'ftHE OMAHA DAILY BEE; FRIDAY, JAUAHY 10, 1902. FREE TEXT BOOKS IN OMAHA BiptriiUidiat Fowlar Bay Ho Law Bi qairti Chj to Fanlih Thm. MUST MAINTAIN SCHOOLS NINE MONTHS Kctirnaka Commission for St. t.ntils t!xinnltln Scrkn to Itnlne t-'ttnils I. II. IMillliln'a .Itnlgment AMrnieil. IFi'om a Klnft Correspondent.) LINCOLN, Jan. 9. (Special.) In nn opin ion glten today State Superintendent Fow lor declares that there la no lnw which, re uulres the school district of the city of . Omaha.' to furnish free text book to pupils in the public schools. Thin ruling wns made ' In response- to an Inquiry as to whether or not the Doard of Education of that cltv could legally discontinue the practice of Riving free text books In the High Behoof, ilr. Fowler sayjii "Replying to the- Inquiry, It la my opinion that the school district of the city of Omaha Is exempt from the provisions of subdivi sion 18, school lawn of Ncbrasku, as revised and amended In 1001, relative to text books and supplies. Section 1 of said subdlv.slou reads as follows: " 'District school boards .and boards of trustees of high school dfstrlcts 'and boards of education In cities of the first and sec ond class aro hereby empowered and It la mado their duty to purchaso nil text books necessary for the schools of such district.' "The school district city of Omaha Is or ganized under subdivision 17, schools In metropolitan cities, and Is, therefore. . clearly and purposely oxempt from tho pro visions of subdivision IS. Moreover, sub division 18 was enacted Into Uw by tho leg islature of lsoi, when Omaha wns and for many years had boon furnishing free text booke-to tho pupils In Its public schools." Replying to nn Inquiry ns to the length of term required for tho school apportionment of tho state, Mr, Fowler says: "It Is my opinion that the school dis trict of tho city of Omaha must maintain a least nlno months of school to share In tho state apportionment of school moneys. Tho law says that In the nbsonco of any agreement between tho director and teacher to tho contrary twenty days shall consti tute a school month. It Is not necessary tht tho twcilty'days be taught, but holi days must not bo doclarcd by tho board of education Qnd tho teacher's pay must go on for twenty days. In order that n legally constituted'' school month may bo re ported." Fund for chrnakn Display. Tho Nebraska commission for the Louis iana Purchase exposition will mcot In this city tomorrow to formulate plans for Its work and to determine upon somo method for raising tho funds necessary. Tho com missioners aro: J. Sterling Morton of Ne braska City, B. E. Ilruco and O. W. Wattles of Omaha, C. II. Itudge of Lincoln and, II. S. Whlto of North Platte, and It Is be lieved that nil will attend tho meeting hero tomorrow, as It will be tho first and thercforo ono of tho most Important to be hold. The five members were together with, tho governor In St. Louis on December 20 lu8t, but so far as known no dcflnlto plans wero mado nt that time. Stale Historical Society. Early railroad history of Nebraska will be tho chief topic of discussion at the forthcoming Snooting of the State Historical society, which will bo held In the chanel of tho Unlvorslty of Nebraska, on tho even ings of January 14 and 16j. The program follows! Tuesday Kvanlng. January 14-Presldent's annual address, J. Sterling MoVton; "The Oreat Railroad Miration Into North Ne braska, J. It. Hueluinnn, genoral passenger ngent Klkhorn rallroud; "The Work of tho Union Pacific Railroad." K. U Lomax. general passenger agent Union Pacific railway; "Early ltaltroad Reminiscences." a. round table of discussion conducted by President Morton. Wednesday. January 15, ft p. m. "Ne braska Archaeology,'1 E. E. niackman; "Recollections of the Nebraska ' Stato Hoard of Transportation." Gilbert L. Lnws. former member Stnto Ilonrd of Trnnspor tnt on; "Nebraska Politics nnd Nebraska , Hnllroads," J. II. Agor. Hurllngton & Mis. sourl River rnllwny; "Nebraska County noundarles," 13. L. Sayre, Union Pacific law department. Tho Nebraska Stato Horticultural so ciety will meet In morning and afternoon esslons January 14, 15 nnd 16 In Nebraska hall, on tho university campus. Ia cbmplianco Tvlth action taken a year ago, a supper and social meeting for tho members of tho societies and of tho Stato Historical society will bo given at tho Lincoln hotel nt 6 o'clock Wednesday even ing, January 15. l'hllhlii'a JuilKinrnt Affirmed. Tho supreme court has affirmed thojudg ment given P. H. Phllbln of Omaha for $3C0 damages against1 tho proprietors of tho Paxton hotel for blocking tho cntranco to bjs placo of business. Mr. Phllbln Is a ticket broker and' had rented a room'from the Kitchen Hotel company, tho apartment communicating with", tho hotel rotunda by means of a rear door. Ry dodging ubour n couple of pillars ono could enter the ticket, ofllca from the hotel. Suddenly, al leged rhllblu, tho method of Ingress was shut off by a partition eroctcd by tho hotel people.' , , ' When a bill of $500 for, rent waB pro ' sentcd to Phllbln ho refused to pay It nnd when suit was brought ho appeared with a counter claim for 800. The partition, ho declared, had Injured his business fully one-thlnl, besides making It necessary to hire a "barker" to "spiel" outsldo on tho streetB. Ho wanted MOO In excess of tho rent bill. ' Tho company endeavored to show that thoro wbb no accurnto way of telling the average business tho ticket broker trans- acted, even If tho damages were duo him. Dtit Phllbln had an abundanco of data on this point, which the court approved. Tho broker was nllowcd all tho damages he asked and tho company appealed. Now the decision of tho supremo court U on tha sldo of Phllblu. .clirunUii Ni'liooliniiatera' Club, A cnlHiaa been issued for thoslxtoentb meeting 'of the Nobrnska Schoolmasters' club la this city Friday, January 17. Rus iries.s meeting wlll bo at' 0:30 and supper Will bo served to all members from 7 to 8 o'clock. The, subject for discussion at tho meeting Is "Tho College and the High School," A paper on thfs topic will be read of Prof. J, T. Lees of tho University of Nebraska nnd tho points advanced will bo discussed by Principal A II. Wnterhouso of Omaha. Inspector of OIIk, The report of R. II, slier, statd Inspector of oils, fqr the month of December show tho receipts of the ofTlco to havo amounted to $1,014.20, and tho expenses to 1912, feav Jng a balance of Jl.00t.69, which was turned Into the treasury The balance for the corresponding prlod a year ago was $335. Mnjruet Mute nnnk. Secretary Uoyso of tho Stato Ranking Hoard today Issued a charter to tho Magnet Stato bank of Magnet, Cedar county. .It Is capl.tnllted for 110.000 nnd Its Incorporators ar: F. E. Strahsn, John T. Ilressler, II, F. Wllscn, II. 8. Rlngland and Robert E. K. Mollor. Motor Vrlilrle t'oniiiui-. The Goodrich Motor Vehicle company of Omaha has incorporated unOer tho laws of the state for tho manufacture and sale of motors and vehicles of various kinds. It Is capitalized for $200,000 and th principal incorporators are: O. A. Goodrich, M. T. Munslnger, John N, Westberry, R. A. Tal bot and James Darrett. Omnhn Country Ctnb, An amendment to the articles of tho Omaha Country club wero filed today, pro viding for an annual meeting pn the first Tucsilpy In each Dtcember and for the elec tion of three directors at caoh annual meeting. Tho directors so chosen shall serve for three years. .Judge lliirne Takes Oath. The appointment of J. R. Barnes of Nor folk as member of tho supreme court com mission, vice Judgo Sedgwick, resigned, was officially announced this morning. Judge Rarnes took the oath of office this morn Ins. Xelirnakn Territorial Pioneers. The Territorial Pioneers' association will" meet In the university- chapel, Lincoln, Wednesday, January 13, In placo of Tues day, January 14, ns before announced, at 2 o'clock. County orUcers TnUe Seats. Newly-elected county officials and em ployes took their scats today. The only new officers are .Commissioner Tilton, Treasurer Knight und Register Moore. FAMOUS MILES WILL CASE Taking of Testimony I" Concluded and Thirty Dnya' Kitemlnn Is Taken, (From a Staff Correspondent.) LINCOLN, Jan., 9. (Special Telegram.) Tho taking of testimony In tho Miles will caso was completed before Judge J. J. Thompson tonight and thirty days' time was granted each side to obtain depositions of absent witnesses. Tho hearing has taken the entire time of Judge Thompson since Monday morning, and tonight an evening session of tho court was held In tho Llndetl hotel. The decision given by the court some tlrao ngt was In favor of Joseph Miles and against Samuel Miles, who claims a largo portion' of the cstato under an alleged subsequent will. The court hold thai there was not sufficient evidence to establish the authen ticity or cxlstcnco of this later Instrument. Samuel Miles now is seeking a rehearing on the grounds of newly discovered ovl dence. To substantiate this claim is of fered the cvldcnco of Paul Gadsden, for merly of St. Louis, now of Mexico, who says he wrote the will, which w'as In favor of Samuel Miles. Final testimony and ar gument will be before Judgo Thompson in Grand Island. SURVEY FOR ELECTRIC ROAD Eiiiclnccra Looking for Itonte for l.lnc Across Sarpy , County. PLATTSMO'UTH, Neb.. Jan, 9. (8peclal.) The engineers who are running tho lino of survoy for tho new electric road across" Sarpy cour.ty to connect with" tho soverat lines through this county have so far com pleted their work that it is expected that they will reach the Platte river this even ing. Thoy nro experiencing a good deal of trouble In finding a feaslblo routo across tho divide between tho Papllllon and the Platte, os the highest point of tho divide between , the Papllllon and the Platto reaches 200 feet higher than tho Platto val ley and the dlstanco between that point and the Platte Is so short that the grado will ncrossarily bo quite steep. It is ex pected that tho bridge over the Platte river will be some twenty feet above low water mark on that stream. As soon as the work is completed on that -side of the river the survey will be pushed through Cms county as rapidly as possible. , JUDGE ELECT TAKES OFFICE Ills First O0clal Act la laanance of Marrlaae License to HI Daughter. COLUMBUS, Neb., Jan. 9. (Special.) John Ratterman was formally inducted Into tho olTlce of county Judgo this morning in tho prcsenco of n dozen upoctators, he and his predecessor, T. D. Roblson, each mak ing a -short "speech. Judge Ratterman's first official act was tho Issuance of a marriage license by which his own daughter, Miss Cclla, Is to become tho wife, of O. II. Bender, a prominent young business man of Cornlca. Tho only other county ofllco to bo filled by a new man Is that of coroner, in which Dr. P. H. Motz" of Humphrey Is succeeded by. Dr. A. E. Mooro of Platte Centor, whose" official bond has been received, but who has not put in an appearance. Tho bond of County Treasurer Bcecher has been fixed nt $60,000 and will bo sub mitted with Individual signatures; that of County Clerk Phillips at $3,000 is already submitted and approved. FORGES CATTLEMAN'S NAME Dor Afllxea Wealthy Ilnnchman'a Sla intuie to an Order for Cloth ing and Shoes. SUPERIOR, Neb., Jan. 9. (Special.) Harry Witt, giving his ago as 17 and his homo as St. Louis, was arrested near' Su perior this afternoon on a charge of for gery, Witt appeared in n dry goods store this morning with an order for a bill of clothing and shoes. The order bore the name of Enos Lester, a wealthy cattleman. Tho merchant suspected that tho order was a forgery and stepped out of his store to Investigate. In his absence Witt fled, but later In tho day was captured by Police man Jones a few miles out of town. He confessed to forging Lester's name. VIOLENCE 0FTHE STRIKERS Members of Ilntchcra' I'll Ion Alleged to Have neaten Men Who rtefnaed to Quit. NEBRASKA CITV, Neb., Jan. 9. (Spe clal Telegram.) In the packing house strlko both sides are waiting. It Is reported that four or five eeltarmen who refused to iso out with tho strikers were assaulted by members of tho Butchers' union last night. No arrests were made and quiet prevails about the packing plant. F,liit Itrpiilillcnn Judge In HO Years. FREMONT, Neb., Jan.' 9, (Special.) The newly elected county officers took their position! today. A. M. Brlggn, the first re publican county Judge In thirty years, ap pointed Oraco Shlvely clerk. Treasurer George Coddtngton appointed John II. KnoclU deputy aud Anna Oodel clerk and stenographer. County Clerk Murrell, who was re-elected, retains the same office force. Register of Deeds O'Connor retains Frod Klaes as deputy. Sheriff Kreeder ap pointed A. Bauman, Jr., deputy sheriff. Superintendent Charles Amott, Coroner Frank Brown and Surveyor Sanders have no deputies or clerks- to appoint. The old county board have not yot completed their labors, but expect to finish up a large amount of routlno business this afternoon. rim a I Company laanea Stuck. PLATTSMOUTH, Nob., Jan. 9. (Special.), The Plattsmouth Power Canal company, by tho president and' secretary, havo is sued stock to the persons entitled to them and tho owners of same hope they may soon be worth their face value. SIOUX INDIANS MUST WORK Otmniiiitlir Jonn InangtmUf Radical OhtifM in Trtstnmt f BWikiu. FREE RATIONS ARE DISCONTINUED Any Ahle-Ilodled Man Itefnalna; to Aid in Irrigation Dama, Itoaila nnd Fire niinrda Will Re Cat Off the Feed Roll. ROSEBUD, S. D., Jan. 9. (Speclal.)-In-dlan Commissioner Jones has Inaugurated one of the' most radical changes In the treatment of tho Sioux Indians. After Aprlt 1 no tree rations will be given to any ablebodled Sioux Indian. But In lieu of rations work is to bo provided for all such at $1.25 per day. Anyono refusing to work will be cut off of tho ration roll, but given work when ho applies. This work will bo in building dams for holding water In dry creeks and constructing roads and bridges and making Are guards. The old men and women and all infirm or invalid are not affected by this order. The commissioner will also endeavor to pay up all Individuals who are capable of using their pro rata, share of all tribal funds and make final settlement with them when they will cease to bo mem bers of a tribe. These new measures In volve a large amount of work In revising rolls and planning work to meet the changes. At a council, when these new or ders were explained, a wide difference of opinion was expressed. Some declared they would fight and some said it was Alt right and what they had been asking for twenty-five years. AIRSHIP COMPANY ORGANIZED Sonth Dakotana Tropoae. to Manufact ure .Machines for Aerial Navigation. PIERRE. 8. D., Jan. 9. (Special.) These articles of incorporation have been filed: Northwestern Aerial Navigation company, at Elkton; capital, $2,000,000; Incorpo rators, Henry Helntz, M. F. Helntz, nov. George Sheehan and a number of other persons of Elkton. The purposo of this company Is to utlllzo the patents of Henry Helntz of Elkton, who claims to havo per fected a machine with which he can suc cessfully navlgato the air. Hamilton Hotel company, Pierre; capi tal, $1,000,000; Incorporators, Montgomery S. Graham, Charles N. Lomis and I. W. Goodner. Policy Holders' union, Huron; capital, $250,000; Incorporators, W. B. Walker, James T. Marchant and Phillip Lawrence. D. E. Lester company, Huron; capital, $500,000; incorporators, D. F. Lester, A. L. Rlngo.and Phillip Lawrence. Western Fuel company, Huron; capital, $300,000; incorporators, Gcorgo II. Burns, A. L. Ringo nnd Phillip Lawrence. Citizens Telephone company, Sioux' Falls; capital, $200,000; Incorporators, E. W. Coughran, W. T. Doollttle, H. H. Natwick, O. W. Burnsldo and J. R. Conway. Tiger Mining and Milling company, Dead wod; capital, $1,000,000; Incorporators, Charles' Walto, Chambers Kellar and O. C. Jewctt. t General Exposition company, Pierre; cap ital, $50,000; Incorporators, Allen S. Wil liams, Harry D. Benedict and L. L. Steph ens. Acme Lead and Zinc company, Pierre, capital, $1,000,000; Incorporators, I. T. Hunter, E. J. Mialck and Oscar Nelson. Big Creek Mining company of Idaho, at Sioux Falls; capital, $3,000,000; Incorpo rators, William H. Lyon, Sioux K. Origsby and P. R. Keisey. NEW TOWN GROWS RAPIDLY Transition from Mintntr Camp Into Prosperous Commanlty in Short Time. DEADWOOD, S. D Jan. 9. (Special.) Roubalx Is the corporate name of the sta tion" on the Burlington formerly called Perry. It Is rapidly graduating from a small mining camp to a prosperous town. Over fifty new houses have been erected during tho last year, many of them being substantially built, for permanent homes. Tho town Is situated In the valley of Elk creek, which at that point Is nearly halt a 'mllo wldo, and Is supported chiefly by the Clover Leaf Mining company, which Is operating tho old Uncle Sam mine, pur chased four years ago. The company has lately completed a now stool hoisting plant and is at present running twenty stamps of the mill, which is soon to be enlarged. Three shifts of sixty men each are cm ployed by the company. The freight busi ness of the town amounts to over $3,000 a month and tho express receipts are still larger. Bonds are "being Issued to build a new school house, and an electric lighting plant is contemplated. Several now business houses havo been established during the last few months. The railroad was formerly the Black Hills & Fort Pierre, owned by the Homcstake Mining company of Lead and sold to tho Burlington last summor. ELOPERS WAIVE EXAMINATION Man Who Deserted Wife and Woman Who Left Iter ilusnnnd Com mitted to Jail. y SIOUX FALLS, S. D., Jan. 9. (8peclal.) Philip Knodel and Sophia Kerr, an eloping couple from Hutchinson county, who were recently arrested at Sutton, Neb;-, and brought back to South Dakota, at their pre liminary hearing waived examination and were held for appearance at the next torm of circuit court In Hutchinson county. Tbelr bonds were fixed at $1,000 each, but they were unable to furnish them and have been lodged In Jail. Knodel deserted a wife and four children, wbllo the woman with whom he eloped deserted her husband. Fair Aaaoelntlon Klecta Officers, YANKTON, S. D., Jan. 9. (Special.) The Yankton Stato Fair board hus olected theso officers for 1902: .Gcorgo W. Roberts, Mtko Magncr, W. C. Lusk, William M. Powers, Frpd Schnauber, Fred Donaldson, E. Madolo, H. E. Brlsblne, W. E. ,Dcan, W. Bader and F. Fanslow. A larger num ber of' stockholders attonded than at any previous moctlng and enthusiasm for the future of the stato fair in Yankton for tho year of 1902 was expressed. Theso orTlceri of tho board were elected; President, George W. Roberts;' vice 'president, Fred Schnauber; secretary, W. R. Dean, and treasurer, Fred Donaldson. Plans aro now being prepared for a fair carnival, to be held tho last week In January to raise mqney to pay the Indebtedness of tho local association. Rlrctrlu Cnra for lllnok llllla. DEADWOOD. S. D., Jan. 9. (Special.) Tho city council of Deadwood has been asked to grant n franchise for an electric car line, to be built by Milton O. Conners and associates, connecting Deadwood, Cen-. tral City and Spearnsh. Spearflsh and Chi cago capitalists propose to bulM the line. Chartera Ni-tv Itnllrond. JEFFERSON CITY, Jan, 9. The secretary of state today Issued, a charter to the St. Louis, Hlllsboro & Southern railroad of St Louis, with a capital stoilc of $1,000,000. The road, the incorporators of which arc all St. Louts men' except Otto Forcnhorst and Edward Weiss of New York, will extend from St. Louts to Hlllsboro, In Jefferson county, a distance of forty miles. PLEAD GUILTY TO THE"CHARGE Tiro Men Acknowledge that They Set Fire to n nam, rLATTSMOUTH. Neb., Jan. 9. (Special.) Ernest Matcer and Walter Stock wero ar rested today on tho charge of arson and rob bery and taken before Justice Archor. where they pleaded guilty to the chargo and were bound over to the district court. Tho crlmo for which they were arrested was setting flro to the two-story frame barn of Huntsman & Ramge. The flames con sumed the building, three good horses, ono cow, three wagons, two sets of harness and a largo quantity of hay. I'et Stock SIhmt at Fremont. FREMONT. Nob., Jan. 9. (Special.) Tho Dodge County Pet Stock association is hold ing its annual exhibit at the Women's Christian Tcmpcranco Union templo this week. About 400 chickens of all the lead ing varieties, besides geese and ducks and Belgian hares, are on exhibition. There aro a good many exhibitors from outsldo of the county. The barred Plymouth Rocks, Braumas, Buff Plymouth Rocks and Black Langshans are especially welt represented. The attendance is good and much interest is taken In the poultry, though scarcoly any In tho Belgian hares. v Farmer'a Xarrovr ISacape. OSCEOLA, Neb., Jan. 9. (Special.) Olo Chrtstonson had a narrow escape on Mon day. He had Just prepared to return .from Clarks when a dog barked and frightened his horses. The team dashed across the railroad tracks right In front of the fast train. The hind end of the wagon was struck by the engine and Christenson was thrown twenty feet. Dr. Shaw was sumf moned and reports that Chrlstonson's In juries will not prove fatal and that ho will be moved to his home as soon as he re covers sufficiently. Mllltln Klects Officers. LONG PINE, Neb., Jan. 9. (Bpoclal Tel egram.) At an election of officers for the company of mllltla recruited by Dr. H. P. McKnlght these officers were elected: II. P. McKnlght, captain; Clayton Potter, first lieutenant; W. B. Dickson, second lieuten ant; C. O. Wright, first Bergoant. Quarantine at Pender. PENDER, Neb., Jan. 9. (Special.) Threo families have been quarantined for scarlet fever In the last week. The cases havo all been light and every precaution has been taken to prevent tho spread of the disease. Tho epidemic of smallpox at Winnebago is gradually growing llghtdr. Chorus to Hlnn "The Mraalah." SUPERIOR, Nob., Jan,. 9. (Special.) Handel's oratorio, "The Messiah," will be sung here by a chorus of fifty voices In March. The chorus is under the direction of Mrs. W. L. Wilson and has been training nearly two months. IDENTIFY LOGAN AS ROBBER Great Northern Expreaa Officials Vialt Knoxvllle to See the Prisoner. KNOXVILLE. Tonn., Jan. 9. Oeneral Manager D. S., Elliott and, Messenger C. Smith of the Great Northern Express company, and Fireman O'Nell, who were on the train which was robbed by bandits at Wagner, Mont., July 3 last, have positively Identified the man under arrest here as Harvey Logan, as one of the men who robbed the express car of tho new Montana bank bills and other valuables. The same train which brought these throe men bad as passengers a man and woman who came on Great Northern tickets and who are believed to bo friends of Harvey's gang. After tho Identification Messrs. Elliott. Smith and O'Nell departed for St. Paul. COLDER WEATHER IN PROSPECT Fair Skies for Frldny and Saturday in Nebraaka, hut Drop In Tempcrntnre. WASHINGTON, Jan. 9. Forecast: For Nebraska, South Dakota and1 Kansas Fair Friday, colder in north and western portions; Saturday fair, colder in southeast portions; variable winds, becoming north erly. , For Iowa Fair Friday and Saturday; northerly winds. For Montann Fair Friday and Saturday; westerly winds, becoming variable. For Oklahoma and Indian Territory Fair Friday; Saturday fair, probably cold; south erly winds, shifting to northerly. For Arkansas Fair Friday; Saturday fair, probably colder; southerly winds, becom ing variable. For "Missouri Fair Friday, colder In northwest portion; Saturday colder; winds shifting to northwesterly. For North Dakota air Friday and Sat urday; northerly winds. For Colorado Fair Friday, colder In southeast portion; Saturday' fair; variable winds. For Wyoming Fair Friday and Satur day; winds shifting northwesterly. For Illinois Fair Friday; Saturday, fair and colder in south and central portions; light westerly to northerly winds. Local Ilecord. OFFICE OF THE WEATHER nunEAU. OMAHA, Jan. 9. Official record of tem perature and precipitation compared with the corresponding day of tho last thres years. 1902. 1901. Iftln 1M1 Maximum temperature.... 46 is id 33 Minimum lemperiiiurc..,. .1 12 26 H Mean temperature 40 IS M u Precipitation 00 .30 .14 ,00 Record of temperature and precipitation at Omaha for this day and sines March 1 1901: 'Normal temperature .- ig Excess for the day ' Total excess since March 1 'low Normal precipitation 02 Inch Deficiency for the day ..: 02 nch Precipitation since Mnrch 1 2.n tncnea Deficiency, sine March 1 , 6.23 Inched Deficiency for cor. period. 1901... .02 ch Deficiency for cor. period, 1900... t. 37 inches Iteports from Station at 7 p. ni. HI :9 H : 3 CONDITION OF THB WEATHER. 9 : P Omaha, clear Valentino, partly cloudy , North Platto. partly cloudy...,, Cheyenne, clear Bait Lake City, cloudy ,.. Rapid City, cloudy Huron, partly cloudy Wllllston, clear Chicago, clear , ,, St, Louis, clear St. Paul, clear-; , Davenport, clear , Kansas City, clear Havre, clear Helena, clear ...., Illsmarck, clear Qalveston, clear , 42 46 .00 SS 40 .00 40 60 .00 ,.. 48 .00 2S 30 .00 44 50 .00 31 40 .00 28 SS ,0l 44 50 .00 M 62 .00 32 3ti .00 42 52 .00 68 64 .(O S2 42 .00 38 44 .00 30 36 .00 58 61 .00 L. A. WEt.HII - local Forecast Official. SMOKE DAMAGED SHOES ON SALE IN BASEMENT $100 Pair, Worth $3 and $4 t WARR1NTF0R HARVEY CURRT Spiolal DittotiTt aid UnHtd Itatii Vat shall to Afttr Outlaw. LOCATED IN TENNESSEE MOUNTAINS Only Mmlier at Large of ht Gang That Held Up and Ilolilied Union Pacific Bzprcaa Train at Wllcoi. CHEYENNE, Wyo., Jan. 0. (Special Tel egram.) United States Marshal Iladsell of Wyoming and W, T. Canadla, chief ot tho Union l'acltlc secret service, secured a warrant nt Casper today for tho arrest of Harvey Cn'rry, ono of tho members of tho Curry gang of outlaws that held up and robbed a Union Pacific express train at Wilcox, Wyo., on Juno 2, 1899, nnd who threo days later killed Sheriff llazen of Converse county during a battlo on Tea Tot creek, forty miles north of Casper. Curry Is tho only ono of tho flvo men thut robbed tho train and murdered tho pursuing oluccrs now at, large. Ho has been located in tho mountnlns of Tennessee nnd the ofllccrB are reasonably certain that they will capturo him. Harvey Curry Is said to bo tho man that fired tho shot that killed Hazcn. Of tho other members of tho robber gang two are dead and two are In tho clutches of tho law. Goorge Curry, tho leader, was killed by officers near Thomsons, Utah, two years ago; Lonny Curry, alias Lonnlo Logan, was killed near Kansas- City while resisting arrest a few months following the death of Oeorgc Curry: "Bob" Lee, alias Curry, was arrested at Cripple Creek early In 1900, and was sentenced to tho Wyoming penitentiary for twenty years, and Harry Lonabaugb was arrested at St. Louts two months ago. Rewards aggregating $3,000 are still standing for the arrest and conviction of tho sole survivor of tho notorious outlaw gang. RAILROAD FOR BIG HORN BASIN Cine from Cod? to Coal Flelda Near Mceteetar in He Unlit In SprlnaT. CODY, Wyo., Jan. 9. (Special.) It Is re ported from Garland, a station north of Cody on tho Cody-Toluca line, that grading outfitters havo stored tholr machinery there with the understanding that the road will bo extended on to tho cgpl field near Meoteetso, owned by Senator Clark of Mon tana. Tho lino has been surveyed and It Is understood that work will bo commenced on the grade early in tho spring.' Tho dis tance from Cody to. tho coal fields is about tfilrty-flvo miles. It Is also .reported that Colonel Cody and his associates havo a grant of 200,000 acres of land In tho Dig Horn basin which they will lose In another year unless they get water on it. It will cost upward of $1,000,000 to water tho tract, but whou tho canals aro constructed tho land will be worth $10 per acre. Without railroads It Is difficult to get farmers to settlo In tho basin country, and Cody and his as sociates are working to havo a number ot branches of the Burlington, built. Including tho lino to tho coal fields, to tap tho large agricultural section. ' It Is said that tho coming year will wit ness great activity In the Dig Horn basin country. Tho Durllngton railroad, which owns thousands of acres of valuable coal lands there, Is Interested In tho develop ment of tho country and will construct numerous branches that will open up sec tions now remoto from railroad communica tion. Tho success attained by tho several col onics of Mormons from Utah has been thor oughly advertised and tho coming spring promises to witness a' big Influx ot farmers from tho middle' west, as well as several more colonies of Mojmons from Utah. MINE CONTINUES TO CAVE IN Surface fllvca Way and Work of Ile coverlnK lln r I ml Dodlea He ed ni c nnitKernna. NEQUNEE, Mich., Jan. 9. Tho surface of tho Neguneo Is still caving In, going direct to tho drift where tho bodies of tho workmen wero covered. The blacksmith shop west of the opening went down late last night and from present Indications the dry houso west of tho opening will go down. It Is new problematical when the bodies of tho burled miners wll be recov ered, as with water pouring In and tho sur faco giving way, tho work cannot be carried on with any degree- of safety. COLLIDES VyiTH FREIGHT TRAIN VIckahurK Kxprraa on the Sllaalaalppl Volley Wrecked Nenr New Orlenna. NEW ORLEANS, Jan. 9. The Vlcsburg express on the Mississippi Valley, which left here at 7:10 this morning, collided with a frolght train twelve miles from New Or leans. Honry 'Foster, a negro fireman of tho freight, was killed; Engineer Campbsll had hla Jaw and leg brokon; Engineer Ilaldwln and Fireman fleorgo Was son of the passenger train and threo negro brake men were Injured. None of tho passengers were hurt. . 1 Every pair of emoko damaged ahoos has been taken from tho main floor and placod In tho basomont for lmtnodlato clearance. Wo have mado a prlco on tho wholo lo( that will sell thomqulok. This is beyond quostion tho most sensa tional shoo valuos ovor offered. You havo our assuranco that not n single pttir was sold for less than 53.00 most of them were $4.00. It's your opportunity hotter como early tomorrow, (Friday.) Exceptional lots of good shoes' gathered, arranged and assorted to make sizes all complete. Most all widths. Women's vory dark tan shoos, in lace, fanoy trimtnod, eofoll work ami inserted vestings, (broken sizes), 31.00 a pair. Women's dongola kid shoos, vory serviceable, all sizes', Misses' viol kid, box calf, ohromo kid and patont loathor ohoof, Might nnd oxtension solos, nil sizes, $1.00 a pair. Child's box calf, vici kid dress and cvory day shoos, think nnd tliin solas, all sizos, (Sl.'OO a pair, , Men's onamol, patont loathor, cordovan and calf shoos, congress nn lace, somewhat brokon in sizes, 81.00 a pair. Theso aro the host shoes ovor placed on a bargain countor. Little Hoys' solid knockabout school shoos, stzos 0 to 13, 79c a pair. Women's carpct.sllppors, an odd lot, nt ll)o n pair CURES THE KIDNEYS Kidney dliesta Is the enemy we have most to fear as a result of the fererlsh haste of modern cWllltatlon. Xt It a treacherous enemy under corer of such trifling' symptoms as headache, slight but persistent backacht, dizziness, heart-throbbing, weak digestion, constipation, frequent or diminished passage of urine, scalding urine, sediment in urine. PRICKLY ASH BITTERS h a kidney medldue of the greatest merit. Its action Is healing ana strengtuemug, quickly relieves netting or soreuets In the back, checks wasting or decay of the kidneys, corrects the flow of urine and through Its excellent cleansing- and regulating effect In the stomach, liver and bowels it sptedlly testores the strength and ruddy glow of vigorous wealth. SOLD BY i PRICE, THE FAST TRAINS TO DENVER RUN VIA THE UNION PACIFIC. LEAVE OMAHA DAILY 4:25 P. M. AND 11:30 BROWNELL HALL. Reopcnn Jnnuary 6. Second term beg Ins Fcbrunrv i . 1 .. uatcs. Principals' certificate admits to VoIIom J-i 111, '"J1?10' college grnd vantages in Music. Art. Modcmlnguag J iL 'Tl 1 Sk'rhnr EX?"entJ,1 grndo nr.d academic branches. Special a Mention to , Tn,oroue" work In for catalogue. Address, P- "M'TlACnlrRS'LT OMAHA."11 DOCTORING FREE. A staff of eminent physicians and sur geons from tho Urltlsh Medical Instltuto have, nt the urgent solicitation of a large number of patients under their care in this country, established a permanent brnnch of the Instltuto In this city nt tho corner of Sixteenth and Karnam streets, Rooms 43S-I3D Hoard of Trado building. . Iheso eminent gentlemen havo decided to glvo tholr services entirely frco for three monthM rmcrllpfnu. rvontnrik ,A ,i Invalids who. call upon them for treat-' mini ui-iwiin nuw and enruary .. Tho object In pursuing thla course Is to become rapidly and personally acquainted with tho sick nnd allllcteil, und under no conditions will any chargo whatever bo made for pny sen-Ices rendered for thren months to all who mil beforo Kebrunry S. Malo nnd femnlo weakness, catarrh nnd catarrhal deafness, also rupture, KOltre, cancer, all Hkln diseases, and nil diseases of the rectum, nro positively cured by their now treatment. LB A Model Doctor's Office Most doctors And rt convenient to hlva evening or Sunday ofllco hours. Patients can hardly walk up atalrs such times. The Bee Building has all 'night and Sunday elevator service. Water and gas, as well as electrlo light are In each room. The rooms are all light and our offices aro most attractive. Itenja are no blghor than In inferior buildings. R. C. Peters & Co,, Rental Ajency, Ground Floor, Bee Building. $100 Fair, Worth $3 and $4 working out Its dradlr effect DRUGGISTS, $ l.OO. ) P.M. F. m ' auk laaui to do business, ADVERTISE. To keep business, ' KEEP ON ADVERTISING. Telephonc238 and a lice Advertising men will call. Oftice Ilonra, H a. m. to n p. Suadaya, from 8 a. m. to .1 p. as. DR. McGREW Ag9 53 SPECIALIST- DUuiikea nnd DUitnlcra of ."!, ii Only. 'M Yeura llxiierliinco, 5 Veiira In Omnhn. VARinnr.Fi f cu.rfi in tnan 10 dft'3 lthollt flltllni. irniLIO for life. All breaking. out and Ul UIBVUSU IIIHUJIJICUI ni OIICO. OVER 9fl ,in??,',. nervous U I Ln III) www debility, loss of vitality and nil nnnuturnl wcukuuHscH of men. Structure, Oleot, Kldnov and madder Uls euees, Hydrocele, cured permanently. Curea (jiiiirniitrril, t.'iinaiiltiitlon Free, CHARGES LOW. Treatment by mill. V. O. Hox 76U. Offlce over 21t B. Hth street, betweon Far ram and Douglas Stn OMAHA, NEU. BBBBBBBBBBlaW .BSasasasBBBBah. vfaBH IbIIIIIIIIHbvWIbIIbBi V