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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 18, 1903)
V THT3 OMAIOV -jXAliyf JTJ5E: SATCTTi'AY, ;rtJIjT 1003. CHALLENGE POLICE BOARD Legality of Sooth Omaha Body Questioned in Supreme Court TEST RIGrlT TO USCOF BLOODHOUNDS L irnln Police searching fee Parties Who Have Been Mutilating reun tain Presented llty 7 D. U, Thompim. (From a Stall correspondent.) LINCOLN,' July 17. (Special.) A suit In quo warranto to oust the members of the fire and police board of South Omaha whs Uufur. touay beto.e the supreme court of V-e Biate. An allegation that the law creating the board, which was passed by the last legislature, is unconslltuilonal serves as the basis for the action, which was filed by Attorney General Prout In conjunction with Constantino J. Smyth uf Omaha. Thomas J. Nolan. A. L. Berqulst. William B. Vansanl, Alfred Nixon and George W. Wasson, members of the board, were made defendants, The petition alleges that the law enacted by the last legislature providing for the appointment of the board Is unconstitu tional and that the members of the board for that reason have no power to perform any duties prescribed by the bill passed by the legislature. The last legislature passed the bill after listening to much argument against It and the attack on the measure has been anticipated since the adjourn ment of the lawmakers. The attorney general acted formally In attaching the signature. The petition was prepared by former Attorney General C. J. Smyth, who brought It to the city this morning. Mr. Prout, after he examined the petition, stated that he signed the docu ment because It seemed to make a case for the consideration of the courts. While he will appear In the case on the part of the state the actual work will be done by C. J, Smyth and his associate counsel. The state must necessarily be a party to such pro ceedings, and that explains the appearance of Mr. Prout In the case. Although the new law went Into effect early In the year, the board made no at tempt to take charge of the Issuance of saloon licenses, one of the main duties of the board as prescribed by the bill creating the body. They did. however, take charge of the fire and police departments. The failure to take charge of the saloon licenses was attributed to the fact that the bill failed to pass with the emergency clause. Grounds of Action. Some of the grounds on which the bill Is declared to be Invalid are that It gives the South Omaha fire and police board the power to pass ordinances regulating the granting of licenses, a power also given to the common council of the city. Another conflict Is found between sectlbn 128 bf H. K. 267, giving the council tho power to con trol the fire department appointments, and that embodied in section 63 of the measure giving the same power to the newly created board. It la understood that Mr. Smyth appears for several South Omaha citizens who op posed the new charter bill. The mayor and council of South Omaha are also said to be taking a hand In the case. At the office of the clerk of the supreme court It was said that the case would probably come up for argument in September or October. In the application for a writ It Is stated thit grave doubts exist In the minds of many South Omaha people as to the valid ity of the law, which was house roll 267, and that public Interests require that It be decided by the court whether or not the powers . it purports to , oonyey jre. legal.. I shows -that the defendants pretend to have all the powers concerning the apt pelntment, removal, government and dis cipline of ths.. fire and - police departments. that the provisions of the act are null and void, that the board has no legal existence and that its members are usurping powers not conferred upon them by law. It asks that they be required to show by what authority they perform the functions. Can Bloodhounds Testify t The competency of testimony based on the use of bloodhounds In pursuing crim inals Is attacked In a brief filed In the au preme court today, and the admissibility of such evidence In future prosecutions In Nebraska is Involved In the appeal. The question has never before been presented to the . Nebraska supreme oourt, the only authorities or precedents coming from some f the southern states. ness entered Into by many persona for the purpose of gain, and It Is Important that the status of such evidence be defined by our courts. As no northern and but two of the southern states have passed upon the question we can be enlightened but lit tle by precedent, but In the ruling of the court of the last retort In a northern state will be established. Argament for Aeeased. " tside from the aversion that one must have that a citizen should be deprived of the life and liberty through the action of dumb brutes, handled and manipulated by one skilled In handling them for the sole purpose of gain and whose remuneration and profits depended upon securing the conviction of some person whom his dogs have trailed, we also meet the constitu tional provision, 'that In all criminal prose cutions the accused shall have the right to meet the witnesses against him face to face.' "Is a dog to be placed In a more favored class than the most Intelligent human be ing? Is he to be permitted to give evi dence securing the conviction, of a dozen citizens without appearing In court, meet ing the defendant face to face, subjecting himself to cross-examination, submitting himself to the penalties of perjury, and with no accountability to either man or God? "Writers of fiction and romance," It Is argued, "have woven about the bloodhound a web of superstitious belief in his wonder ful attainments, and unerring. If not Infal lible power. The bloodhound of fiction and mythology has Imparted his reputation to the bloodhound of commerce. This rep utation Is enhanced and maintained by the wonderful stories of the feats of these dogs, as told by their owners and trainers, which have no foundation In fact, and are frequently and usually manufactured to enable them to build up profitable busl ness." Prospecting; for Coal. uown at Dunbar they bare formed a company to prospect for coal and oil in Otoe county, articles of Incorporation for which wert filed at the state house' today. It has an authorized capital stock of 500,000 and Its incorporators are J. B. Llchten- wallner, Thomas Murray, Henry W. Kruse, John C. Walker. John A, Dunbar, T. H. Dunbar, r. R. Roos, C. J. Mullls, A. G. Hamilton, H. P. Anderson. C. F. Collins, F. Haschenburger, A. Waller, Herman Arenas, Charles Marshall and William Hayward. Among this list win be recognised some of the financially strong men of the vicinity disproving government crop reports recently sent out by the Agricultural department wherein the quality and quantity of the Nebraska crop of grain is, according to his notion, materially underestimated. Ills as sistant. Mr. Deapain, will go out over the Burlington on a similar mission, Mr. Bush going over the Elkhorn. They will meet at Alllarve and both return In about a week over the Billings line of the Burlington On the way they will punch up a number of county clerks who have been backward about sending ,'n their crop statistics. Thomas B. Baldwin of Council Bluffs, spe cial agent of the Agricultural department in the collection of crop statistics In Ne braska. Iowa, Kansas and the Dakota, ns In Lincoln today and called at the office of the deputy labor commissioner to discuss the crops. Governor Mickey left today to attend the national meeting of Epworth leaguers at Detroit, at which he will be one of the speakers. He will be absent until Monday. H. C. Wheeler, formerly of Odebolt, la., and In 1891 the unsuccessful republican candidate for governor against Horace Boles, was In Lincoln today and called at the state ofTlces. He Is now a resident of Beaumont, Tex. Congregational Schools The Congregatlonallsts of Nebraska have been building up a system of schools, con sisting of one college Doane' at Crete, with Its academy, and four other academies, one In each quarter of the state, Chadron, Franklin. Gates (at Nellgh) and Weeping Water. Five hundred and fifty-one stu dents were enrolled In the tout academies In 1902-03. which with the 189 students in Doane, make a total of 740 students In the Congregational schools of the state. These academies prepare teachers for the public schools, and young people for college, and afford liberal culture to many others who go forth as Christians to be the seed and strength of home missionary churches. January L 1902, an academy endowment committee was organized to assist In rats' Ing funds to pay debts and current ex penses and provide an endowment fund of $36,000 for each of the four academies. June 30, 1903, reports show the receipt of $31,138 cash and J7.776 1n pledges; total $38, 914. Twelve months, or till June 0, 1904, remain In which to complete the canvass. The chairman of the committee. Rev. G. W. Mitchell, box 1430. Lincoln, Neb., will be glad to give Information and to receive con tributions. Buy Nanea County Bonds. The State Board of Educational Lands TONIGHT EACH The Bie Show Opens for its 8 Days' Engagement at GOURTLAND B Jabour's Circus and Spectacle. 200 People. 50 in Chorus. TONIGHT 4r , SPECIAL TRAIN 17 CARS Cost Thousands to Prepare for8 It. 3 Bands of Music. EVERY Af TERNOON AND NIGHT. RAIN OR SHINE. f '-'.It ? , .. ? The Most Brilliant and Magnificent Display of Fireworks Nightly ever seen in the west. S500 BURNED UP NIGHTLY 15 of the Highest-priced Acts in the Circns Profession. The 100 the Beach Features of in Addition. M'LLE. ROSE BDTTHB. Premier Danseuse. No Extra Charge. I SEE THE BIO SHOW! THEN GET INTO A BATHING SUIT HEAVY RAINS OVER STATE In Bom Places 8torm i Violent and Much T' - Damage is Dune. WOMAN KILLED BY LIGHTNING AT CURTIS Bab She "Was Holding- in Her Arms Escapes with Sllicht Braises Great Benefit to Crops in Most Sections. of Dunbar. Thomas Murray being cashier nd fund' toiaf directed Treasurer Mor of a bank In that town. It Is proposed to tensen to buy mm of an 8SU0 of 0 devote a considerable sum to a thorough ot N,nce county bridge bonds upon their Investigation of the probability of coal or "pproTal by tha a"orney general. The lat oil being found In that section. ter Is a mere formality. The purchase Is It Is stated In connection with this pro- mda upon a basU that wiH alIow the taU Ject that twentv vear. , . nel Per cent The board turned down elghteen-lnch vein of coal was uncovered there In a big cut made by the Midland Paclflo road. It was mined and was con sumed not only by many peopl. still resi dent there, but was also used by the rall- roaa company until the vein ran out wmie it was not a very good Quality of fuel, the fact that It existed In quantities J mat paw for mining It has ever since led many to believe that It was simply an out-N cierk hire In excess of the fees ot the office, the proposition wherein W. E. Barkley sought to sell it 150.000 of S per cent South Carolina state bonds. Ei-Tremrtr Objects. Ex-Treasurer George W. Maurer of Gage county has filed in the supreme court a pe tition In error in th. suit brought against him by the county to recover tome U.325 paid by him during two terms of office for cropping of a ledge from which !t rvi been uiunen ana mat mere must be ru. re In that Immediate vicinity. Vandals Desecrating- Foantaln. The local police' are vowing vengeance upon the heads of the vandals who have beep dismantling the handsome fountain erected by D. K. Thompson on the Elev enth street boulevard just west of the capitoL The large central figure repre sents Neptune bearing a trident, while on the outer circle la a series of water nymphs, These figures are In bronxe and 'the metal la of such valu. a. to offer an inducement to miscreants to' batter off the extremities of the figures, with the evident purpose ot selling me plunder thus obtained as Junk. The police have been unable so far to put a stop to the practice, although keeping a laitniui watch. The fountain was a rift to the city from Mr. Thompson, who Is now United States minister to Brazil, and was erected at a cost to him of several thou sand dollars, Another questionable use to which the fountain has been put Is that It has been converted Into a wading pool for youths of iquatio propensities, and In a number of Instances boys are reported to have been punished bv their mora muscular comrade. by being ducked In the fountain. Even the fair sex is held oulpab!. of misusing the The suit was brought In th. form of an ap plication for a writ of mandamus ' and Judge Letton commanded him "to pay th. money back. He claims that the county had an adequate remedy at law without resort to extraordinary proceedings In equity. All Ready for Chautanqna. DAVID CITY. Neb., July 17.-(Speclal.)- Th. third annual session of the David City Chautauqua assembly commences In this city tomorrow evening. Managers Williams and Gates say that the advanced sale of picket far exceeds that of any previous session. Z. T. Ftndley,- who has chtfrge of the grounds reports that the order ' for tents Is about double what it was last year, Platform Manager Rev. H. It Harmon of Columbus, Ind., who had charge of pro curing the talent and arranging the pro gram, has arrived. Some of the talent who will be here during the entire session of the assembly arrived today. Orgmnise Onltnre Clnb EDGAR. Neb., July 17. (8peclal.) The young people of Edgar have organized culture club, with about 100 registered patrons. A commodious, four-room build ing has been leased and a permanent or gantxatlon effected and all officers elected. . I VV . n Ka... IDA .1 m ha. Uaah fn..nt.ln . . T . .. ., . w uii women oeinir I mi ..j . .nu. n( ih. V "7 . P1 on Mn and da,,y PP vlu always be banter at the dead of night, removed shoe. found on the tables. There will be also a BOOUt in U. DOOl for I -sis. .. .11 will X. g. ( I , ... - 1 VIIIHHIUIU MN a vv.h ava rw ... W ,c",a la" m'""1" 7",le lnelr nala corU "tood throWn open to the pubUo free, August J. sfcf the commission of three burglaries in I by and held the watch to Innnr. I V f JVemaha county and was sentenced to the ful performance of the contract. 1 Reward Is Increased. I J"---'"-"w years, crow Bdlnool Baak P. m.u mtrnt rnil M.h Jul- IT (Bnoll . iucuh, 1 rA MWivni " '-' J a--w . M. J. Holland, who has been r.iv' I The reward for the arrest of Ed Snod the Bellwood bank, which waa wrecked by erass has been raised from ISO to f 1,000. A. it. uouia, me cashier, baa declamd hi. I unoograss is mo man mmw iw enm- first dividend of 6 per cent. Tha bank lnally assaulting Miss Glaaamann. He was which did a largd business with the farmers released under tl.600 bond to- appear for oi northern fcler county, failed in Jan- tr,al on Jul3r 8 ou appear, mis uary. It 1. said that there art bondsmen. Arthur opearroan ana jonn -tv Is now in prison, but his attorneys have appealed to th. higher court for a reversal on th. ground that th. conviction was due solely- to the Introduction of testimony founded on the work of bloodhounds, It be ing shown that 'the animals were placed on th. scent th. morning following th. bur glary, and in eaoh Instance went direct from . u. scene or the crime to Brott's house. Brott's attorneys de clare la their brief that the prosecution rested it. whole case on the conduct of the dogs,- because of which., the brief avers. the conviction was unjust and unconstitu tional from th. fact that Brott was denied the right to face his acousers In open court. "In admitting, over the objection of the defendant," they say, "the evidence of the trailing by the dogs, the lower court took a step contrary to our constitution and In- eompaunie wim numan rights and our present civilisation. In this money-making age, when everything Is running to com mercialism, the tilling of supposed crlrrf Inala by bloodhounds has become a bual. ABSOLUTE SECURITY. BBBBSnaatBBnt Genuine Garter's Littie Liver Pills. Hut Bar aignatuf the j rae wan, weaasae I TsrrssnflsaaMen, MItMisa CAIfllRS u 3nrt MM A --'LI rCX DUZIKCU. rci tiusssms. reiTtspiDUYtx ft. CCUTIf ATICS. rsi tJLiicw tut. rcimcsBruitti assets remaining In the bank, but they are of doubtful value. The small alia of th. dividend demonstrates the skill of Gould as a bank wrecker. He forged paper for eleven years, and the bank, when the receiver took it, was touna to be filled with such col lateral. Gould Is now serving an eight year term In the penitentiary. The Farmere1 bank of Custer countv Broken Bow Institution, which failed more than a ear ago, has paid a dividend of 7H per cent, the last payment having been made a few weeks ago. Aleck Mclntyre holds the record for re ceivers. He was appointed to take charge of the affairs of the C. A. Sweet bank . Palmyra, which failed. more than a year ago, and recently he declared the final dividend, after having saved more than IU.000 out of th. W.00O owing to creditor. About thirty banks are In the hands of re ceivers throughout th. state, but the most or mem are len-over failure. trnm "panicky" times of the early lo-s. Fees ( Baak Examiners. Te state treasury received Its first fee for bank examinations under the new law this morning. The last legislature enacted a law fixing the salaries of bank examiners at fl.tino and requires them to turn all fees I Into the state treasury. .The fee was paid by the Frenchman Valley bank of Palisade. The bank examiners hitherto have' been al lowed all fees up to 12,000 a year. It is said that the fees rarely went abov. that furure secretary Koyse of the banking board la of the opinion that the examiners scarcely ever cleared the full amount allowed under the law. Challls Liven In Lincoln. Henry Challls. the Denver bartender held on th. charge of strangling Mabel Brown a short time ago. Is known to a number of the old Burlington trainmen. eaDedallv those running into Lincoln on the southern division. About six year, ago Challls was a brakeman on the Burlington and made a number of trips Into this city. He was as signed to tha freight service. Hs was quite a boyish-looking fellow and waa well liked by his associates. He spent something Ilk. a year as a brakeman on the southern divi sion, several of his former anaacla.ta not heard a word front him since he left the employ of the road until they read an account of hla arreat In the Denver din. patches on th. charge of murder. Inspecting; Nebraska Croaa. Deputy Labor Commissioner Bush leaves tomorrow for Crawford and intermediate points to tnspeot th flalda with a rtW of of here, seised Mrs. Laeptlne, bound her hands and feet and gagged her, after which he robbed the house and fled. It la not known how much he secured. The children had taken lunch to Mr. Laeptlne In the field and when they returned they released their mother. The assailant was a man of middle age, light mustache, gray clothes and weighed about lfiO pounds. Sheriff McEvoy went to the scene last night and commenced a hunt for the man. Different towns have been notified and it Is thought the fellow will be captured soon. CURTIS. Neb.. July 17. (Special Tele gram.) During a violent thunderstorm laBt evonlng Mrs. John Peters, wife of a farmer living about six miles southeast of Curtis, was struck and Instantly killed by light ning which entered the house through the sod wall near the eaves, striking Mrs. Peters between the shoulders. A little baby held by Mrs. Peters escaped with slight bruises. KEARNEY, Neb., July 17. (.special xeie- gram.) The storm last night waa very severe in . this section, two and a fourth inches of rain falling, accompanied by hoavy wind, which did more or leas damage to trees and outhouses. The corn was broken down, oats and wheat were badly damaged. Farmers will be put to consid erable inconvenience cutting grain, but ac tual loss will be small. Heavy Rain. In Cass. PLATTSMOUTH, Neb., July 17. (Special.) A heavy electrical storm, accompanied by heavy downpour of rain, visited this vicinity last night. The rain was of much benefit to the growing . crops and vegeta tion of all kinds. Great n.lp to Corn. SCHUYLER.' Nab:.". July 17.-(Speclal.) Two Inches of, rain 1 feR here last night after midnight, and Indications were that It was much more thanlocal In character.. This will- be much appreciated, as In the east central portion of " the county there was great peed of rain. Utile having fallen since th. excessive fall in the spring. While considerable damage will result to small grain, especially uncut wheat. It Is superb for corn, almost certainly Insuring the crop. Corn has made such wonderful progress during the last three weeks that many talk of there being as much corn as ever, but this cannot be, as there are hun dreds of acres but barely large enough now to plow. ST. PAUL, Neb., July 17. (Special.) Another violent windstorm, accompanied by fierce thunder, lightning and rain, paused over her. shortly after midnight. Reports received this morning indicate that the storm was-general over Howard county. Act ' on Ditch Petitions. FREMONT, Neb., July 17. (Special- The county board has been working on dl'rh propositions so far this week. The petition of M. J. Lor kins and others for a ditch In the southeast part of XUkhorn township was allowed and the Hlnman ditch in the northern part of the township ordered cleaned and enlarged. Action has not yet been taken on several other propo sitions before the board. A bill of th. Standard Cattl. company for 11,000 for cleaning out the main cut-off ditch has been on file for over a year. A motion to allow It at (300 waa defeated, as waa a motion to disallow It. It is claimed by the opponents of the bill that the company was never employed to do the work. t SMOKING CAUSE OF DEATH Victim I.ivee, However, to Bo Eighty Nine Years Old In gplte of It. KALAMAZOO. Mich, July 17. William Patterson of this city Is dead in his 80th year as the result of excessive use of tobacco. His tobacconist, from whom he bought exclusively, gave out the statement, after his death had been made public, that in twelve years Mr. Patterson smoked more than 48,000 cigars, which cost him 4,800. In early life he was an even more con stant smoker than In his declining years, and local cigar men estimate that In the last twenty years of his life he had .-noked 100,000 of bis favorlto brand, which would cost him $10,000. Mr. Patterson was a pioneer stage coach man of the middle west, having established the first stage line between St. Paul and 8t. Anthony, Minn., along the bank of the Mississippi river. He also established the first stage line between Grand Rapids, Mich., and this city. Try for New Court Haase. WAHOO, Neb., July 17. (Special.) A proposition for a new court house In Saunders county Is to be submitted to the voters on Thursday, August 13. A special election has been called by the Board of County Commission ers. The present building is a large wooden structure and the valuable records axe liable to be destroyed in case of fire, as the vaults are not fireproof. The county haa for years been paying out rental for offices for the county court, county at torney and county superintendents, aa there is rio room, at the present oourt house. The bonds are for $86,000. Divide Lighting; Contract. NORFOLK. Neb., July 17. (Special.) The city council last i.lght accepted the lighting propositions of the Norfolk Electric -Light company and of the Norfolk Gas and Fuel company for street lights and the entire city will be Illuminated Saturday night for the first time in its life. Many sro lights will be used in the business district and gas lamps will disperse the darkness in the residence portions. This is the end of long war that haa been a prominent question in municipal politics for many years. Bnodgrass, paid the bond, but a few mln utes later withdrew it Suit has been brought against the bondsmen by Sarpy county to recover the amount. Oharaed with Beating; HI Wife. BEATRICE, Neb., July 17. (Special.) . S. Moose, a barber, was taken in charge by th. officers last night on a charge of beating hla wife and lodged in the county Jail. Ha waa arraigned in county court yesterday and plead not guilty. His pre-. Umlnary healing was set for today at 9 o'clock and hla bond waa fixed at $200. In default thereof he was remanded back to Jail. Moose is addicted to the use of morphine and is said to be quarrelsome at times. . Barn is track by Lightning. TEKAMAH, ' Neb., July 17.-(Specla!.) A barn belonging to Bert Breed, living one and a half miles northwest of Tekamah, waa struck by lightning this morning. Two horses were killed and Breed, who was In the barn, waa knocked down and rendered unconscious for some time. The barn was set on fire, but on account of the heavy downpour of rain and prompt action of ether parties present the fire was put out without serious damage to the building. Vote on School Bonds. WAHOO, Neb., July 17. (Special. )-A.t a recent meeting of th. Board of Education Of th. city of Wahoo It was decided to bold a special election for the purpose of voting bonds to the amount of $8.0CJ for the erection of a school building in the west ward of this city. The election Is to be held Wednesday, August a. The present school building is a frame structure and la too small. Damage to . Small Grain. S HELTON, Neb., July ,17. (Special.) This section . waa visited between 11 and S o'clock last night by the worst wind, rain and electric storm of the season. Four Inches of water fell, and the wind blew all crops flat to the ground. Many limbs were blown off the trees, and some damage to build ings. Corn will straighten up, but small grain will be damaged consider able. Harvesting la Just commencing and the heavy rain coming at this time will delay the work several days and will result In quite a loss in many fields.. FREMONT, Neb., July 17. (Special.) A severe thunderstorm . passed over thil vicinity about . 2 o'clock this morning, Lightning struck the west side school building, running down tha flag staff and damaging the roof considerably. Large branches were blown oft trees In all parts of th. city. Three young men who room In a business block and to escape the Intense ) heat of the night, were sleeping on the grass in the park, had a narrow escape, a tree under which they were sleeping being blown down. A derrick belonging to Morse & Neman, at their sand pit west of the city, was blown over onto the railroad tracks. It waa one of the hardest storms of th. season. About three-fourths of an inch of rain fell. DAVID CITY, Neb., July 17.-(Speclal.) One of the hot viest rainstorms ever wit ncssea nere, accompanied" with a strong wind, passed over this city about 1 o'clock this morning. Fully two Inches of rain leu. imo reports hav. com. In from the county yet, but It is generally believed that th. small grain that has not been cut Is damaged considerably by being blown down. Heavy Rain nt Rashvllla. RUSHVILLE. Neb., July 17. (8peclal Tel egram.) Heavy rains last night have In jured the track between here and Hay Springs. Passengers had to be unloaded here. Lightning struck the town telephone system and tbe central office is knocked out. Iron for Federal Building;. NORFOLK. Neb., July 17. (Speclal.)-The Iron columns for which officials at the gov ernment building have so long waited are her. at last Work will b. Immediately pushed and within three weeks' time, ac cording to Superintendent Williams, the second story will rise heavenward. A big force of men were set at work today. Brakeman Haa Hand Crashed. BEATRICE. Neb.. July 17. (Special.) . A. Curtin, a brakeman on the Rock Island road, had his right hand smashed while coupling cars in the yards her. yesterday. Dr. Bradley, the company phy sician, dressed the young man's wounds and h. wa. sent to hla horn, at Horton, Kan. Bnrned by Gasoline. FAIRBURY. Neb., July 17.-(8peclal. Mrs. Howard, wife of the engineer of the steam laundry, attempted to fill the tank of a gasoline atov. while It was burning. An axploelon followed and Mrs. Howard managed to thro-r th. burning stove out doors, but waa seriously burned while do- lag ao. gome Oppose Pavlag. YORK, Neb.. July 17.-(Speclal.) The paving committee has selected committees to circulate petitions which have b'en drawn up for signatures by property own ers owning abutting property on streat proposed to be paved. Th. committee Is finding several surprises. Owners of abut ting property whom they thought aurely would favor paving refuse to sign and are making a campaign agalnat paving, and those having property who have not al waya been Identified, with Improving and promoting Interests for the general good of th. city are signing th. petition. After the petition is circulated there will be general petition clrculuated for all real as tat. owners In the city to ascertain the general wishes of property owners of York. Printers' home. He was well known aa a newspaper man ot Milwaukee, St Louis and Chicago. Charles Berrlck. . BUFFALO, N. Y., July 17. Charles Ber rlck, a millionaire contractor and builder of this city, is dead from a surgical operation. DEATH RECORD. Charter for Eagles' Lodge. NORFOLK. Neb.. July 17. (Special) The charter for Norfolk's aerie of the Fraternal Order of Eagles arrived yesterday from Seattle and the lodge held a special meet ing tonight for the receiving of the docu ment. The order has a large membership and has been organised for several months, running without the real charter. Stock Yards for Fairbnry, . FAIRBURY. Neb., July 17. (SpeolaL) The Rock Island haa bought, twenty-two I acres out of the Shearon farm west of the city a id will build large stock yards and establish a feeding station. The balanoe . of the same farm haa been bought by the j stock superintendent of the same road and will be seeded down to alfalfa. Held for Wife Beating. BEATRICE, Neb.. July 17. (Special Tele gram.) F. S. Moose, charged with whipping his wife, had his preliminary hearing in the county court today and was bound over to the district court In the sum of KX, in default of which he was sent to the county Jail. Bridge Gangs Go West. NORFOLK, Neb., July 17. (Special.) All bridge gangs of tha Northwestern com pany in Norfolk were sent west at an early hour this morning to help In repair ing a long bridge near Hay Springs, which was sent out by a severe waterspout last night Small Grain Good Crop. DESHLER, Neb.. July 17. (Special.) The wheat harvest la about completed. The crop Is fine and owing to dry weather la well taken care of. The corn crop la very back ward and la bound to be a amall crop. FIRE &C0RD. ' port Arthnr Hotel Destroyed. BEAUMONT. Tex., July 17. Fire today destroyed the Sabine hotel and auditorium at Port Arthur. The buildings are the property of the Port Arthur Town Sit. com' pany. Tha loss la $100,000, partly insured. Fire. la Denver. DENVER. July 17. McPhea at McGIn nlty'a paint, oil and glass warehouse at Eighteenth and Waxes streets burned to. day. Loss estimated at $300,000; covered by Insurance. Mrs. William Songster. EXETER, Neb., July 17. (Special.) Mrs. William Songster, who lives south of town a few miles, died very suddenly yesterday morning at her home. She had not been strong, but was preparing as usual to rise and dress with the family. She was sitting on th. edge of the bed and asked her niece who was with her to bring her a glass of water before she dressed. Th. girt brought it and left . the . rocun . again to attend to breakfast Finally, hearing no sound and thinking that it took her aunt an uncom monly long time to dress, the girl went to the bedroom door .and found Mrs. Songster still sitting ln the same position on the edits of the bed. Alarmed, she called Mr. Songster, who Immediately upon seeing his wife knew that she. was dead. The funeral will be at 2 o'clock at the Baptist church Saturday afternoon. William Bllnoow. M'COOL JUNCTION, Neb., July 17. (Cpecial.) Word has been received of the death of William Blincow, a former pioneer farmer of south York county, who was well and favorably known In the early days of the settlement of this county and who waa honored by official positions during his residence here. The deceased rendered aa- slsltance In the organization of this county and owns a large tract'of land on the Blue river east of here. About ten years ago he with his family moved to northwestern Kansas and ehortly after his resldenoe ik.r. ha was elected county Judge and served continuously. Two eons of the de ceased live In this county. Mr. Fred BUn cow Uvea six miles east of McCool. Fred Welirbeln. PLATTSMOUTH, Neb., July 17. (Special.) Fred Wehrbnln, 65 years of age, died at his home six miles west of Plattsmouth, after a short illness. The funeral services were held at the residence of the family this afternoon and Interment waa In Oak Hill cemetery- The deceased had resided in this county for thirty-one years. He leavea wife and five children, on. being Mra August Gorder of this city. William Kltke. NORFOLK. Neb., July 17. (Special.) William Kltke of thla city died yesterday from typhoid fever . and the funeral was held this afternoon. A pitiable condition ot affairs exists at the home. The wife has benn bedfast for three years and was un able to attend th. funeral, th. father is paralyzed, an aged mother lives at the home and there are five little children. ' Mrs. Ellen Morrison. BEATRICE. Neb., July 17. (Special.) Mrs. Ellen Morrison, wife of J. L. Mor rison, died at her home in this city yester day afternoon after an illness of five months, aged 66 yeara. She had been a resi dent of Beatrice for twenty yeara Besides her husband she leaves a family of tour children. Th. funeral waa held today at 11 o'clock. John B. Kendle. HASTINGS, Neb., July 17. (Special Tele gram.) John B. Keadle died today of can cer of the stomach. Funeral services will be held Sunday afternoon. Five thousand dollar of his money, it la said, has been bequeathed to the young women who has been his housekeeper. Albert Claanpltt. BEATRICE. Neb., July 17.-6peclal.) Albert Clampttt died at th. horn, of his son, C. C. Clarapltt, five miles southeast of the city yesterday. He waa 79 years of age and hla death waa caused from peritonitis. Th. remains were taken to Falrbury today for Interment k .Dead at Printer's Home. COLORADO SPRINGS, Colo.. July 17.- Jaraes A. Boyd, aged 72. is dead at th. BIG LAND CONTEST SETTLED Government Geta Coal Ratea for Land Entered ns Stone and Tlm hep Locations. PUEBLO, Colo., July 17. By th. compro mise of the largest land congest ever in th. United States land office In this city, the United States government will be paid many thousands of dollars for several thou sand acres of valuable coal land in Las Animas county that had been entered aa timber and atone locations and under other acts. Although nominally the contests were be tween private parties, it waa In reality a fight between the Colorado Fuel and Iron comiany and the Victor Coal company on one side and the Union Fuel and Iron company on ther other. Other proceedings that have been Instituted have been discon tinued and representatives of both corpo rations are buying fiom the government at coal land rates, $20 per acre. Moat of the land In questloa has been en tered at $2.50 per acre. May Foreclose Mortgage. NEW YciRK. July 17 Judge Klrknatrlck. sitting In the United States district court, signed an order on application of counsel representing the Mercantile TruBt company of New York, permitting that corporation to foreclose the $16,000,000 mortgage of the United States Ship Building company held bv It as trustee for bondholders. The petl-' tlnn read to the court sets forth the do- fault In payment of the Interest charges due early in July. r..e petition may oe niea with any United States district court and day will men d nxea ior argument ny counsel for -and against the allowance of the foreclosure. Recelver.'James Smith, Jr., will oppose the suit. The only popular-priced cafe in Omaha supplying fish, steaks and the best In town at reasonable prices. Blue Kibbon cale, 115 Farnam street ' FORECAST OF THE WEATHER Fair Today amd Tomorrow, Warmer In Nebraska oa Sunday. . with I Gag;. Woman and Hebe Hease. PAPILLION, Neb., July 17. (Special.) Yesterday afternoon a tramp entered the home f August Laeptlne, five mile west Marries Servian Prtnee. NEW YORK, July 17. Information haa baan received here of the marrlaae of Bar om-sa de Vrlere, only daughter of the late Hevward Cutting, to Waldemlr at conatan tlnovlch. s Servian prince. The wedding took place In London. The groom Is said to be a distant relative of th. lat. King Alex ander. WASHINGTON, July 17. Forecast: For Nebraska and South Dakota Fair Saturday; fair, rising temperature Sunday. For Iowa Fair Saturday and Sunday. For Illinois Fair In north, showers and cooler In south and central portlona Satur day. Sunday, fair, freah northwest winds. For Kansas Showers and oooler Satur day. Sunday, showers. For Colorado and Wyoming Fair in west. showers In east portion Saturday. Sunday, fair, warm. For Missouri Showers and cooler Satur day. Sunday, fair, except showers In south east portion. For Montana Fair and warmer Saturday, Sunday, fair, axc.pt showers in west por tion. Local Record. OFFICE OF THE WEATHER BUREAU. OMAHA, Jnly 17. Official record of tem- reratur. and precipitation compared With he corresponding day of th. past three years: 1903. 1902. 1901. 1900. Maximum temperature.... 7 87 98 76 Minimum temperature.... M 66 78 66 Mean temperature 73 76 87 (6 Precipitation 73 .63 .00 .00 Record of temperature and precipitation at Omaha for thla day and since March 1, Normal temperature 74 Deficiency for the day $ Total excess since March 1 $7 Normal precipitation.., 15 Inch Kxceas for the day 67 Inch Total rainfall since March 1 13.20 lnchus Deficiency since March 1 4.27 Inches Deficiency for oor. period, 1902 68 inch Deficiency for oor. period, 1901.... U SI inches Report, from Stations at T P. M. CONDITION OF THE WEATHER. Omaha, clear... Valentine, clear j-vwnii nan, clear...... I Cheyenne, raining ! Bait ijike city, clear j Rapid City, cloudy... Huron, oiear I Willlnton, clear. St. Liouls, clear Ht. Paul. Dart cloudy Davenport, part cloudy.... Kansas City, part cloudy.. ! Havre, part cloudy Helena, cloudy i Bismarck, part oloudy Galveston, part oloudy 'IP- I a s g g c : S 3 : g 8 ':. : i i : 75 79 .83 74 7 .00 74 7X ,00 6K '66 .01 7 In .00 6d 74 T In ti T 74 74 .00 6i 7 .73 8x W T 74 76 T 74 7H .48 f2 U .00 74 80 .00 6K 74 T 72 74 .00 112 86 .00 T Indicates trce of preclnltatlon. L. A- WELSH, Local Forecaster. r Bi&irerihioea When you want a quick cure without any loss of time, and one that is followed by no bad result, use Cb&mberlaia's Colic, Cholera amd DUrrhoea Remedy It never fails and it . pleasant and safe to take. It is MmiHf valuable for rhiLiren. If M famnna for ft nim 5) over a laree part of the civilized world. ,