THE OMAHA DAILY BEE: WEDNESDAY, MAY i4, 1002.
NEWS OF INTEREST FROM IOWA.
COUNCIL
MIOn MESTIO.
Pavls Mill drugs.
Gtorkert sells carpets and rugs.
Wollman, scientific optician. 4(4 B'war.
Take home brick of Metrger's lea
cream. Vanlla, 26c; Neapolitan. 2oo.
Joseph W. Smith left lent evening on a
ahort business trip to Chicago.
The Klkc will close the season with a
dance at the clubhouse Wednesday night.
Sherman Morris, rolored, wil arrested
tajit night for threatening to carve J. A.
Howie, a white man
No successor to. Justice Ferrler will he
appointed until at the June meeting of the
Hoard of Supervisors.
Social dance given by Knights and Ladles
of Security. Marcus hall, Tuesday evening.
May II. W haley's orchestra. Admission, 26c,
A marriage license was Issued yesterday
to C. M. Coltraln, aged 21, and Grace Van
Wert, aged 28, both of Omaha. They wtn
married by Justice Bryant.
The grocery store of F. Ollfoll at 1636
West Broadway was broken Into by thieves
Sunday at midnight. They got away with
a large quantity of tobacco, coffee, tea and
canned goods. They took almost half the
stock of these goods. The thieves secured
entrance to the store by smashing In the
front window.
H. 8. Flshburn, charged with the theft
of a bicycle belonging to Agent Parsons
of the Burlington, was Identified yesterday
as the person who sold at a second-hand
store In South Omaha the wheel stolen a
few days ago from Charles Bailey of Har
rison street. He will have a hearing in
police court thla morning.
William Thompson and E. O. Jones,
charged with breaking Into Thomas Ma
loney'a cigar factory and stealing fifteen
boxea of cigars, had a partial hearing in
police court yesterday morning. Thompson
waa Identified yesterday by Omaha officers
aa Mason. Ha Is well known to the au
thorities across the river.
Herman Lund, fireman at No. S engine
house, waa seriously Injured Bunday night
aa the result of a peculiar accident. He
was seated on the coal box at the fire
house when a board gave way and he fell
backward Into the box. A rusty nail pene
trated his thigh about two Inches. Symp
toms of lockjaw set In yesterday morning
and his condition Is said to be serious. He
was removed to his home on Avenue A
and Nineteenth street
N. T. Plumbing Co., telephone nt.
William E. llaverstork Dead.
William E. Harerstock died yesterday
afternoon at his residence, 130 Falrvlew
avenue, from paralysis, after an Illness of
nearly a year. He was 62 years of age,
having been born December 27. 1S49, In
Duxbury. Maes. He came to Council
Bluffs In the early "70a. In the aprlng of
1883 be formed a partnership with Thomas
H. James In the dry goods and grocery
business, which existed up to the time of
his death.
On May 6, 1874. he was married to Flo
rence A. Teal, daughter of Stebblns A.
Teal of the Fremont, Elkhorn ft Missouri
Valley railroad. Besides hie wife he Is
survived by two sons, Charles S. and Hor
ace T. Haverstock.
Mr. Haverstock held the position of
treasurer of the school district of Coun
ell Bluffs three different terms, and It was
while serving as such last July that he was
stricken with paralysis and his partner, T.
H. James, was appointed In his place by
ths court to fill out the unexpired term.
Mr. Haverstock was a prominent member
of the Ancient Order of United Workmen,
being on one of the grand lodge commit
tees,' now In session In Council Bluffs. He
was also a member of the Woodmen of the
World and the Masonic fraternity.
The funeral arrangements have not been
completed.
IJerary Wants Free Telephones.
The" Board of Library Trustees at Its
monthly session yesterday afternoon passed
a resolution asking the city council not
to approve any telephone ordinance unless
It provided for a free service for the pub
lic library.
The board accepted the Invitation to at
tend In a body the Kinsman monument un
veiling exercises and the Memorial day
exercises under the auspices of the Grand
Army of the Kepubllc.
The librarian was Instructed to close
the library on Sundays from the first Sun
day In June until the second Sunday tn
September, Inclusive.
The report of the finance committee
showed a balance of $2,733.95 In tha treas
ury of the library on May 1.
Honrs (or All,
For sals at low prices and easy
payments, homes In all parts of the city,
Including some of ths nicest residences
and those of moderate sis. Also dwell
ings and business property In Omaha.
Farms bought and sold. It will psy you
to set us at the office of J. W. Squlra.
Real Estate Tr
These transfers were filed yesterday lu
ths abstract, title and lean offlcs of J. W.
Squire, 101 Pearl street:
J,c- Squire, trustee, to Ellen L.
Btllwell part lot t In lot 82Vs. origi
nal plat, w. d .7!.. ....$ 1,525
Daniel U Royer and wife to Walter
Beeley, w50 Net lot 11, block 4. Parle
add., w. d (00
Bv?r"? i J"1"1 Llnder, undlvH lot 3,
block 88. Neola, a. d 400
t i Nf"on to Maggie J. Kelly, lot
1, Belden'a aubdlv.. w. d J.S00
John Peter and wife to Anna B.
i hn- westerly 20 feet lot , block
1 7 Baylies' 1st add., w. d 7.000
John Coyle and wife to Alpha Flack,
lot 18, MrOee's subdlv. of block 24,
Ilughes A Donlphan'a add., w. d.... 100
Fremont Benjamin and T. O. Turner
and wives to Paul C. DeVol, e3o'V
feet of w3tt reet lot 1 In aubdlv. of
lot i, block 5, Mynster's add., w. d.. 500
Independent school district of Council
Bluffs to H. P. Butier, lot , subdlv.
of the High school property, w. d.... 625
Bulllvan Aldrlch and wire to Ira E.
Tve, iwli 10-75-38, w. d l.MO
John R. Schofleld and wife to Henry
Welrlch. ne 84; aW se4 27, except
H w n Sa. and ew4 sw4
o-75-58, w. d J
Joseph O. Redman and wife to O. 8.
Blanchard, undWVj of eH aeW 29-77-44.
q. c. d k 1
E. M. Smart and wife to Mary E.
Olney, lot 9, Auditor's subdlv. seW
swfc 13-76-40, w. d .7 4UJ
Kennedy H. Hansen and wife to
Frederick Hansen, e nw4 and
nw4 nw 8-76-43. q. c. d 100
w. n. MCL ienana ana wire to Mason
ft,., A. r. . . t . . ii .
. 4k. Wiv (VllMIIll BI1U WIIV ID MHIQn
City & Fort Dodge Railroad com
pany, right of way over nwU 4-75-42,
w. d 1
Fourteen transfers, total...
.IJS.157
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hl'ITS CLEAlfEtt- t'ti'XO
Pyed and presaed. Special attention
given ladles' garments. Also cheiiilte
curtains nsatly cleaned, dyed and
T.ressad. 'Phone L-818. Iowa Steam Dye
works, so Broadway.
! PWI3 CUTLER
-FUNERAL DIRECTOR
(Successor to W. C. Estep)
urn
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BLUFFS.
AGREE ON ONE FRANCHISE
Aldermen, Sitting u Committee of the
Whole, Approve Dubuque Proposal.
TURN DOWN JOHN H KUHNS' PROPOSITION
Objections to the Latter Is tfce Toll
Rate and the Fact that Hla Com
pany I Not Incorporated
la State of Iowa.
The aldermen, sitting as a committee
of the whole Monday afternoon, decided
to recommend the ordinance submitted by
President 8tevens of the Dubuque Tele
phone company In behalf of ths Interstate
Telephone company for a franchise to the
city council for Its approval and submis
sion to the electors of. Council Bluffs.
The ordinance bad been redrafted by
City Solicitor Wadsworta and only a few
minor changes In ths wording of some of
the paragraphs were made. An important
provision of tbs ordinance as It now stands
Is one calling upon the company to Die
within ten days aftar the electors have
approved the granting of ths franchise a
bond In the sum of 115,000 as a guarantee
that It will carry out Its contract, this
bond to be forfeited In the event of ths
company not completing and having Its tel
ephone system '.a operation within eighteen
months from ths granting of the fran
chise. The ordinance as It came before the com
mittee yesterday afternoon called for the
installation of "long distance equipment"
'phones, which Mr. Btevens explained
meant metallic circuit 'phones, but In or
der that no mistake should occur In the fu
ture the ordinance was corrected to defi
nitely name "metallic circuit, long-distance
equipment."
Asked as to whether he would agree to
furnish free telephones to the schools, Mr.
Stevens said the company had made all
the concessions It reasonably could and
that In offering to furnish the city with
twelve 'phones free It bad done all It
could In that respect. He stated that the
company expected to give a discount of 10
per cent to religious and charitable Insti
tutions. He stated further that to grant
the request of the Board bf Education for
free 'phones for the school houses would
mean a reduction In the percentage of the
earnings that the company could pay the
city.
Superintendent Lane of the Nebraska
Telephone company made a proposition to
the committee to pay the expenses of a
committee or the entire council to St Jo
seph to Investigate conditions arising
from having two telephone systems In a
city. Attorney Wads worth on behalf of
the Interstate company suggested that the
council make a trip to Dubuque and In
vestigate the conditions there, where two
telephone companies were doing business
also, to Inspect the character of the equip
ment that the company proposed Installing
In Council Bluffs In the event of It obtain
ing a franchise.
Alderman Lovett urged the committee to
proceed cautiously. He said It had al
ready In the past had experience In two
competing motor lines and the granting of
a franchise to a new telephone company
might result the same. He said that In
his opinion the council should thoroughly
Investigate the company seeking the fran
chise, even if such an Investigation occu
pied one or three months. Alderman
Lougee- said that he did not question the
good faith of the Interstate company and
It was on his motion that the ordinance
was recommended to the council for Its ap
proval and submission to the voters.
On convening the committee had the or
dinance submitted by J. K. Kuhns of
Omaha on behalf of the International Tel
ephone Company of America read. Objec
tions were made to the 3-cent toll for
svery call on the grounds that it would
prove mors expensive than poeslbly the ex
isting rates, and Alderman Casper opposed
consideration of the proposition because It
came from a foreign corporation, saying
he would never give hie vote to a company
organized out of Iowa. Alderman Lougee
was also primed with a number of objec
tions, and the ordinance was laid on the
table. Mr. Kuhns stated that the company
was organized In Delaware with an author
ized "capital of $300,000,000.
Sealed proposals will be received at tbs
office of the superintendent up to p. m.
Thursday, May 15, for pulling down
wrecked walla of main building and chapel
of the Iowa School for the Deaf, also from
carpenters proposals for replacing roof
over the kitchen. Further Information at
ofBce of
HENRY W. ROTHERT, Superintendent.
SWITCHMANG0ES UNDER CARS
Harry O'.Nelll, Forrnsa of I'nlon Pa
clflo Crew, Instantly
Killed.
Henry O'Neill, foreman of a switching
crew In ths Union Pacific transfer yards,
was run over and Instantly killed at 1
o'clock Monday morning while assisting
In switching cars. How O'Neill happened
to fall beneath the wheels Is not known,
aa none of the crew witnessed the acci
dent. O'Neill's body was terribly mangled
and death was Instantaneous. The remains
were removed to Lunkley's undertaking
rooms, where an Inquest was . held by
Coroner Treynor.
The engine was In charge of Engineer
Campbell and Fireman Thomas, who, with
v heeler and Costello, members of tbs
switching crew, were summoned as wit
nesses at the inquest. Their testimony
showed that a string of ears waa being
taken from the east to the west end of the
yards for the purposs of switching them on
to various tracks. O'Neill stood on the
left slds of ths footboard of the engine.
while the two men under him were on the
right side. The train was moving not
faster than three or four miles an hour
when Fireman Thomas' attention was at
tracted by a peculiar noise and he looked
back Just In time to see O'Neill's lantern
go out. Thomas called out to Engineer
Campbell and ths train was at once brought
to a standstill.
O'Neill's body was found under ths front
end of the fourth car, Marks on ths second
car from the locomotive showed thst It had
paaaed over the body. Fireman Thomas
testified that be did not see O'Neill when
hs looked back, but only caught a glimpse of
ths light from his lantern for a second.
The piece where the aecldent occurred was
Just about where O'Neill was In the habit
of dropping oft the engine footboard to go
across to the right side and assist ths
men with him In switching the cars when
a string of them would be taken on that
track. The theory advanced by the wit
nesses was that O'Neill must have stum
bled la dropping off the footboard and fallen
between the first and second cars.
The Jury, coaslstlng of George Treynor,
Joseph Palmer and T. A. Eaton, returned a
verdict exonerating the railroad company
and crew.
Henry O'Neill was 4S years of age and
had been la the employ of the Union Pa
cific since 1886. He lived st 1624 Tenth ave
nue and leaves a wife and four daughters.
Funeral arrangements will not be made
until after the arrival of relatives from
Wisconsin.
Davis sells graes.
WORKMEN ARE HERE IN FORCE
Everything; In Readiness for the Open
IngT of the Grand Lodge
This Morning;.
Delegates to the Iowa grand lodge of the
Ancient Order of United Workmen arrived
on every train Monday, and by night It
was estimated that 200 visiting members
of the order were In the city. The grand
officers were assigned rooms at the Grand
hotel, which was selected as headquarters,
and here most of the delegates assembled
during the day.
Small triangular flags of various colors
bearing the words, "Welcome, A. O. U. W.,"
are to be seen In all parts of the city and
Royal Arcanum ball, where the session of
the grand lodge will be held. Is gaily
decorated. Handsome badges provided for
ths delegates by the local committee are
much In evidence.
A class of fifty was initiated last night
Into ths mysteries of the side degree of
the order, the Ancient Phoenician Order of
the Nobles of Tyre. A carload of parapher
nalia for the conferring of this degree ar
rived yesterday morning from Des Moines.
Preceding ths opening session of the
grand lodge at 10:30 this morning, there
will be a street parade, which will form
opposite the Grand hotel at o'clock. This
will be the formation:
Escort of Degree Team of Council Bluffs
Lodge No. 270, In Full Uniform.
Musical I'nlon Band of Council Bluffs.
Orand Lodge Officers.
Grand Lodge Delegatea.
Visiting Members.
Delegations and Degree Teams of Omaha
Lodges Nos. 17, 18, M, 9S, 159,
173, 299 and S22.
Delegation of South Omaha Lodge No. to.
Officers and Members of Council Bluffs
Lodge No. 270.
Sioux City Is here with the avowed In
tention of carrying off the meeting for 1903.
Its delegatea are provided with badges in
scribed, "Sioux City, 1903, Sure," which
they are pinning onto every delegate they
can. It Is said that by today the delegation
from Sioux City will be twenty-five strong.
Dubuque is said to be also out tor the 1903
session.
At the afternoon sesaton today of the
grand lodge nominations for officers for
the ensuing year will be made and the elec
tion will be held Wednesday morning.
Mrs. Mary J. Skegg, grand chief of honor:
Mrs. Nelly P. Deets, grsnd receiver, and
Mrs. Iowa Shyrock, grand recorder, Degree
of Honor, arrived yesterday. The Degree
of Honor, the woman's auxiliary to the
Ancient Order of United Workmen, holds
Its grand lodge biennially, and thla Is the
off year. As the grand lodge of the parent
organization has Jurisdiction over the aux
iliary, the grand officers of the Degree of
Honor attend the grand lodge sessions.
These grand lodge officers arrived yes
terday: Past Orand Master Workman R.
L. Tllton of Des Moines. Grand Master
Workman Will M. Narvls of Muscatine,
Grand Foreman W. H. Berry of Indlanola,
Grand Overseer J. K. Townsend of Burling
ton, Grand Recorder B. F. Rehkopf of Des
Moines, Grand Inside Watchman E. Totman
of Creston and Grand Outside Watchman
J. R. Haines of Marahalltown. Also P. H.
E. Sommerfeld of Dubuque, A. Hartung of I
Des Moines and I. P. Van CWe of Mt. Pleas
ant, grand trustees. H. Mlchelstetter of
Sioux City and J. H. Campbell of Des
Moines, members of the finance committee;
F. W. Elchelberger of Bloomfleld, a member
of the law committee, and Henry Lehman
of Des Moines and J. H. Merckens of Fair
field, members of the grievance and appeals
committee.
Plumbing and heating. Ulxby 4 Son,
LAST TOUCHES ON MONUMENT
Everything; In Readlneas for Dedicat
ing; the Memorial to Col
onel Kinsman.
General Grenvllle M. Dodge arrived la
Council Bluffs yesterday morning and will
renjaln In the city until after the unveil
ing of the monument to Colonel W. H.
Kinsman In Falrvlew cemetery Saturday.
General Dodge visited the marble shop,
where the finishing touches to ths monu
ment and ths lettering are being put on.
On the front of the monument, which will
face the south, there will be a large bronze
medallion of Colonel Kinsman with the In
scription: "Colonel William H. Kinsman.
Born July 11, 1832, In Cornwallls, Nova
Scotia. Killed In battle of Black river
bayou. May 17, 1863." On the east side
will be the Inscription: "Teacher in the
public schools of Counctl Bluffs; lieutenant
and captain of Company B, Fourth Iowa
infantry; lieutenant colonel and colonel
Twenty-third Iowa Infantry." Ths Inscrip
tion on the west side will be: "Erected
by his comrades and the citizens and school
children of Council Bluffs, la."
A meeting of ths committees was held
last evening at the residence of General
Dodgs and arrangements for the unveiling
exercises completed.
The procession will form at 1:30 p. m.
on Baylies park and movs at t o'clock. It
will form as follows:
Dodge Light Guard.
High School Cadets.
Kinsman Post of Dea Moines.
Fourth Iowa Veterans.
Twenty-third Iowa Veterana.
John L. Moore Post, Army of Philippines.
Iowa Society Army of Philippines.
Union Veteran Legion.
Abe Lincoln Poat, Grand Army of the Re
public. Veteran Soldiers and Sailors.
Civic Societies.
School Children.
Mayor, Council and City Officials, In Car
riages. Public Library Truatees.
Fire Department.
Citlsena In Carriages.
John Lindt will be grand marshal.
Major General Q. M. Dodge, prealdent of
day.
Lieutenant J. A. Straight. Emmet Tin
ley and J. W. Deweeae of Lincoln, speak
ers. Rev. George W. Snyder, chsplaln.
Abe Lincoln post and Union Veteran
Legion will meet and escort Kinsman post
trom the train to Grand Army of ths Re
public hall.
R. N. Merrtam and William H. Campbell
of Company B, Fourth Iowa, will meet the
Fourth Iowa Veterana and aaalgn them to
their place in the procession.
H. W. Goss and 'aptaln L. B. Cousins
will have charge of the Twenty-third Iowa.
Headquarters of these two regiments will
be at the Grand hotel.
Gravel roofing. A. H. Read, til Broadway.
Davis sells paint.
Wreck on C'hlcasto 4t Alton.
JOL1ET. 111.. May 18.-The Prairie stats
Slate express on the Chicago Alton,
leaving Chicago at i a. m. today, was
wrecked near Elwood below Jollet. Four
coaches were derailed by an open or de
fective awltch and thrown against a high
clay bank, but none of the passengers were
seriously hurt. One woman, reported to be
Mtsa Staehle or Wilmington, was thrown
through a window and cut by glass. Tne
track waa torn up for a considerable dis
tance and traffic delayed.
Pardoned by tne President.
WASHINGTON. May II -The president
has granted a pardon to C. A. 8 Forrest,
who was Involved In the contempt pro
ceeding In the United Statee court In Ban
Franclaoo In which Judge Noyee was the
principal. Forreet was sentenced to one
ysr s impriaotinvsni.
PLANS FOR NEW DEAF SCHOOL
Specification! for Temporary Structure Sab
mitted to Iowa Board.
COAL MINERS AND OPERATORS CLASH
Employee of Twelve Mines In First
District Walk Oat Orrr Wage Scale
Controversy Dairy man Ac
cidentally Shot.
(From a 6taff Correspondent.)
DES MOINES, May 13. (Special.) The
state executive counctl met this morning to
consider the needs of the State School for
the Desf at Council Bluffs. The members
of the State Board of Control presented to
the council plans and specifications for a
temporary structure prepared by the state
architect at their suggestion.
The building would be a one-story wooden
structure, constructed as cheaply as pos
sible, but sufficient for a general building
for the school. In audition to this there
would be dormitories for the boys snd for
the girls. The estimate of cost showed a
total of about $28,000, with the necessity
for furnishing at about (10,000 additional.
The executive council has' at Its disposal
only (35,000 for the entire two years. It !s
possible that the Board of Control may And
other ways of helping out the needs at the
school.
It Is planned In these temporary struc
tures that the most of the material can be
used again In a permanent building when
that Is erected. The executive council dis
cussed the proposals fully with the mem
bers of the board, but decided that no ac
tion could be taken Immediately, and the
members desired to have time to consider
It.
This afternoon the members of the Board
of Control went to Anamosa penitentiary
for Inspection and they will go to other of
the state Institutions before returning.
Nothing definite will be decided as to the
plans at Council Bluffs until another meet
ing Is had with the executive council. It is
certain, however, that temporary struc
tures will be erected for the use of the
school, so that it will not suffer in the
least.
Jndste Monger Holds Coart.
Judge Munger of Omaha arrived In the
city today to hold court for Judge McPher
son, In accordance with the exchange made
by the two. Tomorrow morning he will
empanel the grand Jury and open court. The
docket Is not a heavy one.
The most Important case on the docket
for trial Is that of the United States against
Letson Balllet, accused of using the malls
to defraud in connection with mining ven
tures In Oregon. The case was started at
a term of court last fall, with Governor
Cummins as counsel for the defendant, but
In the midst of the trial oae of the Jurors
was accidentally suffocated with gas and
ths case had to be continued.
Governor Cummins will not appear In the
case this time, but Judge Blshcp, who re
cently resigned from the district bench, will
defond. Judge Zala M. Church of Jeffer
son, la., la also In the city and Is holding
court for Judge Holmes of the district
bench, the latter being 111.
Trouble Over Wage Scale.
The coal miners In the First district, In
and around Cetiterville and Cincinnati, la..
are out ont a strike owing to a disagree
ment with the operators as to the meaning
of the wage scale which was adopted last
winter here.
The operators claim that the agreement
gives them the right to choose to pay either
on a mine run basis or a screen coal basis.
They chose the former and the miners ob
jected and have refused to continue at
work until a settlement Is effected. About
a dozen good mines In the southern part of
the state are affected.
Colored Ministers Disagree.
An interesting event took place at the
weekly meeting of the Des Moines Minis
terial association today. Rev. F. Lomack
of the African Baptlet church, who baa Just
returned from an extended visit In the
south, discussed the paper which had been
read and took occasion to declare his belief
ttat the time Is ripe for a war to free the
colored people of the south again, that they
are not free, but in bondage; that the
Christian people ought to take some action.
After he had finished Rev. Mr. Gray of
the African Methodist church of this city
took the floor and discredited all that hla
colored brother had ssid. A sharp contro
versy between the two took place and It
was only by stern efforts of the chairman
that a fierce encounter was prevented.
New Corporations In Iowa.
The following incorporation papers were
died with the secretary of state today:
Iowa and Minnesota Navigation company
of LeClalre, la.; capital, $35,000; by Grant
Van Sant and others. This Is the company
with which the governor of Minnesota la
connected.
The Edwards Bradford Lumber com
pany of Sioux City Increased Its cspltal
etock to $700,000.
The J. E. Sedgwick Abstract company of
Waterloo increased Its cspltal stock to
$35,000.
Hayward Bros.' Shoe company of Vinton
changed its name to Hayward-Glock Shoe
company.
Fees from the Dentlata.
The state treasurer todav received frnm
Dr. F. A. Lewis, secretary and treasurer of
the Sttte Board of Dental rrimin
$559.40, being excess of tees over expenses
oi tne Doard. This Is the first time In the
history of the board that there has been
a surplus, the exDenses of members hanin.
fore taking up all the fees received. Some
time ago the executive council employed
expert accountants to examine the accounts
of all state officers and boards and .ex
amination was resisted by ths dentists. The
matter has not yet been disposed of.
Play Havoc with trawberrlea.
Secretary Wealey Greene of ths State
Horticultural society has discovered that
unless heroic measures are taken thee win
be a small strawberry crop tn Iowa. The
sawny is getting In Its work In defoliating
the vines, leaving onlv the skeleton nf th
leaves. Unless this Is stopped the crop will
DS greatly reduced. Mr. Greene urges ths
sprsylng of the vines with bellbore or parts
green.
hot While Ont Hunting.
George McCaugbn, a dairyman living in
the country south of Des Moines, was shot
and perhaps fatally wounded Sunday even
ing. Hs sod his hired man were out shoot
ing sparrows when a shot, fired by the lat
ter, struck McCaugbn in the abdomen. Ths
doctors fear that Internal hemorrhage will
result. McCaughn was to bavs been mar
ried wtthln a few weeks.
Iowa Railroad Earnings.
Net earnings of railroads on business
dons In Iowa during the year 1901 were
$1,844,687.(0 more than during the year
1900. Thess figures ars deduced from the
abstracts of reports of railroads which have
Just been completed at the office of Secre
tary Davison of the state executive coun
cil and for the reports of tbs previous
, year. Ths gross earnings show an Increass
of over (3,000,000, but tbs operating ex
penses are shown to be proportionately
larger.
In discussing this feature of the report
Secretary Davison states that he has no
ticed that the railroads have a habit or
figuring up large operating expenses every
time there Is a heavier showing made In
gross esrnlngs. There Is little chance,
then, of the executive council taking ad
vantage of prosperity and raising the as
sessment because of the net earnings. Fol
lowing are tome Interesting totals of the
report of business done In 1901 and com
parisons with the reports of 1900: Aggre
gate gross earnings 1900, $52,354,817.27:
1901. $58.048, 549. 76; operating expenses 1900,
$37,260,745.10; 1901, $39,609,789.99.
The trial of the rase against ex-Sheriff
O. E. Cllmle, charged with unlawfully col
lecting fees for feeding prisoners at the
Appanoose county Jail, which has been In
progress In Centervllle for two weeks, came
to a close Saturday night, when the Jury
brought in a verdict of acquittal after be
ing out about five hours. A similar rase
is pending against the ex-sherlff, but It is
also expected to fall, as the evidence In
both cases is about the same.
BURGLARS R0B P0ST0FFICE
Secure Seven Hundred Dollars Worth
of Stamps at Monroe,
lows.
DES MOINES, la., May 13 The post
office at Monroe, thirty miles south of this
city, was robbed last night by burglars.
The safe was blown open by dynamite
and several hundred dollars worth of
stamps were tsken. Ths explosion wrecked
a portion of the building.
Dennis on Trlnl for Murder.
SHENANDOAH, la.. May 13. (Special.)
At Clartnda before Judge A. B. Thornell
Edward Dennis is on trial tor the murder
of Oscar Miller In this city on December
18, 1901. Miller waa found beaten and half
frozen In the Wabash sand house. Dennis
and two companions, Eugene Mason and
Nesley Irwin, are held for causing the
man's death, but were granted separate
trials. The evidence Is circumstantial.
Choose Site for New Depot.
ONAWA, la., May IS. (Special Tele
gram.) N. M. Hubbard, attorney; Land
Commissioner Cleveland and Superintendent
Hodge, Northwestern officials, were here
today and held conferences with the city
council in regard to the location of the
new depot. It wss decided to erect the
structure south of Diamond street, near
where the section house now stands. Work
Is expected to commence at once.
School Girl Takes Rough on Rata.
SHENANDOAH. la., May IS. (Special.)
Flora Groesbeck, a 15-year-old school
girl, attempted to commit eulclde yesterday
afternoon by taking a dose of rough on
rats. Lard was given her a short time af
terwards b? her sister, preventing a fatal
ending of the affair. The girl gave as her
reason for taking the poison that she was
tired of going to school.
SUPREME COURT SYLLABI
The following opinions will be officially
reported:
10095. Gray against Peterson. Error from
Knox. Reversed. Ames, C. Division No. 8.
Any distinct and unambiguous act evi
dencing an Intention by the seller to part
with the possession and an intention on
the part of the buyer to acquire the pos
session, accompanied by a tradition of the
property from the premises of the former,
or from neutral ground to the premises of
the latter, satisfies the statute of fraud
and suffices to transfer the title so that
the former may recover the purchase price
if it remains unpaid and the latter as
sumes the risk of safekeeping, and may
defend his possession against all the world.
10325. Hare against Wlntnrrer. Appeal
from Deuel. Former Judgment of supreme
court vacated. Judgment of district court
affirmed. Sullivan, C. J.
1. The finding of a trial court upon an
issue of fact is conclusive in this court un
less clearly wrong.
2. If the lender's agent exacts from the
borrower for the use of a money a bonus
or commission In addition to the highest
lawful rate of Interest the transaction la a
violation of the law against usury.
3. Where a person through whose agency
a loan was negotiated rendered valuable
services to the lender, and there was no
reason to suppose that such services were
gratuitous, the court or Jury will ordinarily
be Justified tn presuming that the lender
anew the borrower had been required to
pay for such services.
4. It would seem to be a warrantable pre
sumption of fact, based on common experi
ence, that men who rely habitually, in
business transactlona. on the advice and
Judgment of persons representing adverse
nterests, seldom or never have money to
loan.
5. Evidence examined and round to Jus
tify the conclusion of the trial court that
an agent who had negotiated a loan acted
lor tne lender ana not ror tne Dorrower.
10473. Youngston against Bond. Appeal
from Kearney. Reversed and dismissed.
Klrknitrlck, C. Division No. 1.
1. Under the laws or this state the right
or an administrator to the real estate or
hla decedent Is possessory only, and such
interest is not sufficient to authorize him
to maintain a suit to auiet title to such
real estate.
Z. Where a cross bill asking affirmative
relief against a co-defendant Is filed out of
time, and no summons Is Issued thereon
or served upon such co-defendant, and no
appearance Is made thereto, the court has
no Jurisdiction to try the issues tendered
by such cross bill.
10709. Huffman against Ellis. Error from
York. Affirmed. Klrkpatrlck, C. Division
No. 1. Sedgwick, J., not sitting.
1. Evidence tending to establish a
separ-
ate oral agreement between the parties to
a written contract as to matters upon
wnicn sucn contract is silent, n it aoes
not tend to vary or contradict the terms
of the written document. Is admissible.
I. Instructions examined and held prop
erly given.
10777. uarey against Kelly, r-rror rrom
Dodge. AfflrmedT Day, C. Division No. 1.
1. Instruction that plaintiffs In action
against liquor sellers are entitled to cond
ensation lor loss or support caused ty the
lusband and father's Intoxication from all
who sold or gave him the liquor causing
such Intoxication, held not to assume im
properly any continuity of such intoxica
tion. 2. Instruction that "support" In the
statute aa to intoxicating liquors does not
mean the bare necessaries of life, but such
means aa would enable plaintiffs to live In
a "style and condition and with a degree
of comfort suitable and becoming their
station In life." Held proper.
s. instruction mat me rurnisner or any
Rart of liquor causing tne loss or support
liable to the full extent of the loas, ap
proved.
4. Evidence examined and held sufficient
to uphold verdict for plaintiffs for $400.
ll HZ. 1 nomas againai i nomas. r.rror
from Douglas. Reversed and remanded.
Hastings, C. Division No. 1.
1. Error In placing a law case on an
equity docket over plaintiff's objection Is
waived If at the trial plaintiff expressly
declines hearing before a Jury.
2. Error In holding witness incompetent
and refusing all her testimony is Imma
terial If the testimony offered together
with the proofs received shows no right of
action.
1 Section 31, rhspter xxlll. Compiled
Statutes, In meklng an Illegitimate child
an heir of the person who "shall in writ
ing algned In the presence of competent
witness acknowledge himself to be the
father of such child" only provided for
evidence of paternity of the prescribed
kind.
4. No Intention to make the child an heir
and no diatlnct statement that It Is an Il
legitimate child need appear In the writ
ing. t A woman whose marriage with de
cedent was annulled during his lifetime be
cause ef the existence or a former hua.
band at the time of the marriage Is a com-
Fietent witness against his estate aa to
Acta learned otherwise than by communi
cations from deceased during the existence
of marital relations.
11312 Moseley against Flllebrown. Ap
peal from Mlllmore. Affirmed. Sedgwick, J.
U32. xiail againsi niucr. r.rrur ir'im
Douglas. Affirmed. Oldham, C. Division
No. t
1. A principal cannot accept the part of
an unauthorized contract entered Into by
his agent which Is beneficial to him and
repudiate the part which fc to his detri
ment. He must either ratify the whule
contract or repudiate It entirely.
I. Where a plaintiff sues on a contract
entered Into through an agent who appar
ently acted with general authority, he will
not be permitted to show a limitation of
the authority of has agent in making such
contract unlesa he proves that such limi
tation waa known to exlat by the defend
ant at the time ths contract was sntared
into
U3SL Smith against Smith. Error from
Otoe. Reversed and remanded. Holcomh,
J .
1 Orrtltmrllv where a device of renj prop.
Tty Is coui hed In such limguage as to
show nn Intention to vest title In the rie
vlsce Imniollstelv upon the will becoming
operative snd attached to the devise are
'rtHin conditions the compliance with and
"rformsnce of, ahich may accompany or
follow the vesting of the title In the dc
vlsee. such conditions will be construed as
conditions subsequent.
2. t'ondltions set out In the opinion In the
present case held to bo conditions sule
quent. 3. Conditions In a will thst the devisee
should be christened and baptised by a
certain name and none other name and
that he shall maintain and be known by
that name during his natural life are rea
sonable, such ss a testator may lawfully
Impose, and enforceable.
4. l'rovlslons and conditions of a will like
those of other contracts are to be con
strued by the courts with the view of
carrying out the Intentions of the testator
K. The deceased Thomas Smith by his
Inst will devised his rral estate to a son
near 2 years old by the name of Flnley
Smith, by his second wife. The son h-d,
before the execution of the will, been
given the name of Hertrand Smith. At
tached to the devise were the conditions
that the siitrt son should be bnptised and
christened Flnley Smith and none other
name but Flnley Smith, and thai he shall
maintain and be known by that bame dur
ing his natural life; and If such conditions
were not performed and complied with
the real estate devised should revert to
the testator's other children, naming them,
and their legal heirs. The evidence dis
closes that while formal compliance had
been had of the condition of the will aa to
the devisee being baptlied and christened
by the name Flnley Smith, that he had
never maintained or been known by that
name prior to the time he arrived at 21
years of age. when a contest arose as to
his rights to the property under the snld
provisions of the will. Held, that by reason
of such noncompllnnce and the fnllure to
perform the condition Imposed by the terms
of the will that the title of the devisee to
the property devised thereby ceased and
terminated and that such property reverted
to the other children of the testator and
their heirs, according to the alternative
provisions of the will.
CHRONIC
Indicates a disordered condition
of the stomach, and frequently
leads to serious complications.
For a permanent cure
DRINK
Htmvadl Jdnos
HATURAL LAXATIVB MINERAL WATER.
The BEST and SAFEST remedy
known.
Hunyadi JAN OS
(full name) ; substitutes are worth
less and often harmful.
Good enough
for anybody!
All Havana Filler
TL0R0D0RA' BANDS are
of same value as tags from
'star: 'horse shoe:
"spearhead: 'standard navy:
. "old peach a honey"
and il. T" Tobacco.
ABOUT
RATES to
Harrisburg, Pa.
Philadelphia
Washington, D. C.
MAT 14 to 1.
Good returning till June SO.
Also ONE f ARB PLUS 13 CO te
Minneapolis, and Return
May U, 1. .
CITY OKriCKIi
1401.1oa Fa roan .,
O .
rtMsLIIUNI
SJ sT lPtl u I 1 srl lucbOiljr rsu
nor i i n b n t, t L
BavfMl .GObLeVA Erg Wa
Tter. PcAurrufsii sol slujfl f!luri lubMi. uwal
lk
Utnfasa atscsaasii. OxuaalM, uit eus iMut al
cousraw
f -5T
JASKl
aalf Fore
Cleanliness and
Germicidal Precau
tions Paramount
Inthehrewlnf of
MILWAUKEE
There's not a facil
ity lacking to insure
absolute cleanliness
during the process.
The minutest detail
from maln-bouae to
filling-room, is rigidly
watched Intt4s partle
ular. A flxM rule tor
over hair a, century.
BLATZ MALT-VI VINE
(Non-Intox!rant) Tonlo. Druggists
or direct.
VAL BUTZ BREWING CO- Mllwaikti
OMAHA BRAlfCH,
141fl Dnalaa St. Tel. lost.
DIME
(15 centa by mail)
secures in 24
weeks each
section of
"Living
Animals
of
the
World"
the most remark
able work on
Natural History
ever published.
More than a thousand
Animals Photo
graphed, including
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old and young as welL
The
Omaha
Daily Bee
This means lus vhat
It sars. During 40 years'
firactlce I discovered an
ufalllbleeurelor Bsnlnal
: and rrouD.buiti,aoJ
1 will send a full enraUv.
Donne of the Remedy, lasting thrse meatus, to
any one on trial, to be paid lor 11 aatlafatory.
No Curs. No Pay. Simply send your Bane and
addraas. Buflmrs from Varleoosle, Blood Pelaoa.
Ituptore.Kldnry. Dladd.r and Prostatlo IrteMaM,
wrtto fnr mr Home Treatment Free. Aldraa.,
08. WILLIAMS. HaJta Omoi. Wtiltcfl.h Bir. Wl-
JOBBERS & MANUFACTURERS
OF OMAHA
MACHINERY AND rOUJIDRY.
Davis & CGWgill Iron Works
QBNXRAX. KKFAIRINO A aWBOIAlTA
IRON AND Bltxaa rOCWDalRaX
IML, iaa iao jaekem iSeees.
..he. Its. Tel. aa.
tt. Eaartsale. AaesM. 1 - OvgUs. Ma
("RANE GO.
Maaofaeserer eae Jobbers et
Steam and Water Supplies
or All Kinds.
114 sal 101 DOCOLA8 BT.
ELECTRICAL SUmiES.
Wl ss CIaaI vlstaif
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AWNINGS AND TENTS. s
Omaha Tent and Awning Co.,
Omaha, Heb.
Manufacturers of
Tents and Camas Goods.
5ad for Catalogue Nuass ft
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