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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 11, 1902)
TITE OMAHA DATTjT" TOKi SUN DAT, MAY 11, 1902.
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
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
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
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
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
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
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
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-
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.
(Successor to W. C. Eatep)
M I KARL TRJCBT. Thoao T,
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
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
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.
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
ATTEMPT TO ROB FAST TRAIN
Three of Wonld-Be Robbers Captured
by Trainmen and Three
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.
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.
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
) (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
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.
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
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
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
EYES TAKEN OUT AND SOLD
Intolerable Offenses Aro Reported as
Indirect Reeult of Honae
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
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
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
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
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
WICHITA MAKES A PROTEST
Complalni of Dlacrlmlnatlona ia
Rates Favorable to Kan
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
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
"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
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
NOTORIOUS MAN ROUNDED UP
Al Beard, for Whom Reward Is Of
fered In St. Paul is
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
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
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,
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,
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
DEMAND IS UNPRECEDENTED
Consumptive Orders Surpass All Eecords o
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
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.
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
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
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
I re-order business. Wool Is active at a
I higher range tnan a year ag
w neat, inciuuing nour, exporta ror the
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
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.
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
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
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.
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
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'
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
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
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
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
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.
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,
Bluff City Laundry,
WALLACE '& GROUT. Prop's,
Phone 314. 22-24 N. Main, Council Bluffs.
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
If Your Girl
Likes Ice Cream
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
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
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
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
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
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
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.
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