Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 22, 1899, Page 8, Image 8

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    TJTE OMATTA TATLV ) TIER : A1MITL 22 , 18 ! ) ! ) .
I NEWS OF INTEREST FROM IOWA.
COUNCIL BLUFFS-
JIIMHl MCMTIO.f.
bail * selln glaai.
Moore's food kills worms and fattens.
Iludwelscr beer , L Ilogenfeldt. agent.
Firnlnhnd rooms , 14 South First street.
Metal frame ! ! . C K. ALKXANDUR & CO.
Iowa Furniture & Carpet Co , 407 U'wnf.
J C. nixby , hcatlnB. plumbing. Tel. 193.
T nsen & Mortensen , 331 Dway give "Stars"
MIMH Olla Cook has returned from a visit
t ' hl < ago
N W. Williams returned yesterday from n
D\e weeks' trip to Idaho
C II Jacquemln & Co , Jewelers and op-
tlrlani. 27 South Main street.
Get your work done at the popular Eagle
lanti Iry , 724 Uroadwaj. 'shone 1B7.
Tbo drill of the High school cadets ar
ranged for this evening has been postponed.
IM n Slrow , formerly of Council Dluffe ,
DOW In business In Fort Dodge , Is In the city
MHltlng frlendH
Herman Luffort son of Henry Lcffert , 618
Ninth avenue , has returned home ufter a
thrwo years' absence
Mrs. II M. Williams has gone to Crcston ,
Neb to join her husband , who has engaged
in the drug business there.
The suit of August Oldcrog against Henry
II irtje In the district court wns dismissed
joilcnday , having been Bottled out of court
Thomas Heslon , formerly agent for the
! ' rl Arthur route In this city. Is visiting his
fnmilv here , after a long absence on business
In the south.
C S Dyers has engaged with nn Omaha
wliile-mle shoe house nnd will make his
Initial trip on the road next Monday as Its
tiavellng representative.
Hxcclslor lodge , No 250. Ancient , Free
and Accepted Masons , v\lll hold a special
meeting this afternoon at 5 o'clock to attend
the funeral of the late A. Dalrymplo.
\ll Forresters , Modern Woodmen of
America , nro requested to meet at Masonic
tiinpli- hall tonight to make final arrange
ments for the trip to Kansas City In June.
Thomas Officer took out a building permit
jcstordny for the erection of two onc-and-n-
liilf story frame cottages , which ho intends
building at the corner of Fourth aveneuo and
Thirteenth street.
1'dinund Jeffries , who has been In a serious
condition for some time as the result of a
fill IH reported to bo convalescing At one
tinu his condition was so serious that his
ti mlsn was expected
I'ottawattamlo canton. No. C , Independent
Oilier of Odd Fellows , will meet this even
ing Hvery member Is requested to be prcs-
c at us there Is business of Importance to
come before the meeting.
fieorge Ilnjs , the man stabbed by William
Ic\vis during a stieet brawl In front of a
saloon on Droadwaj , has not yet been able
to leave the hospital , but the attending phy
sicians pay he Is now entirely out of danger
nnd will recover rapidly.
Fred C Fllclslnger , who has been visiting
his brothers , A. T and I. N. Fllcklnger of
thin city , has gone to St Louis , where he will
Join a paily which Is to make a preliminary
survey for the Missouri Pacific railway about
l.)0 ) miles south of St. Louis.
Robert Turner , a young colored lad , had a
hearing before Judge Aylcsworth In police
court jestcrdav morning on the charge of
maliciously tearing off tbo Dolmny theater
posters from billboards The case was dis
missed for want of evidence to convict.
Carl Liustrup , son of P. P Laustrup , is
homo from WyomingHo Is almost entirely
blind , owing to an Injury to one of his ejcs
while on a ranch at New Fork The Injured
eje Ins been icmovcd nnd It Is hoped that
with proper tare tbo sight of the remaining
one may be restored
V man giving the name of A. Anderson ,
nnd found to bo somewhat mentally unbal
anced , was picked up on the streets jester-
clay morning by OIHcer Callagban. As he
appeared to bo harmless the police decided
the best thing to do was to escort him to the
< lty limits , with Instructions to keep on
going.
The Pottnwattamle County Rar association ,
recently reorganbed , will hold an adjourned
meeting this afternoon In the superior court-
loom for the purpose of considering the
question of the adoption of a fee bill The
special lommlttet ) to which the matter was
referred will nnko Us report nt this meet
ing
The case against 12 F Silos , the joung
man chaigcd with dumping refuse within the
cll > limits , was dismissed In police court
jesterday morning. Sales produced evidence
to show tlmt he was hauling the stuff for a
partv who was filling a lot nnd that the
refuse dumped by him was Immediately cov-
c led with earth
The remains of the late Andrew Dalrymplo
nrrlved jcsterdny moinlng from Alliance ,
Neb and were taken to the residence of Ills
mother S C. Dalr > mple , 10J4 Fifth avenue
Services will be held nt the residence this
uftiMiionn. after which the body will bo taken
to the former homo of the family In Peru ,
III Deceased WIIH 16 years of ago and un-
marrlod
W A Mcllc'iiij and A J. Dond. colonel
commanding and adjutant respectively of
the Western Iowa Vetei.in association , have
Issued an announcement that the next re
union of thu association will be held at
Denlxon Juno 7 nnd S The veterans of Har-
ilson , .Moncmi. I'ottawattamle , Ida and
Crawford counties form the membership of
the association.
John Dunn , tbo veteran expressman , was
up before Juduu Avlcsworth again yesterday
morning on the ; charge of refusing to comply
with the city oullnance governing common
carriers. It was charged that Dunn had stood
bis team and wngun In front of Olllcer
1'usoy'B bulk on Droadway contrary to the
wishes of tlio bankers Dunn denied the al
legation , and said ho hail just bitched his
team thciu for a few minutes while he went
upstairs to one nt the olllces on business.
On this show Ing the case was dismissed.
N Y. Plumbing company. Tel. 250.
Wanted Soveial gooa lady solicitors for
cltj Ciood pay und nice , pleasant work.
Call at Dee olllco , Council Dlufls.
S M Williamson sells the Standard , Do
mestic and Wblto sow Inn machines , 106
South Main btroet
Kehlileiiee DC-NI ro.i eel liy Tlrr.
The realclcnio of Patrick Ronan at 1019
N nth Eleventh street was destroyed by nro
fcb rilj after midnight Thursday. Thlb was
the M'toihl tire at the amo house within a
week List Sunday a lamp exploded In the
parlor , doing considerable damage. The
origin of the fire Thursday night Is not
Known , but tbo Dames had made rapid head-
waj befoiu discovered. There was no time
to save any of the furniture and the family
harelj escaped with their lives. The loss
la partly covered by Insurance.
Wanted , two or three furnished rooms by
elderl ) ladj for light housekeeping. Address
S llc-c olllce , Council UluffB
There Is no doubt a bo it Williamson having
the finest llnu of blcjclct that lias ever bwn
In the Utv Call nnd see for jourtclf and
nut liin prices nnd terms Ho also has a
llrst-clust ) repair phop lob South Main street.
lleill IXille Trmmferx.
The following transfers were filed jes
terday in the abstract , title and loan office
of J , W , Squire. 101 Pearl fctreet
Oeorco W. Llpe nnd wlto to K J Day ,
lots G nnd t > , bhu'k iand \ lota 12 , 13
nnd 14. block - - , Howard's add. to
Council Hluffd < i i d . . \ V >
lUIrs 6f Jumrs MtOlntj to W. II
Duller. svvVi neU n'-j ' nvvW j i cii-i
m\U ami part nw't nwU U-77-li ,
w d . . 0015
K llunscMi to Cithrina lliin.scn ( hi *
vvlfol undivldc ) ' ' . of iM * vv >
M-75-1. ' w cl
Thru )
LIFE INSURANCE POLICIES BOUGHT
Kor I'auli or Loaned On.
in. : . SIIHAFI : & co. (
6 I'c'OBl blrcvt , Council llluITi , lovra.
KNOTTY OUESTION COMES UP
Shall OuUUnding Warrants or Thoss for
Current Ezpanaoi Be Paid First ?
PAPERS IN SECOND TEST SUIT ARE FILED
murrer , Ciiiiteiullnu tlmt Ont-
MnnclltiKVnrrnnN ( Slmulcl
TnUe I'roeoilriiur.
The papers In the second teat suit brought
bv the cltv with a view to have thn courts
determine whether the outstanding war
rants or the warrants Issued for the current
expenses of the municipality shall bo paid
flrat , were filed In the district court yester
day. As In the former cone N C Phillips ,
the city clerk , appears as the plaintiff , and
W. U. need , the city treasurer , as defendant
In the former case it will be iremembered
Judge Smith held that the outstanding war
rants Issued under the old law should be
paid first In the order of their presentation ,
and that the now law wns unconstitutional
as It Impaired the rights of the holders of
the old warrants. The supreme court , however -
over , held that the rights of the old war
rant holders had not been Impaired as at the
time they took the warrants , the cash basis
law of 1S88 was In force In the city , and the
warrant holders had no right to complain of
the enforcement of the law. The supreme
court overlooked the fact that the cash basis
law of 1SS8 did not apply to Council Bluffs ,
this city not having been organized as a city
of the first class until 1S82. The law In
question was made applicable only to cities
organized In 18S1 or prior thereto The at
tention of the supreme court was called to
this apparent oversight on Its part and that
body subsequently withdrew Its opinion ,
leaving the very question that the city was
anxious to have settled undecided. With the
question unsettled City Treasurer Reed de
clined to pay either the old or now warrants ,
nnd In consequence nearly $100,000 has accu
mulated In the city's treasury while the city
Is being forced to pay Interest on both old
and curren warrants It Is In order that
this money may be paid out that the city
brings this suit.
Suit HrniiKlit nil Two AVnrrnntM.
Suit Is brought in this Instance on two
warrants , one being a water fund warrant
for | 23 , Issued March 1 , 1809 , and the other
a general fund warrant for $2 25 , Issued April
11 , 1819. It la contended that there are
ample funds In the hands of the city treas
urer to pay both warrants sued on , but that
ho declines to pay because there are out
standing warrants against the same funds
still unpaid which were Issued previous to
the fiscal years In which the warrants sued
on were drawn. The court Is asked to Issue
a writ of mandamus compelling the city
treasurer to paj these warrants , forming the
basis of the action.
City Attorney Wadsworth , who appears for
the city treasurer , filed a demurrer In which
it Is contended that the outstanding war
rants should take precedence of the war
rants Issued for current expenses.
The demurrer sets up that the warrants
sued on In this action was issued for current ,
ordinary and nccetsaij e.xpcnses of the city
contracted since October 1 , 1897 ; that the
warrants outstanding for current and ordi
nary expenses of the city" previous to Octo
ber 1 , 1897 , weio within the limit of the
amount of revenue received for such pur
poses during 1S9G and 1897 ; that these latter
warrants were previous to October , 1897 ,
presented for payment and stamped "not
paid for want of funds. "
The demurrer further sets up that the
law required no appropriation previous to
October 1 , 1897 , to bo made by the city
council for any of the expenses of 1S9B or
1S97 , there being a tavlng clause In section
822 of the Revised Code of Iowa of 18SS ,
especially excepting this clt } , which Is a
city of the first class , organized under the
general incorporation laws ot the state of
Iowa since 1881. Also that Slid water fund
warrants amounting to $15ldO wore Issued
for current , ordinary and necessary expenses
of the city previous to October 1 , 1897 , and
wore issued in pursuance to a contract
thereto made between the city and the water
works company
It Is further claimed that notwithstanding
the fact that the supreme court In the case
of Phillips against Reed has held that the
appropriated ordinances nnd the section of
the Code of 1897 governing the same , pledge
the receipts of each respective > cnr to the
payment of warrants drawn In such jears for
the current , ordinary and necessary expenses
of such jcars , the same cannot appl > to
the $15,150 in water fund warrants and
$107,783 08 in general fund warrants Issused
previous to October , 1807 , when paragraph 16
of section 008 of the Code of 1897 was not
In force as to the cUv of Council Dlulfs. j I
Again , that by the provisions of sections !
720 of the Revised Code of 1SSS , It was the
duty of the city treasurer to use the money
now on hand In the water nnd general funds
Insofar as possible to the payment and
liquidation of the water fund warrants and
general fund warrants Issued previous to
October 1 , 1897 , that by the provisions of
the law In force previous to October , 1807 ,
and under which law the old outstanding
warrants were Issued the holders of eald
warrants have the right to demand and the
city treasurer hat , no right to refuse the
pavmont of the money now in his hands
belonging to the respective funds to the
liquidation und payment of said warrants
in the order In which the same were pre
sented to the treasurer and marked "not
paid for want of funds"
Further , that Insofar as the Code of 1897
provides that current revenues shull bo
used to pay the current expenses to the ex
clusion of the payment of unpaid registered
warrantB Issued and rcgisteied previous to
October 1 , 1897 , the same Is unconstitutional
and void for the reason ( hat It Impairs the
obligations of contract and Is contrary to
section 21 of the constitution of the state
of Iowa , which piovldes that 'no law im
pairing the obligations of contracts shall
ever be passed , " that all warrants now out
standing that wore Issued and registered as
provided 1 > y law previous to October 1 , 1897 ,
together with the law then In force , consti
tuted n contract between the warrant hold
ers and tbo city , an essential element in
which contract being that said warrants
should bo paid b > the city In the order In
which thej had been presented
In conclusion , the demurrer sets up that
the treasurer Is obliged to use the money
now In hla hands belonging to the respective
funds Insofar as the same will suffice , to
the payment of the old outstanding warrants
and for this reason cannot legally USD Jhe
money for tbo payment of the warrants de
manded to be paid by the plaintiff In this
action ,
Slicu'n Intervention.
As soon aa the papers vvcro filed J. J.
Shea Jumped in with a petition of Inter
vention , In which ho attacks the validity of
the warrants sued on und asks the court to
have them declared void and ordered tun-
celed. In his petition Shea makes the fol
lowing allegations.
"Thai at the time of the Issuance of the
warrants sued on. to-wit April 11 , isy > .
Council muffs was Indebted in un amount
large ! ) in excess of & per cent of the value *
of the taxable propcrtv of the city , as allow n
by thu last state and county tux lUt , and
was In fact Indebted In the sum total of
$ < 64fifil 87 , being more than $200,000 In ex
cess of tlio amount fixed by the constitution
of the state of Iowa
"That at the date of the Issuance of the
warrants sued upon there were outstand
ing general fund warrants of the city to the
amount of $146 O2'i ' 81 and water fun war
rants unpaid to the amount of $76,875 , mak-
Inn a total of J222.P04 SI
"That all of said general fund warrants
are dravvnblo upon nnd pa ) able out of the
general funds of the city , made up of the
general 10-mlll levy on all taxable prop
erty and the proceeds of licenses , fines ,
etc.
"That the water fund warrants are gen
eral Indebtedness of the city , pavablo first
out of the water fund , and any balance
not niet by tald fund Is pavablc out of the
general fund.
"That all the revenue ot the city derived
from the 10-mlll le\y and from licenses ,
fines , etc. . Is necessary to piy the cur
rent , ordinary and nccossarj expenses of
the cltj and that after pa ) Ing the same
there would be no money left In the gen
eral fund to apply to a reduction of the
outstanding and unpaid warrants
"That If this warrant sued on takes Its
regular cnurtc nnd Is paid In the older of
Its presentation to the city treasurer nnd
payment of same deferred until the payment
of the prior warrants presented It will not
bo paid for more than two years tram date
of HB Issuance.
"That said warrant was not Issued In
anticipation of any tax now levied and In
the course of collection or of any tax to be
levied or collected by the city.
"That the city cannot under the law le-
gallj Issue n warrant In anticipation of a
tnx to bo levied two yeais from the data
of the Issuance of such warrant
"That there Is no money In the city treas
ury to pay said warrant.
"That the city Is Indebted beyond the
amount fixed by the constitution.
"That said warrant Is Illegal and void
and not a Just or subsisting Indebtedness of
thn city"
In conclusion Shea asks that the court
refuse the writ of mandamus asked for
and that It find that said warrant Is Il
legal nnd void nnd that the plaintiff be or
dered to surrender the same to the clerk
of the court for cancellation
It Is expected that Judge Smith will con
sent to have the case argued before him
In the near future , so that It can be taken i
without delay to the supreme court , where ,
an effort will be made to have that body
pass upon It at the May term.
Tickets for the Herron lecture next
Wednesday night at Droadway Methodist
church on sale at The Dee office. Price 25
cents.
TliroviN Cloud on Title.
Peterson S. Schocnlng of this city com
menced suit In the district court yesterday
against J. N. Casadv , Gllen M Casady ,
Simon Casady , Thomas Dow man , trustee ,
nnd "John Doe , " which Is calculated to
throw a cloud ever the title to the prop
erty on Oakland avenue which the Donrd of
Education has selected to purchase as a site
for the now High school building. Peterson
& Shoenlng some time back secured a Judg
ment against J N Casady for $104 G6 and
$1210 costs which has never been satisfied.
In their petition they allege that J. N
Casady was the ewer of lots 1 , 2 , 3 and 4 , In
block 17 , Mill addition , this property being
that on Oakland avenue selected bj' the
School Doard as the site for the High school ,
nnd that Casadj- , subsequent to Incurring
the Indebtedness with the plaintiffs , con
veyed this property to his wife. Further
that Mrs Casady encumbered It with a
mortgage to Simon Casady for the alleged
sum of $0,000 without consideration and
the purpose of preferring certain creditors
whom they claimed to represent as trustees.
Peterson & Schnenlng ask that the court
declare their Judgment against J N. Casady
to bo superior and paramount to the Interest ,
right or title of all the defendants in the
four lots , nnd that a special execution for
the sale thereof to satisfy their Judgment
be isssued.
Dcst facilities for storing stoves. Cole &
Colo's now warehouse
Wanted , carrier , with horse , for Dee
route No applicant undei 16 yens of ago
will be considered Call nt Hee office
i\lionenl of Kindei rleii Training.
Mrs. Lucietla Wlllard Treat , principal of
the Grand Rapids ( Mich ) Kindergarten
Training school , Is spending a couple of
dajs In the city , the guest of Miss Stevens ,
one of the teachers In the kldergarton de
partment of the city schools Mis Treat ,
who Is lecognUed as uno of the leading
exponents of the kindergarten system , Is
i deep student In child nature nnd child
training She comes hero at the Invitation
of the Mental Silence department of the
Council Bluffs Woman's club Yesterday
aftcinoon she was tendered a reception nt tbo
club rooms on Droadway , which was at
tended by a large number of the members
of the various women's clubs In the city.
In the evening at the dab rooms she dc-
llvered a lecture on ' The Twentieth Century -
tury Child nnd How to Meet Its Needs. "
'This mot nine at 10 o'clock she will address
n meeting of the teachers of the city schools (
at the Dloomer building This afternoon nt
3 o'clock at the rooms of the Woman's club
she will deliver hei second lecture under
the auspices of the Mental Science depart
ment , taking as her subject "Motherhood-
Love In Its Hlghtcst Spiritual PCIIS.P. "
U llxon ItelellNeil Iriini < 'IINIOI | > .
John Wilson , held under Indictment charg
ing him with complicity In tbo robbery of
llio postoffico at Cray , la. , on the night of
November 20 last , was released from the
county Jail ystorday. At the recent tcim
of United States court In this city T. J.
Farnham and John Wilson were on trial
found guilt ) of the robbery of the Ciray post- j
olllce They moved for a new trial , which
In the cane of Farnham was overruled , but
granted as to Wilson. Judge Mungcr , who
occupied the bench In the absence of Judge j i
Wonlson , sentenced Farnham to one year j
nnd ono clay In the penitentiary at Fort
Madison. Wilson's second trial was post
poned to the next terra , but It Is very
doubtful If ho will ever bo called upon to
face a Jury on this charge , as ho was re
leased on hlb own recognizance yesterday
by order of Judge Woolson. The ovldenco
against Wilson connecting him with the rob
bery was purely circumstantial and not con
sidered very strong. Wilson had been In the
county Jail since December 6 of last year.
Wanted nine reputable parties who will
Invest $12 per mouth for six months In nn
enterprise that promises largo returns A
chance for n fortune Must act at once Call
on or address L W. Tnljcjn , Council Dluffs ,
Iowa.
Veferim rireinen flio e Ollleern.
The Veteran Firemen's association held Its
annual meeting last night at Rescue en
gine house nnd elected the following offi
cers for the ensuing year President , John
Madden , first vice president , Ons Deigman ,
second vice president , O. W Mitchell : treas
urer , J W. Peregoy ; secretary , Charles
Nltholson ; board of managers , John W.
Dates. John Daughu , Phil Moomaw , J. F.
Walters. John Mc ill nnd J. A Spauldlng. i
It was decide/1 / thai tlio association should
attend the state ) totiiuament , to bo held at
Missouri Valley. June 20 to 23
People who have once taken DoWltt'a
Little iarl > IttavrB will never have nnthlng
else The ) are the "famous little pills" for
torpid liver nnd all irrigutarltlm * of the B > B-
tem Trj them and jou will alwajs use
them. _ -
En.Tt-afMpr-MT .
M'FARLAND ' IS RESPONSIBLE
Judge Makes a Ruling in the Suit Against
tha Ex-Secretary ,
STATE GAINS A DECIDED ADVANTAGE
AUornr ) * Arn fnnflilrnl of AVI mil UK
111 TlM-lr Attempt tit Hoe-over fiom
Mo I'll rln ml stHtiin of the
Miner * ' .Strike.
DBS MO1XES , April 21 ( Special Tele
gram.V. ) . M. Md'arlam ! , and not the state
executive council , was responsible for the
compilation and publication of the last Iowa
census. So Judge Holmes ruled at the openIng -
Ing of court this morning when the McFar-
land case , In which the state seeks to re
cover ? 5.000 from the ox-SBorctnry of stale ,
was continued. This Is the point of law
upon which the case awaited n ruling at the
close of the second dajs' trial } esterdaj
evening. With this out of the way the state
continued Its cage this morning , putting
twelve witnesses on the stand , each of whom
testified to having been connected In some
way with the money.
The st.ite gained a very decided advantage
by the decision of Judugo llolnus on the
point of the admlsslblllty of the ovldenco by
the state tending to show that the ev-sccro-
tnry and not the executive council had the
full control of the work of the compiling of
I the cunsus nnd that In all Its workings his
olllce was conducted by uluifcolf In the
statement of his decision which overruled the
' objection of the defendant's counsel , his
honor said ho had caiefully studied all the
provlfclons of the code In icgard to the ex
ecutive council and the census and found
th.it the executive council did not have the
authority to hire labor for tha performance
of the work or to fix the hlro of such labor
when It might bo at work. The state Is
confident of victory.
Sin prise was created at noon In the circles
Interested In the court house location con
troversy over the filing of a petition for an
Injunction by F. F. Ulyler to restrain the
Hoard of Supervisors from advertising for
bids for location or the Issuance of bonds
for the construction of a court house or
other action which might grow out of the
proceedings In connection with the court
house
Ilecauso of a quarrel with her lover Inez
Strcetor tried to kill herself by taking car
bolic acid The man In the case was Frank
Render. She will live.
The coal miners have been securing a fund
for tlie care of some of the men who arc
out on a strike They report quite hearty
svmpnthy on the part of the people when
the miners place the situation before them
in the tme light , and aid is freely given.
The "carbondale and Klondike mines are not
running nnd the Christy mine Is working
but a few men. There are still 1,000 men
out and they say they will stick to their
demands Tfie operators say that for every
day they are out the miners lose an as-
giegate of over $3,500
A decision In favor of the defendant was
returned today In the case of tlie famous
Cherry sisters against the DCS Molncs
Leader. The plaintiffs have two other casns
against that paper , which they will bring
at once.
The survey of the Duluth & New Or-
Icaiib railroad from a point sixteen mlles
north of this city to Nevada has been com
pleted. Now that this work has been completed -
ploted it is expected that L. C. Cummlngi
of the Chicago Loan and Trust company
and S. V. WarJall , secretary of the com
pany , will arrive in the city within tut
or three days to close up the denl for
the entrance of the road Into this city over
the terminals of the Des Molnes Union rail
road. The promoters will complete the sur
vey from a point sixteen miles outside of
Dej Molncn to this city , connecting wild
the Des Monies terminals cast of the cit ;
They will then start from Nevada and sur
vey to Iowa Falls. It Is the Intention of
tlin company to build the road from Dei
Molnes to Iowa Falls this > car and have
it in operation before snow Illos The
northern terminus of the road will be Oange ,
la , where connection is made with the
Winona & Western , running between tlmt
city and Winona.
Tlllle Smith , a 17-j ear-old-girl , has dis
appeared and has not been seen for sev
eral dajs.
Promoter of Oiiiina.
ONAWA , la , April 21 ( Special ) John
Louis Lay , the famous toipedo expert , who
died In New York yesterdi > , was one of the
original promoters of the present town of
Omi\a. He was a member of the nillot-Tay-
Moirlson party which left St Charles , 111 ,
In 1855 to found the present town of Onaiva.
Hven at that tlrno ho wab an expert me
chanic , and In this ( at that time a dense
wilderness ) county he built and operated the
first sawmill north of Council Bluffs In
common with the other pioneers of the
wilderness he labored under great dUllcul-
tl ? . During the terrible winter of IS.T.-uO
he. his sister and brother-in-law lived in a
log cabin , near where the present sta
tion of Kenncbec Is now , and for seven
vu'eks lived on Indian corn. All the corn
used for flour wns ground In a small coffee
mill. Ho left here In I860 and since that
time his life has been spent In the piomotlon
of his Inventions , which nro now used by
nine foreign governments
( "ilpplo .HIII-N for Di
TOUT DODGE , la , April 21 ( Special )
The cnso of Johiifcon against the city of
Humboldt , which has already been twice
tried In the Humboldt courts , is on trial
again Mr Johnson sues for damages re
ceived In a runaway. The accident oc
curred about a year ago while she was riding
up a hill In Humboldt with her husband
A team coming down attached to a hay rack
became unmanageable and ran Into Mr
Johnson's team A projecting part of the
rack struck iMrs Johnson In the back nnd
Inflicted injuries which have Blnco made her
a helpless cripple. The first suit resulted
In a verdict for the defendants , In the second
eho received a verdict of $1.
Hull DlHi'iiHxi'N NIM > Si | < * aU < * r.
DCS MOINCS. April 21 Congressman
Hull , the chairman of Iho committee on
military atfalrs , said todnv tbi the lowu
delegation had not yet made up IU mind who
it would support for the Bpcakorshlp of the
house of representatives.
Ho said "I understand Representative
Hopkins will bo a candidate. I regard his
cbanceB as very bright I bcllevu the west
fa entitled to the bpeakershlp of the next
congress There ban never been a speaker
who lived west of Ohio and the time Is op
portune for the election of nn active and
able western candidate"
I.M | | Cnlrrliilli 'I heir Chief ,
SIOUX CITY. April 21 ( Special ) John
fialvln of Cincinnati , grand exalted ruler of
the lodge of iikn. spent today In Sioux City ,
the guest of the Sioux City lodge and W.
If Deck , state deputy Mr ( ialvln was
tendered a reception In the afternoon , and
later loft for Waterloo , where he has
frlemU. Ho has been In thu west on a
business trip and ANUS Induced to Malt
Sioux City.
CoiiHlriiflliiii CIIIIK llrai'lii'H Turn ,
FOHT DO Win la. April 21. ( Special ) -
Contraitor Murstlll. who has the contract
for the construction of the Port Dodge S ,
Onuba in IliU vi > 'lnlt > and In other places
ulong the line , has a force of men , mostly
Italians , at work at Tara. Tbc couUruc-
linn nt thin point In largely Increased In
etlfllcuhx by the rutting of ft five fool grade.
An * onn na the new line In completed the
Illinois Central track will be cut down in
the name level Tara , which was formnrly
a \lllnRfl of three or four houses , In fast
Assuming Iho appearance of a mushroom
city.
Iliinil ( MSI * In Court.
ONAWA , la , April LI. ( Special ) What
Is known as thu Ditto lake road case will be
taken up by tlio district court which Is now
In session hero. Dlun lake , thn finest has *
lake In Iowa , lie threu miles west of Onawa
and hundreds como here annually for the
fishing. On Ing to a neighborhood qunrrcl
the * load running north anil south on the east
sldo of the lake Ins 'been ' fenced up , spoiling
a very pretty drive anil compelling people to
drlvo five- miles to get to the lake.
l.lhi'l Mill A un Ill-it .loiirnnl.
SIOUX CITY. April 21 ( Special ) A
libel suit of A. W. Johnson against the
Sioux City Journal Is on trial In the district
court of Woodbury county. Johnson asks
$5,600 , alleging he has been damaged to that
extent by a reference to him In the news
paper.
runner Diopi Out of
VILLISCA , In , April 21 ( Special )
Amos Means , n farmer living east of this
town , left his home Tucsdav evening and
has not jet been found , although searching
parties have endeavored to trace him. No
cause for his disappearance Is known.
Trnoliorm' As oe'ln < loii.
ONAWA , In , April 21 ( Special. ) The
iMonona County Teachers' association began
its meeting tonight by listening to a lecture
b. ' Hon Lafo Young of DCS Molnes on "Sixty
Days with Shatter's Army. " A largo number
of teachers are present.
Stall * I nlii erslt.i Win * flom Knot.
IOWA CITY , Apt II 21 ( Special ) The
game between the University of Iowa nnd
Knox college here todn > resulted In a vie *
t ( rj for the former by a score of 2 to 0.
WOMAN MAKES A FATAL VISIT
Ml * * Ilrtmot IN nili-rliilniMl li > Ilcln-
II * o mill MIT lloelj IH l.utor
I'onnel In n AI'll. .
l'\XA , 111. , April 21 The mutilated body
of .Miss June Urunot , a wealthy woman of
Dana , Ind , was fouml burled In an nhiti-
doned well the faim of
on her slster-ln-
Kivv , near here , ted i > .
Mrs , Anna Urunot , her son Henry llrunot
and Frederick Slbley are under arrest In
this city , chniged with murder.
The chief of police sajs the three persons
under arrest decojed Miss Drunot to the
Barrel of the farm house , shot her thtough
the head and burled the body In an aban
doned well.
MIi-s Urunot came to this city on a visit
about April 1. It is said she brought wltb
hei a valise containing a draft for $ .100 and
other valuables Neither Miss Urunot nor
the valise were ever seen after April t
A few dajs later Heurj Urunot and Siblej
disappeared. The police learned that the
two went to Indianapolis , where they , it Is
said , cashed a draft for $500 and spent the
proceeds. On the strength of this clew and
a letter from Indiana friends inquiring for
Miss Urunot the three Inhabitants of the
Urunol farm were arrested at 2 o'clock this
morning At 8 o'clock the police found
Miss Drunot's decomposed body In the old
well. Her clothing was found in tha garret
of the farm house.
The police claim Mrs. Anna Drunot and her
son Henry are guilty of poisoning Charles
Diunot , husband of Anna Drunot , who fell
dead at the dinner table a year ago Drunot
carried $2,000 Insuiance. The police also
allege that Henry Urunot and Frederick
Slbley killed Widow- Mary Mclntyro , whose
mutilated body was found under the bed nt
her little home In Flathum mining district
last February , their object being robbery.
Oonstder.iblo talk of Ivnchlng Is heard ,
but the strong guard of militia on duty here
will prevent Biich action
This afternoon Henry Drunot , who , with
Frederick Siblej , was arrested for the mur
der of Drunot's aunt , Miss Jane Drunot ,
made a full confession to Chief of Police
Klety. Drunot said
"On Monday , Apiil 10 , the day of the
P.in.i ilot , Sibley and I having laid our plans
to kill m > aunt that night , I brought my
mother to I'ann I then drove home iMy
aunt was then in the barnjard. milking
Sno went Into the kitchen and was pre
paring supper Slblej and I entered. We
had planned both should draw- revolvers and
fire .slmultanrouslj 1 drew mj' gun and
fired flint. She fell and I fired several more
allots into her bodj. She died instantly
Slbley did not lire We searched her for
money but found none Wo dragged her out
onto the porch , threw her Into a. wheelbar
row , nnd Slbley wheeler her to the well and
dumped her In , head first Wo then built a
[ ilatfoim a few feet below the surface of
: ho ground and filled It with earth My
mother had nothing to do with the murder.
We thought that Aunt lane had money "
Slblej liter made a confession corroborat-
ng tint of Urunot Drunnt denied that his
: nether and himself poisoned their father
hree yeais ago to obtain his Insurance Doth
Slbloy and Urunot denied all knowledge of
ho murder of Widow Mclntjro In Flatham
listlet ! two months ago.
TRAIN GOES INTO THE DITCH
Iliirlllluiini nnufimJ.enviN ( lieIlliiln
\\lillc ( .oliiK lit I IKHnte of
rift ) VIIli-s nn Hour.
AUUOKA , 111 , April 21 The St Paul
flyer on the DurlliiRton road went Into the
ditch seven miles west of heio last night ,
killing one man and Injuring several others
and wreiklng Iho train The accident oc
curred while the train was goliiR ( Ifty miles
an hour The e'liglno left the track , fol
lowed b > the train , which turned over. The
dining cat and ono coach weic burned.
The dead
CIIAKLHS FLOCK , Chicago , fireman ,
crushed under the engine.
The Injured
William Clinton , Chicago , engineer , badly
bruised.
C' . A Wolf , Chicago , baggagemaster ,
bruised about back.
( ! . O iimcr : , Chicago , conductor , cut und
Injuied Internal ! )
A I' . Plough of St. Paul , vice president
and general manager of the St. Paul .
Duluth railway , thrown through the window
and badly cut and bruised about head.
The injured aie at the Aurora City
hospital
CAR BREAKS ON THE TRESTLE
I'rrlKlitVric1. . on Cliii'liiiinll Sinilli-
ITII C iiiiHi-N lli'iilli of Tramp
Tuo Triiliiiiii-u liijiircil.
CINCINNATI. April 21 Freight train No
3S on the Cincinnati Southern railroad met
with a serloim ure'iU at lirlelge No fll be
tween Oicenuood and Sloano's Valley , Tenn .
today A car broke clown on the trestle anl
,1uO fret of the trestle and bridge were
broken down , causing a blockade of business
for a di > or two An unknown tramp was
killed and Conductor J K Pepper and Ilruke-
man Jennings of .Somerset , Ky , weie In
jured
i " I think them the most wonderful nicdl
dim for all bronchial utTectlptii. " HON.
1'ERitv , Cuitlci Grey , Limerick , Ireland.
Bronchial
Troches
OP BOSTON
Bold In boxesonly-A\od ! imitations.
'
JUNES IS NOT A CANDIDATE
llrllrtrft Ills Work Men In III * I'rrs-
i-iil PIc'lil lllftCMiRsi'N limnr *
of lluFuture. .
NR\V YOllK. April -Mavor S M
Joneg of Toledo , who Is In N'ctt York , was
Interviewed by n Herald reporter on the re-
linrt from Ohio tlmt he might bo nominated
for governor on Iho republican ticket.
"I nm not n randlilAtp , " onM Mr Jones ,
"though there hns been much talk In Ohio
atom nominating me I hate a loud enll to be
mavor of Toledo. Nearly 17,000 of the 21,000
cltl7cns who toted there nt the last election
east their votes for the Independent ticket
on which I ran. though both the political
mnchint'g nil the newspapers and corpora
tions In the cltv and n few of the eminently
respectnble people were UKaliisl me.
' Munlcipii ownership of public utilities
Is the firs' 3t p In reform. This public own
ership will extend to the state nnd nntlnn
nnd I belle\n tlmt In IftiO It will be hardlv
possibleto llnd a railroad In the country
In private ImndB The telegraph will be
the first to pass Into public control. The
taxation of franchises Is merely a makeshift
compromise Ie\clopment of trusts Is the
most remarkable feature. In my opinion , of
tha closltiR years of the ccnturj. 1 do not
regard them as bad In so far as tlie > do
iwav with labor which thej make usilcss. so
that all can benefit , but UIPJ bnucfU enl > a
few. Their organtratlon an * iue Introduc
tion of Inbor-savlng miichlnery have not
made the hours of labor shorter nor ha\e
they Increased wages , and thev ha\o made
It harder for men to find work. "
"Do jou think the Issues vou hare men
tioned will figure In the next presidential
campaign' " was asked.
' 'They arc bound to figure sooner or later
There is a process of evolution going on
which Is Inevitable Then ? Is no moral Issue
between the two great parties. Tluy must
ha\o something more bcrlous to conUnd for
than who shall have the olllces "
llC'11 % * lllllll HrllUiM I'lllllll.
MARYVIU.n Mo . April 21 ( Special )
The heavy rain which visited northwest
Missouri last night has brought the Hood
which has been predicted and expected all
spring. The White Cloud and Xodawaj
rivers were out of their banks this morn
ing and many ehlckens , hogs and other
small animals along their bulks wore
drowned and considerable other damage
done The 1'latte. In the western part of the
county , and the 102 , which runs throus ; ! !
Maryvlllo. also have been rising all day
GRAIN-0 BRINGS RELIEF
to the coffo drinker Coffee drinking Is a
habit that Is universally Indulged In and
almost as universally Injurious Have you
tried Qrain-O ? It IB almost llk * > coffee but
the effects are Just the opposite Coffee
upsets the stomach , ruins the digestion , ef
fects the heart and disturbs the whole
nervous svitem. Qraln-O tones up the * stomach
ach , olds dlggRtlon &nd strengthens the
nervoa There is nothing but nourishment
in Oraln-O. It can't be otherwise. iKn
and 2Ga per packu.ee
Subscribers Only
fALL at The Bee office each
" month between the 1st
and the 10th , pay one month's
subscription to the Daily nnd
Sunday Bee and get a copy
of the
Woman's
Home Companion
To Dec Subscribers Only. $ >
( City Circulation Dept $
Is a preparation of the Drug by which Its i
njurlous effects are removed , while the valuable - !
uablo medicinal properties are retained It I
possesses all the sedative , anodyne and antl- '
spasmodic powers of Opium , but produces
no sickness of the stoma -li. no vomiting , no ,
costlveness , no heudache In acutf nervous
disorders It Is an invaluable remedy and (3 ( <
recommended bj the best pbHUIans I
SUVI' 111 M\ll. IN ri.\N AVIt\IM'Kll i
ON itnt isii'T or i-iiK n. | ,
E. FERRETT , I ,
723 Pearl St. : Now York. \ <
DUFFY'S
PURE MALT WHISKEY
ALL DRUGGISTS.
Thr first pitt of an nthelcte'c trulnltur re-
latcs to the cw of the stomach The Hour-
l hin < T qimlilv of his food l ccmsiderecl.
The mmtititv he e-ils Is carefully vveiffhccl
ami measured It is ctmoui /
that this care of the Mom.
aeh is looked upon as an ex-
trnoriliiiary thins ontv to bo {
pncticccl iu special cltcuui- f
stances
It should tic every our s care I.lfc is a
Mruuple for tin jirm of success The nnn
who wins must nkc < ar < - of his stonnch It
Is not 1-ick uf cnciyv or exercise that hai
ciuscd so tuiuiv a bn < k clown in the race.
It Is neglect of the stum-ioli
Incessant dull liriiHc.hr npjinxvatcd hjr
citlnc flatulence Kimwituf in the stomach ,
htattbuni acid cructaimus , coated tongue ,
bad taste in the nnnitli IHTVOUSUCRS , tncnt.il
depression , sleeplessness , these are onlv a
few of the svmptoins of a weak stomach
and in enfeebled condition of the digestive
and nutritive fuiu-tinns Not nil thr e
symptom * will lie experienced at once , but
an > one of them nuans clatter
'It has nndr i mw mm of me " Is the
constitit testimony of those vvbo have usecl
Ir 1'tcrce's Onldru Medical Discovery.
This renmkable riMUcd > hasi sitcli a perfect
control of the tomicli , digestive and assim
ilative nrgins and blood mtkitiK R ! mds that
it speedily coirccts thcMlerRiiucmcntswhich
wciLcnthem re establishes them in liralthy
working order K > tint once more the whole
body blood , briiu , nerves and muscles i
nourished , and built up into ruKK'd health.
' Golden Medical Discovery" contain *
no alcohol , whisk v or other intoxicant Its
protracted use does not create n craviiiK for
stimulants
The dealer's after the dollar and the cus
tomer's after the cine Us the dealer with
Inseje on the- dollar who proposes substi
tution I.ct the- customer keep his ejron
the cure and insist on " Golcicu Medical
DISCOVCTJ "
Ir ) 1'icicc's Wcasaitt Pellets do not pripe.
Thecffcctuillj cleaiiic thesjstcmof accu
mulated impurities
EVERY MAN
who is pbj lcally perfect , possesses nn nbnn-
dnnce of v Itnl force nnd is nsuallj successful
in business and happy in home.
SEXINE PILLS
build men up to this condition , maLe the
nerves tingle ami tlie 'Mil gjflw wJHi jif ffert
health fi no Hook free.
Kubn it Co . or Now Economical Drug
Co. Omaha. Nebi.i'-ka.
THE NEUMAYER
, i.\c on MI 11 vin. .
2 < U 20i5 20S 210 Ilroadwij. Council UIulTs ,
Kali" . $1 > per cln"a rooms Fli t-clat > s
In over ) rcxpeit Motor Ine to all depots.
Irfual nguiiv for the Cclebiatcd St l.ouls
A II C1 Ilecr. First-class bar in con
nection
un\i. KSTATI :
LOAN'S
On Improv d Farms In Iowa ,
3 run CUNT.
With u Smul. Commission.
Wanted We have a customer for .1 well
improved farm of 40 to SO acres within
three or four miles of a good town In
western lowu Must be Rood land and
j od Improvements Will pav a reauonablii
l.ice i ah puMiient of jiOO , balance on
time
Ono stable for rent
Klffht } acre * fruit and In Mills county.
Iowa , { 15 ptr acie
Nine rre.i Burden land , all under culti
vation inside iltv limits $1,000
A\V have several customers for centrally
located residence property , 11,000 to J.,50i > ,
in Council Ulutts
Stock farm , 322 acres. In HarrNon county ,
Iowa. . Jtl 5u per uire.
For s.Ue or trade fruit farm of 5 ncres
on upper Uroiiclvvav , good G-room brick
house Will trade for inside residence o
G 01 7 room"
Mone > Joined for local Investors at 5 per
cent
\ \ e are now agents for the Liability cle
partment of the Travelers' Iimiranct com
: > an } of Hartford Conn
List > uiir iiropertj with us for sale oc
rent.
Louonn .t Loucni : ,
No 102 Sfatli Main Street ,
Council BluHs. la.
Telephone 312. j
12-icio fruit farm n nr cltv limits of
foundl HluffIn Has good flve'-rooiu
bou'-e 1) ) irn well , IHOC grape vines 20) ) upI -
| ) I < > tiee-s SOO plum trees , J 000 blnckberi leu
.ind r.ispbei ili-s. This Is a geiod fruit fnmi
.ind neat to a m irket
l-.u n ft nit lot with lions , b iru we'll , I'l
acres In lilackhc'irlc" ) 1,200 be'.iilng grapn
vlnrs , ipples , ilium and clienv tiecs It | q
1 lew to stic-c't e u line * and paved KtrPft ,
bis fin < liidi and nlic- lawn Thin tract 1i
de-s'r.iblv loc iteil nnd sultalili lor pliittlnn
Intej lots and w mill In lug eloiible > whit li
UMki d for it If pint ltd
SO-ncie' fuini , 75 aeie\s run JO oiiltiv.ited ,
good -j-room iiou e Miiall stalile , will ,
voung oroli inl , well fi'iieed I'rlc'i , 5ii pel
acre
SO-iicrn farm In lliilelln lounhliip I'ntt.i.
\\aItHrnlc coiintv run 'ill bo cultlvatedi
linusc' , him cribs griiniry , apples iiltims.
( iood neighborhood Price JO pnr ai'ff
lO-iu're' fruit and gardi'ii fnrm near f'oun-
e-ll Uluffs. I.I , ieifn be-iirlii ) ; vlni'V ml * liiw )
ii | > | ) le' tiees , CiOilirfiiv ire-c's , JOO plum trees ,
2 acres of liliickbcriii" Ail Hit fruit < em-
H'stH of Hit- best selected vaiMlcs and la
Just coming Into Us aulini
JolniHlon & Kcrr. Council liluff * .
FOR SAI > n , at a lurRHln , mj cottage resi
lience , ! H2 Fourth ave , six rooniH , billi
room KaH wnti > r , li prli e J1.2iO ( $1 L'0 < )
cash linlinifi c i.'iy terms See II ( ! Mc-
Occf , Pt irl . t 01 John O Woodward.
May ll lit , but only one- can lead W < > aie tlio Ic-aders. Tlioso ncnte- facul
ties Unit devise and foic-co the dilft of popular wants and pioviile acc-oid-
liiBly , make "romiiieiflal seiieialH. " Our new SIMUNf ! Sl'ITS AM )
ON'IJIU'OATS Jinve anIved , re-splendent In all the ( 'lor.v of e.\ < | iilsle ! vvoik-
inaiihlili ) , liandsoine patleins , aitlstlc effects , e.vlusho stylets , In Hie late.-n
DnttcH'iih und iio\olti' "
Kino all \\ool elotlilii ! , ' has ncnpr been sold so elieaply bdfoie , and -\\e
mo leady to inukc tlie ptlc-es about ten nolelius lower tliuii yon liavci any
Idea of.
now Anorr voi it Ki'iiiNr. ovnuroAT ?
Successors to Metcalf Bros ,
_ _ _
< ; > < * ) )
8t 0 I
9a t > Iu
IO Cents. 5 Cents.
14
TWO JUSTLY POPULAR CIGARS.
a
Join ) G. Woodward & Co. , Ela
at