Omaha Daily Bee Newspaper, June 9, 1889, Page 5

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TIRED OF PAPER RAILROADS. A Petition to Dissolve the Repub- lican Valley & Wyoming. A CITY OF THE FIRST CLASS. South Omaha So Declared by the Governor—The Coming BState Fair—Commencemet Exer- cises at the University. LINCOLN HUREAU OF THR OvAaA Bes, 1020 P Staenrr, LixooLy, June 8, The paper railroad running from Culbert- son through Hitchcock, Hayes and Chase counties to Holyoke, Colo., known as the Republican Valley & Wyoming railroad, still annoys the good people living along its line. The attorney-general is just in receipt of a petition signed by 521 Nebraskans, living in the country contiguous to the road, which is self exolanatory. It is as follows: ““Whereas, The Republican Valley & Wy- oming railroad company, & corporation or- anized and existing under the lawsof the tate of Nebraska, secured the right of way caused to be graded in the year 1387, a_lin of road extendiug from Cuibertson, in Hitch- cock county, Nebraska, in a northwesterly direction through Hitchcock, Hayes and Chase counties, Nebraska; ncd ‘Whereas, It is evident that said line was surveyed and the right of way secured for the purpose of keeping out lines in compoti- tion with the B. & M., and not for the pur- pose of furnishing the people with railroad 1acilities; and, ‘Whereas, Said company has failed to com- plete and operate said line or any part there- of; therefore, ‘e, the undersigned citizens of the state, located along the line of said proposcd road, mont respectively request and pray that you may bring somo action before the supreme court of the state as will result, in revoking said company’s charter and the dissolution of the charter.” 1In reply to questions touchiog the petition and the road, the attorney gencral said : **xou will remember that the same matter ‘was brought to my attention several weeks ago, when I called tho attention of the in- corporators of the road to the complaints of the people. Mr. Holdredge called to see me about it, und represented that monoy was scarce in the east and hard to get hold of for building purposes. He told me, however, that beforo the next session of the suprome court, he and others of the board of directors would go over the line of the road and would decide upon what could be done. It seemed to be his opinion that the bed of the road would be “tracked” very soon, amd thus put this controversy to a very satisfactory end. 1 do not wish to be hasty in the matter, and am inclined to wait until September, wiien the supreme court next sits, before taking action. I@nothing is done then, I shall fecl compelled to take some uction, for the peti- tion, signed as it is by 521 citizons and tax- payers of that county, will demand decisive ste ‘You can say, further, that if nothing is done by September 1, I will certainly bring suit to dissolve the corporation.” The Coming State Fair. The board of managers of the State agri- cultural association closed their session this morning at 10 o'clock. Secretary Furnas spéaks very encouragingly of the prospects of the coming exposition. In his language, “1v will ‘be the greatest exhibition ever given in the state.” The board will meet in July and August for final urrangements, but the exuct dates have not been fixed upon. One of the great attractions of the fawr will be the daily exhibitions of ‘*Madam Marantette’ . and her Kentucky suddle and pack horse. The secretary modestly states that there will be more new attractions than have ever been seen at an aunual expositioa wost of the Mississippi. The stock exhibit will bo larger and better than cver before, and it goes without saving !.Blfl- Nebraska's fair for }syw wili e a record beater. alt for the air. Linco!n’s New Marshal. Marsaal Carder, the newly appointed oflicial, took formal possession at 7 o'clock, this evening. He addressed the members of the force, complimenting them, and the pre- vious administration, and expressed a desire to equal and possibly improve on it. His ad- dress was well received, both by the wem- bers of the force and by the citizens who had congregated to witness the inauguration. Thirteenth Annual Exhibition. The Union society of the State university held its thirteenth annual exhibition last night. Though stormy, the chapel was well filled, and a creditable programme was ren- dered. Tt was as follows: Bass Solo—“*My Native Country"....Kellers J. B. Barnaby. Fulogy—Charles Stewart Parnell.... ... YA Phaso of ‘the Labor Que May Tower .Lemmen Oration-- tion’ siesesiae Soprano Solo—*Bird of Love" Liltian F. Chamberlain, Debate —**Compulsory School Educa- tion”..G. O. ll;lo_urunud L. H. Stoughton a—Reigen Piano Duet { FNEE protio—, Caprice........ Miss Idith Doolit Cochran, Oration—*“The Army of the Potomac” . . ceaviennn. . H, G, Peterson Soprana Solo—*If Tnou Didst Love Me" . . Danza Miss Lillian F. Chamberlain, An lmportant Decision. In reply to a letter recoived from John C. Black, of Harrisburg, Neb., to-day, Attor- ney-General Leese gives an opinion that will doubtless be of interest to every justice of the peace in the state, as woll as many others: i June 8, 1889, Johun C. Black, Harrisburg, Neb.—Dear Sir: In answer to yours of June 8, concern- ing the case of assault and battery, where & party goos bafore u justice of the peace aud '&nudn °‘fulll\\' or procures an information to filed against bim before s justico for sssault and battery, it is no bar t enter complaint against the sawe person before another jus for the same offense. + Because defenduant can not by his own pro- curement, or be a collusion with others, have himself brought before a justice and ad guilty to a crime. The inference of fraud ises from such a transaction, and the reason assigned is that the defendant tries to avoid the effoctof a complaint hy the person assaulted. Mr, Bishop, in his work on criminal law, says that in such case the state is no party in fact, but oniy in aame. The judge is im- posed upon. Kvery wire is moved by the defendant hinseif, while be holds his own fate in his own hands, there is no former jeopardy. The judgment is no bar to s real prosecution for the same offensc. ‘ofi;m 1st Bishop on Criminal Law, section Watkins vs State, 65th Indiana, page 430. Commonwealth vs Alderwan, 4uh Massa- chusetts report, page 477, Commonweulth vs Dascom, 111th Massa- chusetts, pago 404 State vs Colvin, 30th Tennessee, page 504, mgtue vs Greon & Muun, 16th lows, page State vs Simpson, 35th Minneso! e 60, All of the above cases hold to lh’:‘ g:fitruw herein given. If it wppears that the defend- vt colluded in any manner to have himself arrestad, it is no bar, and the justice who is- sued the first warrant on the complaint of She assaultand battery should examine the case, and, if the fellow guilty, fine Yours very truly, WiLLiam Lerse, Attorney-General. PROCLAMATION, Declaring the City of S8outh Omaha a ity of tho First Class, Section 2 of an aot aporoved March 14, 1880, eutitled an act to iucorporate eities of the first class, with outics, power and gov~ ernment, suys: Whonaver any eity of the socond class shall have obtained a popula- $ion of more than 8,000 inhabitauts, the mayorand ¢'ly couneil may, en ten days no- tice, cali an election and subuit a0 the quali- flod electors the question whether such oity shall be subject to the provisioas of this act. 11 a majority of the volers voting at suoh hum. THE OMAHA DAILY BEE: SUNDAY JUNE 9 18:0.—SIXTEEN PAGES. selection, vote in favor of the the city bocom- ing subject to the provisions of this act, the mayor shall certify such fact to the goveraor ‘who shall by proclamation, so declare, and thereafter such city shall be governed by the provisions of this act. The submission of the question, herein provided for, shall be by ordinance, and such ordinance shatl provide for the return and canvass of the votes cast at the election herein provided for; and upon such proclamation being made by the gov- ernor, each and every officer of said city shall within thirty days thergafter qualify and give the bonds provided by this act,” and, Whereas, A cortificate has been filed in tho executive office, by the mayor of the city of South Omaha, in the state of Nebrask: in which it is cortified that the said city ol South Omaha contaius povulation of more than _eight thousand inhabitants; the said certificate having been given oy the mayor ting under ullt’fmrlly of law aud in accord- ance with the facts, Now, Thorefore, I, John M. Thayer, gov- ernor of the state of Nobraska, do hereby issue my oroclamation and declare said city of South Omaha a city of tho first class and subject to all the provisions of an act to pro- vide for the organization, government and powers of cities of the first class having more than tha eight thousand and less than twenty-five thousand inhabitants. In testimony whereof, 1 have hereunto set my_ hand ana caused to be afixed the great seul of tho state. . Done at Lincoln this 8th day of June, A. D. 1880, By the Governor Jonx M. THAYER. G. L. Laws, Secretary of State. The Bacealauroats Sermon. The Baccalaureate addross to the gradu- ating class of the State University will be aclivered this evening at the Funke opora house, by the Rev. Dr. Joseph T. Duryoa, of Omaha. The sorvices will bezin promptly at§ oclock. The following is the pro- grammo: Music: “Praiss Yo Thy Lovd.—150th Psalm--Univorsity chorus, soprano solo, Mrs. A. W. Janson. iptural Reading. ow Heaven in_Ifullest Glory Rev. E. H. Chapin. Quartette—"“Tho_Strain Upraise,”” Mrs. A. W. Jansen, Mrs. Albert Watkins, Mr. Seamack, Mr, Barnaby. Bacealaurcate Sermon—Rev. Joseph F. Duryen. Hymn—*"How Fine a Foundation."—The Audience. Benediction. Bass Solo—*\ Shone.”—Hayden. Pra; District Court News. Tn the caso of the state vs William Fivz- simmons, the Waverly murderer, Judge Field this morning sustained the motion for a continuance until the fall term of the dis- trict conrt. Mary A. Rulison iled her petition in the district court to-day, asking a divorce from her liege lord snd maser. She allegns de- sertion and non support. She was married in Dutchess county, N. Y., in 1573, to Wil- liam Rulison, who deserted in 187 In the matter of the application of the African M. E. church to mortgage its prop- erty for 83,000 to assist in the erection of a church of the valuc of $3,000, Judge Field granted the privilege asked in the petition. City News and Notes. S. L. Highleyman, tax commissioner of the Missouri Pacific railroad company, is in the city looking after the asscssment of the com- pany’s line of road in tis state. The board of equalization found soven miles of road to Do assessed that had been omitted through an orror in the returns. Governor Thayer and wife returned home trom their Texas trip to-day. The governor's home-stay, however, was short, for he left this afteroon for Omaha to attend a meot- ing of the state board of equalization, Licu- tenant-Governor Meikeljohn, acting gov- ernor during the past week, roturned home this morning. All members of the Umform Rank, K. of P., aro hereby notified to uppear in full uni- form at the armory of D. A. Marshall di- vision, at 233 South Ninth street, on Sunday afternoon, June 9, at 1:3) prompt, for the purpose of attending memorial service in a body, Order of committee. - Judge Allen W. Field was unusually ur- bane to-day, when ho donned his judicial er- mine. “IU6 & nine-pound girl, boys,” he suid, as he quictly passed upon motions, *‘and its mamma is doing well.” A Jewelry Burglar. John Wilson, & young man who has been a resident of this city about five weeks, was arrested here, to-day, by a detective from Vermont, charged with burglarizing a jew- clry store. He had $1,400 and five gold ches when captured. The detective left with him for home this afternoon. e BREVITIES, The members of the fire department have been provided with leather helmets. Adolph Leopold paid $5 and costs, yester- day, for carrymg concealed weapons. Ada Finnegan was arrested last night charged with stealing $5 from a rural visitor ina Tenth street saloon. Fifteen cases of vagrancy were tried be- fore Judge Berks, yesterday, and fifteen ‘“vags" found lodging in the police station. W. H. Breithaupt began a suit, yestorday afternoon, in the county court against W. F, Masters, to recover $187, claimed to be due on two promissory notes. Mr. I.N. Cornish, in driving over the cable near the Tie B office, Saturday evening, nearly met with a serious accident by one of his horses catching a calk in the cable slot. Jobn A, Schreiner was sued in_ Justice Kroeger's court, yesterday, for $70.30, by Fred Tetig. This was a cigar bil, due Tetig, who charges Schreiner with unfair dealing and attempting to defraud his creditors, 0. H. Clark and T. Whalen went iato Nellie Cunningham’s dive, on Capitol avenue, and came ont £50 short, Mamie Frederick, Efie Smith, Jessio Hill and Mabel Open- heimer were arrested on the charge of robbery. ‘The Omuha Sureet Railway company con- templates extending its lines in the southern part of the city, and with that end in view, made application for a permit to build south on Sixteenth street, and over the viaduct from Loavenworth to Vinton, ‘The Omaha aud Council Bluffs Raiiroad aud Bridge company has decided to issue filty trip tickets for foot passengers, good forone month, for 50 ceats. The arrange- ment is to be made to accommodate working- men who live in Council Bluffs and work in Omabt. In tne district court, yesterday afternooon, Susan Nock began a suit against Johanna Johnson and Clara Johnson, to have ihe title 10 a piece of property, deeded by Johanna Johnson to Clara Johnson, declared null and void on the ground that an error was made in the description of the lot. e Onala, June 7. Bre: A spocial meeting of the Humane seciety, adjourned from Wodnesday evening, will be held in the pariors of the Paxton, this evening. The main object of the meet- iug is to discuss the better methods of deal- g with dugs under the police authority. I propose. ncidentally, to speak upon the sub- joct of bydrophobia and the annual alarm to which people are subjected by the authori- ties, witlr honost but misdirected zeal, through groundless foars of that dissase, I ask vhe publication of the unote by Tuk Bre as both an announcement and an invitation to the men and women of Omaha who sympathize with the work and aims of the Humane so- elely to attend the meeting aud hear the dis- cussion. The object is educational iu a seuse, councerning au important subject of social and public concern. L specially urge upon all members of the Humane society W meot oach othor on this occasion, and I feel warranted in oxtonding o partioular fuvitation to the honorable mayor aud the oity council, and tho gentlemen of the polwe commssion, if.they will do the Humaae society this bonor. Geonee L. MiLLER, Vico-President of the Humane Society. B t—— South Omaha's Freo Delivery, South Omaha is W have free wail delivery July 1, o telegram to that effect having been received by Hou. W, J. Connsll from the su- porinteadent of the muil service last cveuning. THE ANNEXATION SCHEME. It Again Comes Before the Omaha City Counoil ADVANTAGES TO BE DERIVED. A Rtesolution Requesting the Co-opes ration of the Citizens of South Omaha and Albright— Other Business. The City Council After the council moeting last night Mr. Wheeler sprung his cherished scheme for the annexation of South Omaha and Al- bright to the city of Omaha. The matter was prosented in the form of #he following resolution, which was referred to the com- mittee on judiciary : Resolved, That it is the sense of the com- mon council of Omaha that Omaha, South Omaba and Albright should be united as one solid city, not later’ than January 1, 1890, at the close of the fiscal year. To this end we invite the co-operation of the authorities and citizens of cach locality. —Its offect will be economical in_administering the muaicipal government. It will give the city a promi- nent place in the United States census of 1890, It will promote public improvements, such as pavements, parks, boulevards, ete and lead to a steady advance in real valu It will systemizo the operations of our busi- ness men, and the combined capital of the existing three places, then united as one, will command an_influcntial position in the financial and industrial interests of the country. ‘I'ie mayor's apportionment of funds for the various departments of the city govern- ment was amendod in a committoe of the whole by muking reductions in several do- partnients, amounting in all to §14,500, This amount, added to the general fund, makes a total of $2,627 availuble for grading pur- poses, und will enabls the council to grade a number of streets ®ntempiated, including Sherman avenue and Sixth street. The city comptroller was instructed to have 2,000 copies of the plumbe.s’ ordinance printed. Tha ordinance to regulate license and pro- hibit the running at large of dogs, which has been before the council since September 1, 1888, was discussed in the committee of tho -whole and referred to the judiciury commit- tee. The finance committee reported in fuvor of the appointment of a city chemist. Council- man Suyder opposed the appointmont and claimed that the city physician should do the work. The report was adopted. ‘The council accepted an invitation to at- tend the firemen’s tournament in Council Bluffs next week. The city attorney was instructed to con- fess judgement in favor of C. W. Hamilton for $1,100 for damages by & change of grade on Leavenworth strect. ‘The application and bond of J. W. Barnett as master plumber, was referred to the com- mittee on sewerage. The claim of E. B. Burket & Sons for $1.200 for damages sustained by the grading of Tenth street, was referred to the commit- tee on finance and the city engineer, Chairman Balcombe, of the board of pub- lic works, was authorized to employ help to repair the damage done to paved streets by the storm on Friday night. The claim of Morand Schutt, of Valley and South Thirteenth streets, for damages caused by the storm of Friday night, was referred to the city engineer and city attor- ney. 3 The agreement of the county commission- ors to expend $10,000 for the grading of Thirteenth street and_Thirty-second avenue was received, accepted and placed on file, — ————— “TOOK TO THE HILLS. How OCouncilman sanider Escaped ‘With His Life. Mrs. A. H. Sander has just received the following interesting letter from her hus- band, the councilinan, which is self-expiana- tory: “I am bound here and can’t telegraph or hear a word, as we are cut off from all com- munication, What a flarful thing water is. Friday morning we left Pittsburg at 8 o'clock. It was raining very hard, and I was in train No. 2. It rawed all Friday, and by 10 o'clock we had made about eighty miles, and on arriving at Johnstown, a place of 80,000, found that the Conemaugh river was very high and most of the town was under water. The citizens said the town hed been under water before, but that the river had never been 8o high. After we left Johns- town we went further up the valiey and found the first section of our train side- tracked as well as several freight trains, and we were informed that we would- have to wait for a washout three miles up. Wo had plenty of time to walk around and watch the river rise., About 1l o'clock we pulled up about 2,000 feet on a higher grade 80 a8 to beout of danger 8s the river had begun to reach the track, One telegraph pole after another was washed away and this left us without telegraph communica- tion. The river rai fromla m, to 2 p. m. six feet, and was even with the flae iron bridge, and at 2:30 the bridge fell witha crash aud the four men on the bridge had a narrow escape. We learned there wus.a reservoir three miles long and one and one- haif miles wide, and from sixty to seventy feet deep, und that in the dam holding that body of water, a break was discovered, and would be likely to burst but the citizens said that this was an old cry to scare folks, and at overy high water time they said this, As it was raining and most of the passengers were wet, they went into the cars and so did I, and watched the steady rise of the water, and tho logs and timber bridges that the angry river carried along, but nobody dreamed what fearful power water had, and nobody can describe, and will not attempt to, either. At 4 p. m. the gravel train and engine came down whistling the danger sig- nal and warning us to Hy to the hills for our lives. We left our car, all except a lady and a porter, and they are drowned. We had no sooner reached the hill than 150 bunker's houses came sweeping by. Eogines came rolling along like balls, and in a few minutes our train was swept from the track. I saw mauny people floating past shrieking for help, but I could do nothing for them. r the water had subsided I went over through the water to my car and-got my satchel and coat, and then hurried across the hills to & house, where I dried my clothing. * * Our train soon caught fire” and was consumed. Next morning they commenced bringing the bod- ies up, ~A woman that was in my car was brought in, but I could only recognize her by her dress. * At noon Thursday we started in a farm wagon for Edgerton, eigh- teen miles away, and there we ook the train for Altoona, e FIRE AND POLICE, Chief Seavey's Plan For Increasing the Efficiency of His Force. ‘The board of fire and police commissioners held its regular meeting last evening. Some important matters were laid over and action on several petitions for license was post- poned. A petition was read from Chief Seavey re- questing that tho police force be graded, us & means of increasing its eficiency, by puttin g- every man oun his mettie and encouraging hum to strive for promotion from a lower to s higher grade. e also favored the reduc- ing of policemen to the lower grade when found ineflicient, and stated that this system would cost no more than is paid in salaries st present, and that it would bring about better service in every respect. Action oa this potition was postponed until the next weeting of the board, The resignation of Police Officer A. H. Cook was accepted. It was eundorsed by Chief Seavey as being ‘*reluctantly ap- oved.” Chief Galligan, of the fire department, re- orted that # new box had been placed on Cightoeath and St Mary’s aveaue, Per- mission was grant:d to Chief Galligan to take oue hose cart und the hook and ladder truck wo Council Bluffs to the firemen's tournament, on the 11th, 12th and Vith iusts. An invitation from D Miller to the board to attond the meeting of the Humaae society at the Paxtou hotel parlors, this evening, was read and accepted. A petition from P. A. Wheclock aud atbers, askiug for a fira box on Orehard Hill, was referred to the committec on propesty, Fifteon days' leave of absenos was granted 0 Oficer Horrigan. AL 9 o'clock the board adjoaras ], 't mast again Tues duy eveulog. v 3 ”’,'ItEMOVAi». The BeoyEsfablishment Now Quar- terod An the New Bullding. The officp of Trte OMany Bee has been removed w"“f new e building. For the noxt ten daya the counting room will be found'on the ground floor, corner of Soventoenth dnd #arnam. All orders for advertising #nd subscriptions will bo re. coived thofe: Tye editorial rooms, on the seventh floor, will not ba ageessible to the public until the formal opening of the building, which will take place on Jyna, 19. Until then communica- tions for the oditorial department will be received at the counting room, Telephono ntimbers of the editorial and counting rooms have not yet been changed. — PLAYS AND PLAYERS, Coming Attractions For This and Other Weeks at the Two Theaters, Omaha has boeni rogaled with operas rep- rosenting nearly all nations on the globe ex- cept Turkey, and to-morrow nizht this type, as illustrated in “Said Pasha,” will bo pre- sented at Boyd's by a company of singers, including such well known and recognized artists as Fran; iailard, John K. McWade, Harry L. Rattenbury, Frod Lonnox, Stanley Felch, Joseph S. Greensfelder, Harvy Cas- sidy, William Jones, Richard Garrick, Miss Ida Mulle, Miss Ada Somers, Miss Alice Gaillard, Miss Jessie Woods, Miss Alice Brewster and w strong chorus. Where it has been given, press and public have pro- nounced this opera an immense, entire, un- eauivocal, artistic, brilliant and ringing suc- cess, In stage settings and costumes it is said to be more gorgeous than either the “'Mikado,” “Little Tycoon," “Nanon,” or any of the other comic produc- tion. Everything about it is new and mag- mficent. Miss Ida Mulle is the petite lad, who was here during fair week two yea ago with the Broderick Opera company. Throughout *“Said Pasha” there runs a vein of lively, catchy and frequentiy brilliant mausic, while the duets, quartettes'and otner arranged muaic are very pleasing. The argu- ment is well conceived, and contains both wit and_humor. The story of the “Said Pasha” hinges upon the intention of the Said Pasha, & Turkish diplomat, to make a trip around the world, and take with him Hassan Bey, his first officer. Serena, his daughter, who loves Hassan, wants to go, too. Hadad, a tramp sailor, and Nockey manage to dis- guise Serena as a sailor boy. Terano, s rich young Mexican, also goes round the world looking for an ideal wife. He.is willing to pay dearly for her. Hadad offers, for a re- ward, to gt the ideal wife, both for the Pasna and Terano, She is found at Bok- hara, India, aad Terano falls in love with her. The receipts of to-morrow night's por- forr:;um‘e will be donated to the Johnstown fund. “The Paymaster” is an Irish play in every sense of the word. The stirring incidents are laid on Emerald soil, the characters are maiuly natives of the Isle, und the brogue is prevalent. The dialogue is the embodiment of. melodious uttorauces, which touch4he well-spring of human feeling, whilé the more humorous side is expressed in well chosan Irish wit. The paymaster is Robert Emmet O'Connor, an, Irish lioutenant in an English regiment commanded by an_English colonel who is infatuated with™ O'Connor's sweet- heart, Miss Ithel Miley. = Actuated by a spirit'of revenge, the colouel steals the cash box of thé paymaster justas the latter is about to pay off the regiment. Being unable to producd tha money, he is arvested, ufter- wards scgpes,through the eonnivance of an Irish servdnt, by plunging into the river Tunning close to the prison. Act fourth pre- sents another excilng - opisode in the resgue . of Miss Miley a watefy !'grave into _ which has peen thrown by the colopel. -In the fifth and lust act, vjntue is its owh reward, good- ness is trinmphant over vice, the hero is re- warded bythe hand, heart and fortune of the heroine, and avarice is duly punished. The play ,will be seen for the first time in this city at Boyd's opera house tho last threa nights of this week. With it the season at Boyd’s comesto a close. Sothern had'a very successful engagement here. His audiences yesterday, both after- noon and evening, were larze ones and they enjoyed his performances of “The Highest Bidder” and “Lord Chumley” immensely. Sothern is undoubtedly the cleverest young actor of the present age. “Our Boys,” H. J. Byron's delightful comedy, which was produced for the first time at the Vaudeville theatre, London, Jan- uary 16, 1571, running for over 1.500 nights, will be performed by a pumber of well- known am utuers at Washington hall, June 12, for the Johnstown suffercrs. The per- formance will be given under the auspices of Mrs. C. H. Gardner, Mrs. Herman Kountze, Mrs, H. W. Yates, Mrs. Caldwell and Mrs. McK enna. ' The play, which is one of the most delightful of all the English comedies, will be cast as follows: Sir Geoftrey Champneys. .. Mr. F. M. Faber Mr. Charles A. Howe Talbot Champneys Perkyn Middlewie! r. Archibald Powell Charles Middlewick. Lieutenant Wright Mr. Charles Deuel Kempster (a butler) ..Mr. Coughlan Poddles (a servant) Violet Melrose. ....... Miss Mabel Balcom be Clarrissa Champneys ...Miss Aona Millard Belinda (a maid of all work)....Miss Shears The Eden Musee will ofter a double bill the coming week. Every department will undergo a complete change and new and in- teresting features will be placed. The Fifth Avenue Theatre company, composed of six- teen people, with Neil Fiorence, lately with the “Twelve Temptations,” will present “Ten Nights in a Bar Room,” on Monday, Tuesday, Wednesday and Thursduy after- noon and evenings, and ‘‘Josh Whitcomb" on Friday, Saturday and Sunday afternoons and evenings. Despite the fact of the in- crease in attractions the price still remains at one dume to all, H. W. Bishop, the jolly old man with Sothern, went starring a few years ago in a piece called *‘Strictly Business,” but for wauot of proper manugement, he was com- pelled to get back into the ranks. Prof. Young and the gentlemen. associated with bim are preparing to give another two or three night's season of their comic opera, “Mr, S-m))wn, of Omaba.” It takes place tte 24th of this month, at the Grand. July 10 and 11, the Bostonians, on their re- turn from the coast, will flll an engagement at the Grand opera house. s Injured by a Horse. Mrs. Sims, a lady living on Twenty-fourth and Webster stseets, was badly injured tast evening, The lady was getting out of her buggy on the eorner of Thirteenth and Far- nam streetg, when she became entangled in the reins. ' ‘The horse ot frightened, and, ‘backing up, ped on the lady, nflicting some severs byuises. She was carried into an adjacent store, and shortly afterwards sent to Ler hol Her injuriés were pain- ful but not serious. oo MORE OF.'BEAST THAN HUMAN. John Rahrdban Found Lying Drunk Bosidelfis Mother's Corpse. The 108" 6ééupants of the tenement house 819{iast Sixtieth street have beon troubled bymn offensive odor, and to- day the pplige were called in to locate the sourcg. of the smell, suys a New York dispatch to the Chicago Herald, 1t seemed’ 46" proceed from oune of the apartmentsof Mrs. Bridget Hanrahan, #nd on breaking into them the dead and decaying body of Mrs. rahan was found in pne of them, The woman hud been dead at least a week. In the feont room, in the midst of filth, lay Murs. Hauruhan's eighteen-year old son John, dead drusk. (rom all apponrances he had eaten nothing and drank atl he could get for several days past. The neighbors think that the young mao, who was & worthless sot, had been hold- ing a quite wake over his mother's body ali by himself, The woman wis also a heavy drinker. Shedid no work, but lived in a miserable way on some saviugs that she hid made when for- merly cuiployed us a sérvant. The myther and son were ansociable and disagreeuble and the other gecupn bs of tho house saw and knew but, little of of them, OMAHA'S LITTLE CONENAUGH It Floods a Distriot and Sats Houses on End. SIDEWALKS WASHED AWAY. And Hundrads of Oitizens Are Com- pelled to Take Their Breakfast in the Homes of More Fortunate Neighbors. X An Early Morning Flood. The heaviest rain-storm, which has visited Omaha in four years, burst upon the city yesterday morning. Tie Ber of yesterday reforred to some of the damage effected by the down-pour, which is supplemonted by the following facts: The surroundings at Ninetoenth and C tollar streots, whero the groatest damage was done, are especially adapted for a flood of this kind. Between Nineteenth and Twentieth a gulch, the sides ot which aro steep and extond back soveral blocks, rans in a southerly diraction for a distance of a half mile, draining u large arca. The grading of Castellar forms a dam over twenty feet high across this ravine the banks of which are lined with cottages. The Martha stroot sower cnasa few feet south of Castellar street and had been covered up by the gr: ing of the stroot. It was but a few minutes after the storm burst yesterday morning until the ravine was filled with water and the houses aloug its bauks flooded. James Seott iives between Castellar and South street, in a neat cottage on the bank of the ravine. He heard tho water rushing under his house and decended to the dining room in the basoment to find the place flooded and everything in _ tho _ kitchen under water, He took breakfast with a neighbor yesterday morning as all of his provisions ‘were badly water-soaked. He places his dumage at 860, Just below Scott's place and nearer Castel- Jar, Joseph Elsusser woke up at 2 o'clock to find a torrent raging under his house. All of the weather-boarding was torn off around the basement, leaving the house standing upon the piling. ‘The basemont of the Minneapolis balkery, adjoming Elsasser's place, was flooded and & quantity of flour destroyed. John Oleson, at 1903 Castellar, had a lot of property damaged 1o his cellar which wus filled by the overflow. “The house of John Osmeror, at 1907 Castel- lar, is but a few feet from the mouth of the Martha strect sewer and is built under. the Castellar strect grade. The property was badly damaged. The water covered the first floor of the buiiding to a depth of three fect, ruining the carpets and furniture. The cel- lar was flooded and a well and cistern fillod with mud. Osmeror places his loss at §500 and will ry to collet that._amount from the city. Across the strect from Osmeror M Dovitoy occupied a small_two room cottage thut was completely flooded, the twater reaching the window casings. Mrs. Devitoy was cared for by neiglibors. Further down the ravine, near Martha strect, Joseph Cottrell lost a 1ot of clothing, and kitchen furniture that was stored in the. basement of his cottage, which is built upon the_edge of the ravino. Ho places his loss au §50. J. Dvorak’s house, on Williams, near Thir- toonth, was floodad and & 10t of goods dam- aged. Charles Johnson Jost an acre of potatoes near the government corral, the flood en- tiroly destroying his crop. A vacant house owned by J. Dvorak was undermined and left standing on one end. The damage to this place will amount to $200. Heury Livesey’s brickyard was flooded and all the” ires” extinguished n the various ilns. Councilman Lowry reported the breaking. of » water main on Seventh avenue, near Pierce, caused by the water getting behind the curb. On Piorce street, cast of Ninth, 175 yards of curbing was washed out and the stone pavement caved in doing great damage. Cellars _were flooded on Farnam near Twenty-eight and at Thirticth street. Tne Waterworks company received reports that there are 100 places in the city in which the compauy’s pipes: have been broken or laid bare by the tiood, placing the company under great expense to repair them, sy COMMENC ENT DAY. The Jollicst Day of All the Student's Year. The coremonics incidental to commence- ment day at Brownell hall will begin to-day with the address of Bishop Worthington to the students at Trinity cathedrai. To-mor- row there will be an exhibition of art by the juniors, with essays and music as follows: Marche Militaire, Op 51, No .Schubert Misses G. Fowler, 5. I Spring Song S rssnse st ee Db Chorus. Essay—**The Art of Conversation........ cesens Miss Louie B. Roe Piano Solo—Napolitana ....Lysberg Miss BE. Wasmer. Vocal Duet—*"Fly Away, Birdling".....Abt Misses I horpe and J. Tishue. Essay and Valedictory—"The Genius of Michael Angelo”..Miss Blanch tsuckworth Piano Solo—Impromptu, Op. 142, No, 4 ishue. “Smiling Dawn” (Jeptha). +++...Handel Chorus. Presentation of prizes and medals by the rector and vice-principal. Conferriog of diplomas by the bishop. Address by the roctor. Gloria in Excelsis, creed, collects and bene- diction by the bishop. The graduates are Miss Blanche Buck- worth, of North Platte, a:d Miss Louie Roe, of Kearney. In the evening at 8 o'clock the pupils will give their aunual musicale. as part of the commencement exercises. Following is the programme PART I, hF‘lntllslo Brilliante sur I' Opers. nhauser. Tan! Wagaer-Alberti Twi y ands. Misses C. Wasmer and M. Abbey. Barcarole. .. s rsenaans ADE Minuet I' Antique.... * _ Piano Solo. Miss . Fowler. Galop Brilliante....... ... +..Sponholtz Piano Duet, Misses J. Tishue and E. Thorpe. ““Thou Art Like Unto a Flower’, Rubinstein Vocal Solo. Miss M. Gamble. Allegro (from Grand Septuor. Op. 20). .. Beethoven Yule. een oo MoszkoWski T'wo pianos, eight huuds. Misses M. Wilcox, F. Mugenau, M. Putnam, C. Thomai Spanische Tanze....... 4 Marche Orientale. ... ...E. Kettorer Two pianos, four hands. Misses J. Tishue and A. Baker. 40, What Delight”. ; ...Gumbort Vocal Solo. Miss E. Thorpe. (a)Grandwmother tells s Ghost Story (b)Seherzino. . . Soio. Miss M. Wilcox. Sonata, Op. 14, No. 2 (Andante and Scherzo) .. +....130ethoven Piano ‘Solo. Miss J. Tishuo. “Proteat Us Through the Cominz. ...... Nigh . . . rschman Chorus. The commencement of Creighton college will take place on the 37th; those of the Deaf ead Dumb institute next Wednesday at 2 B i Bt Cathuriue's, 27ih; Sacred Heart, ith, and the high school 37th Mysterious Disapprarancs of One of Omaha's Oonstablos, Mrs. H. 1>, Horen lives at 2734 Burt street. Seven of the eight childreu of whoa she is the mother, live with her. H. P. Horen biwsell resided at the same place up to four weoks ugo. Mr. Horen was a duly ap- pointed or elected coustable, and has served 1 that capacity for some time. He did bis work faithfully and well, and, so far as was known, honestly. Yesterday afternoon a petition was sout in to the county commissioners ssking that Deonnis Lane be appointed constable for tho Eighth ward. The petition recited the fact that three wooks ago last Monday, Horen had mgnp]mnmd, and 1t was prosumed that he had left the ward and the city. A Ber reportor at once began to investic gato the cause of Mr, Horen's departure, but only found out the fact that it was thought he had left Omaha with about 8150 of the money he_had collected. The head- quarters of the departed was Justice Shaw's court, Twenty-fourth and Cuming streets, although the gentloman, in his capacity as constable, did work also for Justico Dunn and Justico Saxe, From all that could be loarned it appears that Horen had collected the sum mentioned above and with it skipped, A gentleman met him at Nebraska City 1ast woek, and asked him what he was doing there. “1 am looking for a deserter from Fort Omaba,” he roplied. “‘But your fricnas are anxious about you," ho was told. “On, no, they can't be,” heanswered, “for I telograph home once a day." Justico Shaw was seen last night. “1don’t know anything about s disap- pearauce,” he said. “Iour weoks ago Mon- dany morning, 1 sont him out for somo blanks, ‘Give me a dollar,’ ho said. I gave it to him, That's tho last I bave heard of hun, excopt from u friend of mine, who told me, yesterday, that he met him in Kansas City, and he said he was going o Oklahoma.” Mrs. Horen was scen, last night, and said she had heard nothing from him for four weeks. I do not think he has left on ac- count of being short in his coilections,” she said, ‘*for the morning he went away he paid £35 that he had collected, and if he was going to run off with what money he could ot, ho would huve taken that $35 with him, rnulund of paying it, as he did.” —— ——— EOUTH OMAHA NEWS. Hit on the Head and Injured. Saturday afternoon Patrick O'Connor. em- ployed in the killing gang in the packing houscs of Swift & Co., was struck by a fall- ing bullock and was knocked down and in- jured. The truck hook fell, striking Mr. ©'Connor on top of the head, cutting a deep and painful gash bouween' two and three inches long intoull the sk. A surgeon was called and dressed the wound. Mayor Sloane's Oall. To the citizens of South Omaha: All eiti- zens ingerested in the matter of the sufferers inthe Johnstown catastrophe are hereby in- vited and urgently roguested to attend a pub- lic meeting to be held in Rowley’s hall, Tuesday evening, June 11, at 7:30 p. m. South Omaha should not be behind the munificence of other cities in this hour of urgent need and appalling misfortune. W. G. SLoaxe, Mayor. Notes About the City. Everett E. Lyman, of the J. BE. Seykora drug force, is very ill. Children’s day at the Mothodist Episcopal churches in this oity and in Albright Sun- day morning. Under the cnergetic labors of Manager John F. Boyd, of the Union stock yards, upwards of $300 has been subscribed in this city for the Johnstown sufferers, and at the meeting to be held Tuesday evening it is hoped that sum will be doubled. Mr. ana Mrs. M. F. Blanchard have gone to Creston, Ia. The N streot sewer caved in between Twenty-fourth and Twenty-fifth streets Saturday afternoon. Nels Purington, represcnting the commis- sion house of Savage & Green, at Lincoln, is ‘back tospend Sunday with old friends. Valentine l,nflm building, on P street, be- tween Twenty-fifth and Twenty-sixih, was damaged by the rain Friday night to the ex- tent of $200. Councilman Danicl Rafferty has received a telegram from Richard Howoe, Johnstown, Pa., informing him that all wembers of the family except himself and brother, ., and sister, Mary, who were visiting at the time in South Omaha, were drownéd. Those who lost their lives were Mrs. Bridget Howeand Misses Maggie, Lizzie, Rose and Gertrude and cousin, Miss Bridget Howe. Miss Howe a cousin of Councilman Raf- ferty and I'rancis Boyle of this city. ‘Wiiliam Minounge will have a hearing be- fore Judge King Monday morning for break- ing into Heymich's saloon. Michael Ward, for stealing a pair of trousers frons I, Diamond, was tined 85 and costs, and his partner, John Carmody, was discharged. Division, No 3, A. O. H., will meet at 2 o'clock Sunday afternoon in A. O. H. hall. Bids were opened Saturday night for John Dougherty’s new building, as follows: Bumess & Parks, $1,130; McDonald & Mackey. £4,050; Daniel Dean, $3,855; J. A. Silver, $3,642; and Eggers & , 83,107, the latter receiving the contra James Dougherty received the contract for plaster- ing. Baptist church seryices will be held in the Fourth ward school building Sunday ufter- noon at 3:30 o’clock. Superintendent Edward A. Cudahy, of the Armour-Cudahy Packing company, who has been ill, has been much worse lately and is really in a dangerous condition. William McEndree, of Central City, one of the leading citizens and {:rnshuruuu mer- chants of Merrick nty, has purchased 7Z. Cuddington’s grocery store, and will com- mence business Monday morning. The board of education held a protracied session Saturday eveniog, but did no busi- ness except to agree and approve the con- tract with Eggers & Bocic for the high school building improvements, Why We Die Early. London Tid-Bits: ‘*‘You have a great country,” said an Englishman to an American. *‘1 admit it. A grand coun- try, vast in its territory and of bound- less resources, but your climate cannot compare with that™ of Englund for salu- brity.” *It can’t?” “Certainly not.” *“Why, now, our climate is one of the principal things we pride ourselves upon. We have all kinds to suit—{rigid, temperate, torrid, and each possessed of a salubriousness unequaled anywhere n creation.” **But it is averred that Americans die early.” “Dio early?” “Yes, sir,and especially your busi- ness men.”’ *And don’t you know the reason? Is it to be found in the nature of our cli- mate? No,sir. The reason Americans die early is because they know when they've got enough. Public spirited, patriotic and unselfish, they die early, sir, to make room for the rising gener- ation, + e -— How He “Bugled Zagonyi, the commander of General Fremont’s body guard, was a Hungariap refugee; and a man of most gallant spirit; not at all the man to overlook in- subordination, or the appearance of it, says the Youth’s Companion. He obeyed orders himself, and exacted obedience from others, Just before the final chnrse atSpring- field. Mo., Zagonyi directed one of the buglers, a Frenchman, to sound a signal, ‘The bugler seemingly paid no attention to the order, but darted off with Lieatenant Maythenyi. A few minutes afterward he was observed in another part of the field vivorously pur- suing'the flying infantry. When the line was formed in the city square after the engagement Zagonyi woticed the bugler,and approaching him suid: *In the midst of the battle you disobeyed mg‘urdsr. You are unworthy to he a member of the guard. 1 dismiss you,” KFor reply the bugler held up has bugle aud showed the mouth-piece shot en- tirely away. “T'he mouth was shoot off,” said he, *Ieould not bugle viz mon bugle, and 80 L bugle viz mon pisto! and uhgur." [t is unnecessary to add that the sen- tence of dismissal was withdrawa, THE COUNTY COMMISSIONERS Attorney Mahonoy's Report on the Sheriff's Office. DEPUTY AND BAILIFF FEES, The Fnance Committeo's Fladings in the Matter of County Sta- tionery—An Imports ant Sesslon, The Shemfl's Fees. The county commissioners met yesterday afternoon and received County Attorney Ma- honey's report on the sheriff's office. I shows that during 1880, 1887 and 1888 deputy shoriffs receiving aries from the county wero appointed court bailiffs by the district court, tho compensation as bailifts being 2 per day. The amounts wero $1,374 in 1898, $1,328 in 1887, and §100 in 1888, He cited sov- oral cases on the subjoot to show that the bailifts, and not the shoniff, are entitied to re- ceive foes, and the amounts so rocoived by tho bailiffs should be taken into nocount in fixing the amount of their compensation. The sheriff has received into his custody United States prisonors, Sarpy couuty pris- oners and transient prisoncrs. For this the sheriff is paid by the authorities committing them, and received during 1858 70 conts per day for United States vrisoners, $1 for Sarpy county prisoners, and §1 for transient prisoners, The county board has charged us rent of jail, cost of guard, ete., for United States prisonors, since August 15, 35 cents & day; prior to that time, 20 cents cents per day for Surpy and trans prior to August 15; 50 conts since that time. This makes the following: < s prisoncrs prior te August 15, 1838, §1,063; koeping United States prisonars from August 16 to Decem- ber 31, §142.80; keeping Sarpy county pris- oners prior to August 15, $442; Sarpy county prisouners after August $184.00; Keeping transit prisoners ©w August 15, keeping transit after August 15,80.90. ’l‘):ls m,g( . 'firml nllllx\rlmd by the board against the sherift for keeping foreign pris- oners of $1,902.50. “The county has the rightto charge such amount for the jail as will be a fair propor- tion of costs occasioned to the county by re- ceiving such additional prisoners, During 1888 the sherif’s claim for city prisoners amounted to §1,001.85, and for committing thom, $193. It was a_gquestion whether or not the county should pay for city prisoners. “It seems cloar,” the ro- rt, “that the legislature did not w mpose upon the county the burden of ing prisoners committed under oity nance in cities of the metropolitan class, and it would bo manifestly unjust that the oil should receive the bencfit of all fines col- lected under the city ordinances, whilo the county should be called on to bear the bur- den of such prisoners as arc unable to pay the fines imvosed.” The question of fees uncoliected by the sheriff was discussod. The report returned the sheriff’s olaim for conveying insane persons to the hosplil The statute provides that the sheriff shall be allowed for personal services $8 . His bill is on the heory that he is en to the same pay for conveying patients to sn asylum as is allowed for conveying conviots to the state prison. The report concludes that “it 18 therefore my opinion thut in passing upon this bill, 8o much of it as consists of mileage allowed to assistants should be deducted, and the time trn:;nllng oxpenses of such assistants be i aid. The report was referrod to the finamos committes. P A petition for mmmritt' to resecord & piece of property from St. Philomenas to J Windsor and Joun C. Cubb, wus reforred to the county autorney, to ascertain if the county had to go to the expense of re-record- ing decds in which errors had been made in the original filing. =" ‘The finance committee, to whom was re- ferred the report of the stationery inves- tigating committoe, reported that on the item of pens they found charged during !stg* 180 gross of pens amounting to $213.18, this number, but seventy-thrce gross have been accounted for, leaving 107 gross unac- counted for. The following overcharges were reported: Con- Over- Gross tract charged 3 Egyptian pens S50 $ 5§28 1 Egyptian pens. 7 3 12 Incandescent pen... 2. 1.50 15 Incandescent pens.. 2. 1. 18 Beyptian pens. 6 gy ptian pens. . . 2 Iigyptiun pens. 3 Bgyptian pen: 6 zyptain pen: 12 Incandescent pents. k3 6. Ou the matter of rebinding books, which amounted to §377.95, the report said that such is regarded as 33 por cent excossive, or $115.48. In the matter of stecl erasures, but thirty- eight ars accounted for and 120 not accounted for. The canvas covers cost £248, which, the report says, is an overcharge of $93.95, or 75§ per cent. ‘The following items need explanation : 1100 assossment sheets, realty $ 83.00 150 scrateh pads. ... 28, 21 porsonal assessment hooks. 500 sheots, assessment boolks. 1100 sheets, assessment, realty . 1630 sheets, assessment, realty........ ‘Thirty-four orders secmed to altered after being signcd by the county commissioners, and twenty orders for sta. tionery have not the signature of any com- missioner. “The report was referred to the county ate torney. Commussioner O'Keeffe offered the follow- ing resolution: Resolved, ThatJ, F. Coots, the superin- tendent of the county hospital, be iustructed to thoroughly and carefully examine all the plan, details or working drawings for all ex- terior and interior work for the Douglas county hospital, as furnished by E. B, - ers & Son, architects, .and report to board before June 15 the result of his exam. ination, and shall point out all imperfections and errors in any of the si limensions, igns or specifications, providing any such akes oxist. The resolution was adopted. It was resolved, on motion of Commis- sioner O'Keeffe, the county pay $5,(00 for rading each of thoe following streets, this elug upon the city’s portion, viz: Thur- teenth, fiom Vinton street to south line of , and Thirty-second uvenue from Jid Creighton avenue o the south line of the city limits, Hinch & Co.'s application for the renewal of the lease of the brick yard on the poor farm was granted. A communication was received from the the contractors of tho new counly hospital. It was iargely n ‘‘ronst” on Mr. Coots, sie perintendent of eonstruction. The commu- cation allezes that Mr. Coats’ roport was uns fair, and made for some ulterior purpose, It further states that the superintendent has ordered chiinges and. made purchases, that unless the contractors are aliowed to do the work themsoves, they want the mutter off their hands. ‘The report wus referred to the construe- tion committee, and board adjourned until Tuesdny. e AMUSEMENTS, ‘The Johnstown benefit performance gives 1ast night by Omaba's “Ouce & Weck” dra- matic company, at the Grand opers housa, was uot nearly as largely attended as the occasion demanded, uor as the attraction de- sorved. While this organization is composed entirely of local talont its members bave considorable dramatic ability, and thoy pre- sented ‘*Among the Breakers” in good shape, The cast has already been prioted in these columns, therefore need not be repested bere. All the members of it acquitted them- selves most creditably. It may bo said that Mrs. Louis Baor surprised nrnryh:l with the clever way in whfuh she uln'nl of Bess Starbright. Before perforwance opened a short sveclaliy business, in which Julius IPestner and Miss Aloxandris Kameay pearad, was given. Mr. MucMahon a c\ou;;h x’i‘ifi-’f-’"““‘f&a of Irving. Miss oy Tecliod & posm 4 priate to the _occasion, and Mr. formed vn his favorite insin zither, The eutertainment thrms greatly sujoyed.

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