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BURT BEFORE POLICE JUDGE
riuU Sot Quilt; to Ta ChargM sf Fal Impriionnsfnt. COURT SETS TRIAL FOR NEXT WEDNESDAY Defendant Glrti Bonds for Tare Headred Dollars la Earn Caae Caagat ay rho((ripkfr aa He EnUra Court. President Horace O. Burt of th Cclon Faclflo Railroad company waa arraigned bs fors Judge Berka yesterday morning en ten warrants charging him with false Im prisonment, to which charge he pleaded not guilty, waa admitted to bonds in the earn of $3,000, released and hl trial let for Sep tember 1. Thla la the atatua of the caae brought against President Burt br the men whom the Colon Tactile imported 8unday from In , dianapolla. Aa haa been publiahed theae Ben, ten In number, claimed to bar been employed by the company's agents under false pretenses, namely, that there was no trlke on the Union Pacific, and they fur thermore afsert that they were Imprisoned on the car at Council Blaffs and at the hops by William Canada, chief of the Union Pacific's secret service. It was for this alleged false Imprisonment that the tea men swore to 'warrants of arrest for President Burt aud W. Arnett, employment gent of the company. The case was placed la the hands of the county attorney and Deputy Thomas Is personally conducting the prosecution. President Burt entered the court at 10:3J yesterday morning, one hour and thirty flre minutes behind schedule time. He was accompanied by John N. Baldwin, general counsel for the Union Pacing, and John C. Vlssard, special agent for the company. The other Union Pacific attorneys, Bdaon Rich and Charles L. Dundey, who wera Mr. Burt's bondsmen, wera already there, having ar-4 rived at the hour appointed for the arraign ment Prealdent Burt walked to the front f the room and took a seat. He wore an amused expression and as he turned to scan the ourlous crowd thai, thronged the court room a broad smile bedecked his atern countenance. 'Mr. Bart glgna His Bonds. After a few minutes' consultation with Judge Berka. Trosecutor Thomas and Attor neys Rich and Dundey, Mr. Baldwin beck oned to President Burt to step to tho desk and sign his bonds. , These, as have bnao atated, were ten in number, one for each warrant, and wera In th& sum of $300 each. The president consumed but a tew minutes In this operation. He displayed no emotion whatever and his hand swept across the pa per with as steady a stroke as if he might have been signing receipts for large rail road revenues. The officer of the court waived the read ing of the warranto, and Judge Berka then said: "It will now be necessary for you to plead, Mr. Burt. 'How do you plead, guilty or not guilty T' ' "Not guilty," quickly Interposed John N. Baldwin, before President Burt had had lima to realise the court's question. Then, turning to his leading attorney. Mr. Burt asked, with manifest cariosity, "What was thatt" , "Do you plead guilty or not guilty T" re peated Judge Berka. "Oh, not guilty," spoke the president. In a low tone. "Well, gentlemen," said the Judge, "it Is agreed, then. Is it, that this case shall be aet for September I at 10 a. m.T" "Tes." answered the attorneys on each side In ualsori, and the court Informed Mr. Burt that he would be expected to appear for trial at that thW "Very well. Is that allt" asked the presi dent. ' . , "That U all." Judge Berka replied, and Mr. Burt, bidding tho court and attorneys good morning, left the room with Mr. Bald win and Mr. Vlssard, returning to the head quarters. ne Nothing to Say. Aaked If he had any statement to make after the proceedings were over. President Burt replied: "Nothing at all, there la nothing to say." The occasion of the president of a great railroad being summoned to appear In po lice court on a warrant of arrest created unusual Interest and drew to the court room a large crowd of curiosity seekers. Before o'clock the court room was filled and stragglers stood In front of the police sta tion, all eager to get' the first glimpse of the man whom, theae "horny-handed aons of toll" bad accused of depriving them of their liberty. There was ths chronto Juror In the motley . crowd, ths Inpecunlous ha bitue of police courts, the man who never misses a session of these minor mills of Justice, a number of strikers and many of the complaining witnesses. In addition to theae was the usual run of "morning glor ies" Waiting for their sentences aa "vags" or "auspicious characters." The crowd manifested considerable Impa tience whea 10 o'clock came and still Pres ident Burt did not appear. It was the pur pose of Attorney Rich and Dundey to dis pose of the matter Without bringing the president Into court it possible, but Deputy County Attorney' Thomas objected to this flan and Insisted that Mr. Burt's presence was necessary. "Very well," replied one of the attorneys and tho prealdent was then called np oa telephone and advlaed that his presence In court was required. Caagat fcr Saaaahot ' Artists. As President Burt, John N. Baldwin and Special Officer Vlssard of the Union Pacific got within a few yarda of the police sta tion a photographer, representing a news paper, who had been standing on that very spot for several hours to catch the presi dent, called to him. This was merely to attract Mr. Burt'a attention so that a front view could be caught. But President Burt was unconscious of the trick and turned as soon as his name was called. "Now put that thing right up," he aald. catching alght of the camera, but It. was to late, for the mischief waa done, and before the president bad advanced many feet farther the shot waa repeated, and the aame performance took place as he came out of the police station. The president walked to and from his office and the police station. He was mani festly annoyed at the unusual demonstra tion, though evidently could not restrain a smile at the real humor of the situation, which seemed to impress Itself upon all present. Attorney Baldwin was asked it be had any statement to make and said: "No, we merely entered a plea of not guilty, which, of course, does not prejudice oar right to move for a dismissal of ht case or demur whea the time comes." Ths court assented to this. Mr. Arnett la out of ths city and eould not be reached with the warrants. The plaintiffs in ths case against Presi dent Burt are not entirely satisfied with dropping matters at criminal prosecution. They want mora than mere redreaa for their grievances, insisting that they must be remuaerated for the time and money lost la coming out to Omaha. "Therefore we have decided," aald one of the men, "to Institute civil action, If possi ble, to recover money for the time we have bee a Idle, that ia, since we hired to the eompany'a agents la Indlaaapolla, i for the Individual tees paid for the pos tlons and to secure transportation back to our homes." Suiue of ths me a are at work t a brick yard, getting enough money to bear their actual expenses while here, bnt two or three have been Instructed to proceed with this esse, and they consulted attorneys yester day as to methods of procedure. Yesterday waa uneventful la strike af fairs outside tho arraignment of Prealdent Burt. A few of the workmen left the shops, probably seven In all, and no new ones were Introduced. Strikers who. are keeping In close touch with the situation at, the shops declare that the men on the Inside are more restless than they have been at any time since the strike began and would leave the shops but fcr tho restraint of guards. The strikers are maintaining larga picket forces day and night on all sides of tho yards. - CROWD AT THE BAND CONCERT Warm flight Brians Oat Maay Bn taaelasts, Who Warmly Applaad nivela. The first warmv alght .In many daya brought out 2,000 people to hear Rlvela and his band last night. Mild weather appar ency released the approbation of the large audience, and the applause came In great swells after every number, unstinted, un failing. The sextet from Donlxettl's "Lucia di Lammermoor" came eighth tin the program and was the artlstlo climax of a triumphant evening of mualc. This number found a keen rival for popular favor, however. In Big. Betaro's harp playing, which preceded. His offering of "The Suwanee River" aa aa encore proved the Intimate bond which drew the hearers mora closely to the muse's va riations than any other selection. Pader ewskl'e "Minuet" as played waa a gem of Interpretation, Friday afternoon next la to be the chil dren's matinee. The committee la charge of the festival haa Just set aside thla time for the little folks, and the admission for all under It years of ti will be onlv ia ocnts. A swarm of the Juvenile lovers of musio is expected on that occasion. Today'a programs: MATINEE. L . March Phlllpovlch Bchmld Overture Morning, Noon and Night.. Suppe Trumpet Solo A Dream Bartlett . Bl- 08 Mltrla. "Gems of Stephen Foster" Tobanl Solos Blgnorl DI Natale, Dt Pulvlo and 'Scarpa. II. March Tannhauser Wagner Intermesso Cavallerla Rusticana.Maacagnl Walts-Loin du Bal unlet Grand Selection Polluto Donlsettl Solos , Blgnorl Falma, Marino and Curti. - EVENING. . X. Symphonic March Return from Turin. Oye'ureBeautifui'OaiareVV.V.V.V. Suppe Trio for Flute, Oboe and Harp Idyle Britannlque Plllevestre Blgnorl Lamonaca, Ferullo and Betaro. "Dance Macabre" (Dance of Death).. n i: Sent Batfns Grand Selection Carmen Bizet Prelude Habanera Toreador Introduction. March and Finals Act IV. Solos Blgnorl Palma, Marino, Curt'C Feruiio. II. "Siegfried's Funeral March" Wagner Songs (s) "All the Wdrld Awakes Today"... ' ... V.;:.V. ""A"" Edward German (b) "1 11 Sing Thee Songa of Araby".. , Clay (c) "I Will Give You the Keys of Heaven" .... Old England Mr. Arthur it. Burton, accompanied by , . Mr. Channlng Ellery. Reminiscences of Scotland" .... Godfrey Soloa for All Instruments March-Patria , Murao Amusements. If anyone had a doubt that ragtime re talna a precedence -as va ..popular drawing eard with the masses It would have been dispelled had they atUnded Krug Park last night, where the special event was a con cert of this syncopated style of harmony by Huster's band. The audience waa most en thusiastic and applauded their favorites un til the number of encores responded to were nearly as numerous as tho compositions oa the reguar program. In addition to coon melodies by the band, Huster contributed a recitative and aria by Paudert on tho trom bone, and for an encore rendered "Young Werner's Parting Song," by Neaaler, both receiving tumultuous approbation. Aa event that attracted nearly as much attention aa the musical program waa the cakewalklng of a number of children who congregated at the pavilion. Some of ths IHtlo ones dis played cleverness approaching a professional standard. ' The moving picture production of "Jack and the Beanstalk," the "Passion Play" and other free shows provided a va riety of entertainment. Oa Friday the band will play a program composed of light opera selections. PENSIONS FOR WESTERNERS Survivors of tho Ware Generously Remembered by the Gen eral Goverineat WASHINGTON. Aug. 27 (Special.) The following pensions have been granted: ' Issue of August 2: .-ri?'""U: Noah Hockman, Dorchester. $6; Carrlngton Hammer, Weeping Water! 6; Richard P. Maddox, Lincoln, to. In crease, reissue., etc William Steele, Ne braska City. U. Widows minors and de pendent relatives: Mary A. Morris, Oor don, $8. Iowa: Widows, minors and dependent relatives-Elizabeth J. Muck, Clarlnda. ii: Mariraret Leuach, Traer, t. South Dakota: Originals Joshua V. R. Priest, Milbank tt. Issue of Auguat 4: Nebraska Increase, reissue, etc. Ellas Qulnn, Iturchard. 8; Isaac N. Alderman, Oasis, $17; Joseph E. Spencer, Beemer, $8; Aaron 8. McCarter, Wymors, $12 (Mexican war). . Iowa: Originals-Charles W. Harmon. Iucky Valley $4. Increase, reissue, etc. Francis E. Walker, Bedford. 110; Edwtn O. Dickens. West Union. 18; Mark- W. Wright. Epworth. $8; Edward MoOunn, Davenport. Ill; James R. Minor. Oakvtlle, $19; Christopher Blllhlmcr. Clarksvllle, M; Leander O. Oinn, Dee Moines. 1!7; Wil liam U Hay, Fort Madison, 110. Widows, minors and dependent relatives Caroline Ellis. Dowa, $8 (Mexican war). Wyoming: Increase, reissue, etc Wes ley B. Cox. Rawllna, $10. South Dakota: Increase relasus, etc. Charles H. Palmer. Mitchell, 110. Isaue of August t: Nebraska: Widows, minors and depend ent relatives Lucella M. Moore, Harvard. $8. . Iow,L Increase, reissue, etc. William Mcol. Osage. U: Nathan Blgelow, Soldiers' Home, Marshalltown. $17; Alva H. Jarvls, Waverlv. Ill; Henry C. Crandall. 8hell Bock, $30; Horaee A. Chtpman, Manson. $8; Leander D. Oreen. Osage. $12; Ben jamin Kingsbury, Ames. $10; Samuel Mof fatt, Tyrone, 110. Widows, mlnore and de pendent relatives Minors of Charles 81m plot, Dubuque, lit Issue of August (: Nebraska: Originals Henry Sehlbe, De catur, i; Loud E. Wbltsel. Oeneva ttf (war with 6aln). Increase, reissue, etc. Jos eph J. Lichtv, Lincoln, tit. Iowa: Orlitlnals John B. Smith. Soldiers' Home. Marahalltown, $ Increase, reissue etc. Tidense W. . Lane. Moravia. IJ.' Widows, mlrora and dependent relatives Msry Jane Baker. Clarlnda. 112. Wyoming: Originals John A. Mason. Dubois, to. Issue of August T: Nebrsska: Originals Frederick White head. Wood River. M; William Balfour. Nebraska City, U; John H. Mills, klprlng field, Ht Increase, reissue, ete. J notes Divert. Doraey. UO. Widows, minors and dependent relatives Nancy lilgbt, Norfolk, Iowa Originals William Whitney, New Hartford. U: Edward Black, Jeeup. f. In crease, ralsaue. etc. Jcob Twiu. iMuy vllle. is: Jerome Beabury, Union, $10; Beth B. Btevens. Maavn City. 117. Widows, minora and dependent relatives Angellne D. Jones, Unique, (; Levlna R. Felt. Osage. U. Wyoming: Originals Nelson T. Wood, Bnldlera' and Batlurs' Home. Cheyenne, IV Buuth Dakota : Orlg'-iji 'balts C. Brunaomao. Eikton. U. w THE OMAHA DAILY BEE: TIIUItSDAY, STATISTICS 0N RAILWAYS lateretato Coaaaaerea Coaaaalesloa Re ports for Year stadias; Jaae SO, lftot. WASHINGTON, Aug. 27. Ths Intarstata Commerce commlsaloa today Issued a sum mary of the annual report on statistics of railways la the United States, covering the year ending Juno 20, 101. Ths number of raUways In the hands of receivers on that date waa forty-five, a net decrease of seven, as compared with the corresponding date of the year previous. The capital stock represented by the railways In the charge of receivers was $49,478,257. funded debt $64.748, 2 and current llabllltlea $14,183, 230. These figures show a decrease la cap ital stock represented aa compared with 1900 of $61,818,69$ and In -funded debt ot $62.44,SG0. Ths total single-track railway mileage In the United Statea June 20, 1901, was 117, 237 miles, this mileage having Increased during the year 1,892 miles. The operated single-track mileage in respect to which detailed returns were made was 195,571 miles, this mileage Including 5,0 miles of line on which privileges were granted. In cluding tracks of all kinds the aggregate length of railway mileage was 266,36$ miles, an Increase of $,562 miles. , There were 39,584 locomotives In the service of the railways, which was 1,921 mors than were in use the previous year. Tho total number of cars ot all classes In ths service on the date atated waa 1.651, 833, there having been an increaae of 99, 99$ In rolling stock of this class. Ths number ot persona in ths employment of ths railways of ths United States Juno 80. 1901, was 1,071,169, or an average ot 648 employes per 100 miles of line. As com pared with June 20, 1900,. the number ot employes Increased (3,616. 1 The amount of railway capital outstanding was $11,688,177,991. This amount oa a mile age basis represented, a capitalization of $61,628 per mils ot line. Of the total cap ital stated $5,806,697,104 existed In the form of stock,, of which $4,476,439,721 waa com mon stock and $1,831,167,383 preferred stock. The amount which existed In the form of funded debt was $6,881,680,887. Ths amount of current liabilities which Is not Included In tho foregoing figures was $620,408,419, or $3,266 per mils ot lins. The number ot passengers carried was 607,278,121, showing an Increase for the year ot 80,412,891. The number ot tons of freight carried during the year was 1,089,226.4471, a decrease of 12,462,798 being shown. The gross earnings from the operation of the railways la the United States were $1,688,- 526,037, being $101,481,223 mere than for the fiscal year 1900. The operating expenses were $1,030,397,270, having Increased In com psrlson with the preceding year $68,968,759. Tho total number ot casualties to persons on account of railway accidents were 61, 794, ths numbsr ot persons killed ' having been 8.456 and the number Injured 63,339. Of railway employes 2,67$ were killed and 41, 142 were injured. The number ot passen gers killed during the year waa 282 and the number Injured 4,988. Tho number of per sons other than employes and passengers killed waa 6.498, and Injured 7,209. WAINWRIGHT TAKES NEWARK aatlaaro Hero Gets Coanaasvael of Pro tected Cralaer aa Result of Prospective Cb a a ares. WASHINGTON, Aug. 27. Ths Navy de partment announced today that Captain Colby M. Chester would succeed Csptaln H. Davis aa superintendent of ths naval ob servatory. Captain Davla will be placed la command of the battleship Alabama as the successor of Captain Wlllard H." Bronson, who In turn will succsed Commander Rich ard Walawrlght as superintendent of the Naval academy at Annapolis. Commander Walnwrlght, who achieved great distinc tion in the tea fight off Santiago as com mander of the converted yacht Gloucestsr, which destroyed the two torpedo boat de stroyers of the Spanish fleet, will be as signed to tha command of the protected cruiser Newark when It goea into commis sion, October 15. MUST NOT BET00 ACTIVE Department laatraete Poataaaster as to What Degree Ha May Par ticipate la Polities. WASHINOTON. Aug. 27. The part whlca postal employes ars to ba permitted to take In a political campaign la outlined In ths following Instructions which Acting Post master General Wynne has addressed to a postmaster who sent a letter of Inquiry: In reply to your letter you are Informed that you are not prohibited from Joining a political club, nor making voluntary finan cial contributions outside of a government office or building, nor from acting as a delegate to a county, state or congressional convention. You should not, however, serve aa chair man of a state or county committee, nor take active part in conducting a political convention, nor make yourself unduly prominent In local political matters. DEATH RECORD. - Jesse Heifer, Hehroa. HEBRON. Neb., Aug. 27. (Special.)' Jesse Heifer, a. resident tot this city, died here yesterday. He would have been 82 years old today. He waa burled thla morning from the Christian church, where an Impressive funeral service wss conducted over his re mains by ths pastor, Rev. R. A. 8hell. Many of his old friends and comrades were present. Morton post,, No. 17, Grand Army of the Republic, ot which deceased waa a member, escorted tho remains to ths cemetery. George W. Do Harts, CEDAR RAPIDS, Ia., Aug. 27. George W. Ds Haven, pioneer clrcua proprietor, ia dead here aged 65. He was ths first show put to Inaugurats ths "railroad" circus and also Introduced Romaa hlppodroms races in circus performances. Da Haven had organised thirty-three different clr cusses. Interment will be at Polo, 111. O. P. MeOarvIe, Telegrapher. LOS ANGELES. Aug. 27. O. P. McGarvle, a well known commercial telegrapher, la dead at his home In this city, sged 27 years. Hs had been employed In the local Western Unloa office for the last two years. X widow and one son survive him, also two brothers, ons living in New York. Rot. Thoaias Gallaadet. NEW YORK. Au. 27 Re. Thnm,, R.I. laudet, D. D., a Protestant Episcopal clergy man, wno was aoiea lor bis work among deaf mutes, died at hla home ia this city today. He waa born at Hartford, Conn., In 1822. FIRE RECORD. Rsrrliea, Idaho, la Dasger. SPOKANE. Wash.. Aug. 27. A special to the Chronicle from Harrison, Idaho, says,: A hot lire la raging here aad the entire towa la ia danger of destructloa. The lire started In the Cameron Lumber company's plant about 2:30 p. m., ths supposed causa being a spsrk from aa engine. The Cameron plant, valued at $60,000, la -already destroyed. A high wind la blowing toward ths east. Should (t turn toward the towa there is lit tle hepe of saving It The cltlxens ars fight ing tha Ire. but are almeet powerless, as ths aster works throw but fssbls streams. AFFAIRS AT SOUTH 'OMAHA Effort Being Mad to Sscira Eitsniionof Street Bail way. TO REACH FORT CROOK AND BELLEVL'E Proal.deat Morphy Gives Aaaaraaeo That Proposed Kxtenaloa Will Bo Coastderoel by Dlreetoi Macle City Gossip. Another effort Is being made to Indue the street car company to extend Ita car line on Thirteenth street to Bellevue and Fort Crook. Dr. Kerr, president of Belle vue college, had an Interview recently with Frank Murphy, president ot tho Omaha Street Railway company, and while no defi nite promises were made, Mr. Murphy as sured Dr. Kerr that the matter would soon be considered by the directors of ths company. The growth of tha college and the placing of the Second and Third battalions of the Twenty-second United Statea Infantry at Fort Crook demand that there be soms means of transportation be tween these points snd Omaha. Members of the East Bide Improvement club say that they are doing all they caa to Indue the street car company to -extend Ita lino on Thirteenth street, -which now ends at Dominion street on tha south, so as to connect with the Missouri aveaue Une. Property owners oa Thirteenth street do- J Irs soms kind of street car service and re hopeful that the deal between Dr. Kerr and President Murphy will go through. It waa thought by East Sldere that the Thirteenth street line would be extended so as to connect with the Missouri avenue line,' but as this haa not been done it la predicted that the delay Is caused by ths consolidation recently reported. Inspector Jones Basy. Sanitary Inspector Jones was busy yes terday afternoon looking after some of the alleys In tha business portion of the city. Hs will at once serve notice to clean up and unlesa thla Is done within forty-eight hours arrests will follow. Soms of the alleys, particularly in the business portion of the city, are in a filthy condition and demand Immediate attention. In apsaklng of this matter the Inspector said last even ing that there was no excuse for dirty backyards or alleys, aa there is a good road to the river, where garbage may be dumped with aafety. He proposes there fore to insist upon a thorough cleaning up. Fire Hall Equipped. Chief Etter of the fire department atated yesterday that tha No. 2 hall, which was partially destroyed by fire on the night of May 30, waa now In service again. About 1,000 feet of new hose was purchased by tha council and tha chief has sent thla to ths No, 2 house. As soon aa the Labor day parade Is over the No. 2 wagon will be sent to the shop tor repairs and an ex ercise wagon substituted. The repair to the building were made at the expense of the city with the expectation that the In surance company wouiu aviuo avuravitua. Calling- for Bids. Chairman Miller of the buildings and grounds committee of the Board ct Educa tion la advertising for . bids for the con struction of a four-room addition ta tha Lowell School. The plana, drawn by .Arch. Itect Davis, have been approved by the board and the specifications are now ready. All bids for thla work, must bo accompa nied by a certified, check, for $100. In ad dition to thla tha board reserves the right to reject any or all bids. - Bids will bs opened at a meeting of the board to ba held on September 2. 1 Pre fear In a- for Labor Day. All of tho labor organizations In South Omaha are making preparations for the celebration on Labor day Mayor Koutsky has Issued a. proclamation requesting bus iness men to close their places and direct ing that ths city ball ba closed. The banks will be closed all day, but business at tha Live Stock exchange will go on as usual. A parade of the local -jinlons Is being planned. Ineorrlaable Boys. Police Judge King proposes to commit Charlea Emma and Frank Bomaster; both lada about 12 years of age, to the reform school. These lada have of late been mak ing the police considerable trouble aad have frequently been taken Into custody for minor offenses. As t the youngsters seem to be beyond control, an effort will be made to send them to the reform school. Pay Solicitors' Llceaae. Yesterday Max Rosenthal called at the office of Cltv Treasurer Howe and n.M th. tea of $100 for tha privilege ot maintaining a solicitor. The Rosenthal case haa been tried in the police court and waa taken thence to the district court. - in nrd.r to do away " with any further litigation Mr. Rosenthal decided to pay the fee demanded by the city, although he atated at the time payment was made that he considered the amount entirely, too large. Complaint Agalast Hashes. A complaint was filed In police court yesterday afternoon charging Joha Hughea with highway robbery. It waa asserted by Qeorge Lamb that Hughea assaulted and attempted to rob him at a point near Thirty-third and L. streets Tuesday. Lamb haa a badly battered face to abow, but hs says that he disposed of his money so that Hughes did not get any of It. Hughea la bow In Jail. ' W. O. Hopklaa Dead. W. O. Hopkins, an old resident of 8outh Omaha, Is dead. Funeral services will be held at 9:30 o'clock this morning at Brewer's undertaking establishment. In terment will be at Laurel Hill cemetery. Rev. R. L. Wheeler of the Prahv.ri.n church Will officiate. The fleeA.i1 wM.fe- at his trade aa a barber here for and the members ot ths Barbara' union will attend the funeral. Soaio Msre Sewers. A sewer Is now being laid from Twenty fifth and U atreeta to Twenty-fourth and Q atreeta. This aewer when completed will cost about $800 and will be paid for by the property owners and will be known aa a private sewer. Tha necessity for this Improvement haa been apparent for soma time and complalnta from the Board of Health forced the property ownera to take steps to .Improve the sanitary condition of tho locality Included In the district mentioned. A twelve-Inch sewer is being laid and thla ia considered plenty large enough to last for a number of years. Hospital Bea'K Toalght. The first of a scries of dramatle enter tainments to bo glrea by the young peo ple of South Omaha for the benefit of the local hospital will ba given tonight at tha Eloaae building on Twenty-fifth atreet. A pastoral drama called 'Home. Sweet Home," will be produced. Soma changes havs been made la the Interior arrange ment of the ground Boor of the building, and as a large number of tickets bars bees sold tt is expected that the re eelpta will assist materially la maintain ing the hospital. Entertainments will also be gives oa Friday and Saturday even ings. Magic city Gosalp. Ed 3. Brennan waa on the atreeta yes terday ceiling ufoa old fiieadj. iix. Breo-. AUGUST 28, 1902. nan has been seriously 111 for over seven months. George Westcott Is visiting friends In Colorado. H. Dunn la back from a two weeks' va cation spent In Denver. MJss Anna Levy la back from a two weeks' vacation spent In the east. Dr. J. M. Tlsche has gone to Minnesota to apend a few weeka with relatives. H. Reed, wife and daughter returned yes terday from Chicago, where they spent the summer. While still on the el-k list Chief BrtRs of the police department was at his office for a short time yesterday. Superior lodgo No. 193, Degree of Honor, will meet on Thursday evening for the pur pose of Initiating candidates. The drill team of camp No. 100J, Modern Woodmen, will give an Ice cream social at the camp hall thla evening. Physical Director Baker of the loonl Toung Men's Christian association has re turned from a three weeks' vacation spent In the east. TRUSTS A MISNOMER (Continued from First Psge.) Last annrnnrlnt.lv named. Thev were called respectively "The Aladdin Lamp company" and "Tha American Octopus company." Tne aupreme coun or xne uniteo siaiea and several of our presidents have more than once called attention to the gravity of the situation, and we cannot suppose that men occupying such high positions of responsibility would wantonly excite public apprehension. There Is one form of tyranny that gov ernments, however Instituted, cannot at least directly emerclne. Efforts have often never successfully. The natural laws of trade always triumphed over the artificial laws of men. But whoever can control the supply can Ox his own prices, as we see In the case of Pharaoh in Egypt It was not ss king that he asserted . that power, fur the command of the supply would have given it to htm If he had been a private Individual. Presldeat Roosevelt (tooted. President Roosevelt has said more than once that the Dower of corporations over prices should be subjected to public control. Very recently he said: "We may need and, In my Delier, we oo neea new legislation conceived in no radical or revolutionary spirit, but In a spirit of common sense, common honesty and a resolute desire to facta as they are." This language Is clear and will meet with general approval. The principal difficulty pertains to the remedy. If existing laws could be enforced perhaps no new ones would be needed. In all of the states where the English common law prevails contracts greatly in restraint oi trare ana monopo lies of all kinds are Illegal, and though some states have chartered corporations with power "to do all 'hings that a nat ural person may ao, yet tnese eniargea grants do not authorise them to create monopolies, because even natural persons cannot do that without violating the law. It would seem then that a like violation by a corporation would furnish good ground for a forfeiture of its charter. Bat there are Indications that all ot the courts would not so hold. A few of the states favor these combinations and derive a consider able revenue from the grant of unlimited charters to all applicants. Under th" cir cumstances uniformity of action Is nvt to ne expected, in tne absence or that uni formity statutes like that of Squth Caro lina, Just noticed, have but little effect on foreign corporations. The state may expel them and their agents from Its boundaries, but If the articles which thev wutdIv are among the common necessaries of life they must still be bought and probably at higher prices than It such acts bad not been passed. ( Primary Elections aad the Mlaorlty. Several' of the states are still wrestling with the nrnhlem of nrlmarv elections. Some of us can remember when, many years ago, books and pamphlets were pub lished recommending aa panaceas lor all or our political Ills, pnlnorlty representation and primary or nominating elections, which, aa aaserted, would eliminate both the political boss and ths political dema gogue. Aa to minority representation. It was not very clear how, as elections are held fr.r the purpose ot silencing minorities, any advantage could be gained by perpetuating minorities In the representation. Accord ingly experiments along that line have proved to be unaatlstactory. As to primary elections, some Intelligent observers are of the opinion that, so far from doing any good, they only make matters worse The objections are that they prolong the strife of a political contest; that they involve much additional expense; that they tend to increaae iraua ana corruption, oeing neia in the bosom of a single political party whose members are not Inclined to reveal arty secrets; that by substituting a bouse to nouse canvass tor a ir. ana open puuiio discussion they lead to an ignohlej political scramble, rife with personalities, misrepre sentation ana sianaer. tnus lowering tne political level ana exciuaing many persons irom thst active participation in the elec tions which would be beneficial to the pub lic; that, so far from obstructing tne po litical boss and the political demagogue, they open a field peculiarly suitable ior their capacity and for the exercise of their favorite methods, and that one of the effects, it not the purpose, of the primary elections is to head off the Independent candidate; whereas, when the party ma chine haa done its worst. It sometimes happens that the Independent candidate affords the only hope of rescue from a pub lic calamity. I express no opinion on the subject, but tt Is difficult to see why the boss and the demagogue, when active and efficient In a single election, should throw up their hands at the prospect of a double election. When Lord Byron waa asked what was the beat form ot government he answered that thev were all so bad that It waa hard to nay which was the worst. Certain It is that hone of them live up to their Ideals, We believe, however, that a representative form Is the best. Its theory Is that ci men In their private affairs usually all things being equal choose the best tailor, the oest shoemaker, the beat lawyer and the beat doctor they can get, having re gard not only to their knowledge and their skill, but also to thdr honesty, they will use like discretion In choosing their po litical agents. In practice the rule does not always work out In that way,- and men who are notorloualv unfit, partly through party management and a desire to reward party aer vices, sometimes of a reprehensible character, are elected to po sitions of great responsibility. If the theory on which our form of government Is based waa carried out the official representatives would be greatly auperlor to the average constituent, but it often happens that he la greatly below the average, both in respect 01 competency ana integrity. Evil of Oar Ouveraaneat. It Is sometimes said that every people naa as gooo a government aa it aesires, and this Is true of all that are free. The evils that Impair the auccesaful operation of our governments, both state and federal, are deep seated, and quack expedients, dealing with surface Indications, cannot be relied on to do any good. "Therein must tha Datlent minister to himself." A clamor Is made In aome of the states for what Is called ths Initiative and the referendum an idea borrowed from Switzerland, whoae thinly-Inhabited can tons hardly equal our countlea lit wealth or fiopulatlon. We have always had ths In tlative since a proposed law must be very absurd and hopeless If no member of the legislature can be Induced to present It for legislative action. The referendum we have alwaya had. for If any law is objectionable the voters can always choose representatives who are pledged to Its repeal. Thla would seem to be quite sufficient without authorising In significant minorities to keep alive unend ing controversy by a factious and Impotent tealstance Inlmlci! to our form of govern ment which rests on the will of the ma jority of the people for the time being; not that majorities are Infallible, but because public questions must be settled In some way and because, as a general rule, ma jorities are more likely to be correct than' minorities. Popular Election of Senators. Several of the statea have recommended an amendment to the federal constitution requiring senators of tne United Statei to be elected by popular vote. This Is one of many signs of distrust of our legislative bodies. The.e Is probably no very valid objection to this change, as It Is clear that sines ths rise of political parties, the de vice of a secondary body of electors, though well suited to the time when the federal constitution wss framed, servea at present no uaeful purpose, aa we see In the case of presidential electore who no longer act on their unbiased Judgment, , but under a political pledge Impoaed when they were nominated for that position. But It la bv no means sure that the election of senators by popular vote will confer any benefit, seeing that It cannot be easily explained how the same voters, who cannot elect good representatives, csn be confidently expected to elect good senators. At the conclusion of Judge Rose's address there as a brief reeeee, after which rou tine business. Including election of mem bers aad tha reading of reports was taken up. , Chaaeellor MeClala of Iowa. Th Association of American Law Schorls waa la session this tiurnoon, Aa address as made by the prealdent, Kmlln MrClaln, of ths University of Iowa Collegs of Law, who aald In part: Lawyers and Judges will alike hear me out In saying that the elaborate textbook opinion In which a whole branch of the law le expounded, regardless of Its appli cation to the facts of the case In hand. Is confusing and often absolutely misleading, and the time necessarily expended In dis covering what the court hsa really de cided In that case Is a eojrce of constant vexation. I think I may safely say that the bulk of reported opinions could easily be reduced to one-fourth of that which now appals the lawyer and the Judge as he sees the new volumes of reports carted Into his library each year. To summarise, the reduction would be brought about by writing a memorandum only In one-half the cases and putting it In such form that the case could not possibly be cited In support of any proposition whatever. Then In caaea where opinions should be written the length of the opinion could be greatly reduced by considering only the points of some practical Importance, and as to which an opinion Is worth while, and, finally, the discussions of the points which are worth while could be mnde much shorter by the statement only of ultimate facta, Instead of elaborating the reasons and facts which the Judge considers and rejects In reach ing thnm which he finds satisfactory snd for which he Is willing to vouch. There In no Indication that the common law system of determining and administer ing Justice can be. or ought to be, radically changed. But it lies with the legal profes sion, composed of lawyers and Judges, to Improve that system that It may approach more nearly to what Its old champions have so often declared It to be the perfection of human reason. A paper, was presented by Joseph H. Beale of Harvard and the University of Chicago law schools on tha "First Tear Curriculum for Law Schools." Th Bar association, In general session this evening listened to papers by Judge M. D. Chalmers of London, Parliamentary counsel to the British treasury, on "Codifi cation of Mercantile Law" and Judge A. M. Eaton of Providence, B. I., on 'The Origin of Municipal Incorporation In England and In the United 8tates." Montgomery for Nebraska. The association elected a general counsel from each of the atatca and territories, in- I eluding the following: Alaska, Melville C. Brown of Juneau; Arixona, Everett E. Ellin wood ot Flagstaff; Arkansas, John Fletcher of Little Rock; California, Charles Monroe cf Los Angeles; Colorado Lucius W. Hoyt of Denver; Idaho, William W. Woods of Wallace; Illinois, Lester L. Bond of Chicago Indian Territory, C. L. Jackson of Musoo- gee; Indiana, William P. Breen ot Fort Wayne; Iowa, C. C. Cola of Des Moines; Kansas, John D. Mllliken of Mcrherson; Missouri, James Hagerman of St. Louis; Montana, W. F. Bandera of Helena; Ne braska, C..8. Montgomery of Omaha: New Mexico, Thomas B. Catron ot Santa Fe; North Dakota, Burleigh F. Spalding of Fargo; Oklahoma Territory. Henry E.'Asp of Outhrle; Oregon, Charles H. Carey of Portland; South Dakota, Charles O. Bailey of Sioux Falls; Tennessee, E. C. Camp of Knoxvllle; Texas, F. C. Dlllsrd of Sherman; Utah, Charles 8. Varlan of Salt Lake City; Washington, C. H. Hanford ot Seattle; Wyoming, Charles N. Potter of Cheyenne. RUSE TO GET COMMISSIONS Mystery (arroasdlsg the Supposed Death of Alleged Bestoa Millionaire Cleared I'p by Confession. chicauO, Aug. . TBe mystery sur rounding the supposed death of "Phlleus Jones, millionaire," of Boston, whose death notice recently appeared la Chicago news papers, waa cleared up today by tha confes sion ot John A. I. Lee, g local real estate broker, that ho had Invented "Mr. Jones" In order to secure real estate commissions. A ruse waa planned by Lee, whereby "Mr. Jones" was to buy extensively of Chi cago ; property for hotel purposes. An agreement waa drawn up between tha sup posed Jones and a real estate owner and commissions were promised. These promised commissions were offered as security for a Joan. Suaplclon waa east on Lee, when th death notice appeared. In explanation Lee, who ia an old. man, said he felt aura he could have sold tbs property to someone if he had had time. It ia aald no prosecution will result. OUTPUT OF PACKING HOUSES Omaha Passes th Million Mark aad Keeps I p Its Lead for geeoad Place. CINCINNATI, Aug.. IT. (Special Tele gram.) Price Current aays: Offerings ot hogs havs been reduced. Total western packing ia 185,000, compared with 825,000 the preceding week and 175,000 last year. Since March the total la 9,185,000, agalnat 11,486,000 a year ago. Prominent place compare aa follows: Chicago I,02S,0M 1.186,000 OMAHA 1,080.000 1.11.000 Kansas City 8MO.000 1.750.000 8U Joseph 764.0OO 1.003.000 St. Louis 6u0,OU 840,000 Indianapolis 440,0110 608,000 Bt. Paul 270,000 , 243,000 Cincinnati IM.OOO 262.000 Ottumwa lW.OO 276.000 Milwaukee 187,000 239.O00 Cedar Rapids 1S6.000 229.000 Bloux City 433,000 271,000 Extended Inquiry concerning present sup ply ot hogs In western statea results In an Indicated decreass of II per cent com pared with a year ago. Awful Loss ml ljrn Follows neglsct of throat and lung dis eases, but Dr. Klng'a New Dlsoovery cures such troubles or no pay, 60c, 11.00. IMPLICATES RETAIL BUTCHERS Witness la Beef Traat Iaqolry De clares Uniform Prices Agreed ... rpon by Meat Dealers. ST. JOSEPH, Mo., Aug. 17. Tho beet trust ' Inquiry, begun yesterday, waa con tinued today. Tbs Intsrest waa much greater and tha attendance larger. Th cross-examination of John wood, a local butcher, who had testified to the existence of a combination among tha packera, brought out very little of Importance. Hs admitted that ths rstall butchers naa agreed upon a acala of prices, but said that this waa rendered necessary by tha pack- era' trust. He also admitted that th pack- era bad mads "concessions" ia tho matter of over rips meat, which ha had sold at the regular scale for Orst-class msat. Ths examination was conducted oy Alex ander New and Frank Hagerman ot Kansas City, of counsel for the packera. A baby is whatever Its parents maaa It This is so even to th first stages of gestation, when. If the mother gets proper treatment, th baby will do a ollv, laughing, good tempered, robust little angel. Nature when aided by Mother' t Fritnd will give a healthful child with a free and graceful body, which is evidenced in elastic action of the limbs, clear skin, bright eye, fine hair. We exclaim Invol untarily over such a creation, "How beautiful I" meaning not pecesaarily that the child U pretty, but that ita general r fleet i one of seetnioz attractiveness. JUttAer's Frumd ia a liniment for external application. Women's own pretty ftDgerg rub it gently on the parts ao severely taxed, and it is Instantly absorbed and so lubricate the parte, Yoar druggist sells it for Sl.0 per botrl Voa may havs our book "Motherhood" r)CC. THE DRADFICLD REGULATOR CO.. Atlanta, g. COAL RUNS INTO BIG MONEY Advisor Board Opens Bids Citj'i Sup ply of Black Diamond. ANTHRACITE AT TWELVE DOLLARS A TON City Comptroller Thlnka All Blda Ought to Be Rejected, bat Mayor Saya Prices May Co Higher. At the meeting of the advlaorv board yesterday afternoon bids for ths city fuel supply were opened, and although the members were all aware In a general way that the price ot coal was high, the fig ures presented were such aa to cause gen eral surprise. There were Bv bidders fot the fuel contract T. C. Havens, C. B. Havens A Co., the Nebraska Fuel com pany, ths Coal Hill Coal company and Coutant Squires, but only three ot them quoted any figures on anthracite coal, T. C. Havens offering to furnish it tor 115 per ton, the Nebraska Fuel company for $11.65 and Coutant at Squires for 111.60. On the various kind of soft coal th price ranged from $7 25 to 7 per ton, according to the qualtty or the locality In which it Is mined, and seml-anthraclte was quoted from $9 upwsrd. It Is estimated that th city will not us a greater , quantity of hard coal than twenty-live tons, It principal need In the fuel Una being for varloua kind of soft coal for use at th city ball In making steam, at tha city Jail and at th election, booth and other place where only small quantities are required. There will be re quired, however, about 1,500 ton of stesm coal, and In all perhapa aa much aa 4,000 toas of the varloua klnda of soft coal during Ing the winter. Blda oa Bltamlaoas. Ia the bids so many different kinds of bituminous coal were mentioned sa to make any comparison of tho figures almost Impossible to ons not thoroughly ac quainted with the coal business. T. C. Havens Quoted Cherokee steam coal at $2.87, Rock Springs lump at I6.S5 and Southern Illinois lump at 15.40. C. B. Havens A Co. 'a bid waa fnr Charn. kee steam coal, 12.85; Danforth, $2.17 per naif ton; Trenton, $5.80 per ton; Jackson Hill, $7.20 per ton. Th Nebraska Fuel comnanv Afforarf Weir City at $2.75 per ton; Cleveland. $2.15 per ton; Cleveland lump, $2 per half ton; Cleveland lump, $3.75 ner ton: Canon Cltv lump, $7 per ion. Ths Coal Hill Coal comDanv'a flmrea were: For pea mixture, $2.6$ per ton; Cherokee tack, $2.83; Walnut block, $4.21; Do Vernon, 111., $4.75. Coutant at Bo. u I re made onlv ona nrio. on soft coal. $3.68 for either Iowa or Mia. ourt nut mixture. On seml-anthraclte coal T. C. H.v.n. bid $9.20 per ton; C. B. Havens ft Co., $9 per ton; the Coal Hill Coal company, $9.10 per ton, and Coutaut ft Squires, $9.25 per ton. Suggests Rejection of Blda. fjMMMt.lu. Tr--,vAV- fi . Jectloa of all bids. In ths belief that the city would do better In the open market after ths end of the present strike. Mayor Moorea said that from what he h.l h.n' able to learn of the coal situation he felt convinced that the price would not be lower at any time during the winter, even' ir the strike should be brought to a closo at once, and that they would probably go higher. The eastern market, be said,' would be first supplied and the western consumers would get no relief for soma. time to come. . ' , Th bids were all referred to Secre tary Coburn tor tabulation and will be presented at a future meeting for further consideration. Keep the body healthy ant thlfl atASJinn tit using Frltkly A Kb Bitters. It ) a nariis- sary condition to successfully resist ma- lanai germs. BISHOP TO BE A BUSY MAN of Conferences la Nebraska, Iowa aad Kansas. SAN FRANCISCO, Aug. 17. Bishop J. W. Hamilton of tha Methodist Episcopal church will leave tonight for the east, to be absent three months. During thla time he will have charge of the Germaa Methodist conference in Minnesota and Iowa, the Swedish confer ences In Kansas and Nebraska and the English conferences In Iowa, Oklahoma and Indian Territory, He will also attend ths first great na tional missionary convention at Cleveland, O., In the middle of October, and will par ticipate la th conference of bishop ot th Methodist Episcopal church at Saratoga, N. T., and the annual meeting of the Mis sionary and Freedman' Aid and Church Extension societies or th whol Methodist denomination at Now York City. LOCAL BREVITIES. The meeting of 'the Seventh Ward Re publican olub acheduled for tonight haa been postponed one week on account of Inability to secure the tent which the club expected to pitch on Park avenue this 1 week. 1 Mary A. Byers Is ths plaintiff In a Suit In the district court whereby she seeks to 1 recover $1,000 as damages to the east Idt 1 feet of lot 1, Bartlett's addition, by reason ' of the grading of Thirtieth atreet from Leavenworth to Mason street. Anna Rasmussen has filed suit In the dis trict court for divorce from Chris Ras mussen, to whom she waa married la thla city April t. Ui. The complaint alleges 1 desertion dating from June 9, 19u0, and the plaintiff aska the court to restore her maiden name, Anna Trinity. PERSONAL PARAGRAPHS. Julius 8. Cooley has returned from a' trip to southeastern Nebraska on legal business. He saya the people In that sec tion are greatly Interested in the Ak-Bar-Ben festival and will coma to Omaha in force. Dr. Town left Wednesday for a trip through New Kngland. He will meet Mrs. lewne In Vermont, she having been with friends about Boston since June. After a visit to his alma mater, Dartmouth college. In New Hampshire, they will return by way of Philadelphia and Lansing, Mich.