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TIIK OMAHA SUNDAY BF,K: PFT.Mnr.n 4. 1310.
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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.
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