Omaha Daily Bee Newspaper, February 15, 1901, Page 3

ANOTHER OFFICE 1S DEAD| Portion of Btate Weighmaster Has No Longer Legal Existence. ‘ i | OPINION OF ATTORNEY GENERAL PROUT | Christian science in Law Carried the Minor Affair Down Also. LINCOLN, Feb 14.—(Special.)— Attorney General Prout today gave an opinion In| which he heid that the office of state weigh- master and his assistants bave no legal | existence. This opinion is based upon the decision of the supreme court, which de- ciared the Board of Transportation act un- constitutional. He holds that according to | the statutes the weighmaster can be ap- pointed- only by the transportation board, and as there is no board thers cannot, therefore, be any weighmaster. The weigh- master in turn appoints his assistants and the eaime construction la placed upon their | offices Willlam Mach of Omaha recently nanted by Governmor Dietrich for the posi- tion of weighmaster, but since the opimion | was rendered today the appointment has been withdrawn. Attorney General Prout holds 1 have received your recent letter i forming me That there lg & state weigh- master located at Omaha, with assistants | &t other places, and In this connection Fubmit the following questions 1. Are the present acting weighmaster | and’ adsintants ‘legally Holding their reapec- s o : t the present time a tate portation which is qualified 1o appoint & stats welghmaster and assis ants? ‘4 Tt thers {s no such board | authority under the law for the appol ment of a state welghmaster and ants? If o, who The legislaturs o nd regulate jousing. Lssi. the appointing power?”" 1891 passed “An act to ‘-\ blic warehouses, and Ipping, welghing and inspaction of grain.” Bee session laws of 1891, pp. 363-383. Section 1, page 2392, of this act is as follows: ““That there shall be ap- inted by the State Board of Traneport tion In all citles where there is state | - | spection of grain a stats welghmaster and such assistance as shall be necessary | Law Was Plain. | The appolntment of stats weighmaster And assistants was no dowbt made under tha foregoing provision by the Board of Traneportation. The section quoted from | the warehouss act of 1861 part of a law | “defining additional duties of the Board | of Transportation in counties with publlc lur-hm!n!' and is one of the sections onferring such additional dutles upon that board The Fight of tha welghmaater and assistants to hold d exercise their offices therefore depends upon thelr ap- | pointment by the Board of Transportation | under the added powers conferred by lhn} act of 1891, When that act was passed the Bourd of Transportation depended for {ts ’ll-lonrc upon C"lfllpl!r Ix, Session Laws of 7. The valldity of the act creating the fl'llh Board of Transportation was before the supreme court in the State against Missouri River Rallroad Company It {8 clear from the decisions of the su- preme court that the State Board of Trans. portation had no legal existence in 18] when the legislature attempted to confer | upon that beard addftional powers, among which was authority to appoint a weigh master and assistants. There belng no such board. and the act of 181 not purport- Ing to create one, that portion of the stat- ating to added powers of the board was necesearily ineffectual The whole chapter Ix, Session Laws of | 187, creating the State Board of Transpor- tatfon. being void, it did not repeal chapter Ixv, Sessfon Laws of 188, providing for & board of rafiroad commissioners. and the valldity of the act of 185 was not impaired | vold act attempting to repeal It ¢ relating to such attempted np-l-] stated thus: “Where a repeal o ,nrlrr laws is inserted in an act in order Iq sure the unobstructed operation of such act, and it & held unconstitutic the In- cidental provision for the repeal of prior | Iaws will fall with jt.” «Sutheriand on Statutary Comstruetion.’ saction 175; Quin- | iand against Rodgers, 12 Mich., 168 | Law of 1883 is in Force. Tha act of 18% creating a board of rafl road commissioners it valld was in fo when the law of 181 clothing the Board Transportation with new powers was enacted. In the two acts the names of t boards were different. Under the act 186 the board conslsts of three members The Iaw of 187 provided for a board of fAve members, and the powers of the two boards differ in many respects. 1 am satisfled that these new powers did not fall to the Board of Railrond Commissioners as created by the act of 1885 In my view of the law your should be answered as follows 1. The present acting welghmaster and assistants are not legally holding thetr re- spective offices 2 There is not at the present time a state board of transportation which is qualified to appoint a state welghmaster | and assistants | | questions 3. There f& no board with authority to ap- point such officers 4 There being no office of state welgh- | master there can be no officer with power | 1o appoint one. Free Labor Senator Liddell of Douglas county intro- duced a bill in the sepate today the object of which s to establish a free ,public em- ployment office in metropolitan cities, and to provide for the appointment of & labor | commissioner, and for licensing and bond- ing labor employment agencies. The bill provides for the appointment by the mayor | of a labor agent to take, charge at & salary of $100 per month fo manage the free burean. All other labor agencies are re- quired to pay a licenss of $300 annually and give bond In the sum of $10,000. Senator Currie has a bill which provides that graduates from all accredited colleges of Nebraska shall be entitled to state certificates the same as those who are graduated from the State university and | State Normal schools. A bill amending the | Cancer until cancep =i - polluted and the system thoroughly con- taminated by this deadly virulent poison. Then & sore or ulcer appears on some | art of the body; it may be small and | armless looking at first, but as the can- cerous cells form and are deposited by the blood near the sore, it increases in size and severity, with sharp shooting pains. No matter how often the sore is removed by the surgeon’s knife or flesh destroyi infi plasters, another comes and is worse. he real disease is in the blood, and the treatment must begin there, The poisoned blood must be invigorated and purified, and when this is done cancerous cells can no longer form and the sore will heal naturally and permanently. Mrs. Sarah M. Keesling, g4 Windsor Ave., Bristol enu. writes: 1 am ai vears old, and for three vears had suffered with 4 i severe form of Cancer on my jaw, which the doctors said was incurable and | that T could not live more thansix months. Iaccept. ed their statement as true. a0d had given up all hope of ever being well agai when my & ing of myco: mended . 5. 8. Aftertak few hlllh the sore | 10 the surprise of the physicians, mployment Office, There are never any ex- ternal signs of oding h.or\;lmendelmwz:e«;‘rdtfllmv‘v Felreahing-—in fact at ¢ajoying perfect heaith. overcomes this de- | S structive poison and | removes every vestige | of it from the system, makes new, rich blood, strengthens the body and builds up the general health. 1f you have a suspicious sore, or have in- berited any blood taint, send for our free book on Cuur and write to our medical department for any information or advice wanted ; we make no for this ser- vice. Your letter will receivs careful attention, and will E held in strictest confidence. THE SWIFT SPECIFIC CO., ATLANTA, GA. ~ | further, | from his home this afternoon | wheel | Chestnut of Kandas City, | the foundation of our | recommendation of | Guy | for a tew a | an armory | Telegram.)—Ava L. | Deadwood for stesl | the postofice at PleAmont, | taken before Judge Carland of school law, by Senator Weber, provides that teachers shall be employed by the in coming instead of the outgoing board, and that no relative of any member of the school board shall be employed as teacher by that board The meeting of ihe senate committee on medical socleties, which was called for last | night for the purpose of considering bills before it, was postponed until next Monday portant bills before it provide ful practice of osteopathy and ebraska paths bave had a strong lobby the session opened and will make an est effort to have their bill fi rn vorably | recommended, while the physicians of the state are just as determined that the bill| | shall not become a law The senate committee on labor met this morning to consider a bill which provides for state examiners of stationary engineers A large delegation of s were present from all parts of the state and urged the passage of the bill, hut only & part of the committee was presen no action was taken FUNERAL OF JUDGE MAXWELL People from Many Places Flock to Fremont to Ho the Dead Juris FREMONT, Neb, gram.) Feb, 14.—~(Bpeclal Tele- be funeral of Judge Mazwell wa Many attor- neys and old acquaintances of the family from out of town were present. The heavy black casket containing the body was sur- rounded by elaborate floral designs conspicuous of which was a large broken from the Dodge county bar bymn, “My Days Are Gliding Swiftly was sung by Messrs. C M. Baldwin, Mrs. Shaw and Miss Para Love. Prayer was offered by Pev. N a former pastor By of the deceased Rev. W. H. Bush of the Congregational church, delivered an eloguent eulogy. The secret of his success, he said, was Intense Industry, unswerving fidelity to duty and his Christian statesmanship. the Judge’s success as a lawyer, congressman and as a writer of law books which are everywhere accepted as a stan- dard, not confined to his state. He also referred in glowing terms to his career In laying constitutional, leg- Islative end judicial enactments, which bave appeared in the territorial columns of our metropolitan dailies, and which have made him one of the most prominent men in the history of the state. Mr. Chest spoke of his Christian bountles He emphasized his exemplary conduct and edhesion to the ranks af Christlanity, which shows by deeds more than by words the depth and sincerity of his conviction He also spoke of the veneration and affection in which the judge was held by all who knew him. In closing he read a few ex tracts from a letter written him by the judge February 2, in which he wrote of his abiding faith in God's guidance and protec- tiop. The bymn, he chotr “Comfort Me™ was sung by The closing prayer was by Rev. Chestnutt. An opportunity was given to lew the body and as the large crowd of people, which filled all the rooms downstairs and the fromt porches, slowly flled through | the darkened parlor where rested all that remained of him they delighted to honor the eves of many were suffused with tears. The body will be taken to Plattsmouth tomorrow morning for burial. The bearers are: C. M Williams, F. W. Vaugho, F. W. Button, & K. Dame, A. H. Briggs and . S. Sidoer. Faith in Captal Dorringto: CRAWFORD, Neb., Feb. 14.—(Spectal )— General rejoicing over the western part of the state is manifesting itself over the | Senator Thureton ef Captain L. A. Dorrington for appointment in the regular army. Dorrington ern Nebraska, and since the declaration of war with Spain has been in continuous service among the volunteers. His record as a soldier is reported as second to nore during the occupation of the Philippines, and Senator Thurston has acknowledged his worth and pleased all his friends fn this pary of Nebraska. Everybody is Al Dor rington's friend and all belleve he will make one of the best military men in the army. Brave, manly, temperate and edu | cated, with all his firmness he has a heart in his breast as big as Crow Butte. People | bere feel that the army should be made up of just such men Court in Session at Dakota City. DAKOTA CITY, Neb., Feb —The epring Dakota county term of district court for is mow In progress, Judge T\ Graves presiding. The case of the state of Nebraska against James C Riddle and James Flynn, charged jointly with the illégal sale of liquors at Crystal Lake, resulted in Riddle being acquitted and Flynn belng found guiity. William Leach, a Covingtonite, also accused of fllegal sale of liquors, was declared not guilty Nebraska and Nebraskan Lynch expects to erect a brick school buliding to accommodate its growing schooi | population Gage county farmers are losing a lary of hogs from some nnknown e e farmer losing his entire herd complains of a scarcity of awell- g g T large number are ex- pected to be erected during the coming seu~ son cting nany 2d 1o vival and already conversions have resulted. Thev | keep it up until all the unregenerate are | brought in or take to the sand hills During January the grass started on the o tn many places in the western part of the state: Tt is new buried upder a hice Dlanket of &now. bt pas a ®ood start for spring, when the weather concludes to warm up again A report that the North Platte women contemplated “‘Nationizing'' some f the saloons of that place caused consternation recently. It develops that hey only decided to see that the Sunda. losing law was enforced Company K of the National Guard at lumbus recently purchased a bulldiug Being a few hundred d. #hy the members gave an & atrical performance to raise the fun | large uudience finally escaped or ment of 50 cents each Dr. Love of Wilber wer and ‘when he returned bullt a fire in cook stove. He forgot all about the s connections, But soon kad occasior member them. One of the stove lids has been recovered and a few days' work b. carpenters, painters and glaziers will make the house as good W A number of farmers who formeriy near Clarkson moved to Wisco: of vear and purchased | which the pine timber had been ¢ found grubbing out pine stumps a more laborlous task than breaking braska prairie and a majority of them tend to return to Nebras lowa Man for Theft of Mail. SIOUX FALLS, 8. D.. Feb. 1.—( Towne of ( Bluffs, Ta., who was indicted by the United States grand jury session at sack from wa al recer g a mail 8. D. the United States court and pleaded not ty. In de- fault of bonds he was placed in tne county Jall until the April term of federal court A-Sherifl Arreated. PIERR D.. Feb. 14.—(Special Tele- gram.)—Ever since the Blassingame case it Fort Plerre there have been Intimations of other cases in the same iine. This morning W. P Oskes, an ex-sheriff of Stanley county, was arrested on & warrant charg- ing him with horse rustling. He was given a preliminary hearing and placed under bond for his appearance In court © “I was in bed five weeks with the grip— Tves shattered, stomach and liver badly deranged. Was cured with Dr. Miles' Nerv- ioe and Nerve and Liver Pills."—D, C. The osteo- | here sigce | tionary engineers | mont | The | ‘| Rhea and M. Willlams and He spoke of | a judge, a| and have won for him a reputation | is the | only soldier in the Philippines from west- | 14.—(Special.) | neii was today | THE OMAHA DAILY SHOT TH.T KILLED ZAHN | Four Witneeses Declaro They Saw Rbea Aim | Revolver at Him, | ONE-ARMED MAN IMPRESSES JURY With an Easy Smile and a Drawling Vo ohn Kemnitz Reports the Dramatic Eloquence of Attor- ney for the Defense. FREMONT, Neb, Feb. 14.—(Special.) In the Rhea der case' today four wits | nNesscs swore that they the defendant | aim his revolver and the shot that} killed Herman Zabn. Each was subjected 10 & severe cross-examination by Mr. Gray jor Mr. Maynard, which has only strength- [eaed the case for the state. The evidence | €0 far fails to show that Darrell had much | to do with the affair. | Fred Koeppen, bartender, testified that | he heard some talking in front of the sa- | loon. Orley and Albert Schneider came In, | closely followed by Gardner and Rhea. He sald, “Rhea pushed his gun in my face and | | 1 dropped down behind the bar. Then 1| heard the foul words, and a shot fired. 1 | got and saw Herman just falling. Rhea | came around behind the bar and I skipped | out the back way. There was between $70 | {and 380 taken from e safe. On cross-examination he testified that | Zabn was sitting at a table on the north | side of the room when the men came in. | Gardner stood in front of the bar, side by si He did not see the stot fired. Both men had revolvers. Zahn pressed his hands to side as he fell | and lay five feet from the door, with his | head to the east. | | promised not to shoot BEE: FRIDAY, FEBRUARY 15, 1901 |TELLS OF FINDING THE BODY' Will Groat Testifies at Broken Bow That Fallhart Always Carrled a Weapon BROKEN BOW, Neb., Feb Telegram.)—Eight more witnes the stand for the state in the art mur der case today. which is just half the pum ber subpoenaed in behalf of the prosecu- tion The principal witnesses were Will Groat, a ranchman living near the Fullhart ranch at the time of the tragedy, and Sheriff Armstrong Groat is the last one to bave seen Fullhart alive, and the first to bave found him dead. He testified to having been at the home of the November 15 after bis dog. Oxley was stretching wire on‘the posts and Fullbart was forty rods distant watering his stock When he found the body November 24 he was but a short distance from where Oxley was stretching the wire on the 15th forty rods of posts had been set and two rods more wire stretched 14— (8pecial He testified that Fullhart always carried | a weapon. He and Fullbart bad trouble last August and Fullhart pulled his revolver on him and he overpowered him and took it away from him and kept it umtil he Fullhart had the same revolver with him the last day Groat saw him. He told of going with the neigh- bors to identify the cattle Oxley had sold at the Tierney ranch and those he left at the Gamble ranch Sherift Armstrong’s evidence gave in de- tall bis examination of the body, which he secured §7 bouse where he found three or four guns and a sword He testified that two tracks accompanied the sled out to where the fence was being built and told of tracking Oxley from Ar- nold, by the way of Gothenburg, to Omaha and Loufsville, where he captured him. He stated that a few days after Oxley's arrest | he told him he would soon be able to clear Leaps Through Window. | John Schwanka saw defendant and Gard | ner outside. When Gardner and Rhea ame in he was standing in front of the bar talking with Koeppen. As soon as he | saw the guns puiled aulted over the | bar and stood on the back side of it and saw the fatal shot fired. He then dropped down behind the bar. Rhea came around called him a vile name and told him to “Git!” He jumped right through the win- dow, landing flat on the sidewalk the instant he struck the planks Gardner grabbed him by the collar, shoved a re- volver against his head, marched him back into the saloon and seated him in & chair near the stove. He left him there with bis hands up and Rhea came over and struck him on the head with the butt of his revolver. On cross-examination he said that he passed the three strangers on | the walk in front of the saloon and heard | no angry words or loud talking whatever Zahn got up from the table when the men picked up his chair, but quickly set it down | and took a step or two toward the men, at the same time saying: ‘“Boys, don't- At that instant, with a word still on his lips, he was struck by the bullet from Rhea's revolver and fell to the floor. He denled having bad mny trouble with any of the three men earlier in the afternoon or of hearing of any trouble between them and the Schneider boys. Schwanka is a man weighing over 200 and the saloon win- dow was well smashed when he jumped | through it Mild-Spoken Man's Telling Evidence. | John Kemnitz, a mild-spoken one-armed | man, was the mext witness. He was stand- | | 188 near the stove when be saw Rhea and | | Gardner come in and heard the order, | “Hands up.” He didn't comply, because physically unable to do so. He, too, saw the fatal shot fired and corroborated the | testimony of Schwanka as to the actions |of Zaba. He-was gross-exmustuet Tor-westy | an hour by Mr. Gray way to bréak the force of his testimony, which appeared to have had great weight with the jury. He was asked in regard | | to the location of the furniture in the sa- | loon and all the movements of the men. He denled having heard any quarrel between the Schneider men and the strangers Mr. Gray became much excited and, | grasping & chair by the side and back raising it in the air and taking & step toward the witness, he asked in a loud, high-pitched, excited voice Didn't Zahn jgrab that chair this and start for Rhea No, st came the answer, In slow | mila tones, accompanied by a smile on the {witness' face. | “And if any man,” Mr. Gray continued with the chair still in the air, “‘comes in bere and testifies he is testy'y! | what ain't £0? Do you swear to that? m Smile Grows Broader. | “Yes. sir." was the answer, in the same tone, and with the smile a little broader John Kemnitz was playing cards with Zahn and t others. His testimony was the same as that of the others. On cross- | examination by Mr. Maynard he got a little | confused about the location of the bles, |stove and bar in the saloon, but adhered to the main He was evidently excited the night of the shooting that he did not know exactly vhere things were. At 2:30 court adjourned to 4:20 to attend the funeral of Judge Maxwell W. A. Schwichtenberger was the first wit- ness called after adjournment. When he { heard the first shot he came out on the | street and looked into the window of Zahn's place and saw the men there with their hands above their heads Rhea was just golug around back of bar. He went into | bis berber shop and got two revolvers apd also gop some cartridges from % hardware store, and coming back to the back door of the saloon, which he found open, he looked in. He saw Rhea behind the bar and Gard- ner walking up and down In front. Rhea w ng to smash the cash register with his revolver. cts. Schwichtenberger Sho. Witness emptied without effect the back door ap le fendant: “Come on. Bill at the came moment f witness, who was turned the fire one jardner revolver then came ot now's ¥ & directly at the | a forty feet away 15 s ear and he re Gardper dropped to his knees and, taking deliberate aim, fired at the witness several times without effect The next time he saw Gardner was at Crow ell, when he was While firing at Rhea the witness stood about twenty feet from the open back door and rested his gun n outhouse -examination Mr. Gray tried that the witness could not have | from where he but the ted be could see him plainly t the cash register. On re-direct be said he saw the three men | aum'’s saloon between 2 and 2 th shooting; that Gasdner had | a rather swaggering appearance and told a | man sitting at the stove that he (Gardper) was & bad man. Chris Hoelke was one of the four playing cards with Zahn. After Zahn was shot the two men made him sit down on | the floor by the pool table with his leg: | stretched out flat. The bal e of his testi- | | nder a On er make out Rhea to ste mony was substantially the same as that | of Kemnitz, who was at the same table with,him. He also said thet Rhea took | zabn's watch while he lay on the floor. On cross-examination by Mr. Maynard he | was not so sure about the watch and was | unable to give the location of the tables and | chairs in the saloon. Like all the other witnesses so far he emphatically denied that there was any trouble or quarrel between | | the three stmingers and any of the Snyder | people before the shooting, aud was -l [tbat it Orley and August Schoeider had | | bad a quarrel with Gardner and Rbea in | front of Zabu's place ke would bave kuowa | it | JURY who tried in every |} | cause { will put on its first | able | Bismarck | ranted and the law the matter up as his brother, George, and one of the Parks boys had gone to Merna to telegraph Charles C. Crawford, from whom he had bought the cattie, to meet them at Anselmo. There is said to be mo such ranchman in that part ef the coun- try. T ng the Cattle, James Judge, foreman of the ranch and the man who bought four head of the Fullbart cattle of Oxley, told of trail- ing the cattle back from his ranch to within a mile of the Fullhart ranch. He was as sisted by H. B. Andrews of Anselmo and B E. Kellenberger of Merna. Kellenberger corroborated his evidence. Louis Filley, an old man who lives within three miles of the Fullhart ranch, testified to seeing 1wo of the cattle left at Gam- ble's at Fullbart's place November 15. As this was but four days before they were taken to Gamble's ranch it indicates that the old man was killed between the 15th and 18th B. A. EMer of Anselmo tol a real estate man by the name of Barnes to the vieinity of Fullhart's November 22 the Thursday before the body was found on Saturday. They drove to the Fullhart house, but he was not there, but they saw a dog and & horse half & mile away, where the body was found later. Groat accom- panied them to the land, from where they could see the dog &nd horse, but 4id not €0 on with them to the Fullbart house. The friends of Oxley from Arnold, who are attending the trial In great numbers, still persist that Oxley is not gullty of the of driving murder, but do not intimate what the de- | fense will be, except to say Oxley bought the cattle. J. B. Seidler and brother of Cuba, Kan., who are half-brothers of the deceased, are attending the trial. IN GENTLEMAN CASE One Hundred and Fifty ed Before Twelve Are Chosen. COLUMBUS, Neb., Feb. 14.—(Spectal Tel- egram.)—At 6:10 this evening a jury was secured in the Gentleman murder case All day the sheriff and deputies had been scouring the hedges and highways for tale men, and with few exceptions they had been excused for cause. Including the regular pael, over 130 men were examined before the twelve good men and true were chosen. As soon as the last challenge had beem exhausted and the next juror passed for they were duly sworn and paneled and then court adjourned until 9 o'clock tomorrow morning, when the state witnesses. The state has something over thirty the defense even more, and it is not prob- that jury before Tuesday Following is the jury: Nicholas Adamy. farmer, German, Sherman township; Otto <ahlwell, farmer, German, Grand Frairie; Charles S. Easton, merchant, American, Columbus; William tarmer, American, Columbus Asche, mer- chant, German, Columbus; H. C. Newman, merchant, American, Columbus; Jay Ste- vens, liveryman, American, Columbus; Otto Meuller, farmer, German, Shell Creek; John Schram, farmer, German, Columbus; Rob- ert Herschbrunper, laborer, German, Co- lumbus; Joseph Henggler, farmer, German Frank Morse, painter, can, Columbus The court room was crowded all day £nd standing room was at a premium. Many vomen were present. It was noticeable again today the large number of jurors | who swore they could not return the death penalty, even though the evidence war- instructed it There is no change in the demeanor of Gentle- man. He looks about him but little and when not comsulting with his attorneys seems o pay etrict attention to what Is going on, yet tries to conceal himself from view as much as possible. What defense will be offered in his behalf is not knows, but it is freely intimated that it will be a plea of emotional insanity “My stemach was aftected by grip and 1 could eat notning but crackers and milk ! began taking Dr. Miles’ Nervine and Pain Pills and the trouble disappeared I. Lindsey, Mcntrose, Minn Injured in Coasting Accident LAFAYETTE. Ind.. Feb. 14.—A coasting accident occurred here last in whick many were injured. A filled with coasters ran into a tree. Tt most seriously injured are: Oliver Martin internal injuries, Edward Martin. leg broken: Mrs. Frank Snyder, ankle sprained Robért Hamilton, bruised; Miss Sina Haller re chest N s were on ' deceased | About | Tierney | Andrews and | em- | witnesses and | the case can be given to the | Ameri- | UNCLE SAM MAY GET THEM Eale of Danish Wolt lndul an Immed: o | Possibility. RIGSDAG IS TIRED OF APPROPRIATING Would Prefer to Re- | 1wy tever Seem Beat? COPE important de- velopments in regard the sale of th Danish West Indles are expected shor It is sald in well {nformed circles that the forelgn office is unable tc send a definiie and favorable reply to the United States King Christian, it is understood, gave as- | | surances ihat while he preferred the islands | to remain Danish, if the circumstances could be improved, he would do nothing to prevent their transfer. The Rigsdag has apparently concluded that enough expenditures have already been made for the West Indies, #0 it is un willing to give the further -nprnpn.u..n- necessary to retain them FOR BUILDING DEFICIENCY ‘ So Dakota Legi tors Prepare to y Billa W™ h Predecess Have Ace . from | and the search of the PIERRE, 8 D, Feb. 14.—(Bpecial Teie- gram.)—Neither house did much business today, as they were all prepared for their holiday, which Is to last unt!l Tuesday In the house bills were introduced to ap propriate $45,000 for building and fuel de ficlency, providing for resurvey of tc ships and for meeting the expense of the same. The house judiclary committee re- ported favorably on the senate negotiable instrument bili and while it may pass the house the chances are considered against 1t. Willmarth called up the Ninth judicial cireult bill and it on!y falled by one vote, securing 57, while another was needed for | the required two-thirds. He secured an- other reconsideration and It is again a spe clal order for Thursday. The house passed the senate bill In regard to the manu ture, sale and use of alrguns and cannon crackers, only five members voting against the bill. which had a rocky road in senate and goes back amended. It prohibits crackers of more than three inches in length, but puts no limit on the diameter The menate transacted nothing except the consideration of committee reports and the adoption of a resolution memorializing col gress to increase the annual amount al-| lowed for each pupil in the Indian schools | One of the witnesses notified to appear be- fore the investigating committe: made his Appearance this morning and al!l will now be subpoenaed in regular form. The wit- | neases notified were ex-Governor Lee, | Public Examiner Taylor and Private Secr. tary Ayres. The testimony required from them fs to sustain the charges made in the reports and in the message of Lee the tim Dies. PIERRE, & D, Feb. 14 —(Special Tele- gram.)—Ulrika Hegglund, victim of a gaso- line explosion, died at the hospital from the effects of her injuries. —_— W. L. Yaocy, Paducah, Ky., writes: *] had a severe case of kidney disease and three of the best physicians in southern Kentucky treated me without success. 1 was itduced to try Fole: Kidney Cure. The first bottle gave immediate relief and three bottles cured me permanently. I gladly recommend this wonderful remedy. Myers-Dillon Drug Co., Omaha; Dillon's drug store, South Omaha. SNOW AND COLDER IS THE TIP | Weather Man W Nebraska and | South Dakota to Prepare for | | a Wintry Day. WASHINGTON, Feb. Friday and Saturday For Nebraska, North and South Dakota— | Snow and colder Friday; Saturday falr northwesterly winds. For lowa—Rain or snow Friday; Saturday fair in western, clearing in eastern portion; | corder; southeasterly winds For Missouri—Rain or snow in northwest, | fair in southeast portion Friday; Saturday | rain or snow and colder; southeasterly | winds For Kansas—Generally falr Friday, ex- cept snow and colder in northern portion: Saturday fair in northern, rain or snow and | colder in southern portion; northerly winds. For Wyoming and Montana—Snow and much colder Friday: Saturday fair; porth- | erly winds 14.—Forecast for Local Record. OFFICE OF THE WEATHER BUREAU, | OMAHA, Feb, 14.—Official record of temper- ature and precipitation compared with the corresponding day of the last three years 1901, 4900, 189 86 4 Mazimum temperature 82 2 16 Mintmum temperature 2 Mean temperature 24 Precipitation 0 .25 Record of temperature and precipitation | at Omaha for this day and stnce March 1, ! Normal temperature Excess for the day Total excess since March 1 Normal prectpitation Deficiency for the day Total since March 1 Excess since March 1 Deficlency for cor. period, 1800 Deficlency for cor. period, 189 Reports from Stations at 442 Inches | 4.68 inches | | N " z wnuyxwyy | 3 1 | w g 1 aunywisduiay, STATIONS AND STATE OF WEATHER. ainyezed uonmdPaLg Omaha. clear rth Platte. partly cloudy “heyenne, cloudy | Balt’ Lake, clear Rapid City, cloudy Huron, clear rily cloudy LEETY s clear clear clear Paul. venport nsas City Helena, clear Havre, clear | Bismarck, clear Galveston, cloudy | "7 ndicates trace of precipitation | L. A. WELSH, | Local Forecast Officia A Chicago Boy says he Caldwell’s Syrup Fepsin than maple molasses. © kept Dr. Caldwell's Syrup Pepsin in the house and Cole being completely run down with stomach troubles until be conld scarcely eat an phenomenal in their immediate cure of the stomach troubles, creating an appstite, aiding digestion and k they created a ‘Syrup Pepsin” to such an extent that every time be came in the house be wanted to take a dose that every family should keep in the house It cul certain laxative. COLE CALLINGS SOLD BY would rather have Dr. COLE COLLINGS, of Chicago. Ill., went Bloomingdale, Ind., for his bealth They ything, began taking it The results of the remedy were mot only ing the bowels regulaz, but lesire on Cole's part for Dr. Caldwell's Syrup Pepsin is a remedy is an all the year around medicine, a sure re for stomach troubles, a pleasant and All Druggists, Wholesale aad Retail. L. P. Hollander & Co. of Boston, New York and Newport, announce an exhibition at The Paxton, Omaha February 16-18, Of LADIES’ GOWNS suitable for all occasons; DRIVING and WALKING COATS and CAPES, SILK WAISTS and SILK PETTICOATS, MISSES' and CHILDREN'’S DRESSES and GARMENTS, BOYS' CLOTHING and OUTFITTINGS, Also samples of our choice line of DRESS GOODS and SHIRTINGS. Do You Own Valuable Papers? We have a suite of rooms with a fire and burglar proof vault. It consists of a waiting room and two smaller rooms. Electric light. Hardwood floors. BEE BUILDING It will be a pleasure to work in offices like these, The rent is $40. We have another single good sized office with a vault, only $20. Peters & Co. GROUND FLOOR BEE P RENTAL AGENTS. BUILDING. en in use over 5o the leaders of the Mormon VIM VIGOR'VITALITY FOR MEN ovitey or cig e ..g- eveey Scimuiates g el and nm. xmm meney FOR SALE BY MYEHKS-DILLOS T WHEN YOU FEEL DULL Tired, nauseated and low spirited, the machinery of the body is clogged up somewhere. - You should take a w doses of PRICKLY ASH BITTERS It is & thorough system cleanser and will make you feel bright, vigorous and cheerful. SOLD AT DRUCCISTS. Price, $1.00. For Grip aches use Dr. Miles’ Pain Pills. Sold by all Druggists. CALIFORNIA 5 THE BEST PERSONALLY CONDUCTED TOURIST EXCURSIONS Run via the GREAT ROCK ISLAND ROUTE Uta >cenic Route through Colorado and WEDNESDAYS. FRIDAY S AN SATURDAYS, ot For information and ' Tourist Dictionar; address City Ticket Office, 1 1323 Faraam g@ooc@@@o O. oo 2e@ © RESULTS TELL Q THE BEE WANT ADS 2 PRODUCE RESULTS. eoQ 20eecce RO R e, wio ¥ bonts. s os. Addrasty 813h0D Remedy Oory B e worst cases' 1o old and i g sy, Cure permator Iulon.‘ am ok o e anhood lmm Kestores matl A writien guas m..n cure s at han o« for 8 DRUG CO. 16TH AND FARNAM. JOBBERS & MAKUFACTURERS OF OMAHA BOILER AND SHEEL IKUN WORK Dreke w"i'\';nmam Successers Wilsem & Drake. Manufacture boliers, smoke st breschings, pressure, fendering. sheep dip water boller tubes con- Flantiy on hand, second hand boliers 1 gnd eold. " Spectal and prompt attention ia Tenairs fn etty ne caintrr Thth And Plare "DRY GOODS, E Smith & Co. i tmporters and Jobber: i Dry Goods, Furnishing Goodi AND NOTIONS. "~ ELECTRICAL SUPPLIES. ;Wcsh'm Electrical 1 Company | Electrical Supplies. | Electric Wiring Bells and Gas Lightt; G. W, JOHNSTON. Mgr. | 1510 Howard § SAFE AND IRON wORKS. ‘Davis & Cowgill Iron Works, MANUFACTURERS AND JOBBERS OF MACHINERY. GENERAL REPAIRING A SPECIALT) IRON AND BRASS FOUNDERS. 1601, 1603 1508 Jacksen Street, Omaha, Neb. Tel. 538. B Zavriskie. Agent J. B Cowgill. Mgn ELEVA10R SUPPLIES ELEVATORS Improved Quick and Easy Rising Steam, Elcatric and Hand Power Elevaters. AUTOMATIC HATCH CATES. Bend for catalogue xmuu. IROI.. COUNCIL BLUFFS, Iolc hone o~ 1C H. Davis & Son 3 Agents for the Richmond Elevator Hydraulic and Hand Klevaters. Elevator repairing & specialty. Leather | Valve Cups for Elevators, Eogioes and CASOLINE ENGINESAND CAIN ELEVATOR MACH!NERY Davnd Bradjey & Co. | Council Bhlfl'\ Towa i Gasoline Engines | Vertica!, Horizontal and Portalle, from one horse Po Jobbers of Agricultural everything in wate plick DR. KAY’'S | RENOVATOR invigorates und renovates the | system: purifies and enriches the blood; cures | the worst dvspepsis. constipution, beadnche liver aad kidness. %cand ) atdruggists. Free vlrhr sample aud book R Dr. B. J. ay, Sarctoga, N.Y. R BUY THE OENUINZ 'SYRUP OF FIGS | MANUFACTURED BY | CALIFORNIA FIG SYURP CO., ‘ NOTE THE NAME Lr. Kay s Unicure cures ail 'e-ne diseases. Al druge ® 11, trated book P, Bl Y Uticure ana advice free. Dr effectual cure