Omaha Daily Bee Newspaper, December 11, 1900, Page 4

THE OMAHA DAILY NEWS OF INTEREST FROM BEE: TUESDAY. DECEMBER 11 1900, IOWA., COUNCIL BLUFFS. | MINOR MENTION, Davis sells glass, “Mr. Riley,” 5-cent clgar. Fine Mimsouri onk. Gilbert Bros. Gas fixtures and globes at Bixby's. Fine A. B C. beer, Neumayer's hotel. Wollman, scfentffic optician, 409 B'd'y. Behmidt's photos, new and latest sty W. J. Hostetter, dentist, Baldwin bio Moore's stock food kills worms, fattens. Bes Schmidt for elegant holiday photos. Drink Budwelser beer. L. Rosenfeld, agt Leffert, jeweler, opticlan. 236 Broadway. C. B. Alexander & Co,, 33 Broadway, art dealers. Open enings. Lucius Wells went to St terday on a business trip W. F. Graff, undertaker and disinfector, 1M South Maln street. 'Phone . Get your work dane at the popular Es laundry, 74 Broadway, 'Phone 157, W. C. Estep. undertaker, 28 Pearl street, Telophones: Office, 5, residence, &, Mrs. Mary A. Davis left yesterday on a visit to iriends in Elingwood, Kan. Morgun & Klein, upholstering, furniture repairing, mattr making. 1 Main st ‘The annual election of officers of the Sec ond Presbyterlan church will be held this Vening m wh Lily America, of officers. The regular meeting of Concordia lcdgs No. 62, K’hl‘htu of Pythlas, will be held this evening. Louls, Mo, yes- No. 1, Royal Nelghbors of meet tonight for the election For sale, at 3 cents on the dollar, Oaark | Zinc and ' Lead mining stock. Forrest Smith. The December Apply course of the superior court will be convened this morning by | Judge Aylesworth, Claims to th mount of $535 alnst the Officer & Pusey bank wera filed with tho clerk of the district court yesterday. Your wife will love you If you buy Sherl- dan coal. Smokeless, no clinkers, soot nor sulphur. Fenlon & Foley, sole agents, A want add In The Tee will bring results, The same aticntion given to a want add in Council Blufts as at the Omaha office. The regular meeting of Excelsior Ma- sonic lodge will be held this evenink, when the annual election of officers will take place. Two carloads of {mported earthenware from Germany were reccived at the Cotine il Bluffs customs house yesterday for W. A. Maurer, Judge Smith McPherson, accompanied 8. McPherson, was In' the city yes(ar ay for a ohort'time, on his way to Des Molnes from Red Oak Henry Saddler, u saloon keeper pleaded sullty In Justice' Vien's court yosterday to an assault and battery charge preferred by L. Wehrhahan and was fined $10 and costs, James Bond, charged with stealing a pair ot horseclippers from the Nevins livery barn on 8 tatrpel, was Glven fifteen daya n_ the county Jall yesterday by Judge Aylesworth, 4 % The funeral of the late W. D. Smith of 318 Franklin avenue has been postponed from Wednesday to Thursday morning to ermit the arrival here of his daughter rom Callfornia, The case in which Abruham_Glilinsky was charged with assaulting I. Wiesba durlng a discussion over the ownership Of @ wet of harness was dismissed In police court yesterday morning. (orultue Korgan, Ir.. erday at ome Mrs. J. Kor this city. o'clock tor The ni llfl‘d 18 years, dled yes- of his Mr. and t miles east of uneral will be held at } mMorrow afternoon. Royol Highlanders wili moet this in Royal Arcanam hall {n regular Suing year will be elueted AN omrh ar wi elected. All member: @are requested to boe present. - K JMrs. Sena Christlansen, wite of J. . Christlansen, dled yesterday morning at her n]flr::: e North kN!"lhfl grn‘!. after an Of one week, age ears. ot of Tunerul win'bo Kiven later o o little 6- old son of Willlam Gall, 129 Kast Broad wandered away from his home Yesterdey, He was tound st night at & furm house on the Ml bl road about seven miles from the elty. The appolntment of Charles E. Walters &8 expert accountant by depositors in Of- flcer Pusey's bank to examine the firm's books and accounts was confirmed yeste day by Judge Green of the district court, One of the large motor cars colltded Wwith a dellvery wagon of Jensen & Peter- n, grocers, yesterday afternoon on Pear| of Willow av.- " 'The horse was (hrown down pat fot serlously injured. The driver, 3. Johanson escaped Injury. | Jacob wnmnalon. colored, was struck by w'Motor car at Bixtdenth Atreet And. Aveniy A last ning. No bones were broken and Washington's ‘Injuries were state to con- vist solely of a’ few painful brutse He wan removed to the hore of Dan T hgmpsas on North Sixth street Judge Green of the district court handed flown his decision yesterda: morning in the divorce sult lophia 'eterson ARalnst M. P. Pet. heard before him ! month, denying the plaintiff the rellef ought. Mrs. Peterson alleged cruel and inhuman treatment as the grounds for a Aivorce, Georgia Taylor, a notorfous negress who drifted to this side of (he river Saturd |y night ‘and was promptly arrested by the olice, was given two hours In which to oave ‘town yesterday morning by Judgs Aylesworth. " The woman told the ‘court #ho would never have come back to Coun- cll Bluffs If she had not been “doped. The Galesburg brick for the top course of the paving on fryant street arrived yeste:- day and the work of laying it commenced, The brick s of the large pattern, termed ‘block,” about twice the size of ordinary paving brick. The portion of the atreet be- ween the bridge over Indlan creek and the intersection of ‘Washington avenue is to be lald with Des Motnes brick for the top course, From appearances the holiday trade fs plcking up at o wonderful rate. ‘One of the usiost places in the city yesterday wes that of the Noveity Clock store, 630 Brond- Last evening the store was packed people taking advantage of the bar- Eains that are to be found there and the clerks were kept on the jump from early in the evening till late at night. In fact it was & veritable bee hive so to speak. A musicalo will be glven under the aus- Pices of Fideltty councll, Royal Arcanum, in ts hall Friday evening, December 14, The foram s being arratged by Willigm L. hickatun and will be of unusual excellance. Among the features will be several vioiin #0los by C. F. Bteckelberg and Miss Nortn- rup, the well known Omaha soprano, will #ing. The complete program wlll be pub- lished later. Al tho conciusion of the rue cale there will be dancing. An admission fee of 2 cents will be charged. All mem- bers of the Roval Arcanum and their friends are invited. \ — N. Y. Plumblog Co., taephone 250, Real Estate Try ern. The following transters were filed yester- day In the abstract, title and loan office ;".'r. W. Squire, 101 Pearl street: ohn Beno and wife to Ada Shew, nelk nely 367644, w, A o ‘hicago, Rock Island & Pacific R road fompany o Claus Molier, ‘sw ., w. d sely 1-70-; v Licy BenJamin Lombard, ‘jr. ind'w to Mra, C. A Wilson, lot« 1 ana 2, block 37, Beers' subdiv, w, q 300 County treasurer to Francis A Cra ston, lot 10, block 1, Snow & Green subdiv., tax d. ........ ¥ 31,000 30 1" Four transfers, total . SAVE §1.50 When you want your next pair of shoes put a five-dollar bill in your pocket and come to our store and we will give you as &ood a pair of sh 8 you ever wore and give you a dollar and half back out of you five. Every pair warranted. HAMILTON'S SHOB STORE. F AI:M LOANS ated in Eastern Nebraska a wa. Jates N sady, Jr. SAVINGS, LOAN 188 Pearl Street, SENTER DEPENDS 0N ALIBI Will Try to Prove He Was at Home When Orime Was Committed. TRIAL OF ALLEGED FORGER UNDER WAY | wed of Borrowing Money on Deed Faces a Jury In the Criminal Co The attorneys for Thomas R, Senter, the Memphis (Mo.) man charged with obtaln Ing $640 from Lougee & Lougee of this ity on a forged deed to a farm in this county, in their opening statement to the jury yesterday outlined their defense, which will be that of an attempt to prove an allbl. They stated that they would be able by several witnessos to prove that Senter was at home in Memphis on the dates on which he i3 allegod to have been in this eity. The impaneling of & jury occupled the greater part of the day and It was not until past 4 o'clock in the afternoon that ! the tntroduction of testimony for the state was commencod. The trial s attracting more than usual interest and the court room was crowded during the afternoon. The first witness placed on the stand | for the state was F. C. Lougee, senlor member of the firm, which claims it was victimized by Senter, who passed here under the name of James L. Palmer. Fol- lowing Lougee former County Recorder W. M, Shepard testified to drawing up a decd and recording the same for a man whom to the best of his beliet he identified Senter being. At the close of Mr. Shepard's testimony F. C. Lougee was re- called to the stand and he was still In the witness chalr when court adjourned for the day. Nature of the Crime. The charge on which Senter is being tried is that of uttering a forged instru- ment, an indictment on this charge having been returned by the recent grand jury. Two years ago an indictment was returned by the grand jury agalnst ‘James L. Palmer,” who is said to be identical with Senter, on the charge of obtalning money under false pretenses. In the early part of October, 1898, a man representing himself to be James L. Palmer called on Lougee & Lougee of this city and showed them what purported to be a warranty deed to 120 acres of land In James township, this county, which he claimed to have purchased from Theodore Cowita, the owner, who resided in Kansas. This deed had been drawn up for Palmer by the then county recorder, W. M. Shep- ard. The deed bore what appeared to be the signatures of Cowitz and his wife and appeared to be properly executed, as it bore what purported to be the seal of a Kansas notary. Palmer on thls deed bor- rowed $640 from Lougee & Lougee and the mortgage was duly recorded. Cowltz had placed the farm in question in the hands of J. Martin of Hancock, this county, to sell for him. Martin saw the no- tice of the alleged sale from Cowitz to Palmer in' the real estate transfers and communicated with Cowltz and from him learned that he had not sold the land Nelther had he ever heard of Palmer. In- vestigation followed and It was learned that the seal of the Kansas notary had been made by a firm in Omaba and that the whole transaction was evidently a fraud from beginning to end. Operations Were Gener: From time to time similar frauds were perpetrated on real estate and loan agents through the state and elsewhere and it was belleved that it was the work of an organized gang. A man giving the name of Burgen, supposed to be A. J. Smith, the partner of James L. Palmer, who victimized Lougee & Lougee, was arrested several months ago while attempting a similar deal, which fell through. He was con- victed a few weeks ago and sent to the penitentlary for seventeen years on two counts. At the time of Burgen's arrest the authorities came in pos fon of in- formation which led to the arrest ot Thomas R. Senter in Memphis, Mo. He was iden- tified by I". C. Lougee as the man who had defrauded him and Senter was brought here. He gave bail on the old charge of obtaining money under false pretenses and was rearrested on a new charge of utter- ing a forged instrument. He then decided it would be useless to give more ball and has been in the county jail since. Since his Incarceration here Senter has been Identified by persons trom Blue Earth, Minn., and Morrison, Ill,, as a man who had defrauded them by means similar to those practiced here. Senter Released on Ball. Senter was released from the county fail Iast night at 11 o'clock on & bond in the sum of $2,800 furnished by Charles R. Han- nan of the First National bank. Judge Green, after approving the bond, issued an order to the cffect that Senter could not be rearrested within the jurisdiction of thig court during the present trial. Sherift Cousins returned last night from Missour!, where he has been serving subpoepaes on witnesses for this case. With him came twenty-two witnesses and more are ex- pected to reach here today. The expenso of bringing these witnesses here is borne by the state on ordér of the court. Howell's Anti-Kawf" cures coughs, colds, Davis sells paint. Funeral of Samuel H The esteem in which the late Samuel Haas, president of the Harle-Haas Drug company, was held in ccmmercial as well 08 soclal circles, was evidenced by the large pumber of business men of this city and other large towns throughout the state who attended the funeral services held yes- terday morning at the family residence on South Sixth street. Rev. T. H. Clelland, D.D, of Duluth, formerly pastor of the First Presbyterlan church of this city, and when you see 35 shoes advertis for 33, and $3 shoes for $27 D it seem reasonable to you? Wer they $ or $3 shoes or is it hum- bug? "If you think it is try SARGEN where there is just one price, and a8 good as can be bought for the money on ecarth. Look for the Bear - that's SARGENT a life-long friend of the deceased, con- ducted the scrvices. The music was ren- dered by Mrs. Sherman and Miss Worley. The room in which the casket reposed w Almost filled with the numerous and beauti- ful floral tributes. The pall bearcrs were Harry C. Haas, Charles L. Maas, Frank 8. Haas, B. W. Hart, C. T. Stewart and H. D. Harle. A long cortege followed the re- MAIns to their last resting place in Fair- view cemctery. PROCEEDINGS OF THE CITY COUNCIL New Pay for City Clerk and Police OMcers is Coming Up. At the meeting of the city councll last night Alderman Boyer introduced an ordl- pance fixing the compensation of clty officers and repealing ordinances govern- ing samo now in force. The new ordinanco ralses the salary of the city clerk from $90 to $100 per month, increases the pay of firemen and policemen from $80 to $65 a month and leaves the remuneration of all other city offcers undisturbed. The ordi- nance under a suspension of the rules was passed to its second reading and was on the point of being passed when Alderman | Huber objected and at his suggestion it was laid over until next meeting for final action The two ordinances creating the office of city electrictan and placing the regulation and control of all electrical construction and operation of electricity in any form with that officer were on motion of Alder- man McDonald taken from the committee of the whole and passed without any oppo- sition. The ordinance regulating the con- struction and operation of electrical appll- ances und defining the duties of the eity electrician applies to all electric current used for {lumination, decoration power and heating and prohibits the use of electricity for these rurposes except In. accordance with the restriction of the ordinance. It also provides for n system of fees for per- mits, The fire and light committee reported through Alderman Lovett that it had held a conference with Manager Nichols of the Council Bluffs Gas and Electric company and that the latter had agreed to a rate of $60.60 per arc light atter April 1, 1901, until such time as the new company would be prepared to enter upon its con- tract with the city to furnish the light- Ing, provided that the present rate of $84 per lamp was not disturbed till then. On the recommendation of the committec the report was accepted and the terms agreed to by the counell. Attorney Fremont Benjamin addressed the councll on behalf of a number of property owners on South Main street with a view to having the money pald in by the motor com- pany for the paving between and one foot outside its second track on that street distributed among the abutting property owners. Mr. Benjamin stated that the motor company had consented to sign any walver o as not to jeopardize the city's rights and so as not to make the property owners llable for the return of the money in the event of the company belng com- pelled to take the track up If it was proven that it had no right to the street. Aldermen Boyer and Brown opposed the granting of the request of the property owners on the grounds that the motor com- pany's right to the street ought to be de- termined first. On being put to a vote a motion to distribute the money atter the company has signed the walver carried, Alderman Boyer, Brown and Huber voting agatst it. The amount pald in by the motor company was $4,999.40. Part of this Willl revert to the city for the intersec- tlon paving. Alderman Boyer urged that before the money be distributed or the company's right to build a second track on Maln street be recognized in any way the company should be compelled to glve subur- ban service called for in the franchise granted the Omaha, Council Bluffs & Su- burban company. The resolution providing for the assess- ment of the cost of the Graham avenue sewer and the curbing lald under the Olsen and Nelson contract were adopted and the clerk fnstructed to lssue the certificates. The same action was taken in the matter of the sidewalks lald under the S. Boiin contract of July, 1898. Several protests were against the assessment of certain side- walks were received, but ignored, as having been filed too late. Bids for the paving with aspbaltum of the following streets were received from the Barber Asphalt company and the Grant Paving company: Sixth street, from Broad- way to Fifth avenue; Seventh street, from Broadway to Fifth avenue; Eighth streot, from Broadway to Elghth avenue; First avenue, from Pearl street to Eighth street. The bid of the Barber company was §: per yard and that of the Grant company $2.31 per yard, bth bids belng on a ten-year guarantee. The bids were referred to the city englneer for tabulation. Tho request of Mrs. Haines, as guardian of Harry Dye, owner of the abutting prop- erty, that the further use of the stand- pipe on Bryant street be refused for street sprinkling purposes, was granted. Keeping Firemen Busy. The fire department was called out about midnight Sunday to the old Allen home- stead at 416 North First stroet, where a blaze bad started In the kitchen and spread to a bedroom above. The kitchen was.en: tirely consumed and the room above badly damaged before the flames were gotten under ccntrol. The cause fs unknown. The family of Willam Shoemaker occupted the house At the same time that the fire was In progress at the Allen house, No. 2 company was called to Twenty-sixth street aud Broadway, where a phaeton belonging to W, T. Seaman which was standing on the sidowalk In front of his repository had been set on fire. An attempt to burn the car- ringe had been made earlier in the night, but the fact was discovered and the flames extinguished, At the second attempt & passerby attempted to quench the flames, but was unable, 60 he notified No. 2 hose company. At noon yesterday the dej called to the Gas company’ tment way plant at Twelfth avenue and Seventh street, where | a leaking barrel of tar containing some 400 gallons had caught on fire and the flames were in danger of spreading to other com- hustiblc matter nearby. After considerable work the blaze was extiguished by means of the chemical engine. The ccmpany at No. 3 engine house, fn resporse to a still alarm at 8 o'clock you- terday afternoon went to Oakland avenue, where a brush plle on fire which had got beyond control, was giving the residents in the vicinity some alarm. It w qQuickly extinguished. " Free. How would a nice new plamo bench or #tool be for a Christmas present? Examine our stock of high grede planos and or- gans. For one week only we will give thres pleces of muslc free with each music ver sold. Bouricius Music ; Broadway; tel. 466, where the organ stands upon the bullding. Gravel roofing. A. H. Read, 641 Broadway. e and the Cormerstone, Member Swaine of the Board of Educ tion has expressed himself as opposed to the determination of the board to have the names of the school directors, In addition to those of the contractor and architects, in- scrihed unon the cornerstome of the new High school bullding. He has notified the board that he will not permit his name to be placed on the stone and has further inti- mated (hat if necessary he wiil resort to in- Junction proceedings to prevent it. The board has not yet decided what to do under the circumstances, but it {s probable that Member Swaine's name will be omitted from the lst of directors on the stone, as requested by him. One of the members has suggested that in the apace left blank by the omlssion of Mi. Swaine's namo the following be in- scribed: “This space left blank by request of School Director Charles Swaine." Q rel Over a Saloon, Under u search warrant issued from the court of Justice Ferrler yesterday after- noon on an fntormation filed by Mrs. Lena Myers, Constable Baird selzed a small stock of liquor at the saloon, 1021 Nroad- way, belonging to the Willow Springs Brewing company of Omaha. The salooa I8 located in the bullding erected by the Bchlitz Brewing company, the title to which aftor several years of litigation passed to Attorney John Lindt of this clty. The seizure of the llquor was a sequel to the trouble between Mrs. Myers and Gus Petersen, agent of the brewing com- pany, on Sunday, when the former had Petersen arrested on an assault and bat- tery charge. The case inst Petersen was dismissed in police court yesterday morning. Paul Myers, husband of Mrs. Lena Myers, up to a few days ago was in charge of the saloon for the Willow Springs Brew- ing eompany and occupled tho rooms over the saloon. The company gave him no- tice to quit. The end of the trouble between Peterson and the Myors family is not yet and At- torney Lindt stated last evening that orim- inal proceedings would be commenced today against Paul Myers in connection with his management of the saloon. He sald that a charge of burglary would be made against Myers, as he had, it is alleged, broken Into tho saloon after it had been taken from his charge and placed under that of Qus Petersen. Smallpox at Wenston Dr. V. L. Treynor of this city, who was called Into consultation by the health au- thoritles at Weston, states that the case of smallpox there is a very bad one. Thy residence of Henry Scott, where Thomas Ttoberts was stopping, has been placed under quarantine and the four schools in the neighborhood have been closed. Re- vival services, which were in progress in Hazel Dell, have been discontinued and the church closed. Roberts, who brought a carload of horses from Alllance, Neb., was visiting among the neighboring furmers selling uis stock after he had been taken sick. Pablle ary Bon The trustees of the Public library held their regular monthly session yesterday. Ordinary routine matters constituted the only business before the board. Mrs. Ho ace Everett, the new member, took her Derthick b ns, The Derthick club has decided to hold in place of its regular musicale Monday uight, December 24, a “watch night” social entertalnment on December 31 to mark the close of the, century. The musical pro- gram will be comamenced later tham usual, after which a nocial session will be held, closing when the clock tolls the midnight hour, marking the close of 1900. At the club's musicole last night the program was under the direction of Mrs. Mullls. ) ol iy W. A. Maurer pald duties amounting to nearly $1,000 yesterday into the customs house upon two carloads of earthenware imported from Germany. Commonwealth 10-cent oigar. lowa Sheriff Gets Two Robbe; GRINNELL, Ta., Dec. 10.—(Special.)— Sherlff Thiesson of Benton county has cap- tured two of a gang of supposed robbers who have been operating in that county in the vicinity of Norway. One of the men 13 in Jail at Vinton, while the other is in a hospital at Cedar Rapids, recovering from Injuries which he received while endeavor- ing to board a moving train in his efforts to escape. Two of the gang managed to escape in this manoer, but the third failed with consequences almost fatal, The fourth was captured before making the at- tempt, Another Chance for Laborers. GRINNELL, Ia., Dec. 10.—(Speclal.)— Engineer-in-Charge A. A. Schenk of the Northwestern at Belle Plaine has recelved intsructions from his company to commence the comstruction of a second track from Maple River to Dennison, a distance of twenty-four miles. This means tho ex. penditure of another million dollars. The material {s already ordered and the pilin, will be driven and the stonework done this winter, Oratory Succeeds Foot Hall, GRINNELL, Ia., Deec. 10.—(Special.)— lowa college has practically concluded ar- rangements for a joint debate with Wagh- burne college at Topeka, Kan. Washburne college oaccuples a place among Kansas scLools slmilar to that occupled by Iowa cellege In Towa. The reports emanating from Des Moines that Iowa college had challenged Drake university for a Joint debate are entirely without foundation of truth. For Beating a Lad with a Pitchfork. GRINNELL, Ia., Dec. 10.—(Special Tel- egram.)—Hans Safe, a teamster at Nevada, has been arrested for an alleged brutal ault upon the person of Orlie Huhm, a boy of 15 years. Safe, it 1s sald, while intoxicated struck the boy over the head with & pltchfork, inflicting dangerous wounds. The boy is in a very serlous con- ditlon, Faneral of a Ploneer. OTTUMWA, Ia., Dec. 10.—(Specal.)—Mrs. Jacob Chilton, who was buried from her home Sunday afternoon, was one of the early settlors of the city and one of the most prominent women in the city, She Was & native of England and was 72 years old. Her husband, three daughters and four sons survive her. Vietim of His Own Gan, CEDAR RAPIDS, la., Dec. 10.—(Special Telegram.)—George Severing of Norway, a 17-year-old boy, while out huntiug Sunday tried to pull a gun through a wire fenc, The weapon was discharged, the load en- tering the right side and resulting in death this morning. Allege Stook Brokerage Frau NEW YORK, Dec. 10.—Chester B. Law. rence, broker: Edward Underhill. his offic messonger, and George H. Wilbert, his clerk and ‘assignee, who were arrosted on November 23, charged with conspiracy and larceny, were rearraigned In police cour: today. The complainant, Mrs. Catharine Ponkendorff, alleges that she deposited $1.00 bond 'with Lawrence and recelved nefther profit nor her bond back. The de- fendants walved examination and were held for the grand jury. The former bond of #,000 for each defendant was continued, Legal Battle for Rich Ore Velin, HELENA, Mont., Dec. 10.—Judge Knowles in the United States court today granted a new trial of the case of E. Rollina Morse against the Montana Ore Purchasing com- pany. The question Involved was (he owh- ership of a rich vein of copper ore In the Michael Davitt mine in Butte, owned vy the plaintift as recelver for the Butte Boston Mlnln' company. The former ver- dict was (n favor of the derendant. The orneys for the Montana Ore Purchasin ny will at once appeal to the Unite clreult court of appeals TITUS DEFESDS AMENDMEN1 Author of the Meature Answers Eome of the Numerous Critioisma, CONTENDS THAT IT IS FULL OF LIFE YET d Are Not Vital and Supreme Court Will So Hold Event the Matter Is Prop- erly Presented. Objections Ra DES MOINES, Dec. 10.—(Speclal.)~The blenntal election amendment, otherwise known as the Titus amendment, will not stay burled even after the critics have killed it two or three times and decently burled it under the blunders of legislators and legislative clerks. Senator Titus of Muscatine, author of the amendment, comes to the front with an exhaustive argument to show that the alloged fatal blunders are not vital at all and that the supreme cour’ can do no other than to hold the amend- ment valld and to declare that it means what fs was Intended to mean. The fate of the amendment hinges on the meaning of the verb ““to enter,” used in the constitution defining the mode of pro- cedure with amendments. Does “entered”’ mean copled in full? s the question tho courls must answer. The crities have ro- lled on a case known as that of Koehler against HIll to sustatn their position that the amendment should have been spread upon the house journal in full. After an claborate citation of authorities and an especially careful analysis of the finding of the court In the case referred to, Sen- ator Titus reaches the conclusion that there is nothing in that e or any other case sufficlent to establish a precedent re- quiring that the will of the people shall be set aside. Language of the Court. The constitution provides that In case ot an amendment being agreed to by a ma- Jority of the members of each of the two houses “‘such proposed amendment shall be entered upon their journals with the yeas and nays taken thereon.” Senator Titus pointa out that in the case of Koehler against Hill, reported in sixtieth Iowa, while the syllabus Indicates that the court decided that the word “entered” meant to copy In full, the language of the court does not necessarily mean this. In the opinfon us written by Justice Seevers are these words: “The evident Intent of the con- stitution 1s that the proposed amendment should be entered at length In the journal or at least so entered as to leave no reason- able doubt to its provisions. Further on in the same opinion the court says When the object intended to be accom- [lished is considered we think that thers s no doubt that It s the design and in- tent of the constitation that a proposed amendment thereto should be so entered on the journals that it can be known, by an examination of the journals, what it is that has been agreed to by each house of the general assembly, which first acts thereon, to the end that the succeeding encral ‘assembly may certainly know what ts predeccssors ald. TLere was a rehearing in this same case and Justice Day, in presenting the opinion of the court, id: “Placing the most liberal construction on the provision of the constitution under consideration of which it I8 susceptible, we think it requires at least that the entries upon the journals hall show the terms of the amendment submitted.” Point Left Undecided. In none of these opinions has it been held by the court, so Senator Titus points cut, that ‘“enterl on the journals ac- tually means to ‘“copy in full.” In com- menting on this very opinion of the Iowa supreme court the editors of the Amer- fcan and English Cyclopedia of Law, sec- ond volume, page 905, In footnotes, state that this point is not decided. Senator Titus gives in full the history of the bi- ennial election amendment and contends that the requirements of the constitution, 88 Interpreted by the supreme court, have been met in full by making an identifying reference in the house journal upon the first passage of the resolution, Senator Titus also quotes from an opin- fon by Justice Brewer, now of the su- preme court of the United States, in a Kapsas case, whereln Brewer holds that the weight of authority upholds the posi- tlon that this requirement of a constitu- tion in reference to ‘“entering” is suf- clently complied with by the entry on the Journal of an identifying reference to the amendment and in an opinion declaring this to be a sufclent compliance with the law the court says: ‘“‘Omissions and er- rors which work no wrongs to substantial rights are to be disregarded. Senator Titus also declares that every lawyer he has submitted this to who has examined the matter carefully agrees with him that the failure to make & full copy of the amendment in the house journal will mot render it invalid. Answers General Critics. Regarding the other alleged defects in the amendment and the work of the critics who are tearing it to pleces Senator Titus declares Some flaw hunter thinks he has discov- ered that the amendment extends the terms of municipal officers and members of school board: his firoposition is almost too ri- diculous to talk about. The amendment has to do with general electlons only and can aftect only office :I}g are chosen when general elections are eld, Another thinks there s a great muddle about members of boards of supervisors. They lose sight of the fact that the amend- ment expressly states that all necessary changes In the statutes are to be made by the general amsembly and that that will be done at the 1902 on preparatory for the election in the fall of 1902, The original resolution read (see Benate Journal, twenty-seventh general assembly, 180): At {ts regular session in the year 1802 the general assembly shall make such changes n the laws governing the election of state officers not herein mentioned as well as all elective, appointive, state, county, Including the ‘office of county at: torney and township officers, as shall be necessary to conform to this amendment.” Senator Titus admits that “the languag: of the amendment might bave been im proved.” He says: “I presume the sen- ate committee on constitutional amend- ments and suffrage will concede that por- tions of the original as introduced by me were not improved upon by changes. And yet I do not admit the amendment has boen botched or that it is at this time absolutely incorrect in any particular. The flaw-hunters are now having a good time, but I am firmly convinced that the sup- preme court will sustain the amendment in all its parts, construlng it in the man- ner intended, as gathered from the whole context.” Towa Mine Operator A meeting of the Jowa Mine Operators assoclation will be held in Des Moines to- morrow. Another effort will be made to et Into the national essoclation and a dele- gation will be sent to Cleveland to attend the uatioral meeting. A year ago the lowa operators were barred out because of the objections made by the Ilinois ope- retors. The Illincls operators were afrald that If Towa was ndmitted the wages In the Illinols mines would be forced up to the lowa scale, which is higher than in Ill- This Is just wkat the lowa operators for that would glve them an ad- vantage over the Illlnols operators In northern lowa and at varlous places wher) they come Into competition. Delegates will also be selected to attend the meeting of the lowa Miners' union at Ottumwa and If the operators do not get recognition in the national assoclation they will sign an Towa scale again, as they did last year. The Towa operators and miners work to- gether In harmony. The operagors’ as- soclation is but a little over a year old, yet It has forced all but one or two mines | into the comtination and (his has been done almost entirely by the action of the miners themselves, kota Actor's Troubles. Ernest Wilkes of Sioux Falls, 8. D, an Actor with the Grace Hayward company, playing in Des Moines, was today teken before the inranity board, charged with being ineane. He had trouble with the manager late Sunday night and they came to blows over a matter of a few cents Which Wilkes wanted to buy him something to eat. The manager had Wilkes arrestes and gent to jail. This morning Wilke frionds had him libersted and he went to the Grand opera house, where the com- pany was having rehearsals. 1iis presence there when the members of the company thought he was in jail produced a pan and the nanager had him arrested again Wilkes does not appear to be out of his mind, but says that he has not pay and that the trouble over paying him. Wilkes has been with the comjany all season. He 18 of excel- lent family, his mother being a prominent preacher of the Bvangellst church in Sious Falls and kis father betng the present pro bate judge in Minnehaha county. His brother, Puul Tupper Wilkes, has also heen on tho stage and was with the Henry Irving company cne year. Ernest Wilke was a member of Grigsby's Rough Rider regiment and went to Chattanooga from Sloux Falls with that regiment. His mother came on today and will take him homo with her, Asricultural Convention, The meeting of the State Farmers' fn- stitute and agricultural conven’fon com menced In the rooms of the agricultural department In the sta pitol this even- ing. President Johnson of Humboldt opened the convention and papers were read by a number of promincat agriculturists on farm topics. The finance committee of the soclety met this morning to audit accounts. The convention will continue for three days. Among the papers this evening were the following: “Forestry as u Natlonal Problem,” Prof. L. H. Pammell, lowa State college; “Arrangement of Home Grounds, Frank O. Harrington, York Center; “The Farm Orchard,” M. J. Graham, Adel; “Ar- rangement of Farm Bulldings,” . F. Cros Shenandoah; “Ornamentation of State Fair Grounds,” M. J. Wragg, Waukee, About 100 leading farmers and horticulturists of the state are present and it Is expected the number will be doubled tomorrow. The Xerxes Gol Mining company of Council Blufts, which became duly incor- porated today by filing its articles with the secretary of state, sets forth that its shares are 1 cent each and there are to be 1,500,000 of the shares issued. The incorporators are: Willlam Sargeant, Harry L. West, Henry R. Wray, C. E. Titus and Raymond Sargeant of Colorado Springs. The C. E. Hathaway Produce corapany of Lorimor, In, with a capital of $15,000, was also Incorporated Suspicions Death. The friends and relatives of Otto Schut- tler, who was recently found dead in a botel in Des Moines, are not convinced that ha came to hls death by accident or sul- cide. The body was sent to Fort Dodge and buried, but friends have had the body exhumed and the stomach subjected to examination to dlscover traces of polson It was sald that he committed suicide by turning on the gas. The real contention is over a policy of insurance in the Wood- men for $2,000, payable to his father. It was supposed that he had had the polley made payable to his young wife, but the father claims that: the policy was made to him to secure a loan, and he clalms the money, Secretary A. L. Tullls of the Fidelity In- surance company, an option on the pur- chase of which, beld by J. B. Emminger of Council Bluffs, excited some friction when Mr. Emminger falled to take over the company two or three days ago, gave out a statement for publication yesterday that the deal having fallen through would not be revised. Mr, Emminger, accom- panied by an attorney from Omaha, called on a number of local bankers yesterday seeking to secure enough money on a loan to make the payment agreed upon to Dr. Cooper, president of the Fidelity. He fatled In hls purpose and the negotiations for the purchase of the company's business I8 considered closed. — Estate of Late Judge Hilton, NEW YORK, Dec. 10.—-Charles Lexow, as appraiser, has reported to the surrogate that the value of the personal property of the late Henry Hilton {s worth 81,495,626, from which deductions aggregating 384815 are to be made, leaving the avallable es- tate valued at $648,388. e ——————— Should Know THE Secret of * Nervous Women There is a world of comfort and vure in these little powders. Thou- sands of women the world over testify to their accuracy for “tired nerves,” oxt 0 food “* ‘Orangeine’, fu a necy lla’ Badger, d clothes, " writes Deuison, Texas. Py Gibson, Selem, Oblo. gonerally In 25 and 500 pael A trial packago will be sent to &85 address for cent stamp. ORANGEINE CREMICAL CO., . ity ra. it Chicago, ” Do you want something | | “ ments, only $6.50. | | elegant for a Christmas present? If you do see our line of Sllverine dust Herman M. Leffert Jeweler, Opticlan and Engraver, 236 BROADWAY, Council Bluffs, Pproof case Watches, with Elgin or Waltham move- Dr. Kay's Utioure cures ali utlcur Tomaie. diseases. AL drig- wists, 1 Tlustrated book and advice froc e 1T, Saratoxe, N. had his | was entirely | SYRUR-FiGs Acts Hessantly and Fomptly: Cleanses the System Gently and Effectually when bilious or costive. fiv.re/ru in the mast acceptable form the laxative principles aff/anl.r &nown o actmost beneficinlly: TO GET ITS BENEFICIAL EFFECTS BUY THE GENUINE — MANFD. BY CALIFORNIA FIG SYRUPCO. SAN FRANCISCO, CAL. LOUISVILLE , KY NEW YORK, N.Y. For sale by drvppisrs = price S0¢ per borrle, ing season for one's complex- fon. Its winds and cha freckle, redden; make f v @ erup- tions, pimpes, ible re- sult in earin, I canse for the wonderfu In-Skin Cream an Prosei tollet articles belong on ble. Prepared for people vrl‘v-llllc the best Powder respectfully sollelt your tejal, Cost but %c. The Boston Store Drug Depart- ment, Twenty Years Ago Perhaps vou'd like to take back that watch that you bought at a “bargain It hasn't turned out to be what you pald your money for. But' the dealer wldn't give you a gunrantee. nd he has gone out of businens, our money i gone, the denler fs £one, and the watch won't go. It you had bought one of our watches TWENTY YEARS AGO you would have recelved a guarantee, And you would have four tn at any time ready to make anyt right that was not. M. WOLLMAN Practical Jeweler and Belentific Optician. 408 Brondway, Council Blufrs, Bartel & Muller 100 BROADWAY —Tel. 359 We sell groceries--good groceries that are fresh. We get all your orders there on time. Did you ever try us? You haven' ‘Well, just leave your order at our store and sce what we'll do with it. Our prices—well, there isn't anybody that undersells us. You can get good country butter at our store at 23c. Genterville Coal And coal from the best mines in the countri, Also hard conl and wood. Promt delivery is our motto, TransferLine Between Council Bluffs and Omaha. Couwncil Bluffs Offied, N st Telephone 128, aha Oflic i1 South 12th lephone 1308, Connection made with Sonth Omaha Transfer. ~ WILLIAM WELCH, Stock Ranch for Sale About 8 mlles north of Councll Bluffs, 11 miles from Bouth Omaha ana 11y miles from raflrcad switch. About 101 acred, 8 acres cultlvated, “includ hay meadow frufte; 8% acrew in timber, set Lo b atlve grasses: six-ro)m houge, b stock shed ', chicken house and engine house: never ‘falllng witor power gasoline enging 1o Sk rewervolr, te house, ba 1 lot, hog pastire and thr clos: ures; all fenced by 3 barb wi L. P, JUDSON, 929 6th Ave: Council Bluffs, la, Tel, 348 $ Noith Main Street, Cole’s Christmas Presents For Boys. KODAKS, KNIVES, GOOD TOOL SETS, $3.60 UP, KODAK SLEDS, SKATES, CAMERAS, COLUMBIA 1901 BICYCLESPH( B CLE LAMPS, CYCLOMETERS, AIR GU SHOT GUN BROWNIE CAMERAS, $1. SAUCERS and PLATES, RAZORS, HUNTER'S SUPPLIES, YCLE $19.50, For Parents. KNIVES, BUCK'S STEEL RANGE, FAVORITE BASEBI RNER CARVING SE § WARL, RNATION AL LE'S HOT CARPET §W 1,000 salesmen’s sample Pocket Knives at great reduction, Going fast. Mail orders received and executed promptly, COLE & COLE, 41 Main Street, Council Bluffs, Ia.