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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 8, 1903)
THE OMAHA DAILY HUB; WEDNESDAY, APRIL 8, 1003.
We close Ssturdara
All te thin summer fabric. made up In the most. fashionable shapes of dress
aklrta from $T.E0 to $30.00. '
LA DIES' BHIRT WAIST9-In white chl na silks, black china silks, taffeta silks
crepe de chine, linen walets. lawn wa lata, damask waists, vesting wlata-la
fart, no choice style or material but will be , found In our handsome collection
prices f-om 1.60 to $7.50.
NEW 'HOUSE GARMENTS In klmonas, loose and tight fitting rPP"'- beauti
ful summery effeeta prlcea from $1.00 to $6.00.
PETtlCOATS In black brllllantlne, beautifully made, at $300 and $4.50.
PETTICOATS In mercerised cotton, at $1.00, $1.25, $1.B0 up to $4.50. '.
rETTICOATS In wash materials, at $ 100. $1.50 and $1.75.
"Y; M C. A. Building, Corner
thla pending action. South. Otflanans-. are
serclsed Vtr the aBftlr,Ss aliso aWStune
persons who-rsBlde It Omabev fhe gov
ernor need not pine fbrarfslstaoce or sug
geatloas aa to whom to select, for many
there be who are ready to tender their wr
vlcef.'both as advisors and members; How
ever, the' gerernor has decldod totaVe some
time In' Consideration of tblaMmpdrtant
matter. He will not name the board for
aome days; ; to Say the very least.- II. R.
1M, the Jrtll ' vesting ' In the coming board
this power, did tiot pass with tbs emer
gency elanae, so It will oat became s Beet We
for-three months..-- '-
k Message from Governor. .
Governor Mickey-transmitted to th 'ken
ate and house this afternoon this message
gainst' msr-passage. oi b. in, me oiu
providing for. a constitutional convention:
' To the Honorable Speaker and Members
of, the. House: S. F. 114, a bill for a Joint
resolution recommending to the -electors of
the state .to vote at the next election of
membera of the legislature for or against
a convention, to revise, amend or change the
constitution of .the state of Nebraska, In
accordance with section J, article xv of the
constitution of the state of Nebraska, has
urru Jinuw 111 llljr ilMlua ivi vacvuww vwia-
, alteration. -
Borne doubt has been expressed as to the
right of the chief executive to pass upon a
resolution of this purport, but section 16 of
Article v of the constitution provides that:
."Every bill passed by the legislature,- be
fore It becomes a law and every order, reso
lution or vote to Which the concurrence of
pom nuuRll Tnny lie nrcesBBiy icjvli uii
questions of adjournment) shall be presented
to the governor. If he approve he shall
" sign it, and thereupon It shall become a
law, but If he do not approve, he shall
nttiipn It. with his fibleatlnna. to. the housa
tn which It shall have originated.
Appreciating the comprehensiveness 'of
U , ..Kill ' rrtar ' ' " fll 1 1 -
im ICI IIIO M.ru. u,,,, v.m. ., ...... '
tlon m --eiite, t Mome thai t titer ttn ta"
. submitted to pie for official action . with a
the legal effect of Its passage by the two
houses compoHlvg'-the fi-glHlaure. acting tne
dependent and'mwrt frmn , the executive:
.branch of the :dverttnenf,,. upon a matter,
eo Important and . vital to -the welfare, and
' good government xK. the state. .
, It Is also borne in mind that on a pre
vious occasion, by favor or courtesy, If not
of rltiht, S. K. 117, being a.' Joint resolution
memorialising tha connress of the Lnlted
'.States upon the subject of leasing of pub
' ltd lands for gracing purposes and a ' ',
being a concurrent resolution memorialising
congress to establish the true military
status of tha First Nebrnska militia, were
'Bent to me for and received approval, pre
sumably at the request of the legislature.
' Fully realizing, therefore, that there may
.be Soma question as tq the right of the
chief executive In any manner to advise
upon the mibjeot and with the greatest re
aped for the .prerogatives of the legislature
.as a co-ordinate branch .of the government
ot this safe, T a least venture the follow
ing suggestion by-way of-my disapproval
as chtefv exeeutlvo; -of the action o( both
houses-InwBklcg concurrent resqlutlo 114.
... Uhlteliasi ..of. tiovernor.
v'By'fe'ason'pfthe great' importance of the
-undertaking an the great expense; Incident
to a constitutional convention, the legisla
ture should niove vTy cautiously In tak
ing action along this line. A constitutional
convention would entail an approximate ex
pense on the taxpayer of $lou,WU, possibly
much more, without any certainty of the
-results of St'(ch convention being adopted.
It would be Just aa dlffliult to carry at the
polls a proposition authorizing the calling,
of a constitutional convention as 1 would
be to csrry an amendment to the consti
tution. The difficulties In the way of either
proposition are 'serious and those who op
pose - constitutional amendments on the
ground that experience has . shown they
cannot be carried are estopped from argu
ing a constitutional convention aa a aurer
and easier meana of relief. Again, It would
be impoaslblo to secure results through tha
medium of a constitutional convention be
fore liH. even If evfry plan should be con
summated In the mwt expeditious way
possible. Rtlief could be afforded by means
of constitutional amendmenta In 1H04, two
years earllr. ' '
It Is adntuted that tne constitution la In
adequate In a number of partlculara and I
have consistently advocated revision by
amendments rather than by convention. To
undertake at this time to revise the whole
organic ,r of the state, or to place the
Whol. organic law In Jeopardy, as would
be the case should a constitutional conven
tion be called, would Interfere with in
vestmenta, Improvements, developments
nd with busluesa senerally. The consti
tution is the bulwark of Justice and safe
guard ef-our Civil rights. It shelters life.
Ilbortv and property- It la a aafety valve
to public ntlmnt and holds In .proper
bounds every instrument and institution of
ppclely. liefore It laws must stand or fall,
nd hvvlt I he rlghta of all the people are
meaiuirfd, ctinsrvtd and protected. A new
constitution would require new construc
tions and new constructions would require
many years of expensive litigation before
the courts will have as fully construed the
pew as they have tha old. The matter of
expense, the matter of dclav. he danger
of unsettling business Interests and condi
tions and the poshlbillty of Jeopardiclug
r.iany provisions of our organic law which
might not to be brought In question prompt
roe to withhold my approval from this
Joint resolution.. In lieu thereof I would
most respectfully ask, the house to recon
slder tha bills proposing constitutional
lUr.endinenta, which by prior action It haa
' - IOftarUs-4 ai Atteokpt at ' Veto.
The governor' -action Is generally re
garded. In the house as nothing short ot.an
"a'ttt mpt ''. veto. Aa It ia open -question
whether -the rhtet .executive has The
rlghv'le veto Joint resolutions ot this char
The result o years of
Doc riot cake or fill up interstice!
C1ct well i poli,.hc , ,
at I p. m.
Bee, April 7. 1903
Made Dress Skirts
. Garments bought from Thomp
son, Belden & Co., are never disap
pointing.. Our styles are always
new, our fabrics are always the
best, our fitting is not done in any
haphazard way, but is given the
greatest of care by experienced
Sixteenth and Douglas St
acter, prominent attorneys In th legisla
ture tak the view that the proposed, reso
lution for. the constitutional , .convention
will be-ubmltted to a vol of Jhe people
notwithstanding the. ctlori Not , the gov
ernor. Ai the governat polftta: out In his
measage, the- const ltutloa apchia- .Xo cwte
upon him. tb.e.sama rrghtoi-veto feseltx
tton as bill jtnd a he pot'nUi' .oati Wo twft
other s'uch meaBufeg.were aubmlt.rtd.td.him
at this sBlo"and h Vote W botu ,th
ont nv distnrhanc. or dJasottefAotlon be
ing raised. fbes T ) -Joint resolu
tions peUtlonIng congresB-agwnsi me pass
age of the Dietrich' land leasing- bill and
for the deflnlt'lon ot the" status r fli First
Nebraska "in Ilitla.
In the Judgment of suoh lawyers as Rep
reBehtaUye'lioomlB from Dodge county, the
governor la within his righti when he
vetoes this resolution.' Mr.' Lotjrals say
the constitution or statutes contain no
abridgement of this power. He eaya there
Is an old dictum by. Judge Maxwell which
oe challenge this power and that upon
this Is based the opinion evidently that. the
governor la denied- this right.. But the
whole question Is regarded unsettled and
It Is believed that this experience, will be
the means of carrying It to the aupreme
court for definite settlement. Other mem
bers of the legislature hold that tha bu
preme court already, baa ruled, that the
governor cannot veto or approve, a Joint
resolution such as this and that the con
atltutlon forbids tt.
Hoaae Ikons Ftgbt.
About 4:80 p. m. tha governor'a' private
secretary appeared In the senate with the
message. After reading It there he pro
"needed at once to the house. ' In each place
greatest Interest --was , aroused. Members
arose from their seats and gathered In
thsctlg'n of, the bouse Where' the aecre
tary stood, llstenlnglnlently';to 'every word
of the ommuiUcgtlon. A lull; followed tbo
reading In the senate. : No comments were
passed and no action taken on the massage
It was disposed ot as unceremoniously as if
it had been a perfunctory, resolution by
some member. -. .:.'
In the houtie, however, things were dif
ferent. As soon as the message' was read
Gilbert of Douglas moved that the house
reconsider tha' vote of yesterday by which
tt passed 8. F. 114, the. bill providing for
the calling of constitutional convention
and Ten Eyck of DougW seconded1 the mo
tion- .) .vc.-;
Perry of Furnas Opened the fight to sus
tain the action-' of. the legislature as against
the chief executive,. He raised the point that
8. F, 114,; haying orjglnated in th-senate,
the house waj. not at llhert to ta action
until the 'senate, - which had po's's.esslhn of
the measure'' bad acted. 'Thompson of
Merrick took "the same view, and the
speaker sustained the point Gilbert took
the position, that, tbo, governor's message
waa not necessarily k veto. ' But the rul
ing obtained that it -was, and Gilbert's
motion ws-tabled on motion from Sears
of Burt that action by the ' house - be de
ferred until the senate had taken Some
steps In the matter.
SENATE PUSHING ITS WORK
Urge Msnbrr of Bills Disposed of
and Salary Appropriation
(From a Btaflf Correspondent.)
UNCOLN, Neb., April 7. (Spec)al.) At
the morning session the senate passed
H. R. Tl, the deficiency bill. Harrison
moved to pay employes for three days over
time. Glffln moved to make It six days.
This waa lost. Wall moved to make it four
days and thla carried.
These bills were psssed:
H. R. 352, the scavenger tax bill. '
H. R. 164, appropriating 13,000 for the
surety bond of William Stuefer.
H. R. 488, authorizing the paving of the
streets around the capltol grounds,
H. R. 473. providing for the election ot
county attorney and bla salary. .
H. R. 222, to prevent cruelty to animals.
H. R. 329, appropriating $81 to pay for
the surety bond qf Lieutenant Governor
McGilton; -t J . . , '
H. B. 259, compulsory -school law.
H. R. 358, authorizing tha governor to
appoint a, commissloa to act. with a com
mission from South Dakota to agree on
the boundary line.
; H. R.; 157, providing for, fees foB aheriffs
and Justices of the peace' to be allowed by
the county board.
H. R. 413, to legalize oaths taken before
regiater of deeds. . - .
H. R. 385, to prevent sale of tobacco to
minors under 18 years, old.
H. R. JtJ6 providing. tb( tkigra,nt,nj-of
liquor licenses, shall b4 vested. "ill tha board
of fire and police commissioners, of South
Omaha! and providing"1 the" cjost of license.
H. R.,311, providing for the dlaorganiza
Hon of an Irrigation, district,-.
H. R. 1564.- dsHnBug: thrf - duiUMbt the
under assistant ln Irrigation districts.
H. R. 388, establishing 'a departtrient of
i architecture.. . , -.- " ,
I The rooforenre . eooioitttea appointed 'by
the asnate to confer wtth touss eotnualttee
I on the upreme court commission 'bill. 8.
F, 11, and- the amendments mad by tha
I house, reported Immediately after the noon
recess. The commutes recommended that
the eenate file stand, providing for nine
commissioners for one year and three for
the aecond year. JThs house bill provided
tor six ror two years.
Tha senate concurred la tbo ' bouse
amendments to 8. F. 38. the Juvenile court
bill. . .
In the committee of th4 whole those bills.
were disposed of:
If R. Soft vlvlnv in swsrit fnr tho ills.
covery of coal. Iron ore, gas or crude oil;
recommended for third reading.
H. R. 293. nrovldlng for railroads to fenra
their right of way and relieving ihem from
responsibility of damage to stock; Indefi
H. R. 174. woman's dower hill. Wall of
8herman said In annnnrt of the hill thst
woman's sphere had brosdened and the
rtgnta or woman should be, recognized.
Hastings opposed the bill because It did
not protect the children. Pemberton aaid
that If an unmarried- men died the bill
made no crovlslon for the division of his
property. Griflln was opposed toi the bill.
Warner thought some changes In tha bill
would make it more desirable, but he waa
for passing the . bill rather than indefi
nitely DOStoonlng It. After much dismis
sion the committee postponed the bill for
tho present to allow It to be amended.
m. k. 4Z8, tne petition bill, was recom
mended for passage.
H. R. 240. providing- for the nubllcatlon
of the report of the 'state banking board,
waa passed, the senate concurring In the
11. R. 228. to legalize all orders and luds.
ments that have been made by any district
court to foreclose alleged Hens for taxes.
was recommended ' for passage and later
The conference committee nn the ant.
ary bill mads Its renort this afternoon.
Thla places the salaries tn question as
follows: Recording clerk of governor, $1,200;
adjutant general. - 31.8B0: atennrranhpr.
$840; chief clerk, $1,000; storekeeper and
Banking Board Salary of secretary.
Supreme Court Commission Snlnrr nf
commissioners, $2,500 each; stenographers,
$900 each (one for each commissioner);
deputy clerk. $1,600. Tha bailiffs n si.
lowed from $720 to $300.
' The senate amendments were then con
Secretary of 8tate Salarr of demitv
Land Commissioner Salary ofV deputy,
$1,700. The one clerk Was not strtcken out.
Department of Banklhjt Salary of sec
retary of board, $2,000; chief clerk, $1,200;
four examiners, $720' year. '
Home ifor Friendless Salafy.bf Super
intendent. .$900; " salary . of vpnyslclan. $700.
Insane hospital,' tlncoln--tSailrry or Stew
rd,. $1,200. . '
Norfolk. Insane Asylnm Salary-' of super
intendent: $2,500; ,tW batbologlst" and as
sistant, physician, vi'ere striken opt.
The salary, .of .. the assistant superintend
ent of the Industrial school' all Kearney
was fixed at! .$1,100, v ; a
The salary of the Bupcrintendsnt of the
Industrial school at 'Geneva was fixed at
$1,000 and a matron- at $200 a year waa
Industrial Homo at Milfordalary .f
tegeners,, .including service as 'secretary,
$300; salary of engineer, $600; . salary of
farm hand, $400. ' ;
The salary of the. surgeon at the Sol
diers' liomo it Mtlford was 'fixed at $500.
The salary of the state veterinarian was
fixed at $1,600. ,'..;.
The salary of the secretary of the State
Board of Equalization was fixed at $1,600.
The report waa concurred In by the sen
ate. , - ' , -
H. R. 224, to prohibit minors ' under 18
years of age using tobacof was read a
third time nd killed by a ote ot 18 to 8.
H. R. 277, to establish an experimental
station, was passed.
LINCOLN, Neb., April 8. (Special Tele
gram.) Tha senate spent most of tha night
In committee of the whola and at is an
o'clock Indefinitely postponed all, bill. Jot
ittijuiivu uj iua silling uuru-Rriiiee. ;
. H. R. 174, the woroan'a dower , bill," was
amended ao that the wir has iifin,.
interest "In One-half of the"1 estate of the
husband and the bill recommended for pas
sage. Upon this bill most of the night was
gpent ' ,f ' ': ,,'
. H. R. 437, the ' scavenger tax bill, and
H. R. 79, providing for the length of school
terms, were passed.
At 1 o'clock the clock was stopped and
tne senate began to pasa bills.
HOUSE OVERRIDES ; A VETO
Borne Lively Bklrmlahtaar BTereSaary
to Serare tho Votes V-
(From a Staff Correspondent.) v
LINCOLN. Neb., . April 7. (Special.) A
message from the senate asking tbe houjse
to pncur In Its passage of S. F. 31 oyer the
governor's . veto.,-waa read at the outset
In the house this morning. This is the bill
providing for the publication 'of 2,000 seta
of the. compiled statutes by J. E. Cobbey
at $9 a set, , - .
' Douglas of Rock plead with the house' to
non-concur, and thua stand bytfhe chief ex
ecutive of the state.: McClay of Lancaster
spoke along the same line.. Sears of Bu,
Thompson of Merrick and Ferry of Furnas,
all spoke for the passage of ' the bill, tho
governor's veto notwithstanding. " They ar
gued that It was . a business- proposition
and that since the bouse and senate acted
deliberately upon the matter before they
should not now reverse themselves.
A lively skirmish ensued when the rqjl
was called. About one-Oftb of the members
had to be prodded out of their corners to
vote. Some names were called a dozen
times. Scarcely a member kept bis seat
during the exciting scenes. It took sixty
seven votes,' two-thirds, to carry and the
friends ot the measure bent every energy
to beat down the opposition. Unable to get
the necessary number a call ot the house
finally waa taken on demand ot Perry and
others. The call waa raised, demanded
agalp and again raised before the sixty
seventh man could be dragged over. The
final result showed sixty-seven affirmatives
and twenty-four negatives. The fuslonlsts.
save Loomis and Kennedy, their leaders,
ana Gisbwuier, voted to override tho gov
These republicans voted In the negative
to sustain the governor:
Bartoo, Belden, Cassell, Davis, Douglas,
Friedrtch, Harmon, Hunter, Jones of Rich
ardson, Jones ot Otoe, Jouvenat, Jahnal,
Koetter, McClay, Mendenhall, Moraman.
Spurlock, Warner, Weborg, Wilson, Mr.
On " motion of Sears, chairman of the
clalma . committee, tha bouse refused to
non-concur In the senate amendments on
H. R. 445, the general claims bill, and a
conference committee was appointed. The
senate had stricken out the two principal
Items. $40,000 for wolf bounties and $4,000
for ex-State Treasurer J. E. Hill.' 'Sears,
Mangold and Mendenhall were appointed
as the house part of the committee.
These bills then were passed:
S. F. 61, by, Saunders, relating to insur
ance company fees..'' ' ' , "-" '','
S. F. 38, by Hall of Douglas, to" prevent
tii-treatmeni ana cruelty to- children,- defin
ing conditions or child .dependency.
Mlkesell. of Dixon at the afternoon ses
sion offered a " resolution '.to pay members
"ot the special revenue committee $5 day
for the time they worked tin framing the
bill When tbe-bous waa not In, session.
ttouglas opposed the project unqualifiedly.
Thompson opposed It, except to say that
If any renomeration waa' made at' all It
snouia not excera tne amount of actual ex
penses Incurred and he did not oven advo
rate tbla. Loomis also spoka against It
and finally Mlkesell withdrew the resolu
The Joint conference committee's report on
S. F. 11. ths supreme court commissioners
bill, recommending nine commissioner for
one year and three lor two years, waa
The Joint afeteaco committee's report
on the goners! appropriation bill waa
adopted. The bill had been cut $107,000
by tha senate and the committee restored
a large portion- of this amount.
The boos adopted resolutions extend
ing thanks to Chief Clerk Wall and the
chief stenographer, Miss Josephine Mur
phy, and heartily, commending their serv
ices. Thla resolution by Sweety Wss adopted:
I move a vote of thanks be tendered to the
several newspaper reporters who have been
in attendance upon this session, snd
through them to the Daren which they
represent, for their" full and fair reports of
our proceedings and for their Impartial
and courteous treatment ot the members
of this house.
These bills then were psssed:
S. F. 143, by O'Neill of Lancaster, provid
ing for the appointment of a state sur
veyor and draughtsman In the office rf
the commissioner ot public lands and
8. F. 150, by Way of Platte, providing for
8. F. 12S, by Warner, fixing the qualifi
cations of attorneys.
8. F. 106, by Howell, compelling Insur
ance companies to file semi-annual state
ments with the state auditor.
8. F. 20, by O'Neill, to regulate the or
ganization and operation of life Insurance
companies on the mutual level premium,
mutual reserve fund. '
S. F. 254, by Saunders, to enable do
mestic mutual benefit associations and life
insurance companies doing business on
the mutual premium or stipulated pre
mium plan to reinsure their risks In other
mutual or Joint -stock legal reserve life
S. F. 181, by Harrison, providing for reg
istration of voters In the office ot the
city clerks In cities of less than 25,000.
8. F. 243, . by Harrison, fixing maximum
compensation ot county commissioners and
At 4:60 p.. mi. the governor's measage
asking the house to reconsider Its vote on
S. F. 114, the constitutional convention
bill was resd.
Ollbert of Douglas. Offered resolution to
pay the expenses of all members for their
Junketing trip's, despite the adoption some
time ago Of Harrison's resolution to pay
only such expenses Ss Were actually' In
curred. Thompson put the .question suc
cinctly in skying that a member could get
all he was 'entitled to under the Harrison
resolution and no more, but he thought no
member would Want any more than he
really was entitled to. Oil roll call the
motion- wss lost by a vote of 46 to 39, two
thirds being necessary to carry.
The- house .concurred In the ' senate
amendment to-H. R. 277, raising the ap
propriation for an experiment station from
$5,000 to $15,000. .
The house at 8-o'clock 1 took a recess
until 9:36-when it went Into committee ot
the whole and took "up-' senate files. 8. F.
87, by Norrls,. the exemption lien bill, at
once came up. The bill exempts 80 per.
cent of monthly wages and all the wages
where they amount to $35 or less a month.
Loomis of Dodge attacked the bill as a
vicious Imposition on the wage earners,
which, be said, had Emanated from retail
merchants. He declared the bill was de
signed to "bear .down.'.' on such classes as
the railroad men of Omaha and would work
Incomparable hardships, on them. Junes ot
Otoe, a retail merchant, made a forcible
defense of the bill,, Insisting that It would
Injure no honest wageworker, but would
afford necessary protection to the retailer.
Mockett of . Lancaster spoke tn support
of the bill. Wilson of Pawnee also spoke
for It. Jones of Otoe bad moved to recom
mend the bill for passage and Sweezy of
Adams bffered an amendment to Indefinitely
postpone it. JotfeB'" motion carried. Man
gold, KennedyhtrMarsman of Douglas
voted td pass the bHl and Ten Eyck, Ollbert
jnd Koetter to klll. . ; . -.
The .season , -el felicitations bivlng been
reached, Burgess of Iincaster offered a mo
tion, which waa unanimously adopted, ex
tending to Speaker Mockett the thanks and
commendations of ,the house and present
ing to him the speaker's chair and gavel.
Spurlock' of Cass, the only member who
ever appealed from a decision of the
speaker, made the presentation speech. .
The speaker replied In cordial terms,
referring to the occasion as one of the
"proudest of bla life." ,
An elaborate bouquet ' was then pre
sented by the employes as a token to ths
Douglas of Rock, In behalf of the house
employes, then presented to Chief Clerk
Wall beautiful silver loving cup. Mr.
Wall briefly bespoke his appreciation for
the gift and affection for his large corps of
assistants. ' . '
"Burgess then, oh behalf of the members
and employes, presented a gold watch
chain and Masonic, watch charm to First
Assistant Chief Cleric Barnard. Mr. Bar
nard appropriately acknowledged the gift.
Timekeeper Olaagow was made the re
cipient of a sliver smoking' set from the
members and employes.- Thompson of
Merrick presented these.
Tha Joint conference report on the claims
bill, agreeing on all ltema except the $40,
C00 wolf bounty claim, waa read. Action
on the report was deferred until 12:06 a.
m., to which time the bouse at 11:40 ad
journed. Commenced Wednesday Session.
LINCOLN, Neb., April 8. (Special Tele
gram.) Wednesday's session began at 12:05
a. m. The conference committee's report
on the claims bill was not adopted aa the
house membera refused to agree to the
striking out the $40,000 wolf bounty claim
aa insisted by the .senate. Douglas offered
a motion which waa carried that the con
ference committee be again Instructed to
meet with the senate commlttea and that
It not recede to tha senate amendment. The
matter waa temporarily tabled.
Ten Eyck then offered motion that the
Benato be requested to return 8. F. 114, the
constitutional convention bill, for further
consideration.' Sears raised the point that
the house had - agreed to take no further
action In this matter until aome action was
taken by. the senate. The speaker sus
tained the point. Ten Eyck then moved for
a reconsideration of the vote by which the
house made thla agreement. On motion of
Thompson of. Merrick, Ten Eyck'a motion
waa tabled by a vote of 49 to 18.
IS A DISEASE!
"Will -Power" will Not Cur It.
Drink Is tha greatest ears of mankind. Ussy
a roaug msa of grestest promts hss foDd toa
dishonored gravs of a drunkard iaU4 of sa
BonorsMe pTsrs la society.
fbrslrlans bits long meogalsed thst eon.
United Indulgence in ik-ohullo stimulants esusos
ths stomsru sua. dlgrsilvs orgsns . to beroms
disessed. In ths vast majority of esses, there
fore, bsbltssl drankeaacas Is a pfaslrsl aUs
aae. sad no ssaosot of swntal rasuive or
"faith rnra" will curs It.
"01. USE" WILL POHITITFLT AND PKR
MAM3ILY Ol TUB DRINK HABIT.
i-uaraates tills and will refund the money
should tbe rented fall. But It aeser dors fa 11 1
"OltUE" Is taattlras, odorless and color
less, sad rsa be litre arlUiout ths patient's
knowledfs la trs, eoffee, atr or milk. It
tones np tbs dlsrssrd stomach and fifes a
hearty appetite and food dlscatloB.
Members of the W. C. T. II., clergymen, nhy
slrjus sud psblls men all ever the Una endorse
this wonderful remedy.
. Then. 0. Zulus, ft?T . Capitol gt.,
WaablBs-ton. U C, writes: "I eea safely sf
arm, from caeca aader my persoasl baerrstlon,
that OA B IKK Is a msreelous and pe rouse at
remedy for rh rente Inebriates."
(I per bos, a hoses for Reearely sealed;
postpaid. Healed booklet Dialled free m r.
aeeet. Address OkklNI.O)., Peps Building,
WeehtAfUiS. D. C. sold ssd recommended sjr
hkesiuaa at MrCusiaell Drat Co.,
loth. ss4 Kuage Its.. Ussaksv.
PENNELL ESTATE INVOLVED
Lawyer Badly in Debt tt Time of
STORY IS TOLD OF A DEFALCATION
A tier the Altcsted "hortaae ia Halt
Good it la ald There Will
Bo LlttU Left for
tho Heirs. -
BUFFALO, N. Y., April 7. Wallace
Thayer, who waa Arthur R. rannell's friend
and legal adviser In hl lifetime, was seen
todsy relative to published statement
quoting blm as saying there was no doubt
that the story ot misappropriation was true
and that Prnnell'a brother. J. Frederick
Pennell, had pleaded with him to destroy
the trust pspers. He repudiated much
that was attributed to him and made a
brief statement, which embodied, be said,
all that he cared to state at the present
Mr. Thayer said:
J. Frederick Pennell, brother of. A, R.
Pennell. came to me last Friday and told
me Arthur had left large debts to friends
in the east. These debts, he eald, were
large enough to practically consume all tha
Insurance, and he advanced that as a rea
son why I should turn over to him the
?;'5.000 Insurance which A. R. Pennell left In
trust with me. He said: "Unlvsr you do
this, there will be practically nothing left
Then Mr. Thayer made thla statement:
I drew the Inference from J. F. Pennell's
statements that his brother must have
made misappropriations of money. There
Is a vast amount of debt against the estate,
some $200,000, and 1 can't see how he could
have gotten Into debt to that amount un
less he spent money belonging to others.
Thomaa Penny, who has been acting as
attorney for Pennell's estate, when seen
today was unwilling to disclose anything
regarding Pennell's money transactions.
When asked whether tbe statement re
garding hi relatione with Burdlck, which
Pennell Is said to have written out just
prior to his death, would be made public
at tbe Inquest, Mr, Penny said he knew
nothing of any such, statements.
ST. PAUL HONORS ADMIRAL
Gives Schley Royal - Greet Iua; and
Arranges fetes In HIa;
, Behalf. '.,
ST. PAUL, April 7. Admiral Schley -arrived
from .the west this afternoon. He
was met by local reception committee at
At tbe station the admiral was greeted
by Governor Van Sant, Mayor Smith and
another committee of citizens and escorted
to tha Aberdeen hotel and tonight vs the
guest of the Commercial club. -
Tomorrow he will address the students
at Hamlin college In the morning and In
the afternoon a publio reception will be
held at the state capltol. A parade will
precede the reception.
JUDGE APPROVES COMPROMISE
Authorises fttratton Administrators to
Pay Dead Man's ' Bon
COLORADO SPRINGS, Colo., April 7.
Judge James A. Orr of the probate court
today signed an order authorizing the ad
ministrators) ot Wlnfleld S. Stratton estate
to pay his son; I. Harry Stratton, $360,000
In cash In consideration of the withdrawal
of his contest against the will.
His legacy unde? tha v'-l wns ."!),000.
A certified check tor 1350,000 waa paid
over to I. Harry Stratton by the 'executors
later In the afternoon. "
TILLMAN INDICTED BY JURY
Former Mratenant Governor Most
Answer for Mnrder In the
r lrst Degree,
COLUMBIA, 8. C, April 7. Tbe grand
Jury today returned a true bill against
Jamea H. Tillman, charging him with tha
murder of N. G. Gonzales last January,
Tillman's case will be called next Mon
day. TO ri lli: A COLD I ORE DAY
Take Laxative Bromo Quinine Tablets. This
rlgnaturs jtini on every box.
26c. W ttJCft
Mrs. Crist Marti.
WEST POINT, Neb.. April 7. (Special.)
Mrs. Crist Marti, aged 61, waa Interred In
the public cemetery in this city today under
the auspices of the Dsughters o! the Re
bekah lodge of this place. The doceased
succumbed to the effects of an operatlot
performed In Et, Joseph's hospital, Cmaha,
last week. The remains were brought to
the city Sunday evening. The deceased
leavea a husband.' She was a woman very
active In good works.
NEBRASKA CITT, Neb., April 7. (Spe
cial.) Frank Beuhlen died at tha home ot
bis mother In this city today, aged 21
years. Mr. Buehler waa member of tbe
firm ft Buehler Brothera, proprietors ot
a meit market In this city. He waa also
a member of several fraternal organisa
tions. The date for holding tbe funeral
has not yet been announced.
BEATRICE. Neb., April . 7. (Special.)
Henry Schlake, a prominent fanner resid
ing about right miles northwest of this
city, died suddenly at bla home, Sunday
evening, ot heart failure, aged 64 years.
He had been a resident of that aectlon for
twenty-seven years and leaves a widow
and five children.
Mrs, Clara Hoenke.
BEATRICE. Nob., April ?. (Special.)
Mra. Clara Hoenke, aged 6t years paased
away at her home, tour miles southeast
of Plymouth, Jefferson county, after a lin
gering illness, ot dropsy. The remains
were Interred In the Harblne cemetery.
Two Iowa Btorea.
-MUSCATINE, Ia., April 7. (Special.) in
a lira at Grandvlaw, Ia., thla morning at 6
o'clock, William Swltser's general store
and residence, and Dr. D. J. Hagley's Em
pire atore building ware totally destroyed.
Loss IMOO; Insurance 13,600. . Origin un
known. Eaa-llsh Trade Statistics.
LONDON, April 7. The March statement
of the board ot trade ahows Increases of
CS.093.600 In imports and 14,456,000 in ex
ports. Rnas for tte Klresnea.
The firemen were called at 1:40 o'clock
yesterday afternoon to Hut tpencer street,
where a shed In tha rear of the premises
occupied by Thomas W. Hasen waa on
fire. Tbe shed waa destroyed snd some
the boarding on the rerr upper part
of the dwelllns burned. The buildings sre
ths property of Wlli.am Robb. The house
of Minnie Engmtnaer. neat door.' suffers 1
a blistering of Its paint, i ne loss all told
will reach not more than 14"
At 7:lu o'clock In tha evening another
alarm waa turned in from the houas of
John Jones at 4-'l North Twelfth street.
Tha owner had been kindling the kitchen
firs with a can of kerosene and tha lira
ran along tbe stream of oil Into ths ran.
J ones escaped before the explosion, but
the contents of the little house were
ruined before the firemen could get ths
water running. Tbs building waa little
MRS. BIGELOW GETS DIVORCE
She May Marry Attala, bat Iter Former
llashanit Is Prohibited by
NEW YORK. April 7. Mrs. Edith F.
Bigelow . has obtained an absolute divorce
from . Poultney Bigelow on statutory
grounds. Under , the new law an Inter
locutory decree has been entered In ber
favor and she will not be wholly free until
threa months after tbe filing of tbe paper
In the county clerk's office.
Under ths wording the decree, Mrs. Bige
low will then be at liberty to remarry, "as
though Mr. Bigelow were dead," while be
Is prohibited from remsrrlsge, "until she '
Is actually dead," a provision which would !
prevent blm from having marriage cere-
mony performed in thla state, but not else
where. Mr. Bigelow csme here from Europe dur
ing the winter for the avowed purpose ot
contesting bis wife's suit. The esse waa
referred to Charles Donahue, formerly a
Judge of the supreme court Msny wit
nesses were' examined. The refree found
that the charges had bean sustained and
decided In Mra. Blgelow'i tavor.
By the terms of the decree one of the
children. .Mildred, la to remain In her
father's custody, with the provision that
her mother may aee ber and have access
to her at any time. The other children.
Edith, Evelyn and Dorothy, will remain
with their mother. Their father may see
them when he wishes, and each' mar de- !
clde when she becomea of sufficient sge !
under the guardianship of which psrent she
This decree waa signed by Judge Blsn
chard of the supreme court.
Mrs. Blgolow's maiden name waa Jaffray.
She was married April 1, 1884, to Mr.
Bigelow. a son of John Bigelow, a former
United States minister to the court of St.
The German emperor's friendship for Mr.
Bigelow Is well known.
MRS. FAIR LIVED THE LONGER
Her llashand Was . Dead While She
, .Still Showed Slarna of
' -' Life. '
NE,V YORK. . April 7. Evidence, wbb
given todajr by a witness who says he saw
the. automobile .accident near Paris last
August, which, resulted In the death of
Mr.. and Mra. Charlea Fair before a referee
In a suit Instituted by Mrs. Fsir's mother,
Anna. Js'elson. and .other relatives to re
cover from Mrs. Theresa Alice Oelrlcha snd
Mrs. Virginia Vanderbllt. sisters of Mr.
Fair, a large portion at the Fair estate.
It Is contended that Mrs.. Fair lived after
ber buaband. The suit la expected to de
termine also whether an agreement to
aettle the estate by the payment of $250,
000 shall be cancelled.
Luclan Mass ot Paris testified thst he
witnessed the accident and when he
reached the scene Mr. Fair "waa absolutely
lifeless," but Mrs. Fair was breathing. He
noticed a nervoua contraction of her faca
CAUGHT BY AN ARC LAMP
Current Holda Man Fast t'ntll
Plant - la Closed
MARQUETTE. Mich.. April 7. Andrew
Johnson while attempting to relight an aro i
lamp noar bla 1 e n.iriy today was caught
b tVr ,-rront r.-l l.o'U faat until life wss
ll.vy necevsiiv shut down the plant
In qr,d".r. y tre .'w-0y.,, , . ...-.. ;
steer Paekugu Wmrrmt94l
XI yon bay Lowney'a Candies fat the
original sealed packages you will find them
in perfect condition, or money refunded.
"Hpsetal" Assort . I lb. Ac.; X lb. Stc
"HesTssIr" . . . . I Ib.ooc; M lb. 4c,
"American Beastles" I Ib.aOc; Ji lb. SOc
"Plaka." "Pss.lea" I . lb . u th u.
tr' rorgst-sas-soU" n-c- H .Swe.
"flolfsrs" I lb. SOc.; H lb. 10c.
J "foloslsi Danes' . . I lb. 90c. ; lb. SOc.
"raoMlata Fsaasnalats" 10c. snd c.
'Caseolate alaoada" . lee, Sac. and S1c
.espney' Psassf are
So well and favor
ably known as the
leading, most reliable
SPECIALIST In all
DI8EABE8 and DIS
ORDERS OF MEN.
They have been
'many years tn estab
listing their reputa
tion IN OMAHA for
honest ana nonoraDis
DEALINGS, and dally receive many let
ters thanking them for the CURES per
fected and the great good they are doing
for men. Their life work has been de
voted, as Specialists, In treating all dis
eases of men. . .
BE CERTAIN OF A CTTRE by CON
SULTING the REST FIRST. m t
DR. SEARLES graduated at two of th
best medical college and la acknowledged
the beat EXPERIENCED and SKILLED
SPECIALIST In all dlseasee be treats,
"DR. SEARLES' Consultation and Advice
are FREE, In person or by letter, and
sscredly confidential In all diseases.
Written Contracts given In sll cursbl
diseases of men or refund money paid.
Many cases treated IS 00 per month.
TREATMENT BY HAIL.
Tall err address, ror. I4h t Denalii.
DR.SEIRLES & SEARLES
Oil All A, Ell.
A LOST TREASURE
For Which All Nations Have Been
For centuries every civilised nation has
been searching .for a lost Jewel, without
auccesa. Somel-mes a clue would be dis
covered, only to be lot again, until the
hope of Its ever being found has almost
been despaired of. This priceless Jewel is
health. Rut today Lr. Burkhart's Vege
table Compound, the greatest health re
storer the world hns ever known. Is being
sent Into every civilised country on earth.
In ltstt s.TW.uk' persons were treated. Eighty
per rent of whom were cured. If you suf
fer from Rheumatism, Constipation. Nerv
ousness or any disease of the Hlood, Liver
or Kl'lneys you ottn be cured by this great
remedy. 'Jb cental. All druggists.
"A'atn- en iece."
Bone) Patoe, Itching. Scabby
Swellings, Carbuncles, rimples. Scrofula
rermanentlr cores by Uktsf fMMul Blood l Balm. It
sestrsrs Ins act Its F4eoa is the bloed. If rjs hava
aches ana seine In bones, back an Jolala, Itrhlne.
Srshhr Shin. Bloos feela bet ee tbln. Swollen Wanda.
lnes ans Pumas en the Skin. Mucus Patches Is
Mouth, Sore Throet. rimples ee effeoalTS ernetiona.
roeper -Colore Spots sr Reah sa Sain, all run-sewn,
or nervous, Vloera sn say part st lbs body, Hslr sr
Brebrsws fslllne sut. Carbuncles er Bolls, tab .
Botanle Blood Balm, stearaateed
Is ear seen tbs worst and most Seen-seated oaee
where doctors, patent me4tclnea sn bot sprtnaa Tall.
Heala all aoraa. slops sli schas an pains, reduces all
swelllnea, makes blood purs snd rich, completer
shanilnf tbe e-illre bod? Into s clean, health? condi
tion. B. B. B. baa cored thousands ot saaes St
Blood Potass seen attar reaching the laat states.
Old Rhensnatlam, Catarrh, Kcsema
ar osssed by sn nwful poisoned condition sf ths
Blood B. B B. stops Hawkfnc snd Splttlna, Itch
In sn scratch Ins. Aches snd rains; curca Rheu
sutlam. Catarrh; heals sll Scabs, Scales. Itrupllona.
Watery Blletera. loul, leetertn- Sores ol sVaetns, bj
(inn a purs, bealtbr blood aupplr to elected parts.
Bothnia Blood Balm Cures Cancers of sll Xlnda,
Suppsrstlnf Pwlllne, Hating Sores. Tamors, uglr
fleers. It kills the Cancer Polaon and heala the
sorss or worst esnear perfectly. If fcr have s per
stiteut Pimple, Wart, Swellings. Shooting. Stinging
Peine, Uks Bloo Balm ssd they sill disappear be
fore they devalop Into Cancer. Many apparently
hopeless esses si Cancer cared by tsktng tiotanls
'. . WIJ kaim rb.a).
Vwy a Isrge bottle rer 9 1 , o awe
(IracglM, tahe a aireeteal. Hetenle
Ilaa ItitlMxR.H.II.I always rnres
whea ths rlabt sjMtkatlcy Is labea.
If wot ewrest year aaoaey will
Fwa'aVlf h'jr Qfi O
Botanic Blond Balm (B. B. II. I Is
Pleasant snd safe to take. Thoroughly tested for N
years. Composed of Pure Botanic Ingredlenta.
Strengthens weak hldneya and weak atomanlt,. cures
dyspepsia. Complete directions sn with each bottle.
old la Omaha by Knhn dt Cm.. ISta
and Donsflaa streets.
In ronnrll Bluffs by R. R. Anderson,
8.10 Broad era r. la Sooth Omaha by
Dillon Drntr Co., SMt h and N. ' ?
Tall op write any above stores.
Blood Balm seat by ea press.
. Treats all forma of
p"; 17 Tears Kxpenence,
' 17 Tears In Omaha.
1 VII. remsrkshl. .nr.
---.ir cesg has never been
anc every day brings many flatter-
Ing reports of the good he Is doing, or ths
relief he haa given.
Hot Springs Trea iirentfcrSyplillis
And all Blood Polaons. NO "BRCAKINd
OUT" on the skin or face and air asternal
atvna of the disease disappear at once.
61000 DISEASE rTXZ7A.
OVER 30,000 .urd.bu,Iftdy.
vitality, unnatural discharges. Stricture,
Gleet. Kidney and Bladder Diaeaaoa. Hy
drocele. QUICK CURK8 LOW OH A RIBS.
Treatment b mall. P. Box 16a, Office
rvsr gli 8. 14th street, ba'woen fax nans nod
Xtouglaa tree la, ubCAUA, H&M. .
t VI I'. MEN r.
Reserve Your Seats
I CR THE
AT THE DEN. .
May 7, 8,9,15.
Season Tickets; $3,50,
. for the Six Concerts, at ...
; H. J, PENFOLD &.CO.'S,
I408 Faraaru Street.
dale of Reserved Seats Will Be ' '
Withdrawn After April loth.
Chicago Symphony Orchestra
Tfct May Fcitlvgl Choir ( U0 Vokct
Ncrdlca snd Da Reszke.
With the Full New Tork Metro
politan Opera House Orchestra.
THE GREATEST MUSICAL EVEN!
OF THE SEASON.
Last Four Weeks of
THIS AKTEB.PIOPS TOMfillT.
W. H. tnAKK la
Prices Mat., 23c to 11.00. Night Kk.' to II. V)
Thursday and Friday Nights Thf Vanto
mimic Trick Comedy,
"ZIG-7.AU AUEI." '
Prices, 25c,60c, 75c. 11.00. . .,'".,
Saturday Matinee and Night,
Tllld VOl Mi EH ItHU'l HRHN,
Price Mat., 26c, 60c. Night 2fic, 60c, 7bc.
. t I O-BI.MTOB
M a tl nets Th ursda y , Bat urda v, S u ml a y 1 : 16
Every Night :15. ,
HIGH CLASS VAUDEVIUF ,
The De Foresta Andraessen Hros M Ivlll
..and Stetson Mile. Olive Harding and
Ah Bid Dowry and Vanctta iuul
the Ktnodromc. ' 1
Prices 10c, 2io, 60c. , ,
Jeaa Kafkae-. fre. An Ideal plao for
a cosy alter-th.
t tbsater r party.
Half Broiled lob.tsr . SO.
Si lTth, Bee mi.. .
CUUMET COFFEE -HOUSE
AtNU LADItiV CAFE
Will a.irve Wednediy', April V
SMALL RUSSIAN STEAK
(With Potato Cakes.) ,
1411 Douglas St.
OMAHA'S UlAL-JNu RKSTAURAN
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