Omaha daily bee. (Omaha [Neb.]) 187?-1922, March 07, 1903, Page 8, Image 8
8 THE OMATTA I)ATLT BEE: PATUKPAY, MAttCIl 7, 1003. CURRENT COUNCIL HOYT THROWS OUT OF COURT Motor Oomrany Wici on Account of ri'.ure to Brinj Action in Time. FATES SEEM TO FOLLOW HIS LITIGATION Henri UK ef Cnae to Tent Validity of Telephone I'Mirhln to tome lp ' Before Jodae Thornell ' ToJay The motor company won a decisive vic tory in the distrlrt court fn the $40,000 per tonM Injury damage ault brought against It by 8. K. Hoyt. former employe. Th-! company demurred to Hoyt's petition on the ground that It had not been filed wlthlu the time apeclfled by the atatute of Ilmlta ttooa, and Judge Thornell sustained the de murrer. This 'puts Hoyt'a case to all In tents and purposes out of court. Hoyt was Injured September 24. 1900. by a switch engine of the Omaha Brdlge -. Terminal Railway company colliding at vitth avenue and Fourth street with the .. ,,. , His ong- . car ol wnicc ne wss moionuau. Inal petition, filed September 23, 1H02, was I held by the court to be too broad and not , rj. --J-,- sufficiently specific as to the acts or tne founiv and Htate l.es-tala'loii t!. M. Harle defendant company cjmplalned of and J. K. F Mt-Gee. C. O, Saunders. F. C. motion on behalf of the defendant company I f"""- K- 1,rlce- Vr- v- Macrte, Jr- E. for a more speclnc -tateeut "Tne 'cutlve committee, which wa. r "r:P. I'r.Tn l'": I ee4 Wednesday night despite the vigor- IKIH I'll IIUIU raamiu . w. Ing the demurrer of the rotor company Judge Thornell held that tho amended pe tition was for all practical purposes a pew one and was barred. Hoyt also brought suit In the United States court, but was defeated there. A suit brought by him In connection with the. same, accident againat the Omaha Bridge Terminal company and the Illi nois Central railroad la bow pending In Mo. nona county. t , . The bearing .on the quo warranto por- ...Jlni.. kpAiiahf Viv Pnuntv Attnrnov TCI1I- pack against the, Nebraska Telephone com- pany, attacking the validity or tne com. i panys franchise la Council Bluffs, will bet har'' ; Krown.- lot h h?c 12.' w a v, ,. t-kii n.s I lo,s 5. to. 24. block Ji and All blok had today before Judge Thornell. Both 1!4 omahu'add; oht nw4 ne sw aides have waived a Jur and the case will I 34-75-44 and art rip on the s. w. d.... be tried to the court. County Attorney ,A Tumor, ndmlnletrator to Joseph . . v-.- I Mlchcner. w4 swA 14-75-41. a d lunpacg taass me posmon mat more r several points Involved In this .case' which f were not determined by the supreme court t. m, Tin,nn- .... Th telephone ompaOy; op. th pther haoil. cqnl tenda that lta charter cannot be Invalidated Id the face cf the ruling of the' supreme court and' that its occupation of the streets and alleys of this city cannot at this date be questioned Or" abrogated. ' This assignment of law and 'criminal cases waa made by Judge Thornell yester day: Mr.nday, March 9 Fogarty against Beeley, Real Estate and Trust Company against Alexander (apei-lal), State of lowa against Dobbms. i - Tuesday. March TO State of Iowa against Madsen. State of lowa against Sorensen et al.. State of Iowa against Corner.' Wednesday, March 11 8tate of lowa against Bryan, State of Jo-va against Thnmns Mate of Jotta raatnat Achat.' 1 lursaay, marcn iz t'ugn aitnina r-rot- i fkt et al.. Woodworth against Hyan nam against Chicago, Kock Island clfic Railway Coir'Jany.- Wick &' Friday, March 13 State Of Iowa against i Losler et al. - Monday. March 16 State of Iowa against Mason City & Fort Dodge Rallrortd .Com pany, State of Iowa against Mason City & Fort Dodge Railroad Company, In the mat ter of I he estate of Emma Holman, de ceased. Tuesday, March 17 Medlar against Lewis et al., final report of administrator In the Brown estate. The personal injury damage si-It of Wil liam Klisell against the Council Bluffs Coal and Ice company waa dismissed by the plaintiff yesterday. , ' Criminal cases pending tor some 1 time paat against , the following werr stricaen from tbo calendar yesterday by the -county attorney:. John Barritt, S. Sorenson, Harry Hamilton and W. C. Ross. The case against C. J. Peterson, charged with embezzlement, was continued. In the cace against John Achats,,- charged i by the , city, authorities with keeping a disorderly house, an. order was made that If not tried at the next term It will be dismissed.. Another case in which tha State of Iowa appears aaprosecutor Is pending against Achats. GAS COMPANY MAKES DENIAL Bays Company la Kot Only bat Anrloos to Have :ector Knmed, Wllllnr la- . . V.nnvee Frltrhman nf the Pltlxena' Cm. ..j n. ,,., .....j and Electric company stated yesterday aa far aa his company waa concerned It would not have the allgbtest objection to the city . ... i..nln, i .- hi. appointing a gas inspector.. In fast, bis company, Mr. Frltchman added, would be willing to pay the salary of such an, cm- c4al. Further. Mr. Frltchman- was em- phatlo In bis assertion that the gas Inspec tor, If such an official was created, would on Inveatlgatlor discover that eight out of every ten, gas meters In the city registered slower "than they ought to. In Mr. . Frltchman's opinion . the ;. com- plalnta of the patrons of the gaa- company , . . . . . are unwarranted both as to the quality rf gaa furnished and the monthly bills ren- Jane Wakc-fl Id Adams, a noted missionary, dered. When told that' the complaints hn '"dla for tjie last twenty were general and emanated from all parts ""'hJ'tT h ' , Jl,, , , . , , John lampoell, an invent patient,- who of the city. Manager Frltchman claimed escaped irom Bt. Bernard's hospital two that they were simply the result of the fact days ago, was brought buck' to the 'inetitu that people In general were luimlcal. to 1 .'."" la,t ynlnB from Oienwood by aherlff v ... . , i Moripin. Campuell had evidently walked corporations which ccntrolled publie ntlll- . lne entire uislance to Oienwood and when ties. He contended that the allegation that tountt war in a pitiable condition from ex- the company since the Installation of its new gaa apparatus waa forcing, an extra pressure through ita main so as to increase the registering of the meters was entirely without foundation and so absurd that, it hardly called for a contradiction. - Alderman McDonald, It .Is understood. -m i.trnrture aa ordinance at the next i N"onal bank of thla city, secured Judg wlll Introduce an ordnance at me next mt,nt ,gllnl,t j A i.atu,n, f,(rnier cashier meeting of the city counolt making the city, of the aitme banki 'for 13,000 fir srvllea electrician also city gss Iniptctor. Plumbing and heating. , plxby Son. ' Hr1l for Car Blenllaar. Charles Wcodmac. John Fahey, August Smith - and Jamea Spencer, charged with breaking Into a Rock Ialand freight car iu the local yarda and stealing a quantity ol miscellaneous goods, had their preliminary hearing befcre Justice Ouren yesterday. They each aet up an alibi and Woodmat waa discharged on the motion of Assistant vounty Aiioruwy riw. rmuvj umu . .A 1 1 - M k.N HEW THEATER I A. B. BE ALL, Mjr. Tonight-Prices 10-20-30C THS- KICXUAH-BESSY COKPAHY DIMOD MV9TKRY. LEWIS CUTLER ' MORTICIAN, tt Nirl a... Counotl Bluffs. Phone V NEWS OF IOWA. BLUFFS to the grand Jury and bla bond Axed.. at $1)00. Aa to Smith and Bpencer, Justice Ouren took their cases under advisement until today. NAMES BUILDING COMMITTEE lomsifrrlil lob to lae-estlatate the JCrertloa of Home for Itself. In accordance with the expressed wlrbes of the Commerclnl chub, at Its first annual meeting Wednesday night President Ren der has named th following as a building committee: Lewis Hammer, Herman Lr-f-fert, N. P. Anderson, L. C. Besloy, Chris fitraub. Frank E. Evareat and Robert K. O'Hanley. The appointment of tbia committee necessitated one or more, changes In the makeup of the other standing committees. The members of the committees In which some changes are made are now as follow: Transportation E. H. Merrlam, H. I. Forsyth. E. A. Wlikhnm, I. Lnvett. C. II. ChlKam, I.ucIim Wells. 8. B. Wadsworth. Trade Ex tension Oeorge 8. Davis. John O Woodward. W. A ' Maurer, Wllll.im Moore, John Schoentgen. H. D. Harle, I. C. H mham. Rnllroart' Extension J. Pi Drtvl. F. H. Doollttle, Dell J. clnrk. Cal Hufer, y,., c w. Brelpford, J. W. Squli F. a. ,.lret..t c. W. Rre sfortl. J. W. Sou re Membership J. It Cleaver. I. Zurmueh- ous protest 'of Attorney Flnley Burke, who objected to three mfen connected with, the I wholesale-Implement. trade of the city being represented on it, has again selected H- II Vanfcrunt for Its chairman -,arid C. W. Mc Donald as Its secretary. Qravel roofing.' A. H. Read, 12C Main St Real Estate Transfers. . 'These transfers wer filed yesterday In the abstract, title and 'loan office of J. W. Bquire, nil l ean streei : ,, . , i Clyde Keller, nnd wife , fn, Rebecra ' ( Cf,pr"ljLr V,," f-T'wi Keller,. se4 tiw'i K-T4-3H. w. d. ....... .1 3, William U. Bhrlvor and wife to MK-hcner,. w4j sw4 14-75-41,' a d fl r. Sha ver to 3oseDh Michener. same, w: d 4. SOI Hfinou ana wire io jonn a.. . IMurchlson. w(4 ?w 9-74-M. w. A.... 4,800 Frapk Pace, to. Mrs. E. Rainbow, ne t cirner iot ',, Auditors i SUbjlV. OUtr lor 2, Carson, w. d... Total, six .transfers ' I Davis sella drugs. "5 Expert watch repairing. 'Leftert, 40fr B'y. Six photos 10 cents.,' Carveth. SOS B'way. For rent, .modern house. 719 Sixth .avenue. M. F. Rohrer la visiting in Ch)lllcothe. Mo. . , . . , . , -...; o. P. Tjfler'of 'Audubon, la' waa'ln'the city yesterday, vleltlng friends. - . Dn B. McDerrrlott of Chicago .' is' in the city on a ahort visit to relatives. . - Pyrography supplies." , Cl E. Alexander tc Co., S3 Broadway. . - : lift - - - , Waated sevrsr-ool bo-vs Corpora and ck I root routea on The Kee, - Appiyat omce, Pal!Vo. 10 Pearl afreet ' .' -Jt - ; -' fT- . I . wiore papering; your rooms we want to show you our elegant J9J3 designs Paint. Oil & Glass Co! ' . B. Rev. Harvey Hcstetter. of the- Second Presbyterian church-will nonduct .services Sunday afternoon at I o'clock in the Edge wood church.. , - - ,i Edward D. "Fitch addressed the pupils of the high school yeeterday morning on the subjtct of "Some Dramatic Phases ol Me diaeval History." , . At a-meeting yesterday afternoon of the Council Bluffs High school base ball team Grove Smith was elected captain and Ray Beardsley business manager. K. J. Young, exalted ruler of -the Atlantic, la., lodge, of Elka,.gnd James Harris of the same lodge were guests of Council . Bluff s members of.thedrder yesterday ' CoiiKros iman (Walter 1. Smith is expected home, from Washington .Monday or Tues day next. He will be accompanied by his private secretary, Robert Henderson. Schmidt's elegant new photos. Very latest shapes and sizes, $1.60, i and $!.60 dozen; large sizes, $3 and $3.60- dozen. First-class Work guaranteed. Bchmldt, 531 Broadway. Mr. and Mre Jsmea Miles, who we're recently married In this city, left yester day for Wenaichee. Wash., where Mr. Miles .in engage . in, the cttl business. Mrs. Miles was Miss Hewitt of Elgin. Neb. The Ganymede Wheel club will celebrste Its tenth anniversary .Saturday evening, March 14. with a uraud reunion of .mem bers and ex-members. A feature of the celebration will be an old-time entertain ment, followed by a banquet. The Hlckman-Bessey. company - will wind up ita week's engagement at the New theater tonight by breaenting one of the strongest bllis In its repertoire. "Diamond MysUryJ". For the matinee this afternoon the piece la "A Shamrock from Ireland." The members of the llMrary societies of the hlgn (.hi0 have declde(, 0pdevote the proceeo resulting from the recent debute . with Bloux Vlty lor the Improvement and Ueautltying of the auditorium. The two sorie.tle wl nave about 1W w expenrt ,or j this purpose. ... . j The Pottawattamie County . Retail Liquor filers acsoctutlon has been organized with M. A. BJoom, of Walnut as president and Council Biuffs as thu headquarters of the organisation. The association Huf been formed for - combating a ill erne legislation. It Is said to have a membership of thirty elaht. . J The Junior Endeavor society-of the First K'hrlstian church will nolo) it birthduv Kartv this atternoon at the .residence of. Mrs. l ' I, , ........ 4 c . 'i mint . . . k , . v i.wu.1,11 via ...in Birrri, in Honor o( ,he 74tn brtrKiay anniversary of Mix poaure and lack of food. IiocAtl attorneys Interested in the case ?.v,..I:"'!v,jJ .word..'rV.m st'. IjOUt" thif has-reversed .the vertlictv tiva suit of I lAiclua WeiiH ugainst J. A. Patton and r-maixlt-il It for vctrlul n the federal court of this city. This - In- the. suit In wh en Iiclua Wells, former president of the First rendered in reorganising the bank and dls poxing of the . if k of the oUl Council HiuTs Uaa and K.ectrlc Light company. Wills sued for $5,0uu. - . , r N. Y. Plumbing Cb Tel. 250, Night, F$7, o Te - r Farmer Maa I.nniy Jayr. POCAHONTAS, Ia. March . (Special.) That the disease frequently found among cattle and commonly koon aa lumpy jaw car be contracted by humans through Inoc- m.iton' 4 proved :.u , the. ase of Jh . Lampae. a farmer llvlna near here. LamDse ' . .... recently assisted In, giv operation to remove tae lumpy Jaw from a cow and some of the virus or poison from the diseaaed part lodged under his fingernails. In scratch ing bla face aome ef the virus got Into hi blood and aa a result Lampse la suffering with a bad race of the dread disease.- Ire Uarae Threatens Tevn. KEOKUK. Ia., March 6. (Special.) The I town cf Bonaparte la In Imminent danger. ' A congestioa of Ice above the .famous dial i threatens to cause aa overflow, submerging the lowlands. Meek Bros., owners of the dam. are doing everything Id their power te. prnt ha breaklagj. PyBesmls be lug used to break the Ice above the dam. MOVE MINE HEADQUARTERS Uni:n Dccidei 0-kalxna in Belt T Place for Them Than Albia QUIET -TIME AT OES MOINES PRIMARIES Jo dare Prenty ss Friends Relieved to Hove feptored the Port? Ma chinery Maklnar .Arranare . menta for State Voir. . (From a 8talf Correspondent.) DES MOINES, March . (Speolal.) The district ' jonvtnt Ion of the , Vnlted Mine Workers 4or Iowa' and Missouri this morn ing decided - upon removal of the district headquarters from Albla to Oskaloosa. This will cause the removal of both President Perry arid Secretary White from All-in, where they have lived In the past. 'The' convention also decided upon holding the convention next year and the joint con ference with the 'operators .In Dea Motne. Ottumwa and Oskaloosa also wanted tho convention, but Dea Moines won by a close vote. The convention put, In .the entire day today considering changes In the con stitution, principally affecting Balaries of officials and special funds. I , The resolution to affiliate with the State Federation of Labor was adopted without a dlosenting vote and the three delegates se lected to tho state convention which meets in Davenport next June are: Lawrence Love, Robert Cowan and Frank Cameron. The alternates selected were: Frank 1 Rice, James White and William Baker. Want Miners All In. The resolutions committee made Its Anal report Introducing two resolutions. Tha first waa that, the association make an effort to bring, the mines of Webster ciunty, now grown to extensive proportions, under the state laws- for the protection of the lives of the miners. The convention decided unanimously to adopt It. The other resolu tion, which waa referred to the convention without recommendation, was that no United Mine Worker should furnish coal to a brickyard or other factory that ro- fuses to recognize union labor. In the dis- cussion it was orougnt out mat tne mat- ter -could not be definitely fixed without the' co-onernttnn of the nneratora and it r was therefore referred to the scale com i .-' f ml'.tee with the hope that they may so - 'cure such an agreement from the operators. 1 ,: The discussion that was called forth showed 4.400 clearly that the sentiment of the conven tion was for the resolution. The resolution to establish co-operative stores was also adopted with the require ment that no miner own more than ten sharea at $10 a share. .. Polk County Primary Electloa. The republican primary election for Polk county was held today. There waa to be a full' ticket' selected. The name of A. B. Cummins. Was placed on the. ticket at his request se that the action of the voters today Is -an indorsement of him and his administration and an Instruction , to the delegation to vote for him at tho state convention. There wea no contest for legis lative' positions, the senator and two mem bers being renominated without opposition. There were contests on the other offices,, but chiefly on sheriff and judge. The elec tion Was quiet and had none of the fea tures of, violence which Characterized tha election-of-a year ago, when the 'congres sional nomination waa at stake. The con vention will be held one week later. There was, much . rivalry over the contest for plAces on . the county committee,' with a view to affecting the results' of next year, when the -congressional fight will be gone over again. It la believed that generally the friends of Judge Prouty have gained over the Hiill forces and will control the county committee. I '' --' Increase at Mote Hospitals. . Reports from the state Institutions re ceived at the office of the State Board of Control show a material gain In population at most of the placea during the i month of-February. There was a, cet gain of twenty-nine Insane at the. tour bospl'ala and a net gain of thirty-seven Inebriate at the three dipsomania hospltali. There was at the beginning of the present tnonth a total of 3,310 Insane, of which 1,835 were males and 1,455 were females. ' There are 231 inebriates, of which only tight are fe males. At 'the Glen wood InstitUtJoii for Feeble Minded there are 078, a gain, of three; at the boys' reform school a total of 512, a gain of four; at the girls' Indus trial school 210, a gain of tlx, and at the Fort Madison penitentiary IT4, a gain of alxteen. The report of the'Anamosa prison school is to the effect tha,t the attendants is generally good, but last, tnonth It be. camo necessary to report two for failing to attend recitations regularly. The truancy officer was notified. There were 147 males enrolled in the prison school and twenty four females. , i '. : v . . Iowa Panda foe Scandinavians. The Iowa conmlSalon for the solicitation of funda for the benefit of tho sufterers ty the famine In the northern Countries ,o Europe expects to raise a tund of at least $IOJ,000 from Iowa to - be forwarded to Europe.'- There are over 100,009 Scandi navians in Iowa and the commission haa planned for systematic work among them. The commission held a meeting last even ing and will hold another tomorrow to lay plans for he work. Treasurer Erlcson of Boone has already forwarded over $800 tp the .relief fund committee and contribu tions are coming In in a very satisfactory manner. Street f are Into Fair Grounds. - The executive committee of the agri cultural department thla morning closed a contract with the Dea Moines City Rail way company for the entrance of the street i railway linea Into the state The car line will be differ iair grounds. different from the temporary track laid into the grounds last year and will run to a loop near the pa lllon and It will all be fenced off. K handsome depot 40x120 feet in size is to he built and- the arrangementa' will be that tickets for the fair may be got In the depot and street car fares will be paid before the passengers 'get. to the platform.. It will, therefore, be Impossible to overload tho cara or crowd In front of them. The contract waa closed this afternoeu by the atate fair management and the rep resentatives of the Palu company for the presentation during the state fair In August njxt cf the "Ancient Rome" spectacle in a manner much like the "Last Days of Pompeii" haa been presented. The agree ment Is the compsny will use 100 persons. It will be given in the racing grounds be fore the great amphitheater for four nights, beginning Monday night Of the fair week. The aame company puts on an afternoon at traction each day at the nmr place. ' linnlai wires irons rloriua, ( Governor Cummins ia .at Daytona, FJa., and he - telegraphed hla private secretary to that effect today. He did not state when he would reach home, but ia eapectea back some, time next week.' Governor Cummins ha been asked w'th regard to hfs position toward a coniem plated conference on the "race queetlen," to be held at Atlanta, Oa. This haa been proposed by a resolution before the Wis consin legislature requesting the governor of that state to call a cenfereac of thai nature. Oovernor Cumralnn Is now In lbs south, where h may be able; to get a closer view of ftc iste. qustlon' than th legislators of Wlscunslu, bat It Is regarded as improbable that ha will send delegatcu to any1 such oenference or give U any coun tenance.' V t 'orMrat ton Dlaaot. t An unusual notice was that received at the offlee ef th secretary of state today, bvlng a aotlce of the tlfOlutlon of a' cor poration.' The tlclderbctk'-Mlller company Cf Davenport gave formal notice of tho end. Ing of Its' corporate 'existence. The Iowa laws provide for a reeord of the terrains tion ef tbo existence' of corporations, but thouwanda of 'them. lie. and. do "knowledge of the fact Is ever properly transmitted to tie state authorities. There la no penalty for failure to report and the only reason men should report la that It would relieve them aa stockholders from liabilities which mlgnt be Incurred. The art1cle of incorporation bf the Outh. rle fentcr Electric Light company, capital $ir,000, wore Bled with "the secretary of stat , by John W. Foster and others Guthrie caunty. of - tolteh Prtflon File. ONAWA; la., March .4-(Spenlal tele-gram.)--The petition for the extension of the Woodbury-Monona ditch through1 Mon ona county was presented and filed with the county ' auditor today. There are 230 names on the petition, ;' which, includes many land owr.ers and prominent citizens. A born) to pay all costs .and expenses In caso the ditch should not be established by the board Is also filed, In th sum of $1,500. The dUch will be made through Ashton, Bclvtdere, Kennebec, Sioux, Frank lin and Sherman' townships and Is thought to be one of the most. Important measures ever contemplated In the county and a great public welfare will be 'promoted by the ditching end draining of the. land. The work will be done under; 'the provisions of chapter 2 title x, of the code of 1897, and the amendatory provisions hereto.' ' The pet tl Ion III be acted, upon at r the April meeting of the board and treat Interest la felt--in 'their action. . '. ' ' ' .' Rnea Hoasemovers. - , ONAWA, la., '.March e.tSpeclal Tele gram.) A. J. Patrick,' an engineer oxi the Chicago ft Northwestern, filed ault in Mon ona '.county district' court '.today, against David Butcher and" Jesse Ropes, clalmU.g $5,000 damages for injuries caused by de fendant moving a house onto the- tracks of -tho' Northwestern line whereby plaintiff Jumped to avoid a collision and Buffered a broken arm. ' ; . Monlelpnl Lratii Heetist, WATERLOO, Ia March 6. (Special.) Mayor Martin has announced October 14 and l? as the dates for the meeting of the lowa League' of Municipalities, which con venes in this city this. year. It Is esti mated that 300 mayors and aldermen will be present. A banquet will be served In the Dry Run sewer if it Is dry. OPEN TEXAS PACKING PLANTS Capitalist of Chlcaaro Start. New Ventnre at Fort ' Worth. FORT WORTH. Tex.. March 6. The formal opening of two packing houses, fos tered by Chicago'capltaliats..' took place here today with. 10,000 people In attend ance. A partr of prominent eChlcagoans were among the spectators. They left to night for El Paso. ' The program planned by the Board of Trade tor the format opening was carried out,- M.. Sandera-rot New' Orleans, presi dent of. the Progressive i uplon, being the principal speaker.- Others who apoke were Colonel W. E.- Sklng'er, who was for many years general manager of the Forth Worth Slock-Yards compaay, " and Colonel Henry C. Holloway,; who built the' original yards here. The- speakers dwelt prlacipaJly upon the advantages of Fort Worth aa a packing house center. end. were liberally applauded. BLIND ' TIGERS ARE. HARD HIT Freight , chararea J ' ) Prepaid. ' Are ...LOUISVILLE, Ky.,. March,. The Courier-Journal tomorrow' , will say: Whisky dealers who ship gooda to Kenans are faoed with a proposition iu the shape-of an order Issued-by all, railroad lines In that, atate which, will .probably.; havie the effect of de pressing trade to a considerable extent.. .'.The. order ' requires . the . prepayment of freight 'with the guarantee of return If not delivered' .in ten days, and prohibits the practice, of consigning ahlpments( to ficti tious individuals or firms. i Kansas Is a prohibition atate and this or der comos at the re.uJt of a atate law which aims to cut off the source of supply of the "blind tigers" aa far aa possible. It la be lieved the order will have the effect of stopping all shipments of liquor on con signment. ;....-.', 1 ; NICHOLS TON COLUMBIA Famona fhyslc-lst Resigns Professor akin at Dartmanth te Join-Sew 'J . York Inlversltr.' HANOVER, N. Hi. Maroh' 6. Prof. Ernest Fox Nichols hej resigned the Wilder pro fessorship of phytic in Dartmouth college to go to Columbia unverdty. ' Prcf. Nichols la a member of the Physi cal Society of America, the ' Astronomical and Astro-Physical Society of America and Is assistant editor ut the Astro-Physical Journal. INJUNCTION JUDGE DENOUNCED Miners'. Orator Claims Adams Would , Reuire Workiatraten te . ..Slavery. PADL'CAH, Ky., March . At the west ern Kentuck district; miners' convention to day W. F. Farley of Birmingham, Ala-, de nounced Judge Adams ' of St.' Louis for granting an Injunction to prevent the Wa bash employes striking. , He sate It Judge Adams was within the law American working men were In a worse condition of slavery than the negroes before the civil war., SHAVE SLAYS MILLIONAIRE geratrbea Week, Contracts Errslnllls. Oeea to Hospital aad Thenee ta firnve. DENVER. Msrch --rJames Stettaner. a prominent clubman and financier of Chi cago, died at Mercy hospital in this city of blood poisoning, resulting from a scratch lpMcted when (having- The Injury waa re ceived a week ago. ; A day or so later ery- alpalla aet It. Mr. Stettaner left fortune estimated at $5,000 000.. HYMENEAL." fireneryUoln. BEATRICE. Neb.. March .--( Special-) Mr. Robert Gregory and Miss Nellie Goln, well known and highly respected resident of Liberty, this enuaty, were married In tble city yeatsrda). Count Judge Bourne officiating. STRIKE SHUTS WORKS DOWN Gian Disonte Lkilj ti Vastly Increasa Prices Thranghotit Country oasaaaaaaaaaaaw - ' RUINOUS RATE WAR . IS ALTERNATIVE Traat Takes Plrat Action by Closing and Also Talks of aelllaat rheaw When Machines Are I -, atnlleri. PITTSBURG. March 6 Concf rnlng the failure of the window glass combine and Jobbers tc reach an agreement at the recent meeting at Columbus, the National tMass Budget tomorrow will say: "All agreements between manufacturers and Jobbers are now off and an open mar ket, with much lower prices, will be the next thing la order In the window glass Industry. Tbt this will result In cllmlnat Ing all profits from the business Is a dead certainty and-those who continue to oper ate their plants are certain to do so out of the profits accruing up to the present time. "Regardless of what others may do. It is the Intention of the Amerlean Window Glass company to put the fires out of til except their machine-equipped plant at an early date, probably on March J4, and here after paddle their own canoe. 'The machines will be Introduced at their various factories as rapidly as pcss'bla and it la ex p. i ted that when the time for starting factories In the fall arrives this company will have several machine equipped plants In blast, making glass from 40 to E0 per cent cheaper than it Is possible to make It by the old method." Trust Shots Down. Lat tcnlght the American Window Glass company Issued a formal notice that on March 14 all its factories will close for the season,' Irrespective of what other com panies may do.. The moment that tho fac tories are closed a large force of men will be put to work to equip them with the new glafs blowing machines. It Is said all tho factories of the com pany will be equipped with the new ma chines, which will do the work of the skilled laborer and remove from the glass factories the highest priced skilled labor known In the country. It will give tho company glass production at less than one third of the price under hand labor. The action of the American Window Glass company In closing Its factories and Install ing Its machines Is said to be Its answer to the Independents, who have refused to come to any agreement concerning uniform closing of plants this spring. To make more emphatic the statements of the big corporation It was stated that a charter had been applied for under the laws of New "ioirk for the Incorporation of tho American Window -Glass Machine company, which la to have a capital of $20,000,000, all of which is to be directed by officers of the glass company and which will own all the patenta that now exist and manufacture all the machines for making window glass. All former lists have been withdrawn by the 'American company and It is believed a cut In rates will be made. . . Sltaatloa la Serlons. . PHILADELPHIA, March 6. The Public Ledger today says: Never In the history of the window glass industry In this coun try, it la said, have manufacturers and Job bers been confronted with such a serious situation aa at present. If the plan of a number of leading pro ducers to close down their factories tem porarily f are, successful. It Is said, higher price are assured, while If It tails it is predicted here that the most ruinous price war which haa ever been Inaugurated will be a certainty. "There ia only one safe way out of thf difficulty," said a leading local Jobber, "and thit Is by closing the factories. If a sus pension' of operatlona takes place a better demand) for glass will naturally follow and all are assured profitable, prices on their present - holdings - and the output of the factories between now and a time when a shutdown Is decided upon by a majority of producers. "If, however, a sufficient number of man ufacturer persist In working their fac tories, prices are sure to be cut so deep that every box of glass made during the coming season will have to be sold at a loas. In the event of the factoriea falling to go out of blast; a cut of 40 per cent, would not surprise us and those familiar with the business, the cost of material and high wagea know what It means." It has been estimated by those In a posi tion to know that there are now In the hands of manufacturer about S,000,00 boxea of glass, one-half of which Is In the warehouse of the American Window Qlu company. ROOSEVELT PROMISES Y. M. C. A Will Attend . International Conven tion of Railway Branch at Topekau TOPEKA, Kan., March 6. Prealdent Roosevelt will attend the International con vention of the Railway Young Men' Chris tian association, which meets In Topeka from April $0 to May 3.- He. haa not de cided the dale of hla visit. An effort will be ' made to have him lay the cornerstone of the new Railway Young Men'a Christian association building, the money for which was largely furnished by President Ripley of the Ssnta Fe. Misa Helen Gould of New York and other well known people will attend the con ference. Delegatea will be presen from all parts of the world. NEW CURE , FOR PNEUMONIA It Was Discovered by aa Indian While Attending; a Mirk Maa in , the Woods. Earnest South worth and Jamea Rice, prospectors for Bangor landowners, have Just had a series of misadventures in the forests beyond Lobster lake, reports the i New York Sun. , Their 111 luck came to a I head when, after being caught in a severe snowstorm, they reached an abandoned camp. There Rice fell ill with a cold,' which developed symptoms of pieumoula. His companion, believing that he would die unleaa help came at once, aet out for the nearest lumber camp, leaving a note torn from hia survey book to tell where . he hsd gone. Three daya later, when Southworth re turned with - a horse and sled to remove the aick man, he found Rice able to sit up. RAIN THE PURE . GRAIN COFFEE G n The coffee habit Is quickly over com) by those who let Grain-O taVe it place. ,lt property madj it tastes like the bet of coffee. , I'o gra n coffee compare with it ia flavor or health fulness. THY IT TO-DAY. ' At gracen asesjnaais ltc. aad Me. par package, t Rice said he owed his life to some medi cine, Thlch Sotithworth hsd left for him. and which the Indlsn hsd administered talfifully. ' Hul I in greatly worried about you," said llice, "because you left no word about yntir going away, and I hsd begun to think you had deserted me to let me die In camp with this Indian. "Snrkalexls,' said Snuthworlh In his sternest toue, "what did you do with tbst paper I gave you and told yo I to hand to Mr. R-e as soon as he came to himself and was able to read?" The Indian scrstched his head as If struggling with a new Idea. In the end I he grasped the meaning of the question and replied: "lleem papier? Oh, out! Ah'm bin know w'at you bin mean. Ah'm bin tear ic papier, oop an' geev heem to se seek mans ei xe medlolne w'at you bin tole ter geev. Eet mak' heem geet well pretty kverk. heem all good now. Ze papier medi cine, heem do eet." Instead of giving the note to Rice to read, the Indian bad .torn It to bits and ad ministered It as medicine, (hua adding a new remedy for pneumonia to the American pharmacopoeia. , POINTED PARAGRAPHS Call a man a donkey and tt'a up to him to kick. Ambition makes men want to do things they can't. . It Is easier to talk like a fool than It la not to be one. Men are seldom thankful when they get what they deserve. Some women aeem to think their husbands are made of gold dust. Some men find It easier to raise whiskers lhan the price of a shave. The man who pays out a lot of good money for so-called fame is apt to diacover later that he has a gold brick on his hands. , ch'.eago News. rlrnkn State t nlverslty Sotea. Prof. A. L. Haecker of the department of dairy husbandry did special Institute work at Manhattan, Kan., this week. The Palladia!) casket ball team won the Int- r-soclety championship by defeating the I'nlons Friday evening by a score of 28 to 7. Director Wlllard Kt.nball of the uni versity irhnol of music left Thursday for Chicago on buKinesv. He will be absent several days. The first of a series of Inter-class basket ball grimes to decide the class cnampinnshlp will lie played Saturday evening In the armory, when the Juniors and sophomores will meet. Principal H. F. Wolf of the Lincoln High school addressed the PedagoKlcal club of the university Thursday evening on "Per sonal Characteristics That Influence the Kmployment of Teachers." Prof. A. E. Davlsson. head of the agri cultural school, gave a banquet Thursday nvfiiing Ht his home, Twenty-aeventh and Q streets, to the boys taking the short term coune, which closed Friday. The eophomore-freshman debate-will oc cur Saturday evinlng, March 21. Question, "Resolved. That the public should refuse to countenance labor unions when they refuse to work with non-union men." The fresh men have the affirmative. The girls' basket ball team of the uni versity will play the Haskell Indian girls In the university armory Friday evening. March 13. The second university team will meet the Kansas university girls the BLme evening. The admission will be 06 cents. Dr. E. I Corthell gave a confidential talk to the engineering students of the uni versity Friday morning In mechanic arts hall. He portrayed the ups and downa of the profession and drew from his own ex perience many lessons of infinite value to the young engineer. , - Next Saturday afternoon the university girls' basket ball teum will play an alumnae team. It wtii be mainly a practice game for the university in preparation for the notable match with the Haskell Indian girls. The game will be open to university girls only. . . . The university basket ball team left for Minneapolis Thursday afternoon. They will meet the Agricultural college of Minnesota Friday night and the I'nlverslty of Mlnne. sota Saturday night. The following men are in the party: Captain Hewitt. Elliot, Hlltner, Benedict, Hoar and Ferguson. They will return Sunday night. . The Nebraska State Engineering society. which -has been Inactive for the last five years, was reorganized Thursday afternoon and the following . offlcera were elected: City Engineer A. Rosewater of Omaha, president; Prof.- C. R. Richards of the me chanical engineering department of the uni versity, vice prealdent: Prof. Q. R. Chat burn of the civil engineering department of the university, secretary, and treasurer. Twenty leading engineers of the atate were present at the meeting. The chapel waa packed Friday morning by those desiring to hear the university band concert. The band has recently been reorganized, with many old players hack In their places. The audience gave the boys an enthusiastic reception and each number was loudly applauded. Following was tho program: Excerpt from "Mikado." Sulli van: waltz, "Calanthe," Holtzman; "The Ambuscade," Sourendean; march. "Old Vet erans.'' air by Reeves. This la the first appearance of the band since last fall, but In future these concerts will be a regular feature. . Gold Medal At Pan-American Exposition. t Unlike Any Other ! The full flavor, the delloloue qual ity, the nbeolute Purity, of Low. ney'e Breakfast Coej distinguish It from all other ' No "treatment" with alkallea; no Adulteration with flour, starch or groi-nd cocoa sheila: nothing bat the .nutritive and digestible product of the choicest Cocoa Bean Ask Your Dealer for Et. W. A. COOK, torv to JCPU EVERYTHING STRICTLY PRIVATE AND CONFIDENTIAL Maa tar Specialist bn Private Dlseaaea ef Men. When the Grand Climacteric Period of a Woman's Life Arrives Paine's Celery Compound Takes Her 5(ely Into After-Uf Free From the Ailments and Dangers Common to Her Sex. Change of life, which usually comes on between the age of 10 and M. la to thou sand of women a time of serious consti tutional disturbances. The danger time '. made known by Irregularities, stomach do- rangments, headache, nervousness, pain !n -ark and hips, limbs and abdomeu frc MRS. NELLIE TAYLOR. Of Solon. Ohio. Who Has Been Restored to Health by Paine's Ceiery Compound. quently swell, piles do their annoying work, there Is vertigo, palpitation of the heart and debility. When any of these warning symptoms are experienced, the use of Paine's Celery Compound will do wonders for anxious and suffering women. Paine's Celery Compound used regularly for a few weeks will build up nerve force and physical strength, tone digestion, keep the kidneys and liver in working condition, will banish gloomy fears and give sweet sleep.. It tins saved thousands of women from terrible sufferings and death. Miss Annie Pasold of De Witt, Iowa, tells how Paine's Cilery Compound made her mother well and strong. She ays: "My mother was taken very sick by ap proaching change of life and waa confined to her bed for seven weeks. Wo employed the best doctor, but his efforts were of little avail. She could not keep' anything on her stomach, could not sleep and she wasted to a shadow. We procured a bottle of Paine's Celery Compound for her. Its use gave grand and wondrous results. She soon slept well at night, got stronger and her appetite returned.- She Is now well and strong and does her work with pleasure. She would not be without Paine's Celery Compound for any consideration." Failure In life is more often due toexhsusted nerve force than to lack of ccpitnl. Strong nerves are the capital that helps men conquer conditions, . .j When people lose their capital they set to work to regain it. When we lose our nerve force we ought to seek a menus of getting it back. There is a way, certain aud scientific feed the nerves, making them ateady and strong ss steel We do not believe they can fall to cure Nervous Delrility and phviical ex haustion: that's why tveagrre'to refund your money if aix boxes do not cure you. II 00 per box; boxes 1100, mailed securely sealed upon receipt of price. Hook free. at s For sale by Kuhn & Co., Omaha,' Dillon's Drug Store, South Omaha. 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If troubled with VARICOCELE, IMPOTENCY, BLOOD POISON OR REFLEX DISORDERS It will pay you to conault ua at office or by letter. CONSULTATION FREE, and If you take treatment chariM will be entirely aatlafae-, Cook Medical Company 112 ftouth Uth 8t, Over Deily Newt timths. - -J" .' a a a e a e a e t e.se M