Omaha Daily Bee Newspaper, December 12, 1893, Page 5

WARNING UP 10 THE WORK Tobe Castor and COthers Who Are After Nebraska Federal Offices Are Hustling, ! SOME POSTMASTERS WERE SHAKEN DOWN | Sewen Fourth Class OfMces Changed Yester- dny, but the Mig Fruit in Omaba Still Hangs Out of feach of Those Who Hunger. Wasnr 0X BurrAu or 7 Dag, | 3 FOURTRENTII STREET, Wastixatox, Dee. 11, ) Ex-Governor Boyd and Con Gallagnerof Omaha are at the Arlington. The governor came, it is stated, to take a hand in the Omaha tederal appointments, but he says he 18 dofug nothing of the sort National Committeeman will file charges of a partisan character against Postmaster Clarkson, with the in tention of getting the Omaha postofce fnto the hguds of Mir. Conoyer before Major Clark- son's commission expires. Polumaster Gen- eral Bisscll 18 out ot the city, and the charges will be filed when he returns. Governor Boyd refusss to state his choic for any office, but it is reported that he fa- vors Judge Charles Ogden for United States attorney and W. H. Ijams for surveyor of the port. The latter is endorsed by Editor Scott of the Chicago Herald, who is a relative of Tobias Castor Mr. ms. When u prominent and very influential official at the Treasury department was today asked by Tuer Be whether the vrotest filed by the American Protective association of On agamst the appointment of one or two men of Omaha for the surveyorship, ete, would have any weight, the answer was: “You may state that we will not consider the vecommendation or protests of the American Protective association as an or- gauization wn any case. Recommendation and protests of individual members of that organization will be given full recognition, other form do we recognize any- m that combation. The appoint- ment recently made at Kansas City of an American Protective associntion member should not be taken as any indication that this department or this administration rec- ognized the American Protective association as an organization.” 1f vhe apvointment of James MeShane for the surveyorship of the port is to be defeated there will have to be a redoubled gffort and a movement upon some other line, Some Plums Shaken Down, Fourth-clacs postmasters were appointed today as follows: Nobraska—Archer, Merrick county, C. E. Barp C. D. Chapman, remo Benedict, York county, R. B. Brabbam, vice John Lett. removed; Chester, Thayer county, Stephen Forsdyck, vice John Ped- line, removed : Daykin, Jefferson county, W. I\, Headrick, vice S. B. Carpenter, removed ; Diller, Jefferson county, G. H. Tennemaker, correspondent vice Frank T. Pearce, removed; Dunlap, Dawes coun Timothy Morrissey, vice Edward Robert: signed : Farwell, Howard county, Sacob & woved. Towi—Beebetown, Harrison county Ouslott, vice J. P. Yarringu Brushy, Webster county, J. E. Courtwright, vice R. P. Orris, resigned: Cresceut, Potta’ wattamio county, Warren Haugh, vice Annie E. Swanson, ~removed: Hosper, Sious county. Jacob Koolbeck. vice J. J. Deborr, removed; Kirkman, Shelby county J. H. Guthrie, vice F. O. Muckler, removed Osterdock, Clayton county, E. A Bush, vice W. H. Keppart, removed; Promise City Wayne county, C. A. Sager, vice' A. G Campbell, removed ; Galt, Wright county, H. Birasall, vice Arthur Richards, removed ; Buverior, Dickinson county, F.'C. Pinch. vice W. F. Taylor, removed, Utah—Beaver, ' Beaver county, C. Staney, vice C. C. Woodliouse, jr., remove Fedoral Coarts in Nebraska. The house today passed Mr. Mercer's bill fixing the times and places for hold- ing the federal courts in Nebraska as follows: At Omaha, on the first Monday in May and the second Monday in November in each year; at Lincoln, on the third Mon- day in January and the first Monday in June: at Hastings, on the third Monday of April, and at Nortolk on the fourth Monday in Aprilof each year. It is expected that the bill will be concurred 1n promptly by the senate. Receiver for the Grand lsiana Bank A receiver for the Citizens National bank of Grand 1Island will likely be appointed tomorrow. Comvtroller Fckles stated to Tre BEE correspondent Jate this afternoon that he had not yet found the man he in- tended to appoint, but hoped to do so tomor- row. He wantsa capablo man and a demo- crat, if possible. In the supreme court today the case of Mury P. Miller, devisee, etc., of Jason G. Miller, deceased, plaintiff in error. against Dominic Conway, from the United States cireult court of Nebraska, was submitted by briefs. The Bankers National bank of Chicago has mall, vice James Land, re- ,J. D. resigned ; been approved as reserve agent for the First National of David Neb., and the Amer- ican Exchange National of Chicago for the amie National of Laramie, Wyo. rank M. Campbell of South Omaha has, through friends, filed application at the ‘I'reasury departient for the position of in- spoctor of steam heat in the federal building at Omaha, Democrats Fighting Tarlff Reform, “1 am certainly in earnest in my oppo- sition to the tariff bill as it stands,” said Congressman Haines of the Troy, N. Y., dis- trict today, *‘and I propose to fight it to tho end to the best of my ability. I am gratified to find that there area great many more democrats who feel as I do on this subject, #nd many members have already come to meand have promised their cordial support in the movement against this measurve. Mr. Cadmus of New Jersey comes out openly against it, and I have been assured of the cordial support of Messrs. Rysn aud Scher- merhorn of New York anc Messrs. Hines ana Sibley of Pennsylvania. The )atter is particularly ewphatic in his utterances agalost this unjust and ruinous measure and will continue to vote against it at every step. Mr, Sperry of Conecticut will vote with us, too,” “What if the committee amends the bill o suit your various views!” was asked by Tue Beg wan, “So many ana such radical amendments would be necessary that it would practically require a new bill Lo satisfy the objections of those who propose to kill it if they can.” Merely Moutioned. Leave of absence for four months, to take effect wheu bis service can be spared by his department comwunder, is granted First Licutenant Eruest k. V. Smith, Fourth in- fautr Eugeue Adaws of Dubuque, Ia., is at the lflFn. The attorney for a large brewing associa- tion who is now in Washington sa the ways and meuns committee is seriously con- templating an increase on the tax on beer. The Hoar resolution of Loday iu the sel ate is the republican indictment of Presi- dent Cleveland. It was carofully considered by many republican senators before it wi brought in, Senator Hill did pot try to bring up his bill to repeal the election laws today: Thoe delay means that he does not wish to get the democrats united on his “‘force bill” until after they shall have become more thoroughly disrupted on Hawaii, o Priy Heatu NOT QUITE TO THEIR TANTE, Bopublicans Doo't Like the Way Federal Electious Bill Was Keportes VasuixaroN, Dec. 11.—While not making the charges in so many words some of the republicans intimate strongly that the re- vort made by the senate judiciary commit- tee upon Senator Hill's il for the repeal of the federal election laws was secured by methods not entirely to their liking. Seunator Hoar, who isa member of both the commitiee on judiclary and the commit- tee on privileges and elections, and who, umder the last regime, was cosirman first the y ¢ of the slections committee and then fary, contenda that'the bill should have o, the fivat naie | committ primarily 1o sceur that ve should have (*now desnits the revort of tae | ndiciar sommittes. Ha and Senator Platt o the Wwho is A1%0 2 member of the Judicisry comm omplain that th bill never had 1 oand that the sittinz of th nittee which author t on the bill wwas at- ily one of the five republicans mmittee. Senatoes Hoar, Wilson, ized a fa tendcd by only on th Plats o Mitchell of Oregon being absent. They claim that it these members had been present when the bill was taken up in committee the subject would have had fuller consideration and thit there wovld have Dean a5 loast 4 minovity Protesy against it, and an effort to have the bill reforred to the committee ou clections. Senator Hoar contends that all questions relating to clecsions of any character which some 1o the senate belong proverly to the mittee on privileges and elections, and when Senator Hill asserted that the original elections lnw which it is now sou peal was passed the bill was referred to the judiciary. Senator Hoar retorted that it was because the elections committee had not been created Senator Hill, the author of the present bill, is & member of the judiciary committee and not of the eiections, which may account for his desire to have the bill go to that com mittee. The democratic members of the Judiciary committee say that 1if the republi- can members were not_present at the right time the fault was not theirs and they re- gard this as an invalid excuse for criticising their action, SENATOR H1 S BILL. For the Imposition of a Collateral Inheri. tance Legney Tax. WasniNaros, Dec. 11.—Senator Hill has crmpleied his bill for the imposition of a collateral inheritance logacy or succession tax, and it will in all probability be sub- mitted to congress this week. The follow- ing is the first and material section: Sectlon 1. After the passage of this act, all property, real wad. personal, wlitsoever, which shall pass by will or by ‘the interstate 1nWs Of any state or territory, from any per- son who shall die selzed or possessed of the same, or any interest therein, orincome there- from, which shall be transferred by deed, gra argain, sale or gift, made or intended to take oifect In possession or enjoyment aftor the death of the grantor or bargainer or &Ny PErson OF PErsons, or to any body politic or corparate, in trustor otherwlse, or by reason whoreofany porson or bady polliic or corpor- , shall become beneticially entitled in pos- session or expectancy o any property, or the income thereof (Where the whole of suel prop- erty shall_exceed the sum of #5000 in fair market valuel shall be and hereby is subject ton tax or duty,to bo paid to the United States as follows, that is to suy: irst—Where the person of persons entitled to any personal property, income or beneficial interest thereln, shall bo tho lineal issue or lineal ancestor to the person who died seized or possessed of such property, as aforesafd at the rate of #1 for each and évery $100 of tho clear market value of such personil property or iuterest therein, provided that real estate passing to tho person referred to in this sub- dlvision shall be exempt from taxation under ond—Where 1 to any pro| y T any bencficial interest brother or sister of t © porson or persons personal, or to n, shall be the person who died seized or possessed, as aforesaid, or a descendant of Such brother or sister, at §2 for every $100 of the clear market value of such property or interest. Third--\Whero the person or persons the entitled to any real or personal proberty,or to any beneficial interest therein, shall bo a brother oc sister of the father or mother, or a descend- unt of a brother or sistor of the father or mother, who_ died seized or pos- t the rate of #4 for each the clear mar alue of such property or interest. Fourth—Where the person or porsons therein shall be a brother or sister of the grandfather or grandmother, or & _descendant of 4 brother or sister of the grandmotheror grandfather, of the person_who died seized or possessed, as atoresaid, at the rato of 25 for each and every £100 0f the clear market value of such prop- erty or Intorest. Fifth—Where the porson or persons entitled 1o any property, real or personal,or to any Deneflgiul fnterdst thereln, shall bo' in any do- gree of collnteral consanguinity, then, us here- 1nbefore stated, or shall be a siranger in blood o the person who died seized or possessed, as aforesaid, or shall :be a body politic or corpo- o 0f 310 for ot and every $100 arket value of such property or interest, ed, that all property. real or personal, or any interest thereln pussing by will or by the liws of any state or territory, or by deed, grant, bargain und sale or otlier conveyance, to husband or wifeof the person who died seized or possessed as aforesuld, shall be ex- emnt fron tax or duty, unless such inter Shall exceed “the clear market value of 000; In which case the excessonly ove above that sum shall be liable to taxation at the rate of #1 for ench und every $100 of the clear market value of sucl excoss. Provided further, that any personul prop- erty or legacy or intervst therein passing, is aforesaid, toa minor child of the person Who died seized or possessed, as aforesald, shall be exemnt from taxation under thi* section unless such property or legacy therein shall exceed the sum of §10,000; in which case the excess only above that sum shall be liable to uch taxation at the rateof $i forcach and every hundred dollars of the clenr market value of such exces The word “child” or “children” shall also include a child or children adopted as such by the person who died seized or possessed under and pursuant o the laws of any state o the words “person’ or “persons' in Lulso include any body politics or corporute organized under the laws of any State, torritory, or forelgn state or power. Benjamin Des Passos is a recognized authority today in this conntry in questions of collateral inneritance. It was natural that Senator Hill should confer with Mr. Des Passos while preparing his bill and as a matter of fact the bill as published and shortly to be presented to congress is the product of Mr. Des Passos. OF MUCH IMPORTANOE, Admiral Gama's Desertion Means Much to the Brazillan Republi WasHINGTON, Dec. 11.—The y depart- ment on Sunday received the following dis- patch from Commander Pickings at Rio: *The Brazilian government has- requested consuls to warn vessels to move from their present anchorages, and has drawn a line inside of which 1t is dangerous to venture. This prevents the discharge of cargoes at wharves.” This is interpreted to mean that the an- chorage and the wharves have come with the line of fire of the forts and Mello's ship: and it is not safe to come within that line. It is not known how for tt is may interfera with the commerce of Rio. There is some questiou as to the proper translation as to the word given as wharves. As given it seems to include by implication all the land- ing facilities of the city. The Navy art- mwent is left in the dark as to the purpose of the order, 1t may be, it is suggested, that the erection of & new battery is contem- plated, which would make the present auchorage dangerous. The Brazilian revolution has assumed a new aund much more serious uspect by the declaration of Admiral de Gama in favor of the revolution and a restoration of the cm- Miuister Mendonca of Brazil, who has n most active in assisting the Peixuto government, does not seow 1o belittle the lousness of De Gama's defection. know Gama personally .and most inti- mautely," saio the minister, “and I realize he gives the rebels a very great power and prestige which they have never before had., Although he 18 a rear admiral or the same rank as Mello, yet De Guwa is recognized as the most popular and able wan in the navy. The entire nuvy is likely to follow De Gama, for he has a controlling Influence over most of tne ofticers of the mavy, and those who would rot fotlow him through respect would do s0 in fear of him." Senor Mendonea said De Gawa's defection in favor of restoring the empire would prob- ably stimulate the exiled relics of the old empire to contribute largely toward the restoration The pretender is related to some of the oldest and wealthiest noble houses i Europe," said he. *They will probably cowo followed with monoy to supply food and ammunition for the naval forces of De Gama and Mello. ‘T'here is a ‘colony of old Brazilian imperialists at Paris and auother in Portugal. The Iiourbons of Spain are also related to the pretender. 1 bave little doubt that Adwmiral de Gama had assurance in advance from these sources before he declared for the empire. One thing is ceriain, lowever, that 1s, a monurchy will never be restored 1w Braal, as republican institutions are too firmly planted to be shaken.” Postponed it Three Mouths. Wasmingroy, Dee. 1L—-The ways and weans committoe has chauged the time when the tariff bill goes ioto effect from March | o June 1, 1594 1 to re- | WAV MAXWELL DISSENTED Opinifon of the Ohief Justice in the Case of the Atch'sn & Nebras'ta. HI3S VIEN OF THE LAW AS 1T STAND3 Constitutional Provisions for the Protection of the Peopie’s Rights Ignored by the Corporations, Who Ars Up: Held by the Courts, cory, Dec. 11.—[Special to Tie Bug.]— Chief Justive Maxwell has filed his dissent- ing opinion in the celebrated case 1n which the state endeavored to revoke the charter of the Atchison & Nebraska Raiirond com- pany because of its consolidation with the B. & M. While the opinion of the chief jus- tice was not adopted by a majority of the court, it will stand a8 probably the last of his many doecisions and opinions upon 1m- portant questions, involving the rights of the people of Nebraska in contra-distinction to the encroachments of the corporate powers. For this reason, the main points of Judge Maxwell's dissenting opinion are worthy of reproduction. In concluding his opinion the chief justice pointedly exclaims that the time will come when the majority of the court will hold to his oninion. The chief justice briefly reviews the former decisions in this case, in which it was unanimously held that the Atchison & Nebraska did not form a continuous line with the B, & M. railroad, and’ was not within the provisions of the statute author- izing the making of a lease, and that such lease was unauthorized Then, continu- ing, he sa “The powers of a corporation organized under legislative statutes are such and only such as the statates confer, The charter of a corporation 1s tho measure of its powers, and the enumeration of these powers implies the exclusion of all others. Where a rail- road company, wlnlhnu‘ authority of law, leases its road to another railway company with all its rights, vroperty and franchises for a long period of time, it thereby abau- dons the operation of its roads and is subject to forfeiture. “Section 8, article xi of the constitution prohibits any railvoad corporation from con- solidating its stock, property, franchises or earnings, 1 whole or in part, with any other railroad corporation owning a parailel or compéting line. One of the ob this provision is to enable the public to ascertain the actual cost of euch railway in the state and to enable the legislature to pass just laws fixing an equitable rate of taxation and for the transpor nof por- sons and proverty, so that justice may be dono alike to the railway company, the public and e individuals. Things theCommissioners Overlooked. “Many of these points ave not referred to the opinion of the commissioners. Section article xi of the coustitution probibits any railw: company from consolidating its stock, property, franchises or earnings, in whole or in part, with any other railroad corporation owning a paraliel or competing line. It is admitted in the opinion that “within ten milesof Lincoln the B. & M. line and thac of the defendant were so near each other as to serve on regular equal terms some of the traflic destined to Lincoln, but vith this exception these lines wero not competing. and the above exception did not render them, within the meaning and effect of the provisions of the constitu- tion of 1875, prohibiting the cousolidation of railroad corporations owmning parallel and competing lines.’ *It will be otserved that it is admitted in the opinion in effect that at Lincoln and within ten miles thereof that the defendant road and the 1, & M. were competing lines. 1t we take ten miles square in every direction from Lincoln we wiil (have 400 square miles of territory, which at the preseut time con- tains more than 50,000 people. This territory is sufticient to form a county, and is the mini- mum number of miles fixed by the constitu- tion for that purpose. Yet the fact that the defendant is a competing road with the B, & M. is spoken of as though it was a trifling matter, notwithstanding the language of the constitution that there shall be no consolida- tion either mn the stock, property, franchise or earnings or any part thereof with any other parallel or competing line. *“The object of the constitutional conven- tion was to prevent one or two corporations from purchasing paraliel or competing lines, and thus prevent competition. The defend- ant, if disconnected with the B. & M., is a competing line for business in the territory named, and migit, perhaps, by carrying for lower rates thau the B. & M., benefit every resident of the city of Liucoln and the terri- tory adjacent, and thus induce new enter- prises and promote the prosperity, not only of the city, but of the state, “It is a well known fact also that the road was originally planned to extend to Columbus and there form a _competing line with the Union Pacitic railroad, and the records of this court show that the residents of Platte county donated $100,000 of county bonds to that road, presumably to obtain a competing in line. The majority opinion would aliow the B. & M. to purchase_the Union Pacific rail- way as a competing line. Other Communities Interested. “It is well known also that the defeudant line crosses the B. & M. line at Seward and would be a competing line there. If compe- tition could affect the rates of transportation for ten myiles on each side of Lancoln it would do the same for Columbus, Seward snd Te- cumseh. Thus, if Liocoln, by reason of re- duced rates, was enabled to pay an increased price for corn or stoc& or to sell goods at a lower rate thun without such competition, the same benefit would accrue to Tecumseh, Seward and Columbus and other towns along the line of the defendaut road and at- tention being callea to these lower rates would cause a reduction of rates on other lines in the state. ~But 1t is &« narrow view of the law to limit the benetits to be derived from competition to tho cities named. The defendant road cross- ng or connecting as it does every important line but one in the state would, if permitted to remain as when constructed, sn open and competing line, would greatly benefit the p«mlllc of the entire state, “Iam very confident also that this court has no power of admitting that the defend- ant is a competing line at the most Impor- tant point on the road, as is doue in the opiion in this case, to declare that such competition is not prohivited by the constitu- tion. There stands the constitutional pro- vision, like u wall of veck, prohibiting such consolidation or any consolidation in such cases. Strooger language could not be used, It isnot in the vower of Lhis court, therefore, to d re the consolidation’in this case valid and the time will come when the mufnrity opinion will be heli to be clearly in violation of the provisions of the constitution, ' Gossip at the Stute Hou The case of the Geneva National bank aguinst Silas Bailor et al was flled with the clerk of the supreme court Loaay. Creighton Morris, one of the state bank examiners, has fled his bond for $10.000 and iv hias been approved by Governor Crounse. Secrotaries Johnson and Koontz of the State Board of Transportation will visit the towns on the line of the Pacific Short Line next week for the purpose of taking testi- mony in the matter of application for trans- fer switches. They will visit O'Neill on Tuesday the 19th, and will be av Plainview, Randolph, Laurel and Jackson on the four successive days following. Adjutant General Gage today received a uumber of handsome new silk " flags from the goueral government. The flags cost the state $161, Justice Norval of the supreme court has taken up his wwporary residence in Lincolu Owiug 1o a press of business. Nebraska City Coopers Strike. Nesraska Crry, Dec. 1L —{Special Tele- gram to Tue Bk |—The coopers st the Nebraska City cereal mills struck today on accouut of & reductivn in the price for mak- ing small barrels. Thayer Couuty Teachers Meet. Hesroy, Neb,, Dec. 11,—[Special to Tus Bee.]—The Tuayer County Teachers asso- clation beld au interesting ana instructive THE OMAHA DAILY ! o b Py o Commencing windotws. Zomorriow . . BEE: TUESDAY, DECEMBER 12, 1803, What Do You Think of This? 3 We have nearly 500 odd sample lengths of trouserings-- a busy season’s trade--which we do not wish to invoice. mill make them'to order at actual cost of--Cloth--Making=~and Trimming, Trousers—To-Order “You can watch the mak- ' BS70a Pair mg of your frousers in our These Trousers Are Worth $8, $9 and $10 a Pair! You've heard the story about “The Early Bird,” ete, 2 lizott “One of our novel ways of winuing Jriends.” TELE Remnants--left over from To clean up this stock, we pair s tonmer. 207 South 15th Street Between FFarnam and Douglas, 5 3 0K O DR OR R R R TR Are You Looking for a Snap? “Not more than d t» any one session in this city Saturaay. V. D. Tim- merman read a paper entitled “The Teacher's Life" and Gottfreich Schmite addressed the convention on the “Difference Between German and American Schools.” Thomas Beale's subject was “*History,” and that of Mrs. Emily Burton w siterature.” The couvention closed with a recitation by W, W. Porter. ness men's carnival, given by tho ty of the Methodist Episco- shurch, proved very successful. C. M. Weiss, who hns acen visiting friends in Hastings, has roturned. William M. Barger, A.G. Collins and J. Bennett Luve returned from Lancoln. M. Scott and O. H. Scott are home from Omaha, where they have been attend- ing o session of the United States court. Benjamin Hersh of, Helena, Neb., is visit- ing his parents in vhis cit MURDERER CARUETON SENTENCED. August Gothmun's Stayer Will Be Hung March 23, 1804, I*REMONT, Dec. 11. ~[Special to T Bee.]— In the district court this morning Judge Marshali orderod the sheriff to have the coudemned prisoner. Charles Carleton, brought before him that sentence might be pronounced according, to the verdict ren- dered. The prisoner appeared with his same firm, elastic step and unconcerned a pearance that has characterized him during | the whole * o oFd@Al, - He was clean shaven and his makeup was scrupulously neat, but those who huve observed him closely remarked that his appearance de- noted that he had undergoue a great mental strain and looked somewhet emaciated and careworn, His attorney ook a seat beside the prisoner. ‘'hie judge, in a voice that trembled, pro- nounced sentence thus: **You have, i the case of the state of Nebrasku against you been prosecuted on the charge of murdering August Gothman and have been found guilty of murder 1n the first degree. Have you anything to say why judgment should not be pronounced?” Carleton arose and, without the movement of a muscle in fear or trepidation, replied: “All L have to say is I aum innocent and I have not had a fair trial ana it is an unjust conviction.” “Of course I have nothing to ao with that,” rephied the judge, “'we have to be governed by the verdict. ~Mr. Carleton, your serrtence is that you, Charles Carleton, defendant, be placed in solitary confinement in the jail of Dodge county until the 23d day of March, 1594, and on that day between the hours of 10 o’clock and 4 o'clock in the after- noon you shall be taken by the sheriff to the place of execution and there be hanged by the neck until you are dead, and that you shall pay the costs of this prosecution, tor which execution shall be awarded, That is all, Mr. Carleton.” Carleton then turned, and, with a broad smile upon his face, engaged in conversation with his attorney. When being taken back to the jail he founa fault with the sentence of solitary confinement and protested to the sheriff that he would not try to escape if the doors were thrown open. He was in- formed that the orders of the court would have to be strictly obeyed. heriff says vhat Carleton now begins to consider the gravity of the offense of which he stands convicted and that his buoyant confidence his ultimate acquittal has in a moeasure d serted him. From the first he has been en- tively confident that he would not be soverely punished. At the time of his trial he was so certain of a verdict of not guilty that he had a hack engaged and standing near the court house to take him home as soon as the verdict was announced, and the some confidence has characterized him until after ho was refused a new trial. He now protests that he never will be hung, regard less of the sentence, SCOTT WILL STAY L “IAL Injunction Agalust the County Court's In- terference Made Ferm nt, O'Nenr, Neb., Dec. 11.—[Special Tele- gram to ‘l'ur Bee.|—The injunction case to restrain County Judge Bowen from approv- ing Buarrett Scott’s bail bond, which was set for today, came up for heaving this worn- ing with both Judges Kipkaid and Bartow on the bench. The cage, was submitted by the attorneys withouj, argument. and a de- cision was handed down by Judge Bartow, ana was in substance as follows: When the district court najouruéd from oune date to another certain date, without closing the term, it is considéfey to be ouly a recess and court is in - fyof in session. That when the district couft his fixed the amount of a bond and takes a‘vAcation the county court has not jurlfldlufigfl‘ to approve a bond in the sum nominated’ by the district court. From that view of the case the court ordered that the teipovdvy injunction be made permanent. Tu#4 ¥hought that Scou will make no further éffort to procure bail. Judge Kinkaid frdm*the bench highly complimented Judge Bowen upon the care- fulness with which ba.bad proceeded in the case and stated that the decision was merely a matter of law and no reflection whatever upon the counpy Judge, who had exercised due precaution’ in the manner of procedure with the boud. Work of Erofessionsl Burglars. Farssugy, Dec. -—le:fm Telegram to Tue Bue|—Joseplt' Butler's meat wiarket was visited by burglars and the safe vlown open last night. They secured #0 and roined the safe. There is clew o the burglars, who are evidently professionals, Kenrupy Hotel Claseu. Keauxey, Doe. 11.—|Special Telegram to Tue Ber.]—The Brunswick hotel closed its doors o the public this moraiug voluntarily. Mr. Leach, the provrietor, says he will reopen ugain as s0ou as busiuess improves. somewhat. pant oficers SUSPECTED MES DISCHARGED B. & M. Employes Not Guilty of Breaking Car Seals, WATCHMAN OF THE COMPANY MISTAKEN John Patte: Easity F bilsh Their Postoflice Fight Growing Warm— Alleged Embezzler at Libert Lixcowy, Dec. 11.—[Special to Tue Bge. —John Patterson and H. C Grant, both of | leaving the city in pursuit of criminals, whom were arrested yosterday at the in- | Chief Cooper, lié was convinced, had acted stauce of O. M. Druse, special agent of the | With no intention of discrediting the author B.&M. onthe chargoof breaking into u | ity of -tho mayor or doing an act of dis- sealed freight car and stealing therefrom four or five pounds of raisins, were placed on trial before Judge Waters thi The principal witness for the B, & M as a night watchman by the compauy. swore that he saw Patterson fooling with the seal on the car door and afterwards saw Grant jump out of the car with & tin pail in nds which was supposed to contain Bovard swore that all this 5 in the morning, and that s dark he was able to distin- son’s features at a distance of used are both in the employ of the company and have al- They succeeded in proving to the satisfaction of the deputy county attorney and the judge that they were occupied with their duties at robbery was allegea to have rred and that they could not very well his i the stolen fruit. occurred at 0: although it w guish Pattel from 100 to 200 feet. The ways born excellent reputations, the time the oce have perpetrated the crime unless th solved the problem of how to be in places at once. charged. Damages Against the City. W. S, Learn was today aw of 8176 against the city of Lincola for in- o oy S juries received whilo driving o heavy road [ L W, Culbertson, the man who was roller over the city's bridge over Sult creek | \£31Ed on 1AERE L0l Ak, 148D Y at Q street, In decil ‘of the size of Lincoln. shown that the committec on roads bridges, appointed by the city council, g ned the bridge two s ngo It had on and . C. Grant of Lincoln Tunocence— orning. was an old man named Bovard who is employed They were accordingly dis- ded a verdict ng the case the judge held that the city had built the bridge and maiotainea it as a part of the regulnr st aftic which would naturally occur in a been and gon with the under- standing that he is toactas a patrolman while Patrolman McDaniels assumes charge of the wagon, McDaniels is the only mau who has so far been found who is able to manage the spirited horses attached to the police wagou. This fact explains the action of the excise b d in reversing the position of tho twomen. Hereafter the patrolmau will drive the wagon at £(0 per month while the official driver will pace a beat for 45, Chiet Cooper Re tated, Mayor Weir today issued an ovder rein- stating Chicf of Police Cooper and Oftices Pound, both of whom were suspended last Friday evening. 9'he mayor took this action thout waiting for anv investigation on tho part of the excise board, simply stating that 3 mutual explapations have satisfied all parties concerned md harmony once more_spr her white city hall. The mayor has also modified former order to an xtent thav gi outof the city in cases of grave emergency Uarnes Still In Custod, Alfred H. Bates, or Barnes tody at the police Station and will be trial tomorrow morning. 1t is lear he is wanted more particularly b, keeper in Pontiac, Mich, He visited t He ed Co. of New York City. He tiac for some days and_left without his bill at the hotel. The fact was to the firm of O'Neill & Co. by C. W. Horton & Co. of Pontiuc, and the York firm promptly disowned him stated that ‘1t wouid prosecute him could be apprehonded. It is aiso learned that Barnes stated to parties at the Hotel Lincoln that hie was an active partuer i the firm of O'Neill & Co. had Bates was rearvested this evening on two f being a fugitive from justice. A s received from O'Neill & Co. of York stating that they would bear all expenses of prosecution. ¥rom the Police Court. W. Frauklin, was discharged this mornin there being o evidence to hold him. Henry Hitcheock is charged with hay burglurized [isler's store on street. He was called morning, but was until next Saturaay morning. time he is out on bonds, ng North Ninth up for trial this nted a continuance et nd ad In the mean- recowmended that it be repliced with a new | , Jatics Moove was fined #.20 for being structure, and that in spite of this fuct, the | GUPICANE SSOREIINE L e had permitted the continued use of the | a4 ’*, OxBncyHrangis bLiapawhohave bridge. Tho testimony furtnor showed that | beenundorarrest for some woeks on the tho Lridge was i bad condition a% the time | Susbicion of hawng buon imulicatad in tho o e e dent ocrurmed and” thet the | robbery of the store at Mulcoim. were dis- plaintif had no knowledge of the fact, For Lack of Jurisdiction; William Walters, the young man |'l|u1'>::n| the Tea com- was discharged by Judge Tibbetts this morning on the grounds that the dis- had no Walters, by his attorneys, had moved for a dismissal of H'N! the ence showed that he had received the it also showed that the tent had occurred-at Ash- The attorneys raised the point that & man cannot be triod in one case for an oftunse alleged to have been committed in aunother county, aud the with the crime of embezzlem managers of the Union Pac pany, by wrict court for Lancaster county Jurisdiction over the case. case upon the that ev goods in Lincol alleged embezz) lana, grounds while in Saunders county. judge sustained them, County At Woodward 1aterposed an exception, and the case will be taken to the supreme court. Linculn's Postoflice Fight. The controversy among the to the chances of the various heat. Hon, N. Washiogton yesterd: 10 see what Huff, while it is intimated that A terests of Mr. Whitmore. Sawyer are both ‘“administration" the in the vecent state campaign. time word comes from Thirty Delegates Present, About thi identitied with the se: Buiiding ana Loan Associations. Nattiuger of Omaha, Guy R. C Dr. Quoen Discharged. Dr. Wesley W. Queen, who was charged by & corouer's jury with having performea a criminal operation upon Mrs. George To- sulted in her death, was tonight discharged there not being sum- cient evideuce to hold him to the district Richardson some two weeks ago, wh by Judge Foxwortiy court. Police Force Uhanges. The excise board heid a session this after- ex-member of the police force, was appointed night cap- tain, vice Fred Miller, whose election to the office of sheriff leads to his retirement on January 1. H. A. Nightingale was appoiated noon at which ¥. A. Mason, an id nuncs as ndidates for the Lincoln postofice has reached a fever Harwood started for 3 may done iu aid of his preferred candidate, ) J. Sawyer will also go to the national capital in the in- Huarwooa and demo- crats, both taking the part of Presiaent Cleveland in the contest which saw fit to wage against Congressmau Bryau In the mean- Washington that the prospects of J. D. Calhoun arve Lrightening Calhoun is the only one of the three candidates who takes a philosophical view of the situation, latter y delegates, including promi- veral lations, have arrived m the city to participate in the secona unnual convention of the State League of The con- vention will assemble at Hotel Lincoln at 10 o'clock tomorrow morning. aadresses will be delivered by President T. J. Fitzmorris of Omaha, Secretary G. M. | 'V Reed of Omaha and C. F. Bentiey of (irand lsland. The principal charged today. John Coz, Lusband of one of the women dischargod today, will have a hearing befor Brown tomorrow. J. 0. Clark & M. switchmaa, was arrested tonight on the charge of stealing 1XOIm A WAy car an overcoat, suit of clothes, fur mufller, cap, overshoes and mittens be- longing to Conductar C. A. Day. The muftier was afterward found in the freight yards, but the rest of the property has not been recovered. Freak of n Hastixes, Dee, 11— [Special Telegram to Ty Bee.]—Charles Herzel was today com- mitted to the asylum at Lincoin by the Adams county insanity commission. He s put off & B. & M. train at Kenesaw last ud immediately broke into the sta- T'be agent was aroused and went down stairs to meev the supposed ourglar. The nsane man stood the agent off with u poker and built up a fire till daylight, when he was arrested. When before i justice at Kene- suw he astonished every one by claiming to be a son of Prékident Harvison Nesiaska Ciry, Dee. 11.—[Special Tele- gram to Tug Bek.] ar Stafford, o promineut resident, was declared ihsace to- day by the commissionersof insanity. i1 tion. be ath from Nutural Caus Davip Ciry, Neb., Dec. 1l,—[Special to Tue Bee.)—The coroner's jury investigating the death of A. D. McDonald returned a verdict of death from natural causes, The body was shipped east today. e W. C. A, Aunuunt M & The annual meeting of the Woman's Chr tian association will convene at Chambers' hall, Scventeenth ana Douglas streets, this morning at 10:30 o'clock. The program of the session is as follows 10580 a. n ninutes; pri ne; music; e i retary's report port:” report of the Young luncheon. Opening hymn, 2 p. o1; treasurer's report; report of the Burt Btrect Lome; pluno solo: oman's Work n Soctal Reforu, Mrs. B. Tracy; election of officers; by —— Little pills for great ills Early Risers. i; corresponding om DeWity's Little e Will Try to Form & New Order. Kaxsas City, Dec. 11.—The Star's Pitis- burg, Kau., special says: Information con- cerning the miners’ couvention, which was held here Saturday night behind closed ¢oors, is gradually leaking out. 1t has been ascertained that President Walters tendered his x'«lynalion a8 president of the United Mine Workers association and that it was accepted. He will endeavor, it is said, o form a new orgauization. m———— Cure iudigestion ' and billousness with DeWitt's Litile Early Risers, he nad no desire or intention of removing | the chief from h on, but wished to cmpha he had 1ssued som weaks to membe es the chief of police the authority to send his men still in cus- givena that otel b ty last month and represented himself as a representative of the firm of H. O'Neill & remainedin Pon- wings over ! | HINDOO REMEDY Tndapo Made a well ez THUR GREAT g Slemory, 5, Weakness, & toeure or money ret bt invist on baving 1N DAPO. 1¢ Lol it s WL ELad1c prepald. ‘0., CHICAGO, ILL., or thefr agents. Don't NEBRASKA NATIONAL BANK. U. 8. Depository, Omaha, Nab. CAPITAL, -~ L e, SURPLUS, - - - 400,000 $65.000 Offcers and Diectors ~Henry W. Yatas. prajl- dent, R. % Cushing, vice president, O. S, W. V. Mo-as, John S. Oolliaa, J. N Lowis 8. Roed, cashler. THE IRON BANK. BAILEY, LEADING DENTIST =B il Tl A FULL SET ON RUBBER $5°° Teeth extracted palnlessly in morning. NEW TEETH SAME DAY, Palnless Fllling. Now Process. Bridge and Crown work, finest and best at lowestprices. ALl work warranted. Paxton Blk., 16th and Farnam 8t3. rance on 10th Nt Telephone 1083, MANLY FruKITY CutiounA RENEDIES eleans and sealp of v purity, and d ple, Acroful reditary, 1 they are flio tho blood, eki ry eruplicn, | ‘ lier s} when t the world. Genius ishard work successfully applied. Nerve Beans increase your capacity for work or pleasure, give health and strength and appetite. Their offoct is marvelou and fmmedlate. **A box 1s enougl All druggists, or by mail—one dollar __NERVE BEAN CO., BUFFALO, N. Y. A CARD, Owing to the stringency of the times, I have reduced my regular charges Lo cash patients Lo exact- ly one balf of the printed oculist’s fee bill E. T. ALLEN, M, D, Iye and Ear Surgeon Room 201 Paxton Block, 16th and Farnan o will send you the marvelous ch Proparation CALTHOS e Aud 8 Tagal guaranie Lia LAH0S will Bestore ¥oi enlth, Strength cul Vigor. o, Useitand pay if salisfied. Address VON MOHL €O., Sole Ameriean Ageats, Clusenati, Oblo. i ———— Stockholders Meeting. OFFIOE OF LEE-CLARKE-ANDREESEN HARD- WARE €0, OMAHA, Neb., Dee, 5, 1593, Notice ix hereby kiven to e stackloldors of tho Lies Clarke-Androesen Hurdware conibuny thut he auvual weetng of the stockholdors of the cowpany will be held at the offices of " ‘the * sald company, 1219, 1221 and 1223 Harney street, in the olty of Omaba, in”the state of Nebriska, on Tuss- dauy, January 9, A. D., 1894, at 8 o'clock p. m for the purpose of electiug w board of directo for the company to servo durlng the ensulng year and 10 transact such other business ns Iuay be preseated ut such weeting. Lew, President. Attest: W. M. GLass, Socretary. DSAs0Le