Omaha Daily Bee Newspaper, March 26, 1902, Page 5

: TESTIMONY IN THE TAX CASE Qommissioner Fleming is First Witness on the Stand. FRANK MURPHY WILL BE CALLED NEXT Referee Int that Relators Are Entitied to Writ Unless It Can Be Shown that It Would atory. mates The turning point in the tax mandamus ease has come; the argument which be- gan on the morning of March 11 Is at an end, and evidence is now being taken. Tax Commissioner Fleming was on the witness stand nearly all day Tuesday, though for a short time during the forenoon he yielded the chair to Relator ‘George T. Morton. It was given out that Frank Murphy, presi- dent of the street rallway and the gas com- panies, would testify, but a change in the program was necessary on account of the persistent objections of the respondents, which neceseitated devoting more time to Mr. Fleming than was anticipated. Mr. Murphy was present all day, but solely os & apectator. Attorney Mcintosh says he will eall him to the stand the first thing this morning “I shall ask him as to the value of his corporation propert sald he, “but of course, the corporation attorneys will ob- Ject to the question, and I expect the ref- eree to sustain their objections. The only object in calling him to the stand will be to show that an attempt was made to get these facts Into the recerd 1 shall not call the other eorporation officers.” Ryan Outlimes Position. While outlining his position yesterday morning in reference to the admission of testimony Referee Ryan addressed the fol- lowing remark to Mr. McIntosh: *“The only difference between you and me is that you want to go Into the evidence to show wherein there has been an abuse, while I am willing to admit that there has been an abuse. [ don't think it Is necessary to go into that. My present view is that you are entitled to the writ unless it would appear that it would be fruitiess to issue it. Tech- nically you are entitled to it, I am well satisfied as to that, but the point remaining to be decided is, Would the writ, if lssued, be nugatory?”’ The referee had reference to several points which have been brought out by the respondents. One of them {8 that the tax levy is already vold, because not made on the date specified in the city charter, and therefore a writ of mandamus would fot be effective. Another relates to the man- ner set forth in the statutes for afriving at the value of a franchise. The feferee believes this to have been a blunder on the part of the legislators, but notwithstand- ing this he doubts his authority to disre- gard it. Referee Ryan's Ruling. Referee Ryan opened the day’'s proceed- ings by reading a statement of his position in reference to the admission of testimony: 1 have already intimated that the motion which has been the basis for extended arguments In this case will be overruled and in my report I shall endeavor to con- sider the questions thereby presented. The next matter for consideration is what shall be the scope of the evidence to be introduced upon issues of fact. On behalf of the relators it has been assumed that there I8 & necessity that there shall be offered testimony to show that there existed a possibility or, perhaps, a probability that if ‘the board of equalization had not ad: journed, as alleged, competent testimony would have been offered in support of the complaints of the relators. 1 do not think It is necensary to sample the testimony for the purpose of eatablishing the probabllity indicated. Indeed, such a course might be mischievous, for thereby unwittingly I might adopt a course which wouid not be proper with reference to corporate ftan: chises and the board of equalization might follow the same rule adopted by me if the supreme court did not exprs that rule. The question gravity to be lightly tously settled. Here Judge Ryan recited a case in the supreme court in which he acted as counsel and in which it was held that a board of county commissioners could by mandamus be compelled to consider and act upon a complaint, but the court could mot comtrol the board's legal discretion. He continued: 1 do not regard it as necessary at thi time to limit the number of witnesses a to any issue of fact except with reference to the action of the Board of Equalization with respect to complaints against the five public service corporations _described in the alternative writ, as to whicn 1 think six witnesses for the relators and a like number for tne respondents will answer every useful purpose and accordingly the number will "be thus limitea. I cannot anticipate what other issues should be de- termined and they will be disposed of a ‘lhoy are reached In the course of the hear- ng. Mr. McIntosh moved that the number of attorneys for the respondents, when it should come to the examination of wit- nesses, be limited to one. The referee over- ruled the motion. mmissioner Flem Iy repudiate is of too much treated or Incau- Testifies. Tax Commissioner Fleming was called to the stand. For an hour he gave evidence as to various pleces of property in the city owned by the relators, Willlam G. Shriver and George T, Morton, the purpose being to show that they were property owners and taxpayers, and therefore qualified to com- plain of the assessment of the corporations. He refreshed bis memory on these poiat by reference o the tax rolls, which were offered In evidence. Twenty such exhibits were introduced. Attorney Webster objected to this tes timony and cited in support of his objec- tion all of the arguments of the respond- ents agalnst the issuance of the writ of mandamus. The objection w overruled. City Attorney Connell interposed an db- jeotion after each question of Mr. Meln- tosh. His objections were also overruled. George T. Morton w called to the stand. He was asked to explaln why it THE TIME WILL COME. When the Advice of This Omaha Res dent Will Help Yo Very few people are entirely free from backache. It does not take much to de- range the kidneys. A little cold, a strain, stooping positions or hard work, overtaxes those delicate organs and many aches and pains promptly follow. An Omaha citizen tells you here how every kidney ill can be relived and cured. Read about it. Mrs. J. T. King of 1516 North Twenty- elghth street says: “Three weeks before 1 got Doan's Kidney Pills at Kuhn & Co.'s drug store, corner of Fifteenth hnd Doug- las streets I could bardly crawl about the house on account of pain in the small of my back. I wore plasters all the time, but they did me Do good. When sitting or re- clining I could scarcely get on my feet apd I attribute the cause to an accident when 1 fell off the sidewalk, broke a limb and injured my back. Dean's Kiduey Pills at first helped me and flnally disposed of the last attack. It requires very liitle imagination to reason that what bepefited me 80 greatly can be depended upon In the future should recurrences take place.” For sale by all dealers. Price 50 cents per box. Foster-Milbura Co., Buffale, N. Y., sole agents for the United States. Remember the name Doan’s and take no substitute. oy was that the property in the tax rolls ap- peared in the name of Cyrus Morton in- stead of that of George T. Morton. He re- plied that Cyrus Morton, deceased, was his father and that he (the witness) had inherited the property by will. A certified copy of the will was offered in evidence. Mr. Fleming was recalled to the stand “What instructions did you give your deputy assessors when they started out to make the assessment for 19027 asked Mr. Mclntosh. stractions to Deputies. “I instructed them to assess the personal property,” was the answer. “They were to ascertain the fair cash value and then as- wess it at 40 per cent of that fair cash value.” Who assessed the real estate?” aia.” “Was this 40 per cent basis of ment applied to the real estate also It was."” “When it came to assessing the prop- erty of the five public service corporations did you proceed by first ascertaining the fair cash value and then did you assess it at 40 per cent of that falr cash value?’ This question was objected to. Attor- ney Webseter sald: ‘““Three days ago, stand- ing over by that table and in the presence of Mr. Morsman, Mr. Hall and myself, Mr. Fleming said that he had ascertained the falr cash value of this corporation property and that It had been assessed at 40 per cent of that value. Now, It he wants to g0 back on that statement he has three men who will bear witness that he has re- versed himselt.” “I object to the counsel Intimidating the witness,” sald Mr. McIntosh. The referee sustained the objection of Mr. ‘Webster and no further progress was made along the line Indicated by Mr. Mclntosh question. The hearing adjourned for the noon recess. The Afternoom Session. At 2 o'clock Tax Commissioner Fleming was recalled to the witness stand. ““Were the five public service corpora- tions aesessed at 40 per cent of thelr falr cash value?" was the first question of At- torney McIntosh. . Mr. Webster objected to this as calling for & conclusion of the witness. He was over- ruled. “‘They were not,” was the answer. Mr. McIntosh offered in evidence a sched- ule of property and Its value which had been submitted to the tax commissioner by the officers of the street rallway compahy. 1t had been made out on a blank form fur- nished from the commissioner's office. “Did the street rallway company fur- nish you with any data as to the value of its property other than is set forth in this schedule?” he asked. ““Not untll it appeared before the board of review." Mr. McIntosh then read the items from the schedule: ‘““Capital stock, $5,000,000; number of shares 50,000; market value of stock, $2,500,000; {ndebtedness, $2,509,991.63; real and personal property $550,43: “Did you have any definite information as to the length of the company’'s tracks in the city?”’ he asked. “1 did not.” “Or as to the number of its motors or cars?" “Not exactly.” “Did you bave any definite knowledge as to the value of the machinery in its powerhouses “No “‘Or as to the mileage of its tracks out- side of the city?" “Only generall “Did you know that the company is pay- ing 4 per cent dividends on its stock, and has been for more than three years?’ Attorney Webster objected to this ques- tion. “If we are to get at the value of the property at all,” sald he, “this s not the way to do it. The objection was sustained. Vi “What was the aggregate of the assessed valuation of the real estate of the street rallway company for 1902?" wae the next question. “1 belleve it was $76,005." “This schedule shows that you assessed the personal property of the company at $827,000, and that the board of review re- duced 1t to $550,000. What data did you have to ald you in forming that conclu- sion?" “I figured the entire value at $2,500,000. “How did you happen to decide upon that sum?"” ““Well, 1 was in doubt as to which of two authorities would apply in the case. The state revenue statutes told me to do one thing and the city charter told me to do another. The $2,600,000 is & sort of compro- mis You knew that the street rallway com- pany was a golng concern and that It was paylng interest on its bonds?" Mr. Webster objected and the objection was sustained. “Even the assessment you made was ob- jected to before the Board of Review, e of Railway's Realty. tions similar to the foregoing were asked with reference to each of the other public service corporations and similar ob- jections were Interposed. It was shown that the gas company had made a return of $720,000 as the value of its property, per- sonal and real. The tax commissioner had essed the property of the water com- any at $1,000,000, which had been cut to $676,000 by the Board of Review. “Did the board in making that cut make Inquiries as to the valuation of the prop- erty?’ asked Mr. McIntosh. Mr. Webster objected and the objection was sustained. ““Was $575,000 an arbitrary figure, decided upon without reference to the value of the property?" The witness answered that he didn't kpow, as he had had nothing to do with that part of the work. Cross-Exa ination by Webster. This concluded the examination-in-chief. The cross-examination of Mr. Fleming was conducted by Mr. Webster. He asked the witness to compare the corporation assess- ments for 1902 with those of the previous year and the answer was that those for 1501 were higher than those for 1902. “Did you send the same kind of blanks to the street rallway company that you did to the other taxpayers of the city?” “Yes, sir.” “Then you didn't cell for the street rail- way company to testify as to its track mileage and as to the number of its ca “No, sir “So far as that is concerned, them, company didn't m the ead you mnor deceive you? “No, sir." “Don't you know that a large part of the company's tracks are outside of the eity and therefore not llable to taxation in the eit “Yes, sir." “And that the water company’s pump- ing station and the greater part of its property is at Florence? “Yes, sir.” “And that the same is true to a large ex- tent of the gas company and the telephone company ™ The witness sald he was aware of this. “Da you belleve that the values you fixed on these corporation properties is 40 per cent of their fair cash valu Yes, sir; 1 did then." And don't you belleve so pow?’ “No, sir. Since then I have gained ad- ditional information.” “From whom did you get this additional THE OMAHA DAILY BEE: WEDNESDAY, MARCH 26, 1902 information—from the real estate or from Mr. Meclntosh?” “I got it from a variety of sources.” Not Simply Hearsay. Mr. Webster then attempted to have the witness testify that his knowledge as to the returns made by his deputy asseseors was simply hearsay, but the witness re- plied “It is more than hearsay. Many of the returns made were sworn to by the per- sons making them.” This brought on a discussion as to the meaning of the afdavits attached to the blank forms. Mr. Webster maintained that it simply required the maker to make oath that the foregoing was a list of his prop- erty, without reference to the value thereof, in which construction the witness did not agree with him. At 5 o'clock the hearing adjourned to 9:30 this morning. Dangers of Pnenmo: A cold at this time it neglected is liable to cause peumonia which is so often fatal, and even when the patient has recovered the lungs are weakened, making them peculiarly susceptible to the development of consumption. Foley's Honey and Tar will stop the cough, heal and strengthen the lungs and prevemt pneumonia. SHOT STOPS NEGRO FUGITIVE Police End Flight of C. Howa s Acou: ot Pleking Up Another's Money, y Whoe A shot from a 38-callber revolver in the hands of Ofcer McCarty brought to a standstill last night at 10:30 o'clock a negro, who was running on Twelfth streot between Dodge and Capitol avemue. He ran into the of Ofcer Shields, who heard the shot, and was soon landed in the police station. At the same time George Hodeon, who says he Is an expressman, appeared and said that while paying for a glass of beer in a saloon at 111 South Fourteenth street, he accidentally dropped a $5 bill on the floor. An acquaintance told him the negro picked up the bill. When Hodson asked him about it the negro denied doing eo. Hodson went to the telephone and called yp the police station. Hearing this, the negro started from the saloon on the run, followed by Hodson. The latter, meeting Officer McCarty, told him about it and he fired his revolver to frighten the megro. At the station the negro, who sald his name was C. Howard, and that he was second cook in the United States restaur- ant, was searched, and a $5 bill was found rolled up in a handkerchief in his overcoat pocket. He eald the money belomged to him. He was locked up. SLAPPING WIFE COSTS FORTY Ju e Berka Levies Heavy Fine Against Pugllistically In- clined Waiter, Charles Tobin, a waliter, will walt in the city jail several days for pping his wife, Judge Berka having fined him $40 and costs yesterday. The Tobins have been mar- ried two years and Mrs. Tobin testified that it was not infrequent for her to wear black eyes and other disfigurements, owing to the pugilistic abllity of her husband. Tobin admitted the charge of slapping his wige, but informed the judge that he had good and sufficlent reasons. After a trial last- ing about three minutes the fine was im- posed. Not having the necessary money with which to pay up, Tobln was sent to Jail FUNERAL OF = MRS. M'CAGUE Services Will Be at Central United Presbyterian Church Thurs- day Afternoon. The funeral services of Mrs. Thomas Me- Cague will be held at the Central United Presbyterian church, Twenty-fourth and Dodge streets, at 8 p. m., Thursday, March 27. A short service will be held at the residence for the immediate relatives of the tamily at 2 o'clock. Interment at Prospect Hill cemetery, Mortality Statistics. Births—Perry Pinney, 2016 Spencer, boy; L. O Perley, 1678 Bouth Thirty-second, girl; John Olson, 4219 North Twenty-fourth, rl! ® Deaths—Viola Brooks, 198 South Elev- enth, 1; Elizabeth A. Brown, 3123 Burdette, 46; Baby Louls J. Oimsterer, 686 Dominion, 14’ months; Henrletta M. McCague, 42 South Fortieth, 60: Mary Pace, 111 South Fourteenth, 1; Elzabet Young, county 7; Minnle Fredlund, !Vl-e Me- pita 1 LOCAL BREVITIES. The members of the Custer Woman's Rellef corps gave a soclal last night in Redmen'’s hall at which everyone present had a delightful time. Refreshments were served. The women of the Southwest chapel will glve an Easter supper and bazaar at the chureh, ‘corner Twentleth and Leaven- worth 'streets, next Friday evening from 6 to 9 o'clock. A jury has found Charles Harvey guilty of breaking and entering in the night sea- son. He 18 a colored boy, tried yesterday for having taken harness from the stables of Morris Rosenblatt. Responses to the cards sent out by the finance committee of Ak-Sar-Ben, soliciting subscriptions for the carnival were gone over last evening at the Omaha club and the committee expressed satisfaction at the sums promised. Prep‘nlorr to the trial of the injury sult of Maria A. Fear against Ward M. Judge Slabaugh has ordered the to submit to a medical examina- tion by Dr. McClanahan, that the extent of her injurles may be ascertained. Richard Swift and Bernard Lucky have secured the release from Jjail of John Broderlck by going his ball for f100. Broderick and Joe Hennessy are the South Omaha boys accused of assaylting Annie Wessenberg. Hennessy was released under similar bond some days ago. County Attorney Shields has stated that he will sign a consent to the release of Frank Willlams, who, with Robert Limer- ick, held up the rooms over Cole's saloon January 24. The reason given is the same as that submitted when Limerick was re- leased last week—lack of anyone who will confess ownership of the money taken. General Manager David Neale has made a report to the Omaha Anchor Riprap coi y from the scene of last year's work n the south on the Mississippi and Ar- kansas rivers that every point is standing the test of protecting the river banks well, The company has been doing work in five places, several of them where other meth- ods have been tried before without suc- cess, and expects to branch out further the coming season. The Retall Grocery Clerks' and the Meat Cutters' unions gave a smoker in Myrtle hall last night that was a smoker. A large number attended and spent & pleasant evening getting acquainted with one an. other and listening to good talks and good music and getting on the outside of good refreshments. Those who spoke were: A. M. McDermott, C. E. Smith, George Kleff- ner, J. J. Kerrigan and others. All talked of the unions and labor problems. As a result of Mayor Moore's visit to the police court and the city jail yesterday afternoon, that institution” will likely be repainted inside and out and generally re- paired. The black, white and yellow of the court room is to be changed to one color and the ragged window curtains are to be replaced by shades in keeping with {he importance and dignity of the place Mayor Moores broke the news to Judge Berka after a careful look over the huxls- and the court immedfately took a se for three minutes to express his approval of the mayor's idea PERSONAL PARAGRAPHS. H. W. Brown of Chicago is at the Millard. Miss Nellle Dunne of Kansas City is a at the Millard. George Canfield and Miss 4 of Sheridan are at the Millard. Miss Mark and Miss Wolff of Union, Neb., registered at the Millard yesterday. W. G. Colling, tormerly connected wi Marshail, Fleld & Co. of Chicago, is now resident of Omaha, in the employ of the W. K. Beanett company &a window dresser, Lizzie **| GENERAL OTIS IS RETIRED | Returns to Private Life After Forty Years of Oontinuous Service. RECEIVES PRAISES FROM WAR DEPARTMENT w Be Succeeded in Department of the Lakes by General Arthur MacArthar of Colorado Statio) WASHINGTON, March 2 ajor General army today by reason of age and will go into retirement. He will be succeeded in command of the Department of the Lakes at Chicago by Major General Arthur Mac- Arthur, recently in command of the De- partment of the Colorado at Denver. The War department has paid an unusual tribute to General Otis in issuing a gen- eral order reciting the distinguished serv- ices of the officer, not only through the civil war, but in his management at Manila. | The order recites President McKinley's congratulatory messages on the occasion ot his suceess over the Filipinos at Malalos and when Manila was captured. In conclusion Secretary Root says: “General Otis goes into retirement with & consclousness of duty well done during forty years of continuous and exceptionally meritorious service, which entitles him to the gratitude and best wishes of his coun. trymen." Glad His Service ix Over. CHICAGO, March 25.—General E. €. Otis today turned over the command of the Department of the Lakes and the Depart. ment of the Dakotas to Colonel McCaskey of the Twentieth infantry, who will remain fn charge until the arrival of General Arthur MacArthur. General Otis will remain two more days in Chicago before leaving for his home in Rochester, N. Y. Mrs. Otis and the general's three daughters, who have been traveling in the south, will join him there. “I am glad to be retired,” said the gen- eral today. “I've been a long time in the harness and am ready for a little leisure. ‘When I feel like work I have enough pri- vate business to keep me interested. I will not travel. I've had enough of that. 1 won't even write a book."” General Otis is in excellent health, de- spite his sixty-four years of strenuous life. To New York via Niagara Falls. A most attractlve and pleasant trip it made via the Lehigh Valley Railroad. Solld Vestibule Trains. Dinlng car service a la carte. Stop-over allowed at Niagara Falls on all through tickets to New York and Philadel- phia. DEATH OF E. W. BARTLETT Mental Trouble Brought on by Loss of Wife the Cause of His Demine. E. W. Bartlett died at his home, 3334 Manderson street, yesterday, after an fliness of about a month. Mr. Bartlett came to Omaha about 1884 and entered the firm of Klopp, Bartlett & Co, with which he continued until the time of his death. He was a member of the Masonie fraternity and bad a large circle of acquaintances. The death of Mr. Bartlett was the result of eoftening of the brain. His wife dled about a year ago, and her”death so af- fected him that he has been unable to transact business for several months. A few weeks ago a curator was appointed for his estate and he was placed in charge of physicians, who found themselves helpless in dealing with the discase, which made rapld progress. There survives him one child, a daughter. JOHN HEIBEL FOUND DEAD May Have Fallen from Ladder Upon ‘Which He Stood While Working. Jobn Helbel was found alongside the residence of John Wallace at 2522 Poppleton aveuue, where he had been engaged In removing storm windows. He was lying at the foot of the ladder. His death may have been due to a fall or to heart fallure. No bruises were found on the body and a hasty examination did not disclose any signs of violence. Helbel lived at Twenty-eighth and Hick- ory. His body was discovered by a passerby named Bennett. The coroner has taken charge. dead yesterday A Severe Cold for Three Months. The following letter from A, J. Nusbaum, of Batesville, Ind., tells its own story: “1 suffered for three months from a severe cold. A druggist prepared me some med!- cine, and a physician prescribed for me, yet I did not Improve. I then tried Foley's Honey and Tar, and elght doses cured me.” Refuse substitutes. ATTACKED BY A MAD BULL Sheep Buyer Sustains juries at Stock Y South Omaha. Serious ds in In- Charles Auld, head sheep buyer for the Cudahy Packing company at South Omaha, was attacked by a bull ln the stock yards yesterday and seriously injured. It is feared that he has suffered internal in- juries. The bull rushed upon him in one of the alleys and gored him in the pit of his stomach. He was finally thrown be- hind a post, which doubtless saved his e, Cleveland Goes to Florida. PRINCETON, N. J., March %.—It was learned here today that ex-President Cleve- land, accompanied by Prof. John H. Fin- ley and Dr. J. D. Bryant of New York, will leave tomorrow on an Easter pleasute trip to Florida. They will be gone a week or ten days. Pheumatism The liniment bottle and flannel strip are fam- iliarobjects in nearly every household. They are the weapons that have been used for generations to fight old Rheumatism, and are about as effective in the battle with this giant disease as the blunder- buss of our forefathers would be in modern warfare. Rheumatism is caused by an acid, sour con- 1t is filled with acrid, irritating in the joints, muscles and nerves, and liniments and oils dition of the blood matter that sett] TEN TRAINS FOR ROCK ISLAND New Cars for lt:lt Service to Cost Two Milllon Dol Inrs, CHICAGO, Mareh 2 tomorrow will say The management of the Rock Island road The Record-Herald practically has d mined to spend in the neighborhood of $2,000,000 to build ten new trains for the Chicago-California service through El Paso. The new trains will be delivered to the Southern Pacific at El Paso and there Southern Pacific crews will operate them. An agreement . | whereby through trains can be run has been E. 8. Otls closed his active career In the | 1o, 10q petween the trafic officials of the two companies, but it is stated that the trains will not be put into service until next fall. The ten complete trains that will be constructed will be for use in con- | nection with a full vestibuled limited similar to that in operation on the Santa Fe and Northwestern routes, HAWLEY ENTERS NEW FIELDS in Col- Secures Controlling Intere orndo & Southern Rallway Com- pany for Himself. NEW YORK, March 25.—The Journal ot Commerce tomorrow will contain an au- thoritative statement that Edwin Hawley and his associates have secured a eontrol- ling interest in the Colorado & Southern Rallway company. This control was se- cured through purchases of stock in the open market Mr. Hawley is now president of the Min- neapolls & St. Louls Rallway company, and the Jowa Central. He was for many months assistant general trafic manager of the Southern Pacific, but resigned that position only a few months ago. It is understood, the Journal of Commerce will say, that the new owners of the property are acting for themselves and not for any other interest. CANCEL FREIGHT CONTRACT Railroad Men Forfeit Heavy Trafile Result of Projected Injunctions, CLEVELAND, 0., March 25.—General freight agents of the lines of the Central Freight assoclation have been traveling from city to city during the last five days’ cancelling contracts, amounting to thousands of dollars, for the movement of frelght. A railroad officlal said today that for the first time in his experience of long service with railroads there {s not, to his knowledge, a cut rate or case of discrimi- nation in existence. The scare created by the wholesale prosecution of lines for dis- crimnation is most complete and effective, he said. Makes Inspection of Choctaw. GUTHRIE, Okl, March 25.—Vice Presi- dent Warren of the Central rallroad of New Jersey is making a tour of inspection of the entire Choctaw system. One report states that it is the purpose of the purchase of the Choctaw by his company and an- other that the New Jersey company is to take the $13,000,000 extension bonds re- cently voted by the Choctaw. Don't Accept Counterfelits. For piles, skin dlseases, sores, cuts, bruises, burns and other wounds mothing equals DeWitt's Witch Hazel Salve. Don't accept courterfeits. None genulne except DeWitt's. *1 have suffered since 1865 with protruding, bleeding piles and until re. cently could find no permanent rellef, says J. F. Gerall of St. Paul, Ark. “Finally 1 tried DeWitt's Witch Hazel Salve, which coon completely cured me.” FUSION- IS DECLARED OFF Populists and Democrats in Kansas Fail to Unite After Pro- longed Attempt. TOPEKA, Kan., March 25.—The populie state ceatral committee tonight issued a call for a state convention to be held June 24. This is the outcome of months' of me= gotiations with the democrats, trying to make a fusion agreement. The state com- mittees of the two parties have been in joint session here for two days in a last effort to secure harmony and tonight fusion was formally declared off. Each party will now nominate a ticket. Calderhead CLAY CENTER, Kan.,, March 25.—Con- gressman Willlam A. Calderhead was re- nominated by acclamation here today by the republican convention of the Fifth district. United States Senator J. R. Burton ad- dressed the convention. Japanese Women on Wheels. WASHINGTON, March —A dozen high school class Japanese women of Tokio have organized a bicycle club. PARKS NO PLACE FOR GAME Commissioners Begin Crusade Against at Resorts. Hunters Pleasure The Board of Park Commissioners is gun- ning for gunners who gun in the park It has apprehended two of them, in the pers sons of A. McBride and Frank McBride, aged 14 and 16, one of whom was arrested by special officers and the other by a police sergeant, and both of whom are at the police station, with a prospect of belng bound over. E. J. Cornish of the board has some re- gret that these boys, who are orphans, should be the first victims of the new vig- ilance, but he states that there is good prospects of their not being the last. Frank and A. McBride were tried in po- lice court yesterday afternoon on a charge of sssaulting and attempting to cut Spe- cial Officer Roupp, and were bound ov to the district court. The boys were leased on their own recognizance. {- \ nor anything else applied externally can dislodge these gritty, corroding par- ticles. They were deposited there by the blood and can be reached only through the blood. Rubbing with liniments sometimes relieves temporarily the aches bl ln:xrlms, but these are only symptoms; the real disease lies deeper. The and system are infected. Rheumatism cannot be radically and perma- nently cured until the blood has been purified, and no remedy does this so thoroughly and promptly as 8. S. S. SSS stream of rich, strong blood to the affected dissolves and washes out all foreign materials, and the sufferer obtains happy relief from the torturing pains. S. 8. 8. contains no perfect vegetable blood purifier and most exhilarating It neutralizes the acids and sends a arts, which potash or other mineral, is a tonic. It relieves pain and builds up the exhausted vital forces at the same time. Our physicians will advise, without charge, all who write about their case, and we will send free our special book on Rheumatism and its treatment THE SWIFT SPECIFIC CO., Atlanta, Ga. MARCH THE MOST TRYING MONTH IN THE YEAR. After the long, tedious strain of winter, the evere March weather s v y trylng to the run-down system. Be particular to keep your blood rich, your clroulation in perfect condition, and your entire system fortified aguinst dlsease and the changes- ble climate. Duffy’ Pure Malt Whiskey, the world's famous spring medicine 18 o gentle, invigorating stimulant and tonle, w hich bullds new tissue, tones up the heart, aids digestion, stimulates and enriches the blood, Invigorates the brain and kills dis- ease germs. A tablespoonful In half a glas & of milk or water three times & day will keep the body strong and vigorous and free from all dise It prevents and cures coughs, colds, bronchitis, asthma, catarrh, a nd consumption by stimulating the blood and keeping the entire constitution in & no rmal and healthy condition, ment for any of these diseases is of no v out disense. 1u e, WELL AND HEARTY AT 86 Gentlemen your Malt Whiskey, and find that it braced Dec me up in my old age and infirmities and keeps me well and hearty. (I am nearing Dufty Malt Whiskey Co Local treat- Build up the system and you will drive |years as a tonlc, and find It invaluable. J. 1 have used considerable of BELL, 3408 N. 2nd St., Philadelpbla, Pa., 1901 TONIC AND FOOD ~We always have my 86th year.) W. 8. NEWMAN, Canton, Duffy's Malt Whiskey in our house since Pa., Dec. 8th, 1901, INVALUABLE TONIC. ‘Lhn doctor's advice to use it as a medicine |and tontc and food. Sirs:—I have used your whisgkey for four | Fidelity St., Reading, P WM. H. BLEW, 1210 . December 19, 1801. DUFFY'S PURE MALT WHISKEY Duffy's Pure Malt Whiskey is the only whiskey recognized by the government as a medicine; this Is a guarantee. See that “The Chemist's Head" is on the label, and that it is in our patent bottle, with the name “Duffy’s Malt Whiskey Co,” blown on the bottle. This is the only way the gen- uine 18 sold. If offered in bulk or in flasks it 1s & fraud. The genuine is sold by drug- gists and grocers or direct at $1.00 a bottle. FREE—Two game counters for whist, euchre, etc., on receipt of 4 cents in stamps to cover postage. DUFFY MALT WHIS- KEY CO., Rochester, N. Y. Valuable medi- cal booklet free. A 0. L. Potter, A. M,, ST of Virginia” InUric Acid Diathesis, Cout, Rheumatism, ==\ Albuminuria and Bright's Disease. M. D., M. R.C. P., Zondon, Professor Principles and Practice of Medicine in the College of Physicians and Surgeons, San Francisco, in his handbook of PHARMACY, MATERIA ICA, and THERAPEUTICS, a textbook in man of the ludlns Medical éolhguol the country, under the head of “ALBUMINURIA,’ page 6oo, 7th edition in the & citation o|7 remedies, say mmm of Virginia, is highly recommended."’ Under the head of ““CHRONIC BRIGHT'S DISEASE,” '(m g?:l.‘::'vm’n‘l:lzum of remedies, he says: ‘‘lineral has many advo- m l.ll'l'lllm Dr. G ze 6o1, same edi- Waters, ESPE- of Virginia, which cates. M. Hammond, New York, Professor of Diseases of the Mind ami’”mu: System in the New York Posi-Graduale Medical Coilege and Hospital: Sprin; " inQout and Rheumatism is high| WMMemm. * 5 E o all cases H Bright’s Disease of the great. Kidneys, 1 have found DUFFALO LYTHIA WATER ¢, " Vi in increasing the quantity of urine and in climinating the albumen No. 1 is both a NERVE and a BLOOD TONIC, and in PALE, FEEBLE, and ANAEMIC SUBJECTS is to be preferred. of these symptoms No. 2 is to be preferred. In the absence is for sale by Grocers and Druggists generally Testimonials which defy all imputation or question sent to any address, Hotel at Springs opens J: PROPRIETOR BUFFALO LITHIA SPRINGS, VIRGINIA 15th. ILLINOIS Cheap Rates to Minn and North Dakota. On March 4th, 1th, 18th and 25th, April 1st and Sth, especially low one way rates will be made to_nearly all oints in MinneSota and North Da- ota. THE GREAT NORTHWEST. Every day during March and April, spe- clnlvl’aylel Yw 1 b' in effect to points in Montana, ldaho, Washington, Oregon, ete. THE ILLINOIS CENTRAL RAILROAD, being the shortest line and operatin morning and evening train Paul, where direct connections are made with all Western lines, offers unexcelled faclli- tles for reaching - these points. Full particulars cheerfully given at City Ticket Office, No. 1402 Farnam St., or write, W. H. BRILL, D. P. A. lilinois Central R. R., Oma Neb. SIOUX FALES SI0U% ey OMAHA , NEW ORLEANS HEAD NOISES? ALL CASES OF DEAFNESS OR HARD HEARING ARE NOW CURABLE by our new invention. Only those born deaf are incurable, HEAD NOISES CEASE IMMEDIATELY. Gentlemen ; — Being entirely cured of dea{ness, thanks to your treatment, & full history of my case, to be iscretios About five years ago my right ear began to sin my hearing in ¢ r entirely. . A. WERMAN, OF BALTIMOR SAYS E, Md BALT March 30, 1ge1. will now give yot and this kept on getting worse, until I lost I undefwent & treatment for catarrh, for three months, without any success, cone ilted a num- ber of physicians, among others, the most eminent ear specialist of this city, who told me that only an operation could hel Then casel but the hearing in 1then saw your advertisement me, and even that only temporarily, that the head noises would in the affected ear would be lost forever ccidentally in a New York paper, and ordered your treat: ment. After I had used it only & few days according to your directions, the noises céased. aud to-day, after ive weekn my hearing in the diseased ear has been entirely restored. heartily and beg to remain ery truly yours Ithauk you . A, WERMAN, 730 8. Broadway, Baltimore, Md. Our treatment does not interfere with your usual ocoupation. and ree. Ezaminat| advice YOU CAN CURE YOURSELF AT HOME ata nominal cont. INTERNATIONAL AURAL CLINIC, 596 LA SBALLE AVE., CHICAGO, ILL, Deputy State Vetertnarien, H. L. RAMACCIOTTI, D.V.S.| CITY VETERINARIAN. O@ae and 3 n-m Mason ‘) FEMALE reat mouth! il Tausy, Pennyroyal; pot a single fallur obstinate cases Sherman & McConns XL This signatare Laxative EAN y ilev 1 & few is on every box of the genuine Bromo-Quinine Tsbiets the remedy that cures & cold in one day.