Tim OMAHA DAILY BEE? FRIDAY, DECEMBER 0. 1P07.
DETAILS OF MURDER TRIAL
rre Knil Tntllm at Gran 4
Islaasl Behalf of Praae
ratlaa. GRAND ISLAND. Neb.. Dec. l.-(Bpe-rtl.)
In the Wal)ae murder trial the Jury
ass completed yesterday and a statement
If the case wu made and two wltneaaei
rworn. one of whom waa an eye witness to
lie scrimmage which preceded the shooting,
tut not to the fatal shot.
According to this witness, George Krout.
V silage had made sarcastic remarka. 111111b
tad arisen to strilcs Wallage with a beer
Kittle and Wallace had pulled a gun. Hlllls
sept Wallace hand holding the gun up
Over Ma head and the bullet went Into the
telling. Here the witness ran out of the
room.
He heard another shot Just as he was
hearing the top of the stairs from the base
ment card room, followed the proprietor,
Mr. Bock, bark and saw mills lying on
'.he floor, with Wallage standing or stoop
tig over him.
Krout stated that Wallace came Into the
mom when he, one Hendricks. McAllister
ind another man were at the table in a
tame. This was a-bout J0 p. m. Wallage
Itood near, him and made the remark that
is could play as good as wltneas and
thought he would Hks to sit In. Ha gave
la chair to Wallace, taking another. Wal
lage and Hlllls sat opposite each other.
They played unUl after 11. Hlllls was wln
tlng and he and Wallage had been losing,
fust before the trouble began Wallage had
isked Mr. Book to go upstairs and get him
ome blank checks. Bock went up. Borne
remark was made about some one being
KM oat after some sandwtchea Upon this
remark .Hlllls arose, went around behind
altness and struck at Wallage with a
. eer bottle. He thought the bottle' struck
Wsllsgo on the shoulder. It must have
glanced, however, for It struck the chair
or table next and was broken. Aa soon
as the men were together Wallage had a
gun In his hand, which he believed the
defendant had taken from his coat pocket.
The men clinched and Hlllls had for a
time held the arm of the hand which had
the run In the air. One shot was thus fired.
The bullet went up through the celling. In
the scrimmage the gun was lowered, Hs
tnussle was pointed toward the witness, and
the witness left the room for the upper,
ground floor. While he was running - he
heard the scuffle . continue. When he re
turned, following the proprietor, Mr. Bock,
.-Jlltl Is wajtjrlag sbaut four feet from X he
door, facing the door. According to wlt
' Tiess Wallace was not under the deceased.
as Is claimed by the defense. The court
What Time Is It
By Your Stomach?
If Your Stomach Does Not Strike "Meal
Time!" Thrco Times a Day, It
Usually Means Dyspepsia.
HOW TO BE HAPrY-HVXGRY.
Aa a rule all hours of the day look
i alike, and feel alike, to the dyspeptic
There Is no hankering for breakfast, no
gnawing for lunch, and no mouth-water
ing for dinner. Disgust taes the place
11 .. ))
i ... '-:; v : .v.
f desire, snd the dock Itself at meal
inie reflects the owner's grumpy face.
It before breakfast, before dinner and
tefore supper you do Dot feol a happy
i unary feeling and longing for food, and
'eel (hat you could eat almost anything
ut before you, you have a symptom of
lyspepsla.
It during your meals you still have an
version of fod, or feel hungry and not
hungry at the time time, you have a very
ironounced ess of dyspepsia.
, If after your meals you feel bloated.
r gassy, ot you have heartburn and pains
n your s.omach. or you feel gurgly brash
islpg In your threat, you have a chronlo
? of dyspepsia, and you have had it a
'ong iiirif, probably without realizing It.
For all those things there Is a sura
cur, a curs that will make moaitlmo aa
waited pleasure, and the meal Itself a
nothing luxury. Thla la true because
.be cure. tttuart's Dyspepsia Tablets,
-ontain Just the elements which a good,
rrongi healthy stomach has. 1
. Each llttls tablet Is enough to digest
'.(US grains, of food, thoroughly and wau
ust as though you had no stomach at alL
Istuart's Dyspepsia Tablets actually do
ill the work of a healthy stomach. They
tlgest It your stomach can't. They digest
iverything.
Take one or two after each meal and
inuw what it la to have ths luxury ot a
xrfert digestion, and stop Irritation.
V? letting, bloat and brash, and that "lump
tf lead" feel lag. They cure dyspepsia, m
Xlgestkoa and all stomach troubles. They
jontain absolutely nothing harmful. They
are snada of golden seal, dlaataaa. and
. similar digestive agesta.
Try several today and let your atom''
son be convinced, let oar mind be at
toao. and your face be rosy.
Stuart's Dyspepsia Tablets at any drug
Kors on earth, smc a boa. "
, n us your hams and address today
md ss will at ones send you by. man a
sample package frea. Address F. A.
Stuart Co, 1M Stuart buUdlag. Marshall.
aifcta.
At ail AruggUla, too a bos.
WHY NOT SAVE
ON BOYS' SUITS OR OVERCOATS?
We are firing that dloconnt on Boys' Clothes until Christmas.
We're always maintained, and thousands of economical parents
hare learned, that our prices are the lowest in town, considering
the quality. Why sot take advantage of out extra discount and
get good garments for less than most stores ask for the most
ordinary makes? Come in look and if you see what you want,
pay us our regular price less 20 per cent discount and bear In
mind, we haven't tampered with our regular prices Just a bona
fide 20 per cent reduction, that's all.
was adjourned with Witness Krout still on
the stand.
MAXY ENTRIES FOR CORV CONTEST
State Officials Present and Address
Mndents at Genera.
GENEVA, Neb., Dec. 19 (Special.) The
corn contest was held jesterday In the
court room. There were ten entries In yel
low corn. Jonn Hofferber of District S.
took first; Berlle Hadden of Dlstlrct 37,
took second. Twenty-three entries In ten
ears of white corn. Duff Demlng of Dis
trict 17 taking first and Paul Donlsthorpe
of District 13 taking second. Five entries
In the greatest varieties. Duff Denlng tak
ing first and Bruce Softly of District 74.
second. Twelve entries In cornb-ead conUst,
Hope Adams of District 75 taking first
and Ethel Brown of District IS, second.
W'heat bread, ten entries, Susan Ewalt of
District 75 taking first and Nora Harring
ton of District 65, second. Best apron,
eleven entries, Helen Edgecombe of- Dis
trict 75 taking first and Harriet Ray of
District 75, second.
State Treasurer I O. Brian, with H. M.
Eaton, commissioner of public lands and
buildings, visited and Inspected the Girls'
Reform school on Tuesday, and yesterday
visited the high school, where they ad
dressed the pupils. Superintendent Eaton
Is brother of H. M. Eaton.
The morning session was devoted to re
ceiving and entering exhibits. During the
afternoon a program was given In the court
room, with songs and addresses. Miss
Lula Wolford of Pawnee City addressed
the Boys' and Girls' clubs. Mr. E. C.
Bishop explained the nature of the state
corn contest.
TICTISI OF ASS AIL T LIKELY TO DIE
Indicates by Sign She Knovrs Man
Who Committed It.
MILFORD. Neb., Dec. 19-(Speclal Tele
gram.) Mrs. Frank Smith, ,; who . was as
caulted last Monday, Is still living, but at
tending physicians are of the opinion that
she will not survive the night. She was
struck with a singletree taken from a cul
tivator In the barnyard. The stroke was
on the right side of the head, causing a
blood clot on the brain and paralysis of
the right side of the body. She recognised
the tmmealate family and neighbors, and
indicated yes and no In answer to ques
tions by opening and closing the left hand.
By this means she has informed the au
thorities that two persons commlttttd tho
assault, and that she has been acquainted
with them a long time, but as yet has not
divulged the names.
The struggle commenced in the kitchen,
where a tuft of clotted hair, her lower
false teeth and spectacles were found. She
had then evidently been carried diagonally
across the parlor and set up against tier
bed on the floor In her room, adjoining,
where Mr. Smith found her on his return.
braska riab Organised.
SPOKANE. Wash.. Dec. 19. tPpucial.)
Former students of the University of Ne
braska assembled In the banquet room of
Davenport's recently In honor of Chancellor
Andreas of the University of Nebraska,
and at the close of the reception to Dr.
Andrews organised a 1'nlverslty of Ne
braska club. There were thirteen former
students of the university present. Includ
ing Prof. Elton Fullmer of the Washington
State college at Pullman, Mrs. Fullmer and
R. W. Fletcher of Pullman. Toasts were
responded to by Miss Nellie Dean. W. R.
Sampson, Mrs. C. J. Berkey. Prof. Elton
Fullmer and Dr. Andrews. W. F. Meier
was toastmaster. Those present were: W.
F. Meier, Prof, and Mrs. Elton Fullmer.
R. W. Fletcher. C. F. Cowen. L 3. Pospsil.
Prus Twon, W. R. Sampson. Mr. and Mrs.
C. J. Berkey, Miss Nellie Dean, George A.
Le and Mtss Butler of Cheney. The offic
ers of the University of Nebraska club
chosen last night, are: C. J. Berkey, presi
dent; L. J. Pospsil. vice president; Miss
Nellie Dean, secretary-treasurer.
Nebraska Xtsi 'otea.
OENOA The mercury fell to Z degrees
below aero this morning.
MILFORD Charles McClester of Lin
coln, working on the Burlington water
tanx. rell at this place last evening, badly
fracturing his right knee.
KAIJJi CITY Rev. R. rVoner Kullev wu
Installed pastor of the First Presbyterian
church of this city Wednesday evening.
The services were very impressive The
sermon was delivered by Rev. W. H.
Kearns. D. !.. the constitutional questions
and installing prayer, as well ss the charge
iu wie people, oy ev. . . McKee (.antral!,
moderator of the Nebraska City presby
tery. The musical numbers consisted of a
vucal solo by Mirs Una Snldow and a vio
lin duet by the Misses Alice Cleaver and
Anlla Wilson.
GIBBON Three Inches iLinow fell here
There is fine sleighing.
PLATTSMOUTH-Rev. J. F. Inshorxr
united In marriage at high noon Louie
aieihingrr and Mits Katie iiild.
BEATK IC E Csrl W. Schenk. a section
hand on the Union I'aclrtc mad had his
foot crushed by a tie tailing upon the iiicm-
oer.
YORK Another snow fell last evening,
which is wanted and annreciated tv the
farmers who have In a large acreage of
winier wneai.
BEATRICE Superintendent Fulmer de
livered an Interesting aJdress yesterday
morning In the high school chapel on the
uojeci ot astrology.
YORK For the drat time in many years
there will be no lncomlna new officials. All
of the present officials whose terms of
omce expired were re-elected.
BKATRICE Lst night was one of the
coldest of the season, the .temperature
dropping down to five above aero. Snow
covers the ground to the depth of several
Inches.
BEATRICE J. C. Higby, a pioneer resi
dent of Beatrice. Is lying seriously 111 at
the home of his daughter, Mra M. A.
Metxger. at Council Bluffs, la. He Is
nearly Is) years of age, and his recovery la
extremely doubtful.
BEATRICE The local tinlon of painters
and decorators gave a ball In Nichols' hall
last night, nhlch waa attended by about
fifty couples. Music wss furnished by
Jenkins' orchestra, and the affair was a
success In every wsy.
YORK According to the ststenients re
cently published under csll of the comptrol
ler of the currency, the nsrional banks of
York county show a most sound and
healthy condition: In fact, betUr than one
year ago at this time.
PIATTifslOUTH Mrs. Lucy Ann Scher
merhurn. aged 7 years, passed away In the
home of her daughter, Mra C. E. Vruraan.
Tna funeral services ere conducted by
Dr. A. A. Rsndall In the Methodist Epis
copal church this afternoon.
SUTHERUANIV-Dr. William Eves of
Hershty died Tueaday evening after a
short UUsaa, hja dealA being rutin! Uus to
paralysis. He was 63 years of age and
had been a resident of this vicinity and a
regular practitioner for manyy ears.
SUTHERLAND Rev. Fred Johnson has
moved his family here from Llewellen and
will assume active pastoral duties in con
nection a 1th the local Methodist Episcopal
charpe. Rev. Jenkins with his family will
remove to Llewellen, it Is undestood.
YORK The sale of blooded cattle and
hogs held In tho pavtlllon of the Fsrmers'
exchange building was well attended and
better prices prevailed than even the own
ers exiiected. A number of buyers from
other parts of the state were here fend the
stock sold well.
FLATTSMOUTH Mrs. Frank M. Haller,
a daughter of the late Mr. Linlnger. and
Mrs. R. C. Hayes of Omaha erected a
Christmas tree in the Nebraska Masonic
home. Just as Mr. Linlnper had previously
done. snr he inmates were all generously
remembered, as usual.
BEATRICE Nowtta council. No. 14. De
gree of I'ocahontss. elected these officers
last evening: Sarah Roller, Pocahontas;
Llllle Pethoud. Winona: W. S. LeSelle, pow-
hattan; Jessie B leech, keeper oi wam
pum; Jennie Appl'et. keeper of records;
Lulu B. Gish, prophetess; Mary E. Beats,
trustee.
BIX'MFIELD Liberty camp No. 42.
Rn-al Neighbors of America, elected the
following officers: Oracle. Mrs. Ballan
tvne: vice oracle. Mrs. M-Court; chancel-j
lor. Mrs Tv,n; recorder. M"-. Crosby:
receiver. Mra Tatum; manager, Mrs. Bas-e;
inner sentinel. Mrs. Gartner; outer sentinel,
Mrs. Brueggemann.
CLARK 8 A business change of Interest
is the retirement of W. C. Knight from the
firm of Stanley & Knight. The store will
now be conducted by W. L. Stanley. Mr.
Knight and his father. Elwood Knight,
have bought the hardware business of Ed
Johnson, who will move to Lincoln to
educate his children.
SUTHERLAND The cool weather and
snowstorms have been looked for by the
ranchers for some time, and they were
pretty well prepared with feed and accom
modations for their stock. Hay is plentiful
this season and with the. abundance of
other feed accessible, there Is little likeli
hood of Important loss of stock.
SUTHERLAND It is the expectation of
he Sutnerland State bank to occupy Hs
new brick home about the first of the
year. The Sutherland State is one of the
most progressive and Important country
banks in this section of the country and
Its definite Improvements give good indica
tion of its sound financial conditkm.
BLOOM Fl ELD O. P. Beach, an engineer
on the Omaha railroad, running between
here and Sioux City, departed yesterday
for Mare Island and the Pacific coast,
where he will enter the met-hanlcal depart
ment of the United States navy. Beech Is
a first-class mechanic and expects to at
tain great prominence in nis new career.
dt iTTSMfii'TH-In the d'strict court
the case of Homer Foster, charged with
having held up ana rocoea
on the street in Louisville, this county,
was called and upon request of the defend
ant wss continued until next term. Judge
Paul Jessen also disposed of a number
of tax title cases and adjourned .JTt until
December Eti.
YORK The York Farmers' Elevator com
pany, after disposing of Its elevator, find
that it does not have monev enough to
puy off the Indebtedness, and has com
menced suit against some of the stockhold
ers who have not paid up and propose to
make every stockholder pay his proportion
of the losses and that the burdens shall
not fall, on a few.
BEATRICE Sheriff McNulty. who has
been In the city the last few days, looking
after his claims against the county for the
rapture of R. Mead Shumway, the mur
derer, returned to his home at Oregon,
Mo., today. For the capture of Shumway,
Gage county offered a reward of $fA; Jacob
Martin, husband of the murdered woman,
il.uoo, and the state $-00.
BEATRICE The school house at Hoag
whs slightly damaged by fire yesterday
morning. When ti.e teacher. Miss Young,
opened the door she found the room ably.e.
With the asslntance of the scholars she
extinguished the flumes. It is thought by
the school authorities that the fire was
started carelessly and maliciously by some
tramp who found lodging in the building
over night.
BEATRICE The Woman's Relief corps
served dinner yesterday at the court house
to the county officials. Including the Board
of Supervisors, which is in session here
this week, the newspapermen and a few in
vited guests. Address's were delivered bv
W. 8. Tllton and Rev. J. K. Davis, and all
present er.joyed the hospitality of the mem
bers of the corps to the fullest extent.
NEBRASKA CITY Prof. A. L. Edwards,
principal of the Lnrton schools, who was
arrested on the charge of adultery, was
arraigned before the county Judge and a
continuance taken unti Saturday next,
when a preliminary examination will be
held. Edwards claims that he secured a
divorce from 1 Is wife while a resident of
Kearney, this state, and was then married
to the woman who Is now hrs wife. He
promises to clear himself.
NEBRASKA CITY Ths Degree of Honor
has elected the following officers for the
ensuing year: P. C. of H., Ella Mordock;
G. of H.. Sadie Katenstein: L. of H.. Hattie
Schrimpf; C. of 11., Beulah Bibout; re
corder, Kmma Imnman; financier, Theresa
Neff: receiver, Mvrtle Cllnkenleard ; usher.
Minnie Miller; J. W.. Lillian Bone: O. W..
Flora Bone; organists, Lizzie Proper and
Bertha Coffey; medical examiners, Drs. C.
P. Crudup and F. M. Neville.
YORK Manufacturers of an automobile
made especially for the farmer trade and
for the trade that wants an automobile at
a reasonable price and one that Is made to
stand the wear have promoted and sold
sufficient stock In York since the financial
flurry to start up the factory at this
place. The Kllbourne wheat clesner, said
to lie the only machine of its kind and a
machine that actually titans the wheat be
fore being ground, will also be manufac
tured. Mr. Kilborne Is a resident of York.
NEBRASKA CITY Complaint was filed
several days ago against Jacob Landrotk.
a saloonkeeper at Lorlon, charging him
with violating the pure food law. His of
fense consisted of selling Intoxicating
l.quors without putting on the proper label.
He was nolihed aeveial days ago what hd
been done, but he noli tied the antinomies
that ha was sick with rheumatism and
would come to town as soon as he was
abie. He came In yesterday and pleaded
guilty and escaped with a t'.ii tine. This
Is the first lorjvi. lion In tins county under
the pure food law.
BEATRICE At the regular meeting of
the city council at Wyno.re last evening,
tne complaints charging George Shcff Hnd
G. Hulshix-r. two saloonkeepeis. with gam
bling, were ait-posed or. 1 tie city attorney
InsUled on tftc cases being tried. He ar-
?u-u that if the men were found guilty
l.eir licenses should be revoked. Adam
McMull-n, attorney for the defendants,
contended that tho council had no rignt to
sit as a court to try these cases. After
considerable discussion the council dis
missed the complaints. Similar cases are
pending In Judge Crawford s court against
the defendants.
CLAKKS This community has suffered
almost simultaneously the loss of two of Its
aged and honored cittb-ns. William Aixi
diod Tuesday, December 7, after a linger
ing Illness, at the age of si. Mr. Abel ciu
to Merrtt k'county as early as UTv. He was
a litelong member of the Society cf Friend
and was highly respected fur his splendid
qualities as a mau and cllixns. Practically
the same language Is applicable to the
character of John Higgins, whose sudden
death occurred Wednesday. Hs was born
In County Cork. Ireland. sventy-nvs years
ago and earns to this county as one of Its
earliksl settlers in i. Mr. Higglns was
the first section foreman for tlie Union
PaMhe at this point, which position he
continued to hold until Incapacitated by old
age. Both of these men were of a sturdy
aud admlrabls uj and will b ?eply
Biisatd. iierc
LIABILITY OF TREASURERS
Attorney General Thompson Fuses on
Some Qneitiom Propounded to Him.
ROAD BLAMES CLLEK FOR DELAY
Rallrwad finanlnlfi Orders Shesl sussl
Other Facilities Constrwrtes' far
Handling sf Cream at Osisks
I law Depot.
(From a Staff Correspondent.)
LINCOLN, Dec. IS (Special.) Treaanrer
Brian has received npmerous letters from
county treasurers lately regarding county
deposits, and In order to be able to answer
frese inquiries he applied to the attorney
general for an opinion, submitting to the
legal department the propositions which
had been put up to him. The opinion of
the attorney general was handed down to
day and It is considered of vital import
ance not only to the county treasurers, but
to the taxpayera Ths county treasurers,
so the attorney general holds, are respon
sible to the county not only for the county
money deposited In a bank which has not
been designated as a county depository,
but responsible also for the Interest on
the deposit The opinion Is as follows:
I have your communication submitting
the following propositions and requesting
an oplnina thereon:
"Is a county treasurer permitted by law
to deposit funds In banks In the Individual
name o fthe county treasurer In such a
manner that the books of the bank fall
to show any county funds to be covered
bv such deposit?"
Section is chapter 1. article 111, Compiled
Statutes of 1!Hj7, and sectnons following,
provide the manner In which county funds
may be deposited by county treasurers In
depository banks. Before a county treas
urer is authorized to deposit public funds
of the county In any bank It is necessary
that compliance be made with the provis
ions of sections IS. IS snd a. chajjter 18,
article II, Compiled Statutes of 1907. They
should be deposiide in such manner that
it could be ascertained upon Inspection of
the records that the same are funds of
the county. No specific form of the ac
count is provided for in the statute.
Section 18 of the depository law contains
sn express prohibition against the deposit
of any county funds In bank except where
a bank or banks have been selected by
the county board fo rthat purpose and a
depository bond or bonds hsve been given
by the bank and approved by the board.
The county treasurer has no right or au
thority to mingle the public funds of the
county with his own private funds In an
account in any bank.
"Where a county treasurer so deposits
county funds In a bank In the individual
name of ths treasurer, and such bank Is
not a county depository and the bank pays
no interest on such deposits to the county
or to the treasurer. Is the treasurer liable
to the county for interest?"
As hereinbefore stated, the county treas
urer has no authority in law to deposit anr
county funds in a bank unless such bank
has been duly selected, given bond, and
the bond has been approved by the county
board. Deposit of county funds by the
treasurer In a bank not a duly qualified
depository bank Is unlawful and the county
treasurer Is liable for interest thereon. In
my Judgment.
"What is the liability of a bank, know
ing that the county treasurer has on de
posit public funds belonging to the county
where such bank Is not a depository bank,
and what is the liability of the treasurer
for depositing such in such bank?"
In part answer to these propositions I
quote you a ruling of this department
made April 16, lJOu, by my predecessor,
now appearing at page K4 of the Report
and Opinions of the Attorney General for
l&ft-Oti, which Is as follows:
"Banks have no lawful way of procuring
county funds for deposit except to become
a depository, give a bond, and obey all
other regulations of the statute on this
subject. (Compiled Statutes, ch. xvill, art.
3, sees. 18-20.1 Ths bank's possession of
the money withotrt complying with the
statute is unlawful. Our supreme court
once held that the county could not main
tain an action against a bank for county
moneys deposited therein In violation of
law (State against Keim. 8 Neb., ta but
this ruling of the supreme court has re
cently been overruled and the present doc
trine has been staled by the court as fol
lows: 'When an officer charged with the collec
tion and custody of public money unlaw
fully deposits the same in a bank for safe
keeping, and the sume Is subject to the
check or demand of such officer, the state,
county or other municipal body for whom
such officer acted may maintain an action
in Its own name to recover such deposit.' "
A hank receiving county funds for de
posit knowing the character of the funds
and the duties of the county treasurer, be
comes a trustee ex maleluio and is an
swerable accordingly.
Under eucb circumstances the bank must
not only account for the public funds, but
is liable for Interest.
"What is the scope of the Jurisdiction of
the county board in such matters and the
duty of the state examiner of county treas
urers when made acquainted in the prem
ises?" Section W. article I. chanter xvill. Com
piled Statutes of 1907, gives the county
board Jurisdiction to remove the county
treasurer from office whenever shown to
be guilty of misconduct In office and ap
point a suitable person to perform the du
ties of treasurer until his successor Is
elected and qualified.
When It comes to the knowledge of the
state examiner of county treasurers that
funds of the county are being deposited by
the county treasurer in a bank not author
ised to receive the same, it would be his
duty to report such fact in his report of
the condition of the office of said county
treasurer to the auditor of public accounts
and to the county clerk or chairman of the
county board where the examination Is
made.
Brooks Explains Mis Delay.
Superintendent W. E. Brooks of the Mis
souri Pacific, whs waa summoned to Lin
coln by the Railroad commission to ex
plain why his car reports have been lack
ing since September, was on hand today.
He said a change In clerks had caused a
good deal of difficulty in his office and had
resulted In the dVlay of car reports.
Kent Burke of Genoa, grain dealers,
have complained to the Railroad commis
sion that rates charged by the Union Pa
cific on grain between 'Genoa and Kent
and Merchlston are "not on a par with
rates charged between Fullerton and Spal
ding and St. Edward and Albion, though
the distances are about the same. A data
will be set for hearing.
The Railroad commission has decided to
rescind the speed limit order In fores
against the Missouri Pacific road and es
tablished O-ioher 23. The formal order
was made today.
Charles A. Greene, attorney for the Ad
ams Express company, says he is greatly
gratified at the attituie of the supreme
court In refusing the request of the at
torney general to strike out of the plead
ings in the express rate case the conten
tion that the law reducing express rates
went into effect August 6. This gives the
Globe-Wernicke "Elastic' Bookcases
teetional bookcase made, and can be furnished in a variety
of grades, sizes and prices, adapted to any and all require
ments. Let us show them to you.
Exclusive Omaha agents.
Orchard & Wilhelm
. 414-16-18 South Sixteenth
express companies a fighting chance to
knock out tha state's case entirely at ths
later hearings.
Mr. Greens says ths request of the Rail
road commission that reports be filed on
Interstate as well aa state business prob
sbry will be followed, though the companies
doubt ths power of ths board to compel
reports on Interstate business. The com
panies feel that the commission could make
tt extremely disagreeable should the re
quest be disobeyed and probably will obey.
Better Facilities for Cream.
The State Railway commisssl n thla after
noon Issued its order In the cream service
esse. The order commsnds the Union Pa
cific snd those railroad which enter the
union depot at Omaha to construct a build
ing not leas than twenty feet wide to con
tain iflhrt square feet of floor space for
the protection of cream and milk ship
ments; to construct an approach to the
viaduct with a grade of not more thsn
per cent; prohibits the unloading of milk
cans while trains are In motion: requires
the railroad companies to protect sll milk
and cream shipments from the rain and
sun and holds In abeyance ny further ac
tion on- Its previous order to compel the
companies to Issue way bills for empty
cans. With the exception of the order for
the construction of the building by the
Union Pacific and Its associate orders and
the construction of an approach to the
wladuct from the depot, the order is
sgalnst the following companies: Pacific
Express, Missouri Pacific. American Ex
press and the Northwestern railroad. The
order sets out that a condition mny arise
whereby it would be better to ship cream
and milk on freight trains and if such
happens and the shipper and the transpor
tation company agree the freight train may
be used for transportation Instead of the
passenger train.
Contest Before Irrigation BoarsL
The question of the Jurisdiction of the
State Board of Irrigation to entertain a
contest filed by H. O. Stewart against the
Trl-State Land company was taken under
advisement thla afternoon after arguments
had been made to the board by W. A. Dil
worth and F, A. Wright, attorneys for the
land company, and R. M. Hobart for the
contestants. Briefs are to he filed by both
sides. Mr. Stewart alleges that the Trl
State Land company abandoned some of
Its Irrigation rights and he has applied for
these abandoned rights. The land com
pany claims it has not abandoned any
rlghta, and if It has the question Is for
the courts to decide and not tha Irrigation
board.
Treasurers Rrf ase Cheeks.
It Is reported the railroads have had
a hard time paying their taxes. Inasmuch
as in some Instances tha county treas
urers have refused to take checks in pay
ment for the taxes. Out In Hamilton
county it is reported the Burlington ten
dered the treasurer a check for that
road's taxes and It was promptly turned
down. The treasurer wanted the cash.
So far the railroad company haa not sent
the cash and as a consequence the county
Is out the money and the railroad com
pany is being charged Interest. Out In
Sheridan county cash was demanded and
when R was sent out some Jl 8,000 was
deposited in the banks at the earnest so
licitation of some of the citizens and then
the bank in which the money was de
posited refused to pay t out.
Reese Sit with Court.
The supreme court has requested M. B.
Reese, Judge-elect, to eit with U January
7 and 8 to hear arguments so that lie will
be able to pass on cases submitted at that
time. Chief Justice Sedgwick retires
from the bench January and he is to
be succeeded by Judge Reese. Juige
Barnes becomes chief justice, being the
oldest member In point of service on the
bench. He will preside over the court
for the next two years. It is customary
for the next oldest Judge In length of
service during the term to sit at tho
tight of the chief Justice and the Junior
judge at the left. This practice was rot
observed during the last two years for
some reason not known. Judge Letton,
the Junior member, occupying the right,
a position he will retain for ths next two
years.
Internrban Line Planned.
A meeting will be held tomorrow at 1
o'clock at the Commercial club for the
purpose of organizing the new lnterurban
company to build a line to the southeast
from Lincoln, passing through College
View. The articles of incorporation era
now being drawn, the capital stock blng
placed at 1 1,006.000. Officers will be
elected tomorrow and the articles will be
filed as soon as completed. A lirge
amount of stock In ths company has
alread been subscribed for. It is rumored
that J. E. Miller will be elected president
of the company. The new corporation
will be named the Citizens' Interuroan
Railway company.
The first "lap" of the new road will ex
tend to College View and three routes
have been gone over by a committee tnd
it will be up to the board of directors
to settle on one of these routes. One
route starts from Twenty -sixth and
South streets and takes an angling course
to College View. Another begins at
Twenty-eighth and E streets and follows
the Normal boulevard for a distance and
then goes straight south to College Vie.
The third route begins at Twenty-ninth
and Randolph, passes east to Tabilha
Home, thence south past W. J. Bry.in's
home to College View. Ths line to Col
lege View will be built early in the
spring and additional mileage will be con
structed aa the company becomes stronger.
Footpad Hobs Former.
PIERCH Neb., Dec. It (Special.)
Alonzo Snyder, a farmer living near Mc
Lean, in this county, was aocosted by a
highwayman on his way home from town,
beaten into insensibility and robbed of
what money be had in his possession. As
yet the robber has not been located.
Loop City Man Kills Himself.
JANES VI LLE, Wis.. Dee. IS George
Lee, aged 60 years, a rich rancher of Loup
City, Neb., committed suicide today by
shooting the top of his head off. Two at
tempts at suicide were made this week
by his wife whom he had recently married.
When you have anything to sell adver
tise It In Ths Be Want Ad Columns.
"What more appropriate as a
Christmas present for anyone? It
encourages reading and good read
ing is an education, and you can buy
to fit your purse few units for a
small purse, more for a larger one.
It is the original and only perfect
The Best Uittcr Llqucup (
fin!
I i 1 sw i 1 a I J k
TirTdcrbvrq
si Bttfit a1C 'In' j
'vAonie-
Christmas Cigars txt Cut Rates
10 Horfmio House. 5c; tl.St box of to.
10 Manuel Lopes. Clear Havana, c; 12. it
boa bt 10.
It Leonbeart tc; I1.E9 boa cf SO.
10c tunlso, I; x.50 box st BO.
10c Spanish Perfects, 6c; 11-60 hex of It.
10c Besarcla, tc. 11.60 box of 59.
10c KobL kuriu, t for I6e; 13.00 box of
(0: II. TS box cf 25.
t lha He lit. Burns, 4 for Tic; L bos of
tt.
10c Tom Moore. I for 2it; fS.St box of E0:
$1.76 box of it
I 25c Tom Moore. 4 for He; I J. 00 box of
6.
10c Hortense. t for JSe; 11.60 box of 50.
lOo Millionaire, t for 15c: 11.75 r-ex cf 26.
15 Manual Lopes Perfecto, I2-S6 box of tt.
... ?,TbV. ' ery U;? BYBt complete 11ns ef Imported Clpars In th City and
sell at New York prices. Avoid the rush and maJr your selections oarly" o will
aol your orders! and dsltver promptly Christmas A. M o wut
MYERS-DILLON DRUG CO.
ORIENTAL BAZAR.
Must Raise $1,200 by January 1st.
If "a it will pay you to take advantage of the bargains now
offered: Several carpet sixes and many small sized Oriental
3tr Hugs of the. best quality. No one can afford to offer them
as I do and sustain in business. Hand made laces and handkerchiefs. Jap
anese kimonos and jackets, antique brass work and many other articles are
offered at a sacrifice. If you come and inspect them you will be convinced
of the true merit of this alvertlsemenl.
Aa Opportunity for Christmas
216 McCague Block
TsL Douglas 6337.
J. I. XA.V1IMOSIA.M
13th Street. Between
lCi" aay Tim. Kara fjljQ,
11 JL'Tf' 1 To Thought f Thla I V"-
I ; WhV not Pc UP n and
C the" See thli great
-y y'' JL. i'ijfxSil- P'easuro land for yourself.
S if'tf' rw" f Go cut vl the
if sLbJ?V.-J JUactrio tight V
mis Overland Limited
I jSVra 7 !1 You'll find this great train
iV fVVif4j Jl Without a superior. ij
IKV vAT'jJ I aBmln" through dally without if
I VVT' il'' I chaag-s to California via Ij
WTt4 Union Pacific
'4jA I 'V-HJ Tmulreat
V "''"-V fi '''' f'''l CTTT TICKET OJTICr, JX
A delightful trip and a pleasant plaoe to escapi
the rigorous winter. 1
Winter TouriBt Tickets now on sale. ' r
For ratee, detailed information and descriptive
circulars, call at City Ticket Office, 1402 Farnam,
or write
SAMUEL NORTH
District Passenger Agent
mm
Often Imitated but never equalled tie leading1 Bitters
sinca 1646. Now the favorite and mo:t universally
used In all psrts of the world. Alone aa a tonic and
bracr It is unrivalled and at all times especially re
freshing. Gives relish for food, even to ths dyspeptic.
Enjoyable aa a Cocktail ' f
and Better for Yon
A healthful habit la a pony cf "Voittberf?' before
and after meals.
Over 7.000.000 bottles Imported to ths Unites' States.
At U HMt!t. CmA mn4 Kntri. A rt' htltl mfjt'mr JITmiMj
. mt T n. htaWf MnM, .! rr. m
LUTTIES BI0TBEIS. 2M William St. Hew Tsrk. Sol. A rats.
18c Oato Perfecto, lte straight: 11.61 bo)
f 60.
16c La Patricia Perfectn, fl.16 box of lit
ltc La Patrlaoia Pantelloa. 1 for l&c; tX.;
box of it.
IRo Flnson Perfeeto, tl.fv box of It.
16c Rrgaistto Perfects 10c; fa.lt box el
26.
10c Rrgnletto Londea, t far tie; I1.TS boa
of 60.
Z6c Romeo nod JulWt. Psrfoeto. I&.M boa
ef 26.
I for 60c Romeo and Jnllet. M.75 box of
1 j.
la La Regalia. 1 for 6c: $1 It box of t
6o Barron Larrey, 2 for le; L26 box of la,
6c Henry Oeorge, 4 for 15c; 11.55 box cl
It: ft for 90r.
Ic Owl. 4 for lEe; 11.75 box of B.
Cut Rate Cigur Dealers.
Bfcoppers.
Xaraty S3T7.
GAe Omaha
National Bank
Capital $1,000,000
OFFICERS:
President
Vicrlr8ident . . . .
...J. H. Millard
. . . .Win. Wallace
Vice-President
Cashier
Assistant Cashier . . . ,
.C. F. Mctirew
,W. H. Buc-hoU
. . . Frank Uord
DIRECTORS:
Millard,
Guy C. Barton
A. J. Simpson
C. F. McOrew
I. W. Carpenter
C. II. Brown.
L Burgess
3. E. Baum
Wm. Wallace
W. H. BuchoU
Farnam and Douglas.
4W4-1
CUBA, FLORIDA
and (to Orleans
sJn32