davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1903-01-29
NOTICE.
lshouId be read DAILY by al Interested,

as changes may occur at any time.)
Foreign mails Tor the week ending Janu-
airy 81, 1903, Will close PROMPTLY in all
cases. at the general p~ostOIhce ss follows:
Parcels post mails close one hour earlier
than closing time shown below. Parcels
pusI mans Tor Germany close at 5 y. m,
friday, per s. 5. Patricia.
Regular and supplementary mails close
al ioreign station half hour later than clos
ing time shown below except that supple
mCatary mails for l. Irope and Central
America via Colon close one hour later at
foreign station.
Omaha daily bee., 1903-01-29
WEBSTER DEPOT-I5TH a wEBsTEE

Leave. Arrive.
Black Hills, Deadwood,
Lead, Hot Springs.....a 800 pm a 500 pm
Wyoming, Casper and
Douglas ...............i S9D pm c o:O pm
Hastings, York, David
City, Superior, Geneva.
Exeter and Seward. ID 300 pm b 500 pm
Bonesteel, Lincoln, Nioz
brara and Fremont....b 1880 am blO:25 am
Fremont Local......'....c 1:5O am
Missouri Pacific.
Nebraska Local, Via
Weeping Water...,..b 4:lO pm alO;25 am
Chicago. 81. Paul, Minneapolis n
Omaha.
Twin city Passenger. "a $3.50 am a $40 pm
Oakland Local. ..........b 5:45 pm b S:45 am
a Daily. b Daily except Sunday. d Daily
except Saturday. e Daily except Monday.
c sunday only. f-.. r az
Omaha daily bee., 1903-01-29
SPECIAL NOTICES

Advertisements for these columns
will be taken until ~ IN. for the
evening edition and until s:3O y. "a.
ter morning aud sunday edition.
Rates, I lie n word nrst Insertion,
&c n word thereafter. hi takea
fer iesa than 25o for the nrat inser-
ton. These advertisements must be
run co~nsecutiveiy.
Advertiaers, by requesting = nuE.
hered check, can have ad.
dressed 60 n mbcr letter In care
90 The nee. Answers 80 addressed will
be delivered On pT~esentntton 81 The
check only.
Omaha daily bee., 1903-01-29
STEAMSHIPS.
HOLLAND.AMERlC LINE

New TWin-BCrew Steamers Of $500 Tons.
NEW YORK-ROTTERDAM. via
sailing wednesday al 10 A. N.
AmFtsrfam ....-..- Feb. 4AmateTdam ...-.. Mar. Il
Ryndan ..........F eb. u. statendam .,.....Aar, IS
Rotterdam ......-. Mar. 4Rotterdam ......-. Mar. 2B
HOIIaBd-America Line, 80 B'yuy, n. \,
Harry MOorss, 1901 Farnam st., !. s. McNallg, l223
Farnam 81, 81 8, Jones, 1909 Farnam st., Louia
Necse. First Natl Blk, p z Flodmgn a Co.. 1854
Capitol ave. ChaA Mares. 52 So. 10th q. 8 l.
coo So. 18th st., Omaha, agents
Omaha daily bee., 1903-01-29

PRINTED MATTER, ETC.-This steamer
takes printed matter, commercial papers
and samples toI Germany only. The same
class Of mail matter Gor other parts OF
Europe will not be sent by this ship un-
less specially directed by II.
After the closing of the supplementary
transatlantic mails named above, addf-
tional supplementary mails are opened on
the piers of the American, English, French
and German steamers, ana remain open
until within ten minutes Of the hour Of
sailing Of steamer.
Omaha daily bee., 1903-01-29
transatlantic Mails.

SWITZERLAND, ITALY, SPAIN, PORT
UGAL, TURKEY, EGYPT, GREECE,
BRITISH INDIA and LORENZO MAR
Cnail Tor other parts Of Europe must be
directed per 5. 5. La C~hampagne"J.
FRIDAY-At $3.50 p. m. Ter AZORES 49,
LANDS, per 5. 5. WesIeTland, from Bos-
ton.
SATURDAYrAt $3.50 a. m. for IRELAND.
per s; s, EIlItia va SueehstOWh Sm9ii
rected per s. s. Etruria'Di at $50 a. m.
for EUROPE, per 3. 5. Kroonland, via
rect. per s. S. Lain mail must be di-
rected per 8. S. Lahn"); at $3.50 a. m. for
SCOTLAND direct, per s. 5. Ethiopia
Omail must be directed per $. E. Ethi-
opia"); at IL a m. for DENMARK direct,
per 5. S. Norge mail must be directed per
s. 6. Norge').
Omaha daily bee., 1903-01-29

A POSITION as stenographer, or would
accept general Office work. Experienced.
references furnished. Address, y 81, Bee.
A-7Ol-2Ss
Omaha daily bee., 1903-01-29

Observation-Disclosures, honest, hustling
organizers for Fraternal Union; best
order In America. Liberal compensation.
h. Il. ROose, President, Denver, Colo
B-M23O-F-17
Omaha daily bee., 1903-01-29

WANTED, n position by frst-class dry
goods man as advertiser ana trade getter.
Address Box 262, Beatrice, Neb.
Omaha daily bee., 1903-01-29

FOR RENT. first floor. 1907 Howard ST.;
splendid place for light jobbing or manu-
featuring business. NJ "
Omaha daily bee., 1903-01-29

WANTED, 8 statesmen to solicit and collect;
quick promotions. 621 Paxton block.
Omaha daily bee., 1903-01-29

400 Girls. Call Canadia once, 18th q Dodge.
Csc
Omaha daily bee., 1903-01-29

A YOUNG woman OF good bushes quail
or as cashier. Address Il ", Bee office.
A-ggg 80
Omaha daily bee., 1903-01-29

MODERN 7-room house near park. 1909 S.
2Sth. D-653
Omaha daily bee., 1903-01-29
FoR
nEsIRAHLE FIAT

DESIRABLE FLAT.
G rooms, 1911 Howard st., modern except
heat, and In best OF repair, 50 per month.
GEORGE 4 Co, 16Ol FARNAM ST.
Mt r
Omaha daily bee., 1903-01-29
WANTED.

WANTED-I want hustling agents TO as
sist me in obtaining buyers for Kansas
land: big prohts for energetic people,; no
experience required. Hiland 7. Lockwood,
lU2-3 Bryant bldg, Kansas city, Mo:
J-MT4 /
Omaha daily bee., 1903-01-29
Men and Women Looking for Positions
Read the Want Ads.
WHEN YOU HAVE A PLACE TO FILL, TRY ONE.

FOR INSTRUMENTATION.
Omaha daily bee., 1903-01-29
BURLINGTON sTATIoN-1OTH a MASON

St. Louis Express. -. ..alo:O0 am a s.2s pm
*. c. and st. L.. XIX. .al0:5O pm a 6:l5 am
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06

lowed. If the offer of proof had fairly
presented this matter it would have
been competent. 1t is commended by
the respondent that the offer is fatal.
Ily defective in many respects; that
the offer must show that the dipping
was done under like circumstances.
with like conditions prevailing as to
the character of the sheep, the con-
ditions of the weather, and numerous
other conditions to which it is not now
necessary to refer.
I'm u judgment the offer was ia.
tally defective in one particular at
least. Assuming that the questions
asked and the offer made fairly show
that the other sheep were dipped in
the same material, mixed in water in
the same proportion, under like cir
ucmstances and surroundings, still
the offer only seeks to show that IN
other instances fatal results did not
follow. In submitting this offer oun
sci in effect stated to the court that
they desired to make this proof, and
none other with reference to that par.
ticular subject. The offer is made as
a whole. 1t is not for the court to
separate the admissible from the non.
admissible, n admit the one and
reject the other. Ii the offer as a
whole contains Objectionable matter,
error can be predicated upon the
ruling of the court in excluding it.
The defect in the offer becomes very
apparent when we consider the fact
that the complaint in this instance
alleges that SO head of sheep were
killed and that the remaining 81 were
injured as to render them
unfit for breeding purposes. 1t may
be that in the other instances no fatal
followed, but that such dam.
age was caused as to render those
sheep likewise invaluable for the pur.
pose for which they were kept, in
other words, the offer is so preg-
nant with the admission that serious1
or damaging results may have fol-
lowed, that it could have no eviden-
tiary value, and in its exclusion we
cannot say that the court committed
error.
"The Judgment and order denying
a new trial are affirmed"
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06
Proposals Invited.

Notice is hereby given that sealed
bids will be received by the board OF
commissioners until noon of Wednes-
day, Dec. 8, 1905, for the following
services and supplies to be furnished
to Yellowstone county during the fis-
cal year beginning December l, 1908,
and ending November 80, 1904:
Feed, clothing and nursing of poor
and infirm, e week, per capita.
Medical attendance of poor.
Burial of deceased paupers.
Coa' and wood.
All bids should be addressed to w.
o. Parker, chairman. plainly marked
with the nature of the bid, and should
be filed with the county clerk prior
to the day mentioned.
By order of the board.
]. w. FISH, County Clerk.
Billings, Montana, November s,
1903. 54-5r
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06
LIABLE FOR
THEIR ACTS
SUPREME COURT DEFINES STAT
US Of SHEEP INSPECTORS.
OPINION IN NOTED ACTION
Judgment Of District Court Affirmed
in Bair VS.. Struck, Appealed
from Yellowstone County.

A decision was rendered by the
supreme court at Helena a few days
ago which is of interest to the raisers
Of sheep and the officers appointed
by law to enforce the regulations es
tablished for the prevention of con
tagiOn among the flocks of the state
The decision in question was made IN
the case of Charles M. Bair VS.. Henry
Struck, sheep inspector, in which suit
vas brought by Barr against Struck
for damages said to have been sus.
tanned by reason of a poisonous dip
employed by the inspector in dipping
a band of rams shipped in by the
plaintiff rom Oregon. In the district
court judgment in favor of plaintiff
was rendered for the sum of s1.O55. so.
The defendant moved for a new trial
and this was denied. From this order
an appeal was taken. The Judgment
and order of the lower court are at
f1rmed.
The opinion OF the supreme court
was handed down by Associate Justice
Holloway, the other members con-
curing.
Suits History.
In the complaint it is alleged that
in August, 1899, plaintiff was the
owner of $50 head of merino bucks,
which had lately been imported from
the state of Oregon; that the defend
ant was deputy sheep inspector for
Yellowstone county, and as such took
the sheep from the possession OF
the complainant and subjected them
to certain quarantine regulations;
that one OF the sheep was diseased;
thot defendant wrongfully and negli-
gently prepared the materials used
tor dipping the sheep and put there
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06

and invested with the duty of carry
ing into execution this police power
of the state. The mere fact that such
officers are called upon to exercise
some discretion Or judgment in Sc
lecting materials to be used and the
manner of their use, does not change
the character OF their acts from min.
isterial to judicial, or quasi-judicial
ones. Experience teaches that lew,
il any, ministerial officers are not
called upon to exercise some judgment
or discretion in the performance OF
their official duties. But, if the con
tention of the appellant be sustained,
the distinction between ministerial
and quasi-judicial acts is practically
abolished.
"The question involved in this con-
troversy is not whether the policy
adopted was wise, but whether a
wrong was done in the details of it's
execution. We are of the opinion that
in the discharge of his duty the de-
PENDANT acted in a ministerial ca.
pacity only.
Offer to Prove Defective.
"2. Upon the trial the defendant in
his own behalf made the following
offer of proof, which upon objections
was excluded: We desire to show by
this witness that no different charac-
ter of dip is used in which to dip
merino bucks as contradistinguished
from ewes or wethers; that the dip
in question is a staple in the mar
for the purpose for which it is
used and is sold in the open market
for such purposes and sold under a
certain, specific name and brand. That
before and after the month of August,
1899, the defendant, as deputy sheep
Inspector, used the same character
OF dip, so far as he could tell by
brand and selling mark, in which to
dip sheep generally; that he used this
dip so purchased in proportions such
as were used in the instance of the
Bair bucks and that in the admixture
of the same with water he substantial.
ly did in those other cases as he did
in this instance; that the dipping
of those other sheep was in the vat in
which the bucks in question were dip
ped and that no fatal results followed
from the dipping of those sheep in SUBJ
stantially the same manner and in
the dip made in the same proper
lions as was used in this instance
"The evident purpose of the defend
ant was to show that he had used the
material, mixed with water in
the same proportion, in dipping other
sheep as in the case of the dipping
Of the sheep in question, and that no
serious or damaging results had fol-
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06

in carbOlic acid or other poisonous
matters in such quantities that So
Of the sheep were killed and the re
naming ones SO badly injured as to
render them unfit for breeding pur-
poses, for which they had been pur-
chased. The prayer of the plaintiff
was for $1,000 damages.
The defendant admitted in his an
swer that he was deputy sheep in
spector and that as such he dipped the
sheep in question August 20, 1899,
but denied all the other material
allegations in the complaint. BY way
of an affirmative answer he alleged
that the dipping of the sheep in ques-
ton was done by him under and by
virtue of a proclamation of the gov
rno issued April Is, 1899.
The case was tried to a jury and a
verdict rendered awarding the plain
tiff $1,055.50.
Contentious Of Appellant.
Judge Holloway said:
II. 1t is earnestly contended that
the complaint shows on it's face that
in the discharge of his duties the de-
PENDANT acted as a quasi-judicial OFF,
Ger, and, therefore, is not liable for
damages arising from his negligence,
and would only be liable for such
damages as were accustomed by his
wilful or wanton misconduct, and no
such misconduct is alleged"
Here the sections Of the political
code applicable to the case are quoted
and the opinion continues:
Under the provisions of the law
it was made the duty OF the governor
to determine what sheep, not them
selves diseased, should be quarantine
ed, and to prescribe the quarantine
regulations. In doing so he doubt
less acted in a quasi-judicial capacity,
and having once determined that fact,
and having prescribed such regula-
lions in his proclamation, the only
duty devolving upon the defendant
was to carry such resolutions into
effect.
Inspectors Liability.
But it is contended that under the
provisions of the governors procla-
nation: Said sheep shall be dipped
in some recognized and reliable dip,
known to be efficient in the cure OF
scab;' the defendant was called upon
to exercise his judgment and discre-
ton in determining the material to be
used and the method of it's applica-
ton, and in this he acted in a quasi
judicial capacity. With this conten-
ton we cannot agree. The law con-
templates that only men who, by
their skill and experience, are compe-
tent shall be appointed such deputies
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06

The Big Oregon Nursery Co., Salem.
Oregon, wants live, hustling statesmen
to introduce Burbank's grand new
plum, Maynard; also a complete line
of superior nursery stock. Cash adj
vanced weekly. Write quick for full
particulars and secure choice Of ter
ritory. kn3O
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06
Don't FORGET Me.

When you are placing your lnsur.
ance. My companies and rates can
not be excelled. Edgar B Camp, First
National bank building. 154-tf
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06

We guarantee all our work and 4
not satisfactory we will make It 81
OF return your money.
BILLINGS STEAM LAUNDRY.
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06

Money to Loan.
On city and farm real estate at low
rate Of interest. Edgar B. Camp,
First National Bank block. tt
The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-06
D A N CONTEST.
Result Of 5aIIotino Up to Close Of
Business Yesterday.

Where Coupons May. Be Secured.
Votes may be obtained with every
25c purchase at any of the following
business places:
Pearsall & Brown.
The Delmonico.
Thos. Manley. .
Z. M. Flat, Belknap block.
The Vogue Clothing and Shoe Co.
Holmes & Rixon.
Chapple Drug company.
Golden Rule department store.
Geo. Settler.
The G.. O. d. Store.
A. L. Babcock Hardware company.
F. B. Chapman.
J. Forester.
Thompson & McGregor.
M. Kron millinery.
Will j. Pulte.
A. M. Peters.
Calling cards at The Gazette ofHce.
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-03-04
Additional Indictments Returned
in Fourth District NaturaliZa-
ton Fraud Cases.
INQUIRY ON.
United States Authorities Are
Watching the Soviner Investi-
cation in Relation to I'm
migration Laws.

A partial report was made yesterday by
the Grand Jury in the United States Dis
trict Court which returned thirty-f five in
dictments. Many of them, It is said, are
against alleged violators of the naturaliza
ton laws.
Patrolman Jacob Kaplan OF the Fourth
District and several other residents Of that
section of the city were arrested several
weeks ago, and it is understood that the
later indictments include several persons
who were connected with the same or
sanization.
The general charge Is that these men
testified falsely in securing the naturaliza-
! tion of Poles. Russians and Austrians. who
had not been in this country Il sufficient
length OF time and in other ways We're
not qualified to become American citizens
Colonel d. z. Dyer. United States Dis
trict Attorney, announced yesterday that
the traffic in immoral women in the Fourth
Police District may he taken up by the
Federal authorities under the immigration
laws.
SoVINER INVESTIGATION.
The trend of the investigation conducted
by Circuit Attorney Folk will be watched
shown that any OF the inmstes of the
houses which are alleged TO have been
operated by the Scviners and others now
under indictment were brought to this
country through Soviner's agents. prosecu-
! tion under the Federal statutes will fol-
low.
Several of the women are said TO have
come to St. Louis almost direct from Po
land. Bohemia and Austria. but it must
. be shown that agents operating abroad
were responsible for their coming 1t is
generally believed that this will be a diff
hcult matter TO prove, if such Il state of
affairs existed.
The Grand Jury will meet again to-day
and continuc its Investigations
United States Marshals We're busy yes
terday serving papers in the Wabash in
junction suits. To-day probably VII be
given over 10 arrests in the naturalization
cases and in others included among the
indictments returned By the Grand Jury.
''GET-RICH-QUICK' INQUIRY.
1t is believed that the 'get--ich-quicf''
concerns VIII continue TO be a subject of
inquiry by the Federal authorities. TO de-
eide whether or not Government agents
were negligent in dealing with those con-
Germs, as well as to ascertain if the opera
tors violated any of the United States stat
utss
Indictments against some OF the opera
tors may he among the true bills returned
YESTERDAY, il is stated
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-03-04
VISITORS AT ST. LOUIS HOTELS.

Mr. and Mrs c. d. Berry OF Denver,
Colo. are at the Planters
Bruce Melville of Richmond. Va, Is reg
istered at the Southern
John NJ Carey of GreenViiie, lex IS
stopping at the New st. James
Charles c. Zimmerman of LOUISVILLE
Ky, has rooms at the Laclede
H. ]. Thompson of Shelbyville, Ill, spent
yesterday at the Lindell
Walter Mcdonald of Kansas CITY. MO-,
is on the guest list at the st. Nicholas.
Mr.. and Mrs Henry L. Slaves Of Shreve-
port. La, are at the Moser.
Thomas G. f. Hunt Of Pueblo. Colo'
was at Horns yesterday.
w. l.. Cochran of Burlington, Ia, IS
registered at the Planters.
j. ]. Claxton of Mount Pleasant, Tenn.
is stopping at the Southern.
S. J. Williams of Little ROCK, Ark, has
rooms at the New St James.
Albert II. Lea of Nashville, Tenn. Is a
guest at the Laclede.
e. E. Hendrick Of Nashville. Tenn. IS
registered at the IAndell.
C. W. Battey of Providence, R l.. is on
the guest list at the ST. Nicholas.
Mr. and Mrs. Howard ]. Long Of New
Orleans. La. are at Horns.
Richard n. Boswell OF Lincoln, Neb.,
was at the Moser yesterday.
James F. Hunter of Memphis. Tenn, Il,
registered at the Planters.
w. H. Spang. Jr., of New Haven, Conn.
Is stopping at the Southern.
Mr.. and Mrs. S. w. Andrews Of Arcadia,
Mo-. are at the New ST. James.
Mrs. Clay Boone of Kansas City, Mo-,
is guest at the Laclede.
IT. S. Rogers of Waco. Tex, spent yes
terday at the Lindell.
Mr.. and Mrs. c. H. southgate Of Chi
cago. ILL.,, are at the St. Nicholas
M. I6 Elb Of Hopkinsville KY. Is reg
istered at the Planters.
H. F. Tourtellot of Providence. r. l.. f..
stopping at the Southern
Mr. and Mrs. W. Duncan Green of Kan
sas City. Mo-. are at the New ST. James
George W.. Russell of Ozark, Ark. was
among yesterdays arrivals at the Laclede
B. S. White of Cleveland, O., is regis
tered at the Lndell.
M. r. Ray Of Carrollton. Ill is nm III.
guest lis, at the st. Nicholas.
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-03-04
Minneapolis Man Ayers That He Is
Not Physically Able to Return
and Face Trial.
PROTESTS HIS INNOCENCE.
His Wife Declares He Has Never
Been Fugitive From Justice
and That the Charges
Are GrOundless.

Manchester. n H. March S.-Counsel for
former Mayor Ames of Minneapolis to-day
visited the Superior Court to file a petition
OF habeas corpus for his client. but as the
presiding Judge was unable to hear the
case, an agreement was reachec that II
shall be heard March IL.
The petition calls for the appearance oil
Mr. Ames in court for examination as TO his
physical condition.
Hancock y. H. March S..Former Mayor
Albert A. Ames of Minneapolis. who Is mere
awaiting the result of extradition proceed
ings said in the course Of an interview:
4 am perfectly willing TO go back anu
face the Charges. but l really do not leei
able / know that L am not strong enougn
to stand the journey. and the physiciai,,s
advise against 1t. am perfectly lhnoI 49,
| know they cannot prove any OF thess
charges. which are due TO politics. and you
ut is persecution interrupted mrs.
Ames. Indignantly. They siinpy ma W., ,, ~
iujure the doctor. They want 10 get nun
out Of the way" ;ta.e
Doctor Ames. according to his VII
statement, to which he noddsa a IG, M
has been III since November -. 1891 The
date is significant from the fact that the
charge of accepting a bribe. on which the
papers for his requisition have been grant
taken place on November Is. 1901. or five
DAYS previous to his first Illness
Il want to say Just here. sara Mrs:
Ames. in a most positive manner. ma n
Doctor Ames Is not and never has been
fugitive from Justice. There has never besh
a time except when we We're u a ~, e'i !. :,
thai those Interested in Minneapolis did not
know where he was.
indictment found February T. and VIVA,
have they got to base 1T upon: Nothing o on,
the evidence of a woman who says sife
p r him SIS through Mr.. Brown. the
MAYORS private secretary.