TTTE OMAHA DAILY REH: THEPPAY. MAY 0. 1005.
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Wholesale-Retail
So. Omaha Ice & Coal Co.
AUDITORIUM CORNER
OMAHA
Phone 373
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MURE RAILROAD PROPERTY
Linei Operating in Nebraska Ondor Lease
Are to Be Assessed.
TO TAX INSURANCE C6MPANY CREDITS
Some Talk of Rrlnalna; ) Wirr
.Proceedings to Prrrnl Commis
ilnnrt iickton frnm Coo
tinning In Office.
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PEST OF THE DANDELIONS
Yellow Flowered Weed ia 0?erninning All
the Lawns of Omaha.
WAR OF EXTERMINATION IS NECESSARY
tinny Ways to Sappress lha Peat,
' bnt Son, of Them ProTO
Entirely Satisfactory
ia Practice.
A pent of dandelion In raffing In Omaha
nJ many of the lawns of the finest
Omaha residences look more like great yel
low field than stretches of bright green
grasss.
The weather conditions, with the fre
quent rains, seems to have promoted the
growth of theee weeds to such an extent
that they threaten to ruin the sod where
tvrr they have gained headway.
The dandelion pest seems to be most
prevalent In the Vet Farnam district,
although It has gotten into all sections of
the city. In one Instance already, that
of Warren 8. Blackwell, on Farnam, near
Thirty-seventh street, the dandelions made
such havoc that It became necessary to
trar out the entire sod and have it re
placed. There seems to be no Infallible way of
suppressing the dandelion. A dandelion
exterminator has made Its appearance In
the shape of a stick similar to a walking
tana with a hollow ferrule that fits over
the plant and lifts It up with the roots.
The objection to this machine, however,
in that It leaves large round holes In the
sod.
How to Make War on Them.
The uiiual way of fighting the dandelion
is to attack It with knives, and some fol
low this up by trying to kill the roots
by pouring kerosene over them, but the
kerosene often kills the adjacent grass as
well. Those who have been most suc
cessful have simply kept cutting out the
dandelion plants with knives and keeping
them from reaching the aeedlng stag by
frequent and repeated lawn mowing.
The leaves of the dandelion serve for a
salad, popular chiefly in Italy and with
Italians who have come to this country,
and occasionally the pest la retarded by
expeditions" from the Italian colony In
rearch of salad leavea. The Idea of raising
dandelions for salad, however, has not yet
Iwoome popular with other classes In
Omaha
Huffman, the main one Implicated, who
jumped bonds some time ago Is still at
large. Fox arrived last night and will
stand trial immediately after Chandler.
Plattsmouth Main Gets Estate.
PLATTSMOUTH, Neb., May g.-(Spe-rlal.)
Carl limning, a young man who
went to Germany from tills county about
two years ago to prove his claim of heir
ship to ono-thlrd of his father's estate,
may return home much richer than he
went. According to an account of the
court proceedings In the case, which ap
peared in a recent Issue of a Berlin paper,
Carl haa succeeded In producing enough
evidence to convince the German courts
that he is entitled to a part of the estate,
which Is valued at about $75,000.
Saloonlst Denied Licenses.
BEATRICE, Neb., May g. (8pelal Tele
gram.) The saloon remonstrance cases
against Arthur Betournay, Johnson &
West, C. N. Benson and Joseph Shackel
ton, which were appealed to the district
court recently by General I,. W. Colby
after the city council had granted the sa
loonists, licenses, were heard before Judges
Kelllgar and Babcock today, and were de
cided In favor of the remonstrators.
Rheumatic Pains dnlckly Relieved.
The excruciating pains characteristic of
rheumatism and sciatica are quickly re
lieved by applying Chamberlain's Pain
Balm. The groat pain relieving power of
the limlment has been the surprise and
delight of thousands of sufferers. The
quick relief from pain which It affords Is
alone worth many times its cost.
JIRY SECURED I THIS HANS CASH
Introduction of Testimony Com
mences In Morning;.
A1N8WORTH. Neb., May .-Speclal
Telegram.) Court convened here to try the
Hans-Luee murder case .and seventy-flve
talesmen called for by the court a week
ago wire about exhausted when a jury was
selected to try the case. The selecting of
u Jury and opening addresses of counsel
orrupled the first day of court, after which
adjournment was taken until tomorrow,
when the state will begin the Introduction
of testimony.
The people are greatly Interested in this
i dsr and many for miles around are In attendance.
Cattle Stealing Case On.
BROKEN BOW, Neb., May 8-(8peclal
Telegram.) District court convened today
with Judge Ilosletler on the bench. The
first case being tried Is that of John E.
Chandler, alleged to be Implicated In the
big cattle steal In this county last No
vember. Nearly the whole day was con
sumed In securing a Jury,, and the trial
did not begin until late In the afternoon.
FORECAST OF THE WEATHER
Showers In Nebraska Today, with
Rising, Temperature Fair and
Colder in West Portion
Tomorrow.
WASHINGTON, May 8. Forecast of the
weather for Tuesday and Wednesday:
For Nebraska Showers Tuesday, with
rising temeprature. Wednesday, fair, colder
In west portion, showers In east portion.
For South Dakota Warmer Tuesday,
with showers In west portion. Wednesday,
showers, cooler in west portion.
For Iowa Fair and warmer Tuesday, ex
cept showers in southwest portion. Wednes
day showers.
I.ooal Reeord.
OFFICE OF THE WEATHER BUREAU,
OMAHA, May 8. Official record of tem
perature and precipitation compared with
the corresponding day of the last three
years: 1905. 1904. 1903. 19(12.
Maximum temperature... Ra 73 7R
Minimum temperature ... 41 52 54 B7
Mean temperature W R9 64 68
Precipitation T .22 .00 T
Temperature and precipitation departures
from the normal at Omaha since March 1,
and comparisons with the last two years:
Normal temperature fit
Deficiency for the day H
Total excess since March 1 SOS
Normal precipitation 18 Inch
Deficiency for the day 13 Inch
Precipitation since March 1 4.94 inches
Deficiency since March 1 73 Inch
Deficiency for cor. period, 1904 47 Inch
Deficiency for cor. period, 1903. ...2.51 Inches
Reports from Stations at T P. M.
Station and Stat Tern. Max. Rain
of Weather. 7 pm. Tern. fill.
Bismarck, clear 48 M .00
Cheyenne, cloudy 60 50 T
Chicago, clear 44 n , .00
Davenport, clear 60 64 . 00
Denver, cloudy B4 lilt .00
Havre, cloudy 60 M ,00
Helena, cloudy 62 K2 T
Huron, cloudy 60 64 ,00
Kansas Cltv. cloudy 68 72 .00
North Platte, cloudy 52 68 .no
Omaha, rloudy 67 n T
Rapid City, cloudy 46 62 .00
St. lxiuls, cloudy 74 S2 .00
St. Paul, clear 54 6 .00
Salt Lake City, cloudy 4 68 T
Valentine, cloudy 48 56 .00
Wllliston. partly cloudy 48 64 . 00
T Indicates trae of precipitation.
L. A. WELSH, Local Forecaster,
(From n Staff Correspondent.)
LINCOLN, May 8. (Special.) The State
Board of Equalization and Assessment in
tends to assess for taxation purposes the
property of those railroads which operate
in Nebraska over leased lines. Before ar
riving at this conclusion, for which the
people have been working for years, the
board secured from Attorney General
Brown an opinion holding that it was legal
and right for these roads to lie assessed
upon their franchises, the value of their
leases, and In fact upon all those Items
upon which the other roads are assessed,
not Including, of course, the value of the
! terminals and the roadbed.
It is not improbable that this will be
followed 1' another Innovation in the
matter of assessing money and credits and
other property belonging to mutual and
fraternal Insurance companies. This latter
Is likely to come about by the Introduction
by Treasurer Morteusen of the following
resolution, which was referred to the at
torney general for his advice In the matter:
Resolved, by the State Board of Equaliza
tion and Assessment, That nil property,
moneys or credits owned or controlled bv
mutual or fraternal Insurance companies,
societies or associations, clubs or lodges,
except such as are expressly exempt by
statute, shall he listed for taxation, and
thut the secretary of the board be In
structed to see that the provision of this
resolution is brought to the attention of
the taxing officers of each county and that
the same Is duly enforced.
While the board Is a unit on the first
proposition. It may be a split will occur
when It comes to deciding about the latter
proposition. Inasmuch as members Galusha
and Eaton were absent, discussion of the
resolution was deferred until such a time
as a full board Is present, and It was
merely referred to the attorney general
ponding this time.
In the matter of assessing railroads oper
ating in Nebraska over leased lines, only
four roads are affected, the Milwaukee, the
Illinois Central, the Wabash and the Great
Western.
Never before have these roads been com
pelled to make returns to the state board,
consequently they have evaded taxes dur
ing all this time, notwithstanding a most
persistent fight has been made to compel
them to share the state's burdens. The
boards have hertofore acted upon the sup
position that there was no way by which
they could be assessed. The present-board
however, decided to get on the right side
ant In conformity with the opinion handed
down by the attorney general. Secretary
Bennett was ordered to secure reports from
the roads In question.
Attorney General's Opinion.
The opinion of Attorney General Brown
is as follows:
I have received through the secretary of
tne state Hoard or KcjuiUlsatlon and As
cessment the request of your honorable
hoard for the onlnion of this dcuartment
whether or not the property of the Chicago
ureal western, tne ivuiwauKce ft t.
Paul, the Illinois Central and the Wabash
railroads, operating over leased lines in
this state, is assessable and. If assessable.
In what manner.
Replying to the Inquiry stated, I beg to
submit the following:
Under section 12 of the revenue law, all
froperty In this state not expressly exempt
h subject to taxation. There Is no pro
vision in the law exempting expressly or
otherwise property such as you describe.
A ran ion a company cioes not neea to own
a track, or a right-of-way, or a terminal
within tne state in oraer to surged what
ever other property It owns In the state to
taxation. This conclusion does not need
to rest alone on section 12. In subsequent
sections of the act, 84 to 93, Inclusive, the
legislature made express provision for the
taxation of the property of all the railroad
companies operating In the state, whether
they own or simply lease trackage and
terminal facilities.
Section 80 commands the state board "to
ascertain all property of any railroad com
pany owning, operating or controlling any
railroad or railroad service In this state. '
The language you observe Includes railroad
companies operating or controlling any rail
road or railroad service as well as those
companies owning any railroad. It la clear
therefore that the legislature Intended by
the language quoted to provide for the
taxation of all railroad companies doing
business In the state of Nebraska, including
those having no trackage and terminals as
well as those owning their own tracks and
terminals.
The same section further provides that
for taxation purposes the properties of
these railroad companies shall be held to
Include not only "the main track, sidetracks,
spur tracks, warehouse tracks, roadbed,
right-of-way and depot grounds, etc.," but
also the "rolling stock." together with the
"moneys, credits, franchises and all other
Kroperty of such railroad company used or
eld for the purpose of operating its road."
The same section further provides that
It shall be the duty of the State Board of
Equalization and Assessment to appraise
and assess the property therein described
as personal property.
A railroad company operating Its own
cars over the track of some other company
has no tax to pay on the trakage, right-of-way
and terminals used, because those
properties are assessed to the company
which owns them. But the company ope.
rating railroad pcrvico in the stule our
leased lines must respond to the govern
ment with taxes nn all the property th.it
It does own. to-wlt: Its rolling stock, ii
moneys and credits in the state, fts Irisrd
contract with the company whoso track
age and terminals It us, and Its franchise.
Its franchise, you understand, l Its rlsht
to do business In tills state, and that right
or franchise, together with Its other prop
erty, is assessable. S'ich Is the settled
doctrine of the land. (Adams Express com
pany against Ohio, pif, r. H., 194, Same, hid
1. 8.. be; Maine against Grand TiuiiK
Railroad company, 14- I'. S, -.1; Western
Union Telegraph company against Mis
souri. 13o U. S.. 41.)
In order to ascertain the property of the
railroad company opi rating over leased
lines and to determine Its value for assess
ment purposes, you have the right under
section 87 of the revenue law to require I
suit company to return under oath to veut
board a scnefiuie or statement giving in
detail all the several Ititns of its tangible
property owned and used in this state, also
its leased contract wiih the road wliuw
trackage and terminals It uses; also its
capital stock and bonds and their vahu;
alsui its earnings, gross and net. in and
without the state, for the preceding year,
together with such other infoimatioii as
you may require. With nil the facts thus
in your possession tne value of the prop
erty In the state becomes a question fur
determination by the board acting in good
taitn ana rxercisnng its best Judgment,
based on the facts and circumstances
shown to the board to be true.
After Jackson's Scalp.
D. Jackson may yet have to fight for
his position as a member of the supreme
court commission, as it has been Intimated
pretty strongly that within a few days
Attorney General Brown will be requested
to bring quo warranto proceedings to oust
him. In a causual way the matter has
been mentioned to the attorney general,
but he has not yet said whether or not
he would bring the proceedings, though
there Is little question but what he will
act. Should he refuse to do so then the
one making the application would have
the right to go ahead and bring the pro
ceedings, and in thu case he Is a man who
will do so. Inasmuch as the supreme court
appointed Jackson such n'case would be
of usual Interest. Jackson was a mem
ber of the late legislature which created
the three additional commissioners and it
Is upon this alleged violation of the crli
stitutlon that the proceedings will be
brought.
Closing
Out
Sale
I! hai iiia
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TRAVELERS CLOSE THEIR MEETING
Conrentlon of Inltert Commercial
Travelers Comes to End.
HOLDREGE. Neb.. May 8. (Special.)
Saturday marked the closing of the grand
council of the United Commercial Travel
ers. The day was a fin! one and the travel
ing men made the most of their oppor
tunity. The grand council waa In session
the most of the day, some six or eight new
members being Initiated. The following are
the officers for the ensuing year: Grand
councilor. Otto P. Tappart, Omaha; vice
councilor, M. L. Dolan, Grand Island; past
councilor, E. W. Gotten. Omaha; secretary,
C. J. Lyons, Omaha; page, E. W. Bailey,
Lincoln; sentinel, Frank Shilling. Holdrege;
grnnd chaplnln, Rev. N. McGrlffin. Hold
rege; members of executive committee, n.
R. Owens. Beatrice; John Corey, Hastings;
representatives to supreme council, C. K.
Cmncleton. , Beatrice; E. W. Getten
Omaha. The next council will be held at
Lincoln. May 6 and 7.
A melodrama by local tajent, under the
leadership of W. R. Rhea, was given for
the entertainment of the visiting knights.
A number of specialties were given by dif
ferent traveling men. This was a fit con
clusion to the good time which the knights
have had here", and everone seemed pleased
with the results in spite of the rain the
first day.
Star Ronte for Osceola.
OSCEOLA. Neb., May 8. (Special.) It
will not be long before all the wrongs that
Osceola has been kicking about Its mall
facilities will be righted and mail will
come In from all directions on all trains
ana oy siar routes. A, route has been es
tablished from Silver Creek to Osceola for
one day In the week and that Is Sunday,
and we shall be able to get the morning
papers from Lincoln and Omaha to read
on that day In the forenoon, the work to
begin on May 21. Bids are also asked for
to carry the mall from Shelby to Stroms
burg and back each day in the week, and
that will give us our papers and letters
soon after dinner each day. Osceola Is
getting to the front along mall lines, even
if its citizens did stop their papers.
Retiring From Clothing Business
Sale Commences Today, May 9, 8 a. m.
Wp have derided to retire from the (-lotliing business, and will sell everv- arnient we
have on hand. The reputation of this elotliinj; is established in Omaha. Every suit in
the stock is made by VAv Meyer and M. C Simon of IJoclicster, New York, the acknowb
tdjzed leaders in the ready-to-wear clothinj; business. 4
This Year's Styles and Patterns in Blacks, Blues, Unfinished
Worsteds, Cheviots, Fancy Scotch Goods, Etc.
Business Suits Outmg Suits
. Full Dress and Tuxedos
Rain Coats Odd Trousers Top Coats
Men's Suits
$30 Suits for $20.
$27.50 Suits for $18.
Suits for $16 50.
$22.50 Suits for $15 50.
$20 Suits for $1350.
Men's Cravenette Rain Coats
$.50 Coats for $21.
$25 Coats. $1650.
$22.50 Coats, $15.50.
$20 Coats, $14.50.
$15 Coats for $11.50.
Women's Cravenette Coats
LOT 1 Women's Newmarket Cravenettes,
exclusive styles In tan, gray and green
also shower-proof silk coats in gray,
green and blue 10 and $'.f 20 00
LOT 2 Women's Belt Back Cravenettes,
with the new sleeves, full length, newest
Patterns and fabrics, y 50
LOT 3 Women's Cravenette Coats, all
sizes and large variety of patterns, worth
:..:.:. 13.50
Odd Trousers i
$t Trousers at $2.75.
$5 Trousers at $3.50.
T Trousers at $4.00.
$7 Trousers at $4.50.
$8 Trousers at $5 00.
$! Trousers at $6.00.
$10 Trousers at $6 50.
$12 Trousers at $7.00.
This Sale Is Absolutely Cash
EASE BR
1417 Farnam St.
Telephone 2223.
CO.
JJ
.,iwi j.)wi.i...p iai aui us stj.s
Polities In Richardson.
HUMBOLDT. Neb.. May 8. (Special. )
The republican county central committee
haa decided to call the convention of Rich
ardson county republican delegates for Mny
27 at Falls City. There promises to be a
spirited contest over the control of the
delegation, and wires are already being
laid In different parts of the county. A
new name Is being mentioned in this county
in connection with the congressional nom
ination, and a number of friends of Hon
O. A. Cooper of this city, piWnt con
gressional committeeman from this county
are urging him to permit the use of his
name In this connection.
t. Joe Men on Tonr.
BEATRICE. Neb . May 8.-(Speclal Tele
gram.) Fifty members of the St. Joseph
Commercial club, accompanied by a brass
band, reached Beatrice at 4:30 p. m., from
the east on a special over the Rock Isl
and. The party remained here for an
hour, during which time the visitors called
on business men. But few were at the
depot to meet them, and the members of
the party evidently felt that they received
a rather chilly reception. The train left
for the west at 6:30 p. m.
TKLEPHOJiE
COMPAXV
IIRHGKII
Independent Concerns In Three States
Knter Combination.
NEBRASKA CITY, Neb., May 8-Spe-cial.)
All of the Independent Telephone
companies of Southeast Nebraska, North
east Kansas, Southwest Iowa and North
west Missouri have been combined into
one company. All agreed to the combine
and the promoters are endeavoring to
float bonds to the amount of more than
ViCO.OOO. The promoters do not deny that
a merger has been completed, but refuse
to give any of the particulars. The new
company will controll all the independent
lines between Lincoln, Omaha, Kansas
City and Red Oak.
e of XebrasUa.
BEATRICE A new bank is soon to be
started at Holmesvitle, this county, by
O. H. Stelnmeyer of Clatoniu. The town
has needed an enterprise of this kind for
a long time.
WEST POINT August Gardols. one of
the best known pioneers of Cuming county,
passed away at Ills home near Beemer this
morning. lie had resided on his farm
northwest i of this city for nearly forty
years.
HUMBOLDT County Attorney James re
cently quashed the Indictment against Lind
Carson, the young man from Nemaha
I county, who was charged with a statutory
crime committed in this county about n
year hsd.
WEST POINT A warrant was sworn out
this morning before County Judge Dewald
charging Charles Van Kessel wit li tile
crime of adultery. The complaint was
sworn, to by John MelHter, proprietor ot
the (ireen Tree hotel In West Point.
WEST POINT Corn planting Is being
pushed throughout the county, almost every
farmer being busily engaged. Ground Is in
prime condition and prospects are good
for an average yield of all products. The
weather is favorable for outdoor work.
WEST POINT West Point is developing
a reputation as a horse market. Over
animals have been shipped from here to
eastern and southern markets by Sehln
stock Bros., horsemen, all the stock being
raised here in the county and of prime
quality.
NEBRASKA CITY Christopher Kas
bohm, one of Otoe county's wealthiest
fanners, died Saturday evening of a com
plication of diseases at the age of 71. He
was born In Germany and came to Otoe
county in 111. He leaves a widuw and four
grown children.
NEBRASKA CITY The Fraternal Order
of Eagles has decided to hold a celebration
on the Fourth of July In tills city. All the
committees to arrange for the celebration
have been appointed. A committee will gn
to Lincoln tomorrow to request Hon. W. J.
Bryan to be the orator of the day.
WEST POINT It has been decided by
the county school superintendents of Cum
ing and Burt counties to hold a Joint insti
tute of the teachers of both counties at
West Point Instead of holding two separate
Institutes. The date has been fixed for Au
gust 14. The institute will continue one
week.
TECTMSKH-Miss Lr.tta Talcott, the
daughter of Mr. and Mis. W. H. Talcott
of this city, who is Just home from New
York City, where she has been receiving
voice culture, will give a recital Wednes
day evening. The entertainment will lie
for the benefit of tho Tecumaeh Musical
cluh.
TECUMSEH William Moslander. a
farmer living near here, was considerably
bruised in an accident west of the city
last evening. Moslander and his son Oeorga
collided with another rig with the result
that Mr. Moslander was thrown out of the
hitDiTf .itiil in Inrnit
BEATRICE-1 S. Kirchncr of Liberty
township Saturday brought In eight wolf
scalps and left them at the county clerk's
office to receive the usual bounty. The
i-Mt'-ii iu!ii.iMrii ii in,, inoiiier aim seven
:iiiiw. v o.ii j uiiiifccr. living wesi oc .
town, also deposited twelve scalps In the
clerk's ofllce. So far .this spring tlfty-nlno
wolf scalps have been left at the clerks
BEATRICE The Girls' Literary society
of the high school held a meeting Satur
day evening and at'i-r a musical program
a debate was held. Tho subject discussed
was, "Resolved, that a high tax should
tin lllii-iujl fin hiiiiilirruiila , t I . l'nlt.,1
States." The urhrnritive was upheld bv
Miss Helen Smith and Miss Rhoda Hail
and the negative hy Miss Laura. Gale and
MU-u l.'l'K.i 1 Inliri.
HUMBOLDT An effort Is being made t,
secure a licence for the sale of liquor at
Nlms City, the Hi tie town which became
quite notorious last summer by reason
of Its gambling, bootlegging and one or
two wicked nssaull cases. Tho village is
not Incorporated and trunk 1 Blkene,
one of the promoters of the town, has
asked the county supervisors for a license.
There is marked opposition ami the grant
ing of the petition will be stubbornly fought
by the ant i-liceiisH people of that section
and the entire county as well.
BEATRICE A new patriotic organize
tion was perfected in Beatrice Saturday.
The organization was made by Mrs. Alice
Truell of Lincoln and comprises about
twenty-live members. These officers were
elected: Frederika Cole, president: Hester
Tibbitts, senior vice president; Mary t'hll
dre. Junior vice president: Lucy Cole, treas
urer; Mary A. Hagey, chaplain: Mrs. Wil
liam Atwater. conductor; Miss Georgia
in i. n, i.ciin. .J .inn i , . linn. -ii. rttiMn
C. Staples, secretary; Minnie E. Staples,
assistant conductor; Maggie Meeker, as
sistant guard.
Do you think
Nature ever intended
have short, stubby,
thin hair? Hair that
and falls out so
easily? Certainly not
is unnatural. Your
hair should be firm and strong, Ion
thick, soft and glossy;
the kind that Ayer's Hair Vigor
will crrf rrn So,d,or ly
WAX v V VUi J. C. Ayer Co., Lowell, Mass,