THE OMAHA DAILY 1IEE: FRIDAY, DlXKMllElt 10, 1J02. RECOMMENDS SALE OF LAND Lend OommlMiraar Would Dispose af that Hold for Penitentiary find. STATE FAIR MANAGERS SETTLE UP Legislative retnanlttea of State Tfirk era Association iiarii Itesaoenl of the Stat Normal School. (Prom a BtsfE Correspondent.) LINCOLN, Dc. II. (Special.) Land Commissioner Foil in sr will recommend to the legislator that th land known aa the penitentiary land, situated In Lancaster and Reward countlea, be either sold and the proceeds turned Into the general fund for the construction of a new penitentiary, or else that It be transferred to the school fund and leaaed, as It la at present. The land became the property of the state at the time of Its admission to the union. The greater part of this land waa sold at the time of the construction of the present building. A little oyer a section was not sold, however, for the want of buyers, and that land still remalna an unclassified ap pendix to the accounts of the commissioner of public lands and buildings. Year after year recommendations have been made by the incumbents of that office as to the dis position of the Income of this land. At the present time there la to the credit of this land the sum of tl.OM, the Income of several years past. Mr. Follmer recom mende that this amount be turned over to the general fund or placed In the temporary school fund. Small Balance In Fair Fund. At a meeting of the board of managers of the state fair, held at the Llndell hotel last night, the final reports of President ninsmore and Secretary Furnas were read. The reports contained an Itemlr.ed state ment of the expenditure of the $35,000 ap propriated at the last session for the es tablishment of a permanent home tor the state fair. Thero Is a balance of 40 cents on hand. The stste fair Is under the control of the State Board of Agriculture and for the premiums to ba. awarded each year the state contributes 13.000. Usually the pre miums amount to $30,000 and the bsard Is left to hustle the remainder as b?st It can. The annual expenses of the board range from $28,000 to $30,000. For the year 1!02 from Its Improvised means the State Board of Agriculture has expended for perma nent Improvements on the grounds pur chased by the state for fair purposes the sum of $5,787 42. This for .material, new buildings, painting. Insurance and labor. The salaries, the total of which Is $3,500, arc paid from the fund Improvised by the beard. Chl-f Deputy Fish, Commissioner O'Brien and Game Warden Slmpkins submitted to the board plans for the construction of a new fisheries building. They contemplate a structure 60x110. Along each of I's lat eral walls will bo placed a continuous aquarium, with a place between It and the wall for the passage of those In attendance upon the fish. In the center of the en closure will be a largt fountain and space set. apart for the display of birds and animals, between which and the aquarium will be large promenades for the public. It Is estimated that tho cost of the build ing will be from $3,000 to $10,000. In the structure will be suitable sleeping apart ments, an office for the superintendent, etc. Programs of State Meetings. Dr. Peters of the 8tate university sub mitted to the board the program of th stste meetings which will be held In Lin coln at the time of the annual meeting of the 8tat Board of Agriculture. The time rt the state fair will be from September 7 n 11. The annual meeting of the board will be January 10. Presidents of all reg ularly organized county agricultural ao ' rlctles in working existence are members cf thi stnte bcerd and In cases where the presidents cannot attend the society must elect a delegate. Each county society must furnish a report In accordance wl'.h blanks submitted and failure to furnish the report forfeits the right of representation. President Dlnsmore has named the fol lowing committees for the work of the oomlng year: Auditing Committee L. Morse, Benkle. man; L. D. Stllson, York; H. L. Cook, St. Paul. Revision of the Premium List S. C. Bas sett. Clbboa; Elijah Kllley, Beatrice; T. A. McKay, Aurora; Peter Youngers. Geneva; P.. XV. Furnas. Brownvllle. Credentials XV. R. Mellor, Loup City; W. O. Hervey, Omaha; V. Arnold, Verdon. Th premium Itat commute will meet for revision of tho list at the Llndeli hotel Monday, January 19, and all who have sug gestions to mske are Invited to either send them In to Secretary Furnas prior to that ate or be present at the meeting. Th members of the board present last evening were: Messrs. W. R. Mellor. C. H. Rudge, Peter Youngers. T. A. McKay. S. C. Bassett. President Dlnsmor and Sec retary Furnas. Discuss School Legislation. The legislative committer of the State Teachera' association met at th ofllce of the state superintendent this afternoon and discussed questions to be presented to th legislature. Among the rooat Import ant waa th normal school question. The committee paasea this resolution: "That we favor the removal of the state normal school In Pern to some point west or the sixth principal meridian." On th proposition four of th members voted In favor, but Dr. Clark, principal of th school, did not vote and there waa one absent. Those present were Fowler, Pearse, Ludden. Ward and Clark. The committee alao passed a resolution favoring th es tablishment of junior or summer normal schools, to continue from ten to twelve weeks, at from threw to Bve points In the tat wr-ers there were public school buildings that could be secured without eost to the atat. This committee will re port to th 8tat Teachers' association Wednesdsy, December SI. Bankers Reserve) Deposits. The Bankers Reserve Life Insurance as sociatlon today deposited with th auditor $:t.l00, making a total of $50,950 that this company has on deposit to do busloes dur ing the next year In Nebraska. This Is the first company to put up Us guarantee tor the year 1903. Tonrt Dennes Malice. W. H. Miles and Nellie Miles had Charles Walker and his father arrested five dif ferent tlmea, on right after another, for th same offense, throwing down a fence. Th Walker sued in Frontier county for FOR CHRISTMAS DINNER DESSERT try JEIX-O, prepared according to th following recipe: JELL O SNOW PUDDING. DiMolt om M sar Savor J.ll-O la en slut f kolllos ler. a4 attar it kaa about Salt aarawae fcaai up thoroughly artth aa aag baatar: 44 whlla of oaa tac Ibarouglrtr fctataa aa mtr taa wfcols lo4br uuUl thay ara mixaS; pour lata aupa aa ml la a enol la.-a aatll era This saay fea aarva with vhtppo craaat or cuatar4. A nic dessert for any meal, at any tlin. Four flavors Lemon, Orange, Rasp berry and Strawberry. At grocers, 10 cents. CIT A PACKAGE TODAY. malicious pVosperntlnn and recovered dam ages. Miles appealed to the supreme court, and that tribunal holds the lower court wsa correct. If a complaining witness, In his statement to his attorney before Institut ing a criminal proceeding, makes a recita tion of facta claimed to have been per sonally knowa to him, which the Jury thinks untrue. It U no protection that be acted on the advice of attorneys. Malice, It save. Is not necessarily presupposed to be personal hatred or 111 will, but an action based on an Improper motive, Inferable from a wrongful act based on no ressonable ground. Tolata la Commercial Law. A point In commercial Isw Is decided in the case of Oakley against Csrr, from Lan caster, which I reversed. The court ssys that notice of the dishonor of a promissory note Its being protested Is sufficient If sent to the Inst Indorser by the first mall of the day following dishonor, even though such Indorser Is an agent for collection merely, and he Is entitled to one additional day to notify the Indorser Immediately preceding him. This need not be a new one, but he may utilize the one sent htm by the protesting officer. The court holds that an action In the nature of a creditor's bill cannot be main tained to set aside the conveyance of prop erty which Is exempt to the defendant as a homestead. The case cam from Phelps county, where Henry D. Jayne tried to have a conveyance from the Holdrege National bank to the wife of Its president, W. E. Hymer, set aside on the ground of fraud. The court ssy there was no fraud, that the conveyance was bona fide, and that the temporary residence of the Hymers In University place for the purpose of educat ing their children did not rob them of the claim to a homestead in Holdrege. To maintain an action of this kind It must be alleged and proven that the relation of creditor and debtor existed at the time of the conveyance, or that It was executed fraudulently-with the expectation on thn part of the husband that he would become Indebted to the plaintiff and to hinder the collection of the debt when contracted. York Can l'e Sevrern. The city of York may continue to empty its sewage Into the waters of Beaver creek. John Todd and some others resident along the creek sought to enjoin the city from doing so on the ground that It would cause life on their farms to be unbearable and would amount n fact to depriving them of the use of tbelr property. On behalf of the city It was retorted that It was neces sary for the health of the Inhabitants thereof to have an outlet of that character and that as a matter of fact there had been a lot of hog pens along the creek that amelled louder unto the heavens than would the outlet. The district court dis missed the case as lacking In equity, and the supreme court affirms this decision. It holds that It Is always a question of fact In cases of this character, the law being that equity has the power to prevent pol lution and contamination of running streams. Mont Amend Insnrance Contract. The Sons and Daughters of Protection will have to amend Ita contracts of lusur ance and forms of application If it desires to avoid paying death losses to the families of members who have taken their own lives. The supreme court has Just affirmed a Judgment cecured In Cherry county by Emma E. Underwood against the order. The decision of tbe district court In the case of the Chicago House Wrecking com pany against tbe Stewart Lumber company was affirmed. Two will cases were decided. In both of which the validity of the wills was upheld. They were that of John Knox from Otoe county and Jerry C. Elliott from - Burt county, i ,i , Terminal Cent pan? Mnst Pay. The supreme court affirmed the award of damages for $5,059 in the ease of Reed against Omaha' Bridge and Terminal Com pany. The company took property on which Reed had a mortgage and the question in volved waa whether Reed bad a right to appeal from original mortgage. Rank against Garvy waa a case Involving the ownership of some land In South I Omaha, formerly owned by Thomas Ryan, deceased. Swift and Armour wanted the i property and through a representative Ar mour secured option on the land, while the I sale was pending Swift offered more money ror it ana the heirs accepted this proposition. Suit arose over this. The court held that original contract was good. In the esse of E. C. Hager against South Omaha Hager got $1,000 damages In the district court because of a fall on a side walk. The court reversed the decision be caure the court In instructing the Jury omitted a material allegation that city must hsve notice. V. Wrzensunski against City of South Omaha was a suit for damages. Tbe plain tiff while going over a street v'sduct on foot went through 'a hole, and he waa awarded $1,500 damages. The supreme court sustained the verdict. The city relied on thn fact that no claim had been Died, but the plaintiff showed that a letter had been received bv a former city clerk. .Osteopathic Doctors Meet. The Stat Association of Osteopathic Phy sicians held Its annual convention here to day, with an attendance of about thirty. The following officers were elected: Pres Woman's Work in Club and Charity The newest develonment in tha Interest of the Nebrsska Suffrage association comes from ueneva In the announcement that shortly after the holldavi Mrs. p r Bray. ton of that place will give a aerlea of tee sops In practical and fancv conker the proceeds of the course to go to the Suffrage association. Mrs. Drayton Is amonv. the prominent public-spirited women ct tho siai ana waa instrumental In the ltshment of the library at Geneva es tab- about two yean ago. The Suffrsge club of Gen eva la amont the strongest women' organ izations of that county and Ita work in cludes educational and philanthropic effort. Mrs. Brsytcn's home has for several years been Its regulsr meeting place and It was st the earneat solicitation of the women of that vicinity that she has consented to give the course of Instruction announced. A large attendance of women apared the time from their own Christines preparation yesterday afternoon to attend the meeting of the Visiting Nurses' association, held in tbe parlor of the Psxton hotel, from 4 to t o'clock, to hear the reports f om the sick among the city poor aod plan for comforts that may brighten the holidays for them. Mr. W. R. Adams, superintendent of nurses, reported 41) visits msde during the lest month, forty-four pstlents. special nurses provided In seven cases, two deatha and four patients sent to friends. Th ex pens of ths association in giving this rare haa been about $160. Aa chairman cf th Hemaway Sewing circle, Mrs. L. A. Welsh reported $37.76 as proceeds of th esrd party given by tha circle on Wedaeaday afternoon, which goea to the work of the association. For some time paat there has been a desire to make Mrs. Herbert Rog ers honorary president or ths association, she having been th founder of th work, and at Thursday's meeting this was done and Mrs. Arthur No elected aa vie presi dent. The announcement was mads of aa lavltatloa from Judge Wool worth and Mrs. ident, Dr. Mllllgan of Grsnd Island; vice president. Dr. Moss of Ashlsnd; secretary. Dr. Orac Deegsn of Omaha. At the after noon session addresses were made by Dr. Little of Lincoln, Dr. Cramra of Fremont and Dr. Johnson of Omaha. CHADRON IS JSHORT OF COAL Action of Railroad Company Pre Teats Relieving tho Sltnatlon. CHADRON, Neb., Deo. 1. (Special.) Considerable difficulty Is being experienced during the last few days In this place in getting a sufficient supply of coal to meet . th Immediat demanda of th people on . account of the refusal of the Elkhorn rall 1 road to handle coal from the Sheridan mines loaded in Burlington car. One of the largest coal dealers has at present a number of csrs of coal from the Sheridan mines at Crawford, the Junction point of the Burlington and Elkhorn roads, which the latter road refuses to haul to this place, as it gives them a haul of only thirty i miles, while If the coal had been pur 1 chased from the Olenrock mine, which i are located on their own line. It would ; give them a haul of 175 miles In their own cars. It is understood that an offer of 60 i cents per ton additional to regular freight , rates for hauling the cars has been re , fused by the company, and to relieve the ; situation the coal will have to be trans- ferred Into Elkhorn cars or purchased from the Glenrock mines, which are now unable to fill their present order. Mickey Inspects Industrial School. KEARNEY. Neb., Dec. !. (Special Tel egram.) Governor-elect Mickey waa a vis itor at the State Industrial school last night, dropping In without announcement of his coming. He made a critical Inspection or all parts of the Institution and went east at noon today, but made no comment on the administration of Superintendent Begh tol. A large number of citizens called upon him at the Union Pacific station previous to bis departure. What follows tirlpf Pjeumonla often, but never when Dr. King's New Discovery for Consumption la used. It cures colds and grips. SOc, $1. For sale by Kubn Co. FORECAST OF THE WEATHER Saow In Soathern Nebraska, bnt Fair la Iowa and North, I tho Prediction. WASHINGTON, Dec. 18. Forecast: Nebraska Fair In north; probably snow in aouth portion Friday; Saturday, fair. Iowa Fair Friday, except probably rain or snow In southwest portion; Saturday, rain or snow. Illinois Fair Friday; increasing cloudi ness Saturday; probably rain In south por tion; fresh winds mostly south. Montana Fair Friday; warmer In south western portion; Saturday, fair. Colorado Snow, followed by clearing in west; fair In east portion Friday; Sat urday, fair. Wyoming Fair Friday and Saturday. South Dakota Fair Friday; warmer In central and east portions; Saturday, fair. Kansas Rain or snow Friday; Saturday, probably fair. Missouri Fair In east; rain in west por tion Friday; Saturday, rain in eaat; rain or snow and colder In west portion. Local Record. OFFICE OF THE WEATHETt BUREAU. OMAHA, Deo. 1. -Official record of tem perature and precipitation compared with the corresponding day of th last three years: 19rtJ. 1901. 1900. 1899. Maximum temperature ... 30 4 61 S3 Minimum temperature ... 8 31 18 Mean temperature 19 1 41 H6 Precipitation 00 .29 .00 .00 Record of temperature and precipitation at Omaha for this day and since March 1. 1902: Normal temperature fj Deficiency for the day g Total excess since March 1 Mo Normal precipitation OS Inch Deficiency for the day 03 inch Total rainfall since March 1 29.91 Inches Deficiency since March- 1 91 Inch Deficiency for cor. period. 1901 6.75 Inches Deficiency for cor. period, 1900 04 ncn Reports from Station at T P. M. -it 3 3 CONDITION OF THE WEATHER. Omaha, clear Valentine, clear North Platte, pirtly cloudy.... Cheyenne, clear Salt Lake City, snowing Papid City, clear Huron, clear Wllllston, clear Chicago, clear St. Ixuta, clear St. Paul, clear Davenport, clear Kanse.s City, clear Havre, portly cloudy Ticlena. clear 15! l 201 26, 28 64 101 201 84 48l Ml 341 40! 381 S0K .00 40 .00 24! .0 4 .00 30 .02 4 .00 i: .no 281 .00 40! .00 621 .110 32 . ?&l .0.) 40' .00 $8 .00 1S .00 401 .00 68 .00 I 18 I 661 1 Rmmarck, cloudy uaiviaion, clear Zero T Indicates trsce of precipitation. I A. WELSH. Local Forecast Offlclnl Guy Howard to hold the association's birthday party at their home February 2$. The Invitation was gratefully accepted. ' The young people of Westml.ts'rr Pres byterian church will clvo a dinner on Wedneada for the benefit of the Old Peo pie's home. The Sunday school of the First Baptist church bss adopted ths plan of each mem ber contributing a Christmas gift to a col lection to be distributed amcLg th se who would otherwise receive little. This yeur their donations will be divided betwreu the Old People's bom and the Child Sav ing Institute. The women of the Home Queen's circle have Issued Invitations for a library party to be given at Metropolitan club on the evening of December 29 for the benefit of the cooking school. The annual Pilgrim Mothers' dinner will be given at the Waldorf-Astorls on Mon day, Deoemher 22. the anniversary of the date of the Pilgrims' landing at Plymruih. There waa a large attendance at Thurs day mornlQg's meeting of the English lit erature department of the Woman's club, the feature of the session being an addreas bv Rev. George Edward Walk of Council Bluffs on Thomas de Qulncey. At 4 o'clock on Sunday afternoon th Toung Women's Christian association mill hold Its Christmas gospel meeting in th association rooms. Mrs. Byers, tbe eral secretary, win tni the story of gen- "Tue Other Wise Men." br Henrv Van Dyke, and th Ycuna Woman's Chrlstlaa elation quartet .and Miss Frances Roeder will furnish ths music. The members of ths Sunshln club of South Branch are buay with preparations BAXTER MAY YET GO FREE Wife BecatU Eor former Btorr That Old Man Mtrdered the Baby. PLEA OF GUILTY MAY BE SET ASIDE Case I One of the Most Feeollar la the History of Hehraaka Criminal Court Woman Mentally Incompetent. GRAND ISLAND, Neb.. Dee. 1. (Special Telegram.) The coroner's Jury continued Its Investigation Into the death of the 4-months'-old Baxter baby and recalled Mrs. Baxter To the astonishment of the Jury, coroner and officials she absolutely denied every charge she had made against her aged husband last Saturday and admit ted that what she hsd ssld on Saturday was wrong. She proved herself Incompetent to testify, being very weak-minded. She did not know how long she had been mar ried, nor yet bow old she was. Baxter, placed on the stand, told practically the same story he has told from the beginning. He Is nearly 70 years of age and of more tban ordinary intelligence. The testimony of tbe woman today re moves every particle of evidence against him, and his attorneys will move to have his sentence of ten years set aside. Baxter was, on Saturday night, finally Induced to plead guilty to manslaughter, but did so protesting that he was Innocent. Judge Thompson on Sunday ordered the negro re tained here until a further Investigation could be made. The verdict of the Jury waa that the baby had come to Its death by smothering, but whether accidentally or by malicious cause the Jurors were unable to determine. Cltlsen to Donate Park. ASHLAND, Neb.. Deo. 11 (Special.) Plans are being made by a number of local business men to purchase the south halt of block 17, Flora City addition, and present the same to the city of Ashland, to be used as a public park. The ground la Onely lo cated for a park, being within one block of the business center. F. H. Chlckerlng and C. N. Folsom are circulating a subscription paper, headed by a donation of $1,000 from E. A. Wlggenhorn, and ranging In amount from $150 down to ISO. It Is estimated that $4,000 will be required to purchase the sit and equip it for park purposes. Box Ofllce Is Attached. BEATRICE. Neb., Dec. 18. (Special.) The "Hello Bill" company, which showed here last night, had the receipts of the box office and baggage attached by Miss Mil dred Claire and Frank T. Glenn, members of the company, who claimed that Man ager Kellogg owed them back salaries to tbe amount of $100 each. Mr. Kellogg de nies the fact that he owes the alleged debt and proposes to fight tbe case. The com pany expects to fulfill Its engagements for the vnext week, after which tho manager will return to tbe city and settle the mat ter In the courts. Some Cora Decaying;. WEST POINT. Neb., Dec. 18. (Special.) Over one foot of snow now lies over Cum ing county. Considerable corn Is yet in the field, but the major part Is husked. In the ball belt, which comprises about ten miles long by three miles wide In the northeastern part of the county th corn Is decaying badly since it was cribbed, cattle and bogs refusing to eat It. It Is a problem with the farmers what to do with the corn. Most of them will us It for fuel. To Balld New Elevator. BEATRICE, Neb., Dee. 18. (Special.) The Farmers' Grain and Elevator company of Virginia haa purchased property near the right-of-way o the Missouri Pacific road and will commence the erection of an elevator of 8,000 bushels capacity at once. The other two elevators of the company at that town are filled with grain and, aa it is Impossible to get cars, the company haa refused to buy any more grain during the last fow days. Pythlans to Meet nt Bentrlce. BEATRICE, Neb.. Dec. 18. (Special.) The Knights of Pythlss lodge will hold a district meeting In this city February 4, at which time representative from Wy more. Falrbury, Liberty, DeWItt, Tecum seh and other towns In this section will attend. Several state officers of tho order will also attend the meeting. Painters I'nlon Electa Officer. BEATRICE. Neb.. Dee. 18. (Special.) Paintera and Decorators union No. 695 met and elected the following officers: B. H. Oden, president; Wilson Lunbeck, vice president; Charles Walter, recording sec retary; Harry Leach, financial secretary; Charles Robinson, C. Freeman and Len Thomas, trustees. Valuable Farm Change Hands. BEATRICE, Neb., Dee. 18. (Special.) Chris Knocbe, a prominent Germsn farmer residing near Ellis, this county, yesterday sold his farm of a quarter section for $45 per acre to Otto Scheve. Mr. Knoche will locate In Plymouth, Jefferson county. for Christmas party, the Invitations for which are to be lasued on Saturday. Mra. W. P. Harfcrd Is to give s Chrlst mss talk to toe-young women at the Pyrne Hammer factory next week aud Miss Lil lian Burgess is to sing appropriate songs and give a reading at M. E. Smith's. At the meeting of the board of directors of the Women's Christian association held on Tuesday morning tbo following appoint ments were made to complete the com mittees for the fear: Chairman of the board of managers of tbe Old People s home, Mrs. P. L Perlne; clerk of the home, Mrs. Che t wood Hamilton; chairman of ad mlsalon committee, Mrs. O. XV. Clsrke; cnairman of House committee, Mrs. W B. Taylor; chairman of devotional and visit mg committee. Mrs. O. H. Pratt; ward robe committee. Mrs. L. L. Bolts; auditing committee, Mrs. H. J. Penfold. Mrs. David Cole snd Mrs. E. M. Gibson. A gift of $100 was received from the Elks. A discussion of plana for a new building occupied the remainder of the aeaslon. In addition to maintaining headquarters In Lincoln during the session of the legis lature In the interests of a more equitable woman's property rights bill the Nebrsska Woman's Suffrsge association Is circulat ing tbe following petition: To the Twenty-Eighth Legislature of Ne. braxka: We. the undersigned women cltl- sens (or voters! of county, NVhrafka most respectfully petition your honorable" body to repeal the lew which gives to the widow the right of dower and to enact In IIbu thereof a law granting to the widow of an Intestate Doaeseil at real ettate one- Ifhl'(,h.rea' 'Ma,e. ,e almpl and one-half of the peraonal property. The executive committee of the ststs as sociation la considering th appointment of a historian to keep a record of the suffrage work of Nebraska and the appointment probably will be made at the next meet ef taa commute t b held ta Lincoln- Close mmmm 31 Massive Volumes Weight Over 200 Pounds. St Volume In All. 2B Volumes Ninth Kdltlnn. S Volumes American Additions. 1 Volume Guide to Systematic Heading; of the Whole Work. $ 1 Secures This Entire Set of the New 20th Century F.dltlnn. You ran pay the hnlnnec nt the rnte of only Klu a day for a short time. 9BQ Go to winterless California 5cici;'.? Bmfy rirspif www ximsmskm Mm piss ifMS?! fS2Sfi fMi s Sii III rig Ktefsftsasii m p w $ t? at n mWsm$s0Am Where rtues grow outdoors at Chiistiun time, ttutl there U nlwaya jierfect weather. The luxurious California Lim ited will tiki' you there lu less than three ihij-g fruin fhlcago. Finest dlning-cnr service In the world. All you could uk for In comfort, Hjwed nnd scenery. Hotel accommodations at nrlnrfpnl resorts better than ever before. The California tour described In cur hooka; uiiillcd for 10c In stamps. Address I'awseujfer OrHce, Atchlsou. ToiK'ku & Knutu Fe Hallway, De Moines, la. Santa Fe the Year ORDER BRITANNICA now. before It Is too late! 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