Omaha Daily Bee Newspaper, November 6, 1903, Page 5

THE OMAHA DAILY Pabst has invented anewm t' ing process=it takes twwe as long and costs twice as mueh., But % makes malt of unequa.lecl strengt]l Pabst BlueRibbon 1s dear beer to brew,and good l)eer to buy -fbr 1t costs no more than inferior beers. For an and s uisite flavor, a rich mellow brew;, youll find it without a peer. -~ . Orders filled by Pabst Omaha Branch, Telgphone 79. LOVERNOR TO DECIDE FATE preme Oourt of Wyoming Refuses New Trial for Tom Horn. :UCH DOUBT AS TO HIS GUILT —— Jomplicated Oase is Now in Hands ot Governor, Who May Decide to Save Life of Noted Scout. — CHEYENNE, Wgo., Nov. pecial.)— The state supreme ocourt yesterday sent ‘ts mandate ih the Tom Horn murder case joack & the district court and Horn was ‘notifled by an ofclal of tha court the' l-lh penalty, The order read as et county. y of th c ? J‘P lln.rm t war- >, ch-"am‘u’mso This order is precaded by the findings of the supreme court on the motion of Horn Jor & new {rial, and fixing the date of his execution November 20. . Davelopments in Celebrated Case. Startling developments in the Horn case ocour with such startling rapidity that it ia difficult to keep closely in touch with the situstion. . It is & game for a life, and the participants are playing their strongest cards from day to day. Iz *le meantime Horn is lying in his narrow cell in the county jall, anxiously awaliting the action of the governor on his last appeal, which action will either send him to the peni- tentiary for life or to the gallows. Horn sees no one and no one calls to see him. His have not talked with him for than & week, for whenever he desires to communicate with them he writes .:‘?m’::‘fiul soun! “ant for the execution d judgmen & letter and it is passed out by the jailer, | Time, mlwllubdummpdlnthaum- . Everything, therefore, is soruti- by Sherift Smalley or his effcient | Tim. Young Woman Arrested. One of the latest moves of the prosecu- tion, and following clogely upon the arrest the amdavits of Horn's friends and others which were drawn for the purpose of in- Rtencing the governor. Miss Kimmell's Adavit be her own letters written to (he prosecution prior and during the trial of Horn. One of these communications makes the’startling statement that It Horn could net be con- victed without her assistance she woul pome, but If a conviction was certain with. put her she would rather remain in Mis- yourl. Governor Will Hear Argw This written evid: will be produced in ® few days and subfitted to Governor Chatterton. ‘The governor has Mvtufl the prosecution that he will pestpone the date of hearing fts arguments against Horn's appeal, it af- | v discredited with some of | star necessary, and as Prosecuting Attorney Stoll will not return from Laramie before Thursday, and as the hour originally set for the hearing was 2 o'clock Thursday afternoon, the governor will doubtless set an hour on Baturday or Monday for the meeting. This will give the prosecution time fn which to prepare its evidence. It is stated by one in authority’ thdt Ollle Whitman will be prosecuted for per- Jury and many of the others whose affidav- its are now in the hands of the governor will be prosecuted if their statements can be disproved. SPECULATOR GETS A VERDICT Ll for Momey Lost in a Deal on the Ohleago Board of Trade. BLOOMINGTON, I, Nov. 6.—A jury in the county clroult court today gave Oscar B. Green a verdict for $45,00 damages. He sued to recover money lost on the Chicago Board of Trade and an important The defense claimed that there was a bona fide sale of grain, while the plaintift argued that only options were purchased. EVENTS ON RUNNING- TRACKS Stewards at Aa wate Re uet Will Investi- t Work of Lord Badge. NEW YORK, Nov. 5.—The stewards of the meeting at Aqueduct today took up the sheets on Lord Badge and are in- the sudden improvement in horse. Lord Badge started and was badly beaten. Today eavily played, being backed down 1o 1.to 4 to 1, and won by six Results nu.un)llnl "Ovtn fia{lofif‘: For- 'won, ‘Monokanta. secon t.hlrfl. Time, 1 s 3 Becond {neo,‘ \andicap. one mla‘.na one rlong: Lord won, Brigand secon: Babor Sira: ‘rime T TMM o “lln‘ one mile: Garnish won, Lon jur second, Champlain third. !‘ounh race, Roslyn handicap, one mile one-sixteen! ‘Wild Thyme won, Ahllmudl second, Florham Queen third. ‘race, handicap, six furlonn Bel- rangue second, lette one mile: Erbe won, Trepan The Captain third. Time, 1:48. CINCINNATIL, Nov. 5.—Res First race, six furio ults Ill Golightly won, Fleron second, chel third. Time, “Becond race, six furlongs: Rainland w: Oudon second, Ben Akins third. Time, lJ!\fi Third race, one mile_and one-sixteenth: I servation second, Only three Fourth race, six furlongs: Orfee won, Ratlin second, Ben Howard third, Fitih race, nd one-half furlongs: Lida “won, Mollie ‘second, JFleatea third. Tim, llllh race, one jle: Mamselle won, Aracheu _second, allor's Dream third. Time, 147% Accused Ma LIBERTY, Mo., Nov. §.—Joseph Gaume of Kansas City, who has been on trial here for shooting Thomas H, Stack on the night of July 20 at Excelsior Bprings, Mo., has been acquitted. Stack was shot whil walking along the street with Gaum wife. Gaume Is a real estate broker and Stack ia & traveling man. Time, tted. Made Her Youny Ayaln -J"" !hm i m o b-tlhnltbod, h|r - F‘L‘“f udwmun be detected. See VI Va., was made young again by using HAY’S HAIR-HEALTH ""q:" St N ~‘-Jln‘lh this Y e i AT LEADING DRUQQISTS. .n‘h-ll&o-h Ndu- ) W'M-nmwu—n-n——--m PLAN T0 BRIDLE BIGC MUDDY Representative Men of Missouri Valley Moot to Ask Aid of Oongress. CAPT, CHITTENDEN ADDRESSES MEETING ‘With the object of exerting organized ef- fort to induce the national government to proefct permanently cities, towns and lands from floods of the Missouri river, fifty dele- sourl, lowa and South Dakota met in the auditerium at the eity hall yesterday and organized the Missourl River Improvement assoclation. Henry T. Clarke of Omaha, who presided over the convention and who initiated the movement, was elected president of the a soclation, Eugene J. Bullivan of Omaba secretary and Frank Murphy, also of Omaha, treasurer. Vice presidents from four of the seven interested states, who with the other officers will make up the execu- tive committee, were elected as follow Nebraska, Dr. J. B. Whittier of Decatur; Towa, J. 8. Dewell of Missouri Valley; M sourl, L. D. W. Vaivilet of St. Joseph; South Dakota, Adolph Ewart of Plerre. Resolutions, which will be used as a m: morial to congress and urged by petitions from cities and counties along the river, were adopted. They request congress to make liberal dppropriations both for pro- tecting the property along the stream and for making the river more easily navigable, and were drawn by a committee composed of John R. Webster, F. W. Maxwell, A. A. ‘Wila, Charles . DeLand and 8. W. Rav, enel Chittenden Leading Speaker, Becretary John H. Utt acted as secretary of the comvention. The morning session was oocupied listening to speeches and papers. Captain H. M. Chittenden, U. 8. A., engineer in charge of the Missouri river valley for the government, made the prin- clpal address. Other speakers were Sena- tor J. H. Millard, Dr. George L. Millér, E. J. Cornish, Judge E. M. Bartlett and John R. Webster of Omaha; Mayor E. W. Cald- well of Bloux City, Mayor C. J. Borden and J. W. Brockett of 8t. Joseph, and R. B. Windhem of Plattsmouth. A resolution, presented by Colonel W. F. Baker of Council Bluffs, requesting that the speaker of the next house of repre- sentatives appoint a congressman from the Missourl river valley as one of the mem. bers of the river and harbor commission, was adopted. Incidental to the organization it was ar- ranged that the executive committee be the actual working force of the organiza- tion, backed by a standing committee of one member each from each county and munielpality of more than 2,00 inhabitants along the river. Adjournment was made subject to the call of the president in or- der that another meeting may be held soon to adopt a constiiation and bylaws and to perfect concrete plans of campaign for the project involved. As Navi, Parts of Captain Chittenden's paper were: “There is a general bellef in other parts of the country that the Missourl river is a non-navigable stream, or that even if navi- gable it has practically ceased to be so. it is navigable for steamboats carrying as much as 600 tons from its mouth to Fort Benton, Mont.,, a distance of 2,385 miles— and this without any ertificlal aid In im- proving the channel. Bteamboats bave plied its waters almost continuously for ninety years. It is navigable today as it ever was. There is quite as much water in the stream. There are some new ob- structions, in the form of bridges, but these are more than oftset by the improve- ment work done by the government in re- cent years. There is no physical reason why boats cannot navigate the river from Bt. Louls to Fort Benton, just as they used to forty years ago. “Nevertheless, it Is a fact that the Mis- sourl river has ceased to be a navigated stream. All enterprises turn upon the question of profit and loss, and it has been found that the boats on this stream can- not compete with rallroads profitably in carrying freight. It is belleved that this is only a temporary econdition. Before the advent of railioads frelght charges were high enough to offset the risks and difficulties of navigation and still yleld a large profit. In future years, as popula- tion becomes more dense, river commerce probably will revive for local purposes. Why Congress Ald, “80 far as measures of temporary reliet g0 there is no doubt but that confress will grant the necessary funus to carry them, into effect. The point where it hesitated 18 when asked to bufld great works de- signed to keep the river within fixed limits narrow enough to maintain an increased navigable depth by scour. To most engi- neers and people who take an unblased view of the matter thig attitude of congress appears to be well taken. At present the end will not justify the means. In time it may. The day will come when the value of reclalmed lands, added to the improve- ment of navigation, will Justity it, but that time fs not now. “The second of the purposes of which ald s sought from congress—the protec- tion of riparian property—introduces a live problem of the most pressing and impor- tant character to the people of the entire valley. Of all the rivers in this country, and probably of all in the world, the Mis sourl 1s the most destructive of property along its banks. The wholly alluvial char- acter of its valley, coupled with its steep slope, causes it to be ever changing its channel, cutting into lands on either side and working destiuction which individual effort is powerless to prevent. The . de- structive character of the great floods of the Mississipp! has led congress to take up the systematic control of that stream. But these floods come only at long fhter- vals, whereas the destruction caused by the Missourl river is continuous. On the Mjssouri the loss is going on year in and year out and is so common that it scarcely attracts attention. A man's property, the result of years of labor, may be washed away in & few weeks. It is doubtful if in any other part of the country there is more suffering from causes beyond individual control, or more pathetic examples of hard- ship from the operations of the forces of nature, than along the entire valiey of the Missourl river. Property is In jeopardy everywhere, values are not what they should be, conveyancing is imperiled and the proper development of this natural garden country is indefinitely delayed. Remedy is Imperative. “The situation 18 one that must be met sooner or later with some adequate rem- edy, and te question now is what shall the remedy be? It cannot be the private individual. Neither is it ordinarily practic- able to do the work by combined effort. The agency to which this duty of protection naturally and rightfully belongs, and the only one that has the authority and re- sources to carry it out, is the general government. There. is no duty pertaining to its public works that is more deeply grounded in justice than this. “S80 far as the engineering problem 1s concerned it may be counsidered definitely ®olved and the question may be answered ‘with an emphatic afirmative It past -nfl-n has shown one tfing BEE: FRIDAY, NOVEMBER 6, 1903 more clearly than another it & that the | Missouri river can be more easily coaxed than driven; that it will follow a smooth, even bank which has been carefully riv- etted better than it will yleld to a bold obstacle thrust out bodily in the channel ““The primary consideration from the peo- ple’s point of view, but secondary with con- Bress—the protection of riparian property- 18 not definitely recognized a definite claim for help through the river and harbor bill. The primary consideration from the river and harbor point of view of commerce on the river is not satisfdctory and prob- ably not of suffcient welght to justity, in the mind of congress, extensive appropria tions. The problem before this convention s how these two considerations can be made to work in harmony. “In the first place, the revetment work 1s the most efficacious of any in improving the navigable channel, so that every mile of bank protected means a mile length of navigable channel improved. “In the second place, the principle of protection involved does no greater viol to precedent—no, not so great—as does the construction of levees at government ex- pense along the Missourd. “In these two facts ought to be found a key to the situation, ““The cost would be offset by these gains: First, full value of the lands directly saved from destruction; second, increase of value of lands assured of protection; third, the cumulative value of the protected property with the lapse of time; fourth, the benefits resulting from the ald to navi- gation.” Thanks to Obittenden. The convention gave Captain Chittenden & vote of thanks for his service, which were accepted as the views of an expert speaking unofficially. ‘The protection of the farms and towns from the ravages of this, the greatest of all streams, is clearly a na- tional undertaking,” sald Chairman Clarke. “The government owns the stream and we living along its shores are not permitted to touch it. The government should be asked to care for the contiguous land as it has done along the lower Mississippl. We ask not that the stream be made navigable, but that the richest valley in the world be made secure. A tenth part of the annual loss would insure this safety if the amount were rightly expended.” The burden of Dr. George L. Miller's ad- dress was deep waterways for transporta- ticn. He declgred that a waterway stretch- ing from New York to San Francisco is not impracticable, and that even now there is & movement on foot in New York to ac- complish this project. “The men I am addressing will live to see this country networked with great waterways,” sald the doctor, “and the great rivers protected so they cannot do a dol- lar's worth of harm. 1 hold it a necessity that a great nation must have great water- ‘ways, thus affording the cheapest means of transportation on earth. There is rapidly approaching a timo when the surplus prod- ucts of this valley cannot be moved by rail with any degree of economy. Young men, do not forget that there is to be & national development of great waterways in your time that will surpass anything in history, and it will make you all rich it you stick with it.” Congress the Power, Judge E. M. Bartlett thougnt that if the proper facts and representations could be made to congress appropriations neces- sary to protect land along the river may be obtained without great difficulty. R. B. Windham of Plattsmouth, who had lived in & Missourl river town for thirty- six years, told what had Béen accomplished by the expenditure of $30,000 at the mouth of the Platte fitteen yeifs ago. Ile said it ad resulted In the aceretion of two sec- tions of land in front of the city and had confined the channel in a permanent course for a considerablé ‘distance. Applause met Mayor Caldwell's declara- tion that the matter of deep waterways should come later and that the convention was interested most in the protection of the river banks. John R. Webster, who closed the morning session, showed by maps and described the encroachments and invasions of the river in the vieinity of Omaha. Senator Millard said: “I have lived close to the Missourl river for many years and 1 know that it needs close attention. I have séen many farms and some towns go iito the river. It is certaln that something should be done to prevent these occurences. A g0od #ized ap- propriation by congress I8 necessary to ac- complish results, 1 would advise you to bring the matter before congress in. ex(ra- ordinary session, not that there Is much probabllity that your memorial will be con- dered, but because it 15 well to get an early start. Anything that I can do to help gain river protection I will gladly con- tribute.” He was applauded when he entered the room and at the close of his speech. Following are the resolutions adopted: Petition to Congress. ‘Whereas, First—The Missour! river is one of the most important public highways of the United States, navigable for a greater distance than any other, flowing through or l!on! the borders of seven states, an Becond—Sald river has played a mosi im- portant part as a transporiation route in (he development of the western country, from the date of the Loulslana purchase to_the present time, an: ‘Third—The existence of this natural high- wl.vo(u)mm ce has heretofore exer d an Important influes n the regulation of unroud frd(hl rates Ihrou(hnul the val- le Fourth—The river, in its present physical condition, 18 as navigable today as it has ever been still a very important thor- oughfare of commerce and will m—vllnhly ‘ow in importance in this respect with the ncrease of population, and "Fifth-The Tiver by Its Action fn continu- ally cutting into its banks destroys agri- cuftural Iands, crops and other property to the value of 'millions of dollars annually and constitutes a perpetual me: [roverties along its banks, robs them of & arge part of their value, prevents new in- vestments and retards the development of the eptire country. The recent t flood In the lower Munour\ valley which destroyed many mil- lions of dollars’ worth of rty demands that the Missouri river shall receive from the general vernment the same consider- ation as is given to the Mississippt river in the matter of controlling its great floods. Seventh—The government h: apent sev- eral millions of dollars in the improvement of the river and the works so constructed, extending from the mouth to the head of | navigation at Fort Benton, Mont,, are serv. In‘ a useful purpose, but are suffering hom Ot mecessary funds to keep them in ! fl!'flr'. Resolved, First—That the United States all its rights over the Mis- s a navigable waterway and should foster the commerce of the stream b‘ clearing its channel 0' l age and eimilar structions, dredging rough its sand- bars in low in- creage Its navigable d Second—TI the pol! oy of the govern- ment heretofore adopted of lynnmnnenlly and permanently improving the Missourl river should be darnestly and vlmvrou-ly jursued until the entire river has ght under complete control. prosecuting this work it should be done at varfous localities along the river where in the judgment of the secretary of war tho best results can be obtained and as far (‘anl“fl. with the maintainence of “’ll navigable channel, be so des) conserve the double purpose o trafic and protecting the bottom jands ans other property from the ravages of the river, and Third—That the government flwu‘d take early m?"\ll’Qr lID Dl’;vl‘l'l‘\ far as pos- sible, a repetition o o Caused by the fiood of fong the lower 1 Mrorin—1 Ie{ the public works already otmatractad the river should be re- n ? aired and mllnl{lnefl and not be permitted 0 rrth-That metibers of congreas from the Missouri yalley be asked to make a com- bined effort to secure liberal appropriations In the next river and harbor bill for carry- ing out the foregoing purposes. Four States Represemted. The attendance was as follows: Sloux City, la., Mayor E. W. Caldwell, President L. L. Kellog of Commercial club, Commissioner A. A. Wild of Commercial club, T. C. Shull, F. L. Baton, president stock yards company; Captain H. M. Chit- tenden, U. B. A., engineer for Missourt | river; Council Blufts, I, Mayor’D. W. | Morgan, Colonel W. ¥. Baker, Dr. B. M. Californla Junction, Ia., W. A. Smith, P. J. Quist; Missourl Valley, Ia., J. 8. Dewell; Glenwood, la., C. It Dean; Onawa, Ia., Mitchell Vinciente. Plerre, 8. D., Charles E..DeLand. Columbia, Mo., C. B. Sebastian; Boone- ville, Mo., Samuel W. Ravenel, Charles Melerhofter; 8t. Joseph, Mo., Mayor C. J. Borden, Secretary F. W. Maxwell of Co mercial club, O, W. Waller, J. W. Brockett, Charles W. Campbell, George F. Casey; Rockport, Mo., John D. Dopf. Omaha, H. T. Clarke, O. B. Willlams, Dr. George L. Miller, E. M. Bartlett, E. J. Cornish, Rome Miller, John E. Utt, secre- tary Commercial club; B. J. Sullivan, John R. Webster, B. R. Ball, George G. Wallace, president Real Estate exchange; Health Commissioner John D. Ralph, John C. Cowin, Semator J. H. Millard. South { omahs, H. M. Christle; Decatur, Neb., T. 'R. Ashley, J. B. Whittier, T. B. Gordon; ‘Plllumoulh. Neb., R. B. Windham, F. J. Morgan, T. M. Patterson, C. C. Parmele, H. N. Dovey; Tekamah, Neb., M. R. Hope- well; North Platte, Neb,, H. F. Kellner; Dakota City, Neb, W. H. Ryan, R. E. Evans. ROBBERY A FAMILY FAILING Two Brothers Stster Under Arrest at One Time for Separate Offenses. ould zeal- CHICAGO, Nov, 5.—While Alfred Berger, in charge of a marshal, was waiting for a train today for Monmouth, Ill., where Bar- ger 1s accused of robbing a bank, the pris- oner's only sister, Hattle Berger, was being , taken by detectives to Milwaukee, where the police declare three charges of bur- glary have been made agalnst her. A brother, Gus Berger, is also under arrest. | | Known the World Gver For its wonderful cures—Dr. King'd New Discovery for Consumption, Coughs and Colds. It cures or no pay. For sale by Kuhn & Co. WITH THE BOWLERS. On Clark's alleys last evening the mours won two games from Beore: ARMOURS. 1st, 13 | ar-| e Colts. | ‘ Gilchrist Potter . Brunke Schnelder . Denman Totals ......... & WILLIAMS. I 20 0. Total 01 LENTZ Zitzman Totals Landon Brison A DISEASE WE INHERIT. Scrofula manifests itself in many ways. Swelling of the glands of the neck and throat, Catarrh, weak eyes, white swelling, offensive sores abscesses, skin eruptions, Toss of strength and weakness in muscles and joints. It is a miserable disease and traceable in almost every instance to some family blood taint. to child, the seeds are planted in infancy and nnlm the blood is purged and purified and every atom of the taint removed Serofula is sure to develop atsome period in your life. No remedy equals S. 8. 8. as a cure for Scrof- ula. Itcleanses and builds up the deteriorated blood, to hnlth SSS;i Scrofula is bred in the bone, is transmitted from parent 3 e’a rmq 4 ”""""':""':'.x."m; P ey O 180 South 5th Btreet. makes it rich and pure and under the tonic effects of thi the general health i improves, the digestive organs are strengthened, and there is a gradual but sure retarn The deposit of tubercular matter in the oints and glands is carried off as soon as the blood n restored to a normal condition, and the sores, erup- great Blood Remedy, tions, and other symptoms of Scrofula disappear. S. 8. purifier and tonic that removes all bl 8. is guaranteed purely vegetable and harmless; an ideal blood taint and builds up weak constitations, Our physicians will advise without charge, all who write us about their THE SWIFT SPECIFIC ©0., ATLANTA, 64A. . N case. 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