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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 5, 1907)
TIJE OMATTA DAILY BEE: TUESDAY, MAKCH
OPINION IN THE TAX CASE
It tone j General Beoeirei the Text frsm
Federal Enprm Court
SUBSTANCE OF IT AIR--ADY WILL KNOWN
Governor Sheldon HMippoJnIi Mm.
MfMikta laprrUlfiiilril of the .
Industrial School at
(From a Staff Correspondent.)
LINCOLN. March .-l8peclal. Attorney
General Thompson today received a copy
of the opinion written by the auprerne court
of the Cnlted States in the railroad tax
LW Junction cases. The opinion follows:
Xrt"..i an hills to declare void assees-
rnt-nts of taxes mnde ' by the State Hoard
of Kqoalliallon and Assessment for the
year 14. and to enjoin ine conrcuon ui
bevond certain sums tendered
The "bills allege that the board, coerced by
political clamor nnd Its fears, arbitrarily
determined In advance to add alout 319,
000,000 to the assessment of railroad prop
erty for the previous year, and then pre
tended to fix the values of the several
roads by calculation. They allege that the
assessments were fraudulent, and void for
want of Jurisdiction, and Justify these gen
eral allegations by more specific state
ments. One is that other property In the
state, especially land, was valued at a
lower rate than that of the railroads. An
other, of more Importance, Is to the effect
that the board adopted a valuation by
stock and bonds and then taxed the ap
pellants upon the proportion of the value
o reached that their mileage within the
state bore to their total mileage, without
deducting a large amount of personal
property owned outside the state, or spe
cially valuable terminals, etc., east of the
Missouri river. The principle of this last
objection was sanctioned In Fargo against
Hart, va l 8. 4'.). under trie commerce
clause of the constitution, article one, sec
tion vlli, but Inter cases have decided that
tangible property permanently outside the
jurisdiction is exempieu inim
the fourteenth amendment. Pelaware,
I,ackawanna A Western railroad Hgulnst
Pennsylvania. 1W U. 8. 341; fnlnn Re
frigerator Transit company against Ken
tucky. 1M t'. 8. 194, and the fourteenth
amendment alone, somewhat Inadvertently
referred to. Is the foundation of these ap
peals. Demurrers to the bills were over
ruled, mnlnlv. If not wholly, on the ground
of the charges of duress and fraud.
Answers then were filed denying the ma
terial allegations and after a hearing on
evidence the bills were dismissed.
The dominant purpose of the bills la to
charge political duress, so to speak, and
consequent scheme of fraud, Illustrated
by the specific wrongs alleged, and In that
way to make out that the taxes were void.
As the case. come from the circuit court.
other questions beside that under the con
stitution are open, and, therefore. It Is
F roper to state at the outset that the
nunds'lon for the bills has failed. The
suggestion of political duress li adhered
to In one of the printed briefs, but is dis
pose" f by the finding of the trial Judere,
which 'here Is no sufficient reason to dis
turb. The charge of frnud, even If ad
nuntely alleged. Missouri against Pockerv
ltd, I. 8. liE. 170. wns very sllghtlv pressed
at the argument, and totr.llv falls on the
facts. Such charges are easily made, and,
it Is to be feared, often are mnde without
appreciation of the responsibility Incurred
In making them. Before .the decree could
be reversed It would be neccssxrv to con
sider serlonsly whether 'the constitutional
questions on which the appeals are haao
was not so pleaded as part of the alleged
fraudulent scheme that it ought iot to be
considered unless the scheme was mnde
out. Eyre against Potter. 15 How., 42, M,
French against Shoemaker. 14 Wall, 314,
835; Hlckeon ngninst Imhard, I R., 1, H.
I. 824. Both sides In error.
Hoth Bides In Error.
When we turn to the evidence there la
equal ground fof criticism The members
of the board were called. Including the
governor of the state, and submitted to an
elaborate cross-examination with regard
to-the operation of their minds In valuing
and taxing the roads. This was wholly
Improper. In this respect the case does not
differ from that of a Jury or an umpire,
if we assume that the members of the
board were not entitled to the possibly
higher Immunities of a Judge, riuke of
Buceleuch , against Metropolitan Board of
Works. U It. 6, H. L. 418, 433. Juryman
jnnot be called, even on a motion for a
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new trial In the sam case, to testify to
the motives and irnurncea thsi lea to
their verdlc:. Maltnx against I'nlted
Stales, 140 r. 8. 140. So as to srhltrators.
I 'like of Burcleuch against Metropolitan
Board of Works. 1,. R. 6. H L. 4f7. 4. Sim
ilar reasoning was applied to a fudge In
Kaerweather against Rltoh. 1S5 l 8.
3W, SIT. A multitude of cases will be found
collected in 4 Wigmnre, Kvi.lence, par. t,
:34. All the often repeated reasons for
the rule as to Jurymen apply with re
doubled force to the attempt, by exhibiting
on crowa-examlnatlon the confusion of the
members' mlnda, to attack In another pro
ceeding the Judgment of a lay tribunal,
which Is Intruded, so far as may be, to ie
final, notwithstanding mistakes of fact or
law. See Coulter against Iulsvllle ft
Nashville Railroad Company, llsi 1". 8. 69S.
filfl; Central Pacific Rsllrt-ad Company
ugalnst California. 12 V. 8. St. 17. 1', 117:
s. p.. li California. ST. 5X4: State Railroad
Tax Cases. 82 l". 8. 675; Cleveland, Cincin
nati, Chicago St. Louis Railway Com
pany against Ba. kus. 133 Ind. 613, 642. In
Fargo against Hart. 193 V. 8. 41), 496. 497,
there was no serious dispute as to what
was the principle adopted.
Again this biard necessarily kept and
evidently wns expected by the statutes to
keen a record. That was the best evidence,
at least, of Us decisions and acts. If the
roads hed wished an express ruling by the
board, upon the deductions which they de
manded, thev could have asked for It and
could have asked to have the action of the
board or Its refusal to act noted In the
record. It would be time enough to offer
oilier evidence iwhen such a request had
been mnde and refused. Bee Fargo agalnni
Hart. 193 IT. s. 490. 4!W; Cleveland. Cincinnati,
Chicago & St. t-ouls Railway company
against Backus, 133 Ind. 613. 6i2; Havemeyer
against lmard of Review. !u2 Illinois 6.
However, s the foregoing objections were
not urged, and as the cases were discussed
upon all the testimony, we shall prpceed
to consider them In the same way.
The lacts that appear from any source
are few. The Board voted first, as a pre
liminary step toward ascertaining the ac
tual vnlue of all property to be assessed,
to make an estimate of the tangible prop
city of the railroads, to be taken as one
of the factors In making up the total as
sessment of the roads. Schedules were pre
pared, and It Is objected that the board
added twenty-five t cent to certain Items
as furnished by the companies. If this bo
true, and It Is not admitted that any fig
ures were more than tentative, the addi
tion seems to have been made on personal
Judgment and on a theory that the values
given were the values the property was in
sured for. If mistaken, a mistake does not
affect the rase. The main point comes on
the flnal assessment, to which we turn at
Board Kx presses Result.
The board expressed Its result in another
vote. "Having given full and due con
sideration to the returns furnished said
board by the several railroad companies.
and having taken Into consideration the
main track, sidetrack, spur tracks, ware
house tracks, roadbed, right-of-way and
depot grounds, and all water and fuel sta
lions, buildings and superstructures there
on, and all machinery, rolling stock,, tele
graph lines and Instruments connected
therewith, all material on hand and sup
piles, moneys, credits, franchises and all
other property of said railroad companies.
and having taken Into consideration the
gross and net earnings of said roads, the
total amount expended in operation and
maintenance, the dividends paid, the capital
stock of each system or road and the mar
ket value thereof and the total amount of
secured and unsecured Indebtedness (we) do
hereby ascertain and nx for the purposes
of taxation the full actual value, the aver
age value per mile and the assessable value
per mile or tne several roaos as ioiiows
with a list.
The roads supplemented the record by
evidence that the stato treasurer, a mem
ber of the board, on the objection being
made to a paper said to exhibit the slock,
bonds ana noating oeDi or ine union f
cltic, that the stock and bonds of other
companies own.-rt by the Union Faclnc bad
not been deducted, answered, Tne board
has decided th.it it cannot make deduc
tions for property outside of the state."
This answer was In the presence of the
other members of the board. It Is agreed
that the paper referred to was prepared
for the use of the board, tt shows a col
umn of figures marked "Deductions for
locally assessed" and .amounting, when
added, to 220.127.116.11. Then, under the head
"Earnings," are the figures S9S.474.06S, from
which Is subtracted 1,162,230. giving 397,321
838, which Is divided by 6,104. giving 65,092
as the quotient. This dividend Is said to
be shown by the coincidence of figures to
have been made up of the market value of
the stock or tne union Facinc, us mort
gage bonds and other Indebtolneai, less
he nronertv locally assessed in the sthte.
but without the deduction to which we have
referred and to which the rojd alleges that
H was entitled. The divisor l.i the total
number of miles of the road. It W true that
the valuation' ultimately reached was Fto.OOO
mile instead of fio,ra:, nut this is s-ild to
have been an arbitrary reduction and did
not reduce the amount sufficiently, tf we
were to assume that this paper furnished
ine nnsis oi tne tax.
Kvldently the board believed that the fig
ures ruiniKned by tne roads were too fa
voruble and were . Intended keep the
tuxes as low as they could be kept. Kvt
dently also the members, or some of The
used their own Judgment and their own
knowledge, of wtoich they could give no
yrij gimu ntjruuni on crosw-eKHimnHllon,
but which they had a right to use, if hon
est, however inarticulate the premises. It
would seem from the testimony, aa might
have- been expected, that the valuations
fixed were a compromise and were believed
by some members to be too low. as they
seemed to one too high. It Is argued to
us on expert testimony th.it they ure too
low. The result of the evidence manifests
the fruitksncss of Inquiries, which, as we
nave said, should not have been gore Into
at all. We have adverted more particularly
to the case of the I'nlon Pacifl", but that
of the Chicago, Burlington & Qul'icy standi
on similar and no stronger ground, and
what we have said disposes of the main
contention of both. If the court below had
found the other way It would have been
oimcuii o say tnat tne Finding was sus
tained by competent evlden-e. There cer
tainly Is no sufficient reason for disturb
ing the finding as It stands.
state at length. Among them Is the sug
gestion of arbitrariness at different points,
such ss the distribution of the total value
set upon the Chicago. Burlington AY CJulncy
system among the different roads making it
up. But the action does not appear to
have been arbitrary except In the sense
in which many honest snd sensible Judg
ments sre so. They express an Intuition
of experience which outruns analysis and
sums up mnny unnamed snd tangled Im
pressions; impressions which may lie be
neath consciousness without losing their
worth. The board was created for tne pur
pose of uxlng Its judgment snd Its knowl
edge. State Railroad Tax Cases. 92 V. 8.
57S; State against Savage, flfi Neb. 714, 7KH,
?: lit re Cruger. 81 N. V. 619. 21; San !"
Oas Company against January, 67 Cal. 814,
616. Within Its Jurisdiction, except, as we
have said. In the case of fraud or a clearly
shown adoption of wrong principles. It Is
the ultimate guardian of certain rights.
The state has confided those rights to Its
protection and has trusted to Its honor and
capacity as It confides the protection of
other social relations to the courts of law.
Somewhere there must be an end. we are
f opinion that whatever grounds for un
aslness may be perceived, nothing has
been proved so clearly and palpably as
It should bo proved on the principles laid
down In San Inego Land and Town Com
pany against National City, 174 C 8. 739,
iH, in linilT HI HHI lltlll llirrt- n'irnin iv
he extraordinary Jurisdiction of the circuit
Mr Justice Beckham and Mr. Justice
Mrs. McMahan Reappointed.
Mrs. McMahan has been reappointed su
perintendent of the Geneva Industrial
School for Girls by Governor Shctdon. Mrs.
McMahan served In this capacity during
Governor Mickey's administration.
Printers Get Elvht Honrs.
An eight-hour work day agreement be
tween the local Typographical union and
printing houses of Lincoln went into
engineer to go over part of Mr. Munn'i
work, believing that they will be able In
this manner to establish In the district
court by expert testimony that Munn Is
incompetent and therefore the work Is Il
legally done, and by doing so force the
drainage board to order a new survey by
a competent engineer. The dissatisfied ones
say many errors In calculating areas exist
and that he most likely made many er
rcrs In locating the d'tch.
Hedaiche eod Sleeplessness
W Oman Recovers from Bunk.
HUMBOLDT, Neb.. March 4. (Special.)
The case of Sarah Strawn against the First
National Bank of Humboldt, tnother In the
series occasioned by ex-President Samuel-
son borrowing money personally from the
hank customers when the latter thought
they were loaning to the bank, was decided
t a late hour Saturday night In favor of
the plaintiff. The amount Involved was
small and it is likely the case will be
settled by payment of the Judgment. Sev
eral others have been settled In this man
ner after running the gauntlet of district
and supreme courts. The management of
the bank has also begun action on the
bond of Samuelson to recover the amounts
paid on these Judgments.
BIG TREES CIT I HERRAAKA
Million Pert of Cholee Cottonwood
from Patch Sear Rnlo.
RULO, Neb., March 4.-Speolal.) Vea
Bunker is sawing up the large cdttonwood
patch of timber belonging to Steve Cun
ningham. He will have fully a million feet
of choice lumber out of this patch by the
time he finishes It. The trees are large"
and as many as six fourteen-foot cuts have
been secured from one tree without sawing
the limbs and In some cases the top log
squares twelve Inches. Now and then a
tree Is found that makes eight fourteen-
foot cuts by using the limbs. Over 2,000
feet of lumber has been cut from one tree.
The timber Is of such high quality that
it l not difficult to get 8x8 pieces, 28 feet
long, an unusual length for this section,
and when this patch of Cottonwood Is gone
but very few trees suitable for making
28-foot stuff will be left. Moat of this
lumber is of the yellow Cottonwood va
riety and the grain Is perfectly straight.
A large wild grape vine entwined to one
huge cottonwood. It was cut Into cord
wood and over one-fourth of a cord was
IXCESDIARY AT NORTH PLATTK
Three Fires One Mabt Cause Peoole
to Look for Party Responsible.
NORTH PLATTE, Neb., March 4. 8pe
clal Telegram.) An incendiary evidently
worked here persistently last night. Fire
was started In each of three wards of the
city. The first fire was In the Third ward
and started at 9 o'clock last evening at the
residence of John D. Mc Williams, which
was temporarily vacant. It was started in
the kitchen. An alarm was Immediately
given and the fire put out before doing
much damage, An open window indicated
where the "firebug" had gained entrance,
This fire, was barely put out about 10 p.
m. when the fire whistle blew for a fire In
the First ward. Here Fraxier'a Ice house
was totally destroyed.
At 1:30 the fire whistle again blew for a
fire In the Second ward. Here a small car
penter shop belonging to Charles McDonald,
situated within one block of the main busi
ness street, was entirely destroyed. The
(Ires are regarded as the work of an incen
diary and efforts will be made to apprehend
and prosecute him.
Ml'RDEH IS BIOIX COVSTT CAMP
MAKCH 11, 12, IS.
Entire NEW STOCK of Kl'ltNI
TVKK, CAHl'KTS, Kl'OS, LACK
Ol IU A1NS and DKAPEK1KS.
' Se the SKW KTOKK and get
the benefit of the HOIVKMH
I KICKS which these T II it K K I
m 4 offer.
Miller, Stewart Ql
41S-1S-17 South 10th Kt.
Aasamptlon In warranted.
Rut no such assumption can be made.
Tho board considered the paper no doubt,
but so they considered a capitalisation of
what they understood to be the net earn
ings la the atate, and the value of the
tangible property apart from Its outslda
connections. ICxactly what weighed In each
mind, and even what elements they pur
ported to consider In their debates, is llttlo
more than a gueea. There Is testimony
which cannot be neglected that. In this very
matter of valuing the road by stocks and
bonds, etc., the board, tfrom another table,
furnlahed by the company, valued It at over
IMo.uuu.uriO and did deduct from that sum
the stocks and bonds owned by the road.
and vhIii-41 hv the tMi:irrf pt itvup ftliiWuin ...i
prior to the subsequent redxictlon to ji,oi5
a mile. It Is said that this valuation Is ab
surd and due to misunderstanding of the
tuoie. huc we nave nothing to do with
complaints of that nature, with anything
km iiiaa imuci, or a clear adoption or a
luiiotuueniaiiy wrong principle, i lie hoard,
In Its fornuil action nmnerlv HefnrM nu
did vote to request cf the I nion Paclilc!
tiiiong otner imnrs. "an item led atau
ment of tho several Ii iiim , n ,1 at . w-L - nmn,i
by said company, for which they are legally
rimueu io receive credit on offset. In es
timating the value of said company for as-
SfflAllieilt." Thin rerOfl-nlca the lrn nrln.
ciple. almoet in terms. Beyond a specula-
..-.1 iiimu iiHuies, ami a lew statements im
properly fllWted frillll One nr twrt memKer
of the board, there Is nothing to contradict
iiiitiviire inim in vn a cta,v , v.
above alleged statement of the treasurer,
met by his and others' testimony that a
k-"i-i Aii'u'ii'iion was made.
A point leas pressed than the foregoing
was that the other property In the state
was greatly undervalued, and that thus
the rule of uniformity prescribed by the
constitution of Nebraska had been vl.i
.v. : pon thl" Da'ter It Is enough to
JLt ? .'1 " ''" or agreement on the
part of the county asaessors who taxed
the property was shown, or on the part
of the Board of - Kitml!..ti,, n.L..
nient. and to refer to Coulter against Louis-
nunu i-iauroaa Co., llsi, U. B.
InHei States Franchise Taxable!
Agalo It was said that. Inasmuch as the
present I nion Pacific company, a Ctah
uiii.uvii, vuijuiiru us road by fore
closure o a mortgage from a preceding
corporation chartered by the I'nlted State"
it upH-ared from admissions in testimony
or followed from the .board's taxing the
Nebraska portion of the road as a irninv
concern that It was taxing United Slates
franchl.es, contrary to the decision In
California against Central Pacific Railroad
Co., 127 I'. 8. 1. This a Is. i, although slated,
was n"t pressed. It does not appear that
the present I'nlon Pacific has any United
mates franchise that were taxed, and. If
It has any that were considered In esti
mating the value of the road. It doea not
-appear that they were considered Improp
erly under the later decisions of this court.
iVatral Pacific Railroad Co. against Cali
fornia, 16J V. 8. 61; People against Central
Pacific Railroad Co., 1& Cal. 6.6, tM- see
Adams Kxprvss Co. against Ohio State
Auditor, lai U. 8. laS. And the same thln
niay be said as to the Interstate business
oi ine roads. Adams Express Co. agalns
(inio state auditor, 1' L 8. 1M, a e. ni
V. 8. Pio. The board had a right to tax
all the property In the Mate and to tax
it at Its value as an organic portion of a
larger wnoie. v estern Union Telegraph
Co. against Gottlieb. !'.) V. 8. 412.
Various arguments were addressed to us
upon matters oi detail wmrn would afford
liu ground tor interference by the court.
aud which we do not think it necessary t
Qnarrrl Between Negroes Resalts In
Death of One by Shooting.
- GERINO, Neb., March 4. (Special.) Jess
Murry was shot with fatal results by Fred
Hubbard at Bell's camp on , the govern
ment ditch in Bloux county, north of
Spotted Tall Springs, Sunday. There had
been some trouble between the parties, who
are all colored. Murry was shot through
the lungs and was brought to Scott's Bluff,
where he died yesterday morning. Coroner
Wolt held an Inquest yesterday afternoon,
the Jury being composed of A. E. Stoner,
E. M. Cowen, T. C. Bottom, James A,
Green, H. W. Guernsey and Howard Ray
mond, and a verdict of murder wa re
turned. The negro who did the killing ap
pears to have done It deliberately and
without any accompaniment of booze or
other excuse. He went to Scott BlufI in
the night and changed his clothing and
has not been -seen since. Deputy Sheriff
Sandford of Bloux county sought to get
track of him, but has not been able to do so.
fwi of Nebraska.
COLUMBUS There Is still some dnuht
to the location of the new federal build
MEADOW GROVE A light snow fell
Monday night which melted rapidly on
COLUMBUS The Methodist Episcopal
church will spend t3.SO0 In refitting and im
proving the building.
BLUE HILI Orln Tabor of Red Cloud
will nj.en a restaurant here. He haa bought
the residence of W. 8. Ashby.
OSCEOLA Polk county will receive
about $5.0W) from the Burlington ft Mis
souri and Union Pacific railroads In back
BLUE HILL A. Waterman has sold his
farm of 200 acres for $17,0"). being l6 an
acre. This is the best price paid for a
farm In Webster county.
COLUMBU8-In a match game of bowling
between a team of Columbus young men
and a team of farmer boys, the farmer boys
won by a score of 2,337 to 2.316.
COLUMBUS The German National bank,
over wnicn Mayor waner rnnnps pre
sides, has been In operation for. six months
and the deposits amount to over xi"0..
OSCEOLA Rev. Paul Hallln of Omaha
haa been engaged In evangelistic services
at the Baptist church here the past week,
and the series or meetings has been very
MEADOW GROVE Weyglnt & Son of
Clearwater have bought the harness shop
of D. E. Cottrell and will continue the
business. Mr. Cottrell will move on a
farm near town.
OSCEOLA Big sales of thoroughbred
hogs have been held at and near Osceola.
There were thirty-three purchasers of
swine who live In and about Osceola and
they paid from lb! to IS15 a head.
COIl7MBUB Thoroughbred hogs are at
a premium among Platte county farmers.
Two sales have lust been held oC Poland-
Chinas and Duroc-Jerseys and moat of them
were but pigs, but they sold at an average
COLUMBUS Several of the great trap
shooters of the country took part In a
shooting contest hero Sunday. Among
them were: George Max wen, tne one-
armed shooter of Hastings; C. D. Llnder-
man of Lincoln and Captain Hardy.
HUMBOLDT Funeral services were held
Sunday over the remalna of Mrs. Alf Page,
one of the pioneer women of the county,
who died at her home, several miles south
east, after a lingering Illness. She leaves a
husband and several grown children.
BLADEN J. Waufle, an old resident.
died at his home In Bladen of kidney
troublo at the age of 70. He leaves a wife
and a number of children. Funeral serv
ices were held Monday morning at Grand
Army of the Republic hall, conducted by
Rev. Mr. Hummel.
BLOOMFIELD J. J. McCourt, until re
cently connected with the Uehling Hard
ware company, has been offered the posi
tion of chief of police to succeed F. N.
Coryell, who expects to remove to Mon
tana. It is understood that Mr. McCourt
will accept the position.
ALLIANCE Fire, which originated in the
explosion of a gasoline lighting plant, de
stroyed the Star restaurant Monday after
noon. The loss was covered by Insurance
and the proprietors, Watklns & Bayaee,
will open in new and more commodious
quarters within a few days. ,
BLOOMFIELD Tho pupils of the public
schools' of this city will hold an art ex
hibition In the hall of the school house
on Thursday and Friday of next week.
The proceeds of the exhibition and enter
tainment following the same will be used
to purchase pictures and paintings for the
various school rooms.
HUMBOLDT Miss Nellie Gandy, who
teaches In a school In the Cottage district,
east of town, has been advised of the seri
ous Illness of her mother, Mrs. Warren O.
Gandy, at Peacock, Sask, Canada, and left
at once for that place. The family moved
from here two years ago. Mrs. Gandy
has been in poor health since she went
OSCEOLA Chris McCormlck was brought
before his honor Judge Campbell charged
with selling liquor without a license. Chris
denied having done anything like that. The
court had evidence enough before him to
convince that Chris had, and so bound
him over to the district court that mf.ets
in April, and Chris had to give a bond
for his appearance of $100.
e" s ps
, III I ;
" ( --
MRS. Q. W. RORER.
Mrs. 0. W. Rorer, of Rockvilla
Center, L. I., suffered so from
headaches and nervous troubla
that she could not sleep.
She has failed to derive any benefit
from the many other remedies she tried.
She has been completely cured and re
stored to health, and now enjoys restful
sleep, thanks to DUFFY'S PUKE MALT
Mrs. Rorer is 64 years of age and can
not say too much In pralae of thlB great
"I have been a constant sufferer from
headache and nervous troubles, some
times lying, awake at night. I saw your
advertisement in the paper and made) np
my mind to try your medicinal whlskey
and It did me so much good that I coo
tlnued It, but now only take It In th
evening and at noon time. I think that
it is better than any medicine 1 can get.
I have not had the doctor once since X
tommenced using it. I thank you again
nd again for the good it has done me
My age is 64 years." MRS. Q. W.
RORER, Rockvllle Centre, L. I Defl. S,
The above unsolicited testlmonal of
Mrs. Rorer is similar in its words oC
praise to many letters received daily,
from men and women throughout th
world, In all walks of life, who hava
been permanently cured by DUFFY'S
PURE MALT WHISKEY, the greatest ot
Is recognized everywhere as the unfailing specific for the cure of consumption, nervousness, typhoid, malaria, every form of
tomach trouble, all diseases of the throat and lungs, and all run down and weakened conditions of the brain and body. Is re
stores youthful vigor to the old by nourishing and feeding the vital forces of life, and maintains the health and strength of
the young. It Is a food already digested. It Is prescribed by doctors of all schools. Is used In all the leading hospitals of the
world, and Is recognized as a family medicine everywhere. It Is absolutely pure. Medical advice and a valuable illustrated
booklet on diseases sent free. Our guarantee is on every butt le.
Duffy's Pure Mult Whiskey i gold by all first-class Drug gifts, (rrocers and dealers, or direct, in sealed bottles only.
Price $1.00. See that the "Old Clienilut" trade-mark i on the label. Look for It carefully, and refuse substitute. It
will cure you after all other remedies have failed. Duffy Malt Whiskey Co., Rochester, N. V.
BOTH MEN PLEAD GUILTY
Captain Etocdall and Lieutenant Clark
Admit Charges Aeaiust Them.
WASHINGTON PRONOUNCES THE SENTENCE
Officers May Be Reduced to Lowest
Rank or Dismissed from the
Vnlted States Army
The trials by court martial of Captain
Ralph R. Stogsdall and Lieutenant Albln
L. Clark of the Thirteenth Infantry camo
to an abrupt termination at Fort Crook
Monday afternoon, through both defen
dants entering a plea of guilty to Inso
briety as Indicated in the specifications and
charges of February 7 and 13, respectively.
In violation of the sixty-second article of
war. The only evidence Introduced In the
case of Captain Btogsdall was that from
Colonel -E. B. Pratt of the Thirteenth In
fantry, which bore upon the previous good
character of the accused oflicer. But no
witnesses were summoned in the case of
Lieutenant Clark. He was represented in
the hearing by First Lieutenant Lindsay
P. Rucker of the Thirteenth infantry.
With the pleas of guilty by the two df
fendants the court had no other recourse
than to adjourn sine die,
In the Interim pending the review and
disposal of the case by Judge Jldvocate'gen
eral of the army at Washington, Captain
Btogsdall and Lieutenant Clark will con
tinue under arrest, disbarred from active
duty as officers. The sentence In cases of
this character may Involve absolute dis
missal from the army or reduction In rank
to the foot of their respective positions, or
less, as the gravity of their offense may be
HUMBOLDT-Mn. Eva Harding died at ', regarded. Captain Stogsdall now ranks as
,11.111. u . i . mi linn n. . ...II'. Itll, in ri
Xew Survey May Be Ordered.
SALEM, Neb., March 4. (Special.) The
idea that the work of sun-eying in the
matter of the Nemaha channel prospect haa
not been properly done la prevalent here.
Most likely the surveying will have to be
done over again. So many objections were
offered at the recent drainage meeting and
o many conclusive evidences ot Incom
petency upon the part pt the surveyors
offered that they now propose to hire an
A Square Deal
Is assured you when you buy Dr. Pierce's
family medicines for all the Ingredi
ents entering into them are printed on
the bottle-wrappers and their formulas
are stunted under oath as being complete
and correct. You knowjustwhatyouare
paying for and that the Ingredients are
gathered from Nature's laboratory, being
selectod from the most valuable native
medicinal roots found growing In our
A merlcan foren"fc4jhl lie potent to cure
are perfect! harrnlajn to the most
delicate woinNia iJT&iluTPTr Net a drop
Amut:li bi-tur a-.-i.t 1 t.-j lH.lhT.ru
ETlIilj ttoiiL Lr.-. rvjuj" tLii m.-iJlL-Mla
principles tiM-n in thi-TuTvii. i(ijr. trini.
Iiiiri glycerine, ilil
six or eight months. The cause was tuber.
culoals, from which she had been lying at
the point of death for several weeks. De
ceased was the wife of Ernest M. Hard
ing, carpenter and contractor. She spent
part of tho winter in California, but could
obtain no relief. Deceased was a native of
this eosnty and was 41 years of age. The
funeral services will be held Tuesday at
the Christian church, conducted by Rev.
DIAMONDS Prsnser, iota add Dodga,
I n irli. io medicinal properties of its own.
being a most valuable antiseptic and anti
ferment, nutritive and soothing demul
cent. Glycerine plays an Important part In
Dr. Pierce's Golden Medical Discovery in
the cure ot Indigestion, dyspepsia and
weak stomach, attended by sour risings,
heart-burn, foul breath, coated tonguo,
poor appetite, gnawing feeling In stom
ach, biliousness and Kindred derange
ments of the stomach, liver and bowels.
liesldus curing all the above distressing
ailments. the"Uolden Medical Discovery
U a specific for all diseases of the mucous
membranes, as catarrh, whether of the
nasal passages or of the stomach, bowels
or pelvic organs. Even in its ulcerative
stages It will yield to this sovereign rem
edy if its use be persevered in. In Chronic
Catarrh of the Nasal passages. It Is well,
while taking the Golden Medical Dis
covery " for the necessary constitutional
treatment, to cleanse the passages freely
two or three times a day with Dr. Sage's
Catarrh Remedy. This thorough course
ot treatment generally cures the worst
In coughs and hoarseness caused by bron
chial, throat aud lung sOectlons. except con
sumption In its advanced stage, the "Uoldea
Medical Discovery la a ntui eBlclant rem
edy, eattecielly lu tlioae otilnu hang-on
coughs caused by Irritation and eotigemlon of
tbe bronchial mucous membranes. The I)l
cuvery Is not so good for acuta coughs aris
ing from sudden colds, nor must It lie ex
pected to cure consumption la lu advanced
stage no medicine will do thstr-but for all
the oltlni. chronic rough, which, if nes-l-4-t-d.
or liailly ttvsid. U-d up to cunsuinp
Uuu. It U lite Ua4 Imaiiclu Uitt vul kaaea.
EYE SPECIALIST!, Huteson Optical Co.
FORECAST OF THE WEATHER
Rain or Snow In Nebraska and
Iowa. Today Probably Fair
WASHINGTON, March 4. Forecast of
the weather for Tuesday and Wediumduy:
For Nebraska Rain or snow Tuesday;
Wednesday probably fair.
For Iowa-Raln or mow Tuesday;
Wednesday fair. '
For South Dakota Fair Tuesday, ex
cept snow In extreme west portion;
Wednesday probably fair.
For Kansas Rain Tuesday; Wednesday
For Missouri Rain Tuesday; colder .In
southwest portion Wednesday.
For Colorado Rain or snow In cast.
rain In west portion Tuesday; Wednesday
fair, except rain or snow in southwest
For Wyoming Snow Tuesday; Wednes
day partly cloudy, snow In west portlou.
OFFICE OF THE WEATHER RCREATT.
OMAHA, March 4. Official Record of tem
perature and precipitation, compared with
the corresponding day of the last three
years: Jr7. isi. lsiot.
Maximum temperature.,,. 38 25 67 . 41
minimum temperature.... I! 1J 3) 21
Mean temperature 36 21 4X 31
precipitation uz T .00 .x
Temperature and precipitation departures
irom ine normal at umini sine March 1,
" wiHjmuiwu witu im iui iwo years:
Excess for the day
Total excess since March 1
Deficiency for the day
Total precipitation since March 1.
Deficiency since March 1
Deficiency for cor. period, 19o8...
Deficiency for cor. period, J9u6...
Reports front Stations at T P.
Station and Stats Temp. Max.
Cheyenne, cloudy ,
Denver, cloudy ,
Kansas City, cloudy
North Platte, cloudy,..,,
Omaha, cloudy ,
Rapid City, cloudy
8t. Louis, cloudy
St. Paul, clear
Salt Lake City, cloudy.
Valentine, part cloudy ,
W II llsi on. clear
T indicates trace of pi
4&3 in the line of 1.19U of the captains of
the regular army, and Lieutenant Clark, as
190 of the 751 second lieutenants of the
Stogsdall la Prominent.
Captain Stogsdall was quartermas
ter of the Thirtieth Infantry, U. 8. A.,
commandant for several years ot the
Omaha High school cadets and prominent
in uoclety. His regiment is under orders
to sail during the coming summer for the
The personnel of the court was:
President. Colonel Alexander Rodgers ot
the Sixth cavalry at Fort Meade; Captain
Edmund L. Leary, Eleventh cavalry, Fort
Des Moines; Lieutenant Colonel William
Paulding, Eighteenth Infantry, Fort Leav
enworth; Lieutenant Colonel Cunliffe H.
Murray, Eleventh cavalry. Fort Des
Moines; Major Richard M. Blatehford,
Eleventh Infantry, Fort D. A. Huasell;
Captains Frederick D. Evans, Munroe Mc
Farland, Eighteenth Infantry, Fort Leaven
worth; Captain James A. Cole, Sixth cav
alry, Fort Miade; Captain Samuel D.
Sturgls, artillery corps, Fort D. A. Russell;
Captain Robert J. Fleming. Tenth cavalry.
Fort Robinson; Captains Hansford L.
Threlkeld, Inane Erwln, Guy O. Palmer,
Thlrtietl. Infantry, Fort Crook, and Cap
tain Thomas E. Merrill, artillery corps.
Fort D. A. Russell.
Under the customs of the regular army,
an officer cannot be tried by a court-martial
except by his equals or superiors In
rank. Captain Stogsdall was to have been
defended by Captain Waldo E. Ayer, Thir
teenth Infantry, and others.
The findings of the court will not be
made known until after their submission to
the Judge advocate general of the army at
Washington for review and approval, fol
lowing which the findings and sentence
will be promulgated In general orders from
headquarters, Department of the Missouri.
conference held at Omaha published. 8. P.
Morris, Dean Beecher and D. D. Hayward
were appointed to arrange for tho next
state conference, which will be held either
in Omaha or South Omaha. The executive
committee will work up interest in the na
tional conference, to be held in Minneapolis
June 13 to 19.
The committee hopes during the year to
enlarge the scope of the organisation by
admitting to membership representatives of
societies engaged in general benevolent
CHARITY PAPERS IN PRINT
Proceedings of Conference of State
Workers in Omaha Will
Part of the executive committee of the
State Conference of Charities and Correc
tions met yesterday afternoon In the Com
mercial club rooms and transacted routine
business. It was decided to have the pro
ceedings and papers of the recent state
PRESIDENT SHONTS RETIRES
John F. Stevens Temporarily Placed
at Head of the Cnnal
WASHINGTON. March 4. The resigna
tion of Theodore P. Shonts as chairman of
tbe Isthmian Canal commission and that
of W. Leon Pepperman as assistant In
charge of the Washington bureau of the
commission became effective today.
Joseph Bucklln Blslanp, secretary cf
the canal commission, is in charge of the
By an executive order issued today,
John F. Stevens, at present the chief engi
neer, has been appointed chairman of the
Isthmian Canal commission, succeeding
Theodore P. Shonts resigned. This ap
pointment is temporary, until such lima
as Lieutenant Colonel George F. Go-Hhala,
who also has been appointed a msmber
of the commission to succeed to the va
cancy caused I. the promotion tf Mr.
Stevens to the chairmanship, ahull take
charge on the Isthmus.
Colonel Goethals' salary Is fixed at
$16,000 per annum, which Includes his
Secretary Taft has been advised that
the test pits for the Gatun locks will
be completed and ready for his Inspection
April 1. Therefore, he has arranged to
sail from Charleston, 8. C, March 34, on
a naval vessel In company with the expert
civil engineer he has chosen for the pur
pose of making a technical Inspection of
the work. ,
m. Temp. fall.
32 44 T
44 44 T
30 38 .00
34 J .00
W 42 .K)
l 44 .u)
' 40 .00
37 38 T
4 34 .00
4) 43 .00
iS 30 .00
I M .0t
" JO .Ot
The General Condemnation of So-Called Patent
or Secret Medicines
of an injurious character, which indulge in v extravagant and unfounded pretensions
to cure all manner of ills, and the
National Legislation Enacted to Restrict Their Sale
have established more clearly than could have been accomplished in any other way
The Value and Importance o! Ethical Remedies.
Remedies which physicians sanction for family use, as they act most beneficially and
are gentle yet prompt in effect, and called ethical, because they are of
Known Excellence and Quality and o! Known Component Parts.
To gain the full confidence of the Well-Informed of the world and the approval of
the most eminent physicians, it is essential that the component parts- be known to and
approved by them, and, therefore, the California Fig Syrup Company has published for many
years past in its advertisements and upon every package a full statement thereof. The per
fect purity and uniformity of product which they demand in a laxative remedy of an ethical
character are assured by the California Fig Syrup Company's anginal method of manufacture,
known to the Company only.
There are other ethical remedies approved by physicians, but the product of
the California Fig Syrup Company possesses the advantage over all other family laxatives
that it cleanses, sweetens and relieves the internal organs on which it acts, without
disturbing the natural functions or any debilitating after effects and without having to
increase the quantity from time to time.
This valuable remedy has been long and favorably known under the name of
Syrup of Figs, and has attained to world-wide acceptance as the most excellent of
family laxatives, and as its pure laxative principles, obtained from Senna, are well
known to physicians and the Well-informed of the world to be the best of natural
laxatives, we have adopted the more elaborate name of Syrup of Figs and Elixir of
Senna, as more fully descriptive of the remedy, but doubtlessly it will always be
called for by the shorter name of Syrup of Figs; and to get its beneficial effects,
always note, when purchasing, the full name of the Company California Fig Syrup Co.
plainly printed on the front of every package, whether you simply call for Syrup
of Figs, or by the full name, Syrup of Figs and Elixir of Senna, as Syrup of Figs
and Elixir of Senna is the one laxative remedy manufactured by the California Fig
Syrup Company, and the same heretofore known by the name, Syrup of Figs, which
has given satisfaction to millions. The genuine is for sale by all leading druggists
throughout the United States in original packages of one size only, the regular price
of which is fifty cents per bottle.
Every bottle is sold under the general guarantee of the Company, filed with the
Secretary of Agriculture, at Washington, D. C, the remedy is not adulterated or mis
branded within the meaning of the Food and Drugs Act, June 30th, 1906.
CALIFORNIA FIG SYRUP CO.
San Francisco, CaL
U. S. A.
New York, N. V.
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