THE OMAHA DAILY BEE: TUESDAY, AUGUST 22, 1003. . CANDIDATES FILE TEST CASE aiplrtnU for County Commiwioner Press Claim for Place, on Ticket. WILL CARRY FIGHT TO SUPREME COURT olomoa, Vre and llantrr Demand to Kstaw ,Whr Trraaarer and tlrrlt Did Mot Accrpt A IntlmMM In Th lie ftundajr morning the prospective candidates for county com missioner In the Third and Fifth district m-ho offered their money and had It refused are going to a higher court. Tha opinion of the attorney general said the Uw of the legislature would not be questioned by the legal department of the tata government until the occasion arose. Saturday' developments In the office of the county treasurer and county clerk, chronicled In Sunday's Bee, Indicated that thera were men who were doubtful of the effect of the law relating to county com missioners and other officers In the bills which were not passed on by the supreme court. After offering their filing fees Saturday Messrs. Solomon, Ure and Hunter, repub cans, and Charles Tracy, deirocrat, con sulted their attorneys, and Mr. Solomon and Mr, Ure, acting as the advance guard of the questioners of the legislative act, Monday filed a suit to test the virtue of the law. The suit Is entitled State of Nebraska X rel Emmett O. Solomon and William Q. Vre, relators, against John C. Drexel, county clerk, and Robert O. Fink, county treasurer. It la understood Henry Ostrom, former toani commissioner also la a party to the suit. nedlck Grant Order. On application Judge Redlck, sitting In chamber, gi anted an order on defendants to sl.nw cause Wednesday morning, August 2M, why they should not place the names of the petitioners on the primary ballot as candidates for the office of county com- inlKsloner. If this order shag be granted, and the prayer of the petitioners prevail. It will mean the county clerk and treasurer will have to show cause why they do not accept the money of petitioners and place their names on the primary ballot. Should Judge Redlck decide that peti tioners Solomon, Ure and Hunter, repub licans, are entitled to a place on the bal lot, then attorneys for Charles A. Tracy, the cigar man, will ask that he also be Incliidnd. The two county officials named will, of course, refuse to comply with the order of the court and County Attorney 81a baugh will pick up the fight right there. Which ever way the decision of the Judge may go, there will be an appeal to the supreme court. As this latter body does not meet until September 4, all hands will have to wait until a day or two after that date for a decision; but the men who have tendered their money figure that the decis ion Will distinctly favor their case. ' Breea Bays Officials Erred. Attorney Breen says: "The county clerk and the mimiv tru,. urer are wrong4. A close study of the law under which these officials take their po sition shows it provides that counties that change from the three to the five com missioner plan, shall elect the two new oinrers at the next general election on an even numbered year. Now, Douglas county has had five commissioners for twelve yoars, and the t.ew law simply does not apply. As a result the general election laws govern, and In my opinion, the terms of the commissioners from the Third and Fifth district expire this year, and their successors must be nominated and elected this fall. We do not Intend to test the constitutionality of the law, but to prove that It Is not germane to the affairs of Douglas County." I OMAHA MEN AND THEIR HOBBIES I I : : 1 '; fM 1 WBBWMS''1,- J ffllK mm 1 m m WW- ' Graadma Mott'a Advle to Travelers. "You should not travel about the coun try this warm weather without a bottle of Chamberlain's Colic, Cholera and Diarrhoea Remedy." says Mrs. Kate Mott of Fair field, la., or "Grandma Mott" as she Is familiarly known. "One or two doses of this . remedy will alwaya cure the worst case of summer complaint. We keep it always at hand. In fact, we could not keep house without It." Candidate for Pulpit. Rev. B. A. McBrlde of Tarklo, Mo., Is favorably mentioned for pastor of fhe Cen tral United Presbyterian church tu succeed Rev. J. M. Rees, who resigned last spring. A meeting of the members of the church will he held September 0, to extend a call to the pastorate to whatever minister shall be chosen at the meeting. i!5i Warn Preserved Purified and , Beautified by id on An I (jjuRf The World's Favorite Cuticura Soap combines delicate medicinal and emollient properties derived from Cuticura, the great Skin Cure, with the purest of cleansing ingredients and most refreshing .of flower odors. For skin irritations,- heat rashes, tan, sunburn, bites and stings of insects, lameness and soreness incidental to summer sports, for sanative, antiseptic cleansing, and for all the purposes of the toilet, bath, and nursery, Cuticura Soap and Cuti cura Ointment are priceless. . Vwr Pruf I Ckam. Co', tote rra. . rHxirfles''iltMtkliuiMv' AFFAIRS AT SOUTH OMAHA Bcfcool Board Seta Date for Beginning the Eohool Tear. JANITORS ASSIGNED TO THEIR BUILDINGS Short Meeting of the Body Attends to Some Important Work aad Leaves Superintendent a Task. DK. R. GILMOKE-Testing the Scales. CASOLINE ENGINE GOES OUT Pans at Saunders School Will Ban bj Motor Hereafter. SCHOOL BOARD SEEKS TO RELIEVE JANITOR No More C'rnnklnK to Start Engine or Trouble with Sparker, Not to Speak of Smell of Gasoline. Pupils of the Saunders school no longer will have their esthetic sense offended by the smell of gasoline. The Board of Edu cation last night decided to Jerk out tha gasoline engine that has furnished power to operate the fans for three years and to put In an electric motor. The gasoline en gine will be sold and the new motor will cost t'J0. Here Is a list of the reasons given by Member Rice for the change: Will prevent the Jiinitor from getting fatigued applying crank. Will give the board a chance to clip $3 a montn off the Janitor's salary. Will save money In the long run in mat ter of repairs. Will obviate the unpleasant smell Of gasoline in the basement and school. Will lessen the chances of an explosion and demolition of the building. Will enable the board to pay from : to l.TO a month for electric power Instead of 1S for gasoline, plus $5 bonus to the Janitor for "cranking" or making the sparker mark. , Secretury Burgess skeletonised the read ing of the minutes and thereby saved much time. In return he received a two weeks' vacation, the first In five years, which he ' will spend with a daughter in Canada. Henry Hensley was elected Janitor of the new Omaha Heights school at Thirty sixth street and Kansas avenue. This Is a new school and a new Job, the building being the old Monmouth Park school. . Mary C. Smith, Alice Bradman and Alice C. Gilchrist resigned as teachers. Miss Bradman said she was going to take up another "business." A carload of desks was ordered bought from the American School Furniture com pany. They range In price from t2 to $1.72, according to size. Rspendltares for Jul-. Secretary Burgess submitted the follow ing comparative statement of expenditures during July: July. 1M July. 115, Advertising t 18.00 f 9 00 Architect's service 2,210.3 Bond redemption fund , Hooks Cartage 7.10 Census enumerators 9C1S9 Construction iJrawliig, music and kln- riergurten supplies Klectlon expense 8 00 Kleetrtc power Vl.W Kxamlnlng committee ... 75.00 Kx Dress and freight Kuel y 39 67 Furniture ana fixtures Improvements 714.11 Insurance fund nsurance premiums Interest and exchange... 39 Kl Janitors 00 Light and fuel gas 33.0S laps, charts and refer ence books 632 50 Messenger service Officers and clerks l.OMW Printing I 0 piano rent and tuning.... 5 no Rent Repairs 1.1'iS.m Stationery and supplies.. ial.3$ Teachers Miscellaneous supplies... zu. Burke. 2S10 Chicago. a-irl: Qeornre Potter, 83s South Twenty-third, boy; Wllbersun Mason. 3203 Ohio. boy. Deaths Frank Ward, Omaha. 22; E. A. Blackwell, Ies Moines, 25; Hans Nelson, !2"S South Forty-second. 24; Infant White. Twenty-seventh and Patrick avenue, 13 davs; W. Hell. 251S Jones. 5 days; Infant Roberts, 3840 Seward, 6 days; Hans Nellsen, t'x Forty-second. 24: Mildred F. Kvans. Waterloo, la., 12; Florence Olive Stone, 213S Boutn inirty-nttn, a. Strange Adventure. In auto ed to painful accident, but Buck len's Arnica Salve quickly healed all wounds. 25 cents; guaranteed. For sale by Sherman & McConnell Drug Co. 18.80 87U.90 7.60 9IO 75.00 14 03 19 9 10 o2 t.O.63 49.24 Announcements of the Theaters. This evening at the Boyd theater the queen of comedians will be seen In her own and only play May Irwin In "Mrs. Black Is Back." This Is as much aa could be told In a- book about the star and the piece, although a book could easily be written about them. Miss Irwin returned to the stage last fall after a vacation of two years, and was most heartily welcomed In her present play, which Is by Qeorge V. Hobart, the well known humorist. She spent the entire season In New Tork, and was a tremendous success. This season she Is making a hurried tiip to the Pacific coast, and will be in Omaha for one night only. The same company and same equipment used In the Broadway production Is still in service, and the result Is the best that could be given. St. 1'oul and etarn $12.50 DULUTH, ASHLAND AND BAYJIELD and return : -116.50 DEADWOOD AND LEAD and return $18.75 VERY LOW RATES NOW TO ALL POINTS EAST Via The North-Western Llna City Offices 1401-1403 Farnam Street. Liberal! .Hand at Krng Park. Liberates famous Italian band, on Its way home from a successful tour of the northwest and the Portland Exposition will be at Krug park commencing Wednes day afternoon, Aug. 23. for four days. These famous musicians In connection with the Royal Canadian band will give a mu sical festival every afternoon and evening. The price of admission will remain as usual ten cents, . 22-K wedding rings. Edjiolm. jeweler. The Board of Education has decided to open the public schools on September 11. When the members met last night this was one of the first matters of business to come up. The buildings and grounds com mittee reported that none of the additions to schools would be completed for some wteks and rooms will b rented temporarally In the districts where the schools were overcrowded last year. It was for tho purpose of giving the committee time to rent outside rooms and furnish them that the opening date was deferred for one week beyond the usual time. Janitors were assigned as follows: High School Frank Voeasek; firemen J. B. Smith, James Hamilton. Central Harry Real, John Klupnaur. Lincoln Ed Johnson. John McAdams. Hawthorne A. Christiansen, ' R. Blgelow. Jungmann D. D. Sullivan, William Fir man. Brown Park John Kubat, Peter Henkle. Madison J. C. Rlngo, Mrs. L. Horenson. Highland Guy Seater. John Dworak. West Side Martin Telg. l. B. Belden. Corrigan Thomas Conway, J. J. O'Hourke. Lowell J. J. Byster. Annex Burton Rice. Fleld-R. Resak. Whlttfer Mrs. Dunn. The following names were added to the teachers' unassigned list: Louise Moore, Eva Murphy, Stella Oray, Delia Borst. Cora Rothchllds, Ella Mallln, Mrs. Nora Freeman, Laura Randall, Agnes Condon, Emma II. Noe, Minnie Clifton. Member Schlndle brought up the mat ter of naming two principals to fill vacan cies, but as the members could not agree Superintendent McLean will be directed by the chairman of the teachers' commit tee to make the assignment. Five sets of encyclopedias and the same number of pictorial and historical .maps will be purchased. The board then adjourned until the next regular meeting. Council Meeting Tame. President Adklns occupied the chair at the meeting of the council Monday night owing to the absence of Mayor Koutsky. Ordinances were to have been presented for the paving of Twenty-fourth street from A to Q. City Attorney Lambert had failed to get, the ordinances prepared In time and a meeting is to- be held on Wednesday night, when the ordinances may be .ready. It was the same with accepting the plans for the fire department headquarters build ing. The matter of accepting or declining the plans was talked over, but no decision was reached. It was agreed, however, that this matter would also be considered Wednesday night. A favorable report was made on the or dinance for the grading of Twenty-second street from S to Y. This, ordinance can now go to the second and third reading. One permanent sidewalk ordinance was passed and one was Introduced, The session was the shortest for some time and was wholly without interest. Ken yon Files Protest. W. J. C. Kenyon. general manager of the Union Stock Yards company, has sent to the mayor and council a protest against the granting of a petition filed by J. C, Caldwell a couple of weeks ago. Caldwell asks the city to give him permls slon t? erect a frame structure at the east end of the Q street Viaduct. It Is under stood that Mr. CaldweH wants to open a candy and cigar store. ' . Mr. Kenyon's remonstrance is based on the grounds that the viaduct 1b kept In re pair by the Union Pacific and the Union Stock Yards company and officials of these companies do not want to run the risk of fire In this proposed small building damag ing the bridge. In addition to a general protest, the general manager of the Stock Yards company serves notice on the city that If the Caldwell request Is granted the railroad companies will decline to make repair in case the viaduct Is damaged by reason of the erection of the proposed frame structure. After being read to the council last night the protest was ordered filed. Moving School Annex. A portion of the old high school annex Is being moved from Twenty-sixth and M street to Brown park. The section now at tached to a cable la being hauled east on M street. When between Twenty-fourth and Twenty-fifth street Monday afternoon a number of large electric wires had to be taken down. Electric lights and fans In the business portion of the city could not be used for an hour or so. It will probably take about two weeks to get both of the sections of the building moved and placed on foundations. Masons Will riralc. Members, of Bee Hive lodge No. 1S4, An cient Free nnd Accepted Masons, will held a picnic at Manawa on Thursday afternoon and evening of this week. Two special Council Bluffs cars will leave Twenty fourth and O street at 2: p. m. A start for home will be made at 10 p. m. Bo far a party, of lflO have agreed to gt on this pleasure trip. The lodge pays the expenses of the Junket. Sheep Commence Coming. Monday's receipts of sheep numbered 17,5iiO head, the largest receipts In any one day this year. Tho majority of the seventy cars consisted of killers and feeder buyers were disappointed. Feeders are badly .wanted here, but some wise ones declare that the feeders are being held hack as long as possible on account of the fine range. On account of the heavy receipts the prices fell off on both packers' supplies and killers. Frank Miller Injured. Frank Miller. 14 years of age, living at Twenty-ninth and C streets and employed at Cudahy's, was severely Injured about o'clock Monday evening. Miller was return ing from work and In climbing between some Northwestern box cars stepped on a coupling pin Just aa the train moved. He was taken to the South Omaha hospital In Brewer's ambulance and physicians am putated the foot. Magic City Gossip. This evening members of the Eastern Star will hold a social At Highland park. Rev. and Mrs. R.'L. Wheeler have gone to Falrbury to visit relatives for a few days. A son was born yesterday to Mr. and Mrs. Frank Harris, Eighteenth and X street City Attorney W. C. Iimbert and wife have gone to Portland to take in the expo sition. S. I Winters, assistant city attorney, has returned from a two weeks' vacation spent In the east. Horses for the hlg sale to be held at the yards here on Wednesday are arriving In large numbers. Mrs. J. B. Ashe. IBM North Twenty-sixth street, returned yesterday from the Pacific coast where she viHlted friends for six weeks. The three vagrants found sleeping In the night by the Harry B. Davis, undertaker. tel. 1224 PERSONAL PARAGRAPHS. W. F. Rurh of Superior Is among the ar rivals at the Paxton. Mrs. W. H. Clemmons of Fremont is reg istered at the Paxton. Charles T. Neal and J. M. Raymond of TJncnln are on the register at the Her Grand. . C. P. Stephenson, a revenue collector from IJni-oln, Is In the city on business and Is a guest at the Paxton. Major R. 8. Wilcox, manager for Brown ing, King & Co., has returned from New 2,936.00 ' York City, where he spent two weeks. 1,111. W 72.25 6(0 4n.i) 840.17 1J6.72 ""bid. 45 $11,46.42 6.149 03 Total !.. ...$S,1-9.71 Cash In .general fund August l. lytlS . .-K,w.o fJeneral fund warrants outstand ing August 1. 190t Balance lilUKO Balance In Beals fund August 1, in Is0 '0 Balance la site and building fund.. 9.lu).90 All Well. The least thing wrong with your bowels. makes you sick. Dr. King's New Life Pius ma you all well. 2S cents. For sale by Sherman A- McConnelll Drag Co, Ladles of Maccabees Picnic. Monday evening a goodly sited crowd attended the annual picnic of Uniformed Hive, No. 35, Ladles of the Maccabees. The drill team of young women in white uniform under the captaincy of Mrs. Bun gave a very enjoyable drill. The committee of arrangements consisted of Mesdames Baysdoerfer, Hlgley and Hudson and the success of the picnic can be attributed to these ladles and Manager Cole. Drelbma Breaking Ground. Ground was broken Monday for the new warehouse of A. C. Dreihus. on the west stde of Ninth street, between Howard and Jackson. At rresent four stories and a basement will ne erected, but the founda tion will be such that another story can bu added. J. D. Uhellberg has the contract and J. P. Quia drew the plans. Mortality statistics. The following births and deaths have been reported to the Board of Health dur Ing the forty-eight hours ending at noon Monday: Births A. W. Seveena, 527 Park avenue, rlrl. Thomas Russell. 3114 Sraard. wlti: Piauk Palnmtlor. 2il" Emmet, buv: Fred- -rivk MiKenxte, 1711 Davenport, glii; Alfred iudell, lib? luiU avcuue, buy; Frank, Captain W. 11. Corbln of Alliance, Miss Angle R, Bond of Ord and Judge A. E. Langdon of Paplllion are on the Murray regtittr. The Millard hotel register shows the fol lowing Nebraska ns on Its Monday page: 8. K. Fowler of Lincoln, T. M. Shealt of Ful lerton, J. H. Chapman of Kearney, Mrs. A. H. Norton and Mrs. B. Norton of Water loo. Thomas II. Greevy of Altoona, Pa., Is visiting his brother, M. J. Greevy, Twenty fourth and Hickory streets. The former Mr. Oreevy Is worthy late president of the Pennsylvania Eagles and paet worthy president of Altoona serle. No. 2. A Skin of Beauty la m Joy Forever. DR. T. Fallx Oouraud'a Orlontal Craam or Magloal autlflor 323 srS? o 3 FrMSiM, Villi V.lc.tf 0 every biau s butf. es4 d( tm (election. ) Of T Jn. St Is no sermleM tuate tt lo Ui u.r Is prepffiy mft'i A OCmfi JW OMMtl t Uu at uaill' niM. Dr. L. barn 14 to Wlj of tbe bbv ti u OatitM ' a yon Udi. wtU feM Uirr I rotwsiBicrt ktreiful of U IL mu tea rone) old Transit house police were each sentenced to ten days on the weed cutting gang. ' The firm of Hlnchey & Murphy, horse shoers, Twenty-third and N street, was dis solved Monday. Mr. Hlnchey purchased the Interest of Mr. Murphy. The Hlnchey Laundry company has Just about completed extensive Improvements to the plant. A new boiler. has been put In and several pieces of machinery are being placed. In the arrest of John Henry, colored, at Council Bluffs the South Omaha police think that they have the man who has been burglarizing houses here. Some Jew elry stolen from a South Omaha residence was found on the prisoner. John C. Carroll, at one time chief of po lice of South Omaha, was stricken with another paralytic stroke last evening and there appears to be no hope of his recovery. Since his return from the south Mr. Car roll has been stopping with Thomas Geary, Twenty-fifth and E streets. REGULAR SHOW INTERRUPTED at H the We are cutting prices on Trunks nj Suit Cases Suit Cases worth $2.00 now $1.48 Suit Cases worth $2.50 now . ..$1.89 Suit Cases wortH $5.00 now 2.93 Suit Cases worth $6.00 now $3.98 Suit Cases worth 410.00 now ,$6.98 Cut Prices on Trunks. Trunks worth $10.00 now .$7.50 Trunks worth $15.00-now $10.00 SPECIAL STRAW HAT OFFERING. Any Straw hat in our store-now 35c .We close at 5 p. m., every day except Saturday.. Rehearsal of Old Plantation Play Broken Into by Little Side light Act. A rehearsal of the "Old Plantation" show at Twelfth and Davenport streets was abruptly broken up yesterday afternoon by a little by-play not on the regular bill. While some of the members of the com pany were going through their steps they heard a woman scream, "I am stabbed." The words did not have a theatrical ring . r. .ham It was discovered that Miss Mable Wilson had been clashed over the heart with a razor In the hands of Miss CUntona Brlggs, the trouble being over the affections of Charles Moore, so It is reported. Miss Wilson' was taken In hand by the police surgeons, .while Patrolman Shields and De tective Ferris chased Miss Brlggs to the Smelting works. Miss Brlggs is charged at the city Jail with cutting with intent to wound. , Miss Wilson's wound Is not serious, the flesh not being entered .to any great depth. E!fi.lR.r.H.r.i mm NIGHT CHICAGO TRAIN Number 12. It leaves Omaha 8:05 p. m. It arrives Chicago 9:03 a. m. DAY CHICAGO TRAIN Number 6. .7:25 a. in. It leaves Omaha. . , It arrives Chicago. . 8:45 p. m. AFTERNOON CHICAGO TRAIN Number 2. It feaves Omaha 4:00 pi ni. It arrives Chicago : .'.7:20 a. m. i Tickets, berths, folders, rates and information at City Ticket Office. 1502 Farnam St! Maurice Aljtoe Released. County Attorney Blahaugh has entered a nolle prosequi In the case of State against Maurice Algoe, accused of attempted blackmail on Edward Kosewater. Since Mrs. Algoe has served out her jail sen tence and the wife cannot be compelled to testify against her husband, the county attorney consented to his discharge from custody. He has been confined In the county Jail from a time antedating by two weeks his wife's sentence a little over four months. A "Hjt'R-SAVRR" that grows In pontilarlty. G-Q KmtoEmLJflyETT 1NG- M ;GONE HI HEmCIBtWniSAYElT TOO urtroiifiEBPiafi! HE NEEDS A GUARDIAN Thn kantnMn nun vke In toe tour to leak nftar k. tenlth nnd nnrnonnl cemfofft n4n s- fanrnlnn Tn natten nuiaraff sat (nlllat hnlr In bnMth ale Mm s( bMln.M. Later wkna Incvmhln b!4- wlll wants monny trying tn nrnr- sodm tn. moult of km ewn nnglnot. boom on at konn ntioala look altar slat. At am IM at dnnarua which to 0 ooBUalons nt Wow- kro'o Harptoiaa ohowld bo nnt, It ouran 4ui4 rtig nnd ntopn hUltas hntr by dantrorlnf thn dnndrug rm. A d.lljMful bntr dnnnlng. STOPS IT" HI NO INBTANTLT. nil Icsrat, n.M. Uti c Mann, tn IUMCIM CO., Pont, I. DetrnM. Mick., fnr a oonnln. NEWBRO'S HERPICIDE THH ORIGINAL renaedw ihvat "kill ttte DaadtnR Germ." SHERMAN & MeCONNELL DRUG CO, Spaolal Aflrntak APPLICATIONS AT PROMINENT BARBER SHOPS. ft 21 HSearaaa Crania' an thn lout km nklD Dr.irailoi:t. F-f lain br all drua. (ruodn bcaiam la tan Unu.d Btniao, Ctuat nud Kuni4 riBlT.KOPtllS, r'n 17 6reit km ttnel lew Tot HAND SAPOLIO Is especially valuable aunng; the summer season, when outdoor occu pations and sports arc most in order. GRASS STAINS, MUD STAINS an CALLOUS 8POTS yield to it, and if is particularly agreeable when used in the bath after violent exercise. .ALL GROCERS AND DRUOOiaTS FOR THE 4 U Al I ar Best Agricultural nnd Stock Raising Region. Soil deep, rich and productive in the crowing o! Wheat. Corn and Alfalfa. Purchase price from $5 to $36 per acre which equals the returns of the $50 to $150 per acre lands of other States. 'CLIMATE IDEAL AMPLE ' AEFnSFALL Buy quick and secure the benefit of an excellent Investment. Write for further Information, illustrated literature and LOW SETTLERS' RATES H. C. TOWHSEHD, General Passenger and Ticket Agent, ST. LOUIS, MO. TOM HUGHES, Trav. Pats. Act. THOS. F. GODFREY, Pass. Ticket Agt. 0. E. Corner 15th and Farnam, Omaha. Neb. n