THE OMAHA DAILY HKK: TJIUKHDAV. KEPTIiMHlSlC 8, 103.
LEGAL BATTLE FOR NORMAL
Eirali of Kearney Talk of Restraining
Board from Locating School
NEXT CONTEST FOR 'SUPERINTENDENT
Chairman and Secretary ef Repab
IJpaa Stale ( nromlllrt Busy with
tba Preliminary Work of
Campaign.
(From a Staff Correspondent.)
LINCOLN, Bcpt. i (Bpcclal.) A a re
sult of the State Normal board locating
the new normal school at Kearney there
are some very tender spots loft on the
cltlxens of soma of the other towns that
were In the content. Even Treasurer Mor
tensen feels keenly disappointed. The
treasurer had all the confidence In the
vaorld that Ord would be the place, and he
nursed the thought until he saw the
school building looming up In his town.
If Ord couldn't get It, then the treasurer,
tt Is said, wanted It to go to Broken Dow.
lie waited just a little too long, and Mr.
Rogers flopped from Broken Bow to Kear
ney. On several occasions Mr. Rogers had
changed his vote to iocate the school, un
til finally he was successful.
It was reported he-re this afternoon that
an Injunction would be asked for by one
or more of the competing towns to pro
vent Kearney from getting the school
without a fight through' the courts. The
request Is to be bnsed on the fact that
Kearney offered twenty acres of land
which Is not now In one tract, when the
law requires that the land be one tract
of not less than twenty acres; that Kear
ney was allowed to modify Its bids after
all were opened; and If these are not suf
ficient to get the Injunction, then the
constitutionality of the law giving the
board the power to locate the school wll!
be attacked.
The Kearney proposition for the school
was modified In that It offered $1,000 for
repairing a building to be used as a dor
mitory. When the board examined the
building they were sure It would cost more
than that to do the work, and the people
of Kearney offered to put the building In
proper shape, no matter what the cost.
Treasurer Mortensen believes that the in
junction will be asked for. while others
think It will end In mere talk.
Question of Superintendent."
The great question now before the board
Is the e'.ectlon of a superintendent for the
new school. It Is generally conceded that
Btato Superintendent Fowler has his hand
out for the plice, and 'it la the general
belief that he will land It. A local paper
sold here this morning that Superintend
ent Thomas or Kearney and Mr. Fowler
were In the race for It. Mr. Thomas was
here this afternoon, and In speaking of It
sold: "I want It emphatically understood
tl at If Mr. Fowler wants the place I wilt
not stand in his way."
As these two men seem to be the only
men so far connected with tha superln
tendency It looks like Fowler.
Mr. Thomas was naturally elated that
Kearney got the school, and he does not
believe there will be any attempt on the
part of anyone to prevent Its being lo
cated. "Hastings and Holdrege are too
game to try to prevent by Injunction the
location of the school," he said, . "Kearney
la the best place for It, and we demon
strated that to the board."
That Kearney was ths choice of a major
ity of the school teachers of tha west end
of the state Is shown by a vote of seven
teen county superintendents of that sec
tion. For first and second cholca Kearney
received fifteen and seventeen votes. - The
next highest was Grand Island, WItH ten
votes for first choice and five for second.
Preparing tor Campaign.
The booming of political guns will begin
shortly. Chairman Llndsey of ths repub
lican state central committee will move
himself here Inside of two weeks and will
personally take charge of the work of the
campaign. The democrats, of course,' will
have nothing doing until Lea Herdman gets
baok from tha north.
Mr. I-Jndsey was hero today and ha and
Secretary Allen talked over the plan of
campaign. Mr. Llndsey expressed himself
as being well pleased with ths Interest be
ing taken In the coming election by the
county chairmen and said It augers well for
a good, lively campaign and an old-time
republican majority. Poll books are being
sent out and the preparatory work Is be
ing done as rapidly as possible. The state
will be organised from one end to the
other and there will be things doing every
where when the ball starts to roll.
'Just how much oratory is to be let loose
and who Is to furnish It and where has not
yet been decided, but this matter will likely
come up atsthe meeting of the committee
next Tuesday evening. It Is expected that
a full membership of tha committee will
be present.
Too Many Exhibits.
State fair preparations are booming. For
the first time In the history of the state,
exhibits have been refused because of laci
of space. Every horse stall Is full and yes
terday the management wired an Ohio
Arm that It would be impossible to take
care of their eighteen horses it wanted to
send here. Six entries for hogs were of
fered today that could not be accepted.
No more applications for tent space on
the grounds will be considered, as all
' available space has been taken. The
grand stand is now being enlarged. This
was found entirely Inadequate last year
and the seating capacity will be Increased
to accommodate 5,000 people. The traction
' company Is running two cars to the
grounds every day for the accommodation
of workmen and Friday It will begin
placing on more cars to be run every thirty
minutes. -
In the meantime Hitchcock county comes
forward with Its old county seat fight
and wants to have rival agricultural ex
titbits. Trenton and Culbertson were the
two towns fighting for space. The Culbert
son application for space was indorsed by
V. V. Taylor, who Is president of an agrl-
cultural society. The Trenton people have
organised a Harvest Home Agricultural
society and sent representatives here with
a certificate from the county commission
era that It was the only organised society
of the kind In the county. Mr. Taylor
claims the certificate is untrue and that
llll
Hie I
a mother should be a aource of joy to all, but the suffering and
danper incident to the ordeal makes ita anticipation one of misery.
Mother' Friend ia the only remedy which relieve women of the great
pain and danger of maternity ; this hour which is dreaded aa woman's
severed trial is not only made painless, but all the danger is avoided
by its use. Those who use this remedy are no longer despondent or
gloomy; nervousness, nausea and other distressing conditions are
overcome, the system is made ready for the coming event, and the
tci iuui swviucuii w cuoimw to trie critical
hour are obviatett by the use of Mother's
Friend. "It ia worth its weight in gold,"
says many who have used it. i.oo per
bottle at drug stores. Book containing1
valuable information of interest to
be aent to any address free upon
uiAancLD nrauLATon oo.
the commissioners never signed It. The
board accepted the Culbertson exhibit be
cause It had long known of the society In
thet town.
Seeking Missing Man.
John Rush of Omaha was here today
seeking Information that would lead to the
whereabouts of his father-in-law, James
Ferry, aged M years. Mr. Ferry, while
temporarily deranged, had wmdered away
from his home August 16 and was last
heard of In Otoe county. It was stated
then that he wss headed fur Idaho to visit
relatives. Mr. Rush said Mr. Ferry hsd no
relatives In Idaho, but for some time he
had labored under that belief. The miss
ing man Is described as being above me
dium height, weighs about 175 pounds and
Is smooth shaven. Whert he left home he
wore a dark blue serge suit, a winter rap
and tan slippers. These probably by this
time are badly worn.
Fee CHatee in Cells.
The Board of Public Lands and Buildings
at a meeting this afternoon made a con
tract .with the Van Dorn Iron works to
put In foods chutes in esch of the cells
now being built at the state penitentiary.
For this the firm Is t receive 60 cents
mora than the contract price for each cell.
The plans drawn by State Architect Tyler
for the remodeling of the state house walks
and steps at the corners of the grounds
were approved. The corner steps wftl be
circular In shape.
Planning n Milk Combine.
Milk Is holding the boards In Lincoln
these days and as a clincher the town Is
to have a milk trust. Articles of Incorpora
tion of the Lincoln Dairy company were
prepared today. The capital stock Is fixed
at I2S.000 and the articles are to be filed
In a few days. The promoters say It In
not a milk trust, but Just an organisation
that will furnish pure milk without formal
dehyde dressing.
It Is the Intention of the company to
buy up all the milk routes of the city
Including teams and wagons, though net
the cows. The company will allow the
present dealers to keep their cows and will
purchase all the milk they can furnish.
The plans of the company have Just re
cently become known and consequently
some of the dairymen are objecting strenu
ously. They claim that If the new com
pany gets the control of most of tha milk
routes it will mean that It can sell milk
at any price it pleases. The company
claims its move is in the Interest of the
people and pure milk.'.
ASSAULT PROVES EXPENSIVE
One Hundred and Eleven Dollars
tha Bill for Striking a
Preacher.
NEBRASKA CITY. Neb., Sept t-(Spe-
cial Telegram.) The case of the State
against John Volkman of Palmyra was
tried here In county court this afternoon
and the defendant found guilty of assault
on the person of Rev. Van Benin of Pal
myra. The defendant was fined 15 and
costs, amounting to $106.27. This case has
aroused a great deal of Interest In this
part of the state as it grew out of the war
against liquor traffic In Palmyra. A large
number of people were In town from the
west end of the county as witnesses and
spectators. The verdict Is considered a de
cided victory for the church element, as
the finding will not be appealed.
No Relief for Telephone Company.
FREMONT, Neb.. Sept. t (Special.)
The city council at an adjourned meeting
lost evening voted down two separate
propositions to permit the Frem t Tele
phone company to Increase Its rates. The
session was a rather .exciting one. The
committee - appointed at the . lost meeting
to examine the books of the company, for
the purpose of verifying the report of the
committee from the Commercial club, said
they hadn't had time to examine the
books, but they didn't doubt but the report
was correct. Two propositions were then
Introduced and the fun commenced. The
first one provided for an open rate for two
y-ars and then a rata to be fixed by the
council. The company said if the open
(ate was given they would raise residence
and business telephones 60 cents each.
After considerable discussion and an ex
planation by Mr. Courtrlght, representing
the Fremont company, of their situation
and Inability to make things pay on the
present rates, a motion to adopt tha open
rate proposition was lost by a vote of 6
to S. On the motion to permit a raise of
50 cents per phone the vote was a tie, and
Mayor Wolx declared the resolution loat.
'What tha next move will be Is uncertain.
Dales f Methodist Conferences.
BLAIR, Neb., Sept. 1 (Special.) Bishop
Andrews of the Methodist church passed
through today enroute west, where he will
open the Black Hills conference at Dead
wood tomorrow. He will also preside at the
Nebraska conferences, which will be held
as follows; Northwest Nebraska, at Val
entine, September I; Nebraska, at Lincoln,
September 16; North Nebraska, at Fre
mont, September 23; West Nebraska, at
Lexington, September 30.
Girl Breaks Doy's Arm.
WAHOO, Neb., Sept. 1 (Special.) Har
old Smith, the little son of City Marshal
Smith, met with an accident yesterday
afternoon. In company with a number of
children he was playing on a small coal
house, and they were pushing each other
off. Blanche, the boy's sister, pushed him
off and his arm was broken at (he elbow.
The fracture may make his arm stiff for
ever. Dodge Mortgage Business.
FREMONT, Neb., Sept. 1 (Special.) Tho
mortgage business In this county has al
most dropped to nothing. The record for
this month shows farm mortgages filed, 4;
amount, 613.000; released, 6; amount, 19.
j0; town mortgages filed, 11; amount,
63,590; released, 15; amount, $9,723; chattel
mortgages filed, 68; amount, $32,662; re
leased, ; amount, $9,599.
Charged with I'anntnral Crime.
ALBION. Neb., Sept. t-(Speclal ) Elmer
Russel of St Edward, this county, was
bound over to the district court by County
Judge Riley on the charge of Incest. Tha
evidence showed that Russell had been hav
ing Illicit intercourse with his 16-year-old
daughter for the last year. Tha complaint
was msde by his wife.
Every mother feel ft
great dread of the pain
ind danger attendant upon
the moat critical period
of her life. Becoming
all women, will
LIVELY TIMES AT REUNION
Veterans Are Enjoying Themselves at Their
Annual Gathering.
0ME FAM1LI R FACES ARC MISSED
Shortage of Beans at Camp Gronnd
Causes Coasternntlon for a Time
and Canned Bapply Is
Requisitioned.
HASTINGS, Neb., Sept. l-(8peclal Tele
gramsFrom the first glimpse of the morn
ing sun until the sudden extinguishing of
the electric light late tonight Camp Sher
man has been full of life and merriment,
and above all the Jollity there was a touch
of pathos. It was not the sight of bent and
aged forms that made the scene somewhat
pathetic. But it was the tone and drift of
conversation of the military figures in blue
that touched the heartstrings. No sooner
were handshakes exchanged when a ques
tion would come forth asking of some
comrade who was not present, only to be
replied to that the veteran had lately Joined
the vast army In the great beyond, and that
It would only be a matter of a few years
until the heroes of the civil war would
only live In history. Yet their dim eyes
sparkled with a light which told only too
plainly that the true 'soldier spirit was
still there.
The weather continues to be most favor
able, and so far everything has moved
along serenely' with the exception of one
thing today, and that was a shortage of
army beans in camp. Many of the old sol
diers who are camping out on the ground
with their families decided upon enter
taining some friends from the city and
give them a dinner in true army style.
Now, It was never dreamed for a moment
but that there were enough beans In camp
to supply an entire army, but by the time
preparations were mode for the meal the
sad truth was made known that beans
could not be had for love or money. This
caused consternation for a while, but a
compromise was made by serving beans
from the can.
W. R. c. In Charge.
The program today was under the
auspices of the Woman's Relief corps. It
began at 2 o'clock this afternoon with
selections by the trombone military band.
Rev. O. W. Abbott of the Methodist
church gave the Invocation. Post Depart
ment President Mrs. Julia Bowen made
the address of welcome In a few brief
words and President Mrs. Cook gave an
Inspiring address In response. Miss Laura
Buchanan, an accomplished violinist of
Hastings, gave a medley of national airs,
with Miss Vera Lowman as accompanist.
Miss Bessie Belle Brown of Hastings gave
a fine rendition of James Whftcomb Riley's
"The Name of Old Glory," which was re
ceived with great enthusiasm. In response
to an encore Miss Brown recited "My Sin
ter's Best Fellow." Mrs. Kate Elttlngs
of the department of patriotic instruction
was Introduced and gave a stirring appeal
for patriotic Instruction in the public
school. Comrades Phelps and Beck of the
Grand Army of the Republlo post sang
"The Flag of Our Union," and were fol
lowed by a short address by Acting Com'
mander Lett, eulogizing the Woman's Re
lief Corps.
Governor Mickey was Introduced and
made a few remarks overrunning with
patriotism. Miss Margerlte Anderson gave
a piano solo, which was favorably received.
Mrs. Mary R. Morgan, past department
president, was Introduced and gave a fine
address. In closing she made t.n appeal
to have our flag hung over every postofflce
In the union, as many southern children
never saw our flsg, while the rebel flag Is
carried by the Daughters of the Confed
eracy on every 3d of June, the memorial
day 6f the confederacy.
The male quartet of Hastings, Messrs.
Carruthers. Taylor, Dinsmore and Struble,
gave "We'll Stand by the Union Forever."
They were heartily encored and responded
with a negro melody. Miss Lucia Dlllen
bsck recited "Only Jim." in her own inimi
table manner, and Mr. David Bryson sang
"The Sword of Bunker Hill."
Vice Commander Lett announced that the
camp fire would be conducted by the
Woman's Relief corps. A selection by a
band closed the exercises for the after
noon. Camp Fire at Night.
, Department President Mrs. Helf .Cook
presided over the camp fire tonight. Ad
dresses were delivered by Governor Mickey,
Mrs. Mary Morgan and others. Some fine
readings were rendered by Deputy Patri
otic Instructor Mrs. Kate E. Giddlngs and
Miss Lucia Dillenbeck. Comrades Phelps
and Beck pt Edgar rendered two fine duets.
The program was interspersed with camp
songs under the direction of Mrs. Kate
Boyd.
The Ladles of the Grand Army of the
Republic will have charge of the program
tomorrow, which will be as follows: Music
by the band; Invocation by Rev. Henry
J. Kerschsteln; address of welcome, Mrs.
A. E. Marshall, post department president;
response, Mrs. Georgia Price, department
president of Omaha; flag drill, solo and
chorus by twelve young maidens (this drill
has been especially arranged for this oc
casion by a member of the Hastings cir
cle; reading, "His Last March," Thomas
Kerr; "Recollections of the War," Miss
Lucia Dillenbeck, song; reading, Pattle
Jacks; recitation, "When the Cows Come
Home," Miss Helf Dillenbeck; song by the
old soldiers; leading, "The Battle," Harry
Jones; song, "Falling Into Line," by grand
chorus; recitation by Mrs. Taston of
Omaha.
A closely contested game of base ball
was played here today between Hastings
and Ord. Umpire Appleman called, the
game a draw on account of a wrangle
which occurred In the seventh Inning.
Bchaufelberger, Van Fleet and Rosenbaum
were the battery for Hastings, and Loun,
Adams and Whltcomb for Ord.
Cambridge District Reanlon.
CAMBRIDGE. Neb., Sept. 2. (Special
Telegram.) A big crowd was in evidence
on the reunion grounds here today. Peo
ple from all over southwestern Nebraska
are here. Rev. P. C. Johnson and Hon.
A. C. Bhallenberger delivered addresses.
The bal game between Cambridge and
Storkdale was won by the latter, score, 2
to i. Tomorrow Is Women's Relief corps
day. Addresses will be delivered by Judge
H. A. Larton and Rev. L. H. Shumate.
A ball game between Stookdale and Bart
lett will be played on the ball grounds here
tomorrow.
Farewell Reception Tendered.
ST. PAUL. Neb., Sept. 2 -(Bpeclal.V-A
reception was given to Hon. Rasmus Han
nibal last night at the home of Mr. and
Mrs. E. Enevoldsen. Mr. Hannibal Is about
to remove to Omaha, where he will engage
In the practice of his profession, the law.
Judge Hannibal Is one of the pioneers of
Howard county, having resided here con
tinuously since 1671. He Is held In high
esteem by all who know him, which means
nearly the whole population of the county.
He has been elected county judge six times
a.id represented the Seventeenth senatorial
district In the legislature of 1899, where he
was one of the staunch supporters of Judge
Hayward, voting for him from first to last.
Brings Suit tor Damages.
NELSON. Neb., Sept. 2. (Special Tele
gramsJoseph Keller has begun suit la
tha district court of Nuckolls county for
fW.OOO damages against A. II. Bowman, A.
F. Fuhring. Dr. M. Barrett, Henry Glls
dorf, I. J. Riley and J. M. Riley of Law
rence. This case Is the outcome of the
celebrated arson and whisky cases In Law
rence a few months ago, when the defend
ants herein prosecuted the plaintiff. He
now alleges malicious prosecution and
claims that the loss of time, money ex
pended In his defense and the six months
he was compelled to lie In Jail have dam
aged him to the amount of $30,000. A like
case has been brought by Michael Norrls,
who was also defendant In the same matter.
SAD FINALE T0 A WEDDING
Sister of Groom Taken III with Heart
Trouble and Dies In Short
Time.
WEEPINO WATER. Neb., Sept. 2 (Spe
cial Telegram.) At the Congregational
church this evening In the presence of hun
dreds of friends and relatives occurred the
wedding of Lloyd P. Wolcott to Miss Olive
Hltchman, Rev. Han ford officiating. A
reception was to follow at the home of the
bride, but to the consternation of all MIfs
Creda Wolcott, sister of the groom, was
taken suddenly with heart trouble dur
ing the ceremony and died In ' less than
two hours. ' The mother, one of the oldest
residents In the county. Is almost erased
with grief. The bride and groom expected
to leave tonight for a visit In Ohio, but
the ssd termination of the wedding has
changed their plans.
PRAYER OF WIFE ANSWERED
Ono of the Chnrgea Made Agnlnst
Woman In Application for
Divorce.
MACON, Mo., Sept, 2.-(Speclal.)-In sn
application for divorce from his wife, Fred
W. Hyatt, an old soldier, states that his
wife, Martha A. Hyatt, In 1882, went out
on the streets of North Bend, Neb, and
prayed that he would lose everything he
had in a big St. Louis wheat deal In
which he was then Interested.
The petitioner says the prayer of the
wife was granted to the letter, and that
everything he had was swept away. He
was then compelled to seek any kind of
employment and now he has nothing but
a pension, which he draws regularly from
the government.
The couple were married In 1890, and "for
four months after the marriage," the peti
tioner says, "I lived in perfect peace with
my wife."
The old soldier, with unconscious humor,
adds that he went to war for rest and
peace. After he returned he tried to live
with his wife and it was no use.
OUTPUT OF PACKING HOUSES
Some Gain in Supply of Hogs as Com.
pared with tho Previous
Week, '
CINCINNATI, O.. Sept. 2.-KSpedal Tele
gram.) Price Current says: There has
been some gain In the supply of hogs com
pared with the preceding week. Local
western packing .was 338,000, compared with
30,000 the preceding week and 286,000 last
year. Since March I the total is 10,206.000
against , 455.000 a year ago. Prominent
places compare as follows:
1?03. 1902.
Chicago .!.-..... .3,040,000 8.100,000
SOUTH OMAHA . .1,215.000 1.045.0O0
Kansas City 970,000 900.000
St. Irf)Ula 705,000 618,000
Si. Joseph ....,871,000 'iRl.000
Indianapolis ..'614,000 446,000
Milwaukee 8SS.0O0 lM.OilO
Cincinnati 254.000 20S.OOO
Ottumwa ,, ,25.000 1S2.OO0
Cedar Rapids .,.'. 212,000 180.000
Sioux City 231.000 945.000
St. Paul 328.000 2SS.0O0
MAYOR LOW REVIEWS EAGLES
Two Thousand Are in Line, nnd Their
Appearance is Pic
turesque. NEW TORK, Sept. 2. The" fraternal Or
der of Eagles had their parade today be
fore going Into session to continue their
convention at Tammany Hall. Mayor
Low reviewed the parade.
There were over 2,000 members In the
various lodges which formed the pro
cession, with a number of bands, and the
distinctive apparel of the lodges gave a
picturesque appearance to the marchers.
FORECAST OF THE WEATHER
Indications Are for Fair Days, with
Cool In Southwestern
Nebraska.
WASHINGTON. Sept. 1 Forecast:
For Nebraska Fair Thursday and cooler
in southwest portion; Friday, fair.
For Iowa Fair Thursday except possible
showers in northwest portion; Friday, fair.
For North Dakota Fair Thursday and
Friday.
For Illinois Fair Thursday; warmer In
central and southern portions; Friday, fair;
He-ht to fresh south and variable winds.
For Indiana Generally fair Thursday
and Friday, light to fresh south winds, be
coming variable.
For Kansas and Indian Territory Fair
Thursday and Friday.
' For Oklahoma Fair Thursday and Fri
day. For South Dakota Fair Thursday, cooler
In north portion; Friday, fair. .
For Missouri Fair Thursday; warm In
east and south portions; Friday, fair.
For Colorado Fair, warmer; showers In
east portion Thursday; Friday, fair.
Local Record.
OFFICE OF THE WEATHER BURKAU.
OMAHA, Sept. 2. Official record of tem
perature and precipitation, compared with
the corresponding day of the last ihree
year"- 1901. 190'. 1901. 190ft
Maximum temperature.... 84 80 87 79
Minimum temperature.... 62 M SO 67
Mean temperature 73 68 74 78
Precipitation 00 .00 .00 .00
Record of temperature and precipitation
at Omulia for this day and since March 1,
Normal temperature 69
Excess for the day 4
Total excess since March 1 31
Normal precipitation 10 Inch
Iencleney for the day 10 Inch
PrecliitMtlon since March 1 27. tJ Inches
Excess since March 1 4.43 Inches
Deficiency for cor. period, 1902.. 1.07 Inches
Deficiency for cor. period, 19U1.. 8.91 Inches
Reports from Station, mt T P. Bf.
A
5 2.
?3
: c
3;
CONDITION OF THS
W BATH hi IV
; el
: s
Omaha, clear
Valentine, clear
North Platte, clear
Cheyenne, cloudy
Salt Lake, clear
Rapid City, clear
Huron, clear
Wllllston, partly cloudy
Chicago, partly cloudy
Bt. Iuls, clear
St. Psl. cloudy
Davenport, clear
Kansas City, clear
Havre, clear
Helena
KMmarrk. partly cloudy....
Galveston, clear
78 84 . 00
tti 90 .00
84 9S .00
M Hti .00
8H 8S .00
78 82 . 00
801 8 T
S8 72 .08
7 h .00
78 8- .00
70 7? .02
7ti fc .00
78 84 .00
70 74 .00
76 78 .00
73 W .00
75 tu .00
T Indicates trsee of predpltatlnn.
e wtfixta. i-ooai roroaater.
DECIDES IN FAVOR OF MM
Jnige Dsj Grants Application to Crjiin
Contract to Barber Company.
INTIMATES HE WILL ISSUE FINAL DECREE
t'aless Seme I n foreseen nnd t nknown
riaa is Devised 'City Will Have
Km Streets Paved This
Year.
Unless some plan can be devised not
at present known to any of the city offi
cials, to the contractors or to the sttorneys
for the city and the contractors, there
will be no repairing of asphalt paved
streets-except of the few streets still under
maintenance contracts-during the present
year.
Judge Day yesterdsy afternoon decided In
favor of the plaintiff In the application of
Fred O. Kuni for an Injunction restrain
ing the city of Omaha from letting to the
Barber Asphalt company a contract for re
pairing asphalt paved streets under the
bids received several weeks ago. Kuns
represented the Nebraska Bltullthlo rav
ing company, which claimed that the hid
of the Barber company was Irregular. On
a similar contention the Barber company
about two months ago by Injunction pro
ceedings prevented the city letting a con
tract to the Bltullthic company.
Judge Day stated that the facts In the
case were practically agreed to by both
sides. On the law points he held that the
city has the right to accept surety bonds,
and that It has the right to conduct certain
business by concurrent resolutions, nlno
that the letter accompanying the Barber
bid specifying the amount of bitumen In
Its asphalt, etc., did not vitiate Its bid.
On these points the ruling was against the
plaintiff. But on the question of advertis
ing Judge Day held squarely for the plain
tiff. Reads tho Law.
He read the law on the question, which
provides for an official paper of the city
and for posting notices of letting of con
tracts on a bulletin board In the city hall.
In case the paper designated the official
paper by the city refuses to publish city
notices, then posting on the bulletin board
shall be sufficient, but no showing what
ever had been made, the court stated, that
any paper had so refused to publish city
notices. He therefore held that the law
regarding advertising had not been com
piled with by the city. If the plaintiff was
ready to give a good and substantial bond
he would thereupon issue the order.
The final decree In the case was not en
tered, as Judge Day sated he desired to
hear from counsel on the question of the
right of a taxpayer, standing simply on
his bare legal rights, and with possibly
not to exceed 6 cents worth of pecuniary
Interest, to bring an action to prevent the
city from entering into a contract when
the law- gives it the right to make such
contracts. This was a different case, the
court stated from the case of Popplcton
against Moores ct al. on the water works
matter, as In tha case the action was
brought to prevent the city doing that
which it had not the legal right to do.
The counsel will be heard on the above
point tomorrow morning, and It Is expected
tho decree will then be entered.
Manager Grant of the Nebraska Bltullthlo
company stated that the required bond
would be ready.
naddlaon on the Chippewa.
A new town in Sawyer county, Wisconsin
on the Omaha road, located on both tha
Chippewa and Couderoy rivers. In the cen
ter of a most fertile and promising hard
wood district. Good muscallonge, bass and
pike fishing In both rivers. Exceptional op
portunity for land seeker. If looking for a
new location don t fall to see thl3 ns
country. For map and full particulars writs
to Postmaster, Radlsson, Sawyer county.
Wis., or to T. W. Teasdale, General Pas
tenger Agent, C. St. P., M. O. Fy.. St
Paul.
HYMENEAL
Barger-Peterson.
TLATTSMOUTH. Neb., Sept. -(Special.)
A very pretty wedding ceremony
In the St. James Episcopal church this
evening at 7.30 was the marriage of Lorln
W. Barger, a draftsman In the Burlington
office In Lincoln, and Mlsa A'ice Peterson
of this city. Rev. H. B. Burgess officiat
ing. The. bride was attired In a gray trav
eling suit and the groom In the conven
tional black. Mr. and Mrs. Barger de
parted on the evening train for a short
visit In Chicago.
Till September 17th
Too much water everywhere in the world.
P. S.
The place
BLUFFS MAN IS ARRESTED
He la Aeeused of Stealing n Certlteate
of Deposit In St.
Joseph.
ST. JOSEPH. Mo., Sept. 2. (Special Tele
gram.) Martin Jensen, who came to this
city a few days ago from Council Bluffs,
where he hnd been In the employ of the
Burlington, was arrested this afternoon on
the charge of stealing a certificate of de
posit from R. R. Woodrlng, also of Council
Bluffs.
The certificate was for $1,100 and was on
a bank at Falls City. Neb. Jensen took the
certificate to the Missouri Valley Trust
company and secured a portion of tho
amount by leaving the check on deposit.
Ha went to Horton, . Kan., spent 1h
money and this afternoon came back for
more, when he was arrested.
SCORPION IN A COLLISION
Gnnbont Strikes Steamer and Drives
Two Holes In Its
Side.
NEW TORK, Sept I.-Ths Metropolitan
steamer H. M. Whitney, bound for Boston,
was In collision in the East river today
with the gunboat Scorpion. The two ves
sels struck at a point In the river well
toward the Brooklyn shore.
Scorpion struck Whitney on the
starboard bow and drove two holes In the
vessel, one about seven feet above the
water line and the other about two feet
above. Whitney put back to Ita pier,
where It discharged Its freight and pas
sengers. Scorpion had a large hole stove In It It
proceeded to the navy yard, where It was
pumped out and laid up for repairs.
FAILS TO SWIM CHANNEL
Fonrth Attempt of Montague Holbein
tha Englishman Proves An
other Fa 11 a re.
DOVER. England, Sept. 2. Montague
Holbein, the English swimmer who left the
south foreland yesterday evening In his
fourth attempt to swim the English chan
nel, has failed again.
He left the water eight miles from Calais,
France, after swimming seventeen hours
and twenty minutes.
Holbein was within four miles of the
French coast at 8 o'clock this morning
when the tide turned and gradually
swept toward Dover, hence the abandon
ment of his attempt
Goes from Bad to Worse.
Always true of constipation. It begins
many maladies, but Dr. King's New Life
Pills cure or no pay. Only 25c. For sale
by Kuhn Co.
DEATH RECORD.
Rev. Dr. James Leonard Corning.
NEW TORK. Sept 1 The Rev. Dr.
James Leonard Corning, the celebrated
pulpit orator and historian and diplomat. Is
dead in Munich, according to a private dis
patch Just received Tiere. Dr. Corning was
seventy-two years of age, had been active
as a minister for the last twenty years.
was one of the most celebrated art histor
ians of the present age, and had lectured
both here and abroad on his favorite sub
ject He was at one time American consul
at Munich. He was an Intimate friend of
President Lincoln, General U. S. Grant and
Henry Ward Beecher.
Stephen W. Kennedy.
AUBURN, Neb., Sept 1 (Special.)
Stephen W. Kennedy died here last even
ing aged 87. Mr. Kennedy was cne of the
pioneers of this county, having come to
he ccunty In 1855. He was county com-
f.lgsloner for several terms - during tho
revenues, and held other Important offices.
He was o:e of the prominent c!tlzns, and
a very euccessful farmer.
C olonel A. W, Johnsou.
GARNET, Kan., Dept. I Colonel A. W.
Johnson died at his home In this city to
day of Bright's dlbcase. He was a promi
nent flguro in Kansas politics for forty
years. He came to Anderson county In
1858 and Joined the Free 8tate colony and
was active In the border warfare troubles.
Arthur H. Dlngley.
KALAMAZOO, Mich., Sept. 2. Arthur H.
Dlngley, son of the lata Congressman Nel
son Dlngley of Maine, and one of the own
ers of the Kalamasoo Evening Telegraph,
died in Denver lust night, nged 38. He
went west three years ago In search of
health.
Grocers' and
utchers' Pi
Again
Postooti
Sept. 17th is SURE.
will be announced later.
A Great Many
of tha
HIGH GRADE
PB
at the
Hospe Fire Sale
Are still unsold and will be cut much
lower Just to see them move more raJ
pldly. Although we have an Immense sale
on the medium and chenper pianos, wo
must clesn out all the slock on which wa
received the Insurance benefit. This means
that the ti00 pianos tip to the $soo planoa
ore, marked to sell for $.117, $.137, $366, $3W.
Then the $.w jaso, $4"0, $tso, marked to
sell at $191, $217. Z27, $378 and $J87. Terms
the lowest ever offered $15 cash, $7 and $S
per month $25 cash and $10 and $12 per
month.
In this lot you will find the greatest
known pianos of tho world. Elegant Kran
lih A Bachs. Mallet. Davis. Kimball pi
anos, Weser Tiros. Whitney, Hospe, Llnoe
man, Krell, Sterling and many others, all
fully guaranteed new, clean, up-to-date. In
mahogany canes, In oak cases, In walnut
coses. In butternut cases, also rosewood
the choicest line and the easiest way to
buy them.
We have sti'l a number of the pianos
which sell for $11S. $1SR, $7S. $187 on $S
payments In all colors of wood. Fine
scarfs snd stool Included. Our guarantee
as well as the factory warrantee.
ORGANS
Felling for almost nothing.
High top organs new ones, St $38, $48,
$o4. on rc weekly payments. You never
will find what we offer and practically
give tho customer at this sa'e In a lifetime.
Remember, wo are giving esch customer
with every snle' the mnny the Insurance
companies paid us to settle this loss. We
hnv deducted tlii for your benefit. Con
sider this, exnmlne the guaranteed In
struments nn'l you will make your se
lection instantef.
Our ART STOCK, ths PYROGRAPHT
stock, the PICTURES and FRAMES, is
well as the MUSICAL INSTRUMENTS, all
go at this BIS SALE. Yoa w!ll ka con
vinced that th) qualify of the gcods an
the highest, the prices the west, the
teteis the easiest and the guarantee and
treatment the tafest and most secure at
A. HOSPE CO.,
15 13-15 15 Douglas Street, Omaha.
A skin of btnuly is a jog fbrroer, .
DR.T. FELIX GOURAUD'S ORIEr.TL
CREAM. OX MAulCAL Br.AUTIr'IER
R.mnTw T&n. riir.ple,
FrecklM. Moth Pitch,
Hh n4 Kkla !!
rjj sail rrr
S o
ur It tr r'opsrlr
mas. A'lo-pt ne
eounurf!t ct ilml-
U: n4in. Dr. i
A. m.14 te a
Ulr o' th hsut-
ten (a MtUat):
yea tadlM
WMI - IIM ttMBV I
recommend 'QOJKAfD'S CREAM'" ttu IWst
harmful .f all the ekln prepuratlone." Tor Ml br
ail drusslate and finer (ucdt dealers In the United
Stales end Kurt-re.
KF.nO. T. nOPKISI, IPrap'r.
tt Great Jones It.. N. T.
IP YOUR H1SIR
1 Uray, Streaked or Bleached, l eaa
roe tared te say beautiful celor by
The Imperial Hair Regenerator
lb acknowledged BTAKDiRD HAIa
'OT.ORINO fur Gray or HU.hed Heir.
Colore ere daraMeiessily applied, its sea
eenuot bndftiecteit. Hanipleofhelr colored)
tree. CJorreeDoniteuoe aoafldeatlal.
imperial ChemlcAl Co., I3t W. Ud B... N. T.
told by Kiierman & Mi-Connell Drug lie,
f m&ha. Neb.
MEN MD WOMEN.
Uee Bit i' r l enatura.
ill.- taerw, efUn eietlooa,
iri'alluna or ulursllont
of tntiooaa sieir. breast.
Painleee, end not setrla
rent -r se ansone.
Mold by Jtnasglsta,
l J or eoni in plain wrapper.
ill 1. - .. .MMlit tmM
Kfa nrlbntt-esW.J.
I t rculr ease es xweeei,
mm
it wr i
-r sna acnvi ancuon.
M It ou tooa th ImI
7 of flfty-bve
: I and ! to fctrmltM
w uU It bs
M "an! fr " i
JL Garat4 feS
ft 444 jf MfWiri.
aj1b-vedW gnuVWlsl (OVtftVlwl
i'A UNOISIUTI.O.E'?'!