t
TIIE OMATTA DAILY BEE: SATURDAY, MAY 2, 1903.
a
r
i :
ATTORNEY IS OUT OF FIGHT
ltfTfrto.a Bays H Will Not Appear
fyfore State Board of Equalization.
I AUDITOR WESTON FILES ANSWER TO RYAN
OO tnepeeto Chareh Takci Char
I OBm All the Hew D
ties are Alio Iwori la
, aad Clerk Samed.
f fFrom a fitaft Correspondent.)
LINCOLN. Neb., May 1. (8pecial.)-J. H.
Molntoeh of Omaha, attorney for the Real
Estato exchange In its fight for the tax
ation of railroad terminal for city pur
pose, wn here tbla morning and itated
that he would not make a fight before the
State Board of Equalization for the equali
sation of taxes.
"I am preparing to leave Omaha sooa,"
lie said, "and It will he Impossible for me
to updertake any more cases. I hope, how
aver, that someone will take up the Qght
and compel the railroads to pay their Just
hare of the taxes. It was urged by the
railroads during the last session of the
legislature that tho value of their terminal
facilities was scattered broadcast over the
read and that all the state derived the
proflta from taxea paid, and while I know
that to be untrue, I hope someone will go
before the state board and see that the
value of these terminals la scattered over
the road. I hope the people will not dis
continue the fight and that thsy will be
successful In getting these corporations
to pay what they should pay of taxes."
Weston Answers II ran.
Stat Auditor 'Weston has filed In the
district court bis answer In the suit brought
by Robert Ryan, who tried to have the
auditor restrained from paying members of
the legislature $5 per day for sixty days.
The auditor first sets up a demurrer claim
ing that the petition does not state suf
ficient, facts to constitute a cause of action.
.Without waiving hl demurrer, admitting
that at the time the petition was filed the
twenty-eighth session of the legislature
waa in progress, and had continued, with
such necessary adjournments from .day to
day as had been declared by It to be neces
aryfor more than forty days, for which
time l'Vfendant as auditor had already ap
proved vouchers and drawn warrant at the
rat of 5 a day for 'each member.
The auditor further alleges that
tinder the provisions of section 4. of article
I, et the state constitution It is the duty
of each session of the legislature, except
special moetings thereof, to remain In ses
sion for at least sixty days for which each
member Is entitled to compensation from
the state In th sum of 15 per day; that
at UfTe time of the filing of the petition
1 the I auditor was engagea in me penor
I maofc e of his official duty, and was about
' to Ldlt the claims and Issue warrants for
1 compensation of the members for th lait
'I twenty days of the session at $5 per lay,
J which session would have xplred by con
j stltutlonal limitation April 1. He prays
i that the action be dismissed and be be
allowed to go hence without costs In this
behalf expended.
! Judge Ryan area ted somewhat of a stir
i among the legislators when h filed th
1 salts and several saver accidents war
narrowly averted In the grand rush to th
auditor's office when th facta become
( known by th legislators. Judge Ryan was
on band early, however, and mads light of
his own attempt to prevent th auditor
front' Issuing th warrants, and assured
tboea who inquired that he had filed no
bond.- Just why he had such a change of
heart at the critical moment was never
learned,
Several tnetnbefs of funketlng committees
at tho late legislature averted humiliation
durlna- th last few day by withdrawing
I' from a oommittee, claims that' they wanted
allowed. , These claims were for railroad
f faro for Junketing trips made by the com
mlttees. Had the claims been presented
to the state auditor he would have refused
to allow them. This because of th fact
that th house, Ip a spirit of economy, on
day passed a resolution that all committee
members who had gone on junketing trips,
and who had ridden on passes furnished
by the railroads, should not draw money
for railroad fare. An effort was made to
have this resolution reconsidered, but It
failed.
Later a committee got together and th
el I ma were filed with the committee. It Is
said. tB the amount of over 12,500. some
on brtachod th matter to the auditor or
to his fflc and evidently a up was given
the leglfiatoTs, for none of the claims filed
with th commute have showed up In
th offlc of th auditor.
"Inspector Chorea In Chars;.
' Edward A. Church, th new oil Inspec
tor, took charge of thst office today. HI
first official act was to reappoint miss
Daisy Smith of University Place stenogra
pber efrd bookkeeper, Miss Smith has been
la the l"ttt during the entire term of Mr.
Hays. or W. Hoyt or .York, w. o. Tempi
ton of Omaha and H. J. Hull of Kearney,
' t newly appointed deputies, came In and
; i Qualified. 8. J. Johnson of Mlnden Is ex
, i peoted tomorrow. In the meantime no
, L deputy has been, appointed to take - the
J place of Fred Sonneacnein or west roini.
') and that gentleman Is holding over. It Is
said that Governor Mickey wpuld be very
j much gratified to let out Mr. Sonneacnein
:4 but as most of that gentleman s country
men have strongly recommended him, the
V governor Is canvassing the situation thor
ft oughly before making any appointment.
.U The last official act of Inspector Hays be
4 fore turning over the property In the office
; was to bold up two more cars of oil and
I 1 a car of gasoline, the property of th
U i
'mil
V
cine tor tne wnoie lamuy it
I long ago learned the first
els regular so I am never without Ayer's Pills.'
Standard Oil company, because none of the
I cars came up to the test as required by
the new law. Bo far nothing has been
done In tho matter and the company la still
awaiting the action of the new Inspector.
Oovernor Mickey was In favor of allowing
the oil to be cold. Inasmuch as It was his
belief that It had been ordered before the
company had been Informed of the enact
ment of the new law. Mr. Church probably
has the same opinion as the governor, but
will do nothing until he get straightened
out in his office.
Meaeariaaj Water In Streams.
Draftsman Hubbard of the Board of Irri
gation Is making plans for measuring weirs
to be placed In all Irrigation ditches under
the provisions of the law which was passed
by the late legislature. The plana will be
sent out to all persons using water from
publlo streams for irrigation. They will
provide a means whereby the now through
each ditch can be determined and thereby
It Is hoped to secure a perfectly equitable
distribution of water.
In practice each ditch will be equipped
with a flume and the ditch both above and
below the flume will be made as nearly level
as possible. This will be accomplished by
placing heavy timbers about 100 feet above
and below the flume. These timbers will be
will be placed as nearly on the level as
possible, and will ensure uniform conditions
of flow. When the water is let Into the
ditch the depth of the flow snd the speed
of the current over th floor of the flume
will be measured with a measuring stick.
If the ditch owner Is not getting all the
water he is entitled to the headgate on the
ditch will be raised until he secures the
proper amount. By the mean of th meas
uring stick then it will be possible to de
termine at any time what amount of water
the ditch owner la entitled to. Under this
new plan It Is proposed to have the gauging
of each canal taken once a year. In the
past a few laterals have been gauged, but
there was no uniformity In the methods
employed. This trouble will be avoided
when uniform measuring boxes and uniform
methods or reading the gauges are adopted.
Court Springs Surprise.
Th action of the supreme court yester
day afternoon In handing down opinions in
several important cases was certainly a
surprise to most of the interested parties
nd to th publlo generally. Th fact that
th court waa to hold an adjourned session
was never given to the press snd not un
til th court adjourned and th opinions
wer ready for publication was it known
that th court had held a session even
around th statehouse. The opinions were
handed down shortly before 6 o'clock and
that was the first Intimation thst the pub-
lie had of the meeting. It was said today
that when the court adjourned at its last
meeting It was to hold another session yes
terday. It is probable, however, that many
of th opinions handed down yesterday
would have come down at th last session
had Chief Justice Sullivan been here. The
chief Justice was at West Baden, Ind., for
th benefit of his health. The handing down
of th opinions was th only business of
Importance transacted.
Th following cases wer decided
Hamilton National Rank avalnnt Ameri
can Loan and Trust Company, rehearing
denied: Dakota CountV flsralniit Rnrrnwibv.
rehearing denied; Fidelity Mutual Fire In
surance Comoanr lirnlnut 1,awa MhAnrln
denied; Omaha Brewing Association against
f.ener, reneanng denied: Zleman aaainst
Bcheel. rehearing denied; McLueas against
St Joseph A Grand Island Railroad Com
pany, rehearing allowed; New Omaha
Thomson-Houston Electric Light Company
against Johnson, rehearlnr rienlert: Rnllav
against Dobbins, rehearing denied; Sawyer
against Bender, rehearing denied; Reed
against Klnsey, rehearing denied; Klrby
against O'Connell, rehearing denied.
'Farmers' and Merchants' Banklnr Cnm.
pany- against Mosher, judgment; Hastings,
oHiiK oi Miner againat iticnmon, lormer
Judgment adhered to; Hastings, C. Dale
against council Bluffs Savings Bank.
former Judgment adhered tot Am c
Chicago. Rock Island P&rifln Kallw.
Company against Holmes, reversed; Pound,
v.. i uiiuniiu Himn rox. amrmea: mm-
Patrick. C. Bee Puhllxhinv Pnmnanv
KmuBb Diiiaiaa, amrmea; manam, tj. lian-
iiww nanmm uenny. reverses; Ames, c
Nebraska Telephone ComDanv nrln
Western Independent Lone- blataneo Ti.
phone Company, affirmed; Albert, C. Bailey
against Garrison, affirmed; Albert, C. Gati-
raoyer ifsinii reierson, amrmea; Found.
v.. mi, BEaiuni tv muigy, . amrmea; ftaet
ment: Albert. C. Storv against ilAmmail
reversed; Ames, C. LelRenrlng against La-
urpix, remiiuiur. iiw.zu in thirty days;
Loblngler, C. Clark against Commercial
National Bank of Colombus afrlrmn1: Old
ham, C. Gutterson against Mayer, affirmed;
Opinions in the following ease will not
be officially reported:
Paul aaafnat Conk, affirmed; Txhlnrlr f
Benedict against T. L. V. Land and Cattle
company, oraer appointing receiver af
firmed; Hastings, C. Anderson against
Drees, affirmed; Duffle, C. Hess against
LelL reversed with instructions to pro
ceed in conformity rwlth opinion; Glanvllle
C. Curtis against McCune, reversed In
structions: Oldham. C Bovler aealn.t Mc
Carthy, affirmed; Pound, C. Emery against
Hanna, amrmea; - ound, C. Anderson
against Hall, affirmed; Hastings C. Waller
against uwranieau, amrmea; Hastings, C
Malln ftnlnlt fiallnr ftl rrr-, a A rM4KM f
Cutter against Woodward, affirmed; Duffle!
Telephone Clnlaa Nwt Gaed.
Th Nebraska Telephone company . will
have to reform It methods In th matter
of crossing the streets and alleys of in
corporated towns and villages without per
mission of th governing boards, but r
lying upon a general law giving it. the right
to use the public roads of ths state.
Th supreme .court has so spoken. The
case cam up from Cass eeunty. In the
town of Louisville th Western Independent
Long Distance Telephone company started
to string Its wires along lines at right
sngles to the old company's wires. The
latter enjoined the independents from do
Ing anything of the kind, claiming that the
stringing of wire above their would cause
electrical contact, Interrupt conversation
and ground their wires. The Independent
people answered that this would not fol
low and also claimed that th old company
4
l remember well when I first
used Ayer's Sarsaparllla, nearly
60 years ago. I was thin, pale,
weak, tired all the time, no appetite,
could not play as the other boys did.
" Since then I have taken it many
times, especially when over
worked, tired out, or nervously de
pressed. Now, all my children and
their children use it. As medi
nas no equal.
great rule of health keep the bow.
i.e. mi oo.,
was occupying th right of way without sny
lawful right to do so. Th district court
sided with the Independents snd the other
company appealed to the supreme court.
In discussing the matter the court says
that It cannot give assent to the claim of
the Bell people that the statute giving
telephone companies the right of way for
pole lines along the publlo roads of the
state permits them to put up their wires
In the streets and alleys of towns snd vil
lages. The usual and common understand
ing of public road Is rural highway. The
legislature undoubtedly had this in mind
when It mentioned public roads In the act,
the popular distinction between publlo
roads and streets and alleys and used the
former 4n the sense generally used and
not In th generlo sence. Had It regarded
th right of way for telegraph and tele
phone poles on the streets and alleys of
municipalities of such transcendent im
portance to the public, say the court, as
to justify the legislature to grant It, It '
not probable that at the same time It would
have clothed the municipalities with ex
press authority to do so.
The court holds that th occupation by
th old company of the streets and alleys
of Louisville Is without lawful authority.
n unauthorized obstruction of the public
thoroughfare as to constitute a nuisance
common law and punishable as such.
The plaintiff invokes the equity powers
of the court to protect it in the main
tenance of a publlo nuisance and In doing
an act punishable under the laws. This
court knows of no Instance where a court
of equity lent Its aid to such end," con
cludes the opinion.
Reverses Damns; Case.
The damage case of George Holmes, jr.,
dmlnlstrator of the estate of one Oakleaf,
was rsversed because of erroneous evi
dence, that was not testimony but conclu
sion, admitted by the lower court. The
Hock Island Railroad company was the de
fendant. Oakleaf was a Union Pacific
wltchman and while at work coupling
some cars a Rock Island engine bumped
string of cars down against th one he
was at. The accident occurred on an in
cline; where a small push would send the
car down the hill. Oakleaf had tried to
make a ooupllng twice and went between
the cars to see what was the matter. Then
the thing happened. The company claims
that he was negligent in that h ought not
to have gone In between th drawheads
at all, as that was unnecessary, and that
at any rat ha should not have turned his
back on ths point where danger lay.
BlaT Snm Is Involved.
Th Tustler estate case was finally de
cided at this sitting. This ha been some
what famous ss a lawsuit, as it Involved
a very large estate, situated in Dane county,
Wisconsin, Omaha and Wyoming. Dr. Fox
was the executor of the will of Mr. Tustler
and later acted as administrator of his
widow's estate after her death. The heirs
did not Ilk his management and there ha
been considerable litigation over It. They
Insisted that certain sums he asked credit
for should not be allowed, and in th county
court of Douglas ' county for Judgment
against Fox for $39,881.74. Fox appealed
to th district court. Her he secured
judgment for $445.65 against th estate. Th
court ordered him to 'ill a remittitur of
$455, and th case really cams to ths su
prem court upon an appeal from this 66
eents Judgment In ths Douglas county dis
trict court.
Th supreme eonrt upholds . Fox in the
matter In every particular, and while as
sertlng th ballet that he ught to have
had Judgment for mor than he got. ar
firms the Judgment of th lower court. Fox
claimed $800 as due him.
Ex-Secretary of the Interior William T.
Vilas cams to Nebraska several months ago
to argue the case oa behalf of Fox, and th
victory is his. . .
Doctor Most Far tor Malpvaetle.
Th Judgment of $1,140 obtained by C. H.
LaCrolx in th district court of Wayne
county against Dr. H. O. Lelsenrtng for
malpractice will stand says th supreme
eouru
Other Salts Decided.
xn attempt or William Lell of Holt
county to have set aside as fraudulent and
void a judgment for $116 in the court of
Justice Westermann of Lincoln failed. Lell
owea J. a. Huaeison of Lincoln on a note
He said Hudelson transferred it to Hess A
bansDury ana tney sued Hudelson and Tti
The latter Insisted he had a perfect defense
to the note and that it was all a scheme to
get Jurisdiction over him in Unri.t.,
county, tar from his home. Th supreme
court says it cannot give him any relief be
cause ne naa an adequate remedy at law
in mat ne couia nave made a special ap
iwarauce ana aeieatea tne action, but he
neglected this, and it Is all day with him
IV.
Th trouble over th estate f in
D. Whttcomb of Saline
In May. 1900, la sent back bv the
cour' tor settlement in accordance with it
lucaa. rmiicomD aireotea In his wjll that
the estate be divided between his five
children, but that the advances to William
and Walter be deducted and the am,...
ou them placed in a furld for their use
during their natural life. A daughter
asked for a partition and a number of legal
questions were at one involved because
of the trust provision. The court directs
that th decree be amended so that the
trust Is carried out and not brusquely set
Biue, as me uisinct court did.
In the case of Storv mini n...n
from Burt county, th supreme court say
that, even though the paper have passed
to an Innocent purchaser, a contraot
wherein a mutual mistake was made may
be reformed.' The plaintiff, it say was
grievously wronged through the mistake of
u. w. con K ling, in writing down that
note should bear 10 per cent Instead of
per cent, a agreed upon, and affords the
relief prayea tor. - ,
Attorney Hut Pay.
Tnomas u. uameon will get his $500
which he paid to Attorney A. Norman to
settle up the estate of the grandparent of
Claude W. Mason. The supreme court so
aeciaea at its seaslon held yesterday.
iuo iwrcuii ui uiauae w . mason sen
arated when the boy was young, the mother
going to 8a o City, la., taking her son with
her, and the father returning to the bom
or bis parents in Valley county. Th
grandparents of the boy died shortly there'
alter, ana later the . rather died. It wa
unknown to tne people of Valley that
Mason had been married, and this fact was
not discovered until som time later, when
A. Norman, an attorney. Interested himself
in the case. He located the mother and
the son at Sac City and at the request of
the Nebraska guardian of the boy, Thomas
B. Oarrlaon, took charge of the case and
succeeded in getting for Claude something
like $2,500 of the estate. . For his services
Garrison paid Norman $500. In Garrison
settlement witn tne lows guardian th
latter refused to endorse this allowance
for attorney fees and suit waa brought
against Garrison to refund to the estate that
amount. The county court, later th die
trlct court, upheld Garrison, and yesterday
the supreme court granted him the $500.
Monthly Cash Balance.
Following is th monthly balance sheet
of Auditor Weston, showing the disposi
tlon of funds st th close of . business
April SO:
General $ a J
Permanent school l.'te.D
Temporary school 834.2J&.S
Permanent university .u3
Agricultural college endowment.... I.K)2
Titmporary university 610a54
t nivervtiy cssn skull)
Hospital for Insane l.4n4 IS
formal interest 1 6u 2)
Normal library 4.1. ill
Normal aodowmsnt Hi.lt
470 03
2 61 47
X.tiU.91
4 1' H (X)
1 715.41
Total $449,411 .si
On hand March 31 41St.(W!i .no
Receipts v XT.
Paymenta Z4.4"3.7)
Suspended aceount HA,2ii.ii
OFFICERS FOR TRAVELING MEN
Seventh Annual Convention lotted
Commercial Travelers at
Beatrice.
BEATRICE, Neb.. Ksy 1. (Special Tele-
gram.) The seventh annual convention of
th United Commercial Travelers waa held
here today. The meeting opened with
prayer by Dr. O. W. Crofts, after which
Mayor Ehults delivered the address of wel
come with response by H. H. Cherry of
Hastings.
At this afternoon's eetslon officers were
elected as follows: Grand counsellor, AV.
Halland, Hastings; grand Junior coun
sellor, E. W. Getten. Omaha; grand pas!
counsellor, J. M. Hirshberger, Wichita,
Kan.; grand secretary, C. M. Crunclcton,
Beatrice; grand tressurer, H. H. Cherry,
Hastings; grand conductor. Otto F. Tappert.
Norfolk; grand page, L. M. Dolan, Grand
Island; grand sentinel, L. E. May. Fremont.
The executive committee comprise F. A.
Bhilling, Holdrege; R. B. Plummer, Lin
coln; C. W. Hlnzle, Omaha and J. H. Rogers,
Fremont.
It was decided to hold the next meeting
at Fremont.
A dance was given In Nichols' hall to
night by Beatrice council No. "9, United
Commercial Travelers, for the entertain
ment of the visitor. About 150 were in
attendance.
riat of Rand In Filed.
BEATRICE, Nob., May f. (Special.) S.
C. Smith, second vice president of thn Kan
sas City, Beatrice & Western railroad, filed
with the county clerk yesterday afternoon
plat of the road as It will run from Vir
ginia to Beatrice. Starting from Virginia
the line runs In a northwesterly direction
to Fllley, coming In on the west side of
that town. From there It runs almost due
west for six miles, and thence southwest
tnto Midland township near the farm of
James Cole. From there the line bear
to the northwest again, crossing Bear
creek and coming In a few rods north of
the Institute for Feeble Minded Youth.
Her the road bears southwest and comes
into Beatrice into the southern part of the
city. Just when construction work will
begin on the new line Is not yet definitely
known.
Chara-ed with Embcsslemcnt.
TORK, Neb., May 1. (Special.) F. M.
Snedlker, the life Insurance agent who wa
arrested yesterday by Sheriff Smlly of Sew
ard county, ha been taken to Seward. He
Is an old resident of Tork. having lived at
this place for seven years. Of late year
he ha been away from York, his family
living here, and for several yeara he rep
resented the Bankers' Life Insurance com
pany of Lincoln. Mr. Snedlker Is charged
with embezxelllng money from a married
couple living In Seward county, whom he
Induced to sign an application tor a life
Insurance policy, taking their note for the
first year' premium. Mr. Snedlker 1
charged with having disposed of this not
and having appropriated the proceeds with
out any returns to the company.
Mrs. Lydlck Gives the Bridle.
HARTINGTON. Neb., May 1. (Special.)
The, Be erred in Its report of April 28,
in stating that the beautiful $50 bridle pre
sented to President Roosevelt while at
Omaha by ex-Congressman 'Mercnr was the
gift of a colored person residing In Omaha.
As a matter of fact it was the g.:t of Mrs.
M. D. Lydlck of this city. Mrs. Lydick
has worked, off and on, for two year upon
this bridle, which is made of the finest
russet leather, with silver bit and buckles,
upon which is engraved the monogram
T. R. President Roosevelt knew of the
bridle and had already anticipated the gift
by a letter of acknowledgment.
Will Try Doaarlas County Jail.
PLATTSMOUTH", Neb.. May 1. (Special.)
John Cresson, who was recently bound
over to the district court on the charge
of robbery from the person of his mother-
in-law, made a vigorous "kick" in regard
to ths treatment he was receiving in the
Caas county Jail. . One of the grievances
mentioned was a lack of "good soap," and,
If It waa necessary for him to be confined
in Jail he preferred being In a "first class"
one In a "first class" city, so Sheriff J. D.
McBrlde took him to Omaha, where he will
remain until district court convenes, and
during that time will learn how prisoners
are treated In the Douglas county Jail.
Kalaon Keeper on sv Strike.
BRAINARD, Neb., May 1. (Special.)
Bralnard goes dry, at least for one day.
The new village board met this morning
for the purpose of granting saloon license.
The price was fixed at $900 for each aa
loon. This the three present saloon keep
ers were willing to pay, but asked the
board not to grant more than the three
licenses. This the board refused to do, bene
all the saloons are closed. All the saloon
keepers and bartenders, headed by the
brass band, took the Elk horn train for
Dwlght, at Which place they celebrated.
Orsaaia Basket Ball Team.
HUMBOLDT, Neb., May 1. (Special.)
Superintendent Hoff of the city schools has
organized a basket ball club among the
young women of the school and city. Great
interest is being manifested In this and
other athletlo work, and It Is being care
fully and studiously fostered, by the county
superintendent and instructors from all over
the county, who are endeavoring to lead
th student to seek a development cf all
their powers.
Liqnor Permits at Plnttsmonth.
PLATTSMOUTH. Neb., May 1. (Special.)
At the last regular meeting of the city
council druggists' permits were granted to
A. W. Atwood, F. G. Frlcke Co., and
Gering aV Co. Saloon licenses were granted
to Philip Thierolf, Hans Gooa. H. H. Reed
Claus Spack, Ed Egenberger, Ed Donat and
Peter Goos. There will be three saloons
less In Plattsmouth this year than there
wer last.
TORK, Neb., May 1. (Speci-l.) Re
monstrance have been filed against the
druggist of thl city by the local temper
ance organization. A few people believe
the druggist' permit ha been greatly
abused and petition the city authorities to
enforce the Slocumb law, believing that If
enforced there will be do abuse of drug
gist permits.
Arrested tor Raialni Blot Maehlae.
BEATRICE. Neb., May 1. (Special Tele
gram.) M. A. Crosby of Cortland wa ar
rested last night charged with operating
a money slot machine. He wa arraigned
In court today, plead not guilty and was
bound over to the district court. H was
released on 1300 bonds.
Barrel Breaks Man's Iar.
NEBRA8KA CITY. Neb., May 1. (Special
Telegram.) J. M. Elrod, an employe of the
National Starch company, was accidentally
Injured In th plant today by a barrel fall
ing upon him snd breaking his leg.
Broach Spoils Boy's Face.
urunni riT v.h u.. i anrlat l
Th lt-year-eld bob of Jo Uubka, a farmer
State library
Penitentiary special labor
Agricultural and mechanic arts..
Agricultural experiment station.
Penitentiary land
Inheritance tax
Big Sale of Men's Fine Top Coats and
Rain Coats Continued Tomorrow
ft
yvwiv
' - "
psli
Youths Suits, sixes 30 to 36 breast measure, at $5, $7.50, $10 up to $20
Boys' Knee Pants Suits in all styles. Prices , $2.50 to $10
A PAIR OF FINE ADJUSTABLE STILTS GIVEN FREE WITH BOYS' SUITS
SsNBS
living several miles southwest of the city,
while leading a 'broncho to water yesterday
was kicked In the face by the animal, th
features being mutilated beyond recogni
tion almost. Several bones were broken
and four doctors wer required to fix VP
the Injuries.
FRUIT GROWERS CHEERFUL
Express Oplnlom That Receat Cold
nap Ha Not Damaged
Frwtt.
HUMBOLDT, Neb., May 1. (Special.)
Many of the local fruit growers are of the
opinion that the recent snowstorm and ac
companying freeze did but little damage to
the fruit crop. It Is claimed that but a
small percentage of the buds are killed and
a the tree were so crowded before, the
thinning out will be a benefit rather than
a detriment. They also claim that the
presence of the snow helped to lessen the
bad effect of the freezing weather.
SIGNAL IS NOT REGARDED
A
Result
Goes '
Paa Haadle
' Into . th
Ditch.
Trala
COLUMBUS, O., May 1. With the danger
block set "against" It Fan Handle train No.
21, bound for Cincinnati, on the Little
Miami division, struck th derail at the
Baltimore aV Ohio croealng on th west side
early today and was ditched.
The Baltimore ft Ohio passenger train
whizzed by a moment later. The Pan
Handle engine and combination baggage and
passenger car were turned completely over
Established 1023.
17ILS0N
17.3ISI.EV.
That's All!
THS
VrWKCm TJISTTLLrNQ
BalUaaera, Hi
CO.
Where Land
Is Cheap
Thousands of Iowa, Minnesota snd Nebraska farmer have
moved to Oklahoma In th last four year. They ar ther
yet and they Intend to stay. They are making aa much
money, acre for sere, as they did In their old home. Th
land Is Just as good, and cost less than half as much.
Price advancing every year.
Take a couple of weeks' holiday sad visit Oklahoma. An
unusually good opportunity I offered by th homeseekers' ex
cursion rate which th Rock Island offer April list, May fth
and UtL
On far, plus $1 for th round trip. One-way rates ar
correspondingly low, tickets and full Information at this offlc.
$7.50 and $9.00 Top Coats for
$10.00 and $12.00 Top and Rain Conta
$18.00. $20.00 and $22.50 Top and Rain
$15.00 Top and llnln Coats for
Men's Perfect
Handsome worsteds, twoeda and liomosptins, hnnd made
holes and hand padded concave shoulders cut In
the very newest styles actual twenty dollar valuea
at
Men's Finest Suits
Made of costliest worsteds and ylcunag by the Rteln-Bloch system, well
known as the finest ready-to-wear clothing In existence at
$18.00, 20.00, 22.50, 25.00
Men's Fine Stylish Spring Suits
The new tobacco brown and gray overplalds and neat plain and fancy silk
mixed worsteds, all cut In the newest styles with jrv ""V
concave shoulders and long, narrow lapels actual 1.J.J.J
$15.00 values-SPECIAL -a-r - w
1,000 Pairs Men's Pure Worsted Trousers
All the newest etrlpea and checks flve
for
Men's Very Fine Trousers
The entire stock of one of New York's very best makers recently closed out
to us at much less than cost every pair Intended to sell at e? aa
$7.00 and $8.00 choice O.UU
Rich Spring Styles for Boy
A wealth of style for youth, boy and child. EVERYTHING conceiv
able In Clothing, Hats, Caps and Furnishings. Unquestionably the most
perfect and comprehensive display to be found In Omaha.
ir4 JxM.k aT0li F7i
Correct Pr 'or Men and
and the day coach back of the combination
car wa dragged Into the ditch, but re
mained upright.
The diner and Pullman car did not leave
the track. Baggageman John Gallagher of
Xenla suffered a fracture of the left arm
snd was cut about the head and face. James
Moran of Cincinnati, fireman, was . badly
Injured Internally, but Jumped to save his
life. Charles Keck, engineer, also of Cin
cinnati, was cut In the leg, but also saved
his life by jumping.
L. F. Dally, an engineer, who was riding
home In th baggaga car, and the new
agent were cut about the head by broken
glass. Th passengers wer Imprisoned In
the train. It being vestlbuled, and many
leaped from the windows.
The Pan Handle train left Columbus at
1:30. Engineer Keck approached the cross
ing cautiously, knowing that a Baltimore
at Ohio passenger train waa about due.
Spark from a switch engine obscured the
signals and the train ran Into the derail
and was ditched.
TO REGULATE MATCH SALES
Ko Oa Wlthoat a Lleease Cast Ei
Give Then Away it New
York.
NEW YORK, May 1. Th new regula
tions regarding the sale of matches went
Into effect at midnight.
No one, unless he ha a license, may glv
sway or sell matches. Retail dealer may
not sell matches with more than 1,000 in
a box, and the splint of matches must be
strong. They must Ignite easily and with
little noise and the heads must not fly off.
Retail dealer must also have their nam
on each box. Violation of this ordinance Is
punishable by a $5 fin.
C. A. RUTHERFORD, D. P. A.,
1323 Farnam Street,
Omaha, Neb.
El
i
S.OO
for ft 7.50
Coats for 15.00
IO.OO
Fitting huits
collars, button-
15.00
- dollar values
3.50
HAND
SAPOLIO
It ensures an enjoyable, invigor -.
atlng bath ; makes every port
respond, removes dead skin,
ENERQIZES THE WHOLE BODY
tarts the circulation, and leaves a .
(flow equal to a Turkish bath.
ALL GROCERS AND DRUGGISTS
THB CARE OP THE HAIR
trMMtld be of tntrt to errefv want. If Or yog)
BieKlM4, It eft be restored te (ta Mftml cUt ,
or saede lay h4e dcttred.
The Imperial Hair Regenerator
la the acknowledged STANDARD RAIB
OOlyOKiyOof OiiiHre. It Is Mtlf ap
PUmL nates the hair soft and iIoht, Is
absolti telj' Uraltu. Baaisl et hair onU
gl fr CwTMjopflsiK snMinuL
Impc-nai Chemical '.o.. li W. rid St., If.
Sold by Sherman & JlcConneli Drug Co
Omaha, Neb.
Ufe Best of
Everything
The Only Double
TracK Railway
to Chicago
The
Omaha
Train
par excellence is No.
6 a to lid train
made up in Omaha
daily at 6:50.
-City Offioe
1401-1403 FARNAM
OMAHA
tel. eaa-eei
8T.
WE PAY GASH
Turn your eld
book Into money.
Tslephon B S867
and our .represen
tative will call.
1 010
"Ye Old Booke Shop,"
Hl FARNAM ST.
PEHHYROYAl' pills
,v rtiI aa tUaalaa.
-Tlt.iMsrtWea. TaLatet,. EerWei
aW at J BaM-U lakatltatlnu a.i 1-.U-.
I UT " ' bum, r M4 41 aa
Boy. H
3&1
at PrM.alw, TaidaU
Mali. Il.tli 1umi. s.lay
ai.aa.Mr l aailaat L-
ran.