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
