Omaha Daily Bee Newspaper, April 29, 1894, Page 7

NSOM TALKED OF PERJURY Called Down hy lht;:}n—u-n and the Opposing Attorneys, WAS IN RELATION TO STREET CAR TROUBLE Menring of the Matter Continued Until To- morrow—~Fayment of Money Into Court as Asked s Not Required— Other Court Matters, The litigation growing out of the Friday afternoon tieup of the street rallway lines was called up In Judge Ambrose's court yes terday afternoon, and after the lawyers in the case had spent a couple of hours in spar- ring for points, & continuance was ordered until tomorrow morning. In the meantime the attorneys who represent the Clair in- terests are restrained from interfering with the property of the strect car lines. When the case was called, affidavits by the score were filed, some charging perjury,while others were to the effect that the judgment in favor of Clair had been obtained by fraud Ransom, one of the attorneys representing the judgment, was loud in his clamor for an exeoution right on the spot, declaring that because the money had not been paid into court the whole of the proceedings upon the part of the defendant was a series of judicial outrages. He was sure that there had been perjury, as some individual had sworn that Matt Clalr was insolvent, when as a matter of fact the records of Douglas county would disclose that he was worth §25,000 in real estat John L. Webster for the company pro- tested against an attorney being allowed to make such a wild statement, saying that It was an opinfon and not a fact Judge Ambrose reminded Ransom that it was not becoming an attorney to charge per- jury against parties signing court papers. Ransom intimated that he did not pro- pose to listen to a lecture, but was anxious to start the hearing of the case. John D. Howe, one of the attorneys for the street railway, said that he had known Mr. Ransom for years and was surprised to ¥now that he would so wilfully transgress all rules of propriety. Mr. Ransom urged that the amount the judgment, $5,000, should be paid court to abide the result of the trial. Judge Ambrose did not think such an or- der necessary, as there was nothing to show that the street car company was not sotvent. W. F. stated that he was willing to wa ment of the money into court. After this the answer of Matt Clair was filed and the attorneys instructed to file all of into Gurley, one of Clair's attorneys, ve the pay- of the papers, that t might be examined by the contending faction SWEARING ABOUT GARBAGE. Charges of Frank Dungan Answered by Counter Aflidavits. The city garbage contract case of Henry Coombs and others against Alexander Mac- donald and others was before the courts for a fow moments yesterday, but the hearing of the fssues was continued for one week in order that the examination of a lot of newly filed afidavits might be made. When the case was up for hearing before Judge Ferguson, some days ago, it was understood that the trial would begin yesterday, and as a result, several Interested spectators held down seats in the equity court. All of the affidavits, souio number, which wera filed, have been put in by the defendant, the most of which are for the purpose of showing the condition of the dump at the foot of Jones strect, and also to shox, that the garbage of the city is being removad in a workmanlike manner under the proviklns of the Magdonald coni- tract with the city. Councilman Halfdan Jacobsen flles an affl- davit, in which Jie gives the lie to the affi- davit filed hgrank Dungan some days ago. In the sworh statement of Jacobsen he avers that he never appropriated the money of any of his relatives, or that of any other person to his own use and that he never embezzled any funds belonging to any per- son, living or dead. He declares that neither Solon L. Wiley nor Alonzo B. Hunt ever approached him for the purpose of securing his vote, elther for or against any measure that was before or to come before the city council. He alleges that he voted against the garbage contract becoming a law, and that he never did anything that could help either Wiley or Macdonald in the premises. Going Into details, ho admits that he was at Wiley's office during the morning of the day preceding the fall election of 1893, that he met Wiley and Hunt there, but he de- clares that they were the only persons with whom he talked. In talking with them there was no bargain made for his vote, and in fact there was nothing said about’ garbage contracts. At that time he did not sec Frank Dungan sitting in the front office, nor did he hear Wiley or any other person say, “We own Jacobsen, body and soul.” In connection with the garbage case, which will come up for trial next Saturday, Coun- cilman Peter M. Back, in an afiidavit in be- half of the Macdonald end of the fight, avers that there was never a_time when his vote was influenced by Solon . Wiley, nor by any person in his behalf. He says that he never assisted in helping to sccure the garbage contract, except to vote for the same, and at that time he was voting for the best inter- ests of the city and all of the people thereof. No men on earth requested him to cast his vote as he did, and his course in voting for the Macdonald’ contract was for the purpose of helping the citizens to a good thing. So far as the electric lights were concerne®, Mr. Back alleges that he never asked that they be located in his locality, and if they were d there they were not for election in- o, nor were they as a reward for voting pass the garbage contract through the council. Alonzo B. Hunt, In an afidavit, denies that he is or ever was a partner with Macdonald in the garbage business. However, he avers that the contract was secured in an honor- able manner and without any unlawful in- fluence. Ho declares that he never usked ror did he ever receive any political favors from Jouncilman Jacobsen ~ He vas in the Wiley office on that Saturday morning, when it was alleged that Jacobsen wept, but whils there he never saw the councilmin shed a tear, n: did he hear Wiley say, “Now we have Jacob sen, body and soul.” In his own bebalf Alexander Macdonald swears that he was in Omaha and securoed his garbage contract in a most honorable manner. He never talked with any of the members of the council about the matter; never assigned the contract and never had o partner in the business. In addition to this he solemnly avers that he has never author. fzed the depositing of refuse at any other place than at the Jones street dump. Newton Niday goes into the case and with an afidavit declares that he never tried to ccure the votes of any of the members of the council for Macdonald. He also avers that R. 8. Berlin was mistaken when he made an afidavit that he, Niday, put in a straw bid, asking for the contract. In this matter Niday says that he acted in the be of faith and was auxious to securo the con- tract for himself. He alleges that he has no interest in the Macdonald contract, directly or indircetly. Aftidavits of C. . Squires, Charles Metz, James Anderson, D. Talbott and a number of others are to the effect that the Jones street dump s kept in good condition, that gar- bage and offal is not allowed to accumulate there; that refuso Is not dumped in the sewer manholes about the city, and that the garbage is loaded on cars and shipped out of the city as fast as it accumulates. FOUND A HOME, Baby Kuth ¥Finds an Ablding Place Through the (hurt Route, Baby Ruth Wright Trotter Ernest has at last found 8 home, and hereafter sho will romain in the custody of Mr. and Mrs. 8. Q. Ernest, the adopted parents, as yesterday all of the proceedings were dismissed from the dockets of the county court and the child was allowed to go in peace. A couple of years ago the child was born to Charles and Fannie Wright, two persons Who were not possessed with a goodly stock of worldly goods. Some time after the birth of the child, the parents concluded to go Wwest for the purpose of bettering their con- | it I thirty-four in | TIIE ()MAIIA D;\ILY dition. They left the little girl with Celia | Trotter, but in time this woman grew tired of the charge, and one day she took the Hittle one to the nffice of the county commis- sioners and deposited it on the desk of Mr, Livesey. He sent it to the poor farm, wh remained a few days, after which it adopted by Mr Mrs, Ernest, slonersstanding up as the god Soon after this disposition of the was cominis- parents. child, the original parents returned and demanded thelr baby. Ernest refuscd to surrender possession and proceedings in the nature of A hubeas sorpus was instituted in the pro- bato court, Thero the case was called several times and continued until yesterday, when all of the writs, dismissed and unquestioned wife. petitions and answers were the infant delivered to the custody of Ernest and his CITY WINDS UI' A WINNER, Decides the Ne at Hill Grading Cases contested case of C Hutchinson and P, A, McKenna the city of Omaha was decided by Walton In the equity court yesterday the city winning upon all of the issues In the fall of 1889 the plaintiffs and a number of other property owners, resi- donts of Walnut Hill, petitioned the council for the grading of certain streets, under the general grading provisions of the city charter. In this they failed, and after- wards they pinuned among themselves to have all the streets graded under a special of the charter, and without cost city. Petitions were circulated and and on July 20, 1800, the same presented to the city council On mber 2, 1800, an ordinance pro- viding for the grading of the streets to the established grade was passed, and on December 15 the contract was I to Katz & Calllhan at 14% cents per cubic d. In the following year the work was completed, and on January 2, 1802, the cost of doing the work, which amount aggregated $29167 was taxed against the property abutting the several streets graded The next move was upon the part of the property owners, who sued out an injunc- tion, raining the levy and the collection of the tax, urging that the saume was illegal and void, that it was illegal for the reason that It was not based npon any petition presented to, or authorized, or approved by the council. ' In addition to this the plain- tilfs alleged that of the $29,167.27 which the grading was alleged to have cost, fully $10,000 of the sum was not earned; that the necessary notice was not published, and that the proper equalization of tax was never made by the city council sitting as a board of equalization” to assess damages and benefits. On this showing a temporary restraining order was granted, which was continued in force, Some months ago the casé fore Judge Walton and taken under adylise- ment. At that time the plaintiffs stood upon the allegations in their petition, while the city contended that all of the acts con- nected with the grading were legal. Through its attorney, W. J. Connell, the city main- tained that the property owners had peti- tioned for the grading and that they had allowed the work to proceed, well knowing that the tax was to be collected by a special levy upon the property henefited and that no portion of the payment was to bo made under the provisions of the general grading ordinan In passing upon the case Judge Walton held that the tax was legal and that a permanent injunction, restraining its col- lection would not lie. = Knowing how pay- ment for the work was to be made the property owners had so petitioned and had not objected until the work had been com- pleted and the attempt was made to levy and collect the tax. After the decision had been announced the plaintifts were given forty days from the rising of the court to prepare the bill of ex- ceptions and get the case into the supreme court, Famous Judge Wal Wal The hotly riton D. against Judge with 8r provision the to were Sept argued 1 Aunt Charity Smith's Claim. In the case of Charity Smith against D. T. Mount a motion for a new trial was filed y torday. The plaintiff is an old colored woman who claims title to the lot where the new building of the Omaha club is being located She has no deed to the property, but avers that it was given to her by Senator Hitch- cock before his death. The case has been through the courts a couple of times and cach time the old lady_has been defeated. Hiteheock's Lottery Ads, Two additional informations were filed against Gilbert M. Hitchcock yesterda charging him with publishing the advert: ments and prize lists of a well known southern lottery. Minor Court Mattel The litigation growing out of nection of Brayton & Donecken, tractors who erected the Hartman and Franklin school buildings, was augmented yesterday by the filing of anothir batch of affidavits. The Midland State bank, which is interested in some of the claims, avers that it has paid the sum of $5,800 to the men who worked upon the buildings. J. 0. Detwiler has filed an afidavit in the case of Eliza W. Patrick against Nathan D. Allen, in wRich he ask: that the de- ficiency judgment of $93,223 be dismissed. In making the application he alleges that the judgment is illegal and that the amount is unjyst and unauthorized by any proceed- ings which have been had in the suit. The cases against the Omaha Rubber com- pany in connection with the failure of that the con- the con- institution were called up in Judge Wal ton’s court yesterday and continued until the next term of court. Judge Walton came down from his home at Blair and devoted the most of the day to hearing matters which were upon his docket. The Judge returned from Hot Springs last week and declares that al though somewhat weak from the result of the treatment taken he 1is several years younger than he was when he went away The judge says that ke wili be in perfect lealth; by the beginning of the May term. Judge Ambrose, whose health will not war- raut a continuance of the hard work he h doing recently, on the advice of his ysician, has adjourned the Burt county term of court until May 2: tunn, an attorney who something ago was disbarred from practic- ing in the courts of this state by reason of unprofessional conduct, was taken back into the fold yesterday. The committee of the by ommended that the legal light had been sufliciently punished, after which he went bofore one of the judges and there sub- ibed to the required oath, The jurors in Judge Iteyzor's court, were charged with the duty of returning a verdict In the case of [Frank J. Hetzel uinst Qeorge A. Bennett, the ex-sheriff, 1 his bondsmen, drifted into court last ht, and after being out three nights and who three days, announced that they were unable to agree. Judge Keysor took them at their word and discharged them for the term This suit grew out of the closing of Hatzal's grocory on North Sixteenth street in the mmer of 1892, At that time attachments were issued upon sults filed by the crediters and the goods levied upon and sold, Hetzel then sued Bennett and his bondsmen, alleg. ink damages in the sum of $7,000 by reason of the closing of the store. It was the intention of the judges of the district court to have closed the business of tho February term yesterday afternoon, but when the afternoon session was brought to an end, it was found impossible to do justice to the litigants and close up the work in such short order, Owing to the amount of work in sight, most of the judges will be on the hench all of this week, closing the term noxt Saturday afternoon. During the fol- lowing Sunday they will take a rest amdl the next day the regular May term will open and | continue until into July Fatal Political Quarrel i Japar FUKIN, Japan, March 31.—During a fam- ily quarrel Sugita Sadaichi, a member of Parliament, drew his sword and struek his brother, wounding him so severely that he will die. The session of the new Parliament sum- moned for May is to last twenty-one days. Native Japanese are still excitedly dis- cussing the murder of the Korean refugee, Kill-ok-kium, at Shanghal, and many people do not hesitate to lay his murder at the foot of the Korean throne itself. An alleged plot to murder another Korean, Boku, was recently unearthed. Three Koreans were mplicated. To avoid arrest two took refuge in the Gorean legation, but were Gnally ar- rested and thrown in jail. Oharges that the Tariff Bill is Being Manip- ulated in Its Interest, COMPROMISE TARIFF BILL BEING FIXED UP Senator Dolph Gives Another Chapter of Hix Tarlff Specch—Stewart Starts to Talk on Tarift hut Gets Of Onto Sitver, WASHINGTON, April 28,—The opening of the senate proceedings today was a repe- tition of that of yesterday. Before the read- ing of the journal yesterday Mr. Frye re- marked sarcastically that such an important document should not be read in the absence of the senator from Tennessee (Mr. Harris) and of a quorum. Tha roll was called and at 11:07 a quorum appeared and the reading of the journal was completed, The house joint resolution authorizing the secrotary of the treasury to make partial payments on vessels constructed and repaired under the contro! of the Treasury department to the extent of 75 per cent of the value of the work done was pa Mr. Harris at 11:30 o'clock moved to take up the tarift bill. Mr. Allen asked permis- sion to consider the calendar, but Mr. Harris stated that the tariff bill was more mpor- tant than all the bills on the calendar put togetl and he therefore felt impelied to insist on his motion. The yeas and nays were demanded and the motion was agreed to 31 to 1 Before the actual consideration of the bill began Mr. Stewart gave notice that next Monday he would address the senate on the pending bill, The fact that many amendments were to be proposed to the tariff bill making a. com- promise bill was again the prominent fea- ture of the early hours of the session and was brought out by Mr. Hale of Maine. He began by speak- ing briefly of the pending amendment—the change of the date for the taking effect of the bill—and said that the senator from Tennessee, who had charge of this bill af- fecting the industries of the whole country, proposed mow to decide that on the 80th of June—only sixty-five days ahead—it should take effect, and that every reduction of duty, every change affecting industries should then” become a law. WHAT WILL IT BE LIKE. “Now,” he went on, “I appeal to the sen- ator from Tennessee that this part of the bill—the date when it shall take effect—re- main unacted on until we have more day- light, until we can sec through and know what is likely to be done. Why, Mr. Presi- dent, wo do not believe that the senator from Tennessee has the slightest concep- tion of what this bill is likely to be when it passes, if it ever docs pass. 1 do not be- lieve the senator from Tennessee knows what is going on in corners and holes in the wall to fix up a bill which will be acceptable to the majority. There is some plan, some schieme afloat to secure the votes of a ma- Jority of democrats. Six weeks ago the sen- ator from Ohio (Mr. Brice) threw some light on what was going on."” Mr. Hale had read the interview with Mr. Brice, to which he had referred and in which Mr. Brice was reported to have said that a compromise measure should be agreed upon and presented to the senate as amendments to the pending bill, and that the income tax with certain modifications would be retained. No man who was engaged in making up this new proposition had scen fit to deny it, and, as the senator from Rbede Island had said yesterday, no matter how many denials were made, thirty days, perhaps less time than that, would disclose to the country the secret proceedings which were going on. Did any- one doubt, he said, that the sugar schedule would be fixed vp to suit the refiners, and that the sugar producers of Louisiana and Nebraska would be ground between the upper and nether millstones? Did not the senator from Tennessee know that the stock of “the Sugar trust had risen from 85 to 103 as a re- sult of the proposed compromise? Did the senator doubt that the whole metal schedule was to be torn and dismembered and dis- torted until he, with his clear eyes, would never recognize it as the child of his patern- ity? He could say in spite of whatever denials had been made that the whole bill was to be reconstructed, and the senators who had not been friendly towards it, and who had early and late made knowh their antipathy to it, were to be propitiated in order to gain their votes. g SCHEDULE TO CATCH VOTES. This meant that the semators, like the senator from Tennessee, who were honest in their convictions, were to be overawed and made to vote against their firm belicfs in order to get votes to pass some kind of a tariff bill. He would like to see Jackson or Jefferson, or even Jefferson Davis, attempt- ing to make up a tariff bill in holes and corners of the capitol. “And the newspapers say,” continued Mr. Hale, ““that under these conditions the lead- ors appear to be more cheerful. Cheerful, Mr. President, cheerful when the bargaining and selling is going on Instead of honest tariff legislation; cheerful when juggiery and skulduggery takes the place of an open dis- cussion. Cheerful when it is the cheerful- ness of a dying man, whose faculties are numbed.” Senator Harris replied, saying in effect that no tariff law had ever been enacted that was not the product of compromise, and that he conceded to his fellow democrats the honesty of their convictions. Referring to Mr. Hale's statement that sugar had gone up on account of this bill Mr. Harris said: “At the uttermost tie only protection given to this trust is % cent, while the MeKinley bill gave a protection of 1% cent.” In reply to a question by Mr. Hale as to his attitude toward a sugar amendment offered in the interest of the refiners and not of the consumers, Mr. Harris said that while not in favor of aiding the sugar trust he should not hesitate in choosing betwe a continuation of the McKinley law and measure which was better, better as he should like. Mr. Sherman argued earnestly against the proposed amendment to change the date when the bill shall tak: effect, Senator Stewart took the floor and deliy- ered a specch, which soon developed Into a silver speech. At the conclusion of Mr. Stewart's re- marks Mr. Dolph resumed his speech, which has been delivered in installments for se eral days past At 3 o'clock the senate procseded to the delivery of eulogies upon the late Repre:enta- tive Lilly of Pennsylvania, and at 3:43, as a further mark of respect, the senaté ad- Journed. NOTHING a but ‘not so much DONE IN THE HOUSE, Lack of prn Prevents the of Any Husiness. WASHINGTON, April 28.—Some routine business was transacted at the operiing of tho house today. Mr. Lockw of New York reported back from the Pacifie railroad committee the resolution calling upon the attorney general to inform the house whether the stockholders of the Central Pacific and Western Pacific railroads were liable In any way to the United States for refmbursement for bonds fssucd under the various acts of congress authorizing the issue of bonds in aid of sald road ‘The house then went into committee of the whole (Mr. O'Neil of Massa- chusetts in the chair) and took up the army appropriation bill, which carries $23,568,264— $677,355 less than the appropriations for the current fiscal year, During the debate on the bill the roll was called under the rule, and Trans- no quorum being developed tho absentees wero reported to the house and then, at 3:85, the house adjourned WESTERN SIONS, Veterans of the Lato War Remembered by the General Government. WASHINGTON, April 28 —(Special Tele- gram to The Hee)-Pensions granted, issue of April 16, were: Nebraska: Richard Ballard, Madison, Madison. Supplemental—Hamilton & lesple, Omaha, Douglas, lowa: Original-Sinnary Wenwzel, Clear- fleld, Taylor, Additional—John A. Taylor, Donnellson, T.ee. Reissue—Edward K. Rouze, Tracy, Marion; Andrew Souther- REE: FIXED FOR THE SUGAR TRUST| SUNDAY,, APRIL 29, From the .\Hnucupolh Journal.] 1894~TWENTY_ PAGE FOOLING WITH THE BUSINESS END OF THE BEE. Judge Scott of Omaha—This is the hardest swarm to hive T City, Black Hawk. Reissue and ‘increase—Michael Kai rth Wash- ington, Chickasaw. M war sur- vivors—Increase—Samuel nan, Ba- Puryear tavia, Jefferson; John W. Pottawattamie, South Dakota: Original widows, etc.— Sophia M. Wehler, Hartford, Minnehaha, Oakland, Colorad Original—Bugene J. Wiley, Pueblo, Pueblo; George Walker, Pueblo, Pueblo. NEWS FOR THE ARMY, Changes of Station In the Engineers' Corps ~Promoted Officors Assigned. WASHINGTON, April 25.—(Special Tele- gram to The Bee)—The following changes in the stations and duties of officers of the Corps of Engineers are ordered: First Licutenant George A. nn is relieved from duty under the immediate orders of Major Charles B. L. B. Davis, and will proceed’to and take station at St. Louis, and report to the president of the River commission for duty as secretary and dis bursing oflicer of the commission, to leve IUrst lieutenant-Warven relieved from duty with the River commission Liefitenant procecd to_and take sbation to relieve Major Thomas H. the duties now in his ehpree. Major H bury, upon being relieved by Licute Warren, will proceed, o and take & at St. Augustine, and Mississippi = e- Upon being sissippi will ille M Warren at Louis Handbu wtion relieve Second Lieu- tenant Albert M. d’Armit of the charge of the works of ‘which » that officer tem- porarily relieved Majpn John C. Lieutenant d"Armit, ,upon being will_be relleved frori Turther duty unde the immediate orders bf Major Charles W. Raymond, and will réport to Major Hand- bury for' duty, rc-nunlug station at St Augustine, Wirst Lientenant Hakry L. Hawthorne, his own request, re’ achusetts Insti- to take effect hen proceed to Fourth artillery, is, i lieved from duty at’ thé tute of Dechnolog: September 1, 1894, _|u||| his battery. The following trangfars in the Twenty- fourth infantry are offered: Second Licu- tenant Charles . Layman, from company K. to company I Second Licutenant Isanc . Jenks, from company F to company K. The leave of absence on surgeon's certifi- cate of disability, grinted Major Marcus P. Miller, Fifth artillery, is extended one -month on surgeon’s cortificate of disability ‘The following assignments to regimen of officers recently promoted are ordered: Artillery arm—Major Carl A. Woodruff (promoted from captain Second artillery), to the Second artillery, to date from March 8, 184, vice Throckmorton, retired. He will réport by telegraph to’ the command- ing general, Department of the Hast, for assignment to a station, and will juhl the station to which he may' be assigned. Cap- tain Alexander D, Schenek (promoted from first ‘lieutenant, Second ariillery), to the ond artillery, to date from 3arch § vice Woodruff, promoted; Iirst Lieu: wnt Heiman C. Schuman (promoted from ond licutenant Second artillery), to the ond_artillery, light battery A, to date from March 8’ 18, viee Schenck, pro- moted; First Licutenant Alfred M. Hunter (promoted from second _ieutenant Fourth artillery), to the First artlllery, battery F, to date from March 22, 18, vice Runcie, relieved. Infantry arm-—Major Abram A. Harbach (promoted from capiain Twenticth infantry), to the Iighteanth infantry, to date from March 12 IS, vice Itoss,’ re- tired; he will report by telegraph tc the commanding general, Deparuient of Texs for assignment to a station, and will join the station to which he may be assigied; Captain Frederick 1. Sharp (promoted from first licutenant Twentioth Infantry), to the Twentieth infantry, company K, to date from March 21, 184, vice Harbach, promoted. First Licutenant Harry L. Hawthorne, from the Fourth artillery to the First artil: lery, battery F; First Lieutenant Alfred M. Hunter, from the First artiliery to the Fourth artillery, battery A; Lieutenant Hunter will join the battery to which he is thus transferred. Captain William H. Vose, Second artillery, is relieved from duty with Dattery T and 1 ned to light battery I of that regi- ment, and will proceed to Fort Riley, Kan., and report for duty aceordingly. Captain Louls V. Caslare, Sccond artil- lery, is transterred from baftery C to bat- tery' T of that regiment, vice Vose, assigned to light battery I, and will proceed to join his battery. D. Scho Captain Ale artillery, is a 1 to battery ¢ of that regiment, vic larc, transferred to bat- t 1, and will proceed to join his battery. Ve of absence for two months on sur- ctificate of disability, to take effect services can be spared, with per- fon to leav the Department of the orado, is granted Captain Edward Evarts, assistant surgeon, WILL MAK wder 20 ck, Second Lie geon's when his mi; IR Tobe Castor Pays Another Visit to Washing= ton to Turnon the WASHINGTON, April 28—(Special Tele- gram to The Bee.)—Hop. Tobias Castor, na- tional committeeman, §8 in the city today. He is out for offices—postofiices or any other kind of offices that céfhe handy. He made the rounds of the depaftrhents and demanded that the faithful Nelpgska democrats who sail under the banner of Morton, Castor & Co. be given a few crumbs from the federal tables. Castor and Seczatary Morton visited Postmaster General Hissel today and were assured that in the future fourth-class post- masters in Nebraska would be removed with greater rapidity than ever before, Merce Inlrn(llu:nl Some Bills, WASHINGTON, Aprid 28.—(Special Tele- gram to The Bee.)—Repvosentative Mercer to- day introduced in the hoeuse the bill hereto- fore introduced in the senate by Mr. Mandeg; son providing for the gontinuance in office of custom offlcers and,pssistant treasurcrs until their successors ;are appolnted and qualified. Also the Jaiyt resolution hereto- e introduced in thé sgnate by Mr, Mander- son authorizing the pay of eustoms officers performing duty after the expiration of their terms. Also a bill to pension Benjumin Cental of Blair at $50 a month. A military appropriation bill was up in the house this afternoom. The clause re- quiring the state colleges to which officers are detailed to furnish quarters for such officers was stricken out. The opposition came chiefly from southern democrats. Dr. H. Rogers was today appointed a pension_examining surgeon at Plankington and Dr. W. H. Beals at Clark, 8. D. Al Sale of Seats for the Elks. The first day's sale for the Elk minstrels closed at 8 o'clock last evening with $525 In the Boyd theater box office. Manager Thomas F. Boyd is authority for the state ment that this beats all local iecords, and Las seldom been beaten by the greatest at- tractions. ever struck. 1S A PRODUCT OF HIS ACE Some Interesting Peculiarities of the Eleva- tor Boy Are Described, HE KEEPS A CLOSE TAB ON HOLIDAYS Soon Acquires Inquisitiveness — Expert on Giving Ocean Voyages—Yellow Backed Novel Fiend—All Conductors Carry Life and Accident I ran If there is ever doubt in your mind as to the exact date of a legal holiday just ask one of the clevator men in a public build- ing, the city hall, for instance. These men are as faithful and cautious about the duties as any other workmen, but they have an eye open for a day when they will not have to labor which one cannot help but notice. On their calendars they have these days crossed and hanging in a position where they can constantly see them. It appears to be a great solace to the boys to gaze at these cancelled dates, and in order to let you know that they are on to the holiday they will ask half their passengers what they are going to do on such and such a date. Expericnced elevator men have an oppor- tunity to form a wide acquaintance, and in Omaha there are several of them. The clevator boy carries a passenger who of- fices in his buflding so often that he roon becomes very well acquainted, in his own mind, at least, and it is not long before he is calling the person by his first name or official title as- familiarly as a crony. They know when a man is late or early, and if he should miss a day, the first ques- tion the elevator boy will ask “Where were you all day, vesterday?” They arc not exactly impertinent, but simply inquis- itive. It is seldom that any one becom offended at their queries, for they are very obliging to all, and carry a fund of informa- tion in regard to the rooms of persons in the building. The average salary for an elevator man after he has learned the business is $50 a month. In smaller buildings, ‘where thc hours are short and a boy is employed, the pay is not so much, but a man who runs an elevator in a building like the New York Life, the Bee building or the city hall, gets at least $50 a month. To ride in an elevator with a novice hold- ing the throttle is an experience that gives one a very inviting opportunity to say some- thing wicked. The fellow will throw the machine wide open at the start, and, when some one says ‘‘second floor,” he will reversc the thing suddenly, and, stopping about a foot below or above the landing, he wiil dance the platform up and down a few times before coming to a standstill. This act will be repeated as often as the fellow gets grders to stop going up. If you happen to be headed for the top floor, by the time you get there you will feel as though you had taken a voyage across the ocean. Going down it is the same thing over, only worse. The elevator goes down more rapidly than it comes up, and when he stops suddenly the joit will give you a close chase for the last ‘meal of victuals you have eaten. An experienced clevator man will land you within a quarter of an inch of the floor you call for and check his car so gracefully that you will not feel the sensation except in a very mild form. Going down it is the same way. He starts and stops his car gradually, o that when you start to descend you don’t feel as though you were faliing through space at the rate of forty mil second. But the eclevator hoy who gives the busi ness man a pain is the one who is just fal ing in love with a yellow backed novel and who will stand and read another paragraph a after you have entered the car and are in a hurry to reach the second or third floor above. Then there is the brat who will hit you for a_cigarette before he starts the ele vator, and still worse the smart youth whe will make some crack about a woman he has carried. This class of elevator boys are not given employment in a first-class building but they manage to get a brief engagement here and therc before they are found out. There Is little danger of an accident In an elevator nowadays if the conductor is care ful, but in all first-class elevators the men who run them carry an insurance on their lives. This insurance is furnished by the company that puts in the elevator. Each one of the conductors carries a §5,000 policy. —— THREE-FIFTHS ARE SINGLE Evidence of Cellbacy's Extent Afforded by the Census. WASHINGTON, April 28.—The first data on conjugal life in the United States ever gathered by the government is given in a census bulletin today. It shows that of a total population 62,662,260 In 1890 almost three-fifths single, a little more than one-third mar- riel and not quite one-twentieth were widowed. The divorced conmstituted a small of was fraction of 1 per cent. The actual numbers of the classes are as folloy Single, 87,120,564; married, 24; widowed, 2,970,062; divorced, 120,996, and unknown, 70,214, The males constituted over b1 per cent of the total population. Of 32.067.880 males in the country, 19,945,576 were slugle aud 11,205,225 married, 815,437 widowed and 4 101 divorced. Of the females 17,183,958 were single, 11,126,196 married, 2.154,615 widowed and 71,806 divorced. The propor tion of widows, says the report, was nearly three times as great as of widowers, indi- cating that a greater portion of the widow ers temarried than widows, while the fig ures also show that divorced men have re- married to a greater extent than diyorced womex, Twenty-three out of 11,200,008 males 15 years of age were married, 685,748 3,104,893 between 20 and 24 years, 0 out of 2,425,660 between 30 and 40 years, and 869,925 out of 1,233,719 656 years and over. Of married females there were 1,41t out of 10,952,192 under 15 years, 313 983 out of 3,808,852 from 15 to 19 year 1444712 out of 3,091,783 from 20 to 24 under 2 yoars, 1,806,064 out of 2,520,486 from to 9 years, 1,717,204 out of 2,162,966 from 30 to 34 yoars, 2,668,266 out of 3,346,031 from 35 to 44 years, 1,796,970 out of 2,430,878 from 45 to 564 years, 905 out of 1,499,997 05,62 from 65 tn 64 yoars, and 418,399 out of 1,- 183,689 66 yoars and over. i SON'S LAST HOPE, CDINK" WI rof Dot ol New Evi b, N. Y. April ¢ Telegram to The Foe.)—Judge 1 burn, attorney for “Dink” Wilson, of the murder of Detective James has filed a list of newly discovered upon motion for a new trial, which will be argued May 6 before Judge Williams of Watertown. He prosents a good case Twelve persons make affidavit that th saw “DInk's” brother Charlie do the shoot g, {dentified on trial as “the man with the straw hat" They saw the men in cus- tody of the detective and gave their move ments in detail. Several of them say they offered to testify, but w not ealled by the district attorney. 1 Eun_experts Condemned Murd Has Dise: SYRACUSE tive Harvey (8pecial Hler of Au convicted Harvey, witness s Wo affirm that last August they examined the evolver taken from “Dink” and failed to nd evidence that it had bren fired. (Since ) + first under onth brother Cl and d shot head, heard time He avoids Wilson tells his story King of his rife, excopt as “another man,” #ay that Charlie fred the snays he hit Harvey in the and ran, and while running a shot. He supposed the shot was the detective and did not k had b N committed until ar vl was o st neer in Syracuse had no 'nds here means of defending him It in court, For that reason he did to avoid detention iR PERSONAL PARAGRAPILS. i ik turned fired by murder 1 or police made the effort he Fields of North Platte fs registered at lln' Murray H. W. Taylor of Denver is In the city and is at the Paxton. Mrs. A. Andrus of 2019 California stroet returned yesterday from a two weeks sojourn in Minneapolis and St. Paul, Where she had been visiting relatives, FPrank Bastwood, editor of the published at Worthington, Minn., is in the city and fs at the Merchants. Mr. Eastwood will visit with acquaintar in Omaha for several days. Advance, o8 Nebraskans nt the Millard—C. Hazlett and wi , Lincoln. er—Fred Woodward, sarnaey | F. . King, *Lincoln; Paul, Stule, . Beatric At Al orfolk; ; Joseph Lincola, Horton, Wi Fifiold, St At the Arcade—Y. D. Barn [ . Seward; C. W. Ies Cooper, Onkdale Fairbury; Mrs. I, E. Da Hedwend, Holdrege, At the Paxton—D. P. Cordray, Robinson; €. P. R. Wil 8, W ife and daughter, Grand Island; G. v pods, Mrs. Rehlander and son, Miss Brock, mes Faley, Lincoln; H, G. Leavitt, Grand Island; C."J. Tuitle, Kearn At_the Dellone—( Box, Norfolk: T. V. Martin and wife, Blair; 7. W. Good: rd, Elkhorn; M. J. Finnan, Herman; G. . Rummer, Lincoln; W, M. Geddes, (. D, Woodward, " . W. Drum, Grand Islind; W. H. Hamilton, Plattsmouth; Tierney, Ainsley; ames Red N\ City; F X Boun u, Tek: Fleming, Kearney W. Go horn, . At the Merchants—H. Platte; J. 8. Brown, Lincoln s ' and Adams, Springtield; Bishop, F. W. Richards, M T MeCarthy, Pequign Greevey, Merte: Lawr John: Lincoln P. J. Rooney, Hl VMGC Sargent; A. F. Bloome Georgge Krumm, Tilden; L. L. Searles, Lin- coln; W. H. Hamilton, Lexington; W. I, Watson, Central City; M. M. Moosly, Plattsmouth, e WEATHER FORECAST. Loeal Showers for Neb ¥air Weather, WASHINGTON, April 28.—The indications for Sunday ar For Nebraska—Local showers, followed by fair weather; winds shifting to west; cooler aka, Followed by by Sunday night. or Missouri and Towa—Partly cloudy weather and local thunderstorms; south winds, with conditions favorable for severe local storms in the west portion of Towa and extreme northwest portion of Missouri; cooler by Sunday night. For Kansas—Warm and fair during Sun- day; cooler by Sunday night; winds shift- inig to west For North and South Dakota—Local rains; south, shiffing to west winds; cooler by Sunday night. Local Record. OFFICE OF THE WEATHER BUREAU, OMATA, April 28 —Omaha record of temnorature and rainfallcompared with corresponding day of past four y £ 1804. 1893, 1892, 1801, Maximum temporature 895 532 Minimum temperature, 66> 86 Averago temperature.. 78> 472 Precipitation ... .02 00 00 Statement showing the condition of perature and precipitation at Ou TURNBEZIRK OF NEBRASKA It Will Bo Held in Omaha Two Montls Hence. WHAT THE PROGRAM WILL INCLUDE Saturday ;‘ ning to ¥ Followed Con e nt s Park the Fol- lowing Duy—Committees Hay- Ing the Matter in Hand. With the advent of warmer weather, the moembers the various man societids are bestirring themselves to plan and exc cute a number of outdoor entertain s With the turner or gymnast the event ot most importance to him, next to the quad- rennial national tournament, Is the Bezirk turnfest, or district tournament, where ho is cnabled to exhibit to lovers of physical he has made dur fng the past season. Though the turner col- umns on this occasion present tacle of a magniic pa sands of gymnasts, in culture the advancement not the spec- nt of thou- rtain days dur- yet physieal de- a national tournament velopment and amateur acrobatic feats on horizontal and parallel bars, pole vaulting, rope climbing ¢nd dumb bell exercises at- tract a good dval of attention, and the drills show the “aciives” to good advantay Omaha will be the scene of this year's op- crations for the Nebrasku Turnbezirk. June nd July 1 are the duys on which the is to be held, The prevailing depression will in this in- stance, too, operate to prevent several of the teams belonging to the district from partici- pating, but outside of Omaha and the several vereins in the smaller cities, which have not yet been admitted to the district, Fremont, Plattsmouth and Lincoln will take part in ) the main contest, while the minor socicties will also have a time to exhibit their pro- Bress. The test committee having the matter of preliminary arrangements in charge con- sists of Henry RohIT, Herman Kunde, Philip Andres, Ferman Beselin, John Urbanczyck, Juliy tner, Paul Wurll, Christ Baysel and B. N. Mohr. Dr. Lucke, as president of ex-officio N. the Omaha Turnverein, will be an member, and to Instructor Prof. Watzenborn will fall a large share of perfecting the order of things in general. It is also probable that the latter will be director In chiof of all the movements. This committee is now actively engaged in its manifold duties of providing a program, looking after arrangements for the general comfort of the expected visitors, and secur- ing a place for the exercises, besides a num- ber of other things requiring attention, in order to make the contest a success. The first day, Saturday, the different teams, consisting each of eight men, will bo received in accordance with turner custom. In the evening a | tainment nquet and musical enter- is to be given at the hall on Har- ney street. On Sunday, the second day, the contest will open at 9 o'clock in the morn- ing at Ruser’s park, whither the turners will march on fo . The “actives” will here how their skill, both in individual and en masse turning. Calisthenics, pole vaulting, Iigh jumping, hop, step and jump, weight and dumb bell lifting and rope climbing, by teams and singly, will form the attraction during the forenoon. In the afternoon is to bo show turning by the muster columns, and public praise will be bestowed upon those who outdistance their fellow turners in the various exercises. The bear divisions after the conclusion of the day's program by en- sembling and drilling en masse, will there- upon show what physical cxercise can and will accomplish, even in older persons. The evening is to be closed b; vable oc- casion, a “Summernacht’ is Weok. Entertal Enjoyable entertainments are by no means rare occasions for members of the Turnvercin. —An evening of amusoment i3 promised to be given on May 6.at Germania hall, where Theile's Elite orchestra- will fur- nish the music for a concert. The program also includes a number of exercises by the turners. A gymnastic cxhibition, under Instruc- tor Jon Marovz, has been arranged for by the Tel Jed Sokol, to be given on the even- ing of May 5 at Metz hall. Special featurcs are promised in the ladies' and children's exercises, which, with the regular exhibi- tion, will serve to make the program an in A dance s to conclude the ~ teresting cne. entertainment. An Excellent Medicine. Our drugglsts sell a preparation for rheu- matism that has performed some remark- able cures. Frank Shepardson, an engineer on the Southern Pacific railway who resides B A Marc 045 at Los Angeles, Cal, was troubled with day nnd since March 1, 1804: rheumatism for a long time. Ho was Normal temporature. ... 56S | treated by several physicians, also visited s since M Qe ormul precivltation.| Deficiency for the di Deficiency si 2432 127nch the Hot Springs, but received no permanent rellef until he used Chamberlain's Pain Balm, which is the medicine referred to above. He says it is the best medicine In the world for rheumatism. Reserye iy Best §oats $1.00. IT ls COMING turn from Ity winter Engige 1fornia Mid- went. GCUSK'S GRAND GONGERT BAND Oon Coneert Only, FRIDAY EVENING, MAY 4 EXPOSITION HALL. Miss Tnez Mocuskor, Soloist, Apollo Club Chorus, 100 Voices. The. B0 seatsile at Kinsi bileony hox &tk 00 extr dru store on wud after Tuo MISS YAW'S RANGE, THE WORLD'S GREATEST SOPRANO, BéY‘D 3 s THURSDAYMAY I q BOYD’S Today. Tonigni. 2 Perfo mances—Matinee and Night. M. B. LEAVITT'S w Blg Spectacular Production. SPIDER AND FLY THE NO. 1 COMPANY. FIRST TIME HERE IN TWO runsformation Trl, Datice. Clariec nery YEARS, Wonderful 1 Deautiful st Ballets, neaittias it Bl ol L Marches, and Cos- Iirst floor, 50c and Toe; s st floor, foc, T3 and #1; Ijx'.l‘i'}.’dll-. open wli doy Sunday. BOYD'S THEATRE, TUESDAYL v, THE OMAHA ELK MINSTRELS. A FEW GOOD SEATS LEFT. FIRST COME, FIRST SER VED. PRICES Al roserved seats, $1.00: general ad- misnlon, lower flo or, 700 genersl ndmisnion, baloouy,008; gall ory, Zoe. 1o1H ST, THHTEH AT A. Y. PEARSON'S Great Amerioen Sporting Dramn. 1 THE Dls'l'RX(al' FAIR n',"f': o rent Hundle Race b J e R e e nou&us STAEET THEATER, OMAHA'S POPULAR FAMILY THEATER BATINEES S ™ ‘“ MERCIE'S MARRIAGE, VSUNDAYS Matinee, 10¢, 20¢ Night, 20¢, 80c. MAY BRETONNE 00 SCHOOLS. AT 20 QL MARY'S SCHOOL, G York. Advantages of New Y in Music and Art Collegs Preparstory etivo Courses of Study. Kugagements now | for Supt. 1404, Miss JULIA W. FAKWELL. Pria e | st