THE OMAHA DAILY BEE: SUNDAY, MARCH 19, 1906. I. EACH SIDE GETS A VERDICT City Wini Hydrant EcnUl Suit and Losei Counter Claim. WATER COVPANY WILL FILE APPEAL CorpsraHnsi Pars for Our Haadreal Tfcoaaaad Dollars sad City ! aaaarie Ft a Mr Thoasand OsTset It. Jndga MuntrT of the fedornl court di rected Saturday tha Jury In tha caae of the Omaha Water company against tha City of Omaha, for approximately Iliw.OOO hydrant rentals for the lam half of the year ISM and first half of the year 1!"5 to return a verdict for the city In both of tha combined cases, but In favor of tha water company on tl.o counter elaim of the city.'' Tba decision states In effect that the water company cannot recover on Its con tract, embodied in the ordinance of 13, with tha city, because of Insufficient fire pressure in tha hydrants, but the water company la not barred from collecting for tha actual amount of water used, wbea that can be determined. Tha counter claim of the city was for approximately JXO.OUO expended In the pur rhasa of steam Ore engines, made neces sary by the alleged Inadequate fire hydrant pressure, which was Submitted as an offset to the claim of tha water company for hydrant rentals. It was in this counter claim that Judge Munger directed the Jury to return a verdict against tha city. Tha water company gave notice that tt would appeal the case to the United States circuit court of appeals. Details of the Trial. The arguments In the case were concluded Friday evening, being almaat wholly upon law points and before the court, the Jury having been excused. When court con vened. Saturday morning the attorneys for tha water company submitted a motion that tha court direct the jury to return a verdict for tha plaintiffs. The motion waa overruled, to which exceptions were taken. The attorneys for the city filed a like motion in both coses, both of which were overruled. Judge Munger said, in part, after a care ful review of the entire case: I have reached the conclusion after re view of the case if it was merely a ques tion of material fact It could be determined by the Jury, but it becomes a question of law. There are two caRes, one for rentals from July 1, UNM to January 1, lftC, and the other for hydrant renUils from January 1, 1906 to July 1, 1Scj6. An obligation Is Implied In the contract and either party la re required to comply with Its terms. Both parties claim they have complied with all these terms. The question then arises up on the obligation of the water company to provide ample fire protection under the provisions of the ordinance, which also provided for Increased water facilities, both for domestic ue and fire protection corresponding with the growth of the city and the correKpondinsT Increase, of Ita pump ing machinery and oilier devices to comply with these growth conditions. Essential Tarts ( Contracts. These terms were an essential part of the contract. The water plant was con structed for the city as it then was, arid I am clearly of the opinion that taking the contract as a whole that it tins been carried out, though complaint was made In 1K9S and lStS that the terms of the contract were not being carried out, but this com plaint was decided against tha city. The city again complained In July, lH, and this is the suit now pending. The question of the purity of the water supply waa then gone into at length by the court, and it waa shown that even these conditions were complied with. "At all events," he said, "no complaint had been made In all these years that the water furnished waa not of sufficient purity, and until the bringing of this suit." In compliance with the request of' the plaintiffs, the court further Instructed the Jury that tt waa ahown by "Abbott, on municipal corporation," that this character of defense wua frequently resorted to with a special view to depreciate the value of a water plant when tha question of lta pur chasa by a municipality was under con temptation. The court added: As to Additional Mains. The next question was that the contract urovlded that the water company should put lu additional mnins from time to time as needed, and additional hydrants. The water company agreed to do this, hut the defendants claim It has not done so. The water company did not have the legal right to refuse to put in these hydrants ordered by the city, on the assumption that the elty waa In debt, and without money in the treasury to pay lor mem. i ins dent was contracted at the Inception of tiae ordinance of lxtO, and the contract explicitly directed that . the water company should put In hydrants then needed, and all which would be needed in the future. The water company had no lgal excuse for not doing what it was directed to do by the city. For that .reason I do not think that the plaintiff can recover on Its contract. . , R. 8. Hall, attorney for the water com ' pany. here interrupted the court with the hurried observation that "The plaintiffs in view of what you are about to decide. wUh to amend their pleading according 10 the proofs submitted. ( John L. Webster, attorney for the city. wa on his feet in an Instant and re marked wtlh considerable emphasis: "Not after we have waived our rights to this Jury." Judge Munger turned to Mr. Hull and said: "Tha court la not disposed to giant your request at this time the plaintiff cannot recover on Ita contract." Judge Munger further said, in effect, that tha . direction of the verdict did not bar the plaintiffs for suing for the actual value of the water used by the city In tha hydrants, but that it could not re cover on lta contract. The Jury was then discharged by the court, and with Its discharge the ad journed November term of the United fctetes circuit and district courts came to an end. JOINT STATEHOOD -UNPOPULAR Not W antra hy People of Mexico, Says Ralph 9.' Coaaell. Ralph 8. Connell of New Mexico, sou of W, J. Connell, Is visiting his parents in Omaha. He exacts to remain here but a short time, being on his way to New York City, where ha will spend sometime visiting hla brother and sister, and enjoying metro politan life. Mr. Connell is In the sheep and goat busl nesa at Tularoi-a and reports that branch ot Industry, as very prosperous. "Wool is 22H cents a pound." he says. "Many of the ranchmen are reducing their holdings as they feel that under the present price It Is a good time to sell" Many eastern people are coming In and th ranchmen are making room for them at prices which they feel mill warrant con tracting their business." Asked about the political situation, Mr. Connell said: Tho people who live outside of New Mexico and particularly in tha east were more concerned about state hood than th people who live In New Mexico. I believe if It were submitted to a vote of th people on the question of Joint statehood. It would be defeated. The peopl there feel that If the bill should pass, giving them Joint statehood, , tin: distance would be so great and th 'rail road far ao high, it would pracrlcally ! reduce th attendance at conventions to I the holding transportation over railroads. I What ax termed tha cow aad mining man I sr In favor and th Sheep and gnat men are cinpof!l to the ilnt. statehood." . DIAMOND-Fn-natr, JSth and DodR. MOTHER THANKS THE CORONER Aard Mra. Wheeler K presses ; ratl in e for Kind Treatment of ' MardrrrA Son. Mrs. k. Wheeler' of Oreenlcaf. Kail-, mother of Frank . K. Wheeler, who waa murdered In Omaha a few weeks ago, wrote Coroner Hralley this letter: I write you this letter to offer you mv gratitude lor the nice care you hsro given my poor murdered son, Frank K. Wheeler. None hut a mother can know now' sad 'iiy heart is and how surprised I am that he was associated In any wav with a rlnss of people, he would have scorned In times past. Jf he had letters or papers about his clothe I would be glad to have them. hope iMjthintr helomrlna to him will fall In the hands of thHt terrible woman. Mav Ood bless you and all you have done for my son, even If he waa iean, and may you never know such a sorrow as mine. The mother tf the murdered man is over 70 rears of age. NELLYS ON THEIR WAY HOME Left Manila Math of Month with Lie. tenant's Regiment for the rlomc Iaad. Mr. and Mrs. Henry Meredith Nelly sailed from Manila March C on the United States transport Sheridan for the United States. Mr. and Mrs. Nelly have been In Jolo, Philippine Islands, all winter, which Island recently haa become a scene of sanguinary warfare. In the destruction of 600 Moros by the United States troops under General Leonard Wood. Mra. Nelly was Miss Blanche Rswlins Craig of Omaha. Her husband is Lieuten ant Henry M. Neiiy of the Twentieth United States Infantry. It Is expected that under ordinary circumstance they will arrive in San Francisco about April 6. OUR VCITIMS ARE IMPROVING All bat One of Serlonxly Injured In Car Wreck Are Getting Better. The condition of the four patients In the South Omaha hospital, victims of the fatal street car wreck of Tuesday morning. Is encouraging. All of them are Improving and there are hopes of their recovery. They are: T. E. Peterson, 416 Dorcas street, Omaha; William Burt, 2210 Jefferson Street, South Omaha; Richard Wenlund, 2023 South Seventh street and Leo McGulre, 912 Nine teenth street. South Omaha. The condition of the fifth of the seriously Injured, Miss Mary Abraham, of 1722 South Thirteenth street, Omaha, Is not so en couraging, She Is at St. Joseph's hospital. Miss Abraham rester fiarly well Friday night, but her condition Is still very serious. OMAHA MEN ON THE PROGRAM Davidson, Voder and Waterhonse Will Address Teachers at Fre mont Convention lu April. Programa are out for the first annual meeting of the East Central Nebraska Teachers' association at Fremont, April 6-7 inclusive, in which the Omaha teachers are Included. Superintendent Davidson Is on the program for an address the second day and High School Principal Water- house, also, will participate. Mr. Davidson is scheduled to respond to the welcoming address by Ross Hammond. County Super intendent Toder has a place on the Friday afternoon program. William Hawley Smith and State Superintendent McBrlen are among the attractions. Rnbberl Rubber! Rnbberl Everybody's rubbers anything, every thing In old rubber, much or little. Help the nursery of the Child' Saving Institute by sending all the rubber you have or can beg from your friends to the Institute, from where It will be loaded Into a car or sold for the benefit of the nursery. The Insti tute is already In receipt of some rubber, but not nearly enough to fill a car. Who will help us in this matter? Bicycle, car riage, automobile tires, rubber shoes, booU, bags, bottles, dolls, rattles and anything that Is rubber that we can sell as old rub ber. Last Week of Holler Skating;. The coming week will be the last of the roller Bkating season In Omaha for this year. Manager Olllan has arranged for a number of special events for the closing week, among them being a contest In plain and fancy skating on Tuesday night, a free-for-all race en Thursday night and a grand costume carnlvnl for Saturday night, after which the band will play "Home, Sweet Home" and the roller skates will be laid away until next fall. WATCHES Frenaer. loth and Dodge. "Gorman Language and Customs" is the subject of a paper to be read before the Omaha Philosophical society Sunday after noon, March IS, by Miss Pearl Rockefeller. Miss Rockefeller is a teacher of German ut the Omaha High school and the subject will be treated In an Interesting manner. The meeing opens at S:'kj o'clock, p. m., at Room I, third floor, Patterson block, 17th and Farnam streets. Card of Thanks. We desire In this way to thank the W. C. O. F.. A. O. II.. Sheridan club, telephone company, also all our friends aud nelgh bore who so kindly asslxted us In our be reavement. ' J. P. HANNAHER AND DAUGHTER. ROSE COULTON AND DAUGHTER. N. F. CASSSIDY AND SON. WILLIAM HOLDEN. Hteveus-Daryen l.lmanslne Anto. R. R. Kimball has sold the first Limou sine automobile In Omaha: making the sale to C. W. Hull. The car is one of the finest put out by the Stevcns-Duryea company. It is of a deep wine color, aluminum body and weighs but 1.900 pounds. It is a four cylinder, twenty horsepower. Tho Holland Fox company. 2i5 Paxton block, announce their spring opening March 12. .23 and 24. Will show the fluent line of ladies' tailoring goods, silks and laces ever before displayed. Sterling Silver Frenrer. ISth and Dodge iiii JEWELL GETS 'THREE YEARS Beveatrea-Tear-Old Boy Sentence for hoetlaai with Intent, to Kill. Peter Jewell, the 17-year-oM boy who pleaded anility some time ago to a rhnraw of shooting at Fred Rilger with Intent to kill, was sentenced to three years In the penitentiary Raturdny afternoon by Judge Sutfon. The sentence was delayed for the purposo of oecurlng evmence ss to the boy's age. Jewell la considered oe of th most desperate young criminals brought befora the court for some time. Last fall he en tered' the room of Julius Lund In the Karbarh block and was-In the act of go ing through a trunk, when Lund surprised him. Jewell, made a vicious attack on Lund, using the butt of his revolver aa a weapon. Hfl managed to escape, but was followed by Rilger. who heard Lund's cries for help. When they got out on the street Jewell turned and shot' at Rilger. barely missing him. He was Immediately o-er-powered and placed under arrest. He Is also charged with holding up guests of various hotels and forcing them to hand over their money at the rolnt of a re volver. He Is considered a victim of yellow newspapers and cheap detective stories. When his room waa searched a large sup ply of trashy literature was found. Jewell Is a native of Oermany, where his parents still live. ' He ha- a brother In this coun try. These prisoners were arraigned and pleaded not guilty. George H.' Devers, charged with criminal assault; J. H. Rob inson, charged with assault, with Intent to rob, on a drug clerk In Farnsworth's drug store; George Ashford, charged with break ing Into the Stars and Strtpea saloon; John Johnson, charged with robbery. WOMEN TAKE DESERVED REST After Itrenanaa Week of Soliciting Fanda Y. W. C. A. Declares Respite. Saturday a brief respit was taken In the canvass of the Young Wo men's Christian association and the ma jority of the members of the visiting com. nn tee, who have worked so strenuously since the camalga opened Thursday, are spending the day at home preparing for the Sabbath. But the women can afford th rest for. though the finance committee has made no definite statement as yet, it is known that something over 15.000 had been raised Saturday morning. Besides this, the committee has under consideration several big propositions from some of the business firms that can not yet be an nounced and the result of which may not be ' definitely determined until near the close of the campaign, If they are accepted Some of the people from whom the largest private subscription are expected, have not been communicated with as yet a number being out of town and these will un doubtedly swell the fund materially when they come in. The committee la also In communication with a number of former Omaha citizens, who still have extensive property interests here; also several large eastern manufacturers and others who en Joy extensive patronage from local busi ness firms and It la hoped that these will contribute liberally HOW THE MISTAKE WAS MADE Chalrin la of Committee Proclaimed He Waa Joseph Flary to Unell tha Mob. Since tha report became current Thurs day 'night that the man selected at the head of the committee which examined the county Jail in search of the three negroes charged with the rrurder of Edward Flury waa Joseph Flury, a brother of the victim, much speculation has been indulged in by people who were not at the scene aa to the origin and reason for this report. The fact 1; simple enough. When the man who acted In this capacity came out of the Jail and stood on the Jail steps He ad dressed the crowd, saying: "Now, gentle-, men, I am Joseph Flury, brother of Ed Fliry. In company with these other men I have examined this Jail and I can tell you the prisoners are not here." Those who heard these words and did not know the speaker' from Joseph Flury hsd no. reason then to doubt what he said. They did not realise that the speech was made at the suggestion of the officers in side, who were doing everything they could to quell the disturbance. llomeaeekers and Colonists. Tuesday, March 20, Is the next date for the very low rates via the Missouri Pacific Railway for both round trip and one-way tickets to certain points In the south and southwest, Kansas,' Oklahoma, Texas, etc. Full Information at city ticket offices. S. E. corner 15th und Farnam, or Union station. THOS. F. GODFREY. , Pass, and Ticket ' Agent. Free I FreeS Until March Slat, either a genuine water color or an SxlO art enlargment free with each new doseu photos. HEYN, THE PHOTOGRAPHER. 13-15-1,' South 15th St. (Odd Numbers.) DIAMONDS Edholm, 16th and Harney. Card of Thank. We wish tq express our thanks to our many friends, the orders of Royal Neigh bors and Eastern Star and the employes of the Western Weighing association for their kind remembrances and sympathy during the illness artd death of our father. MR. AND MRS. J. C. KLOTZ, DAUGHTER AND MOTHER. leet lee! leet leet For Sale 2,000 tons good Ice. Address H. II. Tcachout, Ninth and Vine streets, Dea Moines, la. Men's, boys', children's clothing, hats ladles' suits, skirts, millinery, etc.. cash or credit. People's Store. ItSth and Farnam. Remember Goodley F. Brurker on pri mary day for councilman of 5th ward. Adv Frank E. Colby, optician. Is now with th Columbian Optical Co.. 211 8. ltth St. Werts, Dentist, tt4-a-s Paxton Bl te ll ave Root print It. .lm Key ic coming. Watches Watches The numnrr of watches we have sold this week is fairly astonish ing. We rould not know so many people) wanted to buy watches where) the prices were right. Now we ran sell you watches from $1.00 to $200 hut Just to stimulate your Interest In our business we will quote a few very particular special prices. A GOOD SERVICEABLE WATCH Not very many eitra trimmings, but one to be depended upon clear A through; silverlne esse. sevrn-Jewel Waltham movement, for only OUR SPECIAL LEADERS Gentleman's Watch, gnld flllrd twenty-year guaranteed case. 11 jewels. Q sj!" Klgln or Waltham movement ftdiJ Lady's Watch, gld filled hunting ca se, plnfn or engraved, as you f O fifl desire, twenty-year guarantee ," Everything elr pertiilnlng to a flrt-elass Jeweler's trade. We can quote you a SPECIAL PRICK ON A FF.W DIAMONDS. Select Cut Glass and some . very elegsnt and artlntic pieces of Hand-l'ainted China. Some curious and talking novelties Imported from Europe. OUR PRICES MODERATE OUR AIM ALWAYS TO PLEASE. AT TIIE SIGN Opposite the Tloston Store. Fine Watch Repairing a Specialty. All work guaranteed. Watch Inspectors for the C, St. P., M. & O. R. R. and Inspectors of clocks for all the city schools. DR. BRADBURY. DENTIST Y"" 5" n" IS06 FARNAM 'Phone, Douglas 1706 Teeth Extracted ... 23c Porcelain Filling II up Oold Fillings $1 up Silver Fillings.. .S0c up Crowns $2.80 up Plates $2.0 up In Winter Reach Your Destination Quickly fill Last Cheap Excursion Southwest March 20th One-way and round-trip tickets sold from nearly nil Rock Island points in the North and Central West to practically all points Southwest. Rate about half in many cases less than half the regular fare. Try YOUR luck Southwest thousands of people are succeeding and making money there. Special Tourist Sleepers on our Southwest trains these dates. Full information from iiumjitsimmsm ssiswsassBorsssosassssasBaa SAe High School Cadets Appreciate a stylish shoe to go with tlwir natty uniform. We have them. A popular and trtyllcb button shoe that will be in great demand for sprlug snd auinmer wear made of patent oitlt and dull -alf on all the latest style IuhIs with military heela. Price 350 Re our full line of Young Men's Shoes. Drexel Shoe Co. 1419 Farnam Street. OF TIIE CROWN 115 South 16th Street. Bridge Work.. $2.80 up Nerves remove with out pain. Loose Teeth ilade Solid. Work guaranteed 10 yra. A saving of time and money means much to the busy bustling people of America. Why not save a whole day on your trip to CALIFORNIA By selecting "The Overland Route." You can avoid a long journey and the inconveniences of Winter travel. The fast trains on the Union Pacific From Omaha, reach San Francisco many hours Quicker than any other line, i "The Overland Route" all the way. Inquire at CITY TICKET OFFICE, 1.124 Farnam St. 'Phone Douglas 334 F. P. RUTHERFORD, ,. 1323 Farnam Street, Omaha, Neb. 3T Ufte Best of Everything The Only Double TracK Railway to Chicago Low Colonist's Rates Every Day TiO April 7th . .. to. .. Portland, Seattle, 5pokaee, Helena, Buttaf sad Paget Sound points. Clty Offlcoa- 14011403 FARNAM ST. OMAHA TEL. 634-661 YOUR HEW SPRING SUIT; if yoar bay it here it's the best. THE RELIABLE STORK YOU LIKE Copyright 1906 bf Hart Scha&er & Marx L1 kv . 1 SPECIAL SALE KNEK PANTS SUITfi We have Juat closed out from a well known manufacturer an Immense line of boys' and children's Knee Panta Suits, In all the newest styles and materials secured at a price which enables us to offer our customers the greatest value ever known In seasonable suits at S2.50 and &95. MAYDEW Smart Boots 3 50 You will be surprised when you see how really "good looking" our $3.50 boots are. They are made In patent stocks. In kid with patent tips, or In the new gun metal leuther They are In button or lace patterns. In any size or width and can be fitted to suit the most fas tidious. FRY SHOE CO. Htk cod Dougtis Sts, JAMES (W.)WOLESIIEIISKY Republican Candidate (or Councilman First Ward. Resident of Omaha for 32 fears. CANDIDATE REPUBLICAN N OM I NAT ion CjlTyCOUN THE TINLEV RESCUE CHRISTIAN HOME FALLEN GIRLS AND WOMEN. (Incorporated.) OMAHA. - NEB Established fur tha purposa of ha! pin f pcnltant fallra woman to restora tbaru to Boms and friends whera poaalbla, wL-in not, to provlda tiism a 1th a noma and employ meat, until such lime aa thejr shall be able to rare for themselves. au, donations thankfully r ckived. Mrs. M. A. Ie. tt.pt. at Bancroft St, Telephone Kli.1. Wiien You Write to Advertisers remember It ouly takes aa extra stroke or two of tha pen to mention tha fact that jrou aar tha ad. la Tha Boa. . Almost Cnr enette Coal time. Time to see our com plete line Mon day. Do it. GOOD STYLE You like good quality, you like low prices then you'll like our spring line of Men's and Boys' Clothing. Here's one of the good reasons why' we sell Hart, Sehaffner & Mar clothes we phow it in the ent itle straight front Varsity Suit. Come in and let us show you how the front looks; let us show you many other distinctive styles that, are just as pleasing as the Varsity prices-$12.50, $15.00, $18.00, up to $30.00. The Top Coat supplies a want no other garment can. We're show ing a swell line at $10.00, $12.50 and $15.00. Our Rain Coats lead in quality and style. No garment is as useful in an all around way as n good cravenette rain coat stylish to sih -our line at $10.00, $12.50, $15.00 and $18.00. Sale of Men's Odd Pants 5M pairs of men's pants, in the best patterns and materials, worth up to $4.00, will be placed on sale Monday in two lots, at $1.95 and $2.50. HOMEOPATHIC SUFPLIES In addition to our very laxre line of Med icines of tha Allopathlo school, wa sell all kinds of Homeopathlo medicines and sup plies: Hosneopathte Pills. Homeopalhlo Dilutions. Homeopathic Dlaka. Homeopathic Mother Ttaetwres. Homeopalhlo frltarartons. Homeopathic) Tablets. Homeooathlo Books, Corks, Vial a. Powder, Papers, aa isaed tf Hoaaoo atfclsts. Wo are In position to supply tha profes sion, tha retail and wholesale trade, and tha laity. Write or call on SHERSMI & U'COXXELL DRUG CO. Cor. 16th and Dodge. Omaha, Nab. Republican Candidates ENDORSED BY The Fontenelle Club. Tw Bo Tote For at Prlaaju-les Tpe. day, April 8, 10O6-6 m. m. 0 p. sa, CANDIDATES. For Mayor, B. A. BENSON. Real Batata. For City Clerk, SAM K. GREENLKAF. Clerk. For City Comptroller, JOHN N. WE8TBERG, Insurance. For City Attorney, JOHN P. BKEEN. Lawyer. For Building Inspector, JOHN H. BUTLER. Contractor. FOR CITY COUNCIL. ..' (To ba voted for in all wards.) First Ward, E. A. WILLIS, Foreman Omaha Print ing Company. Second. Ward, W. W. BINUHAM. Commission Merchant. Third Ward. HENRY I. PLUMB. , MgT. Tha Chatham. Fourth Ward, JOHN A. SCOTT. Real Estate. Agent Ames' Eiitate. Fifth Ward, U R. LUCAS. d Coal Dealer. V Sixth Ward, George L. Hurst. Machinist Pax ton-Mitchell Co. Seventh Ward. C. 8. HAYWARD. Ha j ward Bros. Shoe Co. Eight Ward, C. J. ANDERSEN. Andersen-MIUard Co. Ninth Ward. J. C. FEDERSEN. Carriage and Wagon W'ks. Tenth Ward, GEORGE COTT. Marttn-Cott Hat Co. Eleventh Ward, FRANK CRAWFORD. Lawyer. Twelfth Ward, D. A. N. CHASE. Chasa & Co., VholfaW . Coffee, Tea aud tSplrej, To tba Republics Voters of tha Illy of Omaha I You must decide whether you wail to elect or continue in olnc(: ofTUIaln. many of whom have demonstrated iht-ir entire Incompetency and servitude to tho publlo aervice corporations, or whether you will have honest and capable official who will represent all of the people at all ttin. Tho above named candidates bellee thiii tha city ahould own Us own government, and they stand for ONE-DOLLAR GAB. Equal taxation, economical and honest ipendlture of public money. Impartial enforcement of law. An ample police force for protection of life and property. Clean atreeta and a CLEAN TOWN. Public Improvements and city paving re pair plant. A welcome to capital and manufacturing enterprises. No graft or ring rule. No gambling, law breaking or corpora tion control of elections. No free lights, no free water and no free telephones to city officials. No forms of compacts be twee a city offi cials and public contractors. ' No mora fr-e franchises, and no giving away of streets and alleys without sub stantial consideration to tha city. Make up your mind what you want, and vols) at the primaries for the men wyo will carry out your ideas. Do not lose tho force of your conviction by voting for friends who have no chance to win, and thereby defeat candidates who stand for tho abuts principle. i