Omaha daily bee. (Omaha [Neb.]) 187?-1922, March 05, 1907, Page 3, Image 3
TIJE OMATTA DAILY BEE: TUESDAY, MAKCH 5. 1D07. i 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 Piles Cured F ree Get IUd of Your Piles HI (fit Now Pyramid Pile Cure Can IK It " Quickly and PainlctiHly. mi MCXAOII BE ITT TO PXOT1 XT. Half of the suffering and torture of plies has neer been told. But no matter. 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Here is one of the many thousand letters we get about this great cure: "I have, been a terrible sufferer of piles for fourteen (14) years andi during all thts time you can have an idea of bow pnany kinds of medicine I tried. But I found no relief whatever. "Now, after trying but one treatment of your. Pyramids, I am free, free to tell all sufferers of this dreadful disease to try this medicine the Pyramid Pile Cure. It will cure when all others fall. Sincerely yours, George Branelght, Schellburg, pa." The Pyramid Pile Cure Is put up In the form of "easy-to-use," specially made suppositories. They are soothing, pain less. Instant and certain. A trial treatment will be snt you at once by mall. In plain, sealed wrapper, without a cent of expense to you. it you end your name and address to Pyramid I rug Co., 83 Pyramid Building, Marshall. Mich After you receive the sample, you can get a regular-sixe package of pyramid ' Pile Cure at your druggist's for 60 cents, or If h hasn't it. send us tbe money and we will send It to you. 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 once. 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 184.108.40.206. 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 court. I'ecrees affirmed. Mr Justice Beckham and Mr. Justice McKenna dlssf-nt. 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 effect today. 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 obtained. 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 Formal Opening Souvenir Sale 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 Beaton Co. 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 ing. MEADOW GROVE A light snow fell Monday night which melted rapidly on Tuesday. 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 taxes. 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 successful. 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 of $32.60. 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 north. 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 ; r " ( -- ".-x X ".:..::'' 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 WHISKEY. Mrs. Rorer is 64 years of age and can not say too much In pralae of thlB great family medicine. "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, 1906. 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 all medicines. Diiffy's Pure Uialt WH.s.tey 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 . v 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 Entirely. 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 iiU1royJ ftnirfly.lE.ffiiiVjItuiii. 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. Bert Wilson. DIAMONDS Prsnser, iota add Dodga, agent DUMteaael 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 casea. 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 Tomorrow. 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 probably fair. 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 portion. y For Wyoming Snow Tuesday; Wednes day partly cloudy, snow In west portlou. l.oral Hecord. 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: normal temperature Excess for the day Total excess since March 1 Normal precipitation 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. or weainer. Bismarck, clear Cheyenne, cloudy , Chicago, cloudy Davenport, cloudy Denver, cloudy , Havre, clear Helena, clear Huron, clear 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 M i 7 4H Inch .C2 Inch .03 Inch .13 Inch .11 inch .16 Inch M. Rain- 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 army. 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 Philippines. 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 work. CHARITY PAPERS IN PRINT Proceedings of Conference of State Workers in Omaha Will Be Published. 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 Commission. 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 Washington office. 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 army pay. 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. 22 .00 32 44 T .ua 3 .(0 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 mm t I M .0t " JO .Ot pltatlon. 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. Louisville, Ky. San Francisco, CaL U. S. A. London, England. New York, N. V.