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

THE OMAHA DAILY BEE: FRIDAY, DECE BER 19, 1502 RECOMMENDS SALE OF LAND Land Commissiener Would Disposs of that Held for Penitentiary Fand, STATE FAIR MANAGERS SETTLE UP Legislative Committee of State Te: Associat Removal of Norm: Seh (From a Staft Correspondent.) LINCOLN, Dec. 18.—(Specfal.)—Land Commissioner Follmer will recommend to | the legislature that the land known as the penitentiary land, situated in Lancaster and Seward counties, be either sold and the proceeds turned into the general fund for the construction of a new penitentiary, or else that it be transferred to the school | fund and leasedl, as it i at present. The | land became the property of the state at | the time of {ts admission to the union. The greater part of this land was sold at the time of the construction of the present building. A little over a section was not sold, however, for the want of buyers, and that land still remains an unclassified ap- pendix to the accounts of the commissioner of public lands and buildings. Year after year pscommendations have been made by the incumbents of that office as to the dls- position of the Income of this land. At | the present time there is to the credit of | this land the sum of $4.088, the fncome of | several years past. Mr. Follmer recom- mends that this amount be turned over to the general fund or placed in the temporary school fund Small Bulance in Fair Fand At a meeting of the board of managers of the state fair, held at the Lindell hotel | last night, the final reports of President | Dinsmore and Secretary Furnas were read The reports contained an itemized state- ment of the expenditure of the $35,000 ap- propriated at the last session for the es- tablishment of a permanent home for the | state fair. Thero is a balance of 40 cents | on hand, The state fair is under the control of the | State Board of Agriculture and for the | premiums to be- awarded each year the | state contributes $3.000. Usually the pre- | miums amount to $30.000 and the board is 1eft to hustle the remainder as best it can. | The annual expenses of the board range | from $28,000 to $30,000. For the year 1802 | from its Improvised means the State Board of Agriculture has expended for perma- nent improvements on the grounds pur- chased by the state for fair purposes the Rum of $5,787.42. This for material, new buildings, painting, insurance and labor. | The salaries, the total of which Is $3,500, | are pald from the fund improvised by the | beard | Chiaf Deputy Fish, Commiastoner 0'Brien and Game Warden Simpkins submitted to | the board plans for the construction of a | now fisheries bullding. They contemplate | a structure 60x110. Along each of I's lat- | eral walls will be placed a continuous | aguarium. with a place between it and the | wall for the passage of those in attendance | upon the fish. In the center of the en- | closure will be a large fountain and space et apart for the display of birds and | animals, between which and the aquarium will be large promenades for the public. 1t Is estimated that the cost of the build- | ing will be from $8,000 to $10,000. In the | structure will be sultable sleeping apart- ments, an office for the superintendent, ete. Programs of & Dr. Peters of the State university sub- mitted to the board the program of the | State meetings which will be held in Lin- coln at the time of the annual meeting of the State Board of Agriculture. The time ot the state fair will be from September T The annual meeting of the board e Meeting: T el will be January 20. Presidents of all reg ularly organized county agricultural so- cleties in working existence are members | the use of their property. the city (t was retorted that it was neces- | of the state boerd and In cases where the presidents cannot attend the soélety must | ¢lect a delegate. Each county soclety must furnish a report in accordance with blanks submitted and fallure (o furnish the report forfelts the right of representation. President Dinsmore has named the fol- lowing committees for the work of the coming year Auditing Committee—L. Morse, Benkle man; L. D. Stilson, York; H. L. Cook, St. Paul. Reviston of the Premium List—S. C. Bas- Gibboa: Elijah Filley, Beatrice; T. A. y. Aurora; Peter Youngers. Geneva; | . W. Furnas, Brownville Credentials—W. R. Mellor, Loup City; W. G. Hervey, Omaha; V. Arnold, Verdon. The premium list committes will meet for revision of the lst at the Lindeli hotel | Monday, January 19, and who have sug- gostions to make are Invited to either send them in te Secretary Furnas prior to that | @ate or be present a: the meeting The members of the board present last evenlng were: Messrs. W. R. Mellor, C. H. Rudge, Peter Younge T. A. McKay, 8. C. Bassett, President Dinsmore and Sec- retary Furnas. | Dis School Leglslation. The legislatice committes of the State Teachers' associa:lon met at the office of the state superintendent this afternoon and discussed questions to be presented to the leglalat Among the most import- ant was the normal school question. The committee passes this resolution: “That we favor the removal of the state normal school in Peru to some point west of the sixth principal meridisn.” On the proposition four of the members voted In favor, but Dr. Clark, principal of the school, did not vote and there was one absent. Those present were Fowler, Pearse, Ludden, Ward and Olark. The committee also passed a resolution favoring the es- tablishment of junior or summer normal schools, to contlnue from ten to twelve weeks, at from three to five points In the state where there were public school bulldings that could be secured without cost to, the state. This committee will ro- port to the State Teachers' association Wednesday, December 31. Bapkers Reserve Deposita. The Bankers Reserve Life Insurance as- sociation today deposited with the auditor $26,100, making & total of $50,950 that this company has on deposit to do business dur- ing the next year in Nebraska. This is the first company to put up its guarantee for the year 1903. o Defines Malice, W. H. Miles and Nellie Miles had Charles Walker and bis father arrested five dif- ferent times, one right after another, for the same offense, throwing down a fence. The Walkers sued in Frontier county for FOR CHRISTMAS DINNER | court DESSERT try JELL-O, prepared according to the following recipe JELL O SNOW PUDDING. Dissoive one package of any favor Jell-0 in one pint of bolliag and after it has about haif hardened beat up thoroughly with an egs beater: 8dd the white of one egx thoroughly beaten aad stir the whole together ualil they are mixed; pour into cups and set n & cool place until firm. This may bs served with whipped cresm or custard. A nice dessort for any meal, at any time. Four flavors—Lemon, Orange, Rasp- berry and Strawberry. At grocers, 10 cents. GET A PACKAGE TODAY. maliclous grospecution and recovered dam- ages. Miles appealed to the supreme court, and that tribunal bolds the lower court w correct. If a complaining witness, in his statement to his attorney before institut- Ing & criminal proceeding, makes a recita- tion of facts clalmed to have been pere sonally koown to him, which the jury thinks untrue, it la no protection that he acted on the advice of attorneys. Malice, it says, is not necessarily presupposed to be personal hatred or i1l will, but an action based on an improper motive, inferable from a wrongful act based on no reasonablo ground. Po % in Commere! Law. A point in commercial law is decided in the case of Oakley against Carr, from Lan- caster, which le reversed. The court says that notice of the dishonor of a promissory note—its being protested—is suffcient it sent to the last indorser by the first mail of the day following dishonor, even though such indorser is an agent for collection merely, and he is entitled to one additional day to notify the indorser immediately preceding him. This need not be a new one, but he may utilize the one sent him by the protesting officer. The court holds that an actlon in the nature of a creditor’s bill cannot be main. tained to set aside the conveyance of prop- erty which is exempt to the defendant as a homestead. The case came from Phelps county, where Henry D. Jayne tried to have a conveyance from the Holdrege National | bank to the wite of its president, W. E. Hymer, set aside on the ground of fraud. The court says there was no fraud, that the conveyance was bona fide, and that the temporary residence of the Hymers In | University place for the purpose of educat- ing their children did not rob them of the claim to a homestead in Holdrege. To maintain an action of this kind it must be alleged and proven that the relation of creditor and debtor existed at the time of the conveyance, or that part of the husband that he would become indebted to the plaintift and to hinder the collection of the debt when contracted. York Can Use Sewern. The city of York may continue to empty its sewage Into the waters of Beaver creek. John Todd and some others resident along the creek sought to enjoin the city from doing so on the ground that it would cause lite on their farms to be unbearable and would amount ‘n fact to depriving them of On behalf of sary for the health of the inhabitants thereof to have an outlet of that character and that as a matter of fact there had | been a lot of hog pens along the creek that smelled louder unto the heavens than would the outlet. The district court dis- missed the case as lacking In equity, and the supreme court affirms this decision. It holds that it is always a question of fact in cases of this character, the law belng that equity has the power to prevent pol- lution and contamination of running streams. Must Amend Insurance Contract. The Sons and Daughters of Protection will bave to amend its contracts of lnsur- ance and forms of application If it desires to avold paying death Josses to the tamilies of members who have taken their own lives. The supreme court has just afirmed a judgment recured in Cherry county by Emma E. Underwood against the order. The decision of the district court in the case of the Chicago House Wrecking com- pany against the Stewart Lumber company was affirmed. Two will cases were decided, in both of which the valldity of the wills was upheld. They were that of John Knox from Otoe county and Jerry C. Elllott from Burt county. i Ter Company Must Pay. ‘The supreme court afirmed the award of damages for $5,069 in the case of Reed | against Omaha Bridge and Terminal Com- pany. The company took property o which Reed had a mortgage and the question in- volved was whether Reed had a right to appeal from original mortgage. Rank against Garvy was a case involving the ownership of some land in South Omaha, formerly owned by Thomas Ryan, deccascd. Swift and Armour wanted the property and through a representative Ar- mour secured option on the land, while the sale was pending Swift offered more money f6r it and the heiss accepted this proposition. Suit arose over this. The held that original contract was good. In the case of E. C. Hager against South Omaha Hager got $1,000 damages in district court because of a fall on a side- | walk. The court reversed the decision be- | caure | omitted a material the court In instructing the jury legation that city must have notice. V. Wrzensuoski against City of South Omaha was a sult for damages. The plain- tft while going over a street v'aduct on foot went through 4 hole, and he was awarded $1,500 damage: The supreme court sustained the verdict. The city relled on the fact that no claim had been filed, { but the plaintiff showed that a letter bad been received by a former city clerk. Oxteopathie Doctors Meet. The State Assoclation of Osteopathie Phy- siclans held its annual convention here to- day, The following officere were elected: Prec- . —_— The newest development in the Interest of the Nebraska Suffrage assoclation comes from Geneva in the announcement that shortly after the holidays Mrs. P. B. Bray- ton of that place will give a series of lcs- sons in practical and fancy cookery, the proceeds of the course to go to the Suftrage assoclation. Mrs. Brayton s smons the prominent public-spirited women of the | state and was irstrumental in ihe estab- lishment of the lidrary at Gemeva about two years ago. The Suffrage club of Gen- eva Is among the strongest women's organ- izatlons of that county and its work in- cludes educational and philanthropic effort Mrs. Brayten's home has for several years been its regular meeting place and It was at the earnest sollcitation of the women of that vicinity that she has conzented to give the course of Instruction announced. A large attendance of women spared the time from their own Christmss preparation yesterday afternoon to attend the meeting of the Visiting Nurses' assoclation. held in the parlor of the Paxton hotel, from 4 to § o'clock, to hear the reports from the sick amdng the city poor end plan for comforts that may brighten the holidays for them. Mrs. W. R. Adams, superintendent of nurses, reported 415 visits made during the last month, forty-four patients, special nurses provided in seven cases. two deaths and four patients sent to friends. The ex- pense of the association in glving this care has been about $150. As chairman of the Hemaway Sewing circle, Mrs. L. A. Welsh reported $3T.75 as proceeds of the card party given by the circle on Wednesday afternoon. which goes to the work of the assoclation. For some time past there h been a desire to make Mrs. Herbert Ro ers honorary president of the association, she having been the founder of the work, and at Thursday's meeting this was done and Mrs. Arthur Noe elected as vice presi- dent. The announcement was made of an invitation from Judge Woolworth and Mrs it was executed | fraudulently with the expectation on the the | with an attendance of about thirty. | ident, Dr. Milligan of Grand Island; vice | president, Dr. Moss of Ashland; secretary, | Dr. Grace Deegan of Omaba. At the after- | noon session addresses were made by Dr. | Little of Lineoln, Dr. Cramm of Fremont | and Dr. Johnson of Omaha. |CHADRON IS SHORT OF COAL| Action | CHADRON, Neb, Dec. 18.—(Special.)— | Considerable difficulty 1s being experienced during the last few days In this place in getting a sufficient supply of coal to meet | the immedia account of the refusal of the Elkhorn rail- road to handle coal from the Sheridan mines loaded in Burlington cars. One of the largest coal dealers has at present a number of cars of coal from the Sheridan mines at Crawford, the junction point of the Burlington and Elkhorn roads, which the latter road refuses to haul to this place, as it gives them a haul of only thirty miles, while if the coal had been pur- chased from the Glenrock mines, which are located on thelr own line, it would glve them a haul of 175 miles in thelr own cars. It is understood that an offer of 50 cents per ton additional to regular freight rates for hauling the cars has been re- fused by the company, sud to relleve the | situation the coal will have to be tran ferred into Elkhorn from the Glenrock mines, which are now unable to il thelr present orders. Mickey Inspects In School. KBEARNEY, Neb., Dec. 18.—(Speclal Tel- egram.)—Governor-elect Mickey was a vis itor at the State Industrial school last night, dropping in without announcement of his coming. He made a critical Inspection of all parts of the institution and went east at noon today, but made no comment on the administration of Superintendent Begh- tol. A large number of citizens called upon him at the Unfon Pacific station previous to his departure. hat Follows Gri Paeumonia often, but never when Dr. King's New Discovery for Consumption ia |used. It cures colds and grips. G50c, $1. For sale by Kuhn & Co. FORECAST OF THE WEATHER Southern Nebrask demands of the people on | cars or purchased | BAXTER MAY YET GO FREE Wife Reoants Hor Former Story That Old Man Murdered the Baby. PLEA OF GUILTY MAY BE SET ASIDE @ 1s One of the Most Peculiar in Courts—Woma Incompetent. Mentally GRAND ISLAND, Neb., Dec. 18.—(Special | Telegram.)—The coroner's jury continued |1ts investigation into the death of the | 4-months’-old Baxter baby and recatled | | Mrs. Baxter To the astonishment of the | |Jury, coroner and officials she absolutely | denled every charge she had made against her aged husband last Saturday and admit- |ted that what she had sald on Saturday was wrong. She proved herself incompetent |to testity, belng very weak-minded. She | a1a not know how long she had been mar- ried, nor yet how old she was. Baxter, | placed on the stand, told practically the | | same story he has told from the beginning. He is nearly 70 years of age and of more than ordinary intelligence. The testimony of the woman today re- moves every particle of evidence against | him, and his attorneys will move to have | | his sentence of ten years set aside. Baxter | was, on Saturday night, finally induced to | plead guilty to manslaughter, but did so | protesting that he was innocent. Judge Thompsnn on Sunday ordered the negro re- tained here until a further investigation could be made. The verdict of the jury was that the baby had come to its death by | smothering, but whether accidentally or by | malicious cause the jurors were unable to determine, Citizens to Donate Park. ASHLAND, Neb., Dec. 18.—(Special.)— Plans are being made by a number of local business men to purchase the south half of block 17, Flora City addition, and present the same to the city of Ashland, to be used as a public park. The ground is finely lo- cated for a park, belng within one block of the business center. F. H. Chickering and | C. N. Folsom are circulating a subscription | paper, headed by a donation of $1,000 from E. A. Wiggenhorn, and ranging in amount | trom $160 down to $60. It ls estimated that $4,000 will be required to purchase the site WASHINGTON, Dec. 18 Nebraska—Fair In north; probably snow in south portion Friday: Saturday, fair, Towa—Falr Friday, except probably rain or snow In southwest portion; Saturday, rain or snow. Tllinols—Falr Friday; increasing cloudi- ness Saturday; probably rain in south por- tion; fresh winds mostly south. Montana—Falr Friday; warmer in south- western portion; Saturday, fair. Colorado—Snow, followed by clearing in west: falr in east portion Friday; Sat- urday, fair. Wyoming—Fair Friday and Saturday. South Dakota —Falr Friday; warmer In central and east portions; Saturday, falr. Kansas—Rain or snow Friday; Saturday, probably falr. Missouri—Fair in eaet; rain in west por- tion Friday; Saturday, rain in east; rain or snow and colder in west portion. Leeal Record. OFFICE OF THE WEATHER BUREAU, OMAHA, Dec. 18.—Official record of tem- Jrecipiiation compared with ing day of the last three 1902. 1901, 1900. 1 Maximum temperature ... 3 4 b1 Minimum temperature ... 8 —& 31 18 Mean temperature 19 -1 a4 % Precipitation ... 00 .2 .0 .0 Record of temperature and precipitation at Omaha for this day and since March 1, Normal temperature .. Deficlency for the day . Total excess since March 1. Normal precipitation Deficlency for the day. Total rainfall since March 1.. | Deticlency since March 1..... | Deticiency for cor. perfod, i0i. Deficiency for cor. period, 1900, ture and he correspon: years: 899, 1 CONDITION OF THE WEATHER. “uopEdPT Omaha. clear .. Valentine, clear ... ..l North Platte, partly cioudy. Cheyenne, clear ......... Salt Lake City, snowing. Rapld City, clear . Huron, clear | Williston, clea; Chicago, ‘clear | 8t. Louls, el 8t. Paul, clear . Davenport, clear ... Kansas City, clear . | Havre, partly cloudy .. | Ticlena, clear ) Rigmarck, cloudy . llm veston, clear ... — Zern T indicates trace of precipitation. and equip it for park purposes. Box OMce is Attach: BEATRICE, Neb., Dec. 18.—(Speeial.)— The “Hello Bill” company, which showed here last night, had the receipts of the box office and baggage attached by Miss Mil- dred Claire and Frank T. Glenn, members of the company, who eclaimed that Man- ager Kellogg owed them back salaries to the amount of $100 each. Mr. Keliogg de- | nies the fact that he owes the alloged debt and proposes to fight the case. The com- pany expects to fulfill its engagements for the \next week, after which the manager will return to the city and settle the mat- ter in the courts. Some Decaying. WEST POINT, Neb., Dec. 18.—(Special.)— Over one foot of snow now lies over Cum- ing county. Considerable corn | yet in the fleld, but the major part is husked. In the hail belt, which compriscs about ten miles long by three miles wide in the northeastern part of the county the corn is decaying badly since it was cribbed, | cattle and hogs refusing to eat it. It is a | problem with the farmers what to do with | the corn. Most of them will use it for tuel. To Build New Elevator. BEATRICE, Neb., Dec. 18.—(Special.)— The Farmers' Grain and Elevator company | of Virginia has purchased property near the right-of-way of the Missour| Pacific | road and will commence the erection of an clevator of 8,000 bushels capacity at once. The other two elevators of the company | at that town are filled with graic and, as | it is impossible to get cars, the company | has refused to buy any more grain during | the last fow days. | Pythians to Meet at Heatrice. BEATRICE, Neb., Dec. 18.—(Special.)— The Knights of Pythias lodge will hold a district meeting in this city February 4, at which time representatives from Wy- mora, Fairbury, Liberty, DeWitt, Tecum- sch and other towns In this section will attend. Several state officers of the order will also attend the meeting. Painters’ U Elects OMcers, BEATRICE, Neb., Dec. 18.—(Special.)— Palnters and Decorators union No. 595 met and olected the following officers: B. H. Oden, president: Wilson Lunbeck, vice president; Charles Walter, recording sec- retary; Harry Leach, financial secretary; Charles Robinson, C. Freeman and Len Thomas, trustce: Valuable Farm Changes Hands. BEATRICE, Neb., Dee. 1 (Special.)— Chris Knoche, a prominent German farmor residing near Ellis, this county, yestord: sold his farm of a quarter eection for $43 L. A. W, Local Forecas: elal R e — Woman’s Work in Club and Charity Guy Howard to hold the association's birthday party at their home February 2. The Invitation was gratefully sccepted. The young people of Westmins'er Pres- byterlan chureh will glve a dinoer on Wednesda, for the benefit of the Old Peo- ple's home. The Sunday school of the First Baptist church has adopted the plan of each mem- ber contributing a Christmas gift (o a col- lection to be distributed ameng th-se who would otherwise receive little. This year thelr donations will be divided betwcen the Old People's home and the Child Say- ing institute. g The women of the Home Queen’'s circle bave issued invitations for a library party to be given at Metropolitan eclub on the evening of December 29 for the benefit of the cooking school. The annaal Pilgrim Mothers’ dinner wiil be given at the Waldorf-Astoria on Mon- day, Dedember 22, the anniversary of the date of the Pllgrims’ landing at Plymcuth There was a large attendance at Thurs- day morning's meeting of the English lit- crature department of the Woman's club, the feature of the session being an address by Rev. George Edward Walk of Counc il Bluffs on Thomas de Quincey. clock on Sunday afternoom the Young Women's Christian assoclation will hold its Christmas gospel meeting in the assoclaticn rooms. Mrs. Byers, the gen- eral secretary, will reed the story of “The Other Wise Man,” by Henry Van Dyke, and the Young Woman's Christian Asso- clation quartet gnd Miss Frances Roedoer will tureish the music. The members of the Sunshine club of South Branch are busy with preparations per acre to Otto Scheve. Mr. Knoche will Jocate in Plymouth, Jeerson county. for a Christmas party, the invitations for which are to be lssued on Saturday. Mrs. W. P. Harford is to give a Christ- mas talk to the'young women at the Dyrne- Hammer factory next week and Miss Lil- lian Burgess is to sing appropriate songs and give a reading at M. E. Smith’ At the meeting of the board of directors of the Women's Christian association held on Tuesday morning tke following appoint- ments were made to complete the com- mittees for the Fear: Chairman of the board of managers of the Old People's bome, Mrs. P. L. Perine; clerk of the home, Mrs. Chetwood Hamllten; chairman of ad- mission committee, Mrs. G. W. Clarke chalrman of house committee, Mrs. W. B. Taylor; chairman of devotional and visit ing committee, Mrs. O. H. Pratt; -vard- robe committee, Mrs. L. L. Boltz; auditing committee, Mrs. H. J. Penfold, Mrs. David Cole and Mrs. E. M. Gibso. A gIft of $100 was received from the Elks. A discussion of plans for a new building occupled the remalnder of the sesslon In addition to maintaining headquarters In Lincoln during the session of the legis- lature in the Interests of a more cquitable woman's property rights bill the Nebraska Woman's Suffrage association is circula ing the following petition To the Tw y - Ef » of Ne- braskhs We the onmpiaiasure of Ne- most ‘peapectiully. petition ook Nonreekts body to repeal the law Which slvesor te widow the right of dower and to enact in lieu thereof a law granting to the widow of An Intestate possessed of real estate one- half of the real estate In fee simple and one-half of the personal property. The executive committee of the state as- sociation is considering the appolutment of & historian to keep a record of the suffrage work of Nebraska and the appointment probably will be made at the next meet. of the committee to be held fn Lincoln. 30 B N K "Y1 sl ol s i iuaalilela B o 31 Massive Volumes ORDER BRITANNICA now, beforo It {8 too late! the mistakes of 1902, but it will ¢ in 1903 This great standard Encyclopaedia—the undoubted the epitome of human research and wisdom—is a factor for success which you cannot afford to meglect Afe you a carpenter? A mason? doctor? A merchant? A student BRITANNICA stands ready to further your interests in the new year It may not atone fot tainly help you to avold the blunders king of fts tribe"'— An electrician? A lawyer? 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