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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 3, 1899)
o TUJiJ OMAHA DAILY 13 HE : 1 ? HI DAY , MARCH JJ , 18Ji ) , Omnha , March 2 , 1JW , 0 009 Newest and choic- cst designs , Exquisite ' Point Venise Applique Insertings , Edgings and All-Overs , ' The new Point de Rose Appliques and All-Overs. Applique Bow- Knots' and the very latest , Butter flies. These In three nines to match. Handsome tucked and corded satins nnd taffetas. Batlnn nnd Taffetas , embroidered with gold , silver and chenille. Narrow Uuchlng Trimmings , Ulbbon Iluming , Headed and Spangled Nets and Garnitures , Silk and .Mohair Ilralds and Braid Sots. Jets by the yard nnd Jet Pieces. An almost endless variety of fancies. THE ONLY EXCLUSIVE DRY GOODS HOUSE IN OMAHA. A. M. c. A. nriM.vn , con. KITII AMI not ( ; IA.H .vrs. IIISCOX MEETS HIS ACCUSERS Motion to Dismiss in Sellers Murder Trial is . ; , , Overruled , iw > ' ' : V ? " DEFENSE DISCREDITS WITNESS FOR STATE Anrroiv tlic Crime In Three 1'criielrntorn Victim 'In Shot ut Cure After Arrival of the Ilrotlicrn. TEKAMAH. Neb. , March. 2. ( Spcclal.- ) The defense In the case of the Stutc against Calv.ln Hlscox , charged with the murder ol Fred Sellers on June 2 , 1S06 , was begun by filing a motion for dismissal , on thu ground that the state failed to make a case. PendIng - Ing the argument of this motion the jury was cxcubed from the court room. After the arguments the court , In sum ming up , held that It was uot his province to pass on the credibility ot witnesses ; thai there was sulllclunt evidence produced Ir this case. If true , to show that Olive Hlscox never killed Fred Sellers. Then It musl have been done by cither Calvin or Granl Hlscox 'or by Fred Sellers himself. Itwas also shown In evidence that Fred Sellers was 'shot Immediately after the arrival ol the Hlscox boys In Oakland on the morning of June 2 , 1896. The motion for dismissal wns overruled. George Rlley of Blencoe , In. , was the first witness for the defense. He said that he was ( Acquainted with James Cowhlck , a wit ness who testified for the state , and that his reputation for truth and veracity was bad. James Owens , Henry Owens nnd H. D. Byrnm testified to the same facts as did Rllcy. J. G. Arthur nnd Peter Lund testified tha ! they were present nt the house the day ol the murder. Their .testimony wns unlmpor- tnnt. With'this ' the stnto , rested. The afternoon was. occupied toy the argu ments to the jUry.r- ' MURDER FOR SAKE OF A GIRL YOIIMK Man Kill * a Kuvored Suitor In Kit of JealoiiHy anil Later IQiuls III * Own Life. FAIRBURY/Ncb. , March 2. ( Special Tel egram. ) Bert Grnndy shot ajjd Instantly killed Clyde Cole about midnight last night , Orandy-and Cole were at a concert nt Endl cott and both walked home with a young woman. Arriving at her homo Grandy asked her which she preferred , himself or Cole , and when she answered "Colo , " Grnndy drew a pistol and shot Cole through the heart. Grandy then went about a half mile west ot Endlcott and committed suicide 'by ' shoot ing lilmself through the bend. The men had been employed on the sec tion near Endlcott. STOCICMA.V ACUL'HUII 1IY IAUiHTKU AVeultUy C'attlu Dealer IN cur Cliailron Held mi SerloiiN Cli a ! < . CHADRON , Npb. , March 2. ( Special Tele- gram. ) John Wright , a well known nnd prosperous -cattleman , living In Sheridan county , northeast of hero , was arrested this W'eelc on the charge ot Incest , and his pre liminary hearing was held In Rushvlllo yes terday. It resulted In his being bound over to the district court In the sum of $2,000. Mr. Wright wal\cd examination. The complaining witness , Wright's eldest daughter , 22 years 'old , swore that her fnthet had been Indulging In Illicit relations with her for thq last two years and nt frequent intervals. It Is believed by many that the case Is merely the outcome of n family quar rel. It seems thnt Wright nnd his wife arc Incompatible and their married life has not been satisfactory for several years. I'romlNc or Ooiiil Cropn , IMPERIAL , Neb. , March 2. ( Special. ) The sprlnc opens In Chase county with a eplondld 'ruin , which In addition to the moisture from the heavy snows of January and February , places the ground In splendid condition for furmlpg. Thorq has been mom Bnow on the ground this winter than any winter slnco ISDl. and whllo this town has experienced the 'coldest weather ever known here , yet there have been short periods ol warm weather suniclcnt to molt the snow nnd render the ground moist. The Intense ' freezing of the sell has , aa f'urmera believe , destroyed many of the eggs of the Insects that have heretofore been a menace to crops , In llallnay lliiiplfij t-H , WVMORH , Neb , , March 2. ( Speclal.- ) The new nlsh , ( passenger trains which will Co on between Lincoln nnd St. Joseph nexl Sunday will necessitate several changes Ir railway circles In thin city. Conductor Bol llellly , who has run between this city auO Lincoln for several years , will bo given one of the runs and will soon move bis famlli from herp to Lincoln , the other run gain ; to Conductor McGregor , who Is at preset ) ! running between Lincoln and Concordla The places made vacant by these promotion ! will bo given to peter Longqulst and Wil liam Coats , old-time freight conductors. INillc County > lorjtiin ( < - Iteooril. O3CEOLA , Neb. , March 2. ( Special. ) Thi mortgage record for the month of February Is as follows : Twenty farm mortgages filed amounting to 118,462 ; released , ntty-flve amounting to 152,194. City mortgages fllpd llest to lake nltvr dinner ; prevent distress , aid dlgek- tlon. cure constipation. i'ureljrvriwUljIui donot prlr or cauiu ) ln. 8olil l > r all drupvUti. ZS rcnl f reif ed eal | bjr 0. L Hood A Co. , Lowell , ilii * six , amounting to $4,200 ; released , two amounting to $1,740. Chattel mortgage ! filed , 100 , amounting to $26,117 ; released 139 , amounting to $42,757. GOOD HEALTH AND DISCIPLINE \oliruNUiiiin nt Manila Attract Atten tion nn Well Drilled and ( Valiant Soldier/ LINCOLN , 'March 2. ( Special. ) The fol lowing letter was received today by General Barry , giving some Interesting Information regarding the First Nebraska regiment : CAMP SANTA MESA , MANILA , P. I. , Jnn. 21. To the Adjutant General of the State of Nebraska , Lincoln : I enclose yoi : letters from the company commanders thai give better answers to your questions than ] can myself. I hope that they will prove satisfactory. I have Intended wilting you nt length ot the regiment , Its condition nnd prospects. Wo nre In camp nbout n mile from Manila near thu junction of the San Juan and the Pnslg rivers and nbout 400 ynrds from thi Filipino Insurgents , who occupy Spnnlsl public buildings , the powder magazine , con vents and the waterworks , which arc all on our front In the village of San Juan del Moute. Wo have to keep out heavy guards and outposts all night , but during the * day the duty Is very light nnd bnly four m&rnaTo ot guard at a time In the camp. We arc get ting in fine shape us far as discipline nnd drill are concerned , nnd I think we have the record on the Island for good behavior and haalth. I enclose you a copy of our two lasthcaltl ; reports , nnd I will only add that the men have learned thu Importance of keeping theli tents , camps nnd parsons clean nnd orderly , It Is no trouble now to enforce sanitary reg- illations , because everyone takes a prldo ii ] It. There Is no drunkenness In the c"om- mand nnd very few breaches of discipline. Today we were Inspected 'by the division Inspector , n regular army officer , and al though It had been raining and -the ground was extremely muddy he repeatedly re- mnrked on the fine appenrance of the com mand. He commended especially C , K and L companies , and afterward said , "I don't know that I ought to sny that ; because they nre all smart companies , " Then he snld , 'Well , an Inspector ought not to1 praise any thing , I suppose , but It Is so , anyway. " As wo were the flrstregiment to be In spected hero by the divisional Inspector , and fts wo did not have nny previous notice ( It was merely a regular weekly Inspection ) 1 think wo had something to feel proud of. Wo Unve n fine band now , the credit ol which Is nlmost entirely due. to Lleutennnt Richards , who has taken a great 'Interest In It. It goes to Corrlgldor Island tomorrow on an excursion , and nbout fifty of the men go with It. It Is nn nil-day trip ncross the bay to the Island , whose fortifications Spain was threatening the navy with , but which on investigation proved to bo conspicuous by their absence. What strikes everyone who visits this camp , especially foreigners , is the healthy , ruddy complexion of the men and their size nnd strength. Some of them were boyf when they left home. Their friends will be surprised to find them vigorous men when they return. JOHN M. STOTSENBERG. Colonel First Nebraska. One of the reports enclosed was that ol the brigade surgeon and was dated January 7 , as follows : First Nebraska Infantry , U. S. V. The camp of this company Is greatly Improved , The grounds nre well policed and nre guarded ngnlnst soiling by the men. Sick report remains ut 7 per cent. There nre only eight cases of Intestinal affections nml sixteen of mnlurinl disease In the regiment , The report of the brigade surgeon for January 11 was as follows : First Nebraska Infantry , U. S. V. The cnmp of this regiment wns seen nftor a henvy night's rain and looked exceedingly well. The hospital tents and dispensary arc to be especially commended. The grounds around the closets and kitchens are clean , refuse IK deposited In baskets nnd barrels nnd Is carted away from camp. Total num ber of sick Is seventy-seven , being 7.5 per cent , 3.9 per cent being side In quarters. All with slight affections. Cold Weather Injure * Wheat. GENEVA , Neb. , March 2. ( Special. ) The wheat In this section Is reported Injured considerably by the severe winter , the long est ever known. There wore only five clenr days In February , but the sun shines brightly now and the snow Is fast disap pearing. IS lid , of AMNiiult CIINI * . AUBURN , Neb. , March 2. ( Special. ) The King-Ellis case for criminal assault , which was the last of the ncrles which have had such wide notoriety , was tried In district court this week and the Jury last night re turned n verdict of not guilty. Kvlilenue IN . . HENKELMAN , Nob. , March 2. ( Special Telegram. ) In the preliminary examination wherein Ernest Bush was charged with the murder of Silas Bailey , it was held that there wns not evidence to warrant his being bound over to the district court. Hnllot at Navraiueuto , SACRAMENTO , Cal , , March 2. The sixty- ninth ballot tnken for United States senator today shows no further change In the dead lock , although Barnes received two votes more than ho did yesterday , owing to thu presence today of two of his supporters who were not present yesterday. The vote wac as follows : Barnes. 22 ; Esteo , 1 ; Burns , 24 ; Grant , 25 ; Scott. C ; Dovrles. democrat , 1 ; Ilosenfeldt , democrat , 1 ; White , democrat , 25 ; Plielan , democrat. 3. The Burns forces held n caucus this afternoon and decided tc stand by their candidate until another be nominated by n regular republlcnn caucus. Cereal Combine llau ! < n loivii. CHICAGO , March 2. The promoters nml , leading Interests In the proposed combine ol 1 cereal food manufacturers under the Amor- lean Cereal company decided today to aban don the plan In Its present form and return nil subscriptions paid Into the Illinois Trusl nnd Savings bank. The failure of receipt ol sufficient funds from the underwriters of the plan forced the withdrawal of the scheme. Attorney * Co mo to I | | < IM. . SALT LAKE , March 2. In the legislative investigation committee today there was some disagreement between Attorneys Vnr Colt and Evans. Van Colt struck Evans , bui members of the committee forcibly prevented further trouble. ANTM'ASS ' BILL ADVANCED Lieutenant Governor Gilbert's Measure ii Placed on General lilo , COMMITTEE RECOMMENDS POSTPONEMEN1 Report CnllH Out 1,1 % ply DlieuNnloii in AVhli'li lli'piilillciin Sriuttorx Sfiirc tliv I'oiitillNtN fur Tliolr I'IIM ! Itccortl. LINCOLN , March 2. ( Special. ) Prcsldcnl Gilbert's mill-pass bill won first blood Ii : the senate this morning. The railroad com mittee to which HID bill had been referred returned nn unanimous opinion that II should bo Indefinitely postponed. Senatoi Fnrrell believed the measure merited dls > cusslou nnd moved to amend the report sc thnt the bill would go to the general file That precipitated the discussion , which be came quite Interesting to the lobby nnd gallery - lory , as well ns thu members themselves Senator Farrell favored "going on record. ' "How about going on record two years ago ? " nskcd Stcele of Jefferson , "You wore In the majority then. " "Well , It Ecems to be the unnnlmous dls < position of the commlttco not to go on record this year , " replied the senntor from Merrlck. "What nbout two years ago ? " Insisted Owens of Dawson , seconded hy other mem bers. "Wo are glad to extend the glad hand and meet you half way this year , " said Senator Fnrroll , after slight hesitation , not cnrlnR to review the record of his party on this bill nt the last session , when they had a majority. "I think It Is unfair to Insist upon Sen ntor Farrcll's answering that question ( re ferring to two years ago ) , " remarked Van Duscn of Douglas. "It's a blow below the bolt. " Currle of Custer made nn able talk upon the motion to put the bill On general Hie , He snld be came from a district that had not elected a republican senator before In ten years. Every officer In the district was a populist. "After ten years of 'reform' In that district there Is not n slnglo office holder that does not rldo upon u pass , " said he. He referred to the $20,000 pass record of Auditor Cornell. Miller of Uuffnlc challenged thnt statement. "If you were a. member of the Investigat ing commlttcu , or hnvo rend the testimony taken before that committee , you would not doubt that assertion one minute , " replied Senator Currle. Continuing Senntor Currio said thnt thou sands ot dollars had been used by ofllclals of all parties In passes. It was an Injustice to the people who had to pay their fare. He would not charge ottlclals with being bribed by passes , still If railroads managed by the shrewdest business men of the land gave ? 20,000 worth of passes to one official they must hnvo expected something In return. If they didn't It was the only time they had been found giving something for nothing. Currio 1'iiyn Ills Fnro. Referring to his senatorial campaign , ht said his opponent ( Deal ) had been In posi tion to receive railroad passes nnd had dis tributed them to some of his friends In his district. Finally the limit of the numbei ho could receive was reached. Three friends applied for passes nnd ho could not fulfill their request. "I got those three votes , " said the senator , Schaal of Sorpy Did you furnish thorn passes ? "I never gave anyone a pass In my life , I never asked for a pass for myself , even I never rode a mile on n pass In my life , " was the blunt reply. Miller of Buffalo thdught ho held the dis tinction In the penate of bel'ng ' the only one who had never ridden on a pass until he heard the senator from Custer go on record , He pictured the opulent officeholder and a decrepit old -woman riding In the same seat pf a railroad train. The former pulls out his pasteboard , while the latter bought he : ticket. He touched up the lobby that-could make things nppoar white as snow that wore really as black as the Infernal regions. The platform ho ran on In his district was given ns follows : "I will have enough money left after paying my campaign expenses to pay my wny to Lincoln. If they rob me of all my income up there I'll walk home before I accept a pass. " The bill has gone to the general file , but ns there are now some ICO bills on file In advance of It there la a prospect that It will fall Into the hands of n sifting com mittee. If It comes up in committee of the whole several amendments will bo tacked onto the bill. Van Duson of Douglas will offer an amendment that stock passes shall be prohibited as well as other kinds. He says a stockman has no more right to ride on a pass than a lawyer. Suprfiiic Court CoiiinilNHluiiprN. When H. n. Ill , the bill renewing the lease of life of the supreme court commis sioners for another three years , came up for passage n few days ago It was laid over at the request of some of the senators. No reason was given , but It appears that Gov ernor I'oynter had arrived at the conclusion that ho would try his veto ax on the bill to see how well It worked. For that reason the senators have been laboring with him to have him change his decision. It Is rumored that S. F. 302 , the bill fixing the salary of the governor's 'secretary nt $2,000 and also fixing the salaries of all the deputies at the state house , depends somewhat upon the treatment of H. II. 114. The fusion members have arrayed them selves against this bill , It places the .ap pointive power In the hands of the supreme court , which Is still controlled by repub licans. With the three Judges and three commissioners the court Is now two years behind on nil cases before It. The clerk of the supreme court has filed the following report , In accordance with the Dltmar-Pollard resolution : To the Chairman and Members of the Commlttco on Fees and Salaries , House of Representatives : Gentlemen In compliance with the resolution adopted by the house of representatives February 27 , 1899 , 1 beg leave to submit the following report : The total amount of fe s received by mo from July II , 1890 , to January 1 , 1899 , was ? 53,80 .60 , I have expended of the above amount for clerk hlro and assistance In my ofllco $17- 155.30 , Net receipts for period named in resolu tion , nbout nlno years , $36,709.20. Respectfully submitted , D. A. CAMPBELL. Clerk of Supreme Court. 1'itocnnnixoH OF THH SHNATO. fiilliort'M Aiitl-l'iiNH Hill IN I'liu-i-il on Cent-rill Flic. LINCOLN , March 2 ( Special. ) S. F. 264 , by Smith of Antelope , wns Indefinitely pott- roned on recommendation of the railroad committee In the Bonato this morning. The bill sought to amend the laws relating to suits against railway corporations for al leged discriminations and unreasonable rates , and provided that when nny suit Is brought at law to recover unjust and un reasonable charges In any court of com petent jurisdiction , the burden of proof that the charges In controversy are just and reasonable shall rest upon the common car rier or carriers. The same committee also reported S , F. 2S9 for indefinite postponement. This Is the "anti-pass" bill Introduced by President Gil bert with the consent of the senate. As will be remembered , the bill being printed In full In The Dee at the time It was Intro duced , It provides stringent laws against tha giving or receiving of pauses nnd goes so far i as to prohibit railway corporations and I newspapers from entering into contracts to t exchange advertising for mileage , nlthoiiRt the constitutionality ot such n provision hat been doubted , Farrcll of Merrlck moved thnt the conv mlttco report bo not concurred In , nnd tin bill placed on Renernl file for considers tlon In committee of the whole. Ills mo < lion prevailed nnd the bill wns placed 01 general file , eighteen senators having votc ( to sustain his motion nnd twelve against. Hills on first nnd second reading occuplei the remainder of the morning session. In the afternoon S. F. 285 , relating to tin distribution of the county road tax In metro , polltan cities and cities of the first class was Indefinitely postponed. S. F. 18 , by Tnlbot , wns passed. This bll provides that "Any number of persons not less thnt ton , a majority of whom shall reside In thli state , may associate themselves together foi the purpose of organising n mutual bone company , nnd after securing 100 members may form nn Incorporated company to In sure the fidelity bf Its members holdlnf places of liust nnd responsibility In , to 01 under nny state , county , city , corporation company , person , or persons whatsoever , niu may become security for Its members foi the faithful performance of nny trust , office duty , contract or agreement , and may super sede any judgment or go upon any nppcn or other bond , nnd may become such surctj for Its members In nil cases where by lav two or more sureties are requited for tin faithful performance of any trust or ofllco Such company shall embody the word 'mu tual1 In Its nnnic. " Other sections ot the bill deal with the necessary provisions guarding the formation of such associations. A substitute for S. F. 191 was recom mended to pass. In committee ot the whole S. F. 133 , a curatlvo act , was recommended to pass. S. F. IDS , by I'rout , reducing "the " maxi mum rate ot Interest on rcficidluff bonds foi building debts from 7 to 6 per cent , wai recommended for passage. S. F. 115 , by Ne\\cll , making men who ow < taxes Ineligible hold office , was killed. S. F. 169 nnd C8 , curatlvo measures , wert recommended to pass. H. U. 31 wns recommended for passage It amends section 602 of the Civil Code tc strike out the words "married woman , " In subdivision v , and also strike out subdivision ix relating to taking judgments on warrants of attorney. S. F. 1S9 was recommended to pass. It 1 * Senator Reynolds' bill revising tlio presenl laws concerning the management of the pub lic school lands , the moat Important addltloc to the present law being : "If , after using due diligence to lease said land at nn annual rental of 6 per cent upon the appraised valuation , the commlsslonei Is unable to do so , he may offer the same for lease at loss than the appraised valua tion nnd lease R to the person or persons -Who will pay G per cent on the highest of fered valuation , as annual rental , If , In his Judgment , it Is to the best Interests of the staito to accept such bid. " S. F. 166 , enforcing the mowing of weed ! on public highways , wns much mutilated bj amendments , nnd recommended to pass. I'llOCEEDINKS OF THE HOUSE , Sellers' VotliiK Machine 1)111 IK Indefi nitely I'ontponcd. LINCOLN , March 2. ( Special. ) Standing committees this morning reported H. R. 532 , 482 , 493 , 502 , D28 , 127 , 539 , 326 , 415 , 506 , 497 , 415. 49. 201 , 428 , 279 , 474 , 498 and S. F. 56 and 62 to the ffeneral file , nnd Indefinitely postponed H. R. 491 , 380 , 383 , 25 nnd 211. Of the bills killed H , R. 25 wns Sturgess' ' bill defining fellow servants , and the liabil ity of corporations to employes In cnses ol Injuries. H. R. 491 was by Blake , relating to damnges sustained because of county bridges being out'of repair ; H. R. 380 was byCrockett , permfttlng the giving of bonds by surety oompauftw-ln civil cases ; H. R. 383 wns by Hlcks.v-provldlng for the ap praisement and- governing the sale of per sonal property tnken oif execution ; H. R , 211 was by Wheeler to prevent employes from being blacklisted by guarantee bond com panies. Of the bills placed on general fllo the following were the most Interesting : H. II. 532 Is 'the Beverly bill to prohibit the manufacture of harness and cooperage lu the state penitentiary. H. U. 482. by Hlbbert , Is a bill to define and regulate bucket shops. II. R. E02 is Dltmar's bill asking for $5,00d for the relief of Nebraska City on account of the smallpox quarantine. H. R. 326 Js by Sturgess relating to fees received by clerks of the district court and the payment of the same Into the county treasuries. II. R. 506 , by Detw6iler , provides for the foreclosure nnd Bale of a portion of the property to discharge the debt and a deliv ery of the residue to the defendant , H. R. 497 , by Detweller , makes It a mis demeanor for a person or corporation re ceiving money to demand of the payer the expense of the revenue stamp for the re ceipt. H. R. 279 , by Prince , provides that In mates of soldiers' homos shall not be obliged to surrender their pensions. H. R. 498 , by Tucker , regulates the busi ness of commission merchants nt public markets. Easterllng moved that the action of the house which yesterday Indefinitely post poned H. R. 84 be reconsidered and the bill bo placed on general file. The motion pro- vailed. The one section In the bill Is as follows : "Section 1. Thnt a railroad company re ceiving for shipment gqods , chattels or merchandise consigned to n point on the Hue of n connecting carrier under nn ngreement to transport thorn to the termhius of Its own road and to deliver them to the connecting carrier named In the bill of lading , or con tract of shipment , Is answerable therefor for their safe delivery to the place of their destination , notwithstanding nny contract , stipulation or agreement to the contract made between the original consignee nnd consignor. " Elwood of Gospor offered n resolution en dorsing the Initiative nnd referendum , which was tabled on roll cull by a vote of 41 to 40. The vote was divided on pnrty lines , with the exception of Hnrdy of Polk , who voted with the republicans to table the resolu tion. Ho explained that he did this because such resolutions were being offeicd only for the purpose of getting them printed In the record. Wright of NuckoJIs offered the following resolution nnd moved Its adoption : Whereas , the American forces In the Philippines have met with nrmed resistance by the Inhabitants of the Islands , resulting In great loss of life nnd property , with no prospect of material benefit to our country ; nndWhereas Whereas , the subjugation of the Philip pines Is not In harmony with the declara tion of war with Spain ; nnd Whereas , a continuation of the struggle will result In greater losses of life and larger expenditures of money ; therefore bo It Resolved , by the house of representatives of the state of Nebraska , the senate concur ring therein , that wo earnestly request the president to use every means consistent with the dignity of the United States to terminate the struggle , and we urge upon our repre sentatives In congress to assist In every way possible In bringing about n settlement ot our difficulties with the people of the Philippines to the end that our country may be at peace with nil the world. The chair promptly ruled the resolution out of order , because It was a concurrent resolution and must take the course of a bill , nnd could not be Introduced now with out a special message from the governor. On third reading H. U 177 was passed by a vote of 73 to 6 , The bill amends section 370 of the civil code to read as follows : "An affidavit maybe used as evidence to verify a pleading , to prove the service of a summons , notice or other nroccas. In an action to obtain n provisional remedy , an examination of a witness , a slay ot proceed ings , or upon n motion or application , and to prove a claim or demand of nny nature whatever In n civil action In Justice ot the pcacei courts , county courts nnd district courts wherein the defendant or defendant * are In default of appearance or answer. " H. R. 7 was passed by n vote of 70 to 11. The bill Is by Evans to provide for the AUbmlttlng to the electors of the state In the year 1900 the question of holding n constitutional convention. The house went Into committee of the whole with Smlthberficr In the chair. H. R , Til , the Zcllers voting machtno bill , wns first tnken up. This bill hail been consid ered mice before nnd recommitted tot amendment. When taken up today the ob jection was urged that the bill would compel the counties to purchase some special make of machine , and a motion to Indefinitely postpone the bill carried by a largo ma jority. H. R. 203 , by Jansen , providing that In changes of vcnuo of criminal cases to an other county the county attorney of the original county shall prosecute in the new county nnd shall be allowed necessary ex penses In addition to his salary In such cases. In commlttco of the whole this afternoon II , H. 191 , the Weaver Insurance commission bill , was taken up. There was little discus sion on the provisions of the bill until the taxation feature was reached. The original bill provided a 1 per cent tax ngalnst for eign companies doing business In the state. The committee reduced this to 3V4 Per cent. When this wns reached today Weaver moved that the rate bo fixed nt 3 per cent. An amendment by Grosvouor mnkUig It 2 4 per cent wns defeated nnd the Weaver amendment was adopted. Those who look the floor In opposition ta this discriminating tax wcro Olmslod , Bur- nmn nnd Clark , while those who spoke In Its fnvor were Weaver , Fisher , Burns nnd Hnl- lor. lor.Tho The bill as adopted provides n 2 per cent discriminating tax against. Insurance com panies of states other than Nebraska , and 3 per cent against companies from foreign countries. U was this latter tax thnt caused the debate. The section as ndoptcd relating to foreign companies Is ns follows : Section 38. Foreign country companies ol nny nnd every character whatever shall pay $500 for filing the legal papers needed tr comply with this net , and the certificate ol the commissioner admitting them to trnnsncl business In this state. A company conduct ing more than one line of business shall pay $ COO ; for filing copy of nny amended charter $300 ; for filing nnd examination of animal statement of the business done In this state and nation , $100 ; for filing and examination of the annual statement of business trans acted In foreign countries , the previous year , $50 ; for each agent's certificate , $2 ; two certificates ot publication , $1 ; company1 ! annual license or copy of same , $5 ; copies of papers , 10 cents per folio , nnd seal , $1. The American manager or trustees of any foreign country company shall In Jnnuary of each year certify to the Insurance com missioner , under oath , the amount of gross premium receipts for the preceding calendai year upon Insurance effected upon property located within this stnte , nnd without nny deduction whatever shnll pay to the stnte tronsuror a tax of 3 per cent on same. No such company shnll be re-licensed for the year until the tax Is paid. It shall be law ful for any city or village , by ordinance , tc Impose a reasonable occupation tax on any foreign country company having nn agency In such city or village. Every city or vil lage having n paid or volunteer fire depart ment shall In January of ench year collect a 2 per cent tax on net premiums from every foreign country company having an agency In such city or village. Such tax shall be for the benefit of the fire department , and the net premiums shall bo ascertained by deducting the losses paid by the company in the city or village the previous calendar year from the premiums collected In such city or village. The insurance commis sioner shall be advised when fire depart ment tax Is not paid and shnll refuse to ro- llconse companies that nre delinquent ; pro vided , nothing in this act shall be construed so as to excuse Insurance companies from paying tax on real estate owned by them. Upon reaching tlio forty-second section the committee arose and recommended thnt the bill be made a special order for tomorrow afternoon. At 5 o'clock Flynn of Douglas raised a storm of laughter by moving that the house- take a recess until 7:30 : this evening. The knowledge that the republican senatorial caucus was to meet at that hour furnished the point to the Joke. The motion failed to carry and the house adjourned. COPYRIGHT OF LOST PARADISE Clilc-iiKo .Indue Ilulen Anicrlenn Ver- ftloii of the Play IM 1'lrated and HeMtraliiM Itn Production. CHICAGO , March 2. An Interesting copy right case was decided In the federal court today , when Judge Grosscup Issued a tem porary Injunction restraining the production or selling of the play , "The Lost Paradise , " which has had many presentations in the west. The complainant In "The Lost Paradise" case was Carl Hermann of New York , the defendants being John A. Frnzer , a Chicago playwright , and Frederjck Wlldman , his ngcnt. According to the complainant , the original piny of "Tho Lost Paradise" was written In German hy Ludwlg Fulva. The American rights were transferred to Call Hermann , who had H. C. do Mllle to present the drama to the American stage. De Mille's version differed substantially from the Gor man original and the principal charge made against the defendant was that ho had stolen the Ideas which were original with De Mllle. Frnzor , It Is alleged , also Introduced several minor characters and ga-m his play the same name , "Tho Lost Pnrndlse , " Mastcr-ln-Chnnccry Bishop , to whom the caao was referred , gave It as his opinion that Frazer had willfully appropriated the essen tial parts of the complainant's drama and that while Frazer had cleverly rittemplod to disguise these piracies , the matnlal points of Do Mlllo's version wcro evident in the play of the defendant. The court did not rcqulro the complainant to give bonds for possible damage to Mr , Frnzcr's Inter ests. ICIiiderKiirten I'nlnii .Meetx , CINCINNATI , March 2. The sixth annual convention of the International Klndergaitcn union began a three days' session today ni the Scottish Rlto cathedral with the largest uttendancu In the history of that organiza tion. In addition to the presentation ot credentials and other routine business there was yesterday nn excursion to Dayton , ho that the regular program was begun early today. After the welcoming addresses by Mayor Tafcl and Miss Field , president of the Cin cinnati Kindergarten association , and the responses , the reports of oinceru , advisory board nnd committees were submitted. Amolle Hoffer presented thn report on literature , Miss Eiullio PaulsEon on maga zines and library , Miss Anna E , Dryan on child study. Miss Bertha Payne on games and Miss Marie Rucf Hoffer on music. Iron WnrUerx Want Advnnee , CLEVELAND , O. , March 2 The Amal gamated association of Iron and Steel Work ers Is sending organizers to the various In dustrial centers In order to strengthen thnlr union with n view of demanding n sharp ad vance In wages. The present scale expires July 1. The new ncnle , which will be pre sented totho manufacturers on that date , will , It Is ttatetl , probably demand an advance of from 1C to 20 per cent. The men point to the fact that thn Iron and steel trade Is booming and that some of the numerous cuts In wages made during the last few years should be restored. Ileiiort on Ilrlhery IN Complete , SALT LAKE , Utah , March 2. The legis lative Investigating committee today heard the closing argument of the prosecution. Attorney Evans made n lengthy argument and thu case went to the committee at 1 o'clock. It Is believed n report of the find ings will be made to the joint session ou Saturday. THOMPSON GKFS ONE JlORli Obittcnden of Qngo Leaves Weston ant Votes ior the Lancaster Mun. CROWD IN THE GALLERIES INCREASE ! of n UrovrliiK Inicrowt Ii tlio Sli-iiKKlt' for tlir S An lodupimm * u fallen * DcolNlon. Totni , .iii ; mi : itio iit : IIM liio i-i To clout. . ( Ml 117 (1(117 ( ( Uit (1(1 ( ( ( II LINCOLN , March 2. ( Special Telegram. ; Pending n decision by the republlcnn cau cus no real developments wcro nntlclpntci In the joint session to vote for senator to day. The only change recorded wns Chlttcn don from Weston to Thompson , which ralsei his totnl to'fourtecn. There were four nbsentees , Delwcller , wh linn voted for Webster ; Jones , a Westoi supporter ; Smith of Richardson , a Haywnn man , and Endlcott , n fuslonlst. The only visible reminder of the struggl ot last night or of the probable continuant ot the same tonight wns Hie presence In th gallery and lobbies ot n little larger crowi than usual during the jdfnt session. Individual Vote. The following Is the Individual vote : Allen Bouller , Canadny , Carton , Cnwthr ; Cosgrove , Crockett , Cunningham , Dobr ; Dunn , Easterllng , Eastman , Elwood , Farrel Flynn , Fretz , Fuller , Grnndstaff , Orel Grosvenor , Hale , Hardy , Howard , Johnsoi Kelster , Knepper , Lemar , Loomls , Me Craeken , MoQInley , Memmlnger , Mllle : Mornn , Morgan , Morrison , Murray , O'Nell Peck , Schaal , Smith of Antelope , Smith c Butler , Slecke , Shore , Spohn , Sturgcss , Swat Tanner , Taylor of Flllmorc , Taylor of Gusto : Thompson of Clay , Vandegrlft , Watsot Weaver , Webster , Wheeler , Woodard , Wrlgh and Wyman 57. Hayward Armstrong , Alexander , Allot Arends , Bolsner , Berlet , Blake , Bred crick , Currle , Dltmar , Evans , Fowlci Glffert , Halderman , Hall , Hannibal , Harrli Hastings , Hathorn , Hlbbert , Hlcki Holbrook , McCarthy , Nesblt , Newell Owens , Pollard , Prince , Prout , Reynolds Rouse , Sandnll , Schalble , Smlthbergoi Stcele , Thompson of Merrlck , Tucker , Wall Ing , Wllcox , Young , Zellers 41. Thompson Anderson of Lancaster , Burn ; Chlttcndon , Clark , Fisher , Grafton , Harksor Israel , Lane , Mann , McGargar , Rock < Smith of Saline , Tnlbot 14. Webster Beverly , Burman , Cox. Crow Houck , Olmsteil , Myers , Noyes , Van Duse 9. 9.Field Field Barton , Chambers , Hnller , Scotl Wenrl 5. Adnms Milbourn 1. Lambertson Jansen 1. Halner Conwell 1. BIRTHDAY OF CARL SCHUR2 i of America nnd ( ierniun : Semi Mniiy Congratulatory NEW YORK. March 2. The seventieth nn n'lvorsary ' ot the birth ot Carl Schurz wai celebrated today. Congratulatory letters am telegrams wcro received In great numbers Througb 'the day close friends called to offei their congratulations In person. A cablegram of greeting came from Prlnci Herbert Bismarck nod from forty of th ( leading members of the German Reichstag nnd many dispatches were received froir various parts of Germany nnd from impor tant cltlcis the United States over. The gen. eral assembly of Missouri sent congrntuln- tlons , ns did the Chamber of Commerce ol the stnto of New York and the committee of arrangements for 'the ' Philadelphia Schur : memorial , the Society of Political cconomj of Berlin , the survivors of the Twcnty-slxlt regiment of Wisconsin , the Standard club o ! Chicago , the Technical High school of Ber lin and the military section of the Germar socltity of La Crosse , Wls. A dinner , complimentary 1o Mr. Schurz , wa1 ! given tonight nt Dclmonlco's. Covers were laid for 100. The dinner was served in the largo ball room at eight long tables set at right angles to the speaker's table. The wall back of the speaker's table was hung with festoons of the American and Ger man ( lags and a blue banner with the Ameri can eagle surmounting the words "Tho United States of America" hung directly back of Chnrlca Francis Adnms of Massachusetts , the president. Among thoao nt the main table nn cither side of Mr. Adnms were Mr. Schurz , Levl P. Morton , James C. Carter , Seth Low , Charles S. Fnlrchlld , Herbert Welch , William L , Strony , William Sloan and Alexander E. Orr. Among ithoso who sent letters or telegrams of regret wcro Grover Cleveland and Andrew Carnegie. Sluk Man SlinolN MliiiKi-ir , BOSTON , March 2. C. N. Clmdwlclt ol Charlotte , N , C. , apparently a person n ( wealth , committed sulcldo by shooting him self nt the Pnrker house today. He engiiKFil i siilto nt tlio hotel last Friday. Last night ho wns found In his room In n clelerluiib condition and a male nurse waa summoned. This morning Mr. Chadwlck went into the until room adjoining his chamber , while the , mi bo was ordcilng his breakfast , and put a Imllet through his brain. Among the iimu' ? iffccts wns tlm following telegram from Jhnilotte , N. 0. : "C. 0. Chadwlck : Absence causing anxl- ; ty. Let mo know how nnd where you nru. "BLANCHE. " The man was about 38 years old. Trial of Huron llli'ilt'iifclil , CHICAGO , March 2. The jury which Is to leclcUi tlie fate nt Baron Curt von lilcden- 'eld , charged with the murder of Countable Charles McDonald In a saloon last Novcm- jcr , wns completed today and the taking it evidence was begun after the lawyers In he case mndu their opening statements to lie jury. Assistant State's Attorney Smith Dyspepsia Cure. Digests what you eat. Itartlflclallydigeststliofoodandalds Nftturo in strengthening1 and recon- BtructlnRtlio exhausted digestive or gans. It is the latest dibcovered digest- ant and tonic. No other preparation can approach it in efllclcncy. It in stantly relieves and permanently cures Dyspepsia , Indigestion , Heartburn , Flatulence , Sour Stomach , Nausea , SlckHeadaclic.Gostralgla.Cramps.and . all other results of imperfect digestion. Praoared bv E. C. OeWltt A Co. , Chicago. Informed tlio Jury Uml tlio case wa one of aggravated homicide nnd one where the death penalty was tlio only proper punishment. On the oilier band , Attorney Forrest , for tlio defendant , made much of the fnct that McDonald had a revolver In his pocket nt the time of the shooting nnd thnt ho wna Been to rench for It Just previous to the tlmo ho was shot hy the Imron. EFFORT NOT SUCCESSFUL in riiiplniintl Hpforin Con- Sorrly Ilniii > | ioliipil Over 1 'nil ii re < n Aniiilnnnintc. CINCINNATI , March 2. The Reneral con- fercnco ot the national union reform party concluded Its work today at noon. Its or ganization preparatory to nominating nn In dependent presidential ticket next year will bo completed when Its national executive committee meets lit Buffalo June 20. The effort to amalgamate the populists , silver topubllcnnR , socialists' labor party , the national liberty party nnd other scMtcrltiK elements was not successful. There wcro only 151 delegates present , rcprcicntlng flf- ten states , yesterday and dtlll lew today. Joel 1'arkcr of the Texas 1'rcss Reform nsao- olatlcn nnd Dr. H. A. Thompson , n lending prohibitionist , nnd other lending reformers , who participated yesterday , were not present today nnd itho advocates of amalgamation freely expressed their disappointment over the result of the general conference. .i Ail > niio < * I'rloox. CHATTANOOGA , Tcnn. , March 2. The Southern Stove Manufacturers' association met hero today , nil the Important stove con cerns of the south being represented. The most Important feature of the meeting was n decision reached to materially advance prices on nil kinds of stoves. The reason for this Is the recent advance In the price ot Iron nnd other material used. The advanced prices go on tomorrow. AiiU-l'niiry 11111 1'nNNcil. JEFFEKSON CITY , Mo. , March 2. In the semite today Senator Wilson's bill prohibit ing the sale , transfer or assignment of usurious notes , contracts , etc. , without giv ing the purchaser or assignee notice ot the usurious chnrncter of the name , was passed. This bill grow out of the agitation among telegraphers In St. Louts against the usurers. flow to Pipd Out. Fill a bottle or common glass with your water nnd let It stand twenty-four hours ; a sediment or settling ludlcntcs an unhealthy condition of the kidneys ; If It utnlns your linen It is evidence of kidney trouble ; too frequent desire to pnss It or pain In the back Is nlso convincing proof thnt the kidneys nnd bladder are out of order. WHAT TO IJO. There Is comfort In the knowledge so often expressed , thnt Dr. Kilmer's Swamp- Root , the great kidney remedy fulfills every wlnh In curing rheumatism , pain In the back , kidneys , liver , bladder nnd every pnrt of the urinary passage. It corrects Inability to hold water nnd scalding pain In pnsslug It , or bad effects following use of liquor , wine or beer , nnd overcomes that unpleasant necessity of being compelled to go often during the day , nnd to get up many times during the night. The mild nnd the ex traordinary effect of Swamp-Root Is soon realized. It stands the highest for Its wonderful cures of the most distressing cases. If you need n medicine you should have the best. Sold by druggists in fifty- cent and one-dollar sizes. You may have a sample bottle of this wonderful discovery and a book that tells more about It , both sent absolutely free by mall , address Dr. Kilmer & Co. , Blughnm- ton , N. Y. When writing mention that you read this generous offer In The Omaha Dally Bee. You win Better If you know that your valuable papers nnd records cannot be destroyed by fire. There Is one building In Omaha that Is abso lutely fire proof , The Bee Build ? " fit < r looks like a palace , but Is built like a castle solid granite and heavy masonry , not a bit of wood that you do not see on the surface no wooden stairways nnd partitions no fire traps no shams. That's the place to have on office. Wo will show one or two beauties that are vacant. R. C. PETERS Ground Floor. & CO. AMUKIOMEVI'.S. Creigtiton- Tel , 1531 , No Show of Its Kind Seen Hero has Equaled This Week's Premier Bill of All Star Artists. 1,11,1IAN IIUUICIIAIIT. and Co. In the Comedy , "A Passing Fancy. " SIAX CIXCI.VATI Europe's Greatest Trick Juggler. KHAl SH AM ) HOSA And Their Original Dutch Plcknnlnnlei , Comedy Quartet of Singers , Gro tesques nnd Mimics. CO.NWAV AM ) IiiAM : > The Merry Monopcdos. \VII.I.Y O/.KOI.A. The European Equilibrist. ( mAciK IMMIT Refined Character Singing Monnlo l t. ic.MCiirr nnoTiiioiis. Favorite Tcrpslchorean Art Into. nmvAitn i. IHIVI.K Che Blind Pianist , Vocallat and WhUtlrr. Prices Never Changing Evening Price * : ! 5o and fiOe ; gallery , lOc , MiitlnvrH , nny , eut , 2f > c. children , lOc The DeOnzo Brothers bead next wrek'i ill star bill. 30YD'S ' THEATER Friday. Saturday , Bundiiy March a-- ( & with matinees Saturday nml Hmidity. Heventh conHt-rutlvo reason of Jninea A. [ Jerne'B bnntitlful comedy drama , SHORE ACRES. Direction of H. C Miner. Presented by u line company of iilnvfrs vlth entire new ncencry nnd unltjuo mol Imnlcnl novelties. A superb production ; unraiitoed. NlKht _ prlcex : Lowrr lloor , Wk60 nnd Jl ; THE MILLARD 13th nnd UuiiHiHH Sts. , Omaha. -AUISUIUAN AND BIJU ( ) | > I9AIf 1'L.AN- . CBNTIlALLY LOCATED J. IS. MAUUUL , * SON , ( > OM. f 1 't '