THM OMAHA DAILY BEE : SATUHDAY , SEPTEMBER 16 , 1S5MK n
TEMPORARILY IN THE LEAD
Burlington's 3-Oent Differential Will Bs
Operative Until Sunday ,
MEMPHIS WILL THEN MAKE LIKE REDUCTION
Unltcil Support of Kitnann CUr' Coni-
nicrclnl Intercut * linn Ulrcn Mcm-
phlw Line AilvimtiiKC mid
Knd of AViir in Xonr.
In KanBfts Oltjr Thursday tlio rumor was
current that A compromise between the Bur
lington and the Memphis lines , which nro
tbo lenders in the present bitter light , on
the amount of differential as between Omaha
nctl Kansas City on southeastern packinghouse
house- products , was being considered , and
the statement advanced that the Burlington
had agreed to withdraw from the flght and
promptly restore rates to the normal flgure ,
provided the differential bo placed at 41A
cent * , Instead of the original 6 cents. Ef
forts to flubatantlato this report , either In
Knnsaa City or Omaha , were fulllo. However -
over , the report Indicates forcibly that both
lines are heartily tired of the war and Its
fipocdy conclusion on uomo basis or otlior
IB reeked for la the near future. Today the
Burlington holds the upper hand and the
3-cont differential for which It haa been In-
Rlstlng li oporatlvo. The reason for this
Is that official verification of the Burling
ton's fifth reduction reached the Kanaas
City , Fort Scott & Memphis road too late
to permit It to inako a like fifth reduction
on the day that the Burlington's went Into
effect September 14 loco notlco of all re
ductions must bo filed with the Interstate
Commerce commission before noon three
days In advance of the rates becoming ef
fective. It Is reliably stated that the Mem
phis line will put Into oporatlon a fifth re
duction on the 17 th Innt. , which will make
the differential n cent ? , as It was before the
fight began' ) only both roods win bo receiv
ing 15 Ccntn Icsa tor hauling the freight
than they * did before the 1st of September.
The rapidity with which rates have been
lowered and manifest determination of both
the Burlington and Memphis to maintain
. , their positions on thoi disputed differential
i haa made the present -war one of the -roost
f eoniatlonal In the history of western
freight difficulties , but the situation Is not
changed In the least from Its original bear
ing. Neither road has gained moro than a
temporary advantage at any time during the
controveroy , and the universal opinion
ecoma to bo among freight men that the
trouble will bo terminated and that the
. Slfforei.tlal will remain nt C cents as for-
- a raerly. There la no disputing the foot that
) the Memphis line occupies the lead , for the
reason that all of Kaunas City's Interests
are arrayed In Itu favor. While It Is now
carrying pocking house products to the
Bout lie-as t at an actual loss , tha packers anJ
jobbers of the city clown the river are turn
ing tc it sufficient additional business to
justify it In keeping the rate rather than
swerve nn Inch from its position.
Ilio Hut-Huston , nn the other hand ,
has noC the name strong backing
from the Omaha packers , and
the allied interests of this city
represented by the Jobbers and manufac
turers , have evinced no Interest whatever in
the flght that the Burlington has been mak
ing for Omaha. Indeed , the packers them
selves have at no time enthused over the
affair and the Missouri Pacific has been ro-
relvlng its usual amount of packing house
consignments , regardless of tbo fact that it
Is merely following In the wake of the Bur
lington for the purpose of protecting its
patrons. With this condition of affairs ex
isting , It Is not unreasonable- believe that
the Burlington is somewhat discouraged at
the prospect. It Is ggnprally believed in
the circles of those who have closely fol
lowed the differential fight that no further
reduction will bo tnado by the Burllngtoni
after the Burlington shall lower its rate on
Sunday to conform with Its fifth reduction
of the 14th lust. Monday the announcement
Is expected that the flght has been declared
off , after which the rates will bo restored
and tbo differential win remain at 6 cents.
UASTUHV FHBIGHT MEN IN TOWX.
Party of General OIHclals Stop In
Ouiaha "While TourliiK the West.
A party of eastern freight line officials ,
who are touring the west on a combined
busineEB and pleasure trip , arrived In Omaha
Friday to spend the day here. The
personnel of the party Is : d. B. Sprlggs ot
Cleveland , general freight agent of the Now
York , _ Chlcago & St. Louis ; H. C. Delhi of
Buffalo , manager of the Interstate Despatch ;
J. F. Crawford of Chicago , manager of the
Lackawanna lines ; L. Brlggs ot Chicago ,
manager Traders' Despatch ; W. F. Wilson
of Buffalo , manager of the Nickel Plate ,
West Shore and North Shore lines , and W.
B , Wood of Toledo , general trafllo manager
of the Clover Leaf route.
Upon arriving they were taken In charge
by B. E. Morgan , local representative of the
various lines \vhoso general offices are here ,
and the day proved a most pleasant one.
They drove to South Omaha during the
morning and expressed themselves as being
heartily pleased with tholr observations nf
prosperity and business activity In bath that
city and Omaha. It Is the flrst visit to the
west In many years of some of tbe freight
officials , vand they are more than ever
impressed with the Importance of this re
gion from the standpoint of freight traffic.
Wbllo tholr visit partakes more of tuo na
ture of an outing than anything else they
were not glow In taking note of the condi
tions which are certain to promote activity
In tbo future movement of freight by
reason of the increasing Importance of the
middle west as a manufacturing and agri
cultural region. Some Improvements in
tholr western service will , In all probability ,
result from this visit
BlllvranUce to Ilullil Short Cut.
CHICAGO , Sept , 15 , The Trlbuno Bays :
The Milwaukee & St. Paul has decided to
build a short cut from Storm Lake to the
Iowa and Dakota division at Rock Valley.
The uow line will bo about eighty miles
long and will shorten the running time from
Chamberlain , S. D. , to Chicago by about
five hours.
llnte for Ie > vey Day.
CHICAGO , Sept. IE. The Central Passen
ger RMoclatlon today grAntcd a ono-faro
rate from nil point * In Its territory for the
fall festival In IhU city , The association
decided to make a rate of ono nnd one-third
fares for Iho round trip from Chicago for
the Dewey day celebration at Now York
October 1 ,
Ilullvrayotrs nnd 1'rrsonnls.
General Agent Phllllppi ot the Missouri
Pacific has returned from St. Joseph ,
General Manager BMwell of thn Elkhorn
has returned from a business trip to Chicago
cage ,
G , M. Entrlkln , aislstant general freight
agent of the Qulncy. leaves tonight for St.
Louis to look after business matters.
8. F. Randolph of St. Louis , traveling
passenger agent of the Baltimore ft Ohio
Southwestern , and C. C. Carey , commercial
agent of the Southern Pacific at Kansas
City , were "showing" tha local railroad
boys n thing or two today.
George D. McDIll , nn old-tlmo railroad
man who was formerly chief olerk to Pres
ident Burt of the Union Pacific , has re
turned from a month's absence In the east.
Mr. McDIll Is now connected with the rail
road branch of the Young Men's Christian
association as general secretory , and re
ports the work of the railroad associations
as being in a flourishing condition.
TURNING NIGHT INTO DAY
Ilrllllant Street Illuminations for the
\Vcelc of the Full Fes
tivities ,
The street illuminations for the week of
the full festivities , September 26-20 , promise
to excel In brilliancy anything heretofore
Been in the west. As is i\ell known , this is
the occasion when the Knights of Ak-Sar-
Bcu put c tholr pageants , and In honor of
the festivities that precede the coming of
King Ak-Sar-Ben V It is the Intention to
turn night Into day. In many respects the
plan of Illumination of last year will bo fol
lowed , yet It is the Intention to have every
thing on a more gorgeous and a grander
scalo.
Fiva thousand incandescent lights 'will
ehlno along Farnam , from Twelfth to Nine
teenth street ; Sixteenth , from Davenport to
Howard ; Fifteenth street , from Capitol av
enue to Howard street ; Douglas , from
Twelfth to Sixteenth street , and Fourteenth ,
from Dodge to Howard. In addition to
thceo lights arc lamps six to the block
will bo placed en Sixteenth street from Cum-
Ing to Davenport , and the portions of Doug
las and Farnam east of the portions of the
street illuminated 'by the Incandescent
lights.
Over all the Intersections ot the streets
along the line ot Humiliation arches of red ,
yellow and green lamps will bo suspended ,
with strings of the same kind of lights cross
ing the streets In the middle of each block.
FewIt any , ot the public buildings are
likely to bo Illuminated this season , duo to
the fact that the electric light company Is
unable to supply the current for this pur
pose. The plant Is run to Us full capacity
supplying private demands and tbe only pos
sible way to obtain sufficient current for
illuminating tbo buildings is to shut oft the
current at the exposition grounds during
tha evenings of the parades.
The Ak-Sar-Ben parades win pass over
the llumlnated streets on the nights of
September 2C-2S and on the night of Sep
tember 29 the grand coronation ball will bo
given at tbo castle on North Twentieth
street.
The Knights of Ak-Sar-Ben have a largo
foroo of men nt work upon the floats and
will have them ready for the parades. These
floats are entirely different from these seen
In former parades and are much moro
gorgeous.
There will bo ono moro meeting of the
fcnlghts before the parades. It will bo next
Monday night , when it Is expected that fully
500 candidates will bo initiated. Commit
tees are now at work soliciting membership
and members of these committees report
largo numbers of men for the final sacrifice.
LOSE THEIR APPROPRIATION
City Physician nnd Veterinarian
1'romlurd Allowance for Expenses ,
hut Council Olicn.IlnoU.
The city council held a special mootlsg
yesterday for the purpceo of passing the reg
ular appropriation ordinance and incident
ally took a few shots at that Instrument.
Ono of the shots , made by the sharpshooters
on the finance committee , knocked out two
appropriations of $50 each to help pay the
expenses of City Physician Spaldlng and
City Veterinarian Ramacciottl on their trip
to Now York to attend the meetings c-f the
American Veterinary association. The two
delegates left for the east after the council
had voted them the allowance for expenses ,
but -when they return they will flnd that
Bomoor.o stole the cookie while they were
not looking. They asked for the appropria
tion on the ground that they would bo able
to obtain for the city , free of cost , a sup
ply of tuberculin , with which to teat the
dairy herds about the city for tuberculosis.
Tuberculin .a ' expensive stuff.
The council cojisentcd to place nn are
light near the corner of Dodge and Forty-
sixth streets , at the railroad crossing , and
"pay for the same for the rest of the year
out of the Ninth ward allotment. This ac
tion tbe council refused to take once before -
fore on the ground that money could not
bo diverted from the general to the light
ing fund. Councilman Mercer announced hla
intention of making the Missouri Pacifla
railroad pay for the light next year. The
cost for tbo rest of this year will bo
about $20.
A gas lamp was ordered put In on Prank-
lln street , to be paid for when the olty has
the money.
nuukleit's Arnlciv Salvn.
The best salve In the world for outs ,
bruises , sores , ulcers , salt rheum , fever
sores , tettor , chapped bands , chilblains ,
corns , and all skin eruptions , and positively
cures piles , or no pay required. It la guar
anteed to give perfect satisfaction or money
refunded. Price 25 cents per box. For eala
by Kubn & Co.
Conldu't SpcnU
Roy Brown was given a hearing before
Judffo Gordon on the charge of having
stolen son e jewelry from Illkal Hazaka ,
the Egyptian proprietor of a curio booth
on the Streets of Ca'ro. ' While the hear
ing lasted the police court presented a
scone In the Orient , the judicial bench hav
ing been surrounded by a throng1 ot native
Egyptians , who testified for their country
man. Legal Ingenuity and judicial patience
were sorely taxed In the futile attempt to
elicit a tow facts to serve as evidence ,
with the result that both lawyers and
judge cave the matter up as a bad job and
the defendant was discharged.
Enlarged Joints , Gout , Rheumatism ,
and kindred troubles absolutely cured
by the free use of
Jt ,
As a Table Water , it has no equal.
Still and Sparkling.
Asi5SSS53a55i533aB25iB55l ! !
SoK iir Slirrniuu A McCnnnrll Drar ' ' > Omnltn ,
I'uMtu , CnDaichev it Co. , UUtrlbuturv , Oiunlta.
FAIL TO STIR UP INTEREST
Onrbjtono Oommonta on the Apathy Pre
vailing at Democratic Primaries.
STRIKING CONTRAST TO REPUBLICAN ZEAL
Indicates that the Kntlitmlasm In In
the Ilcpiihllenii Camp Thin Year
Other ( ionslp ot the
Politicians.
The contrast between the democratic pri
maries Thursday and those of the republic
ans a week ago Is sufficiently striking to oc
casion considerable comment among local
politicians. In each case the situation was
much the same. Candidates wore numerous
and active , and contests wore projected In
a majority of the words. But the democratic
affair was apathetic in the same proportion
that the republican contest was virile and
enthusiastic. A week ago nearly the entire
republican party vote was polled at the pri
maries In wards In which the contests were
most exciting. Yesterday the polling places
were almost deserted during the greater
part of the afternoon , in spite ot the fact
that all the candidates were hustling their
host to promote their Interests.
Experienced politicians assort that It bos
always been the rule that activity In the
primaries presages hard and aggressive work
In the campaign. It the voters take enough
Interest In the mako-up of the ticket to got
out and work for their candidates they are
sure to leave nothing undone to elect them
during the campaign. On tha other hand , It
has been the almost universal experience of
previous years that lack of Interest In the
primaries is preccndcnt to a lifeless and un
satisfactory campaign.
Although the primaries seem to have
positively settled the Identity of the dem
ocratic candidate for sheriff , there Is still
n probability that Frank BrotidwcU's right
to fall Into the nomination for clerk of the
court will bo vigorously contested. About
all that the primaries accomplished In this
particular was to designate Broadwell as
the man on whom the movement to defeat
Pete Elsosser must centralize. Elsasser's
friends , however , are a long distance from
giving up the flght , and they are pow workIng -
Ing hard to prevent Power from throwing
his strength to Broadwell. In some of the
wards they have been more or less success
ful. The members of the Second ward dero
gation declare that they will vote for Pow
er , but that they will also stay with Elsas-
scr as long as ho wants them. They assert
that a good many of the other Power dele
gates will also refuse to bo traded In Broad-
well's Interest , and they also Insist that
Elsaesor will have almost the solid support
of the country precincts. This leaves the
nomination still In apparent doubt , but It Is
evident that the party leaders propose to
down ElBasser , and this makes Broadwoll
the favorlto with the talent.
The nomination of Dr. Louis Swoboda of
the Second ward for coroner and the en
dorsement of Charley Curtis of South
Omaha for county clerk Is on the slate un
less the democrats and populists should
split outright. The treasurorshlp is etill in
the air and all parties are at sea for n can
didate.
Ono of the developments of the day Is a
growing sentiment among the populists In
favor of demanding a doflnlto pledge from
the so-called county democracy that It will
support tbo populist nominees. It Is well
known that this organization Includes sev
eral hundred of the most active democratic
workers and that they are bound by their
constitution to support only democratic
candidates. TJio populists BCO In ths | > a
menace to their candidates" and a largo ele
ment In the party Is in favor of Insisting
that the members of the organization shall
formally amend their constitution in this
particular before the democratic candidates
are endorsed. They declare that they will
bring the matter up In the populist conven
tion , and there are indications that It may
stir up a muss scarcely second to the contro
versy that will occur over the effort to retire -
tire A. J. Williams from the county com
missioner ticket.
There Is a difference of opinion In regard
to the reputed success of the democrats In
turning the populist delegation from South
Omaha against 'Williams. The democrats
assert "with confidence that they have the
delegation "fixed. " but to other parties the
members of the delegation declare they will
stay by Williams unless ho gets off the
ticket voluntarily. Williams' friends also
declare that they have been busy as well
as the democrats , and that a number of del
egates who were against the nomination of
Williams will now fall Into line and vote
against any reconsideration of the action.
One of the phases of the democratic pri
maries Is the tremendous shock that was
sustained by the aspiration of local leader
ship of the Molso-Fonnlng faction of the
party. The "gans" got It In the neck every
where It had a. hand In the flght , and the
democrats who have been denouncing the
peculiar methods of these Individuals are
hugely rejoiced. With Molso , Fanning and
Con Gallagher each whipped in his own
word the anti-combine democrats think they
have cause for satisfaction.
Local politics has monopolized the atten
tion of the voters recently to such an extent
that comparatively little Is hoard of the aji-
proachlng republican state convention , that
Is to noulna'e" a candidate for supreme judge
and two regents of the State university.
Since it was settled that Judge Dickinson is
not a candidate , Douglas county sentiment
bos not centralized on any ot those who re
main and there haa been little effort to work
up a following for any who have been sug
gested from various points In the state. It
Is the general expression that the Douglas
county delegation slmuld gat together and
act as a unit In .ecurtns tbo nomination of
tbo candidate who appears to present the
most elements of strength , but the name of
tbe man Is still an open question.
Judge B. P. Davidson of Tecumseh , who
la being vigorously boomed by the repub
licans of bis district , has been In Omaha for
a day or two and has called on a number ot
the members of the elate delegation. Judge
Davidson saya that he Is not a candidate , ns
the word is ordinarily used , but that , if the
delegation decides tJhat bin nomination will
bo for the best interests of the party , ho
would llko to have its support. Among tbo
other candidates whose names are sug
gested by Omaha republicans are Judge
Rlnaker of Beatrice , Judge Sedgwlck of York
and Judge Calklna of Kearney ,
The only objection registered against
Judge Davidson Is the fact that ho , ns well
as Judge Sedgwick , balls from the South
Platte country. It Is suggested that elnco
the United States senatorshlp has gone to1
this pan of the state it might be good
politico to give the judgeahlp to tbe North ]
Platte republicans. So far , however , no
North I'latto candidate has been suggested' '
who la BO frequently mentioned among tb
Omaha republicans as Judge Davidson and
Judge Sedgwlck. ,
Since Douglas county has resigned Ita
claim on the head of the ticket It is generally - I
erally conceded that the convention will bo *
unanimous In giving us one of the re-j
gents. Clement Ckaso of the Seventh ward ;
and E. O. McQllton of the Ninth are candl- |
dates for this pceltlon and ono or two ,
other Omaha men are likely to be In the !
field before tbe convention moots. I
Chairman A , C. Troup of the republican
city committee says that ho docs not expect
to cull his committee together to set the
date for the city convention until welt Into
October. Ho gays that all the members of
the committee whom bo has been able to
see Uko the position that a two weeks *
campaign will bo ample for the Board ot
Education candldftU-s , and , unices contrary
sentiment develops , he win act on that
theory.
It Is officially announced by the popocratlo
campaign managers that M , C. Harrington
will withdraw from the congressional ticket
In the Sixth district In favor of Judge
Neville , the populist nominee. Whether
Harrington's c6mmlttco can bo Induced to
put Neville's namn on the ticket Is still an
open question. Harrington's friends are
protesting most vigorously against his with
drawal and are bringing strong pressure to
bofir on the committee to induce Its mem
bers to refuse to substitute Neville's name.
At the same time Novlllo openly declares
that , unless the democrats turn In and
elect him , ho v.111 make them hnrd to catch
next year , and the steering committee Is up
against an ugly situation.
The populist Judicial committee has en
dorsed Carl Wright , the fifth democratic
nominee for district judge , and the ticket
Is now complete as the democrats wanted
It This leaves the silver republican nom
inees entirely outside the fortifications , and ,
to make things worse , they nro fighting be
tween themselves. Scott declares that Carr
woi in n conspiracy to force him off the
ticket In order to secure the endorsement
of the other parties for himself , and ho has
publicly assorted that ho proposes to flght
his running mate on the stump throughout
the campaign. As a result Carr's friends
are knifing Scott , and they declare that Scott
will not'get fifty silver republican votes In
Douglas county.
The Fifth ward republicans are arranging
for a big mass meeting next Tuesday night.
The assertion that the republicans of this
ward will not support the county ticket has
been Industriously circulated by popocraUc
Interests , and they propose to repudiate the
charge In a manner that will leave no room
for further misunderstanding. AH the re
publican candidates will bo Invited to bo
present nnd they will bo received by n band
and nn enthusiastic demonstration on the
part of the republicans of the ward. The
latter are n unit in denouncing the charge
of meditated disloyalty and they assert that
they will provo their republicanism by giv
ing the ticket as loyal support ns they
would have offered it If their own chotco
had been endorsed by the convention.
Some of the members of the local bar nro
feeling the pulse cl the legaf fraternity on
the question of calling a meeting of the
bar to endorse a judicial ticket. So far
the idea has been generally disapproved nnd
it Is understood that a decided majority of
the attorneys who have been approached
have opposed the scheme. Ono of them
suggested that such action on the part of
the bar might have the effect of electing
the men they failed to endorse , and that the
lawyers would show their good judgment
by not mixing in this campaign as a bar.
This view Is evidently shared by a majority
of the attorneys.
MAY FIGHT FOR A STREET
Portion of I.ocnst Street Fenccil In by
John T. Gathers , Who In De
termined to Hold It.
The old trouble between the city nnd John
T. Cathors for possession of a part of
Locust street , between Twentieth and
Twenty-first , has broken out again. The
street has been fenced In by Mr. Gathers
from the lot line to its middle for a dis
tance of about 200 foot , with a substantial
wooden fence. This was erected Wednes
day , and since then brick's ' have been hauled
on the tot abutting on'tho fenced-ln street
with a view to buildtatfja house. Residents
of the neighborhood .became apprehensive
that a building was to bo placed so that
it would block the street , but It will be set
well back into the lot.
Mr. Gathers claims that the city has no
tltlo to the street and that the courts have
so held. Ho has no doubt that ho will bo
able to , maintain his claim to the ground
and that the city will only get Into troubto
If It attempts to disturb his possession.
City Attorney Connell , who has been
asked by property owners of the neighbor
hood to stop what they consider a usurpation
of a public highway , says that something
will bo done to secure the city's rights , but
does not wish to announce the course of
action ho will pursue. Ho says he Is In
formed that the city has been In possession
of the street for a term ot years , but he ex
presses no opinion as to Gather's rights.
MINOR SERVES AS A JUROR
Horace Hon ncllevcd to no First Per
son Under A tec Ever Accepted
In IfchriisUa Courts.
Thursday afternoon the clerk of the county
court prepared a jury list for use in a case
before Judge Baxter , taking names at
random from the city directory. Among the
names selected was that of Horace Ben of
200 North Nineteenth street. When Bon
appeared in court and was interrogated by
the attorneys relative to his fitness to servo
it was learned that ho was not ot age. The
attorneys agreed , however , that ho would
make an unprejudiced juror and ho was
allowed to act in that capacity. Judge
Baker stated that to the best of his knowl
edge Bon woo the first minor to serve upon
a jury In the county or the state.
_ . M _ |
Keep at homo Dent's Toothache Gum , a
never falling remedy. All druggists. 15c.
We Extend an Invitation
to all the strangers now In Omaha and
to those who will COIUB In the future
for them to make our store a visit not b ,
buy , but to look. We have BO many
nice things to see It's llko going to an
exposition when you come hero pic
ture * ) , framed and unfrnuicd , water
colors , etchings , photogravures , oil ,
steel engravings , etc. musical Instru
ments , big and little , of all kinds , from
a piano to a Jowuharp sheet music and
portfolloB-ln fact the largest and most
complete music and art store west of
Chicago.
A. HOSPE ,
We celebrate our -Stli huslnrss oniil-
versarr Oct. Ultra , 1800 ,
Music and Art. 1513 Douglas ,
They're ' Going to Come
Everybody says so and wo nro pre
pared for the crowd of young men by
putting In the largest and finest stock
of "Dunlap" and "Stotaon" hata over
shown In Omaha derby and soft lints-
young gents' styles In all makes n par
ticular hat Is one at $3.00 In the stiff
derby style a splendid hat that never
has been equaled at the price all hats
are shaped to the head by a conform- !
tucr a hat to look right must flt the
same as a suit of clothes.
FREDERICK
Ttie llattet ,
The Leading lint Mini of the West.
120 South 15th Street ,
CAN HOLD SCHLITZ HOTEL
i
i
Decision of the Oonrt Defeats tbo Owner's
Attempt at Ousting.
PAYMENT FOR BiER NO PART OF LEASE
.Inntlre CncUrell Hold * tlmt nn I.onK nn
the Kent \\nn I'ltlil the SclilIU
Company llmlo ItlKht .
to Take 1'oiiennloii ,
Justice Cockroll handed down an opinion
In the contest for possession of the Schlltz
hotel building yesterday , finding that
the landlord , J. E. Hlraca , was not guilty
of unlawfully holding possession and refus
ing to surrender the place to Its owner.
This controversy has kept the place closed
the greater part of the summer.
The case is a peculiar one , in that there
Is not a single matter of fact In dispute
and that no testimony .was taken , the attor
neys on both sides simply submitting l > rlcf
on the points of law Involved. The starting
point was the failure of Hlmes to pay for
certain beer furnished , on the Monday next
following , as provided In the lease. The
Schlltz company admitted that all the rent
had been paid up to the date of the com
mencement of the suit , and the other side
admitted that there was nomc beer unpaid
for. The defense held , however , that the
payment for the beer was not a binding
part of the lease , and had no effect upon tha
possession of the premises , BO long as the
rent was paid. The fact that he had ac
cepted money for beer furnished after that
not paid for had been delivered was also
urged against the owner. In finding that
the lessee was not guilty of forcible entry
and detainer as charged , the court did so
upon the following three counts :
"First The lease In express language
says defendant Is 'to pay as rent for said
promisee' ? 4,000 , or | 77 per week , and there
is not a dollar of other obligations expressed
as rent. Ho Is not bound to buy or sell a
single glass of beer. To assume that there
was to bi , a beer proflt paid as rent over and
above $4,000 in money is giving nn Implied
and vague condition preference over nn ex-
presa provision as to what should bo the
rent.
"You may ask what was the meaning of
the phnvsu , 'Second party further agrees
as a part of the consideration of this con
tract not to sell any other beer *
and to pay for nil delivered * * * on
the first Monday following. ' I am inclined
to think what ho agreed to pay on the flrst
Monday was the consideration for the use
of the beer and not Tor the use of the hotel.
The rent for the hotel was separate and
distinct , being $4,000 , and the prlco for the
beer was also separate from the rent of the
house , and consequently I regard the lease
as a complex instrument , containing an
agreement between Schlltz as a landlord and
Schlltz as a brewer , and the defendant
* A forcible entry and detainer action
would Ho under the guise of non-payment
of rent when In reality the rent was paid.
"Second I also believe that where the
tenant Is In arrears for , say , the month of
January , and the landlord receives and
credits rent for February * ho
has waived the right to terminate the lease
and simply extends credit for the January
rent. The application to this case. Is ap
parent in the continuance to furnish beer
for subsequent payments , which were
promptly met.
"Third I am also of the opinion that the
provision to the effect that no other beer
than Sohlltz shall bo Bold on the promises
and that all delivered will be paid for on the
Monday after delivery has no force what
ever in determining the question of oc
cupancy , for the reason that Sehlltz does
not bind himself to furnish beer In any
quantity or"at any prlco and could not bo
compelled to furnish a single gallon , nor
bo hold responsible for refusing to furnish
beer. No contract can be held binding upon
one party without its being binding upon
the other. Therefore I hold that such provision <
vision has no effect upon the question of
possession. I therefore find the defendant
not guilty. "
Kodol Dyspepsia Cure is a scientific com
pound halng the endorsement of eminent
physicians and the medical press. It "di
gests what you eat" and positively cures
dyspepsia. M. A. Ketron , Bloomlngdale ,
Tenn. , says it cured him of indigestion of
ten years' Handing.
INVESTIGATION OF KINKEAD
Jimtieo of the Peace Who Hoc
Troubles of IIln Oivii Serious
Chance * .
The Board of County Commissioners will
meet this morning at 9 o'clock , at
which time the ease of B. F. Morearty
against J. "W. Klnkead , Justlco of the peace ,
is set for hearing. The plaintiff charges
defendant with "gross partiality , corruption
and willful maladministration In office. "
Tbo compfalnt states that May 1 , 1899 , J.
\V. Klnkoad was appointed justice of the
peace by the Board of County Commissioners
and while acting as such solicited for col-
loctjon from O. Schultz ah uncollected bill
against John Madsen , Issued summons In
sam6 as justice of tbo peace , thereby acting
as attorney as well as Justlco of the peace.
The complaint also states that on August
7 Klnkead appointed W. A. Bently a special
deputy constable to serve a writ of replevin ,
taking the property of Mary E. Millar for a
debt or supposed , claim of John J. Morrls-
eoy ; that through the connivance of Klnkead
and Bently the property was placed beyond
the reach of the owner and was stolen by
* omo one ,
It Is further Alleged that In ranking the
appointment of Ucntly , Klnkead knew there
were not diffident reasons for said appoint
ment , as a bonded officer could have been
secured to eervo the writ.
The third charge is that on August 10,1S99 ,
the ( late set for the hearing of the abovementioned -
mentioned replevin suit , Klnkcnd permitted
the plaintiff to file an affidavit for a thirty-
day continuance , and granted the wimo with
out a hearing and bcforo the hour ect tor
trial.
AID FOR A WORTHY CAUSE
Mayor Moore * Mnki-n Another IMcn
for the riimlllcs of the firemen
Killed lit the Mercer Fire.
The manner In which subscriptions to the
flrcmnn's relief fund have been allowed to
Ing while other matters have held the atten
tion of the public has led Mayor Moorcs to
address to the public the following appeal :
"EXECUTIVE DEI'AUTMENT , City of
Omaha , Sept. 16 , 1S99. To the Citizens of
Omaha : I doslro to call your attention
again to the fund which was stArted shortly
after the disastrous Mercer Chemical com
pany fire for the relief of the unfortunate
families of Charles Hopper , James Adams ,
Ooorgo Demlson and Otto Qtscko , Uw > brave
flrempn who lost their llvee while In tfcc per
formance of tholr duty nt that flre.
"Before the fund was fairly started pub
lic attention was engrossed by the homecoming
ing of the First Nebraska regiment , and In
view of the strenuous efforts being put forth
to secure money for their transportation and
leceptlon wo thought best not to urge the
firemen's fund further nt that time. Now ,
however , I desire again to call your attention
to this worthy caueo and solicit your gifts.
I hnvo Juat received word from Mr. Horace
0. Burt that the Union Pacific railroad would
subscribe $500 to the fund. 1 trust that thu
other railroads will feel like contributing a
proportionate amount. It will bo noticed
that not a single Insurance company has sub
scribed as yet , and but few of our whole
salers.
"Tho efficiency and bravery of the men of
our flro department have saved the Insurance
companies many thousands of dollars In flro
leases , and our property owners of Omaha
have profited largely In reduced Insurance
premiums. Personal Interest If not humanity
should prompt-our citizens to contribute lib
erally to this fund. It la hoped to raise
$5,000 , to be divided among these families.
Already $2,068.85 has been subscribed. Sub
scriptions should bo sent to mo or to John
Iledoll , chief of the flro department , raado
payable to order of Frank Murphy , treasurer.
Due cradlt will be given through the col
umns of the dally press.
"Tho following Is a list of subscriptions
heretofore reported :
Ex-volunteor firemen $ lee 00
Melz liros. Brewing company 10000
Mercer Chemical company 100 00
S D. Mercer company 100 oo
Nebraska Clothing company 25 00
Dr. P. Morlarity , 5 oo
Ferdinand Streltz 12 00
Cudahy Packing company 100 00
First National T > ank lug 00
M. K. Smith company 10000
Thomas Kllpatrictc company BO 00
Dr. J. C. Anderson 5 00
Frank IS. Moores rn M
C. F. Weller . . . . . . . . . . . . . . . : : 2500
Arthur Hodges j m
P. S Bolen M 600
Morris Levin . , i oo
Charles Elputter 60)
Judge W. w. Keyuor 5 03
noyal Arcanum 25 00
Police Commission
Charles Knrbach 10 00
M. H. Collins , 1000
Dr. V. H. Coffman 10 00
F. A. Kennedy 1000
Llnlnsrer & Metcall 50 00
Standard CM1 company 10000
Omaha Brewing association 100 00
Anton Cnjorl B 00
Union Pacific Railway company. . . . COO 00
Schlltz Brewing : company 10000
All Saints' church 26 85
Adam Morrell 6 00
N. P. Bwanson 25 00"
li. T. S B 00
Clerks of Merchants' National Bank' 11 00
R. E. Esklldsen B 00
Cash 1000
R. E. "Wlnkleman 100
J. W. Morton 2000
Pokrok Zapadu Printing company. . . 10 03
A. Hubcrmann 600
Mrs. Phil Aarons l 00
Dr. Georg-e Tilden 5000
S. Rlchenbersr 503
Collins & Morrison 5 00
Sommer Bros 2500
Berala Bog company 5000
$2.068 85
FRANK E. MOORES , Mayor.
GRADING GANGBOSS MISSING
_
Railroad Foreman Conies to City to
Have a "Time" nnd Docs Not
Ileturn to Camp.
The contractors on the now Illinois Cen
tral railroad along the Iowa side of the river
are investigating the mysterious disappear
ance of a foreman named J. S. Doyle , who
came to Omaha Sunday with ff largo sura
of money In his possession and has not been
seen by any of his fellow workmen since.
Doyle has been boss of a grading gang.
Saturday night ho drew his pay , amounting
to a considerable-"Sum , and went to Council
Bluffs for a "time. " Accompanying him
were several of the men over whom ho
worked , and after their money gave out they
returned to the , camp , leaving Doyle in
Council Bluffs.
Friends mot the foreman on the streets
and tried to pursuade htm to return to the
camp , but he was under the Influence of
liquor and refused , saying ho Intended to
come to Omaha and enjoy life as long as his
money lasted , Afterward he was seen
boarding an Omaha motor. H. S. Boyle of
Honey Creek was searching for Doyle this
morning , and asked the police to aid him.
The graders say Doyle was not In the habit
Mister McGarvie Says
"that the next few weeks will see as
many strangers in Omaha as last year
at this time. " That's the wny to talk
if you know a thing don't bo afraid to
tell It wo never hesitate to tell just
what wo know about our boys' shoes , for
wo know they are what we say they
are bo it $1.50 or $2.00 , they are right
for the money the $2 kind are a new
line with steel circlets In the Boles and
heel , making them equal to any two
ordinary kind. These are facts that
will pay you to look Into.
Drexel Shoe Co. ,
Omaha' * Dp-to-4ate Shoe HVBM ,
1410 FARNAM STREET.
Won't ' Come Off-Talk No , 71-
There are a great many who think
they cannot wear nose glasses but who
really can. There is everything in hav
ing them adjusted. If the guards nro
bent to the form of the none and the
right kind of frames selected almost
any ono can wear them. Do not under
any circumstances lot your friends try
them on. I give frame-fitting fully as
much attention as leus-tlttlng. I have
guards of every size nnd shnpe , I eiudy
the feature * and adjust the frames so
they will not como off. If you like nose
glasses hotter than spectacles I will lit
them so they will be secure and com
fortable.
fortable.J.
J. C. Huteson ,
Manufacturing Optician ,
Kodak * , Cnmerui | pnn n . . lnn 01
1520 UOUglas Su
Prevents bulging1
CORRECT ATTIRE for MEN'
the fashion report for Autumn
nnd Winter , sent to those who
ask..Write care
Station U . . .CHICAGO
of getting drunk nnd remaining away from
work , anil they believe ho has mot with foul
play. The foreman haa never failed to ns-
sumo his duties on time before , and na ho
Is a favorlto with his men they are worried
over his disappearance.
NEGRESSREMANDEDFORTHEFT
JuilKc ( J or do n llellcvcNotorloiiN Col
ored Woman ( iullly of IlohhliiK
Countryman of His lloll.
Carrlo Porter , the colored woman accused
of the theft of $200 from Clarence Rogcro of
Savannah , Mo. , was remanded to the district
court Thursday afternoon In the sum of $ SOO.
The hearing was delayed for several days ,
owing to witnesses' failure to appear.
The Porter woman lived at 1017 Capitol
avenue. When Rogers passed the house last
Sunday morning she Invited htm Indoors ta
take a drink. Rogers entered and while en
joying the woman's hospitality n purse con
taining $350 was slipped from hla pocket.
The woman removed $200 of the sum unob
served. When she tried to replace the pursa
In the pocket Rogers detected her.
Carrie then threw the purse to the floor nnd
told Rogers it fell from his pocket. When
the owner looked to see If his money was all
there ho discovered the theft nnd notified tho-
police. The woman ran from the house. Sev
eral hours later she was caught , but only
$27.25 was recovered.
"Best on the market for coughs and cold *
and nil bronchial troubles ; for croup It husi
no equal , " writes Henry R. Whltford. South
Canaan , Conn. , of One Minute Cough Cure.
Pure Gum Urinal Bags
At All
Prices from
$1,50 to $3.00.
Add lOc For Postage.
The Aloe & Petifold Co.
1407 Furnam St.