Omaha Daily Bee Newspaper, September 16, 1902, Page 3

OMAHA DAILY BE TUESDAY, SKF EMBER 16 DECIDES ~ ACAINST ~ SMYTH| Referess File l':d:- in Pewalty Suit Aguinist the Unien Puoific. GOVERNOR SAVAGE LOSES A DIAMOND Starts Out with a ‘ Sparkier Wher, nters and Finds | n the He Changed Street Cars. (From a Staft Correspondent.) LINCOLN, Sept. 15.—(Special Telegram.)- The last of the penalty suits brought Constantine J. Smyth during his tenure as | Attorney genmeral agalnst the rallroads of | Nebraska {s about to be expunged from the Tecords of the supreme court of the state. | Farly in 1990 the fusion attorney general | began several cases, taking In practically | every rallroad doing business in the state, and asking that the court nssess penalties sggregating ¥8,000,000 for alleged violations ©of the maximum freight laws. One by one the sults have been abandoned and dlis- | missed until the only one remaining was| that against the Unfon Paclfic, the amount | which Mr. Smyth asked the road to con- tribute to the state exceeding $6,000,000 The Unlon Pacific case, after running the gamut of the cofrts' delays for over two years, was referred some time ago to ref- erees to take testimony and report to the court, with findings thereon. E. R. Duf- fie and Ed P. Smith of OmaBa were named by the court as referees. Their report was filed with the court today. The document Rsserts that exhaustive inquiry Into the tes- 1imony and the law leads to the conclusion that the penalities cannot be legally exa*ted trom the rallroad company. They recom- mend that the statute be declared “uncon- stitutional, Inoperative and vold, and that the action be dismissed.” The court Is expected to approve the recommendation at its September sitting, beginning tomorrow. The finding of the United States supreme court in the Ne- braska maximum rate cases, it is under- stood, was the determining factor with the Yeferees in disapproving the sults. L &e Recovers His Diamond. Governor Ezra P. Savage turned Dio- genes last night and, armed with a lan- tern, stalked the streets of Lincoln. The executive was searching for a diamond, a large four or five carat sparklei, which he had lost from his shirt front. Governor and M Savage visited friends in the burbs in the evening, returning home late. Then it was that the stone was dis- covered to be missing. Mrs. Savage wi certaln it was in its accustomed place they were about to return home. Procur- 1ng a lantern, the governor walked from the executive mansion to & street corner in the business center, where he had pre- viously thanged street re. The search was rewarded after a half an hour, by the governor seeing the gem shining from crevice In the pavement. Governor Sav- nge would not estimate the valwe of the stone, which is a large one, and was given to him by friends in South Omaha on his \coession to the executive chair. Contention Over Water of Platte. The contention over the right to take the lower waters of the Platte river for power purposes assumed a new phase to- day. Andrew Rosewater of Omaha pre- vented to Secretary Dobson of the State Board of Irrigation an amended applica- tion for right to take fhe water. His previous application had been protested by J. E. Riley, promoter of the Platt mouth Power company, and hearing on this pratest will occur before the irrigation bogrd adout Octéber 1. - ity Mr. Rosewater's new application pro- vides for the tapping of the Platte river a few miles below the town of Valley on the north side of the river and just above the mouth of the Elkhorn. He proposes to conduct part of the water from the Platte into the main stream of the RElk- horn, below which a dam will be bullt, and from this suficient head 1s to be ob- taiped to give a fall of fifty feet. The specifications provide for a developed horse power of 25,000. Several miles be- low another reservoir is to be constructed which will furnish an additional 25,000 hotse power, The estimated cost of the undertaking is $2,000,000. The Riley canal would not be harmed by the amended Rosewater plans, provid ing only the latter's upper reservolr Is constructed, the water from which would later flow Into the Riley ditch. It is now suggested that a conipromise has possibly been effected by which the two canals may be bullt without one infringing upon the other. Four New ke, Four more state banks will be added to the roll of Nebraska's financial institutions, providing their apphcations to carry on a banking business are favorably acted upon by the State Banking Board. Applications were filed today with Secretary Royse of the board by the following proposed banks: The Bank of Graf, located at Graf, John- von County. L. O. Grat and J. O. Graf are the incorporators, the capital stock being placed at $5,000. This bank will succeed the defunct Chamberlain institution, which is now, bélng closed out under direction of | Secretary Roys: . The Brunswick bank, of Brunswick, Ante- lope county. Its officers are Judge 8. H.| lornberger of Wahoo, president; Walt Older, vice president; M. M. Sormberger, cashier. The capital stock is $10,000, of which $6,000 is paid in. The Valley State bank of Bridgeport, Cheyenne county; capital stock, $25,000; patd In, 36,000, ‘The Incorporators are most Lin- toln men, comprising H. K. Burkett, C. A Morril, M. W. Folsom, J. J. Anderson, F. D. Ball and Fraok PLillips. J. J. Anderson of | Lincoln, the defeated fusicn candidate for| register of deeds in Lancaster county in the | election of last. November, will be the cash- ler and have charge of the operation of the banl The First State bank of Hartington, Cedar county; eapital stock, $100,000; paid in $30,- 900. The lncarporators are J. G. Beste, J. O. Robinson, W. 8. Eston, George F. Scoville and L. E. Jonés, jr. Supreme Court Sitting. The supreme court of Nebraska will con- wene tomorrow for its September session. The customary grist of opinions will be banded down by the court, chief among MyStomach “It feels so uncomfort- able. Food distresses me. I get blue and despondent. I fear it is my heart. But my docter says it's my | State Board of Equalization. | pressive of respect for Mr. which will be that of the suit of The Hée Bullding Company of Omaha against The The plaintift secks to enforce a new sitting by the board at which there shall be a revised valua- tion placed upon the property of the rail roads In the state, It belng averred that the previous valuation fixed by the board is below that of other property within the state, and therefore inequitable. The court tomorrow, in conjunction with the state bar, will hold memorial services in honor of the late G. M. Lambertson and Willlam Leese. Committees appointed by the court to draft resolutions will report at that time. A. 8. Tibbets, F. M. Hall, John L. Webster, B. J. Hainer and John L. Baldwin will frame the resolutions ex- Lambertson, while the Leese committee includes 'John M. Stewart, M. B. Reese, F. N, Prout, G. W. Berge and J. L. McPheely, Reward for Marderer. Governor Savage today offered the statu- tory reward of $200 for the arrest of Gott- lieb Neigenfind, who murdered Anna Peters and Albert Breyer last week in Plerce county and is now a fugitive. The commission of Frank P. Crandon as commissioner of deeds for Nebraska and resident in Chicago, was extended today by the governor for a term of five years. ON THE TRAIL OF NIEGENFIND Two Clues to Whereabo derer, but Most Prob trom Piig PIERCE, Neb., Sept. gram.)—County Attorney Barnh directing the pursuit of Niegenfind, Plerce county murderer, has two clues as to his whereabouts. It was reported this morning that two travellng men saw a man answering his description last Friday be- tween Crofton and Hartingtoo. Another re. port was recelved this morning from Con- stable G. W. Goff and Detect've Franklin, who are Stanton. They say that a man told them that he was acquainted with Niegenfind and that on Saturday Nlegonfind rode with bin nearly tc Piiger. The man iid not know that Niegenfind was charged with murder. Constable Goff thinks they are about four hours behind the murderer. Henry Carsten, a farmer and a bacholor, living about four miles southeast of whers the murder was committed, says that Nie- genfind stayed with him all night after the murder was committed. All he said was that he and Breyer had had a fight end that maybe he had killed Breyer. That a wagon went past the house thar night and that Niegenfind rose up In bel and cocked his revolver and sald if the shcriff came after him he would shoot him. Tha: £ he were surrounded by too many meu, h> would Kill himself. Carsten sald Niegenfind was prepared to get cut any (i as he did not take off his clothes whon ho retired. Nie- genfind rode wita him Wit a load of hogs | until #ithin one imile of Winside when he left, going south. Carstor went to Win- side with another load of hogs the next day, but heard nothing of the murder, until on the road home. He was Informed of it but refused to belleve it until he asked his nelghbor, August Koertlug, who told him it was true. The county sommf 18" a sieats | ing today and offered a reward of $300 for the capture of Niegenfind. The ‘uneral of | Albert Breyer and daughter held yesterday was largely attended. Mr. Breyer was an old settler in Plerce county and was a highly respected citizen. MINISTERS GO OUT SLUMMING Tell Congregations on Sunday Who They Saw in the Disreputable Places, HASTINGS, Neb., Sept. 15.—(Special.)— A thunderbolt from a clear sky penetrated nearly al the prominent churches of Hast- ings yesterday morning when the respective ministers began their sermons by telling a few facts which they had seen and learned about the places of degredation in Hastings and the people who visit them. It seems the clergy of this city conceived the idea of vis iting all the palaces of sin and places of iniquity in the city, and last week they put their idea into action. Before starting they found themselves wondering how they could gain admittance into the places of vice, but soon they fearned that all doors swing open, even to them, and they also found all that they were looking for, and more too. Rev Van Dyke of the Presbyterian church said in his sermon yesterday morning that in every den or disreputable place the min- isters visited they found a member of some one of their churches there, apparently en- | joying himself. Mr. Van Dyke further sald that be did not hold Mayor Miles | to blame for these dens of iniquity in the city, because the mayor was enforcing the laws according to the manner in which the | church members desired it. The sermons were all full of fire and were quite sensa- tional. From all accounts the male members of the various churches must have had a | “hunch,” for they were consplcuous by their absence from church yesterday. Wholesale Grocery for York. YORK, Neb., Sept. 15.—(Special.)—It is nearly an assured fact that York will soon have a wholsale grocery house. Last week | parties interested came here and secured | options on trackage property near the Bur- lington depot and on Lincoln avenue. They asked parties whom they talked with to | not say anything about it. It Is supposed | that the parties are either interested in | one of Omaba's wholesale houses or are | some of the leading employes who expect to 0 In business for themselves. York's geo- graphical location {s such that it would make one of the best distributing points in | eastern Nebraska. Its rallroad facilities are the very best. Rallroads run out of York | In every direction. If something should happen that these parties do not build and | start a wholesale grocery house, there are | parties here who are becoming interested | and may start ome. Polities et Tecumseh. TECUMSEH, Neb., Sept. 15.—(8pecial.)— | Now that both the republican acd the fusion county conventions have been called, things | political In this county are on the boom. | A county attorney, member cf the house of | representatives and a commissloner from | the Third district is all the officers there | are to elect this fall. However, there Is | A profusion of candidates from both cam, The republican float senatorlal convention | for the Second district, which Includes Ne- maba and Johuson counties, will be held in the town of Johuson, Baturday, September | 27. The selection of a candidate for sena- tor falls to this county this year and there are two or three aspirants. | at Beatrice. BEATRICE, Neb., Sept. 15.—(Special Tel- ‘~The Elks' carnival opened here today with a falr attendance. Oppen- belmer's shows will give performances day and night during the entire week and the tamous Second Regiment band will fur- nish the music. If the weather is favor- stomach.” And what did your doctor tell you to take? Ayer's Sarsaparilla? Quite likely, for he knows. u fiffes. disposition {s weak. The ncrves are weak. Nothing acts well. Just one of \yer's Pills night will make these g . To! 3 i 4. G AYER CO., Lowsil, Mass. able Beatrice will entertain the largest throng of people visiti the city for years. Net Much Damage In York. YORK, Neb., Sept. 15.—(Special.)—The recent frosts bave done some damage to corn, but to what extent is not yet known. Many farmers belleve that it has damaged the very late corn, and others think that even the late corn was out of the way. York | few weeks GUARDSMEN STAY AT ROME @overner Bavage Assigas Lack of Funds as One of the Reasons. UNION PACIFIC STRIKE IS THE OTHER en They Are Attes he Maneuve: (From a Btaft Correspondent.) LINCOLN, Sept. 15.—(Special.)~The Ne- braska National guard will not take part in the coming fall maneuvers at Fort Riley, Kan. Governor Savage today made public the following statement upon the subject: After looking Into the matter fully I have concluded that Nebraska is not in position to accept of the invitation of the War de- partment to mobllize the Natlonal guard at Fort Riley, and 1 have advised Adju- tant General Colby to that effect Various reasons impelled me to that de- cisfon. It would entall an expense of ap- proximately $25,000. Many of the members are engaged in school work, both as in- structors and students, and to take them from their work at this time for a period of two weeks would work a hardship on them and seriously interfere with the edu- cational machinery of the state. My policy has been throughout my administration to require each institution and each depart- ment to keep within the amount appropri- ated and guard against expenditures in excess of that amount. The unexpended portion of the money appropriated for the National guard is sufficient to defray in- cldental expenses only, and such expense as would result from mobilizating at Fort Riley would have to be met by a deficlency appropriation, a proposition -1 am unal- terably opposed to. Another reason why I deem it unwise Is the Industrial situation. For some time a strike has been in progress on one of the principal raillway corporations, and while no request for troops has yet been made, it is Hable to come at any time, and it is necessary that the state shall be prepared to respond promptly. To send the troops out of the state in face of such conditions would be unwise, if not perilous. However, that Nebraska may reap some of the benefit I have accepted an invit tion from Adjutant General Corbin to s & committee of officers of the guard, nd 1 have appointed Adjutant General Colby Brigadler General Barry, Inspector General Bills, Surgeon General Evans, Colonel Wil- llam' Hayward, Colonel Harry L. Archer, Captain R. Brooks and Captain Samuel E. Yoder as said committee, Unless detained by official business I shall attend the exercises myself Will Make but Ome Speech. The hopes of Lincolnites who wanted to hear two speeches from President Roose- velt on the occasion of his visit to this city were dashed today by a telegram from Becretary Cortelyou, in which he said that the president declined to make more than one talk in any city. The arrangement was to have him address one gathering at the capitol grounds and another from the | balcony of the Lincoln hotel. The program of entertainment will em- brace a big procession and & general wel- come. The president will be here one hour. He will be escorted to the capitol by a cordon of police and militiamen and citizens and uniformed organizations. Gov- ernor Savage will Introduce the president, but will make no speech. Following the president’s address a reception will be held. The street cars will not run during the hour the chiet executive is here. This was decided upon as a certain means of avold- ing any repetition of the Pittsfleld tragedy. Mr. Day Will Wait. George A. Day of Omaha, one of the commissioners of the supreme court, who has been tendered the Fourth district Judgeship made vacant by Judge Keysor's resignation, had a long conference with the governor today. It is underctood that he will not make his decision until after the Judicial convention {s held. If he secures the nomination he will accept the appoint- ment to the vacancy, while if someone else is nominated be will retain the commi sionership, Commissioners in a Sq .. The minority and the majority in the Board of County Commissioners have again clashed. The trouble began some months #go, when Commissioner Tilton, conclud- ing that he had been duped Into giving a favorite, of Mr. Welton the remunerative contract for building the county bridges, in- stigated proceedings which resulted in the annulment of the contract. In delivering its opinlon the court reprimanded the com- missioners for the careless manner in which they let the contract and the haste displayed. This led to a feud between Tilton on one side and Welton and Borgelt on the other. An effort was made to block Tilton's re- nomination, but the convention was held too soon to make it possible to do this. Tilton lives in the most overwhelmingly republican district in the county, and a fight against his re-election was found to be hopeless. At a meeting of the majority faction late Saturday evening a resolution was passed redistricting the county. It was not made public until today, and the fact that it makes it nearly an even ques- tion whether Tilton can be re-elected from the new district has caused considerable comment. Friends of the commissioner say that it Is an attempt on the part of the other faction to make it poseible to defeat him at the polls. The majority faction in- sists that it was done to equalize the vot- ing strength of the three districts. Wel ton had a close call when he ran, because all of the populist precincts in the county are in his district. He is said to desire third term and wants to make himself safe. Another reason assigned is that Borgelt, who has moved from the Second ward to the Fifth, wanted the dfstrict changed so that he would be in line for a second term. By the redistricting the Fifth, formerly in Tilton's district, is added to Borgelt's, and the Third ward, which has a candidate or two already for next year, is tacked onto a country district. By the new arrangement the city has one commissioner exclusively and the country two. Said to Be in Hi Mrs. Albert Sechrest, alia Hertzler, the Liocols woman who has been the central figure in a Kansas City sen- sation, where she was discovered to be posing as the wife of two different men, is said to be hiding In this city. There is no pending charge against her in the Missourl city, but she does mot want to see e porters. Her friends say that she is pre- paring to go back and confront her alleged slanderers. Sechrest, the man she claims is her busband, was killed there last June, and Hertzler, who claims her as his wif is & rallroad yardmaster. ; The woman's mother, Mrs. Jobm Strine, lives at 445 North Twenty-sixth street, but Mrs. Se- chrest s not with her. The Strines are old residents and the woman's escapades have caused a big sensation in East Lin- coln society. School Teachers Searce. School teachers for the rural districts of Nebraska are still a scarce article. A 0 the situation amounted al- most to a famine and, while State Superin- tendent Fowler reports that the shortage has been slightly relieved, still the prob- lem is a perplexing one to many scores of distriets. oung Woman Attempts Suicide, DAVID CITY, Neb., Sept. 15.—(Speclal.)-- Miss Albina Prohaska, about 20 years of age, made unsuccessful attempt to commit suicide last night by taking seme polsonous county corn crop will yleld from ffty to ninety bushels to the acre, and a great part of it will be fed to cattle and hogs. drug. She is considered out of danger this morniog. Disappolatment in love affairs Is the supposed cause of ber act. IS IT AN EPIDEMIC? Vital Statistics Shew an Alarming Increase in an Already Prevailing Disease— Are Any Exempt? At no time in the b there been such an alarming Increase’ in the number of cases of any particular malady as in that of kidney and bladder troubles now preying upon the people of this country. Today we see a relative, a friend or an acquaintance apparently well, and in a few days we may be grieved to learn of their serious lllness or sudden death, caused by the fatal type of kidney trouble—Bright's disease. Kidney trouble often becomes advanced into acute stages befor the afioted is aware of its presence; that ls why we read of so many sudden deaths of prominent business and professional men, physfcians and others. They have neglected to stop the leak in time. While sclentists are puzzling their brains to find out the cause, each individual can, by a little precaution, avold the chances of contracting dreaded and dangerous kidmey trouble, or eradicate it completely from thelr system it already afficted. Many precious lives might have been, and many more can yet be saved, by paying attention to the kidney: It is the mission of The Omaha Bee to benefit its readers at every opportunity and therefore we advise all who have any symp- toms of kidney or bladder trouble to write today to Dr. Kilmer & Co., Binghamton, N. Y., for a free sample bottle of Swamp-Root, the celebrated specific which is having such a great demand and remarkable success in the cure of the most distressing kidney and bladder troubles. With the sample bottle of Swamp-Root will also be sent free a pamphlet and treatise of valuable Informa- tion. Don’t make any mistake, but remember the name, Swamp-Roet, Dr. Kilmer's Swamp-Root, and the address, Binghamton . Y., on every bottle. tory of disease has CARS PILE UP IN THE DITCH Engin Fireman Dangerously VALENTINE, Neb., Sept. 15.—(Special Telegram.)—A serious rallroad accident oc- curred about 8 o'clock this morning, six- teen or elghteen miles west of here. The regular eastbound frelght train broke in two and part of {t was left behind on the track unnoticed by the engineer. A special stock train was following and as it rounded & downhill curve the engineer, J. 8. Hall- stead, saw the danger, set the alr brakes and reversed his engine, but was so near he could not stop, and, knowing the crash must come, he and the fireman, Tom Sutterfield, jumped from the engine. A brakeman to the top of the cars and was thrown more than 100 feet away without being hurt. special traln are piled In a heap, down a steep embankment. None of the passengers o the ached portion of the hoad traln were hurt, they having run for their lives when they saw the special coming. A young man beating a ride was seriously cut on the head, but will recover. The engineer and fireman are both here in a critical condition. Tralns are side-tracked walting the clearing of the wreckage and repair of the track. MEMORIALS OUT IN THE STATE People of Nebraska Pey Loving Trib- ute to Memory 8f Prestdent MeKinley, - SHELTON, Neb., Sept. 15.—(Special.)—A union McKinley memorial service was held in the Methedist Episcopal church last even- ing. The church was filled to its fullest seating capacity. Rev. Stiffier preached the sermon, and was assisted by Rev. Beller of the Evangelical church. Many loving trib- utes were paid to the martyred president, and a special choir sang the songs which were his favorites. HARVARD, Neb, Sept. 15.—(Spectal)— Unfon services of all the churches of Har- vard, was held last evening at the Metho- dist church, Rev. V. A. Shirley of the Christian church, delivering an interesting sermon. Specially prepared music by a combined choir of all the churches, was an interesting part of the exercises. BEATRICE, Neb., Sept. 15.—(Special Tel- egram.)—Some of the churches in the city held memorial services yesterday in honor of the late President Willlam McKinley. Competing Telephone Line. DAVID CITY, Neb., 8ept. 16.—(Special.)— The city council, at the regular meeting last week, granted a franchise to the Benedict Telephone company of Benedict, Neb. This is an Independent company and will connect with all other independent lines in this and adjpining counties. The new company has quite & large list of subscribers and it re- ports the outlook decidedly encouraging. This will give David City a .ompetiting line, and the new company also promises quite a reduction in rates. School Improvements at Stanton. STANTON, Neb., Sept. 15.—(Special.)— The public schools opemed here today with a good attendance. New facilities are being added, among others a modern steam heat- ing plant, the installation of which delayed the opening of school. Prof. H. E. Mason remains at the head of the schools for his fourth term. © Ripen Fast. HARVARD, Neb., Sept. 15.—(Special.)— Corn is fast ripening under the Influence of two quite hard frosts, and the dry and windy weather. A comservative estimate would place one-third of the corn crop more or less injured by the frost, as all corn not fully ripe was more or less hurt. FUGITIVE GIVES HIMSELF UP Kansas City Man Charged with Jury Bribing Surrenders and Plea Not ' Gulity. KANSAS CJTY, Mo., Sept. 15.—Abrabam Davis, charged with jury bribiag in the in- terest of the Metropolitan Street Railway company in & damage sult, who has been a tugitive from justice for more than year, surrendered today. He was given a prelim- inary hearing, pleaded mot guilty and was released on $1,700 bond. Davis says be has been in New York ever since he left Kansas City. The prosecutor hopes to secure disclousures from Davis that will result in other arrests for alleged jury bribing in damage suits. Philippine Revenues. WASHINGTON, Sept. 15.—The bureau of ineular affairs of the War department has prepared for publication a comparative statement showing the customs revenues in the Philippine archipelago for the fiscal year ending June %, 102, compared with i%1. 150 and 189, ‘expressed in United Slates currency. The statement shows that for the flscal vear ending June 3, 192, the customs revenues were $8,392,777. for 1901, $9.108,754; for 1900, 86,799,297 and for 1899, $3,000,564. Troops Arrive st Fort Riley. JUNCTION CITY, Kan., Sept. 15.—The first troops to take part in ‘the war maneu- vers at Fort Riley, which will begin within & week, arrived here at noon y overland from Leavenworth. They con- sisted of the BSecond squadron of the Fourth cavalry 3% men. They s Grom Lavenworth & week aso today. in the cab with them climbed | Cattle, cars and the engine of the | ELUDES THE STANTON POSSE Amailant of Anna Billawa Drops Out of ight for Time Bei COUNTRY STILL BEING SCOURED FOR HIM His Vietim W Large Measure Re- covered from the Effects of Her Terrible Ex- ten, STANTON, Neb., Sept. 15.—(Special Tele- gram.)—The pursuit of Welch Lowrey, who kidnapped and assaulted Anna Billawa Sat- urday night, is still being kept up under di- rection of Sheriff King. Lowrey evidently made his escape from the cornfield across the river during the night and no trace of him has been secured since. The blood- hounds which were sent for have not ar- rived While the excitement has died down some- what, no effort will be spared to run him down, though there is now no danger of a lynching unless he should carry out his thireat and shoot some of the pursuing posse. Lowrey 1s fully armed and also has plenty of ammunition, and it s also stated he is well supplied with money. He comes from a good family, but has been dissipated for the last few years. He is 24 years of age, five feet nine inches tall and of slight build weighing about 140 pounds; has light bair, smooth face and prominent chin. He wears | a light suit of clothes and a light overcoat. Anna Billawa, his victim, has in a large measure recovered from the effects of her experience, though atlll nervous. When she arrived at the home of her brother she pre- sented a pitiable appearence. Her clothing was torn almost into shreds, the remnants of clothing and her hair were matted with sandburs and she was utterly exhausted. | MAY REINSTATE STILWELL Judge Grant's Petition to Discharge Recelver of Guardian Trust Com- pany of Kansas City. KANSAS CITY, Sept. 15.—Judge Amos M Thayer of the circuit court today granted the petition of the stockholders, represent- ing Arthur E. Stilwell to discharge the re- celvers of the Guardian Trust company, ap- pointed over a year ago at the instigation of John W. Gates and his following. The supporters of Mr. Stilwell, who at the }time the company was thrown into the re- celver's hands was president of the com- pany, asserted in their petition to have the recelvers discharged that the business could be conducted more economically with them. The Gates contingent opposed the move on the theory that Stilwell desired to merge the Gulf and Trust company into the Mex- fcan Trust company. It is sald that Mr. Stilwell will be reinstated as president. Judge Thayer's order authorizes the re- ceiver to pay immediate direct liabilities to the sum of $199,433, and make payments of contingent ilabilities to the amount of $31,- 880, taking from the persons holding the contingent claims agreements extending the time for the payment of the residue. The direct liabilities ordered to be pald include outstanding debenture bonds, mortgages on real estate, trust funds, open accounts and IPE-RU-NA NECESSARY TO THE HOME. A Letter From Congressma PE-RU-NA IS A HOUSEHOLD SAFEGUARD. No Family Should Be Without It, PERUNA fe @ great family medicine. | The women praise it as well as the men; it s just the thing for the many little catarrhal allments of child- hood. The following testimonials from thank- | ful men and women tell in direct, sincere language what their success has been In the use of Peruna in their families: Louls J. Scherrinsky, 103 Locust street, Atlantic, Towa, writes: “I will tell you briefly what Peruna has done for me. 1 took & severe cold which &ave me a hard cough. All doctors’ medi- cines falled to cure it. 1 took one bottle of Peruna and was well, “Then my two children had bad coughs accompanied by gagsing. My wife had stomach trouble for years. She took Pe- runa and now she is well “I cannot express my thanks in words, but T recommend your remedy at every op- portunity, for I can consclentiously say that there fs no medicine Itke Peruna. Nearly everyone in this town knew about the sifkness of myself and family, and | they have seen with astonishment what | Peruna has done for us. Many followed our example, and the result was health, Thanking you heartily, I am."—L. J. Scher. rinsky. Mrs. Nannle Wallace, Tulare, Cal., ident of the Wostern Baptist Soclety, writes: “I consider Peruna an indispensable arti- cle in my medicine chest. It is twenty medicines {n one, and has so far cured every sickness that has been in my home for five years. I consider it of special ! value to weakly Women, as it bullds up the general health, drives out disease and keeps you in the best of health.”—Mrs. Nannle Wallace. Peruna protects the family coughs, colds, catarrh, brodehitls, of the stomach, liver and kidneys. Pres- | Missionary agalnat catarrh | It is ness or that tired feeling, BLUE RIBBON BEER will health. $16,000 due the estate of the late F. M. Black, by order of the court for services as recelver. A statement accompanying Judge Thayer's memorandum shows that there is $382,397 cash avallable at this date to meet the re- quirements of the order, and it will leave a balance of $151,624. Judge Thayer's order authorizes and di- rects the receiver, immedlately on the ll!q- tion and organization of the new board of directors ‘of the Guardian Trust company, which the court understands will be elected, and will convene on October 22, to turn over to such board all property and assets of the Guardian Trust company in his hands. | The stockholders of the company at their | coming meeting are to adopt a resolution in- structing the directors of the Guardian Trust company and its executive committee to sell to the best advantage all the real property of the company, save such as may be needed for the transaction of business. The executive committee is also to sell, col- lect or otherwise reduce to money, with all convenient speed, all bonds, stocks, bills, de- | mands, claims and securities which the not good interest-bearing securities, to the end that the affairs of the company may be put in a condition for speedy and convenient liquidation. The minority stockholders who have ob- Jected to the discharge of the receiver must be given at least one representative on the board of directors to be elected October 22 who shall also be & member of the executiy committee of the board, if such a committee is elected. Today's order by Judge Thayer marks the near approach of the end of the Guard. {an Trust company. This company was or- ganized as the Missourl, Kansas and Texas Trust company in 1889 by A. E. Stilwelt and E. L. Martin, with an authorized cap- ital stock of $1,000,000, divided into 10,000 shares of $100 each. In 1899, soon after the capital stock had been increased from $1,600,000 to $2,600,000, the name was chonged to the Guardisn Trust company. The efforts of John W. Gates to secure control of the company and oust Stilwell culminated by Gates throwing the com- pany into the hands of a receiver. This was in November, 1900. An infant forty years ago. Today a mighty giant. Cook's Imperial Extra Dry Champagne. America’s favorite. SCIENTIST CHARTER REFUSED Judge Says He Cannot Grant One for Comcern that Combines B Religion, PHILADELPHIA, Sept. 15.—The applica- tion for a charter made by the First Church of Christ (Sclentist) was refused today by Judge Arnold in the common pleas court. In his opinion Judge Arnold says The charter applied for in this case covers a double purpose—a church and a business. We have power to grant a charter for a church, but we have no authority to grant @ charter fof a corporation for profit, that 15, a business corporation. Continuing, the court quotes from the textbook of Mary Baker G. Eddy instruc- tlons to Christian Scientists to sell and cir- | mucous membranes cures nothing enters your stomach Let us send you a case today. n White, of North Carolina, D D R L = S A—. HON. GEORGE H. WHITE R T S SO just as sure to cure a oo the bowels as it is a © bead. Congressman George Henry White, of Tarboro, N. C., writes the following letter to Dr. Hartman in regard to the merits of the great catarrh cure, Peruna House of Representativer Washington, Feb. 4, 1890, The Peruna Medicine Co., Columbus, 0. Gentlemen—*I am more than sat- Isfied with Peruna, and find it to he an excellent. remedy for the grip and catarrh Thave used it in my family and they all join me in rece omending it as an excellent rem- edy.” of catarrh of e of catarrh of the Very respectfully George H. White Peruna is an {internal, scientifio, temic remedy for catarrh. It is syae no pal- | Native or temporary remedy; it is thorough In its work, and in cleansing the disensed the catarrh If you do not derive prompt and satis- factory results from the use of Peruna, write at once to Dr. Hartman, giving full statement of your case and he will be pleased to give you his valuable advise | grails. Address Dr. Hartman, President of Tha Hartman Sanitarfum, Columbus, Ohio, Your Health depends almost entirely on the condition of your stom- ach. If you suffer from dyspepsia, indigestion, sleepless- THE PERFECT BREW Put you right—see that that will injure your culate the publications of Mrs. Eddy, fallure | to do the same belng sufficient cause for ex- | pulsion from mebership in the church. This shows,” eays the court, “that the so-called church Is @ corporation for prof organized to enforce the sale of Mrs, Eddy's books by its members, which is a matter of business and not of religlon. As the courts bave no power to charter such a corporation the application for a charter 15 refused.” SUNSHINE FOLLOWS CLOUDS Which Same fs All that the Weather Man in Washington Knows About It. WASHINGTON, Sept. 15.—Forecast: For Nebraeka and North and South Ds kota—Partly cloudy Tuesday; Wednesday fair. For lowa—Fair Tuesday; central and east portions For Missouri—Fair; Wednesday fair. For Colorado, Wyoming and Kani | Fair Tuesday and Wednesday. | For Montana—Partly cloudy Tuesday; probably showers In west portion; cooler ! in southeast portion; Wednesday fair. Local Record. OFFICE OF THE WEATHER BUREAU, OMAHA, Sept. 15.—Officlal record of tem: perature ani ‘rr!‘«'lpllllum compared with | the corresponding day of the past three years: 1902, 1901. 1900. 1899. 7 6 7 8 86 M % 8 warmer In Wednesday fair. rmer Tuesday; | | Maximum temperature Minimum temperature Mean temperature ........ 68 & 6 712/ Precipitation i ) Record of temperature and precipitation at Omaha for this day and since March 1, | 190 1 Normal temperature Deficiency for the day ... Total excess since March Normal precipitation Deficiency for the day.... Total rainfall since March 1 Deficlency since March 1... bt Deficlency for cor. period, 1801... 6.75 Inches | Deficiency for cor. period, 190... 1.95 inches Reports from Stations at 7 F. M. . 10 inch .21.90 inches | 217 inches | i B uopedpPag CONDITION OF THN WEATHER. -viodwe) wnuixvR Valent A North Platte, partly cloudy Cheyenne, cloudy . Salt Lake City, partly Rapid City, cloudy . Huron, partly cloudy Williston, clear 8t. Louls, clear ... St Paul, partly cioudy Davenport, clear ......... Kansas City, partly cioudy Havre, cloudy . Helena, cloudy .00 Bismarck, cloudy Galveston, clear . cloudy. s383833e38s82ss! "7 indicates trace of preci ¥ e A WELSH, Local Forecast Ofelal A baby is whatever its parents make it. This is so even to the first -ngu of gestation, when, if the mother gets baby will be a jolly, laughing, good tempe: Yy Nature when aided b necessarily that the child is pretty, but that its general effect is one of seeming attractiveness. Mother's Friend is a own pretty fingers rub it gentl: itis &R‘ldylblarh.d ad o Y d i lls it You may Bave sur THE BRADFIELD REGU Mother's Friend will give a healtnful child with a free and graceful body, which is evidenced in elastic action iment for external application. Women's on the parts so severely taxed, and ubricates the parts. book * treatment, the , rz:m little X of the limbs, clear skin, bright eyes, fine hair. We exclaim invol. untarily over such a creation, How beautiful !" meaning not v eeseteis et tsseseee., for_§1. T bottle. Bood " FREE. LATOR CO.. Atlants. Ga. | imit, stopovers. OW THE FLAC FOLL Nebraska Official Train —T0-— Washington, D. C. Leaves Chicago via Wabash R. R. noon, Oct. 5. via Detroit, Niagara Falls and Buffalo. arrives Washington afternoon Oct. 6. sleepers, tourist cars, etc., through, long See Nigara Falls. Rate, $15.85. Chicago to New York and return, $23.30, sold Oct. 2 to 5. Boston ahd re- turn $19.00, k0ld Oct. 7 to 11. Wabagh New City Office, 1601 Farnam, or address Harry E. Moores, G. A. P. D., Omaha, Neb. DR. McGREW SP=CIALIST. Treats all forms of DISEASES AND DISORDERS OF MEN ONLY 27 Yeurs Experlenc 17 Vears in His remarkable Vce bas never been equaled and every day brings many fiattering | reports of the good he 1s doing, or the relle: glven .,.“;' Springs Treatmsnt for Syphilis And ull Blood Poisons. NO “BREAKING OUT" oo tne skin or face und all exiernal signs of thediseuse disappear at once. oon Dl§ SE ppmenently cured o lexs thun 40 Days ARIC EI. LESS THAN 5 DAYS, v 0 q cases cured of nerv. vitallty, al discharges, Btricture, Kidney Bladder Diseases, Hydrocele. Treatment by mall. P. 0. Box 766, OMce over 215 8. 14th street. between Farnam and Cures gusrsnteed ous debility, loss of unnatur; Gleet, and QUICK CURES-LOW CHARGES Douglas Sts., OMAHA, NEB. Aabn fipsiatioee or Ve o &ent or polsoncus. 0000 0000000000000 hd The Bee prints daily the most complete Sporting News The sporting department of ¢ The Omaha Sunday Bee is unexcelled. 00000000 000000000 @ dcesacacrsee * P