Omaha Daily Bee Newspaper, April 27, 1901, Page 3

THE ()\L\HA DAILY BEE QA’I"I'RDAY S v SUSTAINS PROUT'S ATTITUDE| o into his hands while act- | guardian The plaintiff further says that April 1 . a final accou : was bad and it we 1 there was & $749.05 In the hands of the guardian wh v belonged to plaintifl. As the money was Vier by Over Three WMilllan Dole Dot turned over on demand Campbell | HISTORY OF CASE GOES BACK EIGHT YEARS Iars Thun Ever Before in t for same | | teomue AUBURN YOUTH RAMPANT NCOLA 25 —(Special Telegram Secretar State Banking has « . par ot APRIL 27 court which first takes jurisdict! retain and exercise it to the exclusion of | all proceedings in other courts until its jurisdiction is exhausted by the final judg- ment or decree and by its effective execus tion, is indispensable to prevent unseemly conflicts between courts and their officers and ‘confusion worse confounded.' The maintenance of this rule requires that the defendant, Frank N. Prout, acting as at- torney general of the state of Nebraska shall not bring or prosecute in any other court any actions or proceedings involving the constitutionality of the maximum treight rate law of Nebraska and the rights and duties of this railroad company there- under to reduce its rates to prescribed until the final determination of this- suit, and that the juriediction and r of this court to determine those is- render and enforce its decrees in shall be left unlimited and un- such proceedings i supreme court decided in Smyth | Ames that this court rightfully fs. | injunction to this effect against | then attorney general of the state of the same facts which the 1901. lighter on m'n'] been known to friends, but the morning, and caused No medieal far this matter a few of his most facts leaked out a great deal of ald has been sum- FASTS TWENTY.ONE DAYS Peatrion Maz Has Eates No Food Bince Geod Friday, SAYS HE HWAS CALL PERUNA ALWAYS WINS. Some Remarkable Curesof Catarrh of the Stomach and Neuralgia. that might co ing as on of Judge Saaborn in Reck Railread Action. BANK DEPOSITS BREAK RECORD FROM CREATOR ¥ owers Soon to Meet | Nebraska Stock ¢ in Alllance=Striking Journey« men Plambers Refuse to Compromise. tes Nothing but Bentrice Water and Announces His Intention ot Liviag on It for the Ful Fo.ty Days. Shoots those there | LINCOLN, April (Special.)—The de jsion of Judge Sanborn of the federal court in the Rock lsland railroad case sustains in particular the position taken by | ttorney General Prout In the supreme ) a membe ' | court. The state court held that a pre- eila bl fr1 : it (Eolf8 1| liminary restraining order of the federal méteags S L ¢ mst the . Uel o ddinga airats c ol the brother-in-law and | COUrt to festrain the attofney general from 1l forty days. He b $ ting penalties from the railroad com- born n Indiana violations of the maximum freight B rly and absolutely nuli 11 alleges and the demurrer For some t n that it was fepugna t t )0 the rights and remedies boarded &t nent the fed, of the parties to this suit | ant, on Conrt Hosea | Stitution. On that question Ju: There is no escape from the conclusion gow. They o i Fred | In his opinion holds that the : bat the complainants are entitled to the e e n in order to|©f the rule, that the court which fir ame relief against tbe present attorney ot 4o father's estate, | Jurisdiction must retain ahd exercise general of this state. He has no higher | papers please | to the exciusion of all proceeding in right or better authority to proceed against courts its jurisd.ction is exhausted | this railway company, subsequent to a de- by the judgment or decrees by its [cision of the supreme court that the law | fective execution, is indispensible to pre- | under which acting 1s unconstitu- | vent unseemly copflicts between courts and | tional, than predecessor had to proceed | their officers and “confusion worse coun- | under it before that dec n. New Orleans founded against Citizens' Bank, 167 U. 8. 388, 389" The history of the case dates back to Decision Elaborately Dissected. 1843, when'(he federal court Issued an order | Avornay General Prout argued along the restraining the Rock Island Railroad com- | yinia line before the supreme court & few pany from reducing its rates to those Pre- | y.eks ago and the federal court sustains scribed In the maximum freight rate law | pon ™ wyli“ine cage was argued at Omaba {and probibiting the attorney general and|yetore Judge Sanborn the attorney general other etate officials from attempting to €0 | jregented the decision and opinion of Jus- force the provisions of the act. The 18- |yice Sullivan of the Nebraska supreme JURGCIO WS OUVeE TSRS | court, together with all the authorities _ During his last term of ofice ex-Attoraey | iperein in resistance of the applica- General Smyth instituted proceeding | on of the rallroad company for an injunc against all of the principal railroads, €x- | jon aeainet him. The decision was elabo- | cepting the Burllugton, to recover alto: | ruiiy disgected and held not to state the | her over $1,000,000 in penalties. Some of | |, b\ judge Sanborn. | these cases were for violation of the maxi by | mum freight rate law and others were for MENTRSEE FISUn (e violation of an order issued by the State| Members of the Nebraska Stock Growers Board of Transportation. The supreme | association will meet in Alliance on May 13 for & two davs’' annual session. Besides court of the state subsequently declared the law creating the Board of Transporta- | the usual number of lectures and papers tion to be unconstitutional and all cases | OB StOCK ralsing subjects, the program ar- hrought for violation of the board's order | FADKed by the officers of the association | were therefore dropped contains several new features, among them A few weeks ngo the case against (he | A ball and reception to be given by the cit- Rock Island was called for hearing befors | 12608 of Alliance to the visiting stockmen and their familles. Prof. Burnett of the the supreme court and the attorneys for the defendant company appeared with the | department of animal husbandry of the University of Nebraska will lecture on injunction issued by the federal court back in 1563, The supreme court then held that | 'Beet Cattle” and Prof. Peters of the | United Stutes experiment station will speak | the restratning order was null. It is this t " | ruling that the federal court has overrulcl, | On the “Advancement Made in Combating | It is likely that all cases brought by tLe | COntagious Diseases.”” Regent E. Von For- | former attorney general for violation of the | Tell &nd Mr. H. F. Mclntosh of Omaha are maximum freight rate law will have to also named in the program for addresses. | | dropped. unless, of course, the injunction | Profs. Peters and Burnett will speak at the is vacated by the federal court. The opin- | OPera house in the evening on the *Dis- ¢ | eases of Cattle” and will thelr n of Judge Sanborn touches this pol {and it is the bellet of attorneys who ha arks with stereopticon. Reports of offi- {read it that to vacate the injunction the | cers will be received the second day of the tederal court would have to reverse its | Session. Election of officers will close the own decision. If these cases are dropp:d | formal part of the meeting. {all of the penalty litigation against the | Auditor Weston will soon issue warrants | £ : f o ai s, ins by Jopocratic at- | (0 members of the First regiment who paid affecting my kidneys, but two bottles ¢ |railroads, instituted by the popocratic at- | to members of the First resiment who paid ‘ party of Nebraska was sadly in need of | About 200 of the volunteers returned home | '] | campaign capital, will have been swept | before the regiment and all of them paid | much better that I decided to use the " rom the :nnnm;f T lrv ;n‘-’:r';:a;\;‘n’:‘n:;.:.:”(r‘:(;mm \.;fl l(r:‘n| third, whi 2 ally leted [] ote :.:. :n; qrv;’»:fnunn(‘m‘n:::i,,.:“'"' ' \uurdmz to the provisions of the bill | Without suffering the uext day third, which practically completed a | ; : d passed by the legislature each man will be | had tried many so-called remedleq | allowed § | but with only partial and tempor- Strikers Refuse to Compromise. | ary relief. It has been two years The striking journeymen plumbers of this | since I used Peruna but 1 am satis. ity met last night and refused to com- | fied that my cure is complete and promise with the master plumbers. They | permanent.—Edwin A. Frost N. E agreed to stand by their original demands. | ‘I was Speeches were made by several of the lead- | WYOTHING in the world produces more! ypo \org ers in the strike and all advanced the opin- | h disastrous acnemia of the nerve cen- | o ibie fon that the masters would soon be com- | te Any one who bas ural pelled to accede to their demands, as the find himself con real heavy work of the spring is mot yet under way shooting wi called at d for her | A er cas has drunk sca ask ha was agains sued the its colle wardian he balar the progran for rate law wa ar trom | fOF the reasc “ullérton, | eleventh amen let of stre His 1 s ag hands e m“mmsswss s ese ¢ A Great Labor Leader Speaks. EDWARD CARROLL, Former President of the National Building Trades Council, Is Well Again, | Left in a Worn-out and Exhausted Condition by the Grip, His Kidneys Became Seriously Affected, But He Was Completely Cured by That Wonderful Remedy. Warner’s Safe Cure, Edwm A Frost_— anager Windsor- Clifton House Chicago.Ill. CHIcAGO, Feb. 26, 1qo1. WARNER's SAFE Cure Co., Rochester, New York. Gentlemen: Q‘QQQ“““MQQQQQ I feel that Warner's [ Safe Cure certainly deserves a word ¢ Hon. E A. Frost, manager of the Wind-| sor-Clifton House, corner of Monroe street and Wabash avenue | & recent le of Columbus pratse of The Peruna Columbus, 0,: Gentlemen—"Before taking Peru- na I had -Au".rod lur l\u.my )I.Eri‘ of praise from me, because I have : been benefited by it to an extent o th catarrrh remed unlooked for when I began using it. ¢ The effects of the * ' left me in : i a wornout and exhausted condition, Srip’ Medicine Company, of your medicine made me feel so J chronic neurnlnla of the stomach, and could not sit out in the night mr‘ Judge functions The E A tration cure for me. EDWARD CARROLL, Ex-President National Building Trades Council. ase of ne iralg above VO VTV TVLLTTLLLLALTLLLLLLTVLTOTVTTRVRRR b “The opinion in Smyth inst Ames con- | cludes all discussion of thi= question. We | | are all bound to abide by that decision, be- | ¢ | cause it 1s the supreme Inx of the land. | | That case presented the game unconstitu- | tional law, the same pleadings, the same |issues of fact and the identical question of law upon the determination of which this suit hinges. The supreme court of be United States there de this court | it right- | bad jurisdiction to issue, and that | tully issued its writ a the attorney | Then senior of the University of Ne- general of the state of Nebraska, enjoin- | braska was entertained at two receptiol |ing him from bringing and from aiding | tonight. one tendered by Chancellor and {in bringing any sults or proceedings to| Mrs. Andrews and the other by the funtor | enforce the provisions of the maximum | class The Lincoln Ice company has arranged to | treight rate law of Nebraska. In view of | this conclusive adjudication of the very |install an ice manufacturing plant in "“”u-n ter (s atils (o niake, Thus it fis thac |1 Dave sdvertised onsive | question here in issue it would be an idle |city to compete with the P. H. Cooper A 8 2 |y Darth ot the SR task to distinguish or review other cases |company. It is sald tha: prices will xw"""”“l a 4'9'"‘3‘ on a want of autrition | 'L Naioad I ti Yoty Ktul wherein other questions, such as the power | lowered by the new compars to an extent ““r”": Nr\‘» centers e el of a court of equity to enjoin criminal pre- | that will probably bring on an ice war wit! h"h"‘;'::’d‘ n‘:: :‘M ceedings, were involved, as in Fritz against | the competing concern L4 McGee, 172 U. S 31, and Harkrad Representative Marshali of Otoe county | 91EeStive orgams Ly, ] | against Wadley, 172 U 145, 169, 170, and |13 in the city taking treatmen: for rhey. | 838 have been once put in good working we refrain from their consideration or 1ls- | matism, from hich he suffered greatly | °Fdes by Peruna then the food is able to cussion. It is enough that the highest (during the last days of the legislature. properly nourish the body 5 court in the land, the court by whose de- | Snad Post Ainckhallers. This is bow it happens hm. | cistons courts, counsel and citizens altke | o \ioiooninaier Linotype company bas | Lo . many Canes ot old neuraigia which are bound to abide, has authoritatively d:- MEFBInLIN PDOLY ! pany has | have resisted all other forme of treatment | brought sult for $3,000 against Henry ¥.|peruna is not a specific for neuralgia, but ermlned e Ty e v oY 18 M%) Rockey, Milton Schwind, Frank D. Bascr |1y is a specific for catarrhal affections of o880 hary g st leay [l |and William F, Schwind, stockholders of the | the digestive organs. There is no remedy Injunction Still in Foree. | Post Publishing company. Because of fail- | {5 the world that fs so sure to put the “This sult, then, was commenced In 1893; |ure to publish the obligations of the cor- | gigestive organs in good working order as | this court at that time obtained jurisdic- |poration the Mergenthaler company insists | peruna {tion of the subject matter of this litiga- | that the stockholders are personally liable | | tion, of the issue whether or not this iaw |for the debt | lof Nebraska was constitutional and en- | The State Banking board today chartered | forceable and of the parties to this suit, |the McLean State bank of McLean, Nab. the 1allway company and those who were |t {s capitalized for $10,000 and incorpor- then acting as officers of the state. It|ated by F. M. Hopkins, W. T. McConnell, | rightfully epjoined the company from re- ‘Thvodoro Haeppner and Cliff A. Smith. | ducing its rates to those prescribed by the | Auditor Weston today issued state war- |law, and it lawtully prohibited the attorncy | rants to the Cudahy Packing company of | general of the state, and its other oficess, | Omaha for $3,000 and W. J. Bryan for 81, |from enforcing its provisions. That in. |these amounts representing the amounts junction has never been vacated or modified | contributed for the transportation of and it still remains o force. Vulcanite | Fyrst regiment from San Francisco to ) Company against Folsom, & Fed., 505. The | praska. | detendant, Frank N. Prout, i prosecutig | |actions commenced in 1900, six years oteer| THIEF ROBS WHOLE FAMILY this suit was begun, to recover of the d fendant railway company penalties to amount of $430,000, be ise it obeyed injunction of this court and failed to | duce its charges to those specified by | unconstitutional law | “In other words, the effect of these later actions is to toll off to another court ‘h 5.50 | question which has long been and still § 3.00 | properly in litigation he to severely pur |ish one of the parties to this suit for is obedience to an injunction lawfully issued Doctors Bunker, ick for cases of Al than neuralgia ever had neuralgia wi stantly ilable to nervous especially be ha aking much quinine All Persons wko are snffering from after effects of the Grip, or whose kidneys are diseased "";IM Foe should go to-day to the nearest druggist and get a bottle of Warner's Safe Cure. troubles This is in any way, true been subject to coft [ 1ow as 108 p | 1a grippe Neuralgla s always an expression of| dekan it nerve weakness. Some nerve center has| De°n Wwell beem deprived of nutrition, and neuralgla | *¢'L Am is the signal of distress which this merve D°CtoTs are surprised as are all my ainst Free Sample of Warner's Safe Cure sent on application. Address Sampie Department, Warner's Safe Cure Co., Rochester, N. ¥ [ % o PN 22 %9 2 2 2 0 8 & a8 o o o o g Peruna Inc-eases Nutrition. By last £ix scven m heavier than for >~eoeoeessaecee thirty COPYRIGHTED, FEBRUARY 11, 1900, $1,500 IN PRIiZES. Peruna ext than nutritive value of by correcting the After the digestive or “Never Felt Frech w as follows ng been stomach troubles four different doctors. They me for a little while. 1 gave of being cured, having bee pounds I k1 et out room. 1 try Peruna to my g now entirel My pounds and I never felt b I shall always praise Dr remedies Mrs. T. Fre It you do not derive factory results from th write at once to Dr. 8. B Ohilo, giving a fu case, and he w his valuable advice ne affli for Peruna | the and we of Peruna Strikes the Source. All diseases, including neuralgia, that depend on a want of proper nutrition are curable by a course of Peruna. Peruna | strikes at the foundation of all chronic ‘dlnlses by increasing the nutritive The Best of Everything bus, grat You Can Buy Brains at a meat market, or you can hire other people to think for you, or a nimble- fingered girl to write your letters, but do you know a good dictionary is a great help in writing or speak- ing correctly? Probably you have a decrepit eld dictiopary in your office. It 18 %o tattered and dirty that you seldom use it. Throw it ia the waste basket and get & Standard ery- l“!lp' Himselt to Money from body, Not Excepting Hired | | Girl. | | | AUBURN | The home tered last the window Thompson's pocke the little boy's maney bank. taken The bome of County Judge Neul was also ‘ennrvu and Mr. Neul's watch taken. Mrs, | Neul awoke and got sight of the thiet and | the description she gives leads to the be- lief that ne will be arrested Neb., April 26.—(Special.)— of Benjamin Thompson was en- night by a sneak thief through Money was taken from Mr. | trousers, Mrs. Thompson's | the hired girl's pocketbook and | About $10 was To those guessiug (Lo correct oF Deareat correct nuisber of dots The Bee will give the following prizel st Prize—A $500.00 Emersoa Plano—value .§300.00 10th prize—1 Standard Dictionary, value . nd prize—1 “Densmore” Typewriter, value . 10000 1ith prise—1 Ton Coal, value < ird prize—1 lot i Coumcil Bluffs, value 100.00 12th prize—1 box “Kirk's” White Russian Soap, value 4th prize—1 Wheeler & Wilson Sewing Machine, 60.00 18th prize—ONE PlG, value .. ? Sth prize—l Busivess College Scholarship, value .00 14th prize—1 Sack Golden Sbeaf Flour... % 6th prize—1 Tallor-made Suit, value 45.00 15th to 24th—10 bottles Cramer's Kiduey Cure, value. 10.00 | upon a prayer of the complainants in this th prize—1 Ladies' Tailor-made Sult, value . 4000 25th to 35th—10 pair Orpheum Scats, value 10.00 | court and to forestall and nullify any de- §th prize--3 ladies’ Custom-made Shirt Waists, value $10.00 th to 60th--14 volames recent fiction, value . \i.'l.-]rlflfll and decree of this court regarding ¥th prize—1 Standard Dictionary, value § Also Art Pictures sad Sooks, value 3 issues of which it first lawfully took jurls- Total $1.500 and a Pig | diction. Impropriety is M “The impropriety, the inadmissibility of | such a procecding in the light of the funda- | mental rules of our judicial systems, to | - “ | which we have now adverted, is so mani- | o0\ " 0\ Cruesday a quarter section of fest that we have no doubt that the learned | | Thayer county land was sold for $6,000, attorney general, when :1"4 AUIEREGR 8 | Tt o T E RS R AR T once directed to them, will at once perceive | oo i hag been selling. More farms | 12.00 | value. ey Chicago and East. St.Paul-Minneapolis. | Hot Springs-Deadwood. CITY OFFICES: 1401-1403 Fa na m Street. le of Thuyer Comnty Land. HEBRON, Neb., April 26.—(Special.)—At USE THIS BLANK IN ALL CASES. Date received .......coun Tur Bee PusLisaiya Co., OMaua, NEs. Time GUESSES ON DOTS Enclosed find §.......... scription account. Postofice Address all Aunswers to Name ccooeovesosscesnsnnss Street and No ......... Where paper delivered. Where paper fs sent Are you taking The Bee Now? If not, when do you want it started? o DI ...to apply on my sub Puzzle Department, The Omaha Bee, Omaha, Neb. the propriety and necessity of suspending all action in other courts involving the un- coustitutionality of this law and the right and duty of this railway company to reduce charges to those there prescribed, until this court, which first acquired jurisdiction of the and the parties, has finally detormined the questions presented The court quired the federal courts of this circuit to | stay their hands and to hold their suits Iu abeyance until the final determination by the state courts of issues of which those ourts first acquired jur agains: Buckeye, 33 Fed merman against Sorelle, 80 Fed 419. 17 the state courts had first takep jurisdiction of the issues involved in this suit we should bave gladly foliowed the foregoing de- | cisions. but (he rule applies where the fed eral cou akes jurl tion as well as whe jurisdiction is first acquired the state court Enfore Gates ment is Indispensable. of appeals has frequently re- | by The enlorcement of tbis rule, tbat the | have changed hands since the first of the | year than ever known in the same period of time The prospects never better. for winter wheat were Teac Chosen. eb., April (8pecial recent meeting of the B these teachers were re- Harry F. Hooper, principal; Mra. | Hooper, grammar department; Miss Lillian | Bowles, primary. This ieaves & vacancy | in the intermediate department, caused the of Miss Ada Shaw, who has accepted a similar position at Brainar. | Elks Give Full Dress % BEATI Neb., April 2 The Beo olent Protective Order of Elks No. 619, of this city gave its first full dress party Thursday night in its new hull o Ella street. The hall was beautifully | rated with roses and smilax. Coffee Ada ADAMS gram )—At & of Education elected Tele- res riy pecta deco- sand- wiches and olives and punch were served |Nebraska City, Atchison, Leavenworth, Kansas City And All Points South. Tncket thces -\ 8. B. Corner lith and Dou - .......LH' BOOKS * Dictionary It is the la everywhers prouou 1 best. Containing over 800,000 words and having & corps of 240 editors, s's and educated men, costing bearly & million @ollars before placed befors the public, it ought to be & valuable book. It is & valuable book—by far the best dictionary betere the English-speaking people. st out acd nee specta CALL ON OR WR MEGEATH BTAT 188 PARNAM STRERT, IN REGARD TO IT. THD Y Co. W OKIASMAN