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THE OMAHA DAILY BEEs SUNDAY , DECEMBER 25 , 1898.
CIVIL SERVICE IS NOT DEAD V * Superintendent Pearse Thinks the Finn Will Yet Be Adopted , MEMBERS WANT TIME TO CONSIDER Some Who Voted Auntnit the Jorilnn llcftolutlon Hxnrcm ThonmeH CB an In Favor of A Hcform Along Line "The Board of Education killed the Jordan civil ncrvlco reform rule for teachers at Its last mooting , but I do not bellc\e that that action Indicates that the honrtl will not In the neat future consider some plan of estab lishing n civil Bcrvlcc reform system , " gald Superintendent of Schools Pearso to a Bee representative. "I have talked with members of the board who voted against the resolution and they tell me that they nro In favor of some civil eervlco reform scheme. They want time , however , to consider the matter , and con- tioquently voted against the Jordan resolu tion when It was forced to n vote. I bo- llevtt that the board will consider In the not very fnr distant future another resolu tion of the same kind. The Jordan resolu tion , In my opjnlon , covered the ground anil would have worked satisfactorily had It passed. "A civil service system would be very desirable. While It Is true that the good teachers whom I recommend are elected al most without exception , and while It Is also true that good teachers need not fear that they will lose their positions , yet there Is no doubt that they worry every time an election takes place. This anxiety must In a measure affect their work , although I must say that I am compelled to curb rather than prod on the good teaching. "One great benefit of the proposed system will llo In the fact that the 'poor teachers will he cut off the force. That Is really where the system will do the greatest good. No poor teacher can ever expect to get on the permanent list and consequently there will bo less wirepulling for teachers' post tlons. " Total ANMVNNiitviit Iloll. "The last Boaid of equalization has ea tabllshcd a record that has never been equalled In the history of the city and will probably long stand .is a shining mark , " declares Tax Commissioner Sackett. "It re turned the assessment roll upon which the 18'ID ' levy Is to bo made , with an Increase In the grand total. The kicks of the tax payers do not often result In an Increase In assessment. " This Is easily explained , however. The board heard a considerable number of com plaints and did decrease the total assess ment by an amount somewhere between $25- 000 and $30,000 , but Just before an adjourn meat was taken Tax Commissioner Sacketi appeared with a bunch of personal tax Items which had not been Incorporated In the original assessment roll. These Items amounted to some $40,000 and consequently the roll left the Board of Equalization some $10,000 or $15,000 greater than when 1 arrived. At Its last meeting the board reconsid ered Its action In refusing to lower the as sessment upon Cadet Taylor's property a Sixteenth and Dodge streets and reduces It from $7,000 to $0,000. The personal as sessment of the Lce-ClarK-Andrecsen Hard ware company was cut down from $45,000 to $38,000. CnNli for the Teacher * . There was a bigger rush of business a the city treasurer's office yesterday morning tham there has been for months. Insteat of swelling the city treasury , however , this business rush depleted It to an amount In the neighborhood of $30,000. That was the sum that was paid out to the public schoo teachers for their services this month. The payment of the money was made very ex pedltlously , several clerks In the office being detailed to the duty of cashing the warrant that were Issued by Secretary Glllan of the school board. The warrants were handei out at 10 o'clock and at that hour , also , th city treasurer was ready to exchange them for coin. The work occupied but little mor than an hour. MorlullO StatlNllcN. The following births and deaths were reported ported to the health commissioner during the twenty-four hours tending nt noon yes terday : Births Frank Zlnlel. boy ; I. M. Moll ner , boy ; Charles Neldllnger , girl ; Jame Kelly , Seventeenth nnd Clark , boy ; Jucol Bvnclna. 1709 South Ninth , boy. Deaths W. S. Lester. Hamburg , 35 years William T. Mount. 513 North Nineteenth , 7 years ; Frank Miller 2021 Dorcas , G4 years 8. Riddle , Immanuel hospital , 38 years. City Hall \utvN. Monday will bo observed by city hall em pln > cs no Christmas day. The building * < ll be closed end the offices will be locked tight The city councilman will bold no committee of the whole meeting on Monday afternoon but the usual Tuesday night council meeting will Inko plnrc. Street Commissioner Beverly was pre ecnted yesterday with a Christmas presen In the ehapo of a fine silk Vat a gift of a bait a dozen personal friends. The street caminlbs'oner piapo m to truing the ue > litodgrar upon the unsuspecting members of the legislature * when ho takes bis seat after the first of I he year. CHRIST MAS GIFT TO COUNTY BnretleH un Midland State Hunk De- Iionltory llonil I'ut J'p ' Five Thouminil Dollar * . The benign genius that presides o\or the Christmas festival , called by various names In various lands , but ever the same good old fellow , did not forget Douglas county yesterday In hU rounds. Ho made It two nice presents. One wag a payment of $5,000 from Charles E. 1'ord and Maria Johnson , Burettes on the Midland State bank's depos itory bond , and the other was the turning over by Sheriff McDonald of $2.694.72 In cash aa a surplus over his running expenses for tbo year. The Ford-Johnson payment of $5,000 was In pursuance of a lesolutlon adopted by the county commissioners early In the month. Along In the summer they had made a proposition to pay $2,000 , which was of course refused. This releases them from all liability on the bank's bond , with out Impairing In any way the county's claim upon the $18,000 , to which amount the bank Is Indebted to It. Receiver Thomas has a suit In progress to recover $57,000 from the bank's stockholders and , If successful , It Is understood the county's claim will bo paid out of this. ( ienernl Mherldnn' * New Ctiiniiiniid , General M. V. Sheridan , formerly at tached to the old Department of the Platte , with headquarters In this city and well known In Omaha , has Just assumed com mand of the Department of the Lakes , with headquarters In Chicago. General Sheridan left Chicago last spring on General Brooke's staff to enter the war against Spain. He spent ftvo months of this tlrao In the Porto Rico campaign. When the war broke out ho was appointed a brigadier general of volunteers and went to Chlckamauga to superintend the ar rangements for the reception of trdops. In speaking of the Porto Rico campaign the general said the only nottceablo effect on the soldier was his gradual falling off In weight. He pointed to his ov.n ease , whrre he bad lost thirty pounds In the five months lie was on that bland. General Sheridan w * born In Ohio on May 24 , 1810. Ho entered the eervlco from 1 Ivll life as first lieutenant of the Second Missouri Infantry In September , 1S63 , and ofe to the rank of major In tbo volunteer army. After the war he entered the regular orvlco as second lieutenant of the Fifth cavalry and has been a staff officer since June , 1883. HAVE THEY FORGOTTEN NOW nenefltn of the Tranimlfuil Nli | > l Are Mnnlfeit nnd of the Greater America Apparent , OMAHA , Dec. 24. To the Editor of The 3eo : The position assumed by some of the country merchants toward the Greater America Exposition Is a surprise to their 'rlencle , Thfl prlmo object of the Transmlsslsslppl and Inteinatlonal Exposition was to Induce capitalists and farmers from the eastern states to visit this region and see for them selves this western country , as It really s to correct erroneous and positively false mprosslona of this great transnilsslsslppl country to secure more capital , to develop new Industries , and to secure Intelligent tillers for our vast surplus acres of fertile doll. This object was not fully attained by the Exposition of 1898 , magnificent as were tg attainments and warm as was Its wel come to Its visitors. Dceplto the good work done by the Bureau of Publicity , the good ple of the New England and Middle States failed to materialize In as great numbers as wo could have wished. They refused to believe the truth about : ho land be } end the Father of Waters. Like the man from Missouri , they had to be shown. The great closing events of the Exposition Just ended , with Its enormous crowds and Its crowning financial success , have stormed the fortress of false Impres sions and skeptical Ideas regarding the wfst , and has sharpened the Yankee curi osity to see nnd know of a region which has broken all record1 ; , and has crowned Its achievements with the highest form of success. The unexpected war claimed the close at tention of the T"hole country for months of the allotted time In which the gates could be open. Then , many thought that as the World's Fair and other expositions had been unable to open their gates on schedule time , that the Transmlsslsslppl Exposition muni certainly bo. postponed. It was not thought possible that the buildings or the displays could bo made ready on time. This misapprehension was a serious blow to the attendance. Nearly sixty days of the 150 were lost to the Exposition. There are three months duo the Transmlsslsslppl people , In common Justice. They do not propose to ask any one to view a return engagement. The proposed Greater Amer ica Exposition Is to be practically a new show , and with the benefits of past experi ence , and the many advantages which the new Exposition will fall heir to , ought to add now glories to the magnificent success of last jcar. The Exposition Just closed has raised Ne braska from a supposed famine stricken , mortgage plastered region to a position of honor and prosperity , unequalcd by any other state In the union. It has lowered the rate of Interest from 10 per cent to G 1-2 per cent and possibly 5 per cent on farm mortgages. It has placed the state 1n the forefront rank of public attention. It has changed l dlffcrence to eager desire and all that the eastern people need to bring them west on an Interested tour of Inspection In an op portunity such as the Greater America Ex position will afford. Instead of a million and a quarter , we should have three mllrion Inhabitants In our state. Could this be done at once ? Not only the country merchant , but the Job hers who depend on Nebraska territory for their support would experience the greatest prosperity they have ever known. The right to protest Is Inherent , but considera tion Is necessary to Just conclusions. The merchants of the state of Nebraska should not forget the kind odices of the Job bers of Omaha , who carried them carefully over the rough places , when crops were short and times were hard. Tbo merchants of Nebraska who do not buy their goods ol Omaha wholesalers have nclther the rlghl to protest against the Greater America exposition or to serious consideration In this matter at all. The advantages which must accrue from the Greater America Exposition , carried tea a successful conclusion , will benefit the state of Nebraska , outside of the largo towns , more than any other Influence that can be brought to bear now. now.CHAS. CHAS. D. THOMPSON. Old. E. and Alice Johnson , osteopaths. Suite GIG , N. Y. Lite Bldg. SUCCESSFUL BEAN GUESSERS Schnefer'ft Jnr Fool * Them Allot More Tlmn n Io > en Gtien ed Within n Hundred. The winning names In the bean Jar guessing contests closing last night are as follows : Bean Jar No. 2 Nearest estimates , 843 , by Mrs. O. M. Southmayd , 1003 North Twenty-ninth street ; 842 , by Joseph Megreen , 1510 William street , and 84f , by D .M. Hall , 1627 Locust street. Actual count 844. Club member , Omaha'Tea and Coffee company , 1407 Douglas street. Awards , flrsl prize , $4 Jardiniere ; second prize , $3.5 ( Jardiniere ; third prize , $1.50 Illy bowl. Bean Jar No. G Correct estimate , 560 , by C. E. Dale , 2101 Farnam street , and by C , Robertson , 2427 Dodge street. Club member Albeit Cahn , 1322 Farnam street. Award two custom-made shirts worth $5. Bean Jar No. 7 Correct estimate , 1,690 , by William Vanderberg , 217 North Twenty- fourth street. Club member , William N Whitney , 107 South Sixteenth street. Award pair $3 shoes. Bean Jar No. 28 Nearest estimate , 7,924 by J. B. Biuner , 1525 North Seventeenth street. Actual count , 7,922. Club member , Schaefer , Sixteenth and Chicago street , Award , handsome ladles' toilet set. Bean Jar No. 32 Correct estimate , 2,050 ; by May Holt , 2905 Charles street. Club member , C. S. Raymond Co. , southeast cor ner Fifteenth and Douglas street * . Award $45 ladles' watch. Chrliitiiinn nt the Hotel * . At the Omaha hotels Christmas will bo observed much after the same style as In years gone by. And while the people at the city , generally speaking , will observe Mon day as .the holiday , the hotels will stick to the old custom and raako their spread today. Omaha hotels are not all alike In the mat ter of serving the big meal of the day. Some of them will put out the principal spread at noon , others will serve It at 2 o'clock , while others will wait until the evening hour. At all of the principal hotels , Includ ing the Paxton , Murray , Mlllard , Her Grand and Merchants there will be hand painted menu cards to assist the guests In ordering. Tbeso menu cards will show what the par tlnilnr hotel c rvp * " ' pr tfcii > --f upon them will be provided ( or the partlei who happen to bo guests. There has been uu particular effort upon the part of the chefs to make up elaborate dinners , but there wilt be a variety and quantity that will satisfy the most aesthetic. Marrluire. Ilceime . County Judge Baxter Issued the following marriage licenses yesterday : Name nnd Residence. Age. Charlt * Klrkland , Omaha 26 Elizabeth Qllle , Omaha 2 , Clmrlea J. Rurkamp , Omaha 2. Sarah Gray , Omaha 20 Lester L. M. Powers. Nelluh. Neb 30 Pearl Ksgleston. Valley , Neb 20 Trunk Martin , Omaha Ada Thoma * , Omaha 1 ! Henry A. Rhode , Omaha 3 : Margaret M. Stenglcln , Waterloo J nines A , fioodvvln , Omaha . , Klsle , JI. Moreliouse. Omaha STATE \ ( LOSES THE BANK SUIT ) maha National Not Responsible for the Defalcation of Joe Bartley , UDGE BAKER ENDS THE CONTROVERSY Hold * that Under It * Dnty an Deposi tory Hank Could Only Honor Check * Drawn hy Hartley Agalimt Slate Fandi. The stnto has lost Its suit against the Omaha National bank. An effort at the last minute to have it dismissed without prejudice was made by .ho attorney general , but did not succeed. Judge Baker thought Mr. Smyth's move too late to avail him. Both tbo bank and Its president , J. H. Mlllard , were defendants. The suit was to recover $201,884.03. U was alleged that the money had been wrongfully applied by Mr. Mlllard , as president of the Institution , to the payment , at the Instance of ex-State Treasurer Bartley , of a warrant sent here for collection by the Chemical National bank of New York. This warrant called for $180- 101.75. It was Issued April 10 , 1895 , under the act of the legislature providing for a transfer from the state's general fund to Us sinking fund to make good a shortage caused by the failure of the Capital Na tional bank. Bartley sold It to the Chemical National bank. The sum of $198,000 was applied on Its redemption and the balance of $3,000 went to the Exchange bank of Atchlson , ot which Bartley was a principal owner. The ontlro case hinged upon the Omaha National bank's dual capacity as a state depository and agent for the Chemical Na tional bank. A motion from the defense to have the court Instruct the jury to find for the defendants killed the suit. Much ot the day had been spent In an argument over a motion from the defense for a non-suit. It was an Informal motion , however , and at a late hour was withdrawn and the mo tion to Instruct entered Instead. The mo tion to Instruct operated about tbe same us moving the previous question does In parliamentary procedure ; that [ a. It shut off all further debate. The court deliber ated for a few minutes and was giving his reasons for sustaining the motion when Mr. Smyth made his motion for a dismissal. Judge Baker had not formally declared the motion sustained and Mr. Smyth contended that the case was not finally submitted. Mr. Webster for the defense said counsel for both sides had submitted and he cited the supreme court's decision In the case of the state against Scott to show that a motion to dismiss could not He after the case bad been submitted. Mr. Smyth said ho had not been asked If ho had submitted , though he had rested his side long before. Ho con tended that the authority produced by Mr. Webster was not In point , because It applied to , a case tried by a court and not by a Jury. The case , he reasoned , would not be finally submitted until sent to the jury. He based his position upon section G30. Judge Baker said he did not like that sort of practice , but It the state had a legal right It ehould bo allowed to exercise It. After considerable haggling the motion of Mr. Smyth was overruled and an exception taken by the attorney-general to pave the way for an appeal to the supreme court. Tried I'lrxt to Non-Suit It. Before the forenoon had progressed very far the case had taken a turn In the direc tion of a non-suit , and altogether over a question of law , none of the facts being disputed. A motion to this effect was made by the counsel for the defense and was beIng - Ing argued by Mr. Webster when a recess was taken until the afternoon. The court seemed disposed to take pretty much the same view as the attorney making the ar gument , though he put some kuotty hypo thetical posers to Webster. Cashier Wallace of the bank was again called by Attorney General Smyth. Mr. Smyth wanted to know why only $198,000 of the $201,000 had been credited to the Chemical National bank and what bad be come of the balance. The answer of Wal lace was because that amount was all tbe Chemical had asked for. The remaining $ J,000 bad gone to the Exchange bank of Atkinson , of which Bartley was a principal owner. The attorney general could not bring out why Bartley had directed the dis position of the balance In this manner. On cross-examination by Mr. Hall , Wal lace paid ho did know that the Atkinson bank was a state depository. While ho was mak ing his answers to questions covering this point Mr. Smyth was consulting a confrere. The attorney general asked the court to per mit him to have on objection to the ques tions go Into the record. The court would not allow this because Smyth had not made his objections at the proper time. Then Smyth moved to strike out the answer , and this the court overruled for the reason that Smyth had had plenty of time 'to Interpose objections. But later on the court allowed the motion , as Smyth said It would take several days to try the case If ho hod to produce all the records to show that the At kinson bank was not a state depository , and It was not clear that Mr. Wallace was com petent to say whether that bank was a de pository or not. Bookkeeper William Adalr of the Omaha National bank was allowed to testify to the entry on tbe bank's ledger showing that the check was made to Mr. Mlllard. Warrant KeitlMter * Ilarred Oat. Two warrant registers kept for the state at Lincoln were not admitted and the same fate met the voucher upon which the war rant had been Issued. There was a great deal of argument over the exclusion ot this voucher. Mr. Smyth raised the question : Was the warrant valid ? and If valid , did the bank have title to It ? On Its face , sup ported by the voucher , It appeared that It had been Issued under the appropriation of April 10 , 1895 , to reimburse the sinking fund and cover the shortage caused by the collapse ot the Capitol bank. He argued that the supreme court In the criminal case against Bartley had decided the warrant to have been Invalid , and , as to the voucher , there had to have been one swrrn to by the claimant before the warrant would have been Issued. He contended that the bank must have known that much and should have made proper examination. The supreme court had said for the purposes ot the Bartley case and also for the purposes of this case that the warrant was the prop erty of the state , Bartley had no right to dispose of It and no other party had any right to receive any money on It. Bartley had no right to sell It or transfer title to It to any one , therefore the bank sending It here for collection had no title to It and could not transfer title to It. Bartley had no right to pay money on It , therefore the Omaha National bank , In the attorney gen eral's conclusion , was a party to the wrong ful conversion ot tbe $201,000. Still citing the supreme court's decision , he argued that the only purpose ot the Issuance of the war rant was to transfer from the general fund to the sinking fund to the extent to which the latter had suffered through the Capital bank collapse , and that Bartley could not transfer that which he did not possess ; nor was the Chemical bank nn Innocent purchaser , and the Omaha National bank was bound to know that any disposition of funds to take up this warrant was at Its own risk. Be- Elded , the supreme court had also declared that warrants drawn by the state auditor wore not negotiable. Judge Baker commented on this point , lay ing that to hold the voucher In evidence would bo equivalent to saying that every payment made by a state depository at tlio order of the state treasurer would be at Its peril. Then Mr. Smyth analyzed the Omaha Na tional bank's dual position ns payer and also receiver of the money. As the payer of the check ho considered It bad done properly ; In fact , It was bound to pay It at the state treasurer's order , but as the receiver of the money It had laid Itself liable to recovery. "Tho charge , " said he , "Is that In receiving the money It bad done wrong , not In paying the money In the first element of the trans action. " Ho admitted that In paying the money the bank had simply done Us duty. At once It became apparent that tbe whofe case would turn upon a question of law and not of fact , for the defense repeatedly admitted all the facts had done so In Its answer to the petition of complaint The court accepted Mr. Smyth's position that the petition charged unlawful conversion of the state's money In the receiving of It and not' ' the paying of It. But Judge Baker couM J not agree that the law requires a corrc- spondent ' bank , acting aa an Intermediate party , when a warrant had come Into Its hands for collection , to go and dig up all the records pertaining to the warrant. He' ' i 'therefore- sustained the > objections to the I voucher as being Incompetent to show that the bank had acted In bad faith. U became all the more apparent that the case was resolving Into altogether one of law when Mr. Smyth offered In evidence parts of the session laws of 1895 to cover the authorization by act of legislature for the Issuance of the warrant and the purpose for which U had been Issued. Mr. Hall objected specifically , because such evidence was not a question of fact at all and the court had simply to take notice of It as a question of law. The Jury had no business with It. The court promptly exluded the proposed exhibit. The attorney general ad mitted that the state had all Its case In and would rest. Motion for Non-Suit. After a short recess a motion for a non suit was made by the defense and Mr. Web ster began his argument In Its support. He analyzed the position of the state. It was not alleged that the Omaha National bank , said he , or Mr. Mlllard had ever received a cent of benefit out of the transaction , whatever might be thought of Bartley's coni nectlon or that of the Chemical bank. The present case ho thought a very peculiar effort to recover from an Intermediate party who had simply acted as It was ordinarily expected to act In the ordinary course of business and yet the defendants had not profited In the least , nor was It charged that they had received for their own benefit , any ot the money. Had the Chemical Na tional bank sued the state to recover on the warrant the state would have certain equitable defenses , but this was entirely I another matter. Besides any subsequent adjudication or controversy between the state and Bartley would not affect tbe val idity of tbe warrant at the time the trans action complained of was made. In this In stance the Omaha National bank as a state depository had been bound , as the attorney for the state bad admitted , to respect the order of the properly elected and qualified j state treasurer , and , a * the correspondent of the bank owning the warrant , It had sim ply applied the money to the payment of the warrant at the personal Instance and direction of the state treasurer. During the afternoon Mr. Smyth repeated many of the points made by him earlier In the day , supporting his arguments with quotations from a large number ot authori ties and supreme court decisions. He re ferred to an English case , Tugman against Hopkins , jr. , 4 M. & O. 389 , and to the supreme court decisions In this state In the cases of Cook against Monroe , 4G Neb. 349 ; Hill against Campbell , 74 Northwestern 388 ; Osborue against Plane Manufacturing com pany , Gl Neb. G02 , and Cole against Ed wards , 62 Neb. 713. The purpose of all these was to fix upon the bank a liability by reason ot Its fiduciary relation to the state and its act * s agent for the Chemical National bank. Ho argued somewhat re- Heratlvely that < the warrant was void on Its face and the bank a party to the wrong ful conversion In paying the warrant. Deputy Oldhnm'n Uemoiixlrntlun. His deputy , Mr. Oldham , followed to demonstrate that public policy would not let the bank's fiduciary relation to the state operate as an estoppel to the state. In addition , the law presumed the bank to have known the character of the transac tion. tion.Mr. Mr. Oldham admitted that he did not be lieve Mr. Mlllard personally liable. Ot this Mr. Hall took advantage and turned the admission to the best ot account for the de fense. Judge Baker had asked why , If Mr. Mlllard was not liable , should the bank bo considered liable. Mr. Hall made tbe clos ing argument , showing that most all the cases referred to by Mr. Smyth had been cases of pure Intermeddling , whereas the Omaha National bank was bound by Its de pository obligation to the state to do what It did. Then Mr. Webster withdrew his non-suit motion and entered the motion to have the jury Instruct for the defendant. I Judge Baker , In delivering his opinion , preliminary to Instructing the jury as asked , said he regarded the defendant bank aa having acted merely within the scope of Its duty as a state depository and he declared - i clared that the part played by the Omaha National bank had been purely mechanical. U was at this point that Mr. Smyth made his motion to dismiss , with tbe result al ready stated. The jury found for the de fendants without leaving the court room. FED FOUR HUNDRED HUNGRY Saltation Army Spread * a Doard and SatUfle * All Who Come with Turkey and Flxln' * . Ono of the benevofent features of the work ot the Salvation Army consists In an annual Christmas dinner at which the poor of all classes , colors and conditions .are made welcome at a , feast that affords ample satisfaction to all. This occurs In every city where the organization has a foothoM and every year thousands of waifs look forward to the event as the only real Christ mas celebration that they experience. The Omaha brigade has become famous among the poorer classes for the bounty and relish of Its Christmas dinners and to bun- I dreds of the local poor It Is a feast that has no counterpart during the year. A num ber ot the charitably Inclined peopro of tbo city contribute moro or less largely of the material with which the feast Is provided and all that Is lacking la furnished by the Salvation soTdlers. There Is always a lavish abundance and the dinner is In every re spect equal to that which the average pros perous citizen enjoys on the same occasion. One of these popular banquets was given at the barracks at Seventeenth and Daven port streets yesterday afternoon and from 1 to 4 o'clock about 200 grown persons and nearly as many children were made wel come and feasted to the limit of their de sire. The tables were Improvised In the large auditorium and the Salvation lassies , aided by a number of volunteers , distributed tbe provender with lavish hands. The amount that was consumed was something amazing. Over 200 pounds of turkeys , half as much chicken , fifty pounds of beef , vegetables , celery , pies and puddlnga and every other concomitant of an up-to-date holiday spread were provided In abundance. Ae soon as one hungry group was satisfied another took Its place and after a long afternoon ot bard work the women bad nothing left but bones and scrapa and the consciousness that nearly 400 people had been made comfortable and happy. While the bulk of the work was done by tbe Salvation army they are In debted to the hotel keepers and other bus iness men for gifts ot provisions and the motormen ot the c'.ty contributed $25 , which was used to purchase some ot the more delicate Ingredients of the spread. NIGHT BEFORE CflRISJ'MAS Old Winter Turns Out His Forces to Hurry Up the People. HOLIDAY SHOPPING ENDS IN A RUSH Many People Spend the Rnrly Ilnnr * of the Kvcnliift Mnkln * llelated 1'nrchaneit and Keeping the Store * Open Late. Old Winter turned out A fairly satisfac tory condition of weather last evening for the accommodation ot his friends who were finishing up their Christmas shopping , but ho sent along a gentle warning In the shape of a whistling wind 'that he was apt to start a rough house at any moment , and no time should bo lost In taking advantage of the tonporary ( peace. This was done and the downtown streets were filled with people during the early hours of > the evening. All day yesterday It was a severe strain on the clerks In largo stores to meet the de mands ot the customers preparing for Christmas. , It was a jam and a push and a scramble. It was the survival , not of the fittest , , but of the strongest. The party with Icng j arms , strong voice and Invincible nerve secured attention In reasonable lime , while . the timid and modest waited till the stores closed and dragged themselves home empty- . handed. When the street cars came along It wai the same way nnd men , women , children and ! bundles were pushed Into the car with Instructions by the conductor to "move up forward ' , there , " which brought to mind vivid recollections of Jubilee week. There was loss of this unseemly confusion last j night. This does not mean that there was any great reduction In the number ot people downtown , but they had a different purpose. In a large measure those who were down laet night came to get bundles left at , the stores until called for. They came to i get little things which had been over looked ] , and possibly just to look at the other | people. ] The task of selecting the Important gifts ( for members of the family had been disposed i of and there was a disposition to felicitation i on the accomplishment ot this task i when a package Is left at the house by I the : mall carrier. "Now , that Is something from i Cousin Agulnaldo. It Is small , of coursJ i , but I suppose wo ought to send something i In return , nnd we might as well go i down tonight and get It. " That ac counted i for some of the people. Another element which contributed to the crowds was the fact that It was Saturday | evening , and with a largo per cent of the , vvorklngmen Saturday Is pay day. With a great I many others pay day was anticipated by the emplojers , that the employes mlgat have the use of their money for Christmas. It Is probable that few ot these had made any arrangements for Santa Claus to visit tholr little ones before last night , and It was therefore Important that they come flown then to avoid being omitted from the good old man's calling list and prevent the sad dest of all disappointments In tholr little homes this morning. There was a movement from the streets toward the residence portion of the city long before 9 o'clock , but It was not till after that hour that any perceptible decrease could be noticed In the endless chain of humanity extending from ono of the big stores to the other. Then the numbers began falling off rapidly. Later few remained aside from the clerks and employes. Then the owl wagon and "welner" man had full swing. Finally all were gone save the chronic ntghtbawk and carouser , with occasionally here and there a policeman. The city proper was asleep , dreaming what Santa Claus was going to bring , not only on tbe morrow , but next week , yea , even In the coming year. The Chrlstmaa trading was over. It had undoubtedly been the heaviest In many years In Omaha. Doubtless fewer families In the city will be shorn of the pleasures of Chrlst- mastldo today than In many years past. H has been a good year , > takcn as a whole , and nothing seemed to glvo better evidence of this fact than the enormous sale of toys of all kinds not the cheap ones , but those of the higher grades , and the mechanical toys. Santa Claus did better by his family In this city this year than he has for a long tlmo and his name Is honored In proportion. EPIZOOTIC IS BACK AGAIN Omaha , Doctor * Say that Grip I * Epi demic In the Gate City Just lit I'roHeiit. Omaha has the grip. There Is no question about this , so the doctors say. The epidemic which has been prevalent for several weeks In the east and south , has reached this city and has firmly ensconced Itself within the confines of the Gate City. Every medical man has a number of cases of this form of epizootic upon his string , but few ot these cases bavo as yet developed Into very serious form. In the east and south mortality baa stalked In the wake of the epidemic. "There Is no doubt that we arc having an epidemic of the grip , " declares Asslst- ant City Physician Ralph. "It la here and Is making Itself painfully evident to a considerable number of people. If you have an Irritating sensation at the back of your nostrils that makes you sneeze and you feel BO tired ell over that It would be a relief to drop to pieces you have the grip and want to do some doctoring. " j The grip is a bacillus. He floats along through the air and whenever ho meets any one to whom ho takes a liking he at taches himself to that Individual forthwith and sticks closer than < t brother. The unfortunate - fortunate mortal he selects must recipro cate the attention of Mr. Bacillus , wllly- nllly and often betakes himself to bed to properly nurse him. The germ can be strangled If prompt attention Is given , but If h Is not headed off he makes an In road upon the lungs and sometimes develops Into the pncumenla bacillus , who Is a de cidedly uncomfortable , dangerous and disa greeable costumer. "The air Is full of grip bacilli. " says Dr. Hanchett , "land people should be wary of anything In the shapeof a cold. There are an unusually large- number of people down with the disease and they represent all classes of society. " Hniitii fin" " PIMMI' tit T le in. There are a number of poor children who ere happy this bright Christmas morning. Their happiness Is duo to the labors of Deputy Postmaster Woodard and a couple of other parties , who have beeti assisted by the emplojes about the government build ings.A . A few days ago a number of letters were received at the postofflce , addressed to Hanta Glaus : They were from the poor children of the city who know no Christmas. Mr. Woodard turned the letters over to the two parties in question , who started In to raise a fund to buy presents for the little tots The government officials and emploes con tributed and yesterday , after a large amount bad been paid In , presents were bought and sent by mall to each one of the little boys and girls who bad Importuned Santa Claus to remember them. Monday at the I'otofflce. At the postofQce Monday will be observed as the Christmas holiday and upon that day the office will open at 11 o'clock a. m. and close when the mall Is delivered , lot that be noon or 1 o'clock In the afternoon. The carriers will make the regular morning trip , but they will do nothing in the way of taking out the pockages that have been mailed. These packages aggregate several wagon loada and will be delivered In due time. The postmaster has mailed notices to parties having holiday package * at the office so that If they are not delivered they may know that they are there and may call for tb m I Ml IHVf 4 IBLATZ/ It charms with its flavor , delights with its taste and conquers with its purity and high quality. For S ! by Foley Broi * Vholewte De ler , 1412 DoogUt Street , Om ha , THE SFAH MILWAUKEE RCEf Neb. Tel. 1081 I SOUTH OMAHA NEWS. | The postoftlco was literally swamped with packages yesterday. Every mall brought In sacks full and the carriers had more than they could handle. Where It was possible notices were sent requesting people to call at the postofflce for packages too large to deliver by carrier. This method lessened the heaps somewhat , but there still remains any number of packages which cannot be delivered until Tuesday. In addition to the Christmas packages the magazines came In vesterday and this Increased the loads of the carriers Just that much. The sending out of money orders and registered packages foil oft a little yester day afternoon and the lull gave the em ployes a chance to catch up so that by night every registered package received during the day was on the way to Its des tination. Postmaster McMillan said that the business douo at the postofllce this Christmas wtas far ahead of previous vcars. nt St. Aimed. High mass will be celebrated at St. Ag nes' church at G o'clock this morning , with low masses at 6 , 8 and 9 o'clock. At 10:30 : o'clock high mass will bo celebrated with the following program : Brawns' mass In 11 Hat. Kvrlo Clelson Choir. Christie Elelson T. Sulllvim and II. Dennett Gloria Choir. Soloists , Kuto nnd Tlieresu Des mend , C. N. Gibson and llariy Dennett , Credo Choir Et Incarnatus est Agnes O'Connor nnd T. Sullivan Offertory Adeste Fldeles Knte Desmond and choir Banctus Hello Wilson and choir Bencdlctus Harry Bennett Agnus Del Choir Masa will be followed Immediately by benediction of the most blessed sacrament. Mrs. Eps Cory will preside at the organ. Stolen at IIrow 11 I'nrk School. Stoves are to be placed In some of the rooms at the Brown Park school building In order to Insuie warmth on extremely cold days. In the old part ot the building the Smead heating and ventilating system Is still working , but Architect Davis as- ' eerta that the furnaces are burned out and Kho heating plant does not at this time give satisfaction. Ever since the building was remodeled and added to there has been trouble about the heating and ventilating for the reason that errors were made by the architect who drew the plans. These defects were remedied as much as possible , but now furnaces will have to be Installed In order to supply heat enough. The Board of Education will try to worry along this winter with stoves with the Idea of overhauling the heating apparatus In the spring. Watkini Family Itcnnlon. A reunion of the Watklna family Is being held at the home of Mr. and Mrs. J. B. Watktns , Twenty-sixth and E streets to day. It Is the first time In twenty years that all of the members of the family have been together. Tbe members ot the family who are here are W. W. Watklns of Shell Lake , WIs. , C. B. Watklns of Cloquet , Minn. , J. F. Watklns of Chicago , Mrs. J. B. Watklns and Miss Harriet Watklns of Clinton , la. Jack Watklns and hl < * esti mable wife are doing the honors and are entertaining the visitors to the best of their ability. Donation tn Ki-v. Mr. Jolinion. The friends of Hev. J. A. Johnson , former pastor of the First Methodist church In this city , met at Miller's restaurant Friday evening and celebrated tbe anniversary of Christ's birth. A pleasant evening was spent with games , music , etc. , and refresh ments were served. J. F. Roberts , A. F. Stryker and others made brief speeches. When Rev. Mr. Johnson arose to respond to these complimentary addresses he was presented with a purse containing $129. Rev. Johnson was so overcome that It was necessary for Mrs. Johnson to thank the donors. Strlft'n New Stuck. There has Just been completed at Swift and company's plant In this city a monster steel smokestack. This stack Is ninety-eight Inches In diameter and 1GO feet In height. In connection with the building of this great stack the boilers have been thorouphly overhauled and a number of Improvements made. With the exception of tbe stack at the electric light plant , the Swift stack Is the highest one In the city. City Gnnli , Buy Klondike coal from Christie Bro ) . Holiday liquors. Wollsteln t Co. , 2010 N st. Lightning messengers furnished by A. D. T. Co. The banks and city offices will bo closed on Monday. Trading stamps given at Coleman'e. Lead ing Jeweler. The Infant son of Mr. nnd Mrs. E. A. Cud- nhy died Friday. Private sale of household goods this week. Erton , Twenty-seventh and B Btrct'ts. ' Storm sash. E. H. Howland Lumber & Coal Co , office , 24th St. , south of M st. Rev. Samuel Johnston of Allegheny , Pa. , spent Friday of lost week with Miss Mullen. H. K. Wolfe and family went to Lincoln jesterday to spend a few days with rela tives. The Pork Butchers' union will glvo a masque ball at Modern Woodmen hall on Monday evening. Modern Woodmen cAmp , No. 109G , enter tained the Omaha and Council Bluffs camps Thursday evening. The tenth annual ball given by the paid fire department Friday night was the success tLat had been predicted. Street Commissioner Ross was reported much better yesterday , but ho Is still suffer ing Btvero pains In his side. The old Hayes building at Twenty-fourth end H streets , which was partially destroyed by fire last October , U bolng torn down. Rev. George A. B : * of Omaha will ad dress the meeting for men at the Young Men's Christian association this afternoon. . On Monday the Young Men's Christian as sociation rooms will be open as usual , but the evening gymnasium classes will be \ emitted. Next Friday night Ancient Order of United \ Workmen lodge , No. 227 , will glvo a ball at Modern Woodman hall , which promises to be very pleasant affair. ' ' E''Haaklnson , who was temporary mana ger of the Swift plant hero during the Ill ness of General Manager K. C. Price , re turned to St , Paul , Minn , , yesterday , Fred H. Jones , 411 North Twenty-fourth street , dl l yesterday , consumption being the cause. The funeral will bo held under tha auspices of Ancient Order of United Work men lodge , No. 66 , "John W. Grlbblo and wife , who have been the guests of Mr. and Mrs. J. 8. Walters tor a few days , left last evening for Dakota City to spend the holidays. A special meeting of Ancient Order ot United Workmen lodge , No. 65 , will bo held at the hall , Twentsixth and N streets , at 3 o'clock this afternoon to make arrange ments for the funeral of Fred H. Jones. The children of the First Methodist Epis copal church Sunday school observed Christ mas exercises last night. A program appro priate to the occasion was dendered , which was followed by the distribution of presents. Yesterday the charity committee of the King's Daughters distributed baskets of food and clothing to thirteen needy families. Thq baskets contained all that goes to make up a good dinner , besides In many cases a few articles ot clothing. The Sunday school ot the Baptist church will give a Christmas entertainment at the church , Twenty-fifth and II streets , on Mon day evening. The entertainment will con sist of songs , recitations , etc. , by tbo scholars. Gifts ot clothing , food and tojs will bo brought for distribution to the poor. Dr. W. L Curtis of this city and Miss R. Mint Campbell ot Syracuse , Nob. , will bo married at the home of the bride on Tuesday. The groom Is well known here and has many friends who will wish him Joy. Miss Camp- tell has visited hero a number of times nnd Is n charming young woman. BOARD FUR THE BOOTLEGGERS Juiluf MniiK < * r l'rolil - Quarter * ( or MX Indiana for the Aext Sixty IJllJH. Just before going home yesterday after noon Judge Munger of the United State * court called David Blackhawk , John Four- clouds , Louis French , Robert Twlnbrothcr , Thomas Whlteblrd and Paul-tho-Prlcot before - fore him nnd presented them with Christ mas presents which they will be enabled to keep for a number of days. The six Indians In question had been Indicted by the grand Jury and had pleaded guilty to the crime of selling and giving liquors to the Omaha and Wlnnebago Indians. Yesterday each man was fined $100 and costs and sentenced to a term of sixty days In the couty Jail. In passing sentence upon the six Indians yesterday , Judge Munger eald ; "I propose to stop this sale of liquor upon Indian reser vations. This tlmo I have Imposed the min imum sentence , but If these parties come before mo again I will double the dose and the third time I will Impose the max imum penalty , which will bo a term In the penitentiary. I am determined to stop the sale of Intoxicants among Indians and I am convinced that the only way to do Is by Imposing the penalties provided by law. " WHAT MOGY REALLY DID SAY Statement Conceruliiir a Mlnleadlntr Announcement In n Local 1'uhllcntlon. "Tho World-Herald misquoted a state ment I made the other day , " said Mogy yes terday , as he produced a clipping from the paper a'luded to. There was a llttlo em- phatlo Indignation In the manner of the popular newsboy. Mogy Is known far and wide as the King of the Omaha newsboys. The paper mentioned attempted to maka It appear that the profit of the newsboy Is greater In the sale of the World-Herald than The Bee and It also had the nerve to make Mogy say that more of Its papers were sold than Bees. Let Mogy speak for himself : "This Is what I did say , " ho continued : " 'Tbo newsboy bujs Bece for 2 cents. " 'He sells for 6 cents. " 'Therefore he makes 150 per cent profit , " 'Ho buys World-HeraMs for 1 cent. " 'He sells for 2 cents " 'Therefore ho makes only 100 per cent profit. profit.'The 'The newsboy sells more Bees on Sun day than World-Heralds. ' " Elirtlt Vo f nv.r.tirc | > . At a social gathering nt the residence of Hon. John H. Duller , on South Tenth street , last Wednesday night , there wire eight men present. A combination of circumstance ! hn > l linked the p' ht toseU'r I - or years. It vvaa found on comparison that two of the eight had served In the First Nebraska state legislature In 1867 ono In the senate and one In the house and two ef the eight were the ily state ofilcert Inside of the state for sixty hours In 1873 , during the visit of the Nebraska legislature and state officers to Topeka , Kas. Ono was a member ami the other a clerk of the house of representatives. Three of the cleht were members and ono at present a member of the Nebraska legislature. Four of tbo eight were , twenty-one years ago , railway post masters associated together. Four of the eight wore in the United States service during the rebellion. Four of the eight are members of Capitol lodge , A. F. & A. M. Three of the eight are Knights Templar. Two of the eight are 32d degree Masons. Three of the eight are members of Tangier temple , Mystic Shrine. Ono of the eight at ono tlmo served a term us Judge of the district court for till a district. Ono of tbo eight served as prosecuting attorney for the district at that time. Including Sarpy , Douglas , Wash'nRton ' and Burl comities. Ono of the eight has sailed every sea of the globe. Who can name them ? Merchants' Ilcnn Chili Notice. A new rule has been adoutcd that no per > - son can deposit more than three coupons iv 1th any one merchant on the same day. HU-CAN ? HU-CAN7 HU-GAN7 HU-CANT LOCAL BREVITIES , A concert will bo given at the poor farm for the benefit of the Inmates on Monday afternoon. The many friends of Miss Mary Well's will he pained to learn of her death , which oc curred on last Wednesday In Kansas City. Her funeral was held there. First United Presbvterlau Church , Twenty- first nnd Emmet Streets , Rev. F. B. Foster , Pastor Services at 10.30 a. m. and 7 30 p. m. : Sabbath school at noon , mission Sab bath school , East Omaha , 3.10 ; Junior Union , 3:30 : ; Christian Union , 0.30. At the Farnam school kindergarten tha children were treated to a tree and bad a call from Santa Claus. The work of the f.ttlo ones was used for decorations and candy bagg were In abundance. A program of recitations and songs waa given and carried out In splendid style. A great many parents wore present. The Christmas services today at the Westminster - minster Presbyterian church , Twenty-ninth and Mason streets , will be In celebration of Chilslrnaa Sunday. A special musical pro- i gram has boon prepared by the choir far both the morning and evening eervlc s , | whlui wMl bo conducted by the paau/r , Huv. I T. V. Moore at 10 30 a. in. and 7:30 : p. in. Sunday school at noon. Cly Engineer Andrew Rosewater will de liver a uerles of free public lectures before the. city Improvement committee of the Woman's club. The Initial lecture will b given Wednesday , December 28 , at 4 p. m. In the tast parlor of the club bouse. Tha subject for the opening lecture U "Municipal Ownership. " Given by a recognized authoi- Ity on thin subject these lectureb are ex pected to be of special value to all Inter- In any branch nf civic * .