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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 13, 1898)
0 TUB OMAHA DAILY BEE : SUNDAY , PEBKUAHY 13 , 1898 , Bourfcius Music House V > REMOVED TO 325 BROADWAY Opposite Bryant Street , Where the Organ stands on top of the building. MIKESELL & ANDERSON Horseshoers Horses called for and delivered. All work guaranteed. Telephone 199. No. 17 North Mnin Street. Council Bluffs , la. GAS STOVES sold at less than cost. Ser vice pipes put in at actual cost of pipe and labor. Stoves connected and meter set free of charge to every purchaser of a gas stove. C. B. Gas and Electric Light Co. , 20 Pearl St. , Council DIiifTN , In. BUMP'S ' SUIT IS THROWN OUT Demurrer of the Motor Company to the Action Sustained. JUDGE THORNELL ON THE PROCEDURE Court of KuiiKy HUH \o Jtirimllctloii lu tin1'reinlHfM , but SiLKKTCHtit tliatiAiiollicr lAcllouWoulil Secure CoiiHlilurntloii. Judge Thornell yesterday announced his decision In the case of C. C. Dump against the city. In which the Omaha & Counull Bluffs Hallway and Bridge company Is the principal defendant. The case was instituted immediately after the passage by the city council of tbo franchise oxtcnslcm of the motor company. Bump , in his petition , claimed the ordinance was null and void , for the reason that It would Increase his taxes and also for the reason that the operation of the railway line In frcnt of his bualnesa property on Broadway would depreciate Its value. The defendant railway company de murred to his petition on the ground that ho was not entitled to any relief under the law , for the reason that a single taxpayer could not maintain such an action. The demurrer only was patscd upon , the question of the legality of the fifty-year franchise not being considered , und not nn issue. In hlo opinion Judge Tborncll said : "Tho only quretlcii to mo Is whether the validity of that ordinance and the declaring of It to bo Invalid and the netting of it aside can bo done by a court of equity. Ono ground Is that It Interferes or Is In conflict with Interstate cotnmcrco law , but it Is not shown that Mr. Bump is In any way Uijured by that. In fact , from the reading of the ordi nance I would suppose that the citizens of Council Bluffs would scarcely raise the ques tion , as ordinarily ono must bo Injured , must bo damaged , In order to bo entitled to relief , and the fact that outside people are charged 10 cents and Mr. Bump 5 cents would not ecem to nio to bo a very great Injury to him. I think , possibly , the Judge of this court might ralso the question If ho sought to buy a ticket for C cctita and waa refused on the grounds that ho was not a resident of Council Bluffs , but I do not think Mr. Bump can raise the question. The other question , as to whether ho mlgbt bo mulcted In taxes In a future day , It seems to mo Is rather speculative In Its character ; that 1 , It may happen and It may cot happen , and really the- very thing that the court Is called upon to declare hero , as a court of equity , Is that this ordinance Is in valid , That Is the object and purpose of this whole matter. I would not have any doubt if there was a franchise with no life In thla corporation aside from what there Is In this amended ordinance , and they were proceeding to lay down their tracks and run their cars upon the street that thlo court uould have the power to say whether that could bo done or not as a court of equity , but that Is not the proposition. The company has fourteen years of life In which to run Its cars Thla Is a moro amendment or extension to the ordinance , to the life of the company , and It can go on end ruu Its cans Irrespective of what I am tay.'ng ' about this ordinance. It In purely speculative * as to whether Mr. Bump will own this property fourteen years from now , whether bo will bo alive , fourteen years from now. It Is entirely a matter of conjecture whether ho will have to ( > ay tbeio taxes or not. It was lield In the case of Uotlgo against Water Works company that a court of equity did not have the power to determine these mat- : ten. The fact that this ordinance may grtnt powers > that would bo beyond the powerof / the city to grant would not arlao here until liable company uhould attack It , and - r 1i r A NEW FIRM In the Millinery business. Centrally located. The ladies of Council Bluffs and vicinity arc invited to call and see us , Our styles are up to date and our prices to suit the times. THE MISSES READ & MILLER 317 BROADWAY. COUNCIL BLUFFS. it seems to me that it can hardly bo said that a court of equity can declare this ordi nance Invalid. " The court said that ho felt that there were such grave doubts about it that It ought to be determined In another tribunal , nul ho therefore sustained the demurrer , coding the case so far as the court Is concerned. This ruling was really anticipated by the attor neys on both eldca. The attorneys tor the plaintiff anticipated It when they began a quo warranto suit at the last moment to get the case on , the docket for this term. This coso will be tried during the term , acid In It the objections urged by the- court will bo removed. Don't fall to eeo the minstrel show and dance In the Odd Fellows' hall Tueoday February IB , by K. 0. D. C. club of Omaha for benefit of Unity guild. Tickets , Includ ing dancing , 25 cents each. ir.VMC OWMilHS SII37.U THE AI.I.KV. Sill II for Itx INiNHt'MHloiii Will IN'iMV Jle Preparatory to beginning the work of re modeling the building on the corner of ftlaln street and Broadway for occupancy by the Citizens' tank the cost end of the alley running between Main and Pearl streets was fenced up yesterday morning. It Is the Intention of the Ibank people to make an addition to the rear of the buildIng - Ing that will extend across the alley , which will forever shut It up for public use. The closing of the alley was Ilio subject of a good deal of comment yesterday , und the prediction was freely made that 'it would bo the result .of appeals to the court. The bank people anticipated this and the fence was placed across tbo alley for the purpose of having the matter ( determined before the construction work on the building was be- OUR HOBBY Is to keep our custom ers nvell satisfied . . . . Only ono way to do this , and that Is to sell thorn good , fresh Groceries soil as low as anyone clso , and if possible a little lower then when an order is loft got it out on time. Wo are cranks on these three things , nnd wo believe - liovo the public appreciates such cranks. JENSEN & MORTEM THE GROCERS , 331 B R. O A. DV A. Y. A Dainty , Palatable Saucs Elmodena Dried Fruits , Pitted Plums , Apricots , Peaches , Pears and Prunes , They are the choicest in the market. Wo have tlio 1'nxton & Gallagher's Gns- Koastcd Coffee. JOHN OLSON ( Successor to Johnson & Olson , ) STAPLE AND FANCY GROCERIES 7i741 'Phone lic. . . . he had stolen from iTaylor. He was also de tected in this. Carter is 22 years old , and hb mother , now a widow , made an eloquent appeal to Judge Thorncll for clemency for her eon. The young man has already served a term of three years in prison. It.VDIO.VI. CUHE FOR KLOXDICITIS. AVcir Dc'imrtincnt l'ul n Damper oil Ono Man' * EiithiixlHNiii. Chris Jensen , a member of the contracting firm , of Jensen Brothers , has been suffering with the Klondike fever , andi was shaping ! his affairs to leave for the north in the early spring. As an act of prudent caution he concluded to make an effort to get some re liable Information from the government , and for this purpose addressed a letter to the secretary of war. An answer was received yesterday that placed ) an effectual damper on Jensen's ambition to hunt for gold In the Alaskan fields. The letter from the War de partment Is of considerable length and cast discredit upon about all of the published reports of extraordinary field finds in the last few months. The letter said that re ports from Captain Ilay , In charge of the supplies on the Yukon , are to the effect that all lot 1ho reported finds in new fields are pure fabrications , nnd that there had been no now discoveries In the territory for the last eight months. Ib Is further stated that not moro than 7 per cent of the people who nro already in the territory will bo able to find employment sufficient to maintain themselves. The letter intimates that the transportation companies and speculators at the outfitting points ore the chief boomers of all of the Alaskan gold fields and are making the money. Captain Hay , the let ter said , strongly advises against any per sons going Into the territory with the In tention of seeking fortune in the gold fields unless they take with them at least two years' provisions. The letter had a general circulation yesterday among other Council Bluffs people who are afflicted -with the gold fever , and had a very depressing effect. Masqucrado suits for rent from CO cent/ * up. Mrs. Minnie I'feffer. 202 Broadway. COUKT HOLDS uVH.Vl.VST TUB STATE , the Collateral IiilivrUniiuc Tax Iiiiw UiicoiiNtitiitloiinl. Judge Thornell yesterday rendered a de cision declaring unconstitutional the now collateral Inheritance law tfiat went Into ef fect with the new code. The case was tried In the district court hero a week or more ago and taken under advisement. It was the case of the state treasurer against the administrator In the estate of Prank C , Stewart of Carson , a wealthy farmer who died last fall , leaving an estate ot about $50,000 , the greatest part of which uos willed to collateral heirs. It came before the court on a demurrer filed by the defendant , al leging that the law Hself was not only un just and against public : policy , but was un constitutional for the reason that It failed to provide for any notice being given to the heirs or the administrator of the Intentions of the state to take without recourse to law an amount equal to 5 per cent of the en tire estate less the debts. Judge Thornell sustained the demurrer and every contention raised by the defendant. Ho declared the law Is unconstitutional In that It contravenes the rights of the individual to dlspso of Ills property In the way ho ecca fit , and gives the owner of the property no opportunity to cppear and question the appraisement or to bo present when the appraisement Is being made or Imvo any part In any of the pro ceedings , ell of which affect his rights and property. Thcro are over 800 cases In the ( late affected by this decision , and tie | 5 per cent tax Involved In suits now filed or ready to be filed approximate nearly $100,000. When you buy a valentine of Klein try his cigars , they're. fine. IliiliU.it llvvlvul. The revival meetings at the First Baptist church have not been well attended , owing largely to tbo unfavorable condition of the weather and walks , but will bo continued thla week and possibly next. Ilev , R. Vent ing , who conducts the services , baa had much experience ) both In England and In The Ladies Are interested in Aft Needle Work anil Battenberg ID -I We give gfr.ee. . lessons and keep a full suji Iy of materials on hand. , 'r"i ' Especial aljtehtion ' given to mail orders 'from out of the city. MESDAMtS STORK & CRISP , .141 Broadway , Council Bluffs. J. H. QUEAL & CO SUCCESSORS TO Western Lumber Co. , Rex Lumber Co , LUMBER and General Building Material COUNCIL BLUFFS , - - - IOWA. D. A. HAMILTON , Manager , this country , having been engaged In the work for twetity-ono years. His sermons nro entirely devoid of sensationalism. SOCIAL EVENTS OKTHE WEEK. SurprlHc Pnrty nt John Ileno'H n. SUCCCHH. ( A. masquerade surprise party at the resi dence of John Dcno on Monday evening afforded an Infinite amount of amusement for a party of thirty-two people nnd the members of Mr. Bono's family. All of the members of the party with two exceptions met at the residence of Charles Deno and after a short tlmo passed In waiting for them the party left without the delinquents. Half an hour after the guests had gathered at Mr. Bono's home the attendant at the front door was called upon to admit a non descript outfit. It was a little wagon drawn by a weary looking dog with worn and broken harness. Ono of the missing mem bers of the party was In the wagon and the other was assisting the dog In propelling It. The wagon was filled with brickbats and cob blestones. The entire outfit was emblazoned with Inscriptions Indicative of mining booms. Ono Inscription read : "In Bono Wo Trusted ; In Leadvlllo We Busted. " Every sort of instrument used In mining that could be procured was attached to the outfit. The masks were not laid aside until Mr. Bcno had exhausted himself In the endeavor to gueEs the Identity of the members of the crowd , and the effort to make him believe that all were from Colorado was almost suc cessful for a time. The Monday Night Dancing club met Mon day night at Chambers' academy and was Increased by some of the younger set who happened In for a good time. The entertainment and dance given on Thursday evening by the younger society girls who compose the Flower Mission club was one of the social events of the week. On Tuesday night Mrs. Prank Wright en tertained a chafing dish party and enter tained handsomely a largo number of her friends. By Ihe'Car Load That's the way we buy our cattle. One more carload of fine two-year-old Hcrefords just received and placed on sale. You get home dressed meats at our market and every pound you buy of us is war ranted. The finest meats and the lowest prices make our market the leader. Wo glvo the premium stamps. HUBER BROS. , 112 E. Broadway 'Phone 173. Don't Be Bluffed We are not talking non sense. We will duplicate an > offer made by any other Lauii dry , in regard to being easy on goods. We guarantee goods laundried by us to lasl longer by our process than by any other. We call these plain facts. EVANS LAUNDRY S. F. Henry , Proprietor. Manhattan § SALOON AND LUNCH ROOM "Only the Host" Wines , Lliiuors and Cipirs sorvort to our custn- incrs. Oysters nnd Short Orders at moderate prices. Oi > en tiny anil night. 1 418 Broadway , O4O40 + O + O + O < > O + O4O + O + O + O4O + O FARM LOANS. FIRE INSURANCE , SURETY BONDS LOWEST KATES. Ilcrldent Assistant Secretary , ( XATIO.VAI , HU'IIUTV ' CO. , tf. Y. Capital and surplus over One and One-Halt Million Dollars. All bonds executed at my office. JAS. N. CASADY , JR. , 2'tO Mnln Sired. . . . . Coumill IllulTM. SPECIAL NOTICES COUNCIL BLUFFS WANTS. IJ\VELJ.INGS , F1IUIT , "AJIM AND OAnDUN lands for iale or rent. Day & lieu. SS l'crl FINH FIIU1T PAIIM OP II ACItCH T\VO miles from center of clly , 500 fine bearing cherry trei-n , 6 acres of ( rrapea anj other fruit : J500.00 cash dowp , balance on lone tlmo nt 6 per cent. Johnmon Ik Kerr. Council HluffH. FOIl BALU-A CHOICK KAIIM OP 4X > ACltEH In Wayne county. Neb. , 6 nillea west of county teal ; ull under cultivation , no vane or Inferior lanj , fair Improvetnentv , abundance of water , CO acres of tame meadow ; echool home on land , Term , J2T.60 per acre , imrt rash , balance on time. Addre 11 , Ouren. 203 Fourth lreet. Council llluffn , la , or O. I.awion , Living Hprlntla. . ' KOIl BAI.U , < 0-ACHK lMI'HOVin : KARit IN Mills Co. , Iowa , 20 acres In cultivation. l > a | . nncu In Umber anil panlure ; a ImrKuIn If toll ! JMII. Addi X 12 , Ucc Olllcc , Council llurr | , Iowa. 420-ACRD IOWA TAHM , WBIJj IMI'IIOVIU ) . near railway , only 126 per acre. Johnston & Kerr , Council Hlurr * . 120 ACHIH 2 ill MM FHOM GOOD IOWA town ; line lan < I ami fine Improvement ! ; price , It.OoOj IGOO carti ami | yo per year , Johniton & Kerr , Council Jlluffs. Inttructloni. Albln Iluitcr , itudlo VIOLIN Hi Droadnray. German method ct Drciilen Conservatory , 335 Broadway Telephone 333' Frcnli Tork I.oln B l-2e KrcnU Hoof llonut * lo Itniiiul Stcnk 10o Sirloin Stcnk 12 1-So I'ortorhntmo Stcnlt 1" t-Sc IIolltiiR licet 4o unit no Turkeys , decse , Chickens and Ducks n nway down prices. A full line ot Lunch Meat ? , Hams , nncon Iar < l and Salt Pork , Oysters , Fish nnd Game In season. TRANS-MISSISSIPPI AND INTERNATIONAL EXPOSITION , Omaha , 1898 K CD O 2 S S "CD t ! o > QD e7 H in C3 H _ O o 3 H CD oG G 1 oCD m CD PROPOSED IOWA BUILDING. COUNCIL BLUFFS 1013 BROADWAY , Council Bluffs. - Iowa. Gentlemen's ' Clothing Gleaned , Dyed and Repaired , LADIES' DRESSES - Cleaned and . - - Dytsd. Send for Price Ltet. C. A. MACHAN , Proprietor. Klin. The alloy has alwaytt been regarded by the city ns prtvato party , but It has been used by the public for moro than forty years. It affords a rear entrance to a whole block of buildings facing on Broadway and Is used as much as any alley In the city. The question of whether the city can ncqulro tltlo to It by the long and undisputed use by the public Is the problem the bank people dcslro now to have settled. The alley was originally created by an agreement of all of the property owners In the block that It should bo maintained for the mutual bene fit ot all. More than forty years ago Of ficer & PuBey attempted to close It up after a 11 ro had destroyed a wooden building that stood on the situ of the present building that Is to bo used for the Citizens' bank. The other property owners went Into court and secured an Injunction preventing any of the owners or tenants blocking the alloy. 60 far as known that Injunction Is still In force , and If any of the present owners ot the other property conclude to object the court records may bo searched to ascertain If It can bo applied at the present tlmo , So far as known yesterday none of the other owners objected and the complaint came from the general public. Everybody Is cordially Invited to attend the Dickens party Thursday , February 17 , at Hando's hall at 8 o'clock. All persona repre senting characters , 25 cents admission ; audi ence , CO cents ; children , 25 cents. Dr. Heller , osteopath , Ileno block. A calcium light will be used to Illustrate Mrs. Keysor'a lecture on Donatello Tuesday night at Iloyal Arcanum hall. Carter firlM Kltti-i-n Moutlm. Thomas Carter , Indicted by the grand jury for robbing John Taylor In a saloon on West 11 road way , pleaded guilty to the charge lu the district court yesterday and was gen- ; cnced to fifteen montlm at bard labor In the Fort Madison penitentiary. Carter encountered Taylor while be was In the saloon drinking and managed to get his hind Into tbo man's pocket , The act wag detected by emo ot the men In the na- loon and Carter was taken Into custody. While being taken to the .nearest patrol box ho attempted to throw away the money 'Mrs. ' T. J. Foley entertained at cards on Tuesday night. Light luncheon was served. The Cotillion club gave one of Us happiest parties on Wednesday evening. The club has grown to bo ono of the chief social organiza tions of the city and Its parties are always among the chief events of tbo week. On Wednesday night Dr. and Mrs. Macrae , Jr. , entertained a number of their friends at dinner. Dutch lunches arc becoming very popular among the society sets and a number of them have served to entertain jolly crowds during the week. Quo of the largest and most pleasant was served by Mrs , Charles Test Stewart on Thursday night. It was In honor of her guest. Miss Ilonner of New York. Mrs. Horace Everett entertained a number of her friends at dinner on Friday night. Mrs. 13. M. Sargent gave a pleasant party In Chambers' hall on Friday night for tbo entertainment of tho. .young friends of her daughter , Miss Adah..1 The handsome hall waa especially decorated for the occasion , the prevailing color , being red. About 125 of Miss Sargent's1 ' young friends were present. The punch1 bowl was presided over by Miss Edith Thomas and Miss Clare Troutman. Mrs. Su'rgbnt was assisted by Miss Oliver and MWs Sadie Farnsworth , and Miss Sargent was 'fksjsted In receiving by Miss Hcs < ilo Dradyj and the Misses Klrkon- dall of Omaha , blghta refreshments were served on the platform In the hall. Dancing was the chief pleasure of the evening. Mlsa Llzzlo Fitzgerald of 1521 Third street Is visiting In nethany , .Mo. , where she Is the guest of Miss Kate Finch. She will be ab sent two weeks , Some of the friends of S. I ) . Nichols called In a body at his home last Monday evening to give him a hearty farewell band- Dhaka and add ono more pleasant evening to his residence In Council Dluffs , The af fair was a surprise to ( Mr , Nichols and the evening was thoroughly enjoyed by all pres ent. Light refreshments were served In the latter part of the evening. With his family 'Mr. 'Nichols ' will leave thla evening for their new home in Epwortb , where Mlts Lola and Kdlth will attend one of the Meth odist school * . Mru. E , I' . Nichols ot Third avenue , ac- ( Contlaucd on Seventh Page. ) ANHEUSER-BUSCH BEER , ON DRAUGHT. These ar3 the finest beers made. My Canada Rye Whiskey can't be excelled. Orders filled promptly. LUNCH DAY AND NIGHT. JACK O'NEIL , Proprietor , 16 * BROADWAY , Opposite Ogdcn House To be without teeth and it's inconvenient , too. There is no necessity for it in these modern days. You can get a good set of teeth for SS' ° o and the work is guaran teed. Painless extraction of teeth , See Dr. A. 0. MUDGE , Upstairs. 319 BROADWAY. M. S. IIAUnil.V , P , J. B.MICW Bntigliti ( S Buiigf Real Estate and Insurance Co. Bluffs , 002 llronilvrny. i , [ 10WAI " " ' ' ' ( We're Blue But It was the painter's brush that mmlo us so. We'renot only blue but wo'ro ncwl | nnd everything about us Is now Even the faces of our customers But wo are easy to get acquainted with. Come In and let us put up a flno roaster or steak for you. Xo better moat over soldi In the city than wo have. Blue Front Meat Market lilt ; Hronilmty , Council Illuffx , In. i I'liRli .t ICIiikrnil , Mueller Piano and Organ Company , Council Bluffs , - Iowa. 103 MAIN ST. OMAHA PARLORS 214 S. 1STH STREET Hardman , Harrington and Waldorf Pianos , Farrand and Votey Organs , THE OLD RELIABLE HOUSE. ( Established 1850. ) Our pnces are right. We can save you money and do you good. DOHANY THEATRE ONE WEEK AND SATURDAY MATINEE. Commencing Sunday. February 1.3 Opening Bill The beautiful frontier five act drama " Youn By the Redmond Dramatic Company. 16 PEOPLE IN CAST 16 ' New Songs and Dances A Musical and-Dramatic Treat , Matinee prices lOc and 20c Niglitprices 10c , SOcand 30c. Monday night ladies free with one paid 30c ticket. Seats now on sale. Springtime is Near And a general cleaning up will be the. result. If you want your , House Papered consult us. We can furnish your paper. A beautiful gold pattern at 2 l-2c a roll and upwards. Come in and see what we can do for you. Miller's Wall Paper Store , 108 South Main Street , , Council JJlullH. TIIK IMPROVED ROSE PATENT GRATE For steiim bollem furnaces , etc. This gruto la being largely used la packing houues , brewerlcD , mllla. Hteam hcatlnif plunta , or any plncu where ttnm bolleruaie being used. They are the most economical , dur. ublo and efficient hliukJny grata ijjude und will save fuel. Write for Rose Patent Grate Co. Council Ulufia , Iowa.