The Plattsmouth Herald.
TUESDAY, FKUKUAKY 2, W.r.
I?. E. White was iti Omaha to-day.
S. C. Polk wan in Omaha to-day on
ImsinetH.
A. H. Smitli came in laHt tiilit
from Denver.
John Ijtryda wax in Union to-day
on business.
Mrw. Joe McCoy was a passenger
n No. 5 this morning for Omaha.
In matter of State vs. Kd. Wiley
I lie defendant wan Iismissed by
the state to-day in police coutrt.
Mr. and Mrs. J. N. Summers left
last evening on the flyer for a hort
visit with Mr. Summers' folks at
Peoria 111.
Mr. ami Mrs. C. S. Dray returned
to their home in Auburn to-day af
ler a pleasant visit with the family
of A. H. Dray, of this city.
Miss Kmma Randall, of Peru, who
lias been visiting relatives and
friends in the city for the past week
returned home this morning.
The ground hog came out to-day,
aw his shadow and went back.
You may now look for six weeks of
stormy weather, according to the
old saying.
The county commissioners to-day
awarded the county priming to
TnE Plattsmouth Herald. The
IlEKALD is now the official paper
of Cass county.
Councilman W. L. Brown was
called to Lincoln to-day on official
business. He informed a Herald
reporter that he had been called to
Lincoln to advise Governor Thayer.
Enoch Kaukin, banker and stock
raiser, of Thedford. Thomas coun
ty, came in this morning and took
the Missouri Pacific for Murray to
visit a few day with his p-irents and
other relatives. Mr. Kankin wasan
old time resident of this county.
A meeting of the Y. P. S. C. K.,
will be held at the Christian church
Wednesday evening, I'ebrunry 3, in
honor of the Eleventh aniversary.
A cordial invitation is extended to
all, especially those interested in
Christian Endeavor work. Services
to commence promptl' at 7 p. m.
The commissioners awarded the
contract to the following doctors to
furnish medical aid to Cass
county's unfortunates: Dr. E. W.
Cook, "first distri l; Dr. IJ. F. Dreu-
. -del, second district; Dr. M.M. Alden,
third district; Dr. Hassemier, fourth
'district; Dr. Frieday, fifth district:
Dr. Hobbs, sixth district.
There will be a special meeting
of the A. O. fl. at their hall at eight
o'clock this evening. Business of
importance.
James Grace, Pres.
ANNUAL, ELECTION
Of the Livingston Loan & Building
Asso'iaiion Last Night.
The annual election of the Living
ston Loan & Building association
occurred last night at the council
chamber Out of iV:r) shares, 4.")0
were represented The seventh
eeries opens this month
with 1T new shares. Followingare
the officers elected for the coming
year: President. D. B. Smith; vice
president, Win. Weber; treasurer.
J. M. Patterson; solicitor. Tom
Walling; secretary. Henry R.
Gering; Joe Klein. J. V. Egenbcrger
and C. A. Marshall were elected
directors for the term of three years.
Leap Ytsr Party
Alvin Todd was given a pleasant
surprise at the Todd residence, cor
ner Seventh street and Washington
avenue, last Saturday evening. A
pleasant company of friends as
sembled, with due observance of
leap year. Games were engaged in,
after which refreshments were
served. The following were pres
ent: Mamie Sullivan, Frank White
Alice Petersen, Arthur Sullivan.
Mable Young, Alvin Todd, Minnie
White, George Todd, Hattie Baily,
John Ellison, Lizzie Leach, Eddie
Todd, Lizzie Jaquette, Carroll
JLeonard, May Eikenbary, Eddie
Tutt, Ella Eikenbary, Henry Weid
man. Obituary.
Philip Meisienger, living eleven
miles west of this city on the Louis
ville road, died at 1:30 yesterday af
noon. Mr. Meisienger lived to a ripe old
age, being 81 years old the Cth of
last August.
The funeral will occur to-morrow
afternoon at 1:30 from the family res
idence and the remains will be
interred in the Woolrod cemetery
Kev, Witte, of this city, will conduct
the service.
Miles Nerve and Liver ills.
Act on a new principle regtilat
- ing the liver, stomach and bowels
through the nervs. A new discovery
Dr. Miles' Pills speeiily cure biliou
sness bad taste, torpid liver, piles
constipation. Unequaled for men
women, children, smallest, mildest
mireet! 50 doses, 25c. Samplee
Jree at F. G. Fricke & Co s.
TI1E AGONY OVER.
BOYD
IS A SUBJECT OF
UNCLE SAM.
DECISION OF THE SUPREME COURT
Desides Boyd Eligible to tne Office to
Which he was Elected, but no
Mandate Issued.
WASHINGTON'. D. C, Feb. 1. The
United States supreme court, in an
elaborate opinion by Chief Justice
Filler, to-day held that James E.
Boyd is a citizen of the United
States and was for two years pre
ceding his election as governor of
Nebraska, and that consequently
he is entitled to the office, and that
John M. Thayer, the hold-over gov
ernor, who denied the right of Boyd
to suceed him, must give way. All
the justices, except Field, unite in
the conclusion that the United
States supreme court had jurisdic
tion of the case.
All the justices except Field con
curred in the conclusion of the
court that Boyd was a citizen of the
United States and entitled to the
ofiice of governor of Nebraska.
Justice Harlan, Gray and Brown
concurred in that part of the opinion
which held that Boyd was a citi
zen, because from the records in
the case it must be considered as
established that Boyd's father,
having exercised all the rights of
a ciii.en. had in fact in 1854: taken
out his final naturalization papers,
notwithstanding he did not have a
record of such final naturalization
papers.
ONE POINT OF DIFFERENCE.
Those three jurists, although the
fact was not stated in so many
words by the court, did not assent
to the conclusion reached by the
other justices that Boyd was also a
citizen on another ground; viz.
That the enabling act of Nebraska
constituted a collective naturaliza
tion of all the inhabitants thereof
at the time of its admission into
the union, except such as an
nounced that they intended to re
tain theirrights as citizens or sub
jects of foreign nations, and that
the various officers held by Boyd
and the exercises of the right of
sufferage by him, with the oaths of
allegiance to the United States he
took at various times, show clearly
that it was his intention o become
a citizen of the United States, and
that in fact h so considered him
self. The court reversed the decision
of the.supreme court of Nebraska
and ordered that it take further
proceedings in conformity with
the decision that B yd is a citizen.
THE STATUS OF ALIENS.
Application of this doctrine is
then made to the case of the state
of Nebraska, and its various pro
ceedings looking to admission are
considered. One clause of the state
constitution adopted provided that
white persons of foreign birth who
had declared their intention to be
come citizens should be considered
electors, and this congress amended
by declaring that it should not oper
ate as a discrimination on account
of ;olor. These provisions in con
nectiou with section 14 of the state
constitution, that "no distinction
shall ever be made by the law be
tween resident aliens and citizens
in reference to prosperity," seems to
the court a clear recognition of dis
tinction between those who had and i
those who had not elected to become
aliens. It follows from this that all
who declared their intention to be
come citizens congress so required,
and placed those whose naturaliza
tion was incomplete in the same
category with persons already citi
zens. PROOF OF THE NATURALIZATION.
The court holds, on the authority
of Justice Miller in Mitchell vs.
Clark, that it has a right to deter
mine for itself the sufficiency of
this allegation, and that it is not
concluded by the view taken by the
Nebraska supreme court. It is true
it says, that under the naturlization
laws, naturalization can only be
complete before a court, and that
the usual proof of naturalization is
the copy of courts of record. But,
citing Blight vs. Rochester, and
Hogan vs. Kurtz, the court says it
is equally true that where no record
of naturalization can be produced,
the evidence that a person had the
requisite qualification to become a
citizen, did, in fact, and for a long
time, vote and hold ofiice and exer
cise the rights belonging to citizen
ship, is sufficient to warrant a jury
in infering that he had been duly
naturalized.
NOT YBT IX THB CHAIR.
The court's order reads as follows:
"Judgment of the supreme court of
Nebraska is reversed and the cause
remanded, to be proceeded in ac
cording to law and in conformity
with this opinion."" Unless the Ne
braska courts should of their own
accord depart from the usual cus
tom, Governor Boyd will not be re
instated in office before March at
the earliest. Ex-Attorney-Geueral
Garland asked for a mandate this
afternoon, but Justice Fuller said
that the court could not depart from
the usual custom and would not is
sue a mandate before the usual
time, utiles notice of intention be
given the other side. The motion
of Garland therefore was denied.
As the court to-day adjourned until
February 2., this action will have
the effect ft delaying the issuance
of the coiirfa order until after its re
assembling. UNDER THE WHEELS.
Larry Doolan, n old Man, Horribly
Mangled in the Yards Last
Night.
Larry Doolan, an old man living
in the house known as "old section
house" up near the old brewery,
was killed by the cars last night.
The supposition is, (although noth
iiif definite ipr known. that he was
struck by switch engine No. 141 at I
about 10 o'clock last night, but the !
body was not found until about 1
o'clock this morning.
The unfortunate man was struck
by the train just above the switch
shanty and dragged up opposite the
brewery and was dropped there.
He was not found until the switch
engine had pushea No. 66, a freight
train, up the hill toward the bridge,
and it is supposed that three
engines and twenty-five cars passed
over him.
His right leg was cut clear off,
right close to the hip, and was
found about forty feet from the
body, lying on the east side of the
track. The body was lying in the
middle of the track. The right arm
was hanging by a small piece of
flesh, and a hole as large as a base
ball was in the right side, of his
head. His breast was crushed out
of shape; in fact, every bone in his
body was broken.
He presented a ghastly appear
ance as he la3"- on the slab in Under
taker Unruh's rooms. With his right
leg completely severed from his
body lying beside him, and the
cinders and ashes ground in his
face and body, it was hard work for
his friends to recognize him.
From the testimony, it seems that
Doolan had been drinking last
night and had started for home
when he was killed.
Night Yardmaster Chas. S. John
son and several of the other
employes of the road testified that
they had warned him several times
to be careful or he would get hurt,
.nd Jas. Archer, car inspector, testi
fied that he had pushed him off the
track once before just in time to
keep an engine from hitting him.
The engineer and fireman of No.
144 both testified that they had not
seen him and did not know that
any body had been killed until Al
Hall, a switchman, had called their
attention to it after they had pushed
No. 66 up the hill.
The old gentleman was hard of
hearing and in all probabilities did
not hear the train approaching.
His daughter has been keeping
house for him. He was employed
by the B. & M. as a blacksmith until
about a year ago. Part of the time
since then he has been working on
the section under Foreman Con
McCarthy.
Coroner Unruli empanelled the
following jury: E. K. Todd, Geo.
Weidman, J. C. Petersen, L. D. Ben
nett, L. G. Larsen and P. E. Kuffner.
The jury returned a verdict ihat he
came to his death by li is own care
lessness, no blame being attached
to the company or its employes.
All those owing personal and de
linquent taxes will please call at
treasurer's office and settle same.
The ofiice will be open pay day eve
ning; also the evening following.
Gus A. HYERS,
6 Deputy Tax Collector.
For abstracts of title at reason
able rates, go to J. M. Ley da, Union
block. tf
Millinery and dressmaking at
Tucker Sisters', in Sherwood block.
Special Sale
OF
Gvershirts,
Gloves and
Mittens.
THIS WEEK AT
"THE FAIR."
SEC
MAMMOTH - WAX - CANDLE:
. i . , .
jKSXT THE COBHTSBS. UlTUnMUlTJ.
JOE
WANTS YOU TO GUESS HOW
LONG THE
CANDLE
WILL BURN,
IT WILL COST YOU NOTHING
TO GUESS.
NO MORE GUESSES ACCEPTED AFTER FEBRMRV 14,
T1g Gqqdle "Will be Lif ted Febmy 1 5
Inclose your Guess Together
Yotu Clotliei quel Fqiqislei.
The Base Ball Situation.
This city is taking great interest
in the proposed state base ball
league, but, while many are in favor
of it, the majority of the citizens
are opposed to having the city
represented, preferring to have a
indedendent club. Last season the
Plattsmouth team was the crack
club of the state and made for the
city and themselves a name to be
proud of, barring the wild and
woolly trip to .the Black Hills.
This year the city intends to have
an even better team than lat, and
with the four or five good, strong
local players as a nucleus a rattling
good team ought to be organized.
The local "prides" are Tom and Sam
Patterson. Charley A. Miller, Al
Perrine and Johnnjr Schulhoff.
These players were on the team
last 3 ear and nearly every baseball
crank in the state knows them.
They "can all play ball from the
start to finish. Tom Patterson
plaj'S short stop, and he is consi
dered as good as the best. He did
some very clever and effective work
last year and was exceedingly
handy with the "willow." He has
played ball in this city ever since
he was big enough to walk and has
been successively player, captain
and manager of the locals. He is a
strong batter and can usually be
counted on to hit the ball when
runs are needed. Sam Patterson
won distinction last season as a
heavy and sure batter. To his
timely and terrific slugging can be
traced about six or eight splendid
victories. He, too, has had a long
experience on the diamond and
captained last year's team. He is a
fine all-around player and is equal
ly at home in the field as in the
pitcher's box. "Whitey" Miller is
one of the best known amateurs in
in the state. He is a great base
runner and is a great boy to wait
'em out. To get to first is equiva
lent to a run with "Whitey." Al.
Perrine is at present firing on the
B. & M., but is oiling his muscles
preparatory to the 'opening of the
season. He came here from Mount
Pleasant, la., last year and joined
the locals as a pitcher. He i9 a
verg fast and effective pitcher and
can send the sphere across the
plate as quick 'as greased light
ning. Johnny Schulhoff is exceed
ingly handy with the stick, is
counted a safe -hit," and every fly
that comes near him in center field
sticks to him as if he were made of
molasses. Omaha Sunday Bee.
:joe'
- -.
y
with Your 2Tame and itw-llfce
J 0 E
J
ULIUS PEPPERBERG.
MAHUFACTUKE OF AND
WHOLESALE AND RETAIL
DEALEIilNTBE
CHOICEST BRANDS OF CIGARS
FDLL LINE OF
TOBACCO AND SMOKE.S ARTICLES
always in stock
o
Plattsmouth, - - Nebrassa
C. MAYES
COUNTY -SUi; V E Y O K
AMI
CIVIL ENGINEER
All orders left with the county clerk will be
promptly attended to.
OFFICE IX COUKT HOUSE,
Plattsmouth, - - Nebraska
MEAT MARKER
SIXTH STREET
F. H. ELLENBAUM, Prop.
The best of fresh meat always found
in this market. Also fresh
Eggs and Butter.
Wild game of all kinds kept in their
season.
Meat
SIXTH STREET
MARKET
Gentlemen would not use "Blush
of Roses" if it was a paint or pow
der, of course not. It is clear as
water, no sediment to fill the pores
ef the skin. Its mission is to heal,
cleanse and purify the complexion
of every imperfection, and insures
every lady and gentleman a clean,
smooth complexion. Sold by O. H.
Snyder. Price 75 cents.
Isn't she Beautiful!" Occasionally
one hears this expression, as a lady
with a strikingly lovely complexion
passes along the street. Certainly!
she uses the famous blush of roses
manufactnred by Miss Flora A.
Jones, South Bend, Ind. Supplied
O. H. Snyder, price 75c per bottle.
The Factory ville Roller Mills' new
process buck wheat flour "takes the
cake." There is no better made. Ask
your grocer for it. All live grecers
keep it, if they do .not they will
order it for you. d &w6t
T. M. WARXE,
Union, Neb.
JECK
3
LEB
JOE
Cm
V
Will Give
THE FOLLOWING PRIZES
To the first nearest guess,
A NICE OVERCOAT
To the second,
A TRUNK.
To the Tnird,
A PLUSH CAP,
Published February 15.
TIMOTHY CLARK.
DEALER IN
COAL woor
-o TERMS CASHo
Ytrde and Office 404 8outh Third Street.
Telephone 13.
PLATTSMOUTH,
Nebraska.
jTjR. A, SALISBURY
: D-E-N-T-I-S-T :-
GOLD AND PORCELAIN CROWNS.
Dr. Sieinways anaesthetic for the painless ex
traction of teeth.
Fine Gold Work a Specialty.
Rockwood Block I'lattssnouth, Neb.
GOLD AND PORCELAIN CROWNS
Bridge work and fine gold work a
SPECIALTY.
DR. 8TEINAD8 LOCAL as well as other aa
eethetlcsglven tor the painless extraction of
teeth,
0. A. MARSHALL, Fitzgerald Block
Lumber Yard
THE OLD RELIABLE.
U. A. WATEEIAN k SOU
Shingles, Lath, Saah,
Doors, Bflindo
Can supply everw demand of the city.
Call and get terms. Fourth street
ia rear of opera home.
LUMBER