Omaha Daily Bee Newspaper, March 20, 1903, Page 3

OMAH DAILY ORTON MEMORIAL TABLET! Is to Be Placed on One of the Big Redwood Trees in Santa Orus Park. ARBOR DAY PROCLAMAT! *t Hands De: 10N 1S ISSU[D‘ { keepers trom in the Libel Case From Riverton. | (From a Staff Correspondent.) ! LINCOLN, March 19.—In the rooms of the Nebraska State Historical society at the Btate university the is on exhibition & tablet of white bronze that is to be placed upon one of the big redwood trees in a park at Santa Cruz, Cal., in memory of the late J. Sterling Morton. This tablet is about two feet square and is cast with its inscriptions standing in bold relief so that | they may be read at a considerable dis- tance. On the upper left hand corner are the words, “Plant Truths," and upon the upper right hand corner the words, “Plant | Trees.” Below these words is a design | composed of four oak leaves and an acorn | on & single twig, beneath which is set for the significance of the tablet as follows “In memory of J. Sterling Morton of Ne- braska, father of Arbor day; born April 22, | 1832; died April 27, 1902. By order of | Nebraska State Historical society."” | The tablet was manufactured in Des | Mones at the order of W. W. Cox of Cort- | land, who concelved the idea while touring | California that Mr. Morton should be re- membered as have been many other men of national prominence in the naming of the big trees abounding in the park at Santa Cruz. He asked leave of the park | authorities there to name one of the trees | after Mr. Morton and was assured that dt | would be granted if the proper tablet were | furnished. At the last meeting of the his- | torical soclety a committee, with Mr. Cox as chairman, was appointed to secure the tablet and provide for its inetallation. The | tree picked out to bear the name of Mr. | Morton, und to which this tabiet will be fastened, s about 270 feet high and is be- lieved to antedate the pyramids. There are | others much larger in the park Pending its being sent to California the tablet Is shown at the historical rociety's room beneath the bust of Mr. Morton. Arbor Day Proclamation, Governor Mickey today issued the follow- ing Arbor day proclamation: The recurring spring season is again at hand, bringing with {f that holiday which | is dfstinctively of Nebraska origin aud which has here recelved its most complete recognition. - The observance of nearly all public festi- vals is actuated by motives of sentiment, but Arbor day is commemorated because of | the practical value and utllity of the acts which emanate from it. Through ite ber cent Influence Nebraska's treeless plains | ve been dotted r with beautiful | groves, affording grateful shade during the | summer, protection from the blasts , fuel for home consumption and | which have also had a marked effect in making the climatic conditions more favor- able for agricultural pursuits. The denud-, ing of the natural forests for lumbering purposes has occasioned physical disturb- ances, a study of the effects of which are more ‘or less agitating the eclentific world but it is certain that any resuitant infary | can be neutralized by the systematic cou- servation of remaning forests and the planting of trees in harmony with that | progressive spirit of the times which takes nto consideration the needs of the future a8 well as of the present. By virtue of the authority vested in me by law T o hereby prociaim and designate Wadnesday, April 22, 153, as Arbor day, und 1 earnestly urge every citizen of the state, and especlally the puplls of the public end private schoolt, to observe the day by the genoral planting of trees and the beau- titying of lawns and premises. The occasion is of added Interest this year because of the ince last Arbor day of Hon. J. Hte 7t “Origina tor of “the day’ ¢nd one of Nebraska's most honored eiti- zens. 1 suggest that an extra tree be planted in memory of him who did so much for the state and whose practical ideas concerning forestry are proving of especlal value. Supreme Court Opinions, The Riverton Review will have another chance for its white alley. The supreme court has reversed and remanded for a new trial the case brought against it by 14 Fuller, the town marshal, who was the subject of a terrific roast at the hands of the paper, which is published by Mrs. Amanda B. Willlams and edited by her husband, Parls Willlams. The story is an odd one. Employed in thé office as a compositor was Gold Willlams, a son of the publisher and_editor. He s now a student at the State university. One day in July, 1901, copy was slack and for want of some the young man set up and run in the paper without his parents knowing of it till after it wi printed a scathing attack upon the newly appointed town marshal, whom it did nmot mame. Thie article is reproduced in the supreme court's opinion. Fuller promptly sued for $5,000 dsmages for libel and recovered judgment for $375. Mrs. Williams appealed. Assistant is Liable, For a second time the supreme court holds that the bondsmen of Frank Fiala as assistant cashier of a bank at Milligan, Fillmore county, which was wrecked by the peculations of ita cashier, one Zirhut, are liable for Fiala’s acts in permitiing the cashier to float forged and fictitious notes. The svpreme court decrees in a decision handed down last ovening that the Aetna Life lnsurance company must pay the $1,000 poliey 1t issued upon the life of R. L. Rehlaender. Mrs. Jennie Rehlaender of Lincoln, his widow, is the beneficiary and plaintiff. Her husband had permitted the policy to lapse, but on September 25, 1901, bhad it renewed by filing a statement that be was in good health and not afficted with any dangerous allment. Sustains Convictions. The supreme court sustained the convic- tion in the courts of Colfax county of Wil- | says | application of the Nebraska law of descent | to Indians. ia part | twenty-five years these allotments, and at liam Keopke, who was accused of violat ing a law which prohibited the keeping of & bowling alley in conmection with a sa loon or hotel. The defendant's attorneys attacked the law as an unreasonable restric. | tion upon the freedom of A man to engags | in & business got In itself bad or vicious The court admits there is some force (o the arguments used, but that it was evi- dently not the intent to exclude saloon the privileges of running a bowling alley because of the character o the latter, but to prevent the evils result- | ing from operating one In comnection with a drinking place. What Keopke did was a | criminal offense and he must suffer the consequences. The conviction of Albert MeNutt in Cedar county of robbing the store of Henry L. | Spork and Lloyd K. Spellman of a lot of | jewelry is also affirmed as being justified by the evidence and no error having been committed by the trial court. Technical objections to the information were urged | by McNutt's counsel. Smith Gets New Trial. Raymond Smith was charged in the dis- trict court of Sheridan county, says the su- | preme court, upon an information which is & bad ome, and the case Is reversed. | There were two counts in this information One sought to charge him with burglari- ously entering and breaking into the home of Hanna Swanson with the in‘ent and for the purpose of ravishing her, and the sec- ond charged burglary. The latter was dis- missed, and Smith pleaded guilty to tha first count and was sentenced to a year An arrest In judgment was at once taken and the appeal to the supreme court per- tected. The attorney general did not try to justify the information, which the court as defective in that it did not state what overt acts Smith committed to show his intentions toward the woman. Dectdes Indian A decision of very great importance to the people of Thurston county §s that in the case of Daniel Porter against Ne-da-we Parker, involving the application or non- Case. There are some 1,200 Indian In that county and there are 100 or more vases resting upon the decision in this one The facts and the contentions of both par- tles thereto were stipulated to the court recently, and an early decision asked for, as nany titles depended upon the final de- cree of the courts, The decision is that the law of descent applies to Indians just as well as to white men. It eays “An allottee and patentee of severality pursuant to an act of congress entitled an act of the Omaha reservation to the state of Nebraska, is seired of an equitable estate in fee, which, upon his death, be- fore issuance of the final patent therefor by the United States descends to his heir | lands In or heirs-at-law according to the laws of | . inheritance of this stat Upon one side ot the case was the father of the patentee, on the other his widow and the question was whether or not the nearest kin takes the use and posseesion of the allotment so made free from the dower or other life estate of the widows. Philip Porter, or as he was known in the tribe, Mehaska, took his allotment and patent for & quarter section of land in 1882. The law in force at that time, an act of congress, provided that the United States should. hold in trust for the Indians for a period ot the end of that time to convey it to him or his heirs absolutely. This was done so that the Indians could not at once after receiving the allotment sell It to some white speculator and after living up the proceeds become a dependent upon the government; in other words, the purpose was to encourage industry and thrift among the tribesmen. Porter dled in 1889, leaving & daughter, Tainenga, and a widow, Me-da-we. The daughter afterward died, and the widow has continued in possession of the land. Danfel Porter, his father, lald claim to it on the ground that the inheritable char- acter of the®property became suspended by the fact that the fee title was not in him, but in the government, and would not pass | till the end of the twenty-five-year period. The widow insised that she acquired an interest under the patent, that when her | husband died the daugh’er inierited his rights and estate, which in twn descended to her upon her daughter's death. The court holds with the widow. It s that Porter had an equitable estate, that 1s, one that he could enforce in law, at the end of the twenty-five years, and that his daughter first, then his wife, in- herited this estate, and not his next of kin. The question of dower Is not passed ! upon, as the widow inherited it all through Tainenga, but attorneys say it will follow that & widow of an Indian, as the laws of descent apply equally, will get dower just the same as the relict of a white man. It holds, too, that if this did not apply the father would be in no better position, as, should, he die before the end of the twenty- five year period, assuming his position to be correct, the estate would either go to collateral heirs or escheat to the state. Proceedings of Supreme Court. The following causes were argued and | submittad in the supreme court March 17: First National bank of Edison against Tompkins; Hanson against Hanson: New- man Grove State bank against Linderholm; Gatsmeyer agains: Peterson; Hess against Lell; Crouch against Pyle;' German Na- tional bank of Beatrice against Beatrice Rapid Transit and Power company; Howell against Ross; Strowbridge against Miller; Curtiss against McCune; Bovier against McCarthy; Western Union Telegraph _com- pany against Nye & Schneider; White ainst Whitney; Baker against Gillan; Hackney against’ First National bank of Lincoln; Bchick against Whitcomb; Keith county against Big Spring Land and Cattle company; Rhea against Brown; Story against Gammell; Roblee against Uniol Stock Yards National bank; Adams agains Miller; Linton against Cathers; Emory Hanna; Leisenring against : 8chool District of Omaha against McDonald; Burlington rallroad against G fen; Anderson agalnst Hall; Hunter against Clark against Commerelal National ‘Firs’ Natlonal bank of Holdrege La Don’t Lose Your Grip Gray hairs often stand in the of &vmym and mmhfl‘y‘{ sdvancement nd in bus ness. Many men are failing to secure good positions just hu.;u they Jook * too old,” and no one knows many women have been disappointed in life because ve failed to preserve that attractiveness which ly depends on the HAY’S H LARGE goc. BOTTLES. five s, take it and HAIR=HEALTH D o e Tl T s 2 ‘positively back' gray Aair to its dy®, and its use cannot be detected. ] to any of the following g-:‘nu— T g Hay’s Hair-Health back by addressing Sming Punse Hay St., Newark, N. ve = Aaving Hay's u...Jm.m Pollowing Druggists supply Hay’s Hair-Health and Harfina Soap la their shops oty | EocomEnuAt A mosennnL A " a0 iy MORGAN. DRUG CO.. 16th and Dodge. KUHX & 0 HOWELL DRUG CO.. 16th MEYERS 6 and ard. SARATOGA P b and and Webster, CRISSEY PHAR. Lake' and 3B, —DAVIS. 38 W, Wwar, DRHAVEN, M2 Wwar. | Barge to provide for the aale of | } | against | Brewing comi, againgt Johnson: Ander gon; State ex rel K Knoll against R Keller Ainst company against again® Lincoln The following miscellancous orders were made Schuyler Bullding Hodsdor, t on_againet Ander v against Broatch Haslam_against Davis: Michigan Red Cloud; North rdolph Trust uft and Loan a afirme Germ, a n Nortwich mpany glation n Mutual Insur- v afirmed itz _Rrewing against Sese aMrme.l Garnett against April n Myers; continued to and 19, { against Anderson; continued to May Lea Hillers thor Van [ of death reccived against Bartholomew; submitted appellee to retax costs againgt Yeiser: submitted on mo- appelles to recall man against We »f plaintiff in error d: motion to recali tained; motion to enter judgme firmatce nunc pro tunc as of d was argued and submitted to court, cemt 1902, sustal ranklin against Layporte; sumbitted on motion of defendant in error to vacate sub mission and to allow defendant in_error six days in which to serve and file briefs Franklin against Thackrey; submitted on motion to vacate submission and to allow defindant in error sIx days in which to serve and file briefs Pitman against Humphrey; submitted on motion (o vacate order of continuance made March 3, 1 nd motion to affirm. Reed dgainkt Kinsey: submitted on mo- tion of defendant in error to affirm Linton against Cathers: leave given PIAINtiff in error to supply the record. Bonacum againat Murphy: submitted on motion of appellee to strike briefs of appel- lant and to affirm Hyde against Hartford Fire Insurance company; leave to appellant to supply the record Cutter against Woodard: submitted on motion of appeliee to vacate order of con- tinuance and to submit cause upon merits Murphy against Fidelity Mutual Fire In. surance company on motion of plaintiff in error and stipulation to advance. State ex rel Davis against Board of Com- missioners, Cass county; advanced, with stipulation Chadron Loan and Building assoclation against Hayes: advanced Unfon Pacific railroad against cause advar for hearing Hanson againkt Hanson: leave to have cause stand as on apy leave to defend- ant In error to amend record to conform to facts proven at trial Jester against Curry: leave to defendant in error ile briefs In one week. Abbott against Cam to de- fendant In error to file briefs in one week. Proceedings of March 18: avitt against Bartholomew, motion to costs overrule Hillers against mandate recalled, bill of exceptions red returned to supréme court: Murphy nst Fidelity Mutual Fire Insurance mpany, advanced; Bacon Against Dawes nty, e g denied; pp against Dawes' county, rehearing fenied: Toogood against Russeil, rehearing d South rs, reheacing denfed; ane, rehearing denjed &non, rehearing denied MeNerny against Hubb rehearing al- lowed; Cruzen against Pattle, rehearing ; Fremont Brewing com agalnst rehearing denled: Elder ag ehearing denfed; Royal High rehearing denfed: Nares 10 retax costs over- 1; Schreck against Hanlon, rehear'ng denled; Sons and Daughters of Protection against Underwood, rehearing denfed; Ma- thieson against Omaha Street Rallway com- yany, rehearing allowed; McLean against fcCormick, rehearing ' denied: Langan Langan, rehearing denied; Burke ry, mandate ordered: Schlitz ny against Sesseman, man- date ordered to issue after ten days if no application for rehearing then pending. Opinions filed March 18 Faulkner against Sims; former judgment adhered to except as to Relsenburg; as to him judgment of distriet court reversed and cause remanded for fugther proceed- ings;: Pound, C. National Aid assoclation against Brach- ter; former judgment adhered to; Albert, Peycke agalnst Shinn; reversed; Albert, Vila against Grand isiand E.'L. 1. and C, 8. company; decree of May f, 1901, order of confirmation of June 22, 1901, and order appointing recelver vacated; Lobingler, C. Relachick against Relger; reversed; ' Al- pert, C. Williams against Smith; affirmed; Ames mandate t of to Sprague; Weber, ers against Scovil ainst_Bell, motion against Te Modern Brotherhood affirmed; Kirkpatrick, C. Lydick against Gill affirmed; Barnes, C. Standley against Clay, Robinson & Co. affirmed; Ames, C Willlams against Fuller; bert, C. Strong against Combs; affirmed; Duffie, C. Allen against Cerny; reversed; Ha ings, C Pratt fnst Cumming: reversed; Al- "against Smith; affirmed; Sullivan, A ‘Aetna Wife Insurance company agalnst Rehlaender; affirmed; Barnes, C.; Pound, C., concurring in separate opinion: i*delity and Dep. company against Park- ingon; reversed; Duffle, C. Gehris against Fuhrman; afirmed; Duffie, Fiter against Burch; afirmed; Hastings, c. Mann againet Burklund; afirmed; Kirk- trick, C. PKoepk Sulli- van, C. Fia e, Jahnke against State; affirmed; J against Ainsworth; afrmgd; Pound, Hol- comb, J. Porter against Parker; afirmed: Ames, C. Smith against State; reversed: Holcomb, J. McNutt against State; affirmed; Sed wick, J. *Opinions In the following cases will not be officially reported Van Auken against Mizner; former judg. ment vacated; judgment of district court affirmed; Burnes, C Logan ag: company; former judgment Ames, C. Barnes against Boston Investment com- ny; affirmed; Duffie, C. PN cfirmed; Kirk- patrick, against Leake; Spence against Apley;: affirmed; Pound, C. Chrison against Jordan; affirmed; H ings, C. Nebraska against Corning Guthrie against Guthrie; against State; afrmed; Nebraska Moline Plow adhered to; Loan and Trust company affirmed; Pound, C. Al- bert, C. affirmed; Dawson County Natlonal bank against Oldfather; affirmed; Oldham, C. McCowan against Votaw; affirmed; Ames, ‘Werner against Linsenmeyer; affirmed; irkpatrick, C. Ksrm‘:: ex rel Neeland against Follmer; affirmed; Hastings, C Three Tickets Plattsmouth, PLATTSMOUTH, Neb., March 19.—(Spe- clal Telegram.)—The democratic eity con- vention placed in nomination the follow- Ing city ticket: For Councilmen—First ward, Ed Fitzgerald; Second, Carl Kuns- man; Third, James #Harold; Fourth, Joe Peters; Fitth, John Verndorn. For School Board—V. V. Leonard and L. G. Larsou. | The soclalists named this ticket: For Councllmen—First ward, Homer ‘McKay; Second, Willlam Krohler; Third, Tom Is- | ner; Fourth, Henry Sanders; Fifth, Ole Roman. For School Board—Charles Martin and Henry Madson. As the three tickets | nominated go wet, the temperance people are discussing the advisability of putiing a dry one o the fleld Serious Accident to Hunter. FRANKLIN, Neb, March 19.—(Special Telegram.)—Bert Garrett, a young man 21 years old, met with a very serious acci- dent today which caused him to lose his entire left hand. He was hunting about eight miles north of here, using a muzz loading gun and had loaded it very heavily, using both black and nitro powder mixed, which caused the gun to explode, tearing away his entire hand and a piece of the gun striking him in the face, making an ugly gash on his forehead. He was brought to town and Dr. Feese amputated the At present he is resting easy, but s in a serlous condition Malt of the Money P! BEATRICE, Neb., March 19.—(Special.)— Over §10,000 has been pledged by the citi- zens of Beatrice for the new Young Men's Christian association building, which Is (o cost $20,000 and which will be erected here provided the necessary funds can be se cured. State Secretary Bailey has been in the city the last few days pushing the work. Spring Shower at Beatrice. BEATRICE, Neb., March 19.—(Special. )~ The first spring shower of the season v ited this section last night. The rain which was quite vy accompasied by & strong wind aad vivid lightalag. | | | FIRE SWEEPS WHOLE BLOCK Business Distriot in Springfield Suffers Loss of Nine Buildings. LOSS ESTIMATED AT THIRTY THOUSAND Insarance is Only Une-Third of That Amounn pposition is That the Blaze Was of Incendiary orig SPRINGFIELD, Neb., March 19.—(Spe cial Telegram.)—Fire broke out at 2:30 this morning in the rear of the A. P. Driscoll bowling alley, situated about the middle of the block on the south side of Main street There was a row of five frame buildings on each side and within one hour from the time the first alarm was sounded the entire south side, with the exception of John Munford’s barber shop, was in ashes. The north side of the stréet was only saved by the heroic efforts of the bucket brigade. The heavy rain that set in Idst night at o o'clock and the fact that there was a very light wind s all that saved the entire business portion of the town Estimated loss of bulldings and stock is $30.000 with only $10,000 of {nsurance. L. A Bates is the heaviest loser, his buflding and stock being an entire loss with no in surance The principal losers by this morn- ing’ fire are: V. M. Kreck, general merchandise store and lirge warehouse. L. A. Bates, drugs, $6,000. J. M. Elwell, implements, $5,000. B. F. Johnson, saloon, $1,500. P. R. Smith, saloon, $1,800 W. J. Duve, saloon and meat 600. orge Schuler, saloon, $1,000. C. W. Owens, meat market, $1,500. John Ball, howling alley, $700 Postal Telegraph company, office, $500. Driscoll's bowling alley. Rogers’ restaurant W. J. Blackwell, barber shop. John Munford, barber shop. J. D. Spearman’s bank badly damaged L. Pflug, restaurant, $300 It 1s thought (he fire was incendiary. This ls the first 3re of any importance in the history of the town. The town board was just completing arrangements to sub- mit a proposition to the voters eacly next month to bond the town for the purpose of constructing » system of waterworks. There was a doubt about them carrying before the fire, but now they will go through with a whoop. The insurance companies mostly inter- ested in the losses are the Columbia Fire of Omaha, $6,500; Farmers’ and Merchants’, Lincoln, §2,600; Phoenix, Brook'yn, $1,200, and one or two small policles in mutual companies. The town board is in session tonight and will pass an ordinance forbidding any building to be erected on Main street othe: than brick, stone or iron. The street w be rebullt in accordance with the ordinance as soon as material can be procured. MEET WITH WARM RECEPTION Bride and Groom Sleep in Jall on Account of Fear of Brother of the B market, bullding was FREMONT, Neb., March 19.—(Special.)— Vigo Nelson, an employe of the Bell Tele phone company of thie eity, and Clara Teltge, a i7-year-old girl, ran away to Councll Blufts Monday and were married. The girl's mother, Mrs. F. Teltge, did not succeed In locating the pasr until last even- ing when Sherlfft Baumlan found them at Mre. West's lodging house on Main street and brought them up to his residence, where the bride's mother was. Mrs. Teltge was not in a forgiving mood and she at once started to administer a good dose of cor- poral punishment to her recreant daughter in the same manner she formerly did when Clara was & little girl in short dresses, in the meantime hurling a torrent of mixed German and English epithets at the us- tonished groom. The sheriff finally suc- ceeded in quieting the pair. A little later Felix Teitge, the bride's big brother, found out about her marriage and that knowledge did not put him in the frame of mind that his first name would indlcate. He started on the trail of his new brother-in-law swearing that he would kill him on sight. The groom heard that Felix' was after. him and was almost frightened out of his senses. He went to the jafl door on the run and begged the sheriff to lock him up for safe keeping. Bauman accommodated him and the bride didn’t dare go home and had no other place to stay she went to the jail ton, the newly married pair oc- cupying apartments up stalrs. This morn- ing the groom had come to the conclusion that his life was safe and went to work as usual keeping an eye out for the big brother. Takes His Own Life. BEATRICE, Neb, March 19.—(Spectal Telegram.)—Paul Schindler, a . bachelor about 35 years of age and a resident of Blakeley township, this county, committed sulcide this evening by shooting himself through the breast with a rifie. Schindler was found in bed with the rifie lyin his side. The coroner will investi N The dead man was up before the insanity board several weeks ago, but was dis charged. It is said that Schindler was mixed up In a murder case some time ago and it is thought that this has preyed upon his mind to such an extent that he took his own life. Butler Ed . DAVID CITY, Neb., March 19.—(Special.) —The tenth annual educational convention of Butler county will be held at the David City opera house on Friday and Saturday, March 20 and 2. Several prominent edu- cators are on the program, among them being Rev. F. H. Sanderson, D. D.; Harry Trumbull Sutton, Thomas A. Graham, W. K Fowler, superintendent; and Dr. Frederic C. Eastman. County Superin- tendent Hrushka says this will be the most interesting and profitable convention held in the county for several years. ational Convent! Boy is Problem for Ofcers. HUMBOLDT, Neb., March 19.—(Special.) —Local peace officers have a hard problem to deal with i1 the case of the S-year-old son of Robert Cleary, a laboring man. The boy has for several months been causing complaint from citizens In varlous parts of the city, by stealing chickens and other petty articles and disposing of the same Of late he has devoted most of his time to taking horses from various berne, pick ing up & saddle wherever possible, riding about town as long as he desired and turn- Don’t spoil your silver with poor polish GORHAM SILVER POLISH Contains no acids or injurious ingredients. Cleans as well as polishes. Does not cake All respoasible ferpiauble 25 centa u package [ ing the horse loose to go home. He, how- cver, got into his most serious trouble by stealing & gold watch from the vest of C. C. Stringfleld. Marshal Grinstead went in search of the lad and meeting him on the street found that he had the watch and | compelied him to give 1t up. He was just | returning from a jewelry store, where he |Dad claimed the watch belonged to his father who wished him to sell it for § and have the money ready for him when he returned from the country In the evening up with ises not seem to {and the | advisabinnt | tory. MAN IS RUN DOWN BY A TRAIN | Nothing Found on Which He Tdentified, astonishing frankness and prom to do so any more. His parents have wholly lost control of him authorities are considering of placing him In a reforma His Person e by "o BEATRICE, Neb., March Telogram.) by a southbound train on the Union Pa- cific road near Blue Springs this evening about § o'clock and fnstantly killed. He was walking on the track when the en- gine struck him and as it was very dark at the time it is supposed he failed to seo the approaching train. He was dressed as a laborer and was about 40 years of age His head was badly crushed and his brains were scattered along the track for a con siderable distance. As a flask of whisky was found on his person It is supposed he was under the Influence of liquor. Noth- Ing was found about his person to identify him. The train was an extra, in charge of a Kansas City crew. The coroner wlill hold an inquest tomorrow 19.-~(Special Prohibitionist for Mayor, BEATRICE, Neb, March 19.—(Special Telegram.)—At a largely attended conven- tion of the citizens held here tonight J McCleery, prohibition candidate, was nomi- nated for mayor over Jacob Klein, the can- didate for the high license faction. The remainder of the ticket nominated is as follows: City clerk, Leonidas Pethoud; water commissioner, R. F. Opperly; treas- urer, Androw Andresen; police judge, Al bert Hardy; school board, Mrs. F. C. La- selle, A F. Green, 0. W, Beckwith; coun cllmen, First ward, Charles Greening: Sec ond ward, H. Fishback, F. B. Sheldon; Third ward, Jacob A N. Bowen; Fourth ward, Charles , J. B. Par- ker. FREMONT, Neb., March 19.—(Special.)— “Banty" Burns, who has a good police reputation, was given ninety days in the county jafl this morning by Police Judge Dame and three others of his gang fifty, forty-five and twenty days respectively. On Monday night last the Burns crowd jumped on to Arthur McDonald and Will Mallone near the gorner of Third and C street and gave them a hard beating, knocking Mal- lone senseless. The police did not learn The lad always denies complicity in these | offenses until pinned down and then owns | | the | An unidentified man was struck | - LITHIA edly Tested its Merits in Dr. Roberts Bartholow, /ormer Therapeniscs in_Jeflerson Medical ( matic and Renal Affections.’ Dr. G. A, Foot y of Warventon, obtained from the use of this water own case, and observation of its action BUFFALO LITHIA WATER difficult of treatment. Geo, Halsted Boyland, of the Facwlity of Pavis, says: 4T SPECIFIC IN ALL FORMS OF ALBU. whether acute or chronic, as last week before confinement, the Albumin disappears raj m&lllva guarantee against ances incident to this condition BUFFALO L¥THIA WATER | " to any address, past few weeks he has found and killed about seventy head of horses that are in fected with the disease A larger part of hose killed are owned or have been owned by the Indians, although the disease h ®alned quite & foot-hold among more ex- cellent grades of horkes owned by horse raisers. Mr. Drake believes that with the prompt measures that are being resorted to by the government in the complete ex- termination of all diseased animals that may be found, the disease will soon be overcome. The government pays 70 per cent of the value of all animals killed. Commence Fight on Saloons. HOT SPRINGS, 8. D., March 19.—(Special.) —The preachers of the various churches here have for the past two Sundays dis cussed the saloon question at their oven- ing services and are secking to arouse the Identity of the gang until yesterday. Harvi Selects Orators, HARVARD, Neb., March 19.—(Special.)— A large audience of the cltizens of Har- vard greeted the contestants from Har- vard High school last evening at Btoke's opera house, in thelr annual contest prepa- ratory to the state contest. Superintendent C. R. Adkinson of York, Rev. Gates of Fairmont and Mrs. Henry of Clay Center were the judg who found in favor of Miss Fidella Bennett, first, and Herald Mattets, second, from a list of six contesants. Small Strike atrice, BEATRICE, Neb., March 19.—(Special.)— Elght men employed helpers on the new library bullding in course of construction here went out on & strike yesterday. They have been recelving $1.76 per day, but de- manded $2 per day. Me Rutherford & Lee, the contractors, refused to grant their demands, 8o the men quit work. It is thought the trouble will be adjusted in a | day or two so that the construction work on the bullding will not be materially in- terfered with. High Scheol Oratorical Contest. EDGAR, Neb., Mareh 19.—(Speclal.)—The oratorical contest of the FEdgar High school was held last evening in the opera house. There were nine contestants and four prizes were offered, as follows: First prize, $5; second prize, $2.60; third prize, $1.60; fourth prize, $1. The prize winners were: First, Lester Klingerman; second, | Ernest Larkins; third, Earl Hart; fourth, Lucy Gowen. To Vote on Waterworks, YUTAN, Neb, March 19.—(Speclal.)— Frank Roebling and Herman Eggers went to Wahoo today to inspect the waterworks according to instruction received by the town board, which will allow citizens a direct vote on the question at the next election. Two Tickets Hant! HASTINGS, Neb., March 19.—(Special | Telegram.)—At the republican city conven- tion held here tonight W. H. Hess was rominated for police judge and M. A. Hart- igan, E. N. Hamen and D. M. Ball for mem- bers of the school board. The democrats had thelr primaries here tonight. Nomi- nees for councllmen were as follows: First ward, Bud Owens; Second ward, Ezra Lon- gevin; Third, I. 8. Snyder. FAILS TO SIGN TWENTY BILLS Them to Become t His 8 ature, PIERRE, 8. D., March 19.—(Special Tel- egram.)—Governor Herried this afternoon filed with the secretary of state twenty | bills which have been allowed to become | laws by limitations. The 1ist Is senate bills appropriating $320,000 wolf bounty deficlen.y; autborizing the State Board of Charities tn dispose of certain lands at the reform school and purchasing others, providing an annual appropriation of $10,000 for firemen’s tournaments; appropriating $50,000 for a sewer at deaf mute school; also house bills appropriating $1,000 to re imburse Oliver Gibbs for money expended in promoting the World's fair; appropri- ating $10,000 for building at the blind aey- lum; appropriating® $900 for transcribing | the permanent journal of the house; creat- ing & State Board of Pharmacy; appropri- ating $25,000 for building at the state uni- versity; appropriating $24.000 for building at Spearfish Normal: appropriating $20,000 for bullding and Improvements at the school of mines; appropriating $35,000 for build- ing at Madison Normal; appropriating $24,- 000 for bullding at Springfield Normal; es tablishing a department of horticulture and providing for publishing its report; providing for vote on the liguor question on petition of twenty-five free-holders amending the fiah law adding September to prohibited month trout; appropri- ating $32,000 for building and improvements at Brookings; th: peddier license law and providing penalties for the illegal shipment of came ! on Killlng Db HOT SPRINGS, sed Mo D., March 19.—(8pecial.) public sentiment so that the saloons and the gambling attachments shatl be divorced according to law and that the saloons shall be conducted with wide-open windows as the law directs. The preachers declare that they will fight the battles alone, if neceseary, without the backing of thelr congregations, and that if nocessary they will call upon the state officials to see that the laws of the atate are enforced upon thin question just as rigidly as they are upon horse stealing and murder. Hayes SIOUX FALLS, 8. D., March 19. Telegram.)—At a term of state circult court for Moody county, held at Flandreau last week, Richard Hayes was convicted of eriminal assault and sentenced to a term of five years In the Sloux Falls peniten- tlary. He was placed in prison last week. Judge J. W. Jones of this city, who presided at the trial, today on application of the prisoner's atlorneys granted w motion for a new trial and Hayes has been released from the penitentiary and returned to Flandreav. He will be confined in the Mocdy county jall until he furnishes the required bead, Mystery About draders GARLAND, Wyo., March 19.—(Special.) ~Two or three carlords of grading machin- ery have been unloaded here during the last few days, but nothing Is known of the intentions of the owners. It was reported | some time ago that the Burlington would | build a branch line to Thermopolis, thence | west to the Kirwin mining district, and later came a report that a branch would | be built from this place to Billings, or & point near there on the main line of the Burlington. It is certain there will be some construction work donc near here nd the people of this section are anx- tously awaiting developments. Term in Penitentiary. ABERDEEN, 8. D., March 19.—(Special.) —J. McDonald, who robbed his ewiployer, M. D. Widdis, of several hundred dollars last fall, was arrested a few days ago at De Kalb, 111, and brought here for trial. He pleaded guilty to,the charge and was given two and a half Years in the peni- tentiary, where he will be taken at once. Rain Turns to Smow, PIERRE, 8. D., March 19.—(Special Tel egram.)—The rain storm here yesterday de veloped into a severe snow storm lasc night which continued through most of the day. The accompanying (emperature was mild | but will, it is certaln, cause some loss | among weak stock. There 16 no reason why there should be any severe loss. ot A Severe Storm deen | ABERDEEN, 8. D., March 19.—(Special | Telegram.)—A severe snowotorm has pre- | valled here the last twenty-four hours, but is now subsiding. High wind has drifted the snow hadly. Rallroad trafc is some what delayed e s Ollege, Philadeiphia, and awthor ‘Bartholow's Matevia Medica and Thevapewtics” and other medical works, says . 1t s used with great advi DISEASE in his own person, Dr. Foote says BUFFALO LITHIA WATER In all cases of Pregnancy where Albumin is found in the urine as late as the if this water and a milk diet is prescribed, idly from the urine anhd the patient has a erporal Convulsions. ordinary water during the period of Gestation it will be found Invaluable as a preventive of Puerperal Convulsions and other disturbs | Makes Dincovery BUFFALO WATER Is Offered to the Public Upon its Record of Results Accomplished. Nothing Save an Actual Test can be more Satisfactory to the Patient than the Testi- mony of Eminent Medical Men who have Repeat- Bright's Disease, Albumi- nuria, Renal Calculi, Inflammation of the Bladder, Gout, Rheumatism and Uric Acid Troubles. Prosessor Materia Medica and Geneval of vell-Rmoum antage in Gouty, Rheus ex-Iyesident Medical Sociely of North Cavolina, formeriy Member of the State Boavd of Medical £ vamineys, and also of the State Board of Health ng_remarkable relief HRONIC BRIGRT'S ** From this experience in my in similar cases in patients for whom 1 After reporti in a case of C have prescribed the water, I have no hesitancy in expressing the opinion that is the most powerful of known reme= dies in this distressing malady so s Do, of Paris, Doclor of Medicine NO REMEDY 50 ABSOLUTELY IMINURIA and BRIGHT'S DISEASE, Spring No. 2, accom. panied by a milk diet Used as a substitute s for sale by dealers generally. Volumi- hous medical testimony of the highest order showing the value of this water in the other diseases mentioned mailed PROPRIETOR BUFFALO LITHIA SPRINCS, VA. COLD 1S STOLEN FRON CAR Bar Worth Over Twenty Thou-and Dollar Oannot Be Found. TAKEN FROM MESSENGER ON WABASH of the When Train Reaches Detro 1 Po- Nee and ¥ nt ¢ ectives Ar Notified, of Wi e 8 o'clovk DETROIT. Mich, W bur gold, said 1o be valued at $20,000 to § disappeared from the express « bash train No 4, which arrive union station from the west al and left for Buffalo at midnight The property was In charge of the Pa cific Express company and consigned to Buffalo. Just as oon as the messen ger missed the gold he nétifled the local agent of the company, who in turn asked the police to assist in the search for the wissing treasure, Every available dotective on the staff of Chief of Detectives MeDonnell was as- signed (o the case snd private delectives were also retainod to assist. At 1:30 o'clock Captaim McDonnell, chief of detectives, said that his men had dis covered no clue to the whereabouts of the missing gold. The preclous bar war checked out by the incoming messenger {n the ewstomary manner and receipted for at the company's office in the Usion depot The outgoing messenger then checked it and recelpted for it. - His traln was en hour and a half lath and while awaiting its ar rival the bar of gold, (he detectivos loarned was londed on a truck in the office, whera several persons not employed by ihe com- pany saw and cxamined it When the truck was unloaded after the arrival of the train the har was found 10 be missing. Captain McDonnell saye he has found that at least three persons not con- nected with the Pacific Express company were in the office and examined the bullion and discussed it There wete four bars of geld in the ship- ment. The incoming messenger Is positive he unloaded all four and wheeled (he (ruck into the company's office herc. S’hen the midnight train, on which cxpress maiter is sent east, was ready cnly three bers were found on the truck Although the messenger was sure he had unloaded four, the hope that noesibly he might have left one in the car, which went on to Buffalo, was entertalned 'until word came from Buffalo that thefe was no gold in the car. Several men who were in the office while the gold was awaiting tranefer to the mid- night traln were taken Into custody and examined, but later released after convine- ing the ofcers that they knew nothing of the missing treasure INSPECTOR GIVES OUT TIPS of No was fylng Poolroom Keep. ers That Places Were (o He Ralded. NEW YORK, March 19.—At the trial to dny of Police Inspector Cross for neglect of duty, former Wardman George Bissert swore (hat @ year before his dismissal from the force, fn 1901, Cross told him there were warrants to bo served on some | poolroom keepers and instructed Bissert (o learn what places were involved and to tp them off " A day or two later, Bissert sald, Cross threatened to have him sent back to patrol duty because place had been ralded although Bissert assured the dofendant that a warning had been sent one CHRONIC SORES Signs of Polluted Blood. There is nothing so repulsive looking and disgusting as an old sore You worry over it till the brain grows weary and work with it until the patience is exhausted, and the very sight of the old festering, sickly looking place makes you irritable, despondent A chronic sore is the very best evide: and impoverished condition, that your the effects of some serious disorder mercury or potash, will sometimes so pair the general system that the merest non-healing sores of the most offensive and desperate nce that your blood is in an unhealthy constitution is breaking down under The taking of strong medicines, like pollute and vitiate the blood and im scratch or bruise results in obstinate character. Often an inherited taint breaks out in frightful eating sores upon the limbs or face in old age or middle life, Whenever a sore refuses to heal the blood is always at fault, and, while antiseptic washes, salves, soaps and poveders can do much to keep down the inflammation and cleanse the sore, it will never heal permanently till the blood itself has been and poisons destroyed, and with 8. 8. § S S S blood is puri on a natural pure blood is a; the body the flesfi runfiql and the deadly germs this can be accomplished—the polluted fied and invigorated, and when rich ain circulating freely throughout around the old sore Kexinn to take color, the discharge of matter ceases and the place heals over. §. 8. 8. is both a blood purifier and tonic that puts your blood in order who s employed by U government (o inspect the range horses uf Fall River and Custer counties, to investi- gate the French disease that bas been re. ported 1o be serions. savs that /during the aid at the same time tones up the system and builds u If you have a chronic sore write us and our phy: without charge. the general health. ian will advise you THE SWIFT SPECIFIC CO., "‘l‘flf‘.‘.‘.