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TIIE OMATIA DAILY DEE: SATURDAY. FEBRUARY 6. 1904.
Ay P Hair 0sS Vigor bars used Arer't Hair VUror, and ran truly My that it doe Just exactly yon say It will da I am greatly pleased with It" Dr. J. A. Wooten, Madison, Ind. Only' 35? You look at least 60 1 Restore color to your gray hair. Keep young. Why not? No need growing old so fast. No ex cuse now that you know how'Ayer's Hair Vigor always restores color, all the dark, deep, rich color of early life. ti.ee a sottis. au tntfitt. I. C. Art Oo., LowsU, Mas. WOULD RELIEVE A DESERTER William Deles Dernier Applies to Jadce Manser oa Behalf ( Hla loi, PLATT8MOUTH. Neb., Feb. l.-8rclal.) -Application wm made to Judjrs Muncer yesterday for tha dlsrharas of Cheatar Xle Dumler from the United States navy, for the reason that at Jhe tlma of hla cn ' llstmsnt he waa a minor and did not have the consent of hie parent. After a year or more of service the young man bmuna tired of It and took French leave, reaching hla home In Cass county last Saturday. Hla father, William Delea pernler, a member of the lower house of the Nebraska legislature from this county, realiaea the Irregularity of the boy'a pro cedure and la taking steps to ssrve him from the dishonor of arrest and deaertlon. A writ of habeas corpus waa Issued by Judge Munger. which will allow the boy to remain at home until February , when the matter will come up for hearing. Call Prohibition ConTentlon. ASH LAND, Neb., Feb. 6. To County Chairmen and Members of the State Cen tral Committee of the Prohibition Partv: Tou are hereby railed to meet at the Lin coln hotel, l,lncoln, on Friday, February end plHce of holding the next state prohlbl- i-iMivviiiMiii nun iot ine transaction of such other buslneea as shall properly n nig mecuns;. ceMioni at u n. m nn i:m p. m. ; W. IiL'RT CLARK. State Chairman. Andrews I.ectmres at Grand Island. GRAND ISLAND. Neb.. Feb. 6. (Special.) -Chancellor Andrews delivered a lecture at v the First BaptlatN church last evening on ; 'The Future of Great Britain." the event ''j being a number of the Grand Island col lege lecture course. ' No reference waa In any way made to any recent controversies. svierine Lisrat riant Renames. GLENV1LLE, Neb.. Feb. .-(Speclal.-The electric light plant at Glenvllle has started up again after laying Idle for a year or ao. Glenvllle Is supposed to be the smallest town In the state having an elec tric light plant. Many Jot Roosevelt Clan. SCHUYLER, Neb.. , Feb. '.(Special. )-t ' Karnes .of candidates for membership In ..the Roosevelt club are being rapidly se iv cured, over 160 nsmes now being obtained. Organisation will be effected Friday night of next week. : Bastaess Change at OleavlIIe. . aLE,VVILLE...feb.. b. . (Special.) . Frank -Ftaor1'f ihls place sold his large fcrtck building to Charles Brandt; consld- CATARRH and all germ 'diseases, such as Consumption, Bright's Dis ease, Diptheria, Dyspepsia and blood disorders generally, acute or chronic, are almost immediately arrested, and, in time, completely and perman ently cured, by RADAM'S MICROBE KILLER, the only universal remedy founded on trie germ theory of disease. ifteen years of success and thousands of certificates attest its incomparable value. Write for Free Book. ' r The Wm. Racism Microbe Killer Co.. in Prince St.. New York, or ; Vyera-DUIon Co., nth sn3 Farnam. and All Drugglats. eratlon, fi.OOO. Mr. Brandt will take pos session about April 1. Mr. Flesner resigned hlspoaltlon aa postmaster in the letter's favor. LUIKART SEEMS TO BE DYING Kerfolk Banker Slowly lakla( sal Dorters Think Ead Is Rear. NORFOLK, Neb.. Feb. I. (Special Tele gram.) At an early hour this evening Hon. G. A. Lulkart waa reported to be in a dying condition. He lay unconscious all day, reviving for a short time about noon, when he asked for something to eat, and Immediately relapsed Into a stupor. His attending physicians report him slowly sinking. Dr. A. F. Jonas of Omaha ar rived this afternoon, being called In con sultation, instead of Dr. John E. 8um mers, jr., who was unable to come. Farmers' Elevator Pays. YORK. Neb.. Feb. .-(SpecIai.) At meeting held this week of the York County Grain association the following were elected officers: George Hurbert, president; J. J Price, vice president; Charles Hill, treas urer; W. L. Klrkpatrlck, secretary; dl rectors, Dennis McCarthy, T. H. O'Brien, James Barr, E. D. Mareellua, Robert James and Martin Price. This company waa organized In July, 1908, and leaned the elevator of the T. W, Smith company en the Burlington rlght-of way In this city and employed T. W. Smith of this city as manager. Stock to the amount of $3,220 waa subscribed and paid up and Its membership, consisting principally of farmers living near York, Is 110. This company at this meeting paid a semi-an nual dividend of. I per cent and in add! tlon to this had a nice amount to place to surplus account. They claim to have handled more tonnage of grain than all the rest of the grain dealers In York. While there has been no grain war, but owing to the number of elevators here and this being the headquarters of several large elevator companies, this new company has had hard competition and has bought grain on a closer margin than grain has. been purchased In York for several years. The secretary of thla company claims there has been an average increase of grain bought In this market of 4 cents per bushel, which means an Increase of $16,000 per annum to the farmers. KANSAS- MAN HAS RIGHTS Htbrufcan Cannot Lege lit Appropriate All tha Water in Republican River. RIPARIAN RIGHTS EXTEND OVER BORDER Good Tints at Fire Drill. GRAND ISLAND, Neb, Feto t. (SpeclaL) Immediately after the Chicago theater disaster a fire drill was Instituted In the publio schools of this city. The pupils were Instructed as to the alarm, three rings of ths bell. Appointments were made as. to the opening of the floors. Then the pupils were drilled as to a quick and orderly dlsmlasal. Yesterday afternoon a committee of the Board of Education called at the Dodge school. In which there are 800 pupils, and desired to see the drllL Without a moment's warning the alarm was sounded. The building was emptied of all Its occu pants Without the least difficulty In one minute and thirty seconds. The drill Is established In all of the school buildings. The Dodge building was taken because it has the largest number of pupila Workates laltlate Candidates. PETERSBURG, Neb.. Feb. 6.-8peclal.)-Laat night the Ancient Order of United Workmen at this place IniUated fifteen can didates into the order. Grand Maater Workman Jacob Jaakalek of Omaha and Deputy Sunderland of the district exempli fied tho secret work. Late In the evening a banquet was served, about 100 plates being spread, after which the grand master gave a short talk on the benefits of the order. Visiting members were present from both Elgin and Albion lodges. Gearssae Present Play. SCHUYLER, Neb.. Feb. .-(Special ) Under the auspices of Company K, Ne braska National Guard, and direction of Charles E. ShulU of Schuyler "The Cuban Spy" was presented at Janecek's opera house last night to a crowded house. The effort will net Company K a considerable amount. It is not wise economy to save the slight difference in cost between Old Undcroof Rye and other whiskies" when you get such superior quality in Old Underoof R ye CHAS. DENNEHY 6 CO.. Chicago. Only One Day More. Saturday. Feb. 6th, Will We) 5cll a quart rarnam Hot Water Itoltle for 38c 75c- 2 quart Karnaiu Hot Water Bottle for - $1.00 3qui:rt Fountain Srrfngcs S8c 75c 2 quart Fountain Syringes ag; Postage, 15c extra. Furthermore, there will be a 20 to 50 per cent discouut on everything In (he Kubber Goods line. mkIX ' - Them ia Our Window Display. nssnuua a tMCaLanL-f Tt r gplaney Files fiend la Bankers' Unloa Case and Can Proceed win the Business Penates; Hearing of the Case. (From a Stsff Correspondent.) LINCOLN, Feb. S. (Special.) The state supreme court has taken an advanced step toward Interstate comity In Its derision In Cllne against Stock et al, from Hitchcock county. In which It holds that Nebraska Irrigators using the water of the Repub lican river to the detriment of a Kansas mill owner may be enjoined In the state courts from making auch use thereof. Cllne owns a 300-barrel mill at Concordia. In the Sunflower state. He found that his water supply was greatly diminished by the use of the water for irrigation pur pones In Hitchcock county, and he sought an Injunction In the district court for Hitchcock county restraining Stock and a number of other Irrigating defendants from using the water to his detriment. The lower court denied him the writ, but the rasa Is sent back with a reversal, by the higher court. Commissioner Hastings, who writes the opinion, says that the riparian owner has a right to the use of water flowing through his land which Is Inseparably connected with It as a part and parcel of the realty entitled to protection as a property right. He saya that the Kansas man Is en' titled to the same right as Nebraskans In tha courts, and that the legislature would have no constitutional right to discrimi nate between residents and nonresidents. Although the court has decided that lrrl gatlon Is a prior demand on the waters of the streams of the state, the prior riparian owner has a right to protection from any excessive use of the water for that pur pose. A reasonable diminution for the pur poses of Irrigation might be .countenanced, but the Hitchcock men had drained the river during the summer months since 1894. and the court doea not consider such use In conformity with the sights of other riparian owners, whether they reside in Kansas or In Nebraska. In the decision the extension of the com mon law right of riparian cwnera Is dls cussed at considerable length. The Ne braska defendants In the suit had Insisted that at common law a man might have the entire use of the streem on which he pos sessed riparian rights, but this view Is frowned on by the court, which holds that It must be used with reference to the rights of other owners. One of the strenuous objections urged against Cllne's suit was that he had joined a great number of defendants in the same suit, but this action Is held to be proper by the court, ills right to demand only an Injunction rcltfiout other cpeclflc lellef is c iso amrmeo. Cllne claimed that his loss through the unusual demands made by the Hitchcock county Irrigators amounted to Kbout 11,000 a year. Tenants Overlook Good Thing. Had they only known It many tenants In the state during the past years might have had a nice time with their landlords When renf day came around the landlords would have had to appear promptly or wait until the next rent day. Such Is the decision of the supreme court In the case of Godwin against Harris, from, Douglas county, In which section 1,020 of the civil code, as enacted In 187S, la discovered to be unconstitutional on the ground that it was not properly titled, and therefor was with out legal atfect. This left the old common law rules In force, says the court. These required that the I.-ndlord must make prompt demand for the rent on the day fixed In the lease, neither Vefore, nor after. Hs was allowed to make the demand any time between sunrise and sunset. Had the lawyers of the state discovered the defect In the law sooner landlords might have found many burdens added to the cares which weighed them down. The last legis lature, however, amended the law, ao that It Is constitutional, and now a tenant Is deemed to be holding over whenever rent day has been passed without payment of the amount fixed In the lease. Caa't Badge City Tax Limit. The provision In the statutes fixing the limit of the city levy In Broken Bow at T- mills has been upheld by the supreme court In the case of Young agalnat Edward Royse, mayor of that town. In which pay ment of $8,000 due the water company waa sought for In the courts. The local water company furnished water In excess of the capacity of the city to pay, and brought suit for the amount, but the city replied that it has levied the limit of the law each year without obtaining enough to pay the claim. salaaey Files Bonds. Dr. E. C Spinney, president pf the Bankers' Union of the World, this after noon filed his 116,000 surety bond with the clerk of the supreme court, and It was ap proved and placsd on, file. This waa In ac cordance with the order of the supreme court handed down yesterday, which modi fled the Injunction temporarily operating against the officers of the company to the extent that they can pay death claims and have access to the books. At I o'clock tomorrow morning In the rooms of the supreme court Judge Ryan, referee, will begin the taking of testimony In the case. The books are atlll In the hands of the court. In the meantime Insur. ance Deputy Pierce haa not yet received the 2 per cent tax from the company and has not yet Issxied it a certificate to do business. amor Concerning Bart. It Is reported here on what seems re liable authority that former President Burt of the Union Pacific, who recently jeitgnei his position to take a trip around the world, would srtll remain an employe of the Harrlman aystem. Thla man said Burt was making a tour of the old countries at the request of Harrlman and upon his re turn would be placed at the head of the construction works of the entire Harrlman system. "It Is the plan of Mr. Burt," this rail road official aald, "to study railroads In England and , other foreign countries to the end that he might find some Idea that would Improve the Harrlman system. He Is the peer of any man In construction work and It Is because of his wonderful work In Improving the Union Pacific that he la to become the head of the construc tion work on the entire Harrlman sys tem." Y. M. C. A. Convention. The members of the Young Men's Chris tian association. In annual session here. perfected a permanent organisation this morning by the election of these officers: President, E. E Bencett, Lincoln; vice president, T. L. Willis, Omaha; secretary, T. C. Wilson, Omaha; assistant secretary. A. F. Tyler, Wesleyan; press secretary, A. V. Cooper, Bellevue. The features of the morning were the addresses of F. O. Ober of New Tork City, editor of the Association Men. and Rev. O. W. Flfer of New York. The former talked on "Key Thoughts." and he cautioned the delegates particularly to fulfill their ministry. Mr. Fifer talked on VWhy Do Rellgloue WorkT" This afternoon thla program was car ried out : Conferences subject. "Keystone of As sociation Work;" student director, Psul CorMnj city director. F. H. Burt; railroad director, W. M. Perrons; small towns and unorganised points director, Robert weia- eneftfl. Symposium EBusiness Men and Chris tian Work." Dr. B. L, P!ne, Lincoln, "How to Get Time:'' C. W. Carpenter, Omaha. "Is It Possible:" Judge H. 8. Dun can. Hastings, "The Benefits.'' Address. "Hest 1 nings in ttengimis Work." Fred B. Smith, International re ligious secretary. New York. This evening's program was made up of the following: Service of song, F. L. Willis. Addresses "Religious Work In Associa tion Buildings," F. H. Burt, secretarial di rector of Chicago Institute and Training school, Chicago; "Religious -ft ork In Gen eral." Rev. Robert Yost, I). P., pastor of St. Mary's Avenue Congregational church, Omaha. Bnsy Week for Thompson. In a social as well as a business and po litical way Mr. D. T. Thompson is to be a busy man next week. Monday night the employes of the Star, Thompson's paper here, will tender him a reception and ban-quiet- A nonpartisan reception will be given him at the Lincoln hotel Tuesday night and on Friday night cornea the Young Men's Republican club banquet which, of course, he cannot help but attend. Sapreme Conrt Call. In the supreme court of Nebraska these cases will be, called for hearing February 16: Bothwell against State, Cherry County; Horst airalnst Iewla. Madison: Cook against Slate, Cheyenne; Koefoed against Thompson, Wayne; Ford against state, Cherry; McConnell against McKilllpp, Boone; State ex rel. Haupt ajralnst Pacitic Express Company, Mandamus; Chaffee again Sehestedt, Douglas; Shaw against Kuultable Mutual Accident Association, Johnson: Peter against Peter. Lancaster: Commercial National Bank, Omana. against Grant. Douglaa; Edge against Edge, I Lan caster ; Dubois against Martin, Lancaster; Martin against Abbott, Lancaster; Blair against Austin, Lancaster; Dickson against Stewart, Clay; Weaver against 8nevely, Boone; Cllne against Dexter, Merrick; Naudaln against Fullen wider, Garfield; Campbell Company against Johnson. Doug las; Ruzlcka against Hotovy, Butler; Strahl against Western Grocer Company, Pawnee; Felsch against Babb, Stanton; Luft against Hall. Cass: Richards attainst Hasklns, Harlan: Bell against Wiltson. Box Butte: Clarke against Woodruff, Buffalo; Mitchell against Foster, Harlan; Chicago Cottage Organ Company against Standen, Box Butte; Horst against Board of Supervisors, Dodge County, Dodge; Sheldon against Gage County Society of Agriculture. Gage; Jackson against O'Rourke, Gage; Cather against Damerell, Webster; Allen against Dunn. Garfield; Chicago Cottage Organ Company against Htanden. Box Butte Western Steel A Irrigation Company against McDonald, Douglas; Nelson against Brlsbln, Douglas; Woodworth against Wood worth, Colfax; Oilman against To- plnka. Box Butte; Kemp against Brlord Colfax; Brown against Reed. Boone; Fox against Gifford, Marian; Topping against Hoffine. Otoe: Royal Neighbors of America airalnst Wallace. Dodge; Cudahy Packing Company against Roy, Douglas; IXK-al Grain Company against Maschmeler, Gage; Lancaster County against Lincoln Packing Company, Lancaster; Dvorsky against Watkins. Douclas: Western Wheel Scraper Company against McMillan. Thomas; Link against campDeii, Antelope; umana Lan x Trust company against city ot omana Douglas. The following case will be called for ar gument before the court on motion for re hearing: Cleland aa-ainst Anderson. The following cases will be called for reargument before the court: New Omaha Thomson-Houston Electric Light Company against Anderson, Douglas; Hackney against Hargreavee Brothers Lancaster; New Omaha Thomson-Houston Electric IJaht Company against Bend son, Douglas; Hackney against Raymond Brotners-ciarae company. Lancaster; roi lard against McKenney, Nemaha The roiiowing case win oe caiiea ror rur ther argument before commission No. 1: County Commissioners of Dawes County against Furay, Douglas. Woman the Caoae of Strike. COLUMBUS, Neb.. Feb. 8. To the Editor of The Bee: Your correspondent here, who usually gets things correct, was mis informed regarding the trouble in my res taurant here this week. The trouble did not arise over a colored waiter, as re ported; neither did .the. entire help walk out. The first and. second cook and the dlshwssher struck at about the noon hour because I refused to discharge a Woman who was working as waiter. I could see no good reason why I should accede to their demands, and I filled the vacancies In lees thsn an hour. Please give this space and put things right. Yours, C. II. BUSCHMAN. Boys Make Becora on Pop. FREMONT. Neb.'. ' Feb. 5. (Speclal.) Yesterday afternoon three boys about li years old received a 'case of twenty-four bottles of pop for some work they had been doing at Marr Son's factory, and they then tried to see which could drink the most in the shortest tlma They went into the back part of the building . and began operations. In less than half an hour the bottles were empty. Verne Sands had dis posed of eleven bottles snd the other two eight and five respectively. The Bands boy thinks he could have held a bottle or so more. I.lederkrans Ball a Saeeess. GRAND ISLAND, Neb., Feb. I. (Special.) The members of the Lelderkrans society gave its annual masquerade ball at their hall last evening, 300 people being In at tendance. There were several elaborate groups and many most extravagant cos tumes, some of them Imported. Prises were given. The Lelderkrans is an exclusive German society and the annual masquerade anniversary celebration and Christmas ob servance are always among the leading social eventa Sarpy Coaatr Mortgeg-es. PAPILLION. Neb.. Feb. (.-(Special.) Sarpy county mortgages show a marked decrease for January. The following Is the list filed and released during January: Farm mortgages filed, eleven; amount, IH.250; released, seven; amount, $9,033; town mortgages filed, none; released, one; amount, $300; chattel mortgages filed, nine teen; amount. $7,470.06; released, twenty seven; amount, tl7.0S7.52. A Newspaper Record. PLATTSMOUTH. Neb.. Feb. S.-(Speclal ) The Plattamouth Evening Tribune was a record-breaker, having been born., chris tened and died a natural death all In the shortest day of the shortest month of the year. Methodist Minister Cured of Kidney Trouble Rev. Dr. I. Millars, Prominent Metk. odlst Divine, Cored of Kidney Disease by "Safe Care." "After a delay of months to be sure that a cure of my rheumatism, caused by kid ney disease, of over a year's painful suffering had been effected. I desire to assure you that so far as I know anything of myself I am cured. I am persuaded that Warner's Safe Cure did It. I have tried many so called certain cures snd paid heavy doctor bills, but nothing seemed to yet hold up my trouble. Inasmuch as rheumatlem Is the reault of the kidneys not doin.T tbelr work properly, the uric acid must be driven out and the kidneys ured before a cure can be expected. Safe Cure cured my kidneys, and I believu it will do all that Is claimed for It If taken as directed." (Rev.l I. Vtllara Pastor M. E. Church, Sandwich, III. - Rhsumatlsm. backache, headache, female weaknesses and cloudy urlns are among the certain signs of serious kidney trouble Don't wait a minute, but get a bottle of Safe Cute and take it as directed. lt1s the only medicine doctors and hoipirals use and prescribe for all diseases of kidneys, liver bladder and blood. Sold by druggists for ove 10 years, oi aent direct, hue and fl a bort'e. Medicine booklet free. Warner's Safe Cure Co., Rochester. N. Y. Safe Pills move ins bowels gently and aid speedy euro ' (7h js? MaessnL CORRECT DRESS FOR MEN AND BOYS. We Announce, Beginning Saturday A Sale of Unusual Scope and Importance ..HIGH GRADE. Suits and Trousers for Meiv At an Average Reduction of More than One-Third.... Our season's business has" been successful very successful. Now we would be rid of the suits and trousers which we have left, for this reason the prices have been radically reduced. The sale includes hundreds of fine fancy suits and over two thousand pairs of fine trousers. The Berg-Hwnnson Label marks every garment perhaps you know the high grade of tailoring which it identifies. We know that but few of the "to order" tailors dare offer their handicraft for comparison. m li 'fl n ill jff JS ;jaf ..Trousers to Fit All Builds of Men.. Any man can be successfully fitted at this great trouser sale, because it is not a job lot or odd sizes, but two regular wholesale stocks bought January 18tb from two of New. York's best pants tailors at 65 cents on the dollar. j Men's and Youth's $2.50 and $3.00 Trousers, at i n .50 Men's and Youth's $4.50 ond $5.00 Trousers, at. Uth's jany .00 Men's and Youth's $7.50 and $10.00 Trousers, at.. $5 .00 JJJ5.00 For odd Suits, one and two of a kind, marked 17.50 and flO. .$8.00 For RuitB in a11 sIze marked $12.00 and $13.50. . $11.00 For Suit8 ln a11 size8' marked $15.00 and $16.50. " " " ' : 1 f , ' $14.00- For Suits in aI1 8izes marked $18, $20 and $22.501"' $20.00 For Suits ln all sizes, marked $25.00 and $2S.6o. 1 j READ I ope s New Story jVy ';-d J h XVSs: Srjr- , Til In the February Metropolitan Magazine OUT TO-DAY At All Newsdealers. A 35-Cent Magazine for 15 Cents. i) X. H. KCSSBIX, rUBUSHSl, J WHST 29th BTRI8T, VW YOKK. 9 1 8 ! '