Omaha daily bee. (Omaha [Neb.]) 187?-1922, November 22, 1900, Page 3, Image 3

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    TITIS OAfAHA DAILY BEE: TnURSDAY, XOYEMTVET? 22, 1000.
MAY KILL IRRIGATION LAW
Dcoiiion of Supremo Court on Riparian
Bights'ia Far-Reaching.
JOHN 0. YEISER'S CASE OUT OF COURT
Initiative nnil Itcferciiilinii Appeal N
I'limul I" Hi" Without HtimilliiK
Ilnrtlcy IIoihImiicii Win
A Kill ii.
LINCOLN. Nov. 21. (Special Telcsrnm.)
Tho supremo court dealt n serious blow at
ho Irrigation Interets In tho Btato by affirm
ing tno decision of the trial court in tho
caso of tho county of Crawford nalnnl
Hathaway nnd others. Tho appellant la
this case brought nn action In tho dis
trict court of Dawes county against Leroy
Hall nnd others to adjudicate certain rights
of tho parties and to enjoin him, who was
charged with making threats to tear down
n dam erected by tho uppollant In Whlio
river, by which nearly nil of tho water
In tho river was diverted from Its chan
nel and caused to How through tho plain
tiff's ditches. In brief, tho supremo couro
hold that tho owner of n bank Is entitled
to all tho rights of a riparian proprietor,
which Includes tho How of water In tho
strenm. Lawyers who examined this
opinion tonight said that It might lead to
Invalidating tho Btato Irrigation law.
Tho caso of tho slnto ex rel John O.
Tclsor against Ilcecher Illgby, from Douglas
tounty, was dlsmtsscl. In this caso Ytlsor
nought to obtain a writ of mandamus com
pelling tho city clerk of Omaha to submit
nn ordinance under tho Initiative and refer
endum net. 'I ho enso was dismissed for
tho reason that no final order or Judgment
was rendered In tho trial court. Tho court
held that error proceeding could not bo
prosecuted beforo a final Judgment had been
entered.
A decision of Interest to tho medical pro
fession was rendered In the caso of tho
btato against Charles W. Little, nn osteo
path. Tho court held that "onu who prac
tices what Is known as osteopathy, without
obtaining, a certificate from tho Btato board
of health is a practitioner of mcoiclno and
Is llablo to tho penalty prescribed specifi
cally for practicing mcdlclno without a
license."
State l,or Hartley I'll mo.
In tho caso of tho Stato of Nebraska
against tho bondsmen of cx-Treasuror
Hartley tho court adhered to Its former
Judgment reversing tho decision of tho dis
trict court of Douglas county, which was
In favor of tho state. Tho first reversal
was predicated on tho solo ground that tho
trial court committed nn error In directing
a verdict for tho stnto for tho full amount
of Its clnlm, It was this ruling nlono that
tho court dealt with In arriving at tho de
cision rendered today. Tho opinion In tho
caso was wrltton by Chief Justlco Norval
and In closing It says:
With tho proofs before tho court thu
admission of tho trnnncrlpt of the dls
trlct court of Lancaster county was evi
dence tending to show that u part of thu
moneys sought to bo recovered In the case
nt bar wero not embezzled during Hartley's
second term, lienco the district court erred
in directing the Jury to return u verdict
for tho Hlato for tho full nmotint claimed
in the petition in this cuuse. There is no
escaping tills conclusion.
Tho syllabus of tho opinion:
liendlngs may In- Introduced ns evidence,
in actions other than those wherein they
wen; Hied, as admissions ngnlnst Interest.
Coiillletlnii evidence Is for thu Jury to
weigh nnd when thero is n conlllct In evi
dence upon n material Issue It Is error to
direct n verdict for either party.
Tho amount Involved In this caso Is ap
proximately $000,000. Judgo Holcomb took
Ho part In tho opinion.
In the appeal of Dr. Charles Tuttlo of
Lincoln, an ostcopathlst, tho court nfllrniB
tho decision of tho lower court. It holds,
that an ostcopathlst is a practltloucr of
mcdlclno and BUbJcct to regulations of the
Btato Hoard of Health.
G'fiNCR Decided.
Decisions woro rendorod In the following
:ascs:
St. James' Orphan Asylum ngnlnst Zelby,
reversed and remanded; Farrell ngnlnst
Houck. reversed und remanded; tho Craw
ford l Company against Huthawuy. nlllrmed;
Swift und Company ngnlnst lloloubek, re
versed and remanded: Stato ex rel reiser
uim luummiuu, Diuio ex rei veiser
ngalnst lllKuy. dismissed; Little ngalnst
State. lUllrmed-No. 11213; State ugnlnst
iToruont. ICIkhorn & Missouri Valley Hall
roml Company, dismissed: Duffy ngalnst
lldson. atllrmed Norval. chief Justice, dis
Bentine; Atliuns against Osrood. affirmed,
nnd No. 11I0S); Ooos ngnlnst Krng Hrewing
Company, atllrmed; First National Hank
of l'lattsmotith against Oibson. ufflrmed;
l'orter ngalnst Flick, reversed Nerval,
chief Justice, offered no opinion; I'axton
ngalnst State, Judgment of reversal ad
hered to; Stnto against Hurllngtnn it Mis
souri ltallroad Company, dismissed Hoi
comb. Judge, concurring In separate opin
ion; Kvans ngalnst Simpson, No. M97, np
iieal Webster, dismissed; Warren ngalnst
Wulcs, No. 1O0GR, error Otoe, motion to va
on to supersedeas bond und give additional
supersedeas, passed to December 11, 1900;
Christie ngalnst Wngner, No. 10M3, appeal
Gage, dismissed: Wugnor ngalnst Johnson
County, No. 1M18. error Johnson county,
dismissed; Smltli ngalnst Lebanon Savings
Hank, No. lOStit, appeal Hlchardsou, sub
mitted on motion to set aside dismissal;
Kvans ugalnpt Hendry, appeal Sarpv, No.
10S92, defendant confesses error, order of
eonllrmntlon reversed and case remanded;
Wnldron against First Natlonnl Hunk, error
Cnss, No. lwci, dismissed; Sallng ngalnst
Sallug, No. 11010, appeal Sarpy, submitted;
Stato agnlust Standard Oil Company, No,
1 1074. time of referee's report extended to
December ID, 1900; Carter ngalnst Oibson,
No. 11390, error Cass, advanced; Drydcn &
Mayno ngalnst l'nrrotte. No, 11403, appeal
Huffalo, submitted on motion to ndvanco
nnd leave to Hie amended transcript; Mc
Dcrmot ngalnst Manloy, No. 11420, error
SyrufFigs
Acfsfearanty andhmptfy.
Cleanses the System
Gently and Effectually
when bilious or costive.
Irt'sents : ttc mart acccptaLlebim
the xjrxfiv principles of plants
JcttOH'n to net most &rftefidsJ(y.
TO GET ITS BENEFICIAL EFFECTS
BUY THE GENUINE - MANFD. BY
CALIFORNIA FIG STRUPCO.
SAN rRANCISCO, CAL,
lOUISVItlE , KY NEW YORK, N.Y.
for ttt tj- drvethts - prlc e SOt ptr bottle.
Ruffato, dismissed. Columbia National
Hank nalnst Daldwih, No, 11423, appeal
Lancaster, pa.ise.il for want of notice; Ver
mont Savings Hank against Carstens, No.
11471, appeal Sherman, dismissed; Wheeler
against Washburn, No. U50fi, error Hoone,
order for briefs In thirty days, dismissed
nisi, Allen ngnlnst lMosmcyre, No. U5(M,
motion for additional supersedeas with
drawn, additional security on Injunction
bond, passed to Dueember 4; Ncwbv ngalnst
Kllswnrth. No. 115S0. error Hallne, ad
vanced; First National Hank ngalnst Oros
slums, No. 11618. nppe.nl Clay, passed for
want of notice; Stover against Stark, No.
11C., appeal Hamilton, mtvanccd; Oldlleld
ngalnst Oldflsld, No. 11729. error Douglas,
submitted on motion to strike bond.
Motion l'n"'il I'poii,
Dovev against McCullotigh, No. lllrt.", or
ror r'nss. Hearing on motion to rotnx costs
continued to December I mi stipulation.
Muoro against Moore, No 0i2. nppea
Dawson. Submitted on motion to recall
mandate. ,
Hltehle against B'oan, No. 111,0, error
Douglas. Dismissed by plaintiff In error.
Thompson i.galnst State, No. 114!'3, error
Chirr? "county Order llxlng ball at S7.5f.
Cause continued thirty (lays. Leave to
nl.iliitlff In error to amend petition In error,
s KKestlon of diminution allowed. Trans
crlpt nrdorVd returned to clerk district
COn"cnCHjrrflnBton Qulncy Ttallroad
Coi many ngalnst Wolfe, No. 9SW. error
from I'lieliw county. Lciivn to plaintiff In
error to Verve ami Hie additional briefs.
KstatH of Fitzgerald .ngalnst t'nlon Snv
inir iinnlt. Ni 11.S. error Lntienster
county. Leave to plaintiff In error to
file
nmendetl petit on n error inniiimcr.
iVt a " of ntzgcrald ngnlnst Union
Ings Hank. N. ?. "r"r J'"
Sav-
n nnd alAP
nnuntv. I.envo I.' pi.unun in error iu mt:
nmeniled netltlon n error inBtnntcr.
Hnl'ard against I.etak. No. 11231. nppenl
LaniMiBter com Submitted on motion to
'''Hank1' of Storkhnm ngalnst Alter, No.
tn'f) error Hamilton. Leave to defendnnt
to rile original Hies of court below nu
amended trnnserlpt.
Ilur Commissi"" Heparin.
Tho Supreme Har commlslou this after
noon made public tho result of the re
cent examination of candidates for ad
mission to tho Nebraska bar. Accompany
ing the report are several important rul
ings. Including ono which declares that the
Buprcmo court nlono has power to admit
attorneys to practice In Nebraska courts.
The commission consists of WtnHeld S.
Strawn of Omaha, H. O. Krctslngor of Ilcnt
rlco nnd John S. Klrkpatrlck of Lincoln.
The commission recommended tho admis
sion of tho following attorneys from other
stales: Nathan 1'. Dodge, Jr., Omaha, from
the supremo court of Massachusetts; John
A. Storey of Omaha, from tho supremo court
of Iowa: Charles C. McDonald of Omaha,
from the circuit court of Michigan; Charles
A. Jacobv. from tho supreme court of nil
nols; V. A. McMastcr of I'onca, from the
supremo court of Iowa; J. C. Van Hlpcr of
Lincoln, from tho circuit court oi .mis
Bouri: Henry Y. Cnrrett of Lincoln, from
the suporlor court of Oeorgln, and Oliver
V. Dye of Omaha, from tho supremo court
of New York.
Tho following successfully passed tho en
franco examination and tho commission
recommended their ndmlsslon: William II
Hatterntli of Omaha: Uzra C. Stanard of
Crete; William II. Wheeler of Omaha.
Oleson Deposition Filed.
Depositions in tho caso contesting tho
election of J. C. Oleson as legislator from
West Point, wero Hied In tho secretary of
state's olllcc this afternoon.
Duplicates of ofllclal returns from every
county In tho state havo been tabulated In
tho secretary of state's ofllco and tho to
tals bo far obtained are: Dietrich, 113,879
Poynter, 113,018; Jones (pro.), 4,315; Flick
(mldroad), 1,093; Kharas (socialist), C74
Plurality for Dietrich, 861. Savage. 114,082;
Gilbert, 111,280; Lnwson (pro.), 4,020.
Lincoln I.ocnl Note.
Tho stockholders of the Lincoln Trac
Hon company have elected tho following
board of directors: M. Li Scudder, aeorgo
13. Ide, Haley Flsk, C. C. Cuylor, of New
York: William Helchcr, New London
Conn.; John II. Ames, Charles II. Morrill
nnd W. H. Dorgnn of this city. Mr. Dor-
gan, tho only new member of tho board,
was elected to take tho placo of E. E.
IJrown.
Sorosis, ono of tho oldest social clubs
In tho city, has elected tho folowlng of
fleers for the ensuing year: Miss Lucy
Gardner, president; Mrs. Major Mooro,
vlco president; Miss Suettn (lardner, secre
tary; Miss Maude. Vcnnell, treasurer; Mrs.
Robinson, chaplain
At a mass meeting of university students
this morning, over $800 wns subscribed for
tho Nebraska-Mlnnerota foot ball game,
which will be played on tho campus Thanks
giving day.
John W. Kolley of Grocnw.ood, Neb,,
brother of Mrs. Odo Hector of this city
was married to Miss Eunlco Dodge of
Davey, Neb., at St. Theresa's pro-cathedral.
Mr. and Mrs. Kelley will reside In Oreen
wood. Simon II. Carter of 949 North Thirtieth
Btrcct waB Injured in a runaway accident
last night. As tho vehtclo ho was riding
In was pulled around a sharp corner ho
was 'thrown to tho pavement and when
picked up was unconscious. Tho Injuries
are In tho nature of severo brulBes.
More Aspirant nt Ilrntrler.
BEATMICR, Nob., Nov. 21. (Special.)
.More candidates for positions under tho
new stato administration develop In He-
atrlco dolly. Among tho now ones in tho
field may bo mentioned Dr. Albright, can-
didato tor tho supcrlntendrntshtp of tho
Institute for Feeble Minded; A. Noel,
candidate for steward; M. A. Motzgor,
correspondent of tho Lincoln Journal, can
didate for steward, and Mrs. M. n. Arm
strong, widow of the Into Dr. J. T. Arm
strong, former superintendent of tho In
stitute, who Is n cnndldato for matron.
W, J. Todd, former county Biiporlntond-
ent of schools, would llko to bo placed In
chargo of tho Institution for tho Mind
and in addition to these are several who
aro nursing booms not yet ready for
launching.
Ileatrlco is at present Buffering from n
mild epidemic of diphtheria and membran
ous croup, which tho physicians aro doing
their best to keep from spreading. Thero
havo been soveral deaths from both ail
ments wtthtn tho past week and whlio no
serious alarm Is felt at present, It Is un
derstood that In caso of any moro develop
ments tho city superintendent of schools
will order tho schools of tho outlying
wards, which aro tho afflicted ones, closed.
To tho past several weeks of damp, cold
and dlsngrecablo weather Is attributed tho
spread of the diseases.
Conductor Wheeler's Arm Crushed,
TAUL13 HOCK, Neb., Nov. 2lr-(Speclal.)
Kd Wheeler, n freight conductor living at
Wymore, hnd his left arm and shoulder
badly crushed hero this afternoon. Ho hnd
charge of the ballast train and was wallng
a coupling with tho pilot of tho engine whon
he slipped nnd fell.
Two or threo Inches of snow fell last night
on top of tho frozen mist and sleet which
had fallen the last two or three days, mak
ing u glnzo of Ice.
Florence HurKliirn 5et Little.
FLOItENCB. Neb., Nov. 21. (Special
Telegram,) llurglars entered the depot,
postofllco, a butcher shop and tho black
smith shop hero last night, but got tor
their pains only about $2.&0 In stamps
from tho postolllce. Tracks showed that
they camo from tho direction of Omaha.
, llnlr-lnch Full nt Slirltmi.
8HRLTON, Neb., Nov. 21. (Special.)
Tho damp, cloudy weather which had pre
vailed hero several days terminated last
night In about a half-Inch fall of snow,
which Is the first of the season. As roost
of the corn Is out of tho fields this first
wluter's fall will be welcomed.
Colif W'htp .Strike North I.onp.
NORTH LOUP. Neb,. Nov. 21. (Special.)
The cold wavo promised by the weather
bureau arrived on time and bids fair to be
continued. About one and one-half Inches
of unow has fallen and It la very cold.
LYNCH ALMOST DESTROYED
Entire Elock of Business Houses on Main
Street Swept Away.
FIRE LICKS UP MOST OF THE TOWN
Starts In n HrNtntirmit nnd Hums
liitll All In Mm Itfiteli tin
lleeii Continued I. Int of
Losses,
I
CltEiailTON, Neb., Nov. 21. (Special
Telccram.) I'ire destroyed the major part
of Lynch, an Inland town sixty miles north
west of here, this morning. The entire
block of business houses on tho north cldo
of Main street wero burned to tho ground.
Tho fire originated In tho rear of Mr3. L.
A. Roth's restaurant from some unknown
cause. Lostos; Harvey Hlsters, millinery
MOO, no insurance; Samuel Galley, general
merchandise, $2,300, insurance il.DOO; Mrs.
L. A. Roth, rostaurant, JCW, Insurance. $200;
W. M. Hfnloy, hardware, $2,900, Insurance
$1,300; Thomas Figgis, drugs, $1,000. In
surance $St0; Dr. Ira, building and con
tents, $1,200, no Insurance; II. Saunders,
building and contents, $2,300, Insurance
$1,900.
SAUNDERS OF H0LDREGE
Ciovernor-Klet't Dietrich Selects Illm
for ANMlstnnt I'li slclmi nt
Asjliint fur limine.
HASTINGS, Neb., Nov. 21. (Special Tclo-
gram.) Governor-elect Dietrich made an
other nppolntmont today In tho selection of
Dr. A. V. Saunders of Holdrego for as
sistant physician In tho stato asylum for
Insane nt Lincoln. Before making the ap
pointment Mr. Dietrich consulted Dr.
Grceno of Lincoln for tho purposo of as
certaining whether or not tho appointment
would be agreeable to him, as It Is xhe
governor-elect's Intention to follow this
plan with all appointments where assist
ant physicians nro to ho chosen for the
various institutions.
Hoy Sent to rciiltentlnry.
STANTON, Neb., Nov. 21. (Special.)
Tho September term of tho Eighth Judicial
district court convened here Monday, Judgo
Guy T. draves presiding. Albert Hohman,
Henry Krum nnd Krank Thorp, nged re
spectively 17, 19 and 20 years, pleaded guilty
to a charge of burglary and were sentenced
to tho stato penitentiary for ono year at
hard labor. The Krum boy has sorved
time In tho stato Industrial school at Kear?
ncy. Herman Ltndnll Is being tried for dis
posing of mortgaged property and the pros
ecution claim to havo u very strong case
against him. Tho Dyrum caso, which cro
atcd such a sensation hero last spring, was
dismissed, tho prosecution asking permis
sion to nolle prosequi. A largo number of
equity cases havo been disposed of and
tho docket will bo pretty well cleaned tip
this week.
The rtal estate market Is very' nctlvo hero
this fall, land selling readily nt advanced
prices.
Knox Tipple has becomo tho owner of
tho Darncs hotel of this city and will ns
sumo control about December 1. Ho op
crated tho Pacific houso nt Norfolk for
a number of yenrs.
Senrlet Fever lit Fremont.
FMHMONT, Neb., Nov. 21. (Special.)
Scarlet fever Is qulto prevalent In tho city,
fifteen cases having been recently reported
to tho authorities. Some of them are quite
serious, while others aro of a light form. A
mild quarantlno has been established. No
cases havo proved fatal and It Is thought
that tho disease will ho soon under the con
trol of tho physicians.
Thomas Dillon, who dropped dead In Sioux
City yesterday, had lived here but a short
time and wns not very well known. Ho left
here only a tow days ago, Intending to re
main permanently In Sioux City. He had
no relatives here, but Is known to havo been
upwards of 70 years of age and a veteran of
the civil war.
Tho county board mot In regular session
today to clean up the year's business.
County Attornoy Martin reported to tho
board his settlement of the ditch cases nnd
his action was approved. J. W. Soxon was
elected steward at tho county poor farm and
will enter upon his duties very soon, Tho
flnanco committee has been In session audit
tng bills nnd a targe amount of routine bust
ness has been transacted.
Hub)' IlrcotitcH Hone of Contention.
WKST POINT, Neb., Nov. 21. (Special.)
A bitterly fought contest over tho pos
session o' a ten-months-old child has been
engaging the attention of Judgo Krahe of
the coiiDty court for soma days past. The
facts of tho case ns revealed by tho tes
timony Indicate that two years ago Miss
ltlrdscll Donahoc, a daughter of Carey Don
nhoo of Uancroft, a prominent citizen, went
to ltvo with Irving M, Priest without hav
frig gone through tho formality of a mar
rlage. Tho couplo moved to Modalc, la.
whera two children wero horn to them out
of wedlock. Ono child died nnd, tho couplo
becoming Involved In domestic trouble,
tho woman left her paramour and taking
tho child returned with It to this county,
Tho father followed and sued out n writ
of habeas corpus In tho endeavor to gain
possession of tho child. The woman Is
only 19 years of ngo and Beems determined
to retain her child, Prominent nttornyn
have been engaged on both sides and the
case will bo fought to a finish. Twenty of
tho most prominent people of Bancroft
aro hero as witnesses.
Jury I'lntU Illm nullty.
PLATTSMOUTH, Nob., Nov. 21. (Spe
cial.) Tho district court was occupied this
forenoon In the case of tho stato against
Chtrles Shoppcrd, colored, who was
charged with having stolen money from tho
storo of John Schlappacasso while scrub
blng tho room. Tho caso was given to tho
Jury Just beforo adjournment for tho noon
hour nnd at 3:30 this afternoon returned
a verdict of guilty. Tho afternoon Mas
spent In trying tho caso of tho state
against William Nation, who was charged
with burglary at Union.
Commencing today tho men employed
In tho Burlington shops at this placo will
only work nluo hours n day.
About ono Inch of snow foil In this
vicinity last night.
Prosperity Evidence.
WISNKH. Neb., Nov. 21. (Special.) Tho
year 1900 has been active In tho building
lino here, F. F. Wagner built a double
two-story brick, tho first floor to bo oc
cupled by a general storo and harness shop
and tho upstairs to bo made Into offices
and n hall. Knoll Bros, put up another
brick, to bo used by thorn as a saloon. Tho
town has built o nlco brick pumping sta
tlon and extended tho water mains, put
In n Inrge gasollno englno and supply
pump and all of this without bonding tin
town! With the ones now under construe
tlon thero will bo fourteen substantial resl
deuces added this yoar besides many now
barns and additions to other residences.
Will lie No Suircrlnn nt Fnriiiini,
FAR.NAM, Neb., Nov. 21. (Special.)
Tho long delayed storm reached hero yes
terday, leaving us from thrco to four Inches
of snow on th? ground this morning. Thl
Is welcomed hero, though, owing to tho
drouth last Benson, tho supply of fodder I
limited and It will bo proportionately hard
on tho Btock that Is compelled to rustle a
living during tho winter. Vet every drop
ot moisture is a harbinger of good for th
luiurc. .uany famines nave moved away
from bore, but those who remain feci con
fldent that tho next season will bo a good
one. Though tho failure of crops was hard
on the people, there will ho no Buffering for
want of food or clothing.
MISS MORRISON ON TRIAL
Kldnrnrio's Scnsiitloiiiil Cane Opened
Vo ii ti u Woman to .lustier for
CuttliiK lllviit'n Tliront.
ELDORADO, Kan., Nov. 21. When Judge
C. V. Shlnn announced tho ense the court
room wns crowded with spectators. Among
them wero a dozen women, clerks In tho
store where Castle and Miss Morrison had
worked, or' neighbors of tho dead woman
and her husband. On a front scat sat Judfee
Morrison, the aged father of the alleged
murderess, and back of him, crouching low
to escape tho gaze of the curious, young
Castle, for tho love of whom, tho state will
contend, Miss Morrison killed his wife.
Presently Judgo Morrison left the room,
accompanied by the sheriff. A few minutes
later tho two men escorted Miss Morrison,
slender and frail looking, to a. seat bcsldo
the Judge's desk. Tho prisoner was dressed
plainly nnd bore a dejected appearance,
Sho sat quietly through tho proceedings,
making no comment and hardly speaking a
word. Her five months' confinement In the
county Jail had apparently changed her
completely.
Yesterday Sllss Morrison's attorneys filed
pica In abatement, asserting that tho
preliminary hearing had not been regular
and that the prisoner therefore could not
bo tried on the chargo of murder In the
first degree Tho state's attorney moved
that tho pica ho amended and asked that
tho case proceed.
Soon after court convened at 1:30 o'clock
counsel for tho state filed a demurrer to
tho plea In abatement made by the attor
neys for Miss Morrison. Tho afternoon was
spent In arguments of counsel on both sides.
.Miss Morrison nnd Olln Castle sat a few
feet from each other during tho nfternooti
session, hut neither oven glanced at tho
other.
Judgo Shlnn sustained tho stato'o de
mur! or and told tho defense td prepare Ub
amended pica. After tho amended plea was
tiled, read and nrgued tho court overruled
tho plea In abatement. A motion to quash
the Information was filed, and it too, was
overruled. Miss Morrison and her attorneys
held n conference, nfter which a motion for
continuance was filed, Tho motion for
n contlnuanco is on the ground that ouo
of tho principal witnesses for the defense
Is absent from tho stnte and cannot bo hero
at this term of court. Judge Shlnn over
ruled tho motion for a coiitlnuanco and
set the caso for tomorrow.
THAT DOUBTFUL STATE, OHIO
Secrctnry'o Stntlntlcs SIhmv How I)nn-
Kcrously .cur Ilryim Didn't Come
to CnrrjiiiK MuKlnlcy'n Home.
COLUMDUS, O., Nov. 21. The secretary
of stato today completed tho official count
of tho ballots for presidential electors.
Tho result shows: McKlnlcy, C43,918;
llrynn, 474,882; McKInley's plurality, 69.030.
Tho total vote was 1,049,121. Four years
ago McKlnloy received a plurality of 51,109
otu of a total of 1,020,109. Tho Increase In
tho total vote this year was 29,012.
Hy a coincidence, llrynn has exactly the
same vote as ho received In 1S98.
PKXSIONS FOIl WUSTEHS VliTRUANS.
Wur Survivor Heiuciutioroil lijr the
(icncriil (ovcrnuiciit.
WASHINGTON, Nov. 21. (Special.)
Pensions Granted of tho Issuo of Novomber
wore; '
Nebraska: Orlclnal I'errv H. Tnte. Dll-
ler. $10. Additional Iteuben McVev. Hureh-
nrd, id. Increase George Colby. Elgin. $10.
Original widows, etc. Kmmil J. 'Hull, Dan-
uurv. ix: minors ot i'errv i: ritimu. Dun-
bury, $10.
lown: mho i). uaiiev. t;oon iianids. 16:
Albert W. Morgan. Marshalltown, S; Clans
Cordes. Manson, $fl; David Lowe. Volga. $0:
John Doudnoy, Wilton Junction, $fl. Addi
tional josenu u. misnyuuor. snet ueui. is.
Increase William II. Seymour, Dallas Cen
ter, original widows, etc. ulvllla An
drus, Glldden, $8 War with Spain, original
Alvln Simmons, uolumtius junction, $0.
South Dakota: Orlclnal-James J. Wolf.
Sioux Fnlls, (S.
llcfiiiiillitK to lie Hlxc ontliincil.
WASHINGTON, Nov. 21. Secretory of
tho Treasury Gago today Issued tho follow
ing circular discontinuing tho refunding
operations:
Treasury Department. Office of tho Sec
retnrv. Washington. D. C. Nov. 21. 1900-
Ileferrlng to tho circular of March 14, IW.
known us tho "refunding circular," which
invited tno nttentlon or owners or united
States 3 per rent bonds, loan of 190S-191S:
ner cent bonds, under loan of 1907. und
per cent bonds, loan of 1901, to tho pro
visions of the net of Mnrch 14. 1P00. reia
tlvo to tho exchange of such bonds for 2
oer cent consuls of 1930. as authorized by
raid act, public notlco Is hereby given that
it is me purpose or tne department to sui
Dond refudlns operations under the nbovo
circular. AH persons interested nre tnero-
foro hereuv notl led tnat honds Intended
for exchange Into 2 per cent consuls must
be forwarded for that purpose not later
than December .11. 19).
Thn circular of Mnrch II. 1000. Is hereby
rescinded, to tnke effect In accordance with
the provisions ot tills circular.
(HlgllCd) 1j. J. UAliW,
Secretnry.
Under tho refunding operations tho treas
ury ho3 exchanged nbout $355,000,000 for 2
per cent bonds, thus saving a largo sum in
Interest to tho government. Up to October
31 tho 2 per cents issued In exchange for
other loans aggregated $315,530,750, It Is
belloved that the fixing of a dato to clro
tho refunding operations will hasten ex
changes. Tho treasury officials bcllovo that
beforo tho closo of December tho total ex
chango will amount to over $100,000,000. or
nearly half tha nggregato of tho various
loans subject to refund when the original
clrculnr was Issued.
Addressed by Secretary Wilson.
WASHINGTON, Nov. 21. Very little
business was accomplished at today's ses
sion of tho National Grango, Patrons of
Husbaudry, most of tho time being occupied
by au address by Secretary of Agriculture
Wilson on tho work tho department Is
doing for agricultural Interests. Ho paid
tribute to tho lnlluenco and Importanco
of tho Grangers to tho farmers everywhere,
reviewing tho operntlon of tho various
branches of the agricultural department,
and particularly the efforts being made ,to
secure wider markets abroad for products
of American husbandry.
Tho report of tho committee on dormant
granges, mado by C. O. Italno of Missouri,
evoked a prolonged discussion, No action
was taken. Tho report of tho comraltteo
on mlleace per diem, mado by Arnold Nau
daln of Delaware, was ndopted,
At tonight's session tho grango formally
adopted tho report ot tno commltteo on
dormant granges, tho recommendations it
contained sotting nut tho manner In which
Interest In theso bodies should bo revived
Vnrlous resolutions woro adopted, Includ
ing ono urging support of tho Huffalo ex
position and nnothor thanking President
McKlnloy for placing tho Department of
Agrlculturo In such "njdo and qualified
hands" as thoso of Secretary Wilson nnd
Assistant Secretary Hrigham.
Wood' Cnnuiilly List.
WASHINGTON, Nov. 21. Tho following
casualty list has been received from Gen
oral Wood at Havana'
"Manzanllln, November 11, Corporal Wil
liam E, Mcnkenshlp, Troop C, Tenth cav
airy, drowned. Matanzas, November 16,
Prlvato Edward J. Sullivan, Company C
Second cavalry, yellow fever,"
Opcrnlorn to Get Moro Vay,
CHICAGO. Nov. 21,-Salaries of tele
graph operators on tho lllg Four system
aro to bo materlallly advunced. Operators
now receiving $50 per month will receive
$.V; thoso getting $54 will bo advanced to
$60 and the ones who nro now paid $1
will be raised to $70. Tho Increases aro
mado after a numner or conferences tie
tween tho employes and officers of the
roaa.
llitlfP (TinV Pflll ltltr I lTr0
lit Kit. A I 111 rllll A (If I.AlMJN
lllimmilVm lUll tllU LiinUJ
I
I
1
Congress of Western Men Mcots at Chicago
, ...
to xacnanco Views,
LARGE NUMBER ATTEND FIRST SESSION
President Klnouil Mende of Clioyriitie
Culls .McrtliiK to Order, Only
ItunliirsN of n Preliminary
future llcliiir Trunsitcteil.
CHICAOO, Nov. 21. The ninth nnnunl
session of the National Irrigation congress
of tho United Stntcs was opened under
most nusplclous circumstances, Tho con
vention was held In tho Central Musi", hall
and was called to order by President El
wood Mcndo of Cheyenne, Wyo., who intro
duced Dr. Hownrd S. Taylor to welcome the
body to Chicago. Dr. Taylor made n long
speech on tho objections to annexing tho
Philippines In order to Justify a briefer
statement that no ono would object to en
laigtug tho country by reclnlmlng Jho nrld
lands of the west.
The president next Introduced Oeorgo H.
Mnxwoll, chairman of tho executive com
mittee, who delivered u response to Dr.
Taylor's welcome.
Mr. Maxwell was followed by President
Mcado himself, who made an additional ic
sponsc. Tho program of tho congress calls for
threo sessions tomorrow.
Tho following nrc tho officers of tho Na
tional Irrigation congress; President, 121
wcod Mende, Cheyenne, Wyo.; first vlco
president, S. M. Emery, Ilozemnn, Mont.;
second vlco president, L. W. Shurtllff, Og
den, Utah; third vlco president, C. II. Hurt,
lioswcll, Idaho; treasurer, T. L. Cannon,
St. Louts, nnd national lecturer, Georgo II.
Maxwell, Chicago,
CHINESE RESIST ADVANCE
llcliiforccnieiits .Hunt lip Sent Will-
dersre to Hcturii the Vlcc
roj'N Visit,
IlEItLIN, Nov. 21. Count von Waldcrsoo
cables from Peklu that ho will return the
viceroy's visit today. Ho has advices from
Colonel Vorlck's corps showing that the
Chinese general, Ho, with 10,000 regular
troops and much artillery, Is near Kalgan
prepared to resist energetically a further
advance ot tho expedition.
Colonel Yorlck therefore will await re-
nforccments beforo nttcmpttng to proceed,
Men of Wur Auulii Merc hnntmcii.
LONDON, Nov. 21. Tho Uussian govern
ment, according to tho Odessa correspond
ent of tho Times, has ordered all except
hrco crluscrs of tho volunteer fleet to re
sume commercial functlous.
DEATH RECORD.
Andrew K. Anderson.
WISNEIt. Nob., Nov. 21. (Special.) At
his homo in Wlsner Wednesday morning.
Andrew K. Anderson died at tho ago of 59
years. Mr. Anderson camo to Cuming
county In 1869, from Norwny nnd took up
and north of Wlsner, whero ho resided
until u few years ago, when ho moved to
town on account of poor health. Ho leaves
wlfo and three children In excollcnt cir
cumstances. Tho funoral will bo from
the Norwegian church Frldny afternoon at
o'clock.
Colonel Ynrilley of Virginia.
CHICAGO, Nov. 21. Colonel Thomas
Woolston Yardley, ono of tho oldest en
gineers in tho Iron end steel business In
the country, died today, nged 76 years.
During tho civil war Colonel Yardley was
on General Thomas' staff. Ho camo from
one of tho old Virginia families, his grand
father, Georgo Yardley, being the first gov
ernor of that state.
No DccInIoii In Norfolk Car.
CHICAGO Nov. 21. Discrimination in
freight ngalnst Norfolk, Neb., nnd Chicago,
was again tho subject of Inquiry by the In
terstate Commerce commission today. No
decision wns given out.
Ono moro caso, that of James C. McCrow,
ngalnst tho Missouri Pacific Railway com
pany, charging discrimination, will be
heard beforo tho commission returns to
Washington.
llot'n I'uurrsl Frldny.
niTATtr.KKTOWN. N. II.. Nov. 21. Tho
funeral of Charles H. Hoyt, the playwright,
will bo bold Friday iitlernoon irom St.
Luko'H Episcopal church in Charlestown.
Services will be conducted by tho rector,
Itev. S. H. Lasslter. assisted Dy Hov, llow-
ard F. Hill of Concord. N. 11.. who was n
fellow member oi two jsew tlnmpsiure leg
islatures with Mr. Hoyt. Of his friends
from outsldo tho town alrendy here are:
Mr. and Mrs. Frank MoKeo of New York;
Dr. and Mrs. llenry .vic.viaiiiis or iiartroni,
Conn.; also Mr. lloyt's maternal relatives,
Halo Dnrstow of Lebanon, N, II., nnd Mrs,
I.oulso Hurnhnm nnd daughter of Norwich.
vt. Oeomn II. Dickinson of tho Atlanta
Journal, his lifelong friend, Ib nlso expected
Gronni Still Await III Ilrldc.
ST. JOSEPH. Mo.. Nov. 21. (Sneclal.l-
Joscph Klelnfelter of South St. Joseph has
6 MMB7VW.FMlLJlnrbFHir
A Book foj OSpIs
ana Woman
IS T tells plain facts that everyone of the gentler sex J
M i....... ii. ...... v rL.
nam. trouble and anxietv.
sent upon request, to one person or to different ad
dresses. If the readers of this announcement know of
expectant mothers, they will do them a great favor by
liavinj; tins uook sent to tnem. naurcss me puoiisners,
3 TUE RIUDFIELD IlEGCLATOR
Sfop SufFeriiia
Ro, Ark., July 25, 1899.
I have beta troubled a great deal with leucorrhoea, but since using Wine of Cardul and Thedford's Black-Dwight
they have entirely stopped and I am pleased to recommend them to any one afflicted as I was.
Mrs. JULIA LARNE.
All pleasure Is banished from (he lives of women who suffer with leucorrhcea. Yet so many
women suffer that malady as if the pain and ajony they endure were necessary. It is not a part of
Nature's program for this offensive drain to tfo on month after month. If you have leucorrhcea, or any
other "female ill" the first thing you should do is to get rid of it. The easiest and most effectual
way is to take
WINEofCARDUI
Wine of Cardul stops the disorder by strengthening the afflicted organs and regulating the menstrual
flow. Your experience with Wine of Cardul would be as happy as ,1s that of Mrs. Larne and Mrs.
Stanfiil. We ask you to give the medicine a fair trial. Druggists sell $1.00 bottles of Wine of Cardul.
I have been taking Wine of
It is the best medicine In the
found thnt not all the courtships carried on
nml consummated by tho correspondence
molhoil eml romntlcHy- nnd happily. A
few weeks ngo he became engaged to
Mrs. Jano Drnndt of Cnrtorvltle, Mo., nnd
she lvns In eiiinn In HI .timmdi Hundav
ovenlnc on a Missouri I'ncliie train They
.had never mot, but had exchanged button
pnotograplis, anil eacli was to wear one
V. ,,,--fl.- .? 1, ,114,1 r l,L 1. 1,11 111 i i. mi,. ... i
make matters sure tho button photos werei
to be droned with crecn ribbon. Hut Mis. I
llrnndt did not come nnd the crowd of 200
people which had gathered nt the depot was
disappointed. A message announced that
Mrs. llrnndt would come last night and
Klelnfelter wns there ngnlti. The crowd
taw tluit he was to bo disappointed again
and dressed u waiter girl froni n nearby
restaurant ns he said his bride was to be
dressed nnd attempted to deceive Kleln
felter. but tho trick wns unsuccessful, lie
Is still looking for his bride-to-be.
I.onelj- AViniien Itolilied mill Murdered.
t'HAHLOTTU, N. C, Nov. 21.- Two old
women, Violet Colley, 73 yours old, nnd
niece, Jane Cath Colley, who lived alone,
live miles from here, were murdered last
night, robbed and their bodies burned. Tho
old women were reported to bo wealthy.
Thero la no clue to tho perpetrators of tho
deed.
Decide on S) nipii tlii'tle Strike.
TAMPA, Fin.. Nov 21. Tha federal trades
nssembly has decided on u general sym
pathetic Btrlke. No settlement hns been
reached In tho clgnrmakers' trouble. The
local company of militia remains under
arms.
Found Demi on III I'nrch.
LEXINGTON. Ky.. Nov. 2t-Chnrlos S.
Mllwnrd, age J 35, a prominent merchant 'f
this city, wns found dead on his tear por-h
early today He had been shot, but whether
by himself or hy another Is not known.
MERCURY TO CLIMB UPWARD
Wcnthcr Forccnst for Todny Include
Itiiln or Know. l!h Wind He
coiuIiikt Variable.
WASHINGTON, Nov. 21. Forecast for
Thursday and Friday:
Nebraska Cloudy and warmer, probably
rain or biiow In western portion; Frldny,
rain or snow; colder In western portion;
southerly winds becoming variable.
Western Texas and Now Mexico Fair,
Thursday and Friday; southerly winds.
Oklahoma and Indian Territory Fair
Thursday and Friday; east to south winds,
Arkansas Fair Thursday and Friday;
easterly winds.
Indiana and Illinois Fair Thursday; Fri
day threatening und warmer, probably rain,
frosh toutherly winds.
lown Cloudy Thursday; warmer In west
ern nnd central portions; Friday, cloudy,
probably rain; warmer In eastern portion;
southerly winds.
Missouri Fair Thursday; warmer In
northwest portion; Friday, cloudy and war
mer, probably rain; east to south winds.
North Dakota Generally fair Thursday
and Friday; not bo cold Thursday; varlahlo
winds.
South Dakota Snow Thursday and prob
ably Friday; not so could Thursday; vari
able winds.
Knnsas Cloudy Thursday; warmer In
northern portion; Friday, rain or snow,
probably colder In western portion; south
erly winds,
Colorndo Fair In western; rain or snow
In eastern portion; Thursday and probably
Friday; coldor Thursday In eastern portion;
variable winds.
Wyoming Snow ThurBdny; colder In
southeast portion; Friday cloudy, probably
snow; varlahlo winds.
Montana Fair In enstefn; probably snow
In western portion; Thursday not bo cold.
Frldny fair; variable winds.
Local Itccoril.
OFFICE OF TII12 WRATIHSlt VH'ItEAU,
OMAHA. Nov. 21. Official reoord of tem
perature nnd precipitation compared with
tho corresponding day of tho Inst threo
years:
1IKI0. 1899. 189S. 1897.
Mnxlmum temperature.... 28 53 22 38
Minimum tompernture.... 12 47 G 22
Precipitation 05 . 59 .22 ,00
rtecord of temperature nnd precipitation
at Omaha for this day and slnco March 1.
1900:
Normal tcmpcrattiro 31
Deficiency for tho dny u
Total excess slnco March 1 SMi
Normal precipitation 03 lurli
F.xce3s for tho day 02 Inch
Total rainfall since Mnrch 1 29. ',1 Inches
Excess slnco Mnrch 1 1.24 Inches
Deficiency for cor. period, 1893... 4.73 Inches
Deficiency for cor. period, 1893... 3.43 Inches
llrporl from Station nt H P. M.
a3 SB
STATIONS AND STATB
OF WEATHER.
: c
Omaha, cloudy
North Platte, cloudy
Cheyenne, clear
Salt Lake, cloudy
Itapld City, snowing
Huron, cloudy
Wllllslon, clear
Chicago, partly cloudy,...
St. Louis, clear
St. Paul, cloudy
Davenport, cloudy
Kansas City, clenr
Helena, partly cloudy
Havre, cloudy
Hlsmnrck, clenr
Galveston, partly cloudy.
! 26 28 .00
31 3S .00
4S 52 .00
4S 50 .00
IS 22 .11
IU 211 T
I I V
31 31 .00
40 40 .00
20 20 .00
32 32 .110
3S 3S .00
-2 4 .00
l-io . r, .oo
I G til T
I 71 7S .00
T Indicates traco of precipitation. Zero,
L. A. WELSH,
Local Forecast Official,
SENT FREE
r i
One or more conies
Sprtai Ikt
Chi
Tidinjs.
CO., Atlanta, Ga. 2
Cardul for leucorrhoea and It has been of such
world,
In caces requiring special directions, address, giving
symptoms, ''Thn l.iullei' Advisory I)partment," Tho
Cimtanooga Medicine Company, Cbauaooot;, Tenn.
ROTTENNESS IN CLEVELAND
Member of City Council Tell of
llrlhc AIIckciI to lliivc llcen Ac
cepted hy FcIIimv Member.
CLEVELAND. O., Nov. 21. A Bcnsatlonnl
affidavit, mado by Charles W, Lapp, a mem
ber of tho city council, wns made public
today. Councilman Lapp Bwrars that Coun
cilman White told him thnt "the gang"
(meaning certain members of tho council)
received $5,000 for their votes on tho pollco
alarm contract and Intimated that $5,000
more was to be paid for their votes on u
contract for the new city lire alarm sys
tem. Cattle Mmt ticl llea- llntunuc.
NEW YORK, Nov. 21. Wllllitm llruoiir,
an exporter of cattle, obtnlnivl u verdict
today In the supreme court In n Hull
brought by him against (he Oceanic Steam
Navigation company for $10,000. llrneur's
notion was for the recovery of $l."0,wo.
Hrneur claimed thnt he exported about
Jii.Wi.OOO worth of cuttlo every year to Eng
land ntid made u contract with the de
fendant corporation for the shipment of tlui
stork by Its Bteniners. Tho defendant com
pany. Instead of carrying out the siiartcr,
he nlleged, placed certain restrictions In tho
way of shipping the cuttle which caused
him considerable loss. Certain days wero
specified for the shipment of tho cattle, too
late for the Inspection of them by the gov
ernment Inspector, with thn result that
they could not bo shipped. The defense was
thnt tho alleged charter was never consum
mated, hut that mi ngreeiuent for tho exe
cution of such a contract was under con
sideration. BREATHE
BREATHE IT DAILY
It only requires flvo minutes of your tlmo
now und then
TO STOP A COUGH.
It Is only ncccBsnry to Inhale It four times
dally
TO CURE CATARRH.
To breathe It for flvo minutes every hour
CURES CONSUMPTION.
Asthma, Bronchitis and Croup cannot
exist whero It Is used dally.
Our written gunranteo to refund tho
money In cubu ot failure to euro Is In every
outfit. If you still doubt thesa claims wu
will rend you flvo days' treatment free. All
druggists or sent by mnll. Complete Oul
tltH, $1.00. Trial Outtlts 25c.
T1IK II. T. 1IOOT11 CO., Ithncn, X. V.
Strong Nerves
are the true source of good, healthy
appearance.
rersons with half-starved nerves al
ways look worried and "dragged-out."
You cannot be happy without nerve
vigor; you cannot be natural without
nil the powers which nature meant you
to have.
produce a healthful glow which art
cannot Imitate. They Invlcoratervery
orgnu, put new force to the nerves,
elasticity to the step and round out the
face and form to lines of health and
beauty.
$1.00 per box: 6 boxes (with written
guarantee), 8.Y0O. Hook free. 1'kal
MuuiciNK Co., Cleveland, Ohio.
Bold by Kuhn & Co., 15th and Douglas,
and J. A. Fuller & Co.. 14th and Douiclua.
NO CURE, NO PAY
It tou havo imaJl. weakonrAtif.
lORt purr or urakrnlnir drain,
our ncuutn On:n Ievelor will
miorn you wuumit clrtiira or
elccti-lcilyi 33,000 In tici not ons
failure i not nnn returned i no C O II, fraud writ for
partlcMilarff. sent i-ralei! In plain envelope.
10CAL APPLIANCE CO.. 414 Cniries 3ior. Denver. Cola
Hungry hair is tho
Hind that's thin,
early turns gray,
InllH or combs nut
easily; is d r y,
harsh, brittle, split
ting at ends. Un
healthy hair Ik u
Burl ous matter.
Don't trlllo with or
v)li nelcct It, Con
t)'m sl(ler cnuso and ef
al ("" f,!Ct! overcome cf-
v v ieci n y rounieraci
f SS- ing cause. If hnlr
f'& ls .hungry feed It
hair food, Teed it
Wltll .1 I! 11 II I I a
(means ynuthfulness) n time-tried relief
remedy for Bcalp affections. Unequal,
ed for removing dandruff, restoring
nntural color, gloss, luxuriant growth
anil beauty to your hair. You'll notlco Im
provement nt once, nn entire change for
the better after a few applications. Hnnd
somo hnlr. tho envy of all, easily ncqulreil
applying Juvotmlls. Nova. Robinson, hair
dresser. Ironton, O.. writes: "I never saw
anything to equal Juvenalln for the hair."
Hold nt Roston Store.
Nesblt, Mo July 27, 1899.
great benefit to me that I believe
Mrs. C ). STANFIIL.