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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 3, 1905)
Tf 1 K OMAHA HAILY HEK! THUKKilAY. At'UUST 3. IJKKV CURRENT COUNCIL v MMOIt MESTIOS, Pavls sells drugs. Stockert Bella carpets. Plumbing and besting. Blxby A Bon. Pra. Woodbury, dentists. JO Pearl street. Woodring-Schmldt. undertakers. Tel 33. Borwitk, 211 8. Main, sella pictures. Tel. 3. LeflVrt's improved toric lenses givo satis- I -action. 5W. N. Merrltt of Fort Iiodge la a guest JrZl Din riranrf W. N. Merrltt of Fort Dodge, Is a Burnt at tha Grand. George W. Holton of Des Moines, la a Council Bluffs visitor. Evans laundry, 622 Pearl. Lowest prlcea. best work. TeL 2$o. Mora Hiawatha, flcturea at 15c and 3io. C. E. Alexander, ii Broadway. Fall term Western lowu college open August VL, Bend lor new catalogue. Duncan. 23 Main St., guarantees to do the best shoe repair work. Otve him a trial. Abe Lincoln Relief corps will meet in regular session Friday afternoon at Grand Army hall. Dr. Luelia 9. Dean, hnmennafh rfinp.iHaa of women and children. Koom 2, ilrown Hldg. Tel. ttm. The case against L. R. Beck, charged with discharging firearms wlthlu the city limits, has been diainlsaed. Wanted A arnall faintly place, of two or three, to do general housework. Address B, Beo office, 1U Pearl atreet. Governor Cummins waa In the city Wednesday morning en route to Glenwoou. lie remained only between trains, stopping at tha Graud. United Htatea Judge 6mith Mcpherson of Red Oak was In Uie city on United Btatea court business for a short while Wednes day, returning to Red (ink in the evening. The South Omaha Ancient Order of L'nlt'd Workmen band and other tnernlers of the order made a trolley visit to Council Bluffs Wednesday, In the interest of the Workmen carnival at South Omaha. Will Huntington, European agent for the Wella-Fargo Express company, and Charles Huntington, a New Vork representative for the same company, are visiting Council Bluffs' relativea and friends. All members of Abe Lincoln post No. are requested to be at post heauquarleia at 4 p. ni. to attend tb funeral ul Com rade 8. II. Craig. All comrade soldiers and sailora are invited to attend. The Dodge Ught Guarda departed Wednes day morning for the male National Guard encampment at Des Moines. Tiih company comprises a force of Ikily-tliree members, exclusive of the vfllcers. William Meyers of Lincoln is defendant in a suit in Justice Gan.inoi's court, brought to collect a actual claim ot -6. the suit . originated from Davenport, and la brought by Attorney Thomas Martin of Davenport. Sfc- Justtce Field officiated at the marriage J9 P. C. Margard and Sylvia K. Thomas, i Walter I. Judah and Matilda A. Shepherd, I I , . I, .1 ' I ' L 1 'f wi wi viiiaiin, kiiu a noiiiaa . xrjina.111. and Lisle May Waidron ot Louisville, Neb., Wednesday. Tha case of J. Miller, charged with re luting an officer, has been taken from Justice Gardiner a court on a change of vunue to Justice Fields' court, 'the trial was commenced Wednesday afternoon and a continuance taken to Friday, August 4. Philip E. Wareham, who made an at tempt on his life by cutting his throat several months ago, and who nas since been a patient at tit. Bernards hospital, was taken to Lincoln, Neb., Wednesday, lor oatment in the sanitarium there. lie is accompanied by Mrs. Wareham. ' A large delegation of Omaha colored people aiteuU"u the Emancipation Duy picnic at the cnlon Driving park Wednes day, in view oi the day being known as Omaha uay. The picnic began Tuesday and about all the colored people of Coun cil Ululia were In attendance on both days. Mrs. Ella Peterson, wife of C. B. Peterson, dicu uc ii. e uenerai hospital Wednesday evening of apoplexy, alter an illness of six days. Shu was 64 years of uge and Is survived by her husband and on son. Tho funeral services will take plucu from tho Second i'resbyterlan church at 2:40 p. in. Friday. Interment will be in Walnut 11111 cemetery. Joe Martens, a young fisherman, claims to have been held up and robbed ot II. U under the persuasive influence of a pistol, by two men near the Illinois Central tracks on Avenue II, Monday nlgnt. Martens was returning from a hsulng excursion, riding his wheel. He was unabie to give anytnlug move than the most vague uescrlption oi the holdups, hence no arrests. The Great Western has tiled a motion In the superior court to set aside the de fault Judgment rendered against It and in favor of O. J. McManus lor damages in cident to the delay In the transmission of his goods and belongings to Canada. The petition alleges that the delay did not oc cur on lta line, and that tne papers in the case hava been In the possession of one of the other Interested companies until within a few daja. The miscellaneous collection of fancy dress goods recovered Monday near the wIibni riiev hiiii been burled. has been positively Identllied as the prop eerty of the Bridgets. The Identification waa made by Mrs. Gaaton, who had aa elated Mra. Bridget aa-a seamstress but a lew days 'before the fire. Mrs. Gaston waa ona of the witnesses for Mr. and Mrs. t nameo. . .- T.T . .. - . . -' vserissiioa . j The statutory provision regarding com f pulsory vaccination and tho duties of . school boards and boarda of heaitn tnere under la having lta usual airing by oppo nents of the scarification procesa. An .niAnmunt waa filed Tuesday to the nriatnal netltlon In the caae of Canning S ggalnst the Council Bluffs Board of Edu cation and Board of Health, wherein it ia held that there being no epidemic now "prevalent In tho city that no lawful au thority exists for enforcing the compulsory ' vaccination law put Into effect In thle city last spring requiring an scnooi cnu dren to be vaccinated. The amendment will be the chief fea : ture of the arguments when the case comes up for hearing In September. Playgronnd for Children. Tha DeLong Mission No. 2. at 1030 Avenue K, Is to be Improved by the addition of a children's playground. Henry DeLong haa purchased the lot adjoining the mission on the west, and will have It graded and fenced for playground purposes for tha children of the mission. Mr. DeLong states that the Institution will become the property of the city when It ceases to be a mission and It Is to be stipulated that the ground shall be used perpetually aa a children' playground. Tha work of preparing the ground will begin September L ( GOVERNMENT NOTICES. CHIEF QUARTERMASTER'S OFFICE. Omaha, Nebraska, July 29, 1906. Sealed proposals, In triplicate, will be received here until 10 O'clock a. m., central atandard time, August 21. 1, for dlslnterlng. boxing and ireparlng for shipment, approximately one hundred and seventy-five (176) remains, and a like number of headstones, at Old Kort Hays cemetery, Ellis county, Kansas 8pee lflcatlons and full Information furnished on application here. Envelopes containing pro- 1osals to be marked "Proposals for disln erlng remains," and sddresntd to Tllna. BWOHE, Acting Chief (Quartermaster, Omaha, Neb. Al---4-Ui-l CONSTRUCTING QUARTERMASTER'S Office Omaha. Neb., August 1, l9oC. Sealed proposals, In triplicate, subject to tin, Luiiuiuuiw, wit, w i.Lcnm iiri until 10 o'clock a, m., central standard time, August 21. lKVi, for an electric light- ;ng system at Fort Omaha, Nebraska ul! information furnished on application jfR this oftica where pluns and specifications may u awn. 1 ropont&ia iu im inarKea. "Proposals for F-lacltic Lighting System, etc.. at Fort Omaha, Neb ," uud addressed to Major M. OHAY ZALINSKL Construct ing Quartermaster, Army Building, Omaha, Nebraska. a i-$-$--is-r- LEVVIO CUTLER MORTICIAN C28 PEARL ST.rB,,1' Lay Attanoaut U Oaatrao. NEWS OF IOWA BLUFFS passing on ditch claims Joint Board of uperiiors Put in Dtj at tbe Work. GENERALLY FOLLOW APPRAISERS' REPORT Some Who Fall to File Claims In Time Come In and Ask Da manes, bat the Claims Are Ilejerted. The Board of Supervisors of Pottawat tamie and Harrison counties were In Joint session all day Wednesday, considering the report of the special appraisement com mittee, appointed to a.ssesa the damages rustained by the property through which the Joint drainage ditch pAJses. The Joint board very generally followed the recom mendations of the committee, changing them only In a few Instances. The rule was adopted at the outset to ap prove no claims for damages where the property waa not touched by the ditches, and allow damai only for such claims where property was actually taken for ditch construction. A number of lielated claimants came be fore the board to secure an allowance of damages who had neglected to file their claims within the statutory limit through carelessness and neglect. In some Instances the claimants admitted that they had ample notice to file their claims, but had failed to do so through carelessness. The board was of the opinion that the belated claimants had slept on their rights, and no action was taken by the Joint board for their relief. It is possible that some tangle will yet arise out of these cases, as It Is shown In several Instances that considerable valuable property will have to be appropriated for which no compulsory damuges have been provided for. , Claims Allowed. After allowing the following list of claims the Joint board adjourned until 9:ivt Thurs day morning: Appraised by ;.. !oo.-,i Committee I V0 Jane ITIcki J. J. Kennedy I 100 40 1"TH 420 286 Rosenthal & Kloke im H. D. Meech 4"o 8. A. Halght ai A. L. Mcintosh 1K5 L. A. Mh" 1,2110 G. F. Hopkins M5 J. 8. and J. K. McGlven, trustees igg Missouri Valley Real Estate and Investment company.. 120 Frltx Mondelko 100 J. P. Morton po J. A. McVey 250 J. 8. Dewell JIB A. J. Gllmore loft C. W. Haines ino Ethan Cole 400 J. J. Ford lrtO J. J. Kune M. 645 A. R. Smith et al isn W. R. Smith 153 A. 8. Jones 204 R. T. Wright 109 R. A. Wright 235 O. P. Malsl 101 1. N. Jones 101 Sumantha P. I Jeter 95 j 3, 1R5 186 168 100 150 150 Zfi 150 150 150 4(10 160 545 150 153 2o4 SO 235 I'd im 95 T 56 240 "6 840 250 18 315 60 4K0 2-Ji D. H. Moss B25 Luclnda Wilding 66 H. L Aldredee 240 David Roberts 76 H. P. Lewis 340 J. A. Mattock 2(10 School district, township of nooKTora is F. H. Whlttaker 31R L. F. Friend 50 D. Searles 490 II. Butler 2-Ji D. J. Hutchinson 1"0 1(K) 1S5 200 600 800 200 200 60 70 60 60 160 66 66 125 30 30 250 70 60 60 25 100 100 40 25 60 200 125 180 60 12ft 8"0 loo 240 ;) 350 60 10 125 J. W. Squire .... 1K5 200 200 7 A. D. Annls B. W. Carlisle. E. Cole N. C. Nelson. J. B. Baarnard 300 Holland & Bolln. 20) 60 30 60 60 300 66 Bridget Irwin Mrs. Bird Phlla Hinds Charles Wheelock . Charlotte Ixicklng M. II. lXiCKlng Henry Elth 75 F. W. Meyers 125 Fred Unmack 30 30 F. A. Schwertley F. W. Schwertley D. Fttzglbbons L. J. I'mbach J. J. Kennedy L. J. Umbach C. A. and L. J. Vlncenx.. O. G. Boyton J. W. Tlerney John Niece D. Coulthard 2S0 70 50 SO 25 100 100 44 25 50 L. L. Rlsetter.. 200 C. A. Vlncenx 125 O. B. Young. WO James Coulthard 60 F. E. Allen 123 Harry, O. O. and B. Shirley 350 w. i. Burke.. T. F. Klehler. loO 240 W. J. Green.. 240 Anna A. Coll 350 II. M Reel . ft) A. J. Fosdlck 2V5 C. Wilson 150 Total 14.641 At the meeting of the Joint board Thurs day morning the flrst thing In order will be the selection of the engineer to locate the drainage ditches, and the appointment of a commission to assess the benefits to be taxeTl by the beneficiary property of the drainage district. Doings la District Court. Joseph M. Flynn against James Delanty and Albert A. Dora Is the title of a suit tranaferred Wednesday to the district court from tho superior court. Action Is brought for an accounting. George L. Wilkinson has brought suit In the district court against Fred Foss for $5,000 damages, said to have been sustained from an assault committed on htm by the defendant. The assault waa made at Neola March 24, 1!6. Wilkinson Is postmaster at that place. The case comes to the district j court on a change of venue from the su perior court. Laura Children has brought suit against Charles E. Brewer and Carrie E. Brewer In the district court asking that a receiver be appointed to take charge of lot t. block 11, Burns' addition to Council BlufTa, and for the collection of certain Judgment notes obtained against the defendants. Clara J. tttejma haa filed a petition for divorce against her husband, Joseph S. Bejma, on statutory grounds. She asks the custody of their two minor children and that she be awarded permanent alimony. Louis Schiller has asked to be divorced from his wife Ella M. Schiller, on statutory grounds. They were married In 1893 and separated In September, 1900. Whist Tournament Friday, The summer meeting of the Central Whist association, to be held In Council BlufTa Friday and Saturday ot thla week, la exciting the liveliest lntereat among the whist players of this section. Assurances are received of the presence of fifty or more players from tha leading cities of the western part of tha state and elsewhere. Lincoln, Grand Island. Omaha. Sioux City, Kansas City and St. Joseph will send rep resentatives. Tha sessions of the associa tion will ba held at the Grand huul. N. T. Plumbing Co. Tel. 150. Night, F667. Refaaea ta Expedite Sale. I'nlted Slates District Judge Smith lie Pherson has decided to deny the request for fixing aq earlier date for the sale of the effects of tha Grceu C:ittle company of Kort Dodge. Tha sale of tha dclunvt tuu- 1 em's properly will therefore take place August 22, 1!V5. as originally directed by the United States district court. Real Ktate Transfers. The following transfers were reported to The Bee August 2 by the Title Guaranty and Trust romnny of Council Bluffs: Saiah H. Hart and J. V. Edmundann find wife to Henry F. Klelhorn, pnrt of lot 1. In l.lncuin I'luce, add. to Council Bluffs, w d....i $3,100 William Reed find wife to J. W. Ever- son. pnrt of lot 15. In block 4. in car son, la., w d William Heed and wife to Furnam Morris. Ift 6, In Losh's sub. of se w 2-7t-'. w d Charles T. Officer nnd wife to Emma Lauterwnsser. w4 of lot 5. in block t. In Prospect Place add. to Council Bluffs, w d Iowa Denoj.lt and Ixan company to Emma Lautorwiisscr, lot 6 nnd 4 of lot 6. In block 6, In Prospect Plnce, add. to Council Bluffs, w d Florence F. Everest and husband to E. S. Tlnnell, lot 22. In block 21. In RMllrnart add to Council Bluffs, w d 40 1.4M) 130 1,500 IS 8.000 275 900 Furnam Morris and wife to Clyde Kel ler, nw1 ne 31-75-39. w d William Reed and wile to Elwood T. Osier, part of lot 4. In Aud's sub. w4 ne4 swV, 2-7-4n. w d Scott C. Campbell and wife. Ida M.. to William Reed, lot 4 of Aud's sub. U ne iwV 2-74-40. w d A. G. Gilbert and wife to Sisters nf Mercy of Council Bluffs, part e nw -75-43. w d lZ.-'OO William Reeil and wife to Ueorije Stephens, pnrt lot 4, In auii s suo. W4 neV, sw. 2-74-40, w d ..... Sheriff Pottawattamie county to J. J. Stewart, lot 2. Aud's sub. ne1 nwV 27-75-43, sheriff d 350 1,006 Twelve transfers, total $24,355 No Contest Over Blar Lake. The visit of the Council Bluffs Park board with Attorney C. M. Harl to Pea Moines has resulted In assurance from Governor Cummins and other members of the state executive council that the state would do nothing to deprive the city of Council Bluffs of the use of the Big lake tract as a park. It was tacitly agreed that the Injunction which the city haa brought to restrain the secretary of state from selling a right-of-way through the park to the Illinois Cen tral railroad will not be resisted by the state. A like understanding has been had with the railroad company, and this Is evidence of the fact that the title of the city to the lake will not be disturbed for the present. Cbrls Peterson Held I'p, S-.I...I. rnn lli-lnff at 1 CUT AirnuA Tt 'claims to have been knocked down and robbed Tuesday night of about w in money and his watch and chain, at Thirteenth and Broadway. Theodore Worgua and Murty Seaman were arrested near the place of the 1 alleged robbery later by Detective Smith and were locKea up tor turiner investiga tion. The two had about Ka between them They claim to be Chlcagoans on their way to the wheat fields. The police authorities have reached the conclusion that Worgus and Seaman are Innocent and they will be released from ar rest. Chief Richmond Is of the opinion the robbery was done by local talent. Room for More on Excursion. Fifty-three members of tho business fra- ternity of Council Bluffs have signified their Intention of accompanying the Southern Iowa trade excursion. There Is still room for several more and Secretary Brooks Reed Is anxious to add at least seven more names to the roll. A special tourist sleeper has been procured for the Neola band which will accompany the excursion. All the newspapers In the towns to be visited are being supplied with abundant literature relating to tho coming of the host. ' - Marriage Licenses, Marriage licenses were issued to the fol lowing persons yesterday: Name and Residence. Age. Thomns A. Tennant. Louisville. Net Elsie May Waidron, Louisville, Neb 18 Peter E. Norgard, Omaha 6 Mrs. Sylvia E. Thomas, Omaha 60 O. Hoflne. Fort Wayne, Ind 23 Freda Magnussen, Omaha 18 Walter I. Judah, Omaha 33 Matilda A. Shepherd. Omaha 12 Arthur Kackley, Prlncevllle, III 41 Martha Calvert, Prlncevllle, 111 34 Drowns In Pall of Water, Marie, the 2-year-old daughter of Nels P. Franksen, a fruit grower at Elliott street and Broadway, was drowned by falling Into a pall of water at the family home Wednesday shortly before noon. The child was playing In the yard near the bucket and stumbled and fell In head first. Faya Cigarette Tax. The Central cigar store at Broadway and Pearl atreets, owned by Peregoy & Moore, wholesale tobacconists, walked up to the county treasurer's office Wednesday after noon and deposited the license fee of $75 for the privilege of selling cigarettes In the state o- Iowa for three montha. Needs of School for the Deaf. Superintendent II. W. Rothert of the Iowa Institution for the Deaf and Dumb haa filed hla biennial report with the atate authorities an3 asks for an appropriation approximating $106,200 at the hands of the next legislature. The following estimate of needs la made for the Institution: New boiler house and heating plant. $50,000; new dormitory and school room for the primary department. $20,0(0; fencing, $1,000; walk and roads, $5,000; blackboard, desks and furni ( ture, $1,900; cisterns, $3,500; wagon sheds and outbuildings, $4.uoo; dynamos and elevators, $9,000; tools and machinery, $6,000; removal and repairs, repair and contingent, $5,500 library supplies, $000. Glenwood Chautauqua Sueceasfnl, OLENWOOD. Ia., Aug. 2. (Special.) The program of the Glenwood chautauuuo. which opened last Friday, Is proving to be even better than Its most ardent supporters had hoped for. Every day haa been a auc cess. Among the chief attractions yet to come are an address by Governor A. B. Cummins, a lecture by President A. R Storms of the State Agricultural college ; a lecture by W. F. Gurley, and two enter talnments by Ralpth Bingham. Dr. N. D. Illllla, tha famous Brooklyn divlue, will lecture on Saturday evening, preach, on Sunday morning, and lecture on Sunday evening. Veterans to Meet at Macedonia. MACEDONIA, la.. Aug. 2. (Special. )-Th fifteenth annuul reunion of the Pottawat tanile County Veterans' association will be held here on August 16, 17 and 18. The program will be rendered by the following Mayor J. C. Rayborn of Harluin, A. John son, Colonel T. T. Anderson, Commander 8. H. Harper, Senator 8. Ollllland. Hon J. B. Sullivan, Henry Wallace, Hun. Walter I I. Smith and O. W. Egan. A balloon as censlon will occur every evening. The of- Wakefield's Blackberry 6a.lsa.rn Is a prompt and absolutely sure cure for diarrhoea, dyhentery, flux, cholera morbus, cholera Infantum, etc. It has been the leading summer complaint remedy for 59 years. An DrtusiaU AfiU IU fleers of the association are II. T. Bnrber, adjutant, and J. K. Oster, commander. Misdes Mta lianas Himself. MINPEN. Ia., Aug. 1. (Special Telegram) Chris Lunsu committed suicide here yes terday by hanclng. but the fact was not discovered until this morning, when a searching Irty found him hanging to a tree on the bank of Keg creek. Ha disap peared from his place of business yester day afternoon. He wss 29 years old and un married. He was melancholy on account of the belief he waa the victim of con- umptlon. MOODY TALKS WITH PRESIDENT Question of Changing laws Govern ing the Prosecution of Crimes la Considered. OYSTER BAT. I I., Aug. t Attorney General Moody, who came here yesterday to visit President Roosevelt, left today for Washington to give personal attention to the Investigations of the Agricultural de partment. Mr. Moody also discussed with he president a variety of other topics. The ecllnatlon of W. W. Cotton to accept the ppolntment of United States district Judge or the district or Oregon was taken up, but no agreement was reached as to a further appointment. Judge Cotton did not qualify after his appointment, simply Indl eating to the president that on account of his private business arrangements he found himself unable to accept the tender of the office. Mr. Moody said the president and he con- Idcred In a general discussion of the laws bearing on prosecutions In United Statee courts the necessity for amendments to the criminal laws of the United States. They agreed, he said, that congress ought to make certain amendments to existing stat utes, as the law under which the courts are now operating rendered It often difficult to reach a man who might be guilty of wrong doing. As an Illustration of this, Mr, Moody said It waa far more difficult to take man from one United States court's Juris diction Into another United States court's urlsdlctlon than It Is for the state of Maioe to get a criminal It wants from the state of California. Among the matters which the president and Attorney General Moody consldored was the prosecution of the meat packers under the Indictment In Chicago. The prose cution will be pressed vigorously by the government. WORD FROM SENATOR WARREN Wyoming; Senator Works for HIi State While Traveling; with Secretary Taft. CHEYENNE. Wyo., Aug. 2 (Special.) A cablegram was received today from Sen ator F. E. Warren, who Is a member of the Taft party en mute to the Philippines, stating that the senator will use his best endeavors with Secretary of W ar Taft to hove the troop stables at Fort Washakie rebuilt and also have that post made rer manent. It Is believed the secretary will seo tho necessity of establishing a perma nent post at Washakie, and that orders to that effect will bo Issued shortly. The Taft party left Nagasaki today, and waa accompanied by Mrs. Pershing, nee Miss Frances Warren, wife of Captain Pershing of the United States army, who Is on duty with the Japanese army In Man churia. Mrs. Pershing will visit somo time In the Philippines. NOT UNANIMOUS OVER DITCHES Some Insist the Slpnghs Are Benefit. ', VERMILLION, S. D Aug. t. (Special.) Membera of the county boards of Yankton and Clay counties put In -a atrenuoua day yesterday hearing arguments for and against the construction of drainage ditches on the Missouri bottom to arry off surplus water that may come from overflow or heavy rains. Many farmers-from both aides of the county line were present, and the majority registered a kick against the pro posed ditches as outlined by tho petitions signed by F. H. hlttaker and others Some ot these against the proposition were of the opinion that the cost of construction would greatly exceed the benefits to be de rived, while others thou ' the plan not feasible for the reason t.iat the ditches could not be built so as to drain the bot tom properly. Some even went so far as to say that they did not want their land drained at all aa the sloughs when full of water were a great benefit to them In dry years. One ianxion county iarmer cuumeo. that in 1S94 when most farmers were hard hit on account of lack of moisture he raised fifty bushels of corn per acre and seventeen bushels of wheat, simply because tho cere als took moisture from the sloughs. The commissioners accepted the petitions and ordered a permanent survey made of the routes of the proposed ditches. Surveyor Vinton of Union county will do the work. SOUTH DAKOTA SUPREME COURT Opinions In Several Important Cases Handed Down. PIERRE 8. P.. Aug. 2. (Special Tele gram.) In the supreme court tiy opinions were handed don In the following cases: m Cnrvni' State of South Dakota, de fendant In error vs. Charles O. Bjolkstrom, plaintiff in error. Stanley, affirmed. Bjolk strom waa found giiilty and sentenced on a charge of horse flistling. and sued out a writ of error in tne aupieoie mun. ma trial court Is sustained and Bjolkstrom will have to serve nis sentence. By Fuller: mate 01 oum iiaima, pinin- tlff in error, vs. G. L.. birume, acrenaant in error. Moody, reversed. Struble as cash ier of the Bank of Egan. made a report to the state bank examiner, which waa charged to b a false report of conditions. On hla hearing In the trial court he de murred to the complaint on the grounds of the unconstitutionality ef the bunking law and the demurrer waa allowed. The bank examiner brought the case to tne supreme court and the lower court Is reversed, and the law held to be good on all the points attacked in the demurrer. State ex rel , Thomas W. Taubmann, appellant, vs. R. J. Huston, sheriff, Minnehaha, affirmed. Tab man, who conducts a newspaper at Plank lnton. was sued for libel In Minnehaha county and came to the supreme court claiming that suit for libel must be. In the county where the paper Is published. Supreme court holds that suit will lie In any county where paper Is circulated. Wil liam M. Harrison, appellant, vs. Jessie A. Smith et al., Minnehaha, affirmed. Loula Behaeffer, v. Peter Cremer, appellant. Turner, reversed. Iowa Fulls Manufactur ing company, appellant, vs. Percy Farrar, Turner, affirmed. City of Fort Pierre, ap pellant, vs. Eliza Hall. Stanley, affirmed. Rain Delays Harvest. HURON, S. D.. Aug. 2.-8peclaI.)-Whlle rain Is seriously Interfering with the har vesting of small grain In this part of the state, an Inch end a half of rain fell here Tuesday afternoon and evening. Much small grain Is ready for the sickle, and there la plenty of help to save the crop, but warm, bright weather la needed to com plete the maturing of wheat and put the fields In condition for the machines. An Oatraate. It's an outrage to tec your skin suffer without help, when burned or wounded. Vse Bucklen'a Arnica Salve. 25c. Fur aala by Sherman & McConnell Drug Co. Clark's Itoad to Get Coaeeaalons. BAN FRA.NS1SCO. Aug. I. Senator W. A. Clark's Bait Lake and Los Angelee rail riad. thanka to B. K. fiarrlmun'a half Interest in the property, is to get freight traffic concessions in southern California from the Southern Pacific compan. This is the final outcome of the conference be tween officials of the two roads, which have beeu going on In this city for the past two days and which have coma to a conclusion. This concession by the Southern Pacific means a saving to the Clark road of thou sands of dollars which otherwise It would have had to exepnd for switching tracks and fraitfht wartLeuava ot lta own. AFFAIRS AT SOUTH OMAHA Carelessness of Garbape Hauleri is Making Much Trouble. MAIN SANITARY SEWER BADLY CLOGGED Efforts to Clear the Bis Dart Hare Failed So Far and Condition la Getting; Worse Every Hour. The main sanitary sewer to the river Is stopped up at a point on Railroad avenue Just south of N street. Workmen In the , employ of the city tried all day yesterday to open the sewer, but were not successful. The man hole near O street Is overflowing and some cellars In the vicinity are being flooded. Engineer Real made an Investlga- tlon snd found tlio mnl,,,lD. a. f, , h ' v 1 ! flowing. An effort was made Wednesday afternoon to dig down and remove the debris, but when the sewer was opened the hole was filled with water to a depth of eleven feet. Other measures will be taken to open the sewer. President Adklns of the city council, along with the city engineer, found by Investiga tion that garbage had been dumped Into the manholes. When nn excavation was made, tin cans, refuse of all kinds, and even pony beer-kegs ware found In tho I sewer. More than likely quite n section of the sewer will have to be dug up and the sewer cleaned before the big pipe will be of any service. . In the meantime, those living or having business places on Railroad avenue are protesting emphatically. "You may say as coming from me," said Councilman Adklns, "that In the future any hauler of gartmge found dumping re fuse Into a sewer will be arrested, and If guilty will be heavily fined. If the present ordinance Is not strong enough an amend ment can be made. This practice of haulers of garbage using the city sewers for a dumping place must be stopped." Enforcing: lllejcle Ordinance. Chief of Police Brlggs has been In structed to enforce the ordinance which prohibits the riding of bicycles on side walks within tho city limits. In this con nection the chief said that the ordinance Is being violated every day and that steps will lie taken to put a stop to riders of wheels using the sidewalks. Tho chief said that he wanjed to give every one a fair warning before directing patrolmen to make arrests. Death nf Frank Treka. Frank Trcka, father of Mrs. Frank Koutsky, died at his home at Crete, Neb., Wednesday morning. The deceased was one of the early settlers In the vicinity of Crete, where he engaged In farming for years. At the time of his death Mr. Trcka waa a little over 65 years of age. Mayor Koutsky and wife left Wednesday after noon for Crete to attend the funeral. Yeor'a Rnlldlntr Permits. Building Inspector Wlnegard has sub mitted a report to the mayor and city council giving the number of building per mits Issued for the fiscal year ending July 31. The permits numbered 2S7 and the amount la given as $336,7S5. The Updike grain elevator. Just completed, paid on a permit for $50,000 and the Armour com pnny paid for a permit of $7,000 for the big smokestack which Is nearly completed. Cudahy's secured a $6,000 permit for an addition to the soap factory. The bal ance of the permits were mostly for dwell Inss. Property Owners Meeting;. This evening property owners In the east and northeastern portions of the city are requested to meet at Fltislmmons' bar ber shop, Twentieth and Missouri avenue, to talk over Improvements. It appears to be the desire of the property owners In this section of the city to secure the grad ing of Nineteenth street from H street to Missouri avenue and also the opening of I street from Fifteenth to Twentieth street. All Interested In these improve ments are requested to attend this meet ing tonight. Sanitary Inspector's Report, Frank E. Jones, sanitary Inspector, has filed his report for the fiscal year ending July 31. During the year cases as follows were reported: Scarlet fever, 81; small pox, 16; tuberculosis, 1; measles, 1. Three deaths from scarlet fever were reported and one from tuberculosis. Over 450 no tices were served to clean up premises. Fees for Issuing milk, dray, peddler and garbage llncenses amounted to $1,358. Thlsl money Is turned Into the city treasury. Want More Light. Business men on Twenty-fourth street from M to N street hove signed a con tract ylth the electric light company for block. Seventy-five lights will be strung on block. Seventy-five lights will be strng on each side of the street. This contract Is for six months. Only recently merchants on N street between Twenty-fifth and Twenty-sixth street entered Into a simi lar contract and the Idea seems to be grow ing. These lights burn from sundown un til 10 p. m. each night except on Saturday nights, when the current Is not shut off until 11 p. m. Dolan Sick and Sorry. William Dolan, arrested for shooting at his wife and later attempting suicide in the city Jail, Is sick and sorry now. The dope given him by Dr. John Koutsky Is working off and Dolan wants to be told about how it happened. He receives very little sym pathy from officers at police headquarters. At noon yesterday and at suppertlme last night Dolan was too sick to eat the Jail grub and wanted chicken broth and the like. Chief Brlggs told Dolan that he would eat the food furnished other prisoners or go along on a diet of Ice water. Mrs. Dolan has signified her intention of filing a com plaint against her husband. She told De tective Elsfclder that she wouljt be afraid to live with her husband and considered that the best thing for him would be to be put where he could not secure liquor. A complaint against Dolan will be filed In a day or two. Complaint Against Koslowskl. Assistant County Attorney Murdock wag In consultutlon yesterday with the heads of the police department and declared that he proposed filing a complaint agalnat Jo seph Kozlowskl charging murder In the first degree. This complaint Is to be flled within the next few days. In- tha mean- , No woman who uses ''Mother's Friend" need fear the suffering and danger incident to birth; for it robs the ordeal of its horror and insures safety to life of mother and child, and leaves her in a condition more favorable to speedy recovery. The child is also healthy, strong and good natured. Our book 'Motherhood," is worth its weight in eold to every woman, and will be sent free in plain envelope by addressing application to Df d U field ikiiuldtoi' Co. AUanta,Ga. time Kotlowski Is being held a prisoner at the city Jail. Henry C. Murphy is tepre Sentlng Kaalowskl and Insists that he will not waive a preliminary hearing. As the complaint has not been filed no dste has been set for the preliminary hearing. Magle Cltr Gosalp. This afternoon the South Omsha Library board will meet In annual aesslon. July shipments of feeder sheep were btrger than usual, the total being 27, iti head. Mrs. H. O. Klddoo Is entertaining her brother, J. U. Dodson, and family of Joy, 111. I F. Elter and wife left Wednesday morning for Colorado to spend a month at a mountain resort. Mrs. William Davis, wife of Assistant County Physician Dn Is, has gone to Ex celsior Springs, Mo., for a two weeks' stay. Captain James Brabblts of fire company stei.oed on his left foot .-,,. m ii:i. v. oicii nui lay mm oil uuiy lor 11 vtcea or two. The Workman carnival Is Jogging along, but the rain Wednesday prevented a lame 'attendance during the afternoon. The even ' Ing crowd was about the same as on Tuea- ln evening. J M. Fowler, day Jailer at police head quarters, has announced that he will be a candidate for police Judge this fall. Fowler was police Juilfee years ago, being elected by democrats. AT IT FOR THIRD QFIcENTURY Colonel Welch Completes Thlrty Seeond Year aa Maker and Dlapenaer of Weather. Weather Forecaster W eicn late Tuesday evening rapped off hUt thirty-second Joar as the chief custudlan of the breexes and hllxzards, the hot winds and the sand storms, at all times and on all occasions keeping In close touch with the almanac and the goose bones. . Colonel Welch has dispensed weather, good and bad. In many places, but Just how many the genial barometer Wednes day refused to tell, because he was too busy fllrtirlng up Tuesday's rain to look up the matter, and, besides, there are things he said which should be forgotten. ' When Colonel Welch came to Nebraska, In 1$S7 or thereabouts, people In the western part of the state knew not what rain was like, except as they heard of It In Missouri from some ot the Immigrants, but today he points with pride to the fact that Sheridan county last year had as much rain as Dodge and more, and that people have been drowned In the open prairie. This splendid condition of affairs Colonel Welch modestly admits Is due to his Impartial manner of handling the rain and letting It fall on the Just and the unjust alike. Easter hats and straw hats, It makes no difference to him. Colonel Welch sent his thirty-second year out with nice little imitation of a rain storm, Just to see If hit hand was still In, allowing 15 inches to fall In Omaha, with from one-half to three-fourths of an Inch over most of the state, while for a mo ment he Jumped into Iowa and gave to the Des Moines man 120 Inches to scatter over that state. In Bome portions of which two Inches fell. In fact, Colonel Welch said a right smart lot of ruin fell. Colonel Welch Is a man who Is always ready to answer a civil question. "You have been In this business so long, how do yiu like weather?" waa asked him. "Oh, fine; Just the finest kind eh er what did you say?" "Make it a pony." PROTEST AGAINST FLUSHING City Engineer Deelarra Thla Mode of Cleaning: Streets Dnmagrea tbe Asphalt. City Engineer Roscwater'a protest against the constant sprinkling of asphalt streets Is as follows: I deem it my duty to call the attention of the council to the damaging results which follow tho sprinkling of our asphalt paved streets. We have today about forty mues or aspnaii pavements m me city. which have cost us over J2.0o0.uo0. So large an Investment ought Certainly to warrant the city authorities in getting the best pos stole results from It. Asphalt pavements are simply one rorm ot artinclai sand stone. The cementing material, of which not much over 10 pel cent Is asphalt, has the remainder composed of sand and llmedust Sandstone when wet wears more readily as evinced by grindstones, than when urv The Impermeable nature of asphslt pave ments is sucn mat tne sngniest aepression even the twentieth of an Inch, will hold water and while In that condition wear away faster than when dry. That class of pavement In a majority of cities Is cleaned by sweeping and washed only during In tervals of rain. In the central business section of the city the raving can be kent clean bv dallv hand labor and much money saved by the increase of wearing capacity than by the practice of sprinkling, which only lays the ausi, oui ooes not Clean tne streets. therefore urge upon you such sction ns will remedy the evil complained of and add longevity to our aspnait paved streets. The city engineer opposes street flushing only because It is more expensive than other forms of cleaning, costing In Omaha from $30 to $35 a mile. It Is against the continual sprinkling that he Is urging an immediate change, however. CASKET FACTORY BUILDING Kew Plant of Double Capacity to De Erected at Seventeenth and I sard Streets. The Omaha Casket company, whose plant at Thirteenth and Grace streets was de stroyed by a cyclone In May, will erect a $40,000 factory at Seventeenth and Izard streets on ground recently bought by them through the real estate firm of llarrisod St Morton. Tenants In the four houses on the prop erty have been notified that they must leave. It Is expected to nave these houses moved or torn down In time that construc tion may begin by September 1. Tbe new factory will double the cafacty of the company.' Between fifteen and twenty men will be employed, where now only eight or ten are given work. It will be three stories and a basement and will be built of brick. Its Seventeenth street frontage, will be sixty-six feet and its I:ard street frontage ninety-nine feet. In addi tion an L shaped part will run back to the tracks In the alley. The building will be made strong enough that two more stories can be added at any time. Plana are in the hands of an arch ltect, Since the destructloa of the old factory the company haa been In temporary quar ters at Eleventh and Nlcholaa atreets. Its cperatlons here hava been of necessity very much handicapped. And many other painful and" serious ailments from which most mothers suffer, can be avoided by the use of "Motsirt Frle.a." This creat remedy is a God-send to women, carrying them through their most critical ordeal with safety and no pain. SIDESTEP ON THE REPORT Bennington. Beard of Inquiry to "faM Up" Ketpoisiliii'.j for Accideit. FINDS BOILER WAS NOT IN CONDITION Tweaty Yeara t ontlnnoua Strata Had Weakened the Resisting Tower of the rowa Sheet of Holler B. SAN FRANS1SCO. Aug. 2.-A special dis patch from S.in Diego, Cat., to the Call says that from an official source, the reli ability of which cannot bo Questioned be cause of Its connection with the Court Itself, It has Just become known what In suh stance will be the report of the court of inquiry now Investigating the Bennington disaster. It may lie stated authoritatively that the court will find that holler II of the Bennington exploded, not because ot unusually high pressure, but because tha tne tn I of the crown sheet and the bolts holding that crown sheet In place had be nmia ",l:i.l " lin.l l,t nil life and nearly all tensile strength by reason of constant use and the failure to renew the Weakened plsco dining the time that the Ill fated Bennington was In service. The court will not censure the officers of the Beni.lngton, but will pass up the matter and the responsibility to higher authority. CATTLEMAN'S J)AY IS PASSING Kehraska Rangers, Sna Alliance Man, Will Soon Re Thing of Past, Reennse of Uncle Sam. E. E. Ixwe. a cattleman of Alliance, wag In Omaha Tuesday nfternon on business and Inciderttnlly remarked that the days of the cattle men In Nebraska were about over as the government was certainly 1n earnest In making the cattlemen take dowa their fences ' which enclose goverrlment lands. 'Cattlemen have fenced over a million acres of government lanns, sain Mr. Ixiwe, "but the land Is not fit for anything but grazing. We can't lease the land from the government and the only excuse there Is for tearing down the fences la to allow the settlers to come In and go to farming. There Is not one ranchman in a hundred but who will help a settler who comes there to live. What I mean by that Is a bona fide settler. There are lots of men who come In there pretending to be settlera but who merely want to compel the cattlemen to give them money to gel out. Theae kind of people of rouree get hard sledding, but the bona fide settler will have no trouble. Now If the government persists In making ua take down the fences, and of course It will, then the size of the herds will ba reduced to at least one half. This because you see the cattlemen all have wind mills and by them water their own stock. The fences protect tho water. By having tha fences a cattleman can round up his cattle within a couple of days, while without the fences It will take him a couple of weeks. Of course I know the fences have to come, they are coming down now, but I think something should be sakl favorable to tha cattlemen." YOUNG MAN HURT BY TRAIN Falls Beneath Cars and Suatalna Com ponnd Fracture of Arm and Scalp Wound. While trying to board a Northwestern freight train near Florence Tuesday even ing Robert W. Collins, 22 years of age, from Lima, O., fell beneath the train and sustained a compound fracture of the left arm and a scalp wound. He was removed to Clarkson hospital, where his arm waa amputated below the elbow. He Is resting easily and no serious results are antici pated. Collins was on hla way to work ia the harveat fields near Stout City. Fitters A s 11 d d h n attack of Cramps, Vomitiii; or Diarrhoea is promptly cured by the Bitter?. Always keep a bot tle handy and you'll Eave a lot of suffering. Then it also cures Poor Appetite. Sleepless ness. Indigestion, Heartburn, Dyspepsia. Costiveness or Fe male Ills. Try it today. Avoid all substitutes. DOCTOR SEARLEO ' AND SEARLES We uae our own nans In our business; oi know who you are to ing bualneaa wttk. Censultatlea Praa. VARICOCELE HYDROCELE cured. Method new, without pain or Un of time. CHAKUEH LOW. PI drill 01 t)u curea ror nre, Boon every DLUUU lUiJUn alKn symptom (aoraa on body. In mouth, tongue, throat, hair and eyebrowa fulling out) disappear completely forever. Weak. Nemoas, Men fwr0Btm. nervous debllty, early decline, lack of vigor and strength. I'RINARV, Kidney and Bladder Troublea. Weak Back, Burning I'rlne, Frequency ot T'rinatlng, L'rlne High Colored or with Milky Sediment on standing. Treatment by mail It years OF 8U.1 CKSSFIL PRACTICE IN OMAHA. Co ner of ltth and Douglas. Omaba, Nso. Find a Customer Every thiiiK you have to sell Is wanted by atmicliody If prlot and quality 1m right. A Hee Want Ad will find the customer. Xa