Omaha Daily Bee Newspaper, August 28, 1902, Page 7

BURT BEFORE POLICE JUDGE Pleads Not Guilty to Ten Oharges of False Imprisonment. COURT SETS TRIAL FOR NEXT WEDNESDAY He Enters Court. [ President Horace O. Burt of the Union Pacific Ratiroad company wis arraigned be- fore Judge Berka yesterday morning on ten warrants charging him with false fm- prisoament, to which charge he pl gullty, was admitted to bonds in ¢ $3,000, released and bis trial set for Sep- tember 3. This s the status of the e brought agaibist President Burt by the men whom ths Union Pacific imported Sunday from In- dianapolls. As has been published these men, ten in number, claimed to have been employed by the company's agents under pretenses, namely, that there was no Strike on the Union Pacific, and they fur- thermore agsert that they were imprisoned on the car at Council Blaffs and at the shops by William Canada, chief of the Unlon Pacific’s secret service. It was for this alleged false imprisonment that the teh men wwore to warrants of arrest for President Birt and W. Arnett, employment agent of tife company. The case was placed in the hands of the county attorney and Deputy Thomas fs personally conducting the prosecution. President Burt entered the court at 10:35 yesterday morning, one hour and thirty- five minutes behind schedale time. He was @ccompanied by John N. Baldwin, general counsel for the Unfoh Pacifie, and John C. Viszard, special agent for the company. The other Unlon Pacific attorneys, Bdson Rich and Charles L. Dundey, who were Mr. Burt's bondsmen, were already there, having ar- rived at the hour appointed for the arraign- ment. Presidenit Burt walked to the front of the room and took a t. He wore an expressiont and he turned to #can the durfous crowd tha. thronged the court room a broad smile bedecked his stern countenance. Burt Signs Honds. After a few minutes’' consultation with Judge Berka, Prosecutor Thomas and Attor- neys Rich and Dundey, Mr. Baldwin back- oned to President Burt to step to the desk and sign his bonds. These, as have heon stated, were ten in number, one for each arrant, and were in the sum of $300 each. The president consumed but a few minutes in this operation. He displayed no emotion ‘whatever and his hand swept across the pa- per with as steady a stroke if he might have been signing receipts for large rall- Toad revenues. The officer of the court walved the read- ing of the warrants, and Judge Berka then said: “It will now ba necessary for you to plead, Mr. Burt. How do you plead, gullty or not gullty 2 “Not gullty,” quickly interposed John N. Baldwin, before President Burt had had time to realize the court's question. Then, turning to his leading attorney, Mr. Burt l:.l. with manifest curiosity, “What was that *“Do you plead gullty or not guilty?* re- peated Judge Berka. “Oh, not gullty," speke the president, in a low tone. ““Well, gentlemen,” safd the judge, agreed, then, {s it, that this case shall be eot for September 3 at 10 a. m.?" “Yes,"” answered the attorneys on each ;fl:t !: l:‘nr. “I‘d t:: court informed Mr. ul ‘woul ex) ed to ear for trial dt that tine. ™ » “Very well, is that all?" asked the presi- dent. “That is &Il Judge Berka replied, and Mr. Burt, bidding the court and attorneys good morning, left the room with Mr. Bald- win and Mr. Vizzard, returning to the head- quarters. Fas Nothing to Say. Asked it he had any statement to make after the proceedings were over, President Burt replied: ‘““Nothing at all, there is nothing to say." The occaslon of the president of a great rallroad being summoned to appear in po- lies court on a warrant of arrest created unusual interest and drew to the court room a large crowd of curiosity scekers. Before 9 o'clock the court room was filled and stragglers stood in front of the police sta- tion, all eager to get the first glimpse of the man whom. these “horny-handed sons of toll"” bad accused of depriving them of their liberty. There was the chroni juror in the motley « crowd, ! inpecunious ha- bitue of police courts, the man who never misses a session of these minor mills of Justice, & number of strikers and many of the complaining witnesses. In addition to these was the usual run of “morning glor- 1es” waiting for thelr sentences as “vags' or “suspicious characters.’” ‘The crowd manifested considerable impa- tience when 10 o'clock came and still Pres- 1dent Burt did not appear. It was the pur- poss of Attorneys Rich and Dundey to dis- pose of the matter Wwithout bringing the president into cpurt it possible, but Deputy County Attorfiey" Thomas objected to this plan and insisted that Mr. Burt's presence Was necessary. “Very well,” replied one of the attorneys and the president was tl oalled up on telephone and advised that his presence in court was required. Caught by Smapshot’ Artists. As President Burt, John N. Baldwin and Bpecial Officer Viszard of the Unlon Pacific got within & few yards of the police sta- tion a photographer, representing a news- paper, who had been standing on that very spot for several hours to catch the presi- dent, called to him. This was merely to attract Mr. Burc’s attention so that a front view could be caught. But President Burt was unconscious of the .:imk and turned as ‘ealled. ing of the camera, but it was too late, for the mischief was dome, and before the president had advanced many feet farther the shot was repeated, and the same performance took pl as he came out of the police station. The president walked to and from his present. Attorney Baldwin was asked If he had any statement to make and sald: “No, we merely entered a plea of not wuilty, which, of course, does not prejudice grievances, lul-tllc that they must ed for the time and money lost THE OMAHA DAILY BEE: THURSDAY, AUGUST 28, 1902. yard, getting enough monmey to bear thelr actual expenses while here, but two or three have been Instructed to proceed with this © 4 they consulted attorneys yester. day as to methods of procedure. Yesterday was upeventful in strike af- feirs outside the arraignment of President Burt. A few of the workmen left the shops, probably seven in all, and no new ones were introduced. Strikers who are keeping In close touch with the situation at, the shops declare that t! en on the inside are more restless than théy have been at any time ce the strike began and would leave the hops but for the restraint of guards. The strikers are maintaining large picket forces day and night on all sides of the yards. CROWD AT THE BAND CONCERT Warm Night e Brings Out Many B iasts, Who Warmly Applaud Rivela. The first warm night in many days brought out 2,000 people to hear Rivela and his band last night. Mild weather appar- enfly released the approbation of the large sudience, and the applause came in great swells after every number, unstinted, un- falling. The sextet from Donizetti's “Lucla dl Lammermoor'' came eighth on the program and was the artistic climax of & triumphant evening of music. This number found & keen rival for popular favor, however, in Sig. Setaro’s harp playing, which o-dm His offering of “The Suwanee Riv: encore proved the intimate bond which amv the hearers more closely to the muse's va- riations than any other selection, Pade; ewski's “Minuet” as played was a gem of interpretation. Friday afternoon next 18 to be the chil- dren’s matinee. The committee in obarge of the festival has just set aside this time for the little folks, and the adm!ssion for all under 12 years of ags will be only 10 cents. A swarm of the juvenile lovers of music is expected on that occasion. Today's programi MA'nNm March—Philipovich Qverture—Mornin Trumpet Solo—, 8 Mt gGems of Btephen Footer Sl‘nofl Nnoh And ‘Night lu pc +. Bartlett Fuivio ‘and Searpa. March—Tannhause: 1 n du v G and Beléction—Polluto Solos ... Bignori arine and Curti. EVENING. lymphonlc March—Return from Turin. Rive re—Beautiful Gaiatea ppe Tfln for Flute, Oboe and lep—ldyll Britannique Pl Stgnor! Lamon “Dance Macabr Grand ‘Selection—C; Prelude—Habanera—T Signori Palma, Marino, Curtl, Feruilo, In “Slegfried’s Funeral Mareh” Wagner @ An the World Awakes Today 1 Will | Give You 'the Keys Hzlven Mr. Arthur M. 'Burton, llneomunk Godtrey Mr. C)nnmn I ‘‘Reminiscences fi.n Solos for All lnl'.rum.nlc March—Patria It anyone had a doubt that ragtime re- talas a precedence s & popular firawing card with the masses it would have been dispelled had they attended Krug Park last night, where the special event was & con- cert of this syncopated style of harmony by Huster’s band. The audience was most en- thusiastic and applauded their favorites un- til the number of encores responded to were nearly as numerons as the compositions on the reguar program. In addition to coon melodies by the band, Huster contributed a recitative and aria by Paudert on the trom- bo and for an encore remdered ‘‘Young Wer s Parting Bon, by Nessler, both recelving tumultuous approbation. An event that ettracted nearly as much attentien &s the musical program was the cakewalking of a number of children who congregated at the pavilion. Some of the Iittle ones dis- played cleverness approaching a professional standard. * The moving pleture preduction of “Jack and the Beanstalk,” the “Passion Play' and other free shows provided a va- riety of entertainment. Oa Friday the band will play & program composed of light opera selections. PENSIONS FOR WESTERNERS Survivors of Wars Generously Reme: red by the Gen- eral Government. WASHINGTON, Aug. 27.—(Special. )—The tollowing pensions have been granted: lllllfl of A ull 2 nals. oah Honlmln Nnom % Lincoln, 36. ln- ote— llluu !(u.l:.‘ Ne- KIPY A Horfll Onr lowa: llo'i, minors nd Ay r‘llllvcl—ml 3 ., Jm H, Bouth Dakota: P?l.ll IIIBAlnk -‘ mX X innn. Burchard. E ll" Joseph on 8. M ‘;r) Otigh B Laucky VAEIIQ ! Wright, Onkvlll Dl'll R mmpr-r Blllhimer, curhvn. ander O. Den, Moines. 811, h OFori Metian! J‘“ .mMonl Teltives—Carsiing Mexican war) Inc) nll-lu. ete.—~Wes- reissue, ete.— Ben: tatt, mau ! Glaeon iers and As ¥ minors ai Du -uv-—.m-w- ‘of Charles Sim- . De- Whllu.l Oonnv- (war hl h, 3 ‘h‘.‘ and dm‘cfi I‘hd\"— ;" Originals—John A. Mason, Tasue of August T: Nebraska: Originals—Traterick White- P o Beabury, Union, nd_depende: ?fi"mf‘n Al 'th n¢ pelatives—Angelin R Tl g yoming: Oddn-lo—)hha&.? 'oo‘. R & STATISTICS ON ratate Commerce Commine ports for Year En. Jume 30, 1901. RAILWAYS WASHINGTON, Aug. 27.—The Interstate Commerce commisaion today issued a sum- mary of the annual report on statistics of rallways in the United States, covering the year ending Junme 30, 1801. The number of rallways in the hands of receivers on that date was forty-five, a met decrease of seven, as compared with the corresponding date of the year previous. The capital stock represented by the rail in the charge 267, funded debt $64,748,662 and current liabilities $14,183,- 230. These figures ehow a decrease in cap- ital stock repressnteq as compared with 598 and in funded debt of The total single-track rallway mileage in the United States June 30, 1901, was 197,- 237 miles, thie mileage baving Increased during the year 3,892 miles. The operated single-track mileage in respect to which detalled returns were made was 105,571 miles, this mileage including 5,606 miles of line on which privileges were granted. In- cluding tracks of all kinds the aggregate length of rallway mileage was 265,366 miles, an increase of 6,582 miles. There were 39,684 locomotives In the dervice of the rallways, which was 1,021 more than were in use the previous year. The total number of cars of all classes in the service on the date stated was 1,663, 833, there having been an increase of 99, 995 In rolling stock of this class. The number of persons in the employment of the rallways of the United States June 30, 1901, was 1,071,169, or an average of 548 employes per 100 miles of line. As com- pared with June 30, 1900,. the number of employes {ncreased 53,516, The amount of rallway capital outstanding was $11,688,177,991. This amount on a mile- age basis represented a capitalization of $61,628 per mile of line. Of the total cap- ital stated §5,806,507,104 existed in the form of stock, of which $4,475,439,721 was com- mon stock and $1,331,157,383 preferred stock. The amount which existed in the form of funded debt was $5,881,680,887. The amount of current labilities which 18 not included in the foregoing figures was §620,408,419, or $3,266 per mile of line. The number of passengers carried wi m.m.m, howing an increase for the year of 30,412,891, The number of tons of freight carried during the year was 1,089,226,440, a gross earnings from the operation of the rallways in the United States were §1,588,- 526,087, being $101,481,223 more than for the fiscal year 1900. The operating expenses were §1,030,397,279, ing increased in com- parison with the preceding year $68,968,759. The total number of casuaities to persons on account of rallway accidents were 61,- 794, the number of persons killed ‘having ‘been 8,465 and the number injured 53,839. Of reliway employes 2,675 were killed and 41, 142 were injured. The number of passen- gers killed during the year was 282 and the number {njured 4,988. The number of per- sons other than employes and passengers killed was 5,498, and injured 7,209. WAINWRIGHT TAKES NEWARK ¢ Hero Gets Command of Pro- tected Cruiser Result of Prospective nges. WASHINGTON, Aug. 27.—The Navy de- partment announced today that Captain Colby M. Chester would succeed Captain H. Davis superintendent of the naval ob- servatory. Captaln Davis will be placed in command of the battleship Alabama as. the suceessor of Captain Willard H. Brons who in turn will succeed Commander Ricl ard Walnwright as superintendent of the Nuval academy at Annapolls. Commander ‘Walnwright, who achleved great distine- tion in the sea fight off Santiago as com- mander of the converted yacht Gloucester, which destroyed the two torpedo boat de. stroyers of the Spanish fleet, will be signed to the command of the protected crulser Newark when it goes into commis- sion, October 16. MUST NOT BE TOO ACTIVE Department Instructs’ Postmaster as to What Degree He May Par- ticipate in Politics. WASHINGTON, Aug. 37.—The part which postal employes are to be permitted to take in a political campaign is outlined in the foltow! instructions which Acting Post- master General Wynne has addressed to a poltmlnr ‘who sent a letter of inquiry: reply to your letter 7 e informed Py e prohibited trom jolning a political club, nor making voluntary finan- clal contributions outside of & Soyérnment office or bullding, nor from acting as delegate to'a couity, state OF congressional convention. You should not, however, serve as chair- man of a state or county fi::mmnlm : take active part in conduoting s~ politica conventlion, make ‘ouml( unduly Prominent in ool politiea DEATH RECORD. Jesse Helfer, Hebron. HEBRON, Neb.,, Aug. 27.—(Special.)— jease Helfer, § resident of this city, died ere yesterday, He would have been 82 years old today. He was buried this morning from the Christian church, where an impressive funeral service was conducted over his re- mains by the pastor, Rev. R. A. Shell Many of his old friends and comrades were present. Morton post, No. 17, Grand Army of the Republic, of which deceased was & member, escorted the remalus to the George W. De Haven. CEDAR RAPIDS, Ia., Aug. 27.—George W. De Haven, ploneer circus proprietor, is dead bere aged 65. He was the first show- man to inaugurate the ‘“‘railroad” circus and also introduced Roman hippodrome roces in circus performances. De Haven bad organized thirty-three different cir- cusses. Interment will be at Polo, 1l Telegrapher. LOS ANGELES, Aug. 27.—0, P. uflG!rle. dead at his home In this city, aged 37 yur- He had been employed in the local Western Unlon office for the last two years. A widow and one son survive him, also two brothers, one living In New York. 27.—Rev. Thomas Gal- lsudet, D. D., & Protestant Eplscopal clergy- man, who was noted for his work among dcaf mutes, died at his home in this ecity todsy. He was born at Hartford, Cona., in 1822. FIRE RECORD. Harrison, Idaho, in Danger. SPOKANE, Wash., Aug. 27.—A special to the Chronicle from Harrigon, Idabo, says: A hot fire s raging here and the entire town is in danger of destruction. The fire started in the Cameron Lumber company's plant about 2:30 p. m., the suppesed cause being & spark from gine. The Cameron plant, valued at $60,000, is wiready destroyed. A bigh wind is blowing toward the east. Should it turn toward the town there is lit- tle hope of saving it. The citizens are fight- ing the fire, but are almést powerless, as the water works throw but feeble strepms. AFFAIRS AT SOUTH OMAMA Effort Being Made to Becure Extension of Btrest Railway. TO REACH FORT CROOK AND BELLEVUE President Murphy Gives Assurance That Proposed Extension Will Be Ce ered by Directors— Magie City Gossip. Another effort is being made to induce the street car company to extend its car line on Thirteenth street to Bellevue and Fort Crook. Dr. Kerr, president of Belle- vue college, had an interview recently with Frank Murphy, president of the Omaha Street Rallway company, and while no defi- nite promises were made, Mr. Murphy sured Dr. Kerr that the matter would soon be considered by the directors of the company. The growth of the college and the placing of the Second and Third battalions of the Twenty-second United States infantry at Fort Crook demand that there be some means of transportation be- ween these points and Omaba. Members of the East Side Improvement club say that they are doing all they can to induce the street car company to ex- tend its )ine on Thirteenth street, ‘which now ends at Dominion street on the south, 50 as to conmect with the Miasourl avenue line. Property owners on Thirteenth street de- ire some kind of st ar service and ire hopeful that the deal between Dr. Kerr and President Murphy will go through. It was thought by Hast Siders that the Thirteenth street line would be extended #0 as to connect with the Missouri avenue line, but as this has not been done it is predicted that the delay is caused by the consolidation recently reported. Inspector Jomes Busy. Sanitary Inspector Jones was busy yes- terday afternoon looking after some of the alleys in the business portion of the eity. He will at once serve notices to clean up and unless this is done within forty. hours arrests will follow. Some of the alleys, particularly in the business portion of the city, are in a filthy condition and demand Immediate attention. In aking of this matter the inspector said last even- ing that there was no excuse for dirty backyards or alleys, as there {s a good road to the river, where garbage may be dumped with safety. He proposes there- fore to insist upon & thorough cleaning up. Fire Hall Eq ed. Chiet Etter of the fire department stated yesterday that the No. 2 hall, wi was partially destroyed by fire on the night of May 30, was now in service again. About 1,000 feet of new hose was purchased by the council and the chief has sent this to the No. 2 house. As soon as the Labor day parade is over the No. 2 wagon will be sent to the shop for repairs and an ex- ercise wagon substituted. The repaire to the bullding were made at the expense of the city with the expecta that the ln- surance company wouid svweiiwe. Calling for Bids. Chairman Miller of the bulldings and grounds committee of the Board of Educa- tion is advertising for bids for the con- struction of a four-room addition to the Lowell school. The plans, drawn by Arch. itect Davis, have been approved by the board and the specifications are now ready. All bids for this work must be accompa- nied by a certified. check for $100. In ad- ditfon to this the board.reserves the right to reject any or all bids. “Bids will be opened at a meeting of the board to be held on September 2. Preparing for Labor Day. All of the labor organizations in South Omaha are making preparations for the celebration on Labor day. Mayor Koutsky has issued a.proclamation requesting bus- iness men to close their places and direct- ing that the city ball be closed. The banks will be closed all day, but business at the Live Stock exchange will go on as usual. A parade of the local, jnlons is being planned. Incorrigable Boys. Police Judge King proposes to commit Charles Bmms and Fraok Bomaster, both lads about 12 years of age, to the reform school. Thewe lads have of late been mak- ing the police considerable trouble and have frequently been taken into custody for minor offenses. As the youngsters seem to be beyond conmtrol, an effort will be made to send the to the reform school. ' Pay Solicitors’ License. Yesterday Max Rosentbal called at the office of City Treasurer Howe and pald the fee of §100 for the privilege of maintaining a solicitor. The Rosenthal case has been tried in the police court and was taken thence to the district court. In order to do away with any further litigation Mr. Rosenthal decided to pay the fee demanded by the city, although he stated at the time payment wes made that he considered the amount entirely too large. Complaint Ag: t Hughes. A complaint was filed In pelice court yesterday afternoon charging John Hughes with highway robbery. It was asserted by QGeorge Lamb that Hughes aseaulted and attempted to rob him at a point near Thirty-third and L streets Tuesday. Lamb bas a badly battered face to show, but he says that he that Hughes did Is now In jail. w. 0. W. O. Hopkins, an old resident of South Omaha, is dead. Funeral serwices will be held at 9:30 o'clock this morning at Bréwer's undertaking establishment. In- terment will be at Laurel Hill cemetery. Rev. R. L. Wheeler of the Presbyterian church will official The deceased worked at his trade as a barber here for years and the members of the Barbers' union will attend the funeral. Some More Sewers. A sewer is now being laid from Twenty- Afth and U streets to Twenty-fourth and Q streets. Thia sewer when completed will cost about $800 and will be paid for by the property owners and will be known as & private sewer. The necessity for this improvement has been apparent for some time and complaints from the Board of Health forced the property owners to take steps to Improve the sanitary condition of the locality included In the distriet mentioned. A twelve-inch sewer is beln laid and this ie considered plenty hr:: enough to last for a number of years. Hospital Be: Toi The first of & series of dramatic enter- talnments to be given by the young peo- ple of South Omaha for the benefit of the local hospital will be given tonight at the Sloane bullding on Twenty-fifth street. A pastoral drama called ‘Home, Sweet Home,” will be produced. Some changes have been made in the interlor arrange- ment of the ground floor of the buflding, and & large number of tickets have heen sold it i3 expected that the re- ceipts will assist materially in maintain- ing the hospital. Entertainments will also be given Friday and Saturday even- ings. Magic City Goastp. Brennan 'u on the streets yes- uduul-llum ©ld triends. Mr. Brea- nan has been serlously fll for over seven months. Ooor‘s Westeott is visiting friends in Colorado. H. Dunn is back from & two weeks' va- cation spent in Denver. ss Anna Levy s back from a weeks' vacation spent In the east Dr. J. M. Tische has gone to Minnesota to spend a few weeks with relatives. H. Reed. wife and daughter returned yes- terday from Chicago, where they spent the summer. While still on the sick list Chief Briges of the police department was at his office for a short time yesterday. Buperior lodgo No. 19, Degree of Honor, will meet on Thursday evening for the pur- pose of fnitiating candidates. The drill team of camp No. 1085, Modern Woodmen, will glve an lce cream soclal at the camp hall this evening. Physical Director Baker of the local Young Men's Christian association hi {urned from a three woeks' in the eas! TRUSTS A MISNOMER (Continued rrvm First Page.) 'Fnay were din_ Lamp American Octopus two ation spent least Drnnflnely named, called .;‘pupectlvel;r" ‘The Al company" The supreme court of the United States and several of our presidents have more than once called attention to the gravity of the situation, and we cannot suppose that men occupyin g such high positions of responsibility would wantonly excite public apprehension. here 18 one form of tyranny that gov- ernments, however instituted, least directly—exercise. Efforts h been made to control {rken by never successtully. natural | trade always triumphed over the a of men. But whoever can control the supply can fix his own prices. the case of Pharaoh in Eg; as king that he asserted.that power, for the command of the supply would have dven it to him if he had been a private fadiviaual. President Roosevelt Quoted. President Roosevelt has sald more than once that the power of corporations over rices should be subjected to public control, ery recently he said: ““We may need and, in my bellef, we do need new legislation concelved in' no radical or revolutionary spirit, but in a -pml of common Sense, common honn 4 a resolute desire to t nguige 18 clear and will meet with general approval. The principal difficulty pertains to the remedy. If existing laws could be enforced perhaj no new ones be In ail of the states where lls contracts all kinds are illegal, and tho! some states have chartered corporatl with power “to do all ‘hings that a ural person may do,” yet these enlar granta do not uuthnrlu them to create monopolies even nlmrll rrlonl cannot_do 'that viol: the law. 12 would weem then 1hat & ke Wolation b a corporation would furnish good groun for a forfeiture of its charter. But there are indications that all of the courts would not so hold. A few of the states these combinations and derive a consider- able revenue from the grant of unlimited charters to all applicants. Under th- s cir- gumatances usiformity of action I8 h.t to be expected. In the absence of that uni- formity statutes like that of Squth Caro- lina, just notited, have but little effect on forelgn corporations. The state may expel them and thelr agents from its boundaries, but if the articles which they supply are among the common necessaries of life they must still be bought and probably at higher prices than If such acts had net bnl{ Dassed. Primary Elections and the Minority. Beveral of the states are still wrestling with tha nroblem of primary aelections. Some of us can remember when, many ks IM pamphlets were pub- [ e u‘dl .u g:nlcuu for luct our tical 1lls, minority representation p;rlmnry or ~nominating elections, 'hlc as asserted, would eliminate both the political boss and the political dema-~ 5% o mingrity representation, 1t was not very clear ho the p T | Portlan was made by the president, Emlin McClain, of the University of lowa College of Law, who said in part Lawyers and judges will alike bear me out In saying that the elaborate textbook opinfon in which a whole branch of the 1aw 1s expounded, regardless of its Appil- catlon to the facts of the case In hand, I8 confusing and often absolutely misleading, and the time necessarily expended in djs- covering what the court has really de- clded In that case |s a source of constant vexation. 1 think ! may safely say that the hulk of reported opinions could” easfly be_reduced to one-fourth of that whic now appals the lawyer and the judge a he sees the new volume: into his library each year. To summaris the reduction would be brought about by writing a memorandum only in one-half the cases and putting it in such form that the case could not possibly be cited in support of any proposition whatever. Then in cases where opinions should be written the length of the opinion could be greatly reduced by considering only the polnts of some practical importance, and as to which an opinfon Is worth while, and, finally, the discussions of the points which are worth while could be made much shorter by the statement only of ultimate facts, instead of elaborating the reasons and facts which the judge considers and rejects in reach- ing those which he finds satistactory and for which he is willing to vouch. ere 1s no indication that the common law system of determining and administer- ing justice can be, or ought to be, radically changed. But it lies with the legal profes- son, compoted of lawyers and judges, to improve that system that it may approach more nearly to what 1ta ola champlons have %0 often declared it to be—the perfection of human reason. A paper was presented by Joseph H. Beale of Harvard and the University of Chicago law schools on the “First Year Curriculum for Law Schools.” The Bar assoclation, in general session this_evening listened to papers by Judge M. D. Chalmers of London, Parliamentary counsel to the British tfeasury, on “Codifi- cation of Mercantile Law" and Judge A. M. Eaton of Providence, R. I., on “The Origin of Municipal Incorporation in England and in the United States.” Montgomery for Nebraska. The association elected a general counsel from each of the statos and territories, in- cluding the following: Alas! Melville C. Brown of Juneau; Arizona, Everett E. Ellin- wood of Flagstaff; Arkansas, John Fletcher of Little Rock; California, Charles Monroe of Los Angeles; Colorado Luclus W. Hoyt of Denver; Idaho, Willlam W. Woods of Wallace; Illinols, Lester L. Bond of Chicago Indian Territory, C. L. Jackson of Musco- &ee; Indlana, illlam P. Breen of Fort Wayne; lowa, C. C. Cole of Des Molnes; Kansas, John D. Milllken of McPherson: Missouri, James Hagerman of St. Louls Montana, W. F. Sanders of Helena; Ne- braska, C. 8. Montgomery of Omaha; New Mexico, Thomas B. Catron of Santa Ie; North Dakota, Burleigh F. Spalding of Fargo; Oklahoma> Territory, Henry E." Asp of Guthrie; Oregon, Charles H. Carey of South Dakota, Charles 0. Bailey of Sloux Falls; Tennessee, E. C. Camp of Knoxville; Texas, F. C. Dillard of Sherman; Utah, Charles 8. Varian of Salt Lake City, Washington, C. H. Hanford of Seattle; Wyoming, Charles N. Potter of Cheyenne. RUSE TO GET COMMISSIONS Mystery Surrounding the Death of Alleged Boston Milllonaire Cleared Up by Contessios CHICAGO, Aug. #i.—The mystery sur- rounding the supposed death of “Phileus Jones, millionaire, notice recently appeared in Chicago news- papers, was cleared up today by the confes sion of John A, I Lee, a local real estate broker, that he had Invented “Mr. Jones' in order to secure real estate commissions. A ruse was planned by Lee, whereby 'Mr. Jones” was to buy extensively of Chi- cago property for hotel purposes. An *% | agreement was drawn up between the on that, 8o far from dolnl Any 00d, they only make mlt ers worseq The (‘:hh tlonIlr. ylhlt hey rolong the strife a political c e “fey " Invoive i y tend to tlflnln( held s members. arg, hOt ty secrets; that bv wumuflu a house 0 house canvass for a free and open uhlle dlacusaion they lead to an ignohin poiltical scramble, rife with personalities, misrepre- sentation and slander, thus lowering the ical level and excluding many pursons pation in the ele Be beheficlal o the pu lie; that, so fll from obstructing the po- lltlefl Nll ‘nd the politicai dnmlf field peculiarly suitable ior anr nplcuy and for the eXerclse of thelr rite hods, t one of the urpuln. of the primary d off 'the independent obds, thy oaly Bope of Fesoue_from & pu Do oplnlon on the subject, but it |l fflonll to Bee why boss and the dema, hen active lnd efficlent in a ..(h:md.., ~Should throw up ,Lhelr hands o '1;;' Byron was asked whit was best form of govern: :I'::l. hey were all 80 bad that it was hard fo sy which was the worst Certain it is We ‘fl:‘v- SRR BRI ever, resenta the beat. Its theory s that & t way, men " who are notorfoualy unfit, partly Through party management and o desire to rewa Tty sel times of rehensib chlne::’rlhr“;a elected to sreat res y. o theol on poasly, 1t o tsatey was carried. mn the official representatives ould be greatly superior to the average oo-umunx. but ppens that Tie s y below the uverage, both T ocpetency nd"intogtily: Evil of Our Guvernment, It s sometimes said that every people has aé l a government as It desires, is true of all that are thi evils that impair the success ful operation of our luvm:':elnw bolh state and federal, quack expedients, qnun. Rk wuttacs | indications, cannot b relled on to do any { “Therein must the patient miniater to hlmnll A clamor s m me of the states fol what is cllltd lh. lnltllflvo and the reerendum—an idea borrowed from Switserland, whose thinly-inhabited can- tons bardly’equal our counties in wealth or pulation. have always had the In- Riative ‘since a proposed law must be very absurd and hopeless if no member of !h. legislature can be induced to present it for legislative action. ‘he nw ll' um we have always had, for objectionable the voters can representatives who are (oIt repeal, This would seem 1o te sufficlent without lulhofll‘u in- n’flclnl minorities to keep allve unend- controversy by a factious tesistance inimica! 1o our form of ment which resis on the will of Jority of the people for the time bein that majorities are infallible, but public questions must be seitled in vome wa, because, as a general rule, ma- uu are more likely to be correct than minorities. Popular Election of ilv.?ll of the states hlv! recommended th constitution ted States to ted This is one of many -lcn- o( aumm of our legislative bodies, The*e is probably no very valid objection to this chllll'l. a8 it is clear that since the rise of political parties, the de- vice of a secondary body of electors, though well suited to the time when fed constitution was framed, serv 9 beefu) po as we see in t lal electors 'who. no long on lldr nnbl-ud Judgment, ,but_un when they Eniated Ter nm tion, But it | no means sure that the el by popular vote will confer any benefit seeing that it cannot be easily explained how the same voters, who cannot elect #00d_representatives, ‘can be confidently expected to elect good senators. At the conclusion of Judge Rose’'s address there was & brief recess, after which rou- tine business, including election of mem- bers and the reading of reports was taken up. Chancellor MeClain of Towa. The Assoclation of American Law Schocls Was (g sesslon this efternoon. An address \ posed Joneés and a real estate owner and commissions were promised. These promised commisaions were offered as security for a loan. Suspicion was cast on Lee, when the death notice appeared. In explanation Lee, who is an old man, sald he felt sure he could have sold the property to someone if he had had time. It is sald no prosecution will result. OUTPUT OF PACKING HOUSES Omaha Passes the Million Mark and Up Ifs Lead for Second Place. CINCINNATI, Aug., 27.—(Special Tele- gram.)—Price Current say Offerings of hogs have been reduced. Total western packing is 295,000, compared with 325,000 the preceding week and 375,000 last year. Since March the total Is 9,165,000, against 11,486,000 a year Prominent places compare as follows: Clnclpnati Ottumwa . Milwaukee .. Cedar Rupl Ifll Sioux City - Extended lnquh‘y concerning present sup- ply of hogs in western states results in an indicated decrease of 18 per cent com- pared with a year ago. o —— Awful Loss of Lire Follows neglect of throat and lung dls- eases, but Dr. King's New Discovery cures such troubles or no pay, 50c, $1.00. IMPLICATES RETAIL BUTCHERS Witness in clares Un Upen by Mpat De ST. JOSEPH, Mo., Aug. 27.—The beef trust 'inquiry, begun yesterday, was con- tinued today. The Interest was much greater and the attendance larger. The cross-examination of John Wood, a local butcher, who had testified to the existence of a combination among the packers, trought out very little of importance, He admitted that the ail butchers had agreed upon a scale of prices, but said that this was rendered necessary by the pack- ere’ trust. He also admitted that the pack- ers bad made “concessions matter of over ripe meat, which he had sold at the regular scale for first-class meat, The examination was conducted by Alex- ander New and Frank Hagermap of Kansas City, of counsel for the packers. A baby is whatever -mie body, of the limbs, clear skin, bri, untarily over such a bll(, nmrfly that the child is putty but that its general effect seeming attractiveness. Hd‘a s of reports carted | [COAL RUNS INTO BIG MONEY Advhory Beard Opens Bids en Oity's Sup- | ply of Black Diamonds. | ANTHRACITE AT TWELVE DOLLARS A TON |City Comptrolier Thinks Ought to Be Reject Saye Al Bids t Mayor Prices Go Highe: May At the meeting of the advisory board yesterday afternoon bids for the city fuel eupply were opened, and although the members were all aware in a general way that the price of coal was high, the fig- ures presented were such as to cause gen- eral surprise. There were five bidders for the fuel contract—T. C. Havens, C. B. Havens & Co., the Nebraska Fuel com- pany, the Coal Hill Coal company and Coutant & Squires, but only three of them quoted any figures on anthracite coal, T. C. Havens offering to furnish it for $12 per ton, the Nebraska Fuel company for $11.65 and Coutant & Squires for §11.50. On the various kinde of soft coal the prices ranged from $2.25 to §7 per ten, according to the quality or the locality fn which it is mined, and semi-anthracite was quoted trom $9 upward. It is estimated that the city will not use & greatér quantity of bard coal than twenty-five tons, its principal need in the fuel line being for various kinds of soft coal for use at the city hall in making steam, at the city jail and at the election booths and other places where only small quantities are required. There will be re- quired, however, about 1,500 tons of steam coal, and In perhaps as much as 4,000 tons of the various kinds of soft coal during ing the winter. Bids on Bitam In the bids so many different kinds of bituminous coal were mentioned s to make any comparison of the figures almost Impossible to one not thoroughly ac- quainted with the coal business. T. C. Havens quoted Cherokee steam coal at $2.87, Rock Springs lump at $6.85 and Southern Illinole lump at $5.40. C. B. Havens & Co.'s bld was for Chero- kee steam coal, $2.85; Danforth, $2.17 per half ton; Trenton, $5.60 per ton; Juckson Hill, $7.20 per ton. The Nebraska Fuel company offored Welr City at $2.75 per ton; Cleveland, $2.25 per ton; Cleveland lump, $2 per half ton; Cleveland lump, $3.76 per ton; Canon City lump, $7 per ton. T Coal Hill Coal company's figures were: For pea mixture, $2.56 per tonm; Cherokee stack, $2.83; Walnut block, $4.21; De Vernon, Ill., $4.75. Coutant & Bquires made only one price on soft coal, $2.66 for either Jowa or Mis- sour! nut mixture. On semi-anthracite coal T. C. Havens bid $9.20 per ton; C. B. Havens & Co., $0 per ton; the Coal Hill Coal company, $9.10 per ton, and Coutaut & Squires, $9.25 per ton. wwests Rejection of Bids Comp Jection of lll hlfi. in the belief that the oity would do better in the open market after the end of the present strike. Mayor Moores sald that from what he had been able to learn of the coal situation he felt convinced that the prices would not be lower at any time during the winter, even 1t the strike should be brought to a closo at once, and that they would probably go higher. The easte: he said,’ would be first supplied and the western consumers would get no rellet for some time to come. The bids were all Mtrr.d to Becre- tary Coburn for tabulation and will be presented at a future meeting for further consideration. B — Keep the body healthy at this season by using Pritkly Ash Bitters. It is a neces< sary ocondition to -uceoumuy resist ma- larial germs. BISHOP TO BE A BUSY MAN San Francisco Prelate to Have Charge of Conferences In Nebrasks, Towa and Kansas. SAN FRANOCISCO; Aug. 27.—Bishop J. W. Hamliton of the Methodist Episcopal chureh will leave tonight for the east, to be absent three. months. riend is a liniment for external appli During this time he will have ch of the Germ: Methodist conferences in Minnesota and Iowa, the Swedish confer- ences In Kansas and Nebraska and the English conferences in Iowa, Oklahoma and Indian Territory, He will also attend the first great na- tional missionary convention at Cleveland, 0., In the middle of Octgber, and will par- ticipate In the conferemce of bishops of the Methodist Episcopal church at Saratoga, N. Y., «nd the annual meeting of the Mis- slonary and Freedman's Ald and Church Extension socleties of the whole Methodist nomination at New York City. LOCAL BREVITIES. The meeting of th. venth Ward R llhllun P et P g o tontgh Postponed” one week on aecount {nabliity o secure the tent which the ol expecied to pitch on Park avenue this week. Mary A. Byers is the plaintiff in a suit in the district court whereby she seeks (o recover §1,000 as damages to the east 1) teet of lot 1, Bartlett's addition, by reason of the grading of Thirtieth street from Leavenworth to Mason street. Anna Rasmussen has filed suit in the dis- trict court for divorce from Chi Ras- ussen, to whom she was married in this "‘ly April 9, 188. The complaint alleges desertion dating from June §, 190, and the aintiff asks the court to restore her malden name, Anna Trillity. PERSONAL PARAGRAPHS. Jullus 8. Cooley has returned from a trip to southeastern Nebraska on legal business. He says the people in that sec- tlon are greatly interested in the Ak-Sar- Ben festival and will come to Omaha in force, 12, oD Jatt, Weaneads thro ow an Hewas in Vermost, she he friends about Lo n"Now Hampehire, they Wil recarn hy“:v.ly ampshire, retur 5t Filadeipbia and Laneing, Mich. for a trip 1l meet ""fi ts maxe it. mhumwmlm estation, 'ln.“ thnoflu'nh 5 rob\ut little Wothes's Friend nd o give a healtnful l ild which is evidenced in elastic action eyes, fine hair. We exclaim invol- “‘How besutiful |" meaning not one lication. Women's retty fingers rub it gentl; n-thqpuu-ouvucly taxzed, and s nu.'uy.w.ndw n.briw- parts, our drug ou may THE BRADFIELD amuu'ron €O.. Atlanta. '