THE OMAHA DAILY BEE : JiuDAY APRIL 8 , 1892
JOT FOR HOME INDUSTRIES
Oo&gr&seraan MeXeighan Determined to
Oppose the Sugar Beet Bounty.
NEBRASKA'S POSITION NOT CONSIDERED
Kll < Conntlturnt * On Not Influence Him In
a Mnttrr Which He ronrt-den to lie
ol I'urcljLoral Advantage
to the ttrst.
BrnEAt ; or THE BSE ,
618 FOCHTFEXTH STHGCT , }
WisniNOTov , D. C. , April IT. J
It was stated today that already Represen
tative McKcighan nas hearing from his con
stituents upon the subject of Us Urifl speech
in the house yesterday , wherein he defied
the wishes of those of bis sugar beet pro
ducers Wio had asked him not to press his
proposition to repeal the s-jgnr bounty fea
ture of tLo McKinley tariff bill and mane
ucar absolutely free , Mr McKeighan re-
Tuxes , however , to be Intiuancod in that re
spect by any ot hit constituents. Ho says
be will not support a sugar bounty tu tbo in
terest of his constituents or anybody ol o ,
und no amount of threats fron :
D et growers or sugar manufacturer *
will turn him from his position.
In short , Mr. McKelgnan doe % not propose
to represent tbo specific interests of Ne
braska or anybody in it. He fools that ho
owes a duty to tbe country at larre first , and
that the country is opposed to any encourage-
-tnent n taatover to the beet sugar industrv.
Thus the representative of tbf old Second
district of Nebraska has grown in his views ,
and thus he becomes a representative at
large for the United Stales per so instead of
the humble state in which bo resides.
Slllrncr for Un eateil 'i
A very unusual bill has Just been reported
favorably to the senate from the committee
'on ' claims by Senator Vllos , and boars the en
dorsement of at least a majority of that body
It is to pay the mileage of on unseated mem
ber of a territorial legislature. It probably
bas no parallel and is thus interesting for
rjuoro reasons than ono. William H. Hbott
, nnd George M. Shearer wore candidates lor
the county of Idaho , in the then territory of
.Idaho , for represontatlvo to the legislature at
the election held in November , 1S74 , and the
canvassing board gave Shearer the certificate
Tbo legislature assembled on tbo 7th of
December. 1SS4 , and the claimant re-con
tested the seat succesifuliy , so that on tbe
ICth of December , the tenth day of tbo ses-
, _ ion. be was seated in place of Shearer. The
bouse of representatives , however , by a resolution
elution passed on that dav. declared Shearer
entitled to the mileage and ten days' per
diem allowed by law , and the territorial sec
retary paid such mileage and per diem to
Sbearcr accordingly and ithheld the amount
from the claimant HhetL
Theory of the Subject Explained.
Tno senate committee through Mr. Vilas ,
In reporting the bill , says "Not only ac-
oordinc to the general usage of legislative
bodies in uch cases , but according to tbe in-
utruction to territorial secretaries by the
Treasury department Mr Hheltvas entitled
to tbo per diem from tbe beginning of the
session and to his mileage , as was also Mr.
Snearer to what ho received. The territorial
secretary made the mistake of supposinc
that he could not pay two for the same ser
vice. "
A letter from the first comptroller of the
treasury addressed to the sub-committee
\rho bad tne bill particularly under consid
eration , shows the facts of the cose to bo
that bo w as clearly entitled to the sum of
F-'SS , the same amount which was paid to
Shearer , being 522S for mileage and fGO for
per diem. According to tna circular letter
of instructions to territorial sfecretaries is
sued Iroa the first comptroller's office and
accompanying the first comptroller's letter.
Heir Prohibition Prohibit * .
Mr. B. F. Tllllnghast , editor of the
Davenport flowa ) Democrat , now here ,
ays : "Prohibition will D-S Just as much an
issue as ever in Iowa , because tbe legislature
has made it so by refusing to take action
Prohibition U a failure in Iowa. In Daven
port thcra are 250 saloons open , and in Du-
Duquc , Burlington and Dei Motiics saloons
, re running all the time. Most of them in
Des Moines are run as blind tigers , but it is
no trouble to get a drink The silver ques
tion and tbe tariff will be the other issue.
Tbe state will be for Boies first and Cleve
land second for president. They are opposed
to Hill. If Hill should be nominated the
state would go republican by 30,000. "
Mlsrellanoout.
Senator Paddock today recommended the
appointment of Joseph W Beiaer as post-
tn&ster at Eagle , Neb
In answer to aJetter from W S. Waters ,
cashier of tbe American Exchange bank of
Elmwood , Net > . , making inquiry for a patron
of his bank and heir to a suppo'sed estate in
Germany , Senator Paddock has just re
ceived a communication from the secretary
of state , in which he says that all letters of
this character are answered by circular let
ter issued by the Department of Stute , which
ihe encloses. It Is not probable that this
claim will be allowed
Colonel Guy V Henry garrison No. 43.
Regular Army and Navy union , District ot
Columbia , gave its first military hop at
Grand Army boll last evening. It was well
attended and netted a considerable sum for
the garrison. The arrangements reflected
treat credit upon the management. The hop
was given under tno auspices of noncommis
sioned ofilcers of the company of the gallant
Ninth cavalry , stationed at Fort Meyer , Va.
Mrs. Bryan , wife of tbo representative of
tbo First district , leaves for her home at
Lincoln on next Sunday.
In the cose of Mary C. Wilson , Wallace B.
Gillette , transferee , from Cbadron , Assistant
Secretnrv Cnaudler today affirmed tne de
cision of the commissioner , holding her pre
emption cosh octrv for cancellation.
'
P. S. H.
: CVUUT.
Xrore dliic * Und Before Nebraska's Highest
Tribunal YeMi'rdny.
LINCOLN , Neb. , April ? . | Sp cial to TUB
Bee. ] In the supreme court today the fol
lowing proceedings were nad :
Tbo following penUemcn were admitted to
practioo : C. H. Aldrich , esq. , of Butler
county , L. S. Hastlncs , esq. , ol Butler
county ; J. L. Roberson , esq , of ttarlan
county.
Stale vs Kloman , motion for leave to re
plevin property , overruled ; G tlio * pie vs
Cooper , motion for leave to amend pleadings
to conform witn proof , stistained ; Hall vs
Pierce , dismissed unless plaintiff corves nnd
"files briefs in ten days ; Miller vs Errickson ,
aismissod , State ex rel School District No. 1 ,
Hitcbcoclc county , vs Cornutt , dismissed ,
Zonr v * Miller , dismissed , unless plaintiff
scrvs end files briefs in ten days ,
Tbe following causes were continued
Solomon \ s lloynolds , McKnight vs Tborap-
on , Ward vs Urmson , Skinner vs Commer
cial and Savings hank.
The following causes were argued and sub
nutted ; Woods vs West , llobertson vs Kel-
ter , Ecclcclon vs Pollock , Boyd vs Pumas ,
Suiltusou vs Smitbton.
.MoCaguo v Grueter. Appeal from Douc-
lu county. Reversed. Court adjourned to
Tuesday , April 12 , 1S92 , at S ) o'clock a. m. ,
when tb causes from the Fiftsentn district ,
Including tbe counties of Holt , I lock , Brown
Keya i'aha , Cherry , Sheridan , Dawes ,
Siouz , Box Butta and Boyd , and the foot ol
the docket will be called.
Tbe following cases were decided :
Atwoot ) vs Atwater. Error from Saline
eountr. Judgment of the district court re-
Yersod and tbe prisoner discharged. Opinion
hy Mr. Chief Justice MuwelL
While In s > civil action tbe failure of the
Court to Und the facts ujitm which tbe Jtidr-
loeut Is predicated is cruuiiJ of error , but
< Joe not render the judcmcot rold. jot in a
criminal prosecution where the accused hss
pleaded "not culltr" tbure tuust lie a dndlng
or verdict of cuilty to sustain a t.enteoco.
euoh finding wtiou made bjr a mueistr :
need not necessarily be formal , but must Iu
Some way show cause for the seatence.
l-rror will He on the part of tbe ktaWtoio-
Tf r a an order diseharstnc a rrlso&or after
Cotnlctlon.
Broun vs. State. Error from Douglas
county. Affirmed. Opinion by Mr. Justice
Post.
By the provisions of chapter IU laws of 1537 ,
section JUJ.T , criminal code , larceny from tbo
jx'i-ion Is u indepundeot n.b tkutlvu crime
and Is a felony without retard to tbe * alueol
the property stolen
In a prosecution for robbrry when U > ev1
deiica tends to sro e I recur trow Ihe perw > n
on y and there Is 110 etldeuc * or oooucuun
on the part of the uncased hst tbe property |
nnuestlnn wn stolen ntberwl e tlmn from ,
the pnrnon of the party named In tbe informs-
tton. It Is not error to in trnct the Jury that
bey cannot rontlct of petit larceny.
Harrison v * Stipes Krror from Sirpy
cetinty. Affirmed. Opinton by Mr. Justice
Narral.
Hrtlowinc Lntntnprs vs NM en 4 Nebraska ,
m. nnd ItKsell rs Meteber , HI Nebraska 7 % .
t wat bpld thnt an entry of rovernment
land , bounded bv a meander line does not in
clude land lying at the time between sncb
meander line and tlie bank of the rUer.
It u proper to direct a TcrdXt for defend
ant wlwrv the erldenco fails to sustain the
niatntliTi cause of action.
l r i Co. vs Croatn. Error from Clay
county. Affirmed. Opinion bv Mr. Justice
Norval.
An action to recover the penalty Imposed by
section 34 , ch puir 2n , complied statutes for
the Uklng of it ea.I fpcs bv an officer can
only be brought by the party injured or dam
aged by tbe taking of such fee * .
State ex rel Tcnnlson vs Cole man. Man
damus. Writ allowed. Opinion by Mr.
Justice Post.
Where several persons Mn In a remon
strance and objection to tbe granllnc of li
cence to an applicant to sell liquors. It Is the
duty ot the board to which the application Is
addressed to set a time for tne Hearing
thereof allowing the objectors a reasonable
opportunity to procure the evidence upon
which they rely to defeat the application.
In such ca e one of the objectors cnnnot de
feat the object of the remonstrance by with-
draiiinc It and aUonlnc the license to bo
Issued in the absence of other signers and
without their consent.
Ish vs Fioley. Appeal from Douglas
county. Affirmed. Opinion by Mr. Justice
NorvnL
Where fraudulent ropre entat Ions are relied
on as .1 defense to an action , the same must
bo oroten by a clear prepouderancp of the
oviflcnco.
K ldcnco examined and held to justify the
Cualnss of the trial couct.
Owca vs State. Error from Hamilton
countv. Reversed and remanded. Opinion
by Mr. Chief Jnstlco Maxwell.
In a prosecution for uttering a forced
promissory note knowtnz it to hate been
forged , held that tlio proof was insufficient to
sustain the verdict
Patrick vs Paulson. Appeal from Douglas
county. Affirmed. Opinion by Mr. Chief
Justice MaxwelL
A chattel mortsace was made October 19
IS-s. and Hied for ryord Uccernbr r "L lMat
1 15 p in On December lis. IKis , the same
morteacor executed n scoond morlgaco on
the same and other property to secure certain
sureties who had signed his notes. This mort-
pace was filea for record U ve minutes after
the first. In a contest between tbe mort-
cncocs it did not appear that the s-ccond
mortsagoes had paid any actual conMdcrn-
tlon therefor. Held that to entitle them to
priority It must be made to appear that but
for thu failure of the lirst. mortgageo to Gle
his mortgage tor rtc-ord tnov wnu d not bate
become sureties for the mortgacor ; that he
wa Insolvent nnd thtit tbej" would be com
pelled to pay the debt
Roche vs Coscrovo , Error from Dourfas
county. Affirmeo. Opinion by Mr. Chief
Justice Maxwell.
Under the provision of section 2 , chapter 54
of the laws of lvl ! a person who Is a candidate
for an ollice to be t otwl for by the electors of
tbe precinct Is not eligible to tbe office of
supervisor of registration of such precinct ,
but If he receive the- requisite number of votes
for an ofBci > , as asse---or. to elect him to that
position , be will not be debarred from holding
suth ofHro by rt-ahon of having oeeii a kuper-
vlsor of roclstratlon.
The prohibition Is acaliiat boldlnc the office
of supervisor , not the ollice to which the party
may be electod.
\ \ here the incumbent of an office holds over
by reason of the non-election , or non-appoint
ment of a succes-or. or of the necloct or re
fusal of his successor to qualify , he must qual
ify .mow within ten Jays from the time at
which his successor should ha > p qualified
Sharp vs Brown Error from P erce county.
Judgment reversed and cause remanded to
tbe district court with directions to enter
a decree for plaintiff upon his paying the
amount of taxes due the defendant with
interest thereon. Opinion by Mr Chief
Justice Maxwell.
Proceedings in error in the supreme court
may be commencca within one yeur from the
tune the motion fora new trial Is o\erruled.
lioljenbock vs TarklngUm , H Neb. , 430 over
ruled
A cause in Ihe Seventh district was sub
mitted to tbe judce of the Ninth district , and
by him taken under advisement and held for
many months and a decision rendered at a
time to vrni = h. it nas claimed , the court had
been adjourned No journal entry showing
such adjournment was produced and the affi
davits were too uncertain to Justlfj the court
in holding that there was an adjourned term
I'pon tne record presented held , tfiat tne
tax deeds did not convey the title to the land
nnd the plaintiff would have the ri ht to re
deem upon paying the taxes duo with interest
thoreon.
After a cause is Submitted to the court tbe
rlcht of a plaintiff to dismiss the c.iuse with
out prejudice without leave of court is ut an
endThe
The Sandwich Manufacturing company v
'
Feary Error from t.eward county. 'Re
versed and remanded. Opinion by Mr. Chie
Justice Maxwell.
A written warranty of a reaper contained
these provisions "If on starting tne machine
It should in any way prove defectUeor fail to
work tbe purchaser shall gl\e prompt writ
ten notice to tbe agent from whom tie pur
chased it , and allow sufficient time fora per-
'on to be sent to put it in order and tbe de
fective parts , if any. replaced , the purchaser
rendering necessary i nd friendly assistance "
Held , that a substantial compliance with
th < se provisions was necessary to entitle tbe
purchaser to rescind the contract and return
thn machine.
That the manufacturers had acted with rea
sonable promptness after notice of the defect
in sending experts to adjust the machine and
put it In runnlnc order , and that the refusal
of the purchaser to permit them to adjust the
machine and put It lu order was a. waiter of
tiifl defects.
Burk vs Dempster. Error from Fillmore
county. Affirmed. Opinion by Air. Justice
Nnrv&L
Held that the evidence justified the jury In
finding that the defendant was H bailee with
out hire , and that ttie bailee was guilty of
gross neullzence.
A gratuitous bailee is liable for injury to
property Intrusted to his care occasioned
by cross nepllsrnce.
The instructions given fairly state tbe case
to the jury and those requested by defendant
were properly refused
Burger vs State. Error from Cnster
county. Reversed and remanded. Opinion
by Mr Justice Norval.
In an information for arson in setting fire to
u buiidins the ownership thereof may be al
leged to be In the party In possession , because
the offense U u.'iiu t the habitation. Where ,
howetor. the otfunse charged is the burninc of
certain "stuck * of wheat of the value of SJOO , "
etc. , the names of tbo owners thereof
must be alleged and proved
Under a btatute nhicb declared "if any
person shall wilfully or maliciously set fire to
or burn or cause to bo burned any barrack or
stack of buy. wheat. " etc. * the prop
erty of another , to the value , of ta or up
wards , an instruction that the property if
"of some taluo ton will find said Edward
lluaslnnd guilty" Is eironeous.
An Instruction that "if you find the defend
ants tendered a reasonable doubt" is er
roueous , as it In effect shifts the burden of
proof ou to the accused. 1 he true rule is that
if , upon all the otldenco , the jury entertain a
reasonable doubt of the guilt of the accused ,
they should acquit.
Standard Distillery ccmpanv vs Freyhon.
Error from Colfaz county. Petition in error
"
dismissed. Opinion by "Mr Justice Norval
An order of tlie district court quashing the
srrrlce of a summons cannot b : eviewed by
this court before final judgment il rendered
in the action.
Whitney vs , Leavon. Error from Sarpy
county. Judgment of tbe district court re
versed and xietv trial allowed unless defend
ants in error withm forty days remit all but
nominal nam&ge aud give notice thereof to
tbe clerk of this court \vritag In case
otcesjive doroago is remitted judgment will
bo affirmed. Opinion by Mr. Justice 1'nst ,
Where a chattel mortirazo Is executed on a
stock of lumber and iuerchand ! ti to secure a
toua fide indebtedness fur money advanced
by the mortgagee unil tbo mortgagor I * per
mitted to retain pusi 01.3.011 of ihe property
mortjiiijml without BIIV authority from the
mortgagee to soil nny nart toereof , the fact
that a few articles of km all value were old
bjr the servant of the mnrtcagor. without the
knowledge cirotiiucut of the Jj-ortk'ajee is not
ofiuelf suClriunt to raise a roaclusite pre
sumption that the niort.aso u fraudulent as
to creditors ,
Eridtnco examined and held , that the value
if tbe property luortKuced u not sin greatly in
eic ssof tbe debt secured as to raise a pre
sumption that the mortgage U fraudulent as
to creditors.
Where L Is entitled to the po cislon of
prouurtv bj virlueof a chattel ; i ortsago exe
cute : ! by D , a sheriff who seize * and taken It
into hi * poni'iilou under n order of attach
ment KUtj&eQueatly Issued acalntt O is a
wronsdoer us ugalust U sod it Dt not ut > re-
6rjr for tbo latter to dc-mii-id the property
before he recovers it to an a t on of replevin.
In replevin. hnre iprclul unuic es are
claimed , they must be specifically aliejtd.
itulo applied In an action to ruc4jvtr a
stock of lumber the allucutiiia rf damuzu was
Hint "The defendant wrongfully detain *
said property und has so wr nsfullv detained
It froui plate Utf fnr sevcutoen days , to plalti-
tlfTi darntce. " Held , that the pUluUS could
not recoter for injury to tbe lumber.
Uewitt's Sir > aparuls oleaniei tbe blood ,
Dr. Biruey cures -iiti.-ra. Bas
BRINGING STRANG UP SHORT
Proceedings Started by the Attorney Gen
eral to Force an Accounting.
BONDSMEN MADE PARTIES TO THE SUIT
Itr nlullon < Adopted liy thr StMr Hoard
KrnifMlnc Him tmm the OHIceof Presi
dent of the Nebraska Morld'i
Tnlr Cominl lon.
Nob. , April 7. iSpocial to THE
BEE.J Tbe Nebraska Colombian commission
finished up Its business today , having been
in session for tbrca durs and evoslncs.
After tbe reading of tbe journal tbn first
matter token up was the consideration of tbe
Strang settlement. No reply having been
received from Mr. btrnng In response to tbe
numerous letters andtolecrams tent him , Mr.
Weiss introduced the following resolution ,
whlcb was unanimously adopted :
Whereas , 1'rcsldctit A. L. Stranp Is by law
tlie tiuasurer and disbursing acont of tbe Ne
braska Columbian commission , and
\\berea * . He has ncclected and refused , and
still ueslect * and refuses to render an ac
counting and an itemized statement u > tlie
commission of tbe funds connnc Into hi *
bnnd < belonrlnc to the commission , though
often requested * o to do. therefore bo It
Hesolved By this commission , that the at
torney general be and be is hereby instructed
to at once institute It-sal proceedings aculnsl
said A. 1 * stran ; : and his bondsmen on his
bond on account of ) jli default thereon ; and
also to institute such other proceedings ai
may be necessary to compel him to render
full and complete statement * of his doln ; as
president and disbursing oBiccr of the > t-
brHSka Columbian commission , und to render
a true and itemized account of all moneys re
ceived and disbursed by liim as president and
disbursing offlcor , and to require tbe said A
L. frtrans to pay any and ah balances in his
bands to unv person designated by said com
mission to roccire the same.
The following resolution , presented by Mr.
Mobley , was also adopted without a dissent-
inp vote
Whereas , President A. I , Stmns has per
sistently fulled to perform his duties as presi
dent and disbursing officer of this commission
for a period of more than tnree months and
\\bereas. Ho has. a oresldcnt , absolutely
icnorod und defied tbe by-laws prc-criblug hU
dutlus. and
\\liere.is. Ho has for three months failed to
meet with the commission and make sottle-
mt'Lt as requested b ) tbe commission and
promised bj the s.ild 1'resldent # trans at the
meetinir of tbe commission lield January I'l ,
1181 and as required by law be It
Kesoned , Tnat Uie ollieo of president of the
Nebraska Columbian .commission be aiiu Is
hereby declared vacant
A committee on the revision of the by-laws
was appointed. Messrs. Mobley , Weiss and
Gale \\cro appointed as such committee and
they were instructed to make their report at
tbe next meeting.
The matter of the adoption of plans for tbe
state building was deferred until the nest
meetint : in order to allow architects who
have already submitted plans to complete
their specifications and estimates.
The commission then adjourned to meet at
Omaha at a date fixed upon by the commis
sioner general.
1'rettltlent Strang KrslsrwB.
in a telegram received from Houston , Tex. ,
PresidentStrang of tne Nebraska Columbian
commission tenders his resignation to Gov
ernor Boyd , the same to take effect on April
15. It is believed that Mr. Strong will
return from Texas bj that aato and
present his report to the commission.
The members ot that body regret excoedinely
that it nns been neoessarV to resort to ex
treme measures and all expressed their be
lief today that too resolution adopted at this
forenoon's session of tbe board would have
the effect to orinc out a statement from Mr.
Strang that will be in every xvay satisfactory
Tne commission will be practicallv a new
body when it meets at Omaha , ivhich will be
m about ten days Secretary Powers has al-
readjr tendered his resignation and it bos
been accepted by tbe governor His place
will be filled before the" commission meets
again , as will also the place of President
Strang. New officers will be clioseu at the
Omaha meeting and new by-laws adopted.
How a Kearney liank "as Wrecked.
The failure oftho Commercial and Snvincs
bank of Kearney has already been recorded
In tbo e columns itccoiver GlbBons filed his
first official report with tbe dork of the su
preme court this afternoon. It disclo-.es the
peculiar methods which were in vogue at the
Kearney institution and shows the manner
in is hich the business of the defunct bank
was conducted. In his reporttho receiver
savs.
In comnlianco 1th the order of the court I
be ? leave to submit the follow Inc report for
your consideration Tne following amount in
notes and other nominal assets have been
turned over to me-
Original notes jrj.712.G3
Notes In Judgment. t6s.iK >
Overdrafts TU5.12
furniture and fixtures 2.UJ.L76
Credit Items arj.50
Cash ) .70
Total J4U.OO5 (
The original notes Include those of John
Barnd , cashier , to the amount of J1S.S54 , nearly
all past due : the Mutual Loan and Imest-
ment company by fa , S. St. John us
secretary to tbe amount of EQ.1H9.
nil da ted January 3J , ISUi due in June and
July , without Interest till maturity A. U
Herrand , assistant cashier , to the amount of
JJ.MS.
The Burnt ! notes are secured by 100 shares
of stock. In tbe "Nebraska. Land companv. "
which company is owned almost , if not alto
gether , by John Barnd , and two notes are
endorsed by L. N. st. John , secretary of the
Security Land company " These two notuc
amount to IVi j. I do not consider the
security or endorsements any better than the
not-ei
The notes of tne Mutual Loan and Invest
ment company have no security behind them ,
while Uertrand's notes are virtually un
secured. The "notes on Judament" I consider
of little if ot any account The "oxerdrufts"
are about half bank errors that have been
accounted for in this way instead of proUt
und loss , and the other half , with tbe excep
tion of a ( ew dollars , is overdrafts by stock
holders and ofllcers of the bank The "fur
niture and fixtures" probably can realize
about one-half ot tbclr nominal value.
Of the f 1J.W1.4J ( balance of notes after do-
ductlmr notes of officers of the bank ) 1 find
f7.'MO past due. Of this amount t. are past
due over one your , and of the balance fl.275
are past due over six month * . These notes as
a whole I consider the poorest kind , and it
seems incredible that men with any business
capacity or who nnd arijr desire for the safety
of other people's money could pretend to loan
il as seems to have been done.
The liabilities of tbe bank are as follows
Deposits subject to check. UI.SU 10
Certificates of deposit. . XWOi 10
Due United states National bank at
Oroivha 10270
l ue Union National bank , Chicago . . W
Uedlscounts * ftX ) OJ
Total. . > Q,000 00
Of the certificates of deposit there are so-
curnO flT.MJ und the bank has put up to se
cure this amount not * > s to the amount of
ISiSa" 11 GIUIIO-.S , Receiver
In addition to the above report , .Receiver
Gibbons filed a petition asking the supreme
court for an order requiring the Mutual
Loan and Investment company and S. is. St.
John , John Soott , O , P PolisonV F. Pickering -
ering and T N. Hartzell to appear on April
13 and render an itemized report of all
moneys , notes or stock received from Jahn
Barnd , cashier of tbe defunct bank. Tbe
matter referred to in tbe petition was a deal
Detuoon Cashier Barnd and the parties
named above by which the latter were
stockholders in tbe DOW defunct bank and
who evidently had a premonition ot the com
ing disaster , unloaded their bunk clock upon
Barnd and received in return a block of the
Mutual Loan and Investment company
stock as well as a large amount of
tbeir notes which had been held by tbe
bank. According to Receiver Gibbon's peti
tion the investment stock is of con Ideraolo
value , while tbe bank stock is comparatively
xvorthlesa After tbu panics named in the
petition bed transferred their load of bank
stock from tboir oivn shoulders to Barnd's
they very prudently resigned and left tbo
latter to carry the responsibility of tbe bank
failure ,
Uoara of Ilralth M ratine.
The board of secretaries of tbe State Board
of Health held their regular mnntnly meet
ing at the state bouse this Afternoon. Tbe
only business transacted was the examina
tion of diplomas and the granting of certifi
cates.
Following i the list ot certificates issued
U. L. btevenson , Bennlneton : C. N. Tcrrv ,
li yooldi , J. H. Long , Hay Springs ; J 6.
( Jarmon. Hastings ; . H. Heston. E. W.
Inc , U. F. Kennedy , Pickoroll ; J. F , Bren
dell , Avoca. H. N , Mlllt , Osceolu ,
Peter YonLaoura , Omaha , B , F.
Dougherty , B ro ry Dougherty , Lin
coln , Uenry Baker , Kearney ; J A ,
Kelley , South Omaha , A. J. Clark , St. Ed
wards , G P Shoemaker , WUsonrllle. H.
M. JnlUu Cairo , Theodora M.lon , Omin ,
L. W. Critrer , MeCortk < J L Oompton ,
Bl&lr. C. L , Oftrk. Nebraska City ; D. C.
Stanbcrry , Stockholm , U. D Sllier , Beatrice -
triceW , S. ButterMngn , Bloomfleld. J.
A. Dunlap. S. K. DanUrr , Albion. Sherman
Vaanoss , Omaha , A.V. . Williams , Crete.
J. W. Hitcbcocit , Lincoln , Jacob Ilof.cn-
berc , Lexington. E. C. I'ntn&tn , Hepubllc&n
City , J. W Epier. Jntlio ; H. M. Ochlelroe ,
Haddani , Kan , C. H. Maxwell , Dakota
City. Thomas Henderson , Omaha. P. Bald
win , Clinton , A. B. Cox , Purdu : Charles
Oxford , West PointD. . L. McLauchltn ,
Tekamah Francis Naulteui , Hastiocs , A.
J \\Urd. Stiver Creek. HV. . Partchem ,
Snyder. E .1. Austin , nwlnp
Thry Will lluro Some rrnrtlrr.
According to law each company of the Ne
braska National guards is required to hold
five drills In each year , for which payment
is made by the state Tno appropriation is
so nearly exhausted that the stale will bavo
funas but for throe drill meetings for each
company In order that the law will bo
fully compiled with the adjutant general or
the inspector general will hereafter bo pres
ent at each drill meeting of each company.
Adjutant General Ylfqnaln tonight Issued an
order designating the following datej fur the
drill meotincs of each company First rcsi-
ment , comp ny A , Yoric. Mnv 0 , June 11 ,
July 15 , company B , nllerton. Mav
24. June 22 , July ! ! 1 , company d ,
Beatrice , May 2 , Juno 2 , July 1 ; com
pany D , Lincoln. May 11 , June V. July 13.
company E , Fremont , May 21 , Juno 2J , July
28 : company F , Jnniata , Mav 17 , June IS ,
July 7 company G , Geneva , May fi. June 14 ,
JulyO. company H , Ntlson. Mav 4. Juno 4 ,
July 5 , company 1 , Bennett , May 10 , Juno b ,
July 12 company K , Central City. May 14 ,
June 17. julj 20 , Second regiment , company
A , Kearney , May IS , June 1ft , July S , com
pany B , Ord , May 'J6 , June 23 , July IP , com
pany C , Nebraska City , May 9 , June 7 , July
11. company D. Falrbury , May 3. June 3. July
2. companv E , Chadron , May 29 , Juno.'tO , Julv
30 : company F , HaytSprlngs , May29 , JunelK ) ,
Julv 30 , company G , Long Pine , May 20 ,
June2S , July 20- company H. Tekamph , May
2- % June 27 , July 25. company 1 , Stromsbnrg ,
May 13 , June 21 , July 10. companv 1C. Schny-
ler"May20 , June IS , July 22 , troop A , Milford -
ford , May 12 , Juno 10 , July 14.
Settled the Hulo Complaint.
The secretaries of the State Board of
Transportation were at Uulo yesterday and
today to investicate the complaints of tbe
citizens of that place , which have been pend
ing before tbo board forsomo time. The Hulo
people complained that the B. , k M. rail
road , in constrnctinc its line tnroutrh their
town , had closed up their most important
business thoroughfare. The secretaries
found upon tbeir arrival that tbe matter was
in a fair way to bo amicably adjusted with
out further legal proceedings They also
found that it would ba perfectly imnractica-
"
bio to open thn street as demanded" by the
'
citizens' as it would necessitate a deep cut in
the heart of the town and make an exceed
ingly dangerous crossing to the public.
State Ilonse ( .osslp.
A suDscnption paper \vas circulated about
the stale bouse today for the benefit of tbe
cyclone sufferers at Nelson The sum of $70
was su ascribed. Governor Boyd had already
made a donation of 100 to the cause , which
swells tbe amount raised in the state house
to il 0.
Superintendent Goody returned from
Weeping AVater today , wbere he had been
attending a county institute.
Articles incorporating the State Bank of
Cardova , Seward county , were filed this
afternoon.
Hon. J. F Ballanger ol Hastings was a
calier at the state house this afternoon.
The celebrated case of John Fitzgerald
against the Fitzgerald i Mallory Construc
tion company and the Missouri Pacific Rail
way company , reached the supreme court to
day. The transcript and bill of exceptions
covers 2,207 pages of prmted matter. The
document is the most voluminous one ever
filed in the Nebraska supreme court.
Awarded Ileaiy Damage * .
The breach of promise case instituted by
Miss Florence Dole against Thomas A- Stratton -
ton was concluded an the district court to
day , tbe forenoon being occupied By the
court in reading his instructions to the jury
and by tha arguments of the attorneys. The
arguments of Messrs. Stearns and Strode ,
who anpcared for the plaintiff , and of Mr.
Lnmbertson for the defendant were bril
liant. Mr. Strode , in closing the case , made
an evident impression upon tbe minds of the
jurymen bv his allusion to tne case of Cap
tain Yocuin at Hastings. The jury at 2HO
this afternoon returned a verdict awarding
the plaintiff tie sura of $12,000. The case
will in all probability go to the supreme
court.
New Conservatory of Music.
Woric was commenced today on the new
building to be occupied by the Nebraska
Conservatory of Music. The new building
will be erected on the corner of Thirteenth
and L streets and will be a four story struc
ture , 50 bv 150 feet in size and constructed of
stone. It will be built with special refer
ence to the purpose it is intended to answer
and according to the contract will be com
pleted in July.
From the Court liooms ,
Stephen Crouch , who was injured by a fall
through a defective sidewalk ana woo sued
the city for 5,000 , today received a verdict
of J13G.23.
A. B. Johnson today filed a petition for &
new trial in the Ogden Commercial case.
John Place today filed a petition for a
divorce from his wife Sadie , whom ho al
leges deserted him twenty days after they
were married
Judgments were rendered in Judge Hall's
court today in the following cases and
amounts C N. Dietz against H E. Chapel ,
for SOW. 33
Entitled to Ills salary.
The case of County Commissioner
Churchill against the Board of County Com
missioners of Lancaster county , which has
been pending in district court for many
months , was settled today by a decision
handed down by Judge Chapman this morn
ing. Churchill had refused to vote to pay
tbe livery Dills incurred by the commission
ers while attending to the duties of their pu-
sitious. In order to get even with him the
other members of the board refused to allow
him his compensation as a member of tbe
board. He took tbe matter into the district
court and today Judge Cnapman held that
the commissioners had no right to withhold
his salary The cae will go to the supreme
court.
DeWltt's Sarsapanlla destroys SUCQ pol
sons as scrofula , skin disease , eczema , rheu
matiim. Its timely use save * many lives.
Ilailroad Aflntrs.
President Weller of the Commercial asso
ciation is so hopeful of the abrogation of tbe
bridge toll by the lowiTrailroads that the ex
ecutive commlttoa will take no action before
tbe meeting of April 'G.
Vice President Newman of the North
western railway did not talk in tha most
encouraging vein. la foct , bo bold up
Sioux City as a "bugabo-j He as
serted that if tbe bridge toll at this point
were removed it would lot Omaha jooocrs
into tbe territory of bKJux City on tbe east ,
and the Jobbers of that'place would then in
sist on tiia abrogation of tnelr bridge toll oa
shipments into Nebraska. He argued tbcro-
from that Omaha nod o tt r let well enough
alone. '
Toe Tranimlssouri Cisociation has made a
rate of a fare and a third for the democratic
late convention to , be held in Omaha
April 13. U
General Manager ClArk of the Union Pi-
cific left tUis morning for St. Louis.
Sick headache ! Beecbam'i Pills will re-
lave.
Bottles of SWIFT'S SPECIFIC
relieved tr.c of a severe Blood ( rouble.
It has also caused my liair lo grow out
tgain , as it Lad been falling out by tlie
hand full. After trying many phyaciana
ia vain , I am so happy to find n turn In
S.S.S. 0. II. EUIEKT , Galvcstoii , T .
\ PTTRFS Vy forcing out rerms of disease
( kMtu.and the prison as well.
O r It is entirely vegetable ynd harmless.
0 ) Treatise on Blood and Skin mailed free ,
SWIFTS tP nC CO. , Atlanta , Ga.
CONTINENTAL
CLOTHING
HOUSE.
Men's
Spring
Overcoats
It wont cost much today to get
suited to a light weight overcoat. We are selling a very
nice all wool Melton for $7.75 , new shades , satin sleeve linings ,
shop made , worth $12. The season for the sale of overcoats
is short. We have decided to unload. Nobby homespun
overcoats , $11.75 , all s worth $18. A special line of dark
meltons on sale today , which cannot be duplicated outside of
the Continental for less than $15.
Special
Suit
Sale
$5$6.50$7.50
, . , . ,
§ 7.75 & $8.50.
On Friday and Saturday
you can have your choice of a
dozen styles of the best values ever
shown in this city. Prices on some
of this line have been cut in two.
Sawyer
Suits , $10.00.
On Saturday we will offer another line of the
celebrated Sawyer Suits at $10. You will be in luck to own
one at this price. They are retailed in this city as high as $18.
We have sold them for three seasons and know how the goods
wear.
wear.Nobby
* s
Spring
Suits
, - - >
In all the new shades of browns at $9.50 , $12
$15 and $18.
In
YOUIIPT Men's
The new Cheviots cost $10 and $12.
Boys'
Spring
Clothing.
Prices and quality
unequalled. Styles all new. Nobby Vest
Suits , Reefers , Long Trousers and Kilts.
On Saturday
We will sell 100 Suits of
Boys' all wool Cheviot Suits in double and single breasted at
$3.50 each , worth not less than $6.00 , in sizes six to fourteen
.
years.
years.Knee Pants 25 , 35 and 50 cents. We will have oar Short
Pant counter stocked again on Saturday with half price goods.
Hats
50c.
Our new spring- shapes for boys
all go on Saturday at 500.
Souvenir
for Boys on
Saturday.A .
A league hard wood
bat and Spaulding ball for all our boys on
Jfc s1 5 ci t u rd s v
GONTINEffTKL6LOTH6fiOU8E
REGULAR
Army and
Navy
PENSIONS :
Soldiers fn ( he Regii.ir . -1 t'w
and Sailors , Seamen and JLir-
fttfs in the United Stales Naiy.
since ihe ll'ar of Ike Rebcll > t.
who have been discharged from
the service on account of dis
abilities incurred therein whili
in the line of duty , are
Entitled to Pension
at the same rates nnd .under the
same conditions as persons rendering -
dering the same service during
the Jl'ar of the Rebellion ,
except that they are not entitled
under the new law or act of
June 27 , 1S90.
Such persons re also en till r
3 pension whether discharged
rom the service on account o
disability or by reason of expir
ation of term of service , if ,
while in the service and line
of duty , they Incurred any
wound injury or disease ul iJi
still disables them for manual
labor.
Widows ccnd Children-
of persons rendering servica in
the regular army and navy
Since the War are
Rntitled to Pension.
* *
if the death of the soldier wasd.ie
to his service , or occurred whila
he was in the service.
Parents of Soldiers & Sailsrs
dying in the United States ser
vice since the War of the Rebel
lion , or after discharge from tha
service , from a cause originat
ing therein , leaving no widower
or child under the age of sixteen
years , are entitled to pension if
now dependent upon their os % n
labor for support , whether the
soldier ever contributed to their
support or they were dependent
upon him at the time of his
death or not.
FOB INFORMATION OB ADVICE
As to title to pension , ADDRCSS
THE ;
Bee Bureau of Claims
ROOM 220 , BEE Bt ILD1XC ,
Or tbe Liquor IlabEt I'onltiirl.r Cured
by ailininUK-rinir l > r. flaium'
OllldOIISlX
It can be ciren In & oup of oaaro or tea. or In fool.
without the fcaorjrip of Uae patient. It Ic absolutely
liarmleca. and wfll effect a pcranDent and operdy
care , wbetber tbe pfrUont ! a moderate drlukcr or
an alcoholic wreofc. It & 6 been CTVOII in tboufiandB
of casor. and In every instance a perfect cure cat tal >
lowed ft teTer KutlM. ThetrBtemoncelcirirrrn&i'd
with the CpeMBc.lt becomes an utter lapow.ibUltr
for lh liquor appetite to exlbt.
GOLIIO M'EtiriU CO , Prop'n. Clnrlimutl , O.
4&pwre book of Dartlonlari free. To be liad ol
Kuhn .1 CoIJth aud Douplus Sis. and ISlli li
CuuilncM * Wholesale , lliukc. llruoo A. Co.
Qund Kirhardion Drug I'o. Minima.ol ! >
PKUl'U-ALS POU INDIAN fl'UFb A.ND
trun pjruitlon Department of the Intcr-
or. Ofllcf of Jnalun Affulrs. Uai-iiiiiEtoii ,
April S. le'C Scaled proposals , endorsed 1'ro-
posiil- fur I left , Ajlus for lii-cf must be submit
ted In setriutf em fiopoli.icori. ) . Hour ,
( . iulhin ; or 1 rau.-port.itlim. etc. , " ms thu case
may be > . und directed to the Comu ts.Inncr of
Indian Affairs. Ixus 05 ana CToo tersiio t ,
New YorK. will bo received until I i > m of
Tuesday. May 3. l 'ii for furoishlnz for tlie
ladlin scrv co about TOJ.iiiu pounds banin ,
Jl 0 . ( KW pounds liouf on th" hoof ! MniltOD ( )
pounds lift bocf , ulMKJJ pounds beans , 7o,0)3 ( )
pounasliuUlni ; po acr. r , C.X)3 ( ) pounds corn
5 O.OwU pounds cotToe. ll.KKlaio pounds flour ,
TS.O 0 puutuls feed. ! ) "i. 100 uounds hard bread
40. On pounds houiiny.Jfl.ttiO pounds lura..Vv'l bar-
alB mess porU. l.MHJJ jioundt outmc l. 1 > 7UUUO
pounds outs. H ' ,00.i pounds rice. ' .0 0 pounds
tea. 1 0,0 0 pounds eo.irso salt. l-'CUIDJ pounils
flno f. It , JiU.lKW pounds Bonn. l.U'JO.uuo Dounds
fcusar. and tjajiOa poundb whoat. Also , b'unk-
els. uoolen ana cotum goods iconaULinr in
liartof Ik-Uini : 13.IMO yiTils , stundnrd calico.
1 1.00 jyjrdb. dnlllur iH.MKi viiriN , duck , frcu
from nil flzliii : . a003 ynrdij denims , IU.IWJ
ynrtls clnsliuius. .cxi.UK ) yurds , Kfntuil.y
jcaiih. fi.f. 0 yards ; cn < nloU xUJUynrilshronii
slmetlnn.'W.lWr yrris : Muauhed blicotlMS.
U5.UUJ yards , hickory shlrtinsUiOu yurds ;
calico frlilrtinj : . G.WIO yardhr clothlus. croeer-
les. notions luirdwarc. uiodlcal buppltes.
sciiool books etc. . and u Ions list of rulscel-
lanuuusartiolos. such ash.irnoss , uloui , , raKci.
forks , eU- and for about WO tuoiik rnjnired
for the fc rrJce. to He delivered ut Chlc''io ,
Kansiih City and rioux City Aluo lor kuth
waon ; as rnaylie required , udntaed to Uie
climate of the 1'aclIIc coast , with California
bral.es driherej uv tan Pntnclvm A ao
transportation for such of the amelus. cooils
and kuuplies that muy not bo coutrailfU fur
to be do 1 lured at the aench s. llids nianl bu
made out on coiiTnniCot blunkk. obeduR
K tlio kind , and < iuiiutltle of fcubtit-
iipplles repulroU for each agency and
school , ana the Kinds and quantities Iu cm.-a.
of nil otlirr couds nnd articles , tucether v. til
lilank propOMils , coi.dit.ons tube obburttii by
bidders , timu and plucv of UvlUery U'in : of
contract aud payment , traifiportatlon routes
nnd all oilier nt-re-sary Instructions nu > te
furnUhnd upon application to the ludinn Uf.
Uce In \ \ aililnjton. or No ( Ti aud 07S or > ster
htreet , Jsew \ ork ; the Coininlssarifs r > f 9ub-
L' S A. at C'liityenne. l hlcauu.
rtb , Oniulin , saint Louis , fcalnt I'uul ,
and han 1'rnriplsco. tbo i'o tuiu ter& at Mom
City , loua : VanUton t-outli Dakota ; Arkan-
susCUy. Uuldue-il. Topeka and U'lclnta , hLti-
ka'k nnd TUM-OII. Arizona. The rl ta U re.
served by tbe no * Rrnmeut to reject anr and all
bldnor any part of any bid and tlu-io propo.
sals are in vlt d under pro\ Iso that appropria
tion shun be made for the kapplles Ly con *
pre.s Illds will beonuiied ut tne hmir and
day above stated , und bidders ure \lted to
bo present ut tbe opening t'orUflod cherka.
All bids must tie uccmupanlrd by cu-rtinod
cliuckk or drafli unou some Unltod Mates Du-
poiltoior the Kirtt National Hank ofati
FranclkCO , Cil , for at least Uvu jitr rent nf
the amount of the proposal T J .VlUlfN
Couiuiluiooer , ATd"ltta
I'rupuutls for 1'nblir Library KullUlii ) ; Iliiiuli
healed bids n-arlfoa propohali. fur publlu
library buildiiu bonds will bo rechod at tha
otilre of tboclty treasurer. On. aha , Ne' < up to
12 o'clock mxin of the i&lii day of Apr I l-'J'- ,
for tlie purchase of llfxi.iui ( i.O pub Iv library
bulldlns U < nda ol Uie city of Omaha. Nib. ,
dated May 1st. IMC. and payable 30 yrars nf t < r
date , loterenlat the raioof S percent per an
num , payable > nil-aiitiually I'nn ipai and
intercut payable at Kounue liros , .Nf . > rlc.
Kaob bid must state price und n i u t
bousbt for aud Include aocruud ititurest t ?
U a to of doll i dry at Omaha , Nab.
The rljrlit li ruicrvnd to rcjttct any a ilnll
l > lds
uudcr chartar power of cities f tlio
lltju c I it kg. aud ordluunie NJei. .
aiinrovcd Mart b JUu 1 91
JIEfKV 1101 UN
L'ny j-e ur r.