water and a rub with the lion will malto them good as new. 21C HAN'mCCIlCmKFS NOW l..C 10 do7en ladles' pure linen hind embrol- dcnd Handkerchiefs , icduced fiom " ' > < to l."c each. ior IACH- : Ijilcs White Swiss Embroidered Iland- kerrblefs , Fold nt 230 , 2Cc , ISo and l."c each , reduced to lOu each CC IIANDKCUCHinrS NOW 3f1 EACH. One lot of fhl'dren's School II indkor- chlcfs reduced from 5c to 3c e.ic h. the account of the state with a like sum. Is guilty of the cmbe/ilement of the money of the Htato within tb moaning of bection 121 of the Crlmlnil Code. 17. Whtre u Mate treasurer employed n bank to negotiate thu snlo of a warrant , which wa.s the property ot the state , the corrpspordcnee of such bank necessary to effeot Hueh sale 1 iidmlsslble In evldeneo In a. pioseciitlon of the treasurer for cm- bcz/lement of the nniount BUb eriieiitly ] usul to take up such variant , where th.To exists Hiich n relation between the Halo and the paj ment of1 the warrant that the motive In the lattti transaction Is Illustrated by the facts Incident to the former. 1& In a prosecution for embez/.lcment one who has lllled out bis entire- term of ollluj cinnot bo heard to uruo as a defense that whim the embezzlement lojk place he was not an clllcer do jure ; It hi Immutulal In Hiieb else whether ho was an olllcur do jure or il > facto , KXIMillT TIOSTIMONV ADMISSIBLn 19. In n prosecution for embczsloment or other cilme , where the books , lecords , paptn nnd entrl = s are voluminous nnd of such a character as to render it dllllcult foi the Jury to anlve at a coirei t conclu- Hlon as to amounlH , an expert accountant may bu nllowcd lo e-xamlno such bool.s , etc , , and testify us to the result of his examina tion when such boolto , etc. are in llio court loom subject to Inspection by the accused. i'O Instiuetlons mu.st bo construed to- cether , and If then they correctly announce the ruin applicable to the IsHiie.s and ovl- denc3 they will bo upheld , even though a Hlnpln piingrnph htundlng nlono inlf.ht bo 's'l ' IlVlil that the Instruction detlnlng a rtotonuble doubt did not deny to tlio ac cused th * bonellt of u leiiHonablo doubt nrUIni ; fiom the lack of evidence In the case , anil that It wns not error to state In mich liiHtiuctlon "you are not at liberty to ilUhtlUvu an Juioi.s If fiom all tlu uvl- dunce you bellcvo ns men. Your oath Im poses on you no obligation to doubt where no doubt would exist If no oath had been udmlnlateiL'd. " , 2J. The court chaigcd the jury thnt : "Tho law inlsea no presumption .walnut the de fendant ; on tlui contrary , the presumption of law IH In frtvor of his Innocenc * . This pic'Humptlon of Innocence continue * inroiuh thelilul until every material allegation In the Infoimatlon in established b > the evi dence to the exclusion of all reasonable doubt. " Held equivalent to the rule that the presumption of Innocenc' Is a matter of evidence to tlui hem 111 of which the uc- i > ti cd U untltled. i3. In case of conviction under nn Infoi- inatlon rliarh'InK thu embezzlement of money , a verdict finding the amount of money emhez/lcd to bo a Hp'cllled number of doll i is , Is a mililclrnt llmlliu ; of value , Every jiolut teferrod to In tlio uyjlabus U exlmustlvoly debated In thn full ojilnion Tlio main point of the whole contention 1. * covered In the following strong language by Justice Norval : The tiluto relle'ti for n conviction upon the. redemption and payment of Mid auditor's wiirant bv tlio defendant out of thu public fundft of thu stale on deposit In the Oniuhl National bank. The theory of the attorney Kcrcral Is that the wiir.int was votil and Ihi reforo ( he state treasurer had no righter or authority lo redeem It. On the other Hide , It Is Insisted that the Instrument was u valid nnd binding1 obligation of the HI.UK , which Iln > law n lulred thn defendant to pay upon thu reci-lpt by him of HUlllclcnt n.ndd for that purpose. In our view It In wholly Imniiuerlil 'Aheiher the warrant In miualfon wnu valid or void. If Invalid the defendant wan not Jimmied In paying U out of the money of llio rtnte- under the clrcumi'tances dlicloned by thl * record. It U argued If It wag not a valid Instrument It never him been nuld , That the state Is tnlniv K41.S3I.03 by the. li.iliMCtlon U an u urcd fuel. Whether the iilnto may or may not bu ablu to iceovcr the money from the Omulm National bank , the Chemical Jutlonul bunk or any nthci corporation or ptrnon Is not material lo the present In- { OoubtlMs U IB the duty of u state I HOSIERY The clonrlnp prices that vv < ImVo marked on tlieso goods oiijjht anrely close thcso lines out quick , I'P II OS IJ. NOW ICC. Chlldien's blick ribbed , fleeced cotton hoie , reduced from I3c to We per pair , siciiosn. . NOW in.on 2 I'Ain 2.-.C. I adlcs black vvool hose , reduced from 2. > c to 15u or 2 pair for 2'ic. Children's black wool hose , ribbed nnd Il.it good * , reduced from 2Je to 16c or i iinlr for 2c. 2 C 110312. N'OW IOC. Men's vvool hoiro In black nnluril and camel bnlr , reduced from 20c to lOc pel inlr CM nosn. NOW KC. Littles' line nngllfh cn hmcrc hose , would be good value nt 71C. but sold by IH for G5c per pair , reduced to I5c pet pair. HURDERED VEILS Fancy Bordered Veils in tili'blaek black with coloied bonier. Cream , white , white with black dots , tanging In prices from COc up in the ere im 71c up In the black. Veilings by the yard In cream , black , black ivlth colored dots , blick with cream figure , brown , navy , nnd tan. Seeing silk veiling , nil colors. 230 a yard. Chiffon vellln ; ? In black nnd cream ; lllu- blon vrlMng , all colors , 20c a yaid , GREAT CLEARING \Vo have still LINEN SALE wonderful bar gains in house keeping linens left. These linens from our rccrnlar stnok eotild not bo landed on outhhofea today ut tlie&r- prices , TADM3 DAMASK. All our M 21 bleached table damask now Vc ) per > ird. All our $1 fi bleached tablu damask now ! iSc per yard. All our S3e bleached table damask now C3o per yard. All cur SOc cream table damask now 23c per sard TAISU : CLOTH. All our $1 "I bleached table cloth , 2 > / . varilH long , no.v ? 1 23. All our J275 blenched table cloth , 21/ . yardi long , now ? 1 R" All our J1 fi blcache.1 table cloth , 2V- > inls long , now J2 13. TOWELS. All our 2"c towels nov 13c each. AM our 13c and 12' ' c towels noiv 9c each. CUAS'I. All our lOc clash now 7c. All our ] 2'-ic ' crash now Sc. All our 1Jc crash now lOc. CHHNEY HROS. ' Chcnoy Bros. ' best FOULARD SILKS twilled Foulard Silks , 24 inches wide. wide.A A largo assortment to select from , regu lar $ l 00 : as long ns they last our price will bo i9c. Come quick. BLANKETS If. we 6nly had the room , it would pay us to keep our blankets till ne.xt season. As It Is 'we have to sacrifice them. T.i'-to advantage of thew low prices and be .tbitr < ? d they will ne-vtr occur again. Come soon , they nro goinij rapidly. $10 U > blankets for $7 W p ilr. SSOi ) blankets for SC.CO pair. $ "i 7" , b'ankets ' for JJ.J.1 pair. S. > blankets ) foi $1 0 pair. SI CO blnnkt ts for $ J SS pair. $ : ! blankets foi { . ' U p ilr. $ { 00 H'ankets ' for W 2.1 pair. ! J 73 bhiiikots for f-CO pilr. , $1 71 blanlset s for $1 2T , pilr. Jl 23 b'inkets for Ule pili. 71c bankets for 3ic pall. W > c blankets for SSu pair. ' tre isurer to pay , when lie has available funds , a legal warrant drawn upon the treasury by the proper olllcer to the person entitled thereto and cannot be eonv.ctcd of embezzlement foi having done so II id tic defpiidant paid the warrant in question to thp prope-r person the case would present air entirely dllfe-rent aspect , ns inmi'osi : PLAIN. The appropriation upon which the warrant vva'i drawn was not made In fiver of the defendant Individually , The imrporo of the legislature in passing the ie-t was to trail"- fpr from tlie ttate general fund the sum np- proprlate-d bv the st ito sinking fund to re- ImliurHo tin ? latter to tilt- extent It had been depleted by the collnpsc of the Capitol Na tional bank and not to piy any drbt It owee1 the defendant or to make a pre-srnt to li'm of the vnld sum U'he vvanant did not belong to him , notwithstanding it was drawn pi > - able to hlmsolf In Ms individual capacity , but hi" leeelved It olllelally In trail for the ( Mate for and on behalf of the state sinking fund , as he > vell knew The title to thi warrant never veiled In him and lie could mit transfer to another by c-ndorseinent fiat which he never po-bessed lie could not divest the title of the state In the w.u- rant by the sale thereof with thn Chemical National bank since he possessed no po\er to s-ell or negotiate thu Instrument. Nor was the bank an Innocent purchaser within the meaning of that term as applied to com mercial paper , Inasmuch ns the wairant dis closed on "is " face the purpose and objict , for vvMi-h H wa drain n , and the bink v. is I hound to know at Its peril thnt the defend- ) nnt had no title to the Instrument. Slorc- 1 over , warrants Issued upon the state treas ury by the auditor of public accounts are not negotiable Instruments In the sense that the endorsement thu oof ma > become a bom tide purchaser. Schual District ngaln.-u i Slough , I Neb , 337 ; I'nlon Pacllle Hallw iy ' Company against IlulTUlo County , U Neb. , 45. ! ; iliirllnglon & .MHcourl lllver Company I ngaliiHt Cl.iy Countv , 13 Neb. . " 70 ; Stale ar.nlnst Sabln , S'l Nib. , 670 ; State ngnlnst Conic. 4. ! Neb. , .lid. The foregoing authorities hold that school district orders and county vvariams me. not negotiable Instruments , and upon principle wairnntK drawn by tiiu rtato auditor urn within the pjino category. Therofoic It cannot be mioccsHfiilly averted that the state was icqulitd to pay the wanunt to the Indorsee , us the latter was not an Innocent holder , HIS PLAIN DUTY. The defendant had fctunl knowledge of the < facts surrounding the Issuance anil attempted tnuibfer of the warrant , llci knew that it was the propeity of the mate and Unit hi * was not legally 01 morally uqulrc.il tei pay the money called foi therein to any IK i son otlur than himself When the money was In the treasury to mc-et thla wamnt his HDlo duty in the premises wns to lasxi the money out of the gen.ral fund and turn the same Into the sinking fund , credit ono fund with the amount and caarue the other fund with a like sum He knovvlnijly dlsregaided his duty In the pr'nilse * and paid the money lo n party not entitled thereto , and defrauded the stain to the extent of the burn no paid , This constituted an embezzlcro'iit of the puhllo nionejH Hook MKMlnst People , I N , Y. , t'r Hep. , fCS Wf know Judicially that the state In April , 1SD1 , Unued 100 rillef bonds , each of III ? denomination of Jl.O.O , piy.ihlo In live ytars ; that the money belonging to the permaiKiit t > choo ) fund of thn state was inviutenl 11 thcae bonds ; thnt the Maine were retained bv the Blato treasurer lor safe keeping , nnd that nix of them were ac tually redeemed , paid and cancelled by the defendant IIH Htatu treasurer on October 31 , IMtf. Suppose thefo bonds had been stolen from th' treasury and gubspquently pild hy dcfi > ndant to the holder thereof , or de fendant had sold the l iula after their ma turity to the Omaha Nultbiml bank , ap plied the proceeds to his own 1120 , and sub Bfiiuently redeemed the samu by taMng the money out of thu state treasury nnd paying the fare of the bonds nnd accrued Inter BIle lo rnld bank , could there bu a shadow of doubt that the defendant would hnvo been guilty of the embezzlement of the money I of the state , notwithstanding the bonds DKESS GOODS AT CLEARING PRICES. \Vo wish to hoop the fnet before the trade tlmt the uoods wo nro offering in this sale arc nil tegular gords not ono yard bought just to force bo'ling ' , but all bough t for our every day trndo. trndo.Wo Wo bought too manv and now wo will give them to you as long ns they last ut thp following prices : Dress goods , wns 12Hc , reduced to Cc. Drc < ? s poods , was 2,1o reduced to I > c. Dress good ? , was 40o , reduced to 22H < 3. Dress good ? , was Me , reduced to 2 , c. Dress goods , was COc , reduced to : "Jc. Dress goods , uvns 7i1c , reduced to 3tc. Dre's goods , WIB 7.1c , reduced to fMC. Dnvs-v goods , was S3c , reduced to We. Dress goo Is , was POP reduced to Kc. ) Dnss goods , wns JIM icducod to o9o. Dress goods , was $1,0) , reduced to OiC. Drr' goods , was Jl 2.1 , reduced to GOc. Dress good" , wns $1 2.1 , reduced to Me. Dress goods , was $1 W. reduced to S'c. Dras Goeds , was $150 , reduced to ! > Sc. Among the goods quoted above will be found the best anhortmerit of choice colored novelty and tailor tunings over bhown In thl * city. L.VCES Reduction in Cretan Cotton Laces. All our cream cotton laces from 8 Inches to 10 Mches wldo ti.it were 3. > c , 40c , rik- and 71c , In throe lots to be sold nt Sic , .Tic anil Me a. yard. Cream cotton laces fiom 3 to 4 Inches wide for nrck and sleeves that were 63c nnd 75c , reduced to 50c a yard. Vice tint was 41c I educed to T.c. a yard. Lace th U was 30r reduced to 20c u yard. A lot of tuekcd nnd lace trimmed lawn' , 10 Inched Ide. for vest fronts , to be sold at be a yard. The laee edging alone on these goods Is worth double tbo money. Do not fall to see them , both black and white. * NOTIONS The little thing * that you sire likely to think of just ihe moment you need 'cm. Provoking not to have when you want PerhniH these hints will bo sugRcstivc : rinlbhinB braids , white , at 5c. Cc. lOc , 1'J'Ac. 1'ic Me and 2oe. per piece. Stay" blndlnfj at 2c , 3c. ic. Do , Cc , 7c. Sc nnd Oc per bolt. White pearl button" , lOo per c-xrd of two dozen , better ones 23c per card of two Uioolt's glace spool cotton , 13c per dozen. WRAPPER FLANNELS Cotton Wrapper Flannels llcccud lined now 7Jc vcr yard , reduced from lOc. Cotton swansdown lieautlfiil new ile- hlgns , suitable for dre-slng , saeiuca ami wrappers , bath lobes , etc. Xov. lOc per jnrd , was Ijc. Turkey icd grounu black figured is rap per flannels , at Jc per laid , vveiu ibc " Our 7'4c dark colored outing1 flannels , now DC vird. Shirt pitterns , all wool , regular $1.00 quality , now C9c yard. I wenkgal and binding Instruments ? Wo think not There U no difference between tne supposed cases and the one at bir , providing the wairant in question was paid with the moneys of the state , which prop osition will now iccolvo attention. WHAT HE STOLE. As already plated the accused wns con victed cf embPi'zlIng c , ceitaln sum of mib- llc money , faction Ul of the Criminal Code , under thu provisions whereof this prosecu tion wns Instituted expurgating nil words that are not essential to the present In quiry , provides that "if any olllcer sli ill conveit to his own use nny P rtlon of the- public money , or any other funds , property , bonds , securities , nosc'H or tffecln of any Kind received , controlled or hold by him for safe Keeping , trmsfer 01 disbursement every such net Bhnll H' iccelved and held in law to ho nn om- berzlement of ao mucn of said moneys or other property , ns aforesaid , ns shall bo thus converled , used. " otc At llio bir ns well as In the briefs of counsel the proposition was argued with rr irked ability whether or not the word "money" ns employ , d In said section H a gentile' or specllle term. Kor the purpose of this else wo si ill assume tint the con struction of the statute contended for by the defendant Is the proper one naniolv , that the term "money" was usel by tlio legislature In a ppeclllc sense In other words. It means legal tender coin and alt-o piper If sued by the government or by banks by lii'vful authority nnd Intended to pass nnd circulate ns money It Is InsUted on behalf of the accused that , under the foie- Roliiri diflnltlon , he ill 1 not emborslo rnomy actual coin or currency Iwlonglng to thn state. It Is true the "Into had no bpcclllc coins or currency In too possogclon of the Omaha National bink. is It had made no" special deposit of money In Mild bank. The Mate at the time of the delivery of the chei k In question lo the bank had on de posit therein under tbo depository law n oney In excess ot the amount found by the Jury to have been embezzle I , which con stituted the bank the debtor of theHtato to that amount. State agilnst Hiitloy , 39 Neb , fli.1. In ro Sate Treasurer's Settlement , 51 Neb , , I1C. SAME AS CASIF. It was conceded on the argument by conn- K-l for the. accused that If the latter had drawn from tne depository bank the. actual cnMi and then redeemed thn w.arrmt there with proof thereof would bo sulliolent to biistaln the charge of embezzlement of money As we- vlcIt , the legal effect of the ti.ansactlon n < ? H actually occurred Is not materially different. The defendant , ns stuttt ticarutcr. drew his check upon the Omulm Nitlonil bink foi J20I.8S1 ul , payable to tin uider of the piesldent thereof , nnd delivered the same to the payee , which. In connection with thn acceptance * of the cheek by the bank , the entry of thn transaction upon the books thereof nnd the surrender of the warrant to the defendant , constitute 1 a fegrfiitlon or separation of the amount of dollars expressed In thu check fiom the gtniiiiil nines of money In the bank UH tin * portion belonging to thn stale and paired the title to the latter. In contemplation of the parties nnd In the cyo cf the law the tegregut'on ' was us full nnl complete ns though ? Ir. Mlllanl the president of t'le ' bank upon the delivery f the chec' : to him had stepped Into the vault , counted out $20lSM. < ri , placed U upon the counter , chained the state with that amount on the bank books , ciedited the Chemical National bank wltn n like sum , delivered the warrant to the defendant nnd then rcturred the money to the vault from-whence. It eimit , or ID If thu check had been made puyahlo to the defendant's own order , by himself pre sented to thn pa > lng teller nt the bank for payment , who selected from the mass of moneyJn the bank ll\n awn represented by the check , placed the same In a pile on the counter nnd then by direction pf the defend ant applied the same. In payment of the warrant. To constitute embezzlement It wan not neeestary that the defendant him. golf should have acquired the physical or manual possession of the money. Ho , ly his check , authorized and directed ti bank to pay the money called for therein to "J , II. Mlll.ard' ' , ' 01" The bank was thereby cmpotvered'tW lect and transfer the money to the payctel Nvhlnh In contemplation of law It did although there was no > actual hand ling of u dollar In the entire transaction. In the language of Morsn on Hanking , section III , "A credit glvnn- for the amount of n check by the wink upon which It Is dr.a-vn Is equivalent to nnd will bo treated 119 n payment of thi > check. It Is the snmo ns If the money had been paid over the counter on the check and then Immediately paid back ngnln to ( he account or for the. use for which Hie credit Is given. " Sco Oddlc against National City Bank of New York , 43 N. Y. , 733. DEFRNSE HAS FAILED. On the showing made by the defense on this point the Court's opinion sajs- An examination of the authorities relied upon by counsel for defendant reveals that they do not support their contention. With out unduly extending tills opinion , wo can do no more than , to make n brief reference to the lending cn cs cited by them. In Hamilton ngnlnst State , to ind. . 191. It wns held thnt proof of the. larceny of na tional banknotes did not sustain the charge of the larceny of ix certain hum of lawful money of the United States. In Tracy ngnlnst State , 4G Neb. , 301 , this court held the contrary to be true. In Williams against State , 12 S. & M. ( Miss ) , f.S , It was decided that a charge for betting money was not sustained by proof of the betting of United Stntcg trcnsuty war- rants. Of the same Import are I'oyer against Commonwealth. 2 Dan.i ( Ivy. ) , 29S ; Garner against State , t > Ycrger ( Tenn. ) , JoS. In C.irr against State. . Ifi So. Hep. ( Ala. ) , 1.11 , a banker was Indicted for the emberzle- ment of a ccrtnln special deposit of.money and It was ruled thnt the averment was not .sustained by proof of the embezzlement of a bank check. , Taalheln against Stale. M So. Hep. ( Ma. ) 04S , was the prosecution for the embezzle' tncnt of money. H wns held that assets general nnd property generally was not In cluded In the term "money. " In Hank against State. 28 Tex. , OH , It was decided thnt proof ot the theft ot a mare would not sustain an Indictment for lar ceny of n "horse , " since the statute of Terns did not employ the word "horses" In n generic sense. Of llko purport are Turby against State , 22 Tumi. , a23j Jordt ngnlnst Siato , 31 Tex. , 571 ; Commcnncalth against Have , 132 Muss. 2 0 , the Indictment was for obtaining n certain sum of money by false lirotcnses , which charge. It was ruled , was not sustained by p.oof of obtaining a cer tificate of deposit of a bank. Had the cer tificate been presented to the bank and paid the case might have some beaiing upon the question he-ie. Lindsay against State , 19 Ala. , MO , is to the point th.it nn Indictment for selling whl'ky Is not supported by proof of the tale of nny other kind of liquor. SUSTAINING THE STATE. Lewis ag-afnst State , 2S Tex. App. , HO , wm a prosecution for the misappropriation of public money. It was held that the term "money" within the. meaning of the crlmln il code Is legal tender metallic coins or legal tender currency of the United States. In the preceding discussion , we have assumed that to be the rule In this ttate. Iloth upon ica- son and nuthorltty we arc constrlined to hold that the cinigo of embezzlement of moiuy contained In the third count of the Infoimatlon herein Is fustnlned by the evi dence adduced , nnd that It was not riror to decline to direct n verdict of not guilty. It Is insisted that theiu was erior In the adinlss'on ' of evidence ol ! certain letters be tween the piesident of the Omaha National bonk nnd the president of the Chemical National bank of New York. * The eaillest portion of this correspondence wan a letter from the president of the Otnalm National bank Inclosing the auditor's wairant In question offering to accept therefor Its pro ceeds on the basis of a rate of Interest nt C per com u a. ji pater rate woum not DC ai- lowcd. The answer to tills letter was dated April 2J , 1SD5. It ndvl ed the president of tne Omaha National bank of a credit of bald bank with the Chemical National bank of the sum Of $150,550.77 ns the proceeds ot the silo of 'said warrant pursuant to the offer contained in the letter of Mi. Mlllard. Mr. Halcb , _ the assist mt cashier of the Omaia Nntlonaljbank , testified tlmt he saw the defendant at thnt bank about u o'clock In the f vcnlu io , the. same day or of the one Immediately prrvedlnf ? lint on which he paw the letter llrst nbovo referred to , and that between the day the warrant was sent to New York mid tin- time the advice of the credit was received witness had a con- vertatlon with defendant , In which the former acked the latter what disposition should bo nudeiof the proceeds of the war rant when the Omaha National bink got returns on 11 .and that defendant leplled to open an aqcount nnd pass It to bis own in dividual credit. The witness further testi fied that when the credit was given for the proceeds of the warrant by the Chemical National bank ho carried out the Instruc tions of defendant and placed the said pro ceeds to the peisonal credit of the latter on the bjoKs of the Omaha National bank. A copy of ills personal nccount was intio- dut'ctl in evidence , which showed the credit was gl/en as above Indicated. It is unneces sary to go further Into details to show that thei was siitllclent evidence to Justify the conclusion that In disposing of the warrant Mr Mlllaid , the president of the Omaha National bank , nnd the bank Itself were the ntrents of defendant. The evidence nbovo nnd lieielnafter detailed nre portions of the proofs which ent ibllshed n common puiposc between the defendant and his agency In Omaha , which was the sale of thi > vvanant to the Chemical National bank. Wh it ever cone < spondenco v. ns necessary and proper for the consummation of this common design was ndmlhstbla against the defend int. the party at wiicse Instance we must assume Crnm the evidence this correspondence was can Icd on fUiowii ngalnst Heir , 21 Neb. , 11" ) This principle wo think none the Ies > s appllciblo bee aus-- the transaction entered Into with n. common puipose was not the ultimate fact sotipiht to bo established , but was relied upon to show the motive with which a subsequent act > s rowing out of and Intimately connected with it , was done. y TiiUi-x K Coolly. Hartley was given the news of the court's dcclrlon last night before ho retired. He took the announcement very coolly , showing no surprise or even the olihtest emotion Ho Wu.s in hod and quietly slsaplng at S-3i ) He gave no expression whatove. ' of his feel ings. At the sheriff's oflicc nothing has been con- sldcicd In regard to when the prisons- will bu taken to Lincoln for incarceration In the penitentiary. No papers have been received from Lincoln , anj until the official nuws Is had nothing will bo done. Fitou THI : sr.vTij IHH'.M ; . ( Jovernor HolromliNKeiI to Mil o LINCOLN , Jan. C. ( Special. ) Govcrmr Holcomb has icceived a letter from a cim- mlttoo at Omaha which proposes to issue a ca'.l for a "congress of rcprojcntnllvo white and colored Americans" to ho held In Omaha during thd oxposTtIon. It Is stated that the aim of the congress Is to bring about a bet ter uud more icspectfnl feeling between the wl-Uo and coloiod people. The governor Is asled whether ho think ? such a congress practicable , and If ho will lend It hU moral support , and , if desired , whether ho will be willing to take a place on the program , either as a speaker or writer. The governor Is also In receipts of a Utter from the oQlcera of the Nicaragua cnnal convention asking that ho appoint delegates to the convention which U to bo hold n < Kur.sai City January 17 , It Is stated that thu prlmo object of the convention Is lit urge congress toi appropriate money to build the cnnal. and the writer of the letter esti mate , } that f.lO.OOfl.OOO Is requited to com plete the canjt , and that thereby tao route from the oastetn to the western coa.t of the United Stale * will be shortened 10,000 mlle.s. Accompanvlng the letter Is a set of resolu tions recently adopted by the "Wnhni I'UB- ' sons , " a colnmcrclal club of Kansas City , favoring thesshomo. . A requisition 'lus been le.iiicd for the re turn of Otlar Annnlen from Kansas City to this fctato to'answer the charge of burglary. Anaelcu has1 been Identified as ono of the burglara whb recently looted the bank at Dncdus , Howard county , at which tlma $1,284 25 wai ) r/irricd / away. Ansolcn has been going under the name of Doblo at Kan sas Cltv , and U now under arrcat Micro awaiting the nppearanco of the Nebraska cnicera. The mipremo court will Im In fiesslon tomorrow - morrow Judge Sullivan Id expected to comedown down from Columbus on the forenoon train and will take the oath of olllco before thu Bitting In erded. In the supteme court this morning the at torneys In tlio Gilbert against Marrow cane took up the argument on the motion to dis solve the writ of prohibition , but after the argument had proceeded Homo ( line the court decided to allow the writ to remain In foreo until the February sitting , when the inet- Ite of thu whole' controvcioy will be heard. The court has refused re-hearings In the Omaha nitinlclpal court cas ; , and r.lso In the pollco coniiuljBlun cane , Lincoln Ioi-n 1 "toli-H. LI.NTOLN , Jun. C. ( Special. ) William Cotb , charged with embezzling $ ltOO ttom the firm of Hargreaves Ilrathers , waived ex amliutlou at thu preliminary hearing and waa bound orer < o district court. t . C. Hlchnrds furnished n $2,000 l > end The annual meeting ot the City Improve ment society was hcM today and the follow ing officers elected for the coming year1 Mrs. W. G l/angworthy Taylor , president ; Mrs , J. 1.1. McConnell , vice president ; IMrs iNollle M. Hlchnrdson , secretary ; Mrs. A. II , Ooffroth , trensurcr. and Mrs. It. C. Illchurds , auditor. The Old Settlers' association of I/ineastor county has just completed arrangements for Its midwinter meeting , to 1 > o held nt the university on January 11. A lunch will l > o served1 In the afternoon , so all who come from a distance may remain for the evening ses sion , AVrnt Point Noted , WHST POINT , Neb. , Jan. 6 ( Special ) A meeting of the creditors of Frank Cejda , thi West Point merchant who made an assign rccnt for the benefit of his creditors sonn Hires wecl j ago. was held at the county judge's office today. About $3,200 worth o c'alnis wore represented. Carl Herring o Omaha was elected -assignee to succeed th sheriff , end the creditors agreed to authorize an Immediate silo of the property. U 1 < expected that the rotate will realize at leas CO cents on the dollar. Ex-Sheriff J > imes II G < illen was adjudge * Insane this morning and will bo removei to St Hernhard's hospital In Council Blurts In a few dajs. Miss Pearl Hlchardson of Wlsner has been elected Cumlng county's maid of honor to Queen Polaris for the Ice carnival to ho held In Omaha from the ISth to the 22d of this month , At a regular convocation of Slroc chapter , No. 4G , lloyal Arch Masons , the following oftlcere vvcro Installed for the ensuing year : Ludwlg llosenthal , E. H. P. ; W. E Krause , E. 1C. ; A. M. Hoae , E. S. ; C. Hupp , treasurer ; J. W. Shearer , secretary ; D. C. Olffert , C. II. ; H. S. Summers , P. S. ; W. A. Ulack. H A. C. ; A. Ilnrnett , third vail ; P. M Moodlo , second vail ; George W. lioyer , first vail ; C. Ilupp , S. CliiKlroii .Niilen. CIIADUON , Neb. , Jan. C. ( Special. ) The Uawcs County Journal , the oldest newspaper In northwest Nebraska , has chanced hands. J. W. Wright , Us editor for the last five jenrs , has sold the plant to A. H. Julian , county superintendent-elect , who took charge today. Mr. Wright Is now connected with the Colorado Springs Gazette. E. W. Julian , son of tlio present owner , will assume the management of the paper , while A. U. Julian will guldo Its policy. lion , i\lfred Dartow , formerly Judge ot this Judicial district , lina left this city with his family for Colorado Springs , Cole , where ho will engage in the practice ot his profes sion. Judge Ilartou was ono of the fir t lawyers to locate In Chadron , sonilng hero from Chicago before the prebcnt townsito was located. During the last twelve jenrs he hna figured prominently In local and state politics ns a republican. Ho waa for inanj jeaifl local counsel of the rremotit , Elkhorn & Missouri Valle > lallroad. The old grocery firm of Duller & Palmer has sold out Its buslnobs to W. S. Glllam , E. I ) . McLnughlen and John Munkers. r.lliliorn Vnllcy iMeillcMl Society. NORFOLK , Neb. , Jan. 5. ( Special ) The second annual meeting of the Elkhorn Val- j ley Medical society was held In this city to day. About twenty physicians were in at tendance. The following were clcted olllcers for the ensuing je.ir. K. W. Minten , Oikdalc , president ; Dr. J. M Alilen. Pierce , vlco pres ident. Or P. W Saltcr , Norfolk , second vice presldert ; Dr. T. A. Long. Madison , secre tary ; Dr. W. II. H. Ilaguv. Norfolk , treas urer. The next meeting of the society will ho held at Norfolk next July. The Dally News has ibecn conducting a voting contest for maid of honor to Queen Polaris at the Omaha Ice carnival , which v.as closel today after an exciting finish , re sulting In the election of Miss Huth Daniel , daughter of Postmaster D. It. Daniel. Ill-dull Tlu-lr OlIleci-H. DAVID Oiry , 'Nob. ' , Jan C. ( Special. ) Post No. 10 of the Grand Army ot the no- public and Women's Hellef corps. No. 3 , in stalled their officers for the > ear last night in a public installation ceremony. The fol lowing omcors were Installed- Post com mander , S. Cllngnian ; S. V. C. , H Ray ; J. V. C. , J Zellllnger ; quartermaster , J. A. Bos ton ; chaplain , in. P. Mtinns ; adjutant , E. H , Ta > lor ; ofllcer of the day , D. C. Reynolds ; surgeoa , A. Spurbock ; olllcer of the guard , C Stewart. President of the corps , -Mrs. L A. Taylor ; vice president , Airs. J. A. Boston ; tieasurer , Mrs 'Mary ' Beach ; secretary , iMrs. J. Wolfe. After the ceremony a supper was served by the women of the corps. Iti .lull lit lle.-iii-r flly. BEAVER CITV , Nob. , Jan. C. ( Special Telegram. ) Harry Hasklll , wanted In Fort Madison , la. , for forgery , Is now in jail hero awaiting the arrival of officers from Iowa. Ho was neatly captured last night by Sheriff Modlln. ! ' . N. Mcrwln , secretary of the Nebraska Press ns&oclatlon , announced today the post ponement of the annual meeting at Lincoln from January 11 and 12 to January 25 and 2C. The change wao made nt the request of county seat publishers , who will have busi ness with the county commissioners on the former dates and consequently could not have attended the meeting. I'ubllo iliiilallalloii. LOUP CITY , Neb. , Jan. 5. Special. ) The local camp ( Modern Woodmen of America held a public installation last evening at which the following ofllccrs were Installed. John Hopper , V. C ; I. iM. Polskl , A. ; J. I. Dopov , , 'B. ' ; W. J. iFishcr , E. ; Joseph ' .McCoy , C. ; W. Jl Conger , W. ; J. L-fholm , S , and A. Schaupp , M After the ceremonies supper was apread , at which fully 200 were fed. .Mrs. Ohlddetter of Aurora was present and made a talk on 'behalf of a loc-al Jodgo of IRoval Neighbors She was successful In obtaining about tv/cr.ty names , which Inbiircs the starting of the auxiliary here. I'rliillnu : ContiiiitNMiirilciI. . TEKA'MAH. ' Nob. , Jan. 5 ( Speclal.-Tho ) supervisors of lllurt county. In session today , openi l the bldn and awarded contracts for the county printing for 189S. 'Following ' are the contiaets awarded- Stationery and elec tion ballots , to the Hurt County Herald ; * upoi visors' proccc ings and legal notices , to the Ljons Sun ; books blanks , and oflice slip- plies , to the Omaha Priming company ; de- lUiqucnt tax list , to the r > rtonlan ; election notices , to the Lyons iMIrror. The bidders outcldo of-the local press were Omaha PrintIng - Ing company , Fremont Tribune , Jacob North & Co. and Statu Journal company of Lincoln. OtniConiO MorlKamllecord. . NEBRASKA CITY , Jan , G The mortgage record of Otoo county for December Is aa follows , Twentv-clglit new'lnstrumonts were filed , aggiegatlng $34,271) ) 7C , tnd twenty. liovon released , amounting to $31,527. Tuo McCotnas farm of 212 acres , adjoining the city on the south , was sold today to ox-Sheriff Huherle. Tlio consideration was $13,500 caoii , or nearly | C5 per acre. Tlio county ofllccrs elected last fall In Otoo county were Inductee ! Into their mow positions today. Every official la the court house Is now a republican , with the exception of the treasurer , I'rlri. I'lKliI n ( . DLOOMINCrrON , Neb , Jan , C. I'augh Strogh and Hunter Harlow , two local sports , were matched last night for an unlimited number of rounds In a boxing contest In the eighth round C. D Townacnd , a detcctlvo who wan under dlsgulue , attempted to place the referee and pugilists under orreat und was mot with utrnng resistance by the men and the crowd. The lights were put out , but bis friends managed to get him out be fore ho was seriously Injured , VnlliCo u ill- VlnrlKHKiIliinrd. . OR1) , Neb , Jan. C. ( Special ) Valley cou&ty'fi mortgaged Indebtedness for the month of December U as folloiva. Twelve farm mortgage ! filed , amounting to $4,971 ; tlilrij-two aatlsflod , amounting to $18SG9.50 ; ono town mortgifio filed , amounting to $75 , cno natlutlei ] , amounting to ? 370.dlxty ; chat tel mortgages filed , amounting to $17 , 07.UD , seventy uatUHed , amounting to $1C,197.21. Stiff Crni-l.t-fH cil < ; iiltiiiiliu . COLITMIIUS , Neb. , Jan. C ( Special. ) Safe crackers were < tolng thla city last night. Thu olllcu of Way & illochcnberger waa entered by forcing a rear window and the safe waa rifled and badly damaged There was noth ing of value left In the vafe and the thieves only secured a box of steel pen * for their pains Things were scattered about the office and they evidently hunted everywhere tor treasure. The ofllco of roster & Smith was also entered by Jireaklng a glass In the front door , but they failed to get Into the xafc , and figured nothing of value. It Is thought to have been the -work of tramps. llccorcl of nit I GRAND ISLAND , Neb. , Jan C. ( Special. ) Engineer Douglas ot North I'UUo , running freight between that city and thla , has for the last clevon months kept a record ot the work done by his cnnlno. The engine Mr DougMs haa had ; In the last > enr was one ot the standard eight-wheel locomotives No C31. With It ho has pulled , In cloven months , 7,240 loaded car from hero to North Platte , or from North PUtte to this city , and 3,499 empties , ditto. In addition ho hauled one dead cngkie , three consolidated locomotives and a stciim derrick The result Is an aver- ngo of over \\ecty-nlno curs a day. lliiniliii-t < < > Their . HART1NGTON , Neb , Jan. 5. ( Special Tel- egrnm. ) All ot the old county officials nnd court house attaches this evening gave a banquet In favor ol the new officer * . , who take their places tomorrow. Covers were laid for thirty per sons. The ofllccrs Jor the next two years are : J. F. Jen.il , clerk ; H. 1) ) Suing , treas urer ; John Drown , sheriff ; W. P Martin , clerk of courts , Charles Plumllgh , Judge ; John Drldcnlxnigh , attorney ; P. F. Panna- Ixiker , superintendent ; F. Heifort , coroner , and E. G. Ritchie. Peter Pearson , Theodore lies to , commissioners. TlnHe CimiitjMorltrnnrf Record. COLU.MIUIS. Neb. , Jan. 6. ( Special. ) The mortgage Indebtedness record tor Platte county for the month ot December , 1S97 , makes another very creditable showing as follows : Twenty-eight farm mortgages filed , $24,197 , forty-two released , $ lfi.OGfiGO ; Jilno town and city mortgages filed. $1 270 02 , tlireo released. $1,600 ; forty-slv chattlo mort gages nied , $30,953.58 , thlrty-nlnj released $5,529.03. Following Is the record for the year : 603 real estate mortgages filed , $417.- 154.50 , 029 real estate mortgages released , $550,424.09. Uttnrrcl Over n fSlrl. OHD , Neb. , Jan. G. A J. Hottard , a young man of Ord , shot nt William Rutherford to day nt the Rutherford" homo northwest of town. The shooting wns done at the distance ot about a rod , hut no one was hurt. How ard was arrested and charged with attempted muulcr. The cause ot the trouble was a dispute over a girl. 'IVst Case on Trliil , ORD , Neb . Jtn. G ( Special ) The case of Frank Koupal against Vincent Kokcs for possession ot the olHce ot clerk of the dis trict court Is now on trial before Judge J. R. Thompson. Koupal was elected to the Dill cc last fall and there being doubts ca to the validity of the law , thla suit Is hi ought as a test. In Hank SUT10N , Nob. , Jan 5. ( Special. ) The Sutloti Exchange bank of this place , which ias been in buslnc-s ? operation for about seven jears , has sold out to the Button Na- .lonal bank. HloKi-ii Itllis. IIUMBOLDT , Neb. . Jan. G ( Special. ) Louis IMejcrs , a prominent farmer living sl\ miles north ot the city , is laid up with sev eral broken ribs as a result of falling on the Ice. Mm ! "MnrUet Sold. SCRIBNER. Neb. , Jan. G. ( Special. ) George Zoleskey sold out his meat market jesterday to Fritz Stabenow. OIT ivoTiiivi ! or vu.irn. Holdup of Port Vi-lliur Train KANSAS CITY , Jan. G. Last night's hold up on the Kansas City , Plttebiirg & Gulf rail way appears to have proven a waterhaul The messenger , M. E. Hajden , who was bound and covered by ono robber , whllo the other rifled the local safe , oevit his company a mes sage this morning to the effect tliat the rob bers took nothing of value. This statement Is adhered to by the local officials ot the ex press und railway companies , who asset t that nothing hut a few packages of jewelry of no particular value , and no mono } , wan secured The robbers were two In number and arc described as being about 25 jeais old and clean uhaven. They have apparently made good their escape. Iron Soli ! Mirnil of I'rodiK-llon. CHICAGO. Jan. G The Industil.il World tomorrow will "ay : The strength of the local Iron and .steel markets lle-s In the fact that the output is sold for montns ahead. There Is In many lines no picture to sell and n veiy moderate demnnd will tulllee to keep the pioduct firm until large orders under the present rate of consumption become Im perative. Beams and channels have ad vanced $1 per ton. Large pig Iron selleis are holding firm against some sales ut con- ceisHlons by small tonthern furnnce . Prices of bars arc shaded bj some mills .and some 4,000 or G.OOO tons were sold during the lust week. No Ciirri'iH-y LeRlHlnllon Till * SeHxInn. NEW YORK , Jan. G. Senator Thomas H. Carter of Montana , formerly chairman of the republic in national committee , who was In this city yesterday , gnld that an attempt to pas ? a measure through thu senate based on the plan proposed by the monetary com mission would bu like "squirting1 water against the wind. " The henator said there was no 'possibility of the- passage of uuch plans. Senator 'Mantle , the icpubllcan free sll- vcrlto of Montana , who also was In this city today , Paid ho believed no currency legislation would bo enaetcd at this ees- slon. i * Crlmio ST. JO3I3PH , Mo. , Jan , 5. Calhoun Cal kins , won of ilch parents nnd formerly a young I'oclety leader , Is on trial In the crim inal court here on tbo charge of burglary nnd larceny He broke Into the real cblate olllco of John L Seldlo < on the night of September 3 and' ' rilled the safe. When the pollco arrested him he admitted the CM lino. The defense Is that be VVIIH rnndo Insane by the excessive use of clgnre-tteH , Two Uore Coiinlrrfi-H C'ertllloiitrx. NI1W YORK , Jan. G. T-.VO of the counter feit $1OT silver certlflcitCn have made their nppearanco in this city. Detectives pui- chase-d oiio this morning from a bank w .ere It had been received In the ordln iry course of business , The suhtreasuiy iccelved the second note. iSluy of Kxuf'ulloii Cirnnti'il. JEPFEHSON CITY , Mo. . Jan. G.-Gov- ei nor Stephens today granted a stay of exe cution to George Thompson , the negro sen tenced lo be hanged In St Louis Friday , January 7 , to allow Thompson's uttorm-yH tlmo to appeal tlio case to thu Huprcmo court of the United States , Little Girl the Victim of Impure Blood Suffered Intensely Until Hood's Saroaparllln Cured. "When three months old , my little daughter had eruptions on her face. I was obliged to keep her hands tied at night and U was necessary to watch her elurinj ; the day. Hho would Hcratcli her self whenever HIO ) got tha clmnco , until her clothe ! ) would bo covered with blood. Wo concluded to try Hood's Uaroaparllla , because I had great faith in it , and after nulillo wo could BCO that she was getting- hotter. Peopla often asked 'How did that child burn her face ? 'arid they Bald who would certainly bo loft witli scars , but iiho waa not. It is now a year Hlnco she was cured by Hood's Sarsaparllta and her face ic as smooth and white and salt an that of any child. " ilitH. WilJiun WKLLH , Warren , Conn. N. U. Ho Hiiro to get Hood'a I ) oca u BO food's Sarsaparilfa Is the best-In fact the Ono True lllood I'urlDcr. Sold by all druggists. ? lslifort5. cure 1-lver Illi BJ 11 nn i - nOOUS PIMS take , easy to operate , VIEWS ON CIVIL SERVICE Cabinet Officials Forward Hopllcs to th ( fonnta Inquiries , PRESENT REGULATIONS TOO SWEEPING WJirrp Olllrlnln llinr n IVmiiiuil IIn. lilllly fur AftN of Miburdlnau-n I'lieshonlil HUM- HIP \iini. i > f ( he .Mi-ii. WASHINGTON . Jan. 5 Secretary and other cabinet oitlcers today replied to tlio senate resolution of December 18 , calling upon the lioids of the sovrml executive do- pnrtmonls for Information ns to uliat poil- lions In their rcpsectlvo < lepartmonta should be o\ rep ted from the civil servlee laws and rulei Secretary Ongo'reply. . In pnrt says : I bellovo tlmt oxppileneo Im * tntiKlil Unit tlio order at Mny 0 , 1S , vvns too sweeping and thitt thrro should bo taken out ot the tlllwl rervie0 a considerable mimlier of ei-s that were nt that time elnssliied. Tlio most important Of those places are lit ho Internnl revenue service. The illllleul- len which th department Imi oxperlenetd n mlmlnisterliiK the rules n thuy now ux- st , as applied to the Inlet mil revemto wrv- ee , have become Intolerable. I Iwllevp that ill position. , ot deputy collectors of Inter- mi rovenno should lie made exeented places , subject , however , to noncompotltlvo exam- Inutlons. The collectors ) who appoint the deputies are personally res > onslblo for the conduet of their nrbordlnntos. This respon- rllilllty covers not only the tldelltv nnd In- te rlty of tho.so MtibordlimlCH In their roll- tlon to the KOV eminent , but extend * lo tv personal liability to those who may bo In- Juicd In person or In property b > Inconsld- er.ito or nmllelous trespits committed by such subordinates In the course of tlulr dutle" It Is olivlou 1y vvrciiK that a collector - lector , nfler nisunilni ; the heavy responsi * blllty th.it he ( low , should bo tied down lo an ollgllilo list. I believe It Is desirable tint the collectors should bo freb to select their BUhordlii.Uevt fioin nmontf mfii concerning vvho o peif-onnl chaiacterHtles and history they h.uo Unow ledge of. Another branch of the service where o\- pi > rleneo has Oemonstrated that elusniilci- tlonas lll-idvled ; Is the custodian set v It a In the public buildings throughout the coun try Theio .ire In thN xer\let > u lai e num ber of lovv-s.iliried positions nv In re no ir i- drmle test Is icqullcd or ileslmble 1 b'- llcvo that Itollld IIP of distinct mlvintuirn to talce all positions In the custodian fou , InoIuatiiK iMe-v.itor conductors , lliemr-n d\- nnmo tenders and employes of u slml ir char icier , cut of the clisMlled nervier The employes of the lighthouse potalillsh- mint h.ivo been under civil servlie rin s nine , . May 0. No Improvement lias nsultr. i but on the other hand \cMitlous del o s have ocelli red In lllllliK the vacancies , wlil'-h , forlunately , h.ivo not le-sulted In si rlotis dls.ister. Of all employes In thlt erU o Rive the cleric il force the best Interests will be i oii'-erved by lemovlni ; them from the cl.ivtldpii service. -would also exempt the positions of hli- pliiK commissioner at the various poita. I would fuither suRgest such a moduli i- tlon of the. lilies as would permit , when no eligible resistor exists , a permanent appoint , nient lo be mudi * In the illseretlon of the heiil of the department , subject to u non- competltlvc examination by the Civil Serv ice commission , and also that the lilies Im ho moilllled as to penult the lieud of a d - partment to transfer any ipeison in the classified service of one branch of his d ( - p.iitment lo the rl msliicd Baivlee ot nn thcr braneh without ri'K.ud to apportionment Secretary Wllsc'i cf the Deportment of Ag- rlciilture sent the following letter : The chief trouble 1 find In the Department of Agriculture e\Kts in the Bureau of Am- mil InUnstiy between In'-pec-Ior * , usslstaiu Inspectors , stock evimlncis and stoik tfi--- Kors. covered Into the ceivice wltliout ex aminatlon , and the only m.iikcd Inelllrli nrv I llnil In tlio vvorle of nn > i cliss of cmploj In the department Is among the ibovi- men tloned employes of the liureau of Anlm il Industry and In ciMtain of the tite stitl-- tlcal agents who were also coveied into tlui service without examination. These mil tors can be lemedlid by the president by exempting certain positions from the clas l- Iled set vice or by the- head of the dcpin- mcnt 'brouKh dopaitmunt.il cxamlnatloiw. Sec That Stamp ! It Is the Government Internal Revenue bt.iinp over the Cork nnd Cap. BUlo of every bottle of Certifying to the Age and Purity of the Whisky. NOTE It h the Government's Guar antee tlmt goes with this bottling face that the nnino W. A. GAISCb & CO. Is printed on t hub tain p. ALL DEALERS SELL IT A JI IIS mi U NTS. The Creighton S VV Tel , Ji.ll : t MriiTs . .ToNUiirr , M i.- . . MATINKi ; HATtTIlDAY. MNrOLN.T. TUP OAUTEH'b lilC ( JltKAT Sl'r.OTAOIJI.AH HEART ANOTHER I'liOOUOTlON ' OF Illli CHICAGO. I'rlccu , 2 c. 60c , "Jc , Jl 0) , Matinee , : pc , i5c Wo. M'.vn.vv ' , .IAV. TII , \ voonviti > yi'oric ( ; IN I.I.N WOOD. -Irnbi-llo Urnulmrt i. Co. llrothtra Uuimn , JIuUo-Mpto Jfif"J'V7 : ) * & I I'AXTON & nintor.s-i , \ Mannge.r8. Tt , j5rj. 'I'liiir.i : VICIITS COMMIOCIM ; , . . "r ( M.ii'r , Hiin. . . . MATINIJi : HATl IIDAY Charles I'lonmnn prmtntB Wllllum UllUti'a Anutlcun. I'lay , SEGBiT SEraOE Prices Lower Tloor JI.CO , JJ.CO , Dal 75c Wo. Untnce Lantr 1'loor , Jl W , 7 ; , 1'al. ' 5c , COo. .MM\Y , TlinSIIAY. .lAVUA'UY ' 10-11 , .VIII. i ; . II. Mnndii ) The Aihcnturo of Lady Ursula. 'Jui' cUijI rjrd C'lminlej * I'rlcpB iMwer I'loor , Jl W , Jl W. Dal. Jl.W 7-p , HIUTH ON SAI.i : KIIIDAY MOUNIN'O IKK OUJLL'S S 13. Cur ICIIi mill Dnvuiiport Hi . CO.NCIJHTS 13VICHY MRUT 7l3O TO JS. Matinees Turxlay , Thuraday and Saturday. 2 30L THIS WUHIC'S ATTHCTIO.Nl Krank-nyer & IIoivnrd-Dlckey IXincInu SouhrettcH Ono week more of the only Thelma Illco und Uuliimr , Qoiman Comedy Skctcll ArtlHts , ly Dennett Ac Hiiymond Ilessle Souhrettps , Ed Wrothe , Comedian , THE MILLARD 13th aiul Douglas Sts. , Oinnlin. CKNTIIAM..Y I.OC-ATJD. v AMI3HIOAV A.M > KUIIOI'KA.V I'IA.V4 f J. H. MAIUCKh & O.V , IToim , BARKER HOTEL TIIIIITKIJNTII A > D JONI3S HTHISKT HO roomi , liatln , cttam heat nnd all modern convenience * . .Uatcn. UM and Jl W per Wi Table unexcelled. Bpcelal tow ratig to rciUli boarder * . uiCK. BMITU.
