THE OMAHA DAILY BEE : WEDNESDAY , .TANTJAHY 11 , 1890. MORE CASES OF SMALLPOX Afflicted Person ! Take No Precaution to Prevent Spread of Dlseue , ACTION OF ERNEST PEYCKE CRITICISED Daughter Shovr * Symptom * , After Which the Father Take * IIU Child and doe * Oat Among the People Vacolaatlon Order * Incd. The smallpox situation In Omaha has be come decidedly serious , and the physicians of the local health department make no concealment of their apprehension that nn epidemic of considerable extent Is Impend ing. There arc four known cases of the disease In as many different sections of the city , and at least two of these have- been cither unknowingly or knowingly exposed , nufllclcnt to make It very probable that other coses will t * reported In the near future. The only ray of comfort that the health department can extract from the situ ation Is that the disease Is as yet of com paratively mild form varlolold. The health officials arc talcing energetic efforts to pre vent the spread of the disease. Superin tendent Pearse has Issued a general order , requiring all school children to be vaccl- nataed as a , requirement for attendance at the public Bcbools. The. following are the cases that are re ported and arc being cared for under the direction of the city authorities : The Mc Coy family , on the far northern end of the Florence boulevard , reported a couple of weeks ago' the Newton family , 3924 North Twenty-eighth avenue , about a mile south west 4 > f the former case , reported Sunday the 18-year-old daughter of Ernest Peycke , 213 South Thirty-sixth street , reported Mon day ; Peter Kennedy , 1214 South Sixth street , reported Tuesday. Next to the anxiety caused by the report of the new cases of the disease the city physicians are most mentally disturbed by the actions of Ernest Pcycko In connection with the cane In his family. Mr. Peyckc has taken steps to avoid the disease and to es cape quarantine In a manner that the physl- clan,8 'do not hesitate to declare criminal , and they threaten to make It warm for him In case that they can locate him. Peyckc Leave * Town. The afflicted member In the Peycke house hold Is the 18-year-old daughter. She has been 111 for n , short tlrao and on Saturday the rash of the disease broke out upon tier. Monday the disease was declared to be smallpox and Mr. Peycko and his little eon left the house. Where the two have gone , neither the family nor the physician will tell. At the office of Peycko Bros. , In quirers are told that Mr. Peycke has gone out of the city. If he Is located In the city the health officers Bay that they will take energetic action against htm ; It ho has left the city , they are powerless. Monday Mr. Peycke ordered a telephone to be put Into his house and was very anxious that It should be Installed during the afternoon. Not knowing that a case of smallpox existed In the family , the telephone - phone company compiled with the request and a man was set to put In the Instrument. This employe of the company will be closely watched and If any symptoms of the disease should appear ho will be Isolated. In the Kennedy case , a number of people have been In contact with the victim , but unknowingly. Kennedy has been elck for a 'couple of weeks , but he thought that he was afflicted with chicken pox and had no medical attention. A physician accidentally discovered the nature of his disease when lie was in attendance on another patient In the same house. Since Sunday the city physicians have found that a dozen different people have been In close contact with Ken nedy , many of them children , and these per- , < * etui haxetbeennutunder ur.vejllance. The' Board of Health is making an en- de&vor to discover every person who has In any way come In contact with any of the afflicted people. These persons arc vaccl Dated and every one who has come In con tact with them Is also Innoculated. They have been warned of the danger they ar In from the disease and told what precau tions to take. They are watched and II they ore stricken with the disease they will be Isolated. Vaccination to Be General. The cases In the Poycko and Kennedy fara illes are connected. Kennedy was an em ploye of Peycke Brothers and had the dis ease two weeks ago. It la believed that the Feycke girl got the disease from him when eho visited the firm's establishment. How Kennedy got the disease Is unknown , but U IB believed that he brought It to the city as ho wae In the employ of the Peycke Brothers but , a short time. Other employes of the flrm were In contact with him. v , The children of both the Peycke and Ken nedy families attended parochial schools anc thoeo Institutions have required that the other pupils must be vaccinated. All public school children must also be vaccinated As a precaution , City Physician * Spaldlng requested Superintendent of Schools Pearse to Issue ft general vaccination order , and the latter immediately complied. No chile will be allowed to attend any public school of the city unless he or ehe presents a corticate of vaccination from a physician ' Children who cannot afford the cost of vac cination will bo vaccinated at the expense of the city. While the situation is serious , City Physi cian Spaldlng does not believe that a pest house Is aa yet necessary , although he has made arrangements for one. Regarding this , he says : ' "AH' the cases' so far reported are of mild form and can be properly cared for In the 'homes. We have been able to suffi ciently Isolate them. In case that It Is necessary to remove any person from his or ber .residence , however , I have made ar rangements to secure a smallpox hospital or u pest house upon twenty-four hours' notice. ' Site * for Auditorium. The auditorium committee haa decided to aak the public to eend propositions for sites for tha structure to H. H. Harder. The Mini of the boundary In which the site must b < located Is aa follows : Capitol avenue on thi north , Howard street on < the eouth , Twelfth etrect on the east , and Twentieth street on the west. The site must occupy a half blocker or a tract of land 132x264 foot. The propo iltlon * will not be made public , but are to be submitted to thn general committee la charge of the project for action. Will Merer Do Sp Attain. George Jessra and hie wife have arrived from Brighton , la. , accompanied by theli on Chris , whom they took to the Methodls hospital for an operation. The young man wao chopping wood ait his 'home recently and attempted to ease his work by filling a log with powder. The fuse he attached was not long enough and the charge explodet before he could g t away. HU face was LIEBIC COMPANY'S EXTRACT OF BEEF MAKES COOKING EASY. lied with the powder and his ye to badly njured It Is feared that he will never re- over hli eight. NATIONAL BANK ELECTIONS Director * nnd Officer * Choen Are Snl > * tnn < lnlly the Smite a * Those of the 1'rcvloo * Ycnr. Yesterday was the day eet for the stock- toldcrs' meetings of all the national banks n the city. Very few changes were made n the directories and none In the bank offi cials proper , except In the case of the United States National , where W. E. Rhoadcs , who lorctoforo acted an paying teller and has > een with the Institution for the last seven- ecn years , was made assistant cashier. At the Omaha National bank the follow- ng officers and directors were elected : J. H. Mlllard , president : William Wallace , cashier : H. Carrier and H. E. Batch , assist * ant cashiers : directors , J. II. Mlllard , Guy . Barton , Erastus Young , Oliver W. Mink , N. W. Wells. A. J. Simpson , J. J. Brown , E. W. Nash and William Wallace. The meeting at the Merchant * ' National resulted In the election of the following : Frank Murphy , president ; Ben B. Wood , vice president ; Luther Drake , cashier ; F. T. Hamilton , assistant cashier ; directors , John F. Coad , Samuel E. Rogers , Charlca C. House ) , Alvln Saundcrs. Frank Murphy , Ben B. Wood , Luther Drake and F. T. Hamilton. No change was made at the National Bank of Commerce. The officers are : J. H. Ev ans , president ; George E. Barker , vice president ; W. S. Hector , cashier ; Lee W. Spratlln , assistant cashier ; directors. J , H. Evans , W. S. Rector , Frank Barker , George E. Barker , Lee W. Spratlln and E. A. Ben. son. son.The The officers and directors of the United States National bank for the ensuing year are : M. T. Barlow , president ; C. W. Ham ilton , vice president ; V. B. Caldwell , cash ier ; W. E. Rhoadcs , assistant cashier. The directors are : Clifford W. Smith , Euclid Martin. H. n. Gould , C. W. Hamilton , V. B. Caldwell and M. T. Barlow. At the Commercial National hank meeting no officers were elected , but the following directors were chosen : U. M. Morsman , Charles Turner , William L. May , E. M. An- dreesen , C. E. Yost , W. W. Morsman , Wil liam G. Maul , A. Mlllard and C. W. Lyman. At the meeting of the First National bank stockholders the old officers and directors were re-elected. They are : Herman Kountt , president ; John A. Crclghton , vice presi dent ; F. H. Davis , cashier : C. T. Kountze and H. E. Gates , assistant cashiers. The directory Is made up of the officers and W. A. Paxton , J. M. Woolworth. W. S. Popple- ton , C. B. Rustln and W. F. Allen. At the Union National bank the only change made was In the directory , where J. W. Thomas succeeds A. R. Dufrene , de ceased. This leaves the officers aa they were : W. W. Marsh , president ; G. W. Wat tles , vice president ; J. W. Thomas , cashier , while W. W. Marsh , G. W. Wattles , Thoma * L. Klmball , Sumner Wallace , J. W. Thomas , W. A. Smith , George E. Wallace , J. H. Ma- comber and Charles Marsh make up the board of directors. The old officers and directors of the Ne braska National will hold over for another year and are : Henry W. Yatee , president ; John S. Collins , vice president ; Lewis 3. Reed , cashier , and W. H. S. Hughes , assist ant cashier. Directors : H. W. Yatcs , L. 3. Reed , John F. Collins , Warren Swltzler and Edwin C. Perkins. In South Omaha no change was made at the Union Stock Yards National bank In either the directors or the officers. The di rectors are : W. A. Paxton. P. A. Valentine , J. A. Crelghton , Herman Kountze , F. H. Davis. B. F. Smith. C. T. Kountze , J. J. Roache and T. B. McPherson. These are the officers : John A. Crelghton , president ; F. H. Davis , vice president ; Thomas B. Mc- Phcrson , cashier ; John C. French , assistant cashier. The directors of the South Omaha Na tional .bank are : J. H. Mlllard. B. A , Cud- ahy , H. C. Bostwlck , Guy C. Barton , Tru man Buck , J. J. Brown , J. P. Lyman. The only change from lost year was the placing of the name of J. P. Lyman , general man ager of the Hammond Packing company , o * the directory Instead of A. C. Foster , re signed. The officers are : J. H. Mlllard , president ; E. A. Cudahy , vice president ; H. C. Bostwlck , cashier ; Harry C. Miller , as sistant cashier. At the South Omaha Savings bank lost year's directory was re-elected , as follows : T. W. Tallaferro. A. C. Foster , H. C. Best wlck , Truman Buck and J. G. Allen. These directors elected officers as follows : T. W. Tallaferro , president ; A. C. Foster , vice president : H. C. Bostwlck , caehler. The directors of the Packers1 National bank are : John F. Coad , A. W. Trumble , F. J. Morlarty. Amos Gates , Luther Drake , J. E. Curtl. Elmer E. Bryson , Fred Evers and C. D. Brown. Officers were then chosen as follows : John F. Coad , president ; A. W. Trumblo. vice president , and Frank J. Morl arty. cashier. OVER THE BURNING SANDS Noble * of the Mytlo Shrine Jonrney to Lincoln to Meet with the Member * of Seotrl * Temple. About twenty-five nobles of the ancient Arabic Order of the Mystic Shrine of Tangier temple chartered a special car and started for Lincoln Tuesday afternoon to attend a ceremonial of Sesostrla temple. H was ex pected that the Twenty-second Infantry band would accompany them , but Illness of several of the members of that organization necessitated their remaining at home. The car was attached to the Burlington train which leaves here at 4:25 : p. m. Sev eral who anticipated going missed the train. Otliers were picked up In South Omaha and at other points along the line. The party from Omaha consisted of the following no bles : Past Potentate H. II. Hardy , Nobles M. H. Collins , Chris Hartman , B. F. Thottos , B. E. Wllcox , Theodore Living- stone , John W. Hlrat , S. R. Crlckmore , F , W. Richards , Arthur Brlggs , George White , Robert Carlton , Alfred M. Oleson , George H. Thumrael , George SellgsoUn , Cadet Tay lor and John F. Shultz of South Omaha. PROVES TO BE A SMOOTH ONE Conrtele * Extended to a Young Woman at Klrkendnll' * Establish ment and She Steal * All In Slsht. One of the most daring cases of theft , else the misfortune of kleptomania , occurred at the establishment of F. P. KIrkendall & Co. Monday afternoon. A young woman , short and stout , wear Ing a plush mantle , asked' to retire to one of the rooms In which some traps belonging to the female employes were banging. Noth ing was thought of It at tbo time. When she left , however , several pocketbooks , some jewelry and a fur cloak accompanied her , The matter was Immediately reported to the police when the discovery was made and detectives are now working on the matter. ChnnKC * the Company Name. The annual stockholders' meeting of the Lee-Clarkc-Andreesen Hardware company was held Tuesday afternoon at 4 o'clock The company name was changed to the Lee- Glass-Andreesen Hardware company. The old oilleers were re-elected for the ensuing year and are as follows : H. J. Lee. presi dent : J. C. Lee , vice president ; E. M. An draesen. treasurer , and William Glass , score tary. It Dried the Clotlilnor. A fire In the frame dwelling owned anc occupied by Spencer Otl > , 2102 Lothrop street , resulted In damages aggregating $100. The blaze started from some clothing that was hung over a hot stove to dry. DEALS WITH LAW BREAKERS 'udgo Hunger of the United States Court Sentences Prisoners. COUNTERFEITERS ARE BEFORE THE BAR John Ilrovrn Get * Seven , John Mc- Carty Vive and Mono * Ilolicu Three Year * In the Penitentiary 'at Sioux Pall * , 9. O. Tuesday afternoon United States Marshal Thutnmell and his assistants lined up a motley crowd of convicted prisoners before Judge Munger , who proceeded to dispense a few fine * and sentences by way of re minder that It don't pay to sin against Jnclo Sam. The big prlzca were won by John Brown and John McCarty , who got seven and five years , respectively , for counterfeiting. Before taking up the question of een- ences Judge Munger overruled the mo tion for a new trial In the case of Brown and McCarty. He hold that the variance Between the facts alleged In the Indictment and those which appeared In the evidence was not sufficient to furnish an adequate basis for another trial. In regard to the contention of the defense that the prisoner could not be convicted of having passed counterfeit coins as "true and genuine , " because the secret service agents to whom : hey had cold them knew they were coun- : erfott when they took them , the court took : ho view that the Intent to defraud could not bo alleged and that there was not suffi cient proof to justify conviction on these count ? . He stated that ho would therefore not consider these counts In passing sen tence and would overrule the motion for a new trial on the remaining counts. Seven and Five Year * . The attorneys for the prisoners spoke Briefly In an effort to Induce the court to lenient In Its Judgment and emphasized the statement that they had to be led to offend by the officers , who had furnished the evidence 'by ' which they were convicted. Judge Munger then sentenced Brown to pay a fine of $100 and costs and servo seven jears In the penitentiary at Sioux Falls , S. D. , on each of four counts , the sentences to be concurrent. McCarty re ceived the same fine and a five years' sen tence on two counts. Moses Koben , the old man who Is alleged to have spent a lifetime In manufacturing counterfeit coin , was given a sentence of three years at Sioux Falls In addition to a fine of $100 and costs. Roben Is 73 years old and his age Is presumed to have op erated In his favor. Charles Hauffler , a farmer boy from Har- lan county , was fined $26 and costs and sentenced to six months in the Dodge county Jail for passing a counterfeit $10 bill In the summer of 1897. It was state ? In his favor that this was his only offense and that otherwise he had borne an ex cellent reputation. As his sentence dates from the first day of the present term of court , October 14 , he will bo out In time to help plant the corn crop In the spring. Peter Rlggs and Robert Tompklns were fined $100 and costs and sixty days each In the Douglas county jail for Introducing liquor on the reservation. Their sentences date from the first day of the term. Dorney Cae Near * the End. The case of the United States against Frank M. Doraey of the defunct Ponca bank Is approaching Its end and It Is ex pected that the government will rest some time today. W. B. Logan remained on the stand during most of the day yesterday and continued his Identification of the notes and tickets In regard to which he was In terrogated on the preceding day and later W. A. Hartley , clerk for the receiver , was called and started over the same track. It Is not expected that the defense will Iccupy as much time as the government has required and It Is possible that the case will be finished this week. CONVENTION OF WOODMEN Called to Elect Delegate * to the State Convention that I * to Be Held In Lincoln Next Month. The county convention of the Modern Woodmen of America met In Myrtle hall In response to a call to elect delegates to the state convention , which convenes In Fre mont during February. E. D. Rice called the convention to order and stated the pur pose of the meeting. J , W. Houder of Beech camp , and P. C. Schroeder of Maple camp Omaha , were elected , temporary chairman and secretary , respectively , by acclamation. The chair appointed a committee of five on credentials , consisting of Messrs. Ridge- way , Bralley , Cannon , Thornton and Allen. Messrs , Rlcpcn , Cady , Johnson , Harris and Crevtston were appointed a committee on permanent organization and the convention took a recess for half an hour to allow the committees time to act. When the convention reconvened the cre dential committee reported twelve camps represented and fifty delegates present. The committee on permanent organization pre sented the names of George Reynolds for permanent chairman and George D. Rice for permanent secretary. The committee fur therj-ecommendod a committee on expenses , consisting of C. H. T. Rtepen , P. E. Pearl and T. P. Thornton. The report of the committee was adopted without a dissentIng - Ing vote. Each delegation was authorized to cast full ballot of the delegation. J. W. Barnett , 120 ; C. H. T. RIepen , 120 ; T. % P. Thornton. 1833 ; John S. King , 1454 ; E . F. Bralley , 945 ; D. E. Redgeway , 1895 ; Mons. Johnson. 2055 ; E. R. Myers , 1300 ; J. W. Houder. 1454 ; Barney Harris. 2722. Alternates S. Trostler. 120 ; George D. Rice. 120 ; C. A. Brlmes. 945 ; Frank Whit- marsh. 1454 ; J. W. Boukal. 4771 : W. F. Chapln. 1454 ; D. W. Cannon. 1330 ; J. C. Robinson. 1300 ; Philip Steen. 4944 ; S. P. Southlnck , 40S5. ODDITIES OF POISONING. See May Bat with Impunity Certain Font * Which Arc Rank Tolion to Other * . The constitutional differences and pecu liarities which exist among individuals should always be carefully watched and con sidered. One person can handle poison Ivy with Impunity while another Is poisoned If only in the vicinity of the vine and without contact. Some members of a family resid ing in a malarial district will suffer regularly with chills and fever while other members will not be at all affected. Food that Is actually poisonous to eome persons , will not so act on others. One per son may ent all kinds of green fruit and vegetables with Impunity , while another person could do so only at the risk of life. Certain kinds of fish are actually poisonous to some people and perfectly wholesome to others. It Is this peculiar condition of the system which constitutes the danger point In the. Individual case and should be prudently ob served bv each one for himself. Intestinal derangements frequently arise from and are aggravated by certain kinds of food. Thus a person affected with kidney or liver trouble should not eat very white bread since thn extreme whltenesu Is often produced by the use of alum with an Inferior article of flour and as alum IB known to be poisonous In Its effects on a sound constitution , this Is why alum baking powder Is never used by people of judgment and discretion. More of earthly happiness depends upon whivt we cat than many people realize and I Is for this reason that the different states are one by one passing pure-food laws. I Did * on City I'rlntlnir. According to the resolution which the ! council haa adopted city printing must la ho future bear the union label. The first ontract for city printing under this resolii- lon will be let for the supplies that win o needed this year. Ul < ln for this work were advertised for several weeks ago and were received , but they were rejected In ntlclpatlon of the action which the council took. The printing which the city annually equtrcs costs on an average $5,000. FRIED DENIES THE "CHARGE tlmt He linn Not tli-en ItccclvltiK Any Stolen Property nnd the Stuff Taken Wn * IIU Own. Max Fried appeared bcforo Judge Gordon nd entered a plea of not guilty to having ccelvcd stolen goods. The case was con- Inued for trial. The search warrant which was the founda- lon for the complaint alleged that Fried ocelved five butts of tobacco and two sncka of coffco belonging to T. J. Williams , pre- umably Mullen , and two sacks of grami- ated sugar belonging to Shaw & Fell. The omplalnt charges him with the receipt of 00 pounds of roasted coffee belonging to T. J. Mullen. This was , according to the omplalnt , sold to him by I. Schwartz. Fried holds that the officers went to his place at 2403 Leavenworth street and took offee from the bins and filled sacks with It. le says It would be Impossible for an expert - pert to select coffee under similar clrcum- tances , because the bins contained different kinds. Ho Insists that ho has been guilty of no wrong-doing. His attorney , Jeffries , alsed the same point concerning the search warrant as was emphasized last week In the gambling cases that Is , that the warrant nust set forth the exact location of the julldlng to be searched , the floor of th mlldlng and the city and county In which It s situated. In the gambling case Judge Gordon held the point well taken , denied he writ and ordered the return of the ablefl , cards and chips which had been con- iscated at the time the gamblers were ar > csted. Tuesday afternoon Attorney Jeffries In- Isted upon taking up the compfalnts upon which Frled's two stores had been searched , le raised the point that no location was given In the warrant and It was therefore nvatld. Judge Gordon ruled this to bo true nd denied the writ. He ordered the return f the articles enumerated upon the back f the search warrant. This meant the removal of all the ma- erlal evidence against Fried. Deputy County Attorney Thomas protested , but an order was written by Mr. Jeffries Informing the ollce that they should turn over his prop- rty they had taken. This order was dis obeyed by Captain Donohuo and the court about to clto htm to appear to answer o the cliargo of contempt when the captain hanged his mind , The coffee and sugar delivered to Fried and ho was per mitted to place the sacks In his wagon. Then he was rearrested and the two men , 'aylor and Brown , who were with him. All were locked up until Fried agreed to permit ho poNce to keep the goods until his trial t they w&uld release him and his two men. 'his was conceded. The case against Igadorc Schwartz and Si Sutton , who are accused of stealing the five butts of tobacco from Paxton & Gallagher's ilatform , afterwards found In Frled's store and recovered without the aid of a March warrant , commenced before Judge Jordon about 4 o'clock. Employes from 'axton & Gallagher's store Identified the obacco and a. boy testified that ho saw the Wo defendants loading It Into their wagon a block way from where It was stolen. The efense sought to prove an alibi by Isadore Schwartz and his father , who testified that hey were selling turkeys In South Omaha at the tlmo the robbery occurred. Max ried denied that he had ever bought any obacco from the defendants and that they tad not been In his store since sometime In > ecember. Homer Painter haa flled a complaint In po- Ice court charging 6eorgo W. Wilson with housebreaklng In tdaytlrae. He urges that on December 33-Wilson forced his , way nto his room and 'extracted an overcoat. J. R. Turner -was flned $10 and costs for the larceny of two 25centmirrors from Mary Doran. According to Turner's testi mony he and a friend were out taking In the town when the mirrors were stolen. ( What Is commonly known as heart disease Is frequently an aggravated form of dyspep sia. Llko all other diseases resulting from ndlgestlon , It can be cured by Kodol Dys pepsia Cure. It cures the worst forms of dyspepsia. It digests what you eat. Will DUciiNH McClenry Dill. The Young Men's congress met at the Young Men's Christian association building last night for the first time since the holi days , but the fact that two of the speakers were kept away by Illness necessitated the postponement of the scheduled program. The members had expected to discuss the Mc- Cleary bill , but this was postponed to next Tuesday night. The members decided to challenge the Crystal league , another ama- : eur debating society , to a joint debate some Imo during the winter. Actre * * and Author Divorced. CLEVELAND , O. , Jan. 10. A special from Norwalk , 0. . says : Jennie Dunbar-Hall , the actress , formerly leading lady of E. H. Sothern's company , has been granted a di vorce from T. W. Hall , better kno n under his literary name of "Tom Hall. " on the ground of habitual drunkenness. Hall Is a West Point graduate and served through the Santiago campaign as regimental adjutant of the Rough Riders. Ho Is a wrtter of con siderable reputation. LOCAL BREVITIES. Bert Ford has been granted a divorce from May Ford on the ground of desertion. His wife left him five weeks after their mar riage. Prof. Brunner of the University of Lincoln , who has been giving a number of talks be fore the school teachers Friday afternoons , will give a free lecture Thursday evening at 8 o'clock In the assembly rooms of the city hall. Joseph M. Robenson , a druggist afc Chad- ron. has asked to be declared a bankrupt. His debts amount to $2.926.40 and his only possessions consist of a house and lot worth (1.000 ( with a $750 mortgage and some per sonal property. The regular monthly supper will be served at Unity church parlors this evening at C o'clock. This will be followed by a French musical and dramatic entertainment , under the direction of George Chatelaln. The Woman's alliance will meet In the after noon to work for the Visiting Nurses' asso ciation. The New England Sheep company flled articles of Incorporation yesterday with the county clerk , $100,000 being the capital stock. The names of the Incorporators are W. E. Outhrle of South Omaha. E. M. Gibson and Mary O. Gibson. The company is to raise live stock In Wyoming and deal In Ilvo tock generally. ANSWER IS FILED IN COURT Omaha Bridge and Terminal Company Makes Its Showing , VIEWS ON FOURTEENTH STREET MATTER Contention In Mnilc thnt ( hn Action of the riiilntlrr In .Not S u oh a * to .Inntlfy Continuance of Injunction. The answer of the Omaha Bridge and Terminal company has finally been filed In the Injunction case brought agnlnst It by John A. Scott cs trustee for the Omaha National bank and the Omaha Loan and Trust company to keep It out of the forty- foot strip running through the Horbnch prop erty , along the old IJarbed Wire works site , to Fourteenth street. Recently the Omaha Bridge nnd Terminal company purchased the track of the Union Pacific running along the west side of the strip In dispute. The whole controversy Is whether the Omaha Bridge nnd Terminal company should bo permitted to use the strip , ns the Union Pacific has for four years , or whether the strip Is to bo con sidered as a means of Ingiess nnd egress for the vUro works property. Tha strip runs southerly Into Fourteenth , street and slightly to the eastward , at a very obtuse angle to the street. It has been said that the hand of the Omaha & Council Bluffs Bridge and Rail way company Is behind the Scott suit. Rome \\cek8 ago , -while General Manager Webster had some men atsork on the forty-foot strip tearing up the track Scott obtained a temporary Injunction from Judge Fawcctt of the district court and the mat ter has been tied up ever since. Now that the answer of the defendant has been filed n hearing may be had at any time. The document gives the history of the descent of title In the wire works property , a 300-foot piece , from John A. Horbach , through Manager .Martin M. Marshall of the wlro works nnd his widow , Mary Marshall , and thcnco to Trustee Mlllard nnd to Trun- tco Scott for the Omaha National bank and the Loan and Trust company , the bank get ting the north half nnd the Loan nnd Trust company the south half. Marshall erected his wire works In 1887. Mrs. Marshall sold the north half last January to Mlllard and Mlllard subsequently convoyed It to Scott In November by a special warranty deed. The south hnlf was sold by Mrs. Marshall In June , 1897 , to the Loan and Trust com pany. The wlro works are on the latter hnlf. All this property Is on the west of the forty-foot strip. On the other side of this strip was a piece of property which the Omaha Bridge nnd Terminal company purchased from Mrs. Mary F. Burke last May for $49,800 , the deal hnvlng been made through E. T. Stotesbury , trustee for the company. It had been under stood that the two railroad companies op- crating tracks In the strip , the Union Pa cific and the Chicago , St ? Paul , Minneapolis & Omaha , did so by the sufferance of Mrs. Burke and under an agreement to remove thom , at any tlrao aha demanded It. The agreement between the Omaha Bridge nnd Terminal company and Mrs. Burke , says the answer , was that whenever It desired It to be done Mrs. Burke would have the tracks removed. She did have the Chicago , St. Paul , Minneapolis & Omaha's track removed and bad notified the Union Pacific to remove Its , but the Omaha Bridge and Terminal company bought the Union Pacific's track after the Union Pacific had made prepara tions , but before the work of removal began. According to the document It Is recalled that after Horbach sold the wrro works property to the Marshalls ho procured the two railroads to lay their tracks along the strip in question , as though he still had possession. These-tracks were for the bene fit of the Marshall enterprise , but the Omaha Bridge and Terminal compnny alleges that the title to the strip was never conveyed to the Marshalls nnd therefore could not be asserted by the Omaha National bank and the Omaha Loan nnd Trust company. The answer also sets up that efforts have been made to ascertain the exact boundary line between the properties of the litigants. Vlco President Webster of the Bridge & Terminal company made a personal Investi gation nnd ascertained that the railroad tracks existed by the sufferance of Mrs. Burke , and before the consummation of the deal with her ho asked the bank and the Loan and Trust company just what the preclso boundary was and the extent of their Interests , representing to them that he was about to purchase the Burke property , In cluding the forty-foot strip. Ho was Informed by them , so says the answer , that they owned the Marshall prop erty and no more , and the bank had a fence put up around Its portion , and the Loan nnd Trust company secured a survey of It nnd furnished Mr , Webster with a pl t. No claim was asserted by them to the strip at the time , says the document , nor were any references made by Mrs. Marshall to It In any of her deeds except that In the deed from Mr. Mlllard to Scott a reference to a use of It was made , but that this was In serted subsequently to the Burke sale to Stotesbury. On the strength , therefore , of the silence of the plaintiffs as to any claim to the strip at any tlmo leading up to the Burke sale , 'and the further fact that the piece of the Marshall property held by the bank la vacant and unimproved and the barbed wire works slto proper Is being held by the Loan and Trust company simply for sale , tbo Bridge & Terminal company asks that the defendants to bo estopped from any In junction. Onlcr 1 * About Due. Judge Scott says ho has his disbarment order against Carroll S. Montgomery about ready and may deliver It at any time. He had not fully decided upon his committee yesterday. This la one of the outcomes of the Streets of Cairo contempt proceeding. The Judge says he has heard that certain persons are talking about nn attempt to Im peach him , but ho Is not worried In the least , as ho has done nothing , ho says , that would furnish the slightest pretext for nny proceedings of that character. Inquiries made of the attorneys most Immediately In terested fall to verify the Judge's suspicions. "I positively know nothing about It , " said Mr. Montgomery when asked. l.enrn of Ijxnoftltlon. Secretary Smith of the Greater America Exposition finds his mail growing heavier each day with letters of Inquiry from pros- Listen to Our Song It's nil about our misses' nnd chil dren's shoes Drex L. ( jliooman always tnlks about our $1.50 shoes not because we haven't any others , but beeauso these are the best $ l..r > 0 shoe made Todny we want you to know that wo have the largest and most complete misses' nnd child's department any where It's larger and the styles more varied Shoes In llKlitwelRht patent leather for dress , to the calf ami exten sion soles for hchool $2.00 , $2.IB and ? 2.50 for misses' ? 1.50 , ? 1.75und $2.00 for child's. Drexel Shoe Co. , Omaha' * Up-to-date Shoe HOB * * . 1419 FARNAM STREET. ' SISTERS OF ST. FRANCIS. Use Pc-ru-ni for Doughs , Gelds , Grippe and Catarrh A Governor's Letter. , ST. VINCENT'S ORPHAN ASYLUM , EAST MAIN ST. , Columbus , Ohio , ST. VINCENT'S ORPHAN ASYLUM. EAST MAIN ST. , COU. ROSE AVK. , COLUMUUS.O. Dr. S. D. Hartman : "Somo years ago a friend of our Institution recommended to us Dr. llarlman'a 'Pe-ru-nn' as an excellent remedy for the Influenza , of which \\o then had several cases which threatened to bo of a serious character. " \Vo began to use It and experienced such wonderful results thnt since then Pc-ru-na has become our favorlto meillclno for Influenza , catarrah , coughs , colds and bronchitis. SISTERS OK ST. FRANCIS. "St. Vincent's Orphan Asylum. " CHARLESTON. W. Va. , March 9 , 1898. The Pe-ru-na Drug M'fg. Co. , Columbus , Ohio : Gentlemen I can recommend your preparation , Pe-nl- na , as a tonic. Its reputation as n euro for catarrh Is ex- cellcntt It having been used by a number of people known to me with the very best results. Very truly , G.V. . ATKINSON. Dr. Hartman , one of the best known physicians and sur geons In the United Steles , was the first man to formu late Pe-ru-na. It was through his genius and persever ance that It was Introduced to the medical profession of this country. Send to The Pc-ru-na Drug Manufacturing Company , Columbus , Ohio , for a free book written by Dr. Hartman. pectlvo exhibitors and concessionaires. These come from all parts of the country , and It is significant thnt many of them are from parties who were here lost summer and are ncixlous to como again. Not a few of the letters , also , are from men deelrlng po sitions with the new exposition. SOUTH OMAHA NEWS. While the packers and live stock commis sion men appreciate the now fast mall serv ice between this city and the east , com plaints are being made about the collection of molls. Under the new system Chicago mall Is now delivered to the packers nnd commission men at 10:30 : o'clock In the morning Instead of at 2:30 : or 4 p. m. as formerly. The arriving malls have grown so heavy of late that with the help now employed proper attention cannot be given to the collection of mall at the packing , houses and exchange. Eight mall carriers are now employed and at least two rnoro are needed to handle the rapidly Increas ing buslnces. One man should , It Is stated , be employed exclusively for collecting mall at the packing house offices and the ex change building. The collections as now managed are not satisfactory for the reason that proper attention cannot bo given to the matter of getting mall for points out- sldo of the big cities out on time. Shippers have complained that their re mittances are much slower than under th old system and It is asserted that market reports are Also later In arriving at their destination than formerly. Every employe of the postofflce Is doing his best to handle the big malls , but aa the carriers ore not allowed to work more than eight hours , the present force cannot handle the lettera. More help Is badly needed and the attention of the postmaster general will be called to this matter shortly. Like * South Omnlia Market. John Anderson , a veteran Iowa stock man , located at Atlantic , was a visitor at the stock yards a few days ago. In speaking of the ilvo stock situation In Iowa. Mr. Anderson eald that quite a number of small leaders lost money last seaton by paying too much for feeder cattle and on this account , some are going out of the business. A good crop of young hogs Is in sight and before long the supply will bo up to former seasons. Mr. Anderson 'par ticularly mentioned the fact that shlppqrti are now coming to this market In prefer ence to others. Those who have tried the South Omaha market have returned homo satisfied and have told their neighbors. At the present time nearly all the hogs In the section of the country around Atlantic are coming here , while the cattle ship ments to this point are on the Increase. This. Mr. Anderson thinks. Is due largely to the Improved service now being fur nished by tbo railroads. There la little If any delay at the Council Bluffs transfer and this has done much to Influence ship pers , besides the great saving In time and shrinkage. In referring to the outlook for cattle during the coming aprlng" and sum mer Mr. Anderson was of the opinion tb t export cattle at least will sell atverj > s t- Isfactory prices , In fact , ha bejlevfs prices will rule as high as $ ejr'havo been for a number of years. Cltr Will Fl ht the City Attorney Montgomery Is engaged In preparing a defense In the Twenty-fourth street paving case , which comes up In the district court Thursday. This Is the eutt started by E. Stenger and others to annul the special paving and curbing taxes levied for the purpose of redeeming the paving and curbing bonds Usued at the time the work was done. This tax amounts to over $100 for every lxty-foot lot and If the courts hold that the levy was Illegally made the city t large will have to pay the total cost , which amounts to over 1100,000. _ _ _ GoilKlu * Held to Atmvrer. Yesterday afternoon Judge Dabcock held Dan Gotlglns to the district court for fur ther examination and fixed his bond * tit $300. As soon as this decision was mad a Goilglns was taken to the county jail. It will bo remembered that Cotlglns threw a brick through a plato glass vtlmlow In tha new Joslln block. The statutes provide that In caste of malicious destruction of property the magistrate must Imposu n sen tence of thirty days In the county jail and a fine of twice the value of the property destroyed. As the value of the glass was $70 the Imposition of this flno was a prob lem for the judge , as judges of the jiollco court cannot Impoeo a flno exceeding $100. Judge Uabcock called the attention of County Attorney Shields to this section and It was decided that the only thing to do was to bind thoprlsoncr over. Blnulo City New * and Golp. Sam Christie has returned from a trip to Chicago. John Clay of Chicago spent yesterday In the city looking after his property interests here. here.Mrs. . M. A. Young obtained a building per 'I mit for a email house at Twenty-fifth and M ' streets yesterday. The local office of The Omaha Dally Dee has been removed to the new city hall building. Telephone 27. Ellen , the 3-year-old daughter of Mr. ana Mrs. Peter Derail , 291C S street , died yes < " terday. Notice of the funeral will bo made I later. As was expected , the directors of the South Oidaha Live Stock exchange re-elected Colonel A. L. Lott secretary nnd Thomas D. McPhcrson 'treasurer. ' Edwin C. Price , general manager of Swift te.nd Company's plant here , was dealing out i the cigars yesterday on account of tbo ar rival at 'hi * liouee of a daughter. Mrs. Frank Cramer of Cleveland , O. , wlfo of Major Cramer , the superintendent of con struction , of the new federal building , to spending a few days with her husband here. George Raworth la In jail charged with malicious destruction of property. It la as serted that Raworth broke two windows la Schulcr'a saloon , Twenty-fourth and L Btroots. On account of the fog which hung over the city yesterday the electric light plant was kept In operation all day in order to supply lights for the Exchange building , tbo bonks and business IIOUBCB. Miss May Uabcock , daughter of Judge and M'.s. W. S. Habcock , Is confined to her bed \\lth a broken collar lx.no. Miss Dabcock waa seated on tbo edge of a ncttco at homo Monday evening , when In some way she lost her balance and fell 'to the floor , Incurring the Injuries mentioned. I On Thursday evening of this week Clover j j Leaf camp , No. 8 , Royal Neighbors of Amor- i lea , will glvo a grand concert and ball at ' Modem Woodman ihall. Hotel.'I been given places on the program arc : E. G. J Rozzolle , Ed Hammond , J. C. Carlcy , C. O. 1 lirowncll , Mien Lena Cox and Miss Bertha Ilcce. Upchurch lodge. No. 2 , Degree of Honor , has elected and Installed the following of ficers : Mm. Lizzie Dornn , T. C. of II. ; Mlna I ? Theresa Desmond , C. of H. ; Mrs. P. Pratt , L. of H. ; Mrs. C. Ash burn , C. of C. ; Annlo O'Hara. R. : Mrs. Alice Sullivan , F. ; Mrs. Margaret Volz , R. ; Annlo Doyle , U. ; Mrs. Nary , I. W. ; M. Marrett , O. W. ; Mrs. Mary Lemke. M. ; Dr. W. J. McCrann , M. E. You want to live Or you wouldn't seek the services of the physician or pharmacist when overtaken by disease. In Illness a good physician Is essential almost as much a competent pharmacist one who will not wilfully or Ignorantly - ) antly glvo you the wrong drug. The motto of our prescription department whole store In fact Is Constant Watchfulness. THE ALOE & PENFOLD CO. , 1408 Farnntn. OMAHA. Op. Paxton Hotel. Pianos Are Cheap Now Good pianos Imvc always been cheap with us from ? . " 0 to $100 less than they could be boupht for elsewhere Not ouly Is this Having on one piano , hut a dozen different makes Among which nre the Klmball , the prize winner the Kranich & Hnch-tho Knnbc the Ilallet & Davis nnd the Hospe An untarnished reputa tion of U."i years In the uno location makes our guarantee a valuable one Our terms are either cash or tlmo 'pay ments. A. HOSPE , Music and Art. 1513 Douglas.