TIIE OMAHA DAILY BEE: FRIDAY, FEBRUABY 15, 1901. 8 ANOTHER OFHCE IS DEAD Pot.tion of Bute Weighmutei Hu Ho Longer Legal Exiitenoe. OPINION OF ATTORNEY GENERAL PROUT Supreme Court' Dt-rlaton on the Statu Board of Transportation Lair Carried the Minor Affair Down Alio. LINCOLN', Feb. 14. (Special.) Attorney General Trout today pave an opinion In which he held that the office of state weigh matter and his assistants have no legal existence. This opinion is based upon the decision of the supreme court, which de clared the Board of Transportation act un constitutional. He holds that according to the statutes the welghmaster can be appointed- only by the transportation board, and as there is no board there cannot, therefore, be any welghmaster. The welgh master In turn appoints his assistants and the table construction is placed upon their offices. William Mach of Omaha was recently named by Governor Dietrich for the posi tion of welghmaster, but since the opinion was rendered today the appointment has been withdrawn. Attorney General Prout holds. I have received your recent letter In forming me that there la a state weigh master located at Omaha, with assistant at other places, and In this connection you ubmlt the following questions; "1. Are the present acting welghmaster and milMants legally holding1 their respec tive offices "2. Is there at the present time a statu board of transportation which Is qualified to appoint a state welghmaster nnd assist ants? "X. It thtre Is no such board 1 there any authority under the law for the appoint ment of a state welghmaster and assist ants? "4. If so. who Is the appointing power" The leglelaturn of 1M1 passed "An net to treat and regulate nubile warehouses, and the warehousing, shipping, -weighing and Inspection of grain." Bee sston laws of 1SS1, pp. .V3-393. Section 1, page 2)2, of this act is as follows: "That there shall be ap pointed by. tho State Board of Transporta tion In nil cities where there ts state In spection of grain a state welghmaster and such assistance as shall be necessary." I.A1T AVn Plain. The appointment of statn welghmaster and assistant was no doubt made under tn foregoing provision br the Boird of Transportation. The section quoted from the warehousn act of 1SS1 Is part of a law "defining additional duties of the Board of Transportation In counties with public warehouses," and Is one of the sections conferring such additional duties upon that board. The right of thn welghmaster and assistants -to hold and exercise their offices therefore depends upon their ap pointments the Board of Transportation under the added powers conferred by the art of 1S91. When that act was passed the Board of Transportation depended for Its existence upon chapter lx, Session La"ws of 1RS7. The validity of the net creatlnr the State Board of Transportation was before ne supreme court in tne mate againsi MUsouri River .Railroad Company. It la. clfar from the decisions of the su preme court that the State Board of Trans. Donation had no leeal existence In 1S91 when the legislature attempted to ronfer upon that board additional powers, among wnicn was authority to appoint a weign maMer and assistants. There being no such board.-and the act of 1531 not purport Ins to create one. that portion of the slat, ute relating to added powers of the board was necessarily Ineffectual. The whole chapter lx. Session Laws of 1M7. creating the State Board of Tran.por tatlon. being void, it did not repeal chapter Ixv, Session l.aws of 1SS5, providing for a board of railroad commissioners, and the validity of the act of 15S3 was not Impaired bv the void act attempting to repeal It. The law relating to such attempted repsali has been stated thus: "Where a repeal of prior laws Is Inserted in an act in order to Insure the unobstructed operation of such act. and It Is held unconstitutional, the In cidental provision for the repeal of prior laws will fall with it." iSutherlaml on fltatutnry Construction.4 section' 175; Quin land against Rodgers, i: Mich., ICS.) I.avr of IMS.-. In In Force. T'i act of 1S5 creating a board of rail road commissioners if valid was In force wl'en the law of lfSl clothln? the Board of Transportation with new powers was enncted. In the two acts the names of the boards were different Under the act of HSi tho board consists of three members. The law- of 1KS7 provided for a board of five members, and the powers of the two boards differ In many respects. I am satisfied that these new powers did not fall to the Board of Railroad Commissioners as created by the act of WS. In mv view of the law your questions should be answered as follows: . 1. The present actlnsr welghmaster and assistants are not legally holding their re spective, offices. I. There Is not at the present time a state board of transportation which Is qualified to appoint a state welghmaster and assistants. 3. There Is no board -with authority to ap point such officers. 4. Them being no office of state welgh master there can be no officer with power to appoint one. Free I.nlinr Kmnlnyment Offlre. Senator Llddell of Douglas county Intro duced a bill In the senate today the object of which Is to establish a free .public em ployment office In metropolitan cities, and to provide for the appointment of a labor commissioner, and for licensing and bond ing labor employment agencies. The bill provides for the appointment by the mayor of a labor agent to take, charge at a salary of J10O per month to manage the free bureau. All other labor agencies are re quired to pay a license of J 300 annually and give bond In the sum of $10,000. Senator Currle hat a bill which provides that graduates from all accredited colleges of Nebraska shall be entitled to state certificates the same as those who are graduated from the State university and State Normal schools. A bill amending the Cancer There are never any ex ternal signs of Cancer until the blood is polluted and the system thoroughly con taminated by this deadly virulent poison. Then a sore or ulcer appears on some part of the body; it mav be small and harmless looking at first, but as the can cerous cells form and are deposited by the blood near the sore, it increases in size and severity, with sharp shooting pains. No matter how often the sore is removed by the surgeon's knife or flesh destroying plasters, another comes and is worse. The real disease is in the blood, and the treatment must begin there. The poisoned blood must be invigorated and purified, and when this is done' can cerous cells can no longer form and the sore will heal naturally and permanently. Mrs. Sarah M. Keeitlng, oil Windior Ave Bristol, Venn., writes' - I am 4! .tears old. and for three years had suffered with a severe form of Cancer on iny jaw, which the doctor aid was incurable and that I could not lire more than six taontb. I accept, ed their statement at true, and had given up all hope of ever being well again, when ray drurcUl, know log of rnyconduion.recom tnended S. S. S. Aftertak tne a few bottle the sore began to heal, to the iurpriaeof the phynctans, s do in a short time made a complete cure I bare gained in flesh, my appetite is splendid, sleep it rtftethlng In fact, am enjoying perfect health." overcomes this de structive poison and removes every vestige B IJ IJ of it from the system, makes new, rich blood, strengthens the body and builds up the general health. If you have a suspicious sore, or have in herited any blood taint, send for our free book on Cancer, and write to our medical department for any information or advice wanted ; we make no charge for this ser vice Your letter will receivs prompt and careful attention, and will be held ia strictest confidence, THE SWIFT SPECIFIC CO., ATLANTA, GA, ' school law, by Senator Weber, provides that teachers shall be employed by the In- i coming Instead of the outgoing board, and further, that no relative of any member of the school board shall bo employed as a teacher by that board. The meeting of the senate committee on medical societies, which was called for last night for the purpose of considering bills before It, was postponed until next Monday. The most Important bills before It provide for the lawful practice of osteopathy and Christian science In Nebraska. The osteo paths have had a strong lobby here since the session opened and will make an earn est effort to have their bill favorably recommended, while the physicians of the state are Just as determined that the bill shall not become a law The senate committee on labor met this morning to consider a bill which provides for state examiners of stationary engineers. A large delegation of stationary engineers were present from all parts of the state and urged the passage of the bill, but aa only a part of the committee was present, no action was taken. FUNERAL OF JUDGE MAXWELL People from Many Places Flock to Fremont tn Honor the Dead Jnrlat. FREMONT, Neb., Feb. 14. (Special Tele gram.) The fnneral of Judge Maxwell was from his home this afternoon. Many attor neys and old acquaintances of the family from out of town were present. The heavy black casket containing the body was sur rounded by elaborate floral designs, most conspicuous of which was a large broken wheel from the Dodge county bar. The hymn, "My Days Are Gliding Swiftly By," was sung by Messrs. C. M. Williams and M. Baldwin, Mrs. Shaw and Miss Tara Love. Prayer was offered by Rev. N. Chestnut of Kansas City, a former pastor of the deceased. Rer. W. II. Bush of the Congregational church, delivered an eloquent eulogy. The secret of his success, he said, was Intense Industry, unswerving fidelity to duty and his Christian statesmanship, He spoke of the Judge's success as a lawyer, a Judge, a congressman and as a writer of law books, which are everywhere accepted as a stan dard, and have won for him a reputation not confined to his state. He also referred in glowing terms to his career In laying' the foundation of our constitutional, leg islative and Judicial enactments, which have appeared In the territorial columns of our metropolitan dallies and which have made htm one of the most prominent men In the history of the state. Mr. Chestnut spoke of his Christian bounties. He emphasized bis exemplary conduct and adhesion to the ranks at Christianity, which shows by deeds more than by words the depth and sincerity of his conviction. He also spoke of the veneration and affection In which the Judge was held by all who knew him. In closing he read a few ex tracts from a letter written him by the Judge February 2. in which he wrote of hlB abiding faith In God's guidance and protec tion. The hymn. "Comfort Me," was sung by the choir. The closing prayer was by Rev. N. Chestnutt. An opportunity was given to view the body and as the large crowd of people, which filled all the rooms downstairs and the front porches, slowly filed through the darkened parlor where rested all that remained of htm they delighted to honor the eyes of many were suffused with tears. The body will be taken to Plattsmbuth tomorrow morning for burial. The bearers are: C. M. Williams, F. W. Vaughn, F- W. Button, A K. Dame, A. H. Brlggs and S. S. Sldner. Faith In Captain Dorrlnctnn. CRAWFORD, Neb.. Feb. 14. (Special.) General rejoicing over the western part of the state Is manifesting Itself over the recommendation of Senator Thurston of Captain L. A. Dorrlngton for appointment In the regular army. Dorrlngton' Is the only soldier In the Philippines from west ern Nebraska, and since the declaration of war with Spain has been In continuous service among the volunteers. His record as a soldier Is reported as second to none during the occupation of the Philippines, and Senator Thurston has acknowledged his worth and pleased all his frlendn In this part of Nebraska. Everybody Is Al Dor rlngton's friend and all believe he will make one of the best military men In the army. Brave, manly, temperate and edu cated, with all his firmness he has a heart In his breast as big as Crow Butte. People here feel that the army should be made up of Just such men. Court In Session at Dakota City. DAKOTA CITY. Neb.. Feb. 14. (Special.) The spring term of district court for Dakota county is now In progress, Judge Guy T( Graves presiding. The case of the state of Nebraska against James C. Riddle and James 'Flynn, charged Jointly with the Illegal tale of liquors at Crystal Lake, resulted In Riddle being acquitted and Flynn being found guilty. William Leach, a Covlngtonlte. also 'accused of Illegal sale of liquors, was declared not guilty. Nebraska and .Vrlirn.Unn. hYJich expects to erect a brick school bulldtnc to accommodate Its growing school population. Gage county farmers are losing a large number of hogs from some unknown dis ease, ote farmer losing his entire herd. Norfolk complains of a scarcity or dwell lng houses, but a large number nra ex pected to be erected during' the coming sea son. North Platte Methodists are conducting a very successful revival and already many conversions have resulted. Thev Intond to keep It up until all the unregenerale are brought In or take to the sand hills. During January the grass started on the range In many places In the western part of the state. It Is now burled under a nice blanket ofsnow. but has a good start for spring, when the weather concludes to warm up again. A report that the North Platte wom'n contemplated "Natlonlzing" Fome af the saloons of that place caused consternation for a few days recently. It develops that they only decided to see that the Sunday closing law was enforced. Company K of the National Guard at Co lumbus recently purchased a bulldlns fo an armory. Being a few hundred dollars shy the members gave an tmateur the atrical performance to raise the funds. A large audience finally escaped on the pay ment of 50 cents each. Dr. Love of Wllber went away on a visit and when he returned built a tire lti the cook stove. He forgot nil about the water connections, but soon had occasion to re member them. One of the stove lids has been recovered and a few days' work by carpenters, painters and glaziers will make tho house os good as new. A number of farmers whe formerly lived near Clarknon moved to Wisconsin a couple of year-i ago and purchased land from which the pine timber had been cut. They found grubbing out pine Btumps a raucn mora laborious task than breaking Ne braska prairie and a majority of them In tend to return to Nebraska. Inwa Man for Theft t Mull. SIOUX FALLS, S. D., Feb. 14.-(Speclal Telegram.) A', va L. Towne of Council Bluffs, la., who was Indicted by the United States grand Jury recently In session at Deadwood for stealing a mall sack from the postofflce at Piedmont, S. D., was today taken before Judge Carland of the United States court and pleaded' not guilty. In de fault of bonds he was placed In tne county Jail until the April term of federal-court. Hi-Sheriff Arrested. PIERRE. S. D., Feb. J4.-Sneclal Tele gram.) Ever since the Blasslngamc case xl Fort Pierre there have been Inttmatlonb of other cases In the same ilne. This morning XV. r Oakes, an ex-sheriff of Stanley county, was arrested on a warrant charg lng him with horse rustling. He was given a preliminary hearing and placed under bond for his appearance In court. "I was In bed Ere weeks with the grip nerves shattered, stomach' and liver badly deranged. Was cured with Dr. Miles' Nerv ine and Nerve and Liver Pills." D. C. Walker. HallsTllIe, O, SHOT TILT RILLED ZAUN lour Witnwees Deolsro They Saw Rhea Aim Revolver at Hiin. ONE-ARMED MAN IMPRESSES JURY With on llnsj- Smile nnd a Drnrrllnc Voice John Kemnltr Reports the Dramntlc lilonuence of Attor- 1 tier for the Defense. FREMONT, Neb.. Feb. 14 (Special.) In the Rhea murder case' today four wlt nessos swore that they saw the defendant aim his revolver and fire the shot that killed Herman Zahn. Each was subjected to a severe cross-examination by Mr. Gray or Mr. Maynard, which has only strength ened the case for the state. The evidence so far falls to show that Darrell had much to do with the affair. Fred Koeppen, bartender, testified that he heard some talking In front of the sa loon. Oriey and Albert Schneider came In, closely followed by Gardner nnd Rhea. He said, "Rhea pushed his gun In my face and 1 dropped down behind the bar. Then 1 heard the foul words, and a shot fired. I got and saw Herman Just falling. Rhea came around behind the bar and I skipped out the back way. There was between $70 and ISO taken from the safe." On cross-examination be testified that Zahn was sitting at a table on the north side of the room when themen came In. Rhea and Gardner stood In front of the bar, side by side. He did not see the shot fired. Both men had revolvers. Zahn pressed his hands to his side as he fell, and lay five feet from the door, with his head to tho east. Ienpn Tliroucli Window. John Schwanka saw defendant and Gard ner outside. When Gardner and Rhea came In he was standing In front of the bar talking with Koeppen. As soon as he saw the guns pulled he vaulted over the bar and stood on the back side of It and saw the fatal shot fired. He then dropped down behind the bar. Rhea came around, called blm a vile name and told him to "Git!" He Jumped right through the win dow, landing flat on the sidewalk. Almost the Instant he struck the planks Gardner grabbed him by the collar, shoved a re volver against his head, marched him back Into the saloon and seated him In a chair near the stove. He left him there with his hands up and Rhea came over and struck him on tho head with the butt of his revolver. On cross-examination be said that he passed tho three strangers on the walk In front of the saloon and heard no angry words or loud talking whatever. Zahn got up from the table when the men picked up his chair, but quickly set It down nnd took a step or two toward the men, at the same time saying: "Boys, don't " At that Instant, with a word still on his lips, he was struck by the bullet from Rhea's revolver and fell to the floor. Ho denied having had any trouble with any of the three men earlier In the afternoon or of hearing of any trouble between them and the Schneider boys. Schwanka Is a man weighing over 100 and the saloon win dow was well smashed when he Jumped through It. Mllil-SpoUcn Jinn's Trlllnir Evidence. John Kemnltz, a mild-spoken one-armed man, was the next witness. He was stand ing near the stove when he saw Rhea and Gardner come in and heard the order, "Hands up." He didn't comply, because physically unable to do so. He, too, saw the fatal shot fired and corroborated the testimony of Schwanka as to the actions of Zahn. He was cross-examined for nearly an hour by Mr. Gray, who tried in every way to break the force of his testimony, which appeared to have had great weight with tho Jury. He was asked In regard to the location of the furniture in the sa loon and all the movements of the men. He denied having heard any quarrel between the Schneider men and the strangers. Mr. Gray became much excited and, graeping a chair by the side and back, raising It in the air and taking a step toward the witness, he asked In a loud, high-pitched, excited voice: "Didn't Zahn grab that chair this way and start for Rhea?" "No, sir," came the answer. In slow, mild tones, accompanied by a smile on the witness' face. "And If any man," Mr. Gray continued, with the chair still In the air, "comes In here and testifies so he Is testVylng to what ain't so? Do you swear to that?" finite tJrovra Ilrondrr. "Yes, sir," was the answer, In the same tone, and with the smile a little broader. John Kemnltz was playing cards with Zahn and three others. His testimony was the same as that of the others. On cross examination by Mr. Maynard he got a little contused about the location of the tables, stove and bar In the saloon, but adhered to the main facts. He was evidently so excited the night of the shooting that he did not know exactly where things were. At 2:30 court adjourned to 4.30 to attend the funeral of Judge Maxwell. W. A. Schwlchtenberger was the first wit ness called after adjournment. When he heard the first shot he came out on the street and looked Into the window of Zahn's place and saw the men there with their hands above their heads. Rhea was just going around back of the bar. He went Into his bsrber shop and got two revolvers ajid also goj some cartridges from a hardware store, and coming back to the back door of the saloon, which be found open, be looked In. He Baw Rhea behind the bar and Gard ner walking up and down In front. Rhea was trlyng to smash the cash register with his revolver. Sell Tlolitr ulterior Shoots, Witness emptied one revolver at him without effect. Gardner then came out of the back door and called out to the de fendant: "Corae on. BUI; now's your time," at the came moment firing directly at the witness, who was about forty feet away. The bullet whizzed past his ear and he re turned the fire. Gardner dropped to his knees and, taking deliberate aim, fired at the witnens several times without effect. The next time he saw Gardner was at Crow ell, when he was under arrest. While firing at Rhfa the witness stood about twenty feet from the open back door and rested his gun against the corner of an outhouse. On cross-examination Mr. Gray tried to make out that the witness could not have teen Rhea from where he stood, but the wltnfss inslcted he could see blm plainly working at the cash register. On re-direct examination he said he saw the three men In Klngbaum's saloon between 2 and 3 the afternoon of the shooting; that Gardner bad a rather swaggering appearance and told a man sitting at the stove that he' (Gardner) was a bad man. Chris Hoelke was one of the four playing cards with Zahn. After Zahn was shot the two men made him sit down on the floor by the pool table with hU legs stretched out flat. The balance of his testi mony was substantially the came as that of Kemnltz, who was at the same table with , him. He also said that Rhea took Zahn's watch while he lay on the floor. On cross-examination by Mr. Maynard he was not so sure about the watch and was unable to give the location of the tables and chairs In the saloon. Like all the other witnesses so far he emphatically, denied that there was any trouble or quarrel between the three stmngers and any of the Snyder people before the shooting, and was sure that If Orley and August Schneider bad bad a quarrel with Gardner and Rhea in front of Zahn's place he wculd have Known It. TELLS OF FINDING THE BODY Will Mront Testifies nt Broken llorr That Fnllhart Always Carried a "Weapon. BROKEN BOW. Neb.. Feb. 14 -(Special Telegram.) Eight more witnesses were on 1 the stand for the state In the Fullhart mur dtr case today, which is Just halt the num ber subpoenaed In behalf of the prosecu tion. The principal witnesses were Will Groat, a ranchman living near the Fullhart ranch at the time of the tragedy, and Sheriff Armstrong. Groat is the last one to have seen Fullhart alive, and the first to have found him dead. He testified to having been at the home of the deceased November 15 after his dog. Oxley was stretching wire on the posts and Fullhart was forty rods distant watering his stock. When he found the body November 2i he was but a short distance from where Oxley was stretching tho wire on the loth. About forty rods of posts had been set and two rods more wire stretched. He testified that Fullhart always carried a weapon. He and Fullhart had trouble lasti August and Fullhart pulled his revolver on him and he overpowered him and took t away from him and kept It until he promised not to shoot. Fjllhart had the same revolver with him the last day Groat saw him. He told of going with tho neigh bors to identify the cattle Oxley had sold at the Tlerney ranch and those he left at tbe Gamble ranch. Sheriff Armstrong's evidence gave In de tail bis examination of the body, from which he secured $7, and tbe search of the house where he found three or four guns and a sword. He testified that two tracks accompanied the sled out to where the fence was being built and told of tracking Oxley from Ar nold, by the way of Gothenburg, to Omaha and Louisville, where he captured him. He stated that a few days after Oxley's arrest he told him he would soon be able to clear the matter up, as bis brother, George, and one of the Parks boys had gone to Merna to telegraph Charles C. Crawford, from whom he had bought the cattle, to meet them at Anselmo. There Is said to be no such ranchman In that part of the coun try. Trnlllni; the Cattle. James Judge, foreman of the Tlerney ranch and the man who bought four head of tho Fullhart cattle of Oxley. told of trail ing the cattle back from his ranch to within a mile of tbe Fullhart ranch. He was as sisted by H. B. Andrewp of Anselmo and B. E. Kellenbergcr of Merna. Andrews and Kellenberger corroborated his evidence. Louis Filler, an old man uho lives within three miles of the Fullhart ranch, testified to seeing two of the cattle left at Gam ble's at Fullhart's place November 15. As this was but four days before they were taken to Gamble's ranch It Indicates that the old man was killed between the 15th and 19th. B. A. Elder of Anselmo told of driving a real estate man by tbe name of Barnes to the vicinity of Fullhart's November 22, the Thursday before the body was found on Saturday. They drove to the Fullhart house, but he was not there, but they saw a dog and a horse half a mile away, where thn body was found later. Groat accom panied them to the land, from -there they could see the dog and horse, but did not go on with them to the Fullhart house. The friends of Oxley from Arnold, who are attending the trial In great numbers, still persist that Oxley Is not guilty of the murder, but do not Intimate what the de fense will be, except to Bay Oxley bought the cattle. J. B. Seldler and brother of Cuba, Kan., who are half-brothers of the deceased, are attending the trial. JURY IN GENTLEMAN CASE More Than One llnndred nnd Fifty Men Kxnralnrd Ilefore Twelve Are Chosen. COLUMBUS. Neb., Feb. 14. (Special Tel egram.) At 0:10 this evening a Jury was secured tn the Gentleman murder case. All day the sheriff and deputies had been scouring the hedges and highways for tales men, and with few exceptions they had been excused for cause. Including the regular panel, over 130 men were examined before the twelve good men and true were chosen. As soon as the last challenge had beea exhausted and the next Juror passed for cause they were duly sworn and em paneled and then court adjourned until 9 o'clock tomorrow morning, when the state will put on Its first witnesses. The state has something over thirty witnesses and the defense even more, and it is not prob able that the case can be given to the Jury before Tuesday. Following Is the Jury: Nicholas Adamy, farmer, German, Sherman township; Otto Kahlwell, farmer. German. Grand Fralrle; Charles S. Easton, merchant, American, Columbus; William Swartsley, farmer, American. Columbus, Fred Asche, mer chant, German, Columbus; II. C. Newman, merchant, American, Columbus; Jay Ste vens, liveryman, American, Columbus; Otto Meuller, farmer, German, Shell Creek; John Scbram, farmer, German, Columbus; Rob ert Herschbrunner, laborer, German, Co lumbus; Joseph Henggler, farmer. German, Bismarck; Frank Morse, painter, Ameri can, Columbus. Tbe court room was crowded all day and standing room was at a premium. Many vomen were present. It was noticeable again today the large number of Jurors who swore they could not return the death penalty, even though the evidence war ranted and the law Instructed It. There Is no change In the demeanor of Gentle man. He looks about him but little and when not consulting with his attorneys seems to pay strict attention .to what is going on, yet tries to conceal himself from view as much as possible. What defense will be offered In bis behalf Is not known, but It Is freely intimated that It will bo a plea of emotional Insanity. "My stcmach nas affected by grip and I could eat nothing but crackers and milk. I began taking Dr. Miles' Nervine and Pain Pills nnd the trouble disappeared." Mrs. J. Llndsey, Montrose, Minn. Injured In Conntlnc Accident. LAFAYETTE, lnd.. Feb. U A t-erlous coasting accident occurred here last night In which many were Injured, A bobslel filled with coasters ran Into a tree. The most seriously Injured are; Oliver Martin, internal Injuries, Edward Martin, leg broken; Mrs. Frank Snyder, ankle sprained; Robert Hamilton, bruised; Miss Sina Haller injured In chest. A Chicago Boy says he would rather have Dr. Caldwell's Syrup Pepsin than maple molasses. SjkTi 4ft? ft) COLE COLLINGS SOLD All Druggists. Wholesale nad Retail. ' tNCLE SAM MAY CET THEM Eale of Dmiih Weit Iodlei an Immediate Pouibilltj. RIGSDAG IS TIRED OF APPROPRIATING Kins- Christian Would Trefer to Re tain Them, hnt I Willing to Do Whatever Seems It est. COPENHAGEN, Feb. ll.-Important de velopments In regard to the sale of th Danlsh West Indies are expected shortly It Is satd In well Informed circles that the foreign office is unab'.e to send a definite and favorable reply to the United States. King Christian, It Is understood, gave as surances that while he preferred the Islands to remain Danish, if the circumstances could be Improved, he would do nothing to prevent their transfer. The Rlgsdag has apparently concluded that enough expenditures have already been made for the West Indies, so It is un willing to give the further appropriations necessary to retain them. FOR BUILDING DEFICIENCY South Dakota Legislator Prepare to ray ntlU V'hlrh Predeeessora Have Accumulated. P1ERIIE, S. D.. Feb. 14.-(8peclal Tele gramsNeither house did much business today, as they were all prepared for their , holiday, which Is to last until Tuesday I In the house bills were Introduced to ap-1 proprlate M5,000 for building and fuel de ficiency, providing for resurvey of town ships and for meeting the expense of the same. The house Judiciary committee re ported favorably on the senate negotiable i Instrument bill and while It may pass the , house the chances are considered against it. Wlllmarth called up tho Ninth Judicial j circuit bill and It on!y failed by one vote, ( securing- BT, while another was needed for ' the required two-thirds. He secured an- other reconsideration and It Is again a spe cial order for Thursday. The house passed the senate bill In regard to the manufac- , ture, sale and use of alrguns and cannon I crackers, only five members voting against ' tho bill, which had a rocky road In the senate and goes back amended. It prohibits i crackers of more than three Inches In length, but puts no limit on the diameter The senate transacted nothing except the. consideration of committee reports and tho adoption of a resolution memorializing con gress to increase the annual amount nl lowed for each pupil in the Indian schools One of the witnesses notified to appear be- fore the Investigating commltti?! made his appearance this morning and all will now be subpoenaed tn regular form. The wit nesses notified were ex-Governor Lee, Public Examiner Taylor and Private Becre tary Ayres. The testimony required from them Is to sustain the charges made In the reports and In the message of Lee. Gasoline Victim Die. PIERRE, B. D., Feb. 14.-(SpecIal Tele-gram.)-Ulrika Hegglund, victim of a gaso line explosion, died at the hospital from the effects of her Injuries. W. L. Taney, Padueah, Ky writes: "J had a severe case of kidney disease and three of the best physicians In southern Kentucky treated me without success. I was ltduced to try Foley's Kidney Cure. The first bottle gave Immediate relief and three bottles cured me permanently. I gladly recommend this wonderful remedy." Myers-Dillon Drug Co.. Omaha; Dillon's drug store, South' Omaha, SNOW AND COLDER IS THE TIP Weather Man Warns Nebraska . Snuth Dakota to Prepare for a Wintry Day. ind WASHINGTON, Feb. 14. Forecast for Friday and Saturday: For Nebraska, s'orth and South Dakota Snow and colder Friday; Saturday fair; northwesterly winds. For Iowa Rain or snow Friday; Saturday fair In western, clearing In eastern portion; colder; southeasterly winds. For Missouri Rain or snow In northwest, fair In southeast portion Friday; Saturday rain or snow and colder; southeasterly winds. For Kansas Generally fair Friday, ex cept snow and colder In northern portion; Saturday fair in northern, rain or snow and colder In southern portion; northerly winds, For Wyoming and Montana Snow and much colder Friday; Saturday fair; north erly winds. I. oral Record. OFFICE OF THE WEATHER BUREAU. OMAHA. Feb, H. Official record of temper ature and precipitation compared with the corresponding day of the last three years: 1901. 1W. 1893. IK!?. Maximum temperature.... 43 6 44 H Minimum temperature.... 22 2 1 8 30 Mean temperature 32 4 30 41 Precipitation 00 .25 T .07 Record of temperature and precipitation at Omaha for this day and since March 1. 1900: Normal temperature H Excess for the day S Total excess since March 1 .1330 Normal precipitation 03 Inch Deficiency for the day 03 Inch Total since March 1 31.19 Inches Excess since March 1 32 inch Deficiency for cor. period, 19M,.. 4.42 Inches Deficiency for cor. period, 1899... 4. 68 Inches Reports from Stations at 7 1 M. 1 2 r "3 . a ! 5 I s STATIONS AND STATE OP WEATHER. : c ?3 rt Omaha, clear I 3Si North Platte, partly cloudy ss Cheyenne, cloudy J 36 Salt Lake, clear 32 42 46 40 34 1 52 41 Rapid City, cloudy ! 46 Huron, clear 1 42 Wllllston, partly cloudy 36 Chlraco. clear ' 22 Sol 301 .00 S2 .00 2S .00 321 .10 46 .00 46) .00 T.0I .00 ' .00 M .00 St. I-outa, clear j 60, St. Paul, clear ! 26 Davenport, clear 26 Kansas City, clear 42' Helena, clear 44i Havre, clear 421 Bismarck, clear j 42 Galveston, cloudy I soi T Indicate trace of' precipitation. U A. WELSH, Local Forecast Official. COLE COLUNGS, of Chicago. 111., went to Bloomingdale, Ind., for his health. They kept Dr. Caldwell's Syrup Pepsin in tbe house and Cole, being completely run down with stomach troubles until be conld scarcely eat anything, began taking it The results of the remedy" were not only phenomena) in their immediate cure of tbe stomach troubles, creating an appetite, aiding digestion and keeping the bowels regular, but they created a desire on Cole's part for "Syrup Pepsin" to such an extent that every time be came in tbe bouse be wanted to take a dose Dr. Caldwell's Syrup Pepsin is a remedy that every family sbould keep in tbe boose. It is an all tbe year around medicine, a sure cure for stomach troubles, a pleasant and certain laxative. uo BY L..P. Hollander & Co. of Boston, New York and Newport, , announce an exhibition at The Paxton, Omaha February 16-18, Of LADIES' GOWNS suitable for all occasons; DRIVING and WALKING COATS and CAPES, SILK WAISTS and SILK PETTICOATS, MISSES' and CHILDREN'S DRESSES and GARMENTS, BOYS' CLOTHING and OUTFITTINGS, Also samples of our choice line of DRESS GOODS and SHIRTINGS. Do You Own Valuable Papers? We hare n suite of roomR with a fire and burglar proof vault. It consists of a waiting room and two smaller rooms. Electric light. Hardwood floors. T2S BEE BUILDING It -will be a pleasure to work in offices like these, The rent is .40. We have another Bingle good sized office with a vault, only 20. R. C. Peters & Co. Rgs. GROUND FLOOR BEE UUILDING. Mormon Bishops' Pills Cfcurch a lotwwcn. roiiuitif ol teuintue, g'urpuioo, ticnses, or potency, Lost Power, In Mnr-li: SE.Il Has ra. Km blllty. Meadachaj, Unfitness to wmta Ti(rilff rtf B.aTlH. funftioo. ix.ur rrt ocuondent. XftM. StlmaUtea tha train and lierrt center. a bcl. for fa to rr mall, asaaaaaaaaj a written guarantee, to cum af money refunded, with a boaea. Omlart free. AddraSS, eliahOP Remedy Oo., San frandSCO, Oak FOR KALE 11 MYE.KSolUL.LU.1 JJHUU CO, lfJTU AAD KAHNAM. WHEN M M YOU V 1 Tired., ntujeited and low spirited. the machinery cl the body Is dosed up somewhere. - You should tike a few doses ol PRICKLY ASH BITTERS It b a thorough system cleanser and will mike you feel brlsht, vijorous and cheerful. SOLD AT DRUCCISTt. Price, 81.00. For Grip aches use Dr. Miles' Pain Pills. old by all Druggists. A HIGH BALL m made with 1LERS PURE MALT WHISKEY Gladstone Bros., Acents, Omaha. THE BEST PERSONALLY CONDUCTED TOURIST EXCURSIONS Run via the GREAT ROCK ISLAND ROUTE Leave Omaha BIB M Sne Rfe throuth Colorado and Utah WEDNESDAYS'. FRIDAV5 AND SATURDAYS. For Information and "Tourlft Dlctlorurv" at C5(I)3 RESULTS TELL S fit THE BEE WANT ADS PRODUCE RESULTS. .1 mm "ue t in tit orr 59 yttn tr h le4f of tht Mvmrm carts tbe wont curt tn old ftn4 ywjnr arlilnr liom eff-1t ciriroie - imounr. Curat LOST MannOOO. nfna r-L.na. SDarmntormoiin Insomnia. PR Nlcht-Lotses, 8oei nal atmlsaln Marry, loss of oni, knrnn iibcK) narrows wer- oomen, vnricociia, chom. BtoDi iter- lln,.t arc lmoaeojat?. ImparvV ifor ana prttney to a. cure li at haM. faTTTIl Kettorrf tmlll. urtirrrlcrr-l JOBBERS & MANUFACTURERS OF OMAHA BOJLfK AND aiilf ihuN WORK hraka, Wiison la r uf.ii: a ffiiiiams acceaaars Wllaaa A Drake. Manufacture boilers, amoks stacks an( breechlnca. presaure, rendering, sbeep din lard and water tanks, boiler tunes coni tantly on hand, sacond band boilers bought I and sold. Special and prompt attention to remits In etv o ronntrv iHin th n1 Plerra DRY GOODS. E. Smith & Go. Importers and Jobbers ol Dry Goods, Furnishing Goodk AND NOTIONS. ELECTRICAL SUPPLIES. Uestern Electrical V Company Electrical Supplies. Electric Wirlnc Bells and Gas Llrstlat O. V. JOHXBTOar. Mgr. 1510 Howard St. SAFE AND IRON WORKS. Davis & Cowgill Iron Works. MANUFACTUTtKRS AND JOBBERS OF MACHINERY. QKNERAL REPAIRINO A SPECIALTY IRON AND BRASS FOUNDERS. lftOl, ir.03 1505 Jaokaoa StrMt Omaha, Ne. Tel. R38. E. Zabjlslde. Asent- J. B. Cowgill. Mjra ELEVA10R SUPPLIES ELEVATORS Improved Quick and Easy Rising Steam, Electric and Hand Power Elevators. AUTOMATIC HATCH OATC8. Bend for catalogue. KIMBALL, BROS., COUNCIL BLUFFS, Itk MM tn BlaL a!ephon 1U. c. H. Davis & Son Asenta for the Rlchiaoal fiafrtr Gate, ana Fire Doors. EloTator Hydraulic and Hand Eleratorf). Elevator repairing a specialty. Leather Valye Cups for Elevators, Engines and FrtntlaK Preissea. CAROLINE ENGINESAND GAIN ELEVATOR MACHINERY David Bradley & Go. Council HIutTs, Iowa Gasoline Engines Vertical, Horizontal and Portable, from one horse power up. Jobbers of Agricultural Implements ant everything in water, steam and gas sup piles. RENOVATOR InTlgorutea and rrnoTates the system; purines and enriches the blood; cure tho worn dy.pepsla, constipation, headache, liver and kidneys, escandll atdrUKRtjts. Free iwiTice sample aaa hook. i Or, I. J. Kay, Sartora, N Y. R ENQwra BUY THE GENUINE SYRUP OF FIGS MANUFACTURED BT CALIFORNIA FIG SYURH CO., NOTE THE NAME. A! Lr.KojHUticurecurfa.lt U LI CUlC female diseases. At druc- ana julrjce f ie. Dr. U. J. Ka. Sarbtoc, N. V. RIPAN'S TABU1.E9 la an effectual cur tor the IUe which oiietnate In a bad rtoat. aca. 10 tot 6c At all drusclata. R 1