Omaha Daily Bee Newspaper, March 7, 1894, Page 5

e WHO MAKES THE TAX IFH Omaha's School Board and Council Before the Bupreme Court, MEANING OF THE LAW FULLY DISCUSSED Council's nell fonary— onds that th nd Attorney € 18 Disers News, Attorney Melklo ¢ Duty Is Ministerial Argues that 1t Supreme Conrt LINCOLN, March 6.—(Special to The Bee.) ~The case In which the school district of Omaha applics to the supreme court for a peremptory writ of mandamus to require the mayor and eity couneil of that ity to levy a tax upon the (axable property of that city sufficient to raise the sum of $70,000 for the support of the schools for the year 1804-5 was argued beforo the supreme court this forenoon, Attorney James B. Melkle appear- ing for the Board of Education and Hon. W. V. Connell for the mayor and city council. In his argument before the court Attorney Meikle first reviewed the history of the Achool law of Nebraska, attempting to show that each Incorporated metropolitan eity con- stitutes one school district, and such shall be a body corporate and possess ull the usu: powers of a corporation for public purposes; that the school shall be under the dircction and control of the board; that the affairs of tho school district shall be conducted by the board; that the board has power to provide for the payment of debts, and that the statutes make It the duty of the Board of Bducation to annually report to the city council the amounts of funds required for the support of the schools and that the city councll s therefore authorized and required to levy and collect such amounts the same as other tax Mr. Melkle's closed by saying: “The fact that the legislature has placed the management of affairs of the school dis- trict in the hands of a board consisting of fifteen members, who are required to meet at least twice In each month for the trans. action of the business of the district, who are presumed to know its necds and who give their time and special attention to the welfare of the schools, would clearly indi- cate that the intention was to give the hoard exclusive control of all mattors connected with the schools, except as to the one item of levying and collecting the taxes, and that 18 glven to the city council solely for the roason that the taxes can be collectel in that way at a very slight increase of ex. pense over the collection of the city taxes, whereas 1f they were collected by the board a great additional expense would be incurred. | This is a sufficlent reason for the placing of the levy and collection of the taxes In the hands of the mayor and council, It imposes upon them a ministerial duty only, and does not call for nor permit any exercise of discretion. It is for the board to say how much shall be raised, and it is the duty of the mayor and cily council to ralse it.” ATTORNEY CONNELL'S ARGUMENT. Upon the part of the city council, Mr: Connell argued first that the writ should not fssue against the mayor for the reason that tho statutes relicd upon by the Board of Zducation sed a duty upon the city council, but none upon the mayor. The only official‘act incumbent upon the mayor in connection with the levy of a tax is to approve or disapprove the ordinance of the council_ordering such levy. No such ordi- nance has been presented to the mayor for approval. Hence It is impossible that he should have refused to approve it. In other words, Mr. Connell maintalned that the mayor has not refused to perform the duty which the Board of Education claims ls im- posed upon him In this matter. Then, Mr. Connell contended, the writ runs against the mayor and. city council, two separate parties. If it cannot be sustained as to the mayor, 1t must be denfed altogether. Answering the claim of Attorney Meikle that the duties fmposed upon the city council by the statutes were purely ministerial and that the council was compelled to levy any tax within the 2 per cent limit that the Board of Education might dictate, Mr. Con- nell cited the fact that the Omaha cily charter became a law in 1887, while the sec- tion of the statutes quoted by the attorney for the' school board was not enacted until 1891, The charter (section 15) provides that the mayor and council shall have the care and management of the city, its prop- erty and finances, and ‘“shall have power to pass, amend or repeal any or all ordi- nances not repugnant to the constitution or laws of the state,” ete. “The care, management and control of the city finances,” contended Mr. Connell, “necessarily includes the exerclse of full digcretionary powers In lall departments. The constrution contended for by the at- torneys on the other side completely takes out from under the control of the city gov- ernment a most important matter of city finances. Not only that, but It seriously interferes with the city's management of its finances in all other departments, since it puts it in the power of the board, by the extravagance of its estimates, to compel the city government to reduce below proper limits levies for the maintenance of other equally essential expenditures. It destroys the power of tho city government to ex- erclso its plainly granted power to fix the proportion which ecach expenditure, in its judgment, should bear to the whole mu- nicipal taxation. “In the levy of all other taxes full scope is given to the mayor and council to exer- cige their discretion as to the amount of the levy. The mayor has the veto power and the council the right to, consider his objections. The words, ‘the same as other taxes,' includes the foregoing as much as any other parts of the tax levy and collec- tion proceedings. The statute does not say that the amount named in the estimate shall be levied. The requirement is that the council shall levy the said amount, viz.: The amounts of funds required for the support of the schools, Such construc- tion would preserve the power of the city government to exercise its discretion in making the levy and glve to the board's estimate a directory instead of a mandatory force. Tho estimate of the board would in that case have the same functions as the estimates of the comptroller in other tax levies, to aid and inform the councl, “I submit that under the constitution no other construction can be put upon the sec- tion in question which will preserve its -validity REVIVED THE HILL CASE. Interest fn the case In which the state of Nebraska secks to recover from ex-Treasurer J. B. Hill and his bondsmen the money lost in the Caoital Natlonal was revived this forencon by papers flled in the supr court by Attornoy General Hastings. It will be remembered that the attorney general and Judge Wakeley, who had been retained for counsel by the state, commenced an fon against Hill and his bondsmen in the Qistrict court in and for Douglas county, Judge Davis dismissed the case on the rounds that the court In Douglas county lacked Jurisdiction. The case was appealed to the supreme court and some two months A0 that court affirmed the opinion of Judge Davis. The state applied for and recelved permission to file and argue a motion for a rehearing Pending the application for a rehearing tho attorneys representing the state will endeavor to secure a modification of the rules of tho supreme court, or, rather, the rdoption of a new rule elpeclally covering the issues Involved in the present case. Beotlon 2 of article vi of the state constitu- ton provides specifically that “the supreme pourt * * * hall have orlginal jurisdic- ton in cases relating to the revenue, civil rases in which the state shall bo a party, mandamus, quo warranto, habeas corpus and auch appellate jurisdictions as may be pro- vided by law.” In the application to the supreme court today the attorney general calls the atten- tion of the court to this specific provision of the supreme court and calls further attens tion to the fact (WMt no provision has, as ¥et, been made by law for the service ot process in such cases, or as to the methods of procedure by which such jurisdiction may be exercised. The attorney general further represents that heretoforo controversies have fre. quently arisen of such character and impor- tance that It would have been greatly to the advantage of the stato If the attorney gen. eral in his discretion could have imstituted ad prosecuted such actions in the supreme argument was brief. He [ th _THE OMAHA DATLY 1894 and that controverafes o char- l importance are llable to frequently | future. He sets forth the fact, present time it 18 nccessary fof | to speedily commence | d prosecute an action, un direction of | governot of the stato, ngainst ex-Treass Hill and others who were sureties on official bonds. He belioves that this | case is u fit and proper action to be brought originally in the supremo court. He belleves that the supreme court has full power and | authority to provide by appropriate rules | for the necessary process to bring parties | before it in such casex and he asks the court | to take such action as may be proper and necessary to that end. The coirt advised the attorney general | that his application would be formally heard on March 20, both by oral argument and printed briefs, He was instructed to propare briefs and serve them upon attors neys for ex-Treasurer Hill, FIGY HANGER APPEA Z. 'f. White, the Nebraska City man last week convicted of hanging J. Sterling Mor ton in effigy and who was fined $200 for the offense, has appealed to the supreme cou against the decision of the lower court. He claims that there fs prejudicial error in the record of the trial of his case and that he did not have a fair and impartial trial He has not yet filed his bill of exceptio sges that he fs without money or property to pay s fine; that ho Is the head of a famlly, which ls dependent upon him for support; that he is dependent upon his daily labor for the maintenance of himself and family; and that to compel him to lie in jail is | ¢ to deprive him of the bene- fit of his right to be heard in this court. State against State Bank of Wahoo, Ex- cept rt of referce to he filed by March 13, The following causes were argued and sub mitted: Ripley against on motion; Unlon Stock Yards agains n; State ex | rel School District of Omaha against Mayor and Councll of Omaha. M PEOPLE EX CITED. 1L Flickinger Charged with Burn- ing a School House, GRESHAM, Neb., March 6.—(Special Tele- gram to The Bee.)—Later developments in the school house fire, a synopsis of which was given in The Dee of March 5, are interest- ing. A roll of paper saturated with kero- sene when lit flashed up very bright, thus tracting attention and affording @n oppors tunity to get a good description of the party who did the flendish act, Four persons were within 200 feet of the-building when the first match was struck, two of whom have since positively identified the person and the other two given good descriptions. Two of them gave chase and came near captur- ing the author of the erime, but darkness fayored him and he escaped. The fire was soon under control and, after setting a watch for the night, the citizens attracted by the alarm returncd home feel- ing secure, only to be called up three hours later to sco a fine two story building reduced to ashes. The fire had been started between the siding and the plastering, and had not been wholly put out and a_stiff north wind 1 brought the embers ‘to life with r newed vigor. The citizens were then angry and at once set about to discover traces ot the perpetrator. The brace and bit that bored the hole were found and identified. The bottle from which the ol was obtained, with other evidence, resulted in the arrest of George H. Flickinger of this place. Mr. Flickinger, usually called “Flick,” came hera last September from Seward and engaged In the confectionery business, which soon devel- oped all the features of a saloon except the legal authority. This state of affairs con- tinued until December, when he sold out to avoid prosecution, conrt acter an arise in the that at the the attorney general urer his GRESH George JAILER HEARD THE SAW, Attempted Delivery at Lincoln Frustrated by the Vigilance of the Sheriff. LINCOLN, March 6.—A bold attempt at g wholesale jail delivery of prisoners in the county bastlle was nipped in the bud last night by Sherift Miller. About a week ago tha officers heard a sawing sound, but were unable to place it without letting the prisoners know that they were under sur- veillance. About the same time It was dis- covered that some one from the outside had loosened a stone in the east wall, so that it might be readily removed from within. The county commissioners were informed of the doings, but Sheriff Miller deemed it advis- able to be patient and wait for development meanwhile keeping a close watch on the pro- gress that was being made. It was hoped that the outside parties might return, but they did not. A close watch was maintained until last night, but the prime movers could not be caught at work, owing to the fact that the cage was occupied during the day by some thirty or thirty-five men. Las night it was discovered that two bars in the northwest corner of the cage had been sawed. The plan evidently was to “lay low” until the outsiders had everything fixed and to then escape elther early in the morning or early in the evening before the prisoners are placed in their cells. Fremont Brevities. FREMONT, March 6.—(Special to The Bee.) ~“Captain Murray, who has been in the hospital at Omaha for treatment from the effects of a fall, has 50 far recovered that he is visiting with'friends in Lincoln. A case was in district court yesterday growing out of the failure of Nesbitt & Rogers, hardware merchants. The ques- tion Invelves a priority of mort- gages fled on the stock of the firm. The document filed recites that on the day of the failure the firm was indebted in large sums to Marcah E. Rogers and others, all bona fide debts, but the members could not agree as to the manner in which they should be secured, and each, without the knowledge of the other, undertook to secure such creditors as he individually pre- forred. Decision was deferred until Thurs- day morning. Mrs. F. W. nounced insane. J. F. Hansen, R. M. Allen, F. L. Burrill, Robert Kettle, A. J. Lee, Otto Huette, John Kruckett and L. M. Kcene have been se- to represent the'city and the Board Trade as delegates to the interstate tion convention at Omaha March 22 Smith was yesterday pro- Blake and Wichelow, the men arrested for robbing”Huck's jewelry store at North Bend, were given a hearing before the county judge today and placed under $1,000 bonds each to appear at the next term of the district court. In default of bonds they were remanded to the county jail. In the Intorest of irrigation. CRAWFORD, Neb., March 6.—(Special logram to The Bee)—The Northwest ebraska Irrigation association held its an- nual meeting at Crawford today and wa gely attended by enthusiastic delegate from the four counties comprising the dis- trict. Some very Important resolutions were adopted, favoring a general state irrigation law with provisions for experimental artesian wells in the northwest, and favoring congres- sional legislition for an Irrigation survey of the wes! states. The fol legates wera elected to attend the ate irrigation convention in ha March 21: C. J. Grable, Craw- ford; 1z J. Simmons, Harrison; E. K. Heath, Rushville, and J. S. Paradis, Hemingford. A committee comprising three membors from each county in the district was electéd for the purpose of urging proper irrigation laws before the coming Nebraska leglslature. Serious Hesutt of a Quarrel, FULLERTON, Neb., March 6.—(Speclal to The Bee)—C. W. Balley, & young farmer of Prairle Creek township of this (Nance) county, while engaged In a quarrel with William Murphy, who hails from Colorado, was shot and severely wounded yesterday ut his farm. The quarrel was over some cattle which Murphy was herding getting into Bailey's corn and Bailey shutting them up Murphy undertook to take the cattle out of the lot by force, while Bailey resisted. Mur- phy then went“away, procured a 38-caliber revolver, returned and renewed hostilities, which resulted in the shooting of Bailey. Murphy is now in the hands of the sherifr Ho I8 about 20 years old and a stranger in this county. i i Brewst very Harn Burned. DUNNING, Neb., March 6.—(Special Tele- gram to The Bee)-~The Thomas livery barn at Brewster was destroyed by fire last night. Five horses and one cow belonging to patrons of the barn burned. Loss, $1,800; Insurance, $1,000. The origin of the fire is unknows. DELAYED BY THE U)l\(ll Another Effort to Secure Important Im- provements at Lincoln Fails, IS CHARGED TO RAILROAD INFLUENCE Oflicinls of the 1. & M. Alleged to Have Prevented n Quorum Weing Present for the Purpose of Defeating Proposed Legislation. LINCOLN, March 6.—(Special to The Bee.) The citizens of Lincoln who have been working to secure a viaduct over the tracks of the several raliroad companies north of the city have met with a rebuff that is likely to delay the construction of the via- duct for another year, The ordinance has been before the city council for some weeks. In order to make the ordinance effective it was necessary to submit to a vote of the people a proposition to vote bonds for the payment of the city's share of the expense. This ordinance has also been before the council for some time, but action has been postponed upon one pretext and another. The bond election has been called for April 3, and last night was th ast upon which the council could pass the ordinance and give the voters the notice required by law It was freely predicted all day yesterday that a quorum could not be secured and last night the predictions were verified. Out of the faurteen councilmen but five put in an ap- pearance, and now it is openly charged that the absentees remained away at the instiga- tion of the B. & M. railroad officials in this city, who are using every means to prevent the council from ordering the construction of the viaduct. ALLEGED DETECTIVE Hen Brady is the name dotective who is today behind the chilly grating of a cell in the county jail. He claims to belong to a detective agency hay- ing a branch in this city, but in reality he is a young man who has figured extensively on the police court records as a bad citizen. Friday night he went to the home of a young woman who has been under police surveillance for some time. She was living in a respectable family and claimed to have commented to reform her ways some five months ago. Brady called her to the door and indeavored to induce her to pass the night with a friend and offcred to pay her a $5 note if she would again take a tem- porary relapse from the virtue she had lately assumed. She refused. That night she was arrested on the complaint of Brady. After a trial she was discharged and Brady himself was arrested and brought into court on the charge of soliciting a female for im- moral purposes. He claimed that he was a detective and was trying to discover whether Mayor Weir's recent orders were being en- forced. His plea didn't go down with the court and he was fined $50 and costs. Today he was taken to the jail because he couldn’t pay bis fine. CONGRESSMAN BRYAN Congressman Bryan arrived home from the national capital last night. -His friends wore prevented from greeting him with the usual demonstration, with brass band and torch light accompaniment, for the reason that they were unadvised as to the exact hour of his arrival. Mr. Bryan will remain lere for a day or o before commencing®his western tour.” He speaks at Omaha Thurs- day evening and at Crete one evening later in the week. On Saturday evening he speaks at Orleans and on Monday night at Denver. He expresses the opinion that the immense amount of labor that will soon devolve upon the government in the way of coining silver dollars will necessitate the establishment of a large number of mints. He believes that one of them can be secured for Lincoln and is sanguine for the success of his bill. - LINCOLN IN BRIEF. Joseph A. McGraw today commenced suit against the Rock Island Railroad company for .$20,000 damages. He claims that on December 28, 1892, he was badly Injured by being run into by ‘a locomotive belonging to the company. The First National bank of Cadiz, today secured a judgment against the Cap. ital National bank for $475. The democratic city convention has been called to meet on Friday of the present week. The republican convention will bs held on Monday next. The residence of R. C. Outealt, cashier of the defunct Capital National bank, was this ternoon sold at sherift’s sale for $9,430, the purchaser being Yonker Bros. of Des Moines. The residence was sold to satisfy a judgment secured in district court by Yonker Bros. This is one of the pleces of property transferred by Outcalt the day after the failure of the bank, and for which the depositors blame the bank examiner for not proceeding to attach as soon as he learned that the bank was insolvent. CORRECTED CLERICAL NT TO JATL. of an amateur AT HOME. RRORS, ' Interesting Tostimony Bearing on the Maxi- mum Rate Injunction Case. INCOLN, March 6.—(Special Telegram to Tho Bee)—Some Important testimony was taken at the state house today bearing upon the maximum rate injunction case now pend- ing in the the federal court. The witnesses were J. N. Gafiin, speaker of the house, of Republican City; H. A. Edwards, secretary of state, and Porter of Merrick county, member of the house, chairman of the committee on railroads’ at the last session of the legislature, They were called by the rallroads, and their testimony was not of the character that will impress the people of the state with the methods which prevailed at the last session. In response to the question of Attorney J. M. Woolworth, Secretary Edwards admit- ted that the maximum rate bill might have been changed while it was out of his hands, but was positive that no changes had been mado with his knowledge or consent. He testified that the bill had been read in the same manner that long bills are always road, the first two times by the title and the third time In full. If any changes were made in the bill while it was pending they must have been made while the bill was in the hands of either himself or one of his three assistants, Doughty, Little- fleld or Shrader, Representatiye Porter of Merrick county testified that his attention had been called to the fact that the engrossed copy of the bill was inconsistent with the original bill. The matter was discussed at an informal conference, at which himself, Rhodes and Newberry were present. Speaker Gaflin had been required to be present and when he came in his opinion was asked. The speaker had sald that if the errors were of purely clerical nature it was the duty of the en- grossing clerks to correct them before com- pleting thelr work. The errors referred to consisted of omissions only. Speaker Gafin stated that he had been called to the con- ference referred to by Mr. Porter and that the question had been submitted to him whether they had a right to correct errors in the enrolled bill before it went to the house. He gave it as his opinion that purely clerical errors could be corrected and he instructed the engrossing clerks to that effect. The hearing will be resumed tomorrow. O'NEILL, Neb., March 6.—(Special Tele- gram to The Bee.)—The district court, which has been in session here for the past three weeks, 00k a recess yesterday for a few weeks. Today the board take evidence in of supervisors met to the {mpeachment case which was started against John Skirving, clork of the district court, last month, County Attorney H. E. Murphy and M. F Harrington represent the plaintiff, while N. D. Jackson of Neligh, R.'R. Dickson and T. V. Golden of this city are the attorneys for the defense. The main point of the case Is the charge of negligence of duty, but the prosecution {8 not making the headway they antlcipated, A majority of the members of the board are independents, whilo the officer they are attempting to lmpeach is @ repub. lican and they mean to get charge of the office if possible. The case will consume several days Rofused to (umpru nise. GRAND ISLAND, Neb., March 6.—(Special to The Bee.)—The Board of Edueation at its meeting last night rejected the proposition Making F ncn'li—\ur Money CHF‘ESE CTOTH 1€ . varo. ECOADAY BISEMENT. Best 9-4 Sheeting. 19¢ Value 25e. Lot Halt Wool Challies, Ozc Regular 20c goods. BEE WEDNESDAY, MARCH 7, For This Week as Long Handsome Japanese Silks, 23c Value $1.00 and $1.25, Stdrm Serges, all wool, 83¢ Value 60c. Erglish Whipcord, 582 Value $1.00. Novelty Blick Goods, /83C Value $1.15. They Last. The great inrcads we have been making in the great Walker stock leaves no shadow of doubt in our minds that an appreciative public will have takenthe lastvestige of the stock off our hands by the end of the week: We quote some specimen bar= gains still left which will bring us thousands of buyers for the balance Buy now. Getsome of the plums which are dropping. Goods are bound to be much higher and choice goods are scarce. These specimen bargains only for this wesk. Many more like them abound in all departments. of the week. { e Marse Dry Goods Co from the friends of E. C. Hockenberger, the defaulting secretary; 'to settle the claim of $2,000 shortage for- $1,000, the vote standing 6 to 2. A lively fight:was made, however, upon the resolution”'to accept before the same was voted dowh. Miller, one of the two members who voted for the acceptance, offered that if the other members would pay their share, ne, @s, ono of the eight who neglected to require a second bond of Hock- enberger, would bo willing to pay his pro- portion of the amount, $125. During the time Hockenberger's first shortage occurred his actions were insured by a bond of $1,000, which bond has, however, disappeared. For the next term the board neglected to take a bond. A resolution was passed appointing a committee to investigate fully and see to the recovéry of the missing bond, the resolu- tion providing for as many search warrants as may be found necessary. Nuckolls County Teachers Organize. NELSON, Neb., March 6.—(Special to The Bee)—An unusual degree of intergst is man- ifested in educational affairs in Nuckolls county. On March 3 the county educators were invited here by the county superin- tendent, Miss Celia A. Gorby. About 300 people, composed of teachers, district boards and friends of education, were present at the Nelson High school building and were enter- tained with a bright, Interesting program of beautiful music, excellent papers and able discussfons. A permanent assoclation was organized. The organization starts with a good fund for a county teachers library and to provide for lectures and suitable instruc- tion for the actual training and preparatory work to be done in these associations. Early Dividend. GRAND ISLAND, Neb., March 6.—(Special Telegram to The Bee.)—Receiver Westervelt has announced that a dividend of 26 per cent had been declared to the depositors of the Citizens National bank, payable about April 1. A dividend was expected about April 15 The news is received with delight, as it will do much to.loosen the stringency in this community. The dividend is considered as an exceptionally early and good one. Child’s Hunds Mangled. KEARNEY, Neb., March 6.—(Special Tele- gram to The Bee)—This afternoon while a young son of John Barnds, living south of town, was out hunting, he was resting on is gun with his hands over the muzzle when 1t was discharged, the contents passing through his hands and taking off part of his left ear. The right hand will probably have to be amputated. He is 13 years of age. Working for Dr. Mitler. CRETE, Neb., March 6.—(Special Tele- gram to The Bee)—The city council of this city, by unanimous vote, telegraphed the tollowing to the president today: Be It resolved by the mayor and counctl of the city of Crete that this body with the rest of the state in earnc questing the appointment of Dr, € Miller of Omaha to' the vacancy Interstate Commerce mmission, Red Cloud Residence Destroyed. RED CLOUD, Neb;, March 6.—(Special to The Bee)—At 1 o'clock last night the dwell- ing of B. F. Mizer, the finest residence in the city, caught fipe and w arly de- stroyed. Loss $4,600; insurance $4,000 on building and $500 on household goods, in the British~American. _ B — KILLED BY VES (oot Four Miners i One Mino and Three in An- other Los¢ Their Lives. SCRANTON, Pa., March 6.—Four men of a gang of mine shatt/sinkers were killed in the Richmond shaft., The accident was caused by the fall id# some rock from the side, near the bottomy'and as a consequence of an explosion of gas. The victims are: THOMAS HOLWELL, married, wite and child, RICHARD HUGHES, single, JAMES NORTHERN, singl ALBERT RICHARDS, single, Five others of the sbift made thelr BRUCE MINES, Ont., March 6—Three miners were killed at the Ophir gold mine today by a rock caving in on them. The names of the dead men are; FRANK PERCY. JAMES 0. HEATH. ANTHONY SAVAGE. e To Malke Up the Time They Lost. HAMMOND, Ind., March 6.—After belng out a week the Bast Chicago strikers de- cided to accept the reduction and nearly all the men have returned o work. The iron and steel mill will be run day and night to make up for lost time, orge L. on' the IN. years old, [FOUND NOTHING BUT DEBTS Embarrassing Situation with Which an Ad- ministrator Has to Deal, AN ESTATE THAT FAILED TO PAN OUT Mrs, Erickson Alleged to Have Captured Her Husband's Property—For Possession of Three .Children—Other Court Cases. The county court was busy yesterday in the attempt, on the part of Frank Heller, administrator of the estate of Chris L. Erickson, to find some property belonging to the estate with which to liquidate numerous bills that have been filed agalnst it, as well as numerous fees of his own as administrator which have never been satisfied. So far he has not found anything but debts on which to administer, and with no cash with which to liquidate the same his lot has not been al- together a happy one. In his petition filed in the court Mr. Heller alleges that Mr. Erickson died possessed of a considerable amount of property, consist- ing of land, lots, bills receivable, bills paya- ble, certificates of deposit and other items of value, but of the entire amount he has only been able to find the bills payab! He ai- leges that the wife of the deccased has pos- sesslon of all the assets and is only willing to turn over to him the bills payable, and he wishes the court to compel her to come forward and tell what she has done with the property, and either turn it or its value into the court, in order that the claims against the estate may be paid. Caroline S. Erickson denfes all the allega- tions in the petition except that she was the wife of the deceased, and the court Is now engaged in endeavoring to ascertain which party to the controversy is correct. “They Must Stand Trial, James IH. Howard, Willlam F. Herman and N. D. Coleman, the men who were bound over to the district court on the charge of swindling in connection with the selling of tickets to an alleged charity ball they said was to be given for the benefit of railway cmployes, were up before Judge Ambrose yesterday afternoon on a writ of habeas corpus. The judge heard the argu- ment and just before adjournment handed down a decision in the case denying the writ. The writ was asked for on the ground that the information on which they were held did not allege a felony. The judge in passing upon the application stated that he was not prepared to say, with the short time he had for examination, just how he would hold on the points raised if he trying the case in the crimin ourt the question was raised on demurrer, but he did not feel like stepping in and taking the case out of the hands of the court which should properly try the case when the rea- sons for dolng ®0 were not clear. He the fore remanded the prisoners for trial. and Legal Fight for t There is a pretty littl county court over the possession children, The children arc Frank, aged 11, and Emma 13 Some time ago the father of the children died and a few months ago their mother also dled. Since that time the children have been In the care of an older brother, Fred, who lives at Thirty-second and Paclfic streets. Through a petition filed by Carl E. Hering tho Nebraska Children's Home soclety asks the court to give the custody of the three little ones to them that they may provide homes for them, maintaining that they are better prepared to care for them than is the brother in whose custody they now are. The brother says that he is not only able but anxious to care for his little sisters and brother and does not propose to have them taken away from him if he can prevent it. 0 Children. fight on In the of three Josle, aged T, inneman, aged On Trial for Murder, In the criminal section of the district court the case of the state against Edward J. Col lins was taken up late In the afternoon and the work of securing a jury begun On the night of vember 18 last, Louis McPherson and Oliver Dale were engaged in taking some coal from a frelght car in tho town of Valley when McPherson was killed by a pistol shot in the head. Dale was at first suspected of being the guilty person and gave himself up, but was subsequently released on the strength of the statement of HANHOOD RE tlon of & famous Frenca phsician, will qu vous or discases of the gent 31n the Iosomnta, P vles, Unfitn (‘mm(lp fon. CUPLL BEFORE ano AFTER organs of CUPIDENE st The reagon s fer Prostatitls, timonlais, A written guar: manent ctre. $1.00 & box. 81X for §3.( Address DAVOL MIEDICIN, Goodmay Drug €., 1110 Farnam S FROM \[11\111" Friends—Not Moaz DRESS GINGHAMS 2 Regular 1oc goods o001 Blue S 60-Inch Al ¥ 50c Value 050, Good China Silks, Value All Wool Spring Cheviots, 39¢ Value 50c and 60a. Heavy Bleached Towels 193¢ sizes 22x44, Value 17e. Ladies’ Fast Black Hose e Value 16e. Ladies’ Muslin Gowns, Drawers and Corse Covers, nicely trimmeod, 47¢c Value 65 1y curo you of ull ner- IVE organg, Anch iis Lost Aauhood, ic, Seaninal £micsions, Nervons Debilitys to Marry, Iixhavsting Dralis, Varicocelo and clean:ea the liver, the kidneys and the urinary 1L impurit ngthens and restores sm « fire not cured by Doctor CUPIDENE {8 the only Known remedy to nteo glven and monoy returned it 0, by mail, b., P. 0. Hox i Ouiaha: Camp Bros., Council Blufls, Iowa. 1 wenl organs, 18 bocauso ninety pa ire without a cont ara iroubled with operation. 5,000 tes- 5 does not effect & per- 1l tostimonials, Sond for slreuin au Frandisco, Cal. For salo by 076 8; GASOLINE DIRECT FROM THE TAN 'CHEAPER TN STEAM. No Boiter. BEST POWER for Corn and Hay, Running Separa OTTO GASOLINE ENGINE: No Steam. No Ingincer. ced Mllls, Baling tors, Creameries, &o. Stationary or Portable. 1to 50 H. P, 81020 H. P, £end for Catalogue, Prices, ete., describing work to be done, Chicago, 245 Lake St. Omaha, 107 . l4th St. OTTOGAS ENGINE WORKS, 33d & Walnut Sts., PHILADELPHIA, PA, "A(TRAlNlNG IN CLEANLIVESS IS A FORTUNE. ’ COMPLETE YOUR EDUCATION WITH APOL. the injured man that he was not the party who fired the shot Collins was subses quently arreste and bound over on the charge of having fired the shot, McPherson lingered until the 25th of November, wnm he died, Collins and Dale have hoth ever since that time, pal and the latter been In Jull the former as princis a witness, Wants Sheriff's Deed Cancelod. Willlam G. Whitmore, guardian of Mary Gugin, an imbecile, has filed his petition In the district court to have a sherifi’s decd to section 1, township 16, range 10, set aside, Jonas A. Fry, the holder of the foreclosed mortgage, and S, Peter Munson are made parties defendant. Whitmore alleges that he Is the present guardian of Mary Gugin, and that at the time the mortgage was fore: closed and a default en st Mary Gugin her guardian at that time, James W Moore, was an inmate of the Sioux Falls penitentiary, sent there for forging the girl's name to a pension check, either able or willlng to defend the action The plaintiff asks that the decd be sot aside and he be allowed to Burness Al e Hundred. The jury In the case of Burness against the Cudahy Packing compiny returned a verdict in favor of the plaintiff for $900. The sult was oue for damages for injuries to the son of the plaintiff, which were re- ceived while on the premises of the defend e iile Sase aiAIbvAr aalixiiciraraiins jury brought in a verdict for the plaintiff in the sum of §347 wed - We could not improve paid double the price. DeWitt's Witch Hazel Salve Is the best salve that experience can produce, or that money can buy. - - Married at tigh Noon, The marriage of Miss Minnah Hawke to Mr. Charles F. Scovll of Chicago took place at the residence of the bride's sister, Mrs. W. 8. Rector, 2117 Wirt streot, at high noon yesterday. Miss Hawke is well known in Omaha and Nebraska City clety circles, and the groom is a favorably known young busifiess man of Chicago. Mr. and Mrs. Scovil left via the Burling- ton for an eastern trip and will be at home to their friends at the Hyde Park hotel, Chicago, after April 1 L Ll NI, 1f you go out carly in the moraing you may catch rheumatism. Salvation Oil cures | the quality if we and was not | DOCTOR SEARLES & SEARLES, SPECTALINTS ATMEND BY WALL Consuttation Feoo, CHRONIC, NZRVOUS AND PRIVATE DiSEASES with eipts and Dr, Searles and Searles, for eireulart Dlanks. stamp symptom 118 Soath 15t OMAIA NEB First stairway south of post office. Room 1 Omaba. Nebraska. B CURE A Now and Completo Troatment, consising of BUPPORITORIES, F(,up»un ot and two Bozon of Ointmen for Pilos of uvery uaturs a poration Witk tha Ko of Ja Mo ot wit ar0 paluful and feldom i 110, auid 0f¢ o ceultiig i oathy unt Why ‘enduro o 1errible digenge? Wa, guirantos o Boxeato dura B cnoes . Folf Ualy bay ek benaity seccivit, £ [ Bia CONSTIPATIO! i {he groat LIVER and 5102 BLOOD PURIELE, fmall, talu, especially adapted for & of cart Lanont Liver Polle 4 ploasuit to Wi 00 Doace BANTEES tamnd KUHN & CO, BOLE AGENTS, OMAHAs