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TIIE OMAHA DAILY DEE: RUXPAV, FEMtUAKY 28, 1004.
i ) ! k BANKERS UNION IS SOLVENT Eeferta Bayi, However, it Mart Cbaap Its ' MetboJ of Transnctiij Business. CANNOT ABSORB OTHER SOCIETIES Mtate Riprraira Itself Being "atls Ural nllh Kir Findings In the Case of Referee Ryan. (From a Staff Currr spnndent ) LINCOLN. Feb. 2T.-(Sihm1bI )-The Bank ars I'nlon of the World will have to change It a present methods of doing business In several Instance If It la to continue aa an organization, ahould th report filed by Referee Rynn In tho supreme court this afternoon be the decision of the court. The report And for the state In moat Inatancea, though It denied that the evidence auatalned the allegation of the state that th com pany wan Insolvent. It denied also that the , evidence showed that Prealdent Pplnney had dra-n a larger aalary than he was en titled to Referee Ryan held that ahould the com- psry continue to do business It ahould be enjoined from allowing Ita officers to ap point a board of directors; It ahould be en- '. Jolntd from paying to President Pplnney , and President Spinney ahould te enjoined . from receiving commissions on business done; the company ahould be enjoined from withholding Information regarding the ' erder that may be required by the auditor; J the company ahould be enjoined from merging Into Ita order other companies. Deputy Attorney Ucnernl Norrla Brown, ' who prosecuted the case for the state, la i Well satisfied with the report of the referea ; and will file a motion for Judgment upon the finding of facta submitted. After dlacuaalng the evidence at length ; Referee 10 an came to this conclusion of ' law; 3 lonrlmlon of Law. 3 As a conclusion of law I And that tho V policy of the legislature is that the interest, .of the membeiKiiip oi the Uanaeis I nlon should b consulted in the determining of a a case of this character and that insurance i vt Ita numerous membership should iwt f be destroyed unless that c.oursa Is un- avoidable. On such conditions as 1 shail Indicate, 1 am ot the opinion the Bankers Viiion should be permitted to transact uus ' Inexs in this state. mere in a provision in section 112, cnapier Mill, complied statutes, that before any amendment, change or alteration of a con- iitutlon and bylaws or a fraternal bene- .Hilary association ahall take effect or be In , force a copy thereof shall be tiled with the auditor of public accounts. From tneae -ttrovixlona I draw two conclusions, and they are, tlrst, that the said auditor shall not ,flle any statement If it embodies any un 'nlr provisions toward, policy holdera, and, '"roiid. It seems to result as a neceswry '.'correlative of the tlrst proposition that the tiling of n amendment gives the sanction of the auditor to 1 lie policy which such amendment embodies. The filing of such an amendment cannot Validate what the statute forbids, conse quently the provision for the appointment ,f eight directors by executive officers la entirely nagatory, for the reason that thla .method of providing directors Is in conflict with section 91, chapter xllll, compiled stat ?tite, requiring that fraternal benetlclary 'Associations shall have "a representative "form of government." If the Bankers , I'nlon Is permitted to do business there fhould be an injunction against the ap jKilntment or the recognition of any lt rectora appointed by supreme lodge officers. It is provided by section 103, chapter xllll, compiled statutes, that "such society shall Hot employ paid agents In soliciting or se curing members, except In the organisation or building up of subordinate lodges, or granting members Inducements to procure new memtiers." As a conclusion of law from these provisions I find that the Hankers I'nlon of the World had no right Jo give to lis president a commlfSlon on Its membership already procured, and con sequently that If the society Is permitted to do business it should be enjoined from paying, and President Spinney should be enjoined from receiving pay or credit for commissions to any amount of that char uctor. Mergers should Be Enjoined. The "taking over" of other fraternal beneficial societies la contrary to public policy, for the reasons set forth In tha Hbove finding of facts, and It Is contrary to the provisions of the statutes provictln? for a physical examination and prohibiting the taking In of members over 6i years of age. If the Hankers I'nlon Is permitted to do business it and its officer and their mincoMMors should be enjoined from merging into the Bankers I'nlon of the World any uner iraterual henetlclarv associations by rider or otherwise while no statute of this state sanction such mergers. Referee Ryan stateil that It was difficult to estimate the liability arising under its amended constitution. The evidence Intro duced by the state tended to show that tha outstanding liabilities not reported. Decern er 10, lao3, but which should have been reported, were $39,230. of which there hss been settled $11,873. leaving estimated lia bilities unsettled. The books of the company, supplemented by testimony of one of Ita officers, tends to show that on December 10. 1903. the date of Its report List made. Its liabilities were $15,404. of which It hss since settled $11,425, leaving a balance unsettled of W.97H. m December 31, 19n, there were about IS nun memb-m In good standing. The claims for lns.ies reported and received In 113 amounted to 127. K. The nmminli nil. leeted for deiths and disabilities In 19U3 is )6.ili. There was therefore col ectd n 1.1. 12S, 81 7. for deaths and disabilities in that year In excess of what was necessary to pay losses of that chsrscter accruing within the same period. The referee finds In these figures that It does not appear that the Hankers' I'nlon of the World Is In a condition In which It Is unable to raise funds with which to meet Its liabilities bv the assessment of Ita members. As its revenues, as a fraternal beneficiary asso ciation, nre. In the nature of its hii-lness. to be obtained only from this source the referee finds that the allegation that the essoclstlon Is Insolvent snd unable to meet Ita pending death claims, Is not sustained bv the evidence. Referee Ryan finds that the salaries paid to President Rnlnney and his wife are not exorbitant. The pre"ldnt received $nn per month for the year 1!0 snd Mrs. Rolnney received $150 a month during a nortlon of that year for editing the official paper. 'For Hnother poetlon of tha vear she received $V a month for other services. There is In evidence, stated the referee no tehulated statement o' the smoupts iaid into the company by Presi dent Sntnney nor of the amount drwn out bv him. The net sums he has rece've-1 ss salary Is et the rte of less than $l.mn rer annum durliiT tha existence of the Bankers' I'nlon of the WnMd. though he hss received $4,000 In commission. thi Betts Will Help Hon. John Betta of Omaha was here today looking after the Interests of his son, Frank Belts, who was bound over to the district All Paint Looks Alike in the ran and to the man who known little. When you have tried it for five or ten years yon i know the difference between ordinary paiut or 11 . . r w .vaaa. w w . s . MM -iead and uu ana goou paint tnat is Lowe Bros. Iligti Standard Liquid Paint IT Gives Best Results BECAUSE 1 There Is nothing put Into It because it Is cheap. J There Is nothing put Into It to make It poor. S There is only material In It to make It the beat 4 It therefore SPREADS BEST, WEARS BE8T, LOOKS and consequently COSTS THE LEAbT. (Its guaranty Is broad and good. ASK IS FOR "HOW TO PAINT" AND COLOR CARDS. is Paint Department, 141$ Harney Street. Telephone $4K. Addn rvjrt on a charge of forgery. The fMr Betts Informal the officers that he would spend the lsst cent he had In assisting his eon, though he knew that a soon as he was free again the boy would have no more to do with hla father and mother. He will secur hall for the boy. though he told the officers that he doubted not that hla mil would run away and he would have ti pay It. The father billevea that the evil companions the son met while In the re form school a s the cauae of hla downfall. The boy paaaed bad checks on a number of Jewelers here two weeks ago. Governor Mickey Intends to parole Joseph Robertson, sent up from Nuckolls county on a charge of arson. It was told the gov ernor that a doubt existed In the minds of some of the people near Robertson's home as to his guilt and. furthermore, that Rob ertson has a family that needs Ms assist ance. His sentence was seven years. Mrs. J. C. F. McKesson of this county was last night elected president of the Board of Vleltore at the Mllford Industrial home. Mrs. MrKesson was Just recently appointed a member of the board, though she had long been known as a worker In affairs of charity. , Protest on Eastern Frajernals. W. B. Price has filed with the depart ment of insurance a protest agalnat fra ternal beneficiary companies of the statea of Massachusetts. Maine and Vermont do ing business In thla state unless the rates charged by such companies shall be equal to or greater than that provided by the fratsrnal congress. Mr. Price did this because these states have a law that no company of the character can do business there unless their rates come up to the rates fixed by the fraternal congress. Vpon Investigation he found that companies of these states that were organized before the law fixing fraternal congress rates as a basis, were charging a rate leas than that provided. Therefore, other companies go ing Into these states would be at a disad vantage In that their rates would be higher than the home companies. Mr. Price Is the attorney for tha Woodmen of the World. He holds that If Nebraska com panies cannot get Into those states the companies organised there should not do business her. Differ Over Fees. I Notwithstanding Attorney General Prout some time ago decided that the practice of paying county treasurers 1 per cent of th purchase price when they sold school lands or made leases, deducting the com mission and then remitting the balance to the credit of the permanent school fund, was constitutional, rumors are oonstantly heard around the capital that the case will go to the supreme court for a final de cision. T'ie land commissioner Is still charging on hla books the entire selling price of the land, without deducting the 1 per cent and the treasurer is still giving credit for the amount less the 1 per cent. This of course makes the books of the two further from a balance every time a sale- Is made. In the office of the land commissioner this afternoon It was stated that the officials there would do nothing about the matter but go ahead and do aa they had been doing. Mr. Prout contended 'hat by law each fund should psy Its own expense and on that ground he upheld the prac tice. A number of people who believe that If 1 per cent could be legislated out of the permanent school fund 90 per cent could be legislated out with the result that there would he nothing left of the fund, do not agree with the attorney general, and It Is not unlikely that one of the number will test the case. Wants Sheriff to Pay. John W. McDonald, former sheriff of Douglas county, William J. Broatch and (r William M. White, his bondsmen, are de fendants in a case In the supreme court brought up on error from Douglas county. In which Jerome B. Parrott Is suing them for something over $2,000. The reason ot the suit was the negligence of John Lewis, a deputy under McDonald. In serving a writ of attachment against one George W. Ames, who was about to shake the dust of Omaha from his feet. Lewis, It Is al leged, failed to take with him the required number of witnesses as specified by the statutes, consequently the writ was dis solved by the court, and other creditors got the money, leaving Parrott shy. In the lower court the brief statea that Parrott waa a winner and that during the fourth trial Ames went through bankruptcy In New Tork. The claim of Parrott was al lowed, but there was no money left with which to satisfy It. He is now trying to get the court to make the sheriff and his bondsmen make good. Paapers to Be Deported. Every alien who Is a pauper or an im becile and who Is a charge upon any county of the state, will be aent back to the coun try from whence he came. Secretary John Davis of the State Board of Charities and Correction, who at the request of the De partment of Commerce and Labor of the national government, has been looking up these -cases, together with other Informa tion for the use of the department, will soon make hla report, which will show thst there are a large number of such In the state. In the meantime C. Parbury of the de partment Is making a thorough Investiga tion of the entire state for these depend ents. In the lyancaster county poorhouse he found out of seventeen Inmates Ave that were aliens. In Douglas county, out of 17 persons, he found only two that were foreigners. In order to deport these peo ple It will be necessary for the county In which they are being supported to make proof that the persons are foreigners, and they will be deported without expense to the county or state, the steamship com panies being compelled to return them to their various countries. As Mr. Davis understands the law, no matter If a foreigner comes here well flxed financially, or who Is able to make a liv ing, should he be so unfortunate as to be come a dependent upan a county, unless he BEST. has become naturalized, he can be ported. de- BlSIV HOTS WM,L WH I F.I. Dr. Kleiner Predicts Contest Between Saxon and Slav loiter. FREMONT. Netv. Feb. 27 (Special ) Dr. K. A. Stelner of Orinnell. Ia., lectured be fore a large audience at the Congrega tional church last evening on "Ruaslan Problems of Today." The speaker has traveled extensively In Russia during the past eight or ten years and last summer spent six months In that country. mlngMng with all classes of people and stopping for some time with Count Tolstoi. The densest ignorance, he said, prevailed among nlne tenths of the Russians and on account of the Russian papers publishing nothing about their own country and only clippings of such foreign news as th" censors per mitted, the educated classes knew hut little about their nation. Thla nine-tenths nc tuslly knew less about the present war snd Its causes than th country farmer In Ne braska. The peasantry, though obliged to serve In the army, pay taxes averaging $5 each, while their average Income was only $125. Not having a foot of land which they could sell. poor, half-starved and governed by no law but the arbitrary acts of an official and not permitted to leave their vil lages without a passport given on thirty days' notice, were Intensely loyal to their country and good soldiers. Human life In Russia, he said, was held at little value and for this reason only he thought Japan would eventually be defeated. With Its enormous resources and millions of men Japan would be eventually overwhelmed on the land. The pending contest waa be tween the Anglo-Saxon and the Slav, and victory for Russia would be the predomi nance of Imperialism, Ignorance and op pression over modern civilization and would not be permanent. The address was a terrific arraignment of Russian Imperialism and was listened to with close attention. WACO BlfUSKSa HOIJES BIB. Loss la Kstlmated at Fifteen Thou sand and Insnranre ia Light. YORK, Neb., Feb. 77. (Special.) Flro was discovered early this morning In the stores of Plants & Co. at Waco, the first town east of York, and In a short time the two store buildings of Plants & Co. and the flour storage house were burned to the ground. There Is no fire company or water works at Waco and the citizens with buckets did all they could to put out the fire. By hard work they saved the bank building on the east. The two burned buildings were of frame construction and were owned by Plants & Co. There wns a stock of general merchandise and a good stock of hardware, and the flour house contained a large stock of flour. The amount of the loss is $15,0(10. The buildings were worth $2,000. There was In surance as follows: Home of New York, $2.$n0; State of Omaha, $1,000; Transmlssls slppl of Omaha, $1,000; Nebraska Mercantilo of Lincoln, $1,500. Nothing was sved. It Is the general belief that the buildings were set on fire and the business men have of fered $1,000 reward for the arrest of the guilty parties. Every effort will bo made to learn who they were. In 1891 Plants & Co. suffered total loss and at that time had no insurance. WEEK FROM CRIME TO SF.TECE. Two Men Sent I p Seven Days After Breaklnnr Into Freight Car. NEBRASKA CITY, Neb.. Feb. 27. (Spe cial.) Judge Jessen today refused a new trial to the two men, Harry Welch and John Sumler, who were convicted of break ing Into a frelght'car here nnd sentenced them to four and five years, respectively. This Is the quickest time Justice has been meted Out In this court. It being a week ago today that the crime for which the men were sentenced was committed. Court has adjourned for this session. O. A. B. Dinner and Campflre. ' DAVID CITY, Neb., Feb. 27.r-(Speoial.l-Yesterday waa a gala day for the members of the Grand Army of the Republic and the Woman's Rellof corps. For the purpose of replenishing a depleted treasury a sumptuous dinner and supper was aerved at Odd Fellows' temple. Last night a camp Are was held, at which Governor Mickey was the principal speaker. C. D. Casper, commander of -David City post; J. O. Sholes and others also entertained the large audience with reminiscences of their experiences while in the service. The music was furnished by a mixed quartet. This Is the first time that Governor Mickey has appeared before a David City audience since his election. The net proceeds of the day and evening were about $75. I Sarpy County Salt Is Compromised. . PAPILLION, Neb., Feb. 27. (Special.) The trial of the case of W. R. Patrick, county attorney, against the County Board of Sarpy county, came up before Judge Sutton In the district court here a few days ago and a settlement was arrived at. Patrick had brought suit against the board In an attempt to prevent them allowing a claim of $10,000 in favor of the Sbeeley Bridge company, for the construction of the Elkhorn river bridge. All concerned came to an agreement which was approved by the court, whereby the payment of the amount would be made when the necessary funds were on hand. It was further de cided that Patrick did vjght In enjoining any construction work after Sheeley's con tract with the county had expired. Plans for David City hautaoqna. DAVID CITY. Neb., Feb. 27-(Speclal.)-The fourth annual session of the David City Chautauqua assembly will be held In Chautauqua park July 3 to 31, inclusive. E. Williams and O. W. Gates will again have the management of the assembly, with Rev. H. II. Harmon of Columbus, Ind., superintendent. Mr. Harmon is now procuring speakers, musicians and enter tainera of national reputation. The or ganlzation of a Chautauqua association with a oald up capital sufficient to Insure Its success In tho future Is now being con sidered. Farewell to Pastor Lewis. SfRACrSE. Neb., Feb. ?7. (Special ) Members of the Congregational church gave a farewell surprise last night to Rev. Frank Iwls of this place, who organized the Nebraska rectlon of the Mediterranean cruise In connection with the world's fourth Sunday achool convention at Jerusalem, which takes place in April. Mr. Lewis will personally accompany a party to the Holy Land and will leave home In a few days. A large number of his friends presented him with partings gifts. Methodist Men serve Sapper. YORK, Neb.. Feb. n. (Special )-One of the events looked forward to each year Is the men's supper, prepared and served by the men of the Methodist church. This year's supper was served last evening at Fraternal hall, where hundreds mere served with a four-course dinner, after which a very fine musical program was rendered by some of the local musicians In the parlor. I Will Not Behnlld St aero Mills. BEATRICE. Neb.. Feb. r.-(Speclal .) It Is reported here that the stucco mills, which were destroyed by fire at Wymore recently, will not be rebuilt. The plant employed about forty men. York Y. M. ('. A. Engages Evangelist. YORK, Neb., Feb. 7.- Special. (-The Young Men's Christian association has en gaged Billy MrClure. the engineer evangel ist, to conduct four meetings next week. BIT OF NEBRASKA HISTORY Exciting Epiioda that Marked Eesiion of Lfgislatnra of 1887. PASSAGE OF ANTI-GAMBLING STATUTE Discovery of the Plot to Bribe Ita Defeat and How the Boodlera Choked Off an Investiga tion. A sensation has recently been created at the state capital by an opinion given by Attorney General Prout, holding the antl gambllng law of Nebraska unconstitutional on account of alleged Irregularities In Its passage. The sections In question, 214 and 215 of the criminal code, make gambling as well as the keeping of a gambling house, either a flneable or a penitentiary offense and also provides for the recovery of money lost In a gambling house. With these sections nut of the way, parties con victed of gambling, or keeping a gambling house would be subject only to n fine of $100, or three months In Ihe county Jail. The State Journal says: "The act which Attorney General Prout declares Invalid Is one that was passed In 1SS7. At that time open gambling houses were running In Lin coln, Omaha and other cities. The gamblers wore wearing diamonds In those days. It Is known to some of Governor Thayer's friends that he was offered a bribe of $25,000 to veto this act. He ordered the messenger from his office and few ever knew that the governor could have re ceived a small fortune by a scratch of his pen." Recalls an Kxclttng Episode. The controversy over the validity of the gambling law recalls one of the most ex citing episodes In the history of Nebraska legislation. The law making gambling a felony was enacted during the memorable session of 1SS7. The hill was Introduced In the senate at the Instance of black mailers with other holdup measures and was not expected to pass, but the reputable clement of the senate pushed It through to the disappointment of the gang. When the bill reached the house It was referred by the speaker, N. V. Harlan, to the Judiciary committee, of which the re doubtable "Colonel" Henry (7. Russell was the chairman. That committee had for Its members several of the worst boodlers In the legislature and they at once proceeded to negotiate with the gamblers to side track It. This action was anticipated by the editor of The Bee, who bad a very efficient detective circulating among mem bers, who managed to ingratiate himself Into the confidence of both the boodle gang and tho gamblers. Charges of Doodling Made. When mntters were about to culminate the editor of The Bee, standing In front of the bar of the house sent the following letter by one of the pages to the speaker who read It to the house: LINCOLN. March 14. 1RR7. Hon. N. V. Harlan, Speaker House of Representatives: I desire through you to make known to the honorable house of representatives that I am In possession of Information which war rants me in making the charge that mem bers of the house committee on Judiciary, whose names I deem It Improper to divulge at this time, have become parties to n criminal conspiracy to defeat the bill now In possession of said Judiciary commltteee: Senate file No. 98, an act to amend sections 14 and -tf of the criminal code. I have positive knowledge of the attempt of one member of the Judiciary committee, who claimed to represent others, to extort a large sum, reported to me aa $5,000, from certain keepers of gambling houses at Omaha, for which sum the said member offered to procure an adverse report by th- committee on the anti-gambling bill and cause its final defeat. A large sum, amounting to several thous and dollars, was thereupon contributed by the parties Interested, and placed at the dlsposul of members of the legislature who are In collusion to carry out this corrupt bargain. I am also reliably Informed that a corruption fund was raised and distributed by certain contractors for public works and parties connected with corporate Interests to bring about the defeat of. or radical changes In, Senate file No. 84, known as the Omaha charter bill. I hold myself ready to substantiate these charges and make known to any Investigat ing committee appointed by the house all the facts known to me concerning corrupt Interference with the legislation. Very re spectfully. K. ROSEVVATER. Committee Begins Ita Work. The reading of the letter created a pro found sensation and at Its close a commit tee waa appointed by the speaker to In vestigate these charges, with power to sum mon witnesses, and report to the house as soon as possible all Information touching this case. Immediately after the house had taken Its noon recess the committee met and Mr. Rose water handed to the chair man a memorandum of the facts that had come to his knowledge concerning the cor rupt conspiracy between the gamblers and certain members of the committee, whom he pledged himself to name, and thereupon the committee decided to begin to take tes timony within closed doors the day follow ing. During the afternoon and evening In tense excitement prevailed in the capital and an alarm was sounded all along the line among the gamblers' lobby prepara tory to a wholesale crusade. During the night the conspirators and their allies held a council of war In the Capitol hotel and agreed upon a' program to defeat the pro posed Investigation. Messengers were sent out for members who were dominated by the corporations and Jobbers and for mem SLEEP IS PRICELESS But It Can Be Obtained by Simple Methods. Are you a hard worker? Are you over come with fatigue at the end of each day's labor, and instead of retiring to bed with a feeling of satisfaction at the prospect of a night's repoee. do you wait the hour of bed time with dread and shrinking? la It your unhappy lot to be awakened every night. Just after you have dropped off to sleep, by an Intense, uncontrollable lten log of the rectum? Do you then endeavor to relieve the surutatlon by scratching so desperately that the Fkln becomes raw and lacerated, ' and you finally sink Into ihe sleop of exhaustion? 11 so, you ao not ntea 10 De tola that you are afflicted with Itching plies. You have probably tried every remedy you could hear of. with but temporary relief, If any, and have concluded tbre waa nothing left for you but to drag out a miserable existence. As a drowning man grasps at a straw, so should you eagerly dovour the words of W. O. Mllbury. 70 Pearl 8L. Reading, Mass. "I am pleased to state that I bought one fifty cent box of Pyramid Pile Cure at the drug store, and used about one half ot It, and It not only cured me of itching piles, but also of constipation, a trouble of about fifteen years standing. I have tried almost everything without any lasting, benefit, but I can honestly and truthfully state that Pyramid Pile Cure has entirely cured me, as I have had no return of that terrible Itch ing, which used to keep me awake by the hour, night after r.i(ht. If the old trouble should ever return I will know Just what to do, but I guess It won t for It Is now six or seven months since 1 first used this wonder ful remedy." We vouch for the anthenticlty of this testimonial, and as Mr. Mllbury found relief and a cure ro you may also. Do nut delay, but buy a box and to It tonight, and do not allow any dealer to sell you "something Just as good." You wilt do well to write to Pyramid Drug Co.. Mar shall. Mich., for their little book on the causes and cure of piles, which Is aeut free (or the asking. be is susceptible to pressure to make sure of their support for the movement that wsa to take place a the floor of the housa the following day. When the house reconvened the next morning an onslaught was made upon the investigating committee for conducting ths Inquiry within closed doors. The leaders of the gang denounced secret sessions as tuv-Amerlcan and Infamous. They wanted the people to know what any witness would testify ,to. They wanted every member ac cused of complicity in the alleged con spiracy to have an opportunity to face his accuser and defend himself. They Insisted upon an open hearing that would prevent a whitewash, (etc. Defeated the Investigation. Following this onslaught they forced through a resolution directing the- commit tee to conduct the Investigation In the open. Having succeeded In their first moe, they followed It up with another resolution injecting four new members, who were In close touch with the gang. Into the com mittee, and by these tactics they fo led the effort to uncover tho conspiracy for the time being. Thereupon Mr. Ibwewater with drew his memorandum and handed the chairman of the Investigating committee the following letter: OMAHA. Neb., Men. 16, Wi.-Hon John . Dempster, Chairman Special Investigat ing Committee. House of Representatives: My Dear Sir I'nder the new conditions Im poeed upon your committee, I have come Ihe conclusion that It would be a costly farce to undertake to establish the charges which 1 have made in good faith. 'I tie memorandum which 1 hud placed in your hands when the ii mmittee tlrst organlted ontatned very ample ami circumstantial prof fs against the iartlej Implicated In the conspiracy to defeat senate tile No. s. I relied tnsii my ahl lty to have tho wlt- ncHets named in the memorandum exam ined separately, within closed doors, ex pecting of course that your committee would nlso examine, each of the members accused of collusion, and give him an op pot tunity to explain his conduct by his own testimony, and It possible clear him self by furnishing you corroborative proofs 1 overturn the charges. It would be ut terly Impossible with oien dcors to carry out such a program, hence the end would 11 mere acknowledgment that money had been collected for the purpose of defeating ho bill, but that proofs were wanting to oi.firm the eharae of conspiracy. That wou'd whitewash the very men whom I know to be guilty by a superabundance of proof and by their own conduct on the ioor or tne nnuse wnen ine cnarges were preferred. I can estahllsn tne tact ir nec essary, that members of the Judiciary' com mittee, lmpU.ted In the conspiracy, con cocted the scheme Monday nig lit to break yc ur committee by Insisting upon tne addi tion of six members of their own choosing, nnd to thwnrt the obleict of Investigation by fon lng the committee doors open. Their success shows that tne plotters and con federates In the lobby wield a baneful In fluence on the house. It had lieen my intention to push the in estigatlon (as 1 told you personally), have ho committee sit at Omnha Wednesday and Thursday and flnudi the Inquiry by Friday. This course belnar now Impossible. T re spectfully request that the proceedings be dropped, as they only would entail needless expense upon the state. 1'rgent business ompels me to maae a inn m icveiuou. If upon my return next weeK tne nouse erslsls In making the Investigation. 1 ena:i be at your service. Very truly yours. Apotheosis of Rassrll. Three days later the legislature took a recess to attend the annual Grand Army encampment at Omaha and the boodlers and gamblers' lobby, with their allies or the railroad lobby, centered all their efforts and Influence to vindicate Colonel Russell, who had never even held a commission ns corporal, and procured his election as de partment commander of the Grand Army. This was held as a great triumph over Rose water. In the meantime, the latter, who was then making preliminary arrangements for financing the erection of The Bee bulld- ng, went to Cleveland to confer with par ties interested In the building project, but before leaving notified the committee thnt he would return within a week and proceed with the investigation. If It waa persisted In. On his way, however, he read a dis patch from Lincoln In the Chicago Times announcing that the house of representa tives had severely reprimanded him for running away, and pronounced his charges baseless and the committee aa free from. guile as a new born lamb. Thereupon he wired Speaker Harlan, serving notice on the house that he was on his way back and would appear within forty-eight hours at Lincoln to proceed with the Investigation, but the house was r.ot In a frame of mind to Investigate, In the meantime the ana-gambling bill passed the house unanimously, because nobody dared to go on record against it. Since Its enactment repeated efforts have been made to secure Its repeal and big purses reported to have varied from $3,000 to $7,000 in each Instance have been hung up by the gam blers, but their effort has proved unavail ing. The law Is still on the statute book and It Is doubtful whether Attorney Gen eral Prout would be sustalne.d by any court, high or low, In pronouncing It unconstitu tional on account of flaws In Its passage. Charged with Threatening" Widow. BEATRICE, Neb., Feb. 27. (Special Tele gram.) Late this afternoon a warrant was aworn out by Assistant County Attorney Spafford for the arrest of Charles A. Fol well, who Is suspected of being the person who attempted to obtain $1,000 rrom Mrs. Prible, a widow residing near Odell, by threatening the life of herself and family. Sheriff Trude left this evening for Fol well's home for the purpose of placing him under arrest and Is expected to re turn with his man late tonight or tomor row. Folwell is a man of family and lives Just over the Gage county line In Jefferson county. He was arrested some time ago for stealing oats. Superintendents Inspect Road. BEATRICE. Neb., Feb. 27. (Special Tel egram.) A party of Union Pacific officials passed through the city this arternoon on . . . . i . . . t a tour or inspection oi in iMimi-ru divi sion and while here vlaited a number ot the leading business houses. Those com prising the party were Superintendents Gruber, Deuel and" Rrlnkerhoff. Assistant Superintendent Charles Ware, First As sistant General Freight Agent Charles Uina, Superintendent of Buildings and Bridges Bchemerhorn, General Agent E. B. Claussen, at Lincoln. The party trawled on a special train. i . Women Mill see Blind Tamils. BEATRICE, Neb., Feb. 27 (Special ) At a meeting of the Woman's club held hero yesterday It was decided to have Prof. Morey, superintendent of the Ne braska school for th,e blind at Nebraska Cltv give an entertainment In this city March . The entertainment will consist of musical numbers and demonstrations In algebra and geometry and will be given by sixteen blind pupils. Gets Daraaa-es from Rork Island. FAIRBl'RT. Neb., Feb 27 (Special) In district court C. W. Curney recovered a Judgment against the Rock Island railway for i9 for personal damages sustained Mle wnrklns for the company. He sued for S2.M0 damages. Del van Herbert, who was charged with stealing a caddy of tobacco from the Rork Island freight house, was acquitted by the Jury. Polk fonaty District Cnart. OSCEOLA. Neb., Feb. 27. (Spe-ial.) Judge Arthur J. Evans came and held court for about twenty-four hours this week and there has never been a time In the county when cases have been dlipooed of more quickly, and tha bar docket so nearly cleaned. Judge T. H. Saunders waa appointed as attorney of the board of Insanity in the place of Judge M. A. Mills. Farmer Wins gait. PAPILLION, Neb . Feb. 27. (Special ) William Ely, a farmer in the south part of the count, won a suit against the Mis- ' 1 A Money - Saving CHANCE We have bought the entire stock of . he Harding Distilling Company. While it lasts we will sell it all at ridicu lously low prices. See the list. It will pay yoM to stock ip on wines, liquors, cor dials, etc. We GNe Green Mardlac' rlc Salt PtT Rot. Stici French Oreme de Menthe and other cordials. . . .?1.."0. .78c Old Holland Oin full quarts 1.25.'.68c O. F. C. Taylor Whiskey full quarts 1.00. .59c Blackberry Rrandy full quarts 1.00.. 43c Old Apple Jack full quarts 1.25..6SC Stuart's Pure Malt Whiskey full quarts 1.00. .68c Domestic Wines assorted 40..19C Sweneka Punch and Aquavit full quarts 1.25..68C Old Apricot Brandy full quarts 1.25.. 68c Irish and Scotch Whiskey 1.25. J2o Cipars (box of 12) -50..24C California Tort, Claret, Sherry and other Aviiies. . .10 ,28c Ilarding's Pure Bye full on arts 1.00.. 68c Cv-ystalized Hock and Bye full quarts 1.00.. 68c Domestic Champapne pints 7,1. 50c There are a lot more too numerous to mention Come and see us and get prices. mum 1309Fartiam Street. Phone 1241 Omaha, Neb. sour! Pacific railroad company In Ihe dis trict court yesterday, lelng awarded I.T75. Ely's crops were damaged In 1902 by the company's grade causing the high water to flood his land. Ma sued for $450 damages. Crete EnJor Tannhanser. CRETE, Neb., Feb. 27. (Special.) TV. Waugh Lauder of Chicago gave a piano lecture-recital before a large audience in the Congregational church last night. He ('alighted his audience with his artistic ren dition of the great masterpieces, his over ture from 'Tanhauser" being especially enjoyed. Mr. Lauder was bi ought hers un der the auspices of tha Doane college school of music. Brn Is Seat "Penitentiary. COLI'MBCS, Neb., Feb. 27. (Special.) Mike Mostek, who was convicted of at tempted criminal assault on a young girl, was eentenced this morning by Judge Hol lenbeck to jthree years and six months penal servltnde. Frank Mackey was ac quitted of a similar charge. New Raral Mal Roate. PAPILLION, Neb., Feb. 27. (Special.) The postal department has Just decided to establish another free delivery route out of Gretna. It will run south and will em brace the territory surrounding the state fisheries, snd nearly twenty-live miles In length. Chops His Foot with Axe. FAIRBl'RY. Neb., Feb. 27-(Special.)-A young man named CJ.irk McCurdy, while chopping stove wdod last evening, struck I Ayefs j I Poncnmntlnn rnn rnrt-ninKr K I Consumption can certainly.be cured. Not all cases, but very many. Ayer's Cherry Pectoral is the principal medicine. Ask any good doctor. Mia. y . e. irtr ... Lmr.ll, hTsss. 1M SftauUMtur.r. of i TED'S HATH IGOR For tee hair. STIR'S P!LL8or eoestiMtiaa. ATBK'S SAkSAPARIIXA Foe the blood. ATSM'g AGUs C0H-fat atltni aad are. Cherry Trading Stamps. 1 J his left foot with the axe, severing an artery and several muscles. The wojnd la a serious one, but it is thought the foot can be saved. Cereal Company gaffers Loss. NEBRASKA CITT. Neb., Feb. ST. .Spe cial Telegram. WFlre at tha Great Western Cereal company s plant today caused about $800 loss by tire and water. ' The fire depart ment at the factory responded quickly and prevented a larger loes. Grand Army at Beat rice. BEATRICE. Neb., Feb. 27. .'Fpeclal.) The Nebraska Grand Army of the Repub lic will celebrate the vorty-second anni versary of the battle of Shlloh In this city April f and 7. Several good speakers have been engaged for the occasion. March Term Opens Tuesday. PLATTSMOUTH, Neb., Feb. 27. (Spe cial.) The March term of the district court will convene In this city next Tuesday, with Juris Faul Jessen on the bench. Tha bar docket shows there are twei)ty-flv civil, twenty equity and six criminal cases- Falls Down K.lrvator gnu ft. BEATRICE, Neb.. Feb. 27.-(Speclal Tela-' gram.) 11. W. Cozad fell .'own an elevator shaft at the Arcade testaurant today and was badly injured. His escape from Instant death seems remarkable. Cement Company ineorporntes. TRENTON. N. J., Feb. 27. -The Diamond Portland Cement coinivtny. cspltul $I,UiU. 000, was Incorporated here today. as... ao... tl-O. .ia to aa rsa, Pectoral LIQUQGS 00