Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 09, 1902, PART I, Page 3, Image 3
THE OMAHA DAILY BEE: SUNDAY, FEBRUARY 9, 1902. ' 3 PLEA OF MISSOURI PACIFIC Iritf ud Arginrat ttbmitted In Reply to Htbruka I tit. ADJUTANT COLBY URCtS MILITIA BILL Fasllahwomaa Declares British Gv erameat Ha Wronged Her Laa. raater Coaaty Teacher Meet. (Prom a Staff Correspondent.) 1 LINCOLN. Feb. 8. (tfaecltl.) Defend ant' brief- and argument on tbe plea of abatement In the case of the 8tate against the Missouri Pacific Railroad Company were filed In the aupreme court today. The suit was begun by the fusion attorney general to recover penalties for violation of the maximum freight rate law. The railroad company aeta forth the following reasons why It should not be held to answer: "Because the violation of the maximum freight rale law would be a misdemeanor; a criminal offense punishable by a fine, and under the constitution and laws of this tat this court Is not given original juris diction In criminal actions, hence this court baa no Jurisdiction of the subject mat ter of this action and no authority to try, bear or determine the Issues . therein. "Because the plaintiff seeks to recover In this action upon nineteen separate causes of action, based upon nineteen claimed separate violation . of the maxi mum freight rate law, denominating and constituting each separate shipment a vio lation and cause of action, when at most all matter alleged In plaintiff's petition could constitute In law but on violation subjecting defendant to but one' penalty. "because there Is another action pending between the parlies hereto. In the district court of Saline county, Nebraska, which court has jurisdiction of the subject mat ter of thla action, and In which action plain tiff herein claims the right to recover for the same violations of the said maximum freight rate law. That is to say In said lotion so pending In the district court of Saline county the plaintiff demands recov ery for the first, second, third, fourth and up to and Including the tenth violations of aid maximum freight rate law, although such violations are alleged to have oc lurred at different places and on prior dates lo those alleged In the petition filed herein." State Sues for f435,(MM. Th petition of the state is to. recover 435,000 for the alleged violations of the let. The atate insist that every exaction of freight rates In excess of the rates pre- ...... v .u-5- - ieno ..l.t. l ind of Itself a separate and distinct of fense, and that the state can recover a fine tor each freight rate exacted In excess of the maximum rate prescribed by that act The defendant contend that in any event the nineteen violations could constitute but one offense which would be a violation of the entire act and hence creates but a sin tie offense. In other words, the company Insist that It is no greater crime to vio late every item In the schedule than it Is to violate one item, and that If this court had jurisdiction of the subject matter but one fine could be Imposed If the defendant was adjudged guilty of all the charges con tained In the petition, and the fine would be regulated by the amount fixed for the first Violation of the law. . . Urge ilia Militia Bill. Adjutaqt General Colby is sending th following communication to officers of the Nebraska National Guard, urging them to support the bill recently recommended by the National Guard association of America, for passage by congress: "Your altentloa ' la called to house roll 9973, 'A bill to Increase the efficiency of th militia,' Introduced In congress by President Dick, at the request of ihe In terstate National Guard association. This ' bill is of great Importance to the National Guard. It accords federal recognition to the troops of the several states and re. serves for them a first place In the volun teer aimy, in case of war. It provides for the Immediate exchange of Sprlng .' field rifles In the hands of the National Guard for magazine rifles, ammunition and equipments. "It Is essential to the success of the bill that the members of congress be In formed of the general sentiment of the country thereon. You are requested to carefully examine the bill with your offt 'cers and men and It It meets with your approval, to at once communicate your view In the strongest terms, to the rep resentative of your district in congres and "to the two United States, senator from 'your state, urging them to support the .bill and procure Us passage. Please act with promptness." Supreme Coart List. Th' following cases have been "assigned for bearing at the next sitting of the su preme court, which begins , February 18: Leigh c gainst Green, Knox; Dey against Berqulst, Dawson;. Gonsales-Mandelbajm cided or weak up from LI helpT Experiment la artificial digestion show clearly to the sclentlflo Investigator that coffee arrests digestion, and according to on authority, allow only (1 per cent ot the food ta be dl- .v"r gested. That strike Failure in digestion means lack ot good starve centers. As th nerve control th understand that a disorganised nervous body. Therefore, a removal of the cauae ful assistant to nature Is Postum Cereal phates, gluten, etc., from which nature Postum aid digestion without drugging, and furnishes a concentrated liquid food a well aa a most delicious morning Coffee. If th reader has ever failed to make to allow It to boll 15 mlnutee after boiling must be so bellied to extract taste, color tU Creek. Mich. Co. aralnst Brogharner, Dswes; Hubenka against Vach, Cuming; Mortnsnn against Herat l.old, Cuming; Omaha National bank gal nut Banders, Douglas; Andrews against Steele City, Jefferson; Paeon against Dawes county, Dawes; Koyal Neighbors of America against Wallace, Dodge; Stllilngs against Van Alsttne, Douglas; Carter against Warner, Boone; Continental National bank of Chicago against Levy, Douglas; Wright against Patrick, Douglas; Bmlth against Crummer, Douglas; Omaha against Doty, Douglas; Moore sgalnxt Moran, Keith; Garrison against Murphy, Cass; State ex rel. Free man against Scheve, Gage; Collins against Brown, Lancaster; Kingman , Implement company against Strong, Johnson; North wall Co. against Strong, Johnson; Chicago, St. Paul, Minneapolis & Omaha Railway company against Schuklt, Cjmlng; Citi zens' Bank ot Humphrey against From hols. Platte; Fay against Chicago, Bur lington Qiilncy Railway company, Sher idan; Moore against Jacobs, Custer; State ex rel Nightingale against School district No. 24 of Hhtrman county, Sherman; Moore a gnlriat .Simmering, Adams; Feilno against Newcomb Lumber company, Douglas; Pe terboro Savings bank against Johnson, Douglas; Mercantile Co-Operatlve bank against Shaaf, Lancaster; Stanshury against Storer at Ellis. Nuckolls; Babby against Musser, Sheridan: Schoenhofen against Whipple, Douglas; Douglas county agalnet Moores, Douglas; Haines against Bellinger, Buffalo; Dasnoch against Jas noch, Howard; Omaha L. A T. company against Walens, Douglas; Heater against Penrod, Lancaster; Merchant against Bau melster, Douglas; First National bank of Plattsmouth against Peterson, Case; How ard against Raymers, Hamilton; Bokhoof against Stewart, Holt; Lauronson against leterson, Phelps; Globe Savings Bank against National Bank of Commerce of New London, Conn., Douglaa; Patterson against State ex rel. Dusenbery, Nuckolls; Ogden against State. Douglas: State ex rel. Cobb against PRwratt. mandamus: Spears against State, Holt; Morgan against oime, uioe; morgan against State, Otoe. Mr. Dewey Aa-alnat the British. Mrs. Flnlay Dewey, a faahlonably dressed Englishwoman, who says she waa unlaw fully Imprisoned by British agent in ths Klondike country, was discharged from do lice court this morning, after a trial on the charge of begging and soliciting alms. Mr. Dewey admitted that she bad asked people for financial aid, but said she waa trying to raise funds with which to prosecute the urnisn government for damage sustained She nroditreil m lMi fMm - & mt.. - official in Alaska, saying that she had been detained In custody across the British line.' Mrs. Dewey gave her age a 62 and her occupation a, lecturer. She 'ha aDDeared in puoiic as a lecturer on numerous oc caaions and her subject invariably ha been the wrongs alleged to have been perpetrated Dy ner countrymen. Phyalclaa'a Evidence Against Him. P. Coursey Richards, th man arrested In St. Joseph last Thursday for assaulting his 12-year-old stepdaughter, Marie Mag- aanx, was Drought before Justice Wester man this afternoon for preliminary trial. mm nearing was set for next Thursday aft ernoon at 1:30. Richard Insist that he is Innocent. He declare that his wife ha a vlclou temper and ha falsely accused him with a view to Injuring bis reputation. On the other hand there hi testimony of a pnysician, against Richards. The defendant Is a well known Grand Army man and. for many year has been prominent In Lincoln municipal affair. He conducted an employment agency on North Tentn street. Lancaster County Teacher. The fourth meeting for the year of the Lancaster County Teachers' association waa held today In the county superintend ent's office. The following program was given: "How the Plant Lives," (Bailey, Chap. VIII). paper, Miss Laura Capron; discussion led by Mis Floy Tremalne. "The Cultivation of Aetlv Attention." (Hinsdale, Chap. XVI), paper. Mis Kata Woodward; discussion led by Mis Marl Faulhaber. "Th Imagination and It Cul ture," (Halleck, Chap. VII), paper, Ml Lizzie Dare; discussion led by Mr. Paul Maple. "Rural School Grounds," (a) The plan of the place; (b) Sod making; (c) Kind of plants for main planting; (d) Kinds of plants for decoration; (e) How to plant trees; (f) What trees to plant; (g) Preparation of ground for planting; (h) Trimming; (t) Protection tor tree; (j) Planting of shrubery; (k) General care of grounds. (The above sub-heading are suggestive topics to consider under the general heading, "Rural School Grounds.") Paper, MIsa Mao Akeson; dis cussion led by Miss Eva Bothwell. In the afternoon President W. A. Clark of the state normal addressed the teacher. Vocal solo were given by Mis Lillian Dobbs and Mrs. F. M. Rector. New Incorporations. Articles of Incorporation of the State Co operative association of Wymore were recorded In the secretary ot state's office today. The company Is capitalized for $5,000 and It incorporator are: E. N. Kauffnian, E. N. Roush and J. R. Jackson. It propose to conduct a general real estate and loan business. ' The Kostka Glass & Paint company ot Lincoln haa filed articles of Incorporation. Its capital stock 1 $10,000 and It. Incor porator arc: B. O. Kostka, Edmund Gaschbarger and Oscar Junge. The Parsons-Rich company of Newton, la., has. incorporated under the law of Nebraska. Its stock 1 $25,000 and It In The " Cof f ee-Ncver-Hurt-Me" People. Some famous brain worker have made a welcome discovery along the Itne of recovery of health ay the proper selection of food. Several wer of the "Cof-fer-nevar-hurt me" kind. but. as an experiment, tried leaving It off ten daya, and th us of Postum Cereal Food Coff.e In Its place. A definite and de improvement In health 1 practically certain to attend such a change. Look carefully Into the state of health of the in dividual who know that "coffee don't hurt me," and you are almost sur to find some form of physical all or functional dl.turbanc, . perhapa maddy complexion. eyes. Incipient heart failure, kidoey trouble, liver or bowel disorder, or some form' of weakness that shows pallnly enough by the cry for relief ent some organ of the body. at th very keystoa to th arch ef health. blood, and therefor a lack of food tor th organ of th entire body, on can readily system may show .Sect la any part of th will allow nature to right herself. A power Food Coffeo, composed of the albumen, phos build la th delicate tissue of th nerve. Poetum satiafactorily. it will be found that commences, will solve the problem, a It and food value. Postum Cereal Co., Ltd., corporator are: G. W. Parson and F. . Rich. Th company sell a automatic feeder. FREMONT AERIE OF EAGLES Oaiaha aad Soath Omaha Meaafcers Participate la Oraalslaar Sew Body. FREMONT, Neb.. Feb. (.(Special.) An aerie of the Eagle was organised her last venlng at th Masonic hall with flfty-flv applicants for charter membership. A spe cial car attached to the Omaha train brought up forty from Omaha and South Omaha, and there were others present from Lincoln and other point. Th Omaha con- full paraphernalia, and the work, which was under the direction of A. S. Ritchie. omah. and Seta t. coi. district deputy president, was put cn m good shape. Lat 111 ttlat aivanln aw aknur wtamha at I HI. Henry' minstrel troupe, who wer at th Love this evening and are members I or me order, cam over to help thing along. Thing wer lively before that, but their arrival and participation In th ex ercises gave additional lest to th occa sion. A lunch was served, vocal selection and sketches wer given by the members of th Henry troupe and other who wer ealled oa to say something. LOSES WIFE AND CHILDREN! Railroad Maa Make Chan are aid Be come Separated Iran Family. PLATTRMntTTw v.k p-k a.n.i.M V. R. Scoggan, a railroad man. who for- merly lived In this city, but who haa been living with hi wife and two children ta Pueblo, Col., for aeveral years, returned some time ago and ha been working for the Chicago, Burlington ft Quincy railroad company at Pacific Junction. He left his wife and children In Pueblo, and after waiting some time at last re ceived a letter from a friend of his wife. stating that the wife and children had gone to St. Joseph, Mo., where she was working In a hotel. He at once took his time and went to St. Joseph, but even with the aid of the police force, was unable to locate his wife or children. He ha secured a po sition In the local railroad yards there and will endeavor to find his lost family. ATTACKS BOY WITH RAZOR Dlagalaed Man Assaults Roy Ccroggs at Beatrice and . Cat Deep Gash la HI Aras. BEATRICE, Neb.. Feb. 8. (Special Tel egram.) While on hi way horn last night about 8 o'clock Roy Sctoggs, 13 year old. wa pounced Upon by a large man, well disguised from Identity, and was cut on the arm with a raxor. The wound 1 three Inches long In the fleshy part of the fore arm. Fortunately the gash was not deep, and the youth, who I large for hi years, succeeded In escaping. The attack was made In a secluded spot near the Sixth street bridge, which crosses the Blue river. The assailant sprang from behind a large billboard. It Is thought the assault was Intended for another as no motive for the assault .on the boM. evident. The boy wa very nervous last night, but the wound Is today in good con dttlon. WOMAN KIDNAPS HER SON Widow Marries Aarala an Take Boy Whs .Wa Adopted r HI Asst. aap ' PLATTSMOUTH, Neb., Feb. 8. (Special Telegram.) David Sampson .died about three month ago and hi 1-year-old son v. as adopted by his sister, Mrs. Val Burkel, and her husband. Three week later the widow married Bert Crlssman. Today, ac companied by her father, she went to the home of Mr. Burkel and took the child. Habeas corpus proceedings were at once Instituted and Sheriff McBride took posses sion of the child and gave him to his adopted parents, tor safe keeping until the case Is heard before County Judge Douglas Monday. All the parties live In Plattsmouth. BRAMAN ARRESTED At ALBION Saloonkeeper Who I'sed Compaatoa as Tarcet la Located la Boos Coanty. GERINQ, Neb., Feb. 8. (Special.) About two weeks ago Charles Braman, bartender about 42 years of age and leaves a wife. In the Armstrong saloon at Scotts Bluff, He lived for many years at this place, used Albert Kelly as a practice target to being employed as foreman of a Union Pa tee how close he could come to him with- ciflc bridge gang, and later conducted th out hitting him. after which sport Kelly Meridian hotel until four years ago, when found himself minus a couple of fingers, and Braman (truck out for the sand bills, taking with -nlm th .urplus cash In th. I money drawer. Two complaint were filed against him and he has now been arrested at Albion, Boone county, where Sheriff Camp - bell has gone to bring him back for trial. WIDOWS MONEY DISAPPEARS Sell Faraa a ad Deposit Proceed la Tla Caa, Which I .' Itolea. ODELL, Neb., Fab. 8. (Special.) Mr. Scrable, a Bohemian widow, who, lives near Odell, wa robbed or 12,700. Eh sola ner farm north of her some time ago and a she had no reliance In bank, deposited th proceed la a tin can, which sh se creted under th floor of her poultry houae. Testerday morning, being out ot change he went to get some money from the can. when to her surprise sh found that some one bad removed th entire amount. Foar Wnl Polat Weddlags. WEST POINT, Neb., Feb. 8. (Special.) Joseph Scharfen and Mia Mary Kaup war married la St. Anthony' church, St. Charles township, by Rev. Father Friege, assistant priest of the parish. The groom la son of Frank Scharfen. an old aettier. and the bride Is sister of Councilman Kaup. John Rodlck and Miss Anna Gerdes of this city wer married at th office . of County Judge S. 8. Krak yesterday. John Blttenhausen and Miss Malvlna Lehnert were married by Rev. William Harms, paator of th German Lutheran church at Cummlnsvllle. They will live on their farm northeast of th city. Rev. A. R. B. Oelschlaeger, pastor of 8t. Paul's German Lutheran church, married Peter J. Jurgensen and Miss Louisa Hauck Wednesday. They will live on th farm of County Treasurer Fred Meyer. Charged with Bteallaa; Bras. OERING. Neb., Feb. .(Special.) Al bert Darrah Is held In the county jail under $600 bond to th a.xt term ot district court on a complaint charging him with stealing bras from th Burlington Railroad company. He was located In' Colorado and a requisition was secured under which h was returned to this county, and given a preliminary hearing before Judge Dela matter. Freaaaat Galdea Weddlaa;. FREMONT, Neb.. Feb. 8. (Special.) Mr. and Mrs. Spangler Brugh ot this city celebrated their golden wedding anniver sary last evening. Thirty relatives sur prised them by calling upon them early la first Showing in Wash Goods Omflhn mnut ptpIubivp ml- lection of Spring Wash Goods 8 n0w On display. Stjle8 and ideas are different from those generally shown, and are sure 7 attract the attention of WO men who desire . the choicest and best. NEW SEERSUCKER GINGHAMS in all th new design and color, larva assort. meat, 12 He yard. NBW SCOTCH AND FLAMBEAU DIMI TIES also Rally Batistes In all the .r latest styles, lEo yard. NEW EMBROIDERED TISSUES Com prising all the sew waives In embroidered figures and stripes, absolutely fast colors, 25o yard. NEW CREPE DE LTONS-Thls fabric. how" tB Ms-best efficiency ef the printer art. colored brocaded stiines being al ternated with Imitation lac designs, 25o yard. NEW MADRAS We are showing an ex clusive line of shirt waist madras, styles are different from anything heretofore shown, 25c yard. NEW 8HIRT WAIST AND SUITING PIQUE Also madras and cheviots, every stylo exclusive and controlled by us only. Prices l&c, 20c, 80c, 35c, 45c, EOo and 60c yard. NEW FANTAISIB SILK TISSUE This is a shirt waist fabric ot medium weight combining the styles and lustrous qualities ot silk, S9c yard. Closing Out Balance of Blankets If It were not for violating a prin ciple of this store we would store these away until next season and get almost twice as much a w are now asking. $4.60 Blanket at $2.79. $5.50 Blanket at $3.60. $6.50 Blankets at $4.60. $9.60 Blankets at $6.60. $11.00 Blankets at $7.89. FIFTY PER CENT FIFTY PER CENT FIFTY PER CENT Our Discount Sale on women's and children's long coats, raglans and jackets to be con- tinued until every garment is sold at 50 per cent discount. Just half price for any garment we may have in stock. 20 per cent discount on women s and children s per cent discount on mens and boys' winter underwear. Corner th evening. They were married at Hart ford, Ind., February 7, 1852, and cam to Nebraska In 1859. Mr. Brugh, until the Union Pacific railroad was built, was en- gagea in me ireigauug uubiuci. wmini the Missouri river and Denver. At the celebration Mrs. C. Coddlngton read aa original poem, which reviewed the life ot the couple. They have four children, Jacob Brugh of Beatrice, Melvln Brugh, Mr. Mary Schneider and Edna Brugh of Den- ve, and a number ot granacnuaren. Mrs. Schneider was the only one ot their chil dren present. Burial ot James C. Lanktree. COLUMBUS, Neb., Feb. 8. (Special.) The body of Jame C Lanktree, who died Wednesday in an Omaha hospital, arrived hera at noon today and the burial took place at once. Rev. D. J. Becker of the Presbyterian church conducted a brief service at the grave. Mr. Lanktree wa I he moved to Oenoa. I . : WAHOO, Neb., Feb. 8. (Special.) Mr. I and Mr. E. W. Martin celebrated their 1 golden wedding in this city this evening. Their friends. In large numbers, met at the home of Mr. and Mrs. Martin, after which all wer invited to the elegant new horn ot Attorney O. W. Simpson, where a most delightful evening wa spent, refresh ments served and presents. Including 850 In gold,, wer presented to th couple. Th affair bad all been arranged beforehand and was a complete surprise to th couple. Heavy Is.w at Treatoa. TRENTON. Neb.. Feb. 8. (Special Tele gram.) Two weeks of cold and windy weather Is followed with heavy snow. Snow ha been falling lightly all day. Tonight th storm has Increased and the ground Is covered with about two inches of wet saow. Th prospect is for ths heaviest snow of the season. laryy Mast Pay Part for Bridge. PAPILLION, Neb., Feb. 8. (Special.) The cas In the supreme court at Lincoln entitled Cass County against Sarpy County, whlch.was reversed, haa caused considerable comment her, a tt compel Sarpy county to assist In maintaining th wagon bridge over th Piatt river at Louisville, Neb. Waheo Editor Haa Apoplexy. WAHOO. Neb., Feb. 8. (Special. ) John F. Sherman, editor of the Democrat of this city, is In a critical condition. Early Thuraday morning ha wa stricken with apoplexy. The result cannot yet be determined, although the Indications ar slightly favorable. Girl Saeeamb to lajarle. COLUMBUS, Neb.. Feb. 8. (Special.) Mlas Edith, 14-year-old daughter ot George Emerson of Monroe, died yesterday, after an illnesa of several months, starting from an accidental Injury. Mr. S. B. March. KEARNEY. Neb.. Feb. 8. (Special Telo- gram.) Mrs. 8. B. Murch, mother of C. A. Murch ot this city, died tonight. She was 83 years of age. aaallpas la Sarpy. PAPILLION, Neb., Feb. 8. (Special) Sarpy county has twenty-two case of small pox, but Papllllon has thus far eacaped without a case. Mora gaaw at Ueaeva. GENEVA, Neb., Feb. 8. (Special.) Mor ciow fell last night, drifting considerably. There has been a week of good sleighing. New Black Dress Goods New arrivals in fashionable spring dress fabrics to which we invite special attention and comparison. 48-inch all wool imported nun's veiling, 75c, ?l and 1.25. 46-inch silk and wool Aeoline, 11.50 and fl.65. 46-inch iron frame Grenadine f 1.00, fl.25, 1.50. Silk striped Grenadines, (wool) 4G-in. 1.25, $1.75, $2.50. Wool and Mohair Etamines, 45-inch wide, at $1.00, $1.25, $1.75, $2.00. Bilk striped Etamines that will be popular this coming season, 45-inch, at $1.00, $1.25 and $1.50 yard. 44-inch Mohair Brilliantine, fancy stripe, 45-inch wide, $1 and $1.25. Sicilian Cloth, very good for separate skirts, 58-inch wide, at $1.00, $1.50, $1.75. Fancy dress patterns of the prettiest weaves for 1902. Suit able for street or reception gowns, at $20.00, $22.50, $25.00 and $30.00. New Arrivals in laces, veilings, embroideries, ribbons and novelties in dress trimmings will be placed on b' our counters Monday morning. Farnam and Fifteenth MINING IN THE BLACK HILLS New QirUn fer Stat fobl tt Bapii City At ComplsUl. NJT RUCTION IN THE CYANIDE PROCESS Method of Redaclaa; Ore Prlaetpally Employed by Operator la Boath Dakota Receives Especial At tentloa at the Laboratory. RAPID CITY. S. D., Feb. I. (Special.) The new building at th 'South Dakota stat school of mine her I completed, and will be ready tor occupancy as soon as th furniture can b put In. It will be available this month and the school will then be In splendid condition for business. The new building will contain an office. lecture room, chemical and physical la boratories and mechanical drawing room. It will more than double the capacity, and students will be afforded numerous ac- J commodatlons tbat they do not have at present. The school now haa thro well equipped buildings, and one ot the best metallurgical laboratories in th United State. , . The institution baa a thoroughly compe tent faculty. Robert L. Slagle 1 president and professor of chemistry. He 1 a grad uate -of Lafayette college and John Hop kin university. Charles H. Fulton, pro fessor of mining and metallurgy. Is a grad uate of Columbia School of Mine. Cleo- phas O'Hara, professor of mineralogy and geology, has diploma from Cartbag col lege and John Hopkins university. Howard L. McLaury, professor of mathe matics. Is a graduate of Oberlln coll.g and Harvard university. Mark Ihle, Jr., pro fessor of surveying and mechanical draw ing, graduated from the Colorado school of mines. C. C. Thompson Is assistant In the chemical laboratory, and Charles H. Crawford Is assistant In th assay labora tory. Make Baeelalty of Cyaald Process. Th school make a specialty of th metallurgy of gold, emphasizing the cyanide process. This Is of particular Importance In view of the extensive use tbat la being mad of cyanide in the reduction of, ores in th Black Hills, and there 1 a great and growing demand at th cyanide plant of th Black Hills section for graduates of th school. Two bulletin are now In th hand of th printer, on on th cyanide process as car ried out tn the Black Hills, and th other on Black Hill mineral of economic value. The attendance at th school I greater than It ha ever been before. Students are enrolled from New York, Ohio, Tennessee, Illinois, Minnesota, Ne braska, Colorado and Utah. Th proximity of th school to th new 500-ton smelter being erected by the National Smelting company, offers unusual opportunity for practical experience. For th first time In It career the school 1 receiving adequate support from the stat, and It is In a fair way to fulfill th purpose for which It was intended. SAYS MEASURES ARE LEGAL Jada Claim Bills Visaed by Gav. rraar aad Deposited by Btate iee retarr Ar Caastltatlaaal. CASPER, Wyo., Feb. 8. (8pclal Tlo- gram.) Th journal of th laat legislature fall ta not th fact that th speaker ot th lower house signed th bills enacted, New Silks New Tidings of New Fab rics With Important Arrivals Every Day Foulards will be even mora popular this, than last year. Th new tint and th new brocade effect are . something to talk about. Finest satin twilled foulards, 14-Inch and 17-inch, 76e. FINEST BROCHE AND ILLUMINATED FOULARDS 24-Inch, 6o, $100 and $1.36. High class novelty silks la Loulstne, Em press crepe. Imperial and many other weaves, a magnificent g tsarina; ef great values. In all th sew shade at 78c and We. Colored Crepe Crepe da chine, all color Including black and white, $1.16 quality, tor $1.00 yard. Satin crepe meteors, $1.75. , Whit and cream peau de cygne, loulaln and satin duchesse, extra value, $1.00. New Grenadines In plnappl tissues, Iron frame and Mex ican meshes, stripes, checks, figures and brocade, 44-lnche wide, $1.00 up to $6.00 yard. Japanese Wash Silks Finest quality Japanese corded wash silks Including white. All colors, all styles, 49c. Taffeta 27-Inch washable taffeta., the kind that wears, In cream, whit and all th latest shades, at $1,00 yard. 19-inch washable taffeta, all shades, tt 76c. 36- lnch black taffeta, $1.25, $1.60, $1.70. warranted. . 27-Inch black taffeta, warranted, $1.15. 37- Inch black taffeta, reliable, 85c. 14-inch black taffeta, guaranteed, $1.35. 24-Inch black taffeta, guaranteed, $1.00. 22-inch black taffeta, guaranteed, 75c and 85c. 22-lnch black taffeta, reliable, 65c. Our new Faon Velvet Is a record breaker In quality and shades, price $1.75 yard. ' The questlpn wa heard today in the Wood ward case aa to the regularity of th pres ent term of court. Judge Bramel decided that when a bill wa signed by the governor and deposited with the secretary of state the constitu tion, had been complied with. In accordance with Judge Bramel' ruling there will be no gambling In the stat after February 22. It Is the most Important de cision ever rendered her on account ot the bitter fight over licensed gambling. FIVE - INDIANS INDICTED Red Mea Charged with Varloa ' Crime by th Grand Jary. DEADWOOD, S. D., Feb. 8. (Special.) Th United 8tates grand jury. In session in Deadwood, has returned indictments agsinst five Indians from Pine Ridge and Rosebud reservations. Frank Frog and John Eagle Dog were Indicted for grand larceny. They were arraigned and pleaded not guilty. Frank Four Horns and Dan Comes from the War were Indicted for hors stealing. They entered pleas of not guilty. John End ot Timber was indicted for assault with a deadly weapon upon Walks Under the Ground, another Indian, resulting In the death of th latter. It 1 expected that th five Indians will be tried at the present term of court. Frank Frog and John Eagle Dog wer arrested several montha ago, and after their hearing before the United State commissioner In Deadwood gav bonds for their appearance. Their bondsmen became uneasy about them and at the beginning of the present term of court brought them to Deadwood and de livered them lato the custody of the United State marshal. John End of Timber killed his father-in- law by hlttlag him oa th forehead with - and 20 Doctors Can't cure an incurable disease. Nor can Ayer's Cherry Pectoral. But it has cured a great many most desperate cases, chronic cases, such cases as no other medicine in the world touches. The next time you talk with your doctor ask him if knows of any other cough medicine that so quickly cures colds and coughs, even the hardest kind of lung troubles. He will give you an honest answer. Abide by it. " I was given np to di with quick consumption. I rapidly lost in weight from 138 to 98 pounds. I had repeated hemorrhages, and at last went to bed never expecting: to get p. I then tried Ayer's Cherry Pectoral, and in Bin months I had regained my old weight and was a well man again." Chas. E. Haktman, P.M., CiLbstown, N. Y. He sat, $1M. New Colored Dress Goods Stripe Etamine in late and stylish shades-marine blue, French gray, champagne, Java and reseda, 44-inch, $1.00 yard. Wool Iron Frame Etamine In the new spring shades reseda, navy blue, pearl gray, tan and russet, 44-inch, $1.00 yard. . Silk and wool Crepe de Chene, light weight and very dressy spring shades reseda, green, tan, blue and brown, 45-inch, $1.50 yard. Voilles and Aeolines, very pretty, light weight fabric in new stylish shades reseda, Java, procelain, mode and navy blue, 48-inch, $1.50 yard. " All wool Batiste, light weight new stylish shades Orleans blue, pink, pearl gray, rose, lilac, "champagne, cardinal, cream, reseda and lemon, 42 inch, 50c, 75c, 85c, a yard. ; Woven Silk Stripe Challis Latest novelty for waists and children's dresses, all plain col ors, 30-inch wide, 75c a yard. 4 A new and complete line of French challis in the latest de signs and combinations of col ors, 30-inch wide, 50c and 55c yard. winter underwear, 20 Streets. stone, crushing th skull'.' He wllr en deavor to establish self-defense. The bond of Lawrence Donovan, indicted for stealing 8,000 pounds, ot oats at Fort Meade, was ordered forfeited on Donovan' failure to appear. It was in the sum of 500. Timothy Hayes being surety. John Pfelfer of Sturgls, who wa arrested for receiving the stolen oats from Donovan, has been released from bonds, th grand Jury returning no bill against him. 1 The case of the Fremont, Elkhorn i. Mis souri Valley Railroad Company against th Baltimore as Deadwood Mining Company, proceedings In condemnation, 1 now on trial in United State court. It I expectod that the present term will last until middle of next week, aa th grand Jury Is not yet through. Booth Dakota Incorporations. PIERRE, S. D., Fb. 8. (Special.) Thes articles of Incorporation have been filed: - Lulu Mining company. Hill City; capital. 1300,0110; Incorporators, John R. Wilson, M. L. Day and Joseph McClure. Home Investment company, Sioux Falls; capttal, $25,000; Incorporators, H. C. Freese, John Schaetsel, William Mathewe.and B. H. Lien. Emery lodge. Ancient Order United Work men, Emery; trusteea, A. Durrlsh, Robert Cutta and John J. Kluth. Martel Mining company, Pierre capital, tl.OuO.OOO; Incorporators. A. F. Martel, J. J. Cummlngs and J. E. Evans. Synvlta Medicine company, Pierre; capi tal. 1300.000: Incorporators. Albert V. Mortal Harry C. Caldwell and T. P. Kates. Flatwoods Oil company, Huron; capital, $1,000,000: incorporators, David H. Craig, , Robert R. Robertson and Philip Lawrence. Aberdeen Wholesale Grocery company, Aberdeen; capital, $16,000; incorporators, V. O. Wells, John Bhuler and F. B. Gannon. Frosllens Manufacturing company, Pierre; capital, $6,000; Incorporators, John T. Ap pleby. Fred H. Paine and T. P. Kstea. Georgia Petroleum company, Huron! capi tal, $1.0u0,000; Incorporators, David H. 1,'raU, Robert R. Robertson and Philip Lawrence. Fatal kidney and bladder, trouble can always be prevented by the use of Foley's Kidney Cur. J. C. AVER CO., Uwell, Mass. 1