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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 13, 1898)
8 THE OMAItA PATLY BEE ; TUESDAY , SEPTE mER 13 , 3808.
NEWS OF INTEREST FROM IOWA.
I COUNCIL BLUFFS-
Bmoko J'J A IT EC clear.
Finest work , Illuff City Laundry.
Btockcrt Carpet Co. . 205-207 Ilwy.
Moore's food kills worms and fattens.
Miss Amanda Locke left yesterday evening
for Great Falls , Mont.
Clalr Turnbull left last evening for Chicago
cage on a business trip.
C. I ) . Jacqucmm & Co. , jewelers and op *
tlclans , 27 South Main street.
Miss Edith Foster of Oakland avenue re
turns today to Drake university , Des Molnes.
Attorney I. N. Fllckluger left last even
ing for Manning , la. , on a short business
Mr. nnd Mrs. Charles Ducklow of Wilton ,
Vis. , arrived yesterday ou n visit to the
Ilcrnard Carter , the 11-year-old son of Mr.
nnd Mis. I' . J. Carter of 1107 Pleasant street ,
tiled last evening of typhoid fever.
\ ' J C. Blxby , beating and sanitary engineer.
Mans and specifications for heating , plumb
ing and lighting. 202 Main , Council Bluffs.
Don't you think it must be n pretty good
laundry that can please so many hundreds
of customers ? Well that's the "Eagle. "
Some tlmo Sunday night nn enterprising
thief Invaded the Baldwin and Sapp office
buildings and carried off every electric light
globe from the halls.
Mr. nnd Mrs. M. H. Thompson. Miss Flor
ence Thompson at.il Mrs. C. Leo form a
family party from Chicago who arrived yes
terday to take in the exposition.
Mix. A , Mitchell and sons Robert and
Hey returned yesterday from Carman , 111. ,
where they haVe been visiting friends and
relatives for the last three weeks.
Lily camp , No. 1 , Royal Neighbors of
America , will meet this evening for the
purpose of making arrangements to take
1'art in Iloyul Neighbor day at the exposi
All nicmbcra of Council camp , No. II ,
\Voodmen of the World , are requested to
meet at their hall at 2:30 : o'clock this aft
ernoon to attend the funeral of Sovereign
K. S. Allen. Jumes G. Bradley , C. C.
ItlufU company , No. 27 , Uniform Hank ,
Knights of I'ythlas , will meet tonight In
3' . O. S. of A. hall. Every member Is urged
to be present as there Is business of great
importance to come before the meeting.
Thf > funeral of the late W. A. Armstrong
tvas held yesterday afternoon from the family
rcsldinco , 1323 Aveiiiio C. The services were
conducted by Uov. (1. P. Fry of the Fifth
AvenuM Methodist church and Interment was
In Walnut Hill cemetery.
Marian 1'atterbon , a patient for the last
three months nt St. Bernard's hospital , died
Sunday of dropsy , aged 34 years. The re
mains were removed to Lunkley'8 under
taking rooms , where they will be held pend
ing arrangements for the funeral.
At a meeting of the Btato council of the
Catholic Knights of America held Sunday
afternoon In this city the following onic3rs
voro elected for the ensuing year : P. J.
J'3mlc. Council Bluffs , president ; John N.
Dolan , Davenport vice president ; William
Ilclnbohl , Kcokuk , secretary L. H. Kurtz ,
Des Mollies , treasurer : Uev. Henry Cos-
Krove , Davenport , spiritual director ; C. D.
Martin , Davenport , delegate to the supreme
council , which meets in Kansas City next
Frank D. Loilghran , claiming to bo a
printer from Seneca , Kan. , Is In custody
nt the city Jail with the charge of larceny
from a building In the daytime booked
ngulnst him. Loughrnn , who said ho had
been visiting the exposition with his fam
ily , wan detected by Charles Banther of the
city engineer's ofllco In the act of robbing
n showcase In the drug store of George
Davis on Broadway. When searched his
pockets disclosed a varied assortment of
shaving brushes , combs , bottles of perfume
mid other articles.
Rugcno S. Allen of 1118 Fifth avenue died
last evening at the Women's Christian As-
Hoclatlon hospital from stomach and liver
trouble , after a protracted Illness , aged 38
years. The funeral will bo held this after
noon at t o'clock from the Congregational
church , of which Mr. Allen was for a num
ber of years a. prominent member. The
Fervlces will bo conducted by the pastor.
Ilov. J. W. Wilson. Deceased was a well
known abstractor and was prominent In
social and church affairs. Ho was a mem
ber of the Woodmen ot the World and the
camp will attend the funeral In a body.
Ladles desiring valuable information con
cerning their ailments should send or call
for "Tho Vlavl Mepsart. " Vlavl Co. , 320
N. Y. Plumbing company , Tel. 2DO.
I'nlillc Library Affair * .
The regular monthly meeting of the
trustees of the public library was held yes
terday afternoon. The report of Miss Ellz-
nbeth Peterson , the librarian , showed that
the number of visitors to the library during
the month ot August was 6,200 ; the number
of rcglsteied booktakers during the same
period , 7,703 ; number of books taken , G.S1G.
The flnen received during the month
amounted to J8.20. The donations to the
library during August were nine volumes
nnd thlrty-flvo pamphlets from the govern
ment , ono from the Warren county library
nnd two from the Iowa Masonic library.
The number of books In the circulating
library on September 1 was 16,861 and In
the government library 4,490 , making a
total of 21,351 volumes. The report of the
finance committee shoued that the balance
in the library fund on Septembpr 1 was
$1.426.41. The salaries and bills of the pre
ceding month , amounting to $332.30 , were
The librarian presented a list ot sonic
350 books , which nho suggested should be
purchased , and she was directed to buy
them. The trustees decided to grant the
use of the library to the State Library asso
ciation for Its meeting , which will be held
hero September 29 , on which occasion Hon.
D. C. Bloomer , president of the board of
trustees of the public library , will deliver
an address of welcome.
Part 2 of The Jlce's photogravures of the
exposition Is now ready and can be had nt
the Council Bluffs oillcri ,
Itenl KMiilc TraiiNferN ,
The following transfers were filed yester
day In the abstract , title and loan ofllco ot
J. W. Squire , 101 Pearl street :
I'd Pboliiu iind wife to Adolph Gelse ,
seU 4-76-12 ; w. d 4,900
II. C. Ungelmun to George Ulch-
born , aft seyt R-76-3S ; w. d 3,200
Et. John H KiiRllsh Rangcllcal Lu
theran Church to Peter Anderson
mid James Anderson , lot 1. block
26. Evans' second llrldgu add ; w. d. 60
C. H. Lefferts and wife to N. L. Cole ,
lot 8 , block S. Kvuns' second Bridge
ndd ; < i. cd IK
; \V. W. Douglass to N. L. Cole , lot S ,
blqck S , Kvunu' second Bridge add ;
w. d 1,500
Charles 13. Tucker and wife to An
drew McMlllcn , lot 3. block 2.1. und
lot 1 , block 25 , Burns' add ; w. d. . . . 200
Jd. L. Wllllnskl to W. D. Elmer , lot
S , block 3D , Mullln's subd ; q. c. d. . . . 23
Seven transfers , total jTo.OOO
Ground llrcnUlim ; for New Cliuroli.
Appropriate exercises will be held by the
Second Prenbytorian church this afternoon
at 4:30 : , on the corner ot Pierce and Grace
streets , where the new church building Is
to bo erected. After a brief devotional
service Dr. Phelps of the Presbyterian sem
inary at Omaha will deliver an address.
Then the actual breaking of mother earth
will be performed by the pastor of the
church , Rev. Alex Lltherlaml. assisted by
representatives of the different departments
of the church.
The Evans laundry is the leader In flno
work for both color and finish. 620 Pearl
etrceU jrhono 290.
EXPOSITION MASS MEETING
President Graham's Gall is Backed Up ty
Vice President Wright.
GENERAL ATTENDANCE IS DESIREC
Object In to MnUc ArrniiKt'tncM < * foi
liiicnl Participation In the Iiuva
Olcliriitlttn Next Week nt
In pursuance to the call Issued' ' yesterdn :
by President A. C. Graham of the Couucl
Illifts ! Exposition association there will bi
a nicotine this evening nt 7,30 o'clock a
the Grand hotel of the members ot the asso
elation and citizens In general to make ar
rangcmcnts to take part In the parade am
exercises on Iowa day , Wednesday , Septem
bcr 21 , at the exposition. The call bear
the slcnaturcs also of George F. Wright
exposition vice president for Iowa , and Lu
clus Wells , resident director of the expo
sltlon. Although the meeting has beoi
called * under the auspices of the exposltloi
association , a general Invitation Is cxtendci
to everybody to be present and take par
In the proceedings. Both Mr. Wright.am
Mr. Wells are particularly anxious that tin
meeting should be a representative one am
urge that the business men of the city b
present. The Iowa Exposition commission'
crs have advices that largo delegations fron
almost every city and town In the stat
will bo at the exposition on Iowa day am
the men who have called the meeting fee
that Council Bluffs , being the uext-doo
neighbor to the exposition city , should scn <
a crowd over on that day that would be ;
credit to the city and Pottawattamte county
To get the matter well under way will re
quire considerable > york and for this pur
pose a number of committees will bo ap
pointed at the meeting tonight.
The effort made to secure reduced rail
road rates for Iowa day has been success
fill and the local agents of the Iowa road
have been notified that round trip ticket !
from any part In the state will be sold a
SO per cent of the regular standard one
way rate , the minimum selling rate to bi
$1. Tickets at this rate will bo placed 01
sale Tuesday. September 20 , and Wednes
day , September 21 , and will be good fo
return until and Including Saturday , September
Wanted Girl for general housework. Mra
O. Keeling CIS South Seventh street.
MATTUIIS IX THE DISTRICT COURT
Suit of HnKKcrty AKiiliiitViitorinni
AttrnrtH Sonic Attention.
In the district court yesterday befori
Judge Macy was commenced the trial of thi
suit of C. E. Haggerty and wife ngalns
E. T. Waterman and wife. The suit , whlcl
is to set aside a deed , Is of more than ordl
nary Interest from the fact that the plain
tiffs are the parents ot Mrs. E. T. Water
man , ono of the defendants. The propert ;
the deed to which Is sought to be set asldi
Is the Haggerty homestead on Stutsmai
street. Mr. and Mrs. Haggerty nro ver :
old people , and , according to their testl
mony yesterday , they were anxious to pro
vide for their daughter , the wife of E. T
Waterman and her children , and made , ai
they say they thought , a deed of the home
stead to her In trust for the children. Late :
they discovered that they had been Inducei
to sign what proved to be an absolutedeci
to the property to their daughter. Tlili
they testified yesterday was not what the ;
Intended , and that advantage had beet
taken of their old ago and Infirmities am
that misrepresentations were made to then
when they signed the deed. They now wlsl
the court to set aside the deed and de <
clare It null and void. Waterman and hli
wife are resisting the suit.
Mrs. Lllllo Whlttlesey was granted a de.
crce of divorce from her husband , Russcl N
Whlttlesoy. Mrs. Whlttlesey was als <
granted the custody of her little daughter
Mrs. Vash Sullivan was granted n dlvom
from her husband , John Sullivan , whom sbi
married In this city March 31. 1897. Thi
decree was granted on the grounds of cru
city and nonuupport.
Lewis Htitler filed a petition asking for i
divorce from his wife , Mlna Butler , when
be married at Monmouth , la. . June 20 , 1894
Butler complains that his wife deserted bin
without cause on Juno 16 , J896.
The trial Jury was ordered to report Mon.
day , September 2C , Instead ot September 1 !
as previously notified.
Judge Macy made the first assignment o
law causes as follows :
Monday , Sept. 26. Security bank ot Karl-
bau t vs. o. B. MrCllntock ; Coaucll Hluffi
Savings bank vs. N.V. . Williams ; Charles
Herbach vb. imlly Mdrtln.
Tuesday , Sept. 27. Day & Hess vs. Ode !
Investment Co. ; Warner E. Hoopes vs. Odel
Investment Co. ; J. 1) . Matthews vs. Joht
Wednesday. Sept. 28. Charles Green vs
John Shaw et ol ; Jane Richardson vs. J. A
Thursd , > . Sept. -Georgo ! King , re
ceiver , vs. John L. Howe ; L. C. Smith vs
L. M. Lai kin.
Friday. Sept. 30. W. H. Ware vs. N. .
Merrlam et ai.
Monday , Oct 3. Sterling Manufacturing
Co. vs. F. A. Blxby ; Otto Saar vs. John Saar
Tuesday , Oct. 4. G. V. McCormlck vs. H
Wednesday , Oct. 5. Alice Stork vs. Su
preme Ledge Knights of Pythias.
Thursday , Oct. 0. Henry Gecsen vs. James
He also made the following second as
signment of equity causes :
Monday , Sept. 19. Charles J. Konlg-
mncher vs. Western Mutual Life association
J. W. Squire vs. David Halnes et al ; Rllej
Clark vs. floutd of Equalization of Neola.
Tuesday , Sept. 20. J. C. De Haven VP ,
Interstate Building , Loan and Investment
Saturday , Sept. 24. Andrew C. Graham
vs. George W. Corhum.
The decision of Judge Green In tie case
of Henry Russell against 'Day & Hess was
received by the clerk In the district courl
yesterday. The decision is In favor of the
defendants. Day & Hess some years age
purchased a note of W. W. Blfger on Rus-
soil , who paid it , but later claimed It was
a forgery and brought autt to recover the
amount , between $500 and $600. The first
trial resulted In favor of Day & Hess. The
case was taken to the supreme court , which
remanded it back for a new trial , whlci
was had before Judge Green about ; nine
In the superior court yesterday the plain
tiff In the damage suit of Fannie Deltchlci
against Harry Hoist was given by agreement -
ment two weeks In which to file a motion
for a new trial. In this case Miss Deltchlei
sued for $10,000 damages for alleged seduc
tion and rho jury found for the defendant.
John Coleman ot Audubon was bound oven
to the federal grand Jury by United Statee
Commissioner George F. Wright on the
charge of engaging In the business of a
retail liquor dealer without first obtaining
a government license.
Jobn Schlcketanz , sr , , who was appointed
administrator of the estate ot bis son , L. 0 ,
Schlcketanz , who was run over and In
stantly killed About a week ago Tthlle at
tempting to board a Manawa train , was
authorized by Judge Macy ot the district
court yesterday to compromise the claim
against ! the Lake Manawa railway company
for the death of the young man for ( ISO ,
or CITV COUNCIL ,
Considerable IlnnlncNN TrnitNiiotcil n <
nn Ailjonrnnl NenNlon ,
The city council met In adjourned session
last night and transacted a considerable
amount ot routine business. Colonel Alex.
Hogeland , known air over the country as
the "newsboys' friend , " addressed the city
fathers at ) considerable length on the mat
ter ot the curfew ordinance. Colonel Hoge-
land was requested to furnish the mayor
with a copy ot the amended section and It
will probably bs passed at the next meetIng -
Ing of the council. A vote of thanks tc
the colonel for his address wan passed.
The city clerk was Instructed to advertise
for bids for the paving with vitrified brick
those streets and avenues cmbodlpd In the
first paving resolution nnd which was
adopted at the meeting of August 29. A
resolution calling for the paving of Fourth
street from Broadway to Worth street ) and
of Fifth avenue from Main street to Fourth
street with asphaltum wan Introduced and
the clerk Instructed vo publish same accordIng -
Ing to law. The consideration ot the reso
lution was on motion of Councilman Mot-
calf set for the second Monday In October.
Another resolution calling for the paving
with brick of Stulfcrann street from Broad
way to Pierce and of Pierce street from
South First street to the Intersection of
Stutfitnan was Introduced and likewise or
dered published. There arc a number ol
protest's against the paving ot Stutsman
street and these will be taken up with the
resolution at the meeting on the second
Monday In October. City Engineer Etnyrc
submitted specifications for brick nnd as
phaltum paving which were adopted. Two
hundred copies of the specifications were
ordered printed and the clerk Instructed tc
advertise for bids for same.
The claim ot E. S. Hagen against the city
of $3,000 for alleged personal Injuries
claimed to have been received on August 8
lost at the motor company's Y on Lower
Main street was referred to the city attor
ney to wrestle with.
On motion of Alderman Brough the city
marshal was Instructed to notify the motor
company to plank between Its tracks at
Sixteenth street and Broadway.
Alderman Casper Introduced a resolution
authorising Colonel W. F. Baker , chairman
of the board of county supervisors , to repair
the following streets , which ho designated
as a main thoroughfare leading into the
city , nnd pay for the work out of the clty'e
proportion of the county road fund : Third
street from Eleventh avenue to Sixteenth
avenue , Sixteenth avenue from Third street
to High street , High street from Sixteenth
avenue to Nineteenth avenue. Nineteenth
avenue from H street to Tostevln street ,
Tostovin street and South avenue from Nine
teenth avenue to the Chicago , Rock Island
& Pacific Railway company's crossing south
of the city limits , Pierce street from Oak
street to McPherson avenue , McPherson ave
nue to the city limits , Ridge street from
Pierce street to Canning street. Canning
street from Ridge street to the city limits ,
Park's mill road from city limits to point
opposite Sylvester's place. The resolution
failed to carry , as several ot the councilmen -
men desired to go over the route first. The
resolution , will come up again at the next
A triple wedding Is booked to occur today
nt the homo of County Supervisor Perry
Kernoy of * Caraon , when his son nnd two
daughters'WIll'be married. The son , N. W.
Kerney , will lead to the altar Miss Nellie
M. Hatch , a well known young woman ol
Oakland , while Miss Maud , the youngest
daughter , will give her heart and hand tc
Charles T. Carter , a young man from the
same town. The eldest daughter , Miss
Pearl , will be married to L. H. Bolton ol
B. L. Ogden used Cole's Hot Blast heater
MnrrlnKc Ilci-nne .
Licenses to wed were Issued yesterday tc
the following persons ;
Name and residence. Ag < > .
N W. Kerney , Carson i
Nellie M. Hatch. Oakland 21
Charles T Carter. Oakland 23
Maud L. Kerney , Carson ] g
L. H. Bolton Carson 21
Pearl M. Kerney , Carson 20
Went Inillnii Hurricane Approacblim ,
ST. THOMAS , D. W. I. , Sept. 12 , Latest
advices from Barbadoes , received late on Sat
urday , Indicate an approaching hurricane.
Shortly after the dispatch was received
cable communication was Interrupted. Yes
terday the storm passed over Saint Lucia ,
but small damage had been done there. All
the Islands hove experienced boisterous
weather , but the storm has passed to the
south of St. Thomas.
I own Farm Notcn.
A Cedar Falls farmer sold 120 acres ol
land for $45 per acre.
Much Montana stock Is being received
around Dunlap for feeding purposes.
Pocahontas will have a now creamery , the
largest In that section of the state.
George Jones of Tlpton sold his fine driv
ing team for $300 to an Oregon man.
At Grunday one of the largest farms In
that pait of the state sold recently at $50
A. K. Ware , a Virginia stockman , has pur
chased for $18,000 a 400-acro farm near DCS
Until the present rain the duat was so
heavy around Calhaun as to Interfere with
the threshing of wheat.
Poach trees around Des Molnes are break
ing down vith fruit this year. It was
never so plentiful In that section.
Harrison county apples are abundant and
are selling at 30 cents per bushel. Much
of the fruit Is being shipped east.
The pioneer farmers around Lynnvlllo have
purchased Linn grove , a fine body of tim
bered land near that place , as a permanent
place for their reunions.
Around Grundy Center chicken fanciers are
much annoyed by skunk nnd mink. One
mink killed twenty-six fine chickens for
William Smith In one night.
Boone county stock growers are producing
more fine s\\lne this year than usual. W.
H. Trenchard shipped 1C3 porkers , their
gross weight being 57BOO , an average ot 375
pounds each. The owner received over
I ' .OOO for the bunch.
lown \ ! Notpn >
Hartley's town well Is a failure. Though
the pumps run all night the quantity of
water supplied Is Insufllcicnt.
Toledo presented each delegate to the
county republican convention with a small
American Hag and a stick pin.
A $2,000 fee was paid by the Davenport &
Rock Island Bridge company for filing articles
of Incorporation at Des Molnes.
The Marshalltown convention is now be
ing referred to sarcastically by the state
press as the "Marshalltown mix. "
Webster City Is displaying much en
thusiasm over the proposed extension of the
Chicago Great Western from Hampton to
The Inmates of a Diibque road house were
held up and robbed ot $1,000 by a lone high
wayman with two big revolvers. He lined
sixteen people up in a row.
Mrs. K. S. Keen of Bears Grove dropped a
pocketbook containing $800 on the train. The
following day a traveler who noticed the
book fall from her pocket restored It to her
with every dollar it contained.
Emmet county , where more prairie chick
ens have been killed In the last ten years
than all the other counties In the state to
gether , this year produces nothing In the
shape of a chicken. The young were killed
by hard rains early in the season.
ALL HUSBANDS ALIKE IN LAW
Peculiar Iowa Statute Decided Unconstitu
tional by Judge Bishop.
HAS BEEN CAUSE OF MUCH TROUBLE LATELY
I'tiiilKliMient Provlilril In Cnnr of DC-
flertlim for HCIUM ! or I'liintllcN Xot
In Aurora with 1'iiniln-
mental Jurisprudence ,
DBS MOINESSent. . 12. ( Special. ) The
opinion written by Judge Bishop , declaring
the law unconstitutional which the lust low.i
legislature adopted to prevent desertions In
cases where marriages have been contracted
by men to , escape prosecution for seduction ,
has created a sensation In Iowa. The pe
culiar reasoning by which the court arrived
at Its opinion has caused much comment
Since the adoption of the law there has beer
much bitterness engendered by Its provisions
Still the law has many supporters In the
state , and there Is a disposition to carry tht
matter to a higher Judicial body In ordei
to secure an opinion that may bo used ns
a guide. The decision grows out of the case
of II. A. Morris , the editor of the Uunnells
Telegram. Morris married nearly a year age
Gertrude Hill and stated to her at that time
that ho would not Hvo with her after he
married her. Ho agreed to the performance
of the ceremony , for the reason , BO ho states
that It was the only way to get out of Jail
and It was very necessary to get out the
next Issue of the Telegram. Ho deserted
the woman and was arrested. Justice Hal-
loran bound the prisoner over to await the
action of the grand jury. Morris' attornej
appealed for a writ of habeas corpus , alleg
ing the unconstltutlonallty of the law. The
Judge granted the writ. In holding the law
unconstitutional , the Judge says :
It Is admitted for the purpose ? of this pro
ceeding that the petitioner has been guilty
of the crime of seduction ; that ho married
the woman seduced by him for the purpose
of escaping prosecution for such crime , anil
that following such marriage ho deserted
her without good cause arising subsequent
to the marriage.
That the necessity exists for a law which
will minimize as far as possible the wrong
the statute In question strikes at does nnl
admit of a question. I can have nothing tc
do. however , with the necessity for or the
policy of any given law. If It Is within the
power of the legislature to enact , I am to
enforce It ; otherwise , I am to disregard It ,
The constitution , section C , article 1 , pro
vides that "all laws of a general nature
shall have uniform operation ; the general
assembly shall not grant to any citizen 01
class of citizens privileges or immunities
which In the same terms shall not equally
belong to all citizens. " Under this section
It has repeatedly been held that all laws
must operate uniformly upon all persons
coming within the relations and circum
stances provided for. There can bo no ar
bitrary or unreasonable classification made
of citizens who , having committed an act ,
may be liable therefor , either civilly or
criminally , whereas other citizens com
mitting the same act are exempted from
liability or punishment.
I'ccullur Kent lire * of the Cnnc.
It will be observed that the crime of se
duction Is fully disposed of In a legal sense
by a marriage taking place between the
parties subsequent to the commission ol
such crime. At leasl the law refuses to give
any further conslderatlpn to the act con
stituting the crlmo from the moment mar
riage takes place. There are no conditions
attached and no obligation , requirement ot
penalty Incident to tho'crime , which stands
suspended to be revived or which can again
bo brought Into force or operation by reason
of any subsequent action or condition which
may occur In the future. The act of seduc
tion simply sinks out of sight and , In a
legal sense , is forgotten beyond possibility
It Is common knowledge that very many
men who marry to escape prosecution for
the crime of seduction sooner or later there
after desert their wives. This Is the evil
which the statute under consideration Is In
tended to remedy. It Is n statute to punish
desertion and that only. By it the former
crime of seduction was not intended to bo
again unearthed , nor Is the accused to be
held to any penalty or liability on account
thcieof. There lu no escape , as It seems to
me , from the conclusion that the two of
fenses , the felonv and the misdemeanor , can
have no connecting link or relation one to
That the willful desertion by a husband ol
his wife or family , without good cause
shown , may properly bo designated as a
general offense and may be punished under
criminal statutes as a misdemeanor , I have
no doubt. It has been so held In other
Jurisdictions. The theory Is that the best
Interests of the state require that those
who take on themselves the obligations In
cident to the marriage relation and the
headship of a family shall not without Just
cause throw off or disregard such obliga
tions. It will bo apparent at once , however ,
that the Interest of the state In such cases
Is not confined , to any particular class of
husbands , but relates to any and all. It
cannot be that the state has any Interact In
keeping a husband and wife within the
limits of the marital relation differing In
one Instance from that which obtains In
every other. There can be no legal distinc
tion between one inserted woman and an
other as for as their general relation to the
public Is concerned. It seems to me that It
would be arbitrary In the extreme and
wholly without reason to say that the pub
lic good or the public interests require that
a desertion by a husband In one class ot
cases shall be prohibited under penalty ,
while In another class of cases a desertion ,
whatever the cruelty or hcartlcssness at
tending It , Is not to bo taken the slightest
Not a Felony.
As I have already shown , there Is no con
nection between the felony , seduction , and
tliu misdemeanor , desertion. It follows that
the r-ferenco In the statute under conslder-
at'ou to the statutes relating to seduction
has no office save to designate a class of
husbands who may bo punished , It being
made to appear that they have deserted
their wives without just cause. There be
ing no Infringement of public Interest In the
case of one deserting husband which iloeb
not obtain In the case of every other , the
classification made by the statute Is arbi
trary and without sufficient reason , In my
judgment. It Is arbitrary and without
reason In that It selects from among hus
bands who stand equally before the law only
those of whom It can be shown as a matter
of history were guilty of seducing their
wives before marriage and who married to
escape prosecution. It Is arbitrary and
without reason In the further sense that It
applies only to those seducers In respect o'
whom a purpose to escape prosecution can
be shown. Tal'e a case where a Esduccr
marries his victim voluntarily , no sugges
tion of a protecutlon having been madeHo
may desert her the next moment and it
\\ould not bo possible to prosecute him ,
either for the seduction of for the desertion.
On the other hand , a seducer whose- prose
cution has been suggested , marrloa to avoid
Mich a result. Ho may not be prosecuted
for the seduction thereafter , but ho may
Under the statute bo held to answer as for
a new and distinct criminal offense. Tht )
acts done by each of the two men are Inden-
tloal. It might be that the man' ' In the case
first Illustrated above secretly believed that
he might be prosecuted unless he married
his victim. In such a rase not only would
bis acts be Identical with that of the other ,
but his motive and purpose would be the
name and utill he could not bo prosecuted
unless that purpose or motlvu came to the
surface in the way of tangible evidence
which might be produced In court.
The act which Is the gist of the offense ,
that Is , desertion , is lost sight of In trying
to determine whether another and distinct
act previously occurring was or was not ac-
[ ompllBhed by a particular and avowed pur
pose. As well might the statute , In my
judgment , have provided that all men who
hart been threatened with a prosecution for
any other crime and who should desert
tliclr wives should bo punished ; or that all
rn-n over six feet tall who desert their
wives must sutler the penalties luicosod for.
THE TWO GREAT BATTLES OF
Sunday , Sept , II ; Tuesday , Sept. 13 ; Thursday , Sept , 15 ;
Saturday , Sept , 17 , and Sunday , Sent , 18 ,
The production is of such great magnitude that 48 hours' time is required to arrange
for each performance. 2,600 pieces of various kinds of explosives used each night.
Pounds of red fire. Two submarine mines exploded during each performance ,
throwing water 100 feet in the air.
All Under Management of Captain Robert Cook.
desertion. All such classifications nro ar
bitrary and unreasonable and , In my judg
ment , prohibited by the constltutiou.
It has been suggested that the statute
creates a crlmo In which the marriage tc
escape prosecution Is to bo considered as nn
element and that thereby the objections
suggested are overcome. That this cannel
bo true must bo apparent , it seems to me ,
upon a moment's reflection. The marriage
Is an act authorized by law. Indeed It has
been said by the supreme court to bo ar
act favored by the law and hence Is to be
regarded ns a virtue. It would bo absurd
td say that an net declared In and of Itscll
to bo n virtue could thereafter be tackeil
onto a wrongful act subsequently committed
and the combination thus derived de
clared to bo a crime. No such Intent Is tc
bo attributed to the legislature In Its pas
sage of the act In question. Nor Is there
any known theory or principle upon which
the purpose , abstractly considered , which
prompted the marriage , can be carried along
In suspension to be subsequently brought
Into notice In connection with another anil
a distinct act , the whole to constitute n
crlmo. The constituent element in every
crime Is the commission of a prohibited act ,
accompanied by a criminal Intent , That IF
all that can bo said on the subject and it
certainly con moke no dlffeicnco what was
the Intent or purpose with which some
other act , legal and commendable in itself ,
The statute in question Is open to the
further objection that It contains no limita
tions whatever. For Instance , a man whc
marries his wife under threat of prosecu
tion and thereafter lives with her for flf'j
years and then deserts her. may bo Indicted
and punishment for such desertion. A rule
for the enforcement of which such a re
sult may follow Is unreasonable to say the
I conclude that the writ prayed for musl
be granted and the petitioner discharged
nnd it Is so ordered.
IOWA TROOPS WJlilj STICK IT OUT ,
lor.i-Mnili IlcKlmciit AVInlipM to D i
What the ( iovornniciit IlcMlren.
DES MOINES , Sept. 12. ( Special Tele
gram. ) Governor L. M. Shaw arrived In
Des Molnes today on his return from a
trip to Washington. He nays the Fiftieth
Iowa volunteers , In camp at Jacksonville ,
will start homo tomorrow. When In Chicago
cage the governor made arrangements for
special sleepers to carry the elck of the
regiment with comfort.
In Washington the governor made ar
rangements whereby the men of the Fiftieth
wishing to remain lu service can bo trans
ferred to the Forty-ninth , the Fiftieth being
one of the two Iowa regiments ordered
mustered out. Another arrangement made
was that the companies of the Fiftieth will
go directly to their homo towns for muster
out instead of coming to Camp McKlnlcy.
While the governor was In Washington ,
where ho went with the Intention of urging
that the Forty-ninth be mustered out ,
Lieutenant Colonel Ham of the regiment
arrived In Washington. He visited Presi
dent McKlnloy with the governor. Colonel
Ham stated that whtlo the men would
have been glad to como home , since the
government has ordered them to bo re
tained , they were satisfied and had no
other wish than to stay In the service. Gov
ernor Shaw says there was no discrimina
tion In the choice of regiments to remain
in service and that the Fiftieth was or
dered home because there was less sickness
In the Forty-ninth.
Colonel Marcus Cavanaugh , commander of
the Seventh Illinois volunteers , arrived In
the city this morning. Ho Is on a month's
furlough , and came hero to visit his father ,
Marcus Cavanaugh , his relatives and old
friends. After spending two days hero he
will go to Colfax for a , week.
Conrad Youngcrman , a leading business
man of this city , received a telegram from
Seattle today announcing the death of his
son , Louis. The young man had been In
Klondike , and on his return was taken
with malarial fever. For several days be
fore reaching Seattle he received no medical
I.lttlc "Water In Katitern Imva.
DUBUQUE , la. , Sept. 12. ( Special. ) The
Mississippi Is gradually getting down to the
low water mark of 18,64. the lowest mark
ever reached. Each day's report nhowa a
fall of from half an Inch to five Inches.
The traffic on the river has already begun
to suffer , as nearly all the largo packets
have been tied up for the season. In the
month of September the water Inevitably
falls and reaches the lowest mark of the
year. The low water exists all along the
Mississippi. In 1894 the low water mark
was reached In some places and pioneers
say It has been the only time since the
mark has been established. However , It Is
not believed that the low water mark of
1S64 remains unbroken , as Major Motgs of
Kcokuk has said that In 1892 the water was
two Inches below the 1864 mark at Me
chanics' Rock , at the head of the DCS
Molnes rapids , above Kcokuk. Thin rock
set the low water mark of 1864 , the fall ot
the river that year leaving the rock three
inches out of the river.
Caterpillar * DOIIK | Dnmntcp.
SLOAN , la. , Sept. 12. ( Special. ) The
elder bug of recent years in this vicinity
has this year given place to a more de
structive pest In the shape of the caterpillar.
Shade trees , fruit trees , grape vines and
other vegetation are being stripped of all
foliage and even buildings and fences are
covered with them In some places. In a few
cases these worms were numerous euough
In the early season to injure the fruit crop ,
but In the millions In numbers In which they
now exist they would prove totally de
structive to that crop. It Is hoped that with
the advent of frost ther will be entirely
MlnNourl Valley Hn > - Cro | > ,
CALHOUN , la. , Sept. 12. ( Special , )
Farmers are In 'the midst of their hay mak
ing on the Missouri bottom. The crop Is
very heavy , averaging three tons to the acre.
America's pavorite Cigar
JOHN G ,
3 tor 25c
lOc Straight COUNCIL
2 for 25c BLUFFS , IA
"cffftf. THE OHAS. SUMNER.
5 Per Gent Etoey on Iowa Farms
We are prepared to place loans on improved Western Town
farms at 5 per cent. Money on luuul , no delay. We have for
sale several choice FRUIT. GARDEN , GRAIN AND STOCK
FARMS. VERY CHEAP. Cheap money will make land go up.
Investigate our bargains.
DAY & HRSS ,
39 Pearl Si. , Council Bluffs , Iowa.
The hay stands ns high as a. horse's back ,
and Is all put up with machinery. Two
men on a stack to spread the hay out can
cut and stack twenty acres a day. Then
after the hay settles In the Black comes the
baler and bales , the hay which Is then ready
to be shipped to Council Bluffs and Omahu ,
which Is Bomo thirty or thirty-five miles ,
and brings from $5 to $6 n ton. Thousands
of acres of hay Is bclug put up at this time.
There IB not much tame hay raised , al
though one will occasionally eco a piece of
ALBIA , la. , Sept. 12. ( Special. ) Dayton
Harger , a boy between 14 and 15 years ot
age , Is In the coutny Jail In this city for
the crlmo of Incendiarism. While the
family of Ottomer Duncan , who lives two
miles cast of Lovllla , was attending- the old
settlers' reunion at Hamilton , neighbors dis
covered Duncan's house and barn to bo on
fire. They succeeded In putting the flro In
the house out , but the barn , a team ot
horses , hay , grain , harness and all it con
tained were burned. Suspicion rested on
the boy under arrest and he was placed
under arrest and brought to Albla. On the
way ho confessed to the crlmo and when In
jail denied It. Two weeks ago the boy was
arrested for stealing some Jewelry from the
homo ot Mr. Duncan and he was found
guilty In n Justice court nnd let off with a
fine. It Is stated that he made 'threats that
he would get even.
Coriii-ll roll -KO OIIIMIN.
MT. VERNON , la. , Sept. 12. ( Special. )
Cornell opened this morning for the winter
term. Judging from the applications for
rooms and other Indications , the year will
see a largo Increase In attendance. Exten
sive Improvements have been made during
the summer , and as a result Bowman hall
Is one of the best equipped ladles' dormitor
ies 'o be found. Among the now mem
bers and additions to the faculty are Piof.
and Mrs. Adams in music nnd Prof. Frcs-
lioff In political economy.
CLAUINDA. la. , Sept. 12. ( Special Tele
gram. ) The annual reunion of the State
Line Veterans' association , to have been
held In Clarlnda September 13. 14 and in ,
under Grand Army of the Republic auspices ,
has been postponed to September 27 , 28
and 29 , on account of the heavy rains.
Iloiijninlii .IOIICN , Slvty-Klnlil Year *
Old , .SiMiiiur from mi Iron
lleain ! a Moli.
KANSAS CITV , Mo. , Sept. 12. A special
to the Times from Liberty , Mo. , says : At
10:30 : last night Benjamin Jones , a gray-
tialred man C8 years ot age , was taken from
the Clay county Jail and swung to an Iron
beam at the front entrance to the court
liouse. The mob , which consisted of about
seventy-five men , quietly rode in on horse
back , finished their work In thirty minutes
and left. Jones committed a criminal as
sault on Annie Montgomery , a 11-year-old
girl , .yesterday evening , and confessed his
; ullt juat before he uas hanged.
Hell CroNMVorKrr Arrive.
WASHINGTON. Sept. 12. Miss Clara Bar
ton and party reached Washington today
from Tampa , Fla. Those with Miss Barton
were Dr. Wlnflcld Egan , chief surgeon of
the Red Cross ; General Von Sthell of the
Belgian Red Cross ; Dr. Gill. J. A. McDowell.
Miss Lucy Graes and Miss Annie Fowler of
Illinois. The party Is hero walling orders
and may bo sent to the Philippines.
llrotlierliood of Locomotive Firemen ,
TORONTO , Out , Sept. 12.Tho sixth
biennial convention of the Brotherhood of
Locomotive Firemen opened today. There
were eomo 400 delegates present at the con- >
WM. WELCH TRANSFER LINE
Ilctitpcii Council IllufYx nnil Oninlin.
Rates Reasonable. Satisfaction Guaranteed.
Council muffs olllce , No. S North Main
street. Telephone 12S , Omnlin olllce re
moved to 322 South Fifteenth street. Telephone -
phone 330S ,
Connections made with South Omaha
For ( lu > proft-NHlon mill iiiniitciim.
All oril < TN CnrMarilril on ila > - of re
ceipt. 1'rlccs ( lie l. < MNt. .
E. G. BARTLETT ,
(10O ( nnil ( IIIU llroiiilirny , Coiinull llliifl1 * .
vontlon and many more arrived during the
day. There are 1,500 delegates and visitors
now In the city. An Interesting contest for
the successor to Grand Master F. B. Sargent
Is expected. It Is understood tSo contest
will bo between Grand Secretary Arnold nnd
First Vice Grand Master J. J. Hannahan.
The afternoon cession was devoted to rou
tine business. The Ladlen' auxiliary held
a short session , at which Mrs. Joshua. Leech
of Sedalla , Mo. , grand president , presided.
SlIIlN DlNOMII 'I'lll-lr Kit III IT.
LIBERTY. Mo. . Sept. 12. A brief coroner' . }
Inrjucst was held today over the lumnlim
of Benjamin Jones , the aged rapist lynched
Just outside the Jail door lust night , nnd u
verdict to the effect that ho hud como to
his death "at the hands of unknown par-
tics" was rendered. The body will bo
burled at the county's expense. T o soni
of the lynched man called nt the Jail today
to tell the officials that they would not caru
for the remains. "Our father has disgraced
and dishonored our name , " said they , "and
wo now disown him. even In death , and
shall not take a last look at hla face. " Annl
Montgomery , the little victim , is still alive ,
but cannot survive. Satisfaction over the
lynching Is general.
IlurUlrii'H Amlcii Halve.
THE BEST SALVE In the world for Cuts ,
Bruises , Sores , Ulcers , Salt Rheum , Fever
Sores. Tetter , Chapped Hands , Chilblains.
Corns and all Skin Eruptions , nnd positively
cures Piles , or no pay required. It Is guar
anteed to glvo perfect satisfaction or money
refunded. Price 25 cents per box. For ealo
by Kubn & Co.
Council of Order of Iteil Mm.
INDIANAPOLIS. Sept. 12. The national
council of the Order ot Red Men began
Its annual convention hero today. Only rou
tine matters received attention. The coun
cil wilt continue In session during the week
and tome. Important business will bo dis
posed of. The annual election of officers
will occur and the reports of representatives
will bo read. About 15,000 members nro ex
pected to attend the gathering. Ono of thn
Important questions to bo disposed of will
bo the eligibility to the order of men en
gaged In the liquor business. A strong
fight IH expected on the proposition to ex
clude all such men from the order.
lIodli-H Vet In ( lie Kninii ,
PHILADILPHIA , sept. 12. FIVO persons
are known to have lost their lives as a
lesult of the gutsollno explosion which oc
curred last night nt Fifteenth and South
streets , It Is believed that nt least half a
dozen bodies nro yet In the ruins.
To Su > lloulor'H 1IIIU
Uio "Garland" Stoves and Range *
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