davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1900-01-25
DECLINES TO TAKE The CASE
Supreme Court Will Not Assume origina
Jurisdiction in Frank Mandamus.
CoUNTYAtToRNEY RETURNS FROM LINCOLN
Mnndnmus Proceedings VIII lie In
stituted at once In the County
District Court, So says the
Public Prosecutor.

The county attorney has returned from
Lincoln, whore he went to institute man
damus proceedings in the supreme court
against Allyn Frank, eN-clerk of the dis
trict court. who d~efantly refuses to make
an accounting of the fees OF his Office as re-
CURED by law.
Tho county attorneys trip awaited moth
Ing, for the supreme court declined TO as
sumo original jurisdiction in the matter. It
is stated that the reason for this action is
the fact that in the hearing of the case il
viii be necessary to hear oral testimony and
that the rules of the court are against such
proceedings.
On his return from Lincoln the county at
tornoy announced his intention to begin the
mandamus process in the district court Of
this county. The papers will be filed, It is
expected, within a few hours. The petition
viii charge that for the last quarter of the
year 1899 Frank failed to render a fee ac-
count TO the county commissioners and that
he has refused TO do so unless compelled by
order of court. Ar alternative writ will
doubtless be issued and then Frank will APP
pear in court to make an effort at proving
the new fee law invalid.
Frank has retained attorneys and will
make a vigorous contest against the enforce
ment of the law. There is no longer any
probability of his being arrested on the
charge of embezzlement, for the popocratlc
majority Of he county board has concurred
with the county ettorney in the theory thai.
nothing %stropEG" than maniamus shall be
urged against Frank.
There are two points upon which Franks
attorneys cely in heir effort to have the
fee law declared invalid. ore is that even
though the law is good. it cannot within the
bounds of constitutionality be made to APP
ply to Frank during his tenure of office, On
the theory that there is no legal way TO
diminish the salary of an official position
until the beginning OF a new term. The
other point is that an ittegplarity was COM
mitted by the Legislature in the enactment
Of the fee law.
Well informed lawyers who have no inter
est in the matter other than the natural in
terest of every taxpayer have expressed The
opinion that the law is strictly constitu-
tional and that the alleged irregularity IL
the passage of the bill car easily be cleared
up.
Omaha daily bee., 1900-01-25
r TtsUIulIUH IHlTUuUCVu Uy NIUHdeT Le'
was unanimously adopted, as follows:
TO SECURE A PUBLIC PARK
Meeting of Citizens in Fifth Ward nj
which IA Park Proposition il
Discussed.

A delegation of Fifth ward citizens met in
Mckenna's hall, Sherman avenue and Lo-
Gust street, Wednesday night to discuss ways
and means for securing the ground com
monty known as the Bluff Tract to be de-
voted to public park purposes. Various
opinions were expressed and it was finally
decided that a committee should be ap-
pointed to ascertain in detail what arrange
ment can be made. This decision was
reached through a resolution introduced by
Judge Ferguson. The committee thus APP
pointed is; Judge Ferguson, c. o. Lobeck
and }, c. Weeth. This committee was in
stfuc'ed to report at a meeting to be called
in the near future.
George w. Holbrook introduced a resolu-
tion f~avoring the leasing of Fontanelle park
to the Country club, an organization which
desires to obtain a ten-year lease on a sub
urban tract,
Omaha daily bee., 1900-01-25
LOCAL BREVITlES.

The Free Methodist church. Eleventh and
Center streets, is having revival meetings
every night.
A 80 overcoat was stolen Tuesday from a
dummy standing on the sidewalk in front
of the Boston store.
The chicken coop of Mrs. Mary Kruso.
9S South Thirteenth street, was robbed
Tuesday night of forty-eight fowls.
Martin II. Learny. an attorney of Plain
view, Neb., seeks through the judge of tho
United States court to take advantage of
the bankruptcy law.
a burning chimney in the Douglas block,
Sixteenth and Dodge streets, caused the
fire department a run about / o'clock this
morning. There was no damage.
p. +. PalniquiSt of Des Moines spent
Tuesday night on a bench in Jefferson park,
and in police court this morning testified
that he had slept soundly. He had been
arrested by an officer just at daybreak.
A refrigerator standing at the rear door
of the Bon Ton restaurant, 2O3 South Thir-
teenth street, was robbed Wednesday
night Of a beef and pork loin, valued at
$3.50. The thief IS described as a very black
negro boy about II years old.
Mrs. Sarah NJ. Babcock of South Omaha
has petitiOned the United States court to
declare her a bankrupt. She says she
wants to save the few hundred dollars re
naming to her, which would otherwise be
swallowed up in the payment of debts.
E. F.. Holmes, the alleged forger of rail-
way tickets, against whom three additional
infOrmatiOns were recently filed, was
brought into county court yesterday to
ans wer the charges, but on account of
absent witnesses the cases We're continued.
In July, 1897, Stanley Pierce left his home,
then in Lafayette, Ind. and his mother,
Mrs. l.. r.. Pierce, now residing at $40 East
END avenue, Chicago, has not heard from
him since, except that he had been i'm Ames,
Ia. Mrs. Pierce will be very grateful for
any regarding him.
When Morris Hierschberg, arrested on a
charge of assaulting a woman, was
searched at the city jail yesterday, $3.50
in gold and greenbacks was taken from
him. The money was in three old leather
purses. He said he carried it because he
had no confidence in banks. Mrs. Lizzie
BosowitZ, the complaining witness, will
appear against him Friday,
Emil Pressler, the young BroOklynite who
mysteriously disappeared about a year ago,
it is now believed, was the victim of "A rail
road wreck on the Union Pacific at SunOl
January q. Presslcr was "A passenger ON
the wrecked train, II Is almost certain, and
his relatives now bclieVe that the charred
remains of an unidentified man, which
were buried at Sidney, were those of Press
Ter.
Captain II. Il. Palmer returned Wednes-
day from Washington, where he had been
to push the passage of "A bin through the
house of representatives providing for AN
appropriation for a national soldiers sani-
tarium at Hot Springs, $. ID. Captain Pal
mer Is moro than pleased with the pros
poets of the passage of the bill through the
house. There is no question of its passage
in the senate, as similar bills have already
been favorably acted upon by that body.
Omaha daily bee., 1900-01-25
Strong Testimony.
This is Omaha Testimony and
Will Stand Investigation.

If you doubt the following and wish to in
vestigate, you have not to go to some other
state in the union to prove IT,. It's not a
long story published in Omaha newspapers
about a resident in Kalamazoo, Mich, or
Tampa, Fla. It's about a resident in Omaha
and given in his " words. No stronger
proof can be had.
Mr.. e.. NJ. Schnellbacker OF the Omaha
Truck Co., No. 5O7 South Tenth street,
says: when a young man / strained my
back lifting and ever since any extra work,
too much stopping or a cold settling in the
loins affected the kidneys and brought on
backache. The advertisement about Doan's
Kidney Pills led me to procure a box at
Kuhn & Co.'S drug store, corner Fifteenth
aud Douglas streets. The treatment cured
me"
Doan's Kidney Pills are for sale by all
dealers. Price 80 cents per box. Mailed on
receipt OF price by Foster Milburn Co,
Buffalo, n. Y. Sole agents for the United
States.
Remember the name, Doan's, and take no
substitute.
Omaha daily bee., 1900-01-25
About that Military Road.

The proposed military road to Fort Crook
will be one of the questions of importance
10 be considered at Friday nights meet
ing of the Commercial club. Business men
&C the city appear very anxious to have
congress appropriate money for the Twenty
fourth street road rather than for the ma.
cadamizing Of Thirteenth. 1t is urged by
members of the club and others interested
here commercially that as there is no paved
! street from the heart OF the city to Thir-
tocnth the paving of Thirteenth will be a
great detriment to the commercial interests
OF South Omaha. Farmers by the dozens
now travel the old Bellevue road and are
landed right in the center of the business
interests here. Produce is brought in from
the farms on the south and southeast over
this road and corn and hogs are hauled to
tie stock yards over the same route. Pres
ident Flynn and Secretary Watkins of the
club are deeply interested in the ultimate
decision Of congress and are doing all IN
their power to have the bill changed to
read Twenty-fourth street instead of Thir-
teenth. kilograms are being sent and let
tiers written to Congressman Mercer pro-
testing against the Thirteenth street route
on the ground that the opening OF the
ridge road will divert from this
city to Omaha. Quite a number of heavy
taxpayers are taking a deep interest in
the matter and it is more than likely that
a resolution recommending the old Belle
vue road will be adopted at Friday nights
meeting of the club.
There was a time when the advocates OF
the ridge road could assert truthfully that
the stencil from Mud creek was an objec-
ton to the paving of the lower road, but
since the packing houses now run I've into
the creek daily the disagreeable odor has
disappeared to a great extent.
On the other hand, the owners OF prop
erty in the eastern section Of the city and
especially those residing on Thirteenth
street are opposed to any change in the
original plans OF Representative Mercer and
more than likely MIR. Mercer will be asked
by these not to change his bill in the
interest of Twenty fourth street. These
east siders say that they pay heavy taxes
and still have no improvements. Police and
fire protection is practically unknown, they
say. and very few electric lights adorn street
intersections. The difference of opinion be-
tween tho business men and the eastsiders
premises to precipitate an interesting fight
before the matter is settled,
Omaha daily bee., 1900-01-25

the conversation that passed between them,
but | cav Hill hit Reader in the face with
his crutch and then haste him on the
shoulder with a stool Then Reader went
out to look for a policeman. and Hin pro-
ceeded to demolish the place. First he
smashed the showcase and pounded up the
cigars. Then he upset the sideboard. He
took his crutch and knocked all the dishes
off the counter and was mixing up the pics
and tobasco sauce on the shelves when the
policeman entered In three minutes the
restaurant was crowded. II was better than
an orchestra to draw a crowd"
Hill was fined $40 and costs.
Omaha daily bee., 1900-01-25

Since January I over 10000 hogs have
been received at this market.
D~iphtherla Is reported at the Dawson
residence, 1922 North Twenty-slNth street.
Some OF the republicans are talking of
nominating Frank c. Jones for city clerk.
a case Of scarlet fever is reported at the
home of NJ. r.. Sage, Nineteenth and
streets.
February 6 Is the date of the next dane
Ing and card party to be given by the Loo
tus club.
1t is stated by builders that Armour has
used 100000 brick in the erection of mis-
plant in this city.
1t is reported tAat the Union Pacific is
ready to commence grading in the north
err cart of the city.
The sidewalk around the postoffice build
ing Is now treated TO Il daily sweeping by
o. Il. Bruce. the new %ianitor.
Joseph Aubrecht, the smallpox patient.
is reported as doing nicely. The house is
carefully guarded night and day.
The Armour contractors say that with
good weather the brick work on the new
warehouse will be completed Friday.
The walls of the new Peterson block at
Twenty-fourth and Il streets are going up
rapidly. The front will be of crcam-colored
btiCk.
Contractor Mcdonald is pushing the work
on the new public school building, but he
hardly thinks 1t will be completed by
March l.
Patrick l.. Hughes is reported to have
sidetracked his ambition to be mayor and
Is willing to accept a seat in the council
providing the democrats will nominate him.
a sign on the door of a. w. Babcock's
store at Twenty-fourth and n streets an
%n,ounceS that the stock is temporarily in
the hands of the United States dis riot
court.
The funeral of Enoch McCarty was held
at Union church in Sarpy county yesterday
afternoon. The deceased was a veteran Of
the Mexican war and II pioneer settler in
this section.
Fore Collins sheepmen estimate that 49,
NM llnhG "a ~ Nnu an fnnI Ia a -. 80, 1 "a
Omaha daily bee., 1900-01-25
WRECKS CAFE WITH A CLUTCH
Man with One Leg and a Temper
Plays the Part of bull In n
China shop.

w. H. Hill lacks the advantage of a left
leg, but when he hobbled out of the Union
Coffee house, 1916 Webster street, Tuesdar
night, he left a wreck behind him that would
have done credit to a lyddite shell. In his
wake were broken crockery, crippled fur
niture, despoiled edibles and crushed cigars.
and for the next three meals the house made
a specially Of hash. II was because the
proprietor, Harvey Reader, had refused to
pay Hin 50 for a clock.
II was in the restaurant eating supper
when Hill entered" testified II. G. schoheld
in police court Wednesday. Il didn't hear
Omaha daily bee., 1900-01-25
Big Railroad Land Deal Rumored.

Judging from the actions OF a number of
%well-known railroad men another real estate
deal of considerable magnitude is in con-
temptation. Several times within the last
few days railroad officials have been seen
looking over a tract OF ground lying west Of
the Rock Island tracks and north of the
Rock Island depot in Albright. While it
Is impossible. at this time, to obtain any
positive information on the subject of this
transaction, II is rumored that an effort is
being made to acquire the land in question
for track purposes. The Union Pacific is
planning extensive Improvements here and
It Is reported that the road is meeting with
considerable difficulty in securing suitable
tracksge facilities. On account Of the rapid
increase in business the packers are con-
stantly calling for more trackage and bet
ter facilities for handling cars. Within the
last day or two the titles to a considerable
tract of land in the southern part OF the
city have been looked up and inquiries as
to the assessed valuation have been made
at the city Offices. Further than this. the
NJ Of property owners in the section
referred to have been copied by persons
supposed to be in the employ OF the rail-
Omaha daily bee., 1900-01-25
Commercial College Social.

The social at the Commercial clubrooms
given to the students OF the Omaha Com
mercial college 10y its management last night
was a great success, Nearly 500 students
were present. Senator Van Dusen made a
pleasing address, which was greatly appre-
ciated. An entertaining program was rem
dcred, consisting Of orations. Tecitations
and musical selections. one of the most in.
teresting umbers was a recitation by Mrs.
Connor, a well known teacher of elocutiun
An original poem, "Greeting,' written and
read by Mrs, Bartlett. was most aDpro-
PIRATE 20 thH occasion and elected much ap.
plause, The recitation by Mrs. MosheT
proved a happy hit, Dainty refreshments
were served about 10 o'clock, followed by
games and a general social time.
Omaha daily bee., 1900-01-25
FURTHER INVESTIGATION IS on
Persistent Action on Part of Members
Of Mutual HniI Ass0cin1inn.

Farmers who believe they have beer
wronged by the promoters of the Grain Grow.
ers' Mutual Hail association, an insuranc,
concern which recently went into the hands
of a receiver, are persistent in their en-.
deavor to have the affairs of the association
thoroughly looked into. Application is to be
made for an order Of court permitting at,
torneys for the plaintiff members to make
a close examination Of the books for the
purpose of ascertaining the exact status OF
the situation. This development is now
on the tapis and may come within a short
while.
Omaha daily bee., 1900-01-25

J. Burns, formerly a member of the
T~hirty-second infantry at Fort Leaven-
worth, against whom was pending ii charge
of desertion, has been acquitted and his
papers show an honorable discharge from
the army. Burns wandered away from the
barracks last summer while temporarily de-
into custody by the police. He has since
been in the hospital at Fort Crook. Through
the Intervention of "A White Cross nurse
who waited upon him the army authorities
were convinced hat Burns was not ac-
countable for his acts when he left Fort
LeaVenworth.
Omaha daily bee., 1900-01-25

a well-known live stock commission deale
doing business at the yards here has just
returned from a trip over a large portion OF
Wyoming. He says that the weather there
Is simply perfect. Cattle have been fed
very little II any hay and arc fattening on
the open range. No losses of any conse-
quence have been reported so far this win
ter. One ranchman asserts that out OF a
herd of 1000 head he has lost only two
calves and these from blackleg. Most OF the
ranchmen are well prepared for emergen-
cies, having plenty Of hay and other feed
on hand.
Omaha daily bee., 1900-01-25

sion 10 the bench Of Silas A.. Holcomb.
which places fusionists in the majority. will
result in the redemption Of promises freely
made during the campaign last fall that a
new IRE and police commission would be in
stalled by tho new court IL Holcomb we're
elected, and the hungry hordee Of democrats
and populists enabled to break into the
service Of the city's police department.
Should tho quo warranto proceedings re-
ceive the sanction of the court. as promised,
1t viii resuscitate the old commission, which
comprised DIT. Peabody, w. C. Bullard,
Judge Gregory and Lee Herdman. This ap-
pears to be a Jacksonian move and IL has
been understood that the County Democracy
has been contemplating the springing Of
some sort Of an action through the county
attorney toward securing control Of the fire
and police commission.
The County Democracy appears TO have
been completely gigged back on its once
robust declaration against fusion. When the
club was organized in the fall of 1898 one
of its most stalwnrt planks was its ex-
pressed determination to overcome the
mania among democrats to emulate the
lamb which lay down inside of the lion. Its
profound adherence Of political nest-hiding
was proclaimed with the loudest blast of its
newly FURNISHED trumpet. Now, however.
its leaders are flirting coyly with the over
willing coquette, the Peter Cooper club. and
1t Is plastering over with honeyed words
its old antipathy. The spectacle presented
by the two democratic organizations fawn-
ing in undisguised rivalry upon the popu-
listic charmer is apparently highly flattering
to the latter and a source of infinite amuse-
ment to the spectators. Each Is endeavoring
to convince the guileful, but coveted consort
that he Is by far the most anxious to secure
her hand. The object of their quest has.
however, been wooed before and the sutton
who wins in the coming campaign will have
10 put up a bond for good behavior and set
aside a handsome dot az a marriage portion.
r. C. Jordan has pulled out Of the repub-
lican contest for councilman in the First
ward on account OF the demands of his own
business.
Omaha daily bee., 1900-01-25
STARTED AFTER COL. NOISE
John Shechan, Although Imp1acnbIe,
Wants the First Ward Demo-
Gratis 10 Wait.

John Sheehan saved the day for Chairman
Noise at the meeting Of the First Ward Dem
ocratic club Wednesday night.
When it was learned during the day that
at the meeting of the democratic city com.
mittee Tuesday night the chairman had re-
fused to permit the seating of John Hroch
and Fritz Albrecht as members of the com
mittee from the First ward there was q
hurried meeting of some of the members OF
the First Ward club and a set OF resolutions
was drafted bitterly denouncing the &C.
ton of Chairman Noise and calling on the
committee to permit the democrats OF the
ward to name their own delegates.
When the club met Wednesday night the
of the members showed that there were
enough present to pass them. Here was
where Sheehan came in. He told the club
that the chairman had attempted to give
him a decent hearing and that he did not
blame him for the action of Tuesday night
and that the resolutions were therefore out
of place. But" continued Sheehan, 'the
end is not yet. If l am in favor of sup
pressing the resolutions | am not in favor
of lying down. We will fight the matter
out at the primaries and we will see whether
MIR. Noise or the democrats of the First
ward are running things down here. We
will get even for the dirty way they have
treated US"
Edwin j. Dee introduced a resolution,
which was adopted, reciting that as it is con
templated that the governor is going to APP
point a new board Of Are and police commits
sioners it is the will of the First Ward Dem
ocratic club that Michael Cavanaugh be ap-
pointed as a member of said board.
Reports were submitted from the meet
ing of the central committee. A general
discussion showed that there were three
candidates for the nomination for city coun-
Gil present, and on the suggestion Of the
president the club decided to make no en-
dorsements. 1t was further decided to have
no speeches in the First ward until after the
CITY convention,
Omaha daily bee., 1900-01-25

roads. Several real estate dealers who have
been approached on the subject admit that
they have heard rumors OF a big transact
ton, but all deny having any positive in
formation bearing on the matter. 1t is ex.
pected that definite information will be OBJ
tained in a day or two.
Omaha daily bee., 1900-01-25

The following are the standing commit
tees for 1900 of the board of governors of
the knights of Ak-Sar-Ben:
BALE. p. Peck, J. G. Martin, L. Metz,
jr., II. V. Lane.
Flnance-H. j. Penfold, r. S. Wilcox, o.
d. K~iplinger, T. a. Fry.
House-W. s. Jardine. II. V. Lane, T..
Metz, jr., Mel Uhl.
Invitation-Mcl Uhl, II. j. Penfold. A. II.
Noyes, r.. 2. Peck.
Light; Metz, jr., r. S. Wilcox, Mel Uhl,
w. S. Jardine.
Music-O. d. Kiplinger, E. P. Peck, Mel
Uhl, G. p. Cronk.
Parade. G. Martin, w. S. Jardine. T..
Metz, jr., o. d. Kiplinger.
Press-A. Fl Moves, f. Metz, jr, o. d.
Kiplinger, H. V. Lane.
Printing!: S. Wilcox, A. II. Noyes, H. j.
Penfold, II. V. Lane.
Purchasing-G. p. Cronk, r. S. Wilcox,
II. j. Penfold, w s. Jardinc.
Railroads.&c. p. Peck. j. q. Martin, II. j.
Penfold. G.-P. Cronk.
Ritual-H. V. Lane, w. s.. Jardine. A. II.
Noyes, G. p. Cronk.
Advertising-Mel Uhl, O.. D.. K%iplinger, II.
j. Penfold, r. S. Wilcox.
Omaha daily bee., 1900-01-25

is the unprecedented importation of 1O9. SO3
cases of G.. II. Mumm's Extra Dry in 1899.
or T., i95 more than any other brand. ac-
counted for by the maintenance OF the high
est standard of quality. Their 1895 vintage
now imported is exceptionally fine.
Omaha daily bee., 1900-01-25

The refusal of the governor to appoint a
new fire and police commission with which
to keep in line during the city election the
large following of would-be policemen has
rendered it necessary for the local leaders
to shift for themselves. Accordingly steps
have been taken to have the attorney gen
eral institute quo warranto proceedings be-
fore the supreme court for the ousting OF
The present commission. This action was
expected to develop in Lincoln Tuesday. 1t
Is taken upon the conviction that the Access