Omaha Daily Bee Newspaper, May 14, 1902, Page 4

4 THE OMAHA DAILY BEE: WEDNESDAY, MAY 14, 1902. NEWS OF INTEREST FROM IOWA. BLUFFS. Lo a2l MINOR MENTION, Davis sells drugs. Btockert sells carpets and rugs Wollman, scientific optician, 409 B'way. Take home a brick of Metzger's fce cream. Vanlla, %c; Neopolitan, 3 seph W, Smith left last evening on & usiness trip to Chicage. The Etke will close the season with a dance at the clubhouse Wednesday night. Sherman Morris, colored, was arrested last night for threatening to carve J. A. Bowse, a white man No_&uccessor 1o appolnted until at t Board of Supervisors Bocial dance given stice Ferrfer will be » June meeting of the y Knights and Lades of Becurity. Marcus hall, Tuesday evening, May 18. Whaley’s orchesira. Admission, %c. A marriage license was lssued yesterday to C. M. Coltrain, aged 21, and Grace Van Wert, aged 28, both of Omaha. They were marrfed by Justice Bryant. The grocery store of F. Glifoll at 1636 West Broadway was broken into by thieves Bunday at midnight. They got away with a large quantity of tobacco, coffee, tea and cllmedt! ods. They took almost half the stock of these goods. The thieves secured entrance 1o the store by smashing in the front window. H. 8. Fishburn, charged with the theft of & bieycle belonging to Agent Parsons of the Burlington, was {dentified yesterday as the person who sold at a_second-hand ore in South Omaha the wheel stolen a fow days ago from Charles Balley of Ha rison street. He will have a hearing in police court this morning Willlam Thompson and E. G. Jones charged with breaking into Thomas Ma- loney’s cigar factory and stealing fifteen boxes of cigars, had a par hearing in police court yesterday morning. Thompson was (dentified yesterday by Omaha officers on. He 1s well known to the a thorities across the river, Herman Lund, fireman at No. 2 engine house, was sericusly injured SBunday night an the result of a pecullar accident. He was seated on the coal box at the fire house when a board gave way and he fell backward into the box. A rusty nail pens trated his thigh about two inches. Symp- toms of lockjaw set in yesterday morning and his condltion is sald to be serlous. He was removed to his home on Avenue A and Nineteenth street. N. Y. Plumbing Co., telephons 350. Willlam E. Haverstock Dead. Willlam E. Haverstock died yesterday afternoon at his residence, 130 Falrview avenue, from paralysis, after an fliness of nearly a year. He was 52 years of age, having been born December 27, 1849, in Duxbury, Mass. He came to Council Bluffs In the early '70s. In the epring of 1883 be formed a partnership with Thomas H. James In the dry goods and grocery business, which existed up to the time of hia death. On May 6, 1874, he was married to Flo- rence A. Teal, daughter of Stebbins A. Tenl of the Fremont, Elkhorn & Missour! Valley railroad. Besldes his wife he is survived by two sons, Charles 8. and Hor- ace T. Haverstock. Mr. Haverstock held the position of treasurer of the school district of Coun- cil Bluffs three different terms, and it while serving uch last July that he was stricken with paralysis and his partner, T. H. James, was appointed In his place by the court to fill out the unexpired term. Mr. Haverstock was a prominent member of the Anclent Order of United Workmen, being on one of the grand lodge commit- tees, now in sesslon in Council Bluffs. He was also a member of the Woodmen of the World and the Maeonic fraternity. The funeral arrangements have not been completed. Library Wants Free Telephones, Thé Board of Library Trustees at Its monthly session yesterday afternoon passed & resolution asking the city council not to approve any telephone ordinance upless 1t provided for a free service for the pub- e library. The board accepted the invitation to at- tend in a body the Kineman monument un- velling exercises and the Memorfal day exercises under the auspices of the Grand Army of the Republic. The librarian was instructed to close the library on Sundays from the first Sun- day in June until the second Sunday in September, inclusive. The report of the finance committee showed a balance of $2,733.95 in the tre ury of the library on May 1. Homes for All For sale at low prices and easy payments, homes in all parts of the city, including some of the nicest residenc and those of moderate size. Also dwell- Ings and oust property in Omaha. Farms bought and eold. It will pay you to see us at the office of J. W. Bquire. These transfers were filed yesterday fu the abstract, title and lcan office of J. W. Squire, 101 Pearl stree J._W. 8q Stilwell, pai Danel 12’ Hovs a o Sogley, wid Teat T0¢ 11! block 4. Park llfirl/‘l‘ © Jor ock 25, Neola, 8. d. 8. A, Beason t6 M Belden's subdiy., w. John Peter and wite to H westerly 20 feet lot Mas' 1st 0dd., w. d ‘oyle and wife to Al lot 18, McGee's subdiv. of Block 34 Hughes & Donfphan's add.. w. d Fremont Benjamin and T. G, Turner and wives to Paul C. DeVol, e30) feot of wisis feet lot 1 in subdiv. o lot §, block 5, Mynster's add., w. d Independent school district of Councii Bluffs to H. P, Butler, lot 6, subdiv. of the High school property, w. d.... Sullivan Aldrich and wife tb Tra & Tye, swi 10-8.38, w, d............... John ‘R. Schofleld and wite to Henry Welrich, nell 34; sy se}y 27, except . and swii swi O. Redman ‘and wife to 0. 8 Blanchard, undivia of et seld H-T7- E_ M. Smart and wite io Mary B Olney, lot 0, Auditor's subdiv. sey Ted0, W. diviovnninnnns H.' Hansen and wife (o Frederick Hansen. oif nwi and nw# nwig 8-76-43, q. c. . W. H. McClelland and wife to Mason City & Fort Dodge Raliroad com- pany, right of way over nwi 4-T5-8, lot 82 1 s Lo 500 400 1,800 7,000 100 Fourteen transfe WUITS CLEANED— Dyed and eased. B sl attentlo given fudles garments Also cheniile Surtaina. neady "leanea’ dyea'and " ‘Phone L-0is. lowa Steam Dys ‘orks, 34 Broadway. 1 EWIS CUTLER " —FUNERAL DIRECTOR— (Buccessor to W, C. Estep) Phona AT AGREE ON ONE FRANCHISE Aldermen, Bitting as Committee of the Whole, Approve Dubuque Proposal. TURN DOWN JOHN H KUHNS' PROPOSITION Objections to the Latter is the Toll Rate and the Fact that His Com- pany ir Not Incorporated in State of lowa. The aldermen, sitting as a cammittee of the whole Monday afternoon, decided to recommend the ordinance submitted by President Stevens of the Dubuque Tele- phone company in bebalf of the Interstate Telephone compuny for a franchise to the city council for its approval and submis- slon to the electors of Council Bluffs. The ordinance had been redrafted by City Sollcitor Wadsworth and only a few minor changes in the wording of some of the paragraphs were made. An important provision of the ordinance as it now stands is ome calling upon the company to file within ten days after the electors have approved the granting of the franchise a bond in the sum of $15,000 as a guarantee that it will carry out its contract, this bond to be forfeited in the event of the company not completing and having its tel- ephone system .n operation within eighteen months from the granting of the fran- chise. The ordinance as it came before the com- mittee yesterday afternoon called for the installation of “long distance equipment’ ‘phones, which Mr. Stevens explalned meant metallic circuit ‘phones, but in or- der that no mistake should occur in the fu- ture the ordinance was corrected to defi- nitely name ‘‘metallic cireuit, long-dis- tance equipment.” Asked as to whether he would agree to furnish free telephones to the schools, Mr. Stevens sald the company had mac all the conceseions it reasonably could and that in offering to furnish the city with twelve ’phones free it had done all It could in that respect. He stated that the company expected to give a discount of 10 per cent to religious and charitable insti- tutions. He stated further that to grant the request of the Board bt Education for free 'phones for the school houses would mean a reduction In the percentage of the earnings that the company could pay the clty. Superintendent Lane of the Nebraska Telephone company made a proposition to the committee to pay the expenses of a committee or the entire council to St. Jo- seph to Investigate conditions arlsing from having two telephone systems in a city. Attorney Wadsworth on behalf of the Interstate company suggested that the council make a trip to Dubuque and in- vestigate the conditions there, where two telephone companies were doing busines: also, to inepect the character of the equip- ment that the company proposed installing in Council Bluffs in the event of it obtain- ing a franchise. Alderman Lovett urged the committes to proceed cautiously. He sald it had al- ready in the past had experience in two competing motor lines and the granting of a franchise to a new telephone company might result the same. He sald that his opinion the council should thoroughly investigate the company seeking the fran- chise, even if such an investigation occu- pled one or three months. Alderman Lougee sald that he did not question the cific since 1886, He lived at 1624 Tenth ave nue and leaves & wife and four daughters. Funeral arrangements will not be made until after the arrival of relatives from Wisconsin, Davis selis grass. WORKMEN ARE HERE IN FORCE Everything in Readiness for the Open- ing of the Grand Lodge This Morning. Delegates to the Towa grand lodge of the Anclent Order of United Workmen arrived on every traln Monday, and by night It was estimated that 200 visiting members of the order were in the city. The grand officers were assigned rooms at the Grand hotel, which was selected as headquarters, and here most of the delegates assembled | during the day. | Small triangular flags of various colors | bearing the words, ““Welcome, A. O. U. W.," are to be seen in all parts of the city and Royal Arcanum hall, where the session of the grand lodge will be held, is gally decorated. Handsome badges provided for the delegates by the local committee are much in evidence. A class of fitty was initiated last night into the mysteries of the side degres of the order, the Anclent Phoenician Order of the Nobles of Tyre. A carload of parapher- Balla for the conferring of this degree a rived yesterday morning from Des Moines. Preceding the opening session of the grand lodge at 10:30 this morning, there will be a street parade, which will form opposite the Grand hotel at 9 o'clock. This will be the formation: Escort of Degree Team of Councll Blufts Lodge No. 270, in Full Uniform. Musical Union Band of Council Bluffs. Grand Lodge Officers. Grand Lodge Delegat Visiting Membe: Delegations and Degree Teams of Omaha Lodges Nos. 17, 18, 96, 98, 189, 173, 399 and 822, Delegation of South Omaha Lodge No. 6. Officers and Members of Council Bluffs Lodge No. 270, Sloux City is here with the avowed In- tention of carrying off the meeting for 1908. Its delegates are provided with badges in- soribed, “Sloux City, 1908, Sure,” which they are pinning onto every dolegate they can. It is sald that by today the delegation trom Sloux City will be twenty-five strong. Dubuque 1s sald to be also out for the 1903 session. At the afternoon sesslon today of the grand lodge nominations for officers for the ensuing year will be made and the elec- tion will be held Wednesday morning. Mrs. Mary J. Skegg, grand chief of honor: Mrs. Nelly P. Deets, grand receiver, and Mrs. Towa Shyrock, grand recorder, Degrae of Honor, arrived yesterday. The Degree of Honor, the woman's auxillary to the Anclent Order of United Workmen, holds its grand lodge blennially, and this s the off year. As the grand lodge of the parent organization has jurisdiction over the aux- illary, the grand officers of the Degree of Honor attend the grand lodge sessions. These grand lodge officers arrived yes- terday: Past Grand Master Workman R. L. Tilton of Des Moines, Grand Master Workman Will M. Narvis of Muscatin Grand Foreman W. H. Berry of Indianola, Grand Overseer J. K. Townsend of Burlin ton, Grand Recorder B. F. Rehkopf of Des [PLANS FOR NEW DEAF SCHOOL Bpecifications for Temporary Structure Sub- mitted to Iowa Board, COAL MINERS AND OPERATORS CLASH Employes of Twelve Mines in First District Walk Out Over Wage Seale Controvaray—Dalryman Ac- cldentally Shot. (From a Staft Correspondent.) DES MOINES, May 13.—(Speclal.)—The state executive council met this morning to consider the needs of the State School for the Deaf at Council Bluffs. The members of the State Board of Control presented to the council plans and specifications for a temporary structure prepared by the state architect at their suggestion. The bullding would be a one-story wooden structure, constructed as cheaply as pos- sible, but suficlent for a general bullding for the school. In addition to this there would be dormitories for the boys and for the girls. The estimate of cost showed a total of about $28,000, with the necessity for furnishing at about $10,000 additional. The executive council had at its disposal only $35,000 for the entire two years. It ¥ possible that the Board of Control may find other ways of helping out the needs at the school. It is planned in these temporary struc- tures that the most of the material can be used agaln in a permanent buflding when that is erected. The executive council di cussed the proposals fully with the mem- bers of the board, but decided that no ac- tion could be taken immediately, and the members desired to have time to consider it. This afternoon the members of the Board of Control went to Anamosa penitentiary for inspection and they will go to other of the state institutions before returning. Nothing definite will be decided as to the plans at Counc!l Bluffs until another meet- ing is had with the executive council. It s certain, however, that temporary struc- tures will be erected for the use of the school, so that it will not suffer in the least Judge Munger Holds Court. Judge Munger of Omaha arrived in the city today to hold court for Judge McPher- son, in accordance with the exchange made by the two. Tomorrow morning he will empanel the grand jury and open cour:. The docket 1s not a heavy one. The most important case on the docket for trial is that of the United States against Letson Balllet, accused of using the malls to defraud In connection with mining ven- tures in Oregon. The case was started at a term of court last fall, with Governor Cummins as counsel for the defendant, but in the midst of the trial ome of the jurors was accldentally suffocated with gas and the case had to be continued. Governor Cummins will not appear in the case this time, but Judge Bishcp, who re- cently resigned from the district bench, will defond. Judge Zala M. Church of Jeffer- son, Ia., 1s also in the city and is holding court for Judge Holmes of the district Moines, Grand Inside Watchman B. Totman of Creston and Grand Outside Watchman J. R. Halnes of Marshalltown. Also P. H. E. Sommetfeld of Dubuque, A. Hartung of Des Molnes and 1. P. Van Clse of Mt, Pleas- ant, grand trustees. H. Michelstetter of Sioux City and J. H. Campbell of D Moines, members of the finance committe F. W. Eichelberger of Bloomfield, a member of the law committee, and Henry Lehman of Des Moines and J. H. Merckens of Fair- good faith of the Interstate company and it was on his motion that the ordinance was recommended to the ccuncil for its ap- proval and submission to the voters. On convening the committee had the or- dinance submitted by J. K. Kuhns of Omaha on behalf of the International Tel- ephone Company of America read. Objec- tions were made to the 2-cent toll for every call on the grounds that it would prove more expensive than possibly the ex- Isting rates, and Alderman Casper opposed consideration of the proposition because It came from a forelgn corporation, eaying he would never give his vote to a company organized out of lowa. Alderman Lougee was also primed with a number of objec- tions, and the ordinance was lald on the table. Mr. Kuhns stated that the company was organized in Delaware with an author- ized ‘capital of $200,000,000. Sealed proposals will be received at the office of the superintendent up to 6 p. m. Thursda; May 15, for pulllag down wrecked walls of main bullding and chapel of the Iows School for the Deaf, also from carpen proposals for replacing roof over the kitchen. Further information at office of HENRY W. ROTHERT, Superintendent. SWITCHMAN GOES UNDER CARS O'Nelll, Forman of Union Pa- cific Crew, Instantly Harry Henry O'Nelll, foreman of a ewitching crew in the Unlon Pacific transfer yards, was run over and instantly killed at 2 o'clock Monday morning while assisting in switching cars. How O'Nelll happened to fall beneath the wheels is not known, as none of the crew witnessed the accl- dent. O'Nelll's body was terribly mangled and death was igstantaneous. The remains were removed to Lunkley's undertaking Tooms, where an inquest was held by Coroner Treynor. The engine was In charge of Engineer Campbell and Fireman Thomas, who, with Wheeler and Costello, members of the |switching crew, were summoned as wit- nesses at the Inquest. Their testimony showed that a string of cars was being taken from the east to the west end of the yards for the purpose of switching them on to various tracks. O'Neill stood on the left side of the footboard of the engine, while the two men under him were on the right side. The traln was moving not faster than three or four miles an hour when Fireman Thomas' attention was at- tracted by a pecullar nolse and he looked back just In time to see O'Nefll's lantern g0 out. Thomas called out to Engineer Campbell and the traln was at once brought 0 & standstill. O'Nelll's body was found umder the front end of the fourth car, Marks on the second car from the locomotive showed that it had passed over the body. Fireman Thomas testified that he did not see O'Neill when be looked back, but only caught a glimpse of the light from his lantern for a second. The place where the accident occurred w just about where O'Nelll was in the habit of dropping off the engine footboard to go across to the right side and assist the men with him in switching the cars when a string of them would be taken on that track. The theory advanced by the wit- nesses was that O'Nelll must have stum- bled in dropping off the footboard and falien Letween the first and secand cars, The jury, comsisting of George Treynor, Joseph Palmer and T. A. Baton, returned a verdict exoperating the raliroad company and crew. Henry O'Neill was 48 years of age and bad been in the employ of the Unlon Pa- fleld, members of the grievance and app commlittee. Plumbing and b ting. Bixby & Som LAST TOUCHES ON MONUMENT Everything in R s for Dedicat- to Col- General Grenville M. Dodge arrived in Council Bluffs yesterday morning and will | remain in the city until after the unvell- ing of the monument'to Colonel W. H. Kinsman in Fairview cemetery Saturday. General Dodge visited the marble shop, where the finishing touchee to the monu- ment and the lettering are being put on. On the front of the monument, which will face the south, there will be a large bronze medallion of Colonel Kinsman with the in- seription: “‘Colonel Willlam H. Kinsman. Born July 11, 1832, in Cornwallls, Nova Scotla. Killed in battle of Black river bayou, May 17, 1863.” On the east side will be the inscription: ‘“‘Teacher in the public schools of Council Bluffs; lleutenant and captain of Company B, Fourth Iowa infantry; leutenant colonel and colonel Twenty-third Iowa infantry.” The Inscrip- tion on the west slde. will b “Brected by his comrades and the citizens and school children of Council Bluffs, Ia." A meeting of the committees was held last evening at the residence of General Dodge and arrangements for the unveiling exercises completed. The procession will form at 1:30 p. m. on Bayliss park and move at 2 o'clock. It will form as follow Dodge_Light Guard. High School Cadets. Kinsman Post of Des Moines. Fourth Iowa Veteran: Twenty-third lowa Veteran: John L. Moore Post, Army of Philippines. Towa Soclety Army of Philippines. Unian Veteran Leglon. Abe Lincoln Post, Grand Army of the Re- public. Veteran Soldiers and Satlors. Clvic Bocleties. | School Children. | Mayor, Councll and City Officta rlages. Public Library Trustees. Fire Departmen Citizens in John Lindt will be grand m Major General G. M. Dodg day. A. Stralght, s . president of Lieutenant J. Emmet Tin- ley and J. W. Deweese of Lincoln, speak- ers Rev. George W. Snyder, chaplain. Abe’ Lincolh post and Unlon Veteran Legion will meet and escort Kinsman post from the train to Grand Army of the Re- public hall. R. N. Merriam and Willlam H. Campbell of Company B, Fourth Iowa, wiil meet the | their lace in the procession i & Goss and ‘aptain L. B. Cousins will have charge of the Twenty-third lowa Hegdquarters of these two regiments will be at the Grand hotel Gravel roofing, A. H. Read. 641 Broadw Davis sells paint, Wreck on Chicage & Alton. OLIET, 1., May 13—The Prairie state Siate express on the Chicago & Alton, leaving Chicago at 9 a m. today, was wrecked n: Elwood below Jollet. Four deralled by an open or de- fective switch and thrown against a high clay bank, but none of the passengers were serlously hurt. One woman, reported to be Miss Staehle of Wilmington, thrown through a window and cut by glass. T track was torn up for a considerable dis- tance and traffic delayed. P ed by tae President. WASHINGTON., May 13.—The president has granted a pardon to C. A. 8. Forrest, who was involved in the contempt pro- G%Inl the United Stal court in Ban Fourth lowa Veterans and assign them to | bench, the latter being {ll. Trouble Over Wage Scale., The coal miners In the First district, in and around Centerville and Cincinnatt, Ia. are out ont & strike owing to a disagree- ment with the operators as to the meaning of the wage scale which was adopted last winter here. The operators claim that the agreement gives them the right to choose to pay either on a mine run basis or a screen coal basis. They chose the former and the miners ob- Jected and have refused to continue at work until a settlement is effected. About a dozen good mines In the southern part of the state are affected. Colored Ministers Disagree. An interesting event took place at the weekly meeting of the Des Moines Minls- terfal assoclation today. Rev. F. Lomack of the African Baptist church, who has just returned from an extended visit in the south, discussed the paper which had been read and took occasion to declare his bellef that the time is ripe for a war to free the colored people of the south again, that they are not free, but in bondage; that the Christian people ought to take some actlon. After he had finished Rev. Mr. Gray of the African Methodist church of this city took the floor and discredited all that his colored brother had said. A sharp contro- versy between the two took place and It was only by stern efforts of the chairman that a flerce encounter was prevented. New Corporations in Iowa. The following Incorporation papers were filed with the secretary of state today: Towa and Minnesota Navigation company of LeClaire, Ia.; capital, $35,000; by Grant Van Sant and others. This is the company with which the governor of Minnesota is connected The Edwards & Bradford Lumber com- pany of Sloux City increased its capital etock to $700,000. The J. E. Sedgwick Abstract company of Waterloo Increased its capital stock to $85,000. Hayward Bros.' Shoe company of Vinton changed its name to Hayward-Glock Shoe company. Fees from the Dentists, The state treasurer today received from Dr. F. A. Lewls, secretary and treasurer of the Stute Board of Dental Examiners, $659.40, belng excess of fees over expenses of the board. This is the first time in the history of the board that there has been a surplus, the expenses of members hereto- fore taking up all the fees received. Some time ago the executive council employed expert accountants to examine the accounts of all state officers and boards and ex- amination was resisted by the dentists. The matter has not yet been disposed of. Play Havoe with Strawberries. Secretary Wesley Greene of the State Horticultural soclety has discovered that unless herolc measures are taken there will be a emall strawberry crop in Iowa. The sawfly is getting In its work in defoliating the vines, leaving only the skeleton of the Ilnv- . Unless this is stopped the crop will be greatly reduced. Mr. Greene urges the spraying of the vines with helibore or paris green Shot While Out H . George McCaughn, & dalryman living in the country south of Des Moines, was shot and perhaps fatally wounded Sunday even- ing. He and his hired man were out shoot- | Ing sparrows when & shot, fired by the lat- ter, struck MeCaughn In the abdomen. The doctors fear that I roal hemorrhage will result. McCaughn was to have been mar- ried within & few weeks. lowa Rallroad Net earnings of rallroads on business done In lowa during the year 1501 were $1,344,657.60 more than during the year 1900. These figures are deduced from the abstracts of reports of raliroads which have Just been completed at the office of Secre- tary Davison of the state executive coun- cil and for the reports of the previous n which Judge Noyes was the principal. Forrest wi . 4~ Al sentenced to on year. The gross earnings show an increase (ot over §3,000,000, bui the operating ex- penses larger In discussing this feature of the rey Secretary Davison states that he has no ticed that the railroads have a habit of figuring up large operating expenses every time there fs a heavier showing made in gross earnings. There ia little chance then, of the executiva council taking a ntage of prosperity and ralsing the as- sessment bceause of the net earnings. Fol- lowing are rome interesting totals of the report of business done in 1901 and com parisons with the reports of 1900 gate gross earnings 1900, L ) 1901, $56,048,549.76; operating expenses 1900, $37,260,745.10; 1901, $39,609,789.99 The trial of the case agalnst ex-Sherift G. E. Climle, charged with unlawtully col- lecting fees for feeding prisoners at the Appanocose county jail, which has been In progress in Centerville for two weeks, came to a close Saturday night, when the jury brought in a verdict of acquittal after be. ing out about five hours. A similar case is pending against the ex-sherlff, but it is also expected to fall, as the evidence in both cases 1s about the same. BURGLARS ROB POSTOFFICE Secure Seven Hundred Do of Stamps at Monroe, are shown to be proportionately DES MOINES, Ia, May 13.—The post- office at Monroe, thirty miles south of this city, was robbed last night by burglars. The safe was blown open by dynamite and several hundred dollars worth of stamps were taken. The explosion wrecked a portion of the buflding. Dennis on Trial for Murder. SHENANDOAH, Ia, May 13.—(Special.) —At Clarinda before Judge A. B. Thornell Edward Denn's le on trial for the murder of Oscar Miller in this city on December 18, 1901. Miller was found beaten and half frozen In the Wabash sand house. Dennts and two companions, Eugene Mason and Nesley Irwin, are held for causing the man's death, but were granted separate trials. The evidence is circumstantial Choose Site for New Depot. ONAWA, Ta, May 13.—(Special Tele- gram.)—N. M. Hubbard, attorney; Land Commissioner Cleveland and Superintendent Hodge, Northwestern officials, were here today and held conferences with the city council In regard to the location of the new depot. It was decided to erect the structure south of Diamond street, near where the section house now stands. Work is expected to commence at once. School Girl Takes Rough on Ra SHENANDOAH, Ia., May 13.—(Special.) —Flora Groesbeck, a 15-year-old school girl, attempted to commit eulcide yesterday afternoon by taking a dose of rough on rats. Lard was given her a short time af- terwards by her sister, preventing a fatal ending of the affair. The girl gave as her reason for taking the polson that she was tired of going to school. SUPREME COURT SYLLABI The following opinions will be officially reported: 10085. Gray against Peterson. Error from Knox. Reversed. Ames, C. Division No.3. Any distinct and unambiguous act evic dencing an intention by the seller to part with the possession and an intention on the part of the buyer to acquire the pos- session, accompanied by a tradition of the property from the premises of the former, or from neutral ground to the premises of the latter, satisfies the statute of fraud and suffices to transfer the title so that the former may recover the purchase price if it remains unpaid and the latter as- sumes the risk of safekeeping, and may defend his possession against all the world, 10825, Hare_ against Winterrer, Appeal trom Deuel. Former judgment of supreme court vacated. Judgment of district court affirmed. Sullivan, C. J. 1. The finding of a trial court upon an tssue of fact is conclusive In this court un- less clearly wrong. . If the lender's agent exacts from the borrower for the use of a money a bonus or commission in addition to the highest lawful rate of Interest the transaction is a violation of the law against usury. 3. Where a person through whose agency a'loan was negotiated rendered valuable services to the lender, and there was no reason to suppose that such services were ratuitous, the court or jury will ordinarily e justified In presuming that the lender knew the borrower had been required to pay for such services. 4. It would seem to be a warrantable pre- sumption of fact, based on common experi- ence, that men’ who rely habitually, in business transactions, the advice and udgment of persons representing adverse Inlerelu. seldom or never have money to oan. 5. Evidence examined and found to jus- tify the conclusion of the trial court that an agent who had negotlated a loan acted tor the lender and not for the borrower. 10478, Youngston against Bond. ~Appeal trom Kearney. Reversed and dismfissed. Kirkpatrick, C. Division No. 1 1. Under the laws of this state the right of ‘an administrator to the real estate of his decedent is possessory only, and such interest {s not sufficfent to authorize him to maintain a suit to quiet title to such real estate. Where a cross bill asking afrmative rellef against a co-defendant is filed out of time, and no summons is issued thereon or served cpon such co-defendant, and no appearance is made thereto, the court has no jurisdiction to try the issues tendered by such cross bill. 10700. Huffman against Ellls. Error from York. Affirmed. Kirkpatrick, C. Division No. I Sedgwick, . not sitting 1. Evidence tending to establish a_separ- ate orai agreement between the partles to a written contract as to matters which such contract is silent, if it does not tend to vary or contradict the terms of the written document, 18 admissible. 2. Instructions examined and held prop- erly given 1077 Garey against Kelly Dodge. Affirmed. Day, C. Division No. 1 T Fastruction that plaintifts in action against liquor sellers are entitled to com- ensation for loss of support caused by the usband and father's intoxication from all who sold or & such intoxicatlon, held not to assume im- properly any continuity of such intoxica- tion, 2 instruction that “support” in the statute as to intoxicating liguors does not mean the bare necessaries of life, but such means as would enable plaintiffa’to live in a “style and condition and with a degree of comfort suitable and becoming thelr station in life.” Held proper. 3. Instruction that the furnisher of any rt of liquor causing the loss of support [alable 1o the full extent of the loss, ap- proved 4. Evidence examined and held sufMcient to, uphold verdict £ ntiffs for $400. 11082, Thomas agal t Thomas. Error from Douglas Reversed and remanded Hastings. Division No. 1 1. Error in placing a law case on a equity docket over plaintiff's objection walved if at the trial plaintiff expressly declines hearing before a jury. 2. Error in holding witness incompetent and refusing all her testimony is imma- ferial if the testimony offered together with the proots received shows no right of action. 3 Bection 31, chapter xxiti. Compiled Statutes, In making an lllegitimate child an heir of the person who “shall in writ- ing signed In the presence of competent Wihness acknowledge - himself to be the father of such child" only provided for evidence of paternity of the prescribed kind. 4. No intention to make the child an heir and no distinct statement that it is an il- legitimate child need appear in the writ- on in A woman whose marriage with de- cedent was annulled during his litetime be- e of the existence of a former hus. band at the time of the marriage is a com- etent witness against his estate as to dcts learned otherwise than by communi- cations from deceased during the existence of marital relations 11312 Moseley against Fillebrown. Ap- peal from Milimore. Afirmed. Sedgwick, J 11320, Hall against Hopper. Error from Douglas. Aftirmed Oldham, €. Division et prineipal cannot accept the part of an’ unauthorized contract entered {nto by his agent which is beneficial to him and repudiate the part which % to his detri- ment. He must elther ratify the whole contract or repudiate it entirely. 2 Where a plaintiff sues on a_contract antered {nto through an agent who appar- ently acted with general authority, he will not be permitted to show a limitation of the authority of his agent in making such contract uniess he proves that such limi- tation was known to exist by the defeond- time the contract was entered Smith agalnst SBmith. Error from a upon | | Error_from ave him the liquor causing | Reversed and remanded. Holcomb, Ordinarily Where a devise of read prop- 18 couc in such language as to an_intention to vest the de immediately upon the coming erative and attached to fse are ain conditions the compl! ith and ormance of, which may accompany or follow & of the title in the de visee, such conditions will be construed as conditions subseauent 2. Conditions set out in the opinion In the present case held to be conditions subse- e 3 Conditlons fn a will that the devieee d be christened and baptized by a ain name and none other name and that he shall maintain and be known by that name during his natural iife are rea onable, such as a testator may lawfully impose, and enforceable i. Provisions and conditions of those of other contracts are to be con ed by the courts with the view of carrying out the intentions of the testator 5. The deceased Thomas Smith by his last will devised his real estate to a son near 2 years old by the name of Finley Smith, by his second wife. The son had, before the execution of the will, been glven the name of Bertrand Smith, ~At- tached to the devise were the conditions that the said son should be baptized and christened Finley Smith and none other name but Finley Smith, and that he shall maintain and be known by that hame dur- ing his natural life; and if such conditions were not performed and complied with the real estate devised should revert to the testator's other children, naming them, and their legal hefrs. The evidence dls: closes that while formal compliance had been had of the condition of the will as to the devisee being baptized and christened by the name Finley Smith, that he had never maintained or been Known by that name prior to the time he arrived at 21 years of age, when a contest arose as to hi ghts to the property under the sald provisions of the will. Held, that by reason of_such noncompliance and the failure to perform the condition Imposed by the terms of the will that the title of the devisee to the property devised thereby ceased and terminated and that such property reverted | to the other children of the testator and their heirs, according to the alternative provisions of the will. ace a will like CHRONIC CONSTIPATION Indicates a disordered condition of the stomach, and frequently leads to serious complications. For a permaaent cure DRINK NATURAL !IA“V! MINERAL WATER. The BEST and SAFEST remedy known. Be sure to ask for Hunyadi JANOS (full name); substitutes are worth- less and often harmful. Good enough for anybody! fLL Havana Flu.:l\ FLORODORABANDS are of same value as tags from 'STAR, 'HORSE SHOE. "SPEARHEAD. STANDARD NAVY. ‘OLD PEACH & HONEY and J. T."Tobacco. Half Fare RATES to Harrisburg, Pa. Philadelphia Washington, D. C. MAY 14 to 19, Good returning till June %. 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