Omaha Daily Bee Newspaper, February 28, 1893, Page 8

8 FAKE EDITIONS DON'T COUNT Judge Keysor Declares Against the World- Herald's Pretensions, COURT DECISION IN THE LICENSE CASES Scheme to Override Supreme ings Knocked Out ~Hellmn; tate Mrs, Russel! The Fake-Factory's art R wi At the session of the court held yester- | day Judge Keysor decided the apneals from the Board of Fire and Police Commissioners 1n he liquor « By the terms of his deci sion the licenses of S. S. Lanyon, Snow, Land & Co, and J. J. Saville granted while of Michael Wallenz and Fred Pinzensham are refused In all of the cases the published in the World-Herald to that publication that the filed. Insumming up the case said that the question for were, first, did the applicant | notices in the newspaper prescribed by law [ | 508, those applications wege and it w protest the determination publish th was court and, second, if not, did they publish them in some other paper in good faith, believing it to have the lariest eirculation? | The court is of the opinion that the afore- | said applicants did not publish their notices | of application for liquor licenses in the pap having the largest cir ion in Douglas county. The publication of suid notices is Jurisdictional, and it would that when one does not publish bis notices in the news. paper prescribed by law the burden of establishing his good faith n publish fng_ it in some other newspaper ought to rest on him. But our supreme court has ruled that the applicants’ good faith is presumed if he makes any publica- | tion at all in a newspaper and that it devolves upon_the re wtor to_show the contrary, Under this rule the evidence fails to show that at the time Lanyon, Savile and Snow, Lund & Co advertized in the World-Herald they did so in bad faith and with knowledg that Tie OvMana Bee was the newspaper hay ing the largest circulation, but in the opinion of the court. it does establish bad faith on the partof Pinzensham and nz. The attempt of the board to aid adv | ing in which paper to insert was commendable: but the | defective, in that it did not name which edi- | tion of Ttk BerWas the lawful newspaper, | and its service on applicants had_but little bearing on the question of good faith | There are in fact no newspapers published | in this county which are headed and desig- nated e Ber r as the World-He These terms are only the pecuhar names given by people_in referring to news prints issued by Tue Bree and the World-He publishing companies. The noon Wor Torald has no subscribers, being sold only at news stands and by news- boys The morning d-Herald and the evening Wo Id contain differcnt articles and the papers are de livered to different sets of subscribers. The publisher of these editions when on the wit ness stand claimed that they constituted the World-Herald and refused to state the circu lation of each. The liquor licenses taken to Tue Bee Publishing company were printed in Tur OManA EVENING BEE only, the pub- lisher, erting that theirtwo editions were separate and distinet newspapers. The testimony shows, however, that the combined circulation of the said morning, noon and evening eirculat World-Herald ex; s that of Tu and it quite clearly shows that BEE has a greater circulation in the county than any one of the editions of the World-Herald. The law requires the ication of these notices to be in the aper having the largest circulation in county and not by the paper that prints and sells the greatest number of papers. st ascer their notices resolution was NEW ACTIONS, Bulng for Life Insurance Wants Damages for Being Juiled. The Mutual R ve Fund Life associa- tion refused to pay a $5,000 policy on thé life of George Beard, who died last October, and the widow, Catherine Beard, has begun a suit in the district court to recover. Nel sJ. Peterson has sued Hugh Murphy Zor $2,000 dumages. Peterson bought from dhe Leavenworth street property owners the wooden paving blocks that were torn up last fall. While removing the blocks Murphy. who had the contract for rebaving, haj pened along and had him arrested. He spent several hours in jail, but was_honora bly discharged. Svenning Hagelund has be- gUn a similar suit on similar grounds, Alexander G. Knapp has sued E. O. Jones and F. P. Kirkendall for $15,000 dam son Walter was caug! the elevater y of the Douglas block, owned by defendants, and was badly mutilated Connell has sued ‘the county of and at th > time he has secured fon which restrains the county from collecting the taxes assessod against certain lunds and lots owned by Mr. Connell and situated in Grifin & Smith's and other additions to the city. For u cause of action the plaintiff alleges that in mak- g the 1802 assessment the precinct assessors who listed the property in that portion of the city raised to an ex: o de- gree the valuation of the property. Not only that, but they failed to return the sessment in accordance with law. treasure WOMAN'S VICTORY, Mrs. Russell May Go Her Way with Her Children, Mrs. George F. Russell, whose legai fight for the possession of her children = has attracted much attention, has gained a victory and will leave this week for her home In St. Paul. In the district court yesterda, Russell's attorney filed a motion to dismi his divorce suit and dissolve the injunc restraining the wife from taking the chil dren out of ithe court’s jurisdiction, The motion was grauted, and Mrs. Russell was free to go at her pleasure. Later in the Russell's attorney filed another petition for divorce, alleging adul tery. He declared that his wife was unfit to have charge of their chlldren, but did not ask for their custody. In explanation of this peculiar action the attorney said the other suit had been dismissed because he was not reaay to go to trial AGAINST TH WIDOW. A Bank Oljects to Mrs. § Allowance (he Nebraska National bank has filed a against the allowance made by the e court for the support of the widow aud children of Meyer Hellman, deceased Some time ago, when the matters pertain ing to the estate went into the probate court for settlement, upon the showing made by Mrs. Hellman' she was allowed $50 per month out of the proceeds of the estate. to be used in keeping \up the expenses of {he household and in supvorting the family. In its petition now on file the bank sets the statement that the allowauce is unreasona- ble and beyond the necessities of the that since ‘the death wido aid monc having the #40,000 homeste given into her possession, n's Monthly ON TRIAL. Trylog to Save » Brother—Damages for a Broken Leg. Douglas McGuire is belog tried on the charge of being one of the burglars who operated in North Omaha. His brothe Cad, who pleaded guilty and was sent to the penitentinry, testified that he not Douglas wus the guilty man In Judge Davis' court the c Madsen against the Omaha Street Railway company is on tria). The plaintiff is seeking 1o recover § ) damages. Shealleges that one year ago last August she was a passen. &er 0n the Sherman avenue motor line, The night of % of that month she jumped from & moving car st the intersection of Burt snd Meventeonth streets, falling to the ground and breaking her right leg. In court #he chargos that the accident was wholly and se of Ingre | pany due to the carelessness of the company's agents who were in charge of ‘the train. Court Calendar The call for today is as follows LAW ROOM NO. 2-JUDGE SCOTT. 20-261--M¢ k va Sloan, Jownson & Co. 80-16-Hyde vs Kent 80-77--Omuha Printing nea 80-83-Walla vs Casper. 80-107-Omaha Tinware Manufacturing com- pany vs Edwards Burner company. 80-114—Whelan vs Omaha Brewing assocla- tion 30-176—American Loan and Trust company vs Stratton. Colin v& Commercial National bank Ernst vs Stratto Rose vs Grotte. Fatrbanks, Morre & Co,, vs Goodlet & company vs Gar- Dunn vs Roeder, Devoo ve West Winspear vs Griffin. McCabe vs Fallon Omnha National bank vs MeConnell Paxton vs Risdon Olsen vs Missouri Pacific Raflroad Jensen ve Anc First Nationa! on nk vs E. M. Hulse o, Clark < Morrison fohnson vs Peterson LAW ROOM NO. 3—JUDGE DAVIS, 190 Woods vs Murphy. 304 Hurke vs Way 24-332 Madsen vs Omaha compiny 25-331) Andresen Hardware com- 81-03 Street Rallway Mason vs South O Seiy vs Murphy Paxton vs Coofey. 1 vs Sherwood Hicks Hislap vs Midland Minin Warner vs Omaha Nation: Wood vs Omiha Tinwire iy 20354 - Bure vs Ande 80-6 - Nebrasku Land und piny v Miner 30-04—Manley vs Clark Stadelman vs Sullivan Walter A, Wood Manuf Moline, Mithurn, Stoddard & Co. Denny vs Stubbendort. LAW ROOM NO. 41 UDGE FERGUSON. Emoerson, Talcott & Co. vs Hanna. )~ Hillke vs Hellman LAW ROOM NO, 51 UDGE OGDEN 3 Harbaeh vs Shicl mpany Manufac- turin Tuv estment com- th, al Loan and rier vs Nida Underwood vs Stein braska Savings art Bondesen vs S Tucker iy, Johnson EQUITY ROOM NO. 6 and Exchange 3 Railway United States National bank vs jnaE 5 Bicser vs Sloman 3 Clark vs Jacobson. Ledwich vs Connell tHampton Lumber company vs God- HOPEWELL. Daley vs Omaha, MeHale vs Lymin Snyder vs Wentworth, s v Stubbs, g Meridfth Savings bank vs Spotts- wood EQUITY ROOM NO. 7 20-154 Brown 0-51 0-100 80-135 JUDGE IRVINE. Globe Loan and Trust company vs Avondet vs Cowin Hutchinson vs Omaha. : - New remedies are being duced to the publie, but Syrup still maintains its S Frescoing and interior decorating de- signs and estimates furnished. Henry imann, 1508 Douglas street. - SPECIAL LOW RATES To Mobile, Ala, On Monday, March 6, my cursion will leave Council Bluffs for Mobile, Ala. 600,000 acres of choice farming and fruit growing lands along the line of the Mobile & Ohio R. R. at from 50 to 00 per ac Stop over privileges at all points south of Jackson, Tenn. For further information and a descriptive land folder call on or write J. R. RICE, Room 201 Merriam Block, Council Bluffs, Ta. See Dentist Keim, 40 & 41 Barker blk ——~—— clund’s Inn ural. iuced rates to Washington turn via the Northwestern line, February 28 to March 2, good till March veturning. City ticket office 1401 Farnam street. s See the celebratea Sonmer, piano at Ford & Charlton Music Co., 1308 Dodge. constantly intro- Dr. Bull's Cough pre-eminence. second ex- Cle Greatly r D. C., and r by the Burling- ) p. m. train for Denver is a pe sombination of fast time, magnifi- cent equipment and smooth track. o The next time you go west take the “four-fifty,” it'll land you in Denver at T a. m. sharp, on time. Ticket office, 1223 Farnam st. - ¢ Seckers and Others Can Depend Upon, All who go to the inauguration are promised an enjoyable trip at low rates via Pennsylvania lines. Low fare tickets over this direct route from Chicago can urchased at principal raillway ticket s in the west and northwest. Four fast trains leave Chicago daily for Wash- ington over these lines. Apply to H. R. Dering, A. G. P. Agt., 248 Clark street, Chicago. A Promise OMm TR el s Send a Telegr: to H. R. Dering, Chlcago. If youare going to the inauguration he will aid you in securing Pullman ac- commodations on fast through trains over the best route—the Pennsylvania lines. Special low fare; stop-over at Baltimore both ways: four daily trains from Chic sired convenience for an enidyable trip. S The President’s Iuauguration. For this occasion the Burlington route will, on Febr 3, March 1 and 2, sell round trip tickets good until March 12, to Washington, D. C., at the low rate of $34.65. The Burlington’s eastbound flyers, ng Omaha at 4:45 p. m. and 12:30 a. y sleeping® dining and reclining chair cars and malke cl nnections in Chic h fast morning trains for the national capital City ticket offi 3 Farnam street. Marris Licenses., The following marriage licenses were is- sued by County Judge Eller yesterday: Name and a § Peter Borgstrom 1 Emma A. 8. La Iress. alley, Neb 1ip Nelse Bolt, Neb. ace M, He § Charles G. Ja; 1 Amanda V. Carlson, Om; - A P nlar Kemedy for Colds. Mr. J. B, Copeland of Meyersdale, Penn. 9 who_has been enzaged iu_tho drug business in Kansas, New Jersey, Florida, New York and Pennsylvania for the past nineteen ars, i “Chamberlain’s Cough Remedy the best selling cough medicine I have handled. People who use this remedy 0 much pleased with it that they recom mend it to their friends and neighbors. There is nothing better for a bad cold. It relieves the lungs, preventing any tendency toward pneumonia. It is also a pleasant and safe medicine for children. 50 cent bot- tles for sale by all druggists. The only Pure Cream of Tartar Powder.—No Ammonia; No Alun in Milli-us of Homes—go Years [AFFAIRS AT SOUTH OMAHA- Lively and Interesting Oontest for the Mayor- alty Honor. COUNCILMAN BULLA WON ON SIXTH BALLOT First Steps Toward in Bonds for in Serlous Inj: Ralsing $10,000 Firo Apparatus— ¥ to n Street All members of the city council were pres ent at the meeting last night. The commit tee on fire and water, to whom was referred the petition of the school board praying for a hydrant at Thirty-second and W streets, reported adversely on account of no funds Sidewalk ordinan, was passed A petition from citizens asking that park fn the north part of the Twenty-fourth and Tw D streets, be named “Highland park" was referred to the committee on streets and alleys, with instructions toascertain whether or not the tit in the city. It seems the land company denies that the park belongs to the city Fire Chief Smith suspended the ity, between nty-fifth and B and is that he had days for appointed reported John Eriede for ten toxication while on duty, and John Handy to act in his place. Ex-Chicf of Police Beckett pres bill for services as chief for Decembe uary and February at 865 per month bill was referred to the finance committ Haley nominated Bulla for acting mayor during’ Mr. Walters™ absence and Woods med Schultz. Two ballots resulted in a ie, but Bulla was chosen on the sixth ballot after every member had been placed in nom ination nted o , Jan he of Muxwell & Freeman's addition The city attorney was instructed to an ordinance for six foot on the south side of K street from second to Twenty-fourth, and on side of Twenty-second from K to L A contract for sloping banks was to Cash Bros., who bid rents pe yard. Dan Hannon bid 227 cents. A cesolution was passed declaring t steps be taken to submit to the elector: position to issue bonds to the amount of §10,000 to buy a hoox and ladder and other aratus. Another resolution thanked mmond stock yards and Omaha partments for their help at Sunday’s fir Chief Smith was authorized to” buy a set of harness for tho team brought in from the country not to exceed #0 in cost The “committee on fire and water Chief Smith were instructed to asc the cost of ladders for temporary use. A cart load of dirt was reported piled up atoneend of the hall leading to the city oftices and a Janitor at $10 a month was wanted, Wyman kicked and his motion that the chief of police be instructed to work chain gang prisoners up stairs was carried lerk Ditzen again gave notice that the city council would sit as a board of equaliza tion next Friday, Saturday and Monday Bills amounting to £105.77 were referred to | the finance committ draft sidewalk wenty the cast arded cubic and rtain | Squeczod by Street Cars. The deadly motor claimed another victim lust night. Conductor James Cusick was caught between the cars while making a coupling at the end of the line at Twenty- fourth and N streets and was badly crushed about the body. He was c¢ :d into Sey. kora's drug store and was attended by Dr. Bell, who took the wounded man to his home at North Seventeenth street, Omaha. The physician feared injury to the spine, but it was impossible to tell how seri ously'the man was injured. Conductor Cusick is one of the best men on the line and has been connected with the company ever since it began business. He helped set poles and lay rails before the roll- ing stock was put on and has been with the company ever since. He has a wife and child and his paren ide at Sherman avenue and Burdette street. ~Ho has f brother running a train on the Walnut Hill line. t Sewing Mua The C. H. Murrey sewing machine case was continued. It mixed up affair, but the facts secm to be that an agent left a sewing machine with Mrs. J. Kobinson on trial. Mu; boarded with the Robinsons and was induced by Rob- inson to make a sneak on the machine and get some cash for it, which he did. Mrs. R. got onto the scheme and informed the police, whereupon Murrey hastened to get the machine back and succeeded before he could be ar Robinson thoa refused to prosecute, as he claimed that all he wanted was the machine. His reluctanco to prose- cute is now explained and it is likely he will be called upon to explain the transaction. it Oy Perfect action and perfect health result from the use of De Witt's Little Early Risers A perfect little pill. e ANNOUNCEM. hine Case. 8. Tonight John Stetson’s company will give the second and last performance of “The Crust of Society” at Boyd's theater. Do not miss the last o ou will have of witnessing the great sensational in fash- ionable drama, There is something about Shakespeare's text in his play of Henry VIIL, which Mod- Jeska produces at the new Boyd theater next Thursday night and at the Saturday matinee, which calls for luxurious surroundings, and Modjeska has supplied them with a lavish hand. When the queen’s death takes place at Kimbolton there ision of angels and chorus represented with impressive idealism, while through the street in Westminster is supposed to be passing the pagaent of Anne Boleyn's coronation,which gives the effec extremerealism. The music, too, for t important part of the performance, is most effective, o lovely intermezzo being pl before the curtain is raised on Buckingh departure for execution, coro) music being dignified and characteristic. mount this drama naequately and to do justice to the continual changes and drafts on historic pageantry, is 8o costly an affair that this alone goes far to prove why Hen been presented such a comy fow times since Pepys saw it on day, 16 ation Champion James J. Corbett is not the only his rather clever play of s to Gotham d an entertaining evening on illuminated Madison Square roof garden, listening to the entrancing musical selections and drinking in the delights of nu- merous _entertaining specialty acts, will readily recognize the scene in the third act of the above mentioned play. The most taking feature of this act is twa Danish warblers, Dagmar and DeCelle, who render several songs of different nations and with each song appear in a change of picturesque costumes typical of the nation of which the songs are characteristic, Del hand some young fellow, possessi bust tenor voice, while Mile markable control over a contralto voice, which, for richness and pow seldoni been excelled upon the operatic stage of this country. At the Farnam Street theater two nights, Fr aturday and Satur- y mati ch¥and 4. Matinee prices same as night. Imprison: cixcisyaty, O, L. Landi Feb, charging A s Iry THE OMAHA DAILY BEM: TUESDAY, FEBRUARY ¢8 189 GENERATION have of Smokers smoked and enjoyed | where. For 25 years it has been first in quality, first in purity, first in fragrance and first in the good will of tobacco smokers every where. The most fastidious smokers praise its peculiar excellence. Try it. Sold every- Made only by Blackwell’s Durham Tobacco Co., DURHAM, N. C. DURHAM SMOKING TOBACCO. | and counterfeiting bonds was filed in the police court, and the bond was $10,000. It has not yet heen given iportant discovery was made toda that Landis had ordered made here a fac simile of the seal of the street railway company _ wh bonds he proposed to counterfeit and a rubber stamp for the bank which negotiated the bonds. He had ordered these in the name of J. G. White, repre ing himsclf as the secretary of the s railway company. L he was & member of his Youdon't want a torpid liver; you dow't want’t a bad complexion; you don’t want : ath; you don’t want a_headache. Then use De Witt's Little Early Risers, the famous little pills. oy gttt h ¢ A. WORK. Secretaries Meet in ( n to Discuss Inter- osting Topics. There assembled at the Young Men's Christian assoeiation building in this c yesterday moruning about fifty secretaries and physical directors of the local Young Men’s Christian associations of Nebraska and Towa. One secretary each from Kansas, South Dakota, St. Joseph, Mo., were also present, as were C. K. Ober and C. L. Gates of New York City, representing the interna- tional committee. They met for conference upon subjects in- teresting to the membership of the associa- tion, and the meeting was_incidental to the Towa gathering at Council Bluffs. Three ses- sions were held yesterday. A. M. Wiglet of South Dakota read a paper on “‘Cultivation of Personal Piety,” and the subject was discussed by other members, Other themes were discussed as follow “Peculiar Western Problems,” led by Secretary McGee of Towa; “The Secreta Relation to the Personal Lif led by 1. E. Munger of Muscatine, In to Get Things Done,” led by Frank of Omaha; ““Association Athletics, H. F. Kallenberg of Iowa City; «t ing Members and Getting Them mewhe led by C. C. Smith of Cedar Rapids, It ““Secretaries’ Responsibility to Railro Men,” led by C. L. Gates, international retary; ‘‘Shaping Continuous Course of Bible Study,” by 1. E. Munger of Muscatine, Ia.; “Evening Attractions at the Association ing,” Harry Curtis of St. Joseph, Mo. The discus: were very interesting and the knowledge of the subjects imparted was of great benefit to the secretaries. No busi- ness was transacted, the entire time being devoted to discussion. A number of those in attendance left on the earlier trains and were not present at the evening session. At 6 0'clock supper was served in the hall by the local association. e Piles of people have pites, but De Witt's ‘Witch Hazel salve will cure them. —— Clowry Will Not Succeed Dr. Green. Cmicaco, IlL, Feb. 27.—Colonel R. C. Clowry, vice presidentand general superin- tendent of the central division of the West- ern Union Telegraph company, declares there is no truth in the rumor that he is to Green as president of the com- s denial has been received from Mr. Clowry by his chief clerk, S. C. Mason. led by Women Will Vote as usual at the next school election— but for many candidates. They give a unanimous vote—every day in the week—in favor of WHITE RUSSIAN SOAP because they know it has no equal asa labor and temper saver on wash-day. The “White Russian” is a great soap {) use in hard or alkali water, Does not roughen or imjure the hands—is per- fectly safe to use on the finest fabrics. JAS. 8. KIRK & CO., Chicago. Dusky Diamond Tar Soap, =%y Natiopal Bank, U. 8. DEPOSITORY, OMAHA, NEB, .‘h Lapital...... ... $400,000 Surplus.... veees . $65,000 prosi 1o out; C. 8. Maarles, ¥. V N Pavriok; Laaks 4 the Standard ek it a2 Are those ignorant pretenders who, without any qualifications, any ability, any experience, any skill, claim to possess the power to cure all the ills of the human race. But their want of worth soon becomes apparent to their would-be dupes, and these conscience- lessquacks are soon consigned to the oblivion they so richly merit. In strange and strong contrastwith these miserable boasters is the quiet, dignified yet courteous demegnor of hose noted leadars of their profession, Drs. Betts & Betts ‘Who, during the past 27 years, have abundantly demonstrated their ability to effect speedy, perfect and permanent cures in all the worst forms of those del- icate sexual maladies embraced within the general terms of NERVOUS, CHRONIC AND PRIVATE DISEASES. Send 4 cents for their illustrated new book of 120 pages, ‘‘Know Thyself.” Consultation free. dress, with stamp, Drs. Betis & Betts, 119 S, (4th Streat, Cor. Douglas St - NEB. porpmine gabit Curca 1 OPIUM 32 . No Br. 3. Nenhien. The Mercer. Omaha’s Newest Hotel COR. 12TH AN’I‘I HOWARD 8T8, Call upon or ad- s with Bath at $3.00 perday. 5 Rooms with Bath st $3.00 to $4.5) par aay, OPENED AUGUST 1st d Thronghout . S. ERB. Prop. MURRAY HOTEL The only hotel In the city with hot and cold water, and steam heat In every roo m Table and dining room service unsurpassed, RATES $2.50 TO $4.00. Special rates on appiication. B. SILLOWAY, Prop. Agents Wanted Everywhere. THE RENOWNED COAL SAVER Baves one quarter of your cosl bill, prevents soot and clnders, destroys coal gas, produces perfect combustion, keeps boiler floos olean, makes hot fire in five minutes. ots equally well on hard as on s0ft conl. One package conting 18 18 suttiolont 10 treat one ton of o For turther information call on or address with stamp. L. 8. ELLSWORTH & CO., 406 8. 13thS. Omaha,Neb. If we should give you a Five Dollar Bill Would you take it? We will try you Wednestay, March 1. We will give a five| FIVE DOLLAR BILL GRATIS. dollar bill to every 1)ur-f chaser of $20 worth of| suits or overcoats, or| both. 500 different pat- terns to choose from.| All the most desirable fabrics. Wednesday, March 1. Columbia Clothing Company 18th and Farnam Streets. RAYMOND, THE JEWELER How Cut Glass is cut— It's the best quality of flint.glass which has either been cast or blown and then ground on emery wheels or grind stones of fine a1 il it 2 o 2 o 2 Y Our cut= grain until it assumes the desired shape, ,Qurout ace In the basement 15 one of the most beautiful sights in the clty, RAYMOND, PIFTEENTH AND DOUGLAS, OMATA. B e —— DrDOWNS ! 1816 Douglas Str&et, Omaha, Neb. oF \nstruments contentaor sender. aallateryiow pr RSP (MT0jquier o8 Lify pepiijon ORovbowess a1 0o ) striosly pri v s pa Suadsreld w9 Wk § AMINRR (80,