Omaha Daily Bee Newspaper, August 18, 1903, Page 3

h GAME LAW IS UNDER FIRE Madison County Men Avpeal from Oomvie- | tion of Ita Violation. ASSERT THE FINES ARE EXCESSIVE State ement Asserts Powi- dvely th King of the Trotters, Will Be One Its Attractions. Cresce: (From a Staff Corresp LINCOLN, Aug. 17.—Special)—D. B. Mc- Mahon and W. E. Harvey of Madison county and P. E. McKillip of Platte county have filed a brief in the supreme court in which they attack the validity of the game law. The sult was brought to the supreme court by the men to prevent ¢he payment of $5 fine each for viclating the game law by having five quall in their pos- session. Plaintiffs in error contend that the fines imposed were not, as required by the con- stitution, proportioned to the nature of the offense. The statute provides for a pen- alty of § for each bird found. In this instance five birds were found and the total of the penalties imposed was $75. Plaintifts insist that the statutory penalty of 5 each even is excessive, for a prairie chicken is never worth to exceed $1 end in no case where the rule of law has been invoked by a legislature has a penalty been fixed st a greater proportion than three-fold the damage done It is also urged that the statute is un- constitutional because it contains more than one subject. It is eesignated as an act to protect fish, game, song. insectiv- orous and other birds. The reason of the constitutional inhibition was to require each proposed measure to stand upon its own metits, and to apprise members of the legisiature of the purpose of the act when called upon to support or oppose it, but perhaps the strongest reason for the con- stitutional inhibition was to prohibit join- ing of several messures in one act in order to combine the friendé ot each in log-roll- ng for the bill as a whole where probably & majority could not be obtained in favor ©f the Atfferent objects of the bill. Cresceus to Be at State Fair, The fact that a rumor has gained cur- rency over the state thar Cresceus, the trotting champion, will not appear in Lin-_ coln at the state fair, has caused the man- agement to say that Crescus will be here. The rumor probably was started because the state falr management wanted one of the provisions of the contract for bringing the horse here to be that he would not be exhibited anywhere elso in the state prior 0 the state fair, and that the fact would not be advertised prior to the fair This provision the owner of the horse refused to sccept, consequently he was wired to the | effect that the provision would be knocked out. Cresceus is scheduled for an appear- ance In Omaha before the Driving Park as- sociation during September. This, how- ever, will oocur after the stats fair. Changes in the Guard. Captain Lyons of Nelson has been elected major of the First regiment and Captain Phelps of Bchuyler major of the Second regiment. Captain Brooks of the signal corps has been transferred to the First regiment, where he becomes the regimental commissary. Elections have been ordered to fll the vacancles. Adjutant General Culver returned this afternoon from York and stated the town would have everything in readiness for the encampment the th. PUTTING UP FUSION TICKETS All Does Not Appear Harmonious Be- tween the Democrats and ; s list convention and Eugene Austin secret- tary; while Fred H. Free of Plainview acted as chairman of the democratic con- vention and Albert Magdanz secretary. In the democratic convention a motion was made that the chairman appoint a commit- tee to confer with the populists relative to holding & joint convention. This was op- posed by Herman Stelnkraus of Willow Creek precinct, and when it came o a vote the fusionists won by a vote of 2 to 14 chairman appoiuted Mr. Stelnkraus as the conferees, but he declined and hall disgusted, and would not re- populists took kindly to the of the T i? § i % Don't Forget THAT THE FIRE SALE STOCK AT, HOSPE’S IS GOING ON BIGGER THAN EVER PIANOS Selling at Unheard of PRICES Easy terms. Best grades of instruments. Eatire stock of Musical Goods and Art Merchandise included in the sale. A. HOSPE GO, that Lederer withdraw clined to do, but remained won out. Mr This be de in the race and Pliger was nominated for superintendent. Put for clerk of district court A balm for his wounded feelings he was not disposed to secept the office, as It doesu’'t pay enough to pay & per- {son’s board One of the candidates for e nomination of counly assessor was badly disappointed of the nomination. The ticket nominated was as follows Treas- | urer, Lecnard Schmitz of Plum Grove pre- cinct; clerk, L. H. Lederer of Plerce pre- cinct: judge, W. H. McDonald of Plerce precinct; superintendent, Frank Pliger of Plerce precinct; sheriff, 3. M. Jones of Plerce percin=t; assessor, Frank Strelow of |Logan precinct: cierk of district court, Henry Raubach of South Branch precinct: surveyor, August Huebner of South Branch | precinct; commissioner, First district, Wil- liam Dedlow of Dry Creek precinet. The delegates comprising the Third commis- sioner's district decided to postpone their convention for a ecouple of weeks YORK. Neb., Aug. 17.—(Special.)—A large number of democrats of York county are freely expressing themselves that mow is the time for them to cut Joose from the fusionists and they belleve that by cutting | loose at this time there will be a larger number attracted to the democratic party In this week's Democrat a tall was pub- ed for the democratic convention and underneath a call of the people's party convention to be held at the court hous at the same time, and an editorial in the column adjoining appeals strongly for the democrats of York county to stand up and |be countea. Although there may be a ] fusion of the parties in this county between {Gemocrats and populists, the leaders of both parties, while seemingly acting as if they favored fusion, may not vote fusion, OSCEOLA, Neb., Aug. 17.—(Special)—| The people’s independent party of Polk| county held their county convention on Saturday, with C. C. Bennett of Stroms- Burg as chairman and Editor E. A. W rath secretary. They clected fourteen del. egates to the state convention and the same number to the judicial, and renomi- | nated all the county officers, as follows: Clerk, J. W. Fillman; treasprer, Jud Hol- comb; sheriff, J. D. Hartman, clerk of court, Willlam Campbeil; eounty judge, | Fred H. Ball; superintendent of public in- struction, D. C. Cole; county assessor, Al- bert M. Johnson. The democrats held their county eonven- tion at the same hour, with Gurley Green of Stromsburg as chalrman and Colonel George W. West as sccretars. They agreed that they did mot care for the of- fices, only the coroner, and sent a delega- tion to the populist convention to express their wishes, and so they gave them the desired office by nominating Dr. Wood- ward of Shelby as coroner, and then the democrats endorsed the populist nomina- tions. DAKOTA CITY, Neb., Aug. 17.—(Special) —A democratic mass convention was ad- vertised to be held in the courthouse hall | in this place at 2 p. m. Saturday to select delegates to the state and judicial conven- | tions. Up 6 4 o'clock the “masses” fatled to be In evidence, and seven lonesome dem- ocrats, five from St. John's precinct, one | from Covington, and one from Dakota, as- | sembled at the law office of County Attor-| ney J. J. McAllister and, behind closed | oors and drawn window curtains, selected | the following delegates to attend comven- | tions as follows: State—Willlam Morgan, W. T. Bartlett, Mike Hynes, Nels Anderson, Thomas Ash- ford and Fred Schriever. Judicial—J. J. McAllister, Joseph Clem- ents, John Duggan, Danlel Hartnett, Thomas Sullivan, John J. Ryan and Samuel Brown. The date for holding the county conven- tion to mominate a county ticket was se! for September §, to be held at South Sioux City at 10:% a. m. TON, Neb. Aug. 17.—(Special) ~The people’s party Saturday met in dele- gate convention and nominated the follow- ing ticket: Sheriff, T. J. Minor of Fuller- ton township; county clerk, Neise Jensen of Councll Creek; freasurer, 1 A. Niles of Newman; county superintendent, Mrs. Ella E. J. 8. Paton of Fullerton; county judge, | Albert Thompson of Frlierton; assessor, 8. | 1. Ellis of Genoa; coroner, Dr. H. E. Kin- yon of Fullerton. While the gperpulists were in session at the courthouse the dem- ocrats of the county, towit: Albert Thomp- | son, Sam Stentevant and Bill Crawford, | heid their county convention in the office | of Mr. Thompson, and when rotified of | the action of the populist party by a unan- | tmous vote endorsed the ticket mominated | by the populists. After passing the usual democratic resolution that the country was | going to hades un<er republican rule, both conventions adjourned. BLOW FROM FIST IS FATAL Drunken Quarrel Betwesn Two Menm | Results in a Fatal { Tragedy. HARTINGTON, Neb., Aug. I7.—(Special Telegram.)—As the result of a drunken spree and & quarrel early yesterday morn- ing. Charles Balliet is deadwnd Alex Blair, his stepson, s in the Hartington jail, by his own confession charged with the crime. | The murder cccurred three miles north- | west of St Helena, at-the home of the | murdered man. The vergict of (he coro- mer's jury yesterday afternoon was that Charles Balliet came to his death by a blew from the fist of Alex Blair. | Blair made no effort to escape and was | arrested and brought to Hartington by Coroner Reifert. Balliet was about 60 years ©0ld and leaves a wife and several children. Blair is unmarried. FATAL FALL DOWN STAIRS Nebraska Oity Woman Fractures Skull and is ia COritical Comndition. NEBRASKA CITY, Neb, Aug. 17—(Special Telegram.)—Mrs. Sarah Riley early today fell down-stairs at her home in this city and received a fracture of the skull, | which is thought by her physician will | prove fatal owing to her advanced age. Son Hunts for His Father. PLATTSMOUTH, Neb. Aug. 17.—(Spe-| clal)—Chief of Police R.. W. Hiers re-| ceived a ielephone message yesterday from Mike Tonyack at Ewing asking for infor- | | mation as 1o the whereabouts of his father, | and offering to send money to pay his e penses, eic., to his home there. He read | in The Bee & few days ago that his father had arrived in this county from ‘Bois, Il | searching for his sons. The senlor Tonyack | {is % years of age, and was in destitut circumstances when be passed through this ety to Union. | Bey Dies of Lockjaw. NORFOLK., Neb. Aug 17.—(Special)— | The T-year-old som of a farmer named | Hille, lving near Hadar, died yesterday morning from lockjaw. The comvulsions were caused by stepping upom a stubble in the field twelve days ago. Since then the Uttle fel had become apparently well, but cold set In and the nerves were so affected that be could not be saved Hi | had suffered from the convulsions twenty. moned precarious cordition. | bare. THE OMAHA DAILY BEE: TUESDAY, AUGUST 18 1903 JUDICIAL TICKETS NAMED| Boyd Nominated at Norfelk in Seventeen Minutes Elapeed Time LITTLE WARMER FIGHT ON AT BEATRICE A. H. Babeock of Beatrice and C. Reaves of Falls City Are Named in the First District, Stull Withdrawin, ¥. NORFOLK, Neb., Aug —(8pecial )— Hirmony and Judge J. F. Boyd prevailed | at the republican judiclal convention held | at the city hall this morning. It took just exactly seventeen minutes to open the con- vention, attend to the credentiais, nomi- nate the judge, and adjourn. Judge Boyd has served during the past term, and has given excellent satisfaction. Two years ago, when he was nominated, the chances for election were not mearly so good as they are toda He made a strong fight then, however, and stated in a speech this morning that he would begin just as | aggressive & campaign for this year. He named M. D. Tyler of Norfolk as chatrman of the judiclal «ommittee, and the others are: Antelope, N. D. Jackson; Knox, W. D. Funke; Plerce, Joseph A. Williams; Madison, 1. Powers; Wayne, A. A. Welch A large number of the sixty-five delegntes | present left the city at noon for the state convention in Lincoln. The meeting was called to order at 11 by Chairman Jackson. George Boyd was secretary. Judge John B. Barnes, accompanied by a host of his followers and ctaunch zdmir- ers, ieft Norfolk today for the republican state convention in Lincoln, and are con- fident of returning with the nomination for supreme judge. The judge and W. N Huse went this morning to open head- quarters, and a great many followed at noon. ALBION, Neb, Aug. I7.—(Special)—~The following is a correct list of the delegates to the judiclal convention: M. B. Thomp son, O. M. Needham, F. D. Williams, H. | C. Vail, L. V. Graves, E. L. Sargent, C C. Goodrich, W. J. Cain, lon Tuttle, F.| Jouvenat, O. F. Plum, G. P. Lewis, and C. E. Spear. Hon. J. A. Price of this county 1s a candidate for the judgeship and will receive the delsgation. Otoe for Jessenm. SYRACUSE, Neb., Aug. 17.—(Special Tel- egram.)—The Otoe county rewublican con- vention was heid in this city today and was marked by its harmony end enthusi- asm. The attendance was large, each pre- | cinct having & full representation. Hon. | R. W. Jomes of Dun“ar was made chair- man and in assuming the gavel made & short speech of great force which was greeted with vigorous spplause. In the se- jection of a county ticket the following candidates were made: .For clerk of the | district court, A. E. Chaffee of Syracuse; | county clerk, Frank P. Raselton of Doug- | las; county treasurer, the present incum- bent, R. W. Kelly, was renominated by ac- chmation; county judge, M. C. Joyce of Syracuse, by acclamation; superintendent | of schools, present incumbent, K. C. King, by soclamation; county commissioner, to be clected by the county at large, L. E. Jones of Palmyra; for county surveyor, no nomination was made; eounty acsessor, Grant Zimmers of Wyoming precinct, by ac- clamation. The tiket is an exceptionally strong one and will receive the enthusiastic support of the republicans of the county. Resolutions were adopted commending the administration. Twenty ~delegates were elected to attend the state convention, as follows: Jack Farley, F. C. Nicholson, O. A Kimmell, F. McCartney, Patrick Roddy, Henry Branat, W. H. Ehlers. J. O. Moore, J. H. Arends, A. M. Morgan, R. W. W. Jones, Marshall Harrison, 8. M. Jessen, Thomas Mead, H. Arends, John Frerichs, D. C. Beyote, W. G. Heather, Charles Mar- shall, E. F. Warren. In the selection of delegates to the Becond @istrict judisial conventiorf the privilege of selecting the delegates was unanimously conferred upon Judge Paul Jessen of Nebraska Ci'y and the following list has been announced by him: Willam Hayward, John W. Dixon, Charles Seymour, R. W. Kelly, John W. James, Henry Winklehaske, Corydon Rood, Henry Wellensick, Willlam Ashton, Job Cassel, J. H McEaéhron, C. P. Webber, Jobn Dalton, W. 8. Eis, William Stambro, Willlam Ryder, E. B. Soudders. Charles Dorman, M. Barstler. Members of the new county central committee are E. Ervan, J. M. Taylor, Thomas F. Roddy, G. W. Me- Coltum, L. A. Kropp. J. H. McEachron. Omar Paap, L. E. Jones, 3 R McKee, James Hair. Frank Parker. J. H. Arends, D. T. Hil. W. F. Ashton, T. V. McCartney, S M. Jemson, A. B. McCann. R. Venne- man. Joel Eaton, John W. Norton, Henry Zahn, Mike Barstler, W. 8. Eis. R W. W. Jones was elected chatrman of the county central committee and W. H. Pitzer secre- tary. King the Favorite, OSCEOLA. Neb.. Aug. 17.—'Special)— The republicans «f Polk county have just held their county convention, end It was the most Yarmonious convention ever held in the ~ounty, and almost every oandi- date brought out was :lmost unanimously nominated. Judge J. W. Snider was tip presiding ~fhcer, and H. M. Vanderbilt was the secre- tary. The following were nominated for county offices in the crder named: T H Saunders, clerk of crurt; Otto Kummer, county elerk; Liberty Tlark. o~unty treas- urer; Henry Westring. sheriff; James Hon- ness, county judge: Mrs. M J ConkMn, superintendent of sehools: Ed. Btreeter, surveyor: Doctor L. M. Shaw, coroner: P. 1. Bleever, county commissioner, and D. R. Leared county assessor. The following are the delegates to the etate convention: J. B. Buckley, 8 H. Wisely, B. P. Nebergall, Hon. E. L. King, H. C. Beebe, Dr. L. M. Shaw, C. C. Stull — Stevens, —Darrow, and H. M. Vander- Judicial convention delegates are: Liberty Clark, Milan Kinney, Samuel Harless, Gus Johnson, T. H. Saunders, J. P. Smith, H Hendrickson, Otto Kummer, George Pres- son and H. H. Campbell. It developed in the convention that Hon. E L. King is a candidate for district Judge of the Fifth | judleial district. The oconvention wanted him to name the delegates to the conven- tion, but King was 100 modest and declined but the delegates selected are for King, as | long as he has any show. | Stull Pulls Out. BEATRICE, Neb, Aug. 17.—(Special Tel- egram.)—A. H. Babeock ef this city and C. F. Reavis of Falls City were nominated as candidates for the district judgeship at the republican convention of the First judi- clal district by here today. The fight, which was between Babcock. Reavis, J. H. Stull and Joha B. Raper, was simplified by a combinztion between Babcock and Reavis, who received liberal aid from Jef- ferson county. The first baliot decided the contest, the only fight being on the man- mer of making neminations. An attempt to nominate Babeock by acclamation, leav- ing the other nomination open to contest, was defeated. Stull withdrew from the race when it became apparent that Babd- rmmh‘mhflyflmm“ cock would win on the first ballet E H Hinshaw was chalrman of the convention. The first ballot resulted as follows: Boys Accldentally Shat. B . BELGRADE, Neb., Aug I7-—(Special)— ?x:m e | n [] Today, while carclessly handling & gun, | Jonraon » | John Wolf, a lad of 12 was shot through | Nemaha H 1 mtummm-m--um H e of 15, who was visiting, received the charge fd . of shot in his leg and both boys are in & » @ | northern portion, | Minimum temperature. CUTS THE TELEPHONE WIRES Nebraska Hooper Company Dis- omes to a FREMONT, Neb., Aug. 1 gram.)—The linemen of the ) phone company, scting presumably under instructions from Omaha. early this morn- ning cut the wires connecting the Farmers’ Telephone company at a point near Hooe- per. Four wires were cut Representa tives of the Hooper company consider the act a high-handed one, and more ltiga- tion will probably follow. The trouble grows out of the agreement made (Special Tele- ebraska Tele- night, and one faction of the Farme was In favor of continuing It, as they could talk with Fremont by way of Hoo- per. As neither party seemed anxious to discontinue the exchange of business, the Nebraska people cut the wires. The Ne- braska have their agreement with ‘he Farmers' company, and are determined, if possible, to cut off the Hooper company from any business connection with them. Doetor Did Not Have Roll YORK, Neb, Aug 7 —(Bpecial.)~The sherift of York county denies.the report that Dr. R. B Bassett (supposed to be an assumed name), a physiclan representing a bospital at St. Joseph, Mo., had L0 in cash on his person and the statement of Dr. Bassett's wife at 8t Joseph corrober- ates that of the officials here. She stated that when Dr. Dassett left home he had | only $50 in cash besides a Burlington pass. The report was started by colored porters | on the Burlington train, who claimed that Dr. Bassett had displayed a roll amount- ing to $1500. Since his recovery from the effects of an overdose of cocaine and mor- rhine the doctor makes no claim of bav- ing lost any money. titute in Howard. ST. PAUL, .. Aug. 17.—(Special.)—The first annual picnic of the Howard County Farmers' ‘nstitute was held Saturday after- noon in the grove of the court house grounds. A large number of farmers and their families were in attendance, and a program of profitable discussion of various interests relative to farming was carried out, the Interantional brass band of Danne- brog discoursing music in the Interval The afterncon closed with a series of games and contests. A base ball game ®etween the Ashton and Boeius aines resulted in a victory for ashton by a score of 18 * A successful balloon ascension and para- chute leap was performad in the evening |by an Omaha seronaut. Light Plant is Crippled. FREMONT, Neb, Aug. 1i.—(Bpecial)— The manhole blew out of the botier at the city electric iight and pumping plant about 9 o'clock last night and the city was in darkness until steam could be got up under the other bofler and some repairs made No one was hurt by the accident and the boller was not much damaged. The cause of the sccident is not known. The lights golng residences, as many people were nct sup- plied with other lights. The pumps also had to shut down for a short time. York County Insiltute. YORK. Neb., Aug. 17.—8pecial)—The ity of York is filled with school teachers who are attending the county institute under the general direction of E. C. Pishop, ex-superintendent of county schovis. There are several prominent speakers from other points in Nebraska who will be on the program this week.” STOPS CAR WITH REVOLVER Louls Mam Acquited By Police Judge Whe Holds Action Justifial st ST. LOUIS, Aug. 17.—Beverly S. Warden, who was arrested on Saturday night for stopping a street car with his revolver, was acquitted in a police court today. In discharging hm Polce Judge Tracy sald: “Any street car motorman brought before me on a rubstantiated charge of passing passengers on the street corner will be fined the limit allowed by law. Citizens have rights that are paramount to those of street car companies.” FORECAST OF THE WEATHER Nebraska Teday, Variable Elsewhere. WASHINGTON, Aus. 17.—Forecast: For Nebrasks—Fair and warmer in east pertion, showers in west portion Tuesday; cooler in northwest portion Wednesday, fair. For lowa—Falr and warmer Tuesday: showers and cooler at pight on Wednes- day. For Ilinois—Fair Tuesday, warmer in northern and central portions; showers and cooler at might on Wednesday, rain In fair in southern, fresh east winds, becoming strong. For MontanayFair Tuesday and Wednes- day. For South Dakota: Showers Tuesday, cooler in central and east portions; Wednes- | day, fair. For Kansas—Falr and warmer Tuesda Wednesday, fair For Colorado and Wyoming—Fair Tues- day; Wednesday, partly cloudy, with showers and ccoler In east portion. For Missouri—Fair and waymer Tuesday; ‘Wednesday, probably fair. Loeal Record. OFFICE OF THE WEATHER BUREAU. MAHA, Aug. 17.—Official record of tem- Saratiare’ and precipitation compared ‘with ihe corresponding day of the past three years: ™08, 1902. 1901 Maximum temperature ... £ 1900 Mean temperature......... Precxnuum-.v...,u.:;‘ ’r]m.m Record of temperature and precipitation at Oumabs for this day and stice March 1 958 Normal temperature iy | Deficiency for the 8ay < H Total excess since March I oy | Normal precipitation 11inch Deficiency for the duy 11 inch Precipitation since March 1 7 inches Deficiency since March 1 incies Deficlency for cor. period in 1932 arhes Deficiency for cor. period in 1801 s Repe e CONDITION OF THE WEATHER. Omaha, clear Valentine. clear North Platte, cloady Cheyenne, clear . Salt Lake City, clear Rapid City, clear Huron, clear - . . Williston, clear ..........0 00 Chicago, ‘clear .........00 | St Louls, clear & Paul, clear . venport. clear.. Kansas City, cles Havre, clear EXSTERrRurasEneEn };‘F'@“ — Bskekacaskaaaness RERZIIERIRTN “T" inicates trace of tation. 1T A WELSH Forecastes P out caused some consternation inm | REPORTS TRE FENCES DOWN bratka Osttlemen Ars Said to Have O>mplied with Recent Order. OTHERS PREPARING TO DO LIKEWISE leations Are that Big Herd ®wn Have Declded to Meet the Require- | tast | year with the Hooper company and the| Farmers' company for the interchange of business. The contract expired Saturday (From Staft Correspondent.) WASHINGTON, Aug. 17.—(Bpecial Tele- | gram)—W. A. Richards, commissioner of + | the general land office said today that he {had received a letter from United States | District Attorney Summers announcing |that Messrs. Richards and Comstock, the | cattle barons of Nebraska. had practically | complied with the recent order calling fupog them to tear down certain fences il- Jogally maintained upon the public domain. &Nl such fences, Mr. Summers believed, have been removed but certain, a special surveyor is now engaged In going over the ground to check up the eituation. | Commissioner Richards is also advised that the Standard Cattle company is com- plying with the above mentioned order and are rapidly removing the obnoxious fences and have indicated a disposition to remove every vestige of fencing around its hold- ings. Reports from other sections where complaint has been made of iilegal fenc- ing indicate that cattiemen are showing & disposition to respect the law and remove their fences. | These rural carriers for Iowa routes were {appointed yesterday: Estherville, regular, Elsey Hamrick; substitute, J. H. McKay. Taintor, regular, Lewis Robertson; sub- stitute, Joe Chagg. ’ {PICNIC ENDS IN TRAGEDY Ome of the Party Sucenmbs to Heart Faflure and Another is Crasy. | SANTA BARBARA, Cal, Avg. 37—Mise { Katherine Grathwol of 8t. Paul, Minn., | Gead; Frezerick Lueders, an artist of this | |city, is a raving maniec, and Fred Web- ellle Stone, Frank Gilbert and Grace | | Porter, also of this city, all mumbers of a | | pienic party, were missing for wseveral { hours st night. The party left here yesterday for a day's | picnic at the summit of the mountains, which is reached by Lacumbre trail. Fred- erick Lueders arrived in town last night | and reported that ome ot the party, Miss | Grathwol, was dying, but he was %0 ex- | cited none cf the particulars could be | {learned. A party then left for the soene | {and others followed them. They returned | |at midnight with Lueders, who was found at the foot of the grade a rav manlac. |He could give no account of the where- | abouts of the rest of the party. | At the inquest held today Miss Grath- | | wol's death was attributed to heart fall-| | are. brought about by exhaustion. Tne &roner's deputies, who went after the remains, returned early today, after {|a most dificult and hazardous trip. The { bodr had to be tied on the back of a herse and brought over the narrow trail in the darkness. Miss Grathwol, witnesses said, requested ber iriends to proceed without her, after half the distance had been covered, say- irg she would remain until their retarn. The party went only a couple of miles and then returned. In the meanwhile Miss Grathwol had wandered away to her death. COURT UPHOLDS BLACKLIST Federal Judge at St. Louis Renders Eweeping Decision in Western " Unier: Case. BT. LOUIS, Aug. 17.—Judge Rogers in the United States circult court, today handed down an opinion sustaining the de- murrer of the Western Union Telegraph |company in the labor injunction chse of | Boyer et al. against that company. In the written opinion Judge Rogers sus- | tains every point urged by Attorney Eleni- ous Smith, representing the dcfendant com- {pany, hoiding that the company has the absolute right to dismiss employes because they belonged to the union, or for any otber reason; that there can be mo con- spiracy to do a Jawful act; that the so- called black list may be maintained and given out for the use of others. Superintendent G. J. Frankel of the Sec- ond district of the Western Union, said: The case arose from the fact that a cer- tain number of operators were relieved on account of reduction in force, some for insubordination, and for other causes. They contended it was on account of belonging 10 the union. and they were therefore de- prived of a livelthood. { It was conclusively shown that all oper- ators so relieved were employed either by brokers or railroad companies, with the sxception of one, who could mot be lo- cat 1 do mot care to say anything ! further. | BODY DISPROVES ELOPEMENT No Doubt Now that Missing Couple in Lake. GLOVERSVILLE, N. Y., Aug. 17.—The | bolly of George Evans came to the surface { of Canada lake early today. Dynamite was | exploded between the island where the boat | was found and Nigger bay resterday and | the head and shoulders appeared abore the | water today. The body of Florence Brown has not yet been recovered. These two young people have been missing for some days. having Evans was to have come into & fortune to- day and both were well known. ! water ever since their disappearance, and last night & repart from New York stated | of the supposed &rowning and an elopement was suggested as &n explanation of their disappearance. | This, however, was disproved today by the finding of Mr. Evans’ body. | KANSAS GUARDS’ CASH MISSING | Embessling Funds of Militia. SAN FRANCISCO, Aug. 17.—Captain Clarence Sharon of Topeka, Kan, was ar- | funds of the Kansas National Guard. |, Bharon says there is a @ifference of only $200 between him and his regiment, but the ! Jocul police aver thet the alleged defalca- {tion will reach into the thousands. Cap- tain Sharon served with the Twentieth Kansas regiment in Manila with distinct'on YACHTS ATTRACT A CROWD | s | Rellance and Shamrock II Viewed by Many People While in | Dry Deck. NEW YORK, Aug. I.—Reliance and Shamrock IIl today attracted a large crowd to the Erie basin, where they ave in dry dock. Both rudder and bow to be figed, the former having been strained to make doubly | In Was a race between The Bee and Even- | weight. Met Death by Drowaing |D=n\‘er tomorrow. gone for a boat ride and not returning. Mr. | Search has been kept up on land -uu4 | they had been seen there after the time | tatn s Arrested Charged with | rested today charged with embezzling the | mmwi out of alignment, and the dented 1n the Jast race off Newport. In the meantime its bronse underbody was given A thorough polishing. while in the adjoin- ing dock the crew of the challenger gave | th vessel's Iv its last coating of white | el | e great ma ineail of Shamrock 111 was | also bent today under the supervision of | Captain Wringe. Tomorrow Chbarles D.| Mower, the official measurer of the New | York Yacht club, will measure the boats to | figure time allowances i BEYOND PROVINCE OF COUR ! 1 Legal rn-unl. | { Letting Contract for Duty of City, Says Attorney Wright. The case of the World-Herald against| the City of Omeha relative to the award of the eity printing was resumed before ' Judge Read yesterday afternoon, having | been transferred from Judge Dickinscn's court | ‘ City Attorney Wright stated at the open- {ing of ihe case thatithe court was without | Jurisdiction in the premises, as the matter of letting the contract for city printing was entirely within the province of the | city council, espectally in view of the fact | that there was no evidence of collusion or conspiracy to mulct the city In exceseive | costs for sald printing. It was simply | question of which was the Jowest respon- | sible bidder and its determination lay en- tirely with the eity council. ! W. J. Conmnell, attorney fol The Bee | | Publishing company, introduced in evidence {|a number of additional afdavits showing that the World-Herald had not the requi- site 5,000 circulation in the city and that it in fact several hundred short of | | that number. The contention of the Even- | ing World-Herald was that it had 536 |bona fide subscribers, whereas it was Proven by investigation that it was 57| short of that number. Another interesting phase of the matter was shown by these affidavits that the| Evening World-Herald was spurred to a | sudden zea! to get its list above the 5,000 mark after having submitted its bid to the city council, claiming that number as con- | ditioned upon its eligibility to submit a proposal for the city printing. The evi- 1s | Genice tended to show that a number of expert solicitors were hustled out between {the time of the submission of the bid {and June 30 to increase the list, which was an admission that it was actually short the required 5,000 names. One of the urgent appeals of the.solititors was “‘that ing World-Herald for a special advertising scheme and that short-time subscriptions would be taken.” The World-Herald submitted no evidence yesterday afternoon, but was given until 30 o'clock this morning to produce afii- davits in rebuttal, to which time the hear- ing of the case wgs adjourned. { ADMITS BITULITHIC PAVING Specifications for Bituminous --e-i adam Completed and Are Ready The specifications for bitumizous ma cadam pavement have been completed Ly Chatrman Rosewater and will be submitted 10 the Board of Publc Works this after- noon. They provide for an elght-inch exca- vation, to be filled for six inches with I'me- stone or slag. upon which is to be poured a semi-liquid bituminous cement. not more | than one galion nor Jess then thrse-fourths | gallon per square yard. Upon this found: tion is to be placed the wearing or pave- ment surface. This is to be composed of “70 per cent or more, varied-sized crashed | trap rock, granite, porphry or quartzite, and | 30 per cent or less of puiverized hard lime- | stone, gravel or sand, in combinotion with s Meient bituminous cement to fll the voids | and thoroughly coat and surround the partf. | cies which comprise the main sggregate.” | According to the engineer these spectfica- | tions will admit the new bitulithic pave- ment. At the board meeting Comptroller Lo- | beck raised a point aver the requirements | as to the mixing of the wearing surface, saying the ratio thould be measured by Chairman R.sewater cbjected to this, saying that a <hange would rl\'or‘} the T7arren Bros' patent at the expense | of other competitors. Lebeck maintained | that without the change & chance was Jeft open for paving inferior to that which he | Warren patent was capable of producing. | As Building Inspector Withnell was ab- sent, it was decided to let the matter le over for a weck. | YOUNG ROCKEFELLER IN WEST | Visits Fuel and Iren Properties Pre—. paratory to Gemeral Mecting at Denver. PUEBLO, Colo., Aug. I7.—~John D. Rocke- feller, 3r., arrived early today on a special train from the east. He was met at the | station by President Kebler and cther offi- | clals of the Colorade Fue! and Iron com- | pany and taken to the steel works. Mr. Rockefeller, with tpe others, will attend | the annual meeting of the company at| cars (a la and 11.30 a.m. Five Trains a Day To Chicago via the Chicago & North-Western Railway, over the only double-track railway between Omaha and Chicago, offer to the tr: the best of cverything in the way of the modern conveniences of travel. The Eastern Express fast train, leaving Omaba daily 5.50 p. m,, arriving Chicago 7.15 next mozping, with an admirably arranged equipment of Pullman draw- g room and tourist sleeping cars, {ree reclin standard day coaches, bufiet smoking and library care, and dining carte), is cne of the most popular trains in the West. The Overland Limited electric lighted, with buffet smoking car, stand: comparuncut slecping cars, observation and car, leaves Omaha daily at 815 p. m, reaching Chicago 9.00 the next moming. Other through trains leave Omaha for Chicago and pointf cast at 340 a.m, 800 a. m. Information as to schedules, rates, sleep- ing car reservations, on applcation M. C. OHEYNEY, Gumena. Asawt. when you have one on the Hue and bow he grows in weight daily thereafter. The big fellows are plestiful im ti:e “Minnesota Lakes.” Our rates are so low dur iag July, August and Sep- tember that you cannot &fford to stay at home. Talk with us at 1402 Far mam street, Omaha. W. H. BRILL, DIST. PASSENCER AGENT MEN AKD WOMER. Tee Big @ for unpstura, diacbar con.infammations ‘aritatione of U mucovs membraves. eling put ing chair cars and rd and brary