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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 15, 1905)
THE OMAHA DAILY BEE: SUNDAY, OCTORER 15, 1905. 3 ELEVATOR MEN FILE ANSWER Attack Comtitnt'.onalr.j f Lawi Intsided to Eegula'.a Their Business. REV, HEINER HOLD, hi WHIP ROW NOW (lorrrnor Mickey Displeased Becaaa Hrmbfri of State Board of Chart tire ill t'orreetloae Mliea Ip la the Affaire, (from Btaff Correspondent.) LINCOLN, Oct. 14. (Special.) Tha Omaha Llevator company filed ita brief In the grain case thla morning and It contain considerable legislative Information, and at :he same time attempta to declare unconsti tutional all laws enacted by the legislatures of years past affecting grain dealers, to gether with the repeal of the 1887 act by Implication by the 106 act, under which It holds, therefore, the action Is brought. Discussing the laws passed up to the 1906 law the attorneys say In their brief: The law of 1R Is Invalid, for the reason that the Mil as Introduced and as voted pleased that members of the State Board of Charities and Correction should have taken part In the proceedings yesterday, especially as It was stated that the com mittee had been sent out by the chief eiecirtlve. Governor Mickey knew nothing of the matter until Just before noon, when John Davis, secretary of the board, told him that they Intended going out to the home. "Several parties have come to me with stories about the home," said Governor Mickey, "but I have no authority In the matter. I Instructed Mr. Davis to keep his eyes on the Institution and If the In mates needed anything to eat or any cool that the board would have to take care of them and not let them suffer. The Toard has no authority to displace Mr. Helner nor Mrs. Helner, and as Mr. Hctner will have to sign the deed before the property can be taken from him, I don't see where he can be ousted. I shall speak to Mr. Davis and to the other members of the Board of Charities ami Corrections and tell them to look after those things which come under their Jurisdiction." Rev. Helner said this morning that he Intended to employ a good, reliable man to look after the Institution and he thought he would have the backing and the sup- rVarer. 'u iijM ' ewould with a title affecting manufacturers "and "Investigators," and that there would De dealers" was engrossed and signed, but no more complaints. Attacks Eleetloa Law. The leaal deoartment of the state Is busy preparing an answer to the petition of C. H. Hensley of Gage county, who oeaires a mandamus to compel the county clerk to thA till trt lha hill BFhn jrtw lirw.rt t .1 ' not have the "and dealers" In It. act engrossed and signed affected nut his name on the Ucket as the nominee r.nrvXT;Pord.rnoTc?nta?n register of deeds In hi. petHlon The act of 1893 does not nurnnrt to afreet Brain men. The first act of 1197 Is Invalid for the reason that the bill as engrossed and signed was never voted upon. The title m me act ' trade a uuuw-nj niiii vuiea upon am noi contain - .. ...... , r.nvA the words "and business" In the title. This Hensley alleges that the law which knocaea s a very material alteration, as "business" out the election of registers or aeeas. en refers to insurance cnmnanle nrnf.inn 1 . . . . . . , m invnliA and probably a hundred occupatTon. not "" , . l 'K 'ZZ? t A emnracea Dy the term of "trade." I oecause n wm - ine second act of 1K97 Is Invalid A kill with vearlv elections and lnasmucn as me w ,nl ,r-n unoer a title "a bill for an biennial elections bill was declared uncon stltutlonal this law also Is unconstitu tional Two More Cases of Fever. Two new cases of typhoid fever developed at the Insane hospital yesterday and there Is one inmate who It Is thought will shortly develop a case as he has typhoid symptoms, The rigid rules regarding the drinking or boiled water and other sanitary regulations are being enforced to the letter and Dr. Greene feels very hopeful. Yesterday and today were the critical days Insofar as new cases are concerned and as only two cases developed Dr. Greene Is hopeful that act to prohibit combinations among grain elevator men. and to provide a penalty lhrefr2!!- Tn, we wl" cal1 the short title bill. The committee to which It was refer red attempted to substitute for It a bill with a title as long as the moral law, the Sr-wi ' every sense a different bill. The result wss that the short iim kiii was voted upon, but the long title bill was rn,.- na signed, and hence neither This leaves for consideration onlv the 5fi.?.f 1887' n? the act of 1906. And the question Is. wn!?h one of them governs ...i cer i coniess the matter Is not free from doubt. I will also sav that In ei.air or mv clients l do not know that Lcaw?. wM " " the one. But while admitting there s a doubt T in.i.t ,h. correct rule to apply will he to hold the the worst Is over. All of the patients who former law la reDealed hv Imnlieatinn The brief contends that the 1887 law Is a general law and was repealed by impli cation by the 1906 act. Therefore the case must come to trial under the 1906 act, and that acts committed prior to the passage of that law can not be considered and an in mis rase will not lie. If the are 111 are doing as well as could be expected. Canal Work Progressing. Senator Burkett this morning received a letter from E. Zook of the Isthmian Canal commission In which It was stated that the work on the canal was progressing nicely. Mr. Zook said: "Notwithstanding the LIGHTNING TAKES ELEVATOR Bararal Tim Remit from Sleotrioal Btorm ia Gaga Ootstj. TEAM OF HORSES . BURN IN BARN Damage to Property la and Arena Beatrice Is Estimated at Iswardi of "Is Taonsaad Dollars Rainfall la Heavy. BEATRICE, Neb., Oct. 14 (Special Tele gram.) One of the worst electrical storms of the season, accompanied by a heavy rainfall, visited this locality thla morn ing, doing considerable damage to property. The elevator owned by Ewart St Wilkin son Grain company at Hoag was struck by lightning and burned to the ground. There was a considerable amount of grain In the building. The loss Is placed at $6,000, par tially Insured. A small barn belonging to Louie Graff, In West Beatrice, and ona on the farm of M. A. Seibert, north of the city, were struck by lightning and con sumed. Mr. Seibert lost a valuable team of horses, twelve tons of hay. harness, etc. The loss will reach $1,000. with a amall amount of insurance. In trying to aave hla horses, Mr.. Seibert had his hands se verely burned. Lightning haa destroyed two barns on the same foundation within a year. Telephone and telegraph lines were badly damaged by the storm. GENEVA, Neb., Oct. 14. (Speclal.)-There was some thunder and lightning during the night with a little rain. A light drlxxls has continued throughout the day. name a person who will do this work with out prejudice. The son of John Is also the petitioner In the administrator case. He asserts that his mother, so far as known, died Intestate, leaving a considerable estate, consisting of money and real property. In this action it la also asked that a person be named who will discharge the duties Incident to the position without prejudice to any of the heirs. While It Is not set forth In the ap plication for an administrator. It Is alleged that Mra. Smeall or her sister, Frances, secured In some way a considerable part of the mother's property before her death. These facts will, of course, be brought out In the hearing of the case. An attempt will be made to show that the part of the property so secured was something like $4,000 In money. Mrs. Smeall has already taken the matter up with an attorney and. It Is understood. Is preparing for a vigorous legal battle. The question of the division of the property was discussed by her at the time of the trial of Joe Budnek on the charge of assault, preferred bjf his sister Frances, two or three months ago. At that time Mrs. Smeall declared the had no selfish Interest In any division which might be made, but that she wanted pro vision to be made for the care of Frances. John Budnek's brother-in-law has signed hla bond for $6,000. Orchard & Wilhelm Carpet Qo. Our New Store. 4.44l6'31S South Sixteenth Street 2KSftRBEN CARPETS ON SALE MONDAY IN THE CASEMENT ALLIANCE HAS SNOWSTORM la BIDSEK TROIBLE9 MILTIPLY . . repea,f"' lhe" the new law newspaper reports the work here Is pro- Is not In effect as against grain men. la such event the rebate paragraph, provided oniy oy the new law, should be stricken out of the petition, for there Is no law upon which to base It, and the Injunction snouid be dissolved. Brief la Inheritance Tai r. In the case wherein the county attorney of Douglas county seeks to compel by mandamus. Judge Vlnsonhaler to appoint nypraisers lo pass upon the estate nt Frank Murphy, deceased, under the terms of the Inheritance tax law. Crofoot A Hcott in Willi a Drier miS morning In SUD- mnoh nrrv nrl trnilhl Rven thoueh the port of Judge Vlnsonhaler'a contention that appointment of Judge Paul Jessen had been unconstitutional, in the brief announced a day ago. Senator Burkett re lum"n"on " made that the law Is celved a bun.cn of applications for the place unccnaiiiuuonai because It Is In conflict thi. mrn.lr As Senator Burkett made his witn the provisions of section 1 article U recommendation to President Roosevelt be or the state constitution, for the reason fore he left Washington and before anyone that the power of the legislature to raise had filed a claim on the place, It will only revenue for state purposes Is thereby llm- be necessary for him to send the newspa- "co lo lnt taxation or property apd fran- per clippings to the belated applicants cnnes ana tne pcoupatlons therein des- Senator Burkett left tonight for Glon- gresslng rapidly and satisfactorily." He re ported also that his health was very good. Mr. Zook was appointed .to a place under the commission upon the recommendation of Senator Burkett and Is certainly making good. He went from Nebraska City a year ago and Is now entitled to sign hla name superintendent of tracks." Bnrkett Saves Troable. By acting promptly In naming a succes sor to Judge E. A. Tucker, who resigned a few days ago as a territorial Judge of Ari zona, Senator Burkett has saved himself ignated Governor la Displeased. i no committee that investigated the Tabltha home yesterday afternoon and paasea resolutions endorsing Rev. Helner wood, la., where he will spend Sunday at the home of his mother, returning to Lin coln Monday evening. Royal Highlanders Appeal. The Royal Highlanders have appealed to and appointed a committee to take over the supreme court from the decision of the the management of the Institution, finds cnuntv board of Hamilton county, which Itself this morning In a peculiar position In overruled the protests of the society against that It doesn t know how to proceed. Some the assessment of Its securities. Its real es- of Its members realize for the first time tate, furniture and fixtures. The order re- that they can do nothing unless Mr. Helner turned, under protests, property as follows: wants It done, as he holds the key to the I Real estate, with building In course of con situation In that he Is the principal stock- struction and constructed, $21,238.56; furni holder In the corporation which holds the 1 ture and office supplies, $1,200; credit bal- deed to the property. uovernor Mickey was very much dls- What Sulphur Does Pur tha Human Body in Health and. Disease. The mention of sulphur will recall to many oi us ins eariy aaya, wnen our mothers and grandmothers gave us our dally dose of sulphur and molasses every fcprlng and fall. It was the universal spring and fall ances In DanKs, H3.wi.ib; securities de posited In the office of the auditor according to law, $456,900. As to this latter Item the order filed the following protest with the board Said securities are deposited with said auditor and in compliance with the terms of the statutes of this state In such cases made and provided, said securities being of the kind and class authorised and per mitted In such ca by law. Said securities and all of them are claimed as wholly ex empt from taxation, for the reason that the same have been fully and wholly devoted to and are being UBed exclusively for chari table purposes, and for the further reason that said securities constitute a credit of said society and that said credits are ex ceeded by the liabilities of said Royal High- landan run I po rt ti ttnA nnw vlMtfnr and "blood purifier," tonlo and cure-all. and. srowln out of its said business, said fiablli- pilnd you, thla old-fashioned remedy was ties being on Its certificates duly Issued nut without merit. prior to said April 1, 1906, the same being In TH IH w . I nmiuicu aim 111 wn uuiiiaiu, uu. " u i u w i cincu y was crude and unpalatable, .and a large quan-llMTED PRESBYTERIANS MEET tlty had to be taken to get any effect. Nowadays wa get all the beneficial ef- Omaha Men Active la Work of the fecta of aulpbur in a palatable, concen-1 Church la Ncbraaka, trated form, so that a single grain is far I ORCHARD, Neb., Oct. 14. (Special.) The more effective than a tablespoonful of tha twentieth annual meeting of the United -rude sulphur. PreBbyterlan synod of Nebraska closed Its In recent years research and experiment sessions yesterday at Orchard. The synod have proven that tha beat sulphur fo includes the churches of the denomination medicinal use Is that obtained from Cal- i Colcrado. Rev. D. R. Turnbull of the clum (Calcium Bulphlde), and sold in drug Klrst church, Omaha, was elected mod- siores uoaer me nam. oi ciuan s calcium erator. and J. S. Colvln of Pawnee, clerk. Wafers. They are amall. chocolate-coated ah renort. showed, a condition of sreat peuei. ami conioin lao acuve meaicinai promise for the coming year. It Is ex prlnclpla of sulphur in a highly concen- ted that a considerable amount of new Will K Will w Ulin, , Rev. W. F. Johnson of Omaha was elected general missionary of the synod, and a missionary committee was appointed consisting of Rev. W. S. Sturgeon of Mln den. Neb.; Rev. A. W. Jamleson of Love land, Colo., and Rev. B. B. A. McBrlde, W. T. Graham and William Balrd of Omaha. W. T. Graham to act as financial secretary. W. G. I're and William Balrd were ap pointed as members of senste of Mon mouth college. The next meeting of the synod will be held at Lincoln. Three Lawsuits Already Started Be tween Members of Family. HASTINGS, Neb., Oct. 14. (Special Tele gram.) The troubles In the Budnek family are becoming more complicated. A cow, a calf and a dog are now figuring in the controversy. Proceedings have also been started for the appointment of a guardian for John Budnek, sr., father of the man bound over for the shooting of Peter Smeall. But that Is not all. An application was filed In the county court late this after noon asking for the appointment of an administrator for the estate of Mrs. John Budnek, whose death was the Immediate cause of the Sunday morning disturbance. Yesterday and today were busy days for the Budneks. The first event of importance was when Mrs. Smeall invoked the aid of the authoritlea In keeping her brother, Frank, away from her home. That little matter was soon settled, Frank agreeing to leave town rather than remain In Hast ings and be arrested. Later in the day a conference of the antl-Smeall faction of the family was held and plans were laid for the recovery of the cow and calf, which. It Is asserted, have been ulawfully detained by Mrs. Smeall. Then the still more serious mat ter of the division of the estate of the dead woman came up and It was decided to take the first steps today. In the bovine proceedings, Mrs. Naulteus has taken the part of plaintiff. She affixed her signature to an affidavit setting forth that she Is the owner of the quadrupeds. This document was filed in the court of Justice Morledge, who forthwith, about 6 o'clock yesterday afternoon, Issued a writ of re plevin for their recovery. Sheriff Hill served the process, and there was much crying as the cow and the calf were led out of the Smeall yard. A dog, whose legal ownership Is not thus far Involved Joined In the procession, and the three peaceable animals are now In the custody of Mrs. Naulteus. The warrant was made return able on October 19, at which time Mrs. Smeall must appear before ' Justice Mor ledge and show evidence of her ownership, provided she wishes to have the cow and the calf returned to her care. The dog, having already expressed a preference, Is expected to follow the cow, so that its fate, too, hangs upon thi decision to be given by the Justice. John Budnek, Jr., the accused, figures as the plaintiff In the guardianship pro ceedings. While this Is supposedly a friendly move, both father and son resid ing under the same roof. It Is important for the reason that It contemplates taking away from the old man the function of looking after his property. The petition sets forth that because of his extreme old age, John Budnek, sr.. Is Incapable of transacting business or looking after his property rights. The court Is asked to First Real Winter Prcclaltatloa State Is Reported. ALLIANCE, Neb., Oct. 14. (Special Tele gram.) Although snow flurries have ap peared here twice before this season the first snowstorm arrived early this morning and continued until noon, at which time It changed to a drlxxllng rain. The prospects are favorable for more snow, as it is now growing quite cool. 1 53c 49c 28c 95c 79c Stranger Loses Foot. .DAKOTA CITY, Neb., Oct. 14 (Special.) While attempting to board the north bound passenger train here last evening after the train had started, a stranger by the name of Johnson, who had been em ployed with the track laying gang on the Great Northern railway, missed his foot hold and fell between the platform and train, one leg going under the train, cut ting It off below the ankle. The train, which was In charge of Conductor Young, was stopped and the Injured man placed aboard and taken to Sioux City to be placed In the hospital. Few people are aware of the value of this form of sulphur in restoring and main' talnlng bodily vigor and health: sulphur acts directly on the liver and excretory organs and purities and enriches the olood by the prompt elimination of waste ma terial. Our grandmothers knew this when they dosed us with sulphur and molasses every spring and fall, out the crudity and im purity of ordinary" flowers of sulphur were often worse than the disease and cannot compare with the modern concentrated preparations of sulphur, of which Stuart's Calcium Wafers Is undoubtedly the best and most widely used. They are the natural antidote far liver and kidney troubles and cure constipation and purify the blood in a way that often surprises patient and physician alike. Vr. R. M. Wilklns, while experimenting with sulphur remedies, soon found that the aulphur from Calcium was superior to any other form. He says: "For liver, kidney and blood troubles, especially when re sulting from constipation or malaria, I have been surprised at tha results ob tained from Stuart's Calcium Wafers. In patients suffering from bolls and pimples and even deep-seated carbuncles 1 have repeatedly seen them dry up and disappear In four or five days, leaving the skin clear and smooth. Although Stuart's Calcium Wafers is a proprietary article, and sold by druggists, and for that reason tabooed by many physicians, yet I know of nothing so aafe and reliable for constipation, liver and kidney troubles, and especially la all forms of skla disease, as this remedy." At any rate, people wbo are tired of pills, cathartics and so-called blood "puri fiers" will find In Bluart s Calcium Wafers a far safer, more palatable and effective preparation. . . Mad of the finest" artecled Barley sad imtorttl Boheutiaa bopa. News of Nebraska. PLATTSMOUTH More than one Inch of rain fell In this vicinity last night. BEATRICE The Crabtree Forensic club met last night and Installed officers for the coming year. PLATTSMOUTH The remains of Thomss F. Whalen arrived from Roanoke, Va., for Interment In Oak Ridge cemetery. HARVARD The Clay County Medical association held its meeting and banquet Friday, with an attendance of twelve phy sicians. PLATTSMOUTH The remains of Mrs. Thomas Junda were brought from Crete to this city and interred in the Catholic cemetery. PLATTSMOUTH-The concert given by the Bohemian Male quartet of Chicago Saturday evening In the Ted J. Sokol hall was hlsnly appreciated. BEATRICE Qolte a heavy thunderstorm, something unusual for this time of the year, visited this locality last night. The rainfall was not heavy. GENEVA The agreement among the local stores to close at 6:30 p. m. Is not being uniformly adhered to. Several of the merchants Insist on keeping open until late In the evening, closing Just whenever they please. GENEVA While driving near the depot Mrs. Harvey and Mrs. Mercer were thrown out. the horse becoming frightened at the cars. The buggy upset and both women were considerably hurt. Mrs. Mercer's face being badly cut. NORFOLK The second semi-annual meeting of the Northeast Nebraska Dental association will be held in this city, at the kik ciuo rooms, October zi. The program includes a numDer or papers and some in teresting table cllnlos. BEATRICE Frank MumTord, a promi nent young farmer living northeast of here, shipped a carload of fat hogs to St. Joseph Thursday which lacked 2 cents of topping the market. He received $5.15 per hundred for the stock, which was extra fine. BEATRICE The annual convocation for the clergy of the diocese of Nebraska will be held In this city November 7 to 10. Bishops Worthlngton and Williams, and also many prominent priests of the diocese will be present and take part In the discus sions. HARVARD-A cold rsln fell Saturday, after several days of warm, pleasant weather. Stack threshing has been pushed to completion under the Influence of the pleasant weather .during the past two weeks, as winter wheat seeding Is nearly over. BEATRICE Work on the new toll Una between here and Lincoln, which is being constructed by the Home Telephone com pany. Is progressing rapidly, and It will not be long before the company will be able to furnish Its patrons with the best of service. BEATRICE H. E. Byram, general super intendent of the Burlington; C. E. Bpens, general freight agent, and C. B Rodgers, superintendent of the southern division, These carpets were used the night of the Ball nt the Pen, comprising 1,000 yards velvet carpet, 2,500 yards ingrain carpets, 3,000 yards matting. All go on sale, Monday morning in the basement. Bring measurements of your rooms. 78c all wool Ingrain Carpet, sorted out into three lots the best patterns have been C C selected and nlncpd in one lot to sell at. tier vard x - w i The next best patterns have been sorted out and placed in a lot to sell at, per yard The third lot, consisting of ingrains, best all wool, slightly damaged, sell at, per yard 45o half wool ingrain carpets, per yard VELVET CARPET The best quality $1.25 goods, will go at, per yard Extra quality velvet carpet regular price $1.10 will go at, per yard MATTINGS The quality of matting we used in the Den was much better than the aver ageregular price was 18c to 35c per yard on sale 4 1ft ft Monday at, per yard IOC ART SQUARES, ALL WOOL These were used on the walls of the ladies' dressing room and entrance to the Den 9x12 regular price $9.75 A on sale at OaJ Other sizes correspondingly low. The above goods all on sale Monday in the basement of our new store. Big Rug Sale Monday, Second Floor VTe want the people of Omaha to visit our Rug Department in our new store, and as a special inducement we offer a quantity of rugs at very special prices. Never have we sold rugs of like quality at such prices. Wilton Rugs, 9x12, sell for $35 to $40 each our price Monday Brussels Rugs, 9x12, that sell at $17 and $20 our price Monday Bigelow-Axminster Rugs, 30x60 in., that sell for $4.50 and $5 our price Monday The above rugs on special sale Monday on our second floor. 27.50 12.00 2.75 3B were in the city yesterday, arriving here In Mr. Byram's private car. The party went from here to Wymore. BEATRICE Harry Wright, the telephone lineman who was so seriously Injured here Tuesday by falling thirty-live feet, and his companion, Lester Williams, being killed. Is improving. The attending physician Is now of the opinion that he can save his right arm, which was badly broken. BEATRICE Three of the fifteen chicken pickers who quit work at Henry Fishback s poultry house Thursday because they were dissatisfied with the wages paid returned to work yesterday. Several men arrived here from Omaha yesterday to take the places of the men who walked out. BEATRICE J. O. Brlnkerhoff of Kan sas City, superintendent of the Kanxas di vision of the Union Pacific, arrived here last night and was Joined this morning by General Superintendent Parks who came from Omaha In hla private car. The officials left for a trip over the Kansas division. PAPILLION Over $800 worth of machin ery has arrived in Panllllon for the manu facture of cement brick and tiling. Messrs. Tower and Berkandt are going ahead erect ing tne ttuuaing on tne Missouri racinc right-of-way. Large Quantities of cement and sand are now on hand for the factory. HARVARD The schools of Harvard had a vacation Friday, the teachers being al lowed the day by the school board to visit other schools, some ging to Lincoln and others to York. This opportunity to visit other schools has been a standing rule for several years and is a day well spent. PLATTSMOUTH A reception waa given last evening at the home of Hon. R. B. Windham by the Knights and Ladles of Security In honor of Mr. and Mrs. Morgan Way bright and Attorney and Mrs. A. J. Beeson, members of the order, who depart next week for Los Angeles, Cal., to re side. PLATTSMOUTH The Woodmen of the World have decided to hold the First dis trict convention in this city the latter part of Novembsr. Delegates from six camps and the officers of the grand lodge will be here. The program will consUt of lnetru menttl and vocal music, addresses and elq cutlonarv recitals. BEATRICE The Knights and Ladles of Security held a largely attended meeting last night, at which these officers were In stalled, district Deputy u M. i nomas assisted by the degree staff, acting as In stalling officer: T. V. Rhodes, president; Ezra Iloyle, vice president; Mrs. Campbell, prelate; Jennie Walker, financial secretary; I Lillian Rhodes, corresponding secretary; E. M. Gashaw, treasurer: Pearl Eichhorn, con ductor; W. H. Horner, guard; W. H. Walker, sentinel. After installation a ban quet was held. BEATRICE A water color picture of the new Burlington station has been received at Burlington headquarters here. The main building Is to be 32x4t feet, two stories high, and the two waiting rooms 36x35. Kx cluslve of the baggage room and lunch room, the building will be 116 feet in length. It will cost about w,(JW. BEATRICE The Woman's club held Its regular weekly meeting yesterday after noon. Tne program was in tne an ae- iftrtment. Mrs. M. B. Davis was leader, 'he subiect. "Early American Art." was discussed at length by the members of the club. Including addresses by Mrs. Davis, Mrs. G. E. Emery and others. PAPILLION There is some complaint that the local train service does not allow residents of Paplllion visiting Omaha suf ficient time to transact business and return the same day. It is hoped that when the winter schedules go into effect the morn ing train will run at least an hour earlier, as formerly. At present many prefer to drive. PAPILLION Mra. Herman Boling. while driving home from Panllllon thla week, met with a severe accident, i ne norsa Decame frightened and ran against a post set for rural mail boxes. She was thrown out. but held to the lines, although badly hurt. Dr. Armstrong was called ana touna sne had sustained a badly sprained shoulder and was otherwise bruised. She will be laid up for several weeks. HA8TINGE County Attorney Olmsted served notice on William Kerr, owner of the Kerr opera house, that proper lire es capes must be provided for the opera house in accordance with section fifteen of the complied statutes of Nebraska. It Is understood that Mr. Kerr haa said he would close the house before he would comply with the demands of the law. ALBION The case against Burch A. Baldwin, charged with subornation of per jury, has taken the attention of the court this week. The Jury went out Friday noon. This has been one of the most hotly con tested cases ever tried In this county, and the verdict of the Jury Is anxiously awaited. The general Impression is that the trial will result in a disagreement. There is sufficient work to keep the Jury all of the coming week. Bee Want Ads are tne Best Business Joostera. FORECAST OF THE WEATHER Fair Today la Nebraska and Kansas, Warmer la West Portloa Fair and Warmer Tomorrow. WASHINGTON. Oct, H.-Forecast of the weather for Sunday and Monday: For Nebraska and Kansas Fair Sunday; warmer In west portion. Monday, fair and warmer. For Iowa Rain and colder Sunday, ex cept fair In extreme west portion. Monday, fair; warmer In west portion. For South Dakota Partly cloudy Sunday; rain or snow In extreme east portion; warmer In extreme west portion. Monday, fair and warmer. For Illinois Rain and colder Sunday. Monday, fair; brisk to high southwest to northwest winds. For Missouri Showers and much colder Sunday. Monday, fair; slightly warmer In west portion. For Utah Fair and warmer Sunday. Mon day, fair. For Colorado and Wyoming Fair and warmer Sunday. Monday, fair; warmer In east portion. Loral Record. OFFICE OF THE WEATHER BUREAU. OMAHA, Oct. 14. Official record of tem perature and p-eclpltaUon, compared with the corresponding day of the last three years: 1905. 1904. 1903. 1902. Maximum temperature ..ft) 63 AO M Minimum temperature.... 49 M BS UH Mean temperature 54 68 66 51 Precipitation 1.00 . 07 . 06 . 00 Temperature and precipitation departures from the normal at Omaha since March 1, and comparison wkh the last two years: Normal temperature 63 Excesa for the day 1 Total excess since March 1 4K3 Normal precipitation OR Inch Excess for the day 92 Inch Total since March 1 22.16 Inches Deficiency since March 1 4.76 Inches Deficiency for cor. period. 1904.-. 8.39 inches Excess for cor. period, 1903 3.46 Inches L. A. WELSH, Local Forecaster. TAB L E Showing the death rate, expense rate,' income saved and earning power of the leading Life Insurance Companies in the United States, taken from the official reports published in 1905 by THE SPECTATOR COMPANY OF NEW YORK for the year ending December 31, 1904. PAIL JESSES MAT HOT ACCEPT Arlsoaa Appointment Not Solicited and Kot Very ReaaaaeratlTe. PLATTSMOUTH. Neb., Oct. 14. (Special.) It la known here that Judge Jessen waa not consulted in regard to the appointment to the Arlsona Judgeship In succession to Eugene A. Tucker, and the opinion seems to prevail that lie may not accept the honor, as It only pays $1,000 a year more than he now receives as Judge of tha dis trict court, and the extra expense of re moving and the extra work of the office will more than make the difference In salary. Moreover many trlpa will have to be made In stages In that territory to and from holding court. 8hould he resign his present position to accept the other within twenty days before the fall election, his successor will be elected, but should he hold the office until after election, as he has much unfinished 'business on hand, then the governor will appoint his successor. In either case the person will probably be Jesse L. Root, ex county attorney, residing in Plattamouth. Should an election be held County Judge II. D. Travis of thla city will probably be tha democratic candidate. DEATH RATE Name of Company. No. of deaths per 1,000. Old Line Bunkers Life. Lincoln, Neb. 3.fi Conservative Life, Cal 6.7 Equitable. Iowa 6.9 Hoynl Union, Iowa 7.3 rnolfic Mutual, Cal 7.6 Nutlonal, Vermont 8.2 Union Central 8.3 Trovltlent Life and Trust 8.4 Des Moines Life 8.6 State Mutual, Mass 0.7 I'enn Mutual 10.0 Northwestern Mutual, Wis 10.1 Berkshire, Mass 10.1 Connecticut General 10.3 National of U. 8. A., Chicago 10.3 Security Mutual, New York 10.4 Michigan Mutual 10.7 Franklin Life, 111 10.8 Fidelity Mutual, Ta 10.9 Massachusetts Mutual . 11.4 New York Life r...ll.5 Union Mutual, Me 12.0 Illinois Life 12.1 Travelers 12.4 Aetna Life 12.6 Equitable, N. Y 12.7 Home Life. N. Y 13.1 ermanla, N. Y 13.2 Wisconsin Life 13.2 Phoenix Mutual 13.5 New England 13.5 Provident Havings 14.2 Mutual, N. Y 14.4 Mutual Benefit, N. J ,...15.0 .Minnesota Mutual 15.3 Washington, N. Y 15.6 Manhattan. N. Y 15.6 United States, N. Y 16.9 Security Trust and Life, Pa 22.2 Mutual Reserve, N. Y 23.1 Maryland 23.3 Hartford Life 24.8 (iertuau Mutual, Mo 26.4 Connecticut Mutual ,...29.7 Cost of New Business Name of Company. Net Coat. Old Line Bankers Life, Lincoln, Neb. $28. 00 Mutual Benefit, N. J 29.30 Penn Mutual 30.60 Northwestern Mutual, Wis 33.30 Union Central 34.30 Travelers 34.30 Massachusetts Mutual 34.80 Equitable, Iowa 35.10 Connecticut General 36.80 Wisconsin Life 36.90 Provident Life and Trust 38.20 Minnesota Mutual 38.70 New York Life 39.00 Aetna Life 40.10 State Mutual, Mass 40.30 Franklin Life, 111 41.80 National U. S. A., Chicago 42.20 Fidelity Mutual, Pa ;.. 42.70 Pacific Mutual, Cal 43.10 New England 43.20 Hartford Life 43.30 Royal Union, Iowa 4 4.00 Phoenix Mutual 44.40 Equitable; N. Y 4 4.60 National, Vermont 4-4.80 Security Mutual, N. Y 45.10 Des Moines Life 45.60 Michigan Mutual 46.80 Conservative) Life, Cal 4 8.40 Berkshire, Mass 48.70 Mutual. N. Y 61.40 Illinois Life 62.00 Home. N. Y 62.10 Manhattan, N. Y 64.80 Provident Savings 67.60 Maryland 67.90 Union Mutual, Me 68.70 Connecticut Mutual 62.00 Mutual Reserve, N. Y 64.60 Qermanla, N. Y 66.20 German Mutual, Mo 67.60 United Statea, N. Y 70.30 Security Trust and Life, Pa 75.50 Washington, N. Y v 78.70 INCOME SAVED Name of Company, Per Cent Saved. Old Line Bankers Life, Lincoln, Neb. $5 1,30 Equitable, Iowa 50.10 Union Central 4 8.96 Travelers 46.33 Penn Mutual 43.07 Security Mutual, N. Y .' 44.88 National, Vermont, 42.63 Northwestern Mutual, Wis 40.34 New York Life 38.24 State Mutual. Massachusetts 38.87 Massachusetts Mutual 37.98 Provident Life and Trust 37.75 Pacific Mutual, Cal 36.72 Mutual, N. Y 36.56 'Aetna Life 36.25 Fidelity Mutual, Pa 36.20 Phoenix Mutual 35.05 Des Moines Life , 34.78 Connecticut General 34.85 National U. S. A., Chicago 34.49 Equitable, N. Y 34.28 Royal Union, Iowa 33.64 Berkshire, Mass 33.44 Franklin Life, 111... 33.23 New England 32.45 Home Life, N. Y , 32.38 Mutual Benefit, N. J 29.13 Union Mutual, Me 27.08 Germanla, N. Y 26.69 Michigan Mutual 26.24 Conservative Life, Cal 22.85 Maryland 20.56 Manhattan, N. Y 18.65 Provident Savings 18.04 Minnesota Mutual 15.04 Wisconsin Life 14.78 Security Trust and Life, Pa 13.91 Illinois Life 11.07 Washington. N. Y 9.00 Hartford Life 7.95 United Statea, N. Y 7.37 German Mutual, Mo... 6.67 Mutual Reserve, N. Y 2.85 Connecticut Mutual 00 Surplus Earned to Mean Reserve Name of Company. Per Cent of Surplus. Old Line Bankers Life, Lincoln, Neb.. 11.44 Hartford Life 6.73 Provident Life and Trust 5.83 Massachusetts Mutual 5.07 Northwestern Mutual 6.05 Union Central . .- , 4.63 Berkshire, Mass 4.37 Penn Mutual 4.33 Mutual, N. Y 4.31 Equitable, N. Y 4.09 State Mutual, Masa 4.08 Fidelity Mutual, Pa 3.89 Equitable, Iowa 3.4 9 Home Life, N. Y 3.35 New England 3.22 Pacific Mutual, Cal 3.12 Mutual Benefit, N. J 3.07 Provident Savings 2.97 Des Moines Life 2.86 Aetna Life 2.53 National, Vermont 2.43 Connecticut Mutual 2.31 Phoenix Mutual . ..; 2.29 Royal Union, Iowa 2.15 New York Life 2.02 Franklin Life, 111 , 1.86 United States, N. Y 1.81 German Mutual, Mo 1.77 Germanla, N. Y 1.71 Connecticut General 1.68 Manhattan, N. Y . 1.40 Travelers 1.27 Conservative Life, Cal 1.26 Union Mutual, Me 1.22 Illinois Life 1.14 Maryland 0.6 1 Washington. N. Y 0.49 Wisconsin Life 0.4 8 Michigan Mutual 0.36 National of U. 8. A., Chicago. ...... 0.15 Minnesota Mutual Loss Mutual Reserve, N. Y Loss Security Mutual, N. Y Loss Security TruBt and Life, Pa Loss