TIIE OMAHA DAILY DEE: RUXPAV, FEMtUAKY 28, 1004.
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
(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
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
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
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 $4,000 In commission.
Betts Will Help Hon.
John Betta of Omaha was here today
looking after the Interests of his son, Frank
Belts, who was bound over to the district
All Paint Looks Alike
in the ran and to the man who known little.
When you have tried it for five or ten years yon i
know the difference between ordinary paiut or 11
. . r w .vaaa. w w . s . MM
-iead and uu ana goou paint tnat is
Lowe Bros. Iligti Standard Liquid Paint
Gives Best Results
1 There Is nothing put Into It because it Is cheap.
J There Is nothing put Into It to make It poor.
S There is only material In It to make It the beat
4 It therefore SPREADS BEST, WEARS BE8T, LOOKS
and consequently COSTS THE LEAbT.
(Its guaranty Is broad and good.
ASK IS FOR "HOW TO PAINT" AND COLOR CARDS.
is Paint Department, 141$ Harney Street. Telephone $4K.
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
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
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
has become naturalized, he can be
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.
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.
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
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
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
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
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
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
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.
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
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-
Money - Saving
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
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.
1309Fartiam Street. Phone 1241
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
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.
Trading Stamps. 1
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
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.
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