THE OMAHA SUNDAY BEE: JULY 18, 1900.
Nebraska
Nebraska
Nebraska
Nebraska
Nebraska
WHEDON FOR THE GUARANTY
Counsel for State Arjjue that Law
Should Stand.
BTATE'S EIGHTS NOT LIMITED
Mar Prevent Private Parties from
Actla aa Danker an Mar
Enforce the Tax en It
Corporation.
' ("From a Staff Correspondent.)
LINCOLN, July 17. (Special. -Coples of
the brief prepared by C. O. Whedon In de
fense of the guaranty banking law enacted
by the late legislature have been filed In
the federal court In resistance to the ap
plication for a permanent Injunction to pre
vent the law becoming effective
In discussing the proportion that the
statute la Invalid because In confl ct with
the Declaration of Independence that all
men are endowed with certain Inalienable
rlghta, and therefore private banks have
been prohibited, Mr. Whedon said the
Declaration of Independence la Just what
It preamble aald It la, a declaration of th
rauea which led the colonies to dissolve
the bond which connected them with a
government to which they had previously
rendered allegiance.
After a lengthy discussion of the police
power of the atate, Mr. Whedon arrived
at the following conolualon:
L That no cae decided by the supreme
Court of the United Slates, and no principle
of law enunciated by that court, austaina
the contention that the Nebraska statute
of lStO deprlvea the plaintiffs, or any of
them, of rlghta guaranteed under the con
stitution of the United States.
X That the state may. In the legitimate
exercise or us legislative, or police power,
promnit individuals, not Incorporated, from
fngaglna- in the banking business, wlihln
ts jurisdiction, and that It lnfrlnces no
legal right by so doing.
S. That aa the legislative act In question
operates upon all individuals alike, and
does not prohibit them from engaging in
the banking business, but merely pre
scribe the terms and conditions upon
which they may engage In that business, It
Is valid.
4. That the right of the state to enact
such legislation Is sustained, not only by
the supreme court of the United States,
but by the clear and undoubted weight of
authority by the courts of last resort of
the states, the one caae from South Dakota
being the only one which counsel for
plaintiffs have been able to find to the
contrary.
In discussing the guaranty section of the
law, the brief said:
It la said that the effect of this law Is
to take the money of one bank to pay
the debts of another bank. Let It be sup
posed that there are In one county of the
Plate five Individuals who are incapacitated
by reason of age from earning a living
and are dependent upon the public for
support. Originally -each possessed $5,000.
Let It be further supposed that in the
same county were five banks, in one of
which these Individuals deposited the 1V000
possessed by each. The bank holding the
deposits of these Individuals failed and the
entire deposit were lost, and as a conse
quence these depositors became public
charges. Could any of the other four banks
In the county which did not fail success-
.u.ijr mm me levy or collection of the
poor fund tax, the purpose of whlcrn was
to support these five Individuals? I think
not. And yet this would be taking the
property of the solvent banks to pay the
result of the loss of the insolvent one.
In conclusion the brief seta up:
First: That the statute, the constitu
tionality of which Is here questioned, doe
not deprive the unincorporated plaintiffs
of any rlghta guaranteed to them by the
constitution of the United States, or the
constitution of th state of Nebraska
Second: That all banks In this atate,
whether Incorporated or private, may be
required to comply with th guaranty
features of the law.
Third: That the state may. In th ex
ercise of It power of sovereignty, confine
all of the banking business of th state
to corporation.
Fourth: That the incorporated plaint
iffs have, and can have, no contract with
the state which prevents the legislature
from placing additional duties and re
quirement upon them, even to the extent
Of requiring them to set an Ida a per cent
of their deposits for the purpose of aecur-
lng depositor.
Fifth: That the act is constitutional as
a whole, but If unconstitutional as to pay
ing rewards out of the guaranty fund,
or in any of It provisions, those pro
vision are separable, and the other por
tion of the act are valid.
Sixth: That the temporary Injunction
heretofore granted should be dissolved,
the demurrer sustained, and the bill dis
missed, Milan for State Office.
Though only one more day remain for
candidate to file for state offlcea, only
iwo uamocrats nav rued for supreme
Judge and not a democrat ha filed for
regent or the state university. Judge
Dean's Holt county friend sent In another
.petition for him to be the democratlo and
populist candidate for supreme Judge, and
a petition waa filed for W. O. Whltmore
and C. 8. Allen for regents of the atate
university on the republican ticket.
Neither republican or democrat has filed
for the short term for regent.
The filing today were aa follows: Jacob
Fawcett of Omaha, candidate for the re
publican nomination for aupreme Judge to
succeed himself; Jamea E. Cobbey, repub
lican, of Beatrice; B. F. Good, democrat
populist, of ahoo; A. G. Wolfenbarger,
prohibition, of Lincoln; Roy L. Staple, pro
hibition, of Ord, for supreme Judge; John
Von Steen. prohibition, of Beatrice, for
resent of the state university.
The application of C. W. Brown to be
placed on the republican ticket for regent
of th tat university ha not been re
' eelved, but It Is talked around the -state
house that he will file to fill the Abbott
vacancy.
Lincoln Local Note.
Judge Frost has refused a new trial In
the Smith-Coon damage case. Mrs. Smith,
the mother of a daughter who was killed
by the Coon automobile, received a verdict
for $4,500 damages.
Major John M. Burke, the advance man
of the Buffalo BUI show, which will be
' here during the stat fair week, while here
today gave an Interesting account of the
time Buffalo Bill bought aome furniture
from the shah of Persia, who has lust
been deposed. The royal staff of the shah !
objected very strenuously to the head of
Persia shaking hands with an untitled
American. The shah, however, granted an
audience to Buffalo Bill and when the
latter waa ushered Into the reception room
be made straight for the shah and poked
.out his hand and had It shaken. H then
mad the shah feel good by buying some
of hi furniture and shipping it out to
Wyoming, where Major Burke said many a
cowboy ha used It.
Harry Hill, a colored fireman employed
by the Yule Bros, laundry, waa caught In
th ahaftlng at th laundry while oiling
X It and waa whirled around through the air
- and then dropped to the floor and badly
cut up. H was taken to hi home and will
recover.
Die In Hellsrloa Colony.
TABLE ROCK. , Neb.. July 1T.-4 Special )
Word haa been -received here of the
recent death at th Israelite colony at
Benton Harbor. Mich., of George W.
Myers, who lived near here until he left
for Benton Harbor om two or three years
ago. after giving away to this sect prac
tically all of hla property, consisting 0f
several thousand dollars, the protest of
b' friend and relation being of no avail.
Mr. Myer waa a veteran of the clvtl war
and was M year old. II la aurvtved by
lata aged wife, who accompanied him, and
as Mur at Bb&oo Barter.
Boy Drowned at
Grand Island
Cecil Davi Lose Hii Life While
Playing in the Union Pacific
Pond.
GRAND ISLAND. Neb.. July 17.-Spe-clal.)
Ceoil Davis, eon of Mr. and Mrs.
R. L. Davis, was drowned In the Union
Taclflc pond, a mile east of this city. Inst
evening, and It required several hour of
hard work to recover the body Cecil
and another boy came to the pond lust aa
half a doien other boys had completed
their "swim." The lads had tied a rope
across the pond and a raft was played to
and fro. Davis could Hot swim, but had
hold of the rope. He unfortunately re
leased the hold and In addition thereto
slid from the raft. His companion could
iwlm but little, but tried to help the boy
when he came up after the first sinking.
The lad grabbed him In such a manner
that he was himself pulled under. The
companion broke away and tried to get
Davl by the hair a he went down the
second time, but could accomplish nothing,
and by this time waa compelled to make
for hi own safety.
BEER
FOR
HARVEST
HANDS
r.m Forced to Lay In SI
Iz Caae
to Hold HI Help
NEBRASKA CITY, July 17.-(8peolal
Telegram.) The farmers In this county
are short of help and are offering to pay
almost any price for help to care for their
crops. One farmer nirea iwo men yei
day. but they refused to go out unless he
took with him six cases of beer. He com
plied with their request. Others have had
to do many things to Induce men to go out
and help them In their work.
Assessment Fin-are In Mndlaon.
MADISON. Neb., July 17. (Special.) As
sessor Ruth ha filed with the secretary of
the State Board of Assessment an abstract
of the assoaament of the county for 1909,
from which the following are taken, the
valuation being one-fifth of the actual
cash value and the basis upon which taxes
will be computed. Book accounts subject
to taxation are surprisingly small, being
only 110,93. The actual value of all money
on deposit I $617,580. This represents money
subject to check. It appears that there are
fifty-two cash registers, Sl pianos, 59 auto
mobiles, M threshing machines, 99 corn
sheller. 646 cream separators, 3,111 sewing
machine. 42 bicycle and 243 stands of bees.
The average one-fifth value assessment of
automobiles was S,50 each; threshing ma
chines Sr.2.67, corn shellers $17.43. There are
I. 872 dogs In the county, asaeased at $9,(35
actual cash value, and I,M6 sheep, assessed
at $1,268, one-fifth value.. There are 11,442
horses having an actual cash valuation of
$900,070 ; 630 mules of an actual valuation of
$405,970, and 36,201 cattle, with an actual
cash valuation of $767,860. The return show
II, 943 bushels of wheat, 780,810 bushel of
corn and 191,000 bushels of oata In the bins
and crib of the county. The share of
national bank stock number 3,600, with an
actual valuation of $441,560, and the 2,220
shares of state bank stock Is valued at
$288,805. The one-fifth valuation of personal
property of the county amounts to $1,294,341
and the real property to $5,421,754, making
a grand total of $6,718,097 as th basis of
taxation for the current year.
Cnapman FlKbt I'p to Conrt.
CENTRAL CITY, Neb., July 17.-(Spe-olal.)
For three month now the people
of Chapman have been up In the air a
to who comprise the board of trustees,
the governing power of that village. A a
result of a mlxup In the spring election two
boards have been claiming the right to
run the municipal affairs. Ureater confu
sion waa caused by the village treasurer
being enjoined from paying out any of the
village funds, and no appropriations have
been made to meet current expenses. But
In spite of this fact a number of cement
crossings have been laid, with the expec
tation that when th tangle I straightened
out the expense thus Incurred will be
liquidated. A settlement of the difficulty
Is expected soon, a th matter haa been
coursing through the district court, and
Judge Thomas has the case under advise
ment. One of the. board favor license and
the other aridity, hence the aettlement of
the difficulty 1 awaited with a great deal
of Interest.
Merrick County Land Sell Hlarn.
CENTRAL CITY, Neb.. July 17.-Sp
clal.) The price of Merrick county land 1
still hitting the high places, In spite of
the fact that the big drainage ditch project
through the county waa knocked out by
the board of supervisors. Lester Hyland
of Sweetwater, Neb., ha thl week pur
chased the Flower farm, east of town. In
the Warm Slough section, paying $110 per
acre for the eighty acres. Wunderllck ft
Havellck of David City have sold th half
action of land owned by them east of
town, and Included In the old Hart ranch,
or Smith estate, receiving an even $100 per
acre aa the result of the deal. Dave Burke,
who owns the With row quarter section,
about a mil west of the city, ha this
week refused an offer of $106 an acre for
the land. Another deal Is about to be
consummated which will Involve the sale of
an eighty within a mile and a half ot town
for 12i per acre.
Raider Find Hidden I.lqaor.
CENTRAL CITY. Neb.. July 17.-(Spe-clal.)
Found with a considerable quantity
of liquor In their poaseaslon. Hiram and
Frank Shank of Silver Creek were brought
here for trial Friday. The complaint,
which waa aworn out by Mary J. Lee of
Silver Creek, alleged that they had a
quantity of beer, whisky and alcohol In
their poeaeseion, with the Intention of Bell
ing It. Sheriff Her and , Deputy Disney
raided their premises and found two bar
rels of bottled whisky and two barrels of
beer In Hiram Shank's barn and a case of
beer and a number of empties In hia livery
atable. Their hearing was continued to
August 13 by County Judge Peterson, and
they were released on a $jO0 bond.
Mr. Galloway Held.
BEATRICE. July 17. (Special.) Mr. J.
C. Galloway, who waa arrested at DeWItt
the other day on the charge of trying to
assist br husband In escaping from th
W liber Jail by smuggling a saw Into his
cell, was given her hearing Thursday at
Wllber and held to the district court In
th sum of $500, which she failed to give.
Sheriff Greer caught Galloway Just after
h bad aawed hi way through th cell
and was trying to eacape by making au
opening through the wall.
Charged with Bootleg;!-.
BEATRICE. Nb , July 17.-(8peclal Tele
gram ) J a me Barry, th village black
smith at Odell. was arrested today on a
charge of bootlegging, an Indictment being
returned against him by th grand Jury.
Barry was arraigned before Judge Pember
ton, pleaded not guilty and waa held to
the district court In bond of $1,000, wblch
he gave.
WOMAN IS STRUCK BY TRAIN
Mr. Myers of Glenwood Instantly
Killed at Plattsmonth.
LITTLE DAUGHTER IS UflHUKT
Had J oat Left Train and Were Walk-
Stock Train Strnek
Ina; Down Track When
Her.
PLATTSMOUTH, Neb., July 17. (Special
Telegram. Mrs. Myer and her little
daughter came from Glenwood, la, on the
passenger train thl morning to Pacific
Junction and started west on the Burring
ton track to visit friends and while cross
ing a culvert were struck by engine No.
2213, drawing an extra fast stork train.
Mr. Myers had her head crushed, causing
almost Instant death, but fortunately the
little child escaped Injury. The body "Was
taken back to Pacific Junction and her
relatives notified.
Hall Candidate Lining; t'p.
GRAND ISLAND. Neb., July 17. (Ppe
clal.) The lineup for the primaries Is about
complete In thl county. James Dunkel,
the present Incumbent, for sheriff Is com
peting with Conrad Lassen for the demo
cratlc nomination for that office and
George Poeli, also a present Incumbent,
ha as his opponent Richard Buent. There
Is practically no contest on the republican
side. Louis Schmidt, a candidate for the
republican nomination for sheriff Is not
expected to have much difficulty in de
feating Jim Dawson, an ex-pollceman,
Edwin Kelso will have no opposition. It
appears, for the republican nomination
for clerk, and Judge Mullln no opposition
either In the primaries or the election for
county clerk. It Is possible that Mis Kolls.
county superintendent, will run by petition
and have no opposition.
Needle Cause ot Operation.
CENTRAL CITY, Neb., July 17.-Spe-clal.)
Some time ago while aewlng Mr.
Jamea Hartford, living two miles west of
here, placed a broken needle In a pocket
of her dress and forgot about It. Thura
doy she waa reminded of It in a most un
pleasant way, when an operation had to
be performed in order to remove It from
her body. It had gradually worked it way
Into the flesh, although it progress was
painless, and she waa not aware of Its
presence until seixed with a sudden pain.
Dr. Boyd of this city was obliged to cut
an inch Into the flesh before reaching the
needle and he found the taak of removing
it a very difficult one.
Delegate from York.
YORK. Neb.. July 17. (Special.) The
following delegate were elected by the
democratic county convention, held In this
city, to attend the state convention, to be
held In Lincoln on July 27: 8. A. Tobey,
Dr. A. R. Allen, Daniel Corcoran, H. S.
Burtch, Otis Moulton, Joseph McMahon,
Dr. J. B. McKlnley. Jacob Zleg. H. F.
Requartette, J. F. Learning, Marin Price,
8. V. Phlpps, George Bemls, George D.
Hurlbut, Phillip Kennedy. Dr. L. Stark,
Dr. H. M. Deeiing, George Bowers, Charles
F. Gilbert, W. R. Malcolm and A. L.
Dorsey.
Flllnar at Stanton.
STANTON, Neb.. July 17. (Special.)
With the time for filing for the primaries
at an end a number of candidate hav
filed for the office In thl county, as fol
low: Judge, republican, J. J. Hopper;
democratic, 'W. R, Cowan. County clerk,
democrat, Albert Sharp, John Hanff; re
publican, Andy S pence, Morris B. Myer
Treasurer, democrat, August Fuchs; re
publican, Irvln Nye. Sheriff, republican,
James R. Stucker; democrat, Frank H.
Sella, J. E. Kennedy. Superintendent, re
publican, Archer L. Burnham, Charles 8.
Corey.
Inheritance Tax Distributed.
FREMONT, Neb., July 17. (Special.) The
county board ha adjourned after allowing
bill and transacting a quantity of routine
business. The Inheritance tax fund which
was In round number $10,000, waa appor
tioned among the township principally ac
cording to th deceased partlea from whose
estates It was paid. The roads leading
from Fremont get $6,300, Hooper $1,835,
North Bend, $900, Scrlbner $1,000 and Dodge
$1,000. These amounts will be used for
grading principally though some work of
a more permanent nature may be done near
Fremont.
Small Cnt Cnnae Amputation.
CENTRAL CITY. Neb., July 17. -(Special.)
Thl week R. 8. Powell, a prominent
farmer, cut one of hi finger on a culti
vator blade and Infection set In. It spread
until the whole left arm waa affected and
swollen to the shoulder. Physicians ad
vised him to go to Omaha, where he waa
operated on by Dr. Jonaa at the Methodist
hospital. New ha Just been received that
his recovery Is certain, although he may
lone, the Infected finger.
Nebraakana Sail fr Europe.
NEW YORK, July 17. (Special.) Among
the cabin passenger who sailed for Europe
Thursday on the North .German Lloyd line
steamer Prlnx Frledrlch Wllhelm were the
following: Miss Barbara Sagl. Wllber;
Mrs. W. E. Dewey and A. 8. Ritchie,
Omaha; Stephen L. Getsthardt, Lincoln.
WINS HER HEART
rood that Help Baby ' and th Family
Flsaeoa Mother.
Show a mother how to feed her baby
so that It will be healthy, rosy and plump
and grow up atrong and sturdy and the
mother's gradltude is everlasting.
A mother say: "Five week ago I
weaned baby but could not get her to
take any kind of food until I tried Grape
Nut which sh relished from the first,
and on it she ha plumped up and blos
somed Into a fat. chubby little girl.
"I feed Grape-Nut to her regularly
use three packagea a week for baby and
my three-year boy alone, and I find that
It regulate and keepa them nourished
strong and In good health all the time.
"Since feeding my ch'ldren on U ape
Nuts I have uaed absolutely no medicine
tor either of them. Such food as this
that does such wonders wins Its way to
a mother's heart. Please accept oar
thanks for th good your food haa don
In our family where we all eat It."
Children will grow up strong and
healthy, or weak and puny according to
the food they get.
Grape-Nuts la a complete and perfect
food for adults and children, ! made on
eclentlflc line and thl 1 easily proved
by trial.
Look In pkg. for a copy of the famous
little book, "The Road t o Wellvllle."
There's a Reason."
Ever read the above letter? A new
one appear from time) to time. Thrjr
are genuine, true, and full of hum
Interest,
I
Fourteen Years
for Clarence
Plattsmouth Fanner is Found Guilty
of Killing John P.
Thacker.
PLATTSMOUTH, Neb., July 17. (Special
Telegram.) In district court In this city
today Judge H. D. Travis overruled the
motion for a new trial and sentenced John
Clarence to serve a term of fourteen years
In the state penitentiary at hard labor.
John P. Clarence waa found guilty by a
Jury of killing John P. Thacker by shoot
ing him with a revolver. Both were farm
ers residing about seven miles south of
Plattsmouth. The latter left a widow and
several small children.
Saloon Petition Dismissed.
TABLE ROCK. Neb.. July 17 -(Special.)-The
hearing of the remonstrance to the
saloon petition of Carl Severn, which wan
being heard yesterday, came to an abrupt
ending about noon, when Ed Falloon, at
torney for the petitioner, announced the
petition would be withdrawn, owing to
some legal defects In the notice of publica
tion, points which had been raised by J. C.
Dort and F. A. Barton, attorneys for the
remonstrators.
Slander Snlt at Pender.
WALTHALL, Neb.. July 17.-(Special.)-John
M. Commons has filed In the district
court of Thurston county a suit against
Thomas L. Sloan of Pender for $10,000.
Mr. Commons Is superintendent and special
disbursing agent In charge of the Omaha
Indian tribe In Thurston county. The suit
grows out of charges alleged to have been
made against Mr. Sloan's official conduct.
Boy Find Lost Diamonds.
NORFOLK, Neb., July 17. (Special Tele
gram.) The diamonds lost yesterday by
Mr. C. H. Bowers, valued at $1,000, were
found on a sidewalk by 12-year-old William
Mueller, son of Rev. J. P. Mueller, and re
turned to the owner.
OH Flabt Lower Price.
YORK. Neb., July 17. (Special.) There Is
an oil fight on In York and consumers are
able to buy kerosene oil for 10 cents per
gallon and the best gasoline for 13 cents
per gallon.
Nebraska Mew Note.
YORK The White Tiger, heretofore
proven Invincible, fell before the married
men' base ball team by a score of 12 to 11.
YORK W. E. McCloud has Just an
nounced his candidacy for the nomination
for treasurer, subject to the reDubllcan
primaries.
VALENTINE John Omesher had the
misfortune to have his leg broken by a
colt kicking him. He was brought to town
at once and Dr. Lewis attended him.
BEATRICE Mallndn L. Oartrell. red
33 years, died at Adams, where she had
lived since 187S. She waa a native of Ken
tucky and leaves a family of eight chil
dren.
STANTON Stanton returned from Valen
tine this morning, where they have p'.ayil
all week, and this afternoon played the
fast team from Dodge. Dodge defeated
them, I to 0.
HUNTLEY Mrs. William Skiles. aged S6
years, died at the home of her son four
miles south of this place. Funeral services
were held at the home and Interment was
In Alma cemetery.
NEBRASKA CITY William Butterbaugh
while working at the King alfalfa plant
last evening Dreaklng up some rock was
truck In the eye with one piece and will
lose th sight of that eye. .
BEATRICE Ora McArtor. the boy who
mysteriously disappeared Thursday even
lng from his home near Plckrell, was found
near Cortland yesterday, where he had
hired out to work In the harvest field.
BEATRICE The following filings were
made yesterday at the court house: A. J
Pethoud, democrat, for surveyor; 8. B.
Moore, republican, for sheriff; Dr. J. S.
McCleery, democrat, for supervisor Third
and Fourth districts.
DICKENS The eldest child of William
Brooks, a little girl about 6 years old, was
badly if not fatally Injured here lam night
by the wheels of a wagon passing across
her stomach. It wrs a narrow escape for
the little one, but she may recover.
DICKENS Ray Brown, a young man
who was taken to Omaha a few weeks
ago, and who created some excitement
there by escaplpg from one of the hos
pitals, has returned here to his farm north
east of town. Young Brown seem to be
improved.
BEATRICE B. H. Begole, president of
the Beatrice Commercial club, and Edward
S. Miller and J. A. Klein were In Omaha
Saturday conferring with Union Pacific
officials relative to extending the motor
car service between Beatrice and Marys
vllle. Kan.
VALENTINE Clement N. Hahn and
Miss Ora V. Hooper were united In mar
riage at the home of the bride's parents,
Mr. and Mrs. William Hooper of the north
table. Rev. Mr. Magill of Crookston offi
ciating. The young people are both well
known here. ,
BEATRICE Chairman F. W. Mattoon
of the republican county central commit
tee has lHBued a call for a meeting of the
committee, to be held next Tuesday. The
date for holding the county convention, at
which delegates to the state convention
are to be selected, will be fixed.
PLATTSMOUTH The Cass county re-
fiubllcan convention will be held In Weep
ng Water on Saturday, July 24, for the
purpose of selecting delegates to attend
the state convention In Lincoln, and to
name a county central committee. The
primaries will be held July 22.
SARGENT At -the recent school meet
ing all the retiring members of the board
were re-elected, and the board still standx:
W. D. Hall, president; E. Miller, secretary;
A. Z. Perrln. treasurer: S. J. Penny, Henry
Williams and A. F. Phillips. The special
election for a bond to aid another grade
failed to carry.
DICKENS One of the largest public
sales In this part of the state has Just
taken plnce at the Melton ranch, snven
miles southwest of here. Over $10,000 worth
of stock. Implements, etc., was wold. Twen-ey-flve
head of yearling mules sold for
tM a head, which Is the highest price paid
here for mules for some time.
YORK Mayor Bernard King has Inter
ested the physicians of York and la now
Interesting the business men of York in
building a large general hospital building.
York Is In need of a hoxpltal large enough
to care for the patients who pome here to
be treated by York specialism, and the
building of a hospital s.-ems to be assured.
BEATRICE The stone orusher plant of
Atwood i Co., east of Wymor, has been
awarded the contract for supplying ballast
to tha Rock lslut d. whirli will take the
plant's output for a hundred davi. The
capacity of the plant dally if SfiO tons.
The plant is working foity men and eould
use double that number If the men could
be ecu red.
FRKMONT The Fremont Granite Brick
company, whose plant was badly damaged
ty fire night before lam. will rebuild at
once and orders received since the fire
will he filled as soon as possible. On
account of the wording of the insurance
policies only $5.00 r.f the 11V000 is avail
able. The new plunt will probably have
a greater capacity than the old one.
8TA NTON Three limpness changes were
made In Sianton this week. E Thompson,
the colored barber, under the Itaabe opera
houre, hold his shop to a white man from
South Omaha; Harry Green, proprietor of
the Green hotel, sold to William Thomp
son, and W. N. Orris sold his stork of
furniture to Ixiuls Dern, Home year ago
proprietor of the stock.
NEBRASKA CITY The hearing In the
matter of th charge of Insanity against
Mrs. Maud Moran. which has been on at
intervals for nearly a month before the
commissioners on Insanity, had another
session yesterday snd was continued over
until Wednesday. The cae is attracting
considerable attention as both parties are
quit prominent, her husband, who filed
the complaint, being one of the leading at
torney of this part of th stale. Mr.
Moran Is at Lincoln taking treatment at
one of the sanitariums In the meantime.
YORK An estimate made for the run
ning expenses of the city of York for the
coming year Include for general expense
of the city, for which no specific appropri
ation ts made, 17. MO; hydrant rentals. 33.S62;
for lighting streets. $2,317.50; public library.
$1.8(10; Improvement of city parks, $1,800.
Other specific appropriation bring the to
tal amount tip to $21,000.
PLATTSMOUTH N. H. Darton, the
United States geologist, from Washington,
D. C. was In the city yesterday and se
cured prices on stone from Newell A At
wood. and on lumber and other materials
for the construction of the new govern
ment building, to be soon constructed In
this city. He will also visit other towns
In this state and Iowa, where government
buildings are to be erected.
FALLS CITY While Frank Prannln
was working on the north wall of the
Mcuulre garage, which Is being built Just
north of the Union House, the scaffold on
which he was standing gave way and he
fell about twelve feet, nearly fifty brick,
which he had on the scaffold ready to
lay. falling on top of him. Several bad
gashes were cut In his head, his left arm
was hurt, and he was badly bruised.
HUNTLEY Arthur. 10-year-old son of
Mr. and Mrs. L. M. Martin of this city.
acrldently shot himself late yesterday with
a 22-callber rifle. The bullet entered Just
above the right hip and went downward,
lodging In his leg. After careful examina
tion bv Dr. Masaey an automobile was
summoned and rushed the boy to the Hold-
rege hospital for further treatment. It
was decided to leave the bullet undis
turbed. vrppiRirA PTTY Aecordlnsr to the re
port of the county superintendent, out of
lOfi school districts, all have teachers for
th coming year, but thirty. This Is better
than last year when many of the schools
were short on teachers until In November.
Superintendent King will make a strong ef
fort this year to secure all of the teach
ers needed, so that they will all have
teachers In time to open the achool In
September.
WEST POINT The warm humid weather
of the last week has been of the greatest
benefit to growing corn, and ha been dry
enough to enable the farmers to finish
cultivating the crop. The corn fields of
the county and district never looked het-
ter. Corn Is of fine color and fhrirty
growth, and. barring no unforeseen calam
ity, the crop will be over the average.
Harvest of small grain has just com
menced, and the crop of oats, rye and
whent promises to be a little over the
normal both In yield and quality.
Car Surplusage
Growing Smaller
Demand for Box, Flat and Gondola
Cars Wipe Out the Supply
of These.
CHICAGO, July 17. The fortnightly
statement of car surplusages and short
ages by the American Railway association
made public today show the total car
surplusage was reduced by 2,667 cars to
260.277.
Shortages, mostly local, were reduoed
297 cars to 630.
' Box, flat and gondola car surplusage
were all reduced, boxes 2,636, coal and gon
dola 1,009, while other kind increased
making the net reduction a given.
MOB RELEASES PRISONER
Tennessee Mountaineer Tavlce Han
from Two Oklahoma Officers
at Depot.
LEXINGTON. Ky., July 17. According
to advices received here a mob of 100 moun
taineer attacked two officer from Okla
homa at Cannel City, Wolfe county, today
and forced them to- aurrender their pris
oner. The officer had arrested Grover Whlt
aker. charged with shooting hi wife at
their home In Ardmore, OkL, several
months ago. The officers were on the depot
platform waiting for the train with their
prisoner. Suddenly 100 of Whitaker's
friends rushed forward, overpowered the
officers, disarmed them and took the the
prisoner and then ordered the Oklahoma
officers to leave town. The officer left
without their prisoner.
UNION PACIFIC HIGH"REC0RD
Stock of Harrlman Hoad Make Sen
atlonal Advance In New
York.
NEW YORK, July 17. Union Pacific
made a new high record during the first
hour of trading on the stock exchange
today, selling up to $1.97, an advance of
3 point from last night. The first hours,
sale exceeded 40.000 shares. United States
Bteel common also touched a record mark,
selling at 73c on active trading. There
was no new accompanying the advance
In Union Pacific today, but it was said
London bankers were buying against calls
on the stock purchased by American bank
era some time ago.
HYDE AND CHAUFFEUR FREE
Former Insurance Magnate, i
Guiltless In Anto
Caae.
Held
PARIS, July 17. The case against James
Haxen Hyde of New York and his chauf
feur, sentenced May 6, by default, for hav
ing run away after Mr. Hyde' automobile
collided with a public taxlcab and Injured
a pasenger, was retried tdoday before the
correction court, the court dismissing the
charges against both defendants.
The Weather.
WASHINGTON, July 17. Forecast of the
weather for Sunday and Monday:
For Nebraska, Iowa, Kansas and Mis
souriFair. For South Dakota Local showers Sun
day; Monday fair.
For Wyoming Fair.
For Colorado Partly cloudy, showers In
southwest portion.
Temperature at Omaha yesterday:
Hour.
Peg.
71
70
L.oeal Record.
OFFICE OF THE WEATHER BUREAU.
OMAHA, July 17 Official record of tem
perature and preclpltatl jii, compared wi'.h
the corresponding day of the last three
years: 1W 190? ui
Maximum temperature.... W 86 K2 75
Minimum temperature "0 70 t.2 C7
Mean temperature W 7s 72 (4
precipitation 00 .00 .00 .00
Temperature and precipitation den&i tui-e
from the normal at Omaha atnc March 1.
and compared with the last two years:
Normal temperature 77
Excess for the day t
Total deficiency since March 1 237
Normal pi eclpuatlon 12 Inch
Iieflrlency for the day M Inch
Precipitation since Mnreh 1 16 f Inches
IWklency since March 1 16 Inch
Excevs for cor. period. 1K6n 1. 11 inches
Leftciency for cor. perlud. 107.... tii Incite
T Indicaves trace of precipitation.
U A. WELttll, Local Forecaster.
I 1 7 a. m 73
-y t a. m 76
--"5 m 77
fr- 10 s, m )
U'ruJt 11 m M
ml vtr 12 m
XXJf'?js p' m!!!"'.!"!"!.!! k
"LTfa-a ; p- m 83
4 p. m 89
-WL? 5 p. m 0
p. m W
7 p. m W
I 'tot .
t U v"-rC; ty; I
B "yT ,-.v - VWji-.,,..
h : ?i - '--rjeV: .v.
I ' t - W ' " iT
1 V&k
In Vacation Time
Drawn by Alonao Kimball lor King -Swanon Co.
You couldn't possibly find a bettor time to tost the
truthfulness of a store's advertising than during
vacation time. That is the time when every store
is claiming to give the best "bargains." Sot aside
a little of your vacation time for making the sev
eral stores of Omaha prove up. "NVe invito yon to
come in and critically examine the kind of clothes
this store sells. Then see how truthful our state
ment that all broken lots of Men's, Young Men's
and Children's Suits are being sold at exactly half
price.
Our 2d Somi- Annual
Half Off Sale
is setting a pace for "bargain" giving that none
can follow.
The New Store
e
LEGAL NOTICES
Motlc of Stockholder Meeting.
To the stockholder ot THE MISSOURI
PACIFIC RAILWAY COMPANY:
In conformity with th requirement ot
th Constitutions and law of th stale of
Missouri, Kansas and Nebraska and th
by-law of the Company, YOU AKU
HEREBY NOTIFIED that by resolution ot
the Board of Director of The Missouri
Pacific Railway Company duly adopted at
a meeting of said lioard on th 2nih day of
May. A. D., V.m, a meeting of tha stock
holders of The Missouri Pacific Hallway
Company lias tweti called to b held at tho
office of tlie i ui.ipauy, Kooin 71MS Mls'iouri
Pacific Builcli.. . In Hie City of tit- Louis.
In tho Stale i. -l.-sbouri. on Uie sixth day
of August, A. ijvs. at nine o'clock In th
forenoon.
(1) For the purpose of considering a Con
tract and Articles of Conuolidatlon bearing
date the 29th day of May, 140a. ueretofuro
made and entered Into by and on behalf ot
The Missouri Pacific Railway Company and
the following named colourations by order
of their respective Board of Director:
Th Kansas and Colorado Pacific Hall
way Company, a consolidated corporation
of the State of Kansas;
The Central Branch Railway Company, a
consolidated corporation of th titat of
Kansas;
Th Rook County Railroad Company, a
corporation of the State of Kaa;
The Nevada and Mlnden taivay Com
pany, a corporation of the ttiat of Mis
souri;
Nevada and Mlnden Railway company oi
Kanaa, a Corporation ot Ui Ulat of
Kansas;
Kansda City and Southwestern Railway
Company of Missouri, a corporation ot lb
fcUato ot Missouri;
Kansas City and Southwestern Railway
Company, a corporation ot the Btat of
Kansas ;
Th Fort Bcott Central Railway Com
pany, a consolidated corporation ef th
btat of Kansas;
Kanopolis and Kansas Central Railway
Company, a corporation ot the State ot
Kansas;
The Kansas Southwestern Railway Com
pany, a corporation of me State of Kansas;
and
Th LeRoy and Caney Valley Air Lin
Railroad Company, a corporation ot th
btate of Kaunas.
(2) For the purpose of voting upon th
Question whether such Contract and Ar
ticles of Consolidation, so mad and en
tered Into, shall be ratified, assented to, ap
proved and adopted and uou consolidation,
consummated or whethei such Contract
and Article of Consolidation shall b rejected-
(8) To consider and ote upon the adop
tion of a resolution accepting the provis
ion of Artlcl II of Chapter 12 of the Re
vised Statute of th Stale of Missouri,
lsaj. and to authorize the filing thereof,
all a required by Miction numbered 1068 of
such Revised Statutes in the case of con
solidation of railway corporations; and
whereby all or any of buid -urporatlons
and Tha M asouri Pacific Hi.Uay Company
have agreed to consolidate in tue whole,
and to consolidate the stock oi the ie
apeotiv companies making such consolida
tion, and to form and make under and pur
suant to the laws of the States of Missouri,
Kansas and Nebraska, a new, consolidated
corporation, to be known as Th Missouri
Pacific Railway Company, ov-ln. con
trolling, possessing and bringing under on
management all and singular th line of
railroad and othor properties, real, personal
and mixed, powers, rights, privileges, im
munities and franchises, belonging to any
of th companies making such consolida
tion. UDon the terms and conditions fixed
and stated by said Contract ae-t Article
of Consolidation:
(4) To take any other action in tb pre
mise, and to transact any - business
that may properly come betnr the meeting.
Such Contract and Articles of Consolida
tion will be submitted to the meeting of
the stockholders so called for examination
Ann vrf twikhnlrir Attanainv will ha flip.
' nlshd with a printed copy thereof, and at
' any me berore such meeting any stock
! holder will be furnished with a printed copy
or such on tract ana A nicies or conso
lidation upon application therefor during
business hours to the Assistant Secretary
of the Company, at th office of th Com
pany In th City of i-t Louis, Missouri.
Dated. May 2th, If-oS.
GEORGE J GOULD,
President of The Missouri Pacific Railway
Company.
A. H. CALEF.
Secretary f Tb Missouri Paclflo Railway
Company.
UtoAl
I NOTICE TO CONTRACTORS SEALED
bids will be received at the Firxt Nallonul
ibf. tik on or before Autcust 2. IM. at 1 p. in.,
on plans and specifications prepared by
! Charles M Daley, architect, for a IiIkIi
school building lo be built for district iri,
t'rofton. Neb. All bids must be accom-
I panted by 5 per cent of the amount bid,
same to be forfeited by the successful bid
der If lie falls to furnlHh a sat ixf uclnry
' Load of to OH or to sikn the contract, a copy
of which Alll be on exhllilt Ion w'tli II, h
plans and specifications at the First Na
tional bank of Crofton. The board ri crvr
the right to reject any or all bids I. J.
Uoila Diructi.r. Jvl7.l:.t
LEGAL NOTICES
(Continued .)
NOTICE TO PAVING CONTRACTORS
Notice I hereby given that sealed bid
will be received by the mayor and city
council of the City of Benson. Neb., for
the Improvement of that part of Military
avenue, between the east line of Orphan
age avenue, and the north line of McKln
ley street in said City of Benson In Im
provement District No. 2, by curbing, re
paying and paving said part of said avenue,
as per plans and specifications and con
tract now on file In the office of the city
clerk and under the supervision of the
city engineer. Plans and specifications may
be had upon application to office of city
clerk or city engineer, rtenson, Neb., or city
attorney, No. 212 South Hth St., Omaha,
iNerj. The estimatea cost or the aoove im
provement Is I23.1&3. Bids to be filed In the
offioe of the city clerk, Benson, Neb., on
or before 8 o'clock p. m., July 23d. WX.
Each bid to be accompanied by a certified
check for the sum of 5 per cent of the con
tract price. The council reserves the right
to relect any and all bids. By order of the
council, June l.r, l!i09.
ED A. STEIGER, City Clerk.
Jyltdtt
DEPARTMENT OF THE INTERIOR, OF
floe of Indian Affairs, Washington, D. C.
Sealed proposals, for letting Districts No.
1, 1, 4, 6 and 6, In the Crow Indian Reserva
tion, Montana, for gracing purposes, either
under a lease or by permit, will be received
at the office of the Commissioner of In
dian Affairs, Washington, D. C , until t
o'clock p. m., on Monday, August I, 1909,
and will be Immediately thereafter opened
In the presence of such bidder aa may at
tend. Maps showing the location of th
districts and all necessary Information
may be obtained on application to the
superintendent of the Crow Indian School,
Crow Agency. Montana. R, U. VALEN
TINE, Acting Commissioner. Jy3 D30t
DEPARTMENT OF THE INTERIOR,
office of Indian Affairs, Washington,
D. C, July 7, lKOtt. Sealed proposala for
letting District No. 1, in the Crow Creek
Indian Reservation, South Dakota, for
graxlng purposes, either under a lease or
by permit, will be received at the office of
the Commissioner of Indian Affairs, Wash
ington, D. C, until 2 o'clock p. m., on
Monday. August 9. 1900, and will be Im
mediately thereafter opened In the pres
ence of such bidders as may attend. Map
showing the location of th district and
all necessary Information may be obtained
on application to the superintendent of the
Crow Creek Indian School, Crow Creek,
South Dakota. It. O. Valentine, Commis
sioner. Jtrd28t
TO PAVING CONTRACTORS SEALED
bids will be received until July 27, 19o9, at
the office of the Forest Lawn Cemetery as
sociation, itt New York Life buildliiK, tor
13.00H s(tiare yards, more or less, o(
macadam pavement with Tarvia "A," to b
laid In Forest Lawn remetesy. Specifica
tions at the office of the secretary of the
cemetery. 622 New York Life. The right
to reject any and all bids Is reserved by
the association. Jyl7dl0lME&S
NOTICE TO CONTRACTORS SEALED
bids will be received by H. A. Allen,
secretary, Atkinson, Neb., up to August 2,
liioO. at 9 p. m., for the erection of a brick
tiulldlng at Atkinson, Neb., for School Dis
trict No. 21. Holt county, Neb., according
to plans and specifications now on file at
the office of A. H. Over Co., architects,
Fremont. Neb. The rlfht Is reserved to re
ject any and all bids. H. A. Allen. Secre
tary, Atkinson, Neb. Jyl5d7t
GOVERNMENT NOTICE!
DEPARTMENT rF THE INTERIOR,
Office of Indian Affairs, Washington, D.
C, July 7, Vfj Sealed proposals for letting
District .no i in tne lied i.ake Indian Hat
ervallon, Minnesota, for grating purposes,
either under a lease or by permit, will be
received at the office of Commissioner of
Indian Affairs, Washington, D. C, until
t o'cixk p. ni on Monday, August I, 1!09
and will be Immediately thereafter opened
In the presenoe of such bidders as mav at
tenl. Maps showing the location of the
district and all necessary Information may
h obtained on application to the auperln
tendent of the Red l.ake Indian School,
Hid Lake. Minnesota. It. O. Valen'tn.
Commissioner. JylldWl
Call U
by Thonc
Whenever 70a want
something call 'Phone
Douglas 238 and make
It known through
Bee Want Ad.