BENSON SALOONS MAY RUN
Judge Tnrop Denies Writ Bought to Olote
" . Tbem JDmriij Appeal.
APPLICATION NOT MADE IN GOtO FAITH
Court Hands Damn Oral Opinion in
Which He Warmly Refers to
the CaurM of the Re
lators in the ( .
judge Troup finds that the appeal which
Harvey J. Grove and others attempted
to take from the action of the village
board of Benson In certain saloon cases
was not based ti. good faith, or to serve
any good or useful public purpose, and
the alternative writ prayed for will not
Issue. This alternative writ was to com
pel the vtllgn board to have all the tes
timony in the case written out and to
huve tho record)) transcribed and trans
mltted to the dlHtrlct courts as otherwise
Urove and his corelators could not per
Xoc-t their appeal.
Tho only point gained by the relators
wtw that they can demand of the town
board a copy of the testimony taken and
the board must furnish this at Its own
expense, as the statute directs; then the
relators can file this with the clerk of the
dihtrict court at their own expense.
Court Scorches the Relators.
Judge Troup's decision was rendered
orally, and, while it was couched la cour
teous terms and delivered with Judicial
calmness, it was nevertheless something
of a Bcorcher for the relator and the men
back of him. The court was not sparing
of vigorous English in denominating the
nctlon as being conceived and prosecuted
In bud fuilh, that one Fetor Oravert and
one Chris Lick were the Inspiring splritr
behind the action, and as proving Grove'
bad faith In this particular case the court
aald, in effect:
Jlo has been' a close business associate
of Peter Uravert, has borrowed money
from him, and In many ways the two
have been confidential friends. Mr. Grove
Is u member of the school board, and as
ueh knew that the location where Chris
I. kk anted to open a saloon Is wlthia
the proscribed 800 feet of a tnibllo school,
lie also knew that Qraverl owned the lot
and that it had been enjoined by the dis
trict court as a location for a saloon.
Yet he signed the petition of Chris Lick
for a license at that location, and when
the village board very properly denied the
FLESH BUILDER .
The liver of the cod fish
produces oil that is a won
derful flesh builder. No fat
or oil can compare with it
tn that respect. To get the
best out of it, it must be
emulsified and made like
cream,". In Scott's Emul
sion it is prepared in the
best possible form to pro.
duce the best possible re
sults. Thirty years have
proven this.
Well MaJ ess aunsW bee,
rCUTT aOWKC, en " Teas.
THE SHELDON SCHOOL OF SCIENTIFIC SALESMANSHIP
Teaches the Science of Success- in Business
"Salesmanship is a science and the practice of it is a profession."
"The essence of the science of salesmanship is that it is a science of persuasion,"
It is all taught by correspondence. You can master the course in leisure hours at home or on the road
Ten thousand students are now taking this course. They include all classes of
progressive business men from millionaire proprietors to clerks.
MR. A. F. SHELDON, PRESIDENT AND FOUNDER
of this great school, will be at the Her Grand Hotel i?i Omaha, January 24, 25, 26 and 27, and will be glad to meet
business men of this city who desire to increase the profits in their business and the efficiency of their sales force.
Mr. L C. Hitchcock, special representative of the school, is in the city for a few days, and local inquiries
addressed to'the Sheldon" School, care Her Grand, will receive the prompt attention of a personal call.
For full information, address Sheldon School, 1157 McClurg BIdg., Chicago, 111.
application for such forbidden location
Urove became the principal opponent of
the other applications for license in the
village. The line of action followed was
to say to the village board, practically:
"If you do not allow us to hive a license
for Chris Lick at the Gravert corner, we
will deprive you of the revenue necessary
to run vour school and for other purposes
by preventing you from granting license
to any one to run a saloon in the village."
Grove a Good Fellow.
Going further, the court said there
seemed to be no doubt that Mr. Grove was
an enterprising and valuable citizen of
Benson, who ordinarily meant well, and
probably does desire to have the saloons
closed on Sunday. In this case l'eter
Gravert Is the controlling power. The re
monstrances originated Willi him, his bar
tender circulated them, and some of them,
if not all, wera signed In his saloon. When
tho brewers interested tried to secure a
reconciliation of differences they did not
go to see-or call in drove or any of the
people whose names appeared on the re
monstrance, but they called in Peter
Gravert, and, as the court remarked, "They
seemed to know what they were doing."
For these reasons and others touched
upan incidentally, but as having consider
able weight with the court, the alternative
writ for a mandamus, so far us It sought
to have the village board transcribe the
record and transmit the same to the district
court, would not Issue.
Before the rendering of the court's de
rision of Attorneys Plattl and Regan had
asked for and secured permission to amend
their petition for the writ, so that it would
cover only the writing out and giving to
them of the testimony taken before the
board on the bearing of the remonstrance.
After the court's ruling against their con
tention of good faith on the part of Grove
and his fellow relators, the attorneys noted
an exception to the findings of the court
and asked for forty days in which to file
a bill of exceptions. This was granted and
takes the matter of the further prosecu
tion of the appeal over Into the February
term of court.
TRIAL OF THE POLICE JUDGE
One of tho Cases in Which the Law
Defeats Its Own End la
m Meaaere.
"That Is one of the hardest kind of cases
a police Judge has to contend with.'" re
marked Police Judge Berka after be bad
sentenced John Kladenes to twenty days.
"There Is a man charged with being drunk
and abusing bis family. He has nine chil
dren. No doubt the man works hard every
day, but he Is charged with getting drunk
and raising his hand and voice against
those whom be should love the most The
wife comes to prosecute and It Is incumbent
on me to pass sentence on the man accord
ing to the offense committed, although In
such cases I am reminded that the head of
a family Is being detained and the family
may suffer In consequence."
Then Mrs. Kladenes approached the Judge
and asked whether her presenoe waa needed
any further In the case. Being told she
might go, she started alowly out of the
court room,' hesitated at the exit, stopped
and looked toward the door through which
an officer had Just taken her husband; then
she draw the little shawl closer around her
shoulders and hastened down the stairs and
on horns to ber nine children and cheerless
fireside. ' ,
Invest Constant Oil stock, M N. X, Life.
Mortality statistics.
The following births and deaths have been
reported to the Board of Health during the
forty-eight hours ending si noon Monday:
births Frank Davis, 4619 Itfayette ave
nue, girl: Uiie Hixon, lilt South Twentv
socond, girl; Augustus Radcliffe, 1047 South
Twentieth, girl; Jens Jensen, Thirtieth and
SiMtulding, glri; George T. Nicholson. 124
North Nineteenth girl: Hans P. Andersen.
lutl South Fifth, airl: John Tlmm. -AM
Ames avenua, glri.
ueaiA iev i nomas, . sit , North
THE 0!tfAH
Twenty-seventh, 52; Charles O. Bprague,
2416 Cass, 67; Alfred Burley. 2102 Chicago, 76.
SINGER OF THE GOOD OLD KIND
Pat McDonough Establishes Local
Long Distance Record for Con
tinuous Vocal Performance.
Pat McDonough of 2015 Paul street holds
the local long distance singing record. He
won his spurs Saturday, when he held an
eight-hour tzxis festival at his home, and
then sang "Homo Is Nothing Like This"
while riding In the patrol wagon to the
city Jail, where he was charged with being
drunk and abusing his family. The charge
was preferred by his wife, who experienced
a chunge of heart when she appeared In
police court. She refused to prosecute her
brcid winner and liege lord and maestro,
so the police magistrate discharged Mc
Donough and told him to go to his home
nest and sin and sing no more.
It was charged against McDonough that
he sang to tho nnnuyanco of his wife,
whom he would abuse if she remonstrated.
It is also euld he attended the Melba con
cert Friday evening, returned home and
sang the rest of the night and port of Sat
urday, until arrested. The wife said he
would fortify himself between tunes with
liquid melody and pierce the atmosphere
so that she could not sleep.
In defense of his musical orgies McDon
ough told the court hevhas been addicted
to the habit of singing to amuse himself
ever since a boy.
"Judge, I heard Melba Friday night, and
as I heard her sing "Comln" Tho' the Rye"
my boyhood days came back with a bump.
My mother sang that song when I was a
little towhead bit of a boy, many, many
years ago. Last Friday night was the
first time I heard that tune- sung right
since my mother sang It to me, and.
Judge, it brought back old recollections!
First I was sad, Judge; then I went home
and took a few drinks, toek down the old
fiddle and well my wife says I sang all
bight. Guess she knows what happened.
I believe her. But I only sang to amuse
myself."
"Judge, he Is a pretty good man, after
all." Interposed Mrs. McDonough. "He
brings borne every cent he earns, but he
wilt drink and sing. Judge. But I have
told him be will have to cut this drink
out"
PALMER AS A MODERN PARIS
Postmaster Asked to Decide Which ia
the Beat Among; Omaha's
' Nameroas Attorneys.
Postmaster Palmer Is up .against the
matter of determining who Is the best
lawyer In Omaha. Captain Palmer dis
likes to commit himself to any definite ex
pression, and has consequently decided to
leave It to the disciples of Blackstone
themselves. The letter reads thus-
HARRINGTON, Wash., Jan 15 190B
Dear Sir: I will .est myself to drop yo
a lew net for a It lie Information, if y55
,llin.f rne. which I think yoG
will be kmd enough to do so. will vou
please give- me the namC of the best lowyer
In Omaha Nebraska also his name and full
address If you please. I will send a stamo
to poy rat"ge one your letter In haste
Well wishing for am Early renly 1 close
so good By yours truly A friend.
a&i " Addre" tne le,,"r o Mr. Oliver
Atkinson, Harrington. Washington. 1".
coin In. Please in hsste good By. A friend
In need is a friend Indeed. inena
Annual sale infanta' wear now. on at Lini
putlan Basaar, 1515 Douglas.
Held on Sasplclea.
.J?? PhJ1"Vf hol ha been
arrested by Detectives Mitchell and Halt
feld and charged at the city Jail as being
a suspicious character. Christ Is being
?'t.to rCi h knows of the lo.s
of Frank Williams' vest and gold watch,
reported to have been taken out of a room
to Moldiier01" " ' Chr"t
DAILY BEE: TUESDAY, JANUARY 21. 1903.
COAL RATE STILL UNJUST
Omaha at Disadvantage a Fuel Question
and Consumers Oomplaii.
BURLINGTON PROMISE DOESN'T SATISFY
Atchison Mine is Set- a gelation of
the. Rate that !ton Gives
Kansas City a Hold
on the Ilnslness.
"How is the Atchison coal proposition
going to help tHie matter any?" said a
Sixteenth street dealer in discussing the
rate proposition. "I see by the Interview
with a Burlington official published In
The Bee that the Atchison mines are going
to solve the rate problem for us. That Is
Just the same sort of a song and dance
that was held out regarding Iowa coal.
We did get a lower rate on this foal, but
It does not help out the steam coal propo
sition from the Cherokee fields. That
field furnishes the bulk of the steam coal
used here and It will continue to be the
coal In spite' of the mines at Atchison.
"What we want Ib a rate on the Cherokee
coal that will put us on an equal footing
with Kansas City. The consumers here
are paying about $300 a day more for tbair
steam coal than our competitors.
"The rate question has been taken up
with the Commercial club and I hope and
believe the club will be able to do some
good. We certainly do not propose to stay
Idle and remain at a disadvantage with
Kansas City simply becfiuse there Is a
prospect of a cheap coal being brought
here from somewhere else. If tt turns out
to be true that Atchison roM will take the
place of the Cherokee fuel, that will be
Omaha's good fortune; but we want a
rate now. We want to be on an equal
footing with Kansas City."
Phenomenal Champagne Record.
The importations In 1904 of O. H. Mumm's
Champagne aggregate 131,330 cases, the
largest on record. The magnificent quality,
purity an d natural dryness of G. H.
Mumm's Extra Dry Is responsible for this
showing. Immense reserves of the superb
1888, and 1900 vintages guarantee main
tenance of quality.
Mntaal Fire Insurance.
The Transmlsslsstppt .Mutual Fire In
surance company will hold Its annual
meeting In this city during the present
week. President B. M. Kauffman of Lin
coln, Hon. James H. Casebeer of Blue
Springs and other members of the auditing
Per hearth's sake insist
oa baruif the leal
LIEBIG
Company's
Extract of Beef
the oldest, the Boost con
centrated, tits reliable,
sbsututas p7 tbe das
la toot profit, bat are a
piiot is featntaat fur yuu.
The bin sirastora
a the Utwlsaewe
the aenalne-
rrt Tsars nters-ei
OCT
PP
III
committee are now In the city looking
over the reports of the company. Thu
bofird of directors will meet tomorrow, and
on Wednesday will be held the meeting
of the stockholders for the annual election
of officers and directors.
PRISON-MADE BINDER TWINE
I'nlon Labor Opposed to Its Sale, as
to AH Other Roods Made
t by Convicts.
A nilmber of representatives of union
labor were asked what would be the atti
tude of labor toward the establishment of
a binder twine manufactory at the peni
tentiary. A group of a dozen or more men at
I.flbor Temple wern unanimous in the
opinion thnt the products of such n factory
should be boycotted, as all prison made
goods should be. These men, to a large ex
tent members of the building trudes, ad
mitted that they knew nothing about tho
proposed factory at tho penitentiary, but
In the abstract they would look with
absolute dlsfacor on the matter.
Louis V. Guye, president of the Central
Labor union said: "I did not know that
such a measure had been contemplated
and -am therefore not prepared to give an
opinion on the matter. I think that the.
same objection that organized labor has
against all prison manufactured goods
would apply In this Instance. We have
always maintained that prison made goods
should be stamped ns such, as a protection
for manufacturers of goods of the regular
order, and- particularly to protcrt home
manufacturers. By the prison made goods
being thus stampel the purchaser can take
his choice of home made or prison mado
goods. Organized lnbor recognizes the fact
that the convicts of a prison must be em
ployed and as a rule we have no objection
to prison made goods, providing they are
stamped and marked as such. It is probable
thnt this matter will be taken up at the
next meeting of the central body."
TALK EVANGELICAL CAMPAIGN
General Staff of Ministers Meet and
Listen to Reports from the
Various Ontposts.
In Its headquarters, which was the 'lec
ture room of the First Presbyterian church,
the general staff of the city evangelical
campaign hsard reports yesterday from
the division commanders which showed the
preliminary skirmishes have not been with
out effect and the opening guns of the great
battle brought down reward.
Dr. T. V, Moore, who presided, set an
Ideal of evangelism by a recital of the great
work being done among tho miners In
Wales.
Dr. Stevenson told of the auspicious open
ing with a conversion at South Tenth Street
Methodist Episcopal church.
Rev. J. W. Conley reported a very good
beginning among the young people es
pecially, many of whom asked for prayers.
Rev. B. F. Fellman of Grace Baptist told
of the requirements In the meetings there
and of their success.
Rev. Newman Hall Burdick of the Second
Presbyterian church said over 100 Vad stood
In Calvary Baptist In answer to a question
of faith.
Rev. Mr. Priest of Seward Street Meth
odist Episcopal gave an encouraging report
from the South Omaha meeting.
The other districts responded with equal
good tidlnga and the meeting closed with
prayers for the work.
Dona-las Ceaatr Medical oeloty.
The Ixiuglas County Medical society will
meet this evening in the Iler Grand.
The physicians and surgeons who com
prise this organisation have been In the
habit for years of holding their meetings
once every two woeka in the Commercial
club. Under the recent rule, however,
which require societies which use the club
rooms to have a three-fourths membership
In the club, the medical men are forced
to find a new home. The ller Grand will
be used only temporarily until a permanent
meeting place is selected.
MILLER IN THE COUNTY JAIL
Man Who Tried to Win Stenographer
by Abaalng Hla Wife i
lacked I p.
Deputy ITnltcd States Marshal Henry Ho
man has returned from the southern part
of the statu, bringing with him It. Ion
Miller, recently of Ouk, Nob., and lodging
him in the Douglas county jail to await
the action of the federal grand Jury on the
charge of using the Vnlted States mails
for fraudulent and obscene purposes.
Iller has posed at Oak, Nuckols county,
for several months as a railroad promoter
Interested in the YnnkUm & Southwestern
rHllroad, which. In its broader sense, wns
known as the Manitoba & Gulf line. The
specific charge upon wllich Miller was ar
rested was in addressing an Indecent let
ter to a youtig woman who had been for
merly employed by him as a stenographer
In his promotion enterprises. The letter,
It is alleged, purported to bo the copy of a
letter written to Miller from some point In
Iowa, In which the Integrity and chaslty of
his own wife was Impugned, and he Bent
the copy to his former stenographer In
order to Justify him in his attentions to
ward her, by showing the perfidy of his
own wife, in order that he might secure a
separation from ber and thus pay his un
divided attentions to the stenographer.
In the meantime It Is alleged that Miller
abandoned his wife and child, and upon the
evening of his arrest at Oak the citizens of
that place made up a purse to send Mrs.
Miller and her child to Colorado, where
they had friends. As Miller was leaving
Oak In the custody of the deputy marshal
a "large crowd of citizens of Oak came
down to the depot and Jerred him In ex
ultation o-er his arrest. Miller was taten
to Beatrice and given a bearing before
United States Commissioner Cobbey, and In
default of $1,000 ball waa brought to Omaha.
BOY HURT WHILE COASTING
Brewery Wagon Driver Refnaes to
Stop nod Palatal Collision
ia the Resnlt.
Henry. Boeson, 11 years of age. living at
1917 South Eighteenth street, has been seri
ously Injured while coaatlng at Twentieth
and Center streets. BeveraJ of the boy's
ribs were broken and Internal Injuries sus
tained, by being run over by a 8 tors Brew
ing company's wagon. The report of the
accident on file with the police department
states that the drlvsr of the wagon was
flagged by one of Boeson' companion at
the crossing, but would not beed the signal
to atop, with the result the boy waa run
over before the driver could atop his wagon
when he Anally realised an accident was
Imminent.
GAS COMPANYJJAS ELECYlON
plreetora Finally Choose Oncers ns
Indicated by Anaeoaeenteat
Made Last Week.
The Omaha Gas company held Its formal
meeting and elected Its officers. The e tac
tion here Is largely a matter of form, as
the stockholders In the east have already
made the selection of officials. This Is
now don In Omaha, A already announced,
Frank Hamilton I the new president and
George W. Clabaugh vie president Isaao
Batten 1 the treasurer; Lewis LI 1 1 is, as
sistant treasurer; James Ball, aaaistant
secretary, and George H. Waring, auper
Intsndent of work. The directors are: r.
P. Hamilton, Oeorge S3. Barker, George
Pritclmtt, Samuel T. Bodlne and George
W. Clabaugh.
PERSONAL PARAGRAPHS.
Hpr,ngTUArk,Tf0or? ,fteehw"ee?.nVt0
Jorney A. O. Elllck is acting In Mr iJfl
Place at jollce court.
Wl'lteh'eflrll0i'P'lIOPr.1 manK" of the
y niiencari & Hoag Company, with Mrs
Hopper has returned from the east where
York PMdAinM HPPer: visited New
uLa - n"a'Phln and other cities and
had a very enjoyable time. He says the
rowing. " a ""e lln f Sovelti
uli J,uf u'.'i'r1 fo"nerly city editor fTh
uTinTL'Z -,he Krug ,hester.
Where tor the Winter f
The Hot Springs of Arkansas offer most
In the way of health, pleasure and climate
for all classes. Owned by the United
States government. Write Bureau of In
formation. Hot Springs, Ark., lor Illustrated
book of information.
Burst of Creche.
Tickets for the two remaining Shake
spearean lecture recitals for the benefit of
the Creche may be had at Mandelberg's.
Clan Gordon annual Burns' festival, Oer
mania hall. January 25. Tickets, 60c each.
Annual sale infants' wear now on. Lilli
putian Basilar, 1515 Doug'aa. . '
Bee Vant Ads Produce Results.
Marrlane Licenses.
The following marriage licenses wers I.
sued up to noon January 23:
Name and Residence. Age
George F.. Kopn, Omaha j9
Lizzie Petrovski, Omaha i
I-awrence A. Douglas, Omaha ft
May Bryan, Omaha 24
Kdholm, Jeweler, Utn and Harney,
Ralldlna- Permits.
Permits have been Issued by the elty for
the construction of four 11.000 frame dwell
ings hv (J Vi t r. I A J. Ch... . 1 .
rtreet between Maple and Blnnev, and for a
11,500 frame dwelling at Twenty'-nlmh and
Dorcas street.
There's nothing more appe
tizing nor comforting than a
cup of Ghirardelli's Ground
Chocolate. It's the most
warming drink under the '
sun and delicious beyond
description.
4 Finfor cakt and pastry.