I THE OMAIIA DAILY TJEE: TTJESDAT, JULY 21, 1003. f S REFUSES TO CASH WARRANTS But Treainrer Holdi On to Money in Per manent Bohool Fond. LEGISLATURE CANNOT APPROPRIATE IT Accident Reveals a Pathetle Story sf a Vonm'i Placet In Adver sityRailroad Agent la the Toils. (From a Buff Correspondent.) LINCOLN, July 20. (Special.) State Treasurer Mortenscn does not propose that the legislature shall hereafter assume that It has any right to make appropriations from either the permanent school fund or the permanent university fund. During the last session the legislature sought to Include In II. R. 446 several appropriations for the repayment to county treasurers of sev eral amounts erroneously paid In by them to be credited to the permanent school fund. In the bill the claims against tne permanent school fund are as follows: Tred Lohmkuhl, 1148.43; P. McGinnie, $16.08; P. D. McCormlck, $87.02; C. F. Bcharman, $4.37. One claim was allowed against the permanent university fund amounting to H0.60, In favor of M. E. Butterneld. Re cently the auditor drew warrants for the above amounts, but Treasurer Mortensen, In a letter received by Auditor Weston to day, refused to countersign them, and sets forth the reasons as follows: In the matter of countersigning these certain warrants I have carefully examined the constitution and laws pertaining to these funds and am of the nnlninn that th legislature had no authority to pay these claims as proviaea in M. K. 46, out or the above named trust funds, If the leir- Inlature had no lawful authority to nmka the appropriation to pay these claims out of the permanent trust funds, the warrants cannot be paid if countersigned, but the act of countersigning them would be taken and considered an acknowledgment that the warrants were a legal liability against the state. The se.rlous question therefore is, has the legislature authority to appro priate the permanent school fund? I under stand that it la claimed by you, and others, that because certain county trenourers by mistake paid this money Into the perma nent school fund, the amount so paid by mistake Is not permanent school money, and therefore can be taken out by the leg islature as a claim against the state by appropriation. It appears to me that by the act of attempting to appropriate the per manent school fund It was admitting that this money, which was erroneously p:tli Into the treasury, and also Into this fund, Is a part of the permanent school fund. If It Is not In the school fund It cannot be taken out, even by appropriation. The supreme court, in State ex rel.' Nor folk Beet Sugar Company against Moore, 60 Neb. 88, says: "An appropriation within the meaning of our constitution Is a setting apart by law of a certain sum from the public revenue for a specific purpose, so that the executive officers are authorized to expend that sum, and no more, for that purpose and no other." I do not consider the permanent school fund public revenue within the meaning of the above defini tion. The supreme court. In State against Bart- Vy, 89 Neb. 864, after reciting at length mctlon or article vui or tne constitution, nays: "The foregoing provision prohibits the loaning or Investing or any moneys he longing to any of the permanent educa tional funds of the state, except on United States or state securities, etc. The mon eys In these several funds the constitution has Impressed with a trust character, and the legislature Is powerless to authorise them to be devoted to any purpose not within the scope of the constitutional pro vision quoted.'' Bee also City of Hastings against Thomas, 8 Neb. 153, and Roberts against Keeder, B Neb. 206. In State ex rel. Crounse against Bartley, 40 Neb. &8, the court In syllabus says: "Hy section 1, article vlll, of the state consti tution, the sole power to manage, loan and Invest the permanent school fund of the state Is lodged with a board composed of the governor, secretary of state, treas- urer. attorney general ana commissioner or publlo lands and buildings, and said 'board cannot be deprived of its functions by leg Ixlatlva enactment." In the body of the opinion, on page 303, the court, after reciting the above consti tutional provision, says: "The authority thus conferred upon the board of comml.a rloners, or Board of Educational Lands and Funds, as it is usually called, the legisla ture Is powerless to take away." Tha Board of Educational Lands and Funds and not the legislature appears to have "tha sole power to manage" these funds. The attempted appropriation out of these funds to pay claims for money over- riald Into the treasury was, In my opinion, n violation of section 1. article vlll. of the constitution, and therefore null and void, and for this reason I must decline to count .ralm the warrants, which are herewith returned. Section 164 of the 1901 revenue law pro vides: If nv county treasurer shall have paid or may hereafter pay. into the state treas ury, any greater sum or euinn ui money than are legally and Justly due from such r,nrtnr. after deducting abatements and commissions, the auditor snail Issue his warrant for the amount so overpaid, which shall be paid out of the fund or funds so V overpaid on sam wanum. F Reveals Bad Story. ' Unusually pathetic Is the life story re vealed In this city today by the misfortune which befell Mrs. Charles Tierce of 2407 O street, who sustained painful Injuries In an endeavor to avoid a conflagration In her home. Bhe had placed upon a gasoline stove a pan of paraffins, which she In tended to use in the making of some arti ficial flowers. While It was melting sho had ber attention attracted to a dog that appeared to be mad In the hall just out side her rooms, and In the ensuing ex cltoment she forgot the parafflne until she turned to discover a' blase. Flames were reaching almost or quite to the ceiling. In a frensy of fear for herself and her two little children Mrs. Pierce grasped the flaming pan and rushed with it to the front window, which opens Just above the sidewalk, and to avoid Injuring anyone who might be passing, she held to It until she had peered down to see that she might not throw it upon the heads of anyone below. Finding the way clear she threw It into "If eyes were made for seeing, e Then beauty is its own . excuse for being " , ., . Emerson No excuse Is reeded for the beauty residing in , Gorham Silver for it is beauty of the very highest order, hosed as it is on the basic principles of true Decorative Art. Un derlying all the Gor ham productions is sincerity of purpose, absence of meretricious ornamentation, and soundness of workman ship. That is w hy for three generations it has htld the esteem of peo ple of taste. All tespeasiMe JewcUrs keep It . ft -- TtRLINa I the street, but not until she had suffered painful burns about the hands and face. Borne of her neighbors came at once to her rescue and a physician was summoned, who dressed her wounds. Luckily she was able to keep her face pretty well out of the way of the flames, but her hands were burned to the bone, so that she lay during the forenoon upon a bed of excruciating pain. The case of Mrs. Pierce la one- which must appeal with striking force to those who are given to compassion for the misfor tunes of others. Her story of hard luck Is calculated to disclose to anyone who hears It some Inkling of the amount of pluck that may be wrapped up In one frail human form. Bhe has only been In Lincoln some three weeks, and her recital of the way in which she, got here Is full of Interest. According to her story she and her hus band were living In a farming community nenr New Tork city. Her husband was a farm hand, and they had two small chil dren, a boy aged about three and a girl somewhat older. Mrs. Pierce said that the was suffering from consumption and had been advised to come west for relief. She and her husband endeavored to accumulate enough money to enable her to do so, but it was slow and discouraging work. At length, however, they found themselves In possession of $15 and she determined to wait no longer. With $10 of this money and the two children she pulled out of New Tork far the unknown west In search of better health. It waa understood that she should travel by easy stages, going ss far as her supply of money would carry her and there endeavoring to secure tem porary employment for board of herself and children until her husband could earn and send her more money. After getting started, however. Mrs. Pierce determined to come on through as rapidly as she could, and In this way she lost track of her husband, who was sup posed to be about to follow her. She was helped from place to place by the authorities, and Just before she reached Omaha a collection was taken up on the train for herself and children that netted her a handsome sum. When she reached Lincoln she had $9, with which she determined to establish a home until she cou'd hear from her hus band, from whom she has not heard how for five weeks. She bought euch furniture as was absolutely necessary and rented two rooms In the Hughes block. She has made some money since she came here by making artificial flowers and selling them, at which she Is proficient, and she has some orders ahead which she waa preparing to fill when the misfortunes of this morning came to swell the sum total of her dis couragements. Peaee at State Honse. The dove of peace once again hovers over the great white dome of the state house. The pure food commission, which has been embattled against the state library commission, has finally perfected an entente cordlale with He antagonist and the rooms on the third floor which have been the bone of controversy will be divided, one part to be used as a food commission laboratory. while the library commission gets the lion's share of the space. Railroad Aaent la the Tolls, For three years the agent of the Bur lington railroad at Endicott, Neb., R. A, Karpfetter, has been acting as "fence" for a band of silk thieves in the disposal of the plunder, escaping detection until today. The gang has systematically robbed dry goods stores in southern Nebraska, opera ting In a territory 300 miles in extent. The thieves stole silk goods only, hiding their plunder In out of the way places and later shipping the stuff to the Endicott agent who succeeded In disposing of the goods at good round prices. Merchants who pur chased the silk from the agent invariably were told that the goods had been slightly damaged In shipment and that he had been ordered by his superiors to sell the balance wherever possible. By this ruse he escaped detection until last week, when a merchant. whose store had been robbed several months ago, visited Endicott and noted the fact that a woman was wearing silk of a pattern which he had Imported and which he was quite certain was stolen from his place. Investigation followed and the agent waa arrested and confessed. ' Girl Clings to Recreaat Love, The flight of a paroled penitentiary con vict to escape punishment for the com mis- slon of still another crime has unfolded romance involving the daughter of wealthy Nebraska cattleman. In which the young woman clings tenaciously to her erring lover In spite of his sins. The fugi tive, L. T. Montgomery, was sent to the penitentiary from Alliance slightly over year ago ror roDblng the postofllce. His sentence waa six years, but Influential friends brought about hta parole and ee curea mm emp.oyment In a railroad office In Lincoln. In less than two months Mont gomery had returned to a career of crime, assigning nis pay check and . afterward drawing the check, which he converted Into ceh, and then fled from the city. Mont gomery has been traced to his old haunts near Alliance and the authorities exnect to soon have him under arrest. Montgomery is betrothed to the. daughter of a wealthy Ne braskan name Funk, for whom a town Is named. The father has pleaded with his daughter to forsake Montgomery, but in vain. During the time that Montgomery was confined In the penitentiary here the gtn wrote mm endearingly, urging the convict lover to bear up and she would yet secure his pardon so that they could marry. Street Railway Litigation. Before Judge Holmes this morning the application of City Attorney Strode for an Injunction restraining the Lincoln Traction company jrom going ahead with thJ sile of the company's property under the fir it lien for paying taxes and for the appoint ment of a receiver to apply the profits of the company to the payment of exl.tn; . liens rather than aa dividends to et-ck-holders was argued and submitted. Cliy Attorney Strode appeared for the city and j Mr. Deweese appeared with C. S. Allen for the company. , Proceeding niih Apprnlsement. Land Commissioner Follmer Is making . some progress with the school land te ' appraisement which the IcgUlnure au thorised him to proceed w.th. The work has already been begun In Howard and Valley counties and tho commissions.' ex pects to see an Increase In the state's In come from school Und3 In these counties. The next counties In which the work will ' be begun are Saunders, Thayrr. Dixon, . Douglas and Sarpy counties. Th-re Is njt a great deal of school land In some of lhee ' counties, but what there is is very much , more valuable than It was In lots, when the i Itist appraisement waa made. ! Superintendent Fowler echoel the ten j eral sentiment among the cohorts whl-h ! are seeking the normal school, when hi ' aid this mornln? that he hoped for an early appointment of a member of the State Board of Education to succeed Mr. i W. L. Stephens. Tbls is also the expressed ; wish of Treasurer Mortensen, who Is In the i race as the standard betrer for the capital city of valley county. Mr. Fowler thought that It would only be right to give the new member of the board time ti familiarize himself with the needs of the situation be- J fore July f, when the bids which are being received at the office of the state superin tendent will be opened. The Impression prevails at the state home that the gov ernor will appoint either Superintendent Bnodgrass of Wayne county or Superin tendent Daliell of Lexington county. Session Laws Ready. Tim Sedgwick delivered today to the seo retary of state one or two copies of the session laws, which he was under contract to deliver July 10, on penalty of $10 a day for each day's delay thereafter. Ha also notified the printing board that a shipment of the books was on the way to the capital, lnder his contract he Is nineteen days be hind, but it Is deemed probable that the printing board will exclude the three Bun days from the count and probably the twelve days which Sedgwick contends was due to his Inability to get paper because of the floods. Articles of incorporation have been filed by the Dellone Hotel company 'of Omaha, with A. L. Reed. Harry D. Reel and Harry O. Jordan as Incorporators, and with an authorised capital of llOO.OOn. CHAUTAUQUA ABIG SUCCESS Large trewds at David City c Hand for Opening; Day. riAVin city. Neb.. July 20. (Special.) The opening of the third annual session of the David City Chautauqua assemmy was all that the management naa nopea for. Saturday evening a crowd far larger than on anv nrevlous opening was on the ground early. After the usual formal open ing exercises Lou J. Beauchamp of Hamil ton; O., dollvered 4 lecture, 'Take the Bunny Bide." Sunday morning the Union Pacific Rail road company brought two excursion trains, one from Stromsburg and one from Valley, both of which were heavily loaded. It Is difficult to even estimate the number who were on the grounds, but It ran into the thousands. The Keebaugh band furnished music at intervals during the day. Mies Maud Marie Hawk and Miss Mable Wright, tho talented elocutionist of Monmouth. 111., rendered solos and readings that were en thusiastically received. Rev. H. H. Harmon of Columbus, Ind., delivered a masterful sermon In the fore noon. Lou J. Beauchamp delivered a lec ture In the afternoon, entitled "The Age of the Young Man," and In the evening, "The Universal Question." Mr. Beauchamp was advertised as the humorist who makes you think; the thinker who makes you laugh. The large multitude that heard him were unanimously of the opinion that the ad vertisement was not misleading. Mr. Beauchamp Is an editor of Hamilton, O., and Is one of the ablest men that has ever spoken on the platform of the David City Chautauqua. The platform this afternoon and tonight was occupied by H. M. Sears, the taffy man, and B. B. Burton, the noted California orator. Tuesday the principal entertainers are: Miss Wright, e'.ocutlonlst; B. B. Burton, address on "In the Corridors of Antiquity;" Dr. II. O. Hill of Omaha, "The Reign of the Plutocrat;" and In the evening, Frank R. Roberson, illustrated lecture, "Imperial India. Wednesday "One-Sided People," Dr. Hill; "The Land of Possibilities," by Father L. J. Vaughn, and an address on "Life" by Dr. F. V. Hoalander, and In the even ing Herbert L. Cope, monologisL Thursday Prof. Cope, Father Vaughn, Miss Wright, one of the best glee clubs in the state and Eugene Laurant, the great magician, will be the entertainers. Friday Is fraternal day. Hon. A. R. Tal bot, head consul of the Modern Woodmen of America, will speak. Prof. Laurant and the Dixie Jubilee singers will entertain. Saturday, July 26, la Grand Army of the Republic day. Judge Lee Estelle, depart ment ' commander of Nebraska, ' Miss Wright, ex-Lieutenant Governor James E. Harris, Dixie Jubilee lingers and Prof. Roberson, Illustrated lecture, "Norway, the Land of the Midnight Sun." Sunday, July 26, Is the closing day of the assembly. The music wll! be furnished. by the David City chorus and the Dixie Jubi lee singers. Rev. Reverdy C. Ransom, the Booker T. Washington of the north, will deliver a lecture, "A Black Man in a White Man's Country." Sunday evening, final sa cred concert by the Dixie Jubilee singers. WIFE STAYS BY HIM IN TROUBLE Man Who Stole Team and Sold It Says He Did It Because He Waa Broke. MINDEN, Neb., July 20. (Special.) The sheriff of Cuming county reached Mlnden last night and this morning started back with George Trexler, the man who hired a team from a West Point liveryman and after getting this far away from home sold the rig and started back to Omaha with the money. He acknowledged his guilt and will so plead when arraigned at West Point. He was accompanied by his wife, a bright, pretty little woman, to whom he was mar ried last September In New York. Both are Intelligent, respectable looking people, and the parents of both are well-to-do people. hor parents living In New York and his In Pennsylvania. He Is a ribbon maker by trade and she Is an expert dressmaker. No excuse Is given for driving off the team and selling it except that they were out of money and had nothing to do. The woman did not want him to sell the team and tried to persuade him not to do H. The team I was ,0,d- Including harness and buggy, for $100, Just about what either one of the horses was worth. About $78 of the money was recovered. The little wife sticks to him and says If he Is sent to prison she will And work to do at dressmaking whii. i. confined, but trfat she will not let her people know where she Is while -he Is In prison. Y. P. S. C. E. Convention. HARVARD, Neb., July 20. (Special.) The Sixth district. Young People's So ciety, Christian Endeavor closed Its eleventh annual session In this city last evening, the Christian church being well filled with an attentive au.llence. Prof. O. C. Hubbet of Falrfleld being the speaker! He spoke ably on the subject "The Twen tieth Century, the Harvest Field of the Ages." This session Is considered one of the most Interesting ever held. A hearty greeting by our cltlsens, good subjects well presented, good music and perfect harmony among all Interests united In making the convention one productive of much good. There were about seventy five delegates and visitors in attendance from out of town. . Boy lajared by a Horse. GIBBON. Neb.. July 20 (Special )-A 5-year-old son of Reuben Tcol, iivlng nor.h cast of Gibbon was kicked in the mouth by a horte yesterday afternoon. The point of tho hoof struck the llitlo fellow Just under the lower Up and severed the entire Hp so It hung by one corner. The lower teeth were kicked out and pieces of tha Jaw bone also. Dr. McKae was 'phjned for and dress?d the wound. The boy waa found by his mother lying senseless in the stable with his battered face upturned. Hantboldt Woman la Mexico. HUMBOLDT. Neb.. July 20. (Special.) Mrs. -J. A. Murphy of this city today re ceived a Ittter advising her of the safe ar rival at Mansanlllo, Collma, Mexico, of her daughter, Mrs. Joy Van P. McKle, who left San Francisco on July 4 to Join her hus band, who Is a civil engineer and has been assigned to work In that territory. Mrs McKle spent her childhood days In Hum' boldt but hss for ths lust two years been located to dlffereat sections of California. FIREMEN BEGIN TO ARRIVE Indications Present Will Be largest Attended Tournament Ever Held, i FREMONT CONFIDENT OF FIRST PRIZE Has Won the Belt Twice and Sneeesa This Year Means It Will Become Tbelr Permanent Prop erty. NORFOLK, Neb., July 20. On the eve of the eleventh annual tournament of the Nebraska Volunteer Firemen's association, which will have possession of Norfolk dur ing the next three days, every Indication points toward the biggest, most enthusias tic meeting that has ever been seen In the commonwealth. Already many of the fire fighters have begun to arrive and are mak ing preparations to start In the racing ! events tomorrow. The cash prizes hung up are simply Immense and will amount In all to over $1,500. The Fremont delegation, with its team of speedy prise winners, arrived over the Northwestern at 7:20 this evening and are quartered at the Pacific. Among them were J. L. Johnson, chairman of the board of control, and J. C. Cleland, who will act as Royal Tiger the First In the pageant on the last night Manager Howe says he has the best team Fremont ever sent out and he will be both surprised and disappointed If his men do not cross the line for the state championship. Winning this, the hand some belt which they have landed twice successively, becomes their permanent property. Frank Hollenbeck, city treas urer, who has been at every meet for years, Is on the team, true to his word. "The Squire," as he is known among his friends, Is apparently In fine form. Tomorrow Columbus, with a band, will arrive on special train. Stanton's team Is also here, Madison has sent up the entire department with a band, and many others are coming In on every train. There will be many thousands of visitors In the city by tomorrow noon, and Norfolk has been turned over to them completely. There will be Ave bands In all. The track Is In excellent shape and the weather has been ideal for royal racing. THIEF SHOT WHILE IN STORE Man Refuses to Give His Stmt or Tell Anything; Concerning; Himself. AURORA, Neb., July 0.-(Speclal Tele gram.) For some time past the Hub de partment store has missed merchandise from its counters and on last Thursday night the management placed an armed guard on watch. At 2 a. m. L. W. Shu- man and ex-Sheriff W. W. Shenberger, who were watching inside the store, no ticed a light flashed Into the store and a few minutes later the door opened and a man entered. As he came close to the watchers he was ordered to halt, but making a suspicious' movement waa shot by Mr. Shenberger and fell to the floor with a bullet In his groin. When searched a thlrty-elght-callbre revolver was found In his pocket He Is badly wounded and refuses to give his name or any informa tion regarding his Identity. Sheriff Klumb and Mr. Shenberger followed his confed erate to the Grand Island bridge over the Platte river, but there lost the trace. YOUNG GIRL ATTEMPTS SUICIDE Fear of Pnnlahmen Is tho Only Known Motive for tho Act. ; PLATTSMOUTH. Neb., July 20. (Special Telegram.) Gertrude, the pretty 13-year-old daughter of Frank Kunsman, attempted to end her life this evening by shooting herself through the left breast with a 32 callbre revolver. The only known motive which the girl may have had for committing the deed was her fear that she would be punished for going to Omaha without the consent of her parents. The bullet passed through her body and lodged In the wall, Her condition Is critical, and the attending . . . , . - , - rr. pnysician nas no nope, o ner ruver,. i, parent are prostrated wun griei. VOTE BONUS FOR THE NORMAL Alnsworth Prepares to Give 10,000 for the State Institu tion. AINSWORTII. Neb., July 20. (Special Tolegram.) At the special precinct elec tion here today $10,000 in bonds were voted as a bonus for the new state normal school. The vote was practically unanimous, there being only fifteen against the bonds. Alns worth had made a thorough -anvasa for the location of the school, and ha very strong endorsement from neighboring towns. Kearney Convention Called. MINDEN, Neb., July 20. (Special.) The republican county convention has been called to meet at Mlnden on Saturday, August 15. There Is a difference of opinion as to whether It will be better to hold one convention to choose delegate to the state and Judicial conventions, and another one later to nominate candidates for county officers, or to do the business all up at one time. The call Is so worded that either horn of the dilemma can be taken hold of or not, Just aa the majority desires at the time the convention Is held. Kearney county Is well back Into the republican column and the real scrap will be to secure republican nominations. Woodmen Pay at Humboldt. HUMBOLDT. Neb.. July 20. (Special.) Yesterday" was Woodmen of the World day In Humboldt. Rev. Dr. Schleh of Omaha preached to a large congregation In the Methodist Episcopal church In the morn ing, and In the afternoon the monument of the late Sovereign Coats was unveiled In the City cemetery. The music was ren dered hy a double oustrlet and the cornet band of this place. The oration was given by Dr. Bchleh. The exercises were under the auspices of Verrton enmp, assisted by the camps from Falls City, Salem and Howe. An exhibition drill waa given In the park by Falls City degree staff. Monster Hall at Nebraska City. NEMRASKA CITT. Neb., July M.-(8pe- clal Telegram.) A terrific hailstorm vis ited this city about 8:30 this evening. The largest hailstones ever seen by residents of this city fell during the storm, which, luckily, waa of short duration. 'Rome of the stones measured 12x74 Inches and weighed fully half a pound. The only damage done In this city was to a few skylights. , Hla Trap Dries Harvested. MINDEN. Neb.. July . (Special.) The harvest of winter wheat Is In full blast. and while the yield In some cases Is not so large as Isst year yet the quality of grain Is said to be better. The weather Is hot and grain Is ripening very fast. Wheat Harvest Ended. YORK. Neb.. July KV-(8pecial.) York county farmers flnlahel last week cutting and shocking the'r large winter whett crop and this week will commence to cut and harvest the oat crop. Fanners predict that the yield of oat will be larger than In pt years and some of them are predicting phenomenal yields. Corn Is making rapid progress. The recent rains are Just what the corn needs. Nearly all of the corn has been laid by and those who were alarmed on account of the excessive moisture as to the corn crop are now saying that York county corn promises to make a large crop. CHILD MAIMED BY REAPER Gete In Front ot Maehlne and Has Leg Cat Off Above the Ankle. BEATRICE, Neb., July $0. (Special Tel egram.) The little S-year-old daughter of Martin Spenkler, a farmer living near Adams, this county, met with a terrible accident today. Her father was driving J a reaper In the meadow and the girl hap pened to step In front of the sickle which cut off her leg Just above the ankle. It Is thought she will recover. Raisin- Fnnds for Monnment. YORK, Neb., July . (Speclal.)-Mem-bers of the Grand Army of the Republic, Woman's Relief corps, Sons and Daughters of -Veterans will hold an entertainment Thursday evening In the Grand Army of the Republic hall for the purpose of raising funds toward building and erecting a mon ument to the old soldiers, which will either be erected in the court house square or In the Greenwood cemetery. Fifth Elevator for Mlnden. MINDEN, Neb., July . (Special.) The farmers' elevator Is neartng completion and It will be the biggest and best elevator In Mlnden. John D. Jones, an old, experienced grain man, has been employed to handle It for them. Including the mill, which also handles and ships grain, this makes five elevators in Mlnden. Firemen OH for Toarnament. YORK, Neb., July 20. (Special.) The firemen left York today for Norfolk In a special car provided them by the railroad company. The firemen believe that they have the best hose team In the state and they expect to win some of the prises. TROOPS GUARD THE PRISONER Report Cattlemen Are In Sand Hills Waiting; to Rescue Jim MeClond. CHEYENNE. July 20. (Special Telegram.) The Basin Light battery Is guarding the city Jail at Thermopolis, containing Jim McCloud, the alleged murderer of Ben Mln nlck. The troops were this evening rein forced by the arrival of fifty deputies from Cody, Meeteetse, Basin City and other towns In the county. Tomorrow morning Sheriff Fenton will start for Basin with hla prisoner, the bat tery and deputies, accompanied by five United States officers acting as an escort. A party of cattlemen is said to be in the hills north of Thermopolis waiting to attack the sheriff and deliver McCloud if possible. Everything Is quiet In Thermopolis and the ranchmen are returning to their homes. The town of Basin, the scene ot a double lynching and the murder of an officer yes terday morning, la quieting down and no further trouble la anticipated. Governor Chatterton today declared he would call on the prosecuting attorney of Big Horn county to take active steps to ward bringing to Justice the men concerned in the lynching at Basin yesterday. "A stop must be put to such lawlessness In this state," he said. The people' are arranging to bury Walters and Gorman, the murderer, in the potter' field, and the body of Deputy Price, who was killed by the mob, will be sent away for burial. Stnrgls Mills Change Hnnda. STURGIS, S. D., July 20. (Special.) A deal has been consummated whereby George F. Early of this cltytsells the Sturgls rol ler mill to Van Wickle A Metzger. The new firm is one that ha a line of ele vators and mills all along down the North western road In Nebraska, and will Imme diately build an elevator here, having se cured permission and a site from the com pany. This naturally means that Bturgls I . K..f o.i m.v.t in h. m.w I " 4 ' Hllto flrm of Van Wlckl6 & Met.Ker is a wealthy one and handles a vast quan tity of grain annually. They have been buying Meade county wheat at Sturgls for several years to ship into Nebraska, and now, having an elevator here, can pay a better price. ' Ktnrals as a Wool Market. STURGIS, S. D., July 20. (Special.) J. E. Hammon arrived In 8turgts this week from his sheep ranch on Grand river with 4,600 pounds of wool, a part of the clip from his flock of 2,600 head. The wool was placed In storage here and will not be sold till the entire clip Is brought In. There are many thousands of tons up north that will reach this point within the next month and find lodgment in the free storage house pro vided by the merchants of this city. Challenged by a Nebraska Man. SIOUX FALLS, S. D., July 20. (Special.) Ray H. Chase of Alexandria, 8.. D., who has won considerable fame for his excel lent marksmanship has been challenged by A. H. Hardy of Hyannis, Neb., to a con test. Hardy wishes to meet Chase In a 600-ball contest against time, using rifles, for any purse from $300 to $1,000. He offers to meet Chase In Deadwood, and state that he will place a forfeit aa soon a article are agreed upon. Medal for an Athlete. STURGIS, S. D.. July 20. (Spedal.)- Allyn R. Cooper of Sturgls has received his gold medal from the Black Hills Ath letlo association for being the best all- round athlete. Heals as by Made. If a pain, tore, wound, burn, scald, cut or pli distress you, Bucklen's Arnica Salve will cure It. or no pay. J5c. For sale by Kuun at Co. Venesuelan Minister Arrives. NEW YORK. July 20.-Oeneral Jose Her nancies (El Mocho), the new Venesuelan minister to the United States, arrived today from la uuayra. i) ill IE u H) feel the exquisite thrill of motherhood with indescribable dread and fear. Every woman should know that the danger, pain and horror of child-birth can be entirely avoided by the use of Mother' Friend, a scientific liniment for external use only, which toughens and renders nliaVilA all Ka narts snrl assists nature in Us sublime work. By its aid thousands of women have passed this jyf and without pain. Sold at $1.00 per bottle by druggists. Our book of priceless value to all women sent free. Address BKAOFICLO KBULA TO It OO Atlmmtm. 0 a. DROWNED AT LAKE MANAWA D. W. Annii of 0mab Loses Bit Life by Capsiusg of Sail Boat THREE OTHERS IN THE BOAT ARE SAVED Heavy Wind Comes Saddenly When Boat Hns Salle Set rail and Oxertarns the Craft With, oat Warning. Through the overturning of a sailboat on Lake Manawa at 6:40 yesterday afternoon D. W. Annls, who resided at the home ot O. J. Cooler, 1248 South Tenth street, Omaha, waa drowned. I Annls, with Miss Clabaugh. Miss Bessie Cooley and B. K. King, had gone out in the boat during the afternoon. When the storm came up during the evening it seems they were unprepared for It, for the wind caught the sails and overturned the boat. The two young women and King fell out Into the water when the boat capslsed, but In some way Annls managed to retain his hold on the boat He held onto the rail for a brief time and rested his feet on the centerboard. He was seen to release his hold and drop Into the water, striking out toward tha Kttrsaal. After he had swam a short distance he disappeared and waa seen no more. A professional diver was sent for, but up to a late hour last night the body had not been recovered. Comes from Illinois. Up to about five month ago Annls was a resident of Aurora, 111. At that time he . m. . this dt t take rhm of tha Interests of the Dominion Publishing corn- pany of Chicago. At the time of hla death he held the position of state agent for that concern. His mother and sinter live In Aurora at the present time, but his father la dead. Annls attended the University of Wisconsin. He was admitted to member ship In the Council Bluffs Boat club Mon day night a week ago. While King and the two young women In the party were clinging to the over turned boat an electric launch In charge of Lewis Peterson passed. King Is said to have hailed the launch and asked If the occupant were not going to make an ef fort to rescue them, but no attention was paid to the summons and the launch passed on. Harry Dyer and O. G. Butts were out In a boat at the Kursaal and they Immedi ately headed for the wrecked craft and succeeded in rescuing the two girl and King. Annls 1 said to have been an athlete and a good swimmer and why he did not succeed In reaching the shore 1 a matter of conjecture. AN EDITOR round 'That It Pay to Take His Wife's Advice. Mr. A. U. Orouby, editor of the Abbe ville, Ala., News, has the following kind word for Chamberlain' Colio, Cholera and Diarrhoea Remedy:" "Several days ago I waa taken with something like bilious dys entery In a malignant form. I took medi cines for two or three days, but got worse all the time. We had a bottle of Chamber lain' Colio, Cholera and Diarrhoea Remedy in the house and my wife prevailed upon me to take a dose. The one dose relieved me within an hour and I have not been troubled with it since. I oonslder this the most wonderful bowel remedy I have ever seen." Soldier Eseort a Witness. LEXINGTON. Ky.. July 20.-Owlna- to Captain Ewen's declaration that he ex pected to be killed when he went to Jack son today to testify, soldier were sent here to escort him to Jackson. FORECAST OF THE WEATHER Fair Today, with Warmer Tomorrow, in Iowa and Eastern . Nebraska. WASHINGTON, July 20. Forecast : Nebraska Fair Tuesday and Wednes day; warmer Tuesday In east portion. Iowa; Fair and warmer Tuesday; Wednesday fair. Illinois Fair Tuesday and Wednesday; light variable wind. Colorado and Wyoming Fair Tuesday and Wednesday, except showers In moun tain districts. South Dakota, Missouri and Montana- Fair Tuesday and Wednesday. Kansas Fair and not so warm Tuesday; Wednesday fair. Loeal Record. OFFICE OF THE WEATHER BtTRRATT OMAHA, July 20. Official record of tem perature a.ia precipitation compared with the corresponding day of the past three years: 1903. 1902. 1901. 1900. Maximum temperature ... 2 75 103 Minimum temperature .... 66 60 78 M Mean temperature 78 68 90 G6 Precipitation 00 .01 .00 . 26 Record of temperature and precipitation at Omaha for this day and since March 1, Normal temperature 75 Excess for the day 4 Total excess since March 1 100 Normal precipitation -.16 Inch Deficiency for the day 15 Inch Precipitation since March 1... .13. 20 Inches Deficiency sinco March 1 4.72 Inches Deficiency for cor. period, 1902 10 Inch Deficiency for cor. period, 1901.... 5.76 Inches Reports from Stations at T P. M. H -Si c 5 3LH CONDITION OF THE WEATHER. , : c : 3 : 3 XI Omaha, cloudy Valentine, clear North Platte, clear Cheyenne, partly cloudy Salt Lake City, cloudy Rapid City, clear Huron, clear Wllllston, clear Chicago, partly cloudy........ St. Ixiuls. cloudy St. Paul, clear Davenport, cloudy Kansas City, clear Havre, clear Helena, partly cloudy Bismarck, clear Galveston, partly cloudy 731 92 . 00 Ml 92 .00 ... M .00 801 86 .00 W 92 .00 84 86 .00 82 94 .00 72 76 .00 68 72 .00 84 86 . 00 72 72 .00 78 82 .00 90 94 . 00 84 84 .00 86 88 .00 78 801 .00 84 0 .00 L. A. WEL8H, Local Forecaster. la tha joy of the hbusehold, for without it no happiness can be complete. How tweet the picture of mother and babe, angels smile at and commend the thoughts and aspirations of the mother bending over the cradle. The ordeal through which the expectant mother must pass, how ever, is so full of dangef and suffering; that she looks forward to the hour when she shall ERI1GH Creole HOc.) ALWAYS EVERYWHERE Save the Bands &SEG QUAKER m MAID I RYE Ddlshtfiit st a lieverage. ltrslthful as a Tonic. If leed- S td ft For sale at the inn bars, cafes drug store. S. HIRSCII i co. I limit City, ft. CLrEr ANL1NE.S S I the watchword for health and vigor, com. fort and beauty. Mankind is learnlrr; not ' only the necessity but the luxury of clean lines. SAPOLIO, whirh has wn ugbt such changes in the home, announces her istcr triumph HAND SAPOLIO FOR TOILET AND BATH A special soap which energizes the wholt body, starts the circulation and leaves an exhilarating glow. AUfroctrt and druggisit. A Hn of beuuty it u joy forever. D R.T. FELIX GOURAUD'S ORIENTAL CREAM. OR MAGICAL BtAUTIf ICR RtmoYM Tan, Plmpleh, Frrcklea. Moth Puh. Huh and skin Bf Vl1' Ana every j-j I Dieimin on Deauir, a aenta aeittcucm. has atood tha teat ot OHy-Ava yeara. and it ao harmleaa taata It to be vre it is properiy made. Acoept no counterfeit of llml- )ar name. Dr. L A. Err re aald to i--dr rl the haut- tor. Ui patient): "Aa you ladiea will uae them, I tovommend "OUUHAUD'8 CREAM" aa the leaat harmful of all the akin preparv tlona.". Tor sale by all diusEtita and Uncy rood a dealers Is the United Btatea and Rurope. FERD. T. HOmiNI, Prop's. n Oreat Jonea St.. N. T. Anybody can catch bass ....m TUB.... MINNESOTA LAKES BEST REACHED BT ILLINOIS . CENTRAL R, R, 012.60 VhWuks Daily during July, August and September. Talk with us at '1402 Farnam Stre-et, OMAIIA W. H. DRILL DUt- Pas. Afoot. &St tvery woman mm is tatsraaua and alioold knew about ll wonderful MARVTL Whirling fcpray Tbenewwtljn.,.. jmin. fMiaaa aufnon, ivret Hi. L. sat- loa ci)TFtln, ffrlnTapXhaVltj IliklftL, atiwpt no (v' V Kir. but Mndatiunp fort X alrated 4jok- al.e ll sues iuaoia iv ladiea. MHM I'D. t'V ... Jtoom bt Tljues pid., tf, J, U "JLJiLA Wthey If ARE MILD '111 9t!aa& jr irr -n -n ar 61 V " VI m w 1 n. w- m - -v a n 11 V ) ' ' ' i" ' 1 niir , m