BURT BEFORE POLICE JUDGE
riuU Sot Quilt; to Ta ChargM sf Fal
Impriionnsfnt.
COURT SETS TRIAL FOR NEXT WEDNESDAY
Defendant Glrti Bonds for Tare
Headred Dollars la Earn Caae
Caagat ay rho((ripkfr aa
He EnUra Court.
President Horace O. Burt of th Cclon
Faclflo Railroad company waa arraigned bs
fors Judge Berka yesterday morning en
ten warrants charging him with false Im
prisonment, to which charge he pleaded not
guilty, waa admitted to bonds in the earn of
$3,000, released and hl trial let for Sep
tember 1.
Thla la the atatua of the caae brought
against President Burt br the men whom
the Colon Tactile imported 8unday from In
, dianapolla. Aa haa been publiahed theae
Ben, ten In number, claimed to bar been
employed by the company's agents under
false pretenses, namely, that there was no
trlke on the Union Pacific, and they fur
thermore afsert that they were Imprisoned
on the car at Council Blaffs and at the
hops by William Canada, chief of the
Union Pacific's secret service. It was for
this alleged false Imprisonment that the
tea men swore to 'warrants of arrest for
President Burt aud W. Arnett, employment
gent of the company. The case was placed
la the hands of the county attorney and
Deputy Thomas Is personally conducting
the prosecution.
President Burt entered the court at 10:3J
yesterday morning, one hour and thirty
flre minutes behind schedule time. He was
accompanied by John N. Baldwin, general
counsel for the Union Pacing, and John C.
Vlssard, special agent for the company. The
other Union Pacific attorneys, Bdaon Rich
and Charles L. Dundey, who wera Mr. Burt's
bondsmen, wera already there, having ar-4
rived at the hour appointed for the arraign
ment Prealdent Burt walked to the front
f the room and took a seat. He wore an
amused expression and as he turned to
scan the ourlous crowd thai, thronged the
court room a broad smile bedecked his atern
countenance.
'Mr. Bart glgna His Bonds.
After a few minutes' consultation with
Judge Berka. Trosecutor Thomas and Attor
neys Rich and Dundey, Mr. Baldwin beck
oned to President Burt to step to tho desk
and sign his bonds. , These, as have bnao
atated, were ten in number, one for each
warrant, and wera In th& sum of $300 each.
The president consumed but a tew minutes
In this operation. He displayed no emotion
whatever and his hand swept across the pa
per with as steady a stroke as if he might
have been signing receipts for large rail
road revenues.
The officer of the court waived the read
ing of the warranto, and Judge Berka then
said:
"It will now be necessary for you to plead,
Mr. Burt. 'How do you plead, guilty or not
guilty T' '
"Not guilty," quickly Interposed John N.
Baldwin, before President Burt had had
lima to realise the court's question. Then,
turning to his leading attorney. Mr. Burt
asked, with manifest cariosity, "What was
thatt" ,
"Do you plead guilty or not guilty T" re
peated Judge Berka.
"Oh, not guilty," spoke the president. In
a low tone.
"Well, gentlemen," said the Judge, "it Is
agreed, then. Is it, that this case shall be
aet for September I at 10 a. m.T"
"Tes." answered the attorneys on each
side In ualsori, and the court Informed Mr.
Burt that he would be expected to appear
for trial at that thW
"Very well. Is that allt" asked the presi
dent. ' . ,
"That U all." Judge Berka replied, and
Mr. Burt, bidding tho court and attorneys
good morning, left the room with Mr. Bald
win and Mr. Vlssard, returning to the head
quarters. ne Nothing to Say.
Aaked If he had any statement to make
after the proceedings were over. President
Burt replied: "Nothing at all, there la
nothing to say."
The occasion of the president of a great
railroad being summoned to appear In po
lice court on a warrant of arrest created
unusual Interest and drew to the court room
a large crowd of curiosity seekers. Before
o'clock the court room was filled and
stragglers stood In front of the police sta
tion, all eager to get' the first glimpse of
the man whom, theae "horny-handed aons of
toll" bad accused of depriving them of their
liberty. There was ths chronto Juror In
the motley . crowd, ths Inpecunlous ha
bitue of police courts, the man who never
misses a session of these minor mills of
Justice, a number of strikers and many of
the complaining witnesses. In addition to
theae was the usual run of "morning glor
ies" Waiting for their sentences aa "vags"
or "auspicious characters."
The crowd manifested considerable Impa
tience whea 10 o'clock came and still Pres
ident Burt did not appear. It was the pur
pose of Attorney Rich and Dundey to dis
pose of the matter Without bringing the
president Into court it possible, but Deputy
County Attorney' Thomas objected to this
flan and Insisted that Mr. Burt's presence
was necessary.
"Very well," replied one of the attorneys
and tho prealdent was then called np oa
telephone and advlaed that his presence In
court was required.
Caagat fcr Saaaahot ' Artists.
As President Burt, John N. Baldwin and
Special Officer Vlssard of the Union Pacific
got within a few yarda of the police sta
tion a photographer, representing a news
paper, who had been standing on that very
spot for several hours to catch the presi
dent, called to him. This was merely to
attract Mr. Burt'a attention so that a front
view could be caught. But President Burt
was unconscious of the trick and turned as
soon as his name was called.
"Now put that thing right up," he aald.
catching alght of the camera, but It. was
to late, for the mischief waa done, and
before the president bad advanced many
feet farther the shot waa repeated, and the
aame performance took place as he came
out of the police station.
The president walked to and from his
office and the police station. He was mani
festly annoyed at the unusual demonstra
tion, though evidently could not restrain a
smile at the real humor of the situation,
which seemed to impress Itself upon all
present.
Attorney Baldwin was asked it be had any
statement to make and said:
"No, we merely entered a plea of not
guilty, which, of course, does not prejudice
oar right to move for a dismissal of ht
case or demur whea the time comes." Ths
court assented to this.
Mr. Arnett la out of ths city and eould
not be reached with the warrants.
The plaintiffs in ths case against Presi
dent Burt are not entirely satisfied with
dropping matters at criminal prosecution.
They want mora than mere redreaa for
their grievances, insisting that they must
be remuaerated for the time and money lost
la coming out to Omaha.
"Therefore we have decided," aald one of
the men, "to Institute civil action, If possi
ble, to recover money for the time we have
bee a Idle, that ia, since we hired to the
eompany'a agents la Indlaaapolla, i for the
Individual tees paid for the pos tlons and to
secure transportation back to our homes."
Suiue of ths me a are at work t a brick
yard, getting enough money to bear their
actual expenses while here, bnt two or three
have been Instructed to proceed with this
esse, and they consulted attorneys yester
day as to methods of procedure.
Yesterday waa uneventful la strike af
fairs outside tho arraignment of Prealdent
Burt. A few of the workmen left the shops,
probably seven In all, and no new ones were
Introduced. Strikers who. are keeping In
close touch with the situation at, the shops
declare that the men on the Inside are more
restless than they have been at any time
since the strike began and would leave the
shops but fcr tho restraint of guards. The
strikers are maintaining larga picket forces
day and night on all sides of tho yards. -
CROWD AT THE BAND CONCERT
Warm flight Brians Oat Maay Bn
taaelasts, Who Warmly
Applaad nivela.
The first warmv alght .In many daya
brought out 2,000 people to hear Rlvela and
his band last night. Mild weather appar
ency released the approbation of the large
audience, and the applause came In great
swells after every number, unstinted, un
failing. The sextet from Donlxettl's "Lucia di
Lammermoor" came eighth tin the program
and was the artlstlo climax of a triumphant
evening of mualc. This number found a
keen rival for popular favor, however. In
Big. Betaro's harp playing, which preceded.
His offering of "The Suwanee River" aa aa
encore proved the Intimate bond which drew
the hearers mora closely to the muse's va
riations than any other selection. Pader
ewskl'e "Minuet" as played waa a gem of
Interpretation,
Friday afternoon next la to be the chil
dren's matinee. The committee la charge
of the festival haa Just set aside thla time
for the little folks, and the admission for
all under It years of ti will be onlv ia
ocnts. A swarm of the Juvenile lovers of
musio is expected on that occasion. Today'a
programs:
MATINEE.
L .
March Phlllpovlch Bchmld
Overture Morning, Noon and Night.. Suppe
Trumpet Solo A Dream Bartlett
. Bl- 08 Mltrla.
"Gems of Stephen Foster" Tobanl
Solos
Blgnorl DI Natale, Dt Pulvlo and 'Scarpa.
II.
March Tannhauser Wagner
Intermesso Cavallerla Rusticana.Maacagnl
Walts-Loin du Bal unlet
Grand Selection Polluto Donlsettl
Solos ,
Blgnorl Falma, Marino and Curti.
- EVENING.
. X.
Symphonic March Return from Turin.
Oye'ureBeautifui'OaiareVV.V.V.V. Suppe
Trio for Flute, Oboe and Harp Idyle
Britannlque Plllevestre
Blgnorl Lamonaca, Ferullo and Betaro.
"Dance Macabre" (Dance of Death)..
n i: Sent Batfns
Grand Selection Carmen Bizet
Prelude Habanera Toreador Introduction.
March and Finals Act IV.
Solos
Blgnorl Palma, Marino, Curt'C Feruiio.
II.
"Siegfried's Funeral March" Wagner
Songs
(s) "All the Wdrld Awakes Today"... '
... V.;:.V. ""A"" Edward German
(b) "1 11 Sing Thee Songa of Araby"..
, Clay
(c) "I Will Give You the Keys of
Heaven" .... Old England
Mr. Arthur it. Burton, accompanied by
, . Mr. Channlng Ellery.
Reminiscences of Scotland" .... Godfrey
Soloa for All Instruments
March-Patria , Murao
Amusements.
If anyone had a doubt that ragtime re
talna a precedence -as va ..popular drawing
eard with the masses It would have been
dispelled had they atUnded Krug Park last
night, where the special event was a con
cert of this syncopated style of harmony by
Huster's band. The audience waa most en
thusiastic and applauded their favorites un
til the number of encores responded to were
nearly as numerous as tho compositions oa
the reguar program. In addition to coon
melodies by the band, Huster contributed a
recitative and aria by Paudert on tho trom
bone, and for an encore rendered "Young
Werner's Parting Song," by Neaaler, both
receiving tumultuous approbation. Aa event
that attracted nearly as much attention aa
the musical program waa the cakewalklng of
a number of children who congregated at
the pavilion. Some of ths IHtlo ones dis
played cleverness approaching a professional
standard. ' The moving picture production
of "Jack and the Beanstalk," the "Passion
Play" and other free shows provided a va
riety of entertainment. Oa Friday the band
will play a program composed of light opera
selections.
PENSIONS FOR WESTERNERS
Survivors of tho Ware Generously
Remembered by the Gen
eral Goverineat
WASHINGTON. Aug. 27 (Special.) The
following pensions have been granted: '
Issue of August 2:
.-ri?'""U: Noah Hockman, Dorchester.
$6; Carrlngton Hammer, Weeping Water!
6; Richard P. Maddox, Lincoln, to. In
crease, reissue., etc William Steele, Ne
braska City. U. Widows minors and de
pendent relatives: Mary A. Morris, Oor
don, $8.
Iowa: Widows, minors and dependent
relatives-Elizabeth J. Muck, Clarlnda. ii:
Mariraret Leuach, Traer, t.
South Dakota: Originals Joshua V. R.
Priest, Milbank tt.
Issue of Auguat 4:
Nebraska Increase, reissue, etc. Ellas
Qulnn, Iturchard. 8; Isaac N. Alderman,
Oasis, $17; Joseph E. Spencer, Beemer, $8;
Aaron 8. McCarter, Wymors, $12 (Mexican
war).
. Iowa: Originals-Charles W. Harmon.
Iucky Valley $4. Increase, reissue, etc.
Francis E. Walker, Bedford. 110; Edwtn
O. Dickens. West Union. 18; Mark- W.
Wright. Epworth. $8; Edward MoOunn,
Davenport. Ill; James R. Minor. Oakvtlle,
$19; Christopher Blllhlmcr. Clarksvllle, M;
Leander O. Oinn, Dee Moines. 1!7; Wil
liam U Hay, Fort Madison, 110. Widows,
minors and dependent relatives Caroline
Ellis. Dowa, $8 (Mexican war).
Wyoming: Increase, reissue, etc Wes
ley B. Cox. Rawllna, $10.
South Dakota: Increase relasus, etc.
Charles H. Palmer. Mitchell, 110.
Isaue of August t:
Nebraska: Widows, minors and depend
ent relatives Lucella M. Moore, Harvard.
$8.
. Iow,L Increase, reissue, etc. William
Mcol. Osage. U: Nathan Blgelow, Soldiers'
Home, Marshalltown. $17; Alva H. Jarvls,
Waverlv. Ill; Henry C. Crandall. 8hell
Bock, $30; Horaee A. Chtpman, Manson.
$8; Leander D. Oreen. Osage. $12; Ben
jamin Kingsbury, Ames. $10; Samuel Mof
fatt, Tyrone, 110. Widows, mlnore and de
pendent relatives Minors of Charles 81m
plot, Dubuque, lit
Issue of August (:
Nebraska: Originals Henry Sehlbe, De
catur, i; Loud E. Wbltsel. Oeneva ttf (war
with 6aln). Increase, reissue, etc. Jos
eph J. Lichtv, Lincoln, tit.
Iowa: Orlitlnals John B. Smith. Soldiers'
Home. Marahalltown, $ Increase, reissue
etc. Tidense W. . Lane. Moravia. IJ.'
Widows, mlrora and dependent relatives
Msry Jane Baker. Clarlnda. 112.
Wyoming: Originals John A. Mason.
Dubois, to.
Issue of August T:
Nebrsska: Originals Frederick White
head. Wood River. M; William Balfour.
Nebraska City, U; John H. Mills, klprlng
field, Ht Increase, reissue, ete. J notes
Divert. Doraey. UO. Widows, minors and
dependent relatives Nancy lilgbt, Norfolk,
Iowa Originals William Whitney, New
Hartford. U: Edward Black, Jeeup. f. In
crease, ralsaue. etc. Jcob Twiu. iMuy
vllle. is: Jerome Beabury, Union, $10; Beth
B. Btevens. Maavn City. 117. Widows,
minora and dependent relatives Angellne
D. Jones, Unique, (; Levlna R. Felt.
Osage. U.
Wyoming: Originals Nelson T. Wood,
Bnldlera' and Batlurs' Home. Cheyenne, IV
Buuth Dakota : Orlg'-iji 'balts C.
Brunaomao. Eikton. U. w
THE OMAHA DAILY BEE: TIIUItSDAY,
STATISTICS 0N RAILWAYS
lateretato Coaaaaerea Coaaaalesloa Re
ports for Year stadias;
Jaae SO, lftot.
WASHINGTON, Aug. 27. Ths Intarstata
Commerce commlsaloa today Issued a sum
mary of the annual report on statistics of
railways la the United States, covering the
year ending Juno 20, 101. Ths number
of raUways In the hands of receivers on
that date waa forty-five, a net decrease of
seven, as compared with the corresponding
date of the year previous. The capital stock
represented by the railways In the charge
of receivers was $49,478,257. funded debt
$64.748, 2 and current llabllltlea $14,183,
230. These figures show a decrease la cap
ital stock represented aa compared with
1900 of $61,818,69$ and In -funded debt ot
$62.44,SG0.
Ths total single-track railway mileage In
the United Statea June 20, 1901, was 117,
237 miles, this mileage having Increased
during the year 1,892 miles. The operated
single-track mileage in respect to which
detailed returns were made was 195,571
miles, this mileage Including 5,0 miles of
line on which privileges were granted. In
cluding tracks of all kinds the aggregate
length of railway mileage was 266,36$ miles,
an Increase of $,562 miles.
, There were 39,584 locomotives In the
service of the railways, which was 1,921
mors than were in use the previous year.
Tho total number of cars ot all classes In
ths service on the date atated waa 1.651,
833, there having been an increaae of 99,
99$ In rolling stock of this class. Ths
number ot persona in ths employment of
ths railways of ths United States Juno 80.
1901, was 1,071,169, or an average ot 648
employes per 100 miles of line. As com
pared with June 20, 1900,. the number ot
employes Increased (3,616. 1
The amount of railway capital outstanding
was $11,688,177,991. This amount oa a mile
age basis represented, a capitalization of
$61,628 per mils ot line. Of the total cap
ital stated $5,806,697,104 existed In the form
of stock,, of which $4,476,439,721 waa com
mon stock and $1,831,167,383 preferred stock.
The amount which existed In the form of
funded debt was $6,881,680,887. Ths amount
of current liabilities which Is not Included
In tho foregoing figures was $620,408,419, or
$3,266 per mils ot lins.
The number ot passengers carried was
607,278,121, showing an Increase for the year
ot 80,412,891. The number ot tons of freight
carried during the year was 1,089,226.4471, a
decrease of 12,462,798 being shown. The
gross earnings from the operation of the
railways la the United States were $1,688,-
526,037, being $101,481,223 mere than for the
fiscal year 1900. The operating expenses
were $1,030,397,270, having Increased In com
psrlson with the preceding year $68,968,759.
Tho total number ot casualties to persons
on account of railway accidents were 61,
794, ths numbsr ot persons killed ' having
been 8.456 and the number Injured 63,339. Of
railway employes 2,67$ were killed and 41,
142 were injured. The number ot passen
gers killed during the year waa 282 and the
number Injured 4,988. Tho number of per
sons other than employes and passengers
killed waa 6.498, and Injured 7,209.
WAINWRIGHT TAKES NEWARK
aatlaaro Hero Gets Coanaasvael of Pro
tected Cralaer aa Result of
Prospective Cb a a ares.
WASHINGTON, Aug. 27. Ths Navy de
partment announced today that Captain
Colby M. Chester would succeed Csptaln H.
Davis aa superintendent of ths naval ob
servatory. Captain Davla will be placed la
command of the battleship Alabama as the
successor of Captain Wlllard H." Bronson,
who In turn will succsed Commander Rich
ard Walawrlght as superintendent of the
Naval academy at Annapolis. Commander
Walnwrlght, who achieved great distinc
tion in the tea fight off Santiago as com
mander of the converted yacht Gloucestsr,
which destroyed the two torpedo boat de
stroyers of the Spanish fleet, will be as
signed to tha command of the protected
cruiser Newark when It goea into commis
sion, October 15.
MUST NOT BET00 ACTIVE
Department laatraete Poataaaster as
to What Degree Ha May Par
ticipate la Polities.
WASHINOTON. Aug. 27. The part whlca
postal employes ars to ba permitted to take
In a political campaign la outlined In ths
following Instructions which Acting Post
master General Wynne has addressed to a
postmaster who sent a letter of Inquiry:
In reply to your letter you are Informed
that you are not prohibited from Joining a
political club, nor making voluntary finan
cial contributions outside of a government
office or building, nor from acting as a
delegate to a county, state or congressional
convention.
You should not, however, serve aa chair
man of a state or county committee, nor
take active part in conducting a political
convention, nor make yourself unduly
prominent In local political matters.
DEATH RECORD.
- Jesse Heifer, Hehroa.
HEBRON. Neb., Aug. 27. (Special.)'
Jesse Heifer, a. resident tot this city, died
here yesterday. He would have been 82 years
old today. He waa burled thla morning from
the Christian church, where an Impressive
funeral service wss conducted over his re
mains by ths pastor, Rev. R. A. 8hell.
Many of his old friends and comrades were
present. Morton post,, No. 17, Grand Army
of the Republic, ot which deceased waa
a member, escorted tho remains to ths
cemetery.
George W. Do Harts,
CEDAR RAPIDS, Ia., Aug. 27. George
W. Ds Haven, pioneer clrcua proprietor, ia
dead here aged 65. He was ths first show
put to Inaugurats ths "railroad" circus
and also Introduced Romaa hlppodroms
races in circus performances. Da Haven
had organised thirty-three different clr
cusses. Interment will be at Polo, 111.
O. P. MeOarvIe, Telegrapher.
LOS ANGELES. Aug. 27. O. P. McGarvle,
a well known commercial telegrapher, la
dead at his home In this city, sged 27 years.
Hs had been employed In the local Western
Unloa office for the last two years. X widow
and one son survive him, also two brothers,
ons living in New York.
Rot. Thoaias Gallaadet.
NEW YORK. Au. 27 Re. Thnm,, R.I.
laudet, D. D., a Protestant Episcopal clergy
man, wno was aoiea lor bis work among
deaf mutes, died at hla home ia this city
today. He waa born at Hartford, Conn., In
1822.
FIRE RECORD.
Rsrrliea, Idaho, la Dasger.
SPOKANE. Wash.. Aug. 27. A special to
the Chronicle from Harrison, Idaho, says,: A
hot lire la raging here aad the entire towa
la ia danger of destructloa. The lire started
In the Cameron Lumber company's plant
about 2:30 p. m., ths supposed causa being
a spsrk from aa engine. The Cameron plant,
valued at $60,000, la -already destroyed. A
high wind la blowing toward ths east.
Should (t turn toward the towa there is lit
tle hepe of saving It The cltlxens ars fight
ing tha Ire. but are almeet powerless, as
ths aster works throw but fssbls streams.
AFFAIRS AT SOUTH 'OMAHA
Effort Being Mad to Sscira Eitsniionof
Street Bail way.
TO REACH FORT CROOK AND BELLEVL'E
Proal.deat Morphy Gives Aaaaraaeo
That Proposed Kxtenaloa Will Bo
Coastderoel by Dlreetoi
Macle City Gossip.
Another effort Is being made to Indue
the street car company to extend Ita car
line on Thirteenth street to Bellevue and
Fort Crook. Dr. Kerr, president of Belle
vue college, had an Interview recently with
Frank Murphy, president ot tho Omaha
Street Railway company, and while no defi
nite promises were made, Mr. Murphy as
sured Dr. Kerr that the matter would
soon be considered by the directors of
ths company. The growth of tha college
and the placing of the Second and Third
battalions of the Twenty-second United
Statea Infantry at Fort Crook demand that
there be soms means of transportation be
tween these points snd Omaha.
Members of the East Bide Improvement
club say that they are doing all they caa
to Indue the street car company to -extend
Ita lino on Thirteenth street, -which
now ends at Dominion street on tha south,
so as to connect with the Missouri aveaue
Une.
Property owners oa Thirteenth street do-
J Irs soms kind of street car service and
re hopeful that the deal between Dr.
Kerr and President Murphy will go through.
It waa thought by East Sldere that the
Thirteenth street line would be extended
so as to connect with the Missouri avenue
line,' but as this haa not been done it la
predicted that the delay Is caused by ths
consolidation recently reported.
Inspector Jones Basy.
Sanitary Inspector Jones was busy yes
terday afternoon looking after some of the
alleys In tha business portion of the city.
Hs will at once serve notice to clean up
and unlesa thla Is done within forty-eight
hours arrests will follow. Soms of the
alleys, particularly in the business portion
of the city, are in a filthy condition and
demand Immediate attention. In apsaklng
of this matter the Inspector said last even
ing that there was no excuse for dirty
backyards or alleys, aa there is a good road
to the river, where garbage may be
dumped with aafety. He proposes there
fore to insist upon a thorough cleaning up.
Fire Hall Equipped.
Chief Etter of the fire department atated
yesterday that tha No. 2 hall, which was
partially destroyed by fire on the night of
May 30, waa now In service again. About
1,000 feet of new hose was purchased by
tha council and tha chief has sent thla to
ths No, 2 house. As soon aa the Labor day
parade Is over the No. 2 wagon will be
sent to the shop tor repairs and an ex
ercise wagon substituted. The repair to
the building were made at the expense of
the city with the expectation that the In
surance company wouiu aviuo avuravitua.
Calling- for Bids.
Chairman Miller of the buildings and
grounds committee of the Board ct Educa
tion la advertising for . bids for the con
struction of a four-room addition ta tha
Lowell School. The plana, drawn by .Arch.
Itect Davis, have been approved by the
board and the specifications are now ready.
All bids for thla work, must bo accompa
nied by a certified, check, for $100. In ad
dition to thla tha board reserves the right
to reject any or all bids. - Bids will bs
opened at a meeting of the board to ba
held on September 2. 1
Pre fear In a- for Labor Day.
All of tho labor organizations In South
Omaha are making preparations for the
celebration on Labor day Mayor Koutsky
has Issued a. proclamation requesting bus
iness men to close their places and direct
ing that ths city ball ba closed. The banks
will be closed all day, but business at tha
Live Stock exchange will go on as usual.
A parade of the local -jinlons Is being
planned.
Ineorrlaable Boys.
Police Judge King proposes to commit
Charlea Emma and Frank Bomaster; both
lada about 12 years of age, to the reform
school. These lada have of late been mak
ing the police considerable trouble aad
have frequently been taken Into custody
for minor offenses. As t the youngsters
seem to be beyond control, an effort will
be made to send them to the reform
school.
Pay Solicitors' Llceaae.
Yesterday Max Rosenthal called at the
office of Cltv Treasurer Howe and n.M th.
tea of $100 for tha privilege ot maintaining
a solicitor. The Rosenthal case haa been
tried in the police court and waa taken
thence to the district court. - in nrd.r to
do away " with any further litigation Mr.
Rosenthal decided to pay the fee demanded
by the city, although he atated at the time
payment was made that he considered the
amount entirely, too large.
Complaint Agalast Hashes.
A complaint was filed In police court
yesterday afternoon charging Joha Hughea
with highway robbery. It waa asserted by
Qeorge Lamb that Hughea assaulted and
attempted to rob him at a point near
Thirty-third and L. streets Tuesday. Lamb
haa a badly battered face to abow, but hs
says that he disposed of his money so
that Hughes did not get any of It. Hughea
la bow In Jail. '
W. O. Hopklaa Dead.
W. O. Hopkins, an old resident of 8outh
Omaha, Is dead. Funeral services will be
held at 9:30 o'clock this morning at
Brewer's undertaking establishment. In
terment will be at Laurel Hill cemetery.
Rev. R. L. Wheeler of the Prahv.ri.n
church Will officiate. The fleeA.i1 wM.fe-
at his trade aa a barber here for
and the members ot ths Barbara' union will
attend the funeral.
Soaio Msre Sewers.
A sewer Is now being laid from Twenty
fifth and U atreeta to Twenty-fourth and
Q atreeta. This aewer when completed
will cost about $800 and will be paid for by
the property owners and will be known aa
a private sewer. Tha necessity for this
Improvement haa been apparent for soma
time and complalnta from the Board of
Health forced the property ownera to take
steps to .Improve the sanitary condition
of tho locality Included In the district
mentioned. A twelve-Inch sewer is being
laid and thla ia considered plenty large
enough to last for a number of years.
Hospital Bea'K Toalght.
The first of a scries of dramatle enter
tainments to bo glrea by the young peo
ple of South Omaha for the benefit of the
local hospital will ba given tonight at
tha Eloaae building on Twenty-fifth atreet.
A pastoral drama called 'Home. Sweet
Home," will be produced. Soma changes
havs been made la the Interior arrange
ment of the ground Boor of the building,
and as a large number of tickets bars
bees sold tt is expected that the re
eelpta will assist materially la maintain
ing the hospital. Entertainments will also
be gives oa Friday and Saturday even
ings. Magic city Gosalp.
Ed 3. Brennan waa on the atreeta yes
terday ceiling ufoa old fiieadj. iix. Breo-.
AUGUST 28, 1902.
nan has been seriously 111 for over seven
months.
George Westcott Is visiting friends In
Colorado.
H. Dunn la back from a two weeks' va
cation spent In Denver.
MJss Anna Levy la back from a two
weeks' vacation spent In the east.
Dr. J. M. Tlsche has gone to Minnesota
to apend a few weeka with relatives.
H. Reed, wife and daughter returned yes
terday from Chicago, where they spent the
summer.
While still on the el-k list Chief BrtRs
of the police department was at his office
for a short time yesterday.
Superior lodgo No. 193, Degree of Honor,
will meet on Thursday evening for the pur
pose of Initiating candidates.
The drill team of camp No. 100J, Modern
Woodmen, will give an Ice cream social at
the camp hall thla evening.
Physical Director Baker of the loonl
Toung Men's Christian association has re
turned from a three weeks' vacation spent
In the east.
TRUSTS A MISNOMER
(Continued from First Psge.)
Last annrnnrlnt.lv named. Thev were
called respectively "The Aladdin Lamp
company" and "Tha American Octopus
company."
Tne aupreme coun or xne uniteo siaiea
and several of our presidents have more
than once called attention to the gravity
of the situation, and we cannot suppose
that men occupying such high positions of
responsibility would wantonly excite public
apprehension.
There Is one form of tyranny that gov
ernments, however Instituted, cannot at
least directly emerclne. Efforts have often
never successfully. The natural laws of
trade always triumphed over the artificial
laws of men. But whoever can control the
supply can Ox his own prices, as we see In
the case of Pharaoh in Egypt It was not
ss king that he asserted . that power, fur
the command of the supply would have
given it to htm If he had been a private
Individual.
Presldeat Roosevelt (tooted.
President Roosevelt has said more than
once that the Dower of corporations over
prices should be subjected to public control.
Very recently he said: "We may need and,
In my Delier, we oo neea new legislation
conceived in no radical or revolutionary
spirit, but In a spirit of common sense,
common honesty and a resolute desire to
facta as they are."
This language Is clear and will meet with
general approval. The principal difficulty
pertains to the remedy. If existing laws
could be enforced perhaps no new ones
would be needed. In all of the states where
the English common law prevails contracts
greatly in restraint oi trare ana monopo
lies of all kinds are Illegal, and though
some states have chartered corporations
with power "to do all 'hings that a nat
ural person may ao, yet tnese eniargea
grants do not authorise them to create
monopolies, because even natural persons
cannot do that without violating the law.
It would seem then that a like violation by
a corporation would furnish good ground
for a forfeiture of its charter. Bat there
are Indications that all ot the courts would
not so hold. A few of the states favor
these combinations and derive a consider
able revenue from the grant of unlimited
charters to all applicants. Under th" cir
cumstances uniformity of action Is nvt to
ne expected, in tne absence or that uni
formity statutes like that of Squth Caro
lina, Just noticed, have but little effect on
foreign corporations. The state may expel
them and their agents from Its boundaries,
but If the articles which thev wutdIv are
among the common necessaries of life they
must still be bought and probably at higher
prices than It such acts bad not been
passed. (
Primary Elections aad the Mlaorlty.
Several' of the states are still wrestling
with the nrnhlem of nrlmarv elections.
Some of us can remember when, many
years ago, books and pamphlets were pub
lished recommending aa panaceas lor all or
our political Ills, pnlnorlty representation
and primary or nominating elections,
which, aa aaserted, would eliminate both
the political boss and ths political dema
gogue. Aa to minority representation. It was not
very clear how, as elections are held fr.r
the purpose ot silencing minorities, any
advantage could be gained by perpetuating
minorities In the representation. Accord
ingly experiments along that line have
proved to be unaatlstactory. As to primary
elections, some Intelligent observers are of
the opinion that, so far from doing any
good, they only make matters worse The
objections are that they prolong the strife
of a political contest; that they involve
much additional expense; that they tend to
increaae iraua ana corruption, oeing neia
in the bosom of a single political party
whose members are not Inclined to reveal
arty secrets; that by substituting a bouse
to nouse canvass tor a ir. ana open puuiio
discussion they lead to an ignohlej political
scramble, rife with personalities, misrepre
sentation ana sianaer. tnus lowering tne
political level ana exciuaing many persons
irom thst active participation in the elec
tions which would be beneficial to the pub
lic; that, so far from obstructing tne po
litical boss and the political demagogue,
they open a field peculiarly suitable ior
their capacity and for the exercise of their
favorite methods, and that one of the
effects, it not the purpose, of the primary
elections is to head off the Independent
candidate; whereas, when the party ma
chine haa done its worst. It sometimes
happens that the Independent candidate
affords the only hope of rescue from a pub
lic calamity.
I express no opinion on the subject, but
tt Is difficult to see why the boss and the
demagogue, when active and efficient In a
single election, should throw up their hands
at the prospect of a double election.
When Lord Byron waa asked what was
the beat form ot government he answered
that thev were all so bad that It waa hard
to nay which was the worst. Certain It is
that hone of them live up to their Ideals,
We believe, however, that a representative
form Is the best. Its theory Is that ci
men In their private affairs usually all
things being equal choose the best tailor,
the oest shoemaker, the beat lawyer and
the beat doctor they can get, having re
gard not only to their knowledge and their
skill, but also to thdr honesty, they will
use like discretion In choosing their po
litical agents. In practice the rule does
not always work out In that way,- and
men who are notorloualv unfit, partly
through party management and a desire
to reward party aer vices, sometimes of a
reprehensible character, are elected to po
sitions of great responsibility. If the theory
on which our form of government Is based
waa carried out the official representatives
would be greatly auperlor to the average
constituent, but it often happens that he la
greatly below the average, both in respect
01 competency ana integrity.
Evil of Oar Ouveraaneat.
It Is sometimes said that every people
naa as gooo a government aa it aesires,
and this Is true of all that are free. The
evils that Impair the auccesaful operation
of our governments, both state and federal,
are deep seated, and quack expedients,
dealing with surface Indications, cannot be
relied on to do any good. "Therein must
tha Datlent minister to himself."
A clamor Is made In aome of the states
for what Is called ths Initiative and the
referendum an idea borrowed from
Switzerland, whoae thinly-Inhabited can
tons hardly equal our countlea lit wealth or
fiopulatlon. We have always had ths In
tlative since a proposed law must be very
absurd and hopeless If no member of the
legislature can be Induced to present It for
legislative action.
The referendum we have alwaya had. for
If any law is objectionable the voters can
always choose representatives who are
pledged to Its repeal. Thla would seem to
be quite sufficient without authorising In
significant minorities to keep alive unend
ing controversy by a factious and Impotent
tealstance Inlmlci! to our form of govern
ment which rests on the will of the ma
jority of the people for the time being; not
that majorities are Infallible, but because
public questions must be settled In some
way and because, as a general rule, ma
jorities are more likely to be correct than'
minorities.
Popular Election of Senators.
Several of the statea have recommended
an amendment to the federal constitution
requiring senators of tne United Statei to
be elected by popular vote. This Is one
of many signs of distrust of our legislative
bodies. The.e Is probably no very valid
objection to this change, as It Is clear that
sines ths rise of political parties, the de
vice of a secondary body of electors, though
well suited to the time when the federal
constitution wss framed, servea at present
no uaeful purpose, aa we see In the case
of presidential electore who no longer act
on their unbiased Judgment, , but under a
political pledge Impoaed when they were
nominated for that position. But It la bv
no means sure that the election of senators
by popular vote will confer any benefit,
seeing that It cannot be easily explained
how the same voters, who cannot elect
good representatives, csn be confidently
expected to elect good senators.
At the conclusion of Judge Rose's address
there as a brief reeeee, after which rou
tine business. Including election of mem
bers aad tha reading of reports was
taken up.
, Chaaeellor MeClala of Iowa.
Th Association of American Law Schorls
waa la session this tiurnoon, Aa address
as made by the prealdent, Kmlln MrClaln,
of ths University of Iowa Collegs of Law,
who aald In part:
Lawyers and Judges will alike hear me
out In saying that the elaborate textbook
opinion In which a whole branch of the
law le expounded, regardless of Its appli
cation to the facts of the case In hand. Is
confusing and often absolutely misleading,
and the time necessarily expended In dis
covering what the court hsa really de
cided In that case Is a eojrce of constant
vexation. I think I may safely say that
the bulk of reported opinions could easily
be reduced to one-fourth of that which
now appals the lawyer and the Judge as
he sees the new volumes of reports carted
Into his library each year. To summarise,
the reduction would be brought about by
writing a memorandum only In one-half
the cases and putting it In such form that
the case could not possibly be cited In
support of any proposition whatever. Then
In caaea where opinions should be written
the length of the opinion could be greatly
reduced by considering only the points of
some practical Importance, and as to which
an opinion Is worth while, and, finally, the
discussions of the points which are worth
while could be mnde much shorter by the
statement only of ultimate facta, Instead
of elaborating the reasons and facts which
the Judge considers and rejects In reach
ing thnm which he finds satisfactory snd
for which he Is willing to vouch.
There In no Indication that the common
law system of determining and administer
ing Justice can be. or ought to be, radically
changed. But it lies with the legal profes
sion, composed of lawyers and Judges, to
Improve that system that It may approach
more nearly to what Its old champions have
so often declared It to be the perfection
of human reason.
A paper, was presented by Joseph H. Beale
of Harvard and the University of Chicago
law schools on tha "First Tear Curriculum
for Law Schools."
Th Bar association, In general session
this evening listened to papers by Judge
M. D. Chalmers of London, Parliamentary
counsel to the British treasury, on "Codifi
cation of Mercantile Law" and Judge A. M.
Eaton of Providence, B. I., on 'The Origin
of Municipal Incorporation In England and
In the United 8tates."
Montgomery for Nebraska.
The association elected a general counsel
from each of the atatca and territories, in- I
eluding the following: Alaska, Melville C.
Brown of Juneau; Arixona, Everett E. Ellin
wood ot Flagstaff; Arkansas, John Fletcher
of Little Rock; California, Charles Monroe
cf Los Angeles; Colorado Lucius W. Hoyt
of Denver; Idaho, William W. Woods of
Wallace; Illinois, Lester L. Bond of Chicago
Indian Territory, C. L. Jackson of Musoo-
gee; Indiana, William P. Breen ot Fort
Wayne; Iowa, C. C. Cola of Des Moines;
Kansas, John D. Mllliken of Mcrherson;
Missouri, James Hagerman of St. Louis;
Montana, W. F. Bandera of Helena; Ne
braska, C..8. Montgomery of Omaha: New
Mexico, Thomas B. Catron ot Santa Fe;
North Dakota, Burleigh F. Spalding of
Fargo; Oklahoma Territory. Henry E.'Asp
of Outhrle; Oregon, Charles H. Carey of
Portland; South Dakota, Charles O. Bailey
of Sioux Falls; Tennessee, E. C. Camp of
Knoxvllle; Texas, F. C. Dlllsrd of Sherman;
Utah, Charles 8. Varlan of Salt Lake City;
Washington, C. H. Hanford ot Seattle;
Wyoming, Charles N. Potter of Cheyenne.
RUSE TO GET COMMISSIONS
Mystery (arroasdlsg the Supposed
Death of Alleged Bestoa Millionaire
Cleared I'p by Confession.
chicauO, Aug. . TBe mystery sur
rounding the supposed death of "Phlleus
Jones, millionaire," of Boston, whose death
notice recently appeared la Chicago news
papers, waa cleared up today by tha confes
sion ot John A. I. Lee, g local real estate
broker, that ho had Invented "Mr. Jones"
In order to secure real estate commissions.
A ruse waa planned by Lee, whereby
"Mr. Jones" was to buy extensively of Chi
cago ; property for hotel purposes. An
agreement waa drawn up between tha sup
posed Jones and a real estate owner and
commissions were promised.
These promised commissions were offered
as security for a Joan. Suaplclon waa east
on Lee, when th death notice appeared.
In explanation Lee, who ia an old. man, said
he felt aura he could have sold tbs property
to someone if he had had time. It ia aald
no prosecution will result.
OUTPUT OF PACKING HOUSES
Omaha Passes th Million Mark aad
Keeps I p Its Lead for
geeoad Place.
CINCINNATI, Aug.. IT. (Special Tele
gram.) Price Current aays: Offerings ot
hogs havs been reduced. Total western
packing ia 185,000, compared with 825,000
the preceding week and 175,000 last year.
Since March the total la 9,185,000, agalnat
11,486,000 a year ago. Prominent place
compare aa follows:
Chicago I,02S,0M 1.186,000
OMAHA 1,080.000 1.11.000
Kansas City 8MO.000 1.750.000
8U Joseph 764.0OO 1.003.000
St. Louis 6u0,OU 840,000
Indianapolis 440,0110 608,000
Bt. Paul 270,000 , 243,000
Cincinnati IM.OOO 262.000
Ottumwa lW.OO 276.000
Milwaukee 187,000 239.O00
Cedar Rapids 1S6.000 229.000
Bloux City 433,000 271,000
Extended Inquiry concerning present sup
ply ot hogs In western statea results In
an Indicated decreass of II per cent com
pared with a year ago.
Awful Loss ml ljrn
Follows neglsct of throat and lung dis
eases, but Dr. Klng'a New Dlsoovery cures
such troubles or no pay, 60c, 11.00.
IMPLICATES RETAIL BUTCHERS
Witness la Beef Traat Iaqolry De
clares Uniform Prices Agreed
... rpon by Meat Dealers.
ST. JOSEPH, Mo., Aug. 17. Tho beet
trust ' Inquiry, begun yesterday, waa con
tinued today. Tbs Intsrest waa much
greater and tha attendance larger. Th
cross-examination of John wood, a local
butcher, who had testified to the existence
of a combination among tha packera,
brought out very little of Importance.
Hs admitted that ths rstall butchers naa
agreed upon a acala of prices, but said that
this waa rendered necessary by tha pack-
era' trust. He also admitted that th pack-
era bad mads "concessions" ia tho matter
of over rips meat, which ha had sold at
the regular scale for Orst-class msat.
Ths examination was conducted oy Alex
ander New and Frank Hagerman ot Kansas
City, of counsel for the packera.
A baby is whatever Its parents maaa It This is so even to th first
stages of gestation, when. If the mother gets proper treatment, th
baby will do a ollv, laughing, good tempered, robust little angel.
Nature when aided by Mother' t Fritnd will give a healthful child
with a free and graceful body, which is evidenced in elastic action
of the limbs, clear skin, bright eye, fine hair. We exclaim Invol
untarily over such a creation, "How beautiful I" meaning not
pecesaarily that the child U pretty, but that ita general r fleet i one
of seetnioz attractiveness.
JUttAer's Frumd ia a liniment for external application. Women's
own pretty ftDgerg rub it gently on the parts ao severely taxed, and
it is Instantly absorbed and so lubricate the parte,
Yoar druggist sells it for Sl.0 per botrl
Voa may havs our book "Motherhood" r)CC.
THE DRADFICLD REGULATOR CO.. Atlanta, g.
COAL RUNS INTO BIG MONEY
Advisor Board Opens Bids Citj'i Sup
ply of Black Diamond.
ANTHRACITE AT TWELVE DOLLARS A TON
City Comptroller Thlnka All Blda
Ought to Be Rejected, bat Mayor
Saya Prices May Co
Higher.
At the meeting of the advlaorv board
yesterday afternoon bids for ths city fuel
supply were opened, and although the
members were all aware In a general way
that the price ot coal was high, the fig
ures presented were such aa to cause gen
eral surprise. There were Bv bidders fot
the fuel contract T. C. Havens, C. B.
Havens A Co., the Nebraska Fuel com
pany, ths Coal Hill Coal company and
Coutant Squires, but only three ot them
quoted any figures on anthracite coal, T.
C. Havens offering to furnish it tor 115
per ton, the Nebraska Fuel company for
$11.65 and Coutant at Squires for 111.60. On
the various kind of soft coal th price
ranged from $7 25 to 7 per ton, according
to the qualtty or the locality In which it
Is mined, and seml-anthraclte was quoted
from $9 upwsrd.
It Is estimated that th city will not us
a greater , quantity of hard coal than
twenty-live tons, It principal need In the
fuel Una being for varloua kind of soft
coal for use at th city ball In making
steam, at tha city Jail and at th election,
booth and other place where only small
quantities are required. There will be re
quired, however, about 1,500 ton of stesm
coal, and In all perhapa aa much aa 4,000
toas of the varloua klnda of soft coal during
Ing the winter.
Blda oa Bltamlaoas.
Ia the bids so many different kinds of
bituminous coal were mentioned sa to
make any comparison of tho figures almost
Impossible to ons not thoroughly ac
quainted with the coal business.
T. C. Havens Quoted Cherokee steam
coal at $2.87, Rock Springs lump at I6.S5
and Southern Illinois lump at 15.40.
C. B. Havens A Co. 'a bid waa fnr Charn.
kee steam coal, 12.85; Danforth, $2.17 per
naif ton; Trenton, $5.80 per ton; Jackson
Hill, $7.20 per ton.
Th Nebraska Fuel comnanv Afforarf
Weir City at $2.75 per ton; Cleveland. $2.15
per ton; Cleveland lump, $2 per half ton;
Cleveland lump, $3.75 ner ton: Canon Cltv
lump, $7 per ion.
Ths Coal Hill Coal comDanv'a flmrea
were: For pea mixture, $2.6$ per ton;
Cherokee tack, $2.83; Walnut block, $4.21;
Do Vernon, 111., $4.75.
Coutant at Bo. u I re made onlv ona nrio.
on soft coal. $3.68 for either Iowa or Mia.
ourt nut mixture.
On seml-anthraclte coal T. C. H.v.n.
bid $9.20 per ton; C. B. Havens ft Co., $9
per ton; the Coal Hill Coal company, $9.10
per ton, and Coutaut ft Squires, $9.25 per
ton.
Suggests Rejection of Blda.
fjMMMt.lu. Tr--,vAV- fi .
Jectloa of all bids. In ths belief that the
city would do better In the open market
after ths end of the present strike. Mayor
Moorea said that from what he h.l h.n'
able to learn of the coal situation he felt
convinced that the price would not be
lower at any time during the winter, even'
ir the strike should be brought to a closo
at once, and that they would probably go
higher. The eastern market, be said,'
would be first supplied and the western
consumers would get no relief for soma.
time to come. . ' ,
Th bids were all referred to Secre
tary Coburn tor tabulation and will be
presented at a future meeting for further
consideration.
Keep the body healthy ant thlfl atASJinn tit
using Frltkly A Kb Bitters. It ) a nariis-
sary condition to successfully resist ma-
lanai germs.
BISHOP TO BE A BUSY MAN
of Conferences la Nebraska,
Iowa aad Kansas.
SAN FRANCISCO, Aug. 17. Bishop J. W.
Hamilton of tha Methodist Episcopal church
will leave tonight for the east, to be absent
three months.
During thla time he will have charge
of the Germaa Methodist conference in
Minnesota and Iowa, the Swedish confer
ences In Kansas and Nebraska and the
English conferences In Iowa, Oklahoma and
Indian Territory,
He will also attend ths first great na
tional missionary convention at Cleveland,
O., In the middle of October, and will par
ticipate la th conference of bishop ot th
Methodist Episcopal church at Saratoga,
N. T., and the annual meeting of the Mis
sionary and Freedman' Aid and Church
Extension societies or th whol Methodist
denomination at Now York City.
LOCAL BREVITIES.
The meeting of 'the Seventh Ward Re
publican olub acheduled for tonight haa
been postponed one week on account of
Inability to secure the tent which the club
expected to pitch on Park avenue this 1
week. 1
Mary A. Byers Is ths plaintiff In a Suit In
the district court whereby she seeks to 1
recover $1,000 as damages to the east Idt 1
feet of lot 1, Bartlett's addition, by reason '
of the grading of Thirtieth atreet from
Leavenworth to Mason street.
Anna Rasmussen has filed suit In the dis
trict court for divorce from Chris Ras
mussen, to whom she waa married la thla
city April t. Ui. The complaint alleges 1
desertion dating from June 9, 19u0, and the
plaintiff aska the court to restore her
maiden name, Anna Trinity.
PERSONAL PARAGRAPHS.
Julius 8. Cooley has returned from a'
trip to southeastern Nebraska on legal
business. He saya the people In that sec
tion are greatly Interested in the Ak-Bar-Ben
festival and will coma to Omaha in
force.
Dr. Town left Wednesday for a trip
through New Kngland. He will meet Mrs.
lewne In Vermont, she having been with
friends about Boston since June. After a
visit to his alma mater, Dartmouth college.
In New Hampshire, they will return by way
of Philadelphia and Lansing, Mich.