Omaha Daily Bee Newspaper, April 26, 1891, Page 6

THE OMAHA DAILY BEE: SUNDAY. APRIL 26. 1801-TWEN Y PAGES. THE OMAHA BEE. UOUNCIL BLUFFS. OFFICE: No. J2 PEARL STREET. Delivered by Carrier in any part of the City. H. W. TILTON - - - MANAGER. N. Y. P. Co, Councll Bluffs Lumber Co., coal Craft's chattel lonns, 204 Sapp block Leal Rock Springs conl. Thatcner, 16 Main. If you want water in your yard or house g0 1o Bixby's, 202 Merriam block. Heaty Hensing and Dora Clover, both of married IPriday afterncon by Omaha, were Justice Cones. Mr. and Mrs. Perkins will hold a spiritual- istic meeting M the Grand Army of the Re- public hall this evening The Woman's Christian association t Monday, April 27, at 3 p. m. at the of Mrs. 1t. M. Osborne, 620 First av will 5 Prof. Chambers will take charge of th dance programme at the Unity Guild May arty, in Hughes hall, Iridiy evening, May &, Seventy cases have been superior court for the May term, This is one or the largest griste that las ever been tiled for any term, and there are no whisky suits Mamie, five-month-old daughter of John Bro, dicd yesterduy of pneumonin. The funeral will tuke place tuis afternoon at 4 :30 o'e k from the residence, 2316 South Sixth st In the Seamons div 3 which was rendered yesterday refused the plaintifi’s potition, and awarded the divorce and custody of the minor child of the partivs to Dr. Seamons. The choir of St. Xavier's Catholic church 15 at work on a operctta by H. 1 Danks, en titled **Zanie.” It will be per ned during the latter part of May. The music is of a very taking character. Judge Smith beld a session of distriet court commenced in so case, the doc yesterduy morning in the library room to try the divorce case of Lizie Long against Johi Long. The case was submitted to the court and taken under advisement. Albert O., son of Frank Peterson, died yesterday morning of lung fever, aged ten months. The funeral will take place this afternoon from the residence at 2 o'clock. In terment in Walnut Hill cemetery. Attention, Independent Order of Oddf lows—-All members of Council siuffs lodgze, No. 49, are requested to mect at the hall this evening at 7 o'clock to attend serv the Trinity Methodist church. Members of other lodges und visiting brethren iuvited to attend John Lenehau is confined to his home by an accident which he suffercd Friday night. He was walking down Pearl street, when he stepped on a rusty nail, which penctrated his shoo and entered his foot for over an i Ho was compelled to call & phiysician late the evening, Another initiation was held in the Scottish Rite hall last evening by the Commercial Pil grims, and forty-live new candidates were initinfed into the order. The lodge is con- stantly growing, aud from the present out- 1ook it will not be long until_every traveling man in Council Bluffs will be enrolled in its membership, A uumber of music lovers were enterta at'a musicale last evening at th Henry Robinson on Broadway, the famoas violinist, and pianoist, both of Omaha, were tractions of the evening. The music was ex- quisitely rendered, and all who were preseut were déhghted. The veteran firemen will give a ball in the Masonic Temple next Friday evening, May 1. One of the atiractivo featuras of tho o residence of Hans Albert, Herr Gahm, the the main at- ovening will bo the May pole dauce. A wreath willbe voted to’ the most popular young lady, who shall be crowned Muy queen. The Veteran Firemen’s nssociadion has beon organized for two years, and during that time hus spent over 00 in caring for the sick and_burying the dead of those who beloned to the fire department in the day whien it was a volunteer affair. J. W. Gittiugs was looking for a motorman 1ast F'riaay evening, with alarge quantity of warm, red blood in his eyo. A little girl of Gittings’ narrowly escaped being run over by a train at the foot of Ridge street, at the same spot where a little boy was killed last winter. The motorman called back to the father, who was standing not far off, that if he 0idn’t keen his d— young onos out of the way some of them winld get kitled.” This sort of an apology did not exactly suit Mr. Gittings, and he gave it out cold that if he could catch bim he would pulverize him. Fortunutely for the motorman, Gittings couid not find out who he was, so that he still has his scalp. The Boston Store, Council Bluffs, will close hereafter at 6 o'clock Tuesdays, Wednesdays, Thursdays and Friday evenings. Mondays ¥ o'clock, Saturdays 10 o'clock, Boston Store, Council Bluffs, Fotheringhum, Whitelaw & Co. The Catholic Mutual Benefit association will givo another grand ball at Hughes hall, corner of Broadway aud Park avenue, ‘Tues' ovening, April' 2. A grand time is au ated by all who attend. Good music in attendance, i Furnished rooms for rent, sightly located and convenient to center of the city. Address A, Bee oftice, Newest stylos in furniture and cavpets; best cooking stoves in the world at Mandel & Klein's installment house, 520 Broadway. Do you want an express wagon or boy! Ring up the A. D, T. Co,, telephone 179, No. 11 North Main str PERSONAL PARAGRAPHS, A. A. Clark is in Chicago, Mrs. W. B. Fisher lefv yesterday morning for Atlantic, where she will visit friends. L. Bleaerman leaves today for Creston, where he will deliver an address tomorrow at an anniversary of the Odd Fellows, Mrs. Julia Desmond and_daughter, Kittio, of Dubuque are the guests of . A. Farrell and family. They leave today for Denver. J. W. Templeton of Garner township re- turned yesterday from Chicago, where ho attended the funeral of his mother, who died at the ace of one hundred and one years. The Boston Store, Council Bluffs, will close hereafter at 6 o'clock Tuesdays, Wednesdays, Thurscuys and Friday evenings. Mondays 9 o'clock, Saturdays 10 o’clock. Boston Stor Council Blutts, Fotheringham, Whitelaw Co. AaEsl Drs. Woodbury, dentists, 3) Pearl street, next to Grand hotet lophone 145, High grade work a specialty. When about to build don’t fail to get pr on lumber of The Judd & Wells Co, Broadway. Telephione 2 Max Bouticius, having associated himself with the Council Bluffs Music Co., desires to thank the public for the patronage in the past and_bespeaks its mood will for the future. He will be pleased to wait upon his old friends, as well us new ones, at tho Cou cil Bluffs Music Co.’s place of business, Broadw: e Arbor I ay Amng the Mutes, Arbor day was celebrated at the Deaf and Dumb institute on Friday. The pupils were glven u holiday. In the afternoon appropri- ate exercises wero held in the chapel, Prof, G. L. Wyckoff delivering a lecture to the school. At the close of the exercisesthe teachers filed out at the head of the respec- tive classes and wended their way to the grounds in frontof the building where they proceeded to set out about one hundred apple trees. Great iuterestwas taken in the work by the pupils. The Boston Store, Council Bluffs, will close hereafter at 6 o'clock Tuesdays, Wednosdays, Thursdays und Friday evenings. Mondays 9 oclock, Saturdays 10 o'clock. Boston Store, Council Bluffs, Fotheringham, White- law & Co. It is to your interest to consult Mandel & Klein before you buy your furuiture, carpets or stoves, Secd oats, corn, mitlet and seed potatoes, arden seods of all kinds, at H. L. Carman's, Main aud 501 Pearl streets, NEWS FROM COUNCLL BLUFES. Referee Ross Completely Vindicated from Imputations of Prejudice. NO SURPRISE OVER THE CASE'S OUTCOME started from a Misunderstanding and ded in o ull Exo eration of the Accused—What the Judge Suid. Referce Itoss, who has had kis soul sorely tried for a few days past, got balm and solace yesterday. Judge Deemer rendeved a de- cision that the charge of prejudice was not sustained, thus exonerating Mr. Ross fully. “The decision is no surprise. Mr. Ross has lived here so many years and bas such a firmly established reputation for integrity that no one would have the hardilood to charge him with being maliciously or know- ingly partiul in his action as referce. Even those who sought to have the case taken from him, simply claim that circumstances rather than volition were causing him to be preju- diced in favor of tho Kvans Brothers. Mr. Ross fraunkly admitted having been an attor ney for 1. J. KEvans, but that wentleman is not oue of the defendants in this case. As to Mr. J. F. ans, Mr. Ross denios emphatically that he had been his attorney or on such intimate terms as to warrant auy intimation that be was lia- ble to be prejudiced 1u rendering his decision Judge Deemer stated that there were three grounds upon which the modification of the order was asked, One of them was that an un- duc intimacy had sprung up between the referc and the family of one of the defendants; another was, that the referce bad been retained as atforney by the de. fendants. Both of these charges were wholly unsustained by proof. The third ground claimed by the plaintiffs was that the refe had been retained as attorney by T. J. Evans, the brother of one of the defend This was admitted by the referee, but was, in the opinion of the cour?, immaterial. He thought at there was proof of incompotency, and therefore overruled the motion for the modi fication For widow shades, curtain poles, la us chenille curtains, brass rods, « silks, wall paper, try the Boston Stc Council Bluffs, - Gt their prices before pur © cur. ing elsewtire, Boston Store, Council Bluffs, la, Tee! dce! le If you want it pure and n Aud at a reasonable pr Follow no new dev ice. But send to us in a tr At our off Mulholland & Co., No. 4 Pear! st., "Tel. 162, Trees, all kinds, guaranteed to grow, prices cheap, at Mairs', Broadway, opposite postof- fice. No Scab or Non-Union Goods, That which serves the interest of the la- boring mai, the mectanic, the ul sinew of the country, and toaay the active and aggressive creative braiu of the world, is that which directs the swing of the and the whirr of the wheel, serves also the interest of the merchant. There are no two bone classes where the bond of sympathy is stronger or more directly con nected. Kealizing this fact and con scious of the additional fact that the pros- perity of the merchant vests uponi the pros- penty of the great army of toilers, we desire to assure every man in Council Bluffs, Omaha and vicinity that we have not in any manner, directly or indivectly aidedt he em- ployers who have sought to reduce the earn- ings of their workinen ; that we have not in our store a single article made by non-union It is true that we aken advantage of the necessity that for upon the market a large stock of clothing owned by the Rochester manufacturers whose demands induced the great strike of tho cutters, but not a single garment of the pur- chase we made was made by scabs or non- union men. We purchascd 1he goods ava heavy discount after they were thrown unon the market by the manufacturers who were nearly driven to the wall and who were com- pelled to_ resort to forced sales to obtain woney to keep their heads above the tide. This purchase was more iv the interest ot the workingmen than the manufacturers, for it enable us toseli the workingwan as good a suit of clothes as can be made at more than 5 per cent below the regular cost. We regret that some of the gentlemen who constitute the labor assemblics in this city have misunderstood us, and we take this means of stating positively what our posi- tion is. We are uot manufacturers, only purchasors on the open market. We w ank the labor assemblies of Council Blufls ¢, through their ofticers, or members, will give us any pointers that will enuble us to further proteet our own interests as well as theirs, and if they can find any scab goods in our store that our buyers have pickea out we will refuse them and hold them here sub- ject to tho order of the houses that sent them. AN IMFORTANT TELEGRANM. Feeling confident that we wero in the ight, but still desirous of ascertaining if it were possible for us to have any of the ob- noxious *'scab” goods in our stock, we wired the greatest manufacturing house in Roches- ter yesterday noon and received this prompt roply, which we _respectiully submit to the afiembers of the Knights of Labor in this city and Omaha: Rocuesrer, N, Y., April 25, p. m.—To Juck Goldstein, Model Clothing (Touse, Coun ©il Bluffs: AllTabor troubles sttied (ong Boycott has been removed six weeks o Continue to sluughter goods. Have wnoth suap for you. Publish this, MooRE & B ‘The dispateh was received hereat 4:10 ye: terday afternoon. Thauking the public and the workingmen who have given us such hearty encourage ment inour efforts to establish a first-class metropolitan clothine store here, where east- ern prices will prevail, we are, with great respect to all, yours, Tk Mober, CLotming Co,, A. H. Goldstein & Co., Props,, New Sapp block, Couneil Bluffs, Ia, rip and the Dea'h Rate. tashrewd Yankeo has solved the problem, and its simplicity is wonderful. It 18 nothing more or less than_a regular sized gasoline stove that lights like gas without smoke. Take a little chlovide of sodium, heat dry aud inhale vapor. If you do this regularly during the summer and buy one of Cole & Cole's ice saving refrigators you are liable to escape the grip. Giet the stove anyhow, or you will die of the grip if your wife's neighbor has one, For RENT—A new f-room residence on Broudway, corner of Sixteenth street; also a ll-room residence on North Scott strect Both houses are conveniently arranged and beautifully located, co and just suited for Ow venieut to motor lines ha business men, J. C. DEHAVEN. e Snugart & Co. carry largest stock of bulk lold, gurden und flower seeds in tho west Catalogue and samples by mail 1ruit farm for sale on reasonable within one and one-half miles of the P. 0. all i bearing; good buildings; possessi given at ouce. Callou D, J. Hutehinson Co., 017 Broadway. terms; Storage at reasonable rates, J. R. Snyder 24, 26 Pear! streot, Council Biuffs, Freight for 150 miles prepaid on all goods bought of Mundel & Klein, 320 Broudway. A West End Blaze. Friday night the house of Elijab Shubert, at 204 Pacific avenue, was on fire, and it took nearly an hour for it to be extinguished, from the faot that the hose could not stavd the pressure and bursted scveral times, The water at lust proved the master, however, but not until the house and all its contents were badly damage. The fire originatea from the explosion of an oil lamp. The dam- age will amount to about §800. A bad accident was narrowly averted in connection with the fire. Oficer Peterson turned in the alarm at the corner of Broad- wap and Twenty-third street, and then ran up 1o the coruer of Twenty-first street 1o stop L the fire department when it should come down. It was dark, and the man who was driving the hose cart did not see him. In jumping out of the way of the hoso cart he camo dirootiy in the path of the large hook and ladder truck, One of the horses struck him, and he fell down, tho whoels of the wagon passing over his body. He was badly brulsed, but otherwise his injuries did not prove serious. —— Assisting the Locked Out. At a recent moeting of Local Assembly No. 1800, Knights of Labor, of Council Bluffs, the following resolutions’ ~ waro unanimously adopted : Whereas, The clothing manufacturers of Rochester have formed in a combine, con- spired togother and locked out the clothing cutters in their employ, claiming no other grievance than that of their belonging to a labor organization; and, Whereas, The clothing manufacturers have dared to deny their cutters the rights of American citizens - the rignt to belong to a lawful organization; therefore, be 1t Resolved, That the representatives of or- ganized labor of Council Cluffs and vicinity emphatically protest against the action of the clothing manufactures of Rochester in de- priving their employes of their liberties ; and be it further Resolved, Rochester made clothing nor patronize any retail clothing dealer handling the same, and we recommend to ail liberty loving eiti- zens that they do the same, Resolved, That we pledie our hearty sup- port to all retail clothing dealers in Council Biuffs who will withhold further patronage from the Rochester combination of ready- de clothing until the combine will concede to its employes the sume rights which they enjoy as employers—the right to belong to o lawful organization Resolvea, That these resolutions be pub- hat we will not purchase any dy lisyed in the city papers of Council Bluffs. Hexiy Nurr, J. A, STEFFEN T Committee on Public Don’t fail to attend the grand opening dis- play of spring and summer goods at the Bos. ton store, Council Bluffs, Ia., Fotheringham Whitelaw & Co., Monday e ing, April 27 Doors open from 7 to 9 o'clock, Everybody welcome, Judgments Again.t Bisemans Judgments were given in superior court yesterday afternoon in the following ¢ against H. Eiseman & Co.: Van Dyke Knit- ting Works, £10.50; Green, Joyce & Co., £27050; Gwernard Bros,, 81,122.47; David Alder & Sons, ®63; Steiner, Kahn & Co,, #50; Kaye & Einstein, $%4; Young & Kutherford, $53.80; A. Ellinger & Co, 21,400.25: Werzburger, Goldsmith & Co.. S1001; Weisell Brothers &51.50: Wright Brothers & Co,, 2 John Pullman Co., 226: J. Blanrock, $i95; Simmons, Micho & Co., #1:M45; L. Heilprin & Co. £1,002; Young, Smithfield & Co., $1,8 Mills & Gibbs, $4,419, James McCreary 16: L. Koch & Co., Arnold, able & Co,, $4,837.57; Bricknel Woolen mills company, #32.85; Oppenheimer, Col- lins & Co., 2005.50: Switzer & Schussel, £203.95; R. Blankenburg & A. . Burkbart & Co., ©oods company, £212,80 £00; Carter & Co., £0.41, Don't fail to attend the grand opening dis- play of spring and summer goods at the Bos- ton store, Council_Bluffs, Ia., Fotheringham, Whiteluw & Co., Monday _evening, April 2 Doors open from 7 to 8 o'clock. Everybody welcome, Co., &31.02; .05 Lamb knit Dryfus & Co., Try Duquette & Co.’s Pomoua fruit juice tabléts. They are delicious. J.C» Bixvy, steam ueating, sanitary en- cer, 202 Morriam block, Death at st Bel George Kimball died yesterday morning at St. Bernard's hospital of apoplexy, caused by an attack of la grippe, at the age of sixty-five Jouncil Bluirs i's. vears. The deceased has been a resident of Council Bluffs for many yea He was a follower of Potter Christ, whose life and doings have become a part of the early i tory of Pottawattamie county, When Potter Chiist tried to make his great ascension from the top of the court house, Kimball was with him. When he died, Kinbail was one of the chief mourner In 1885 be was found to bo insane, and con- fined in the asylum at Davenport. From there he was taken to Mount Pleasant and afterwards to Clarinda, where he stayed until last February, when he was brought to Couuncil Bluffs and placed in confinement in St. Bernard’s hospital. "he funeral will take place this morning from the undertaking estublishment of Lunkiey & Porter, A grand ball will & Mutual Benefit as corner of Broadway and Park avenue, day evenivg, April2s, The Chicago Times, Tribune arrive in Council Bluffs 5:10 p. m. on publication, and are delivered at once parts of the city by swift and careful carriers at only 20 cents a week, incu the 1 moth Sunday issued. The Saturday or day issue alone b cents each. agent, postoffice box 164, District Ccurt News, Judge Deemer Friday night heard the suit brought by Mrs. Ellen Boyle for the purpose of preventing the motor company from build- and Herald un- . R. Nugent, ing the road past hier house till she was paid the damages which she claimed. Yesterduy was taken up with the trial of saloon injunction cases, The cases against € Liebold and Jacob Neumayer were tried and submitted. A decree was granted against Blla Price. In the case of Surah J Hunt against Hat- tie J. Berger et ara detault was taken as to the defeadant, Hattie J. Berger, and a writ of foreclosure was granted as prayed, Don't fail to attend tie grand opening di play of spring and summer goods at the Bos- ton store, Council Bluffs, la., Fotneringham, Whitelaw & Co., Monday evening, Aprl 27, Doors open from Iverybody welcome. Mair has ali sorts of fruit, shade and orna- mental trees, B'way, opposite postoftice. Everything in house furnishi & Kleiit's on easy payments. Dumped from a Wagon. Friday night Mr. Hillard Cornellson was driving out to his home in Pony Creek, accompanicd by two ladies, When they had arrived at Eighteenth avenue and Tostevin street the team took fright at a passing bicyele and sbied, overturning the wagon and dumping the occupants out in a heap on tho ground. Oue of the ladies was knocked senseless, and had to be taken to the house of Ofticer Peterson, where she was cared for until moruing, when she went home, Dr, Thowas, who attended her, states that she will not be out for a week. “The Fairmount be cigar at the g at Mandel 20 Broudway. “ountain, For rent, to family without children, good 4 room house, No. 220 South 1st street. A Blufrs Musician, Miss Julia Officer, who is studying music ago, uppeared in a recital on the 17th, together with B. B Young and Mme. Muzzu- cato Young of Omaha. Miss Ofticer played twosolos entitied *Lieberstraum,” by Lisat, aud “Mazurka,” by Leschetizky, and received many words of commendution” for the brill- iant wanver iu which they were rendered. For Sale—Two hundred tons of baled hay. Inquire of Ben Marks. e Manael & Kiein sell furniture, carpets and stoves on easy payments. 320 Broadway. Lace curtains cleaned from 3¢ to $1.: pair, at Twin City dye works. Ball Game Today. There will be a ball game this afternoon at the driving park between the N. B, Fal- coners of Omaha and the Models of this city. Motors will run to the prand stand ever fifteen minutes, and the game will be called at 3 o'clock. The grounds are in first-cluss condition, and & good game may be expected. 5 per ¥ell Down Cellar. Mrs, W. W. dilger, with her three-year- old son, Ted, were calling on Mrs, J. Tip- ton Friday, While there the youngster fell down & cellar way, A screaw was the first intimation that anythiog was wrong, and when Mrs, Bilger fuvestigated she found her voung hopeful Iving on the ground at the senseloss, Ho re- state for several bottom of the cellarway mained in an unconse hours, SAavw PR — RD CASE PUSTPONED. Voluming Brie’s Filed by Counsel on Both Sides. WASHINGTON, April 25.—The supreme court has postponed the hearing in the Sayward and lottery cases until October 19, The gov- ernment and counsel representing the British goverament were prepared to go on with the Sayward case, wvolving jurisdiction over the Behring sea, but the continued illness of Justice Bradley causes the court to order a postponement, a full bench being desired to heara case of so much importance. The briefs of both sides are very voluminous. They may be divided into two parts—first, the legal argument involving the right to bring the case before the court in the rather unusual form of a writ of prohibition, and, second, a politico-legal argument, in- volving the relations between departments of the government. In the brief of the govern- ment it is maintained that a writ will not under the law issue unless want of jurisdic- tion is shown on the face of the proceedings by which forfeiture was decreed us libel. It mamtained that even if the United States lfas not control over the waters more than three miles from the shore the conclusion must necessarily be drawn that the court found ac- cording to what was the jurisdiction ot the United States, whatever that jurisdiction may be, umerous authorities are cited in support ot the denial of the claim of counsel for the British government that the supreme court has a right to go beyond the face of the returns and determine whether or not the court actually aud rightly had juvisdiction to try the offerse. The point is made that though the Alaska court is subject to prohibition, it is not when sitting in ad- mirulty an inferior court in a technical sense, but a superior court whose decrees are en- titled to every presumption favorable to its jurisdiction, Counsel for Great Britain held that no vight of appeal lay from the Alaska court to the supreme court in admiralty cases and that therefore the latter court should exer- cise more extended jurisdiction in prohibi- tion after sentence than if the purty had other remedy, his matter turned upon the mean- ing of the words “in other cases,"” as used in the Alaska court, and it 1s maintained that it is much too parrow a v to hold that by these words the supreme court is excluded from the power of review and that it was really intended by these words to give the supreme court the same power of review thatit had over all other lower courts. Counsel for the United States then con- tended that these things being true and tnc Alaska court having jurisdiction over tho of- ffense alleged, and jurisdiction over the claim ant by veason of his voluntary appearanco in court, it follows that the finding of the court that seal killing was committed within the jurisdiction of the United States is con- clusive and canuot be impeached. A great number of autborities are then cited as es. tablishing the doctrine that the finging of the Alaska court on the matter of fuct jurisdic tion wus conclusive and that the petltion for prohibition must, therefore, be dismissed. the supreme court having, it isasserted, no power in collateral proceeding to re-try and roview the evidence. As to the seizure of a vessel on the high seas, it is contended that any objections based on illegal seiz- ure were waived, and, furthermore, that even if th e W L a munic ipal law having been violated, the court, when it found the vessel owner in its jur diction, had nothing to do with_how he came law. *Counsel did not admit that seizure on the high seas was unlawful and cite from the court decisions as_estublishing con- clusively the right of the United States to scize vessels on the high scas for offcuses committed in places over which this govern- ment has jurisdiction. This brings the argament down to the po- pect of the case, and it is contended supported by citations from numerous decisions, that the territorial jurisdiction of the United States is a political question, from the consideration of which the court is stopped by the action of the executive and of congress in deciding that the United States has jurisdiction over waters wh the ayward was seized. Tho decision. of Justice Storey iu the Suffolk insurance case, counscl suy, defeats the claim of ' the peti tioner that the executive hus no power in himself without legislation to decide the question of sovereignty. The existence of such power is made obvious, moreover, by the act under which the scizuros wi dered, which directed the president to s oll vessels taking seal in the water of tne Behring sea. How is the president to oxecute this congress if he does not determine nimsell what waters of the Behring sea within the dominion of the United Stat Could_ congress have made plainer its wish that he should decide’ Counsel say t numerous seizures attest thie fact that th exceutive has decided that the United States has jurisdiction over the Behring sca and voluininous correspondence between the British and Ametican governments is quoted from us establishing this beyond all doubt. Messrs. Choate and Carlisle, in opening their case, tay down the position of th British government broadly that on the nigh seas a seizare and condemnation by a distriet court for an_offense committed wauy miles from land are wholly unwarranted by the law of nations, while with cqual confidence it is submitted that no law ov treaty ot the Uaited States warrants such seizure and condemnation, and that the district court of Alaska never had Jurisdiction of the vessel orits alleged offense, Counsel maintain thav the power of the su- preme court to grant a writ of prohivition cannot be questioned. The claim of the United States that seals might have been killed within three miles of laud is declared “mere riotous imagination,” the record di closing that the Sayward was never nearer than ten miles to skore. The strictly legal argument that the supreme court is bound not to go behind the record of the Alaska court is attacked, it being maiutained that the supreme court cannot be prevented from thoroughly examining the correctness of the decision. Coming down to the ri States over the that the Russian command of for ts of the United Boliring sea, it is asserted treaty of cession does not purport to convey any dominion in the wat- ers of the Behring sea, and if any dominion over the waters passed. it must hive heen as an incident or appurtenant to the transfer of land under the law of nations, the established rule of which limits territorial waters to three miles from shore. Counsel say it is not necessary to take the ground that it is the duty of the court to release the seized vessel, notwithstanding the explicit declara tion directing selzure on the high seas are subject only to 'the jurisdiction of the flag they fly. It is admitted that congress and the exceutive might by co-joint action have aetermined the extent of the domin- jon of the’United States over the Behring sea, but it is in sisted that they 'have not sworn to do 50, nor to make provision by which executive is to determine the question, and under the constitawion it thorefore devoly upon the court. “The right of the executiv todeal with persous and property can never, it is maintained, be a political question, and any so-called legishative construction of an act of congress must always be subject to judicial determination In conclusion counsel denies that the juaic- 1al power of the United States oxtends to the the trial and condemnation of a British vessel wrongfully seized in time of peace on the high seas; denies that the foreible bringing into the limits of a district court of such ve sel can enlarge or extend the judicial power of the United States. The judicial power of the United States as an independent nation is limited by the law of nat To keep the beard from turning gray, and thus provent the appearance of nges, use Buckingham's dye for the whiskers, the best dye made. ST s See Potter & George Co.’s ad. page 17, Feels Damaged. Lars Soderberg has sucd the Omaha gas company and asks for $10,000, claiming that August 4, 1890, he was caught 1n & cave-in waile working in a diteh that the company was aigging, His sboulder was broken, aud as a result ho avers that ho has been crippled for life, He makes another charge, saging that Octover 4, 1800, his physician, J. O. Jones, through fraud, induced him to_sfgn & docurnent releasing the gas company frowm all damages. ——— SOUTH OMAHA'S LICENSE. Animated Discussion of the Question of Advertiing. The city council met last night to dispose of the license applications and protests, B. W. Simoral simply stated the position of Tue Ber, the requirements of the law and the duty of the council, Mr. Rosewater stated that the present law was enacted in 1881, which required publica tion of license notices in the paper having the largest circulation in the county, and during all theso ten long years Tie Bre's right has never been contested till this year, whon in un underhand method twenty-five or thirt out of two hundred and forty or two hund and fifty were obtained. Then when ed Tue Brx was compelled to snow its hand, it had some two thousand more circulation than the World-Herald. The World-Herald is like a contesting political o gation—if you won't let me in tarow the other fellow out. The cheek of the World- Herald is equal to its undertaking in this matter, when it comes in with a resolution statiug what the council shall do. This is protty cool, T assure you. Some ono suyeests 1o kiss und make up, but we simply want our rights and there will be no kissing and em- bracing till justice be_meted us at your hands. Tbe rights Tie Bee have been maiu- tained before the Omaha police commission and ik Bee now publishes all iicense applications in Omaha Tur, Bre under the federal publication in tne paper local cireulation could ot be attacked even by a democratic administration, nor nad a democratic postmaster general authority to giveitto another paper. [n closing Mr. Rosewater wanted an expression of what the council would regard as a ¢ ion and what periods of time it shouid Henry Martin, a resident of n South Omaha, was c d and testi- we received before he published, a notice from T Bre giving Tie Bee's elr culation and the requirements of the law. o published bis notice in the World-Herald, Did not receive a notice of circulation Councilman Rowley wanted to understund if Mr. Martin required a stepfather? Also got a notice from the World-Herald before having advertised. That notice stated that the council having failed to designate a r to advertise license notices in, 1 was at liverty to sclect for myself, and 'that the World-Herald had the largest cireulation Mr. Rosewater, the witness, stated vand president Ber publishing company. are several editions of T morning, evening, Sunday’ and The bona fide cireulation of T i Douglas county 1 February was 11,406 and in March 11,24 On cross examination Mr. Rosey not know what editions the notices w vertised in, In reply toan sinuating question about the loss of civeulation the witness reminded the examiner that as the question was_im pertinent, it was toneof bis business. When the question whether the cireulation of T Ber had not_declined during the first ten months of 1390, M. Simeral interposed the objection that 1t had nothing to do- with the case, The question is simply what was the culation at the time or immediately befor the notices were being published. In answer to questions Mr. Rosewater wed from a statement in hand that the circulution of Tk EVENING BEE b from 0,317 in January, 1580, to 11,1 cember of the same vear. ‘The witness did s for The right of laws requiring having the largest over nd saloon- next that he was editor of Tur: B ater did re ad- not know what edition the license notice were published in. These statements arc made by employes in whom he had conti- dence, A letter from Postmaster T. S. Clarkson of Omalia was read and offercd in evidene showing that uuder similar provisions of th national law all advertisements of letters were made in Tur Bee, The mayor ruied the letters out, Henry Martin was recalled and stated that he published his notice twice in the World- Herald, the first time during the first weel in Apzil. Mr. Hiteheock of the World-Herald read E. O. Muyfield’s afidavit of the circulations in South Omaha, the afidavit of William H. Dox of the cirenlation of the World-terald, of Frank Trumball and William Warren of new subscribers obtained, some of which were subseribers of Tue Bee. A certified copy of the uction ot the Omaha licen board was then read. On belag sworn Mr. Hiteheock thought tho mornng eirculation of the World-Herald was_about three thousand und the evening edition about seven thousand, but didn’t know whether it included other’ than paid or bona fide sobscribers. “We give sample copies to canvassers, but do not kuow how many." On being shown a paper of April 1], 151, with a notice reading, *This is_the last day on which the World-Ferald will be delivered free of charge,” and veing asked bow many such copies were thrown around, the witness could not tell, intimating that was the duty of the busiucss manager. License notices were published in both morning and evening editious. Mr. Losewater, on_being placed on the stand, showed that Tue Bee civculation had incredsed 1,100 lately, and several hundred more would be added Monday next. “And these are all paid for. I havesome regurd for a man who pays for his paper and not much for the man who wants to give it away and force it on people besides.” M Rosewater showed that not only had the po- lice commission ruled that all liconse notices after January 20 last, must be published in Tuz: Brg, but the clerk stated thit not a siu- gle license had been granted since that time, the notice of application of which had not been published in Tie Br After a ten minutos' argument on each side the council adjourned to meet Wednesday evening to dispose of the other contests. Fellin a Cellar, A young child aged two years, son of Mr. and Mrs. Patrick MeMahon, Twentieth and N streets, fell from the ground floor to the cellar, a distance of some ten teet, The child fell face downward and received terrible bruises and cuts all over the face. A sur- geon sewed up the cuts and dressed the wounds. Loided with Cofree. John Peterson and nineteen bags of coffee were navigated into the police station yes- terday to answer as suspicious characters, UNITED STA1 JURORS. es of the Good M te day Afternoon. Scipio Dundy, clerk of the United States district court. drew the names of the men who will serve on the grand and petit juries during the next term of court, which begins on May 11. Following tho Nani Drawn Yes- are s that were drawn for the erand jury R B. Graham, Lincoln; H. A. Homan, Omaha; Lorin Clark, Albion: B. R. Cowdery, Columbus: A. D. Buckworth, North Platté; D. C. Howard, Kearney, W. H. McGaun, Hay Springs: J. D, Parish, Lincoln; Georgo 1. Hocknell, McCook; J. W. Bivens, Pur. dum; William MeBride, Lincoln: 8. H. At wood, Plattsmouth: A. . Robinson, Nelson W. W. Wilson, Chadron; A, W. Bufan Tecumseh; W. H. Dunmors, Grand J. C. Warner, Rted Clou Hastings; Charles d. H. McCall, ~Lexington; I. A Bloomiugton, E. C. Carnes, Seward, Names drawn for the petit jury servico Island, Fraok Phillips, Richards, Wails City} Black, are: W. M. Foster, H. M. Bodweil] William Bateman, R, R. DeGraff, Omaba; Willinm Hurrison, Valley: Willlawm Farr, South Omaha; Herman Reagie, Falls City; John Diffiey, Elkhorn ies Hensman, Douglas; 8. L. Roberts, ‘harles Graw, Omahu; W. M. Exwin, Alma; Peter Nusson, Omaha; J. 8. Dew, Tecumsen: J. A. Phelan, Johnson J. H. Umstead, Fullerton; John Wheeler, Minden: O. M. Shores, Waverly; Jonn I Duncan, Davenport; Antin G. Santner, A D, Seifken, Frank Fernandes, H. L. Seward, dward Gurske, William Rowitzer, James Anderson and John Kimmerting, Omaha; Loufe Meyer, Lincoln; Harey Abbott, Den ton; C. H. Morrill, Lincoln; 'W. T. Brandoy Omaha; Alexander Palm Fullerton; J. € Smith, Clearw ater; J. C. Doane, Crete: J, T, Bomfor, W Stocks, Gen tern, Saline county, and L. A v, Malicious osecution, Mr. William E. Mead, the victim of a ma- licious prosecution, gave bond yesterday in tho sum of 150 to appear for examination in tho police court May 5, Mr. Mcad, who s well known fn this city as an eatimablo gan tloman, had for surety on his boud Mr. | Murphy, president of the Morchunts' tional ban'k, Mr. Mead says (hat he has nio d world that the case will be dismissed in the lower court, Ho anys further that Mr. Frauk Selberling, secretary and troasurer of tho Etapiro mower and reaper comnpany, Akron 0., 1s on his way to Omaha. [t was through the Omaha agent of this compuny that Mr. Moad was arrested, M. infors that Mr. Sefhorliug has to make looking to & compromis be true Mr. Mead says that ho will be disap- poiuted, f the ibY in the ap yposition R ———_ COURT CASES * E1TLED. Severni Deviston Down Judge Doane yesterday decided tho Blk- horn liquor case, which has attracted consid erablo attention. Ou January €@ Bicrbach applied to the board of trust Elkhorn precinct for o license to seli liquor Ou January 26 his notice was first published of Interest Handed in the Waterloo puver and the license granted January 8l C. Uhtofl, & zon of Eikhorn, protested on the grounds that sufficient thue had not elapsed between the date of publication ana the date of the grantiug of liceuse, and for the reason that the Waterloo paper, 1ot naving the largest circalation in the country, as providea by law, the advertisement was illegnl and void, N s proceedings were brought, compeliing the trastees to cancel the licenso so ssued and the case went into court. In banding down his decision o Dotue said the oaly quostion was whether su appeal would lic upon the face of the papers upon which the trustecs had granted tne license, He decided that the | appeal was properly taken and that tho trasteeshad no authority to 1ssie the liconse us the application had” not been properly made aud that the publication of the notice had not been taado g to law. H held that the mandamus should issue: that tho trustecs hud illegally issued the license Tn this case as in all others where a patent s been made and n appeal taken the saloon must be closed pending a settlement of the case, l'wo years ago John Rowe sent to Now York for men to take the striking plumbers' places, advancing woney for teansportation. After their arrival the uew men refused to work or veturn the iuoney, and Rowe at tached their tovls wnd baggage. The lower court held that they were not attempting t defraud and the attached property was there fore exempt from execution and levy. Judge Wakeley sustained this decision. A injunction was granted Ferdinand Streitz axainst the city of Owabka. A por tion of the plaintif's 1ots on Ninctecnth and Center streets was taken for street purposes and instead of reeciving damages he was a sessed for fits. The suit wrew out of the city's attempt (0 collect the taxes, ‘Phe court colld not conceive how the taking of Streitz's property resulted in beueiting the same. The application for u receiver in i of the Owaha loan and teust company vs Delia A Vaughn ot al. was granted, ~The cuse is relic of the Democrat publishing compuny. Vaughu_ borrowed money from the plaintiff, but did not pay it back. Judge Hopeweil sustuinod the decision of the lower court in the case of yburn, shieraff, vs John 1. Shoning, und the sherifl's boudsmien wore released. This case wrew out of the failure of the old Owaha bank. Judie Doune, A. C, Stonehill was I with coutempt in violuting the order of court in v raining him from count cit ing the sigus of the Boston store und their method of arranging goods ior display > case S001 the case was heard Stonehill removed his sign of “Honton” swore and changed his display, and the court held that the contempt was thus purged. ———e- POLICE PARA Recorded at the Sation Last Night. While some carpenters were working at the Deering factory on Capitol avenue y terduy afternoon, and were up on a scaffold a sneak thief came along and stole & box of tools. The thief made a greut vun ¢ itol avenue, chaced by a couple of carpenters and Ofticer Hudson. ~ For some time the flee- ing thief kept a distance of over a block in advance of his pursuers. When nearing the smelting works the tools were dropped, aud the fugitive managed to hide among the freight cars and thus escaped arrest. Between 8:30 and 9 o'clock last eveniug a gang of boys, most of them old enough to know better, amused themselves by throw- ing stones at the motor cars as they passed the corner of Twenty-fourth and” Vinton streets, The police were notified oy tele- phone and the approach of a couple of oficcrs dispersed the crowd. There were no arrests Bertha Dehring, a sixteen-year-old miss, s arrested last ovening charged with ding_some ribbon and lace from Stone s, Opposite her name on the police blot ter is placed the charge of petit larceny. George Chapman was working the old sholl gawe swindle before a crowd on Lower Far n street last night and was arrested by Officer Sullivan, Patsey Havey put in the night practising with the st anticipn RAPHS, M sdeeds Central Cap Is in tion of the board’s mecting on tomorrow uight - DeWitw's Little Early Risers, best pill it ey Potter & George Co.s ad. page 17 LOCAL BE A meeting of property owners will bo heid at'the rooms of the real estate exchange on Tuesday evening. The Vidanta Theosophical soviety meets every Sunday afternoon at 4 o'clock 4t room 6, Frenzer bloek. Al are invited, The board of trade has accepted the pro- position of Messrs. Brainard and astmun of the Paxton to entertain the presidential party while in Omaha, Invitations are out for a party to be given by the Mayflower pleasure club on Friday next, May 1, at the residence of Mr. Ed Free, 4315 Farnam street, “The members of the Woman's Relief corps, George A, Custer, Grand Army of the Re public, will give a calico ball May 1 at Metro politan lall, for the bencfit of the relief fund. The regular services will be held First Congregational church this morning and evening by Rov. Joseph T. Duryea Wednesday evening a grand praise mecting will be held, to which all ave invited The Pennsylvania excursionists now 4u California will arrive in Omaha on the fiest of May and will be entertaiued by the board of trade in approprirte style. Tiis will be the third and last of the Pennsylvania ex cursions. ‘Phe Omaha Kennel club has filed articles of incorporation in the oftice of the county clerk. The incorporators are J. . Evans, Charles H Sabine, Barney Goraon and Charley Ogden, who, with a capital of D), propose 1o go to raising dogs at the The ladies of the First Christian church have arranged fora musicale in the church pariors, corner Capitol avenue and Twen ticth streets, Thursday oveuing, April 50 Some of the best talent in the city will con. tribute Lo the evenings’s entertainment - ing for the Grip Daly Citizen Several persons highly recommend Chi perlain's Cough Remedy as a vemedy for th now 80 prevalent W. Kilbourne, county surveyor, says a bottle of this dy g ief. This medicine is ved by Chamberlain & Co., Des Moinos, wod wguerqus (N M) A From the A ) Mead says that he | , and if this | August | a3 connected with the Unton Pacifio raile way company, el last evening at 0:80 | o'clock ana Wil be buried tomorrow from ! his late restderce, 601 Murcy street, Mr | Parker, who was fifty-five yoars of age, has suffering for ‘the pust three monbhg from a complication of disordeas, His deaty will be much regretted by a large clrols of | frlends and sequaintances. PARAGECPHS, G W, Kirby of Hastings Is at th PERSONAL Millard at tho Ca R. B, Fuuke and daugliter of Kearucy ave at the Paxton, Mre, N, N. Baldwin of and Island Is & guest ut the Dellone R. M. Hoge and M. [, City are at the Dellone F. M, Olmstend and A, S, Hastiugs are at the Casey Catron of Nebraske | W.L Allan of Chicago, assistant general | mlllils:\'l‘u(lhl'“m k Island, is au tbe Mile tard, Mrs. I Mots, sr., left for Grand Island yosterday to attend ter father's cighty Seventh birth M. A. Lunn, editor of the Beet Sugar Ene terprise of Grand Islend, is in the city in the iuterest of his pape Mr. and My, A, Robbins and Mrs T\ Spoor of St Louis, ) have been visiting . and Mes, Thomas KRogers, left for bome iton and wi n over_the on will go to Now ilton will stop in Chicago., Mr. A, B. Campbeli of the Omuha Elovator pany returned to the ity vesterday i+ f (¢ trip through the grain growing districts of ansas and Missouri. Mr. Camphell reports went cast yestore Burlington. Mrs, York and Mr. ilawe the crop prospects very promising. J. A, Cline, president of the Minden board of trade, is 1 the city making arrangements | for getting out advertising matte extolling | the bea and advantusc of the country surconnding Minden, with a view to induc- ing immigra in that direction, | W. S Dunning, who has been oficiating as | day clevk at the Hotel Deilo has uccepted the appointment of clerk at the Windsor ot in Denver and left for that yesterda E. A, Fitzgerald, a well kiown hotel man, | presides at the dosk of the Delicne, - A very small pill but a vory good one. De- Witd's Little Barly Ris e Drarns, cents; each aldditional line ten i NELSON “Trank, aged 20 vears. Kiled April 20" Tuterment April 5 nt Forest Law . HOLA = Killod Charles D, age y vears 24 Burial from Burkots Sunday at 8 i to Forest Liwn CARSON—AL0:40 p. i, Aprdl 25, nzed 12 vears, Howard, son of My Funeral from iy, April Forest Lawn SPECIAL NOTICES. COUNCIL BLUFFS3, and Mrs, Wo M, Cirson, restden 11 Shiirley street Lat? pou. Interment af mipoted Hutehs FUB, SALE or Tiade A - fine Clydesdale stallfon. Call on D, J nson & Co. 017 Broadway Jrok BENT o ity £ood 4 room louse. No. W ANTED two at H. Odell FTOR SALE=Two good lots in W tions will take horse to Leonird Everett ME fine restde Day & Hess JOUR RENT - 0-nere tarm in Fremont cour Towa. House, well and shed for one-th of cropon farm ¥ 1o Leonurd Everet Council Blufls, { NUR SALE - Clie e NF 4t NUR SALE | Tapm in w Hotel 1o No. | chunee t without elildren, 0 =0uth Ist streety family of Mis, B Competent girl in 2 iHigh Sehool <ht's nddis S0 paynient. Apply proporty for reut by O Deurt St Two In- fino e Hotel centrally located, doin, n lowa, rn nA usie and 00 fixtur paying ness. Reasons for selling, other bisitiess re- quiring all owner's attentic I insin residence and business prop- 1", Oficer, real estate and msurance nt, No. 12 N, Midn st., Cc 1ARD neli Blufls, N§ - Some choiee garden land 1 Council Bluils for sale on easy tern vineyards und a lurge 1st of Towa f Johiston & Van Patten, JOUE SALE A tine horse, 7 this spring, wolghs 0y Broed by Robert Maet Huttenhauer, 27 to 61 cur potinds, gor. A Fourth street, 1 I Counerl Biufrs, custon for four lots batwes, Hiz Ui St berwoen Ave D and At ven d. B Greenshielis, 61 Broadway RULT farin for sale or trado; woll located and all in’ bearings goot house and burng Will take some good ¢ity” proverty, and good time giver on balance, - Call on or‘address Dy J. Hutehinson & Co., 617 Broad way A JROK RENT e § 1 block, 5 stor Drick, With hase 1eievator. J. Wee ient Squire, 01 Pearl stroct / [ORSALE-A burcaing now modern fuse? with ail the late lmprovements, seven 1sell on casy puyme located o tor 1ne Hutchins 13 Broadway DOK SALE or Kent—dirden land, with houses, by J & ftios. 10} Maln st Jounoll Blufme ~ GITIZENS STATA BANK SURPLUS AND PROFITS. .. 10,000 TOTAL CAPITAL AND SURPLUS. ... 225,000 Dine Tonrs—1. A, Miller, F. 0 Gleason, B L Shugart. B B, Hart, J D Edmundson, Charles It Hannan Transict general banking busls ness. Larzest capital and surplus of any banxin Southwestern [owa INTEREST UN TIM: DEPOSITS, RAGS AND IRON Highest cash price paid for rags and all kinas of scrap metals. Country dealers and merchants will find 1t to their advantage to communi= cate wlth us before disposing of their stocks. GILINSKY BROS., Union Broadway Depot, Tel. 301 Council Blutfs, [a. OFFICER & PUSEY, BANKERS. Corner Maln an Broadway, COUNCIL BLUFFS, I0OWA, Dealers In foroign anl do nestio xchanze Collection wade und lutercst paid on U.ue deposits, NEW OGDEN HOTEL o The Now ogdan Hotal, i, Gounal Buity 2ed throughout, and 15 now on: of thy bost hotels in the state, 1tis w0zatsdia tas buiis and it is haviog a big salo in this city rots partof t 10 city an L thy elastria_matars For sale by all druggists. oo A A e nates N re as —— Dibosand fire alirins throu 10t Bu'lding Permits, ing, Bteam haal, hok sn3 cold The following permits were issued by the | anywhers, Rates, $2.00 a d iy supermtendent of buildings yesterday GEO.M. WHITNEY, Manazor. Anton l'xlllhv\ one story frame cotta | — Park Forest 600 | - : | < Cornelius Haltine one und one-fourth - A srishyalialyie s st s’ N THE GRAND, .0 Dickey, one and_one-fourth story g a trame dwelliog, Forty-third and Bur Council Bluff A ditte strects w0l , G. L. Groveland, l\ln-<{4il\‘ 'lr.‘um- t This Elegantly Appointed Hotel tage, Forty=ninth ane aetfie streets ) > Fronk Prebul, one story frame cottage, is Now Op=n, Park Forest 50 . 2ol g ), A it A P pakey, one. whd ono-half story Cragin & Co,, Proprielors, trame dweliing, Clitton Hill 1,200 ) R PAREI90C PRI ™| Gas Heating Stoves. Total... vovviveeie s o | o No AsiEs! NO SMOKE, Sce Potter & Georgo Co.’s ad, page 17, | Just thet for bath rooms. bed rooms, ety Bl A | Call Wi sce 0T 1Wrg wssortment Death of John G Par' | John G, Parker, an old time railroad n and ticket broker, and who for many years C. B. Gas and Electric Light Ca ™ 211 Peurl and 210 Maln Strect, N. L. Hawthorn and wife of Wahoo ave at “ | the Paxton IL D, Pravis of Weeplng Water Is a gues Camphel! - e Al - g : }