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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 16, 1902)
DECIDES ACAISST. SMYTH 2ftrtM Tili Fiidiip is Psialtj luit Atainit th Ualsa Pacific GOVERNOR SAVAGE LOSES A DIAMOND tarts Oat wl(k a l.antera and Finds tne parkier la. the tintter Where He thaaned .. . :l Street rnt. fFrotn a Sto.fr Correspondent.) LINCOLN, Sept. 15. (Special Telrgrem.) The last of the penalty suits brought by Constantino J. Bmyth during bla tenure ai attorney general against the railroads of Nebraska la about to be expunged from the records of the supreme court of the state. Early In I960 the fusion attorney general began several cases, taking In practically very railroad doing business In the state, nd asking that the court assess penalties aggregating 13,000,000 for alleged violations ef the maximum freight laws. One by one the suits have been abandoned and dis missed until the only one remaining was that against the Union Pacific, the amount which Mr. Smyth asked the road to con tribute to the state exceeding $. 000.000. The t'nlon Pacific case, after running the gamut of the co6rta' delays for over two years, wss referred some time ago to ref erees to take testimony and report to the court, with . findings thereon. E. R. Duf fle and Ed P. Smith of Omaha were named by the court as referees. Their report wss filed with the court today. The documenl asserts that exhaustive Inquiry Into the tes timony and the law leads to the conclusion that the penalities cannot be legally exsed from the railroad company. They recom mend that the statute be declared "uncon stitutional, Inoperative and void, and that the action be dismissed. " ' '' The court Is . expected to approve the recommendation at Ita September sitting, beginning tomorrow. The finding of the United States supreme court In the Ne braska maximum rate cases. It is under Stood, was the determining factor with the referees in disapproving the suits. "vase Recover Ilia Diamond. Governor Exra P. Savage turned Dio genes last night and, armed with a lan tern, stalked the streets of Lincoln. The executive . waa searching for a diamond, a large four or Ave carat sparklei, which he had loat from his shirt front. Governor and Mrs. Savage visited friends In the uburbs In the evening, returning home late. Then It was that the stone was dis covered to be missing. . Mrs. Savage was certain It waa In Its accustomed place as they were about to return home. Procur ing a lantern, the governor walked from the executive mansion to street corner in the business center, where he had pre viously changed street cars. The search waa rewarded after a half an hour, by the governor seeing the gem shining from a crevioe In the pavement. Governor Sav age would, not estimate the valae of the stone, which 1s a large one, and was given to him by friends In South Omaha on his tcoessloa to the executive chair. Coateatloa Over Water of Platte. The contention over the right to take the lower waters of the Platte river for power purposes assumed a new phaee to day. Andrew Rosewater of Omaha pre sented to Secretary Dobson of the State Board of Irrigation an amended applica tion for right to take the water. His previous application had been protested by J. E. Riley, promoter of the Platts tnouth Power company, and hearing on thla protest will ocour before the irrigation . board about October 'L " 7 . " ' Mr. Rosewater'a new application pro vides for the tapping of the Platte river a few miles below the town of Valley on the north aide of the river and Just above the mouth of the Elkhorn. He proposea to conduct part of the water from the Platte Into the main stream of the Elk horn, below which a dam will be built, and from this sufficient head Is to be ob tained te give a fall of fifty feet. The specifications provide for a developed horse power of. 25,000. Several miles be low another reservoir Is to be constructed which will furnish an additional 25.000 horse power. The estimated cost of the undertaking la $2,000,000. The Riley canal would not be harmed by the amended Rosewater plans, provid ing only the' tatter's upper reservoir Is constructed, the water from which would later flow Into the Riley ditch. It Is now suggested that a compromise has possibly been effected by which the two canals may be built without one Infringing upon the other. Foor New Baaks. Four more state banks will be added to the roll of Nebraska'a financial institutions, providing tbelr applications to carry on a banking business ara favorably acted upon by the State Banking Board. Applications were filed today with Secretary Royse of the board by tba following proposed banks: The Bank of Graf, located at Graf. John ton County. U O. Graf and J. O. Graf are the Incorporators, the capital stock being placed at $5,000. Thla bank will succeed the defunct Chamberlain Institution, which Is ow , being closed out under direction of Secretary Royse. , i The Brunswick bank, of Brunswick. Ante lope county. Its officers are Judge S. H. lornberger of Wahoo, president; Walt Older, rice president: M. M. Sornberger, cashier. The capital stock la $10,000, of which $8,000 la paid la. The Valley State bank of Bridgeport, Cheyenne county; capital stock. $25,000; paid In. $S,0M. The Incorporators are most Lin coln men. comprising H. K. Burkett, C. A. Morril, M. W. Folsom, J. J. Anderson, r. D. Ball and Frank PLIlllpa. J. J. Anderson of Lincoln, the defeated fuslcn candidate for register of deeds In Lancaster county In the election of last. November, will be the cash ier and have charge pf the operation of the bank. The First State bank of Hartlngton. Cedar county; capital stock, $100,000; paid In 130. 00. Tba Incorporators ara J.' O. Beste, J. C. Robinson, W. S. Elton. George F. Scovllle tnd L E. Jones, Jr. Barrens Caart aittlns;. The supreme court of Nebraska will con vene tomorrow for Its September session. The customary grist of opinions will be handed do a by the court, chief among h omac "It feels so uncomfort able. Food distresses' me. I get blue and despondent. I fear it is my heart. But my doctor says it's my stomach. And what did your doctor tell you to take? Aycrs Sarsaparilla? Quite likely, for he knows. Ju. Then the llrer la wrong, everything It wrong. Tbe digestion is weak. The disposition ( weak. The nerve are veak. Nothing acta veil. Just one of Vyer! Pllla each night will make these rong thiage right. ii CUU. J. C. m CO. LswtU. Im 71 7T ' O.i 1YIUOI which will be that of the suit of The Bee Building Company of Omaha against The State Board of Equalization. The plaintiff seeks to enforce a new sitting by the board at whlrh there shell be a revised valua tion placed upon the property of the rail roads In the state, It being averred that the previous valuation fixed by the board Is below that of other property within the state, and therefore Inequitable. The court tomorrow, In conjunction with the state bar, will hold memorial services In honor of tbe late O. M. Lambertson and William Leese. Committees appointed by the court to draft resolutions will report at that time. A. 8. Tlbbets, F. M. Hail, John L. Webster, E. J. Halner and John L. Baldwin will frame the resolutions ex pressive of respect for Mr. Lambertson, while the Leeee . committee includes 'John M. Stewart, M. B. Reese, F. N. Prout, O. W. Berge and J. L. McPheely. Reward for Marderer. Governor 8avage today offered the statu tory reward of $200 for the arrest of Oott lleb Nelgenflnd, who murdered Anna Peters and Albert Breyer last week In Pierce county and la now a fugitive. The commission of Frank P. Crandon a commissioner of deeds for Nebraska and resident In Chicago, was extended today by the governor for a term of five years. ON THE TRAIL0F NIEGENFIND Two C'laes to Whereabaats of Mar derer, bnt Mont Probable Owe froaa Pllsrer. PIERCE, Neb., Sept. 15. (Special Tele gram.) County Attorney Barnhart, who la directing the pursuit of Nlegenflod. the Pierce county murderer, has two clues as to his whereabouts. It waa reported this morning that two traveling men saw a man answering his description last Friday be tween Crofton and Hartlngton. Another re port waa received this morning from Con stable G. W. Goff and Defect 've Franklin, who are Stanton. They say th-t a man told them that he was acquainted with Niegenflnd and that on Saturday Niegenflnd rode with hi ji nearly tc Fllger. The man lid not know that Niegenflnd was charged with murder. Constable Goff thinks they are about four hours behind the murderer. Henry Carsten, a farmer ani. a bacholor, living about four miles southeast of where the murder was committed, aays that Nie genflnd stayed with h'm all night after the murder was committed. All be said was that he and Breyer had had a fight anl that maybe he had killed Breyer. That a wagon went past the bouse thnt night and that Niegenflnd rose up In be! an l cocked his revolver and eald if the sheriff came after him he would shoot him. That If he were kurrounded by too many men. hi would kill himself. Carsten said Niegenflnd was prepared to get out any Uuin as be did not take off hla clo'.hes when ho retired. Nlt genflnd rode wl'.l him mi to a load of bogs until lthln one mile of Wlnalde when he left, going south. Car-tor went to Win- elde with another load of hogs the next day, but heard nothing of the murder, until on the road home. He was Informed of It but refused to believe It until be asked his neighbor, August Koerttug, vrho told him It was true. The county rommi. .inner! held a meet lng today and offered a reward of $300 for the capture of Niegenflnd. . The funeral of Albert Breyer and daughter held yesterday was largely attended. Mr. Breyer was an old aettler in Pierce county and was a highly respected citizen. MINISTERS GO OUT SLUMMING Tell Concrearatlona on Honda- Who They Saw la the Disreputable riaeee. ... HASTINGS, Neb., Sept. 16. (Special.) A thunderbolt from a dear sky penetrated nearly al the prominent churches of Hast ings yesterday morning when the respective ministers began their aermona by telling a few facts which they had seen and learned about the places of degradation In Hastings and the people who visit them. It seema the clergy of thla city conceived the Idea of vis iting all tbe palaces of sin and places of iniquity In the city, and last week tbey put their Idea into action. Before starting they found themselves wondering how they could gain admittance into the places of vice, but soon they learned that all doors swing open, even to them, and they also found all that they were looking for, and more too. Rev. Van Dyke of the Presbyterian church said In his sermon yesterday morning that In every den or disreputable place tbe min isters visited they found a member of some one of their churcbea there, apparently en- Joying himself. Mr. Van Dyke further said that he did not hold Mayor Mtlea to blame for these dens of Iniquity in the city, because the mayor was enforcing the laws according to the manner In which the church membera desired It. The sermons were all full of Ore and were quite sensa tional. From all accounts the male members of the various churches must have had a "hunch," for tbey were conspicuous by their absence from church yesterday. 'Wholesale Grocery for York. YORK. Neb., 8ept. 15. (Special.) It is nearly an aasured fact that York will toon have a wholsale grocery house. Last week parties Interested came here and aecured options on trackage property near the Bur lington depot and on Lincoln avenue. They asked part lea whom they talked with to not aay anything about It. It Is supposed that the parties are either interested in one of Omaha's wholesale houses or are aome of the leading employea who expect to go In business for themselves. York's geo graphical location Is such that It would make one of the best distributing polnta in eastern Nebraska. Its railroad facilities are I the very best. Railroads run out of York In every direction. If something should happen that these parties do not build and start a wholesale grocery house, there are parties here who are becoming Interested and may start one. Polities r.t Treaatsea. TECl'MSEH. Neb., Sept IS. (Special.) Now that both the republican and the fusion county conventions have been called, things political In this county are on the boom. A county attorney, member cf the house of representatives end a commissioner from the Third district is all the officers there are to elect this fall. However, there Is a profualon of candidates from both camps. The republican float aenatorlal convention for the Second district, which Includes Ne maha and Jobcaoa counties, will be held In the town of Johnson. Saturday, September 17. The selection of a candidate for sena tor falla to thla county this year and there are two or three aspirants. Elka1 Fair Opens at Beatrice. BEATRICE, Neb.. Sept. 15. (Special Tel egram. ): 'The Elks' carnival opened here today with a fair attendance. Oppen belmer's shows will give performances day and night during the entire week and the famous Second Regiment band will fur nish tbe music. It the weather Is favor able Beatrice will entertain the largest throng of people visiting the city for years. Not Maeh Dii la York. YORK. Neb.. Sept 15. (Special.) The recent frosts have done some damage to corn, but to what extent Is not yet known. Many farmers believe that It baa damaged the very late corn, and others think that even the late corn was out of the way. Ycrk county corn crop will yield from fifty to ninety bushels to the acre, and a groat part of It will be fed te cattle and hogs. THE OMAHA DAIIE BEE; TUES1A, SEL'YKMllETl 1(T, 1002. GUARDSMEN STAT AT ROME Bovirner laTage Assign Lack of fnidi u One ef the Reasons. UNION PACIFIC STRIKE IS THE OTHER Etprruei Fear that Militia May Be Wanted to Sannreoa Violence Win They Are Attending the Manenvers. (From a Staff Correspondent.) LINCOLN, 8ept. 15. (Special.) The Ne braska National guard will not take part in the coming fall maneuvers at Fort Riley, Kan. Governor Savage today made public the following statement upon the subject: Arter looking into the matter fully I have concluded that Nebraska Is not In position to accept of the Invitation of the War de partment to mobilise the National guard at Fort Riley, and I have advised Adju tant General Colby to that effect. Various reasons Impelled me to that de cision. It would entail an expense of ap proximately 1:5,000. Many of the members are engaged In school work, both aa in structors and students, and to take them from their work at this time for a period of two weeks would work a hardship on them and seriously Interfere with the edu cational machinery of the state. My policy has been throughout my administration to require each institution and each depart ment to keep within the amount appropri ated and guard against expenditures In excess of that amount. The unexpended portion of the money appropriated for the National guard la sufficient to defray In cidental expenses only, and such expense as would result from moblllzatlng at Fort Riley would have to be met by a deficiency appropriation, a proposition -I am unal terably opposed to.' Another reason why I deem It unwise Is the industrial situation. For some time a strike has been In progress on one of the principal railway corporations, and while no request for troops haa yet been made. It la liable to come at any time, and It Is necessary that the state shall be prepared to respond promptly. To send the troops out of the state In face of such conditions would be unwise, if not perilous. However, that Nebraska may reap some of the benefit 1 have accepted an invita tion from Adjutant General C'orbln to send a committee of officers of the guard, and I have appointed Adjutant General Colby Itrlgadler General Barry Inspector General Hills, Surgeon General Evans. Colonel Wil liam Hayward, Colonel Harry L. Archer, Captain W. K. Brooks and Captain Bamuel E. Yoder as said committee. Unless detained by official business I shall attend the exercises myself. Will Make bat One Speech. The hopes of LIncolnites who wanted to hear two speeches from President Roose velt on the occasion of his visit to this city were dashed today by a telegram from Secretary Cortelyou, in which he said that tbe president declined to make more than one talk in any city. The arrangement was to have him address one gathering at the capltol grounds and another from the balcony of the Lincoln hotel. The program of entertainment will em brace a big procession and a general wel come. The president will be here one hour. He will be escorted to the capltol by a cordon of police and militiamen and citizens and uniformed organizations. Gov ernor Savage will Introduce the president, but will make no speech. Following the president's address a reception will be held. The street cars will not run during the hour the chief executive Is here. Thla was decided upon as a certain means of avoid ing any repetition of the Plttifleld tragedy. Mr. Day Will Walt. George A. Day of Omaha, one of the commissioners of the supreme court, who haa been tendered' tbe Fourth district judgeship made vacant by Judge Keysor's resignation, had a long conference with the governor today. It is understood that he will hot make hla decision until after the judicial convention la held. If he secures the nomination he will accept the appoint ment to tbe vacancy, while it someone else Is nominated he will retain tbe commit slonership. Commissioners la a Mqaabble. The minority and the majority In tbe Board of County Commissioners have again clashed. The trouble began some months ago, when Commissioner Tllton, conclud ing that he bad been duped Into giving a favorite, of Mr. Welton the remunerative contract for building tbe county bridges. In stigated proceedings which resulted In tbe annulment of the contract. In delivering Its opinion the court reprimanded the com missioners for tbe careless manner In which they let the contract and the haste displayed. This led to a feud between Tllton on one side and Welton and Borgelt on the other. An effort waa made to block Tllton's re nomlnatlon, but tbe convention was held too soon to make It possible to do this. Tllton lives In the most overwhelmingly republican district in the county, and a fight against bis re-election was found to be hopeless. At a meeting of the majority faction late Saturday evening a resolution was passed redisricting the county. It was not made public until today, and the fact that It makes it nearly an even ques tion whether Tllton can be re-elected from the new district has caused considerable comment. Friends of the commissioner say that It Is an attempt on the part of the other faction to make It possible to defeat blm at tbe polls. Tbe majority faction in sists that It was done to equalize the vot ing strength of the three districts. Wel ton had a close call when be ran, because all of the populist precincts in tbe county are In his district. He la said to desire a third term and wants to make himself safe. Another reason assigned is that Borgelt, who has moved from the Second ward to the Fifth, wanted the district changed so that he would be In line for a second term. By the redisricting the 1 Firth, formerly in Tllton's district. Is added to Borgelt's, and the Third ward, which has a candidate or two already for next year, is tacked onto a country district. By the new arrangement the city has one commissioner exclusively and the country two. Bald to Be la Hiding. Mrs. Albert Secbrest, alias Mrs. George Hertzler, the Lincoln woman who has been the central figure In a Kansaa City sen satlon, where she was discovered to be posing as the wife of two different men. Is said to bo hiding In this city. There Is no pending charge against ber In the Missouri city, but sbe doea not want to see ts porters. Her friends say that she Is pre paring to go back and confront her alleged slanderers. Secbrest, the man she claims is ber husband, was killed tbere last June, and Hertzler, who claims her aa his wife, Is a railroad yardmaster. The woman's mother, Mrs. John Strlne, lives at 445 North Twenty-sixth street, but Mrs. Be chrest is not with her. The 8trines are old residents and the woman's escapade have caused a big sensation la East Lin coln society. behool Teaehera Scarce. School teachers for the rural districts of Nebraska are still a scare article. A few weeks ago the aituatlon amounted al most to a famine and. while State Superin tendent Fowler reports that the shortage has been slightly relieved, still the prob lem is a perplexing one to many seres of districts. Vonnc Wonaaa Attempts Snlrlde. DAVID CITY. Neb.. Sept 15. (Special.) Mlsa Alblna Prohaska, about 20 years of age, mad aa unsuccessful attempt to commit suicide last night by taking same poisonous drug. She is considered out of danger this morning. Dlaappolalment In love affairs Is the supposed cause of her act. IS IT AN EPIDEMIC? Vital Statistics Skew Alarming Increase la aa Already Prevailing- Disease Are Aay Exempt? At no time In the history of disease has there been such an alarming Increase 'In the number of rases of any particular malady as In thst of kidney and bladder troubles now preying upon the people of this country. Today we see a relative, a friend or an acquaintance apparently well, and In a few days we may be grieved to learn of their serious Illness or sudden death, caused by tbe fatal type of kidney trouble Brlgbt's disease. Kidney trouble often becomes advanced into acute stages befor tbe afflicted Is aware of Its presence; that la why we read of so many sudden deatha of prominent business and professional men, physfclans and others. They have neglected to stop the leak In time. While scientists are puzxllng their brains to find out the cause, each individual can, by a little precaution, avoid the chances of contracting dreaded and dangerous kidney trouble, or eradicate It completely from their system If already afflicted. Many precious lives might have been, and many more can yet be saved, by paying attention to the kidneys. It is the mission of The Omaha Bee to benefit its readers at every opportunity and therefore we advise all who have any symp toms of kidney or bladder trouble to write today to Dr. Kilmer Co., Blnghamton, N. Y., for a free sample bottle of Swamp-Root, the celebrated specific which Is having such a great demand and remarkable success In the cur of the most distressing kidney and bladder troubles. With the sample bottle of Swamp-Root will also be sent free a pamphlet and treatise of valuable informa tion. Don't make any mistake, but remember the name, Swamp-Root. Dr. Kilmer's Swamp-Root, and the address, Blnghamton, N. Y., on every bottle. , CARS PILE UP IN THE DITCH Engineer and Fireman Dangerously and Tramp Serloaslr Injnred. VALENTINE. Neb., 8ept. 15. (Special Telegram.) A serious railroad accident oc curred about 8 o'clock this morning, six teen or eighteen miles west of here. Tbe regular eastbound freight train broke In two and part of It was left behind on the track unnoticed by tbe engineer. A special atock train waa following and as It rounded a downhill curve tbe engineer, J. S. Hall stead, saw the danger, set the sir brakes and reversed bis engine, but waa so near he could not stop, and, knowing the crash must come, he and the fireman, Tom Sutterfleld, Jumped from tbe engine. A brakeman in tbe cab with them climbed to the top of the cars and was thrown more than 100 feet away without being hurt. Cattle, cars and the engine of the special train are piled in a heap, down a ateep embankment. None of the passengers oa the detached portion cf tbs head train were hurt, tbey having run for their lives when they saw the special coming. A young man beating a ride waa seriously cut on tbe head, but will recover. The engineer and fireman are both here in a critical condition. Trains are slde-trscked waiting the clearing of the wreckage and repair of the track. MEMORIALS OUT IN THE STATE People of Nebraska Pay Lovlag Trlb ate to Memory; olfj President McKlnley. " jmammn-m SH ELTON, Neb., Sept. 15. (Special.) A union McKlnley memorial aervlce was held in the Methadlat Episcopal church laat even ing. The church was filled to Its fullest seating capacity.. Rev. Stlffler preached the sermon, and was assisted by Rev. Beller of the Evangelical church. Many loving trib utes were paid to the martyred president, and a special choir sang the songs which were his favorites. HARVARD, Neb.. Sept. 15. (Special.) Union services of all the churches of Har vard, was held last evening at the Metho dist church. Rev. V. A. Shirley of the Christian church, delivering an Interesting sermon. Specially prepared music by a combined choir of all the churches, was sn Interesting part of the exercises. BEATRICE. Neb., Sept. 15. (Special Tel egram.) Some of tbe churches In the city held memorial service yesterday In honor of the late President William McKlnley. Competing; Telephone Line. DAVID CITY, Neb., Sept. 16. (Special.) The city council, at the regular meeting last week, granted a franchise to the Benedict Telephone company of Benedict, Neb. This is an Independent company and will connect with all other independent lines in this and adjoining counties. The new company haa quit a large list of subscribers and It re ports the outlook decidedly encouraging. This will give David City a ..ompetitlng line, and the new company also promises quit a reduction In rates. School Improvement at Staatoa. STANTON. Neb.. Sept. 15. (8peclal.) The public schools opcaed here today with a good attendance. New facilities are being added, among others a modern steam heat ing plant, the Installation of which delayed the opening of school. Prof. H. E. Mason remains at the head of tbe schools for his fourth term. Cora Ripening; Fast. HARVARD, Neb., Sept. 15 (Special.) Corn Is fast ripening under the influence of two quite hard frosts, and the dry and windy weather. A conservative estimate would place one-third of the corn crop as more or less injured by the frost, ss sll corn not fully rip was more or less hurt. FUGITIVE GIVES HIMSELF UP Kansas City Man Charged with Jary Brining Surrenders and Pleads Not ' Callty. KANSAS CJTY, Mo., Sept. 15. Abraham Davis, charged with Jury bribing in tbe In terest of the Metropolitan Street Railway company In a damage suit, who has been a fugitive from justice for more than a year, surrendered today. He waa given a prelim inary hearing, pleaded not guilty and was released on 11,700 bond. Davis says be baa been la New York ever since he left Kansss City. The prosecutor hopes to secure dlsclousures from Davis' that will result in other arrests for alleged jury bribing In damage sulta. Philippine Revennea. WASHINGTON, Sept. 15-The bureau of Ir.fular affairs of the War department has prepared for publication a comparative statement showing the customs revenues In the Philippine archipelago for the fiscal year ending June si. compared with 19ftl. 19uu and expressed in United Slates currency. The statement shows that for the fiscal year ending June , M, the customs revenues were t8,2.7T7; for 11. I9.1ue,7&4; for DM), 6,7.7 and for I sat, ii.uuu.tM. Troopa Arrive at Fort Riley. JUNCTION CITT, Kan., Sept. 15-The Ant troops to take part In the war maneu vers at Fort Kiley, which will brtctn within a week, arrived here at noon today overland from Leavenworth. They con sisted of the Second squadron of the Fourth cavalry. JJ0 man. They started uviij Mvcuseru a war a aco loaev. ELUDES THE STANTON POSSE Assailant ef Anna lillswa Drops Out of light for Time leiif. COUNTRY STILL ICING SCOURED FOR HIM His Victim Has la Lars Meaaar He covered froaa tbe F.fTecte af Her Terrible El-perlenr. STANTON, Neb., Sept. 15. (Special Tele gram.) The pursuit of Welch Lowrey, who kidnapped and assaulted Anna Btllawa Sat urday night, is still being kept up under di rection of Sheriff King. Lowrey evidently made bis escape from the cornfield across the river during the night and no trace of him has been secured since. The blood hounds which were sent for have not ar rived. While the excitement haa died down some what, no effort will be spared to run him down, though tbere Is now no danger of a lynching unless be should csrry out bis threat and shoot some of the pursuing posse. Lowrey Is fully armed and also has plenty of ammunition, and it is also stated he is well supplied with money. He comes from a good family, but has been dissipated for the last few years. He is 24 years of age, Ave feet nine Inches tall and of slight build, weighing about 140 pounds; has light balr, smooth face and prominent chin. He wears a light suit of clothes and a light overcoat. Anna Blllawa, his victim, bas In a large measure recovered from the effects of ber experience, though still nervous. When she srrtved at the borne of her brother she pre sented a pitiable appearance. Her clothing was torn almost into shreds, the remnants of clothing and her balr were matted with sandburs and she waa utterly exhausted. MAY REINSTATE STILWELL Jndare Grant's Petltloa to Discharge Receiver of Guardian Trust Com pany of Kansas City. KANSAS CITY, Sept 15. Judge Amos M. Thayer of the circuit court today granted the petition of the stockholders, represent ing Arthur E. 8tilwell to discharge tbe re ceivers of fhe Ouardlan Trust company, ap pointed over a year ago at the instigation of John W. Gates and his following. The supporters of Mr. Stilwell, who at the .time the company waa thrown into the re ceiver's bands was president of the com pany, asserted In their petition to have the receivers discharged that tbe business could be conducted more economically with them. The Gates contingent opposed the move on the theory that Stilwell desired to merge the Gulf and Trust company into tbe Mex ican Trust company. It is said that Mr. Stilwell will be reinstated as president. Judge Thayer's order authorizes the re ceiver to pay Immediate direct liabilities to tbe sum of 1199,433, and make paymenta of contingent liabilities to the amount of $31, 880, taking from the persons holding the contingent claims agreements extending the Ume for tbe oavment of tbe residue. The direct liabilities ordered to be paid Include outstanding debenture bonds, mortgages on real estate, trust funds, open accounts and 116,000 due the estate of tbe late F. M. Black, by order of the court for services as receiver. A statement accompanying Judge Thayer's memorandum shows that there is $382,397 cash available at this date to meet the re quirements of the order, and it will leave a balance of 1101,624. Judge Thayer's order authorises and di rects the receiver, immediately on the elec tion and organization of the new board of directors of the Guardian Trust company, which the court understands will be elected, and will convene on October 22, to turn over to such board all property and assets of the Guardian Trust company in his hands. The stockholders of the company at their coming meeting are to adopt a resolution In structing tbe directors of the Guardian Trust company and Its executive committee to sell to the best advantage all the real property of the company, save such as may be needed for the transaction of business. The executive committee is also to sell, col lect or otherwise reduce to money, with all convenient speed, all bonds, stocks, bills, de mands, claims and securities which the not good Interest-bearing securities, to the end that the affairs of the company may be put In a condition for speedy and convenient liquidation. The minority stockholders wbo have ob jected to the discharge of tbe receiver must be given at least one representative en the board of directors to be elected October 22, who shall also be a member of the executive committee of tbe board. If such a committee is elected. Today's order by Judge Thayer marks the near approach of the end of the Guard Ian Trust company. This company wss or ganised ss tbe Missouri, Ksnsas and Texas Trust company in 1889 by A. E. Stilwell and E. L. Martin, with an authorised cap ital stock of $1,000,000, divided Into lO.CHH) shares of $100 each. In 1899, soon after the capital stock had been increased from $1,500,000 to $2,500,000, the name was chnnged to the Guardian Trust company. Tbe efforts of John W. Gates to secure control of tbe company and oust Stilwell culminated by Gates throwing the com pany Into the hands of a receiver. This was in November, 1900. An Infant forty years ago. Today a mighty giant. Cook's Imperial Extra Dry Champagne. America's favorite. SCIENTIST CHARJER REFUSED Jadate Says He Cannot Grant One for Concern that Combines Boslness aad Rellajloa, PHILADELPHIA, Sept. 15. The applica tion for a charter made by tbe First Church of Christ (Scientist) was refused today by Judge Arnold In the common pleas court. In hla opinion Judge Arnold says: The charter applied for in this case covers a double purport' a church and a business. We have power to grant a charter for a church, but we have no authority to grant a charter for a corporation for profit, that la, a business corporation. Continuing, the court quotes from tbe textbook of Mary Baker G. Eddy Instruc tions to Christian Scientists to sell and clr- at A baby la whatever its parents make It Thla la so even to the first stages of (gestation, when, 1 the mother fets proper treatment, the baby will be a jolly, laughing, wood tempered, robust little angel. Nature when aided by Sf other's Friend will give a healthful child with a free and graceful body, which la evidenced la elastic action of the limbs, clear skin, bright eyes, fine hair. We ticlaiss Invol nntarily over such a creation, "How beautiful I " meaning not necessarily that the child is pretty, but that ita general effect is one of seeming attractivene&a. Mother's Frumdi a liniment for external application. Women's own pretty fingers rub it gently on the parts so severely Used, and it is Instantly absorbed and so lubricates tbe parts. Year druggist sells it for 11.60 per bottle. Yea my have esr book " Motherhood " fKtt. THE DRADFIELD REGULATOR CO.. Atlanta. Ga. PE-RU-NA NECESSARY TO THE HOME. A Letter From Congressman White, of North Carolina, PE-RU-NA IS A HOUSEHOLD SAFEGUARD. No Family Should Bi Without It. PERUNA is a great family medicine. The women praise It as well ss the men; It Is Just tbe thing for tbe many little catarrhal ailments of child hood. The following testimonials from thank ful men and women tell In direct, sincere language what tbelr success has been In the use of Peruna In their families: Louis J. 8cherrinsky, 103 Locust street Atlantic, Iowa, wrltea: "I will tell you briefly what Teruna has don for me. I took a severe cold which gave me a hard cough. All doctors' medi cines failed to cure it. I took m,. tw,tn. cf Peruna and waa well. J "Then my two children had bad coughs accompanied by gagging. My wife bad I stomach trouble for years. She took Pe- ' runa and now she is well. I "I cannot express my thanks In words, i rrcommena your remedy at every op portunity, for I can conscientiously say that there Is no medicine like Peruna. Nearly everyone In this town knew about the slAness of myself and family, and they have seen with astonishment what Peruna has done for us. Msny followed cur example, and the result was health Thanking you heartily, I am." L. J. Srher rinsky. Mrs. Nannie Wallace, Tulare. Cel.. Pres ident of the Western Baptist Missionary Society, writes: "I consider Peruna an indispensable art! fie n my medicine chest. It is twenty !rVn 'nd h" 80 c"-ed every sickness that bas been In my borne general health, drives -?'!"P Peruna protects tb. r.mii- -t. . protects tbe famii . . COtlffns tiMa . . ; . . of the stomach. Z ? MMm 00 laneJ'- It Is Ii Your Health depends almost entirely on the condition of your stom ach. If you suffer from dyspepsia. Indigestion, sleepless ness or that tired feeling, THE PERFECT BREW ..jc niouun BKCiit win put you right see CriM1?' nr our stomach that will Injure health. Let us send you a case today. Bfe dewing Co. culate the publications of Mrs. Eddy, failure to do tbe same being sufficient cause for ex pulsion from mebershlp In the church. "This shows," saya the court, "that the so-called church is a corporation for profit organized to enforce the sale of Mrs. Eddy's books by its members, which Is a matter of business and. not, pf religion. As the courts have no power to charter such a corporation the application for a charter Is refused." SUNSHINE FOLLOWS CLOUDS Which Same la All that the Weather Maa la Washington Known Aboat It. WASHINGTON, Sept. 15. Forecast: For Nebraska and North and South Da kotaPartly cloudy Tuesday; Wednesday fair. For Iowa Fair Tuesday; warmer In central and east portions; Wednesday fair. For Missouri Fair; warmer Tuesday; Wednesday fair. For Colorado, Wyoming and Kansas Fair Tuesday and Wednesday. For Montana Partly cloudy Tuesday; probably showers la west portion; cooler In southeast portion; Wednesday fair. Local Record. OFFICE OF THE WEATHER BUREAU, OMAHA, 8ent. 16. Official record of tem perature and precipitation compared with the corresponding day of the past three years: 1902. 1901. 1900. 1899. Maximum temperature .. 79 69 71 81 Minimum temperature ... 66 54 65 ft) Mean temperature 68 62 & 72 Precipitation .4 .00 T .00 .00 Record of temperature and precipitation at Omaha for this day and since March 1, 1902: Normal temperature 65 Deficiency for the day ., 3 Total excess since March L. 74 Normal precipitation lOlncii Deficiency for the day 10 Inch Total rainfall since March 1 21. 90 Inches Deficiency since March 1. 2.17 Inches Deficiency for cor. period, 1901.. Deficiency for cor. period, 1900.. Heaerta froaa atatlaas at . 6.75 Inches .1.95 Inches i T P. M. -4t CONDITION OF THS WEATHER. c i: : Omaha, cloudy Valentine, clear North Platte, partly cloudy ... Cheyenne, cloudy Salt Lake City, partly cloudy.. Rapid City, cloudy Huron, partly cloudy VCIUistnn. clear St. Louts, clear St. Paul, partly cloudy Davenport, clear Kansas City, partly cloudy .... Havre, cloudy Helena, cloudy Hlsmarck, cloudy Galveston, clear 721 78 1 l 64 72) 76i 66 6K W 621 (8 M 64 641 76 .00 .00 .Oil .00 T .00 .00' .ou .00 .oo .00 72 .00 .00 .00 .00 T Indicates trace of precipitation. L. A. WELSH. Local Forecast Official. WL'fi xr'W ml GEORGE H. WHITE. Just ss sure to cure a esse of catarrh of the bowels as It Is a esse of catarrh of the bead. Congressman George Henry White, nf Tarboro. N. C. writes the following letter to Dr. Hurt man In regard to the merits of the great catarrh cure. Peruna: House of Representatives, Washington, Feb. 4, 189!. The Peruna Medicine Co., Columbus, O.: Gentlemen "I am more than sat isfied with Periin, nnd find it to he an excellent, remedy for the grip and catarrh I have used it in my family and they nil join me in rec omending it as an excellent rem. cdy." Very respectfully George II. White. Peruna is an Internal, scientific svs temlc remedy for catarrh. It is no pal liative or temporary remedy; It Is thorough In Its work, and In cleansing the dlsensed mucous memDranes cures the catarrh ,4ctory rMult 'rora the use of Peruna. Dr. Hartman, giving n your case and he will ! ?"mm 1T u his valuable advise Brans. u?' J', Pr"'dpnt of T"9 ; Hartman Sanitarium. Columbus, Ohio. that your Omaha. Phone 2dm FOLLOW THE FLAG Nebraska Official Train TO Washington, D. G. Leaves Chicago via Wabash R. R. noon, Oct 6. via Detroit. Niagara Falls and Buffalo; arrives Washington afternoon Oct 6 sleepers, tourist cars, etc.. through, long limit, stopovers. See Nlgara Falls. Rate 115.85. Chicago to New York and return'. 123.30. sold Oct. 2 to 6. Boaton and re turn $19.00. sold Oct. 7 to 11. Wabash 'New City Office. 1601 Farnam, or address Harry E. Moores, O. A. P. D., Omaha, Neb. DR. McGREW SPECIALIST. Treats all forms of DISEASES AND . DISORDERS OF MEN ONLY 27 Year Experience. 17 Years In Oman a Mis remarkable suc cess tia never been equaled and every ly brings many Mattering report of the good ho U doing, or the rellei be ha given Hot Springs Treatment for Syphilis And all Blood Poisons. NO "BKKA KING OUT" oo toe sklo or face aud all external signs of thedlneHsn (IWappcar nt once. vawvH viVkHVk in less Liiun 4U lisys VARICOCELE cure guaranteed In Over 30 ooo vitality, unnatural cases cured of nerv ous debility, Inns of discharges. Rtrli-tnr Kidney and illad.ler Diseases, I Uvrfrru.,! 00. ol H ' W" rT ' T? Ira inni ,-i , , n, Treatment by mall. P. O. Box 766. Office over 215 S. 14th street, between Farnam anl Douglas 8ts., OMAHA. NEB. I'm Hlf for tiBnttaiti dtKbargM,UlBiHPlIUfttltU irniAiioes or ulcortttoal f Bat i n n a avsataw hravnsnm ' W aVltalananV. sktld Mali ttwutOHUilu Ga eai r pouoauue. tnrsB.n,s .rj r,wt:. I The Bee J prints daily the most complete : Sporting News . i The sporting department of a tic tiiwuia uuuuajr f is unexcelled. " OF- . . aaaa A a. a A A a, a a, e a. I HON. 2! m.- m mm m tunsuarsj. I B hllftt 1 aiaal V V o . a. a. ,