Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 11, 1903)
TITE OMAHA DAILY HEE; SATURDAY, APRIL 11, 1003. NEWS OF INTEREST FROM IOWA. 0 iekWAr s2 v: COUNCIL BIIon MEXTIOX. Dsvt, a11ii drug,. ftockert sells carpet. Expert watch repairing. Leffert, 40t B'y. Celebrated Met, boex on tap, Neumayer. FOR rent Modern house. 719 B.xth T. Cabinet phot'., 25c per dosen. B'way. Clothcpplna, 1 rent a dozen at A. B. Howe's, ill Broadway. Heal estite In nil part of ,the city for ale. Thomas E. Ja.ady, 235 Pe:rl street, Mr. J. O. Jonra and Mrs. J. T. Jonea have Ixen cal.ed to handwlch, 111., by the. serious lllntss ot a relative. before papering your rooms we want to hw you uiir eiegant 1W3 designs. C. B. i't nl. i .1 1 nn.l tllu company. Sergeant D. J. Whlttaker of the 'police lone is i.ome Irom fcmerson, la., where he atifi.ciKi tile lui.tral ot a nephew. M;s. Julia I.) una was paroled from St. Bernard's hospital yejiteruay by the com-ml-jwinr-rs tor the insane, in care of her husband, Patrick Lyons. A large delegation of Knight, of Pythla, In punning to go to Hamburg Wednesday evening o next week to participate in a celebratlun by the lodge of that city. Dr. J. H. Cole will erect a realdence on the corner of Oakland and Fletcher ave nues and It. V. blxby one on the weat aide of Oakland avenue opposite Fletcher ave nue. Mr. and Mra. Reuben Moore of Rushvllle, III., ate gufaia ot Mr. and Mr,. R. T. Mon lrt. Mr. liioore ta a c.iuain of Mre. Mun fttt and this is their Ilrat meeting In forty years. Airs. Hannah Smith, uged 71 years, died vtattilu)' tvoi.li.g at the home of her on, K. F. Kmlih, Avenue The remains will lie taken to Falrneid, la., Monony, for burial. i.essle M. Ordes, daughter of Mrs. R. A. Pine of Quick, la., died Thursday from pneumonia, aged VJ years. The funeral will Lc held this aiternoon at 2 o'clock from the residence and burial will be In the Quick Cemetery. Joseph Rambo father of "Pearl, the fat girl," has finally located his daughter at Ya.dosla, Oa., and has forwarded trans portation for her return home. Rambo clulma that he has not received his altars of his daughter's earnings. Munager C'nrmody of the New theater Is negotiating with Anna Eva Fay for a re .tiiin engagement some data In May. Dur ing her recent engagement In Council Bluff, Mas Fay created quite a sensation and packed houses were the order each night. John A. Williams, the 14-year-old son of Mr. and Mre. John . Williams of Hazel Dell township, died yesterday morning. The funeral will be he.d Bunday afternoon at 2 o'clock from the Hazel Dell church an,l burial will be In the township ceme tery. V ord has been received here of the death In Sioux City of Mrs. Mamie Burns Wil liams, wile of Daniel Wllilums. after an illness of one week, from pneumonia. Mr. and Mrs. .llllams formerly resided in Council Bluffs and removed to Bloux City about four years ago. J. M. Pullen of Oakland, la,., notified the police yesterday to intercept his 14-year-old on, Owen, who. In company with two other bos of his own age. ran away from home Thursday night They left In a covered wagon and were thought to be beaded toward Council Bluffs. The funeral of Abram Moore, who dropped dead Thursday afternoon while delivering a load of coal, will be held this morning at 10 o'clock from Lunkley's chapel and burial will be In HlllBlde ceme tery. Rev. W. B. Crewdson of the First Christian church will conduct the service,. Perry Alleshouee of this city, a member of the firm of 8. K. Whatey Co.. left yes terday for' Kockport, Mo., where he wia be married Wednesday next to Mlsa Maude 1a Hunter,- daughter of one of the promi nent citizen, of that place. They will make, their home In thla city at 441 Park avenue and will be at home to their friends after April 26. . National Roofing Co.. 128 Main Street, Elks Bowllan; Contest. Team No,, t, captained by City Engineer Etnyre, retained It, lead at th, close of the sixth week of the bowling tournament at tba Elks' club by defeating last night team No. 4, captained by I. M. Treynor, by 126 pins. The score follow,: TEAM NO. . 1st. 2d. 2d. Total. Etnyr, 167 131 lf2 6 Cooper 165 136 132 422 Kcnney 175 190 148 618 V. L. Treynor 146 144 172 42 fclcAtes 126 165 176 46 Total, 758 826 820 J.403 TEAM NO. 4. 1st. 2d. Sd. Total. I. M. Treynor 165 170 Is 511 F.verlngham 1 149 141 450 Everest 13 160 158 Ml peters 161 127 112 403 Wheeler 128 146 138 412 1 oiuis. .,...... ifv twi i" 1 ' RtrUlif Telephone Ordinance. The special committee consisting ot Aldermen Lovett, Tlnley and Casper. Mayor Morgan and City Solicitor Snyder, to which was entrusted the drafting ot an ordinance for a franchise for an Independent toll telephone system, will meet this after noon, at which time the ordinance prepared by the city solicitor will be reyjsed. Speak ing of the ordinance yesterday and It, al leged defect,, Mr. Snyder said that It bad been the Intention to prepare an ordinance for a toll telephone system to connect only with outside companies and to prevent the establishment of a second local system within the city. The wording of the or dinance, he said, might be faulty In this respect and would be revised to conform with the expressed desire of th, committee ot the whole. N. T. Plumbing Co.. Tel. 250. Night, F667. Rogers Arraigned for Assault. W. C. Rogers, alias Frank Parsons, ar rested on suspicion of being Implicated in the murder of Saloon Keeper Bert Forney, was arraigned yesterday morning before Justice Ourrn on the charge ot assaulting with Intent to kill Charles W. Letchford. the butcher, at hi, place of' business on South Main on the night of March 3. Rog er, entered a plea of not guilty and hi, pre liminary hearing wa, set for next Monday. In default of ball, placed at $5,000, Rogers was committed to the county Jail, and he was transferred there from the city Jail, where he had been since hi, arrest last Sat urday night. Easter Opening Tonight. Soda! Sodat Soda! At Whslcy Co.'s, 416 Broadway. Our new 20th century fountain la now running in full blast. Whsley's orchestra afternoon and evening. A beautiful souvenir menu of 10 new drink. Real Estate Transfers. Thes, transfer were filed yesterday in tbe abstract, title and loan office of J. W. Squire, 101 Pearl street: Heirs of Cordelia R. Johnson to Oscar L. Uwiun. swVt seV 15-75-40, w. d. .$2,600 Winter Madfcen and wife to Albert Brown, lot 2, Auditor's sublot I, nw sc'i 12-75-40. w. d 100 Fro.i Grebe and wife to Florence Irene Uvll, lot 6. block 21. Ferry add., w. d. 600 Henry tarter and wife to Francis K. Chapman, lot 6, block 14. Kiddles subdlv., v. d 1.660 Grace M. Hanchett and husband to burah McMlcken. lot 6. block 16, Beer's sutxllv., q .c. d 1 County treasurer to A. Hoogewonlng, Li lots 2 and 3. block It Avon. t. d. I Catherine tluanfllu. guardian, to Ma thilda Storm, two-third interest In art lot 1, ne swV &0-7&-4J. g. d 133 George W. Guane la and wife et al to same, seven-ninths of same, w. d... 466 Eight transfers, total ...$5,456 LEWIS CUTLER MORTICIAN. . Council bluff. Peart t 'Phone M. BLUFFS. SUPERIOR COURT 10 MOVE County Board Decide it Need, the Boon in the Court Home. HEARING IN DITCH CASES POSTPONED Filing; of Damage Claims Renders It Kecesaarr to Appoint Appraisers Before County Board Can Act. The city will have to provide a suitable place for the holding of the superior court, as the. board of county supervisors decided yesterday that the county needed the room, in the court house occupied by the superior court for the last fifteen years. The board adopted a resolution calling on the city council to provide and furnish a place for the superior court and it, record, outside of the county court house. When the county court house was erected in 1887 the city was given permission by the then board of supervisor, to occupy what 1, known the south court room and adjoining offices for the superior court for a term ot ten yean. No move ha, been made to dispossess the superior court of these rooms until now when County At torney KUlpack notified the board that the present quarter, occupied by the dis trict grand Jury were Inadequate and sug gested that It be given the large room at the southeast corner of the building now occupied by the Judge of the superior court. The board granted the request snd at the same time decided that the city should provide room for the superior court. It 1, understood that this action on the part of the county board 1, acceptable to the city council a. It will result In the superior court being held either in the city council chamber or In the large room over th, patrol house where police court Is now held. This change will result In the deputy city clerk and clerk of the superior court being able to assist In the work of the city clerk. Ditch Matter Postponed. The hearing In the matter of the pro posed drainage ditch scheme for Harrison and Pottawattamie counties was postponed until the June session of the board. The matter was set for hearing yesterday, but the board learned that in view of the fact that a number ot claim, for damages had been tiled, the law required that it be postponed until the next session and that ' in the meantime the county auditor ap point three commissioners to asses, the damage,. This same action will be taken today when the matter of the Pigeon Creek drainage ditch come, up for hearing, a, a number of claim, for damage, in thla have also been filed. The claim of County Surveyor Cook for $1,000.68 for services as commissioner and engineer in the matter of establishing the ditches and drain, in Pottawattamie county In connection with the proposed drainage scheme of Harrison county, was allowed and ordered paid. There had been some question as to the right of the county to pay this claim owing to the fact that the petition tor an Independent drainage scheme for this county had been thrown out and a Joint one with Harrison county decided upon. No Transcript of Record. Clerk Reed of the district court offered to have the probate record, of the east end of the county at Avoca transcrlpted without cost to the county beyond the expense of furnishing the necessary book, and paying the fare of one of his clerk, to Avoca, but the board declined to agree to the proposi tion. This proposition wa, made by Clerk Reed in view of the fact that a petition that the records be transcrlpted up to date had been signed by a majority of the mem ber, of the Pottawattamie County bar. The board also refused to allow tbe bill of the Globe Publishing company for the printing of the Avoca court bar docket, which was brought up sgaln t yesterday's session. At the request of the Council Bluff, Fish and Game Protective association, the club recently organized by Deputy Fish and Game Warden Brown in this city, the board decided to turn over to it the 1 20 received thi, year for two hunter,' licenses, to help defray the salary of Harry Sims, appointed by the association a. It, caretaker at Lake Manawa, part of whose duties 1, to patrol and enforce the fish and game laws. 81ms, according to the statement furnished th board, is to receive a salary of $40 a month from the association. Supervisor Brandea decided yesterday that he would be unable to attend the good roads convention in Des Moines next week and O. U Barritt ot Hazel Dell township was named as delegate in bis place. These were appointed Justices of the peace to fill vacancies: Center township, George H. Nash; Grove township, George A. Bolton; Macedonia township, T. S. Clark; Mlnden township. John W. Crow; Rockford townshln. Julius Trelfs; Silver Creek township. W. A. Wilbur. The board expect, to complete the bust ness of the April session today and ad journ. Plumbing and heating. Blxby & Son. HEARING BIG LAKE PARK SUIT . Voaocreasful Effort to Shot Ont Attor neys Employed by Park Bonrd. The hearing In the suit of George 8. Wright and George H. Meyne against tha City of Council Bluffs, involving the right ot possession ot certain accreted lands forming part of Big Lake park, waa begun before Judge Wheeler in the district court yesterday. At the outset ot the hearing th, plain tiff, tiled a motion to require the attor ney, employed by the park board to show by what authority, they appeared In tha action. In support of their motion the plaintiffs contended that tbe park commis sions had no authority to expend any por tion of tha park fund for any other pur pose except that of improving the parka or the roads leading thereto. Futher that the city council had not employed any at torney outside the city solicitor and that the appearance of the other attorney, wa, unauthorised. Judg, Wheeler overruled th, motion. The evidence for the plelntlff, wa, all In when court adjourned for th, day. Judge Wheeler has taken under advise ment the application of the Omaha Bridge k Terminal Railway company for an in junction restrslning the Mason City Fort Dodge Railroad company from crossing It track at Ninth avenue and Fourteenth street. The arguments In the ease wer, completed yesterday morning. Board of Review Wtndlua; In. The city couneil expects to complete Its labors as a bo,rd ot review this morning. By the time the assessment rolls are all gone over It is expected there will be lit- j tie, it any, changa txoa th. Agar, re- turned by Assessor Everest. Bom, change. were made In the earlier proceeding, ot the board, but moat ot these were placed back yesterday at the assessor', figure,. It I, not expected that any material change will be made in the assessment of any of the corporations. FIRST OF ACTORS GOES FREE Attempt to Pnnlsh Theatrical People for Playing; on Sunday la a Failure. The member, of th. Woman', Christian Temperance union failed yesterday in Jus tice Oureu's court to convict M. K. Nobtl ette of the "Younger Brother,, Bsnk Rob ber," company on the charge of violating the Sabbath by performing at the New theater on the night of Sunday, March 29. The Jury, without leaving it, seat, brought in a verdict to the effect that the de fendant waa not guilty as charged. Eleven member, of the company were arrested on th, night in question, but It wa, decided to make a test case of the charge against one member and Mr. Noblette was selected as the one to stand trial. He did not ap pear in person and was represented by bis attorney. Emmet Tlnley. The Woman', Christian Temperance union waa repre sented by Attorney J. B. Sweet. The Jury was composed of J. C. Pryor, J. C. Rhodabeck, Peter Jensen, T. n. Met csjf, Alderman Casper and Herman Lef fert. In calling the Jury one well known business man was placed In a somewhat embarrarsing position. His wlfo is one of the leaders ot the local Woman's Chris tian Temperance union, but he 1, not In sympathy with the reform crusade started by It. He told the court he belonged to the "liberal" class of citizen, and after explaining his position was excused from serving on the Jury, evidently much to his relief. Attorney Tlnley for the defense took.the position that the section of the satute under which the warrant for the arrest ot the member, of the company had been issued, did not apply to the case at bar. He contended that there wa, nothing to show that the defendant had done anything to disturb the peace of any individual or a church or that he was performing a work of labor. He contended further tbat the prosecution had utterly failed to show that tbe defendant was not a Seventh Day Ad ventlst and held Saturday as bis Sabbath, which, if it was the case, the statute did not prohibit him from "working" on Sun day. Attorney Tlnley also took the position that the section of the statute was un constitutional in that it provided that the Hebrew and others who recognized Sat urday as the Sabbath, were not prohibited from working on their Sunday while those who recognized Sunday a, the Sabbath were prevented from working on that day and this, he claimed, wa, class legislation. There wa, nothing in tbe statute, be said, to prohibit or punish those who believed in holding Saturday as the Sabbath from working on that day. The hearing attracted a large crowd in Justice Ouren'a court and Mrs. Brown and Mr. Johnston, who filed th, cbarge against tha member, of the Younger Brother, com pany, were accompanied by a large dele gation of member, of the Woman', Chris tian Temperance union. Rev. W. J. Calfee of the Broadway Methodist church, Rev. W.' B. Crewdson of the First Christian church. Rev. James Thomson of the First Congregational church and Rev. Hover were present to lend their moral support to the women. In view of the outcome of this case. It is not believed that the charges against the other ten u,embera ot the company wll be prosecuted. FAUST JURY HANGS THE CASE Falls to Decide Whether Prisoner Killed His Brother and Is Discharged. CARROLL. Ia., April 10. The Jury in the Faust murder case disagreed and wa dis charged today. Charles Faust was charged with the mur der of hi, brother, James Faust, on Decem ber 1L Asks Heavy Dnmngea. ONAWA, la., April 10. (Special.) Two $5,000 damage suit, were filed today for the April term ot court, which involve well known Monona county people. Jessie Perry, a young woman living with her parent, near Turin, brings separate suit, against Ed McClaln and Nellie McClaln, his wife, for personal damages for alleged false, ma licious and defamatory words spoken against her by defendant, in Onawa dur ing the latter part of February, 1903. Plain tiff la the daughter of Oliver Perry, on, of the best known farmers. Bnlldlng at State I'nlverslty. IOWA CITY. Ia., April 10. (Special.) Tbe board of regents ot tbe State univer sity decided to erect a combination as sembly building and gymnasium first, prob ably beginning work next year. A second building will be a combination museum and library. It Is the Intention to use all funds obtained from the legislature's allowance of one-fifth mill tax for the next four years, amounting to $115,000 annually. Plans tor the first building will be sub mitted at th, June meeting. Mayor Pays the Fine. CEDAR FALLS, la., April 10. (Special.) Mayor H. C. Hemenway distinguished himself with bis first prisoner, Henry Mur nln, who wa, brought before htm charged with being Intoxicated. Tbe mayor fined blm $5.85 and then drew the money from his pocket and paid tbe fine himself. He fear, ha ha ,et a bad precedent, however. Fill Appointive Offices. DENISON, Ia., April 10. (Special.) The city counsel bss made the following ap pointment, for tb, ensuing year: Cltyclerk, E. T. Cochran; street commissioner, A. E. Weeks; city engineer, M. M. McHenry; water collector, James Armstrong; city marshal, A. Bowling. OMAHA MAN GETS FAST RIDE Andrua HcBrlde, Hastening Home from Colorado, Haa Swift Trip Over Hosstslai, PUEBLO, Colo.. April 10. What ! ald to be th, record for fait mountain travel ha Just been made by a Denver Rio Grande special train chartered by Andrus McBrlds ot Omaha, to carry him from Alamosa to Pueblo, to enable him to make connections with an eastbound Rock Island train. Tbe run, which took In La Veta Pass, one of th, most difficult pieces of railroad travel in the state, was mads at the rate of forty-one miles an hour. Mr. McBrlde, who was at Alamosa on business, received word tbst bis mother was dying, and be was hastening to her bed side in Omaha. Strikes at Ihff -Toot. Many dangerous diseases begin in im pure blood. Electric Fillers purifies th, blood and cures or no pay. Only 0a. For sal, by K'Jha Co, CAN COLLECT IN ADVANCE Attorney General Benders Opinion of Inter.si to Mutual Ininren, POLICE PURSUE NUDE INSANE MAN State Teachers' Assoeiatloa Will Meet for Rest Sessloa la Dei Moines , Big Damage Verdict la Affirmed. (From a Staff Correspondent.) DES MOINES. Ia.. April 10. (Special.) Attorney General Mullan has rendered to Stat, Auditor Carroll an Important opinion on tbe question of the right of Insurance companies organized as mutual assessment concern, to collect the first year', assess ment at tbe time of issuing the certificate. He holds thai they may make ,uch col lection, and this I, In accord with th, holding of the state Insurance depart ment. The question wa, brought out a, the result of an opinion rendered by blm in December to the effect that such companies cannot collect contingent tee, in advance but only policy and survey fee,. Most ot the mutual, doing business in tha state had been collecting contingent fee, also. A committee was appointed to consult with tbe attorney general and secure either a reversal of the ruling or a modification. The attorney general has now decided that while there Is no question about th. Il legality of contingent fees there 1, nothing to prevent the collection of on, year's aa ressments at the tlm, of issuing tb, policy or certificate. This will satisfy the mu tuals. Without such a ruling it wa re garded a, certain that many ot tbe com panies would have to go out of business in Jowa. A meeting Is to be held here to- L morrow to consider th, changes In plan of organization of these companies In the state to conform to tbe law, a, they are now interpreted. Freak of a Crnay Man. Frank Hilton, a young man about 21 year, old, cam, from Fort Dodge last night and registered at the Chicago house, a mall hotel in De, Molnea. He wa, sent to his room. About 4 o'clock this morning he stole out of the hotel without a stitch of clothing on him and started northward. The hotel clerk was notified and he called for the police. A driving rain had Just commenced falling. The officer, followed Hilton about two mile, to the outskirts of tho city when they gave up the chase. Hilton ran swiftly through the rain, de spite the fact that his bare feet were soon bleeding. He continued hi, way to Ankeny, twelve miles northeast, where be was ar rested by tbe town marshal and returned to the city by the sheriff's officers. No explanation can be made for his sudden insanity. He was completely exhausted when he arrived in Ankeny and sank down under a bench at the Great Western depot. No Guards at Farm Croaalngs. Tbe Iowa railroad commissioners have decided that in ordering farm crotslngs this does not mean that the railroad companies shall put in cattle guards and wing fences so that the road crossing shill be open and free for oattle to paes at all times. Sev eral case were brought before the com mission from Keokuk county In which It was contended that the crossing contem plated in tbe law was one which would not make gates necessary. The commis sioner, found that to compel the railroads to put in the guards and fence, would be a very expensive matter for them and that the ordinary crossing with gates Is all that the commission may order placed In for farm crossings. To- have ruled otherwise would have proved very costly for the companies. School Case la Decided. Some important matter, relating to the Iowa statutes for forming new school dis trict, were disposed of by the supreme court today along with many other decis ions. The case wa one from Story county, where an Independent district had been formed at the new town of Kelley out of parts of two township, including a ub dlstrlct on one side and an independent district on the other. The residents of the old independent district fought the case through, going to the county superintend ent, then to the state superintendent, then to the district court and the supreme court, and they were beaten all the way. Ob- ! Jection wa, made that the old independent i district would be left with less than four section of land, but the court holds this was not a vltai objection, though the laws provide that no Independent district can ; be formed of less than four sections. There waa also the objection strongly urged that a new independent district could not be formed out of part of an old one, but this was found to be no serious objection. The case was affirmed and the Kelley district remains intact. Big Damage Case. The big damage case of Perry against Clarke County waa affirmed. Perry met with a terrible accident. He ran a traction engine upon a bridge which broke and threw him Into the mud, where ho remained for hours burled under the boiler, with steam burning him, and he called for a saw with which he cut off bis own leg and so re leased himself, such was bis agony. He presented a bill for $15,000, and on trial got a heavy Judgment, which was today af firmed. In the case of Luti against Anchor Fir, Insurance Company, from Buchanan county, an Interesting question of fact was at issue. The plaintiff had taken out other Insurance after this policy and the company in defeat of the claim insisted that be bad not given them notice. The court reached tbe con clusion that the notice had been sent -Just a few days before tbe fire loss and tbat the notice was sent back to th. Insured in an envelope in which he bad forwarded tbe notice of loss. Tbe Judgment on th, policy waa affirmed. May Employ Ills Wife. County Recorder Alien of Adam, county bad a suit for extra compensation for help in bis office and secured a Judgment against tb, county for $536.25. The supreme court today reduced this to $441, because the hills for a part of the time wer, not rendered quarterly, a, required by law. A, to tbe objection that the county recorder employed bis wife and there was no evidence he had compensated her, th, court bold, b, doe, not hav, to glv, an account of bow h, ex pended th, money for extra services, so tb, service wa, rendered. In tbe case ot Selensky against Chicago Great Western, a question aros, as to tb, Importanc, ot evidence to the effect that a whistle waa not blown a, against evidence that persons heard It. Th, court hold, tbat a positlv, statement of on, who wa, listening tbst be did not bear tbe wblstl, la as much direct testimony a of on who tated that be beard the alarm. Coart Decision. The following were tba decisions rendered by tbe court today: Daniel and Ouy Ionard, appellants, against A. B. Wakeman, Taylor rounty. Ju1n I'arrlsh; controversy over county bitte; affirmed by Kluliop. U J. Klpley appellant, agalrst W. J. Mc Gavlc, Iee county. Jud Bank; action for an ai oui'tln, ; affirmed by friahop. ill. C Wix.fl, appellant, agalust Edward 1 . . Vv i frt-VS--t'.' ' V t'v " '-ViA frr'P'V -5't.'. ,s;."'i 'A - : y' aa5w r-'i-n T.s- ill V '. 1 Coad, Woodbury county. Judge Oliver: re demption from tax sale; affirmed by Bher win. fella Selenskv asalnst Chlcnro Oreat Western Railway, appellant, Bremer county Judge Hmlth; personal damages; affirmed by McClaln. 8chool District No. 10, appellant, against District of Kelley, Btory county Judge Weaver; affirmed by McClaln. Fremont Gibson against M. A. Hunt, ap pellant, Hancock county. Judge Clyde; commission on real estate; affirmed by the court. William Hamilton against Mendota Coal Company, appellant, Appanoose county. Judge Robert-.; affirmed by Deemer. Guardianship of U L. Gray, Mills county. Judge Thornell; affirmed by Blahnp. Myrtle ,Blsnell. appellant, against Verriie May Bliuiell, Madison county. Judge Wilkin son; partition of real estate; affirmed by Deemer. Estate of Matthias Frohm against John Btaffen, guardian, appellant, 8cott county. Judge Bollinger: afflimed by Deemer. Henry Better against Theodore Becke, appellant, Muscatine county. Judge Wolfe; tax sale of homestead; affirmed bv Deemer. Columbia Ellis against Sarah Newell, ap pellant. Wapello county, Judge Roberts; partition of real estate: affirmed bv Deemer. H. H. Evarts, appellant, against J. T. Evarts, Tama county. Judge Burnha.-u; land controversy: Rffirmct hy W. H. Sleeper against J. L. Murphy, ap pellant. O'Brien county, juukh luicilim....; contract to convey land; affirmed by Sher win. P. F. Condon against Des Moinen Mutual Hall Association, appellant, Wehnter county, Judge Weaver; affirmed by Sher wln. J. H. Lutse against Anchor Fire Insur ance Company, appellant, Buchanan county. Judge Piatt; affirmed by Weaver. F. E. Perry against Clarke Company, ap pellant. Union county, JuriKe Towner; dam ages for personal Injury; affirmed by Weaver. James English, Appellant, aftntnat J. K. Crawford. Monona rounty J urine Wake field; to quiet title; affirmed by the court. C M. Cox against George W. Bunsham, Ju'ge certiorari; liquor permit case; dis missed by Bishop. J. Y. Luke appellant, against Aeiko Koenen, Franklin county. Judge Whltaker; suit on note; modified and affirmed by Sherwln. Len M. Allen against Adams county, ap pellant, Adams county, Judge Parrlxh; to recover for office help; modified and af firmed by McClaln. J. J. Cleaver, appellant, against Elizabeth Mahuke, Butler county. Judge Clyde; con traversv over fence; reversed by Sherwln. I. T. Wlsecarver, appellant against Long A Camp, Jefferson county. Judge Roberts; action for losa of a horse; reversed by La rid. 8. O. Hamilton against M. K. Smith, ap pellant, 8tory county. Judge Whltaker; ac tion on a note; reversed by Ladd. Adam Klefer. appellant, against E. M. Gilbert. Buchanan county. Judge Blair; reversed by McClaln. Teachers to Meet In Des Molnea. At a meeting of the executive committee of the State Teachers' association held here this evening it we decided to bold the next convention, commencing December 28 next. In De Moines. The program was partially outlaid. FIVE MEN ARE BADLY HURT Scaffold Loaded with Mnterlal Falls from World's Fnlr Building at St. Louis. ST. LOUI8, April 10. Five v men at wprk on the Missouri Metallurglc building at the World', fair site were injured, three ot them probably fatally, by the fulling of a scaffold, with several tons ot building ma terial. Injured: Fred Ansllnger, left leg acd side bruised and Injured internally. John Murphy, right sld, bruised and rib, broken. James Clayton, left side Injured, rib, broken and hurt Internally. Jefferson Powers, left arm dislocated and Injured Internally. William Mlnter. three rib, broken and Internally Injured. Ansllnger, Murphy and Clayton ar, the most seriously hurt and may die. At the same time Edward Wachutka, at work on the Transportation building, startled by tbe crash of tbe falling derrick, fell and was crushed by a heavy timber hti waa carrying. BIG WEEK AT ElUs" ISLAND Landing; and Sblpplngr of Immigrants Breaks All Prevleas April Records. NEW TORK. April 10. The heaviest week that the Immigration bureau at Ellis island has aver bad In April and the record ten day, for this part of April ended today, with th, landing and shipping to other places ot 38.074 Immigrants since April 1. Th, record of lsst year lor the first ten days of April was 24.789. Todsy alone there re 10.175 Immigrant, In port to be landed, of which number It has been arranged to tak, off today 7,015, leaving 3,120 on board ship to be landed tomorrow. Commissioner Williams said that there are but few Immigrants detained and a very small percentage ordered deported. The claas arriving is above the average regard ing education and cultivation. A large majority of thorn gs at once to tb, west sad north L 'i THE CHILDREN ENJOY Life ont of doors and out of the frames which they play and the enjoy ment which they receive and the effort, which they make, comea the greater part of that healthful development which ia ao essential to their happiness when grown. When a laxative is needed the remedy which la given to them to cleanse and aweeten and strengthen the internal organs on which it acta, should be such as physicians would sanction, because its component parts are known to be wholesome and the remedy Itself free from every objectionable quality. The one remedy which physicians and parent,, well-informed, approve and recommend and which the little ones enjoy, because of Its pleasant flavor, its gentle action and its beneficial effect,, ia Syrnp of Figs and for the aame reaaon it ia the only laxative which ahould be used by fathers and mothers. Syrnp of Figs is tne only remedy which acts gently, pleasantly and naturally without griping, irritating, or nauseating and which cleanses the system effectually, without producing that constipated habit which results from the use of the old-time cathartica and modern imitations, and against which the children should be so carefully guarded. If you would have them grow to manhood and womanhood, strong, healthy and happy, do not give them medicines, when medicines are not needed, snd when nature needs assistance in the way of a laxative, give them only the simple, pleasant and gentle Sj-rup of Figs. Its quality is due not only to the excellence of the combination of the laxative principles of plants with pleasant aromatic syrups and juices, but also to our original method of manufacture and aa you value the health of the little ones, do not accept any of the aubstitutes which unscrupulous deal ers sometimes offer to increase their profits. The genuine article may be bought anywhere of all reliable druggists at fifty cents per bottle. Picas to remember, the full name of the Company r-vf CALIFORNIA FIG SYRUP CO.-U printed on the front cf everv n.irlr. . - ace. In ord. age. In order to get its beneficial eT - t waya nccess ffects it is at necessary to buy r-i thetentt,M the genuine only. Wtfr Wis?' ;a . for Ph jn :r a - ' Jrf i I a, al I Xi. . a a I CURE VARICOCELE 2vS llourst 8 a. Snadays, lO a. ara m. to H p. na. in. to 12iSO p. as. TO TGgOt. AND UashinMon Cily Ticket Offict, PHONE 316 FIGHT FOR KANSAS FENCES Cattlemen Bitterly Resist Order to Restore Filched Acres to Public. TOPEKA. Ksn.. April 10. Cattlemen In northwestern Kansas will bitterly resist the order ot the Interior depsrtment tbat their fences around government land must come down. A contest is being waged between the cattle owners and farmers, and up to this time the farmers have been unsuccessful In tbelr efforts to have the fences removed. Over 40,000 acres of government land will be thrown open for settlement In Kanss If the fences are taken down. PROFITS INCREASE RAPIDLY Railroads Make More, Although Cost of Transporting Fruit Crowe Heavier. LOS ANGELES. Cal.. April 10 Edward F. Chambers, general freight agent of th, Santa Fe today told the Inlted State, In ternal Commerce commission thtt while tbe ccst of transporting fruit from southern California has Increased 25 per cent since the 11.25 rate became effective in 186, the fruit business baa Increased so enormously x - In one week without the knife or radt-. cal surgical operation, without pain or detention from business, and there are thousands of people who know from actual experience that the statements I make are true. I also treat Blood Poison, Lost Manhood, HydroceU, Piles, Ruptura and Reflex Disorders Under a legal written guarantee to cure perfectly and permanently or re fund every cent paid for treatment. Delaya are dangerous, and If you need treatment at all, you should crept none but tbe most reliable and trust worthy. I can furnish bank or per sonal reference, as desired, and will take pleasure In doing so. Consults- Hon at office or by letter Is free and solicited, whether you want treatment or not. and If you desire treatment the terms will be entirely satisfactory to you. Address COOK MEDICAL CO. 112 South 14th St., Over Dally Raws, Omaha. BE3BI pagf A l324Farnam SI. in th, same period that tha railroads have been able to increa,, tbelr profit, by a till greater ratio. SAGE MAKES BAD LOANS I, Compelled by the Court to MaUe ouie of Then Good to Stockholders. NEW YORK, April 10. Russell Sage bas been called upon to pay 140,000 because hn made loan, at a disadvantage to himself and those b, represented, as chairman of the finance committee of tbe German-American Real Estate Tltl, Guarantee compaSf. Th, payment wa, ordered by Judg, cl dcrslesv, of th, iftprcm, couit. In as ac tion brought by th, receiver of the com pany against Mr. Sage, F. V. Leow, former comptroller of New York, and Charles H Obermayer, all officers of th, financial com mutes of th, company, for $66,000. It 1, understood Mr. Sage paid 140, 000 of the amount and Messrs. Leow and Otr mayer the balance. The action was bat. J on allegations that th committee mafo so many bad loan, that th, company was cu pelled to glv, up business. " Sentenced to lie Haaard. LEXINGTON. Ky , April lrt James W. Bess. convtrtel of killing Mrs. Murtba. Mar tin hsr, Maria . was today sentenced to be bung Friday, June 12. )t t V