! THE OMATIA DAILY BEE : TIITTRSDAY , OCTOBER 10 , 1800.
NRWS OF INTEREST FROM IOWA.
COUNCIL BLUFFS.
MI.VOIl MIJ.VTIOTf.
cells glass.
Dr. Cower , Glebe bldg. 'Phone 413.
Wolsbach burners at Ulxby's. Tel , 193.
Hudwclscr beer. 1 * Uosenfeldt , agent.
Terry pictures. Alexander's , S3J B'way.
Dr. Stcphenson. Mcrrlnm blk. , room 221.
HehmlJt photos arc guaranteed to plcrvso.
llemovcd , C. 13. Alexander & Co. , Art Em
porium , to 13 IJroadway ,
C. 11 , Jncqucmln ft Co. , Jewelers and op
ticians , 27 South Main street.
Get your work done at the popular Eagle
laundry , 721 Broadway. 'Phono 157.
W. C. Estep. undertaker. 2S Pearl street.
Telephones : Office , 37 ; residence , 33.
Hojf miners , 100 pounds moke you JIM.
Moore's Stock Food Co. . Council Bluffs.
The will of the late Dr. J. C. Robertson
was llled tor probate In. the district court
i'ltetcrdny.
The rcsular meeting of Harmony chapter.
Ko. 25 , Order of Eastern Star , will bo held
this cvenlnc.
Attorney Frank Shlnn of Carson was In
Ihe city yesterday on business connected
with the district court.
Why don't you put your orders In for
icnt Pennsylvania hard coal to Fenlon &
I-'olcy. 37 So. Main street.
.Mrs. Carter and George Smith -were ar-
j-estcd. Ittflt evening for Improper conduct on
the grounds of the High school.
Council llluffs lodge , No. 49 , Independent
Order of Odd Fellows , will meet this evenIng -
Ing for work In the Ilrst degree.
Miss Luella AVnthlns has severed her
connection with Culver & Woodbury to take
n position with an Omaha house.
John T. Hazen of Avoca , democratic can
didate for sheriff , was In the city yesterday
looking after hit ) political fences.
Mrs. Knto Probstcle of St. Joseph , Mo. .
IH In the city visiting her sons , Charles and
William 1'robstcle , on Ridge street.
J. H. Carso bus returned from New York
and other cities In the cast , where ho has
been on a business trip. Ho was In New
York ut the time of the Dcwcy reception.
11 , Uudo was lined J5 and costs In police
court yesterday morning for drunkenness.
The hearing on Uio charge of larceny pre-
ferMl ngalnst him was continued until this
morning.
Itov. J. W. Wilson , pastor of the Congre
gational church of this city , has been Jn-
vltcd to deliver tin address at thn laying of
the cornerstone of the now college build
ings at Tabor.
Gladys , the Infant daughter of Mr. and
Mrs. W. M. Knight , 1014 TwonlUfth avenue.
died yesterday afternoon from whooping
cough , aged 14 mouths. Notice of funeral
will bo given later.
All members of Augusta Grove are re
quested to bo present at the meeting to
night , as tlu'ro ' will bo work In the first
degree. Uefrcshments will bo served fol
lowing1 the Initiation ceremonies.
All Odd Follows In the city are requestrtl
to meet .it the temple hall this after-norm
nt 1:30 : o'clock to attend the funeral of the
late C'onr.ul Kucer. whli'h will ho htlrt
under the auspices of Council lilulTs lodge ,
No. 4 .
' .Mrs. Martha Wilson , a patient at St. Her-
nnrd's hospital , died yesterday morning
from gonxumptlon. She was 46 years oC age
nnd .had been an Inmate of the institution
for the last nine yihrs. The remains will
ibo sent to Mqcedonlu for Interment.
The Woodward Stock company played to
another crowded house last evening at the
Hohuny. Tonight "Bess the Uomp , " a
remedy drama , will be presented. A num-
lirtr of specialties will be given and among
them will he little Miss Snowdcn of Omaha
In her special songs and dances.
The body of the late Sylvester S. Nash ,
who died Tuesday In the Soldiers' home at
Marshalltown , arrived httro yesterday aft
ernoon. The arrangements for , the funeral.
which will bo held under the auspices of
Hluff City Masonic lodge , have not be-en
completed.
Geoffrey Moran , nge < l 79 years , died yes
terday afternoon at the residence ! of his
daughter , Mrs. George Munroe , 1106 Fourth
avenue , from pneumonia. Ho leaves four
daughters and three sons. Tlul funeral will
be held tomorrow morning at 9 o'clock from
St. Francis Xavler's church , Rev. Father
Smyth oniclatlng. Interment will be In the
Catholic cemetery.
10. E. Bell and Herman Hoffman , the. two
lads charged with breaking Into II. Saltz-
imin'si weeond-hand goods store and steal-
Ins a. quantity of rubber , were committed
to the county Jail for thirty days each by
Judge. Aylcsworth In polled court yesterday
morning. Ii. Hoffman , a younger brother
of Herman's , who was Implicated In the
robbery , wad let off with a suspended
sentence of ten days during good behavior.
The cases against the barbers who kept
open last Sunday have. been continued In
definitely in the superior court. The hear
ing on the appeal of F. E. Slivers , the
a'curl street barber , from the ruling of
Judge Aylosworth is set for today before
Judge Macy In the district court. It Is
understood that the barbers have decided
to stand by the result of the district court's
ruling and If the case gowi against , them
they will quit the. fight and keep their shops
closed on Sundays hereafter.
N. Y. Plumbing companyTel. . 250.
Convocntloiinl Meeting.
The convocational meeting of the deanery
of Council Bluffs , to bo held at St. Paul's
Episcopal church today , promises to be a
notable ono from the fact that a number
of the bishops who attended the consecra
tion of Bishop Williams In Omaha yester
day will be present. The sessions of the
convocation will ho opened with the cele
bration of the holy communion at 10 a , m. ,
followed by a sermon by ono of the visit
ing blflhops. In the afternoon an Informal
missionary conference will be held and at
7:30 : there will bo evening services and an
address by Bishop Edsall of North Dakota.
The visiting bishops and clergy will bo the
guests of Rov. GeorgeEdwardWalk at the
rectory.
I '
* Mctcnlf A Mctenlf
Give Stare on clothing.
Uenl Entitle TrnimforB.
The folios-lug transfers were filed yester
day In the abstract , title and loan office of
J. W. Squlro , 101 Pearl street :
Fannie I. Todd to James M. TUsh-
ton. land In 35-77-42 , q o d..I 1
Mary O. Phillips to C. II. nnd E. T.
U-fft'rt. neVi awU 31-70-13 , q o ! . . . , . 1
W. C. Keellno to Augusta A. Keellne ,
part of the William Keellno homestead -
stead In 19-7G-I3 ; lot 13 , block 24 ,
Howard's wlil : und ' /j lot 6. block
S , Street's add : lot 1 In subdlv of
lot 212 , original plat , c d 1
Ernest S. Hart nnd wlfo to Lars
I'edcrKcn , lot C , block 6 , Hughes &
Donlplmu's add , < l c d * . 1
Clmrlos T , Oltlecr and wlfo to Allen
Klcak , lots 25 and 20. block 87 , Railroad -
road mid , w d v.v" ' , ; ; ' * *
Sarah M. Motheral to Charles II.
Uffulman , H40 feet lot 2 In subdlv of
liloi-k 40. Allen & Cook'b add to
Avoca , w d 1.000
Btnto Savings- bank of Council Bluffs
tn U A. Casper , lots 1. 2 , 3 , 4. B , 10 ,
11. block C. Prospect Place , w d 1,435
Mary O. Phillips to Charles II. and
Emll T. Loffort , w % nei ! nnd ne',1
nwV , 31-7C-I3 ; 35 acres in neVi Hw'i 31-
76-13 , and o 7 acres sett mvM , Sl-76-
43 , w d 5,000
Ella J. Chamberlln and husband to
Ilcnnlngcr. lot 4 , J , W. Squires' sub
dlv of w ' . ' 16 feet out lot 5 In Jack
son's add , w d. . . 3,100
Nine transfers , totnl , , . .J10GH
Davli sell * paint
MurrlnKc
licenses to wed were Issued yesterday to
tha following persons ;
Nnmo and Residence. Ace.
William McClcllan. Council Bluffs 23
Nollla Savage , Council Bluffs 19
l.oulB y.ugcnhcln , Woodbine , la. , 33
Mrs , Tllllo Clark , Omaha 21
A. Smith. Omaha 2S
E. May Miller , Omaha 2i
Scientific optician , Wollman 409 BrMway.
FARM LOANS
Negotiated In Eastern" Nebraska
and Iowa. James N. Casady , Jr. ,
120 Main St. , Council , Bluffs.
LIFE INSURANCEsPOLICIES BOUGHT
For CanU or Loaned On.
U. II , SllKAVK & CO. ,
C Pearl Street , Council IHiiO-IOITU ,
CITY ATTORNEY SUSTAINED
Old Warrants Take Precedence of Those
Issued for Current Expenses.
CITY NOT AFFECTED BY LAW OF 1886
Treasurer In Xoiv Riven Full Anthor-
Ity to Dldliarne I < "un < ln thnt Hnvc
Itccn Tied Up Since
April , 1SOS.
City Attorney Wadsworth received yes
terday morning a certified copy of the ruling
of the supreme court ID tbo city warrant
: aso ot Phillips against Reed. The optnlou
Is a lengthy document and opens with a
statement of the facto In the case and quotes
In full the demurrer of the defendant , upon
which the decision of Judge Smith In the
lower court was based. Continuing , the
opinion is as follows :
Whllo the petition alleges that at the be
ginning of the year 1S96 and long prior
thereto the city of Council Bluffs was In
debted In excess of the constitutional limit ,
it does not appear that the warrants for
the payment of which plaintiff's warrants
are postponed , are Invalid , As we said la
Phillips against Reed supra. "If the city
tiad on hand , or In prospect , at the time
these warrants were Issued funds with
which to meet them without trenching on
the rights ot creditors for current expenses
of the city , then the warrants were valid ,
although such funds may have been there
after applied to other purposes. "
The constitutionality of the Indebtedness
represented by the warrants which defend-
and seeks to allow precedence over those ot
plaintiff is not an Issue In this case , and we
s ay that If It were , we could give no con
sideration to the statement of the finances
of said city for many years past , which
counsel for appellant have seen fit to In
corporate In their argument. No such mat
ter was contained In the petition and the
case , as already said , comes to us upon de
murrer.
Wo held in the former case between these
parties , that under section 1 , chapter lv ,
Laws of the Twenty-second General Assem
bly , cities were required to Ilrst apply the
current income of cacli year to the pay
ment of the expenses of that year , and that
the provision In section 2. chapter III , of the
same acts , which requlrca city warrants to
bo paid In the order of their presentation ,
applied only to the warrants of a given
year.
But It Is now urged on the part of appel-
O that section 1 , chapter lv. Acts of the
Twenty-second General Assembly , did not
apply to the city ot Council Bluffs. That
section aa originally enacted was as fol
lows : "All cities of the first class shall
make their appropriation for all the differ
ent expenditures of the city government
for each llscal year at or before the begin
ning thereof , and It shall be unlawful for
the city council or any onicer , agent or em
ploye of the city to Issue any warrant , en
ter Into any contract or appropriate any
money in excess of the amount thus ap
propriated for which such appropriation
shall be made , and any such city shall not
appropriate In the aggregate an amount In
excess of Its annually legally authorized
revenue , but nothing- herein shall prevent
such cities from anticipating their revenues
for the year for which such appropriation
was made , or from bonding or refunding
their outstanding Indebtedness. Provided ,
that this section shall not apply to cities
of the first class , organized slnco 1SS1. " The
petition , as we have It , alleges that the
city of Council Bluffs Is a city of the first
class , organized since 1891. The arguments
of both parties Indicate that this date as It
appears in the abstract Is a clerical error
and that It should be 1SS1. The act In
question was passed In the year 1SSC. We
shall treat the case as It Is argued and con
sider the city ns being- clearly within the
terms of the proviso.
If , then , this section , which provides that
municipalities must first pay current ex
penses from current revenues , did not ap
ply to Council Bluffs , section 2 , chapter
111. laws of the Twenty-second General - Assembly
sembly , which provided for the payment
of warrants in the order of their presenta
tion , had full effect and applied to all war
rants Issued by the city prior to the adop
tion of the code when the proviso to sec
tion 1 , chapter iv , was dropped. The effect
of the requirement that warrants shall be
paid In the order ot their presentation Is
to create a contract for precedence with
the warrant holders , which could not bo
. Impaired by subsequent legislation.
It H suggested , but not argued , by ap
pellant that the proviso Is Invalid. We se
out all thnt Is said on the subject :
"We concede the city ot Council muffs
was at the time of the passage of chanter
iv. act 22 , O. A. , 'a city of the first class
organized since 1S31 , ' and submit to this
court whether the proviso to section 1
therein Is good If it was. as Is claimed
for It nut In there onlv that Pnnnnii TiinfTu
should bo relieved from the liabilities and
restrictions therein contained. Should this
court conclude that this proviso Is KOO (
and that It included Council Bluffs and I
material , wo still Insist that Council Blurts
had at the time of the pasagc of chaste
Iv of twenty-second G. A. , nnd each nm
every year slnco ns complete a restriction
as section 4 thereof would impose wlthou
the proviso. "
If this provision is void It must bo upon
constitutional grounds , nnd wo are not in
dined nor would It bo proper for us to go
out of our way In search for such rcasoi
for setting aside the legislative will. Th
rule that we will not pass upon Question
not argued applies with double force t
constitutional questions. Wo may ver
properly ndd here that no sufficient reason
occurs to us for declaring this proviso In
valid ,
Something Is claimed by appellant for th
fact , as asserted , that section 2 of clmpte
lv Is app Icablo to defendant city. This In
terprctation Is not well founded. Sectlo
2 refers only to the cities Included tn HOC
tlon 1.
Inasmuch as It was defendant's duty t
apply the funds In his hands to the pay
ment of warrants in the order of their nres
cntatlon nnd ns the
amount of such war
rants outstanding and properly Indorse
exceeded the amount ot the moneys o
hand wo are of the opinion that the cour
below miule a proper disposition of thl
cnse and Its judgment is therefore afllrmci
Nerr neckbacds put on shirts tree o
charge for regular customers at the Blu
City laindry , 34 North Mala.
nnilYOS IN THE DISTUICT COUIIT
ncconl of a Hny' Trnimnctlonii Uc
fore tlii * MInlniiH f HI < . Lniv.
Eliza Jane Heywood , Gardner A. Heywood
and other heirs filed original notlco of eult
In the district court ycetorday against James
Heywood , executor of tha estate of the late
Jonathan Heywood of Quick , la. , to have
set aside and cancelled tbo written ( stipula
tion for settlement of the affairs of the
estate entered Into between the plaintiffs
and the defendant in March , 1897. The pe
tition , the notice states , will also ask fern
n cancellation of the decree ot Judge Thor-
nell , approving the stipulation. The plain
tiffs nllcgo fraud and misrepresentation on
the part of the executor nnd further that
ho concealed assets of the estate.
Jonathan Heywood was a wealthy , farmer
Hying near Quick , In this county , and at
his death left a large estate and a number i
I
ber of heirs. Jamra Heywood , one of the
sons , was made executor , nnd In course of
(
tlmo a division of the estate was agreed
upon between the heirs. This settlement
was approved by Judge Thornel ! of the dis
trict court , but when a short time ago Exec
utor Heywood presented his final report
and Uwas about to COBJJJ up for approval
certain of the heirs filed objections , alleging
that they had discovered certain crooked
ness on the part of Jamra Heywood and
that BB executor ho bad concealed a largo
amount of property belonging to the estate. j I
The matter was brought up before Judge j I
Smith and ho ruled that the charges of
fraud could not bo decided In probate , but
that the objectors must resort to an action
In equity. In pursuance of this order origi
nal notice of suit was accordingly filed yea.
terday ,
The trial of F. D , Reaper and Alice Wil
liams , charted with adultery , was com
menced yesterday morning before Judge
Macy and a jury In tbo district court. But
Ittlo progress wan made during the day
nd when court adjourned for the day the
vldcncc for the prosecution was not half In ,
The hearing on the application for an In
unction In the suit of M , C. Goodwin and
ithcrs against Sheriff Morgan and others has
een set for Frldny , October 27.
The daagc suit of R. H. Harris ngalnet
he Motor Company waa continued by agree ,
nent In the superior court yesterday for
vso weeks.
A jury was Impaneled In the superior court
estcrdny morning In the case of the Cedar
taplds Improvement Company against J.
Zollcr , but after a couple of witnesses hnd
icon examined , n settlement wna arrived
t nnd the jury discharged. The suit waa
ver a shipment of flour , which the defend-
nt claimed was not up to the standard guar-
nlecd.
The hearing on the claim of Mrs. George
A. Hnyncs for $600 from the estate of her
mother , Mrs. L. S. Amy , which was disputed
> y the administrator , resulted In Judge
Macy allowing the claimant $350.
Reasonable amount ot mending done frcs
of charge at t'ao ' Bluff City laundry. This U
he laundry that takes good care of your
Inen. 31 North Main.
P. Li. Harmel , wood , coal and feed , nd-
olnlng Washington Avenue school. Tel. 358.
ELECTRIC I.KillTINO UP AGAIN.
City Cnniioll Will llnvc IMP Mnttcr
Utulrr Cnnnlilcrntloii Tonight.
The city council Is slated to meet tonight
ns a committee of the whole to consider the
olnt application of the Seckner Contract-
ng company and J. P. Miller & Co. for
a lighting franchise , also the proposition
of those two firms to light the city.
George Mayer , secretary of the Seckner
company , Is expected to appear with a view
o presenting an argument In favor of the
olnt bid of hla company nnd of J. P. Miller
& Co. for a contract for public lighting ,
which was submitted nt the last meeting
of the council. Several of the aldermen ,
nowevor , arc opposed to granting him this
privilege , In view of the fact that the coun
cil has readvertlsod for bids on public light
ing , as to do so would give him an unfair
advantage over the other bidders.
According to the advertisement the bids
must bo In writing , sealed and with the
city clerk not later than November 6. Ono
of the aldermen said yesterday he did not
ibcllevo the council would permit Mr. Mayer
to submit his bid In advance of that date
nnd make an oral argument In support of
It , .as It would , In his opinion , bo an In-
lustlco to the other bidders and destructive
of anything like fair competition. Ho
thought the city could not afford to so lay
Itself open to the charge- bad faith.
Mr. Mayer asks In his proposition for a
twenty-five years' contract at $70 each a
year for 150 lights fort the first fifteen
years and $66 each -a year for the remain
ing ten years of the term. The bid of
the local company , which was among those
recently rejected 'by ' the council , waa to
furnish the same number of lights on a
flftoon-year contract at $65 each per year.
This would bo $11,250 loss than the price
asked by the Seckner and Miller companies
for lights for the same period.
Mayor Jennings , when seen yesterday , said
ho was In favor of 'postponing the consid
eration of the joint application of the two
Chicago firms until after the date set for
receiving bids.
Mrs. Hande's classes for dancing are now
open. Children at residence Tuesdays , 4
o'clock ; at I. O. 0. F. temple , Saturdays , 3
o'clock. Adult beginners at residence , Tues
days , 8 o'clock. Assemblies , Fridays , at
I. O. 0. F. temple , 8:30 : o'clock. Private
lessons at any tlmo not taken with classefl.
Residence 235 Oakland avenue , telephone 451.
Political l > olntcr .n
Hon. A. S. Hazolton , candidate for state
senator , will speak at the Council Bluffs
Republican club rooms tonight. Other
speakers will bo Colonel C. G. Saunders and
Spencer Smith.
The mooting ot RIef's hall In Hazel Dell
township arranged for Saturday evening will
be .held Friday night Instead. Congressman
Smith McPherson will bo the principal
speaker.
Chairman Everest of the republican county
central committee says that while the cam
paign this fall has been quiet It has been
none the less active. The situation through
out the county Is most favorable nnd ho ]
expects the republican ticket will poll the 11 '
biggest vote ever had In this county outsldo j I
of Council Bluffs. The lines between the
two partlco are too closely drawn In the city
to figure on any large majority , but every
thing points , ho says , to a complete repub
lican victory In tbo city.
The democrats are becoming somewhat
desperate nnd are endeavoring to alienate
the worklngraen In the ranks of the repub
lican party In this city from supporting j
the legislative ticket. Yesterday cards were
pcstcd all over town * calling on all friends
of organized labor and worklngraen In gen
eral to cast their votes for the democratic
legislative candidates on the ground thnt
they alone were the true friends of the
'
worklngmcn. The poster's'.are headed "Tho
Non-Partisan Club , " but ItIs , significant
that they lacked the signature of anyone.
Don't miss the grand organ recital nt the
Congregational church tonight by Mr. Walter I
E. Young ( lately of London , England ) asI I
slsted by Mr. A. Delmore Cheney , the popu-1
lar soloist of Omaha. Tickets , 25c ,
Juror * Urnwn.
The following jury was" drawn yesterday
for the November term of district court :
C. W. Brown , John Watts , J. W. Morse ,
E. MoWllllams , C. A. Tlbbltr. L. Zer-
muohlon ; ur. , D. P. Howes , W. F. Lyon ,
Frank Grass , J. K. O'Donald. J. H. Newton ,
D. A. Helsler , J. A. Churchill , T , S. Rob
inson , R. T. Monfort , Council Bluffs ; Wil
liam Stewart , York , township ; Joseph Nan-
sel , Lewis township ; A. Olderog , Sliver
Creek township ; George Evans , Washington
township ; Thomas Shields , Hardln town
ship ; A. T , Hubbard , NeoU ; Ed Thrush ,
Norwalk township ; E. P. Olsen , Boomer
township ; William Lewis , Keg Creek town
ship.
HoweU'a AntI "Kawf" cures coughs , colds.
FOHTY SWITCHMEN DllHIJIlT VAIIUS.
Ilnllronil EmploycH Uefiixe to Work
Iinner for Prevailing WUKCM ,
CEDAR RAPIDS. la. , Oct. 18. ( Special
Telegram. ) Business In the yards of tbo
Burlington , Cedar Rapids & Northern ralli
way Is at a standstill. Forty 'switchmen ,
both day and night shifts , resigned their
positions and quit work , leaving but two
men nt work. Disagreement over wagea
was the cause of the trouble. The men are
not striking and are causing no trouble
and not trying to prevent others from
working. U will ho several days before
tbo company will bo able to fill their places ,
Sillier for Ciiptnlii UnvlilNon.
AMES , la. , Oct. 18. ( Special , ) Brigadier
General James Rush Lincoln of this city has
received a sum ot money which aggregates
In the neighborhood of $ UO from the em
listed men off the Fifty-first Iowa regiment
at Manila , to be used In purchasing n saber
to bo presented to Captain J.T. . Davidson ,
who until recently has been > the regimental
adjutant of the Flfty-Dnst. The captain ro-
elcncd hiw position with the Iowa regi
ment on bU having received the appoint
ment as cuptaln In the Eleventh cavalry ,
U. S. V. , and U now doing duty with" that
rcElmcnt in the Philippines.
SHIPPERS TAP RAILROAD TILL
Two Roads Must Pay Dear for Imposing
Extortionate Rates.
SUPREME COURT UPHOLDS HAY DEALERS
Exccnx Ijcrlcn KxtentlliiK Over Several
Ycnm Mniit' He Kefmidcd l.ov-
criuir Sliniv "Will Welcome
lownnn.
DBS M01NKS , In. , Oct. 18. ( Special Tele
gram. ) The supreme court this morning de
termined the constitutionality of the low
which empowers * the railway commission to
fix Joint rates for freight hauling In Iowa
nnd alee of thnt which authorizes a town or
county to vote a tax In support of a prl-
Vnto enterprise.
The cane , which is a famous one , Is en
titled Blair nnd others ngalnst the Sioux
City & Pacific nnd Chicago & Northwestern
railways. The notion -was brought by a
number of shippers ot baled hay at Whiting
nnd Blencoe , who complained that the two
defendant companies had charged them two
rates on largo shipments ot hay from the
points named to .Council Bluffs , Instead of
the Joint rate provided by the railway com
mission. The defense Included among other
things the plea that the act authorizing the
railway .commission to fix rates was un
constitutional. The lower court found
against the defendants and awarded the
plaintiffs heavy damages. The' hay ship
ments extended over a period of several
years nnd the statute provides a penalty
for extortionate charges by a railway com
pany , that It shall , pay the person affected
three times the actual damage sustained ;
so that ns a consequence the sum recovered
by the hay shippers was enormous.
The eupremo court affirmed the action of
the lower court In every particular , expept
In the charge of Interest on the trebblo
damages. It rendered the opinion that as
this was a penalty , the statute must bo
strictly construed and nothing but the ac
tual damage therein provided could bo re
covered.
Slinvr Will Greet lOTrnnn.
Governor and Mrs. Shaw leave for San
Francisco Into tonight to meet the returning
Fifty-first Iowa. A special from there
says thnt the regiment will bo mustered out
on November 3 and that General Shatter
has given orders that this must be done. He
promised the officials of the Iowa party and
those at the Presidio that every assistance
needed to accomplish this end will be forth
coming. If the mustering out takes place
on November 3 , the regiment will be in Iowa
in tlmo to vote at the election held in the
state on November 7.
An attorney from the Union Pacific called
nt the ofilco of the recretary of state today
and offered to file amended articles of in
corporation , Increasing the stock $100,000,000.
He was told that the state's foe would bo
$2,000 and ho took the articles and left. The
attorney general will bo consulted In the
matter , the road claiming that It filed Its
original articles before the law was passed ,
providing for the high fee nnd that it does
not need to pay the fee for a mere amend
ment to the original articles.
Burglars robbed Tthe Malum & Vlgren
grocery etoro early this morning and then
set It afire to cover up their tracks. The
loss Is $1,500. . j > j , ,
The executive committee of the Northern
Iowa Implement Dealers met hero today nnd
Issued a call toe a tate meeting to be held
In this city durinVthe first week of Janu
ary.
ary.Today's
Today's decisions were :
3tf. H.-Lueck nnVolhers against The In
corporated Town of Belmond. appellant.
% \ right district , affirmed ; Luclnda J. Fisher
against ullllam A. Koontz , administrator ,
anq Others , appellants , Munroe district , re
versed ; State oT Iowa , in behalf of Mattla
Stewart , against D. B. Anderson , appellant
Audubon district , affirmed : J. R Blair
against The Sioux City & Pacific Railway
ana the Chicago & Northwestern Railway
Company , appellants ; H. H. Hollo-way
against same. , appellants ; A. Brown against
same , and G. G. Macoy against same. Pot-
tnwattamlo district , affirmed ; P. W. Prlde-
nard and others , appellants , agalnbt J. A.
Magoun , county treasurer , and others ,
, Woodbury district , alllrmed ; J. N. Pruin.
appellant. against F. M. Keeney. Pottdwat-
tamle district , afllrmed ; Ottumwa. Brick and
Construction Company against Joseph Aln-
ley. Carrie M. Motzgar. nee Koonz , T. P.
trlet " , Sl affirmed. DakelV appellants , Wapello dls-
ONCE SAVKD THE I'llESIDE.VT'S LIFE
lloyliood FrlemlM 3Ile < Dnrlnf ? Chlnf
Excentivc'ii Tour.
DUBUQUE , la. , Oct. 18. ( Special. ) Ono
of the most interesting Incidents of Presi
dent McKlnley's visit to Dubuque was his
meeting with To"m Johnson , of this city ,
who rescued the president from drowning
when they were boys together , attending
school at Canton.r
Mr. Johnson was Introduced to the presi
dent by Secretary Wilson. The president
grasped his hand'warmly , remarking ; "This
is Tom of Canton , " and ho shook aga'ln ,
oaylng that he had read the "skating In
cident" In the Times while coming In on
the train.
The president had no sooner said "this
Is Tom of Canton" than Mr. Johnson said ;
"Yes , sir. I'm not Tom of Cleveland , " nnd
the president smiled.
Tom of Cleveland is a somewhat noted
democratic leader In Ohio , and hao opposed
htm with unusual vigor , and the president
knew the significance of Mr. Johnson's re
mark , when he replied that bo was not
"Tom of Cleveland. " '
fin Worthy AMjilrnnt at Ilniul.
LEMAnS , la. , Oct. 18. ( Special. ) Three
attempts have been made slnco last Xlay to
fill the Eleventh congreislonal district's
Naval academy privilege. At an examination
'held ' In Storm Lake , Chris Moser Eoemoc
entitled to the place , but Congressman
Thomas refused , to appoint him , as he prove !
to bo nonresident In the district. Aubrey
Sharp of Lemnrs stood next on the list , and
at tha proper tlmo took his second examina
tion. m the Naval academy , where ho failed
owing to defectiveeyesight. . This failure
entitled Frank Greene of Cherokee , third on
the examination Hat , to the nppolntmont
which ho received. Greene , however , fallei
In the academy examination and has jus
been returned. Ho has asked for a secom
chance , which Congressman Thomas ha
promised him. If he falls again the cadet
ship will stand vacant until next May.
New TOTTIIH In lovru.
GRUNDY CENTER , la. , Oct. 18 ,
( Special , ) The Iowa , Minnesota & North
western railroad , which extends from Blue
Earth , Minn. , to Bcllo Plalnc , la. , con
nactlng with the main line of the Chicago
A Northwestern and passing through the
northern part of this county , Is being puohei
to completion with great rapidity * It I
Intended that the northern end ot this route
will bo In full operation by January 1. This
will locate a couple of towns In the north
ern part of the county , which , however , will
'In ' knoway effect Grundy Center , but will
undoubtedly be rather hard on the Relnbock
trade , .
Sliot li > ' a
'
, la. , Oct. IS. ( Special. ) John
O'Connor , a laborer , comlnc here to work
on the railroad , won shot while In .a box
ear Friday night at 11:30 'just 'east of the
switch by a tramp who boarded tbo train
at Tama. After knocking bis man down
the tramp told him to take off hta clothes. ' 1
Ho won too slow to suit Mr. Tramp , * a he
shot him In the jixw and took the clothes
off and went through them and secured $10.
O'Connor Is now at thn hotel ,
Oricrn Clly it Tnrk.
SIOUX ClTY , Oct. 18. ( Special Tele
gram. ) The Sloux City Traction company
has proposed to the city council to turn
over to the city Riverside park of S8S
acres. Inasmuch ns the park has a bonded
Indebtedness of $250,000 the council has not
jumped at the offer. A committee of aider-
men has been appointed to Investigate the
proposition.
CniiftltiN Si > rnkN nt llnrlnn ,
HARLAN , la. , Oct. IS. ( Special. ) Con
gressman Cousins spoke for two hours last
night to n largo audience ot all shades of
political opinion , Thcro were many people
present from the country to hear the young
Iowa orator , Ho was greeted with liberal ap
plause.
Wntiinn'n Hcllof Corpn Convention ,
AMES , la. , Oct. IS. ( Special Telegram. )
The nnnunl convention of the Woman's Re
lief corps of the Sixth district , which com
prises sixteen counties In central lown. Is
hclng held hero today. A business session
will bo held this afternoon within camp fire ,
music and speeches this evening.
lawn Noun Xoten.
The. dairy owners around Waterloo have
organized for mutual benefit.
The new Catholic church In Carroll town
ship , T ma county , Is almost completed.
Twelve , button cutters nt Muscattne have
organized and commenced a union button
factory.
It Is believed that Dysart has more tele
phones In use than any other town of Us
slze In the state.
Rev. Hugh McNlnch , late of Red Oak. has
been Installed as pastor ot the Presbyterian
church at Acklcy.
Two eastern capitalists nre. In Duhuqus
with a view 'to ' purchasing and developing
the lend mines there.
A destructive prairie , flro occurred near
Holf. A largo amount of luiy. corn In the
field and several buildings were consumed.
Major Curtis of Atlantic , who Is now
serving on the Porto lllcan Insular com
mission , is expecting an appointment ns a
member of the supreme court ot the Island ,
A 13-months' old BOH of Benjamin Haber-
gar of West Bend died as the rc ult of
drinking concentrated lye. a can of which
had been left within reach of the little one.
General Funston is expected to lecture In
De.t Molncs Home tlmo during the coming
winter. The proceeds of the lecture arc to
he for the benefit of the Associated Char
ities.
Fenther renovators are working the coun
try In the vicinity of Iowa Falls. Their
plan Is to collect thr feathers and In place
of good ones return old and worn-out feath
ers. A large number of people are saJd to
Imve been victimized.
George Hunter and wife of Melrose had
a narrow escape from death one night re
cently. They were sleeping In. a folding
bed and about half an hour after they had
retired their daughter heard groans coming
from their room. An Investigation disclosed
the fact that the bed had closed up on
them. The daughter was unable to open It
unaided and by the tlmo assistance arrived
Hunter anil his wife were nearly dead from
suffocation.
VOLUNTEER FIREMEN KILLED
\VnIl Fnlld Uiion Them Willie nt
\Vork Three Kiiovrii io lie
Uiulcr Debrln ,
KNIGHTSTOWN , Ind. . Oct. 18. The moat
serious flro In the history ot this town
iroko out early today. Three lives -were
oat and property -north $100,000 or more
was destroyed. The dead :
TIIUMAN RHODES.
'v
CHARLES SCUTTER.'v
FON DAVEY.
The men were members of. the volunteer
fire department and were fighting the lire
when the front wall of a three-story bulld-
ng fell outward. They were caught by the
'ailing bricks and crushed to death and it is
selleved thaf at least , two others met with
: ho eamo fate. The Masonic Temple , the
argcst building in the city , was destroyed ,
together with the buildings occupied by B.
O. Anderson , dealer In household goods ,
Green Brothers' saloon and Davcy Brothers ,
dealers in notion's. The fire Is supposed to
liavo originated tram an explosion of natu
ral gae.
HOIINC mill Contents DcfifroycO.
OAKLAND , Cal. . Oct. 18. "Fernwood , "
the magnificent homo of George R. Dlngeo ,
loc&ted in the Piedmont hills , was totally
destroyed by flro this morning. The house
contained one ot the flue t private art gnl-
leries and conservatories In the state. The
total loss Is probably over $300,000. Noth
ing In the house was saved. The cause of
the conflagration has not been ascertained.
The house was occupied by the servants ,
Mr. and Mrs , Dlngee being In the east.
Livery nnrn nml Contenta.
GRETNA , Neb. , Oct. 18. ( Special. ) A
destructive flro was narrowly averted here
Sunday at noon during a violent windstorm.
The flro occurred In a summer kitchen , Juat
south of the livery barn , which was en
tirely destroyed , together -with the con
tents. The structure belonged to John
Hlcke and Is occupied by George Gross.
The origin of the flre was unknown , but Is
bellavcd to have caught from matches In
the hands of children.
CulnniliuH Laundry In
COLUMBUS , Neb. , Oct. 18. ( Special. )
The steam laundry of C. A. Whaloy on Nc-
braoka avenue was partially destroyed by
flro last night. The blaze caught In the
dry room , which was totally destroyed , to
gether with the contents , but the building
and adjoining property were saved by the
bard -work of the department. Tbo loss Is
given nt about $300 , fully covered by In
surance. It will bo rebuilt at once.
Korefitn In "Went Virginia Altlnzc.
PARSONS , W , Vs. , Oct. 18. Immense
forest fires , miles In extent , are raging In
the mountains near here. Millions of feet
of lumber have been destroyed and other
property Is In imminent danger. Rcaldcnta
have to light to keep the flro out of Hend-
rlcks , three miles from here , nnd It looks
as If the same would have to ho done here
Smoke like a dense fog Imnga over the town
Trump linn IllH Urn-nice ,
EXETER , Neb. , Oct. 18. ( Special. ) Rob
ert Krause , a German farmer , living six
miles southeast of this town , lost his barn , '
horses nnd harness by flro last night. Ho
was awakened by the pawing of the frantic
horses , but the flro was under such head
way thnt nothing could bo aaved. The flre
Is thought to have been started by a tramp
to whom shelter was refused.
AVIrhKn Dry Goods Storo.
WICHITA , Oct. 18. The dry goods store
of George Innes & Co , burned at C o'clock
this morning. It was brilliantly lighted and
prettily decorated because of the local festi
val In progress. It Is thought to have caught
from Homo electric wire. The loss is $75-
000 , with insurance of $53,000.
Wliolrnnli * Coiifeutlonnry.
LONDON , Oct. 18. The wholesale confec
tionery works of Harrptt & Co , In this city
were burned this morning. The damage Is
estimated at 100,000 ,
To these who drink whisky for pleasure
HA'RliBR ' whisky adds zest to existence. To
those who drink whisky for health's sake
HARPER whisky makes Hfo worth living.
Mctlmdlut .Mlxuloiiury Convention ,
PITTSHUna , Oct. 18. Nearly 200 dole-
Katea from all parts of the country 'were
present today when the eighteenth annual
'natlona.1 convention of the Woman's Home
Missionary eoclcty of the Methodist Eplsco-
pal church was called to order by the preal-
dent , Mrs. Clinton 13. Flsk of New York ,
After de"otlonal exercises , led by Mrs.
George W. Mantfleld of Newton , Mum. , the
visitors were welcomed on behalf of the
ritUburR conference by Mro. C.V. . Smith
nnd In behalf of Christ church by Uov. Dr.
Daniel Dorchetor , the pastor. Mrs. I. D.
ones of Cincinnati , responded nnd President
'Isk then delivered her annual address.
MRS. JACKSON TAKES HER LIFE
Mere of Helen limit .Inckitnii Com *
mil * Sulclilo 1t > - SlioothiK at
COhOIlADO Sl'lUNOS. Colo. , Oct. 18-
Mra. W. S. Jackson , wlfo of the cashier of
ho Rl 1'aso County bank of this city , com-
mlttcil sulcldo by shooting this afternoon.
She hml been In poor health for some time
tuiJ It Is believed that sclf-dostructlon was
cnused by melancholia.
Mrs. Hrlcn Hanflcld Jackson was the ecc *
oml ftlfo ofV. . S. Jackson. She was a nleco
of Mr. Jackson's * first wife , Helen Hunt
lackson , who was well known ns "II. H. " by
icr poems , novels nml literary sketches.
Mrs. Jackson leaves six children. Her
mother lives In lloston.
"Cnrliiiul" Storm nml
are the strongest heaters and quickest
bakers.
DEATH RECORD.
Dciulno of Henry Frnlitnmi.
NEW YOIIIC , Oct. IS. Henry Krohmnn ,
father or Daniel , Charles nml Ouatnv Proh-
man , the theatrical manngers , died In this
city today ot heart failure , nued 72. Ho
wna horn near Dnrmstatlt , Germany , and
cnmo to America when n lad nnd settled In
Snndusky , O. , where nil his children were
jorn. About twenty years ago ho moved to
S'cw York. Ho wna In the tobacco business
n Ohio nnd nfterwnrd In New York City ,
but latterly ho had retired from business.
rioiipt-p Womnii Itrnlilciit.
PAWNEE CITY , Neb. , Oct. 18. ( Special. )
Isabel Oliver , one of the pioneer women ot
Pawnee county , died early yesterday morn-
ng of old ngo nt her late home , eight miles
southwest ot this city. She cnmo to Pawnco
county over thirty years ngo. 'Miss ' Oliver
was of Scotch descent , SO years old nnd an
aunt of Hon. Andrew Scott , n member ot
the last Nebraska legislature. The funeral
occurs today.
Mlllloimlrc Lumberman.
men LAKE , AVis. , Oct. 18. Captain An
drew Talntor of Menomlnee , Wls. , vlco
president ot the firm ot Knapp , Stout ft
Co. , and a millionaire lumberman , died
today , from nn attack of pneumonia. Ho
was " 0 years old.
IMcnytine i ; < l ! < or.
NEW ORLEANS , Oct. 18. One new case
of yellow fever today. No deaths. Finis II.
Hnrrle , telegraph editor of the Picayune ,
dlod tonight. The cause of death has not
bc-en determined.
Ilryiin in .Six-ale , III IIMVII AKttln.
DES MOINCS , Oct. 18. Chairman Huff
man of the democratic committee announces
: onlght , as the result of telegraphic corre
spondences with W. J. Bryan , that It Is prac
tically settled that the democratic leader
will return to Iowa to clofio the campaign.
Borden's Condensed Milk Co. , N.
Genuine
Carter's
Little Liver Pills.
Must Door Signature of
See Fac-Slmllo Wrapper Uclow.
Torr nmnll and as oa rte
to take M inffnr.
FOR HEADACHE.
FOR DIZZINESS.
FOR BILIOUSNESS.
FOR TORPID LIVER' ' .
FOR CONSTIPATION
FOR SALLOW SKIN.
FOR THE COMPLEXION
CURE SICK1. HEADACHE.
CHARGES LOW.
DR.
McCREW ,
SPECIALIST ,
TmtittlFcmucI
DISEASES AND
DISORDERS OF
MEN ONLY.
22 Yejri Experience.
12 Yunln Omiht.
.
1IKIUUAL Treatment
- 1 - combined. Vjirlcticele ,
Stricture , SypUllUI osiofVlBoraiid Vitality.
Cl'ltrSOTUIUNTKED. ' CbarjjeB low. BOHR
TREATMENT. IIoolc , Consultation and Exam
ination Free. Hours , 8 a.m. toO ; 7to8n. m.
Simrlar , 9 to 12. 1' . O. I'ox ' 766. Omce , N. E.
Cur. lliu aud Faruam Streets. OM All A. NIB.
UNIUS ftRUTUS
AND
GET
YOUR
MONEYS
WORTH
JQHNGWOODWARDScCO
WHOLESALE DISTRIBUTERS 1
> COUNCIL BLUFFS ,
THE NEUMAYER
JACOIt NKUMAYKIl. FHOP.
204. SOS. 203 , 210 Broadway. Council BlutT * .
Hates , $1,00 , > er day ; 75 rooms. First-clan )
In every respect. Motor Una to all depots !
Local agency for the celebrated St. Louli
A. B. C. beer. First-class bar.
In exgserience
your _ _ *
* * M
Did you ever have a heato <
that did not smoke ?
Was your stove first hot
then cold an up and
down heat ?
Soot all over the room every
time you fed it ?
Seven years ago
we invented
COLE'S HOT BLAST
It is clean.
It does not smoke.
It gives an even heat
COLE 6k COLE
41 Main St. , Council Bluffs.
, Woodbury desires to Btato that
he has finished remodeling and rear
ranging his Dental Office and is now
better prepared than ever to attend to
those in need of dental work of any
kind. Charges niaderate.
H. A. WOODBURY , D.D.S. '
COUNCIL HLUFFS , IOWA ,
Next to
n grand EiotoL ,
\
I TQM MOORE HENRY GEORGE
" (0 ( Cents. 5 Cents.
TWO JUSTLY POPULAR CIGARS.
John 0. Woodward & Co. , Council Bluffs. , \