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Attorney W III Aritur Hie Demurrer of
the .Monopoly lo I lie Com
plnliit l-'lleil by the
tntp.
LINCOLN, April 27. (Special.) The case
of tho State of Nebraska against the Stand
ard Oil company will come up for hearing
beforo tho wiprcme court next Tuesday on
a demurrer filed today by Attorney General
Smyth, the object of which Is to strike out
two clausca of tho defendant's answer which
attack tho constitutionality of tho Nebraska
anti-trust law. James M. Woolworth, Frank
L. McCoy nnd probably John M. Thurston
will appear for tho Standard Oil company
nnd Attorney Oencral Smyth will pro3ent
tho side of tho state.
Tho questions to bo dlscuwcd are of a
legal nature, all touching upon tho consti
tutionality of the act under which tho suit
was Instituted. In tho dc-ftiurrcr filed today
Attorney General Smyth holds that tho at
torneys for the defendant have placed a
wrong Interpretation upon tho law and In
sists that for this reason clauses 6 and 7
of their answer should bo stricken out. The
consideration of this proposition will delay
the final hearing of the case for several
months and It the nttorney general Is over
ruled tho state's cause of action will bo
seriously crippled. Tho attorney general
contends that there Is nothing In tho anti
trust law or its tltlo which is contrary to
tho constitution, but the answer of the de
fendant cites several specific points of al-li-gol
unconstitutionality and three more
which nro held to bo contrary to the con
stitution of the United States.
This case has attracted widespread atten
tion, for upon Its decision depends the courso
to bn pursued against trusts In other ctatw.
James M. Woolworth has been employed as
additional counsel for tho defense nnd prep
arations arci blng mado by thnt side of tho
case for one of tho hordest legal battles
ever fought In tho supremo court.
Itnllroiiil liltlKiitlon.
Attorney General Smyth has again turned
his attention to tho mass of ralltoad litiga
tion ponding In federal and stato courts
and boforo the Stato Hoard of TransportB'
tlon nnd this afternoon ho filed two mo
tlon& with tho clerk of tho supremo court
asking for Judgments by default against
the Durllngton and Elkhorn rnllroads, the
former for $23,000 and tho latter for $20,000.
Theso casts were Instituted by the attor
ney general several months ago to recover
the amounts named as penalties for the
violation of the maximum freight rato law,
Tho defendants failed to nnswer within the
tlmo allowed by the rules of the court nnd
therefore becamo liable for the Judgment
asked In the petitions. The eunremo court
will probably act on these motions at tho
next sitting.
Another motion lias been prepared by tho
attorney general asking for the advance of
the caso of Hlgglnson against tho State
Doard of Transportation, for hearing before
tho United States circuit court of appeals at
St. Paul on May 7, This Is tho caso wherein
the stockholders of tho Durllngton railroad
sought to restrain the railroad commission
from fixing or regulating railroad rates. An
lnjunotlon was granted by Judge Munger and
tho case was nppealed by tho state.
Tho caso of tho Stato against tho Union
Pacific railroad will bo heard by the supremo
court next week on tho demurrer of the de
fendant. It Is alleged that tho petition of
the attorney general docs contain sufficient
cause cf action.
Tnxes Annlnut nnllroadn.
Tho Nebraska railroad mnps for 1899 have
been delivered at the stato houso and aro
ready for distribution from tho ofllco of tho
transportation secretaries. Tho maps, be
sides showing tho boundary lines of all coun
ties, Judicial and congressional districts, con
tain a lot of Interesting railroad statistics
touching upon taxation, valuo and cost of
operation of railroads In Nebraska.
The total amount of tuxes nsscssed against
the railroads for 1899 is $1,099,460.12. Lan
caster county hoads tho list of counties In
tho valuation of tnxablo railroad property,
the taxes nssefsod In this county amounting
to $52,297.63. In Douglas county, next on
the list, tho taxes assessed In 1S99 amounted
to $32,427.21. In Wheeler county tho as
sessment Is $367. During the year eighty
fivo persons wt.ro killed nnd 243 Injured
Tho total compensation on all Nobrnskn
railroads for employes was $8,987,529 and the
total operating expenses were $15,094,325,
Theso maps should havo been ready for
distribution several months ago, but as the
old plates were destroyed In tho North fire
It was necessary to havo another drawing
made, which delayed tho work. An error
In the old map-has been dupllcnted In tho
new one, which makes a portion of Cedar
county appear as being In tho Ninth Judl
clal district Instead of In tho Eighth dis
trict, where It belongs.
Tho recent pardon of Benjamin F. Mills
from tho penitentiary may lose Governor
Pontor tho support of the Harlan county
delegation to the populist state convention
Prominent populists In that county wero vig
orously opposed to tho action of the gov
ernor, and some of them even threatened
to withdraw their support lo his candidacy
If 'ho gavo tho man his llbrty. Petitions
for Mills' pardon poured In upon the gov
error from nearly ovcry other county In
the stato nnd with tho exception of Harlan
there was very Ilttlo opposition to the movo
mont. Whether the throat of the Harlan
county populists will bo made good ro
mains to bo seen, but tho reports that reach
I Lincoln nro not vory encouraging to the
governor.
I l.uiii'uxtor Alinuiloiin I.iinilir rlxui,
I J. H. McClay of this city, whom tho Lan
' caster county delegation was Instructed to
'support for dolegate-nt-large to tho nn
' tlcnal convention, has formnlly refusol lo
( glvo the vote of the delegation to G. M.
i Lambert6on for governor. This settles for
n time tho question of how Lancaster will
blend regarding his candidacy.
The proposition was made to Mr. McChy
n a conference yestrrday afternoon. Tho
situation In this county v?s gono over by
the Lambertson men nnd It was urged that
the Interests of the two men did not con
lllct eo seriously that the delegation could
not support their candidate for govnrnor.
Mr. McClay offered to withdraw from tbo
race In tho Intercuts of harmony, If har
mony could bn secured by such an act, but
tho Lambertson committee objected to this
and McClay decided to remain a candidate.
Ttls morning tbo proposition of tio Ljui
bortson boomers vas declined and It Is r)iilto
probablo that tho entire dclejatlon v. Ill mand
by tho decision.
The following delegates have been ap
pointed by Governor Poyntor to represent
Nebrahka at tho twenty-seventh nnnual con
ference of Charities nnd Corrections, which
will bo held In Topekn, Kan,, May 18 to 24
Mrs. C. S. Jones, Warden J. II. Hopklni
and T. J. Thompson, all of Lincoln; J. W.
Jtmnlnger nnd Dr. Abraham Slmont's of
Omaha, J. C. Campbell, Kearney; II, It.
II, Wcbor. Geneva; Father J. II. Walsh,
Norfolk, and Uev. Father Jerome of Platte
Center.
gained entrance by prying a dcor open nt
arrived from Lincoln this morning and made
a satisfactory trail to an alley two blocks
away, but up to noon had made no further
progress. Two suspects were, arrested at
Mead nnd brought to Wahoo at noon today
and will bo held for examination,
COUNTY ATTORNEY RESIGNS
Holt County oniclnl t'unlilc to Stand
I'rt-nntiri llroitKht to
Hear,
O'NEILL, Nob., April 27. (Special Tele
gram.) W. II. nutter, county attorney,
today filed with tho county board tie fol
lowing resignation, which was accepted:
"On account of a misunderstanding with
you as a board, nnd In consideration of a
rcquetit from M. II. McCarthy, chairman of
the people's Independent party, and on ac-
ccunt of disbarment proceedings begun In
tho district court, I hereby tender you my
resignation ns county attornew of Holt
county, said resignation to take effect May
2, 1900."
On March 24, 1900, the county board ap
pointed n special committee to Investigate
tho books of tho county attorney. Tho com
mittee" reported to tho board a shortage of
$121. Tho board then adjourned for thirty
days to give tho attorney time to mako a
settlement or file a counter statement. Pur
suant to adjournment tho board met April
2o and found that no settlement had been
mado or statement filed. Mr. Duller was
notified that something must be dono by
9 o'clock this morning. At thnt hour he had
mado no move.
Tho chairman of tho populist committee
called upon Mr. Duller and demanded hla
resignation. Mr. Duller handed In his
resignation as above, supplemented with a
statement that ho was being mado tho vic
tim of political and malicious persecution,
and that a thorough investigation would
show that ho was entirely blameless.
His successor will bo appointed May 2,
AIIUI3ST nUFAUlriNH TltllASimBU.
lliirKlnm Make n llnlil.
WAHOO. Neb., April 27. (Special.) The
general merchandise storo of Joseph &
Grafo waa entered by burglars last ulght
and about $500 worth of goods, fine silk
and Jowolry, were taken. Th burglar
Man 'Wanted at Krrtuont In Cnptnrcil
In AVIm'oiinIii.
FREMONT, Neb., April 27. (Special.)
News was received hero today of the arrest
at Green Day, Wis., of Henry Hoctfclkcr,
tho defaulting treasurer of Webstor town
ship. Hoetfelkcr left for parts unkonwn In
beptcmbcr, 1896, nnd when his books wero
examined his accounts were found to be
short several thousand dollars. He owed
Dodgo county about $2,300 and a nearly
equal amount to Wobstor township nnd tho
school district of Dodgo. This shortage
was mado good by his bondsmen, one of
whom was his fathor-ln-law, nnd ever since
that tlmo thoy havo mado strenuoOs efforts
to get n traco of him.
When arrested at Green Bay It Is reported
that ho was going under tho assumed namo
of Meyer and had a wlfo and two small
children thore. He left a wife and sevoral
children, one of whom was only a few weeks
old, at Dodge when he skipped. He was In
tho buslncEs of buying nnd selling stock
and was well known In Dodge, Colfax and
Cuming counties. Ho had served several
terms as township treasurer, was prominent
In local politics and considered one of tha
substantial business men of the northwest
ern part of the county. Sheriff Kreador
left for Wisconsin this morning and is ex
pected back with his man Monday or Tuesday.
HKAVY RAINS GENEUAL IX STATE.
Hcpnrtn of Falling Water Came from
Different Points.
DUNBAR, Neb., April 27. (Special.)
Heavy rains have been falling every day
this week, soaking the around. A heavy
hall fell yesterday afternoon, but no dam
ago was done.
DECATUIt, Neb., April 27. (Special.)
This section of tho country was visited
with the heaviest ralri of tho season,, ac
companied with thunder and lighting. Tha
small grain has all started nicely and the
ground Is pclng prepared for corn. Tho
trees nre now quite groen nnd the early
fruit trees nro nearly all in full bloom.
TABLE DOCK. Neb.. April 27. (Special.)
It has rained almcst continually here the
meat part of tho week. Tho Nemaha river
Is bank-full and It Is impossible for the
farmors to get in their fields to work. The
ground has not been so thoroughly soaked
for months.
Dentil of Fremont Soldier.
FREMONT. Neb., April 27. (Special.)
Mr. J. A. Bateman received word today of
the death on a transport of his son, Howard
F. Datcmnn, of Company H, Thirty-ninth
United States volunteers. It Is thought
that ho had been discharged for sickness
and was on his way home. His is the second
death among tho olght Fremont boys who
enlisted in the Thirty-ninth, the other being
that of Private V. B. Newlon, who was
killed In action. Bateman was 27 years old
and had resided hero with his parents,
clerking In his father's grocery for about
six years. His remains wero burled at eea.
Arrested for Ilont leKKlnR.
DECATUR, Neb.. April 27. (Special.)
Deputy United States Marshal H. D, Homan
and United States Commissioner Thomas
Sloan have been In town Investigating tha
bootlegging charges among the Indians.
Eight arrests wero made William Adair,
Vet Conkllng, Frank Goodwin, Irvln Ball,
Lester Ball, Daniel Ball and Fred Cayon.
All gave ball, except Adair, Conkllng and
Lester Ball, and thoy were taken to Omaha
by Marshal Homan to await their trial by
the United States court.
Prepare for Cndet Knuampment.
BEATRICE. Neb., April 27. (Special Tel
egram.) Arrangements havo been con
cluded for tho annual encampment of the
State University cadet battalion here for
four days, beginning May 10. The encamp
ment will Inst four days, There will .he
about 300 men In camp and they will be
acccmpanlcd by a number of friends and
visitors. The encampment will bo held on
tbo Chautauqua grounds.
I.IkIiIiiIiik Striken In Ilenlrlee,
BEATRICE, Neb.. April 27. (Special Tel
egram.) During tho storm thin morning
Ed English, whllo standing nt the window
of his heme, was severely shocked by light
ning. The bolt struck outside, the force
shattering tho window lights. Mr. English
was badly etunncd. but soon recovered.
Heavy rains occurred in this vicinity this
morning and nftcrnoon,
DNIrli't Court at Gerlnir.
OERINO. Nob., April 27. (Special.)
District court Is In session here. There are
about thlrty-fivo cases on tho docket. The
caso of the stato vs. Edward Penn for forg
cry was dismissed on a motion looking to the
Information. Tho Jury Is now out in the
casit of tho state vs. Sider, on cbargo of
violation of tho Slocum law.
relelirnlliiii at lionevn.
GENEVA. Neb.. April 27. (Special.) The
Independent Order of Odd Fellows' clghly
firat anniversary was celebrated here yes
terday. Representatives from the lodges at
Fairmont. Exeter, Friend, Dorchester,
Strang, Sblclilcy and Brunlng wero present.
A program was furnished both afternoon
and evening.
Olmorve Odd l'rllov' Day,
DAVID CITY. Neb.. April 27. (Special.)
Harmony lodgo No. 31 Independent Order
of Odd Follows, nsslstcd by the Daughters
of Robecca lodge No. 18, observed the eighty
first anniversary of the order last night hy
a banquet at the Knights of Pythias hall.
Hoy llrenkn II lx I, re
TAnLE ROCK, Neb., April 27. (Special.)
Jesse Norofcheck, a 12-year-old attend
ing school here, fell on tho grounds yes
terday and another buy fell on top of hla,
TIME.
TO TAKE
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0V
spring Catarrh,
IIP WEAKNESS,
TORRHWe
The winter climate has deranged, more or
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quite likely your stomach anddigestive organs,
also. Your appetite Is changeable. Your
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It Is time to take Peruna, therefore. It Is
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have purchased one bottle of Peruna, and it
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ii
Weary and Worn
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Completely worn out tired "all over" the blood runs slowly through tho shriveled veins. You nro weak all work Is an unbearable burden. Ambition
dead energy has fled and try as you will, you CANNOT put your old "life and vim" Into your work. You cannot eat and enjoy your fond as you used to.
Your face shows tho tprl tig's vitiating effect in sallow complexion and pimply skin. Tho whole system Is run down" to tho danger point, whero dlecaso
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i
TOE BIMCTfN
New Time Card, Sun lay, April 29.
Important cliaiiRr-s In trnln service to
Ohlcngo, Hliick Hills, Montana and
PtiBot Sound.
Information ns to the new schedules
can be had nt
Ticket Office,
1502 Farnam St.
Tel. 260.
1
Burlington Station,
10th and Mason Sts.
Tel. 120.
Robertson Bros.,
For Oiuiilin and Vicinity.
Distributors:
RotheMberg & Schloss
For hlnle of X-lii ii.ku.
W. K. Gresh & Sons, Makers
breaking his leg abovo tho knee. This Is
the second time tho samn leg has bcou
broken and once It was almost cut off bj
a cornknlfe.
Entertainment ut I'llcn.
UTICA, Neb.. April 27. (Special.) Tho
Junior class of tho Utlcn High school gave
an entertainment at the opera houso this
evening, which was largely attended despite
tho heavy showers In tho early part of tho
day. Tho program was prepared by Prof.
Tout and was well rendered.
Steamer, triini lilcuuii lo Europe,
CHICAGO. April 27.-The Tribune hhj-s:
A direct line of steamers from Chlcngo to
Liverpool doubtless will bo tho outcomo of
u number of projects now nn foot. From
present Indications tho ships will bo tho
welland cnnal size, capable of carrying
75,C) bushels of wheat on a draft of four
teen feet. The promoters of one proposed
line estimate that It would tnke between
eighteen nnd twenty days to mako the
trip from Chicago to Liverpool. Careful
Investigations are being made of tho pros
pects for cargoes. Overtures are also being
made for traffic arrangements with on of
tho steamship lines at Montreal, by whlrh
freight could be transferred at that point,
saving the lake ship tho long voyage
across tbt Atlantlu,
r
BUFFET LIBRARY CARS
Best Dining Car Service
e
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Doctors' Offices
Should bq In a building whero tholr patients can roach them any tlmo of the
day or night without walking uptar. Thoro uro plenty of doctors who do
not have evening olllco hours for this reason, even though It would bo much
morn convenient for them and for many of tholr patlentB who cannot call at any
other time, ,
THE BEE BUILDING Is the only building In town that has clavator serv
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The Bee Building
R. ,C. Pclcrs & Company,
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Offices: Around Floor,
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J
