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8 THE OMAHA DAILY BEEr. WEDNESDAY. MARCH 28 , 1801.
COULD NOT CATCH HIS EAR Mr , Simcral's ' Ohaso After Certain Auricular Apparatus that Ho Devised , ANOTHER TUSSLE WITH JUDGE SCOTT Jlounil Tlirro In tlio Prrclvnl Contempt Caw , In Which n J'rultli'M llfTortViis Muiln to Hutu tlio Court Kocoril Corrected-Court Culllngi. When the criminal section of the district court , presided over by Judge Scott , con vened yesterday there was another chapter added In the case whurcln W , D. Pcrclval , The Hoc reporter , Is charged by Scott with being guilty of contempt. The bailiff hod ' rapped for order and the clerk had brought the court journal Into the room. The judge was upon the Iwnch and the Jury In the case ot the state against Anton Hcrncker , charged with re ceiving utolen property , was In the box when K. W. Slmeral , one of the attorneys \\lio represents Pcrelval , attempted to address the court , but was given a freeze that made him feel for the tlmo being that he was In- nldo of an Ice making machine. The full report of the proceedings Is as follows : Mr. Slmeral If your honor please , unless the clerk Is going to read The Clerk I am not going to read any * thing. Mr. Slmeral I wish to call your honor's attention to the fact that yesterday mornIng - Ing your honor Instructed the clerk to pluco an exception In the records of Saturday. I understand that order was afterward re scinded and I would like to ask that It he rondo that an exception bo placed In the record as your honor Instructed the clerk yesterday. Wo think tnat Is Important In the rights of our client. The Court I have called .tho jurors In this case. We will defer that , however. There Is a meeting down in Judge Ulalr's court respecting the death of Mr. Esta- lirook and I am requested to go down there- Mr. Slmeral begged the pardon of the court and stated that ho would wait until the Judge returned. The court was absent from his room some ten minutes , and upon his return Mr. Slm eral made an effort to catch his judicial car , but without any success , as the following Btcnographlo report of the proceedings will Ehow : Mr. Slmeral If your honor please , I have B motion In the Perclval case The Court I will not entertain It. Mr. Slmeral I think It h Important. The Court I will not entertain It. I have a Jury trial. Mr. Slmeral Your honor said The Court I will not hear you now. I will hear you In the course of a few days. Mr. Slmeral Will your honor sot a tlmo ? The Court No sir. I do not know what time to set now. Mr. Slmoral Your honor , this Is Important so that wo can get the journal correctly fixed. Of course I desire to have this cor rect , as your honor said you did. The Court I won't hear another word. Mr. Slmeral This is Important and I would like to bo heard at the present mo ment. Ignoring Mr. Slmeral the court stated : "Proceed with this case on trial. Where Is the defendant ? " "The defendant Is not present , " replied the county attorney. Not to bo bluffed Mr. Slmeral asked : "Will your honor hear this tomorrow morn ing ? " The Court I rnn't toll. Mr. Slmeral Saturday morning your honor has ordered this defendant up for sentence. It Is necessary to near this be fore that time. Ignoring Mr. Slmoral again , the court said : "The state can make Us statement to the Jury. " Mr. Slmeral Your honor The Court All of these matters will be attended to at the proper time. Mr. Slmeral I think this Is the proper tlmo that yesterday's journal bo fixed as your honor told the clerk. Your honor told the clerk In open court to make the entry and then told him privately not to malto It. We In an angry tone of voice the court re plied : "Perhaps you will force this court to act and perhaps you will not. " Mr. Slmeral I am hero to represent the Interests of my client , your honor. We should like to have an explanation why the journal entry Is not made as the court ordered yesterday morning. With a wave of the hand Judge Scott motioned Mr. Slmeral away and Instructed the county attorney to proceed with the case which was on trial. STII.I , TAI.KIMi AHOUr IT. City Attorney Council llellrvcs .ImlRe Scott Miould llu nt Unco Ittmiotccl. City Attorney Council I know nothing regarding the recent contempt cases ex cept as reported. If the reports are correct what has occurred Is to bo deplored. Judge Scott Is a disgrace both to the bench and bar. I cannot help , however , taking a somewhat lenient view of his ac tions , for I do not consider him entirely re sponsible. In fact , ho Is badly off his base. As I said to him soon utter ho was nomi nated , ho Is no moro fit to go on the bench than ho Is to go to heaven In a balloon. Knowing this to bo true , I opposed his elec tion and favored Judge Wukeloy , who unfor tunately > was defeated. Judge Scott'u wild and erratic utterances and actions make Mm a dangerous man to clothe with judicial power. Ills constant craving for the spec tacular leads him Into frequent and unnec essary Invective against real and Imaginary wrongs and enemies. I see no other way than to adopt the suggestion of The Dee by calling another meeting of the bar with a view of securing his removal. This Is not only duo to the legal profession , but to the taxpayers of the state who have to foot the bills for maintaining our courts. It would bo good economy to pay the salary of Judge Scott to the end of his term and allow the other Judges to do the entlro work. The future reversal by the supreme court of cases tried leforo ) him will demonstrate the truth ot this assertion , , H. W. Patrick I sat In the court room luring the Perclval proceedings , amazed that such actions should bo possible on the part of one clothed with the dignity and power of the judicial olllce. The article pub- llshed In The Dee merited condemnation , nnd the punishment of Its author , If untrue , ns It presumably was , there being no facts hot forth to substantiate the charge that Jardlno had a "pull" with the court. Yet the manner of conducting the prosecu tion , the attitude of the court toward the counsel for the accused , the manner of the Judge , his expression , words and looks , wora reprehensible In the highest degree. The proceeding was absolutely without judicial dignity , thus Inducing the very feeling In the community which It was the avowed ubject of the court to pi event. Clinton N. Powell I would rather not talk on the subject , as I must protect the Interests of my clients In every way that I can , but I think a whole lot. There Is but one opinion among lawyers regarding this matter. Judge Wakcloy I do not think It advisable for mo to talk about this matter at this time The tlmo may come later when I shall deem It proper for mo to express myself. I was on the bench for several years , and at one tlmo Judge Scott and I were opposing candi dates. For these reasons I might bo ciltl- clsed If I were to apeak as i feel on thin subject. Of course , 1 hove my own Ideas as to how these things should be conducted. tut I would rather not talk about the mut ter just now , W. II. Ue Prance The action of Judge Scott was unprecedented , and I do jjot licsltato to pronounce It a high-handed out rage , the like of which I never saw or even Jicard of before. The matter of changing the record In the case , as published. In thti morning's Dee , la , If true , oven worse than the other , as It shows a dnslra to fix up a fictitious record for the purpose of convicting a man , whether or no. Judge Scott seems to go on the theory of thu advice of the Irishman to his son ; "Whenever you see a head , hit It. " Judge Doane J served on the bench \vlU Judge Scott , and I do not wish to cay any * thing that he would take unkindly. Perhaps It Is best for me not to talk about the mat ter just now. If the statements as to what occurred are true ns published , and those who were present tell mo that they are , there were certainly some very peculiar things connected with the matter. I have the kindliest feelings toward Judge Scott , and I wish that he had taken another course nnd done differently , M. lj. Learned The course pursued by the court was unwarranted by any accepted principle of law , right or equity. Pcrclval might have gone too far In making the state ments ho did , If It Is true that he wrote the article , but Scott went more than too far In the other direction. Perclval was certainly entitled to a defense , but this was denied him , and he was found guilty without Its oven being proved that ho wrote the article In question. Ft A. Urogan A worse wrong was commit ted In the court room last Saturday morning by Judga Scott than was the contempt Itself. The court acted the part of prosecuting wit ness , prosecuting attorney and court , and fractured every cornerstone of the consti tution. J. I * Kennedy The proceedings were un fair for the defendant wan deprived of the right guaranteed him under the law to bo represented by counsel , and he was not ac corded a full and fair hearing. I do not object to the attempt to find out whether or not Pero'lvnl was In contempt , but I do object to the manner In which the proceed ings were conducted. A Judge should wait until ho U cool and fair enough to give an Impartial trial. No man can ever afford tn lie unfair nn Mm lintirh. J. E. Kelby The conduct of the Pcrclval case was outrageous. Judge Scott has a violent temper , and when ho Is crossed there seems to ho a little devil Inside that ho Is unable to control. The exhibition In the court room Is to be regretted. J. P. Hreen The proceedings were very Irregular , to say the least , and I so ex pressed my opinion at the time. It was something very unusual for the court to make a statement of facts as against the defendant , and I certainly could not approve the procedure of asking the defendant as to his guilt after he had bo-en condemned by the court. J. II. Shecan The proceedings were dam nably outrageous , and the action of the cour was arbitrary In the extreme. Talk about rights and things of that kind ! It makes a man wonder what they are like , and at the same tlmo wish wo might have them In this particular part of the universe. W. S. Curtis The proceedings were child ish nnd showed a lack of self-control on the part of the court. What Judge Scott did Saturday morning Is bound to bo reversed , as the Judgment In a contempt case of this kind may bo reviewed by the supreme court on error. Just the same us any other criminal case. The court was wroug In the Jardlne matter , and the action could not bo too se- ve.rely criticised. I regard the whole thing as exceedingly unfortunate. Judge Lake It was disgraceful. I was there for a short time , but left after satis fying myself ns to what was going on , for I did not want to sec it. I was on the bench for years , nnd at one time had ten counties In my district , but I never saw anything like It before. I had all kinds of attorneys prac ticing before mo , but never had any trouble. I always found the attorneys dis posed to stand by a court that treated them decently. It Is too bad that attorneys have to practice before a court where huch con duct Is Indulged. General J. C. Cowln The proceedings were disgraceful and 'the conduct of the court outrageous. It Is fearfully unfortunate that such things could be. A man cannot sit on the bench and shoot a man and call It a judicial act , neither can ho perpetuate any other wrong and shield himself behind the court. That position was never Intended to give one man the right to Insult another simply by taking advantage of It. The mere fact tint he sits on the bench does npt shield him to the extent of making wrong- acts right. T. H. Mlnahan The proceedings were ridiculous In one light and disgraceful In another. It was a most outrageous abuse of the discretionary power of the court , and the rulings would not be sustained by any supreme court In Christendom. I regard It as very unfortunate that any such thing should como up , as It is a reflection on the entlro. bar. Judge G. W. Shields The whole conduct of Scott was outrageous and not according to law. He should have listened to the readIng - Ing of any answer i > ct up , and should also have accorded the attorneys for the defcnd- nn a hearing. Not to do so was certainly oppressive. I was not present at the time of the occurrence , and base my judgment on the stenographic report -which appeared In The Dee , and which , I am Informed by those who were there , was correct. Two Criminal ( 'usrn. In the criminal section of the district court the case ot the state against Anton Bcrneka Is on trial , where the defendant Is charged with having Induced Shepard and Dennett to steal goods from the cars of the Elkhorn road , after which It Is alleged that he received and disposed of the plunder. Both Shepard and Dennett huvo pleaded guilty to the stealing nnd have placed the blame upon the defendant , who Is now on trial. In the case of the Commercial National bank against W. C. Collleld , the forger , who was convicted and sentenced to a term In the penitentiary , n stipulation has been en tered , by which the civil case will bo dis missed. The conditions of the stipulation are that the plaintiff Is to have $1,200 of the money attached and that the other property Is to bo released. In Honor of ( Icnerul Kxtnhraolc. The attention of the members of the district bench was yesterday called to 'the ' fact of the death of General Experience Estabrooko , and Immediately thereafter Judges Ilopewell , Blair , Koysor and Scott met In court room No. I , where In the presence of a largo number of attorneys , they appointed Attorneys n. Wakeley , J. M. Woolworth , George 1) ) . Lake , George W. Doane , Joseph H. Clurkson , Hcibert J , Davis and C. A. Baldwin us a committee to draft and report suitable resolutions to bo pre sented to a meeting of the bench and bar , to bo held at some subsequent date. It was suggested that the courts adjourn during the time ot the holding of ths funeral. The Judges stated that they would take judicial notlco of the suggestion and that they would Issue an order regarding adjourn ment. Minor Court .Mil ft ITS. Thomas , Alice ami Margaret McShane , by their guardian , John A. McShane , have for the tlmo being tied up the proposed Im provement of Lake street , from Thirtieth to Military avenue. They have gene Into the courts , where they have secured a tem porary restraining order , enjoining the city from opening or widening the street and also enjoining the collection of the special tax of J5G35. levied for doing the work. The plaintiffs allege that they are the owners of some acre property lying along the line of the street. The case will bo heard by Judge Ferguson , who has fixed upon March 31 as the data for the arguments. O > Do uot go tracllnt ? without a bottle of Salvation Oil , It cures a bruise at once. 25c. o llnydcn llros. Special announcement of sales for Wednes day will be found on the Gth page of today's paper. Grinding : Hazors. shears , cutlery and cdco tools. lS. . Stanfiehl & Co. , 1518 Dodge. CITY COUNCIL PROCEEDINGS Atlompt to Force Electric Franchise Ordi nance to a Vote Signally Defeated. MADE TO LIE OVER UNDER THE RULES Jlu cnll I'rctrntft Hrmllnir of n Letter from 1'iircli'o Con-Rill' * ltciiimliitnriit | | it * City Klcrtrlcliin Itrjrrtcd Hoard of llvnltli's Jiirladlctloii Increased. For nonrly Tour hours last nlgllt the city council ground out routine business In order to clear the deska and pigeonholes and eel things In Bhnpo to leave , In anticipation of the Junket to the Midwinter fair. ' All reference to electric lighting was de ferred until just about the close , when It came up In connection with ordinances on first and final readings. The first Hurry was when Klsasser Introduced an ordinance callIng - Ing for the repeal of the ordinances grant ing franchises to the Sperry and Now Omaha Thomson-Houston companies , ami two other new ordinances granting to the New Omaha Thomson-Houston company and to I'ardce & Co. franchises which were alike. no said tins was for the purpose of put ting each of the companies that would be doing business In the city on the same foot- Ing. Hascall and Wheeler were at once In arms ninl voiced a noisy protest. Hascall said the council had already declared Itself unani mously as opposed to the granting of any more special franchises to certain parties or corporations. Wheeler declared 'tlnit ho would not vote- for another franchise that was not prohibited from assignment to an other party , company or Individual. The regular order was pursued , however , and the ordinances were all referred to the dual committee that passed on the former ones. The light came on again a. few minutes later , when the Hascall "general" ordinance came up for passaje on third reading. Elsmsser said It was out of order as It had been Introduced but a week before. Hascall Insisted that It was merely an amendment to the 1'ardee ordinance Intro duced March C. Burklcy made the point that it had been Introduced as a substitute composite ordi nance to take the place of all the former ordinances , among which were ordinances Introduced March 16 , and hud not , there fore , been pending two weeks , as required by the charter. Ho said that the title was different , and It could not be called an amendment. The president sustained the point , and Hascall Appealed from the decision of the chair. The chair was sustained on roll call by the following vote : Yeas Uruner , Uurkley , Calm , Kdwards , Elsasser , Holmes , Jacobsen , Leinly , McAndrcws , Sannders , Thomas 11. Nays Hack , Boehel , Hascall , Parker , Specht , Wheeler 0. Kdwards passed until all others had voted , and the result was clear. The chair did not vote on the question of sus taining his own decision. This action sent the ordinance over. Has call said It It was a substitute It had not been read a first and second time. This point was sustained , and the rules were suspended to refer back to that order , and allow for Its being so read. It then went over for two weeks under the rules. The following communication was then offered the clerk , stating that It had bpon received early' In the evening , but had been mislaid : PAUDKK & CO. URGE ACTION. OMAHA , Nob. , Murch 27. To the Honor able Mayor and City Council , City of Onialm , Neb. Gentlemen : HecoKnlzliig thu necessity of Immediate action under our contract for lighting the city In order to , lummy relieve me pumic ot tne present extraordinary expense , and to Kctoiirai > lve. i In position IIH soon ns possible to servo our customers at a rate consistent with bum- nesH economy anil one which will promote the development of enterprises that require chenp power IIH well ns cheap light , we re spectfully ask the honorable mayor and city council to provide for us easements of right of way lit us early n date as possible as contemplated In our contract. This ciiHoincnt , we have felt , should be n charter for thirty years in order to pro mote and protect a. healthy business enter prise , and this , also , would be consistent with franchises for street railways , but In asmuch as a precedent has recently been established for gas lighting by making n franchise for twenty-live (25) ( ) years , we think It would be consistent with public policy to concede to such established regu lation , and we feel sure that In your liberality and In n spirit of justice you will not deny \is the advantages und privllPKt-s granted to our competitors In the gas lighting business. May we respectfully call your attention further to the fact that this Is a nuw enterprise , which must spend money , em ploy labor and do Its : > .m In developing this city , and may we aslc you to aid us in doing our part to relieve the present lethargic condition that exists In labor and commercial circles. Very respectfully , 1'AIMMOK & > : o. . Uy B. 'I' , i'nnluo Decliel was called to the chair , and the clerk began to read , but was soon Interrupted by Hascall , who , as soon as It was apparent what was contained In the document , de clared that It was "tho same old chestnut , " and Insisted that It bo referred \yitliout reading , and that the council adjourn/ It was sent to the committee having charge ot the electric light ordinances , and the agony was again temporarily over. The mayor vetoed the shade tree ordinance on account of certain Inconsistencies and be cause the power to compel the planting of trees was vested by the charter In the , mayor and council and could not be delegated to the park commission. It was recommended that , another ordinance bo pagsQdthat would ac complish the same result In a legal way. The veto was sustained by a vote of 13 to 5. A veto was also submitted on the resolu tion ordering the gas Inspector to take pos session of the room and property ot the late city electrician , on the ground that the proper person to taku possession was the superintendent of the building , who had al ready done BO by direction of till'mayor. ' The vote was unanimously sustained. WOL'M ) NOT IIAVH COWOIU. , . , The mayor submitted the appointment of M. J. Cowglll as city electrician In accord ance with the ordinance re-creating thai ofllcp. The appointment was rejected by a vote of 5 to 13 , those sustaining the mayor being Hrunor , Uurkley , Cah'n , Elsasser and iLomly. Hawaii's resolution placing the .garbage , plumbing Inspection and poundmastar'H work under the direction of the Hoard of Health and ordering the preparation of rillab to govern them was adopted. The committee on police submitted a re port setting forth that whereas the'garbage contract had been declur'd Invalid the Hoard of Health should bo directed to designate points for the dumping of garbage. The president stated that ho had fought the contract In the council and In the Hoard of Health , but wua opposed to this action , as It would leave the city holding the bap Ift. \ . meddled with the matter whllo before the court. The papers were sent to the Hoard of Health with the Ilascall resolution touching , hat matter. . , , The councllmen thun went through n brief epidemic of getting excused for thirty Any a , after which Hechel was elected preMOent ire tern to act during the absence of the iiajorlty. After adjournment the members were called Into the president's private room by Ilascall to receive a few moro advance , polntes regarding the junket. Awarded Highest Honors World's Fair. H Tbeonly Pure Cream of Tartar Powder. No Amniouioj No Alum. In Millions of Homes 40 Years the Standard. E ARE UUITTING-BECAUSE we are compelled to move out of the building BECAUSE we cannot get another build ing large enough and suitably located BE CAUSE there is no money in the business anvvvay and in short we are going to quit and nothing- will stop us. We will sell our entire stock at half value and less in order to realize something upon it and while we are selling it out we will make it very interesting - esting for-clothing buyers. We must sell out and right now , and if you know when you are well treated you will come to our sale which continues from day to day until all is sold. , , COMPELLED TO QUIT. 1,000 DOZEN HANDKERCHIEFS , DIS 3 FOB COMPELLED TO QUIT. . ABOUT 130 MEN'S SUITS THAT WE PLAYED , IN THE WINDOWS , LAUGH COMPELLED TO QUIT. . WOULD OHDINAI11LY SELL FOU ? 9.00 SIZE HEMSTITCHED AND PLAIN FORMERLY 5c COMPELLED TO QUIT. . , , . AND EVEN J10.00 GO NOW BECAUSE ERLY SOLD AT 150 AND 20C EACH COMPELLED TO QUIT. , WE . AIIE COMPELLED TO QUIT AT COMPELLED TO QUIT. . COMPELLED TO QUIT. . ANOTHER LOT OP MEN'S SPUING- 50 250 AND , 350 ELEGANT WIRE SUSPENDERS lOc COMPELLED TO QUIT. . OVEHCOATS IN DAUK BUOWN. NICELY $ . , PENDERS TO CLOSB AT , , COMPELLED TO QUIT. . FINISHED SILK LINED WORTH $10.00 COMPELLED TO QUIT. COMPELLED TO QUIT , AT 13th and Farnam. The latest , cheapest nnd boat family machine made. Does the work In half th time better than by hand. Fits any tub. No longer than ft wringer. A 12-year-old child can run it easily If your merchant docbii't keep ] i write to us JS BARKER BLOCK , OMAHA , NEB. 'WHERE DIRT GATHERS , WASTE RULES. " GREAT SAVING RESULTS FROM THE USE OF As yon fjlanee at this latest appli cant for your favor you will perhaps recall that line from Virgil , "Al- nilujity spir it fills that little frame" it IK the spirit of Art which has giiid o d the hand of the corvor , and wrought the forms and figures of beauty which arc hero scon. The wood thus selected for especial honor is that same tough-grained mahogany which our colonial ancestors used , nnd which was the material of their best English furiituro | century n go. go.As the service of the mahogany en- ( lures from one generation to another , yon create "yoitraolf an ancestor when you secure 'such : a chair as this , which will live to descend in unimpaired vigor to your posterity. Wo have a lull line of this carved furniture at very low prices , all of which is included in our special March sale. IT PAYS TOiBUY THIS MONTH , GHAS. SH1VER1GK & 00. , Tumparury Locution. 1200-1200 DOUGLAS ST. , MILhAUI ) NEBRASKA NATIONAL BANK. U , S. Depository , Omaha , Nebraska CAPITAL 8400,000 SURPLUS 653,500 Officers and Directors ! Henry W. YatfH. pro1 ! tlont : John 3. Collins , vied president ; L.vU B lived , CauhlcrVu : . II. 0. IlujUtu , uaslitaut cauhler. THE IRON "BANK. 'TECONOMIZE ' , In pliotoi , you want the bent , iia yon do not huvo J'Hiriilioton tnkun very often do not take olinncc liyRolm ; to Inferliir enllorlcKvlii3ii yon ciin got our work ut molt renBoimhlo prices. Our photon arc connlilorcil tlio lluctt In tlio wet by tlio photographic fraternity. Photographer , 313-315-317 South 15th Strest , Teeth Filled 50c up 1 \ - Oold Oro\vim niul Hrlilgu Work. DR. WITH -RS , 4th Floor , II-own mod : . , Itllli anil Uoutfl.ta Telephone 1773. CURE VOUESELF FIFTEEN DAYS. 1 will Boml FilKK to tiny inun the prescription of a now uuil lioiltlvo vtniifily u > riilnn'i > Mimll , weak oryans , niul BHVO ru-o for nil In yotuiK or old men. I'urri cusra of I.o Manhood , KinUiloiii niul Vnrlcncrlo In 15 days i UUuaeo never returns , Correspond ence prlviitu. All littrB Miit In iilnln Milled envelope. Address. T. ' . H.VHNEH , I.ork U20 N > w Drnlrr. WurMiuM. Pilch. BIRNEY'S Caiarrh Powder jllellavea Catarrh and Oold In tha ] I nd Iiutautly liy on * application Cures Hand rJoteea IL DHAPNE88. ! f * r ( IW ) Hmulc Ttapll , ( tUtfl. TrlultrriUir.rntormmplofieti BcU uuvtui : , OOu. . -OF- Draperies. Our prices are the lowest in the land ; investigation con vinces. We offer in this sale : 50 pieces best Body Brussels at 90c yard. 50 pieces best Tapestry Brus sels at 65c yard. 20 pieces Smith's Axminsters at $1.00 yard. 25 pieces Velvet Carpets at 85c yard. * Some with and some without borders n Two thousand traveling men's samples , from 1-3 yard to 3 yards long , of cretonnes , French crepes , silk tapestry , silk and satin damasks , suitable for sofa and floor pillows , -head rests and all kinds of furniture covering , from'Sc a sample upwards 1414-16-18 Douglas Street