Omaha Daily Bee Newspaper, June 17, 1901, Page 2

RENNEDY JURY CANNOT ACREE der 8till Undetermined, PRISONER, THRICE TRIED, SHEDS TEARS Attorney Moore's Plans to Have tetment Quashed. NEW YORK, June 16.—The twelve men, who eince 12:15 o'clock yesterday after- noon, at the conclusion of the judge's charge, considered the evidence in the third trial of Dr. Samuel J. Kennedy for the murder of “Dolly’” Reynolds, reported to Judge Newburger 10:25 o'clock this morning that they unable to agree on a verdict. The judge at once discharged the Jury from further. service and manded the prisoner to the Tombs. When the foreman of the jury announced the inability to agree Di. Kennedy seemed unable to comprehend the situation. Then the tears came to his eyes and his face showed the cffort be was making to con- trol himeelt and crush his disappointment But the smile that had been marked through most of the trial came back quickly and grew brighter as he caught the eye of Dr. Moore, his attorney. Imm dlately after the adjournment of court the attorncys for the defense saw Judge Newburger {n regard to their next step in behalf of Dr. Kennedy. The judge sald that they should see District Attorney | Philbin as to whether he would agree upon | what courke to be pursued. He said that | he (the judge) would be out of town to- morrow, but that they could appear before him on Tuesday to make whatever motion they desired. Mr. Moore will ask District Attorney Philbin to move the quashing of the indictment and if the latter does not | take this atep to free Dr. Kennedy, Mr. Moore himself will make that motion, argu ing that the state has shown twice its in- | ability to conviet his client of the crime and the old idea that disagreements are equivalent to acquittal ought to prevail in this case at were re- Five Rallots, On the first ballot taken the six who were willing to vote in advance of a discussion of the case stood two for acquittal, three | for conviction of murder in the first de- | gree, one for conviction in the second de- | gree. The other elx put in blanks. | The first formal ballot resulted quittal, 8; for conviction, 6. The next bal- | lot stood: For acquittal, 7; for conviction, Thus the jury stood until the sixth bal- lot was reached, when the result was: For acquittal, & for conviction, 4, and four more ballots resulted the same way, ten in all being taken Emiline C. Reynolds, better known as “Dolly” Reynolds, was found dead with her head crushed In a room at the Grand hotel August 18, 1895, where she had gone with & man answering Dr. Samuel J. Ken- nedy's description, according to the testi- mony of witnesses. In the dead woman's corset was found a check for $13,000 signed “Dudley Gldeon" and indorsed by “Samuel | J. Kennedy.” The police theory regarding this was that it was in payment of alleged winuings at the races The evidence showed at the trial of the case in the criminal branch of the su- | preme court in the spriug of 1899 that the woman's skull had been crushed with a plece of lead pipe, alleged traces of which pipe on Dr. Kennedy's clothing were al- leged to have been discovered by the police. Dr. Kennedy was convicted and sen- tenced to be executed at Sing Sing. The court - of appeals -on- November 20, 1900, banded down a declslon granting a new trisl ‘to Dr. ‘Kennedy ‘and he was prose- cuted before Justice Fursman during the latter part of last year for the second time. This trial resulted in a dlisagreement. District Attorney Philbin transferred the case to general sessions and assigned A sistant District Attorney Osborne to prose cute It. The third trial began May 6. R e — South Omaha News A great deal of Alssatisfaction was ex- pressed yesterday at the result of the work of the tax commissioner. When the people who framed the new charter advocated the election of o tax commissioner there were somo who were disposed to complain at what was called a needless expense. Those interested finsisted that by having a tax commissioner the valuation of the corpora- tlons would be raised, thus compelling the big concerns to pay the same proportion of taxes as the small home owners. One property owner who has large landed interests’ in the heart of the city said last evenlng’ “As a tax commissioner Fitz- gerald has proven himself a fallure and [ learned ‘today that there Is some talk of holding an indignation meeting for the purpose of adopting resolutions censuring Mr. Fitagerald for the manner in which he made the city a: ment. When the tax commissioner section of the charter was For ac- |a day or two betore the fair opens | of Omaha and Mrs. C. L. Talbot of this city brought up last winter the packers were called together and at first they were dls- posed to fight the project, but they finally agreed to stand for double the valyation of 1800. Fitzgerald bas not turned in the valuation as virtually agreed upon, al- though T am sure he was aware of the agreement of the packers. As a result the city will be compelled to put up with an- other high levy. It was expected that there would be a high valuation this year and a low levy. Unless the Board of Review makes radical changes In the assessment the levy will be not less than 60 mills. At tonignt's meeting of the council some arrangements will be made for securing rooms for the meeting of the Board of Review. On account of the indignation expressed at Fitzgerald's actlons it is pos- sible that the hoard may decide to In- crease the valuation of the corporations. In speaking of this matter another well known property owner said: ‘“‘Unless the Board of Review rectifies the errors made by the tax commissioner the business men will go into the courts and endeavor to secure an equitable adjustment of taxes. Although 1 supported Fitzgerald for ofce when he was a candidate, T will say that he is certainly a disappointment." embers of the council are decidedly sore at the result of the assessment and some interesting developments may be looked for shortly. The charter gives the tax commissioner three months in which to complete his work. It further provides that he shall devote all of his time to the city in lleu of & salary of $1,500 a year. Dutles other than those described in the charter may be provided for by ordinance. More than llkely an ordinance will be in- troduced tonight detalling Mr. Fitzger- ald as a clerk in the treasurer's office. The treasurer needs more help and as Fita- gerald has the reputation of belng a good accov~tant his services will be of con- siderable valuo to the treasurer. Taxes become delinquent twice & year, now, in- stead of once and, consequently, a great many more receipts have to be written, A member of the councll who called at Constipation Headache, biliousness, beartburn, indi- gestion, and all liver ills are cured by Hood’s Pills 80i4 by al drugaisie. 30 peote, ) ( The Bee office yesterday afternoon said | “Don't worry, Fitzgerald will be compelled | to devote all of his time to the eity. He| expects that he can hold his job as secre tary of the building and lean company and be tax commissioner also, but you may| depend upon it that he will be required to devote all of his time to the city. The council may by ordinance fix the salary of the tax commissioner and it would not surprise me any If a radical change in the commissioner's salary were made before long 1t {5 expected that the Board of Review | will meet on Tuesday for the purpose of organizing Woodmen Return. The seventeen members of the drill unmJ of Modern Woodmen camp No. 1005, who went to St. Paul, returned yesterday. Al- though this team drilled three or four times a week for several months in order to com- pete for the prizes at the annual reunion no exhibition drill was given. Owing to dissatisfaction the team decided that it was useless to ko on the grounds and competo for any of the prizes. Members of the| team assert that the awards were virtually made by the judges beforehand and this caused quite a number of teams to drop out of the contest. The members enjoyed the | trip greatly and regret that the conditions | were such that they could not enter the competitive drill Pontoon Bridge Stock. The subscription books of the Pontoon | Bridge gnd Ferry company will be closed today. An officer of the corporation stated last evening that $10,000 had already been raised and that all the company needed to commence operations was $12,000. The company now has a first-class ferryboat in view and will, it is stated, commence operations shortly, It appears that there 15 no necessity for city ordinances govern- ing the landing of ferryboats here and #s the company has already secured a county license and permission from the government this is all that is required. Street Falr Matters. | Work s progressing rapidly on the arches to be erected at Twenty-fourth and M streets and at Twenty-seventh and N strects. These arches will be constructed in sections, €0 as to place them in position Sou- venir buttons of the occasion are belng distributed o citizens and strangers and & contract has been let for the posting of bills, etc. Some startling posters have been secured and these will be distributed all over this section of the state. Every effort |s being made by the managers of the fair to bring a big crowd to the city. Memorinl Services. The local lodges of Odd Fellows held memorial services yesterday afternoon, Services were held at Laurel Hill cemetery, after which the lodges and vieitors joined in public services at the temple, Twenty- fourth and M streets. Rev. Dwight Jenks were the principal speakers. Magle City Gossip. The city councll meets tonight. Miss Jessle Rice has gone to Indiana to spend the summer Henry Lewis will return today from an extended Southern trip. The P. E. 0. society meets Carl Smith this afternoon. Mrs. P. H. Shields, 200 M street, i3 re- covering from a sevére ilness. Bishop McCabe will preach at the Methodist church on Sunday, July 7. Frank Merrill returned yesterday from a week's vacation spent at’ Noble's lake. | Mr, and Mrs. Henry C. Richmond have returned from an extended western trip. Charles Truax and Mrs. Nellle Kelth were_married Baturday evening by Rev. Dr. R. L. Wheeler. Rev. J. A. Johnson of the Methodist church ‘leaves ‘today for IKansas City to attend the wedding of his niece, Miss Zetia Roseberry. A reception will be tendered to Miss Bertha E. Clark on Tuesday evening al the ' Methodist parsonage. . The Epworth league 18 to have charge of the affair. Children's day exercises were observed at the First Presbyterlan church yester- day forenoon. These were followed by a reception of members and the baptlsm of children. WILLIE COTT SERIOUSLY HURT Taken Home Bleeding and Uncon- scious by Two Men, Who Fa to Give Particulars. with Mrs, “irst Wllle, the young son of George Cott of the Martin-Cott Hat company, was severely Injured last evening while bicycle riding. The manner in which he received the in- jury is unknown, but it s supposed that he fell from his wheel and struck the pavement or a curbstone. The boy was taken to his home at 2226 Mason street by two men at 7:30 o'clock. The mother was home alone and became so excited over her son's condition that she falled to inquire about the accident or ask the pames of the men. He was un- conscious and had a severe contusion on the lower back part of the head on the right side Blood was flowing freely from the right ear and his condition was se- rious, Dr. W. A. Edmiston was called at once. He sald there was every landication of a fracture at the base of the brain, but that this could not be determined for some time. The boy regained consclousness later, but seemed dazed and became greatly ex- cited when spoken to. He could not tell what had happened. The police station was notified and de- tectives were detalled to ascertain, if po sible, the manner in which the injury was recelved. PERSONAL PARAGRAPHS. J. P. Elmore of Alllance, Neb., is in the clty. William D. Sfsron of Beatrice, at_the Millard hotel, Nebraskans at the Murray: H. H._Church, Lincoln; Al J. Walker, Clay Center; Frank J. Burns, Exeter. Mrs. Fred Temple of Lexington, Neb., is in the city visiting the family of her sister, Mrs. J. W. Rabb, of 1318 South Thirty- second street, Nebraskans at the Merchants: A. H. Brown, Lincoln: James Nev Thion Willlam H. Pruner and family, Kennard; G. O. Harrison, Kennard: W. H. Car- ruthers, Lincoln; A. H. 8hepard and aon, Ansley; §. F. McNichol, O'Nelll; Frank Howe, ‘Blair; J. H. O'Shea, Lincoin; Mrs. A’ 1. 'Laney, Humboldt; F. H. Heuerma: Arlington: ‘B. J. Long, Schuyler; C. Ke nedy, Kearney: E. E. Abboft, Lexington: FI H. Young, ‘Genoa; A. P. Cully, Loup Cilty, Neb, 18 | will THE OMAHA DAILY BEE: MONDAY, PARTITION OF THE PACIFICS CHILDREN HAVE THEIR DAY [(|T{ TAY Destiny Bettled fer All the Reads Leading to the Oosan. HARRIMAN RULES WEST OF CHICAGO His Consolidation Represents Fifty- Five Thousahd Miles of Track= Southwest of St. Louls Left for Gould, CHICAGO, June 16.—-The Tribune tomor- | row will say: That the Harriman combine has secured control of the Chicago, Milwau- kee & St. Paul and that a composite agree- ment has been made to perfect a community of Interests among roads that have tracks enough to twice belt the globe 1+ generally accepted in raflroad circles. The sudden departure of Mr. Harriman for the east, ac- companied by President John J. Mitchell of the Illinois Trust and Savings bank, was announced fn support of the statement that Mr. Mitchell and others bankers would furnish the funds for the completion of the Milwaukee & St. Paul transfer. The meeting of the western officials with Mr. Harriman Is belleved to have been the result of the recent controversy over con- trol of Northern Pacific stock which drove short holders to cover at $1,000 a share. A tew emall roads out of Chicago are not parties to the agreement, but it Is under- stood they will consent to anything that maintain rates and end the squabble that has been kept up in the past among the various western lines It was asserted tonight that all the roads west, northwest and eouthwest from Chi- cago to the Pacific coast will be controlled in future by the following interests: Lines west of Chicago to the Pacific coust, by Harriman, Kuhn, Loeb & Co. and the Rock- efellers; lines northwest from Chicago, by Hill and Morgan; lines southwest from 8t Louis, by Gould and the Rockefellers; lines southwest from Chicago, by the Atchison, Topeka & Hanta Fe, to which probably will be added before long the Chicago, Rock Island & Pacific J. Plerpont Morgan and E. H. Harriman, however, will be the real dictators and di- rect the policy to be pursued by these com- binations, thus establishing the “‘community of interests’” which has been the plan of Mr. Morgan. The railroads Interested in the Harriman consolidation, with their mileage, are the following Total Mileage June 30, Topeka & Santa Fe.. f Pacitic veee . achfic s § T A . Milwaukee ‘& 'St.” Paul. Northwestern . . Burlington & Quinc e L P Northern & Alton . Road DEATH RECORD. Rev. John L. Dyer of Denver. DENVER, June 16. John L. Dyer, one of the most famous preachers who has figured in the history of .the west, dled here today of paralysis of the throat, after A lingering iliness. Rev. Mr. Dyer was born in Franklin county, Ohio, in 1812, moved to Tllinols in 1831 and served through the Blackhawk war. ‘‘Father Dyer, as he be- came known, began preaching in Wisconsin in 1849, and was the oldest, if not the last, of the old Methodist ‘“‘circuit riders.” Coming to Colorado fn 1861, he met with many thrilling adventures in his travels in this state and New Mexico, and through his zeal in preaching ‘the gospel to the widely separated and almost inaccessible mining camps, in a! Kkinds of weather, earned the sobriquet of “The Snowshoe Itinerant. He Is tbe author of a book bearing that title. His picture is among those given a place in the dome of the #tate capitol, as a testimony of his litework and a pioncer in the winning of the west. General W m Gardner. MEMPHIS, Tenn., June 16.—General Wil- llam Montgomery Gardner, a®veteran of the Mexican and civil wars, dled here to- night, aged 78. General Gardner graduated from the military academy at West Point in the class of 1846, FRIEND AND PROTECTOR. e Pluck and Skill of an Town Girl, All men should mightily rejoice because Miss Caroline Jarvis of Jowa City, Ia., has demonstrated beyond question that the ad- vanced woman of the twentleth century stands ready at a moment's notice to take a protecting interest in mascullnity which means much for the safety of what was once known as the sterner sex. But for the pluck and skill of this Miss Jarvls, relates the St. Louis Republic, one R. M. Fagan, a student at the lowa State university, at which Miss Jarvis herself is a freshman--or freshwoman or freshgirl | out, would now be gathered to his fathers. The two were out boating together and a sud- den squall upset thelr little craft, throwing them into the water. Fagan boing unable to swim, Miss Jarvis bravely went to his rescue, swam with him to the capsized boat, to which he then clung while the girl steered the whole outfit to shore, swimming at the stern of the boat and pushing ft, and young Fagan ahead of her. To a fair-minded person masculine abuse or ridicule of the new woman will seem anything but graceful or decent after a reading of this feat performed by Miss Jarvls of lowa City. Life will lose many of its terrors for man if woman thus fits her- self to be his savior in times of sudden peril. The significance of the lowa in- cident should not be missed. It 1s full of promise for masculinity's greater comfort and security in the near future. Fire on Sixteenth Street. Fire broke out in the home of George Eilfott at 3107 South Sixteenth street at # o'clock last night, starting from a lamp on a bureau {n a downstalrs room. The damuge to bullding and contents was §75. Insured, Tim Ormsby Talks Tim Ormsby and the desk sergeant were discussing excursion rates, when Tim took oceasion to illustrate a point with a narra- tive. “Yes, one-and-one-third fare round trip is pretty good,” he said, “but one time I gets a ride free an' a torch throwed in It's down In Missourle. About forty miles out of Jefterson City I swings onto a way freight and jist as she strikes the toboggan on the down grade and hits a thirty-five- mile clip here I sees the brakey comin'. ‘It's all up with you, Timothy,' 1 says, an’ 1 can see myself turnin’ double handsprings down the cinder path. ‘ell, as the brakey comes up 1 stoops over to show him where to kick, but he says, ‘That's all right, pard. You've got a through ticket. The main works wants to see you back in the caboose, an' here's a na de stinko for you. ‘How's this?' 1 breakin' open the toreh to see what it's loaded with. ‘Has Jay Gould bought this road an’' turned it into & charity bazaar ‘“‘No," he says, ‘but they's a 'lection down ' If the main works o' this train lands more o' you languid Larries in town than the conductor o' that glacler line on the Kirksville division he gets to name the head clerk o' the city recorder's office.’ ““And that's why I rides into Sedalia on a horse-hair cushion, smokin' a torch an' talkin' politics with the main works.' “‘Yes, but there's none of those snaps go- ing now,” said the desk sergeant. “In these days of tr and combines competition is a thing of the past.” “'Oh, out it out! Cut it out!" vexclaimed Tim. “Why, right here in Omaha compe- tition is honed down to a razor edge. When you see concerns so keen for a job o' work that they'll do it for glory an' crateage throwed fn, don't hand me no mess o' talk about combines. Look at that Redell case ~—s0on as it gets out that he's to be canned everything in town from the city councll to th' park commission and from th' trustees ©' th' church to th' arbitration committee o' th' fron works sends in a bid. Redell tries to get 'em to stave It off till the Fourth o' July, cause It's against the law to fire a man inside th' city lmits, but it don't go. “*‘We'll pull off that job,’ says the board o' rapid fire commissioners, ‘with neatnes an' dispatch, an' give him & license to gui+ Little Folks of Hanse odist Church Inda Celebration. Park Methe The celebration of Chfldren's day, which on account of rain, was postponed last Sunday, was observed yesterday moraing at the Hanscom Park Methodist Episcopal church. The Sunday school room was dec- orated with cut flowers and the American flags. A large platform was erected in the front of the church, upon which were seated the members of the Sunday school classes, under the direction of the super- intendent and his assistants. The music for the occasion was furnished by Miss Allen's orcheatra, which accompanied the vocal numbers and rendered several selec- tions during the ceremonles. The choir of the church was pressed into service and | rendered several selections, among them being the “Gloria’ from Mozart's “Twelfth Mass,"" and the “Hallelujah Chorus” from Elljah. Thote who took part In the program were Willlam Armstrong, Lillian MeDonald, George Clark, Juliet Carter and the pastor of the church, Rev. Clyde Clay Cissell Prizes ware awarded the children for their collections to ald in paying the church debt. Everyone who turned in §1 ®ot a button bearing a picture of the church And the legend “I Have—Have You?' The cash prizes ran up to $10, Amusements —————————————————— Ferrin Stock Company. “Taken from Life,” a genuine melodram: English was put on at the Boyd last night by the Ferrls Stock company. The plece is of the typical British sort, in which the villain is damnable, the hero 18 heavenly and talks in husky undertones; where the heroine steers her way through all sorts of difficulties, while she waits as did Penelope for the return of Ulysses, and even gives one the Impression that she knows just how the affair is going to turn Of course there s a stableyard scene, and a live horse, and a lot of talk about the “darby,” but the bulk of the play hinges around an estate and the love that makes one man virtuous and another a criminal Five acts are nceded for its unfolding, and everything comes out well in the end The members of the company find them- selves well fitted with the several parts. and yesterday suceeeded in pleasing two assemblages whose size was limited only by the capacity of the theater. Manager Bear has placed some ventilating fans In the lower part of the auditorium, and will be able to supply plenty of cool fresh alr at all times. Krog Park. The weather favored Krug park yesterda and the second largest crowd of the sea. s0n attended the big family resort. The scene was one of animation and joy all through the afternoon and cvening. All the swings, seesaws, settees and chairs were in constant use and sugrested to the management an increase of paraphernalia of this nature to accommodate the fine-day | attendance. The big tent of Morris' dog and pony cir- cus was completely filled with enthusfastic admirers of the trained animals at both performances. The dogs and ponies are prime favorites with the women and chil- dren, and the circus is one of the first at- tractions to receive their patronage. The band gave two concerts, which were thoroughly enjoyable, the program being among the very best that has been rendered by this popular organization. A dozen more monkeys were recelved yesterday and were moved into their new quarters. This happy family now has over twenty members and is one of the Interesting features of the park. The meérkey Xmas proved so very funny that many requests have been made to have it repeated, therefore a flesta will be arranged for the monkeys next Saturday afternoon. 1t is getting to be a popular thing to make up parties to spend the evening at the Krug. [Its splendid {llumination and many features strongly recommend it for these event TO CELEBRATE YTHE FOURTH arations. The Scuth Side German Dramatic club is arranging for a celebration of the Fourth of July at Byron Reed's park, Twenty-first and Martha streets, the proceeds of which are to go to St. Joseph's school. After- noon and evening programs will be enacted, comprising music, drills and other at- tractive features, concluding with fireworks in the evening. The societies of several of the Catholic churches will participate in the rendition of the afternoon and evening exercises, which will be conducted chiefly by the children of St. Joseph's school. PICTURE DRAWS CROWD Omaha People Flock to Lininger Gallery to See “Retarn of Spring.” Callers at the Lininger art gallery were more numerous Sunday than usual on that day, as many were drawn thither to see the newest addition to the art treasures of the gallery, Bouguereau's “Return of Spring.” The picture was shown on the north wall of the gallery. It is impossible to detect any trace of the mutilation of the canvas by Carey Judson Warbinton, as it has been completely restored and hows not the slightest blemish. Colie, Cholera and Diarrhoea Remedy 1s the best and most popular medicine in use for bowel complaints. It never fajls and {s pleasant to tal Mr. R. Woodward of Rosslyn, Ky., says T have handled Chamberlain's Colic, Cholera and Diarrhoea Remedy for twelve years, have never sold a bottle that did not give perfect satisfac- tion and it is the best selling diarrhoea medicine that I bandle.” For sale by all druggists. Mixes Up Excursion | Rates and Politics, business with a red seal an' purple tape onto it for less than any other house in the Omaha territory.’ “Mr. Girlte, which is Redell's trainer, reaches for th' ink to draw up th' contract when ‘In steps the city council an' raises the ante. “‘We ain't In the fire business exclu- sive, Mr. Girlle,' they says. ‘It's only a side line with us, an' we carries a large stock of other goods, but we ain't goin' to be underbid. They can't no cheap skate of a fire commission tell us where to get off. 8o we'll give your man clearance PAPErs an' write ‘em out on a typewriter AR’ put a frame around 'em, an' it won't cost him a cent. All we asks is that season ticket o' his to watch the newsies make base runs out behind th' city hall. An, by the way' they says, ‘If that man o' yours has got any o' that lyddite profanity on tap that he used to put out fires with, you might have him ¢ e & few o' them Babeocks with it an' leave ‘em In the hail’ “'An’ 60 the rapid fire commission lost the job an' that's why It's out now leokin' COMMISSIONER Decinion of Enprems Court Awaited to De- termine if He's Constitutional, LINCOLN OFFICEHOLDER IS AT STAKE Case 1s Belleved to Affect Omaha ns Well. Becanse Langnage of the Charter is identical in the Two Clties, (From a Staft Correspondent.) LINCOLN, Neb, June 16.—(Special.) Decisfon of the supreme court in the case involving the constitutionality of the offico of the city tax commissioner is awaited With interest by all taxpayers of Lincoln, but it is & singular fact that only two large cornorations in the city are actively engaged In the effort to knock out the office. If the law is allowed to stand, alk property owners will sprobably be called upon to pay a greater amount of taxes in future years than they ever have before but they are not very loud in denouncin the change In his argument before the suprome court this week, City Attorney Strode will insist that if the section of the Lincoln charter, which creates the office, (s declared un constitutional, this decision will apply, not only to Lincoln, but to Omaha, for he says that the section in question :s a re- production, word for word, of the tax commissioner section of the ‘Omaha char- ter, with one or two trivial exceptions, which do not enter into the consideration | of this case. Mr. Strode has outlined his argument in a brief, which will,be filed in the supreme court tomorrow morning. The case 8 on the call for this week's sitting of court and unless something unforeseen occurs, it will be heard on ssheduled time. The Lincoln Gas company and Lincoln Traction company are supposed to be the corporations back of the fight agalnst the law. On Constitutional Grounds. Opening bis address, City Attorney Strode says: “The right of the city tax commis- sioner to hls office, as understood by coun- sel for defendant, is questioned on the ground tLat the provisions of the new Lincoln charter, creating the office of tax commissioner, are unconstitutional Other provisions of the charter than that creat- Ing the office of tax commissioner are not | involved in any way fn this suit, “‘Before taking up the argument of counsel for the state, we desire to direct the attention of the court to the fact that the provisions of the new charter of Lin- coln creating the office of tax commissioner were practically word for word from the provisions in the Omaha charter, with the exception of sections 34, 35 and 36, which refer to return of assessments, filing of schedules with the clerk and the oath of the tax commissioner. Assessments have been made and taxes levied under the provisions of the Omaha charter for years, “Millions of dollars of revenue have been collected under ita provisions and, presu- mably, thousands of dollars remaln uncol- lected. The revenues of Omaha, as well as Lincoln, depend upon the validity of these provisions. If this law cannot stand under the constitution, then Omaha and Lincoln will be left financlally stranded— without revenue and without the means or abllity to provide. So we urge upon the court at the outset the gravity of the situation and the Importance of the ques. tions presented. This law should not be declared unconstitutional unless there be & substantial violation of the \constitution. Upon the validity of this law depends the financlal welfare or ruin of two cities, and it is not fit time or place for foolish, frivolous or trivial objec.lons. Reasons for the Claim. “It is claimed on the part of counsel for the state that this law is unconstitutional for the following reasons: First, because it is indefinite and uncertain; second, be- cause it violates the principles of equality and uniformity in taxation; third, because it is special legislation, and, fourth, be cause it violates section 11, article 111, of the constitution to the effect that no bill shall contain more than one subject and the same shall be clearly expressed in its title, and no law shall be amended uniess the new act contain the section or sections #0 amended, and the section or sections so | amended shall be repealed.” Mr. Strode takes up the first objection urged by the attorneys whn are fighting the office and gives an extended argument to | show that the section relating to the tax | commissioner's office is not in any way indefinite or uncertaln, but he insists, on the contrary, that the argument of the op- position counsel in this relation is de- cidedly fndefinite, As to the objection that the act violates the. principles of equallty and uniformity In taxation, the attorney continues: “If | ‘fair cash value and fair value' do not mean substantially the same thing, then the charter, which requires hoth real and per- sonal property to be assessed at fts ‘fair cash value' complies with the constitution, and the revenue law which permits real property to be assessed at its ‘fair value' and personal property at Its ‘fair cash value' {8 the law which makes the discrimi- nation and destroys the uniformity and, of course, 18 the law which violates the con- stitution. The constitution requires uni- formity, the city charter provides for uni- formity; the general act does not—argues counsel for plaintift—and, therefore, tho charter is unconstitutional, but in point of | fact the terms ‘salable value,' ‘actual value ‘cash value' and the like mean ths s thing. Word Cash Makes Difference. The attorney for the defendant argued in this connection that there was a substantial difference between ‘“fair cash value'” and “fair value,” and In his brief he pointed out the fact that under the gen- eral revenue law personal property is to hs valued at its “fair cash value,” while real property 18 to be valued at its “tair value," One of the principal objections s that the act s unconstitutional because the tax commissioner is required by himself and his deputies to assess all property within the city of Lincoln at a “falr cash value, except the property of rallroad corpora had | ana | marched A0/ assers railrond property at its actual value for each mile of road or line. This aluation the tax commissfoner is required by the statute, ynder which he claims Au thority to mct, to accept, while all other properiy within the city 18 to be valued at Its “fair eash value. On the other hand It is plain that the exception in the city charter {s wholly superfluous, that the ex ception is constitutional and that if it be unconstitutional the uaconstitutionality at taches to the general revenue act, and not the city charter, and the exception alone is ‘\old‘ | 1 | Otoe Cou ¥ Institate, SYRACUSE, Neb. June 18- (Special) The institute that has been in session the | past woek closed Friday afteroon with a spelling contest. Two hundred words were given. The teachers were entBusiastic in their praise of the management of County Superintendent Ellwauger. The instructors were: Superintendent J. W. Searson of Wahoo, Superintendent W. N. Delzell of Syraouse and Prof. Robert Hunt, instructor in Lincoln High school. Superintendent Searson conducted the reading, school man- agement, bistory and the hegluners' round table. Prof. Hunt bad the grammar and geography. Superintendent Delzell, secre- [tary of the Institute, instructed in arith (metic and civies. The institute was one of the livellest and best attended ever in | Otoe county, there being 114 enrolled | Rashyille's Rash of Rain. | RUSHVILLE, Neb., June 16.—(8pecial)~ | Rain has become so common here that the | people cease almost to notice it Yet 1t means a great deal, not only this year, but | for the next season’s crop alto. The ground | 1s thoroughly somked, the creeks are run ning and the grass and hay are growing rank. There has never been so much mols- ture in the history of the county as it fs having now. Heavy showers and all-night | rains are the rule and all farmers and stockmen are jubilant. It fs sald that even | 1t there Is dry season next vear corn | Wit be raised in abundance, and if there s | & reasonable amount of ratn a good crop Is | astured. | s - Costly Washoat ut HBroken How. BROKEN BOW, Neb., Juue 18.—(Special.) ~Trom & heavy rain part of the town was flooded by backwater, caused by the heavy grades acroes the Muddy on Fourth and FIfth avenues. Four two-foot tiles had been put In the fills on each of the streets where they cressed the creek, in order to let the water through, but they proved in- sufficient to carry the great volume of | water, which plled up twenty feet deep until it reached the top of the fill, when 1t cut ite way through the grades the full width of the streets. The damage Is esti- mated at $1,000, besides the damage sus- tained by flooding cellars. Nancy Hanks a Feature. TECUMSEH, Neb., June 16.—(Special.)— Tho annual teachere' institute was in this city last week. The attendance was lar, and enthuslasm marked. Prof. H. R. Pat- tenglll of Lansing, Mich., was the principal instructor, assisted by Miss Catherine Cameron of Lincoln, Prof. C. N. Anderson and Prof. C. C. Danforth and County Super intendent Adkins of this city. Prof. Pat- tengill's lecture on *“Nancy Hanks and the Nineteenth Century” was a feature. Cloudburst at Tyndall. TYNDALL, §. D., June 16.—(Spectal.)—A week of heavy showers culminated in a ter- rific downpour at noon yesterday. Two and a halt Inches of water fell in forty min- utes. Many gardens and much low land were covered, but comparatively little dam- age was done. There was some hail. The roads are very muddy. Crete Woodmen Remember. CRETE, Neb., June 16.—(Special.)—Ivy Leat camp, Modern Woodmen of America, held memoria) exercises today. The camp is the largest fraternal orgamization in Crete. There were 150 neighbors in line. Dr. J. W. Triplett delivered the memorial address. New Church at Plerce. PIERCE, Neb., June 16.—(Spectal.)—The buflding committee of the Methodist Epis- copal church has decided to erect a modern | ehurch In the place of the old building that burned. With the insurance on the old building and money subseribed the fund available Is $2,700, and a $3,000 structure will be bullt. Breaks Both Arms at Adams. ADAMS, Neb., June 16.—(Speclal.)-- Frank McDoodle, a laborer, fell eighteen feet from the roof of the N. C. Shaw's new brick block last evening, fracturing both arms and recelving a cut across the fore- head. He was trying to wheel a load of bricks along a ten-inch plank and lost his balance. Bears' Clasa Hungry for Honors, PLATTSMOUTH, Nel June 16.—(Spe- cial.)-~The Plattsmouth Turnverein enjoyed e plenlc in Patterson’s park this after- noon. The Bears' class gave a grand ex- hibition. This cl will attend the Mis- sourl Valley Turnbezirk in St. Joseph, Mo., June 22 and 23 and expects to win all the honois of the senior class. Plattamouth Memorial, PLATTSMOUTH, Neb., June 16.—(8pe- clal.)—Platte lodge No. 7, Independent Order of Odd Fellows, observed memorial day in their ball and, accompanied by the B. & M. band, marched o the cemetery and decorated the graves of their brethren today. Decorate at Table Rock. TABLE ROCK, Neb. June 16.—(Specfal.) The Ancient Order of United Workmen the Degree of Honor met today, to the cemetery and decorated the graves of members with floral offer- ings. FIRE RECORD. Runkel Chocolate Factory. NEW YORK, June 16.—The choeolate factory of Runkel Brothers was destroyed by fire early today. One of the firm esti- mates the loss at $250,000, which is largely covered by insurance. The factory em- ployed 150 hands. Blase in & Brickyar Fifty dollars’ damage was done tha sheds over {he kilne at Corneer & ('roft's brici yards, Twenty-fourth and Dorcas streets, tions, and that he 1s not permitted to value. Section 40 of the revénue act provides that the State Board of Equalization shall value nfter 12 o'clock this morning. Whila the firemen were working in reaponse to telephone alarm, someone unne: sounded hox 127 for the same Iitt AMUS) EMENTS, }/ze Governor of Nebraska, his staf and | el | | | Monday Evening, June 17, 7:30 o'clock The party fon, 36c. Reserved en, 1he. for a job settin’ up pins in a bowlin' alley.” will attend the evening concar! by elistedt’s at the Pavilion, 16th and Capitol Ave. will be at the Ak-S8ar-Ben Den at 8:30 p. m Universal satisfaction given by OSWEGO 6 PU R 9 STARGH for the Laundry. {Dr. Mc Crew Speclalist ¥6 years experience—I5 years in Omaha, ; EASES OF MEN ONLY. Variccoe, aputoves, sulctury, slood Diseases in" all stages, Nervous Debility, and all unnatural Weakness. Cures Gual anteed. Charges Low. Hours: § a. m. to & P m. Sund: 84 m. 106 p m Box i Uttice over 213 So. 14th St. beiween Farnawm and Douglas Sté, Omah b THE WABASH // "’ Has its own rails i hor ol est line to d BUFFALO AND THE FALLS. Steprovers giv a1 otk poidks on oIl tickets, % » DR.KAY'S RENOVATOR in-igorates and rezovates t! system; purifies aud coriches the blood: the worst dvepepsia, constipntion, heo ilverand kidneys. 250 and 81 atdruggists Free R advice sample and book, che Dr. B.J. Koy, Saratoga, N. ENOVATO HOTELS. Hasnearly 1000 feet of veranda like the above, A high-clss residential, fourist and tra hotel on the lake shore, 450 outside rooms, 220 bath rooms. Most delightful abiding plac ummer or winter ln the West, 10 minuates by 1ll. Central exp. from theatre and shopping districtof Chicago. Finest hotel on greatlakes with golf, tennis. boating. bathing and fishiny Benc" or handse {llnwr-ated bookle - Under entire New Munagement. HOTEL GKRRARD, 44th St, Near Broadway. NEW YORK. Aby ely Fire Proof, dern tazurious in all its appointments, Centrally Located. American and Eurvopea an. COOL AND COMFORTARL. ' Rooms nsin, J. P. Hamblen's Son AVON INN, VON-BY-THE-SEA, Also C.H.A.0.S. First and Best Fair of the Season. Concert Music # Special Fourth of July Paved Stre r all Coneessions, Reduced Rutes from ¢11 Points. BOYD'S w8, M. BEAR Presents FERRIS STOCK COMPANY TONIGHT—-"TAKEN FROM LIFE." Commencing Thursday night, “CAMILLE." Pricea—10¢, 16c, 20c and 25 YESTERDAY'S CROWDS THE BIGGEST YET—-THOUSANDS ATTENDED K THE BEAUTIFUL K Concerts4 p.m. and | Performances Atternoon The (‘oolest Place In Omaha Band Fawmous” Dog “and Pony AND A BCORE SPi Woodward & Burj ™ Manager s, Tel . oF Oc E Clieus AL ATTRAC- TIONS. If vou can't attend In the aft. ernoon, jump on & Walnut car and run out for an' hour In the evening and enjoy the offerings of the finest resart in the wesi, Be Only—CAR FARE=Only G KINGSFORD'S