Omaha Daily Bee Newspaper, December 26, 1894, Page 5

THE OMAHA DAILY BEE: WED ESDAY, DECEMBER 26, 1894. HAD ARRANGED A DEFICIT How the National Gnard Encampment Was Conducted at Lincoln, WERE HELPED OUT BY THE STRIKE Those In Charge of the Mititia Were Detur- mined to Expend Moo Than the Ap- in Any o Boen propriatio; vent—Said Debauch, LINCOLN, Dec (Special.)—There will be a deficiency in the last biennium appropri- | ation for 1803.94 In the adjutant general's | office of at least $6,425.02. This cxcess will be above the $30,000 appropria‘ed for the | support of the Nebraska National Guard for the past The total blennium, ap- propriation for this office made by the last legislature, is as follows: Salary of adjutant general ... Books, blanks, stationery and post Storage of arms and ammunition Express, freight, telegraph and t ‘phon Support « Total . Total for cach yea 25 Ot the $30,000 appropriation there remains now on hand to the credit of the National guard $1,570.37, as shown by the records of the state auditor. Against this sum the fol- lowing bills are still outstanding and unpaid: Transporiation of troops to and from the encampment at Lincoln last summer, and to and from South Omaha during the butchers’ strike in August, $5,919 Expenses of state troops at South Omaha during the strike, $2,085.11; total, $8,004.39. Deducting the credit of $1,579.37, there is left a deficit of $6,425.02 to be met by a legislative ap- propriation to the railroads. Transportation 18 provided by the different lines in the state at he rate of one and one-third fare per capita. The different lines which have outstanding bills against the state, are the following: Union Pacific Burlington Chicago, Rock Island Chicago' & Northwestern ........ Chicago, St. Paul, Minneapolis Omahi # % two years, f Nebraska National Guar In addition to this there have b hy the auditor two bills to the B. amounting to $145.35, making a total for rail- way tranasportation of $6,064.63. WAS A BIG DEBAUCH. An analysis of these transportation bills out- standing and wholly unpaid reveals the fact that while the sum of $1,090.12 was paid during the South Omaha strike, $4,820.16 was expended In hard times, and with drouth stricken sufferers all over the state, for transportation to an encampment which is freely denominated around the capitol build- ing as a big debauch. The last annual pay roll of the guard Is incorporated in the following voucher now on file in the state auditor’s office: STATE OF NEBRASKA-GENERAL To Nebraska National Guard, Dr. Colonel e I3, Jenkins, paymaster. To pay roll hereto attached, properly certified, authorized, signed, approved and made o part of this' vouch Company A, lst sergeant, N. N. 375.49 Company A, 24 sergeant,'N. N, Company B, 1st sergeant, N. N, Company I Company Company Company Company Compan; Company Company Company Company & M. C. 24 sergeant,’ N o D, 1st sergeant, N. N. G 24 sergeant, N.'N. G, ist sergeant, N. N. ¢ 2d sergeant,’ N. N, G sergeant, N. N, G. sergeant,’N. 'N. G. .. st sergeant, N. N. G Company rgeant, N.'N. G, Company H, Ist sergeant, N. N. G.. Company H, 20 sergeant,’N.'N. Company I, 15t ant, N. N. G Company A Sompany ompany & Company L, Ist sergeant, N. Company I, 2d sergeant,’ N. f Rpstery A, Light artillery #Troop A, cavalry . Brigadier's staff Regimental fleld and staff, 1st s Regimental field and staff, 2d se First Regiment band Second Regiment band Total ... 3 -$11,140.27 ‘The above voucher is certified to and signed respectively by Governor Lorenzo Crounse, Adjutant General James D. Gage, and Paymaster George B. Jenkins. It is dated August 21, 1894, On August 14, 1894, Jenking was appointed paymaster by Gov- ernor Crounse and General Gage. In this connection it*may be well to direct attention to the fact that prior to the advent of Bugene Moore in the auditor's office it had been’ customary to draw warrants on the order of the adjutant general alone. Mr. Moore has prepared a new and special form of voucher, which has to pass the scrutiny of and be signed by three different officers before any money can be drawn from the treasury. NATIONAL GUARDS' EXPENSES. The following table shows the expenses for the past year of the Natlonal guard as ex- hibited by flles, bills and vouchers in the offices of the state auditor and adjutant gen- era Pay roll and expenses Transportation ..... Iaxpenses at South Omaha . Mo tal et ot First year's expenses .. Total Deficit On August 12, made his official report of the South Omaha butchers' strike. This was the time in which state troops were called out by order of Lieutenant Governor Majors, then acting governor during the absence of Governor Crounse. General Gage says that he arrived on the scene August 3. Upon looking the ground over, and by order of Majors, he called out companies A, B, C, E and L of the First regiment, and company G of the Sec- ond regiment, Natlonal guards. These troops came from Beatrice, David City, Fullerton and York. On August 10 he took military posession of South Omaha with company L of the First and G of the Second ‘regiment, and placed General Colby in command. As shown by the books, the tolal expenses of these troops, including $1,090.12 for trans- portation, divided about equally between the Unlon Pacific and B. & M., was $3,175.23. Deducting this amount from $6,4. there 1s left a deficit of $3,249.79 over and above all unanticipated sirike troubles not taken Into account at the time the liberal appro- priation for the blennium of $30,000 was made by the legislature. In other words, had there been no srike the Nebraska Na- tional guard would have expended on an- nual encampments $3,249.79. more than the law had provided for their pay, equipment, rallroad fare, elc. Robbed & Hardware Store. PALMYRA, Neb, Dec. (Special.)— “Fhe hardware store of D. Walt was entered by burglars last night and about $30 worth of razors and cutlery were stolen. The robbers scoured chisels from a blacksmith shop about a block away and gained entrance by prying the front door open. There Is no clue at present, but the parties must have been frightened, as they left their tools behind them. Death of & Prominent Falls Clty Man. FALLS CITY, Neb., Dec. 25.—(Special)— M. Gebling died at his home in this city of pneumonia at 3 o'clock this morning, aged 66 years. Mr. Gehling was proprietor of the new Gehling opera house and one of the | of singing Sunday | at the Methodist Epl s for the ensulng year will be: Frank nn, V. C.; A, L. Beck, W. A; T. 8 Mayorian, B. B.; W. S. Ashby, clerk; A. G. Durrand The camp I8 In very pros- perous circumstances, CHRISTMAS AT ASHLAND, Novel Feature Introdueed by the Methodist Ladies, ASHLAND, Neb, Dec. (Special.)— The exercises at the Congregational church | last night in connection with the Christmas tree 1t consisted and speaking by members of the | school, under th: management of | Hon. H. H. Shedd, after which Santa Claus came with his usual supply of g The most were above the average ts unique entertainment was held | opal church, under the | supervision of Bert Clark. The ladics of the| church had made an immense cake for dis- tribution among the Sunday school, and when Mr. Clark came to the cutting of the cake he asked for four assistants, which were given him, and he proceedcd to carve the| same. The first incission was made at the top and down the side. When nearly through the cut the cake showed signs of life, and be- fore anything could b= done, out popped “Santa Claus” with a_whole armful of pres- ents he brought for the children. The leading feature of the program was the recitation by little Marguerette Andrus, which she rendered in a manner that would reflect credit on a person ten years her senior. The Christian church had a program very interesting and amusing. The Christmas tree was of the largest varioty, and completely covered with gifts thai were distributed by “Santa Claus” immediately upon his arrival, The singing and speaking were very fine, and the gifts were expensive and numerous. The decorations at the Emmanuel Baptist were above the average, and showed the ex- penditura of lots of labor and taste by the ladies of the church, under tho guidance of Mr. Lewls, Sunday school superintendent. The program was very extensive, and showed conclusively the talent of the director in the cantata which they gave, entitled, “‘Santa Claus' Mistake W. M. Long, a resident of Kansas, who was born and raised three and one-half miles west of Ashland, came in this morning_ to spend the holidays with his parents. Mr. Long stands six feet and nine inches high in his stocking feet, making a pecullar coinci- dent in name and stature. SPOILED A CHRISTMAS DINNER. OMocers Drop In and Arrest leatrice Par- ties Just Before the Fenst. BEATRICE, Neb., Dec. 25.—(Special Tele- gram.)—Charles Kane and Len Pennington were run in this morning and will be called upon to answer to a number of charges to- morrow morning. About § o'clock they took a team and wagon belonging to Heory Reed, and going to the stable of John Pittenger, carried away six sacks of oats. From there they went to the house of Charles Tomlin- son, where they secured about a dozen chickens. Four other fellows were arrested as suspects, but were discharged this even- ing. When the officers went to the homes of the two parties first mentioned they found preparations going on for a Christmas din- ner. At each place a big pot of the stolen chickens had been prepared for cooking. Numerous other articles were stolen from dif- ferent parties and found on the premises of Kane and Pennington. ABLE TO CARE FOR THEMSELVES. Farmers In Keya Paha County Hard Up, bat Will Not, Need Outside Ald. SPRINGVIEW, Neb., Deec. 25.—(Special.)— The winter so far in this part of the vine- yard has been fine, not a particle of snow and but little frost. Stock of all kinds is fat and feed will be plenty. Some of our people are hard up from losing their crops last season, but most of them will be able to pull through with a little aid from the county. It may be when spring comes some of our farmers will have to be helped to feed and seed. As a general thing we are getting along quite well for a new county. Our people here in Springview have organ- ized a stock company and will bore for artesian water, They will, perhaps, have to g0 down 1,600 feet, but are going all the same. We must have water. RELIEF FOR THE NEEDY. David City People Send Contributions to the Dronth Sufferers. DAVID CITY, Neb., Dec. 25.—(Special)— During the past week a committee of the Women's Christlan Temperance union have been busy soliciting contributions of clothing, bedding and provisions for the needy in the drouth-stricken portions of the state. As a result, on Saturday last, there was shipped fifteen barrels and fourteen gunny sacks of clothing and five boxes of groceries and pro~ visions. The articles were consigned in nearly equal proportions to Mrs. Doty, Wauneta; Mrs. M. B. Sustin, Wilsonville} Mrs. Wilson, Eilwood; Julius Stickler, Smith- fleld; Mrs. Ida Kellogg, Indianola; Mrs. Abble G. Dustin, Dustin, and Mrs, L. H. Blackburn, Atkinson.- FAILED TO FIND MRS. NOTSON. OMcers 5till Confident She Has Been In the Vicinity of Chadron. CHADRON, Neb,, Dec. 25.—(Special Tele- gram.)—Deputy Sherifft Handy has returned from his trip, bent on finding Mrs, Ida Not- son. Although he did not locate her, he is still perfectly confident she Is in this vi- cinity. The ranch where she Is supposed to be is one that she visited last summer, bt he could not find out anything about her. Handy has not glven up the search, but will follow the clue until he s convinced she is not in this country. Two Tough Tramps Arrested. FALLS CITY, Neb., Dec. 25.—(Special)— Last niglit about 7 o'clock two tramps en- tered Souder Bros.'s department store, where they tried their hand at shoplifting, but were detected In the act by one of the clerks. City Marshal Lyon took the two to the calaboose. They set fire to a bed in one cell and were placed in the other, where they did the same act with that one, and had to be taken to the county jail. In taking them to the jail tho marshal had to call for assistance, and Jim Feston responded. When Feston took the tramp Lo walked all right for a block and then drew a knife and cut Feston’s hand, severing a cord. Militla Gives » U] STROMSBURG, Neb.,, Dec. 15.—(Special Telegram.)—Company 1, Nebraska National Guards, celebrated Christmas by having a spectal drill. Your eorrespondent, by special invitation, had the pleasure of secing the boys go through the manual of arms under the able management of Captaln Leach. Company I of the Second regiment expects to make effort at the next encampment to carry away the trophy for good discipline and thorough training. ristias Dril David Cliy Sons of Veteraus. DAVID CITY, Dec. 25.—(Special)—At their Iast meeting Hub Pepper camp, Sons of Vet- erans, elected officers as follows: Frank Naracong, captain; J. R. Evans, first lieuten- . F. Martin, second lleutenant; dele~ to division encampment, H. L. Bos- ton, Richard Zelllinger; R. Strain, B. Rey- nolds, alternates. —— One Prize Winner from Nebraska. ROCA, Neb., Dec. Al Tele- breweries In this city. He was an garly settler in this county. The funeral will take place tomorrow at the Catholic church. He leaves & wife and six child Go A, K. Election DAVID CITY, Dec. 25.—(Speeial)—A. Lin- coln post No. 10, G. A. R., elected officers at their last meeting as follows: D. O. Rey- nolds, P. C.; R. C. Walter, 8. V. C.; D. H. Hastings, J. V. C.; E. R. Manley, 0. D.; C. H. Sargent, surgeon; W. A. Russell, A. Q. M.; George Pratt, 0. G. Hildreth Woodmen El HILDRETH, Neb, Dec. The Modern Wooden eomp of Hildreth held 1A City, Oficers. 25.—(Speeial.) — of Auerica its anpual gram.)—At the international Itry at Kansas Oty last week Cashier Dice of this place won first premtum on light brahmas. The winning bird was eight months old and weighed fourteen pounds. Stromsburg Hardware Man Closed. STROMSBURG, Neb., Dec. B5.-—(Special Telegram.)—The hardware store of Rdward Carlson was elosed yesterday, under chattel | mortgage; liabilities, about $5000; assets probably $7,000. The fallure of crops is pre sumed (o be the cauze of fallure. show Aalmage Wil Tulk at Beatrice. BEATRICE, Dee. 25.—(Speela! Telegram.)— The board of dlrectors of the Beatrice Chau- | $5 McIntyre as attractions for next summer's assembly. YORK'S LIGHTING PLANT SOLD, Closing Out by the Sheriff Caused Comment in the City. Neb, Dee. 25.—(Special)—The Much YORK, electric light plant of this place, owned by | the York Gas and Electrie Light company, was today sold at public auction by the sher- iff of this county. It was fold as a result of a mortgage foreclosure. The plant was first s0ld to George B. France for $5210, but as that gentl:man refused to take it, it was sold to the next lowest bidder, a Mr. Metcalf, for 05. 1t is sald that the bid was put in for John Plerson, cashier of the City National bank, and that it will be eventually turned over to George W Shreck, the former man- ager. It is claimed that it will finally find its way back to the majority of the stockholders. It was understood that the smpany had a good business and was mak- Ing a success of the plant, and as its ex- penses are but little it could have hardly failed to make money. The plant is now being run under the direction of M. Hopkins. The matter has attracted a great deal of at- tention at this place and was a surprise to many. The York High school closed on T and will not reopen for the rest of this year. The High school foot ball teams of York and Seward will play at this place on the | 27th. A. L. Saffer, formerly editor of the Morn- ing Press (daily) of this place, has started up & ‘monthly paper, known as the Hustling Advertiser. A masquerade club dance was given by the Happy Hour club at Zimmerer's hall tonight. This was the first masquerade of the season and therefore drew a large crowd. Only members were admitted, The Swedish literary held at this place a few evenings ago was well attended and the program was well delivered. These literaries are becoming very popular at this place and are drawing good crowds. The displays at the charches last evening were very fine. At the First Presbyterian the arch made of electric lights was magnificent. Bach and every church was crowded to over- flowing and a general turnout was experi- enced. SHOT AT THE OFF1L RS, Quartet of Lincoln People Object to Having Their Revelries Disturbed. LINCOLN, Dec. 25.—(Special Telegram.)— Christmas wound up with a shooting scrape in which five shots were fired at Officers Knowlton and Bentley, and the police matron, Mrs. Evans. The affair occurred in the Hall-Lansing block, where the two McNeil sisters had ensconced themselves in a room with two men named Charles McFey and C. E. Seifert. On complaint of the owner of the building, Officer Bentley and the police matron went to the room at about 6 o'clock to arrest the parties. They were refused ad- mittance and Officer Knowlton was sent to join them, with instructions to kick in the door. When this was attempted Seifert opened fire from the inside and emptied his revolver through the door. He then appeared at the transom with another gun, but found himself covered by the officers. The whole party then surrendered and were taken to the station. The two girls and McFey were re- leased on $100 bonds each, but Seifert was held in $1,000 additional bonds for assault with a deadly weapon. He gave bail and the quartet will appear for examination to- morrow. GOOD CHEER AT LYONS. Churches Have the Usual Christmis Treo for the Children. LYONS, Neb., Dec. 25.—(Speclal.)—Christ- mas was observed here with the usual pro- grams. The Presbyterian church had a Santa Claus workshop, which was very artistically arranged. The literary program was one of the best ever rendered at this place. The Methodist had a beautfful Christmas tree, with an imitation snow bank for the background. This was a new design in town and was much admired by the large audience. The hard times seem to cut but little figure in the good times that Christmas always brings. W. W. LILLIE DIES SUDDENLY. Inflamation of the Bowels Carries Off One of the Hest Known Travellng Men. NORFOLK, Neb., Dec. 25.—(Special Tele- gram.)—W. W. Lillie, one of the best known and most highly esteemed traveling men in northern Nebraska, died suddely of Inflam- mation of the bowels at his home in this city this morning. Mr. Lillle represented May Bros., wholesale grocers of Fremont, and had made his home In this city for many years. He will be buried here tomorrow, De- cember 26, at 3 p. m. KILLED BY A COW. The Anlmal Kicks and Stamps Mrs. Carrle Moou to Death, NEWMAN GROVE, Neb., Dec. 25.—(Spe- clal.)—This morning Mrs. Carrie Moon went out to milk a fractious cow. As she did not return as soon as usual, the children went out and found her lying under the cow dead, the cow having kicked and stamped her to death. Death was immediate, as the frontal bone was broken and crushed into the brain. She was a widow, leaving five children, the oldest 10 years old. Gave the Children u Trent. WESTON, Neb., Dec. 25.—(Special Tele- gram.)—The schools of this place held a beautiful Christmas entertainment at Kofp hall last night. After the program 400 chil- dren were treated to a large Christmas sack. First Snow of the Season. FORT ROBINSON, Nel Dee. 25.—(Spe- clal Telegram.)—The first snow of the sea- son commenced falling at sundown last éven--. ing and continued all night, making two inches, _— LONG DISTANCE TELEPHONING. Important Discovery by a Buffalo Elee- triclan, A pew era in the history of the telephone seems about Lo dawn as the result of the wonderful discovery of a young Buffalo elec- triclan. Walter Wilkelm of that city is de- clared to have discovered by accident a new style of transmitter of such remarkable power that when attached to the ordinary telegraph wire it causes the very sounder on the operator's table to speak. This phe- nomenon of a buman voice emanating from the little key, says the Philadelphia Record, must be a starlling evidence, and it is no wonder that the first vocal messages of the kind dumfeunded the bewildered recip- lents. This is the purely plcturesque phase. however, of an apparently epoch-making in- strument, which may open undreamt possi- bilities In the industrial use of long distance conversation. The new Ericsson transmitter, only recently tested at Memphis, will scarcely prove equal to this unexpected rival. The value of long distance telephoning bas increased, too, with the modern utility of the telephone in the army. “Means of com- munication,” it has been aptly sald, “are the nerves of war, without which its muscles and sinews would be powerless to strike a blow.” The (elephone Is becoming almost as essential as the telegraph In the warfare of today. General Greely, United States chief signal officer, has developed his corps of fiylng telegraph lines so that the men may perform telephonic service, whether be- tween the headquarters of a regiment and Its separate companies or any army and its different divisions, in garrison, camp or actual couflict. General Greely has stated that with a bimerallic wire lying on wet grass, wichout insulation, telephonic com- munication may be conducted between points balf a mile spart. The general Is a firm bellever, too, in the great milltary efficacy of the captive bailoon, not only in the open country, but in connection with operations in large cities, He himself suggests that “the operation of a eaptive balloon provided with eleetrlc and telephonic connection with the commanding general offers an unequaled means of observing and instantly reporting the movements of hostile rioters, who would thus be under the survellance of the com- mandiog general, enabling him to act with promptuess and effect.” tauqua held a meeting today uud declded upon Blection lust Saturday night. The ofi- T, Dewilt Tabnags, Sam Joues and Robert | Oie, gon IKidney Tew cures all kidoey frou- bles. Arial size, 25 cemts. All drugglsts, old | the explorers are NT. RANIER ‘1N ERUPTION —dia Exploring Party Near Enough to Discover | Smoke aud St:am, EVIDENCE THAT THE CRATER IS ACTIVE HMoming Pigeon Reloased by the Searching Expedition Brings Tnteresting Infor- mation of the Progress of the Party to Date. SEAT Intelligen, LE, Wash, Dec. 25.—The er exploration party has confirmed the previous statements that smoke has ascended from the summit of Mount Ranler in the last two months, for now camped on the side of the mountain over half way to the sum- mit and have actually seen great volumes of smoke and geysers of steam pouring from the crator. This news was brousht by a homing pigeon to F 8. Meekers' 1ot at Puyallup. The following is the mes- age t. Elmo's Pass, altitude 8,000 feet, 12 noon, Christmas day: The expedition has demdnstrated beyond all doubt that Mount Ranier has been smoking. Yesterday after- noon, while ssing the vast NOwW now dividing the Elysian field and the Winthrop glacier, Major Ingraham suddenly shouted: “Bee the smoke; sce the steam.’ The top of the mountain was fully five miles away, and jets of steam like geysers shot upward 200 feet or more, and further to the right a column_ of densely black smoke rose from the crator in fitful curls to a height of several hundred fee - SOME POINTS OF LAW, Post- fully Disputed Questions Interpreted by Varlous Courts. Passenger elevators are held to be within the rules governing other carriers of pas- sengers by the decision of the- circuit court of appeals in Mitchell against Marker, 25 Lawyers' Reports Annotated, 33, and the an- notation shows what other cases have been decided as to liability for injuries to elevator passengers, The rule that a mortgage securing several notes maturing at different periods is pro tanto a security for each In the order of its priority is adopted in the Indiana case of Horn Against Bennett, 24 Lawyers' Reports Annotated, 800, but the annotation shows much conflict in the numerous authorities on this point. Expulsion from a Masonic lodge s held in the Missouri case of Ellerbe against Faust, 25 Lawyers' Reports Annotated, 149, to for- feit insurance in a Masonic Mutual Benefit association, in which membeship depends on standing in the Masonic order. The note to the case is upon the effect of expulsion from a soclety to destroy the right to insurance connected therewith. That a judgment for a tort is a “debt con- tracted,” ‘within the constitutional provision exempting homesteads from liability “‘for any debts contracted,” is decided in Mertz against Berry, 24 Lawyers' Reports Annotated, 789, and the authorities on the exemption of a homestead from liability for torts are pre- sented in the note herewith. A telegraph company -authorized by the au- thorities to use a hightway, and having the privileges on post roads given by the act of congress, is held in'the' Ohlo case of Dailey against the State, 24, Lawyers' Reports Anno- tated, 724, to be liable to the abutting owner for damage. to his trees which it cuts in the construction of its ltne. A bank pass book is held in the Kansas case of Talcott agalnst, First National bank of Larned, 24 Lawyers) Reports Annotated, 737, not to be a written contract which will ex- clude oral evidence to explain entries therein, and the extent to which such entries are to be regarded as contracts is the subject of the note to the case, 5 A railroad company's printed rule warning employes against certain risks is held ad- missible against an employe suing for dam- ages in the Iowa case of Ford against the Chicago, Rock Island & Paclfic Railroad com- pany, 24 Lawyers' Reports ~Annotated, 657. The effect of disobedience of the master's rules as contributory negligence is the sub- Ject of gnnotation to the case. The right to a jury trial in' quo warranto procecdings is held in the Florida case of Buckman against State, 24 Lawyers' Reports Aunotated, 806, to be within the constitu- tlonal guaranty of the right to trial by jury, and the note to the case shows that such is the almost universal doctrine. The death by suicide does not raise any presumption of Insanity on an attempt to prove a will is the decision in the Louisiana case of Bey's Succession, 24 Lawyers’ Reports Annotated, 577, and the note to the case com- piles the other authorities on the subject of suiclde as evidence of testamentary: inca- pacity. A deed by a railroad company of land pur- chased in fee for rallroad uses, but which the company has decided not to useé for rail- road, is held in Chamberiain against North- eastern Railway company (S. C.) 25 L. R. A., 139, to be not vold—at least until declared so by the state, and in a note are presented the authorities on the question of the validity of a sale of its real estate by a railroad com- pany. The power of a married woman to make herself liable to an attorney employed by her to bring a divorce suit which is after- wards discontinued is upheld in the Michigan case of Wolcott against Patterson, 24 L. R. A., 629, and the note to the case presents the numerous and not altogether agreed decisions as to the liabllity of either husband or wife for an attorney's services in such a case. The right of a pasesnger to stand upon the platform of a car is sustained in the Califor- nia case of Lynn against the Southern Pa- cific Rallway company, 24 Lawyers' Reports Annotated, 710, where returning on an ex- cursion train with an excursion ticket he was unable to get room inside the car, and was fiot informed that he might take another train. The duty of a carrier when permitting cars to become overcrowded Is the subject of annotation to the case, A case growing out of the riots in New Or- leans, in which Italians were Kkilled, s de- cided by the federal circuit court in Gian- fortone against New Orleans, 24 Lawyers' Reports Annotated, 592, which holds that the city is ot liable for the killing of a human being by a mob, although it is made liable by statute for destruction of property. The liability for property destroyed by a mob is the subject of a very extensive note to the case. Compulsory vaccination to the extent of making vaccination a condition of attendance on pubiic schools {s held in the Pennsylvania case of Dunfield against Williamsport School District, 25 L. R. A, 152, to be within the power of the school hoard. A note to the case shows a few decisions on the subject which have been made and that none in this country have yet decided the exact question of the power of public nuthorities to compel vaccination, while the English decisions as- sume without questign the validity of the ac of Parliament for ecompulsory vaccination, and show that it has been enforced in various cases. A man whose wité djd not join with him in a contract for the sale of land, and who refused to execute the conveyance, cannot ba compelled to execute it, with a deduction from the purchase pricé of the value of her dower Interest. So decidgs the supreme court of the District of Columbla in Barbour against Hickey, 24 Lawyers' Reports Annotated, 763, wilh which case is @ review of the decisions on specific performance of contracts for con- veyance where the wife refuses to unite in the conveyance. The fiduciary character of promoters of a corporation is sharply defined in the Con- necticut case of Yale''Gas Stove company ugainst Wilcox, 25 Lawyers' Reports Anno- tated, 90, in which it is held that no offer of rescision |3 necessary to oblain an accounting by a corporation from a promoter who has secretly recelved profits on property sold to the corporation by his frauds. The dutles and liabilities of promoters of a corporation and its members are carefully discussed in an ex- tensive note to the case. The New York statute prohibiting marriage | by the person in fgult in a divorce case dur- Ing the life of the former husband or wife is beld in the Loulsiana case of Hernandez's Buccession, 24 Lawyers' Reports Annotated, 831, to have mo extra-territorial effect, and not’ to invalidate a marriage made in New York, where the: parties were at the time| residing abroad, and intending to reside there- after in Lousiana, as they actually did so. With the case are presented the other deci- slons on the effeet of statutes forbidding re- | marriage of the guilty party after divorce, | Men’s Overcoats. BLUR AND BLACK CHINCHILLA RCOATS—cut stylishly long— Brand new—made especially for us $7.00 values at... MEN'S ELEGANT OVERCOATS new lengths—in the new patte €hades of only rellable fabrics act likeness of §12 garments— Brand new— Made especially for us— Here &t..cuiiiiiieniiisinens IN THR ns and latest and the ex MEN'S FINE BEAVER OVERCOATS— cut extra long—velvet collars— excellent trimmings— Brand new—made especially for us $1200 value at. W . MEN'S RICH OVERCOATS, IN THE mest fashionable fabrics—beautifully tailors ed—correct in fit and finish— Brand new— Made especially for $15.00 and $18.00 value at MEN'S iinin Brand new $8.00 value at.. $8:9 $10:2 MEN'S ALL in the new 1 carefully made uj Brand new-—m $12.00 value at.. ind new— $16.00 value at. M 3] MERE SUITS—in e ment-—equal to any Brand new-— at . WOOL, ngths al de especially for us CLAY AND FANCY artistic in workmanshiv, all sizes— Made especially for Made especially for us— Men’s Suits. WINTER-WEL s and strongly made especially for us 1T SUITS-GOOD sowed— 00 = WINTER SUITS~ d weaves, and m $8.0 §10.00 $12:90 WORSTED WORSTED AND CASSI- and any style gar- custom made suit— Boys’ Suits. CHILDREN'S 2-PIECE SUITS— Ages 4 to § year: Strietly all wool cassimere— Brand new— Made especially for us— $4.50 values at.. CHILDREN'S REEFER SUITS— ages 3 to 8 years—large sailor collars— handsomely braided— Brand new Made especially for $5.00 and $6.00 values at CHILDREN'S JUNIOR SUITS— ages 3 to 7 years—fancy cassimeres and cheviots—adjustable reefer collar— Brand new— Made especially for us— §7.00 and $8.00 values at.. CHILDREN'S DOUBLE - mely made and trimmed— Brand new— Made especially for us— $5.00 and $9.00 values at.. BREASTE] ER SUITS— ages 4 to 10 years— \—:xl)':’ BOYS' 5350 $4.00 $6.00 value at . BOYS' Brand new— $6.00 value at $0.00 value at .. BOY! Brand new—made es Brand new—made espe iy Boys’ Ulsters. ULSTERS— ages 6 fo 15 years, dark colors and good $55% 56 1ly for us ULSTERS— ages 6 to 14 years—light all wool fur beaver egantly made and trimme .00 ULSTERS— 14 to 19 years—dark gray Shetland wool, flannel lined, cut extra long— Brand new—made especially for us $10.00 value at. The M. H. Cook Clothing Co 13th and Farnam, Omaha. THE GRIZZLIES OF IDAOH. A Tacit Agreement with Men in the Early Days Not to Molest Each Othe: “Speaking of grizzly bears,” said Judge Henry I. Warren of Albuquerque to the New York Suf, “we didn’t look on these animals as practically dangerous in Idaho when I was ths United States district atlorney, of that terriory. If a man attacked one at close quarters he sometimes got killed, but at a little distance not much more attention was paid to bears than if they had been so many hogs or cattle. Between human beings and the bears there scemed to be at that time a tacit agreement to let one another alone. “One of my hardest horseback trips led me through & wild reglon where I often saw bears. At one point the trail crossed an open valley, dotted with scattering trees and big clumps of underbrush, and on the further side wound up a steep mountain side through thick oak and pine woods. Coming down into the valley one day I saw, a little way off on my right, five bears, two very large ones and three smaller ones, constituting possibly a family party. They were running about here and there, nosing the ground, turning over stones and knocking to pleces rotten logs, hunting for mice and grubs. They apparently paid no attention to me as I rode past, 150 yards away. My horse looked a little wild and fidgeted some at the sight of them, but I kept him in the trail without difficuity. At another time a bear gave me consid- erable of a scare. I had crossed this same valley and was just beginning to ascend the weoded heights beyond it. I had dismounted, and was leading my horse up the steep hill- side when a bear broke out of the bushes a little behind me and came for me furiously, showing her teeth and growling. I stood still, expecting to ba torn to pieces the next mement, from the determined way in which she came—it was a she bear—but she stopped just short of seizing me and turned to dash in the same way at my horse, and at that T dropped the bridle and made up the trall as fast as I could go. My horse, Instead of turning back to run for life in the clear (p2n ground of the valley, when she charged at him, made a detour up the hill and came back on the trail behind me. The bear, looking mighty ugly with her frothing mouth and bristling hair, kept up her demonstrations, directing them principally at my h-rse. You know how a horse, when thoroughly fright- ened, will seck the company and protection of humanity, and so, do all I could to drive him away, my beast all the time kept right behind me, with his nose at my shoulder, trembling With fear, but refusing to leave me, as the bear kept making dashes at us out of the bushes, sometimes from one s'de and scmetimes from the other. “I didn't know then what I have learned from the habits of the animals since, that the bear was running a bluff on us and did not mean so much to harm us as to scare us away. She undcubtedly had cubs concealed close by in the bushes and resorted to a com- mon trick of the female bear to drive away intruders. Probably if I bad stood my ground she would have tackled me, and in that case it wculd have been all up with me. She fol- lowed us 100 yards or so and then seeming satisfied that she had got us fairly on the run, fell back into the bushes and watched us out of sight.” R — Oregon Kidney Tea cures il kidney trou. bles. Trlal size, 25 cents. All drugglsts, She had marrled & young naval officer, says the Detroit Free Press, and was so pleased over it that she had gone with him into a little house on a side street and was running it herself. “Have you any beans?"' she inquired of the grocer's clerk during the first week of her incumbency. “Do you wish navy beans?' he asked po- litely. “Oh, elever people And the clerk almost choked on the ball of twine he stuck in his mouth to hide his emation. certainly,"” t you she twittered. to guess we wern't *How army e Houest Iudignation. Minneapolis Times: *“‘You say virtue is its own reward,” remarked the indignant tramp 10 Lis honor, the mayor, “and that is bound to win.' Look at me; run off with a millionaire’ daughter? Did 1 ever fall for ten millions? Did I ever g0 to congress? Was I superintendent of & Sunday school and presi- dent of a bank? No, sir. My life is a per- fect picnic of honesty, and what s wmy re- ward? did I ever honesty | | P Q MARHOOD RESTORED :ceziseee: tlon of a famous French physician, will uickly cure vou vous or diseuses of the generative nrm'Alux,d( Jei i oAt Insomnuia, Pains In the Buck, Beminal ‘Unfitness to Marry, Kxiaust tlon. 1t stons all losgen b néss of discharge, which if not. &ll the horrors of Impotency, Pimples, Consti BEFORE ano AFTER kidneysand the urinary orgnns of all impurities. “CUPIDENE " the prescrip- all sl 1y Loat Manh ssions, Nervous Debllity & Draiis, Varicocele and dny oF night.” Prevents quicks hecked londs to Spermutorrha and CUFIDENE cleauses tholiver, tho CUPIDENE strengthens and restores small weik organs, i reason suferers ure not cized by Doclors 18 hecitiso ninety per cent aro tronbled with ¥rostatitis. OUPIDEN E I8 the only Known remed "A written guarantee glven and money returned | 41504 box, six for §5.00, by mall. Send for Rk circu iz, to cure withoul un operation. 500 testimoni- six boxes does not etfect & permuuent curo, rand testimonlals, Address DAVOL MEDICINE CO., P, 0. Box 2076, San Franclsco, Cal. For Sale by GOODMAN DRUG CO 1110 Farnam Strect, Omata. —ee LIPTO NS TEAS FINEST THE WORLD PRODUCES, 1,000,000 Packages Sold Weekly, Best Grocers Sell Them “A TRAINING IN CLEANLIIIESS IS A FORTUNE.” COMPLETE YOUR EDUCATION WITH SAPOL.IO aut Into the street quit the honest racket, and be a politician or something." el R Dangerous Place to Live. The number of deaths caused by wild ani- mals is increasing daily in India, snake bites heading the list last year with 21,000 victims. Of 2,800 persons who were killed by animals, tigers killed nearly 1,000; leop- ards, 291; wolves, 175; bears, 121, and ele- phants, 68. Ninety thousand head of cattle were destroyed, an increase of 9,000 over the year before. On the other hand, 15,000 wild beasts were killed, including nearly 1,300 tigers and over 4,000 leopards, besides almost 120,000 deadly Washington : “Don’t bother me,” gald Mr. Popple. 'm thinkin’." “Something worrylng your his wife. “Yes. I've run up against a snag. You see, I'm dead certain that an income tax is a great thing." “Yes.'" “An' yit, I'm jes' as orter work fur his livin income. Reconeillin’ the hard."” mind?” asked tain that a man an' not have two comss kinder The W Chicago Tribune r young lady,"” sald the old gentleman at the matinee, lean- ing forward, “weuld yeu object to taking off your hat? I can't see the stage on account of it." “Certainly not, sir, removing her hat. Then she spoke In a clear, metallic voice to the young man In front of ‘ner: “May 1 ask you, sir,” she £ald, “to co your pompadour down? 1 can't see cver it LS ok QUT OF THE ORDINARY, Scientists predict that in a century there will be no disease not curable. The genuine Damascys blades, that could be bent into a circle, cost from $500 to $1,000. Louis Cyr, the Cacadian Sampson, lifts 3,600 pounds without nese or other ap paratus The replicd the young lady, wife of C. Deaupre gave birth te twins after years of age. James Willis of Mount been struck by Ngh! and still lves Frozen turtle from the Raym: she was Sterling, Ky.. has & four diff-rent times, south seas l2 now on its way from Queensland to Londen | an experiment. ever | | A dog 6 feet and 11 i long, welghing 150 pounds, belongs to E. V Abbott, Elkton, Mass Edison says there Is pracilca'ly no limit inches hign, A cold handout with an order to go | to the speed that can be obtained on & rall-| perial, road. He thinks the greatest speed will come when electricity Is obtained direct from coal, Tho Mint Register says that there wei 19,670 silver dollurs coined In 1804, They are now worth $1,000 each, Thers were no factorles in this country 100 years ago, und every. housewife raised her own flax and made her own linen. A century ago there was not a mile of telegraph or telephone wire in existence, not a foot of railroad, nor a steamship, The first surgeon to use the antiseptic treatment for wounds was Sir Joseph Lister, the famous English operator. He 15 now about to retire from his profession on aes count of old age. It is said that all the gold in the world, not counting that In virgin state, would not make a block of more than 613 cuble yards. A cube of these dimensions could be put in & room twenty-four feet each way. Henry Keeney, the Hartford who died recently, in 1812 In fire insurance company. §ince then the fne vestment has paid $124,804 In cash dividends, and 1s now worth more than $50,000. The city council of Peoria, 11, has de- clared the rights, privileges and fra)chises of the Central Railway company forteited, and Instructed the company to remove ail its tracks, poles, wires, ete., from the streets, There Is a Spanish proverb that “‘on Tuese one sho neither travel nor marry,"™ 1 this superstition Is so ingrained that, n Madrid, there are never any weddings on Tuesdays, and the trains are almost empty. QOut of every 100 families living on farms In the United States forty-seven are free from incumbrance, ninetecn are mortgaged and thirty-four are rested. The mortgage indebtedness amounts to $2.33 an acre, avers aging over all. The patent office received a valuable acquisition to its museum In a fac-simile copy of the first patent of an Invention fssued in Amerlea. It was granted by the general ¢ In Boston on March 6, 1646, Joseph Jenkes was the patentee, and his Invention & water-wieel, A Frenchman has constructed an electrig walking stick, ¢f whieh the knob containg & small electric lamp o a thick glass bulb, the hattery belng two cells of a pecullar shape down the cane itself. The lamp gives suffl- clent light to read a newspaper in a train op to light onesell upstairs at night. ‘The Pillsbury “A" flour mill at Minneaps olis has established its claim to being the largest mill in the world. Two weeks ago the Impertal mil of Duluth made an output of 7900 barrel The Pillsbury company wade a special run Monday and turned oug 9,601 bariels, or 1,600 more than the lme millionaire, sted $260 in &