Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Nov. 8, 1902)
THE OMAHA DAIIA HEEt SATURDAY, NOVEM11EH 8, 1002. COURT REVERSES ITS RILING FREE MAIL DELIVERY CROWS ESS Do you know that there is hardly a food-produd much adulterated as Cocoa and Chocolate? Set jour mind at rest Misses' and Children's School Shoes Made of box calf, on good weight kid, with neat, heavy extension poles, suitable for rough wear. Special prices for Saturday 0 to 8, 80c; 8 to 11, $ 1.00; 11 J to 2, $1.25; 2 J to 6, f i.r.o. Women's High Grade Shoes, $2.90. Wv have gathered together for Saturday's selling n line of woinen'H line shoes at $2.!H. We honestly believe they are the best shoes in A merit a for the price. Eipreme Juitiws Mow Hjld Mayor Moorei Liabls for Unclaimed Tttz. People All Over Country 0 amor for Bural Carrion. TEXT OF DECISION IN CASE HE WON WILL BE COMPLETE WITHIN THREE YEARS Mortal and Poet Det-I: o-h Arc ot Pobllc Vono and l.rw lalalnrr Cannot Deprive rrrmnii of Them. In Meantime Annual root office Deficit Is fcipected to Increase, Tuonan Afterwards It May l)l appear Altogether. 4 The supreme rourt ycsteMay it Lincoln handed flown a decision reversing thn judgment of the dlntrlct court of Dougla county and declaring that Frank K. Moorei la liable to thn county for unclaimed wit ness fees and court comi paid to hl.n while he was clerk of the district court. The ruling of thn supreme court la that there Is no, authority for taking; witness fcea, except such as Is conferred by statute, and that the legislature has no right to provide that when such fcea are unclaimed they shall go to thn school fund. This was a suit begun by the county of Uouglns against Frank E. Moorce and his bondsmen to recover witness fees that hid been paid to Frank E. Moores as clerk of the district court during hla term of office, and also to recover advanced cobIs paid Into court during his terra of office. These fees and advanced costa had never been called for by the partlea who had earned them. Many of the parties owed to Mr. Moorea as clerk various sums of money and many of these witness fees and advanced costs he would be entitled to set off as against any claim which the party owning the wltnese fees and ad vanced costa would havo against him. The supreme court of Nebraska, In the case of the State against Moores. decided that the law that required theee witness fees and advanced costs to be paid Into the hands of the county was unconstitutional. This case la reported 52 Nebraska, page 770. Mr. Moores waa In doubt as to whether to pay these feet to the treasurer of Doug las county or to the different parties to whom they belonged. The court having declared the statute which provided that these feee should be paid to the treasurer of Douglas county and forfeited to the school fund unconstitutional, he waa ad vised by bla counsel that if he should pay these to Douglas county he would be re quired to pay the same moneys again to the various claimants, who from time to time may have claimed the money. He has, therefore, held possession of theae moneys until auch time aa he would know to whom they should be rightfully paid. Salt of Same Sort. The same questions that were litigated In the caae Just decided were litigated In the case of the State against Moores, 63 Nebraska, page 770. . The supreme court at that time . consisted of Messrs. Justice Norval, Bulltvan and Post, and Commis sioners Regan, Irvln and Ryan. The decision of the court was rendered by Mr. Justice Norval, and Mr. Justice Post concurred In the following words: The conclusions to which I agree are rtated by Judge Norval. Unclaimed wit ness fees and costa remaining in the hands vt the clerk of the district court are not public moneys and the legislation of this state. Insofar as It attempts to deprive thi (eraona for whose benefit such fees and costs are paid of title thereto- la uncon stitutional and void. The court In conformity with the decision of other courts In other states held that the forfeiture of these unclaimed witness feea and advanced costs to the county of Daaglaa was the taking of property with out due process of law. After' this, caao had been decided, it Mr. Mdorea bad paid this money Into the county of Douglas he would have done ao In defiance of the expressed ruling of the supreme court -of the state, which he had every "reason to believe would be the settled law of the state, and he would have been subject' to suits for these same moneys at the band of the different people to whom these wit ness feea and unclaimed costs had belonged. He haa been and la anxious to pay the money to the rightful owners, but in Jus tice to himself he could not have paid this money to the county without subjecting himself to suits tor the same moneys at the hands ot other parties who claimed It. The declaion Just banded by the aupreme court squarely reverses the decision which this court made within .the last three or four years, in fifty-second Nebraska, and decided that the statutes which In that caae were wiped oft the books as unconstl tional, to be now constitutional. Mr. Moores la willing to deposit In the hands of the clerk of the district court any moneys in his hands belonging to the witnesses and earned. by them, to be held by the clerk of the district court in escrow to abide the final adjudication of this suit, the casea having been reversed and aent back to the district court for an accounting. OMAHA INSURANCE COMPANY Haas Concern Incorporates with Capital Stock of One llnndreil -Thousand Dollars. A. B. Jaqulth, M. V. Funkhouaer. J. A. Kuhn, T. J. O' Brie a and 8. A. McWhorter nave Sled with the county clerk a certificate ot Incorporation of the Nebraska Under writers' Insurance company, which is to In sure buildings against fire or other casualty and goods and merchandise, while in trans portation on land or aea. The capital stock Is 1100,000. divided Into sharea of $100 each and the principal place of business Is to be la Omaha. Indebtedness other than the company's Insurance risks Is not to exceed (66,000 at any time. Seven directors ae- !!!T"!?'"n.ni!?.!?f!?!!?."J'H.V.!V-''''WCTfay Cocoa and Chocolate are absolutely pure and wholesome. Ircted from the stockholders arc to man age the affairs of the company. Amusements. At the lljyd. Htuart Rnlisnn and company, under direc tion of Daniel V. Arthur, in a revival nf Bhakeepcar'a "Comedy of Errors." The cast: Sollnus, duke of Ephesus.. Mr. Charles Lane Aegeon. an aged merchant Mr. Cecil Klngstone Antlpholtin of Syracuse.... Mr. Edwin Holt Dromlu of Syracuse Mr. Stuart Robson Amipholus of Ephesus.Mr. Adolph Jackson liromio of Ephesus Mr. Clifford Ielgh Angclo, a merchant Mr. Joseph P. Keefe Balthazar, a merchant Mr. Walter Pennington Dr. Pinch Mr. George Hammond Officer Mr. Edward Nolan Adrinana, wife of Antlpholus of Ephesus Miss Eleanor Barry Luclana, her sister Miss Frances Orahame Mayo Phyrno, the reigning beauty of Ephesus Miss Laura Thompson The abbess Miss Jennie Relrferth Blousubella, the cook Miss A. Trance Mr. Stuart Robson asks a great deal of his friends when he puts on "Comedy of Errors." Not because Mr. Robson falls to properly garnish the dish he sets before the people; not because he has slighted in any respect the nearest approach to farce comedy as understood nowadays that haa come down to us from Shakespeare. His fault is not In omission, nor in commis sion. It Is simply In being Robson. No other living mortal has that squeaky voice, that peculiar poise of the head, that indi vidual carriage, nor can (at all events no one ever has) any other actor successfully undertake to mimic these Robsonlan pecu liarities when the original Is so close at hand to detect him in his counterfeit. Antlpholus of Syracuse may have been never so credulous, and gullible In ordinary matters even beyond the bounds of reason, yet he could not have mistaken Dromlo of Ephesus for his own honest, loving servant had the difference between them been so marked and so apparent aa that between the one enacted by Mr. Robson and the other presented by Mr. Jackson. And with this difference so very apparent. It would be less painful to the ear and probably less of an offense to the verities wore Mr. Jackson to give over his bootless attempt to present Mr. Robson'a second self and come out flatly In hla own proper voice. At least It would hardly mar the performance more than does the present arrangement. Mr. Robson is drolly humor ous In his part, and Mr. Jackson passably so In his, shining with -even more than reflected light. - In the Adriana of Miss Barry the real treat of the evening was presented. Miss Barry Is strikingly handsome, her grace ful figure being well set off by the Grecian gown ahe wore, and her reading of the well-known lines such as to bring out all their beauty and force without marring the plain moaning ot the words. Miss Mayo aa Luclana made much of the small part. Mr. Cecil Klngstone told the story ot Aegeon in such an excellent way aa to win hearty applauae. "Comedy, of Errors" will be given at a matinee thia afternoon, and this evening Mr. Robeon'a friends will have ao oppor tunity ot seeing him In a part that Is his own without dispute. Bertie the Lamb In "The Henrietta." COUNTY TREASURER'S REPORT Statement of Finances, Showing Wbereabonte of the Different Fnnds. The report of County Treasurer O. Fred Elsasser showing the whereabouts of county funds November 1 Is: Balance October 1 1117,884 12 Collections in October 84,347 73 October disbursements..! 41,450 43 Cash in drawer.. 670 SO Checks In drawer Postage account Protest money On deposit in banks Merchants National I'll I ltd States National.. Commercial National.... First National Packers National Omaha National Union National 3,415 80 53 10 24! 33 28.404 76 21.908 47 10.100 SO lo.wi rr 14.9SO 00 14.128 32 6,028 07 151.731 Vt Balance November 1.... .$110,281 42 FIRE RECORD. Lamp Explosion Destroys Handing, 8TURGIS, 8. D., Nov. 7. (Special.) A large two-story residence belonging to the Patton Live Stock company at Vlewfield I Meade county, was totally destroyed by Are early Tuesday morning. The fire started from a lamp which exploded. Keep a good supply of Ayer's Family Medicines on ad. It's so easy then to take .,mmmmt. lAtiK'll one of the Pills at bedtime If you feel a little bilious, or if your stomach Is a trifle out of order. Just so with the Sarsaparllla. A few doses will bring back your lost appetite, give strength to your weakened nerves, and relieve you of that terrible feeling of exhaustion. And besides there are the children to think of. A dose or two at the right time often HiV.ug avr inuvii, loW4l J WASHINGTON. Nov. 7. The annual gross cost of a complete rural free delivery service throughout the United States would approximate $24,000,000 according to the annual report of the general superintendent t the service. The 700,000 square miles not now covered would require 26,000 or 27,000 additional carriers, making the entire force 40,000. After the extension is completed within the next three years the annual rate of in crease In the appropriations is expected not to exceed 8 or 9 per cent. To extend the service by 12,000 routes a year until It becomes universal will require such largely Increased appropriations that the annual deficit will probably reach $8,000,000 or $10,000,000. but once complete, the addi tional revenue derived will spon reduce the deficits to present figures and possibly wipe them out. During 1902. 12,403 petitions for the serv ice were filed, making a total on July 1 last of 22,648, which exceeded by over 2,000 the total number during vhe ' preceding four years. Since July petitions received have averaged over 600 a month. With the amount required for routes to begin on December 1, the entire appropria tion has been absorbed, leaving fully 1,700 route for which there Is no appropriation available. This number probably will be Increased by January 1 to at least 2,500. To comply with the demands of the people the department will require an additional appropriation, which, it granted, will ena ble 15,000 additional free letter carriers to be employed by May 1. On July 1 the city free delivery service embraced 933 cities, Including four in the Insular possessions, and the total number ot uniformed letter carriers In the city service wss 17,875, as against 16,389 the previous year. It Is estimated that the free delivery will be extended to seventy-two offices during the current year. It Is also estimated that the expenditure will aggregate $21,328,300 for the maintenance and extension of city delivery service during the year beginning July 1, 1903, Including $812,000 for special delivery service, which branch has been added to the free delivery system. These figures ahow an Increase over appropria tions for a current year of $1,822,850. NO CHANGE IN THE POLICY Coban Reciprocity and Colombian Canal Propositions to Be Con tinned on Llnea as Heretofore. WASHINGTON, Nov. T. The first cabi net meeting of the sew executive officers was held today. In view ot the fact that the president Is going away Monday night to be gone two weeks, each ot the cabinet officers was called upon to lay before him any matters ot buslnesa that would likely arise dur ing his absence requiring hla action. Secretary Hay brought forward the Co lombian canal negotiations, which were briefly discussed, and . ha also referred to the progress making toward the negotia tion ot a reciprocity treaty with Cuba. It la stated, however, that In neither case did the cabinet Indicate. any desire to change the policy which the State depart ment haa been pursuing. When the members of the cabinet had concluded the presentation of their routine business they spent some time In an ex amination of the results of the recent election and there was an expression of general satisfaction over the result ot the returns. Six thousand striking miners decided not to accept the decision of the arbitrators and to continue the strike. The Chamber of Deputies today took up a resolution moved by M. Rouanet, radical socialist, appointing a commission of thirty- three to Investigate the condition of the miners and report on means to prevent economic conflicts. M. Combes said the government had no objection to the appointment of such a commission and the resolution was adopted by J67 to 167. NO MORE BONDS ARE WANTED Treaenry Department Discontinues the Acceptance of Municipal and State Securities. WASHINGTON. Nov. 7. The aecretary of the treasury has discontinued the ac ceptance of state and municipal bonds as security for public deposits. These bonds were authorised to be taken as security for public deposits October 1, 1902, under the following rule: The department has decided to release for such banks as have deposits and are not up to their limit of circulation a por tion of the bonds now held by the govern ment, taking in lieu therefor at her satis factory security on condition always that the bonds released will be used for the im mediate issue of additional circulation. This provision does not apply to those banks that already have their maximum circulation, neither does it apply to the banka that do not have any deposits. The amount of municipal and state bonds so deposited aggregate roundly $17,000,000. These transactions that are already In progress will be completed. WOULD EXAMINE CONSULS Civil Service Commlsaloa Wishes Pat roaaare Appolntnteata Dona Awtr With. WASHINGTON. Nov. 7. The Civil Serv Ice commission In its annual report urges the president to recommend the enactment ot a law Imposing an open competitive, nonpartisan examination on applicants for the consular service. The commission says under the present system of patronage appointments there Is little surety that the men are qualified. In addition It Is urged that in the more re mote and smaller, where political removals make the consular terms so short that with the meager pay allowed first-class men cannot be secured, the best oppor. tunltles often exist for extending Ameri can commerce. THROWS DOCTORS OUT OF JOBS Postofflce Dlapeaaes with Physlrlaos and Will Save Ten Thaaaaad Yearly. WASHINGTON. Nov. 7. The postmaster general Las ordered that the position of postofflce physician be abolished la all postofflces In cities under 600,000 popula tion. There ara about a doxen cities of this class where such positions exist by whose abolition the government expects to save about $19,600 a year. You probably know that the "Nebraska" is one store in Omaha where you can buy goods straight goods for less money than any other store in America, day in and day out. You probably know these isn't another store you ever had any dealings with that does business bo near right so fair to everybody so open nnd above board, and sell goods so near to actual cfst ns this Nebraska store. If you don't know these facts, its because you haven't traded here. If you haven't traded here, we want you to begin today. Below we give you some very interesting items that we positively know are the lowest prices ever named on good, reliable merchandise A Greed: Silk Waist Purchase 400 Wome"'s Silk Wadsts Saturday Morning a assortment worth less Great Women's Monte Carlo Coats, $10 They are the best in America for the money made of the very best quality of kersey, 27-in. long, new correct back, new sleeve, some, plain, some velvet trimmed; lined with a guaranteed satin, They come in tan, blue red 1 f and oxford gray. A very nobby coat and as good as any f 15 jacket on the market price Jpl" Women's Monte Carlo Coats Double capes, high rolling collar, turn back cuffs inlaid with stitched velvet , pleated back and front, Skinner satin lined, i C very fine quality price '. 1 vJ A. D Women's Three-Quarter Length CoatsIn excellent quality of kersey, Montinac and oxford gray cheviot, heavy satin lined, new full back and new cuff sleeve Ull CZ They would be cheap at f20.00 our price. kpltD Children's Three-Quarter Length and Monte Carlo Coats Children's Monte Carlo inlaid velvet collar, new sleeve with cuff, positively the best bargain ever in a child's garment Saturday Child's three-Quarter Length Coats In a fine quality of all wool kersey, cape trimmed with stitched velvet, high rolling collar, and cuff sleeve, will compare with any f 10.00 coat in Omaha Saturday cut down the estimates of engineers for continuing the contract work of rivers and harbors by nearly $2,000,000, leaving the total amount $18,570,000. The appropriations which are made for these works will depend on the probable amount of work the contractors can do la the next fiscal year. CANAL DIFFERENCES CRUMBLE Expected Treaty Will Be Satis, factorlly Arranged Within a Fortnight. WASHINGTON, Nov. 7. Conferences be tween Mr. Hay and the Colombian min ister concerning the Panama canal treaty continue. The negotiations are proceeding satisfac torily and It Is predicted that the terms will probably be agreed upon within a fortnight COLD WAVE IS PREDICTED To E-ctend Over the I'pper Mlsaonrl Valley on Friday Mht and ' Saturday. WASHINGTON. Nov. 7. The weather bu reau has Issued the following bulletin: The first cold wave of the season will ex tend over the upper Missouri valley region tonight and Saturday, with minimum tem perature tanging from S to 10 degrees above tero. DEATH RECORD. ' Rev. J. 8. Dlnamore. TECUMSEH, Neb., Nov. 7. (Special.) Rev. J. S. Dinsmore died at bis home In Tecumseh yesterday after months' of suffer ing, during a part of which time he has been confined to the bouse, by Brlght's dis ease. The deceased was a native of New Hampshire, having been born In North Con way in December, l-9. He attended the common schools In Sandwich, N. H and the Free Baptist college ' in Psrsonsfleid, Me., and New Hampton, N. H. He was licensed to preach in 1861 and was ordained in 1S63. Since that time he had been an active minuter of the gospel and had la bored In Illinois, Wisconsin and Nebraska. He was an old soldier and was In the bat tles of Chancellorsville and Gettysburg, lie was promoted from private to orderly ser geant and then to second lieutenant. He was wounded in the service and was mus tered out from a hospital In Providence. R. I. Rev. Mr. Dinsmore was married to Miss Sarah J. Paine in Sandwich. R. I., In 18CJ. The wife survives him. The family Figprune Cereal A delicious Cereal orTee made of choice California figi and prune and grain absolutely free from artificial matter. BOLD BY A IX GROCERS. We purchased these waists from the Princess Waist Co., one of the best known silk waist manufacturers in this country today. We paid them 25c on the dollar and they will be sold the same way. The waists are made of the finest fT- 4- ; .1 a OflJ) soie silk, in all a m Va Na ? anV tlU V I 1 14 It who wishes a good stylish silk waist at an exceptionally low price will not hesitate to avail herself of this opportunity with the greatest possible promptness. There is not a waist in this than $5.00 and up to $10.00 choice Saturday $2.90 Sale of Women's Coats Coats Made of a good quality all wool Kersey, came to Johnson county some twelve or , thirteen years ago and Rev. Mr. Dinsmore was pastor of the Long Branch church for four years. They moved to Tecumseh in 1893. He has served the city as police judge and Justice of the peace. The fu neral will be held at the Baptist church Saturday morning at 10 o'clock. Rev. M. W. Dodge delivering the sermon. The Masons, of which order he waa a member, will be In charge. The Grand Army fraternities will attend In a body. The interment will be made In the Tecumseh cemetery. Mrs. Matt Miller. DAVID CITY, Neb., Nov. 7. (Special.) Mrs. Mary Miller, wtfe of Hon. Matthew Miller, died this morning from a stroke ot apoplexy. Mrs. Miller had been In her usual health. About 9 o'clock this morn ing, while sitting in a chair, the stroke came suddenly and death was instantane ous. No one was present except the serv ant girl. She was about 55 years ot age. Mr. and Mrs. Miller came to Butler county In 1870. They resided In the Platte valley a few years, then removed to David City, where Mr. Miller has been engaged in the . practice ot law. Besides her husband sho leaves one daughter, who resides in New ' Mexico. A meeting of the Butler county ' bar was held today and a committee was appointed to present appropriate resolu tions to the district court, which convenes next Tuesday. The bar will also ask an adjournment of court for two weeks. i Funeral of Alfred Miller. WEST POINT, Neb.. Nov. 7. (Special.) The remains of Alfred Miller were Interred In the public cemetery yesterday, the funeral being held from the English Luth eran church. The deceased was one of the best knomn cltlxens of this place, having lived here twenty-five years. He was a veteran of Company A, Forty-seventh In diana volunteers, and served with distinc tion through the entire war. Ho was 58 years of age. He leaves a wife and four children. DIED. R A WITZER William, aged 71 years i months, was born in Berlin. Germany, I came to Nebraska In U&7 and has reiid here continuously, except during the civil war. when he unlisted as a member of Company A. Forty-tirBt Wisconsin volun- j teers, after which he returned to Omaha. He was a member of the Knlghta of j Pythias, of Custer post. Grand Army of the Republic, and sn honorary member of Garfield circle. Ladles of the Grand Army of the Republic. Ha leaves a widow, four daughters and three un. The funeral will be held Sunday afternoon at t o'clock from the residence of his son, eult Fsrnsm street. the most beau- plaited back, 5.50 has a top 6.90 CURED TO STAY CURED FOREVER On account of Its frightful hldeousnens Blood Poisoning la commonly called the King of all Diseases. It may be either hereditary or contracted. Unce the sys tem Is tainted with It, the disease may manifest Itself In the form ot flcrofula Ecsema, Kheumatlj Pains, Stiff or Swollen Joints. Kruptlons or Copper Colored Bpots on the Far or Body, little Ulcers, In the Mouth or on the Tongue, Sore Throat, Swollen Tonsils, Falling Out of Hair or Eyebrows, and final; a Lprou llke Decay ot the Flesh and Bones. If you have any of these or similar symp toms, get BROWN'S BLOOD CURB Immediately. This treatment is practically the result of life work. It contains no diuineroua drugs or other Injurious medicine of any kind. It goes to the very bottom ot the disease and forces out every particle of Impurity. Boon every sign and symptom disappear completely and forever. The blood, tha tissue, the flesh, the bone and the whols system are cleansed, purified and restored to perfect heal'h, and the patient prepared anew for the duties and pleasures of life. BROWN'S BLOOD CURE. $2.00 a bottle, lasts on month. MADE BT DR. BROWN. S36 Arch Street Philadelphia, id only by Sherman Jt MeConnell Lira Co., 10th A Dodg 8ts Omaha. - l'IIIIHil''t nLii4 Atchison, Leavenworth, Ksnsss City. St. L cull, JopNn, Carthage, Webb City to the mining districts of Missouri and Arkansas and the gas belt of Kansas, DOUBLE DAILY SERVICE. Elegant high back coaches and free reclining chair car. on all trains. , Elegant electrie lighted sleepers. Very low on way and round trip rates the first and third Tuesday of each month, to numerous points In the southeast, south and southwsst. Winter tourist tickets on sale dally after November 1st. to the various re sorts In the south and southeast. CITY TISXET OFFICES S. E. Cor. Nth and DiuflasSts. THOS. V. GODFREY, Tass. and Ticket Act. II. C. TOWKIEHD, CHA. K. STYLES, U. P. at T. A.. St. Loala. Mo. A. C. P. A., Kansas City, Mo. BUSINESS STIPULATORS BEE WANT ADS. L . Popular Route -TO- Engineers' Estimates Lowered. WASHINGTON, Nov. 1 Mr. Root bat I
