Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 11, 1902)
8 TITE OMAHA DATTjT" TOKi SUN DAT, MAY 11, 1902. CURRENT COUNCIL TROUBLE OVER HORSE DEAL One Man Tradei Back and ii Arraited on the Charge of Stealing. JUSTICE HOLDS HIM TO THE GRAND JURY lays He Had a Week to Try Oat III, Bargain, bat the Other Part? Kara It Wh aa I ncondltlonal Trade. James Simmons was bound oyer to the grand jury yesterday by Justice Smith ot Crescent City on a charge ot stealing two fcorscs, the property of W. F. Pike, a farmer of Crescent township. Simmons formerly owned the two horses, fcut a few days ago traded them to Pike for two mules, three chairs, one calf and tl la cash. Pike borrowed the dollar from his mother, according to his testimony. Simmons was not satisfied with bla bar gain and in the absence of Pike from his home took back the two horses, leaving the mules in their place. He was arrested In Crescent City and claimed that under the terms of the trade he was allowed to work the mules for a week and if he found them unsatisfactory return them. This Pike dented and his version of the trade was. supported by witnesses. Simmons gave ball. Fsnersl of Ina Wilcox. The funeral services over Ina Martha, daughter of Mr. and Mrs. J. F. Wilcox, at Broadway Methodist church yesterday afternoon were attended by a gathering of friends of the young woman and the be reaved family which entirely filled the church. The floral tributes were of the most beautiful character and completely filled the chancel. Conspicuous among the floral offerings was a beautiful set ploce of white roses tied with long white ribbons, which graced the pew usually occupied by Miss Wilcox, the tribute ot the members of her Sunday school class. The pastor. Rev. W. J. Calfee, was as sisted by Rev. D. C. Franklin, D. D., pre siding elder. Burial was in Walnut Hill cemetery. These were the pallbearers: Misses Nellie 8wanson, Bertha Bollinger, Bessie Crane, Bey Carter, Bessie Moomaw, Ethel Shubert; Bertha Wheeler, Hazel Pip pin. , Homes for All. For sale at low prices and easy payments, homes in all parts of the city. Including soma of the nicest residences and those of moderate size. Also dwell ings and business property in Omaha. Farms bought and sold. It will pay you to see us at the office ot J. W. Squirt. Da, vis sella paint. Reception to Graduate. The reception ot the Council Bluffs High School Alumni association to the gradu ating claas ot '02 will be held the evening ftf June 6 In the Royal Arcanum hall. These committees have been appointed to make the necessary arrangements: Invitations Fred Johnson, Grace Slga foos. Rice Shugart. Collections T; B. Larey. Jr., M. W. Ray mond, Alice Hooker, Fred Johnson, Miss Morgan. Programs A. O. Norene, Miss Alice Hooker, Robert Reynolds. Refreshments and Decorations Rice Shu gart, Henry DeLong, Jr., Miss Nellie John son. The association will meet Tuesday even ing at the High school building to perfect Nana for the reception. Plumbing and heating, Hlxby It Son. sYrransTtaaT for Philippine Veterans. The citizens' committee appointed by Mayor Morgan to make arrangements for entertaining the meeting of the National Society, Army of the Philippines, In this city (n August met last evening In the of fice of Manager Hart of the waterworks company and organized by electing Mayor Morgan chairman, H. W. Binder vice chair man and I. M. Treynor secretary. The appointment of subcommittees was left to the chairman, vice chairman and Secretary, subject to the approval ot the general committee, which will meet again thla morning at 10:30 o'clock In the same place. Davis aelta grass. (Real Estate Transfers. These transfers .were filed yesterday In Jhe abstract, title and loan office of J. W. kqutre, 101 Pearl atreet: F. T. McPherson and wife to Mason City A Fort Dodge Railway com pany, right of way over n4 sw4 4-7&-4J. w. d S.560 T. T. True and wife to Augusta Cook, lot , Tindale's subdlv. of outlot F, John Johnson's add., w. d 1,500 Maggie J. Kelly and husband to R. , O. Williams, lot t, block 6. Haggs extension, w. d v 1,M0 V Three transfers, total ... . .$ 6.&A0 Gravel roofing, A. H. Read. 841 Broadway. 'N. T. Plumbing Co., telephone 260. Matters In District Conrt. The $5,000 personal Injury damage ault bf Hans Peterson against the motor com pany. In which a Jury had been Impaneled Thursday afternoon In Judge Wheeler's court, was settled yesterday morning be tors the taking of evidence began. The company effected a aettlement for $300. Today Judge Wheeler will hear motions, Bo cases being assigned for trial. The trial of the auit of Peterson against Klopplng Is specially set for Monday. Tuesday Judgs Wheeler will take up the criminal cases. This docket promises to be light. MINOR MENTION. Davis sells drugs. Btockert sells carpets snd rugs. Wollman, scientific optician. 40 B'way. Take home a brick of Metsger's les cream. Vanlla, 26c; Neopolltan, iac. Picture framing a specialty. C. K. Alex ander s Co., 334 Broadway. Tel. Jo. Sheriff Cousins returned yesterday from Pes Moines, where he went on business connected with the Grand Army of the Re public Charles Madison, 69 years of age, died yesterday afternoon at hi, home, 1SL3 South Twelfth street. His wife and three daughters survive him. The plumbers' snd Fairbanks teams of Otuaha will play base ball this afternoon on the grounds at Thirty-fourth street and Broadway. The game will be called at 3:30. The remains of K. Aueuat Haas, who died In this rlty In ItM and was burled la Shelby, la., were brought to this city yes- VITS CLEANED Dyed snd pressed. Special attention given ladtea' aarmenta. Also chenille curtains neatly cleaned, dyed and pressed. 'Phone L-la. Iowa Steam Dye Works, 204 Broaiisray. LEWIS CUTLER FUNERAL DIRECTOR (Successor to W. C. Eatep) M I KARL TRJCBT. Thoao T, NEWS BLUFFS. ierday and Interred In Walnut Hill ceme tery. A marriage license was Issued yesterday to Frank O. Shoemaker, aged 34, of this city, and Mary Bueter of Nebraska City, aged 33. They were married by Justice Bryant. William J. McBeth, a farmer of Carson township, Pottawattamie county, has filed a voluntary petition In bankruptcy. His liabilities; amount to 12.234 and his assets aggregate Jt, all of which are claimed as exempt. , H. Brown and George Brown, who be came Involved In an altercation with Con ductor Fuller on the Owl car at 1 o'clock yesterday morning, will nave a hearing In police court this morning on a charge of disturbing the peace. The Trades and Labor assembly delegates iu iuwh rnipiaiiiin or ljroor, wnirh meets i -enar rtapius way 14. were directed t secure tho next convention for Council HlufTa. It Is understood that this city can nave ii it me BKing. The remains of Frank Davis, who died Thursday In St. Bernard's hospital, will be taken today to his former home In Kmerson, la., where funeral services will be held, after which they will be taken to Biggsviue, in., lor ouriau Lora Chambers, a hostler at the North western roundhouse, wae severely burned aDoui ine neaa ana enouiaers Thursday night by a load of live cinders being dumped on him while he was In the pit wurftiufl uiiuer ail ciiliue. The park commissioners have decided that a roadway along one side of the cut entrance Into Falrmount park, thirty feet above the tracks of the motor company, la impracticable and have abandoned the proposition. Owing to the scarcity of funds It Is doubtful If any new roadway Into the par win ue constructed mis year. Mrs. Amy E. Kempeter, wife of William Kempeter, died yesteraay morning at the lamuy residence, in Oarner township from tuberculosis, aged 29 years. Her husband and ono son survive her. The funeral will be Sunday afternoon at 2:30 o'clock from the family residence and interment will be In Falrvlew cemetery. The service will be conducted by Kev. W. B. Crewdson, pastor of the Christian church. The poll tax collector. A. Fellentreter. suggests that those who find fault with the men wonting out tneir poll tax, and those uartlcularly who are not able to do a tnoil day's work, should pay cash and the atreet supervisor will respond to the needed de mands. Tnose wno claim to be disabled and not subject to poll tax the law pro vides that they must procure a certificate of disability from some reputable nhv. slclan. The Old Colony Trust comnanv of Boston has brought suit In the federal court against the East Omaha Land company and A. B. DeLong. receiver, to foreclose a mortgage, given March 31, 19u2, to secure 12iS,0uo of debenture bonds Issued In lj. The mortgage Includes all the property of the company In Douglas and Pottawat tamie counties except such as has been sold. The trust company asks for the re tention of DeLong as receiver. The pro ceedings are auxiliary to the proceedings in Omaha. ATTEMPT TO ROB FAST TRAIN Three of Wonld-Be Robbers Captured by Trainmen and Three Eacnpe. MUSCATINE. Is.. May 10. It was learned late today that an attempt was made last night to rob the Rock Island fast passen ger train as it was pulling out of the sta tion here. Three men were arrested and jailed. They refuse to give their names. Three others escaped. Two men were pry ing open the express car door wbeu they were discovered and captured by the train men. Spiritualists to Meet at Clinton. CLINTON, la., May 10. (Special.) Ac tive preoarations are being made here for the annual camp meeting of the Missis sippi Valley Spiritualists association, which has a membership of several thousand. The meeting will open Sunday, July 27, and will continue for one month. The asso ciation owns its own grounds, Mt. Pleas ant park, a beautiful twenty-acre tract on the bluffs west of the ctty. The speakers engaged include W. F. Peck, president of the association, who resides In St. Louis; H. D. Barrett, president of the National Spiritualist association and editor of the Banner of Light. Knights Templar Par Trlbnte. IOWA FALLS. Ia.. May 10. (Special.) The Knights Templar of this county ob served ascension day here yesterday with appropriate ceremonies. Delegations of sir knights from Eldors, Ackley, Alden, Dows snd other surrounding points were present snd participated In the exercises. The knights. In uniform, assembled on the streets In the afternoon and, headed by the Iowa Falls military band, inarched to Union cemetery, where the graves of de parted knlghta were decorated. Minister Is Twice m. Target. OSKALOOSA, Is., May 10. (Special.) The conference trial of Rev. O. A. Johnson, who engaged In a duel on the streets a few days ago with a man who charged him with cheating, resulted In his being ex onerated by his brethren. The shooting wss the second affray In which Rev. John son had been the target, the first being when one of the members ot bis church shot at him In his pulpit. Iowa Engine Worki May Merge. WATERLOO. Is., May 10. (Special.) The consolidation of the Davis Oasoltns Engine works and the Waterloo Gasoline Englns compsny seems to be sssured, which will give the city one of the largest fac tories ot the ktnd to be found In the United States. The plan is to establish the factory near the city on the banks of the Blackhawk creek, on the William Clements farm of 100 acres. Mnslcal Festival at Moaat Vernon. MT. VERNON. Ia.. May 10. (Special.) The annual Msy festival of music will be held on the 22d, 23d and 24th. The Splerlng orchestra, composed of fifty male members, has been engaged for the entire period snd the Cornell College Oratorio society of 110 voices will ssslst. Ths sale of aests Indicates ths best sttendance ever known. Baptist Yoaag Feepl Meet. SAC CITY. Ia.. May 10. (Special.) Ths series ot conventions for ths different districts of the state organised by the Baptist Young Peoples' union began In this city last evening. The northeastern district convention opens next Monday even ing at Independence for three days. Farmhand Dlaappeara. WATERLOO, Is., May 10. (special.) The police have been enlisted to seek out the whereabouts ot Henry Bennett, a farm hand who had been employed by Fred Web ster, a farmer near thla city. Tba man disappeared three weeka ago while he was engaged In doing the chores. First White Child Bora In Iowa. SHEFFIELD, la.. May 10. (Special.) Richard Wilds Is dead. He was ths first white child born in. Iowa. He was born at Dubuqus. lis was ths faiber-in-iaw or Mayor B. H. Mai lory of Hampton, Ia. To Oast Telephone Company. YANKTON. 8. D.. May 10. (Special.) A committee recently appointed by the Business Mens' club of this city has re ported that the Northwestern Telephone company, which holds a frarrhlss here. Is charging exorbitant rates sad rendering poor service. A resolution wss passed naming a committee ts secure subscriptions for a local company with ths result that ths necessary capital la nearly all Secured and a saw lias assured. OF IOWA KINSMAN POST TO ATTEND Will Bring Tattered Battltflag of Old Regi ment to the Monument Dedication. FEDERAL OFFICIALS AFTER A DOCTOR Ottnnawa Dentist Threatens Libel Baits and the State Dental Associa tion Rescinds Its Action Censoring Him. ) (From a Staff Correspondent.) DES MOINES, May 10. (Special.) Des Moines old soldiers and especially mem bers of Kinsman post of this city, named after the gallant Iowa colonel whose monu ment Is soon to be unveiled in Council Bluffs, are preparing to attend the dedica tion. May 17. The post will be officially represented at tbs ceremony. Arrange ments have Just been completed whereby the officers ot the post will be permitted to take from the record cases in the state capltol the torn and tattered battle flag ot the Twenty-third Iowa Infantry volun teen and carry It to Council Bluffs on ths occasion.. Held for Bad Use of Malls. Dr. Trotter of this ctty and Miss Anna Carlson, who has been acting as his sec retary, were arrested and today gave bonds tor appearance before the federal grand Jury to. answer to a charge of using the malls for advertising an illegal business. Dr. Trotter conducts a medical institute in the ctty and advertised liberally. It Is alleged by the postofflce officials that as a result of correspondence with him two women entered Into sn agreement whereby the doctor wss to perform a criminal oper atlon at his medical Institute. A warrant hss been sworn out for the wife of'Dr, Trotter also. He waived examination, but Miss Carlson Insisted on a preliminary hearing and showed that she merely acted as clerk and stenographer for the doctor. Library Presented to Grlnnell. Governor Cummins snd State Librarian Brlgham went to Grlnnell today to attend the ceremonies of the presentation to the city of the Stewart library building, the gift to the city of Grlnnell of Joel Stewart of that city. New Corporations. Treynor Savings bank, Treynor, Potta wattamie county; capital, $15,000; W. B. Oaks snd others. Vernon Farmers' Mutual Telephone com pany. Vernon township. Wright county: capital, $10,000; A, Rlsae ar.d others. Grlnnell Electric Light snd Heating com pany, Grlnnell; capital, $75,000; C. C.Jame son and others. No Libel Baits. Dr. Lewis, the Ottumwa dentist who was the subject of harsh censure from the Iowa Stats Dental association on account ot his alleged action In attempting to se cure some sddittonal legislation In regard to the dental laws of tbs stste, threatened to bring suits for libel against the mem bers of the association who were Instru mental In having the resolutions passed and as a consequence ths association for mally rescinded its action and completely exonerated htm from blame. The contro versy has aroused a great deal of Ill-feeling in the dental society and may result in disrupting It. Revision of the Canona. The revision committee ot the Iowa dio cese ot the Episcopal church has been at work the past year on the canons of the church for the diocese and Is prepared to make a complete report at the cenventlon of the church to be held in Davenport be ginning May 20. Corner Stono Laying. The corner stone for the new Iowa Odd Fellows Orphans' home will be laid In Ma son City next Wednesday, May 14, and rep resentatives from many of the Odd Fel low lodges of the state will be present. Grand Master Newman ot this city ' will preside and conduct the ceremonies. PLEA FOR THE BORACIC MEAT Protest la Made by German Chemists and Packers Against Prohibition. BERLIN, May 10. A conference of chem ists and meat packers was held hers to dsy to protest against ths prohibition of the Bundearath concerning ths use of borsclc acid ln the preservation of meat and ths Importation of meats so preserved. Ths opening address wss msda by Dr. Kay ser of Nuremburg. He said 38,000,000 peo ple in Germany were already eating much lesa meat than their health required, that the decree of the Bundesrath. tended fur ther to reduce the available meat supply, limiting ths Imports of foreign and the preservation of domestic meets. In ad dition to this, however, declared Dr. Kay aer, ths meat export industry of Germany would be hard hit, insomuch as it would lose its competing capacity abroad. Privy Medical Counsellor Prof. Llebrech went comprehensively Into ths chemical side of the controversy with regard to ths use of boracle acid. He said the trouble with the experts of ths Imperial health office was thst they considered ths sub ject from one aide only, that they sought to make a case against ths use of borax In any form or quantity, arguing from the principle that If Injurious In large auantltles. it must also be so when used In small quantities. The tendency of food specialists to condemn ths addition of any Ingredients to natural food products Is wholly untenable ln practice, aald ;he eoesksr. Health can be injured by the use of too much pepper or mustard snd small ouantitiea of borax are perfectly harmless. Prof. Llebrech ssid hs had used borax medicinally with good effect upon bis patients. He ridiculed the experiments conducted by the health office as mere scademlc efforts. EYES TAKEN OUT AND SOLD Intolerable Offenses Aro Reported as Indirect Reeult of Honae Testa. VICTORIA. B. C, May 10. Thefollowtng Is a brief translation of a consular report from Shanghai on ths Nlng Po agitation: Tbs Imposition of house tsxes on tbs people lately for the purposs of helping the central government la tbs psyment ot the indemnity -to the powers has given s good chance to the local vagabonds to stir up some disquieting movements among the people. Three hundred natives cams to Nlng Po from Tal Chow, declaring that thsy had been asksd by ons Yang to obtain ths eyes gouged out of children, which hs could ssll to a foreign hospital in Nlng Po, to be used ss medicine. They soon caught a native child and pulled out bis eyea. causing sudden death ot the poor victim. The direct offenders were Immediately arretted by ths police or ths town, who Anally eie euted some ot them. The nstlvs residents la Nlng Po got very excited and began to menace la many ways ths foreigners, to the great apprehension smong the European community in the port. CORRIGAN'S PLACE VACANT Temporary Ineambent Probnbly Will Be Placed In Archbishop Station. ROME. May 10 The correspondent of the Associated Press Is Informed that it Is not likely that the successor of Archbishop Corrlgin will be nominated st the next consistory ana tost prooaciy more than a month will elapse before a decision In the matter will be reached. It is therefore probable that a capitulary vicar will be appointed to administer the archdiocese. Shortly prior to his death Archbishop Corrlgan sent the pope a check for $50,000 as a personal gift in connection with the pontiff's Jubilee. It Is calculated that the diocese of New York supplies the Vatican with most of the Peter's pence, which has now been reduced to about a third of the amount formerly received. M'LAURIN KNOCKS HIM DOWN 9outh Carolina Senator Resists ' His Fist Aaaallant in Hotel Lobby. rlth WASHINGTON, May 10. There was an exciting scene in the lobby of a hotel here tonight in which Senator McLaurln ot South Carolina figured. The senator was sitting In the dining room with a gentle man when he became the object ot aome offensive attention from a man, whose name the senator refuses to disclose and who, the senator ssys, wss under the Influence of liquor st the time. Shortly after this the senator and his friend left the dining room and went to the cigar staad. While standing there the man, who had followed the senator from the dining room, approached him, where upon Mr. McLaurln knocked him down. The man's friends came to his assistance and ended the scene by bustling him sway. The senator wss not struck. There were no srrests. WICHITA MAKES A PROTEST Complalni of Dlacrlmlnatlona ia Rates Favorable to Kan sas City. WICHITA, Kan., May 10. Four new com- plainta were forwarded to the Interatate Commerce commission by the msyor and council of this city today charging that the Rock Island, Santa Fe, MlaBourl Paciflo and 'Frisco railroads are discriminating ,, . , - tj. against Wichita and In favor ot Kansas uuy in in mailer or coai, tumoer ana niK ( .ht Tii. ,ni.i.i. a-, uuiiai vi. hum. iuwuv v " vj bqu tu.i g- Ing discrimination in rates In favor of Kansas City. The commission will meet here June 1 to take evldenoe. MORTON'S DEATH GREAT LOSS Tribute la Paid Late Nebrnakan by Former Prealdent Grover Cleveland. ' PRINCETON, N. J., May 10. Speaking of t.A . m , . . the number of prominent men who have died within the last few days former Pre.l- dent Cleveland said to the Associated p "Mr. J. Sterling Morton, who was at ona time a member ot my cabinet, was tho only one I knew personally, so I do not strike. Raw materials In the textile manu wlsh to make anv comment further than to I facture show a decided Arm undertone, al tar that the rountrv has sustained a rt say mat tne country nas sustained a great loss. was a verv mnA vent." alio uootu vi mo ftuiuur, mi, uiu, Mr. Cleveland was asked today for hi. opinion of the effect on the country of the recent effort of the dressed beef combine. "It looks." said Mr. Cleveland, "as though the packers had overshot the mark. I see by the newspapers that ths markets , ., , , . . . , . , are full, and that the farmers' produce Is not being used as freely as formerly, snj that stock raiser, are content to sell tWr cattle at reasonable prices. I Judge the sltuatlon is beginning to assume normal nrnnnrMnm DrOPOrllOnS. NOTORIOUS MAN ROUNDED UP Al Beard, for Whom Reward Is Of fered In St. Paul is Captured. KANSAS CITY. May 10. Al Beard, with many aliases, wanted In St. Paul on a charge of robbery and for whose capture me roinuBBoia uiiicitws uuerea a reward 01 11.500. was arrested here today. Beard Is said to be one of three men who shot and killed Policeman Charles Msyer ln St. Paul a curu., x ...... wuwo iuy were rem- " V".. . -""--"' Willi uu i unu.ijjuta inn i Keynote lor tne mure cheerful tone ln din was broken un at Hanover. Kan.. In 1R9A I trlbutlve trade. The aeneral situation miv and ln 1897 was convicted with two others ... , . .. . of robbing the Bank of Davenport, Neb. He waa also wanted for alleged, complicity In the rnbharv of the Bank of Turin T in tne roDDery or toe Bank of Turin. Ia.. last ran, wnen i,ow was taaen. in Besrd's room here was found burglars' . . i . l , RABBIS ELECT NEW OFFICERS Association Seleeta Dr. Jose Silver man of New York for Prealdent. NEW ORLEANS, May 10. Today wa. the last day of the annual aeaslon ot the Jew ish rabbis of the United States. A long snd interesting report wss presented by a committee on the views and auggeatlons of tbs president In his annual report. The following officers were elected: Honorary president. Dr. Mosea Mttselner. Cincinnati; president. Dr. Jose Silverman, New York; vice presidents. Dr. Joseph Kraukopff, PMi.rf.lriM. .nt rr Rami. 1 Sal ct Fhlladelphla. and ur. eamuel Sale, St. Louis; treasurer, Dr. Levy, Peoria, 111.; recording secretary. Dr. Adolph Quitch- ... . mayer, Baltimore, corresponding secretary, Dr. Rudolph Grossman, New York; execu tive committee, Joseph Ssenger, San Fran Cisco; Leon Pranklen. Detroit; II. N. Fel low. Louisville; Tobias Schlenfelter. Chi cage; Joseph Solt, Chicago; O DeuUch. Cincinnati: Max Heller and L L. Leucht, New Orleans. . JURY FINDS C0PELAND GUILTY rt..ld. k willing of A. r. Ho.. I.- Former Omaha Han Waa Manalaughter. GREEN RIVER, Wyo.. Msy 10. (Special Telegram.) The Jury ln the case of Ned Hartley Copelsnd, on trial for the killing of A. C. Rogers of St. Joseph, Mo., brought ln a verdict of manslaughter Friday aft ernoon. The erlme is punishable in this I state oy connnemeni in me penitentiary for from ten to twenty years. Cope land has not yet been sentenced Iowa and Illinois Share Honors. EMPORIA. Kan.. May 10. (Special Tele gram.) In the Interstate track meet be tween the Normals of Illinois. Iowa. Mis- I sourl and Kansaa held at Midway park I this afternoon Illinois and Iowa represen- tatives made tna pest recoraa. Half-mile run: Campbell, Cedar Falls, IB., wun. VlO-yard dash: Lucaa, Illinois, won. Pole vault: Frederick. Illinois, won. 6hot-put: Kays. Illinois, won. Broad lumu: Jones, lows, won. 120-yard high hurdles: Carman, Iowa, won. Sixteen-pound hammer-throw: Drake, Hlsh Jumo: rVtle. Inmrm-' won There Was a varv Una crowd. Nn raw ords were lowered, nor anv very aood otiaa I mads. I i 1 SMITH DEMAND IS UNPRECEDENTED Consumptive Orders Surpass All Eecords o Nation's History. HOWEVER, PRODUCTIONS ARE CURTAILED Congested by Dlaaatera and Contro verstea Thossh Retail Dlstrlbn tlon Continues - Heavy and Railway Earnlnaa Gain. NEW YORK. May 10. R. 0.. Dun & Co.'s Weekly Review ot Trade says At a time when consumptive demands surpass all previous records In the nation's nistory u is unrortunate mat prouueuou should be curtailed. Vet that is the pres ent situation. Fires, labor controversies and a tornado stopped work at many Dolnts. greatly reducing the output, and many more wage disputes must be set tled before the end of the month or fur nace fires will be banked and wheels cease to revolve. T V. .. , V. n 1 .. , V. AaM i jjn nro tj j inn nu iiirii.. .iuvd ui i. i i ,i n I the largest tlnplat. prant in the world being, rendered Idle "probably for a month. while many foundries and shops were de- I stroyed. Prices of commodities on May 1, a. -hown bv Dun a index number. rose to I tne nignest point in recent years, gaining i 0.4 rxr cent over tne corresponding aaie material decline In some products, notably grain. DigtriDution tnrougn retail cnan nels continues very heavy. Railway earn lngs are steadily gaining, full returns for April exceeding last year's by 10.6 per cent ana iuu oy Z5 per cent. Footwear shops In New England have re ceived more orders, although the aggregate of new business is not heavy. Western Jobbers have not taken all their spring- shoes, while there Is a general tendency to delay placing contracts ror ran. A rew small concessions in prices are reported. Leather Is steady, with Increased trading I '- ceiling Duits. .Domestic nmes nave I BRftiu KUWJII.XU, rnTLiai i y in imciivr vane- A disposition to await developments I la still seen in the textile markets. Recent I oepreion in sn ver fiaa seriously affected I exports to China. I sales at the expense of values. Woolen ods are acarce ,but .the oemand though cotton suffered a sharp setback early ln ,he wek. The collapse of option i pners mum d KiiriDuiea 10 me customary I profit-taking after a vigorous advance. vyTU layed shearing. ThSre has been lem sell- In .or wo' on tne sheeps backs and tlon to holtf their vleld. until satlsfactnrv prices are forthcoming. H. cs vgswh. nerePor,s navJ made the outlook brighter for a normal wheat yield. Exporto from all ports In the United States during the year amounted to t Hft ,!' mJp'T.? there appeared an Increase over the 'S.15S.- 1 6ia bushels shipped a year ago. Special I reporia 10 uuu a noview innicaie mat tne I ,rln wheat nutlnnir la or.r,A flnmn reliir.llnn In BrrMirA nnu ' ra naati V yei?8pspfen,did?eturnsBe raln8 and ,a8t Evidence of larger planting: had a weak enlng Influence on corn, but there still appears an Increase of 25 per rent over tho prices of the year preceding and 60 per i-eiii uver iTw a i hub utile. Failures for the week numbered 21S in the United States, against 187 last year, "u " '" -'"" - year. BRADSTREETS REVIEW OP TRADE. General Situation Active, with Bis I Demand for Building; Material, NEW YORK, May lO.-Bradstreet'a says Tin,,!, ...II,.. .11. 1 t I.U .W. i!ul?,.,X,iB.0.llS. Wir' l',lcVvV1ltyV !he only Important exception to this being noted in the woolen Industry, which is in- terefered with by strikes. I i,,B unsruiru aiiinracue coai situation a,BO 0Verhangs the eastern trade situation. 1 Iron and ateel trades are still pushed to I the utmost tension. Building and all lines i uepenueni mereon are acuv. shnsv ri ta r t i-u 1 1 t imr1lminlhn1 aaAnuU fourtfAh' "l"'1 Bt'ple9K be,ng " hls one-fifth are lower, while as compared at. i."va imii m iiiwiiiii aqu, nunc uiiiy with a year ago four-fifths of all prices have advanced. Railway earnlnra Am really surpassingly good. Ihe feature In Iron and steel is the rarcltv of supplies of nlir Irnn n nri th. strength of the demand for finished prod- ucts, particularly structural materials what few rails are available and whatever tonnage can be secured of bars and plates. Some scattered lots of standard rails have brought Hi per ton this week, aaalnst tha nominal price of fM per ton. uesaemer pig is active ana quick ne liveries will easily bring t'M, while steel .r.flVSiffa.WV while copper Is rather weaker, Little ur no decrease In the demand for lumber la noted. Builders' hardware la ap- paj.entiy Byaiematlcally higher In price, though the formation of the new hardware jobbers' combination is credited with some effect. I Eastern shoe trade advices are nf a heavy number of ordera and larger ship ments than for some time past. leather Is quiet, as a' whole, but hides are stronger. Heavy nquiaaiion occurred in cotton, but later a lar-je pan or tne neciine was re f-n'd":! r.taVane"lar I re-order business. Wool Is active at a I higher range tnan a year ag w neat, inciuuing nour, exporta ror the r:iE?n neat exports juiy i, rwu. in aaie (rorty- nve wwn, aggregate ii.ioi,uw Dusnels, I against lTSt.BH&.fcua last season Com exports aKKreicate 124.755 bushels against 1,679 last week snd 1.63,831 last year. July 1, 1901, to date, corn exports are 25,46,619 bushels, against 157,017,642 last season. Business failures tor tne week In the United States number 179, against 174 last week, 19S In this week last year, 174 ln 1W0, m In 1899 and 260 ln 1K98. SUPREME COURT SYLLABI No. 9962. Concordia Loan and Trust Com pany against Van Camp. Appeal from Iiouglas. Affirmed. Kirkpatrick, C. De partment ria. I. I'nreporieo. L In an action of foreclosure upon a tax aaie certificate and for subsequent taxes and special assignments paid such certlrt- cats and receipts signed by th officer are prima fade of the ya the taxes represented by them. I.r signeu py tne proper unity of re against Relchenberg, Neb., , followed. 2. Property sola ror aennqjeni taxes was described in the tax sale certificate as Balance of tax lot XI. section 31, township 15, range IS, and wss described In the same terms on tba tax lists and county records. In their answer to the petition praying a foreclosure of the tax lien de fendants admitted the ownership by one of the defendants of the property described and their Interest therein as alleged. Held, that under the provisions of section 14!, article 1, chapter Ixxvll, Compiled Statutes, l'l. the description was sufficient No. 10U4. Gregory against Leavitt. Error .. Summer Undenvear.. In all colors, delicate and robust. In patterns dainty and bold. In fabrics of the most refrigerating; weaves, and in both union and two-piece makes. A full line of Munslng and Superior union suits at SI.OO, SI.50, S2.00, S2.50 2-pieco Suits from 50c to S2.50 BRADLEY, c&8. from Lancaster. Affirmed. Albert, C. De partment rvo. 3. Unreported. A judgment win not oe reversed ror er rors of law occurring at the trial unless it is alleged ln tne petition in error and shown by the record that the court erred ln over ruling the motion for a new trial. No. 10762. McConaughey against Farney. Krror from Hamilton. Reversed with In atructlons. Ames, O. k Department No. i;nrcponea. An action cannot bo maintained by vendor or his assignee to recover from his venaee tne purchase price or property con veyed in fraud of creditors. If in such case the transferee participated In the fraud the maxim, in pari delicto net lor est ronaito aerenatism, applies, ir tie did not and the property has been taken from him without his fault by the defrauded creditors mere nas Deen a Breach ot the warranty tine accompanying me sale wnicn will de feat a recovery. no. 10K74. Starr aaralnst Voss. Anneal from Douglas. Reversed and remanded. Kirkpatrick, C. Department No. 1. Unre ported. l. in an action upon foreclosure upon tax sale certificate and for subsequent taxes and special assessments nald such certificate and receipts signed by the proper officers are prima facie evidence of the validity or the taxes represented by them urn against neicnennerg, Men., , lot' lowed. 11418. Sussav aralnst William .T lamn rrewina company, t-rror rrom Douglas. amrmea. Ames. u.. d vision No. x. 1. When the Judgment of a district court n a proceeding- In error to review the ludar. tnent of a Justice of the peace Is sougnt to u reviewed in mis court tne transcript or this court must contain the iuds-ment of the Justice of the peace and such other process and pleadings as It Is sought to nave revivweu or corrected. Z. This court cannot decide whether the oistrict court erred ln permitting an amend ment to tne return or a process, unless the process and the original return thereto or autnenncated copies or tnem, are preserved in the record or bill of exceptions. 3. When the record In a proceeding ln mis couri aoes not contain a transcript from the Journal of the district court of n alleged order made by that court Its ab sence Is not supplied by a recital In the bill of exceptions, certified by the court reporter to be true that such an order was made, If the Judge at the time of settling the bill of exceptions certifies that the recital is false and orders It to bo atrlcken out. 11437. President and Dlrectore of the In- urance Company of North America aaalnnt t'acKer. Anneal rrom Lancaster. Affirmed Pound, C, division No. 2. 1. Alleged errors ln matters of procedure occurring at or before trial, are not re viewable by appeal. Z. A cause or action ror alleged abuae of process and malicious prosecution of a civil suit, oaseo on an attempt to rorerioae certain mortgage In the federal courts, can not be set up by way of counter claim In a aubaequent suit to foreclose said mort cage. 3. The allegation that no proceeding have been had at law, required In foreclosure suits, need not be proved beyond possibility of Inference to the contrary; It Is enough, where no evidence appears to dispute it. If tne piaintirr made a prima facie caae. 11513. Bnyart against Moran. Appeal from uioe. Amrmea. xtames, c, division No. 2. 1. The district court haa power to set asioe, cnange or moniry its judgments dur ing the term at which they are rendered. An application to set aside a decree and allow the Introduction of evidence upon a technical point is addressed to the discre tion or tne court, and error cannot be pre dicated upon the ruling thereon. 2. A purchaser of real estate, who takes his title by quit claim deed, with actual knowledge of the lien of an unrecorded mortgage thereon, and who shows by his answer that he had actual notice thereof, and caused inquiry to be made as to the amount of the lien, cannot afterward claim that he la an Innocent purchaser for valua, 3. Such a purchaser having requested a third person, not the agent of the lien holder, to ascertain the amount due upon the mortgage, cannot defeat a recovery of any portion of the mortgage debt on ac count of a mistake, aa to the amount of the lien, made by such third person. 4. Evidence examined snd held sufficient to sustain the decree. That where there Is sufficient evidence to show pri-na facie that no proceedings have been bad or com menced at law to recover any portion of the mortgage debt and such evidence Is not disputed, the finding of the court thereon will be sustained. 11634. Dockarty against Tlliotson. Error from Douglas. Affirmed. Ames, C, dlvl- 1IJU DO. A. 1. Although agency cannot be proved by the admtnions or declarations of the al leged agent alone, vet If In an action against an alleged principal the latter calls the former as a wltnesa and Induces him to testify that he never represented himself as an agent with respect to the transaction in dispute, the testimony may be contra dicted by proof of specific Instances In which the witness did so represent himself. In other words, he msy be subjected to the same tests of credibility as would be applicable to other witnesaes under I'ke circumstances. 2. An agent who contracts in his own name with respect to matters within the scope of his agency la personally obligated although the fact of auch agency la known to the opposite party. 11529. Clary against Watktna. Appeal from Nemaha. Affirmed. Jay. C. division No. 1. 1. O. died Intestate, leaving surviving her neither Issue nor husband, father, mother, brother, sinter, nephew, niece, grandfather, grandmother or grandchildren. Her near est relative being two uncles and an aunt, cousins and second cousins Held. That under our statute of descent the two uncles and the aunt took the entire estate to the exclualon of cousins and second cousins. 2 It Is the object of our statute to cat off Inheritance per stirpes among collatsrals There's Always Plenty of Hot Water. Where our system of modern open sanitary plumbing has been Introduced. Every Job we undertake Is done In the most thorough manner. Nothing Is overlooked; nothing omitted. Alt work ts done by experts, under Intelligent superintendence, and all materials are flrst-class. We can't allow our reputation to suffer by ceasing to bo the "BEST" plumbers. It we do it, it's done right. J. C. Bixby & Son, 202 MAIN, 203 PEARL ST., TEL 199. Counril Bluffs. Imitation is the sinrerest flattery, but some Imitators of our methods sre not successful'in dupli cating all our excellences hence fall ln giving satisfaction. All we ask Is a trial ot our work and ways a candid opinion thereon. Do you know our prices? Had in snswer to a postal, letter, or personal call. Quick work, fair dealing, fair prices, our watchwords. Bluff City Laundry, WALLACE '& GROUT. Prop's, Phone 314. 22-24 N. Main, Council Bluffs. Cool, Refreshing Summer Drinks If you try one of our favorite summer drinks from our fountain and you do not find It the equal, if not superior, to any. thing of the kind you ever tasted, tell us bo and we are willing to be classed with the biggest prevaricators living. The fact . IS that we keep only the best flavors madn. - Our summer drinks aro not only refresh ing, but pure and whosesome, because wo use only ths best Ingredients in their preparation. If Your Girl Likes Ice Cream and Soda Wo are prepared to accommodate you with a nice, comfortable, aeat and a cour teous attendant to fill your wants. tv are at your service and cordially extend all an invitation to test our summer drinks. We will make your visit as nleaa. ant as possible. GEORGE W. FLETCHER'S Drug: Store. TELEPHONE 276. 10 BROADWAY, . COUNCIL BLUFFS. where at anv nnlnt twvnni h. v.iia.. brothers and sisters the surviving kindred are of unequal degrees. In such case those nearest in degree take the estate to the exclusion of those more remote. Doug 1" against Cameron, 47 Neb., gag, followed. The following opinions will bo officially reported: iOlM. ClOSe A r a t n flu, anas,. A r,nAa t from Burt. Reversed anil ilvra. anjr.t granting perpetual Injunction. Kirkpatrick, C, division No. 1. 1. Where no order has been made bv a county board laying out or establlxhlng a traveled road, the public has no rights ln such road aa against a land owner In ad verse possession, except . such, as are ac quired by dedication and user. Lydlck against State, Neb.. Y 86. N. W. Kep , 70, distinguished. I. To constitute a valid rierilcatlnn of private property for a Dublin hlenwuv it must clearly appear that the owner In tended to dedicate the land for a highway, and that the public by user or otherwise accepted the land for that purpose. 3. Evidence examined and held not to austaln findings and decree of trial court lotx. Achenbach asalnst Pollock Krror from Lancaster. Affirmed. Albert. (' dlvl- son No. 8. 1. A Judgment will not be reversed for errors which are acquired to be assigned on a motion for a new trial, unless t Is Ues-ed In the petition In error and shown by the record that the court erred In over ruling such motion. Z. Verdict examined and held sufficient to upnort the Judgment rendered thereon. 11209. Pecha aaalnst Kastl. Error from Butler. Affirmed. Hastings. C. division No. 1. 1. Denlsl of "each and every alteration of new .natter set up in defendant s answer," and of "each and every other part of aama except such allegations of said anawer aa may be aamiHsion or piainnns, wnue subject to motion to strike, or to mske more specific, being neither general or spe cific denial. Is sufficient to prevent a Judg ment for defendant on the allegations of the answer. 2. Fvldence examined and held sufficient to aupport a finding for plaintiff ln action against a joint owner, ana tne purchaser of a horse-power for conversion of It by a sale. 1 Not nreludlcla! error to leave nut tha element of plaintiff's right of possession In defining conversion where that quostlon so far aa the cane on trial Is concerned, la fairly submitted In another Instruction. 4. Instruction that. If conversion was found, both ae er and Purchaser at tha property were liable, held not error when the circumstance wuicn would ana would not make the vale a conversion had been fairly Indicated. . 110B2. Washington County against David. Reversed, with instructions. Oldham, C, Division No. 2. 1. Where bonds of a county are lasued without any authority the aubsequent con duct of ths officers of tha county toward bonds so Issued cannot create an estoppel which will supply this want of original authority. 2. A grant of bower to a county to laaue bonds In aid of internal improvements, if seasonably challenged, should be strictly construed; but after a long acquteaenae in the exercise of the power, and aflsr the consideration haa fully passod and bon Is are Issued under an apparent authority which have passed Into the hands of pur chasers for value, a mora liberal rule of construction In favor of ths existence of the power should be applied 11174. Hmith against Hmith. Appeal from Boone. Affirmed. Alberta, C, Xilvlaiaa No. . Unreported.
