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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Aug. 15, 1905)
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
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
THE OMAHA DAILY TttlE: TUESDAY, AUGUST 13, 1005.
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
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.
ADDRESSED TO WORKING GIRLS
Mlsa Barrows Telia How Krm. Pink
baa's aYdvio Help Working- Girl
Girls who worli
susceptible to fe
rn s 1 e disorders,
who are obliged
to stand on their
feet from morn
ing' until slfht la
stores or facto
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
Miss Abby F. Barrows, Nelson villa,
Athens Co., Ohio, tells what this great
medicine did for her. fine writes :
"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
,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
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,
if 4 r
W & j JJ-.y-. Iff I omaha
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
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
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
Fuller A Co.. Cleveland Premium. ITim
and accrued Interest.
burety Savings bank. Toledo, hv Jihn
Pale Premium, $787.60, city to pay $125 for
Hoehler A Cummlngs, being the highest
bidders, were given the bonds. These bonds
run for twenty years and draw 5 per cent
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
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
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
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
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.
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 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
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
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,
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
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
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.
JOHANNA 8TRAWN, Chief of Honor.
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.
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.
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
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
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
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
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
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.
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.
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
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
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
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
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