THE OMAHA DATLT BEE : WEDNESDAY , "DECEMBER 13 , 1800.
NEWS OF INTEREST FROM IOWA.
COUNCIL BLUFFS.
MI.\Oll
Davis sells glas. %
l-'lne A It. C. brer , Neumnyer'K hotel.
Welsbach burners fit Blxby's. Tel. 193.
lludwelscr beer. L. nosenfeldt , agent.
Gravel roofing. A. II. Read , Sll U'way.
Scientific optician. Wollman. 403 Ur'dwny.
J. C. Blxby-left vestrrday on a business
trip to Coon Rapids , In.
The place' to have yenir framing done.
Alexander's Art , ompomim.
r > r. W. A. GerVals. osteopath , 301 Mer-
rlam block. Council Bluffs.
Get your work done nt the popular E
laundry , 721. Broadway : 'Phone IB" .
W. C. Kstcp , undertaker. 28 Pearl street.
Telephones : Office , 97 : residence. S3.
F. A. Dickinson of Aurora , Neb. , Is In the
city visiting his uncle , Chief of Police Al-
bro.
bro.Otvlrvr to n ilrnth In the family of one of
Its members fhe social of Unity guild has
been postponed for n wtck. ,
fihcrldnn coal makes n large flame and ,
clear fire , hut no smoke , . Root or clinkers.
Fcnlon < fc Foley. solo'agents. -
Dr. and Mrs. Mark it. Smith of.Shenan-
cloah arc In the city , called .here by the 111-
nnss of the former's brother , Arthur Smith
of First nvdnuo.
The Ladies' Aid society of St. John's
English Lutheran church will meet tomor
row afternoon at the residence of Mrs. Ole
Hasmusson , ' 710 South Eighth street.
A stranger giving the name of Henry
Cllno and whoso appearance Indicated that
he was a farm laborer was taken Into cus
tody yesterday ns being mentally deranged.
Ralph \V. Craddock of Omaha and Bessie
A. P. Hares of Atlantic , la. , were married
in this city Monday ex'enlng , the ceremony
being performed by Justice Vlen at his ros-
Idonce.
Mrs. Mnrj' Roberts died yesterday nt the
liomn of her jton , Qcorge W. Roberts , 613
Voorhls street , from paralysis , aged 55
years. Tim re.mnins Wlll ho taken to Phila
delphia for.burial.
Judgii Horace S. Wlnslow , who died at
Newton , l.i. , Monday night , had many
friends In this city who were pained to
hear of his demise. Judge Wlnslow was a
prominent Mason , being past grand com
mander of the Knights Templar and past
grand nntrpn of the Eastern Star.
J. W. Taylor , who 'fiad a mlx-up with
Gene Bratton Monday night on Broadway ,
was fined $3 and costs In jKllce ) court yes
terday for using profane and obscene lan
guage on a public thoroughfare. The case
against Bratton , charged with assault and
battery , was continued until this morning.
The cases against W S. Dlmmock , gen
eral manager of the Omaha , and Council
Bluffs Railway and Bridge company , nnd
sixteen of his men , charged with violating
the Sabbath the Sunday they put down a
piece of 'track ' round the Burllng-ton round
house at Sixteenth avenue. , ivero continued
yesterday in Justice Vlen's court for thirty
days.
Tom 'Mllas ' nnd Ed Shipley of this city ,
who 'cored such n hit , JU the "Elln | Jubt-
] co" at the Dohuny opera house recently ,
will put on their Coon and Hawaiian spe
cialty at the Crelgbton-Orpheum Friday
night and n large number of their friends
expect to be In the audience. They are seri
ously thinking of taking to the vaudeville
singe.
According5 to the financial statement just
issued the receipts In 'the ' general fund at
the Christian homo last week wore J722.74 ,
"being " JJ32.74 above the estlmated needs for
the current expenses of the week and de
creasing the deficiency In this fund to date
lo J3O.42. In tle ) manager's fund $98.41 was
received , being $63.41 above the needs of the
week and decreasing the deficiency in this
fund to $162.5,3 , to date.
Lieutenant Williams'of ' Shcnandoah , who
served In Company E , Fifty-first Iowa , in
the Philippines , Is in the city for the pur
pose of undergoing an operation for the re
moval of a .bullet from his thigh. He was
wounded during 'the allvnnce on Calumplt
last August. The bullet passed through
one t'hlgh and lodged in the other. The
operation will tie performed nt the
Woman's Christian Association hospital the
latter part of this week.
The regular monthly business meeting of
the Epworth league of the Fifth Avenue
Methodist church was held Monday evenIng -
Ing , when the following were elected ofll
cers for the coming year : President , Miss
Florence Storrs ; first vlco president , Miss
Jessie Dennis ; second vice prehldent , Miss
Mary Wells ; third vice president. Miss
Lcola Harrington ; fourth vice president ,
Mrs. C. C. 'Clifton ; secretary. Miss Mildred
Ogden ; treasurer , Miss May Hell.
N. Y. Plumbing company. T , : . 250.
IIOSTON STOKE.
ClirlNiiunN I'rcMcntn at Half I'rlro.
To Introduce our stock of holiday goods
on second floor worwlll sell at half price
for two hours , from 7 to 9 p. m. , each
night this week from our entire stock of
decorated glassware , consisting of an end
less variety of trays , rwater bottles , vases ,
candlesticks , puff boxes , card trays , pin
trays , etc.
WHITELAW & GARDINER.
Sensible Christmas presents for everybody
nt Colo's hardware store. Open evening
during December.
. ItlotcrN KliKMl ,
J. W. Johnson , Clark Johnson and W. L.
Campbell , the three men who raised a small
riot In a motor car last Saturday night , dur
ing , which they viciously assaulted J. M.
Cabbell , a colored man , had their hearing
before Judge Ayleaworth In police court
yroterday morning. All three wore charged
with assaulting Cabbell ami disturbing the
peace and Johnson and Campbell had the ad
ditional charge of resisting an officer to
answer to. . Theyk pleaded guilty to as
sault and disturbing. Ilia peace and the
charge of resisting nn officer was dismissed.
For fracturing the pence of the community
Judge Aylcswo'rth assessed them each $50 $
nnd costs mid for assaulting Cabbell $10 and
costs each. The fines with the costs
amounted to over $70 agali-.Ht each.
Visit the bazaar this afternoon nnd evenIng -
Ing nt the Christian tabernacle. Open from
2 to 0 ; i. in.
OI I'll ClINI'H ColltlllllPlI ,
The two cases in which "C. 0. D , " Brown ,
the Broadway grocer , Is charged with sell
ing and keeping for sale oleomargarine col
ored to imitate butter crntrary to the lawo
of the state , wore continued yesterday in
Justice ! Vlen's court until next Tuesday.
Deputy State- Dairy CommlHSlouer Groneweg
Is seeking to bring the manufacturers rf
the oleomargarine Into court , but ns they
reside outside thu state lias not yet found
n way lo do BO. Ho will probably bring
the case before the district grand Jury nt
the next terjn and try to secure Indictment *
against them.
IIon I INII : | <
The following transfers were filed yester
day In the nbstract. tltlo nnil loan oiDco of
J. w. Squire. 101 Pearl street :
David W. Kennedy nnil wife to
Charles S. Kennedy , west , i of
lol C , Itiuitrhn'H nub. , w. il J 1,900
Ooorgo li. Kolcom to J. I ) . Ulnko , lots
4. D anil C , block 12 ; lots U. 10 and 25 ,
block W , Uontrul nub. , iind lot 2 ,
lilork 2 , llyorii' nub. , q. o. il T > 0
Two transfer * . asBrenatlnB$1,050
.llnrrlaiji' liliM-iiHCH ,
I.lcniscB to wed were Issued yesterday to
the following persons :
Nutno and iiesiiiunce. Age.
Oeorb'o I. lluiw , Omuliii 31
Jlary Lake , . ' Council. Uluffa IS
O. Oold nrunilson , Council Bluffs. . ' 3S
U. Overgannl , Council UluffH 27
Robert C , I'.prwoy , touncll ! niuffs 2i (
Jlona U , Heed , Council Hlnffti . . . ' . 23
FAR8V1 LOAftSS
eu I" Kiwtorn Nebraska
itntT iu\vu. James N. Casady , Jr. .
120 Main at. . Council Illufts.
HRElNSURANCE POLICIES BOUGHT
l-'nr Caitli or l.iiunt'il On.
, -I3..H , SHISAI'M Jt CO. ,
9 I'c&rl Street , Council Illaffa ,
MUST SELECT ANOTHER SITE
State Superintendent Barrett Rules Against
Board of Educiticc.
DECIDES AGAINST THE * , OAKLAND TRACT
Dcnlcn the Application ( or a Ilchcar-
liiK In the Smith Appeal Canr
Iloaril Will lie Compelled
to Stand u Suit.
State Superintendent Barrett hno denied
the application of the Board of Education
for n rehearing in the matter of the T. L.
Smith appeal case and his previous ruling
against the Oakland nvenuo alto stands.
This not only leaves the board In the posi
tion that It will now have to select some
other location for the proposed now High
school building , but it will alee have to defend
a Bull brought by Simon Casady against the
echool district to recover the purchase price
of the Oakland avenue property. The de
cision of the state fluperlntcndent denying
the application for a rehearing 'as received
hero yesterday morning and Immediately
after the attorneys for Simon Casady served
notice of suit.
Text of the DcclHlon.
The decision of the state superintendent is
ns follows :
T. L. Smith , appellant , against Inde
pendent District of Council Bluffs.
Comes now the Independent richool Dis
trict of Council Blurts by its attorneys nnd
asks a rehearing In this case.
The act of the board from which this ap
peal Is taken was not wholly discretionary.
Tiie vote of the electors , placing JG5.000 in
the hands of the board of directors of the
Independent District of Council Bluffs for
the purpose of erecting n high school build
ing , contained a direction to that body to
select the site In as central a location as
In its Judicial judgment is possible.
AVhlle it Is true as a general proposition
that the law confers upon boards of direc
tors the power to locate school house sites ,
It has been repeatedly held by this depart
ment , nnd at least once by the supreme
court of our state , that if the location of
the school house is coupled with and desig
nated In the vote to build , the house must
be built In accordance with the vote.
As an Inducement to the electors to vote
the necessary sum for the erection of tne
High school building In question the board
set out In Us notice of election that the
new site should be selected ns centrally as
in its Judgment is possible. This proposi
tion , which in a measure limited the dis
cretionary power of the board relative to
the location of a site , having been made a
part of the vote authorizing the Issuance
of bonds , becnme Inseparable therefrom
when endorsed by the electors , and the
board became bound to select the most cen
tral location possible , both as a'matter of
law and of good faith.
We arc unable to conclude that the board
did select the most central site possible.
On the other hand , the action of the
board on April II , when the street site was
selected ; the admission of a majority or
the board at the hearing before the county
superintendent that the Oakland avenue
site chosen April 17 was not located ns
centrally as possible ; the virtual holding of
the county superintendent that the board
was In nowise bound by the expressions of
electors relative to the location of the
building , for whose erection they voted
money , led us to the conclusion that the
board had not given that consideration to
the vote of the electors relative to the loca
tion of the school house site , which they
were in law and coed conscience bound to
give , and that the site chosen Is not located
centrally , or as centrally as In the Judg
ment of the board it is possible to locate U.
The action of the board since the decision
was rendered' has served only to strengthen
this opinion.
From the transcript of the proceedings
of the board , duly certified to by its .secre
tary. It appears that on the Ibth day of
September flvo ballots were taken to de
termine the choice of a school house site ,
and that upon no one of said ballots did
the site in controversy receive more than
three of the seven votes of the board. This
action on the part of the board Indicates
that n majority does not now regard the
Oakland avenue site as the , most centrally
located.
This case has been decided upon the evi
dence of the members of the board them
selves and In the light of the law as It re
lates to the duties of boards of directors.
Considerable stress is laid In the applica
tion for a rehearing upon the claim that the
owner of the proposed site , ns well as the
persons employed by the board to grade the
same , may Involve the district In litigation.
In our opinion this Is a matter that it is
not our province to consider in determining
the question of a rehearing. Every person
doing business with a municipal corpora
tion Is presumed to know that he Is dealing
with a creature of the law whose powers
are limited , and the members of the board
certainly knew that any person aggrieved
by their decision in locating the school
house site had the right to appeal from
such decision within thirty days after its
rendition ,
The decision in tills case having been
made on the 12th day qt September , 1S99 ,
.1 i.opy of the opinion wa at once trans
mitted to the board , which body , accordIng -
Ing to the transcript of their secretary ,
formally considered the same on September
The secretary's transcrii.t shows that not
until October 16 did In * bciint decide to nsk
for a rehearing , application for which was
filed October 21 , or thlrly-nlno dayw after
the decision was randT'd.
While the stntulo is eilont as to the
method or time of m.ikii.g application for a
rehearing In HIMO oases , yet , reasoning
Jjy analogy Itould PI i m that thirty days
would bo ample 'line wlihln which to per
mit applications to oe made. The person
aggrieved by a .leclsbn or order of a schrol
board him only . . . ij days In which to
malia an appeal t-j HIM county superintend
ent. If the affidavit Is.'not filed within that
time the appeal must be dismissed. Like
wise the person aggrieved by the decision
of the county superintendent nun only
thirty days In which , to perfect his appeal
to the superintendent of public Instruction.
The Ptatuto ( section 4143 of the Code ) re-
Intliui to rehearing In the supreme court
provides that written notice of Intention
to petition for a rehearing shall be served
on thu opposite party or his attorney and
thu clerk of the court within thirty days
after the tiling of the opinion or decision ,
and If no such notice Is served the petition
for rehearing fhall not be Hied after the
expiration of such thirty days.
While thirty days from the < rendition of
i ho decision would. It seems to us , bo amnlo
t.ino In which to Die an application for a
rehearing , and. whtlf . ' ( 'Us ' department would
bo fully Justified In refusing to consider
an application filed after the expiration
of that time , yet wn do not wish to be un
derstood that 'a refusal to icopcn this case
Is based upon that ground.
In the caseof N. R. Johnson against
District Townshln of Utlca , page 36 , S. L.
Decisions. It was" held : 'To Justify the
granting of a new trial a reasonable ) doubt
must nrUr > in the , mind of the officer tu
whom application la made ns to thu abso
lute correctness of his former conclusions.
After carefully considering the evidence
and the law , nstell fin tlu > arguments of
counsel In support of thu application , we
are unable to see any reason for reopening
: hls cane.
The application for rehearing It" therefore
denied. R. C. BARRETT.
December 11. UW.
Iloaril HolilM S | > t''liil Si'HNlon ,
A special srfiilon of the school board
was held ycsterday.-nfternoon . , nt which , after
Ibe ruling of the state superintendent had
lH > eu read and ordered laid nwny among the
archives of the district. It was decided to
defer action in the'selection - of another slto
until next Monday night. Action In tbe
matter of the -Casaily eult was deferred
until the next regular meeting.
Member Cooper was In favor of the board
losing no more time over the selection of a
t'lte and wanted action taken right there
nnd then , but failed to secure any sup
port from the other members , who deemed
it betI to wait a few days , aa the offer of
other sites might bo made the board In the
meantime.
During the discussion Member Moore
elated that It bad been suggested to him
that the board could secure the propertr
Immediately north of St. Francis Xavler's
Catholic church , on South Sixth etrcet. This
ho hnd been advised could be secured for
about $10,000 by condemnation proceedings.
The property has n frontage of close upon
200 feet on Sixth street nnd is 102 feet deep.
The Schlltz Brewing company and Mrs. Amy
arc the owners.
The new school nt Cut-Oft was accepted
from Contractor Wind and the final esti
mate on the contract was ordered paid.
Member Stewart reported that Inquiries
hnd been made ns to the possibility of the
opening of n t evonlh grade class In either
the Avenue B school or the Second Avenue
ochool. * Superintendent Hnydcn , when the
matter was called to his attention , stated
that ho had under contemplation the estab
lishment of such a grade at one of the two
schools next February , at the time of the
regular promotions.
Iloaril lit n 1'lcUlr.
The original nottco of the Casady suit
eerved upon the members of the school board
! yesterday sets out that the petition will
I bo filed In the district court on or before
December 20 and that It will contain n ten
| dor of the warranty deed from the plaintiff
to the school district. The suit is to re
cover $8,000 , the purchase price of what
IB commonly known as the "Oakland avenue
site , " and $320 Interest from April 17 last ,
when It is alleged the board entered Into a
contract to buy the property. The claim
is sot up that under nnd by virtue of the
terms of this contrnct the achool district en
tered upon nnd Is now in possession of
the property nnd has made extensive oxen-
vntions thereon.
It was stnted ycstcrdny that E. A. Wick-
ham , who did the grading on the Oakland
avenue tract , will bring suit at once against
the school district for hlo pay.
I OSTO.STO1JI3. .
CIirlntiiifiN I'rcnentH fit Half Price.
To Introduce our stock of holiday goods
on second flcor we will sell at half price
for two hours , from 7 to 9 p. m. , each
night this week from our entire stock of
decorated glassware , consisting of an end
less variety of trays , water bottles , vases ,
candlesticks , puff boxes , card trays , pin
trays , etc.
WHITELAW & GARDINER.
Court
The trial of tbo personal damage suit
of M. W. George , the Chicago traveling man ,
against the city wa's completed In the dis
trict court yesterday afternoon and the case
given to the jury shortly after 3 o'clock.
Up to a late hour the jury had failed to ar
rive at a verdict. George sues for $5,000
for the fracture of a leg caused by falling
on the icy sidewalk on Pearl street at the
Junction of the Woodbury block and Grand
hotel last January.
Following the George damage suit , the
case of the Duncan Shoe Company agnlnst
the Iowa Merchants' Mutual Insurance Com
pany was taken up. The plaintiff seeks
to recover $321.01 , part of the damage sus
tained by hie shoe stock In a fire last win
ter.
ter.The
The hearing of the injunction suit of W.
W. Rogers against the Omaha , Council Bluffs
and Suburban Railway Company , set for yes
terday in the superior court , was continued ,
owing to the attorney for the defendant
company being engaged elsewhere.
Judge Aylesworth henrd yesterday the ar
guments in the motion of the defendants
for the transfer to Story county of the suits
brought by D. J. Fogerty against Mary J.
Jonee , T. J. Carpenter , et nl. In these suits
the plaintiff seeks to recover damages for
alleged breach of contract in the matter
of the sale of nureery stock , basing his
claim on what his profits would have been
If the defendants had stood by their con
tracts and purchased the stock. The de
fendants claim that whereas the suits are to
recover damages and not to recover for
goods sold they are entitled to have the
cases transferred to Story countjv where
they reside. Judge Aylesworth took his
ruling under advisement.
A. IV. Moore AV11I Heiiialii nt the Old
Stnnil THI .limitary 1.
Although wo have removed our offices and
r'ost of our stcck to our new rooms , 214-
21C-218 South Eighteenth street , Omaha ,
Neb. , we have arranged to keep our store ,
No. 103 Main street , Council Bluffs , la. ,
open until after the holidays , thereby af
fording our many friends an opportunity to
obtain an instrument at almost their own
price , as we must sell off some of our stock ,
not having room to place all In our new
rooms.
This will also afford patrons whose valued
patronage wo appreciate an opportunity to
make inquiries as to the changes , etc.
Our Mr. A. W. Moore , who resides at
1017 Third avenue , will bo In charge and
will take pleasure to gre'et all that favor
us with a call and give much valuable In
formation.
Christmas Is almost here , and should you
wish an Instrument to make n present , and
you can hardly make a better one , or In
tend purchasing. If you would favor us with
a call wo would make It well worth your
while in doing so , for we are offering re
markable Inducements , Inducements that
would greatly surprise you.
Any communication sent to us or left at
Council Bluffs Savings bank will receive
prompt attention.
Thanking all kindly for past favors and
soliciting a continuance of your patronage ,
we remain , yours truly ,
MUELLER PIANO & ORGAN CO. ,
E. A. MUELLER , Manager ,
"Mother of the Hi'KliiUMit , " |
Mrs. Veitch of Oakland , Cal. , who , by her
many kindnesses to tbo boys of the Fifty-
first Iowa volunteers while In camp In San
Francisco , has been termed "the mother of
the regiment , " was the gutHt yesterday of
Dr. and Mrs. Macrae , jr. , nnd their homo
'
was the scene of an Informal reception all
during the day. Mrs. Voltch had honed to I
make a week's slay In the city and see all
of "her boys" again , but was unexpectedly
obliged to leave for her home last evening.
This was a keen disappointment both to
herself , to the boys of Company L and to
many who had wished to meet her. During
the stay of the regiment in San Frnnclsco
Mra. Veitch was indeed a niothpr to them.
She tended the sick , furnished them with
the delicacies that they craved nnd her hoinu
was always ojmn to any and all. Thos
from out of town who visited Mrs. Veitch
whllo here were Captain and Mrs. Stcepo of
Glenwood nnd Lieutenant Lane of Shenan-
cloali.
Davit 6cli | : paint.
MSB | Bertha L. Marsh , Fourth street , has
just Invested In n beautiful grand upright
piano , the case of specially selected fig
ured walnut , with a magnificent tone , pur
chased ut the reliable Bouriclus Muelti
Houce , 335 Broadway , telephone IC6 , whore
the organ-elands upon the building.
To linyeir Mnuhlnery ,
President N. W. Wells of the Omaha nnd
Council Bluffa Railway nnd Bridge com
pany has gone to Chicago for the purpose
of purchasing now machinery which the
company intends installing in Its new power
louse. When the new machinery is Installed
Ihu old power house will be torn down nnd
tha old machinery rold.
We keep open every night In December to
show our line of sensible Christmas goods.
COLE & COLE.
ROBS BANK , BUT IS CAUGHT
Action of Farmer on Whose Land Mortgaga
Had Been Foreclosed ,
SHERIFF GETS HIM WITHIN AN HOUR
"of III * Action Thniifflit In lie
Unit IIii > ili lliul Itcccntly I'oro-
n MiirtKiiKc on
Fnrin.
SAC CITY , la. . Dec. 12. ( Special Tele
gram. ) At 2 o'clock this afternoon \V. U.
Snnsom , an eccentric young farmer , entered
the First National bank and , holding n re
volver In the face of the assistant cashier ,
demanded and received the pile of paper
money lying near the cashier's window
Sansom ran across the street , made his
way coolly through several stores and then
hurried Into the country. In one hour the
sheriff had him In charge.
The bank recently foreclosed a mortgage
on Sansom's farm. Ho Is very morose and
will not talk tonight about his action.
M'CUTUHEON SEbKS OFFICE
Ciiiuliilnte for A UN Infant Scerotnrr of
State Srnnlc Stnt < * Horticultural
Krvlill.U . tit 1'nrlN.
DBS MOINES , Dec. 12. ( Special Tele
gram. ) Kred C. McCuteheon of Iowa City ,
manager of the State University foot bull
team during the season Just closed , was
hero today. Ho Is a candidate for the first
assistant secretaryship of the state sen
ate and expects to bo elected without dif
ficulty.
McCuteheon may be retained as perma
nent manager of all the athletic teams of the
university. A committee to decide the ques
tion of creating such an olllce was appointed
by the athletic advisory board Saturday and
will report on the matter Thursday. If the
offlce Is created therfe Is no doubt that Mc
Cuteheon will bo the first to nil It. Be
sides paying all the expenses of the season ,
ho paid off all but a few dollars of the ? ! , -
200 debt that had been hanging over the
athletic association for some years.
It Is said that Representative John Gib
son of Union county Is to have a contest
on his hands. So far there have been no
contest papers filed with the secretory of
state. There Is generally at least one con
test each In the house and senate. Tomor
row Is the last day for filing.
It Is asserted that the democratic can
didate In Union county will contest the scat.
The majority by which Gibson was elected
was between 200 and 300.
The State Horticultural society met hero
In annual convention today. An appropria
tion was made for an Iowa horticultural ex-
'
hlblt nt the Paris world's fair next year.
Ovjr 150 members were in attendance. The .
officers of the society reported and a number' '
of papers were read. Now officers will prob
ably bo elected tomorrow.
All the supreme Judges , with the excep
tion of Judge Granger , -who Is In Chicago
taking medical treatment , convened at the
state house this morning for the special De
cember term of court. The term will be de
voted entirely to reading and handing down
opinions. Five state cases were decided to
day as follows :
State of Iowa against McGinn , appellant ,
Marion .district , reversed.
State of Iowa against John Hartford and
Harl Haskinson , appellants , Monroe district ,
affirmed. " ,
State of lojivayagalnst Mary H. Alken , ap
pellant , Foweshfek district , reversed.
State of Iowa .against Gustar Hanan , ap
pellant , Lyon district , reversed.
State of Iowa against D. Doss , appellant ,
Clarke district , affirmed.
STIIAMiK CASH OF .lilt. DK
Former Twentieth KniiMfiN llncn -
niit'N Slilc of KiiplrnHiiiit Afl'iilr.
ST. JOSEPH , Mo. , Dec. 12. ( Special. )
Lieutenant John J. Deeming , against whom
a serious charge Is made by Miss Tena
Leonard of Council Bluffs , is still held a
prisoner here. Habeas corpus proceedings
were Instituted In the probate court to se
cure his release , but were dismissed by
Judge Thomas on the ground that he had
no Jurisdiction. An effort will now be made
to secure his release on a writ In the cir
cuit c urt.
Deeming returned from the Philippines
with the Twentieth Kansas regiment , in
which ho was a second lieutenant. Ho
had known the Council Bluffe young woman
before ho removed with his parents to To-
pHta and went Into the army. Ho denies
that ho over promised to marry Miss Leon
ard. Soon after Deeming departed for the
Philippines with his regiment he says the
girl wrote to his parents , who now llvo
here , and Informed them that she had been
spcrctlv married to him at Council Bluffs.
The parents of Deeming believed her and
accepted her as a daughter-in-law until
they heard from their son. Ho wrote to
his parents that he had never thought of
marrying her.
Miss Leonard still Insisted that they wore
married , however , and during his absence
vlelted his parents here. Deeming says ho
now has the letters In which she told his
father imd mother that she was the wife of
their son. When . young man returned
from the Philippines the young woman came
to the city on a visit to the Deeming fam
ily and still asserted she was the wife of
the young man. On a previous visit to
his parents she was accompanied by her
mother. On the Oceanian of her lost visit
Deeming refused to remain In the same
Iiouso with her at night , but went to &
hotel while Bho was a guest at his hr.me.
The young woman returned to Council Bluffs
after n short visit and swore out the war
rant charging Deeming with having de
ceived her under a promise of marriage.
Iilltel Vorillct .tKiiliiHt CniiltiilUt.
'
LB.MAHS , la. , Dec. 12. ( Special. ) The
sealed verdict rendered Saturday In the
Zurawski-Relchman case was opened by
Judge Wnkefleld today and was found to
give the plaintiff $1,500 damages for libel.
This Is the pocontf trial , Judge Gaynor hav
ing sot aside a verdict of $3,000 n year ago
as excessive. The case has caused much
local Interest , as Zurawskl Is a prominent
banker and Rclchman a retired capitalist.
Imlliui Klllnl It- a Train.
BOONE , la. , Doc. 12. ( Special Tele
gram. ) An Indian from the Tama reserva
tion was struck by a Northwestern train
four miles east of Boone and Instantly killed.
He was walking on the track and seem
ingly did not hear the warning whistle.
Dri'llUN TliroiiBli Ice anil Drown * ,
PETERSON , la. , Dec. 12. ( Special Tele
gram. ) The 17-year-old son of AI Smith
broke through the Ice on the river and was
drowned. The body was recovered.
In IlcviMiun Order * ,
ATLANTIC , la. . Dee. 12. ( Special. )
Deputy Revenue Collector Klrkpatrlck , on
u
For Infants and Children ,
i'iio Kind You Have Always Bought
Bears the
Signature
i his recent visit here , ordered n good many
I changes In HIP manner of carrying out the
| revenue laws. Severn ! persons who liml been
accustomed In a small way to buy up county
warrants were Informed that they must pro
cure a broker's license. They were com
pelled to pay the $50 $ fee , though the busl-
nres they do amounts to comparatively lit
tle.
Mrs. l.ydlaVoolmnn , who lives at Man-
nlnt ? , Is 103 ycnrs old.
Sioux Center and adjoining country lins
ralspil nml pout to the Boers $700.
Two towns In Ktnmrt county have naked
to lie rmincd Luzon by the Postotllce de
partment.
Marshalltown 'has refunded { StJ.OOO worth'
of Its bonded Indebtedness at n lower nito
of Interest.
Hon. II. S. Wlnslow , one of the best
known attorneys In lown , died nt his homo
In Newton.
Dick Lyons , who is wanted In Johnson
county for luirglAry , has been arrested In
Chlcknsaw county.
The Dubuque Home for the Friendless Is
celebrating Its silver anniversary. The in
stitution lj > In n most flourishing condition ,
Hon. William McN'ett of Ottunuva Is the
latest candidate for the federal Judgcshli )
made vacant by the death of Judge Wool-
son.
son.John
John 11 Hoys has purchased the Interest
of his partner. J. O. Hi-nver. In the At
lantic Mnpsi'tiror and will conduct the paper
on his own account.
The old packing house nt Keokuk has
been purchased by several citizens at that
place , who will hold It until someone can
be secured to operate It.
The cocaine habit , according to police
reports , hna become so universal among
the lower class of the colored population of
Keokuk that the police tire making a de
termined effort to put a stop to It.
A man named Bernard Dnhicn , who Is
wanted at Cedar Rapids for defrauding the
Knights of Pythias Independent Order of
Odd Fellows and Klks out of various sums ,
Is under arrest In Shelby county , Illinois.
Ninety-two tax sale certificates were Is
sued by the treasurer of Clay county , aa a
result of the delinquent mile held last week.
Last year ICO were Issued. In Brenier
county sixteen tax sale certificates were
Issued , the largest being for $16.00 nnd the
smallest for To cenu.
The internal revenue ofllcers have been
going througli city and county records and
compelling those who are .buying fee claims
and city and < ounty warrants to take out a
government brokerage license. As the II-
. onse fee Is $50 It strikes those Who operate
n a small way pretty hard.
The farmers of Muscatlno island , who
ralp\ ( sweet potatoes , melons , garden trtick
and other tender stuff , have made arrunge-
nents with the Davenport weather oflice
to receive the warnings nnd forecasts by
telephone. Two high staffs will be placed
it convenient points easy of observation by
ill the fanners and on these will be dls-
ilayed the proper flags. In accordance with
idviees from the Davenport weather man.
J'he weather Is an important consideration
to these farmers , In the spring nnd fall
mrtlculnrly.
The choicest line of perfumes , In bottle
goods , for the Christmas trade , ever brought
o Council Bluffs can be found at Dell G.
Morgan's drug store , 112 Broadway.
Howell's Anti-"Kawt" cures coughs , colds.
HAUL SPANISH FLAG DOWN
Governor General Dnvln IMNIION an
Order Rovcrnlnif DlNplny of KliiKi
In I'orto It Ico.
SAN JUAN , Porto Rico , Dec. 12. Gov
ernor General Davis has issued an order
governing the display of flags In Porto Rico.
The Spanish flag is not to be allowed en
public buildings. Of late it has been custo
mary for the municipal officials In the in
terior to display the Spanish and American
flag together on the public buildings.
The republicans have carried Ponce by
1,700 majority. Elections were held In sev
enteen towns. Republicans hold twelve ,
with 1,200 total majority. Eighty-five elec
tions are as yet unordered. It will take two
months to complete the elections at the
present rate. The republicans claim San
Juan by a tremendous majority and assert
that there has been a complete overwhelm
ing defeat.
Troubled for years. Sere All Over.
Could not use them. Spread over
Arms , Neck , and Knee. Smarted
Lllio Fire. Physicians no Benefit.
Tried OUTIOUKA. Immediate
Belief. Permanent Cure.
I had boon tronblcc with tetter for several
ytari , AttlmcaraylminJiwoulil lioforcillovcr ,
cb that 1 could not line them nt all , nnd v.-cro BO
tender that clear water , even , smnrteti like fire ,
and It ipread over nrmn , ucck , urid face. I had
been treated by physicians , but without beueflt ,
whan I bfgan the CUTICUIIA remcdiea.bund .
retlf/bf/ore I Itait takrn the frit lo'.llt. I uoed
thro * or four bottles of CUTICUHA lizsoi/rrnT ,
one cake of CUTICUIIA SOAP , nnd one box of
CuTicinu ( ointment ) , and It bus tcvcr troubled
mo since. ELLA CUItZON ,
March 10,1898. EppingUara , III.
By Cutlciirn Resolvent
Ono of my children ran n rusty nr.ll Into his
foot , which was mo t painful. Uin Ulooa got
out of order , nnd eorc broke out on hln litcdn
and feet. I gave lilm one bottle of CtiTicunA
RESOLVENT nnd nncd one cake of CUTICUJIA
SOAP , principally o ealvd , and the clilM ro-
eovercd. Mas. J. S.FUUEN ,
March 15 , 1893. _ ilnrkham , Fin.
CUTICURA RESOLVENT
Begins with the Blood and Ends with
The Skin and Scalp.
That Is to say. It purlflcs the blooil nml circu
lating fluids 01 llouoii IJEiixs , and thus removes
tUocause , whllo warm baths nuiiC UTICUIU So * p ,
snd Kcr.tlo aiiolnlliiRB with CCTICORA ( ointment ) , ,
greatest of emollient skin cures , cleauBo tuotkln
and scalp of crusts unil BCaU-s , allay lIchlnK. burn
ing , nml Inflammation , seethe and lii-al. Tlnuaro
speedily , permanently , am ) economically cured
tha niont torturlnx , rtlsflKurlnR Uuiucri of the
skin , ecalp , and blooil , with loejof nitr , when tins
best physicians and all other remedies Ui' . .
Bold throughout the trnrM I'oiTttt I ) . XD C. . ,
Bole riopi.uoi'.on. " How to Cure tvcry Jluraor"frc .
OftllC UnilD OIMM Ilandinnd Ilnlrb/ tiling
SAVE YUlm OKIN COTIOBIU 6o r.
JDHNG.WOODWARD8cCO
WHOLESALE DISTRIBUTERS I
COUNCIL BLUFFS.IOWAH *
r
Remedy Thai qickiy
Gheeks With the Slow of
To Show You How Surely This is Done When The
Proper Remedy is Taken We Send Free
A Trial Package to All.
Weaker , paler , thinner day by day , no ap
petite or strength , no desire for work or
recreation , ncnous , pcevlr.'i , .sleepless , sick
of heart and sore of llmo these are the
conditions of countless numbers of half
sick men and women anxiously awaiting
some message of hope and cheer.
There Is no excuse for most people being
sick. There's medicine Hint will cure
them. A medicine that goes right to the
rootof the cuus-X'S of nearly all sickness
The name of this good medicine is Dr.
Dix Tonic Tablets. They put vitality Into
weak bodies makes n.enplp strong , quids
the nerves , restores ambition , drives heaii-
iciie away , gives you an appetite , sweetens
the stomach and breath , nnd forever re
moves the thousand and one distressing
ills.
ills.Doiv
Doiv this ceem Impossible ? If you stop
and consider that nearly every disease , nn
matter what the. name by which It in
called , conies from the kidneys , Impure
blood and disordered liver , It will be plain
to you.
Dr. Dix Tonic Tablet"- , first of all , nld the
kidneys. Next they purify the blood , get
ting Into every biff and little vein In the
Dody , driving all Impurities out of the sys
tem. Finally they regulate the liver per
fectly , making it perform all its functions
exactly ns nnture Intended. In doing these
three things , It removes the cnuse of nearly
all the ills of men and women.
Wm. E. Palmer , .Mltchelvllle , la. , writes :
My stomach and kidneys were In very bad
condition and your tablets relieved mo in
a short time , before taking half a box.
S. H. Taylor of Oak Park , Sacremento ,
Cal. , and n soldier In the U. S. army , cx-
pro sos his appreciation of Dr. Dix Tonlo
Tablets as follows : I am very much
plonsed with your tablets ; they are the
best 1 have over thkcn ; enclpsud find J2.00
for four more boxes. Mrs.VrIulit. . M21
Lnncorman avi\ , lies Mollies.14. . , sends for
a box and says t'.heard of your tablets
from a medical friend who praised them as
tln > best of kidney remedies. Mrs. M. I.
Malleus , M2 W. Main St. , Ottumwn , la. ,
writes : Your tablets did mo a great
amount of good , for which I am very
thankful.
If you arc suffering from excesses of any
kind overwork , Intemperance , etc. If you
arc tlrod nnd don't know what In the world
nils you If you are dizzy , 'Wc'ilkmul food
lies bndly In the stpmnch If you beldi , feel
nervous , have hot. liml , i-old i-pells alter
nately your lifo Is "In danger , but Dr. Dix
Tonic Tablets will quickly- put you uii your
foci again. No difference what you think
your disease may be jio dlfTercncc what
the doctors call It , this medicine Is what
you need. Ten minutes -after you take
the first tnblet you'll'feel better. Dr. Dix
Tonic Tablets are for sale by all druggists
at 00 cents a box. But'wo want to Intro
duce , them to every rentier of this paper ,
many of whom need such a rqmedy. For a
limited time the proprietor.1 , Unvcs , .t
Coon , lOfi Hull building , Detroit-'Mich. , will
send a trial package frte.'by mall , to all
who will send their name and address
( enough to convince the'most skeptical of
their great merit ) .
Send at once and be well nnd happy'again.
Tell your friends and'neighbors''about ' this
most liberal offer. . '
Grand Prize Competition for
Diamond "C" Soap.
FIRST PRIZE , S25.OO CASH
SECOND PRIZE. $15/00 CASH
THIRD PRIZE , SIO.OO CASH
Fourth and Fifth Prizes will be awarded as belcw.
The Cudahy Fucking Co. . South Omaha , offer ; * the. above prizes to the
persons In Omaha , South Omaha or Council UlufTs collectliiR. ' nnd turning
In to them the largest number of Diamond c Soap Wrappers between now and
January 31st , 1900 , under the conditions as stated below. Prizes will be
awarded Saturday , February 3 , 1DOO. The contest Is open to any one residing ' < ?
In Omaha , South Omaha or Council Ulyft . We offer three cash ' prizes , ns 1
a'bove ' , also a fourth prize of choice of any article on our 1900 premium list , *
and a fifth prlzo of any article on our 1900 premium list that Is given for 000 .
Diamond f Soap Wrappers or less.
CondK.ons : Contestants will be entitled to credit for all wrappers which
they turn In to our Premium Department , either personally or through the
mall. All such wrappers will apply against any premium shown on our 190J
premium list In addition to rounliiiK In the contest , .so that contestants may
solicit their friends to turn in'their wrappers through them , thus Hpcurlng Y
for them their resulnr premium and havns ! thn wrappers counted In .foivor of A
the contestant. Wrnppcrs may bo turned In from day to day or nil at one
time , as desired. Contestants may 'turn ' In wrappers and order premiums
sent to other parties or to other places outside of the. three cities mentioned If
tluijso desire. All premiums are t'ellverp.rt by us to unj- express olllce In
t/he / United Stnton free of charge. Prizes will 'be ' nwnrvlisl nccordlng to the'
number of wrappers sent in. the first prlzo being awarded to the one sendlnc
In the largest number o.f wrappers , and so on until nil the prizes nre awarded.
A supply of our 1900 premium list will bs furnished free of charge to contest
ants for distribution among their friends. Those entering the contest tthould
ndvlso us to that effect nt once and have themselves regulnrly enrolled ns
conttstnntp.
Address nil communications nnd send wrapper * to Premium Deportment.
The Cudahy Pnckln * Co. , South Omnhn , Neb.
Invest Your Safe.
Buy a first mortsa e netting vo-i 5 p.'jr cent intermit
Buy a farm in Iowa or Nebraska.
Purchase city property in Omalui or Council Bluffs.
j\ \
D . JC 0 JTJ. Jk\Z CD , Council Bin ff ' ?
have the ahovj investments for sale. Call on or write them
ESTABLISHED 1881.
Orffln ! l and Only Genuine. Tell.
, , s .
CPC ! ; lelUMl LDitto ttk
[ r C'AlfA ir ( * JtayJ
. lo Ifed 1 fU < The See S
. ' ! * ! wim tin * rlUott TLe
tfcrr < fir/u tltngtrcvt tulititu * Want Ads o
a * < t tmttaticnt At Drvccliti , # r oft 4 * .
rnf-i far ptrtlcuUri , u U oaUU i 4
lltf for r.iKlltVi'tJfffc'r. . t > ; retani Produce Results.
.
H U. 10.000 TotiaobUU rM / ,
