r
* . r * |
'A i . vr Ta-nt-Bi.
HATTERS IN FEDERAL COURT
Insurance Companies' ' Quo Hay Bo Heard
Daring the Week ,
ATTORNEY GENERAL FILES HIS ANSWER
Bft * Vf the Vnllilllr of tltr IMVT In
* Contrnteray anil llrnlpn ( he Jiirln-
diction of the United
Stale * Court. - '
The case In which a number of foreign
Insurance companies doing business In No-
liraaka are attacking the constitutionality of
the leiBitrance laws passed by the last leglala-
ture may come up for hearing before Judge
Blunder during this week. Attorney General
Smyth has Intimated that he will bo ready
< o take up the case M Wednesday. In prep
aration for this hearing ho has flled an an
swer to the petition of the Insurance com- >
panics.
The lawn called Into question are of an
anll-truit character , declaring any combina
tion of lire Insurance companies for the pur
pose of ilxlng walform rates to be charged
for lnsurauco to be Illegal. The penalty I.i
the H'Vocul of the license to do business m
Nebraska. The insurance companies took
the bull by the horns , going on the bfllot
that prosecution under the luw was to be bp-
gun at once by the state authorities , and
sought to secure an Injunction to restrain
Attorney General SiiDtli , County Attorney
Iktldrlgo of this county and State Auditor
Cornell from beginning any Buch proceed
ings on 'the grounds that the laws arc un
constitutional.
The chief charge against the constitution
ality of the laws was that they created a
class distinction between foreign and Ne
braska companies , and this Is denied spcclft-
cally lit the answer. It lit also alleged that
the Insurance companies have formed a pool
dii the state by which rate * are regulated ,
and the effect of which la to drive weaker
companies out of the Jleld , The effect Is to
give the monopoly of Insurance business to
the companies of the combine , allowing
them to charge whatever rate they please.
In Uiolr petition the Insurance companies
lie set up that they had been allowed to
do business for many years In this state |
and rial Invested in property hero under
the tacit understanding , at least , that they
would not be Interfered with In any way.
To this the attorney general assorts that the
Btato reserves to Itself always the right to
change or amend any of Its laws , and that
consequently this allegation has no weight.
The attorney general also maintains that
under the constitution of the United States
the latter has no power to adjudicate a
case of the kind , but that the case Is one
wherein the merits should be decided on ques
tion of fact. The attorney general also con
tends that the case should not have been
brought against state olHcors but against
the state of Nebraska.
LIVE STOCK RXCIIANQR HEARING.
The hearing of the South Omaha Live
Etock exchange Injunction case Is set for
Thursday , but the hearing on the Insurance
case may Interfere with It. These are the
two Important canes that arc set for hearing
In tile federal court during this week. Today
Judge Mungcr will be In Council IIluffs to
llfiten to an Injunction similar to tbo one
Instituted In this city against the Crane-
Churchill company , Involving a patent right
upon a windmill. Judge Mungcr took this
hearing to accommodate Judge Woolson ,
who Is holding court In the eastern part of
Iowa.
Judge Munger has handed down decision !
in a number of equity and law eases , In only
two of which , however , were there any mat
ters to which public Interest attaches.
One of the cases was one of the many In
stituted by Henncsey & Co. , the liquor manu
facturers of France , against a number of
local saloonkeepers and liquor dealers to
restrain them from selling brandy alleged
to bo an Imitation of the Hennessy cognac.
The case was against C. Janoen. The ques
tion In Issue , however , was not decided from
the fact that the defendant did not answer
to the complaint. Consequently the court
granted the Injunction prayed for. In moat
of the cases a fight has been put up , but
nonet of those has como up for hearing yet.
The case of Herman Vandecar against the
Omaha & Republican Valley railroad and the
Union Pacific system was finally disposed of.
The suit was brought to recover $20,000 dam
ages for the loss of a band. The Injury was
sustained by the plaintiff tielng thrown
under tbo wheels by the sudden storting of
a train. The case was tried at the last term
of court and a verdict for $500 was returned
in favor of the plaintiff. Judge Munger dls-
roldsed the case as against the Union Pacific ,
but entered judgment for $500 against the
Omaha & Republican Valley railroad.
INVOLVE RIGHTS OP INDIANS.
Tlirc-o cases Involving the rlgdta of Indiana
of mixed blood to hold land In their own
right on the Omaha reservation under Ibo
treaty of 1865 with the United States have
been Instituted 1 the federal court. The
plaintiffs arc Thomas L. Sloan , Margaret
Sloan and Garry P. Moyera , lineal descend
ants of a pure-blooded Indian woman , Tag-
leba Hacelnda , who married a white man ,
Michael Darade. The actlcti la brought
against the United States.
la tbo complaints that have been filed an
account Is given of the various treaties that
liove been entered Into with the Indians of
the Omaha rcaorxitlon with tbo United States.
The treaty which particularly comes Into the
case was made in 18C5. Dy this the land In
the reservation west of the right of way of
the Sioux City & Nebraska Vallrcad was ceded
to the United States and the land to ttie
coet was disposed of as follows for tbo pur
pose of establishing settled habits atucng the
Indiana of Ibo tribe : One-quarter of a section
> waa to be given to each head of a family ,
one-eighth to each orphan above 18 years of
je and one-sixteenth to every orphan under
that age. This land noa to be held In tnut
by tbo United States for twenty-five years
and thai a patent right of the land , free of
encumbrance , was to bo given the holder.
The land not divided up In this fashion was
to bo held In trust by the government for
the eauje length of time for the benefit of
the whole tribe- .
The three plaintiffs In the suits Instituted ;
eet out that they have lived among the In
dians and on the reservation all their lives
and that under the terms of the treaty ,
being deads of families , they each took up
a quarter section of land and made extciuhe
Improvements. They have now applied for "
title to ( tie land and the secretary of the
Interior rofusea to grant It on the grounds
that they are not full-blooJed Indians and
not members of the tribe. The canon arc
brought to compel the government to Issue
a patent right to the land.
The personal damage suit of Josephine
Smith against the Kansas City , St. Joe &
Council HI tiffs railroad has been transferred
from the district to the federal court. The
amount sued for Is $70,000. . The plaintiff al-
,
'
are the first considera
tions when buying
Liquors for Family Use.
OLD CROW AND
HERMITAGE
WHISKIES
are Bottled In Bond under the Im
mediate Supervision of the U. S.
Government.
NOTE. The Internal Henna * Btnmfrjover
the Cork and Capsule with the name w. A.
GAIlfES fc CO. u the Government Guar
antee that goes with this bottling.
ALL DEALERS SELL IT.
tint 4 > a iuttalnwi permanent Injuries ,
largely of a nrrvou * character , In wreck
Atilch occurreil In the neighborhood of Coun
cil HIufTn on January 18 , 1896.
The motion to remand thp cine of the
State against the Omaha National from the
federal to the dlitrlct court wan argued yes
terday afternoon boforr Judge Munger. The
case wan sent to the federal court on the
grutinJs that the Issue * Involved an Inter
pretation of the national bank law. Attor
ney General Smyth contended that this was
not the case , Inasmuch as Prcsllcnt Mlllard
was not cl.orged with doing an Illegal act
ax representative of the bank but as an In *
dividual. Judge Munger rencm-J his de
cision.
MUSIC AT"SIVIMTIIICK'S CIIUIICII.
I'njoj iTlilc- Knsfpr Cnnrert Ol > on
TIllTr t.nut MKht.
One of the moat enjoyable Easter entei-
talnmcnte wan given Sunday night at
St. Patrick's Catholic church , where a
musical program of exceptional merit wan
rendered by the choir , assisted by a full
chorus of thirty voices , cod the Twenty-
second Infantry Ixind. The church wan
crowded to Hie doom and In eplto of the
absence of tlio brganUt , who lad officiated
At the rchearwlH , the Romewliat dinlcult pro
gram was rtudwed in out ftcceptabty. Mr.
Kmll Kelchart. Iho leader ) f tfoe Twenty-
srcond Infantry band , took the vacant seat
nt the organ and played the accompaniments
In a meaner that was extraordinary under
the circumstances. The Only regretable fea
ture of the performance was the fact that
the Gloria from Weber's most In O , In willed
Mr3. Frank Morlarty was to sing tbo soprano
solo , was ncr-ess-irlly omitted.
This was partially atoned for. however ,
by Mrs. J. A. Cameron's excellent rendition
of the "Inflammatus" from the Stabat Mater
and the "Avo Maria" by Mascagnl. Mrs.
Thomas Hogers sang two solos very ac
ceptably , and Jules Lumbard and Frank Pot
ter each contributed a solo number. The
bind played several numbers , the most cn- *
Joyablo being Schubert's " "
"Serenade , which
was rendered with admirable taste and ex
pression. The performance closed with a
very artistic rendition of Gray'a "Te Deum"
by the full choir and band.
The chorus Included Misses O. Rush , A.
Rush , Allen , MoAullffc , Brcnnan , Casey ,
M. Rush , Oraham , Oerhardt , Mesdamcs Yo-
cum and Kelly , and Messrs. C. Jacobsen , J.
Rush , nrcnnan , McMllllan , Dalley , Bushman ,
McCreary , Oelnhardt , Nellaon , Don Long ,
Outline and Brown.
j itnu. INSTATE i\oir\MiF. : MCETING.
I
I Mcm1 > t > r Hldonmi I'lnnm for Hntertnln-
ln r KxpiiNltlon Visitor * .
Tbo Real Estate exchange considered at
Its meeting yeaterday the question of enter
taining exposition visltoir > , and particularly
visiting real estate men. Much discussion
was given to the matter and It was finally
referred to a commlttco composed of Messrs.
Green , Selby , Hess and George. The Inten
tion Is to establish headquarters either on
the ground or in the city , as the committee
gees fit , and to have advertising for distribu
tion and moke every effort to bo of service
to visitors nnd glvo them a good opinion
of Omaha and Nebraska.
The committee which was appointed some
weeks ago to consult the county commis
sioners and persuade them to plant trees
along the macadamized road reported that
they had laid the matter before the com-
mlslwmers and that it was defeated because
they were of the opinion that shade trees
would keep the roads damp and Injure the
pavement.
Secretary Shrlvor was Instructed to write
to the council and ask It to paes an ordi
nance prohibiting the nailing of signs on
trees. Many trees In the city have been
ruined by this practice , which has been
more common In the north part of the city
than anywhere else.
KI.VG AKSAHlllItHCHIVKS AGAIN.
Miictr Sii/lijeft UIctiiteiL to Honor *
of Kiilirtitliond I.tmt Miflit.
It was a gala occasion at the den of the
Knights of Ak-Sar-tBcn last evening. King
Ak-Sar-Ben IV and a regal coterlo of his
sir knights welcomed ninety subjects to the
court of honor after multifarious tests and
multitudinous1 ordeals had been required of
them. In addition to a largo number of rep
resentative mercantile , professional and rail
way men of this city Hon. Charles J. Dun-
nerman of St. Loula was among the new
born knights and exchanged felicitations over
his warm reception with his companions.
Tbo Beard of Governors has set aside Mon
day evening , April 25 , as South Omaha night
and anticipates a numerous representation
from the Magic City on that occasion.
Trouble for nn AllrKPil Pimp or.
For several months the county has been
providing for the family of Angel Altn. a
Hungarian , residing at 616 South Twelfth j
street , upon representations of poverty and
sickness. T ast Saturday the Emerson &
Hall Commission company , doing business
nt 1212 Jonca street , reported to the police
that one of Alta's sons , John Alta , 'nad
robbed Its store nnd concealed the goods ho
stole at his home.
Sergeant Her went to tha house yesterday
morning with a search warrant and found
the stolen property , which consisted of
canned gods and dried fruits. He also un-
'
eart'ncd .1 certltled check for $475 that Alta
had lilt ! uwuy , which he also took possession
Of. The boy who stole the goods from the
commission company Is not yet under ar
rest , although there Is a warrant out for
him.
Yonnic IlnpkNter Aenlii ArreiitPtl.
Mrs. S. M. Morton of 707 South Slxtecnfn
street filed , an Information In police court
against Albert Ray alias Frank Wilson , a
huckster , charging him with larceny as
bailee. She bought 30 cents worth of vcge.
tables from the vender and gave him Jl In
payment therefore , w'nlch he said ho could
not change. Ho went away to set the
change and failed to return. About three
weeks ago Ray was sentenced to the county
Jail for thirty days for working- the same
kind of a game on another woman , but ap
pealed the case and gave bonds pending Its
llnal disposition.
Sawyer Itcnpiralnteil.
United States Attorney Sawyer , whose
term of office expired on ( Monday , has been
reappolntcd to succeed himself by Judge
Ureuer until his successor la duly appointed
by the president and approved by congress.
This Is .following the usual procedure In
similar cartes. Whenever the successor of friI
United States district attorney la not at
once appointed the Incumbent Is continued
In office by appointment of the supreme Jus
tice of thu United States In nvliose territory
he resides until his successor Is selected
and appointed by the president of the United
States ,
HIMV to Kenvli tin * Dpiotn.
The rivalry between the depots has caused
the street railway conductors considerable
trouble. It seems that both the Burlington
nnd Union U'aclflc had a special way In
which they desired the conductors to an
nounce 'the ' stations. A compromise- has
been effected , and now , when the street rall-
way men approach the stairway leading to
thp Union I'aclllc depot they call , "The llrst
stop Is the Union Paclllc Union depot and
the next stop 19 the Burlington Union
"
depot.
V. M C. A. CliiM llfCC | > ti ll.
The spring reception and closing exer
cises of t'ne educational classes will be held
at the Young Jlen's Christian association
this evening from 8 to 10 o'clock. There
invlll be a program with music by the Ku-
torpean club , Miss Josephine Allen , Miss
Getty. Mr. Long and Mr. Tucker , and an
nddress by President Hughes of Tabor col
lege. TYiere will also be refreshments and
a good ooclal time.
llonril of Ilentnl Scoretnrle * .
The Nebraska State Board of Dental !
Secretaries will hold a special meeting at
the Mlllnrd hotel this morning at 9 o'clock
to examine applicants for dentist certifi
cates. The members of the board who
\\lll conduct t'no examination are : Dr. W.
C. Henry of Nelson , president ; Dr. H. C.
Miller of Orand Island , vice president , and
D. O , F. Lambertson of Lincoln , secretary.
lirnku Mnx I in u in Hate Cnnr.
The Interstate Commerce commission has
Issued In pamphlet form the dcls-lon of the
supreme court In the Nebraska maximum
rate case. It U the Intention of the com
mission to have the report of the case in
lull appear In Its annual volume.
ll.ill.
HonJamln lodKe , No. It , Fraternal Union
of America , cave a masquerade boll las :
night at iPatterson hall. The affair was
well attended and was thoroughly ed
by thu eueata. Many of the its
wer * ttlred la origins ! ocstumcs.
1
MORE POLICEMEN. APPOINTED
Thiriy-N nj Patrolmen AdJoJ to the Present
Force.
MOST OF THE NEW MEN ARE GREEN HANDS
1'erv of tin * Appointee * llntr I'vpr Itud
Any llxpei'leiifc In Hie MiU-
' ter of HulilInK llumii
n llcnt.
An Interested audience crowded the rooma
of the Board of Flro and PoMIco Commission-
era last night In anticipation of some lin-
porttint actlcti affecting the police force. U
was expected that long delayed additions
would be announced and they were awaited
with anxiety by the 100 applicants whoso
names are on file. The dismissal of the twelve
Dollcemcn reinstated several months ago by
order of the district court was also looked
for to make room for naicca better consid
ered In fustonlst circles.
After a secret ewslon of an hour and a
half It was announced that thirty-nine pa
trolmen had been added to the force , the ap
pointments to take effectas soon as bonds
were accepted and a medical examination
satisfactorily passed. The namea were , chosen
from lists selected by each member for soniu
service past or to coma and the spoils were
divided among tbo commissioners to their
mutual satisfaction. The expected dlsmlosal *
were not dealt out , as the board la awaiting
the ofilclal copy of the syllabus from the supreme
premo court. The names of the newly appointed -
pointed patrolmen are as follows :
James Anderson , Henry Bay . . . , Michael . . But-
ler. Charles B. Boyco , William Costello , J.
W. Marsh , James T. Donohue , Daniel K.
Davis , C. F. Erlck.son . , John Gibbons , Thomifi
Hajes , William Holmes , Jcdn D. A. Johnson ,
J. C. Jepperson , Peter Kewlz , Albert Kcysor ,
James M. Klnncy , DanlcUJ. Lahay ( Phillip
H. McLarman , J. F. McCulIongh , F. Mussel-
man. Fred C. Moore , F. E. McGucken , James
A. Norton. William Neve. T. J. O'Connor ,
Thomas J. Oitnaby , 0. F. Rezmer. James E.
Efaavllck , Thomas Reedy , Morris Sullivan , C.
J. Westerdahl , Fred D. Wolfe , J. J. O'Dono-
van , Thomas Corraack , Frank G. Severance ,
N. A. Pcarscna , Lawrence Fay , Nick Dar-
gazwskl.
. . But few of the newly appointed patrolmen
h'lvo had any experience In police duty rtid
their qualifications arc as yet unknown.
Those who have served previously In the
Omaha police department are Thomas Cor-
mack , \vho was captain of police several
years ago ; Morris Sullivan , captain of police
thirteen years ago ; C. J. Westerdahl. once
city marshal , and Messrs. Ki > > ser , Hajes.
Gibbons. McLarnan , Norton and Kewlzvhn
arc ex-patrolmen. William Costello was once
a guard In the state penitentiary and Charles
Boyco h-Js acted as special officer.
The pollco force as previously constltti'cd
i consisted of elghty-flvo men , Inclusive of pa
trolmen , officers , matrons and drivers. This
number also Includes nine men still acting
under Instructions from the district court
whoso dismissal with \ho present appoint
ments would glvo to the police department a
total membership of 115. It Is expected that
the assignments to beats will be made for
the new men at onco.
The mittcr of the contested application of
the Schlltz Brewing company , 3802 Sher.m n
avmue , carried over from the list meeting ,
was acted-upon and granted. Notice of ap
peal was given by the contestants. Charles
A. Askwlth was Indorsed as a special police
i man at the exposition grounds ; Martin Kelly
I0 the Douglas street music hall , and Charloa
| Singer \ at large. John Sterling and John
Erlckson , who had completed a sixty-day
I period of probation on the flro department ,
were regularly appointed. The bond of
Mlcbnel Whelan , as pollco ergoint , was ap
proved.
A ehango was made In the rules whereby
the salary of patrolmen was definitely fixed
at $ G5 a month , with a possible Increase to
$ TO after one year's service. Mounted po
licemen will rccclvo $20 a month additional
for the use of their horses. A communlea-
tlon was read from F. W. Fitch of the As
sociated Cyclists , asking that a number of
patrolmen be detailed for bicycle service.
The request was referred to a commlttco.
The following leaves of absence were
granted : Detective Sullivan. Patrolman luda
and Fireman Nelson , ten days , and Fireman
Mattson , seven days.
Another meeting of tbo board will bo held
on Thursday night.
OIMECT TO CLOSING THE : STREET.
Tenth Street Property Owner * Onnoiic
11 I'lnm of S til lit' * .
About a month ago a measure was pre
sented In the city council by Councilman
Stuht of the First ward relating to ( lie clos
Ing of tne portion of Tenth street which runs
under the Tenth street vUdnct. The matter
was presented to the city council at the
general committee meeting yesterday after
noon. H was In the form of an ordinance ,
and as no objection was suggested it was
decided that the ordinance should pass. The
city granted a similar fa r last year to
the Burlington by vacating that portico
of Tenth street Immediately south of
the Union Pacific property. William
McHugh , John A. Crelghton , Mrs. Kennedy
and others woo own business property under
ihe viaduct will protest and are doing
everything In their power to prevent such an
action.
When asked concerning the matter William
McHugh said he supposed the railroads
wanted to fence In all tbo property they
could , but that he was very anxious to pre
vent such a move , as it would render the
store rooma he owns under the viaduct prac
tically worthless. Ho thinks It was bad
cnougb to build the bridge over these prop
erties , let alone shutting off all approach ,
Slnco the viaduct was built few of these
buildings have had tenants and the owners
have been thinking that when the new Union
Pacific depot Is built on Lcavcnworth street
U will make more traffic under the viaduct
and enable them to rent their properties.
In summer a great many people pass under
the viaduct to take advantage of the nhade
and numerous protests are being made
I against the proposed closing of the street.
tCLASH t
CLASH OVEIl PLimillNG I.NSI'RCTOH.
Mayor nn < I Council Cnn't Get Together
on Appointment of a Sinn.
There Is no probability that the office of
plumbing Inspector , which has boon vacint
elnce the resignation of Matt Claussen tno
weeks ago , will bo filled. There Is no lack
of candidates for the position , but the diffi
culty Is that tlio mayor wants one man and
the membera of the city council another , and
neither Is disposed to yield. Tlio mayoc'e
choice Is understood to bo William G. Hfg-
Kirs , while a majority of the couucllmea
support J. M. Rose. The namp of Higglns
was to have been sent In a week ago , but
action was delayed on account of the opposi
tion of the council. His name was voted
on Informally at thp general com
mittee meeting last Monday afternoon and
all the seven members present voted
against his confirmation. The seven balloU
were taken by the mayor as an Indication of
the sentiment of the council and no appoint
ment was made at that time. Now Hlgglns'
friends assert that they have enough votes
to confirm him and It Is understood that he
will be appointed by Mayor Mo.ire-3 tonight.
That the appointment will bo turned down
ls morally certain. There are at least five
members who will not vote to confirm. In
that case it Is not unlikely that a third man
will be appointed next time and then the
same fight Is likely to occur agal-j. The
councllmen assert that they have given the
administration their support In the matter
of appointments regardless of their own In
terests aod that It Is time that their pref
erences were recognized In this case.
Wortunry SfiitUtle * .
The following births and deaths were reported -
ported at the health office during the twenty-
four hours ending at noon yesterday :
Births Michael Holton , 180S Burt street ,
girl James Callahan 602 North
; , Thirty-sec
end , fjlrl : A. Paulson , 2623 Cumlng. boy ;
Joan arady , 2526 Burdette. boy ; Charles Z
ton , S20 South Twenty-third , boy : J. H. Mc-
Shane , 329 North Nineteenth , boy.
Deaths Ruth M. Lang , 4 months , East
Omaha , Inflammation of lung * . Forest Lawn :
Rcbecc * Slcbodliky , 45 , 1522 Wirt , apoplexy ,
Jewish cemetery ; Mtrtta B. Itarnlch , 19. M
North Tweniy-Mventnt'-toMuniptlon , Holy
Sopulchor. > i w
SAI.M OK siwjiit'i Ai , sncuiimr.s.
Contractor * She vn n Inclination in
Take * { , Itoudn.
In view of the pending war rumors , there
( A some anxiety aniortj ? my officials In regard
to the leccptlon that ! tto ( new paving bonds
will meet a { the lianjlfl = p.f purchasers. With
, a govcrnmenl bond Issue In sight , Inxcitora
arc not Inclined to InveAP In municipal securi
ties and unless thow" V clouds pass away
before April 19 , whorl the bids are opened , It
Isb not likely that thS ukual competition will
bo ( In evidence. It Ui .understood , don ever ,
that the paving contractors appreciate ttio
situation and will bid. on the bonds. It la
said that It will b decidedly cheaper for
them to Invest In the oonds than to borrow
| money at the bcnkn to pay their men while
they are waiting for the pay for their work.
IfP they buy the bonds the city will be In a
position < to pay them at once for the paving
and Instead of having to borrow money they
will tiave an Investment that will pay 4 and
< H per cent until such time as the bond
market Improves , 7/heri they will probably be
able to dispose of the bonds without difficulty.
atTi In ccnntctlon wth | the bond sale City
Treasurer Edwards vigorously resents the
criticisms of members of the city council for
the delay In advertising the bonds. He says
that the advertisement was drawn up before
the bond ordinance was signed by the mayor
but that on the suggestion of the chairman of
the finance committee ( ic held the documents
' until after the bids on the refunding bonds
were received.
Smnltpov Cotnlnv Till * \Vny.
Health Commissioner Spaldlng received ai
notification from the health officials at
New York yesterday that a ease of
smallpox ! arrived In that harbor April 7. On
the , following day a man named Kelterman
and , his sen , who were , passengers on the
same ship , left for Omaha. The local author.
Itles will look out for the Immigrants when
they arrive and If they have any symptoms
of the disease they will not bo allowed to
stop. v
A little boy ashed for a bottle of "get up
In the morning as fast as you can , " the
drucclst recognized a household name for
"DeWltt's Little Early Rl rs , " and gave'
him a bottle of those famous little pills for
constipation , sick headache , liver and stomach
ach troubles.
.
! ' OoniiiK'i-i-lnl Olnli J
' The resular mont'nly meeting of the Com-
merclnl club will be held tonight. .
Charles F. Weller will be toastmnstcr nnd
the following program of speec'nes will fol
low the dinner : "The Commercial Club. "
C. S Hayward ; "Omaha nnd the Exposi
tion , " Major T. S. Clarkson ; "Omaha us
Seen by a Newcomer , " Hon. J. W. Hurst ;
"Heyond the Mississippi , " Hon. C. M. Harl
of Council Bluffs ; "Oma'na In ISsGO , " Cap
tain II. E. Palmer ; "Our Presperlty , " Hon.
C5. M .Lambertson of Lincoln.
Small Fire.
A capsized lamp started n. brisk flre nt 7
o'clock last night In n Hat nt 2S01 Dodge
street , occupied by Mrs. James r. Young.
The furnishings of her apartments were
damaged to the amount of $73 before the
blnzn was extinguished. The lo s w.is p.xr-
tlilly covered by Insurance. Some damage
was done nlso by w.itvr. which reached the
grocery store underneath. The loss on the
building , the property of William J.
Welslmns , amounted to'$73 ' and was covered
by Insurance. j au
1'lnee on the
There I * some competition for the va
cancy which will occur In the Board of
Park Commlbslonerfc onithe 1st day of May.
It Is not such a llvelyj scramble as thjre
was before the salary was taken nnay. Guy
C. Barton has , It Isi understood , the support
of one judge and A. P , . Tukey , whose term
expires , Is the choice of two. The other
four judges have noYa9" yet committed them
selves. ' 'J
Complaint Airnlnut IlrenilnKe.
R. S. ' Neoley fllcdiaii Information In police
court a'galnst Charles iBrondage , charging
him with larceny -from the person In the
sum of $53. Judcf Gordon llxed the pris
oner's bond at $ lW0-arul set t'ne preliminary
rearing for Tuesday nornlng ) at 10 o'clock.
Brcndagc was un.ible to furnish ball and
was remanded to Jail.
The farmei. the mechanic and the bicycle
rider are liable to , unexpected cuts and
bruises. DoWltt's Witch Hazel Salve Is the
best thing to keep on hand. It heals quickly
and la a well known cure for piles.
.M3\V WAH VESSELS AT HALIFAX.
Hnve n Stormy Trip niul the New
OrlennM In Slightly DanuiKeil.
HALIFAX , N. S. , April 11. The American
man-of-war San Francisco and the New Or
leans , formerly the Amazonas , arrived here
at 11 o'clock short of coal. Both vessels left
London on March 27 and had a stormy passage ' -
sago during thu last eight days.
On Minday , April 4 , heavy winds and rain
were met with. The ships were together
up to that dite , tout on Tuesday became sep
arated and did not como together until twen
ty-four hears had elapsed.
The San Francisco came through all right ,
but. the New Orleans experienced great dif
ficulty , one cf its starboard boats being
smashed In and the steering gear was for
a time deranged. As It came up this mom1-
Ing evidence of Its rough passage was easily
discernible. Preparat'ona ' \ \ ro quickly made
to lead coal and the shire will be ready to
sail by tomorrow.
Great excitement , pTe\allcd In the city
when the signal etarlon announced the approach
preach of the ships. The San Francisco ex
changed slgnala with , the forts here and the
officers reported to the authorities shortly
after entering port. All hands on both ships
are In good health.
Hoblieil tlio OSnive.
A startling Incident , of which Mr. John Oli
ver of Philadelphia was the subject , Is nar
rated by him as follows : "I was In a most
dreadful condition. My skin nas almost yel
low , eyes sunken , tongue coated , pain con '
tinually In back and sides , no appetite
gradually growing weaker day by day. Three
physicians had given me up. Fortunately , a
friend advised trying 'Electric Bitters , ' and
to my great Joy and surprise tbe first bottle
made a decided Improvement. I continued
their use for three weeks and am now a well
man. I know they saved my life , and robbed
the grave of another victim. " No one should
fall to try them. Only BO conta per bottle at
Kuhn & Co.'a drug store.
Eleetrlc Tiinilein Arrive * ) .
NEW YORK , April 11. Henri and Victor
Jail.HI , thci champion cycle tern , with their
electric tandem , arrived last night on the
French steamer La Gascogno. They have
been booked to appear on various bicycle
tracks by t'no International Cycle Trade
association. The eleclrlc tandern has a
speed of fifty mlles'a'rt"tliour ' , and hns been
used successfully In 'pacing the Icadlns
French riders Inat y/HF. The Jallau broth
ers will go to Chicago t'nls week to meet
their father , vho , lives , there.
llourrelle , Cavilly npd Boulay , three .
speedy Parisian riders , together with the ( I
secretary of t'ne Natloml Cycledromo of
this city , are now onltheir way to this coun '
try on the steamerlStr Paul , which In duo
hero next Friday , d H j
CITY WINS VIADUCT CASE
Unitud States Snprome Court Bottles the
Controiersy.
SUSTAINS ACTION OF THE LOWER COURTS
Confirm * thp lllRltt of the City or
Oiniilin. to Compel llnllronit *
to llnlltl llrhlicex Oter
Their TrnekN.
WASHINGTON , April 11. ( Special Tele
gram. ) The supreme court of the Unitud
States today. In an opinion ha-.idcd down by
Justice Shlras , decided the so-called viaduct
case In fat or of the city of Omaha. The de
cision affirmed the decision of the Nebraska
supreme court , which gives the clt } the
potter to compel the Chicago , Burlington &
Qulncy Railroad company to construct a
viaduct over Its tracks on South Sixteenth
street.
. The Information that the supreme court
had sustained the decision of thu district
court ; cf Douglas county , and the supiemo
court of Ncbtuska In the famous viaduct
rasa was received with unconcealed satlti.ic-
tlon by the city officials. City Attorney
Connell received u brief telegram yesterday
afternoon Informing him of the decision and
the news was at once communicated to
Mayor Moores and the members of the coun
cil , who neie hi the committee room. U
i was accepted as a f.tial settlement of ono
of the most Important questions that has
over been adjudicated In connection with
city affairs.
AIMED AT THR BURLINGTON.
The wse which Is now settled In favor of
the city has been pending In the courts for
more than three years. It was begun Janu
ary 19 , 1S95 , when the city of Omaha began
i mandamus proceedings In the district ciiint
to compel the Burlington railroad to icpalr
the south one-third of the eleventh street
viaduct. City Attorney Connell contended
that under the etrms of the charter the c'ly
.
' had a clear right to compel the railroads to
construct viaducts over their trucks wherever
It was necessnry for the public pafety and
to keep them In repair. The railroads re
sisted this contention , and the case at Issue
was brought to settle the question. The
case was heard In the district court In April ,
I i 1S95 , and eJcli side made an exhaustive showIng -
, j Ing of authorities. The decision was In fa-
j vor of the city and the writ of mundamus
was ordcreJ to Issue. A motion by the
attorneys for the railroads for a new tilal
was overruled , and the care was then tikrn
to the supreme court of Nebraska by stipula
tion between the parties. A hearing was
bad in the supreme court March 19 , ISOfi , and
the decision of the loner court was fully
sustained In a very able opinion written by
Judge Post. The railroads then took an appeal
to the United States supreme court , where
the motion of City Attorney Connell to dls-
mlrs the appeal was overruled. The caie
eimo up on Its merits lost February and since
I then the decision has been anticipated with
much i Interest.
City Attorney Connell said yesterday that
this nas by far the most Important legal
victory that the city had ever non. Tbo
opinion of Judge Post was very swooping
In Its nature , and the fact that It had been
sustained by the supreme court mal.e'i all
further opposition on the part of the railroads
useless. The rights of the city are fully es
tablished and It Is to be expected that the
railroads will accept the result as final.
DISPOSES OF VIADUCT QUESTION.
Mayor Moores aaJ the members of the city
council were as much pleased as the city
attorney with the victory. It Is their ex
pectation that It satisfactorily disposes of
the viaduct question for all time a.id that
hereafter there will bo no opposition on the
part of the railroads to a reasonable use of
Its authority by the city. It Is s'lggestod
that It will not bo advisable to abuse the
authority which the city acquires by t'ie de
cision , and It Is doubtful whether any Imme
diate action will be taken to compel iho rail
roads to build new viaducts. It Is unier-tood
that a now viaduct will be ordered nn Six
teenth street sometime this year , asd the
advisability of having a viaduct built a
Twenty-fourth street will clso bo taken
under consideration.
The most Immedlrte effect of the declson
will bo to reimburse the general fund for the
money expended to repair the Eleventh ntreet
viaduct. This amounts to nearly $13,000 ,
ar.d will add that much to the immediate
resources of the city.
SOUTH OMAHA NEWS.
I There was a big crowd In the council cham-
I ber last night when Mayor Ensor called the
old council together for the last time. Al
I members were In their seats and the routine
I business was hurried through with. Schultz
related the necessity for a fire alarm box
at the Armour plant , Twenty-eighth ad Q
streets , and Chief Smith of the fire d9part-
ment was directed to purchase an alarm bo.i
and place it in service. A start was made
toward settling the difficulty In regard to
the gradlng'of Twenty-sixth street , from Ate
to F street , by the Introduction of an ordi
nance repealing portions of the old ordinance
and establishing a new grade between E and
F streets. An ordinance providing for the
grading of Eighteenth , from Missouri avenue
| to J street , was read and referred to the
judiciary committee.
Notlco was given by John Flynn , F. A
Creasy and W. 13. Wyman of the assign ,
ment of the gas franchise granted to them to
the Citizens' Gas company of South Omaha.
Mr. Flynn Is president , Mr. Creasy , vice preal
dent , and Mr. Wyman , eecretary , of thla
now company. The assignment was placed
on fllo.
Upon the motion of Schultz the mayor ap
pointed a committee , composed of Schultz ,
Mort , Voneant and Kelly , to canvass the votes
cast at the recent election. A recess was
taken , whllo the vote was being canvassed.
At the conclusion of the canvata Schultz
read the report of the committee and the
clerk was Instructed to Issue certificates t
the fortunatetj ones. An attempt was mad
to pay a number of old bills and the
arles of the retiring officials , but the appro
prlaUon sheet was voted down. The out
going councllmen then escorted the newly
elected ones to a petition In front of th
muyor'u desk and the oath was administered
Clerk Carpenter , Treasurer iBroadwell an
Pollco Judge Babcock we're als o sworn In
President Kelly then read the oath to Mayo
Enaor and the ceremony was over. The ol
council then adjourned sine dlo and the nev
councllmen took their seats. A meeting wll
bo held this evening for the purpose of or
ganlzlng.
Police Officers John Riches , Dave Mulcahy ,
Frank Kretxi and Al Gary handed their Teslg
nations to iMayor Bnaor yesterday ufternoo
and the following appointments were mad
to fill the vacancies : Stephen Allle. P. Mor
rlson , James 'McKan and Mike Sexton. Th
place of Fireman John Brlggs. who rcBlgne/
the day after election , was filled by the ap
Armistice or no nnnlstlco Drcx L.
Shooinan hns his f Sot ; on Spain nml he's
KohiK to keep it tjipic ; antl lie's Kolns
to stamp the life out of them Just like ho
pounds prices ilowiibn shoes No other
shoes store on earth twi oft'er the value
for ? l. J.--l.no and ? 'J.OO that we do in
our child's misses' and young ladles'
spring heel tlgor kid shoes These will
htaiul more hard wear more abuse than
any other shoe madi * at the price no
other tanace of leather can equal this
for wearing qualities Made In now toes
child's sixes ? 1.U5 misses' sizes $1.50
young ladles' sizes ? 'J.OO all In spring
heels.
Drexel Shoe Co. ,
Ouinhn'a Up-to-date Shoe llonae.
1419 FARNAM STREET
Abbott Lori tig's
Anti-Germ Inhaler
Cures Grip , Catarrh , and Cold in the Head-
Cures Incipient Consumption and Prevents
Pneumonia.
I Used with Abbott '
Loring's Germ-KiJIer for In
halation. It is a convenient and n.ever failing
cure for all forms of Throat , Chest and Lung
Diseases.
Read the oroofs.
From the Pn\ton Hurl. Wlllhtn II.
Furlong , a well known commercial tr.uclcr.
writes :
OMAHA , Neb , Mitch
Messrs. l.orlnK .t Co. , Oeiu-ral AKIMII * for
Abbott I > ijRi's Germ-KlIKr Utincillps. New
York , lloston and ClilcaKJ Ucntlctmii : I
hn\o been u.slnj ; l.oiliiRs Antl-lioun In-
hnlor nnd Germ-Killer icmcdy for InhiUu-
tlon for catarrh nml bronchitis nnd have
been greatly tmrpilscil at thu results , be
cause I had tried so many Inhalers anil
ri'mi'tlle * ! < o ca led that did mo no Rood.
[ wus In suuh bad slniH' [ ulien 1 began to
uo l.orlnj's tnlmler rumeily that I ruUfflH'il
nil nUht Ion * and cuuUI not sleep. In ten
minutes after I bewail Inhaling the Ut > rni-
Klller Itcmedy for Inhalation , I reused
oiiKlilnp and ni > ' throitt nnd nusal passages
seemed soothed almost inlltiuuloiHy. My
mprcnemciit vuis constant and rapid , nnd
low , uftor four neoks. I consider mjself
cured. Sincerely yours.
W1LUAM H. KlJI
ConiiilcU- Home Trontinon t.
This treatment , conslstliiK of Lorlng's
Germ-Killer for Inlm'atlon nnd Abbott
Lorlng's Anti-Germ Vaporlzlne inlmlcr Jl.tX ) .
For .some chronic and Hp.ismodlc ills-
canes , uhloh require special tieatmcnt ape-
clnl medicine * have been prepared by our
physicians and chemists. No. 1 Special
Medicine For Tonsllltts , I.iryiifiltls , Catarrhal -
tarrhal Deafness. Hny Kc\cr nnd Dlpl-
thorla. Price , 50 centH. No. 2 Special Medi
cine For Consumption and Uronchltls.
Price , EO cents. No. .1 Special Medicine For
Asthma , Whooiihipr Coush and Croup. 1'ilce ,
50 cents. Antiseptic Gauze For use In thn
Inlmler , ' 4-yard. 40 cents ; Vi-yard. 75 rents ;
1 jnrd , $1.60. Anti-Germ linlin An nntNcp.
ttu pi'epai.Ulon for external application ,
whlcM takes the soreness out of tbo lull- ) * ,
hastens the euro of catanh , nsslsts In the
cure of :0l : throat troubles ami cuics
Cracked I.lps , Onappeil Hands nnd Kczema.
Price , 25cents. .
Lorliiur'x firi-in-Klllcr Tnlili-tn.
The wonderful Germ-Killer element dis
covered by Abbott Lorlns Is contained In
each of tilt1 Abbott I/oilnn Germ-Kilter Tub-
lets. It constitutes the bas > ls of the medl-
clnp. Its wonderful nnd marvelous active
principle hns never bufore been offered to
the public In nny remedy. It forms u most
Important constituent part of tlip remedy ,
and Is united with other scientific , lip-to-
dnto curative medicines specially re
quired for and adapted to oauh separate
Ulbuaso or trouble In order to obtain
polntment of Jimcs Murphy , the chairman of
the democratic city central committee.
The- vote on mayor was ais follows :
P.irPark -
Ward. Rnsor. rott. huist. Total.
First WW : ! .V > 471 1.3.JI
Second 421 120 171 * 1,0-Ti
Third 201 UST ill HID
Fourth a. 132 rs 20 :
Total T.112 1.19S 7S1 3.2J1
Only minor ctanccscro nude In the
votes on the other candidates , the result as
heretofore announced .ielng unchanged.
Tliri'r llrtlrluir ( 'oiiuolInicii.
Messrs. Schultz , Vnnsnnt and Caliluell arc
private citizens today , their connection with
the city Kovernmcnt havliiK ceased at mid
night. Mr. Schultz Is ono. of the rcpreasnta-
tlvo republicans of the Third ward and ho
has always taken a great deal of Interest
in politics. He has served four years In the-
city council and lca\is a good record behind
him. Four years ago heae the republican
candidate for mayor , but wag beaten by 12d
Johnston by 208 votes. '
Mr. Vansant la one of tha most prominent
republicans In the First \\ard and ho lias
many friends who regret to see him lay aside
the cares of official life. Ilia connection ulth
the city government has only covered a
brie ! period of tuo years , but he made an
enviable record for honesty and fair dealing
while ho represented the Firs * ward.
P. C. Caldwell , another retiring member of
the council , has many friends who regret that
ho was net re-olecied. Mr. Caldnell Is a
prominent democrat and Is also one of the
foremost leaders In the ranks of labor. From
the start to the finish of his career In the
council Mr. CaMurll always championed the
causa of the laboring man.
I.ooklnir After ti Touvrli IMni-c.
The old -Arcade hotel building on II street
just west of itho flro hall Is reported to be
the rendezvous of a gang of touglw who
drink bear and carry on In n shameful man
ner. At the last meeting of the council
Schultz suggested that the city engineer ex
amine the building with a view to condemn-
Ins It. Those living In the vicinity assert
that beer In'kegs la 'taken to the place and
tough characters drink and caiouse much to
the annoyance of the residents. The atten
tion of the pollco will also be called to the
condition of affairs.
Will Move luIliillillnar. .
An old building still stands In the street
at Sixteenth and MIsaDurl avenue , where It
was left by house movers a month ago.
CriU'h ' Brothers moved the structure down
hero from Omaha , but were compelled to
stop work until they obtained a house mov
er's license. The license has now been Issued
and residents In that locality hope to see
the building moved within a few days.
1'llo.n for 'Armour' * Viaduct.
Two cars of plica for the big Armour via
duct arrived yesterday and moo ao exacted
today. The pile driver ban been placed In
position nnd It Is expected that work will I
commence today. This big- bridge will cost '
quirk control of thp symptoms and oandl * .
lions Incident to such ailment. It has hern *
iibumlantly proven that any one of thn
Germ-Killer remedies quickly gulns control
over the system , nnd experience shows that'
each remedy uffeets n comp etc curt1 of tha
illsoasp for tlin treatment ofhloS It 14
ppeelilly prepared. The gu\prnliiK princlt
ph.1 of the Germ-Killer remedies it hi per-
foot harmony with the prlnrlples of Unit
Ktiatrst of nil physicians. Nature , In curIng -
Ing ilNe.isc. Send for book gl\lng history
of Abbott I.otliiK'.s otruiiKC dlsooxcry , Itsv
Intm'xtlns mid myMli-rlmis origin and lt
uonileiful curative ponrr. It In u pioduot
nf the Iloentfivn or X-iay , and you should. ,
kiuiu all about It. Tlio book Is sent fit < < .
U'lioa catarrh Is deep-seated in the sttom *
noli or bowels uhcro 020111 ; dors not | N < nn >
trate , I.oiltiK'.s Gt > rm-.KIIK'i- l > y pop li Tab. . .
lots should be uspil. They quli-kly control
the dlgo.stlNu functions and Immtillato bone-
IIH fo low. No other U > spopsU mcdlclnai
t-nn curi ! dyspepsia
I.orlnK'.s norm-Killer Dyspepsia T.ililvtot
CO cents a box.
Ioi Ing's Get iii-Klller Uhciur.nthm Tablet * . '
50 cent.s n bay.
lAirlng'a Germ-Killer He-art Tablets , $2W >
a box.
I < orlng's Germ-Killer Laxative Tab'ets. "J >
cents a box
Don't xklp this. It Is for your good.
Uvi-ry enterprising ilriiKBlst canles nil our *
other lemedles In stock. Insist on scvlnrr
Lorlng'.s Inhaler. If you see It you will
not want nny other.
Our book finnlshod with thp Inhaler will"
sl\e you full Infoiinatloii. It Is the Germ-
Killer medicine Hint t-uics.
Abbott I.orlng's LTi-i-ent book on "Diseases
of the l\1roit , I.ungs. Chest and Iloud nml
How to Cure Them. " sent frer. with full
Information about ttr.Uiiiont , all postpaid.
Wilto us fully about jour i-a o and we will
mlvlso you FilmOF CIIAUGK. ThU
troatmrnt Is cheap. You can pet It by mill
postpaid. You can take It nt home. Older
now mid prevent delay.
Mention deiartinu.U number b loen your
envelope when jou write. Use only tlui
nearest addiess.
Loring & Go.Depf. 138
Xre & " ! \Vnlunh . \ Mrcito. | ) ! .
No 43V 22 St. . NV - Yoili.
Xo. II Hamilton PIice , IloBton , Mns.
$22,000 and thirty days will bo consumed la.
Its construction.
Crnillim- Tvi MIKlf111 .Stri-el.
Thu grading on Tnetity-flfth will be com
pleted In a day or two. This street Is now
qulto a popular drive and many prefer It to
Twenty-fourth street. The grading has coat
In thu neighborhood of $3,000 or about $33 ;
per lot.
City nosxlp ,
S. K. Hatficld of Puorla Is at the Mlllard.
George A. Swales of Buffalo Is at the Mll
lard.
lard.Tim
Tim new city council mctts tonight ta
organlri ? .
Theodore Ia\ls Bcal of Denver , Colo. , Is at
the Mlllard.
Uan Egan U prorating to erect a ? 1,509
reside.-cc.
C. C. Clirton has gone to Octavla on *
bui'lneai trip.
W. 0. Kane of St. Louis Is nt the Mlllard
for a few dajs.
Henry Mien has gone to Tecttmsth to attend
to business rrattera. '
Ed Christian of Scamlla , Kan. , wca a vij-
Itct1 here yesterday.
In obaut three weeks a new crop .f bride.
will bo en the irarUct.
I'If ' tact t en cars of feeders welt chlpnod
to the cuntry last \Mfck.
A nicetlng cf GoaJ Temp'ara will bs belli
this cvc-ilns at Workmen rail.
Fifty head of shethorn catt'c- will us
sold at auction t3daat the r.tock > au ! ] .
J. R. Ennon of Colcmlo Springs , Colo. ,
Is hero iDo'ilnt ; after hU property Inter-.it. ? .
Mr. Charles J. Dumicriran of St. Louis ,
prominent business man , Is at the Mlllard.
Mrs. HI.am Hall nnd Mrs. D. L. Holmea
will entertain the AVIiIst club Wednesday
evening
J. W. Tomlltn'n , freight commissioner of
the Chlwso Live .ok exchange , was ,
visitor In the city yestrrt'ay.
Manager Kcn > on of thu stock jarda loft
for Rapid City , S. D. , > i\iterday afterr.ooa
to attend a meeting of stockmen.
Last night the dilll crew of Nabraskv.
lodge. No. 227 , Ancient Order of United
Workmen , gave a grand bill at Workmen
liall.
liall.Tho
The Sons .of Vo'.erane meet tonight to talk
over the prospects of * ar. Nearly all the
members have declared their wllllngcois to
enlist.
All the pivcment on the west aldo ot
Twenty-fourth street betwen I and J streets.
Is being torn up by the asphalt company'a
repair gang.
William Brodrlck and J. Geness ha\e been
rcIofKcd from Jail , where they were held on
suspicion cf breaking Into a Fourtn ward
salocn. The rest of 'the gang will be ? tried
today.
The flro dcpartmonl was called to St.
Agnes' church jesterday alternoon by a
alight blaze on the root. There was no loss ,
the fire being extinguished before the apparatus -
paratus arrived.
If you nre not a jiulne of pianos you
may think It necessary to bring an expert -
port with you Not . o bure yet we nvc
willing that you shouhl have nil thu
critics you want when you make your
selection We've nothing to hltlu In such
pianos as the Knnbe Krannch & llauh
Klmball Ilallet & Davis Whitney ami
Ilelnt/ all t'elebratiul anil reliable In
struments Thene. we are offering this
week on terms of ! > lir > down anil m per
month Some line medium grade pl.inos
for $15 cash and ? S per month We have
the quality and with this goes prices ro i <
that have never been touched by would-
be music stores. ,
A. HOSPE ,
MUSIC 00(1 ( AH 1513 Douglas
In amateur photography you must
have the tools the trays the chemicals ,
etc stmo : as the professional only of
course not on as nn elaborate a scale
We have everything that thu amateur
can over need dark lanterns these are
necessary for your dark room r > 0 cents
starts the price It goe.s on up to the
qulto nobby affairs trays for the baths
graduates chemicals printing frames
hi fact all can be found hure all at a
very icaMinablo price if you are going
to llnlbh your own pictures we can give
you tjomu valuable pointers.
TheAloe&PenfoldCo
Anmtcnr I'lioto Snii
140S I'arnam Street.
OpposIU Paxton Hotel.