Omaha Daily Bee Newspaper, March 28, 1902, Page 3

¢ ) THE OMAHA DAILY BEE: FRIDAY MAKUH 28, 1Y STEAL MOTHER'S BURIED GOLD 8krabel Brothers of Gage Uounty Discovered by Hired Man, BONS DIG UP THE WIDOWS SAVINGS Donfeas After Detective Disguised a Tramp Finds Out Thelr Secret— Both Locked Up In ) Beatrice, | BEATRICE, Neb., March 27.—(Special Yelegram.)—About two months ago Mrs. Josephine Skrabel, a widow Iliving five miles northwest of Odell, this county, had » small fortune stolen from her, which was buried under a hencoop on her farm. The pxact amount was $2,820. When It was found that the momey was missing sus- lclon polnted to Mrs. Skrabel's two sons, ank and William, the latter married and living on a farm near his mother. Recently a detective named Moser went to work for Willlam Skrabel for $ o month and board. He was dressed as a tramp and since going to work has kept watch of the Skrabel brothers. Last even- Ing he sueceeded in unearthing $530 in gold hnder an old building on Willlam's ferm. Both the Bkrabels were arrested and brought here today. They confessed to Bteaiing $3,700 and say they left $120 In | the stons jar which contained the hidden | greasure. They told where the balance of | the money could be found, and Sherift Wad; | @ington left this evening for Odell to re rover the remainder of the amount stolen. Mrs. Skrabel wants the sons prosecuted for the theft. Their preliminary hearing will be tomorrow. Both are In jail. ADMIT GRAND ISLAND CRIMES Wohn Patterson and Charles W, Confess to Extortion and to Holding Up Clitizens. GRAND ISLAND, Neb., March 27.—(Spe- ®lal.)—John Patterson and Charles Walling, wrrested for impersonating detectives and extorting money from Henry Sander and endeavoring to do so from William Linde- man, owners of resorts managed on the club plan, were yesterday afternoon put up to a sweatbox process by County Attor- mey Horth, with the result that they are well on their way to the penitentiary. The prosecutor not only secured the confession ©f the men that they were guilty of this prime, but also that they were the two masked men who held up Dick Nietfeldt one evening about two weeks ago near the Unfon Pacific shops and relieved him ot $23 in cash and a certificate of deposit for 8300 on the First National bank of this city. When well Into the case holdirig up Sander for $10, the prosecutor turned to Walling and asked: “And wasn't he (designating Patterson) helping you fn the hola up of Dick Nietfeldt?” Walling ad- mitted that he did and Patterson also con- feesed. The men were arralgned in the county court an hour thereafter on the charge of highway robbery and pleaded wullty. CHARGED WITH BURNING HOUSE R. M. Ball on T Sett 1 on Ace: & Fire to Clafiin Dwelling. o RUSHVILLE, Neb., March 27.—(Speclal.) »District court convened here Monday with 217 clvil and four criminal cases, Judy Harrington preelding. The jury was called Yuesday and the first case, the State against R. M. Ball, Is now on trial. R. M. Ball ts charged with sctting fire to the house of Charles W. Claflin, a farm laborer and cow- boy, while he was away to bring home his wife. The house and contents were burned to the ground February 6, the place whers this occurred belng in a sparsely settled district in the northwest corner of the county known as Sheridan Gulch. Robert M. Ball, the accused, is an elderly man and a surveyor, and it is alleged that he had some trouble with Clafiin, wha is a goung man, and wanted to rid the neighbor- *hood of him. DEEP SNOW IN RUSHVILLE Welght of White Blanket Carries Down & Barn and Buries Live Stock. RUSHVILLE, Neb., March 27.—(Special.) F. Walker chief of the department. ~After three davs of almost continuous Tain this country woke up yesterday in the &rip of a heavy snowstorm, the worst of Its Xind this year. The telegraph and tele- phone wires are down in every direction and the snow, of the heavy, wet varlety, clung temaclously to everything. One hun- dred and seventeen telegraph poles are re- ported down between here and Hay Springs. A stable in Rushville collapsed under the welght of snow, burying two cows, a team ©f horses and two calves. They were all ultimately rescued, belng dug out with shovels and the boards being torn up to re- Jease them. A heavy thaw has since set In, with a strong wind from the north. Stanton Rew: ul Princips STANTON, Neb., March 27.—(Speclal.)— WAt the annual meeting of the Board of Ed- ucation of this place Iast night for the elec- tlon of teachers the present teachers were retained with but two exceptions, and these two were not applicants. Those retalned are: Prof. H. E. Mason, superintendent; Miss L. Belle Rice, asaistant; Miss Carrie Ley, F. J. Teyegherm, Miss Eunice Cham- berlin, Mrs. Sarah Crane. Vacancles exis: in tho grammar and third rooms, caused by the resignations of Miss Campbell and Miss Beebe. two valued teachers. These will be filled later. The election of Pr.f Mason as superintendent is for the fourth year. The Stanton schools under his man- sgement are In excellent condition and doing Kood work. Ashland Farmers Get Telephones. ASHLAND. Neb.. March 27.—(Specal Farmers in the vicinity of Ashland woon to be supplied with telephone service. 0. BE. McClean of Loulsville has been here this week in the Interest of the Independent Telephone company of Plattsmouth. A line|thought and composition. {in the contest. will be run ten miles south and within four miles of Murdock tended on the county line road west town, making connections with the from Wahoo, Over 200 telephones wiil b: put In to connect with Ashland. be begun as soon as the material arrives. LINCOLN HEARS FROM TOPEKA M. Bain is s Ex- A line will also be ex- of Report from Thom the Kan Capit tremely Dry. (From a Btaft Correspondent.) LINCOLN, March 27.—(Spectal Tele- gram.)—Thomas H. Bain of Topeka spoke in 8t. Paul's church tonight on the suc- cess of prohibition in that city. He said that 6o far as known by the police and the public there are no saloons or joints in Topeka and he thought the same condi- tion would prevall in Lincoln under pro- hibition rule. The city counctl will hold another spe- clal meeting tomorrow to consider the lquor occupation tax ordinance, but there is slight prospect that the measure will Dass. An order will soon be issued by the ad- jutant general for the inspection of the battery of artillery at Wymore. It was sald at the military headquarters this aft- ernoon that the inspecting officer would ex- amine not only the general condition of the organization, but would also investi- gnte charges that have been preferred against several of fts members. This ac- tion grows out of the dispute that occurred teveral months ago ever the election of a captain. Date of the tnspection will be an- nounced later. North Loup G for Rain. NORTH LOUP, Neb., March 27.—(Spe- cial.)—After nearly a week of cloudy threatening weather with several light, misty showers it commenced ralning in earnest Tuesday afternoon and for four hours it ralned steadlly, followed in the evening by several good thunder showers. Nearly two inches of water fell. Winter wheat and rye came through the winter in fine shape. Farmers in this part of the country will sow little spring wheat on account of the damage done last season by chinch bugs, fearing a repetition of the same this year. Settles Bill of Exceptions. PLATTSMOUTH, Neb., March 27.—(Spe- clal.)—Hon. John C. Watson of Nebraska City was in district court today and set- tled the bill of exceptions before Judge Paul Jessen In the case of Jomes against the Duff Grain company. This case was tried in district court here last November and the plaintiff received a judgment of $1,200. Judge Jessen required the plaintift to remit $500, leaving a verdict for $750, and from this decision the defendant ap- pealed to the supreme court. Two Inch of Rain at Shelton. SHELTON, Neb., March 27. (Special.)— This part of Nebraska was visited by the heaviest fall of rain since early last fall. More than two inches of water came down, the ditches are full, great ponds are in the low places and the ground is thoroughly soaked. No spring for a number of yea hes opened up so early and promises weil for small grain. Pastures are already com- ing with grass. Some flelds of oats are mow sown and farmers are ready to push spring work rapldly. Funeral of Mrs. French. TRENTON, Nel March 27.—(Special Telegram.)—The funeral of Mrs. Florence Freach, wife of Prof. French of Orleans, was held here today. Rev. Bascom of Co- zad, Neb., oficiated. The body was brought here from Orleans. She was the second daughter of Mr. and Mrs. N. T. Jones, who resided at this place. She married Prof. French about a year ago, he being princi- pal of the Trenton school. They then moved to Orlean St. Paul Seak and Rejolcl ST. PAUL, Neb., March 27.—(Spe- clal.)—The dark, cloudy weather prevailing for the last five days terminated in an old- fashioned thunder storm, accompanied by a fine rain. The rainfall amounted to 1.40 inches and is a blessing for fall grain and puts the ground in fine conditlon for spring work. Firemen Want Walker for Chlef. BEATRICE, Neb., March 27.—(Speclal Telegram.)—At a special meeting of the fire department tonight a resolution was adopted, asking the mayor to appoint John The mayor refused to make this appointment at the council meeting Monday night. Kearney High School Contest. KEARNEY, Neb., March 27.—(Special Telegram.)—At the annual High school declamatory contest for the selection of a candidate to represent the school at the district contest at York last night, first honors were won by Miss Lela Haskell and second by Miss Nichol Has Wet Leaves. ROSELAND, Neb., March 37.—(Special.)—~ This vieinity was visited by an old-fash- foned soaker yesterday afternoon and even- ing. The rain gauge shows that 7% inches of molature fell. Fall wheat looks fine, especially the late sowing. Heavy Snow in Black Hi DEADWOOD, March 27.—(Speclal.)—8ix- teen inches of snow fell in the northern Black Hills in sixteen hours and traffic is nearly all at a standstill again. It Is the heaviest snow of the year and falling with no wind, it remained where it fell instead of being blown into drifts, as it does ordinarily. There were numerous cases in Deadwood where thirteen to four- teen Inches of snow were measured on four-inch secantling. The people of Dead- wood are fearful that a rain may follow the snow and produce a flood. Roy Me! for kton. YANKTON, S. D, March 27.—(Spectal Telegram.)—Roy McClennan of Madison, —18. D., won first place in the Yankton college Joratorial contest last night and will resent the college in the state contest. His subject was “Ruling Motives in History.” He secured first from all the judges on There were five rep- Crescent made Boys' Clothes are to be had in Omaha only »f Havden Bros. Iine | Work will | at | | J— Governor Bavage Outlines His Policy as to Nebraska Corporations. #‘CHANGE IN EXISTING LAW P:OPOSED Ixn-. ® Will Advise Altering Statate to Permit of Counties Making Assessmen for Loecal Taxation. In the Chicago Chronicle of yesterday ap- pears the following article from a Nebraska correspondent Governor Savage, candidate for the re- publican nomination for next term, is pre- paring to give the republican officeholders and politicians a chance to stand on his own platform, with the alternative of get- ting clear off the earth if they do not like Wi maieriai out 0. which the principai plank is made. The governor will put in operation a plan he has had under contem- piation for several gonths by which he Wil force the republican state treasurer and the state auditor to agree to reverse the republican practices of thirty years and levy a tax on the rallroad property of the state in proportion to that put on other property. The fact that such a thing is to be done by the governor has become known among the politiclans of his party and has also come to the ears of the rallroad people, and the condition of uneasiness that exis in these circles is all the more intense be- cause it 1s not advisable to have it talked about generally, The fact thal the governor will take this step and that he has decided to do so after several months of deliberation as to the manner In wnich he would do it has been known to a small circle of his closest friends and to the chief managers of t rallroads for a week or two, but it is not known that the precise method of, proce- dure down to the minutest detail has been arranged by Bavage. Such, however, said to be the fact and his method of e: ploding _the mine under the republican state officeholders will be this: Proposes to Ralse Valu When the state board meets on May 15 to fix the valuations of the rallroad prop- erty in the state for taxation for state, county and municipal purposes - Savage will, a8 a member of that board, submit & proposition that the valuation per mile of the property of all the rallroads in the state be raised. This board d of the governor, the state treasurer and the state auditor and is created by an act of the legislature. The governor will point out that the equitable assessment of rallroad property in the state has been the avowed policy of all political partles for many years and that the vast majority of the voters of the state have honestly favored such action and looked in vain to the men elected to office to accomplish the reformation. The political party platforms have dealt ih gen- eral phrases and the men elected to office on these platforms have not found the way toghut Into practice the changes promised. Savage will point out where in the old days, ten or twelve ears ago, & rallroad line was assessed at 35,000 a mfle it is now assessed/at only $3,400 a mile, and that at the time when the higher assessment was made it was but a short stub line, newly bullt, rough and raw as the new rallroad Acrofs (he prairles in those davs usually were, and that since that time it has been extended until it is not only an important part of a great system, but stretches hun- dreds of miles into the mountains of the west. There have been put in depots, side- tracks, warehouses, heavy steel ralls in place of the fragile iron strips that first were used, the country has developed along the line and factories and villages, towns and citles have sprung up, in all ot which the rallroad has acquired property which has added largely to the general value of its original holdings. Savage, in his prop- osition to the state board to raise tho as- sessment, will call attention to the fact that when this particular plece of rallroad property was assessed at $,000 & mile there was on the board at least one state officer who was by general understanding the direct representative of the raliroads and they would be reasonably supposed to get a low assessment under his supervision. The governor will submit that it is not in accordance with pledges fairly to distribute the burdens of taxation to reduce this pa: ticular assessment and others of railroads which are in practically the same condition of having been made lower while all other Droperty was incroasing in valie. The gov- gruor's proposition to the board will be that all railroad assessments in the state be raised with o specific designation of the uation for taxa- amount at which the tion of each shall be fixed. ‘Wants the Law Oha: This will not be all put up to the board, wi members are the responsible servants and representa- tives of the republican party in Nebraska, He will announce in the same manner that he regards @ unjust, unfair and as work- ing a great hardship to the several coun- tles and municipalities of the state the rule that permits the board of three state officers to sit at Lincoln and fix the valua- ton of taxation for local purposes of the Tailroad property in the countles. He will declare his determination to recommend to the next legislature in his biennial message that the proper steps be taken to change this law 50 that the state board will be permitted to assess only for state taxation and that the county boards of the several counties be permitted to mssess the rail- road property in their countles for taxation for local purposes. This will put the whole rallroad assessment question right up to the republican party through its state offi- cers and members of the legisinture, The unheard-of action of Bavage, a re- publican governor, taking such a step has created consternailon among the few poli- ticlans of that party who are aware of his determination. The method he purposes to pursue will make of the question u square ssue which must be met first by the two other republican members of the state board Theso two members will, it Is pre- cted, vote agalnst Savage's proposition. The matter will be then of fecord, Rowaver, and the full statement of Savage's position spread on the minutes of the proceedings of the board. It will be public property and from the intense feeling which has two ged. the governor will or three times in the last fifteen years been aroused among the farmer voters over this very question the politicians know that & stormy time is ahead. The party or the candidate that refuses to go on record will have to give an account to the voters themselves. There are among the republican politiclans a large number who have made successful careers on their protestations of independence of raflroad control, and at the conventions worked in some glittering generalities that served to ive them credit with the antl-monopoly ‘armers, but which did not bind the officials elected by their party to any definite plan of remedying the things the farmers com- lained of. This failure to act could be lald on some scapegoat and the game went beautifully on for many years. May Secure Positive Action. The prospeet of the manner in which Governor Savage Intends to cut off all re- treat into these bypaths that lead round positive action leaves these men in a de- plorable condition. It is doubtful if they can be made to vote agalnst the proposition when It comes up in the state convention. To vote for it would be to indorse Savage's reform measure, and it would be hard to take his measure and reject the man him- self. To vote against the proposition would be to cut loose from all pretense of being anti-monopolists. 1t 1s & hard problem Savage prepares. The adoption of Savage's platform will gain the support of the old-time farmers’ alllance men and anti-monopolists, but what will the railroads do? That s the question the republicag politicians are ask. ing themselves. Success without the sup- fore of their anti-monopoly contingent is mpossible. Governor Savage has been candidate for nomination as governor since he succeeded to the office upon the election of Governor Dietrich to the United States senate. His friends declare that he would not accept the nomination If the repub- lican convention offered it to him without opposition unless the positive pledge of the party platform to the reformation in the method of assessing ratiroad property wero agreed to. He insists on having his ows platform to stand upon vage has had a bitter fight on his ince he paroled former State Trens: urer Bartley and afterward pardoned him without condition. The action of the last republican state convention in censuring the act of paroling the prisoner resulted in Savage sending him back to the peni- tentiary. After that the full pardon’ was insued and Savage's enemies ' have con- tinued thelr fight inst him, in which nezrly all of the republican papers of the state jolned. There are a dozen other can. didates for governor, either openly in the fleld or in prospect. who would like to ge the republican nomination Anti-Savage Men Active. The enemies of Savage scored at the re- cent meeting of the state central commit- tee when they fixed the date of the nomi- pating convention for June 18 = Never be- fore do the politiclans recollect so early a meeting. Nebraska is largely a farming community and this date falls in the middle of one of the busiest times on the farms. The obvious result will be that it will be inconvenient for farmers to attend and many will not. Savage wanted a late con- ventlon and his opponents wanted more time 80 as to prevent this sort of tactics and to discourase Savase from entering NEW ISSUE T0 BE RAISED] the race when hie plans would not prob- ably succeed A full of state officers and members of the legisiature is to be elected this year, with about half of the county officers. The politiclans regard it as of the very gravest importance to succeed now, as the ma- chinery will be in the hands'of the victors and give them a great advantage in two years, when another legislature which must ‘select a United States senator, must be chosen The bold stroke which Governor Savage has determined upon of calling for a show of hands on the raiiroad question is one of the most audaclous moves that the state has seen for many a day. He practically puts his opponents in such position t they must accept his platform or face a most certain defeat at the polls. In the latter case Bavage, defeated and rejected by the convention, would be An the atti- tude of being indorsed Ly the voters. If his platform Is accepted and he is not the candidate he wiil have the satisfaction and the glory of being the one man who put the republican party squarely and irre. trievably on record on the anti-monopoly side of ihis question. In the meantime the prospect of his coming action is ralsing a reeze that as the discussion goes it is predicted will develop into & perfect hurri- cane within the republican party of Ne- SOUTH DAKOTA POPULISTS to Confer with Reform Fovces Before Calling State Committee Convention. HURON, 8. D., March 27.—(Special Tele- gram.)—The executive committee of the South Dakota people's party at its meeting today decided to leave the matter of nam- ing the time and“place for holding the con- vention for nominating & state ticket to & committee consisting of John Hooker of Brookings, C. D. Saunders of Flandreau, E. F. Grose of Gettysburg, R. E. Dowdell of Artesian and C. J. Maynard of Kimball. This committes will confer with the reform forces of the state before calliing the con- vention and it s probable that it will be held simultaneously with the democratic state convention in Huron In June. COAL GAS ALMOST KILLS TWO Cashier Kehr of Plerre National Bank and Wite Narrowly Escape Asphyxiation, PIERRE, 8. D.,, March 27.—(Special Tel- egram.)—The cashler of the Plerre National bank, Max J. Kehr, and his wife nearly lost thelr lives last night from asphyxiation by coal gas. Mrs. Kebr managed to reach a door this morning and attract attention be- fore falling in a faint, and assistance was secured. They are {ll from the effects, but will recover. South Dakota Incorporat PIERRE, 8. D, March 27.—(Special.)— These articles of incorporation have beem filed: Boulder Gold Mining and Development company, at Brookings, with a capital of $1,000,000. © Incorporators: Egbert V. War- N. Fuller and George P. Hall. ner, Louls N. Fulle g ARy Incorporator: Nels Globe Clothing company, with a capital of §h000 Henry Gustafson, Marle Gustafson, Benson and Katharina Benson Ptokno Norodiny Hrbitov (a cemetery ns- soclation), at Tabor. Trustees: J. A. Ptak, Matthias Ptak and Joseph Peake, Rre\-uvl:l\omlerl ('nmpnn{, r:llhplg,:;pl%l ¢ $1,500,00. _Incorporators: § Hoeves, ' James . Hunter and L L. Stephens. TR capital of 30000, Incorpora- th a capital o 3 “ ton. "D B CAbaricn, 3o 1. Webster and T. tors: P. Estes. Southern Mill and Land company, at Sloux Falls, with & capital of $1,000,000. In- corporators: F. B. Plerce, A. B. Plerce and Oscar Nelson. Montana Verd! Copper company, at Sfoux Falls, with a caplllrof u%wfl. Incor- porators: F. W. Warnock, Joseph John- son and Oscir Nelson. Penobacott Mining company, at Dead wood, Wwith a cap S0 000: rators: Burt Rodgers, Rl rd M. M oney and Johnson G. Thom f Premium Soap comgol.ny. at Sloux Falls, with @ capital of $150,000. Incorporators: Altred A, Romerviile, E. Maglor Cushman and L. I. Stephens. '| ttle Ruby Mining and Milling company, ntuw-ub.y.ywuh atcapital of $00,000 1 corporators: Robert Johnston, M. L. Brown and Manson Rexford. ) pue el ot Farm Y STURGIS, 8. D.,, March 27.—(Spectal.)— B. C. Burris, who owns a big plece of ground about two miles south of this city, recently discovered a ledge of rock on his place carrylng mineral values. He se- cured a few samples of the rock and sent thera away to be analyzed and returns show that the rock contained 238 kilograms wol- tram, an equivalent of $2 per pound, which, after reduced to tungstic acid, is used by steel workers to toughen steel. If there is a large amount of the rock, and it is thought to be there in abundant quan- tity, Mr. Burris will have a good thing, as it s of high value. Much Rain in South Daket STURGIS, 8. D., March 27.—(Special.)— A heavy rain started in here. The roads all over are im a bad condition and gutters are full of water. This rain will probably start all the creeks in Meade county, as it seems to be general. FAIR IN WEST, SHOWERS EAST That Portion of Nebraska Around Omaha to Be Colder Today and Fair Tomorrow. WASHINGTON, March 27.—Forecast: For Nebraska and Kansas—Fair in west, showers and colder in east portions Fri- day; Saturday fair; north winds. For lowa—Cloudy Friday, with probably showers and colder in west portion; Satur- day fair and colder in east portion; south winds, shifting to west For South and North Dakota—Fair Friday and Saturday; west to north winds. For Wyoming and Colorado—Generally fair Friday and Saturday; variable winds. For Missouri—Showers Friday and colder in west portion; Saturday fair and colder in east portion; south winds, ehifting to north- west. Local Record. OFFICE OF THE WEATHER NITREAT OMAHA, March 27.—Official record of tem. perature and precipitation compared with The co-responding day of the last three vears: 2 1002, 1901. 1900. 1899, Maximum temperature.... 68 33 43 32§ Minimum temperature. © W M 15 Mean temperature S B 2 Precipitation ... a3 2 2 Record of temperature and precipitation at Omaha for this day and since March 1, 1902 Normal temperature @ Excess for the day s Total excess since March 1 15 Normal precipitation 06 Inch Total precipitation suice ararch ... 68 nen Deficiency since March 1 54 Inch Excess for the cor. period, 1901 2 inoh Departure for cor. period, 1300 % nce Reports from >ian - bl L1 ~3|-B w855 & ®%|35| 5 sliel g CONDITION OF THE 25§ WEATHER. g8 } £ ‘eli 2|9 (8| 2% i 5 L Omaha, cloudy . | 57 6 .0 Valentine, clear 6 o2 0 North Platte, clear 50 56 .0 Cheyenne, partly cloudy o 38 W 0 Salt Lake, cloudy e | 40 2T Raptd City, clear | @ @ T Huron, cloudy : . | & 85 T Williston, clear . M B 6 Chicago, clear & 6 8t. Louis, cloudy wees| 6N 68| 01 St Paul, cloudy | % & 0 Davenport, partly cloudy 62 & o Kansas City. cloudy | 70 ‘w0 Havre, cloudy 8 0 Helena, snowing crnen 26 0 Blsmarck, clear vrnerereenns] 4 481 .08 Galveston, cloudy % 72 0 | 7T indicates trace of precipitation » A. WELSH, Loeal Forecast Offcial Party Olaims. Supreme Court to Declde Whether Nebraska Owes Him That Sum for Settlement of C1 Agninst United States. (From a Staft Correspondent.) LINCOLN, March 27.—(Special.)—Judge Frost in the district court this afternoon gave a decision sustaining that portion of the primary election law which authorizes election boards to ask and record the party affiliations of voters at registration. The action was brought by Charles Q. De France, who, besides being chairman of the popullst state central committee, is candidate for councilman in the Sixth ward of this city. He applied for an order re- straining the board in his district from asking of voters the question, “What polit- feal party do you wish to afliate with?" as provided for in the law, whoss consti- tutionality he attacked. In his petition Mr. De France asserted that this law was used as a club by corporations to coerce employes and members of the minority party. Judge Frost sald that he devoted all the time he could in the brief period at his disposal te looking up the law and wa convinced that the primary registration act was valid and constitutional. The courts of the state had passed upon the point at issue and it seemed to him well sottled that the valldity of a law did mot rest on its dependency upon a previous en- actment. In at least thres cases the su- preme court had said that an act complets in ftself was valld even though it may modity or destroy the effect of previous legislation. In this case it seemed to be admitted that the last mct was in effect an amendment to the previous one. It wae a law passed to protect primary elections and, while it does impose additional duties upon the registrars, it is supplemental to the other, but not dependent upon it. In other words, the court had sald that an act such as this did not come within the prohibition of the comstitution. To hold otherwise would be far-reaching and de- structive, not to say an absurd construc- tion of the constitution. Kennard Sues for $12,000. The state's attorneys have prepared an exhaustive brief for presentation to the United States supreme court in an action brought by Thomas P. Kennard to recover approximately $12,000,. which he says the state owes him as compensation for serv- fces performed in effecting a settlement of a claim againet the general government. The case has been pending In the courts for the last ten years. In the dlstrict court of this county Kennard secured a Jjudgment for the full amount of his claim. The state appealed and the supreme court reversed the holding of the lower tribunal. A rebearing falled to change the result and the case was then appealed by Ken- nard. In making the settlement Mr. Kennard acted under authority conveyed by a con- tract with the governor. The legislature of 1873 passed a resolution authorizing the governor to appoint an agent to prosecute o a final decision in congress the claim of the state for moiey due from the general government upon land disposed of by Indian reservations for various purposes. Gov- ernor Furnss made a contract with Ken- nard, by which it was stipulated that the Iatter was to veceive 50 per cent of the amount collected. The lands in question were not opened for public purchase until 1878, and it is argued by the attorneys for the state that at that time they were known as the Pawnee In- dian reservation and were occupied by In- dians. It s further asserted that from the resolution of the legislature of 1873 it is apparent that the state intended to claim a share of the lands under a section of the enabling act, even though they were being occupled by Indians. Attorneys Go Into Detatl. Going a little more into detail the at- torneys say: ‘‘Kennard's employment was for the purpose of prosecuting that claim before the federal department and courts The federal government was of the opinion that the state had no right, or title, or interest in any of the lands in the Indian reservation up ‘o the time the reservation was opened for public occupancy and the rights of the Indians were terminated. In 1878 the federal government opened the reservation to the public for settlement, the Indians having abandoned the lands. The moneys received by the state from the gov- ernment and which are the subject of this controversy. are the percentum arising from the sale of those lands to the public since 1878. There never was any conten- tion between the state and the government about this money belonging to the state. “There was never any need of an agent to prosecute this claim, and it is obvious from the express terms of the contract itself that Kennard was not employed for the purpose of collecting these funds from the federa! government, about which there was no dl pute. His employment was to recover for the state and its use moneys and lands dug from other sou and for these lands while still an Indian reservation. Such is the express provision of the contraet, for it le stipulated therein ‘that the foregoing shall in nowise apply to the 5 percentum cash school fund aceruing to the state,’ and euch must have been the understand- ing of Kennard himself, for by his own tes- timony It appears that he first filed a clalm in behalf of the state for 5 per cent of the value of these lands at a price fixed by himself. “In other words, he was undertaking to recover 5 per cent of thelr value while they were still being occupled by the In- dlans and before they were eold by the government, but the moment the lands ceased to be an Indian reservation by set of congress and were abandoned by the In- dlans and were opened to public purchase and were sold by the government, them they were beyond and without the scope of his employment and were within the ex- ception contained In his contract which en. pressly forbade him recelving any commis- slon for the collection of the 5 per centum h school fund.” Better Quarantine. Inspector Wertenbaker of the United States army and navy hospital corps sub- mitted a final report in the executive de- partment this afternoon and tomorrow will leave for New Orleans. He says smallpox will decrease steadily until mext August, but he predicts an outbreak of enlarged proportions unless more attention is paid to quarantine and disinfection. His report was not made public, owing to the absence | of Governor Savage, but the inspector de- clared that it contained nothing of im- portance further than what has already ap- peared in the newspapers Adjutant Gemeral Colby has issued an order accepting the resignation of Second Lieutenant Harley C. Broome of the troop of cavalry of Seward and calling for a spe- cial election at the next regular meeting of the company to fill the vacancy thus caused. The troop will also be inspected at the same time. Articles of incorporation of the Miller & Paine company of this city were recorded in the secretary of state's office today. | SAFECUARDS THE PRIMARIES Judge Frost Bustains the Law Protecting THOMAS P, KENNARD WANTS $12,000 Jap Rose (raase mans) Soap one-sixth pure glycerin, is used by discriminating people. Its delicate odor of natural flowers, the soothing effect of the glycerin, its uniform tex- ture and transparency make it the choice of those who know for toilet and bath. A delightful shampoo. JAMES §. KIRK & COMPANY BRAIN WATER MAKER—SOFTENS THE MARDEST WATER ' SEND TEN CENTS FOR SAMPLE ) Cheap Rates to Minnesota : and North Dakota. On March 4th, 1ith, 18th and 25th, April 1st and Sth, especially low one way rates will be made to nearly. oints in Minnesota and North Da- ota. THE GREAT NORTHWEST. 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