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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 4, 1910)
A TIIK OMAHA SUNDAY BF,K: PFT.Mnr.n 4. 1310. r ! S" 1 V Council Bluffs. Ilinor Ilcntion. The CowaeU alaf Ts efflee af The Omaha Bae la IS Scot tree. otk 'shoaea eg. Davis, drug. Corrieans. undertakers. Thorn- 1. FAUST PEHR AT ROOK US BUFFET. Majestic range, p. c. De Vol lUw. Co Picture framing. Jensen, Masoprfc temple. Woodrtng Undertaking company. Tel. to. Lewis Cutler, funeral director. Phone f7. Sea Berwick f. rat for painting. 211 8. Main. Fch'ij.ters end fctors' Malt Extract for by J. J. Kline to. 1KJ Broadway. Nellie Bend-r announces her chins sale Monday. December to 10. 1 Park Ave. Mls Ark Wright's china ele, Faturdav. l nralr I to December la, at UrwiM St. Charles J'lhnsnn. a former well-known freirht train conductor on tbe Hock loiand, died at Hickman. N. D, on Tuw dav of t;.noid fever He w a the von of lepuiy H.enfi A. Johnm.n of Avoca. Have your g'.aes fitted or repairvd by J. V. Terry, optician, 4: 1 Broad may. office with George Corner. Nt. up-to-date picture framing at reasonable price. We plea.e our ciuiom era Matter .Mcholatsea A Co.. 14 S. Main. Picture: and picture framing for Xmaa trade la our lone suit. We please every body. Hrtng your picture In now. We can lay them a-Jd4 for you. C. Jensen. Masonic oipn. A neak thief yesterday slipped Into tr,e cloak rooms of the Puryear Business school, corner of Broadway and Eighth street, and stole a cloak be I on (i rig to one of the young itlrl pupils. ."'he had a long way to go home and suffered severely from the cold. The dfy council held a brief -ilon yes teruay morning, but failed to meet as a committee of tiie whole to consider several matters that wera referred at the meeting M m lay night. An ho;:r mi spent as Beesing tne sewer on Kat llerce street and the paving on North Second. V now ran supply you with strictly freah egjta. iic dozen; country butter at Lu' iwr IMlilTld : Ken tiavia r.n)o mt Mm. peck; W ine Mp apples at !" peck; new J nonev at JW; aood can sweet corn at X , for 2oC; extra fine tomatoes. S for 25c infli .if rtanrtiia finite lit.- naolrApa i ; kinds of dned fruits-prunes. Uc; peaches, i on o1 f The more eeriou claim, UHrc: GoMen Rule flour, tl.au. Bartef A i however. Ilea in the charge that thlrty M:iier. Telephones. nine of the fcydranta upon which rental B. C. Mokes, a farmer residing near w-'u, ii., irub a ruiowi oi nosrs to tne bouth Omaha market yesterday which brought top prices and made a record fori bis locality. He had I, it pigs born last March and raised STr. of them. Eighty-two of the bunch constituted the shipment yesterday, and the average weight fT the wlioia bunch waa a trifle over 20 pound each. "And no onf told me how to raise those pigs. either,'" aald Mr. Stokes. A heavy work team belonging to the Council liluffs Coal and Ice corooanv be came frightened yeuterdgy afternoon while the driver waa unloading coal at the home of J. Bondy, 4i MuwmMt street, and ran away. The horses were standing at the creat of the steep hill that forms nearly all of the atreet, whn they started to run, plunging down ti e sharp grade wita the huge coal wagon thundering at their heels. Half way down the street an ob struction was struck which tore the front wheels loose from, ttie wagon and ripped 1 he bottom from had rims to get Under headway again. The atreet was full of vehicles, but only one bugry was hit Neither of the horses was hurt. The fearlea'ieas of the workman engaged In placing lh copper cornice on the addi tion to the government postoffice building is a conunujbus Brourco for exciting various feelings among the per, pie of the paaalng multitude. The position of one man ail day yetnrday swrnrd to require him to kit with his feet dangling over the side of the buiiding. with nothing but cold air between him and the troaan earth, eighty feet below. Another man's duty kept him w albino: along the narrow ledge, and both l he bottom irom i the -bed. completely I jf wrecking the vehicle. With nothing but jf the front trucks, trie horses went tearing JT oo. but both fell as they turned west on r Broadway and were caught before they (Were required to lean far ever the edge - to fasten the copper sheathing on the aid walla. . The general opinion waa that there waa about one man in a million wbo would -. last, tnare more than thirty seconds. The J men were working on the north side of the fcyuldlng. always in the shade of the roof V aiid at the coldeat spot about the structure. , , where heaviest clothing and plenty of good v iaithy biood were required to keep tnem I from freealng. The entire water flow of Indian creek at ( ' .leVyr.i.tt. Blrret is confined in a U-lnch gai I vaxuxrd pipe which has been bedded in tbe stream and almost covered mitn frozen earth. Tbe troublesome torrent la now at the atage of Its best behavior, mi oi mixing the trouble of bunding the new conerrta arch bridge at Kighm street. The earth has been excavated many fet-t below tiie water level on both aides of the little pipe. wiere the piling la being drives for the huga concrete footings on which the arch will rest- The footings ae thirteen feet wide, right feet thick oc the Inner and three f-t on the outer edges, and sixty-five ft-et long. They rest on aV4 green uak pnlnga. The pile driving has been nearly finished. The work has re quired longer time man waa anticipated on aocount of the stubborn resistance offered by tbe gumbo into which the piles are driven. The piles are only twenty-two feet long, but under the blowra from a 1 two-pound hammer with a twenly-faot drop, the last strokes only send them down a fraction of an inch. The wintry weather haa put a firm surface of six Inches of frosen earth on the mud, greatly facilitat ing the work of constructing the founda tions. Friendly Law Suit Over Police Rewards Test Suit Will Be Rushed to Ascertain HieUier Part of Honey Knit Go Into Pension Fund. The papers were prepared and signed last Bight far a writ of mandamus to compel Chief of Polios Froom and other trustees of the police pension fund to show cause why they do not turn over all rewards earned by the Individual members of the foroe for the capture of criminals. The suit was instituted by Captain J. C Fhafer of the night foroe and follows a recent decision by the trustees that one-half of all rswards earned by members of the de partment shall be turned into the pension fund. The papers will be filed ia the dis trict court this morning and the writ issued. The suit la ef a friendly character aad is brought by Attorney Herman Schurs for a test case. It involves the light of the trustees to withhold from Captain Shafer SJ& reward earned about atx months age by the capture of Ted Rutter. a fugitive from Justice, wanted in Jefferson county. The action la based on a stats statute pro v;d r for rewards and their acceptance by officers, and on section four of the uvw cretUu! pension boards la police depart toenta. which empowers the pension trus ters to retain part of the rewards earned by members. Attorney Schurs holds that this law in unconstitutional and that offi cers are entitled M all w none of the re ward. City Solicitor Kimball will defend the peaaioa truateea. Pea tie atwallaa. A. Hoape Co. now occupies three Foots snd basement at e7 Broadway with I larger stock of piat-oe and player pianos tl.ao ) ou caa find smt aay place this side tf C Lit ago. Anyone having- credit certifi cates will find a much larger line of pianos to Wt from, and find they caa do muci better by bringing ihrra in. no xciattar whs Issued them. Take them to Hoepe'a. More than three tiuea the uuabtr of standard D-mi p'acoa than you will find In aay . Oilier uwuw. , mm 11 j m-m a f p oet houses. Get a piano from A- Ilospe j t'u. T'iy e-e here to atay ana thetr guar antee Is goud. T. Ii.iriit.tig C'i Tel. Night, L-lTol Council Bluffs. WATER PACT INTO COURTS Settlement of Council with Company to Be Enjoined in Court. ALLEGE SETTLEXEin 13 ILLEGAL Mta Made, Fxalrwtlea ef Fraia- rklae Uatn Bis; Offset that fcewld asslf aw Strata! f Fir Hvdraate. The city s water bill Is not to he paid without a fight In the court a When Man ager E. W. Hart returns from Boston early Sunday morning he will not find a city warrant lying on his desk bearing the pfesj1ng Inscription "Pay to the Council Kenrfs City Waterworks company SSS.T7S 17 In full for hydrant and meter Ben-ice tn November 1. lin." He will find Instead soma Information about a district court oror restraining the city from paying the bill. The committee appointed at the meeting of tbe Citizens' Improvement club Thurs day n'ght. yesterday afternoon secured Attorney Killpark to arpeal to the district court for a writ of temporary Injunction. The petition was filed late yesterday after noon, but was not submitted to Jjdge Green for the temporary restraining order. This will follow today. The plaintiff In the suit is former Alder man J. Chris Jensen and Mayor MaJeney, all of members of the city roundl. City Clerk Casady. Auditor McAneney and Treasurer True are named as defendants. The petition goes briery into the history of the matter, and claims the action of the council on Monday night when a settle ment was made with the company for twenty months' f.r hydrant rental and nearly two years' use of water metered I at public buildings, parks, schools, etc., i was literal for the reason that the last rata ordinance lopted by the council. dated January 18. IK", filed the rate at I ' ! per hydrant. hile the council settled i was paid have been useless during tbe whole of the period covered by the bill. WoralBK ef Petltlew. The petition charges the counril with Illegal action in these words: "That the proposed payment so far as It Is la excess of HO is Illegal, fraudulent and void, and la a willful, fraudulent and illegal attempt to turn ovar funds of the city to the water company when such amount haa not been earned, and the game If permitted to be consummated will be a fraud on tbe rights of the plaintiff and other taxpayers. XI r. Jensen, in his petition, insists that the city has an offset for the unpaid water bill for the reason "that the company is liable to the city for the use of the streets for all of the period since the expiration of its charter and this amount la eo.ua! to a large part If not the whole of said btlL. but the defendants unlawfully refused to present said bill and If not collected as such offset it will be lost to the city on account of the Insolvency of the com pany." The contention is further made that the council has no right to make a settlement with the company at a rate higher than the fA price fixed by the last late ordi nance, which the company refused to at cept. Attorney Killpack says this Is an In vincible point and the council's action la Indefensible. Another point Is Uiat the settlement Includes 'pay for hydrants that were not in servtoe, or at least in service able condition, . Attitaae ef Pwhlte. Public sentiment, ao far as any expres sion of it has been made, appears to favor the settlement made with the company. The price paid for Tire hydrant rentals in Omaha - and South Orr.ahe. la a year, and by the terms of the settlement Council Bluffs gets the same service for STA. The rate ordinance referred to was not ac cepted by the water company and the com pany went into the hands of a receiver before the ordinance went Into effect. For the Last two years there has been no Coun- ii Di,,ff. n'.i.. i., . . lstence. Its president. George P. Sheldon. died nearly two years ago and no successor bad been named, aad all of the other offi- cers have ceased to act. Judge Smith Mc pherson of tbe federal court, who ap pointed Receiver Hart, baa been tha legal head of tha concern. Before the settlement with tha city can be fully made It must be approved by Judge McPberaon and an order issued by him to Receiver Hart directing him to accept the money and re ceipt for It- Negro Crawls on Floor of Car and is Caught ThomA Collins Excites Too XbcIi Comment Avoiding Officer and ii Taken ia Charge. Thomas Collins, a negro, excited a good deal of attention by crawling- tha full length of the aisle ef a street car on his hands and knees to avoid the restless are of a policeman outside. It caused his un doing, for a passenger gave Officer Crum tbe tla and the car waa held until the negro was dragged eut. He was found to be armed with a big knife and a raaor. Collins la accused of pilfering In the rooms of Stella Johnson, a ooiorad woman, who Uvea on the floor above the Lavla saloon on West Broadway. Mrs. Johnson and her sister had been ia Omaha during the afternoon and returned to find their home bad bean turned topey-tarrer. Tbe slater" a best hat was found lying on the floor with all of the feathers stripped from it- Other valuable plumes and clothing were also missing. Tbe negro bad been seen about the place during the afternoon and waa In the sa loon below when Mrs. Johnson and ethers had figured him Into tbe casa as the burglar. The police depart in act was no tified, and when Officer Crum reached the soaue Collins had slipped out and boarded the car. On a warrant Issued July ( GS King was yesterday arrested and taken before Jus tice Cooper charged with assaulting Hat tie M. Gallup, a domestic. King pleaded guilty and was given a county Jail sen tence of one month. SleaS Eetate Tnaalan. The following transfers were reported te The Bee December I by the Pottawattamie County Abstract company. Council Bluffs: Maud E. Bixt-y and huaaand to Kdna 1-. unt B,. liter, lot 1 in Oakland '. . Count ii Bluffs. Ia. w. a IM Harry J. Bfoan and wife to H. H. a: J Bvrtna K Kiener. kt S and w of lot block XX. In Ha lias A palm ers add. to Council Kl.i.'fj. la., w. d. , L H. Ouroa am wile to k-mma M. Ila.ia.iay aad v iiarios HaliaUay. part ' if lot S in s ibd of onsiuai p.at kit 4. Council liiulfa, Ia-. w. d two Three transfers, total "ad Irons, threw piece sets, Mrs. Potts rui hackled. Si B per set; Boa. Ii S per net; aabeatoa. 'i S pur set. P. C. DeVei Hard ware company, KM Broadway. Council Bluffs. Outlawed. Forgotten, Mortgage Bobs Up L, E. Bridenttein Determined to Get Clear Title to Property and Dipt Up Good os Real Ettate. A fully paid-up but unreleaw-d mortgage. dated more than fifty years ago. has re- i turned to annoy a large number of prop- i erty owners In what Is now Eaughn's sub division of the anginal plat of the city. It was then known as lot t. and com prises all of the block between Washington avenue and Harmony street and Denton and Paughn streets. The mortgage was given to James C. Ortoa by Joseph K. Johnson and wife. Harriet M. Johnson, on May , 17. to se cure a loan of 11.400. The properly was then In one undivided tract. In 19 the property was acquired by Tootle Sr. Jack son, pioneer merchants of Council Bluffs, under foreclosure proceedings, but when the county court house was destroyed by fire all of the court records were de stroyed, thus the mortgage, satisfied by the foreclosure proceedings. Is still running against all of. the property, and although long since outlawed still survives as a cloud upon the title to ail of the property. The title to a large part of the tract is further clouded by another mortgage, likewise paid, but Improperly released. It was given on August 21. 1S6S. to A, 1. Iemlng, an early day banker, whose widow and daughter survive., and whose memory la cherished by all who knew him. Ttrts mortgage was given by Hat tie A. Pharpe. It waa released In ISTO. aler Banker Im tng'a death, by II. M. Iemlcg. but the record does not show that H. M Iteming had authority to do so. although the record acknowledges full payment of the debt After all of these transactions had been forgotten the ground was acquired by Charles Baughn and divided Into lots, wmcn have since been sold and resold many times, t-ome of the lota have residences upon them costing more than tlO.OnO. and the ancient cloud thus casts Its shadow upon the titles of all of them. Including. It la bellered, Mercy hospital, St. Mary's home and other Catholic property repre senting a value of more than JliO.ono. The abstracts had never gone back be yond the date of the platting of the out lot and Its admission as an addition to the city, until L. E. Bridensteln Bought lot 1 on the Benton aad Harmony street corner and built a new house upon It last summer. He ordered the abstracters to go back to the beginning, and the two long forgotten errors were discovered. Last eyening County Attorney Hess filed a suit In the district court to clear the title to the Bridensteln lot. making all of the known I and unknown heirs of the Johnsons Ortons Jacksons. Tootles n.in ah.. ., Jacksons. Tootles. Dealings, Sharps, et al. defendants. An affidavit waa secured from John J. Tootle, heir of the original Coun cil Bluffs man, and now a prominent merchant of St. Joseph. Mo., which helps to clear away part of the cloud. Attorney Heaa has done a large amount of keenly Intelligent work on the case. All of the mortgagea have long since perished by outlawry, and the ether property owner may follow Mr. Biidensteln'a example and appeal to the court for a clearing up order. Basket Ball Contest "Y" Team and Bed Oak Interest ia This Form of Sport In creasing Cross-Country Esm This Morning. A game of basket ball win be played in the local Young Men's gymnasium tonight, when the "T" big five will meet the fast representative team from Red Oak. Last week a record breaking crowd witnessed the game between the locals and the Cres cents from Omaha Toung Men's Christian association. Following is the lineup for today's game: T. M. C. A. Positions. RED OAK. Hendricks R.F T. Casey Oook L.F R. Harris Mills t-. . Sandford C i Huu-hinson O E. Cramer rT.iv7erl M Kicker J H. Carmeichle Thomas O H. Houe-h Ken. Cook Q E. Kramer Mason of Grlnnell college will referee the contest- Before the big game tha Ath letics and Students' teams will put on a preliminary game with the usual rush and go soma In tbe lightweight contests The grade school cross-country run. for which the thirty-five winners of the pre liminaries have been waiting patiently, will take place this morning. The start and finish will be made at the ectranca tn Rohrer park, and the run will cover two miles. The hares will be Messrs, Clark. Smith and Harris of the high school harriers and they will be closely followed by the fol- lowing boys representing their school a: Bloomer School W. Clark Arthur r.,,li. Otis Roberts. C. Far low and M. Humphrey! " aaningion Avenue tl. McUonald L. Bars tow. Abe taimater, R, Peterson and Allen Oowey. Avenue B Kneffer, Lower)-, 8. Nogg, Ed Iwery and Blmmone. Thirty -eecood Street I- Klelnlela C FVicke, C L Long. Edward Miller and E Flrher. fecund Avenue G. Aits and Fry. Pierce Street Harry Snephard. Harold McGea, A. Anderson, Frank Lens and George Anderson. Twenuetn Avenue W. Chandler. A. Maen and John Van Us Vea. Kighin Street Ed Uonole and L. Suite. Third Street Cbauncey Slott The run will start at 10 o'clock and a large number of rooters from tha several schools entered will be on hand to encour age their team to victory. The Toung Men's Christian association will present a pennant to the team winning the largest number of points for Its school. Points win be awarded to the first twelve cross ing tha Una at the finish. Select your Xmaa gifts now at Fauble's art shop, formerly Alexander' a Wines, liquors and cordials for the holi day a Rosenfaid Liquor Co., fcU 8. Main kt- afarrlace Llevaaea. Marriage licenses were Issued yesterday te the following: Name and Residence. Robert E. Ford. Omaha Grace B. Rmead, Mous City M. J. Behreaa. Omaha. fc.ieie "A like. Omaha C. K. Nehleen. Omaha Lillian fcwansen, bojth Omaha.... Age ... fl ... a ... n ... la ... a ... la DULANEY IS JFREED BY JURY relit leal 1 eaaWr Cleared af (kaiit at Bribery la ( aware tloa wtltsi tile. tie af Itsslaf Perry. YAZOO CITT. Miss. Dec J -L. C. Du laney. planter and political leader, was adjudged Dot guilty of the charges of bribery la coacecUua with the recent lec tio a af United Stales Senator Lrroy C. Percy. The trial had besa ta progress for the last tea days before the Yasua county cr ru:t ecart- Argumeat was concluded a few "aoawents after 1 o'clock this naca-niag. the taae gives te the Jury at 1 31 and a vcdict returned tartity iii'autrs later. : BEATS TYICE IN DEBATES Comhasktr Teams Win Agraintt Illi nois and Wisconsin. VICTORY OX BOTH SIDES QUESTION Ff Opea bos la Cwwtest with MM we Is, flMes hep Via. at l.lw ela lw Ale Take. Tw. Debate. CHAMPAIGN. 111.. Det. 1 (Special Tele gram.) While three I'nlversity of Ne braska debaters were defeating the I'nl versity of Wisconsin at Lincoln tonight, three moi-e were defeating the I'nlversity of Illinois here. Nebraska thus defeats in these contests of brains the two largest universities in the central debating league universities, each with LOW students more than Js'e traaka. Twice In succession Nebraska has overwhelmed Illinois the only times the institutions have met in the arena. Nebraska here took the negative and at Lincoln the affirmative of the question: "Resolved, that the movement of organ ised labor for the closed shop should re ceive the support of public opinion." Clifford U Rein. 'U. of Loup City; Anan R, Raymond. '11. law 'It. of Fairmont, and George N. Foster, 'U, law 'IL of Sterling composed Nebraska's negative team. The local team members were Charles H. O'Connor. R. J. Robinson and J. V. Etetenson. The decision of the Judges was unanimous and a large audience cheered the winners. The Judges were Isaac A. Loos, pro fessor of economics In the Cniversity of Iowa; E. A. Gilmore. professor of law in tbe I'nlversity of Wisconsin, and C. E. Buell of Madison. Wis. Dr. It. B. Ward Presides. The contest was attended by nearly 1.09 persona. Prof. Henry B Ward, formerly dean of the I'nlversity of Nebraska col lege of medicine, presided. y Applause for Nebraska's attack on the clo.-ed shop was generous. By superior skill in clo.e thinking and In definitely meeting the Illinois men on their own propositions the Nebraskans won. Their grip In the details of the subject was alo firmer. Illinois' representatives relied more . on oratory. When the Nebraakana poured in the facts and met tha emergencies of the running fight victory was conceded by several members of the Illinois faculty. Nebraska's case was opened by Rein, who vigorously arraigned the doted shop as wrong in principle, monopolistic in ten dency and violative of freedom of con tract. Illinois contended that the closed shop is necessary for the life of unionism. This argument Raymond promptly and effec- Uvf,5r "P0'1"1' FoBt'r nclu1k1 br Pun" lmn th argument that the closed shop would bring Industrial peace. In the roundup of rebuttal speches the Nebraskans skill In debate boxing was em phasized. At the banquet tonight, given the team, speeches were made by the alternate, G. R. Mann. 'IX and Prof. M. M. Fogg. Prof. Gilmore congratulated Nebraska on the c leanest of Its case. Victory at Liweala. LINCOLN. Neb., Iec- I. (Special Tele gram.) Nebraska won a two to one de cision last night In tha annual intercollegi ate delate between the Universities of Ne braska and Wisconsin. It cams after a masterful discussion of the subject, "Re solved, that the movement of organised labor tor the closed shop should receive the support of public opinion." Although dean cut. the Corah uBkers' victory was gained only after some of the best Intercollegiate debating ever done In Lincoln. Nebraska -was represented by B. C. Mar cellus, Arthur M. Oberfelder and Joseph V. Votava. Wisconsin's team was com prised of H. V. Meissner. Raymond W. Bell and William H. fcpohn. The judges were Warren Gwrst of Cedar Rapids. Is.; Prof. Frank L Herriott of Drake university and Prof. Benjamin S. Ebambaugh. Nebraaka argued that the closed shop was the only means of securing the bene fits of organised labor, while Wisconsin advanced the proposition that a "mixed" shop waa really the solution inasmuch as it still retained the benefits and eliminated the danger of the other system. To this Nebraska replied that Wisconsin waa standing upon the same grounds that Nebraska had taken. Cut throat compe tition, due to unrestricted Immigration, made it essential for labor organizations to contirue their existence through tbe medium of the closed shop, There was a scene of wild enthusiasm at the conclusion of the debate as this is the first time that Nebraska haa ever beaten Wisconsin. Nebraska excelled in delivery and re buttal, while tbe gradings on arguments were even. NIawaaa Wis trass Gapaera. IOWA CITY. Ia.. Pec. a (Special Tele gram.) Iowa won from Minnesota here last nlgnt by a decision of two to one over tne question of the closed shop, the Hawkeye team upholding the affirmative. Glenn Cunningham, leader for Iowa, came third in the contest summing up for the op position against M. N. Olson, leader fur the Minnesota team. The debate on the Iowa side was opened by Karl Loos and following him came Stanley Giilam, opening speaker on the Minnesota trio. In respective turn these were followed by R. P. Clougb of Iowa and Henry Paddock of Minnesota. An offer was made on the part of Mlnneaota to show that the question should binge on the ultimate Justice of the idea. Wbere Iowa made an especially strong point was In its rebutial. Dean Gregory ef Iowa presided and A. K. Sheldon of Lincoln. Neb.; Dean O. A. Marker. Urbane, III., and Judge 8. H. Sedgwick of Lincoln, Neb, judged the contcst- w iaesaala S-aaes Agaisu MADISON. Wla, Dec, S. Special Tele gram.) Wisconsin university last night lost the Intercollegiate debate bere to Iowa. The decision of the Judgea was unanimous, their vertLct sustaining the negative of the open shop question. BALFOUR SUPERSEDES TOWN Villas af Hlllaaale, Established IsTO. Has Beea Aballalaed la Mills faaatr. la GLEN WOOD. Ia-, Dec . (Special By a recent order of the district court of Mills county the village of Hillsdale, estab lished In 170. when the Burlington rail- au was cum tnrouga aims couu.y. r.a. bean aboll.hed. and a new station. Balfour. has superseded It This has been brought abvut by tte strsightenmg of the Bur lington lines through that connty, wilch left Hillsdale two miles from the railroad. H.iUxiale ia now undergoing exactly ths same treatment which forty years ago it Inflicted upon Louden which, at that time, waj the first settlement on the crest of the hills near Gienwood. When the ra.1 road went through the county the town moved to HiUedaia Louden boaated the first "ladies' seminary" In the slate and waa vtry proud of ths honor, but the structure was blown down by a heavy etrrm and was never rebuilt Persiatcai iavai timing La tke Read Big Returns. Flattery, Not Bravery Promotes the Soldier Asserts Attorney Supreme Court Aronsed by Assertion Attacking Army Pleads Against Lieut. Reere'i Dismissal. WASHINGTON. Pee. t Declaring that It has come to be nece-wary In order "to be a great soldier to bow to the scepter and be a lickspittle." Alexander S. Bacon, an attorney of New Tork. today aroused j the supreme court of the United States. With some indipnation. Associate Justice White Interrupted the lawyer with an ob jection to what he termed aspersions en a co-ordinate branch of the government, not contained In the record being CTnuldered by the court. Mr. Bacon withdrew Ms statements with apologies to the court The attorney was arguing that the courts of the Pllrict of Columbia had erred In refusing to compel the War de partment officials to bring Into court lor elimination the records In the case of Second Lieutenant Hart Reeves, artillery corps, and to reinstate him. I Mr. Bacon claimed that Reeves hsd suf-1 fered from nervous exhstistinn while serv ing Ir. the Philip-Fines and that his physical condition entitled him to retirement on three-fourths pay. Instead, and by reason of alleged enemies In the War department. It war claimed by Mr. Bacon. Reeves had been dlsmlsed with only one year s pay. "In this day of lmpertnilnm." said Mr. Bacon, "it seems tc be a feeling, even among Judges, that the president of the United States can do anything. The time was when an officer would spurn the Idea of promotion through his wife's lnfluenca. Things have changed now." In a brief filed in the court In the ca, Mr Bacon said that Lieutenant Reeves' dismissal would be a blot upon tha fair came of military Justice. "If such methods are to prevail." said he. "every officer will feel that his com mieion as unsafe In the hands of an un scrupulous department and that flattery and subserviency are more potent pro tectors to a commission than efficiency In the line of duty." Sailors Will Cook With Electricity Galleys of All New Battleship. Will Be Equipped with. Electric Ranges. WASHINGTON. Dec S Electricity here after will be used to do all the cooking for the sailors aboard the new ships of the navy, as thorouogh tests have shown the superiority of the electric range over the old coal galley, not only in convenience, but in economy as welL This fact appears in the annual report of the chief of the equipment bureau and It Is added that In some cases it has even been found that electricity can be used for heating pur poses with better results than steam colls aboard ship. - The turbine generators also have driven out the reciprocating engines and dyna mos on the battleships and no more of the old type will be Installed. Tha ghastly and weird green-flamed mercury light has also been found better adapted than the arc light for use In the fir and engine rooms of the ships, while tbe new metallic filament lamps have proven t their su perotity for signalling purposes. GRANDCHILDREN FIGHT FOR CALHOUN'S HOME Old Flaatatlew Claimed by Several De aeesgesta tsier Terxaa af Will Coart HeesrS. Destroyed. WASHINGTON, Dec a Members of the Calhoun family. whic John C. Calhoun made famous, came today before the su preme court of the United States to en deavor to regain possession of the "Cal houn plantation" in Greenwood county. South Carolina. The arguments were made In the room In which John C Calhoun so often triumphed In debate. The plantation waa owned by Downs Calhoun when he died In 1KQ. He had made a will leaving his lands to his two sons for Ufa and then to their legitimate Issue. William C. Calhoun. Edwin Cal houn, Janie Lock and John C. Calhoun of Georgia, Emma Trimble and Emma R. Stolenweck of Alabama and Dora A. Rovail of Virginia now' claim the land under this will. Other claimants declare the land did not pass under the will, but was sold for debts by equity court in the settlement of Downs Calhoun's estate and that his two sons bought it Difficulty In determining the issue haa been encountered because the court records were destroyed by fire. WESTERN UNION NOW HAS SPECIAL OCEAN SERVICE Letter Will Be Trmasialtted a I'saal Tails aad Copy Will Make Oeeas Iteaarr. NEW TORK, Dec J.-A special ocean service was announced by the Western Union Telegraph company tonight. The letter will be received by tbe telegraph company precisely as a message would be received, transmitted across the continent at the usual tolls and tbe copy at this end will be placed la a special sealed en velope, addressed as directed and rushed to any available steamship. The only extra charge will be S cents for postage. It Is confined to an port or city aad Is available In either direction from Chicago to Baltimore or from Bos n to Seattle. CIRCUIT COURT AT MITCHELL rawer af Stallraad la Twelve Diver ea Docket. MITCHELL. 8. D.. Dec 1 -( Special ) Tha aessioa of circuit court, which began Tuesday, has bean devoted to court rsses and the Jury was exeuaed for the first two days on account of none of the Jury cases being ready for trial. The first Jury casa to come up was that of Davison county against the Milwaukee road, an a petition that was presented the board from land owners in Mitchell townabip. requeat iag the Milwaukee coulter. to build a bridge over a read way w hich would give them a shorter cut to tins city. Tha ex- . nM o( bui!aint th, fcrMg, would be a bo a .ni ih. em,.. k.. ut SJ.uu and the company has fought the re quest for about three )ars- After the Jury bad been drawn tn attorneys fur the company. Preatoci A Hannrtt, asked that the case be dismissed on the gro aad that the petition was insufficient, ia that t contained the names of parties owning land in tha township abutting oa the road way that were not bona fids residents, and therefors could have se personal In terest ia the petition The court held with the railroad attoriuiya aad dismissed the case. There are twelve divorce eases to La beard at this terra of court. Bigger. .Better. buaiea-That ia what advertising ia The bee will da fr y our buaincaa. Ja4n Stales la Bridge Case- alta Attnaetlwae at Osaalaa. "The Genius" at the Brandeln. "I ady Frederick'' at the Boyd. "Three Weeks " at the Krug. Vaudeville at the Orpheum. Burlesque at the Gayety. 'The f .ea I it," at the Braadeta, Henry Woodruff. In a comedy with songs in three sets; plav br William and Cecil IeM't): mu-lc by Paul Rubens: lyrics by Vincent Bryant: staged by William Post. The principals: Otto Vogelshurg. a musician Herman Hirechberg JTIctor LeMerier, a painter Theodore A. Doucet Brian McGonlgal. a sculptor Charles Wellely Neil Graham, a girl Madge Kennedy Jack Spencer, a man Henry Woodruff Perdval Clutterback. a connoisour Frank Dekura Josephine) VanlHisen. a dilettante Cassie Jameson Mrs VanDusen. a mother Ina Horke The "I-knew-hlm-when" members are likely to declare that they knew "The Genius" when It was "The Genius and the Model." If they desire to pursue their re searches a little farther teiey may look up an old novel called "Armorel of Lyonesse," by Sir Walter Beesnt. wherein Is contained the germ of the plot What Is more Im portant than this antlquarianlsm is the fsct that "The Genius'" la now an amus ing little comedy, occasionally striking a farce note and again pulling out a musi cal comedy stop. It Is a play better suited to Harry Woodruff than "The Prince of Tonight." popular, but generally overrated; or the equally popular and unspeakable "Brown of Harvard." Boiled down, the story Is this: Jack Spen cer, long on money, short on culture, breesy snd debonair, wouia woo and win Miss Josephine VanDusen. a dllletante debutante. When it came to the art game Spencer was a few chips shy on the pre liminary deposit So he hunts up three artists as good and as poor and unrecog nized as dramatic and literary conven tions demand, and with these he conspirea Result is fame for him; money for them. They have a model wno quite fullflls all the requirements of a model so far as one can Judge. Too great opportunity for criti cal pronouncement on this 1 not afforded. Now what more likely than after Spencer has the glory which would get him the dllletante that he should then prefer the other T When he tries to slough off his fame and glory, when he would Inform all rf his fraud, he finds It a tough Job. A critio who "discovered" him has bis own reputation at stake and pulls contrariwise. The public votes the genius' mind unhinged and still acclaims hlra. Having reached an Impasse on this tack. Spencer veers to another. He and one of the artists have an overheard conversa tion In which he Is reluctantly, on, so re luctantly, convinced by the artist that to marry his "Inspiration" would be just ab solutely fatal to his art Art demands a sacrifice. Josephine rather fancies herself as a sacrificial votary of Art and Spencer Is freed. No time is lost In tagging the modet Bluffing about knowledge of art la ex cellent material for comedy purposes and It Is well utilised In "The Genius." It is funny ta are Woodruff rehearsing his pupils when the dllletante. her mother and the art critic first catch him reveling tn his "art- It is funny to see the great man receiving admiring aesthetes, though on or two of these are frightful caricatures, and It Is more than ordinarily funny, to hear him and his conspirator sorrowing over the necessity of the rupture with the dllletanta in bis serious love scenes Mr. Woodruff is, of course, effective. He is Interrupting himself mors often than ever before with sudden plunge from the sub Urns or the near-sublime to tbe ridiculous or comic Incidentally it may be remarked that be is quite as good-looking as ever. His clothes, particularly in the last act. must be Intended with some degree of humor. Tbe plumt-colored evening suit makes even Jim Corbet t's cbiaroscure minstrel clothes seem tame. Miss Madge Kennedy la the model. Her fresh young charms are numerous, and though probably not long on the stage Is playing with much skill. Of the others the beet acting is dons by Herman ill racb berg, who Is the principal fellow conspirator. "The Genius" will be seen again this after coon and evening. Soxae Staare Laal Goaaia. Billy Grew is now a member of the Lyric Stock company at Minneapolis, playing leads. The tact that Grahams-White, tha Eng lish aviator, eallad fur London on the same boat with Pauline Chase Is offered as con firming the statement that they are to wed. And this does away with another reported engagement for Elizabeth Sears. In the same breath we are told that Miss Sears is to have a monoplane of her own, and Intends to sail the sky all by her lonely. What Elizabeth moat needs Is a press agent. Mary Garden's baiome looks pretty good to several other cities, even if Chicago would not have It so and she will be given ail needed opportunity to dance dur ing the winter. "Art" la bound to be served. That Albert Chevalier, the English actor, may see the opening performance of his countrywoman. Miss Olga Nethersuie. In "Mary Magdalene' at the New theater December S. Mr. Chevalier's own New Tork premiers has been put over. Instead of opening on scheduled time at the Hackert, Mr. Chevalier, in his new character-comedy in three acts. "Daddy Dufard," will make his bow Tueaday evening. De camber a According ta Paris goaaip Mrs. WaJker Feern, widow of the lata United States minister to Greece and Rouroanla, is dramatizing the more important incidents in ber bock. "The Dairy of a Refugee. The play will have for its title General Washington Affairs (From a Staff Correspondent) WASHINGTON, Dec. t fpeclal Tele gram Army orders: Lieuuiar.t Coiunei Char lea . Gandy, meduaii corps. Depart ment of Caiiloruia, ul assume duues of moiiisl superintendent in axu.y transport service, tean Francisco. reuevMis lj.ut.rw i aiit Coioaai Henry E. T. iWru, medical carts. li.st Lieutfcriant Frank E. Sidmsn, Twe.f'.h cavalry, will report to command ing officer Department of California for teniporary duty. -.rt Lieutriiant PULp Mathews cast aru..ery corps, will proceed ! Meat punt fi r duty at the military academy. Major Jair.ee Lockett, ruurtn cavalry and Major r redan, a S. roitz. sifieenta cavaiiy. will rru.ed to West bury Mauoa. Lor.g Ieland. K. T., for temporary duty. ..ar.-es in aasis amen la ut aff leers of coax aj-a.ii.ery cor-,a: Captain RoUert K V. uui. una-eiriied. ia assigned to r'orty eiit th rorntari-, tai 'ain Artnur li. Bryant is tranaterrad from (!'ly-eigtith company to 1 wex.ty-U.iro con.pauy; Fut Liuteuart Vi u: ara T t'rprj, t-r. unagigni. la as siabrd to Hfty-iourun couiiaii. First Lieu SI OMAHA GIRL AS A STAR Much interest is taken In the first aje pearance of Edith Spencer at the head of ber own company. The event la scheduled for W.t even ng at the Gayety theater, tbe play being the delightful story of the sea. "The Girl From Out Tonder." Miss Spencer has a loyal local following, won through the excellence of her work when filling special engagements with the stock companies at the Burwood and Boya theaters, and It Is but reasonsble to expect that all her admirers will rally this evening and tender to her the rousing welcome she so richly deserves. Grant's famous words. "Let Te Have Peace." The general. It is said, will be Introduced on the stage with tha consent of the Grant family. Robert I. H ami ere hag dramatised a Japanese legend and has presented It tn Paris under the tltla. "L' Amour da Keen." The play is set to music by Leon Morean. and Is being played by the Theater da '.'Oeuvre company at the Feral na thaatar. Tba plot has to do with a Bamuria atari So and hhi love for the beavntlful Keen, and U extremely dramatic The announcement that tha New theater. New Tork, Is to present Mrs. Mary Hun ter Austin's Indian play, "The Arrows Maker." developed the fact that there are soma real Indians tn New Tork who think they can act- At least a doseo, who had read the newspaper accounts, appeared at the New theater and Importuned Dlrwrtor Ames for positions. The Indian charac ters, however, win be portrayed by tha New theater's own company. The next East Side subscription niglit at the New theater, Kew York, cornea on Christmas eve. when It Is likely that "Tba Merry Wives of Windsor" will be tha MO, At these performances seats are sold to working people at frera W to 50 eanta. Nearly 40.000 applications were recelvwd from the t.OOO chairs when the first pea formance was announced earlier in tha season. Lulu Glaser was given hilarious wefoorna '. back to New Tork when she opened thera as Christ'l In "The Girl and the Kaiser,' which is described as a most Joyous con glomeration of niusia and comedy. The Shuberts look on it as being good for tha rest of the season at the Herald Squar theater. Sunday evening at the Brandeia theater , Cohan and Harris will present Adelaide Thurston In the title role of Catherine Chlsholm Cushing's comedy, "Miss Ana- niaa." Besides the four evening perfiirte) ances a special matinee w!U be given eat Wednesday. Madamn Liza Lehmann presents bar swa quartet of soloists st the Brandeia theater Tuesday afternoon, December 4, at 4 o'clock, in a program which opens with the popular cycle, "In a Persian Garden." and cluaes with the sparkling teat of Carrol's "Alice In Wonderland." with Its dainty musical setting. Harry Hewitt, who plays the polar bear In "Kria Kringle's Dream," by the "Tap o' th World Dancers." at the Orpheum, declares that he has to carry nearly sixty pounds of boar skin to effect his disguisa in this act-' As the act is twenty-five minutes long Mr. Hewitt adds that be ex periences some sultry sensations twice each day. This bear akin was removed from a train brought to this country from the polar regions. "Last July we played attk at Coney Island, with tha tempera ture Xt in the shade. Can you imagine my I condition at the close of tha act V Mr. Hewitt asks The Orlheum "Road Show" organizes to day ia Cincinnati. Among the acts are LaPm, fire dancer; Rigaietto brothers. Ml vliie and Higina and Charles Leonard FlaUht-r. tenant Charles O. Schudt, uns-lgned. S atiaciitd to Fiftieth company; First Liew-tet-aj.t Marccilua H. Th'mpeon. now at tached to On. Hundred and Kleventh rosa an. is aaaifned to trial company; First Lieuterant Jonn G. D.tiovan is relieved from Fifty-first company and attar Med t Ligt-tee-tit'i company; lltit Lieutenant Lu cin, D. Booth is relieved from iiny-fourta company ant attached to ne Hundred al Tblrty-etfMh ccmpany; First iJiulrnant Geurte M. perk is re.ivd from assignment to Fiftieth cm;ajiy and placed on unaa s gned ut; Firat Lieutanajit Oeorpe Run leu, jr., is relieved from t.ity-aeventti com pany and et!acned to Twenty-eigntn ru tuv; iirat Lie Jlrr.ar.t Halvcr ii. Couitar. now attached to Fiftieth Company, la rw Ueved from djty wun that company ani attained v One Hundred ar.d Furty-sistA company; Firm IJeutenant l.ohert R. Wel shl'i.er. now a.-aiyned to Nlneiy-flfth eorn u) i Pirai Lieutri.ant Charles hi. Wing. Jr., la Uanaferre-I from Thirty -seventh c-oiu-iax to T went y-tr ird enmpeny: Flrxt iJea tenant John ii. lirie la transferred fro a One Hundred snd fifteenth company V) L i rjtl.r-itn company. 1 7 (lj-un of tr.e president Captain George H. L-t s. Twentieth Infantry. Is delated fur service la tne aubeisleuce department-Leave of eterve tit twenty days is granted Majur vii.ii.ra C CVin.oa. qjar loru juiler. .- r "... : . ' - - i ... , . -rii saa