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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 5, 1891)
TELE OMAHA DAILY BEE , MONDAY , JANUARY 5 , 1891. 5 TBE COMMERCIAL TRAVELER , Omalii'a Contingent Busily Preparing Tor the Coining Campaign ! r 3 ! < WHY THE * GRANGER FAILED IN BUSINESS , Too Sfnny Noticed Ouster's MoiuiMirMit Tlio I'ost- nuiHlcr wan Smashed lint It Took Money. It Is'cnrly nil o ( the Omana knights of the grip are at homo just now potting their line , o ? samples ready for the first trip of the year. Tlio hotel corridors are full of thorn during the evenings M they plan to outwit cacti other In the scramble for the pick of the trndo tlmt awaits the bustler during tbo next few wrnks , Nearly nil of tbo houses will In crease their forces this year , adding men suf- 'flclcntto capture for Otnaba tlio now terri tory Unit WHS made tributary by tlio railroad extension of 1830. The Hlauh Hills forces will ) > e largely augmented and the Dakota dealers will command a great tjcjtrioro ; at tention from tbo Omaha , bouses than they Imvo heretofore bad. AVIiy Wiiumicjk Didn't Snuooed. A man whoso buslno s necessarily brings him Into contact with tbo general ptihllo can not afford to make his disapproval public or outspoken when the habits or customs of n portion of tbo general public la distasteful to him. A few years ago , writes n country incr- - chant , an olJ , whimsical and ccentrlo ngricul- turlst tmdcd off his farm lor a store and general stock of goods In a western Michigan village under the fond delusion tbat wealth would pour In upon } i\m \ with hardly nn oxer- lion on his own part. But , llko fi good many fanners who have tried nnd continue to try the same experiment , It soon began to bolcvldcnt that old man Wlmmlck wasn't "built right" to nialto a success out of tranio. Iio naturally picked up a llttlo custom , however , but as nature Imd soured him badly , the practical cclipsuof his ambition added materially to Ills acidity , and ho commenced deliberately nnd probably ignorantly driving away the few buyers that occasionally visited him. Noticing that his "heavy setters" were Rot ting far inoro numerous than customers , ho hutifi up a conspicuous sign , reading : "Wanted 1 A few moro able-bodied loung ers i" The result In ono respect was emi nently satisfactory. Kvery mau who had ever warmed his shins by his fl.ro gave the establishment n mental and apparently vin dictive farowoll. The placard , "No smoking here , " killed his tobacco trade. The an nouncement , "Yes I wo made 40 per cent on sugar , " xvas taken literally by ninny observ ers , aud the notice , "It's ' a trouble to show goods if you don't ' want goods 1" disgruntled tno majority of his female customers. Then a sign , "PH-aso kick tlieso Irons , " had the effect of destroying his window ( -ratine In forty-eight hours , nnd tbo declaration that , "I will prosocutoniiyono that dlsrtgurcs this wall I" produced a huge nocturnal decora tion of vulgarity , obscenity and low per sonal abuse. But the old man courage ously continued his reform labors until his reputation as n crank was moro than local , until ho hadn't a friend , male or female , and until every gatnln In town spent a largo portion tion o ! hi.s time In devising plans to annoy nnd anger him. There maybe people In the world who can . -naively ( "widuro complete business nnd r , oclal ostracism , but , crnnlcy and eccentric ns he wast , Wlmmlck llnally gave way to the jiressure. A line eighty-acre farm went Into tils venture and a forty-aero "hardscrabblo" jfnrin came out of It. But It Is more than doubtful whether the old man's practical commercial experience has been worth a frac tion of bis losses to Uiiu. Ills Victory Cnino Too Intc. A Detroit wholesale house sent an agent Into ono of the northern counties the other day to investigate and report on a failure of n dry goods man whoso assets were below zero. Tbo bankrupt was perfectly willing to explain how it all happened. "You sec , " ho said , "I got married about two years ngo. Up to that time tbo post master and bis wife had been at the head of society hero and run the ranch. Ho had the only swallow-tailed coat and she had the only silk dress in the town. " "I sco. ' "Wo bad to make a lead for the dead , nnd I bought my wife n $1- bonnet and n diamond ring. " "Yes. " "Tho postmaster bought his wife a broncho ponv nnd a pair of diamond earrings. " "Yes. " - "Then I subscribed $200 for a now church , gn\o two lawn parties und bought a top car riage and n pacer. " ' 'Yes. ' " "Ho came up smiling with n new brick house , a progressive euchre party and cave < 2M to the heathen of Africa. " "I POO. " "Well , I had gone In to smash him or lose a lung , and so I pledged myself for the preach er's salary for n year , lost $100 on a deal in wheat , kept two hired girls , bought three 1'crslan rugs , backed a barber shop , took a half Interest In our homo newspaper , nnd pro- Bentod every church In town with a bell. " "That must have , laid him. " "It did. He throw up bis hands nnd sur rendered , but when you follows in Detroit drew on mo at throe days' sight I was dished. I am sorry it happened , but you can't ' hlnmo me. If that postmaster hadn't made n fool of himself , I'd been able to pay 150 cents on the dollar. " THE MHt.Jl.lXCK / ' THK I/MJ.V. n. a. rolllcr , Yankee While. 'Why not marry 1" well , old follow , I will tell you If you care To but/listen to the story , ' Occupy that rocker there ; . "Now the reason tlmt fond mammas All have schemed so long in vain , 13 oocauso my heart is missing , host upon a lightning train. It's been some tlmo since it happened , Hulf n score of years or moro I'd stopped on a south bound fust line l'or ' n short run down the shore. There I saw the face that's ' hold mo Captive over since the day 'That I took my first excursion On tbo fast line down the bay. Soft her dark brown eyes were glowing- , Ah , her face was wond'rous ' fair ; ITnlnt her pearly chocks were showing ; Glint of gold upon her hair. I have spent a double fortune Seeking her , but ail in vain , She lias disappeared completely , Her I met upon the train , I have sat for many nn hour Dreaming o'er her fnirv face , As It ioso in memory's ' vision With that form of lissom grace. O , I'll ' ii''ver cease to love her Tho' 1'vo thought In deepest pain , That the gross may grow above her And wo ne'er may meet again. Yet I hope for some bright hour When again wo two may meet ; Bo It In some cosy bower , Crowded tinll or uolsy street : Aml.lf not , tnay God o'er bless her. Guard and shield her from all pain ; Gohlcu-henrtcd llttlo maiden That I saw upon tbo train , " UuHtcf'H "N'otrleetcMl Monument. Ton days ngo I stood on the spot where . GciionVl Ouster's llfo blood was shod , " said an Omaha drummer , The monument of Cus- - tor U thirteen miles from Fort Cutter on a rWsoeaatof the I-Jttlo Big Horn river. I can not say it is much of nn ornament and It certainly is sadly neglected. Two or three coarse gronlto rocks piled ono upon the other > , destitute of ornament or finish of any kind , ' are Us outward nnd visible sign of the honor the United States has extended to tbo dead hero. It looks llko moekcry to mo. A sol dier from the fort informed mo tlmt the men- union ; cost f 10,000 , or at least tlmt the gov ' ernment appropriated that amount for Us erection. The contractor , I venture to say , nmdo 19,000 out of the Job. I rode over the battlefield and It Is clearly orldent thnt Oon- eral Ouster underestimated the strength of tuo Indian horde , and that in turning to re treat ho mistook the blufT , upon which ho nftcrwardOfcll , for Uio beginning of a wide plateau In which he hoped to ride away la safety lie found It n narrow rlilgo scarcely ten feet wluonnd abruptly terminating In a steep descent. At this point stands the neg lected monument over the wiot where was found his body und those of his men , " Humpies. The new hotel that has Just been completed nt Oothensburg , Nob. , has been called The Houston In honor of J. H. Houston , the gen ial representative ol the Peycko candy com pany. Gene Hampton of Holdrcgc , Nob. , where many of the traveling men make their head quarters , has Just moved Into his now three- story brick hotel building. It contains forty rooms for gueJts and each room has a steam heater. K. U. Durkoor Carroll , la. , Is completing a $20,000 hotel building. J. R Stoufler , the plow man from Grand Island , while driving from Galloway to Broken I3ow shot a doer on the way. Ho saw It In a ravine , borrowed a shot gun from n farmer , made a sneak on Iho poor animal , shooting it dead. Ho hauled It Into the How and shipped it Into the Island. J. O. Thornburg- , who has been traveling in western Nebraska for DeuuliigiSc. Vogle , has been transferred to western Iowa to take the plnco of Maglnnis who recently skipped owing the 11 rm ntwut $1,200. * > O. 12. Livingston , who sells boots and shoos for Charles Coo , was rustling for trade in western Iowa last wook. Important Do not let your druggist palm off on you any new remedy for colds. Insist Dr. Hull's will dis on cough syrup or you bp appointed. "Hohnld the world rests. " Headache nnd neuralgia have been cured by Salvation oil , thu great and Infallible naln-rcmcdy , Vnco ! ij cents. TIIISATlUCAIj GOSSIP. A Prominent Alnnncor Severely Criti cises Hallway Tn.rifT-3Ia.korN. A representative of TUB IICK fouud Mr. G. W. Floyd , the jjen lal agent of the Bostonlans , In his rooms at the Mlllard Saturday , head- over-hoels nt work arranging for the forth coming engagement of his great company at the Uoyd , and decoyed him Into n few min utes' ' conversation. Tim DEI : man asked Mr. Floyd what he thought of the proposed bill that was Intro duced Into the Georgia legislature last winter - tor , that will force theatrical companies to pay a tax of S5 n performance for every ono given In the state of Georgia. "To mv way of thinking the whole state of Georgia Is not worth fc5 ! per nlgiit outside of Atlanta of Savannah , " replied Air. Floyd. "Any companies that I manage never go south of Nashvlllo , for the iuter-stato commerce law has caused such an Increase In theatrical rates , that a manager has to know the country particularly well and boolc bis company to points where there Is plenty of competition among railroads. Fully one-half of the railroad magnates of thu present day make mo sick. Now Just think ; the Hoslon- Inn opera company carries sixty odd people , and I am lorced to pay full fare ( $11.60 each ) from Omaha to St. Louis. This Is not right for llko a largo merchant , they buy at whole sale nnd have n largo reductio'n. Why should not Iho Bostonlans , carrying the number of people that they do , bo allowed the same privilege ! Do you know that without the theatrical business a great many of the largo railroad : would not show up the largo dividends that they del At the beginning of this season over four hundred theatrical and operntlo companies started out of Now York. They averaged twenty people to each company. This Is equal to about ton thousand people , their average of travel per season being between thirty nnd forty thousand miles. The theat rical profession of this country last season paid to railroads over $4,000,000. Take my company , for Instance. Their traveling ex penses last season aggregated over SJj.OCO. Unt this vast revenue off nnd It would make a great hole In the reports of earn ings of some of the great lines. I know what I am talking about for I spent live mouths in Washington last year lobbying for the managers' ' .association of America. Congressman Mason of Illinois last May In troduced a bill in congress allowing railroads the right to make party rates for ten or more people going In ono direction , This bill would 1 effect not only the theatrical profession , but everybody. It has been the rule , when pas senger trnfllc is dull , that railroads would get up excursions , making a rate of one furo for the round trip , hut by tho'provisions of this bill , a party of tea or more people from Ne braska can go to New York or any western city over one line , say the Chicago , Milwau kee & St. Paul and the Pennsylvania road nnd rnturn by the Now York Central , Lake Shore and Burlington railways , thus giving the traveler a chance to see the country , and not bo forced to return by the same line ever which ho wont , as is now the case. This bill was approved by the committee on commerce and so repoited to the lower house of comrress. Wo canvassed the house very thoroughly and found every member in favor of it. While wo wore wait ing for our bill to como up , the Baltimore & Ohio road won the case againtt the inter state commerce commission , Judge .Tiickson of the United States court deciding that giv ing party rates to ten or more did not cause competition and was not in violation of the Iuter-stato commerce law. The Immediate effect of this de cision was that all railroads throughout eastern and mlddlo states gave party rates to ten or more at 2 cents per mile. This deci sion accomplished what I had worked five months to do , and wo thought our work was finished. But the conduct of some of the lines west of Chicago Is simply shameful , and leads us to the bolldf that wo will have to again go to Washington and get a bill passed , which wo can do without any trouble , as all fair- minded congressmen uro opposed to the arbi trary action ol some of the great monopolies in dealing with theatrical people and largo traveling parties. I make the prediction that If this tyranny on the part of the western railroads continues , that the best theatrical attractions will not como west of Cuicago , us such men as Jay Gould cannot monopolize cost of Chicago as ho can west In my own case , In preference to paying tbo exorbitant rales nslied by some of those lines , Mr. Stuart Kobson aud myself , who will manage Thomas Q. Seabrook and a largo company In n play by Bill Nye , have booked him for forty weeks-six months In Now York , and the balance in Boston , 1'hll- ndelphtit and Chicago , where wo have an abundance of competition and aroused. In a fair way. The reason that the great Onsino companies do not como west of Chicago Is that they will not stand the exorbitant railroad rates. I hope the citizens of Omaha will take up this bridge matter and force Mr. Jay Gould to recoenizo an agreement for once in his life. With such men as Frank W. ganger , Stuart Kobson , Kugt-ne ThompUins , K. G. Gllmoro , and J. M. Hill to back the bill up , wo will win nt. d inako the western railroads como to us. The Itching of the scalp , falling off of the hair , resulting In baldness , nro otten caused by dandruff , which may bo cured by using hull's Hair Konowor. Ho 1'rotcDtcd His Own Property. Yoiin. Nob. , Jan. 3. To the Kditor of TUB BKB : In Tim BUB of December 23 was a dis patch from York , stating that I had shot Into a party of boys while skating on my promises on Beaver creek , south of town , Sunday morning. I think this does me an Injustice , and i wish to say that the boys referred to were young mom from twenty to thirty-six years of ago , who had Just dostrpyod the fence enclosing my hoi ; pasture. 1 ordered thorn to lot the fenoo alone , and when they would not desist I wont to the bouso aud got my shotgun , and returning told them to ats perse. There was a post twelve inches wldo standing In the crvek , nnd I told them u > get nwny , as I would shoot at the post. They separated a llttlo and I shot at thu post yt frighten them away. I had previously tallied with them , urging thorn to let my fence alone nnd go away. It has boon u continuous thing nil winter a determination to destroy neI erty. The fence was wholly on my own land , two foot luaido my line. I hud no Intention ot shooting to hurt any ono , and any who wcro injured must have been so by glancing shot. . V&n HouUm's Cocoa Delicious , made in stoutly. THIS lNOiSTUUCTIHL.B. Synopsis of HOT. Mnntt'n Now Year's Hcrtnnn nt t'nlty Clnircli , Following Is a brief synopsis of Hov. New ton Mann's ' New Year's * crmon : "VV'o nro romtndflil by the mutations of tlmo of one palpnblo fact , the permanency of the natural world and the hnpormnnciicy of our human world. \ \ e hvo nnd vanish away , Qthi but the earth turns the tireless course of the seasons Just the same * Is It possible that the inanimate world does resist the touch of time successfully wb.Ho the higher nature , the living ' things nnd man hlinso If. pitted with reason , must go swiftly to decayVo ! \ nro too tint in approaching such conclusions to consider the Individual only. The Individual ccUl ual Is llko particles of water , com ing nnd going , rising and falling Particles of water n the great ocean nro unstable , but the occau Itself lasts thrflugh the ages unchanged. "Tho hand of man built the pyramids and laid the Atlantic ) cable. Man chipped the llrst Hint arrowhead and carved the last lovely marble of the Luxembourg. Men die , hut man docs not. The race survives the touch of tlino as surely as the whirling gloho itself , itT "Certain Institutions nro also permanent. The family circle may bo broiton , but the family idea outlasts the ravages of tlmo and death. It becomes moro mid more sacred and firmly fixed with each change of Its individual parts. It will always bo. "Tho same may bo said of society. The world never loses Its youth or Its gaiety. The Now Year year Is sang as gladly and as gaily now as ever. Places that nre emptied by the hand of death are soon filled again , nnd the tide of human life moves on. The system of organization which brings people iuto help ful relations bears along the old and young. fiS "Tho hand that governs n people may bo stricken down in death , but the authority survives. The man who administers the government may fall , but the government re mains , if uot in ono form then In some other. "Tho same may bo said of spiritual or'ro- hgious teaching. The forms of worship may change , the sentiments nf the worshippers may lluctuate , but the Idea of worship nnd of nn all powerful Cod ! remain steadfast'in the human heart. Almost as much may bo claimed for the principles of Protestantism. For moro than JJOO years the Protestant church has existed without n hierarchy. There can bo but little doubt as to the per manency of the Protestant faith in the fu ture. "In ono form nnd another the Christian church has grown during the past 1,800years from n handful of Jewish peasantry to the chief moral force in the world , covering the earth with the blessings of charity mid the glimpses of solf-sacrlllco which brlnir bright ness and Joy to the thousands of hearts. "Tho family , the state , the church nro em bodied Ideas which purtnln to the race ns well as thu Individual and go on forever. The important part is the conceptions from which these institutions sprang , They nro the Ideas , convictions , apprehensions of duty nro the thrills of human lovo. On these foundations all abld- lug realities and all our venerable institu tions rest. While wo pass wo nro dealing with things that do not pass. Wo are learn ing something of the laws oj mind nnd ap prehending principles which reach out to the bounds of space and on to the end of timo. There are , therefore , human subjects of con- temp'ation ' that have about them n perma- iiciieo beyond that of the everlasting hills. "Tho years troop on atcr each other in quick succession , brim-Ing us full soon to the cud of our sojourn ; but all the while we are Interlaced with these far-reaching lines wuioli Join us to the past and to the future , so that wo not unnaturally come to feel that wo nro part and parcel of the Indestructible. We are berne along with it , wo take It into our thought , our mind and conscience are penetrated by it , built up of it. Who will fear for the hereafter , compauioned now by the immortals ! I..A.W9 . THE PUOPljC WANT. Some or the Causes or the Stringency In the Money market. To tlio Editor of TUB BIK : : In response to your request for suggestions 0.3 to what would bo to the interest of the whole people in the present session of the Nebraska legis lature , I would like to say that fi usury law , making usury a crime , Is impracticable nt tbls time in part , owing to the stringency In tbo money inarltet , and In part owing to vari ous other things. Better that wo farmers and small tradesmen as well as laborers suf- j for op-iressloa for a tlmo than to make a fool- Ish and useless rebellion at a time like this , njjainst extortionate rates of interest when the lender is so completely armed nnd so fully entrenched. Hut I Uilnk the chattel mortsrago law of this stnto could bear a little revision and still protect the louder. And now as to tills stringency in the money market In general , and in Nebraska In par ticular , have wo farmers not helped it along , and nro wo not responsible in n largo part for the high rates of intoresU I say wo are , and I will glvoyoumy reasons In a few words. O Wo nro too easily made victims to any travel ing money-getter. If wo would have loss dealings with strangers , especially where wo are iniulo promises of hiir gains or nothing to pay , and where our notes turn up In the nearest bank in the hands of innocent nartles , aud wo have tbem to pay , and got nothing in return if wo kept out of these things , there would bo fewer notes to sell ( nnd these kinds of notes are sold very low ) ; tboro would bo moro money for legitimate borrowers ; there would bo fewer borrowers , and consequently the rates of interest lower. D. II. HUE. By All Meiim Amend llio The following letter will bo of interest to the Editor of tbo DCS Molnes Register : Hununi.1 , , Nob. , Jan. 1. To the Kditor of TIIK BEK : i write in reponso to your invi tation to suggest subjects for legislation. I think the legislature should at once pass moro stringent usury lows , so that money cun begotten gotten easier. I am very much pinched for n llttlo ready money. Some notes have Just como duo that , I gave last spring in payment of a patent right on an improvement on bung holes which has not paid mo anything yet on account of the hard times nnd prohibition agi Id tation. I went to tbo bank to see If I could borrow the money , and the banker asked d per cent par month for It. I told him it was ugalnst the law to charge over 10 per cent. and that that was too high , and that 3 per cent was enough , hut ho said bo could got srd percent for all ho had on good security , and that when bo loaned to the alliance ho charged 1 per cent extra for risk and trouble on account of the usury law. So I had to pay U per cent , and even than could not gut the rdonoy until I got a signer with mo on the note , which caused mo u great deal of trouble , for ho was very particular , and might Imvo prevented mo from getting tbo money altogether if it bad not bean for a man who has just moved here who signed it with mo. We need n provision In the law tlmt will compel bank * to loan money alllio to all and prevent tliolr favoring the rich nt they now do iu making Icuns , and I think there should bo n provision to fine any banker who refuses to loan because there is only ono man on usa noto. Unless there are such provisions In the money law I don't ' see what good low rates of interest aim a stay law will do , for iho banks won't lot us have the manor. ELI Tbo Do Wolf Hopper opera company of slxty-flvo people arrived in tbo city yester day , coming from Kansas City In a special " ' ' - > v ' ' ' ' ' trainr"Tho'biisincss'of ' Castles''in 'the' Air " at tbo Glllls. Kunsixs City , was the lurcest in the history of the house , The principal mem- burs of the company , including Mr. Hopper and Manager Stevens , are stopping at the Mlllard. "Casttos in the Air' " ' will open" hon throu nights' engagement at Uoyd's ' toulght. Calculation on a 1'olato , Did you over calculate the vuluo of a single potato ou the basis that thatsin - K\o \ tuber was the only ono left In the ' world ? Tlmt ono would , of course , con tain within itself the possibility of re ' stocking the world with n valuablenrti de ot food. If ono potato would pro " duce , whe.n planted , but ton potatoes in ten years , tbo total product of that ono potato would be 10,000,000,000 , wlilcli : would stock tlio whole world with seed. ' If the world were reduced to one Hlnglo potato , it would bo bettor that Londoner or Chicago be blotted from tbo earth than for that ouo tuber to bo lost. FROM THE SME CAPITAL , Qovornor Thayer Urges , tbo Prosecution of the Voflango Supply Thtovos. DECISIONS BY THE SUPREME COURT , The Celebrated Caseof Slicllciibcr > * cr vs. ItniiRotn Decided In 1'avor of tlio Former Oilier .Lincoln News. LINCOLN , Neb. , Jnn. 4. [ Special Telegram to TIIR Den. ] Today Oovornor Thayer sent the following letter to the prosecuting attor ney of 1'crklns county at Grant , Nebraska , In regard to the nrroH of the follows who re cently stele supplies Intended for the suf ferers. Dear Sir ; Some days ago a car of coal donated for the use of the suffering people In Chase county , nnd forwarded free bv the B. & AI. railroad was broken opnn at Ycnango station , Just over the lluo In Perkins couutv , and coal stolen , although tbo agent did all m his power to protect the car and prevent the It is reported to mo that the mob was led by ono Honkins , a justice of the peace In that county. Tills Is an outrage that camiot bo permitted to pass unnoticed ; the theft would have been bad enough anyway , but to bo committed by n sworn olllror of ( Jhaso county , and one who had been selected to distribute' these supplies Is disgraceful. You will please institute criminal proceed ings as soon as practicable against the per- igagod In . tno . commission . of this crime. I am informed that the statlou agent can Identify and give tucir names. This outrage was not committed by citi zens of Perkins county , but by people of Chase county , just over tbo line in Perkins county. Very truly yours , Jou.x M. TiiAtnit , Governor. surunMR COUHT DECISIONS. Among tlio important opinion- which have been handed down by the supreme court are the following : Snellcnbcrgnr vs Hansom et nl. Error from Otoo county. Reversed , and dcdrco for plaintiff. Opinion oy Chief Justice Cobb. M. Shollenberger nnd J. L. Shcllonberjrcr , sister and brother , were , as tenants In com mon , possessed of nn ostalo which had de scended to them from their mother , L. Shel- leiiberger. Their father , for the purpose of possessing the share nnd Interest of the said AI. Slu-llenborgcr In her estate , will fully murdered her and afterwards executed and delivered a deed for tbo purpose of conveying the said share and interest to the defendants in error. In nn action between the said grantees and J. L. Shellenberger for tno partition and sale of said estate , held , that by the letter of the law , nnd leaving out of view tbo fact of tbo mur der of M. Shellenberger by L. ShMlonberger , upon her deiitul > without issuo. be would take her estate by inheritance. Where the deatli of M. Shellenberger was caused by L. Suellonborpor , and by willful murder , ho did not take her estate , which de scended to J. L. Shcllcnbergcr. I'lienlx insurance company of Br ooklyn , N Y. , vs Uohiuan. Error from Colfax co'untv. Afllrmed if aremittur of * J4U.ti5 bellied within thirty days. Opinion by Justice Norval. Makes it unlawful for a Justice of the peaeo , to purchase a judgment upon any doi'ket in his possession , and this prohibition applies to an interest in a judgment rendered for costs. State ex reL Bates vsTbaycr. Mandamus. Writ awarded. Opinion by Chief Justice Cobb. T. L. N. , district judge of the Sixth dis trict , whoso ofllcial terms would have ex pired January , 1892 , resigned December 12 , 18S9 , on which date the governor' appointed J. U. 6. to thn vacancy , who qualified nnd entered upon the oflicc. Tbo general election of 181)0 ) was the first general election held move than thirty days after the occurrence of such vacancy. Thirty dnys previous to the tlmo of holding snid election the governor Issued his proclamation under section 11 of chapter SO. compiled statutes , but inadvertently omitted to insert ana designate the ofllco of judge of the Sixth district as a vacancy to be llllcd at said elec tion. At least twenty days previous to the election tno county clerics of tbo respective counties of the district made out and delivered to the ofllcor or ottlcers provided by law for the counties respectively , notices of such election , duly posted up ton days prior to tbo election , which notices amongst the ofllccs to be illlcd con tained and designated that the judge of the Sixth judicial district to fill the vacancy. The whole number of votes cast wit.bln the district for any ofllco was 12,731 , of which 7)12 ( ) wcro cast for the rolnioramU.SIl for the incumbent , both being candidates for the ofllco atsnidelection. The votes socastwero. by the Judges of the election of the several townships , precincts and wards of the several counties of the district , duly returned to the county clot us within the time and In the manner provided by law , and were by the county clerks duly canvassed and abstracts thereof duly made on separate sheets and directed and forwarded to the secretary of state. The governor , secretary of state , auditor of public accounts , treasurer of state and attor ney general , having failed to meet as the state board of canvassers , nt the ofllco of the secretary of state on the third Monday after snid election , and canvass the votes so cast for Judge of the Sixth judicial district , and returned to thooftlcoof the secretary of state , upon an application for a writ of mandamus against tnem to compel the performance of such duty , held that tbo mandamus will Iio against , the gouernor to enforce tbo perform ance of a ministerial duty enjoined upon him by law. The appointment of J. II. S. as Judge of tlio Sixth district was temporary to termi - natoiipon the qualifications of a judge to bo elected to iill the vacancy occurring upon the resignation of T. L. N. The general election of 1800 was nn election at which a vacancy In the ofllco of district Judge occurring in IJecembcr , 1SS ! > , could be llllod , although the vacancy was then tem porarily lilled by appointment. The provision of law requiring the gov ernor thirty days previous to an election at which any state ofllccr Is to bo chosen to Issue his proclamation therefor Is directory merely. Under our constitution and laws the elec tive franchise Is vested In the electors , nnd Its exercise regulated by law. It Is not de - posited in the executive to bo doled out 9y proclamation. Rockwell vs. Blair sayings Dank , error Washington county. Reversed and remanded. Opinion by Justice Korvnl. 1.a Ityaa vs. Stowell. Krror from Dakota : county. Afllrinoi ) . Opinion by Justice Max well.Gale ti. Gale sulky-harrow company vs. Laughlln. Error from Cnss county. Reversed and i.o manded. Opinion by ( Jhicf Justice Cobb , o5' State vs. Armour. Exceptions from Doug las county. Exceptions sustained. Opinion by Chief Sustlco Cobb. The act entitled "An act defining the crime of larceny from the person and providing 10a penalty therefor , " approved March 15 , 10I I \V B not , nor was it intended to bo , an amend ment of section 114 or faction 119 of the crim inal code or.of any stable then In force. Its purpose was to define a new crime and pro vide u penalty therefor. H is not Inimical oto tbo provisions of section. . 11 , article 3 , of the : constitution of this state , iem Struuk vs. state ex re I , Lipp. Error from Pawueo county. Motion to quash bill of ex ceptions sustained. Qpinlon by Justice Maxwell. C3 Elwood vs. estate-of Mrirsh. Appeal from Webster county , Kovorsod nnd remanded with instructions. Opinion by Justice Nor val. val.Fonner Fonner vs. Smith. Error from Hamilton county , Afllrmed. Opinion by Justice Max . well. well.Grand Grand Island lmnllqg ; company vs. Shoe maker. Error from Hall county , Afllrmod. Opinion by Justice Maxwell. IUAME TUC IXJUIIED MAX. The Omaha & Republican Valley railroad company declines to piiy Charles A. Johnson the 10.000 damages ho asks for , on the ground of having boon struck by a "wild" engine September ! i" . The dufcnso of the company is that Johnson was a section boss In the em ploy of the road , and that It waa his duty to keep a lookout for all trains or locomotives * to protect tbo lives of the men under 111 in. pr.ciiBT.uir rruKAs. c" " ' * " " Purnos Secretary of the state board of ag riculture und Ell Drown of Grand Island , are preparing the exhibit of Nebraska products u the east wing of thr capttol bulldlii , no that It will bo ready for inspection by the time the legislature convenes. Mr. Pumas Ittl hero to also work for nil am-roprlatlon for the tmrptwo of making a creditable exhibit at the ! world's ' fair. Jiisoftnnii citiu.s , C. H. Paullck , a merchant tailor of Hast ings arrived in the city last night. In search of his IIfteon-ycar-old daughter , Annie Pau llck , who ran away from her homo yester day morning In company with another young girl named Annie Ingalls. Mr. Paullck called at police headquarters nnd nnrratod the facts In the case to the police. Ho stated that a Hiirltngton conductor and fireman had Induced thu irlils to forsake their homo and procured them transportation to Omaha. Sometime after the train left Mr. Pnullok re ceived intelligence of the girls' Illirht and Im mediately telegraphed to Oftteer Tom Engan to keep a lookout for them , When the train arrived here Kapnu made a search for tbo runaway girls , but could find no trace of them. Mr. Paullck sent a message to the Omaha police departnicut hist night , In structing the officers to keep n lookout for the girls. Mr. Paullck resided m Lincoln forilvo years prior to his removal to Hustings and has a largo acquaintance here. K. OK I. CONVENTION' . On February 12 tbo annual state conven tion of the Knights of Labor will convene In Lincoln , and some Interesting und Important business is to bo transacted. Some of the most distinguished chamulons of labor will bo 1 : present and deliver addresses , among whom will bo T. V. Powderly , J. K. Sov ereign , labor commissioner of Iowa , and Mor is L. Wheat , general worthy foreman. OHDKRED TO THE I'llZN'T. This afternoon nearly nil the militia com panies 1 in the stuto not already nt the front were ordered to leave nt once to protect the towns t near the seat of the Indian trouble. The following orders wcro Issued : FIIIST JJidUAiii : , N. N. G. , . .LINCOLNJan. . 4,1S91. Special Orders No. 0. To Colonel C. J. Ullls , commanding Second end regiment , Kairbury , Neb , : You will move the several companies of your command by I tlio earliest regular train , leaving thu com pany 1 stations tomorrow us follows : 1i Company C of Nebraska City to Gordon via 13. & M , railroad to Lincoln and via spe cial train Fremont , Elkborn & Missouri val ley 1 railrond trom Lincoln. Company D of Fall-bury to Crawford , via St. Joe & Grand Island railroad to Grand , Island nnd via 13 , & M. iv.llroud from G rand Island. Company I of Stromsburg via Kansas City & Omaha railroad to York and via 13. fc M. railroad from York. Company K of Scbuyler to Gordon via Union Pacillo railway to Fremont and via Fremont , Elkhorn & Missouri Valley rail road from Fremont. Transportation will be furnished at the stations. You will sco that tbo companies are provided with blaulcotSt warm clothing and three days rations. You will take command personally and report to tbo brigade commander at Kushvllle. By order of L. W. Coi.nv , Brigadier General , commanding First Briadc. CllAUI.lIS O. lUTI'S , Mujorund Assistant Ajutant General. Colonel Pratt , commanding First regiment , Bennett. Neb. : You will move the several companies of your command by the earliest , regular trains , leaving tlio company stations tomorrow as follows : Company 0 ot Beatrice to Uusbvillo. Company F. of Junlata to Crawiord. Company II of Nelson to Uush villo. Compa ny lot Bennett to Cody. By order of L.V. . OOMIT. Brigadier General commanding First Hog linen t. General Colby leaves for the front tomor row to take charge in person of the militia. Surgeon D. \Valdon was ordered to move with company C and report to General Colby at Uushvillo. Lieutonuut George Lyon was ordered to move with company II and report at Rush- villo. Cnptala J , S. Hodges to move with com pany D of the Second regiment and report at Rushville. All those ofllcers are on tbo brigadier gen- oral's staff. Major C. O. Bates , assistant adjutant general - oral , will leave tomorrow for the front. The following letters worosontout by Gov ernor Thnyer today : STATB OK NKIIIUHKA , Exncirnvr. 1 MUST , LINCOLN , Jan. ! . Secretary of War , Washington , D. C. : Settlers living in the vicinity of the Indian troubles have been driven into tlio towns along the Elkhorn vnl- loy road and need supplies. Will you direct the quartermaster at Pine Ridge to Issue ra tions to them for the time being } Also , will you please order arms and ammunition from Fort Hobhibon for tbo defenseless settlers < JOHN M. TIIAYKII , Governor. LINCOLN' , Neb. , Jan. 4. George Brooks , Crclghton , Aeb. : Please send fifty sacks of flour to RushviHo , same to Hay Springs ana same to Cimdron. Will pay you for these , ns you have already generously given 200 sacks for the destitute sufferers. Forward same immediately. Jens M. TIIAYKII , Governor. The following telegrams have been re ceived : PINK Rnioi : ( via Kushvillo ) , S. D. , Jan. 4. Governor of Nebraska , Lincoln , Neb. : I under.stnnd that there are some state troops nlonc the line of the railway prepared to ren der service If required. They would bo most elToctivo deployed along the line settlements near the northern boundary of Uawcs and Sheridan counties in small detachments of six or eight men at the ranches and isolated homes to plvo confidence and security. A few men at such places can protect property and lives of citizens and contend against any number of Indians that might attempt to raid settlements. There are always enough men in the towns to protect them If necessary. I can furnish ammunition , but not arms. , Mit-cs , Major General , Commanding. Conr , Nob. , Jan , 4. Hon. John M. Thayer , Governor : Could you give us a company of militia ? Wo are In moro danger than any place on the line. L. 13. Buiims. RfBiivii.i.r , Neb. , Jan. 4. Governor John M. Thayer : Chadron pleads for supplies for 200 , Hay Springs und Rushvillo the same. Can not Mrs. Luddcn send some forward ! G W. MVIITI * * . > * n , Nob. , Jan. H , Governor John M. Thnyer : Con you send ono company national guards to Georgia nnd Cody. Dan ger is imminent. J. WESLEY Tuci nu. L. D. BLMIUIS , Cody , Nob. Have already ordered one company to Cody. JOHN M. TiiATr.o. Gi-ouaE W. MAI-TIN , Rushvillo , Nob. Yes. Make arrangements for the troops. JOHN'M. T HATER. onns AXIJ VXDS. Owing to n slight misunderstanding between - tween the Union Pacific anrt Rook Island rail road companies the latter road failed to run trains into Lincoln today. Burglars broke Into the ofllco of the regis trar of the Wosloyau university and stele 'ticorgo Schorer and GusKclber , the butch ers at Twelfth nnd O , have fallen out. Schorer says that last night his partner helped himself to the fl-JO In the money ( 'rawer and then attempted to skip. Ho therefore caused ICciber's arrest. A ricasing SOUND of health and btrongth renewed and of ease and comfort follows the use of syrup of ilgs , as It acts in harmony with nature to eflcctu- ollv cleanse the system when costive or bil ious. For sale In 50c and $1.00 bottles by all leading druggists. A Silver , Notn Sinner. A California paper nnnouncos that "a lady who was to king in the choir of the Catholic cathedral of San Francisco on Now Your's day would bo well worth hearing , as she was ono of the greatest Blnuors'in the world. " In his nd'xt isguo the unfortunate editor explained that ho hud written "slnj-ors , ' ' and offered the moat profudo apologies for the mistake , which ho regretted the nioro because it vna the lady'u first appoarauco in their city. Mermaids and Mormnit. The clufjonfj , u. species of whiilo found abundantly in the waters of both thu grant oceans , hut especially oil the coast of Australia , In the Pud iio , is bollovod to Imvo fuftiibhcd the blonder busls upon which all mermaids und mormon stories Imvo boon founded. Its live-rape length in from elt'lit to twenty foot. It has a hotul much robombllnfj that of the hu- nmn species , nnd broiithos by moans of lungs. It foods upon Bubnmrhiobedsof Bcawoodn , mill when wounded makes iv nolso llko a mnd bull. Long liulr in the foiimlo upecios , and hair and board in the mala , adds to the human rosom- bianco of the head and nock. The of this apecios of whale Is used for food SANTA CLAUS SOAP ! There's ' banks of violets , Banks of Arjd bejjks wfyere njlrjers grope : , And bajjks trjat riddle golden coln BulFAIRBANK nnk THE BEST SOAP. 28 AND I'UKVKN'TS Colds , Sere Throat , Bronchitis , Rheumatism , Neuralgia Inllninnmtlonof tliolun < r , KUlnoj-.i nml ! IO"oH , 5ditlc.i : , Clillbl.ilns , Frost llltos , Toothache , IIo.vlo.oha Tains In tlio Hack , Chest ami I.lmb , niut all the usual The application of IIADWAY'S HKAI1V HHMl'K In tlio iinrH nnvoieil , will lii'tiinllr rcllnvo nnd eon euro the nullurur Jntorntillr 111 ilu-t'a of from tblrty turlTty ilr | M , In hnlfii ttimlili'r nf water. It will euro In n fiw nmiiHMit * . Crunp : , SII.IMIH , Simr HUimnrh , Colic. Flutulciu'o , Ilinrlhurii. Dlurrliuna. Sick HiMulachv , ftiuixen , VomltlnK. Colil CliIlK Nm'nuiiiH'i.i , MU-cpleH'iiUJi , niiJ all liHurn.il i > .iln . U ) cent" n liolilo.a l-'or nt IlruKKUU. JtAlWAV & ( Jo. , 32 W.irr on HL , ' " ' ' Macbeth's "pearltop' and " pearl glass" lamp-chimneys do not break from heat , not one in a hundred ; they break from accidents. They are made of clear glass as well as tough , as clear as crystal. They fit the lamps they are made for. Shape controls the draft ; they are shaped right. Draft con tributes to proper combustion ; that makes light ; they im prove the light of a lamp , But they cost a dealer three times as much as common chimneys , and , as they do not break , lie is apt to be anxious lest they stop his trade. Di minished sales and less profit are not agreeable to him. There are two sides to the question. Have a talkwith him. I'Htaburg. Gto. A. MACiirai & Co. MANHOOD RESTORED. "SANATIVO , " the V.'unUerful Spanleh Kumril-r , emus nil Nerumn Dloontee , oucli at Weal ; Memory - ory , I.OSB of Ilralu Power , lli'ndnch * . \Vnkcfn IHCHB , Loaf R * * i-i-v r , * 7-r-S' < i.4s MftliUooil , Nervous- Be/ore it. After Use. nces , Ijicsiiude , all r7iolOi | | ilicit trom Llfu. drains and IIIBS ol power of the Generative Ornftnc , In cither fei , cnnied by nvcr-txrrtlnn , youthful liidlt > crel'on ' > , o- ti ) ( cxcc lvu life of touncr.o .opium , or HtlinnlD.ita , \vblcti iiltlmtitfljr lend to Infirmity , Confiimptiou and Inpnnlty. Put nt > In convenlt-tit form to corrj In the veet packet. I'rlcc $1 a package , or C for 5 Sent by mall to any address. Uliculnr free. tlon thin impt-r. ArtdriB" taL'UlU CWK-llUI. CO. , ill Dearborn St. , CMcngo , 111. F01CHALK IN OMAHA , NM1. . 11V Knlm * Co. , Cor. ISth & Douutm Streets. J. A. Fuller & Co. , Cur. Htl , DuuithM Streets. A I ) . Koclcr < t Co. , Council Illuda. Iowa. and is said to have the flavor of bacon , mutton or beef , according to the purls of the body from which the meat is taken. TCSSLU WITH A TARPON. A "Silver Klnjr" Makes n Onino Fltfht I'cl'oro lining Taken. Tarpon fishing is at its height now on Indian river , Florida , writes a corre spondent of the St. I/ouis Glbo-Domo- crnt , and although there ; ire not many fishermen in this nock of the woods as yet , there nro a dozen or inoro who have been having jirimo sport the last month. A party of six wont out a few days ngo in three boats and returned with eight tarpon , the largest ol which weighed eighty-four pounds and was nearly six foot long. The fortunate taker of this big fish , a Mr. Wilson from Illinois , reports hav ing a big battle with the "silver king. " They were down about fivomilos from hero , and while in a Hhnllow portion of the river his hook was taken with a snap all at once that nearly drew the polo out of his hand. The moment tlio lisa foil the hook ho shot off with light ning speed for 100 yards or bo and then sprang into the air several times , shak ing his head angrily each time , trying to dislodge the hook. As it sprang into the air with the water falling from its Bllvor sides , it mndo n bountiful spcu- tnolo , and the fisherman looked on with glowing eyes at the magnificent sight. A do/.on other big tarpon broke water within n radius of a quarter of an aero , all seemingly confused by the frantic leaps and struggles of the ono caught. Wilson , it seems , know how t o handle his prey , and played him woll.j First the tarpon would dart toward the shore with Incredible swiftness,1 then start oil on a tangent , nnd then , doub ling on himself , would .strike directly for the boat , pausing underneath it , and jumping out of the water every now and then , vainly oniloavoring to got rid of the hook. Toward tlio last it became weakened , and after an hour's struggle , and when quite a way from the boat , it seemed to got ilesporuto. It turned rapidly all at once nnd beaded dlroctlv for the boat with such rapidity that it looked like a silver arrow cleaving the water. AH it npproachod within ton feet it darted out of the water and fairly leaped over the boat , pausing into the water live foot on the other side , giving the negro oars man a vicious bit witli bis tail as 11 passed him , but Its race was boon run. Wilson now rapidly recovered the loose line and wound him in toward the boat. The llali got mad at tills and came on with full speed , striking the boat heavily on the side , nnd then floated on top of the water , stunned by the blow , lie was n beauty , and tlio oarsman had all ho could do to got him into the boat. In his last attwilc thu fish hud started u board in thu sldo of tlio bout , through which the watnr began pouring , nnd the occupants had just time to polo into two foot of water when the boat settled under them. They escaped to the shore with nothing but a wetting , and Wilboii nays the fish and game light he made Kin * well worth the ducking. AMUSKMHNTS. Bti i TIiroe \ J 5-J Oomiuonoing - , JA.NUAU.V 4. A Great Attract lull. The De Wolf Hopper [ Opera BoufFe Co. | In llyrno , t Karker'n Clmnuliitf Gomlo Opera , CASTLES IN THE SIR The Mont I'lmerdil Conipnnr of Cuuicillans ID Aiuoilfii. SI'AHKMKd Mt'SK'l ' JNIKICKNT CAST I 1'rlroH n uaiiul. lloxthuoU oponl nt THE SYBILJOHNSTONE AS IZA- . I'rlues $1.00. 75o , Mo and l.r ! > o. EDElMUSEEL Will liiiwlor , Manager. Cor. llth and Farnam WKKK OK JANDAUV f.TH That Hln Ml-so.irl lilrl. ' , I'lolty iilu : Kwliiu 3 leot till , lt > ) t > nr ulU , iM-lK'13-V. ! | unu.d < . FUN IN A. G11OOKK.Y. A Bntlrlcil lilt of tlio ilny , IntioducliiK HID fminlcgt fipi'Clultlcs i > l llioduy. Fun , U It , .Murrliut'iil. We guarantee to cure any case of Syph ilis no matter of 'how long standing. And -we have the only rem edy that -will cure the disease. Yon have tried everything else and wasted your money , why not now try us. We guarantee to ciire or refund every dollar. When it is nec essary for patient to come here we agree to pay railroad fare both ways , all hotel bills and refund your mon ey if we do not cure you. Write for partic ulars ; do not be hum bugged any longer. We are financially re sponsible with $300- 000 capital. COOK REMEDY Co. , Omaha , Neb. , Rooms 39 & 40 , 13th and Dodge Sts. on. 1'rartlco Iliultivl to Dln'iuc'i of llio LUNGS Nervous System liii'liiriInK Nnmnlcla , rnmy ! li. Kl'lli'iuy ' , ' OilnlniMjr , Hjrituru Killot | > j , Cnnrul- cloin , riplnal Iriltti- tlon , lllidlnintlum , Chronic Aluoliolliiu , Nervous llo : lac'lp. | J Nf > miu l'r < trutl ( > n | consumption HIM ) ttllf tlUutikUxifltio IUIIKB ] Koom8l < l toSJU , BEE BUILDING , OMAHA. X. By the use of Pond's Extract Pain will disappear. Inflammations vanish , Horaorrhages cease. HE DID -HE DIDN'T ! I'l vrvfurtiueo both ioubt oar . ftdrlct. Wi > < Mirt' ' all WEAK. HEBSt * d DIBEA8EB OT MEM. | OUR HEW BOOK | Plplulnnnll. IU BilvlmU Vital. Frpnfor KmiMJ lime. Don't Trlllo wllta IU m e ! r.lllR Mt.I > . H AI. < < . . Iliitntli/f N. V. Don't full lo HEED OUR WORDS I.