Omaha Daily Bee Newspaper, November 6, 1903, Page 3

THE OMAHA DAILY BEE: FRIDAY, NOVEMBER 6, 1903. The Bennett Company Young Men’s and Small Men’s SIZES 30 1o 34. SUITS AGES 16 to 20. A remarkable bargain giving event. A grand clearance of odd suits from our reliable lines that have become broken in sizes. REDUCTION OF 40c, 50c AND 60c ON THE DOLLAR. ODD SUITS... In cassimeres, worsteds and cheviots; every suit guaranteed thoroughly well made; a few hand tailored suits in the lot. Sold for $15.00 and $16.00. Price— 8. 33 Don’t Overlook this Bargain in Suits; Only 200 —_— Choice Friday and Saturday of any knee trousers that sold up to 36c a pair, for.............. Sample line of men’s and young men’s hats, for quick sale, hats that sold up to $2.50, for.......... o b 69c Bargain Squars, Harney St. Entfance CLOTHING DEPARTMENT. JJEALOUSY ENDS IN SHOOTING Frement Woman Awuu Another of Boln; s ‘-....'lum FIRES THREE SHOTS AND ALL HIT MARK Wounds Are All in the Thigh a None Likely to Prove Damger- ous—Shooter is Taken to Jail, — FREMONT, Neb.,, Nov. gram.)—Mrs. Charles Depew fired three $hots at & nelghbor, Mrs. Eimer Berry, this afternoon, each penetrating the fleshy part of the thigh, and she is now in the county jall awaiting & preliminary hearing. The Shooting occurred about 2 o'clock on the Street near Mrs. Depew’'s home, 451 West Jensen. The Berry family lives only a Dlock away at 451 West South street, and the two.women have not been on the best of terms for some time. Mrs, Depew claims that the Berry woman has for some time paid teo much attention to her husband and ~(Special Tele- much excited. She held the shawl it her with her left hand and the other under it. The two had some talk, accusing Mrs. Berry of going her dress and fired three effect. Mrs. Berry the ground, screaming ‘“‘Mur- was: assisted home by Mrs. the poliee notified and Mrs her baby l::en to the county Berry's wounds are not serious, but painful. The bullet entered the fleshy yart of the leg and did not reach the bone. Her husband is & laboring man and is away from home most of the time. Mrs. Depew is sbout 30 years of age. She has always borne a good reputation, and is sald to be a woman who stays at home and attends to her own affairs. She and Depew don't get along very harmoniously together. She as- serts her husband pays more attention to the Berry woman than he does to her, golng to dances with her and out walking at late hours. She is not inclined to talk very much ut the cause of the shooting. Collewe Society Banquet. CRETE, Neb., Nov. b—(Special)—The members of Alpha Omega, & college debat- ing fraternity, were royally entertained at the home of Frank G. Stephens last night, the Somasio being the club's third au- tumnal - banquet. The banquet and the to_ul.l were above the usual standard, but the climax of the evening came When the host called up the absent members and re- ‘telved wirelgss fmessages lrom them.. A telegraphic sounder had been ingenously concealed on the table and gs the names of absent members were called the sounder merrily clicked off greetings from them. LEGISLATIVE PAY IS SAFE preme Court Holds ‘the Constit tional Amendment Was Le- ally Adopted. LINCOLN, Neb., Nov. 5.—(Special Tele- gram.)—Members of the legislature will con- tinue to draw thelr $ a day for sixty days 80 far as Judge Ryan and the constitution- ality of the constitational amendment au- thorizing them to do so is concerned. The supreme court late this evening handed down an opinion reversing the decision of the lower court and dismissing the case. The action to test the constitutionality of the amendment was brought by Judge Rvan during the session of the late legislature, at which time it created a panic among the members, who feared that they would be compelled to accept $3 a day for forty days, as provided under the original constitution. In the proceedings today the court taxed the cost of the sult brought by Farris against County Clerk Frye to compel him to recognize both the democrats and pop- ullsts on the officlal ballot by separating them at the head. As soon as the sult wi brought the county clerk at once had tickets printed as requested. BOUND TO PUT AN END TO LIFE Buffalo County Man Makes Fallure of First Attempt, but Succeeds in Second, KEARNEY, Neb., Nov. b.—(Special Tele- gram.)—Hans Voss of Schneider township made a successful attempt at sulcide yes- terday. He was found by & member of ‘his faml'y hanging In a corn crib, a rope round his neck and fastened to the rafter above. He was at once cut down and though life Wwas not extinct it was almost so. Physi- clans succeeded In reviving the man, but later in the day he got hold of a box of paris green and swallowed a large quantity of it. The doctors succeeded in emptying his stomach, but in a short time My. Voss was dead. Voss' act was the result of in- sanity. Almost two years ago he was sent to the asylum at Lincoln, but after being kept there lefls than a year was discharged and sent home. Hired Man = Good Collector, PLATTSMOUTH, Neb., Nov. 5.—(Special.) —A farmer named Etherton, who resides just across the Otoe county line near Union, passed through Plattsmouth on his way home with a valuable team, which had been taken from his premises a week © by his hired man. He stated that he had frequently let the man have the team to €0 to Union or Nebraska City. He asked permission to take the team and go to Plattsmouth, stating he desired to be ab- sent two or three days. Four days elapsed, when the owner received a letter from his hired man stating that he had gone else- where to seck employment and that he had left the team with a farmer near LaPlatte. Mr. Etherton found that the man had bor- rowed 3§25 off the team, which was the amount due him from Etherton, 8o he paid the bill and secured his team, but aid not veport the matter to the authorities, Dry Goods Store Rebbed. FREMONT, Neb., Nov. 5.—(Special)— Henry Gumpert's dry goods store was on- tered by burglars last night and several hundred dollars worth of goods, consisting principally of silks and the higher grades of dress goods, taken. The burglary was not discovered until the store was opened this morning. The officers are of the opin. fon that a wagon was used o take away the goods and that probably several per- sons had & hand in it. The valus of the goods taken may reach 1,00 NANCE PRAISES NEBRASKA Former Governor Retarns for Visit to His 0:d State. SEES EVIDENCES OF GREAT PROGRESS Harry D. Landis of Seward County Succeeds E. (From a Staft Correspondent.) LINCOLN, Nov. 5.~(Special)—Ex-Gov- ernor Nance of Chicago, who was Ne- braska’s chief executive from 1879 for four years, Is in the ciff, the guest of his daugh- ter. This morning he called at the state house to see Governor Mickey, but the latter had gone to York to attend the ded- fcation of a Methodist seminary. In years gone by Governor Nance was a member of the firm of Mickey, Morrill & Nance, doing business in Poik county., Two members of the firm became governor of the state, and Mr. Morrill was recently appointed a mem- ber of the Bt. Louis fair commission, but resigned after serving a short time. He is prominent In state affairs and resides here. Governor Nance is much pleased with the growth and progress of Nebraska. ““On every trip I make to the state,” he said, “I find evidence of progress and prosperity. 1t is growing wonderfully and in the east- ern part of the state I see the finest farm Jands in the world and farmers who are progressive and Who are getting their places improved each year. The progress being made by the state is material and it will continue.” The ex-governor spends his winters in the south and he stated that that part of the country was attracting a large num- ber of immigrants and was fast building up and becoming rich. Landis Succeeds Nelson. Harry D. Landis of Seward has been ap- pointed deputy clerk of the supreme ocourt to take the place of E. W. Nelson, re- signed. Mr. Landis was in the land com- missioner's office under Commissioner Wolfe and later read law and was admitted to the bar. Mr. come manager of the FitzGerald dry goods store. Overrules Porter's Demurrer. It is beginning to look as if former Sec- retary of State Porter would have to put back that marks and brand money. Judge Holmes this morning sustained the de- murrer of the state to Porter's answer in the suit brought to secure the money for the state. Pass on Tax Law Sale. The attempt of Valley county to foreclose on properiy bought at a tax sale was un- successtul, the supreme court holding that a county cannot foreclose without a ‘sale first having been made by a county treasurer. The county brought foreclosure proceedings against Maggie B. Milford and her husband tu foreclose a lien for taxes upbn certain property in the town of Ord. The frst cause 0f action was upon sale certificates issued by the county treasurer upon sales made to the county after the property had been offered at public tax sale and re- mained unsold for want of bidders. An- other cause of action was an attempt on the part of the county to foreclose its general lien for taxes without a sale having first been made and a certificate lssued. ‘The demurrers of defendants were sustained as to the first and second causes upon the grounds that the statute of limitation had run as to the tax sale certificates issued to the county. It was overruled to the third, fourth and fitth clauses, and the ac- tion was dismissed as to the first and sec- ond, ahd a decreé of foreclosure as to the third, fourth and fitth causes of action. Both parties appealed and the questions presented are: Can the county foreclose a lien for taxes without a sale in' due form having first been made by the county treas- urer and a certificate issued, and, second, does the statute of limitations run against the county in a proceeding to foreclose its lien after purchase at tax sale and the is- suance of tax sale certificate in accordance with the law? The opinion of the court, written by Com- missioner Kirkpatrick, sald: “A county cannot foreclose Its llen for taxes without a sale first having been made by the county tréasurer and a certificate of tax sale is- susd thereon “A foreclosure proceeding upon a tax sale certificate by a county must be brought within the time limited by section 1, article fv, and section 2, article v, chapter lxxvil, Compiled Statute. “The five-year !Nmit within which fore- closure proceedings upon a tax sale certifi- cate must be brought does not commence to run until the expiration of the two years within which the tax debtor may redeem trom the “The county’s lien for taxes is not ai- vested by the fallure of the county to fore- close its tax lien within the time limited by the etatute, but the county may again pur- chase at fax sale for the years covered by its prior purchase. Railroad's Title Good. The supreme court has reaffirmed a de- and others who claim title to an elevator site on the right-of-way of the St. Joseph & Grand Island Raflway cpmpany in the town of Fairbury. The raffway company brought suit in the district court (> recover pos- session. The defendants asserted title by adverse possession and proved exclusive occupancy under claim of right for fif teen years. The trial court, however, he! that the statute of limitation had no ap- plication to the case and gate judgment in favor of the railroad. This judgment was reviewed and affirmed by the supreme court and s now reaffirmed, the opinion being written by Chief Justice Sullivan. The plaintiff acquired its right-of-way by an act of congress and it contends that the implied condition upon which the grant was made necessarily excludes the theory that a private individual or corporation may obtain title to any portion of such right-of-way by adverse possession or otherwise. Cannet Tax Without Hemefits, The supreme court has decided that low, wet, swampy lands, totally unfit for frri- gation, cannot be taxed for irrigation pur- poses. Harvey B. Andrews and others were owners of such land and the Lilian Irrigation district attempted to bring the lands within the district for taxation, The tormer judgment of afirmance of the court is vacated and a judgment of the district court is reversed and the cause remanded for turther proceedings. Bryen to Make Statement, J. Bryan s on his way to New Haven, Coan., where he will again take part In the proceedings connected with the Bennett will. Mr. Bryan has prepared a complete statement of this case and it will appear In tomorrow's issue of his weekly paper. Omaha Loses & Point, The judgment in the district court has been afirmed in the case of Helen Hodg- nst the coity of Omaha, In a suit special assessment. Commissioner w. Oldham's opinion says: “The provisions of ssction 144, article 1, chapter Lxxvil, com- plled statutes 19(1, apply to special assess- ment as well as to taxes levied for gen- eral purposes, and that the provisions of this section were made applicable to cities of the metropolitan class by the repeal of of the charter of metropolitan of revenue" fs broad enough to Include provisions for special assessments. A taxpayer who has compfled with the provisions of section 144, article 1, chapter Ixxvil, complled statutes 1901, mpy bring an original action against a city or county to recover illegal taxes pald without filing his claim' before the eity council or Board of County Commissioners. NEW ORLEANS, Nov. 5.—Considerable importance is attached to the visit here of Messrs. Adam Ruelinch and W. Blenjder- stein, prominent bankers of Amsterdam and London, who are largely Interested as stockholders in the Kansas City Southern rallroad. They are understood to be looking into conditions in connection with an ar- rangement between the Kansas City South- ern andsthe Red River Valley road whereby the Kansas City Southern may find an out- let to New Orleans. Its present gulf port is Port Arthur. The Red River Valley will shortly have a through line from Shreve- port to New Orleans, and has been planning for a steamer line to Europe. Runaway Couple FREMONT, Neb, Nov. b.—(Speclal)— Rolla Bouller and a young woman by the name of Scott of Cedar Bluffs, were de- tained here on the request of young Boul- fer's father by Chlef of Police Daugherty. Mr. Boulier telephoned to the chief that his son, who is 20 years old, and the Scott girl were eloping to Omaba and to de- tain them when they changed cars here, which he did and the young couple were obliged to go back home. Young Bouller s a son of ex-Representative Bouller of Sanuders county, and his would-be bride, who is an attract/ve girl, claims to bel8 years of age, but looks younger. tercepted. Beatrice Bank Block Nearly Complete. BEATRICE Neb, Nov. b.—(Special.)— The new Beatrice National bank block, which has been In course of erection here since last spring, is about completed and it will be ready for occupancy about De- cember 1. It is probably the most modern bank buflding in southern Nebraska and will cost about $30,000. CASE ENDS IN CONVICTION Former Secrgtary of Political Club Sent to Prison for Election Fra ST. LOUIS, Nov. 5—The case of Adolph Fein, former secretary of the Hebrew branch of the Jefferson club, a political or- ganization, ended late today, after three days of trial In the United States district court on charges of alding and abetting in naturalization frauds. Fein was sentenced to five years In the penitentiary and fined $1,000. After the adjournment of court Mrs. Fein severely pummelied Abram Gottesman, a witness, as he emerged from the courtroom. It was with difficulty that friends succeeded in dragging Gottesman away. Fein will be taken to the penitentlary within a day or two, as there is no appeal. Announcements of the Theaters. Clay Clement will return to Omaha after an absence of several years, appearing at the Boyd this evening in his original suc- cess, “The New Dominfon” In this plece Mr. Clement assumes the role of a German baron, who hides his nobility behind his character as a botanist. He s unex- pectedly disturbed in his studies, being en- gaged on an examination of the flora of Virginia, when he is compelled to take up local anthropology for the time being. His presentation of an educated German, with incldental difficulties in handling the Eng- lish language; Is one of the best things ever shown In the stage. ;Mrs. Clement Is stiil_appearing -withatha company-as the young Virginia girl wHo Wins the student's heart. The engagement lasts over lunauy matinee. 4 One of the fentures that is making a pleasing ‘mpression st the Orpheum this week is Paxton's Art Studies, a serles of llving plctures reproducing masterpleces of famous artists. The young women who pose as modeld are attractive and do the work cleverly. The bill as a whole is scor- ing well to very large audiences, The next matinee will be given Saturday. ‘What They D a. Headache, liver complaints, bowel dis: orders nd Dr. ¥ing's New Life Plils. They are gentle, but cure or no pay. ¢ ¥or sale by Kuhn & Co- FORECAST OF THE WEATHER Promise of Fair Friday and Saturday, with Warmer Saturday, Nebraska. WASHINGTON, Nov. 5.—Forecast: ¥or Nebraska and Kansas—Fair Friday and Saturday; warmer Friday. For lowa—Fair Friday, with warmer in west portion; Saturday, Increasing cloudis ness and warmer. For llllnoh—rlll' Friday; Increasing cloudiness and warmer Baturday. For Missouri—Fair Friday and Saturday; warmer Saturday. For North and BSouth Dakota—Partly cloudy and warmer Friday; Saturday, rain or snow and cooler. For Oklahoma and Indian Territory—Fair Friday and Saturday. For Colorado—Fair Friday and Saturday. For Wyoming—Falr Friday; rain and cooler Baturday. For Montana—Fair in east, rain In west portion Friday; Saturday, rain or snow and cooler. . Loeal Record. oOFEICE OF THE WEATHER BUREAU, AHA, Nov. b.—Officlal record of tem- porature’ ang precipation compared with the correesponding day of the last three years: 1903, 1902, 1901, 1900, " Maximum _temperature... Minimum _temperature. Mean temperature 3 Precipitation . ot 1 .00 Record of lemrr-lure and precipitation at Omaha for this day and since March 1, 1908 “ 2 precipitation Deficlency for the da Total rainfall since March 1. Excess since March 1 8 Inches Deficlency for cor. period, 1802.... 242 inches Deficiency for cor. period, 180i.. 5.00 inches Report from Stations at 7 P. M. 04 inch 3,1 91 inches WEATHER. CONDITION OF wm a1 1 asiyea "THE “uopwIaPaIg Omaha, Valentine, cl North Platte, clear. Cheyenne, clear BSalt Lake City, Rapid City, del Huron, clea Willision, clear Chis ly nlnudy . clear partly cloudy 228223824383233823233 Havre, partly cloudy Helena, cloudy Blsmarck, partly Galveston, clear . T indicate Lu-u of g’-‘cflilblhn |nsegesarsassgenss | -viodus wmwixnw a:anst:nma:sua Incorporate New Rallrosd. PIERRE, 8. D, Nov. 5.—(Special Tele- gram.)—Articies of incorporation were filed with the secretary of state today for the Black Hills & Wyoming Rallroad company, OLDEST MAN IN INDIANA Alexander Ferguson, of Gillman, Ind,, is as vigorous, hale and hearty as when 35 years of age. He has a good appetite, perfect digestion, sleeps well and is HALE. AT 115 YEARS, Thanks “y my feel youngest son, now past 3. worked hard all life, yet place to see that every- thing goes right. rears ago | began tak- medicine that has ed my n| D lon, Every morning and every evening I take It, MR ALEX. FERGUSO o Years Old. pect to live many years yet. l‘ml ‘Duffy’s i the ever made for oid folks, and we always have and always in- tend to have a bottle of it in d |he huu-o RGUSON, Gil'man, to Duffy's am now going on 115th year, and 1 as strong as my who ‘I8 1 have my and am working 1 get around my “‘Alexander he seems to Some years amount does ago, and surprises life. UFFY'S 5 MALT WHIS- 1 did not sieep Now 1 have per- rest at night. being able well, Dufty's Whiske: Now 1 always have a rpemo and per- digesti ex- greatest nedicine m»d Pure Malt Whiskey. Mrs. Martha Fergu- won, aged 78 years, wife of this old man, says: is cer- tainly an old man, but be as young as he was fifty the of work he me. Some years ago he was troubled with not to sleep and it was then that he began taking Pure Malt he sleeps just Iike & baby and eats hearty. I a ways take some of the whiskey mornings and evenings when he does, and It certainly has aon. pes vwrld o §*am certain that Alexander would ot be enllh he now is if it wasn't for Duffy's Pure l(ll( Whll MRS, FERGUSON, 78 Yeurs O h-:‘ DUFFY’S PURE MALT WHISKEY erworked men, delicate women and sickly children. T S S e gevity, makes the 01d young and keeps the young strong. ‘coughs, colds, grip, bronchitis, preumonis, of good health and longevity, It cures consumptio and lungs, indigestion, dyspepsia and every form of 'stomacn (rouble; mnervousness, malaria and all low fevers. Jt s an abso- lutely pure, gentle and invigorating stimu- lant and tonlc; builds up the nerve tissues, tones up the neart, gives power to the brain, strength and elasticity to the mus- cles and richness to the biood. It brings into action all the vital forces and enables you to get from food all the nourlshment it contains. Duffy's Pure Mait Whiskey contains no fusil ol and is the only Whis- key recognized by the Government as & medicine: this s & guarantee. 7,000 doctors prescribe and 2,00 hospitals use “Duffy’s” exclusively. It you wish to keep young. strong and vigorous and have on your cheek the glow of perfect health, take DU Fres PO MALT WHISKEY regularly, a tableppoon- ful in a glass of water or milk, three times a day, and take no other medicine. It ix dangerous to fill your system with drugs that poison the system and depress the heart.” DUFFY'S PURE MALT WHISKEY tones up and strengthens the heart's action and purifies the ent DUFFY'S PURE MALT WHISKEY has 8tood severest tests for fifty years and nas always been found absolutely pure and to contain great medicinal properties. It strengthens and sustains the system, is a promoter catarrh, asthma, pleurisy and all diseases of the throat ~When you ask for Duffy's t Whiskey, he wure you get ne. Usserupdlous deal mindfal of the excellence of preparatiol will try to well yom malt whiskey ftively harmfu and be sure contains medicinal, health giving litles. Duffy’s Pure Malt W wold in wsealed bottles on! Look ftor The genulne is sold at all druggists' and grocers’, or direct, $1.00 a bottle. able medical A vaiu- book containing symptoms and treatment of each disease and many testimonials will’ be sent who will Rochester, N. free to anyone !eY Duffy Malt Whiskey Co.. 100 YEARS OLD Still hale and hearty. The greatest wonder is not how but how by their present habits so many live to be even 80. Don'’t eat twice as much as you nee seople manage to live to the age of 100 years, gtudy the laws of health and observe them. d. Make your diet of ~ DRPRICE'S WHEAT FLAKE GELERY FOOD That will not abuse your stomach. determined to live 100 years, Take plenty of leg exercise, refreshing sleep, outdoor air, and be You will make it. l'almblo—lluirltious—Easy of Digestion and Ready to Eat .!nl‘l‘r-n on every 7:30 A. M. P M. ke 313 Omaha Nat’l Bank Electric Lighted Limited leaves Omaha at 7 Bluffs at 8:20 P. M. Arrives St. Paul at 6: 5.: A M, Mlnneapuhl The Day Express ieaves Omaha at 7 at 8:00 A. M. Arrives St. Paul 7:38 P. M., Minneapolis at 8:10 GENERAL ACENT Bldg, OMAHA. DD E R s Dr. Price, the creator of Dr. Price's Cream Baking Powder and Delicious Flavoring Extracts. AMMMT‘u“mMflnmhfl-flb‘mhmm Propared by PRICE CEREAL FOOD CO,, Food Mills, BATTLE OREEK, IIGI.. Main Nllus. GIIM“- Chicago Great Vlesiern Railway Announces the Opening of the New Short Line to St. Paul and Minneapolis Two Superbly Equipped Trains daily, mn].mg fast time. The 7:55 P. M., Counecil 7:35 A. M., Council Bluffs The Fort Dodge Passenger leaves Omaha at 3:25 P. M., Coun- cil Bluffs at 3:50 P. M. Arrives Fort Dodge at 8:00 P. M. All trains leave Union Depot, Omaha, and Chicago Great Western Station, corner Main St. and Ni For further information apply to GEO. F. THOMAS nth Ave., Council Bluffs. COUNGIL BLUFFS. with headquarters at Rapld City and & capital of $700,00. The line is to be thirty- five miles in length and to connect with the Elkhorn road at Rapid City and the Bur- lngton & Missouri River road at Mystic, and will all be in Pennington county. The directors of the road are: Charles D. Crouch, Francis Sleberling, Frank A. Ste- berling, Fred E Smith of Akron, O, E. V. Hurlbut, Jacoh 8. Cants of Rapid City. The stock is all subscribed, all but & few of the shares being held by Crouch and Francis Sleberling. Crouch was one of the prin | cipal creditors of the old Wyoming & Mis- souri River company, whick was recently closed out by order of the court, and its grade of- the nmolll-u'num bought 8 by him. | | “THIS LITTLE PI§ OUNTRY Hllill fi.—“"’ E 3'-\1 . -"l o "’k.'.'.t: