THE OMAHA DAILY REE: TnUHSDAY. MARCH P. 10O. At Elil pa-trick s Saturday. Biggest buy of silks ever made by us. Miles of them all freh clean and perfect worth $1 and $1.2.". All to be Bold at 59c rents per yard. Hhow in vest window you want some if you see them." Hale commences at 10 a. m. DON'T I'OK GET. Thomas Kilpairick , Co. BEE WINS TAX LIST CASE County Treasurer Fink Had Legal Bight to Award it the Printing. 'DECISIOH OF LOWER COURT AFFIRMED npreme f'nnrt Cilves Legislature Some Pnlalrri on' How to Pass Law Whlcb Will Stand Tests of the Coart. (From a 6taff Correspondent.) LINCOLN, Neb.. March 8. (Special Trio gram.) Tho supreme court holds that County Treasurer Fink was within his rights when he awardid to The Omaha Hoe the contract for printing the tax list tinder tho scavenger law. Kink mads this sward, which was the right of the county board up to a certain date fixed by law yer IhMt'rtate had passed and the board t.ikcn no action. Then the World-Herald contested the case, applying for a writ of mandamus after The Omaha Bee had pub lished t tie list, seeking to compel the county treasurer to award the contract to the World-Herald on the ground that It was the official paper Of the county. The tllstriiV! court refused ; to grant surh a writ and the case was appealed to the su preme court. The opinion whs written by Commissioner Ames,, .The court holds that after a pe tition for the foreclosure of tax Hens under tho law hns been filed In the office of the flerk of the district court and the county treasurer has publlsho'd the required no tice in a suitable newspaper ha will not lie compelled by mandamus to re-publlsh Hie ssme on the sole ground that such a newspaper wm not designated for tho pub lication by the proper official authority. The court lias glvennhe legislature come ndvle.e relating to tho 'passage of bills. It has fjeclared invalid section 87 of chapter session laws of lflOl, relating to roals, because statutory amendment and repeal by Implication are expressly forbldten by the constitution and not favored by the "ourfs. The decision " was given in the inse of Will lain IX- Wheeler, treasurer of Thhs county, nga'lnsl state ex rel. K. W. riemeut!, treasurer of the city of Tlatts- PSORIASIS .JWZEl Milk Crust, Tetter, Ringworm, and Scalled Head, and Every Form of Torturing, Disfiguring Humor from Infancy to Age. mouth. The section declared Invalid pro vides that one-half of the monies levied for road purpose within corporate limits of cities and villages shall be expended by the county board and tho other half paid to the city council to be used for road purposes. The treasurer of Cass county collected a sum of money within t lie limits of I'luttsmoutli and paid one half of this to the city treasurer, but re tained the other half and refused to pay it over. The district court Issued a writ of mandamus compelling payment. The supreme court In reversing this decision of the lower court and declaring void sec tion 87. chapter 19, session laws of 1801, say a: An act of the legislature can deal with no subject not clearly expressed in its title; hence an act to provide for the In corporation, government, regulation, duties and powers of a certain class of cities can contain no valid enactment relative to the powers or duties of a county officer. The following opinions were filed: 8iiwingle against Anthes; motion for rehearing overruled; per curiam. Carly against Boner; former judgment of re versal adhered to and decree entered in this court continuing and establishing ap pellant's right of redemption heretofore effectuated: Holcomb, -'. J. Jandt against County of Sioux; affirmed: I jetton, t'. I-ootner against Ijootnor: affirmed; Ames, Patterson against First National bank; reversed and remanded; lotton, C. Rob erts against Iemont; reversed and re manded; Oldham, C. Sluyter against Bchwah: reversed and remanded with di rections; Oldham. C. Kurer against Holmes; affirmed; I-etton. C. Nolde against tiray; reversed: Oldham. C. Wheeler against State ex rel. Clement; reversed and dismissed: Ames. C. Kock against State; proceedings In error dismissed; Barnee, J. Following are rulings upon motions for rehearing: Schwlngln against Anthes; overruled-. Eddy against Omaha; leave given to file motion for rehearing and argument or dered on motion. Skow against Ificke; overruled. Kccles against C. S. Fidelity and Guaranty company; overruled. Coll yer against Davis; overruled. CURED BY; THE CUTICURA REMEDIES The agonizing itching and burning i the akin; as in eczema ; the fright ful acaling, aa in psoriasis ; the lota of hair and crusting of the scalp, aa in acalled head ; the facial disfigure ment, aa in pi m plea and ringworm: the awful suffering of infanta, and anxiety of worn-out parents, aa in milk crust, tetter, and salt rheum all demand a remedy of almost super human yirtuea to successfully cope with them. That Cuticura Soap, Ointment, and Pills are such stands . proven beyond all doubt. Mo state ment is made regarding them that ia pot justified by the strongest evidence, fhe purity and sweetness, the power to afford immediate relief, the cer tainty of speedy and permanent cure, the absolute safety and great economy have made them the standard akin cures and humour remedies of the ,. dyiliaed world. , CAPT. GRAHAM'S CURE Of Distressing Humour; Captain W. S. Graham, 13a! Eofl SU, Wheeling, W. Va., writing under date of June 14, '04, aays: " I am so grateful I want to thank God that a irlend recommended Cuticura Soap . and Ointment to me. I suffered tor a long time with sores on my face and back. ' Some doctors said I bad blood poison, and others that I had barbers' itch. None of them did me any good, but they all took my money. My friends tell me my skin now looks as clear as a baby's, and I tell them Cmticnra Soap and Ointment did it." Oatfava Bos, Otatauat. aa4 Hilt tra Mil anubnt Ik ari4. Potior Drm a CUtta. Cor., BoOos, Salaftaaa. SJS7 aa4 Sic atw ky Can hifmj MiMaswV Falls CHy Municipal Business. FALLS CITY, Neb., March 8.-(Speclal.) The city council mot Monday night with a full attendance. The question of the Im provements to the water system was dis cussed nnd a proposition from Mr. Maddox was submitted to allow the city to prospect upon ten acres of land north of town and if sufficient water was discovered to sell the land for $300 per acre. It was also reported that some other parties, trying to control the water supply of the city had offered Mr.' Maddox more than WOO per acre for the land In order to get control of it. The council was visited by a committee from the Preston Mutual Telephone com pany asking that they be allowed to enter Falls City without paying the 11,000 license provided by ordinance. The Falls City Telephone company was also represented and they stated that there had been an offer by the local company to. the Preston eomparty" to furnish ' the outside company with connection to all subscribers In Falls City for 36 cents per month. This propo sition wigi not accepted by the Preston company. No action was taken by the council on tho telephone question. There were several citizens present to complain about the sidewalks of the city. The council promised to do something. Primaries at Beatrice. BEATRICE, Neb., March 8. (Special.) The republican primaries to nominate can didates for the spring municipal election were held yesterday, and because of the Inclement weather a small vote waa cast. Neither of tho candidates for mayor, city clerk or water commissioner received a majority of the votes cast, and as a re sult another primary- will be held next Tuesday to nominate candidates' for these offices. The present aldermen were all re nominated as follows:. First ward, J. W. Jackson; Second ward. H. L. Harper; Third ward, A. T. Milburn; Fourth ward, F. D. Keea. Those nominated for members of the Board of Education are Messrs. O. F. Kandall, M. L. Kors and Frank Smith. There are In Beatrice nearly . 1,600 repub lican voters and not more than 800 votes were cast at yesterday's primaries. Telephone Company Prospers. KENESAW. March a.-(Speclal.) The annual meeting of the stockholders of the Kenesaw telephone company was held here today. The company was organized a year ago and Its plant has been in operation for eight months. A dividend of 10 per cent was declared on last year's business. New lines will be built and those now In will be extended Just as soon as the weather permits In the spring. A board of directors and the following officers were elected: W. Z. Parmenter, president; A. S. Howard, vice president; E. E. Schultz, secretary; II. It. Coplln, treasurer, ONE-WAY RATES. Every day to May 15th, 100B. the Union Pacific will sell One-way Coloolst tickets at the following rates, from Omaha: . clM.OO to Ogrlru and Rait Lake City. . ,10.00 to Butte, Anaconda and Helena. e-J.50 to Spokane and WenaHhee, Wash. 125.00 to Everett, Fairharen, What com, Vancouver, and Victoria, via Hunt ington and (Spokane. (25.00 to Tacoma and Seattle, via Huntington and Portland or via Hunt ington and Bpokano. $25.1)0 to Portland and Astoria, or Ashland, Hoavburg, Eugene, Albany ami Salem via PortlunU. 925.00 to Kan Francisco, I.os Angeles ami San Diego. Correspondingly low ratea to many other California, Oregon, Washington, Montana, Utah and Idaho points. Through Tourist cure run every day on I'jilou l'aeine. between Missouri River 'and PuolUV Const; double liertli $5.75. . For fnll Information rail at City Ticket liMn, 13314 t'arnaw St. . 'eTuooe - Jefferson County Court Adjourns. FAIRBURY, Neb.. .March 8. (Special.) District court convened yesterday, but was adjourned to April 25 without transacting any business, and the grand Jury, which had been summoned, was dismissed. Sick ness In Judge Kelllgor's family prevented him from sitting, and Judge Bubcock Is holding court elsewhere. There are only forty-four cases on the docket, all civil. Electric Marat Bonds Carry. TEKAMAH. Neb., March 8. (Special.) At a special election, held here yester day, for the Issuance of bonds of the city of Tekamah, Neb., In the sum of 110.000, for the purpose of purchasing or installing an electrlo lighting plant to be owned and operated by said city. The bonds carried by a vote of 138 to 82. A WW OP BRAtTTY 15 A JOY FOPEVPW. , B. T. PIC LI X OOOIUCD'I OBIKNTAI, tKua,uaakuicsi, BXAUilFlla ReraoTM Tn, rlrrjplaa,rraek!-s, Mi.,, m.i.l M,n,ua Bsin and m,? blanuah nulT, koK daleciloa. H T .41 AM ka um4 u feat i M jaara, and It M litrsloi we Uu It to ba rare It L. Dr&Mrlv Milt. A Qua pi DO COUatafw felt ( flmlUf asm. Iir. L. A. Sure MU4 to a lady ot lha tout. ion ia pMianm 'Aa yua laSics WIU ua Uianu I iiitmaiii 4aWurtu4'i Cnsa' M in laaat harnl.1 of all the Ikla irrapanUons. Far aala br all liuilu aad Faaor OoMa J. iniH u. aninu. aau .anrpa. fifty. T. HOPKINS. Pnwr. 17 bait JM It, H. I TUO L, ATI! TO CLASSIFY. WANTED, to buy a nice, gentle buggy horse; must be one a lady can drive. Ad dress Z'M. Bee critic N-MaTl lix QIKL for general housework at Harney. C-Al7S 10 TOM DESSISOS IN COURT Sensational Affidavit is Filed in Case at Logan This Morning. ELMER THOMAS GUARANTEED COURT COSTS Grand afnror Svreaxrs that Omaha Lawyer Promised to Pay All the Eapennea if Jnry Woalt Indict. IX)OAN. Ia., Marel. !. (Special Tele gram.) Tom IJennlson of Omaha appeared In court here this morning, waived ar raignment and trading of the Indictment and his attorneys on behalf of their client filed a motion to quash the Indictment and two affidavit In support of the same, the most sensational one being that I. O. Hammer, who was a member of the grand Jury which Indicted Dennliwn on the two charges, one for receiving stolen property and the other for being an accomplice of Sheroliffe In the Pollock diamond robbery. The other affidavit was signed by Tom Dennlsun. Affidavit ot Hammer. Waiving formal parts the affidavit of Hammer, which was sworn to In the presence of George W. Egan, tiotary public, says: I was one of the regularly empannelled grand Jurors of Harrison county la., for the yeur 1904; that 1 was drawn as one of the term grand Jurors at the April term of court, 1K04; that I was a member of the grand Jury which returned an Indictment in the district court against Tom Ueiinison of Omaha; that before the witnesses were summnnd In the cases of the state of Iowa against Tom Dennison, Elmer K. Thomas ot Omaha came into the grand Jury room and told the grand Jury, of which 1 was a member, that certain parties In Omaha sent him over to see the grand Jury to have them Indict Tom IJennlson ; that he rep resented the Civic Federation of Omaha and that if the grand Jury would take up the case against Tom Dennison, charging him with connection with the Poliock diamond robbery, that the Civic Federation of Omaha would pay all cost a In connection with the said case and that the members of the grand Jury discussed the matter and question of costs and he said that Harrison county would not have to pay a cent and that finally, after he made his statement we decided to subpoena witnesses and ad journed for three days so witnesses could get there; that there was no cltlxen of Harrison county filed any complaint against Tom Dennison and that no body appeared asking us to take up the case except the said Elmer E. Thomas of Omaha, Neb.; that the case would not have been taken up, as it was an old case, and no person or grand Juror was Interested In It except for the promises and statements of Elmer E. Thomas that the case would not cost Harrison county a cent. I would not have voted for an Indictment except for the romlses and agreement of the said Elmer :. Thomas and I believe no Indictment would have been returned except for tho promises above referred to; that Harrison county would not have to pay any costs In connection with said cases. The other papers tiled were m effect as follows: Iteasona for Aaklna Dismissal. The motion to quash the Indictment on the robbery charge Ja based on the follow ing reasons: That itho Indictment shows on its face that the crime therein charged is barred by the statute of limitations, having been found more tiian three years after tho commission of the alleged crime; . that the Indictment for the offense charged can be found only within three years after the commission, and that the indictment does not show that the defendant was out of the state of Iowa at any time after the commiHslon of the crime alleged, nor that the defendant has not been usually and publicly a resident of Iowa since that time; that the grand Jury which found the In dictment was not legally constituted nor had any right or Jurisdiction or authority to find or return same; that It Is void be cause there Is no competent, legal or suffi cient evidence attached thereto; that the evidence attached to the Indictment shows on its face that the defendant did not commit the crime -charged,- that -If" It Is claimed that when the offense charged was committed the defendant was out of the state of Iowa the Indictment Is defective and Insufficient In that It falls to allege or in any mannor set forth that within the three years limited by law for the finding and returning of an indictment the defend ant did not come within the state of Iowa; that as a matter of fact the defendant, after the alleged commission of the crime, came Into the state and waa usu ally and publicly a resident of the state for three years and more. The sixth out of the ten reasons given why the indictment should be quashed Is as follows: That said Indictment was found and re turned by the grand Jury In pursuance of and in accordance with an agreement and understanding with the Civic Federation of Omaha, Neb., and its representatives that said Civic Federation would pay the costs of said criminal proceeding and would save said Harrison county harmless from all costs and expense, by reason of the finding and returning of said indictment or that might In any manner arise out of the prose cution of the crime charged In said in dictment, as will more fully and largely appear by the affidavits to he filed herein and the evidence to be produced In support hereof upon the hearing of this motion. Affidavit by Dennison. . An affidavit in support ot the motion made by Tom Dennison was filed, describing the circumstances surrounding his extradition from Nebraska under another Indictment returned by the same grand Jury charging him with receiving and aiding In the con cealing of stolen property In the value of $18,000, which personal property. It Is charged In the Indictment, was stolen by Sherman W. Morris, alias Frank 8hercliff, from the per son of William Q. Pollock. Although brought from his home In Omaha under the last named indictment, aa soon as he was in the court house at Logan the affiant was again arrested and held on a warrant Issued under an Indictment charging him with robbery, being detained against his will and forced to give bond for his ap pearance. . This arrest and detention the affiant believes wrong and unlawful and in violation of his rights under the laws and constitution of the United States. Denni son further swears "that after the com mission of the crime of robbery charged by the Indictment fried herein to have been committed by this affiant, 'od which was, in fact, committed by one Sherman W. Morris, alias' Frank Bhercliff, as charged and set forth in the Indictment accusing the affiant of the crime of receiv ing and aiding In the concealing of stolen property, this affiant came to the state of Iowa and for more than three years be tween such time and the time the Indict ment herein was found, wss for three years and more usually and publicly a resident within said state of Iowa, having within said state of Iowa a well known and fixed place of buslnexs, at which place of bus! ness he was usually, publicly and daily present, except Sundays. Defendant Churaea Kraad. Besides holding that his arrest and de tention under the robbery Indictment, after being extradlcted on the other Indictment, Is in violation of his rights, affiant con tends that it la also fraudulent, inasmuch as at the time of the commission of the crime of robbery by Bhercliff he waa not In Iowa, but In Nebraska, and therefore the charge of robbery as made against him is nut an extraditable offense, ad that to iecure his presence In Iowa the Indict nient accusing receiving and aiding in the concealment of stolen property was found I furnishing grounds for extradition pro ceedings, and, furthermore, that these pro ceedlngs were had for this express pur pose, 'the charge of robbery not bf lng ex tradltabla. In addition Dennison files an objection and protest to being called upon or In any manner plead to the Indictment returned on the robbery charge, for the reasons stated In the affidavit and based, principally, upon his rights under the laws and constitution of the federal government. After it bud been Ivarned by the county attorney - that, the attorneys for Dennison were securing affidavits In support of the contention that the Indictment had been secured upon the promises of Elmer E. Thomas, he wrote letters to each member of the panel of 1S4, asking them to refuse to disclose any of the facts In connection with the Indictment. This coming to the attention of the defense the matter was brought up In court this morning and the county attorney promised to produce in evidence copies of his letters as shown by his letter book. In order to save the ex pense of summoning each grand Juror separately, but it Is said that the members will be called any way, in order to give the defense an opportunity to cross-question them. After the papers had been presented the case went over and Dennison returned to Omaha at t o'clock. The county auditor certified that all costs of the accused have been paid by outside parties. Arguments will be heard on the motions tomorrow. This afternoon the Judge Issued an order summoning all members of the grand Jury of 1904 to appear tn court and testify as to any agreement or contract entered into between Harrison county and Elmer E. Thomas regarding costs In the case. LICA9 CASE GIVE TO TIIE JIRY Defendant Gives Ills Version ot the Kllllnov HOL.DREGE, Neb., March 8. (Special.) The I.ucas case was given to the Jury about 3 o'clock this afternoon, and it Is still out this evening. Yesterday forenoon the de fendant, Juhn Lucas, was on the witness stand. He gave a detailed account of tho difficulty which led up to the tragedy as well as the shooting itself, and whs sub mitted to a very searching cross-examination. The defendant appeared very much excited and In a decidedly nervous frame of mind, but In all made an excellent wit ness for himself. Yesterday afternoon and this forenoon was taken up with the at torneys' pleas. Bntte Banks Consolidate. BUTTE, Neb., March 8. (Special Tele gram.) The Bank ot Butte of this place has been purchased by the Bank of Boyd county. The deal was closed last evening. This change makes the Bank of Iloyd county the leading financial institution of the county, although the youngest in existence. r ? I Tss Pasts IUJ UUdld that are Different" Spring Suits Fully J. CORRECT DRESS FOR MEN AND BOYS. 0 The Supreme Center for fhe "Water-Shed" - Top Coat The Centralizing Depot for the World's Best Makes No other clothing organization ivcst of Chicago compares zuith this in matter of diversity of styles or number of coats to be found on our tables. Values Unapproached You have two months of doubtful weather con ditwns, in which tlie wearing of a " Cravenette," " Water-Shed? or Top Coat becomes a necessity to your health. In fair weather or foul, you 11 be prepared coupled with the attractiveness of our coats and the values behind them it's decidedly to your benefit TO BUY NOW $ 10-15- tfVaae4ktatSsa A LOOK WILL TELL Xevrs of Xebraskn. MADISON. March 8 Carl Hurst Is run ning a skating rink In the opera house, which is drawing large crowds. PLATTSMOUTH, March 8.-K. L. and II. O. Wren of OmHha have purchased the Plattsmouth steam laundry from 1.. Vogel. BliATRK'K, March 8. The farmers In the vicinity of Virginia, this countv, nro making plans to hold an Institute withm the next few days. FREMONT, March 8 The new cily di rectory for 1905 Is out. It contains 4,41 nnmes. which would indicate a population of 11,000, an increase of l,0uo since the lust directory was issued. BKATRIC10, March 8. Tho Blue river. which has been on a rampage for the last ten days. Is slowly resuming its normal stage and no further damage ia feared as a result of high water. FAIRBL'RY. March 8. A young man named George Kring was arrested yester day and pleaded guilty In county court to stealing a clarionet te and pair ot phops. He was awarded twenty days in county Jail. MADISON. March 8. An onera eomnativ has been organized in tills city bv Christ Hansen. Will Smith and Fritz Von Hig gern are the local talent In tho organiza tion, 'i tiey win piay tneir nrst engagement at Pierce. MADISON. March , g Mr. Adam Young and Miss Retta Frlne were married here today. The groom Is a farmer, the bride is a graduate of the, Madison schools and the past three years has been a teacher in. the grades. . ., PLATTSMOUTH. March 8 Word has been received that David Hawksworth. Jr., son of Mr. and Mrs. David Hawksworth of this city, has been appointed assistant general manager of 'the' American Car and Foundry company atiAJetrolt. Mich, r : FALLS CITY. MoMii 8. There are moro ducks to be seen on the river bottom south of town than have been seen in this locality for years. The local sportsmen are having a good time without wasting much time. A few hours are all that Is necessary to go out and get a nice bag of gamo. BEATRICE. March 8. -Davis & Mayno are locating their large stone crusher rearer Blue Springs. The machinery will be put In shape so that it win crusn stono finer than that used for ballast, in order that the firm may cater to the commercial trade more in tho future than in the past. BURWELL. March 8. Mrs. A. K. lior- rtn died at her home-in Burwell at an early hour this morning. She bus been SICK anoul two weens wuii pneumonia-. She leaves a husband and one child about 2 years old. The funeral services wil' lie held tomorrow - rrom mo .oiigregaiiunui church. HUMBOLDT. March 8 Ed Curran. a middle aged farmer living several miles southeast of the city, died yesterday from cancer of the stomach. He leaves a. wife and large family of children. Funeral services were held today In the Catholic church In Dawson, conducted by Father Corcoran, and interment was made ut the cemetery near that place. PLATTSMOUTH. March 8.-At the reg ular meeting of the Board of Education the resignation of John Pearce was ac cepted and Judge J. K. Douglas named to nil the vacancy as one ot the nourn. it was also decided to not accept a resignation from any teacher during the year and not previous to tnat time unless asneu f r thirty days previous to the opening of the fall term of school. NEBRASKA CITY, March 8. Since tlm Ire has broken tin In Gibson's lake east of this city thousands of dead fish have floated to the shore. Among the dead tlsh are hundreds of fine buss ami crappy. Many of the buns weigh from four to six pounds each. For over one mile along tho eo-st shore of the lake are dead tinh extending from six to ten feet out on the water. It is claimed that the tlh were frozen to death during the cold weather this winter. SILVER CREEK, March 8. Prof.. Haeeker of tho state agricultural station nnd Mr. Ferguson, the great potato growi.r of Beaver Crossing, addressed two meetings nf farmers here yesterday on farm und dairv topics. Several local speakers as sisted. The meetings were under the aus pices of tho Commercial club, but a farm ers' institute was partially organized and will look after such interests in the futur". The addresses wero very interesting and Instructive. FREMONT, March 8. A special freighi castbouud on the Union Pacific was wre ke.i at Ames this morning. Two trelgnt eats Jumped the rails and were considerably smushed up.' Four other cars also went off tho rails, but fortunately weir, not broken up. The cause- of tho wreck is not detlnltt'lv known. No one was hurt. The first news of tho wreck was that an east bound paswngcr was In the ditch and a number of people killed. The wreck was cleared without trains being much delayed. HUMBOLDT. March 8 The Burlington officials have for some tlmo been endeav oring to locate parties in this vicinity who have recently fired shots at their trains, but so far apparently without success. On three different occasions doors and window panes have been shattered by this, means. Tho trouble started last fall when a stone was thrown through a vestibule door on tho famous seed corn special at the i-ast end of the yards here. Chls ogcurred In bnvad daylight, but the offenderwas never found. PLATTSMOUTH, March 8. For several veurs past it has been the general im pression that trapping in Nebraska and especially along the Missouri river had played out, but a bill of sale from a large fur house In the east to Ralph 55. White for his catch for one week seems to toll a different story. During the second week in Februarv. he says, ho averaged over $5 per day, and among the furs taken were six mink, which netted him something over 60 each, the entire shipment amounting to $:i5.w). Don't Ise Poor OH. For use on sewing machines, bicycles and all purposes requiring a fine lubricant the best is cheaiK-st in tho end. Genuine Singer oil can only be obtained at Singer stores. Lock for the red S. 1514 Douglas street, Omaha, Neb.; 48 North 34th street. South Omahu. Many Honor Ilea gran's Memory. PALESTINE, Tex.. March 8. Sperlal trains are arriving here, bringing large numbers of Texaus wlio will attend the funeral of John H., Reagan at 4 o'clock this afte noon. Governor Lanham and all of the members of the legislature arrived at noon. Committees appointed by the senate and house will act as an escort of honor. SANTA FE REFUNDS MONEY Over a Million Dollars Returned to Ship pers in One Year, AUDITOR SAYS IT IS FOR OVERCHARGES Attorneys for Kansas Claim Pay ments Are in Reality Rebates' to Oil and Other Monopolies. TOPEKA, Kan., March 8. During the year ending June 30. 1902, the Atchison, To peka & Santa Fe Railway company paid back to shippers tho sum of $1,198,352. This iact was developed In the examination today of W. J. Healy, freight auditor of the Santa Fe, before tho attorney general, who Is taking depositions In the case he has instituted to ascertain whether or not the Santa Fe is violating the anti-trust law of Kansas. Mr. Healy said that this amount con stitutes the total of overcharges made for the year and that he could not give the names of the shippers to whom payments were made without referring to tha orig inal vpuc.hers. , He said that It would take three or four months to get the vouchers, and on the advice of R. W. Dunlap, general attorney for the Santa Fe, Mr. Healy tem porarily declined to consent to examina tion of his vouchers and records. It Is. the theory of the state that these overcharges are In reality rebates, and that an examination of the vouchers will show that the greater portion M the pay ments have been made to the Standard Oil company and other monopolies. Rlonr to Kansas OH Producers. INDEPENDENCE, Kan., March 8. The Prairie Oil and Gas company, the Kansas branch of the Standard OH company, today Issued an order to the effect that here after no Kansas oil testing below 30 de grees gravity will be bought by the com pany. This affects nearly two-thirds of the Kansas product. Today's order Is charac terized as the hardest blow yet struck by the Prairie company at the Kansas oil producers, as it moans that practically no oil will bo taken by this concern In Kan sas outside of the bottom Independence field, Neodesha, Tyro and Chautauqua counties. This will, it Is believed, not af fect the district where the state oil refinery Is to bo located. John O'Brien, vice president of the Prai rie company. In explaining the order, said: "Oil below 80 degree gravity Is undesir able. It has no valuo for refining purposes and It Is impossible to And a market for fuel." The gravity of Kansas oil Is from 20 to N degrees. The average Is 38. FORECAST OF THE WEATHER Fair Today nnd Tomorrow In Re. braska, Kansas, Colorado and Wyoming. WASHINGTON, March S.-Forecaat ef the weather for Thursday and Friday: For Nebraska, Kansas, Colorado and Wyoming Fair Thursday and Friday. For Iowa Partly cloudy Thursday, rain or snow In east 'portion, colder in north west portion; Friday, fair. For North and South Dakota Fair and colder Thursday; Friday, fair. For Montana Fair Thursday, colder hi the eastern portion: Friday, fair. For Missouri Fair and warmer in east and south portions; Friday, fair. Local Record. OFFICE OF THE WEATHER BUREAU, OMAHA, March .-Ohiclal record of tem perature and precipitation compared with, the corresponding day of the past threa years: . .... - rgos. 1904. 1902.' 1902. Maximum temperature .. M M 51 m Minimum temperature .. 81 ' 2 30 st Mean temperature , 41-40 40 44 Precipitation 00 .00 .00 .00 Temperature and precipitation departures from the normal at Omaha sines March L and comparison with the last two years: - Normal temperature , 33 Excess for the day. S Total excess since March 1...... 11J Normal precipitation .. .04 Inch Deficiency for the day 04 Inch Total precipitation since March 1 .01 Inch Deficiency since March I, 19f 31 inch IefUiency for cor. period In 1904. .32 inch Deficiency for cor. period in 1903 . 29 Inch Reports from Stations at T P. M. Maximum Tern- Tem Statlon. and Stats perature pera- Rain of Weather. at 7 p. m. ture. fall. Bismarck, cloudy 52 , 00 T Cheyenne, pt. cloudy 44 4H .00 Chicago, clear 40 - -to .ou Davenport, clear ,. -hi 4 . Denver, partly cloudy 44 4 .ml Havre, cloudy 50 60 .00 Helena, cloudy M HO .1:0 Huron, partly cloudy 54 HO .011 Kansas City, dear 4H So ,fk North Platto, clear 4X 5H .00 Omaha, clear 48 61 .00 Rapid City, clear 54 S2 .00 St. Iuls. clear 40 44 .00 St. Paul, partly cloudy.... 4H . 48 .00 Salt Ike City, clear 54 .00 Valentino, clear 62 RK .OS Wllllston cloudy 50 68 V T Indicates trace of precipitation. L. A. WELBfT. Local Forecaster. 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