THE OMAHA DAILY BEE: MONDAY, IT, 1901.
KENNEDY JURY CANNOT AGREE
Iftw York Doctor's Guilt of fiejnolds Mur
der Still UncUUrrairwl.
PRISONER, THRICE TRIED, SHEDS TEARS
Wlie ii Ordered Hnck to Tomb In (Inly
Ch-ereil by Attorney Moore
riinm to llnvp Indictment
Qnnshed.
NEW YOIIK, June 16. The twelve men,
who tlncc 12:15 o'clock yesterday after
noon, at tho conclusion of the Judge's
charge, considered the evidence In the third
trial of Dr. Samuel J. Kennedy for tho
murder of "Dolly" Reynolds, reported to
Judge Nowburgcr nt 10:25 o'clock thin
morning that they were unablo to agree
on a verdict. The Judge at once discharged
tho Jury from further service nnd re
manded tho prisoner to the Tombs,
Wheu the foreman of tho Jury announced
the Inability to agree Dr. Kennedy seemed
unable to comprehend tho situation. Then
the tears enme to his eyes and his face
showed the effort be was making to con
trol himself and crush his disappointment.
But tho smllo that had been marked
through most of tho trial came back
quickly and grew'' brighter as he caught
the cyo of Dr. Moore, his attorney. Imme
diately after the adjournment of court
tho attorncya for tho defense saw Judgo
Newburger In regard to their next step
In behalf of Dr. Kennedy. The Judgo snld
that tbey should see District Attorney
rhllbln as to whether ho would agree upon
what course to be pursued. He said that
be (the Judfje) would be out of town to
morrow, but that they could appear beforo
him on Tuesday to make whotevor motion
they desired, Mr. Moore will ask District
Attorney I'hllbln to move the quashing of
tho Indictment arid If tho latter does not
take this atep to free Dr. Kennedy, Mr.
Moore himself will make that motion, argu
ing that the state has shown twice Its In
ability to convict his client of the crime
and tho old Idea that disagreements are
equivalent to ucqulttal ought to prevail In
this case.
Five llnllotft.
On the first ballot taken the six who were
willing to vote In advance of n discussion
of the case stood two for acquittal, three
for conviction of murder in tho first de
gree, one for conviction In the second de
gree. The other tlx put In blanks.
The first formal bnllot resulted: For ac
quittal, 6; for conviction, 6. The next bal
lot stood: For acquittal, 7; for conviction,
5. Thus the Jury, stood until the sixth bal
lot was reached, when tho result was: For
acquittal, 8 for conviction, 4, and four
more ballots resulted, the same way, ten In
all being taken.
Emlllne C. Reynolds, better known as
"Dolly" Roynolds, was found dead with her
head crushed In n. room at the Grand
hotel August 16, 1898, where she had gone
with a man answering Dr. Samuel J. Ken
nedy's description, according to the testi
mony of witnesses. In the dead woman's
corset wris found a check for $13,000 signed
"Dudley Gideon" and Indorsed by "Samuel
J. Kennedy." The police theory regarding
this was that It was In payment of alleged
wlnulngH at the races,
Tho evidence showed at the trial of tho
cbbo In tho criminal branch of the su
premo court In tho spring of 1899 that the
woman's skull bad been crushed with a
piece of lead pipe, alleged traces of which
pipe On Dr. Kennedy's clothing wero al
leged to have been discovered by the
police.
Dr. Kennedy was convicted and sen
tenced to be executed at Sing Sing. The
court -of appeals on- November '20, 1900,
banded down a decision granting a new
trial to Dr. Kennedy fond he was prose
cuted' bfore Justice Fursman during tho
latter part of last year for the second
time.
This trial resulted In a disagreement.
District Attorney Phllbln transferred the
case to general sessions and assigned As
sistant District Attorney Osborne to prose
cute It. Tho third trial began' May 6.
South Omaha News
t HrMHra-amijMn
A treat deal of dissatisfaction was ex
pressed yesterday at tho result of tho work
of the tax commissioner. When the people
who framed tho new charter advocated tho
election of a tax commissioner there wero
somo who wero disposed to complain at
what was called a needless expense. Those
Interested Insisted that by having a tax
commissioner tho valuation of tho corpora
tions would bo raised, thus compelling the
big concerns to pay tho samo proportion of
taxes bb the small homo owners.
One proporty owner who has largo landed
Interests' In tho heart of tho city said last
evening! "As a tax commissioner Fitz
gerald has proven hlmsolf a failure and I
learned' "today that thero Is somo talk of
holding an Indignation meeting for tho
purpose of adopting resolutions censuring
Mr. Fitzgerald for tho manner In which he
made the city assessment. When tho tax
commissioner section of the charter was
brought up last winter tho packers wcra
called together and at first they were dis
posed to fight the project, but they finally
agreed to stand for double the valuation
of 1900. Fitzgerald has not turned In the
valuation as virtually agreed upon, al
though I am suro be waa awaro of the
agreement of the pockeit. As a result tho
city vlll bo compelled to put up with an
other high levy. It was expected that there
would bo a high valuation this year and a
low levy. Unless the Board of Review
makes radical changes In the assessment
the levy will be not less than 60 mills."
At, tonlgnt's meeting of the council some
arrangements will bo mado for securing
rooms for tho meeting of tho Board of
Review. On account of the Indignation
expressed at Fltzgcrald'B actions It Is poa.
elblo that tho board may decide to In
crease the valuation of tho corporations.
Inu speaking of this matter another well
known property owner said: "Unless the
Board of Review rectifies tho errors mado
by the tax commissioner tho business men
will go Into the courts and endeavor to
secqro an equitable adjustment of taxes.
Although I Bupportod Fltxgorald for office
when ho was a candidate, I will say that
he Is certainly a disappointment."
Members of tho council are decidedly
sore at tho result of the assessment and
sonde Interesting developments may be
looked for shortly. The charter gives the
tax commissioner throo months In which
to completo his work. It further provides
that be shall devote all of his tlmo to tho
city In lieu of a salary of I1.R00 a year.
DUtles other than those described In the
charter may be provided for by ordinance.
More than likely an ordinance will bo In
troduced tonight detailing Mr. Fitzger
ald as a clerk In the treasurer's office. Tho
treasurer needs more help and as Fits
gerald has the reputation of being a good
accordant his services will bo of con
siderable valuo to the treasurer. Taxes
becomo delinquent twice A year, now, In
stead of onco and, consequently, a great
many more receipts 'have to be written.
A member of the council who called at
Constipation
Headache, biliousness, heartburn, indi
gestion, and all lrer Ills are cured by
Hood' Pill
Sold by all druggists. 33 cent.
The Bee office yesterday afternoon said.
"Don't worry, Fitzgerald will be compelled
to devote all of his time to the city. He
expects that ho can hold his Job as secre
tary of the building and loan company and
bo tax commissioner also, but you may
depend upon It that ho will be required to
devote all of his time to tho city. Thu
council may by ordinance fix the salary
of the tax commissioner and It would not
surprise mo any If a radical change In the
commissioner's salary wero made beforo
long."
It Is expected that the Board of Review
will meet on Tuesday for tho purpose of
organizing.
Woodmen Return.
The seventeen members of the drill team
of Modern Woodmen camp No. 1095, who
went to St. Paul, returned yesterday. Al
though this team drilled three or four times
a week for several months In order to com
pcto for the prizes nt the annual reunion
no exhibition drill was given. Owing to
dissatisfaction the team decided that It was
useless to go on tho grounds and competo
for nny of the prizes. Members of the
team assert that the awards were virtually
made by tho Judges beforehand and this
caused quite a number of teams to drop out
of the contest. Tho members enjoyed tho
trip greatly and regret that the conditions
wero such that they could not entor the
competitive drill.
Pontoon llrlitRC Stock.
Tho subscription books of the Pontoon
Brldgo pnd Ferry company will he closed
today. An officer of the corporation stated
last evening that $10,000 had already been
raised und that all the company needed to
commence operations waa $12,000. The
company now has a first-class ferryboat
In view and will, It is stated, commence
operations shortly. It appears that there
Is no necessity for city ordlnances(govern
Ing tho landing of ferryboats here and
as tho company has already secured n
county license and permission from the
government this Is all that Is required.
Street Fnlr Mutter.
Work Is progressing rapidly on tho arches
to be erected at Twenty-fourth and M
rtroets and at Twenty-seventh and N
streets. These arches will bo constructed
In sections, so as to place them In position
a day or two before tho fair opens. Sou
venir buttons of tho occasion arc being
distributed to citizens and strangers and
a contract has been let for the posting of
bills, etc. Somo startling posters havo
been secured and these will be distributed
all over this section of the state. Every
effort Is being made by the managers of
tho fair to bring a big crowd to the city.
Meniorlnl Services.
The local lodges of Odd Fellows held
memorial services yesterday afternoon.
Services were held at Laurel Hill cemetery,
after which tho lodges and visitors Joined In
public services at the temple, Twenty
fourth and M streets. Rev. Dwlght Jenks
of Omaha and Mrs. C. L. Talbot of this city
wero tho principal speakers.
.MukI" City Gomlp.
The city council meets tonight.
Miss Jessie Rico has gono to Indiana to
spend the summer.
Henry Lewis will return today from an
extended southern trip.
The P. K. O. society meets with Mrs. M.
Curl Smith this afternoon.
Mrs. P, II. Shields, 2209 M street, Is re
covering from a sevcro Illness.
Bishop McCftbe will prench nt the First
Methodist church on bunday, July 7.
Frank Merrill returned yesterday from
a week' vacation spent at Noble's lake.
Sir. nnd Mrs. Henry C. Richmond have
returned from an extended western trip.
Charles Truax and Mrs. Nellie Keith
were married Saturday evening by Rev.
Dr. R. L. Wheeler.
Rev. J. A. Johnson of the Methodist
church leaves toduy for Kansas City to
attend the wedding of his niece, Mlsa ZCttu
Roscberry.
A reception will bo tendered to Miss
Bertha 15. Clark on Tuesday evening at
the .Methodist parsonage. The Epworth
league Is to have charge of the affair.
Children's Any exerciser were observed
at the First Preabytcrlnn church veiter-
day forenoon. These were followed by a,
reception or tncmoers nna uie uapusm or
children.
WILLIE C0TT SERIOUSLY HURT
Taken Home IIIcciIIiik nnd llncoii
Nt'loun by TniP Men, Who Full
to Ulvc 1'nrtluulum.
Willie, tho young son of Gcorgo Cott of
tho Martln-Cott Hat company, was severely
Injured last evening while bicycle riding.
Tho manner In which ho received the In
Jury Is unknown, but It Is supposed that
ho fell from his wheel and struck the
pavement or a curbstone.
Tho boy was taken to his home at 2226
Mason street by two men at 7:30 o'clock.
Tho mother vas home alone and became so
excited ovor her son's condition that she
failed to Inquire about tho accident or
ask tho names of the men. He was un
conscious nnd had a severe contusion on
tho lower bock part of the head on the
right sldo Blood was flowing freely from
tho right ear and bis condition was se
rlotiB. Dr. W. A. Edmlston was called at
once. He snld there was every Indication
of a fracture at the base of the brain, but
that this could not bo determined for some
time. The boy regained consciousness later,
but seemed dazed and became greatly ex
cited, when spoken to. He could not tell
what had happened,
Tho police station was notified and de
tectives wero detailed to ascertain, it pos
sible, the manner In which the Injury was
received.
PERSONAL PARAGRAPHS.
J. P. Elmore of Alliance, Neb,, is In the
city.
William D. Slsson of Beatrice, Neb., Is
at tho Millard hotel.
Nebraskans nt the Murray: H. H. Church,
Lincoln: Al J. Walker, Clay Center: Frank
J. Burns, Kxeter.
Mrs. Fred Temple of Lexington, Neb., is
In tlie city visiting tne rnmuy or ner sister,
Mrs. J. W. Hubb, of 1319 South Thirty
second street.
Nebraskans nt the Merchants; A. II.
Brown, Lincoln; James Novlls, Albion:
William H. Pruner and family, Kennard;
O. O. Harrison, Kennard: W. II. Car
ruthers, Lincoln: A. H. Shepard and son.
Ansley; 8. F. McNIchol. O'Neill: Frank
Howe, Blair; J. II. O'Shea, Lincoln; Mrs.
A. I Iney, Humboldt; F. H. Heuermann,
Arlington; E. J. Long, Schuyler; C. Ken
nedy. Kearney; B. E. Abbott, Lexington;
V. H. Young, Qenou; A. P. Cully, Loup
City,
Tim Ormsby Talks
Tim Ormsby and the desk sergeant were
discussing excursion rates, when Tim took
occasion to Illustrate a point with a narra
tive. "Yes, ono-and-one-thlrd fare round trip
Is pretty good," he said, "but ono time I
gets a ride free an' a torch throwed In.
It's down In Mlssourle. About forty miles
out of Jefferson City I swings onto a way
freight And Jlst ns she strikes the toboggan
on the down grade and hits a thirty-five-mllo
clip hero I sees the brakey comln'.
'It's all up with you, Timothy,' I says, an'
I can see myself turnln' double handsprings
down the cinder path.
"Well, as the brakey comes up I stoops
over to show him whero to kick, but he
says, 'That's all right, pard. You've got a
through ticket. The main works wants to
see you back in the caboose, an' here's a
Havana do stlnko for you.'
" 'How's this?' I says, breakln' open the
torch to see what it's loaded with. 'Has
Jay Gould bought this road an' turned It
Into a charity bazaar?'
" 'No,' ho says, 'but they's a 'lection down
here to Sedalla, an' If the main works o'
this train lands more o' you languid Larries
In town than the conductor o' that (lacier
PARTITION OF THE PACIFICS
DcstinT StttUd fcr All thi tis.n'i T
- n
to the Ocstn.
HARRIMAN RULES WEST OF CHICAGO
UN Consolidation Represent), Flft
I'lte Tlioiixnhd Mile of TrnoU
Southwest nt St. Louis
Left fur d'onld.
CHICAGO, June 16. Tho Tribune tomor
row will say: That tho Harrlman comblno
hos secured control of the Chicago, Milwau
kee & St. Paul And that a composlto agree-1
meut has been made to perfect a community j
of Interests among roads that have tracks
enough to twice belt tho globe Is generally
occepted In railroad circles. The sudden
departure of Mr. Harrlman for the east, ac- j
companlcd by President John J. Mitchell of
the Illinois Trust and Savings bank, was
announced In support of the statement that
Mr. Mitchell and others bankers would
furnish tho funds for the completion of the
Milwaukee & St. Paul transfer.
Tho meeting of tho western officials with
Mr. Harrlman Is believed to havo been the
result of the recent controversy over con
trol of Northern Pacific stock which drove
short holders to cover at $1,000 a share. A
few email roads out of Chicago arc not I
parties to tho agreement, but It Is under-
stood they will consent to anything that (
wilt maintain rates and end the squabble
that has beon kept up In tho past among
tho various western lines.
It was asserted tonight that all the roads
west, northwest nnd southwest from Chi
cago to the Pacific coast will be controlled
In future by the following Interests: Lines j
west of Chicago to the Pacific coust, by j
HarrlmHn, Kuhn, Loeb & Co. and tho Rock-
efellersi lines northwest from Chicago, by i
Hill and Morgan; lines southwest from St. '
Louis, by Oould and tho Rockefellers; lines
southwest from Chicago, by tho Atchison,
Topcka & Santa Fe, to which probably will
be added beforo long tho Chicago, Rock
isionu & racinc.
J. Plerpont Morgan and K. II. Harrlman,
however, will bo tho real dictators and di
rect tho policy to bo pursued by these com
binations, thus establishing the "community
of Interests" which has been the plan of
Mr. Morgan.
The railroads Interested In the Harrlman
consolidation, with their mileage, are tho
following:
, Total Mileage
iP??'1, . - Jllne 2, M9).
Atchison, Topcka & Santa Fe 6,lti
Southern Paclllc 7,CH
l'nlon Paclllc 4.4 w
Northern Paclllc 4,524
Clllcatro. Milwaukee St Pmil . R ti
-iui-iiK v rorwiwestern
Chlcugo Burlington & Qulncy
Missouri Paclllc .
Great Northern
Cblcngo & Alton
Wabash
Total 6J.WJ
DEATH RECORD.
Ilev. John 1 Dyer of Denver.
DENVER, Juno 16. Rev. John L. Dyer,
ono of tho most famous preachers who has
figured In tho history of. tho west, died
here today of paralysis of .tho throat, after
a lingering Illness. Rev. Mr. Dyer was born
In Frnnklln county, Ohio, In 1812, moved to
Illinois In 1831 nnd served through the
Blackhawk war. "Father" Dyer, as he be
came known, began, preaching In Wisconsin
In 1S19, and was the oldest, If not tho last,
of the old Methodist "circuit riders."
Coming to Colorado In 1SG1. he met with
many thrilling adventures in his travels
in this state and New Mexico, and through
his zeal In preaching the gospel to the
widely aeparated nnd almost Inaccessible
raining camps, in a kinds of weather,
earned the sobriquet of "The Snowshoe
Itinerant." He Is tbc nuthor of a book
bearing that title. His picture Is among
those given a place In tho dome of the
Statu cnpltol, as a testimony of hln lltcwork
and a pioneer in the winning of tho west.
(icuernl Wtlllnni f.ardner.
MEMPHIS, Tenn., June 16. General Wit
llam Montgomery Gardner, a veteran of
the Mexican and civil wars, died here to
night, aged 78. General Gardner graduated
from tho military academy at WcbI Point
In the class of 1616.
rniEM axd protector.
Ilcmnrkalile Pluck nml Skill nf mi
lawn filrl.
All men should mightily rejoice becauso
Miss Caroline Jarvls of Iowa City, la., has
demonstrated beyond question that tho ad
vanced woman of the twentieth century
stands ready at a moment's notice to take
a protecting interest In masculinity which
means much tor the safety of what was
once known as the sterner rox.
But for the pluck and skill of this Miss
Jarvls, relates the St. Louis Republic, one
R. M. Fagan, a student at the Iowa State
university, at which Miss Jarvls herself Is
a freshman or freshwoman or freshglrl
would now bo gathered to his fathers. The
two wero out boating together and a sud
don squall upset their little craft, throwing
them Into the water. Fagan being unable
to swim, Miss Jarvls bravely went to his
rescue, swam with him to tho capsized boat,
to which he then clung while tho girl
steered tho wholo outfit to shore, swimming
at the stern of tho boat and pushing It
nnd young Fagan ahead of her.
To a fair-minded person masculine abuse
or ridicule of the new woman will seem
anything but graceful or decent after a
reading of this feat performed by Miss
Jarvls of Iowa City. Life will lose many of
Its terrors for mnn If woman thus fits her
solf to bo his 6Avlor In times of sudden
peril. The significance of tho Iowa In
cident should not be missed. It Is full of
promise for masculinity's greater comfort
nnd security In the near future.
Fire on Sixteenth Street,
Fire broke out In the borne of Oeorgo
Elliott at 3107 South Sixteenth street at
8 o'clock last night, starting from a lamp
on a bureau In a downstairs room. Tho
damage to building and contents was $75.
Insured.
linn on the Klrksvllle division he gets to
name the head clerk o' the city recorder's
office.'
"And that's why I rides Into Sedalla on a
horse-hair cushion, smokln' a torch an'
talkln' politics with tho main works."
"Yes, but there's none of those snaps go
Ing now," said the desk sergeant. "In these
days of trusts And combines competition is
a thing of the past."
"Oh. cut It out! Cut It out I" 'exclaimed
Tim, "Why, right here In Omaha compe
tition Is honed down to a razor edge. When
you see concerns so keen tor a Jab o' work
that they'll do It for glory an' crateage
throwed In, don't hand me no mess o' talk
about combines. Look at that Redoll case
soon as It gets out that he's to be canned
everything In town from the city council to
th' park commission and from th' trustees
o' th' church to th' arbitration committee
o' th' Iron works sends In a bid. Redell
tricB to get 'em to stave It off till the
Fourth o' July, cause It's against the law
to fire a man Inside th' city limits, but It
don't go.
" 'We'll pull off that Job,' says the board
o' rapid fire commissioners, 'with neatness
an' dispatch, an' give him a license to quit
children have their day
Little folks of llnnseoni Park Meth
mlht It it roll Itiilulne In
Celebration.
Tho celebration of Children's day, which,
on account of rain, was postponed last
Sunday, was observed yesterday morning at
tho Hanscom Park Methodist Episcopal
church. The Sunday school room was dec
orated with cut flowers and the American
flags. A large platform vas erected In
tho front of tho church, upon which wero
seated tho members of tho Sunday school
classes, under tho direction of the super
intendent and his assistants. Tho music
for tho occasion was furnished by Miss
Allen's orchestra,' which accompanied tho
vocal numbets and rendered several selec
tions during tho ceremonies. The choir
of tho church was pressed Into service and
rendered several selections, among them
being the "Gloria" from Mozart's "Twelfth
Mass," and the "Hallelujah Chorus" from
Elijah.
Those who took part In the program
were William Armstrong, Lillian McDonald,
George Clark, Juliet Carter and the pastor
of the church, Rev. Clyde Clay Clssell.
Prizes were awarded the children for
their collections to aid In paying the
church debt. Everyone who turned In $1
got a button bearing a picture of the
church and tho legend "I Have Have
You?" The cash prizes ran up to $10.
Amusements
Ferrla Stock Compnii)'.
"Taken from Life," a genuine English
melodrama, was put on at the Boyd last
night by tho Ferris Stock company. The
piece Is of the typical British sort, In
which the villain Is damnable, the hero Is
heavenly and talks in husky undertones;
whero the heroine steers her way through
all Borts of difficulties, while she waits as
did Penelope for the return of Ulysses, and
even gives one the Impression that she
knows Just how the affair Is going to turn
out. Of course there Is a stableyard scene,
and a live horse, and a lot of talk about
tho "darby," but the bulk of the play hinges
around an estate and the love that makes
ono man virtuous and another a criminal.
Five acts arc needed for Its unfolding,
and everything comes out well In the end.
Tho members of tho company find them
selves well fitted with the several parts,
nnd yesterday sucseeded In pleasing two
assemblages whose size was limited only
by tho capacity of the theater. Manager
Bear has placed some ventilating fans In
the lower part of the auditorium, and will
be ablo to supply plenty of cool fresh air
at all times.
Kruir Pnrk.
The weather favored Krug park yesterday
an.1 the second largest crowd of the soa
son attended the big Xnmlly resort. The
scene was one of animation and Joy all
through the afternoon and evening. All
the swings, seesaws, settees and chairs
were In constant use and suggested to tho
management an increase of paraphernalia
of this nature to accommodate the fine-day
attendance.
The big tent of 'Morris dog and pony cir
cus was completely filled with enthusiastic
admirers of the trained animals at both
performances. The dogs nnd ponies are
prime favorites with tho women and chil
dren, nnd the circus Is one of the first at
tractions to receive their patronage.
The band gave two concerts, which were
thoroughly enjoyable, the program being
among the very best that has been rendered
by this popular organization. A dozen more
monkeys were received yesterday and wero
moved Into their new quarters. This happy
family now has oer twenty members and
Is one of the Interesting features of tho
park. The m6n'keV Xmas' proved so very
funny that many requests have been made
to have It repealed, therefore a fiesta will
be arranged for the monkeys next Saturday
Afternoon.
It Is getting to be n popular thing to
make up parties to spend the evening at
the Krug. Its splendid Illumination and
many features strongly recommend It for
these events.
TO CELEBRATE THE FOURTH
South Slide fie nil mi Drnmntlc Club U
Making; Uliiliornte Prep
unit Ions.
The South Side German Dramatic club
is arranging for a celcbrollon of the Fourth
of July at Byron Reed's park, Twenty-first
and Martha streets, the proceeds of which
are to go to St. Joseph's school. After
noon and evening programs will be enacted,
comprising music, drills and other at
tractive features, concluding with fireworks
In the evening. Tho societies of several of
the Catholic churches will participate In
the rendition of the afternoon and evening
exercises, which will be conducted chiefly
by the children of St. Joseph's school.
PICTURE DRAWS CROWD
Omaha People Flock to I.liitntter
Gallery to See "Return
of Spring."
Callers at the Llnlngcr art gallery were
moro numerous Sunday tban usual on that
day, as many were drawn thither to see
tho newest addition to the. art treasures
of the gallery, Bougucreau'n "Return of
Spring." The picture was shown on tho
north wall of the gallery. It Is Impossible
to detect any trace of the mutilation of
tho canvjs by Carey Judson Warbtnton,
as It has been completely restored and
shows not the slightest blemish.
Chamberlain' L'olle, Cholera and
Illnrrlioen Iteniedi-
Is the best and most popular medicine In
use for bowel complaints, It never falls
and Is pleasant to take. Mr. R. Woodward
of Rosslyn, Ky., says; "I have handled
Chamberlain's Colic, Cholera and Diarrhoea
Remedy for twelve years, have never sold
a bottle that did not give perfect sallsfao
tlon and It Is the best selling diarrhoea
medicine that I handle." For sale by All
druggists.
Mixes Up Excursion
Rates and Politics.
business with a red seal an' purple tape
onto It for lera tban any other house In
the Omaha territory.'
"Mr. Olrlle, which Is Redell's trainer,
reaches for th' Ink to draw up th' contract
when In steps tho city council an' raises
the ante,
" 'We ain't In tho fire business exclu
sive, Mr. Olrlle,' they says. 'It's only a
side line with us, an' we carries a large
stock of other goods, but we ain't goln' to
be underbid. They can't no cheap skate
of a fire rnmmlmlnn tell us whom In ca!
nv
off. So we'll give your man clearance
papers an- write -em oui on a typewriter
an' put a frame around 'em, an' It won't
cost htm a cent. All we asks is that season
ticket o' hit to watch the newsies make
oaso runs out bebind tn' city hall. An,"
by the way,' they says, Mf that man o'
yours has got any o' that lyddite profanity
on tap that he used to put out fire with,
you might have him charge a few o' them
Babcocks with It an' leave 'em In the
hall,'
"An so the rapid fire commission lost the
jod an- mat's wriy It s out now lookin'
for a Job settin' up pins In a bowlin'
alley."
CITY TAX COMMISSIONER
Decision Euprems Court Awaitid to De
termine if He's Constitutional.
LINCOLN OFFICEHOLDER IS AT STAKE
Case In tlellec(l tn Affect Omnhn n
Well. Ilei-nine LanftnnRe nf the
Chnrter In :letitlenl In
the Two Cltlus.
(From n Staff Correspondent.)
LINCOLN, Neb.. June 16. (Special.)
Decision of the supremo court In the case
Involving ihn nn.H),,,innnii.,. , m
of the city tax commissioner Is awaited I Superintendent Cllwauger. The Instructors
wlth.lntercst by all taxpayers of Lincoln. er: Superintendent J. W. Searson of
hut It Is n singular fact that only twolho0' S,"ert n,nien' T'' , V""11,0'
Iamo coloration in .h ,.iiv - ...iwi, Syracuse and 1-rof. Robert Hunt. Instructor
engaged In the clfort .to knock out the
office. If tho law Is allowed to stand, alkl""' .'T ,', "c c" CT . ' .
croncrtv owner, win mPn.,.hi, h ',M "senunt. history and the beginners' round-
property owners will -probably be called
upon to pay a greater amount of taxes In
fuluro years than thoy over havo before.
but thoy are not very loud In denouncing
the change.
In his argument before the siipromo court
this week, City Attorney Strode will Insist
that If the sccttou of tho Lincoln charter,
which creates tho onicc, Is declared un
constitutional, this decision will apply, not
only to Lincoln, but to Omaha, for ho
says that the section In question ts a re
production, word for word, of tho tax
commissioner section of tho 'Omaha char
ter, with one or two trivial exceptions,
which do not enter Into tho consideration
of this case. Mr. Strode has outlined his
argumont In a brief, which will, be filed In
tho supremo court tomorrow morning. The
case Is on tho call for this week's sitting
of court and unless something unforeseen
occurs, it will be heard on scheduled time.
Tho Lincoln Gas company and Lincoln
Traction company arc supposod to be the
corporations back of the fight against the
law.
fin Const Itiitloiuil tirouiuls.
Opening bis address, City Attorney Strode
says. "Tho right of the city tax commis
sioner to his ofllcc, as understood by coun
sel for defendant, Is questioned on the
ground that tho provisions of the new
Lincoln charter, rrcntlng tho office of tax
commissioner, are unconstitutional. Other
provisions of tho charter than that creat
ing tho office of tax commlskloner nro not
Involved In any way in this suit.
"Before taking up the nrgument of
counsel for tho state, we desire to direct
tho attention of tho court to the fact that
tho provisions of the new charter of Lin
coln creating tho office of tax commissioner
wero practically word for word from tho
provisions In tho Omaha charter, with tho
exception of sections 34, 35 and 36, which
refer to return of assessments, filing of
schedules with the clerk and tho oath of
the tax commissioner. Assessments have
been made and taxes levied under the
provisions of tho Omaha charter for years.
"Millions of dollars of rovenue have been
collected under Its provisions and, presu
mably, thousands of dollars remain uncol
lectcd. The revenues of Omaha, as well
os Lincoln, depend upon the validity of
these provisions. If this law cannot stand
under the constitution, then Omaha and
Lincoln will be left financially stranded
without revenue and without the means or
ability to provide. So we urge upon the
court at the outsot the gravity of the
situation nnd the Importance of tho ques
tions presented. This law should not be
declared unconstitutional unless there be
a substantial violation of theVconstltutlon.
Upon the validity of tbs law depends the
financial welfare or ruin of two oltlcs, and
It Is hot "fit tlmo or place for foolish,
frivolous or trivial objcc.lons.
Heni)ii for the Claim.
"It Is claimed on tho part of counsel for
the state that this law Is unconstitutional
for tho following reasons: First, because
It Is Indeflnlto and uncertain; second, be
cause It violates the principles of equality
and uniformity In taxation; third, because
it Is special legislation, and, fourth, be
cause It violates section 11, article 111, of the
constitution to tho effect that no bill shall
contain moro than ono subject and the
some shall be clearly expressed In Its
title, nnd no law shall be amended unless
the now Jet contain the section or sections
so amended, nnd the section or sections so
amended shall be repealed."
Mr. Strode takes up the first objection
urged by the attorneys who aro fighting the
omce and gives nn extended argument to
show that tho section relating to the tax
commissioner's office Is not In any way
indeflnlto or uncertain, but be Insists, on
the contrary, that the argument of the op
position counsel in tbis relation Is de
cidedly Indefinite.
As to the objection that the act violates
the. prlnclplos of equality and uniformity
In taxation, the attorney continues: "If
'fair cash value and fair value' do not i
mean substantially the same thing, then the
charter, which requires both real and per
sonal property to he assessed at Its 'fair
cash value' compiles with tho constitution,
and tho revenue law which permits real
property to be assessed at its 'fair value'
and personal property at Its 'fair cash
value' Is Iho law which makes the discrimi
nation and destroys the uniformity And, of
course, Is the law which violates the con
stitution. Tho constitution requires uni
formity, the city charter provides for uni
formity; tho general net does not argues
counsel for plaintiff and, therefore, tho
charter Is unconstitutional, but In point of
fact the terms 'salable value,' 'actual value,
'cash voluo and tho like mean ths safiTa
thing."
Word On li .llnke Difference.
The attorney for the defendant had
argued In this connection that there was a
substantial difference between "fair cash
value" nnd "fair value," nnd In his brief
h pointed nut the fact that under tho gen
eral revenue law personal property la to h
valued at its "fair cash value," while real
property Is to be valued at Its "fair value."
One of the principal objections Is that the
act Is unconstitutional because tho tax
commissioner Is required by himself and
his doputleB to assess all property within
the city ot Lincoln at n "fair cash value,"
except the property of railroad corpora-
tlons. and that ho Is not permitted to value,
Section 40 of the revenue act provides that
the State Board of Equalization sha.l.vAluo
A.MI'HBMBXTS.
The Governor of Nebraska, his staff and
150 officials and friends from Lvicohi
will attend the evening ooncsrl by
Bellstedt's Band
at the Pavilion 16th and Capitol Ave.
Monday Evening, June 1 7:30 o'clock
The party will be at the Ak-8ar-Ben Den at 9:30 p. m.
AdiiiUaltui, nne. Reserved Strata. 10a Kitra.
Matinee, 2Bc Children, lr.c.
an': assess railroad property at Its actual
value for each mile of road or line. This
nluatlon tho tax commissioner Is required
by the statute, Under which he ctalms AUt
thorlly to act, to accept, while all other
propeny within the city Is to be valued At
Its "fair cash value." On the other hand,
It Is plain that the exception In the city
charter Is wholly superfluous, that the ex
ception Is constitutional and that If It be
unconstitutional the unconstitutionality at
taches to tho general revenue act, and not
mo city charter, and the exception alone Is
old,
Otoe t'nii'its- Instltnte
SYRACUSK, Neb.. June 16. (Special.)
The Institute that has been In session the
past woek closed Friday nfteroon with a
spelling contest. Two hundred words were
The teachers were enthusiastic In
their praise of the management of County
given. The teachers were enthusiastic In
in ncoln High school. Superintendent
table Prof. Hunt bad the grammar nnd
goography. Superintendent Delzell, secre
tary of the Institute, Instructed In arith
metic and civics. Tho Institute was one
of the liveliest and best attended ever In
Otoe county, there being 111 enrolled.
Itnshvllle'n llnsh nf tlalit.
RU8HVILLE, Neb., June 1C (Special.)
Rain has become so common here that the
people ccasn almost to notice It. Yet It
means a grent deal, not only this year, but
for tho next season's crop also, Tho ground
Is thoroughly soaked, the creeks arc run
nlng and the grass and hay arc growing
rank, There has uovcr been so much mois
ture In the history of the county as It Is
having now. Heavy showers nnd all-night
rains aro the rule and all farmers and
stockmen are Jubilant. It Is said that even
If there Is a dry season next year com
will be raised In abundance, and If there Is
a reasonable amount ot rain a good crop Is
assured.
Costly Washout tit Broken How.
BROKEN BOW, Neb., Juno 1. (Special.)
From a heavy rain part of the town was
flooded by backwater, caused by the heavy
grades across the Muddy on Fourth and
FlfUi avenues. Four two-foot tiles had
been put In the fills on each of the streets
whero they creased the creek, In order to
let the water through, but they proved in
sufficient to carry tho great volume of
water, which piled up twenty feet deep
until It reached the top of the fill, when
It cut Its way through tho grades the full
width ot the streets., The damage Is esti
mated at Jl.i'00, besides the damage sus
tained by flooding cellars.
Nnni'X llnnk n Fentnre.
TECUMSEH, Nob., June lfl.-(Speclal.)
Tho annual teachers' Institute was In this
city last week. The attendance was large
and enthusiasm marked. Prof. H. R. rat
tcnglll of Lansing, Mich., was the principal
Instructor, assisted by Miss Catherine
Cameron of Lincoln, Prof. C. N. Anderson
and Prof. C. C. Danforth and County Super
intendent Adklns of this city. Prof. Pat
tenglU's lecture on "Nancy Hanks and the
Nineteenth Century" was a feiture.
dominant nt Tj-ndnll.
TYNDALL. S. D., June 16. (Special.) A
week of heavy showers culminated In a ter
rific, downpour at noon yesterday. Two and
a half Inches of water fell In forty mln
utes. Many gardens and much low land
were covered, but comparatively little dam
age was done. There was some hall. The
roads are very muddy.
Crete Woodmen rtenieuiuer.
CRETE, Neb., June 16. (Special.) Ivy
Leaf camp. Modern Woodmen of, America,
hold menirirlalexerclscs today. The camp
is the largest fraternal organization in
Crete. Thero were 160 neighbors In line.
Dr. J. W. Trlplett delivered the memorial
address.
New Church at Pierce.
PIERCE, Neb., June 16. (Spoclal.) The
building committee of tho Methodist Epis
copal church has decided to erect a modern
church In the place of the old building that
was burned. With the Insurance on tho
old building and money subscribed the fund
available Is 2,70O, and a $3,000 structure
will be built.
Ilrenkn Doth Arm at Ailiuna.
ADAMS, Neb., June 16. (Special.)
Frank McDoodle, a lAborer, fell eighteen
foet from the roof of the N, C. Shaw's new
brick block last evening, fracturing both
arms and recdlvlng a cut across the fore
head. Ho was trying to wheel n load of
bricks along a ten-Inch plank and lost his
balance.
Honrs' Clas llniigrj- for Honors.
PLATTSMOUTH, Neb., June 16. (Spe
clal.) The Plattsmouth Turnvereln enjoyed
a picnic In Patterson's park thl nfter
noon. Tho Bears' class gave a grand ex
hibition. This class will attend the Mis
souri Valley Turnbszlrk In St. Joseph,
Mo., June 22 and 23 and expects to win all
the honois ot the senior class.
rinttamonth Memnrlal,
PLATTSMOUTH. Neb.. June 16. (Spe
cial. J Platte lodge No. 7. Independent
Order of Odd Fellows, observed memorial
day In their hall and, accompanied by the
B. & M. band, marched to the cemetery
and decorated tho graves of their brethren
today.
Decorate at Tnhle Ttork.
TABLE ROCK. Neb., June 16, (Special.)
The Ancient Order of United Workmen
and the Degree of Honor met today,
marched to the cemetery and decorated
tho graves of members with floral offer
ings. FIRE RECORD.
Itnnkel Chneolnte Factory.
NEW YORK, June 1. The chocolate
factory of Runkcl Brothers was destroyed
by fire early today. One of the firm esti
mates the loss at 1250,000, which Is largely
covered by Insurance. The factory em
ployed ISO bands.
niose In a Brickyard,
Fifty dollars' damage was done the sheds
over the kilns at Corneer & Croft's brick
yards, Twenty-fourth and Dorcas streets,
after t2 o'clock this morning. While the
' !'rmw . wr, r5J!Uf-Jn """"Ponse to a
iottdbox' mo?Thrpam n?wt&.
Universal satisfaction given by
KINGSFORD'S
OSWEGO
"PURE"
STARCH
for the Laundry
Dr. IV! c Grew Specialist
:6 years experience IS years in Omuha.
DISEASES OF MEN ONLY. ,
v ariiuiv.i, tijurucuiv, aiilctuiv. .ilood
Dlseascu in all btuues, Nervous Debility,
and all unnatural Weakness. Cures Guar
anteed. Charges Low. Hours: S a. m. to I
U. m. SundaVB. K u. in. In n. m. ltux Tiki.
ottico ovci :ii Ho. Htli St.. between Fauiain
and Douglua Sis., Oinuba. Neb.
t. S. CHIl. .'. ft IlckH lnl. T ISCM.
RENOVATOR ln-igorntes and renovate the
system; purifies aud cnrlcbcs tbo blood: cures
the worst dyspepsia, constlpntlon, headache,
liver and UHnejs. 2Soand$l ntdrucgUts- Free
R advice, sample and book. saaaaas
Dr. B. Jj Kay, Saratoga, N.Y.
ENOVATOR
HOTELS.
THE CHICAGO BEACH
Has nearly 1000 feet of veranda like the above.
A high-class rcldcntlal, tourist and transient
hotel on the lake shore. 4ft0 outside rooms, Sta
bath rooms. Most delightful abldluir place In
summer or wlnterln the West, 10 minutes by
III. Central exp. from theatre and nhopplng
dltrlct of Chicago. Finest hotclongreatlakes
with golf, tennis, boating, bathing and flshlnp
Scnf "or handsnm" n- Ul'mi-aiert booUU
Under entire IVew Slunnitcment.
HOTEL GItRARD,
44th Nt., Near Broadway.
.m:iv YORK.
Absolutely Fire Proof, modern and
laxfirloiin In nil tta iinnolntniriita.
Centrally Located.
Anierlcnn nnd lOnriiiionii iilun.
COOl, ANII COMFOKTAIII.K l. SUMMER
Room nliiKle mill euaulle
J. I. Itiimbleu'n Sana, l'rona.
Alan
AVON INN,
AVo-nY-Tiii:-sr;A. s. j.
Moat select resort on the Kerr Jersey
Cnnat.
AMI SEMK.M .V
as
cMY 210 13 INdtUiM; l9(7l-
C.H.A.O.S.
First and Host Fair of tlie Scnson.
All Attntctloiiw nf Hlnh Order.
Concert Music a Special Funturu.
Fourth of July Patiiotlcully Oh.
served,
Paved Streets for ull Concessions.
Reduced Rates from oil Points.
BOYD'S
Woodward 4 Burgess,
Unnaceri. Ttl, luiv.
S. M. BEAR Presents
FERRIS 8TOCK COMPANY
TONIGHT "T A KKN FROM LIFE."
Commencing Thursday night,
"C AMILL E."
Prlces-lOc, 15c, 20a and Kc
YKBTKRDAY'H CROWDS THR BIOOEflf
YKT THOI'SANOS ATTIINDKD
m THK BL'AI.'TIFI'L m
Krug park
The Coolest Place In Omaha '
Concerts i p. m, hiiJ
fin. rn. by
C'e I e bra t?f Km c e r l
Hand,
Performance Aftorimon
and Kvenlng
MORRIS
Famous nu und Pony
C'lirus,
TIONH. If you can't attend In the aft.
emoon, Jump on a Walnut car and run out
for an. hour In the evening and enjoy the
offerings of the finest report In tho west,
DC Onlj-CAIt FAKB-Oulr Co.
WABASH f,:'
H jtj OKnralli tjjlBK Sj
MM r D.Mrin. lui.r, tii,u.uimkTi ul
WMy
mi
f