davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1898-01-23
MENZIE9 WAS NOT IN CONTEMPT
Judge Powell Decides n Case on
Novel Point of LnW.

Judge Powell Decides n Case on Il
Novel Point of Law.
The restraining order obtained by tke
village of Bellevue against the Bellevue
Improvement company and the contempt
proceedings against Duncan Menzies grow
ing out Of the same case were both brought
to termination by Judge Powell at Papil.
lion yesterday morning. In December last
Judge Powell granted a restraining order
preventing the Bellevue Improvement com
pany from occupying certain alleged streets
and alleys in the northern part of the old
townsite of Bellevue. This order was only
to go into effect, however in case the viii
lage should furnish a valid bond. A bond
was furnished by the village and subse-
quently a contempt proceeding was insti-
tuted by 1t against one of the employees OF
the Improvement company. The point was
raised by Attorney Lobinger for the i'm
provement company that the bond was in
operative since while 1t recited the grant
ing of restraining order" it required the
signers to pay only in case an "injunc-
tion" had been wrongfuly issued. Judge
Powell holds that a bond is rendered
necessary to support a restraining order,
both by the implication of the statute and
the practice of the courts of the state. And
since bond must be furnished it must,
like injunction bonds, be construed with
technical strlctness. The opinion cites au-
thorlties and concludes that "The legal
Specification of the terms restraining
Omaha daily bee., 1898-01-23
CURED HIS CATARRH
President Arthur's Experience With
Catarrf1 Remedies.
A Long Search Finally Secures the
Right One.

After person has struggled for years
with such disgusting maady as catarrh
and exhausts the entire category of things
remedial he is decidedly skeptical. And
when he finally meets with a remedy that
cures him completely he is not backward
about telling others of the fact. This ex-
plains why we see so many prominent peo-
pies names in the newspapers testifying
to the merits of whatever has been the
means of restoring them to health The
Following letter from President Arthur of
the Statesman Printing Co.. Marshall, Mich,
Is an illustration Of this fact
MIR. 9. e. Gauss, Marshall, Mich My
Dear Sir. commenced to take your ca
tarrh tablets with no idea that they would
do me any good. A friend told me they
were effective; that they had cured him.
etc, SO L purchased a box as l have pur-
chased hundreds of catarrh remedies be-
fore-without much faith. My condition was
frightful.- My head was all stopped up and
| suffered extreme misery. Droppngs from
very bad and / was in constant fear Of con-
sumption. 1 hacked and coughed and
Omaha daily bee., 1898-01-23

emitted stuff to such an extent that must
have disgusted my friends.
Now it is different | noticed an i'm
provement in my condition the second day
after l began taking the tablets. The first
thing they did was to clear my head.
Gradually my throat and lungs were
lieved and to my surprise. my stomach.
which had been weak from the effects OF
my long standing case of Catarrh, COM
menced to improve. / need say no more.
Those who have an old case of catarrh 10
deal with will understand the situation thor
oughly, and 1t Is for the benefit of all such
that furnish you with this testimonial L
never gave one before and do not believe In
proprietary medicines as a rule, but you
certainly have a good thing and wish you
the success you richly deserve. Very re-
spectfully yours,
W. II ARTHUR.
The tablets are sold by druggists under
the name of Gauss Catarrh Tablets, at 20
cents a box and where the druggist does
not keep them or won't get them for you
they will be mailed prepaid upon receipt
of price by C. T.. Gauss, Marshall. Mich.
Omaha daily bee., 1898-01-23

order and injunction. as we'll as their es-
sential characteristics, are so widely diff
ferent that they cannot by any permissible
rule OF construction be used Interchange
ably or to designate the same act or order" "
And that AS no valid restraining order can
be issued without the filing OF valid bond,
and as there can be no contempt OF court
under the facts alleged in this case. with
out the existence OF valid restraining or
der the foregoing considerations are sufil-
cient to dispose OF this controversy without
inqulrlng further as to whether the defend
ant Menzes has or has not violated an
order OF this court"
The opinion Is said to decide point
never precisely passed upon by the supreme
court.
Omaha daily bee., 1898-01-23
Magic city Gossip.

DR.. Davis. Office over So. Omaha Nat. Blk
DR.. I. w. Waynick of Sergeant was q
visitor in the city yesterday.
Joseph O'Connor is confined in the city
Jail pending an examination as to his sanity
Colonel f. p. Savage of Custer county
spent yesterday In the city looking after
business matters.
Union revival services will be held every
evening this week at the First Baptist
church. Twenty-ifth GAd II streets
Tho body of Joseph Novak the man who
WAS killed at Cudahy's one day last week,
will be buried at the Bohemian cemetery
this forenoon.
Adah chapter, No. So, Order OF the East
ern Star, gave a card and dancing party at
Masonic hall last night, which proved to
be very enjoyable affair.
AT the First Baptist church this morning
Rev. George Van Winkle will preach on
"The Christians Commission" The even
ing subject is Keeping the Heart"
William Johnson, a colored porter, was
arrested yesterday afternoon upon a charge
of assault and battery preferred by b, Fields.
johnson was released to appear Monday for
trial.
The Ladies' Aid society of the First Pres
byterian church will give tea and social
at the residence of Mrs. f. S. Harrell S2S
North Twenty-third street, next Thursday
aftcIuoon.
AT o'clock this afternoon Rev. Mr. Will
hanson, the evangelist, will address the
mems meeting at the Young Mems Christian
association upon the topic, -Four Things
God Requires"
There is an empty well at Twenty-third
and K streets that Is reported to be in
dangerous condition, the plank covering hav-
ing been stolen. The attention of Mayor
Ensor has been called to the matter and he
will order the well filed.
Ga1rpa parka sunarIntandant ne ,opstr,,,
tion OF the Cudahy Packing company. came
down from Sioux City yesterday to spend
Sunday with his family He says that the
new Cudahy plant at that place Is progress
ing nicely and that the beef house will be
under roof In another week.
Until further notice the council of the
knights and Ladies' OF Security will meet
on the second and fourth Wednesdays of
each month The next meeting Will be held
on Wednesday of this week. J. A. Dempster
deputy national president will be present
and initiate members.
There was an interesting game of basket
ball al the Young Mems Christian assocla-
tion last evening between two of the
classes. The members of the association
are taking a great deal of interest in the
game this winter and practice kames are
played nearly every evening during the
week
Dutch JONES' alias Beverly Fields,
eolored. was picked up on n street yester-
day by Officers Peters ana Montague and
locked up. charged with disturbing the
peace. The negro had a hatchet and was
starting In TO create a disturbance In Mark
eson's saloon when policeman happened
aloaS.
Omaha daily bee., 1898-01-23
RUNS INTO AN OFFICER's ARMS
Frank Walters is Caught in an I'm
IueISy Plight.

Frank Walters is Caught in an I'm
lucky Plight.
Frank Walters was caught on the premises
Of the Wolf Brothers Tent and Awning
company last night under circumstances
which put him in the light of an unlucky
burglar. Walters has been an employe of
the firm, but his services were discontinued
several months ago and since that time he
has not been regularly employed. When the
store was closed at p. IN. yesterday it
was locked usual for the night and the
manager left without expecting to return
until Monday. After supper. however, an
unfinished task recurred to his mind and he
went down to the store. Just as he un-
locked the door he heard an unusual sound
in the basement followed by a rustling
noise as of some one folding a tent and
softly stealing away. The cellar is stacked
with awnings and tents of considerable
value and the manager summoned Officers
Raney and Thomas, who happened to be
passing, to make an investigation guard
was placed at the front door and the man
ager and an officer visited the rear The
door Of the basement was found to have
been twisted from its lock and footsteps
leading in were seen in the snow. slight
noise was made by these Investigations,
which was heard by the man inside. He
became alarmed and, abandoning the tents,
made bolt for the door. He ran into the
outstretched arms of the officer.
Walters was taken to the police station
and charged with burglary. None of the
goods in the basement had been carried
away and Walters had no stolen property on
his person. He explained his presence in
the store by saying that he had been pre-
yiously employed at the, establishment and
hoped soon to obtain employment there
again. 1t is his defense that he was simply
present as one of the attaches OF the busi-
ness, AllF'-
Omaha daily bee., 1898-01-23
CATARRH OF THE STOMACH.
A Pleasant Simple, but Safe EYectual
Cure for 1t.


Catarrh of the stomach has long been con
sidered the next thing to incurab!e.
The usual symptoms are a full or bloating
sensation after eating, accompanied some
times with sour or watery rlsings, a forma
tion of gases, causing pressure on the heart
and lungs and difficult breathing; headache
tickle appetite, nervousness and general
played out languid feeling.
There is often a foul taste in the mouth
coated tongue, and If the interior of the
stomach could be seen it would show a
Shiny, infamed condition
The cure for this common and obstinate
trouble Is found in a treatment which causes
the food to be readily, thoroughly dgested
before ii has time to ferment and irritate
the delicate mucous surfaces OF the stomach.
To secure a prompt and healthy digestion
is the one necessary thing to do, and when
normal digestion is secured the catarrhal
condition will have disappeared.
According to DR.. Harlanscn the safest
and best treatment is to use after each meal
tablet, composed of Dlastase, Aseptlc Pep
sin little NuX, Golden Seal and fruit acide.
These tablets can now be found at all drug
stores under the name Of Stuart's Dyspepsia
Tablets, and, not beng a patent medicine,
can be used with perfect safety and assur-
ance that healthy appetite and through dl-
geston will follow their regular use after
meals.
Mr.. N ]. Booher of 27lO Dearborn ST.,
Chicago, ILL.,. writes: "Catarrh Is a local
condition resulting from a neglected cold
in the head whereby the lining membrane
OF the nose becomes infamed and the poison
Gus discharge therefrom. passing backward
into the throat reaches the stomach. thus
producing catrrh of the stomach. Medical
authorities prescribed for me for three years
for cataTrh of stomach without cure, but
today | am the happest of men after using
only one box Of Stuart's Dyspepsia Tablets
| cannot find appropriate words to express
my good feeling,
have found flesh, appetite and sound rest
from their use.
stuarts Dyspepsia Tablets 10 the safest
preparation as well as the simplest and most
convenient remedy for any form OF indiges-
tion. catarrh OF stomach, bl,iousness, sour
stomach, heartburn and blcltiGg after meals
sead fer little book. mailed free, ,on stom-
aGh troubles By addressing stuart Co., Mar
shall, Mich. The tablets can be found at all
drug stores
Omaha daily bee., 1898-01-23
DICKINSON AND ST. JOHN
Two General Managers Who Ar, Just Now
Under Discussion.
RUMoRS CONNECTED WITH THIS PAIR
One snid TO ne Going to the BnItin ore
Ohio and the Other Com
Ing to the Union
Pacific.

The report from st. Louis to the effect
that Everette st. John. general manager of
the Seaboard Air line. would succeed Ed
ward Dickinson as general manager ere
ated a noticeable stir in local railway circles
yesterday. Based on this report many
different kind of rumors were soon flying
through the Union Pacific headquarters but
none of these we're founded on fact. The
fact that President Burt and Vice President
Mink are in New York and General Man.
ager Dickinson is in Chicago prevents the
issuance of any reliable statements con-
corning the matter here.
Tho present visit of Mr.. Dickinson in Chi
cago is the fourth that he has made there
within a very short time. There Is some
feeling among local railroaders that Mr..
Dickinson may decide to go with the Bati-
more & Ohio, with which road he formerly
held the position of general superintendent
The expression of opinion among railroad
ers yesterday was without exception that
the change rumored would not occur BY
some 1t is thought likely that Mr. Dick
inson might return to the Baltimore G. Ohio.
but even these doubt that the new manage
ment of the Union Pacific will install Ever
cite ST. John as general manager.
Everette st. John is best known in Omaha
as the former general manager of the Chi
cago, Rock Island & Pacific railway and as
the unsuccessful chairman Of the Western
General Managers association during the
summer of 1894. During the disastrous strike
which took place then he had thrown upon
his shoulders the whole responsibility Of the
strife between the railway companies on the
Cne hand and the railway employees on the
other. 1t has been said that he deserves
credit for preventing the strike from asfJlm-
ing larger proportions than 1t did Be that
as it may. Mr. st. Johns connection with the
ID IL I'll ,,n. .,l nr,1 h.,
Omaha daily bee., 1898-01-23
Young Thomson pies,

Edward Thompson, the boy who was run
over by a switch engine while In the South
Omaha yards last Thursday died at the
South omaha hospital yesterday He lived
only about twelve hours after the accident
occurred The boy was the son of Mrs
Anna Thompson, 1921 California street. this
city, and gave promise of being useful
man and a comfort to his widowed mother,
AlthouSh less than II years OF age, he had
done much during the last flve years TO
support her and his little sisters The
funeral services will be held at Mrs Thomp-
sons home at o'clock this afternoon. aftof
which the body will be taken to Lincoln.
the old home for interment
Omaha daily bee., 1898-01-23

asked her where II was. She said she did
not know, but that the girl always tended to
that. The girl was in bed. | found the tea
in the basement pantry and went upstairs
again. There | eaw Louis and my wife. I
took a lantern. which I always kept, and
turned and left the house by the next door
Yes, that was the last time | saw my
wife"
Lue eyert had his eyes fixed on the jury as
he said this. The jurymen leaned forward In
their seats and paid the closest attention to
the narrative.
When questioned again whether he knew
at what time of the night he returned to tine
factory. Lueteert said once more he did not
know, not having looked at a clock.
"Do you remember what kind Of weather
1t was?'
Yes, 1t was cloudy wenther."
At this point court took a recess.
Omaha daily bee., 1898-01-23
Two Men Arrested ON suspicion.

The police have arrested a couple OF men
who were jailed upon suspicion of being
connected with the holdup. They gave the
names of Judson Barrett and Charles Bate
han. and claim to hail from Ashland, Neb,
The men when taken, Into custody were
wandering around on lower Douglas street
inquiring for the hack driver, Fred Meyers.
the officers evasiye answers to questions
At the station the men Protested their in
nocenco of all connection with the affair
and stated they were in omaha TO look Up
a young girl who ran away from her parents
in Ashland and who Is supposed to be in a
house OF i'll fame. 1t was reported to them
that Meyers had driven the girl from the
depot TO the house OF i'll repute, and It was
to ascertain its location that they were in
quest OF Meyers.
Omaha daily bee., 1898-01-23

Curling ut the Lagoon is Now Quite
the Thing.


the Thing.
Several teams of curriers', with numerous
coachers and substitutes, spent the day yes
terday on their rink at the lagoon. A new
rink had been cleared and marked out and
the play began at 8 a. m. A series of three
games of fifteen points each was entered
upon between teams of four men. The side
of which p l.. Forgan was skip was COM
posed of Messrs. Forgan s. d. jolly, James
Bowie and J. G. Martin Their opponents
were George Anderson tsSip), John Buch-
anan, Thomas Medrum and r. s. Milne.
The first game occupied most of the morn
ing but was finally won by Mr.. Forgan's
side by the score of Is to 10. The ice was
worn into such excellent shape at the end
of the first game that the play was con-
tinued with no pause for lunch and the sec
ond game proved even more close than the
first, resulting in score Of Is to IA In favor
game necessary to locate, the championship,
which was won after a hard fight by the
forces of Mr.. Anderson.
The local curling club is now composed Of
nearly thirty members, most of them being
Gordon clansmen. They are well supplied
with stones and other equipment for the pur-
suit of their national game. One of the
members, the only one in the city having
The grip and password Of the Curriers' Ma
tional fraternity, is P. L. Forgan, who has Il
ulSplay Oh medals won III ScoltlSl contests
prior to his arrival in America twelve years
ago. He was member of the Kinnel Curl
ing club OF Ltn1ithgoushire. which was
under the patronage of the prince of Wales.
The management Of the ice carnival has
arranged a program of sports for today and
next week. A fort of ice and snow has been
erected at the west end OF the lagoon and it
is intended to invite companies of High
school cadets to contest for the mastery of
it in a great snow fight. The snow has been
cleared from the ice and the usual good skat-
ing is assured. A number of races will be
called off during this afternoon and evening.
Omaha daily bee., 1898-01-23
SOUTH OMAHA NEWS.

An adjourned meeting of the Board of
Trade will be held at the council chamber
Tuesday evening. Every member is urged to
be present, as well as those who desire to
become members. Several matters pertain
ing to the interests OF the city will come up.
Mayor Ensor is president of this organization
and I. j. O'Nefl secretary
The mayor will at this meeting suggest
that an organization similar to the Com
mercial club of Omaha be perfected and that
club rooms be opened in the business por-
tion OF the city. where visitors can be taken
and entertained. Besides this the mayor
favors the appointing Of number OF COM
mttees to look up industries and to enter
tain business men looking for a change of
location Aside from the entertaining of
strangers the mayor seems to think that II
there were some such place as he suggests
the business men of the city would be
brought closer together and much good would
result. 1t has been stated that the coming
of Armour will bring quite a number Of
industries and some organization is needed
to al! such projects in every way possible.
Omaha daily bee., 1898-01-23
Grs Company Franchise.

1t is understood that Counclmen Bar
rett, Trainor and Kelly of the judiciary
committee of the council will meet today
to consider the gas franchise ordinance re-
quested by Flynn, Cressey and Wyman. AS
the provisions of the ordinance are we'll
known, it is expected that this committee
will report either favorably or adversely at
the meeting Monday night. 1t is said by
those who are watching this deal that the
judiciary committee propose, TO load the
original ordinance down with amendments
so that the promoters will refuse to accept
it. City officials who have looked over the
ordinance assert that 1t protects the rights
of the city in every respect and provides
for as much royalty as is generally given
in such cases. In the op "On Of these peo
pie there will be no TX 70, Or amending
the ordinance unless 1t be done for the
purpose of killing the project.
Omaha daily bee., 1898-01-23
UNION PACIFIC INCORPORATION.
Change in style of the COmpany's
Titlc-OrgnniZcd undcr Utnh Inv.

Change in style Of the COmDany's
Titlc-OrGnnized Under Utah Inv.
In the Lincoln teegraphic dispatches it
was stated that the reorganized Union Pa
cifc Railroad company was now an incor-
poration under the laws of the state of
Nebraska The new company is incorporated
under the laws Of the state of Utah, and
the articles of incorporation have been filed
in this state, as in all other states through
which the Union Pacific railroad passes.
References to the Union Pacific Railway
correct, as the new title Of the great "Over-
land Route" is the Union Pacific Railroad
company. The articles filed in Nebraska
were prefaced by the following:
AT a meeting of the board of directors Of
the Union Pacific Railway company held in
the city of New York on January A. 1898
the following resolution was adopted:
Resolved, That this company hereby ac-
cepts the provisions of the act of the legis-
lature of the state of Nebraska entitled:
An Act to Enable Foreign Corporations to
Become Domestic Corporations of this State
passed March 10, 1889, and tnat the proper
officer of this company be and he is hereby
authorized and directed to file a certified
copy of this resolution with the secretary Of
state of Nebraska"
The extent OF the Incorporation Wis shown
by the following section of the articles:
The said corporation is organized and
formed for, and shall have the power, to
purchase; own, hold, enjoy, maintain, OPP
erty. rights and franchies or any part
thereof belonging to the Union Pacific Rail-
way company, corporation formed by ar
ticles of union and consolidation between
the Union Pacific Railroad company, the
Kansas Pacific Railway company and the
Denver Pacific Railway and Telegraph
company, which articles of union and con-
solidation bear date January a. 1880, and
were filed in the Department of the In
terror of the United States at Washington
in the District of Columbia, on or about
January 26, 1850
The said corporation hereby formed shall
have the power to acquire, possess and en-
joy the lands and land grants, or any part
thereof, and all rights with respect thereto
of the Union Pacific Railway company, or
any or either OF its constituent companes
and the said corporation hereby formed
shall have power to construct or acquire by
lease, purchase, consolidation, ownership of
capital stock or otherwise, branches, eX-
tensions and connecting or auxiliary lines
within or without this state as the board
of directors may from time to time deem
eXpedient and as may be authorized by
law.
Omaha daily bee., 1898-01-23
Nebraska Deet sugar association,

The annual meeting of the Nebraska Beet
Sugar association viii be held in Omaha
on February l. The session viii be held
In the rooms of the Commercial club and
will be.in at 10 a. IN. The el ctiln of otll-
GERS for the c0mnE year will be held and
oher important business will be consId-
cred Members and friends of the beet
sugar industry viii be pr sent from throuE h.
cut the state 1t was the first intention 10
loG the meeting at Kearney, but a mis-
understanding OF terms arose between the
clcty and the lcclliol was changed 10
Omaha
Omaha daily bee., 1898-01-23
PORT ARTHUR ROUTES LAST MOVE.
Putting Kansas city on IA Level with
Omnhn ON S0mthern Rntc..

The announcement that the Kansas City.
Pittsburg g. Gulf railroad mad decided to
establish 2 parity between Omaha and Kan
sas City rates to and from the south re-
ceiyed much thoughtful consideration from
freight men in this city.
II is admitted that the Port Arthur route
has taken the step which has been cen
templatei at divers times by other railroads
between here and Kansas City About a
year ago an attempt was made 10 put Omaha
and Kansas City on the same basis regard
Ing southern shipments. but it failed be-
cause whea the Omaha rates were reduced
Omaha daily bee., 1898-01-23
Sunday Progrnm-Ice Carnival

1-Crand march on ice.
2-Farewell coronation of Queen Polaris
3-One mile race for championship OF
Nebraska.
4-Half-mile race for championship OF
Nebraska
5-Half-mile race backwards.
6--Half-mile barrel race.
7-Half-mie championship race.
S-Fifty yards dash, three entries.
9-Storming of fort.
1O-General exhibition of skating and
tobogganing. Ice in good condition. Plenty
Of snow. Events will begin at p. m.