TIFF. OMAHA DAILY NEE : VV. APHITj Gfl.
MICH 10011 FOR REFORM
Features of School Minaffament Wldo Open
for Improvement.
VIEWS OF A NOTED EDUCATOR
Ann * ill * flr r , , , , , ! * IIIK ! DoiinUon * to
e'-SelioolN of < : renter
New VnrU IMneiifloii
Of I lu > IlllllllllM.
1'roslilcnt Kllol of Harvard college , de
livered an address before tlio Massachusetts.
Ucform club In Hosttm rcccntlj on the sub-
JccA of public school reform * ) . The address
r/nbrnced thrco divisions school sites anil
tmlldlngs , selection of teachers , and mom-
fcenliln of school boards. While the notc.il
educator addressed himself to conditions
prevalent In Boston , thcso conditions flo
not differ from the Imperfections of the
public school system of other cities , hence
Ills criticisms have n national application.
Ono point made wllli reference to school
sites la particularly applicable to Omnhn
"Tho first evil which v\o hmo had experi
ence of , " said President nilot , "li tlie
want of forethought In the administration
of our schools. The population of all our
largo cities uhlftH and Increases , and I have
Jiovcr heard of any largo city uchool com-
nilttoo which has been able to foresee and
calculate upon such shifts. Yet only n very
moderate amount of foresight It needed for
that puipose. In Dostono have seen cer
tain school houses practically abandoned , or
their attendance greatly diminished , whllo
in other quarters school accommodations
liavo been completely lacking , or , at least ,
the school children hnvo boon greatly
crowded , making It liccersary to hlro out
side city buildings for the purpose of
temporary accommodations. This Is a very
great evil ; It Is an extremely wasteful
uvjthod for any city. "
Concerning the selecting and appointing
of teachers , President Hllot said : "Mem-
licrs of school boards are all subject to Im-
inoper Influences In the selection of teach
ers. They nro all disposed not to look
Iirlmailly and always at the Intel cut of the
children In the selection of teachers. When
ever on Incompetent , disabled or Indolent
or uninspiring teacher Is Kept In charge
of fifty-six children for n year , a grave InJury -
Jury Is Inflicted upon e\ory one of those
children. It is nn Injury not visible to us
llko the killing of 200 men at Santiago.
Hut , vvoiso than that , none of the city
) echool committees hnvo any adequate
means of getting out of their system teach
ers who have demonstrated their unfllnesi ,
and this again Inflicts untold Injuiy upon
successive generations of children , who
come under the Influence of thcso incom
petent or disabled teachers , when they could
1)0 ) under the influence of Insplilng , able
and vigorous teachers. A\lio can calculate
the effect on the children of Boston of
maintaining in the corps hundreds of In
competent teachers ? '
"Thero is another evil , " ho continued.
"There is not a largo city school system
that I know of that Is not subject to tha
charge that It inflicts the greatest phjslcul
Injury upon Us children through neglect to
provide fresh air In adequate quantities ,
clean water-closets , good plumbing , and
adequate heating and ventilation of the
rooms. A report Issued by an organisation
which In 1S98 Inspected all the Dostou
school buildings , and again In 1899 , says
that nearly half the ; school buildings ofthe _
city are still in I lib condition to be de
scribed by such words as 'bad , ' 'disgrace
ful , ' 'horrible. ' And the details of this c-
port show that there exist In many school
buildings rlghl in this city conditions which
none of us would permit In our own houses.
u -it i i. , . . . , . " . '
Means of llcforiii.
"Now , what arc the means of reform ?
The first of these is to make in school man
agement the distinction familiar to nil
Americans between the leglslatho and ex
ecutive departments. There exists today in
the city of Boston , in spite of the admirable
effort of the school committee to reform
Itself without the aid of legislation , much
confusion of these two departments. The
function of the school committee should be
legislative In the main , and executive only
in the sense that It selects experts for the
conduct of the different blanches of Its busi
ness , and holds them responsible strictly to
It. As to the size of the school committee
In the different projects now before different
legislatures In this county , the numbers of
the proposed now and smaller boards \ary
from seven to elo\en. I believe In the
smaller number , because efllclency Is gicatly
A promoted In a body of this natuio by simply
having what General Walker called 'a round
table board. ' I have had thirty years' ex
perience ns a member of the most successful
board which ever existed In the United
States the present 'president and fellows of
Harvard college' and It is abbolutcly the
most successful In this country. It has been
steadily nt work for 2GO > cars. H has never
lost one dollar committed to Its trust through
any malfeasance or misbehavior of Its sub
ordinates In this tjpp of board wo have
got nn experience corroborated by the ex
perience of such Massachusetts enterprises
ns the metropolitan sewerage system , the
metropolitan park system , the Metropolitan
Water board and the Transit board. Hero
aio four Instances of absolutely honest , fru
gal , successful municipal administration , two
unpaid and two paid "
Iliulo menlH of CnlleKcM.
Vassar wants $1,000.000. Yale university
has appealed for $2,000,000 , and thn presi
dent of the Chicago university announces
that it urgently needs $9,000,000. All the
colleges are anxious to broaden their bases
In order that they may broaden the ncopo
of their work. The year lias started out
\\ull with endowments for universities.
Olfts aggregating over $1,000.000 liavo boon
made to Washington university In St. Louis
nnd nearly every college throughout the
land has been the recipient of n greater or
less endow mont. Our colleges are among
the wealthiest of ominstitutions. . Har
vard's interest bearing funds amount to
$8,963,053 ; Yale's , $1,500,000. Columbia's ,
$9,500,000 ; Cornell's. $ G.I4C,81S , Olrard's.
$15,018,110 , and Lcland Stanfoid , Jr's , $3-
600,000.
President Harrows of Obcrlln college , lias
Just announced n gift of $50,000 to that In
stitution. The glvoi's name ho withhold : ,
by request.
Senator-elect N. n. Scott of West Vir
ginia , has offered to the University of West
Virginia , of Morgantown , n cash prize of
$100 each year , to bo given to the young
woman excelling in oratoay.
Dr. Pearson of Chicago , well known
through his rnccnt gifts of money to various
colleges , has promised to Yankton college
nf Yankton , S. I ) , $80,000 , provided the
existing debt of lh institution , amounting
to about $2S.OOO , Is wiped out by July 1 ,
1900When
When Andrew Carnegie was In Plttsburg
last fall he made slight reference to giving
some money for additions to the Central
library , art galleries , music hall. etc. When
the trustees met lout Tuesday they were
amazed to receive a letter from Mr. Carnegie
offering to glv'o $1,750,000 for the purpose.
Ho also stated that at the rate the Plttsburg
Initltutc is growing further Additions will
have to bo made about ten joars from now.
The present plans , which have been approved
by Mr. Carnegie , provide for enlarging the
buildings two and a half times * .
Mr. Carnegie has given more than $7,000-
000 for public libraries , etc. Five million
dollars of this was for buildings In Alle
gheny county. Work on the additions will
begin nt once Mr. Carnegie's Intention Is
to make the Institute the greatest free edu
cational Institution In the vvnrld.
Ai-tv 1 orU'n Suliool Sjxtrin ,
The last report of the New York depart
ment of education was made on August 1 ,
1&98 , or rather , It was prepared on that day
to cover the operations of the year preced
ing. U showed the expenses of the depart
ment of education In the five boroughs , com
prising the consolidated city , to have boon
$10,028,000. Manj European and South
( American governments , sa > s the New York
Sun , do not collect or disburse In a vcnr so
great n sum , certainly no European or South
American government expending $10,000,000
In a year derives from the outlay the al
most Incalculable benefits In the diffusion of
educational advantages that flow from the
expenditures of the New York department
of education. Nearly half the total expend
iture , or more than $7,000,000 In all , goes
for the payment of salaries to teachers. In
the category of regular school teachers or
those permanently cmplojed In the depart
ment outside of the boroughs of Queens and
Richmond , the sum of $0,595,000 is paid for
salaries , in addition tr/which $37,000 is paid
during the vcar to teachers of music , $35,000
to teachers of drawinlg , $8,000 to teachers of
phjslcal tialning. $57,000 to teachers of
manual training , $27,000 to Kindergarten
teachers , $22,000 for the training class for
teachers and $200,000 for teachers In the
night schools. The next most Important
item of school expense in Now York is for
building and school sites , the total amount
of which last jcar was $3,888.000. After It
followed the Item of school extensions ( land
nnd buildings ) , a total of $1.570,000 , and the
Item of repairs for school houses , $6oO,000.
Then followed the cost of school books and
school apparatus ( globes , maps , blackboards ,
chalk , slates , pencils , stationery and ink ) ,
$618.000. For furniture , tables , desks , forms ,
chairs , clocks and bells , there was expended
$175,000. For printing nnd postage there
and for the pay of
was expended $53.000.
other employes of the department , truancy
ofllcers and physicians , $655,000. Of this last
sum $100,000 Is paid to school superintend
ents , to clerks $129,000 and to the superin
tendent of buildings $10,300.
In computing the expenses of maintenance
of the educational department of New "iork
It Is customary to give only the actual cash
receipts and disbursements , but these are
really misleading , because they fall short
of the full amount , as few of the schools
of New York are In rented structures , the
great majority being In buildings owned by
the city and p ld for by the Issuance of
bonds. As to these buildings , therefore , the
rent is actually -paid for in the form of in
terest on the bonds , but this item docs not
enter into the computation of city school
expenses. On the contrary , the department
of education has. practically , most of the
schools free of rent. Moreover , the city
of New York exempts its school buildings
from taxation and from water rents , items
which , If added to the other expense for
rentals , would bring up the total to an
[ amount much beyond the present figure.
As it la , the city of New York expends
, ' { 125,00.0 .for rentQd school buildings where
sites have not been , or cannot easily bo , ac
quired. Some other items of outlay are In
surance , to the amount of $10,425 ; Janitors , '
pay and Janitors' supplies , $502.000 ; water
rates on rented property , the payment of
which Is assumed by the city , $324 , and
coal , wood , gas nnd electricity , $278,500. In
addition to these sums there are some minor
Hems of outlay and the expenses of schools
in the boroughs of Queens and Richmond ,
which amount collectively to $1,500,000 ad
ditional. These Items do not Include the
expense of the College of the City of New-
York , for which $200,000 a year is appro-
pi luted , and of the Normal college , for which
$175,000 is appropriated.
Imlliiu Ililiieatlini.
Miss nalello Heel of Cheyenne , Wjo , na
tional supeilntendent of Indian schools. Is
nan inspecting the Indian schools of Kansas
and Oklahoma. Speaking to a reporter about
the schools and school children , she said :
"There are Immense possibilities In the
education of the Indian. Of course every
one recognizes that fact. But , after all. llttlo
Is known of the actual progress the govern
ment Is making. I found mjbelf Ignorant ,
oven thcugh I had long been interested In
the Indians. You know , I am a western
woman , and for jeans had been familiar
with some of the tribes.
"It Is estimated that there are 500,000 In
dians in the United States. Wo have 50,000
of school age. The government maintains
about 500 schools. These are scattered over
many stairs. The Carlisle school Is best
| known , for it may be called the Harvard
I and Vafsar college of the Indian. In its
I ( ists of graduates are many who have really
distinguished themselves. I am aware that
it Is the custom to declare that even after
years of education the Indian will return to
his blanket , but statistics do not bear out
this theory.
"Records ehow that 70 per cent of the edu
cated Indians make good men and women
1 wonder what the records of the white
man's college would bo. In this connection
too much credit cannot bo given the mission
aries , for they watch the Indians who are
returned to their tribes from the govern
ment schools. The work done by the Cath
olics is especially nothworthy , but all de
nominations are helping along this line.
"In addition to the largo boarding schools
llko the one at Haskell , Kan. , there arc
many small day schools scattered through
Indian Territory , Oklahoma Territory , .Min
nesota , California and other states.
"It seems to me that the redemption of
the Indian lies In manual training. It should
bo Introduced In the smallest schools. Wo
are now teaching the girls to cook and to
sew , but wo hope to take up training In a
dozen useful Hues. It has been proved that
the wisest policy Is to gather a largo num
ber of children from a tribe and by educat
ing this group to provide a big leaven of
civilization for the whole people. In the
pnat two or three boys and girls wore re
turned to a trlbo. They were fitted for their
old customs and they had no power to
change the savage conditions they had out
grown. It la no wonder many became dU-
gCXX > OOOOOOOOOOCX5 < XIOOCXXXXXX > OOOOOOOCXCX3CX > OOOOOOOOOC
Dyspepsia , Gout , Rheumatism , and all kindred
ailments are quickly overcome by the use of
Nature's great remedy and general health producer.
5CCOOOOOOOOOOOOOOOOOOOOCXXXX > OOOOOOCX5OOOOOOOOOOOOOC
I'll 1(011 , UnlliiRlirr & Co. , DUtrlliu turn.
Sold by Slteriuiiu it Mi-Council Urn u Co. . OiuuUa.
and found their only hope of con-
( tcntment In forRettlnR all they hid learned "
IMilcntliiiint Nee ( .
The experiment ot free baths In the Chl-
RO public juhoJg IB to be tried In one or
two of them upon the recommendation of
| Superintendent K. Benjamin Andrews.
Major Van Wjck of New- York vetoed the
resolution of the aldermen requesting the
Hoard of Education to permit solicitation of
funds from the school children to bo used by
the government In building a battleship.
Cornell university has a new museum , an
"educational museum. " It li not historical
In character but an exhlbll of mclhods now
prevailing in American schools There Is a
library of118 text-books , practically all now
used In the schools , which hare been donated
by Ihc publishers.
John Henry MacCrackcn , though but 21
jears old , Is a college president , nnd was
hardly out of his teens when appointed as
sistant professor of philosophy at New York
unlvcrslt ) . Ho Is the youngest college presi
dent In the country. If not In the world. Hut
then this Is the ape of young men
Languages form over C2 per cent of the
studies cf freshmen In the department of
arts and sciences in Cornell unlvcislty , and
over fi2 per cent In the sophomore jcar.
Languages , philosophy , history and political
science form 75 per cent of the studies or
freshmen and over 83 per cent of Ihe studies
of sophomorei In Ibis same department of
arts and sciences. It Is obvious thai
"sciences" Is the small end of this depart
ment , although Cornell Is often spoken of ns
a scientific Institution.
Very sug rullve was Ihe remark or
llev. L. A Delury , president of St. Thomas'
college ( Roman Catholic ) . Vlllanova , I'cnn. ,
at the Catholic Educational congress in
Chicago Ihe other day. Ho said' "There Is
not only n drifting of Catholic students to
non-Catholic colleges , but a positive march.
\Vo admit It. We musl ndmll It. Regarding
the remedy 1 would say that more attention
be given In Catholic colleges to betlcr breed
ing , better manners , genllcmanllncss and
manliness. More attention must be given to
accommodate the student and greater efforts
must be made to give moro instrucllon In
Ihe sciences. "
General Wheeler did well lo induce Iho
colleges and universities of America to edu
cate free the youth of Cuba. Hut homeono
sltouhl make It possible for American Insll-
lulliins of learning to teach Spanish tt >
Amcilcnn boys. Almost no lu-
strucllon In Spanish is obtain
able. In Cornell ujilvcrsily , for Instance ,
there are two professors teaching German ,
nnd a professor and an assistant professor
teaching Trench , In both cases aided by in
structors , whllo Spanish Is taught only by
an luslruclor who also leaches French. Only
Iwo courses In Spanish are given , the elementary -
montary course having Iwonly-nine stuJents
nnd the more advanced course six. Yet some
600 Cornell sludonls are studying languages
from Hebrew , Arabic , Sanscrit , Greek and
Latin to German , French and Italian.
TEST CASE IN THE COURTS
lun of "Who HUN ( lie Authority
to Annie Count ; Auditor
li Culled Pp.
The alleged authority of the Uoaid of
County Commissioners to designate em
ployes In the olllco of County Clerk Haverly
la at Issue before Judge Fawcctt In connec
tion with the application of Mr. Haverly for
a writ of injunction to prevent such action
on the part of the board. The forenoon was
occupied by the narration of the plbadlngs
and the submission of affidavits. The argu
ment was begun , but as the court suggested
that some time could be saved by giving
him a chance to examine the pleadings , an
adjournment was taken to 2 o'clock. At
the same tlmo Judge Fawcett stated In ad
vance that he considered the bulk of the
matter brought out In the pleadings Irrele
vant to the Issue. The question Is simply
whether the board Is attempting to Infringe
on the legal prerogatives ot the county clerk
In reply to the contentions set up by the
answer of the defendants Attorney Straw n
read the aindavlt of Auditor John II. Tate ,
whom the majority of the board now seeks
to oust In favor of Harry P. D unl. Mr.
Tatc detailed the duties of his position and
affirmed that they come under the Immediate
direction and supervision of the county
clerk. The clerk Is also the custodian of
the records with which the auditor has to
do. In conclusion Mr. Tate statifd that Com
missioner Connolly told him thit he , Connolly
nelly , was about to Introduce a resolution
to provide for his , Talc's , removal , but
stated that his services were entirely satis
factory nnd ho was going to get him re
moved merely because Mr. Haverly had re
fused to keep Halfdan Jacobsen omplojed In
his office.
In reply to the contention in the answer
that the auditor is an appointee of the board ,
the allldavlt of Fred J. Sackett stated that
Tate was appointed at his request while he
was county clcik , that ho was Installed as
a clerk In his office and that ho worked un
der the control and direction of the county
clerk.
An additional affidavit by Mr. Haverly set
up the fact that the fusion members of the
board agreed with him to test the issue In
friendly suit over the appointment of Ed J
Dee on a previous occasion , and that the test
had been settled in his favor. Ho also said
that Commissioner Hector told him about
March 30 that Connolly said that ho pro
posed to Introduce a resolution to cut off the
quarterly allowance of the county clerk un
less Jacobsen was retained as nn employe
In the clerk's ofllco.
Whllo the arguments were along a some
what similar line to that which was fol
lowed in the Dee case , they were much
moro claborto and each party presented
numerous authorities In support of his posi
tion. In behalf of the county clerk llr
Strawn discussed at length the duties which
the statutes confer on the board to show-
that it Is going outside of Its jurisdiction
In the present Instance. On the other hand ,
Mr. Mahoney spent a couple ot hours on the
same subject , but his argument led to the
opposlto conclusion. Ho spoke of the nu
merous duties that the law Imposes on mem-
bcis of the board and contended that It Is
plainly a iarcnt that It Is the province of
the board to appoint an auditor to audit the
accounts of county officials and other dcc-
umcnts on which the board must pass ,
Judge Fawcett reserved his decision.
A Slronn MIIII'M Secret.
The strongest man on earth says the secret
of his wonderful power Is perfect digestion
Hosteller's Stomach Bittern makes digestion
easy , and cures all complaints nrlfelng from
weak stomach , biich ns Indigestion , bilious
ness and all liver and kidney ailments. As a
blood purifier and nerve tonic It Is marvel
ous , It Is recommended by all physicians ,
and sold by ever } druggist in the country.
Ever ) body needs It at this tlmo of tlio year.
Morlillll ) btntlxtlcH.
The following blrlhs and dealhs were re
ported to the health commissioner during
the twenty-four hours ending at noon jes-
lerday.
Jllrths rotor Peterson. 3023 Hurdetto ,
boy ; Joseph Marshall , 1925 South Illght-
oonth , girl , Clarence Patter , Twenty-fourth
and Fort , girl ; Paul Krajlnlvskl , bo > , Jo-
scuh WlodoK , boy.
Deaths Margaret Hartell , 1009 Capitol
avenue , 61 years , heart disease , John Me-
Cormlck. 419 North Nineteenth street. 75
jears , Fritz Oroenflold , county hospital , 31
jears ; Ilaby 55ook , 1125 North Nineteenth
Htrect. 2 months , Ollvo M. Hughes , 1S07
Nicholas street , 22 years , Ole Olson , 117
North Twenty-fourlh slroct , CO years , rheu
matism of the heart. Magdalene Olson , 2519
Reese street. 71 years , old age , Pat McCaf-
fery. 1220 South Twelfth street. BO years ,
pneumonia ; Ina M , Schultz , 1311 California
street , 1 ! ) years , bulclde , Mirtlo Watson ,
2222 Clark street , 21 jcare , spinal menin
gitis.
Jtit > following licenses to wed were issued
by Judge Baxter yesterday :
Name and Residence. Age.
Seth A. Watterson , South Omaha . , . 21
Gertrude A , Clayton , South Omaha . 19
ra L. Holland , Strand , la , . , . . , . 52
Anna J. Tvedt , Omaha . , , . , . 39
1 FUNDING THE CITY'S DEBFS
Proposed Plan for Taking Oara of tha
Maturing Bonds ,
TEN-YEAR RENEWALS ARE NOW PROPOSED
CM ) ' Attorney Council of tlic Opinion
Hint ( tic Credit of Oinnlin Can He
.MnllitiiltitMl nt Its I'ron-
cnt Mumliird.
This jcar the city will issue renewal
bonds to redeem maturing special Improve
ment district bonds in cases where there
Is nut money In the special Improvement
district funds to redeem them. This Is the
plan of Cltj Attorney Connell and Council
man Stuht of the council finance committee
to escape delayed pajment of these short-
time bonds. These city ofllclnls declare that
It Is the only plan practicable In view of
the fact t\int \ there Is no money in the gen
eral fund which may be used to redeem the
bonds that mature.
The proposed renewal bonds will bo similar
to those which have been Issued by the city
from time to time In the past They are
to run for a period of ten years and it is
thought that they can be floated as 4 per
cents. Illds will bo called for , sas In the
case of other bonds. It is not believed that
the council will make any great objection
to the plan , but rather will bo forced to
adopt it because there seems to be no other
way out of the difficulty.
"I admit that this matter of renewing
the city's obligations may not be the best
business policy that can be pursued , as a
general thing , but It is the only course open
to the city , " declares City Attorney Con
nell. "Where there Is nothing In the spe
cial Improvement district funds with which
the bonds may bo redeemed and nothing In
the general fund , there nro but two wajs
open , in my opinion. Om > is to repudiate
the bonds , the other to Issue renewal bonds.
The latter course will be readily admitted
to bo preferable. "
If the council adopts this plan It will
first redeem nearly $4,00n of special im
provement bonds , Issued a number of
jears ago to pay the cost of the
Walnut Hill grading , the tax for which
has been declared illegal by the courts.
Thcso bonds will fall duo on the first of
next month , and will bo taken up with
money out of the general fund. This money ,
however , -\\lll bo consider. 1 only In the
light of a loan. It Is the intention not to
cancel them , but to hold them until re
newal bonds nro sold. Thr general fund
will bo reimbursed with the proceeds ot
these bonds.
City ofllclals generally reeird the plan a <
an indication of what the city will do In
the case of long-tlmo bonds , when these
begin to fall due , unless Omaha taxpayers
meantime disclose sjmptoms of a - willingness
ness to be taxed moro heully than thy
are now. This question of redeeming long-
tlmo bonds will bo presented for the first
time In the history of the city next year ,
when bonds to the amount of $66,000 fall
duo. If thcso are paid by the city It
will require an extra levy of 2 mills for the
sinking fund over and above the amount
that was levied this year. Opposition will
probably bo made to any pxtra levy , anl
In consequence the city will be foiced to
Issue renewal bonds
FOR GFJAZING AND FARMING
LiiireiL ilciitMl Dc'iiiiuiil for AVcstorn
Itiillroiul I.undn Hl r hnlcN by
Union I'ncllli * .
Demand for land for grazing and farming
purposes in the far west continues , and the
number of sales are unprecedented. The
land department of the Union Pacific has so
far this month sold 8,372 acres In Kansas ,
which Is 5,000 more than the average
monthly sales in ten years In Colorado
3,000 acres of railroad land hive been sold ,
while applications have been received for
14,720 acres In the Union division In Ne
braska , Wjomlng and Utah , the deals for
which cannot bo closed until the deeds for
the property pass from the old to the new
company , which is expected to take place
some time during the coming month. The
sales which have boon completed have gen
erally been made to adjoining farmers and
ranchmen , and as a rule the tracts have been
small In extent. Many inquiries concciulng
the lands in the western states are being
received from eastern people desiring to
engage in a gracing business , and It Is be
lieved theio will bo a largo number of Now
Englanders among the purchasers next fall.
A largo colony of Wisconsin farmers Is ex
pected to locate upon some of thcso lands
during the summer.
No Iteliff Iroin It lien inullNiit I'nfll I
.
Cliaiiilici'liilii'N I'ain IlnlinViiK lised.
In 1888 my wife wont east and was at
tacked with rheumatism. She received no
relief until she tried Chamberlain's Pain
Balm. Since that time we have never been
without it. We find it gives Instant relief
In rases of burns and scalds and Is never
falling for all rheumatic and neuralgic pains.
D. C. Drant , Santa Vnez , Cal
HOKUM 'I'llenter I > < INHI > M.
The police have hem asked by Manager
Durgess "to apprehend two men who are
victimizing the public by tcllhit : bogus
passes. The men pose as advertising agents
of the theater and usually carry a roll of
lithographs to aid them in their deception.
For 50 cents , or whatever amount they can
got , the two swindlers glvo passes which
they toll their vl'tinu entitle them to the
best * ents in the theater
Twelve nppH'HUon wore made at the box
olllro window for tMtg on these worthies *
pauses Mondnj The majority of them wore
signed 'Murphy " The theater lo ps nothing
by the trniuflclUms of these fakirs and the
fraudulent passes never gel any further than
the bor ofllre window.
SUPREME COURT SYLLABI
No. SV,0 Hoot agnlnot Knit Alllnncd.
App'al from York countv. Sullivan , J.
1 When the owner and holder of a paal
duo negotiable note receives psvmont
thereof from the maker or other peron
I ibie thereon , HIP obligation Is oMItiRulshetl
and If It be afterward * transferred to an
other the transferee will acquire no better
iltlo or greater right than the transferor
poss'S'cd.
2. The evidence examined and held sum
elcnt to sustain the llndlng of the trial
court.
lOSOt' . Manning against Free-man. Af-
llrmcd inor from Douglas count } . Nor-
vnl. J.
1 Where n cn e Is Mibm'ttpd on nn agreed
printed nbstnut the court will not look
no ) oml the abstract ( O Nelll nculnnt
riood. 78 N W. Hep. ( Neb ) 197. fillow d )
2. Tim printed ab'tract must Include the
petition In error , or nn abstract of the as
signments of error therein contained.
loy.i ) . U.ivls ng-ilnst State Reversed. Kr-
ror fiom Doucl.iR rounty. Harrison , O , J.
1 "It .shall be sulllel nt In run Indictment
where it "hill be necess\ry to allege an In-
tout to defraud , to allege that tile , party
aeciispd did the net with Intent to defraud
without alleging nn Intent to d.fraud any
particular peison or body corporate. " ( Sec
tion 417. C'llmlnal Code ; Roush against
Stiitf. 31 Neb. 320 , Xlore.irty against State ,
40 Neib f 2 )
2 In a trlil on the ohirgo of uttering
forged instruments evidence of similar acts
on the Panic dav may be received to show
the guilty knowledge or the Intent of the
accused In the net charged.
3. In an Information of the uttering n
forged , written or printed Instrument thcro
should bo set forth a oopy or th > purport
of each material portion of said lustru-
No'svis Michigan Mutual Life Insurance
Company against Rlchtcr. Alllrmcd. Ap
peal from Douglas county Harrison , C. J.
1. If In the lecord presented to this court
In an appeal from nn order of continuation
of a Bile of real estate under decree of
foreclosure there Is no evidence that the
property sold ooiHslod of wparato tncts
or lot ? , it will be presumed that the ofllcer
who conducted tha sale did his duty in n
law fill manivr nnd that his offer and Mile
of It ( is a whole or one piece of vroperty
was proper.
! > An appraisement duly made of rent
Obtato for the purposes of a Judicial nulo
rannot be pucco-Bfully attacked Bo'cly on
the ground that the property has been np-
ur.ilscd too low To ninkv the low valua
tion a successful ground of attack on the
nppialscmont It must bo challenged for
fraud. ( Brown agaln't Fltzpatrlck , 76 N. W.
Rep. , 45C. EG Neb , followed )
No. SSI7 Mirkcy against School District
No IS , Sheridan county. Alllrmcd. l > ror
from Sheridan county. Norval , J
1. A school district has no authority to
purchase school furniture and temio n war
rant tlurcfor payable In the future (1'omo- (
reno against Schoo' Dlstilct , 50 Neb , fol
lowed. )
2. A recovery cannot be had on n con-
tinct with a district boaid providing for
payment In time warrants < Id.l
3 The ultimate or Nsuablo facts to bo
established should be alleged in u plradlns.
4 The averment of a mere conclusion of
law in 1,1 pleadlnp will not be taken ns ad
mitted bv the filing of a general domuiivr.
5. A schoo' district cannot ratify a void
contract entered into by Its ofllcers at least
when It linn not observed the conditions as
prerequisites e. i > ntlal to make a valid con
tract In Its inception.
G An action to iccover on nn luiplled as
sumption Is barred at the expiration ot four
years aft ° r the caus > e > of action .iro&e.
7 Au Individual member of a school dis
trict board cannot bind his district by nets
not authorized by the board
No 8S57. Dlllion agniiibt Chicago , Kansas
& Not them Railway Compiuy Reversed
and di.iml eed. Appeal from Nuckolls
county Norval , J
1 A Judgment rendered by a couit having
juri-sldlctlon of the pirtlcs and of the mib-
j > < -t matter , as between cucli parti' 3 , con
clusively sett es all questions litigated , un
less subsequently reversed or modified In
the manwr provided bv l.ivv.
2 The jurisdiction of a distiict court to
modify its judgment after the term Is
limited to tbe , grounds enumei.itcd in sec
tion WX ! of the Code of Civil Procedure.
3. A district court has no power to vacate
or modify its judgment after the teun on
the ground that error of Ian- had been com
mitted by it in rendering such Judgment.
4. A Judgment becomes dormant on which
no execution has been lcsued and levied b"-
fore the expiration of five jears next after
its rendition.
5. A railroad company condemned real
estate for right-of-way and the land owner
appealed from the award to the district
court , where judgment was rendered against
the company , which it paid In full and the
Judgment v ns satisfied Two years after ,
and at a Mihscqupnt term of the district
court , on applcation of the land owner , the
judgment was modified for error of law
committed by the court on tendering its
origin il judgment. The railroad company ,
after condemnation proceedings , took po = -
scsslon of th" right-of-way , constructed Its
road and operated the same for several
\ears without objection of the land owner
The modified judgment became dormant ,
nnd. without Its having1 been r"vlved. the
land owner sought to enjoin the operation
of the rallroid until the company should
piy bild modified Judgment. Held , injunc
tion would not lie
IlfSN II [ IX a hc-lK-lllf.
A resolution will be Introduced nt ono of
the future meetings of the Board of IMuca-
tlon , probably at next Monday's session , au-
thori/lng the employment of a landscape
gardener to lay out the High school grounda
In an artistic manner. Member Hess pro
poses to father such action. "This action
.will bo directly along the lines suggested by
The Ilec , " said Mr Hess. "Tho High bchool
grounds will nl\\ajs remain ono of the land
marks of the city and the campus should bo
made a thing of beauty. "
People who have once taken DeWltt's
Llttlo Karly Risers will never have anjthing
else. TJiey are the "famous little pills" for
torpid liver and all Irregularities of the sys
tem Try them and you will always use
them.
llrotliiTN riKlit anil llodi Are Dciiil.
HISMARCK , N. D. , April 25. James and
Joseph Cnldnell , brothers , living on n janch
near Wllllamsport , quarreled last night and
James shot his , brother to death with n rifle
Ho then committed suicide by drinking car
bolic acid.
As the Father
his ciar } f-o the mother and
child enjoy llaldufTH delicious lee
cream bilekh so pine that phj'hlclaus
recommend them and in many easeh
prescribe them quart size any flavors
frozen bolld ns a brick for they'ie ice
cream brlnKh dellveied to any pait of
the city of Omaha for 'Oc Old custom
er * will notice that tlmt Is quite a cut
in our tormer pi Ices Wo put the name
cream up In little ban els for you to
carry home yourself at lc ( ) quart fal/.o
t0o ! for pints.
BALDUFFS ,
Uwcb-llilO to 2i3& Supper-3i30 to
1520 Fnrnam St
C
Today at 2:30 : and 8 P , M ,
Is the great auction sale of the famous
Macdonald colluetlon of oil ami water
color paintings Ainoiii ; the o will lie
found many vvoiKs of art from the brush
of the best known modern palnteis As
this is a sale without any reserve It
will p.iy every one who wishes to udil
another plctuio to their home to attend
It will be a money savins opportunity
that may never occur apiln-The sale
takes place In our new upstairs audi
torium here there \\lll bo ample ac
commodations for all who tome Sale
will close Wednesday.
A. HOSPE ,
We eelelirntc our -nth bu > lne i AUDI.
Tcr.ury Oct. 2Urd , 1HOO.
Music and Art 1513 Douglas *
If Dot had played with common soap
What wreck thcre'd be to-morrow !
Her hands all chapped , her dress past hope ,
Her toys a tale of sorrow.
But mother lets her play like this
And wash whate'er she chooses ,
For not a thing will po amiss
When Ivory Soap she uses.
IVORY SOAP 99o PER CENT. PURE.
COPYRIGHT 1898 DV THt PROCTER 1 GAMBLE CO CINCINNATI
Provisions Made for Hooping West nnd
South Boulevards in Repair.
PROTESTS COME IN FROM LOCAL BANKS
Contention tlmt < lic Klniinclnl Con
cern * of Cl ( > Cnniiol A ( lord ( u
1'nj I.t'Kiil liiU-ri-Ml on
DP | > M | < N of Count j.
The tiansactlons of the lloaid of County
Commissioners were limited to a few rou
tine matters , as the members wcio moio
Interested In the Injunction suit that was in
progress In equity court. A resolution by
llofeldt was adopted by which August
Hogert was designated to Keep the west and
south boulcvaids in repair for $50 a month ,
dating from May 1.
The finance committee reported an ap
proval of the report of the county treasurer
for the second half of 1S9S. The totals aie.
On hand Julv 1 , lisOS . $ lbSG70.M
llocolvtd July 1 to January 1 , 1S9S. . 2SI.136 15
Total . 472.S06.Sl
Disbursed . J.hJUJ0.1l
Un'unce , January 1. 1S39 . H3,3SG.fi7
A' safety deposit vault In the office of the
county treasurer Is an article that promises
to become a necessity If the law requiring
the banks to pay 3 per cent Interest on de
posits of dally balances Is to bo enforced.
County Treasurer llelmrod Is In a quandary ,
and this Is the only solution that ho has
been nblo to llguio out. Tha banks abso
lutely refuse to pay the legal rate of in
terest * nnd , as the bonds that they have
given an public depositories expired at the
beginning of the jear , there appears to bo
no way in which they can bo compelled to
handle the money unless they want teAt
At the labt session of the legislature a law
was passed by which the rate of Interest
on deposits of state money was reduced from
3 to 2 per cunt. A similar bill was Intro
duced with reference to deposits of county
funds , but was defeated. The result Is that
the banks are compelled to pay 3 per cent
on county deposits , whllo only 2 per cent
Is exacted on state and municipal balances.
'Mr. ' Heimrod had supposed until recently
that the bonds given by the county deposl-
toiles covered hlt > entire term as treasurer
Dut It has now been discovered that each
bond contains an Interlineation which limits
Its llfo to 1838 , and since January 1 the
county ban been without a bond from any
of the banks In which Its money Is de
posited. In the meantime the banks have
absolutely icfuscd to pay 3 per cent on thu
dally balances. The treasurer cannot legally -
gally accept less , and no Interest whatever
Is being received.
Mr. Heimrod will bring the matter bcK-
mm GRAIN-O
after you have concluded that you ought not
to drink coffee. It Is not a medicine but
doctors order It. becaus * It is healthful. In-
vlgoratlnK nnd appetizing. It Is made from
pure grains and has that rich seal brown
color and tistos llko the llnest grades of
coffte and costs about U an much. Children
like It nnd thilve on It because It Is a gen
uine food drink containing nothing but
nourishment. Ask your grocer for Graln-O.
th new food drlnlt , Itc und 23c.
fore the Hoard ot County CommlMlonors
and ask for Instructions. He sa > u that it
the board will have n vault put In his olllco
that Is safe the funds can bo safely 10-
talnrd thorp , nnd thut Is the only solullon
of the problem that he can suggcot llo
ppi'iit this forenoon calling on .1 number of
other banks , but none of them will accept
the money nt the rate of Interest
demanded. They Insist thai 3 per
cent on dally balances In equal
to I per cent on general accounts nnd that
they cannot affoid to handle the money at
that figure.
This Is not the flist time the depositories
have objected to paying 3 per cent , but
previously the treasurer was nblo to quiet
them l/y turning over county bonds and
wnrraius , on which they drew 7 per cent.
Since then warrants have sold nt a premium
and It Is impossible to accommodate the
j banks' In this way.
Some of the results of neglected dyspeptic
conditions of the stomach are cancer , con-
siimpticn , heart disease nnd epllepsj Kodol
Djbiicpsla Cure prevents all thl.s by effecting
a qulclv euro In all cases of d > spppsla
( /hurled Midi Theft.
The theft of $180 , tied up In a handker
chief , from Alonro Helms lust Sunday in a
downtown saloon cniibcd William Moore , alias
"St Paul , " to bo bound over to the district
couit lirthe sum of $ bOO. The handkkcrchlof
in which the money was concealed was found
by the olliccis In Moore's trunk It was
po&itivplj Identified by Helms because of the
peculiar mannei In which 11 hud boon stained
with blood , ho having used it to vvlpo his
own fate before tjlng the nionrj In It.
Pneumonia , la grippe , cougtis. colds , croup
nn-1 whooplnR cough icadlly yield to Onu
Minute Cough Cure Use this remedy In
tlma and save n doctor's bill or the under
taker's.
Korinnl Opening of AntlerH Clul > .
The Antlers club 'was formally opened
Monday evening with an entertainment
which was highly pleasing In chniacter.
Miss Annie Kenwiik nnd Pfiicy llonil , vUio
aio appearing nt the Oiphoum , added their
piofosslonal talent to the attractiveness of
the evening The club rooms vvcio decol
lated with llowors. palms and smllax. Re-
j freshmcnts wore suivc-d during the evening.
Some 200 vlsltois paswd through the club
looms and iidmlred the decorations and cn-
jovod the music.
gives you a piesulptlon , bring
It to us and you will gave any
amount of tlmo nnd risk , only
the purest of drugs arc used and
every drug known to pharmacy
Is hero for the proper compoundIng -
Ing of the most difficult pics rip-
lion Competent registered phar
macists only Wo cut the prko
on all patent medicines.
THE A10E & TENFOLD CO. ,
1-nrnent Ketiill runr HIIUHC.
1408 Fnrnum. OMAHA.
Ol'POSITi : PAXTON HOTEL
By Proper Application -
To the liook of iiihtiuctloiis tlmt WP see
KOO.S with t'vcry cainoni ami UotluU
any one fiom ( ho baby to unindfatliLT
can taki' jilctuioH as wull an an old-
timer It Is as pnt.y to buy onu for v\
iniiko Hiirh jirlfus tlmt every dayve
liave people toll us they aio sin prised
to le.irn how clienji we hell them Our
line Includes every Known caineia or
lellubllity from the smalluht to the
largest We Invite liif-perllon-and will
lo ) pleiibod to hhow them to you.
HUTESON ,
MamifncturiiiK Optician ,
AV'e MuKe till- < ; | IINHI > Nvu Mull.
1520 DOIJCLAS STKIJET.
it Doom fiuni Id Hi.
When Our Pup Was Caught
was when Dio\ Hhooinan was in tlio
More busj showing the women our new
line of .yj ( X ) shot's Aiming these price
and value wonders h a new m > atlon In
the medium coin toe-lle\lbli > soles all
kid uppeis with kid tips -This shoe has
all the appeal anco of the much higher
pi Iced onesIn I nut , looks every cent u
S't or even M shoe W course they'io ' not
but they are the best shoe we could
fjct made up for us at a price low enough
so we sell them at .f . 00 not so much
prollt as value In them widths AA to
1313 We expect to see all the Omaha
women at our store this week to see
our new Hprln shoes.
Drexel .Shoe Co ,
Omulm' * Up-to > dte Suue
1411) ) PAKNAJI STREET.
Sjiilnv t ntiiliiuuu noiv r
bent fur I lie
