j. r i tv Wfir THE OMAHA DAILY BEE : ffiuilSDAY , JANUARY 28 , 1892. SENSATIONAL LINCOLN CASE Chief of Police Dingos Accused by Gamblers - \ blors of Robbery , THEY THINK .HE GOT THEIR MONEY JixcUIng PCCIIC * of I.unt 1'nll Hrvltpil In AVhlrli thn city Oniccrsnml Constable * Narrowly l > cnpnl 11 llnttlo Other News > 'otrs. LINCOLN , Nob. , Jan. 27-lSpocInl to Tun Bnn.l The most sensational trial thai has taken place In Lincoln for many months oc curred today before County JUdge Lansing , the case bolnR that of the State against O. P. DliiKOs , chief of the Lincoln potlco. Mr. Dlngos wns nrronod last weeK upon war rant sworn out by Dentils Hammond , wtio charged him with the larceny of $35. The case Is ono of the number resulting from the famous raid upon the gnmblors last Septem ber. On the 10th of that month 'tho police , nctln ? under orders of Mnyor Wolr nnd Chief Oingos , raided the gumbllng dons of the city. Among the places visited was the resort known as the Ivy Ixxif. Hero Dennis Hammond and other gamblers were arrested nnd the implements of their "profession" confiscated. The gum blors rcplevlnod tbolr properly upon u writ Issued by Justice Foxworthy , but the ruluf refused to surrender It , Thereupon the con- slnblos undertook to break into the vnult where the property was stored. They were promptly arrested , but afterwards wcro ro- ioasod. Yesterday they brought nn notion against the chief for ranking an improper return - turn of the writ of habeas corpus sorvou upon him , but the case was dismissed. t'lilflf Dinars Arrimrcl of l.iircen.v. Dennis Hammond , ono of the gamblers , In n desire , as ho expressed it , to "get oven" last week had Chlof Dingos arrested on the charge of larceny. Ho founded his ctiarco upon the assertion thut In ono of the tables confiscated by the chief was $15 , which the cliiof hail tnlten out nnd appropriated to bis oWn use. The case was , sot for trial today and the county court room was crowded with interested spectator who hail gathered to hoar the testimony In what uromlscd to bo tbo mo-it sensational trial of the vcar. Ex-Pollco Sergeant Splaln , who partici pated in the ruld , testified that ho had boon Chlof Diiik'cs take the money from the drawer of the tabln and transfer It from his right hund to his loft.V. . B. Dalrd tostinod that ho had examined the drawer after it had boon taken to the police station but that It VIA * empty. Anson Fulllngton aworo thut ho hnd placed the $ { 5 In the drawer previous "to the raid nnd his testimony was corrobo rated by Hobort Rrackon. CIileT DlllRcV Ui'lVnttc. For the defense tbo first witness called was Captain Miller. Ho testified that ho was present when tbo ruid was made. Ho was positive that Chlof Dingos took nothing from the drawer of tbo table out n Colts revolver and some silver money. Ho helped to gather up tbo clilpsj etc. , and from where ho ntood would have noticed any bills In the drawer had there ' 00011 any there. From where Splaln and Yeomnus stood they could net have seen the contents of the drawer as well as he could. Onicor Malone's testimony fully cor roborated that of Captain Millar In every particular. Ex-Ofllcors HatlifTo ana Carter also tnstiaoct substantially to the same effect. It Was u Cnmploto Ilrfutiitlon , 'Chlof ' Dlnges took the stand In bis own defense. Ho denied emphatically that ho took the money. Ho disputed the testimony of Ycomans to tbo effect that ho had entered into any arrangement whereby the gamb lers wcro to bo permitted to run during fair week unmolested. His testimony was a complete refutation of tbo chances made against him. At the con clusion of his testimony the case was sub mitted to tlio ] Udgo without argument. Judge Lansing at once dismissed the case on the grounds that tnero had not been suf ficient evidence to mukn a case against the chief. Kxplmlos u Sensation. Byron C. Ycomans , a dotcctlvo formerly In the employ of the city , took the stand and at once exploded n sensation thut hud been unlocked for. Ho swore that previous to the raid Chlof Dingos bad informed him that ho had entered into an arrangement with the gamblers by which they wcro to bo per mitted to run their places undisturbed dur ing' fiiir week. In consideration for this len- lenov upon the part of tbo chief , ho ( the chief ) was to receive one-third of the proceeds. Ycomans testified further that Chief Dingos bad requested him to so to the gamblers and close the deal. Ho stctod that do called upon tbo gamblers as requested but was unable to tnako any such arrangements. On cross-oic- nmlnatlon Mr. Yeorauns admitted that he himself received f UK ) from the gamblers , but . thut It was for services which ho had ren dered for the fraternity bofora bo had boon employed as city detective. His testimony on this point was to the elToct that before he entered the service of the city ho baa boon employed by the uamblors at a salary of f51 par month. Ho had consulted with Chief linges and Mayor Wolf in regard to the pro priety of taking the money and they advised 111 in that it was all right. Ho was not pres ent at the raid. I'rriniiiK'iit Homo Doslrril. The ConKregatlonallsts of Nebraska arc looking foru permanent homo for Doano college - lego now located at Croto. At a mooting of the State association hold last fall at Fro- , inont It was decided that but ono college should bn maintained In the state. Donuo college wns founded at Crete over twenty years ngo , and until recently has enjoyed tbo united support of the church in this state. Gates college , tocaiod at Nelltjh , has boon trying for the pust few years to got recogni tion as a Congregational college. Gates has many frlouds In the northern part of the state , and nt the Fremont mooting made n hard but unsuccessful li ht to obtain recogni tion. The association passed a resolution that it would maintain but ono collage , and appointed a commission to look up the matter ( if relocation and report at a future meeting of Uio association. Tills commission met at the Congregational church at this place yesterday. The mem bers of the committee present wore Hov. Mr. Flndlay of .Weeping Water. Prof. Hort of Franklin , Rev. Mr , Powell of Cuadron.W. . II , Itusioll of Omaha , F. B. Knanp of Bor- trand and Rev. Mr. Cocbran of York. After perfecting the organization , the following resolution was unanimously adopted : Ik'Holveil , Tlmt n commlttoe of flvo bo up- pnIMtod to ruoulvo und report ut a future meeting proposed donations of oroporty for the location of u central college for the state , imdtlmtHuld committee also report at the mime tliim the amount of property hold by Douiio mill ( iatos collutioa tnutoiui bo trans ferred to n now locution : ulio that sumo com mlttuo reooivu proposals from both Crete and t olluli upun the aanio basis us from other plaoui. An inventory was recently made of tbo property now owned by Doano college at Crete , which amounted to HIM,000. Should ttm institution be taken away It would most lluoly retain Its present name of Doano and an academy started at Crete would bo called the Crete academy , Judga Field ana Mr. Hoggs took the committee out to ono of the suburbs of Lincoln to show them tome prop erty , and In case of a transfer of the college Lincoln will inftko a bard light to get it. Doth Crate and Nellgh have many mends who will work hard to have the college lo cated In tholr respective towns , but tluro Is danger of such a blttor fueling being on- gondorea between the rival,1 towns that a third city 1s liable to walls away with tbo plum. Ho\ % George Hludloy of Weeping Water Is tbo chairman of the committee ap pointed to rooolvo bidi from competing clilos. Delva A. Lockwood of Washington is In. ( be city. She criticises President Harrison's mossugo aud is strongly opposed to war with Chill. She will run for president if unani mously tendered tbo nomination by the equal uffrago party , Hold Attempt t lloliliery. A footpad made a bold and desperate at tempt to rob F. E. McLaucblln , a Wells- Fargo express messenger late lajt night. After tbo Hock Island passenger train bad arrived from Omaha , Mr , MeLaugbllu was ut work transferring express paukagoi from the platform to hU wucou when some un known man nipped up behind him In the darkneai and cut the ttrop attached to the leather pouch In which the valuable pack- arces are always plaoed. Tbo enterprising footpad hnd fallen to notice tbo fact that the pouch was held by a strong butllgai chain as welt as by a strap , consequently his offott was a failure and ho escaped In the darkness. In thn Pollen Court. George Miller nnd Frank Kelly were ar rested upon suspicion of bolng connected with some of the recent robberies. Kelly wns Identified as being the companion of the man who stole n tmlr of pants at his store. Kelly's oartnor was arrested this afternoon nnd gave his name as John Connor ) , Fngan , Cloughloy and Swnlley. the alleged saf blowers , will have tholr trial tomorrow. Three boys , ( Jcorgo Bluovolt , Harry Vick- crs nnd Joe Smock , were arrested this after noon charged with stealing a lot of candy from an Bast Lincoln store Monday night. Numm ly l > cnpril Dentil. F. II. Thompson of this city hnd a narrow escape from death at 4 o'clock this morning , nnd ns a result ho Is lying nt hl < room nt 030 P ntrcot with painful Injuries. Ho U a brakeman - man on a Burlington freight train , and while passing through Ashland this morning was knocked from the top of the cars by n pro jecting chute from the coal sheds. Ho struck tno frozen ground upon his head and was picked up unconscious. For n time It wns loured that his Injuries would result seri ously , but Inter examination gave his friends hopes for his speedy recovery. Ho sure to try the Qunil rolled oats utul take no other. SPRINTJNa FOR SPEARFISH. Two Itiillrnuil Ciimpunlns Htninlii ? Lines Through th lllurk Hills Country. Mr. A. K. Dale of Deadwood is in the city on business connected with mlnlnir Interests in the Black Hills , and brings Interesting news of railroad operations In that section. Ho reports two engineering corps out surveying routes between Deadwood and Spoarllsh , The alslnnco botwooa the places by stngo Is about sixtcon miles. It Is understood that the surveying parties are In the employ of tbo 1) . & M. nnd the Elkhorn , nnd It ( s buliovod In Deadwood that ouo or both lines will bo constructed the coming season. Spoarllsh is n likely town already , aud has a line water power which It couuts on to help make It a milling center after It gels railroad facilities , Mr. Dale reports work actively In progress In midwinter on the Dakota , Wyoming & Missouri Itlver ' railway. A line about thirty- live miles'Ion L' QJS been surveyed from Hapid City on the Elkhorn westward to Mystic on the Burlington. About twelve miles have boon graded , and It Is expected the road will bo in operation by August 1. Its promoters have just succeeded in float ing first mortgage bonds for $030,000 , which It is thought will leave a profit of f 150,000 on the construction. Hapld Cllv has also voted to bona for $100,000 , ostensibly for water works but really , it Is said , for the bbnollt of the railroad. A legal limita tion prevented tbo voting of bonds directly , but through the medium of William T. Coad , who Is president of the railroad nnd the rcprcsontatlvo of tbo water works com pany , It Is represented to Mr. Dale , that obstacle is to bo circumvented. The people who want the railroad very much , are not going to males a microscopical investigation ns to how much of their bonus is spent on the water works. Rapid City expects big things of the new road. Its business man complain that the Elkhorn railway has taken advantage of their helplessness and has not nlvon tbom conces sions they thought tboy wore entitled to. They count on tlio connection with the B. & M. to ylvo them the bonoUts of competition , and Mr. Dale found a strong sentiment In favorof pledging all business possible to the Burlington lo secure its favor. Hapid City also counts on the development of the rich.mining . district along the route. Tbo now smelter at that point will need 175 tons of ere u day to run it at full capacity , ft now has to look to Deadwood for its ere , butoxpocts the now railroad to open up another source of supply. The railroad from Hapid City eastward toward a connection with the Milwaukee nt Chamberlain on the Missouri river is at a stand still. It was backed by local capital , which wns exhausted after grading ton or twelve miles. An effort Is now bolng made to consolidate the enterprise with the com pany building west from Rapid City and to enlist eastern capital , but the outlook at present is uot very flattering. Union soup is made of wes torn .pro ducts try it. Suy Iln In I't-rsi-ciitoil. Gcrt McCoy called at this oftlco and com plained that the police are continually arrest ing him oa the oliorgo of vagrancy and hav ing no visible moans of support. ivlcCoy says that he is willing to work , but as soon as ho cots a job some member of the police force make a point of arresting him as bo conies from his work. His mother , Mr * . F. C. McCoy , so " vs that she Is able nnd wlll- ln ? to support" her son while ho Is out of work , but that she does not \vaut him driven out of tbo city. She assorts that if the malicious persecution ceases her son will bo able to obtain work. Over 3,000 merchants hamllo Union soap in the west. ( Juno After uu Oninlm Olfuutliir , Detective Haze loft for Lincoln yesterday to got requisition papers , and will pro ceed from there to St. Louis , where Julius Schlup , who is wanted hero for larceny as bailee and embezzlement. Is under arrest. Schlup secured possession uf a team of. horses valued at & 100 , on n house building deal , nnd Is alleged to have unlawfully con verted them to his own use. Van Houten's Cocoa The original , moit soluble. Union soup is Icing of soaps. Cerman Tlioatpr. Arrangements have been perfected for three performances by a prominent Gorman dramatic ; company at the Grand opera house on the ovonlnis of February 5 , 0 and 7. The company Is an excellent ono , consist- Inn of eighteen members , and will produce a number of loading German dramas. Gesalor'3 Maglo Headache Wafers cures al headaches iu 20 minutes. At all druggists. Union soap , tjunrantcod lo plouso. rjjHAO.v.ir. PMi.tatt.iPua. C. F. . Pratt of Hastings Is at the Paxtou. C. C. Morsoof Lincoln Is at the Murray. T. E. Farrcll of Hastings is at tlio Arcado. J. D. Draper of Marlon , la , , is at the Dol- lone , J. 13. Boone of Wood TUver , Nob. , Is nt the Paxton. U. A. Bush of Lincoln is rcclstorod at the Dellono. L. W. Walker of North Platte Is at the Millard. T. . K. Sodwiok of York is registered at tbo Millard. A. C. Rowoll of St. Paul , Nob. , Is at tbo Arcado. B J. Alien and wlfo of Lincoln are at the Arcade. H. M. Crane of Bloomlngton , Nob. , Is at the Area Jo. J. M. Cox of Hampton , Nob. , Is roglstorod at the ArCHdo. A. D. Sears of Grand Island is stopping at tbo Murray , J. E. West of Huslivlllo , Nob. , Is domiciled at the Paxton. Frank O. and J , B. Cullom of Beatrice are at tbo Dellono. H J. Fimner of Grand Island li stopping at thn Doltono. George E. Donlngton of Falls City , Neb. , U at the Millard. E. M. Cowull and wlfo of Hebron , Nob. , are at tbo Murray , Jacob Fisbor of Humphrey , Nob. , Is stop ping at the Arcade , W. H. H. HonebraUe of Lincoln Is regls torod at the Murray , J , M , Brett , a Mtookmaa of Wood River , Is stopping at the Paxton. Hon. James M. Wood , capitalist , politician , cattle king aud mayor of Hapid City. S.D. , is registered ut tbo Paxton. Miss Borlhu KoipoUlo.daugbterof a whole sale dry goods man of Quincy , III. , und uioco of Henry Oort r of Omaha , is visiting her uuclo nt the Paxtou. Mrs. Llbblo B , Hoolof the Home for the Friendless at Lincoln was in lLo city yester day und attended the meeting of the Ne- braika Homo for tno Agod. DR , CAPEN'S ' CASE IN COURT Quo Wnrranto to Oust Dr. Somers Com menced at Lincoln Yesterday , SLOCUM LAW HELD TO BE CONSTITUTIONAL llahom Corpus Asked by I.lquor Seller White of llmme County Drilled Validity of Hcmird County's Homls Other Supreme Court News , Lt.vcoi.x , Nob. , Jan. 27. ( Special to THE Bun. ] Dr. Clarke Uapon of Omaha proposes to settle the dispute between himself and the powers that bo In Omaha by an appeal to the supreme court. Yesterday his at torneys called upon Attorney General Hast ings and requested him to bring procoadlngs In quo warranto to oust , Dr. Soincrs from the ofllco of commissioner of health In the name of the state. This the attorney general de clined to do unless on indemnifying bond was put uu. Dr. Gapon's attorneys then withdrew their request. Today nn Informa tion In tbo nature of quo warranto proceed ings was filed with the clerk of the supreme court by Dr. Gapcn , who prosecutes the case in his own proper person. The petition , stripped of Its legal verbiage , sots forth that on April 23 , 1801 , Dr. Gapon was duly appointed commissioner of health for the city of Onnhn , as provided bv law , and his appointment wns confirmed by the coun cil. His term of ofllco was to continue two years. But on January 1(5 ( the defendant , Dr. A. B. Somors , did invndo the ofllco of relater - later nnd without warrant of law did usurp and assume the rlgbts and fuucttons of tbo ofllco of commissioner of Iro<h. Dr. Gnpon asks that Dr. Somers bo declared no ! entitled to the ofllco , but that bo fDr. Gapon ) bo vested with the rights nnd privileges bo is now deprived of. Liquor I.uw Coiutltutlmml. Among tbo important opinions is that of the application of D. A. white for a writ of habeas corpus , White alleged In bis petition that ho was being unlawfully hold a prisoner by Sheriff Ferris of Boone county , ha having been arrested upon tbo charge of unlawfully Keeping for sale malt and spirituous liquor ? . Ho applied for n writ of habeas corpus on several grounds , prominent among which wcro : That chapter xxxill of the laws of ISS'J under which hn was arrested is Uncon stitutional and void for tbo reasons that it is amendatory of chapter 1 of the compiled statutes of Nebraska and U not complete In itself and does not contain and does not roueal tbo said chanter 1 of tbo compiled statutes ; hocauso the said chapter xxxill of the laws of 18S9 amends section It of chanter 1 of the compiled statutes of NubrusKa and does not contain nor repeal said section so amended ; and because the subject of said chapter xxxiil Is not clearly expressed in its title. Thn supreme court denied the appli cation for a writ of habeas corpus , Chlof Justice Maxwell delivering the opinion to the following effect : The original Jurisdiction of the supreme court In habeas corpus proceedings Is con ferred on the court and not on thoJudges singly. There Is no authority , therefore , for iiJuUKO of the court alone to grantor hour a writer habeas corpus. HoconU. Ordinarily the proceedings should bo Instituted In the county where the unlaw ful restraint Is alleged to exist , and the pro ceedings ina > bo reviewed on error. Third. The compiled statutes huvliiR been published under authority of law. and biting supposed to contain all the laws In force ut the dutu of publication nmy bo amended by u proper reference thereto , and If the amenda tory act clo.irly points out the portion of , the statute amended , the objection thut the amendment Is of the compiled statutes will bo unavailing. Fourth. Undnr the title of "An act amenda tory of and supplemental to chapter 1 of1 the compiled statutes of lt-S\ entitled liquors , " udditlonal mutter germane to the purpose of chapter I may bo added , Finn. Tbo legislature has the right to ehooso the title of any act passed by 'It and although that chosen may not bo tlio most ap propriate , yet unless tno net l § not within the title , or contains two , or more subjects , or otherwise violates the constitution. It will not , be declared unconstitutional. Another Important , 'nse. ' A case of importance to every county In the stuto was handed down by the supreme court today. A brief history of tbo case is as follows : . One hundred thousand dollars of bonds were voted by Sowara county ID about 1874 10 aid In the building of the Midland Pacific railway. The bonds were refunded In 1884. The refunding bonds are now owned by tbo Board of Educational Lands and Funds. The state has $100,000 Invested iu them. In Juno , 1891 , Seward county ugain refunded the bonds. They wore refunded under chapter - tor xxlx , passion laws 1883. Section 2 of this chapter provides that the act shall apply to and incluao bonds that bavo been held to bo a valid and bind ing obligation against the county by a court of competent jurisdiction. This law bus never been construed by tbo court , and the state having $100,000 of , school funds Invested in tbo bonds , tbo attorney general advised the auditor of oublic accounts not to register the bonds and asked Sovard county to apply for a . peremptory writ , In order that tbo court of last resort would have to construe tbo law unuer which tbo bonds wcro rofuudea. If the court bold the re funding was properly done under the 18b3 act , It would remove all doubt as to the se curity of the Investment. If tbo court should bold tbo other way , the bonds tlio state board now bolds are regular and valid. Tbo original Issue of $100,000 in bonds are owned by the permanent school fund und draw U per cent Interest. The rolundlng bonds draw 4'- . ; per cent Interest. In the fall of 1890 , the board agreed with Seward county to take tbo refunding bonds , If properly issuod. Tuoro bolniraquostion of the legality of thoissuoand the furtnor fact that the permanent school fund would DO tbo iosor in the event these bonds should eventually bo declared Invalid , It. wa deemed prudout that all doubts bo llrst removed as to their validity. Today Chlof Justlco Maxwell placed a construction on the law and handed down the following opinion : In 1687 the Ipglsluturo passed "An uot to nuthorizojtlio Issue of county bonds In curtain cases. " This provided for Issuing refunding bonds to replace bonds Issued to railroad com- 11 inles or any work of Internal Improvement. This not was carried In the compiled statutes o ( IBM 1 us sections 11 , li ! and 13 , chapter vl. In 1883 the legislature passed un uctto author- Uo counties to Issue refunding bonds ut not to exceed 6 per cent Interest to replaoo ether bonds previously Issued by tbo county nnd then payable. Held , tlmt the net of IKS.I ap plied to all bonus previously Issued by u county nnd men payuulu. Second. Thu not of 18-CI Is u complete not , covering the whole of the mutter embraced In the uct of Kobruary 11) ) . 1B,7 , und repeals the llrht named uct by Implication. Third , In IMA , tno legislature pussca nn act amcndluK buctlons 11 , K and 13 , chapter Ixv ot tlio compiled statutes which hud boon ro- pouled by Implication hy the not of PWJ. Hold , that tlio umundulory uct ( ) ' . ' IMS wns Invalid. Fourth. Under the not of 1SS.I wlioru a county bus Issued refunding bonds , hoarlmr interoit at 6 percent , It way ufiursucb bonds are payable , Issuu other refunding .bonds ut u lower rate of Interest , us * Yt percent , to replace - place them. Two Oinuliit Case * . The opinion in tbo case of the Omaha Real Estate and Trust company against John A. Murpby , which came up on appeal from Douglas county , was delivered by Chlof Jui Uco Maxwell. The case grow out of a con tract for the sale of six lots in Saunders & Himelmugh's Highland Park addition. Mur pby and Peter Woodmunseo , who U also a party to the ault , agreed to pay t'JJO for ti3 | lots , $ ' , K ) of too amount to ba paid In caih and the balance iu monthly Installments of 25 oacb. Murpby and Woodmunsoo paid the cash agreed upon and ono Installment , but refused to pay more. Tbo trust company sued for thn balance and the defendants In their answer that the lots which the company agreed to sell thorn wore not tbo ones mentioned and described - scribed in the contract , Tbo case was tried before Judge Wakeley aud resulted In a vic tory for the defendants. Tbotuprcmo court afllrmod the decision of the district court , holding , In an action by a vendor of real estate to euforcotho contract for the suloof ourtuln lots thu defendants answered In siilmuncu that the aaont of tlie plalntlir In selling the taumu rvproKViitfd that they were hliih und dry and level , und tlmt they bud no knowledge as in the loouf.'oii of thu lots , und roiled In uuld representations , und the lota wore not hUh and dry and lovol. Imt. on the contrary , were situated In u low place Held , that us the te tliiuuy wu uonuiutliiir , nnd It did not ap pear thut the Judgment was clearly wrong , It would uot bu kot us do. Iu the case of 1 lay ward Bros , against lUmgo , from Douglas county , the Judgmuut of the lower court was ajllrmod , Justlco Nor- vol rendering the opmMh as follows : A tenant has no rlghtnft devote thn demised premise * to n business prohibited by the lo.isc , without thn consent or tnb owner. Gerund. When n tcirunt Is deprived of the use und enjoyment of .tho property by the nets nt thn landlord , thtt obllcntlon to pay rent ooascil to Imvo \ \ \ \ \ effect , the nets of the lessor In Interference with the IOSSCO'H posses sion must clearly snow that It wns thn Inten tion of the lessor tliat , Uio lessee should no lomrcr continue U ) hold tlio promises. A mere trespass by the landlord without any Inten tion of depriving the tenant of the enjoyment of the premises will not 'constitute nn evic tion , hi AnectliiK Pnblle Property. The case ot Toners ) ; against Dodge county Is something of n rocrilmr one. Louis Sponr was clerk of the district court of Dodge county and loft nlno books of the records ot the court in tbo court room nearly four weeks after the adjournment of court. The county had pro vided nn adequate fireproof vault for tbo preservation of sucl < books. The books were injured or destroyed hy tire whllo rcmtUnlr.e in the court room. Tbo county thereupon oxonndod $1,331 in the purchase of now books nnd transcriolng from these Injured by tiro. Hold , that the county was entitled to recover value ot such books and labor nnd that the questions wcro fairly submitted to the jury. Corpotatlou Property Cannot Ho Hold , The judgment of the dlstnct court for Dnwson county In the case of the Overtoil B rid no company against Moans was reversed nnd the case remanded with directions to enter n decree in accordance with the prayer of the petition. Justicd Post delivered the opinion ns follows ; Property of a public corporation , such us n lirld.o company , which Is essential to tuo ox- urclsooflts franchise and the illschurao of the ( littles It bus assumed toward thu general public cannot In the nbsonco ot statutory au thority bu solml nnd sold to satisfy nn ordi nary Judgment. The only remedy of cred itors In such cases Is to obtain the appoint ment of u receiver und : i sequestration of the company's earnings. ( jiieatluu of Jurisdiction. The judgment In the case of Courtney against Ncimoyer frorb Koarnov county wns alllrmod , Nelmoycr ifcCo. recovered n judg ment against Campbell nnd Glbbory upon n joint promissory note and caused nn execu tion to bo issued thereon which was levied by the sheriff on partnership property belong ing to Campbell nnd Glbbory. Soon afterwards and before a sale under the execution , Campbell & Glbborv as a 11 rm confessed judgment in fuvor of McPhoo- ley , who thereupon caused an execution to bo issued thereon , which was lovlod by a constnblo upon the same property as that previously levied upon by the sheriff , in nn action In equity by Nelmisyor& Co. , in which they alleged that the debt on which tholr judgment wns based was a firm debt of Campbell and Glbbory , the answer raised the same question , mid upon the Issues thus formed the court found in favor of Nolraoyor & Co. ; Hold , that the judgment was sup ported by the clear weight of evidence. Second. Where 'tho eoutt has jurisdiction ot the .subject matter and tbo parties , and the Issues are tried without objection , the court will not on its own motion raise objec tions to Its jurisdiction. Anv procorcan supply you with Quail rolled oats delicious for brciikfust. * JlU3l 'HUUXO AIIVVT US. XclhWu. The alliance Is to build a mill and elevator York. . at j ic. A man In Dix dropped 140 feat of plpo down a 240 foot well and lost it. The general store of , J , N. Poalor Callaway has been closed under n chattel mortgage. II. L. Lewis , who f&t boon the B. & M. niront at Friend , hos'boen transferred to Croto. ' -r The house of Widow Brown of Geneva was destroyed by Urc but the contents were saved. . „ The nubile schools qf.Humboldt have been closed because tbo teachers are all down with the grip. _ Tbo Osceoln GrancuArniy post has paid the last dollar of debt against tbo hall and tbo members are consequently happy. While ropairlngy.taji.wator tower at Fair mont , the workmen' foiiml a hive of. boos > < tvhlch had'Storoil up'noo'pounds'of ' honey- - It Is repotted that W. B. Roberts , formerly a respected citizen of Takatnab , has departed permanently , leaving his creditors in the lurch. Thomas Potitof.Crab Orchard whllo1 put ting a now wheel on a shaft had bis sleeve caught and be was wound up. His arm was broken in two places and badly crushed. Abraham Wnlltck , who recently died In Seward county.was a veteran of the Twenty- second Iowa Infantry and settled in Seward countv In 18GS. Ho bad thirteen children , twelve of whom are living. Tbo first ofllclai document sent to the Omaha Indians , dated in 1800 , was intro duced as testimony the other day In the Wnyno-Thurston county seat contest. It Is owned by the Winnobago fire chief. J. W. McMullin and M. Al. Itarnor , two ulllanco candidates at the last election In Buffalo county and who were defeated In a contest fur the ofllces of county clerk nnd sheriff , have appealed their cases to the district court. AlcMullin was defeated by four votes , nnd Harney tied with the republican lican candidate , but < was defeated by lot. Sheriff McGrow , the successful candidate , is verv ill and doubts'aro entertained of bis roeovery. lotrn. The Methodists of Nevada will build anew now church this year. Marsballtown ladies raised $ ' 235 for the poor by tbolr charity ball. From six to twelve car loads of grain are bclnc shipped from Manson every dav. Mrs. W. Byron Elliott of Grundy Center , sold } inr > worth of eggs from 100 hens last your , Jesse Davlsof Alexandria WAS found on the clo between that place and \Varsaw almost frozen to dcuth. George Brown , a young farmer of Cantor township , Sioux county , fell from a windmill tower and was .seriously injured. ' The town clock In Dubuque was seven minutes slow tbo other day , nnd dozens of people uilssod their trains because of it. Leonard Ryan , a Dubuque mouldor , baa his hand nnd arm so budly burned with molten Iron that the bones were exposed. There are 108 regular teachers in Davon- port's schools , of whom seventy-two uro graduates of the High pcuool in that city. Josopb Dow and Willis Downs lived oppo site each ether In tbo same street at Daven port. They were born on thu same day , died on tbo auruo day and were buried on tbo same day. day.Frank Frank Fetter narrowly osnaood death at Iroton. Ills band became caucbt in a bolt and bo was whirled arouna the shaft a num ber of times. Ills arm was broken in two placos. giiu A romantic Fort Dodge girl , 17 years of ago , pacltodhor satc LO and started for Chicago cage without the knowlckgo or consent of her parents At Boone the shorliT inter copied her course anto'sonl ' her homo. A Mlis Mitchell was1' ' just leaving a car at Clarlnda when a karosano lump exploded over her head setting flro to her hat'and clothing. The duncor/jus ( lames were ex tinguished with little damage to the young ' " J lady's parson. A brokeman fell froih a freight train near Wcsloy , and aftor'tho ontlro train had passed over his log * Jay upon tbo ground an hour , with the morfursv at 10 = below zero before bo was discovered. Both feel were frozen solid and hud to be amputated , A Sioux City correspondent of tbo Journal 1st has this to say 'tit'otto of the brighten young newspaper moll1 in tbo west : "The position of odltor-ln < cbkf ot the Journal , dur ing the absence la Washington of George D , Perkins as a member of coucress , is capably tiled by K P. Helzer , the paper's able editorial writer during tbo past eight yean. " Louis Roidsol , living near Cherokee , mot with a serious accident wbllo working around a power shelter. Ills coat sieve was caught by a knuckle of tbo tumblm rod and bis arm was wrapped around It and broken In a number of places. It was some time before the horse power could bo stopped , aad Reid , sol's body was whipped nealnit the ground In on unmerciful manner , The doctor who was called lo attend the Injured man sayi there u not a bone above the elbow to exceed two turtles In length but waot U broken , but bo u going to try and nave the arm. "Hill" Nye Early In March Edgar W. Nvo and N. P , Burbauk will bo In Omaha and give -ono of tholr peculiar entertainments for the benefit of the Press club. Moro details of the affair will bo unnounuod later on , UBO Union ooup. Udo Union soup. CHEAT UNREST IN BRAZIL Disoontant of the People Taken Advantage of by the Monarchists. ATTEMPTS TO STIR UP REVOLUTION Armed Hands or Itrputillrnns Try tn Sup press All llvldriuTSorSympntliy with the Old Itrglmo by llruto Terre , [ SiwMCorretimmttncciif the .lv cfnf ( < f li * . | Rio DE JASKIIIO , Doc. 1)0. ) Close obsorvn- tlon Indicates that the mass ot poopto ot Brazil are indifferent to any particular form of government. Thcro uro undoubtedly Bomoslncoro republicans nnd oirnost mon archists , but the two classes combined form a very small part of the total population. Tbo great danger to the republic , then , proceeds - coeds not so much from the strength of the monarchists ai from the woakaois ot iho re public Itself. Under ordinary circumstances the conservative feeling of thd pcoplo would compensate for the want of devotion to tbo republican cause , but at present this fooling is iu abo.vanco , bolng supplanted by a wide spread spirit of restlessness nnd discontent , which , having no particular object In view , may bo used for almost any purpose by nblo schemers who can succeed In conlrollng IU The overthrow of monarchy In November , ISbO , was iho result rather of this fueling than of any longing for republican Institu tions' . After November ' ) the agitation tn favor ot monarchy became quito active and It was rumored that on the 2nd lust. , the om- poror's birthday , a revolutionary movement would bo nltomptqd by the monarchists. Mutinous behavior oh ono of the war vessels In port and In the naval batallion , strengthened the belief In the report , nnd the troops were hold in readiness during tbo day , wbloh , however , passed off quietly. Tlitt Kntliusliism of thn Monarchists. The death of the emperor on the 5th , far from dazing tbo enthusiasm of the monarch ists , greatly contributes to Increase It. The pathotto circumstances under which It oc curred , and tbo extraordinary honors paid to his memory , appealed strongly to the Imag ination and caused monarcnial feelings , tem porarily at least , in many bosoms in which they had long lain dormant. This , together with the dlssontlons among republicans , 90IDO of whom are bitterly disappointed in tbo results thus far obtained from the repub lican government In Brazil , and the prevail ing linpres.iou that the present government is weak , encouraged tbo monarchists to tnako demonstrations , which have boon followed by counter domonstratlonsou tbo part ot the republicans. On tho'omporor's birthday , cries of "Long live the monarchy I" were frequently hoard. On the 17th n small steamer engaged In thn coast trade entered the harbor llylncr tbo imperial flag. Wbon this was perceived , a boat was sent out from ono of the ironclads to investigate the matter , and the captain of the steamer , on boini ; questioned , stated that at tbo last port at which ho baa touched bo had boon informed that monarchy was reestablished tablished In Brazil. Itetullntlon hy the Itopubllcnns. On the evening of tbo previous day , a band of armed republicans attiokod a small gath ering of monarchists , and after dispersing thorn proceeded to the ofllco ot the Journal do Brazil , which it caused to hoist the ropub- ioan llatr. On the morning of the ITtb , another band of armed republicans , composed , It Is said , principally of roughs headed by cadets from tbo military school , made on attack on the curbJtouo brokers and put them to Might , af terwards parading the streets in triumph with shouts of "Death to tbo monarchy"aud "Long llvo the republic. " Republican meetings wore hold and pro tests were made against the monarchical demonstrations , and against the ofllclai hon ors paid to tbo emperor's memory bv the French government at his funeral in Paris , and deputations wcro unpointed to cull on President Florlano Poixoto to ask him to take vigorous measures against the enemies of tbo republic. Trying to Maintain Order , Tbo officers of the garrison have passed resolutions promising to maintain order and to uphold republican institutions , and their example has boon followed by the ofllccrs of troops stationed In other parts of tbo coun try. Tbo chief of police Iu this city has Is sued orders prohibiting assemblages in iho streets. These republican demonstrations have ef fectually cowed tbo monarchists , ut least for the present. Tno editor In chief of the Bra zil , after a long interview with the minister of Justlco , decided to discontinue tbo publica tion of bis paper , fearing that his ofllco might bo destroyed by a republican mob , Tbo government , It Is true , has declared that it will cause the liberty of tbo press to bo respected , but while many persons are con vinced oftbo good intentions of the govern ment , no one , in view of the number of prlnt- ingoWces that have been destroyed , believes in Its ability to uoop its promise. Dr. Aristidos Lobo , who represents this city in couci'oss. say * that the republics of America should form an alliance against mo narchical Europe. Cough Following the ( irlp. Many prsons , who have recovered from la grippn , uro now troubled with a persistent cou li. Chamberlain's Cough Remedy will promptly loosen this cough and relieve tbo lungs , effecting a permanent euro in a very short timo. 23 and 50 cent bottles for sale by dru gists. FILLMOBE COUNTY CANDIDATES. What a Geneva Mini Hun to Sny About Two Possibilities. Mr. V. C. Shlckloy of Geneva wis at the Puxton yesterday. Ho is not down on the list of political wheolhorses , but bo knows a few things Just the samo. "My frlond Peter Younger , Jr. , of 'Geneva has not fully made up his mind yet about seeking the nomination for state treasurer on the republican ticket , " said Mr. Shlckloy yesterday to a BBK reporter. "Ho is just In this frame ot mind : -It ho sees that the ma jority of tbo party loaders can unlto upon him as an available candidate bo will bo willing to enter the raco. But ho will uot enter into a personal scramble and oontost for the. nomination. Mr. Younger Is a very capable man and would inako a strong candidate. " ' Is there nnv congressional talk iu tbo Fcurth district ! " "Not much as yot. I bavo hoard ono demo- crat-allianco candidate spokou of In that con nection , and if ho should bo nominated ho would bo a dllllcult man to defeat , 1 refer to Richard Dobsnn of Fillmore county. Ho Is n farmer and has u way of getting hold of people that seams to win him a great many friends. " Called back to health every tired , ailing nervous - vous woman. The .medlclno to bring her back la Dr. I'iorco'g Favorite Prescription. If Bho'a weak , rundown - down , and overworked - worked , that builds her up ; if she Buffers from any of the distressing derangements and discauoti that , fillet her ser , it corrects and cures. It's an invigorating , restorative tonic , a teething and strengthening nervine , and the only guaranteed remedy for the ills and all- mctita that beret a woman. It regulates and promotes all the proper functions , improved digestion , enriches the blood , dLs | > eUi ucbuu mul pains , brings refreshing Bleep , and re stores health and gtrongth. All "female complainU" and weaknesses are positively and permanently cured with the " Favorite Prescription. " It's the only tnedlcino for them that cuu be , and is , yutir- anteetl. If It doesn't lioncllt or cure , in every case , you have your money buck. Something else may bn better for tbo dealer to tell but think for youn > elf whether It can bo " juit aa good " for you to buy. tutus Ilett Cough tijrrup. Tuto * In time. Sola br dri MP-TION AFTER THE GRIPPE , Tlio Grlppo Itoipnitfttblo n > r Moro Months after Hrcovery than During Its Course. How to Avoid thn Dim * Grippe. In Itself. Ishiul enough , dohtlltfttlng ononph , lut It Is the RftorolTccU , tlio slownr of recovery thntRlvo It Its Rront dtinger. In most o se , tlio person did not luiro nnfllclriit vitality lo rally after tlio disease Itself hnd passed , Tlioforcosof nature were too weak to contend wltli the dobllllr which the llrlnpa had left. It Is sad to think how ninny people hive died who. might hire hpon saved It nnttiro hnd been properly assisted uiul fortified nftcr the Grippe hnd boon driven from the rystom Muny plijslolans roullrod this fact , und as sisted tholr patients over the danunrous nfior olfocts hy hraelng up mid stimulating tholr systems , This was. and can ho done In hut otio war , nnd that Is by the steady nnil n oil- cratohsojf sonic pure yet powerful stimu lant. Thcro Is but ono absolutely mire and medicinal .stlmuliuit known to the urofoislon and to the public , and Hint In Duffy 'B I'uro M lt Whlskoy. The most prominent scientists and physlclunsof the land ondorin Its purity nnd value. It Is not a now whiskey , it has been before the ptihllo for yo.irs. It lit not a I'hoap decoction , but n pure distillation. H Impirts n tone to the system posilblo In no other manner and semis the blood courting through the voltts with renewed visor. It Is superior In every respect und however much any unscrupulous drtiKKlsl or Rroor limy seek to lead you to bollevo to the contrary do not bo deceived. NO OTIIISTB LEAVES A DELICATE AND LABTTNO ODOR ForsatabrallDruKand FancrOootls r > p lors or II Urmblo to procure this wonderful ia t > sondBKc In Btamps and rocclvo a rake by return mull. JAS. S. KIRK & CO. , Chicago. RPECIAI.-ShHnrton Holld Wi > ; u ( tbo populnf Society Walti ) nentKllEK to anyone landtag u > nroo wtlppor * of. Shannon liaila Soau. TAKE APE LL. . Hobb's Are the Best on Earth. Act gently yet prompt ' ly on tbo UVKII , KID- DR , HOBB'S NETS anil DOWELS , dis pelling Headaches , Fov- rra and Colda , thorough LITTLE ly cleansing the system of disease , and cures Vegetable habitual constipation. They nro sugar coated , do not gripe , very small , easy to take , and partly TCRetablo.-ISplllslneach vial. Perfect digestion follows their use , They abiohitolr euro lick head , ache , and nro recommend ed br leading physician * . For sale l > y loading druggists or Rent by mail ; 25 cti. a t l l. Address HOBB'S ' MEDICINE CO. , Ptopi , San Fianciico or Chiaga OIl SALE IK OMAHA. . NEB. , BY Kuhn & Co. , Co.r 15th A IOURU > 8t * . J .A. Fuller & Co. , Car. 14th & DouRlaifiU. AU Foster & Co. . Council Dlufli , la. nil E. O. WEST 8 NEItVK AND TWAIN TIIKAT- MKNT , a upeclllc for llraterln , llltilnusi , Fill , Null- rlKla , lloiulivrho. Nervous 1'rostratlon cuusod by ul- coliol or tobacco , Wnkofulneja. Mental Doprotslon , SoftonlnK of tlio Drain , cnnilng Inssnltjr , mtaorjr , dccnr , ( loath , 1'rcinnturo Old Aice , llnrronnosn. Lo uf Power In uUlieraex , Impotency , Loiicorrlioon anil nil Fumalo Wo.ikne soi , Involuntary l.oues , Hpor- matorrhooa caused by over-oxortlon ( if the brntn , 8oir-ulUBOovcr-liKlultfencn. A month's treatment II , i ; for 15. by mail.Vo ( iimrjntco nix hniea to euro. Knvti urdor for ( i boxes , wlthf3 will Bend irrlt- tcn Ktiarnntee to refund If not cured , r.unr.ntitce.i leaned only hy A. Bchrntcr , IJruKglst , "olo anent ) , S. I ! , cor. Ilith nnd I'arnam aU. , Oninlm , N'cb. IPIJkllr CURE A new nnd Complete ) Treatment , consisting of Suppoaltorlca , Olntmnnt in CnpaulcR * alao in ilex and IMIls ; n 1'oslllve. Curu tut Kxtornal , Internal , HMml or llleodlnic ItclilnR , Chronlo , Itccont or Hereditary Piles. Thin llcinody Ims never boon known to fall , ( I iierbox , U for (3 ; sent by mall. Why Buffer from this terrible dlsea o.wben a writ ten guarantee la poMtlvoly Klvon with I ) boxes , to refund the money If not curud. Bend stump for free. Hnmplo. ( iuarantuo Issued by ICulm & Co. , Urucglita. Sole. Agents , cornnr 15th and Douglas trceia , Omaha , Nub , INSTANT RELIEF. 1'lnalcure PILES iu ludaya , ana never returns. No PIpiirffo.noDalvo.noBunpoiitory.Suf ferers will I e rn of a simple remedy Vree. by ad- dreuiccTUTTLK A UO. ,78 Nasuu Ht..N. Y. Oily. * It Is not to medals , badaes or the Insifjnla of royal , ea. DRS. BETTS & BETTS \ Owethelrwonderfulper- / noiial and professional - al popularlty.They . won their npn- ' ors by , their merits. In the BClentlllo treatment and success ful cure ot over 80.00O cases ol those NERVOUS , CHRONIC ANP PRIVATE DISEASES which are BO lor- mldablo to the medical profes sion In fjenoral , DRS. BETTS & BETTS bavo proven that they possess extraordinary ability and skill. \ vatoDlseasea as well as Btrtc- ture , Hydrocele , Varlcocela and Rectal troubles , their buccess has been truly marvelous. Therefore , they are entitled to wear the emblems of tbo high' oat honors , for thesu they have richly won by their own off orta Bend 4o for their new book of 12O panes. Consultation la also free. Call upon or address with stamp. _ _ _ _ _ DRS , BETTS & BETTS 1198. 14thSt. N. K , Coiner Douglas St. , Omaha , Neb. FOUND AT LAST. Alt'T Years of Unsucoissful Search for a Cure , Martin > nd rsou Qota HoHoffrom the ChlnoHO Doctor A Voluntary Testimonial menial OMAHA , Nob. . .Tttti. 18,1802. To whom It Mtvy Concern : This is to certify tlmt I hnvo boon n constant sttlToror for ninny ycnra with catarrh , astlnnn. nntl bronchial nlTou- tion * of thn throat , and tried all tlio Dtitont motliuinoB nntl roinodlos 1 over heard of , but with no success. 1 ticatcd with doctors in various parts of the country , but no no ot thorn could do mo any good further than trlvln mo short temporary relief. I biiltorod Highland day. and continued to prow worse not withstanding all the medicine I had taken. 1 had almost trivun up my case as hopeless when I was informed by u friend of Dr. C. Gee Wo , the Chinese doctor , and advised to go anil BOO him in the hope of getting relief tit least , if not a pormationt cure for my trouble. I was slow in malclnjr up my mind to make such a radical change in my treatment , as I know a trial with the Chinese decor - or would bring me , but I finally con- hided to give him a trial , BO I called at hisoHico with that intention. 1 found the doctor a clover , entertaining gentle man , thoroughly posted on my condi tion , nnd It took only a very short time to convince mo that ho was the parly I was so long in search of. Ho told mo my case was curable , and that ho could cure mo , and prepared mo a special treatment to suit my condition , and in two weeks I was o much better thut T had the ftillrst confidence In the doctor's ability and committed my case to his treatment I continued to grow bettor rapidly and am now entirely well. I owe my euro to Dr. C. Goo Wo , and am not ashamed to admit it. I advise all who want relief from tholr troubles to call on Dr. C. Gco Wo. and they will bo cured. For all particulars apply or write to MAKTIN L. ANDKHSO.V. aiSU Ginning St. , Omaha , Nob. r > R. C. GKE WO , Hogularcrnduutnot Oliliu'su modiolno , olihl years'study , ton yours' practice , fronts suc cessfully ail discuses known to MilTorlni ; hu manity. Hootfl , plantH And herbs nuturo'nromodlos bis mudlclncH the world hN witness ; l.uuu tos- tlmonln'a. C-'all nnd BCO him. Consultation free. Has also constantly on hand romodlcs for the. following diseases roudy prepared : Asthma , Camrrh , Klieiimatlsin , Indigestion , Lost Manhood. Fumalo Weakness. Hick Mund- nchc , lilobd Purlllnr. und Kldn y und Liver , I'l-loo , ono dollar per bottle or six for llvo del lars. Those who cannot cull , unclose " -cent stump for question list und full particulars. C mce , Cor. 10th and California Sts. , Omnha. AMUSEMENTS. NOW A SEASON OK Seventeenth und ( Inrnuy Streets. Thursday , Friilay , Sal , Jan , 28-29-30 Saturday Matinee. Engagement of the Comedian and Company of IMuyprsIn tlio rollonlntf Itoportolra WW ? , I SHE STOOPSto CONQUER KvonliiKO , I Mr. Ilnbnun usTony Ijiimkln. 8'tnrtw " . . , . . I THE HENRIETTA Mr. ItubBon n Dcrtla the Lamb. I'rlces-I'arquHt , fl.50 : imrquol circle , tl.UO and II.IU : balcony , 7.'x ) ttml II.00 ; gollary , 23o. ilex slicots open \VoilneitIny morning. FARNAM STREET THEATRE , . Throe Night' , CoinmonoliiK Thursday , .Ian. ; . TIIK GUKAT ftilMTAUY l \ \ . A FAIR I'annlo Clalrotlo Gillette Moiitulth us , Kdward K , Muwson UK REBEL. . * Col , K/.r.i Mason. MAT INK 13 SATUUDAY. NOW I TIIII IIANLDXo Theater ! . AOA1N- cvontcuiith mm llurney Tliroo NifjlilH Only , Moiulny , I'Vhrti ' > ry 1. MATINER All Entirely New Kdltlnn of SUPERBA , Greatest Triumph of tbo World KUIIIOIH MANLvON BROTHERS. lllgiror. Grander , I'linnnlur Tliiin Hvcr. Mot Klaboralo Transformation Hetmu ICvur Dovlsrd. Halo opens Saturday morning. Taunt prices. FARNAM STREET THEATER. Ono Solid \V ok , Conimoiioliiu Humlny niatinnc , Junu.ir ' , ' Stl. < TOE MIDNIGHT AIM ygtireai Wednesday and EaturJay. 1HDB.N MUS1HE. WeoU of January anil. lUtulned by request of our patrons , G.ilutoa Sybil. C'hlcavoO.iurih Choir Cnmedy Concert t/'o. Tliu KdneutcU I'lKund Hmltli Si Fuller and Natalie. Uiiodlino ) no more , Sore Throat Lameness Sore Ey < Sorem Piles Female Complaints Rheumatism AND ALL Inflammation EcfcJ only la our own tol'Ui. AU aVuggUU , POND'S ' EXTRACT CO,765thAvcuN , &