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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 26, 1902)
THE OMAHA DAILY BEE: WEDNESDAY, MAHCH 20, 1002. TESTIMONY IN THE TAX CASE Commissioner Fleming ii First Witnen on the Stand. FRANK MURPHY WILL BE CALLED NEXT Ileferre Intimate that Itelator Are tntlllril to Writ I nleas It t an Be Shown thnt It Wool r. lie Nugatory. The turning point In the tax mandamus ease hue come; the argument which be gan on the morning of March 11 Is at an end, and evidence la now being taken. Tax Commissioner Fleming was on the witness stand nearly all day Tuesday, though for a short time during the forenoon he yielded the chair to Relator "George T. Morton It was given out that Frank Murphy, presi dent of the street railway and the gas com panles, would testify, but a change In the program was necoaftary on acrount of the persistent objections of the respondents, which necessitated devoting more time to Mr. Fleming than was anticipated. Mr. Murphy was present all day, but solely as at spectator. Attorney Mcintosh says be will call him to the stand the first thing this morning. "I shall ask him as to tbe value of his corporation property," said he, "but of course, tbe corporation attorneys will ob Ject to tbe question, and I expect the ref eree to Sustain their objections. The only object la calling him to tbe stand will be to show that an attempt was made to get these facts Into the record. I shall not call the other corporation officers." - Ryan Outlines Position. While outlining bis position yesterday morning In reference to the admission of testimony Referee Ryan addressed tbe fol lowing remark to Mr. Mcintosh: "The only difference between you and ma is that you want to go Into the evidence to show wherein there has been an abuse, while I am willing to admit that there has been an abuse. I don't think It Is necessary to go Into that. My present view ts that you are entitled to the writ unless It would appear that It would be fruitless to Issue It Tech nlcally you are entitled to it, I am well satisfied as to that, but the point remaining to be decided Is, Would tbe writ, If Issued be nugatory?" The referee had reference to several points which bava been brought out by the respondents. One of them Is that ths tax levy Is already void, because not made on the date specified In the city charter, and therefore a writ of mandamus would dot be effective. Another relates to the man ner set forth In tbe statutes for arriving at the value of a franchise. The feferes believes this to have been a blunder on the part of the legislators, but notwlthstand ing this he doubts his authority to dlsre gard It Referee Ityan'a Halloa;. Referee Ryan opened the day's proceed lngs by reading a statement of his position in reference to the admission of testimony I have already Intimated that the motion which haa been the basis for extended arguments In this case will be overruled and In my report I shall endeavor to con ellor the questions thereby presented. The next matter for consideration Is what shall be the scope of the evidence to be Introduced upon Issues of fact. On behalf of the relators It haa been aesumed that thire Is a necessity that there shall be offered testimony to show that there existed a poaHirmuy or, perhaps, a probability tha If the board of equalisation had not ad iourned. as allcaeil. competent testimony would have been offered In support of the complaints of the relators. 1 do not think It Is necessary to sample the testimony for the pur pone of establishing the probability Indicated. Indeed, such a course ' might be mischievous, for thereby unwlttlnaly I might adopt a course which would not be proper with reference to corporate fran chises and tha board of equalization might ioiiow ine same ruie aaoptea oy me it tne supreme court did not expressly repudiate that rule. Tbe question is of too much gravity to be ugntly treated or Incau tiouniy aellled. Here Judge Ryan recited a case In th supreme court in which he acted as counse and in wblcb it was held that a board of county commissioners could by mandamus be compelled to consider and act upon complaint, but tbe court could not control tbe board's legal discretion. He continued I do not reserd It as necessary at thl time to limit the number of witnesses as to any lasue of fact except With reference to the action of the Hoard of Kmiallnatinn with respect to complaints against the five puoiic service corporations described I the alternative writ, as to wh.cn I thin six witnesses for the relators and a Ilk number for tne respondents will answe every useiui purpose and accordingly th number will be thus limited. I cannot anticipate what other Issues should be de termined and they will be disposed of as they are reached in the course of the hear ing. Mr. Mcintosh moved that tbe number of attorney for tbe respondents, when it should coma to th examination of wit nesses, be limited to one. The referee over ruled tha motion. Commlaaloaer fleasln Testlfles. Tax Commissioner Fleming was called to th stand. For an hour be gave evidence to various pieces ot property In the city owned by tha relators, William Q. Shrlver and Oeorge T. Morton, the purpose being to abow that they were property owners and taxpayer, and therefore qualified to com plain of tbe assessment ot the corporations. H refreshed bla memory on these points by reference fo th tax rolls, which were offered In evidence. Twenty sucb exhibits wtre introduced. Attorney Webster objected to this tes timony and cited in support of bis objec tion all of tbe arguments of tbe respond ent against th Issuance of th writ ot . mandamus. Tha objection was overruled. City Attorney Conoell interposed an ob jection after each question ot Mr. Mcin tosh. His objections wer also overruled. Oeorge T. Morton was called to the stand. He was asked to explain why it THE TIME WILL GOME. When tha Advice of This Omaha Resi dent Will Help Yon. Very few people are entirely free from backache. It does not take much to de range the kidneys. A little cold, a strain looping positions or hard work, overtaxes those delicate organ and many achea and pain promptly follow. An Omaha cltiian tells you her how every kidney 111 can be relived and cured. Read about It. Mrs. J. T. King of 15U North Twenty eighth street says: "Three weeks before I got Doan's Kidney Pills at Kuhn Co.' drug store, corner ot Fifteenth hod Doug la street I could hardly crawl about th house on account of pain In the small of my back. I wore plaster all th time, but they did m no good. When sitting r re clining I could scarcely get on my feet and I attribute th cause to an accldeut when 1 fell off tbe sidewalk, broke limb and injured my back. Doan's Kidney Pills at first helped m and finally disposed of th last attack. It requires very little Imagination to reason that what benefited m o greatly can be depended upon in the future should recurrence tak place." For sal by all dealer. Price 60 cents per boa. Foster-MUbura Co., Buffalo, N Y., sol agsnta for th I'ntted State. Remember th nam Doan's and tak no substltuUk. a wa that tbe property in the tax roll ap peared in the nam ot Cyrn Morton In stead of that of Oeorge T. Morton. He re plied that Cyrus Morton, deceased, was his father, and that he (the witness) had inherited the property by will. A certified copy of the will was offered In evidence. Mr. Fleming wa recalled to the stand. "What Instructions did you give your eputy assessors when they started out to make the assessment for 1902?" asked Mr. Mcintosh. Inatraetlons to Deputies. I instructed them to assess the personal property," was the answer. "They were to certain tbe fair cash value and then as- less It at 40 per cent ot that fair cash value." "WhA assessed the real estate?" "I did." "Was thl 49 per cent basis of assess ment applied to the real estate also?" It was." . When it came to assessing tbe prop erty of tbe five public service corporations did you proceed by first ascertaining the fslr cash value and then did you assess It at 40 per cent of that fair cash value?" This question was objected to. Attor ney Webster ssld: "Three day ago, stand ing over by that table and In the presence of Mr. Morsraan, Mr. Hall and myself, Mr. Fleming said that he had ascertained the fair cash value of this corporation property and that It had been assessed at 40 per cent of that value. Now, If be wants to go back on that statement be has three men who will bear witness that be has re versed himself." "I object to the counsel Intimidating the witness," said Mr. Mcintosh. The referee sustained the objection of Mr. Webster and no further progress was made along the line Indicated by Mr. Mclatosh's question. The bearing adjourned for the noon recess. Tha Afternoon Session. At 2 o'clock Tax Commissioner Fleming wss recalled to the witness stand. Were the five public ervlce corpora tions assessed at 40 per cent of their fair Cash value?" was the first question ot At torney Mcintosh. , Mr. Webster objected to this a calling for a conclusion of the witness. He was over ruled. "They were not," was the answer. Mr. Mcintosh offered In evidence a sched ule of property and It valu which had been submitted to the tax commissioner by tbe officers of the street railway company It had been made out on a blank fornt fur nished from the commissioner's office. Did the street railway company fur nlsh you with any data as to tbe value of it property other tban Is set forth in thl schedule?" he asked. "Not until It appeared before the board of review." Mr. Mcintosh then read the items from the schedule: "Capital stock, $5,000,000 number of shares 60,000; market value ot stock, 2,500,000; tndebtednees, $2,599,991.63 real and personal property $550,435." "Did you have any definite information aa to the length of the company's tracks in tha city?" he asked. "I did not." "Or a to the number of it motor or car?" "Not exactly." "Did you have any definite knowledge aa to the value of the machinery in It powerhouses?" "NO." "Of as to the mileage of Its tracks out side of the city?" "Only generally." "Did you knoW that the company is pay Ing 4 per cent dividend on it atock, and ha been tor more tban three year?' Attorney Webster objected to thl ques tion. "If we are to get at the value of tbe property at all," said he, "this 1 not tbe way to do If' Tbe objection wa sustained. Value of Hallway' Realty. "What wa the aggregate of the assessed valuation of tbe real estate of the street railway company for 1902?" wa th next question. "I believe it wa $76,095." "This schedule shows that you assessed the personal property of the company at $827,000, and that tbe board of review re duced it to $550,000. What data did you have to aid you in forming that conclu sion?" "I figured the entire value at $2,500,000." "How did you happen to decide upon that sum?" "Well, I was in doubt as to which of two authorities would apply in the case. The state revenue atatutea told me to do one thing and the city charter told me to do another. The $2,600,000 is a tort ot compro mise." You knew that the street railway com pany was a going concern and that It wa paying Interest on Its bonds?" Mr. Webster objected and tbe objection wa sustained. Even tha assessment you made was ob jected to before the Board of Review, wasn't it?" "Tea. sir." Questions slmllsr to th foregoing were asked with reference to each of the other publlo service corporation and similar ob jection were Interposed. It was shown tbat th gas company had mad a return of $720,000 as tbe valu of it property, per sonal and real. The tax commissioner had assessed the property of the water com pany at $1,000,000, which had been cut to $575,000 by the Board of Review. Did th board In making that cut make Inquiries a to the valuation ot the prop erty?" asked Mr. Mcintosh. Mr. Webster objected and the objection wa sustained. Wa $575,000 an arbitrary figure, decided upon without reference to the value of the property?" The witness answered that be didn t know, a he had had nothing to do with tbat part of th work. Cross-Examination by Webster. This concluded the examlnatlon-in-chlef. Th cross-examination of Mr. Fleming was conducted by Mr. Webster. He asked th wttnast to compare the corporation assess ment tor 1902 with those of the previous year and the answer was tbat those for 1901 were higher than those for 1902, "Did you send the earns kind ot blanks to th street railway company that you did to the other taxpayers ot th city?" "Yes, sir." "Then you didn't c41 for the street rail way company to teattry a to it track mileage and a to th number ot It car?" "No. sir." "So far a that la concerned, then, the company didn't mislead you nor deceive you?" 'No, sir." 'Don't you know that a large part of the company s track are outside of the city and therefor not liable to taxation in th city?" "Yes, sir." "And tbat the water company' pump ing station and tha greater part of its property is at Florence ?" "Ye, ir." "And that th same t tru to a large ex tent of th gas company and th telephone company?" The witnex ald he wa awar of this "Do you bellev that the valuea you tied on tbeae corporation properties I 40 per cent of their fair eaah value?" "Yes, sir; I did then." "And don't you bellev so now?" "No. sir. Bine then I hav gained ad dttlena! information." "From whom did you get this additional Information from th real estate agent or from Mr. Mcintosh?" "I got It from a variety of iource." tot llmyly Hearsay. Mr. Webster then attempted to have the witness testify that his knowledge as to th returns made by his deputy assessor was simply hearsay, but tbe witness re plied: "It is more than hearsay. Many ot the returns msde were sworn to by the per sons making them." This brought on a discussion as to the meaning of the affidavits attached to the blank forms. Mr. Webster maintained that It simply required the maker to make oath that the foregoing wa a list of hi prop erty, without reference to the value thereof. In which construction the witness did not sgree with him. At 6 o'clock the hearing adjourned to 9:30 this morning. Dancers of rnenmonln. A cold at this time It neglected i liable to cauae pneumonia which I so often fatal. and even when the patient has recovered I the lungs are weakened, making them peculiarly susceptible to the development ot consumption. Foley's Honey and Tar will stop the cough, heal and strengthen the lungs and prevent pneumonia. SHOT STOPS NEGRO FUGITIVE rollee End Flight of C. Howard, Who I Aeenaed of riekla t Another' Money. A shot from a S8-callber revolver In tbe hand of Officer McCarty brought to a standstill last night at 10:30 o'clock a negro, who was running on Twelfth street between Dodge and Capitol avenue. He ran into th arms ot Officer Bhleld. who beard the shot, and was soon landed in the police station. At the same ttm Oeorge Hodson, who says be is an expressman, appeared and said that while paying for a glass of beer In a saloon at 111 South Fourteenth street, he accidentally dropped a $5 bill on the floor. An acquaintance told him tbe negro picked up tbe bill. When Hodson asked him about it the negro denied doing so. Hodson went to the telephone and called ifp the police station. Hearing this, the negro started from the saloon on the run followed by Hodson. The latter, meeting I Officer McCarty, told him about It and he fired bis revolver to frighten the negro. I At tbe station the negro, who aald his name was C. Howard, and that he wa second cook In the United States restaur- ant, wa searched, and a $5 bill was found rolled up in a handkerchief In his overcoat pocket. He aald tbe money belonged to him. He wa locked up. SLAPPING WIFE COSTS FORTY Jadfe Berkn Lev-tea Heavy Against Pnglllstlenlly In clined Walter. Fin Charles Tobln, a waiter, will wait in th city Jail several days for slapping bla wife. Judge Berka having fined him $40 and coat yesterday. The Tobln have been mar ried two years and Mrs. Tobln testified tbat It was not Infrequent for her to wear black eyes and other disfigurement, owing to the pugilistic ability of ber husband. Tobtn admitted the charge of slapping his wife, but informed the Judgo that he had good and sufficient reasona. After ja trial last- ing about three minutes th fine wa lm- posed. Not having the necessary money with which to pay up, Tobln wa sent to Jail. I FUNERAL OF MRS. M'CAGUE Service Will Be at Central I'nlted Presbyterian Church Thurs day Afternoon. The funeral service of Mrs. Thome, Mc Cague will be held at the Central United Presbyterian church. Twenty-fourth and Dodge streets, at S p. m., Thursday, March 27. A short service will be held at th residence for the immediate relatives of the family at 2 o'clock. Interment at Prospect Hill cemetery. Mortality Statistic. Births Perry Plnnev. 8016 Pnencer. hov: L. O. Perley. 1678 South Thlrt v-aecond. gin; jonn uison, 4219 norm Twenty-tourth, '" . ... Deatns viola Brooks. 1338 8outh Sev enth, 1; Elizabeth A. Brown, 3123 Burdette, AA Rnhv T ji 1 1 1 u T fllmulorur COR TVimlnliin 14 months; Henrietta M. McCague, 438" South Fortieth, 69; Mary Pace, 111 South Fourteenth. 1: Elisabeth Youns. county nospitai, &; Minnie r reaiuna. Wise Me morial nospitai, u. LOCAL BREVITIES. The members of the Custer Woman's Relief corps gave a social last night In Redmen's hall at which everyone present had a delightful time. Refreshment wer served. The women of the Southwest charjel will give an Easter supper and basaar at th church, corner Twentieth and Leaven- worth streets, next Friday evening from to o CIOCK. A lury has found Charles Harvev sulltv of breaking; and entering; In the nts-ht sea- son. no is a coiorea ooy, triea yesteraay . . . . . ... - iur nuvinir taaen names irom me ataDiea or Morris Rosenblatt. Responses to the cards sent out bv the finance committee of Ak-Sar-Ben, soliciting subscriptions for the carnival were gone over last evening at the Omaha club and the committee expressed satisfaction at tne sum promisea. Preparatory to the trial of the Injury suit of Maria A. Fear against Ward M. purges, juoge BiaDaugn nas oroerea tne 1 1 a I n 1 1 IT fit nhmil tn a triBiiittl imln. Ion by Dr. MeClanahan. that the extent of her injuries may be ascertained. Richard Swift and Bernard Lucky have secured me release irom jau or jonn Hronrlrk hv a-nlna- hi. hail for ti f Brodertck and Joe Hennessy are the South Omaha boy accused of assaulting Annie Wessenberg. Hennessy was released under similar bona some aay ago, County Attorney Shields has stated that he will sign a consent to the release ot Frank William, who. with Robert Limer ick, held op the rooms over Cole's saloon January 24. The reason given la tbe earn aa that submitted when Limerick wa re leased last week lack of anyone who will confess ownership of the money taken. Oeneral Manager David Neale has made a report to the Omaha Anchor Riprap com- fany irom tne scene or laat year s work n the south on the Mississippi and Ar- k&nsas rivers that every point Is standing the teat ot protecting the river bank well. The company ha been doing work in tlv places, several or tnein wnere other meth chIs have been tried before without sue cess, and expect to branch out further the coming season. The Retail Grocery Clerks' and the M Cutters' unions gave a smoktr In Myrtle number attended and spent a' nieaaant omeTfnd Heten.nV Zll? .ndo music ana getting on ine outsi.ie or good refreshments. Thoe who spoke were: A. M. McDermott. C. E. Smith. George Kleff- ner. J. J. Kerrigan and others. All talked I " tne oaiiie wiia mis giant disease as ine Diunaer of the unions and labor problems. btiBSofour forefathers would be in modern warfare. tmirrlZrK", afternoon, that Institution will likelv he PXed,eVheldbiack? wWte" andyefiow "f ine court room w io o cnangea to one i nor anyming eise appnea externally can uisiouge inese gntty, corroamjj par ff'SL nul?Vhl8.Lwinwk tides. They were deposited there by the blood and can be reached only through the importance and dignity of th place. ar . fterT careful look ot'r" th. build! ing. and the court immediately took a receas for three minutes to ex Dress his approval of the mayor's Idea. PERSONAL PARAGRAPHS. H. W. Brown of Chicago Is at tbe Millard. Mies Nellie Dunne of Kansas City Is a guest at ne muara. Mrs. Oeorge C&nfleld and MNs IJ&xi Canfleld of ebertdan are at the Millard. Miss Mark and Mis Wolff of I'nton Neb., registered at the Millard yesterday W. O. Colling, formerly connected with Marshall, Field A Co. of Chicago. I now a reslilriit i t Omaha. In tha employ of th W. 1U fcsuneit cvtopau - window dr3r. GENERAL OTIS IS RETIRED Returns to Private Life After Forty Tears of Continuous Service. RECEIVES PRAISES FROM WAR DEPARTMENT Will Pe Rneeeedeal In Department of the Lakes by General Arthur MaeArthnr of Colorado Station. WASHINGTON. March 23. Major General E. S. Otis closed his active career In tbe army today by reason ot age and will go into retirement. He will be succeeded in command of tbe Department of the Lakes at Chicago by Major Oeneral Arthur Mac Arthur, recently in command of the De partment of the Colorado at Denver. The War department has paid an unusual tribute to Oeneral Otis In issuing a gen- eral order reciting the distinguished serv ices of tbe officer, not only through the civil war, but in hi management at Manila. The order recites President McKinley's congratulatory messages on the occasion of his success over the Filipinos at Maialos and when Manila was captured. In conclusion Secretary Root says: "Oeneral Otis goes into retirement with a consciousness of duty well done during forty year of continuous and exceptionally meritorious service, which entitle him to the gratitude and best wishes of his coun. trymen." Glad His Service la Over. CHICAGO, March 25. General E. S. Otis today turned over the command of the Department of the Lakes and the Depart ment of tbe Dakotas to Colonel McCaskey of tbe Twentieth infantry, who will remain in charge until tbe arrival ot Oeneral Arthur MacArthur. General Otis will remain two more days in Chicago before leaving tor bis home in Rochester, N. Y. Mrs. Otis and the general's three daughters, who have been traveling in tbe south, will Join him there. "I am glad to be retired," said the gen eral today. "I've been a long time in the harness and am ready tor a little leisure. When I feel like work I have enough prl rate business to keep me Interested. I will not travel. I've had enough of that. I won't even write- a book." Oeneral Otis Is in excellent health, de spite bis sixty-four year of strenuous life. Tn New York Tin Niagara Falls. A most attractive and pleasant trip It made via the Lehigh Valley Railroad. Solid Vestibule Trains. Dining car service a la carte. Stop-over allowed at Niagara Falls on all through ticket to New York and Philadel phia. DEATH OF E. W. BARTLETT Mental Trouble Brought on by Loss of Wife the Cnose of His Demise. E. W. Bartlett died at his borne, 3334 Mandereon street, yesterday, after an Illness of about a month. Mr. Bartlett came to Omaha about 1884 and entered the firm ' of Klopp, Bartlett & Co., with which he continued until the time of his death. He was a member of the Masonic fraternity and bad a large circle of acquaintances. -j Tbe death of Mr. Bartlett Was tha result of softening of the brain. ' HI wife died bout a year ago, and her' death so at fected him that he has been unable to transact business for several montns. a few weeks ago a curator wa appointed for hi estate and he was placed in charge of physicians, who found themselves helpless in dealing with the disease, which made rapid progress. There survives blm one child, a daughter. JOHN HEIBEL FOUND DEAD Mar Have Fallen from Ladder I'pon Which He Stood While Working. John Helbel was found dead yesterday alongside the residence of John Wallace at 2522 Poppleton avenue, where he had been engaged In removing storm windows. He was lying at tbe foot of tbe ladder. Hla death may have been due to a fall or to heart failure. No brulees were found on the body and a hasty examination did not disclose any signs of violence. Helbel lived at Twenty-eighth and Hick ory. His body was discovered by a passerby named Bennett. Tbe coroner has taken charge. A Severe Cold for Three Month. The following letter from A. J. Nusbaum, of Batesvllle, Ind., tells it own story: I Buffered for three months from a severe cold. A druggist prepared me some medl cine, and a physician prescribed for m. yet I did not improve. I then tried Foley' Honey and Tar, and eight doses cured me. Refuse substitutes. ATTACKED BY A MAD BULL Sheep Bnyer Suataln Serlou In- juries at Stock Yards tn South Omaha. rh.rl.s Auld. head sheeD buver for the I ' Cudahy Packing company at South Omaha, was attacked by a bull In tbe stock yards I -ra anrf a.rinnalv inlnreA It Is I , . fc v ,,....i feared that he has suffered internal in Julie. Th bull rushed upon him in one 0f the alleys and gored him In the pit of .... .,.,.,, . .... . ,hrnwn h. hl stomach. He wa finally thrown be hind a post, which doubtless saved his life. Cleveland Uoe to Florida. T. n IVf'L'TAV XT V Ua.nl. 4K T , n-a learned here today that ex-President Cleve land, accompanied by Prof. Jonn H. rin- lev and Dr. J. D. Bryant of New Yor, will leave tomorrow on an Easter pleasure trip to Florida. They will be gone a week or ten aay. ilfilematlsB I The liniment bottle and flannel Btrio are fam "jarobjects i nearly every household. I wcsponj iuai nave uecn useu lor generations I to ftirht old Rheumatism and are? about fit effective i f11: Rn.eup aQ are 8DOUI 6S entCUVe Rheumatism is caused by an acid, I d it ion of the blood. It i9 filled with acrid, hotter that settles ia the joints, muscles and nerves, and liniments and oils I the blood. Rubbing with liniments and Pin?- but these a" .only symptoms ; the real disease lies deeper. The I Dlooa ana system are infected. Kneumatism cannot be radically and perma nently cured until the blood has been thoroughly and promptly as S. S. S. tonic. It relieves pain and builds up the exhausted vital forces at the same time. Our physicians will advise, without charge, all who write about their case, and we will send free our special book ou Rheumatism and its treatment. THE SWIFT SPECIFIC CO., Atlaata, 6a. TEN TRAINS FOR ROCK ISLAND etv t ars for Coast Service to t'oet Two Million Dol lars. CHICAGO, March 2.. Tbe Record-Herald tomorrow will say: The management of the Rock Island road practically has determined to spend In the neighborhood of $2,000,000 to build ten new trains for the Chicago-California service through El Taso. The new trains will be delivered to the Southern Pacific at El Paso and there Southern Pacific crews will operate them. An agreement whereby through trains can be run has been reached between the traffic officials of the two companies, but It Is otated that the trains will not be put Into service until next fall. The ten complete trains tbat will bo constructed will be for use In con nection with a full vestibuled limited similar to that in operation on the Santa Fe and Northwestern routes. HAWLEY ENTERS NEW FIELDS Secures Controlling Interest In Col orado A Southern Hallway Com pany for Himself. NEW YORK, March 25. The Journal ot Commerce tomorrow will contain an au thoritative statement that Edwin Hawley and bis associates have secured a tontrol ling interest in tbe Colorado & Southern Railway company. This control was se cured through purchases of stock in the open market. Mr. Hawley la now president of the Min neapolis & St. Louis Railway company, and the Iowa Central. He was for many months assistant general traffic manager ot the Southern Pacific, but resigned that position only a few months ago. It Is understood, the Journal of Commerce will say, that the new owners of the property are acting for themselves and not for any other interest. CANCEL FREIGHT CONTRACT d Men Forfeit Heavy Trnfflo a Reanlt of Projected Injunctions. CLEVELAND, O., March 25. General freight agents ot the lines of the Central Freight association have been traveling from city to city during the last five days' cancelling contracts, amounting to thousands ot dollars, for the movement of freight. A railroad official eald today that for the first time In his experience of long service with railroads there is not. to his knowledge, a cut rate or case of discrimi nation In existence. The scare created by the wholesale prosecution of lines for dis crimination is most complete and effective, be said. ' Make Inspection of Choctaw. GUTHRIE, Okl., March 25. Vice Presi dent Warren of the Central railroad of New Jersey Is making a tour of inspection of the entire Choctaw system. One report states that It Is the purpose of the purchase of the Choctaw by bis company and an other that tbe New Jersey company is to take the $13,P00,000 extension bonds re cently voted by the Choctaw. Don't Accept Counterfeit. For piles, skin diseases, sores, cuts. bruises, burns and other wound nothing equals DeWltt'a Witch Hazel Salve. Don't accept counterfeit. None genuine exeept DeWltt's. "I hav suffered since 1805 with protruding, bleeding plies and until re cently could find no permanent relief," says J. F. Oerall of St. Paul, Ark. "Finally I tried DeWltt's Witch Hazel Salve, which toon completely cured me." FUSION- IS DECLARED OFF Populists and Democrats In Kansas Fail to Inlte After Pro longed Attempt. TOPEKA, Kan., March 25. The popullat state ceatral committee tonight Issued a call for a etate convention to be held June 24. This ts the outcome of months' ot ne gotiations with the democrats, trying to make a fusion agreement. The state com mittees of the two parties have been in joint session here for two days In a last effort to secure harmony and tonight fusion was formally declared off. Each party will now nominate a ticket. Calderhead Yarned ArsIh. CLAY CENTER, Kan., March 25. Con gressman William A. Calderbead was re nominated by acclamation here today by ths republican convention of tbe Fifth district. United States Senator J. R. Burton ad dressed the convention. Japanese Women on Wheel. WASHINGTON. Mrch 25. A dozen high chool clasa Japanese women ot Toklo hav organized a bicycle club. PARKS NO PLACE FOR GAME Commissioner Brain Crusade Against Hunter at Pleasure Kesorts. Tbe Board of Park Commissioners Is gun ning for gunners who gun in the park. It has apprehended two of them, in tbe per sons of A. McBrlde and Frank McBrlde, aged 14 and 16, one of whom was arrested by special officer and tbe other by a pollc ergeant, and both of whom are at th police station, with a prospect of being bound over. E. J. Cornish of the board has some re gret that these boy, who are orphan, should be tbe first victims of the new vig ilance, but he states tbat there is good prospect of their not being the last. Frank and A. McBrlde were tried in po lice court yesterday afternoon on a charge of assaulting and attempting to cut Spe cial Officer Roupp, and wer bound over to th district court Th boys wer re leased on their own recognizance. Tbey are sour con irritatinc sometimes relieves temporarily the aches purified, and no remedy does this so It neutralizes the acids and sends a stream of rich, strong blood to tne anected parts, whicn dissolves and washes out all foreign materials, and the 6ufferer obtains happy relief from the torturing pains. S. S. 8. contains no potash or other mineral, is a perfect vegetable blood purifier and most exhilarating MARCH THE MOST TRYING MONTH IN THE YEAR. After the long, tedlou strsla of winter. th 'ver Mrch weather is very trying to tho run-down system. Bo particular to keep your blood rich, your circulation In perfect condition, and your entlr system fortified (gainst disease and th changea ble climate. Duffy Pur Malt Whiskey, th world' famous spring medicine la a gentle. Invigorating stimulant and tonic, w hlch builds new tissue, tone up the art. aid digestion, stimulate and enriches the blood. Invigorate tbe brain and kill dis ease germs. A tablespoonful in half a glas of milk or water three time a day will keep the body strong and vigorous and free from all disc, It prevents and cure coughs, colds, bronchitis, asthma, catarrh, a nd consumption by stimulating th blood and keeping the entire constitution In a no rmal and healthy conditloa, Local treat ment for any of these diseases Is of no valu e. Build up the system and you will drive out disease. WELL AND HEARTY AT 8. Gentlemen: I have used considerable of your Malt Whiskey, and find tbat It braced me up In my old age and Infirmities and keeps me well and hearty. (I am nearlng my 86th year.) W. 8. NEWMAN, Canton, ra., Dec. 8th, 1901. INVALUABLE TONIO. Sirs: I have used your whiskey for four DUFFY'S PURE Duffy' Ture Malt Whiskey Is the only whiskey recognized by the government as a medicine; thl Is a guarantee. See that "The Chemist' Head" 1 on the label, and that it is tn our patent bottle, with the name "Duffy's Malt Whiskey Co," blown on th bottle. This is the only way the gen uine 1 sold. Ii offered in bulk or in flask It is a fraud. The genuine I sold by drug gists and grocers or direct at $1.00 a bottle. FREE Two game counters for whist, euchre, etc., on receipt of 4 cents In stamps to cover postsge. DUFFY MALT WHIS KEY CO., Rochester, N. Y. Valuable medi cal booklet free. Rltsrd by 0. S. Palest Offlc. waval Vi. t TS. I 1 a tr n la X.v Samuel O. L. Potter, A. M M. D., M. R.C. P., London, Professor of the Principles and Practue of Medicine in the College of Physicians and Surgeons, San Francisco, in hi handbook, of PHARMACY, MATERIA MEDICA, and THERAPEUTICS, a textbook In many of the leading Medical Colleges of the country, under the head of "ALBUMINURIA," tlooferneaies. " RJIBUJO UTIflAOT02 of Virginia, Is highly recommended." Under the head of "CHRONIC BRIOHT'S DISEASE," page 6oi, same edi tion. In the citation of remedies, he says: "nineral Waters, ESPE- frnnya cateVsn,a' Dr. Graeme M. Hammond, New York, Professor of Diseases of the Mind and Nervous System in the New York Post-Graduate Medical College and II rhrtrr-ai r I it In Clout and Rheumatism Is highly Hospital: UUCFALD LITH1A beneficial. In all case of tSSSgnx: 1 Buhmjo ununYiznn ?stthe8frrve?ct; In Increasing the quantity of urine and In eliminating the albumen." Spring No. I is both a NERVE and a BLOOD TONIC, and in PALE, FEEBLE, and ANCMIC SUBJECTS is to be preferred. In the absence of these symptoms No. 3 is to be preferred. Testimonials which defy all imputation or qnestion sent to any address. Hotel at Spring epsns J mam lsth. PROPRIETOR BUFFALO LITHIA SPRINGS, VIRGINIA . . Cheap Rates to Minnesota and North Dakota. On March 4th, 11th, 18th and 25th. April 1st and 8th, especially low on way rates will be made to nearly all point tn Minnesota and North Da Koia. THE CHEAT NORTHWEST. Every day during March and April, spe cial rates will oe In effect to points In Montana, Idaho, Washington, Oregon, etc. I HE ILLINOIS CENTRAL RAILROAD, being- th shortest line and operating morning and evening trains to Bt. Paul, where direct connection are made with all Western lines, otter unexcelled iaclll- ,1a fnr rRphinff these Oolllts Full particulars cheerfully given at City Ticket Ufllue, No. Mui I'arnam St.. or writ. W. H. BRILL, D. P. A. Illinois Central R. R Omaha, Neb, ARE fSjt you ypi DEAF? . ALL CASES OF DEAFNESS OR HARD HEARING ARE NOW CURABLE by our new Invention. Only those born deaf are incurable. HEAD NOISES CEASE IMMEDIATELY. r. A. WERMAN, OF BALTIMORE, SAYS t Baltimose, Mil., March y, tjri. GtntUmtn . Being entirely cured of desfneae, thanks to your trcslmeut, I will. now give yot. a full history of my case, to be used at your discretion. About St years ago my right ear began to sing, and this kept on getting worse, until I lost my hearing ia lbi ear entirely. I underwent treatment lor catarrh, for three months, without any success, conf ilted s num ber of physician, among othera, the most eminent ear specialist of this city, who told me that only an operation could help me, and even that only temporarily, that the head noises would then erase, but the hearing in the aSected ear would be lost forever. I then saw your advertisement accidentally iu a New York paper, and ordered your treat, men I. After I had used it only a few days according to your directions, the noises ceased, and to-dav, after five weeks, my hearing in the disessed ear has been entirely restored. I thsnk you heartily and beg to remain Very truly yours. ' .A. WERMAN, 730 S. Broadwsy, Baltimore, Md. Our treatment does not interfere with your usual occupation. ".TvlcVfre."4 YOU CAN CURE YOURSELF AT HOME'"-"14 INTERNATIONAL AURAL CLINIC, 596 LA SALLE AVE. CHICAGO, ILL . Deputy 9to II. L RIUACCIOTTI, D. V. S. C'l'I'I V ETl'ElfU'J ARIAJ. and Infirm ej-r, tstb and Taiaatkan fceV . f L t T inirlli years aa a tonic, and find It Invaluable. J. BELL, 340S N. 2nd St., Philadelphia, Pa., Dec. 15. 1901. TONIC AND FOOD. Duffy Malt Whiskey Co: We always hav Duffy's Mslt Whiskey in our house sine the doctor' advice to use It as a medicine and tonic and food. WM. H. RLEW, 1210 Fldrllty St., Reading, Pa. December 19, 1901. MALT WHISKEY Especially tho of Virginia" In Uric Acid Diathesis, Gout. Rheumatism, Albuminuria and B right's Disease. ANY HEAD NOISES? WOMEN rCMALI BIANI Uujti tronffeftt, b Mfcst ;cjnu.lu KrgoC Tsujy. Fuuyrjjfii , dk a Ins to filurt loudest, mow outinA( CMtii re tie Tea tu m itw oyi .w m liri ".'i'.lt J E lit Tils sign stare 1 oa every box of th geaata Laxative Bromo-Ouinine Tbit remedy that ttm m culd Us oaw May,