4
THE OMAHA DAILY BEE; MQypAY, DECEMBER 2, 1001.
NEWS OF INTEREST FROM IOWA.
COUNCIL
Ml. Mill SIIJ.NTIO.V
Davis sells drucs
Slockert sells carrcts and rues.
Metz bter at Ncumayer's hotel.
Drs. Oren, ofllco 303 flnpp block.
Welshach burners, nlxby Sr. Son.
Elegant X'mas photos nt Schmidt's.
Wollman, scientific optician, 409 Broadway.
Dr. Stephenson, Baldwin block. Elevator.
Jewell roirt. Trlbo of Hon Hnr, will meet
tomorrow rvenlns.
Miss Harnett of Omahn Is guest of Miss
Dor lands on Avenue O
Missouri oak body wood, JS.50 cord. Wm.
Welch, 23 N. Main st. Tel. 128.
Now shipments of elegant picture frame
mouldings at C. 13. Alexander & Co.'s.
Ed Schlrketanr. lias gone to Colorado
Springs to nttend the funeral of David
Ory.
Miss Delia Hamilton of Slonx Kail. S. D..
Is visiting her sister. Mrs. .1. A. Wlntt of
Fourth street.
Itadlant Home stove, guaranteed not to
crack. Sold by Petersen & Schoenlng,
Merrlam block.
Alderman K. ('. Brown went to Des
Jlolnfs Saturday to visit Oovrrnor.elect
A. B. Cummins.
Mrs. Ilnpaljp left vestrrdnj for Kmi Kran
clsro, where she will remain during tho
winter with relatives.
Mrs, Card and daughter, Pauline, of
I.tgun, l i.. are guestrt of Mrs. Mary Mike
sell of l'lrst n venue.
Mrs. K. A. Houghton of Washington, D.
C. Is guest of Dr. V. V. Houghton nnd
family of I'lcrrn street.
The I'nlvi-rslty club will meet Wednesday
afternoon at the homo of Mrs. V. J.
Sehnorr, Seventh avenue.
Parents of babies born last Christmas
? lease give nnmo and address to V, care
len ofllcc, lo Pearl street.
The Ideal club will meet Tuesday after,
noon at the home of the president, Mrs.
Thomas Metcnlf, Bluff street.
Word has been received here of the death
of David Oray nt Pueblo, Mr. Gray was
formerly a resident of this city.
W. S. Milliard and family left yesterday
for Chicago, where Mr. Milliard will at
tend the natlunal live stock exhibit.
Clnude B. Matthai of Burlington
ticket olllce returned y'sterdny from a
visit In Chicago nml Wyoming, Ml.
tu wry .Mowrey, a-ycar-oni uaugnier nt i
Mr. and Mrs W. Mowrey. .lit Thirteenth ,
avenue, died Saturday. Tho funeral will j
be today. ,
nJfhTmSt ar'im'S'sriTot !
. . .. ...
moves In tho city nnd at prices that will
surprise you.
The nnnunl tnx sale of delinquent prop
erty will commence this morning In tho
county treasurer's olllre. Treasurer Amd
will wield thn hammer.
Tho general reception of the Council
Bluffa Woman's club will be Friday after
noon, with tho members of the current
topic department ns hostesses,
Mrs. P. O. Mlkcsell, who haa been seri
ously ill for several months, was In u
rrltlcnl condition Inst night, and It was not
xpocted sho would survlvo until this
inoriuni;.
Tho art denartment of the Council Bluffa
Woman's club will meet tonight In the club-,
looms, wltli Miss Maude Smith ns lender, t
Tho Program will bo devoted to Itcnibrntiilt
von Jtyn and his work.
Tho chnnge In tho assignment of tho
pollen force for December places Olllcers
Plattnrr. Clnar nnd Gallagher on the night
detail and Officers Wilson. Swanson nnd
J I.. Smith on the day bent.
Tho nnnunl meeting of tho stockholders i
o.' the Odd Kellows' Hall association will be
Wednesday evening. Aldermnn Hammer Is 1
president nf the association and Invites
all Odd Follows to be present.
The literature department of the Council
Bluffs Woman's club will meet Thursday
afternoon In the clubrooms, with Mrs. B. S,
Webster as leader. Tho tpiilc to bo consid-
red Is "Ancient Persian ).fterature."
The next meeting of the household eco
nomic dopaitment nf the Council Bluffs
Womnn's club will bo December 12, with
Mrs. George H. Richmond as leader. These
subjects will be on the program: "Chemis
try of Cleaning" nnd "History of Bacteria."
A woven wire cot was stolen late Satur
day night from In front of Durfee's furnl
turo store on Broadway. A short time
afterward It waa sold nt n second-hand
goods store on Lower 'Main .ttreet, hut the
pollen have been unahle to secure any clew
to tho thief.
Tho Atlas club will meet Thursday after
noon at tho home of Mrs. J. M. Barstow,
South Sixth street. This will be tho pro
gram: "Current Events, " Miss Beebe:
"Southern Scenery," Mrs. Jacob Sims; "Art
Institute of Chicago," Mrs: Clifford;
"Hubcns," Mrs. John Sylvester.
John I.lndsey nnd Dan O'Connell will
have a hearing In police court this morning
on tho charge of disturbing the peace. They
v.ero arrested lato Saturday night for
threntenlng a bartender In a Main street
saloon when he refused to servo them with
tiro drinks,
Tho Oakland Avenun Beading club will
meet Friday afternoon at the home of Mrs.
C. M. Hurl. This program will be given:
"Francis I." Mrs. Arthur: "Queen Mary of
Anjou," Mrs. Blanchard; "The Dramn. '
Mrs. Sweet; "A Pilgrimage to l.ourdes,"
Mrs. Towslee.
The meeting of the official hoard of the
Council Bluffs Woman's club will be Friday
afternoon at 2 at the homo of Mrs. J. II.
Cleaver. First nvenue. Among Important
matters to come up for consideration is
that of tho lecture course, to bo given by
I ho club this winter.
Mrs. F. It. Klst, '.'OlD Avenue C, has com
plained to tho police that while In a mil
llnory tttoro on Broadway Saturday rvrn
lng she placed her pocketbook. containing
$), on tho counter while mnklng n pur
chaso and that when sho turned round to
get it It hnd disappeared,
Tho Athenian club will meet Frldav after
neon at tho homo of Mrs. F A. Sackett.
This will bo tho program: "Louis XII,
Francis 1 nnd Henry II." Mrs. William Hlg-
fison; "RennlHsanco Under Francis and
Jenry." Mrs. L. Bunting; "Literature,
inncnla Babelols," general discussion,
Tho New Century club will meet Wednes
day nfternoon with Mrs. H. W. Creel. S20
Avenuo It. This will ho the program: "The
Growth of England." Mrs. Balrd. lender:
"Tho Rellglo.iH Reformers of England,"
Mrs. McCune; "The Magna Chartn," Mrs.
Morgan; "Itevlcw of Reviews," Mra. Wyntt,
Tho entertainment given at tho Dohany
theater tomorrow night, entitled "Merry
Milk Maids and Jolly Farmers." under tho
nuiplcea of V. 8. Grant compnny. uniform
lank, Knights of Pythias, promises to be a
very Interesting affair. The make-up of
the cast Is composed of local talent, some
of whom nro very clever on the stage, and
as a wholo those who go will certainly
enjoy tho event to the fullest extent.
Oravcl roofing. A. II. Read. 6(1 Broadway.
Davis sells paint.
llrnl CxtiHe Transfer.
These transfers were filed Saturday In
the abstract, title nnd loan office of J. W.
Squire, 101 Pearl street:
P. E. Johannseu et nl, referee", lo
CIhiiw Rathjons, part nwU IW 15-;-3S.
and lots I nnd 2 of official plat
of nH ntt I6.j;..js, ref. d $ n
F. C. and l 11. Longer and wives to
Hnrr.V E. McMlllcn. nU wi; mid
lid. swU 2;i-T4-4l. w. d
5,7ti
Surah J. Woods to Joceph K. Woods.
lots 3 nnd I. block 21. town nf
Avoca. w. d
Peter Sindstrom to William Driver,
s'i nwi I'ti-TT-U. w. d
J. G. Hardsley to II. 8. U'alkliiR. lot
,t; block 2, Judson'a 1st add to Neola
w. a
1.SM
Total five transfers
..$12.S00
N. Y. Plumbing Co,,
Davlb sells glass,
telephone 2Z0.
LEWIS CUTLER
Funeral Dlrootor
Itiucceuor to W. c, iCitt pi
SB P12AIU. yntUICT. 'I-nuao ?,
FARM LOANS 5oH?
Negotiated In Eastern NnbraJic
and Iowa. Jme N. Cady, It,
121 Main St, Council Bluff.
Iown Steam Dye Works
Mi BROADWAY, COI XCII, HI.UFFS.
Maka yom old clothes look llko new,
CLEANING, DYEING nnd IlEPAIRINO.
Phono A621.
BLUFFS.
TWO ELKS UN SORROW ROLL
Many Attend th Lsdgt Berrien in Heior
f the Dud,
MEMEORY OF S. MASS AND J, M. FENLON
Victor Hrniler nnd Hnimet Thilej- De
ll or tin- ,ridrrM nnd n llntihlc
Clntirlet Menders I itiltnltlr
Music.
Members of Council Bluffs lodge of Elks
gathered Sunday afternoon In the large hall
In their handsomo clubhouse to pay that
trlbuto to the memory of their departed
brethren which the order In common paid
throughout the country.
This Impressive service, known as a lodge
sorrow, was open to the public nnd many re
sponded to the Invitation to be present.
The handsome lodgo room, with Its many
electric lights and the members of the lodge
Rested In rows around the hall, while the
center was occupied by the vislto.-s, pre
sented an Impressive appearance. At each
of the officer's stations was a magnificent
bouquet of roses. Tho two addresses were
delivered by Victor E. Bender ami Emmet
Tlnley and tho music was by a double quar
tet consisting of Mrs, I. M. Treynor, Mrs.
Robert Mullls. Mrs.. K. M. I.oomls, Miss
Kannlo Davenport and Messrs. Treynor.
Ulgrton, Altchlson nnd Lewis, with Mrs, Ida
Wles Seybcrt as accompanist. Rev. C. W.
Calfee, pastor of the Broadway Methodist
church, by Invitation acted as chaplain In
the nbsence of Rev. Oeorge Edward Walk,
rector of St. Paul's Episcopal church, who
had gone to Sioux City to deliver an address
at the memorial services of the Elks there,
Thn tnrvtr.n u-n. tdn flr,t . .
....,.. ., ,.c ma. I WU (. III IMJIIU'V
,.iH h ,h rv.1,,,,.11 rn... .m. .
MM hv lno Council Bluffs lodge. Although
organized two years ago with the largest
charter membership In tho history of the
i$?tTn rrr no ,,r,at.,,,H ',,s mr:
ship the first year and the lodgo partlcl
pated with the Omaha lodge In its memorial I
services across tho river. This year, how I
ever, tho lodge had two members to mourn. 1
Samuol Hans, whose death occurred Decem
ber G, lfiOO. and James M, Kenlon, whose
death occurred September 23, 1901, Both
were charter members nnd had always taken
an actlvo part in the work of tho lodge.
Prior to tho services thn members of the
lodgo gathered In the large reception room
on the llrst floor and from there marched
to thn lodgo room In double flic ih nf.
fleers followlnc. After n.n n..,.nin ,...-
monlos nccordlng to the rltunl, tho double
quartet sang the anthem. "Heaven Is My
Homo," the solo part being sung by I. M.
Treynor. Then the members of tho lodge
sang the opening ode. which was followed
I by prayer by the acting chaplain. Rev. C.
w. Culfee. Mrs, V. M. Loomls untie n
i . n. uiomia sang a
Addrrws liy v. k. Ilcixlrr.
solo.
Victor E, Bender, esteemed lecturing
knight, delivered an eloquent address. He
said:
To me theiu Is nothing more touching nnd
impressive in the outward demonstrations
of tho order of Elks than the simple and
expressive symbolism of the outstretched
"Jl'1;,'.'! '.,r gft5'er moments It Is thn signal
of felicitation nnd goodwill, nnd In the hour
of sorrow Indicative of the loyalty of tho
brotherhood, suggestive of n mother's love
and tsndcrness, nnd an earnest of a safe
haven provided by the Father of us nll-the
","v."!"."'" iianu.- innumernDiy multiplied
until It becomes a circle of protection, a
wall of strength. In which the faltering soul
Is eiicourngert to now endeavor.
The Benevolent nnd Protective. Order of
Elks has no paten) on the name of brother
hood, While wo ure brothers In the same
order, the order Itself is a blood relation to
all the organizations of earth that have for
their object and purpose the weal, of man
kind. Pnrtnklng of the best qualities of all
It Interferes with the work of none.
Particularly on such u sad and solemn
occasion as thl Is tho beauty and strength
of the brotherhood emphasized, Through
the associations made possible by this order
our departed brothers were known to each
and all of us. With us they sat In the ses
sions of the lodge, sharing with u our
d.itle nnd responsibilities, participating In
our plensures and doing their Individual
part In promoting the spirit of friendliness
and fellowship. They were arcs In this
circle, ami without them Hh rounded exist
once can never more obtain. With the. pass.
Ing years one by one of this membership
will Join the Innumerable caravan of the
dead, only to be succeeded by others, who
in their turn will follow them.
The ritual of this order sets apart an In
terval of tlmo In each passing day which,
whenever two or three Elks are gathered
together. Is to be employed In giving loving
remembrance to our absent brothers, in
the observance- of that sentiment, and In
consonance with thnt spirit. In bohalf of
those who are left to mourn their loss, I
hereby pledge our loving remembranco to
our departed brothers.
Speooli by F. in mot Tlnlry.
At the closo of Mr. Bender's nddress I. M.
Treynor sang "Lend. Kindly Light." and
then followed an address by Emmet Tlnley.
esteemed leading knight, .who said:
Since the occasion nf a year ago two
voices have been hushed and no response is
n nde to the culling nf their nnmcs. we
Isten In vain, but to the rail for 8nmticl
Haas mid James M. Fenlon thcrn comes no
reply, rhoy are dend. Though their voices
bo stilled and fall to greet us yet In sor
iow the memory recalls them this hour
ftom that other world.
..AVh?.t en.u J "y 111 '"'ogy of them or
their lives? Could 1 but lay before you that
lovo nnd esteem In which each was held bv
tho entire community It would bo a tale of
high personal regnrd and praise of un
ostentatious yet usoful lives. If I was asked
what fnremont muhIIiv in iim ,.r. ,-,,,,,1
character of Brother Haas entitled him to
the high regard of his follow men I would
say It wa his almost Inordinate lovo of
heme nnd family. What more beautiful
characteristic can a man possess? Thore Is
something about a perfect home that makes
It easy for one to be good. Impossible to be
very bad. Ho was n gonial, pleasant com
rade, alike for the youth and tho elder.
Though hl gray hairs, those veritable,
horologues of years expendud, Indicated the
approaching dusk of hi life, yet tho night
found us unready to part with the day. WV
commend for consolation, reflection upon
hl well htient life.
I knew Brother f-Vnlnn npnrlf nil Mm iir-
Wo w;ero friends from smnll boyhood, close
iiKnifni.i uiiniiR iwer years, neiwreii us
the moxi Intimate friendship existed. I
would bo recreant to my conscience If 1
h lowed this opportunity to pahs without
planting one little flower In his memory.
In my ears would ring tils voice, with the
haunting awe of a breath from the tomb,
Lmmet. I never forciit vnn Hnrlnir llf..
now that I am dead why 'do you abandon
nr. .iiiut' onion wns h sincere, loyal
friend. With him there wns no linlf.henrti.rl
compromise. It was absolute, uncondi
tional, entire I Hh conception of frnternal
obligation wns constant, high-minded nnd
pure. In the assay of his character there
wnn iimini no ii iiny. Ills fondness for chil
dren and their love for him almost renuhed
the Hiiblluie,
Our dead wo mourn and their memnrv
wo cherish most sacredly. With reverane'e
we dwell In our thoughts upon their lives
nun in sorrow rouiempiaic tnelr deaths,
ci mourning has no pHrn in tin pacentrv
and dlsnlav of nieninrliil nccAvlmiH Vnlmr..
foi the dead and rnmfnrt fnr iIia llvinc -r-
lls more fit pjrposeJ. Vo will not further
Invade the sacred portals reserved for veiled
grief. The heart's trjest tear shrinks from
pultun gaze and plums the boldness of ln-
11 union nun ni"iiia.v, vt iiuoui learning some
lesson from this occasion we have not onlv
idled away some precious moments, but
have desecrated a sacred and solemn office,
Following the address by Emmet Tlnley
ine cnoir sang tho anthem, "Abide With
Me."vth Mrs. Robert Mullls ns soloist. Tlwu
eamo the closing excrcUcs arcordlng to the
ritual of the order, and the doxology was
6ung and the benediction pronounced by thn
chaplain.
'll Council and Henlth llnnrtl.
The. monthly session of th city coun
til will be tonight. The special policemen
who served on election day nro clamoring
for their pay and Mayor Jennings, It Is
said, will recommend tlmt the city ns
sttme the responsibility nnd pay them, as
the county board has refused to do so,
A meeting of the Board of Health will
be called before the city council session
to discuss the best methods of preventing
tho spread of snrillpox nnd of enforcing
quarantine regulations.
Ho? Ir-ltnrn L'nwr to. Hrsnuir,
The Doyle and Burns forces began to
gather In the city yesterday to renew the
big mining stilt trial this morning. Judge
Orcen l expected here In time to convene
court at 10 o'rlock. nt which hour the Jury
was notllled to be present.
The rulings of Judge Orcen on the two
motions by tho defense to strike out certain
parts of Doyle's testimony nnd to take
the rase from the Jury nnd direct n verdict
for Burns nro looked forward to with
great expectations by both sides.
EX-CHIEF OF POLICE SHOT
.Imiirs T. .Hhnnlr) nf Sloin City lo
ll in of Cnri'lran llnudlrr
of Hide.
SIOUX CITY. Dec. 1. (Special Tele
gram.) James K. Shanley, four years chief
of police of Sioux City and who Is woll
known to western police officials, was shot
this afternoon while standing at a vilndow
In his home, The shooting was accidental,
a twenty-two'callber rllln In the handa of
Joe Malloy. a dellveryman, being discharged
as he was loading It. The ball crashed
through a window In the Shanley house.
The doctors who operated on Shanley found
ten hole In his Intestines nnd say hla con
dition Is critical.
Minn Porter lljliic nf Wound
SIOUX CITY. la.. Dec. 1. Miss Porter,
who was shot at Cherokee, la., by her
sweetheart, Harry Hortman. Saturday
night. Is dying. Hortman, It Is nllcgcd,
said he meant to kill her.
NOTES OF PLAYS AND PLAYERS
Idle Topic CnncrrtilnK Munp nf tin
Tbenlrlcnl Star nnd
Tli ell- Orlill.
Blanche Bates nnd Frank Worthing maf
go to tho altar together.
Lily Umgtry has rejected Cecil Ral
eigh's "A Queen of Society."
Henry Clay Barnabce celebrated his nsth
birthday In Philadelphia, November II
Duse, It Is reported, may play In an Itnl
lau version of Plnero's latest creation.
"Iris."
In "A Woman of No Importance" Rose
Coghlan may once more come to the front
ns n star.
George Orossmlth, the English comedian,
will pay this country a professional visit
early next year.
Charles Wyndham ha decided upon n
revlvnl of Henry Arthur Jones' comedy,
"The Crusaders."
The city of Cleveland Is to try a theater
that will appeal exclusively to t lie pkuMirc
nnd patronage of children.
William II. West Is recovering. In Sin
Francisco, from tho effecta of the opera
tion he underwent recently for cancer of
the throat,
Alice Nielsen has returned to London
and Is singing at private entertainments,
She will make her debut In grand opera at
Covcnt Garden In April.
Mr. nnd Mrs. N. C. Goodwin (Maxluc
Elliott) will close their Loudon theater
next week nnd return to this country, opsn
Ing n tour here about January 1,
Henry Guy Carleton Is t work upon a
new drama of American life. The scene
Is laid In the south, although most of the
characters are of northern nativity.
It will nrobahlv take Mr. Crane three or
four years to exhaust the popularity of
"David Harum," and ho Is one of the few
adorn who nro not troubling themselves
about a new play,
Frnnlt Plvlnv tho ulilhnr nf "Ivlnr- nnrln "
who has lately been restlcHtlng with Mrs,
rixiey in Switzerland, senos word mat ne
expects to he home In December. Ills new
opern is prnciicauy completed.
Sir ITnnpv Trvlnir anil ir!li.n Trtfrv'. nn(.(l.n.
ment In New York, wna the most successful
tills talented pair lias nlaved In the his
metropolis. Almost $10,000 a week was
taken In In excess of their last engagement.
Isabel Irvine has taken Joes e Bute-
man's nlAce as Charles Hawtrev's leadlnir
actress In "A Message from Mars." Miss
tlatemau Having leturned to rcuglnud on
account of tho serious tllutss of her
mother.
ItftV I""rfMTmli Will ci hrnthr nl' hr
late W. H. Wills, und author of "The Onlv '
Way," lias collaborated with Rev. Fred
erick Umcrldgc In n dramatic version f
Ktanioy wcyman s latest novel, "i ount
Hannibal."
At tin? close of the mesent season, when
her contract with H. H. Sothern oxnlres.
Cecilia Ioftus will become a member of
sir Henry Irving 8 company. Hbo will play
the younger leading woman's roles, her llrst
part being Marguerite In Faun.
The sforv that Mav Irwin would retire
from the stase after this season prova
to be true nnd not n press yarn. Henry B.
8lre, Miss Irwin's manager, now vouches
for the correctnets of the story nnd says
he has no bookings ahead or his stnr.
John Dunsmure, the basso and loading
man in Mnrguerlle Bylvit s "Princess Ch c
rompany, haa resigned. He says: "My part
in mo piece was not congenial nnd t lie
management failed to feature me in the
advance notices as had been agreed upon."
Clara Morris made her debut as a lec
turer at Indianapolis, Ind,, on November
j. tier nuiiress upon llie stage and lis
People wns thoroughly enjoyed bv a Inrcu
audience. Her tour will continue through
the season under the direction of Thonns
Urondhurst.
Mansfield In "Benucalre." Henrietta t'ros.
man In "Joan o' the Shoals" and "As You
Llko It." Annie Russell In Clyde Fitch's
"Tho Girl and the Judun." Chnrlen Dullon
In "tho Helmet of Navarro." and Virginia
Harned In "Alice of Old Vlncenne," nro
to bo tho Gotham no cities of tho near
future.
Mrs, Icslln Carter, with her large com
pany nnd production, will leave New York
by a special train of seven cars on Satur
day. December 7. On Tuesday. December
0. David Bolasco will nresent this eminent
actress foi the llrst tlmo In hli new play.
un iinrry. i no premier win ibko place
nt the New National thenter, Washington.
Copies of "When Knighthood Was In
Flower." photographs anil cards nro sent
In great number.-i to Julia Marlowe for her
autograph. She gives It In nil ruses where
a fee of W) cents is sent, nnd this money Is
iiirnrii over 10 ine .vciors lunu. uno col
lector sent in with his request for an nu
togranh $5. Miss Marlowe has lust sent a
check to thn fund of nearly $70 from this
scourer.
Adelaide Bistort has celebrated her fOth
birthday. It Is within n year of ns long
a time since fho made her llrst appear
anco on the Italian stage. When an In fn nt
who was used In the place of a dtimmv
baby. Her parents, like those of Eleonnr.i
Duse, were strolling Italian mummers, ami
she won her way to eminence slowly. She
has lived during tho past funrter of a
century In titled affluence.
The Augusttn Daly Musical Comedv com
pany In "San Toy" has quite raptured Chi
cago. the crltlca giving this attraction the
credit of being one nt tho most enjoyable
and tuneful comic operas seen In that cltv
In several seasons. Samuel Collins as
"LI" has scored an especially noteworthy
hit, both with tho public and the critics.
Ills grotesque methods, rollicking humor
nnd Impromptu Jokes have been hlghlv
commended, Ilo is spoken of as n come
dian with very flattering future prospects.
Mr Collins Is a graduate from the "con
tinuous" and lb a cousin of Samuel (lum
pers, president of the Federation of Labor
The RostonlaiiH havu scored h big hit In
Do Koyen nnd Smith's "Maid Marian."
which Is pronounced the legltlmntn sue
resHor to "Robin Hood," Mr. George Bog
era, the erltlo of mudr for the I'lilltiilel
phla Inquirer, n writer of twenty-live vears'
experience, has written Reginald do Koven
a letter In reference to "Maid Marian." In
which he says: "In my lodgment it Is
easily the best thing you have done, mid
tho best thing any American composer has
done In this class of composition. It Is
fresh, bright, spontaneous and .vllnl; full
of melodic Invention nnd harmonic skill,
thoroughly artistic nnd muskianlv The
song for Rnrnabee with rhnrus In the first
act, tho snake-charmer's song, the lovo duo
and the concerted music In the last art nre
worthy of Sullivan at hit best, nnd the
wholo thing, musically, Is most Interesting
and admirable. Pray accept my congratu
lations. They are alike dtltntcreated and
sincere."
WORK FOR IOWA TEACHERS
Long Program Prspirji for tht Annual
Keating f Tbiir An"o'ation.
MANY PAPERS AND D.SCUSSI0NS
Prominent i:iiicntnrs Who Will TnWe
Pnrf Trotililo In Xtnro for I'nsf
unstor nt Do Mnlnos nnll
rnntU nnd llnnUruptcj
(From a Staff Correspondent.)
DES MOINES, Dec. 1. (Special. )-The.
Iowa State Teachers' association, which
mets In Des Molncs December 27-30, will
have by fnr the most elaborate program
that has ever been given by any rducallou
association In thn middle west. The four
days of tho association mcntlngs will be.
filled to overflowing with good things. In
fact, there Is n growing feeling among edu
cators thRl the programs have been made
too elaborate and complicated ami that It
Is Impossible for anyono to cover nny con
siderable part of the program or get as
much good out of It as If tho programs
w'ore shorter. In tho program ns prepared
for this year's meeting there will bo over
100 papers presented, about sixty assign
ments for discussion of papers, thirty ad
dresses, twenty or moro separate reports,
two full lectures, besides music, demon
strations, invocations and Informal discus
slons. The program Is so divided that a
large part of It comes In the sectional meet
ings. The lectures of the meeting will bo by
Max O'llell of Paris and J. L. Hughes of
Toronto. Olhers from a distance who aro
down for addresses are; V. L. Toinllns,
Gabriel Rambergor and J. P. I) John. Stato
Superintendent Barrett, delivers his nnnual
address. Among the scores of Cdurators of
tho stnto who are on tho program In some
form are: W. N. Clifford. Council Bluffs;
C. II. Jump. Sac City; F. E. Lark. Oiinwn;
A. B. Warner. Missouri Vnllry; O. W. flrynn,
Red Oak; Mary Stlmson. Shenandoah; Lulu
Lester, Creston; C. S, Hammock, Sioux
City; A. II. Blgelow, Lemars: Helen Stone,
Red Oak; Lulu Hardman, Council Bluffs;
A. E. Parsons. Creston, M. M, Pile, Coun
cil Bluffs; George E. Marshall. Sioux
City; Bella Aldereon. Creston: Pna Con
ner, Sac City; O, H. Marsh. Glenwood; C.
It. Hosklnsnn. Corning; E. N. Coleman,
Fort Dodge, and J. A. Mcintosh. Mount Ayr.
Governor Shaw has a place on the program,
nlso the leading men In the college and
Normal school faculties, nnd many of tho
county superintendents. A feature of tho
program Is a Sunday program. Including a
Rermon by Bishop Spnuldlng of Pcorln.
Tho educational council, which meets this
day preceding the meeting of the associa
tion, will consider once more the topic of
"The Sequence of Studies" and gtvo final
consideration to tho subject of examina
tions. Prof, A, W. -Stuart of Ottumwn Is now
president of the association, and It Is
deemed probable that President Shelton of
Simpson college will be the next president.
Mnklnu Fl nil I mi Post innstcr.
A serious offori Is to he made here to
oust from office the' postmaster of Des
Moines befojr ills term of office expires.
Tho postmsMerMs Dr. Schooler, a prac
ticing pbyieUn. who was a particular
friend of Congressman Hull nnd secured
the appointment through Hull. His ap
pointment was fiercely, contested and those
who were opposed to htm are now laying
plans to make troublo for him, and It they
cannot s"curo his removal will at least
make it Imposslbln for him to secure re
appointment. They will lay before Presi
dent Roosevelt evidence of several serious
violations of the civil service law. The
fact that President Roosevelt has made
several removals for similar cause has
given Schooler's opponents hope of suc
cess. One of the specific charges against
Schooler will be that he promotod his son
to ono of the best positions In the post
office without cither merit or precedent
to guide him. The boy was n clerk at a
soda fountain when appointed to a place
In the postnfflce after civil service ex
amination nnd In u remarkably short time
he wa6 given one of the best clerkships.
A little later he supplanted n man as super
intendent of carriers who had held tho
position many .cais. Ho was promoted
over the heads of many others, who, under
tho civil service law. are entitled to pro
motion, In nnothcr case a clerk to the
postmaster was appointed over the heads
of innny In line for promotion. Postmaster
Schooler 'affects Indifference, to the nttacka
upon him nnd defies his enemies, Tho
prospect of a pretty fight ahead Is good.
Dntlltcr Will liioni-inrne,
Tho town of Dolllver Is to be Incorporated.
The town Is now about three years old and
upon petition of freeholders the district
court has set December 17 as a day for
voting on the question of Incorporation.
The town of Buller Center, In Butler county,
has Just gono out of . existence and tho
poBtmnster has been dropped. It wns at
one tlmo a flourishing little city and was
platted to become a county seat.
Pn trill roll .Militant .Hooting:.
Arrangements aro being perfected for the
nnnunl meeting of the Patriarchs Militant
of lown. M. A. Raney of Marengo, who Is
department commander of tho order, esti
mates thnt between 600 and 600 of the
Patrlirchs will attend thn nnnual conven
tion In February, Asldo from the promi
nent Iowa Odd Fellows there will bo pres
ent General Scckner of Illinois, General
Grundon of Missouri, Colonel Nichols of
Nebraska and Colonel Street of Minnesota.
The first meeting will ho the evening of
February 20 and tho decoration of chivalry
will be the next day. The meeting will be
held this year In Marshnlltown, The pro
gram of competitive drills has not yet been
coirletcd.
Chock' Put un llnnUriiptr j .
The officials of the Chicago, Milwaukee
&. St. Paul railroad have Issued an order
to employes notlfyng them that where em
ployes resort to the courts In bankruptcy
proceedings to escape ordinary debts they
will bo discharged from the service nf the
compnny. Complnint has been made by
merchants nnd others at division polnW
that lallroad employes, many of them
earning largo wages, hnvn gone Into bank
ruptcy to escape payment of store bills,
In scumi cases amounting to hut a few dol
lars, and this whllo It was plain that the
employes might pay out after awhile by the
exerclso of ordinary prudence nnd oronomy.
Tho movement of the Milwaukee compnny
to put a slop to this practice Is bellevrd
to foreshadow a similar movement fpr all
tho lines. An effort Is to bo mado to re
sist In court some of these bankruptcy ap
plications which have come Into federal
court from railroad centers In Iown.
Wiiinon (Ipimscd In YntliiB,,
During the coming week a meeting will
he hold hero under the dlrertlon of Mrs,
Clara II, Brown, who has been sent Into
Iowa to oppose granting suffrnge to women,
at which meeting n slntoment will be
prepared for the public In regard to the
raons why a large number of women op
pose giving to women the right to vote,
Several loml organization have been
formed among the women to fight the suf
frage movement. The women who are ad
vocating a change In tho Iowa law arn
quite active and expect to Induce the left -Islnttirc
this winter to endorse the Idea
oi tiitowlng opm the door of .uttmgc to
women.
SUPREME COURT SYLLABI.
No, 10.1S2. Kountzo against Omaha. Ap
peal from Douglas, Affirmed. Ames, C.
Division No. 3. Reported.
1. A special statute relating to a partic
ular subject will not ordinarily be hold In
consistent with n general ctinotment of
such n. nature that but for the special
li.atuto It would have. Included the subject
tifattrr of tho lattrr. In such case the gen
eral net operates nccordlng to Its terms on
nil the sublects embraced therein, except
tho particular one which Is tho subject of
the special nxt, and this Is so whether the
general and special provisions aro contained
in thn snme stntute or In Independent nets
adopted at the same or different times.
2. Section 110 of the Omaha city charter
act held not to bo violative of any consti
tutional guaranty and to be valid.
No. 103'vS. Farmers' Bank of Nebraska.
Cltv against Gnrrnw. Error from Otoe,
Affirmed, Albert, C, Division No, 3. Re
ported. 1. Where n question Is submitted to the
Jurv bv the court, after the request of a
par'tv for Its submission, such party will
pot he heard to say that n finding thereon
ndversr to him Is not sustained by suffi
cient evidence.
2. The nsslgnment In a petition In error
thnt ii verdict is contrnrv to law Is not
sufficlentlv specific to entitle It to consid
eration In this court. ...
X A pnrty will not be heard to roniplilu
of nn Instruction, when the matter ob
jected to In such Instruction Is In sub
stance embodied In one tendered by him-n-ir.
4. It Is not error to refuse to give nu In
struction tendered when the same ground
Is covered by Instructions given by the
court on Its own motion.
No, 10.W. Peters ngalust Ktlltan. Error
from Cass. Affirmed, Ames, C. Division
S'o, 3. Reported.
1. Proceedings In bastardy are purely
statutory and the courts can try such Is
sues olid make such orders In them ns the
statute contemplates and none other A
settlement between the parents ofli II
legitimate child, In order to be operative ns
a stay or termination oT such proceedings,
must be of such nature nnd made and at
tested In such mannrr ns the act prescribes
and the district court can take Judicial
cognlamicr of none other. In that proceed.
Ing the court cannot try tho Issue whether
the father or the mother of the child Is the
more sultnble person to be entrusted with
Its custody.
No. 103S7. School District No, 30, Hall
County, against School District, Grand
Island, Neb. Error from Hall. Judgment.
Duffle, C. Division No. 3. Reported.
1. A school district Is not entitled to nny
of tho proceeds of the lines and license,
money collected under the ordinances of a
city unless some part of Its territory Is In
cluded within the territorial limits of such
city.
2, An ordinance defining the boundaries
of n city cannot bo accepted as evidence of
the annexation of contiguous territory not
Included In the corporate limits prior to tho
nnKKfieo of such ordinance.
No. 10401. Johnson against Phelps County
Mutual Insurance Compnny. Error from
Phelps. Reversed. Pound, c. Division No.
2. Reported.
1. A provision In the policy of a mutual
tiro Insurance company thnt If the member
holding the policy "falls to pay nny assess
incnt at the time specified In the
notice sent him by tho secretary" It shill
become void, Is within tho purview of the
rules ns to waiver of forfeitures and will
be waived by acts of the company Incon
sistent with an Intention to rely thereon.
2. A further provision that It tho policy
holder afterward pay the amount due fiom
him the policy "shall be holding from the
dato of the receipt of said nmount" will
prevent receipt ot tho amount of a delin
quent assessment from operating as a
waiver of forfeiture under the prior pro
vision. If nt the time of the receipt of such
assessment nny of the insured property re
mains In existence to which the revived In
surance may attach,
3. Whether, If the delinquent assessment
was levied prior to loss and to meet losses
accruing prior thereto, receipt of the
nmount thereof subsequently with knowl
edge of the loss will constitute a waiver of
the forfeiture, quaere.
4. But where all the property covered by
the policy Is destroyed by tiro while the
policyholder Is delinquent, so that nothing
remains to which renewal of the Insur
ance might attach, receipt of tho amount
of subsequent asscssmcnta levied nfter the
loss, In addition to the assessment levied
prior to and delinquent nt the time of tho
loss, with knowledge of the facts. Is In
consistent with reliance upon the forfeiture
and is a waiver thereof. Nat. tasouic Arc. i
Assn. v. Burr. 44 Neb.. 210. distinguished,
No. 10123. McCormlck Harvester Maim-
maturing Company against Reynolds. Error
trom Wnyne. Reversed. Ktrkpatrlck, C
"Division No. 1. Reported.
1. A chattel mortgage duly filed for rec
ord, which described tho property con
voyed nu "500 bushels yellow corn now In
pile on ground on the Oilman farm, eight
miles south nnd two miles west nf Wayne,
Neb,," although a grenter quantity nf corn
Is In the pile, the corn being ot uniform
value and quantity, held not void for In
sufficient description,
No, 10431. Beall against McMenemy. Ap
peal from Washington. Affirmed. Albert,
C. Division No. 3. Reported.
1, An action for dower In the district
court Is within the stntute of limitations
nnd must bo brought within ten years from
the time It accrued.
2. The rule that an entry hy one tenant
In common Is the entry of all the co
tenants has no application where there Is
an actual ouster of the other co-tenants
or some act deemed by law equivalent
thereto
3. Ouster Is a question of fact to be de
termined from the evldonce.
4, Evidence examined nnd held sufficient
to warrant a finding of ouster.
10430. Carpenter Puper company against
News Publishing company. Appeal from
Iincaster. Reversed and dismissed. Ames,
C. division No, 3. Reported.
1. On an appeal to this court In an equit
able action the Judgment will be reverfed
If essential findings of fact aro wholly un
supported by the evidence, It will also be
revarsed If essentlnl special findings ure In
conflict with a general finding and the
former nre sufficiently supported by the
evidence.
2. Delay In making a chattel mortgage of
record does not render the Instrument void
hs against creditors who fall In ohtnlulng
n Hen upon tho property until after the
mortgage has been filed for record nnd
possession has been taken tinder it,
3. In the view of the Inw, a wrong with
out resulting damages Is not a tort or
legally actionable.
4. A man can not be punished for agree
ing to do or for doing pursuant to an agree
ment an act which. In the absence of tho
agreement, ho might have lawfully done.
R. A creditor ran not complain of the
withholding of a chnttel mortgage from
record persuant to an agreement between
tho partle,s thereto, unless ho make It appear
Dr. Lyon s
PERFECT
Tooth Powder
AN ELEGANT TOILET LUXURY.
Used hy people of refinement
for over a quarter of n. oentury
DOHANY THEATRE
GEO. STEVENSON, ManaRor
Tuesday Eve December 3
Merry Milk Maids
A NO
Jolly Farmers
A Comic Operetta
for the bjnellt of
U. S. GRANT CO. NO. 1 1
UNIFORM RANK
Knights of Pythias
Trices 10, 2.S, n. nnd SO cantc. Re.
served seat on sale nt L. C. Jirncket'a
bookfttorn
that an Injury has resulted ftom the omi.
slon to file the Instrument for record
10150. Popplcton against Moores Appml
from Pottgla. Affirmed. Hastings, i . di
vision No. 1. Benorted
I An ordinance extending fr-mi June II.
l:. to Seiitembtr 1. the right nf the
Omaha Water companv to exercise .is
franchise free from the cltv's option to
purchnse without compensation to the . lu
and without submission of the question "f
such rxtciif Inn to n popular vote, Is for
bidden by section 10, Compiled Statutes.
1WT, chapter Kn.
2. An extension of u frmulilse, though
made In the form of an ordinance. Is not
such nn net of legislative power as tu be
free from interposition of the lonrts by
Injunction, wheir such extension Is ilearlv
contrary to the city's stntiitor.v charter
and Is liable to operate to tho prejudice of ,
the taxpayers nnd water users.
UHfit. Flali iikMlnst Alnsworth. Error
from Flllmoro Reversed. Oldham. C ill-
Vision No 2. Reported.
1. A condition In the bond nf an nsit ml
cashier of a bnnk that he will ' IioikMIv
faithfully nnd efficiently discharge the
duties of such position" Is n guarantee not
only of the personal honesty of such officer
but nlso a guarantee of Ills competency
skill nnd dllllgence In the discharge of Ills
duties. ...
2 Within tho scope of the cashier s au
thority and so long ns ho Is apparently
acting on behalf of the mrporatlon the
cashier's direction, may control the assist
ant cashier and the teller, and tho latter
mav not be required to look benenth the
surface of his superiors' nets. But when
ho Is led to believe that the cashier Is
violating his own duty to the bnnk and Is
taking the bank's funds for Ills own ends
Irregularly and without authority from the
dlrertors, the assistant cashier lias no more
right to aid In or contrive at such mis
appropriation than If It were being pcrpe.
trated by a stranger.
3. The fact that the bond of an assistant
cnshlcr of n bnnk was delivered to the
cashier of such bank, who was one of the
directors, nrd that the assistant cash er
entered upon the duties of Ills office under
such bond, and that such bond was le
tallied bv the cashier of tho bank. Is suffi
cient to establish the acceptance of the
bond, though no acceptance or approval of
such bond Is shown by tho minutes of tho
board of director . ,.
I To nuthorl7.o a recovery fnr negligence
the damage complained of must be the
natural and proximate result of tho negll
genco und not it remote nnd conlccturai
("iotS4, Bontwick against Keller. Appeal
from Buffalo. Affirmed. Norval. C J.
1 A copy of an appraisement of lands
made for th purpose of Judicial sale must
be forthwith filed with tho clerk of tho
district court of the pioper county.
2. When tho record Is silent ns to tiling
of a copy of the nppralsonient It will bo
presumed that It was duly and rtulurl
"xA sale Is not Invalidated because the
npprnlsenient wns not made upon nctilnl
view of the premises, when tho appraisers
arc fnmlllar with the properly.
lolSfi. Graltmer Bros, against l lrst Na
tional bank. Sutton. .Error from r lay
Beversed. Duffle. C. division No. 3. Re
ported. . , ,
1. On the trial of n ran- appealed from
Justice court the plalntlfT cninmt complain
of the netlon of the court In ndmlttlug
competent evidence offered by the defend
ant In support of ii malorlal allegation or
the nnswer on tho ground tli.lt such al
legation presents u new Issue not Inter
posed In tho Justice court where no obec
tlou was made to tho answers by motion or
otherwise, but plaintiff Joined Issues there
on bv filing 'i icply. Plaintiff rhould have
moved to strike from tho iinswo" any now
Issues made In the district court which
were not properly pleaded nnd which ho
did not wish to try. .... . ,
No, 10491. Toy against Mollugh. Appeal
from Holt. Judgment. Sullivan. .1.
I. A land tax creates no personal liability
against the owner of tho land. Such tnx
must be collected. If at nil. by n sale of
a partlctllai trnct against w!.eh It Is
charged and upon which Iris by. the statute
made a specific Hon.
2 A plalntlfT Is entitled to icllef to the
extent that the nverments of his petition
nro sustained h tho proof.
3. A vnrlnnce between nn averment of a
pleading and the evidence given lo sustain
It Is not to be deemed material unless It
has misled the adverse party to his preju
dice In maintaining his action or defense
upon tho merits.
I. The tnx lieu upon real estato existing
In fnvnr of tho public Ih ordinarily ex
tinguished by payment. The exception to
the rule Is where hind has been sold by the
county treasurer nnd tuxes against tho
same becoming afterward delinquent nro
paid by the holder of thn tax sale certifi
cate No. 1OS02. Perdew against Tillman. Error
from Butler. Reversed, Dnj. C. Division
No, I. Beported,
3. The Inw presumes that the officer mak
ing tho assessment performed his full dntv
and until the contrary Is made to appidr ft
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Appeal from C.is Affirmed Dav
Division Nu I Reported.
I In nu equltv en so where there Is no
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