Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-03

years for conviction of second degree muir
der. Miles is a colored man and halls from
Omaha
The penitentiary records for today show
that 1888 convicts are within the walls of
the institution. Compared with former
years the present number of convicts, in
proportion to the states population, has
been exceeded previously several times.
Attempt to Save Fish.
State Fish Commissioner OBrien, Game
Warden Carter and Deputy Hunger will
go to Omaha tomorrow to investigate the
report that fishermen there have located
the presence of a large number of fish,
mostly cat and crappies in a series of
shllow sloughs north Of Cutoff lake.
Fearing that the sloughs are in danger of
drying up, the state authorities likely will
decide to seine the sloughs in the early
spring and replant the fish in Cutoff
lake.
Big Tax Payments.
Cash from county treasurers for Novem-
Der tax payments is rolling in at the office
Of State Treasurer Mortensen at lively
rate. Five counties reported this morning.
as follows: Douglas. sS5.1e5; Keya Paha,
$3.50; Madison. A.4s4.ss; Cunning, s1s.s4;
York. 1885.
Ftsh-HunttnR License.
Deputy Game Warden Carter today is
sued the first nonresidents' license for the
year to o. p. wyland. representing the
Thlrty-third district in the Iowa legisla-
ture. Mr.. wylands application was &C
companied by the statutory fee of $40.
Young Couple WEEDS.
Miss Nelia NJ. Cochrane. prominent in
Lincoln society, was married at noon to-
day to Franklin p. Quick a clothing mer-
chant of Detroit and a former resident OF
this city. The wedding occurred at the
home of the brides parents, Mr. and Mrs.
Thomas Cochrane, 11H d street, Rev. ].
w. Jones of st. Pauls church officiating.
The event was witnessed by friends of the
family and members of the college fra
ternities to which they belong. The couple
left at 100 for the east Thomas Coch-
rane, the brides father, is one of the lead
ing grain men Of the state.
Ager VIII Remain.
1t was definitely stated today that j. H.
Ager, political agent of the Burlington,
would not resign his position, as had been
rumored for some time. Mr.. Ager has
not been in the best of health and he has
not relished the lambasting he has been
given in the newspapers In the last few
years and his real desire was to quit Mr..
Holdrege. his immediate superior. was in
sistent upon MS remaining and he has
agreed to do so.
Startling Innovation.
What city officials regard a rather
startling innovation is the request filed
today by counsel for Mayor Brown in a
mandamus proceeding to change the records
of the council so that they read differently.
When the city council committees were
announced by Mayor Brown a little while
ago some OF the councilmen were not given
the places they desired. They got their
heads together and decided to attack that
section OF the city charter that gives the
mayor the right to name the committees. A
mandamus proceeding was begun in the dis
trlct court TO require the president OF the
council, Mr.. Dunn, to make the appoint
ment. Dunn refused to do and the mat
ter is still in court, with the mayor as an
intervenor. The disgruntled councilmcn
attack the charter on the ground that the
amendment is not germane to the original
section and that the old section is there
fore In force, which would give Dunn the
power.
In order to make the mayors defense
complete it is necessary for him to have the
records show that Dunn was elected presi-
dent pro tenn. of the council Instead Of
president, and that is the request made
City officials are inclined TO look askance at
this. asserting that II the council has the
right to go back and change the records so
that they express what they now think
they ought to have done rather than what
they actually did do, II would be a bad
precedent.
sued for Ten Thousand
The city OF Lincoln was made defendant
today in a suit for $4,000. The PLAINTIFF is
william II. Fuller. formerly a laborer in
the city employ. Fuller claims that he was
| made q cripple for life by reason of an ac-
cident while working in a tunnel. He says
that he was not aware of the dangerous
character of the work which he was or
dered to do. while the foreman was fully
! aware of it.
Supreme Court Proceedings.
The supreme court is to hand down it's
! usual grist of opinions tomorrow, and in
court circles the prediction is freely made
! that the court has prepared it's ruling in
the injunction brought by Attorney General
| Brown against the alleged grain dealers
| trust. Considerable interest today attached
| to the litigation between Bailey. the Jones
| National bank of Seward, the State bank
of Utica and the State bank of staplehurst
L against !. r. dtes, ~. T.. thompson and
others, growing out of the Capital National
/ bank failure. The plaintiffs some time ago
/ secured judgments amounting approx
mately to $4,000 from which Yates. 1homp-
! son ct al prosecuted an appeal. A few
| weeks ago the attorneys for the banks
! filed a motion before the supreme court
| to quash the bill OF exceptions flied by
| the plaintiffs in error, alleging that IL
! lacked the authorization required by the
! statutes. This motion was argued this
| morning and submitted.
| The same point upon which the supreme
/ court recently ruled against the state in the
| BARLEY bond suit. which resulted adversely
| TO the state in it's effort to realize upward
| OF $4,000 from the BARLEY bondsmen is
! involved in the motion submitted today, the
| banks attacking the bill of exceptions by
alleging that it lacks proper authorization.
! On motion of John +. Stout attorney.
| Braddock II. Durham of Omaha was adj.
| mitted to practice in this court
| The following cases were argued and
! submitted Enlow Cattle company against
| Ganow, Lincoln Traction company against
| Shepherd, Giles against Storz Brewing COM
! pany, City of South Omaha against Omaha
| Bridge and Terminal Railway company,
| CANNED Book company against Paine Mo-
| hat against HUT, in re application OF Me
| NAMES. Wiese against Gerndorf, Cobbey
| against State Journal company Olsen
! against Collins. PARROT against Hartsuff
I Co.. IA H.