THE BKK: OMAHA, THURSDAY. OCTOBER 21, 100.
Co'MU'i! R
uffs j
Council Bl
uffs j
i i . ,
Minor'tsicniion"
The C'JuncU ji.'kfl 4 allien .4 i
O.naLa la at lcu .
Both 'phones 4J.
1KAM1IISK NEAR. US END
icc: cf Life if Under Grant of
V Zijhtctn lighty-Six.
Davis, Drugs. ..'' i, ; ' '' .
Diamond playing Ilia be;- vaudeville. .
CORRIUAN9, undertaker. 'Phone' lis.1
Fur rent, modern house, JM Stli avenue. ,
Majestic rangea, C. V Vol Hdw. Co.
Woodrlng Undertaking rftirtpany. 'tel.
lewis Cutlar, funeral director. Thone S7.
FAUST BEER AT ROdliRS' BUFRET.-
When you want j-eliablA'f want ad adver
tising, una The Be, ' Jr
Tim Clark barltet" lor Jfor baths. First
National Bank btrHdlng. - .
I'lcturoe and art pixt'ry for wedding
gifts. Alexander's Art riU're, 33U Broadway.
Balrd A Bolund, uhdertitjier. 'Phone. 12i-
Ksnort piano tuNlriff. JlQspe. 'I'hone 644,
2 Pearl street, 28 .So lit h Main.. . ,
L'p-to-dute Art fepartnf nt Slid Picture
Framing, Borwlck, 211 Buuh pinia au-eet,
Mr. U I l.ymart-of Atkinson.' Neb.. I
the (tiient of Mrs..V) fi. Oldham, '20J North
Klglith atreet. . " " J ' r
For good painting Vee Valter N'lcholaiaen
tc Co., 14 South Mala Ktft. 'Phone Inde
pendent 418 Red. , ?
Harmony chapter,5 Ordti'. t "flie Kantern
Htar, will meet this evening; In regular es
don In Masonic temple hall. '.' '. '
FOR RtNT-TWO AoOM.i,' 8APJ
HIAX'K. 1NQL1RK E. A. Wii'KHAM, 19
HCOTT STRtET. PHONrs 4S3. j
Pottawattamie tribe.' Improved Order of
Redmen, will, after Its tegular business
meeting this evening. entertain lia mero
bera and their families' -at a ' social and
dancing party. Refreshments will be aeryed.
Rev. Mr. Johnson of Oeveland, O..' will
preach thl" evening at Jh Swedish Baptist
church. Tomorrow evening the Trl-clty
union will hold It Quarterly meeting at (
o'clock. Rev. Albln"Hulo' of Des Molrjes
will be the principal epKer.
Rev. O. W. Snyder, p:itur of St. John's
Kngllsh Lutheran elmroh, has returned
from attending th convention of the Luth
eran ay nod at les idoine and will fill his
pulpit again next -Hvnrts evening. At the
morning service a- representative of the
Woman's Christian- Temperance union from
the, national convention In Omnha .will
speak. ' '",( - 1
Fred Johnson, local' Secretary, of the Civil
Service commlsslorir 1 anoounced yesterday
that the Council Bluffa uostoffice has ex
tended the time for receiving applications
for the November examination for clerks
and carrlera until 'P?ox"iber 1. "This Is to
insure an adequate- oii-t.l vv of -eUiriblee for
next year. "This -affonks a good oppor
tunlty for young meft -wha desire a position
In the postal service," said Mr. Johnson.
LATE2 03E HELD TO BE INVALID
B. Z, Ducil writes that a piano dealer
' In his,' town was asking htm $100 for a
piano, until ' he received -the price, descrip
tion .and terms of a piano from A. Hospe
company," 29 Pearl sltt?et and 28 South
Main street, Council Bluffs, la. Aa soon
as the dealer saw these he dropped $123 in
price.
Heal Uetnte Transfer.
These- transfers were reported to The
Bee. October 20, by the Pottawattamie
County Abstract company of Counril
Bluffs:
Rhoda Butler single to W. II. Butler,
part nv. sw4 19-77-41. w d $ 1,2-K)
Cloe B. Parker, et al to Anna B. Cane,
lot i. Aud subdivision, eeW se4 and
lot 4, Aud subdivision, ne4 se4 and
lota 1 ana z, Aua suDuivision iw
evt, aM In 12-76-40, qcd
Sarah K. Burrow and husband to W.
W. McRory, lot , Aud subdivision
se4 12-75-40, w d
Margaret Drake, widow, to C. L. I
beck, lota 12 and 13 in block 1, Whit
ney. Crawford and Merrtman'a ad
dition to Walnut, w d
Frank E. Grundy and wife to Marlon
Palmer, lota 1, S and t In block 1,
Arnold's first addition to Oakland,
w d
Charlea What, at al. to W. fl. Rod
man and Oscar A. Torgeraon, s. 32
, ft. of lot 3 and n. 12 ft. of lot 4, In
1 block 11, Avoca, w d
Attorney t.rarrsl anal t'lty ftollrltor
M-eport an Rlakts af Street RalT-
-j vir panr la ('It? f
, C ell Blafta.
Council
i! BluffsJ
ti00
500
D.OOO
2,00
Total six transfers
,000
$17,8S0
The path to your economical Piano pur
chase leada directly to the A. Hospe com
pany store. 29 Pearl street, 28 South Main
vtreet, Council Bluffs, la.
Marrtaae I.lrenaes.
IJc nses to wed were Issued yesterday
o the following: '.
Name and Residence. " Age.
Joseph K. Cool, Persia, la k.
'tattle H. Achey, Persia, la ,
l.eo P. Woodworth, Council Bluffs.....
vera A. Streeter. Council Bluffs
I oh 11 Alex Smith, Missouri Valley, la.
-:nima J. C'unn, Missouri Valley, la...
. R. M'afles, Omaha
uella Ashby, Omaha ,
WANTEn Boys to sell Saturday Evening
yst. Cull Wednesday and Thursday
'minings. 15 8eott atreet.
The great Majestic Range exhibition all
:hls week, October, 18 to 13. Come tn and
see the -elegant display..' All this week we
live free with each Majeatlo range aold an
elegant set of kitchen ware, actual value
t. Investigate now. P. O. DeVol Hardware
company, Z4M Broadway; 10 North Main
street.
mm
tills
TP1
rF YOU A&E CUEAiiL
WE CAN CUBE YOU
AVERAGE TIME TO CURE
RorrcRB One Visit
HtdsihilI One Visit
VaRicocBLlOne Visit
Ctcts. to 'ay
Cancbh ....ly
Cias .30 Paie
"aH-aar. Etc- ty
, JiioiTaa Ia
Or Aiwa lwCu
I IOIliee Keuri 9 ( Oairt
- Jr Write tofloy to
CEItMAN DOCTORS
14tCJI. HIKPI. la, ,
WHAT IS THE USE
r wearing a aiuppy tooaing overcoat, a
rt-ady made coat alwaya look sloppy In a
short time, iney never wear more than
une winter, but a tullor made coat will
wear five winters and perhaps mora, and
then look better, fit better and you are not
ssliamed to wear It. See me fur overcoata
My prlee r -nHm""!.,. -U1STM
NTBlBOa,
41S Broadway. CouneU Bloffa, la.
1 1 .fsatatl C iatlm Kecwnta Wxrwt el flhassl
'v vrvk-tyrttt teas
rs
.uatLLTfLHl 3
a 1 taasB,
Ke
If the Omli: A Council Bluffs Street
Railway company is operating In Council
Blaffs under the franchise granted to the
Omaha Council Bluffs Railway and
Bridge company October 29. IKrt. Its rights
upon the street named In the charter ordl
pance will expire in two years,
i If the company, however, claims to be
operating undor the franchise granted the
Council Bluffs, Ik Manawa tV East
Omaba' Construction company. In Pecem
er, lt7. which was assigned to the Omaha
A ;riunell Blaffs Suburban Railway com
pany; the company has no rights upon the
afreets of Council Bluffs whatsoever, aa
(his franchise became void and invalid
many years ago.
Even tinder the franchise of ins? granted
td the Omaha & Council Bluffs Railway A
Bridge company, the company has no rights
on Avenue- A and Fifth avenue.
This, is the substance ef 'the opinion of
Attorney General II. W. Byers, as ex
pressed yesterday afternoon In a confer
ence with committees representing the West
End and Went Council Bluffs Improvement
cluhs at the Grand hotel.
' rify' ftofleltor'a Oplnloa.
ClrV Solicitor Kimball agrees with the
attorney, gonerat with the exception that
In his opinion the street railway company
haa rights on Avenue A and Fifth avenue,
provided that the franchise of 18S0 Is sliil
In force. ;
,1 Mf, Kimball sums up his opinion in the
following ktatement:
' Aa to the streets named In ordinance l.'4
One ordinance granting' a-charter to the
Cpuncll .Bluffs, , Lake Manawa A East
Omaha Construction company) and ac
tually used by the present operating com
panies, tbe tracks were all laid under the
old ordinance. 'with the exception of Twenty-eighth
street from Avenue C to Avenue
O and Sixteenth avenue and Sixth atreet
from Main t feet to the city limits. If thf
companies are operating under the old ordi
nance such tracks cannot be said to have
been laid within the time fixed in the ordi
nance. If the company haa abandoned the
old ordinance on these streets and claims
to be acting under ordinance 154, still the
tracks were not laid under this ordinance,
but under the old one. Aa to the uae of
Sixteenth avenue and Sixth street to the
city limits the rights are dependent upon
whether the franchise Is sufficient to grant
such right.
The whole franchise and rights there
under depends so much upon the determina
tion of facts and conditions and the appli
cation of legal propositions dependent
thereon that until a court of competent
Jurisdiction has determined that the fran
chise Is valid and subsisting the holding
companies can be Bald to have no sub
stantial rights thereunder to use the streets
of the city of Council Bluffs to maintain
wlies. poles and electric -apparatus with
which to operate a street railway. That is
to Bay, Its rights under the said ordinance
1.-4 must depend upon determination and
finding of the court upon questions In dis
pute, some of which have' been Indicated
auove. . . . . . .
Confer .with Loral Ilea.
Those present at" the conference with the
attorney general at the Grand note) were
Attorney Spencer-Smith, from wliom Mr.
Byers had secured some of r)ls -data. At
torney W.H. Killpack. r. JH. Cleaver.
O. J. McManusjaeorge.B; HardellWV C.
Hoyer.. r-eeldnt of ;;tbe, West End .'Im-
provemeat TBlub, J.:Ii O'fiell, slc'Jotary Tn?
tne west .council Bluffaiimpr8vefnen'tyb
and General JO. -JF. ;Test;r Vntu-'itrv Byers
was hta assUtant, Charles H. Williams of
Des Moines, who had assisted In the JnT
veaUgatlon of - the., status of the street
rallwar franchia in ,thla cltyCx Prior to the
conference at the Grand hotel the attprhey
general met with City Solloitor Kimball
who later In the day made publlo his aav
cluaions In the matter, which will be bod-
...mru in mm lorm or a report to the city
council at Ita meeting next Monday night.
negaroing me ordinance of IBStt granting
to the Omaha A Council Bluffs Railway
A Bridge company a charter Mr. Byert
aald: .
"Under this ordinance, insofar aa Inform.
atlon I have been able to secure from the
records goes, the Omaha A Council Bluffs
Railway A Bridge company has the right
10 operate until iu on the streets spec
ifically named In the ordinance. On other
streets on which it haa been operating it
no runner rights.
Saaaesta a Compromise. .
Mr. Byers, however, stated that in his
pinion the Omaha A Council Bluffa Rail
way A Bridge company surrendered all Its
rignis under the 18S charter when It se
cured the passage of and. filed ita accep-
ui me imy-year franchlae granted
ordinance passed September 20. ihbt
which was subsequently declared invniM
by the courts. This was, however, a ques
tion wnicn tne courts alone could wid.
but the company's rights to operate on the
sireeis or Vouncll Bluffs would expire In
October, 1911. as he felt certain that no
court would hold that the franchise granted
the Council Bluff. Lake Manawa A Kaat
Omaha Construction, company, which was
subsequently assigned to tbe Omaha A
Council Bluffs Surburban Rajlway com-
iMtiir. his sun valid. This franchise
for a period of fifty years and this alone.
Mr. Byers said, was In his opinion suf
ficient 10 maxe it void and Invalid.
TkAf I ? . . 1
"j. uvmea me committee that in
urn opinion notning could be aalnerf w ..w
Ing the matter Into the courts at this time
as any suit which might be Instituted
sainai me company could not be deter
mined before the expiration of Its Hh..
if any existed tinder the ISM charter in
1811. He suggested that some adjustment
UUIU lu reacnea between the olty and
the company as to the future and .. t .
franchise which would Impose conditions
which might be demanded by the people of
iu ciiy.
Streets ajued Fraaealaa. ,
In his report Mr. Kimball says relative to
Hie question of streets authority to use
which waa granted undor the ordinance if
l.vxi:
The ordinance of 1K6 granted authority
to construct, equip, mainttain and operatu
street rallwaya for the term of twenty-five
yeara upon Broadway, from the Missouri
river north to the olty limits;' South First
street and -upon Graham avenue by way
of Sixteenth avenue; High street; Thlril
street; Tenth avenue and Sixth atreet back
to Broadway, and 'such other streets, ave-
Council Bluffs
rues and alleys aa said company may here
after select with the consent and approval
of said city. The loop on Graham avenue
and Tenth avenue bark to Broadway waa
never constructed and the only street
named In said ordinance now In use bv the
company are Broadway from the Missouri
river to Oak street and Soutti First street
from Broadway to Graham avenue and
Graham avenue from South First street to
Falrmount avenue.
Hlahta urn Other Ktreets.
Regarding the im ordinance Mr. Kimball
sa y s :
The meetings of the city council, vote
and proceedings on the ordinance as far
as the record shows, are regular and valid
Insofar as they relate to the ordinance of
1st. The records show that the ordinance
was duly and legally published and that
the written acceptance was filed within the
time provided In the ordinance. This ordi
nance haa been generally acquiesced In by
the city of Council Bluffs and the con
ditions to be performed by the company
as provided therein have been recognised
by the city as having been complied with
for many years and the franchise granted
by this ordinance appears to be valid and
subsisting until October 2fl, lull.
On March 8. 1WS. the. Omaha A Council
Bluffs Railway and Bridge company sur
rendered all rle-hts and nrlvlleirea irrsnixH
to it by the ordinance of October 2!. lttti, I
to that portion of Broadway west of Six
teenth street and an ordinance was passed
resuming ell rights and privileges granted
to the c impany thereon. The said riirht.
and privileges enjoyed by the company were
Kraniea Dy me city in accepting the propo
sition of the Omaha A Council Bluffs Rail
war and Bridge comoanv to use Avenue A
and Fifth avenue the same a then existed
witn reference to the other streets In tha
city occupied by the company. The right
of the Omaha A Council Bluffs Railway
ana firings company to use and occupy
Twenty-first street from Fifth avenue to
the Union Pacific Property: Pierce atreet.
Oak street. Falrmount avenue. -Pearl street
ana Main street from Pearl street to Six
teenth avenue waa never granted by ape
clal ordinance to the company, but under
the provision "suoh other aireets of said
city as said company may hereafter select
itn the consent and nDDroval of said
city," the company has been given doubt-
rui rights and the city acquiesced In the
use of these additional streets of the city
under the ordinance of 18X6.
Mr. Byers gives It as his opinion that the
street railway company- has no rights on
Fifth avenue or on Avenue A under the
1S8 ordinance by reason of Its surrender
of rights on Broadway. The mere acquie
scence by the city to this proposition of
a change of streets, Mr. Byera says, waa
not sufficient. City Solicitor Kimball dif
fers from Mr. Byers on this. He holds that
by "unanimous acceptance" by the city
council of the -street railway company's
proposition for the exchange of its rights
on West Broadway for the right to occupy
Avenue A and Fifth avenue were acquired
by the ' company and these have been
strengthened by subsequent transactions
between the city and the company relative
to these streets, f
Before leaving the city yesterday after
noon for Chicago, the attorney general
stated to the members of the committee
that he would prepare W written statement
outlining his opinion on the franchise mat
ter and would send It here In the near
future. i
eoclation, which will be held In Lincoln
at the same tinte and another haa sign!
fled hrr Intention of spending the three
days visiting the public schools In Kansas
City.
But few of the teachers in the grnd
contemplate attending the state meeting
and the ward schools wUI not be closed
Superintendent Beveildgel however, will ar
range for substitutes to take the place of
those grade teachers who wish to attend
the. Dra Moines . meeting. The Council
Bluffs teachers have engaged rooms In
the Savery hotel in Dee Moines.
Poet office.
. . Patterson
Bolton
Hogue
... Dlckeraon
.... Mitchell
The Fashion, ladies' tailoring, R. H. Em-
leln, proprietor, late fitter Orkln Bros. I
do first class work reasonable. I make
suits for 1B, skirts to. I also do altering
to suit. Would you give me a trial?
South Main Street.
IS
SESSIONS OK DEANERY XOSB
Pabllo Service la Evening; Last of
Exercises.
With a public service at St. Paul's
church at which addresses were made y
Bishop Morrison and Rev. Webster Hakes
of Charlton, the meeting of the Dea Molaes
deanery of the Episcopal church came .'to
a close last evening. The day's session
opened at 7:30 a. m., with the celebration
of holy communion. Rev. Mr. Ellerby of
ficiating, assisted by Rev. J. W. Jones,
ector of St Paul's church. After the ser
vices the visiting clergymen were enter-
Pained at breakfast at the rectory by Rev.
and Mrs. Jonea.
At the round table conference at 9
o'clock Dean Beecher of Omaha read a
paper on '.'The Church and the laboring
Man" which induced a prolonged discus
sion and caused the session to last until
the noon hour. Rev. C. Qadd, pastor of the
Swedish Lutheran church, was a visitor
at the morning session, as was M. F. Roh
rer, one of the vestrymen of St Pa ill' 1
church. At the Invitation of the members
of the deanery Mr. Rohrer made a brief
talk on general church topics from the
view of a layman At the afternoon eesslbn
the topto under discussion was 'The Beat
Way for a Clergyman (o Do His Work."
The discussion was led by Dean Bell of
Des Moines and Rev. Mr. Wilcox of Boone,
FOR MEDICAL AND FAMILY USB
BUT TOUR LIQUORS AT ROSENFELD
LIQUOR 0., 6i 8. Main. 'Phones 3323.:
LOZIF.K IS LOCATED I NEVADA
Wanted for Alleged Participation In
Ma bray Swindles.
Deputy United Statea Marahal W. A.
Qroneweg received a telegram last night
notifying him of the arrest at Battle
Mound, Nev., of Leon Losier, an alleged
member of the Mabray gang, who waa
included In the Indictments returned by
the federal grand Juries In Council Bluffs
and Omaha. Losier waa formerly a resi
dent of Council Bluffs. He was a well
known sprinter and waa alleged to have
been one of the fake foot racers con
nected with the notorious Webb City gang
some few years ago. He and Ed Moore
of this city were arrested for assisting the
Webb City gang In "Miking" Charles
Gregory and William Barker of this city
out of 38,000 on a fake foot race In the
Missouri town. He and Moore were con
victed and sentenced to three years In
the penitentiary each. They took the case
up on appeal and secured a new trial.
which was never held, the case being
finally dlamissed. Losier moved to Colo
rado and the governor of that atate refuaed
to extradite him. Moore la believed to
have gone to California.
N. T. Plumbing Co. Tel. 150. Night, L-170X
Mime?
Becoming a motlUi should bo
f 1 i I V. T a S(urce of joy, but the suffer-
-JL-z-'-lZr I .y -l-L ing Incident to the ordeal
"1 - .ie- matse ifo n r n 1 . f
.III luaiwd 11a llliv.ipai.'ill UI
iSS dread. Ilnthar'ai Frln-rl w
the only remedy which re-
DUiil Of mafprnifv thii hnnr Hre-aris-rl ne umman's rao t-:t 1-
only made less painful, but danger is avoided by its use. Those who
USC this rpme-ilv urs rm Innoee (Istnnni1nt ninnn..'. ,
nausea and other distressing conditions are overcome, and the system
" '-' .a MVKMUl - i
koiaer aaaliut Im, r .---"V f lf"""ll'TV?
I 1 1 1 1 1 r 1 1
IM SB. AS FIELD BEQUlATOa CO. I f l' JS J 1,-4
Brooks Arraigned for Theft.
Latt Brooks, the negro arrested In Omaha
while trying to dispose of the team of
horses stolen from the barn of A. Bemges
tn Lewis township was arraigned before
Justice Cooper yesterday afternoon. His
preliminary hearing was set for November
10. and In the meantime the grand Jury,
which will convene November 2, will In
vestigate the case. In default of ball fixed
at tfcOO Brooke waa remanded to the county
Jail.
Tha authorltiea believe that another man
waa Implicated with Brooks in the theft
of the horses, but up to date have been
unable to secure) any trace of him. It is
said that Brooks bo far has declined to
give tha officers any information.
Wanted Reliable girl. Is Fifth Ave.
Hlah'Hrkaol Teachers Convention.
Fourteen of the high school teachers
have notified Superintendent Beverldge of
their Intention to attend the annual meet
ing of the Iowa State Teachers' associa
tion, to be held in Des Moines, November
4, and . This being the case the high
Khool will be closed Thursday and Fri
day of that week.
One high school teacher will attend the
meeting of the Nebraska Tr-achers' aa-
Indoor Ball Game
Teams from the county court house and
the postofflce 'wlli try conclusions Friday
evening at Ihe Toung Men's Christian
association gymnasium In a game of In
door base bait. ' County Recorder Billy
Barghausen, the '"big chief of the Pot
tawattamie fndlahs, declared yesterday
that his team meant to wipe up the floor
with Uncle Sum's roen.
- The lineup of the tams was announced
yesterday as follows:
County. ' Positions.
Mayne....v....V lttch .
Hees ...First ..
McCsffery., .......... Second
Jackson Third .,
Barghausen.; Short .
Kynett Short
Brown t'Hti h Weaver
Innes Fielder Smith
Mitchell Fielder
Substitutes: County Rodwell, Ward,
Plnkley and Messner. Postofflce Bates),
Bellinger and Frohardf.
Mrs. Batqnyi
Wins With Jurors
They Think Her Entitled to Divorce
- from Austrian Horseman Hus
band Still Fighting.
NEW YORK, Oot a.-The Jury before
which Mrs. Frances 4Work Burke-Roche
Batonyi brought . ault for divorce from
Aurel Batonyi, the Austrian horseman, to
day returned a verdict In favor of Mrs.
Batonyi. The verdict will have to be eon
firmed by the judge before a decree will
be granted.
This verdict follows upon two -yeara of
charge and counter charge between the
daughter of Frank Work, the New Tork
millionaire, and Batonyi, who was asso
ciated with wealthy horse fanciers since he
came to this country in ISP.
Mrs. Batonyi sued for divorce on statu
tory grounds, first alleging at least ten
instances of unfaithfulness. At the trial,
however, she withdrew all but two charges,
these Involving her- husband with two
New Tork women A -lone; night ride In a
taxlcab with one of these women and a
night' spent in the apartment of another
were the allegations behind the charges.
It was during a coaching trip on the box
of the publlo ootch ."Good Times," that
Batonyi met Mrs. Burke-Roche, then di
vorced from her first husband, an English
publlo man of some note. A brief courtship
ended in August, 1906, In their marriage.
A year later- the .news was broken ' to
Frank -'Work. The aged millionaire flew
into' a paaslon, It Is said, and Batonyi al
leges, threatened that unless his daughter
began steps at onwe 'to free herself from
the irtilon he would disinherit her:' ' '
Soon afterward am action for'dlvorce waa
begun by Mrs. Batonyi, The husband re
taliated by bringing 'a Counter 'suit, In
which he nameMsleve'n co-respondents. He
also Buetf fclf'wwa'e' thr, her sister and
her hrother-lh-lawji tier ' cousin and: - Mr.
Work's confidential t. Secretary, 1 claiming
damages aB relating 11.600,000 for the alien;
atlon' of tfia wife' affections; These ac
tion are Pending. 1 -
Aoqulr -the habM . of keeping on hand a
botUe of Cfeainberlain's Cough Remedy and
save anxlafcynjThere is nothing better for
croup. iet.11 ' n. 1
GAMBLER TH1KS TO SQUARE LIFE
Ionia Provides Last Name "hall Be
Left . Off His Monument.
HURON. S, D., Oct. 20.-(Speclal.)-J. O.
Van Syckel, representing the marble firm
of Boddard Sc. Ballard of Emmettsburg, la.,
who has just returned from that city.
made a contract for the erection of a
monument at. the grave of George Brown
at Manson, la. Brown was a gambler and
had b' en quite successful at the green cloth.
A year or more since, because of ill health,
he went to Denver,- Colo.t leaving his wife
with her father. 1e.ter the father murdered
Brown's wife and is now serving a term
In the Iowa . penitentiary for the crime.
Soon after this Brown died leaving a will,
which among other things, provides that
11,000 of his estate should be expended
for a monument to be placed at the graves
of himself and wife. I'pon this monument
the first name of. himself and - the first
name of hla wife was to appear, but no
reference should be made to the name,
Brown. He also stipulated that so far
as possible, his winnings from sartles with
whom he had gambled, should be returned,
together with Interest from the time they
came' Into his possession, until the time
payment was made. The provisions of
the will are being carried out by the ad
Danish Savants
Refuse to Yield
in Polar Dispute
eannnannaesas.
University of Copenhagen Declines to
Forego Privilege of First Exam
ination of Cook's Beoords.
COPENHAGEN, Oct. M.-The University
of Copenhagen has declined to forego Ita
privilege to the first examination of the
North polar record of Dr. Cook. The au
thorities of the university tod.iy cabled to
the National Geographic society at Wash
ington as follows:
"Sorry. University not able to comply
w-th your request."
WASHINGTON. Oct. 30. -Commander
Robert E. Peary's observation records and
proofs that he reached the North poie April
, 1109, were submitted to the National
Geographic society today and were re
ferred by that body later to a committee
on research with the direction that the
chairman appoint a subcommittee of ex
perts to examine the records and report
on them to the board.
This committee will Include Henry Gan
nett, chief geographer of the United States
geological survey) Rear Admiral Colby M.
Chester, U. 8. N.,- ami O. T. Tltman of
the United States coast and geodetic so
otety. The Society asnotince that the only
question It now had to decide was whether
Commander Peary reached the North pole
on the date claimed. The eperts deeig
nated by the eoolety will hold their first
meeting within a few days and Inaugurate
their investigation of the Peary data. It Is
probable that the subcommittee will not
report Ita findings for several months.
The chairman Is Henry Dennett, the
chief geographer of the United Slates Geo
logical Survey, vlco prealdent of the Na
tional Geographic society and one of Ihe
founders of that organisation In Vm. He
Is the author of topographic surveying
books, statistical atlases of the tenth and
eleventh censuses, the dictionary of alti
tudes and other books and government re
ports on geographic, magnetic declinations,
etc.
Rear Admiral Colby M. Cherter. known
for many years as one of the best navi
gators In the naval service, has been su
perintendent 6f the Navnl academy, commander-in-chief
of the Atlantic squadron,
superintendent of the naval observatory
and chief of the hydrographto division of
Ihe navy.
Dr. O. H. Tlttman, one of the founders
of the National Oeographlo society. Is
superintendent bf the United States coast
and geodetic survey and member for the
United States of the Alaska - Munrtnry
commission. '
LAWHKNCR. Kan., Oct. W -Dr. Frank
V. Strong, chancellor of the University of
Kansas, today sent a telegram lo Dr.
Frederick A. Cook, tendering. In the name
of the university, the servlcea of Prof. L.
1 Dyche, with the expedition, to scale
Mount McKlnley to recover the records Ihe
explorer declares he left there In lfOii.
Prof. Dyrhc has been with Dr. Cook and
Commander Teary on polar expeditions, ,
DEATH RECORD.
Mane I Winters.
Mabel Winters, for more than ten years
a clairvoyant at Twenty-foerth and Cum
ing streets, died at the County hospital
Tuesday from a chVonlc dlsaaso. So far ai
has been ascertained she has no relatives
here. Site died a county charge.
Mrs. Xellle Perrln.
Mrs. Nellie Perrln, W ycarB old, died at
her home. 11 Shelby Park. Tuesday. The
body will bo taken to Clinton, la., for
burial. Mrs. Perrln leavea her husband,
three sons and a daughter.
Big Firm Falls.
BOSTON. Oct. M An assignment for the
benefit of creditors was made today by
Mclntosh-Hrown comoanv. one of the
I largest fire proof construction firms in thn
j city. Failure to collect outstanding bills
and to obtain extension of notes forced
I the assignment, It Is said.
, Start un Deep Well.
PIERRE, 8. D., Oct. 20. (Special.) The
drtllltng work 411 the deep well at this city
was begun yesterday, and It is hoped that
before spring there will be actual knowl
edge of what lies underneath this part of
the state in the way of either oil or gas.
The rig which has been secured for the
work is guaranteed by the manufacturers
to be good for 5.000 feet in depth it de
sired, but It is not likely that any such
depth will be reached. The gas flow In
the artesian' water here Is reached at
about 1,400 feet, and It is believed that
another thousand feet or a total of 1,000
at the moKt. will show whether a stronger
flow of gas without the water, or tonic
other natural fuel can be secured. At any
rate the city will know to a certainty
juat what is to bu depended upon In the
way of a gas supply here, and If the strong
er flow Is found, there will be something
of material vulile to build upon.
Pastor 4 haaaea Location.
HURON. S.'TJ., Oct. SO. (Special.) Mon
day evening, Rev. Duane Rlfenbark and
family were tendered a farewell reception.
They will depart this week for Madison,
where Mr. lUfenbark' becomes pastor of
the Methodist church In that city. For
five years Mr. Rlfenbark was pastor of
theFlrst Methodist church of Huron, dur
ing -which time much success attended his
labors.
Farmer Injnred by Fire.
SIOUX FALLS. -bV.D.. Oct. X. -(Special.)
W.hile et4eaytjnir- to save some of hut
property fifcm' destruction, Henry Blnger,
a well known farmer living near Wash
ington, waa seriously burned. While en
gaged In threshing, a fire waa started by
the ' thresher engine, t The separator, 600
buahela of oats and two valuable horses
which were being utilized In hauling straw
to the thresher engine were consumed.
' '
An Anterlvnn Klngf
is the great king of cures, Dr. King'a New
Discovery, the quick, safe, sure cough and
cold remedy. 60c and fl 00. Sold by Beaton
Drug Co.
If
1 Vt
It A I i I 1
rMTA. -rOo- a-.vj "
wsrt
i
o
i
WASHBURN-CROSBY?0'
GoldMedal
Flour
$m't jj
Copyright 10O& Washburn -Crosby Co., Minneapolis, Minn.
si
j .'Wf
the . - :M r
Best A
Test it Down
jo Hero
At Our
Risk
Tho flight Way To Buy Vhfskoy
The only way tq be sere that yon are not only getting a pure whiicey,
thine we can print about it.. That's the reason we make you our bir"T
Pawnre-H.rerOfler. 1 w -J.J ...
bat also a brand that exactly suits your
' - the teat I One food drink of Fels 3-5 tr
prii
personal palate la to try it. I aate la
Wkuker will tell you more than any-
nwt
We want yon to open a bottle of Feto 3-Star,take a orinx. youraeii, ana ; your
la you at our risk:.' 11 yon ana tney arc an iuny sausoro inrt
the purest, mellowest, finest and moat satisfying whiskey you ever tastea, tn reiurn me
friends tooia
1 1"V i
Why Wo ustn oavo wou uno-nair hik?y as t.u st you would
have
f goods at our expense and we will hand you back yonr money without a quibble or s cross
word. 11 our Feb 3-8 tar Whiskey failed to sell itself, we would be out of business, lor we
have no other salesman. Here is our oiler: u
Full Ouarta rot 3-Simr Whlakey, $2. OS
. (? Full Ouarta Fola 3-Star Whlakoy, 4-23
ft Full Ouartm Fola 3-Star Whlakey, 6,48
Beeurely packed and shipped, expreea prepaid, at our risk, in plain package with no marks to
indicate contenta. No ordera accepted eacept with the distinct nudcratanding that our ens-
. A V 1 J 1- 1 MH-
loraers must ne nucu uiv&rcr . u uu.. , . . .
-ur in, ibhic -1 1 n ......... . v.
al 3-otr you would
store, but by our
i prows.
.. i.. k...- inoHrs uiHnv itirppt to the cousumrr. For many
yesrs all onr goods were aold through the Jobber, but owing to the spread ol the
prohibition movement we have decided to do all our business direct with the use-.
In this way we give our customers the benefit ol the Jobber's, Snloon Keeper s
and DruKglefS profits, the big salariea and expense paid to Travelling Salea-
men and the saving 01 losses irom ou " "
Bave you hall and still give you a whlakey ol the very highest grade.
-. n . r ,., la a pure, smooth and mellow
rUISS JmJln iinianw whiskey with the age and strenxta
that go only with highest quality. Ita rich, lull flavor delight the
taste. Nothluar oulte ao good haa ever before been ofiered by .
any Distiller direct to the Consumer.
i km it not folly sstliSsd after a at
B OUr iwSUnUV UaWn enrrlik. H-Iri! Any Bsnk
to ear about SI .SO a quart over the saloon bar or at the drug
DlBtlllery-Dlrect-to-Yon" Plan we aave yon all the middlemen s 1
Pay
Cxproaa
Charge
and Ship All
Oooda In
Plain Packages
. tr... nsev an sTvnMaB. tflnmnginv fr rninTrjiirt' Itvi ftiienoir,
Ufy roara.li .ally, then lend In rti ordwr nd Ut U my yuu
- Mb4JbUJ VB ilS WHIIM fUla win veaovne
FELS DISTILLING CO,
118 FELS BIOS.. KANSAS CITT, MO,
taital, S4SS.SM
You
Cot
1 Your
Mousy
tack It
You Arc Not
Fully Satlatled
OArlTAUZeO 40OjO0O
THE
Cosmopolitan
MAGAZINE
EMlure's
MAGAZINE
Woman's
Homo
Companion
THE
TOENTIETH CENTUIEf
PARMER
GREATEST
A
of the Year
Dest Magazines Published At
i
AND LE88
The Twentieth Century Farmer $1.00
The Cosmopolitan 1.50
Regular prioe for both for one year. .$2.50
The Twentieth Qentury Farmer ,$1.00
McCiure'B v, . : .V; . . . . . . 150
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Our Price
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' This offer s good until Deo. 31, 1909. Send your order
at onoe to . ,, v;y"-.' . ,
' THE TVEliTIETH CEIITURY FARMER
, OMAHA NED.
The Twentieth Century Farmer. .... .$1.00
Woman's Home Companion 1-50
'i . ,
' Regulaf price for both for one year! .$2.50 J
The Twentieth Century Farmer $1.00
Woman's Home Companion 1-50
MeClure's 1-50
