MORE FRIENDS OF THE COURT Manderian and Islbj Pile Answer in A lessmtnt Mandamm Gas. WORRIED ABOUT THE FIRST ANSWER taelat That Aetlaa a( the Board Wa Final and Cannot Rc Overtaraed Eiffpt for Praait Praa. raise Assessed. (From a Staff Correspondent ) LINCOLN. June 28. (Fperlal.) The at torneys for the Burlington railroad. Charlea F. Manderson and James E. Kclb... have filed a brief In the suprtma cour defending the State Hoard of Equalization I iv' the mandumu proceedings begun b The Bee Building compnny. Tbo argu ment advanced li along ih" lines of thai uaed by John N. Baldwin in a brlrf fll'-i! yeaterday afternoon, and nhich haa b i. ' reported In The Bee. It !a crnlend.d U.st the second answer of the b"ard proper:; aeta forth the facta regarding the huh -ss-tnent of the railroad property and that i; ahowa conclusively that the franchises or Intangible prtpcrty were taken Into crc alderation In fixing the valuation. The appearance of the attorneys la r plained thua: "The undersigned, alter- ' aeya-at-law and officers of this honorable court, being thereto permitted by th.' eourteay of this court, have the pleasure to present, amlcl curiae, their suggestions upon the record and questions lnvolvd In this case, to the end that tbla honorable ., court may hava the benefit thereof In Ita - consideration and determination of the , natters of the control tray." ' It Is first argued that the board hon estly performed Ita duties aa an aaaesslng board, fairly met the requirements of the constitution and laws of the state, and that the assessment as made mutt atand, ven though the methods employed by Ita membera for the ascertainment of values ' were not so scientifically correct a some ethera that might have been devised. "In fixing the assessment the board acted judicially," conOuue the attorneys. "Ita act, Ita judgment, Ita determination, . waa final and conclusive, and of like effect and equally binding aa a judgment pro- : nounced by a court upon a subject matter of which It has Jurisdiction, and having this character It cannot be overturned at ;the caprice or whim of any person. And .'we tnalat most strenuously tbat the Judg- ' ment of the board can only be attacked or Impeached for fraud, or that which amounta to an 'intentional disregard of law, with the evident purpose of impoalug unusual burdens upon certain of the tax payers." Brash Aside First Aaavrer. It la Insisted tbat the board undoubtedly knew about the constituent elements of a franchise at the time the assessment waa made, and on the same page with this atatement la found the atatement that the Insistence of counsel for the relator that the board did not oonalder or assess the franchise, la somewhat In keeping with the first return of the board, that It doubted Its power to assess the franchise and therefore slid not assess. But the first answer of the board la quickly brushed aside. "Both are mere opinions, conclusions, but not etatemente of the fact," aay the attor neys, referring to the first answer and the comment thereon by the relator's attorney. "Tba truth is tbat the first return stated unwarranted conclusions; the amended an swer narrated facts." Further they aay: "Counsel for relator hysterically proclaims that the railroads prepared tbe.aecond anawer and thereby 'uaurned the Board of Equalisation.' It Is evident that "counsel do not. "Ilka the amended anawer any better than the railroads liked the first answer (?), for they - indulge In the cry that the preparation and filing of the amended return waa such a shameful performance as to justify the view that the time Is ripe for open revolt by the people. "The board did aasess all the property of each corporation. Including the franchises. Apply what rule you may and you will find that the entire property. Including the fran chise of the rallroada within Nebraaka, la assessed." To Reballd Poatofflee. The $300,000 recently appropriated for a new postofflce building In this city will be used for reconstructing and enlarging the present building. It will be entirely re built, so that when finished it will In no way resemble the unsightly building now In use. Plsns for the structure are now being drawn and will be ready for submis sion to the proper authorities within a few weeks. Mr. Biter expects the work to begin some time In the latter part of the sum mer or early fall. He baa received no ex act information aa to the arrangement of the new building or the material with which it is to be constructed, but fcaa been as sured by' Congressman Burkett that when completed the structure will be aa nearly new as it Is possible to make It under the terms of the appropriation, which pro vides for aa annex or addition to the pres ent building. An election In the National. Guard to fill the vacancy caused by the promotion of Major McDonald of the Second Nebraska has been called. The votea must be In by August 1, and will be canvaaaed at o'clock that day by a board consisting of Adjutant General Colby, Captain Jesse C Penrod of Company C of the First, and First Lieuten ant Fred Ludwlg of Company F of the Sec ond. Harvestla la Thayer Ceaaty. HEBRON, Neb.. June 2. (Special.) The eropa of Thayer county are la better coa lition at present than they have been fir several years. The rye baa nearly all been tut and many of the farmers are now cut ting their wheat, if the present condition tonttnue favorable throughout a glorious harvest will surely follow. Haa Depress I a Kffret ,s FatrSrld. ' FAIRFIELD. Neb.. June I (Special.) The absorption of the Kansaa City Omaha railway by the B. M . which ehangs Is to take place oa Monday, la highly dlataateful to the people of thla town, ewlng to the faot that Fairfield will Hair -Vain? Why not? A little vanity Is a good thing. Perhaps you can't be hair-vain, your hair is so thin, so short, so gray. Then use Ayer's Hair Vigor. It stops falling of the hair, makes the hair grow, and always restores color to gray hair. " I have uaed Ayer Hair Vigor for over 40 years. I am now in my 9 1st year and have an abundance of soft brown hair, which I attribute to the use I your preparation." Mrs. Mary A. Keith, Belleville, III. UM. Alidrauusa. J. C AYta CO LeaeU, ee-to be a division statkn and thai some thirty to forty railroad men and their families will be obi gcd to change their residence to some other point on the line. Last evening the citizens tendered a fare well reception to thirty-two railroad mn and their famllle., who will leave for other points cn Sunday and Monday. Others w II K-ave Inter. RAINS RETARD HARVESTING Howapnars Are telhaek ta Work la Wheat aad Alan lllader . Cora Plnwlnar. GIBBON. Neb.. June 28. (Special.) An other h?avy rain has asaured a fine potato T'p hut has Mopped work In the harveat :!cld for a cruple of days. It is cloudy and r.nsty. Corn la rov.lng nicely. Farmers report an Immense crop of email grain. PAPILMON. Neb., June 28. (Special.) A not hi h vvy rain visited this vicinity '..st nUht and today tbo ground bus plenty f mrl-Mure and the rains are putting th t;u-:ura b' h.nd tn plowing thlr corn. Th' a',i. (ii Is belns : h 'eked and is well filled hi. HARVARD, Nrb.. Jun 28. (Special.) N'":.rlv one Inr h rf rain haa fallen during t- pas' forly-elqht hours and today is ' ll cloudy and vol with a light mist. But l.i'le wheat hns V-n cut during the week. It h.is rlrcred slawly and wet weather hr.s prevented th cutring the little tbat . i'p". PLATTSMOL'TH, Neb.. June 28. (Spe cial.) A driving rain baa been falling in this locality all day. UEATKICB. N-b., June 28. (Special.) A cloudburst visited thla aectlon last night and It rained for hours. The rainfall la estimated at nearly three Inches. The Blue river and Its tributaries are badly swollen aa a rreult and farm work will be greatly Interfered with In .his aectlon. WEST POINT. Neb., June 28. (Special.) The growth of corn la being seriously re tarded by the wet and cold weather which has prevailed steadily for the laat two weeka. Small grain, however, la benefiting in just the same proportion and potatoes and garden produce were never better.' TRENTON. Neb., June 28. (Special Telo gram.) Hitchcock county has sgain been visited by rain. In some parte two Inches waa the precipitation. Harvesting has just begun and will be delayed a few days. The yield promises to be one of the largest for ten years. All other crops are doing well. WILL OBSERVE THE FOURTH Nebraska Towns Prepare to Hold Ronslag Celebrations on In dependence Day. HASTINGS, Neb., June 28. (Special.) Great preparationa are being made for a big Fourth of July celebration In Haatlnga. The membera of the local lodge of the Ancient Order of United Workmen have taken charge and are going to make it a atate affair for the varloua Ancient Order cf United Workmen lodgea. Among the featurea will be a competitive drill for a 8100 silver cup aa first prise and 25 aa aecond prlxe. There will be a com petitive drill between the Degree of Honor teama; Drat prlxe $15, second prlxe $5. A program of various kinds of races has also been arranged. Addressee will be delivered by Mayor Miles, S, R. Barton, Jscob Jaskalek, O. J. Van Dyke, A. C. Sbal lenberger and O. W. Norrls. YORK. Nell., June 28. (Special.) The celebration of the Fourth of July at York promlaea to be more than a local af fair. A number of bualnesa men and cltl- xene of Lincoln are coming here. There will be something like 500 from Aurora, and a number will attend from Grand Is land. Special excursion tralna will be run on the Kaneaa City A- Omaha from polnta south and north and there will be a large delegation from all of the towna along that line aa far as Fairfield, Falrbury and Stromsburg on the north. Gamea of ball will be played in the morning between York and Aurora and in the afternoon Lincoln against York. At the four corneri of the courthouse park four platforma are being built and a number of the best vaude ville performers have been engaged, who will give a contlnuoua performance from morning until late at night. REPUBLICANS CHOOSE TWO Fifty-Sixth District Kaanea Ckpaey and Waldroa for State Rep resentatives. BROKEN BOW. Neb.. June 28. (Special Telegram.) The republican representative convention of the Fifty-sixth representa tive district of Nebraska waa held here in thla city today. R. Hogland of Gandy, Logan county, waa elected chairman, and C. C. Gardner of Sargeut, Custer county, eecretary. Alonso H. Copaey of Wester ville and Silas C. Waldron of Over were nominated on the first formal ballot. The candldatea voted for were: A. H. Copsey, S. C. Waldron, Dr. Matthewa, T. H. Boyer heffer and C. L. Gutterson. The latter declined to be a candidate. - Mr. Copaey la a native of Green county, Wisconsin. He waa born in 1852. He removed to Cuater county, Nebraaka, In 1883, with bla family, where be baa aince resided. He owns a fine farm In Clear creek valley of 240 acres. He Is a pros perous farmer and quite an extensive feeder. Mr. Waldron la a native of Walworth county, Wisconsin. He wss born In 1860 and came to Nebraaka with hla parenta In 1870 and located In Cass county. Since 1884 be has resided In the southwest part of Custer county, where he is engaged in farming and stock-raising. He has a ranch enclosed of four section of land and baa 250 head of cattle, besides other atock. Both candldatea are exceptionally strong with the farming class. They are auc cesaful bualneaa men and highly capable of filling the position to which they aa plre. CHAUTAUQUA AT DAVID CITY Beeoad Aaaeal Session Opens with Fair Attcadaaee In Spite ( laelraseat Weather. DAVID CITY. Neb.. June 28. 'Special.) The second annual session of the David City Chautauqua assembly commenced thla evening and the Indication a are for a large attendance. All of the prominent fraternal orders have largo and commodious headquartera on the grounds. Th rainy, gloomy wrather the laat few daya haa somewhat retarded preparing the grounds, but the fr.rc has been enlsrged and everything la In readlneaa to accommodate the Im mense crowd that la expected tomorrow. Notwiths:anding the Inclement weather at the opening exercise, this evening, a large crowd waa In attendance. The en tertainment of the evening waa: Opening address by the platform auperintrndeat, music by the Aerial quartet, the Kendalls, assisted by Prof. Samuel F. Bmith, pianist. The principal attraction tomorow la two addresses by Rev. M. C. B. Mason, th colored orator of Cincinnati. At Beatrice Chaataa.ua Assembly. BEATRICE. Neb.. June 2$. (Special.) Yeaterday waa temperance day at the Chau tauqua grounda aad. notwithstanding the tact mat a tieavy rain bad fallen the nlcht before the attendance waa vary large. Laat mgbl ta diamond medal ronteat waa held, Mia Ethel Abbott of Peru being the aue cessful candidate. - TIIE OMAHA CONFERS WITH PRESIDENT Editor of Be Dines st White Bonis and Talks Orsr Political Hatters. FILES PAPERS IN INDIAN MATTERS representative Martin Tails on the PrraMeat In the Interest of Dills Relating to His State. (From a Staff Correspondent.) WASHINGTON. June 28. (Special Tele gram.) Mr. Roeewater left Waahlngton to day for the weat. Previous to his departure he had an Interview with Secretary Hltch- ock In relation to conditions on the Omaha and Winnebago reservation In Thurston ounty. He ascertained tbat Inspector Churchill's report waa on the way and would probably reach the Waahlngton office next week. Mr. Roeemater remonstrated with the secretary against the Indictment f two of The Bee's reporters growing out .f an Investigation of the conduct of the agency and said It waa a most outrageous and highhanded proceedings. He filed with the secretary a number of additional pa pers relating to charges which be ha made against the conduct of the agency and de aTed that they be considered In connection with Mr. Churchill's report. Later In the day he was the guest of the president at luncheon, the only other gueat present being General Wood. It Is under stood that matters of not only legislation but administration were talked over, the Cuban question being one of the subjects discussed. Mr. Rosewater expects to be In Omaha In time to attend the laat dinner growing out of the very successful management of the Trans-mlsaisalppl exposition. ' Representative Martin, of South Dakota, saw the president today In regard to eev cral bills that are upon the president's desk awaiting his signature. Mr. Martin urged the president to sign the bill con firming title In South Dakota-to the Slsse ton reservation, the bill granting a pension of fifty dollars to Captain Van Houten and also the bill granting twenty dollars to Charlea A. Scott, of Spearflsb. The bill granting to the Duluth, Pierre A Black Hill Railroad company the right to construct a bridge across the Missouri river haa passed both houses and now goes to the president for signature. The postofflce department has accepted tho proposition of F. M. Wethereld to lease premises for the Hebron, Neb., postofflco from January next, also the proposition of L. M. Hopkins for premises for the Guthrie Center, la., postofflce from October 1, next. The postofflce department haa authorised the postmaster at Nellgh, Neb., to move the postofflce to the building owned by the Nebraska Land company. Ernest O. Patterson has been appointed clerk In the treasury department. William Newgood, of New York, waa the lowest bidder today for installing the wir ing system for the extension of the Omaha public building, at 13,98s. The comptroller of the currency haa ap proved the application of the following persons to organise the First National bank of Kelemme, la, with a capital of $25,000: O. O. Abbey, C. S. Terwllllger, Isaac Swelger, M. B. Cooper and A. Kelley. Postmasters appointed: Nebraaka, S. L. Danncr, Sacramento, Phelps county, vice A. T. Curtis, resigned. Iowa, A. H. 8troth ers, Martelle, Jones county. South Dakota, C. J. Lerager, Flynn, Aurora county; Frank Boldt, Hosmer, Edmunds county. N. P. Bromlee, of Redfleld, S. D., Is In the city on his way to New York. W. 8. Bummers. United States district attorney for Nebraska, Is In the city, ; It la presumed that he comes here on matters connected with hit office. TWO BURGLARIES AT FREMONT Xoctaral Visitor Enter Hssie and Lumber Office, bat Secnre No Booty. FREMONT, Neb., June 28. (Special. ) About 12:80 o'clock last night a burglar waa discovered In the house of W. J. Gregor on North Bell street. He waa frightened away without having taken anything. Early thla morning a pair of bloodhounds from Valley were placed on the trail. They took the acent and went directly to the Fremont, Elkborn and Missouri Valley tracka, then toward Arlington. At Arling ton the acent waa lost at the tracka near the station. The Edwards V Bradford Lumber cora pany'a office on F atreet wae alao entered laat nlgbt. The thievea climbed over the high picket fence and broke In a window. The drawers of one desk were ransacked and also the safe, which had been left un locked. Seventy-five cents worth of at am pa, which were In a drawer, were taken. SHERIFF BLOCKS ELOPEMENT 2ac Coaaty Official Stop Yoathfal Lover la Act of Boardlna; a Train. BEATRICE. Neb., Jun 28. (Special.) 8herlff Waddlngton was called to Fllley, thla county, where he spoiled an elopment of a young couple. The prlnctpala In the affair were Miss Reed, the 16-year-old daughter of Mra. Vanderploeg of thla city, and a young Mr. Phllllpa. a realdent of Fllley. The couple had planned to leave on an afternoon train, but when the people with whom the young woman waa a Laying were apprised of her ' Intended departure with Phllllpa, tbey notified the glrl'a mother here. Mrs. Vanderploeg aent word to the sheriff to go to Fllley at once. Thla he did. ar riving there juat In time to head off the youthful elopers. The sheriff brought the girl to the home of her mother here. Blair Hardware Bnalnes Said. BLAIR, Neb.. Jun 28. (Special Tele gram.) A deal waa closed here tonight by which D. Miller of Leigh. Neb., and 8. W. Chambers of this city bought the old es tablished hardware business ownsd by E. F. Cook. Mr. Miller ha recently sold his hardware business at Leigh and Mr. Cook wi t retire to enter another Hoe of business. Mr. Chambers, who baa been the joint agent of the Fremont. Elkhorn a: Missouri Valley and Chicago, 8t Paul, Minneapolis Omaha rallroada at Blair for six years, baa tendered his resignation to become an active member of the firm. The considera tion for atock and fixture la about $6,000. Beaks at Sara-eat Merare. 8ARGENT, Neb.. June 28. (Special ) The two Sargent banka, the Cuater County and the Farmera' and Merchanta', have sold their bualneases and buildings to a new organisation, which will consolidate them and continue the business under the name of the Cuater County bank. F. H. Young will be presldsnt, W. p. Htggins vice president and H. A. Sherman cashier. Mr. Young la alao prealdent of the Custer National bank of Broken Bow. the Analey Btate bank and the Callaway Stat bank. ladepeadeat Lin fee Freaaant, FREMONT. Neb., June 28. (Special.) At a apeclal meeting of the city eouncll laat evening a .franchise waa granted to aa Independent telephone company, which will probably operate In connection with th Farmers' Telephone company. Th DA1LT BEEi SUNT) AT, usual permission was given to erect poles and atrlng wlrea. The price tcr telephones waa fixed at 82 or under per month for single lines In the business part of town and $1 for residences. The price for sn Instru ment on a party line will be reduced at least 20 per cent. The new company Is to file Its acceptance cf the provisions of the ordinance within thirty days. Eaerrlae at Feehle Minded Srhool. BEATRICE, Neb.. June 28. (Special Tel egram.) The annual closing exerrlaea at the Institution for Feeble-Minded took place laat night In the presence of a largs and Interested company of visitors from thla city and other towna tn the state. The exercise consisted of songs, reclta tlona and drills, and were held In the assembly hall, which waa tastily decorated with flags and flowers. The program waa thoroughly enjoyed by all and Superin tendent Johnson and bla corps of teachers are deserving of credit for the degree of proficiency to which they have brought these children. Anrora Board Kane Teacher. AURORA. Neb., June 28. (Special.) At the meeting of the school board teachers were elected for the coming year as fol lows: Superintendent, James Sparks; principal of High school. Miss Kathleen O. Hearn, of Lincoln; asslstsnt principal, Mrs. H. H. Gable, of Aurora; Miss Clara Penae, of Harvard; Miss Eleanor Rodgers, of Aurora; Miss Kate Friend, of Syracuse; Mlaa Mary E. Dunn, of Keneaaw; Miss Anna Harper, of Aurora; Mies Olive Warner, of Bladen; Miss Msude Bramer, of Aurora; Misses Nellie Moore and Bessi9 Chldester, of Aurora. Boy Injared by Tor Taanon. FREMONT, Neb., June 28. (Special.) Thirteen-year-old John Benjamin, living on East Fourth atreet, started a premature celebration of the Fourth of July yester day afternoon and aa result bla face Is severely burned. In company with some other boys be waa firing a toy cannon on the sidewalk. John thought the fuse burned too slow and stepped up to the gun to Investigate. The explosion which fol lowed burned his face and filled It with fragmenta of powder. His eyes were unin jured. Drag Ha Serloa Effect. YORK. Neb.. June 28. (Special.) About noon yesterday Miss Florence Brown, daughter of John S. Brown, waa selxed with violent convulsions, which were followed by hysteria. Her condition at first was considered quite serious, but Dr. Conaway, the attending physician, thinks she is now practically out of danger. The cause of her trouble Is supposed to be a drug which ahe purchased from a Chicago firm, which was recommended to her for nervousness. She took only a small quantity. Caa County Levy. PLATTSMOUTH. Neb., June 28. (Spe cial.) The Cass county commissioners have finished their labors as a board of equali sation. The total assessed valuation of the farm land of the county la $2,618,471. The rallroada and telegraph lines were assessed at $783,212.45, and the total personal prop erty at $649,529. The levy made for the en suing year was: General fund. 74 mills; bridge fund, 4 mills; road fund, I mills; soldiers' relief fund 4 of a mill and court house bond fund, 2 mills. . Ronslnsj Celebration at Osceola. OSCEOLA. Neb., June 28. (Special.) Osceola'a Fourth of July committee has everything prepared, and If the weather la favorable there will be the biggest crowd and the hottest time that haa ever been had here. Rev. Knox Boude, the paator of the Presbyterian church, will be orator of the day. The Oaceola Woodmen band will furnish the music. A publlo dinner will be furnished. In the evening there will be fireworks and an Illuminated parade. First Pipe Organ In Nebraska City. NEBRASKA CITY, Neb., June 28. (Spe cial.) J. H. Slmms, organist at All Saints' church, Omaha, ' and Mrs. J. Wagner Thomas of that city laat night christened the new pipe organ that the young women of the First Presbyterian church have had placed in their new building. The church waa crowded to the doors with people who were anxloua to hear the Instrument on Its Initial porformance. This la the first pipe organ thla city haa ever had. Held Up by Masked Men. NEHAWKA, Neb.. June 28. (Special.) About 10 o'clock last night Raymond Pollard, while returning from home, waa held up on the edge of town by two masked men. One of the masked men pressed a revolver cloae to hla face while the other went through his pockets, taking from blm $22. No clue to the perpetratora haa ao far ben diacovered, but bloodhounda have been aent for and every effort will be .made to run them down. Parallel Edward's Case. FAIRFIELD, Neb., June 28. (Special.) Charlea Brown, aon of a prominent far mer living a few mile west of this place, underwent an operation for appendtcltla on the aame date aa King Edward. The op eration, performed by Dr. A. R. Ray of thla place, waa exactly identical with that performed on the king,' and the bulletins Issued in regard to his majesty would have answered for Brown's case. Red Men Invade Falrbnry. FAIRBURY. Neb.. June 28. (Special.) A lodge of the Improved Order of Red Men waa Instituted here Thursday night, with a charter membership of twenty. The officers elected were: L. J. Nutxman, prophet; H. A. Day, aachem; P. C. Huber. aenlor sagamore; L. Well, junior aaga more; F. P. Conrad, chief recorder; Erneat Wiley, keeper of wamoum. Freat Dasaage Crap. SARGENT. Neb.. Jun 28. (Special.) A heavy frost last Friday night did con siderable damage to gardens and the corn crop In the bills around here. FORECAST 0FTHE WEATHER Premise ta That It Will Be Fair and Warmer Saaaay and Monday, WASHINGTON, June 28. Forecast: For Nebraska, Colorado, Wyoming, South and North Dakota Fair and warmer Sun day and Monday. For Iowa Showers, followed by fair Sunday; Monday fair. For Kansaa Rain Sunday and In east portion Monday: warmer Monday. For Illinois Fair In aouth, rain in north portion Sunday; Monday fair, brisk to high northwest winds. For Missouri Fair Sunday; Monday in creasing cloudlneas, ahowera in western portion. Local Record. OFFICE OF THE WEATHER BUREAU. OMAHA, June 28. Official record of tem perature and precipitation, compared with the corresponding day of th last three year: , IVt. W. 1900. 1S. Maximum temperature... 67 ln 86 64 Minimum temperature .. 66 7 6 Mean temperature M U 7 74 precipitation to . 0 0 necoio or temperature and precipitation at Omaha for this day and sine March 1: iNormai temperature 72 Dertclency for th day .!!!!'.'.! 17 iolki eaceu aince aaarcn I, 19UZ lit Normal precipitation It Inches excess ror th day jj inches Total rainfall sine March 1 10 14 Inches Dendency alnce March 1. lSffl .. 401 Inches Deficiency for cor. period 11 ! Inches L-adcienejr lor cor, teriw4 UuO incbe JUNE 29, 1002. BUTLER IS TURNED OUT House Decides Against Him in the Contest Cass from Missouri. DISTRICT ELECTION IS HELD NOT VALID Oaated Man Make a Vlaoroa Speech for aa Hoar In Defense of Hla Rlht to Retain the Seat. WASHINGTON, June 28. When the house sdjourned tonight the general deficiency bill and one Item In the naval appropriation bill was all that remained In dispute be tween the two houses so far as the appro priation bills are concerned. The confer ence report on the District of Columbia bill vas adopted and it now goes to the presi dent for his signature. Earlier in the day the house decided the contested election case of Horton against Butler from the Twelfth Missouri district by declaring the seat vacant. By a vote of 100 to 136 a strict party vote Mr. Butler, who la a democrat, was decided not entitled to the seat. Mr. Butler made a vlgoroua speech of an hour In defense of his right to the seat. The Dick military bill was made a con tinuing order, not to Interfere with con ference resorts. When the house met todsy Mr. Bsbcock of Wisconsin asked unanimous consent for consideration of a provision for the clerk of the District of Columbia ta make special regulations tor the Grand Army of the Re public encampment In thla city next Sep tember. Reserving the right to object. Mr. Moon of Tennessee took the floor to explain why he had objected yesterday. On March 14, he explained, the committee on territories made a unanimous report on a bill to give Indian Territory a territorial form of gov ernment under the name of the Territory of Jefferson. He said that by order of the committee he waa directed to aecure action on the bill. It was necessary to see the speaker and he had bene Informed that more Important matters were pressing and that consideration would be arranged for later. "The rights of 400,000 people were In volved," said he. "The condition In the Indian Territory Is chaotic. There are no courts, no provisions for the insane and no penitentiaries. But the committee on rules and the speaker declined to fix a day, or to hear a motion to fix a day, for the consid eration of the bill. The only reason as signed by you, Mr. Speaker, or the other membera of the committee on rules was that you had protests from the territory against this measure. I submit that every paper In the territory, every democratic and republican club, every municipality and 95 per cent of the people are In favor of this bill. ''I have no personal Interest in the meas ure, but I would feel justified now In ob jecting to every request for unanimous consent for the consideration of a lesa Im portant measure." Grand Army BUI Passes. He specifically dlsclatmea any Intention to Impugn the speaker's motives, and while he felt that he ought to object, he appre ciated that at the close of the session be might Interfere, with the passage of many meritorious bills. "But I give notice now," he concluded, "that at the next session I shall object to every request for unanimous consent until there haa been a hearing upon thla bill." The resolution was then passed and the house resumed the debate on the Horton Butler contested election case, notice having been given that after it waa disposed of the reports of the naval and District of Co lumbia appropriation bills would be called up. The rontestee, Mr. Butler of Missouri, took the floor in his own behalf, making a speech of an hour. Mr. Butler made an eloquent plea for Justice In the determination of the case. Mr. Taylor of Ohio concluded the debate In behalf of the majority report. At the conclusion of Mr. Taylor'a re marks the vote was taken, first on the minority resolutions, declaring Mr. Butler elected and entitled to the seat. The resolutions were defeated 100 to 136. The majority resolutions, declaring the aeat vacant, then were adopted without division. Bills were passed to extend for one year the time In which to make final proof In desert land entries In the Yakima reser vation, Washington; to appoint George H. Ball a waVrant machinist in the navy; to authorise the secretary of war to receive Arturo R. Calvo of Costa Rica aa a cadet at West Point; to prevent any consular officer of the United Statea from accept ing an office of trust from a foreign coun try without executing ample bond with the secretary of the treasury, and for the relief of settlers on landa granted In aid of the construction of wagon roads. At (:B0 the house adjourned until 11 o'clock tomorrow (Sunday). BOY'S HEAD BLOWN OFF Ray Manfnll Meet Untimely End by Discharge of Gaa la HI Owa Hand. SHELTON. Neb.. June 28. (Special Tel egram.) Ray Manfull, aon of John Maofull, a well-to-do farmer living on Elm Island, nine miles southwest of this place, met in stant death this forenoon by the discharge of a loaded shotgun In his own banda. Early thla morning he took the gun and went Into a neighbor's cornfield, where he waa found by hla father a abort time after the report of the gun was heard. The charge of shot entered his left eye if HaveYouSeen Ttis Omaha Petro leum, Gas and Goal Company's EXHIBIT? 1 BENNETT'S WINDOWS It will Interest you. Call at the office, 208-210 Bee Building, and we will take you oa the ground. e 0 CSSSSS2SSO' and tore off almost the top of his head. He waa sixteen yeara old. WOMAN KILLED AT VALLEY Mr. H. A. Lock wood Strnck by Freight Trala and Death Reanlte. VALLEY. Neb., Jun 28. (Special Tele gram.) Mrs. H. A. Lockwood waa killed by a freight train while crossing Msln street In Valley at 10 o'clock tonight. Her horae was killed alao and the buggy smashed. Mr. Lockwood, her husband, was a can didate for county treasurer a few yeara ago on the fusion ticket, lie Uvea flv miles northeast of Valley. Morton Memorial Fond Swell. NEBRASKA CITY, Neb.. June 28 (Spe cial.) The Morton memorial fund la show ing a healthy Increase. It now amounta to something over $4,700. Harvard Revivals Cloae. HARVARD, Neb., June 28. (Special.) 4. 4-J-4. ill alduff's H Keep Hard 2 HOURS ON A NlAM S.BALDUFF,' 'G Hi and Farnam Sts Omaha L' 111 n j My, But It's Good! Tbat'a what folks aay of our delicious NEAPOLITAN ICE CREAM Three One flavors enough for eight people for 40c. Pint barrela, 20c. Put up in a QUART BARREL which will fit In your pocket. Take on along with your today. W. S. BALDUFF, 1520 Farnam Street. If You Want the Best In looking at offices m different building's, the greatest praise the owner or rental agent can give an office la to aay tbat It la "as good aa an office In Th Bee Building." It may b In com respect, but It can not be In every respect. The, Bee Bulld'ng Is one of the only two absolutely fireproof office buildings In Omaha. The Bee Building la the only building having all night and all day Sunday elevator aervlce. The Bee Building furnishes electric light and water without ad ditional cost. The Bee Building Is kept clean, not aom ut the time, but all of the time. Keep these points In mind when looking for an nffloo, and you will take on cl those listed below. If you are wlae. List of vacant rooms in The Bee Ground f ioom if 1 igxtt feec races Bvntnta alley, ihli la a large, light room, a Ighi, water aad janitor servlc. it """ -m" tun HTcnmnu First U.ITK 1011 There la so finer ofUc auli In Omaoa Uiaji tola en. It la looaUa Juat on la rlgbt nabd of la graat aawbi luurway, and naa unuauaiiv Urge wluuow looaiu- upon tn front entrance way of the ouildina It front on arnam uet. unm rouua la lixi and the oinsr xJ. 11 naa a burgiar-proor vault, aaarbl mantel- piece, hardwood doore, and will be lreacoad to suit Unant ' TrlixT I7V.D4 aOOM iMi Xhta roeaa 1 jM at ih au4 of th mala atairway en the Oral floor it would be a very uealrabia erne (or aom rtu sataie sua r toa ueclor. Xu aoor apace u laxU (eet jvav K0.u) Third Floor. ROOM (Mi Thla room ta Zlat feet and la vary conveniently located near th wm l0'"'" atooM aa l aaatt Thla(rooaa to 17x12 (est aad Thi room u iri.ouriy oapted tor iMIC aaa 1 a Ueaie.Mli hAuduma tuuri and window tuoaiog uut uoa fcevatnlA sir ml it har a vary htrg burgUr-tvruof vault, hard weed Uoor and la en of th cuoical uux- la th building ..,....,.... frlffv tf it Fourth Floor. KOOll eOli uxu feet. Thla room la neat to th .levator aad faeea court. It haa a Ur burglar-proof vault aad la w.U vaoulatao. iia aood Uaht. and lor Ui. prlu furnish ttrl-iae aoconuaodailoa "....Fill I17.M Fifth Floor. I CITE Olei This to a rery large room, llxtt feet. It fanes wast, but to vary light and wall vanuial.d. It 1 v.ry ldou that a(ac of Uil U to of frd In Tb B building. It rauld b uaed to auvantag oy aom Arm ' employing a larg number of cUrka, or requiring large floor space a wholeaal J.w.l.r, or manufacturer agent, who would Ilk to be la a br-urouf building, or It w.U be divided to ault th tenant Price f&0.t ilOM Bail This room facea the court aad le Uxlt feet. It baa a burglar-proof vault, and aa It U near lb telegraph office and oa th asm. flour with a number of grain firms, it would be a particularly good room tut a a rain firm desiring tmfa-claaa accommodation ...r............ Prk tSaOl Sixth Floor. VITB eioi Thla consist of two room, both lBhixl. Each of th.m has a r Duriiir-uwi vauii, nav see where any bualneaa or professional iarg Durgiar-prvo vault, nav been R. C. PETERS & CO., Rental Afentj. 3 Rev. E. J. Baskervllle, v. bo haa been con ducting union revival meetlnge In a large tent, assisted by various ministers and membera of different churches, close the series tomorrow. The music haa been la charge of Prof. Coultes, who ha organised the singer of the city In such an effec'ual manner aa to have been of great service to the meetings. Exterminate Grasshopper. TRENTON. Neb., June 28 (Special Tele gram.) A number of farmera of this county met here at the courthouse to.tay to discuss the extermination of the grasshopper. Mr. Sheldon of the State university experiment atatlon waa present and spoke of the suc cess of the fungas he haa put out here. The season's rain has kept the grasshoppers back more this year than formerly. New Pabllcatlon In Beatrice. BEATRICE, Neb.. June 28. (Special.) The sun la the name of a new morning paper to be launched here July 8 by O. P.. Marvin, one of the veteran newspaper men of the atate. The paper will be Independent In politics. We Make a Special Price for Ocr Delicious Ice Cream to Churches, Lodges and Picnics. HOT Come in and Get Our Prices Before You Decide Building Floor. Rental. street ajrt baa windows ale o" the' d the rental price Include beat. Per Month. beat. . ha an entrance both on r( rc Sl&Ot Floor. iiwui mwm in ippuas oa ia eieva- sTioatlLM will be divided u ault th Unant. aom cuuetro ueautu Ui a. uuor auto k.11... .... -.. , , -T. . " 71 a newly decorated and are rooms man may be comfortable. Price for nawly decorated and are rooms I I I IIS 1 nj Ground Floor BeeBuildlnx