Omaha Daily Bee Newspaper, July 15, 1893, Page 5

4 > * - 4 - would be simply compensation for ) l s MR. CARNEAU NUST SUBMIT His Applioation for a Writ of Mandamus Denied by the Supreme Oourt, AUDITOR MOORE'S POSITION IS HELD GOOD All Clnimye Agninst the State Must De Pre- sented with 1temized Bills--Unffeoos- sury Personal Expenses Will Nov e Pald—The Deelsion. Lixcory, July 14.—[Spoecial to Tue Ber.)— Commissionor General Garneau today ap- plied to the suprome court for a peremptory writ of mandamus to require Auditor Moore 10 issue a warraut for 5,000 to meet the cur- rent expenses of the siate exhibit at the World's fair. Tho application was heard in chambers by Chief Justice Maxwoll and Justice Norval. The commis was represented by A, J. & eity, whilo Assistant Attorney mers appeared for the auditor. In his petl. tion the commissioner general sots forth that he was appointed to his office by the governor of the state in pursuance of an act of the recent legislature, which set aside the sum of §35,000 for the purpose of presenting the rosources of the state at the Columbia position; that the auditor had alveady drawn warrants for the sum of £55,000 without any question and that there is still unexpended the sum of 2 On July 8the commissioner general presented an estimate for §,000 for the purpose of paying current expenses, but the auditor refuses to draw his warrant for the amount. The commissioncr genoral insists that without money it will be impossible to matntain the state exhibit. He, thercforo, asks for a peremptory writ of mandamus, Briof Arguments Heard, The cqurt listencd to briof arguments from both siaes. Mr. Sawyer made no olaborate presentation of tho case, simply contenting himself with calling tho atton- tion of the court to the fact that up to the present timo the auditor had drawn the warrants without question. He also claimed that was tho manner in which the 200,000 ap- ated by tho legislature two years ago cliet of the drouth sufferérs in the n part of the state had heen expended. not claim that these cases could bo roferred to ns authorjties, but contended that they at least furnished the auditor with a precedent that would have enabled him to have drawn tho warrants for the commissioner general without mcurring any sibility. nt attorney general based his argument upon the prov found m sections 4,302 and 4,903 and upon the deeision of tho supreme court in_the case of tho state aga Babeock 224 Ne fon of the statutes re- forth that “all claims treasury of any warrant shall * be vayment of the same. shall be examinod and_adjusted by the auditor of public unts.” In the case of the stato agamst ock the court decided that oven when an approprintion was made by tno legislatura for a_certam specified purpose tho responsibulity for the proper adjustment of the claim still rested upon the auditor. Denied tho Writ. The coyrt late this afternoon denied the writ askéd for by the commissioner general. The opinion was written by Chief Justice Maxwell, and after citing the facts as set forth fn the potitionand answer says section 9, article ix, of the constitution provides that the legislature shall provide by law that all claims upon_the treasury shall be examined and adjusted by the auditor and approved by the secrotary of state before any warrant for the amount allowed shall be drawn; provided, that the party aggrieved by tho decision of the auditor and secrotary of state may appeal to the district court. The construction of this provision of the constitution was before this court in State vs Babcock, 22d Nebrs that case the legislature had p: 1o provide for paying the expenses incurred in the prosecution of Olive for murder. The court held that the constitution requires that all claims upon the state treasury must be examined and adjusted by the audiior and his action approved by the secretary of ate before y warrant can be drawn therefor, and this provision applies to all clsims, whether claimed by virtue of a spe- cific appropriation or not. Rexponsibility of the Auditor. In State vs Moore, 54 Northwestern Re- porter, 806, this_court held thut the original vyouchers must be presented to the auditor for him to act upon. This seems important in order that the auditor may determine the claim s one for which the legislature has pro- vided an appropriation. If it is not, it his duty to refuso to draw a warrant. The auditor draws every warrant at his peril, and if ho draws a warrant without authority of law, he and his sureties are liable for the same. This would secu to be fmportaut in this case. A num- ber of claims are presented to the auditor that are clearly for expenses. The relator is paid o salary of £2,000 & year; ho is aiso ontitlod to his traveling expenses, In esti- mating traveling oxponses, however, thoy oin, Trom his home to Chicago, and from Chicage t0 his home. If in the meantime he desires to return home and from thence to Chicago, he must do so at his own expense, The trip being for is own convenience must be at bis own expense. Must Have the Vouchors, The original vouchers must in all cases be sent to the auditor; the commissioner should approve the same before sending them. The auditor will then have the evi- dence of the debt before him and will know whether it is such a claim _us the legislature has provided an_appropriubion for. If it is, his duty is to draw a warrant; if it is not, then he should refuse. He s mob to draw & warrant upon mere ‘estimates and as the application in this caso Is to draw upon mere estimates the writ of mandamus must be refused, It may be suid that this will occasion inconven- ience by causing deldy in the payment of claims, but not nccessarily so. Lincoln is but sixteen hours from Chieago, aud — olaims sent ono day can bo returned not later than the third day, 80 there will be no great delay, Inany event, the constitutional provision upplies to all claims, including claims 1 question and the construction heretofore placed upon the rmvis(un must be adhercd to, ‘lhe writ Is denied. Mukes a Big Report. ‘Tho annual report of the State Board of Agriculture was issued from the press today and the first copies dolivered at the oftice of the bourd at the state house. The report contains much more matter than for any provious year in the history of the state ns- sociation and s replete with statistics show- ing the agricultural wealth of the state, It shows that Nobraska bousts of 1:5,276,442 acres of improved farming lands, worth on an avorage for the purposes of assessment per acre, or, in the aggre- $40,357,708. The unimproved lauds listed at 13,645,800 acres, worth £30,800,504, or an average of $2.97 per acre, Of the cultivated lauds 1,220,665 acres weore planted to wheat last year; 8,081,754 to oorn; 1,170,085 to oats. The state can, if lllulmnd into war with uu{ of its neighbor- ng commonwealths, furnish an army of 640, 085 cavalrymen with horses and in addition supply the wagon trains with 44,024 mules, while the commissary department could be supplied with 643,174 head of cattle and 1,200,433 head of hogs. Aside from its sta- sistical features the report contains articles from the state moteorologist, the botauist, eologist and entomologist. The volume i3 lustrated with a choice collection of wood- suts showlig the picturesque grub wora and other native insects in all their various coaditions of sickuess or health. Gosslp at the Stute House, Ex-Speaker Elder was a callerat the state houso this afternoon, but insisted that his visit had nothing to do with politics. Senator Lowley of Seward transacted by ness with the elerk of the supremecourt this morning. ‘Lhe case of Jennio E. Glass against G, Q. Zutaven and others, from Johuson county, reached the suprewe court this morning. Another Johnson county case filed with the clerk of thoe supreme court this afternoon was that of . M. Chamberlain against the “vity of Teoumsch, The case arises out of the moral Sum- OMAHA DAILY BEE: SA action of the city authorities of Tecumseh In rl\'okmq A saloon license issued to one Henry Frost. The supreme court decidod that the licenss was {llogally issusd, Fross claimed A WAiance of #3295 from the city and trans. ferred his elaim to Chamborlain, who sued the city and obtained a judgment for $166. No! tisfled with this amount he comes to the supremo court in an effort to collect the amount of the original claim, State Superintendent Goudy has just re. turned from Boyd county where he attended the first teachors Institute ever neld in that county. He reports that, although the county has been organized less than two years, it already has fifty sohool houses and fifty-four ll‘hO"{l“ll{ll‘l!. Thirty teachers were in attendance at the institute. ‘The vacant rooms of the lisutenant gov- ernor's suite are occupied today by T. M. Marquette and a corps of stenographers, all busily engaged in taking depositions in case In which some parties in South Dakoka sue the B. & M. railroad for 865,000, There areabout fifty witnesses to be oxam and as the court rooms in the Lancaster county court house are closed for repairs, the lieutenant governor's quarters at the state house were used. No Panio In Lincoln, The announcement that the Nebraska Savings bank had been compelied to close its doors failed to creato anything that even approached a sensation, and but_little com- ment is heard on the strects. R. H. Town- ley, clerk of the State Banking Board, has been making an examination of the books of the institution, and until his labors are com- pleted the exact condition of the bank's affairs cannot be definitely announced. No one believes, however, that the depositors will be called upon to suffer the loss of a dol- lar, us the stockholders are abundantly able to make good any shortage occasioned by a shrinkage of assets. With a very few possible oxcoptions all the stockholders ave in a position to meet an ssment without any serious incon- venience. Of the 2,500 shares of the bank’s stock 830 were held outside of Lincoln, Of the balance the largest amount was held by R. R. Tingley, O. ingley, E.R. Tingley and John Taylor. Their holdings aggregute 877 shares, Upon these four members of ono family and the eastern shareholders will fall the greatest portion of the loss ocasioned by the bank's failure. Collecting the Capital Assessment. Kent Hayden, receiver of the defunct Cap- ital National bank has commoneed an action in the probate court against the estate of W. W. Holmes to recover the sum of 15,000, The late Mr. Holmes was a stockholder in the bank and held 150 shares. In his peti- tion the receiver alleges that the bank stock is a part of the estate, and that it has never been divided or distributed among the heirs and that it is therefore sub) scssment of 100 per cent r tho con ller of the currency. Receiver Hayden is making slow progross in collecting the assessment made upon the stockholders by the comptroller of the cur- rency and it is almost certain that suits will have to be commenced agaiust many. The as- sessment of 100 per cent on the stock of the banlk should realize 300,000, but it is stated upon excellent authority that less than $10,000 has been actually paid in, The creditors of tho bank are criticising everybody who has had any connection with the bank for not taking” steps sooner to collect the assess- meut. Many of the stockholders have placed their property beyoud the reach of the receiver, while others who are willing to pag their assessments promptly ure unable 10 o 50 because of the prevailing conditions in financial vircles, Killed by Lightning. William Lawrence, a farm hand employed by Edward Hollenback threo miles from Raymond in the northern part of this count,, was instantly killed by a bolt of lightning last evening. With anumber of compunions he was employed in the harvest field,when o ter- rific storm came up. The entire party started for the house, and when within a short dis- tauce from shelter the bolt descended, strik- ing Lawrence upon the head and passing en- tirely through his body. He was terribly burned, the flesh being torn from his limbs, and even his shoes burned from his feet. Death was instantancous. His companions suffered no more thun & slight shock. Law- renco was a young married man who had been employed by Hollenback for number of months, and bore an excellent reputation. Lincoln in Brief. Chilef,of Police Cooper want to Kearnoy to- day ‘with young Alfred Nowherry, one of Lincoln's younger citizens who scems bent upon becoming & professional crook. He will be placed in the reform school until his questionable ambition is somewhat curbed. The Lincoln national banks have received a call from the comptroller of the currency for statements of tho condition of their respective institutions at the close of busi- ness on the 12th inst. Judge Chupman of Plattsmouth is in the city this afternoon. “The Bimetaliic leaguoe of this city is mak- ing preparatious for an extensive blowout on the 21st inst. The meeting will be held on the state house grounds and invitations have been extended to Senator Munderson, cx-Senator Paddock, John M. Thurston, Congressman Bryan and Senator Allen, Charles Dolan, the man who attempted to kill Albert Bisler at tho Shakespearo sa- loon in this city yesterday, was taken be- foro Judgo Waters this morning and held for preliminary examination on next Mon- Ho asserts that he romembers nothing. whatever about shooting Eisler and claims that he would rather have killed himself. Ho attributes his crimo to whisky, Fremont Notes and ‘sonnls, FuEMoNT, July 14.—[Special to Tie Bre,]— " Mrs. Willson Reynolds returned today from her extended visit in Charleston, W. V: Chief Justice Maxwell has gone to Lincoln to attend & specia) session of the supreme court, Mrs. H. W. Coley, who died yesterday at the age of 52 years with paralysis, was buried this afternoon. Rev. H. W. Tate, pastor of the Baptist church, conducted the funeral exercises. Carl, the 16-year-old son of Mr. and Mrs. A. 0. Noreen of this eity, died this morning at 8:30 o'clock. Although he has been con- tined to the house wost o the time for the past four weeks, his death was unexpected, cven to his parents. This is the second death among the pupils of the Fremont High school this week. Fa From Kuallerton, FULLERTON, July 14,—[Special to Tiz Brx, | —Physicians toaay removed the pistol bullet from the head of Doputy Sherift Bake, who was shot by oue of the mob that attempted to lynch murderer Debany, Mr. Bako is re- ported by the physicians to be,in good spirits and will probably recover. : Atu meeting of the Hoard of Education last night Prof. “Stovens was chosen priucipal; Miss Millet of Mt. Clomens, Mich., grammar department; Miss Boculoy of Scarsboro, 1., intormediato department Miss Alburtson, this city, second interme. diate; Miss Kellogg, Clarks, first primarys and Miss Palmer, this city, second primary The first issue of the new papor, tho Fulle ton News, made its appearance today, 1t 15 4 neat, well printed six column quarto, Newman Grove Odd Fellows. NEWMAN GROVE, July 14.—Special to Tus Ber. | —The following ofilcors of the Newman Grove lodge No. 199, Independent Order of Odd Fellows, wage installod last night, after which they were'entertained and banqueted ; Noble graud, J. A. Wright; vice grand. Christ Schoolend ; right support noble grand, Jumes McKay ; loft support noblo grand, . J. Frohm; right support vico grand, Lew Younw; loft wupport vieo krid, " Alford Soare; warden, K. A. Barrett: conductor, Andrew P. Ander: rs01; 1nside guard, ; outside guard, Peter Johu- Drowned While swinining the Blue, Hesuox, July 14.—[Special Telegram to Tus Be)—Alva, the I6-year-old son of Moses Simpson, while attemptiug to swim across the Littlo Blue river this morning, was drowned. His father and others upon the bapks were unable to render him as. sistance. The body was soon recovered, but lifo was extinet. ‘They came here last night fora few days fishing. The remains were shipped to Chiestor this evening for burial. Nebraska Farn Killed, Faws Crry, July 14.—[Special Telegram to Tus Bes.|—This morning whilo engaged in stacking hay at his farw, elght miles northeast of this city, Fred Fiuck, an old resident of this county, was instantly killed by tha falliag of two ‘uprights used in the stack. e Ealloon tonight and tomorrow night. NEBRASKA CROP CONDITIONS Resnlts of Reoent Rains in Difforent Parts of the State. CEREAL PROSPECTS IN ADAMS COUNTY Farmer's Family Near Oscoola 1as a Nare row Wscape from Death During ‘Wednesday's Storm—Father and Children Injure Hastixes, July 14.—([Special to Tne Ben.| The intensely hot weather of the last five days has ripened all crops wonderfully. Harvesting of oats and wheat has begun,and in general theso two cereals will bo a light ©rop. Insome places wheat will run thirty- five bushels to the acre, but this will beonly in spof ".f isof a good quality and is maturing well. Corn neyer appeared botter, and in the last week has grown almost unprecedentedly, OscroLA, July 14.—[Special to Tre Bre.]— During a thunder storm last Wednesday evening lightning struck the stabie of Reuben Burritt about four miles east of town, tore it to pieces and destroyed con- siderablo property. Mr. Burritt, son and daughter were near the stable at the time and were knocked senseless and thrown to the ground, but have entirely recovered. STERL] llllf' 14.—[Special Telegram to . 1. Bales, R. R. Reid and F\. R. Renshaw bought a quantity of powder this afternoon and commonced firing two canngns to compel the heavens to give up their moisture. After about one hour of bom- barding the clouds appeared and thundor was heard, and this gave encouragement and bombarding continued with good results. The third good shower s passing by at 7 o'clock and the heavens are still black with clouds, with strong indications for a night's rain. The bombarding is still continuing and_everybody is happy to see the badly needed showers with good prospect for more. Henrwax, July 14.—[Spocial to Tre Bre.]— Crop prospects in this locality were never better than at present. FULLRRTON, July U (Spocial to Tu Bee.]—A heavy rain fell here last night. Interested In the Silver Situation, Frexoxt, July 14—[Special to Tuk Brg.|— A call has been 1ssued for a mass mecting of all political parties in Dodge county to be held in the court house in Fremont Monday evening, July 24. The object 1s to organize a bumetaliic league, and listen to a presonta- tion of the issues in which tho west is now vitlly intorested. Congressman Bryan, Umted States Senator Allen, B. K. Brown and I M. Raymond of Lincoln are expocted to be'present and take part in grinding out silver eloquence. Settled the Shortage. O'NemL, July 14.—[Special Telegram to Tus Bre.]—About eight months ago the board of supervisors employed an expert to examine the accounts of all ofticers and ex- ofticers of this county. A few months ago he reported ex-Treasurer A. J. Meals short $10,800. The board was in session today and the bondsmen: of Mr. Meals made a proposi- tion to the board to paysover £300 to the county and have the board release them and Mr. Meals from further obligation. The board accepted the proposition by a vote of Herman Notes and Personals. Herwmax, Neb., July 14.—[Special to Tur Bre.] —Sixteen members of the Knights of Pythias order met last night, and in spite of their §700 loss by fire prepared to securea new hall. Arrangements are being perfocted whereby Trinity lodge ivo. 182 may yet retain the stuncard among the lodges of the states that. she has so long held. Mr. and Mrs. Steele and family left today for their old home in Ohio. Disgrace Unbalanced Mer Mind. Lixcowy, July 14.—[Special Telegram to Tue Ber.]—Mrs. Lona Browa, a young mar- ried woman living at 1758 Holmes streot, was takew to the asylum for tho insane today. At the last term of the distriot court her hus- band was convicted of forgery and sentenced toone year's imprisonment ~in the veniten- viary. The disgruco, together with ill health, unbaianced her mind. — ONE FARE 10 THE FAIR. Action Taken by the Big Four—Other Roads H Will Follow Sult, Cm10AGo, July 14.—The Big Four has set a pace in the World’s fair rates that prac- ticully settles the fact that the regular rates in the Central Trafie association territory will be one fare for the round trip to the fair. It has been announced by Charman Donald of the association that, commencing July 15, and continuing each day during July, it will inaugurate a series of daily excursions, ono fare for the round trip, the tickets to have a ten-aay limit. The tickets will be good on any regular train. This action is a clear vio- lation of the agreement on World’s fair rates. ‘The association officials this afternoon were forced to issue a permit to all roads in the Central Traflic association terr malke the snmo rates as the Big Four wher- ever the businessof that road comes in com- petition with other lines. This will make the one fare on regular trains good over all the Central Traffic association territory. The action of the Big Four is believed to be in retalistion for the cut tickets of the Pennsylvania, which the brokers are said to be handling at Columbus, Indianapolis and Louisville, Several of the eastern roads have issued rate sheets pasod on the recent reductions made by the transcontinental lines, notwitn- standing vhe fact that the Central Traffic association decided not to use them for bas- ing purposes. T AWUL ELY, Another Feature of the Homestead Polson. ng Case. Prrrspura, Pa., July 14.—A story Is pub- lished this afternoon to the effect that P. J, Gullaghor, one of the cooks in the Curnegie fron works at Homestead during the sioge by the strikers, whose confession led to the conviction of Hugh Dempsey, district master workman, for Instigating the powonivg of nouunion ' men inside tho stockade, has mado auother confession, in which he declares Hugh Dempsey innocent. David: other cook, corfoborates Gallagher's ment. They declare they put up the job in order to secure immunity for themselves, veing half frightened and half coaxed into it. Tho latest confessions, it is_said, impli- cate o number of people, and when fully re- vealed will prove u tremendous sensation, Dempsoy’s attorney will briug the case be- fore the board of pardons. —_—————— Strangled to Death, Adam Benedan, who resides at Seven. teonth and Capitol avenue, died yestorday afternoon verysuddenly, Hehad arisen in the morning, and, not feeling well, concluded w stay at hone. After dinner he went into u‘n:( bath room, and while there was taken sick. He leaned oyer to vomit and fainted or was overcome from some cause and fell into a bowl connecting with the sewer, strangling to death. He was found soon after but life was oxtinet. Coroner Maul was notified, and after in- vestigating the case concluded thatan in- quest would hardly be nocessary. Mr. Benedun was shipping olerk at Riley Bros', Farnam Street Liquor house, and hus been employed there since last No- vember. The firm speak highly of him and 8ay he was at work the day previous to his death. The deceased was sbout 40 years of uge and leaves a wifo und one child, R — Nicaragua Cansl Affairs, NEw Youk, July 14.—President Warner Miller denled the report that the Nicaragua Canal company had stopped work. He said, however, work had been curtailed owing to the financial stringency. Heury Starr to ludian Territory, Dexver, July 14.—Heury Starr, the Indian Territory outlaw, snd his companion, Kid Wilson, started for Fort Smith, Ark., last uight, where thoy will be tried’ for murder harwe of Depeky UBiten Sraves M1 charge of put; State: Ars| Brown and the -{lm» b’"?\m Smith and were securely shackled #ogethor and had irons on their anki JThere was some secrecy about t! OPATture, as it was feared that Starr's wifd, ‘With some of his old gang, may arrango: for an attack to rescue the prisoners. Piies of people have pilas, but Do Witt's Witch Hazel Salve will btfl%‘lhmm “TUDGE" GANNON'S HARD LUCK. The New York Heratd Tells iow Nebraskn's Irish-Amerioan Wi Turned Down, New York, July 14.—{Spéoial Telegram to Tie Bee.]~The Herald ®uys: Serious dis- affection among the members of tho Irish- American element in the democratic party is threatened bocauss of the failure of the president to recognize Judge M. V. Gannon of Nevraska. Judge Gannon is very well known in this city. Ho s distinguished in his profession, but with nothing of tho Dblusterer about him. He has long since been ono of the most conspicuous Cleveland men among western democrats and was the leader of the Irish-Americans on the democratic side in 1802, Friends of Gannon say Dickinson took the judge to see Cleveland, explained to him what ho had done and they say Cleveland said he would be glad to sce that such a distinguished Irish-American had recognition from the party. Inquiry, however, developed that a protest had beon signed by John Devoy and two other recent republicans. The appointment of Porter of Teunessee as minister to Chill followed, and it was stated that Judge Gan- non was not given the place because of the protest. Cleveland's friends looked foolish when Gannon's supporters caused to be laid bofore them the proof that Devoy was a strong ropublican in 1883 and was an organ- izer of the anti-Cleveland Irish-American league. The chief grievance of thoso protesting seems to have been that Gannon would not take sides in the controversy which grew out of the murder of Dr. Cronin. He had declared in tho hearing of Devoy that he did not think Alexander Sullivan was the mur- derer. « When the fact that rapublican influeace nad interfered became known, friends of Cleveland said they would try to get Judge Gannon the appointment' of minister to the Argentino Republic. There was a further delay. Then Secretary of Agriculture J. Sterling Morton of Nebraska made inquiry and reported that Cleveland had decided not to appoint the judge toany position, but that the government might employ him in cer- tain lawsuits in Nebraska. Gannon's friends want Secretary Morton to make a public statement of the influences which lod to the defeat of the judge and throw more light on the mystery. Plies of people nave pies, buv Do Witt's ‘Witch Hazel Salve willeura them. s ey FIVE VICTIMS BURIED. Remains of Eight Who Perished In the Falr Holocaust Lild to Rest. Cnicaco, July 14.—Tho woather is still hot andstormy at the -World's fair grounds in spito of the storm of lastnight, but never- theless it is . estimated that 50,000 people wore in the grounds before noon. Large quan- tities of disinfectants were sprinkled over the ruins of the cold &tordige warehouse to keep down the stench. No moro bodies have been found yet, though'the oficials in charye of the work believe. from the odors in the neighborhood of the (base of the smoke stack that more will be found there when they succeed In getting the tangled mass of pipes and machinery cleared away. The funeral of eight of the victims of the fire took place this ““afternoon. The funeral car was '‘d¥fwn by oight black horses escorted’’ by & body of firemen, Columbian guards, army ofticers. police and @xposition officials. Cathollc services wero ‘held at the Holy Cross church and protestant services at tho cemetery. The French scction of the fair today cele- brated tho anniversary of the fall of the Bastile with short speeches and other ap- propriate exercises. it Piles of people havo pites, but Do Witt's Witch Hazel Salve will cure them. —_—— WHEN THE BASTILE FELL, Parls Celobrates the Anniversary Quietly— Anurchists Threnton to Burn the Clty. Pants, July 14.—This s the anniversary of the fall of the bastile. .It is usually ob- served with much rojoicing, but this year it was very tame on account of the feeling en- gendored by the recent riots. Anurchists are posting incendiary placards which the police are tearing down. The anarchists have been making threats to the effect that thoy would burn the city today. Itis not believed, but the goverument is ready for them. Ay Councilman Frince's Position. In a recent issue of Tue Bee Councilman Prince was quoted as saying “that the dif- ference in the interest on city bonds from 414 t0 5 per cent would be about $750 per year and that the best plan would be to pay that amount to feed and clothe possibly 100 poor families during the winter.” Mr, Prince was unintentionally misquoted on the subject. His true position 1 the matter is strong advocacy of a change in the interest of the bonds from 43§ to 5 per cent, in order that they might be floated as quickly as possible, aud thus banefit labor- g men with employment on public im- provement work. He argued that it was 1ar better to pay the difference and give tno workingman employment than to have the city be compelled to feed hundreds of vpoor familles during the coming winter, because of the withdrawal of public improvements and lack of employment, Missouri's Coelebrated Onase. KaNsA8 Crry, July 14.—The Star's Osceola Mo., special says: The St. Claire county court has ordered an clection to be held Tuesdny, August 19 to'dispose of the long pending railway bond indebtedness of 900,000 inourred by tho county several years ago and which has been the cayso of thrice send- ing two of the county's’ Judges to jail for ro- fusing to levy a tax.fopay the indobted: ness. The propositio comprsmiso the indebtoduess on a baxis'of fifty cents on the dollar, as muommandsd’?"!ud @ Phillips, be- fore whom the judges wékditried, the Ful An effort is being made by the Commerolal club to secure the fund; 16ft in the treasury of the Personal Rights loague. As previously published:in Tue Bee, a committoe, consistivg of By E. Bruce, Fred Krug, Charles Coe and arles Metz has been appointed for the-purpose of seeing whether or not the fundsdivquestion can bo diverted. This commigteais now at work and will soon report the:result of its in- quiry into the subjeot. e ——— Indioted for Cutting Rutes Secretly. WasuingroN, July 18.—The Interstate Commerce commission confirmed the report from Tacoma, Wash,, that President Van- horno of the Canadlan Pacific and several local agents of the road have been indicted by the grand jury for violations of the inter. state commerce act in makiug a seoret cut in passenger rates. End of B Rebel oported. Loxpox, July 14.—A private cablegram says the insurrection in Grande do Sul, Brazil, has boen quelled aud the blockade of the city of Rio Grande by Admiral Wanden- kolk raised. The aispatch is not confirmed. COAL DEALERS WIN TIE CASE Judge Ffoott Renders a Decision Declaring the License Ordinance Illegal. SCHOOL FUND, HBWEVER, IS PROTECTED Text of the Judiclal Deeclslon—Tack of Authority of the City Quoted-System of Tuxation Criticisod in Pialn En Itsh Without Trimmings. Judge Scott rendered a decision in the case of Robert McClelland et al, against the City of Omaha et al yesterday. It will be of interest to coal dealers in particular and the public in general. It was & test case as to whether or not tho $100 license for coal dealers was logal. The opinion is an exhaustive one,and after reviewing ordinance 2, 754, passea on June 9, 1801, the judge carefully covers every feature embodied therein. In substance, the opinion as renderod is as follows: As o System of Taxation. “Such a system of taxation is wrong in principle, evil in its tendencios, dangerous to human liberty, at war with the genius and spirit of our government, its tendency being to plase the business in ' the hands of the fow, thus creating o monopoly. Nor can the ordinance be sustained as o police regula- tion. As stated above,the city caunot im- pose such an amount for a license to raise & revenue or which results in raising o rovenuo, “The occupation being legal, needful and useful and in no way endangering lifo and health nor violating any principle of public morals, all the city could in any case exact as a licenso would be what would be reasonably necessary to pay for Issuing the license and officially inspecting the weighing appliances at such times as tho public good may require. When it is remem- bered that the total amount of receipts for licenses on sixteen different ,ocoupations in tho year 1801 was §17,076.05 and_for tho yoar 1802'was $12,401 it will bo seen that a grout rovenue is aunually accumulated from this source alone, Tald Under Protos “In 1891 the conl dealers alone paid in under this-ordinanco $6,700 as liconse fecs for 1800 and 1591. And 'what fort 1t cer- tainly will not be claimed that such an amount is necessary to pay for issuing the licenso and for " official _inspection by the license inspector. Not ono dol- lar of this monoy could be used legally by the city, but every farthing thereof, without diminution or rebate for ex- penses must be paid into the school fund. It was not, therefore, collected todefray the expenses of granting the license or inspe tion by the license iuspoctor. 1f the ordi- nance in question cannot bo sustained be- cause the money arising from the licenso was either intended to or does necessarily raise a rovenue, nor because the amount re- ceived under it caunot be used to pay the ex- ponses attending the licensing of the oc- cupation, that it cannot be sustained at all. Oftspring of a Coul Combine. “It is quite apparent that this ordinance is the offspring of a coal combine in this city not for the purpose of subserving the public good, but to drive out of the trado small dealers and creato a monopoly in the com- bine, the practical effect of which is to starve out the little dealers and feast and fatten the rich ones, Such a_policy is per- nicious. One witness testified that it was necessary in order lo keep people out of tho trade who would cheat in weights, 1 have yet to learn that a man’s ability to pay a license fee of $100 made him any more honest than the man who was not ablé to pay that sum for a permit to sell coal. Doclared to De lilogal. “I find the ordinance in question to bo illegal, void and of no offect, and that the 8100 collected from plaintits was without authority of law; that having paid the same under protest and as an immunity from illegal arrest, plaintiffs are entitied to re- cover tho same back from the city of Omaha. with interest. I further find that the de- fendant city voluntarily paid said 8100 over to dofendant school district us a {part of its school fund and that the same cannot bo re- covered back from the school district in this action.” e Balloon tonight and tomorrow night. POWERFUL PROOF. Indian Sagwa A Reliable Remedy of Rare Value, The Professor of Physlologica) Chemistry at Yale Collego Ana- iyzes Kickapoo Indlan Sagwa-— it Is Pronounced Purely Vego- table and Absolutely free from Mineral and other Harmful Ad- mixtures—A compound of Groat Remedial Value— Nature's Cifi to Nature’s Childron. To prove that Kickapoo Indian Sagwa 1 worthy of public confidence, and that 1t is ¢ remedy of remarkable curative value, Mcssrs. Healy & Bigelow of New Haven, the egents for the Kickapoo Indian Medicind Co., requested that an analysis of Indlar Sagwa sh>uld bo made by the Profcssor of Physiological Chemistry at Yalo Collego, considered one of the highest authorities in tho country. ‘This he did and reported as follows : _“dfter a_chemical analysis of Indian Bagwa, and_examining the various sub- slances enfering into ita composition, 1 find itto be an Frtract of Roots, Harks and Herbs, of Valuable Remedial Action, with- out_any mineral or other delcterious ad- IT SAVES BABIES' LIVES, Thousands Owe Their Happinass fo Lac- tated “‘Baby, what a lovely baby!” Yes, when well fed, kicking and coo- g, breaking forth into strangost speeches, fingers and toes all motion, and eyes all wonder. But summer brings grave dangors Attention to diet is now imperative. There are diets suited to every age, to overy climate. For infants, healthy mother’s milk is the ideal fooc, but when this is out of the question, an infant food must be used that as closely as possible” resembles healthy human milk. Theexperienco of yoars has proven that tho best substi- tuto in the world is lactated fooa. Its basis is the same. as that of mother’s milk, that is, sugar of milk; and with it are combined the nutritive qualities of the great cerouals, wheat, barley, and oats, so prepared as to bo readily digested and assimilated. The addition of the salts found in mother’s milk mukes Iactated food per Jittle Mollie Ward. whoso ture is given above, is the charming daughter of Mr. M. P. Ward, of Providence, R. T, who writes: “It gives mo pleasuro to advise you that oue little Mollie. is just four years old today, and our youngest little girl, strange to say, is five months toduy, both being born on the third of the month. I think both of my babies owe their good health to luctated food. It is the best food for infants who cannot en- joy mother’s milk, that thero is on the market. “*Our babies have both thrived on it and when teething had very little trouble. “I have recommended lactated food hundreds of times.”’ \ Mr. Otho L. Paine, 19 Edwin St., Providence, says: “Our baby was born Jan. 23, 1891, and he has been fed with lactated food ac- cording to directions, It has agreed with him perfectly and ho has grown like a weed, has not been sick since Lo was born. He cut all his teeth since he was eighteen months old, and today ho is a per5ect picture of health, “Of course, like all parents, we think there is no baby like ours, but I believe it is through the use of lactated food Food, that is what he is today, and I shall recommend it wherever I Knvn achanoe, Lam thankful that it was rocommended to us and for the results it has accom= plished.” M H. "I\ Holz, of Woon- socket, R. L, write Our baby was given up for lost by one of the doctors of this city, when we called in Dr. E. N. Kingsberry. He advised us touse lactated food. Wae did 80, Our baby is now eight moxths old, weighs twenty-four and one-haif pounds, and is in the Dost of bealth. We believe that lactated food saved our by by’slife,” Mrs. Danicl Brown, of Central Falls, R. T, says: I have threo of the most healthy little children in tho state, and I must say they owe their hoalth to hav- ing been brought upon lactated food, by the advice of one of the leading doc~ tors in Pawtuciet.” Irs, Walter Munroe, 111 Deane St., says: “Lactated food has s for our baby, Before us- ing it sho was down to death’s door and now is fat and rugged. It has saved hor lifel And we would recommend 1t to any one who has a buby.” Mr. John Doyle, 96 Richardson St., Providenco, says that ho triod four otherfoods and different cows’ milk, **all teying to save our oldest baby, but none of the above foods would rest upon her stomach and we were induced totry lac- tated food. It had the desired effect and she thrived wonderfully. She is now a healthy child. *“Tho doctor thought our younger baby would die, but lnctated food was his best medicine, and he improved and has growa to be a very henlthy bov. He cut his teeth in hottest weather.” Mv, C. H. Hopkins, 101 Doyle Ave., Providence, Mrs. Iannie . Loxley, 109 s Mrs. C. W. Spence, 107 ve., Providence, Mrs, William Willis, Lonsdale; Willinm R. Bur- dick, Niantic; Mrs. G. S. Shippee, Au- burn: Mrs. George I%. Hoxsie, Canon- | chet; Mrs. Funnie R. Wager, Tiverton; ¢ hundreds of other happy parents in i Rhode Isiand wrote heartfell unsolicited testimonials aftor their experionce with shis food d.uring last summer’s heat. In 1893 no household with a baby 1n it should be without lactated food. It is imexpensive, pure, incomparable. 1316 Douglas Street, Omaha, Neb. otallat tn norvous, ohron| 10 madiolno, a3 dinloma rh. lost manhood, sominal woa moreury used. N by correspondenco, cate contonts or sendor. Belvate, | Book (ysterles of Lito) sent feee. nd; stamp for olrcular, private. blood, skl nd oortiiloa 039, night l0sses and all forms of private dis W Lroatmant for 1083 0f vital powor. Modicine or Instriwoats aont by mall or o xpross socurely packd; no marks £ One poraonal Interview proferrd. Otiice hours, 9 a.m. to and urinary dlsensos. A rogular a will show, 13’ still trenting with thy great: Partlos unablo to visit mo muy bo troat ot indls Corrospondonce atrichiy 9 pm. Sundays, 10w, m, 4012 my Consulitation fre. LEXINGTON (M0.,) BARTIST FEMALE COLLECE. et Unsurpassed course of! 1 bealthy and pleas. So)ant. Gas,water, stam host 38th year opens Sept. 1ath Rev. W.A. Wilson,A M., Prea! L} mirtures.” Ho had no suggestions to ofter which could tmprove Sagwa, 83 it was & romarkably perfectcombination, and it is sate to say that Rno improyoment could be made. Thonsands of cures attest to 1ts remarkable curative properties, The health and longey- ity of the Indian Pproves the poten- oy of the Indiun's modicine. Indlan Sagwa keops Lim well. 1t you feel *“run down” or lack appetite, don't S slecp well, bave in \the mouth, pains NS 1o any part of the body, respond to the ory of nature, 7 and with Kicka- “ » Poo Indlan Sagwa N“A.ud Sy eaar>” Glosnso and for. Uty your systom and cast off sickness. - Don't delay! \ Take the remedy in season. It may save you & month's sickness, & month's 1088 of time and s month's expenses for a doctor. Remember, too, that in taking Kiokapoo Indian Bagwa you are not filling your system with mineral polson that “braces you up” for & while, only o loave you worse off then ctore. Boware of mineral medicines! They are dangerous! Thoy often kill. Remoaber, Kickapoo Indian ' Sagwa containg no mineral or other Aarmful ingredients, the bighest and unprejudiced suthority. Sngw omody for all time and for all restores the stomach, liver and ysto s state of porfoct health; and it organs are in good condition you necd Dot tear disease. Rhoumatism, Dyspopsis, Liver oomplaint, Disoaso of the Kilaeys, Nervous troublcs, Scrofuls, Erysipelas and sll blood disorders are curéd and provented by the harmlossand valuable compound of roots, barks and herbs. Kickapoc Indlan Sagwa. Cleanses, Purifics, Removates and Imvigorate overy part of the Auman system. 8OLD BY ALL DRUGQISTS. $1.00 por Bottle; @ Bostles for 86.00, fum, Modorn ap’ 9 BB poioicmonts s year. T ¥ Tratod cuiaiogue, AL A 50NV rrove i ic ngton, Mo. Oidest military achool n Missourt Healihlul loeag A tion Keasonable trms. Ly 1. 8 SELLERS. PRESERVE YOUR EYE SIGHT. —USE— L HIRSUReERGS™ o peon R BAREBEIRS. Journeymen Barbers Unior Lozal 141 of Omaha Wil hold an TING in thelr ha Puttoruon /087 At MEETLNE: 5, L't Tuesday ovoning, July It to dissuss questions of vital lmportance to the trade. Hoth L and Journeymen barbors are cordlully ir to attend. To Well Conteact i Blds will bo recoived at the office of the city clerk until July 17, 1898, at 6 o'clock p. o of suld day, 0 bore two six-inch (6) wolls and furnish two four-inch points for tho cliy. of Blair, Neb.; deyth of wells from 100 feet to 105 ame (o bo comploted by August 10, 1893, ans and spocifications on e i ofiict of E. . Fare, water conmissionor. Right rescrved 1o reject any and all bids, G, B, CARRIGA Clty Olork of Blalr, Neb. Blalr, Neb., July 9, 1893, M Jy 104 7t & Sun Jy 16 FDUCATIONAL., RACINECOLLEGE CRAMMAR SCHOOL. Puplls Board and Live in tho School. Steam leat. Spaclous Dormitor Best Sanitary Plumbing. Thorough Care and Instruction. Rates Reasonable, Fita for Collego, Technical School, or Business, Rev. &, PIPER, 8. T. D., Warden, Racine, Wis, ILLINOIS ¥ CONSERVATORY, Tl {stretion It all e mrt: wents of M iy’ 2 Arts, Elooution, Langus Ete, Add K. ¥. DULLALD, A. 3. Bupt. Jacksonviil NEBRASKA NATIONAL BANK. U. 8. Depository, Omaha, Neb, | caprTaL, - - - SURPLUS, - - 8400,000 865,000 Ofoers and Diroctors—Henry W. , R C. Cushing, vice prosidont, Yatoa, prost- O, §. LN Maurt e, Patriog’ NERVOUSPISORDERS EVILS. WEAKNESSES, DEBILITY, ETC., thit ao- company thom fn men ICKLY aud PERM NENTL Full Colling, Daci Dro s oublos. = AQre on that cured o of theas U ™ BRADLEY, Basle Creck, Migh