THE OMAHA DAILY 7VETC: TllTHSDAY, JANUARY 21, 1001. 8 NEWS OF COUNCIL 311011 MHXTIOX. Davis sells Rinds. Davis nella drugs. Mr. Illloy," R-cent cigar. l'lno Missouri oak. Gilbert Hros. Oaa fixtures nnd globes tit Itlxby's. l'lno A. H. C. beer, Neumnyer's hotel. Wollmnn, ticlontltlc optician. C0 B'd'y. Schmidt's photos gunrnntccd to please. Moore's stock food kills norms, fattens. W. J. Hostctter, dentist. Haldwln block. Lcffcrt, Jowcler. optician, 23Uroudwny. Drink Uudwelser beer. L. Hoscnfcld, ngt. It. Morgan of Third avenuo Is 111 with KMl's!t Josephine Scahlll Is convalescing from grip. Picture framing. C. K. Alexander ft Co., til Hroadwny. W. 1'. (Jraff, undertaker and dlslnfector, 101 South Main Htrcot. 'Phono 60G. Get your work dono at tho popular Kaglo laundry, "21 lJroadway. 'Phono 16.. .1 II. Atwond, formerly of Council Muffs, now of Chicago. Is visiting friends here. Morgan & Kl?ln, upholstering, furiilturo repairing, mnltrcsi makliiB. 123 H. Main st. Iti.v. Henry DeLong will po to Nooln, la., today to nsslst Itev. I. 1'. Kelley In " scries OI revival inri-niKH. . I A want nil In The. lice will bring results, i The snmn attention given to a want ad In Council llluffs as at the Otnaha olllcc. I Th Woman's nuxlllary of draco church wlll meet this afternoon nt t no nomc ii . Mr Pnrrest Hm th. Madison nvotiue. olxetnil Hi t.re". eeit of 1 1 o State Association of County , HlllicrvisorH yemeruiiy in ... ...... .... ... ..... ... .1 matt .11 1 .mf,, . m Council Hluffs lodge No. M. Star of Jupi ter, will meet tonight In Woodmen of the World hall. The deputy will bo present The Athenian club will meet this after nomi at the home of Mm. S. W. Heynolds, Seventh avenuo and Seventeenth street. Bhcrldnn coal, Onco tried always used. Smokeless", ni 1'rlre $5, J.lfjO. no coot, dinners nor suiihiui. l'enion v r oiey, miuu kiii. Gold lielt Mining. Milling a.iu i-rospeei compnny will In; held I-rliiuy. .:.su p. m.. in the omen or mig.ii iiu uwiii. IHuff"ldH"nlK.? r?.th"rh oVTiu! road Trainmen, nt Hoynl Arcanum hall Thursday evening, January 21. Mrs. W. C James. ,V ."""i.Vr V,t I V.A. ' rn;,.;- rMiir, e,i ionm vesterdav. accompanied by M i h. I'almer, who is on her wbv east. The case against H. M. Dowern In Justin; l.'errler'H court In which bo was charged with felling a Ktolen liorsn to Jack IMiinell, n siiloou keeper, haw been dismissed for want of prosecution. Maxwell Hron. have suspended business nx grocers at Fifth avenue and Tenth street and lioth members of the llrm nro said to have left the city. The store was recently damaged by llro and the natvaged stock Hold off. Archie ("ostello was before Judge Ayles worth In police court yesterday morning on n charge of vagrancy. As Costello proved he was the master of three languages, hug llsh, German nnd French, the court allowed lilm to continue on Ids wny. John X. Baldwin lias been chosen to de liver the principal address of the day at the observance of John Marshall day at tho Iowa Stato unlvtrslty on February 4. An elaborate program nan been prepared and exercises will be both afternoon and even ing. Tho Justices and constables appointed by tho Hoard of Supervisors to till vacancies nro slow In qualifying and It looks now as If thn board when It meets next month will have to appoint another batch. Those unpointed at the recent session of the board have until February 1 In which to qualify nnd tile their bonds. William MeMullen. living at Sixth avenilt and Twenty-ninth street, was arrested Into ( i ii i morning the court illscliargen mm pern nig good behavior. MeMullen claimed be had the right to ehasllse Ills boy when he mis behaved and I'ulri he minded his own busi ness and other peoplo should do tho Hnnle. Mrs. I.ensuro nnd her daughter. Mcda, while out driving In u buggy last night, collided with another rig on I-oiirtli avenuo and Tenth street. Until were thrown from the buggy, which waa overturned and con siderably damaged. Tho elder woman was taken to the hospital, as It wn feared she was Injured Internally, while the daughter was taken to the police station. Hoth were under the lntluence of liquor. ben placed 1n the female ward at the Jail tho young woman .lashed out all the windows, broko up the bed and made things lively for the ulllcers for several hours. Hid Smith Russell's great play. "A Poor notation," will bo nt the Dolutny tbenter tonight. The utmost care Iiuh been taken in the iitaglug of this piece to make It a complete and perfect production In every detail. Tho scenery, property, models, etc., are all new. inuklng It a production worthy f il. l,l..l,..ul tmirll. Tho storv of "A Poor Relation" keuim one Interested from begin ning to end on account of Us ilraninuc strength, amusing situations, bright and .ii.. i. nini muMterftit construction, IIowellH has written of It that "It Is u poem In laughter and tears. Frank ICeenan. who plnyn Noah ale, Is one of tho most dnctuoim uutom America bus given us; his facial expression Is won derful; by Its power the audiences aro con vulsed with laughter; his pathos s of that nulct, convincing character that holds you In iinxlouH concernment throughout the play. N. Y, Plumbing Co., telcphono 250. Fresh VaccJno Points received every day .t Doll G. Morgan's drug store. Howell's Antl-Knwf cures coughs, colds. Ileal llfctnti' Transfer. Tho following transfers were tiled yes terdav In the Abstract, title and loan office of J 'W. Squire, 101 Pearl street: C. II. Crispin und wife to A. KiIko- comb. e'V. ueVt rt-77-44, w (I $?.M Sheriff to N. S. Wilson. lots Hi and li. block I. Wrlgbt's add, h d..... tJ Administrator and bctrs of IhnmiiH Officer to Soren Thomson, lot . block 2. Dubbin Place, anil lot II. block 3, Mynster's Hentou Street add, q e d John Mnder and wife, to Soren Thom son, lot 1, block 2, Habbin Place, q e d 50 Cbnrles T. Officer and wife to Thomax Officer, lot 1, block 2. Habbltt Place, q c d "M James D- Wilson and wife to Walter O llattcu, lots l.i, II, it. in mm -u, block 5, Squires' add, w d I Six transfers, total DON'T BE IN A HURRY When you como to our store, liok around nnd exumlno tho different styles of our shoes. Wo aim to keep something thn,t will pleao you. Wo don't claim that our shoes will last forever, but wo do claim they will nt perfect, look well and wear longer thnn a poor quality shoo that costs tho sauio money If not more. It's good quality ami low prices with this store. SARGENT5 Look for the Bear. FARM LOANS Negotiated In Kaftern Nebraska nnd lotvn. Jnmeii N. ..ynsuuy, r. 12U Main St , couucii jhuiis. Save Your Money; JJy llnvcstlns f With the hA VINOS, LOAN AXU IIUII.III.Mi ASS'.l, i:m I'L-url bticet. Council lllutfa, la. William Stull of Omaha complained to mo bill over tho rountpr to tno nooKKceper in police UiHt night that a bouse of bin nt 1021 ,)avl(1 nrn,iPV & ro.'s ngrlcultural Impie ties iTlmik' 'thieves" "0"Ie,tll ot tl10 nient house on South Main street. The book- ?i .!.. f -(....iitmlderH of the keeper politely Informed tho woman that Tuesilay nlglit on eompiaiiii oi ti ii.-irtniiwi. . (0 .. for )t wtn, jJy namo is nerina leii struck his son twenty-three times with I In Omaha." Relieving thnt he had an Insane a heavy whip. In police court yesterday I womnn on ,H hands Officer Cnllnghan de- INTEREST FROM IOWA. BLUFFS. MAY GET A SORGHUM. PLANT Council BlufFi Ha a Proposition from Smith Ktfining Company. MERCHANTS AND MANUFACTURERS CONFER Only Ilium l.onkril for in inlil to He Hie Cost of TrnunfcrrliiK 3lielilne iiml IliiiilpniPiit from Hunting. A meeting of the Merchants' and Manu facturers' association has been called for Saturday night at the city hull for the pur pose of considering a proposition from the Smith Refining company to romovo Its sorghum mill nnd plant from Hastings. Neb., to this city. Two years ago the peoplo Interested In the Smith sorghum plant In terested local capital and established a .,,, u ,u .ft.1rln,T nf nrn. '" ;"""":.:".," ; ",";;. serves and goods of a Blrollar character. The business haB prospered and the com- pnny now proposes, under certain condl- . remove Its sorghum plant from Hastings to this city. It Is understood that tho only bonus asked Is the cost of trans ferrlng tho mnchlnery nnd equipment hero. .STIlAMill "WmTmAX FlUlM OMAHA. hi Ask nn Implement Homo for n Tli'Uot nnit n Train. "(live mo a ticket to Silver City nnd re turn, good for four weeks," snld a woman yesterday nfturuoon, as she handed n ?20 Bho nwi mlstnKen tno piaco auu imu ii was not n ticket ofMCe, ..oh but my husband, ho Is a Jowelcr In Omaha, gave me tho money, nnd I want t0 go to Silver City to see same friends whom I have not visited for several years. """t " K " tM evening's train," tho woman replied, taking no notlco of tho book keeper's remark that she was In tho wrong place. Again tho bookkeeper nttcmpted to Impress upon tho woman the fact that sho wns out of her moorings, nnd that he could not accommodate her with n ticket, but tho woman did not appear to pay any attention Leaving tho $20 bill on tho counter sho seated herself In a chair nnd concentrated her gnzc on tho street, l'lcklng up the money the bookkeeper left his desk, crossed over to where tho woman waa seated nnd hnnded her tho bill again, telling her It was not n ticket olllce. Putting tho money back In her poeketbook tho woman commenced to tell tho bookkeeper, who by this time was becoming nervouslind had confided his suspicions to other members of tho clerical forco that the woman was lnannc, that her husband hnd promised to buy her an auto mobile nnd that a soon as sho got It she! would tako him (the bookkeeper) for u ride. Tho bookkeeper thanked her .nnd notified ono of the clerks to telephone for the police. When Officer Callnghan reached Ilradley & Co.'k o.llco the woman was still sitting looking out of window. When sho saw the officer sho said: "You nre tho station mnster. are you not? I want a ticket to silver City, and. see, I havo plenty of money elded to humor her, nnd paid ho was, tho station master and that if sho would como with him he would tako her to tho stntton where she could get a ticket, to Silver City. On reaching tho city Jail tho woman looked around her nnd rcmnrked: "Well, If this Is not n funny looking railway station. When can I got my ticket nnd whnt tlmo does the train leavo for Silver City." Turing to Chief Albro she snld: "Whnt do you think of my new red hat? I bought that this nfteruoon for $4.50. Don't you think It Is pretty?" The chief noticed that tho woman was wearing her Jacket wrong sldo out. and she remarked. "Oh. that Is tho latest style, you know. This Is nn autl mobile cont, and when I get my automobllo I will tako you for u rldo with me." After considerable questioning tho woman said sho lived at 1!)03 Farnom street, Omaha, with n family named Church til. Word wa3 sent to Omaha nnd Inst evening Mrs. Churchill enmo nml took the woman home with her From Mrs. Churchill It wns lenrned Hint tho woman hnd been nMlng strangely for sov erul days, nnd thnt word hnd been sent to n sister In Denver to como nnd tnko caro of her. Treasurer Mny Tnke HU Cliiiiiee City Attornoy Wndsworth gavn It ns his opinion yesterday that, whllo City Treas ur,cr Truo might legally dlstrlbuto among tho property owners entitled to it tno money deposited by the motor company for tho paving on South Main street without Instructions from the city council, U was loubtful If ho would bo wholly safo In doing so. Ilo saui: wmio as uir an i can muu there Is nothing in tho law requiring any action on tho part of tho city council be fore tho city treasurer could make a dis tribution of such money, I very much qucs tlon tho advisability of him doing so Questions might nrlso ns to the proper parties entitled to tho money nnd tho city rensiircr would bo on tho safe slile U no only paid out on orders from tho city council. Tho people who paid for tho pav ng on Main street nro certainly entitled to their shores nnd It does look to me na If some nrrnngement should bo renched without tholr having to appeal to the courts whereby tho money might bo ills trlbutcd. Tho property owners can cither mandamus tho city treasurer or tfco city council to compel them to disburse thl money nnd I am Informed they will do so If there Is much more delay in the mat tor." The law on tho matter Is contained tcctUm &.15 of the code, which Is n follows "Ileforo any street rullwny company ehall lay Its tracks upon nny street that has been paved and which at the tlmo Is not bein repaved, It shall pay Into tho city treasury the. value of nil pnvlng between Ms trucks and ono foot outsldu hereof, which vnluo bhall be determined by tho city council, but In no case shall exceed the orlglnnl cost of the paving, nnd the money thus paid shall be refunded to tho nbuttlng property ownera on said streot In proportion to the amounts originally assessed against the property abutting thereon." At the time the motor company llrst con templated laying Its second trnck on South Main street It filed with the city council written request that tho vnluo of tho paying bo determined. This was dono by tho clt council nnd tho amount fixed at $4,090.10, This the company tins tendered, but thoclty council has refused to accept, as some tho aldermen havo raised tho question tho motor company's right to tho use of th street. Tho motor company asserts that th track was laid under tho franchise of the Suburban company nnd not by tho old com pany. Henf People Wnnt Tlielr I, Hers. J, F. Grole, Inspector of rural mall routes, Is In Council niuffs In connection with tho matter of tho delivery of mall to tho Iowa School foi tho Deaf. Heretofore two de liveries a day have been made at tho acbool, but since tlio establishment of the rural route, which embraces tho school, tho mall has been delivered but onco n day by tho carrier covering this route. Superintendent Hothcrt contends that tho mall should bo delivered nt tho building, owing to the Im portance of tho Institution nnd tho char acter of his mall, whllo tho carrier holds that ho should leavo It nt the gato by tho rondslde, ns Is tho custom in all other cases. Inspector Groto s mission ncro is to mako some arrangement satisfactory to nil parties. "Tux I'Vrrel" Discovers Astnlii. F. M. Ci.nnlnghnm, the "tax ferret," re ported to County Treasurer Arnd yestordny two additional cases of property which ho claims to hnvo discovered has beon omitted from assessment and consequent taxation during tho last live yearn. In the enso of F. It. Children, adminis trator of tho cstato of tho late Kdwln Chil dren, Cunningham reports thnt property to the amount of $100,000 haB been omitted from taxation each year for tho Inst five years. The other caso Is thnt of J. J. Stewart, administrator of tho estato of tho late Addison Cochran. During tho Inst five years property amounting In tho aggregate to $133,121 hus been omitted from assess ment, according to Cunningham. Treasurer Arnd linn not yot set any date for hearing these en sos. Cuuuinghom nlso reported threo cases to County Auditor Innes. Tho alleged owners and tho amounts said to havo been omitted from taxation for tho last flvo years nre: Nancy 1. Cornen, $0,850; J. Norton, $10,000! llobert Rain, $27,115. No date for tho hear ing In theso coses has been set as yet by tho county auditor. Tho hearing of tho nppllcatlon of Frank Shlun for a temporary injunction restrain ing tho board of supervisors from carrying out Its contract with Cunningham is set for today before Judgo Thorncll In tho dis trict court. Alexnmler 1'IpihIn (iiillty. W. G. Alexander, Indicted on tho chargo of breaking Into tho barn of F. S. Chllds In Garner township on tho night of No vember 15 Inst nnd stealing n set of harness and n saddle, entered n plea ot guilty yes terday. Judgo Thornoll snld he would pass scntenco on him Saturday morning. Alex ander was arrested In Omaha after sclll'i;; tho harness and whllo attempting to ills poso of tho saddle. Ho was formerly in tho employ of Chllds and acquainted with tho promises. May I 'I ii I nil llnnU C'iinc Toilny. Judgo Thorncll spent all of yesterday again listening to arguments In tho Of ficer & I'usey bonk case. A number of at torneys nppearcd for different parties nnd ench ralced n separato question either of law or facts. It Is expected that tho argu ments will ho completed today, nnd that the court will be nblo to tnko up some of tho other business which has been Blde tracked on account ot this case. ,1. II, Wnriier I'rcnldcnt. Theso officers wero elected yesterday at tho annual meeting of tho J. I). Warner Manufacturing company of Council Hluffs: President, J. 1). Warner, Chicago; vlco president, Gcorgo F. Wright, Council niuffs, treasurer, C. H. Hannan. Council HIuITs; Hccrotnry, A. H. Walte, Dob Moines. Tho ompany manufactures patent glass front shelving, tho factory being In Qulncy, III., and the oftlces In Chicago. Klrp In School for lenf. Chief Tenipleton received a telcphono cnlt nbout :S0 o'clock yestcrdny from the Iowa School for tho Doaf, Wit beforo ho had time to respond ho received a second message. saying -tho lire wns out. Fire had been discovered In a closet In ono of the dormitories, hut tho uttendanta at the school soon hnd It under control. Tho damngo was nominal. Davis sells pnlnt. Gravel roofing. A. 11. Reed, 541 nroadway. Commonwealth lO-coni clear. Miirrlnue License. Licenses to wml wero issued yesterday to tho following persons: Name and Residence, u. Huffman. Cody City, Ayo.... Age. ...24 ... IS ... 51 ... 21 ... 25 ... 21 .lbblo Goodrich, Denlson, In B. V. Anderson, Council Hluffs....... Mnudo . Ramsey, Council Hluffs. llrlx, Ciunrll Hlurrs Vive M. nuttonrewpr, .iiniiuc, in... II n lloily SiimimI o PleeeB. OTTIIMWA. la.. Jan. 23. (Special Tele nm 1-llr.n nm n DUmill Win wweu to ,inih this afternoon In a sawmill south of Ollle. Roth arms and a leg wero nwlftly severed from his body, his skull was opened and his brains thrown In every direction. Tho swiftly revolving circular saw ngalnst which he foil did not seem to turow nun frnm It. II H is usunlly tho enso In nn acci ,inf nf that nature, but held hlra down nnd cut him ngaln nnd ngaln. Tho engine was stopped nnd tho mangled nooy miou to a nlntform. It was romoved later to Ollle, n mllo away, where death tlnally on sued. Durbln leaves a widow anu iwu cuu dron. Ho was 40 years old. Crenton IIoiei for I.IkM Soon. CRKSTON. Ia.. Jan. 23. (Special.) Prnsnects for tho illumination of tho city aro growing brighter. Since Jnnunry 1 this eltv has been In darkness savo iroin uic rays of tho moon and tho sickly glaro of lanterns. President Jones oi uio ciecinc llchtlnc comnnny Is wenkenlng, however, council, almost agreed to every demand tho aldermen matlu. but a technical point in wlilch n law suit might introduce ltfcoii caused tho council to reject the offer, Tho lighting compony Is weakening, however, and is expected to rIvo tho city what it nsks. The council Is firm. Omaha parties havo been figuring on putting in a plant. For Mo n rot- Coiinly. ONAWA, la., Jan. 23. (Special.) Presi dent Rrsndt of tho Ttppocanoo club of Dcs Moines has written Chairman Martin of tho republican county committee stating that tho tlmo for presenting Monona county with the bnnncr for tho largest republican gains has been chnnged from February 9 to Fri day evening, February 8. Tho presentation will bo mado nt tho Vlctorln hotel In Des Moines, followed by n banquet and nll nround love feast. In nddltlon to tho onona county delegation n numbor of prominent republicans ot the Kleventh dls trlct hnvo been Invited to nttend. TrnvelliiK Mini SpreniU II. CRESTON, In.. Jan. 23. (Speclnl.) Tho smallpox epidemic, that until last Sunday Ignored this county, Introduced Itself In the person of n traveling mnn, nnd since that tlmo three other cusoa havo devoloped at least physicians so report. Cromwell has a caso and two others aro nenr that town. All aro of mild form. Murray Is emerging from the epidemic, the public schools will bo opened next Monday, and church services have been resumed. Fire Tulct. nt IllniKcir. OTTUMWA la., Jan. 23. (Special Tele gram.) Andrew Martin, living near Mar- tlnsburg. walked to a muddy place In n country rond near his home yesterday nfter noon nnd fired two revolver bullets Into his head, ono Into Iho right ear and the othor through the forehead. Ho was found several hours afterward apparently dying, but Into this evening he Is Btlll alive. His parents nro wealthy, nml ho was but re cently umrrled. IOWA'S BAMS I'LOUltlSMNC Statt Auditor' Report EeToals Highly Gratifying Condition. DEPOSITS SHOW ENORMOUS INCREASE 111 Three Months ABTKrennlc In fJH.iiflS, JUII.Ur I.urner Havlim" Iliiuku Thro Time iin Niimcroim an Ten Yonrn Ao. DES MOINES, Jnn. 24. (Special.) Tho nudltor of stnto has Just completed tho preparation of a statement of tho condition of the 246 savlugs banks and 218 Btate banks in lown at tho close of business De cember 13 last, as shown by their reports In pursuance of a call of thnt date. This stntoment is highly gratifying and Indi cates that tho stnto nnd savings banks of Iowa nro in n prosperous condition, even more so thnn tho banks In tho enstcrn Btntcs. The loans of the bnnks aggregnto $92,470,051.72, which Is nn increnso slnco tho Inst provlous statement, September 5 last, ot $7,181,194.50. Tho ensh ltoms show nn Increase of $220,911.17 In tho same time. The deposits wero $97,971,332.61, or nn in crenso of $3,298,129.27 in the three months. This great Increnso In the nmoiint of tho ordinary deposits In the Btnto nnd savings bnnks of tho stnto nrgues that lown peoplo mado profits Inst yenr In tho business. Tho number of theso bnnka has been steadily Increasing. On Juno 30 of last year tho number was 448. tho year previous 402 and ten years ngo tho totnl was only 164, bo that In ten years Iho increase hns been nearly threo times tho orlglnnl num ber, The deposits hnvo mado a still greater proportlonnto Increane. Sulinillti'il the AmemliiiPiit. The Iowa supremo court henrd tho sub mission of tho Titus amendment caso today, both by printed argument and by ornl presentation of tho views of tho opposing parties. A. R. Cummins mado the oral argument for sustaining the validity of tho nmendment. claiming that nn investiga tion of tho records of tho legislature will show that tho nmendment beforo the peoplo was tho Identical ono pnssed by both legis latures, nnd that the processes through which tho nmendment passed form n sub stantial compllnnco with tho requirements of tho constitution. Tho requirements of the constitution nro mandatory In regard to tho HUbstancc, but not with regard to forms to be observed. The spreading of tho resolution on tho Journal of tho senate In tho Twenty-seventh genernl assembly nnd tho reference thereto on the house Journnl wns compliance with tho constitu tion, oven though tho resolution was not sprend upon the holiso Journnl. Marsh W Hnlley of Washington county, ono of tho pnrtles to tho suit nppcaled, mndo the oral argument In contention that tho amend ment has not been legally ndoptcd. con tending that Iho constitutional method must bo followed to tho letter nnd that the failure of the clerk of the house to spread the resolution on Iho records In full In validates tho entlro proceeding. The ar gunient for tho libnrnl construction of tho amendment. If ndoptcd. wns mado by cx- AHornoy Genernl Remley and. In opposl tlon to this, by S,,,W. Rrookhart. the np pellant In the case from Washington county This argument related entirely to whether or not It was Intended that officers whose terms expired this month should havo their terms extended. Tho case was henrd by tho full court, nn objection being made to con slderatlon by nny of the Judges because they nre Interested parties In the case. Supremo Court Decision. Tho following nro tho opinions rendered today by tho supremo court: Patrick Qillnlan against Chicago, Rock Islnnd .fc Purine Railroad, appellant, John- ni'ii t.ii.ui.v, iHTPnnrii ruse; umrnieu. J. It. Vaiifossen against 13. C. Clark, np pellnnt. Linn county; abatement of nut nonce; nfllrmed. Maud M. H Inn norulnst Tlnrrv litlnn. nn pellant, Clinton county; divorce case; re versed. Ahslgnment of Thomna Mntisflrlil. TnlU uiiuiii. , murium. . Mnry Flnerty, nppcllant. against Catho lie unigiits of Amerlou, Iee county; life iiinuitiiu-e; reversm. C. C. Forbes ngnlnst Roone Vallev Coal nml Hallway Company, appellant. Hoono county; personal uamnges; reversed. One More 'TV Oiinii Count, Tho Marshalltown peoplo wero also dls satisfied with the federal count of tho resi dents of thnt city nnd nn unofficial coun has Just been completed by voluntary onu merators, This count shows 12,105 persons In tho city at this time, ns agnlnst a total of 11.544 peoplo reported to tho federal census bureau. If to the total be added a considerable settlement Jimt outsldo the city limits nnd tho Inmates of tho lown Soldiers' homo tho total will bo 13,237. Xntlnnul Gunril AtTnlr. An election will bo held In Company F at Ilcdford to select n captain and second lieu toiuint nnu otner officers whero vacancies may occur, January 30 nnd 31. Lieutenant Colonel J. W. Clnrk nnd .Major W. II. Evans of Red Oak were In tho city todny to con suit with Arjutnnt General Ryors In regard to going to tho Inaugural at Washington There Is likelihood that tho proposed trip will ho abandoned, as It Is understood Gov ernor Shaw Is opposed to making n dlspla uy tno military at Washington. Injunction DrlnjH (lie Sole, Tho salo of tho Southwestern Mutual Life Insurance association to tho Conservntlv Lllo of Los Angeles was not effected toda becauso of an injunction by Judgo Caswell, but new proxies will bo secured by permis sion of tho court and n meeting held next month to consider tho sale. Stockholders havo objected to tho salo. which hns tho ap- poaranco of being a collusion between tho officers. I'nrole AmUciI For. Governor Shaw Is In receipt of a petition from many residents of Rloomfield asking him to pardon or pnrolo Joseph Wilson, who is in Jail undor a six months scntenco for burglary, hut has not yet been Bout to tho penitentiary. Wilson is 55 years old, has a wlfo and family, and was convicted of break ing Into a summer kitchen and taking pro visions thorefrom. Tho people of Rloom field favor a parole at once, but the governor has not ncttd. Slnle VeterlnnrluiiN. A meeting of tho Iowa Stnto Veterinarian association Is being held In Dcs Moines. J. II. McLeod of Charles City Is president and dellvored an Informal address on calling tho convention to ordor this afternoon. Tbo day wns spent In hearing reports of commit tees. Tho legislative eommlttoo reported fully on tho work done In securing tho new law which requires that veterinarians must bo examined and registered. Special reports on diseases and technical matters .will bo heard during the session. Thcro nro now about 400 veterinarians In Iowa engaged lu tho practice of the profession. Ilui-nl School Mlirurlt-N. Reports from Carroll county Indicate that that county Is making a good start toward tho establishment of libraries for all the rural schools ns provided by Iowa law. In some townships or districts libraries bad already been started before tho Inw made them compulsory. The following aro re ported: Wheatland tnwnehlp, No. 1, titty volumes; (Hidden township, No. 0, thirty volumes; (Jrant township No, 3, thirty NoIumcB Sheridan township, Elk Hun In dependent, thirty-eight volumes, Washing- ton towiuship, No, 6, fotty-otie volumes. Several townships of the county have placed orders for the maximum nllownncu for books under tho Inw. Slnnx Clt.v PruiulKi'il a Thriller. SIOUX CITY, In., Jan. 2.!. (Special Teln gram.) A magnificent now opera house, to cost between $150,000 nnd $200,000, ia In prospect for Sioux City. Thomas J. Jones of Chicago has been hero looking for a suitablo location, He claims to represent a wealthy syndicate of Chicago capitalists. It is stntcd he hns decided a thentor would bo a paying property here. Tho only house In tho city nt the present Is tho Grand. Ill llrollier Prefer it CliurKr. DAKOTA CITY, Neb., Jan. 2.1. (Special.) Mlko Cullcn Is confined lu tho county Jnll, In default of $S00 bonds, on n chnrgo of nssnult with Intent to commit great bodily harm, preferred by his brothers, John nnd Joo. Tho parties nil ltvo to gether on n farm nenr Jackson nnd Mlko, It Is alleged, who Is a powerful!) built man, has been making considerable troublo .for his brothers for some tlmo past. AVI11 Keep (In- Glrti. SIOL'X CITY. In.. Jan. 23. CatidymaUcrs f six states entered Into an agreement hero nffcctlng more thnn 10,000 girls em- loyed In a score of cities. The dcclslan was not to Introduce a chocolate d.'op manufacturing machine which can do the work of forty girls. Tho makers nil agreed (o stick to tho linnd process. Illinois, town, Missouri. Knnsns, Nebrnska nnd South Da kota nre in tho agreement. SUPREME COURT PROCEEDINGS .'lecio II, Tliniuiiitiu i:iinernteil of Hip Mui'ilrr of u Soldier .Vrur Crmt foril. LINCOLN, Jan. 23. (Special.) Tho su premo court tonight hnnded down nn opin ion reversing tho decision ot tho lower court holding Cicero II. Thompson guilty ot tho murder ot Prlvato London, n soldier bo- onglng to a troop stntloncd nt Fort Robin son. The crime for which ho wns tried was ommltted in Cherry county. Ho was sen enced to fifteen years' Imprisonment in the stato penitentiary. Tho syllabus of tho opinion is: in Instruction ehurclmr that "nn assault on the house ran bo lawfully resisted to the extent of killing the assailant only I" caso tho assault In nmdo with tlieliitent either of taking the life of the Inmate or of doing hint great bodily linriii. and that such re Blstnncu wns necessuiy to prevent Much line, or In case the Inmate, acting boni-Htlv. hud reuKini m bellovo from the nets, fnotH and circumstances, and In fact did Delleve, that It wiih necessary in pre- cut Iho commission of ouch crime, 1 er roneous. A man tnuy defend his domicile even to tho extent of tnklnir life if It be actually or nppurently necessary to do ho In order to prevent tho commission of n felony therein. Whether this Is the practice limit of tho domiciliary Is not iletennlni'd. Tho Riibmlssion to a Jury- or a nieory which has no hauls In the ovldence Is error. Kvldcnco that money or goods were ob tained from a man by taxing hlin with tho prucllco of an iibnmlnable wickedness and threatening tu expose him may be suffi cient to establish tho crime of robbery. The occupant of a dwelling may luwruuy kill iih n neccssnry measure of defense it icrsoii who iiuemptH in einer wmi me iu enlloii of extiirtlim money by chnrglng hlin with n commission of un Infamous ofl'enso ngalnst nature mil threntelng to expose hlin to public reprobation and contempt. An Instruction which mlsstutes the Inw Is not cured by giving nnother which stales It correctly. The jury should not be required to ehooso between conflicting Instruction!". A pleu In abatement grounded on tho fact thnt defendant bud two preliminary oxaml uatloiiR and that on the llrst ho was held for it lower grade of crlmo than upon mo one which is the basis of the Information tiled iiguliist him Is demurrable. The decision remands tho Thompson ense to tho trial court, where tho defendant will havo another chnnce to obtain freedom. Tho court denied n motion for a rehearing of tho enne of Ilnrton against tho Stnto ex rel Hnyilen. Tho former opinion of tho supremo lourt nnd which wns nfflrined by ho denlnl nf the motion for rehearing reversed tho decision of tho district court of Doucltia county. Tho caso grow out of a disagreement between tho stockholders of tlui Trnnsmlsslsslppl exposition. Tho dls- rlct court ordered tho directors to pny back to Hnyden and others about $10,000 that hnd been paid for stotK. Tho supremo court reversed that order, giving tho ex position compnny verdict for tho amount Involved. Other enscs were: Ogg ngalnst Shulti!, reversed. Onniba ngalnst Redlrk, ntllrmed. Connecticut Trust nnd Safe Deposit com pany against Floicner, reversed. Orient Insurance company ngnlnst Hayes, nfllrmed. Kuhn ngalnst .Noieon, ninrmeu. Dunn ngalnst Douglas county, affirmed. Home Insurance company ngalnst Col lins, reversed. Hankers' Life association. Des Moines, ngnlnst Commissioners Douglas county, nlllrmed. . . Globe Loan unci Trim company asninsi Eller. nfllrmed. Slreeter ngnlnst Stnlnnker, nfllrmed. Stato ngalnst Hnnk ot Commerce, Grand Island, nfllrmed. Drown ngnlnst Sloan, affirmed. Carter ngalnst Gibson, nfllrmed. Watson ngalnst Cowlcs. reversed. Stuwurt against Holr, affirmed. Sr.ndngo against Stnte, reversed. Itobey uguinHi siaie. reverneu. Tho following causes wero submitted on brlbfs: Cummlnc ngalnst PeopIe'H Jlulldlng nnd Loan Association; error Cuss. Jerabek against Kennedy: error Nance. Garrett against Republican Publishing Company; error Custer. F.lkhoru Valley Rank ngnlnst Marley; error Holt. President nnd Direc tors Insurance Company of North America agnlnst Ackerman; niipeal Douglas. Green wood ngnlnst Ingcrsoll; error Douglas. Chi cago, Hurllugton ft Qulncy Railroad Com pnny agnlnst Williams; error Howard. Me Cullough ngalnst Dovey; appeal Cnss. Do herty ngnlnst Linn; error Douglas. Tho following cawos were argued nnd sub mitted: Cblcngo, Rurllngtcn ft Qulncy Rnllroud Company ngnlnst Wolfe; error Phelps. County of Hayes agulnst Chrlst ner; error llnyes. County of Dodgo ngalnst Acorn, error Dodge. The following causes were continued to Febiunry 5. Stall ngalnst Missouri Pacific Rullrond C'nnipun) , orlglnnl. State nguinst Union Pacific Railroad Company, original. The following onuses were continued "MOTHERHOOD" ABookSan scwr FREE T tells plain facts that everyone of the gentler sex otiKht to know. Its common sense advice saves l.l - l r iKiin. rrtHiuiu ;uiu .uixiciv. sent upon request, to one person or to different ad dresses. If the readers of this annotinccmeiit know of expectant mothers, they will do them a ereat favor by having this book sent to them. Address the publishers, npfl V VIM 1 11 VI I' r 11 nnm.lTnn m.. ttlnnln. tin Good Property Is a Good Investment Fifteen lots In a body for sale at a very reasonable price. Thtst lots are located In Omaha addition and He high and dry, Tbey will make a splendid location for some factory. Several other loti suitablo for building purposes one of them especially will mako a fine location for a homo, being within ono block of the motor line and within two blocki of a school bouse and church located In the western part of tho city. Apply at Bee Office, Council Bluffs. T thlrtv dny.. with orders on ilercne.int to file briefs within that time: Dobson against State! error Cherry. Sofield against State; error Custer. , , , The following causes were filed tinder ruin 2: Naden ngalnst Continental Na tional Hnnk nf lloston; error Lancaster. Proceedings of tho court: Tablo Rock Paving Hrlok Company against Johnson, receiver; error Pawnee; dWmlJsod by plaintiff. Mntterson ngnlnst Smith; nppenl Clny; order on nppcllant to lllo briefs In twenty days, dismissed nisi. Light against Engan; appce.1 Grant; hear ing on motions continued to February 6. iinruoni insuranco compnny ngainsi Laiidfnre; error Douglas; nisi order on plaintiff for briefs In thirty dnys. Dewey iigainst Hrudford; nppenl Hnrlnn; leavo to appellant to make showing In sup port of motion fir revivor within fifteen dnys. Sutton National H.ttik ngnlnst Silver; ap peal Clny; nNl order on appellant forbrlci's In twenty days, Spurck ngalnst Newlun; appeal Nuckolls; dlBiulsfed by appellant. Witrrcti ugalnst Wales; error Otoo; motion for absoltuo order of dismissal overruled, Stover ngnlnst Phelps County; error Phelps; dismissed by plntntlff. Hiibnnk ngnlnst ulcrks llros. ; error Cue tcr; dismissed by plaintiff. Mntson ngnlnst Hintnerson; nppeal Lan caster; leave to upiiellunt to make counter showing In fifteen dnys. Mutunl Life Insurance Company ngnlnst Mnhoney; error Richardson; dismissed by Ktlpulntlou. Clark against Eunon; appeal Thayer; dis missed by appellant. Soyinoro ngalnst Hewer; appeal Custer; ordered thnt cuuse proceed n on error. People's Hulldlng. Loan and Surety Asso elation against Pnlmor, and sumc ngnlnst Weltoli and same, Hackus and snmo ngnlnst Carrlcker: nppeiils Clny; order on appellnnt to file briefs In thirty dnys; dismissed nisi, Livingston against Moore: error Clay; order on plaintiff to fllo brlefB In twenty dayn; dismissed nisi. IIobbH against Warman; nppenl Custer; submitted on motion to dismiss, St. Pulll Firn and Murine Inmir.-iti Cnm. pnny ngalnst Keltcy; error Furnas; order on planum 10 no nriers in sixty days; ills nilKsed nisi. Omaha National Hnnk ntrulnst Sandnm: appeal Douglas; order on nppellnnt to lllo oneis in -weuiy tiuyii; dismissed lilsl. Moore ngalnst Jacobs; appeal Custer; order on appellant to lllo briefs In twenty dnys. io lev against .lones: annenl I. ace. suit. mined on motion to illsmlHs for failure of appellant to lllo cost bond and mnko $10 do. noslt uiulei ruin 12. Dotiglni! ngnlnst Craft; appeal Rock; dis missed by appellant. Until: against GlUIsple: nppeal Sheridan; submitted on motion to dismiss. Ilonke against Cllppor; appeal Huge; order on iinprllunt to tllo briefs In twenty duyn; dismissed nisi. Anthony ngnlnst Knrbaeli; error Douglas; submitted on motion to advance. Mover agnlnst lluynes; error Lancaster: order on defendant to file briefs In twenty dayn; dlsmlHMcd ulsl. Mutual Reuctlt Life Insurance Company ngalnst Penn; nppr-. T.nncnster; submitted on motion ot nppellee for leave to with draw bill of esroptlons for mibmlssion to district court for pioposcd correction. Fray against Fray; appeal Lancaster; hearing on motloiiH continued to February Vnrnal ngalnst Hupp: nppenl Furnns; nub mltted on motion to dismiss. Lamb against Olson; nppenl Lancnater; advanced. Moore ngnlnst Heltzel; error Nuckolls, submitted on motion to dismiss. Carter ngnlnst Dime Snviim-i nank; error Douglas; uubmltted on motion to ndvnnco and for Icnvo to use appeal briefs In error proceedings. Kellogg agnlnst Hpurgur; error Dnwep; motion to dismiss overruled. Ournenu ugalnst Kendall; error Dougln; advanced motion for security overruled. Gordon against Moores; error Douglns; len'vo In plaintiff to fllo additional trntiBcrlpt and bill of exceptions Instanfer. Collier ngalnst Gnnster; appeal Douglas; hearing nn motion to quash bill of excep tions continued to February 5. Johnson against Ilesser; error York; ad vanced to bo on call for March 19. Oldlg agnlnRt Flske; error Douglas; mo tion to dismiss withdrawn. Klligsly against Svobodn; nppeal Howard; order on appellant to tile briefs In twenty dayn; dismissed nisi. Larson ngnlnst First National Rank of Pender; error Thurston; leave to defendunt to servo and file briefs In twenty days, State ex rel School District of Lincoln against Aitkin; appeal Lancaster; sub mitted on motion to advance. Tho following persons wero admitted to practice in the supremo court: John M. Honrh, on motion of J. J. McCarthy; Hubert D. Waldo on motion of J. W. Do woesc; A. Reach Hlnmun, on motion of 15. F. Gray. WESTERN PACKING STATISTICS MnrliPtlitK r lion I l.lliernl, Thnunli .Not h l.ii rue nn Ilie rrevloiis V'iliw, CINCINNATI, Jnn, 23, (Speclnl Tele gram.) Tho Price Current snys: The mar keting of hogs the past week wns liberal, though not ro lnrgo ns provlous weeks. Western packing was 5S0,ofK) bend, com pared with Wtt.OOO head tho preceding week nnd 530,000 bond Iat year. From Novem ber 1 the total Is lUd.Ouo head, ngalnst r... 223,000 head a year ago. Prominent plnccs compare ns followa: 1901. 2,(iS0,OI 775.000 52O.O0O 421,000 475,0(10 310,000 , 279,01 K) lMi.mm , ir.i.mrt , UKI.Oi 10 if;o,omi 172,1 KM 1900. 2,000,000 tiSS.OOO 5io.iion 3,'IS.orK) Hri,0ii .!22,(xm 201,000 19.1,000 I III ,000 ir;,fni 151. (KM 118,000 Chicago i Kuiih.ih City .. OMAHA SI. Joseph .... St. Louis Indianapolis ,. Milwaukee .... Cincinnati .... OttumwiL Cedar ItnpldH Sioux City ... St. Paul Invite I'renlilrnt to Alnka. SEATTLE. Wash., Jnn. 23. Governor John M. Ready of Alaska will todav ad dress the Chamber of Commerce of this city and have It puss a resolution urging President McKluley to visit Alaska on his eontcmpluted visit to tho oonRt. Thn presi dent has promised to visit Hun Francisco when tho battleship Ohio Is launched nnd htus also promised to come nts fur us Paget sound. All the bndlcH on tho count Hlmllur to tho Chnmber of Commerco will nsk him to extend his trip to Aluska. SrlentlMtx I'ny Penult)-, NEW YORK Jan. 23. -Dispatches to the Herald from Para, Hrnzll. tell of mis fortune that enme to it Hrttlsh expedition sent to thnt city from Liverpool to study yellow fever. Dr MeyerH. a distinguished physician (recently conducted an autopsy on tho body of a person who died from yellow fevor. He becnino Infected and died yesterday Dr Duerlmscs, who was also infected, Is seriously 111, unu or mure cuimcm Sprtad lk( 3? Glad Tidlrts. JJS .i.i.nv Ail Excellent Combination. Tho plcaaltt tue'Iieul nnd bcnetleinl ciTueta ot the well Known remedy HviiUP of Finn, lunnufacturoil by the Camfoii.nia Kio Svitui' t o., lllustrato the valuoof obttiininji the liquid Inxa tlvo principles of plants known to bo medicinally laxative and presotitinu them in tho form iiinbt rofrcsnltifr to the taste) mid aeceptablo to the hyRtetn. It Is the one perfect t.trotiijtheiilnfr laxa tive, c leai mini!; tho My.sti'tn eitcetimlly, dispelling colds, headaches nnd fevers ffently yet promptly nnd I'tiublitifj one to overcome habitual constipation per manently. Its perfect freedom from every olijectioimlile quality nml sub stnnce, and its (leting- on the kidneys, liver and bowels, without weaUeninp or irritating them, mnku it the ideal laxative. In tho process of manufacturing figs are used, as they are plcostint to the taste, butthomediolnal qunliticsof the remedy tiro obtained from bennit and other 'nromntie plants, by a method known to tlieiU.u.iFOKNtA Flo Svitui' Co. only. In idor to petitsbenellciol effects and to avoid imitations, plense remember tho full nntnoof theCoinpany printed on tins front of every package, CALIFORNIA FIG SYRUP CO. UAH FllANCISCO, CAL. liOUIBVILIE. KV. NEW YOK.K, N. T. For salo by all DruRRlsts. PrlcoBOo. per bottlo. PKSHION IN HAIR Clt wpnin h'tuttiM ha'1 oflnif.nil lull the btt! orhMiiiy'ii wnn i ni Lrtt-ttfjl TltUn llntl, Hih litmue tl.adtf, - if' nw gti fftVti, Imperial Hair Regenerator "the Slt'ilitrf Italic olcfl'c (nrl ty Bln.h(t Hilt MlkM lh bill .,il n I eio. StmpU cfro'if h!f falot-rtfre. Sn.l lot ea.-lill Imrtvlal Clitm. mt.Co.M W.lSt Si. .New York. Sold by all druggists and hairdressers. Falling bnlr and ilandrulTm rod. 11 V mcrcome. irrltnte.l. llr-hliii- l and eruptive sculps pertimucut I lv cured : the Inilr lirerprvnl. Ili " Tllrlllliuicy. bosutv and nntuml IWv, S? color full v restored at vourhomc 1V5J11U yni-RnAToi-onisr wdoimuKV, J6J Statt St.,cor.nonrnc, Chicago Dr. Kay's Lusi Ba&m curci everv kind of cmigh, Inrr ppe. bronchitis, oro throiit, croup, whooping cougli etc Never ilerunKCsthoHtnmach. At DruggiBtn. lO'N) Coo li'nliucheM Tablets nro8ut,eessfullr used monthly broker Hl.HKl Indlis. Price, .?i. ny nrnii, i.u-. Menu ctnis ror RAinnls ntul imnlculnm. Tim Coalc Co.. !U3 Woodwotd are.. Detroit. Mich. Hold In Omuhn bv Kuhn A Co.. 15 & Uouxtti- IIOWIXIS Anti-Kawf Only a little cough, then n little coilin. A bottle of Antl Knwf und no more coughlu. IOWA FARMS FOR SALE. 120 neroR. .",ij pillpu from Mixfuuii Valley, !i mile from railroad rlntlon; Ki acres in cultivation. 12 acres of timber, 2.1 acres In pasture; en 11 nil bo culllvnted; r.-room liouse, burn, cribs. Kinoke bouse, well cistern, running water. oer 2(H) benrltig apple trees and l.fioil grapes, cherrleR, pii) plums, raspberries, currunts, gonsehcrrlcs. Price, only $;So per acre. Kino lon-ncre lurm in Pottuwiittiimle county, cast or council Hluffs; ti-ronm house, pantry, brick .ellur. nil In good re pnlr; 2 cisterns, well windmill Utid tnnk. milk house, burn 2ti.12. lb-foot poslR. Willi room lor carriage, wngons mid liurness; lurgo loft for hay und Rlecplug room for hired help; large double lornerlb, with driveway; bog house ?jx:!2. chicken Ituusn IBxlti with loft; poHtolllee, church. ehonl. storo and blacksmith ebop v.l thin 2'4 miles good rich hind; has only been cropped a few tlmcR. M acres, r. miles from Council Hluffs post olllce; 2.. acres in fruit, consisting of apples, plums, cherries, peaches, ote.; good house, largo barn, corncrlbs, hog pen. chicken house, well, windmill, reservoir and tank, with water lu house und buildings nml yards. Price, only $:io por ncro less thnn tho cost of the improvements. ."l-ncre fruit and cilrden furm nenr Cnini. ell Hluffs; good S-rooni house, with porches and brick cellar; lSn-burrel cistern, with pump In kitchen; well, barn, large chicken house, shed, hog pen, feed lot; lino grcfe around buildings: lurge apple, plum nml cherry orchard, currants, raspberries and bluckbctrlcs. Price, Jl.wm. JOHNSON & KERR. Telcphono 117. Ell llroudway. D0HANY THEATER """iiuit iJiOV., U1W1.I Ifi-T. Thursday, January 24. Spoelul Engagement of tho Kmlnent Comedian, m. FRANK KEENAN, In 801, SMITH III SSKLL'S fireut Play, A POOR RELATION BPKCLW.l.Y Hhl.KCTKH HI PPOItT -sri'Kitn rii'KNic .srnnot'NiiNiis I'll If H8- 23- to $1 V) dimrr. sale ,,f seats opens at the box ollleo tlili inor.ii.ij; BARTEL tl MiLLER Hill llroiiilii', (iiiiiiiiiII III ii Oh. coffih: Arlown, per lb ,,,,, D llninil Peubndv Itlo, best S;mtoM 2-lh. can Mocbu and Java. H. & AI. Hlend .13c .5.11' ,23c 23c r.c 33e TIJAH- Sun-Drled Jupnn. per lb... Spider Leg, per II Ouiipowder. per ib Young II vim. per Ib Kngllt.li lln uUf.ist, per II). 30. : Centervelie Goal And eoiil from tlio host minim in tho countn . Also hard coal and wood. 1'rompt delivery is our motto. Transfer Line Between Council Bluffs and Omaha- Council HIuITb Office. No, I!,'l North Main Kt. Telnphono I'JH. Oiimlm Ofllci). Jill South 12th Street. Tolophono 1.1U8. Connection mado with South Omaha Transfor. WILLIAM WELCH. RHEUMATISM Vrn Itcd cross Ithciiinuilsin Cure. .1 prompt und sure cure lor ihmimntlHin I. any form. CuriR sr-iutlm, lumbago, neu ralgia, gout, pulll In the buck luillfllcRF stiff and swollen Joins The best hloml purlller mule A w.nilcrtul Kini-dy lni- cured tbousaiida will ire jin My it M drug storeH or sent b exprehH pripald, Prlin fl") Itcd Cioss Drug 'Jo,, Cojntll JJluffe, lowu. HAIR & SCALP