,TIIE OMAHA DAILY BEE: - FRIDAY, SErTKMBER 15, 1005.
On account of moving to our
large, new building. Howard and
I6th streets, we suspend business
for two days, Friday and Satur
day, September Sth and 16th.
Open for business in our new
location Monday, Sept. 18th. .
Orchard & Wilhelm
t Sarpet 2o.
After September ISih,
314-316-418 So. I6th Street,
Corner Howard Street
GREGG FAILS OF HEARING
Agtnt of ClTlnd Gal 8jndiot,te Diip
pointad in City Connoil.
WAY STAY AND LOOK FOR OTHER CHANCE
Innnrllmrn Have Other Things
Which Ocrnpr Their Attention
d IX Not Tmke In
O.i Matter.
The hearing that waa to hava been given
tiy the city council to Frank M. dregs, who
1s asmnr for a aaa irancniae lor a uieve-
nnd syndicate of capitalists, did not take
nln. ' I " n i rmA a v mhrr ttm a m nhjiniiln At
0 o'clock, the hour set;- Councllmen Hunt
ington, Ztmman. Dyball and Schroeder
were present. The othera were late and
When they arrived, with the exception of
Councilman Evans, who went to Lincoln aa
a delegate to the state republican conven
tion, Huntington and , Bchroeder had dis
appeared. The meeting, which waa an adjourned
rne, waa called to order about 11 o'clock,
with only a handful of the promised "large
delegations" of citizens present.
Many registrars were formally appointed
to replace those unable to serve or ex
cused. Then Councllmen Back and Dyball
moved for an adjournment, which carried,
with the understanding that an Informal
esslon wa,, to be held. afterwards to hear
Mr. Gregg. . Aa aoon as adjournment waa
taken, however. Councilman Back put on
his hat and left the room. This left only
Elmman, O'Brien, Dyball, Hoye and Nich
olson in the council chamber. These de
cided that It was useless for Mr. Gregg to
take up the matter with four councllmen
absent. . After a jihtna , consultation they
dispersed, leaving It to be Inferred that tho
bearing would bo given Monday afternoon,
and not Uen.Tue.ayullU A&.Uie regu
lar meeting., .i--. , .,.- ,, -
..on Trip for Mo Hearlnsr.
"'Wa have come a king ways," said Mr.
Ore";. "It is customary1 to give almost
an) one who has business to transact with
a public body a hearing. We may remain
ov?r until next week and we may not. It
lo tks as though the council doesn't care
Vry much whethtr the usual facilities are
Jfcorded or not."
H From the Gregg ordinance it developed
puitl a luriy-wiree-rear irttuumne is ue
Ired. The other terms are these: Jl per
1,000' cubic feet for both Illuminating and
sisal gas; royalty to the city on gross re
Mtpta less city business, to begin six years
after granting franchise and to be 1 per
cenl the sixth year, 2 per cent the seventh,
per cent the eighth, 4 per cent the ninth,
t per cent the tenth year and thereafter;
:is for public buildings and use of the mu
nicipality exclusive of street lighting, 80
Lents' per 1,000 cubic feet; street lighting
gas at 112 per lamp per year on the basis
of 4,000 burning hours at three feet of gas
an hour, which la the standard In other
cities pt this country for developing sixty
candle power light; mains to be extended
for five consumers every 800 feet or for
four street lamps every 300 feet; right of
the city to taka over plant at expiration of
franchise; candle power of light guaran
teed twenty-two.
Talks Too Load.
Howard Spencer was arrested at a late
hour Wednesday night by Patrolmen Bloom
and Sullivan while making a speech to (in
Imaginary andienc . at Eleventh and Far
ram streets. I'pon convincing the jwillce
Judge he was a hard worklngman Spencer
Was released with the advice to hereafter
ssrr-
, i A friend of trie homo-
, A foe of the. Trust
oiuniQf
lading
Compiles with the Pure Food Laws
of all gtatoa.
Use the Best
FULLY GUARANTEES
For any use where good coal U
desired.
Pou
An
NOT $6.00 . LUMP $6.25
AU Oradea of Hr4 and Soft Coal.
KEYSTONE COAL AND
, SUPPLY CO.,
i. A." Johnson. Pres. J. F. Bruckar. Troaa.
J. flavors, hoy.
1119 farnftOs Sb. 'O3017
H
engage a public hall when he felt he had a
message to deliver to the masses. It was
reported that Ppenoer was delivering a
tirade on the subject of reducing Omaha's
police force.
NORTHWESTERNSTARTS WORK
Articles of Incorporation of subsi
diary Company- Is Filed la
ionth Dakota
PIEBRE, 8. D., Sept. 14 (Special Tele
gram.) The first open move In the way of
extension of the, Northwestern road west
from this city is the filing of articles of in
corporation for the Pierre, Rapid City and
Northwestern Railway company, with head
quarters at Huron and a capital of 10,000.
The proposed line Is the Bad river route
through Stanley, acrosa the corner of Ly
man and Pennington counties to Rapid
City. The Incorporators are all officials of
the Northwestern system, R. W. Stewart,
attorney for the road in this state, and O.
H. McCarty, division superintendent, of
Huron, B. D. ; John M. Whitman, fourth
vice president; J. O. Redfleld, auditor of the
system, and Marvin Hughltt, president of
the road at Chicago.
The length of the proposed road la 165
miles and the estimated coat 130.000 a mile.
The further fact that the Duluth.
Pierre A Black Hills company, a local
Organization, has transferred to Marvin
Hughltt Its bridge franchise at thla city,
with a consideration that the structure be
a combination bridge and work to begin by
December 15, has banished all doubt of
Immediate active work on railroad exten
sion west.
CHICAGO, Bept. 14.-The Record-Herald
tomorrow will say: A race for the Pacific
coast Is said to be on between the North
western and the St. Paul railroads. That
the former purposes building such a line Is
indicated by the incorporation of the Pierre,
Rapid City A Northern railroad at Pierre,
S. D, The Northwestern has purchased an
old right-of-way surveyed and acquired
years ego and purposes commencing con
struction at once - Material has been hur
ried to Pierre, which la tho western ter
minus of the Northwestern, and everything
Is ready for the western race in construc
tion. The new line will take the tad river
route through Stanley county, across the
corner of Lyman county and through Pen
nington county to Rapid City, a distance of
lti5 miles.
At Rapid City the new line will connect
with a branch line of the Northwestern
connecting Dakota Junction with Deadwood
and Middle Creek. The St. Paul Is already
constructing an extension from Chamber
lain, S. D west almost parallel to the
North western's proposed route.
GOOD ATTE.MHANCB AT WESLKYAM
Over a
1'hon.and Registered I
the
Virion! Departments.
UNIVERSITY PLACE. Neb., Sept. 14.
(Special.) The Wesleyan university opened
this week with a larger-attendance than
ever before.- The number who have regis
tered in all departments reat-hes tha thou
sand mark. The conservatory of muslo
especially seems overcrowded. ,
This morning Chancellor Huntington
gave hla opening addresa to the student
body. Monday afternoon tha corner atone
was laid for tha C. C. White Memorial hall.
Qovernor Mickey waa preaent and intro
duced Bishop Hamilton, who made tha ad
dresa. Leigh Votes Water Bonds.
LEIGH. Neb., Sept. 14.-(8pceIal.)-A spe
cial election for voting on bonds for a
water works system was held here yester
day. The bonds carried by a large ma
jority, as-did the air pressure system over
the standptpe proposition. A small vote
was polled, which resulted aa follows:
For water and tax, yes, 78; for water bonds
and tax, no, 10; for air pressure system,
yes, 63; for standplpe system, yes, 18; for
elevated tank, 1. The bonds were for $8,000,
which, together with the cash already on
hand, will make about $11,000, which will
be available for the Installing of tha sys
tem. Everything will be In' readiness to
begin work In the early spring.
Two .Candidates for Ministry.
6 HELTON, Neb., Sep. 14.-(Sneclal.) The
second day of the Presbyterian, conference
was consumed principally by huslness ses
sions and the examining of two candidate
for the ministry. Reports by the various
delegates show an encouraging rendition of
the Presbyterian rharch throughout the
district. The meetings ' were all well at
tended and the church waa filled last even
ing to hear the sermon by Dr. T. H. Green
leaf and the singing of Evangelist Parish.
The pastor in charge of Sbelton church.
Rev. F. A. Mitchell, has been 'untiring in
hla efforts to make this a successful meet
ing and the members of his congregation
hava assisted him In every way possible.
ricnle Is Postponed.
KENNARD. Neb., Sept, l4.-(Speclal.)
The Modern Woodmen of America picnic,
which was to have been held at, Kennard
Thursday, September 14, has been post
poned to Tuesday, September 19. This will
be a big affair, aa all the camps In the
county will participate. No less than 1,000
people will be present.
Cono- rvsir.
Many people xhava gose craxy from dy
spepsia, constlpatioa, eto. Dr. King's New
Life Pills cure; JSc; guaranteed, tor sals
by Sherman a McConnell Drug Co.
Dntete Artist larared.
SAN FRANCISCO, Sept. H.-Prof. E.
Koirman, a well known artist from Hol
land and a recent arrival In this city,
was run down and probably fataly In
lured today by a street car. Ha Is Injured
lnternallv and may hava a' fracture of the
skull. His left leg Is broken. Koorman,
It Is said, gained fame aa an artist In
Holland. His works were well known and
admired throughout Germany and Franca.
Ha 1 about bi sr f age '
FOLMER'S POSITION UPHELD
Inferior Ceaartmait Panes on Appeal in
Bejd Count Land Ctie.
SETTLERS HAVE NO TITLE TO THE FARMS
Plaal Checking of State Fair Receipts
aad Esnendltnres Makes Bettor
bowing Thaa Board
Had Expected.
(From a Staff Correspondent.)
LINCOLN, Sept 14. (Special.) Again
haa tha aland taken by former Land Com
missioner Folmer In the matter of the Boyd
county settlers been vindicated by the De
partment of the Interior. Land Commis
sioner Eaton yesterday afternoon received
from the department a decision holding
that the land In controversy belonged to
the permanent school fund of the atate and
not to the settlers who claim It. The ap
peal from tha decision of Mr. Folmer waa
taken by O. W. McCright. The controversy
started when tha legislature authorised tha
land commissioner and the governor to
deed the land to the settlers. Mr. Folmer
refused to sign the deed because he held
thla land belonged to the atate and that
the settlers had no right to locate upon it.
Because Folmer and former Attorney Gen
eral Prout could not agree upon the line
of defense to be adopted by the atate In
the suit, Mr. Folmer employed Captain
Murfin and Judge Ryan to look after the
interest of the state. Governor Mickey
vetoed the bill which was passed by the
legislature to pay these attorneys for their
services.
Balance In Fair Fond.
The state fair board met last nlgbt to
check up the receipts and expenditures of
the state fair and at the close of the meet
ing the gratifying announcement was made
that the board had on hand S14.R8.67 and
all but a few minor bills had been paid.
Tbe board had on hand at the first of the
year 116.64fi.41. but It was the opinion of
nearly all the members that the expendi
tures for the late state fair would be far
In excess of the receipts. The details of
the receipts and expenditures are shown
In the following statement Issued by Sec
retary Bassett:
Cash on hand January 1. 1906 $15,048.41
Received from sale of general ad
mission tickets 15.4SS.50
From amphitheater tickets I.Rfifi.SO
From quarter-stretch tickets 4f5.25
From concessions 5, 135. To
From rent of stalls and pena 1.125.00
From speed entries l,36fi.0
From camping permit 2.50
From miscellaneous sources 8R2.40
From state appropriation, 1905..... S.onn.on
From railway coupons 10.462.75
Total 155,900.86
To total warrants lsued to Sep
tember 12, 1905 $21,955.98
To premium awards, Including
speed 14.624.R1
To claims audited and allowed 4.561.58
To balance 14,758.67
Total $55,900.80
SEVERE STORM OVER THE STATE
Much Property Is Destroyed by
Lightning.
ALBION, Neb., Sept. 14. (Special.) One
of tho most brilliant electrical storms of
the season passed over here last night.
For a considerable portion of the night
the vivid glare of the lightning, which waa
almost continuous, changed the darkness
Into the brightest light. The electrical dis
play waa especially bright for this season.
A heavy rain fell during the night, making
the second for the week, and the ground
Is now soaked to Its full capacity.
YORK, Neb., Sept. 14. (Special.) Last
night York experienced a violent electric
storm, accompanied by , over an inch of
rainfall, resulting in streets being flooded
and sewers unable - to carry ' away the
water. It was one of the heaviest rains
of the season for the time It rained, begin
ning about 4 o'clock In the morning. For
tunately, there was not much wind. The
lightning, of which there was Incessant
flashes, confined itself mostly to the clouds
and the detonations of thunder waa tha
loudest heard this summer. As far as
learned this morning scarcely any damage
was done.
NORFOLK. Neb., Sept. 14. (Special.)
Lightning played havoo In northern Ne
braska, starting several fires. A threshing
machine near Atkinson was burned when
two stacks, one on either side, were set
afire. In starting to run the machine away
from the blaze, a chain broke, so that the
big thing was Immovable and burned. The
loss waa $2,000 to $3,000. A new barn at
Crelghton, built by William Grunke, burned
to tha ground; loss, $1,000. Two cows were
killed near Meadow Grove and grain atacka
burned. The cottage belonging to the
American Beet Sugar company at Norfolk
waa atruck and terribly damaged. A family
within narrowly escaped death.
FREMONT, Neb., Sept. 14. (Special.)
Lightning this morning atruck a barn on a
farm belonging to Ira Williams of this
city, situated near Cedar Bluffs, and it
waa wholly destroyed, with its oon tents.
including four horses. A farm hand aaw
the blaae almost as soon aa It atarted, but
the whole building seemed all afire and It
was Impossible to get out tha stock. Loss
$1,600, with no insurance.
ST. PAUL. Neb., Sept. 14 (Special.) An
electrical ''storm visited this region last
night. The thunder and lightning dis
chargee were incessant, causing much dls
turbance to the telephone lines. A rain of
0.67 Inches fell, which will maintain most
excellent conditions for fall wheat.
PLATTBMOLTH, Neb., Bept. 14-(8peclal.)
Nelson Smith, a farmer, had a close call
from being killed during the storm Wednes
day morning. Ha waa out In his pasture
looking after hla stork, when a bolt of
lightning struck a fence nearby, the force
of the shock knocking Mr. Smith down and
rendering him unconscious. It. was some
time afterwards before he fully regained
his senses. Tbe same bolt of lightning
killed one of tha horses In tha pasture.
During the storm yesterday John T. Porter,
living three miles west of Murray, had
two fine horses struck by lightning and
killed.
PAPILLION. Neb., Sept. 14. (Speclal.)
Llghtnlng struck the house of Mrs. Copen
haver this morning at 8 o'clock, ran down
the chimney, burned all her clothing, bed
clothes and other things stored in tha sec
ond story. The heavy rainstorm saved the
house. The creek overflowed Its banks and
washed away some sidewalks.
Gas Conntr Democrats.
BEATRICE. Neb., Sept. 14 (8peclal Tele
gram.) The democrats of Gage county held
their convention here this afternoon and
placed In nomination the following ticket:
For treasurer, Jacob Klein; county clerk,
W. A. Foreman; register of deeds, William
Craig; county Judge, F. O. McGlrr; coroner,
Dr. B. M. Deardorf. Mlaa Anna Day, re
publican nominee for oounty superin
tendent, 'and A. J. Pethand, republican
nominee for surveyor, were endorsed by
the convention. Resolutions denouncing
graft in the management of county affairs
and calling for a grand jury were read and
adopted. Delegates were also named for
tha atate convention. Aa tha democratic
forces are lacking in numbers in Gaga, tha
convention waa poorly attended.
Frontier Rrpnbltcan Ticket.
STOCKVILLE. Neb., Sept. 14. (Special.)
The republican convention of Frontier
county was held at StockrllU and tha fol
lowing ticket waa nominated: L. H. Wy
more, treasurer; J. P. Pickering, oounty
clerk; J. 8. Perkins, sheriff; James A. Wil
liams, county Judge; Thomas Scott, super-
llatauda&t; fi. Rogu surveyor N, iL
Johnston of Curtis, commissioner of Sec
ond district. L. H. Cheney was re-elected
chairman and J. A. Williams secretary of
the central committee.
FARMER" EI.EVATOKS I COMBINE
York Paper Makes t harae roarernlsg
York Connty.
YORK. Neb.. Sept. 14. (Special ) The
York Times makes the statement that It Is
rumored the farmers elevators of York
have Joined the trust and says that the
Benedict elevator, the first of the farmers'
elevators In York county and about the
first In the state. Is said to belong to the
trust or the pool In York county. Many
farmers have remarked that they thought
there was an understanding between the
elevators and the farmers' elevators. There
seems to be a perfect agreement or under
standing aa to prices paid. Tha recent
changes In elevators at Bradshaw, this
county, and consolidation appeara aa If
everything at Bradshaw Is agreeable be
tween the elevator men. Including the farm
ers' elevator. Since the Times editorial no
farmers' elevator officer or any one con
nected with any of trie farmers' elevators
here In York county haa offered to deny
the statements.
Vwi of Nebraska.
BEATRICE Mrs. W. W. Iuberger enter
tained a company of friends last night In
honor of Miss Sarah Taylor of Galena, III.,
who Is visiting in the city.
BEATRICE The Fraternal Vnlon of
America held a largely attended meeting
last evening which waa addressed by
George A. Ostrom, atate organizer of the
order.
WOOD RIVER Dr. M. J. Redfleld was
taken to Omaha yesterday where he under
went a successful surgical operation this
morning. He has been sick for several
dais.
BEATRICE The members of Company C
to the number of about forty gave Captain
Giles a surprise at Ms home last evening
In Glenover. The evening was pleasantly
spent with games after which refreshments
were served.
PLATTSMOT'TH Henry. C. Stohlman
died In a hospital st Lincoln last evening
after an Illness with typhoid pneumonia.
The deceased was about 21 years of age.
The funeral will occur from his late home
at Louisville.
NEBRASKA CITY Art Sharp, a colored
man, was attacked by his wife last night
and severely cut with a knife. The affair
occurred on Central avenue and was the
result of a previous quarrel. Sharp re
fused to prosecute his wife.
BEATRICE The grain market at this
point remains practically unchanged. Wheat
is selling at 70 cents, corn at 43 cents and
oats at 21 cents per bushel. Corn has been
ripening fast the past week and most of It
will be out of danger from frost In a few
days.
NEBRASKA CITY-Elm Camp, No. 29.
Woodmen of the World, will hold a picnic
In this city on Friday and Saturday, Sep
tember 22 and 23. Popular speakers have
been secured and various amusements have
been arranged for the entertainment of
visitors.
BROKEN BOW Andrew Allen of West
ervllle, who died of pneumonia the fore
part of the week and was buried yesterday,
was one of the old and respected pioneers
of the county, having settled here many
years ago. He was b7 years of age and,
according to his legal advisor, Attorney
Dean, leaves an estate valued at $26,000.
NEBRASKA CITY Rev. J. W. Scott of
the Methodist church has announced to
the church trustees that he Intends to leave
the church In this city this fall and move
to Kansas where be expects to become
pastor of a large church In the eastern part
of that state. Rev. Scott has been pastor
of the church In this city for the past
three years. k
WOOD RIVER Earl Hoppell of this
place was taken to the Wise Memorial hos
pital In Omaha yesterday, suffering with an
Injury to his eye caused by a small piece of
steel flying Into it. The steel had moved
around and badly lacerated the gland of
the eye. He underwent a successful opera
tion this morning nnd It Is expected that
the eye can be saved.
NEBRASKA CITY Mrs; Earl Naylor of
Peoria, 111., died of appendicitis last night
at the home of her father, Frank J. Carson.
Mrs. Naylor arrived In the city about three
weeka ago to visit her father and a few
days after her arrival she was taken sick
with the disease which resulted In her
death. She waa 22 years of age and leaves
a husband and one child. t The Interment
will be made In this city,
ATCOOK Red Willow county has hither
to confined her efforts U taking first' pre
miums in the realm of fine cattle and In
agriculture, but this year It takes a place
in norucuiture ny capturing everytning
in sight In the line of premiums for peaches,
taxing nrst ror collection ana nrst on nve
separate varieties. S. C. King of McCook
exhibited more and better peaches than
any other and all other exhibitors In the
state at the recent fair.
AUBURN Last night Auburn and vicin
ity was visited with a very heavy rain,
lusting until morning. Ruin again began
to fall about 10 o'clock this morning and
for nearly an hour there was one of the
heaviest rains and worst electrical and
thunder storms that has visited this part
of the country this season. Some hall fell.
but not enough to do any damage at this
place. No damage has yet been reported
wrought by the storm.
BEATRICE The Beatrice Are department
held a meeting last evening and transacted
considerable business. John R. Kills, who
represented the department as delegate to
the National Firemen's convention at
Kansas City submitted a lengthy report
of the meeting. The delegates from the
various companies were also present and
submitted brief reports. The boys from
now on will be busy preparing for the state
association which meets here In January.
AUBURN The work on the "object les
son" road across the Nemaha bottom east
of town, which haa been In progress for
the past four weeks, haa been somewhat
Interfered with on account of the frequent
rains. However, they have been dong fast
work and have accomplished a great deal.
Nearly sJ0 men are employed In the con
struction of this road. The road haa been
closed for traffc for nearly two weeks and
will probably not be opened again for sev
eral months or until tha road la completed.
GENEVA Yesterday a fine rain fell
nearly all morning, making a sorry outlook
for the fair, but at noon the sun shone and
It cleared up finely, ao that Secretary Wil
aon and his assistants were kept busy until
night making entries and the art hall was
pretty well filled. The Geneva and country
schools have a tine exhibit; there are many
fine flowers and plants and vegetables, and
many exhibits In for the special premium
offered by Geneva State bank for the old
est family relic with a history. There Is
also a fine display of fruit. Today there
will be good racing and a ball game. Tha
stock exhibit is unusually large this year.
BROKEN BOW The Custer County fair
is now In full swing, and the crowds of
people it Is attracting bids fair to eclipse
all previous efforts. In addition to the
many attractions, a night street carnival
has possession or tne city square, which
has transformed the business section Into
a miniature "Pike" or "Midway." A severe
thunder storm struck the city during the
night and created some damage in the way
of washouts, but nothing serious. Two or
three of the larger carnival tents look as
though they had been dragged through a
reservoir of dishwater, but as the sun has
kindly made its appearance again those
aerects will disappear.
NEBRASKA CITY Henry James of Falls
City, who Joined the Sells & Downs
circus at tun I place, was slugged and
roobed by two circus employes last nleht
Tha assault occurred under the South Third
street bridge. He was severely beaten by
his assailants who robbed him of $8.10 In
money, his coat, hat, shoes and watch. He
has decided to abandon circus life and re
turned to Falls City today. A reserved
seat ticket seller belonging to the circus
was also slugged and robbed near the B.
& M. round house. His assailants secured
atout 112 in .money. The circus waa a
companled by grafters and pickpockets and
many amall crimes were reported to the
police.
BEATRICE Mrs. Harm Huls, who was
beaten by her husband at their home north
of town Wednesday afternoon, visited At
torney Klllen's office last evening and de
cided to Ale a complaint against Huls,
charging him with drunkenness. Huls is lit
Jail and will be kept there for a few days
In order to rlv him a chance to sober up
and regain his right mind, when he will
be given a hearing. In his crazed condition
he attempted to annihilate his wife and
six children and he no doubt would have
killed some of the members of the family
had not assistance arrived at the right
time. Last night he was so badly Intoxi
cated that he did not appear to realize tha
enormity of his offense.
ORD Cloudy and threatening weather
kept many people away from the opening
of the annual exhibition of the Loup Valley
Agricultural society's exhibit here today.
The display of live stock and farm produce
on the society's grounds is the largest In
the history of the organisation. The feature
of today's entertainment was the ball game
between teams from North Loup and Grand
Island. Fifteen Innings were required to
settle the contest. North Loup winning by
the score of t to 4. Tomorrow is Grand
Island day and a special train will be run
from that city under I tie auspices of the
Commercial club. Tha same ball teams
play again tomorrow, and Friday, the last
day of the fair, a big thoroughbred stock
sals win occupy tha attention of tu visi
tors. -
INDIAN TRUST FUND TAXABLE
Vantj Dtrired from Itla of Ties Ltndi
Snbjaat to liaeuatnU
SUCH IS DECISION OF JUDGE HUNGER
Solatloa of tho Q nest Ion Pot
l to Federal tonrt by
the Thorston Connty
Lltlsratlon.
"Indian trust and heirship funds held on
deposit to their credit are aubject to
taxation, aa any other funds."
Such is the gist of an important decision
handed down by Judge Munger In the
United Stataa circuit court, Thuraday
morning in tha case of the United Stataa.
against tha oounty of Thurston, state of
Nebraska.
An effort had been made by tha county
treasurer and tax officials of Thurston
county to assess, for taxation, some $70,000
Indian heirship funds belonging to the
Winnebago and Omaha tribes of Indians
that had been realized from the sale of
Indian lands formerly belonging to these
Indiana and located In Thurston county.
This fund was on deposit to tha credit of
the Indians In tha Security National bank
of Sioux City, subject to check by the
Indians under certain restrictions and
rulea made by the secretary of the interior
In order to protect the Indians against
their general Improvidence and ahiftless
ness, and was made payable to them In
sums of $10 per month each, or In a greater
sum If the prudential considerations would
warrant.
United States District Attorney Baxter
on behalf of the United States enjoined the
collection of this tax by the Thureton
county authorlites on the ground that the
fund waa a trust fund and not aubject to
taxation any more than the lands would
be. Tha Thurston county officials, rep
resented by County Attorney W. E. Whit
comb, Thomas L. Sloan, of that county and
Attorney Corbett of Sioux City, demurred
to the bill and Injunction applied for by
tbe United States authorities and this de
murrer waa argued during tha present
week.
Gist of Opinion.
In handing down his memoranda opinion
In the case. Judge Munger, In the lengthy
course of It says:
I'pon the granting by congress to the In
dian of the fee title to land without any
conditions, such land unquestionably would
be subject to taxation the same as land the
title to which belonged to any other citizen;
or, In other words, the property of an In
dian who has become a citizen of the
United States under the act of congress
mentioned Is subject to taxation under the
laws of the state the same as like property
held In like manner by any citizen of the
state.
It was not the Intention of congress that
the secretary of the Interior, as a condition
Of giving his approval, should provide that
the United States should retain the fund
derived from the sale of these lands. Under
the regulations of the secretary of the In
terior the fund Is not deposited to the
credit of the United States, but to the
credit of the Indian. If any trust relation
exists between the United States and the
Indians as to the fund It is by virtue of a
private contract made by the Indian and
not by virtue of any act of congress.
I am clearly of the opinion that the
United States has not such a beneficial In
terest In the fund In question as to ex
empt such fund from taxation by the
state; hence the demurrer Is sustained and
the bill is dismissed for want of equity.
The decision is one of the most Important
recently given in reference to Indian affairs
In tho west and will be widespread In its
Influence and Importance. In Nebraska
alone it Involves the possibility of the tax
ation for state purposes of over $160,000 of
Indian funds.
Attention Musicians.
Members of the Omaha Musicians as
sociation are hereby notified to report at
Fifteenth and Harney, at 1:30 p. m., Fri
day, September 16, to attend the funeral
of Brother J. I Laplne.
J. THIELE, Secretary.
FORECAST 0FTHE WEATHER
Fair Today nnd Tomorrow In Ne
braska, Except Showers la
Southeast Portion Today,
WASHINGTON, Sept. 14-Forecast of
the weather for Friday and Saturday:
For Nebraska Fair Friday and Satur
day, except showers in southeast portion
Friday.
For Iowa Showers Friday, cooler in west
portion; Saturday, fair.
For Kansas Showers and cooler Friday;
Saturday, fair.
For South Dakota Fair Friday, cooler in
east portion; Saturday, fair.
For Colorado and Wyoming Fair Friday
and Saturday.
For Missouri Showers Friday, cooler in
eaat portion; Saturday, fair.
Local Record.
OFFICE OF THE WEATHER BUREAU,
OMAHA, Sept. 14. Official record of tem
perature and precipitation compared with
th corresponding day of the last three
years: 1905. 1904. 1908. 1902.
Maximum temperature.... 80 64 49 -78
Minimum temperature.... (i
Mean temperature 73 53 46 64
Precipitation 22 .00 .68 .00
Temperature and precipitation depar
tures from the normal at Omaha sines
March 1, and comparison with tha last two
year:
Normal temperature 93
Excess for the day 7
Total excess since March 1 272
Normal precipitation 10 Inch
Excess for the day 1! Inch
Total rainfall since March 1... .18. 26 inches
Deficiency since March 1 5.80 Inches
Deficiency for cor. period. 1904. . 2. f9 Inches
Excess for cor. period. 1903 5. 83 Inches
Reports from Stntlons at T P. M.
Station and State Tern. Max. Raln-
of Weather. 7 p. m. Tern
em. fall.
78 .!
80 .(
70 .00
70 .06
84 .00
74 .(
'0 .00
84 .Ou
7 .31
86 .00
80 .04
7 .00
82 .00
70 .50
78 .00
82 .00
74 T
Bismarck, clear 70 t
Cheyenne, partly cloudy. ...74
Chicago, cloudy 66
Davenport, cloudy 6S
Denver, clear 7S
Havre, clear
Helena, clear 64
Huron, clear 76
Kansas City, raining 68
North Platte, clear 78
Omaha, cloudy 76
Rapid City, clear !
St. I-ouls, cloudy 78
St. Paul, clear 68
Salt Lake City, clear 74
Valentine, cloudy 76
Wllllston, cloudy 64
"T" Indicates trace of precipitation.
L. A. WELSH, Local Forecaster,
RAIN COATS
The new
1 Fall Styles
n men's cravenettes
are In
the moat serviceable garment
worn a superior line In STYLE
and WORKMANSHIP.
Pease Bros, Co.
ie it parr am rr,
Aged Woman Cured of Consump
tion and Hemorrhages
Mrs. Mary Griffls of Albion, Po., Restored lo Rigor
ous Health by Duffy's Pure Malt Whiskey, Rec
ommends it as the Greatest Medicine for Weak
and Aged People.
"I Was Mere Skeleton from Consumption of the Liver and He mor
rhage, and Helpless as a Baby, but Now, at 64, I am In Perfect
Health, and Duffy's It My Constant Medicine."
r ,rpif flaw a eatiijuii . it 'rtftffftffUVffftlllff
, fi I'iN Hi
if
ft hfS, I
in
a i M T I i sr. -V. :: . ' '. T T.
" ft.
ffffi' ' - - - .
MRS. MART C.RIFFIS.
"I hare taken Duffy's Pure Malt Whiskey for almost one year, and T can truth
fully and conscientiously recommend It to everyone as the hest medicine for weak and
aged people. One year ago last winter I was taken very seriously ill with what the
doctors called hemorrhages and consumption of the liver. From February to the lat
ter part of May I could not turn over In bed nnd was almost as helpless as a baby. I
was a mere skeleton. I was advised to take Duffy's Pure Malt Whiskey, and It cer
tainly Is better than any medicine I ever took. Today, at (A, I am In perfect henlth
and never have to call on a phvslclan. Duffy's Is my constnnt medicine, and I never
will be without It." MRS. MARY GRIFFIS, Albion, Pa. May 24, 1905.
Duffy's Pure Malt Whiskey
Is the positive preventive of consumption, hemorrhages, bronchitis and all diseases of
the throat and lungs, and hundreds who have suffered with these dread complaints say
that their return to vigorous health Is due to Its prompt and regular use. It Is pre
scribed by phvsiclans of all schools as the sure cure for dyspepsia. Indigestion and all
stomach complaints. It Is the greatest tonlc-lovlgorator known to medicine, and thou
sands of old people the country over are kept healthy and strong by Its regular use.
Duffy's Is the only. whiskey recognised by the government as a medicine and Is en
dorsed and recommended everywhere by ministers and temperance workers. Guaran
teed to be absolutely free from fusel oil
CAI'TIOX When yon oak for Daffy's Pore Malt Whiskey be sure yon Bet
the aennlne. Dishonest dealers will try to sell yon cheap Imitations and
substitutes, which are pot on the market for profit only nnd are positively
hnrmfnl. Demnnd Dnffy'a nnd he sore yon sret It. Sold by every reliable
drnsralst and a-roeer In the conntry, or direct, $1 a bottle. Look for the
trade-mark, the "Old Chemist," on the label, nnd be certain the seal on
the cork Is unbroken. Address Duffy
n
mmm
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T' .. A'w.
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.
It leaves Omaha... 7:25 a. m.
It arrives Chicago 8:45 p. m.
AFTERNOON OHICAGO TRAIN
Number 2.
It leaves Omaha ..4:00 p. m.
It arrives Chicago ......7:20 a, m.
Tickets, berths, folders, rates and Information at
City Ticket Office. 1502 Parnam St.
lAEfcao
1
REDUCTION IN THE PRICE OF GAS
After October 1st, 1905, the price of gas will be $1.25 net.
After October 1st, 1906, tbe price of gas will be $1.15 net.
The Omaha Gas Company begs to announce that the
price of gas will be reduced to all consumers ten cents per
one thousand cubic feet on all bills contracted after October
1st, 1905, and payable on or before the 10th of the following
months.
Bills will be rendered at - - - $1.35 Per M.
With a discount of 10c per M - - .10 Per M.
Making the net price $1.25 Per M.
A further reduction of ten cents per one thousand cubic
feet will be made on all bills contracted after October 1st,
1906,-payable on or before the 10th of the following months.
Bills will be rendered at - $1.25 Per M.
With a discount of 10c per M - - .10 Per M.
Making the net price .... .""$1.15" Per M.
These reductions are made in accordance with the
policy of this company in its endeavor to give to its patrons
the best service at the lowest price.
OMAHA GAS COMPANY
V I
A
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M
pffi
Malt W hlskey o., Rochester, . Y.
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KIT!
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