Omaha Daily Bee Newspaper, March 29, 1910, Page 3

{ J ’ 1y f Gas B ORDON GETS 0¢FICe — preme Court Holds She May Be County Treasurer. INCUMBENT HELD TO OFFICE Inspector for Updike Grain Company Finds Wheat Damaged Not | to Exceed Ten Per Cent. (Prom a Staff Correspondent.) LINCOLN, March 28 —(Special)—The su- preme eourt holds In the case of Gertrude Jordon of Cherry county that & woman s eligible to the office of county treasurer in the state of Nebraska Miss Jordon Is 2 years of age and has been deputy county treasurer for seven years. She was elected county treasurer of Cherry county last fall. reetving 95 votes, or & majority of M2 over her opponent. Ernest B. Quible. She quall- fied for the office and Mr. Quible refused | to turn the records over to her, alleging that a-county treagurer must be an elector | of the county and: that as Miss Jordon f» not an elector within the meaning of the | copstitution she was not entitled to the oftice, -Mies Jordon flled an application for & writ of mandamus to compel him to turn over to Ner the books and records of the office and the writ was allowed. Judge Fawcett filed a dissenting opinion. Wheat Not Badly Damaged. An agent of the Updike Grain company after a eareful inspection of the wheat fields in the territory covered by the tom- | pany has reported that altogether there has not been damaged more than 10 per ernt of the crop. He was unable to find any evidence of farmers plowing their wheat, but on the other hand @i uvered they seemed very weil pleased ~ith the » . Russell Junkin, graduate of the university | agricultural farm, bas writte to his | father/ Secretary of Sinte Junki hat the wheat In Gosper county f« Soine v well, and there s little of it da=~- Jun- kin wrote that some of the w Iooked dead or badly MAmaged, but an vestiga- tion of the roots convinced him that it will come out all right. A rain within the next ten days, he wrote, would insure a good €rop. Injunction Mearing Postpon The hearing on the application of the Commercial club of Alliance to restrain the State Normal board from locating the new | normal school at Chadron has been post- poned untfl Wednesday. The hearing was | set for this afterncon, but owing to the absence of N. K. Griggs the hearing went over. F. M. Hall and Judge Crites appeared for the eity of Chadron, while C. C. Flans- burg appeared for the Commercial ciub of | Aillance. Deputy Attorney General Grant Martin appeared for the normal board and flled with the court &n affidavit for Luther P. Ludden, secretary to the board. In his affidavit Mr. Ludden set out the action of the board in locating the school and show- ing under What authoeity It acted.. Hunting Automobile Owner, Mrs. H. D. Happy, 19 North Seventeenth street, Counell Bluffs, was at the office of | the secretary of state this morning looking | for the mame of the owner of attomobile | No. 1,025, Nebraska. This automobile, Mrs. Happy said, ran:over her 1i-year-old son last September in Council Bluffs:and broke | * bis leg.phove the knee and” internally. The records in. the office of the secretery | of state show that this number was issued to Mrs. W. .D. Godfrey of Omatm In 1907, | but no tax Waving been pald since then on the’ number it has been canceiled. If the | number is being used the law s being vio- | lated. The machine described by Mrs. | Happy dees not agree with the description | of the muchine for which the license was . Miner Raises Lumber: Jess Miner of Friend called on the gov- ernor this morning to show him pictures of .a forest which he planted thirty years | ago and from an acre of which he recently cut 18000 feet of lumber. He also had pic- tures of his house and severai barns which | were constructed of lumber from his forest. Back to Prisom. Jennle Geiger, who was sentenced to the | penitentiary for thirty-nine years for mur- | and who was recently transterred to the | coln Ipsane asylum, has been returned | , to the prison. Df. Woodard pronounced the | * wpman cured. Recently she escaped from | the asylum, but was captured within twenty-four hours. g Ask for Rehearing. © [he Wells-Abbott-Nleman company of WBehuyler is not satistied with the decision “of the raflway commission, which was that jthyf Utfon Pacific and the Burlington need put In & transter switch at that place. :an and Rait have filed a motion for a %Yehearing of the case, alleging that the commigsion erred in its decision and that | ey have further eviderice which they de- l sire to introduce. The motion for the argu- ment for the sehearing has been set for | Aprit 1. s Objeet to Suggestion. The announcement of the Burlington that T Antended to give better train service on | s Oxford-Hastings line by putting on a “ew train, to leave Oxford in the morning, | 0 to Hastings and return In the evening. | aa created a storm of protests. Paliway commission has received petitions | Riverton. Cowles and Red €loud ob- | to this mapner of settling the con- treyerny. The petitioners desire the train to leave Hastings in the morning and re- tut in He afterncon. This would be to the benefit of those who desire to visit| the gounty seat of Webster county. Burlington Cuts Wires. The York Telephone company has filed & complaint with the Railway commission Against the Burlington because that road ordered the cutting of wires at Grand Is- land. These wites pass over the Burling- ton tracks and wires. The Burlington de- fended | its- action, so the commission an- riunced, by saying the telephone company tb the'statdtes and had made no agreement With I before putting up the wires. | The Unlon Pacific, Burlington, North- T &bt wectiredl 1th right-of-way according | N\ | garding the shipment of household goods Injpred Mimt &fr?e?‘n-‘fl"-i‘;‘ &Tk? and I Nebraska western. Rock Island and Missouri Paelfl raliroads have asked permission of the Rallway commission to change its rule re At the present time the raflroads assume acter at the rate of §6 per 100 pounds. companies are willing to Assume responsi- bility not to exceed $10 per 100 pounds or in proportion on all 190 pounds. Peter Shem Apeals. “Peter W. Shea, who was sued by Gomer Thomas, county atiorney of Harlan county, for libel and received a verdict for $30,000 has appealed to the supreme court. Shea published a circular charging Thomas with not performing his duties as county at- torney to the best interest of the county. With these charges wers a number of in- sinuations. Phomas got a verdict for $3,000. No Relief for Dirkse: Harm Dirksen sentenced to the penitent- oary for six years from Boyd county will get not relief from the supreme ocourt Dirksen filed his appeal after six months following his conviction for criminal as- sault, which the court said was too late for it to assume jurisdiotion. Treasurer Must Pay. When the regents of the state univer- sity present a warrant to the state treas- urer for the construction of two experimen- tal stations in western Nebraska, the su- preme court held today that officer must i eash that warrant out of the temporary university fund. The court some time ago held to the same ;. | opinion, but was asked by the state treas- % | urer to maks the decision more definite 8o -} | that he would know out of what portion of the temporary university fund he must [ ¢ ] goods of less than to the temporary fund, whether derived & from the one mill levy or any other source 7 pay the biil. The court modified its order | from any other source. | Supreme Court Opinions. & The following opinions were filed in_su- ‘.a preme court: Hamilton against Allen; reversed and re- ,%]' manded; Rose, J. . Peru Plow and Implement company * | against Johnson Bros.; reversed with in- structions to dismiss the case without prejudice to a new action and at costs of tife; Sedgwick, J rence against Cunningham; affirmed; Sedgwick, J Boler against Schappel: affirmed; Reese, C. J.; Letton, J., not sitting. Carlin against’ Sewall; affirmed; Let- ton, J. ) Meintyre against Cunningham; affirmed; | | Root, J.; Letton, J., not sitting. { | Scott against Micek; affirmed; Fawcett, 3.; Letton, J., not sittin County_of ‘Gage agalnst Wright; af- firmed; Sedgwick, J. County_of Gage against Wright; af- firmed; , J. Lincoln Tent and Awning compan: sgainst Missourl Pacific Raliroad com: P Vi aftirm, se, C. J. Bryant against Modern Woodmen of A . «v-ecsed ana remanded; Let- ton, J Nebraska Material company against See- Us: atriewiia: Rost, J.; Letton, J., not sit- ting. Yeiser against Jetter; reversed and re- manded; Barnes, J. | Hall against Baker Furniture company; affirmed; Root, J.; Barnes, J., not sitting. Drainage District No, 1 against Rich: son county; affirmed; Barnes, wick, J., dissenting. State ex rel. Bushee inst Whitmore; on motion to make opinion more definite and certain, former opinion modified; Root, J. Donnlély against State; affirmed; 2 Dickson against State; proceedings dis- missed; per Curiam. State ex rel. Jordan against Quible; writ allowed; Rose, J.; Letton, J., concurring separately; Faweett, J., dissenting. The following are rulings for motions on rehearing: . er 54.:. Teave e second mo- the same o e ind lood Mr. Sullivan will expend -"-I eral thousand doilars in Improviug tne plants at these two places. V7 g tmana Campaign at Humbolt, .1 HUMBOLDT. .Neb., March 33—(Special.)— granted defendun tion for rehearing frightened and him under the wagon. develsps severe internal injuries-it Is ithought -he will recover. quali B Look started to -run, throwing In_the mix: he sustained severe wounds abovt the head. Nine stitches' had (o’ be' takesn to elose (them. Unless it there ar set for argument at the The Presbyterian church was crowded PLATTSMOUTH-The summer weather A ine extent of It capacity Sundey. evening | 143, catsed 'thepear? et Slunt “rees yle against Chicago, Bu & " cherry trees and applé trees to bloom in Quiney Raliway company; order that leave |and the audience listened to an able ad- |this vicinity, Many of the farmers have be granted defendant to file second motion | dress from Rev. K. J. Cardy, the postor, on sown thels spring wheat and are plowing lor rehearing same B ’, « | for oats, but a few are husking corn In for argument &t the session commencing | The Honored Citizen's Responsibiiity.” |yl TOUL " why fapmers say that rain is April Smith against Garbe; overruled. Burrowes against Chicago, Burlington & Quincy Railway company; oral argument ordered on motion for rehearing at ses- sion commencing April 18. Trenerry against City of South Omabha; overruled. Pennington County bank against Bau- The service was in the nature of a union meeting, the other congregations being dis- missed at that hour, and was the first pub- lc effort in behalf of the temperance work connected with the municipal campaign now on. Humboldt is following out the plan it early with arrange rousing celebration of the Fourth of July Strong committees have been appointed to work tn conjunction and a glorious time is promised with every needed very much. The winter wheat and rye in the fieids is loeking fine. RUSHVILLE—Rushville Is starting ments to have a big. ith the Booster club ) X b 3 man; overruled. inaugurated last year, representatives of .,;g,'“,"',:“;,‘:.‘“::,‘.“.f..";‘;;‘;';‘ e g.,'fl.,:q',f‘ the two forces meeting and jointly selecting | committees have been’ appointed: Funds, Farm Houses abide by the result of the vote on the Cooper and C. L. Mayes; sports, F. . issue. The ticket is made up as follows sarnes, Ralph oGod and L _C_ Mus: DI‘OP lnto RlVCl‘ Mayor, H. E. Boyd; counciimen, M. M |floats, E. J. Helmbolt R F. Kitterman Sterns and W. P. Collins; clerk, W. G ¢ (ORI Peali Jausto, s 2. Siznubis, —— ». J. Nieisen, Ralph Good and E. V. Hip- Lydick; treasurer, L. . Hackett; engineer. | "ucx were uppointed (o buy steers and get | n"nd Acres W. J. Dt . he Indians to come fto the ebration; Several H: Cut AWy | e ey are bresent incumbent. | [ works. Charles M. Jack. J. D. Scott and by the Missouri in Vicinity y g T. L. Wilsen; concessions, Charles M. Jack. PORER v e HUMBOLDT—J. 8. Bowers, . for of Barney. S 3 > cars a resident of this Scction, who re- SUTTON—Mr. Alfred Anderson and Mis: sently retired from farming and has been Hazal Treodson wers married at Clay Cen ter Jast Wednesday. s UBLICAN CITY—The license voters ed in nomination 1o C. A. Luce, Georg Cramer and Dr. J. B. Vallicott, SEWARD—A wedding was celebrated & the parsonage of the First Methodi: church here iast night when Mr. Bertrax B. Neal led to the altar Miss Hazel Mar Wicks. NEBRASKA CITY, Neb., March 238.—(Spe- | clal.)—The Missourl river s still cutting away the banks south of this city. Many acres of fine farm lands have been lost, | dropping Into the mighty flood, since the river began rising some three weeks ago.| The river is falllng now, but still continues | to cut away the banks and at some places 0 i. one ticket, made up of men who agree to| I ¥ Jones, P. O Sheer and falph Good H. Jones, P. O. Sheer and Raiph Good: Joarding at the hotel in town, aied at tae 1ome of Charles Hosford in this city Sun- lay night. HUMBOLDT—H. A. Soitt, one of the pio- 1eer merchants of this city, after a busi- ess activity of thirty-three years, has dis- osed of his hardware stock to his nephew, limer T. Scott, who is closing it out. He vill Teave for Seattle. Woodmen Initiate. very rapidly. The Burlington has been com- pelled to take up its track at Barney and mail and passengers are being trans- ferred over the break to and from: trains that run to either side of where the tracks are out. Just how long this transfer will take place, none are able to say, but it will be until the new track, nearer the bluffs is 1pieted. Several farm houses have been carried away because they could not be moved. Saturday the home of James Tollner, an T | */8ht-room house, went into the river and was carrfed away. All of the doors and windows were saved, but that was all Hundreds of acres of land have also gone in and all of the residents near the river are moving their houses nearer the bluffs. The county has compieted tearing down an eighty-foor steel bridge and hauled the iron up onto the bluffs. It is hard to estimate the number of acres that have been carried away this spring, but in & number of in- stances some farmers. have lost a section, others a half and a quarter, one man I nearly two sections of land and is rutned. Electrical BEATRICE, Neb., March 35— (Special Telegram.)—The Iitigation over the plant of the Beatrice Electrical company between E. J. Sullivan and Paul Horbach et al. of Omahba has been settled out of court and the former has been given possession of lxhc property at Beatrice and Wymore. It IlflD__lGBTlON. GAS . AND HEARTBURN GO Relief in Five ‘llhl Awaits Every | If you will get from your pharmacist Sufferer Npt will remain undigested or sour on Your stomach if you will take a little Liapegdin occasionally. Thiy - powerful digestive and antacld, though as harm- | less and pleasant as candy, will digest and " ¢ gsaimilation into the blood all | the you can eat. Miat your stomach eraves, without the fear of Indigestion or that you %ill be bothered with sour risings, on Stomach, Heartburn, from stomach, Nausea, Bad Breath, Water Brash or a feeling like you had sWallowed & lump of lead or other disagroeable miseries. Should you be suf- fering now from any stomach disorder §OU can got relief within five minutes. 8 G0-cent case of Pape’s Diapepsin you could always go to the table with a hearty appetits, and your meals would taste good, because you would know there would be no Indigestion or Sleepless nights or Headaches or Stomach misery all the next day; and besides, you would not need laxatives or Hver pills to keep your stomach and bowels clean and fresh. Pape's Diapepsiii can be obtalned from your druggist. and contains mere than sufficlent to thoroughly cure the worst case of Indigestion or Dyspepasia. There is nothing better for Gas on the Stomach or sour odors from the stomaeh or to cure a Stomach Heaflache, You couldn’t keep a handier or'a more useful article in the house. TECUMSEH—Michael McCarthy, a well to-do living southwest of this eity, was kicked in the shoulder by a vicious horse. The shoulder blade was dislocated and slightly fractured. BTERLING—The school board has elected the corps of teachers for the coming year |as foliows: Prof. Owen Stewart, nrhn:}-.l; Miss Hagkell, assistant; Miss Lowe of Jop- {lin, Mo., rah Canfleld of Tecum- | seh, Miss Monner, Mrs. Evans, Miss Edith | Catchpole, Miss Macie Varner. UTICA—Early last Sunday morning an explosion occurred In J. F. Campbell's | restaurant. Roy Witters, who is employed there. refilled a can with gasoline while | the fire was burning. His hand was badly burned. The damage to the fixtures and Wur of the bulldings will not exceed REPUBLICAN CITY — Reports from farmers who come to this oity are very discouraging regarding winter wheat, es- peclally that sown on plowed ground. In cent Is re- many flelds dlm? of 8 ported. Wheat drilled in stocks s in ex- cellent condition and shows very lttlc a8 & result of the severe winter. SUTTON-The funeral services of Vern | Brownell were held in the Congregational church Sunday afternoon, conducted by the | pastor, Rev. Hawk. Mr. Brownell died | very suddenly at the home of Elmer Conn, | where he was employed &s & farm hand | Heart disease | of his death. He was an orphan, but leaves | one and four brothers. SUTTON—While about to begin work | Friday mo: at Alex Schelrmann’s the threshing machine Outfit And two large | stacks of wheat were destroyed by fire. | The high wind made the flames spread so | fast that nothing in the field could be saved and it was only by hard work that Mr. Scheirmann’s buildings were saved. All that was destroyed was partially coy- ered by insurance. TECUMSEH—Fred Cllluh\ux I::!l of Brush and they will move their i ! : g this county, is suffering with a disloceted county, . ‘| Grape-Nuts CRESTON, Ia., March 28 —(Special)— | Monday evening members of the Modern Woodmen of America lodge in this city will initiate a class of twenty-five members, and follow the ritual work with an elab- orate banquet. George Frink, state deputy, and F. R. Corn, head banker, both of Des Moines, will be present and assist in the work. Ne Disorder at Paper Mills. “)(uch 28.—Reports from Livermore Falls and Rum- where strikes are in prog- of the International Paper BOSTON, N. company. state that there was no disorder | today. It is believed it will not be neves- sary now to call for troops. of dire necessity doth breed a habit of inventiveness’’— Postum One a drink—the other a food—both can be used at the same meal to build up fagged brains and wearied stomachs. ‘‘There’s a Reason’’ POSTUM CEREAL COMPANY, Ltd Battle Creek, Mich. tising. It must be fresh. d. It must be so good that they will ) eat heartily of it. It is good bread that builds the flesh and muscle of our youngsters, just as it renews our own. It is good bread that keeps them strong and healthy and cheery. There is plenty of good bread in the world.- But there is only one best. That’s ® TIP-TOP BREAD 100% PURE Let the young folks give the They know what’s good. A pound loaf of TIP=TOP will build 1.7/10 ounces of muscle and flesh. TIP-TOP gives you more health-building gluten from the finest Minnesota wheat than any other bread ever made. It is made in spotlessly clean bakeries by the most approved scientific processes. Its delicious taste is only one evidence of its supreme ty. Let TIP=TORP itself convince you. Just try it “for goodness sake.” Look for the corrugated double loaf! for the label! Capyrigne, 199, by Tvan B. Nordhem MARINEWATEREXPERT HERE Dr. Leslic L. Lumsden Comes to See What Ails Missouri River. FIRST CONSULTS AS TO EXPENSES Part of These Must Be Defrayed by the Water Board of This City, Says the Doctor from Washington. | | | Dr. Lesiie L. Lumsden of Washington, D. C., has arrived in the city to take up an investigation of the Omaha water sup- | |ply. His card bears the inseription, “U. | S. Public Health and Marine Hospital Ser- | vice,” and the first answer Dr. Lumsden makes to a query is that for several years he has been ome of a corps of investigators | | who have been giving careful attention | to healthful water supply for cities, among other things. As to the length of his stay, Dr. Lums- den is not ready to fix a lmit. “Of course, I will first have to study the lay of the land. That means to examine the source of supply, ses the pumping stations, ~settling basins and reservoirs. How long that will take, and how much time will be consumed afterward In reach- ing & conclusion, I cannot say.” One thing that will have eonsiderable to do with the scope and thoroughness of Dr. Lumsden’s work is the matter of expense. The service with which he is cdnnected pays all his ordinary expenses, but in making such an investigation as he has on hand here means a good deal of extra expense that either the ecity or Water board must stand. Dr. Langfeld Also Comes. The health commissioner and Dr. Millard Longteld, city bacteriologist, accompanied | Dr. Lumsden to the office of Mayor Dahl- |man, where a discussion was had as to | the best method of procedure. Dr. Langteld reported, informally to Dr. | Connell the resuits of his trip of invests- gation in the east. The bacteriologist vis- ited the plants of Dr. John L. Leal at Jer- |sey City and Poughkeepsie, N. Y., where | Miles of the oxychloride of lime process is in opera- tion. He found that while the process does not make the water absolutsly pure, it does materfally improve its character. Dr. Langfeld is of the opinion the ideal system of securing pure water will be & | combination Of sedimentation, flitration |and the use of the oxychloride of lme. Until this perfect system is reached he be- lieves bolling and sterilization will always be more or less necessary. Dr. Leal expects to be in Omaha to get his plan into operation within the next. ten days. BESPANGLED VETERAN ON JURY John Browa, Slave and Soldier, Now Serves Country inm & New | apactty. John Brown, former slave and veteran of | the civil war, appeared on the new jury | panel Monday. Mr. Brown was resplendent like unto Solomon in all his glory, for his | chest was covered with an array of badges, buttons and medals of almost every adver- tising device known. & picture button of Theodore Rooseveit and cleansing material tnsignia. in honor of the hero of Osawattamie A “welcome to our city” nestied close to | verdict, \ e FOR SALE BY ALL GROCERS Prairie Fire Sweeps Cherry Range Covered By Blase and Part of Fire Hoaded South Unchecked. AINSWORTH, Neb., March 2.—(Speoial Telegram.)—The worst prairie fire to have visited Brown county in severa! years has been raging all day and has swept half across the county, a distance of about six- teen to twédty miles, sweeping everything in its path, claim shanties, ranch houses, barns, cattie sheds, innumerable hay stacks and range. The fire started in the southeast part of thé county about stxteen miles from Ains- worth and fust before it reached the Keech ranch it divided, one fire heading south- | ward toward Hofelt lake and the other go- ing almost stralght east. The wind the greater part of the day was of a velocity of forty miles and hour and the fire spread rapidly. At 6 o'clock this evening the flames had reached the Northiwestern rallroad tracks, two miles’ south and east of Ainsworth. The Northwestern ran special trains from Bassett and Long Pine, carrying men to fight the flames, and about 8 o'clock it appeared this fire was almost under con- trol. The fire which went south, however, 1s still traveling rapidly, despite all efforts to fight it, but on account of the great distance from here, with no means of communication, it is impossible to learn the extent of the damage. Jail Delivery at Alma. ALMA, Neb., March 28.—(Special.)—Carl E. Veline, who was held for trial at the next term of the district court on the charge of selilng mortgaged property, made his escape from the Harlan county fail Saturday night end it is evident that he had help from the outside. The padlock on the cage door was filed off and the file | together with a Dair of fur mittens was found in the outside reom. Veline is under $0 bonds in Phelps county on & like charge. Sheriff Carroll is making & strong effort to recapture his prisener, but thus Where Children Are Concerned Nothing is so important to grow- ing boys and girls as the quality and condition of the bread they eat. It must be sweet, tasty, appe- far has no trace of him. He is & man about five feet ten inches tall and welghs 180 pounds, smooth face with scar on lowar 1p and is a Swede. BUFFALO BILL’S HOME COMING IS ONE TRIUMPHAL MARCH Old Scout{ Meets Continunl Ovatiom Enmroute to Reunion and Recon= elliation with Wife. *“The home coming of Colonel W. ¥. Cody was one triumphal march from the time he got into Nebraska,” said T. J. Foley of Omaha, who traveled with the colonel from Cody, Wyo., to North Platte, where he is now being sumptuously entertained by the'entire community. “Word was passed along the line that Colonel Cody was going home and there was & continual ovation at all stations, especially along the Union Pacific west of North Platte. At Sidney the train stopped an hour and Colonel Cody broke away from the crowd to visit his old friend, Michael Tobin. Colonel Cody is staying at Scouts’ Rest ranch and it is learned from old settlers that they have become reconciled, as in- dicated by the press dispatches, although Mr. Foley did not stop at the ranch. Mrs. Cody is well liked by all the old settlers. Colonel Cody will be in Omaha Wednes- The !V_cathcr day. S ool m For Nebraska—Showers; cooler, , For Towa—Probably showers; warmer. Temperature at Omaha yesterday Des. 5a ] §a 5 Ta 5 | 8a o | 9a 5 | Ba ] | a k3 | um * { 1p. ™ 2p. bd 3p 81 ip 82 [ 5 §p. L8 7p. " 8Dy i | I i T ] i i : | i £ 3 i 2 £ £ | ¢ 4 E TF 1 i g ] | T in case be accepted. 5.—We o our - Omaba. prove ‘1:- value received, and ity merits in over that is th e onty Keeley Ingtitute in the state of Nebraska is located in THE KEELEY INSTITUTE, OMAHA, NEBRASKA. : Cor. 35h aad Cues Sts. Omaha Taks Maraey Sirest Car from Bithes Deper 4.——Our treatment Is ha-.:.m. world o T 1.—Drunkenness, sddictions are diseased 3.~—Therefore, sclentific medical trestment is nec- of sickness, none but the best should ver and has cases. > reasor we are at the head