Omaha daily bee. (Omaha [Neb.]) 187?-1922, January 07, 1898, Page 5, Image 5

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    t TPPXTOM n nn T\I P/\t'nT /
LICENSL CASE IN COIKT
Judges Enlsor , Dickinson atd Fnwcett Sit
En ttrtno to Hear It ,
APPc'AL OH THE KITCHEN PROTEST
Ilircr .IinlRPi Hour the Mntli-r 11 *
I'rt-KriiUMl liy the AMonirj * Sir.
JlltolicoeU A TRUCK 111 *
Own Mile- .
In Iho matter of the protest of N. P. Fell
against the granting of a liquor license to the
Kitchen Urolhcnj Hotel company , appealed
from the decision of the Tire and Police
commission , Bitting as a license board , a
hearing was commenced bcforo Judges
lUJ.cr , Dickinson and Fawcett , sitting en
banr > cstcrilay afternoon. During the preiv
dilation of the case Judge Uakcr brought
out 'by questioning the attornejs the facts
that the World-Herald ohottcd no books or
other documentary evidence 'before ' the II-
tci.80 board , and that Mr. Hitchcock has
In his olllcc nd record o-f Omalu subscribes
end docs not know It the papers printed
reach subscribers or not.
When the case was called Attorney Me-
Culloch , for the protcstco and also for the
World Publishing company , nsked for a
continuance , saving that ho was not ready
to go to trial , owing to the fact thu hti
lud ( been engaged In the CESO of the State
against Gilbert M. Hitchcock , which had
ibeon on trial bcforo Judge Kejsor for a
couple of days. Ho urged that owing to
the volume ot work In other carea ho had
not had an opportunity to prepare lor Iho
"trial of the case at bar.
Attorney E. W. Slmoral , for the protcst-
nnt , stated that ho had stipulated with
Attorney McCulloch that the case should be
taken up at this time. In view of this
' Htlpulntlon ho said that Judge Kcjsof had
paused the case ibeforo him for a day. PassIng -
Ing ito the case at bir , Attorney Slmeral
contended that the cato against the Kitchen
Brothers Hotel company Included no now Is-
mics not brought out before the Flro and
Police commission , which commission over
ruled the protest and ordered the license
Issued. Uecitlng the Issues , ho said that
the origin of the case at bir was brought
about by reason of the Kitchen Brothers
Hotel company having violated the law In the
publication required The company , ho said ,
had failed to publish the application for a
llopuso In the paper ithat had the largest
circulation ! In Dcuglas county. At the hear
ing iboforo the Flro and Police commission
U \vas conclusively shown that the notice ot
application for a liquor license of the Kitchen
Brothers Hotel company was published In
the World-Herald and not In The Omaha
Kvcnlng BOG. It was also shown ibetoru lite
commission that The Omaha Evening Hot
had a much grcaitcr circulation than the
"World-Herald , and , further , that knowledge
of tl 'B fact was brought homo to member ?
of the Kitchen Brothers Hotel company prior
to the placing of the notice of application
lor publication.
i 1 Attorney'Slmeral ' then reviewed and read
* * " the testimony adduced before the Flro aim
Police commission. Ho shooed that the publi
cation ot the notice of application for a
llqoiir In the World-Herald WMS Illegal and
consequently void. Heading the testimony
of the clrculitlon of the World-Heiald , At
torney Slmeral showed that 110 books or docu
mentary evidence of the circulation of the
"Worhl-Hetald wet coffered
"Were there any books of circulation of the
World-Herild offered in evidence ? " asked
Judge Uak r.
' "Not .1 book , " answered Attorney Slm
eral "Circulator Harmon went upon the
etund and testified orally , but when wo de
manded the books , he failed and refused to
produce them. "
Going on with his argument. Attorney
Slmeral maintained that Mr. Hitchcock con
tended that the notices were published In the
Dally World-Herald. Answering thla he
slid that there Is no such paper as the Dally
World-Herald. There Is nn Evening Worid-
Ilcrald and a Morning World-Herald , but no
Dalli World-Herald. As proof of this. It Is
atgued that the matter In the different
editions Is decidedly different , Tvlth the baic
exception of the editorials. This being true
the publishing of the notices In the two
editions does not cause both editions to con
stitute one and the same paper.
Going Into the testimony brought out be
fore the Flro and Police commission , It was
argued that neither of the editions of the
WorldiHerald had as great n circulation as
fThe nvcnlng Bee. It was also shown that
this fact was well known to the members of
the Kitchen Brothers' Hotel company at the
tlmo when Its notice of application vvca
p'aced.
Decisions of many courts throughout the
country were cltod to show that n morning
and an evening edition of the same publi
cation does not constitute the same paper ,
and this being so , the publication of liquor
aicenees In both editions of the World-Her1-
, old could not constitute n legal publication.
When It was shown that the circulation of
neither edition of the World-Herald was as
great as that of The Omaha Hvenlng Bee
'Heading from the testimony It was shown to
the Judges that the clrculat'on ' of the World-
Herald In Omaha nnd South Omaha during
November was as follows : evening World-
Herald , -1,181 ; Morning World-Herald , 1,492 ;
Iho total not being as much as the clrcnla-
, _ _ 11011 of The Omaha nvening Bee.
* > - It wis argued that the Flro nnd Police
commission was without Jurisdiction , as the
members passed upon an application when
the notice was published In the Dally World-
Herald , a paper that did not exist , In sup-
t port ot this contention. Attorney Slmoral
cited a. case that was directly In point. It
( was a case front Minnesota wherein a delin
quent tax list was published In a paper that
'technically had no name. In the case re
ferred to the county commissioners of a
Jllnnesota county had ordered the publica
tion In the Minneapolis Tribune , while the
01st was Inserted In a certain edition ot that
paper ,
MR. HITCHCOCK'S POSITION.
In behalf of himself , the World-Herald
nnd the Kitchen Brothers Hotel company ,
Gilbert M. Hitchcock , president of the
World Publishing company * argued
the case for the protestce. Ho contemlod
that the question of circulation of the two
papers , The Bee and the World-Herald , nnd
the name "Tho Dally World-Herald , " was
adjudicated by the supreme court two years
ngo In the Pltizensrham case. Ho urged that
all of the editions ot the morning and evening
papers made up the Dally World-Herald.
Thla , ho ealdai , known to the courts , the
postal authorities and the advertisers. On
normal or overage days , ho said , over 09
per cent of the reading matter In the two
, papers was Identical , morning news being
added to evening news and vlco versa ,
The edltoiUUs In the Morning and ' 4to
Evening World-Herald , Mr. Hitchcock said ,
xvere Identical The editorials first appeared
In the Morning World-Herald and then
passed Into the nvrttlng World-Herald , 'tt'id
this , " he continued , "Is conclusive proof to
my mind. lluU both editions constitute one
publication. " Not over 100 persons hi Doug
las county , Mr. Hitchcock said , subscribed , for
both cdltlc 8 of the papers , Mr. Hitchcock
ilcnlod that ho refused to produce figures on
circulation Ho said that Circulator Har-
anon wns pin upon the etund nnd that Mr.
Slmeral brought out the figures ui which the
ca.so was resteJ. It was urged that the cli-
culatlc'i cut no figure If saloon men i nd
tlruBRlats used good faith In placing their
tiotl'es that settled the whole
, matter. Warm
ing up to hU subject , 'Mr. ' Hitchcock said that
thu present suit WHS not brought to test the
circulation , hut vuiu for the purpose of an
noying the World-aierald lutrona.
"Is tlicro a lUt ot subscribers and addresses
nj joup office , 'Mr. ' Hitchcock ? " asked Judge
( Baker.
Mr. Hitchcock said tj-at for his o\vn pro-tec-
tlon ho- had reports frcm time to time , hut
thcru wan no regular list showing fumes ,
( Most of the routes , ho said , were leased to
carrlcia.
'Us a nutter of flict , If a boy goea In atid
gt > a 000 papers , you ain't tell whether these
papers are sold or thrown In the rhcr ? " fa-
4 quired Judge Baker ,
- iMr Hitchcock admitted that ho could not
itnletvj the boy wlio got the papers vvua called
In and questioned.
In replying to Mr. Hitchcock. Attorney Sim-
eral took up Uia question of socd faith on
the part rf the n embers of 4ho KlUhm
Ilrjtner * Hotel corr.tiny He sh nrl figun
1 hat t ie me-mbcMi of ths tompiny hid kniwi-
Hh < > that T ie Dec hail a muih greater circu
lation In Djugas county th&M the \\irU-
HcMld , U hiv < g been spc ifl illy called (
thf'lr attention.
The hour for adjournment h > vlng arrived
< he further hearing of f-c ease wis postponed
until ( his morning when the attornojs vnll
ccocludc their arguments
MATi'ims itr.i'oun t.tcK\sn noiin. .
Ciilll f.'rtx Penult < < > Si-ll on SlvU-rntli
Sirpol
Evidence was taken In the cas > cf Nellie
Quill , applicant for liquor license at 221 and
223 North Sixteenth street and also 1517 and
1519 Davenport street , before the llccn.'o
board yesterday. Chief of Police Gallagher
and Captain IMostvn , as well as police ser
geants and patrolmen , took the stand and
swore that 'the ' place had not been run In
the past In the Interest of public morals , and
that It had been a resort for women of In
different morals. Objection was especially
directed against the garden operate. ! In the
rear. The applicant produced witnesses who
testified that the resort was run In an
orderly way and was In no way more open
to objection than other similar places. The
board took the case under consideration , nnd
rendered a decision denying the application
for license at 1517 nnd 1519 Davenport street ,
the location ot the beer garden , nnd allowing
that at 221 and 223 North Sixteenth street.
The protest In the case ot John Bowjcr. np-
pllcant for a saloon license at 2227 North
Twentieth strict , wns then taken up The
only ground ot remonstrance offered by the
Protestants waa embodied In a protest signed
by property owners In the vicinity of the
proposed location , The license ns prajcd for
was graded.
The following licenses were granted to
parties agnlnst whom there were no protests
lodged , the applicants having compiled vvUh
the requirements of the law George 'Mit
chell , 1307 nnd 1309 Douglas street ; Nicholas
Yager , 1204 Farnam ; John Buck , 2S27 North
Sixteenth ; Charles P. Uouiner. 323 North
Fifteenth , nnd John IB. Conte , 1621 South
Tenth street , the latter being a druggist's
permit. .
Protests In the cases of Ii Klrscht , sr. ,
nnd AI. M. Mullen were set for hearing today.
CO.NT1211IT TANK M > T YIJT 1JM1KU.
JiittKci Kc > ( ir Give * UIP llnltvr I'ur-
Arguments Ln the cnse In which G. M.
Hitchcock Is cited to show oittso why he
should not ba punished for contempt of
Judge Keysor's court are still In progress.
The hearing was adjourned nt noon until
today en account of the attorneys being
engaged In another caseIn another branch
of the court
Yesterday morning Attorney Slmeral upon
behalf of the state continued his argument
concluding at the hour of the noon edjourn-
ment , after which court adjourned until to
morrow morning. The ndjouinmcnt was
brought about by the fact that all of the
ittot'ieys arc ongiged during the afternoon In
Ihe lliiuor protest case brought against Hit
Kitchen Brothers' Hotel company , that U oa
bcforo Judges Baker , Pawcett and Dickin
son , sitting en bane.
> | CH from the Courts.
lartha 'McCam ha.s filed a petition In the
office of thr > clerk of the district cour , ask
ing that she be divorced from her husband ,
Mlciical McCann. She alleges crueltj
Julius T Weber has been cited to appear
In Judge Sco't's court and show cause why
too should not be deal't ' with en a charge of
contempt. Some time ago Marie Weber
brought divorce proceedings against Julius
T. Weber and secured an order requiring
him to pay a certain sum of alimony each
month Ho has failed to comply with the
order.
Judge Dickinson was upon the bench for
a short time yesterday morning. During thnt
time ha overruled the motloa for n new
trial In the case of John J. O'Connor against
Mary B. Shelby. The plaintiff was the at
torney for the defendant In tbo suit wherein
she contested the Crelghton will and
brought suit for attorney fees , taxed at $1-
OS4 32.
D. S. Carraway lu'n secured a Judgment for
? 487.68 nculnst Dick Berlin aud. Thomas
Haley , alleged to bo gamblers In South
Omaha. The case was tried. In ' .he county
court , wheto the plilntlff alleged nnd proved
to the sitlsfactlon of the court that some
moatha ago ho visited the gambling houfao
operated by t4io defendants and engaged In
the game of paker , losing all of his money.
Judge Dickinson has made an order lit
the case of Annie C. Chrlstenson against
Johanna Johnson and Constable L > oni.
Some jears ago the platatlff sued the de
fendant 1m an action to recover the sura of
$1,000 damages. She had occupied the house
of the defendant , Johnson , and had been
ejected by the constable. The Jury that
hoird the case awarded a verdict for $351.15
Judge Dickinson ordered all of this sum
aside from $32 remitted.
The case of William S. Popplcton against
the mayor and the members ot tiie city coun
cil , restraining them from entering Into a con
tract with the Omaha Water compiny and
restraining them from pass'ng any ordinance ,
looking to an extension of the present fran
chise , waa called In Judge Scott's court this
morning. Owing to the absence of City At
torney Connell , the hearing was continued
until Monday morning , January 17 , the re
straining order , heretofore issued , remaining
In force.
Will OIM-II I'ol-lH ( < > All.
LONDON , Jan. C It Is learned on excel
lent authority that In the event of Great
Britain guaranteeing the Chinese loan the
concessions required will bo the opening of
new tteaty ports , open to all nations alike.
The financial article of the Globe says It Is
reported on the Stock exchange that the Brit
ish government has arranged to guarantee
the Chlucfco loan of 10,000,000 at 3 per cent.
Itlcliardxiiii DIMIU' Cniniuiii } ll
The nnininl meeting of the stockholders of
the Illchnnlson Drut ; company waa held
J inunry 3. 1S3S. The affairs of the company
iw ere found to bo In splendid condition. Mr.
J. C. Richardson , president of the compiny ,
complimented the manisemont on the in in
ner In which the business hnd been con
ducted. Amos Field having withdraw n from
the firm ilmliiK the year a few changes were
mndo In tbo directory of the com ? iny. J.
C. Hlchiirdson wns olpfted president ; Charles
P. Woller , vice president and general nnn-
nBor ; 11 irry S. Wcller , secretary , and
George W. Hoobler , treasurer. The now
secretary and treasurer have been Idpntl-
llcil with the house ever since the business
lu Omnhn wan started , and are well ejunll-
llcd to nil the positions to which they hivu
been elected ,
SpenUiTH tor MIIIwoll llamim-t.
The following- will respond to toasts nt
the Commercial club banquet tomorrow
night In honor of President Stlllwell and
other high otllclals of the 'Port ' Arthur
route : W. P. Gurley. W. D. McIIush. C.
P Wcller , Ilev. 8. Wrlpht Ilutler , Pres
ident Stlllwell and Robert Olllham. Pres
ident Dumont ot the Commercial club will
pieatdo and J. C. Cowln v\lll bo toaatmas-
ter.
_
VIimltKKIllM lllH Wife anil Daughter.
NASIIVIM'R , Jan. C. A Bilstol , Tenn ,
special to the. Banner saj.s ; In a fit of In
sanity , nt 3 o'clock this morning , Alexinder
Carter , a white citizen of Greenville , killed
his wife nnd 19-yenr-old ilaughter , Montle ,
\\lillo they slept and then shot and killed
himself Caiter bialncil hi.s wlfo and
daughter i.vlth an aHe Is ? nld to have
been mentally unbtlnnced for some time.
IVclcrjil l'rlNOiii > rM KNIMIIII * .
QIIMVAUKCK. Jan , fl. Joseph Davis and
Charles Gtirnoy , two United States prison
ers , escaped from the house of correction
today The men were convicted of robbing
the malls In Chicago and were sentenced by
Judge Driscoll. Th y mmle their escape by
sawing thu bira of the celU on the third
floor and letting themselves down to the
a-ouml ! by means of an linprov lE-eil rope.
CrntvilliiK AVurlc on JiipaiK-hi * VrxHcI.
SAN PRANCISCO , Jan. C. All the men
that can conveniently work on the Japan
ese war vessel Chltos , now In course of con-
Htrii7tlon nt the Union Iron works , are
Lmsy putting- the finishing touches on Its
: ) ody , The vessel will bo launched
February 20.
To lilt fNtlKllttt ClilciiKO
Sl'IHNQFIKU ) , III , . Jan. 6-A , caucus of
the republican member * of the senate today
decided upon an Investigation of the Chicago
police. A resolution providing that the
irewldcnt of th sonuto appoint an Investi
gating couimlttcu of novel ! was adopted , 23
to a.
SENDS El ) LEEDKR 10 JAIL
Engineer of No , 2 Ccmpany Gets Into
Trouble with Court.
JUDG ; SCOTT SENTENCES A DELINQUENT
Pnllnrp < o I'nv Allntnnyllrm cil Ton
Vrnr * I KII Jtt a Cll > I'lrc-
in n ii Into HorliiiiN
Trouble.
People who happen to have bu inesa with
ttng'jaeer Kd Lceder of flro company No 2
will find him at the county jail Instead of
at the engine house , where ho has heea
In the past. Lccder Is not In Jail of his
otvn free will , but because he has been sent
there for hat la ? violated nn order of the
court , commccidliiK htm to paj over * to a
former wife a portion of the alimony here
tofore allowed
In 1SSO Catherine LceJcr commenced
divorce proceedings against Ud Lcodcr
Ihc hearing was subjected to some
legal delaja and It was net un
til Jaauiry , 1SSS , thnt a decree
was sranted By the provisions of this
dccrco the defendant was to pay the plaintiff
the sum of $300 alimony. Aside from r ome
$30 , none of this alimony has ever been
paid. Since the granting of the decree
Lceder has remarried and lisa left his former
wlfo to support her six clilldrca , of which
he Is the father.
Last Monday the fact that Leeder had failed
to pay the alimony allowed by the court was
called to the attention of Judge Scott , who
cited Leeder to appear In court the following
morning and show cauio why ho had not
complied with the order of court. At the
tlmo agreed upon Lceder was In court , but
ho did not have the money or any portion of
It. Agiln Judge Sratt let him off , giving him
until Wednesday night to raise the money ,
Wedncsdaj night Leeder ag.iln appeared , bul
ho Lid none of the money with him , an 1 whal
was worse Sie did not give any rwson why
ho had not raised the funds. This annoyed
Judge Scott , who at once Issued an order
citing Lcedcr to appear at 9 o'clock yestirdaj
morning and show cause why he should not
bo dealt with on the charge of contempt
At 9 o'clock Lceder was again on hand , this
tlmo with an attorney , who did the talk
ing Ho said that it was Im
possible for Lceder to raise the $100.
The court did not take this \lew of the
matter , but out of comrdsslwi , he again gave
Leeder tlmo. Ho Informed him that un
less ho was in court at noon with t'he morisy ,
ho would bo committed 'to ' the county jail
until pajment was made. Leedor promised
to secure the money cud leturn before the
lour of the noon adjournment. With this
promUo ho was allowed to depart , but at
12 o'clock he did not re urn , nor did he re
turn at 1 o'clock.
Having become tired of wultlng , JuJge
Scott Issued at attachment , returnable at 2
o'clock. The document was placed In the
ands of the sheriff and at ' he ccnvcn'ng ' of
court yesterday afte nt > : n dinarJ Lccdtr was
sent to the county jail , there to remain un
til such time an he shill scttlo vItn his
former wife.
A DIKIIIUII > timitoi'or.is.
llojifs \Vliloli lloiulxVeri < Jisucel
l j 11 IvaiiHiiN Coimt > .
A Kansas olliclal received a letter a few
iMjs ago fiom a dealer In municipal bonds In
Now York City asking about an Issue ol
bonds made by a certain western Kansas
county In 1SS4. The official recalled the
circumstance of the voting of these bonds ,
ro'ates a correspondent of the Now Yorli
Sun , nmd the Influences which weio usct
among the voters. The Missouri Pacific \M-
read wanted to extend its line Into the countj
and desired $50,000 In bonds to aid In it-
construction. The bonds were voted co con
dition that they were mot turned over to the
company until rhe read had been completed
to the county ecat.
Repealed efforts v.ore mallo to Induce the
county commissioners to surrender the bonds
so that the conoany could sell them and gel
the mccicy needed In the construction of the
line , but they were fruitless. Finally the
otllclals decided to try a new tack and sent
Jim Orr , a Missouri Pacific attornej ol
Atchlson , to the county to see and talk wltli
the "people. Orr reached the count } scat bv
stage ono Sunday evening In tlmo to go tc
church. When the contribution box was
passed around ho throw In a handful of silver ,
On Monday ho fell In with the town boomeis
and made himself agreeable. When the bond
subject came up ho remarked that he had
luaid something about the voting of some
bonds , but didn't care anything about tttat ,
as his business was to select a site foi
division headquarters somewhere out there
and ho was simply going to look over the
situation at that point ; he wanted , forty
acres of ground where water could be had ,
that was all.
This caused overjbody to warm up to Orr
and the town company offered him. a whole
section. Orr said It wouldn't be right to
take so much and forty acics were all he
needed. In Pao afternoon ho ex-pressed a
desire to go jack rabbit hunting aud the
village sports rallied to acconpany him.
Every ono In the party killed moio rabbits
than Orr and It was the unanimous verdict
tr-at ho was the best natured ana most liberal
sportsman they had met , though ho ooulJn't
fhoot much. That night ho olayed a little
game of poker with ills new friends , letting
them win his money with the remark that if
ho located there ho would learn the game and
try to get even.
On Tuesday ho started a force to dig a bis
well and at night attended a populist rally ,
making sure to have a fellow oill on him to
speak. His speech was a powerful arraign
ment of monopolies and the concentration of
wealth In the hands of a fow. On WeJnus-
day Orr surveyed the forty acres of land and
made a big plat of the ground , Indicating the
location of tliu roundhouse , genoial ofllces
and machine shops , and that evening went
to a church social , where ho spent money
right and loft , especially patronizing the
daughter of the chairman of the Hoard of
County Commissioners , and showing market !
courtesies to the wives of the other mem-
burs of the boird. 'Thursday was spent in
the town drug store , where Orr got ac
quainted with the leading men fiom the
country. On Friday water v-as struck In the
big well , and Orr was particular.)1 delighted
and enthusiastic. Ho dictated a telegram to
ono of the head olllcers of the Missouri Pa
cific company In the oatt , announcing thai
this was the best place for division head
quarters , and gave It to the major to send
That night a toun meeting was hold and a
banquet bprcad. Orr was the central figure ,
though retiring suid modest. To the toast
"Our Future City , " ho responded ao elo
quently that thoEo piesont could almost hear
the whistles and bell of the shops , and when
ho wound up with the assurance that In that
western metropolis ho expected to enjoy the
pleasures aud itsporjlblmies of a citizen
the applaurc shook the old frame hall.
On Fatuidiy Orr know every man , woman
and child In the town , and most of the people
plo In the county Ho had patronized the
three barber shsps , ordered a suit of the
local tailor , taken a share or two of stock In
the cieamery , hired nil the livery teaius in
town , bought his sister a hat of the milliner ,
paid each of the well dlsgeiis ? J a djy , prom
ised the postoflico to half a dozen follows
when Cleveland was clactod. contributed to
the county commissioners' churchoj and waa
the good fellow of the town. Then , taking
the chairman of the board of con'-nUslonerj
osldo , Orr remarked thai smce bands had
been votoJ , It might oxpoJIto matters If
there was no delay In Issuing them , but
that It was a small matter and ho merely
suggested It. That afternoon the commit )
elonor.5 held a short and hurtled session , and
signed the bonds and brought them to him
Mvlug It would bo a fa\or If ho would do-
llver them to the company for them. This
lie contented to do In tlmo to catch the stags
for tbo nearest railroad otatlon
Years have gone by since < hat eventful
week. A little spur of a reid docs the busi
ness of the "metropolis , " with an oiery-
other-day mixed train , and the 150 villagers
rarer to the vacant tract of ground with the
old well as "the Orr forty , " And the New
York broker fitlll holds the bonda.
TO OH HI 2 COLD lOM3 II AY
Fake Laxative Dromo Quinine Tablets , AH
Irugglsts refund the money If It falls to cure.
5c. Ilio genuine has L. D. Q , on each tablet.
I1STIMJ V MONS'Um T.MI1IT.
n Jlrnin nt Ui < r.Mlninlc l In-
< c-n.lt > of Mnclj V41 1 1 on ( n ml 1 01.
Th. , L shining Light , the huge blvnho
Ic 3 v hi i \ as exhibit il qt ( ho Woi il's fair
by Henry Lepaute of i'&rfa , Franco , nnd was
purchase. ! for $10.000 Ny" the Lighthouse
bciarl rind his s'are ' btffh tin exhibition at the
expositions at Atlantic-Iran Xnshvllle. Is now
undergoing a ten dajVUcst at the general
depot of ( ho llghthpusp establishment n !
Tompklihvlllo , S I. , eays the New Yorfc
Sun If this exhaustive ttst Is successful , the
light will probably be' instilled at some polnl
along the coast , though la ( exact location ha :
not ycl been decided upon.
The lenses of thte 'light ' nro nine feet In
diameter. IJich Is lotuposed of a central
disc , two prismatic rims , and 190 pr'r'natlc '
ficgmcnls of rims , nil of carefully ground
optlcul glats. The jnrlsme of each lens nrc
mounted In a brass framework tnodp In nine
teen sections. The light Is furnished by a
specially designed electric arc , and there are
three lamps Two of them nro Interchange
able by simply turning a hand wheel , nnd
the third can easily bo ouLstlluled foi
either.
The lamps have interchangeable carbons ol
different sizes , so tint the light can bo varied
In Intensity , according to the condition of the
atmosphere. With carbons ono Inch In diam
eter , the light Is equal to from 8,000 to 10,000
stanrtird ccodles Ench lens githeis neirl }
n half of thla light and projects It In a beam
nlno feet In diameter , which has nn esti
mated Intensity of 00,000.000 candles. Such
n light on a lighthouse high enough could he
seen 100 miles away , nnd in actual use It can
bo located at a still greater distance by Its
rejection on the cloudo. The light and
lenses revolve sit times a minute , so that
a beam from ono of the lenses Is flashed In a
KlVen.dlrectlon once crcry live seconds The
lamp , the lenses and the euoportlng framework
weigh twenty tons. They are supported by
n hollow steel c > Under Moating in mercury
nnd so slight Is the friction that one may
revolve the whole mass by pushing with n fin
ger. The regular revolv Ing mc-chinlsm la n
clock . \orlc driven by a falling weight of IOC
pounds.
Ihe lamps have nn automatic feed , which
Keeps tin1 aio In the fecal center of the two
lenses. The curient to run one Is of fifty-
five volts , end Its amperage varies from
twenty-llvo to 100 , according us carbons of
o-e-half or one and one-half Inches In dlam
oter are used. Tl.o Trench generator nnd
engine made for the outfit were not ptir-
chasrd , as 'domestic ' machines were thought
to be as well fitted for the- work Two Gen
eral Electric alternating generators , driven
by a twcnty-flve-liorse powir Idesl engine
and ntzglbbortj boilers will constitute the
plcnt Uvcrjthlng Is In duplicate In case
of a possible accident
Acce s to the space between the lenses Is
by Iron steps nt one side of the heavj ped
estal of the light At the head of these steps
Is a grating which , when opened to allow one
to ascend , autonutlcilly stops the revolution
of the light The lenses are over four feet
apart nt the ccintcr and ono standing In the
space between them , which , from Inside , has
the appearance of being completely sur
rounded by solid glass. Is dazzled by the bril
liance of the light they transmit from the
outside At night and with the light burnIng -
Ing the effect Is far more bewildering Prom
without one cEmnot look at the flash of the
lenses at short range. It hurt ? the eyes ,
even when closed. A captain In the light
house service sajs ho can lead a newspaper
at Rldgewood by the light from. Statcn
Island
The tests are teln.g conducted under the
supet vision of Lleuteiant Colonel D. P. Heap
coips of engineers , Ualfed States armj , en
gineer of the Third fjghthouso district , and
C. A. Lmny , suportateadent of the depot.
One crltlc'em so far mode Ls on the use of
mercury for the bearing. There are en the
dcor above the big light two smaller ones.
one mounted In meiaury and the other on a
ball bearing designed by Lieutenant Colonel
Heap , and while the o-c In mercury , though
It weighs only 300 pounds , moves no more
easily than the twenty-ton ono below , a mere
breath will revolve the one tti ball bear
ings.
Missouri Hlter Js V > t Where It if
Ml | > | MS < Mlj tl > He.
County Surveyor John W. Wade returned
yesterday from Townsend , where ho was
a witness In a case that was probably the
first of Its kind ever tried In Montana , re
lates the Helena Independent. It Is. not otter
that government land ofllce mopes are wrong ,
especially where survejs have been made ,
but It was proved nt this trial that at a
point nine miles north of Townsend the Mis
souri river Is not within half a mlle ol
wheto It Is located on the land ofllce maps.
It Is a peculiar position of affairs , and will
necessitate some new work on the patt of
the government to adjust the claims of the
people who hold patents for land In the vi
cinity.
The case was entitled Henry Raymond
against Benedict Kimber , and Involved land
In township 8 north , lange 1 west. Hay-
mend purchased the land about two years
ago , the former owner having a government
patent for It. On a portion of the land Klm-
ber squatted seventeen years ago , because ,
according to the maps In the land ofllce , It
had not been surveyed. The land Kimber
occupied was a beautiful pleco of bottom
land , oft which ho has been cutting hay ever
since ho located on It. When Raymond
bought the place he had nn Idea that he was
not In possession of the land for which his
patent called , and he employed surveyors to
go over the land. They did BO , and found
that the maps on file In the surveyor gen
eral ofllc& were wrong. The deputy sur
veyor who had done the work had not fol
lowed thcTmeanderlngs of the Missouri , hut
had made up his notes as ho thought the
stream should run , and had so returned It to
the surveyor general's office. The survey
made by Raymond's engineers showed that
the Missouri was half a mile distant from
the place where It was located on the maps.
Judge Frank K. Aimstrong , who presided
nt the trial of the cause. Instructed Vho Jury-
that the meanderlngs of the stream and the
topography of the country , as shown on the
maps , were subsidiary to the section cor
ners. Acting on the Instructions , the jury
found for the plaintiff.
Hut , though Mr. Raymond won his case , ho
does not know , or at least ho caunot tell by
the ofllclal map , where his land It located ,
It will bo necessary for the government to
order ii now topographical survey and then
revise Its map accordingly. Hut when that
Is ilono It will be found that Raymond loses
a let of land which he now apparently has ,
bpeaURo of the river flowing thiough It. As
the government gave him a patent for a cer
tain amount of land , and not water , and as
he IMS not received It , It would Becm only
fair that It should "make up to him what ho
loses. W'icre the Missouri Is shown on thom
m n there la luotcad a pleco of fine bottom
land and where the bottom laud Is shown
tluro the river lions
The case opens up n field of inoculation
ns to how the government will proceed to
straighten out a tangle at Its own making and
Etlll deal fairly by all Concerned , Mr. Raymond
mend Is going to petition the land depart
ment to segregate Ilia land and act as though
Ihn river U whcio 'It ' Is not , at the same
tlmo making up to him the loss ho suffcra In
lind for Ui.o river bolnx where It Is , In
case the government otders a mew survey It
v. Ill necessitate the changing of the bound
aries of all the quarter sections and the
.confusion . that will ilsult will be still more
confounding , ' .
MOIUJ 'I'll VMH II.1 Till : OHIHVr.
I'olllli'iil AndiKOiilhin ClicN I'lnoi * < < >
I'M n II n cl ill Out' ,
DERLIN , Jen 0. The North Ocrman Ga
zette , hi a Homl-Dflk-'tfl ' article , says : The
development of affairs rfn East Asia Is becoming -
coming more tranquil. ( Tension was caused
by t'.ie political antagonism of Croat Hrltala
and Husb'a , but behind the political antago-
ihtn now appears an economic one , which ,
loivcvcr , should be artangcd with little diffi
culty. There Is no reason why ono Btato
ihoulil exclusively undertake the Chinese
0:1.1. Prudent considerations suggest the ad
visability of an International arrangement.
Von lluilovvVIIH DriMini ti-il ,
nKRLIN , Jsn. 0 At the new mlace last
nlht Emperor William personally decorated
larou von Huelow , minister of foreign af
fairs , with the Order of the Red IXtglt ) .
VIlluu di Cnmiuaiiil < lu-
nni.OIUUIJ , Jan. C. A io > al decree has
jcen gazetted reorganizing the Servian army
and appointing cx-KIng Milan commander-
In-chief. i i
1
i
Omaha's greatest opportunity to
buy the best merchandise for about one-half its value. Dur
ing inventory we have handled every article in our Clothing ,
Furnishing Goods and Hat Departments , and find thousands
of Broken Lots and Odd Sizes , which we are determined to
sell at any cost. If price cutting means anything this will be
i
Now is the time to buy /
one nothing has been {
Worth Sio and $12. reserved the price cut
Over 500 Imported Worsted ll | on every winter overcoat
Cheviot Suits , sold all season in the house.
at $20 and $22. Prices
'a1 '
Hg T"a fl 3 dlly ua <
Worth $8.00 and $12.00.
ir
Fleeced Lined
Shirts and Drawers
75c qualities of
Odd sizes Winter Underwear.
Odd suits
Odd prices-
500 doz , of regular 50c
linen bosom with all the
good points of the best
50c goods
Knee
Pants Suits
Hats that have sold for
You will find some in this
lot worth double. 81.50 , $1.75 , $2.00 and
as high as $2.50 goat
Don't miss them .
they are worth
$4.50 and $5
, $ ! E2 <
Regular 50c goods.
You can afford to carry them Outing Flannel
till next year at these Night Shirts. . . .
prices , staes 3 to S
Big sizes S to 16