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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 6, 1902)
THE OMAHA DAILY BEE: THURSDAY, NOVEMBER C, 1902. (murdered by his stepson DOCTORS ENDORSE Gerhard Barchus of PlatU County Tictim SWAMP-ROOT of a Trsfedy. BODY CREMATED IN A STRAW STACK Bof Coafeaaes to the Crlmr, laiftllcat. laK Hla Two Yoaaaer Rrntkrra a ad Mlatreat meat la spired tae Deed. For Uric Acid. Kidney mid Bladder Troubles. 1 3c " ... - f sfgass 1 1 1 1 1 1 I I . eaT f 1 H I I fill , P illll)lllllllIIH REARS RAILROAD TAX CASE Supreme Court Listen- to Argument in a Long-Delayed Appeal RIGHT TO ASSESS UNUSED RIGHT-OF-WAY loraj Taiatloa Claimed by the Coaatr of Caster Bad Restated by Ownera of Bar-llaBrtoa. (From a Staff Correspondent.) , LINCOLN. Neh., Nov. -tV-BpoiaD A. ult Involving the right of county authori ties to assess for local taxation unusuoj right-of-way of - railway company has coma from Custer county. -It Is the case of the Chicago. Burlington Qulncy com pany against the county of Custer. In 1S87 nil 1888 the railroad company and Ita predecessors obtained right-of-way, con sisting of a atrip of ground 100 feet wide, long Ita surveyed line for a railroad cross psrts of Sargent and Union town ships. During these two years the com pany did considerable grading upon the right-of-way and partly built some bridges. It was designed as an extension of the op erated line from Central City west -and oortbwest through Merrick, Howard, Gree ley, Valley. Garfield, Wheeler. Sherman. Custer and other counties. The part of the line Involved in this controversy wss oever finished o operated. It wss un fenced and open so that adjacent land own era had access to and the use of It for years. It is claimed that local assessors Vosessed the quarter sections through which It passed as if it were not there. The county authorities me.de no attempt to levy taxes against It until 1893. when the county board levied a tax on a valuation of 1400 per mile for the years 1889, 1890, 1801 and 1892. Process was Issued and placed iq the hands of the sheriff for enforcement of the levy, whereupon the compsny ap plied for an Injunction In restrain of Its rollee ion. On the hearing of the case the rallroal company held, first, that the taxes were no. legally levied la that the lands taxed were not described by metes and bounds; and, second, that the assessment of right-of-way of a railroad company de volves upon the State Board of Equaliza tion. This contention was overruled by lbs lower court, which especially held In reference to the latter claim that, hair ing failed to return the property to the State Beard of Equalization for assessment, the company was estopped from claiming that It was not subject to local saseesmenT and taxation. For some reason the case has dragged along during the intervening years, and thla Is Its first appearance la the aupreme court. Blew Corporations. The State Bank of Butte, Boyd county, has filed articles of Incorporation, with E. W. Cuff, Fred Lucke and Emll A. Lucke as Incorporators. The Archer State Bank of Merrick county has done likewise, wltb Joe A. Hayes, J. B. Templln and C. Hostetter as incorporators. The Omaha Wholesale Produce and Mar ket House company filed articles of Incor poration today with the secretary of state. The capital stock Is $25,000 and the incor porators are H. O. Strelght, David Cole, Peter Magls. J. R. 8nyder, August Broch- now, Phillip Mergen, O. F. Monro, a. Peterson, Joseph Bart a. D. Gross and Peter Hoc co. .... In the Haareme Coart. The November term of the Supreme court met this morning. The following causes were argued and submitted: Larson axatnst First National Bank. Pender; Fall! City against Sperry; Batty against Elrod; Mc Entee sgalnst Bonacum; New Omaha Thomson-Houston Electric Lighting Com psny against Rombold; Phoenix Insurance Company , against Zlotcky; Caasell against Ashley; Hammond against King; Howell against Anderson: O'Connor against Aetna Life Insurance Company; Smith against Boyle; Phoenix Insurance Company against Radford; Omaha Bridge and Terminal Com pany against Reed; Brabham against Cus ter County; New Omaha Thomson-Houston Electric. Lighting Company against Bend son: Pelmer against Fidelity Mutual Fire Insurance Company; Miles against Walker; Miles agalnet Walker; Welch against Tlp ptry; Reliance Trust Company against Ath erton; Fremont Foundry and Machine Com pany against Norton: Chicago. Rock Island ft Pacific Railroad Company against Holmes; Chicago House Wrecking Com psny against Stewart Lumber Company: Bollinger against Knox; Mathieson against Omaha Street Railway Company: Dodge County against Saunders County; Wood ward against Kavan; Reiss against Argu- brlgbt; Iddings against Citizens State Bank: Brooks against Stanley; Kinney sgalnst Blttinger; Sudborough sgalnst Pa cific Express Company: Jayne against Hy mer: Sheldon against Parker; Brand against Garneau; Jones against Wattles; Bird gainst McCleary; Oreen against Dletel; Nebraska Mutual Hail Insurance Company against Meyers: Jaques against Dawes; Swing against Hofflne; German Insurance Company. Freeport. Illinois. -against Sha der; Bowman against Wright; Supreme Lodge Sons and Daughters of Protection against Underwood; Waller against Deran leau: Commercial State Bank, Crawford, gainst Kelt ham. The . tallowing causes were affirmed: Omaha agslnst St. Paul Plow Company; NEW ORLEANS AND RtTURN November G to 9. - r Splendid opportunity to visit the Southland Excellent service all the way. Only one change of cars via. the Burlington. Tickets 1502 Farnstn St Rhabik against Wedgewood; Farmers and Merchants Insurance Company aga-.nst Da vis; Omaha Wood Working Company against Kocb; Hawley against Knight. The following miscellaneous orders were made: Miles against Ballantine, continued , forty days: Sterrett against Omaha, dis missed; Mshone against Omaha, modified and affirmed ; Prusha against Omaha, dis missed; Perry Live Stock Commission Com pany against Biggs, continued; Rogers against Omaha, modified and affirmed; Omaha against Rich, dismissed; Pomy against Omaha, dismissed; Barnes against Boston Investment Company, continued; Red Cloud against Farmers and Mechanics' Banking Company, motion of appellee waiv ing right to apply for rehearing and asking order for mandate Instanter denied; Browne gainst Brubaker. submission on merits va cated, decree of district court (firmed as per stipulation; Oakley against Carr, sub mitted on motion to dismiss; Agnew against Omaha National Bank, motion to quanta bill of exceptlona and to vacate orders made October 21, continued two weeks, order as to showing: Perry- Live Stock Company against lilggs. appellant to serve and file briefs in thirty days from October 28 and appellee thirty days thereafter, continued sixty days: Hawley against Knight, motion for leave to supply record overruled; Shel don against Barker, leave to supply record, leave to plaintiff to file a reply brief; Green against Dlerel. leave to correct record; Ne braska Mutual Hail Insurance Company against Meyers, leave to defendant In error to reflle briefs: Barnes against Boston In vestment Company, continued to Decem ber 2: Plainvlew State Bank against Hecht, submitted on motion to dismiss, with leave to plaintiff to file a showing in one wrek; Penfold against Grover, submitted cn mo tion to dismiss and objection to Jurisdic tion; State ex rel. Blessing against Javis, submitted on motion to confirm referee's report and for Judgment In accordance wltb prayer of petition; Langdon against Con lln, leave to plaintiff in error to file his briefs as of October 21. 1902; Northern As surance Company against Borgelt, leave to plaintiff in error to file briefs Instanter: Carnahan against Gilbert, dismissed; Bu chanan against Saunders County National Bank, submitted on motion to dismiss; Wilson against Neu, advanced, thirty days to each side to file briefs; Norrls against Linton, advanced, sixty days to appellee to serve and file briefs; Lamb sgalnst State, leave to file amended petition In error; Hart sgalnst Beardsley. advanced; Lincoln gainst Lincoln Street Railway Company, advanced; Lincoln against Lincoln Street Railway Company, motion to consolidate with No. 12.842, sustained; Parker against Parker, motion objecting to Jurisdiction and to quash return of service of summons continued two weeks; Commercial State Bank against Ketcham, motion to strike bill of exceptions submitted with costs to department; Teske against Dlttberner, sub mitted on motion to set aside order dis missing appeal of Frederick Teske and to reinstate ssld appeal and to strike motion to reinstste appeal; Omaha against Bow man, submitted on motion to retax costs; Coulson against Saltsman, advanced for hearing January 20, record to be returned Into court; Public Guaranty Savings Bank against Slgotirney, dismissed. Hlley Claims Priority J. E.' Riley of Omaha insist that his proposition to purchase the old Homo Street railway franchise is entitled to first consideration. His offer contemplates tho psyment of $10,500 if It is found that the city has a franchise to dispose of. "They say I am an interloper," said Mr. Riley, "but the truth is I had framed up a proposition four months ago. It was not submitted then because I bad legal advice that it would be wise to wait until tho traction company's tax suit bad been de cided by the supreme court, where It was pending. In this suit wss Involved tho right of the city to the North Twelfth street line, an essential part of the prop osition. I did not hear of the Kenyon proposition until some time after it was submitted. On that day I received a tele gram announcing the death of my mother In the east and I went there at once. "I am coming Into Lincoln with my la terurhan line, and it necessary I shall try to purchase lbs right to enter ever the traction company's tracks. It would be an advantage to that company to havs such a connection and we could easily make deal." STOP NEBRASKA LAND FRAUD Interior Department Suspends and Will Cancel Fiftj Ei tries. COLUMBUS, Neb., Nov. 5. (Special Tele- gram.) Gerhard Barchus ws killed Frldy forenoon by his fourteen-yesr-old stepson, Herman, and cremated In a straw stack on his farm near Humphrey. The son confessed the awful deed to Sher iff Byrnes this morning, stating as a csuse that since the mother's death some months ago the father had treated him cruelly. The crime was committed with a shotgun held close to the back of the victim's head, s he sat In his house, and the body was then dragged to a straw suck by Herman, ss- Isted by his brothers August, ten years old, and John B. and a team which was hitched to It and then burned. The three boys are now separately In custody, Herman claiming that his broth ers are equally guilty. The younger boys place the guilt entirely upon Herman and ssy that he stole $10 from his father's rocket with which to buy the shotgun. 8n far as learned, the neighbors have reported no mistreatment of the children by the father, who was a highly respectable resident for many years and an active member of the Baptist church. Sheriff Byrnes went to Humphrey list night, not knowing of the finding of the body In time to go on an earlier train, and obtained the confession from the children after putting them through a aweatbox. The boys' mother was a daughter of Bern hard Jannisen, a highly respected citizen. She had been married before, by which marlrage Herman was the offspring. Upon her marriage to Mr. Barchus Herman took his name and was treated by him as a son. WIDOWS TAKE PUBLIC DOMAIN TO SELL Vaaderbllt Horse looses. PARIS. Nov. (. W. K. Vanderbllt's Btlt more was fourth in the race today for the Cris Fontaine at the St- Cluud meetlnx. Cattlemen Iastlarate WronDj-Dolna; with View to Sabseqaentlr Baylaar Homestead Proved by Soldiers Relicts, Mostly of Chicago. WASHINGTON, Nov. t. The Interior de partment has suspended, with m view to cancellation, a number of alleged fraudu lent land entries In ' Nebraska made by soldiers' widows, who It Is charged have entered Into an agreement' for the transfer of the lands to cattle companies. V. N. Lesser of Iowa, a special agent, whose headquarters have been for several years at North Platte, Neb., has been sus pended in connection with these proceed ings. The action follows sn investigation that had been quietly conducted in Nebraska by Colonel John S. Mosby, the former guerilla leader, who is now a special agent of the general land office. The exact'extent of the operations is not disclosed, but so far as known there are forty-five or fifty cases, each entry being for 160 acres. The government has been recently en forcing Its regulations for the removal of fences erected by cattlemen on public lands. Under the laws soldiers' widows hsve a right to make entries without residence but are required to make improvements and cultivate the lands. It Is understood that the women who made the entries are mostly Chicago people who were influenced by agents of cattlemen, with an agreement to transfer the land to the latter by leases, with the right of pur chase. Girls Join Silversmiths. NEW YORK, Nov. 5. Many girls havs joined the striking silversmiths In Manhat tan and Brooklyn and a general strike of 3.000 silversmiths Is threatened throughout Massachusetts, Connecticut and Rhode Isl and If a nlne-bour. work-day Is not granted. Seven firms In this city are reported to have granted the smiths' demands. Tho Chief of nt-aiera. Old sores, ulcers, piles, fistula and Ilka stubborn maladies soon yield to Bucklen's Arnica Salve or no pay. 25c. For sals by Kuhn tt Co. THE REALTY MARKET. INSTRUMENTS filed for record Wednes day, November 5: Warranty Deeds. A'ex Helming to Ida W. Dech. lots 68 and 6(. block 2. Saunders & H.'s add to Walnut Hill $ Omaha Kealtv compsny to Clayton Ierch. lot 4. block 2. Paddock Place 1,025 1. A. Canning; to Kmma 8. Johnson, lot 1". Sunnyside add 500 Anton BJorcum and wife to Nora Lane, lot 6. Archer's sub 150 Joseph tiardner to Fred Pries, lots lo and 1. block 46o. Grandvlew add 700 S H. Howard and wife, to Mary 'T. Robinson. seVj nrU 17-15-10 2.6u0 Eetht-r Sommer and huanand to Isador S immer. undM, of nvj lot 15, block C, llorbach's sub 1 11 I'. Kstalirook and wife to Louis Harris, e 32 feet lot 2 and all lotj 3, 6. 7 and 8. block 70. Omaha 8. CM) Josephine Burnev et al to Emma D. Howell, w 60 feet of e W feet lot 1. block 20, Hanccom Place 1.0) Harriet A. Payne to Lucy R. Wright, lot 11. and eL, lot 12. block 10. UemU park 1.350 Marcla Gilmore et al to J. R. Webster, s lit feet lot 7. block 72. Omaha 4.OU0 J. R. Webster and wife to Omaha Bridge and Terminal hallway com pany, same 1 Wilson Sprague to Amelia L. Wranch, lots 11 and 12. block . Benson 450 Majia L. Tucker and hjsbuml to Jen nie P. B. Smith, lot 14. Freeman's.. 1.731 Ellen G. Wilton to Jennie 1. Adams, S lot 17. block 1. Denlse's add 100 Sarah S. Haslet to J. W. Belden. 44 feet lot 5. block 15. Isaacs si 8 s add l.ViO J. W. Belden snd wife to U K. Phil Hps, same l.0 talt t lalm Deeds. E. J. Sullivan to W. T. Grahsm. out kt 177. Florence 1 LojIs Schmeder. trustee, to Patrick MacDonald. lots 1 to 7 and JC. block 1. lot 2. block 2. Metis's 1st add 1 8 C. Delo to J. M. Chapman. nwS nw4 3u-l-lS 1 Louis Slobodlsky to Henry Rubin, n 134 feet of s 161 feet of e 63 feet lot 4. Glas s add 1 S. K. Jackson and wife to Haute Naese part lot I In lot 41 Is 10-15-13.. 1 S K. Jackson and wife to Mania Neeae. lxltu feet in iw, 10-15-13 1 Total amount of transfers $2,744 New Charrb at Battle Creek. BATTLE CREEK. Neb.. Nov. 6 (Spe cial.) The Catholics of Battle Creek and vicinity are making gr?at preparations for the dedication of their fine new brick church at this place nxt Sunday, the 9th. The building Is' 37x76, with all modern conveniences. The following priests will be present: Rev. L. F. Smith of Omaha, a former pastor of this place, and who will deliver the dedicatory sermon; Rev. S. F. Carroll of Omaha, who will dedicate the church and be celebrant of the solemn high' mass; Rev. W. Wlndolph of Creigh ton. Neb.; Rev. I. O. McNamran of Bloom field, Neb., and Revs. Soldwoekl and Wslsh of Norfolk, Neb. The choir from Sacred Heart church of Norfolk will be In attend ance and Mrs. Nellie Gerecke Emery of Chicago will also sing. Local Reaalts In Dodge, FREMONT. Neb., Nov. 5. (Special.) The republicans elect Stlnson county at torney by a good majority and Assessors Mead and C. B. Noyes. The democrats elect Hepburn and Mortenson. Probably the hottest fight In the county was In the Third supervisor district, which is repub lican by 240 majority. J. G. Mulloy (dem.) was actively supported by many leading republicans and came within twelve votes of an election. C. R. Scbaeffer (dcm.) Is elected ataessor in this city. KMi4 -fx mt East Atlanta, Ga March 1st, 1901. DR. KILMER 4V CO.. Blnghamton. N. T. GENTLEMEN: While It has never been my habit or inclination to recommend remedies the Ingredients of which are not all known to me, it seems as It I should make an exception in the case of Dr. Kilmer's Swamp-Root. My experience, so far aa I have tested It in my practice, forcea me to the conclusion that it Is a remedy of the greasteet vslue In all uric acid, kidney, liver, bladder and other Inflammatory conditions of the genlto-urlnary tract. I now take pleasure In prescribing Swamp Root In all such cases with a feeling of assurance that my patients will derive great benefit from Its use. I shall continue to prescribe it in other rases In my practice with the expectation of the best results. Very truly yours, Prisoner Escapes. WEST POINT. Neb., Nov. 5. (Special.) James Kelma, the prisoner In the courty Jail who was being,, .held to the district court on a charge of burglary, escaped from the Jail at 7 o'clock last night and is still at large. During the absence of the Jailer. Fred Jacobs, Kclma asked Mrs. Jacobs for a drink of water. While she was banding him the water with the door partly open he knocked her down and rushed into the corridor and escaped. (A. J. Halle, M. D.) GENTLEMEN: I have prescribed that wonderful remedy for kidney complaint. Dr. Kilmer's Swamp-Root, with moat beneficial effect and know of many cures by Its use. These patients had kidney trouble, as diagnosed by other physicians, and treated without benefit. Dr. Kilmer's Swamp-Root effected a cure. I am a liberal man and accept a specific wherever I find It, In an accepted school or out of It. For desperate cases of kidney complaint tinder treatment with unsatisfactory results I turn to Dr. Kilmer's Swamp-Root wltb most flattering results. I shall continue to prescribe It and from personal observation state that Swamp-Root has great curative properties. Truly yours. (L. Barstow Irish. M. D.) 276 9th St., Borough of Brooklyn. N. Y. Sept. 24. 1901. Fall Resalta In Death. FULLERTON. Neb.. Nov. 6. (Special.) While Ovid Lemlse and a Mr. Dyer were stacking straw for a neighbor, who wss threshing, the machine was stopped from some cause and the two men commenced scuffling In play. Both fell to the ground, a distance of only five or six feet. Dyer was not hurt In the least, while Lemise sustained injuries to his spinal column which resulted In his death. Swamp-Root is pleassnt to take and is used in the leading hospitals, recom mended by physicians in their private practice, and Is taken by doctors themselves who have kidney ailments, because they recognize in it the greatest and most suc ;essful remedy for kidney, liver and bladder troubles. Sample Bottle of Swamp-Root Free by Mail EDITORIAL NOTE If you hsve the slightest symptoms of kidney or bladder trouble, or if there Is a trace of It In your family history, send at once to Dr. Kilmer Co., Blnhamton, N. Y., who will gladly end you by mail. Immediately, without cost to you. a sample bottle of Swamp-Root and a book telling all about Swamp-Root and containing many of the thousands upon thousands or testimonial letters re ceived; from m?n and women cured. In writing to Dr. Kilmer sV Co.. Blnghamton, N. Y.. be sure to say that you read this generous offer in The Omaha Daily Bee. If you are already convinced that Swamp-Root Is what you need, you can pur rhase the regular fifty-cent and one-dollar sire bottles at the drug stores every where. 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. Horse's Kick Breaks Arm. ASHLAND. Neb.. Nov. B. (Special.) George E. Hoffman of this city, while at O. J. Wortman'a place south of town. Mon dsy. preparing to husk corn, bad his arm broken. He wis currying his team In the barn In darkness and one of the animals kicked him. He was brought home for medical treatment. FORECAST OF THE WEATHER Fair Today and Tomorrow both In Kebraaka aad Iowa. WASHINGTON. Nov. 6. Forecaat: For Nebrsaka Fair Thursday and Fri day; warmer In north portion Thursday; warmer Friday. For Iowa Fair Thursday and Friday: warmer Friday. For Illinois Fair and colder Thursday; Friday fair; brisk northwest winds. For North and South Dakota Fair aad warmer Thursday and Friday. For Missouri Fair Thursday and Friday. For Wyoming Fair and warmer Thurs day; Friday fair. For Colorado Fair Thursday and Friday; warmer Thursday In east portion. Local Record. OFFICE OF THE WEATHER BUREAU, OMAHA, Nov. 6. Official record of tem perature snd precipitation compared with the corresponding day of the last three years: 102. 1900. 189 44 40 5t 2 24 24 41 34 .00 .07 .00 .00 Maximum temperature Minimum temperature Mean temperature .... Precipitation Record of temperature and precipitation at Omaha for tbla day and since March 1. 1S2- Normal temperature 17 Iehctency for the day Total excess since March 1 240 Normal precipitation 04 Inch Deficiency for the day 04 Inch Total rainfall alr.ee March 1... .26.96 inches Deficiency since March 1 2.42 inches Deficiency for cor. period. 1901.. t.U Inches Excess for cor. period. 1900 1.2S Inch Stations at T P. M. Reports frua CONDITION OF THE WEATHER a ?3 i I 3 - r C : : - a : : 9 : Mil; Omaha, part cloudy Valentine, cloudy North Platte, cloudy t'heyenne. elea; Salt Lake, clear Rapid City, cloudy Huron, cloudy Chicago, raining St. Louis, ralnln St. Paul, cloudy Davenport, cloudy Kansas City, part cloudy .... Havre, cloudy Helena, part cloudy Bismarck, cloudy Galveston, part cloudy 4i .00 32 .'.1 3N 40: .00 9u! 4" .00 4?; 46 .00 26' 2X .00 Si .00 M .76 b .11 4o 4J .0) 4 &4I .t'2 46 4 T 4 S T ' 36 .O) 2: 30, .W 72 76 . 00 34 &6 T Indicates trace of precipitation. MRS. JENNIE MORRIS, Secretary of Foinsettia Benevolence Society M I LWAUnEE, WIS. 623 Grand Are.. Milwaukee. Wis., March 22, 1902. Only a wife and mother can fully understand the frrand benefit which Wine of Cardui ia in cases of barrenness and pregnancy. After five years of married life most of the time in ill health, with irregular, scanty and extremely painful menstruation I became completely discouraged. 1 kept (retting worse and worse. The doctor said that if I could nave a child I would be much better, bat inflammation had set in and I was in such poor health generally that I was simply unfit to be a mother. My sister had a beautiful boy and she told me what benefit the had derived from Wine of Cardui so my husband decided that we would stop the doctor's visits and try Cardui. I wish I had only known of this before. What misery I would have been spared! But I waa grateful for the speedy relief I obtained, and ao pleased to find that 1 gradually was re turning to health, happiness and new life and hope. Within four months I waa like a changed oeing and now found that the long hoped for happi ness waa to be mine as 1 expected a child. I kept taking Wine of Cardui all through my pregnancy and a lovely daughter blessed our home. Ch.ld hirto was almost painless and my husbandand I both thank you a thou sand times for the sunshine and happinesi Wine of Cardui brought to our home. THE greatest ambition of men and women is to have happy homes blessed with healthy chil dren. Because wives are weak and sick thousands of homes are barren and desolate. How many there are today suffering irregularities and bearing down pains, menaced with the probability of becoming childless wires. Thousand of heretofore childless wives are becoming moth er by having these troubles relieved by Wine of Cardui. Thif great rem edy so strengthens the organs of motherhood that nervous, discour aged women who want children but who fear the suffering caused by childbirth, go through motherhood with little trouble. By strengthen ing the organs weakened by sick ness Wine of Cardui makes all this possible. No medicine can restore dead organs, but Wine of Cardui does regulate derangements that pre vent conception, does prevent mis carriage, does restore weak func tions and shattered nerves and does bring babies to homes barren and desolate for years. Get a dollar bot tle of Wins of Cardui from your dealer and treat yourself in the pri vacy of your home with this great remedy. Where digestive disorders . exist a small package of Thedford's Black-Draught should also be used. WINE of CARDUI IIIL BEE Hid ALL THE NEWS