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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 15, 1905)
5 ANSWER TO COODES'S SUIT IiecotiT Cutle of tbe Bojil Highlander! Qneitiont Conrt'i Jumdictioa. HELD STATE ALONE CAN INSTITUTE SUIT Attorney Boraett AtrincM Four tiroands of Objection to Petition 4 Then Mtkrt fttrongt De- AR-SAR-BEN NOT ECLIPSED OMAHA MEN AND THEIR HOODIES MEN'S PANTS that snld up to $4 reduced to Decline! to Oo Into Betirement Just Betiuie Moon Shades Its Face, MISSOURI PACIFIC NIGHT AT THE DEN laltlatloas Brlna- the Paid Member ship lp to Seven Haadred.aad Thirty-Five and Hostlers Jul (letting Baty, The greatest pants 1 buying ofiporttinity of the entire season Cm THE OMAHA DAILY TttlE: TUESDAY, AUGUST 13, 1005. 1 J eruTtraHSEsansa 8 i'Z si r- v v.. iv a ii fi mi fna The matter of the suit rf Dr. William F. Goodcn against the Royal Highlander! will come to ft hearing fn the federal court on August SO. At the time the order to show cause u Issued by Judge Munger. the hearing on the tame wai set for laat Thurs day, at which time it waa put over until Tuesday, August 15. The showing of the defendant I now ready for filing and when thla I done the plaintiff will have until Saturday to make a counter showing. Defendants, the Royal Highlander! and the members compelling the executive castle of the order, at the start raise question of Jurisdiction. It Is asserted that the court has no Jurisdiction, for the rea sons: (a) The amount and value In controversy In the suit does not exceed $2,000, exclusive of Interest and costs. (b) Bald complainant has an adequate remedy at law, as shown on the face of th bill of complaint. (c) Bald bill of complaint Is brought by complainant as a member or stockholder cf the corporation of the Royal Highland ers. State Alone Can BrlnsT Salt. (d) Bald organisation Is organised and doing business undrr the laws of Nebraska. The bill Is & collateral attack upon said corporation and Its right to exercise Its powers and franchises. The question touch ing the organisation of the association. Its plan and form of government, methods of doing business and the like, can be raised only by the state of Nebraska, and then only In a direct actlosy at law brought by said state for said purpose. The answer alleges that the executive castle has always complied with the law as to filing edicts and amendments: that the Order and Its affairs have always been under the control of the auditor of publla accounts, with whom all reports required by In w have been regularly filed; that there are now 20,000 members of the order, of which number 14,000 are In Ne braska., and that these members hold certificates ranging from 1500 to 13,000. It la expressly denied that Dr. Qooden holds the office of chief physical exam iner, or any other, In said order. There Is also a dental that the order has not a representative form of government, or that the most Illustrious protector or any Other of the chief officers have entered into any scheme to perpetuate themselves in office, or that they have conspired to loot or graft or to misapply the funds of tlis order In any way. Gooden Tarty to Action Taken. It la set up that plaintiff himself fnad and supported the motion fixing tbe sal arles he complains of and that he waa presenf and participated In most of the business transacted by the executive castle, Th answer further says no minutes have been unlawfully altered or destroyed, but are in fact preserved as adopted In reg ular form. Of the cause for the removal of Dr. Gooden from the office of chief physical examiner and the appointment thereto of Dr. Isaiah W. JIaughey, the answer al leges that Dr. Qooden was removed be' cause his work was careless and Ineffl dent; that he rejected mttiy good risks and keeeptod 'many' b4d Ones, and that there are hundreds of letters on file going to prove this charge. - On' the matter of making regalias the answer admits that some were made to order of members by the wives of chief sxeoutlve oQlcers, but it Is also set up that the wife of Dr. Qooden also made some of the regalias. Another strong point In the answer, In the view of Attorney Burnett, who pre pared the same. Is that Dr. Qooden now has an appeal pending to the meeting which he Is seeking to enjoin, from the action of the executive castle in removing him from office, and has served formal not lea that he will preas said appeal. Two Latest Aspirants. Jules Lumbard, the singer, and W. W. Mace, the undertaker, are the two latest candidates for public favor to file their ap plication to be. placed on the primary elec tion ballot. Mr. Lumbard wants to be police Judge and has tiled as a democrat. Mr. Mace would hold the Inquests of the county and tiles as a republican. CORDIAL INVITATION ADDRESSED TO WORKING GIRLS Mlsa Barrows Telia How Krm. Pink baa's aYdvio Help Working- Girl Girls who worli Irs particularly susceptible to fe rn s 1 e disorders, especially those who are obliged to stand on their feet from morn ing' until slfht la stores or facto ries, bar Id and day oat the rlrl toils. and she Is often the bread-winner ol the family. Whether, she Is sick or well, whether It rains or shines, she must get to her place of employment, perform the duties exacted of her smile and be agreeable. Among this? class the symptoms of female dlaeaset are early manifest by weak and aching backs, pain In the lower limbs and lower part of the stomach. In consequence of frequent wetttng of the feet, monthly periods become painful and .irregular, and fre osently there are faiat and aisey spells, with loss of appetite, sntll life la a burden. All of these symptoms point to a derangement of the female organ lam which can be easily and promptly eared by Lydia K. JPlnkham's Vegeta ble Compound. Miss Abby F. Barrows, Nelson villa, Athens Co., Ohio, tells what this great medicine did for her. fine writes : Dear Mrs.Ptnkuains "I fori it rur duty to tall you the good Lydia K rlukUaui's VugMitM Comtouud and It loud I'untlor hare dime fur me. Before I took thorn I was very nervous, had dull headaches, nalns in back, and monthlies were Irregular, I bad been to several doctors, and ther did me no good. "Your medicine has made me wall and strong. I can do tuuet any kind of work without complaint, and my periods are all nhi. ,4I am in better health than I ever was and I know it W all due to yoar remedies. I rm-aauueud year advsoe and aksdicwe to all who suffer. It la to such girls that Mrs. Pink, ham holds oat a helping band and ex tends a cordial invitation to correspond with her. Her long record of success In treating woman's Ills makes her let ters of advice of untold value to every ailiug working girl, aad from her wide experience and skill the quickly points the way to health. Her advice is free, and all letters are held by her U the strtcteat confidence. Address, Mrs, link Lam, Lyaa, Alans, term if 4 r W & j JJ-.y-. Iff I omaha '2. if C. F. M'GHEW Holding Down the Safe. AFFAIRS AT SOUTH OMAHA Ordinances Allowing Union Pacifio Im provements fused and Signed. NEW DEPOTS TO BE COMMENCED AT ONCE Toledo Firm Is Awarded the Thirty Fire Thousand Dollar Issue of Improvement Bonds, Belngr Highest Bidder. When the city council met last night, the three ordinances relating to Improvements contemplated by the I'nlon Pacific Rail road company were read for the third time and passed. Mayor Koutsky Immediately attached his signature to the documents. It was not without protest that these Ordinances were - passed. John riyno. speaking for the Commercial club of South Omaha, asked that the railroad company be bound by some pledge to commence work on the passenger station and freight depot within a specified time. Adktns, speaking for the council, asserted that the understanding was the work woilld start within a few days. Attorney Dundy, rep resenting the Union Pacific, said that ap propriations had been made before for Im provements In South Omaha and that the work had been held back by protests and the appropriations cancelled. He declared that If the ordinances under consideration were not passed at this time further dc las might be expected. Mr. Flynn then called attention to the report that the Union Pacific had In mind the disputing of the taxes for the paving of Railroad avenue. He wanted - to see this matter settled before the ordinances were passed. The council proceeded to pas the ordi nances and the railroad company Is now at liberty to commence making improve ments at any time. Next In Interest came the sale of $35,000 improvements bonds fur the paving of Missouri avenue. Five bidders were In vlilsnM mm , 1 1 . - . ( ...... .. VI " t J. L. Brandels it Bona. Omaha Premium of $1,201, accrued Interest and $luO for print- 1IM UIO UUItUI Hoehler & Cummlnas. ToledoPremium $1, 267.60 and $35 for blank bonds. Hayes A Sons, Cleveland Premium, $1,115 ccrued Interest and furnish lit hue blank bonds. Fuller A Co.. Cleveland Premium. ITim and accrued Interest. burety Savings bank. Toledo, hv Jihn Pale Premium, $787.60, city to pay $125 for blank bonds. Hoehler A Cummlngs, being the highest bidders, were given the bonds. These bonds run for twenty years and draw 5 per cent Interest. During the opening of the bids all of the electric Ughta In the business portion of the city went out on account of the breaking down of a large transformer which was injured by lightning Sunday night. Several lamps from Emit Brandi-ls' auto mobile were brought Into the council cham ber while the electrlo lights were out of service. The appralsors on the grading of Twenty third street from D to F sereets reported no damages and the report waa adopted. A special committee, appointed on the water rates, handed la a report and, the report was adopted. This report is to the effect that current rates are to be paid until the rate question is settled In the courts. Tbe 6non Pacific had two ordinances In troduced asking permission to run a spur In the alley west of blocks 10, IK 10 and tl and these were referred to the Judiciary committee. The Union Pacloc desires to secure trackage on the west side of the Peters stock food mill as the Burlington has a track on the eiat side. A meeting may be held some evening this week to complete some unfinished business. Deaot Plana Shewn. Blue prints showing the ground plans of the I'nlon Pacific pasaenger station and the freight depot were on exhibition In the city clerk's office last evening. The pass enger station U to lie erected north of N street and the freight depot south of N street. The plans show that the passenger station will be 131 feet In length and Ji feet In Width. Spacious waiting rooms tor men and women are provided and also an express office. The freight depot Is to be 160 feet in length and 41 fret In width. It waa reported that General Manager Mohler of the Union Pacific intended start ing work on the passenger station in a week and on the freight depot Just as soon as the material could be secured. Interferes with TralMo. A petition was presented to ths city council last night signed by half a dsen property owners asking that the old city scales at d North Twenty-sixth street be removed, Theae scales wore abandoned several years ago but the elevation above the pavement, which Is from six to eight Inches, Interferes with traffic. The peti tion was referred to the street and alley committee for Investigation. "Old Swimming- Hole" Closed. Owing to the number of complaints re celved nt police headquarters about boys swimming In the little lake In Syndicate park, Chief Hrlggs has ordered that the practice be stopped. Youngsters would shake off their duds and slide Into the water without going through the formality of first putting on a bathing suit. This annoyed many persons who visit the park In the afternoons. Chief Brlggs made the the statement last night that an officer would hereafter be stationed In the park to arrest lads who were caught swimming In the lake. Still , Stealing; Brass, Monday afternoon Detective Elsfelder re covered fourteen pieces of brass stolen from the railroad vards. The poljce as Bert they are on the trail of the thieves and expect to make some arrests today, It appears almost Impossible to break up the gang of brass thieves in this vicinity. Convictions In police court and the binding over to the district court of a number of those arrested do not seem to have any effect on the gang of thieves. The police are now hunting for the cause of the trouble, and that Is the Junk dealers who suggest to lads that the brass be stolen. Repairing; Storm Dimiir, Mayor Koutsky and City Engineer Beal made a tour of the city Monday to as certain what damage had been done to the streets by the heavy rain of Sunday night and Monday morning. They asserted that the sewers carried off the storm water as well as could be expected. Two bad washouts were reported, one at Nine teenth and O streets and the other at' Twenty-second and L. Both of these will receive early attention. Borne minor wash ouis were reported but the rain did not do as much damage as was expected. Wesley MeBrlde Injured. Wesley, the 11-year-old son of Mr. and f rm nM,rM UUrU. Ala Vn-k VI .1. I .,, ,. ,, . o. i ! I . I I , " I, llljuiTTU DUIIUBJ UlirrilUUIl WnilC V, , , ,, . , 1 . . . naii-iiuig u. iHiu game ui i wenuem ana J streets. A foul ball hit the youngster on the nose, breaking It and badly bruising his face. A physician Is looking after the young man's features and he promises that In a short time Wesley will be out again just as good as new. Caldwell Makes Proposition. P. C. Caldwell, a Justlcs of the peace, has tendered the city council the sum of $30 for a ten-year lease on a little patch of ground at the northeast corner of Twenty-sixth and Q streets. On the southeast corner of the viaduct Is a little candy and cigar store which pays the city $26 a year, and Cald well s offer of $50 for ten. years Is looked upon with Indifference by the city fathers and the mayor. In fact, when the request was presented to the council last night the mayor went so far as to question the right of the city to lease tlu-se patches for the reason that the railroads now have entire charge and care of the viaducts. There Is no probability of Caldwell mak ing any headway, as the mayor Is sup ported In his opinion by several members of the coury il. Masle City Gossip. J. K. I.unden. Forty-fifth and W streets, reports the birth of a son. Water hydrants have been located at Twelfth and J and Twelfth and I streets. A team for fire department purposes has Uen purchased from G. H. Brewer for $214. Funeral services over the remains of Patrick Dwyer will be held at St. Agnes' church this afternoon. Members of the Eastern Star will give an Ice cieani social at Highland Park Tuesday evening, August -2. Mr. and Mrs. Julius Swansou have re turned from Ioa. where they visited friends for a few days. The young people of the Baptist church will give a social this evening at the home of Mrs. Mary Lane, Twenty-third and 11 streets. Utile Jim Jones, who essayed the high dive act a few days ago, Is getting alonj nicely and will soon have bis features out of a sling. The Infant son of Mr. and Mrs. John F. Flynn. li.U North Twenty-fourth street, died Monday. The remains will be taken to Neola, la., today for Interment. Chief David Garratt of the South Omaha fire department left last night for Duluth. Minn., to attend the annual convention f ru chiefs. He was accompanied by Mrs. UarratL Bee Hive lodge of the Masons Is preparing for a f lrnlc at Manawa on Thursday after noon and evening. August 14. Seclal cars will be provided for tne members of the lodge and Invited guests. Interest Awakened. Interest awakened everywhere In the marvelout cures of cuts, burns, wounds, with Bucklens Arnica Salve. Sc. For sale by Sherman UcCoiipMI Drug Co. tt-K wedding rings. Kdholm, jeweler. Harry B. Davis, undertaker. TL 1T4 Even the partial eclipse of the moon last evening did not prevent a large crowd from gathering at the Ak-Sar-Ben den to witness and take part In the weekly Initiation. The evening was "Missouri Pacific night," and while the delegation from the stations along that line were not as large as was expected the country cousins who could not come sent their best wishes with their regrets. saying they are too buay on the farms, but will be here In numbers for the fall festiv ities. There was a goodly assemblage on hand. however, and the usual hilarity, with the sober afterthoughts from the speakers1 stand was Indulged In. The visitors to the number of nearly 1"0 came from Auburn. Cook, Sprague, Avoca. Murray. Alnsworth. Millard, Ames, Lincoln, Nebraska City, Union and Bennington. Carl C. Wright was grand mufti of the evening. Short talks were given also by Rev. E. L. Kly of BooneIa., Z. T. Lindsay and Dr. A. If. Hippie. Next Monday evening will be ""'Burlington night," when a crowd from Burlington stations, Minden and east, will be on hand. On the same evening a delegation from Falrbury will be In attendance, so C. J. Wilson, division superintendent of the Rock Island road telephoned last evening. On the evening of August 28 visitors from along the line of the Union Pacific will be the special guests, as will also the cltirens from Plattsmouth, a special train being run from and to that point, with -the mayor In charge of the party. The total paid membership to date Is 735. Last evening Samson announced that on next Friday the Knights of Ak-8ar-Ben and Commercial club members have been In vited to the fall festivities at Grand Island. The day has been designated as "Ak-Sar- Ben day," and a royal time Is anticipated by all who go. Special rates have been secured. The trains will leave at S a. m. and return the same day. At last evening's meeting the board of governors of the Knignts ot Ak-sar-Ben accepted the bid of A. I. Root for the print ing of 20.0ft0 float books. It Is stated these books will be the best yet gotten out by the Ak-Sar-Ben. They will be out about September 1. ' DR. STONE ANSWERS SUMMONS Well Known Omaha riiyslrlnn and G. A. R. Man Dies Last Evening;. Dr. R. M. Stone, whose death has been expected at any time for several days, passed away at 8:1 last evening at his home, 3870 Dodge street. Funeral services will he conducted at the home Wednesday afternoon at 2:S0. Dr. R. M. Stone was a native of Illinois, aged 90. He served In the civil war In the navy as a member of the Mississippi squad ron. He has been a resident of Omaha for nearly thirty years and practiced medicine since coming here. He was commander of Grant post, Grand Army of the Republic, In 1893 and was always active In Grand Army matters. He waa an authority 'Vn horse racing matters, having all his Ufa kept one of the most accurate records of the achievements of the light-harness horse and kept them In tabulated form so that he could at any time tell any special horse's achievement that was worthy of public record. He Is survived by his secrrffa wife, whom he married about three years ago. Never Seat a Man to the Hospital. During the Spanish-American war I com manded Company G, Sth Illinois Infantry. Nearly every man In the company, during our stay in Cuba, had diarrhoea or stom ach trouble. We never bothered sending a man to the surgeon or to the hospital, but gave him a dose or two of Chamber lain's Colic. Cholera and Diarrhoea Rem edy and the next day he was ali right. We always had a doxen or more bottles of It In our medicine chest. ORRA HA VII., Captain Company O, Sth Illinois Infantry. When Chamberlain's Colic, Cholera and Diarrhoea Remedy can prove It Is reliable under such a severe test as this, we are sure you can trust it to cure all forms ot bowel trouble. Keep a bottle In the house; you won't have time to go for It when It is needed. For sale by all druggists. Saperb Service, Splendid Scenery enroute to Niagara Falls, Muskoka and Kawartha lakes, Georgia bay and Tema gaml region, St. Lawrence river and rap Ida. Thousand Islands, White mountains and Atlantlo sea coast resorts, via Grand Trunk Railway System. Double track Chicago to Montreal and Niagara Falls, N. T. For copies of tourist publications apply to Geo. W. Vaux. A. O. P. & T. A., 13S Adams St., Chicago. The great Woodmen of the World car nival at Courtland Beach has by request been continued to August, 30. Phil D. Green, In his great spiral act, has been re tained for the entire week. Dancing In the cool pavilion, exhibition drill by the uniform teams of the fraternal order will take place each evening. Payne's fireworks set off by one of Payne's employes on the lake each evening, except Monday, Au gust It- Homeaeekera' KicDriloa, On Tuesday, August IS, the Missouri Pacific will sell very low rates for the round trip to points in Kansas, southern Missouri, Indian and Oklahoma territories, Texas. Arkansas, etc. Stop-overs allowed. Limit of tickets, twenty-one days. Full in formation from any agent of the company or Thomas F. Godfrey, Passenger and Ticket Agent, 8. E. Cor. Fifteenth and Farnam, Omaha. Attention, Washington Lodge No. ST. Tou are requested to attend the funeral of our late sister. Lena Vovel. from resi dence. 1319 South Thirteenth Street, Wednes day. August It, at 8:30 a. m., to St. Jo seph's church. Seventeenth and Center streets. Sister lodges Invited. KATE JORDAN. JOHANNA 8TRAWN, Chief of Honor. Recorder. OSE FAHK TO HOT PH1.GS, ARK. Plus $1 for round trip, dally, good for 30 days. Summer Is the best time for treat ment. Ask any ticket agent. DIED. VOGEL Lena, aged 44 years 1 months and 14 das. beloved c'fe of Thsodore Vogel. Funeral Wednesday morning. August 16. at t a in., from family residence. 3;f Boutn i nirteentn street, to bl. Joseph s church. Seventeenth and Center streets. Interment. St. Magdalena cemetery. South umana. r nentis vivueo. SOR ENS EN Jens, August 13, lis, aged Li years 4 months. 2 days, at his residence, 3110 South Ninth street. Funeral Tuesday afternoon, August 15. at 2 o cioca. at uanutn i.utneran cnurcli Twniy-seoond and Leavenworth street i. The deceased was a member of the Danish Brotherhood Lodge No. 19. All members of the order Invited. jMenusnt, Bprlnf weU. STORE CLOSED at 5 P. 1M. FARMER ACCUSED OF ARSON Bloodhounds Called Into a Sunday Han Hunt Nesr Millard. GEORGE HAECKE IS PLACED UNDER ARREST Pntsoner Is Charged with Setting Fire to a Straw Stack of Andrew Wellman with Intent to Burn Hla Darn. ; Two bloodhounds belonging to Dr. Fulton of Beatrice figured In an exciting man hunt Sunday afternoon a few miles from Millard. As a result of the hunt George liae. ke, a farmer. Is under arrest. The occasion of bringing the dogs to Douglas county was the burning on Satur day afternoon of a large stack of straw belonging to Andrew Wellman of the Cre mona farm, located about three miles from Millard. This straw stack was located In the Immediate vicinity of Wellman's barns and the neighbor had great difficulty In saving the buildings. Wellman was In Omaha at the time the fire was set. On arriving home he sus pected that a neighbor named George Haecke had set fire to the stack and at once took steps to have the trail to the stack left untouched. Then he telephoned for the assistance of the bloodhounds from Beatrice. When the two dogs arrived, on Sunday one was turned loose at the site of the burned stack and at once took up the trail. This led to Haecke's farm and up to the house. The men with the dog asked for a drink and were refused, but Insisted on seeing Haecke. As soon as he appeared one of the hounds could hardly be re strained from Jumping on him. Haecke Denies Guilt. In the meantime Sheriff Power and Dep uty Roach arrived on the scene. To them Mr. Haecke stoutly denied his guilt, al though admitting that bad feeling has existed between himself and Wellman. The latter Insisted on the evidence fur nished by the actions of the dog that Haecke was guilty of the attempt to de stroy his barns and on Monday a com plaint was filed In the court of Justice Foster, on which a warrant was Issued for the arrest of Haecke. Sheriff POwer and Deputy Neve drove out to the farm and arrested Haecke. He was brought to Omaha Monday afternoon. County Attorney Slabaugh has found that there Is a statute In Nebraska which ex actly covers the case of an attempt to de stroy property by setting fire to straw or rubbish located contiguous to such a struc ture, and Haecke will be prosecuted under this statute. Wellman said his suspicions were aroused against Haecke by the fact that while driving to Omaha he met Haecke driving toward his place. Soon after arriving In Omaha Wellman was called up by tele phone and told that his straw stack was on fire and that his barns were threatened with destruction. He at once drove home, and on arriving there found tracks In a cornfield v which Indicated to htm that Haecke might have set the fire. DUNDEE MAYHAVE SEWERAGE Village Is Given Permission to Con nect with City System Through Ordinance Ordered. The city council as a committee Monday afternoon Instructed City Engineer Rose- water to draw up an ordinance granting permission to the village of Dundee to connect with the city sewer upon the payment of $5,000. The application to make the connection ,was presented by Dr. Leavltt, who headed the village trustees to the committee room. City Engineer Rosewater told the council that it should cost Dundee about $8,000 for the connection, but that undur the circumstances he ad vised the acceptance of the $S,Ou0. I l ne greater portion or ine ariernoon was taken up with a general protest and a demand for damages by property owners along the north side of the alley between Grant and Rurdette streets and Forty second and Forty-third. It Is proposed to grade this alley. Damages were asked as follows: G. D. Boyd, $230; R. A. Slovecker, $S0; George Taylor, $150; Thnmas McGulre. $150; J. B. Norrls, $100; J. H. Mason. $129. Secretary Burgess of the Board of Edu cation and others made talks for the pro posed grade and claimed the damages asked were excessive. GOODEN FILES THREE TIMES Doctor for Royal Highlanders Insti tutes Salts In the Courts of the State. Three affidavits have been filed In the I'nlted States circuit court In the Royal Highlander case, wherein W. B. Gooden has brought suit against W. E. Sharp. K. J. Sharp, Charles A. Sharp, August E. Blekman, L. J. Slekman, F. H. Hanke, M. B. Treat and John Doe, from deposing him from the office of supreme medical exam iner of the order of Royal Highlanders. The affidavits are made by C. A. Smith and George C. Stevenson, members of thj txecutlve council of the order; C. H. West cott, official stenographer, and A. Me Wil liams, deputy special agent of the order. The trend of the affidavits ars that thay were present at the meeting of the execu tive council In June, 1901, when the original edicts of the order were formulated, giving to the executive council the authority to change appointive officials at the discretion of the executive council. Thla council meet ing waa held at Lincoln. June 10. 11 and 12, liuL Filed with the affidavits a ouies is now before you. Over 1,200 vim s trousers many left from s?a'ts that sold at $15 $1S $20 many hundred pairs from em regular stock that sold at $4. Now $1.85 Pants for business dress and outing wear waist measures 30 to 50 lengths 2i) to 37 and remember we'll fit you whether you're big or little, thin or stout, all fabrics, all styles ON SALE NOW AT $1.85. ' 1 'in V of the original edicts formulate?! at that time and are made part of the record -of the proceedings In the suit. Tho defendants In the case were to file their additional showing Monday, the com plainant to answer Tuesday and the case to go to trial on Its merits August 31. AFFECTIONS ARE RATED HIGH Divorced Woman fines Alleged Pe at royer of Her Happiness (or gn.coo. Elma M. Wilson has brought suit In tho district court against Kittle Keyes, In which she seelyi to recover the sum of $25,000 for alleged alienation of the affec tions of Joseph F. Wilson, the former hus band of rlalntlff. The petition, drawn by Attorney Macfarlnnd, sets up that the Wil sons were married In Jonuary, 1ST9, and have raised a family of three children. It Is alleged tkat they lived together until February last, when Wilson secured a divorce. It Is charged that Kittle Keyes advanced the money for the procuring of the divorce and that Mrs. Wilson, while opposed to the granting of the decree, was restrained by fear of personal violence from opposing the petition. It Is alleged that Wilson first met the defendant In July, 1904, at the place where all parties were mopping, and that Kittle Keyes succeeded In seducing him from his marital allegiance to plaintiff by getting him to go riding and picnicking with her day and night. WOMAN DID NOT HEAR TRAIN Hard of Henrlnar She Is Struck and Severely Injured Before Aware Danger Is ar. Mrs. Anna Wallonberg of 3015 Sahler street was severely Injured at 9:3;) Monday morning by. being struck with Missouri Pa cific engine No. 817 at the Intersection of Thirtieth and Snhler streets. The woman sustained a bad cut on the left hip. The accident will not result seriously, the doc tors suy. Police 8urgeon Longdon was called and attended the woman nt her home. Mrs. Wallenberg Is hard of hearing and did not hear the approaching engine, It is stated. HARRISON NOT A CANDIDATE Ex-State Senator from Grand Island Declares He Is Not In the Itace. W. H. Harrison of Grand Island, former president of the state senate, was In the city Saturday attending to private busi ness and visiting friends. To one of his friends Senator Harrison denied that he was a candidate for governor. "The psychological moment for me to run for governor Is not this time," he said. "I have plenty to do attending to my business Just now and so you need not expect to see my announcement." W. C. T. U. ANNUAL MEETING Elertlon of Olnrers and Other Ini- portant Business Will Come I 1 Wednesday. The Woman's Christian Temperance union will hold Its annual meeting at Its rooms In the Young Womnn's Christian association headquarters on Farnam street Wednesday at 2:30 p. m. Officers will be elected and other Important business trans acted. McDonald Again In Trouble. John McDonald, who for a long time has been considered by the police a dangerous man and who says hn will kill at least two policemen before he dies, was arrested by Officer Goodrich at his home, 1H14 How ard street, about 8 o'clock la.t night on a charge of disturbing the peace. McDon ald resisted ai re si and received a severe blow on the head from the officers club. He waa taken to the station where his wound was dressed l,y Burgeons lii!J hi and Cox McDonuld has made many threats on the lives of different polic e officers, and whenever he la arrested, which Is about every two or three weeks, the ar resting officer almost always has a fight on nls hands. McDonald was shot about six weeks ai;o by Officer A. E. Miller while lesistlng arrest and was laid up In Ht. Joseph's hospital- for several weeks. Heller received a severe cut on the head while fighting with him. LOCAL BREVITIES C L. Babcock has been elected a member of the Omaha Grain exchange. Miss Blanch Zimman and Miss Fannie Wolf have returned from Laramie, Wyo. The women of Lowe, avenue Presbyterian church will give an ice cream social on the church lawn this evening. mSDiTBdSlmTB CVBgflMffimaiB0 pure. The critical ordeal through which the expectant mother mutt patt, however, it to fraught with dread, pain, suffering and danger, that the very thought of it fillt her with apprehension nnd horror. There it no necessity for the reproduction of life to be either painful or dangerous. The use of Mother' Friend to prepares tha system for the coming event that it it tafely passed without any danger. This great and wonderful of women through the trying crisis without tufferi Stud for Ires book eooLalr.lng Inform ef priceless value 10 all saeeianl Belhri sa Braaaale Reaalate te . AtlaaU STORE CLOSED at 5 P. M. FEW OBSERVE THE ECLIPSE Partial Ohnrnrlne; of the Moon 1'rotra a Poor Drawing 0' l lird. Although It was an excellent evening for such enterprise t lie populace absolutely declined to take any intenut In the par tial eclipse of the moon, the 'only one of the ear, which occurred last night. A few thoughtful nien and women and a few Idle young women with time hanglni? weightily on their hands did Father Wil liam S. Klgge, professor of astronomy, the honor to call at Crelghton university observatory, tnko a look at the moon' and the shadow through the flve-iuch glass and ask the good savant to express an opinion as to whether or not the moon really Is Inhabited. To all of which Father Rtggo responded with good grace and cheer. Wltn the resistance of Prof. Tenk of Ft. Mary's college and Prof. Cloud of St. Louis university, who are vlttlng at thn Crelghton Institution, Father Riggs noted a scientific observation of the eclipse and all that pertained ti It. which to use his own language, was "not much." "Little or nothing Is to be gained by astronomers from this partial eclipse," sild he. "When on February 8 a total ecllpso of the moon bikes place, then It Is hoped to determine whether the moon 1ms a satellite, the amounts of heat thrown off by tho moon and to dcvelope other un proved facts. For some purposes the moon Is best studied In shadow." The moon entered the penumbra, or faint shadow, cf the earth at 7:18 p. m., reached tho real shadow at 8:3t, dipped in as far as It could go, or about one-third of its diameter, at 9:41 and thence proceeded to climb out to full rotund grandeur again, finishing the process at 12:13. Not a cloud was In the sky, the air was exceptionally clear and the naked eye was quite suf ficient to nolo the circular shaped notch on the lower part of tho moon, .From somo few balconies and In an occasional back yard the family opera glasses were trotted out for a bit of gnzlng, but the populace as a wholo paid about as much attention to the thing that used to get heads chopped off of Chinese astronomers If they failed to predict It, as It would to a street car going in the wrong direction. ' DEPOSITIONS IN GRAIN CASE Attorney General Brown Here It end y to Take I'p Task Thla Morning;. Attorney General Brown Is In the city to take depositions in the Nebraska grain dealer car.o In the suprcma court. When asked In regard to that case, he said: "1 make It a practice to try my cases In the courts and not In the lobbies nnd newspa pers, but,';- snld he, "I will say this, how ever, that the final outcome of the case will depend largely upon how they behave themselves, both before and after taking. The law was placed upon the statute books for a purpose, and that purpose was that It should be obeyed, and It Is my duty, If they have omitted that Important duty on their part, to call their attention to It, and If the law has been broken, do our very best to amend It and protect all citizens that it was Intended to protect." Attorney General Brown w..s asked for an opinion regarding the implication of the biennial election law to county commis sioners, and he said the law and all laws were presumed to be constitutional until they wero tested by the courts. No matter what his private opinion was, It Is law as It stands until tho courts have decided otherwise. If anyone chooses to test the law, there is ample time before election. CHILD BCRN ATJJNION DEPOT Babe Dies Shortly Afterward and Mother Is Sent to the Hospital. Mrs. Malvlna Cunningham . of Wlsner, Neb., gave bli th to .u child at the I'nion depot about 5 o'clock laat night. Mrs. Cunningham was accompanied by her hus band and her mothcr-ln-law and all wore en route to podanui, Kan., to vIhU their relatives. Mrs. Cunningham and her new born babe were taken to the police station in the city ambulance, where the child died shortly aft.V She was attended by Police Surgeons Iuingdon and Cox and City Physlclun Arnold, and afterwards sent to Ht. Joseph's hospltul. Both Mrs. Cunningham and her husband ars but i7 years of ago. No woman's happy. ness can be complete without children ; it it her nature to love and want them ag much bo at it it to love the beautiful and iiFtruiWDddl