THE OMAHA DAILY BEE: FRIDAY, FEBRUARY 7, 1902.
FOR CRIME AND P0VER1I
Jut Charities and Csmotisai Aisosistisi
ia Eewioa s.t Isatrio.
ATTACKS THE EXISTING JAIL SYSTEM
Lincoln Chief of Police Says the Prne
tire af ConSnlna Innocent and
Toagh Characters Together
, is a Dlsgrraee.
torlum was packed. Bo many requests
were made to repeat the entertainment
that the management hat arranged to bold
the hbi entertainment tonight.
BEATRICE, Neb.. Feb. (.(Special Tele
gram.) Tb firth annual conference of the
t ate Aaeoc'.atloo of Cbarltlea and Correc
tion! u begun here tbl afternoon at the
Centenary Metbodlet church. The meeting
was called to order by President B. Ben
jamin Andrews, chancellor of tbe State uni
versity. Mayor Noreross made an address
of welcome on behslf of the city. Re. W.
H. Kearns. pastor of the Flirt Presbyterian
church, mads a short speech on behalf of
the churches of the city, and then spoke at
some length upon the good being accom
plished by the churches and charitable In
stitutions throughout the country.
In the absence of Governor Savage, who
was to respond to Mayor Norcross, Chan
cellor Andrews took advantage of tbe op
portunlty to thank" the cnlsens and the
church people tor the welcome they had
received and, explained , briefly the good
work being accomplished by the charitable
institutions of the state. The chancellor
was followed by Hon. George A. Murphy
of Beatrice, who . addressed tbe conference
upon "Administration of County Charities.'
Tbs speaker dwelt principally upon the leg
' ttlatlon that might bo accomplished on be
half of charity, and his speech showed he
bsd made a study of his subject. His
speech will be printed by the association
for distribution.
Denounce Condition of Jails.
Chief of Police Hoagland of Lincoln had
for his subject "Jails and .Lock-Ups," say
ing the jails of the state were a disgrace
and with the present system of Jails the
Innocent and the tough characters were
confined together, which tends to make
criminals of many Innocent young men be
cause of there being no preference shown
between the worst erimlnsl and the tnno-
csnt ones, .and said the, penitentiaries of
the state were tar more preferable to the
Jails.
The session tonight consisted of music
and an address by Chancellor Andrews
upon "The Future of Charities and Correc
tions." Tbe address lasted three-quarters
of an hour and was listened to with rapt
attention by the large audience present.
Tbe speaker said the purposes of ths as
soclation ware fourfold;
"First, to disseminate Interest up and
clown the state on the subject of charity
and correction.
"Second, to rationalize charity as far as
possible to get people to give only when It
will do good, and not harm; not to dupli
cats charities nor te neglect needy cases
and to see tbst all charity as far as pos
slble Is administered In a friendly spirit
calculated tp unite both giver and receiver,
Instead of sepsratlng them.
"Third, to rationalise correction that Is
the Infliction .of severe penaltlea of one In
terest and another, getting rid of the Idea
of vengeance or retribution and convincing
criminals and ourselves that we deal with
them In love and not bate, seeking solely
and alone the public good.
"Fourth, L to. reform actual Institutions,
laws, ordinances and administrations
throughout the state in accordance with the
above principles.".
The session tomorrow will be held at the
Institute for Feeble Minded and the after
noon will fee devoted to an Inspection of the
same. -
GRAND ISLAND KNOWS MORSE
F. J. Coatea Issues Warningr Agalani
Mas Too Pre with His '
Checks.
GRAND . ISLAND. Neb.. Feb. . (Spe
clal.) F. J. Coates of the Koehler hotel
la sending announcements to the officers
of vartoua cities ststlng that one A. Morse,
purporting to be from. Washington, D. C.
and a geodetic surveyor, has been stopping
at bis hotel and has departed after having
secured checkbook, with "The Koehler'
printed on the checks, and Is passln
checks therefrom. One, la the amount of
125, arrived here today having been cashed
by ths First National bank at Fremont.
Morse Is described as being Ave feet seven
in height,' weight about 130 pounds, rather
dark complexion ed, face looking old be
yond bts years, dark hair, stubby mous
tache, writes a pretty, round, fine hsnd,
shading bts letters. The checks here' were
drawn on a bank with which Coates does
not do' business, and he la not a loser, but
bs is willing to make aome effort to pro-,
tect others, bene tbe postal cards..
WORMS ATTACK. FALL WHEAT
Destroy Many Plants, hat Are Cheeked
by Cold state Entomologies
Examines Theaa.
FARNAM, Nsb., Feb. (.(Special.) A
worm attacked the fall wheat which was
growing and destroyed considerable quan
tities of It Isst fall. The cold wave of
December stopped It for a short time and
then It recommenced and was only stopped
by the present severe spell. Some of these
worms were sent to the University of Ne
braska to Prof. Bruner for Information.
In reply to your favor of the t4th Inst.
will ear that the worms which you sent
provs to be a caterpillar somewhat closely
reieira to me tail army worm. l inin,
however, that the severe winter will do
much toward destroying these pests: at any
rate, ir you see various Kinds or euros in
your field do not disturb them, as they will
no doubt destroy large numbers of thess
worms.
They are so nesrly arown now that very
shortly after warm weather they will be
come fully so ana go into tne grouna oe-
lore aomg mum damage to mi nmui
grain. No cultivation method can be
rilnnteri that will ba of much use in de
stroying them unless soon after the ground
thaws In the spring you should go over the
neid witn a roller, in tnis manner you
might crush many of them. Yours very
truly. LAWRENCE BRUNER.
Acting State Entomologist.
KILLS HIS BABY BROTHER
SaveaYenr-Old Son af Hermans Goes-
is Plays with Father's
Gaa.
HUMBOLDT. Neb., Feb. . (Special.)
A tragedy happened thla forenoon at the
home of Hermann Gossman, a farmer living
several miles northwest of the city. The
farmer bsd prepared to drive out Into ths
field to procure some fodder and loaded a
shotgun to tsks along. Being cal'ed Into
another room for something bs left tho
losded gun In the kitchen, and during bis
absence his T-yesr-old son picked It up and
playfully pointed It at his 3-year-old
brother. The trigger was pulled and the
firearm exploded right In the face of the
youngster, blowing the entire top of bis
bead off and killing him Instantly.
Funeral services will be held at tbe bouse
at noon Friday, conducted by Rev. Mr,
Meyer of the German Methodist church of
this city.
OMAHA NATIONAL BANK CASE
1 1 prams Comrt IsU it Dswg for 5w
IrfsBSlt il HaTOD.
ARGUMENTS IN BARTIEY BIND MATTER
Caateatlea af Bishop fJoaaeam Af-
rated la Controversy Over St.
Andrew's Chareh Property
at Tecaanseh.
(From
LINCOLN,
Staff Correspondent.)
Feb. . (Bpeclal.) The su-
by the first.. That being true, the second
order cannot be said to operate as a dis
solution or modification of the first. It
follows that the district court properly
refused to Us the amount of a supersedeas
end that the writ prayed should be de
nied."
Raw Trial far James Leo.
The eourt reverses tbs decision of the
trial court by which James Leo was con
victed In Douglas eounty for robbery from
the person by putting In fesr and Intimi
dating ths person robbed. The opinion Is
by Judge Holcomb, who, in ths syllabus,
says:
"While It is ths right of the trial judge
to Interrogate witnesses when essentia to
the administration of Justice, yet the prac
tice of so dplng, except when absolutely
preme court announced thla afternoon thai I necessary, should be discouraged. The
st the request of Judge Sedgwick the ease I common law rule conferring arbitrary power
of the 8tate against ths Omaha National upon judges has been so rar m earned by
bank will be aet down for new argument tbe code as to greatly limit thla power,
at the first sitting in March. This action and in cass of Its abuss a reviewing court
la
taken upon tbe court's own motion and
for the reason that the personnel of the
court haa changed since tbe case was
taksn under consideration last year. Chief
Justice Nerval having retired and Judge court in Interrogating different witnesses
Sedgwick bsvlng become a new member.
At the last sitting. In January, ths court
wss asked by John L. Webster to order tbe
esse for new argument, but bis prayer was
In the nature of an Informal request and
was not officially acted upon.
The case Is the one which arose from
the defalcation of former Treasurer Bart'
ley and Is to recover $201,000 lost though
Bsrtley's transactions with the bank.
Case af Hartley Bondsmen.
The case of the State against the bonds
men of former Tressurer Bartley was ar
gued and aubmltted to Commissioners Old'
ham. Pound and Barnes this mornlns-.
Norrls Brown appeared for tbe state, while breaks?
the Interests of tbe bondsmen were pro
tected by General Cowtn, Frank T. Ran
som and Robert Ryan.
Bt. Andrew's Church Controversy.
In the esse of St. Andrew's church of
Tecumseh against Mlcbael Shaughnessy,
Michael Murphy and others, an action aris
ing In Johnson county from a controversy the adjournment of court this afternoon:
Farmers' laetltate at Tekasaah.
TEKAMAH. Neb., Feb. . (Special.)
The first day's session of the Farmers' In
stitute opened here today with a large at
tendance. The program opened with a
paper on "Agricultural Education," by L.
L. Young of Oakland, and waa followed by
Andy Struthera of Craig with a paper on
Corn Fodder," In which be gave bis ex
perience with cutting, shocking, shredding
and feeding corn fodder, and Its value as
feed. The sfternoon wss occupied by Prof.
E. V. Fonell's address on "Forage Crops."
Prof. Burnett gave an address on "Raising
and Feeding Cattle," which was followed by
an address by Chancellor Andrews of the
State university on "Free Land," which he
claimed was all gone, calling for more
thorough methods In farming. The chan
cellor's lecture drew much favorable com
ment. The farmera manifest much Interest,
In the Institute work and many questions
and discussions occur after each paper is
presented.
over the possession of church property.
the supreme court bss affirmed the de
clslon of the lower court, which was In
favor of the contsntions of Bishop Bona-
cum of Lincoln. Judge Sedgwick, In tbe
pinion, holds that upon appeal In an ac
tion In equity the supreme court must take
the evidence as it is In the record and
determine whether the decree appealed
from can be supported upon tbe pleadings
and evidence as taken In the lower court.
Further, Judge Sedgwick says: "A
minority of the members of a corporation
organised under the act of 1883. entitled
An act for the Incorporation of churches
and parlahes and religious societies,' have
no right to retain possession of the cor'
porate property as against tbe corporation
Itself for the purpose of compelling the
corporation to recognise their rights aa
members,
Tbe court states tbe esse ss follows:
'This action was begun In the diatrlet
court of Johnson county by the plaintiff.
St. Andrew's church of Tecumseh, to en
Join ths defendants from Intermeddling
with the church property and from hinder
leg the plaintiff church and the members
comprising the plaintiff corporation! in the
Condeaaaa Plattsmonth Coanell.
PLATTSMOUTH, Neb., Feb. . (Special.)
The meeting of the .Woman's Christian
Temperance union was bald at the borne of
Mrs. P. B. Ruffner, and notwithstanding the
frigid1 weatber the attendance was large.
"What Is Our Greatest NsedT" wss ths
title of a paper read by Mrs. C. E, Wescott,
making a touching appeal for the salvation
of the boys. This resolution wss adopted:
Whereas. The Woman's Christian Tem
perance union stsnds for the prohibition
of evil and aaslnst selling the prlvillge of
ruinlna- the characters, souls and bodies o
young men. .we hold that such things are
beyond price; therefore, be it
Resolved, That we as a union express
our earnest condemnation or the late ac
tlon of the city council, granting licenses
to houses cr 111 repute.
. York Maslcale Repeated.
YORK, Neb.. Feb. I. (Special.) A song
festival was given last evening at tbe Audi
torium by 150 voices, under the direction
of J. A. Parka, supported by an orchestra
of twenty-five .pieces,; directed by Rollln
Bond. Ths singers -were principally from
York and York county. Tbs large Audi-
A Medicine for
Old People.
Rev. Geo. Gay, Greenwich, Km, Is
past ej years 1 aVe, yet he aaysj 1
sa su)uying excellent health lor a man
oi my are, due entirely to the re)vvea
sting uilueaces of Dr. Miles' Nervine,
It bungs sleep and rest when nothing
else wul, sad gives stienth end vita
ity even to one oi my old age"
1 am aa old soldier." writes Mr. Geo.
Watoo.oi Newton, la-, "sad I have
been a great suderer irom nervousness,
vertigo aad spinal trouUe. Have spent
considerable money (or medicine and
doctors, but wita little benchL I was
so bad my mind showed iens of weak
ness. I began taking Dr. Miles' Nervine,
sad I know it saved ov Lie."
Nervine
Saved me from the insane asy
lum," Mrs. A. M. Heifaer, oi Jerieo
Spring, Mo, ernes. "1 was so nerv
ous liuU I could scarcely control my
seii, could aot sleep aor rest, would even
forget the names of my own children at
times. . I commence i using Dr. Miles'
Nervine and it helped me irom the
brat, and no a I am perfectly well"
eta Sy aU Druggists aa Guarantee.
Dr. Miles Medical Co., Elkhart, )nd.
Jury Aeanlta Teachers.
AUBURN, Neb., Feb. (. (8peclal.)
Judge Caldwell's court was crowded with
spectators on Mondsy and Tuesday at the
trial of two teachers for cruel'y whipping a
pupil. Tbe Jury found the teachera not
guilty.
Aged Farmer Takes to Asylana.
AUBURN. Neb.. Feb. . (Special.)
James Graham, an aged farmer from near
Brock,- has been adjudged Insane and was
taken to ths asylum yesterday.
VARIED SKIES IN NEBRASKA
Fair Weather Today, Cloody Tensor
row, with tho Thermometer
RIslasT.
WASHINGTON, Feb. (.Forecast:
For Nebraska, North Dakota and SouUi
Dakota Fair Friday; Saturday cloudy, with
rising temperature; northwest .winds, be
coming variable.
For Iowa Fair Friday and Saturday
northwesterly winds.
For Missouri Fair Friday and Saturday
colder Friday In east and south portions
west winds.
For Kansas Fair Friday and Saturday
colder Friday in south portion; north
winds.
For Wyoming Fair Frldsy. warmer In
southeast portion; Saturday fair; variable
winds.
Local Record.
OFFICE OF THP! WEATHER BUREAU,
OMAHA. Feb. . omclal record or tern
nrature and precipitation compared with
the corresponding day of the laat three
years:
190S. 1901. 1900. 1899.
Maximum temperature.... 19 2 46
Minimum temperature.... 14 10 :
Mean temperature M M
Precipitation CO .00 .00
Record of temperature and precipitation
at Omaha lor mis any ana since Marco i
11:
Normsl temperature
Denvit-nrv for the day 11
Total excess since March 1 t.ftH
Normal precipitation 03 Inc
Deficiency for the day U3 Inc
Total rainfall since March 1 24. M Inches
Deficiency since March 1 f .17 Inches
Dencltmcv for cor. period. ln 12 inch
Deficiency for cor. period, 1900... 4.92 inches
Heporta Irons Statioaa at T p. an
CONDITION OF THB
WEATHER.
Omaha, clear
Valentine, clear
North I'latte. clear ....
Cheyenne, clear
Salt Lake City, cloudy .
Rapid City, clear
HurMt clear
Wllli.-ton. cloudy
ChlcsiO. clear
fit I aula, clear
5- faul. partly cloudy
Davenport, clear
KansMS City, clear
Havre, clear'
Helena, cloudy
Humarck. cloudy
Galveeton. cloudy
'ill
nn
13 18 .00
.... 1 T
to W .00
26 3oj .01
4 41 .W
16 ti .00
12 .00
4 4 .01
n .04
36 T
g 101 T
12 T
20 8o .00
.... 12 .00
K 2t .00
si s; .m
U (4 .00
would aot besitats to give a new trial to
tbe Injured party.
'Held, as disclosed by tbs record, there
wss an abuse of discretion by the trial
during the trial of ths canes, which was
prejudicial to tho rights of the defendsnt.
"While a police officer was on the witness
stand In behslf of the prosecution the as
sistant prosecutor, after an objection to a
question propounded to the witness, stated
'I want to ahow that he (the witness) has
known blm (tbs accused) a long time, and
bsd him under observation for other jobs.'
And slso on ths cross-examination of the
accused, who testified as a witness In his
own behslf, asked blm: 'Have yon ever
been arrested before V 'Havs you ever
been convicted of a crime?' 'Isn't It
fact, Mr. Leo, that you have served time
la the penitentiary In tha state ' of Ne
"Held, there being no competent evidence
of any prior conviction of a felony, that
such action Is unwarranted and prejudl
cial to the defendant's substantial tights,
for which a new trial should be granted."
Oplnlona Delivered.
The following opinions were delivered at
Bolt against Anderson. Judgment of af
firmance heretofore rendered herein va
cated. Judgment of dlatrtot court reversed.
riHHiingB, j.
Pochlri against Knobel. Affirmed. Kirk'
pstrlck. C. '
Bt, Andrew s Church or Tecumsen against
tnauKhneeseiy (appeal . case). Amrmea.
Sedgwick, C.
Baker against Union stock Tarda Na
tional bank. Affirmed. . Pound, C.
Swift Co. against pielse. . Reversed
Hastings. C. '
Parr against Berqulst. Reversed. Hol
comb, J. . . , ,., .
McNaurhton aaalnst Burke. Affirmed.
Sullivan, C. J.
Hesselarrave aarainst . State. Reversed.
Williams against Parks. . Reversed. Hast
ings. C.
Bradbury against Kinney. Reversed,
with directions to enter decree In favor
of plaintiff for the amount of mortgage
and Interest from August L 1893. Hast
ings, u.
Lincoln against Janesch.
van. C. J. Holcomb. J,
Judgment of affirmance.
Hobbe against Warman.
Curiam.
Williams against Taylor.
comD, j.
Raymond against Shrlever
firmed. Holcomb, J.
Affirmed. 8ul
concuxrlng in
Affirmed. Per
Affirmed. Hoi-
Bros. AX-
i i
lift
IfXl V ii 'MM Nt Wl BBC kok
v? pi -if i mm iiri njmmm v
IS4
Thomssen against Halt County. Affirmed.
Kirkpatrlck. C.
Shaughneesey against St. . Andrew's
Church. Reversed and cause dismissed.
" . ' Bcda-wlck. C,
enjoyment, or toeir ngnis ana irsncois- count v of Hall aaalnst Thomssen:
firmed. Kirkpatrlck. C.
Cass County against Barpy County.
and from Interfering with the right of the
psstor of the church to use and occupy
the parsonage and to occupy the pulpit of
the church and from excluding tbe plain
tiff and the members of the plaintiff corpo
ration and communicants from tbe church
building and from Interfering with them In
celebrating divine worship In the church,
and to require tbo defendanta to surrender
to the plaintiff the key to the- parsonage
and church building and all other prop
erty of ths plaintiff In their possession.
with a general prayer for equitable relief.
Tbe answer admits that the defendants
Af-
Re-
versed. Ames. C
Leo asrainst State. Reversed. Holcomb.
J.
Providence Washington insurance Com
pany against Weston. Affirmed. Day, C.
Iowa Savings Bank sgalnst Frlnk. For
mer Judgment adhered to., Albert, C.
rratt againsr uaiiaway. Former judg
ment adhered to. Oldhem; O. Pound, C,
concurring In separate opinion, -,.
Magruaer against JUUiu. .Amrmea. Lui
fle, C. : ..
Stull against Stull. Former judgment
sdhered to. Oldham. C. Pound, C, con
curring In result, files separate opinion.-
Wlnterrlnger against Warder, Bushnell
Sl Qleesner Co. Former Judgment ad-
hold the property and . exclude plaintiff hered to. Pound. -C.
therefrom and attempta to Justify so do
ing. .There was a trial by the court and
general findings for the plaintiff and decree
granting the relief prayed. Tbe de
fendants appealed to this court and the
Judgment of ths lower court Is affirmed.;'
Concluding the court says: "The prop-
RtatM iralnit RlwimflAM fitatA PanV
Former Judgment adhered td. Oldham, C.
pouna, c, concurring in a separate opinion.
western Muren to. agmnsi rotter.
Former Judgment adhered to.
Boyd agatr
Patrick, C.
Pound. C.
nst George. Affirmed. Kirk-
AWAY WITH
BACKACHE
erty In question belongs to the corpora- Sedgwick, C
tlon and Is committed to Its custody and
control. Under the organization of tbts
church corporation tha appointment and
removal of lta local or parish priest is
committed to the bishop. The priest so
appointed la a member of the corporation
and, with tbe consent of a majority of tbs
members of tbe corporation. Is the author
ised representative of the Roman Catholic
church. Under the evidence In this rec
ord the Ave members of this corporation
Brown ngalnat Houghton. Affirmed. Kirk
patrlck. C.
tieraiitcnKa against roes. Amrmea.
Bourne asrainst O'Connor. Affirmed.
Kirkpatrlck, C.
Deerlng against Kohout. Affirmed. Duf
fle. C. ...
Marferding against Jones. Affirmed. Al
bert, C.
Fidelity and Casualty Co. against Field
A Brown. Affirmed. Pound. C.
Axthelna agHlnst Chicago. Rock Inland
sV Pacific Railway Co. Affirmed. Hast
ings, C.
Reed against Mott. Affirmed. Barnes, C.
Dartmouth Savings Bank against Foley.
Affirmed. Day. C.
People a BuildinaLoan and' Savings As-
Amrmoa. pound,
or a majority of them, are responsible for I soclation against Palmer,
the care and euatodv of the church nm.. 1
erty and Its use as contemplated In ac
cordance with the usagea of the Roman
Catholic church."
Ejectment Caao Dismissed
In an action In ejectment, arising from
the same controversy and begun by tbs
bishop, the Judgment of the district court
People's Building. Loan and Savings As
sociation against Welton. Affirmed. Pound,
C. t ,
People's Building. Loan and Savlnars As
sociation against Backus. Affirmed. Pound,
C. Oldham, C, concurring In separate
opinion.
People's Building, Loan and Savings As
soclation
against Cartfcker.
Pound, C.
Owens against sou in omana
Affirmed.
Reversed
im i b v sat ne-u auu luh cnuasa d latin asfi jnnaa i a imi iiiriminmu. n iiir-o, ,
Sedgwick as, commissioner writing ths I mand'ed WFcSJu'rt wf.h
opinion, tne coun noias inei an action in I directions to grant writ ot mandamus, as
ejectment cannot be maintained during ths I prayed. Ames, C. '
at . nrnr i ..i.- v. . Dodd against Bkelton. Affirmed. Duf-
tween tbe same parties. In which plaintiff
alleges that defendant wrongfully with
holds possession of ths sams property from
the' plaintiff, and asks to enjoin tbe de
fendant from excluding the plaintiff there
from. -
Telephone Company Loses.
Tbe court denies tbe application of the
Plattsmouth Telephone company for a writ
of mandamus to require Judge Fawcett to
fix the amount of a supersedess bond In
aa injunction suit arising from Its al
ly. C.
Duf
fle. C.
Cornell against Klme. Affirmed. Da
Finney against Gallop. Affirmed,
ne. is.
Northwestern College , against Shreck.
Affirmed. Hantings, C.
Loan and Trust Savings Bank against
Holcomb Bros. Affirmed. Day, C. Hol
comb. J., took no part in the decision.
Security Tnveetment Co. against Lot
trldge. Affirmed. Hsstlngs, C. '
Lombard against Pasusta. Affirmed.
Bsmes, C.
Livingston against Moors. Affirmed.
Pound. C.
Mockett against Boston Improvement
Co. Affirmed. Dsy, C.
State ex rel Piattsmoum teiepnone Co.
, That constant backachel Strikes you any time'Tis the ..first symptom'ot
Kidney Ills'comes in many forms Sudden twinges" of pain Slow 'exhaustive
aches Kidneys out of order, require relief.
Backache is a Kidney warning neglect the warning other troubles follow. .
Sick Kidneys cause bad bafcks
Bad back are weak and lame and aching.
Sick Kidneys cause weariness headaches dizziness Rheumatic pains and
nu merous other aches. '
fn
ii
ID
D
Cure every ill of the Kidneys and Bladder
Relieve the aching baclc and cure it.
Doan's Kidney Pills cure dangerous Urinary disorders Infrequent and too
frequent Urinary discharges Not a symptom in the Kidney calendar they do not
reach, down to the borderland of Diabetes, Dropsy, Bright's disease- The evidence
is home testimony. ,.
Omaha Proof:
tempt to extend its system into the city of against Fawcett. Writ denied. . Albert. C.
boutn umana. un an ex parte showing
ens of ths district judges Issued an order
restraining ths city of South- Omaha and
Its offlcsrs from Interfering with the plain
tiff In the transaction of Its business
either by cutting its wires, removing ts
nana for Third Regiment.
Brigadier General Barry and Colonels
Hayward and Archer, were In Lincoln to
day considering matters '-i-ilve to the Ne
braska National guard, r'ns for tbs or-
Instruments, arresting its smployes or t ,nl,aUon tor tnlrd 'eiment wera dls
snv other manner. Afterward A.f.nA.r.,. cusoed and all decided to give General
filed an answer and cross-petition, and the Co,br the,r hwt' '"PP0 move-
court entered an order allowing a tem
porary Injunction, substantially as prayed
In tho cross-petition. Tbe plaintiff, pro-
Indicates sero.
T indicates lrce of preclpltstlon.
A. V lIjSff,
Local JToreoaal UfflclaL
ceeding on tha theory that the aecond or
der Waa a dissolution or a modification of
tha first, then asked ths court to fix the
amount of a supersedeas bond, wbereby
the Injunction first issued would be kept In
full force and effect until the final hear
Ing of the cause. The request wss denied
In the trial court.
Ths eourt says: ."It Is conceded that If
the Injunction granted on the prayer of the
defendant dissolves or modifies that
granted on the prayer of the plaintiff, the
plaintiff, who Is ths relator la this pro
ceeding, is entitled to an order fixing the
amount of the bond required to keep l a
Injunction In full force and effect, pend
ing a final hearing in the diatrlet court,
and consequently that a peremptory writ
should Issus herein. We are enable to see
bow tbe second order operates In any de
gree as a dissolution or modification of
ths first. The first, as wsll as the sec
ond. Is purely prohibitive. It gives the
plaintiff no right to do any act It could
aot lawfully have dons without such or
der. Its sole purpose wss to restrain the
defendant from doing ' tbe acts tbsreln
specified. The restraint thereby Imposed
on the defendants bss been no less effective
sines ths Issuance of the second orfler
than It was before. The second order la
no degree relaxes tho restrain Imposed
ment.
Certlsleates for Fhysleiaaa.
Tha secretaries of ths Ststs Board ot
Health tonight concluded their monthly
meetings. Certificates were Issued to six
physicians and three osteopaths. Dr. T.
E. Fslrsll of Tecumseh. who was charged
some time ago with failure to report a
case of smallpox, wss exonerated, the evi
dence showing that ths physician did not
attend the cass aftsr ths eruptions ap
peared. Dr. C. W. Abel of Fullerton, whose
application for a llceoss wss held up at
the laat meeting, was given a certificate,
the secretaries having satisfied themselves
as to ths stsndtng of the college from
which be wss grsdusted.
For Aeaaaltlnar Stepdaughter.
The police were notified tonight ot the
srrest of P. Courssy Richards of this city
In St. Joseph, Mo. The man Is wantsd
here on a charge of assaulting his 12-year-old
stepdaughter. Ho attempted to com
mit suicide oa being arrested. Richards Is
well known la Lincoln, having conducted
an employment agency here for many years.
Hs disappeared Sunday night and It Is be
lieved started to join a friend In Oklahoma.
. A delegation of officials of ths Omaha
Building and Loan association called on
Secretary Royse el the stats banking board
tonight and asked him to tsks steps to
prevent the Home Purchasing company of
Omaha front continuing ths transaction of
Oak Street
Mrs. Alex Long, of 1913 Oak street aays:
"I bad kidney trouble for many years, suf
fered severely, wss annoyed a great deal
nights from too frequent action of the kid
ney secretions and had other ailments often
little understood but which arc caused by
disordered kidneys. I saw Doan's Kidney
Pills advertised and had my husband get
them for me at Kuhn Co's drug stors.
They did ms so much good that I continued
tbs treatment and after finishing two boxes
I felt like a different woman even at my
advanced age. I recommend Doan's Kid
ney Pills to every one at every opportu
nity for they are a reliable kidney remedy."
2.
No. 24th St.
Mr. George McKenxle of 1804 N. 24tb
street, says: "My back ached and symp
toms of some disturbance of tbe kidney
secretions existed. Procuring Doan's Kid
ney Pills at Kubn sV Co.'s drug store,
corner 16th and Douglas streets, I took a
courss of tbs treatment. A doss or two
relieved me, and finally ths annoyance
ceased. When Doan's Kidney Pills helped
a man of my age, they certainty can be
depended upon to bring speedy, assistance
"to those mors susceptible to .he action of
medicine." '
J
Get What You Ask For. Get DOAN'S
sell Doan's Kidney Pills and will ,
to an article they make more profit
y Fostcr-Mllburn Co., Buffalo. N.Y. Mift
Don't accept something "just as good." Most druggist
give you what you call for. Some may endeavor to substitute
on. Insist on having the genuine. Pried 50c. Manufactured by
business in this stats. It wss contended
by the visitors that tbs Home Purchasing
compsny is issuing a form ot investment
policy which Is contrary to law. Secretary
Royse will Investigate ths chsrges.
Team of Horses Frosen.
GRAND ISLAND. Neb.. Feb. .(Spe
cial.) Two borses. bitched to a wagon;
have been found froxen and dead in the
ice of Loup river. Tbe team belonged to
young men named Haggert snd Bridge, and
it was at first feared that the men were
drowned. It appears, however, that their
team got away from them while they srs
In St. Paul and had broks through the Ice
In crossing ths river.
Charged with Illegal Sato of.Llaaor.
PAWNEE CITY. Neb., Feb. (.(Special
Telegram.) Fred 8tucke was arrested here
last night- on a charge of selling liquor
without a license. He was admitted to ball
today In $300 and his preliminary bearing
aet for tomorrow.
Celebrate Uolden Weddlnif.
CENTRAL CITY, Neb.. Feb. . (Special.)
Mr. and Mrs. O. 8. Wolcott celebrated
their (olden wedding annlvert ary at tbs
residence of W.
Tucsdsy nlgbt.
-! fim
W. Wolcott In this city
Boy Sentenced to Reform School.
PAWNEE CITY. Neb.. Feb. . Special
Telegram,) Walter Pents, aged 15 years,
waa tried bars today and sentenced to a
term In the reform school on the charge of
Incorrigibility.
Dates for Aohara Chaataaaaa.
A17BUKN. Neb., Feb. .(Special.)
Manager Dundas announces August 1 to
24 as tbe dates for tbs Auburn Chautaaqua
for mi. .