Omaha Daily Bee Newspaper, May 13, 1893, Page 2

i well, “that his tabulations were not correct, but that the final ficures which he arrived at we-s, © Mr. Webster replied that he would not in- st upon an answer. “In making up the list in which you at- tempted to show how many cars went to the asylum, did you have Mr. Randall’s book?"” 1 did.” ‘Were the leaves torn from it?" “Yes, sir; when I had that book before the grand juty and before the legislative fn- vestigating committee, it wasin the same condition as now. “When you were at the asyium did you have access to the vouchers relating to flour and coal?” “Yes, sir; Idid." “Did you make your record from the asy- lum record " *No, sir." “Why did you not do this?" “I object,” said Mr. Lambertson. ““That's not proper, Mr. Webster,” inter- Jected Justice Maxwell. ““When you were working in room 9, this building, were you employed by the state and paid by the state?” “No, sir." “0id you not present, vouchers for work performed in January of this year, sir?" *No, sir; 1 did not.” unde , are you not?" Had All They Wanted. ““That's enough,” remarked Mr. Webster, and Race was dropped by the respondents. “Now, Mr. Race,” said Mr. Lambertson, “you may show in what particular your tabulations were not correct,” “The car 5,230 by Randall, since making the first tabulation, 1 find was not on the boolks, but to be on the safe side | allowed it to the asylum, I also find that 956, charged to the asylum as conl, was loaded with April 1 found that_the yard check three cars containing coal, but I could not trace the cars, the books not showing where they went. ‘o be safe these I credited to the asylum, but now I know they did not go there,” “You say that one freight forwarded back was missing “Yes, sir." *Would you know from examining the car checks what cars were recorded in that book?" “Yes, sir: I find that it was in December, 1890, and that s returned by the yard checks there were twenty-one cars, thus giving them credits for all that would have be- entered in the missing books." “Suppose ar was taken from the asylum switch and bauled to Hastings without being entered in the yards here, what would happen?” asked Mr. Webster. ““There would be a howl along the line and the conductor would likely be jacked up for not doing his duty,” answered the witness. Declded Not to Dally. ‘When the noon recess was ordered there was a probability that there might be an effort made to kill time and throw argument over until Monday, but when *he lawyers re- turned from the midday repast, they buckled on the harness and went to work with renewed cnes , indicating that the; were ready to fight if necessary and die in the last ditch if the cmergency demanded. Instead of the attdhneys immediately going into the arguments, 1, (. Rewick was called for cross-examination by Mr. Webster, who propounded the questiol *Did you during July, 1502, have a conver- sation with Jud betts’ touching upon the subject of the asylum?" Mr, Lambertson objected on the ground that the question was asked for the purpose of impeaching the witne Justice Maxwell held that such was the c Did you not request some of the demo- crats to give you letters to Dr. Miller of Omaha?” Mr. Lambertson again objected and again the objection was sustained. Judge Post winted to know the object of the testimony and in reply Mr. Webster in- formed the court that he proposed to show that Rewick had some information against the republicar candidates which he was anxious to sell and that he thought that the democrats would pay him $5,000 if he would unbosom himself. Webster's Flank Movement Checked. Justice Maxwell held that it was not proper to propound the question to the wit- ness, that if such a thing were tv be proven, it would have to be done by some other party. Mr. Webster «'hnn[ged the form of the ques- tion by asking, “Did you not state that you had some informution which, if made public, would knock the republicans out of the Dbox?” “I'0 this question Mr. Lambertson objected, urging that it was immaterial, irrelevant and was uot proper cross-examination, ““The witness need not answer,” inter- posed Justice Maxwell, “and it must be un- derstood thav Mr. Rewick is not on trial.” Mr. Webster urged that Mr, Rewick was the only witness who was called to show that the members of the Board of Public Lands and Buildings were warned of the irregularities at the insane hospital. Justice Maxwell intimated t there was 100 much attention being paid to the testi- mony of the witness upon that point. Ihe witness was excused without any further attempt at cross-examination, after which General Joseph R. W or of this city stated that he was ready to proceed with his opening argument, outlining the de- fense which the respondents proposed to follow. After defining the law of impeach- ment, Mr. Webster went into the merits of his argument by speaking substantially as follows: What the Defenss Will Be. “‘A felon may be pardoned, but & man dis- qualified and disgraced can never be pardoned upon this side of the grave; he must go through life, held up to the public and lving as an infant, a mere vapor shunned by all and respected by none. r‘?w mere matters of oversight or failure in some detail jmpeachment will not lie, as is well shown by Idmund Burke in speakiug of the _ impeachment of Warren [astings. In this case we must first consider that the men served must be tried as men, something which the managers secmed to have forgotten; there must be crimes whore there was fore- thought, as a man cannot be impeached for oversight, or what was trusted o his subor- dinates and was not in violation of law. Even in the impeachment of Andrew John- son, which was during the great political storm, this fact was not lost sight of and then 'Fessenden, who was the peer of the metnbers of the board, voted for an acquit- tal; impeschment should be free from taint oF party otive, “In this case the articles charge fraudu- lent vouchors; these youchers may be for coal or they may be for flower, but vhere is no fraud charged with regard to the funds from which they were paid. Now, Isay that as far as the fraudulent vouchers are concerned an alibi has already been proven ; as their has not been the slightest showing that these lepal advisors can produce any evidenco to show that these gentlomen aud- ited cluims which were paid before they were inducted into ofiice.” Mr. Webstor had bheard a silver-headed attorney say that that charge was a mistake of the typo. Younger men might get into trouble over a typewriter, but the legal gen- tleman was too old for that, What Will Be Shown. “lIt seoms to me," continued Mr. Webster, “‘that the whole affair is a dragnet, sent out 10 cateh somothing. ‘There is o charge that in April, 1891, u coal bill for coal furnished in March, 1801, under a contract of 1890; this would scarcely be, as the coal contracts are made every ninety days. This, I think, is another rustake of the typewriter, *'We will show that the appropriation for fuel and lights for 1800 was expended before December 81, 1860, and that consequenily the coal bills for October, November and Decem- ber of that year werc audited at the Janu- ary, 1802, meeting, but as thero was no mouey to pay them thuy went into the next quarter, to be audited by the legislature.” Thero were other bills beforo the buard, sndorsed by the ofiiciuls of the asylum as being just, true and correct, there wus a law organizing the hospital and fin‘o\'idiul for a resident nmm{ur which mude the superin- tendent tho chief executive oficer, whose duty it was to receive and ' report u) the supplies. No person would claim that it was the duty of the physician 10 stand by aud watch the weighing of the coal, und why sbould the meubers of the rd, whose duty it was to have general supervisio: of the instiwution and the ous- y of the grounds! It was true that the board had authority to audit the accounts of the superintendent” of the institution, ex- Amine thom, pay them if they were correct dishonor them if they were exorbitaut, 1% was clear that she board Lad control Sver the public iustitutions. The members, however, he aid, had bLeen guilty of a mistake as they had assumed a duty under Iaw which was repealed in 1577, and which placed the auditing of acconnts in the hands of an auditing board. This auditing might have gone on for years if the shock aamin- istered by the legislaturo had not come and conviaced the oficials that they done some- thing that was not their duty to do. “T assume,” remarked Mr. Webster, ‘‘that it was not their duty to audit the bills, but was that an impeachable crime?” Depended on Subordinates, There was no question but that the offi- clals had depended to some extent upon their subordinates, but what could they do? The steward and the superintendent of the hospital had been appointed by the gov- nor, and they could not bo removed with- out his consent, 1f they were unworthy of the confidence imposed in them, the board t be held responsible for their irreg- . The law never required impossi- | bilities, and did not require the members of the board to make the purchases, ‘“Though the gentlemanly managers,” said Mr. Web- ster, ‘“would * have you believe that these gentlemen should purchase and inspect every pound of flour, coal and other supplies.” This, the speaker said, was not the correct idea; the board was merel iew and not to make the pur- chases, that being the duty of the Board of Purchase and Supplies. Coming into ofice in January, 1501, the respondents found the message of the gov- ernor, endorsing the local management of the hospital as being honorable, capable and eflcient; they found that t message stated that the expense been re- duced to 42 cents per capita per week. They also found that Dr. Knapp referred to the steward as the man who re- ceived and ordered the coaland flour. They were practical men, but not familiar with such business and consequently they placed confidence in tho ofticial reports which reached them. Noue of the gentlemen had ever run a hotel. and with the endorsements given the managers at the hospital they did not think that anything would go wrong. The legislavure, Mr. Webster contended, should have changed the iaw and given the members of the board full authority over the institutions and if that i been done the respondents would not have been impeached on account of the heads of the institutions failing o do their duty. Dorgau's Employment a Mastor Stroke, Leaving the hospital, Mr. Webster took up the subject of the prison cell house by saying that the legislature simply instructed the iembers of the board to construct a cell house, aud the very instructions that were given were that it'should be by day’s labor. “The managers would havo your honors believe,” continued the attorney, “that it was a crime to employ William H. Dorgan as superintendent of construction for the reason that he represented Mosher, the contractor.” This, the lawyer contended, was the best thifig that cotidhave happened, as Dorgan had been recognized as a thorough business man. It was to be presumed that the state would get a good building, as Mosher was mterested in the health and welfare of the convicts, Itw apparent that Mosher's and the state's interests were identical in this respect. I'he state stood in the position of a father over a d and Mosher as dian, it being his duty to feed and ro of them, while a guard, a s oficial, was entrusted with the duty of keep- ing the time. 'The prices paid_ver day wero | in keeping with along established custom, the same as under a former administration. The f: at Dorgan stood as the agent for two partics showed that he was not only a man of unimpeachable character, but th he wasa man of more than usual ho ~could not introduce free or within _the walls of the pr s | the warden had declared that such a course would demoralize the convicts ell as be- | ing dangerous ; it did not appear in ovidence | thut there was any man who could handle convicts to as 3 who was appointed on prudence and good judgment. he managers, Mr. Webster declared, had 1d that they would bring the charges of s ability, they had done nothing of the kind nothingz but a band of fog and m had not disappearad. Mich had been said about tho price which Dorgan had paid for stone, but that was a small matter, and if it he had overcharged the fraud was not $s, not so glaring and not so dangerous as to interferc with the public safety. Justifylng the Junket. Referring to the $500 expended by the | members when they went on the trip to in- spect prisons, Mr, Webster said that the o dence for the defense would show that there was a crying domand for a cell house; the board could not organize a kindergarten and set up cells for inspection so they went where the cells were, This was not a fraud- ulent disbursement of public money, as the evidence would show that former boara made turce such visits: tho evidence would also show that the agricultural de- partment sent out a man each year, and that the state paid his expenses, if these had wrongfully disbursed the $500, the ste could recover inan action at law, ¢ right to impeach men for a technic: tion of the law " asked Mr. Webster. The articles of impeachment, he declared, were not well brought and proof would be offered to show that no evidence was taken by the joint convention ; no evidence went to either branch of the leg ture and the joint convention did not consider any law or facts. ‘'he evidence would show that there were three lawyers before the committee, that one 4 find articles of impeachment and the others said impeachment would die, showing that the articles were the findings of the gentlemen who were not members of the committee. The position of the joint convention was above the law, as the mem- bers could not impeach men who wereselected by the people. In closing Mr. Webster contended that the respondents could not have been brought into court to answer, and that they could not have been impeached without a finding of facts. Having de cupied two hours and ten min- utes in p ting the arguments, the legal revreseutative of the respondents announced that he wos ready to proceed with the intro- duction of testimony. The court Intimated that it was too late to begin taking evidence, and an adjournment until 2 o'clock next Monduy afternoon was orde B Piles of people Lave pies. buv Do Witt's Witch Hazel Salve wili cure them., - L PARAGRADHY, John W. Battin is spending a few in Denver, the guest of Rdward [ 3, 08Q. Senator and Mrs, Monderson arrived yes- terdity morning from the cast and are gucsts at Happy Hollow. Rev P. De Pree of Pella, Marion county, Ti., is pay hief Detective Huze u visit on his tour to Colorado. Mr. and M Harry Nott have returned from their wedding trip. They were mar- ried in Milwaukee last weck, nk N. Lord, jr., day clerk at the accepted “a position with t new Hotel Ingram in Chicago and will de- part for that city about the last of next week, He will take the position of room clerlc in the new house, which is operated by the Lelands. s At the Mercer: . P, , Daven- | port, Ia.: B. H. Land, Philadelphia’; M. Bos. | worth. Topeka, Kan.: L. A. Van Dyk,” Chi- cago; W. A, Pinl 1. Deahll, Spraguc; W. 8. Billings. New York: C. D. Mervy and wife, Creto: H. B. Volk, Quincy, Tll.; W. PERSON. Suits, Ceda jids, In; W. B. Kier, Ra cine; L. A Clarke, North Platte; E. P, | Blake, Peoria; J. B. Averline, North Platte; | John ‘Shuck, ‘Ohiowa; A. S. Hogle, J. M. Coughlin, Chicugo, | New Yous. May 12.—Special Telogram to Tug Bk - Omaha: ™ J. 1. Robinsou, buyer | for Robinson-Stolies company, St. Denis; A L. Maxim, Westminster; W. B. Taylor, Suvoy; W, H. Cook, Plaza; T. O. Eichel’ er, Westminster, Cicaao, 1L, Mu¥ 12.- -[Spocial Telegium to Tue Bee. ] —K. G. MeGilton of Omahas s st the Sherman; James and A. A, Harring- ton of Keno are at the Tremont. o Piles of people have pues, vat Da Witt's, WitchHazel Salve wll|':>u|'v them b uis head, Aty ce nal line ten cents YOUNG—At Kirksvillo, Mo, May 11, John W Young, of pnesmont ment at KD ks vitie, o NP, SRR RN, | Plles of ple have piles, but Dewitt's I Witeh Huze! Salve will cure them, | Brydon THE NEW PAVING AND SEWERAGE Board of Public Works Opens Bids in More Than Fifty Distriots. STANDAKD COMPANY THE LOWEST BIDDER Barber Compiny Quotes Lowest Figures In but Four Districts-Contracts Wil Probably Be Awarded This Afternoon. When the Board of Public Works met y terday afternoon to open bids upon publ work, and award contracts, Major ik hauser wore a pleased expression, nud Major Furay also looked out from the corner of his opt in a knowing manner. The first named majo st “'1-told-you-so" ¢lances in the direction of Major Balcombe, This pleasantry of expression was due to the fact that four bids upon asphalt paving nad been filed with the board, and the Barber company did not appear to have a monopoly, as was the case one month ago, when it was the only bidder upon that material. Major Furay opened the bids and read them. Ho went through those of the Barber company, John Grant and the Standard Paving company in and three order. And the fourth large green envelope, with A bons placed so as to pre- vent tampering, and sccurely fastened with sealing wax, bearing the stamp of some con- cern, the lotters being stamped so as to not be discernible, Printed in one corner wus a cut of the American eagle, and in plain let- s tors in the scroll und h appeared the words: “The Kaglej [nternational Asphalt Paving company. Major F'uray admired the beauty of the manner i which the s sented and suggested that all that needed to make it pertect was a dash of fume. He opened the envelope in the most approved manner and as he unrolled the priuted specifications he searched for the low fizures upon t he had anticipated would be disclosed. lis search was in vain, and the Eagle company proved to be a myth and existed only in the mind of some joker. The printea form was as blank as when it was printed and no price upon asphalt was quoted. Tne major laughed at the joke and tho half hundred contractors in the room swelled the chorus. No Change In Prio One monthago when the board received bids for paving th company was the only one to submit prices upon asphalt, Its bid was rejected upon the ground t the prices named cousidered excessive, and a readvert he prices 30 upon cl t was ordered, anged from upon the same class for the ten year: antee, and upon class B for five yea: 60. and ten years, §.00. Although were three bidders yesterday the figures made were almost itentically the same as those of one month ago, and the lower prices anticipated by the members of the board did not mater- ialize. The Stanc ng company bid upon all of the fif tricts, the Barber ant upon A tabulation of the bids has not been made, but will be today and the contracts will be awarded 1t a meeting of the board to be held at 2 o'clock this afternoon In the bidding the Standard company bid classes A and B in fg -two districts, the prices ranging from $2.67 to $3.17 upon class A, five-year guarantee, and upon class B, me guarantec, $2.47 to $2.03 Upon the n-year guarantee the figures range from £3.03 to $3.30 u s A and upon ¢! B from $2.84 to & Bids upon class C were submitted upon nine districts, the figures varying from $2.51 to 82,67, five-year guaran- tee, and from $2.85 to .03 on ten-year guarantee. An estimate gives to the Stan- dard company thirty-three of the fifty-one districts. The Barber company bid upon cleven dis- tricts, nine upon class B and two upon class C. Onclass B the prices range from £3.60, five years guarantee, & $3, ten years guarantee. The two bids for class C are §2.51 and $2.57, five vears, and 77 and .91 ten years guarantce. The Barber company is the lowest bidder upon but four districts. John Grant bid upon twenty-eight districts, and is probably the lowest upon about eigh’ teen upon class Band onone on class A. His figures run from $2.5215 to £2.6 class B, five years, and from §2.92 upon class B, ten years guarantce. Otnor Paving and Sewors. In addition to receiving bpids upon asphalt paving the contracts were aw for three other dustricts, Thoy wi 566 and 567, Hi Murphy bidding for Colo- rado sandstone .05 upon the first and $1.90 oeuch upon the other two. For brick J. B. Smith & Co. bid §1 upon each of the dis tricts. For curbing the two latter districts Hugh Murphy bid 60 cents and was awarded the contract. A great deal of interest centered in the bidding upon the #$100,000 worth of main and the competition was lhvely ‘¢ were ten bidders, as foliows: M Gavock & Dailev, Hamann & McDonald, Frank L. Reeves & Co,, J. O. Corby, J. I. Black, Wickh Bro: Council ~ Bluffs; George W. Tillson, McConnell & Miller, Council Bluffs; Riley, MeDonald & Penfold, Fremont, and John M. McGovern. The bids wero referred to Civy Lngineer Roscwater for tabulation, so that it can be determined who the lowest bidders ai The sewers are the ones to be constructed upon the streets, and are known as the Burt, Chicago, Dor- cas, Valley, Twenty-first and Twenty sev- enth street sewers. The contracts will be awarded this afterncon at the meeting of the board, ) LACROSSE TODAY, Lincoln and Omana Will Try Concluslons at the Oia Bl Par This afternoon the Lincoln lacrosse team will meet the Omahas at Young Men's Christian Association park (formerly the buse ball grounds, at the end of the cable line) in o friendly contest for the purpose of deciding which team shall have the honor of playing Kenrney on Decoration day for the state championship, the Kearney team at present holding that title, Both the Lin- coln and Omaha teams have among ir members sowe of the fiuest lucrosse vlayers in the United States, and as they ave very evenly matehed the game promiscs to bo an exciting one and will amply repay all those who go out to see it, Mayor Bewis has consented to start the gama by fucing the ball off and calling play. “The Young Men's Christian association park has been thoroughiy iled and put in the best possible condition, a new fence hus been erected around the grounds, a new grand stand put up, the ground leveled and rolled perfectly smooth, and in fact so much improved since it was known as the “ball vk that the old patroms will sc y iize it, Every comfort and convenience will be provided on the grounds, particularly for the fuir sex, as the teams earnestly do- e to see a large attendance of ladie whose presenco will be the means of spurring them on to greater efforts and to victory, Game will be called at4 o'clocik and the teams will line as follows: ¢ tho rded Lincoln, Positions. Omaha. 6dgos ... Gonlkeeper. . Wallbrdice asdale. .. Polut B with Johnson. . Covor poln Howell Mockett Flst defense mith Liascoigne LSecond defense, ... Dorn Jones hird defeuse. iennect Centor, Third home Second houie... First lome. Ringer. .. Hiths MeBride.. ...\ Outside home Dinaloy. o Inaido home W. B, Walton. | Fleld captatn... 1. J. Peddio The club colors are: Lincoln, red and blue; Omaha, blue and white, A telegram announces thata car load of enthysiastic pavtisans of the Lincolns will accompany tho teaw here. Dawson and O'Brien Tonight. Tonight the eastern lovers of the game will have an opportunity of judging just how good or bad George Dawson is. The whole western contingent does not consider him anywhere near Tommy Ryan's class, but prejudice cuts big figure in this estimate, and it will be found sooner or later that Duwson amounts to a trifle more than a hill Of beans us o fighter. Yet I donot believe he can bes¢ Tommy Kyan at any stage of the i Witch Huzel upon | OMAHA DAILY BH§H ATURDAY, game. Tonight the Australian will moet Al O'Brion in thd Aeadomy of Music, Phila- delphia, in a lu\fi- cound bout and & hot argu- ment s unan r?.mql, expected. 1 saw O'Brien a yeor ago in the Ariel club and know that ho is, nfiwr than a good one, ana if he is in tho sifahd ho when I saw him Dawson will be!highly entertained. 1see that o large delegation, including Judg Newton. will go over from Gotham to get a line on the Antipodian, and if he shows up at all to the satisfAction of the judge he will De given a chance Against the winner of the mill between Jack Dempsey and Billy Smith of Boston NATIONAL FAMES, Gu St. Louls Rudsly Snatches the Chnmpion Spld St. Lovis, Mo, May 12.-~The Browns se- ed four runs in the second by good bat- ting. In the fourth Breitenstein got rattled tfter O'Connor's home run had enabled the Viai ors to tie the score and was replaced by Gleason, Young became very wild in the nintn, giving the home team fonr runs and st Place from 5 one . ' the most exciting games of the season. Seore 8§t. Louls 04000000 8 Cleveland; 0004 20010-7 Mits: St Louls, 7; Cleveland, 11, Brrors: 8t. Louls, 0; Clovéland, 6, Earned runs: St Louls, 1; Clévelund, 0. Batteries: Hrolten- stein, Gleason and Peitz; Young and 0'Connor. Steln Still Pitenes, Brookuyy, N, Y., May 12.—For only one inning were the Bostons in the game today. Score: Brooklyn........0 208 1 0 2 0 *— Boston . . 030000000~ Hits: Brooklyn, 8; Boston, 8. Friors Brookiyn, 2; Boston, 1. Earned funs: Brook- Iyn, 63 Boston, 0. Ruttories: Steinand Kins- 10w} Staley and Merritt. Made n Monkey of Foreman. Prianerenn, P . —Philadelph hammered Foreman § +the fleld today in the game with fourth inning scor hits, including th riple. Weather ple Score: rk, and in the 1 cleven runs ou two-bagge ant. Attendance Philadelpa. 4 0011 0 8 0 0 0-18 New York........0 1 20 800 0 0= 6 "hiladelphia, K I & delphia, Philadelphia, W Yol 10 ew York, 1. Batteri 11; Sharrott, Taylor and Cross; Foreman, Crane and Doylo. iven Red Ehret Can Do It, Prrrsnvia, Pa, May 12.—Bhrev was in. vincible today. TLouisville oniy made two hits, both scratches, and were shut out for the first time this season. The Colonels had men on bases in only two innings, Attend- ance 900 Score: Pittsburg.... .....0 1 1 0 1 00 0 *— 3 Louisville........00 0.0 0 0 0 0 0 0~ 0 Hits: Pittsburg, 8; Louisville, 0. FErro Pittsburg, 0 Pittsburg, 1: Louisville Batteric and Mue 1sen and Grim, Muivey Ouzht to Know Better, Wasmisaroy, D. ( May ~Mulvey wild throw to first in the ninth inning, u low 1en to scove, lost the game for the Washingtons today. Score: Washington . OFDEISONO0M0N1 Sak, Baltimor 010110004 Louisville, 2. o, Earned runs ihret 12 Hits: Washington. 8; Baltimore, 7. Frrors: Washington, ned runs: Washington, wterles: Manl and Farrell; MeNubl Cmeaco, 111, May Rain today again pervented the Cincinnati-Chicago game. Standing of the Te WL St. Louls, 3§ Brooklyn s Clevelnnd. 3 Washingt 5 Plusburg 4 Clnetunul 0 Game at York. York, Neb, May 12.—[Special Telegram to Tue BEe.]—The York and Grand Island ball teams plaged this afternoon at the col- lego The score stood 8 to20in favor of Grand Tsland, ple hhve pues, but De Witt' ve will cu hem. I IV Gt o INDIANS GO TO LAW,. They Want the Federa fl_lnlrl to Cancel the Farley Lease. The Omaha Indians, who have for several days past been fn the city to obtain satis faction for alleged fraud in inducinz them to lease their lands, have appealed to the Umited States court for redress. The case is brought by the council of the Piles of pe Witch Hazel tribe. The petitfon alleges that the tribe is being swindled by cer- tain Jand lease in your 1892, by which was granted the use of 21,032 in Thurston county at an annual rental of ,000; that the contract that it was not the int to leaso the the is fraudulent in ition of the council land for more thanone year at ime the lease was made and that the individual members of the council were made to believe that the lease was for but one year. It is further stated that four mem- bers of the council never signed the lease at all. It is claimed that the land should bring a rental of not less than $20,000 per annum and that by the terms of this leaso the tribe is being cheated out of 315,000 per annum and wili continue to be so defrauded until the year 1807 unless the fede: intervenes and cancels said lease. ‘I pe titioners ask for the cancelation of the lea: and for such authority as will restore to them the full and frée possession of the s in question, s held that many of the Indians de: to take lands in severalty and the existence of this s preventing them from mak- mg a proper division of the land as provided by the laws of the country. The petition also alleges that Tndian Agent Robert H. Ashley deceived the mem- bers of the council at the time the leaso was signed. —— Piies of people aave pros, but De Witt's Witch Hazel Salve willeure them. — LAWYERS ARE TALKING. re Evidence in Depot Cass Completo and Ar- guments Begun Tho remainder of the evidence n the union depot injunction case was introduced yesterday morning and the remainder of the ay was occupied by arguments of counsel City Comptroller Olsen was called to the stand to testify as to the present indebted- ness of the city and the charter limitution in that direction, Deputy City Clerk Balcombe was also called to testify regavding certain ordinances and some of the city vecords bear- ing on the caso in controversy, General Cowla” dpened the argument for the plaintiff. e spoke principally on the matters in connectian with the giving of the Saunders deed, adinitting that the city was then desirous of securing the bridge, but that it was expressly stipulated that it was not to the Union, Pacific alone, but to the Union Pacific and all other roads. He argued that the purpose of the city was 10 sacuro the bridge and the depot, and that the deed was exceuted snd placed in trust awaiting the exeoution of conditions that had never Leen fulfilled, At the conclusion of his argument court took a recess until afternoon, when M Howe tollowed with what he had to say in behalf of the positioy of the enjoining parties. fasl Mr. Webster will begin his argument for | the defense this wyrning, o ———— Piles of people hdve piles, but De Witt's Witeh Hazel Salveswill cure them, e + Athleties at the Falr, Bohemian and German turners gave an interesting exhibition of muscles, nerve and skill at the Bohemian fair ay Metz's hall last evening, which was much enjoyed by those present. IRudolph Huelka distin- guished himself in several feats upon the pole and bars. In the contest for the silk banner, Kuights of Pythias lodge No. 5 leads. 1tu- dolp Huelka is ahead as the most prominent turner, and John Krummel as the most pop- ular business man. Mrs. 1, Bandhauer continues in the lead as the most popular lady. 'j‘lnlflu sees tho close of the fair, and a large number of persons are expected to see, hear and enjoy the interesting program that has peen prepared. ave pues, but Wi BITe L i it D Wiki'e Piles of MAY l 'ROASTED THE NEWSPAPERS Wrathy' Councilmen Vent Their Irs Upon the Mayor and Presw { EFFORT TO REPEAL HASCALL'S ORDINANCE Back Saya Hard Things of the Mayor and 18 Called to Order-Paving Bonds to Ile lssuned Without Any Delay. Councilman Hascall has not receded from his position regaraing the location of seven water hydrants along an obscure road in tha woods in the southeast part of the city to the Gibson school, and in a lengthy speech dofended his action at the meeting of the city council last evening. The IPirst ward councilman was brought to his feet by the introduction of an ordinance by Mr. Munro repecling the Hascall ordinance locating the hydrants, Mr. Hascall roasted the newspavers for questioning his actions, and characterized tho reporters ns Ilying squibblers, and stated that Mayor Bemis had gotten them to create a hubbub over nothing. He claimed that he was actu- ated only by a desive to provide water for tho people residing iu that part of the city that he was right in what he had dono and that those who criticised were in the wrong. Mr. Munro ropled that it was not the de- sive of the council to prevent water being given the people in which Mr. H is interested. The only point at differ- ence was in the manner of conveying the water to them. He believed it would be more economical fc the _city to lay pipe of sufficient size to afford the nece scrvice, and that it was not right to locate the hydrants where they would be of no service at an exorbitant annual rental. 1f the ordinance werc referred toa committes ho would secure facts and figurcs that would demonstrate the truthfulness of his position and submit them. Mr. Hascall insisted that the ropealing ordinance be rejected, to which Mr. Munto objected. He wondered why the hydrant advocates were afraid to let the ordinance £0 1o & committee for investigation, and when he saw that such was tho case it looked very much as if there was something wrong. Mr. Howell said he had voted for the ordi- nance locating the hydrants at the last meet- ing. but he believed at the time that Hascall had done wr in attacking the mayor, and questioned his motives in excrcising the voto power. My, [Towell behieved the mayor as sincere in doing what he had. tle wanted the matter referred to the commit- tee on judiciary, Aired Thetr Grievaneas, Mr. McLe; id he thought some of the councilmen had gone off half-cocked, and the newspaper talk was simply to coerce the councilinen nto supporting the position of the m, Mr. Specht roasted the newspapers and the mayor. He said that if th mayor would keep his vetocs out of the papers ana come to the councilmen with them some of the vetoes might tined. Another councilman who took a whirl at the papers was Mr. Edwards. He said he thize with the committee on fire 1s it had not been very long ago when he was reading that hie was voting in the interests of corporations, and lie guessod an effort was being made to bring that facy out again. He had voted for the Hascall ordinance and he was giad of it. He wanted the matter referied to the committees on fire and water and strects and alleys, Mr. Hascall didn’t want the matter to go to a committee, as he could not see what it could do with it. He rapped the lying scrib- blers again, and sav down looking well pleased with himself, Mr. Back of the to tullke, He got cle arose and started in r off the track and ¢ enced to berate Mayor Bemis because he d vetoad an ordinance for a hydrant at rthand Valloy. He said the mayor r when he stated that there wasa 1in on Twelfih street. Called Back to Order. He id that uch statement 1 stated that a hydrant within 300 feet of the Back wanted another there w vlace where Mr. Iocated. President ProTem Prince orderad M, Back to be more respectful and choice in his remarks, He took oceasion to drop a few words upon common courtesy anddecency and said that whilo ho. was. in. tho. chiy such language would not be permitted. More discussion followed, with the result that the matter was re W to the comm tees on fire and water By & unanimous vot not sustain the follow 'o e HoNORABL 2 Crry CoUNCIn or THE CITY OF ONAAL 1] ith return with- out my approval an ordinance ha dn the sum piving honds,” for tho reason that my opin- fon it is unnecessary to fssue - pav bonds o the sum of $100,000 at this ti ould resnitin a serious loss to the cliy. W very cortu At not over 250,000, 5,000 of funds to ions will be haps not exe required during tho In my Judgment it Is unwis lering to Issuo bonds fn widvance of the time when the funds reallzed from their sale wiil e required and pay from 4 to b percent fnterest on such” bonds, and then deposit the money at o rate of interest not oex- cording 2 per cont. 1 think 1t will be thio enough to Issue the paving bonds when it s detertnmed (0 @ certainty whit streets. witl he d. Asis now well understood only such 25 can bo paved as are represented by a petition of a mafority of the property owiicrs In the improvement district asking for the piving (o be don Sided with the Mayor, Mz, Munro thought that the mayor's posi- tion was well tuken, as he had been in- formed® by the Board of Public Works that not more than 25 cr 43 per cent of the paving estimated would be done. In view of the financial distrust now existing it will be dificult to dispose of the bonds at par, and hie thought the matter should be delayed, Mr. it that the mayor had probut ct that a contract for pu canuot be made until the money on hand, and the comptroller can so ufy. He thought the bonds should be issued, and thoy could bo sold in such amounts and at such times as required, Mr. Howell, Mr. Suunders, Mr. Brumer, Mr, Hascall and Mr. Spechit expressed the same | View Mr. Munro_ stated that he had misunder- stood the matter, supposing that the ordi- | nance providing for the issuing of the bonds carried with it a requirement for the sal, The mayor's veto of a resolution instruct- | ing the city treasurer to refund to pr all taxes collected under th street from the north line of reserve to Center sireet wus Nineteenth artman's sustained, - AFFAIRS AT SOUTH OMAHA, Ingenions Plan of Marrled Couples to Cut Down Expen es. A number of South Omaha business men are figuring on & unigque proposition, which will in all probability be carried into effect before many more weeks pass by. It is pro. posed that ten married men buy u tract of ten acres of land in Bellevae, each man to have one acre of ground. In the center of this he is to have built a suitable cot- tage lurge enough for his family. The | company will own the land, houses, barn horses, and all buildings on the premises collectively. 1In fact, it will bea co-opera- tive councern. Four horses and two cows will be kept, with suficient hired help to do all the work, A large dining hall convenient place, where the families will take their meals. The conveyances to con- vey the men to and from their places of bus- iness inSouth Omaha will come and go at stated intervals, making it convenient for all interested. The object in them locatin, | at Bellevue is on account of the cheapness o the land, the advantages of the excellent | schools aud the beautiful site, H Matcers Affectiug the ( ommission Men, | The called meeting of the stock commis. | l sion werchants, which takes place iu the Ex. | will be erectod ata ! change Lmorrow aftornoon, promises to ho a protty lively affair. ‘The call states that not only the bond proposition will be discussed, but that the mode of giving out hay and grawm at the yards, as well as the rents charged the commission men by the stock yards com pany, will be talked over. Having been told by a commission man that the Stock Yards company was giving out soventy pounds of hay and charging for 100 pounds, a Ber reporter visited the yards today and ealled cn My, Anderson, the fo master. Tl e reporter was shown how hay and corn s given out | hay s sold {1 not less than 50 pound Iots, and if a customer wants more than fifty pounds he must take 100 | pounds. All the hay is weighed and tagged Dbofore boing sent out. 1 a balo is too heavy, some is cut off, and if too light an ad ditional bunch Is put on. So the hay busi- 1eSs i3 now being conaucted to the satisfac | onof all. The corn is given out by the | basketfull, and by ropeated tests it has been shown that eq not more than one *h basket weighs fully if ishel, It was openly stated by several commis- sion men last *uig chants were o ures asking ht that the commission lating a petition for stock yards com- An effort was © by the reporter to find some one who had seen the petition, but no one could be found last night e IN OMAHA NEXT. thoe | pany to doposo Mr. Babeock Catholic Knights Amerlea to Astembdle Here in 1895, At1o'clock this morning ved the tollowing telegr Cieaao, 111 Ty Rek: 1 the Tne Bee re- & m from Chi the Fditor of totting Elkhorn Farmors and the Canal 8¢ Ground has beein broken on the tom one mile west of Ilkhorn, on what ** falo” Jones all to be the greatest of all the Platte | M ginoc Wl gives out the information t his company will parallel the De. Miller s vey from a point near Arlington to the klk- horn cut, where ono lon a team of superannuated cow ponies work on the venture, e Jones scheme contem- plates crecting a power house on the Flk- horn river three miles south of Elkhorn vil- lage and transmitting power from there to Omaha and surrounding towns armers ana land owners along the route of Mr. Jones' proposed waterway are not en- thused over the scheme. They scent a large sized rodent, and are not at all backward in suying so. They de are not indis- posed to favor Dr. home and would aceept nominal damages for their land taken for that canal, but when it comes to giving up land e canals they object and will mai ht against it riv Murt in o Runa In a runaway which oceurr y d on Twenty fourth street, near Lake, last evening, Mr: Waldron, who lives on Erski rect b tween I'wenty-fourth nd wenty-fifth streets, suffered n severa contusion of the head una her friend had ler nose and arm broken. ca g B Divector Leech Resigas, Wasnixaros, D. C. May 12 —Edaward O. Lecch, director of the mint, has resizned to owe cashior of the National Union bank ew York to be opencd June 1 Murs. Smith sued yesterda ¥ by the inspector of buildings. A, 1. Tukey, the suceessor of George W. Lininger i3 o member of the Board of Park Commissioners, took the oath of ofice vesterday. Tukey departed for Chicugo in the nd will be absent from the High Tem; Wasnivatox, D. for Saturday: For ) Fair; contin- ued high temverature, followed Sunday morning by cool, variable winds. For Tlowa—Fair; warmer; winds. For the Dakotas— Fair; slightly warmer cast: cooler west, variable winds, becoming northwest. northwest Local Record, Oprice or te. Weatnon BUReAU, Onana, May 12.—Omaha record of temperaturo and rainfall, compared with corresponding day of past four years: 1893, 1892, Maximum temperature, 782 540 Minlmum temperature. 512 43¢ Average temperatu 642 482 Precipitation 3 00 .17 statement showin perature and precipitation aud since Mareh 1, 1 sl temperatire Ixcess for tho day.. .. Deficleney simee Mareh 17 Normal preciplt Deficiency for th Excess since Mareh 1 Reports from Other 18911890, 710 68 i85 470 602 OHRT 00 4 .63 inch Polnts at 8 p. -1 | I B ‘ 3 iz atl s H Al 2 Go STATIONS. Al e sz | § ; 280 38 i Clour. North i1l Cloar. Kearney A Clear, Chieago . ‘02| Cloudy. St Louls. 09| Clanr. St Paul . ondy. Davenpori art clouds sns City . Donver ... alt Lako Cily id City.... onn Bixmarck St. Vineont. Cheyenne 00/ Part cloudy e[ vart cloudy 0/ Cl L clondy | Clonr. 00| I'art cloudy | | | S| Wl E. HUNT, Local ¥y st OMicial, Hood’s Cures Biss Edna Liyle Chamberlain, Bouth Dakota. Works L_i_kg Magic Rheumatism —internal Pains and Aches ~ Perfectly Cured “ 1 must say that Hood's Sarsapasilla works lke magie. 1 havo for two years been very seriously troubled with rheumatism, suffering intouse piins and aches, I tried all tho remo- dles I could get, Lut all falled, until, having heard so much about Hood's Sarsaparilla, I thought [ would try it. The very Grst botte did mo & great deal of good, and I thought I must continue, I have been usiug Hood’s Sarsaparllla regularly, and am now as well ue onyone.” Miss Eoxa KyLe, Chamberlaiu, Bouth Dakota, Hood's Pills cure liver ills, constipation, villousiaess, jaundice, alok hesduche, tadigestiow were is- | FOR ALL WOME} | The Unusual Ex?tlun in Spri Cleaning, Irritability and Nervousness Show ¢ Overwork, Languor aml_ ?Ired Feelin That Often Comes. Low Nervous Tone That In vites a Host of Disorders. covery of Health. The tradition of spring cleaning ha got such a hold upon the careful hotse wife that nothing but downright sicl ness will prevent her und king it It is a fearful amount of unusual oxe: tion which she undergoos in this tops turvy scouring and cloaning. Her preido and thoughts of her neigh bora, however, urge her to oxertion be youd hersteength, And very soon she feels the reactio excessive irritability and nervousnes MRS, RIBL show the overwork. 7This wearand {ear of spring cloaning, unfortunutely, isad- ded to a languorand tired feching that often comes at this senzon 4 And the tired-out bod vous tone invite a host of di | affect various purts of the body. How far poeumonin and other acute | and chronic disorders have their origin in nervous exhavstion we do net know; but the more we do know the more close does the connection seem, ‘ [t is pretty sure that a reduced stuate of health and weakness of body allows | the weunkest spot to be attacked with slight resistuance. ‘The blood should not ereep along, but mova zetively, liko the efticicnt middle- | man that it is, between stomach and tis- sue. Nourishment should be prompt, full and just vo brain, nerve and tissue. The ease of Mrs, Gladys Riblett of Peorin, 111, is to the point. She was sick and weak and tired. She aid what thousands have done, and like them sho is now strong and well. She writes: “For more than 12 years [ have been a most miserable sufferer from female weakuoss and although we had a family physician engaged by the yoar 1o trout our i he seemed todo me no good. I had great trouble with my lungs and last year was advised to sock a change of elimate or elso prepare for death, as I was rapidly contracting consumption. T | | weighed but 83 pounds when six months . | ago 1 began the use of Pune’s celery ! compound by the advice of a triend who had been cured by its use. w “Po-duy I can tew all day, do a hard washing and all my housework, and sleop as swoetly us a babo, and arfso in the morning re: froshed. Six bottles of Paine’, compound was all [ needed to completely cure me, and instead of dying, as predicted, I now weigh 145 pounds, and excopt o sli soreness, which can hardly be called a puin, my lungs are all right, and s T shall keep on using the compound, T foel assured of my health and comfor in the future. i “1 wish tho women of Am a migl fully appreciate the great henefits ob tained by using Paine’s celery compound, I shall never ¢ to feel thanlkful fol having been induced to use Puine’s col- ery compound, and if my latter wiil help! you uny youare at liberty to use it.” ' DELAY IS Dangerous Do you value your eyesight? It so, call and isu't Prof. Hirsehherg,the re- nowned New York and St Louis Eye Fxpert, has consentod to again visit Omaha. May to 27, and have your eyes fitted with a pair of his celeb) | Non-changeable Spectacle Max Meyer & Bro. (o, Sole Agents for Ommaha. CONSULTATION VK The Mereer. OGmaha’s Newzst Hotel (OR. 12TH AND HD VAR 311, (A Rooms at 82,50 per day. (U1 00w 8L §3.0) por dar. {CReoms with Bath at §1.9) partvr. Ulooms with Bath at35.0) Lo 343) 9or 14y | | By 1.1 | OPRNELD AUGUST | Moder Y 1sh In Every he: Newly & C. 8. ERB. Pron. The Midland Hotel NOW OPEN, Cor, 16th and Chlongo Ste, Opposite Jefferson Square First oluss In every rospect. Bulldingend furniture cutlrely now Awerioan plan, §2.00 por day, European plan, 81.00 per duy. Specialrites by the week M. J. FRANCK, Prop. ;4 ulshe Throaghous Write fur ¥ “~siors L