THE OMAHA DAILY 1?KE: Fill DAY, JANUATtY 0. 1003.
a
V
ir
HLK OF REAPPORTIONMENT
Vemben from Wg Urn Fart of Suta Will
Push the Measure,
HOLD PRESENT ARRANGEMENT IS UNJUST
Maintain that Present l.rtUUIirt
m
Can legally Pan Kara Rill
Which la Denied by Its
Opponents.
(From a Staff Correspondent)
LINCOLN, Jan. . (Fpeclsl.) Redlstrlet
fng of the state will be ona of tha Inter
esting propositions of thli session of tha
legislature. Whether It will b forced to
successful Issue cannot ba determined
at thla time, a there It going to ba con
alderable opposition to It.
Representative McAllister of Lincoln
county, whoia district begins with Lincoln
county on tha east and extends to the
state Una on tha weat, a distance, of about
$50 tnlles. embracing nine counties, will be
the leader In the house for this proposl
tlon and Senator Brown of DeuH Aunty
will champion It In tha senate. Repre
sentative McAllister has not ret, but will
frame and Introduce a bill to this effect.
"The stata needs redisricting very
badly," said Mr. McAllister. "A casual
reference to conditions will show oueer Ine
qualities tnd some glaring disparagements
to divisions and apportionments. For In
stance, my district In 1900 had a tota! pop
ulation of 28,310, and at the last election
caat a total rote of between 6,000 and (.000.
Rlcharison county on tha other hand, haa
threo members In the house and a popula
tion of 19.000
"Tha state constitution prescribe 100
members for the house. The total popula
tion of Nebraska fs about- 1,044.000. Thus
Richardson county Is barely entitled to two
members, let alone three. Now the redls
tiictlng could not. Increase the aggregate
representation, but would be an equalizing
or addition and subtraction process, taking
from such counties as Richardson and giv
ing to others whose population entitles
them to greater representation. .
"Douglas, on this basis, ought to get five
additional members In the house alone,
which would give It fourteen, Inatead of
Dine representatives. Lancaster would
gain one. I have not figured exactly the
gain In the senate.." ,
Mr. McAllister observes that the consti
tutional objection that the redisricting
, should have been undertaken at the session
' of legislature Immediately following tho
census In 1900, but cites rulings in Ohio,
whose constitution Is similar to that of
Nebraska, to sustain his point that a later
session of the legislature could rightfully
deal with the irattcr.
8eoator Brown, the leading exponent of
this proposition In the upper house, rep
resents a district embracing seven counties
and of almost equal territorial expanse as
that represented by Mr. McAllister. The
total voting powers of the two districts are
likewise r.bout the same.
Opponents of this proposition will base
their action on this, section 2 of article 111
of the Constitution on Legislation:
The leglKlature shall provide by law for
enumeration of the Inhabitants of the state
In the year eighteen hundred and eighty
five and every ten years thereafter, and
at the first regular session after each
enumeration and also after each enumera
tion made by the authority of the Cnlted
States, but at no other time, the leglnla
tjre shall apportion bhe'aenators and rep
resentatives according to the number of
Inhabitants, excluding Indians not taxed
and soldiers and officers of the United
Btates army and navy.
ROUTINE WORK OF THE SENATE
Committees mad Employes Are) Kumed
4 Body ia Ready for
Business.
(From ft Staff Correspondent.)
LINCOLN, Jan. 8. (Special.) Lieutenant
Qovernor Steele called the senate to order
at 11 o'clock and after roll call Chaplain
Preason asked the divine guidance.
After a portion of tbe Journal bad been
read the reading was dispensed with and
the report of tbe secretary adopted.
Hall moved that "when senate adjourned
It adjourn to meet at 10 o'clock Tuesday,
If tbe house would do so. This was amended
by Hasty of Furnas to read I o'clock, and
Hall accepted tbe amendment. Before mo
tion was settled a committee from the house
announced that that body w,as going to ad
journ until Tuesday and O'Neill moved that
the senate concur. The motion was car
ried. The committee appointed on tickets for
the Inaugural ceremonies reported that each
senator be allowed three tickets. Tbe mo
tion carried.
B F. 14. By Hastings of Butler Act to
mend section 12. article I. chapter 2. of
the Compiled Statutes, relating to agri
culture. 8. F. 15. by Marshall of Otoe Act to re
peal section 3, chapter xli, entitled "Day of
Grace."
8. F. IS, by Marshall of Ote Act to
amend section 86, chapter Ixxlll, entitled
"Compiled abstracts of title bonds."
8. K. If, by Marshall of Otoe To define
cop of Deaf and Dumb school.
Afternoon Session.
On motion of O'Neill senate adjourned
until 1:45.
( In the afternoon senate convened at 1:45
and after roll call marched In a body to
tbe representative hall to witness the In
augural ceremonies.
Tbe senate reassembled at 4:15 and after
roll call on motion of Hall of Douglas a
committee oi three was appointed to escort
tbe lieutenant governor to the bar of the
senate. The committee was Hall of Doug
las, Hall of Burt and Brown of Keya Paha.
On motion of Hasty of Furnas vote of
thanks was tendered the presiding officer.
Lieutenant Governor McOilton was re
ceived with applauae and upon being pre
sented to the senate made a short talk.
A recess cf Ave minutes was taken to
allow time for two committees to complete
their reports.
Warner of Dakota reported the following
Handing committees, as reported by the
lommlttee on committees:
Senate Committees.
Judiciary Hall of Douglas, chairman;
Wall. Brown. Glfttn. Hastings. Marshall,
Pemberton. Sloan. Warner.
Finance, Ways ani Means Anderson,
;halrtnan; Marshall. Hastings, Hasty,
Howell, Jennings, Norrls. o Nelll. Sheldon.
Public Ind and Huildlngs Sheldon,
Chairman; Cox, Young. Fries, Uitttn, Hasty,
Hedge, thunder. Sloan.
Agriculture Young, chslr'iran; Reynolds,
Hmdy, Coffey, Cox, Hall of Burt, I m
Strad. Highways, Bridges and Ferries Fries,
chairman; 1'nnteml Beghtol, Brady, Hall
Of Hurt.
Accounts and Expenditures Cox, chair
man; Noma, Anderson, Harrison, Baun
Jt r.
Constitutional Amendments and Federal
Relatluns 81oan, chairman; Warner, Wall,
A Perfect Polish at last I
GORHAM
Silver Polish
The very perfection of polish
Cleani as well ai brighten
All reaped stbte
jewelers ket y
aj tints a ssrksgs
Pemberton, Meredith, Hall of Douglas.
Dean. .
Military AfTalri-llall of Hurt, chairman;
Sheldon, frlej, O'Neill, Saunders.
M'JTilplrnl Affairs Howell, chelrman;
O'Neill, I'emtiertnn. Saunders, Anderson.
Intirnal Improvements Wiy, chairman;
1'metead. Olftln. Cnfry. Aldn.
8chool 1anda and Funds 1'mstend, chair
man; Marshall, Cox. Coffey, Itrown.
1-uhllc Printing Prmhertnn. chairman;
Frtfu. Coffey. Hasty. Howoll
Knrolled and Engrnwd Kills If sittings,
chairman; Norrls, Olftln, Hall of D-iuglae.
Jennlngn, Sloan, Way,
. Counties and County Houndartes l"m
sail. chairman; Yojng, Hasty, Meredith,
81n.
Education Diiy, chairman; Dean, Coffey,
sunders, Sloan.
Library Ueghtol, chairman ( Harrison,
Hall of Douglas, Hrdfc'e. HeynoMs.
Claims Warner, chairman; Hastings, An
derson. Howell. Sheldon.
Hank and Currency Jennings, chairman;
Marphall, Krndy, Day, Norrls.
Railroad: Wall, chairman; Frits, Rrown,
Cx, Day. lean, Meredith, Saunders, l.'m
stead. Miscellaneous Subjects Dean, chairman;
Day, Young, Alden, Hrghlol. Hall of Doug
la.". Way.
States Prlwins lleKhtol, chairman; Olf
fln. Cox, Dean. Saunders.
T'nlverslty snd Normal Schools O'Neill,
chairman' Wall, Yourjr. Day. Reynolds.
Putillc Charities Coffey eliHrrman; Hall
of Hurt. Norrls, Brady, Alden.
Miscellaneous Cororatlons Reynolds,
chairman; Saunders, t'mstead, Howell, Hall
of Hurt, Anderson, Sheldon.
Privileges 'and Elections Sloan, chair
man; Pemberton, Hastings, llrown, tihcl
don. 1-1 ve Stock snd Orailng Hasty, chair
man; Rrown, Fries, (HMln. Way.
Medical Societies Meredith, chairman;
Alden, Ileghtol. Ivan. Sheldon.
Kmlgratl n Brady, chairman; Hasty,
Dean, Day. Way.
Mines and Minerals Howell, chairman;
Way. Warner, Wall, O'Neill, Meredith,
Harrison, Coffey, Brady.
Manufactures and Commerce Norrls,
chairman: Jennings, Beghtol, Dean, Hedge.
Labor Marshall, chairman; Hedge, Har
rison. Brady, Alden.
Revenue Brown. chairman: Saunders.
Anderson, Day, Fries, Pemberton, Rey
nolds.
Insane Hospitals Alden, chairman: War
ner. Hall of Hurt, Meredith, Hedge.
Deaf, Dumb and Rlind Asylums Hedge.
chairman; Marshall, Hall of Douglas,
Young, Meredith.
Reform School, Asylum for Feeble Minded
ana Home ror tne Krlendless Marshall
chairman; Hcahtol, Pemterton. Sloan, Wall
Insurance Kaundere. chairman; Howell
Fries. O'Neill, Reynolds.
Soldiers Home Harrison, chairman; Hall
or Hurt. Young. Hedge, Jennings.
Rules Harrison chairman: O'Neill, War.
ner, Sheldou, Anderson.
Irrigation Olffin. chairman; Coffey
Brown, Fries, Hasty'. Howell. Wall.
Standing Committee Warner, chairman;
uoweu, Harrison, u item, wall.
Employes of Senate.
The committee on employes reported the
following:
Mrs. E. C. Lowrle, stenographer; Delia
M. Fulk, stenographer; W. A. Shotten
klrk, mall carrier, Charles Burke. Janitor;
Robert Foster, custodian of the basement.
The committee has assigned places to
the senators, but a majority of the sen
ators have failed to report who are to fill
them. Dean of Phelps Introduced a reso
lution that committee on employes be al
lowed to remove any employes for Incom
petency or any good cause. Hall moved to
amend to Insert the word "Instructed."
The amendment was accepted by Dean
and the amended motion carried.
Brown of Keya Paha moved that the
appointees agreed upon at the caucus, not
made public, be named Tuesday. O'Neill
moved that the motion He on the table.
Latter motion carried.
LITTLE BUSINESS IN HOUSE
Speaker Xanta Employes and Ad
journment la Taken to Tues
day Morning. .
j
(From a Staff Correapondent.)
LINCOLN, Jan. 8. (Special.) Speaker
Mockett called the house to order at 10:3ft
and the Invocation was offered by Chaplain
Scott.
Sears of Burt, Mangold of Douglas and
Wilson of Pawnee were appointed to act
with committee from the senate to pre
pare and distribute tickets for the lo-i
auguratlon. Good of Nemaha. Burgees of
Lancaster, Harmon of Saunders, Bartoo of
Valley and Anderson of Knox were ap
pointed to determine the number of em
ployes to be selected for the house.
On motion of Rouso of Hall It was or
dered that when the house adjourn It be to
meet at 11 o'clock Tuesday morning.
On motion of Rouse of Hall It was or
dered that a flag be unfurled on the dome
of the state, house, to remain during the
legislative session..
On Death of John It. Mnslrk.
These resolutions on the death of Rep
resentative Mustek of Nuckolls wero
adopted:
Whereas. It has pleased the Creator and
Ruler of ail men. Who is infinite in wisdom
and controls ail things by His divine power,
to remove one who was a member-elect of
the twenty-eighth session of the Nebraska
legislature, the Hon. John R. Mustek of
Nuckolls county, by death; therefore, be 't
Kesolvd. That It is the sei.rc of the
members of the house of representatives of
the legislature of the state of Nebraska,
in the twenty-eighth session assembled, to
mourn the loss ot one who has served many
times In public office with honor to himself
and credit to his people. And by reason of
his wide experience, his broad mind and
exemplary character would have made a
valuable member of this body.
He It resolved further. That we honor
the memory of the Hon. John R. Mustek,
we his neighbors, and all persons ac
quainted, honored and respected him dur
ing life. For tne last twenty-three years a
resident of Nebraska, he wna always a
good citizen, a correct man, a loving and
faithful husband and father. He loved his
fellow men and spent his life uplifting hu
manity. He represented In himself the best
rltlsenshlp of the state, and In his death
we have sustained a great loss, the state
a good citlsen and hutnanlty a noble and
devoted friend.
Journal to lie Printed.
By a divided vote the motion of Belden
of Richardson that a printed copy of the
preceding day's Journal be supplied each
member dally was carried. Good of Ne
maha and others thought this might In
volve a useless expenditure of money. The
I plan was pursued last term at a total cost
of something like J500.
Considerable objection was made to tho
successful motion of Hogrefe of- Richard
son that each member be supplied with
five -cent and Ave 1-cent stamps dally.
Nelson's of Douglas motion that the
bouse appoint a committee to act with a
Joint senste committee on fixing a day of
adjournment was carried. It was at the
request of a senator and caused some con
fusion In view of Rouse's previous motion
on adjournment.
Nelson of Douglas, Rouse of Hall and
Mrndenhall of Jefferson were named, but
Rouse declined to serve and Ferrar of Hall
was substituted. The speaker explained
that the rules prohibited either house from
adjourning tor more than three days with.
Out the consent of 'he other and that In
view of tbe difference of. opinion as to
whether Sunday Is counted as a regular
day or not, this motion was made. He said
the question has never been determined and
to avoid embarrassment be declared Nel
son's motion In order.
Tbe committee conferred with the senate
committee and reported that tbe latter con
curred In the house's action of fixing Tues
day as the day of convening.
Tbe house on motion ot Perry of Furnas
adjourned at 11:40. ,
Xanaea llonse Employes.
Speaker Mockett today announced this
partial list of house employes:
Josrphyns Murphey. chief clerk's sten
ographer Csh county; H. Glssgow, book
and time keeper. Gage county; J. W.
Wringer, asalstsnt postmaater. La scant er
county; A. J. Trude, chief clerk bill room,
Oage county; Charles L. Kelley, clerk,
Otoe county 8. W. Fisher, assistant ser-
geant-at-arms, Nemaha county; Maggla
Sutton, engrossing and enrolling clerk
Pawnee county; Maud Landers, engrossing
and enrolling clerk. Valley county) hV
Relslnger. door keeper gallery; Charles
Ooldsmlth. psgc for speaker, Lancaster
county; Theolore Kurth. pare, Boone
county; Ralph Tlllnson. page, Tawnee
county; Gideon Stabery, page, Lancsster
county; Robert Houghton, bill clerk, Doug
Us county.
SUGAR BEETS ARE A GOOD CROP
Farmers Monar the C'ulltertaon Ditch
Are Maklnar tiood
Money.
CULBERTSON. Neb.. Jan. 8. (Special. )
The wonderful development of the beet
sugar Industry in Colorado within tne last
few years lias stimulated the farmers of
southwestern Nebraska In growing the
sugar beet and this fnll more than BOO car
loads were shipped from Culbertson and
neighboring towns to the Grnnd Island
beet susar factory. These beets represent
a money value of $.r0.000.
Adjacent to tbe village of Culbcrtson
thre are lO.ono nrres of sugar teet lands
equal to any In the state of Colorado, all of
which are under the big Culbertson ditch,
which his the priority to the water of the
Frenchman river, one of the finest rivers
In the west. These lands have produced as
hltrh as twenty-five tons of heete to the
acre, testing very high In sugar contents.
Such lands In the migir districts of Colo
rado, Michigan and Utoh are valued at
from $100 to $200 per acre, while around
Culbcrtson they wen not considered wcrth
over $10 per acre until he surprlulng re
sults realise J by the beet growers the past'
aeason becamo known. Formers now con
tend that their lands made them 10 per cent
clear on $200 per acre valuation, fho aver
age yield, has been fifteen tons per acre and
the average price received $4.2S per ton, or
about $65 per acre. The cost of raising and
marketing an acre of beets has averaged
less than $35, leaving a net profit of $30 per
acre. A number of th farmers averaged
twenty tons to the acre, which netted them
s profit of $00 per acre.
These are the people who would not be
come excited at an offer of $100 or even
more per acre for their lands, which a few
years ago, before the advent of the sugar
beet, could have been bought for $10 or
less. Thirty bushels of wheat per acre was
considered u big crop, which would net the
farmer a profit of $3 or $4 per acre, after
paying all expenses, including water for
Irrigation. Wilh the sugar beet, however,
It Is different. After two years' trial thene
farmers declare thst the sugar beet Is the
surest crop that can be grown on these
lands. The hall, the grasshoppers, the hot
winds and the flood will not destroy the
crop and at the same time return a larger
profit than any other crop that can bo
grown.
The people of Culbertson and vicinity
have organized a beet growers' association
for the purpose of stimulating the growing
of sugar beets In the Immediate vicinity of
the town and to secure the location of a
sugar factory of at least 1,000 tons dally
capacity at this place.
Every man. Woman and child you meet
here talks sugar beets and a stranger drop
ping Into the town is soon Impressed with
the fart that It Is only a question of a short
time until Culbertson will rival the most
"prosperous sugar factory towns of Colorado.
Tho committee appointed by the associa
tion has every assurance that a factory
will be built here In time for tbe crop of
1904.
The advantage that Culbertson has over
other towns In this section of the state Is
that It has appropriated the waters ot the
Frenchman river, the only stream In tbe
upper Republican watershed that flows a
good volume of water during the dry season
of tbe year. The Republican river usurlly
goes dry from two to four months of each
year, while the Frenchman very seldom
flows less than 100 cubic feet per second In
the dryest season. There are some excellent
reservoir sites along the line of the Cul
bertson ditch, and It Is estimated that 10,
000 acres can be Irrigated from the ditch
and the reservoirs that can be built along
the line of the ditch at a comparatively
small outlay. The ditch Is owned by ex
Governor Buckeley of Connecticut.
DROWNED WHILE CUTTING ICE
Meat Point Mnn Falls Into River
and Sinks Before lelp
Arrives. ,
WEST POINT, Neb.. Jon. 8 (Special.)
George Ruehl, a well known and highly re
spected citizen, lost his lift by drowning
this morning. The deceased was engsged
In cutting Ice for the local Ice company
and, together with F. L. Luedke. went
down to the river early this morning to
begin work before the rest of -the men ar
rived. By some means both of the men
fell through a bole into the water. Luedke
succeeded In catching hold of the edges of
the Ice and held on,' calling for help. His
cries were heard by William Clausen, who
ran to the spot and pulled him out as he
was about to let go. Ruehl was drawn
under the Ice and up to this time his body
has not been recovered. The accident hap
pened just above the dam, where the water
Is deepest. All the available citizens are
searching for the body and every effort Is
being made to recover It. The deceased
was a married man. sn old settler, and
leaves a widow and family.
ACTOR TAKES HIS OWN LIFE
Mmota Himself While on the Way
to Hia Hotel After the
Performance.
GREENWOOD, Neb.. Jan. $.( Special.)
"Jack" Lambert, a comedian connected
with the Metropolitan Stock company,
which came to Greenwood this week from
Ashland, shot himself through the heart at
10:45 o'clock Wednetday evening. Lambert
had taken his usual part In the play and
was apparently In good spirits. He bad
just started for his room in the hotel to re
tire for the night,' when he drew the
wespon. Ha did not utter a sound aftrr
committing the act, death resulting in
stantly.. No motive Is known for the deed.
Lambert was an Englishman and bad been
on a tour of Nebraska towns with tha show,
playing last week at Ashland and the week
before at Weeping Water. He was 27 yearn
old. An Inquest was held over the remains
this afternoon aud a verdict of suicide ren
dered. Many Windmills Blown Down.
FREMONT. Neb.. Jan. 8. (Special.) The
damages from the heavy wind of Tuesday
night and yesterday are much greater than
at first reported. A great many windmills
were blown down or broken. In Saunders
county, south ot the Platte, twenty-six
mills wero put out of use, and probably as
many more north of the city were blown
down.
Popular Travellaar Man Slrk.
DAVENPORT. Neb., Jan. 8 (Special.)
Reuben Moore, formerly traveling sales
man tor a grocery firm out of St. Joseph,
having taken the first order for groceries
at Wymore and ether points In this stste
ever given, is dangerously tick at his home
with consumption. He hss been conduct
ing a grocery store here for several years.
BEATRICE. Neb.. Jan. $. (Special )
The total number of deeds filed in Gage
county for the year 1902 was 1.157. the
consideration slated therein being $2,241,-
(06.
FOWLER REPORTS ON SCUOO'S
First Volume of tha Dotument It nod from
the Press.
COURT UPHOLDS OLEOMARGARINE LAW
Hales that It Was Properly Passed
nd Is Within the Scope of tho
Police Power of the
' State.
(From a Staff Correspondent )
LINCOLN Jan. . (Special.) Superin
tendent Fowler haa issued volume 1 of the
seventeenth biennial report of his office.
It containa 608 pages. Volume 2 will not
be ready for ten days. In the report Mr.
Fowler shows the growth of Nebraska
schools for th last ten years.
The report contains the decisions of tho
supreme court in all cases effecting school
legislation and all the decisions of the state
superintendents.
Snstalnn Oleomargsrlne Law.
The supreme court affirmed the decision
of the, Lancaster court In the case of Ben
jamin and George Beha, fined $20 and costs
for selling Imitation nutter and of unlaw
fully selling oleomargarine. Following la
the syllabus:
'the net of the legislature of 1S. en
titled "food Commissions," chapter xxxtll.
Compiled Statutes of lil. does not by Im
plication repeal the act of IWj, chapter vi..
Sessions Laws, entitled "An act concern
ing imitation butter and imitation cheese,
eto," or any part thereof; eald last men
tioned act bel.ig Ineorpol ated into the 19.1
Compiled Statutes as section 24n, In et sei
of criminal code.
I'he act of lttstt, section 24j. In Criminal
Code, forbidding the selling or keeping tor
sale of imitation butter, colored so as to
resemble butter made from pure mlik or the
cream thereof, and the other regulations
'mposed by the act, Is a valid exercise of
the police powers of the state; and It Is
competent for the legislature to provide
such regulations as therein prescribed and
to enact suitable penalties for their viola
tion for the better protection of the public
health fend to prevent fraud and deception.
Oftdrn Case Reversed.
'judge Charles Ogden, who was ordered to
sit down by Judge Koysor of Douglas and
who was fined $25 for contempt of court
because he did not, found a friend in court.
That body reversed the decision ot tbe
lower court.
Derisions of the Snpreme C'onrt,
Oarnett against
low. id.
ntHzar against
Myers. Rehearing al-
Whlttake. Rehearing
denied.
Hatty against Hastings. Rehearing denied,
Fort against Cook. Motlun tor leave to
file secouu motion for rehearing denied.
Drexel UKRinst Reed. Rehearing allowed.
Creedon against Patrick. Kehearlng
denied.
ChlCHgo. Hurllngton Julncy railroad
Harrington against Uouacuin. KehearTng
denied.
Clelund against Anderson. Reheating al
lowed.
Kverson against State. . Rehearing denied.
Opinions Filed.
Solt asalnst Anderson. Judgment of dls
trlct court reversed and action dismissed.
Pound. C.
Preston against Northwestern Cereal com
pany. Affirmed. Hastings, C.
Chicago, Burlington Ac Qulncy railroad
axalnst Wintr y Antrmed. HolcomD, J.
Citizens State bank of Newman Orove
naalnst Nore. Reversed. Ioblngler, C
rretmnt Hrewlng company against Han
sen. Former Judgment vacated. Judgment
of district court affirmed. Duffle, C. Ames,
C, dissenting, adheres to former opinion.
Dufrene agali.st Anderson. Former Judg
ment vacated. Decree of district court re
versed and cause reminded for further
proceedings. Aioert. u.
Rhodes against Samuels. Reversed. Belli
van. C. J.
Hendricks against Fremont, Elkhorn &
Missouri Valley railroad. Affirmed. Duffle,
C.
Portsmouth Saving bank against Omaha.
Affirmed. Hastlnas. C'1" '
O'Conr.or against Aetna Life Insurance
company. Affirmed. Dunle. C
Mutual Benefit Life insurance company
acalnst Daniels. Klrknatrlck.
Wood against Carter. Affirmed. Ames, C.
Clnfel against Malena. Affirmed. Barnes,
a.
National Life Insurance company against
Dawes county. Keverscd. Sedgwick, J.
Dekota county against Bartlett. Affirmed.
Hastings, C.
Berlet against Weary. Affirmed. Lobln-
aier. C.
Austin Manufacturing company against
Colfax county. Affirmed. Oldham. C
Uronson analnst Albion Telephone com
pany. Affirmed.. Pound, C,
Kelley against Oage county. Affirmed.
Sullivan, C. J.
Kwlng.s against Hofflne. Appeal dismissed
Holcomb. J.
Beha against State. Affirmed. Holcomb, J.
Martin againsi Biaie. amrmeu. ui
comb, J.
Opinions filed In (he following cases will
not be officially reported:
Grand lodge Ancient Order of United
Workmen aaalnst Scott. Reversed. Day. C
Murray against Mutual Benefit Life In
surance company. Affirmed. Hastings, C.
Cahlll against Morrlssey Plumbing com
pany. Affirmed. Oldtvam, tJ.
Janouch against Fence. Reversed. Barnes
C.
Pierce against Reed. Affirmed. Lobln
ier. C.
Brand against Garneau. Affirmed. Barnes,
r..
Ogden against State. Reversed. Albert, C.
Nebraska Bniri company against nunon
Reversed and action dismissed. Pound, C
Tracy against Crezaud. Reversed with
Instructions. Hastings. C.
Rydson against Larson. Affirmed. Duf.
Parkins against Missouri Pacific railroad.
Affirmed. Kirnes. C.
dimming against Hart. Affirmed. Old-
hnm. C
Vlllase of Atkinson against Fisher. Af
firmed. Pound. C.
Whelen agalnbt Stllwell. Affirmed. Barnes,
C.
Ferxus against Gagnon. Affirmed. Old
ham. C. , .
Murray against Romlne, Affirmed. Duf
fle, C.
Kstate of Barr against Post. Reversed
and cause dismissed. Duffle, C.
Village of Holsteln against Klein. Af
firmed. Pound, C.
Silk against McDonald. Reversed with
directions to enter decree as prayed. Al-
" C. . .
Harmon againsi nurcu. Aiuruicu.
Ings, C. . , , ,
tbel againsi runnger. ntviutu. ura-
ham, C. .
Provldenc-) ure ana i rusi company
against Brunner. Reversed. Ames, C.
Hayes against itayes. Ainrmea. Amea,
Grand Island Wants Sew Charter.
GRAND ISLAND. Neb., Jan. 8. (Special.)
At the meeting of the city council last
evening a committee was appointed to draft
a bill to be submitted to the legislature
providing for such changes In the present
charter as from conferences with represen
tatives of other cities of this class teem to
be generally desired. The changes Include
the election of cbuncllmen for two years,
four alternately each year. Instead of for
only one year; the simplification and re
duction in expense In the matter of the
registration of voters, etc. The secretary
ot tbe meeting of representatives trim all
cities, held here In August, City Attorney
M. T. Garlow, was Instructed to write to all
other cities ot this class, suggesting that
its councils also settle upon what changes
are desired a that there be a joint meet
ing of all at Lincoln.
Talk of Library at Haatlasja.
HASTINGS, Neb., Jan. $. (Special.)
The public meeting called by Mayor Miles
for the purpose of talking overthe propo
sition Andrew Carnegie made the city of
Hastings In the matter of erecting a pub
lie library building was held at the city hall
last night, but on account of tbe Inclem
ency ot the weather tbe attendance waa
light. After a brief discussion it wss de
cided to postpone the meeting until next
Thursdsy evening, when It will be held at
the courthouse.
Cattle Polaoaed by Bad Hay.
' FREMONT. Neb., Jan. 8 (Special.)
Several bad cases of cattle being poisoned
by eating hay which contained ergot have
come to light hers. On herd of cattle
northwest of the city Is In an especially
bad condition, nearly all Of the ISO bead
showing some symptoms of It. Yesterday a
number were ordered shot by the veterl
nsry. The dlsesse affects the hind feet,
which swell up and In some cases actually
rot and fall off before the animal dies.
ACQUIT BOY OF MURDER CHARGE
Jary Does Sot Consider Him Respon
sible for Ktlllnar Ills Step,
father.
COLl'MBCS. Neb.. Jan. 8. (Special Tele-
gram ) Herman Borchers, the 14-year-old
boy who has been on trial charged with
the murder of his' stepfather. Gerhard
Borchers, at their farm near Humphrey
last October, has been declared not guilty.
After six hours deliberation the Jury came
In at 5:30 this evening with a verdict for
acquittal. While there Is no doubt that
the boy did the killing, the verdict was re
turned In accordance with the court's In
structions regarding the legal responsi
bility and the age of the boy, which the
Jury was charged to determine and agree
upon from the evidence. It la said that a
complaint will Ic filed In the morning ask
ing for the commitment of Herman .and
August, his 10-year-old brother, who was
beld as an accomplice, to the State In
dustrial school and that the criminal case
against the latter will be nolle prossed.
RAILROAD HELPS THE Y. M. C. A.
Presents lhadron Association with a
Fine Building- for Its
Ise.
CHADRON. Neb., Jan. $. (Special.)
Last night at a meeting of the execu
tive board of the Young Men's Christian
association the proposition of the Elkhorn
railroad wss accepted, and Chadron Is to
have a new Young Men's Christian asso
ciation building.
The railroad's proposition wss to pur
chase the Hotel Chadron. a large, three-
etory brick building on Main avenue, which
originally cost $13,000, and give an addi
tional $2,000 to put It In repair and present
It to the association, providing the local
management of the Young Men's Christian
association would furnish and equip It,
which will cost about $5,000.
The proposition was accepted snd work
will be commenced at once to vacate and
remodel It. The building will be heated
throughout with fcteam and lighted with
electricity. Every modern appliance will
be used for the entertainment and com
fort of Its members and visitors.
INSTRUCTIVE T0THE FARMERS
Several interesting; Addresses at
Buffalo Connty Insti
tute. KEARNEY, Neb.. Jan. 8. (Special Tele
gram.) Tbe first day's attendance at the
farmers' Institute was not as large as It
was hoped It would be. Owing probably- to
the extremely -llsagreeable weather ot the
last two days. The armory was about half
filled this afternoon, however, and two very
Interesting addresses were listened to. The
first was by President L. S. Deeth, who
spoke on "What the Institute Will Accom
plish." His talk was not lengthy, but he
showed the. advantage of Institutes, where
farmers could exchange Ideas and obtain
the opinions of experts In the various de
partments of agriculture and stock raising.
Hon. D. P. Ashburn of Gibbon was the next
speaker, his subject being "Breeding and
Selection of Seed Corn." His address,
which was a most Interesting one, was
closely listened to. His remarks -were
Illustrated by large pictures of tbe different
varieties of corn. In the ear and In the
kernel.
SIDNEY PEOPLE OUT OF COAL
Threatea to Raid the Railroad Supply
If Company Will Not Hell
ome of It.
SIDNEY. Neb., Jan. 8. (Special Tele
gram.) Unless something Is Cone by to
morrow morning to furnish coal to the
people of this city snd surrounding country
the Union Pacific railroad will have to
order out the state militia to protect the
coal It now has In the yards here. None of
the dealers have an ounce on hand and the
present condition will be ten times worse If
severe cold weather should come. There are
several cars of coal in the yards and M.
Clifton, the agent, has telegraphed for In
structions to deliver It to the dealers, but
no response has been received from head
quarters. This has never happened here
before and the people are determined to
have ccxl at all hazards.
SUGAR FACTORY FOR HERSHEY
Standard Company Offers to Krect One
If Farmers Will Raise the
Beets.
HERSHEY. Neb., Jan. 8. (Special Tele
gram.) At a meeting of sugar beet growers
here tonight Mr. Leavitt ot the Standard
Beet Sugar company of Ames stated he
would erect at this place a modern factory
if 6,000 acres of beets could be raised and
that he would erect and maintain a test
ing and weighing station this year for 600
acres. We are sure of this from either
the American Beet Sugar company or the
Standard. The prospects for a factory hers
in 1904 are good.
Ashland Makes Uood Showing;.
ASHLAND, Neb., Jan. 8. (Special.) A
list of the improvemfnts msde In Ashland
and vicinity during 1902 has just been com
piled. It shows over $70,000 expended by
Ashland citizens for new houses, barns,
cddlttons to residences and buildings of
similar design. The largest item is Rails
back Bros.' elevator, roatlng $25,000.
Beatrice Hose Company Officers.
BEATRICE, Neb., Jan. 8. (Special.)
Beatrice Volunteer Hose company elected
officers last night for the coming year as
follows: Ed Maxwell, president; Ira Lock,
vies president; w. D. Moore, secretary;
Patrick Qulnn, steward; John I'lebuch, fore
man; E. A. usraon, nrst assistant; u. Kuhn,
socond assistant; A. P. Sage, treasurer.
Killed by a Virions Bull.
COZAD, Neb., Jan. 8. (Special Telegram.)
Mr. Baggee, a Swede farmer (6 years old.
living thirteen miles northwest ot here,
waa killed by a vicious bull Tuesday even
ing. He went to the field to drive up the
cattle when tbe animal attacked him. He
walked to the house, about a quarter of a
mile, and died aoon after. .
Wind Blows Down Smokestacks.
ASHLAND. Neb.. Jan. 8. (Special.)
Daring the high wind yesterday tbe smoke
stack on Rallsback Bros.' new elevator was
blown down, wreckln g tbe dust-cleaaing
machinery. Tha smokestack at Swift and
Company's Icehouse waa also blown over.
Tbe damage Is estimated at $500.
Postal Clerks Elect Officers
NEBRASKA CITY. Neb., Jan. $. t Spe
cial Telegram.) Ths -local branch of the
U. N. 'Association of Postofflce Clerks
elected the following officers here today:
Clyde E. McCormack. president; H. Clif
ford Leigh, secretary; UelvU Thompson,
trsasursr.
LOUISVILLE BANK IS ROBBED
Thieves Obtain Four Thousand Dollari ii
Cash tnd Eioapo.
DIG THEIR WAY THROUGH A WALL
Officers Are Waltlnat for the Arrival
f Bloodhounds from Beatrice
Before Beginning; Pursuit
of the Burarlara.
LOUISVILLE. Neb., Jan. 8. (Special Tel
egram.) Tbe Commercial bank ot Louis
ville, owned by Tom E. Tarmele of Plans
mouth, was entered and robbed of $4,000 last
night.
The robbers gained an entrance through
the post office, which Is In the same building,
by making a hole, about twenty Inches
square In the brick snd cement partition
which opened directly Into the vault.
A hammer from the blacksmith shop and
crowbar from the mill were secured with
which to do the work.
So tar nothing hss been found missing
from the postofflce.
The bloodhounds arrived and were put on
the trail, which led from the postofflce
down the back alley to the B. V M. depot
and west to Ashland, when the trail wss
lost.
After the hounds were taken from the
vault Mr. Parmele went In through the
entrance made by the robbers and sue
"ceedeM In opening the vault door from the
Inside, which revealed the fact that both
(oors of the safe were blown entirely off
and all the money taken. The amount
stolen has not yet been disclosed, but the
estimate of $4,000 Is probably not far from
correct.
The bank will be ready to do business
tomorrow, with plenty of money and a
new safe.
ASHLAND. Neb., Jan. 8 (Special Tele
gram.) The trail of the Louisville bank
robbers was found at 1 o'clock this after
noon by bloodhounds from Lincoln. It fol
lowed the Burlington track to the depot In
Ashland, where the scent was lost. It Is
thought the robbers bosrded an early morn
ing passenger here.
LEXINGTON STORE ROBBED
Thieve Inloek tho Door and Take
Several Hundred Dollars
Worth of "Ilka.
t
LEXINGTON. Neb.. Jan. 8. (Special
Telegram.) The store of S. N. Wolbach
of this city was entered last night by
means of a skeleton key to the front door
about midnight and robbed of silks to tbe
value of $400. The robbery was not dis
covered until 4 o'clock this afternoon,
when a woman called to purchase silk, at
which time the loss was discovered by
Manager F. H. Adams. Investigation was
at once made and Night Watchman Teats
reported that prior to midnight the win
dow curtains were up, but at that hour
were down. He tried the" door and found
It locked, bnt the probability Is that tbe
robbers were then quietly at work. Sus
picion Is directed towards two men whose
description was sent here by Chief ot
Police Hamilton of Kearney. Their names
are Michael Hayes and Haley. These two
men were arrested in Kearney for a rob
bery committed In Grand Island two weeks
ago, taken there for trial, hut released
for want of evidence. Two men answering
their description were seen ' here after
midnight by a Union Pacific coal detective
In the railroad yards. They were skulk
ing along,., endeavoring to elude observa
tion. Manager Adams offers any reason
able reward for the arrest ot the guilty
parties or the recovery of the goods.
RECEIVE GOVERNOR MICKEY
State' House Thronged with Crowd
Which Comes to Pay Its
Respects.
(From a Staff Correspondent.)
LINCOLN, Jan. 8. (Special Telegram.)
A public reception was tendered Governor
Mickey tonight In the senate chamber of
the state house. In the receiving line
were ex-Governor Savage, Governor and
Mrs. Mickey, state officials and their wives
and the staff of the outgoing governor. An
Immense crowd. Including military and civic
organizations was present and was ably
handled by members of the National Guard,
under command of Captains L E. Jones,
Brooks, Yoder, Ringer and Lieutenant Rol
lln. Music was furnished by the Second
regiment band.
The offices of the state house were kept
open and were thronged with visitors the
entire evening. Many prominent citizens
from out ot state were present.
Kevlval Beaslna at Davenport.
DAVENPORT. Neb., Jan. 8. (Special.)
Tho Christian church at this place com
menced a rerles of meetings here last even
ing, with Evangelist Gray of Baldwin, Mo.,
In charge.
Banquet at Beatrice.
BEATRICE, Neb.. Jan. 8 (Special.)
The forfrth annual banquet of the Demp-
e,ter Mill Manufacturing company will be !
In Nichols' bull, this city, Paturday even- j
Ing. j
DAKOTA LEGISLATURE TAMEi
Early Settlement of Capitol .Removal '
Fight Takes Spies Ont of
j
PIERRE. S. D., Jsn. 8. (Special Tele
gram.) Ths organisation of the legislature
Is over and the Inaugural a thing of the
past, while the capltol fight Is practically
settle! with Mitchell a winner. The bill
will be Introduced In the house tomorrow
snd tske its regular course, the only ex
ception being that It will come from tbe
committee on state affairs and will require
no reference. With that out of the way
the Indications are for a rather tame ses
sion, with a number of bills to be ground
through the legislative mill.
In the session today tbe bouse did little
but call the order of business, with no bills
Introduced. Bill No. 1, to be Introduced In
ths bouse tomorrow, will be by Pierre, and
will be to cede a section of school land to
the general government for the use of the
National Soldiers' home at Hot Springs.
In the senate ths committees were an
nounced and a number of bills Introduced,
No. 1 being by Stoddard, providing for
boards of fence viewers. Bills of import
ance Introduced were for the acceptance of
the work of the code commission. This Is
considered one of the greatest Importance
for the present session, as its earl ac
ceptance will allow amendments to be pre
sented to tbe provisions of the new code,
Instead of tu laws of past Sessions.
A bill was Introduced to appropriate all
unappropriated state lands 26.000 acres
tothe Insane asylum, at Yankton, and a bill
to hold terms ot court In other than county
aeat towns when the same ars mors than
ten miles from a railroad.
Raarhnaaa Solves DlSrolt Problem.
SIOUX FALL8, 8. D.. Jan. 8 (Special.)
Tbe deep snow on the cattle ranges la
the eastern and central part of Lyman
county has no terrors for Oeoar Snowden,
an Ingenious ranchman whose range Is In
ths Medicine Butts country. Snowden
states that there Is so much snow In thst
retlon that tbe snow birds cannot fly. Put
nevertheltsa he Is not worrying over lh
outlook, for be has adopted a plan whereby
his cattle can obtain an abundance of feed
on the open prairies. Snowden has con
structed a huge snow r'cw, with which he,
hen occasion requires, ss at preeeni,
scrapes the snow from portions of his
grating ground. By this means his cattle
are able to get to the grass and are kept
In good condition. Other cattlemen will
doubtless adopt his method of enabling
cattle to rustle their living on the range.
Livestock Hies of Thirst.
BASIN CITY, Wyo., Jan. 8. (Special.)
A deplorable condition ;of affairs Is al
leged to exist on the Germanla flat north of
Burlington, due, It Is said, to tho scarcity
of rain and snow. Last winter several
horses and cattle died In tho fields, being
unable, to get wster, and several perished
on tho open range. Tho same trouble Is
being experienced this winter. A ranch
man from Oermnnta reports that he found
twenty dead horaes on the plains few
days ago. The only remedy that has been
suggested Is the digging of deep wells, and
steps are now being taken to have a num
ber dug, the ranchmen joining hands, and
U secure one well at a tlmo.
Wronar !nine mm l.leenso.
GARLAND, Wyo.. Jan. 8 (Special.)--Harry
Glassey and Miss Hughes were to
have been married at Rurlington on
Christmas day, but to the consternation of
tbe minister aud the prospective bride and
groom the discovery was made Just as the
ceremony was to be performed that Instesd
of the tame of Miss Hughes on the mar
riage license the name of another young
woman appeared. The wedding was post
poned and a messenger was sent on horse
back to the county teat at Basin City to
have the mlstsko corrected. The ceremony
was performed a tew days ago.
I.ratlalatora Inclined
TIERRE, S. D., Jan. S.
to Growl.
iSpeclal Tele
gram.) The cutting off of all communica
tion by rail or wire with fhls city for two
days brought numerous growls from out
siders who expected to teturn home
Wednesday but generally It was taken good
naturedly when weather conditions In other
rections were learned. As there was but
little storm and a mild temperature here,
the city had plenty of fuel and there was
no discomfort.
Sheepmen Wnnt Wolf Bounty.
LANDER, Wyo., Jan. 8. (Special.) Tho
Fremont County Wool Growers" association
has petitioned the legislature to pass a
new bounty bill and appropriate the sum
of $40,000 for bounty and Increase the
bounty on coyotes to $3 and on wolves I
to $5.
FORECAST OF THE WEATHER
Fair and Colder Is Today's Portion
In Nebraska and North
west Iowa.
WASHINGTON, Jan. 8. Forecast:
For Nebraska Fair and colder Ftlday;
Saturday, fair.
. For Iowa Fair Friday, colder in north
west portion; Saturday, fair, (.older In eaat
and south portions.
For Illinois Fair In north, snow In south
portion Friday, rising temperature; Catur
day, fair; fresh west to northwest Vlnds.
For North Dakota snd South Dakota
Fair and colder Friday; Saturday, fair and
warmer.
For Wyoming and Colorado Fair Friday,
colder In east portion; Saturday, fair.
Local Record.
OFFICE OF THE WKaTHEF. BUREAU,
OMAHA, Jan. 8. Official record of tem
perature and precipitation compared with
the corresponding day of tha last three
years:
lflOJ. 1902. 1901. WOO.
Maximum temperature.... 2 69 84 42
Minimum temperature.... 10 37 11 R3
Mean temperature 19 48 24 3f)
Precipitation 00 .00 .00 T
Record of temperature and precipitation
at Omaha for this day and slice March 1,
1J2:
Normal temperature 17
Excess for the duy 2
Total excess since March 1 2X1
Normal precipitation 02 Inch
Deficiency for the day 02 Inch
Precipitation since March 1 29.65 inches
Deficiency since March 1 79 Inch
Deficiency for cor. period, 1902.... t. S3 Inches
Deficiency for cor. period, 1901 20 Inch
Reports from Stations at T P. M.
. H1
a
"3E
"i .
: e
; 3
:
: S
4
c
: 3
CONDITION OF THE
v WEATHER.
Omaha, clear
Valentine, clear
North I'latte, clear
Cheyenne cloudy
Pali Lake City, clear....
Rapid City, clear
Huron, clear
Willlston. clear
r'hlcngo, cloudy
St. Louis, clesr
St. Paul, clear
Davenport, cloudy
Kansas Cltv. clear......
251
1ft
32
34 1
S4I
28
14!
' 6i
101
2HI
HI
1
.00
.00
.00
.00
.00
.00
.00
.HO
T
T
.00
.00
.00
.11
.uu
.00
.lJ
2a
381
48
42
34
22
"I
121
281
W
181
3uj
201
301
30
601
2
i Havre, clear
in
I Helena, cloudy
Kismarck, clear
( Galveston, clear
481
T Indicates trace ot precipitation.
L. A. VKf sn.
Local Forecsst Official.
Always the Samo
Good Old
ran
Tht Prlda of Ullwiukee
tand Postal Card tor Nsw Brochure
which tails why
PLATX BEER 18 RIGHT
BLITZ L1ALT-VI VINE
(NON-INTOXJOANT)
TONIC FOR THE WEAK
All Druggists or Direct
VAL. BUTZ BREWING CO.. Mllwaukct
OMAHA BRANCH.
1419 Doaarlaa St. Tol. tost.
LEGAL KOTICE.
STOCKHOLDERS' MEETLNQ.
Office of lee-Olasn-Andreesen Hardware
Company, Omaha. Neb., Dec. 1J, liw2. No
tice is hereby given to the stockholders of
the Lee-Olnss-Andreesen Hardware com
pany that ths annual meeting of the stock
holders of the company will ne held at the
offices of the said company, corner of Ninth
and Harney tireet. In the city of Omaha,
in the state nt Nebraska, on Tuesday, Jan
uary 12. A. D. I'!, rfl i o'clock p. m , for
the purpe of electing a board of direct
ors for the company to serve during ths
ensuing yet', and to transact such other
bualneo ss may ba presented at such meet
ing. II. J. LEE. President,
W. M. GLASS, Secretary.
tni tnot
V