Omaha Daily Bee Newspaper, August 10, 1895, Page 2

Mr, Greene averred, completely sustained the position taken by the present board. Further, an Oregon case waa read, defin- ing & de facto officer as one who Is In pos sesaion of the office under color of law, ex- ercising its functions, while a de jure officer 18 one who has lawful right or tiile without possession. *“The opposite side in this case,” Mr. Gresne sald, “could not even rightfully claim to be in the place of the latter. They seek to assail our right collaterally, They can only do it, however, in a regular proceed- ing brought to test the rights of the parties. “The courts define an officer de jure as one out of office, with a right fo the office, but the parties on the op- posite side of this case are not even officers de jure for the purposes of this proceeding. The court in this cas while it must pass upon the question of our color of title, can- not determine the titles of aither litigants in . The question has been asked by your honor if these parties were appointed and held tificates would they hav prima facie evidence of a right to the office There can bs no such evidence before this court, for the question of title is not to be tried ‘here. “To summarize: All the evidence and arguments presented on the question of right are to be considered only to determine the color of right. The question of title is not submitted, and 1t 18 not competent for the court to consider the question of title under any evidence, prima facie or otherwise. The court is to dotermine whether we, claiming the office, under color of title, do 80 in good faith. To finally state the position: The defend- ants are neither officers de jure nor de facto. For the court to decide that these parties are officers de facto, because they claim to be officers de jure, would be to rule on the slightest possible evidence. It would be as though a judgment were rendered in a county court on a promissory note exceeding $1,000, an amount over which it had no Jurisdiction. “In_the second place, has the court the Jurigdiction to restrain the defendants from obstructing the exercise by the present board of the functions of the {mportant branches of the fire and police departments of this municipality ? ASK ONLY WHAT “The Board of Fire and Polic: Commis- sloners, as constituted, is the head of two great municipal departments of goyernment. Certainly if anything requires discipline it is this army of men. Let demoralization set in, coming from I care not what souree, whether that of rival aspirants for the office or what, and it is fatal to the interests of the people. “The cfficiency of this board depends upon whether those in possession can exercise its high functions. “Can it be said that the interests of 140,000 citizens and_their safety is of no moment? Is there nothing appealing to the consclence of @ court to reach out and restrain those conspiring to demoralize its efficiency 2" Mr. Greene read the order issued by the Churchill-Russell board, explaining that its very proclamation shows on its face that the new board recognized the fact that the fire and police departments were acting in obedience to the present board. “Take the words,” he said, ‘We command you, now recognizing the old board, to obey us? We. we three, command you!' Napoleon, in his career, néver issued a more bombastic order. “Suppose these parties iniet upon thelr course. We would soon have two police and two fire departments mede up of two oppos- ing factions, full of that hatred which has torn this city for some years past. Soclety is full of that inflammable element whose profession it is to prey and plunder. The state fair is approaching. With this condition of things, unless the possibility of the threat- ened conflict is averted, what will the result be? How cn it be avolded unless the law is invoked? We cannot in the courts ask you gentlemen why are you doing this and taking this course. Therefore, I appeal to you to take this question immediately to a higher court. We cannot as a board do this. Then If this question cannot be settled in the courts, where are we? In this time of fac- tional and religlous feeling we must look to the courts for relief. In this controversy there are drawn out possibilities that cannot be viewed without fear. It doesn't take much to get up a riot. In the great citirs are congested the elements that Tive from hand to mouth, ready to precipitate trouble under proper conditions, “Phe existence of two rival boards will tend but to inflame these religious and fanatic faelings. “What does the injunction ask? Simply that the new board do not attempt to inter- fere with the exercise of its functions by the present board, which is now recogn'zed by the fire and police forces of the city, and claiming to hold the office under the condi- tions we have stated, until the courts may settle the affair without trouble. QUESTION OF PRINCIPLE, “p great deal of criticism has been passed on the present board on account of its failure to delier over the of Men claiming to Do constitutional lawyers lave passed criti- clsms on Governor Holcomb for his actions. But when he took his seat as governor and took his oath to obey the constitution and re- sist the encroachments of citizens upon the laws and the constitution, he also took the oath to resist the encroachments of the legls- lature of this state upon the constitution, It was ar much his duty to eheek it in that Airection as to ecarry out his oath in any other directicn. It was even more so, as it was more fmportant in fts effects, Would he have been performing his duty had he seen the encroachments made by one branch of the state upon a co-ordinate branch? “A few werks ago the county commission- ers of this county declined to obey a law re- lating to the building of a canal, because ft was, 60 they maintained, unconstitutional. Did any one criticise them? No one. “Who is It that is golug to test the con- stitutionallty of a law if not the parties af- focted by ite operations? Therefore the pub- lic officer who holds the office until his suc- cessor ls legally elected and qualified when there are great constitutional questions in- volved performs a public service to the end that these questions may be determined and that the integrity of our institutions may be maintained. When Governor Holcomb asked for thirty days to deliberate on this ques- tlon; when he sald I have a doubt as to the constitutionality of the law and when he questicned the right of the legisla- ture of the state of Nebraska or any other slate to make a political test for the office; when he sald that he was performing as high and holy a function as will ever fall to his lot during his term of office. A question of a great principle Is involved here which it has taken 1,000 years to settle—the right of the people to govern themselyes. “All the line of argument on the other side procesds on the theory that courts cannot enjoin an officer de facto from performing his duty. Attorneys cited a case in Illinols on the right to try an office by mandamus. In that case the court was not called on to pass on any claim to title. The officer had in fact surrendered. His answer was simply ‘I claim no title’ But suppose be had an- swered, ‘I claim the office,’ then the court could not have in that case maintained its mandemus sult to compel the delivery over of the books appertaining to the office. In this opinion, exhibited with such flourish, by counsel, it is plainly stated that the pretense by which tlie parties in that suit clatmed the insignla of the office was groundless and witbout coiur of title. That case would oply have application to our case If our claima were without color and groundless. WELL ENTITLED TO INJUNC After considering several decisions which had n read by the other side, and pointing out ‘wherein it failed to establish the law which should govern in the decision of the case at bar, Mr. Greene, concluding bis ar- gument in favor of the issusnce of an in- Junetian, read an cxtract from High on In- Junctions, a leading authority an the subject. The principle there laid down distmetly is that the courts will protect officers de facto in the continned possession of their ofiice by issulng an injuoction, pending the sottlement of the contost between the clalmants o the office in the tribunal having jurizdiction. “These authorities,” said Mr. Greene, “that have been road all state that it an officer de facto is in possession of an office under such clrcumstances as give color of right he will be entitled to an injunction to restrain parties taking the law Into thelr own hands until the right to the affice can be detormined. As I Bave sald, it is for your howor to declde whether we are de facto in possession of the office. And since you ust decide whether we are, and whether fhe grounds we take for owr claim are sufciently sound to justily us In dolng so, I went so fully lato the reasons which we have for our position. ““There in one other t. We are not usurpers. We were appolof®d fur a ter yoars. Our torne had not exnired, those mot legaily qualified appuiniess shou! w afice. wa would still be the mow- ©f the Board of Fie and I'olice Coc- 18 FAIR 10N 1Y PR VP PRSI e THE OMAIA DAILY BEE! SATURDAY, AUGTU missioners. We would be entitled to a temporary Injunction against them. “What does the Issuance of such an injunc tion mean? I stated this in my remarks yes terday when I showed what the incendiary element of the community might do, and how wo might have repeated the experiences of the city at the time of the murder of Watson B. Smith. I do not say these gentlemen want to injure the security of the city any more than we do. But I8 It safe to allow this trouble to proceed further? Proclamations have been issued on ons side and offers of armed forces have been raade upon the oth The movements have variously com mented upon, in the spirit of ridicule and of ension. It is to bo seriously feared as a result of these disturbed conditions beasis of lawlessness and crime may be turned loose in our city. “If the court grants (his infunction it takes not one dollar of salary away. The salaries will ron on just the same, and the parties held out of office will fn the mear simply not be called upon to perform thelr duties The public I8 not infured by the maintenance of the statu quo. But to deny an injunction I o precipitate the possibility of the things described These gentlemen of the new board are not hore asking the court to protect them. They are asking the court to say, ‘Notwithsanding the conditions existing, go ahead, fight it out bitween yourselves, take the law into your own hands, let the fate of the city be what it may.’" ok for ——— RECOMM ster's Re fle ¥ Yesterday afternoon Cornish, master in chancery in the Unfon Pacl closure cases, completed his report on petition of the American Loan and Trust com- pany, in which t, as trustee, asks for the payment of principsl and defaulted interest on the eauipment trust bonds given by the Union Pacific Railway company in 1887, which bonds were for $3,541,000, and upon which there is now due thie sum of $789,000, besides interest The equipment covered by the trust bonds includes ninety-eight passenger, mail and baggage cars, 8,705 freight and other cars and 155 locomotives. In his report Julge Cornish says If a meparate account should be stated of the value of the use of =ail equip- ment, basing such value upon the lowest average of allowances for rental between visions of sa‘d railroad, and upon the act use of said equipment, such an account would have a rental value for said property greatly in excess of the annual principal and interest charges as fixed by said trust indenture.’ In summing up, Judge Cornish holds that the road has derived the benefits of the use of th's equipment and recommends an order authorizing the recsivers to make the pay- ments, with all past due interest. DOWN WITH (COAL PRIC nthraclte Pat at w Water Mark. The local coal dealers have fixed the price on hard coal for summer and fall de- livery, and for all coal delivered prior to October 1 the price will be $7.50 per ton. There were two or three members at the meet- ing yesterday afterncon who wanted to shove the price up to $8 per ton, but they were in_the minority and were defeated in their efforts. With one exception, this is the lowest point that coal has ever touched on_the Omaha market. During the fall of 1884 some of the railroads slashed the freight rates, and at the same time the coal dealers put the knife into their prices, and for a_ few weeks hard coal sold down as low as $6.50 per ton. After the war was over, prices climbed up, and before the following spring coal sold at $13 per ton. Last year the lowest price was $8.50, touching $0 before spring. — Big Charge Azainst Small Toy. Peter Kinong, who lives at Twentieth and Manderson streets, thought his horse and bugey had been stolen yesterday afternoon. He left them standing near the corner of Seventeenth and Davenport streets at 4:30 o'clock, and when he returned a few minutes Jater they were gone. He went to the police Station to report his loss, and when he got back he found the horse and buggy standing near the place where he had originally left them. Two boys had jumped into the buggy and after driving about the streets returncd it. One of the boys, a little fellow 8 years of age, named Charles Sneer, was arrested and charged with horse stealing. yu el Perry Was Fooled About Tt Contractor Perry, who lives near Forty- fourth and Dodge streets, thought that he had captured a tramp yesterday afternoon, but he had not. He has been bothersd by ‘ramps very much of late, and has been watching for them. Yesterday afternoon he discovered an inebriated specimen of the genus in his barn. The tramp showed fight, but Perry locked him in and then cailel for the patrol wagon. When the wagon arrived, however, there was no tramp on the premises, PROTEST AGAINST RAT the fore- the Figure on Almonst ORTAGE. arges of T sslonalixm Cause Trouble in a Rowing Associntion. MINNEAPOLIS, Aug. 9.~The dissension in the Minnesota and Winnipeg Rowing as- soclation over the charges of professional- ism, made against Hackett and DeBrissay of the Rat Portage, Ont., club, is likely to lead to the breaking up of the asocuatim, nid the formation of a new one wiln It left out. The regatta svenis th n and tomorrow will be 1 Ty the Minnesotas of St and if the protests, in v Rat Portage, are tow allowed, the Min sotas will withdraw and form' the nucleus of & new amsociation. The directors Love been unable to reach an agreement on the charges of professionalism, in spite of the foct that similar charges made in ths na- tioni aewncilon against John L. Giacbett ¢ et avicwed, The first days' races were rowed afternoon in the presence of a small crowd. The results were somewhat sur- prising, the crack Minnesotas winning not a single event. The Duluth boys unex- pectedly won the junior fours, but all the other events were captured by Rat Portage. In the first race, a quarter-mile dash, there were three entries—Hackett of Rat Portage, and Wann and Buffington of the Minnesotas. Tt was won by Hackett with- out an effort, Wann second. Time: 1:20, The junior fours was the second race, and was participated in by four crews: The Duluths, Rat Portage, Minnesota and Win- nipegs, ‘and the finish was in the order named. Time: 9:45. From the start, the race was between the first two clubs, and was hotly contested, Duluth finally winning by two lengths. The senior single was won by Debrissay of Rat Portage in 11:03, beating Nettleton of the Minnesotas ten seconds. The last event of the day was the junior doubles, and was the most interesting of all, and was contested by crews repi senting Portage and Winnipeg. J. C. Armitage and W. K. Osborne were in the Winnipeg boat, and James Link and 7. Walsh comprised the other crew. Irom start to finish there was not a length tween the boats. Both erews gol aw together and Raf Portage only won by hard “spurt in the fnal 100 yards. Time: 9:0 this W. C. Daly's Day to Win. EW YORK, Aug. 9.—W. C. Daly and his jockey were much in evidence at Brighton Beach today, for the former won two races and the latter rode three wisners. In fourth race there were but four starter with Little Matt the favorite. Captain 7T wis the second Chojce, backed by the know- ing ones, and he came in an easy winw under a pull in the fastest time of ‘the nont- ing for the.distance. In the fifth rice Arti. cle was a strong faverite and The Tutor won, with Reba second, Wellman third i.nd Article fourth. They were only necks apart at the end. Results: First_race, five furlongs: won, Bowliig Green (7 to vina' (6 to 1) third. Time: Second race. five furlon to 1) won, Bessie Browning Palimerstone (4 to 1) third. Time: 1:0: Third race, one mile, sclling: ‘Tinze (7 to 1) won, Sécond Attempt (9 to 1) second, The Coon (6 to 5 third, Time: 1:41%., Pourth ruce. handicap, mile and a sixteenth, selling: Captain T (8 to 3) won, Little Matt (even) second, Vision (G to 1) third. Time: 1:48 Fifih race, six furlongs. selling: Titor (7 to 2) wob, Reba (T to 1) second, Well- man (10 to 1)’ third. Time: 1:16%, Sixth race, one mile, seliing: Sprite @ to 5y wan, Rom Howard '8 to 1) second, Flor- ence (3 10 b) third. Time: 1:5% Pen Round Prize Pight, SIOUX CITY, Aug. 9—(Spectal Teiegram.) ~George Turpin, the Seuth St. Paul Cy- clone, and Jack Burch, colored, of Salt Take Cily. fought a ten-round prize fight at 1 e'clack last night M Roek county, AMipnesota, acrose the Beuth Dakota line, and & distance north of the lowa berder. Turpin seemed to bave the best of the fight until the fourth round, wh he went to pisces. The colored man w finally declared the winner, uston (7 1 {0 3) second, ust the | to ance: 3, RAIN SAVED THE VISITORS University Olub Was Winning from the Kaneas City Schmelzers, THREE INNINGS OF ‘A GREAT BALL GAME [ Were Home Boyw . Shape, but Wenry = Were n "o Playing Visitors The Kansas City Schmelzers and the Uni- versity club team undertook play th first game yesterday at University park, but rain interfered. They managed to play three nings, and this was sufictent for the long haired college students to demonstrate their supcriority over the Cowboys, the score standing & to 2 when Umpire Keofe called the game. Jesse James, who plays left field for the Schmelzers, is a son of Jesse James the soutlaw, who was killed by Bob Ford thirteen years ago. Young James is spoken of as an exemplary youth. He has a responsible position in Armour’s pac ing house in Kansas City and is the main support of his widowed mother. He is quite a ball player, and a great favorite on the team. The two teams will meet at the park this afternoon, playing two games for one ad- mission, and with pleasant weather a big crowd should turn out to see them. The score of yesterday's game was as follows: Universitios Schmelzers Y Batteries: Universitie Schmelzers, Drumm and Ulr Universities, 3; Schmel 3 versities, 1; Schr Base hits The will be called Universit Creigh Crawford Abbogt . McAutifre McKelvey . Haye Robinson teams in the first game, which at 2:30, will be as follows: Positio Schmelzers ..short Reyburn .right, Hurst first. hart nd. Alden third Duddleson eateh.. Ulrick pitch. wees.. Drumm len ... middie.! MeMenamin Lawler Lodeft., James In the second game the only change will b the batteries. This will be called imme- diately on the finish of the first. ONAL LEAG Victory ot Chicago. 9.—Thornton's wildness Clevelan®'s first this season. ior some he wus put in to relisve fourth, Ten bases on 1 pitches was his record Cuppy’s CHICAGO, was cliiefly vietory in Chic unknown reliso Hutchison I the Wls and two w als also fielded poorly, whi ipport was nearly perfect. Scor Chicago L000120 Glevelana 020305800 Hits: Chicago, 13; Cleveland, 13, Error Chicago, 6; Cleveland, 1. Kaméd rims: Chi- cago, G Cleveland, 8. Two-base hits: Te- beau, Stewart, Zimmer, Decker, Iverett Three-base hit: Iverstt. Home rin: Thorn: ton. Sacrifice hits: MeCiarr, McKeen, Dou- ble plays: McKean (o Tebeau to O'Connor. Struck out: By Cuppy, 1: by Hutchison, ; by Thornton, 1. Buse on bally: Off Huteh. ion: 8 off Thornton, 10. Wild pitches Thornton, 2. Batteries! Hutchison, Thorn- ton and’ Kittredge; Cuppy and Zimmer. Time: Two hours and forty-five minutes. Umpire: O'Day. ONE GAME APIECE BALTIMORE, Aug. 8—Baltimore hit Meekin hard In the fiest game, but had no Chance of winning on account of the poor work of Hoffer and Hemming. Pond pitched the last two Innings and was quite effective. Clarke and McMahon were the opposing pitchers in the second game, and McMuhon Rad the New, Yorks at his merey. Attend- ance, 9,50, Score, first game: Baltimore 1042000018 Now York .00 4 033407 0-1 Hits: Baltimore, 13; New York, 12. Ir- rors: Baltimore, §; New York, 1, Iarned as: Baltimore, 3; New York, 8 Two-base hits: McGraw, = Tiernan, Jennings, Van Haltren, D Keily. ' Three-base_hits: Tiernan, Home runs: Burns, Kelly. Stolen bases: McGraw, Jeanings. Davis (. Dovie. First base on balls: O Hofter, 1; off Hem- ming, 1; off Pond. 1. Hit by piiched ball: By Steckin, 1; by Hofter, 1. Sthuck out: By Hoffer, 3; by Pond, 2. Pissed balls: Wil- son, 3. Sacrifice hils: Doyle, Burns. Bat- terfes: Hoffer, Hemming, Pond and Clark; Meekin and Wilson. Tinie: Two. hours and fifty Umpires: = kmalie an Hunt. Score, second game: Baltimore . New York Hits: Baltimore, rors: Baltimore, & account of darkness. Earned run more, 2. Two-base hits: Robinson @, Stolen bases: Stafford, (Heason: base on balls: Off MeMahon, 13 off Clarke, 2 Fiit by pitehed ball: By MeMahon, 1. Strick out: By McMs by Clarke, 1. Wild pitches: Clarke. Sacrifice hits: McMahon. Batterles: McMahon and Robinson: Clark and Wilkon. Time: Two hours nnd five minutes. Umpires: Bmsile and Hunt. BOSTON WON IN THE NINTH. BOSTON, Aug. 8.—The Senators gave the home team a hard rub. ‘The latter won in the Jest half of the ninth inning. Mercer pliched a_ great game. - Schicbeck made & wild throw, which opened the way for Eoston fo score when the visitors were leading by one run with one man out. Score: Boston . Washington Boston, Boston Aug. g0 2016 18 0011000024 00000110 1-3 Washington, Br. shington, 2 Earned Washington, 3. Home in: n_bases: Long, Selbach, Schiebeck, 3 First _base on balls: Dufty, Nash, Ganzel, Mc Schie heek. ' Struck out: Diffy, McCarthy, Joyee (@), Abhey Hassamaer (2), Schiebe Boyd, MeGuire, Double play Long Hatterles: Nichols and Ga er and McGuire, Time: Two hours and forty minutes. Umpire: Burns, Attendance, 1,50, COLONELS WALK ON_THE PIRATES. PITTSBURG, Aug. 9--The Loufsvilies yed all around’ the Pittsburgs. Weyhin hit only in one inning. The balanc ithe ganie he had the Pirates at hi merey. The Colonels earnad all their ru Attendance, 1,200, Score: Pittsburg 00010000 Louisville ... 00031000 Hits: Pittsburg, 5; Louisville, 11. ¥ Pittsburg, 4; Lowisvilie, 1. Earned Pittsburg, 13 Louisville, 4. Two-base h Donovan and Stenzel. Threc-base hit: G tinger. Sacrifice hit: Holmes, Stolen bases: ('Hrien, 1.~ Double plays: Blerbaver to Beckley; Bierbauer to Cross to Backley. Hases “on_balls: Donovan, Stenzel, Clark, Wright, Warner. — Struck out: _Hawley. Holmes, ttinger, Warner, Weyhi| Passed ' balis: Warner. Batteries: Hawle and Sugden; Weyhing and Warner. Time Two hours ‘and ‘twenty minutes. Umpire evne. Joyce, 0—1 TOMMY IS A TERROR, BROOKLYN, Aug. 9—Tommy Smith, the boy pitcher, Was responsible for the Brook- Iyn's downfall. Until the eighth inntng. the men from Churchtown were completely at his merey. Abbey was hit hard. Scor Brooklyn 00000001 0-1 Fhiladelphia 11010004 Hits: F v Philadelphia, 11. ¥ v Eamed runs: Brook- lyn. ' 1; Philadelphia, 1. First by errors: Philadéiphin, 1. Left oh bases: Brooklyn, 3 Philadelphi First on balls: Off Abbey, Smith, 1. Struck out: By Abbey, 1! Smith, 5 'Three-base hits: Anderion, hompson. Two-bas Gritfin, Bhindle; Anderson. Sacrifice hits: Sullivan. _ Stolen Hases: Hamilton. Double plays: Sulllvan to Hallman to Boyle; Anderson to Corcoran. Hit by pitched Lall:" Sulliv. Grady. ~ Wild pitch: Abbe Abbey’ and Grimm; Smith and y One bour and forty-nine minutes. 500, Umpire: Keef STANDING OF THE TEAMS, Played. Won. Lost (el e 8 51 i 8 8 86 &5 [ m 9 P. Ct 50 3 18 52 6 4 4 29 Baltimore Hoston Cinclnnati Iphia ... Washington . St. Louls.. Toulsville ....001000 8 Games today: Philadelphia at Brookiyn; Washington at Hoston: New York at Bal timore; Loulsville at tsburg, Cleveland at Chicago; St. Louls at Cincinnati, SCORES OF THE WESTE Indianapolis Se Again by Defeating Detrol INDIANAPOLIS, Aug. —Indlanapolis took the lead again today, defeating De- troft twice. In the first game Pears was batted freely and in the second Gayle was hit still harder. Both sides fielded sharply N LEAGU 'ST 10, 1805 in the second the Score, Arst game 0000083205 08000000 polis| 13; Detroit, . Erro Basterier: Fisher and McFar and Twineham. second game Indfanapolis ;4200002 Detroit 0101310 Hits: Indianaf grlbl 16; Detroit, 15, Indtanapolis, §; luhn(! 3. Batteries: Philiips: and McTartand; G ham KANSAS CITY, Ayg. 9 "8 0 it Kansas City Milwaukee ... ansas City, 1 sns ity Hits: K Daniels rors: Ka Jrles Moran, ST. PAUL, Aug. olix ame; rajn AND RAPIDS, Aug. 9.-8core: and Repids......0 0 0 21 00 0 re Haute........0 1 1 0 0 0 1 4 Hits: Grand Rapids, 11; Terre Haute, Brrors: Grand Rapids, 4; Terre Haut Datterics: * Jones and ‘Nye; Haughey twach STANDING OF THE TEAMS, Played. Won. 1 8 62 i 3] 81 5l &% a8 8 45 8 2 g in the first gaie) Tt work was a litth loose. Indianapolis 0 Detroit . 0 Hits: Tndian Detroit, 1 nd; Pears Score, 00-8 ] vie and 1 Score. 030 000 1 0 0 01 Milwaukee, 6. Milwaukee, 1 rgen; Baker and 9.8t Paul-Minneap- ne 0 and Indianapoli 8t. Paul..... Kansas City Minneapolts Milwaukee Detrolt Terre Haute. .. Grand Rapids. . Games today Milwaukee at 10 4 4 55 3 61 31.5 Minneapolis; Terre Haute 4.1 33 ] Paul at City S At Kansas Lenders 1 Aug. 9-In the first game on the home grounds the team recently trans- ferred to Denver from Omaha won from i . It was considerable of a pitchers’ battle, Carrish having better of it. Both teams fielded poorty. Score: De R LD TR Peorla . 100000 0—3 Hits: Denver, §; Peoria, 4. Brrors: Den- ver, 5, Peoria, 6 Batterl rish and Lofiman; as and Dug ST. JOSEPH, Aug. 9.—Score: Joseph 010100 tockford ... 011001 Hits: St. Joseph, 6; Rockford, 10. St Josept flaite Johnson Joues; Underwood and Snyder. MOINES, Aug. core: Des Molnes 04202 1- Jacksonville 00000 0 Hits: Des Moies, 12; Jacksonville, 7. Er. rors: Jacksonville Intteries: © Figges meier “and McF Schwartz and Mohler. STANDING OF THE TEAMS. Los| 02 0-5 0 0 0-2 0 *—§ Tors: and rland; P. Peoria Lincoln Des Moines Quiney Denver Rockford Jacksonville 3 St. Joseph....... 55 34 Games today: Peoria at Denver; Quincy at Lincoln; Jacksonville at Des ' Moines; Rockford at St. Josenh. al % i 42 43 53 MES OF THE VELY Unkuown Aggregution from Bent Atlantic, ATLANTIC, Ia, Aug. 9.—(Special gram.)—An Omaha club played ball the Atlantic tgam today. Score: Atlantic .02042 Omaha L) 0000010 0-2 Base hits: Atlantic, 10; Omaha, 4. r- ror: Atlantic, §; Oma’ 8. Two-base hits Sauer, Hilweg. Struck out: By Quint, & by Frick, 12. Bates‘on balls: Off Quin oft Fric 6. Batteries: Quint and Sauer; Frick nd Hilweg. Umpire: CHEROK Jin, , Aug ‘The played a marricd men and 'the yeste which resulted game of ball hes R in a vietory for the latter by a score of 8 to Fully' 200 people Witnessed the game, which ‘was exciting throughout. The sicore stood 3 {o 2 in favor of the married men up to the elghth inning, when thei pitcher gave ouN 1etting the bachelors run six men around the diamoid. Score: Bach- elors, & marrigd, men, AVOCA, In., Aug. 9 —The Pax ated her Che home up dn exc ne and out- played the visitets at every point. Bat. teries: For Avaca, Wood and Riley; for Pax- ton & Gallagher, Staffelder and Helwick. WISNISR, Neb., Aug. d.—Special)—West Point and Wisner played here yesterday. The pitching of Emley of Wisner was fine. Scor Wisner West AMATEU Omahn t Tele- with 00 1-9 by g 8 00 35 -2 2119 211 2 0 101 Batteries Dugan; Nelburg, Clennons, Wearth and Hiil GRAND ISLAND, Aug. 9.—(Special Tele- gram.)—Grand Tstand’s ball club plaved an- other game and defeated the H polsheimer by a score of 12 fo i Batteries: and Schwaiger; Abbott and Bue SCHUYLER, Neb., Aug. 9.—(Speclal Tele- gram.)—Schuyier defeated David City on the home grounds this afternoon in the very best game of the season, most of the game being played in the ach team played ball every me, but David’s pitcher was unfortunate in being hit for seven runs in and they ould not regain the Citys came over, s0 they s it the “moodlums,” but they not. Score Schuyler, §; David Clty, Earned ru Schuyler, 5. Errors: 8 City, 4. Two-base hit: ~Slade. Thi hits! Odum, Scott. on ball Kimmell, 2; off t, 3. Struck out Kimmell, 5; by Scott, 9 Batterfes Kimmell and Palmer; Scott and One hour and forty minutes, team Glade Friel. Um- Aug. 9.—(Special Tele- Dase ball team today defeated the Tecumseh club in a meritorious game by a score of 7 to 4. Batteries: Wahoo, Clark _and Hall; Tecumseh, Davis and Conlin. The deciding game of the series will be played tomorrow. Britannia Won the Mcteor Shield, COWES, Aug. 9.—The chief event of the yacht racing today under the auspices of the Royal Yacht squadron was the competi- tion for the Meteor challenge shield, course around the Isie of Wight. A fresh south- east breeze was blowing when Ailsa, Brit- annia and_Iverna started at 9: m. The three yachts had their top masts housed and were under main sails, foresails and jibs. Allsa got the lcad at the start and creased it as the race Iverna had no possible chanc and only started because three competitors were nec- ossary, Shé was not expected to Allsa” today allowed Britannia thirt Seconds. Luna, Isolde, vted in a ra Niagara and Stephanie » for a private sweepstake. The two American yachts, Isolde and Ni- agara, scon passed Luna. Luna, however eventlally pulled away from her competi- tors and won a good race, with Isolde ond. Stephanfe retired from the race. The followir g » the times of the three yachts at the finish: 1:4 Niagara, 1 Britannia shi Times Al 39:01. by minutes Luna, Tsolde, 1:46:50; won the race for the Meteor were: Britannia, 3:35:3 Consequently Britahnia won twen(y-seven . thre corrected time. The earl of Lwntaygn salls for on_the Teutonie on Wednesds Eraperor Wilji > . \\‘nlJ;"v-m on the Brit- prince of annia during the, race. He was banqueted by the memberk)of Pn» Royal Yecht squad ron, who attended the Kiel fastival. Haron Revelstoke lent his residence for the occa- slon. New York . August 31 th t of the Ottumwi Wo OTTUMWA, fa."Aug. 9.—(8pecial Tele- gram.)—Ottumwa, Won today's game hands dow: Beore: Ottumwa Cedar Rapids Hits: Ottumvias Ottumwa, 1, Sowders and i 0 0-12 00— 8520000 0000102 Cedar Raplds, 7. Er (edar Raplds, 5. Bat- Pixley; Beale and Fox mq#Lmzuuuzm)gzzummnné *HE U. S. Government officially reports \‘ ROYAL BAKING POWDER superior to all others in leavening st (Bulletin 13, Ag’'l Dep't, p. 599.) ' Co (o (Tl (Tl C 71 C i (T CCTvac b 79 7@ ‘otate Brones. 6 potatoes, % pint Graham flour, % tea- spoonful salt, % teaspaguful Ropal Baking Powder, 1 tablespoonful butter, 1 cupful cream, 1 egg. b teaspoonful Extract Cloves Boil 6 moderately large potatoes, pecled, until very well done, drain off water, st them by fire with cover off to dry; mash exceedingly . edding butter, egg and cream. SIft to rabam, salt-and pow- der, which add to potato preparation; when quite cold, add extraet; mix into firm dough, whieh wiil reguire cara in Lindling, as it is very short, Floar boari with Graham, turn out deugh, rell It to thickness of % luch, cut seconds | elapsed time and four minutes six seconds | BALD MAKES A NEW MARK EBasily Olips a Fraction Off the Mile Com- petitive Record, | COULD HAVE DONE BETTER IF PUSHED | cey thing Hin Own the Five-Mile=Shook 10 Almost at the Start— New Men to the Front Wy CHICAGO, Aug. All ey clists of the country, with of the few cash prize professionals whose wanta provided for in this inftance, on hand today at the Natfonal Circuit tourna ment, which began this afternoon at the one- third-mile track on the south side. The meat- ing is being held under the joint manage- ment of the Chieago Athletic association and the Assoclated Cycling ¢lubs. The flyers in attendance include B. C. Bald, possibly the fastest mile man of the period; C. M. Murphy, Ray McDonald, F. J. Titus, L. C. and E. C. Johnson, L. D. Cabanne, Arthur Gardiner, J. P. Bliss, C. R Coulter, Tom Cooper, Harry Maddox and a host of lesser lights and local class A me The track today was in fine shape and the weather promises to allow it to remain so The very hot temperature tended to apportion it for record breaking. Interest this after noon centered largely in the five-mile paced event, in which Titus, Maddox and others were announced to start Titus was fancled a little more speedy than the other men. Both he and Maddox were in good form. Gardiner is yet suffering from the effects of his fall at South Bend and Cabanne has never fully recovered froi his accident at Asbury Park. Bald is looked upon to win most of the open events, so tfe fighting for second place must be keen. The heats of the class A races were run this forenoon and the racing proper was set for 2 o'clock. Some of the more hopeful and supposedly likely classes of the men were bowled out of the heats in the forenoon trials and made ineligible for the afternoon finals. Hitherto unheard of riders finished ahead of such men as Erskine, Bicker, Winship, Wood and Lange. There was not so much iuck in the results as thers was an uprising form on the part cf the new men as they scampered around the track. Vincent Loos of the South Side Cycling club was badly hurt in a fall with Stevenson of the Lincoln Cycling club, and for a time was thought to be fatally injured. He was revived by a physician, however, and was pronounced out of danger. BALD'S WONDERFUL MILE. The feat of riding a_mile in competiticn in 1:58 1-5, accomplished by E. C. Bald, the class B leader, was the particular event of the afternoon the national cireunit cycle I The heats of the one mile open race for Class B, three in number, had sifted the “fly until there remainéd Tom Cooper of Detrolt, Bald of Buffalo, C. R. Coulter of Mansfield, 0., Charii> Murphy of Brooklyn L. C. Johnson and A. L. Brown of Cleveland and ‘A. D. Kennedy of Chicago. When the tart was made Bald made a rush and itched on™ first at the rear of the triplet that was to do the pacing. On the triplet were Githens, Holmes and Levy, and thoy ground out a warm race from the start, Mur- phy, Cooper and Brown followed Bald in order, but the others were killed off almost at the start. Pretty soon “Doc” Brown gave it up, oo, and before the last lap was fairly under way Bald was hanging tight to the wake of the triplet and was leaving his com- petitors behind. Going down the stretch he went past the pacemakers and finished the race alone. He clipped one-fifth of a second off Johnson’s Waltham time and it was clear that he could have reduced tne record at least another second had the pacemakers remained at the head longer and pulled him plong. Bald was the King of the meet and higwes o ¥ e shewed himselt o be without a peer at The five-mile paced race for class " out a fleld of notables, Among whom (o Lont lkely were Titus, Maddox and Murphy. At three miles the procession had narrowed to Murphy, Titus, Maddox and Monte Seott, the pace having been too much for Cabanna, Me. Donald and Dacey, while Coulter and De. cardy had come together in a tumble n front of the stand. At four miles only Murphy and Titus were realliy in the race. Maddox had dropped out, t0o tired to proceed further, and Scott was being distanced by degrees. Two laps from home Titus went ahead of Murphy, and he won s he pleased with no competition near him. Murphy continued, however, and took sccond place, and Seott came along later for third. The pacing was not particularly severe in his race, and in reality Titus was the only one of the field of starters who showed to good advantage, fflld even then he was not forced beyond mak- ing a finish that was rather tame. Gus Steele, the local diminutive fiyer, rode a mile paced against time in 1:43, and could hiave done better had the pac'ng been swiiter, DULL OUTSIDE OF BALD. About 2,000 people saw the races, and aside from Bald’s brilliant performance the pro- gram was somewhat dull. The more im- portant races for tomorrow are the one-third mile open for class B, the one mile handicap for class B, and the half-iile open for class A. John Lawson will make an onslaught on the hour record, starting at 1 o'clock. Sum- martes: Final heat, one mile novi starters: Jjohn T. Cyeling clul Decardy, ;. Walter Ileiny CyCling club, third, Time 3 inal heat, one mile open, class A, ele starters, Dacey and Erwin' pacing on - dem: R P, Rice, Englewood Cycling club, won by half length; C. C." Ingraham, Dixon, Ill, second, by six inches; Marinus Nelson, Columbia ' wheelmen, third; - Sam Lincoln Cycling club, fourth. ' Time: “erack” the exception the are not were ce, class A, ten Fisher, Englewood e lengths inal heat, one mile ope Bald, Buffalo, won, with .M. Murphy, Brooklyn, ooper, ' Detroit, ‘third; 1 son, Cleveland, fourth. Time: (World's competition record.) . R. Coul- ter, A. L. Brown and A. D. Keanedy also rode. Final heat, fourteen starters (180 yards), won. 3 Final heat, one mile’ champlonship of | Chicago, claks A: L ange, llinois Cycling ' club, won. Time: 2:1 Two-mile handicap, class B: Joseph_Skeiton, G. A. Maxw second; Karl 0., \third; J, fourth; A fifth, Time: ' 4:33 liam Deca « 0. L. Btevens, Ottumwa ond; C. V. Dacey, Chic third; J. W. Coburn, Bt. Louls (175 yards), fourth; Frank Wind, St. Louls (130 yards), fifth. Time: 4:®, ' Final heat: G. A, Maxwell won by half a length, J. P. Bliss second, O. L. Stevens third, Wiiliam De- cardy fourth, Fred A. Wegge fifth. Time: 5 4-5. Coburn and’ Kiser fell. Four-mile handicap, ten starters: 1. J, Titus, New York, won by twenty lengihs; . M. Murphy, Brooklyn, second; Monte | 8cott, Plainfie N. J., third (distanced) Time: 10:44 Ji. “H. Muddox, Asbury Park; C. V. Chicago; G, 'A. Max- well, " Winfield, L. D, Cabanne, St 1 a. two-mile handicap, class R. P. Rice, Englewo Time: 1:27¢ A, ifirst heat: Chicago (240 yards), won; 1, Winfield, Kan. ( ards), iser (140 yards), Dayton, P, Bilss, Chicago (130 yards). Chicago (300 yards) Second heat: (200 yards), 20" yard (30 yards), hicago we N rength. knife Into oblong pleces—say crackers and % as wide. | Bake on hot griddle, pricking them with | ferk to prevent blistering. Very light and Qelicate—to be eaten with butter. with sharp | length of soda Chocolate Cream (Glnee.) Proceed as for Chocolate Cake and finish by glazing with the following: Set on the | fire 1 gill of water, 1% cupfuls sugar, % cup | grated chocolate in & small saucepan; boil un | til 1t gets thick and looks velvety; teke off the fire, and add the whites of 2 eggs, without Lonis, Also rode ¢ R Coulter fell Willlam Decardy and PHAMONT WHEE MAn In (e Rain @ Disn FREMONT, Neb, M) —The bicyeld races aftirhoon In the rain Reity could have called ciled not to disapoint funlare of the afternoon was the race for boy# under 17, the time, considering that the track was wet, belng remarkably good 1) the one mile open Stewart won ensily Spovking broke a pedal on the last quar Y, or he would have o in second, and perhips beat Stewart, A telegram was re cofvad at the track from George L. Gideon siwbending H. L, Frederickson, 1t is not Khviwn liere how long the suspension holds, of for what it was lssiued ederickson’s tolends are very indign Neither Hay or Pixley started in any race today attendance this \don - was coneidering the rain. In spite of %o fyawbacks the meet has been a su Npults HalL mile, 1:2 won, Ben H, ¥ spt third, Time (e mile open W ¥, Primley third,, Time: 2 (Ane” mile, 2:00 class won, Charles Thompson Underwood third. Time (e mile, boys un Wi, Adams of M iy thIrd. Time ye-mile handicap wiv, A L. Und; Veinley third. 3 ~(8pectal Tele were run this Mossrs, Srack and them off, but de- the riders. The B ) class drick se 1:18 1.5, John Stewart nd, A A. L. Underwood John Stew wil- ceter k L. we R, H ond, % Ben e Kendr) A Inches K. J. Bless- Charles 1 second, 14:04 245, Thompson William ¥, WAL POINTER DURANC Nt the Matel With Magcot Two Hentw, © MUFFALO, Aug. 9.—The weathe thyratening today, but no raln fell, of wind there wak scarcely a breath, The year-olds was won easily 24 pocing for by Sulphide, the favorite, in straight heats. 3 finished eac in a Thit Deny it MK, and could easily have kr a sec- opd from his time had he tried. Annanias ol Patsy Brooks divided second money. Ty 2:13 trat went to Beusette, a strong symd cholce, whose time in the fourth Weat, 200k, lowers the track trotting rec ofd, . Klamath pulled in the first heat, but thet pace afterward was too hot for him 10 1he third heat Monette passed Heusette iff e stretch, but broke and landed sec- ol Mascot won the match race with Mal Pointer, though it took the full fiv Woats, Pointer was clearly tired in th Ly, and dropped this heat by a wide ma #inf Pointer acted badly in the first heat of the 2:11 pace and allowed almost the efitira field to lead him under the wire Mw ¢aptured the next three and the race Whsyever, without a great deal of trouble: Summaries: Hinse 2 3100 Sulp Fiome: 23 Anpanias divi Vinrted Mass 2:13 won the was and for 2-year-olds, e won in straight ' heats 2:12. Patsy Brooks and ed second money. No others pacing, purse 00: Buesette fourth heats. Klamath second. trotting, purse econd, third and Piape: 2:07h, 2:11%4, 20 the fiest heat and 2:10%. Aunt Delila ¥ihird and Monet Match ra purse tlie first, fourth and 2, 2:10," 2:09%. H: onyf and third heats. s 2:11, pacing, Volnter won the se Brats, Time: 2:091s, 2:1 Wiy the first heat and w 2464 inette was third iws, Ella T, GI Curry, sl Bthel A also started. oOnly O avorite Won. WANSAS CITY, Aug. 9—Brown Dick was the sole favorite that won today at Exposi- tlon park. and attendance fuirly inl. Summar st . six furlongs, selling: Pat Lee ) 1o 1) worl, Twilight (10'to 1) second, Uni- COpR (20 to 1) third. Time: 1:18 Becond race, five and a half furlongs Sonthernest (3 to 1) won, Guss Strauss (8 t 1) second,” Pat Brooks (30 to 1) third Pigme: 1:10%. Thira race, four and a half furlongs, sell- i Mountain Belle (30 to 1) won, Green Piewitt (5 to 1) second, Dora May (10 w0 1) thfpd. Time o oirth race, six selling: Brown Wiek (1 to 2) won, Murphy (8 to 1) second, Valltra (15 to 1) third. Time: 1:10% Kifth race, five furlon selling ik (1 to 1) won, Dick Laflingion siegud, Wild Briar (0 to 1) third. pEN $3,000: fifth Polnter Mas heats. Time: won the sec- Time: 2:08%, 2:10, purse '$2,000: Star ond, third “and fourth 2:08%. W W P 5 second. Time: Henry F, Peer- Sterling, Hyannis Thur- to 1) Time MOTHER'S CARE. Goasless Vigilance August Heat, During | Choler Infantum Takes Deadlier Aspect. Death-Returns Pouring Health Depts, Fatal Diarrhoea Induced by Ime proper Infant Diet, No Touch of Summer Disease with Lactated Food. Bternal vigilance, during the heated season, is the price of baby's health and very existence. The fatalities in mid summer among the in= fant population are nothing short of appaling. The two causes are infantile indigestion com- bined with a debilitating, high temperatu Or, in other words, a d'et unfitted to bab; needs in summer. The ill effects of the In- tense August heat are far-reaching. Many little ones droop and pine, without appetite and strength. Thefr usual dict fails to nour- ish or more otfen is wholly rejected. Tn this weakened condition the mistake of over- fecding, that anxious parents too often fall into, instead of nourishing the little ones, only brings on diarrhoea And diarrhoea, with the temperature high up, results in cholera ipfantum. The extraordinary mortality various forms of infantile indigestion summer has led to careful inquiry, and the best au- thorities on the subject in the large cities have freely expressed their opinions. Several of the best known physiclans in Omaha were interviewed yesterday, and the following question asked “In view of the large death rate this sume mer of Infants in Omaha what ommend?” The general of the profession was voiced in the following statement from one of the most successful practitioners among children. He sald “There is nothing cqual to lactated food, and its use is fast becoming general among the profession. We find that it is retained on the stomach when all other food is rejected or proves burdensome and a menace to tho child’s health. “For cholera infantum T find it uable, and I generally prescribe its use at onca when called to attend such cases. In almost every caso where mothers-are unable to nurse thelr infants, I find that lactated food answers best of anything.” Many happy mothe n Omaha have used lactated food successfully where* everyth'ng clse failed. This food has kept their chil- dren strong and well during the dangerous summer season and they have recommended it to their friends, who have had the same happy experience. especially from this do you rece sentiment most val- Migek Hills Firemen's Tournnmen FAPID CITY, S. D, Aug. 9.—(Special Pylegram)—The second day of the fire- MK’ tournament was a great success, not- withstanding the withdrawal of the Dead- wind and Central City teams becausg diggatisfaction. The dry hose contest was Wil by 1 Time: 0361 derman’ ounlest was won by Rapid City; time, n W Both Prizes. RPDAR RAPIDS, la, Aug. 9.—(Spe Tidegram.)—George Severa, with a handicaj of % minute and a half, won both the race aud time prize in the annual road race of the Hohemian Cycling club this evening in @4, The course is twenty and one-half Mk and was ¢ in the teeth of a iy wind is Cyele Chase Poxtp P the fifth night’s racing in the six-day amilteur race at the Charles Street Biegele pArk was postponed on account of the rain Thir be resumed tonight and fin- ight, when there will also attractions. Kansns City, CITY, Aug Manager Man- ning has signed Fred Carroll, who was re- ountly released by Grand Rapids, and be R“‘n’ Join the team tomorrow, playing left It is Known By Its Cures It Is not what we say, but what Mnod's Sarsaparilla does, that tells the #tury of its merit, fhe thousands of people whom it has hiaed from diseaseand despair to happi- Miws and health, are tho strongest and bt advertisements Hood’s Sarsaparilla M, No other preparation in existence Mwh much a record of wonderful cures. Ihis is why Hood’s Sarsaparflla has the lsrgest sale, and requires for its produc- Afirm the largest laboratory in the world. Mow it you need a good medicine, why Hob try that which has done others so Mok good. Remember Hood’s Sarsaparilla Is the Only Y'rue Blood Purifier Fwminentlyin the public eye.§1; six for§ 1< sct harmonlously with Wood's Pills §t,Jameniony v ML 7o Ve 1 SOAP PLOATS JA% 8. KIRK &CO.. U. S, A, e IRRIGATION BOND SALE. Watice Is Lereby given thit seaivd propos- aff Wil be received by the board of direciors of A Lillian frrigation district of Custer cunlE at thelr office at the Ash Sl mouse, 1n said district, up 1o 2 o iock ) i of thé ay of August, 18, for iw,w» of the bonds issued by wald irriga- iy district, $25,000 of ‘said bonds being bafmis of Ch und 37,000 of Mald bonds Lopig o bonds of $100 éach. Al of sald DAMN drawing Interest at dhe rate of 6 per colih per annum, payable semi-annually. Thy principal and fnterest of sald bonds pAsabile at the office of the stute treasurer af ‘the te of Nebraska, the final amount oM ning due bonds payahl ity (@) ye oiF date, il pavibile In instullments after ter THAK tate, borrd of director i plght t any apd all bids dgiaw all bids to P. L. "Metcalr, Sec., Wilworth, Custer county, Nebraska. JUF ggrde of the board o directors, w e OR. 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