Omaha daily bee., 1902-04-04

other meaning7 Not long ago by English
law a man was hanged for murder II he,
being engaged in any unlawful act, sect
IDENTIFY killed a human being. The legis-
lature has abandoned that rule and IL is
not 50 unreasonable to suppose that II was
the intention Of the legislature that no
one should be hanged for murder unless he
did the killing purposely, as II is TO sup
pose that It was Intended that one who
caused death by honest mistake in the Civ
ing OF a supposed medicine should be guilty
Of murder. II this statute does not make
the accidental killing OF a person by ad-
ministering poison murder in the first de-
gree, then by the same construction a
homicide committed in the preparation Of
robbery Is not murder in the first degree
unless the killing was purposely done"
strict Rules for saloons.
During one brief session this morning
the Excise board Of this city rejected one
application for saloon license, adopted a
rule prohibiting the sale Of liquor in any
form whatever in drugstores. and proposed
a rule to exclude all billiard. pool and other
tables, irrespective Of their kind, shape or
use, and all chairs. excepting one for each
proprietor, from every saloon In the city.
The actions were taken without much loss
OF time through discussion and the twentv-
five or thirty saloon keepers who were pres
ent left the building wondering what would
happen next. The rule to exclude tables
and chairs from the saloons was PROPOSED
by Exciseman Finney and will come up for
consideration at the next regular meeting
Of the board. Mr.. F.nney declares the
board will insist on the enforcement Of
every provision Of the Slocum law.
only Alcohol I'm Drug stores.
Under the rule adopted by the board
drugstores may sell alcohol and wood alco-
hol but they are not allowed to keen any
other intoxicating liquid in their stock. the
mere presence thereof being declared prima
facie evidence that 1t is kept for sale.
Milton McCoogan had fled an application
for permission to conduct a saloon at 1925
N street. A remonstrance was presented
by John z. Miller. Of the Miller & Paine
department store. A few remarks were
heard but no sworn testimony was taken.
Exciseman Finney moved to reject the ap-
plication. The roll was called and the
board was unanimous in favor of the
motion.
How long have I got to appeal?' asked
McCoogan.
You can't appeal" quickly replied Ex-
ciseman Woods.
Anti-saIOOn League att
At the meeting Of the executive commit
tee of the Anti-Saloon league Of this city
today 1t was decided not to take any steps
towards a contest of the vote on the pro-
hibition proposition in the city election
until after the oficial canvass is completed.
The committee thought there had been con-
siderable fraudulent voting in the First
ward but it was conceded that the evidence
at hand would not warrant the commence
ment of contest proceedings. The vote will
be canvassed by the city council next Mon
day evening.
HOnOrs to Colonel Davenport.
Information was received at the state
house this morning of the death Of Colonel
E.. ]. Davenport in Valentine yesterday af-
t%ernoon, and upon request OF the governors
ONCE General Bates, Of the army headauar-
tiers in Omaha, has issued orders for a firing
party to go from Fort Niobrara to Valentin =
to attend the funeral tomorrow afternoon.
Colonel Davenport was formerly a sergeant
In the Fifth United States cavalry. He was
a member Of former Governor Deitrich's
military stan.
New interpretations.
The Cunning County Independent Tele-
phone company incorporated today under
the avs Of the state. Its principal place
Of business will be maintained at Wisner.
The incorporators are George F. REMOVER
H.. d. Daily, Sylvester Emley and j. H
Finley. The company is capitalized fol