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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 9, 1902)
CORPORATIONS AND THE CITY Eiowiug of Business Eelatioci in Light of Tax Su t MONEY PAID IN AND MONEY TAKEN OUT )f,n Vhm' Record of Tasea mid and (harifi ColWtvd ay the Pablle Service Cor ' porattons. if response to numerous requests (or In formation as to the business ot the public servlrs corporation! with the city of Omaha the following statement, taken from tae books of the city treasurer and city comptroller, is given. The statement shows the total amount of money received by the city from the five public service corporations for the ten yfin ending December 31, 1901, and shows the amount of money paid by the city 'o the four public service corporations which have contracts with ths municipal corpora tion!. Berause of the nature of ths franchise ot the Omaha Gas company it is possible to give an exact ste'ement of the total rash receipts of that company from the sale ot pas to private consumers and the city. The company pays a royalty of 5 per cent on Its cash sales of gas, exclusive of the smount received from the city. This ex ception Is made because the city is fur niched gas at the rate of 11 per 1,000 feet. The statement is as follows: Cava tonpasr. Receipts of Royalty Company Paid Paid from Sale Tears. by City, to City. of Qas. Wl t 22.1H0.O7 1H3 21.7WS.06 20.670.M l.&n.M f 140,602 U ln .m.0 7. 171. 91 lfi2.ft.13. 20 '. a l.2.0O 7.410.06 108.127.20 lxf'T 21.711.00 8.526.20 192.2.15.00 28,239 5 11, 07.74 250.194 45 18:0 2S.415.14 11,390. 04 2.V5.227.94 JyiO 29.421.04 11.948 14 2SS.2S3 .W Uul 29.li67.16 13.062.33 291.2U.71 Totals 1241,821.64 $76,598.60 $1,729,817.47 Real Kstate Personal Taxes Paid. 2.462.25 .... 2.642.42 .... 2.642.42 .... 2.642.4J .... 2.462.2) .... 3.242.97 9.120.1KI .... 9.5OO.O0 .... 10.640.00 .... 12.920.00 and Special Taxes Paid, t 1.73 91 2.701.16 1.797.29 1.819.61 1.64667 2.7?9.19 1.615.15 1.818 50 2.047.92 2.697.66 Years. 13 1894 IK'.! 1KJ 17 1 1K99 19 0 1901 Totals $58,274.74 $20,676.76 Electric Light Company, Paid by City. .$ 28,198 41 . 174.97 . 28.864.25 . 31,619.41 . 30.417.74 . 33.1C6.T4 . f'i.ittj.41 . 43,269 88 . 44.019 86 . 44,179.71 Royalty to Paid City. Tears. 192 193 194 1!5 It96 1197 1898 19 19H0 1901 Totals $ 600 1.000 l.Of l.Ono 1,000 ...$353,234.33 Personal Taxes Paid. ....$ 706.10 730.18 m. On .... 9J.36 .... 1.081.08 .... 1.640.00 .... 2,750.00 .... 1,080.00 .... 1, 740.00 $4,500 Real Estate and Special Taxes Paid. $1,042.67 1,066. M 1.034.08 697.00 864.00 357.60 .176 00 '.99.87 blO.OO Tears. 1891 1W4 1S95 m 1897 ,. 1898 199 19i X) 1901 Totals... .114,534.73 $6,935.48 Water Company. Paid byl City. ( Tears. ....I 78.818 56 1900 . ... 82.418 88119IU .... M.680.6HI1R98 k6.564.81lU9 ........ .... 87.261.841 Paid by city. 91.856.23 92.6S8.41 89.250.61 .96.787.64 Tears. 1R92 189$ 1894 1895 1596 1597 ..... .... Z,VU3.20 TOIS1 Personal Taxes Paid. $ 2.497.31 1.672.f6 1.671. V 2.787.4 :.767.f 9.7708T 10,080.00 $880,227.46 Real Eatate and Special Taxes Paid. $ 6.605.85 1.459.60 $.893.70 2.9.13.71 6.850 8$ 8.676.59 3,126.4$ Tears. 1892 1893 U894 1895 1896 J 897 1898 Good enough for anybody! All Havana Filler TL 0ROD0RA" BANDS are of same value as tags from 'star: 'horse shoe: 'spearhead: standard navy: 'old peach a honey' and J. T.' Tobacco. Always rMictbiUt Society Stationery Our display U ths Urfrst M Our gotxla the proper tttlng. oototy BUUonara, UOI rarmasa It. BOOKS! BOOKS! Marble rami. Bltt.r 6wt, Black Bock. Library edition 96o each. Write ar call or hat of bargalna. - - - BARKALOW OR08.. mwm YjffO- "ffi' mm rv i i iGrrl m a a s i !... 1901... .... lO.jnOOO .... I1.7f no .... !. lrl :.W4s 4.947 , Totals $70.696 63 i $a,01.$3 Telephone Compaay. Paid byl Paid by Years. 1J 18 1M94 196 1W 1W7 City. Tears. city. .$ 1.136 01 18 $ I.77J 21 . l.M VM 6.895 22 1.8.13 ti ll .... 6.416 88 1.9S6 98 1901 ..... 1.4.4 M 2.464. 1J Total personal Taxes Paid. $ 298 4 346 46 42.111 l,1"00O 794 86 747 63 71. 8 1.8O0.0O 1.17600 Moft.oo 1.890.00 6.769.41 $n.28S07 Real Estate and Rper-ial Taxea Paid. Tears. 1R91 1893 184 1W5 1K96 1897 198 1899 I) 1901 $ 62617 921. 63 3. .2. 00 369 00 332.29 669 60 74O.0O 828 80 1.020.00 Totals $12,354.44 13,859 19 No real estate tax. treat Railway Company. Real Estate Personal and Special Tears. Taxes Paid. Taxes Paid. 191 $ 2.824 65 $ 1,M 13 1W2 1.681 00 1.828 41 1'3 1.146-0O 2.682 04 1894 3.283 50 2.700.42 1896 $.138,OS 2 826.44 1896 J SJi.in 2.621.69 197 3.790.8 6.481.29 1898 10.200.00 2.615 91 1899 10,625.00 2.84014 19-0 11. 9UO.O0 1.966 98 1901 16.150.00 3.323.29 Totals., $70,062.07 $.12,697.74 A tabulated statement of the recelpta from the city and the payment thereto by the four corporations doing business with the city Is as follows: Balance Paid paid In favor of by City, to City. Company. Oss Co $ 241.821.64 $155,549 20 $ 86.271 44 Flee. L,t. Co. M ?l ss " Air, Vi vrr io na Water Co.... 880.227 43 76l229 60 Telephone Co 39.289.07 17.916.34 21,371.73 Totals ...$1,614,672 68 $313.602.80 $1,201,069.75 WHY DR. HANCHETT IS SORE Three C'onnty Comnlastoacrs Take Ills Rlar and DrtTe All Afternoon. Peter Hofeldt, the 100-pound chairman of the Board of County CommUsloners, ac companied by Commissioners "Dick" O'Keeffe and H. C. Ostrom drove orer the north half ot Douclas county Wednesday afternoon with Dr. W. H. Hancbett's phae ton and pair. It was not due to the fact that the county Is too poor to hire team t a livery stable, but rather to the fact that "Pete" Hofeldt made a mistake and approprlatad the wrong team. The purpose of the Junket was to inspect roads and bridges, and necessitated a long, hard drive. The seat was so narrow that one of the trio bad to sit on the knees of the other two, and at this they took turn about. The springs, were bumping on the "ex" most of the time. Mesnwblle nearly everybody In any way connected with the Incident was mystified or vexed, or both. The doctor thought his team was stolen, and was worried; the police worked all the afternoon on the same theory, and were baffled; the livery stable manager of whom Hofeldt had en gaged another team thought he had lost a customer, and was provoked; the telephone girls noticed their labors had lncreaaed, and were weary; Dr. Hanchett's patients thought he was never coming, and were nervous, while the team went without its dinner, and was hungry. As to the com missioners, tbey found the vehicle was too small, and were squeexed. Asked If he were indignant because of Hofeldt's blunder. Dr. Hanchett said: "Well, I bad to make my calls on horse back, and as I'm not used to riding horse back I'm naturally a little sore." JAMES LEO IS FREE AGAIN Complavlnlngr Witness Falls to Make Good for Prospective New Trial. James Leo Is again a free man after serving one ot the thirteen years he was sentenced to in the penitentiary at Lincoln for robbery. Deputy County Attorney Ab bott entered nolle prosequi In the case against him yesterday because the com plaining witness, Charles Duke, a saloon keeper at Eighteenth and Leavenworth streets, seems to have had change of heart for reasons not clear and Is reported to have said that he Is not sure Leo Is the man who held up his place, with the as sistance ot four others, in November, 1900, as he originally testified. The police took Leo back to Jail for the officers to hava a last look at blm Inantiaipatlon of future needa. Detective Drum my said: "Leo belonged to a bad bunch and waa the worst In It, He bss been twice prosecuted here and the last time Judge Baker sent him over the road tor thirteen years. Leo has friends and money somewhere behind him and engaged lawyers, who persuaded the supreme court that there was an error In the original pro ceedings. He waa remanded for a new trial, but in the meantime some strange force had gotten to work on Duke and he coudn't be relied upon, so the county had to let Leo go. "Of the four men who were with him In the Job, Whltmore aad Parker took on an other pal named Endman and the three robbed St. Paul people of about $30,000, winding up by fatally shooting a policeman who caught them while they were at work." ROURKE APPEALS BROWN CASE Flicker Will Play with Omaha fa First Game at Kaaaas City. A dispatch from Peoria says that Manager Rourke ot the Omaha Baae Ball club haa aooealed from the decision of President gexton In the Brown case to the Aeaocla tlon ot Union Base Ball Clubs. Brown claims that he did not sign a contract with Terra Haute lsst yesr and Rourke says the claim Is based upon a three-year clause of a previous one. Brown will pitch Omaha' opening gam at Kansas City. PERSONAL PARAGRAPHS. On account of the serious Illness of his father st Osceola. Neb.. Lieutenant La- Vergne C. Gregg has been granted a leave or absence or one montn. City Engineer Rosewater has returned from his business trip' to Oklahoma City, brlnaina- with him Mayor Jonea of that metropolis, who will be an Omaha visitor lor a rew as vs. A telegram to Rev. T. J. alackay atates that his son, Odin C. MackSy, waaonerated on for appendicitis at the Mssaacnusetta general hospital at Boston. The condition of the patient u saia to be satisfactory. John Grant left leat nlht for ten days' visit in new iora. Disclaiming inst lie guee on any business mission. He will be accompanied by his daughter, ldra. Edna Cornell, wno naa seen visiting at her par- ente nome nere tor nve wesae. Mr. J. E. Clifford, ahead of the Plato shows, la In Omaha making arrangemente lor toe coming oi ni attraction next wee Charles D. Thompson attrnded the ses slon of the Nebraska Btste Press assorts. tlon at Lincoln Wednesday. He reports a tun attendance ana an interesting program 0. R. Rush, aaslstsnt district attorney, has returned from St. Paul, where the cajte of tn united mates saalnst Adam For r ester waa iriusd and submitted. Forres. :er wss convicted a year ao of selling liquor to the Indians aud son fenced to a year and a day In the penitentiary. He la out on nana penning an appeal. Mar'ln Sug&rman oi the county Judge's office went to Chicago last night to be ab sent a week. McKlnley lodge, of the Inde pendent Order Bnal Hrith Is aendlng blm as delegate to the district convention ef the order, whlob will be In seaelon at the Felmer nouse nest Mondsy, Tuesday and Wednesday. The district Includes Illinois. low neersaaa. THE OMAHA TWO ASSESSMENTS SETTLED Compromise Fignrei on Dectric Light and Telephone Froprtiei Aoceptod. OTHER CORPORATIONS TO FIGHT IT OUT Hascall Introduces aad flecares Adop tion of Special Rales Prorldlaa; for Freejaeat Esccatlre Bes sloas of tba Board. Board of Board of Equalisation Review Ass m t. An m l. New Omaha Thomson Houston Electric Light Co $176.0"O $117,600 Nebraska Telephone Co... 17j.iO0 109,310 There were two dlstintice features In the hearing before the Board of Equalisation Thursday. One was the acceptance by the board of the compromise figures of $176,000 as the assessment of the electric light and telephone companies; the other ass the discovery during the sfternoon session that the gas compsny had sent its books and records to Philadelphia, thereby removing them from the Jurisdiction of the court. O. W. Clsbaugb, secretary of the eoraoany, testified that his concern bed been running for the last four months without ledger, Journal or day book. In the forenoon the board fixed the as sessment of the electric light and telephone companies at $176,000 each, being the amount agreed upon In the conference be tween the tax committee of the Real Estate exchange and the corporation officers dur ing the last two weeks. These figures were announced early In the forenoon by Attorney J. H. Mcintosh, representing the complainants. After a discussion of an hour the board went Into executive session and In twenty minutes returned to the council chamber, when President Karr read this report: Eight of the members of the Board of Equalisation have determined that $175,000 is the proper assnssment to be made In the case of the Nebrieka Telephone company and also In the cane of the New Omaha Thomson-Houston Electric Light company. That being the case, the proper finding and Judgment In each of said cases will be written out and submitted to the board within a reasonable time, upon which roll call can be had. The member who declined to accept the compromise figure was Zlmman. Councilman Lobeck made this explanation: "We estimated," said he, "that the prop erty of the electric light company was worth $605,000. Deduct $100,000 from this, as representing the value of the company's property In South Omsha, and from this result $76,000 more as the value ot the com pany's real estate, and we have a balance ot $430,000. Forty per cent of this ta $172.- 000. We raised this to $175,000 tn order to make the figure even. In the case of the telephone company, which has no bonds, we figured that Its property in Omaha Is worth $121,000, and that Its franchise was worth $54,000." The board then took a recess until S o'clock In the afternoon, when the Investi gation of the gas company's valuation began. Crowd In Coancll Chamber. There were about 200 men present when at 10:15, the council wsa called to order as a Board ot Equalization. Every councilman was at his desk. Among the well-known men Inside the rail were C. E. Tost, Frank Murphy, W. W. Morsman, John L. Webster, Major R. 8. Wilcox, R. S. Hall, B. R. Ball, M. J. Kennard, William Fleming, F. D. Wead, O. E. Prltchett, E. W. Nash, Wil liam G. Shrlver, George F. Morton, Ell S. Garrett and C. F. Harrison. The moment the gavel sounded Hascall was on his feet with a motion. ' He moved that C. C. Valentine be designated aa the official teporter for the board. The motion carried. He followed It at once with an other, to the effect that a code of rules he held In his band be adopted for the gov ernment of the board. The code, which was read by the clerk, follow: Reeolved. That this Board of Eauallsa tlon does hereby revoke, rescind and re peal all existing rules and regulations gov erning tne action of this hoard, and here after its action shall be governed and Its procedure regulated Dy sucn special rules to facilitate and expedite Its DUHlness as may be, from time to time, adopted for mat purpose, or as may be determined by a majority of Its members In all cases where the special rules In force are not appucciDie. (Special Rule No. 1 That durlna the hear ing of the pending complaints, or of any of them, no one shall be admitted within the bar or tne council chamber when the board is in session, except the members of the board, the city clerk and his assistants the city attorney snd the assistant cltv attorney, the aergeant-at-arms and his as sistants, a court reporter, comnlalnnnts Bhiiver and Morton and their attorney, the five corporations by their representatives ana attorneys ana witnesses at the hear ing when called and during the time they are on the witness stand giving their evl- aence. Visitors Mast Behave. Special Rule No. I Anyone mav nr.punv the seats In the council chamber outside na oar aurina ine sessions or the hwni provided they preserve order and dn nnt disturb the business of the board nor Inter fere wun tne transaction of Its business. A breach of this rule will subject the of fender to removal from the connrii cham ber and a forfeiture of any further right Special Rule No. S Whn a cnmnlalnt Is called for hearing the complainants or their attorney may present any legal evi dence or testimony he or they may have iii,iauir io i iic rase to sustain tne corn- Plaint. Tne nearina- shall nroreod with. out delay to the conclusion, and to facili tate the hearing when the complainants ask delay to present further testimony, the party complained of shall have the right to proceed and Introduce any evidence that said party has resdv for production: or. tne board, on Its own account, mav fur nish any evidence that it ilmnu matoriar on sucn nesring. ir. However, the com- plslnants, berore the termination of the hearing, shall have further material and legal evidence to produce and are ready to do so, they shall be allowed that privi lege, and the party complained of shall have the same rlaht. Special Rule No. 4 No roll call can tw demanded except on findings and final de termination and Judgment. If any differ ences arise as to the admission of evidence or any vital method of procedure, the members of the Hoard of Equalization shall retire to tne committee room and there adjust and determine the matter; where upon, they shall return to the council chamber and the chairman of the board shall announce the decision. The derision thua made shall be binding upon the future sctlon of the board and the point cannot again oe raiaea. Special Rule No. 6 Before any final vote shall be taken on the findings, determina tion and Judgment In any case, the mem bers of the board shall retire to the com mittee room and talk over snd consider tne evidence in tne esse and the law ip pllcabie tnereio, and ir they can agree upon the proper Undines snd Judgment In the matter, the same shall be written nut In full and announced by the challrman on return to the council chamber; and, there upon, roll call ahall be had on their adop tion. On a failure to agree at such con ference on the proper findings and Judg ment, the majority of the membera of said board may agree on the aame and present tne same to saia ooara tor us action. Factional Llaea Drawn. This afforded the first opportunity for the drawing of lines between the two factions President Karr announced: "If tbsre s bo oojscuon, tneee rules will be adopted." Zlmman demanded roll call. The vote was: Ayee Karr, Hascall, Trostlsr, Whltehorn Mount 4. Nays Burkley, Hoys, Lobeck, Zlmmsn 4, Attorney J. H. Mcintosh, representing Complainant Shrlver and Morten, explained to the board -tljat there had been a con ference between the complainants and cer tain of the Ave public ssrvtc corporations "The complainants, representstlves ef the Nebrsska Telephone company and the New Omaha Thocnaon-HoustoB Electric Light compsny, and a number of substantial tax payer of Us city, hav held several con DAILY BEE: FRIDAY, ference," said he, ''and. In order to ex pedite matters and settle all differences as promptly as possible, we sgreed upon a cer tain figure a a fair appraisement of the "We regard this as any other litigation." answered Mr. Mcintosh. "The litigants rsn sgree, and in such rases the court usually screpts the agreement without fur ther Inquiry." 'For my part, I shslt follow the advice of the city attorney," said Mr. Mount. Hascall ssld: "Let both sides, the real estate people and the corporations, come In snd ssy what Mr. Mcintosh hss said, and maybe we can consider It." Morsman Talks for Coin promise. Attorney W. W. Morsman, representing the telephone and electric light companies, spoks in part as follows: "I hsv hesrd what Mr. Mclntoeh has ssld, and his state ment Is fully In accordance with the farts. I csn see no legal objection to this board accepting this decree. When two litigants agree the court doesn't usually concern It self with whether that agreement Is right or wron. "In the esse of the telephone company, I will ssy thst we gave the tax committee of the Real Estate exchange all the Informa tion we could have given this board, and more. We went Into the question thor oughly. The tsx committee thought our appraisement should be $200,000, and our figure was $121,000; we finally agreed on $175,000. The same facts are true In a gen eral way of the conference between the electric light compsny snd the complain ants." City Attorney Connell said: "I do not consider that this compromise figure Is binding upon this board. My opinion Is that this proceeding Is not a law suit, In the strict sense of that term, and that, under1 the supreme court' writ, this board must take evidence, hear testimony, bring In the books snd records and do literally what the court commands It to do." Hascall moved that the question be taken under advisement and that the board go Into executive session to settle It. Lo beck objected. Mount said: "The mem ber from the Fifth needn't be afraid of the executive session. If he wants to send for anyone the city attorney or any cf the corporation 'attorneys, or Mr. Mcin tosh he may do so." "That's all right. If you're in the ma jority," retorted Lobeck. "But we in tho minority were sat down upon pretty hard last January, and you have been sat down upon since. Now we'll play the rubber and see how we come out." The board went Into executive session at 11:40 and returned to the council chamber at 11 o'clock. It was reported this afternoon ttit the Omaha Street Railway company had de cided to accept the compromise figures fixed by the Real Estate exchange tax committee and consent to the raising ot It assess ment from $550,000 to $1,800,000. Current Literature With Its issue for May the North Amer ican Review begins Its eighty-eighth year and a glance at the table of contents ot the new number will show thst age has been Impotent to wither the powers ot this great periodical, which seems to grow stronger and more alert with advancing years. Count M. Mataukata. formerly prime minister of Japan, explain the Financial System of Japan" and makes It plain that Its rapidly Increasing national Income will abundantly suffice to enable the Mikado' empire to perform any duty that may tall to It in th new position It ha assumed among the great powers. Sen ator J. P. DoIUver axpeunds the "Signifi cance of the Anglo-Japanese Alliance." Andrew -Carnegie calls, attention to "The Opportunity of the United State" to ac quire unrivalled glory by acting toward the Filipinos In the same way as toward the Cubans. Mark Twain undertakes "A De fense of General Funaton." Sydney Brooks, after seveeej months ot personal observation of the condition. of things in the peninsula, describes "The Situation tn Spain." Colonel W. H. Carter, assistant adjutant general of the United States army, inquires, "Will America Profit by Her Re cent Military Lessons?" Senator J. T. Morgan considers "The Choice ot Isthmian Canal Routes" and give reason for his preference for the route through Nica ragua. will Carleton'a Magazine. Everywhers. for May is one of the brightest and most ntrtlnlnr numbers of that unique monthly that have come to hand. There are several contributions In the facile poet's most charming style and many short k.trhns and stories that tor grace, beauty and real human Interest might have been written by the brilliant editor himself. A most timely and Interesting feature Is th reminiscence of Rev. Dr. T. De Witt Tal who was for many years Mr. Carle- ton' neighbor and most intimate friend. i ' i "Der Prosess," by Roderlch Benedlx, and trinoi- Muss Helraten." by A. Wllhelml. edited by M. B. Lambert, boys' High school. Brooklyn, have been printed in a nt uttu hook this month by the Amer ican Book Compsny. These two play are among those recommended for elementary reading by the Modern Language Associa tion of America. They are excellent ex- mniai nf the brief comedy, replete with fun and sprightllness. They furnish prac tir in cnlloaulal axoressions, and will be of great help In teaching the Idiom of the Urii.. The notes explain difficult points, and the vocabulary Is complete. Ex tremes for re-translatlon. based on th :ext. afford material for thorough drill in German pross composition. 'Parablea of Life," by Hamilton Wright Mable. published by the Outlook company. bringing up helpful lessons from nature and experience. It Is a helpful companion for a "blue" day, containing truth and soothing thought that makes on feel some of the good things In living. Th chapter on "That Which Abides." only one out of the many, closes with the follow ing: "And while be doubted, a vole oarae to blm saying: 'In thy heart thou didst hate uncleanneas and love purity and that only which we love abides.' " NEW CLUB OF REPUBLICANS Organisation Bearlac the Same of the Late President Electa Officer. Th McKlnley club effected a permanent organization last night at Washington hall by electing the following officers: Frank Crawford, president; Harry Foster, Elmer J. Neville and H. P. Leavltt, vie presi dents; C. B. McDonald, secretary ; Clyda Sundblad, treasurer; Jo Marrow, sergjaat- at-arms; C. E. Morgan, C. L. Kcooard Charles W. Fear, with th president and the secretary, directors. Ths meeting wss called to order by th temporary chairman, Harry Foster, with C. B. McDonald secretary. Th minute of the last meeting wss read and tb books opened for Joiners. Ths constitution, which was adopted at tb last meeting, provides among other things thst a day be set apart annually to be known a McKlnley day, at which time a banquet or suitable enter tainment will be given In honor of tb dead president. Th constitution also provides thst n person over $1 years of sgs rsn oecom an active member of ih club, A Isrgs crowd wss present and tber was much atausiasm. MAY 9, 1901:. AFFAIRS AT SOUTH OMAHA So Effort Likely to Bo Mads to BetneM tho Specitl Taiss Declared InTilid. BOARD OF EDUCATION DISAPPOINTING Fall to Take Any Aetloa on Trackers r aerlaaj tbe Aa en Janitors Al iased te Have Been Too Basy wltk Politics. In all probability tbe much talked of matter of attempting a reassessment of ths special taxes ot the city of South Omsha. which have been declared Illegal, will never be attempted. At the time the present char ter of the city was drafted. It was the inten tion of Mr. Lambert, who drafted the sec tion pertaining to reassessment to so ar range the matter that a reassessment of the void taxes could be accomplished. How ever during the time that Mr. Lambert was city attorney the attempt to reassess the special Improvements was never made, and now that Mr. Murdock is city attorney 11 Is understood thst he has openly declared that a resasessment could not be msde so as to b legal and binding. This lesves the special assessments that were made by the city councils of the city prior to the year 189T In about the ssme condition that they were at tbe time all of the suits to set aside the taxes were started and in all prob ability the last effort of the city to reim burse Itself for the money expended on the old grading, paving and sewer districts has been made. The extreme care In passing upon spe cial Improvement petitions that was exer cised by Mr. Lambert Is being followed by Mr. Murdock, and every precaution I gelng taken to provide agatnst future invalid pro ceedings ct the council In passing ordi nances providing for the special Improve ments. The council when sitting as an equalization board will hereafter be under the personal supervision of the city attor ney. It wss almost directly upon this one question that the bulk of th special taxes were declared Illegal, the court holding that the council acted In an Irregular man ner when acting as such board. At the annual levy which will be mad thla year ample provision will undoubtedly be mad for the paving of Intersecting alley and streets. Thus far there has been insufficient money in the treasury to per mit the council to allow special Improve ment work to go on and the city attorneys have refused to sanction such work until sufficient fund were provided, as la dictated by the present charter of theclty. No Teachers Elected. A great group of spectators was allowed to leave the High school building last night disappointed. If they went there expecting to see much of importance accomplished. Other than to name the census enumer ators, nothing of Importance was accom plished, and tbe subject ot ousting political Janitors and electing teachers was not even touched upon by the board, The school board appointed the following census enum erators: Mrs. Mary Newman, J. O. East man, Mr. Mullln. S. E. Ralph, C. W. Wil liams and P. A. Barret. A great many ap plications for the position ot teacher and Janitor were read by. Secretary Lott, but other than to file them away, nothing was done. It is expected, however, that at th meeting Monday night, a number of teacher wil be chosen. Schroeder was the only member absent. Stockman la Injured. J. B. Buckley of Btromsburg, a prominent stockman at that place, was quite . se. verely injured at the yard yesterday morn ing. Mr. Buckley had brought stock to the market, and a hs was about to leave the .train a sudden stop threw him to the floor. He waa carried to th office of the Cox-Jones Commission company and a doc tor was sent for. It-waa feared last evening that he had suffered Internal In juries, although th full extent ot hi in juries could not then be determined. Hot After Peddlers. Tbe pollc are now dally arresting ped dler who have failed to secure license to carry on their traffic. An ordinance ot the city council provides that before doing business her they shall first secure th proper license, and Chief Brtggs hs In tructed his men to arrest all persons vlo. latlng the ordinance. Two arrest were mad yesterday. Crowds Attend Horse Sale. The horse sal which commenced at the yards yesterday morning drew tn largo crowd from Iowa, Kansas and Nebraska. Some of the finest horse ever on exhibition at th yard are Included tn this auction. Th sal started Successfully yesterday, with spirited bidding. Some of the stock brought large prices. At the auction yes terday afternoon. In addition to the buyers present, tber were quite a number ot spectators from Omaha and South Omaha. Th sale will continue today and tomorrow. Jess Barr Explains. Chief of Pollc John Brlgg returned from St. Louis yesterday morning, bring ing with him Jesse Barr, the young man who la charged with having mortgaged property under assumed nsmes and then having removed th same from the state. Barr was seen at ths Jail during th after noon and stated that the whole trouble waa practically patched up and that he did not think he would have to stand trial. He stated that he was always ready to pay th mortgage and was yet, but that now he bad been brought back from St. Louis It The Present Price of Beef Emphasizes the fact that people can get along with a great deal less meat. RALSTON BREAKFAST FOOD takes every place of meat and pos sesses some advantages over it it's more healthful; gives the same strengthening power at one-fifth the cost, and it is delicious in flavor. The users of Ralston have happily dis covered these facts. You will get the same results. Try one 15c checkerboard package. AT YOUR GROCE.IVS. B was demanded of him that he pay all cost of the prosecution. M. D. Msnn, who In dorsed the note for Barr, and who Is ssld to have been Instrumental In the arrest, stated thst he wss not anxious to be se ver upon the young man; ttast he signed the note with him merely aa an accommo dation. Barr'a brother from Iowa came yesterday and Is endeavoring to settle th matter. Kelly Inqweat Today. The Inquest of John Kelly, tbe young men who was killed at the Swift A Co. plant Tuesday, has been postponed until this afternoon. Tbe remains were removed yes terdsy afternoon to the residence ot the parents of the boy, Twenty-ssventh and T streets, and the funeral will also be held this sfternoon. It now sseans that be at tempted to descend a stairway that had been closed for repairs. Th first tep be ing defective, be rolled to the bottom, strik ing his hesd against a heavy timber, frac turing th skull. He had beea employed at the Swift plant for a long time. Amusements. At the Boyd. "The Country Girl," a comedy In four acts by David Garrlck. Produced for the first time In Omaha Wednesday night by Kathryn Kidder and her company. The cast; Peggy Kathryn Kidder Allthea Marlon Aahworth l-ucy Olga Filnck Moody T. C. Hamilton Harcourt IauIs Massen fparkln Robert V. Ferguson Hellville Orr 8. Cash William Seymour Stratton John Charles Palmer Kathryn Kidder's revival of th play made by David Garrlck from Wycherly's story of "Tho Country Girl " csn fasrdly be ceiled a success In any way, and it I proved a keen disappointment to tbe rather small audience which witnessed the Initial Omaha presentstlon last night. Certainly there Is nothing in It that merits the ad vance ot the price ot admission, ss tbe supporting compsny and production as well are both rather ordinary. The play also possesses little merit snd If Dsvld Gsrrlck's acting was on a par with his efforts st play-writing, plsygoers of the present day should be thankful that his time was ot an earlier century. It Is evident, however, that some liberties have been taken with the original version of "The Country Girl," as It is hardly probable that a man of Mr. Garrlck'a reputation and evident good Judgment would allow a play of ao little merit to be produced under hla name. Miss Kidder herself U charming In th part of tbe Uu&oijhlsticated country girt, but even her ability as an actress and per sonal charm could but slightly leesen the disappointment. Louis Massen and Robert V. Ferguson were the other member of the cast whose work was acceptable. Th play will be repeated tonight. ANNUAL OF LOYAL LEGION Captain A. Alice of Omaha Eleeted aa Commander for Ensuing Year. Thirty member of th Military Order of the Loyal Legion of tho United States, commandery ot Nebraska, held their an nual meeting and banquet In Omaha Wednesday afternoon and evening. At t p. m. there waa a business session in tb commandery room In th Ramge block, at which the following officer were elected: Commander, Captain A. Allee, Omaha; senior vice commander. Lieutenant George E. Prltchett, Omaha; Junior vie com mander, Capaln Lorenzo Crounse, Ft. Cal houn; recorder, Lieutenant F. B. Bryant, Omaha; registrar,. George H. Palmer, Omaha; treasurer. Captain John T. Bell, Omaha; chancellor, Dr. V. H. Coffman, Omaha. The following officer were elected a members of tbe council: Lleutensnt O. Home, Syracuse; Lieutenant Don C. Ayer, South Omaha; Lieutenant Edward Updike, Harvard; Captain D. L. Thomas, Omaha: Captain John A. Manchester, Omaha. Following the election of officer a ban quet was given at the Millard hotel. Re sponses were made to a number ot pa triotic toasts. CEREMONIES AT MONUMENT Outline of Program for I'nvelllnsj of Shaft In Memory of Com pany L'a Dead. The committee on unveiling ask all Spanish-American war veterans to meet at Tweoty-tourth and Parker street Sunday afternoon at 1 o'clock to march to Prospect Hill cemetery tor the services at the new Company L monument. It Is preferred that all appear In khaki uniform or in blue. Custer, Crook and Orant posts, Grand Army ot th Republic, are to rendezvous at tb same place at the same time. Judge Lee Estelle, now talked of for state commander of the Grand Army of tb Re public, I to deliver the addreaa of tbe day. Rev. E. F. Trsfi will make the opening re marks, Mayor Moores Is to be master of ceremonies. General Bate, Department of the Missouri, will be celled upon, aa will also Governor Savage. WASHINGTON, May I. The senate to day made these confirmations: Marshal S. J. Shine, northern district of California; H. Z. Osborne, southern dis trict of California. Judges Court of Prlvste Lsnd Claims J R. Reed. Iowa (chief Justice); II. C. Sluss. Kansas; W. W. Murray, Tennessee; F. I. Osborne. North Carolina; W. F. Stone, Colorado, THIS IS IT. Know bv the sign ST. JACOBS OIL Cures Rheumatism, Neuralgia. 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