8 THE OMAIJA DAILY BEE : SATURDAY , 3TEHRUAIIY 5 , 1893.
BROATCIHIOORES HEARING
Popocrats and A , B , 0 , BoHcn Seem Deeply
Interested
PROSECUTION CLOSES ITS TESTIMONY
nxnmlnntloii of ( lie 1'lrfitVltnen * for
Hie Drfciiic \ < nv Under ' \Vny- .
, Kvlilenoe May All III ! liii
TonlKlit.
Interest In the Rroatch-Moorcs quo war-
ranto case , In which Rcfcrco Clements in tak.
ItiK tcutlmony In the court house , seems to
linvo sltnmcral down so far an attendance
i.i concerned lo a cotcrlo of politicians In
terested In the fortunes of William J.
Ilroatch. Whllo n number of well known
lawyers and Judges of the district court Imvo
dropped In from tlmo to tlmo to observe
the proceedings ns spectators the men who
nru Hanking Mr. Ilroatch and his attorneys
are representatives of the popocrats and
A. D. C. bolters who were working for Kd
Ilowoll last wprlng. Yesterday the principal
'Uroatch ' strikers who graced the court room
wcro Ills attorneys , Chairman Ransom of
the silver republican state committee and
C. C. Wright , the democratic lawyer ; Lawyer
Anderson , who ran for county judge on the
fusion ticket last November ; ex-County Clerk
Hcillleld , who was also on the fusion ticket ,
nnd hln ex-deputy , E. E. Zim
merman , and his ex-assistant auditor , James
Ruanecro also there. C. J. Smyth , demo
cratic attorney general , was an Interested
spectator for a Ilttlo while , whllo G. W.
Covcll , J. J. Savtllo and the notorious A. J.
VanAlstinc , all of them A. I ) . C. reformers ,
are practically fixtures on the Ilroatch sldo.
The defense has Just begun Its testimony ,
the prosecution having cloned at noon yes
terday , and the first witness for Moorca go
ing on the stand Immediately , and his ex
amination was still In progress when ad
journment was taken last night. Referee
Clements Is anxious to liavo thu case hurried
altxii ; u little , as ho has some matters at
homo which require his attention next
week. If the case Is not finished he will
likely take a recess and return. If possible
to finish , a night session will bu held to
night.
Deputy Clerk Harris of the district court
was recalled when the court rocouvuncd
yesterday morning , bringing with him bookb
and pcuers of the office. He was questioned
about trust funds In the hands ot Frank E.
Moores when ho surrendered the ofllco to
Ills successor , Albyn L. Frank , lhi > present
Incumbent. At this point the attorneys for
Ilroatch sought to Introduce asi ex parto order
inado ujion Moorcs by tlu- court , compelling
him to pay over to thu pretcnt clerk trual
funds. In reply , Attorneys Wharton am
Boucher said that this applied to a case
wherein the present clerk of the court held
In his hands nearly ? 5,000 belonging to
Mooies , Instead ot the money belonging
to Frank.
'Mr. Wharton contended that nt this time
Moorcs ) holds personal receipts of ex-sheriffs
for feus paid , but which are not receipted
for on the respective dockets of the district
court.
Referee elements held that the offer might
bo received simply for the purpcwa of showIng -
Ing that an order wad made , but that It
would In no way bind Moorcs. The Kttnog-
rapher was Instructed to make the rccon
show that Moores had no notice of the or
der and that consequently there was no
adjudication of the question In Issue.
DEVELOPS A BOOMERANG.
The attorney for Uroatch right hero struck
nn unexpected snag , lie had been waving ! ci
ithe face of the referee a paper which lit
had contended was an order by the court
made on Moores , to pay over certain trunt
funds to Frank. Referee Clements asked to
sco the order , and with some hesitancy the
attorney passed It up to the bench , where It
was examined. Upon the examination being
completed , the referee discovered that the
order was one * directed to Albyn L. Fiacik
to tnakei a report allowing the money duo
Frank E. Moorcs as clerk of the court
Broatch'n attorney quickly subsided , and
blushing , sat down , saying that ho had no
deslro to further examine- the witness along
this line.
Attorneys for Moores said , as there was no
new matter brought by the testimony of Dep
uty Harris nnd as all of ills testimony war
imimiterlal to the Issues Involved , they did
not care to croEs-uxamlno.
The attorney for Broitch hero concluded
that ho had nut finished his examination nnd
said that he wanted to propound n few more
questions. He ashed Deputy Harris how
much money Moores had paid over to Frank
us clerk of the court. Harris produced his
books and testified that the amount aggre
gated $1G,094 ! , all paid after Moores went out
of olllce.
Again the attorneys for Moarca announced
that they had no deslro to cross-examine.
Bookkeeper Gow of the ofllco of the clerk
of the district court was called and sold that
liu had examined dockets from 7 to 24 , In
clusive , relating to fees collected by Moores
whllo clerk of the district court.
The attorney for Broatch asked what the
eighteen dockets showed relative to fees col
lected by Moores.
Attorney Wharton objected to the Intro
duction of the dockets , ray Ing that the dock
ets did not show matters relating to any Is-
BUO In Hie yrcscnt hearing.
The witness said that he had not exam
ined the dockets since December , 189t ! , but
could do BO In the course of a month.
Referee Clements held that the booko
might bt > Introduced In evidence. Two bail
iffs were detailed to do the work anil In a
few moments the tables In the room were
loaded down with books. After they had
all been brought In , the attorney for Broatch
concluded that ho did not careto go Into
the records and the bailiffs had the pleas
ure of lugging the books back to thu vaults
of the clerk's olllce.
COVELL ON THE STAND.
G. W , Covcll , attorney for the Board of
Education , testified that ho had demanded
( from Moorcs , whllo ho was clerk of the
district court , a line of ? 500 which was Im
posed upon Wallenz , a saloon kcpeer. Asked
further about the matter , Moorcs had told
him that action upcti the advice of the
city and county attorneya , ho had decided
not to pay the money until the city had
paid 111 in some $19,000 nnd the county had
paid him Home $35,000 'that It owed him for
fe'cs In cases In court. Moores had said
that when these fees were paid ho was
ready to pay over the Wallenz lino.
The attorney for Ilroatch and the wit
ness on the stand made a strenuous effort
to go Into the de-tails of the political cam
paign preceding thu city election held last
eprlng , nt which il > oth ot them worked
against the election of Moorca to the ofllco
of mayor. Attorney Wharton objected to
the Introduction of testimony along this
line and Rcfpico Clements rulej that it wan
Impossible for him to tvo what connection
the campaign speeches and literature had
with the Issue ! ) of thu case on trial.
The witness detailed the fact that labt
spring , Just prior to the city election , ho
brought a mandamus proceeding against
Highest Honors World's Fair ;
Gold Medal , Midwinter Fair.
CREAM
. . .
BAKING
POWDER
A Para Qnft Cream ol TiirUr PofffwC
' 40 YEARS THE STANDARDS
the county to compel the payment of flnra
And penalties Into the Hoard ot Education
treasury. He Mid that Moorcs was not a
party to tha suit , Init ho appeared In court ,
and this wan given great publicity about
the city , nml published In the World-Herald ,
a paper that was opporrlnK the candidacy of
Moorcs and supporting Eld 13. llowell for
mayor.
mayor.HOW TUB OFFICE WAS RUN.
At the afternoon session the defense
opened with Ansel Steero on the
witness stand. Hu testified that for six
years ho was deputy under Frank B. Moorcs ,
clerk of the district court. Since the close of
Moorca' term witness said that ho had been
employed by iMoores In checking up his ac
counts and ascertaining how much Is duo
him as clerk of the district court during
hlfl eight years' Incumbency. When Moorcs
woi t Into the ofllco eight clerks wcro em
ployed , and this number was Increased to
about thirty at the ttid of respondent's term.
The business of the office during tlicao years
Increased at least 33 % per cent each year
during the term , lloorcs , the witness said ,
iravo about all of bin tlmo and attention to
thn duties of the olllce , looking after
al > oiit > everything except some of the
minor details , and working from early
mornlnn until midnight nearly every
night. Thin was particularly true
during the last four or live years of the
respondent's Incumbency.
Regarding the methods of keeping the
records , witness said that Moores kept all
bookn required by the statutes. During his
term of ofllco Moores handled about 20,000
cases , the dockets beginning with 7 and
ending with G4. In addition to the cases
In these dojkots there wcro about 1,200
cases that weru on dockets prior to Moorcs'
Incumbency which were adjudicated after
his term began. There wcro from sixty-seven
to sixty-eight appenrnnco dockets and about
r.lno or ten executive dockets , making from
seventy to eighty dockets on which receipts
and disbursements had to bo entered , He-
ports to the county commissioners were
made up from slips showing tlio receipts
of the olHce.
The witness explained the methods adopted
relating to the bringing of suits and said
that everything was clone In strict accordance -
anco with the provisions of law. Receipts
on flncs wore entered on the margin ot the
appearance docket on the page on which the
casa was entered and such receipts were
signed by the parties receiving the money.
Hy checking the appearance docket the
money paid and disbursed could bo ascer
tained , and In no other way.
After the expiration of Moores' term of
olllcc. witness ( Mid that he commenced
checking the court dockets and was assisted
by John 1'alimiulst , who had been employed
In the oIHco for a number of yean * 1'alm-
qulst , the witness said , left Mooreo' employ
on August 14 lost , and a few dajs later
parted for Sweden. Whllo In the employ of
Moorca , and after having gone out of ofllce ,
IMlmqulst's duties , the witness aald , were
to check all of the cases and show every
dollar received by Moores. When ho quit
ho had not completed his work , having
checked part of the dookets. After 1'alm-
qulst quit , wltncfs continued the work ol
checking , Laving been told by Moores to bt
careful and accurate with reference to
everything connected with the cases.
WORK nONK HY POINTS.
Prior to the expiration of Moorca' term , ol
ofllcc , witness &ild J. J. Points and W. J.
Ijams were employed In the clerk's olllcc
end spent some tlmo checking the accounts
and reporting to the witness. Points re
ported to the witness for the reason that
during the perlo.1 of his employment , 1895 ,
Moorcfl was sick. Points checked the wit
ness and trial fees first for the reason that
the county commissioners had requested a
report on those. At the tlmo when Points
was checking the appearance dockets there
were many Instances ta which the county
authorities had not receipted for fines end
penalties paid Into the county treasury.
Sometimes money was paid Into the county
treasury and not receipted for on the appear
ance dockets for a > oar afterward.
When witnesses called for fees the dock
ets were examined and It It was found that
ouch fees had been paid Into court , such
fees were paid , deducting such amounts as
the witnesses might owe Moorcs. If such
witnesses did not ewe Moorcs they were
paid their fees In full , receipting for the
same.
Regarding the reports made by Points
trial feed returned by him were paid Into
the county treasury and witnesses were no
tified of the amounts duo them. When they
called these fees were pild to them , provid
ing they did not ewe Moores. Thousands of
notices wcro sent to witnesses requesting
them to call and get their money.
After Moorcs went out of ofllco ho eant
checks to witnesses in payment of their
fees , requesting them to report at the ofllco
of the clerk of the court and sign the docket.
Th's was done In many { instances and many
witncdjes wore paid In this manner.
Referring back to the work of J. J. Points
of the dockets. Witness Steere said that
after Moores went out of odlco ho and Palm-
qulst went over the work for the reason
that Points did hia checking In 1S9G and
at that tlmo ho < lld not check everything.
Witness know one James Ruano and said
that that party went through Mooreo' of
fice , checking up the books for fines and
penalties and witness fees. Mr. Steere
said that ho frequently asked Ruano to al
low him to see thu reports , but was always
refused.
PAID TO THE TREASURER.
On May 7 , 1897 , witness said that a list
wan furnished him , showing that Moorcs
owed the county J1.S18.S3 on flues collected.
Mr. Moorcs was out of the city , but re
turned the ne-xt day , when the list was ex
amined and the money In full payment
turned over to George Hclmrod , county
treasurer.
Witness thought that to check the dock
ets and records during Moorcs' entire term
and reach u correct result ns to the flnea
and costt ) paid and dlEibnreed would re
quire ono man from eighteen months to
two years.
Referee Clements at thla point asked how
long it would require to complete the hear
ing and was Informed .by Attorney Wharton -
ton that the respondent had four moro wit
nesses to examine.
Attorneys for Uroatch raid that they
would have some rebuttal testimony , but It
would not bo lengthy.
With thlii explanation It was decided to
resume the hearing this morning and go
as far as possible before adjournment to
night.
_
Mercer hotel now open for business , man
agement Hick Smith. Table Is unexcelled.
Those desiring first-class board at reason
able rates can secure samu by calling now.
The Advisory board wound up the garbage
Investigation yesterday after several ex
tended sessions and a dozen postponements.
A largo number of witnesses had testified
that they had seen the contents of cesspools
dumped Into the sewers In various parts of
the city , and when Contractor MacDonald
was given an opportunity to present his sldo
of the casci his witnesses freely admitted
that such was the case. They declared , how
ever , that only the surface water had been
dumped Into the sewers and 'that ' the body
ot the refuse was carried away and dumped
according to the municipal regulations.
In explanation of the use of the sewers
Mr. 'MacDonald produced a copy of a reso
lution passed by the Hoard of lleaVth Janu
ary 2. 1890 , by which ho was given authority
to dump water from cesspools Into thu
sewers , and maintained 'that ' ho was simply
acting In accordance with the Instructions
of the Hoard of Health.
The cnso wna taken under advisement by
the board as the full board was not present ,
I.UOAI. 1IUKVITIKS.
J. II. Shaw , connected with the University
ot Nebraska , Is emending a tew days In
Omaha ,
The quarterly balance sheet for the quarter
ending January 31 , will be read in the Salva
tion Army hall. 1711 Uavenriort , on Saturday
night and Sunday afternoon and night.
The remains of 0. P. Sawyer , the young
man who was drowned In Seymour lake , were.
sent east yesterday afternoon by Coroner
Swanson to Minnesota Junction , Wli. , tup
residence of hie parents.
TuurmMy dt-ccgo Vradonber ' wlfo com
menced divorce proceedings against him. and
yesterday his landlady sued him in an
action to recover the turn ot $239 , alleged
to be duo for board and furniture cold anil
delivered. The plaintiff alleges that Vrnden-
berg boarded at her house for a long tlmo
and that ho failed to liquidate. She aUo
alleges that eho sold him a quantity of
furnlturo and that be hai failed to pay tor
the t > amo , *
SMILEY GIVES HIS VERSION
Explains His Grievance ) Against the Live
Stock Exchange.
TELLS HISTORY OF THE DEAD COMPANY
Secretary of tlip Omaha Ilvc Stock
< /'OIIIIIIK. | < II > IL Company ( ilven Tes
timony Ileforc the Ilxaiii-
Iner-lii-Clianecry.
In the case of the United States against
the South Omaha Llvo Stock exchange ,
charged with interference with Interstate
commerceIn violation of the Sherman act ,
the testimony of the government's witness ,
John B. Smiley , was begun yesterday be
fore Examlner-In-Chancery John W. Battln.
The evidence mainly related to the history
of the Omaha Llvo Stock Commission com
pany ot which Sir. Smiley was formerly sec
retary , and which the protecutloa la en
deavoring to establish was driven out of
business.
In the examination for the government It
was statoJ that the Omaha Llvo Stock Com
mission company was made up of farmers ,
stockmen and shippers to the number of
forty. Mr. Smiley said that Immediately
after the company's formation It assumed
an Important place In the business world.
In the second month of Its existence the
witness said the company did more business
ttan any other South Omaha concern. He
said an effort was then made toy business
rivals to cause its expulsion from the ex
change. Charges were preferred by three
exchange members to the effect that Mr.
Smllcy's company had been In the habit of
dividing commissions with stockholders , con
trary to the rules. Mr. Smiley said further
that an examination was held and the com
pany was on the point of being excluded
from the exchange , which he viewed In the
1'ght ' of a virtual disbarment from business ,
when an Injunction was served from the dis
trict court. He stated that a rule was later
passed by the exchange requiring the mem
bers of each company embraced In It to take
out an exchange membership , and owing to
the number of country stockholders In the
Omaha Llvo Stock Commission company the
latter organization was unable to comply
with the rule and was obliged to go out of
business.
WHY IT WAS INVESTIGATED.
In the examination for the defense the
contention that the company was composed
largely of farmers , who found It Impossible
to belong to the exchange , was met by a
request for the names ot such farmeru , and
the names of only four were given , with a
total of $ SO stock. It was ales adduced that
the original Investigation of the company's
methods had been caus&d , not by personal
feeling , ibut from a printed leaflet which
the company had circulated among Its coun
try stockholdcro to the effect that their
stock had earned COO per cent profit , but
that It wca not available for a dividend.
This the exchange regarded as n doubtful
proporltlon , and an Investigation had been
started Into the circumstances of It when
the exchange was restrained by an order.
ALMA JACKSON'S TESTIMONY.
Alma Jackson was on the stand all yes
terday afternoon to tell what he knew about
the exchange and Its methods of doing bus
iness. The bulk of 'his testimony was cor
roborative of that of other members of the
exchange which have been previously In
evidence. Mr. Jackson was questioned In re
gard to the territory covered l > y the Union
Stock Yards market nnd he then traced the
transaction of the commission merchant ,
following the cattle from the shipper until
they were ultimately disposed of. It was
the custom of the commission men to sell
at South Omaha If they could obtain what
they regarded as a fair price , and other
wise to send them on to Chicago. In the
latter case the Chicago branch which made
the sale divided the commission with the
South Omaha firm that sent them the bus
iness. Ho testified that each commission firm
gave a bond to the stock yards company to
Insure the payment ot freight , yard charges ,
etc. , and also that a number of the officials
of the stock yards company as well as the
heads of the South Omaha packing houses
wcro also members of the exchange.
The witness agreed with those who had
( preceded him that It would be n pretty dllll-
j cult matter for a firm to do a successful
commission business unless It belonged to
the exchange. He would not say , however ,
that the rules of the exchange had been
promulgated for the purpose of preventing
nonmembcrs from doing business. He said
that his firm had once been suspended for an
alleged violation of the rules of the exchange
and that he had lost 'business 'by ' reason of
misrepresentations.
'Ho ' knew of the Omaha Live Stock Com
mission company and stated that about a
year ago the exchange adopted a rule which
raised the price of membership to ? 1,000
an'l ' required five members of every firm to
belong to the exchange. There 'was nothing
In his testimony to Indicate that this rule
had been adopted to freeze out the firm re
ferred to.
IMil You Hake Vinir urnJii-O This
Wnyf
Hero arc the latest directions : Use ono
teaspoonful of Grafn-0 to two cups of cold
water. Mix the Graln-O with half an egg
and add the water. ( Be sure to measure. )
After the water gets to the boiling point
let boll for fifteen to twenty minutes. Uec
cream and sugar to suit tlio taste. If you
have not cream UEC hot milk.
A lady eald : "Tho flrst tlmo I drank
Graln-O I did not like It , but after uralng It
for ten days and forming the habit , nothing
would Induce mo to go back to coffee. " This
Is the experience of nil. If you will follow
directions , measure It every time and make
It the same , and try It for ten duys , you
will not go back to coffee.
Tim G. . \ . H. Delegation to Norfolk.
The G. A. R. and W. R'C. delegates to
the Norfolk state reunion will leave the
Webster street depot via F. , E. & M. V.
R. R. at 7:50 : a. m. and 3 p. m. Tuesday ,
February 8 , Tickets at half price.
City ticket ofllco 1401 Farnam st.
"Till ? COLORADO .SI'KCIAI , , "
Train to Denver.
via the
UNION PACIFIC.
Commencing February Cth , this train will
LEAVE OMAHA 11:55 : P. M. DAILY , and
ARRIVE AT DENVER , 1:30 : P. M. NEXT
DAY. This train will bo vestlbuled
throughout. Lighted with Plntsch gas and
will consist of Drawing Room Sleeping
Cars. Free Reclining Chair Cars , Coaches
and Dining Cars.
ONLY TRAIN OMAHA TO DENVER ,
having Buffet , Smoking and Library Cars.
Slerper on wrctbound train will bo open
to traveling public at 9:00 : p , m. and per
sons bound for Colorado points need not
wait until train leaves at midnight before
retiring. For full Information , call at City
Ticket Office. No , 1302 Farnam St.
IIIMII.I.VCTO.V KOUTI : ,
The- Only ( Iiiuilia-Ienver Ilne
which runs two fast through trains dally to
Denver ,
Afternoon train leaves Omaha 4:35 : , reaches
Denver 7-30 next morning and Id three and
a half hours quicker than any other after
noon train between Omaha and Denver.
Night train leaves at 11:55 : p. m. , arriv
ing Denver next day at 1:30 : p. in.
Ucrtha acid tickets at 1502 Farnam st.
lluiaencckerx' KxeurxloiiN ,
Tickets will Do sold on the first and third
Tuesday of February and March via the
Union Pacific to points In Kansas end Ne
braska ; points In Colorado west of and In
cluding Leadvllle , SnllJa and Alamosa ; pain's
In Wyoming west of and Including Laramle ;
points In Utah ( except on Southern Pacific
company ) ; points In Idaho east ot arjj jnclud-
Ing Welter and Market Lake ; also Ontario ,
Oro. Minimum selling rate , $9.00. For full
Information or tickets call at city ticket of
fice , 130 ? Farnam etreel ,
Fn * < pnt Anil Ilvnt Dfuver Train ,
Thu Ilurllngton'a No , 1 , leaving Qowh ;
11:55 : j > , m. , reaching Denver 1:30 : pt m , next
Cay.New
New equipment. Bleeping , dining and
chair cars.
Tickets and berths at 1502 Farnam nt.
OLD IIAHM'M ( J1VKS UP THK UIIOST ,
FJmt Home on tliniOmnlia Street Hall.
M-ny floex the Wta * of All Klenti ,
"Old Barnum" la ttaul , Ho was only a
horse , and his fame was largely confined to
the big barn of the Omaha Street Hallway
company. But with his demlso there passed
away the oUloct fenturo of the system , and
an animal that wa. ? known to every man
who has worked for the company since the
first ( bob-tall car wan hauled from Ninth
and Farnam streets. For Old Uarnum
hauled that car , and from that day until
the whistle blew Wednesday night ho has
been continuously In-'tha service. Ho has
seen the Ilttlo horse railway develop Into
a magnificent system. Ho'ut'.lls have been
exchanged for luxurious motors , the old
tracks have gone to the scrap heap and men
nnd officials have changed and changed
again , but the old spotted horse has plugged
along In apparent Indifference to the march
of time. How old he Is no ono can preteml
to know. General Maangcr Tucker says that
when ho came hero eleven years ago Bar
num was already n veteran , and even the
barn foreman , who has been at his ixjst
for fifteen years , says that he found the
tiarno old horse the first day ho entered the
service.
In the old days , when horses furnished
motive power. Barnum was a sort of moral
example for younger and less faithful toasts.
Whenever the road got hold of a broncho
that refused to work according to regula
tions ho wan hitched up with old Darnum
and In a few days he would become tractable.
As years went by 'ho became as much a
feature of the system as the president or
the board of directors , < and when tlio last
horse car went to the scrap heap ho was
kept In the service. And In splto of his
remarkable ago ho was a faithful servant to
the last. For the last few years ho has
been pulling the wlro wagon , and In that
capacity he has continued > to bo n familiar
figure on the streets. Ho went to the barn
as usual Wednesday night , but when the
hostler came after him the next morning
It was plain -that the old beast had done his
last day's work. His ago seemc'J ' to como
to 'him suddenly and he was so weak that
ho could not keep his feet. His stall was
carefully llttercxl and ho was left to enjoy
the rest ho had so faithfully earned. The
next time the hostler came ho found only a
carcass stretched rigidly on the floor.
Parties trying to Introduce now cough
remedies , should know that the people will
have. . Dr. Bull's Cough Syrup.
&im'l Burns annual February reduction
sale , 10 per cent to 50 per cent from every
thing In store.
Doot Kali.
Ta visit our store when shopping on Satur
day. The daintiest Ilttlo luncheon served
grails on our second floor. Mls Cora
Morse Is In attendance. She will bo pleased
to give culinary Information , of value. Hun
dreds of ladles have already Inspected the
food exhibit.
Saturday's menu :
Sandwiches.
Soup Macoronnl Meat jelly.
Bouillon Celery.
THOMAS KILPATUICK & CO.
OMAHA. AS CO.MI'AXY AVIXS.
Slay Supply SoiiUi Omalia wltli Gas
AVllhoiit Further Delay.
The supreme court has decided the case
of Shaip against the City of South Omaha
and the Omaha Gas company , reversing t'uc
Judgment of the district court of this county
and ordering a dismissal of the case.
Some months ago the city council of thn
city of South Omaha granted the Omaha Gas
company a franchise to lay mains and supply
gas to the city nnd the residents thereof.
Sharp luplted to thu district court for a
restraining crder , which was granted. Tht
cotryany appealed , end yesterday t'ae su
preme court passed upon the case as here
tofore cotod.
President Murphy of the Omaha Gas com
pany said last night : "I have Just heard
of the decision of the supreme court. The
decision removes-nil legal obstacles , and now
wo shall go on with the work th"at we laid
out last year. We shall push the construc
tion and expect to be surolylng the Magic
City with gat , before the end of next
mceith. "
Yesterday the supreme court passed upon
the case of A. U. Wyman , receiver of the
Nebraska nnd Iowa Insurance Company ,
against Williams and others , holding that
directors of an Insolvent corporation cannot
tpprcprlato resets to the payment of debts
due them to the exclusion of other corporate
creditors.
When the Insurance company failed some
years ago , certain of the stockholders of
the coir.nany attempted to appropriate cer
tain of the assets In payment of claims which
they alleged to hold against the company ,
The receiver sued these stockholders , going
on the theory that their claims wcro not
to bo preferred over the claims of other
creditors. The contention of the receiver
was sustained by the district court , and an
arpcal was taken. The supreme court sus
tains the decision of the lower court.
Don't annoy others by your coughing , and
risk your life by neglecting a cold. One Min
ute Cough Cure cures coughs , colds , croup ,
grlppo and all throat and lung troubles.
FOR JHC.VVRIl AXI ) THU WEST ,
The ItlirllllKtoii's . 1
Leaves Omaha 11:55. : Arrives Denver 1:30 :
p. m. next day. Sleeping , dining and re
clining chair cars.
Ticket office 1502 Farnam st.
COMI'LAI.V OF TIIKIR FIIII2M1.S.
People AVho Have Ileeit Ilohlied Auk
1'ollee ANNlHlaiiee.
A young blacksmith giving the name of
Moore told a story of misplaced confidence to
Prosecuting Attorney Miller , during the re
cital of which ' 10 alternately begged and
swore. He begged because ho wanted a war
rant Issued for the arrest of ono "Dude" Oak
ley nnd ho grow profane when ho thought
of the way ho had been duped. Moore rxiys
ijo nnd a friend were having a Ilttlo athletic
lournainent In the blacksmith shop near
Fourteenth and Hartley streets. They were
iractleing a feat called "pulling Hie stakes. "
tlooro showed himself a winner and In order
o throw a Ilttlo ginger In the deal offered
: o bet $2 ho could "do" tha crowd. Ho put
lie stakes In "Dude's" hands and ho hasn't
lone anything since but try to locate "Dudo. "
As ho failed , he now wants a warrant Issued
'or his friend's arrest on a charge of larceny
as bailee.
F. M. Jones , a newcomer to the city from
Chicago , grew llghtrheaded from frequent
contact with bottled excitement down In the
Third ward and whlletiln this condition inadu
the acquaintance of Lucy and D. T , Wil
liams. The three adjourned to the Emery
hntiEO at Twelfth and Douglas streets about
midnight and hero the pace was kept up
until morning. When Jones woke up ho
found that his convivial friends had de
parted and with them $95 hard-earned cash.
Jones at once made 'the acquaintance of a
policeman and was conducted to .the station.
Ho Is now locked up In the boys' cell as a
complaining witness against the Williams
pair , who have been arrested on a charge of
larceny from tbo person.
BOSTON STORE VALENTINES
The Right Bale nt the Eight Time Comio
and Sentimental Valentines ,
AT HALF PRICE FROM TODAY ON
Ily a l.upltjTlinol } - Coincidence AVe
Itll- nit I III IHCII * f I.Ot Of (1l < - l.lltOMt
181)8 Valentine * from n I.ciul-
ini ? Maker at Half 1'rlcc. ,
ANOTHER STATIONERY SALE.
ENVELOPES , TAI1M3TS , PAPETERIES
AT UNHEARD OF LOW PRICES.
Wo have just secured a grand collection of
the very latest , 1S9S , comic and sentimental
valentines from a leading maker , who oITered
them at less than half price to close out the
lot , ami as Valentino day Is near at hand we
place them on sale at once at about halt the
regular retail price.
'Fine ' , artistic lace valentines. In up-to-dato
designs and colorings , with the very latest
sentimental inottos , worth from Gc to T5c
each , on sale at lc , 2'ic , 3 c. EC , 10c , IGc ,
20c and 25c.
20th century comic valentines , C for lc.
Sharp darts , 3 for lc.
lilt 'cm hard , lc each ,
lita STATIONERY SALE.
From the Western Envelope Co. wo se
cured the choice of their entire stock on
hand of envelopes at about 1-10 real value.
All kinds , colors and sizes ; business corre
spondence , society and legal envelopes , worth
from 5c to 20c a package , all on sale at lc ,
I'.ic and 2'/&c per package.
From the National 1'ape.tcrle Co. ot Spring
field , Mass.wo bought all the 'best of their
stock on hand of flue box papers and en
velopes , consisting of the very latest up-to-
date society and correspondence stationery :
wo secured thorn nt about % real worth and
place them on sale tomorrow.
Dox paper and envelopen worth 20c , nt 5c.
llox paper and envelopes worth 25c , at
7&c.
7&c.Uox
Uox paper and envelopes worth 35e , at
lOc.
lOc.Uox
Uox paper and envelopes worth COc , at
IGc.
IGc.Uox '
Uox paper and envelopes worth' 7Gc , at
or.p
bOU.
bOU.Uox paper and envelopes worth ? 1.00 , at
39e.
39e.From
From n leading local concern wo bought
all the odd lots of line writing tablets , over
10,000 In all. all sizes and styles , for Inker
or pencil. Not a tablet In the lot worth
less than lOc , and many worth 25e , all go
on calo tit 2 4c , Ee , 7',4c and lOc.
Vest pocket memo , ibooks , lc | each.
Pocket account books , 2c each.
Ledgero and day books , worth 20c , at
Gc.
Composition and receipt books , worth 20c ,
at Gc eacli.
2,000 leatherette lunch boxes , all size ? ,
worth 2Gc , on sale at 12 < 4e each.
UOS'TON STORE , OMAHA ,
ICth and Douglas Sts.
Dll.vlluhl Trill n to Cli
Beginning Monday , February 7 , the North
western line will place In service a daylight
tialn to Chicago , leaving Omaha 7 a. m. .
Council muffs 7:25 : a. in. , and arriving Chicago
cage 8:45 : p. in. , making connections with
evening trains for -ill points cast.
Dining can ? serve all meals.
The afternoon limited trains at 4-l5 : anJ
6:45 : p. in. , arriving Chicago next morning
at 7.45 and 9:30 : a. m. , respectively , still re
main In service.
City ticket olllcc 1401 Farnam st.
G. F. WEST , C. P. and T. A.
J. A. KUHN , General Agent.
FiiMlm ! Train to Denver .
Commencing February C , the
UNION PACIFIC ' '
Will Inaugurate new service.
"TUB COLORADO SPECIAL. "
LEAVING OMAHA DAILY 11:55 : P. M.
DUFFET , SMOKING AND LIBRARY CARS.
For tickets and full Information call 'at
City ticket office. 1H02 Farnam street.
A Great Hide.
The Lehlgh Valley Is a wonder spot In
America's scenery. The little towns far
down In the valley look like the dots on n
mop , as you whirl along In the palatial
vestlbuled train of the Grand Trunk and
Lehlgh Valley railroad systems. This
superb train leaves 3 p. m. 'lally from Dear
born Station , Chicago ; reaches New York
next evening. Steam heat ; gas light ; Pull
man Buffet Sleepers and Dining Car. Ticket
ofllco at 103 South Clark St. L. R. Morrow ,
city passenger and ticket agent.
Take Tour Choice !
THE BURLINGTON'S NO. 3
Loaves Omaha 4:33 : p. m.
Arrives Denver 7:30 a. m.
THE BURLINGTON'S NO. 1
Leaves Omaha 11G5 : p. m.
Arrives Denver 1:30 p. m ,
The Burlington Is still the shortest end
quickest Omaha-Denver line still the only
line which runs two through trains daily
from Om-iha to Denver.
Ticket office 1502 Farnam fit.
J. I ) . Reynolds , city passenger agent.
"THIS COf.OllAHO SrUCIAI , . "
Via Union I'aclllc.
Commencing February C ,
WILL LEAVE OMAHA DAILY 11:55 : P. M.
ARRIVING DENVER NEXT DAY 1:30 : P. M.
ONLY Denver train having
BUFFET , SMOKING AND LIBRARY CARS.
For tickets and full Information call at
City ticket ofllcc , 1302 Farnam St.
THU III HA I.TV M.VIIICBT.
INSTRUMENTS placed on record Friday ,
February 4 :
WARRANTY DEEDS.
D. C. DoddH to J. L. I'arrott. lot 21.
block 1 Potter's add $ 1
F. 10. Rilley nml wife to II H. Harder ,
lot 9. block 5. Lincoln Place. ; rBO feet
lota 31 nn < l 12. block ! S , Parki-r'H ndd. . 2,000
II. T. Ford and wlfo to N. O. Ford , lot
10 , Smith Park ndd ; lots 2 and 5 ,
block S.'l , Ambler Plnco D
13. J. Dyorrman and -wife to J. V , Ca-
hlll , lots 1 and 2 , block 1,1-15-73. Henson -
son 2X ( )
J , 'P. ' Flack company to First National
bank of Chicago lot 1 , block 1 ; lot 1C ,
block 7 , Hltehcock'H 1st ndd ; lot 10 ,
block 3 , TIpton il'laoe ; lot 2 , block as ,
Uenson's add ; lot 20. block 117 , Flor
ence 2,000
J. W. McHnthron to n. 13. Me-Euthron ,
lot 5. Llndrny'H iibdlv 200
r C. Orablo nnd wlfo to G. H. Scrlpps ,
lotH 0 , 7 nnd 8 , Convent 1'lnco 1
B. D. Evans and wlfo to Cady Land
company , lots 4 to 11 , block C , Alamo
Plnzti l.MO
QUIT CLAIM DEEDS.
John Rush and wifeto Lewis Hoot , i'/i
' 2
HWVi 35-lb-l'J
DEEDS.
Sheriff to V , E. llalley. lot 27 , block 2 ,
Avondalu Park (00
Total amount of transfers . J9.S09
SWANSON-aien A. , aged 12 yenra , 11
months nnd 17 days , beloved son of Mr.
nnd Mr * . Frank A. Swanson , Fi-brunry 3 ,
1S9S. Funeral services from family resi
dence , 2.114 Pumlng street , Saturday after
noon , nt l'M. : Interment nt Forest
FrlendH Invited ,
Burlington
30 miles shorter than & '
any other line
1602 PAR NAM ST.
TICKET OFFICE : ] OMAHA.
Dec , 2-4-94
Ktcp Votir Jfye on The Xclntfkn ihis fpring.
All day Saturday " ' " ' " hare on mtJo ( mother invoice -
voice off hone Hjilondid so.u at ten cents a pair. There itt
material cnottyTi in these . for the loudest Kind of
"hnrrafi" adrcrtisinr/and mitrl : down hnmbii/f/cry bnt
tec don't need that sort of assistance to sell them and
tee arc not that hind of a store. An yon know , these HO.V
tire the bent so.c nnd the btfif/est valnes ever offered for
anywhere near the muneyfand as thin isiirvbubly the last
tthfptnent we wilt be able to ojfer at thin price we witnt
all to avail themselves of the present sitle. . / ' ! flume wlnt
do not If now these HOW but then crcrijlady IHIOICH them
ire wilt hare sold fire thousand doxen when the
lot isone. . They will be on sale Saturday all da/ } .
BEAR IN MIND THAT "THE GODS HELP
THOSE WHO HELP THEMSELVES. " SELF
HELP SHOULD TEACH YOU TO USE
SoJa Mint num. 2 for Co
( U'o linve all the winning letter * * . )
fiOo "Wooilljnry's l-'m'lul Soap lie
2.'ic Mermen's Talcum I'uwilcr lie
L''iu fiitlcunv Son ) ISc
25o Chnmljerluln's Cough dire . . Jlo
23c I'nscurcts , . uiu
2r.u . Itruuio Keltzer . . UK *
2T.o Ixix.itlvu Hrumo-Qulnlne . .lie
J3u ( . 'niter's Liver rills . . ] 2c
fl.OO 1'Ieieo's Favorite Prescription . . . . G2r
Jl.CO Wine Omliil ( ! tc
i"tO ! 1'lno'a Consumption C'uit . IGr
Mo Ktuarl'H Dyspepsia Tablets . Sic
Wo I'yrnmtd I'llc Cme , we s cll . 34'
TiOcSyuip of KlKH. wo sell , . ; t2o
Mo Yule's Pace I'owclervc sell . 3'lc.- '
$1.09 Scott's Hmulslon , we sell . . C7c
lOo KIOK In Throat Co
2 IJoxen Menthol CoUKh Drops for De
Jl.0 N'n-to-Itac , wo sell crc
231 Swans Down lo\v < lervc pell He
OOu Jlalteil Milk , we hell Cile
Jl.OO S. S. H 74o
Wrlto for catalogue.
2d door west of postofllce. - 1513 Dodge St.
DON'T PAY $100
for n. course of mcdlenl treatment
when you ean have , at nominal cost ,
competent treatment for
CUDABI.B
DISEASES
of nil kinds at the
Sltcptml
Mctliciil
Institute ,
Now York Life BldK.
Established seven years. Wrlto or call for
literature. Consultation free. Home treat
ment by mall for country piitlontH , Tlio
largest medical practice in the state. Just
now Is a good time to tlnd out what can
bo done for your chronic ailment.
Assist Sluggish Kidneys ,
The scat of Inflammation , congestion and pain that
Impair their poncr to properly perform their normal
f unctions by applying
Porous
Plasters
across the back on line with the Imver ribs. They
promptly relieve tlio HacUucltc , I'alu in tha Lolnr ,
or heavy dull feelings In tlio region of the kidneys ,
and through thulr valuable medicinal ana counter-
IrritallngcffcctB , aid in etlmiilattng and ro-ostuU-
llHliliif ; a lutnltliy condition. No extcrn.il
remedy BO effective , reliable and prompt as a 1JKK-
BON. I'rlco 25 cents , ltcfu'0 substitutes.
' ' Chcmlsti New York.
Beubury & Johnson , Jl'f'U ,
' CUHKS PIMPLES.
'S 127 W. 42ml St. ,
Now York.
no longer supply our seeds ( o dealers to >
sell again. At the same time , any
one who has bought our seeds of their
local dealer during either 1896 or 1897 will ?
be sent our Alanual of "Everything for tho-
Garden" lor 1898 rjijCC provided they
apply by letter FlvCD and give the
name of the local merchant from whont
they bought. To all others , this magnifi
cent Alanual , every copy of which costs us
30 cents to place in your hands , will be sent
free on receipt of 10 cents ( stamps ) to cover
postage. Nothing like this Manual has
ever been seen here or abroad ; it is a book
of 200 pages , contains 500 engravings of
seeds and plants , mostly new , and these arc
supplemented by 6 full size colored plates
of the best novelties of the season , finally ,
QUH "SOUVENIR" SEED COLLECTION
will also be sent without charge to all appli
cants sending 10 cts. for the Alanual who will
state where they saw this advertisement.
Postal Card Applications Will Receive No Attention.
Outfit anil Blnrt from VANC'OUVnil bernu-o
1. VANCOt'VKR Is the easiest place on earth
to pet to.
2. VANCXHJVKIl Is the nearest port to Alaska.
3. VANCOUVER eooda are the cheapest nml
bout.
4. VAWOUVER Roods jwy no cuftorns duty ,
liolriK Cniimllnn m.-ule , und not munurnc-
tureil In the States.
6 VANrOI'VKH frelsht Is last on Ixi.ird , nnd
thercforn Is Unit illntinharked. I'lnctlcal
men will note this point.
G , VANCOUVER runs Its own Bleamers , nnj
all norlli-BoIni , ' steamers na well-
Call nt VANCOrVEU ,
Maps uml Information free from
W. < ; < > Il''lliV , I'rcH , limiril of 'I'milc ,
VAXCOLVKH , II. C.
OR ,
IB THE ONLY
SPECIALIST
V11O THKATB ALL '
Private Diseases
> Ttiln * ID I UUorilir of
MEN ONUV
SO YrvirsKitHirleuco.
10 YOIUB in Oinulin.
Book I'roo. Conulta >
tiocFroo. Hojc7W ( , 01
Mth and Faroam Bti ,
OMAHA. hKI3.
French Lisle Socks
7c a pair.
The "ad" boy who Invents Jackass fables ( from Aesop'n fables ) reminds ono
of tlio fool who tickled the hind part of a mule , which ho considered a great In
vention of his own , In order to force that mule to obey his foolish trait. The ro-
milt ? The "ad" boy baa Ills fun In thla world , while the fool tolls his story to
thn angcla.
Como again , "ad boy , " Jackass fables are now In order. The suffering
newspaper readers will now enjoy a dish of fables Instead of the "lltjuor notice"
squabble ,
'Jlut ' docs a Jackass fable really offset a souiwl business argument , whereby
the people save the profit money , which otherwise goes to build a pyramid of
wealth to the "ass" fabler ? Wo believe not.
It Is as absurd to claim that even the lest value offered when the article la fresh
from the factory Is worth as much as after It Is handled and abused for months
after as It IH to talk about ono store chariMng 18c for the Identical article another
store sells at lOc. Such logic Is even unfit to feed a crow with.
Now , to curb the Me.Vc arc selling now today , tomorrow
and all clurlim February puiv I'Vcneh lisle Hoclts. so stamped
and wai-raiited , of either black or tan eolorn , at 7 l 2c n pair.
If It isn't as Kood a pair as any sold anywliere at IQo. particu
larly at those stores that claim wo nders , then these Hoiks
cost you ft penny , l-'reu of charge for _ tjic _ proving.
That Is tbo kind of overcharge storu we are , and yet we are not boring the
people with our modesty , either.
