THE OMAHA DAILY BEE: MONDAY, JULY 14, 1003. RAILROAD TAXATION IN COURT Full Stenographic Report of Hearing in Mandamus Case by Nebraska ireme Court Paniv. Supi Following li the cross-examination of Mr. Edward Roeewater, which w con ducted by Mr. Baldwin: Q You speak of these terminal facili ties In general terms. 1 wlah too would tell the court what additional terminal facilities the Union Tactile baa now that It did not have fire years ago, or three yean go, or four yeare agoT A. It has -very large amount of trackage.' It baa rebuilt, reiurfaced, regraded and rained 4 large part of Iti depot ground at Omaha, hundreds of acres of It, and changed ma terially the facilities of both passenger nnd freight business, separated the freight from the passenger tracks. In the former depot we used to call It the cowshed the freight and everything passed through under that shed. Now they have entirely separated and fenced In ths new property; they have graded It and Improved It and spent hundreds of thousands of dollars in construction and In buildings, and further. If I recollect, there was a ao-called Union Depot company, a corporation that owned these facilities before 0 Now, will you please excuse my In terruption, but I would like to hsve you definitely stats how much more trackage, (or Instance, and what additional terminal facilities the Union Pacific has now, out side of the new passenger depot, over five, four, three or two years agot A. They have filled In and spent I don't know how much, as I am not an engineer Q. What are you speaking of, grading? A. Yes, air. They have regraded and raised the entire ground, or a very large portion of It, and laid entirely new track, and resurfaced It with Wyoming granite, and I think they have double track now toward the bridge, where I think they had 'only a single one, and there is a great deal more trackage there now all around In connection with the Union Pacific fa cilities than what there formerly was. Q. Wasn't the raising or filling and grading for the convenience and safety of the people of Omaha T A. Oh, yea. Q. Didn't the Union Faclfie, together with the Burlington, for the purpose of convenience fend safety. In raising these grades build a viaduct and subways at Twenty-fourth street and Sixteenth street and the boulevard, at an expense of hun dreds of thousands of dollars? A. Build the viaduct for the benefit of the city? They are for the protection of the rail road' a great deal more to prevent thorn bavlng daruage suits than they ars for ths benefit of the city. q. T'aien you think It was simply a commercial matter with the railroad and not, so far aa the city is concerned, for the benefit of the city? A. They were abrolutely for the benefit of the railroads. Q. Assuming, then, it la for a commer cial and venal purpose, 1 will ask you this question: It la a fact, is It not, that the railroads the Burlington and the Union Pacific in raising tha track, and grading buildings, subways snd viaducts, which are used by the traveling public of Omaha, expended hundreds of thousands of dol lars to the last two or three years, didn't they? A. They have. Q Did the build a fine new viaduct at Sixteenth street? A They were com pelled, of course. Q Ar.Hwer the question. A They paid for bjildlng It. I think the city built It, and they contributed towards It. U What I mean la, the railroad built It and paid for it, didn't they? A Ths rall- iroad paid for it. o The cltv didn't Day anything tor it? A I think the city paid part, or for part of ; the approaches at any rate. I Q Well, Mr. Rosewater, is that your knowledge and familiarity of the subject 1 matter In controversy? Do you say the elty built any part or paid for any part of the construction of that viaduct? A I have not been to ths trouble of going Into ths city trsasurer'a reports to find out ex actly how much they paid or whether they paid It all; I know ths city expended some money. I am speaking of the viaduct and tha approaches thereto, because you can jtot build a viaduct and leave It In tht lr, and there was considerable money spent on the approaches; I don't know whether ths city paid for that, but I think It did. Q Now you spoks of the terminal facili ties of the Union Pacific and its lands north of Its depot. I wish you would tell the court If you know how much additional , property the Union Pacific has got or pur chased or obtained in any way, ahape, man ner or form where Its shop grounds ars and north of Its headquarters? A They made treaty or deal with the city of Omaha this spring, before ths assessment waa made, or laat winter, by which they ac quired tltts to a very large amount of property In the city of Omaha. I conaldered It worth a million dollars at least Q Now will you please answer my ques tion? You say they got It by treaty, as you phrase It? A Yes sir, in addition to what they had. Q Now what lots had It acquired, what other property, what other lands or what other lota? A I can't tell; they ars con stantly enlarging their facilities and In creasing their area. Q Do you know of any other; If you do I wish you would tell the court? A I told you, they got over a million dollars worth. I can't tell you Just how many lots now. Q Isn't It a fact that all of ths lots or streets and alleys that they got by this treaty aa you so denominate It, were streets and alleys contained In the shop grounds on the river bottoms and In every rase that the company had owned them prior thereto for years, owned ths property on both aldea of the streets and both aldea of the alley, and If that la not ao will you tell one single lot that wasn't si? A The company have grabbed or got control of a good deal of property there, but they didn't own IU Q Your honor, I Insist that the witness shall answer ths question. A. They had taken possession, J will put It In a tittle milder form, they had taken possession and have gotten possession of a great deal of land that belonged to the city of Omaha and held It, and finally by treaty stipula tion, ceding part of ths property that tney Tired, Tired Tired. That one word tells the whole story. No rest. No comfort. No particular disease. Just all tired out. Fortunately, physicians know about Ayer's Sarsaparilla. They prescribe it for ex haustion, anemia, depression, general debility. aJIfesuists. No matter what ails you nor wbat medicine you take, you cannot get veil if your bowels are constipated. Cor rect this at one by taking Ayer's Pills. Just jne pill each Bight. These ars a great a!4 la tne fearsapsruie. bad claimed that Is worth about as little as possible, off by ths river, they mads a good bargain by that treaty and got pos session of about $1,000,000 worth of prop erty snd absolute title to land that they didn't have before. Q. Now after this dissertation, I would like to have you answer my question If you will. Tell where the property la? You say they grabbed It or took possession of It prior to this treaty. State where the property la? A. The best way to find It out la right here in this lot of papers, you have It all described there minutely, and there Is no need of my describing It when you have It by metes and bounds and de scription of lota right there In that pack age. Q. You have made this statement here under oath that they have gotten new prop erty. Now I am trying to get you to specify the property because ws deny It. Now If you will point out the lots I will be much obliged to you. A. I am familiar with the general contour of the grounds there, I have no familiarity with the num bers of the lots and placea In which lots were exchanged for other lots, but we know very well that the treaty covered, I think, several hundred lots, and that they got a title to that property that the company didn't have before, and never had any right to, and that property Is described among the other property right here. Q. Now you say It had no right. The company, on the other hand. Insisted It had. didn't It? A. Well, evidently the company had some doubts about Its right, otherwise it wouldn't have made that treaty. Q. Will you please answer my question? The company Insisted It had, didn't It? A. Oh, yes; they always Insist when they take anything that K la theirs, Q. And it had possession under this color of title for .many years, didn't It, to say the least? A. Yes, sir. Q For over thirty years? A. I never kept a description of the lots In my mind Q. Answer the question. It had posses sion of It for over thirty years, didn't It? A. Well, yes; I tuppose It had I don't know how long I don't believe they had It for thirty years. Q. Did they have It for any particular length of time, say twenty years? A. I think they kept Increasing ths ground here and there by graft or grab, or I don't kno.v how, but It was taken and retaken and they fought with other railroads that wanted to take some of It, and finally they fenced it In, but they didn't have a clear title until the settlement was made. Q. Now you speak of this treaty. In ex change for this did the Union Pacific con struct a new ahop? A. No, air; they didn't In rxchnnge for this that would be absurd. Q Now let us not argue tbie. I will ask you this question: Didn't the Union Pa cific, or Is It not now In process of con structing new shops? A. Yes, sir. Q. Wasn't it a part of thla treaty that of the letter being offered, we object to It aa Incompetent, Irrelevant and Imma terial. Overruled. The relators rest. William Stuefer was then recalled by the defense for further cross-examination by Mr. White: Q In assessing ths railroad property In thla stats, did you assess It with reference to the fact that It was pur ported to be corporations? A. Yes sir. I understood they were corporations. Q. You understood that they were operated and managed by corporations? A. Yes air. Q. Did you arrive at the assessment consideration that these corporations had a right to do business In the state? A. Yes sir. Q. That they had the right to exercise the right of eminent domain? A. Yes sir. Q. And that they had a right to charge rates and fares for ths carriage of freight and passengers? A. Yes sir. Q. Did you consider that it wae their duty under the law to perform the func tions of railroad corporatlona who were permitted to do business In this state? A. Yes sir. Q. Did you take Into consideration the fact that the rights and privileges of the corporations heretofore named were nec essarily being exercised in using this prop erty belonging to them? A. Yes sir. Q. If you had assessed the railroad property In this state without reference to the right and privileges which they en Joyed under the law would your assess ment have been as high as It was? A. No, sir; I don't think so. Q. If you had assessed the property of the railroads of this state as dead property unused and unoperated your assessment would not have been so high? A. No, air. Q. Would It have been considerable lower. A. I think so. Cross-examination by Mr. Harrington When you say you did not assess It aa dead property you simply mean valuing the physical property? You considered the fact that It was valuable because the physical property was being used and waa not dead for that reason? A. That It was live prop erty and was doing business. Q. When did you consider the value of the right of the Union Pacific to exercise the right of eminent domain? A. Used the power of eminent domain because they had a right-of-way through the state and under the law they were authorised to do busi ness. Q. What do you mean by "eminent do main?" A. Well, I think it la the right-of-way, as I understand the right of eminent domain. I don't know. Q. That la your opinion of the power of eminent domain. Is It? Mr. White I must protest. This Is being treated as a Joke. Now, we are in earnest here, and we put thia witness upon tha and when the company itself had refused to aeparate In Its earnings or In Its capital stock, or to apportion between the main line and branch lines, how did you happen to aaseea the main line at one figure and the branch lines at a different figure? A. Well, we took the biennial report of the former auditor and kind of went ac cording to the former board's assessments. Q Now that li really the truth about It, isn't It, you fellows simply followed along through the old beaten path? A. Ths same as all the auditors did in the state of Nebraska well, I don't want to say that, I think I assessed this property ac cording to the best of my Judgment. Q. Now do you know what the earnings per mile of the Union Pacific were In 1899? A. Well, by referring to the audltore re port, yes, sir. Q. Well, did you ever know It? Do you know whether they were decreased or In creased? A. What Is that? Q. Do you know whether their earnings have decreased or Increased? A. Well, now I will not be sure of that, I think they decreased, but I am not so sure about It. Q. Mow does It happen you have as sessed this road at a lower rats now In the face of these earnings than it was assessed for when It waa In the handa of the receivers and was a bankrupt concern? A. Well, let us see. When did It get out of the receivers handa? Q. 1 am going back to the time when it was In the hands of the receivers in 1895 or 1898. You haven't assessed it for a dollar more now with Ita immense earning capacity than when it waa in the hands of a receiver and was a bankrupt concern? A. Well, 1 don't know as we did. q. Well, as a matter of fact you know that you didn't, don't you? A. I will not say that. Q. Do you mean to say that -with all the lntcreata of the state that were In volved In the assessment of the Union Paclflo railroad that you don't know whether you assessed it for more or less than when it was a bankrupt road? A. I couldn't answer that question, and I wouldn't. Witness excused. Mr. White It is admitted that the Fre mont, Elkhorn A Missouri Valley Railroad company has no terminals in the city of Omaha. By permission of counsel I wish to put in the evidence the aggregate amount of taxes paid by the Elkhorn road for the years 1891 to 1901, Inclusive; 1891 $ 1M.B67.02 1897 t 1B1.701.67 1XS2 2(3.890.70 1898 .1. 152,719.15 " . ' Udo, uu w uuh lull WIIUCH upon they should expend at least 11.000,000 this , tand for th, purpo(le of prorlng factB, ill J.C.AYUCO, year In new shops? A. I don't remember the amount. Q. Dcn't you know then, when you are speaking of the treaty, that It Is very near $1,000,000? A. I would like to explain Q Answer the question. A. I don't know the amount. I know there was an agree ment that the company ahould maintain its shops the existing shops the terminal fa cilities, etc., at Omaha, and improve them, I don't remember how much. Q. Now that Is not answering my ques tion. A. I don't know how much, the amount was. Q. Are they not now building new shops there? A. They are. Q. Is there not one goipg up there 4S0 feet long, 250 feet wldo and 60 feet high? A. I have read about It; I haven't seen It. Q. Then you don't know? A. I do not. Q Do you swear to this court you have not seen In the course of construction there the building I have Juat described? A I Will swear I have not aeen one brick of the whole thing. Q And that haa been going on all spring and tummer? A Yes sir. Q And you can't see It now. It Is 450 feet long, 260 feet wide snd 60 feet high? A It Is not visible from my house. Q You haven't been down to see It? A No sir, I have not. Q And that la only ons of the buildings In process of construction? A I don't know; I haven't aeen any of them. Q You know it waa purposed by the treaty that It build a new shop and build ings at an expenditure of two or three millions and it Is work at them and this building is In course of construction? A I don't know anything about two or three millions. I understand it was to be some where In ths neighborhood of a million. I don't know. Q Now don't you know all of these Union Paclflo ahopa and this machinery In the new building, the headquarters, the ter minal lines snd the lots you spoke of are assessed locally? A I don't even know that I only know they are supposed to be assessed locally. Q If you don't know that, that la all I cave to aay you. A I mean I have no knowledge of It. Examined by Mr. Kelby: Q West of the Eleventh street viaduct the Burlington has but one track to South Omaha, has It not? A But It has a lot of spurs you know. It haa one track so far as I know, running out, but It has spurs leading to ths dif ferent establishments. Q Where are thoae spurs? A. In South Omaha. Q I am Inquiring concerning Omaha and south Omaha. A. They are along the west of the viaduct and they connect with some of thoae lumber yards, ccal yarda and dif ferent concerns in the neighborhood Q. Do you know whether they do or not? A I can't see how they could do business without It. I can't testify strictly because I haven't mads an especial examination of that, but I feel sure they have spurs run ning Into all of those yarda at all of thoae Blacaa. Q. But you do know that all the ter minals, all the tracks, all ths depot grounds or the Burlington railroad ars used In the successful operation of the property? A. Yes sir. Q And necessary to Its use? A. Yes sir. Witness excused. Mr. Howe It the court pleaae, there la an item of testimony. Tit., the letter written by Mr. Harrington to the State Board of Equalisation, which waa transmitted to the governor, and which the testimony shows waa read by the governor to' the board, which wo desire to offer In evi dence, but owing to the abaenoe of the governor ws sre unable to get the orig inal. We haven't a copy here In court; I have at home myself, and we desire to offer the letter with leave to aupply a copy hereafter, the purpose being to show that lir. Harrington argued fully and explicitly the question of the valuation of certain of these railroad properties for the In formation of the board, marked "Exhibit 6J." Mr. Prout You say you haven't the let ter here, or a copy of It? Mr. Howe No. I think perhaps we can get a copy la the city from the newspapers, or ws might be able to find It published la the World-Herald, and I think there Is a file of that paper kept In ths library, and possibly we can find the letter In there. Mr. Prout Waiving objectlone to a copy Now. I consider this should not be treated aa a Joke and I Insist that opposing coun sel should not try to laugh us out of court. Q. Now, as a matter of fact, you don't know what eminent domain Is, do you? A. Not exactly the real definition of It. Q. Did you In considering the value cf any of these railroads consider that they had the right to exercise the powers of sovereignty, that of the stats Itself? A. The right of sovereignty? I wish that would be put in a little different way. Mr. Baldwin You needn't be surprised at that. I don't understand, either. It Is that way In the brief. Q. Your Idea of eminent domain is the J ,n tne tate' 18! 18M , 1895 1W6 Total 184.714.fi8 190.106.30 1B2.4H2 06 150,809.60 1899 19i0 , lni 164.S52.27 1F.2.CC9.78 151,232.64 .. .11,838.510.25 Mr. Baldwin With the permission of the attorney general, the respondents desire to offer in evidence the annual reports of the auditor of the State of Nebraska for the years, 1890, 1891, 1892. 189S, 1894. .1895. 1896, 1891. 1898, 1899. 1900 and 1901. The re apondenta offer In. evidence the grand as sessments for the years 1890 to 1901,- In clusive, marked Exhibit "B-l." There was a statement which was filed or prepared by the representative of the Elkhorn showing the assessment of lands and sales In cer tain countlea In this state and It waa referred to by Mr. Weston In bis testi mony and he says It has disappeared frdm his desk. We will try to find that If we can and we would like to make an offer of It now In evidence. It is a compiled statement of a certain number of counties ter of the Introduction of evidence we do think that the line should be drawn some where. Chief Justice Sullivan Couldn't It be disposed of this way? Personally, I think the evidence la not admissible, but with out stopping to consult In regard to It ws will receive It subject to your ob jection. Mr. White I offer In evidence exhibit "B-5," being a schedule showing ths sales of property n different counties and the selling price and also the assessed valua tion of the property. Mr. Baldwin The offer I made with reference to the taxes paid by the Union Pacific and the testimony of Mr. Bciibner I find I am In error ns to the years, the years are for 1898 and 1899, and I offer In evidence the taxes paid by the Un'on Paclflo In the state of Nebraska for the years 1898 and 1899, which is 1209,701. $1 and $297,983.87 respectively. Mr. Kelby The respondents now offer to show the total taxes paid to the state of Nebraska by the Chicago, Burlington Qulncy Railroad company and Ita pro prietory llnea for the year 1900 and 1901, being the taxes paid for all purposes. Mr. Baldwin Mr. Scrlbner advises me that that tax paid does not Include the tax paid to the state on our lands out side, that la on our land grant lands. Respondents rest. 1 In Rebuttal Mr. Slmeral offered the re ports of the State Board of Equalisa tion for the states of Kansas, Indiana and Missouri for the purpose of rebutting the testimony eontalned in the report of fered by Mr. Baldwin In regard to Illinois. (To Be Continued.) BIDS FOR SUPPUESAT MEADE Amonnt Contracted for Wonld Indi cate Increase In Force at Post. STUROIS. 8. D., July 18. (Special.) There was quite a crowd of Interested bid ders at the quartermaster's office, Fort Moade, this week to witness the opening of bids for grain nnd forage. It Is a some what pleasant fact to contemplate that the estimates made and on which bids were called for were larger than those of any military post In the Department of Dakota, and only excelled by two army posts in the United 8tates. As the esti mates called for by the War department are based upon the contemplated occu pancy of the poat for the ensuing year this call for forage and grain Is most sug gestive. Such a requisition would seem to Indicate that the War department In tends to fill the post up this summer, and with the 8100,000 appropriated by congress for new buildings and Improvements mat ters assume a very satisfactory aspect. SCANDINAVIAN EDITORS MEET Association Is Composed of Editors In II of th Northwestern States. 8IOUX FALLS, S. D., July 18. (Special Telegram.) At the annual meeting In this city of the Norwegian-Danish Press Asso ciation of the Northwest, which Includes the Danish and Norwegian editors of Wis consin. Minnesota, Illinois, Nebraska, North and South Dakota, the following of ficers were elected for the ensuing year: President, Charlee Brandt, editor Nord veatern, St. Paul; vice presidents, 8. S. Borenson, editor Tedende, Minneapolis, and J. F. Straas, editor of Fremad, Sioux Falls; secretary, M. S. Rasmussen, editor Ugen bladet, Minneapolis; treasurer, L. 8taven helm, editor Nye Nodmanden, Minneapolis. The next annual meeting of the associa tion, it waa decided, will be held either la St. Paul or Minneapolis upon a date to be fixed later. fact that they have a right-of-way In the atate? A. And had a charter In the state and were authorized under the charter to do business In the state and through the atate. Q. Did you know as a matter of fact the Union Paclflo has not the right of eminent domain In the atate at all? Mr. Baldwin I object as Incompetent. Overruled. A. Well, no. I didn't know that. Q. Did you know that for the very reason that they didn't have it that It had organ ized a Nebraska corporation to exercise that power? Mr. Baldwin I object, as incompetent, Ir relevant and Immaterial and not bearing upon the isaues; argumentative and asking for a legal conclusion. ( Overruled.) A. I think so. Q. What corporation had It organized to exercise the power of eminent doman? A. Well, that Is something that I don't really Know. Q. Well, what kind of a corporation was it that it organized? A. The corporation of the Union Pacific Q. The Union Pacific, you think? A. Yes, sir. Q. Did you know that the C. B. Q. haa not the right to exercise the power of eminent domain In Nebraska? A. I do not know. Q. What do you consider to be the value of the right of the Elkhorn to exercise the power of eminent domain? A. I couldn't say that. Q. You never did know, did you? A. Tne value, you hay? Q. The value of that privilege? A. Well. because It had the right under a charter to do business, and It Is livs property and It had earnings. Q. I waa asking you what you thought waa ths value of the right of the Elkhorn railroad to exercise the power of eminent domain? A. Under their charter I auppose toey had a right Q- What do you consider waa the value of that? A. Of the charter? No, sir; the value of the right to ex ercise the power of eminent domain? A. Well, that I don't know. I don't know what the value of that la. Q How much did you value the Union Pacific without reference to the earnings? A- as being aeaa property, do you mean? Q No, sir; I mean as it la, without ref erence to the earnings. A. I don't know whether we have put a value on It without earnlnga. Q Can you tell ua now.or with thla en tire mass of testimony can you tell us, what ths net earnings of Union Paclflo are In the atate of Nebraska? A. I don't think I could without looking at it I think It was somewhere about tt.OOO a mile I don't know. Q The Union Pacific? A. Yes. sir: think that is It I am not surs of that; the recoras are here. VI bo you put the assessed value at about what the amount of the net earntnga per mile were, as you thought? A. No. sir; that waa only en the main line the net earnings. Q Do you mean to aay there is any- ining in any or the reports before you that tell what the earntnga were on the main line of the Union Pacific? A. I thluk there ia In the reports there from the railroad companies, Q Now will you find It? A. The Union Paclflo la there. VI All right, we will eee If there Is anything there about the mala line, Juat take that report and see. A. There is the statement, it will ahow for Itself. Q Do you mean to aay that atatement tells one single word about the earnings of the main line? A. It doesn't say any thing about the mala line. Q How then did It happen when you aldut have single atatement showing. Mr. Harrington-1 object as incompetent, irrelevant and immaterial. Overruled. Mr. Baldwin I offer In evidence the amount of taxes paid by the Union Pacific railroad company for the years 1899. 1900 and 1901, marked Exhibits "B-2" and "B-S." Mr. Harrington I object as Incompetent and Immaterial. Overruled. Mr. Baldwin The respondents offer' In evidence the census bulletins of the United States for the state of Nebraska for agri culture and manufacture. These are the advance bulletins issued by the department. Mr. Howe I would like to ask counsel for what purpose he offers that testimony? Mr. Baldwin Under the suggestion of the court it has been receiving evidence with reference to the charge of fraud. The con tention . of the' relators being that the board acted fraudulently In . the matter, "grossly," aa they term It, and that, there fore. It Is a subject of review by this court and a large amouat of testimony haa been admitted. It Is always the rule where a fraud Is charged extreme latitude Is al lowed by the court in the admission of testimony, to which we bow. We desire to offer this evidence to show that the result of the action of the board waa fair, waa right and was Just, aa compared with any standard or criterion that the court may fix or that the counael in their vivid Imagination can present to the court; that It wae fair and Just relative to all of the property In this state; that It waa Juat and fair as compared with other statss sur rounding Nebraska similarly situated with like Industries of like character and like people. That there Is no atriklng disparity in the assessment such as would warrant the Inference or the Intimation that it waa fraudulent. This is offered for the purpose of allowing the court to consider It on this charge of fraud. There are many, many reasons that I could assign other than wbat I have Indicated. Mr. Howe I am aware that a great deat of latitude has been allowed here, and we have not made any objection, that Is no captious objection, and do not want to now. We will object to the testimony as incom Railroad Surveyors Boar SARATOGA. Wyo., July It (Special.) A corps of Union Paclflo surveyors that has been running lines from Walcott south, arrived here a few daya ago and is run ning surveys on into ths mountains. The engineers will say nothing about their work, but It Is presumed that the railroad company la selecting the best route and Trill be In readiness to push a road into the Grand Encampment country as soon aa the business from that section will Justify or as soon as a move ,1s mads by a competitor to enter the section. Clrl Dies from Eipomr. HANNA, Wyo., July 13. (Special.) A sad death occurred near here last week. The little daughters of David Griffith bad been visiting at a ranch fifteen miles from here and started home without saying a word to any one. It was some time before they were missed. A searching party found the elder girl dead in the aage .brush. She had lost her way and laid out all night, dying from exposure and hunger. Old Hsa Dies of Injnrles. SARATOGA, Wyo.. July IS. (Special.) Grant Smith, the old man who was fright fully Injured by a vicious horse a week ago, died from the effects of his Injuries. Deceased was an old rssldent of the Snake river country. Tno Beat Diarrhoea Medicine on Berth That ia what Mr. W. E. Landers, a prom' lnent farmer near Indianapolia, Ind., says of Chamberlain's Colic, Cholera and Diarrhoea Remedy. Read his testimonial "It gives me great pleasure to tell you bow much Chamberlain's Colic, Cholera and Diarrhoea Remedy has done for me. have used It for nine years and I think It la the best medicine on earth. It haa saved my life eeveral times. I would not think of being without a bottle of It in the house." YonnaT Woman Suddenly Iteniemnsrs, TERRELL. Tex.. July 13. The youn woman. Miss Ada Barker, who was brouaht to the atate Insane asvlum here potent and Immaterial, and for th. espe- ; 'ft ?y nas so rar recovered mat ane remembers having left her homo in New York durin clal reason that the laws of this state create boarda of assessors or officers to assess the properties In this state and that the return of those officers and their as sessments cannot be impeached in these proceedings; that they must be accepted as sound and Just and right, as well by these railroad companies as by all other taxpay ers. Chief Justice Sullivan On the Issue of actual fraud the range of evidence ia very wide and I think this Is clearly within ths ordinary nils and the svldenco will be re ceived. Mr. Baldwin I offer In evidence the pro ceedings of the State Board of Equalization of the etate of Illlnola for 1S9L which may be marked "B-4," particularly pages ( and tL Chief Justice Sullivan This was before the board? " Mr. Baldwin No, it was not before the board, but that would make no difference, we think. Mr. Howe Objects as Incompetent, Ir relevant, immaterial for the reason hereto fore elated in reference to the last offer and I desire to say that because we have consented te such liberality In the mat- the latter part of May for the Galvesto carnival. After reaching Galveston Miss uaraer s mind is a blank until within th last lew daya. The young woman was well supplied with money on leaving New York ana still retains a portion of it. She has written relatives in New York appris ing them of her whereabouts and condi tion. Physicians pronounce her case one of double consciousness, or recurrent dementia. Hsss Gets Hehenrtnc. MANSFIELD. O., July 11-Another hear ing will be given William M. Hahn, for mer state Insurance commissioner In the circuit court, this week. Following the cir cuit court decUlon the case will ne taken to tha Ohio supreme court for a final ren dering on the priority of Governor Nash's warrant for extradition to New York over the local warant on which the defendant Is under arrest here. While he haa been at hla suburban home near the city aince his release from the county Jail Mr. Hahn has been under the surveillance of the sheriff. Grand Army Will Reinstate Ware. FORT SCOTT, Kan., July 18 Eugene F. Ware, commissioner of pensions, who yesrs ago was a member of William H. Lytle jiubI, Grand Army of the Republic, of thla city and who allowed hla membership to lapse, will be reinstated at the next meet ing of the post at his request. Q(Q0HEMmN KING OF ALL BOTTLED BEERiS!- Order frona H. If ay Jt Company rwvjAituGLi) PRI-D1GESTEQ, vV. Inr.-fT. THOROUGHLY MOKDAy SdEKTlFlC AHD HYGOICSJ DELICIOUS AND NOURISHING1. asYnt. m SjsVM add ems Kinrnx pete mon imm Pure, Palatable. Popular. Millions Are Eating Malta-Vita "TS, Perfect, rcxxL" Malta-Vita with cream or milk and sugar. Malta-Vita and sliced bananas with cream, delightful dishes. Requires no CeoXIng. JULY II to 29 To Helena or Butte $10 Spokane or Nelson $40 Taooma or Seattle..... $13 Portland or Victoria $15 Siliinnl To MONTANA, WASHINGTON, and PUQET SOUND POINTS The Burlington Route via Billings is hundreds of miles the shortest and hours the quickest line. TICKETS, 1502 Farnam St. jw- near mm m s .5, H mrfcrnno x a a WIIWIIWIWIIW Jnf.nnal Park W f The PodbI' Short Line. Vl UNION PACIFIC and O.S.L TO MONIDA. MOST. TA Thence Via Splendid Concord Coaches to 1 All Points in the Part VERY LOW RATES .vln. . UNION PACIFIC viiriim sf w eriPlA.DXttst Fu." '"formation cherfully . furnished on appllcattoa City Ticket Office, rarnam fi clephone il PARTS 1 to 20 The Living Animals of the World NOW READY At The Bee Office Price 10 cents By mail 15 cents THE BEE fOll ALL THE NEWS