Omaha Daily Bee Newspaper, April 19, 1902, Page 3

THE OMAMA DAILY BEE: SATURDAY, APRIL 19 ATTACK THE PURE FOOD |AW Oreamery Operator- Who Negleoted to Take Out License Makes Test Case, INVOLVES VALIDITY OF OTHER ACTS Sapreme Court Nar Commission For- mulates Conditions Under Which Attorneys May Be Admitted to Practice in Nebraska. (From a Staft Correspondent.) LINCOLN, April 18.—(Speclal.)—The Ne- braska pure food law Is being vigorously attacked In the supreme court on the ground that it is unconstitutional. The chlef contention is that the act is in viola- tion of that section of the constitution which prohibits the creation of state offices by the legislature. The case is one in which John C. Merrill of Button was convicted for operating a creamery without having first procured a license from the food commissioner. No question arises as to the facts, the only defense Interposed being that the law under which conviction was had is vold The suit is being watched with unusual interest by manufacturers of both pure and imitation butter, dairy and vinegar prod- ucts. The question Involved is one of far- reaching Iimportance, however, for It will affect not only the dairy interests, but those persons who come within the mean- ing of varfous other laws which have created or established new- state offices. Among these offices are those of the deputy labor commiseloner and deputy oll In- spector. The law adds to the governor the dutles of oll inspector, labor commis- sloner, food commissioner and several other officers, but authorizes him to appolnt deputies, who are required to do the work of their departments. Oficlal papers of these departments are signed by the gov- ernor, but all other business Is transacted or conducted by the deputies. Each office is provided for by a separate act of the legislature, but the general plan of opera- tion is the same in all of them, so that the decision of the court in the pure food case may be held to apply to all other offices of like origin. An extensive brief on Merrill's side of the case was presented to the court today. It 18 argued that the legislature undoubt- edly intended to create a new office when it passed the pure food law, and that therefore the act is vold and should be so declared by the court. The State Board of Agriculture met in regular session tonight, allowed a few claims and attended to matters in connec- tion with the next state fair. Because of the great expense that would attach for lighting, the members were inclined to be- Heve that the idea of holding night enter- talnments during the fair should be abdn- doned, but no formal action, however, was taken. A statement was given to the publie explaining the controversy over the right of transportation companies to build tracks into the grounds and glving the assurance that the dispute would soon be satisfac- torily settled. Bar Fixes Conditions. The bar commission of the supreme court has fssued the following bulletin of conditions governing the admi torneys to practice in the Nebraska courts. ery applicant must be 21 years . age, a_resident of the state and a citizen of the United States. All applications should be made at least four weeks before the second Tuesdays of June and November, at which times the bar commission meets to examine Appli- cants and to pass upon applications. Every applicant must make application In his own handwriting. He must also fur- nish the certificates of his preceptor (who must be a resident pract!tioner of the state), that he has for at least two years attentively studied law under his direction; the aMdavit of two citizens of good stand- ing in the community where he resides that he is of good repuiation and good mor character, and the names and addresses of threo other persons of whom inquiry Tespecting his standing may be made. This applies to all classes of applicants, except that the graduate of the law school of the University of Nebraska must furnish proof of his graduation, and the licensed pric- titioner of another state proof by certi cate, in lleu of the sald certificate of a Ppreceptor. The practicing attorneys of other states and territories, having taken up residen in Nebraska and having made application according to rule, may be admitted upon showing of good character and proof by certificate that they are license: practi- tioners of such other states or territories. Graduates of the law school of the Uni- versity of Nebraska may aiso be admitted without examination, upon application and proof according to rule. The certificate or diploma of any other law schqol is unavail- ing. %1l other applicants are admiited only upon examination by the bar commission appointed by the supreme court, and meet- ing as above stated, and upon 'application and proof conforming to the rules. No' applicant examined and rejected may again apply before the expiration of one ear. ¥“The sum of 35, the fee of the clerk of the court, should accompany each application. Sparring Over Contract. The preliminary legal sparying n the case instituted to annul Lancaster county bridge contract with C. G. Sheeley, was begun in the district ocourt today. County Attorney Caldwell has filed a cross- petition on bebalt of the county, demand- ing that the contract be either revoked or reformed. It is contended that the commis- sloners, or twa of them at least, entered into m contract with Sheeley without first advertising for or properly consldering bids. Hearing will begin tomorrow morning. Fritz and Herman Wessell, brothers re- siding near Eighteenth and K séreets, be- came engaged in a dispute with J. F. Lan- sing this afternoon regarding the boun- dary line of a plece of real estate and were arrested. During the discussion one of the Wessell brothers fired a shot from a revolver, but it flew wild, injuring no one. Everything goes wrong. The digestion is bad. The head aches. nerves weaken. And the skin is nearly ruined. on of at- | IThe ¢ men. rouble occurred near the homes of the all of whom are nelghbors. Secretary Royse of the State Banking board this afternoon issued a charter to the Commercial bank of Naper, Boyd county, which is Incorporated with a cap- | ital stock of $6,000. Its incorporators are G. A. Erickson, R. R. Naper, B. F. Chap- man and H. F. Slaughter. MAY CAMP AT WEEPING WATER High School Cadets Comtem- ing at that Place © Part of May. | Omana WEEPING WATER, Neb., April 18.—(Spe- { clal)—Prof. A. H. Waterhouse and Lieu tenant Thomsett of Omaha met the citi- | zens of Weeping Water last evenlng to! make arrangements and present a propo- sition to bring the High school cadets here for their annual outing. The matter was | not settlw! definitely, but the business men are to report later. It 18 expected that there will be 350 cadets go into camp and that they will be | bere during Decoration day. An excur- | slon train may be run from Omaha May i:w‘ bringing about 800 people, | Nebraska Cities Opposed to Charter, | GRAND ISLAND, b., April 18.—(Spe- | clal.)—There is expressed considerable dis- satisfaction with a number of the obrovi- sions of the new charter governing cities | of this class, more than 5,000 and less than | 25,000 population, and at a recent mppun.? {of the city council the suggestion made by Councilman W. F. McLaughlin that a com- | mittee be appointed to confer with like | committees from the other cities of the Grand Island class, state what changes would be desirable, with the end in view to | formulate a new charter for passage by the | next legislature. Mr. McLaughlin has con- | sulted with a number of authorities from | some of the other cities and It is auite | likely that such a move would meet with favor by all. Squanders Wife's Money. YORK, Neb, April 18.—(Special.)— Charles Mason, Fred Schneringer, Charles Mullen and Ora Froid, who are charged with gambling by Mrs. Bemis of Brad- shaw, walved examination and were bound | over to the district court. Charles Bemis, husband of Mrs. Bemis, who makes the complaint, has left town. Bemis recently | failed. His wife alleges that last week ber husband ran short of money In a poker game that was played in their house and | that her husband compelled her by threats to furnish him with more money. This | money that sne was compelled to hand over to her husband was sent to her by her father. Pass Rigld Saloon Ordinance. GRAND ISLAND, Neb., April 18.—(Spe- clal)—At the meeting of the council last evening an ordinance regulating booths or winercoms In ealoons was passed. The or- dinance makes it a misdemeanor punishable by a fine of not less than $25 or more than $100 to have any door, curtain or screen over or in front of any booth, wineroom |or other rooms buflt within a saloon. The | ordinance is the result of an individual dealer refusing to remove the door and Is |not a mitter remedying any general com- plaint. License Scale Proposed for Osceola. OSCEOLA, Neb., April 18.—(Spec| a meeting of the village truetees a new scale for the licensing of saloons was pro- posed, as follows: For the first license issued the amount is fixed at $2,000, for the second $1,600, for the third $1,200, for the fourth $1,100, and for all succeeding ones $800. No agreement has been reached at present, but the matter will be kept con- tinually before the board until some settles ment is made. General Bates Visits Fort Crook. FORT CROOK, Neb., April 18.—(Special Telegram.)—General Bates, commanding the Department of the Missouri, with two of his aldes, were at the fort today to take part in and witness the examination of Lieutenant Bridges for promotion to a captaincy. The examination consisted of battalion drill, general formation and fleld exercises, which were very satisfactory. Val o Board Organizes. VALPARAISO, Neb., April 18.—(Special.) —At the call of the chalrman of the vil- lage trustees the newly elected members | and the members that hold over met and | organized by electing John Aeschgee chair- | man for the coming year, Willlam Bays clerk and E. C. F. Kemmerer treasurer. | The board Is anti-license, so there will | probably be no saloons here this year. Alleged Horsethief Bound Over. SIDNEY, Neb., April 18.—(Speclal Tele- gram.)—Joseph Kellar, aged 28, who is al- leged to have stolen nine head of horses trom Francls Troy at Gering, Neb., and | endeavored to dispose of them here, had his preliminary examination today before County Judge Tucker and was bound over to the district court, to be held in Novem- ber, under $3,000 bail. Falrmont Man Dislocates Shoulder, FAIRMONT, Neb., April 18.—(Special.)— Last evening F. C. Bennett stumbled over a sawhorse, dislocating his right shoulder. Being a very heavy man and advanced in | years this will probably lay him up for some time. Bar Rememb: Judge Ba AINSWORTH, Neb., April 18.—(Special.) —Yesterday in the district court of Brown county resolutions were passed by the county bar in memory of Judge Alfred Barton, who recently dled at Colorado Springs, Colo. The brain is dull. The Your doctor knows what medicines will cure these troubles: the medicines that are in Ayer’s Sarsaparilla. “Fi out on my bady, Consult him freely. cars 1 had banches come out on my hegd and had & g B § by e el e g e Ayer's Saisaparilla. Before I had taken ha'f a bottle the bunches and the rash were gone, and I felt like a new man.” — M. A. WaLL, Beatley Oreek, Pa. 108 ALl dregpists 4. C. AVER CO., Lowslt, Masc. ; The Illustrated Ree. TERESTING ALWAYS the record of The Illustrated Bee. It is mever dull. It Bach issue con- never dieappoints. tains just what the readers expect— plenty of pictures, illustrating events of general interest, people of note or IS timely articles on toplcs of moment. the text being prepared as cardfully as the Illlustrations. Having won this reputation, The Bee strives to maintain it. EBRASKA'S OWN HOLIDAY is Arbor day. The idea, originated by a Nebraska man and fostered by Ne- braska people, has expanded until it is continent-wide in its application. Yet Nebraska people are still among the chief beneficiaries of the custom. For proof of this see the sturdy trees that grow In commemoration of the annual observance of the event. A picture most appropriate for the day, made by a_ staff artist, is ueed as a frontisplece. It will appeal to every tree planter's heart. 00D ROADS MAKING is as near the heart of western people as the planting of trees. In the coming number of The Illustrated Bee will be found an article by R. W. Richard- son, who has gone as a representa- tive of the government with the Good Roads train of the Southern Rallway over its lines through the south. Mr. Richardson tells of methods and re- sults, and has furnjebed a solendld lot of photographs, from which illus- trations have been made. The article will be found educational as well as interesting. OCIAL RIVALRIES AT WASHINGTON re taking on even a keener zest. The struggle for recognition was never so much in earnest as at present. A well written article tells of how the little warfare is being car- ried on. For illustrations bpictures made from photographs of five of the best known women at the capital are used. HILDREN AND DANCING SCHOOLS is the title of a chapter devoted to the social education of the erowing generation. The writer tells of the advantages that accrue from the early mingling of the sexes In the ball room and the real good that follows instruction In the polite accomplish- ments of the day. It is illustrated from photographs made by a staft photographer. NCLE SAM'S PIGMIES, the dwarf race of Negritos, who live in the interior of Luzon are told of by Frank G. Carpenter in his weekly letter. Mr. Carpenter was among them with General Fred Grant. and had as good an opportunity to ob- serve and learn of their habits, cus toms, etc., as ever fell to an Investi- gator. Photographs made In their forest haunts are used to illustrate the article. ANY OTHER ILLUSTRATIONS will be found in the paper, in additien to those here enumerated. The reeu- lar features of The Illustrated Bee have all been given the customary care, and the number is one of gen- eral Interest and value. If you are not already a subscriber, you should order this paper from your news- dealer today. The Illustrated Bee. SOUTH DAKOTA AND WYOMING Lunatics Increase in South Dakota. PIERRE, 8. D., April 18.—(Special.)—The quarterly report of the superintendent of the insane asylum at Yankton has been filed with the state auditor and shows an increase of twenty in the mumber of pa- tients in that institution from January 1 to April 1. The total number in the in- stitution at the end of the last quarter was 627, and at the end of the present quarter 547. During that time thirty-four patients have been admitted, eight dls- charged, three have died, ome escaped, one returned and three are on trial. Buffalo is the only county of the state which is not represented in the institution, while Law- rence county leads with forty-one pa- tlents, Minnehaha has thirty-one and Unlon twenty-four. Wyoming Court tetion, EVANSTON, Wyo., April 18.—(Special.)— Judge Cralg has ruled that the Wyoming courts have no jurisdiction in the case of the Perry Commission Company of Omaha against Willlam Heap, the ranchman, who is belng prosecuted on a charge of obtain- ing money under false pretenses. Heap borrowed several thousand dollars from the Omaba commission firm, giving a mortgage on a herd of cattle which, it is alleged, he never owned. When arrested a year ago Heap owned less than twenty head of stock. Lacks Jur New Railroad for Missowus . Mo., April 18.—The secretary of state today chartered the St. Louis & Gulf Rallroad company of St. Louts, with a capital stock of §5,000,000. The pro- posed road Is to extend from Cape Girar- deau to the Arkansas state line in Dunklin county, a distance of 125 miles. 1. W. Fris- toe, J. H. Allen, C. W. Whitlaw and E. Smith are the directors. Work Starts on Federal Bullding. CHEYENNE, Wyo., April 18.—(Special.) —A large force of men has been engaged and the first stone on the superstructure of the federal building here will be laid next Monday. Slone is now being received regularly from the quarries at Rawlins and it is expected that work on the bulld- ing will now proceed without' imterruption McElwain Gets Four Years. YANKTON, 8. D., April 18.—(Special.)— George McElwain of Gayville has been sen tenced to four years in the state pemiten- tiary for killing Jobn Gray in & saloon row in Gayville last fall. He has beem tried twice and found guilty both Llwes. TROUBLE BREWS IN RUSSIA | Eighteen Hundred Students Implicated in the Recent Riots Are Arrested. FOUR HUNDRED ARE TO BE EXILED Political Resort to Starvation to Hasten Their Release by the Government. Prisonerd Long in Prison ST. PETERSBURG, March 12.—(Corre- spondence of the Associated Press.)—The | St. Petersburg university and a number of other higher educational institutions were opened yesterday. The attendance was light and bottles of ill-smelling chemics were opened in many of the lecture rooms. Student reports give the total number of arrests in Moscow during the last two or three weeks as 1,800. They anticipate the exile to Siberia of the greater part of the 400 students who offered (he gov- ernment armed resistance in the Univer- sity of Moscow. Prof. Timiriasieff, at Moscow, is reported to have refused to co-operate in meting out punishment to students, on the ground that his lecture room had been filled with strange persons whom he took to be spies, while his former students were nowhere to be seen. The turbulent elements continue to util- ize the theaters as places for the distribu- tion of revolutionary literature. At Nijni- Novgorod, during the recent celebration of the birthday anniversary of Gogol, the Rus- slan author, leaflets were thrown from ths gallery of a theater at a moment when the place was darkened. The ushers picked up the packages and began distributing them, thinking they were, theatrical notices Privoners Starve Themselves. From many towns it is reported that po- litical prisoners are generally resorting to starvation tactics in order to force their release or obtain a hearing. Forty-elght persons thus secured their release a short time ago from a detention prison in this city, where they had been held without an inquiry for nearly a year. Six others have 80 reduced their strength as to necessitate their removal to a prison hospital. In the great transport prison for condemned crim- inals here, which is now filled with po- litical prisoners, the wardene are seeking \to dissuade their charges from refusing food by promising their release shortly. Many students are preparing to go abroad for study. It is said that this action has caused more serious aftention to be given to the project, attributed to the finance minister, M. Witte, to increase the fee for the issue of ‘a passport to go abroad from 15 roubles to a sum possibly many times larger than this amount. General report has it that M. Witte has' proposed to charge all Russians who desired to go abroad 300 roubles for the first six months and 200 roubles for each additional haif year. Fiscal as well as political reasons are urged in favor of this project, com- plaint being made that rich Russians are wasting the wealth of their country in Paris and Monte Carlo. The passport fee was increased about two years ago from & to 15 roubles per half year, the addition being for the benefit of the Red Cross soclety. Forelgners continue to pay 5 roubles for permission to cross the Russian frontier. Herreld Names me Wardens. PIERRE, 8. D., April 18.—(Special.)— Game wardens who have been appointed by Governor Herreld today are: Clay county, C. W. Doan, Vermilion; Buffalo county, Charles S. Oates, Gann Valley; Hanson county, W. J. Murray, Alexandria Lincoln county, W. H. Shaft; Ghnton. —_— Ranch Company Incorporate; LARAMIE, Wyo., April 18.—(Special.)— The Iron Mountain Ranch company has incorporated, with a capital stock of $100,- 000. The incorporators are: Frank OC. Bosler, Conrad Hamdleton and John C. Coble. The main ranch Is located at Bos. ler, west of here. Medical Examiners Organize. LARAMIE, Wyo., April 18.—(Speclal.)— The State Board of Medical examiners last night elected the following officers: Presi- dent, Dr. Miller, Laramie; secretary, Dr. G. P, Johnston, Cheyenne; treasurer, Dr. B. E. Leevers, Spring Valley Mail Train Collides with Helper. CHEYENNE, Wyo., April 18.—(Special.) —A slight wreck occurred at Ozone, a few miles west of Cheyenne, at an early hour this morning. when a mail train ran the rear end of a freight helper. Traffic was delayed less than an hour. Choose Site for Yankton Library. YANKTON, 8. D., April 18.—(Special.)— The Carnegie library site is on the corner of Fourth and Capitol streets and work will begin on the bullding as soon as the plans can be submitted and approved. PROMISE OF THE WEATHER MAN Falr Saturday and S ¥ and Cooler Sunday in Southeast Nebraska. WASHINGTON, April 18.—Forecast: For Nebraska—Fair Saturday; cooler in southeast portion Sunday; falr in northern portion; variable winds For lowa and Missouri—Fair and cooler Saturday; Sunday falr; northwest winds. For North Dakota—Falr Saturday, with warmer in south portion; Sunday fair; southeast winds. For South Dakota—Falr and warmer Sat- urday; Sunday fair; southeast winds For Colorado, Wyoming and Utah—Fair Saturday and Sunday; variable winds. Local Record. OFFICE OF THE WEATHER BUREAU, OMAHA, April 18.—Ofclal record of tem: perature’ and precipitation compared with the corresponding day of the last three years 1902 1901. 1900. 1599, 6 51 6 & Maximum temperature... 6 B N 88 Minimum temperature Mean temperature 58 “ 53 “" Precipitation : T 0 .08 00 Record of temperature and precipitation at Omaha for this day and since March 1, 1902 Normal temperature Excess for the day Total excess since Marc Normal precipitation Deficiency for the day . Total rainfall since March i since March 1 for cor. period 1901 for cor. period 1900 5 el | 167 *"lii'inch 11l inch 1.14 inch 06 Inches 2 fnch 27 inch €T o, | 1 nywsedway, | ..m vaedwey waEXVR CONDITION OF THS WEATHER. “wonwidPeIl Omaha, clear Valentine, clear North Platte, clear Cheyenne, part cloudy Salt Lake City, clear... Rapid City, part cloudy Huron, clear . Willlston, clear Chicago. 'cloudy. St. Louls, clear 28 CEIRTAR 2LEPLELE Galveston, clear... T indicates trace of precipitation L A WELSH PN laultflwu‘wo‘du. | made u into | HOW TWO BEAUTIFUL WOMEN ESCAPED SPRING CATARRH BY USE OF PE-RU-NA. Nothing Robs One of Strength Like Spring Catarrh—Spring Fever is Spring Catarrh, Mrs. Leone Dolehan, in a letter from | the Commercial hotel, Minneapolis, Minn., writes: The Peruna Medicine Co., Columbus, O. Gentlemen:—*For two months my physician experimented with | me trying to cure a hard cold which | settled in my stomuch, causing iu- flammation and catarrh, I tnen my mindthat he was sim- ply unable to help me, and reading some of the flattering testimonials as to the value of Peruna in such zases, I thought I would try 1t. “‘It was six weeks before I could eat a meal without unpleasant effects, but I have now been well for six months, and I give all the credit to Peruna.” MRS. LEONE DOLEHAN. Have you got nerves? Well, you ought to have nerves. But they ought to be strong nerves, good nerves. Does your hand tremble? You are living too fast. Does your heart flutter at times? You had better call & halt.' Americans live too fest. They crowd (00 much into a single day. They have too little leisure. The hospitals and finsane asylums are filllng up. The quiet, pastoral scenes of yore are becoming | rare. It's time that we quit this sort of business. How to Get Strong Nerves. | First, repair the injury already done to | your nerves. The way to do this is to do | exactly as did Mattie B. Curtis, secretary | of the Legion of Loyal Women, Hotel | Salem, Boston, Mass. She sald in a recent letter: ‘I euffered for over a year with general weakness and debility manifested in severe headache and backache. I tdok four bottles of Peruna and for two months have been entirely free from these maladles.” | Nervous Prostration. Thousands of cases might be quoted in which Peruna has been used to rescue people from the perdition of deranged gerves and put thcm on the good, solid foundation of health. The county auditor of Erie county, New York, Hon. John W. Neff, in a recent letter, written at Buffalo, N. Y. stated: “I was persuaded by a friend to try a bottle of your great nerve tonie, Peruna, and the results were so gratifying that 1 am more than pleased to recommend it."” Miss Helen Whitman, 308% Grand avenue, Milweukee, Wi **There is nothing like Peruna for that tired fe:ling, wh noambition for work or play. After a prolonged illness ago I felt unable to regain my health, but four bottles of Pu | wonderful change and restored me to perfe:t health. As keep your blood in good condition you ar right, and Peraia s ¢ .8 | to fill the veins with pure, healthiu blool, Ithorouzhly endor i MISS HELEN WHITM N, The system 18 rejus weather. This renders effective. A short coprse by the balmy alr stubborn « resisted treatme should have 2 copy of Dr. boot tarrh. Addr dicine Co., Columbu: If you do not derive promp writes giv:s you bout . year nam de a long .5 you nated by medicine of Peruus, ot spring, will catarrh that yea Bvery- Hartman's The Pe- Obio. and satis- of Peruna A Spring Tonic Almost everybody needs a tonic in the “Pring spring. Something to brace the nerves, M7 invigorate the brain and cleanse the blooa. | *8sisted That Peruna will do this is beyond all question. Every one who has tried it has had the same experience as Mrs. D, W. Timberlake of Lynchburg, Va., who, in a | recent letter, made use of the following words: “I always take a dose of Peruna after business hours, as it is a great thing| factory results from ihe use for the nerves. There Js no better spring| Write at once to Dr. Hartman, glving a full | tontc and I have used about all of them.” | Statemeat of your case. and he will be Cararbin SOMNE. L:‘::u give you valuable advice The spring fs the best Address, Dr. Hartman, President | catarrh. Nature remews Hartman Sanitarium, Columbus, 0. cure old hay bedy latest runa M ot for to his time to herself treat every | of The ON MAIN FLOOR. ON MAIN FLOOR. Men’s $350 Shoes, %195 Saturday Geo. E. Keith's Hand-Made Shoes, regular retail price $3.50 pair, special $1.95 A sale that should interest every man in the city. There are only about 2,500 pairs. Come early if you want your size- Men’s Russia calf vici kid and satin calf shoes, in Lo.ndnu tip and.plnin toe, also George E. Keith's hand-made shoes that retail everywhere in the United States at $8.50 a pair, will be placed on sale tomorrow at $1.95 a pair. This isa shoe opportunity that yon should not miss, A dollar and a half is worth saving, we believe. Remem- 1 9 ber, there are only abont Women’'s $3 Shoes $1°8 Pr 9,500 pair in the lot and if you want your size be sure and come tomorrow— Ladies’ high grade footwear, in the newest styles, made of fine quality vici kid, in patent and kid tip, light and heavy soles. Every pair was made by first class shoemakers. The maker figured on selling them for more than you are required to pay fomorrow. e shealassait st ensdne safiRinstnene The women that want more than their money's worth in fine shoes should-attend this sale. Saturday's 19 Special price,