Omaha Daily Bee Newspaper, January 24, 1903, Page 8

8 THE OMAHA DAILY BEE: SATURDAY, JANUARY 24, 1903. NEWS O COUNCIL F BLUFFS. ! | | —— MINOR MENTION. Davig se.ls drugs. For rent, médern house, 719 Sixth avenue, Expert watch repairing, Leffert, 400 By, Mr. and Mrs, P. C. DeVol have gone fo | Los Angeles, Cal, for @ short visit i Reduction «ale on framed and unframed | plctur.s. C. K. Alexander & Co., 33 Bway. | Wanted, at once, boy with pony to carry Bee route. Apply at the omtice, 10 Pearl street We are ers for giass of all kinds, Sece us b you buy. C. B. Phlut, Ofl and Glies company. | The Delong Industrial school will meet | this afternoon at 2:30 o'clock in the misslon | Ball on East Broidway Mrs, William H. Schmoller is home from | Buffalo, N. Y., where she was called by | the doath of her father | Bt. Alban's lodge, Knlghts of Pythias, ‘will hold a special me this evening for work In the second and third ranks, A marriage license tssued late Thurs- day evening to J X hy Blollle Harris, aged 3, both of Weston, Mo. The ceremony was pirformed by Rev. W B. Crewdson of the First Christlan church. Ross Henry. the G-months-old son of Mr. and Mrs, Wiillam McKeown, died Thursday night. The funeral will be held th ing at 11 o'clock from the family near Reels and burial will be in the Grange | eemetery. | Charles Gum, 1624 Avenue C, dled yestor- day from tubercolosis, aged 28 years. The funeral will be held Bunday afternoon at 2 o'clock from the residence and interment will be In Walnut Hill cemetery. Deceased was single. John Wheeler, son of Mr. and Mrs, George R. Wheeler, Is much annoyed at being%mis. taken for the John W' ler who was ar- rested by the police Thursday for being drunk. The man arrested s a stranger in Council Bluffs, ‘Willlam Matson, indicted for the theft of an overcoat belonging to Floyd Lowrey from a Broadway restaurant, entered a lea of guiity before Judge Thornell in the istrict court yesterday and was sentenced to sixty Jays in the county jail A brown mare hitched 1o a top buggy which had heen left standing all Wednee- day night on First avenue and Pearl street was taken in charge by the police early Thursday morning. Up to lust night the owner had not shown up to claim it. Jullan Gladwin, aged 6 years, dled yester- day In St Joseph's hospital, Omaha, from dropsy. The remains were brought to_the residence of his daughter, Mrs. l. Neu- mann, 2110 South Ninth street, this city, from where the funeral will be h Sun- day. Interment will be in the Keg Creek cemetery. Deceased, who was a veteran of the civil war, .eaves two daughters and five sons. The fire department was called to the Ogden hotel, where a window on the fourth floor had stddenly burst out in flames in & most mysterious muanner. The *casing was burned away and the glass fell out into the street below. The flames were extin- uished before they could spread further. here was no apparen* cause for the wood- work of the window catching fire, there belng no electric wire near it nor any gas Jet. Trades a The Trades and Labor assembly elected these officers last night at its anoual meet- ing: President, James A. Raabe, Cigar- makers unjon; vice president, Jehn Smith, Carpenters’ union; recording secretary, Frank Marlowe, Carpenters’ union; finan- clal secretary, Willlam Seymour, Typo- | graphical union; sergeant-at-arms, Jamcs Matthai, federal labor union; truste w. H. Wallgce, Shoemakers’ union; J. Rink, Painters’ and Decorators’ union; C. T. Fauble, Bricklaye: union. Representative from Trades and Labor assembly on direc- tory of Commercial club, E. B. Gardiner, ‘Typographical union. The matter of the several unions being represented on the board of directors of the Commercial club was left to the unions themselves to decide. It was decided to have a business agent and be will be elected by a committee con- sisting of a representative from each unfon. Labor Assembly Election. Matters in District Court. The district court jury in the personal injury damage suit of Henry Lock against the city of Council Bluffs, which wgnt out at noon Thursday, having failed to'reach & verdict at 9 o'clock last night, was al- Towed by Judge Thornell to go to bed in charge of the bailiff. It was sald that the Jury stood 8 to 4 In favor of the city. During the trial yesterday of Wayne Shoup and Lewis Seldon, the rallroad barber and porter charged with the theft of a marked $10 bill from J. C. Fleming, & railroad detective, the state succeeded in introducing testimony to show that the detendants had heen arrested in San Fran- clsco on a similar charge, but had been acquitted. The case Is expected to go to the jury today. Signs Library Ord The first officlal act of Mayor Dell G.!| Morgan_on his return yesterday from his | trip to Oregon was to attach his signature | to the ordinance obligating the city to levy not less than §7,000 annually for the | maintenance of the free prbilc library to meet the conditions on wbich Andrew Car- | negle offered to donate §70,000 for @ library | building. A certified copy of the ordinance | was forwarded to Mr. Carnegle’s private seeretary last evening by Trustee Baird. As soon as it is known that Mr. Carnegle approves of the ordinance as meeting his conditions, the library board expects to | select a site for the bullding and then the next step will be the drgwiug of plans, which, it is understood, mist also be sub- mitted to Mr. Carnegle for his approval. Real Estate Transfer These transfers were flled yesterday in the abstract, title and loan office of J. W. Squire, 101 Pearl street ¥, H. Schultz, guardian, to Magdalena Kundel, undivé-15 lot block 1 Minden, g d s 2 Charles Billo and wife to Peter H. Hansen, n% lot 2, Avoca Land and Loan company’s subdiv., w. d........ Fred Holst and wife to ired R. Hebensee, nwi 2-T4-42 and st swiy B6-75-42, W ... . Willlam' L. Jones and wife to C. 8. Hour and M. T. Weston, 6 acres in the northwest corner of & 1-T7-4, D, H. Bmery to Cedar Raplds Loan and Trust company, as receiver, lot 2, block A, Riddle's subdiv., q. ¢. d. A.'B. Walker and wife to A. Hooge- and e% lot 8, block 16, John Carlson to Oscar Car! un- divig nel sl nwig 2-71-42,'w. d. Jens Christian Anderson and Nels Peter Andersen and wives to The Andersen company, lot § in original plat lot 18 and other property, w. d. Eight transfers, total NEW THEATER— * "™ You see the searchlight——there's a show SUNDAY—Prices, 23, S0c, TSe. KATE _CLAXTON “The Two Orphans.’ NEW THEATER|* *You See the Searchiight There's a Show. SATURDAY, JANUARY, 2, B. BEALL, Manager, The E. V. 0. Comedy Co HIGH CLASS VAUDEVILLE ~ T PRICES— Matinee, 10-%c. Night, 10-20-30c. | Izempkiss is the proprietor of a saloon ou | hind BOOM COMYERCIAL - CLUB Number of New Names Already Added to Those Who Bigzed First Night HUSTLING COMMITTEE | { | IS ORGANIZED City in Divided Off and Por signed for Eaeh Division Thorough Canvass is to Ve Made. The hustling committee to secure mem- bers for the Commercial club has already added a number of names to the list amd will commeace an active campalgn Monday. At a meeting of the committee yesterday in Chairman Treynor's office it was de- cided to increase the committee by adding Louls Zurmueblen, jr., Alderman C. H. Huber, F. B. Liggett, A. A. Clark and H. I Forsyth. The committee as originally appointed consisted of Dr. V. L. Treynor, C. A. Beno, B, M. Sargent, Lewls Hammer and Howard Culver. In order to facilitate the work and pre- vent as far as possible any prospective member being overlogked in the campaign the committee decided to divide the city tnto three districts as follows: First District—Broadway from east city Iimits west to Main street, including North Main street, Lewis Hammer and Alderman Huber. Second District—Broadway west of Main street and all territory north of Broadwa: Howard Culver, Louls Zurmuehlen, jr., and F. B. Liggett. I Third District—Main and Pearl streets | and all territory south of Broadway, Dr. | V. L. Treynor, C. A. Beno, B. M. Sargent, A. A. Clark and H. 1. Forsyth. Unfon labor s to be represented in the directorate of the club if the members nr|‘ the unions so desire. The committee ye terday notified the Trades and Labor coun- | cil that a representative from each union would be given a place on the board of directors provided the union would arrange to pay the dues and entrance fee of such representative. At the mass meeting Wed- nesday night it was decided that the fifty members forming the board of directors | would be required to pay $25 In addition to the regular entrarce fee of $5 and $12 an- nual dues. Plumbing and heating. Bixby & Son. COLLECT TOO MUCH PENALTY Judge Thornell Decides None Accrues After Tax is Four Years of Age. Judge Thormell of the district court yesterday handed down a decision in which he holds that no interest or penalties can be collected on taxes which have remained delinquent and unpald four years or more from the last day of December of the year in which the tax books containing them were first placed in the hands of the county treasurer. The ruling is of considerable importance, as the county treasurer has been in the habit of collecting the penalty ven after the four-year limit had ex- pired. Judge Thornell's ruling was handed down in the suit of Finley McBeth against Wil- llam Arnd, county treasurer, and Sheriff L. B. Cousins. The treasurer caused the sherift to levy on property belonging to McBeth to satisty the county's claim for taxes for the years 1889, 1890 and 1895, to- gether with the penalties. McBeth, through his attorney, made a tender in court of the amount of the taxes, but refused to pay the penalties demanded and asked that the| treasurer and sherlff be restrained from selling the property levied upon. Taxes become due the first Monday in| January, delinquent on March 1, and the | penaity of 1 per cent per month attaches . atter April 1 until pald or until the prop- | erty is sold at tax The code, how- ever, further provides that the penalty of 1| per cent per month is not collectable after the tax has remained unpaid four years. | This provision, Judge Thornell stated, was | evidently incorporated in the tax laws for the purpose of reminding county treasurers that it was their duty to enforce the ccllec- tion of taxes within a reasonable time. This part of the law, County Treasurer Arnd says, has never been observed and | the penalty has always been demanded in ' cases where the tax remained unpaid for | four years or more. He says the same | practice prevails in other counties. Judge Thornell's ruling will affect many | claims for delinquent taxes and it is pos- | sible that many persons who have been compelled to pay the penalty on taxes com- ! ing within the ruling of Judge Thornell, will institute sult to recover the interest | and penalties. Gravel roofing. A. H. Read, 126 Main St. KEMPKISS MEETS HOLDUP MEN' They Fire Two Shots at Him, but Fail| to Hit Their Vietim or Get His Money. Two men made an unsuccessful attempt to hold up Mike Kempkiss last night. Main street and was returning home at a late hour with the day's receipts on his person. When at the corner of Bluff and Fourth streets two men stepped from be- a tree and, presenting revolvers commanded Kempkiss to put up his hands. Instead of putting up his hands he put, bis legs in motion and was making good | | progress on the back track when both of | | the holdup ten fired at him, but their aim was poor and the only effect was tc ae- | celerate his pace. A ehort distance down the strect Kemp- kiss met a policeman, who was hurrylng | toward the direction from which the shots came. The two immediately returned and gave chase to the, robbers. They caught sight of the holdup men, who were losing | no time getting away in the direction of | Fatrmont park, in which place the officer | and Kempkiss lost track of them, Another Heat Stove Free. The first heating ‘stove given by William Welch to his coal customers was awarded to the Christian home. Another bas been put up on the same plan, and during the pext thirty days will be given away free to one of his customers. Before ordering your coal call at 18 Nerth Main street or phone 128. Sunday School The Seventeenth dlstrict of the lowa ! Sunday Bebool association held a Sabbath | school institute at the Wirst Christian church yesterday. The sessions, of which " there were three, lasted the entire mvention. LEWIS CUTLER MORTICIAN oll Blufts. 'hone 91 Rev. 8. Alexander, district chairman, ore- sided. The principal addresses were made by Mrs, B. F. Michell of Des Moines, secre- tary of the lowa State Sabbath Schoel as- | i | the | Nebraska INTEREST FROM soclation; Rev. A. K. Slothower, pastor of Methodist church of Shelby, Ia. and G. G. Wallace of Omaha, chairman of the state executive committee, The Seventeenth district comprises the counties of Pottawattamie, Cass, Shelby and Harrison and a large number of the leading Sunday school workers iu the churches in these counties were present. The sessions were of an educational character and the addresses discussed the best methods for conducting Sunday sehools and Bible study, N. Y. Plumbing Co., Tel. 250. Night, Fé67. Arrest Detective for Assnulf. J. C. Fleming, the railroad detective who is here as prosecuting witness for the state in the ease against Wayne Shoup and Louls Seldon in the district tourt, was arrosted yesterday on a warrant lssued from the court of Justice Ouren. An in- formation charginz Fleming with assault and battery on a boy, Barton Brooke, dur- ing the Elks' street fafr in“this city last September, had been filed by L. E. Ryan. Fleming, while here last September at- tending the preliminary hearing of Shoup and Seldon, noticed a youth in the act of pleking pockets in the street fair. He tried to catch the young fellow and in the mix- up that followed was struck and knocked down by Ryan. Fleming: grappled with Ryan and turned him over to the police. The warrant was served on Fleming just a8 he had concluded his testimony in the district court room. At the hearing in the afternoon before Justice Ouren,'Flem- ing was at once discharged, there being no evidence to show thet he had struck young Brooke. The hoy himselt testified that Fleming bad simply caught him by the arm. At the same time Detective Flem- ing testified that young Brooke, who is a son of ‘most, respectable parents, was in no way connected with'the young lad whom he noticed atempting to pick pockets. FAINTING BERTHA IN TROUBLE Tries to Exchauge Bogus Stories for Genuine Diamonds In Sioux City. SIOUX CITY, Ta., Jan, 23.—(Special Tele- gram.)—Bertha Libbecke, alias Mrs. J. Upton, allas Nellie Bernhard, alias “Faint- ing Bertha,” of Omaha, and who has given the police of the country no end of trouble, was arrested here today while attempting to work a big. Jiamond robbery. Her scheme was to purchase rings at the Bar- rios diamond etore, which she would deftly .exchange for genuine stones at the dif- ferent jewelry establishments of the city while pretending to examine goods. She was captured at the Fleckenstein establish- jment. BOYS SCARE BANK ROBBERS Depart so Hastily that They Lea: Explosives Behind Them in Bu FORT DODGE, Ia, Jan. 23—(Special Telegram.)—A daring attempt to crack the ' safe of the Bank of Vincent early this morning was thwarted by the appearance on the scene of three boys returning from & party. The robbers fled, leaving a can of dyna- mite and a bottle of nitrogiycerine be- hind them. One of the doors was blown off and another had almost given way. The safe contained $2,400. Sheriff Olsen is taking active measures to apprehend the robbers. Grand Jury Fal| CEDAR FALLS, Ia., Jan. 23. —The grand jury adjourned without in- dicting the parties charged with the two most serious crimes on the criminal cal- endar for the year, that of attempted murs der and the theft of $165 In cash. Miss Mary Cummings, although she had planted a bullet in the breast of ohe Fred Wheaton, was discharged. She. claimed at the time to have fired the shot in protection of her honor. - Wheeler was given up to die, but is recovering and requests that the case against the woman be droppec. He was a boarder at the Cummings home. Miss Lizzie Young, employed at the Irving hotel, tole $165 from an employe and confessed o it. EWldence was given the geand jury showing that a woman of Hampton had 3 peculiar hypnotic power over her and at the bidding of the woman the money was stolen. She was released. The money was recovered. Telephone Companies Consolidnte. WATERLOO, Ia., Jan. 23.—(Special Tele- gram.)—The Commonwealth Telephone company of Chicago today closed a deal purchasing six independent companies In this section, Including the Cedar Valley company, County Telegraph and Teleptone company, Waverly Telephone company, Hardin County Telephone company, Park- ersburg Telephone company, Laporte City Telephone company. Automatic exchanges wiil be installed. The company is Incor- porated for $900,000. Ends Earthly Troubles. WATERLOO, I gram.)—Despondent because of being out of employment and money Charles H. Byers of lowa City took poison at the Tremont hotel. He was 60 years old and a veteran of the civil war. EARTH QUAKES IN THE SOUTH arolina and Georgla Are Hoth Vis- ited by turbances. Selsmic Dis- COLUMBIA, 8, C./Jan. 23.—A decided earthquake shock was felt in this eity at 16 tonight. SAVANNAH, Ga., Jan. and almost immediately successiye shocks of earthquake were felt here tonight at 8:15. there were perceptibly shaken. elal B Within Two or Three Months. NEW YORK, Jan bere today. be ready for commercial use within or three months at least 23.—Marconi arrived Wednesday. seton Wants Electric SIOUX FALLS, 8. D., Jan. 23.—(Special —Efforts are being made to Induce some capitalist to establish ap electric ighting system at Sisseton. Such an improvement Is badly needed and it {s said on good author- ity that the right kind of a man will be given | ample encouragement. It 18 very much de- | sired that the handsome new court house bullding and the pew opera house should be lighted by electricity. The steeets Also need to be lighted, and in additlon prac- tically every business man would, it is believed, substitu.e eleetricity for the pres- ent methods of lighting thelr places of | business. I , Jan. 23.—(Special Tele- Reports from Tyge island say houses AERIAL MESSAGES THIS YEAR Marconi Expects to Open for Commers He sald that his system would | two Marconi expects to sall for Europe on IOWA. ATTORNEYS BUNGLE CASES Two Decisions Affirmed Because Lawyers Make a Mess of it Trying Them. CONVICTED MURDERER WANTS REHEARING | Reports of Fire Insurance Companies | Show They Did n Prowperous Business During the Past Yenr, | (Froma 8taff Correspondent.) DES MOINES, state supreme tourt today afrmed solely on the ground that the attorneys who bad handled the cases did not know what they were doing, and the legal ques- tions were not properly placed before tho court for its determination. One of them was a case involving“the constitutionality of a law of great Importance in every coal mining district of the state and was in- tended to be a test cose. This was the case of Buchanan agaiust the Blackhawk Coal Works and three similar cases, all ,from Wapello county. 'the plaintif has secured a judgment in the district court for the amount of certaln wages proved to be due him and unpaid, and, in addition, in | accordance with the Jowa laws, had secured a judgment for attorney's fees and for §1 a day penalty after the debts had been due and unpald. The coal companies the case on the ground that the law pro- viding for this special penalty is unconsti- tutional and contrary to the spirit of all our laws. But after the demurrer had been overruled in the lower court the attorney for the company had answered and had gone to trial on the case, afterward com- ing to the court with questions raised on | the demurrer. The court refuses to con- {sider the appeal in this form. It will be brought to the court in some other case at an early date. In the case of Grapes against City of Sheldon the court virtually refuses to consider the case because the | attorney for the city had taken an ordinary | sidewalk injury case and had presented 200 | objections to the way it was tried and had | argued all of them, but not one with suffi- cient definiteness to warrant consideration of the case. Appeal in Murder Case. Wopdson Reagan has filed a transcript of the record 'in a murder trial against him from Appancose county and he will have a hearing in the court. Reagan was inti- | mate with one Ella Clark and last Septem- ber at the town of Diamond he shot and killed her. At first he made known her death and announced that she had com- mitted suicidd, but later, while in jail, | claimed that while he had shot her, he did it accidentally and that he fired over her head with no intention of killing her, but his aim was poor and he shot her. He was indicted and convicted. His defense is that it wa accident. C..G. on has appealed from Linn county on conviction for robbery. He had brutally assaulted Thomas Malone in a treight car on the Milwaukee raflroad and afterward robbed him of $75. The two were beating thelr way on a train. He was sentenced to two years in prison for his part in the tragedy. Court’s Decl N The supreme court today rendered the following decisions: f Willlam Buchanan against Blackhawk coa’ works, appellant, Wapello _county, Judge Sloan; affirmed, opinion by Bishop. Estate of Julla A. Walker against Story county and J. Q. Braden, euditor, appel- lants: affirmed, by the court, Winnebago County State bank against O. P. Hustel, appellant, Winnebago county, Judge Smith; promissory note; affirmed, by Lydla E. Barringer against F. E. Ryder, appellant, Palo Alto county, Judge Baille: action to set aside a deed; affirmed, by Sherwin. Elizabéth Grdpes against City of Sheldon, appellant, O'Brien county, Judge Hutchin® son; damages for defective sidewalk; af- firmed, by McCain. Martha J. Bemis, appellant, against P. Plato, Woodbury county, Judge Gaynor: suit-fo set aside tax deed: partly reversed and partly aMirmed, by Deemer. 8. B. Kennedy against Citizens Natlonal bank of Knoxville, appellant,Marlon county, Judge Gamble; dismissed, by Weaver. Insurance Business Greater. Reports from the insurance companies on the business done last year, on which their taxes for the year are based ‘and are pay- able directly to the state, indicate that in Jowa the fire Insurance business was far better than ever before. The rates In nearly every city of the state were ralsed last year by the insurance combine and the increased rates enjorced without any great loss of business. At the same time the fire losses in most of the larger cities were emaller than usual. The reports will show that the business was decidedly | profitable in the state. It is understood | that a determined effort will be made by | the companies to secure further modifica- | tion of the laws in their interest, but in | view of the excellent business year just had | this may not be accomplished at the mext | session of the legislature | State Accounts Correct. The investigation =t tLe accounts of state offictals and state institutions for the year 1901 and for a part of last year has just | been completed. The last office to be ex- | amined was that of the Board of Control, | which bas all the state institutions under its charge and handles more business than ABSOLUTE SECURITY. Carter’s Litt!s Liver Pills. y | fought | | Jenks resorted to the use of his ax and ! what hgd evidently been a desperate strug- all the other state offices fogether. This office was not examined at the time of the others, for the reason that its year emds on July\1 each year. Expert sccountants have just completed the examination which makes an examination on every offic in the state, and it is found that the books are In perfect condition and the accounts kept In the best possible manner. When the state officcs were cxamined a year ago much was found to criticise, but at the last examination nothing was found which was worthy of ecriticism. Pattee May Not Live. Perry, where Harry in a dying condition Information from Pattee lies almost 1s not | bers whom he discovered, is that he { st in a critical condition and may | recover. It has been ‘to do anything in the way of finding tte bullet which went through his lungs. No probing can be done for some thme even if he should recover. The coaviction is now ! preValent that while Stephen Crandle, who found, but his absence has been accounted | for. The peace officers have taken charge | of Crandle’s property, and found that Lis horses were so near staryed o death that | two of them had to be shot out of merey. General Weaver for Governor. Announcement is made at Newton that date for the democrati® nomination governor of lowa. A previous announce- ment that Judge A. Van Wagenen of Sioux City might be a candidate started the movement for Weaver. Van Wagenen pro- poses making the race on a platform de- | manding the public ownership of railroads and similar radical action. General Weaver and his friends adhere to the free silver {ssue as the main one and will make the | fight for that in the state convention. | Weaver is living quietly at Colfax, where | he is mayor of the town. He has been a delegate to several democratic state con- ventions and now counts himself a full- fledged democrat, but in the state con- vention last year was turned down. Guard Examinations. General Prime, inspector general of tho state guard, and Major Hume, assistant in- | spector, have been In the southern part of the state all week making inspections of the guard companies. The inspections will contifiue until all are done and it is ex- | pected they will be much sooner this year than usual. The articles of incorporation of the Glad- win State Lank, capital $10,000, have been flled with the secreary of state; also the Fox Security company of Muscatine, cap- ital $45,000. GO INTO INSURANCE BUSINESS South Dakota Retallers Decide to arry Their Own Risks in Future, SIOUX FALLS, S. D. Jan. 23.—(Special Telegram.)—The sixth annual convention of the Retall Merchants' association of South Dakota came to an end here today, after a sesplon lasting four days. The conven- tion was the most successful in the hi tory of the association, both in attendance and in the interest manifested. o In accordance with a resolution adopted before the association adjourned a com- mittee was appojnted to formulate plans for the organization of a merchants’ mu- tual fire insurance company. The commit- tee consists of the following well known South Dakotans: T. W. Dwight, Sioux Falls; A. D. Bartou, Plankington; B. F. Gross, Gettysburg; J. W. Turner, Spring- fleld; E. L. Larson, Viborg; A. 0. Ring: rud, Elkpoint, and P. F. Wicken, Alex- andria. The committee held its first meet- ing this atternoon for the purpose of miak- ing preliminary arrangements for the in- corporation and organization of the new insurance company. Deer Locked in Death Struggle. HOT SPRINGS, §. D., Jan. 23.—(Special.) —Willlam Jenks, who lives near Custer, while returning from the timber with a load of wood recently, discovered a large buck deer which seemed to have a weight at- tached to its head. Stopping his team and making a careful investigation, he found { that the burden was another fellow crea- ture which had perished in a fight to the death, and that his antagonist had been unable to extricate himself from the other's death embrace. * Not having a gun, Mr. { easily captured and killed the survivor of thus far impossible | General James B. Weaver will be a candi- | for | COAL MEN COME TO TRIAL Ohicago Dealers Answer to Obarge of Oon- piring to Injure Publio Trade. FIRST ASK COURT TO QUASH INDICTMENTS Parties Agree as to Facts, Wh Puts Cases Back, Prom- ng to Name Day for Argument, Judge 1 on account of the wound received from rob- | CHICAGO, Jan. 23.—The fight of the in- dicted coal men to clear themselves of “‘conspiracy to do an illegal act injurious | to publie trade” began before Judge Hor- | ton late today, when the case against the Northern Illinols Soft Coal Dealers asso- clation was ealled for preliminary hearing. | Motion to quash in behalf of each of Jan. 2:{75pl‘r|l|v)‘1‘h(“|l in jail accused of the csime, was one the eighteen cerporations composing the two [ of the men, the other is not known. Mc- :nnnclnunn were quickly cases appealed to the higher court almost | Farland, who was suspected, has not been | Dleas of mot gullty entered. overruled and A stipulation ©f facts was then presented, which had been agreed to by all parties to the suit and it was announced that a date for the argu- ments and the fillng of briefs would be fixed ecarly next week. At the request of State's Attorney De- neen the case against the Braceville Coal | company was dismissed. State’s Attorney Denmeen expects that all | the cases against the Bogle-Indiana deal- {ers and the Retall Coal Dealers' assocla tion will be disposed of this month and carried to the supreme court during Feb- ruary. {RACE TO RUN FIRST TRAIN *Frisco and Fort Smith Would Esch Be Earliest Road in Guthrie, GUTHRIE, Okl, Jan. 23.—The Fort Smith & Western and the Denver, Enid & Gulf, a 'Frisco extension, are racing for the honor of running the first train into this city. Both companies have extensive grading | forces within the city limita completing their end of the line. The former road comes from Fort Smith, Ark., over 200 miles, and the 'Frisco from Enid, ffty miles. DRIVING SNOW IN KANSAS Storm Prevails Over Central Part of State and Extends Into : Missourd. KANSAS CITY, Jan, 23.—A drlving snow- storm prevails in central Kansas today and light snow is falling in other parts of the state as well-as in western Missouri. No delay to tralns has yet been reported. TOPEKA, Kan., Jan. 23.—Today's snow- storm was general all over Kansas. About three inches fell. No severe cold accom- panied the snow, but the weather is grow- | ing colder tonight. | MONTANA CATTLE LACK GRASS Snow Orusts on Range and Live GREAT FALLS, Mont., Jan. 23.—The range in the northern part of the state is reported in bad gondition. Cattle are dyfi for lack of grass. The snow has crust and the cattle are unable to do any pick- ing. . Unless a thaw: comes at once there will be great loss within the next lew days. DEATH RECORD. Mrs, E. Reed. BLAIR, Neb., Jan. 23.—(Spectal.)—Mrs. Reed, nee Elma Wishart, wife ot BE. M. Reed, manager of the telephone exchange at Miseourl Valley, Ia., died yesterday at 1 o'clock at the home of Dr. Mortlock in this city of tuberculosis of the bowels. Mrs. Reed came here two months ago for treatment and was operated on last Tues- day, after which she eank rapidly, being too weak to survive the shock. She grew to womanhood in Blair, was 32 years old and leaves a husband, one daughter, her parents, Mr. and Mrs. J. P. Wishart, and two sisters, Mrs. Annle Beard and Mrs. A. J. Taylor of this city. The funeral sorvices will be held on Saturday morning at 10 o'clock from the home of her parents. Wesley, H. Chamberlin. gle for supremacy. Upon examination it was found that the antlers of the two ani- | mals were fnterlocked and held as firmly | as If they had been bound tggether with | thongs cut from their own hides. Form Mutual Insurance Company. | SIOUX FALLS, 8. D., Jan. 23.—(Speelal Telegram.)—The insurance committee ap- pointed by the sixth annual convention of the Retall Merchants' Assocfation of South Dakota, now in session here, unanimously reported in favor of the organization of a merchants’ mutual fire insurance company. In about twenty minutes about $100,000 of insurance was pledged by such members as happened to be on the convention floor. The following officers of the associatton were elected for the ensuing year: Presi- déent, H. F. Wickhem, Alexandria; secre- tary. E. J. Mannix, Sioux Falls; treasurer, W. J. Andrews, Sioux Falls. Five vice presidents and seven directors were also elected. No Trouble of the River. SIOUX FALLS, 8. D., Jan. 23.—(Special.) —Reports which reach here in reference to the condition of cattle in Charles Mix county and adjoining territory on the east side of the Missouri river are most en- couraging. There is little talk in that part of the state of cattlemen losing cattle by starvation on account of the deep snow. Every stockman in that locality has his yards full of hay and other feed. During the recent storms cattle were taken care of in the sheds provided by the stockmen for just such emerdencles. With a few more days of favorable weather the ani- mals will again be turned into winter pas ture. Enjoins Water Works Bonds. SIOUX FALLS, 8. D. Jan. 23.—(Speclal Telegram.)—R, J. Wells, & local attorney, has secured an order restralning the city | of Sloux Falls from selling bonds in the | sum of $50,000 for the commencement of work on a municipal water works plant. { The restraining order was based ou the ground that the indebtedness of the city now exceeds the constitutional lmit. The case will be immediately taken up before the state supreme court and on its de- cision will depend the right of the city to construct a municipal water works sys- tem. | paralysis. FAIRBURY, Neb., Jan. 23.—(Special.)— Wesley H. Chamberlin dled Tuesday at | | & pain in the reglon of my spine. “UNFIT FOR WORK” The: Doctor's Verdict and How Mr Graham Disregarded It, “The doctor sald I was not fit tor work and that if I wanted to live 1| would have to give up business,” said F. J. Graham of No. 125 Jefterson street, Peoria, Ik “And 1 was incapacitated,” he continued. “It was a kind or incipient paralysis and it i¢ due to Dr. Willlams' Pink Pills for Pale People that I am now in perfect health again. First T vould be hot, then cold and clammy and at times my body felt as 1t plerced by needles. There were horrible paine all over me and then I would have no feeling at all. A numbness some- times came over me and I could mot move With it all were agonizing, headaches and 1 look back on it now and wonder how I retained my ‘reason through that long and trylng ordeal. There wéte months and months when 1 got no natural slecp and my nerv- system was a wreck from pain and the opiates which I had been obliged to take. One day T read the statement of a man who had been cured of a case like mine by Dr. Williams' Pink Pills for Pale People and 1 began taking them. The first box a1d so well that I continued until six boxes were taken and I was ontirely well. That was about seven years ago and I have\been In perfect health ever since.” Dr. Willlamg' Pink Pills for Pale People contain, in a condensed form, all the e ments necessary to give new life and riche mess to the blood and restore shattered nerves. They are an unfailing specific for such diseases as locomotor ataxia, partial paralysis, St. Vitus' dance, sciatica, neu- ralgia, rheumatism, nervous headache, the after-effects of the grip, palpitation of tho heart, pale and sallow complexion and all forms of weakness either in male or fe- male. Dr. Willlams' Pink Pills for Pale People are sold by’ all dealers, or will be sent postpald on receipt of price, fifty cents a box, or six boxes for two dollars and Afty cents (they are never sold in bulk or by the hundred) by addressing Dr. Willlams Medicine Company, Schenec X Free! A $2.50 Treatment. A Bona Fide Offer by a Wealthy and Successful Physiclan to Prove the Efficacy of His New Treatments. During the last few years, fmprovement has been -made in treating disease. Cases formerly considered fin- curable, now yleld readily to new rem- edies. The wealthy specialist, Franklin Miles, M. D. LL. B., founder of the Grand Dispensary and Sanitarium of Chicago and Blkhart, will give away $10,000 worth of his new Individual Treatments. This liberal offer is for the purpose of demonstrating thelr unusual curative powers. They are the result of twenty- five years of careful study, extensive re- search and remarkable success in treating diseases of the heart, stomach, liver, kid- neys and nerves which complicate each case. They are prepared expressly for each patient, as the result is much more cer- tain. Bach free treatment consists of a curative elixir, tonic tabloids, eliminating pills and usually a compound hyoscyamic plaster, together with a diagnostic chart and valuable personal advice. Extensive statistics clearly demonstrate.. that. Pr, Miles' Treatments are at least threo times a8 successful as those usually employed. Few physicians have such confidence in their remedies; and there is no reason why every afflicted person should not avail himself of this liberal offer. Thousands dle unnecessarily each year because phy- siclans do not understand such diseases. A thousand testimonlals from Bishops, Clergymen, Bankers, Farmers, etc., sent free on request. These include many who were cured after from five to twenty physiclans failed. Send at once to Dr. Franklin Miles, 208 to 209 State St. Chicago, IIL, for $2.50 free treatment before it is too late. Mention Omaha Bee. in all DISEASES and DISORDERS of MEN. 12 years of suce censful practice im Omana, very great his home in Meridian precinct, aged 7/ years, after ten months' {llne: He settled in 1869 in this county, where he has filled the office of county’ surveyor and county superintendent of pub- | lic instruction. He was a civil enginger | und during the bullding of the Boston & Maine rallway was superintendent of con- struction, after serving in fthe same ca pacity on the Zanesville & Ohlo rallway. In the early '50s he was engaged in the M. & M. railway, from Muscatine, Ia., west. Three sons survive him, Victor. who lives on the old homestead, Mark, of Cody, Wyo., | and Altia, mail agent on the B. & M Colomel Phillin Deltsch, CINCINNATI, Jan. 23.—Colonel Phillip Deitsch, superintendent of police, died to- day. He was born in Bavaria October 7, 1840. When quite young he came to the United States and entered the regular army, serving in Washington territory. | He ro-enlisted when the civil war broke | out in 1861 and served in the army of the | Potomac and at the close of the war en- tered the police force of Cincinnati, where he was almost continuously connected throughout the remainder of his life. ITCHING HUMOURS Complete treatment, consisting of CUTICURA SOAP, to cleanse the skin of crusts and scales, and soften the thickened cuticle, CUTICURA OINT- MENT, to instantly allay itching, irrita- tion, and inflamma- tion, and soothe and beal, and CUTICURA RESOLVENT PILLS, to cool and cleanse the Blopd. A Single National Guard Appointments. PIBRRE, §. D., Jan. 23.—(Special Tele- gram.)—Adjutant General Conklin bas commissioned M. J. MoCashen of Water- town as quartermaster and Willlam A. Hazel of Aberdeen as adjutant of the Sec- ond regiment, state ard. Tell This to Your Wife. Electric Bitters cure female. complaints surely and safely; dispel headaches, back- aches, pervousness or no pay. Gbe, For sale by Kubn & Ca. Set is often sufficient to cure the most torturing, disfiguring skin, scalp and blood ‘humours, eczemas, rashes, itchings, and irritations, with loss of hair, from infancy to age, when all cls¢ fails, Sold tlrougout the warld. GPIUM or LAUDARUK: ORPHINE 55 AUt eured st bome. 130 K. 58480, owlork reports of the good he | FafietE has given | YARIGOGEL! OVEH au. ! CHARGES LOW, E HYDROCELE an Qavs, Without cutting, pain o me Legal guarautes o oure MILIS 5ruisl, bt “hoct* 2 P SYPHILIS st s . completely and forever. No “BREAKING OUT" of the diseass on the skin oF I B0 dangerous drugs or injuri from Excesses or VICTIMS TO NERVOUS DEBILITY OR EX- WASTING WEAKNESS, with EARLY AY 1o YOUNG and MIDDLE AG! ith organs 1mp T You or money refunded. 9CEL cured for lito and ! 4 gth, it Waranteed: STRICTUR om busiriess. <idney and Bladder Troubles, Weak RINARY. §1in7 graturncy of Uriaatiog. nse ‘&b Colored, or with milky vediment o8 standing. Consultation Free. Treaument by Maik Call or esn, 110 8, 14th St OB SEARLES & SEARLES. °=$ cured with & ment. No pa DR McGREW SPECIALIST Treats all forms of BISEASES AND. - DISORDERS OF MEN ONLY 1 Years Exporlence, 17 Years in Omaha. cess ay bri kable sues or besn many flatter- s doing, or the rel equaled and every Hot Springs Treatment for Syphilis And all Blood Polsons. NO “BREAKIN OUT" on the skin or face and all extor slgns of the disease disappear at once. ’Luon NSEls permanently cured - in less than 30 Days. ures guaranteed in LESS THAN 5 DAYS. cases cured of nerve YUY Gus debility, loss of Varaaityy 4ial discharges, .Ulfllulll" i Bladder Disewse QUICK CURES—-LOW CHARGES. Treatment by mall F. O. Box i ver 4o 5. ML wireet, between Farnam IMALLA, Nk, = uklus streets, O Jl ' 8 of life should tuke u dollar hot- ======""" e of Juven Pills. One bottle will tell & story of wmurvelous results and create profound wonder. This medicine hix more rejuvensting. vitaliziog force than has ever been offered. Sent by wall in plain Padkage only on reseipt of thisady. sndsl. /¢ This is 8 worth of medjcine for ong dollar Siade by its tors C. I, Hood Co., pro prietors Hood's Sa aritin uwell. Mass Deputy State Vetsrinarian Food Inspector. 'H, L. RAMACCIOTTI, D. V. S, CITY VETERINARIAN. Dfics and Infirmary, Zth and Mascs Sta Omaha, Neb. Telephonue 5. i ldney and Those suf om wealy neases whiel s pleasures