Omaha Daily Bee Newspaper, May 11, 1902, Page 8

DI e e = 8 THE OMAHA DAILY BEE: SUNDAY, MAY 1 CURRENT NEWS OF IOWA e —— e BLUFFS. COUNCIL TROUBLE OVER HORSE DEAL One Man Trades Back and is Arrested on the Oharge of Btealing. JUSTICE HOLDS HIM TO THE GRAND JURY Bays He Had a Week to Try Out His mrgnin, bat the Other Party Says It Was an Unconditional Trade. James Simmons was bound over to the grand jury yesterday by Justice Smith of Creacent City on a charge of stealing two Borses, the property of W. F. Pike, a farmer of Crescent township. Simmons formerly owned the two horses, but a few days ago traded them to Pike for two mules, three chalrs, one calf and $1 in cash. Pilke borrowed the dollar from his mother, according to his testimony. Simmons was not satisfied with his bar- gain and In the absence of Pike from his home took back the two horses, leaving the mules in thelr place. He was arrested in Crescent City and claimed that under the terms of the trade he was allowed to work the mules for a week and If he found them unsatisfactory return them. This Pike denled and his version of the trade was, supported by witnesses. Simmons gave bail. Funeral of Wileox, The funeral services over Ina Martha, @aughter of Mr. and Mrs. J. F. Wilcox, Broadway Methodist church yesterday afternoon were attended by a gathering of friends of the young woman and the be- reaved family which entirely filled the church. The floral tributes were of the most beautiful character and completely fllled the chancel. Coneplcuous among the floral offerings was a beautiful set plece of white roses tled with long white ribbons, which graced the pew usually occupled by Miss Wilcox, the tribute of the members of her Sunday school class. The pastor, Rev, W. J. Calfee, was sisted by Rev. D. C. Franklin, D. D., pre- slding elder. Burial was fn Walnut Hill cemetery. These were the pallbearers: Misses Nellle Swanson, Bertha Bollinger, Bessle Crane, Bey Carter, Bessle Moomaw, BEthel Shubert, Bertha Wheeler, Hazel Pip- pin. . . Homes for A For sale at low prices and easy payments, homes in all parts of the city, including some of the nicest residences and those of moderate size. Also dwell- ings and business property in Omaha. Farms bought and eold. It will pay you to see us at the office of J. W. Squire. Davis sells patat, Reception to Graduates. ‘The reception of the Council Bluffs High Behool Alumni association to the gradu- sting class of '02 will be held the evening of June 6 in the Royal Arcanum ball. These committees have been appointed to make the necessary arrangements: Invitations—Fred Johnson, Grace Siga- fogs, Rice Shugart. Collections—T. B. Lacey, jr, M. W. Ray- mond, Alice Hooker, Fred Johnson, Miss Morgan. Programs—A. O. Norene, Miss Alice Hooker, Robert Reynolds. Refreshments and Decorations—Rice Shu- gart, Henry Delong, jr., Miss Nellle John- son. The assoclation will meet Tuesday even- Ing at the High school bullding to perfect Mans for the reception. Plumbing and heatmg. Bixby & Son Arranging for Philippine Veterans. The citizens' committee appointed by Mayor Morgan to make arrangements foi entertaining the meeting of the Natlonal Boclety, Army of the Philippines, in this elty in August met last evening In the of- fce of Manager Hart of the waterworks company and organized by electing Mayor Morgan chalrman, H. W. Binder vice chair- man and I. M. Treynor secretary. The appointment of subcommittees was left to the chairman, vice chairman and pecretary, subject to the approval of the general committee, which will meet again this morning at 10:30 o'clock in the same ,Real Estate Transfers. These transters were flled yesterday in the abstract, title and loan office of J. W. Bquire, 101 Pearl street: F. T. McPherson and wife to Mason City ‘& Fort Dodge Rallway com- ANy, TISht of way over ni4 swi, i wife to Augusta Cook, bdiv: of outlot ¥, Kelly and husband to R liams, lot 6, block 6, Haggs extension, w. d. 1,500 Three transfers, total .. $ 6,550 Gravel roofing, A. H. Read. 64) Broadway. *N. Y. Plumbing Co., \elephone 250. riet C: Matters in D urt. The $5,000 personal injury damage sult ©f Hans Peterson against the motor come pany, i which a jury had been impaneled in Judge Wheeler's morning be- The Thursday afternoon court, was settled yesterda; fore the taking of evidence began. company effected a settlement for $300. Today Judge Wheeler will hear motions, BO cases being ass!gned for trial. ‘The trial of the suit of Peterson against Klopping is speclally set for Monday. Tuesday Judge Wheeler will take up the criminal cases. be light. MINOR MENTION, Davis sells drugs. Btockert sells carpets and rugs. ‘Wollman, scientific optician, 408 B'way. Take home a brick of M geer eream. Vanila, 2c¢; Neopolitan, ander & Co., 333 Broadway. Tel Ploture framing a speclalty. Sherifft Cousins returned yesterday from Des Moine where he went on busine ‘ol.lhoe(td with the Grand Army of the Re public. Charles Madison, 69 vears of mord-y aftornoon at his home, 1 l‘m street. His wife and daughters survive him. plumbers’ and Fairbanks teams of onfl. ball this afternoon -fourth street and Il be called at 3:30. The remaios of Rev. August Hauws, who was burled in a., were brought to this city yes- will play b u the grounds at Thirt ;rouvnyv ‘The game in ‘Ml city in 1898 an: Y. SUITS CLEANED— Dyed and Special atte: gven fadles garmente Alao. chentils urtains neatly cleaned, u‘..d. Phe L-618. ‘orks, 304 fi::-dru - LEWIS CUTLER ~—FUNERAL DIRECTOR— (Buccessor to W. C. Estep) terday and Interred In Walnut Hill ceme- tery. A marriage license was u-u-d‘{-n-mny to Frank G. Bhoemaker, aged 3, of this city, and Mary Bueter of Nebraska City, aged ®. They were married by Justice Bryant. Willlam J. McBeth, a farmer of Carson township, Pottawattdmie county, hi d & voluntary petition In_bankruptey. liabilities amount to $2.23 and his aspets aggregate $60, all of which are claimed as exempt. . B. Brown and George Brown, who be- came involved In an altercation with Con- ductor Fuller on the dwl car at 1 o'clock yesterday morning, will nave a hearing in police court this morning on a charge of disturbing the peace. The Trades and Labor assembly delegates to lowa Federation of Labor, which meets at Cedar Raplds May 14, were directed to secure the next convention for Blufts, have it for the asking. The remains of Frank Davis, who died Thursday in St. Bernard's hospital, will be taken today fo his former home in Emerson, Ia., where funeral services will be held, ‘attef which they will be taken to Biggaville, 11i, for burial Lora Chambers, a hostler at the North- smestern roundhouse, was saverely. burned about the head and shoulders Thursday night by a load of live cinders _bein; dumped on him while he was in the pit working under an engine. The park commissioners have declded that a roadway along one side of the cut entrance into Falrmount park, thirty feet above the tracks of the motor company, 18 impracticable and have abandoned = the proposition, Owing to the scarcity of funds t 18 doubtful if any new roadway into the park will be constructed this year. Mrs. Amy E. Kempster, wife of Willlam Kempeter, died yesteraay morning at the family residence, in Garner township from tuberculosis, aged 29 Her husband and ono son s . The funeral will be Sunday afternoon at 2:30 o'clock from in Fairview cemetery. The services will be conducted by Rev. W. B. Cre: pastor of the Christian church. The poll tax collecter, A. Fellentreter, suggests that those who find fault with the son, particularly who are not able to do a good day's work, should pay cash and the street supervisor 'will respond to the needed de- mands. Those who claim to be disabled and not subject to poll tax the law pro- vides that they must procure a certificate of disavility from some reputable phy- sictan. The Old Colony Trust company of Boston has brought sult in the federal court against the East Omaha Land company and A. B. DeLong, recelver, to foreclose a mortgage, given March 3l ‘12, to securs 226,000 of debenture bonds issued in 1395, he mortgage includes all the property of the company in Douglas and "Foitawat tamie countles except such as has bee; sold. The trust company asks for the re tention of Delong as receiver. The pr ceedings are auxiflary to the procecdlngs in Omaha. ATTEMPT TO ROB FAST TRAIN Three of Would-Be Robbers Captured by Trainmen and Three $ 3,560 obnson’s add., w. d 1,500 Escape. MUSCATINE, Ia., May 10.—It was learned late today that an attempt was made last night to rob the Rock Island fast passen- ger train as it was pulling out of the sta- tion here. Three men were arrested and jalled. They refuse to give their name: Three others escaped. Two men were pry- ing open the express car door wheu they were discovered and captured by the train- men. Spiritualists to Meet at Clinton. CLINTON, Ia., May 10.—(Special.)—Ac- tive prevarations are being made here for the annual camp meeting of the Mi sippl Valley Spiritualists association, which bas a membership of several thousand. The meeting will open Sunday, July 27, and will continue for one month. The asso- clation owns its own grounds, Mt. Pleas- ant park, a beautiful twenty-acre tract on the bluffs west of the city. The speakers engaged include W. F. Peck, president of the assoclation, who resides in St. Louls; H. D. Barrett, president of the National Spiritualist assoclation and editor of the Banner of Light. Knights Templar Pay Tribute, IOWA FALLS, Ia., May 10.—(Spectal.)— The Knights Templar of this county ob- served ascension day here yesterday with appropriate ceremonies. Delegations of sir knights from Eldora, Ackley, Alden, Dows and other surrounding points were present and participated in the exercises. The knights, in uniform, assembled on the streets in the afternoon and, headed by the Towa Falls military band, marched to Unlon cemetery, where the graves of de- parted knights were decorated. Minister is Twice a Target. OSKALOOSA, Ia, May 10.—(Speclal)— The conference trial of Rev. O. A. Johnson, who engaged In a duel on the streets a few days ago with a man who charged him with cheating, resulted in his being ex- onorated by his brethren. The shooting , was the second affray in which Rev. Joha- son had been the target, the first being when one of the members of his church shot at him in his pulpit. Towa Engine Works May Merge. WATERLOO, Ia., May 10.—(Spectal.)— The consolidation of the Davis Gasoline | Eogine works and the Waterloo Gasoline | Engine company seems to be assured, which will give the city one of the largest fac- tories of the kind to be found in the United States. The plan is to establish the factory near the city on the banks of the Blackhawk creek, on the Willlam Clements farm of 100 acres. Musical Festival at Mount Vernon. MT. VERNON, Ia, May 10.—(Special.)— The annual May festival of music will be held on the 22d, 23d and 24th. The Splering orchestra, composed of fifty male members, has been engaged for the entire period and the Cornell College Oratorio soclety This docket promises to| series of conventions ice e, died 2'South three ot B3 of 110 volces will assist. The sale of seats indicates the best attendance ever known. Baptist Yo SAC CITY, Pe: Meet. May 10.—(Special.)—The for the different distriots of the state organized by the Baptist Young Peoples’ union began in this city last evening. The northeastern district conventlon opens next Monday even- ing at Independence for three da: Ia. Farmhand Disapp: WATERLOO, Ia., May 10.—(Bpecial The police have been enlisted to seek out the whereabouts of Henry Bennett, a farm- hand who had been employed by Fred Web- ster, a farmer pear this city. The man disappeared three weeks ago while he was engaged in doing the chores. First White Child Born in Towa. SHEFFIELD, Ia., May 10.—(Speclal.)— Richard Wilde is dead. He was the first white child born in lowa. He was born at Dubuque. He was the faiber-in-iaw of Mayor B. H. Mallory of Hawpton, la. To Oust Telephone Company. A committs recently appolnted by Business Mens' club of this city has re- company, which holds a frapohise her PoOF service. A resolution was passed Daming a committee to secure subscriptions for a local company with the result that the necessary capital is nearly all secured &8 PEARL STREET, 'Phome 97, | and & new line assured. Council | It is understood that this city can | the family residence and interment will be | men working out their poll tax, and those | YANKTON, 8. D, May 10.—(Special.)— the ported that the Northwestern Teléphone is charging exorbitant rates and rendering B S ———— [KINSMAN POST TO ATTEND Will Bring Tattered Battleflag of O1d Regi- ment to the Monument Dedication. FEDERAL OFFICIALS AFTER A DOCTOR Ottamwa Dentist Threatens Libel Suits and the State Dental Associa- tion Rescinds It Action Cen & Him, (From a Staff Correspondent.) DES MOINES, May 10.—(Special.)—Des Moines old soldiers and especially mem- bers of Kinsman post of this city, named after the gallant Towa colonel whose monu- ment is soon to be unvelled in Council Bluffs, are preparing to attend the dedica- tion, May 17. The post will be officially represented at the ceremony. Arrange- ments have just boen completed whereby the officers of the post will be permitted to take from the record cases in the state capitol the tarn and tattered battle flag of the Twenty-third Iowa infantry volun- teers and carry it to Councll Bluffs on the occaslon, Held for Bad Use of Mails. Dr. Trotter of this city and Miss Anna Carlson, who has been acting as his sec- retary, were arrested and today gave bonds for appearance before the federal grand jury to. answer to a charge of using the mails for advertising an illegal business. Dr. Trotter conducts a medical inetitute in the city and advertised liberally. It is alleged by the postoffiice officials that as a result of correspondence with him two women entered Into an agreement whereby the doctor was to perform a criminal oper- ation at his medical institute. A wagrant has been sworn out for the wife of Dr. | Trotter also. He waived examination, but Miss Carlson insisted on & preliminary | hearing and showed that she merely acted | a8 clerk and stenographer for the doctor. Lib Governor Cummins and State Librarian Brigham went to Grinnell today to attend the ceremonies of the presentation to the city of the Stewart library bullding, the gift to the city of Grinnell of Joel Stewart of that city. New Corporations. Treynor Savings bank, Treynor, Potta- wattamie county; capital, $15,000; W. B. Oaks and others. Vernon Farmers' Mutual Telephone com- pany, Vernon township, Wright count; capital, $10,000; A. Risse and others. Grionell Electric Light and Heating com- pany, Grinnell; capital, $75,000; C. C. Jame- son and others. No Libel Suits. Dr. Lewls, the Ottumwa dentist who was the subject of harsh cemsure from the Towa State Dental assoclation on account of his alleged action in attempting to cure some additional legislation in regard to the dental laws of the state, threatened to bring suits for libel against the mem- bers of the assoclation who were instru- mental in having the resolutions passed and as a consequence the association for- mally rescinded its action and completely exonerated him from blame. The contro- versy has aroused a t deal of ill-teeling in the dental soclety and may result in disrupting it. Revision of the Canons. The revision committee of the lowa dlo- cese of the Episcopal church has been at work the past year on the canons of the church for the diocese and is prepared to make a complete report at the cenvention ry Presented to Grinnell. of the church to be held in Davenport be- ginning May 20. Corner Stone Laying. The corner stone for the new lowa 0dd Fellows Orphans’ home will be laid in Ma- son City next Wednesday, May 14, and rep- resentatives from many of the Odd Fel- low lodges of the state will be present. Grand Master Newman of this city wili preside and conduct the ceremonles. PLEA FOR THE BORACIC MEAT Protest is Made by German Chemists nd Packers Agal Prohibition, BERLIN, May 10.—A conference of chem- ists and meat packers was held here to- day to protest inst the prohibition eof the Bundesrath concerning the use of boracic acld in the preservation of meat and the importation of meats so preserved. The opening address was made by Dr. Kay- T of Nupemburg. He sald 38,000,000 peo- ple in Germany were already eating much less meat than their health required, that the decree of the Bundesrath tended fur- ther to reduce the avallable meat supply, limiting the imports of forelgn and the preservation of domestic meats. In ad- dition to this, however, declared Dr. Kay- ser, the meat export industry of Germany would be hard hit, insomuch as it would lose its competing capacity abroad. Privy Medical Counsellor Prof. Liebrech went comprehensively into the chemical side of the controversy with regard to the use of boracic acid. He sald the trouble with the experts of the imperial health office was that they considered the sub- ject from one side only, that they sought to make a case against the use of borax in any form or quantity, argulng from the principle that if Injurfous in large ouantities. it must also be s0 when used in small quantities. The tendency of food specialists to condemn the addition of any ingredients tc natural food products is wholly untengble in practice, sald :he eveaker. Health can be injured by the use of too much pepper or mustard and small ocuantities of borax are perfectly harmless. Prof. Liebrech said he had used borax medicinally with good effect upon bis patients. He ridiculed the experiments conducted by the health office as mere academic efforts. EYES TAKEN OUT AND SOLD VICTORIA, B. C., May 10.—Thetollowing is & brief translation of a consular report ‘| from Shanghai on the Ning Po agitation: The Imposition of house taxes on the people lately for the purpose of helping the central government in the payment of the indemnity to the powers has given a #00d chance to the local vagabonds to stir up some disquieting movements among the people. Three hundred natives came to Ning Po from Tal Chow, declarng that they had been asked by one Yang to obtain the eyes gouged out of children, which he could sell to & forelgn hospitel in Ning Po, to be used as medicine. They soon caught a native child wnd pulled out his eyes, causing sudden death of the poor victim. The direct offenders were immediately arrested by the police of the town, who finally cuted some of them. The native residents in Ning Po got very excited and began 1o mensace lu many ways the foreiguers, to N B T D ———— the great apprehension among the European community in the port CORRIGAN'S PLACE VACANT Temporary Incumbent Probably Will Be Placed in Archbishop Station. ROME, May 10—The correspondent of the Associated Press is Informed that it is not likely that the successor of Archbishop Corrigan will be nominated at the next consistory and that probably more than a month will elapse before a decision in the matter will be reached. It is theréfore probable that a capitulary vicar will be appointed to administer the archdiocese. Shortly prior to his death Archbishop Corrigan sent the pope a check for $50,000 as a personal gift in connection with the pontift's jubllee. It is calculated that the diocese of New York supplles the vatican with most of the Peter's pence, which has now been reduced to about a third of the amount formerly received. M’LAURIN KNOCKS HIM DOWN South arolina Senator Resists with His Fist Assailant in Hotel Lobby. WASHINGTON, May 10.—There was an exciting scene in the lobby of a hotel here tonight In which Senator McLaurin of South Carolina figured. The senmator was sitting in the dining room with a gentle- man when he became the object of some oftensive attention from a man, whose name the senator refuses to disclose and who, the senator says, was under the influence of liquor at the time. Shortly after this the senmator and his friend left the dining room and went to the cigar staad. While standing there the man, who had followed the senator from the dining room, approached him, where- upon Mr. McLaurin knocked him down. The man's friends came to his assistance and ended the scene by bustling him away. The senator was not struck. There were no arrests. WICHITA MAKES A PROTEST patterns dainty and the most rofi:fmfln both union and two- A full line of Munsing and Superior 81,00, $1.50, 2-piece Suits from 50c to $2.50 SMITH % BRADLEY, Summer Underwear.. In all colors, delicate and robust. In bold. In fabrics of weaves, and in piece makes. $2.00, $2.50 415 Broadway, Council Bluffs. DEMAND IS UNPRECEDENTED Oonsumptive Orders Burpass All Records of Nation's History. HOWEVER, PRODUCTIONS ARE CURTAILED ted by Disasters and Contro- Though Retail Distrl tion Heavy and Railway Earnings G Cong: versies Continues NEW YORK, May 10.—R. G. Dun & Co.’s Weekly Review of Trade says: At a time when consumptive demands Complains of Diserimin 1 | surpasa all previous records in the nation's history it Is unfortunate that production Rates Favorabis to Kdne should be curtafled. Yet that is the pres x City. ent situation. Fires, labor controversi and ‘a tornado stopped work at many WICHITA, Kan., May 10.—Four new com- plaints were forwarded to the Interstate Cemmerce commission by the mayor and council of this city today charging that the Rock Island, Santa Fe, Missourl Pacific and 'Frisco rallroads are discriminating agalnst Wichita and in favor of Kansas City In the matter of coal, lumber and other frelght rates. The complaints are similar to that made two weeks ago charg- ing discrimination in rates in favor of Kansas City. The commission will meet here June 1 to take evidence. MORTON’S DEATH GREAT LOSS Tribute is Pald Late Nebraskan by Former President Grover Clevel: PRINCETON, N. J., May 10.—Speaking of the number of prominent men who have dled within the last few days former Presi- dent Cleveland eald to the Assoclated Press: “Mr. J. Sterling Morton, who was at one time a member of my cabinet, was the only one I knew personally, so I do not wish to make any comment further than to eay that the country has sustained a great loss. The death of the author, Mr. Ford, was a very sad event. Mr. Cleveland was asked today for his opinion of the effect on the country of the recent effort of the dressed beef combine. “It looks.” sald Mr. Cleveland, ‘‘as though the packers had overshot the mark. 1 see by the newspapers that the markets are full. and that the farmers’ produce is not being used as freely as formerly, ani that stock raisers are content to sell thelr cattle at reasonable prices. I judge the situation {s beginning to assume normal proportions.” NOTORIOUS MAN ROUNDED UP Al Beard, for Whom Reward is Of- fered in St. Pa s Captured. KANSAS CITY, May 10.—Al Beard, with many aliases, wanted in St. Paul on a charge of robbery and for whose capture the Minnesota officials offered a reward of $1,600, was arrested here today. Beard is sald to be one of three men who shot and killed Policeman Charles Mayer in St. Paul on February 1 last, while they were rob- Dbing a store. Beard was conmected with a gang of bank robbers and highwaymen that was broken up at Hanover, Kan., in 1896, and in 1897 was convicted with two others of robbing the Bank of Davemport, Neb. He was also wanted for alleged, complicity in the robbery of the Bank of Turin, Ia., points, greatly reducing the output, many more wage disputes must be set. tled before the end of the month or fur nace fires will be banked and wheels cease to revolve. Losses by the elements have been severe the largest tinplat. prant in the world being, rendered ldle probably for a month, while many foundries and shops were de- stroyed. Prices of commodities on May 1, as shown by Dun’s index number, rose to the highest point in recent years, gaining .3 per cent over the corresponding date last year, but this week there has been a material decline In some products, notably grain. Distribution through retail chan- nels continues very heavy. Rallway earn- ings are steadily gaining, full returns for April exceeding last year's by 10.6 per cent and 1900 by 25 per cent. Footwear shops in New England have re- celved more orders, although the aggregate of new business {s not heavy. Western jobbers have not taken all their spring hoes, while there is a general tendency to delay’ placing contracts for fall. A few small concessions in prices are reported. Leather is steady, with increased (rading i belting butts. Domestic hides have again advanced, especially In packer varfe- ties. A disposition to await developments is still seen in the textile markets. Recent depression in sllver has seriously affected exports to China, olders of cotton goods are not urging sales at the expense of values. Woolen Eoods are scarce, but jthe demand fs still confined_to substftute orders caused by the strike, Raw materials in the textile manu- facture show a decided firm undertone, al- though cotton suffered a& sharp setback early in the week. The couapse of option prices must be attributed to the customary profit-taking after a vigorous advance. Dispatches to this paper promise a large wool clip, though the late spring has de- layed shearing. Thére has been less sell- ing of wool on the sheeps' backs and ranchmen appear to be in financial condi- tion to hold their yleld, until satisfactory prices are forthcoming. More encouraging weather reports have made the outlook brighter for a normal wheat yield. Bxports from all ports in the United States during the year amounted to 3,477,3 bushels, flour included, compared with b, in the preceding week, but there appeared an Increase over the 3,153, 521 bushels shipped a year ago. Special reports to Dun's Review indicate that the spring_wheat outlook s good, although some reduction in acreage was caused by high prices for coarse grains and last year's splendid returns. Evidence of larger planting had a weak- ening influence on corn, but there still appears an increase of 2 per cent over the prices of the year preceding and 6 per cent over 19 at this date. Fallures for the week numbered 218 in the United States, against 187 last year, and 24 In Canada, against % last year. BRADSTREETS REVIEW OF TRADE, General Situation Active, with Big Demand for Bullding Mater NEW YORK, May "10.—Bradstreet's says: Improved weather conditions furnish the keynote for the more cheerful tone in dis- tributive trade. The general situation may be summed up in one word, “activity,” the only important exceptlon to this being noted in the woolen Industry, which is in- terefered with by strikes. ‘The unsettlea anthracite coal situation also overhangs the eastern trade situation. last fall, when $1,600 was taken. In|Iron and steel trades are still pushed to Beard's room here was found burglars' | the utmost tension. Bullding and all lines ependent thereon are active. tools, dynamite and other paraphernalis. rices, particularly of food products, show practically undiminished strength RABBIS ELECT NEW OFFICERS | four-fifths of all staples being as high if Association Selects Dr. Jose Sflver- man of New York for President. NEW ORLEANS, May 10.—Today was the last day of the annual session of the Jew- ish rabbls of the United States. A long and interesting report was presented by a committee on the views and suggestions of the president in his annual report. The following officers were elected: Honorary oresident, Dr. Moses Milzeiner, Cincinnati; president, Dr. Jose Sllverman, New York; not higher than a month ago, while only one-fifth are lower, while as compared with a year ago four-fifths of all prices have ~advanced. Rallway earnings are really surpassingly good. The feature in iron and steel fs the scarcity of supplies of pig fron and the strength of the demand for finished prod- uets, particularly ctural materials, what few rails are avaliable whatever tonnage can be secured of bars and plates. Some scattered lots of standard rails have brought $1 per ton this week, against the nominal price of §28 per ton. mer pig {8 active and quick de- will “easily bring 320, while steel billets are selling at $§.60. Among the other metals tin is higher on’ the week, while copper 18 rather weaker. vice presidents, Dr. Joseph Kraukopft, | Little or no decrease In the demand for lumber s noted. Builders' nardware Is ap- Philadelphia, and Dr. Samuel Sale, St. | iToiio® ‘atematically higher In price, Louls; treasurer, Dr. Levy, Peoria, IIL; |though the formation of the new hardware recording secretary, Dr. Adolph Gultch- mayer, Baltimore. corresponding secretary, Dr. Rudolph Grossman, New Yor) tive committee, Joseph Saenger, clsco; Leon Franklen, Detroit; H. N. Fel low, Louisville; Toblas Schienfelter, Chi- cago; Joseph Soltz, Chicago; G. Deutsch, Clncinnati: Max Heller and L L. Leucht, New Orleans. JURY FINDS COPELAND GUILTY Decide the Killing of A. C. Rogers by Former Omaha Man Was Manslaughter. GREEN RIVER, Wyo., May 10.—(Special Telegram.)—The jury in the case of Ned Hartley Copeland, on trial for the killing of A. C. Rogers of St. Joseph, Mo., brought in & verdict of manslaughter Friday aft- ernoon. The erime is punishable n this state by confinement in the penitentiary for from ten to twenty years. Copeland bas not yet been sentenced. lowa and Iliinois Share Ho, re. EMPORIA, Kan.,, May 10.—(Special Tele- gram)—in the interstate track mest be- nois, Towa, Mis- park this afternoon lllinois and lowa represen- tatives made the best records. Half-mile run: Campbell, Cedar Falls, Ia., won. 100-yard dash: Lucas, Illinols, won. Pole vault: Frederick, Niinols, won. Bhot-put: ‘Kays, Illinols, won. of Broad jump:" Jones. lowa, won. Jan len ‘hurdies: Carman, Iows, Sixteen-pound hammer-throw: Drake, Kansas, won, High jump: Cole, Town, won. There was a very largs crowd. No rec- :3-."“ lowered, nor any very lnj ones e e ————— jobbers' combination is credited with some effect Eastern shoe trade heavy number of orde ments than for some time p: quiet, as &' whole, but hides stronger. Heavy lquidation oceurred in cotton, but later & larse part of the decline was re- ained. The feature in dry goods is the mproved demand at retall and the large fe-order business. Wool is active at a higher range than a year ags advices are of a and larger ship- Leather is vheat, including flour, exports for the week uggregate 5,302,240 bushels, against 5,308,165 last week and 4175782 last yea Wheat exports July 1 i, fo date cforty five woeks), . agkrogaic 219167062 bushels, against 699 last season. Corn 126,756 bushel; against 12,679 last week and 1,683,831 year. July 1, 1901, to date, corn exports are 25,65,619 bushels, against 157,017,542 last season. Business fallures for the week in the United States number 179, against 174 last week, 198 In this week last year, 174 in 1900, 169 in 1899 and 260 in 1896 SUPREME COURT exports aggregate No. #62. Concordla Loan and Trust Com- ny against Van Camp. Appeal from ouglas. Afirmed. Kirkpatrick, C. De- partment No. 1. Unreported 1 In an action of for e upon a tax saie certificate and for subsequent taxes and special assignments paid such certifi- cate and receipts signed by the proper officer are prima facie of the validity of the taxes represented by them. Ure against Reichenberg, — Neb., — followed 2. Property sold for deiinquent taxes was described in the tax sale certificate as “Balance of tax lot 31, section 31, township 15, range 13, and was described in the sime terms on the tax lists and county records. In thelr answer to the petition raying a foreclosure of the tax lien de- endants admitted the ownership by one of the defendants of the property described and their interest therein as alleged. Held, that under the islons of section 142, article i, chapter Ixxvil, Compiled Statutes, 1901, the description was sufficient. No. 10644. Gresory ggainst Leavitt, Error There’s Always Plenty of Hot Water. Where our system of modern open sanitary plumbing has been introduced. Every job we undertake is done in the most thorough manner. Nothing is overlooked; nothing omitted. All work is done by experts, under intelligent superintendence, and all materials are first-class. We can't allow our reputation to suffer by ceasing to be the “BEST" plumbers. It we do it, it's done right. J. C.Bixby & Son, 202 MAIN, 203 PEARL ST, TEL 193, Council Bluffs. Imitation is the sincerest flattery, but some imitators of our methods are not successful“in dupli- cating all our excellences—hence fall In giving satisfaction. All we ask is a trial ot our work and ways—a candid opinion thereon. Do you know our prices? Had in answer to a postal, letter or personal call. Quick work, fair dealing, fair prices, our watchwords. Bluff City Laundry, WALLACE ,&. GROUT, Prop's, Phone 314, 22-24 N. Main, Council Bluff: De- Affirmed. Albert, C. Unreported. A judgment will not be reversed for er- from Lancaster. partment No. 3. rors of law occurring at the trial unless it i# alleged in the petition in error and shown by the record that the court erred in over- ruling the motion for a new trial. No. 10762. MCCO"BH‘"G& against Farney. Error from Hamilton. eversed with in- structions. Ames, C. Department No. Unreported. An action cannot be maintained by a vendor or his assignee to recover from his vendeo the purchase price of property con- veyed in fraud of creditors. If in such case the transferee participated in the fraud the maxim, in delicto petior est condito defendtism, applles. If he did not and the property has n taken from him without his fault by the defrauded creditors thers has been a ach of the warranty title accompanying the le which will de- feat a recovery. No. 10874 S against Voss. Appeal from Douglas. ersed and remanded. Klrz(%nlrh:k. C. Department No. 1. Unre- ported. 1. In an action upon foreclosure upon a tax sale certificate and for subsequent taxes and speclal assessments paid such certificate and receipts signed by the proper officers are prima facle evidence of the validity of the taxes represented by them. re against Reichenberg, — Neb., —, fol- lowed. 11418 Sussay against Willam J. Lemp Brewing company. Error from Dougl Afirmed. Ames, C., division No. 3. 1. When the judgment of a dlstrict court in a proceeding in error to review the judg- ment of a justice of the peace Is sougnt to be reviewed in this court the transcript of this court must contain the judgment of the justice of the peace and such other rocéss and pleadings as It s sought to ave reviewed or corrected. 2. This court cannot decide whether the district court erred in permitting an amend- ment to the return of a process, unless the process and the original return thereto or authenticated coples of them, are preserved in the record or bill of exceptions. 3. When the record in a proceeding in this court does not contain a transcript from the journal of the district court of an alleged order made by that court its ab- sence I8 not supplied by a recital in the bill of exceptions, certified by the court reporter to be true that sueh an order was made, It the judge at the time of settling the Dill of éxceptions certifies that the recttal Is false and orders it to be stricken out. 11437 President and Directors of the In- surance Company of North America against Packer. Appeal from Lancaster. Affirmed. Pound, C., division No. 2. 1. Alieged errors in matters of procedure, oceurring at or before trial, are not re. viewable by appeal. 2. A cause of action for alleged abuse of process and maliclous prosecution of a civil suit, based on an attempt to foreclose @& certhin mortgage In the federal courts, can- not be set up by way of counter claim in a subsequent suit to foreclose sald mort- gage. 3. The allegation that no proceedings have been had at law, required in foreclosur #uits, need not be ‘proved beyond possibility of inference to the contrary; it ough where no evidence appears to dispute it, 1 the plaintiff made & prima facle case. 1513 Enyart against Moran, Appeal from Otoe. ' Affirmed. Barnes, C., divisfon No. 2. 1. The district court has power to set aside, change or modify its judgments dur- ing the term at which they are rendered, An application to set aside a decree and allow the introduction of evidence upon a technical point is addressed to the discre- tion of the court, and error cannot be pre- dicated upon the' ruling thereon. 2. A purchaser of real estate, who takes his title by quit claim deed, ‘with actual knowledge of the llen of an unrecorded mortgage thereon, and who shows by his answer that he had actual notice thereof, and caused inguiry to be made as to the amount of the lien, cannot afterward claim that_he is an innocent purchaser for value 3. Such a purchaser having requested & third person, not the agent of the lien holder, to ascertaln the amount due upon the mortgage, cannot defeat a recovery of any portion of the mortgage debt on ac- count of a mistake, as to the amount of the lien, made by such third person. 4. Bvidence examined and held sufclent to sustain the decree. That where there sufficient evidence to show prima facle that no proceedings have been had or com- menced at law to recover any portion of the mortgage debt and such evidence is not disputed, the finding of the court thereon will be sustained. 1163, _ Dockarty against Tillotson. Error from Douglas. Affirmed. Ames, C., divi- sion No. 3. 1. Although agency cannot be proved b the admissions or des leged agent alone, yet if | against an alleged principal the the former as a witness and ind ify that he never represented hi nt with respect to the transaction in dispute, the testimony may be contri dicted' by’ proof of specific ins which the witness did so represent In other words, he may be subjected to the same test applicable to circumstances. 2 An_agent who contracts in his own name with respect to matters within the scope of his agency is personally obligated although the fact of such agency is known 1o the opposite party. an action ter calls other witnesses under ke 11529, Clary agalnst Watkins. Appeal from Nemaha. Affirmed, Day, C., division 0. 1. G. died intestate, leaving surviving her neither issue nor husband, father, mother, brother, sister, nephew, niece, grandfather, grandmother or grandéhildren. Her near- ent relative being two uncles and an aunt, cousins and second cousine. Held, That under our statute of descent the two uncles and the aunt took the entire estate to the exclusion of cousing and second cousing. 2 It Is the object of our satute to cut off inheritance per stirpes among collaterals nees in ! himself. | Cool, Refreshing Summer Drinks It you try one of our favorite summer drinks from our fountain and you do not find it the equal, if not superior, o any- thing of the kind you ever tasted, tell us Po and we are willing to be classed with the biggest prevaricators living. * The fact 18 that we keep only tho best flavors made, Our summer drinks are not only refresh- ing, but pure and whosesome, because wo use only the best ingredients in thelr preparation. If Your Girl Likes Ice Cream and Soda We are prepared to accommodate you with a nice, comfortable seat and a cour- teous attendant to fill your wants, We are at yout service and cordially extend all an invitation to test our summer drinks. We will make your visit as pleas- ant as possible, GEORGE W. FLETCHER'S Drug Store. TELEPHONE 275. 106 BROADWAY, - COUNCIL BLUFFS, ey where at any point beyond the children of brothers lnv!ll.ltern the survivi kil are of unequal degrees. In such case those nearest in degree take the estate to the exclusion of those more remot. Doug- lag against Cameron, 41 Neb. 88, Follownd. The following opinions wiil be ofcially e o I 9 lose against Swanson. Appeal from Burt. Reversed and decres entered F’Inlln. Dlrg'otull injunction. Kirkpatrick, 1 0. 1. diviston . Where no order has been made b county board laying out or establishing a traveled road, public has no rights in such road as against a land owner in ad- verse possession, except. such as are ac- Quired "by dedication and_user. Lydick against State, — Nel Y — 85 N W. Rep,, 70, distinguished. 2. To "constitute a valld dedlcation of private property for a public highway it must clearly appear that the owner in- tended to dedicate the land for a highway, and that the public by user or otherwiss accepted the land for that purpose. . Evidence examined and held not sustuin findings and decree of trial court 10606, Achenbach against Pollock. Error to from Lancaster. Affirmed. Albert, C., divi- son No. 8. L A judgment will not be reversed for errors ‘which are acquired to be assigned on a motion for a new trial, unless it is alleged in the petition In error and shown by the record that the court erred in over- Tuling such motion. 2. Verdict examined and held sufficlent to support the Judgment rendered (hereon 11300, Pecha against Kastl. Error from Butler. “Amrmed. " Hastings, C.," division No. 1. 1. Dental of “each angd every allegation of new matter set up in defendant's answer, and of “each and every other part except such allegations of said an may be edmigions of plaintiffs, subject to miotlon to strike, or to more specific, being neither general or e cific denial ufficient to prevent a jui ment for defendant on the allegations of the answer. 2. Fvidence examined and held sufficfent to support & fAinding for PAAUIT in action met & joint owner, and the purchaser of ‘a horse-power for conversion of it by & sale. 3. Not prejudicial error to leave out the element of plaintift's right of possession in Qefining conversion where that question so far as the case on trial {s concerned, is fairly submitted in another instruction. 't Tnstruction that, If conversion was found, both seller &nd purchaser of the property were llable, held not error when the circumstances which would and would not make the sale & conversion had been on County against David, | instfuctions. Oldham, C. | Division No. 2. 1. Where bonds of & county are lssued wiihout any authority the subs duct of the officers of the coun bonds so issued cannot create an esto which will supply this want of original wuthority. 2. A grant of power to a county to fasus bonds T aid_of internal improvements, 1t seasonably challensed, should be striotly construed; but after & long acquiesende in the exercise of the a wel after consideration has fully passsd. and bos iy are" iaatied under an’ ayparent authoriy which have passed into o hands of pur- chasers for value, a more lberai ruls of Construction In favor of the existence of | the power should be applied g o T PR B S s e e