THE OMAHA DAILY BEE : THURSDAY , JANUARY 4. 1000 ,
HOLDS THE COMPANY LIABLE
Dtoition in Tett Quo Concerning Fees Paid
to Eugene Moore ,
APPLIES TOU. . INSURANCE COMPANIES
- rnontit liivnHrd li Twenty-Three
Tlinnnnnil Dollnr * Another llrnr-
IlilC lAnUeil 1'or In Rprmnn
Snvlnuri Hank < 'n r.
LINCOLN. Jan. 3. ( Special. ) An opin
ion waa handed down In the nupreme court
today by Chief Justice Harrlpon , holding
the Homo Insurance company of New York
liable to the state for fees paid to Kugelie
Moore while auditor. This was a trial case
to establish the liability of other Insurance
companies that paid fees to Moore. The
opinion holds all liable , the amount in
volved being approximately $23.000. Following -
lowing Is the syllabus of the opinion , wrlt-
trn by Judge Harrison :
It U provided In the constitution of 117r >
thnt nil "fres that m y hereafter be pay
able hy law for servlcen performed by nn
olllcrr provided for In thin article of the
< onctltutlon shall br paid In advance Into
thr Mute trenpury. "
Thl to modified section 33 , chapter xllil ,
foinpllPrt Stiituti' . " , Oenerul Statutes 1S7.1 ,
dmptrr sxxill. section 32. In relation to
StfKo bf paid by Insurance eompanlea to
the state auditor for services to bo per
forms ! by him as to In effect prohibit the
payment of thn foes to him or their recep-
t on by him
The InrurHncn company applied to thr >
1hrn atnte auditor to perform for It certain
Fervlcrs In the Issuance of certificates of
authoilty to transact business In the Btato
nnd somn nlher mattnrs of the rpqulre-
mrnts of tbo law In tegard to such com
panies nd paid the fep to the auditor , and
did not pay them and has not paid them
Into the treasury. The payment to tbr
auditor was wholly unauthorised and did
not bind the .ttntr nor did the money thus
paid Into the auditor's oHice belong to the
state.
Tbn snrvlcrs having been obtained nnd
" 'he ' fees not paid the company became lia
ble to tlie utato auditor and such liability
can he enforced hv pull.
A company which ban obtained the per
formance of the services by the auditor In
the iHcuunro of certificates of authority to
do l > uslneKIn the Hlate : nlno bis attention
to other tlilncH for which they mutt apply
to or mil upon him , nnd ban usrd nnd
employe- ! the resiilt and bcnetlt" of snld
ninttfrs , will not he beard to urge against
the recovery hy the slate of fees for such
services < rhch ! luvp not been paid Into the
state treasury ; thut tbo certificates and
documents tefl-rd to II by the nudltor were
void for the reiiKon thnt the fees had not
been paid In ailvnnre and where recjulrcd
hy the constitution.
'Hie for * were paid to Kugene Moore , then
state auditor. He could and did not act
n Hrprtt for tbe state In the reception of
the fees. It was an act which was dls-
t""ntonnnoed or forbidden by the constitu
tion.
tion.A
A state can only act through its officers
and they only in matters assigned to them
l > y law or In and about which they are
authorized nnd empowered hy law to per
form.
Another Henrlncr AnUril Kor.
The supreme court has been asked to
grant another hearing of the case of the
Slate of Nebraska against the German Sav
ings Bank of Omaha , n case Involving the
right of the receiver to dispose of real es
tate belonging to the bank , on nn order of
the court. Joel W. West of Omaha , who
filed the motion for n rehearing , represents
the stockholders of the bank who are fight
ing the Hale , and he claims that they ro
being deprived of their property without
duo proceffl of law and without having their
day In court.
The decree of the district court that Is
appealed from .was . entered upon an order
for thp stockholders to show cause why
tbo real estate fihould not bo sold. Mr.
West contends that the cede of civil pro
cedure says this has no place In the laws
of Nebraska , because It affords no adequate
protection of property and property rights.
In his brief he gives voice to the follow
ing :
"Upon a correct solution of the question
depends the safety of life , liberty and prop
erty In this state. No motive of expediency
ought for a moment stand in the way of a
correct enunciation of the law as the con
stitution of the state of Nebraska and of
the United States guarantees It. "
Severn ! of the Insurance companies have
previously announced their Intention of
abiding by the decision In the test case , and
It Is thought that there will be no fur
ther litigation concerning their liability.
The suit Involving the decision of Knox
county , growing out of the election of 18S ! ) ,
was argued and submitted to the court to
day. Judges Sullivan and Norval will hand
down opinions at adjournment tomorrow.
Chief Justice Harrison relinquished his
seat on the bench thin afternoon nnd Judge-
Klect Holcomb will be sworn In tomorrow
morning.
Pnrntrr Will Do Nodilnc.
It was learned at the state house today
that the statement given out yesterday by
Governor Poyntrr with respect to his posi
tion on the question of appointing a new
police commission for Omaha refers only to
petitions nnd Indorsements In favor of the
governor's interference , when ns a fact the
pressure brought upon him has been as
much the other way. Even among the
populists nnd democrata of Douglas county
opinion has been divided almost equally as
to the advisability of the governor appoint
ing a now board. Two well known demo
cratic politicians came down from Omaha
yesterday to present objectloim to gubr-
natorlal action and bad petitions with thorn
Blgned by over 2.COO rotors. These peti
tions , so It Is ( stated , contained the signa
tures. Irrespective of politics , of a largo
number of bankers , business men , clerks ,
professional men nnd wage-workers , as
well as all the brewers and saloon keepers.
The governor Interrupted his callers by
Iclllnc them that ho had already made up
his mind not to do anything , and that It
would bo unnecessary for thorn to present
their petition * ! , nnd so the petitions con
taining 2,500 names of pcoplo expressing
thrmsclvre ns satisfied with the doctrine of
homo rule as promulgated by the supreme
court , wcro taken back Instead of being
left here.
Stnt - HoiiNe Xntcn.
Leon C. Crandall of this city was today
appointed to the position of bond clerk In
the auditor's office , to succeed F. L. Ar-
cherd , who died n month ago. Mr. Crandall
was an employe of the Inturanco commis
sion under Governor j'oynter.
St. I conard'a Catholic Church society ol
Madison , filed articles of Incorporation wltli
the secretary of state today. The Kveretl
Economic Metallic Packing company ol
Lyon Incorporated with a capital stock ol
J100.000. The Incorporators are Franklin ami
William Everett. The C. K. Lawson com-
p.iny of Hastings Incorporated to do a gen
eral hardware bimlnrtu , with a capital stock
of J10.000.
The Farmer * ' State bank of Loomls was
chartered today by Secretary Hall of tht
banking department. Its capital stock Is
J5.000.
Orders were Issued from the adjutant
general's office today discharging Privates
Hiram Lott and Charles White of Companj
U. Second regiment , without honor , the
cause being non-attendance at drills. Ser
geant Lester Clillilera and Private Hey K
Woods of the same company were discharged
on their own application and Privates Fr
THERE ( S A CLASS OF PEOPLE
Who are Injured by the usa of coffee. Ha-
rontly there linn been placed In all tli <
erocory utoren a row | irtpar tlnn cr.lled
OHA1N-O , roldo of purp grains , that takei
the place of coltre. The most delicate
Btomach receives It without < ll tr s , and
but ttvf otn Ull U from coffee It due :
t oqit over H as much. Children may
drJnk It with great U fielt. ( ItoU. and 3
*
Berger and Lewis Osborne. aloi of Company
Ii. were relieved from duty because of nnn-
residence.
Sergeant lUrry Hall of York bus been
Authorized to recruit Comyany A of that
place for service In the new First refit
ment.
George Lyon of Company It of the Flrfit
regiment has reported to Adjutant General
Harry that his company hag reorganized and
Is ready for muster In the National guard.
The Ststo Hoard of Purchase and Sup
plies concluded a two days' session this
afternoon , buying enough supplies for the
various state Institutions for the first quar
ter of tne year.
l.lneoln l.oenl Vote * .
Injunction proceedings have been com
menced In the district court to prevent It.
II. Langford of North Platte from compiling
the copy for the senate and house Journals.
He was awarded the contract for this work
by the State Printing Board last week. The
suit Is brought by J. II. Miller of this Pity ,
who alleges that the bidding was not accord
ing to law and that no legal notice was
given by the board. He a scrts that the law
require * advertisements for bids to be pub
lished In at least three newspapers. When
the printing board voted to let the contract
Auditor Cornell protested on the ground
that the legislature alone , and not the printIng -
Ing board , had authority to have the copy
prepared.
A Lincoln circle of the Economic League
was organized last night and the following
ofilccr.i were elected : President , Henry H.
Lewis ; vice president , J. II. Strode ; secre
tary , W. IX. Jackson ; treasurer , A. J. Cor
nish. The pxecutlve committee comprlscn
W. F. Porter , A. J. Cornish and O. J. Hess.
The entertainment committee Is made up of
George \V. Ilerge , T. J. Doylennd It. I ) .
Stearnu. The lenders of the various sub
jects are : "Political Economy , " W. (1. (
Langworthy Taylor ; "Political Science , "
Fred Shepherd ; "Sociology , " Hev. F. S.
Stein.
Deputy City Attorney Maule has been
given power of attorney to act for the city
In the absence of City Attorney Webster ,
who Is now In Washington. Soon after Mr.
Webster went Into office an ordinance was
passed by the city council lowering the
salary of the city attorney to $100 per
month , to take effect at the expiration of
bin term. Had Mr. Webster resigned , his
successor would have received only $100 per
month. By the arrangement that has been
made Mr. Maulo will receive the usual 'al
ary until a successor Is elected In the spring.
The second semester of the State univer
sity opened today , after a vacation of ton
days.
The Lincoln Public Library Board has
not yet found a site for the Carnegie li
brary building. Several lota have been of
fered the board , but they are all so far from
the center of the city that none of them
have been accepted. It Is probable that a
1 public subscription will be started to ralsn
a fund for purchasing a suitable building
site in the downtown district.
MO.VUMEVr APTKIl MANY YKAIIS.
ActrrNft fo IMuoe n Shnft oil Her Mur
dered l < * ntuer' Ornvo.
FREMONT , Neb. . Jan. 3. ( Special. ) Miss
Murtha , an actress of the "Trip to China
town" company , was In the city yesterday
'with the players of that troupe. She or
dered a monument erected on her father's
gravo. Christian Murtha's death hero twen
ty-three years ago was a mynterlous affair ,
lie was run over by a train on the Union
Pacific and terribly mangled. He lived
nearly a day and to the last Insisted that
hn was thrown under the train by a brakeman -
man , but could not accurately describe his
aKfallant , whoso name he did not know.
Neither would ho tell tbe reason for the
assault.
Dor Accidentally Shot.
COLUMBUS. Neb. , Jan. 3. ( Special. )
James , the 12-year-old eon of County At
torney William O'Brien , was accidentally
shot and dangerously wounded by a com
panion last cvenlns. The .ball from a 22-
callber revolver entered Just under the right
eye and lodged in the back part of the head.
It ! B said the boys were playing "hold up"
and the weapon was accidentally discharged.
The wounded boy was taken to Omaha this
morning for treatment.
Str.Sloii Aaciit In Trouble.
PLATTSMOUTII , Neb. , Jan. 3. ( Special
Telegram. ) Miss Llllle Parker and her
father , Charles Parker , were In the city to
day and filed a complaint against Louis
Kahpnstock , the Missouri Pacific agent at
Avoca , charging him with criminal assaula
upon the person of Miss Parker December
23. Attorney J. L. Root Issued the papers
to be fllod with Justice J. Kennedy In Union ,
where the preliminary trial will be held to
morrow.
w HnntliiK" Col I cue I'rmldeu t.
HASTINGS , Neb. , Jan. 3. ( Special Tolc-
gram. ) The Board of Trustee * ) of Hastings
collcgo met this afternoon and accepted the
resignation of Rev. Salem 0. Pattlson as
president. Prof. F. N. Fllson was selected
from the faculty to act as president for
i thn remainder of this year. Mr. Pattlson
I departs next week for Chicago , whore he
will Immediately enter upon the duties of
Ms new position there.
Dr. Whnrtoii TnlUn nt Teonnmeli.
TECUMSKH , Neb. , Jan. 3. ( Special. )
Last evening at the Methodist Episcopal
church the third lecture of the course by
the Epworth league was delivered by Ilov.
Dr. Wharton , pastor of St. Paul's church ,
Lincoln. Ills subject was "The Birth of
the New Century. " A large audience was
present.
TUnswrtliIfrnlpr llrlil for Trlnl.
DAVID CITY. Nob. . Jan. 3. ( Special. )
Laughlln , the magnetic healer , who was ar
rested for practicing without a permit from
the State Board of Health , had his prelimi
nary hearing In the county court and was
bound over to the next term of the district
court. He save a bond for his appearance.
To Arri'nt nn ICi-.liiNtlec.
HASTINGS. Neb. . Jan. 3. ( Special Tele
gram. ) Sheriff Simmering left today for
Kansas with n warrant for J. W. Howard ,
charged with obtaining money under false
pretontK's. Howard was formerly a Justice
of the peace hero and conducted a collection
agency.
Celeliriite - Iliillronil'N Knlrniiee ,
SIDNEY. Noh. . Jan. 3. ( Special Tele
gram. ) At Ilayard , fifty miles north of here ,
boiiflroH and fireworks are being used to
celebrate the arrival of the II. & M. rail
road nt that point at H o'clock this evening.
The news reached here over the telephone
wire ,
Di-pill ) CoullI.v Cirrlc Aillol lllcd.
SIDNEY. Neb. . Jan. 3. ( Special Tele-
gram. ) Miss Sarah J. Kelly , formerly of
Omaha , hen accepted the deputy clerkship
under County Clerk-elect James Burns and
both will be Inducted Into office tomorrow.
The appointment gives general satisfaction.
Vi-iv I n Ion I'm-1 fir Depot ,
] DAVID CITV. Neb. . Jan. 3. ( Special. )
I A new Union Pacific depot , which promises
{ to bo a neat and commoJIous structure. Is
' now being built on Fifth street and will be
completed about February 1.
IIurulnrN to Crlpliriilit XCMV Ynr' .
WINSIDE , Nob. . Jan. 3.-Speclal. ( ) Bur
glars bored a hole In the back door of n.
H. Glaser's saloon and slipped the bolt.
They carried off a quantity of cigars and a
grip and a basket of bottled goods.
i KlUliorn Vallry Poultry Show ,
'
MADISON. Neb. . Jan. 3. ( Special. ) The
second annual show of the Elkhorn Valley
Poultry apd Pot Stock association will be
held at Grand Army ball January 23 , 24
an.l . " . nlh ! L P Harris ns Judge Madi
son county bas a largo number of enthusi
astic fancier ami the society Is in good
financial condition.
llnr Ai'nrlntloii Heineinlirr llnntaoy.
'
PLATTSMOtlTH , Neb. , Jan. 3. ( Special. )
This afternoon the Cans County Bar as
sociation , through lt president , R. II. Wind-
ham , presented Judge B. S. Ramsey -with a
silver pitcher , tray and cup.
llevlvnl MprtliiB * nt Cnltintlm * .
COLUMBUS. Neb. , Jan. 3. ( Special. )
Rev. Cannon of Lincoln Is holding a series
of revival meetings at the United Brethren
church. The meetings are largely attended.
Ion Twelve Inr-he * Thick.
WEST POINT. Neb. . Jan. 3 ( Special.1
Ice Is twelve IncliM thick here nnd the local
Ice dealers and the creamery and brewery
companies are putting up large quantities.
WANT THE ROSEBUD LANDS
t.roKnrr County \VonM llnv % Jnrl-
dlclloit Otrr r.lulil .More Town-
NliliJ * Within It * l.llnll-i ,
CHAMBERLAIN , S. I ) . , Jan. 3. ( Special. )
Gregory county people have undertaken to
secure the rellnqulBhment by the Rose
bud Indians of that portion of the Rose
bud reservation lying within Gregory
county. The territory comprises about
eight townships and the land Is said to beef
of especial value. Many of the Indians
have already been questioned nnd all ap
pear to bo willing to cede the land If a
reasonable prleo Is agreed upon. Represent
ative Gamble has Introduced u bill In con
gress providing that the secretary of the
Interior be authorized to appoint n , com
mission to treat with the Rosebud Indians
for thu land and many northwestern con
gressmen have signified their willingness
to aid the bill. If the tnovtimonl succeeds
Gregory county will soon become ono of
the wealthiest In the state.
.Vt'n AS TO MVI.UM.AVS ACJE.
MOITM III In-1 ll nil Sny ! ! AVnn
rs Ycnm oiii.
SIOUX FALLS. S. I ) . , Jan. 3. ( Special
Telegram. ) Testimony was takm today In
behalf cf the claimants living In Ireland ,
who nllcgo they are nieces of the late John
Meridian. Practically all the evidence
offered today was In reference to McClel-
lan's age. an important point In the contro
versy. The Irish claimants seek to show
that the deceased was 78 years of age nt the
tlmo of his death , Instead of fiK. as asserted
by the American nnd Canadian claimants.
The purpose Is to show that the McClellan
killed here Is not the same XlcClcllan whom
the Canadian and American believed to be
their brother. The nieces are also attempt
ing to prove that the Inscription Iti the fam
ily blhlo offered by the opposing claimants
Is not In the handwriting of John McClellan.
Interest In the outcome Is keen and there
Is no doubt the decision of Comity Judge
Wllkcs when rendered at the conclusion of
the hearing will not be accepted as final.
Petition for Huron Mull Curriers.
HURON. S. O. , Jan. 3. ( Special. ) Since
recolpt of Information that A. T. Bucll nnd
William H. Newcomer , letter carriers here ,
were to bo displaced and their places filled
by persona who have passed the civil serv
ice examination , petitions , letters and mes
sages have been pouring Into the depart
ment at Washington asking that the order
be revoked. Congressman Burke has suc
ceeded In getting a stay of proceedings until
February 1. Buell and Newcomer wore car
riers hero before the free delivery system
was abandoned , four years ago , because of
a falling off in the receipts of the office ,
and for four years the citizens continued the
sjstcm by paying the salaries of both
carriers , hoping that when the receipts of
the ofllco Justified the re-establishment of
the free delivery system the men would be
reinstated to their former positions.
WyomliiK lllin-rnl Output SiirprlHlut ; .
CHEYENNE , Wyo. , Jan. 3. ( Special. )
People wore generally surprised when they
read of Wyoming's mineral output for the
year ISflfl. Those who are familiar with
business conditions In the state knew that
the coal output would amount to something
like $1,000,000 , but few had any Idea that
the production of gold In the state would
reach over $1,000.000 during the year. The
figures as published , however , arc believed
to bo low. There are thousands of dollars
worth of the yellow metal washed out among
the placers along almost every crock In the
state.
Well-to-no Fn nil or IJlHn ! > : > enrK.
SIOUX FALLS. S. D. . Jan. 3. ( Special. )
There I ? uneasiness over the disappearance
of John nundy , a well-to-do farmer of Wel
lington township. Mlnnehaha county. He
is a veteran of the Civil war and when he
disappeared last Wednesday he had In his
possession his pension vouchers , upon which
ho expected to secure payment as soon as
ho reached Sioux Falls. He was driving to
Hartford , presumably for the purpose of
taking a train for Sioux Falls.
SII > N Trlpp IN After SeiintorMiln.
PIERRE. S. D. , Jan. 3. ( Special Tele
gram. ) The correspondent of the Sioux
Falls Press will say In his letter this week
that the Dakota lecture tour of Bartlett
Trlpp Is only an ante-cloctlon campaign nnd
that Trlpp Is playing himself In shape to be
supported by republicans for United States
senator if the fiifilonlsts should not have n
majority In the legislature.
It rak i-in n n Hurt.
RAWL1NS , Wyo. . Jan. 3. ( Special Tele
gram. ) John Doran , n Union Pacific brake-
inan of Laramlc , was seriously Injured by
being blown from a car while crossing Simp-
sen hill tonight. The roof of the car was
also blown off by the florco gale. Doran was
brought hero fcr medical attendance.
Tv o Ap'MiliitmiMitN hy ! , < < .
PIERRE. S. D. . Jan. 2. ( Special. )
Governor Leo has appointed D. F. Jones of
Watertown as a member of the State Board
of Pharmacy , vice N. J. Hlesser , Mllbank ,
who has resigned , and has named Patrick
T. Flnucaro ns fish and game warden for
Buffalo county.
To llrniirn IllHtlliifc for Illlnil.
SIOUX FALLS , S. D. , Jan. 3. ( Special. )
The Stain Dcurd of Charities and Correc
tions ha decided to open the Gary school
for the blind , provided for by the last legls-
laturo , on March 1. The board bas ni'lected
Miss Dora Donald for superintendent.
Cully Mold * ' . 'ourl for ( iiiiipholl.
ABERDEEN. S. D. , Jan. 2. ( Special. )
Judge Campbell , who has been 111 for ? cv-
oral days , Is nuw somewhat Improved. Judge
Galty will preside for him during the term
of court In Marshall county , which opened
at Brltton today.
South Di'liota I'rnlt ( iriMvcrH ,
SIOUX FALLS , S. D. , Jan. 3. ( Special. )
The el venth , annual meeting of the South
Dakota State Horticultural society Is to
bo held at Parker , January 10 , 17 nnd IS.
The subject of the first day will be "Small
Fruits. "
"I am Indebted to One Minute Cough Cure
i for my health and life. It cured mo d lung
i trouble following grippe. " Thousands owe
' their lives to the prompt action cf thM never
falling remedy. It cures cough ? , colds ,
croup , bronchitis , pneumonia , grippe and
throat and lung troubles. Its early use pre
vents consumption. It Is the only harmless
remedy that gives immediate relief.
I'll u-/ % filer I run l"liiiinee ,
Hl'FFALO , N. V , Jan. 3.-Tlie treasurer
of the Pun-A merles n Exposition committee
hag just submitted the following report of
thn financial Ktand'nt ; of the company to
date : HoceKed from cubn-rlucrn. JiiStiMl ;
In vrtu from banks. $2731. photogrniihlr
< on < osxlunc. J'-'A-VJ total { c l C3'i
imnu , (27- ) , : 13 , bulan. un hand.
TOD PARDONS FORTY MEN
Governor General Issuss Order Giving free
dom to Santa Olara Prisoners.
GENERAL MASO SEES FREEDOM IN SIGHT
nf MoKlnlry nnd Conduct
nf On * eminent Convlnrr Him
of Aluoluto Sincerity nt
Inltnl Stntrn ,
HAVANA , Jan. 3. Today General Wood
lusued an Important order giving freiilom
to forty men In the province of Santn Clara , j
Some of them had been detained without
trial and others were suffering excessive
punishment. '
All had been released ten months before
by nn order l. stioxl by General Bates , but
they were immediately roarrcstnl by orders
from division headquarters , on the ground
that n dopartmcnt commander did not have
the power 1o pardon.
After looking carefully Into the cases
General Wood decided that the. Judgment
I of General Bates regarding their release was
! wUo nnd consequently today's order setting -
| ting them nt liberty was promulgated.
I Reports from other departments arc dally
expected nnd It Is believed that before the
end of thn month a largo number will have
been released , cspoclally In the province
of Havana. The cases of these who have
been held for n long tlmo In detention with
out trial will bo the first to bo Investi
gated.
The council of notables , as General Wood's
convention of rr/prcscntatlvo Cubans Is
called , held a morning freslon today , at
which General Wood was present , and then
dissolved , many of the members having
to catch tomorrow's boat for the eastern
provinces.
General Maso who hopes to return to
Havana In the near future , Mid that free
dom from all foreign control was now In
sight and that the assurances of President
McKlnlcy nnd the conduct of the govorn-
mcnt convinced him of the absolute sin
cerity of the United States.
I'nfiivoriihlp Yi'llow I'Vvor ' Itrpnrt.
The yellow fever report for 1890 shows
103 deaths In Havana , which means that
eighty-three persons have died of the dls-
ease since General Ludlow'n report was
Issued at the end of August last. During
the month of December there were seventy
new cases , of whom twenty-two died. On
January 1 of this year there were twcnty-
five cases under treatment. Today there
are seventeen. The cold weather will prob
ably diminish the number. This record docs
not compare favorably with the records
prior to the revolution , nlthough the san
itary authorities claim that the Increase of
mortality Is duo to the fact that an un
usually largo number of Spanish Immigrants
have arrived during the last few months.
The pcoplo of Sanctl Splrltus held a largo
public meeting today to express satisfaction
at the appointment of General Wood as gov
ernor of the Island and at his selection
of secretaries , all of whom are regarded as
capable of helping General Wood materi
ally In establishing a permanent govern
ment.
Bids for school furniture to the value of
$500,000 will soon bo Invited.
The Clcnfuegos Center of Veterans has
organized a committee to Inquire into the
circumstances of the death of Dlonncsslo
Gil , the former brigadier general In the
Cuban army , who was recently shot there
by the police whllo resisting arrest. The
veterans have aeked that the sanitary officer
with whom Gil quarreled bo dismissed.
SAXTIAfSO rOI.lTICl' ' S KXCITKI ) .
C"onfprenc < - Uftwccn AVooil nnd Culinn
Ijondor * I'rovcM ti Ifrliftiiuri' .
SANTIAGO. Cuba , Jan. 3. The news of
the conference at Havana between Governor
General Wood and the Cuban loaders. Includ
ing General Jose Mlro of this province , has
provoked considerable excitement here.
This ovtnlng the clubs and cafes arc
crowded with politicians discussing the sit
uation with more or less violence and de
claring their devotion to General Mlro.
The Americans and Europeans , especially
the Spaniards , express great satisfaction nt
the attitude taken by General Wood In favor
of restricting the franchise to intelligent
and responsible citizens and the wealthy
Cubans share in this belief.
Cuba Llbro publishcB a dispatch from
Havana summarizing General Wood's state
ments on this subject and announces that
It will deal with the matter editorially to
morrow.
The violent Cuban partisans say a crisis
Is Imminent , which will decide whether
Cuba Is to bo American or Cuban , but the
possibility of any serious trouble Is ridiculed
by the American officers nnd foreigners.
To Worlt for Cnlinii Ini.rppinlonci * .
TAMPA , Fla. , Jan. 3. A Cuban club. < 'E1
Naclonal , " has been organized here , with a
largo membership , to work for Cuban Inde
pendence. Its purpose Is said to be co
operation with Cuban leaders In Havana.
TO BE TEXAS FEVER I.YIMUNES .
One linndred Pure llreil CnlvrN tn He
Sent South UN nn Impertinent
hy StiicUiiifii.
KANSAS CITY , Mo. , Jon. 3. Recent suc
cessful experiments in the Inoculation of
calves and yearlings as a preventive
against Texas fever are to be followed by an
experiment oti a large scale. There will be
shipped from Kansas City to Beevlllo , Tox. ,
tomorrow 100 purebred Hereford and Short
horn calves , selected from the best herds of
the country.
The Texas Board of Agriculture has for
two years been preparing for the reception
of these animals , having net apart and fenced
off a ranch of 10,000 acres , en which not n
hcof has been allowed for two years , so that
It is wholly frcu from any germs of Texas
fever , owing to the action of the frostfi of
two winters.
On thin ranch the northern calves will bo
Inoculated with the poison of the fever ticks
In such a manner ns to bring en the disease
In a mild form and will then bo allowed to
run and become Immune to the Texas fever ,
after which they may be generally Intro
duced Into the herds of Texas. The ship
ping of high-priced northern Battle south of
the fever line has heretofore caused heavy
lostcs. as the nn iron Is have been particu
larly liable to the disease.
T. F. B. S-otham , president of the Na
tional Hereford Cattle Breeders' association ,
Is leadlirs In the present experiment nnd 100
Hereford and Shorthorn calves , to bo shipped
tomorrow , have been gathered from prize
herds In the state r.f Missouri , Kansas , Ne
braska , Iowa , Illinois and Indiana. The KO
calves are valued by Mr. Sotham at $30.000.
INDICTED GENERAL MISSING
I'll I IN to Appenr to I'lead tit M
tirnnil .liirv Indictment for
LANSING , Mich. , Jan. 3. Telegrams
were received tcdoy from Arthur F. Marsh ,
ex-adjutant general of Michigan and chair
man of the republican state central com
mittee , stating that bo was about to leave
Brockport , N. Y. , for Lansing to plead to
tbe Indictment found against him for hav
ing. as alleged , had a part In the notorious
military state clothing deal. Nothing has
been learned yut as to the whereabouts of
General While , the other Indicted man
Colonel Kly K Sutton of Detroit. 4 nicTi-
ber of Governor Plngrec's military staff tad
an IntlTiato both of the governor nnd of the
Indtcted generals , tc-stlPed lodav before the
grand Jury and exhibited hlc private bank
boc-ks as a proof of his Innocence of con
nection with the clothing desl.
H appears certain that the policy of the
controlling faction In the senate Is to dta-
rfgard Governor Ptngrre's messages urging
pasagn of new leglalatlon before ending
the present special session.
A joint resolution providing for submit
ting to a vote of the people the question of
municipal ownership of street railways , etc. .
was reported favorably In the house , today.
FILES PROTEST
( Continued from Flret l'age.1
when they learned that their deliverers wcro
Canadians and Australians the enthusiasm
became frenzied. Thole were deafening
cheers ns the troops traversed the main
street and It was almoot Impossible for them
to make progress , the crowds being ? o eager
to shake hands with the colonials.
It appears that the Landdrost and all the
mounted rebels evacuated the place on the
previous night. The unmounted rebels are
reported to bo entrenched In the vicinity.
Quantities of ammunition were captured and
destroyed.
A dispatch from Moddor river Intimates
that the Sunnyslde prisoners will not be
treated as prisoners of war. but ns British
< ubjocts caught In open rebellion.
At the Modder river camp the conduct of
the colonials Is greatly admired , nnd nil
nro delighted that they hare struck the first
blow on the western frontier since the battle
of Magersfonteln. It Is believed the relief
of Kuruman will quickly follow.
The latest advices from the Colesburg
district tend to modify the estimate of Gen
eral French's success. The predicted occupa
tion of Colesburg had not been accompll hcil
last evening , while the Boers' guns , an
nounced to have been silenced , wcro fjtlll
active. The War ofllco this afternoon Issued
n dispatch received from General French ,
under yesterday's date , saying his position
wan the name ns on the previous day , that
with small reinforcements he could dislodge
the Boers from Colesburg and In the mean
time he continued maneuvering.
General Duller continues his night bom
bardments nnd patrol surprises. As the
Tugela river Is again fonlablo and the
stretcher bearers have again been requlr.l-
tloned at Durban and Pletormarltzburg ,
there Is a disposition to believe that the
British advance will not bo long delayed.
It Is reported at Durban that the captured
German steamer Bundosrath had on board
five big guns , fifty tons of shells and ISO
trained artillerymen.
Nothing further has been heard from
Moltcno. which was reported from Sterk-
strocm to have been attacked by the Boers
this morning. So far as known hero there
Is only a small force there.
A dispatch from Stcrkstrocm announces
that Wanelef , the Boer commandant nt
Stcrkstrocm , has died of his wounds.
A special dispatch from Rensburg , dated
Tuesday , January 2 , says a supply train
without n. lojomotlvo was set In motion
within the British lines near Colesburg and
proceeded so near the Boer position that It
wan Impossible to recover It , nnd the British
guns tbereforo destroyed the trucks. It is
suspected that this was the act of a traitor.
The total British casualties about Coles-
burg in two days wcro six men killed and
twenty wounded.
It Is reported that the particular eervlce
squadron now at Gibraltar will be ordered
to South Africa as soon as the channel
equadron returns to Gibraltar. The par
ticular service squadron of cruisers Is said
to bo Just suited to watch Delagoa bay.
The supply train , says another dispatch
from Rensburg , ran Into a broken culvert
and wan wrecked. The Boers began looting
It and another Rcnsburg train was dis
patched to the scene In an effort to recover
the provisions. The Boers opened fire on the
troops and natives accompanying It , forcing
the second train to retreat after several of
the natives had been killed.
GET AMERICAN EQUIPMENT
Saddle * mill HrlillpN for KnurllNh
Cavnlry G'nitu * from the
I'nltPil Stntes.
ST. LOUIS. Jan. 3. The Globe-Democrat
today saya : St. Louis has been called upon
to equip a considerable part of the now
British cavalry contingent In South Africa.
The first" shipment of n consignment of
saddles and bridles for the newly recruited
rough rldere and yeomanry of her ma
jesty's service will leave St. Liu Is today
for New York , where It is to bs placed
on shipboard for South Africa not later
than the first of next week.
E. F. Hutchlngs , president of the Great
West Saddlery company , limited , of Winni
peg , Manitoba , who was In the city yester
day , .was awarded the contract by the Brit
ish government for furnishing the equip
ment for n large portion of the 10,000 new
cavalry troops called out after General
Bullcr's reverse nt the Tugela river. The
contract was n rush order , nnd , being un
able to fill It , Mr. Hutchlngs at once tele
graphed the three leading army saddle man
ufacturers of the United States , located at
St. Louis , Chicago and Cincinnati , for as
sistance.
On the basis of the replies received he
awarded Just half of the contract to the
St. Louis house , one-fourth to the Chicago
house and one-fourth to the Cincinnati
house.
The British government has adopted for
Its rough rider service In the Transvaal
the Unitud Slates cavalry ( McClelland )
saddle , pronounced 1 > y army men to be the
best saddle for scouting and rough rldlns
In the world. The English have also
adopted the United Stales cavalry bit ,
which has been proved by long experience
on the plains to be the best adapted for
long campaigns on horseback.
FRANCE WISHES TO BE FAIRe
\o Desire to Tnki > Advillltnue of
I j ll K I n n il 'H R in ha r rn it n in e n I
In TriiiiMvnnl.
PAHIS , Jan. 3. The opinion has been ex
pressed In official circles to a representative
of the Associated Press that the modus
vlvcndl between Great Britain nnd Franco
regarding Newfoundland would be extended
for another year. There seems to bo no
disposition upon the part of Franco to take
advantage of Great Britain's uncomfortable
situation In the Transvaal to force an unfair
fccltlomcnl of a matter not regarded ns vital.
Franco Is In the pooltlon of being willing
to pell Its fishing rights , but considers It
proper for Great Urllaln to make the first
proposition. Thus the matter stands In
abeyance.
TAICI : nii\toA ;
( iovcrniurnt Doeno (
TnKliic Any Sneh Step.
LONDON Jan. 3. A representative of the.
Associated Press has been Informed on good
authority that Great Britain will not take
Dclagoa bay.
Tl'e British government. It Is added , docs
not contemplate any such step. In spite of
the clamor of tbo press and public opin
ion upon the advisability of so doing.
ficn , mionns is HTII.I , ON IIAIITII.
llenort from K llillierle > ( lull III * IN
Clnltiln r liner I'rlHonem.
KLMBEHLI3Y. Dec. 2fl.-Tbe Uocrs last
night evinced coiulderable Interest In the
Premier mine , using their bearchllghtg.
This murnlng they actively shelled the fort.
The Hoyul artillery icdied Uur
were well placed nnd dropped nmld the
smoke of the enemy s cuns
t < nst tilghi's storm lRtiltr.1 some ft our
military mines , but there were no casual
ties. Cecil Hhode-s has > supplied the Boer
prisoners with new clothing.
CZAR WILL KEEP HANDS OFF
Knilirror MHiolnn Asinrrw the tlrtll'h
They pil > o ( Konr liitprvpn-
Unit hy llu * ln ,
LONDON. Jan. I. The Vienna correspond
ent of the Standard says : Emperor Nicholas
has assured the British nmbnf. < ador r.t St.
Prterfburg ( Sir C. S. Sontt ) that Greflt ;
Britain need not fear intervention or any '
sort of dllllcuity from Russia In the pres
ent South African complications.
Tlilo liny fairly be Interpreted as an ns-
nuance including an Indirect promise that
Franco will abstain from creating dlfllculttoa
for England.
POINTS FROM BOER TACTICS
tinvpriiniptitKHIII' ! nn Infantry fiiji-
Inln to Appoiuiuitiy thp Army nf
tin * I'
WASHINGTON. Jan. 3. Captain Carl
Relchmann of the Seventeenth Infantry and
usslMnnt adjutant general of volunteers , has
been detailed by the secretary of war to
accompany the Boer army for the purpose
of observing nnd reporting upon military
operations In the war In South Africa. Ills
duties will bo similar to thooo of Captain
Slocum of the Eighth cavalry , who Is with
the British army In the Transvaal.
riimnlni ; Aid for lloprn.
PHILADELPHIA. Jan. 3. The Knights
of the Rod Branch nt a meeting last night
ilecldod to extend nil possible aid to Provi
dent Kruger. Resolutions of sympathy for
the Boers were adopted. The association
claims n membership of 100,000 , made up
principally of Irish and Germans.
A meeting of the local branches of the
Clan-na-Gael WOH nlso h ld lns > t night for
drill. Fully -100 young men have li'pn
formed Into companies and will , It Is said ,
be sent to South Africa.
( tiu'Pii HPPPDr. | . Ip > ilH.
THE HAGUE , Jan. .1. Dr. Leyds. the
diplomatic agent of the Transvaal , ntteudcd
the New Year's ball nt the palace yesterday
evening. Queen WP.helmlna conversed sev
eral times with him. Ho was received by
the foreign minister today.
Vlftorln 1'coplp liiillKiinnl.
VICTORIA , B. C. . Jan. 3. General In
dignation is aroused among the loyal sub
jects of Great Britain at the expressed
determination of Boer sympathizers living
In the suburb of West Vlftnrln to extend
financial aid to the Transvaal republic. A
meeting waa held Now Year's night. A
considerable mini was raised to assist the
Boers.
Portuant I'nnariittiliitPN Itinlf.
LISBON , Jan. 3. Although no mention
v\as made of Grcnt Britain , the Transvaal
or Dclagoa bay In the metisaB" from the
tbrono nt the opening of the Cortes yester
day , King Charles , referring to the success
ful Portuguese expedition In Mozambique ,
paid : "Thus ngaln lias It been shown that
Portugal Is capable of preserving and de
fending the countries if has conquered. "
C'hurphlll Made a .Siinailrou Leader.
LONDON , Jan. 3. The Pall Mall Gazette
today announccM that Winston Churchill ,
the newspaper correspondent who was cap
tured by the Boers in Natal and taken to
Pretoria , whence he subsequently escaped
and arrived safely at Delagoa bay , has
been appointed n squadron leader In the
South African Horse.
\pKotlntlotiN Over the Hniiilpxrnth ,
BERLIN , Jan. 3. H Is scml-officlally an
nounced that Germany has not protested
against the seizure of the Bundesrath , but
has merely requested that the matter bo
Investigated and settled as speedily as pos-
elblo. Friendly negotiations In this direc
tion are now proceeding here.
Astor ( ilven to HoNiiltnl Kiind.
LONDON. Jan. 3. William Waldorf Astor
has contributed 1,000 to the Prince of
Wales' hospital fund.
! ! rltlnh Ilocrillllnc In lluniln.
BERLIN , Jan. 3. It Is reported that a
British enrolling agent has been arrested at
Korbheta , Russia.
FIRST MARRIAGE OF THE KIND
t'hrlHtlnnlzpil Chinese Cuniile til Woil
nt I'hllildclpliln Ilrldc mid Cirnoni
Iliivo .Never 3li't.
PHILADELPHIA. Jan. 3. The first mar
riage in this country of n Christianized
Chinese couple will take place hero next
week. The fact that the prospective bride
and bridegroom have never seen each other
lends additional Interest to the event.
The future husband is Wung John , the pro
prietor of a Chinese restaurant in this city ,
and his fiancee Is Su Ting Fu , who is now
on her way to Philadelphia from San Fran
cisco , where she was a pupil In the Presby
terian Bchcol for Chlncsu glrln.
Some tlmo ago Wung John applied to Hcv.
Patrick Poole , in charge of the Chinese mis
sion hero , with the request that the latter
endeavor to secure a wife for him. Mr.
Poole went to San Francisco nnd selected Su
Ting Fu. She and Wung John exchanged
photographs and tha engagement was made
by mall.
Wuns John forwarded $200 to his affianced
with which to purchase her wedding gown
and pay her expends to this city.
PACKING HOUSE STATISTICS
I'urher Itcduct Inn Innleil In Olfer-
IIIUH of IlnKN IlurliiK the
I'lint Week.
CINCINNATI , Jan. 3. ( Sporl-il Telegram. )
Prlco Currtot say : Thorn Is u further re
duction in the offerings of boss. Wrcum
packings nro 12.1,000 , compared with MS.ooii
the preceding week nnd t',15,000 last year.
From November 1 the total IB 1,613,000 ,
ngalnst f.,720,000 last year. Prominent
places compare us fellows :
city. HKi. IHIS
Chl.-nico 1,805.0fl l.i'i ! : i
Kansas City < ? : < . ( ) i'.n i
Omaha I10ti > i > 475.u i
St. IxiulH .m.oo r. , " , , < mi
Indianapolis W.un SMI K i
Milwaukee 7SfW ! .V t >
Clldahy HWtfi ls ; , < >
St. Jocepb IMi.Of ) 2 > i.Miii
Oltiimwii J5SMH l > , : ii' , i
Cedar Il.ijiids f'.i.fcn ) 1i : > , i' >
Sioux f'lly 110.M , ) itsi < i
St. Paul Sl.t/W MUHIO
BOUTELLE REPORTED BETTER
Altenillni ; I'lu Hlelnii > Vrllex that tin-
.Millie CiinureNniiiiin'N ( oiidlllon
Is Nllichfly Improved.
liANOfW , Mo. . Jnn. 3. A private letter
from thd attending physician at McLean
asylum , Wavcrley , Mass. , gays :
"I am very slad to bo ublo to tell you
that Congressman Iloutc-llo has made home
further progress ulncc I wrote you on Fri
day last.
Upponcd to Tilling Olco.
ST. PAUL. M'nn. . Jan. 3.-AI n mooting
he-Ill today of ihu Si. Paul Stock exchange
n formal ; irotml UIIH drawn u , mi | fm-
Wtrdr ! > ] to Washington nualiiht the pi -
sufe'e of the Tawney bill for taxing uloi-
; nargiirlno.
rnrrimut'x DM riiiKxhlp rionteil.
VALLICJO. Col. . Jan. 1 ! Commodore Fur
rneut'ii lUgshlp , the liurtford. wan flu < t > I
Hidny out of tbe Ory do.'k where it b. > >
iH-f-n fui the UM thi" > montliH umlerx .11 g
r'- > lis. U Is nov. . - iU ! to be In prime condl
lion. . , . . - . „ _ . . , . _
FORECAST OF THE WEATHER
I'nrtlj fliiudj ThnrMlny nnil 1'roh-
nlilj I'nlr mid Colder 1'rldnj
In > chrn kn ,
WASHINGTON , Jan. 3. Forecast for
Thursday and Friday :
Tor Nebraska Partly cloudy Thursdnv
fair nnd probably colder Friday ; varlal > t
winds , becoming northwesterly.
For South Hakota Fair Thursday , w iS
colder In the afternoon ; fair Friday ; nonb-
westerly winds.
For Iowa Threatening Tlutrcday ; fnl
and eolder Friday : southerly winds , tivotn
Ing northwesterly.
For Missouri Increasing cloiidlneoi
Thursday ; threatening Friday ; southeast
erly winds.
For Kansas ThreatenliiR Thursday : pmb-
nbly fair and colder Friday ; southoilj
winds , becoming northwesterly ,
liiu'nl lleoord ,
OFFICE OF TIIU WHATHKU lU'UF.AlT
OMAHA , Jnn. S.- Omaha rerord of tein-
prraiiiro ntu' proclpltntlon compared wi.li
tbo rorrronoiullng dny of the last threi
jenr :
1900. isno. isn1 ! is- > :
M.Ixhmitn tetnpernttire. . . . S6 45 41 H
Minimum temperature. . . . 14 SI 2n I
Average temperature 2.1 ,11 ; u I
Prodpllatlnn 00 (0 00 J
Itecord of temperature ntnl iii-orlpii.itior
nt Oinnha for this day nnd slnco March 1.
ISM :
Nntnml for 'lie dny 11
ICxcoss for the dny :
Accumulated exi-ess sltieo Mnreh 1 , INK' ' 31
Normal ralnfoll for the day o.i in ,
Pcllcleticj for the day ( VI In , !
Total rnlufall tdncc March I , 1S99.35.IW inchr *
llellrlcne > KllUMMufrll I. 1SW9. . . I..1I Itichoq
Delleleiiry for cor. period 1 > > ! H. . . ,1.75 Inches
Ucllcloiicy for cor. period , 1W. . .lO.uO liu boa
Itejiorl from ntntlmiM nt S | i. Ill ,
T Indicates trace of precipitation.
H I'M'S A. WKLSM.
Forecast Olflclnl.
Free Headache Cure
Woiiderfiil Hemeily thnt Never
to tJl\e ( Illicit llellef.
Prep Trlnl Mnllril to All Who Senil
\innc mill AitilreitM.
No matter what causes ymir headache It
can bo stopped In twenty minutes by a new
remedy discovered by Max Gesslor , the
" ' Ttf'-'iifiniJii famous Milwaukee
chemist. It Is n saf
and linrmlpin medl-
elne , containing no
opium or other pois
ons , and by scndlnxMr
Oessleryour name ami
nddre.Hs he will gladly
Hi'iiil roil n free trial
package so you can
nee for yourself what
a merve'fius ' rellef-
hrliiBcr It Is. GeswIor'H Jtnslc lleadaelin
Wafers are Hold by all druggists at 10 cent *
a box. nnd If they do not euro your head
ache or netiralKln in twenty minutes , the
drnpRlst will band you hack the price.
Write to Max Ges-'Hler , S3 ! ) Journal HldK ,
Milwaukee , Win , for a free trial. Wrlto
today and be prepared for the next head
ache.
Sill : Your letter and goods received
> ou will send window display and ndver-
nlnK matter I will UPC It to advantage. As
e goods KlvtKPiicral satisfaction 1 push
thorn : a thliiR which I never do with any
other proprietary medicine. Yours respect
fully , F. Uurkhardt , Druggist , Newark ,
N. J.
THE SPECIALISTS OF THE
n
iiOClfO-
Meal Institute
1308 FAHNVM ST. , OMAHA , M3U. ,
CURE WHEN ALL OTHERS
FAIL. ;
When Kleclrl- . _ when medicine
Kleclrllly fnllb u. iuro.
icine falls tn cure , go to the State Klec'rn- '
Med'cul IiiMtltulp and let Itn Electrical and
Medical Specialist * prove to you thitt by
their combined elei'tro-mpillenl treatment
they can cure you when all ulsc lias failed.
WEAK , NERVOUS MEN
nnd vitality , weak nid ; phriinUen organ * ,
unaltered nervous Hystcm enmod by over
work , PM'c-M's and tclf-iibiiso , r < " "illlnt ; In
weakliest ! of body and binlii , night mlfl-
F.ionH , IOSSI-H In tin' urine. dlr.zlne-i , fulling
mnmory , luck of i onlldfiu-o nnd ambition.
palrin in Hie li.irk , Inln * and kldncyx , ii.nl
other ill lresslni ; Hymiitomi , uiilltilnc nun
for liiiilnrhH or n'.enauie. Our mii-eml > > -
tern of treatment will euro YUt' , lentmo
your phyHlcal and fcxiinl luMltli and m ka
you once morn n man among men no mat
ter who or what has failed.
fined by their new ini'th-
od without Itnlfu. truss or
detention from work a juilnlc- , ? , nun' .uid
permanent
.
! Und tenderness of
the orRiini nnd sliindi , treated with unfail
ing mieois. .
CONTAGIOUS BLOOD POISON
Syphilis and nil rjlxcaieH of the blood
piomptly and Ilioic'ivhis cured and every
tune of i > olHu-i iTiii1. ! . , ited from the
forever re l irlnj ; tn.iltb ind jmnty
PRIVATE - ' " '
DnEA8ES-t' y' ;
char > : ( . ii'e , which , if neslected or im-
jiropoilv ti.aied. hrenh down the Hyulem
and < UUHC- kidney ills , > ao , c-te. , penn.iiifiitly
cured.
Hiilr. .Si-.tl ; ! and Skin Ul ea > es qnlkly
cured. Itli i.niatlHiM. N'niinlia ! and all
painful ilflVi lions banlul'ed. All illcenma of
wuincri nucieBdfully treated. Private apart-
incniH for Indies. ( Jin electric lielta iilxl
other nppliunii'H are the lic l manufactured.
Kxamlno tlinni free
\WRITE > " "r tr ulile. If llvlne away
jLl.l-rr irom tht city Thousands iured
nt home. Book , " ( lulile to Health. " fror
JlefercneeB llext lliuiUN nnd Ilimlneiii
nirn In thin clly. Coimiilliilloii free ,
i Hours-8 a , m , to 8 p , m , 8ull"f2V i ,
Parlfy the illeod ,
Care JJiweliej , Ira-
Drors Comvlezlou ,
10 ccsts Tu cente.