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8 THE OMAItA PATLY BEE ; TUESDAY , SEPTE mER 13 , 3808.
NEWS OF INTEREST FROM IOWA. I COUNCIL BLUFFS- H\OII Bmoko J'J A IT EC clear. Finest work , Illuff City Laundry. Btockcrt Carpet Co. . 205-207 Ilwy. Moore's food kills worms and fattens. Miss Amanda Locke left yesterday evening for Great Falls , Mont. Clalr Turnbull left last evening for Chicago cage on a business trip. C. I ) . Jacqucmm & Co. , jewelers and op * tlclans , 27 South Main street. Miss Edith Foster of Oakland avenue re turns today to Drake university , Des Molnes. Attorney I. N. Fllckluger left last even ing for Manning , la. , on a short business trip. trip.Mr. Mr. nnd Mrs. Charles Ducklow of Wilton , Vis. , arrived yesterday ou n visit to the exposition. Ilcrnard Carter , the 11-year-old son of Mr. nnd Mis. I' . J. Carter of 1107 Pleasant street , tiled last evening of typhoid fever. \ ' J C. Blxby , beating and sanitary engineer. Mans and specifications for heating , plumb ing and lighting. 202 Main , Council Bluffs. Don't you think it must be n pretty good laundry that can please so many hundreds of customers ? Well that's the "Eagle. " 724 Broadway. Some tlmo Sunday night nn enterprising thief Invaded the Baldwin and Sapp office buildings and carried off every electric light globe from the halls. Mr. nnd Mrs. M. H. Thompson. Miss Flor ence Thompson at.il Mrs. C. Leo form a family party from Chicago who arrived yes terday to take in the exposition. Mix. A , Mitchell and sons Robert and Hey returned yesterday from Carman , 111. , where they haVe been visiting friends and relatives for the last three weeks. Lily camp , No. 1 , Royal Neighbors of America , will meet this evening for the purpose of making arrangements to take 1'art in Iloyul Neighbor day at the exposi tion. tion.All All nicmbcra of Council camp , No. II , \Voodmen of the World , are requested to meet at their hall at 2:30 : o'clock this aft ernoon to attend the funeral of Sovereign K. S. Allen. Jumes G. Bradley , C. C. ItlufU company , No. 27 , Uniform Hank , Knights of I'ythlas , will meet tonight In 3' . O. S. of A. hall. Every member Is urged to be present as there Is business of great importance to come before the meeting. Thf > funeral of the late W. A. Armstrong tvas held yesterday afternoon from the family rcsldinco , 1323 Aveiiiio C. The services were conducted by Uov. (1. P. Fry of the Fifth AvenuM Methodist church and Interment was In Walnut Hill cemetery. Marian 1'atterbon , a patient for the last three months nt St. Bernard's hospital , died Sunday of dropsy , aged 34 years. The re mains were removed to Lunkley'8 under taking rooms , where they will be held pend ing arrangements for the funeral. At a meeting of the Btato council of the Catholic Knights of America held Sunday afternoon In this city the following onic3rs voro elected for the ensuing year : P. J. J'3mlc. Council Bluffs , president ; John N. Dolan , Davenport vice president ; William Ilclnbohl , Kcokuk , secretary L. H. Kurtz , Des Mollies , treasurer : Uev. Henry Cos- Krove , Davenport , spiritual director ; C. D. Martin , Davenport , delegate to the supreme council , which meets in Kansas City next MayFrank Frank D. Loilghran , claiming to bo a printer from Seneca , Kan. , Is In custody nt the city Jail with the charge of larceny from a building In the daytime booked ngulnst him. Loughrnn , who said ho had been visiting the exposition with his fam ily , wan detected by Charles Banther of the city engineer's ofllco In the act of robbing n showcase In the drug store of George Davis on Broadway. When searched his pockets disclosed a varied assortment of shaving brushes , combs , bottles of perfume mid other articles. Rugcno S. Allen of 1118 Fifth avenue died last evening at the Women's Christian As- Hoclatlon hospital from stomach and liver trouble , after a protracted Illness , aged 38 years. The funeral will bo held this after noon at t o'clock from the Congregational church , of which Mr. Allen was for a num ber of years a. prominent member. The Fervlces will bo conducted by the pastor. Ilov. J. W. Wilson. Deceased was a well known abstractor and was prominent In social and church affairs. Ho was a mem ber of the Woodmen ot the World and the camp will attend the funeral In a body. Ladles desiring valuable information con cerning their ailments should send or call for "Tho Vlavl Mepsart. " Vlavl Co. , 320 IMcrrlam bile. N. Y. Plumbing company , Tel. 2DO. I'nlillc Library Affair * . The regular monthly meeting of the trustees of the public library was held yes terday afternoon. The report of Miss Ellz- nbeth Peterson , the librarian , showed that the number of visitors to the library during the month ot August was 6,200 ; the number of rcglsteied booktakers during the same period , 7,703 ; number of books taken , G.S1G. The flnen received during the month amounted to J8.20. The donations to the library during August were nine volumes nnd thlrty-flvo pamphlets from the govern ment , ono from the Warren county library nnd two from the Iowa Masonic library. The number of books In the circulating library on September 1 was 16,861 and In the government library 4,490 , making a total of 21,351 volumes. The report of the finance committee shoued that the balance in the library fund on Septembpr 1 was $1.426.41. The salaries and bills of the pre ceding month , amounting to $332.30 , were ordqrcd paid. The librarian presented a list ot sonic 350 books , which nho suggested should be purchased , and she was directed to buy them. The trustees decided to grant the use of the library to the State Library asso ciation for Its meeting , which will be held hero September 29 , on which occasion Hon. D. C. Bloomer , president of the board of trustees of the public library , will deliver an address of welcome. Part 2 of The Jlce's photogravures of the exposition Is now ready and can be had nt the Council Bluffs oillcri , Itenl KMiilc TraiiNferN , The following transfers were filed yester day In the abstract , title and loan ofllco ot J. W. Squire , 101 Pearl street : I'd Pboliiu iind wife to Adolph Gelse , seU 4-76-12 ; w. d 4,900 II. C. Ungelmun to George Ulch- born , aft seyt R-76-3S ; w. d 3,200 Et. John H KiiRllsh Rangcllcal Lu theran Church to Peter Anderson mid James Anderson , lot 1. block 26. Evans' second llrldgu add ; w. d. 60 C. H. Lefferts and wife to N. L. Cole , lot 8 , block S. Kvuns' second Bridge ndd ; < i. cd IK ; \V. W. Douglass to N. L. Cole , lot S , blqck S , Kvunu' second Bridge add ; w. d 1,500 Charles 13. Tucker and wife to An drew McMlllcn , lot 3. block 2.1. und lot 1 , block 25 , Burns' add ; w. d. . . . 200 Jd. L. Wllllnskl to W. D. Elmer , lot S , block 3D , Mullln's subd ; q. c. d. . . . 23 Seven transfers , total jTo.OOO Ground llrcnUlim ; for New Cliuroli. Appropriate exercises will be held by the Second Prenbytorian church this afternoon at 4:30 : , on the corner ot Pierce and Grace streets , where the new church building Is to bo erected. After a brief devotional service Dr. Phelps of the Presbyterian sem inary at Omaha will deliver an address. Then the actual breaking of mother earth will be performed by the pastor of the church , Rev. Alex Lltherlaml. assisted by representatives of the different departments of the church. The Evans laundry is the leader In flno work for both color and finish. 620 Pearl etrceU jrhono 290. EXPOSITION MASS MEETING President Graham's Gall is Backed Up ty Vice President Wright. GENERAL ATTENDANCE IS DESIREC Object In to MnUc ArrniiKt'tncM < * foi liiicnl Participation In the Iiuva Olcliriitlttn Next Week nt tlic In pursuance to the call Issued' ' yesterdn : by President A. C. Graham of the Couucl Illifts ! Exposition association there will bi a nicotine this evening nt 7,30 o'clock a the Grand hotel of the members ot the asso elation and citizens In general to make ar rangcmcnts to take part In the parade am exercises on Iowa day , Wednesday , Septem bcr 21 , at the exposition. The call bear the slcnaturcs also of George F. Wright exposition vice president for Iowa , and Lu clus Wells , resident director of the expo sltlon. Although the meeting has beoi called * under the auspices of the exposltloi association , a general Invitation Is cxtendci to everybody to be present and take par In the proceedings. Both Mr. Wright.am Mr. Wells are particularly anxious that tin meeting should be a representative one am urge that the business men of the city b present. The Iowa Exposition commission' crs have advices that largo delegations fron almost every city and town In the stat will bo at the exposition on Iowa day am the men who have called the meeting fee that Council Bluffs , being the uext-doo neighbor to the exposition city , should scn < a crowd over on that day that would be ; credit to the city and Pottawattamte county To get the matter well under way will re quire considerable > york and for this pur pose a number of committees will bo ap pointed at the meeting tonight. The effort made to secure reduced rail road rates for Iowa day has been success fill and the local agents of the Iowa road have been notified that round trip ticket ! from any part In the state will be sold a SO per cent of the regular standard one way rate , the minimum selling rate to bi $1. Tickets at this rate will bo placed 01 sale Tuesday. September 20 , and Wednes day , September 21 , and will be good fo return until and Including Saturday , September tember 21. Wanted Girl for general housework. Mra O. Keeling CIS South Seventh street. MATTUIIS IX THE DISTRICT COURT Suit of HnKKcrty AKiiliiitViitorinni AttrnrtH Sonic Attention. In the district court yesterday befori Judge Macy was commenced the trial of thi suit of C. E. Haggerty and wife ngalns E. T. Waterman and wife. The suit , whlcl is to set aside a deed , Is of more than ordl nary Interest from the fact that the plain tiffs are the parents ot Mrs. E. T. Water man , ono of the defendants. The propert ; the deed to which Is sought to be set asldi Is the Haggerty homestead on Stutsmai street. Mr. and Mrs. Haggerty nro ver : old people , and , according to their testl mony yesterday , they were anxious to pro vide for their daughter , the wife of E. T Waterman and her children , and made , ai they say they thought , a deed of the home stead to her In trust for the children. Late : they discovered that they had been Inducei to sign what proved to be an absolutedeci to the property to their daughter. Tlili they testified yesterday was not what the ; Intended , and that advantage had beet taken of their old ago and Infirmities am that misrepresentations were made to then when they signed the deed. They now wlsl the court to set aside the deed and de < clare It null and void. Waterman and hli wife are resisting the suit. Mrs. Lllllo Whlttlesey was granted a de. crce of divorce from her husband , Russcl N Whlttlesoy. Mrs. Whlttlesey was als < granted the custody of her little daughter Uuth. Mrs. Vash Sullivan was granted n dlvom from her husband , John Sullivan , whom sbi married In this city March 31. 1897. Thi decree was granted on the grounds of cru city and nonuupport. Lewis Htitler filed a petition asking for i divorce from his wife , Mlna Butler , when be married at Monmouth , la. . June 20 , 1894 Butler complains that his wife deserted bin without cause on Juno 16 , J896. The trial Jury was ordered to report Mon. day , September 2C , Instead ot September 1 ! as previously notified. Judge Macy made the first assignment o law causes as follows : Monday , Sept. 26. Security bank ot Karl- bau t vs. o. B. MrCllntock ; Coaucll Hluffi Savings bank vs. N.V. . Williams ; Charles Herbach vb. imlly Mdrtln. Tuesday , Sept. 27. Day & Hess vs. Ode ! Investment Co. ; Warner E. Hoopes vs. Odel Investment Co. ; J. 1) . Matthews vs. Joht Cooney. Wednesday. Sept. 28. Charles Green vs John Shaw et ol ; Jane Richardson vs. J. A \\einbergtr. Thursd , > . Sept. -Georgo ! King , re ceiver , vs. John L. Howe ; L. C. Smith vs L. M. Lai kin. Friday. Sept. 30. W. H. Ware vs. N. . Merrlam et ai. Monday , Oct 3. Sterling Manufacturing Co. vs. F. A. Blxby ; Otto Saar vs. John Saar Tuesday , Oct. 4. G. V. McCormlck vs. H A. Hlce. Wednesday , Oct. 5. Alice Stork vs. Su preme Ledge Knights of Pythias. Thursday , Oct. 0. Henry Gecsen vs. James Saguln. He also made the following second as signment of equity causes : Monday , Sept. 19. Charles J. Konlg- mncher vs. Western Mutual Life association J. W. Squire vs. David Halnes et al ; Rllej Clark vs. floutd of Equalization of Neola. Tuesday , Sept. 20. J. C. De Haven VP , Interstate Building , Loan and Investment union. Saturday , Sept. 24. Andrew C. Graham vs. George W. Corhum. Court \otcn. The decision of Judge Green In tie case of Henry Russell against 'Day & Hess was received by the clerk In the district courl yesterday. The decision is In favor of the defendants. Day & Hess some years age purchased a note of W. W. Blfger on Rus- soil , who paid it , but later claimed It was a forgery and brought autt to recover the amount , between $500 and $600. The first trial resulted In favor of Day & Hess. The case was taken to the supreme court , which remanded it back for a new trial , whlci was had before Judge Green about ; nine months ago. In the superior court yesterday the plain tiff In the damage suit of Fannie Deltchlci against Harry Hoist was given by agreement - ment two weeks In which to file a motion for a new trial. In this case Miss Deltchlei sued for $10,000 damages for alleged seduc tion and rho jury found for the defendant. John Coleman ot Audubon was bound oven to the federal grand Jury by United Statee Commissioner George F. Wright on the charge of engaging In the business of a retail liquor dealer without first obtaining a government license. Jobn Schlcketanz , sr , , who was appointed administrator of the estate ot bis son , L. 0 , Schlcketanz , who was run over and In stantly killed About a week ago Tthlle at tempting to board a Manawa train , was authorized by Judge Macy ot the district court yesterday to compromise the claim against ! the Lake Manawa railway company for the death of the young man for ( ISO , or CITV COUNCIL , Considerable IlnnlncNN TrnitNiiotcil n < nn Ailjonrnnl NenNlon , The city council met In adjourned session last night and transacted a considerable amount ot routine business. Colonel Alex. Hogeland , known air over the country as the "newsboys' friend , " addressed the city fathers at ) considerable length on the mat ter ot the curfew ordinance. Colonel Hoge- land was requested to furnish the mayor with a copy ot the amended section and It will probably bs passed at the next meetIng - Ing of the council. A vote of thanks tc the colonel for his address wan passed. The city clerk was Instructed to advertise for bids for the paving with vitrified brick those streets and avenues cmbodlpd In the first paving resolution nnd which was adopted at the meeting of August 29. A resolution calling for the paving of Fourth street from Broadway to Worth street ) and of Fifth avenue from Main street to Fourth street with asphaltum wan Introduced and the clerk Instructed vo publish same accordIng - Ing to law. The consideration ot the reso lution was on motion of Councilman Mot- calf set for the second Monday In October. Another resolution calling for the paving with brick of Stulfcrann street from Broad way to Pierce and of Pierce street from South First street to the Intersection of Stutfitnan was Introduced and likewise or dered published. There arc a number ol protest's against the paving ot Stutsman street and these will be taken up with the resolution at the meeting on the second Monday In October. City Engineer Etnyrc submitted specifications for brick nnd as phaltum paving which were adopted. Two hundred copies of the specifications were ordered printed and the clerk Instructed tc advertise for bids for same. The claim ot E. S. Hagen against the city of $3,000 for alleged personal Injuries claimed to have been received on August 8 lost at the motor company's Y on Lower Main street was referred to the city attor ney to wrestle with. On motion of Alderman Brough the city marshal was Instructed to notify the motor company to plank between Its tracks at Sixteenth street and Broadway. Alderman Casper Introduced a resolution authorising Colonel W. F. Baker , chairman of the board of county supervisors , to repair the following streets , which ho designated as a main thoroughfare leading into the city , nnd pay for the work out of the clty'e proportion of the county road fund : Third street from Eleventh avenue to Sixteenth avenue , Sixteenth avenue from Third street to High street , High street from Sixteenth avenue to Nineteenth avenue. Nineteenth avenue from H street to Tostevln street , Tostovin street and South avenue from Nine teenth avenue to the Chicago , Rock Island & Pacific Railway company's crossing south of the city limits , Pierce street from Oak street to McPherson avenue , McPherson ave nue to the city limits , Ridge street from Pierce street to Canning street. Canning street from Ridge street to the city limits , Park's mill road from city limits to point opposite Sylvester's place. The resolution failed to carry , as several ot the councilmen - men desired to go over the route first. The resolution , will come up again at the next meeting. Triple- A triple wedding Is booked to occur today nt the homo of County Supervisor Perry Kernoy of * Caraon , when his son nnd two ' daughters'WIll'be married. The son , N. W. Kerney , will lead to the altar Miss Nellie M. Hatch , a well known young woman ol Oakland , while Miss Maud , the youngest daughter , will give her heart and hand tc Charles T. Carter , a young man from the same town. The eldest daughter , Miss Pearl , will be married to L. H. Bolton ol Carson. B. L. Ogden used Cole's Hot Blast heater last winter. MnrrlnKc Ilci-nne . Licenses to wed were Issued yesterday tc the following persons ; Name and residence. Ag < > . N W. Kerney , Carson i Nellie M. Hatch. Oakland 21 Charles T Carter. Oakland 23 Maud L. Kerney , Carson ] g L. H. Bolton Carson 21 Pearl M. Kerney , Carson 20 Went Inillnii Hurricane Approacblim , ST. THOMAS , D. W. I. , Sept. 12 , Latest advices from Barbadoes , received late on Sat urday , Indicate an approaching hurricane. Shortly after the dispatch was received cable communication was Interrupted. Yes terday the storm passed over Saint Lucia , but small damage had been done there. All the Islands hove experienced boisterous weather , but the storm has passed to the south of St. Thomas. I own Farm Notcn. A Cedar Falls farmer sold 120 acres ol land for $45 per acre. Much Montana stock Is being received around Dunlap for feeding purposes. Pocahontas will have a now creamery , the largest In that section of the state. George Jones of Tlpton sold his fine driv ing team for $300 to an Oregon man. At Grunday one of the largest farms In that pait of the state sold recently at $50 per acre. A. K. Ware , a Virginia stockman , has pur chased for $18,000 a 400-acro farm near DCS 'Molnes. ' Until the present rain the duat was so heavy around Calhaun as to Interfere with the threshing of wheat. Poach trees around Des Molnes are break ing down vith fruit this year. It was never so plentiful In that section. Harrison county apples are abundant and are selling at 30 cents per bushel. Much of the fruit Is being shipped east. The pioneer farmers around Lynnvlllo have purchased Linn grove , a fine body of tim bered land near that place , as a permanent place for their reunions. Around Grundy Center chicken fanciers are much annoyed by skunk nnd mink. One mink killed twenty-six fine chickens for William Smith In one night. Boone county stock growers are producing more fine s\\lne this year than usual. W. H. Trenchard shipped 1C3 porkers , their gross weight being 57BOO , an average ot 375 pounds each. The owner received over I ' .OOO for the bunch. lown \ ! Notpn > Hartley's town well Is a failure. Though the pumps run all night the quantity of water supplied Is Insufllcicnt. Toledo presented each delegate to the county republican convention with a small American Hag and a stick pin. A $2,000 fee was paid by the Davenport & Rock Island Bridge company for filing articles of Incorporation at Des Molnes. The Marshalltown convention is now be ing referred to sarcastically by the state press as the "Marshalltown mix. " Webster City Is displaying much en thusiasm over the proposed extension of the Chicago Great Western from Hampton to Sioux City. The Inmates of a Diibque road house were held up and robbed ot $1,000 by a lone high wayman with two big revolvers. He lined sixteen people up in a row. Mrs. K. S. Keen of Bears Grove dropped a pocketbook containing $800 on the train. The following day a traveler who noticed the book fall from her pocket restored It to her with every dollar it contained. Emmet county , where more prairie chick ens have been killed In the last ten years than all the other counties In the state to gether , this year produces nothing In the shape of a chicken. The young were killed by hard rains early in the season. ALL HUSBANDS ALIKE IN LAW Peculiar Iowa Statute Decided Unconstitu tional by Judge Bishop. HAS BEEN CAUSE OF MUCH TROUBLE LATELY I'tiiilKliMient Provlilril In Cnnr of DC- flertlim for HCIUM ! or I'liintllcN Xot In Aurora with 1'iiniln- mental Jurisprudence , DBS MOINESSent. . 12. ( Special. ) The opinion written by Judge Bishop , declaring the law unconstitutional which the lust low.i legislature adopted to prevent desertions In cases where marriages have been contracted by men to , escape prosecution for seduction , has created a sensation In Iowa. The pe culiar reasoning by which the court arrived at Its opinion has caused much comment Since the adoption of the law there has beer much bitterness engendered by Its provisions Still the law has many supporters In the state , and there Is a disposition to carry tht matter to a higher Judicial body In ordei to secure an opinion that may bo used ns a guide. The decision grows out of the case of II. A. Morris , the editor of the Uunnells Telegram. Morris married nearly a year age Gertrude Hill and stated to her at that time that ho would not Hvo with her after he married her. Ho agreed to the performance of the ceremony , for the reason , BO ho states that It was the only way to get out of Jail and It was very necessary to get out the next Issue of the Telegram. Ho deserted the woman and was arrested. Justice Hal- loran bound the prisoner over to await the action of the grand jury. Morris' attornej appealed for a writ of habeas corpus , alleg ing the unconstltutlonallty of the law. The Judge granted the writ. In holding the law unconstitutional , the Judge says : It Is admitted for the purpose ? of this pro ceeding that the petitioner has been guilty of the crime of seduction ; that ho married the woman seduced by him for the purpose of escaping prosecution for such crime , anil that following such marriage ho deserted her without good cause arising subsequent to the marriage. That the necessity exists for a law which will minimize as far as possible the wrong the statute In question strikes at does nnl admit of a question. I can have nothing tc do. however , with the necessity for or the policy of any given law. If It Is within the power of the legislature to enact , I am to enforce It ; otherwise , I am to disregard It , The constitution , section C , article 1 , pro vides that "all laws of a general nature shall have uniform operation ; the general assembly shall not grant to any citizen 01 class of citizens privileges or immunities which In the same terms shall not equally belong to all citizens. " Under this section It has repeatedly been held that all laws must operate uniformly upon all persons coming within the relations and circum stances provided for. There can bo no ar bitrary or unreasonable classification made of citizens who , having committed an act , may be liable therefor , either civilly or criminally , whereas other citizens com mitting the same act are exempted from liability or punishment. I'ccullur Kent lire * of the Cnnc. It will be observed that the crime of se duction Is fully disposed of In a legal sense by a marriage taking place between the parties subsequent to the commission ol such crime. At leasl the law refuses to give any further conslderatlpn to the act con stituting the crlmo from the moment mar riage takes place. There are no conditions attached and no obligation , requirement ot penalty Incident to tho'crime , which stands suspended to be revived or which can again bo brought Into force or operation by reason of any subsequent action or condition which may occur In the future. The act of seduc tion simply sinks out of sight and , In a legal sense , is forgotten beyond possibility of recall. It Is common knowledge that very many men who marry to escape prosecution for the crime of seduction sooner or later there after desert their wives. This Is the evil which the statute under consideration Is In tended to remedy. It Is n statute to punish desertion and that only. By it the former crime of seduction was not intended to bo again unearthed , nor Is the accused to be held to any penalty or liability on account thcieof. There lu no escape , as It seems to me , from the conclusion that the two of fenses , the felonv and the misdemeanor , can have no connecting link or relation one to the other. That the willful desertion by a husband ol his wife or family , without good cause shown , may properly bo designated as a general offense and may be punished under criminal statutes as a misdemeanor , I have no doubt. It has been so held In other Jurisdictions. The theory Is that the best Interests of the state require that those who take on themselves the obligations In cident to the marriage relation and the headship of a family shall not without Just cause throw off or disregard such obliga tions. It will bo apparent at once , however , that the Interest of the state In such cases Is not confined , to any particular class of husbands , but relates to any and all. It cannot be that the state has any Interact In keeping a husband and wife within the limits of the marital relation differing In one Instance from that which obtains In every other. There can be no legal distinc tion between one inserted woman and an other as for as their general relation to the public Is concerned. It seems to me that It would be arbitrary In the extreme and wholly without reason to say that the pub lic good or the public interests require that a desertion by a husband In one class ot cases shall be prohibited under penalty , while In another class of cases a desertion , whatever the cruelty or hcartlcssness at tending It , Is not to bo taken the slightest cognizance of. Not a Felony. As I have already shown , there Is no con nection between the felony , seduction , and tliu misdemeanor , desertion. It follows that the r-ferenco In the statute under conslder- at'ou to the statutes relating to seduction has no office save to designate a class of husbands who may bo punished , It being made to appear that they have deserted their wives without just cause. There be ing no Infringement of public Interest In the case of one deserting husband which iloeb not obtain In the case of every other , the classification made by the statute Is arbi trary and without sufficient reason , In my judgment. It Is arbitrary and without reason In that It selects from among hus bands who stand equally before the law only those of whom It can be shown as a matter of history were guilty of seducing their wives before marriage and who married to escape prosecution. It Is arbitrary and without reason In the further sense that It applies only to those seducers In respect o' whom a purpose to escape prosecution can be shown. Tal'e a case where a Esduccr marries his victim voluntarily , no sugges tion of a protecutlon having been madeHo may desert her the next moment and it \\ould not bo possible to prosecute him , either for the seduction of for the desertion. On the other hand , a seducer whose- prose cution has been suggested , marrloa to avoid Mich a result. Ho may not be prosecuted for the seduction thereafter , but ho may Under the statute bo held to answer as for a new and distinct criminal offense. Tht ) acts done by each of the two men are Inden- tloal. It might be that the man' ' In the case first Illustrated above secretly believed that he might be prosecuted unless he married his victim. In such a rase not only would bis acts be Identical with that of the other , but his motive and purpose would be the name and utill he could not bo prosecuted unless that purpose or motlvu came to the surface in the way of tangible evidence which might be produced In court. The act which Is the gist of the offense , that Is , desertion , is lost sight of In trying to determine whether another and distinct act previously occurring was or was not ac- [ ompllBhed by a particular and avowed pur pose. As well might the statute , In my judgment , have provided that all men who hart been threatened with a prosecution for any other crime and who should desert tliclr wives should bo punished ; or that all rn-n over six feet tall who desert their wives must sutler the penalties luicosod for. THE TWO GREAT BATTLES OF MANILAREPRODUCED -REPRODUCED AT- Sunday , Sept , II ; Tuesday , Sept. 13 ; Thursday , Sept , 15 ; Saturday , Sept , 17 , and Sunday , Sent , 18 , The production is of such great magnitude that 48 hours' time is required to arrange for each performance. 2,600 pieces of various kinds of explosives used each night. Pounds of red fire. Two submarine mines exploded during each performance , throwing water 100 feet in the air. All Under Management of Captain Robert Cook. desertion. All such classifications nro ar bitrary and unreasonable and , In my judg ment , prohibited by the constltutiou. It has been suggested that the statute creates a crlmo In which the marriage tc escape prosecution Is to bo considered as nn element and that thereby the objections suggested are overcome. That this cannel bo true must bo apparent , it seems to me , upon a moment's reflection. The marriage Is an act authorized by law. Indeed It has been said by the supreme court to bo ar act favored by the law and hence Is to be regarded ns a virtue. It would bo absurd td say that an net declared In and of Itscll to bo n virtue could thereafter be tackeil onto a wrongful act subsequently committed and the combination thus derived de clared to bo a crime. No such Intent Is tc bo attributed to the legislature In Its pas sage of the act In question. Nor Is there any known theory or principle upon which the purpose , abstractly considered , which prompted the marriage , can be carried along In suspension to be subsequently brought Into notice In connection with another anil a distinct act , the whole to constitute n crlmo. The constituent element in every crime Is the commission of a prohibited act , accompanied by a criminal Intent , That IF all that can bo said on the subject and it certainly con moke no dlffeicnco what was the Intent or purpose with which some other act , legal and commendable in itself , was committed. The statute in question Is open to the further objection that It contains no limita tions whatever. For Instance , a man whc marries his wife under threat of prosecu tion and thereafter lives with her for flf'j years and then deserts her. may bo Indicted and punishment for such desertion. A rule for the enforcement of which such a re sult may follow Is unreasonable to say the least. I conclude that the writ prayed for musl be granted and the petitioner discharged nnd it Is so ordered. IOWA TROOPS WJlilj STICK IT OUT , lor.i-Mnili IlcKlmciit AVInlipM to D i What the ( iovornniciit IlcMlren. DES MOINES , Sept. 12. ( Special Tele gram. ) Governor L. M. Shaw arrived In Des Molnes today on his return from a trip to Washington. He nays the Fiftieth Iowa volunteers , In camp at Jacksonville , will start homo tomorrow. When In Chicago cage the governor made arrangements for special sleepers to carry the elck of the regiment with comfort. In Washington the governor made ar rangements whereby the men of the Fiftieth wishing to remain lu service can bo trans ferred to the Forty-ninth , the Fiftieth being one of the two Iowa regiments ordered mustered out. Another arrangement made was that the companies of the Fiftieth will go directly to their homo towns for muster out instead of coming to Camp McKlnlcy. While the governor was In Washington , where ho went with the Intention of urging that the Forty-ninth be mustered out , Lieutenant Colonel Ham of the regiment arrived In Washington. He visited Presi dent McKlnloy with the governor. Colonel Ham stated that whtlo the men would have been glad to como home , since the government has ordered them to bo re tained , they were satisfied and had no other wish than to stay In the service. Gov ernor Shaw says there was no discrimina tion In the choice of regiments to remain in service and that the Fiftieth was or dered home because there was less sickness In the Forty-ninth. Colonel Marcus Cavanaugh , commander of the Seventh Illinois volunteers , arrived In the city this morning. Ho Is on a month's furlough , and came hero to visit his father , Marcus Cavanaugh , his relatives and old friends. After spending two days hero he will go to Colfax for a , week. Conrad Youngcrman , a leading business man of this city , received a telegram from Seattle today announcing the death of his son , Louis. The young man had been In Klondike , and on his return was taken with malarial fever. For several days be fore reaching Seattle he received no medical attendance. I.lttlc "Water In Katitern Imva. DUBUQUE , la. , Sept. 12. ( Special. ) The Mississippi Is gradually getting down to the low water mark of 18,64. the lowest mark ever reached. Each day's report nhowa a fall of from half an Inch to five Inches. The traffic on the river has already begun to suffer , as nearly all the largo packets have been tied up for the season. In the month of September the water Inevitably falls and reaches the lowest mark of the year. The low water exists all along the Mississippi. In 1894 the low water mark was reached In some places and pioneers say It has been the only time since the mark has been established. However , It Is not believed that the low water mark of 1S64 remains unbroken , as Major Motgs of Kcokuk has said that In 1892 the water was two Inches below the 1864 mark at Me chanics' Rock , at the head of the DCS Molnes rapids , above Kcokuk. Thin rock set the low water mark of 1864 , the fall ot the river that year leaving the rock three inches out of the river. Caterpillar * DOIIK | Dnmntcp. SLOAN , la. , Sept. 12. ( Special. ) The elder bug of recent years in this vicinity has this year given place to a more de structive pest In the shape of the caterpillar. Shade trees , fruit trees , grape vines and other vegetation are being stripped of all foliage and even buildings and fences are covered with them In some places. In a few cases these worms were numerous euough In the early season to injure the fruit crop , but In the millions In numbers In which they now exist they would prove totally de structive to that crop. It Is hoped that with the advent of frost ther will be entirely obliterated. MlnNourl Valley Hn > - Cro | > , CALHOUN , la. , Sept. 12. ( Special , ) Farmers are In 'the midst of their hay mak ing on the Missouri bottom. The crop Is very heavy , averaging three tons to the acre. I America's pavorite Cigar JOHN G , WOODWARD &CO. , MOORE Distributers , Sfzas : 3 tor 25c lOc Straight COUNCIL 2 for 25c BLUFFS , IA "cffftf. THE OHAS. SUMNER. 5 Per Gent Etoey on Iowa Farms We are prepared to place loans on improved Western Town farms at 5 per cent. Money on luuul , no delay. We have for sale several choice FRUIT. GARDEN , GRAIN AND STOCK FARMS. VERY CHEAP. Cheap money will make land go up. Investigate our bargains. DAY & HRSS , 39 Pearl Si. , Council Bluffs , Iowa. The hay stands ns high as a. horse's back , and Is all put up with machinery. Two men on a stack to spread the hay out can cut and stack twenty acres a day. Then after the hay settles In the Black comes the baler and bales , the hay which Is then ready to be shipped to Council Bluffs and Omahu , which Is Bomo thirty or thirty-five miles , and brings from $5 to $6 n ton. Thousands of acres of hay Is bclug put up at this time. There IB not much tame hay raised , al though one will occasionally eco a piece of clover. with liKM'iulliirlHiii. ALBIA , la. , Sept. 12. ( Special. ) Dayton Harger , a boy between 14 and 15 years ot age , Is In the coutny Jail In this city for the crlmo of Incendiarism. While the family of Ottomer Duncan , who lives two miles cast of Lovllla , was attending- the old settlers' reunion at Hamilton , neighbors dis covered Duncan's house and barn to bo on fire. They succeeded In putting the flro In the house out , but the barn , a team ot horses , hay , grain , harness and all it con tained were burned. Suspicion rested on the boy under arrest and he was placed under arrest and brought to Albla. On the way ho confessed to the crlmo and when In jail denied It. Two weeks ago the boy was arrested for stealing some Jewelry from the homo ot Mr. Duncan and he was found guilty In n Justice court nnd let off with a fine. It Is stated that he made 'threats that he would get even. Coriii-ll roll -KO OIIIMIN. MT. VERNON , la. , Sept. 12. ( Special. ) Cornell opened this morning for the winter term. Judging from the applications for rooms and other Indications , the year will see a largo Increase In attendance. Exten sive Improvements have been made during the summer , and as a result Bowman hall Is one of the best equipped ladles' dormitor ies 'o be found. Among the now mem bers and additions to the faculty are Piof. and Mrs. Adams in music nnd Prof. Frcs- lioff In political economy. Id-union I'oHtpoiiPil. CLAUINDA. la. , Sept. 12. ( Special Tele gram. ) The annual reunion of the State Line Veterans' association , to have been held In Clarlnda September 13. 14 and in , under Grand Army of the Republic auspices , has been postponed to September 27 , 28 and 29 , on account of the heavy rains. GRAY-HAIREDJVIAN LYNCHED Iloiijninlii .IOIICN , Slvty-Klnlil Year * Old , .SiMiiiur from mi Iron lleain ! a Moli. KANSAS CITV , Mo. , Sept. 12. A special to the Times from Liberty , Mo. , says : At 10:30 : last night Benjamin Jones , a gray- tialred man C8 years ot age , was taken from the Clay county Jail and swung to an Iron beam at the front entrance to the court liouse. The mob , which consisted of about seventy-five men , quietly rode in on horse back , finished their work In thirty minutes and left. Jones committed a criminal as sault on Annie Montgomery , a 11-year-old girl , .yesterday evening , and confessed his ; ullt juat before he uas hanged. Hell CroNMVorKrr Arrive. WASHINGTON. Sept. 12. Miss Clara Bar ton and party reached Washington today from Tampa , Fla. Those with Miss Barton were Dr. Wlnflcld Egan , chief surgeon of the Red Cross ; General Von Sthell of the Belgian Red Cross ; Dr. Gill. J. A. McDowell. Miss Lucy Graes and Miss Annie Fowler of Illinois. The party Is hero walling orders and may bo sent to the Philippines. llrotlierliood of Locomotive Firemen , TORONTO , Out , Sept. 12.Tho sixth biennial convention of the Brotherhood of Locomotive Firemen opened today. There were eomo 400 delegates present at the con- > WM. WELCH TRANSFER LINE Ilctitpcii Council IllufYx nnil Oninlin. Rates Reasonable. Satisfaction Guaranteed. Council muffs olllce , No. S North Main street. Telephone 12S , Omnlin olllce re moved to 322 South Fifteenth street. Telephone - phone 330S , Connections made with South Omaha PHOTOGRAPHIC MATERIAL For ( lu > proft-NHlon mill iiiniitciim. All oril < TN CnrMarilril on ila > - of re ceipt. 1'rlccs ( lie l. < MNt. . E. G. BARTLETT , (10O ( nnil ( IIIU llroiiilirny , Coiinull llliifl1 * . vontlon and many more arrived during the day. There are 1,500 delegates and visitors now In the city. An Interesting contest for the successor to Grand Master F. B. Sargent Is expected. It Is understood tSo contest will bo between Grand Secretary Arnold nnd First Vice Grand Master J. J. Hannahan. The afternoon cession was devoted to rou tine business. The Ladlen' auxiliary held a short session , at which Mrs. Joshua. Leech of Sedalla , Mo. , grand president , presided. SlIIlN DlNOMII 'I'lll-lr Kit III IT. LIBERTY. Mo. . Sept. 12. A brief coroner' . } Inrjucst was held today over the lumnlim of Benjamin Jones , the aged rapist lynched Just outside the Jail door lust night , nnd u verdict to the effect that ho hud como to his death "at the hands of unknown par- tics" was rendered. The body will bo burled at the county's expense. T o soni of the lynched man called nt the Jail today to tell the officials that they would not caru for the remains. "Our father has disgraced and dishonored our name , " said they , "and wo now disown him. even In death , and shall not take a last look at hla face. " Annl Montgomery , the little victim , is still alive , but cannot survive. Satisfaction over the lynching Is general. IlurUlrii'H Amlcii Halve. THE BEST SALVE In the world for Cuts , Bruises , Sores , Ulcers , Salt Rheum , Fever Sores. Tetter , Chapped Hands , Chilblains. Corns and all Skin Eruptions , nnd positively cures Piles , or no pay required. It Is guar anteed to glvo perfect satisfaction or money refunded. Price 25 cents per box. For ealo by Kubn & Co. Council of Order of Iteil Mm. INDIANAPOLIS. Sept. 12. The national council of the Order ot Red Men began Its annual convention hero today. Only rou tine matters received attention. The coun cil wilt continue In session during the week and tome. Important business will bo dis posed of. The annual election of officers will occur and the reports of representatives will bo read. About 15,000 members nro ex pected to attend the gathering. Ono of thn Important questions to bo disposed of will bo the eligibility to the order of men en gaged In the liquor business. A strong fight IH expected on the proposition to ex clude all such men from the order. lIodli-H Vet In ( lie Kninii , PHILADILPHIA , sept. 12. FIVO persons are known to have lost their lives as a lesult of the gutsollno explosion which oc curred last night nt Fifteenth and South streets , It Is believed that nt least half a dozen bodies nro yet In the ruins. To Su > lloulor'H 1IIIU Uio "Garland" Stoves and Range *