Omaha daily bee. (Omaha [Neb.]) 187?-1922, August 03, 1905, Page 9, Image 9

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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.
LeflVrt's improved toric lenses givo satis- I
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.,
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
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
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
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,
a i-$-$--is-r-
C28 PEARL ST.rB,,1'
Lay Attanoaut U Oaatrao.
passing on ditch claims
Joint Board of uperiiors Put in Dtj at
tbe Work.
Some Who Fall to File Claims In
Time Come In and Ask Da manes,
bat the Claims Are
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
I V0
Jane ITIcki
J. J. Kennedy
I 100
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,
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
II. Butler 2-Ji
D. J. Hutchinson
J. W. Squire ....
A. D. Annls
B. W. Carlisle.
E. Cole
N. C. Nelson.
J. B. Baarnard 300
Holland & Bolln.
Bridget Irwin
Mrs. Bird
Phlla Hinds
Charles Wheelock .
Charlotte Ixicklng
M. II. lXiCKlng
Henry Elth 75
F. W. Meyers 125
Fred Unmack
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
L. L. Rlsetter..
C. A. Vlncenx 125
O. B. Young.
James Coulthard
F. E. Allen 123
Harry, O. O. and B. Shirley
w. i. Burke..
T. F. Klehler.
W. J. Green.. 240
Anna A. Coll 350
II. M Reel .
A. J. Fosdlck
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 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
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
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
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-
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-
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
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
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.
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.
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.
Carelessness of Garbape Hauleri is Making
Much Trouble.
Efforts to Clear the Bis Dart Hare
Failed So Far and Condition la
Getting; Worse Every
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 !
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
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
Mrs. H. O. Klddoo Is entertaining her
brother, J. U. Dodson, and family of Joy,
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
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.
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
"Oh, fine; Just the finest kind eh er
what did you say?"
"Make it a pony."
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.
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
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
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.
Bennington. Beard of Inquiry to "faM Up"
Ketpoisiliii'.j for Accideit.
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 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.
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
'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
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.
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.
We uae our own nans
In our business; oi
know who you are to ing
bualneaa wttk.
Censultatlea Praa.
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
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
ner of ltth and Douglas. Omaba, Nso.
Find a
Every thiiiK you have
to sell Is wanted by
atmicliody If prlot and
quality 1m right. A
Hee Want Ad will
find the customer.