Omaha Daily Bee Newspaper, August 22, 1893, Page 5

* —e g = < ‘V , A > bt ——————————————————————————————————{ QUEER CASE AT LINCOLN Colotado Man Arrested for Stealing » Petrified Man, UNIQUE DEFENSE TO BE ATTEMPTED Question of Property Rights in Such & Relle to Do Thoroughly Tested ~Colorado Requisition to e Rensted. Lscory, Aug. 21.—[Special to T Bee.]— If the governor of Colorado can convince tho governor of Nebraska that a petrified cliff- dweller of the medimval ages comes undar the classitication of real or personal prop- erty, then Frank Doyle, who Is now under arrest awaiting the arrival of a Colorado sheriff, is in a sure way to go to the peniten- tiary for grand larceny. Saturday Chief of Police Cooper received 8 tolegram from J. T. Stowart, sherifft of Aspen county, Colorado, asking him to be on the watch for ons Frank Doyle, who would in all probability call at the expross office for & box weighing 230 pounds. Chiof Cooper ‘wanted more definite information and wired back an inquiry. The answer came that Doyle was wanted for stealing a potritied man valued at $300, and that a warrant had been issued for his arrest. This was enough for the chief, and, acting under his instruc- tions, Detective Malono set a close watch for the Colorado tourist who traveled over the country with a media:val stiff among his pecsonal effects. ‘The box arrived at the express office in Aue time and Doylo made his appearance ac- cording to program. He was placed under arrest at once, while the man from the mid- dle uges remained in his box at _the express oftice in a blissful state of ossification, ser. enely unconscious of the fact that the matic relations of two greatstates were soon 1o become sirained on his account. When Detective Malone viewed the ‘‘remains’ of his oldest inhabitant of the pliocene epoch he asserted with an authority. born of an in- timate acquaintance with geological human- ity, that tho man had been aead for some tme. No Inquest Consldersd Nooessary. When Coroner Crim received noti an unknown man, whose form had evidently been manzled by the weight of centuries, was in the hands of the police he at once visited the express ofiice. - After carofally that Prospecting tho remains he d 1 that tho ore was of un extremely iow grade and that it wouldn't assay enough to pay the ex- of an inquest. Ho very that an inquest was unnec { especially in view of the fact that the inter: est on his fees computed from time to time in the ary period to the present time ‘would have amounted to a considerable sum. Mr. Doyle was found by Tur Bee sentativ Bond hotel, where aying in chargo of an ofli When & as 1o the controversy over the owner: the geological gentleman of pre-glac cestry he referred the reporter to h vanco man. The agent had not attended collego in vain, for he gave a de description of tho exact manner in Tis exhibit had been transformed from an ordinary corpse iuto a_block of basalt. He stated that the petrefaction had been dis- covered in a gulchin tho Grand canon of Colorado about three miles from Glenwood Springs. It is owned by threo men, who ex- pect to becomo rich by exhibiting it through- out the country. Doyle laughs at the idoa that he will bo taken back to Colorado and (‘mfi{ms that he owns a fourth interest in the stiff. whi To Settlo a Question of Law. Doyle proposes to raise several finely pointed questions of law before he quietly consents to return to Colorado with the sheriff. He claims that it is not an indict- able offense to steal a petrified corpse, espe- cially when the corpse has no living rela- tives to lay claim to its custody. He claims, 100, that the laws of mneither Colorado or Nebraska define petritied cliff-dwellers as personal property. He oven maintains that these ossified remnants of ancient centuries are not subject to an occupation tax. With these facts in mind he thinks Governor Crounse will think several times before he concludes to honor a requisition from the governor of Colorado. In the meantime the innocent cause of all this interstate disturbance is lying in stony hearted indifference in a long, narrow box at the oxpress office. The hand of time rests heavily upon him, for he weighs about 800 pounds. His face is as immobile as the dead centuries behind him and in his breast are locked the secrets of the long procession of the ages. If his lips could speak, whata stovy they might tell. They might possibly tell of the times when the favored daughter of Rameses cradled the foundling child of the Nile, which afterward led Israel's hosts from Egypt's bondage to the land of promise. Thoy might speak of the days when ancient Oceident vied with ancient Orient in lauding the magnificenco of Solo- mon's court—of the day dawn of modern epoch when the wise men of the east fol- Jowed the light of Bethlehem's star to the manger which sheltered divinity—of the barbaric hosts of Vandal ana Goth that swarmed over the walls of Rome and applied the torch to civilization. Must Acknowledge the Child. Daisy Smith's baby and its alleged par- ents were given another shock in the county court today when Judge Lansing, with that fine judictal discrimination for which he is rapidly becoming famous, decided that the baby really belonged to Daisy and that Allen W. Stuart is its_father. In pur- suunce of the decision, M Gorton, the woman who brought suit to recover pay for taking care of the child, was given a judg- meut against the baby’s parents. The case will probably go the district court. Stuart 18 a traveling man with a family in Chicago and has fought the case against him with desperation. Both he and the girl deny om- phatically that they have sustained any im- proper relations, but the evidence in the case has already convinced two judges that the dasbing traveling mau and” the young lady who traveled over the state in his com- lmny are responsible for the child’s advent nto a world in which he is very much in the Wy, Erlo Johnson in Troubl Unless Eric Johnson, lately the chief clerk of the Nebraska lezi ure, can square himself with an offended goddess of Ju o, he is ia inflnite danger of fine or i prisonment for contempt ot court. Some time ago he was sued by an impatient creditor, who secured a judgment and levied upon any property that the recent chief clerk might possess. The sh returned the execution with the endorsement that no property was to by found. Then the judge calied Eric into court, aud, in response to close questioniug, he admitted that the ate was iudebted to him to the extent of veral hundred dollars. 1o was ordered by the court to pay the untof tae judg- ment, $106, by Ju\’y ¥, 1st day of July ‘I'he came and weut and still Mr. Johnson failed 1 show up with his $106. ‘The court has ted until the present time with becoming patience, but today Judge Lansing issued a citation roquiring the delinquent creditor to me into court and show cause why he should not bo punished for coutempt of court. Embarrassed # Globe Trotter, R. J. Tauner, the man who some time ago started from New York on a horseback jaunt argund the world, has come to grief 1n Lin- coln. Ho was formerly a r ent of this aud previous to his departure he com- ed a suit for a divorce from his wife. he case came to trial during his absonce and stead of getting a divorce from the lady she got one from him and he was taxed with tho costs, When he hed here on his overland journey he made no effort to pay the costs and as & court of justice is o relentloss creditor iv prompuly’ seized his elaborate saddie and other furnishings valued at $100. Tanver is now trying o r cover his property on the grounds that it be- longs to his mother. In the meantime his Journoy around the world has beea post- Poued, P Gosslp at the State House. Bank Examiner Cline, who for several weeks past has been in charge of a broken bank at O'Neill, wi t the state house this forenoon. He has about completed his labors snd is ready to make a tinal report. The ofticers of the bank are making a desperate effort to recover themselves aud hove to be Gble to take charge of the iustitution under THE OMAHA DAILY BEE: *UESDAY, AUGUST 22, 1893. abond to pay all claims against it within o specified time. The case of the Dayton Spice Mills com- pany against Sioan, Johnson & Co. of Omaha was filed with the clerk of the supreme court today. The plaintiffs secured a writ of attechment on some property held by the bunkrapt firm, but the lower court dissolved the attachment. They believe they ocan secure a reversal in the supreme court. Another Douglas county suit filed with the supreme court today bears the title, *Froed- ericks Bailoy, Isabel Ritzel and W. J. Con- nell against Robecca M. White.” The case involves a piece of real estate in Douglas county. ‘The Interstate Investment company filed articles of incorporation with the secretary of state this forenoon. It is a Beatrice en- torprise, with a capital stook of $500,000. The incorporators are: Ex-Senator Paddock, E. L. PPadd; F. A. Paddock, H. A. Cole- man and O. J. Coleman. Heard in Lincoin Court Rooms. The German National bank has commencod suit to recover 1,02 from R. H. Davis, G. W. Boyer and O. P. Davis on a delinquent Dromissory note. Studebaker Bros. have filed a suit against M. D. Weich et al, to secure the entorce- ment of three judgments, nmmmflnr to 81,028 agninst three lots in Pleasant Hill sub- division. The plaintiffs complain that Welch transforred tho titlo of the property to his wife whilo engaged in a hazardous mercan- tile business, W. S. Berry looks longingly upon 200 acres of land included in the property hold- ings of the Nebraska Stock Yards company, and has commenced suit in the district court to sccure possession of it. He claims that a vretended mortgage held against it has been foreclosed with the purpose of freezing him wut of his interests, Lincoln in Brief. Tho Lincoln Business Block company is a now corporation with a capital of $130,000. Tho incorporators are: L. \v. Billingsloy, Alex Halter, S. Seligson, R. J. Greeno and others. A mooting of the Territorial Ploneors as- sociation of Nebraska_has been called to as: smble in this city on Septenibor 1. * The Rock Island todsy commeuced run- ning rogular passenger trains from Lincoln through to Fort Worth, Tox. Id Mack was arrestéd_yesterday charged with the larceny of a pair of opera glusses. The charge could mot be substantiated against him, but today the polive judge fined him $100 and costs for vagrancy. The heavy sentonco was imposed for tho veason that the authorities desire to hold him fora graver crime. A committee from the city council will lold anovher conference with ~the Union Pa- cific avthorities at Omaha next Thursday, in an exfort to settle the viaduct controversy. The long controversy over the ownership of the property of the Nebraska Stock Yards company was sottled Saturdny. B. S. Dundy, jr., transferred the property to Luther Allen as trusteo for 9,328, Mr. Allen in turn_transforred it_to the Lincoln Packing company, the consideration being merely nominal. News from Huastiogs, HasTiNGs, Aug. 21.—[Special to Tug Bee.] —About forty Hastings citizens went down to Lincoloon an oxcursion yesterday, the objective point being Lincoln park. Among the number were Stewart Campbell and half a dozen employes of the Asylum for the In- sane here, who improved the opportuni study tho methods inuso at the Li Hospital for the Insane. Saturday the ward caucuses to select dele- gates to the independent county convention waro held here. The attendance was very light, almost as many delegates being chosen as eloctors were present. The Modern Woodmen of Trumbull held a picnic at the grovo near that place Saturday. Annvitation had been extended for the Hastings camp to participate, but for some s The remans of W. H. Hammond, who died Saturday from tho effects of a sunstroke, wera today taken to Harvard for burial, Silas A. Strickland post, Grand Army of the Ropublic, acting as an'escort. Mr. Ham- mond served through the war in_the Sixth Town infantry, and was in his 8ith year at the time of his death. Yesterday tho now Methodist Episcopal church at Ayr was dedioated in the pres- ence of a large number of people. It was ox- pocted that Rev. R. G. Adams, presiding eldor for the Hastings district, would be presont, but in his absenco the dedicatory sermon was proached by Rev. Mr. Millor. Tecumseh News Notes. Troumsen, Neb., Aug. 21.—[Special to Tug Bee.]—The work of putting the grounds, buildings and track in coudition for the Johnson county fair has been commenced. The dato is August 30,31 and September 1, and a successful meeting is predicted. ‘The Jolinson county institute will be held hore all this week, convening this morning with a good attendance. The facuity this year is unusually strong and several good ectures will be delivered by emiuent speakers. A one week’s term was considered advisable this year ns so many of the teachers desire to attend the World's fair. Frod Mastin's Funoral, HASTINGS, Ay [Special to Tur Bee.] —Yesterday afternoon the remains of Fred C. Mastin, manager of the Western Union “Telegraph company here, were interred in Parkview cemetery. Thesimple cercmonies were in charge of the Grand Army of tho Ropublic, tho Workmen and Woodmen also attending, A short address was made at the family residence by Rev. J. G. Tate, grana master of the Ancient Order of Unitod Workmen, and the exercise tthe cemetery were witnossod by a large number of sympa- thizing friends. Lexington Notes of News. LexizotoN, Neb, Aug. 2L—[Special to Tur Bk ]—The teachers institute is in pro- gress here, with over 100 in attendance. Petty thefts are becoming numerous, ovidently perpetrated by local talent. Howard's grocery storo was broken into last night, tobacco, cigars and $2 in chango being secured. A thief with nerye recontly bor- rowed o butcher's horse and wagon ai night and hauled home stolen coal and then re- turned the vehicle. Alloged giar Captured. HasTiNgs, Aug. 21—(Special Telegram to Tur Bek.]—A young fellow named Cooper, claiming to hail from New Orleans, was fined 875 and costs in polica court today on the charge of vagrancy. He had on his por- son & bunch of twenty-three keys, & scrow ariver and a small saw, and Is supposed to bo one of the gang which has made life miserablo for Nebraska police during the past fow months. Cooper's fluo means sixty days imprisonment. Had o Circus of His Own, Davip City, Aug. 2L—[Special to Tum Bes)—S. E. Holtzman, a young farmer, eamo Into town o seo Sells Bros. circus un: load from the train. Ho drove n voung colt, which got its foot over the breech strap. Holtzman, in extricating the colt from the harness, was kicked in the face, bronking tho jaw. He was uncouscious somo ti but aftor his wounds had boon dress Wwas sent to his home in tho city ambulunce. Pawnee City Womnn Pawxee Ciry, Neb, Aug. 21.—[Special Telegram to Tug Bek.]—Mrs. Caroline Gor- ham, aged 07, fell through a trap door into the cellar of the residence of her daughter, Mrs. L. W. Harrington, and sustained in- Jjuries which may prove fatal. Her right wrist and three ribs were broken and right ankle dislocated. njured, Nine Thousnnd Biaze at Columbus, CoLunpus, Neb., Aug. 2L—[Special Tele- gram to Tk Bee. ] —The plauing mill owned by Hunteman Bros. burned down yesterday. Loss §9,000; insured for 83,500. Ouo building filled with {umber was saved. Columbus is fortunate again in having a0 wind. They had had no fire in the building since Friday. Funera! of J, W. Sipher, OscBoLA, Aug. 21 Special o Tue Bee. ] — The funeral of J. W. Sipher who comautted suicide ata hospital in Liocoln Saturday, was hold atthe Presbyterian ehurch yester- day. The sermou was preached by Rev. Vaa Giosen, bustor of that church. The at- tendauce was large. Work of Fremont Burglars, FREMONT, Aug. 21.—(Special to Tue Bes.) ~—The gun storeof Carl Heinrich was entered Saturday wight aud revolvers, kuives and cartridges Lo the amount of 30 taken. Eaotry was made through the bacl r by remov- ing @ pavel. on none attended from this city. g ANERICAN NATIONAL'S FUNDS Almost Sufficient in the Bank's Vaults to Pay All Olaims, LIKELY TO REOPEN ABOUT SEPTEMBER 1 Comptroller Eekels Will Permit the Insti- tution to Resume Business as Soon as Its Capital Impairment 1s Made Géod. 513 FounTeexTn STRRET, WasmiNotoN, Aug. 21 Senator Manderson and President John L. MeCague of the American National bank of Omaha called upon Comptroller Eckels to- day in reference to the resumption of busi- ness by tho American National bank. The comptroller stated that if the stockholders would pay into the bank 25 per cent of its capital, which is tho extent of tho capital's impairment, the bank might resume busi- ness on the 1st of September; but must also obtain an extension of time for payment of deposits from the depositors to the extent of £225,000. The extension of time for the pay- ment of this amount of deposits is & part of the requirements to bo met before resump- tion. President McCague replied that the offi- cers of the bank would try to comply . with the requirements and ho believed they would succeed. Senator Manderson says ho has no doubt_that the bank will resume business on September 1. There is not the least question about the solvency of the bank. The fact that the comptroller re- quires_but 25 per centof the assessment upon the stock shows that the value of the stock is 75 per cent. Material for Omaha's Postoffce. Senator Mandorson had a talk again today with cretary Carlisle upon the subject of granite for tho superstructure of the Omaba, public building. The secretary, Assistant Secretary Curtis and Supervising Architect O'Rourke will have a conferenco tomorrow to dovise a_curtailment of the plans soas to admit of the use of granite. Senator Man- derson yet belioves that by leaving off the carving and reducing the expenses otherwise granite may be used. General Van Wyok’s Good Health. General and Mrs. C. H. Van Wyck have arrived in Washington from their home in Nebraska, on their way to the Massachusetts ashore.” The general withstood the trip vell and says ho feels better tonight ia before leaving for the east. F is stopping with his brother-in-law at 174 Nineteenth streot. General and Mrs, Van Wyck are accompanied by their little daughter, Happy. They expect to o to the seashore about the middle of the week. How the Nebraskuns Fared. With the exception of Mr. Bryan, the three republican members of the Nebraska delegation fared better in the assignments of house committees today than did their colleagues. For instance, the Omaha mem- ber got a_committee assignment where he can help his constituents materially, and es- pecially forward the itevests of Omaha, while Kem apd McKeighan, who have catered to the democratic speaker and are really recognized as democrats, can do noth- ing for their constituents. Mr. Hainer was given an exceptionally good assignment. To the surprise of almost every one, Mr. Bryan was given his old place on ways and means. One of the most distinguished dem- ocratic members of that committee, and a warm friend of Speaker Crisp, told Tue BEE correspondent four months jago that Mr. Bryan could not again be a smember of the ways and means committee, and that he got his information upon the subject from Mr. Crisp. It was contended by Mr. Crisp that the place should go to a man who would in- form himself upon the subjects which the committee must consider. It came to the knowledge of Mr. Bryan and his friends that he was marked for retirement from the committee and the latter began to work upon Mr. Crisp to retain him. Why Bryan Was Retalned. It was argued to the speaker that if Mr. Bryan was taken off the committee it woula injure his standing before his constituents, who would 1nquire into the cause for hisdis- play ent. Mr. Springer of Illinois was especially active in Bryan's beholf, and two or three days ago he was told that the Ne- braskan would be retained “on account of his oratorical powers.” It seems that the speaker was pleased with Mr. Bryan's silver oration and he concluded 1t would be well to have an orator on the committee—one who could talk even if he said nothing. The Nebraska members were given com- mitteo positions as follows: Mr. Bryan, ways and means; Mr. McKeighan, coinige, weights and measures; Mr. Hainer, agri- culture, ventilation accoustics and alco- holic liquor traffic; Mr. Meiklejohn, public lands and invalid pensions ; Mr. Kem, Indian affairs and expenditures in the Department of Agriculture; Mr. Mercer, public buildings and grounds. There was a greater scramble for the place given Mr. Mercer than any other. A position on public buildings and grounds is always desirable, and it is doubly so now when there are ready for introduction a large number of bills to construct public buildings in various parts of the country. Mr. Mercer did not_overlook the fact that Omaha and South Omaua are just now inter- ested in pubiic building affairs whon he asked for the position given him. F¥ree Silver Petitions. Senator Allen today presented to the sen- ate a memorial from the people's party of Wyoming in favor of the free coinago of silver. In theopinion of the memorialists all of our present financial ills are due to a lack of the freest possible use of silver as money. Senator Kyle introduced memorials from citizens of South Dakota in favor of the free coinage of silver. Thousunds of these peti- tions are coming in from the west and south- west and ure reforred to the committee on financo, where they will never be read. Both branches of congress are not considor- ing the silver question with respect to any collateral expression of opinion. Nearly ail of those who will vote upon the subject are acting exther upon their own principles or instructions from the conventions which nominated them to ofice last year. Kyle's Postoftice Measure, Senator Kyle today introduced his bill of a year ago vroviding that when any city or villago with 4 population of 3,000 or more, as shown by the federal census, shall peti- tion the postmaster general, it will get federal building. hat there shall be ground purchassd and a postofiice building constructed suitable to the demands of the oftice. The building shall not cost less than $6,000 or more than 850,000, and it shall have accommodations fora free public library. The bill provides for the issuance of $1,000,- 000 or $2,000,000 of treasury notes to moot tiie expenses inenrred by the construction of the building. Westorn Penalons. The following pensions granted are ro- ‘WasmixgTox Bureav or Tae nn.} pbreed Nebraska: Original—Darius A. Robin- son, Creston, Platte county. Reissue— George P. Mattin, Pierce, Plerce county. Towa: Increase—Joseph W. Rich, Vinton, Benton county; IEdwin H. Bovee, Washiug: ton, Washinglon county. Original widows, o'—Flora L. Richards, Dubuque, Dubuqué i Mary E. Graham, Tracy, Marion county; Williaw H. Taylor, ‘father, Mount Pleasant, Heory county; Ada B. Stafford, Grinnell, Poweshiek county. Miscellaneous. “The assistant secretary of the interior in the pre-emption case of Edwin P, Sweeney against Sang C. Reck from Allisnco has afirmed tho decision of the commissioner in favor of Sweenoy In the tmber culture case of C. C. Mo- Ewan ugaiast L. G. Tisdaloe the comuis- sioner afirms the decision of the comnis- sioner in favor of Tisdale, and in the timber culture caso of George B. Mair against Charles L. Gallaher he afirms the decision in favor of Mair. The comptroller of currency is advised of the following changes of autional bauk offi cors in South Dakota: The Watertown Na tional bank of Watertown, Foster R. Clem- ent president, in place of A. C. Mellowte; A. C. Mallotte, vice president, in place of T. D, Ellefson; Charles G. Church, casbier, in place of J. W. Martin; Fraok' E. Howley, assistant cashior, in place of C. F. Hen- dricks. > Nebraska got no new * flostmasters today. Towa got two as follows: White Elm‘ Davis county, W. A. Devision, Tlflo F. M. Carroll; Woodstock, Wright chiht, , 8. 8. Gardner, vice L. W. Tyrrell. Botlrof the incumbents, who are republicans, arg:removed. e Balloon tonight at'Courtland beach. i Povay BUSY BOARD OF EDUCATION, Contention Over the Dry Closet System Unuses an Emphatic Committes Report. Ten members of the Béard of Education attended the regular moeting last night and disposed of a large amount of business. rotary Gillan presented a report con- corning the balances on hand in the different funds as follows: General fund, $84.23884: sinking fund, $15.78; Center site fund, §7,000; Central site fund, $,007.56; Hartman site fund, $100. Balances on building funds are: Center, 02; Central, 8008833 Franklin, 19, Hartman, $16,5821.54; Hickory, §22,5 $24,070; Lothrop, #1,78580; Saratoga, ; West Omaha, $2,420.32; Windsor, cants for teachers positions as follow: Primary, Nos, 2,3, 16, 22, 25 26, 84, 35, 86, 40, 42, 43, 46, 47, 52; grammar, Nos. 13, 34, 60, 64, 66; High school, Nos. 71 and 72. A warranty deed to property adjoining the Center stroet school house, corner of Center and Eleventh streets, was filed. It was voted that William I, Milroy, Miss Anna Foos and E. Page act with the superintendent of schools as examination committee for the ensuing year, The carpenter work on the West Omaha school building was accepted on the recom- mendation of the committee on buildings and property, and on the report of the same com- mittoe all bids for supplying earth for the Saratoga school building were rejected as being 00 high. Deverell Bros. were awarded the contract for erecting the smokestack at the Park school building for $930. The plumbing work of J. J. Hanighgn on the Saratoga building was approved, and his claim of #2490 ordered paid, as was the salary g{ il anitor Andrew Clifford for the month of ul 1t was resolved that the Tsaae D. Smead company be notified that there had been ser- vice upon the board by the commissioner of health of notice to abate an alleged nuisance in counection with the Kellom school sani- tary apparatus, and that the Fuller & War- ren Warming and Ventilating company be likewise notified of like service in the case of the Saratoga school, and that botn firms be requested to appeat by their attorneys and defend the board in any action brought against it by the commissioner of health. The temporary straining order granted to the Millard State bauk, enjoining the board from paying uny money to Bray ton & Donocken for work on the Franklin and Hartman buildings, camo up for con- sideration and was referred to the commit- tee on Jjudiciary, with instructions to call upon the attornoy of tho bourd to appear in person or by proxy atthe hearing of the case September 6. The most important business of the ses- sion was the consideration of the following resoludon introduced by Colonel Akin, which was adopted. Concerning Dry Closets. Your committee to whom was entrusted the duty of preparing a statement of your po- sition in the present cotitrovorsy botween this body and the Board of Health tespecting the dry’closet system in_tho Kellom school, re= speettully submit the following statoment and resolutions relative thereto: Tho Board of He having persistently kept before the pub months its side of the question condition of the dry tlosets in the school, the Board of Education doems 1t proper to place before the mx);{‘ yors and patrons of the publie ools the folowiog statement and resohitions We have expended more than 35,320 for the system of dry closets and heating and ventiia- l{l)n of the Kellom school. This was done with tho consent of tho ity of Omaha, cting through its inspector ef ‘buildings, who ex- amined and approved the plans for the build- ing before a dollar ‘was expended thereon. Now tho city of Omuha, acting through its Board of Heualth, condehins these plans, and orders the dry closets ‘torn out and their places supplied by another system, which, while meeting the “approyal of” the ¢ I[Y now, may be tabooed by the Roard of Health six months hence. We submit that if the Board of Health, with- out a judiclul determination, may arbitrarily condemn as a nuisance one kind of appar: once approved by tho bullding department of the city, an apparatus sanctioned by adoption” did uso "o “the most. “progrost sive citles and put in operation here at grent expense, it can likewiso arbitrarly con- demn and order removed ull{ other sy N, No matter how excellent, which may be substi- for 1t, and there will be no “lmit to the nt of property of which citizens may be without due process of law" and no ena to the burdens which the Board of Health may Impose apon the taxpayers. It is a doctrine not to be tolerated ip this country th v municipal corporation, without wny goneral laws either of the city or of the state, within which a given structu cun be shown to be a nuisance, can, by tho mere de ation that it s one, subject it to romoval by any person supposed’ to be aggrieved, or even Dy the clty itself. This would place every houso, every busi- ness and all the property’in the city at tho un- controlled will of the temporary local author- 1ties. And why are the closets of the Kellom school ordered removed? Because they are a nuisance, says the Board of Health. This we deny on the authority of gentlemoen of the medical profession, at least as cminent in their knowledee of sanitat as those com- posing the Board of Health. Always soilcitous for the health and safety of the children entrusted to our care, we coused a eareful examination to be made of the sanitary condition of those closets 1 before the attention of the t Bourd of Health was directed thereto, nnd the result of that examination satisfied s that the closets were not Injurious to the health of those sttending the school. Bat, feeling that we might have erred, in view of the loud and persistent objections the Board of I 1th, we, by our representatives, attended ssions of the Board of Health and listened patiently to tho reasons which it was plensed to offer in support of 1ts con- tention. Candor compels us to say that the reasons there offercd did not oven impress us with a suspicion that we had erred. In view of these facts and of the further fact that wo are charged by the law and our solemn oaths to administer the affairs of this school district according to our best judgment, would we not be derelict in our duty if we oboyed th order of the Board of Health, which'in effect com- Mands us to squandor a Largo sum of the peo- ple's money. We think we would, and for that reason, and that only, we refuse and shall con- tinue to refuse to obey the order of the Board of Health in this rogard until the courts de- clare th closets to be & nulsance. But If wo are lu nd those closets are in fact a o 1s & wiy In which that can be nined and these clesets re rlxu‘ml by some ‘Systou without tho school funds suffor- ng any 1858 whatever. ;‘»n\ll‘ D. Smead & Co who! constructed these closets, have a contract with the Board of Education whereby they warrant that the ysots are sanitary. ” Now, if they are not, is warranty, supported by a suflicient bond, must bo satistied. Thore is one way, as we b o sald, in which the two facts,” that (1) 0sots are a nulsanee,” (f they are), and t Smead & Co, wee responsible’ be established without tall, and there are several Ways by which it cannot b6 done without gr dangerof fallure. It cannot be done by sub- mitting, without a ‘)l#l'lnl contest, 1o the mandate of the Bonrd S oalth, Nefthor can It Do done by wteompting 4o punish tho mom bers of “the bounrd for the act of the board., But it/ ¢an be done by the Board of Health commencing au action 1o mandamus to compel U8 to remove these closots as a nuisun In such an action Sy by the decisio fyors dosire? nour opliu] alth bel nd dedires tho judic A‘r and not utténuated i over a body at leust co-u ces at onco wn action i mandimus. Such tlon would load £o @ speedy determini of Lho question (amll ought 40 bo sutis- actory to all.” The "Ylh be it Resolved, That the Bhstdiof Education does hereby invite the Boaed of Health 10 e 3 an netion 1n mundumus o compel this Y0 to ‘remove the dry closots. from the lom sehool on the ground; that they ure o nulsance. Resolved, That for the purpose of waving all tochnicalities, it is horeby declared by the Board of Education that it will stipulate with tho Hoard of Health, that the only question to be detormined in sald action shall’ be, “Are the Closots a Nulsance?" sndif the court holds they are, that this board will admit that it is its duty to remove sald closets, and that an order G that efect shall forthwith issuo from the court, and be 1t furthor Resolved, That in the event of the Bourd of Health commencing sn nction, the president of this board be und he hereb: Al od forthwith to notify said Lo uppear nd di nd the and that in the ovent of w decislon adverse the Board of Edueation it will look to sald Bmead & Co. for all dumuges which this board way sustain by reason of baving 0 remove sald closets aud supply thelr places with others. it 4 it Bicketts, afternoon and eve. Court'and gl & Co. ean bo bound ourt, Which do the tax- i D Dut one answer, it the Board of 1o be & nulsance mination of thit, luy of authori dinate, et it cou Smead & Co. WARD'S CASE 1S NOW IN COURT Judge Berka Hears Evidence in the Pre- liminary Trial of the “Dootor." MAN DROWNED IN LITTLEFIELD'S LAKE Fire In a Basement—Evidence Agalnst & Buspect—Dolngs of the Day at the Pollce Station—Bakers Buneo Business Men, *Doctor” Ward, alins Peyson, was given & preliminary hearing yesterday on the charge of mundering William Rogers Garner. Judge Borka, who has returned from his vacation, is hearing the evidonce. Five witnessos were examined and the case was continued until 2 p. m. today. Those who gave testi- mony wore Alma:Graventine, Drs. Lavender and Honderson, Mrs. Heacock and Charles Beaton. The evidence olicited is corrobora- tive of that which has been publisned in Tre Brr, and goes to show that Ward per- suaded Garner to leave the Houston insti- tute at 4 o'clock in the morning and go to the ‘doctor's” room on Dodge stroet. Garner met his death in a mysterious manner in Ward's room a few hours later. Ward was placed under arrest and it was learned that he had injocted some poisonous fluid into Garner's arms whilo Garner was sleeping. Garner died ina short time and when the door to Ward's room was forced open he was found sitting beside the corpse eating some lunch. Ward made no_effort to tell any one of Garner's death and the af- faip became shrouded in enough mystery for the coroner’s jury to hold the accused for further examination, Corporal Shea of Fort Omaha will give his testimony today. It1s alleged that the corporal was in the room when Ward injected the liquid into Garner's arm, E Ward has improved in looks since his con- finement and seems to think that no case will be made out against him. Ho sat in the prisoner’s dock during the taking of evidence and gave closo attention to all tho testimony. SHRIMROCK'S LAST S st His Life In dny Afternoon While Bathing. Rudolph Shrimrock, an employe of tho Missouri Pacific railway. was drowned in Littlefield’s lake yesterday afternoon while bathing. The unfortunate wan had gono out to the lake to take a swim in company with J. J. Wetmore. The men were having plenty of fun, when Rudolph showed signs of distress and called to his companion for assistance. Before his friend couid reach him he sank out of sight, and at a late hour last night the body had not been recovered. Coroner Maul had a force of men at work dragging the bottom of the lake all ovening. “I'he lake is cast of Hill's road house and lies between that place and the ri It can hardly bo called a lake, but it is quite deep at the point where Rudolph was last seen. wrimrock is a young man and_boards at 1335 Ogden street. Nothing much is known about him, except that his relatives live in Michigan. It could not be learned whethor the man is marri or not. The body was recovered at 9 o'clock last night and sent to the morgue. An inquest will be held by the cororner this morning at 11 o'clqelk. Wanted for Bur,inry. A fow days ago the police arrested William Johnson, alias McGee, who is known to them as a crook. He had a number of rings and some jowelry in his possession, but while tho ofticers believed that the jewelry had been stolen they could only charge the pris- oner with vagrancy. The suspected man was sent to Jail for thirty days on this charge. Yesterday Captain Mostyn turned tho jowelry over to Attorney Wappisch, who de- fendod Johnson. A few days ago he re- ceived o letter from Mrs. Bertstrum of Oak- land, Neb., describing tho property and say- ing that hor housoe had heen burglarized on July 13 while tho family was attonding church. She said that five rings, a bracelet and §3 10 cash wero stolen. Captain Mostyn will profer a charge of bur; v against Johnson as soon as nis sen- tence for vagrancy expircs and Mrs. Bortstrum will appear here as complaining witness. Bakers Make a Broalk. Detective Malone of Lincoln was in Omaha yesteraay looking for two men named Gard- ner and Gay. Mr. Malone says that these fellows opened up a bakery in Lincoln, and after establish- ing a_credit proceeded to purchase largo quantities of goods which they disposed of and skipped out. One of the merchants who was duped to the extent of over $100 accom- panied tho officer, but_after looking for the fugitives ull day they were forced to the conclusion that *the birds had tlopped their wings further west. It is said that this firm also worked scveral Omana merchants and that their operations have netted them a few thousand doliars, Ofticers here claim to have seen the men Sunday evening, but had no knowledge that the men were wanted Chused & General Alarm, Burning paper in the basement of the Pa- cific Express company’s building, on Four- teenth and Harney streets, caused a general alarm of fire to ba turned in about 8 o'clock last evening. ‘Tho fact that the fire was in the busiuess part of the city and so many plo wero on the streets caused a very o crowd to congregate in quick time. “The doors of the building were forced open, and in a brief time the flames were extin- iguished. Tho firo was caused by a pile of waste paper being left in front of tho fur- nace in the south end of tho basement. This paper is burned every evening, and it is sup- posed that the fire caught in the waste pile, No considerable damage was done beyond the filling of the building with smoke. Trouble in the Family, Frank Harmer, who lives near Sixth and Marcy streets, went home last night accom- pavied by a load of family disturbance and it is spid procecded to beat his wife until she had to call for hel. Tho woman's clothing was nearly torn from her body and she was somewhat bruised, Belore an off- cer could be summoned friends interfored and assisted the uuhappy couple to pateh up a truce, The woman told bystanders that her husband had beaten her frequently, but that st.e was growing tired of it and would cause his arvest on the noxt attempt to do her harm. To Alicw and Johs John Farley and Alice Hatfield were locked up at police headquarters last night on a charde of disorderly conduet. The couple were found in a room on Jackson street by an officer who was looking for them, ‘The charge of disorderly conduct was made against them to hold them until a more serious one can be wade this morning. it is alleged that Johu and Alice oroke into A. Cohen's store on Juackson street and stole some clothing, They will be charged with *feloniously breaking and entering” today Pocket Peanut Proceeds, Harry Osborne is acoused of stoaling $2.05 from his cmployer last night. Osborne is employed to sell peanuts in the Farnam Street theater. When the performance was over it was found that the young man had sold his stock_and skipped our, leaving u memento 10 bis hat, which be left behiud him in his hurry 10 get away. Complaiut was made to the police, and officers are 100k- ing for the youth. Charged With roen Mrs. W. A. Nicholson was arrested on a warrant last pight charging her with the larceny of & valuable ring. The woman is alleged to be & partner of “Humpy" Welch, but shortly after her arrest 8 man clalming t0 bo her husbaud called at the station and asked to see her, The police have been look- ing for the woman for the past ten days. Stopped Their speed. A. Baker and F. A. Plauck were arrested last night by Oficers Dillon and Ilerat Sixteonth and Cuming stroots for fast driv ng and disorderly conduct. Pollos Parageaphs. Tho city detoctivos will soon have better quartors in the oity hall, . A. Ray, an old-timo Omaha “‘con” man, arrived in the city yesterday, He soon sought his old haunts ana Detectives Savago and Dompsey sent him to jall for safokeep- ing. The officers say itay is & slick man in bis “specialty.” P Bicketts, aftornoon and eve. Courtland b~y CITY HALL NOTES. Brief Mention of Municipal Matte Waomen as flond Rayers, Notwithstanding that the smoke nuisance ordinance is now in full force, no steps have been taken to provide the city hall boilers with a consumer. The property committes has soveral plans before them and the members have had the beauties of each con- 1mer portrayea to them, Yesterday morning the committee on publio property and buildings, composed of Coun- cilmen Jacobsen, Steel and Whoeler, ex- amined severnl defects in the city hall and arranged with the contractors to have them medied. The ventilnting system is to be remodeled, the fan not giving tho best of satisfaction. A change in the boiler grates is also to be made. These changes are to be mado at the expense of the contractor, City Electrician Cowgill has the new electrical ordinance nearly comploted, and expects to have it before the council within the next two weeks, It is very lengthy and covers all points in electrical matters that should be governed by ordinance. THe or- dinance will be submitted to City Attorney Connell, City neer Rosewater and Gas Inspector Gilbort, who are membors of the spocial committoo to proparo the ordinance. “T'he Board of Public Works yesterday morn- ing directed the contractor to make the water and sewer connections on fifteen different streots. These strects are the ones now under contract to be naved, and the work of making the connections must be finished previous to the paving being done. This will furnish employment to & small number of men. City Engineer Rosewater aunounces that he will resist to tho bitter end the pay- ment of the repair claim of the Barber Asphalt company for the first six_months of this year, amounting to #0,116. The claim was approved by the Board of Public Works Friday, and will go to the council this even- ing for'its sanction. The Barber Asphalt company and John Grant are making preparations to commence the work of paving just as soon as tho con- tracts can be entered into. On the districts which they have secured the final ordinances have been passed and all that is necessary 10 be done is to secure tho approval of the contracts. “The people of this city with all kinds of 1d unknown rapidly to cent_bonds of Omaha, The inquiry and demand for tho bouds which are now on_private sulo by the ity treasurer has not been up to expecta- and the prospect for disposing of them 50 bright as is de- ave been disposed Thoy were of tho 5 per cent interest. sived. So far b of at this pri short time issue, bey Both were in denominations of $100 each. “I'wo ladies were the investors and for the same they paid Treasurer Bolln §100 each. Their names aro Mrs. Howland and Mrs. Jennie Wilson. A Bicketts, afternoon and eve. Courtland e e o homas Lund is the latest aspi uncilmanic honors. He 1s ambi nt for ious to c become Chris Specht's colleague from the Sixth ward and will make a hustle for the republican nomination. TeMorse DryCoods (o The great week's sale of The Morse Dry Goods Co. opened this morning with a crowd of eager buyers. Boys’ suits worth §7, $8, $9 and g10 were sold at $3.98, and a harmonica given with each suit, Beautiful fall dress goods, worth soc a yard,in plaids and stripes, were sold at 29c¢ a yard. Some choice dark and light challis, regular 65c goods, went for a “quarter” a yard. 'Tis a good time to get a dress for little money. Remnants of black and colored dress goods went at just half price. Very handy lengths were among these remnants—just enough for a skirt—or what is needed for school dresses. Speaking of cloaks; why, children’s pretty check reefer jackets sold at 45¢ each and the navy blue reefers at 98c were delightful surprises to all who bought. Evenings are cool—as was demonstrated by ladies investing in medium weight capesand jackets, which are sold at half price—connois- seurs in wraps can pick up a few fetching imported novel- ties at half regular price, Heavy brown sheeting is sold at 4c a yard, splendid brown canton flannel at sc. The linen department has its full quota of patronage, as tempting values are offered. Parasols—well, parasols are being closed out regardless of tender feelings--$5 parasols go at 82 each—¢3 pararsols drop out of line for a dollar each. Those who were not prompt- ly waited upon today will be tomorrow—we’ll get help enough, The sale continues all this week, Each day of course re- duces many bargains, so we urge an early attendance It pays to trade with THE MORSE DRY G00DS G0, 16th and Farnam Sts., OMAHA. IN VACATION DAYS. Many Children Who Do Not Find Health in Simply Ceastng from Study In the Summer ~The Case of A. 1 ndier's Daughter, Eothusiastic parents praise Paine colery compound; their feeblo daughtors and sons gain weight and color by using it Energy and a fooling of well-being in place of depressed spirits, irritability and woariness is the unvarying story from those who take Paine’s celery com: pound, the remedy that makes poople well. Childron upon .whom the duties of school rest heavily and who do not find ELIZABETH GRACE CHANDLER. health in simply taking a vacation, snould take Paine’s colery compound. Alfred H. Chandler, esq., of Bellefonte, Pua., writes to the proprietors of this great remedy: “My daughter is today aswoll ns she ever was in her life, but I believe that if we had not got Paine’s celery compound for her sho aould not be here with us today. Sho Was attending scheol, but ot ‘run down’ and her illness dovelop- ed into what the doctors said was rheu- matism and rheumatic fever. Everyono snid sho could not live. I emvloyed three doctors, but they gave her no re- liof. I read abouj Paine’s celery com- pound in a paper one day. 1 believed it would help her, so I went down town and got a bottle of the compound and nurried home and commenced giving it to her according to directions. “By tho timo sho had taken half of tho bottle she was able to sit up in bod, and by tho timo she had used four bot- tles sho was free from pain. We con- tinued to uso the compound. Whon wo began she was nothing but ashadow, strong 08 sha over was, and we have not anyono to thank for it ne’s colery compound. CUSTER'S LAST BATTLE FIELD. A visit to this spot, which is now a national cemetery, is extremerly inter- esting. Here seventeen years ngo Gen- eral Custer and five companies of the Seventh United States cavalry,numbor- ing over 200 officers and men, were cut to pieces by the Sioux Indians and allied tribes under Sitting Bull. The battlefield, the valley of the Little Big Horn, located some forty odd miles south of Custer, Mont., a station on the Northern Pacific railroad, can be easily renched by stage. If you will write Charles S. Fee, St. Paul, Minn., inclos- ing 4 cents in vostage, he will send you a handsomely illustrated 100 page book, free of charge, in which you will find a graphic account of the sad catastrophe which overtook the brave Custer and his ollowers in the valley of the Liutle Big Horn in June, '76, HIRSGHBERG'S The cele- bratcd Non- {IRSCLBERG 1€ changeable Spectacle s and Eye Glasses for sale in Om-« aha by MAX MEYER & BRO, CO., ON A Full SET $5 OF TEETH T 1 In morning, tod aftornoon Perfect it guar- DR W.Bulley 3rd Floor, Paxton 13100k 16(h and Farnam Stroet. Elevator on 16th Streot. Telephone 1033 BRING THIS WITH YoU EDUCATIURNAL. Academy of the Sacred Heart, PARK PLACE, OUMAHA, This Academy is located on 36th and Burt streets, The site is eles vated and beautiful, instruction unites ev The plan o y advantage which can contribute to an educa« tion at once solid and refined, Pars ticular attention is paid to cultiva« tion of ma ner and character, AMERICAH CONSERVATORY, All WEBER Music N-ll; Chicago. ) 1675 bog: Beph Tuh. Bend lor Lataicpue. . Floeution, Langus Eicn AQd: £, ' BULLAKD. & 3. Supt: dackssuyilio, ki ARY ACADEMY Tho gror: 2 1uam ALatod Urtetin s AWEET APRINGE, MINGOURT, Behiool of 120 Wost. Waite for