THE OMATIA DAILY BEE: SATURDAY, JUNE 4. 1WS.
IS
GOVERNMENT NOTICES
f'ROPoFALfi FOR tlx BK1CK UCIL1
Ui-. Winer. B-wei and fcie'iric L,iglit-
yetem. I itartmem of ih Interior.
I'ilice of Indian Aflnlrs, Wahli-Uin. U. C,
June , IK i, h...ied proposaii,. endorsed
rruoosals for Huiidinits. nc at Whkmi.
1s. I., una atldrewM-a to the CommmHionttr
cif Indian AAuira. H munition. I. (.".., vul
be received at the lndiu.li Office until J
o'clock . m. of Jucmu). July id. li, for
furnishing and delivering- the norfuar;
material), und lalor required to construct
and complete ta tiurmitorlee. a at haul
house, a iness Ka.ll, a laundry and a nr
liouse, all ui biic. with piurtitniiB, sieam
hetf and electric liRht. alKo wittr, scwt-r
und electrio lighting systems, at the sits
of the iit-w scin.ol, nt-ar Wahpetun, N. I) ,
In strict Hcrordatinf with inans. specifica
tions and inatrucuona to bidders, whmh
may be examined at this ofT,c, the oftices
ut the "jastie." Wah.tn, N. 1).; Urn
Tribune.." iiHniirck, b U ; Uie Arufrs
Leacier," BU.ux Falls. 8. V the "Improve
ment Bulletin," Minneapolis. Mum ; the
'f'loiiecr-I'ret.s." tit Paul, Minn., "Amerl
an Contractor. " O.icuko, 111 ; "GlotH-Iiem-ocrat,"
8t. Louis Mo; "Bee," Oniulia,
Kvh ; the i'.uiluers and Traders Exchanges
at Omaha. Neb ; Milwaukee.. Wli.; Bt. i'aul.
Mum., and Minneapolis. Minn ; the North
western Manufacturers' Association. Pt
J'aul, Minn ; Cawum-i-cial Club, lea Moines,
la.; the I. S. lmlian Warehouses at
fcnuth Canal St., Chhapn, III.; n Woosier
8t., New York; Sin finuth fcevent.li Bt., Bt.
Louis, Mo.; bib Howard St., Omuha, Neb.,
and with the ieiniuster at Wahpeton.
N. D. For fuiiner information apply tu
C F. Larrabee. Act In Commissioner
J 6--10-l-lt-l7-a-22-24
PROPOSALS FOIl CLEANING MATE
rlal, Lamps, xtc. Ofboe ir the Lie
pot quartermaster, Omaha. Neb., June 17.
fcoaled proposals In triplicate, will be
received bt this office until 10 o'clock a. m..
June I". lfKf,. for a polio, concentrated he,
lamp supplies, Mc. I'nited States reserves
the rlsrht to reject any or all bids, or parti
thereof. Information and sjiectficaliotis
furnlHhed on application. Envelope con
taining bids to be marked "I'ropimals liir
nnpollo. lamp, etc.," and addressed to
Captain Thomas. Bwobe, quarlemiueter.
M J
CHIEF QI'ARTERMAPTER'P OFFICE,
Omaha, Nebraska. June 15. 190& Sealed
proposals. In triplicate, will lie reoelved
here until u o'clock a m . cerrtral etandard
time. July lu. Ihi. for dlelnterlnn. boxing
and preparing for shipment approximately
ooe hundred and aeventy-flve (JTr.p remains,
end a like numler of beadPtone. at Old
Fort Hay cemetery, Elllc county. KanmiH.
BlK-ciflcation and full Information fui
nlRhed on application here. Envelope con
taining propiw.Kl to lie marked "FropoalR
for dlFtinterihfr remains," and Bddrened to
J E Sawyer. Chief (JuartermaHtcr, Annv
Htilldlnc. fmaha Neb .1 17-r4-Jvl-;-li-n
LEGAL 07IC12I1.
FUULIC NOTICE.
By virtue of an order of the district
court of lioufclaa County, Nebraska, in a
auit therein pntidinp, entitled Frank J.
liennlson agamiit Western Anchor Fence
Company, entered June lb, VhXi. 1 will Bell
for caah, either privately or publicly, all
the aaeta of the Western Anchor Fence
company of every kind and deecrlptlon. In
cluding material, machinery, .tools, fixtures,
office furniture, patent rlpht and every
other specie of property owned or enjoyed
by the Western Anchor Fence company.
Said property will lie Bold In Hepaj-ate
Item or a a whole. Any part thereof not
previously sold privately will be offered for
sale ct public auction on July Hi, If, at
3d o'clock a. m. at 2(15 North 17th street,
Omaha, Nebraska. All bid for said asset,
or any part thereof must be accompanied
by the cash, and will be reported to the
court for confirmation.
Hcfore the time fixed for the public Bale
of aald unet 1 Id therefor will be re
ceived at my office In the McCague build
ing, Omaha.
THOMAS H. M'CAOUE.
Receiver for VeBlern Anchor Fence Co.
J IS d20t m
RAILWAY TIME CARD
IMOK UlATlOft TENTH A AD MARCT.
lalua Paclfks.
Lieave. Arrlre.
Oveiiand Limited a v;40 am a K.lb pro
Caluornla Express a 4:10 pm a.S:S0am
California Oregon F.x a 4:2o pm a 1.10 pin
Norm i'laiie lAjcai a 7 ;iu am a S:2u ptu
Fast Mail a 7:66 am a t :jO pm
Colorado Special a 7:46 am a 7:44 am
Heatrlce local b S;16 pm b l;tu pm
St. Louis Express 6:30 pm :M) am
bt. Louis Local tlrom
Council Bluff sj :1 am 10:10 pm
Shenandoah Local (from
Council Kluffm B:46 pm tM pm
Cbluaatt, Hack 1 aland ravclfle.
EAJsT.
Chicago Limited a 1:26 am a 7:10 am
Chicago Express a 7:ia am a a:uU pm
Chicago Li.., Lch al . . . .bll:4U am a 4:W pm
lies Moines Express a 4.30 pm bU:6u am
lies Moines Louai a b.66 pm
Chicago Fast Express, a (:4U pm a 106 pm
WEST.
Rocky Mountain Una d. a 7:20 am a 8:80 am
Colorado Express a 1:110 pin a 4:65 pm
Oklahoma A Texas Ex.a4:Hupin all: 40 am
Colorudo Nicht Ex a 6:6i pm a 7.26 am
I'kicaa kBitkwsMera.
Local Chicago all .30 am 1:46 pm
Fast Mail a fcJ pm 6:30 am
Lavlishl St. Paul a 7 .6u am 10:00 pm
Iiayllght Chicago a 6:00 am 11:60 pm
Limited Chicago a 6:36 pm ii.li am
Local Carroll a 4UW pm l:6u am
Fael St. J'aul a 6:26 pm 7:06 am
Locai Hioux C. fit. F.b 8:60 pm l:3 am
l ast Mail .... i:60 pm
Chicago Express a 6.o0 pm a 7:30 am
Norfolk sc 71oiiestsl....a 7:40 am 10:36 am
Lincoln st Long lJine....b 70 am Ui:3a pm
Casper 4t v yonung....e t.mi pin suo pm
Lead wood Lluooiu....a 3:60 pm 6.15 urn
Hasiinga-Aiblon b :6u pm 6J pm
Mtaaoart I'aelBa.
St. Louis Express a 1:00 am a 6:30 am
KC.Sc Bt. L. Ex allU6 pm a 6:ou pm
. blcaso ureal w ntera
St. Paul & Minn a:30pm a 7:16 am
St. I'aul Minn a 7:46 am a 7:66 pm
Chicago Limited a6:uopm al0.Su am
Cliicago Express a 6:(E am a 3.30 pm
I kicaga, Mllwsvak.M A bt. ParnL
Chicago Layllght Ex.. .a 76 am all:00 pre
California-Oreson Ex. ..a 6.46 pm a 3:10 Dm
Overland Lii.ated a 3:36 pm a 7:36 am
1mm m Okoboji Ex... a 7:66 am a JJiu pm
llllau. C cMtrax.
Chicago Express a 735 am a!0:36 pm
tUilcaao L ml ted a 7:60 pm a 1:06 am
Minn. & bt. Paul Ex..b 7:26 am bl0:36 pm
MUin. t 6 Paul Ltd . 7:60 pm a 3:06 pm
HI RI ITinOH-HTH 4k MASON
Arrive.
1 'Hi tM
a t:IH om
a 7:40 pm
aliiOfc pm
alu:i6 am
b 3.32 am
Barllagtosu
Leave.
fenver 4V Or.Ufornia ....a 4:10 pra
Northwest Exjress ....all :10 pm
Nebraska points a 6:60 in
Lincoln Fast Mall b Hi pm
FX. Crook 4k Plattam'Ui.b 2:62 pm
Hellevue fit Plattam'th. .a 7:60 pm
P-ellevue Pac. June. a t.soam
bellevue fc Pac Junc.aU.16 pm
Ienver Limited
Chicago Special a 7:26 am
Chicago Express a 4:oo pin
Cblcago Flyer a 6:06 pm
lowaLooal a 16 am
St. Louis Expreas a 4:46 pm
Kansas City Bt Joe..al0 46 pm
Kansas Tlty & St. J:e..a $ 16 am
K.ansas City & St. Joe. a 4:46 pm
WERITEB DHirOT lUk WEBITEB
Mlsaarl raclsle.
vhrnnira T .oral, via Leave. Arrive
Weeping Water b 8:60 pm b!2:S0pm
Ckioas. t. rmmu HlsaeayelM
Oaaabau
Twin Cltv Paaaenrer...b 6:S0 am b :10 pm
Sioux Cltv Passenger... a t oo pm all :91am
Oakland Local d pm us ioam
A dailv. b dally except Sund.iy. d dally
except Saturday e daily except Monday:
OCEAN HEiMEHI.
a 7:10 am
a t:66 pm
a 7.116 am
a!0:63 pm
all.30 am
a 6:46 am
a C:U6 pm
aaicjuua UN3 o. a sulo. wtim
TEW TOKK. IONUOkUKXaT AMD OLASOOW.
KEW TOkK. eiakAldak AMB MAPLEA.
Superior aoconusadatlaa. KxoslHut ruSUB. Ts
Coaiiuft al Puiisra CArsIuilr tiuiar4 Slu.
or kawS Tri TioBals Mw biKB New I are
na buuwJt. Kugluli IrMO u ell pnnopal
Uuauul ul&La at attlaaUM fstas haS tor JtauS
ml Tour, fur tiuS'a or fMerki huiauiluu svif
U uf local as"! SI IH aaciier w ar
SiarliSi.aa" ru
NEWS OF INTEREST FROM IOWA
COUNCIL BLUFFS
rv1 Bell drugn.
Ptockert sells carpets.
Plumbing and heating. Blxby A Sen.
lira Woodbury, dentists. K Pearl street.
Morgan & iJickey. headquarters for fire
works. Leffert'i l:.iproved torlc lennei Rive satls-
furtion.
The latest shades and pBttem In wa'l
pajwr at Borwlck s. 211 South Main.
Woodring-Scbmldt Undertaking Co., 2J6
E aay, succenors to Lunkley. Tel. 339.
SiK-clal stteutlon plven to pictures for
wedding rifts. Alexander ICUi B way.
I'uncan, 23 Main St.. guarantees to do the
beet shoe repair work. Give him a trial.
Dr. Luella B. Iean. homeopath, disease
of women and children. Koom 3, Brown
Lldg. Tel. M.
James McOuckln, a shorthand student of
the Western ob college, secured a poi
tlon with Allen Pro., Omaha.
A marriage licence was issued yesterday
to James Busk, aged 27, and Anna M.
OlBen, aged 27, both of this city.
I'isc record for Columbia Graphaphones
alwaya on band at Bourciu Piano House,
tiead quarters lor Talkir.g Machine. S.I6
Broadway.
Hon. C. A. Walsh of Ottumwa, la-, mem
ber of the democratic national couimlttee,
was the guest yesterday of 6. B. Wnd
worth and other friends in Council Bluffs.
Deputy Cltv Marshal C'rum was called
upon to kill a large mastiff dog which had
been shot and wwunded by someone. The
dog was llng en the sidewalk at Avenue
B and Thirtieth street.
The hearing lb the Manawa fence suit
wa continued yesterdj- in the superior
court until Monday. The evidence, with
the exception of the rebuttal for the de
fense, is all In and it is exi-cted the case
will te submitted to Judge Scott about
Tuesday.
Have you money to" burn? Most people
have other use for It. Tou will ".ct burn up
Bo much by buying jour martlea. burner
and globes, etc., of u at jobbers' pricea
We do nickel and copper plating Lawn
mowers sharpened. New Specialty Manu
facturing company.
'Doc" Sheldon, charged with obtaining
money under Ialne pretense, w.s removed
yesterday from the city jail to St Ber
nard s hospital In order that he might re
ceive treatment to a.HHist him In recovering
from his protracted ppree. He is confident
that as soon as lie recovers hi relatives
will come to his assistance and square up
his financial troubles.
Complaint wa made to the police yester
day that a dog belonging to Mrs. Hunt,
who conducts a small grocery store at
Avenue O and Fifteenth Btreet, had bit
ten a small hoy named John G.1 Mr.
Hunt told the police that if i 4 boy's
parents insisted she would havf ti.e dog
killed, but that she needed tlie Hog to
mind the store at night.
The cummiHHlotiers today will Investigate
the case of Adolph Shumate, the man who
was found wandering about the city a few
days ago in a mentally deranged condi
tion. Shumate wa taken into custody
claiming to have been at one time an
inmate of Cherokee asylum. Up to date
the commissioner have not neara irom
the Cherokee authorities.
A M. Ellsworth. In hi $20,000 damage
suit against Peter W. Cramer and other
resident of McClelland for his arrest on a
'.harge of attempting to set lire ui nis
i.,.t-i hiiiirlin- in that town. yesterday
filed an amended petition In which he re
lates the history oi hi arrest auu uu
eequent indictment and acquittal. He de
niKMia riKHio damares for his flrBt arrest
and 310,000 lor the subsequent Indictment.
STATE BOARD CALLS CITY
KORTH WESTERN RAISES BRIDGES
Loses Ko Time la Arreptlast Prlvile-a-e
Granted bv City.
The Northwestern railroad has lot no
time after securing the oonsent of the city
council to the raising of Its tracks across
Broadway In order to permit of the raising
of its bridges, In commencing the work.
C. F. Wiley of the engineering department
of the railroad arrived In the city Thurs
day night and yesterday had a large toro
of men and a steam derrick at work.
The two large steel bridges which span
Indian creek Just north of Broadway be
tween Eleventh and Twelfth streets will be
raised about eighteen Inches and this will
necessitate the raising of the tracks for a
considerable distance on each side. It Is
possible that the platform around the pas
senger depot will also have to be raised.
The raising of the railroad's tracks aoross
Broadway will necessitate the city raising
ths grade of Broadway for a blook at least
each side of them. It Is figured that by re
laying the granite block paving from Ninth
or Tenth street to the Illinois Central's
tracks Junt west of Twelfth street this can
be accomplished with but comparatively lit
tle expense.
The Northwestern railroad has four
bridges across Indian oreek, and It baa con
sented, as the other railroads have, to con
tribute E4.000. or B.000 a bridge, towards the
expense of dredging the creek from Seventh
street to Sixteenth avenue. In addition the
Northwestern has ofTered the use of Ui
platform dredge to the city, the latter
merely to pay for the actual ooet of oper
ating the machine by the oompany's own
crew. With the raising of the Northwest
ern s bridges at Eleventh street, it Is be
lieved that the main cause of Indian creek
periodically overflowing at this point will
be removed.
Mission Entertainment Draws.
There was a large attendance at the en
tertainment given last night by the girls of
Rev. De Long's Industrial school at Mission
No. I. on Avenue F. Mrs. Robert Mullls
assisted with two solos, and Dr. P. J.
Montgomery addressed the audience, ex
tolling the work done by Rev. Mr. DeLong
and his wife. The Misses Standeford, Chrls
tensen and Johnson assisted on the pro
gram with recitations. The girls served
loe cream and cake and expect to be able
to furnish the hall with the proceeds of
the entertainment.
N. T. Plumbing Co. Tei. SO Night, FMB
(MMTS. IMIIM (iBIX 2n
CCHPASKIE &EF.ERALE
TftAsiaATlANTieuC
rfrenrh EOna, Kew Turk to Parts, His Days,
rtil""jT atvary Tbaraday al 1 an,
Lb Lorraine Juu IS. La KntVH July M.
L lfc:usua.....-Julr 4. La Lurrm.u Jul? 17.
L aviu Jul? IX, L Tuurt m Au .
. BiutMarB. suu l-osrv aaS aw
ausiuan, naval jOiuara' MUi-ui-r aiautenii.
iuuifau) kmuIiuImi iraloa. fcuir-farta. 4 ksttim,
T. ,...ui.i iiicuaui r kur leia-aui am mma.
U.ril a. auur ' VauakU K K . 1WU fWMs
Sliuac Uu Maaa. iral Kauiui.1 itaaa. ..
a kulBanara. I. K 4- ' itl
raruao, S'MC u. aV AlllwU, ASM t'auia raiuiu
a. a.
iliu LIMB loti L siau. sraaMgai
MilKTktM. u LTVKkiHMlL. Waekt SaiUiiaa
Si. Lawvaaba KuuLa
Slinnant. aui'imuaai and muat ptiurasnua.
tr lAtl Tttto.S Tk II' LA SCkk t'.UMU
' Viutariax" aui "Vlrauilan' -s: ittua a-vft.
TWIN Sf"Kir STEaalkKi
'Tuniaiuu" au4 "fcavariaa" K.aav tans aaaa.
APPljr u aa luual aa-ui. ar
U -.. L wtawili iu-vb- CUiCaM.
White Rose Flour, 1 4j
per Back IsTU
Cherne' nigh Tatent 1 Mf
Flour, per Hack .... I s4 U
Supar, 17 pounds J QQ
Or K-10 per 100 pounds.
Best 20c prade Coffee. 1 fl O
C pounds IsUU
Best Country Butter, 10,
per pound I OC
Best Old Potatoes, An
per bushel tUG
New Iotatoe, 7C.
IfT bushel fuC
Everything guaranteed.
C. 0. D. GROCERY,
132 W.Broadway. TcL L-B45.
8. CHERNES, Prop.
Aiki for FacU to Bnbtuntigte Butemecti
Eeparding Eailway Aueumezit,
LEWIS CUTLER
MORTICIAN
oo nriei aa.
Lavty Attmoawt tf Dsntrnd.
UNION PACIFIC ONLY ONE WITHIN REACH
Mlleace la Mate ta All within the
City and Kbowlnc mill Be Made
ns te the Value of Com
pany's Property,
it is now up to Council Bluffs to demon
strate to the state executive council by
rarts that the projierty of the t'nlon Pa
cific railroad Is not sufficiently assessed and
thst while the assessment has been ma
terially lowered in the last five years the
value of the property has not decreased.
A. H. Devlson, secretary of the executive
council has written, acknowledging receipt
of the copy of the resolution relative to
the assessment of railroads in this city
passed by the city council at its Inst reg
ular meeting. In his communication Secre
tary Du-laon says as follows:
Permit nie to FiiBret that your people,
who are willing to declare these matters In
resolution form, m-ennre a statement of
facts which would supjKirt the conclusion
and present the same to the executive
council I have no doubt your people, at
least many of them, have gotten the im
pression that the statements of the resolu
tion are substantially correct. The execu
tive council, however, will lie confronted by
the statute an It exists when It conies to
the distribution of the values of railway
property, and while there may lie a very
much larger value of railway property lh
Council r.luffo than is reported by the as
sesnmcnt certified through your city, the
law mukes It impossible to chance the as
sessment except by lncreasitie the assess
ment elsewhere as well as In Council Bluffs.
Fads supportins your contention relative
to the value of the I"nlon Pacific In Coun
cil Bluffs would be gladly received by the
executive council. The representations to
the executive council during the past years
have been directly opposite to your con
tentions, and in order to raise the valua
tion, something tangible, no doubt, should
he presented to the executive council on
which Xrr base the srfme. The resolution as
It Is presented, unsupported by facts, would
not warrant a change In valuations of
property, and I call your attention to the
matter at this time In order thut you mav
not complain, but may fortify yourself
with facts to present to the executive coun
cil. While the city efflclals realise that to
change the assessment of the railroads
whose mileage extends outside the city
under the present system of assessment
cannot be accomplished they glean a ray
of hope from Mr. Davison's letter that it
may le possible to show to the executive
council that the property of the fnlon
Pacific, whose mileage Is entirely within
the city, should be assessed at its former
valuation, in view of the contention thai
the value of Its property has not decreased
In the last five years.
City "ends Reply.
The following reply was sent yesterdav
to Secretary Davison:
We are well aware that the executive
council does not make, neither can it
change the existing laws relative to the
mode of railway assessment, which wei
know is unjust to terminals; for instance,
the Mason City & Port Dodge railway pur
chased its right-of-way In this city at an
expense of more than l2(Wi.0tX( for private
property and then expended over $1(10.000.
and todav the taxable value of its property
Is S10.847.K6. A similar condition exists with
the Inibuque-Sioux City railway tlllinols
Central.!.
We do not expect relief from this unjust
law at this time, and know that an In
crease to us would make a corresponding
increase of assessment elsewhere, excepting
such roads whose mileare is eatirely within
our city, as is the case with the Union
Pacific.
Inasmuch as the assessment of the rail
roads Is entirely taken from ub locally it
Is difficult for us to furnish facts supjKirt
Ing our contentions without data to work
upon, such as is furnished the executive
council by the different roads. However,
we do know that five years ago the Union
Pacific was assessed at ioo.uuu per nine
and now at only Hw,omi, and we do not
believe that there has been an actual de
crease in value. If you will furnish us
with a copv, at our expense if necessary,
of the last statement of the Union pacific,
as required to be furnished by section 1SH4
of the code, we will endeavor to support
our contention with facts or prove to our
selves that we are wrong.
Mayor Macrae announced last evening
that he would call a special meeting of the
city council to consider this matter and a
special oommittee will probably be ap
pointed to take up the matter and secure
the necessary data on which to make a
showing before the executive council. It
is likely that the assistance of the Com
mercial club in the matter will be asked.
rasor. Paddork-Handsrhy Hardware com
panv; second prise, quart of wine. L Rosen
feld": third prise, art picture. C E. Alex
ander; fourth prise, white rabbit, park
board.
Pule climbing contest : Prise, sugar-cured
ham. C. H. Huter a Prother
Cstcliins greased pip prise, the pig
Throwing base ball, hoys under If years:
First prise, leurue base 111, D. W. Push
nell; second prize, sweater. Joe Htnlih A
On.; third prise, pocket knife. D. W. Bueh
nell; fourth prise, white rfcliolt. Park toard
Punning Jump: First prise, suit case.
John Petio company; second prise. Jointed
fish pole and tackle. L. C. Bracken; third
prise, quart of wine. L Rosenfeld
Hack race: First prire. cap. Metcalf fc
Metcalf: second prise. "Illustrated Book of
Adventures." L W. Bushnell; third prise,
pocket knife, Emi'kle-Phug&rt-Hill coin
lnr. Tnree-legced race: First prise, two silk
neckties. Joe Smith ft ; second prise.,
two boxes of soap. Scliaefer drug store;
third prise, two base bal!n. Ewulne Msuer.
Women s race, ' years or over: First
prise, ti fan. W. G. Woodbury company;
second prise, red stein. "Holland Girl.' W.
A. Maurer; third prise, two pounds of tea,
U. P. Tea company.
Pie eating contest: First prise, leather
belt, Brandon Fleming; second prise,
pocket knife. Peterson & Schoenlng; third
prize, hair brush. Camp Bros.; fourth prise,
white rabbit, Park board.
Ijargest familv prlre. one sack of John
Alden flour. 8. T. McAtee.
Babv carriage rwce. carriage to contain
babv pushed by father: First prime, lace
babv cap. John Heno compar ; second
prise, coffee pot, Empkie-Shucart-HUl com
jianv; third prise, box of Mennen's talcum
powder, Camp Pros.; fourth prise, patr of
child s slip-, people's store.
Paper chase race. o;n to all: First prise.
K In gold; second prise. Japanese goose,
'Togo.' value IHi. Park board; third tinae.
catcher s mlt. The Cydery.
Tup of war for women, ten to compete:
First prise, ten-pound box of candy, J. G.
Woodward & Co. ; second prise, doren silver
tenspoons. P. C. DeVol Hardware company;
third prise, ten soda water checks, Clark
Drug company.
Women's race, old enough to marry First
prise, solid gold brooch. H. M Lefferts;
second prize, set of bread and butter plates.
Grand Union Tea company; third prize,
bottle of perfume. Harie-Haas Drug com
pany, fourth prize, box of perfume, Clark
Drug company.
Most benutiful baby. Georp-e H. Mayne
Judge: Prise. talr of solid gold baby pins,
C. B. Jacquemin.
BEARING DOWK OX 8ALOOXMEK
Provisions of Mnlrt Law Most Be
Better Observed.
"The saloon men will have to make some
concessions and conduct their places more
In conformity with the mulot law," said
County Attorney Hess yesterday In discus
sing the demands made by Revs. A. E.
Burlff and W. B. Clcmmer on behalf of
the Pottawattamie County Anti-Saloon
league. Mr. Hess stated that he believed
the saloon men would see the matter in the
right light and not force the hands of the
organization represented by the reverend
gentlemen. Further, Mr. Hess said he
would Insist that all money Blot machines
be removed from the saloons, and this, he
added, would apply to the entire county
and not Council Bluffs alone. The Antl
Saloon league is insisting that the saloons
be closed on Sundays, and If this has to be
done in the city the resort at Lake Man
awa wftl also have to fall in line, and the
sale of liquor there on Sundays will be
likewise prohibited.
. Several conferences have been held within
the last few days between County Attorney
Hess, the ministers and the city authorities,
but as yet nothing definite has been ar
rived at beyond the announcement made
yesterday by Mr. Hess that all cash slot
machines would have to go.
Real Estate Transfers.
These transfers were reported to The Bee
June 22, by the Title Guaranty and Trust
company of Council Bluffs:
John Drlscoll and wife to John T. An
derson, lots 13 and 14. block 10, Ev
ans' id Bridge add., w. d f 1.S36
John J. Dohany to W. A. Maurer, part
lot 192, original plat, w. d 1
Two transfers
1,337
Endeavorers End Meeting;.
"WOODBINE, la., June 23 (Special.)
The annual convention of the Christian
Endeavor societies In the Seventh Iowa
district adjourned last night, having been
In session three days at Woodbine's First
Methodist Episcopal church. Officers of
the association were elected as follows:
President, Rev. W. H. Schlmler, Anita;
vice president. Battle Pugsley, Woodbine;
eoretary, Mary McTherm, Oakland; treas
urer, L. L. Sample, Woodbine; Junior su
perintendent, Sadie Pugsley, Woodbine;
missionary superintendent, Olive Jackson,
Avoca; superintendent of Bible study.
Rev. J. George, Atlantic. The next con
vention will be held at Panora.
SOMETHING IOIG AT THE PARK
Program for Fourth Arranged to
Fnrulsh Fun for All.
There will be all kinds of sport and fun
at the Fourth of July celebration and
basket picnic in Fairmount, Judging from
the program which was completed yester
day by the committee on arrangements.
There will be old-fashioned contests and
races fur young and old, of both sexes.
Including catching a greased pig, the
porker to become the property of the per
son securing It- The merchants have con
tributed generously and there will be all
kinds of prizes to compete for.
One feature which is expected to attract
a large list of entries will be the baby
show, a valuable prise being offered for the
most beautiful Infant. .Attorney George H.
Mayne, the Adonis of the local bar, has
been selected aa Judge for this contest, as
he has a reputation of being the greatest
connoisseur in this line in Council Bluffs.
George B. Wright will be director of sports
and will be assisted by Fire Chief Nichol
son as starter, while Chairman Graham,
Frank Peterson and Captain J. J. Brown
of the Board of Park Commissioners will
act as Judges. Mayor Macrae will be mas
ter of ceremonies and Alderman Gilbert
will be on hand with a wagonload of Ice
to keep the people cool.
The celebration will commence at t p.
m., by which time, it is expected, the pic
nickers will have finished their lunches and
will last until 11 o'clock. As soon as it
becomes sufficiently dark JiiOO worth of
fireworks will be set off from the highest
peak in the park.
Hon. A. S. Haielton will deliver the ora
tion of the day and there will be a number
of musical features. Including playing by
Scotch pipers in costume, singing by pick
aninny Jubilee singers and a male quartet
and music by the band.
This is the program of sports and list of
prises for the several events:
Boys' race, under 18 years: FlrBt prise
sweater, Metcalf Metcalf; second prise,
hat. Joe Smith A Co.; third prise, pocket
knife. P. C. DeVol Hardware company.
Girls' race, under 10 years: First prise
lady's pockett.ok. 0. H. Brown; second
prise, bottle of perfume. Hansen Wesner
third prise, bottle of violet water, U. P.
J ea company.
Flag race, ten to enter: First prise box
of Havana cigars. Peres-oy A Moore, second
prise, box of domestic cigars, C. Zermulilen
third prize, hex of domestic cigars. Prank
Levin.
Tug of war, ten men to enter: First prise
box of Havana cigars. John G. Woodward;
swond prise, box of domestic cigars, Frank
Peterson company; third prise, box of do
mestic cigars. Maloney ft Healev.
Fat men s race, 2bw pounds or over: First
prise, nickel-plated soap cup and bar of
a polio, J. C. Biabr Bon; second prise
pound of allvor prunes. S. T. McAtee; third
prise, botU oi an U -fat. Harie-Haas Drug
company.
Ptfiai raoa, open ts aU; First prist,
Mas- nnal Peeenlier In Reverse Order.
MARSHALLTOWN, la., June 23. (Spe
cial. ) Mrs. Hattle Sawyer, a widow and
mother of nine children, and who has seen
the suns of 41 years, was married Wednes
day at Toledo to Carl W. Thorn, a minor
of only 10 years of age. Both parties are
residents of Marshalltown, but went to
Toledo to have the marriage ceremony
performed because Clerk Lounsberry re
fused to grant the necessary license, on
account of the boy only having the consent
of one parent, his mother, who Is a
younger woman than her new daughter-in-law.
Attempt to Wreck Dam.
MASON CITT. la., June 23 (Special. )
An attempt was made last night to blow
out the dam at the outlet at Clear lake
with dynamite. The explosion was terrific
and was felt In the town a mile away.
Rocks were thrown a quarter of a mile and
a big one demolished Farmer Ingersam's
henhouse. Only a small breach was mafl
In the dam and no damage from overflow
resulted. If the attempt had been success
ful a large area of farm lands and a por
tion of Mason City would have been inundated.
Posse (apt area Mnrderer.
KEOKX'K, la., June 3. (Bpeciol. V-Hld-lng
in a field of high grass, Henry White, a
negro, was captured by an armed posse
yesterday afternoon. He was taken to the
county Jail here. White shot down Charles
Lewis, a negro. Wednesday, then conoeald
himself tn the grass where the posse located
him. When found he took to his heels. A
shot or two caused him to change his mind
and he surrendered.
niamer Reliool nt Woodbine.
WOODBINE, la., June 3 (Special. )
The Harrison county teachers' summer
school is now in full blast and will re
main in session for six weeks. It began
Monday and is held in the normal school
building. The attendance is forty-four, but
will be much larger. The Instructors are
as follows: D. E. Bratnard, M. A. Reed,
F. J. Howe, G. B. Rlgg and Bertha Cad-well.
Wants rtamaaea or Hnsbauil.
MOUNT AVR, la.. June 3.-( Special. )
Blockton people are highly excited over a
suit for 125.0110 breach of promise, started
by Miss Lena West against Druggist
Charles M. Duff. She avers that he prom
ised to wed her two years ago. She Is the
eldest of ten children. Duff is very wealthy.
Legss Bar Draws Prise.
LOGAN. Ia., June 3 (Special V Angus
M. Berry has been awarded the KX prise
offered by the world s fair management
for the best poem written by a boy under
21 and will deliver the poem at the fes
tival hall In Portland on American Boy
oar, July i
M'PHERSOS GIVES ADVICE
Write. 0urtic Letter to Km Who Objeoti
to Berring on a Jurj,
ADVISES H1KI TO GO TO FUSSIA 0H TURKEY
Resolution to Repeal Exemption Laws
Bothers Both State Federation of
Labor nnd Rrtnll Grocers'
Association.
(From a Staff Correspondent )
DE8 MOINES. June . (Special.) In a
letter to a Juror drawn to serve in the
federal court In Davenport. Judge Smith
Mcpherson practically says: "If you hsve
conscientious scruples against serving on
the Jury go to Russia or Turkey where
they don't have Juries." Frank Kelley
was drawn to serve on the Jury at Dav
enport and wrote to Judge Mcpherson, ssy
ing that he had scruples against such
service. Judge Mcpherson refused to ac
cept the excuse and says: "If you are
opposed to our system of government, a
part of which is the trial by Jury in certain
cases, then you should move to Turkey,
Russia, or some country where Jury trials
are not allowed and where you will find
your ideal government."
Will Condemn iJind.
Notlficstion has been given the State
Railroad commission by the Rock Island
railroad that It desires to condemn cer
tain land in Washington county for the
purpose of straightening Its tracks. The
commission has set June 20 at Brighton
as the date for having the hearing.
Census Appropriation rbort
There are fears now that the appropria
tion of the legislature to take the state
census will not lie sufficient for that pur
pose. The appropriation wus $15.00o and the
clerks have weeks and weeks of work
ahead yet in the tabulation of the figures
and the appropriation Is very materially
reduced. The cost of taking the census
Is borne by the counties and taken by the
assessors. The tabulation Is done by the
appropriation of the legislature.
Chloroformed nnd Robbed.
Mr. and Mrs. Henry Kunkle of 407 South
east Sixth street were chloroformed and
robbed of S2R and their house all but
burned down last night. The fire depart
ment was called to put out a fire and on
entering the house Mr. and Mrs. Kunkle
were discovered to be unconscious from
chloroform. They are elderly people. Mr.
Kunkle being a veteran of the civil war.
They were revived.
Motor Plant Coming.
It was announced today that arrange
ments are all but completed for the re
moval of the St. Louis Motor company
to this city. Negotiations have been on
for some time.
strife on Both Sides.
Both the State Federation of Labor and
the State Grocers' association are having
trouble over the agreement at the Council
Bluffs convention to repeal the exemption
laws. The laborers' wages are exempt for
ninety days and the professional man's
always exempt. It was agreed that all ex
emption laws should be repealed. The
laborers think the legislature will never
do this and so think they gained la get
ting the return promise of the grocers to
support child labor legislation.
Andltor Pnrrhnses Home.
Auditor B. F. Carroll today concluded
the purchase of the Captain Twombly
projierty at 1330 East Ninth street. He
will move to the residence at once. He
states that the purchase is much in the
nature of an investment. Auditor Carroll's
home is at Bloomfleld.
Lawson nt Missouri Valley.
Governor A B. Cummins has received a
telegram from Thomas Lawson of Boston
stating that he will speak at the Missouri
Valley Chautauqua, July 12. The people
of Missouri Valley were very anxious to
secure him and enlisted the assistance of
the governor with success. From Missouri
Valley Lawson goes to Minnesota. He
will speak in Nebraska, Kansas and Mis
souri before coming to Iowa.
Musicians Have a Grouch.
The state music teachers today elected
diaries' Grade of Muscatine as president,
Mrs. Grace Clarke DeGraff of Des Moines
vice president and Rev. Charles Bohn of
Mason City secretary and treasurer. A
resolution thanking the Plymouth church
for the UBe of the church and organ for
the organ recital last night was voted down
because it was claimed the organ was
not in good condition, a resolution to thank
the Toung Men's Christian association for
the use of the auditorium was refused
because the auditorium was dirty, annthor
to thank the Savery hotel was refused
because the hotel was paid, and finally the
convention refused to oome to Des Moines
next year, though this was the only city
that asked for the convention, and voted
to go to Grlnnell.
Christian Jubilee Convention.
Addresses by Governor Albert Cummins,
Mayor George W. Mattern and Rev. T. J.
Dow, pastor of the East Des Moines Church
of Christ, formally opened the Iowa Chris
tian Jubilee convention at the University
Place Church of Christ tonight. Responses
to the addresses of welcome were made
by Rev. H. J. Palister of Delta, Ia.
The sessions of the Women's Christian
Board of Missions concluded this after
noon. The board subscribed S3.5II0 toward
a hospital in Mahoba, India, to be known
as the Iowa hospital.
the Japanese tongue. "Before this Russo
Jsr contest began." he said. "1 didn't have
a single pupil receiving Instruction in the
Jspanese language; non I have forty-two
of them, and they are under the care of
two Japanese instructors. As for Russian,
the war does not seem to hsve aroused
any ambltloi in our people to learn toe
language. I have Just seven pupils In mj
Russian class at present "
SUPREME COURT SYLLABI
The following opinions were filed June R.
1:
i2Sl'7 New C'nisha Thomson-Houston
Electric Light Comjuuiy SKUInst Icnt fc.r
ror from ImuRlas eoumv on rehearing,
former Judgment adhered to. Holconili.
1 Whether plaintiff s Intestate, an experi
enced lineman with telephone and telegraph
wires, hud such knowleUgc and rxipvnctioe
rcsiectlug the handlitic of wires charged
with heavy currents of electrlcltv and useU
for lighting and power purposes and of the
character and piiahilit) ot the Insulation
thereon as to Its being brittle and liable to
break when twisted In fastening because
of age and wear and nhetbei he acted
without due care and caution under the cir
cumstances and was chargeable with con
tributory nerclipence. held not to lie so con
clusively proved ns thst there is no reas
otialiie chance of different minds leaching
ulrierent conclusions, and to have been
proery submitted to the Jurv for its de
termination tai An employe assumes only the risks
arising from the appliunces and material'
to be used by him or from the manner in
which the business in which he is to take
part is conducted, when such rinks lire
known to him or are apparent and obvious
to jierson of las experience and under
standing Utuon S. 1. Co. against lioodmau,
oi Neb., las.
3 'i'ether or not the eniplove exer
cised due care and caution i looking lor
breaks In the insulation on the wire he was
working with and fastening, and whether
he wua guilty of contributory negligence In
respect thereto, held, under me evidence to
have lieen protwvly submitted to the Jury
lor Its determination .
(si A break occurring in the insulation on
the wire which wus being handled und fttBt
eiied around a glass msulutor bv the pluin
tltTs Intestate, is not kti open and obvious
defect notice of which will be imputed to
him where, under the evidence there ex
ists reasonable ground for difference of
opinion as to his being able to observe
such break In the ordinary wav and with
out making an extra effort sperm II v lor
Hie purpose of ascertaining the condition of
the insulation where the break occurred
alter the wire was fastened.
. The rule announced in New Omaha
1 homson-Houston Electric Light Company
against : Rom bold. Neb.. AT. N. W. 1(6. on
the evidence In that rase as to the duty
or a lineman of an electric light company
to inspect wtres with which he was work
ing to discover delects held, not appli
cable to the case ut bar and the case cited
is therefore distinguished.
(a I The Judgment of affirmance hereto
fore entered, New Omaha Thnmson-HouB-
K'rKaT'v-1' 'KliI.Co'm'anl Pat Ierit.
Neb., tel. N . W Bif). adhered to.
13502. Chicago. Rock Island & Pacific
Railway Company against Kerr. Brror
from Douglas. Affirmed. Holcomb. C .1
1. Vlhere a tietition is for the first time
assailed In this court because of Its al
leged failure to state a cause of action its
allegations will receive a liberal construc
tion with a view of giving effect to the
pleader s purpose, and. if possible, sustain
the petition.
a.) A reviewing court will hot only lib
erally construe a petition thus assailed In
order to uphold It if possible, but will view
It in the light of the entire record, and
where, from the nature of the answer and
the testimony adduced. It appears that
both parties hsve placed the same construc
tion on such petition, this court will not
Ignore such construction In ruling on the
Sufficiency of the petition, even though the
petition standing alone might not admit of
such construction.
(b.) A defective or ambiguous petition
may be aided and its infirmities cured by
averments in the answer. Bebee v. Lati
mer, fill Neh.. 0fi.
(c. ) The petition in the case at bar ex
amined and when construed In the llpht of
the entire record and under the rules above
mentioned held to state cause of action and
sufficient to support a Judgment in plain
tiff s favor.
2. The master is liable for the acts of his
servant within the general scope of his em
ployment while about his master's busi
ness, though the act lie negligent, wanton,
willful or malicious.
(a ) Evidenue examined and held suffi
cient to support s verdict In the plaintiff s
favor and to show that the acts done by
the servant, which are complained of. w-ere
within the general scope of his employ
ment and authority, and in furtherance of
the business and Interests of his master.
13il3. Sheeliiey against Hurley. Lrror
from Dixon. Affirmed. Sedgwick, J
1. The statute allowing a public officer a
fee of 25 cents for "euch certificate and
seal" does not contemplate that the offi
cer must formulate a statement of facts
to which he certifies. If he ujkui request
performs such service he will Is? entitled
to reasonable compensation therefor. The
Tee allowed by the statute Is fot tht Bet
of perilfvltig tn the paper and affixing his
seal thereto.
2. The rlerk of the district court cannot
le required tf searrh the rer'rds his
office to ascertain tint Hens, if snv. exist
ssiilusl land decrtM.d m an shmract of
tttie snd make and enter upon the sbstract
s compilation snd statement of the result
of such senrch If hr perform such serv
ice he is entl'led to a reaeonsbie compen
sation for makinc such statement snd en
tering It Upon the sbouact He Is not en
titled to a fee for making a search of his
records necesaarv to the perfo'nance of
another service "to which a fee Is al
tuc hed."
t per. !m Cobbev s Annotated Statute.
IMC. prescribing a penalty fur taking illegal
fees by a public officer Is highly penal.
In an "action to recover such iehBlty If it
Bppciirs that the fee received was exacted
by the officer ftr services that he was
not retitilred to render as such officer, and
for which be was entitled to reasonable
romjwnHaTion. torethcr with other sere
ices for which It would hsve been Illegal
tt. exact a fee. it will not he presumed (In
the slisenee of proof up.m that point i that
the fee exacted was more than the sere
Ice, for which he was entitled to compen
sation, wus reasonably worth.
i:m Knight sgnlnst lmcsster County.
F-rror from Lancaster. Affirmed. Ames, C.
I 'I vision No 1
The set of April 1. 1R01, entitled "An art
lo amend section W of chapter a. Compiled
Statutes, lie, and to rejeal said sections
now existing" Session Lsw. chapter si,
page C3. is void, because the matter sought
to !e added bv amendment is Hot germane
to the subject of the section as enacted.
j CHEAP
EXCURSIONS
VIA
26.75
Round Trip Rat from Omaha
ASKT'KY PARK, N. J. a m
On nab? June 2" 1o July 1. wfa IU
BALTIMORE, Md. 0 JC
On gale July 2 to 4 i)L,Li
BUFFALO, X. T.
On sule July 7 to 9..
riTTSBUKG. rn.- nc )c
On utile Aug. 1" to 18 A.J.L.U
Tickets to points Itelow on sale
daily, pood to return tinTll Oct. 51:
CHICAGO 20.00
ST. PAUL-MINNEAPOLIS. 12.50
MONTREAL, P. Q
NIAGARA FALLS, N. Y.
CHAI'TAUyl'A LAKE,
N. Y
PULUTII. Minn
42.85
41.50 1
4050
16.&U
MACKINAC 1.VLA.MI, M1CU25.75
DETROIT, Mich 84.85
lh: il s i.akl. n. i
ALEXANDRIA. Minn
BEMIDJI, Minn
SP1CER, Minn. iGreen
Ijike)
MINNETONKA BEACH.
WATER VILLE. Minn.,.
CLEAR LAKE. Ia ,
OKOBO.TI LAKE, Ia
WATERIXiO. In
CHEROKEE, Ia
In addition to above.
rurslon rates to many other points in
Minnesota. Michigan. Ohio, Indiana,
Pennsylvania. New York. Massa
chusetts. Maine. Canada etc.
delightful steamer trine from Chi
cago or luluth and the Great Lakes
and Bt Lawrence River. Bt earner
reservations made In advance.
Coll on or write me about your trip
and I will cheerfully give you com
plete Information regarding rates,
routes, connections, etc.
W. II. BRILL.
Diet. Pass. Art. I. C. R. H.
14412 Farnotu Ut, Omaha, Sjefe.
19.45
15.25
16.05
15.35!
131
10.50
-.10.70
9.95
11.85
6.85
special ex
it eo pea Cracker Pleat.
6IOUX CITT, la., June 13. (Special Tele
gram.) The National Biscuit company,
which closed Us plant here about two
years ago, has secured an option on two
pieces of property and It is understood It
will build a new plant and reopen business
here.
If you have anything to trade, advertise
tt in the For Exchange column at Ths Be
rant ad pa.
SUNSTROKE NOT ACCIDENTAL
Iauranee C ommisaieBer of ObIo
Rales tt Oat of AerlAeat
Policies.
Insurance Commissioner Vorys of Ohio
has issued a letter to all accident lnsuranoe
companies doing business in Ohio, setting
forth his ruling that death by sunstroke,
freezing, septicaemia and hydrophobia. In
asmuch as they may or may not result from
accidental causes, cannot be legally in
cluded in an aocldent policy.
The letter Is the result of the commis
sioner being asked to pass on the legality
of a clause in the policy written by a com
pany doing business in Ohio, tn which
desth by sunstroke was called an accident.
Other companies desired to incorporate the
clause. He made a searching study of the
causes of sunstroke.
Sunstroke comes from the overstimulation
of the heat center in the brain, and Is
caused by the body heat being maintained
at a high point during a number of hours.
The affliction gets its nsme from the fact
that the victim falls suddenly. If sunstroke
was declared an aocldent apoplexy would
be tn the same class, Mr. Vorys says.
The Investigation revealed the fact that
sunstroke, contrary to popular belief, comes
often In the night, when the sun's ray Is
hid by the earth. Chicago Inter Ocean.
A Boobs ta Jamaica.
A teacher of lunguages says that the war
In the fax east lias given a great boom to
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