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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 17, 1904)
THE OMAHA DAILY HEE: THURSDAY. MARCH 17, 1004. CHARGE AGAINST MAJORITY Alleged Violation of Public Trait Lvd to Lobeck end Wi hnelL INVESTIGATING COMMITTEE REPORTS irriafi Comptroller and Baildlss prrlor of lollaloa wllh foi (rirfnri and ComplfClf Ei onesales (Mr Knlnffr, ' Violation of offlolai trust Is the ch.-irsre preferred against Mty Comptroller Charles O. Lobeck and Building Inspector Charles H. Wlthnell. majority members of tlie Board of Public Work, by tlie council com mittca which Investigated the charges re lating to the paving specillcatlons coming; under the Jurisdiction of tlie board. The committee In Its report accuses Lobeck and Wlthnell with having nllowed themselves '. be Influenced by John Grant and Hugh TMurphy, paving contractors, and com pletely exonerates City Engineer Andrew Kosewater, the minority member of the board, of any blame or misdeed. The report of the committee was sub mitted to the council at a special meeting late yesterday afternoon. It was received by a vote of T to 1, O'Hrlen voting no and Councilman Back going absent. The committee, which was composed of Councilman Nicholson, who acted as chair man, and Councllmen Hoye and Bchroeder, reported that Iobcck and Wlthnell had adopted Illegal specifications which re stricted competition under them; found thut charges against Engineer Rosewater thnt be had worked In the Interests of the Bar ber Asphalt company to be without founda tion and vindicated his contention that his specifications admit absolutely free bidding without favor to any contractors. Mo Motive Assigned. Whether the comptroller and building In spector acted wittingly or unwittingly in the:r Inclination to please the contractors, the committee docs not attempt to say. It gives its reasons - for the conclusions reached In the long report uppended and recommends merely that "no Hpecltlcatlons be adopted which do not admit of the wid est competition on the several classes of tavements." When the council convened Back, Hunt ington and O'Brien were absent and Coun. oilman Nicholson demanded a call of the house. O'Brien and Huntington were se cured and appeared, but Back was reported out of the city. In the testimony given, his name was mentioned as one of the par ties who had been present on an occasion at a conference of Lobeck, Wlthnell, Mur phy and Grant fn Murphy's office. Various excuses for consulting with con tractors were given by Comptroller Lobeck, the chief one being that he desired Infor mation so that he cauld utilize It in mak ing reports. He denied that he had been under the dictation of anyone or used other than his own judgment, but the only rea son he gave for not consulting an engineer In place of the contractors was that Mr. Rosewater was the only engineer he knew, and that "he was hard to talk to." Following is the report of the committee In fuU; ral Teat of Report. OMAHA, Neb., March 14. 1904.-TO the City Council of the City of Omaha: Tour committee appointed for the purpose of in vestigating the cause of delay of the Board of Public, Works in the mutter of passage and adoption of specifications for paving tor 19u4, met and organised pursuant to a resolution authorising their appointment on February 20, 1904, and begs leave to report a follows: . - First, that aald committee at the con sultation deemed It advisable to hold sta tions behind closed doors, particularly In view of the fact that there were no churges against any member ot said Board or fub llo Works and because, under the terms of the resolution by which the committee was appointed, the principal object of said com mittee waa to iTiligliten the council in ref erence to paving specifications submitted and about to be submitted to the council. The committee leemed a number of sub poenas, but C. II. Wlthnell, one member of the Board of Public Works, when called be fore the committee refused to testify, bas ing his objections on the ground that he was practically subject to charges before aid committee and that he had a right to a public hearing. Tour committee there upon opened, its doors and allowed report era present, but Mr. Wlthnell thereupon refused to testify unless public notice of the opening of said session should be given In the newspapers of the city. . Said Wlthnell thereupon secured a writ of prohibition from the district court pre venting the committee from attempting to enforce the giving of testimony by said Wlthnell by punishment for contempt. Sold Wlthnell afterward secured a restraining order against your committee restraining It from proceeding to take any testimony in relation to said Wlthnell's conduct as a member of the Board of Public Works and from making any report to your honorable body of the evidence taken or its finding unless the session of said committee should be opened. WithBCll gparaed All Offers. Tour committee thereupon, as a matter ot courtesy to said Wlthnell and in order to be perfectly fair with him, offered In writing to allow said Wlthnell and nla at torney to read all of the testimony taken and to be present, by himself or with an attorney, at all further meetings of said committee, and to give said Wlthnell the privilege of recalling any wlttiekisea for cross-examination that he might desire, and aJso giving said Wlthajell, at his re quest, the permission to huve John Orant and Hugh Murphy present at the cross examination, of any witnesses; also offered to give said Wlthnell a rlaht to call any and all witnesses that he might desire be- tended and la herewith returned to this body. Second, your conimtte finds l.i.m t-,e evidence produced t.-fire lr that c n Jan uary 12, iH Mi 'in., water, as iha'rman of the Hoard of rul!i: Works, presented a set 01 spi -. it'.' Hlluni nn- in; l.ltnnimou concrete, or b;t-.iithiO pnvrmfi't. (b Asphalt pavement. Including under trio specllV-atiorn f"r xtmet ssphelt'im, both eclilcatloh lor that t'.ade by hke and by rock Hxphalt. " (Mon block pavement, 1) Macadam pavement. e Hrlck pnvemnt. (f) Brick block pavement. Your committee further finds that the other memlier of said board, Mr. Wlthnell and Mr. lobwk, refused to discuss snd go over paid specifications at said meeting in open ix ant anil continuously r1 ms-n tc consider said specifications with Mr. Ros' AFFAIRS AT SOUTH OMAHA Real Ea'ste nd Building Show Healthy Condition. . Mot FROSPECTS GOOD FOR A LIVELY SUMMER Baslaess Men In All Lines Kaeosrsged by Present Activity aad Ootlook (or (he Entire Coming; Season. water, the chairman of the board, until the 2.VI day of January, at which time Mr. Lobeck and Mr. Wlthnell presented a set of specifications, which were by the major ity of said board adopted on the !13d day of January. That said set of specifications were Illegal In form and so drawn as to limit competition. Sold specifications omitted bituminous concrete and omitted rock asphalt and combined brick and brick block In such a way that brick block would be practically excluded from com petition. Consulted Us F.nalneera. Your commutes further finds that the majority of said board are not engineers or practical experts on paving, and that they did not In drawing their said set of specifications consult with any engineers. but did consult and in a large measure adopted the suggestions of prospentlv bid ders In this city, to-wit, John Grant and Hugh Murphy. Third. Vour committee further finds thnt after the rejection of said specifications adopted Jnnunry ifl, 19o4, the chairman of suia board again presented to said bcarJ a set of specifications covering the snmo classes of material, 'men tioned In Ills first set of specifics-. Hons but that the majority of said board, consisting of Messrs. Lobeck and Wlthnell, again refused to take up and discuss or consider said specifications in open boird meeting, but adjourned said meeting and on February 2t. at the board meeting ap peared with a long list of typewritten amendments to the specifications prepared by the city engineer, by which amendments, among other things, said majority mem bers of snld board cut out the specifications for bituminous concrete or bltullthlc pave ment; the specifications for rock asphalt, and inserted In its place specifics tlons for block asphalt; changed the specifications from stone block so as to limit it to sand stone and granite; changed the specifica tions for macadam; changed the specifica tions for asphalt paving so ss to eliminate the requirements for furnishing the city with a formula for their manufacture of asphalt, and In place of the specifications prepared by the cnalrman on aspnait. adopted In substance the specifications In force In the city of Washington, I). C. 1 thnt said majority of the board also, by said amendments sgnln cut out brick tilock and provided for sixes for brick which would cover the sixes of brick block but so arranged the specifications on brick ss to practically eliminate brick block. These specifications were egaln adopted by tho majority of said board and reported to the council. Limits Competition. Fourth. Your committee further Ands that said specifications as last adopted by Messrs. Withnell and ljobeck's votes on trie Board of Public Works were so arranged as to limit competition and that In the prepara tion of said specifications Messrs. Wlthnell and Lobeck both visited and consulted with Hugh Murphy and John Orant and that knowingly or otherwise, which the com mittee Is unable to determine, said set of specifications were drawn In the Interests of Hugh Murphy and John Urant, prospec tive bidders for paving In the several par ticulars, towlt: (a) Thut said specifications cut out tho bltullthlc pavement nnd rock asphalt, two competitors of usphalt. (b) The limitations on stone pavement were such as to either cut out Sioux Falls granite or open It to legal question whether it could be considered, thus practically con fining stone pavement and stone guttering to sandstone, of which the evidence shows Mr. Murphy to have a practical monopoly. ic) Thut Mr. Murphy Is known to have been a bidder on brick pavement In the past; that the combination of brick and brick block In one class, with a provision that the contract shall be let to the lowest bidder In the class, practically cuts off any competition on behalf of brick block, which Is known to be a more expensive pavement than ordinary brick. Fifth. Your committee further finds that the delay in the preparation of the specifica tions for paving has been due to the con duct of Messrs. Wlthnell and Lobeck in refusing to consider specifications In open meeting and in allowing themselves to be Influenced by John Orant and Hugh Mur phy, prospective bidders under said rpecl flcatlons, and that In said matters they have violated their duties as public officers. Rosewater Pinna Acceptable. Sixth. Tour committee further reports that as cnarges were maae Dy Mr. Itnnell In his suits that the specifications prepared by Mr. Rosewater favored certain con tractors, your eimmlttce lnvestlaated said matter and does find that the specifications prepared by Mr. Rosewater admitted abso lutely iree mooing, without favor to any contractor, and that charge Is without foundation. I niter tho present system of bidding on all material before the designation of mo. terial for the particular district, each class ot material comes Into competition with all other classes, and that It was essential for the protection of property owners that as many classes of material as are flitt to make a good pavement be Included under urpaiHio neaas, in oraer mat the property owners may have free onnortnnltv a nste the material desired and that the cut ting out of certain classes of pavements and combining them in single classes tends to limit the field of competition and Is detri mental to the Interests of the property owners and to the advantage of favored contractors. Your committee therefor ve.nmmAn. that no specifications be approved which do noi Kunui or ne winesi competition on the fore the committee. This offer was re Jected by Mr. Wlthnell. and upon hearing the restraining order gal net the commit tee waa dissolved. Your committee again subpoenaed said Wlthnell and John Orant, but they both refused to attend said committee. All of the evidence taken before -said committee was taken In shorthand and has been ex- several classes or kinds of cavementa "KRS T. NICHOLSON, (Signed) F. H. HOYE. P. C. BCHROEDER. Special Investigating Committee. Severe Cold by Cbamber laln'S) Coaarh Remedy. "During my trip In the Transvaal I con tracted a heavy cold. I am pleased to state that Chamberlain' Cough Remsdy gave me prompt relief and after continuing Ha use for a few day was entirely rid of the distressing Indisposition." says Mr. Albert E. Btlasny, manager of Anheuser-Busch Brewing Association, Cape Town, Africa. This remedy ha a world-wide reputation for It cure of cold and can always be depended upon, Shamrocks for the asking at Black's. rightful Heartaches Cured. One of My Many Experiences with Such a Distressing Malady. Too many disre gard a beadacbe. I Bud that many of my patient who sutler continually from such paius seem to tb'.uk tbaut it notli iug Toy enout. (inch ia not the rate. 1 ha found in my practice that head ache is a symptom of somatulntf really dangerous. It shows a complete .esse of demoralisation of the entire body. V her chronic and severe beadacues exist you nil! nod that tbe stomach is eloranred, the bowels do not act properly, tbo blood U Impure, and In nerves are fast becoming complete wrecks. All mch trouble are aerioui, if eg.ected, dangerous 1 and 1 am lorry to say too frequently fatal. I bav seen many unfortunate in roy time, who bav had plenty of warning, but having disregarded Mine, and refused to take advice of medical men. are today either to their grave, or absolute physical or nr vou wreck. Our luaao aiy'lom all or tb land are filled with patient wbo bav bad plenty of warning of what wti coming to them from headaches. I can cor bead acne, ao matter tlie cane, for it I whkt cause tb headache tbat 1 get right after sod endeavor la mak well.'" I know of nothing belter than my ala able piescriutioB, Dr. Kav' lUnoTator, fur ill cur of this vry painful malady, anj the derangement of which it is the symptom. My Dr. b.t' lienovator is, a is now well known, g prescription that I perfected after sack (tudy and snaay year of experiment. lis) luil owing 1 mi Instance showing wher my Renovator accomplished great food. Hi from Mr. Frank Cuiieu. resid ng at 8arattga Spnuga, X. Y., and read at follows; ' For many yean my wif ws tronbled wtih an almost constant btadacue. Many physician have trcaU'J ber, and 1 lit' paid out I a re smut of uioner to relieve ber headache, Sh began taking Dr. Kay Kanovator and after taking several boxes of tbe tablets, she is uow able to sat anything tbat she desire without any inconvenience, bbe has not seen a puyi;cian in a year." Wbal 1 Lav done In hundred of easel, I know and expect to do in thousandi more. My advice to anyone suffering from Uesd acu. Backaches, Derangements of tb biomacb, Kidney, Liver, Impurities of tna Blood, Broken Down Nerves, is to try my Dr. Kay' Kenoraior. It will cure yon ureiy unlrs your case is extremely exag gerated and has been too long neglected. Yon will nnd it a iul excellent tonic and rebuilder. If your cat 1 an obstinate on 1 wonld advls you to write to me, and 1 will give yoa the benefit of my experience and ad ice. and 1 wi!4 alto prescribe for yon abeoluts'y free. In tli meanlim you will be on tb f side by going t tlie nearest druggist and buying a box of my Dr. Kay's Kanovator. If conn iu JJ ct., 60 cu and $1.00 package. If yon cutinot procut it I will teud 11 by mail on r.'ceipt on price. AU letter addressed to Dr. B. 1. Kav, r-o Th Dr. B. J. Kay Mfd'.cal Co., 2 Clinton St., Saratoga bprtofft, N. Y., will bav prompt attention, and b ojntioered ia erer.r war conlidential. When yoo writs me I would recommend tbat vou fully describe your symptom and trouble. It will belp sue la diagnoeiug your east and aabl lb ia briaguur e,sit.x reiarf to yoa A busy season Is expected this year In the building line, also In the real estate business. Dealers In real estate say that Inquiries are coming In every day, and that a day seldom passes without a transaction of smo kind. Those who are Inquiring for property propose to build. This desire to build has created a demand for prices from firms dealing In builders' supplies. Lumber dealers say that, while the building season will hardly open before the middle of April, already quantities of lumber haa been pur chased. One lumber dealer said yesterday thst the price of lumber is lower now than It haa been for Borne time, and he attributes the desire to build to this fact. All of the dealers In lumber have a large supply on hand and more I coming In almost dally. Bo far this year few building permits have been Issued, but It Is expected that these will come In later, when prop erty owner have made contract for ma terial. Merchant here look forward to a pros perous spring and summer trade. With the building of the O atreet viaduct, the laying of additional track In the yards and the grading and paving of Railroad avenue, the city will be filled with work Ingmcn, and business men naturally expect to benefit thereby. With all of the Im provements mentioned cottages will be needed, and this is where the principal de mand for lumber and building material will come from. "Vncle Jimmy" Scott Reaches Home. Percy Ambler, chief of the fire depart ment at the tnkn Stock yards, returned home last night from a trip to Crawfords- vllle, Ind., where he went with Uncle Jimmy Scott, the veteran gate tender at the yards. Mr. Ambler said that Mr. Scott stood the trip nicely and was met at the depot In Crawfordsvllle by a relative who took him to his home, where It la expected that the old man will end hi day. With the going of Vncle Jimmy the stock yards company lose one of its oldest employes. Nebraska. Blind Children. The children from the Nebraska School for the Blind will give an exhibition of their work under local auspices on Friday evening of this week at Ancient Order of United Workmen temple. Of tho blind children Superintendent McLean of the South Omaha public school says: "While nothing but school matters Is ever formally announced through our schools, yet I take pleasure In speaking of the excellent char acter of this entertainment and wish all our children might see what their blind brother and Bisters can do under most un fortunate circumstance." Wiping; Ont Decrease. Receipts of cattle at the stockyards dur ing the last three day haa nearly wiped out the deficit In receipt. At the close of the yards yesterday afternon the de crease as compared with the same date last year was only 668 head. Advices from shipper tend to show that by the end of the week there will be an Increase In re ceipts Instead of a decrease. So far this year 191,819 head of cattle have passed through the yrds her. Hibernians Entertain Tonight. . vAn entertainment under the auspice of division No. S of the Ancient Order of Hi bernians will be given at Workman temple, Twenty-fifth and M streets, tonight. Here Is the program: Overture by the orches tra; address. Dr. W. J. McCrann; instru mental solo, Mr. W. J. McCrann; vocal olo. Miss Maud O'Neill; Instrumental se lection, Brennarv brother; vocal i'Olo, Thomas Halloran; recitation. Mis Conrey; selection by Larkln orcheatra; address. Rev. James Foley, Ottumwa, Ia. ; chorus, "God Save Ireland." Republican Meeting; Tonight. There will be a meeting of republican at headquarter. S16 North Twenty-fourth street, this evening at I o'clock. The ob ject of this meeting Is to perfect an or ganlsatlon for the purpose of carrying on the city campaign, which will open In a day or two. All those who have the Inter ests of the republican party at heart at requested to attend this meeting. Magic City Gossip. The usual election proclamation Is due in a few days. A son has been born to Mr. and Mr, John Haney, &S16 V atreet. Th Royal Achate will entertain at Odd Fellows' ball this evening. City Clerk S. C. Shrigley Is expected home rrom canrornia looay. Local politicians of both parties are get ting ready to open the spring campaign. Hugh Kennedy has gone to Hot Springs Ark., where he expects to stay for a month James A. Hall has accepted the position of head bookkeeper in tne omce ot ts. t;. Wilcox. Frank Burnesa Is still confined to his home. He has not been able to get out for a couple of week. Mr. and Mrs. J. M. Guild entertained a large company of friends with a musicals at their home last evening. A. L. Coleman, foremerly a resident of South Omaha but now located In Chicago, waa here yesterday visiting friends. Colonel I. C. Gallop, the well known horseman, has returned from Buffalo county, where he was called on business. The condlUon of Mrs. VV. D. Godfrey, who Is still at the Methodist hospital in Omaha, wa not reported so favorably yes terday. W. J. Brennan. formerly paymaster at Cudahy's. but now In business at Sioux City, is here for a few days looking after bualnesr matters. James F. McReynolds returned yesterday from Chicago, where he went to visit rela tives and incidentally look up some busi ness proposition. Sheep receipt at the stock yards keep tip. Yesterday nearly 9.0X) head were yarded before the closing of business at i o'clock in th afternoon, William C. Lyle of Denver was In the city yesterday, the guest of B. E. Wilcox. Mrs. J. A. Hall has gone to Auburn to visit her mother for a week. Rev. S. A. Blackmore of Crelghtnn uni versity, Omaha, delivered an Interesting address at St. Agnes' church last night. His topic waa "A Trip to Rome." Mrs. Carrie I.. Groud of Illinois will give a lecture at the Baptist church on the evening of March 24 for the benefit of the local Women's Christian Temperance union. 1SD1CT BARKER OH EIGHT COVMTS. Charged wllh Receiving? Money After Institutions Are Insolvent. SIOUX CITY, la., March 11 W. E. Brown, president of the First National bank of Storm Lake and owner of the Farmers' and Merchants' bank at Lynn Grove, the Farmers' and Merchanta' at Sioux Rapids an the Bank of Royal, was Indicted today by th Buena Viata county grand Jury on eight counts for receiving money after he knew th bank were in. solvent. , point that the Kmployers' association have brought out most clearly. They Insist that the employer shaft boss his own Job and they say this means that they can employ who they pleasn at whatever price they pletse. On each and every point union labor will fight them to a standstill, if the organisation which they now control can be held toprether. The city officials are already making preparations for trouble when the wage scale goes Into effect. They will not In terfere with any actions the unions mny take lawfully. CTMM1S WIS" OIT H HAMILTON. Repohllcnn at Webster City Instruct for Governor for Delegates. WEBBTETl CITY, la.. March 11 (Special Telegram.) The Hamilton County republi can convention met In this city this after noon. The iM rates to the state conven tion were !n.uticted for Governor Cum mins and A. H. Funk for delegates at large to the national convention and the con gressional delegates for Connor. DR. SCI1ELL WINS HIS SUIT Minister Brought Aotioa to Recover Dam- eet fir Libal. tMMey Municipal Ticket. SIBLEY, la., March l.-(Speclal Tele gram.) This evening at a cltlaens' caucus, attended by over 200 voters, the following municipal ticket was nominated: Mayor, W. C. Oarberson; councllmen. Cad. Mor rison, W. B. Stevens, Elmer Stamm; treas urer, Ed Bally; clerk, Horace Lemon; as sessor, John Debos. SOCIALISTS FIRST IN FIELD South Dakota Convention Names Can dldates and Delegates to National Convention. SIOUX FALLS, 8. D. March 11 (Special Telegram.) The first congressional and state ticket to be placed In the field In South Dakota was nominated by socialist of the state at a convention which con vened here yesterday, but which did not complete Its work until an early hour this morning. The ticket nominated is as follows: Con gressmen, II. W. Smith of Sioux Falls, S. A. Cochran of Brookings; governor. Free man Knowles of Lawrence county; lieuten ant governor, I. N. Burnslde of Hyde county; secretary of state, F. W. Webb of Brown county; state auditor, John Clancey of Lawrence; commissioner of schools and public lands, D. M. Blemmons of McCook; presidential electors, Charles Grosse of Union, G. A. Grant of Clark. D. G. Stewart f Bowen, D. E. Cary of McCook; delegate to national convention, H. W. Smith of Sioux Falls, Freeman Knowles of Dead-wood. DR. CHARLES PARKHURST IS A DEFENDANT Suit Grows Ont of Charges Made In ( hurch Publication Impuatnlnu; the Motives ot the Plaintiff. BOSTON, March 11 A superior court Jury today returned a verdict In favor of Rev. Dr. E. A. Schell of Chicago, formerly general secretary of the Epworth league, In his suit for Jlbel against Dr. Charles Parkhurst, edltor, and the Boston Wes leyan association, publishers of Zlon's Her ald. The Jury fixed damages nt t-t.OOO. The suit arose over statements printed In Zlon's Herald In 1899, regarding the pub lication by Dr. Bchell In collaboration with E. O. Excel), a composer of Chicago, of a aacred song book for the use of the Ep worth league. The alleged libel was contained in state ments that Dr. Schell waa dishonest and had utilised his position In tho church for his personal gain. The defense wa a gen eral denial of the (.negations, and a claim that the published statement wa true and privileged. BRUISED BODY IS DISCOVERED Deadwood Authorities Seek to Dis cover the Identity of Dead Woman. DEADWOOD, 8. D., March 11 (Special Telegram.) Passengers on the train be tween Deadwood and Central City this morning saw the body of a woman lying face downward in Deadwood Creek, and upon arrival In the city notified the author ities who brought the body to town. Ip to the present time the woman has not been Identified. At the place where the body was found the creek Is but a couple of Inches deep nnd It seems impossible that her death could have resulted from drowning. On the left side of the face are several bruise and blood had flowed from the ear on that side. Coroner Allen will hold an Inquest over the remains this afternoon. Hearing?' l Saloon Cause. I IERRE, S. p., March 11 (Special Tele gram.) The supreme court today granted the order to .show cause in the case of Burke itgalnst Collins, from Hand county, and has placed the case on. the calendar for hearing, setting Wednesday of next week for the arguments. This i the case where Burke Is seeking to compel the county commissioners of Hand county to accept his bond and grant him a saloon license in the town of Miller. It haa created a great deal of strife in the town and a It involve the power of county commis sioners to act as they see fit in such cases, It lo of state-wide Interest. Ranchmen to Fight Irrigators. LARAMIE, Wyo.. March 11 (Speclal.) The ranchmen of North Park, Colo., are up in arms and will this spring fight the nu merous Irrigation and other concern that have in year past appropriated almost all of the water of the streams heading In that section and which supply water for irriga tion In Fort Collins, Greeley nnd other colo nies on the plains. The ranchmen claim that considerable water Is stolen and that they are unable to conduct their business owing to it shortage. Justifies Killing- of Indian. LANDER, Wyo., March 11 (Special.) United States Commissioner Johnson, who Investigated the k'lllng of Tagwanong weeda, a Shoshone Indian who was shot down by William Washington, a member of the Indian police force, a few day ago, held that the killing wa Justifiable, and Washington was discharged. The testimony showed that Tttgwanongweeda attempted to draw his gun, but the policeman reached his own weapon first. Preparing (or iJtbar Trouble. IOWA CITY, la.. March 1; (Speelal.) Unlon labor in th city made plain laat night for th first Unit sine th organisa tion of the Employer' Protective associa tion what position It would aaauro after April 1. when th new wage scale got Into effect. All hope of arbitration I now gone. Union labor will not submit to either srt Increase of hour or a reduction of wage or tb opus bp. Thee ar tb ' three Cody Incorporate Coal Company. CHEYENNE, Wyo., March 11 (Special.) Cody' Wyoming Coal company, the. first of several big enterprises to be undertaken in this state by a syndicate of New York and London capitalists formed by Colonel W. F. Cody a short time ago, was Incor porated here today. The capital stock I $9A0,0o0 and the company will open and de velop extensive coal deposits In the Big Horn basin. Lander Man Commits Suicide. LANDER. Wyo., March 11 (Special.) Nick Waddell, si respected citizen, was found at his home with the top of his head missing. Waddell had killed himself with a 25-35 rifle and had been dead some time before the fact became known. No cause for the act is known. Mrsu Murphy I.osea Case. CHICAGO, March lfl.-The petition of Mrs. Annie Murphy to be declared th lawful daughter of the late Baron von Olahn whs denied today by Judqe Orrln N. Carter. Mrs. Murphy vu contending for a reduction In the Inheritance tax, nhe hav ing been left flO.noO by the luiron. The case hinged on the question whether church rec ords In Brooklyn, N. Y.. had been altered to show a marriage had been eolerViiiir.ed between Baron von Utahn and the mother of Mr. Murphy. The court upholds a sub sequent marriage. DEATH RECORD. James G. Ruckle. AVOCA. Ia., March 10. (Speclal-Jame G. Ruckle, after one week's Illness, tiled at his home In South Avoca Tuesday even ing of pneumonia. Mr. Ruckle came to Avoca with his parents over forty years ago and has continuously resided In or near Avoca ever since. He leaves a wife and one daughter. Funeral arrangements have not yet been made, owing to a brother in California and a sister living In Lognn being unable to reach here. f Funeral of Mrs. Datuereaux. AVOCA, Ia., March 18 (Special.) Tho funeral of Mrs. F. A. Dameraux, who died at her home Monday momingof cancer of the stomach, was held this afternoon from the PrcHbyterlan church. The Rebekah nnd Royul Neighbor lodges, of which the deceased was a member, attended, the Rebekah lodge using Its ritualistic service at the cemetery. Mrs. John El. Kearns. CODY, Wyo., March ll-(Speclal.) Mrs. John E. Kearns, wife of Mayor Kearns, Is dead at her home here after an illness of Only one' day. . FIRE RECORD.' Chemicals Hinder Firemen. CHICAGO. March 11 Fire started this afternoon In the four-story building at 82 Lake treet, occupied by Appel, Murdock & Co. The presence of chemicals stored In the building hampered the work of the firemen and the flames passed rapidly to the store room of the company at 84 Wa bash avenue and from there to the build ing at 7(1-90 Wabash avenue, occupied by Well A Nelllger, hardware dealers. Machinery Warehouse nt Aberleen. ABERDEEN, S. D., March ll-(Speclal Telegram.) John McArthur & Son's ma chinery transfer warehouse was burned here this morning, together with the stock. The loss Is (67,000, sustained principally by the Acme Harvester company of Peoria, Ills. The insurance is toO.000. The fire Is thought to be of Incendiary origin. For that tired feeling don't consult your doctor and his pills, but go to your grocer and buy a package of the Bell Coffees or Red Dragon Tea; drink a hot cup of either. This advice costs you nothing. PRIME Richly nurtured, solely for beef extract, and 2,000 'head" per day required to fill the little whit jars found In the hands cf Good Cooks throughout the world. That Is the Liebig Company's Extract of Beef I'XIOX STATIC! IOTH AM HAItCV, Chlraao, Rock Island A Pacific. ' BAST. tt. Arrln ratrafn PattUM thelites' a I M sm m h Chimin Parlunt Loril a t wi am a S ss fni rhirafio Kiprcpft btl lt am a S It pm P-a Motnra Fipr .a 4 ,10 pm bit M am ChlriBo Fact Kiprea a B 10 pm a 1 ti ptn WEST Horky Mnnntaln t.lmltrti a T.80 am a 1 .ti pm Li'.icntn, l tlor.a Fprlnta, Den ver, ruhln and Yt a 1 SO pm a 1.00 pm fin. California and Oklahoma Vrrr a 4 10 pm alt 40 pm W Alnh. St. Louis 'Cannon Wall" m a t to pm a I M am t Louis Uoeal (c eaucll ftluRa) a I II am aiO.M pm l hli uan v .Nori h n vsvern. fast Ih.raao 1 40 am 1.51 am Lrtcal lll.lll mil in . - "II I III in l I 0 3 a 7 6n am alu FORECAST OF THE WEATHER Rain for Nebraska nnd Iowa, Fol lowed nn Friday by Fair Wenther. WASHINGTON, March 1. Forecast! For Nebraska and Kansas Rain Thurs day; Friday, fair. For Iowa Rain or snow Thursday; Fri day, fair In west, rain or snow In east portion. For Indiana and Illinois Rain Thursday and probably Friday; fresh winds becom ing northwesterly. For Missouri Rain Thursday; fair In west; clearing In east portion and colder. For Colorado and Wyoming Fair Thurs day and Friday. For South Dakota Fair Thursday, ex cept rain in southeast portion; Friday, fair. Local Record, OFFICE OF THR WEATHER BUREAU, OMAHA, March 1. Official record of tern, perature and precipitation compared with the corresponding day ot the past three years: 19D4. 1903. 1902. 1901. Maximum temperature ... :i6 64 -1 63 Minimum temperature ... . 41 2 30 Mean temperature SS 4 12 IS Precipitation 03 T T 00 Record of temperature and precipitation at Omaha for this day since Murch 1, 11)01: Normal temperature ti Departure for the day 0 Total excess since March 1 M Normal precipitation 01 Inch Deficiency for the dny 02 Inch Precipitation since March 1 4n Inch . Deficiency since March 1 18 Inch j Deficiency for cor. period, 1!V3 61 im li i Deficiency for cor. period. 1!W2 14 Inch I Report of Stations nt 7 P. M.' A KIN OP BEAPTV I A ,10V FOPFVFP. R. T. FFI.IX OOCRAt'D'" ORIENTAL CREAM, OR MAGICAL RKAUTIFIKK RemoTM Tan, Pimples. FreKle, tnm i wnrj itaAn, ami nam aiaeases, anl every tiiamiah on teautr, anil lefles-lrtecllon. It aa ftoo.t tbe rrt t Ge. vnara. and la so Harmless t.-sfe It to he aura ilia pro perl mado, Accept M rounlrr frlt of similar pame. lr. I,. A. Sr.rro aald to a la!y of the rant ion (a I'A ieniii 'Aa you lad Irs frill uA t!tm. 1 recommend 'Geuriud's Crtlm' as the least harmful of all the sln rreparatlona." tat sal by all J'ruigum and Fancy Goods lralera In tha V. S.. 'ai'l. BDd tnrooo. ftRD. T. HOPKINS, Frsp'r. 37 firsit Jons 8t, N. T. rulaBE n . r Li r. if v r . v Bbe Best of Everything The Only Double Track Railway to Chicago The Omaha Chicago Train Pr Exoellen.es I Ay), rt a Mnlirl trmin iiiff tip in OmA daily OS TIME t 6:50 p. m , rrit. ing C'Aief 7:30 next morn ing. Librmry, Buffet Car, Btrltr, new (wlnl Slrep trs, Lit iirCarsEverylhi rij. llayllsiit 8'.. ul. lnnui ihi.aco a s iki am all a I II pm as a s o pm a I a ia pm Limited Chlralo raat toman Loral C)iUag) Fait At. I'aul PI. rul Kxprraa Kat M.'l Local ticut ritr l.'nioln and Long I'm . a I.1& ,m a T a a i ..IIHpn as . ..,1 III tnl hill b S Ot am no .a I II ana a I LitadWt.iid. lint !;nrlnaa and Lincoln ... i tin pm as Cfi,nr and Wyr,-n".nt Ktp"-a.. d t Ml pm K Haatiaf. Superior and AH'ioo.. IN pm at t tilcaao. Milnanat A St. Pnnl. thitaro tHri'cht a 1.11 am all CLIoavo !st h.. nreu a I Ik nm a X Overland Limited a I 2i pm a t urs aioinra a,iprraa.. Illinois rnlrnl. Chicago Kxpra a T SO pm alO I'hlraao. ailinrapolla and St. Paul I.lmitod a t 51 pm a I Minneapolis and St. faul b.,,0 1.lia bio i n ion I'st'tnc. Tk Orarland Limited a I:" am a I in Kaa ala.t a am as Tna Caiu'iruta kxpri'Ba at.iupia ... am pra pm pia am am pru am am am pm pm pm pm pm am poi IS pm 1? Aiinuio gpociai a t 1 ba rurila:ii- hliat'i &pat;lal...a 1.20 pm ti Th Atlantio Lxptvua a 1 Tj i.ojoraao t peclai ll.4pn a I U. ChkK Spatla, LUcoln, totatrica and StrooK- anra F.ii:a b s tiff pm Ml Columbua Local. ,. b 4:00 im t 0 IS OS ! jo M 10 40 a 1.40 am m pm pm am pm pm am aia s- City OfflCe 14011403 FAR IN AM OMAHA TEL. 624-661 H'it I citato ftfrat Weslrti Ct. Paul and Minneapolis Lmtd a 7 :& am lit. I'aul and Minncnpotia a.. ..a T ss am a S xo pm Lu,!ir l.inutm a 4 M pm alu.iO am 1. Paul, Mum. txnd Ch'vago El.a S.Su pm t,V.ago bxprraa a 4.30 am a 4.0i pm Misaouri I'nciflc. Et. Uuls txprota alO:00 am a 4 M pm K. V. sod bt. Lous Kipr-aa... ai0:M pm a 1.1 aa lit lll.l(,TOH STA :ox IOTH & biasu lilenso, Ilm llaaton A Qolnc; Lcav. rhicngo Fprolil a 7 00 am Chlr.no w,tll.!td Express. ...a 4 00 pm Chi-ana Ln.-al a t II am Chicago Limited a I 0i pm last Mill Kansna City, St. .'ust-pli X Co. Kaosas nt, lay Rapreas a S 15 am fct. l-otils tifrr a 5:28 pm kanaas I'ltr Mgnt xpreaa alO tj pm ilurlmttltin oc Aliaaourl lilver. Wrmor. tiMirlre and Lincoln, a t to am Nebraaka H.i;rraa ,. t.fco .m IkS'iT Limited a 4 io pn illack Hula a:id Paget Sound tCx.all 10 nm Colorado V-.Ubuleu Flyer Lincoln raat Mall d xb? pm iort I'rook nd I'lausmoui n b S:io pm tielietu and I'aeloo Junction., a 1.(0 pta LiuiWvu aud Pacioo Juaotiou. ,.a S.So ata HE1ISIEH DEPOT 1STII A AVtDSTEIl. Miasourl Pacific. . . Lear. -r!a. Neb. Local la V"epln Water. b 4 )0 pm alvMi am l IiIcuko, Ht. Paul, Minn. . Omaha. Twin Cllr PaiMiiger b l:M am b 1 pm ioui City Faaaeng.1 a 2:00 pm all .20 am t'1'1"! ll b I 41 pm b 1:1 aia a Pally, t Pally cpt Etc day. t Dally exctpt Mun'ay. liallr aaceut Monday. Arrle. a i.u pm a 7 4.1 am all .00 pm a 7 :45 pm 1 45 tim Dlnfta. a 4.04 pm all. OS am a IK am bit :9s pm a 7 4 pm 14 am a S i0 pm a o pm a S 01 aaw bio is an a t.n is Ol'KAS STEAMERS. HOLLAND AMERICA LINE. J atwuaera ul ixtw laoa. WW VuHK KUlTr KOAM, m alOULOIiaV talllua Tvely, at 18 a. m. Ncordam alarm? Hottardam Aor'l II Utalantiam karch tjRrnd.m Ki ,i Fotedam April alNoordara AdtII m HOLLAND-AM KR1CA LINK, ss Dearborn si 1 CV. Mi"v! " Mooree. isoi rainam Sc. c. katherlord. 11 J Farnaaa u: i. B. keyaoiaa. lias t aroam Bt. k CONDITION OF THE WEATHER. HI 3 an Omaha, raining Valentine, partly cloudy North Platte, partly cloudy Cheyenne, cloudy Bait lagke City, cloudy Kitpid City, clear Huron, cloudy' YVilllmon, clear Chicago, cloudy St. Ixiula, cloudy ftt. Paul, cloudy Davenport, cloudy Kan-aa City, raining Havre, cloudy Helena, partly cloudy Hlamitrck, clear Galveston, cloudy 54 361 .02 32 ZH .0) W 44 .00 82 Ml T 4S 6:'! .no 34 421 .On 3ft1 31 .' 10 22 .00. 3ii 32 .00 4h! 62 .00 Ml M .00 iu .ot 44 4H( .01 S4l 3f. .00 S 40 .00 l JS .Ou Ml 70 .00 -THE SUPERINTENDENT Don't Become a Chronic Kicker If your office doesn't please you, move. If the Hervloe doesn't please you. ko some place where you can feet the riifht kind of treatment. Don't kick continu ally It may become a habit and you will poll your naturally sweet and anil able disposition. The Bee Building pay a bill for Janitor service tbat is double that of any other Omaha office building In proportion to Its floor, space. Its mechanics and engineers keep the building In constant repair and good order, under the watchful eye of a care ful, courteous, experienced superintend ent. It will bo our pleasure to show you the olllees now at your dtaposul. R. C. PETERS & CO. Rental Agents Ground Floor Bee Hulldlnt;. T Indicates trace of preelnlt 1 A. WKLBIl atlon. t orecaster. THE NATURAL CURE FOR DRINK ON ARISING HALF A GLASS OF THE NATURAL LAXATIVE WATER sifi IT REMOVES BILIOUSNESS AND LIVER TROUBLE. RESULTS ARE CERTAIN. USE THE FULL NAME, HUNYAPI JANO. WHtW ASKING FOR IT, Get The Bee's New Wixr Map. Shows the location of RusRia, Japan, Corea, Manchuria, China, etc., also the principal cities and sa ports In each along with the population of same. Shows the different seas and bodies of water upon which the sea fights will probably take place. Gives a complete list of all the vessels in both navies, 'showing their armament, speed and comparative strength in war. Also tells all about both armies, how many men in each, the number of Russian soldiers now in the far east, eac. Bent by mall TOSTPAID If you will fill out the coupon and enclose 10c. Address, Map Department, Omaha Daily Bee, Omaha; Neb. niX OVT T IS C4JIFOMI Enclosed Had 10c for which pleas end Japanese-11 usal&u War Map to NAME ADDRESS TOWN STATE t