THE OMAHA PAILY BEE: '-THURSDAY, FEHHUATIY 0, 1002.
NEWS OF INTEREST FROM IOWA.
COUNCIL
HISOR HCtTIOS.
J TDarts Bella drugs
Btoekert sells carpet and rug.
.Mats kr at Neumsryere hotel.
CTntlinae, scientific onttclan. 40f B'waT
J. H. Templeton. father ot Fire Chief
Temple ton, la eenousiy m.
Twenty per cent dlacount aale, Alexander
Co., ait dealer. 331 Bway.
Shaduklam temple,. Dramatic Order
Xnights of Khorsssan, meet tonight.
Missouri oak body wood. t5. cord. WU
Aara Welch. 23 N. Main street. Tel. 12
Judg Wheeler went to Atlantic yeeterday
to open the term of district court of Cass
county,
VT T Winsr nf Weal Ride. Ia.. la
ueat'of the family of Jame McClura of
f
tutaman street.
K w rtavannnrt veaterdav wa appointed
dmlnlatrator of the estate of John Petter
eon. deceaaed, the appointment by the dis
trict court at Avoca having been aet aside.
It I ald that City Engineer Etnyre, who
la now visttlng In Cuba, may aettle In Ha
vana, where he haa friend who are Inter
ested In heavy contracts on public improve
ment. Mr. Mary Pedersen. wife ot Lar Peder
en, 1Mb Bouth Seventh atreet. died y'r
day morning of atomach trouble, aged 4
year. Her husband And four children sur
vive her.
William Campbell of Fremont countv,
former sheriff of Mllla county, was In
Council Blufla yesterday, calling on friends.
Ha waa on hie way O Hernaon county,
where ha baa bought a farm.
M. Mataon of Per!a. Ia.. acting for
Grand Cuatodlan Van Seun, la conducting
a Maaonlc achool of Inatructlon In Masonic
temple thl. week. Three sessions will be
held dally, at a. m. and at I and 7 p. m.
J. C. Knapp, in advance of Til Henry'
fnlnatrela, which how here Saturday even
ing and matinee at the Dohany opera
house, waa In Council Bluffs yesterday. The
matinee la especially dealgned for the chil
dren. William Wlckham. aged 67 yeara. died
suddenly yesterday at his home south of
Weston of a stroke of spoplexy. His wlfa
and three daughters, Mrs. E. W. Brletow,
Mra. W. O'Connell and Elisabeth Wlckham,
survive him.
Fred E. Bird ef Oakland, la., and Laura,
Dan ford of Hastings, la., were married
yesterday by Justice Bryant. The bride
attracted considerable attention on the
Streets, being attired In a, light akr blue
drees, and, despite the coolness of the
atmosphere, not wearing any jacket or
wrapa.
It 1 said no deputy United States mar
shal will be appointed to auccsed George
W. McNaught until after United States
Marshal O. M. Christian baa been reap
pointed. W. Richards, deputy at Creston,
wilt attend to the business at thla point
for the present. Deputy Richards, arrived
In Council Bluffa last evening.,
Mrs. Ella P. Holmfi Raymond, wife of
E. W. Raymond, SOI Lincoln avenue, died
yesterday morning, aged 62 years. Besides
her husband, one daughter. Mrs. J. T.
Klndley, survives her. The funeral, which
will be private, will be thla afternoon at
I o'clock from the famllv residence and
burial will be In Walnut Hill cemetery.
Motormen complained to the police Inst
night about the coasting on Park avenue
and Fifth avenue. , At both plaoes parties
of young people had narrow escapes from
being run over by cars On Park avenue
the coasters come down the hill onto
Broadway, croewlng the motor tracks, and
at Fifth avenue they coast light over-to
Pearl atreet, across the tracka at the Junc
tion of Pearl and Fifth avenue.
Plumbing and beating.' Blxby A Son. '
Da via sells glass,
William Hawley 8mHh next Saturday
evening at Broadway M. E. church. '
Davla rlla glaae.
ALBERT B. SMITH DROPS DEAD
General Sapariateasleat et HeBnlagt
Coasaaay Strlekea o the Street
with Heart Disease.
Albert B. Smith, general superintendent
of the Brolth Refining company of this city,
trapped 4ad ' at 1:10 o'clock laat evening
at the corner of Seventh avenue and- Main
street. HI sudden death waa attributed to
heart failure. Mr. Smith waa on hi way
la hi home at 716 South Sixth street and
wa alone. Passersby who saw him stumble
and fall went to bis assistance, but by the
time they -'reached ktm life aa extinct.
Coroner Treynor wa notified and ha or
dered the body taken to the Smith home.
Mr. Smith wa C6 year of age and had
been a resident of Council Bluff three
ears. He formerly lived In Fairfield, Neb.,
where he operated sorghum plant, which
h removed to Hastings, Nsb., and laat
yaar to this etty. .- HI wife and four chil
dren rvlv him. The children are Mr.
H- A. Searle. Mr. W. H. Cessna, 8. L.
Smith nd Harold C. Smith.
William Hawley Smith next Saturday
evening at Broadway M. E. church.
Gravel roofing. A. B. Read, Ml Broadway.
' N. T. Plumbing Co.. telephone 2 SO.
Marrla.e Lleeasee.
, License to wed were Issued yesterday to
the following:
Name and Residence. . Age.
Fred E. Bird, Oakland, Ia J 39
Laura Dan ford. Heatings. Ia 31
Michael J. Mnrphy, Council Bluffa SJ
axgarec inch, council Hi urea n
r Real Estate Traasfere.
These tranafera war filed yesterday In
the abstract, title and loan office of J. W,
Squire, 101 Pearl street:
Franklin Perka to A. E. Sea burg. mV.
and ne awH W-74-40. w. d 16,600
Jess Lockwood to Mary P. Llpe. lot
t, block . Jefreria' aubdlv.. w. d 1,(54
atary K. H. Bmith to Thomaa 8. Mai
well, lota t and H block 1. Omaha
add-, w. d , loo
Three transfer, total.
33,350
CrcJ After Yeara
I of PM Torture.
Jame Kenton. Memphis, Tens., says: "I
puffers the . torture -of Itching pile for
year, an not even mercurial ointment
would relievo mi. On 30 cent box ot Pyr-
ami Pile Cur cured me entirely. All
druggist sail It. Book, "Piles. Cause and
Cure," mailed free. Pyramid Drug Co..
Marshall, Mich.
CGVVID CUTLER
Funeral Director
leusMMor ia W. c. sjts?
ratAMt. TsT,
rss 3rT,
FARM LOAfJS Gc:J3
. J lssu. he a" a skatT ksT .
a Mala t, .Umnali t,MI
BLUFFS.
CONSIDERS GREAT WESTERN
City Cotioil ia CenmitWa f Wl1 Eetn
Cit:mtJ ?io!4it
FARMERS - fEAR THE NEW LINE
Orea villa Dds?e aad Other Ira the
Coaaellmea' to Bafesaara
the , laterests of
. the CHy.
The city council met yesterday afternoon
a a committee of the whole to conclder
the ordinance Introduced la the Intereat
of the Great Western railroad. Tba rail
road wa represented by hs local attorney.
Colonel C. O. Saunders, and J. P. Green
thleld ot the real estate firm of Green
shields A Everest, It sgrnt In acquiring It
right of way through the city. A large
number of Interested property owner and
business men were to attendance, several
of whom addressed 'the cemmittes, nrglng
that tbetr Intereat he protected and the
railroad forced to sev.le all damage before
being granted any favor by the city. The
eommlttee adjourned to 4 o'clock this aft
ernoon without taking any action.
The general contention of tha property
owners, especially those In the Third ward,
whose holdings will be affected by the ad
vent of the Great Western, wa that tha
railway company should be required to pay
them damage for the depreciation which
their property will suffer by reason of the
proximity of the railroad tracka. They
also vigorously protested against the city
vacating any portion of Ninth avenue or
South Eighth street, and against permitting
tho railroad to place it track fifty feet
from the thoroughfare en Sotltb avenue.
Oreavllle . Dodge . for tha City
Grenvllle Dodge addressed tho commute
and urged the aldermen to safeguard the
Interests of the city t-efor passing any
ordinance granting favor to the new rail
road. He ald that no road had ever com
Into Council Bluff which had asked so
much a the Great Western did. No road,
he said, passed through more valuable res
Id once property in the city than the Great
Western did and no road had mora grade
crossing In th city limits than thla rail
road ' proposed to have. He suggested that
the railroad be limited to two tracka oa
Woodbury avenue and . Tostevia street.
South avenue, which' the Oreat Western
proposed to parallel, he asserted, waa th
moat traveled thoroughfare leading Into the
city and within th corporate limit. He
xpressed the opinion that tor the safety
df farmer driving Into towa along South
avenue the railroad should not be permitted
to build It tracks within a less distance
than 100 feet from the highway and not
within fifty, as proposed. He hoped bat
the city would Insist that th railroad
maintain flagmen at fell the grade crossing
fend he Incidentally mentioned that he con
sidered It an outrag that no guards or
gatea were provided at th Main street rail
road crossings, a were provided by the
Northwestern on Broadway. He suggested
that the Great Western be required to park
with shrubbery between the. highway on
South avenue and ft track. . - 1
Ha referred to the llberalaplrit displayed
by th Illinois Central In It dealing with
property; owner on entering thi city, and
aaw no reason why the Oreat Western
could not follow Its example. II believed
the Great Western was asking for too much
and that before It be granted any favor It
should be required to aettle with all those
property owners, the vslue of whose hold
ing would be depreciated by th proximity
of It track.
Fear Faranere May Be Drive Away.
Oscar Brown, druggist' on Mala street.
who waa chairman of the meeting held re
cently by property owner of the. Third
ward, followed Mr. Dodge. He asked that
th city protect the right of th property
owner affected by th entrance of th
road Into the etty before passing any ordi
nances. He was of th opinion that th
proximity of the track to South, avenue
would drive farmer to seek a market else
where and that Main atreet merchant
would lose much ot the trade which they
bad heretofore enjoyed. Tha farmers, he
said, wer considerably worked up over th
matter and many of them had announced
their Intention of marketing at Silver City,
Instead ot Council Bluffs.
Several other property "owner In the
Third ward and business men on Main
street mad remark much to th aama ef
fect.
Coloael Saaaders for the Read.
Colonel C. G. Saunders, local attorney for
th Great Western, said the Great Westera
had paid tor every foot ot It right-of-way
through th city and had probably paid 75
per cent higher price for the property than
could be secured by tha owners oa th open
market. He said th location of th freight
depot and terminal building In thla city
woud add materially to the imputation and
there would be a demand for home by th
employe of th road within th vicinity ot
Ita track and depot. Council Bluff, he
stated, would not lose anything by being
liberal toward th new road, but Instead
would be a direct gainer.
Regarding the location of tha passenger
depot be said his company bad hoped to
buna it on the west side or Main atreet fend
Ninth avenue, but had found It Impossible
owing to th Burlington's spur track to the
Implement district. Th depot would be
erected on Nlath avenue, east of Main
atreet. on the property now occupied by the
Atlantlo house and Trinity Methodist
church. Th entrance would fee on th
avenue, with th. track south ot th depot
and south ot th aveoue.
A. protest signed by number of roperty
owners oa Ninth avenue against th city
vacating aay portion of that thoroughfare
to th Great Western wa presented and
filed.
The ordinance granting th Groneweg A
Bchocntgea company permission to erect
an elevated sidewalk platform on th west
Id ot It building on Ninth street wa re
ferred to the city attorney , to Incorporate
certain amendments.
Tho committee will meet again this after
noon at t o'clock to further consider the
Grsat Westera ordtaanoes.
Mrs. R. C. Hatcher Baca far Dlveree.
Cruel aad Inhuman . treatment to th
charge upon which Mr a. Anna Hatcher
base her eult, brought la the district court
yesterday for divorce from R. C. Hatcher,
whom she married . July )t. H81. Mra.
Ilateher sets out ta hsr petttlea that tor
th laat four year she haa been aa Invalid
aad la trail health and that la consequence
her nerve hsv been highly sensitive. She
alleges that while 111 In bed her husband
used such profane and Indecent language
toward her as to snake bar seriously III
aal cbdaoger her life. 8b asks la addi
tion to th dlvorc that ah b awarded th
custody of their two minor sons, agsd 14
and year, respectively.
Nels C. Anderson brought suit la the dis
trict court ysslsrday against Mary N'slaua
to recover ITS5, alleged to be due him a
wage for wotklng on her farm near Coun
cil Bluff for five year, from March, 1894.
Anderson place his services worth $15
a aaoath, making a total of 100, of which
amount be saya Mr. Nelson paid him $U5.
A motion for a pew trial. wa filed yes
terday In the district court by the defendsnt
In th suit of Eugen Mclntyr against
George T. Wsrd.
CANNING COMPANY SUITS
Oa, Delstoa ' Fa vara Caaarll BlaaTs
Carporatlea, White Other I
Agalast It.
Th decision of Judge Smith McPherscn
In two suits In th United States court
against th Council Bluffs Canning com
pany war received her yesterday. One
decision, that la th suit of the Grand
Island Canning company, 1 against the
local company, while the other, that In tho
suit of Claudius W. Thomaa and John S.
Collins, Is la favor ot th Council v Bluff
company. These suit wer begun July 7.
1900, and wer part of th lengthy litiga
tion between tho Grand Island Canning
company and th Council Bluff Canning
company, which had been la th court sev
eral year.
In the suit of the Grand Island Canning
Company against the Council Bluffs Com
pany, D. W. Archer, George W. Keellti and
H. Z. Haas, executors, Judge MoPhsrson
hold that th pUlatlff company shall hav
Judgment for two years' rental oa th can
ning factory In Grand Island, amounting to
$4,400.
Tho Grand Island canning factory was
built In 18S7 byi the Council Bluff Canning
company and capitalists of Nebraaka City.
The Grand Island .people contributed $22,
000 fend the members of the Iowa company
$16,500 of th cost. Stock to tho amount of
$15,000 was Issued to th Council Bluffa
company- and a contract waa entered Into
whereby It agreed to lea th Grand Island
plant tor tsn yeara at a rental of $2,200 a
year. Onerovlslon ef th agreement wa
that with 'tho payment of th rent each
year a tenth ot the stock retained by the
Grand Island company ahould be turned
over te th Council Bluff company.
Th Counoll Bluffa company ceased
operating' th Grand Island plant several
years before tho tsrm of th ten-year leas
expired, having found the business un
profitable. - Litigation followed, and th
Grand Island company secured a verdict for
several years' rent. An appeal to the court
of appeals resulted In a still larger verdict
for the Nebraska people.
In his decision Judge McPherson held that
th question Involved -In thla suit war all
adjudicated In the former litigation and
that the Counclt Bluffa Canning company
was 1 table for the rent of th Grand Island
plant for th full term of th ten year'
leas.
Ia tha other lutt the plaintiffs, Claudius
W. Thomas and John S. Collins, atockhold
ers In tha Grand Island company, sought to
enforce the contract of th Council Bluffs
company to take the stock of the Nebraska
company. They sued for $10,426, th fac
value of (IT shares. D. W. Archer, George
Keel In and Samuel Haas war mad party
defendant. It being claimed that they had
guaranteed th performance of the contract
oa th part of th Council Bluff compmy.
In this ease Judge McPherson dejlded
that th Council Bluff company being aa
Iowa corporation bad no legal right to ac
quire stock In th Grand Island corporation
and ruled In favor of the defendant con
cern. ' .". ' ' -; '- ,
THREE DIE FROM BURNS
. ssass-aasrssas
Mother a4 Twa Calldrea at Watcr
. . loo Saeesjasb to
Flasoes.
WATERLOO, Ia., Feb. 5.--Bpeclal Tele
gram.) On of th most appalling acci
dents that ever occurred In Waterloo was
th burning of Samuel Kuahner' home last
night. Mrs. Kushner and two children are
dead and two other children are lying In
th hospital at th point of death ' from
burn they received.
The fire wa cauaed by the overturning ot
a kerosene lamp upon a table about which
Mr. Kuahner and her six children were
srsthered before retiring. Th clothing of
Mr. Kushner and two ot th children
uniht flra at once and when the first as
sistance arrived th woman and two elder
children wer so badly burned that they
only lived a few hour.
Kuahner 1 a junk dealer and wa out ot
tnain when tha accident occurred and wa
at one summoned horn and I almost
erased with grief. An 18-montha-oid bany,
which th mother held at' her breast, wa
but little Injured and It 1 thought It will
recover. .
Th woman evidently sacrificed her Ufa
in her endeavor to av th baby and other
children. ,Tbe,eect particular will aver
It bnAvn. aa none of the children old
enough to know survived long enough to
tell.
TO WELCOME PRINCE HENRY
gloaa City fisraass ta Charter Trala
aad Oa rfcleawa with
Braas Baad.
SIOTJX CtTT. Ia., Feb. I. (Special Tele
gram.) Slous City German are preparing
to do their shars In welcoming Prince
Henry to th United State. Th members
ot th Sioux City Krleger Vereln, aa or
ganisation ot veterans of th German
army, are behind a movement to take a
special trala to Chicago to meet th prince.
It Is expected more than 100 German will
go from here. It 1 planned to decorate
th trala aad take a brass hand aloag.
Peaaat Kill a Baby.
SIOUX CITT. Ia.. Feb. . (Special Tale-
gram.) Th 1-year-old son of W. D. Hay, a
restaurant keeper at Movllle. near her,
waa strangled to death laat night while try
ing to swallow a peanut. Tba efforts ot a
physl-lan failed to give th llttl on any
relief. The doctor probed for th nut and
being unable to find It made an Incision In
the child's throat It la thought It went
dowa the windpipe and Into; th lungs. Th
child suffered agony In the few minutes It
lived after It swallowed th peanut
QUASHES ALL INDICTMENTS
Jadat Declares Jary Waa Illegally
Draws, aa4 Sastalas Pleaa af
Ahateaseat.
DENVER. Feb. . Judg Bennett, sit
ting la th criminal court, today decided
that th grand Jury called by Judg John
son wa Illegally drawa. Tn court sus
tained the pleaa of abatement made by
persons who had been Indicted by that
grand Jury and fell Indictments which the
Jury returned. Including thoa for Jury
bribing aad keeping gambling housea, will
b quashed.
Merriest May Cvalral City Paper,
CENTRAL CITT, S. D.. Feb. (.(Special.)
A. W. Merrtck. who started th first news
paper la th Black HUle. haa bought the
Central City Register of Benfer Hora
beck. Mr. Merrick etarted the Dead wood
Pioneer la 1176. For the last aevea year
be haa beea publishing the Black Hills
attalng Review, which he revaAUy sold.
TAXATION OF- RAILROADS
Imperuit Bill Iatredtctd ia Lis Witk
CimmiiV yiswt,
SWAMP LANDS STIR UP DIICUSSICN
Stat Beard of Health Take Hotel of
gasallpoa gltaatloa la Dea Holae
Raprens . Cavrt Deetslaaa,
favsrs Opera Caanpaar.
(From a Staff Correspondent.)
DES MOINBS. Feb. 6. (Special.) The
most Important bill In respect to the as
sessment and taxation of railroad property
la Iowa which has yet beea Introduced
mad It appearance In both houses of th
Iowa legislature ths morning. ' Th bill was
Introduced Into th senate by Bmith and
Into th house by English. Th bill em
bodies the view of Governor Cummin In
relation to th additional Information re
quired by the State Executive council In
order to make a fair assessment bt th
railroads of the state. The provisions of
th bill are a follows:
For th purpose of making reports to the
executive council the gross earnings of rail
way companies owning or operating a line
or lines of railway partly within thla state
and partly within another state or other
states or territories or territory, upon their
line or line within this state, ahall be)
ascertained and reported by said railway
companies as follows, to-wit:
Business originating and terminating
within this state shall be separately re-
gorted, with the full earnings thereon,
uslnees originating In thle atate and term
inating elsewhere, business originating else
where and terminating In this atate and
buslnesa neither originating nor terminat
ing In thla state, but carried or done over
the line or lines In thla state, or over some
part thereof, shall be reported, separating
the three classes last above mentioned,
with the full earnings thereon in thle
state, the earnings In this state being com
puted upon the basis of the length of haul
or carriage In this state as compared with
the length of haul or carriage elsewhere,
It being hereby declared that for the pur
pose of making reports looking to the as
sessment of railway property for taxation
the gross earnings or business done or
carried partly within the state and partly
In another state or other state or territory
or territories shall, be that proportion of
the entire earnings of such business that
the haul or carriage In this state bears to
the entire haul or carriage.
The executive council shall have the
power to prescribe such rules and regula
tions with respect to the keeping of ac
counts by the railway companies doing
business In this state as will Insure the
accurate division of earnings aa aforesaid
and uniformity In reporting the same to tha
executive council. -.
It is expected this bill will receive strong
support by the friend of the present stat
administration, and It will be urged in lieu
of" other bills which 'are being prepared
providing for more radical Innovation la
the matter ot railroad assessments.
Iwsmp Lead flettleateats.
In the house this morning a resolution
wa presented which stirred up a lively
discussion. The resolution Indorses th
Lacey bill tn congress for .refunding to
state the sums; received by the United
State on swamp lands granted to -the
states, but erroneously sold by the land de
partment. ' It appear that In th cas of
Iowa, after th land grant of 1852, by which
fell the swamp and overflowed land of Iowa
was given to the state, the surveyor general
failed to- withdraw large tracts from entry
and they were disposed of. i It I clalmod
that In this; way the atate of Iowa waa de
prived of nearly $;op,000K which would hav
been received, from the sale of these lands.
The resolution.; approving the Lacey bin to
effeet ettlemwwr was presented at the re
quest of the entire Iowa delegation In con
gree, all of whont are favorable to th bill,
and It waa desired for the moral effect It
would have -on congressmen from other
atate In approving th bill. Thar waa op
position to hasty consideration of th bill,
but It waa read, After which the resolution
wa passed. .
Old Bald lera la Office.
A peculiar petition was presented In th
senate by Lewi of Page county, a petition
from J. P. Klnaey and others, asking th
passage ot a bill to require that aoldlera be
given a preference In appointment to pub
lic position where their qualifications art
th sum a civilian applicants, and making
It a misdemeanor, punishable by Impeach
ment ot -th public official violating th pro
visions of th law. . It was referred to the
commute on military. '
The bill for fen appropriation of $138,000
for th insane hospital at Cherokee passed
the senate, th first of the general appro
priation bills.
' tw Meaaare.
Among new bills Introduced were: Hub
bard and Head, bill to create department at
Insane hospital for dipsomaniacs, morphine
fiends and Inebriates; Mardls,- for aa addi
tional Judge In th Third Judicial district In
southern Iowa; Molsbery, to punish with
ten years' Imprisonment for advising mur
der; Graff, to prevent . us of trading
stamp; Dunham,1 new bill for compulsory
education; Crossley, to glv stat certifi
cate to graduate of th State university
and atate normal schools; Tallman, to re
quire railroad companies to poet bulletins
of arrival and departure of trains; Furry,
to make It possible to punish perjury by One
Instead of penitentiary aentenc.
A large number ot bills wer reported
back from committee a follow: BUI to
tax telegraph line along the Burlington to
the company, favorable; to legalise Dallas
county courthouse bond election, favorable;
to amend laws relating to Aspen Grove
cemetery, favorable; to repeal law requir
ing teaching ot vocal music, postponed; to
glv banks right to act as trustees, favor
able; abolishing day of grace, favorable;
fixing width of public highway at fifty feet,
instead of atxty-slx, tor postponement;
raising age limit at female Induatrial
school, favorable; authorising contract to
collect Iowa war claims. Tsvorable.
Th senate committee on way and mean
asked to glv hearing to President' Mac
Lean of th Stat university In favor ot
tb bill to Increaae the special tax levy to
double what it is now to provld building
fund for th university. . No action waa
Uken. .
'The houae committee heard th Board of
Control oa appropriations for stat Insti
tutions.
Tho house Judiciary committee decided
favorably oa the bill to destroy tha pros
snt tax ferret lav, alio the bill to reduce
Intereat on county warrants from t to 5 par
cent
The bouse committee decided on recom
mending for passage th appropriation for
tb lssas hospital at Cherokee.
apreasa C'aart Deelelaas.
The supreme court this morning decided
a case la which the- Bcstonlan Opera com
pany won a final victory over a 8loux City
lawyer bent on making trouble. There
were two cases arising from the baggage
man of th Bostonlana erroneously receiv
ing at Denver a few years ago two trunks
owned by a commercial traveler nsmed
Lawrence- Holmes. Ths trunks remained
In the private baggage car of the company
until Omaha wa reached, when on wa
found 4 sent back. At Sioux City th
other was found and atarted to its owner.
Holmea went to Sioux City and brought
actioc against Henry Clay Baroabee and
bis associates tor damage. Martin Nellaa
belug retained as attorney.- A settlement
as effected with Holmes, but afterward
Kettaa went en sad secured Judgment by
default for tJttr.- Nellsa filed an attorney's
Ilea on the Judgment and waited. Holmes
later .brought suit la Chicago and thla wss
settled. Whea th company got back to
Sioux City Nellaa tried to collect his Judg
ment and th company reeorted to an In
Junction, which wa granted. The supreme
court today decided against Nellan on tb
ground of Insufficiency of nolle In hi
original action.
Following ara th decisions filed today:
J. E. Harvey, appellant, against J. J.
Wielsnd; Csrroll county; Judge El wood ; re
versed.
Fort Dodge Electric Light and Power
Company against City of 'Fort Dodge, J. H.
Able, county -treasurer of Webster county,
fend Iowa National bank, Intervenor, appel
laota; Webster county; Judge WhltUker;
reversed.
Henry Clay Barnabee and W. H. MacDon-
aid, doing business as th Bostontan Opera
company, against Lawrenc Holme et al.
defendants, appellants, consolidated with
Hartla Nellan, appellant, against Henry
Clay Barnabee et al; Woodbury county;
Judge Gaynor; affirmed.
In th matter of th estate of Frank E.
Allen, deceased. Nancy Allea against Emma
G. Allen, executrix, appellant; Emmet
county; Judge 0.uarton; reversed.
W. O. Cowlea. appellant, against Chlcsro.
Rock! Island ft Pacific Railway Company;
Iowa county; JudgWade; affirmed.
Jessie Breeding against Klnsey Jordan et
al, appellants; Wappello county; Judg
Eichelberger; affirmed.
Caadeasa for tsallroad Purposes.
Th Iowa railroad commissioners today
filed aa order In th cas of th Chicago,
St Paul, Minneapolis As Omaha railroad
for condemnation of certain land la Sioux
City, granting tho order for th condemna
tion. The Omaha company desired a strip
from 400 to 600 feet wlda and nearly a
quarter of a mil long adjacent to ita
track In Sioux City and near the present
hop and rounhouae, the same to be used
for additional yards and Improvements. The
order wa resisted by th property own
ers, and the claim made that the Omaha
company ha no railroad line at that point,
becauco It use th Illinois Central tracks,
and also an attack was made on the legality
ot the organisation of the company. The
railroad commissioners overcame this ob
jection and decided that tha company should
have the right to condemn the land. It I
probable that an appeal will be Uken to th
court on the legal objection.
Faaltlv Broagat Back.
Sheriff Mattern arrived In the city this
morning with "Tip" Blaine, wanted her on
conviction of grand larceny. Blaine dug
out pf the Welser (Idaho) Jail one hour In
advene of the sheriff, but wa recaptured
at Huntington, a small town In Oregon,
twenty miles away. He gave the sheriff
little or no trouble an th return. Attorney
Layton called at the office of the clerk this
morning and attempted to arrange bonds
for Blaine. Judge Pr'outy, who heard the
case, refused to honor th request Blaine
will be sentenced tomorrow.'
FlarhtlaaT Smallpox.
Th mayor of Des Maine has appointed
three physicians to devote their entire time
to th car ot smallpox In Des Molnee. Th
council authorised th appointment of twen
ty-four physicians In this work, but thus
tar only thre hav beea employed. Th
number ot cases la the city Is constantly
increasing, but the city baa not adequate
hospital facilities fer all who should, b
cared for. ' ' '
State Acta oa Ssnallpos gltaatloa.
Th State Board of Health had fen Im
portant meeting today v and decided that
unless th city ot Des Molnss takss de
cisive step to suppress smallpox the state
bohrd will take ths matter In hand and en
force the ; regulations. Dr. Bpaulding of
Chicago reported unfavorably on th situa
tion hero, after e full Investigation, and to
day th Chicago Board of Health notified
th Iowa board that unless something more
1 don la De Moines Chicago will Insist
on fumigation of all malls from Des Molne
and tb Inspection of all trains from Iowa.
The atate board appointed a committee to
confer with tb governor and attorney gen-
ral to ascertain it th stat board ha
power to act where the local boards neglect
their duty. If It la decided that toe state
board can act, It will do o In De Moines,
where practically nothing ha been don to
prevent the spread of emallpox.
Th board also passed a resolution ask
ing tb postmaster general to require fell
mall agent and postmaster In Iowa to be
vaccinated. 'A delegation from Council
Bluffs appeared befor th board to Insist
that th board shall ask for legislation
placing en the counties th entire) cost ot
quarantine.
MEMORIAL TABLET FOR SCHOOL
Marbla Flgrmro Comsaasaaratlaa; First
. lastltatiea far arlavCeld
If orsaal. -
TYNDALU tV D-, Feb. 5. (Special.)
Th memorial tablet to be placed In tb
Springfield Normal school commemorating
tb first school la Dakota, located at Bon
Homme, la finished and ready for shipment.
Th committee placed tb order with a man
formerly of thla city, but now of Sioux
City.
Th tablet to six by four feet and three
Inches thick and Is made of Rutland Italian
marble. In th upper left-hand corner la
a eunken panel, thirty-three by twenty
Inches. Ia this psnel I carved log
sohoolhouse fifteen Inches long, twelve
Inches high snd twelve Inches wlds. In
th upper right-hand corner Is a psnel
thirty by seventeen lacbea, and In this
space are carved two spray of the golden
rod. Under thla panel ar ths words:
"From th First. School to tho Spring
field Normal. First Teacher, Emm Brad
ford. Scholars: John Bradford, Anna
Bradford, Mary McDanlel. Anns McDan
lels, George T. Rounds, George McDanlel.
Ira Brown. John Brown, Melissa Brown.
Delia Rounds."
This fllls'th right sid of the tablet. Un
der th log ehoolboue ta lowsr left cor
ner srs these words:
"Th First School Houss In the Terri
tory ot Dakota. Built la th Spring of A.
D. 1860 at th Village of Boa Homme, la
Bon Homme County. Builders: John S.
Lober, T. J. Tate, Joha Tollman, William
Young. W. W. Wartord. H. D. Stager."
Th tablet la attracting considerable at
tention tor Ma superior workmanship.
eta Dakota laearaaratlaas.
PIERRE. 8. D.. Feb. 6. (Special.) These
artlclea of incorporation have been filed:
Bymma-Powera company, Btoux Falls;
capital. 31u,uuo; incorporators, a. r . r Gag
man, W. F. Peary end Fred J. Powers.
Cnioa Iead and Zlnce company, Pierre;
capital. 3100,000; Incorporators, L. w. C'ruce,
James Henry and G. W. Banders.
Standard Development company, Pierre;
capital, 3100.GUO; incorporators, Charles R.
Barrett. R. M. J. Tallman, O. W. ganders,
Ed wsrd C. PhllUus fend Christian Anderson.
J. H. Munn A Co., Pierre: capital. ftlU.ono;
Incorporators. George R. Rodgers, Ueorge
F. Bister and Oacar Nelson.-
Parkston Mercantile company, Parkston;
capital, 3!00.(jO; Incorporators. John H.
Queal, George J. Fulterton and Thomas
Fullerton.
California Prospecting kilning company,
Huron; capital. 3ao.t0; Incorporators. Iewla
A. gtockley, Waldo J. Clark and Philip
Lawrence.
Uarnes-KIng Gold Mlnee company. Pierre;
capital, 32.3uO.uOO; Incorporator, Hush G.
Curran, Clarence C. Payne and Oscar Nel
son. -
Proa-re af Klkbara Esteaelea.
DEADWOOD, S. D., Feb. .(Special.)
Twenty dtya more will sss ths completion
of the grade oa the Elkhorn extension from
Dead wood to Lead, with ths sxceptlon af
When dainty, ladies
a trip
WOOL SOAP
goes too inside
the prip.
Um Swift's Pride Soao in the Laundry.
iwin & r;o.
tb heavy cut near Gayvlll. The con
tractor ara working on four big cuts where
the ' extension crosses McGovern bill, snd
these should b finished by February 20,
Including th surface work, ready to re
ceive the track. The cut at Gavvllle la In
th solid rock, and It I Impossible to hurry
this work, aa there I a mountain to mov.
which will tak probably thirty or forty
days. Th estimated cost ot th exten
sion Is $250,000. It ia three mile long.
Pyle Coatlaaee tha Sanaa.
HURON. 8. D., Feb. 6. (Special.) At
torney General Pyle to showing the effect
of tb long Illness, but there are no com
plications, and he Is doing a well as can
be expected. He rested comfortably through
tho night and today hla mind Is clear. It
to difficult for the patient to talk, but he
occasionally asks question. This Is the
ssventeenth day. He has lost . all stipe r-
Ouous flesh.
SHORT LINE TO COAL FIELDS
Prospective Extensions of laloa Pa
elno Will Make Qalck Haal
froas Mlaes.
KEMMERER. Wyo., Feb. 6. (Special.)
During a recent visit of President B"r' "'!
Chief Engineer Berry of the Union Paclflo
the country between Kemmerer and Evans
ton was gone over carefully, the officials
driving In wagons from the southern end of
the Wyoming A Western to Evanston. Their
visit ha added color to the report that the
Oregon Short line will this spring extend
the Wyoming A Western on to a connec
tion with the main line of the Union Pa
clflo ta the vicinity of Evanston. If thJ
extension ia built tb Wyoming A Western
would give the roads a short cut between
th western Wyoming coal fields and Utah
and Idaho distributing points. At present
the coal from Cumberland, Kemmerer and
Dlamondvlll 1 hauled north through Idaho
and back Into Utah, which 1 very expen
sive. It Is believed here that th cut-off
will be built not later than next summer.
Slak Well la Fossil Fields.
KEMMERER, Wyo.. Feb. 6. (Special.)
Th .Utah-Wyoming company I linking a
well . in- th fossil fields near here. Th
drill has' been running about a week and a
depth of 160 feet haa been attained. At a
depth of sixty -feet Indications ot oil wer
struck, and again at 130 feet.
Manager . F, A. Virtue of the company
sajy' th .Utah-Wyoming haa already spent
about $8,000 tor machinery and supplies, but
I' prepared, to spend an unlimited amount
ot money In order to demonstrate whether
or not oil exists In paying quantities in the
fossil field. He believes the coming sea
son will witness great activity In these
field and that upward of $200,000 will ba
spent In development work.
Duffy's Pure
Halt Whiskey
Th warld'i Nmoat Mcdklaal Whiskey.
NO FUSEL OIL.
Grip, Cough. Colds, Bronchitis,
Aathma, Consumption, Catarrh.
Malaria. Fwvers, Chill and Ds
papala, of whatever form, quickl
cured by taking Duffy's Pure Malt
Wblakcy. A Ublespoonful In a wine
glaa full of water three timea a day.
Gentlemen: I have had nervous dye
pepela for over ten years. I was so weak
I could hardly walk, and night after night
oould not Bleep. I was discouraged and 1
took my case In my own hands, saying
nothing to anyone, and began uaing Duffy s
ture Malt Whiskey. I have taken the third
ittle of tt. I have not been so well In
years as I am at the present time, and my
appetite la splendid. I feel I can never say
enough In pre Is of Duffy's Pure Malt
Whiskey. I take It In hot water nearly
every morning before breakfast. When I
started taking It I only weighed eeventy
2vo pounds and at present 1 weigh one
undred snd five pounds.
MARGUER1TB F. HERBERT,
Tonkers. N. T.
CAUTION Duff y' Pure Malt Whiskey
I cold In sealed bottles only. If offered
In bulk It la a fraud. Be sure you get the
genuine. It Is the only whiskey recoa-nlsed
by the government aa a medicine. All
druggists and grocers, or direct. 11.00 a
bottle. Medical booklet sent free. Duffy
Malt Whiskey Co., Rochester. N. T.
FREE Two game counters for whist,
euchra, etc.; send 4 cents In stamps ta
cover postage.
STRENGTHENS
SYSTEM
BODY
BRAIN
and NERVE
Et.
WORLD FAUiQUS MAR I AN I TONIC
Gives Appetite,
Produces Refreshing; Sleep,
A , Safeguard Against Mental
Disease.
' Dose A anaali wU f lata fall thre
lime day. -
114 by a Orgj-glftt. Rtfs' Sabitfiutct.
take
35.00 a mm
SPECIALIST
in
All Diseases ana
Disorders of Mei
10 years la Omaha
VARICOCELES..
HYDROCELE cured.
Method hew, wlthoni
Cdttlug. tt jt lose
of time. ,
CVDUII igenrdforllfeanathepolsoj
OI rnlUlO thoroughly cleansed from
the system. Soon every sign and aymptotn
olssppeara completely and forever. Ne
"11KK AKJNQ OUT" of th disease on th akin
or face. Treatment contalna o dangeroa
ornrs or Injurious medicine.
WEAK MEN from Excesses or Victim
ro NsHVors dcbujtt or FxnirsTiof,
WaSTIIIO WSAKKXKS With EARLY DSOAT la
Touno and Mikdi.s Aosd. lack of vim, rlgoi
and strength, with organs impaired and weak.
STRICTURE cured with a new Bom
Treatment. No pain, ro detention froia busl
nesa Kidney and Blvlriev Troubles.
Cemrltitlee free. Irsitmest fey MH.
Call on on or address 1 1 0 So. 14th St
Dr. Searle & Searles. (Mi. Jtsb.
Weak Nerves
People cannot help worrying when
their nerves are wesk. Thst feeling of
Isnsruor, dullness and eshaustion la
the tearful condition which often pre
cedes insanity. The power to work or
study diminishes snd despondency de
presses the mind night snd dsy.
If you sre suffering; the tortures of
Nervous Debility, there is no knowing
how soon yon msy decline to something
more horrible. But you csn set well
The youthful strength, buoysncy and
happiness can be restored by tb use of
Lf
They have cured thousands, and w
have so much confidence In them that
we give an iron clad guarantee with a
15.00 order.
Sent anvwflere In plstu packsge. SI M
per box, 6 boxes for J.i.00. Book free.
For sale by Kuhn A Co., Fuller Paint
Drug Co., Omaha: Dillon'a Drug atore
South Omaha, and Davla Drug Co., Counct
Bluffa. Ia.
DR. McGREW(Agi53)
SPECIALIST.
Diseases aad UUsiusrs u( atnai Oaly.
20 Yeara' Experience. IS Yeara la
Omaha.
lADIPflPCI C cured ' by a ' treatment
VAnlOUUtLt which la th QUICKEST,
safest and most natural that has yet been
discovered. No pain whatever, no cutting
and duos not Interfere wltn work or busi
ness. Treatment at office or at home and
a permanent cure guaranteed.
CVDUII IC and all Blood Diseases cured
irniUw for life. No ".BREAKING
OUT" on the skin or face or any external
appearances of the dlsnaae whatever. A
treatment that ia more successful and far
more satisfactory than the "Hot Springs"
treatment and at less than HALF TUB
COST. A cure that Is guaranteed to be
permanent tor life. . ,
llCU Oft n lines sos cured of nervous
UK Cn AUUUU debility, loss of vitality
i.u Mil unnatural weaknesses of ansa.
Stricture. Gleet, Kidney and Bladder Dis
eases, Hydrocele, cured uermanently.
CHAHUUS LOW. L 0t l-T.iTlOX KREK.
Treatment by mill. P. O. Boa 76.
Office over tlS 14th street, between Far
ram and Doug'a Sta.. OMAHA. NSB.
Tho
Lakevood
Hotel
In the
PINES of '
Southern
New
Jersey
Th Leading Hotu of lAktsvm.
LAKE WOOD, In th heart Of a bal
samic forest of pines. Is now a
world-renowned winter resort for
health and pleasure, and, The Lake
wood, Its principal and largast hotel.
Is a superbly equipped hostelry. In lux
urious accommodatloa for the oomfort,
convenience and ' entertainment of it
patrons not surpassed by any hotel In
America. The cuisine and service equal
those of the celebrated restaurant of
New York and Paris. .
At The l.akeweod sr Installed th
famous Hydrotherapeutlc (water curel
Baths of Prof. Charcot of Parle, and
Prof. Erb ot Heidelberg. Thle resort
haa the most liuprovod and perfect
apparatus for the treatment and car
of overwork, nervousness. Insomnia,
and allied complaints, by means ot
hydrotherapy and electricity, of any
hotel tn the world Thla department
la under the oar of th House rky
elclan.
JA3.H. BERRY, Minigsr.
Every Vercan
U latsrseud sn4 sfceoM ksew
about lbs bAsrral
MARVEL tohlrtaf tftty
TbsnswVwIaalSTitas. Jac-
e mm rnn. nesi sl.
m II I'MM
7
A.S . in.,).! h, a.
If h oannu supi'ir ths 7
nislkL,iitM
luurttad buok ll si'SS '
full pamf-viar, sitd rtlif' ts-
Room i: Times UW...J
RESULTS TELL
T. . -
TUE BEE WANT ADS
' PRODUCE RESULTS.
NM IBfMSt J
It
v,