Omaha daily bee., 1903-02-07

district court for larceny, the accusation
against him being that he stole some chick
ems The discovery was made at the be-
ginning of the trial that he has served time
before and witnesses were procured TO
show this fact. II II can be proved that he
is guilty Of a felony now. and further that
he has been twice before sentenced either
In this state or elsewhere to terms Of not
less than three years each in the ,peniten-
tiary, he must be given a sentence of not
less than twenty-five years for this crime.
The law was passed last winter, but has
not been applied in a single case in the
state.
Quarantine Case on Trial.
The supreme court Of Iowa this morning
listened to arguments in an appeal case in
volving the method OF enforcing the quar-
antine laws of the state This was the
case Of DR.. c. S. Kirby of Grand Junction,
convicted of failing to obey a quarantine
order when he had the smallpox. The man
ner of determining his case and enforcing
the quarantine was not in strict conformity
TO the law, and the defendant seeks to es-
cape on technicalities. The state holds
that inasmuch as the notice was regularly
served and there was no doubt about the
man having the smallpox and he had ac-
cepted service, the regulations could not
be broken with impunity.
Court Decisions.
The following we're the decisions fled in
the supreme court today:
Andrew Rath against r. T. Orr, appel
liant; Hardin county; Judge Weaver; fore
closure of lien affirmed; by Sherwir1.
r. a. Kletzzing against F. w. Armstrong,
appellant; Marshall county; Judge Burn
ham; malicious prosecution; affirmed; by
P. H. Casadt against r. w. Carter, ap-
pellant; Woodbury. county; Judge oliver
commission on exchange of properties; re-
l.. s. McConkiey against H. NJ. Remley;
Cedar county; certiorari on liquor injunc-
tion; dismissed; by Deemer.
The grand jury in Wright county is en-
gagged in investigating a mysterious death
which occurred in November in Des Moines.
1t appears that Clara whipple of Dows died
here and the body was sent to Dows, but
not until a few days ago was it known
that any such death occurred here. The
fact that the body was sent out without
any record being made of it and sent to a
minister at Dows aroused suspicion and
investigation followed. Thus far the grand
jury has been unable to determine just
what happened, but it is evident that the
girls death was concealed from some ul-
terior motive. II is stated, however, that
the minister has been exonerated from any
improper connection with the affair. All
efforts to find outswhat undertaken handled
the case or just where the girl died have
been unavRiling. DIV
Pharmacy Commission Fight.
Governor Cummins is expected to return
from St. Paul tomorrow, where he went to
attend a state meeting Of the Young Mems
Christian association, and he will immedi-
ately take up the matter Of appointment
Of pharmacy commissioner. The fight has
become very bitter for this position. W.
L. Leland, the present incumbent, is a
candidate for reappointment and is backed
by republicans in northwestern Iowa. In
the Tenth district are two leading candi-
dates, Russell of Rockwell CITY and Keltz
of Webster City, both strongly indorsed.
Keltz has a hard local fight on his hands
and against Russell 1t is urged that he is
ineligible in that he has not been engaged
as pharmacist recently but has b~en clerk
of the district court. II Is believed the
appointment lies between RUSSELL Keltz
and Leland, in the order named, but no
matter who is appointed there will be sore
disappointments.
Guard Inspections.
Iowa National Guard, and Major Hume,
assistant inspector, went to Winterset this
evening to inspect the Winterset company
OF the guard. Next week they will. make
inspections at Charlton. Bedford, Red Oak.
Shenandoah and Corning on successive
evenings. The work of inspection will go
on as rapidly as possible until completed
New Corporations.
The following are new interpretations in
Iowa, the papers for which have just been
! filed:
| Commonwealth Telephone company
Waterloo; capital 100000; by Rufus c
| Dawes and others.
| Peoples Savings bank of Delta; capita
| 1000; w. A. Cornwell, president; George
/ Hathaway Produce company of SiouI
! City; capital $4,000; by N. r: Hathaway
j. b. McKinstry company Of Rowan
! Wright county; capital $4,000; by L. A
Mason City Cream company; capital s15
900; j. d. Bucket, president; W. V. Bucket
| secretary
Test of OIeOmnrgarine Eaw.
The state dairy commissioner stated to.
day that the prosecution OF the Armour
Packing company here for technical viola
tion OF the Iowa law relating to the sale
Of oleomargarine is in the nature OF tes
of the meaning of the law. here are nj
precedents to go by, as the law has no
been questioned IN the courts. The lows
law is different from the national law lr
that It provides for punishment OF those
who sell oleomargarine which is Of vel
low color, nothing being said about an!
coloring matter being placed in II. Ad
mission is made that the oleomargarin'
being sold here is not artihcially colored
but it is claimed that it has color whicl
in fact violates the Iowa law. This is tn
sole question to be tested by a suit in tn
courts and when II is disposed Of here will
be for the entire state
Killed Two Farmers.
The inbound Wabash train this mornin
struck and killed two men near Fffeld
whose names the train crew was unable L
learn. AT the point where the tragedy oc
CURED the wagon road turns to the left
crosses to the south side and passes on I
Fineld. The latter is eight miles west an
perhaps three miles north OF Pella. Tn
men were in charge of two teams. On
team was in charge OF young man, an
attached to a wagon. The driver had gotte
out and climbed into a bobsled ahead. 4
charge Of an elderly man, retaining hol
OF the halters OF his horses. Enginee
Beverly saw the two teams and driver'
but never suspecting they, were unaware q
the approach Of the train and would at
tempt 10 cross the track made no attemp