8 THE OMAHA "DAILY HEE * TUESDAY , FEBRUARY 7 , 1891
SCOTT ON HUSBANDS' ' DUTY
George T , Russell Given a Now Notion of
the Obligations Entailed by Matrimony ,
WARM LECTURE ON PERSONAL PURITY
Opinion of the Court L'oucrrnlnff tlio Moral
Atlllmlo of Mnrrleil Men Who Defame
Their Wives nml Tnko Up with
Other Women.
At last , ana after long weeks of watching
and waiting , Mrs. Mary C. Husscll has
secured the absolute custody and control of
her two Cables , Occrgo and Virginia. The
battle between father and mother has been
fought \\lth every energy and every weapon
known to the law , and at every point the
mother has been the victor. Yesterday the
last round was fought before Judge Scott of
the district court and when it was over
George V. Hussell , the fatncrof the children
and the husband of Mrs Husscll was consid
erably disfigured , though he announced that
ho was Htill in the ring.
I ist week week County Jiulgo Eller made
his decision , appointing the mother the legal
guardian of the children , Hussell , by his at
torneys , sought the aid of the district court ,
where ho brought dlvorco proceedings , at
the same time charging Mrs. Hussell with
having committed adultery and further al
leging that she was not a fit person to have
the custody of the children. At that time
he asked the rourt to place the little people
in the hands of some disinterested party
until after the disposition of the dlvorco
case.
Submitted on AIIIda\lts.
When the case went into the district court
Jmliro Scott gave each party an opportunity
to file affidavits in support of their respective
claims , and it was upon this hearing that the
case went to trial yesterday. The whole of
the morning and a greater portion of the
afternoon session was devoted to the reading
of the affidavits When the last document
was finished the attorneys on both sides
stated that they were willing to submit to
the decision of court and that without
argument. Judge Scott replied that he had
watched the proceedings ulth considerable
interest and that all of the facts brought out
on tno trial were fresh in his memory.
There was a painful silence In the great
court room when Judge Pcott commenced by
paying that when the county court appointed
the mother the guardian of the children It
did nothing but its duty. That court placed
the children In the custody of the mother
and there its duty ended. If it could bo
Bhown that neither of the parents wcro lit
pel sons to have the custody of the children
it would bo the duty of the district court to
Btcp'in ' and take them away , "but , " said the
judge , "it has not been shown that the
mother is not u suitable person to have them
under her control. "
Judicial Opinion ofa Detainer.
Right hero the judco cut loose and then It
was that Mr. Hussell heard something drop ,
for from the Judicial bench there was deliv
ered a lecture that was worth double the
price of admission. The court announced
that the proceedings wcro deplorable in the
extreme , "for , " said he , "I cannot imagine
anything that is more deplorable than to
have n man make Insinuations against his
wife , especially when ho docs not proro
them. Not only on account of the wife , but
it seems to me that such things would kill
the children , as the insinuations are against
the chastity of the mother , but they do not
prove anything. All of the affidavits
which have been read merely insinu
ate , and Insinuations can bo made
ngainst the purest woman on the face of the
earth. Fiom what has been shown there is
not a syllaolc , not a line , not a word that
would fasten the lack of virtue upon this
woman. Take all the evidence ana there is
no Judpo who can say that the woman isnot
virtuous. It is nil easy thing to trump up a lot
of circumstances to blacken the character of
n woman , and that is all I can see that has
been attempted in this case.
"Tho man who attempts to rob a woman of
I'er good name and destroy her reputation
docs a dastardly aot , Un ho robs her of some
thing which is more valuable than wealth
nnd at the same tinie ho robs her of some
thing which can never bo returned. "
I'crnoiml Views oCItusftcll.
Turning his attention to Mr. Husscll ,
Judge Scott said : "If one-half of the show
ing made against him is true ho certainly is
not fit to have the care and custody of the
children. It seems that he , a married man
ivlth a wife who Is alive and from whom ho
Js not divorced , is staying alone in a house
with a divorced woman. It may bo possible
that u man can live this way and bo all
J-ight. I don't say that ho can't , but if any
man can I want to bo introduced to that
man. Right hero I want to say that no man
who has a wife has any right to live in the
eamo house alone with another woman "
The attorney for" Mr Kussell said that ho
wanted to take exceptions to the remarks of
the court. Judge Scott told him that ho
could except , but that the facts as ho pith-
, cied them would bear him out in everything
that ho had said. Then that attoinoy sub-
pidcd , and the judge continued by saying
that ho did not think that it was proper
that the children should remain in the
custody of the sheriff , ns ho had not been
informed that that official was maintaining
A creche for the care of children.
t "I shall modify my order , " continued the
Judge , "and I shall turn the children over to
their mother , but I shall not expect her to
take them from the jurisdiction of the court
Until after the dlvorco suit is disposed of ,
nnd that must be brought on for trial within
n reasonable length of times \ I do not pro-
peso to keep this woman on expense and
ftway from her homo for n longer period ol
tlmo than I am actually obliged to in the ad
ministration of justice.
May Take. Her Children ,
"So far as the sheriff is concerned , the
Injunction is dissolved and the mother is ul
liberty to take her children and go where
she sees fit , so long ns she remains withir
the Jurisdiction of this court. "
The attorneys held a conference and al
the end it was decided that the dlvorco case
should bo called for trial on February 28
and that the hearing should bo prosecutcc
with nil possible speed.
Mrs. Hussell at once furnished a bond thai
she vi ould have the children in court at the
appointed tlmo , nnd another chapter of the
sensational case was concluded.
After the announcements had been made
Mrs. Uusscll's friends gathered about her t <
extend congratulations and express theii
happiness ever the victory which she hat
jyon , Leaving the court room she went t <
Sheriff Dennett's residence. remained a shor
tlmo and then , accompanied by her little bo ;
and gill , departed for the homo of one of tin
ladies who stood by her during the long llgh
for the possession of her children.
Kussoll admitted that ho had been whippet
nt every turn , but upon boimr cheered up b ;
his attorneys , volunteered the informatioi
that when the divorce suit was tried thor
would bo something brought out that wouli
open the eyes of the people and somothini
that would turn the tide of public symp.xth
in his diicetlon.
iA' OPIXID. :
jFlr t Dny of the 1'elirunry Term Slioiv
I.lttle Animation.
Yesterday , when Sheriff Bennett at
Bounced court open for business , two-third
of the Omaha bar wciovrcscnt. Five judge
occupied the bench and the summoning c
Iurois began. Of the ' . ' 00 callei
Ul answered and but few escape *
The usual announcements regarding tli
Appointment of bullins and bar committee
wcro made , after which all of the judges ge
down to hard work , The dockets wci
called and the cases tnercon sot for trial.
Judge Scott tool ; up the hearing of tl :
pussoll raso on the injunction which n
trains Mrs. Husscll from removing the chl
drcn from the county of Douglas. The othc
Judges listened to some minor matters un
pdjoumcd UK ; court * for the day.
Juiigo Fei-gusou departed for Hurt count
vcatet day morning , where ho will hold tl
Jrgular rVbruury tterin. On account of h
dbsrruo the calling of his docket lias bee
jwstiKjiicit until February " 0.
In c < | < ilty room No. 0 , Judge Hopewc
took up and heard the ease of the Fir :
Uftllunul bunk against Frank P. Cooper an
nftu-n o'her defendants , all of whom !
; cn < ' by figured as the stockholders <
the Omaha Brick nnd Terra Cotta Manu
facturing company The suit Is brought to
collect a debt of $3.000 , which has been duo
for several years and everslnco the company
went to the wall.
Judge ICevsor made the temporary re
straining order In the case of Adolph Meyer
ngainst Georiro N. Jones permanent. The
parties dissolved partnership some tlmo ago ,
but Jones continued the firm title in the
business and suit resulted ,
The contest brought by Olmstead
against Williams to secure the position of
county commissioner from the Third district
has gone out of court. Mr. Olmstead hav
ing had enough of the fight. The case was
for trial today , but Instead of any testimony
being Introduced the attorney for Mr. Olm-
stead moved for a dismissal , which was at
once entered.
Calendars fur Toil.iy.
The call for today will bo us follows :
JUtXlF. SCOTT , , IUnV IIOOM .NO. 2 , COUIIT HOUSE.
11-140-Onmlm nnd ( Irani Smelting and Ke
nning company VM David Cathroo. .
14-1-12-Oi'oigo Mold v.s Union Pacific Kill-
road company.
10-2U8 II. 11. Wood vs Citrons Insurance
company.
Iti-'JOO-OrorRO W. 1'orhcs vs James Jl.Wood.
1R-77 layman II. Tower etal. vs George A.
Joslyn ot al.
10-07-D. II. Wheeler vsTiu : Dun Publishing
company.
'jn-200 Itohrrt H. Mnnro vs Prank N. K. OrlT.
JO-3'JO-I'nrlln , Uicmlorll & .Martin vs A.
Hoirniulster.
U1-1UG Isntic I.evl vs THy of Omaha.
21-280-1. C. liuchclur VH David Van Hlton
ct al.
U'J-HQS-Kobort J. Smiley vs Itobort Clinppcll.
23-00-Mlly 1'ulslngur vs O. J. Collman.
23-nH-Urnuha National bank vs E. W.
Whlpplu.
13-U7 ! James Dougherty vs Jacob HgRcis
ctal.
23-224-luorso H. llosgs ot al vs City of
Oninlia.
23-271 Morris Morrison vs Henry Stephan
ct al.
23-300 C. I , . Potcrln vs John Kccso.
.ItllHlB DAVIS , JITKV IIOOM M ) . 3 , CeiUllT HOtTSB
17-3 } 8 Henry Landfaru et al vs Hartford
Klro Insurance company.
10-01 W.U.Hhi her \sTni : HEP. Publishing
company.
UU-OO David Condon ctal vs W. L. McCague.
23-203 John ( Iran" vs Charles Collen.
23-2HIJ K. I , . Haver vs K. K. Stei'lo et al.
23-320 I'rank V. Wnsserman vs H. II , Iroy
ot al.
23-300 C. A. Jaeobson vs C. 11. Moore ot al.
24-81 Sum rrli'dtiiun VH 1-eo llolsey et al.
24-107 1'iank H. Johnson vs Ocorgo E.
Itarkcr.
24-211 S. K. Johnson vs OeorRO H. Darker.
24378Curtis , t SncKett vs Frank Grlllin.
2J207Martin Kellmit vs Nebraska Savings
am ! nvcliiuiu'o hank.
20-54 John i : . Ilarnard vs David O'Connell.
2132 ! Julia Itechtol vs U. Knrst ot al.
25-207-T. C. llrunur vs II. Jl- Hunt ct al.
25-320 A. 1' . Ultm vs A. U. Llchtciibcrgor
ot al.
JUDOri OflDKN , JUIIV IIOOM XO. C , COOUT HOUSE.
11-337 Howard V , Schock ot al vs Louis
Ancune.
13-237 famuol Johnson vs Mlnnlo Wlrth.
17-42 Daniel Joulun vs Kmeison Seed com
pany.
10-OG-C. L. Chaffoo vsTnu DEE Publishing
company.
10-150 Thomas Conway vs M. T. Klack
et ; il.
20-27H Merchants National bank vs W. K.
Applohy ot al.
U2-10J E Ij. Savers vs Chicago , St. I'aul ,
MlnneupolK & Omana Itallroad company.
22-208 K. H. Jollrcyot al vs Henry Ulsman
etal.
22-3CG Onmlm Republican Printing com
pany vs J. O. Wllco\ .
23-10G-Junnlu Williams vs Richard Hurdlsh
ct al.
JUDC1K IIOI'EWW , ! . , EQUITY I1OOM NO. 6 , I1EE
nun. DIM ) .
3-280 Rebecca M. White et al vs A. Gractcr
°
n-100-A. P. Hopkins otal vs Alfred Miller
otiil.
10-04 Elizabeth McCalUey vs Lucy McCaf
frey et al.
15-198 John J. O'Connor et al vs American
Water WorUs company.
10-373 Jacob ( J. Denlso ot al vs St. A. I ) .
Ilalomtm et al.
21-130-H. U. Johnson vs John W. Shank
ot al.
21-332 Omaha Lumber company vs E. M.
Reynolds ct al.
2J-314 Ernest Stuhtotal vs CItv of Omaha.
23-250 E. U. Humphrey et al vs'D. J. Collins
ot ul.
21-7 Walter llrandes vs Omaha.
21-41 ( ! . C. Ciawl vs , Mercur Avenue Uulld-
InB association.
24-225 Jiiinos 11. Davis vs Omaha.
24-354 Bernard Fitzgerald vs Omaha Street
Railway company.
21-303 I'rank Humpcrt vs Nebraska Sav
ings and Exchange hank.
JUDUU HIVING , KQUITV DOOM NO. 7 , ncn
13U1LDIM1. ,
20-50 G. 15. T/schuck vs John R. McKcnzlc
t al.
21-134 Omiihu National bank vs Western
Printing company.
22-2GU Coiumuiclal National bank vs Xow
Plxloy etui.
23-17 Mary E. Mlllorotal vhMnry Hey otal ,
23-88 Louis llrariford vs Ij. { . Johnson otal ,
24-1G7 William Mallow vs IS. O. Patterson ,
24-187-John A. Van 1'elt cit al vs W. A ,
Gardner et al.
24-201 Nohrnska Savlncs and Exchange
bank vi 1) . K. Simmon ot al.
24-358 Louis Uradford vs William W. Dotou
et al.
25-83 Lcnvls U. Harris vs Annlo E. Shaw
ct al.
25-133 llnrstow Steve company vs N
Rt'lchcnbcii ; et al.
20-3-10 Walter Ut.indes vs 0. W. Wood-
Croup ut I'Ulnfleld , N , ,1.
My boy , live years of ago , was reccntlj
taken with a severe attack of croup and J
thought sure I would lose him. I had seen
Ch.imbcrla in's Cough Homcdy advertised and
concluded to try it , and am happy to say thai
after t o doses ho was relieved and slept till
moining. lie hurt another attack the nest
night ; 1 gave the same rcmcdv and a prompt
euio was effected. I feel that I cannot praise
this remedy too highly. U IJ. Mulford , 85
Park avenue. I'Jainfleld.N J. Chamberlain's
Cough Hemedy will not only euro croup , but
will prevent it. If freely given as soon as the
child becomes hoarse , or oven after the
croupy cough appears , it will prevent the
attack. Several doses are usually required
There is no dnnircr in giving it freely as ii
contains nothing inlurious.
- o
"Kverj body enlnf ; South"
Should write George B. Ilornor , Di
vision Passenger Agent of the Louisville
and Nashville Railroad , nt 20(1 Nortl
IJroiulway , St. Louis , Mo. , for itifonmv
lion as to route ami rates. The lint
nbovo mentioned has innuguratce
through sleeping ear service to wintoi
resortb that Is surpassee ! by no othoi
lino. The celebrated gulf coast resort !
are located directly on this road.
Itnuiul Til ) ) S2A.OO ,
A special Texas excursion from Omahi
to North Gaivcston , via Houston am
Gaivcston , will leave Omaha , Friela'
evening , February 17 ; Btopover at af
points allowed. For particulars an <
tickets apply to P. P. Williams , roon
522 , First National Dank building.
N. B. All applications must bo re
ccivcd by the 16th inst.
Delay In Dangerous.
Do you value your eyesight ? If sc
call nnd consult Prof. Ilirhchberg , wh
will bo at the store of Max Meyer < !
Bro. Co. , in Omaha , Nob. , February 2
to 2f > , and have thorn lilted with a pair c
his nonchangeablo spectacles.
MAX Mnvini & BRO. Co. ,
Solo Agent for Omaha.
Eyes tested frco.
LOW HATH HXCUHSIOX
To Houston , Tex. , mid Return S25 00.
My ninth annual excursion to Houi
ton , Tex , , will leave Omaha Mondai
February J3 , 189i. : Tickets good to n
turn until Juno 1. Transit limit 15 daj
ia each direction and good to stop ovt
at pleasure ,
For all particulars , address R. C. Pa
torsou , 42o Ramgo Building , Omaha.
HARD BLOW TO THE SHARKS
*
Iowa's ' Supreme Court Knocks the Under
pinning from Beneath Collection Mills.
MADE A RULE TO WORK BOTH WAYS
Arbitrary Untiling * ortlio .IiutlcoShoris Con
cerning Aimlgninmit * ofViiROi lie-
verged hy the Highest Tribunal
In tho.Stiite Iliillniir News.
The justice mills in Council Bluffs have for
years been crowded with garnishment cases
brought ngalust railway and express com
pany employes by professional collection
sharks who have "reaped where they have
not sown , " through the peculiar operations of
a ruling of the Iowa supreme court that the
Immunity from execution secured an Iowa
citizen by the Iowa statutes did not extend
to a nonresident. In their omniscient wis
dom these upright justices , "learned in the
law , " have held that , while wages to bo
earned could bo levied upon and execution
against In favor of a judgment creditor , it
could not be assigned for the purpose of payIng -
Ing n preferred claim to another creditor ,
thus blocking the efforts of the sharks to
secure "Justice" and their "dues. " But the
supreme court of Iowa has Just held that a
rule ought to work both ways to bo effective ,
and has given an opinion that will check the
dally How of garnishments brought against
railroad employes from the Council Bluffs
collection mills.
In the supreme court of Iowa on January
80 , an opinion was handed down covering the
question whether the Union Pacific could beheld
held as garnishco In n case where a man's
wages was assigned.
Horace C. Motealf on December 31,1889 ,
brought an action against J. W. Kineead
before n Justice of the peace , in which action
n writ of attachment was issued under
which the Union Pacific Hallway company
was garnished. Notice of garnishment was
served on the company December 81 , 18S9.
Thereafter the company answered that
prior to the garnishment and on October 29 ,
ISb'J ' it accepted the following assignment :
Anauer oT the Computi ) .
OMAHA , Oct. . 29 , 1889. Mr. T. Young , nutll-
tor , Dear Sir Huaso pay to Mr. J..I. Hums ,
Itanvur , Colo. , my salary as foti'man oil house ,
HtOmuhu during the month of October , Nov-
vcinbernnil Dci'onibur 1889mid January , 1'ob-
ruary , Match , uul April 1890 , account of my
Indebtedness to Mr. Hums In the mm of live
hundred dollars , ( $500. ) Youis truly ,
J. W. KINCCAD.
"That Burns claimed and owned all the
wages earned by Kinccad as employe of said
company , according to the tenor of said as
signment ; that ever since its date the
garnishco had paid the wages earned for
the months stated In said order to Burns ,
and on January 3 , 1890 , paid Burns under
said order the wages earned by Kineead. "
The Justice entered judgment against the
garnishco on its answer for $ . " > 8.f > 5. The
garnishco sued out a writ of error to the
superior court of the city of Council Bluffs
and the superior court afllrmcd the finding of
the justice.
At the proper time the garnishco caused a
certificate to be executed and filed by the
judge of said court certifying certain ques
tions of law to the supreme court for its de
termination , which wcro :
First , The right of a person In the employ of
another to assign future earnings In the ab-
kenco of a contract , under which the wages
are to ho uitrnptl , so us to vest In the assignee
nil the i Iglit , title and Interest of the assignor
to the sumo.
Second , Whether , In case an existing con
tract la necessary to the validity of the assign
ment , thcie Is any presumption that dofcnd-
unt was woiUng under such n contract or
must the contract be plead and proved.
Tlilnl , Does the instrument set put , In law ,
amount to an assignment so as.to vest In
Hums the wages earned hyi Kineead to thu ex
clusion of thu attaching creditors.
Opinion of the Court.
The last question was first taken up by
counsel in their brief and is first answered
in the opinion of the supreme court in the
affirmative.
"It is insisted by plaintiff that as the , ,
order was addressed to 'E. Young , auditor. '
it would not bind the railway company , and
that an acceptance of It by the garnishee
would not , at least as against plaintiffs , bind
the company , " says the supreme court.
"True , the order is not directed to the rail
way company , nor on its face to Young as an
official of the company. But it has often
been held that no particular form of words
need bo used to constitute an assignment of
a debt. All that is necessary is that the in
tent to cffectuato an assignment shall clearly
appear. That Intent may appear from the
writing itself or it may bo shown otherwise.
More vs Lowery , 25 Iowa , 338 ; McMillan vs
Webb & Son , UiJ Iowa , 078 ; Am. & Eng. enc. ,
pp. 834.
"Tho fact that the order is informally
drawn , " concluded the court , "is of no im
portance in view of the effect given it by the
parties and their manifest intent. If then
Kincaids wage's were in law assignable a
question hcrcattcr considered the order
having been intended to assign them
to Burns , and having been accepted and
acted upon , is though informal , effectual as
an assignment. "
" lloth Held to lie Good.
As to the first and third questions the
court held in the affirmative , and in speak
ing of the first question said : "Tho true
rule is that an assignment of wages to bo
earned is good if accepted , and if at the time
it is made , there is an existing engagement
or employment by virtue of which wages are
being and in the future may reasonably bo
expected to bo earned even though there is
no contract , or fixed time of employ
ment. And in the case of a contract for
work or labor , an assignment of the fruits of
it may bo good though the labor to bo per
formed under it has not yet been com
menced. "
In concluding , the opinion is as follows :
And as wo hold that the existence of a
contract is not necessary if the
assignment is based on wages to Do
earned in an existing employment , wo need
not consider the second question. He-
versed. " "
TO CONSIDER IMI'OIITAXT IiIATTUItS.
Today's Merlins of the Western 1'aaseneer
ARgocliitlon AVill Ho Interesting *
CHICAGO , 111. , Feb. 0. Eastbound ship
ments of freight from Chicago last week ,
including everything except Hvo stock ,
amounted to 78,015 tons , against 80,012 for
the preceding week , a decrease of 1,427 tons ,
and against 103.251 for the corresponding
period last year , a decrease of 20,030 tons.
A hotter comparative showing was made
on the through shipments of flour , { rain and
provisions from Chicago to the sea Board by
the lines in the Central Traffic association.
The total for the wrck was C5,173 tons ,
against 48,300 for the preceding week , an
increase of 0,707 tons , and against 75,753 for
the corresponding week last year , a decrease
of 20,580 tons ,
A special meeting of the Western Passen
ger association will bo held tomorrow to con
sider several important measures. In addi
tion to the question of commissions on immi
grant trnfllc , ana special rates for the presi
dent's inauguration in Washington , on March
4 , the meeting will have before it a complaint
against the Chicago , Burlington & Northern
railroad for placing its tickets on sale in the
West hotel at Minneapolis. The Burlington
has apparently violated a rule of the associa
tion , which provides that tickets shall not be
s
ito
: 1.d 1.r
.V
10
isn
11
it.n Tlie only Pure Cream df Tartar Powder. No Ammonia ; No Alum
.
> .nr 0ed in Milli-ns of Homes 40 Years the Standard
placed on snlo iasnj hotel office , and some of
its competitorsihrtTo asked for relief. The
defense of the IMtfUhgton will bo , it took this
action to meet thn competition of thoSoo lino.
A meeting of Ube ijrnm-carrylng roads from
jxnnts west of SU lul and Minneapolis will
bo held In St. Httul , Wednesday , for the pur
pose of adjusting rates on wheat to Minne
apolis and Duloth In nccordaneo with the
recent decision tit the Interstate Commerce
commission.
HentoMKl the Old Unto.
SALT LAKE , tUT. , Feb. 0. The conference
of passenger officials of the Hlo Grande
Western and the Union Pacific railroads
was concluded tonight , after three days'
hard work. Thai result Is that the passen
ger rates from Utah common points to the
Missouri river and eastern points wcro re
stored , to go Into effect at midnight , and it
Is decided that the agreement will bo
maintained. The Union Pacific officials in
attendance nro : K. L. Lomax , general
ticket and passenger agent , and General
Agents D. Bui-ley of Salt Lake and George
Ady ot Denver , The Hlo Grande Western
Is represented by General Passenger and
Ticket Agent J. 11. Bennett , Assistant Gen
eral Passenger and Ticket Agent HcUitz and
General Agent Oliver of Sa.lt Lake. The
lines affected nro the Hlo Grande Western.
Union Pacific , Missouri Parlile. Hock Island ,
Burlington , Colorado Midland , Denver &
Hlo Grande and Atchlson.
Now I , Inn In 1'rospeet.
Dr.rnoiT , Mich. , Fob. 0. A special dis
patch from Saginaw , Mich , says that it is
learned from a prominent officer connected
with the Flint & Pierre Marquette railroad ,
that that road has in contemplation a new
line projecting from Detroit , Mich , to Mon
roe , Mich. , the present terminus of their
east line. This branch will permit the
entrance of llvo Ohio railways into
Detroit and bo the means of opening to De
troit the southern Michigan connections
with the railway system of the south. The
roads which will probably take advantage of
this now movement will bo the Wheeling &
Lake Erie , Columbus , Hocking Valley &
Toledo , Not thwestern Ohio , Cincinnati , To
ledo & Ohio Central , and Toledo , St. Louis &
Kansas City.
The Flint & Pierre Mnrquotto already has
the right of way through the business portion
tion of Monroe.
_
Agulnst the Itiillroml Company.
ST. Louis , Mo. , Feb. 0. The United States
circuit court of appeals this morning ren
dered a decision of particular importance to
railroad companies that of administrator i if
the estate of Forest E. Bryant against the
Chicago , St. Paul , Minneapolis it Omaha
railroad. The evidence showed that Bryant ,
while on a passenger car , was killed by the
carelessness of the employes of the road.
Ho had been invited to ride by the conduc
tor , but had no ticket and paid no faro. The
lower court held that this fact debarred him
from being classed as n passenger. This de
cision was reversed , the court holding that
the fact that he entered the car at the invi
tation of an employe clothed him with the
character of a passenger.
Ignorance of the merits ot Do Witt's Little
Early Risers isa misfortune. These little
pills regulate the liver , euro headache , dys
pepsia , bad breath , constipation and bilious
ness.
_
Sco Dentist Keim , 4011 Barker
block.
Sco the celebrated Sohmor pinno at
Ford &Charlton > Music Co. , 1503 Dodge.
Wanted.
Good desirable aero property. First
clabs biibiness property. Also trackage
lot. W. A. Webster , Bco building.
.
- -
Frescoing and interior decorating designs -
signs and estimates furnished. Henry
Lohmann , 1508-Douglas street.
If you will call at our now store wo
1 will present you with a eopy of a beauti
ful piece of imisici Ford & Charlton ,
1508 Dodge.
Convicted of KIcctlon
DENVF.H , Colo. ; JFob. ' 0. At the general
election in this city two years ago James
Conner , a republican , was arrested for in
terfering with the judges of election and
stealing a ballot box. Ho was convicted in
the United States district court last Novem
ber and today received a sentence of fifteen
months in the house of correction at Detroit.
Twenty days respite was granted him for
the , purpose of taking the matter to the
supreme court. _
NORTH GAI.VESTON , Tex. . Feb. 5. The work
of dredging the Nqrth Gaivcston harbor has
begun. The project is the removal of 35,000
yards , making a deep water channel from
the factory docks out through the harbor en
trance. This channel is to bo sixty feet in
width , extending a distance of two miles , and
a depth ol eight feel of earth will bo re
moved frem the bottom at a cost of from
$90,000 to $100,000. This will open up for the
industries of this place a now buying and
selling market , and make North Gaivcston a
doubly promising factory site.
' '
THE GENUINE <
JOHANN HOFF'S
Rflalt Extract
Is superior to
Champagne
ono - tenth
its cost and
without being
intoxicating.
It exalts the
energies , stim
ulates the nu-
trilivo jioworg ,
improves the appetite nnd iiids eli-
gostion. It is an oxcollonb tonic in
convalescence , for the weak and debilitated -
bilitatod , and n
Dollclous Table Bovorago.
* > Purchasers are warned against Impost *
tlon and disappointment. Insist upon the
" Genuine , " which must have the signature ol
"JOHANNHOFK" on the ncclc label.
CAN BB CUBED.
If Dr. Sohenck'BtrJrttniont unJ enroot Con
sumption worn lamathin now uuel iintrlo I ,
people inlBht doubt : but what lias provoj It
self through a record as old as our granelf.itn-
ors , mo ins Just what It Is
A Specific Tor Consumption
and far all diseases of thu I.unKS. No treat
ment In the world can jlaco so nitttiy uormii-
nont cures of Consumption to Its credit us Dr.
Schenuk's. NothltiK In Nmuro acts BO directly
and elTootlvely am the lung motnhranea and
tissues , and so qulekly dlaposoi of tuhorclos.
conzcst on , Inll.tmmatlnn , cnlds , coughi and
all the EOCUB of Oonsumptlon as
Dr. Sclisnck's Pulmonic Syrup
When nil else fulteatcomcn to tno rescue. Nut
until It ( alia , andl only after faithful trial.
Would nny ono dropout ! . It has brought the
hopeless to llfei unit health. It has turned ttie
despair of ton thousand homes Into joy. It
Is doInK It now , H will contlnuo to do It
throu.-hout tno amis. ZJr. Sth'.nck't I'ractlcal
TrMtlsenn c'muumpfMM , l-tvirnnlbtumacti DIseases -
eases mailed fret tn all nwHo nits.
r > r J. II. Sdi'iicK f Sa-i. I'H'lnd-lpMn. P.i.
Agents Wanted Everywhere.
THE RENOWNED COAL SAVER
Sn'es ono quarter of jour coal bill , preicnti eel
nd cinders , de tror coal it" , proiluce. nerfocl
combuttlon. keep boiler Muei clo n. raokei bol
tire In BTO mlnutei. Mti eijunllr well on liarcl ni on
iollcool One pick K coillmc V5 icnli litunirleal
to trenlone ton of coal Kor furlber Information
call on or ailcirou UU tatup ,
I , . S. ELLSWORTH & CO. ,
400 S. 13 thS. Oraaha.Nob.
A Cold Tlitit Led to Disaster
IIr. John Harris KucnlU iin Kipmnre Tlmt
Jtnsulted In llronchltl * , ItuiinlnR Unrs
anil Dcnfticsn , nntl 1'rninos the 1'hy-
ilclnniVlui Itmtnrcd Him.
So stealthy N the tlovolopmontof catarrhal
dlsonsn In most cases that thnvlctlm Is nimb'o
.o toll Just when hli inul idy lie in n A mita-
Jlo exception Is the case of Mr * John Harris ,
a popular youiiK incclnnlo In thu employ ot
I'holpi ft Son , rpntrni'tnrs , nnd rosltltn nt 341J
Hurt streoU This Is his uulntvd stntcinont :
"I can toll you Just how r.ll my t rouble aaina
ahout. Ono day In November , 1MI ) , I was at
work In a dlcam-hnatod houoo on I'arnam
street. Durliu the day the hunt wns turned
off nnd und the lo\yer-
oil temperature K'IVO
mo n ileup-scated cold
tnat senmoil to BO all
thtoueh mo. I tr cil to
throw it olT hut It stuck
to me. UllliiK up my
head , making my cars
rluj and my chest tight
nnd soro. ' 1 his Mas the
oturtliu point of a ter-
rlhlo oxperlpni'i' . At
once 1 foil p ilns In the
temples and Ii nail , ultli
pnrae'ho and lumh.igo.
My bie'x and limbs bo-
CIIMIO sore with avlius
and p i Ins , 1 lost appe
tite , strength nnd nm-
billon. A bromhlal
coimb iR'Xt nppoircd.
. . . r icklnir my lunns nUht
and diiy. My left o'ir hoxini disuhuntliu pus
and Mould uatliorand bioal. rlplit nloiiK 1
was Koliu' no my deaf \\hon Dr. Sliop.ird IOOK
nolnnand Within a week I hugnn to improve
nlcoly , and today no trace of my disease re
mains 1 ho.ii' perfectly , my oars nro heaiod ,
the con fh lins chiiBcd In fact. 1 am all rluht
aRnln. This splundld result makes mo Kind to
speak for the U-nollt of others. Ilw.isjust
what I needed and mm it Imimrsi from thu
start. "
DO THIJV TIMAT HY .MAII/
Tno FollowInjj Letter AiiRMOM This Quus-
tloii Siitliliicturlly.
S. S M I T II ,
IIUAI.GU IN
Staple and Kunov Oroeorles.
MKI.UOSB. In , . . Jan. 25,1 93.
Drs. Copoland& Miopard.
Umahii , Neh. :
Dear Sirs : I am Rind to write you that I am
ImprovliiK very fast under your treatment for
ono month.
All my troubles are so much loss.
The most pain I have now Is about my heart
and soinu In thoh.iekof mv ho id.
My hearing Is much bettor with ugroit deal
loss ro'irlim noUo In my head.
The droppln ; of mucus Into my throat Is
much less now.
In short. 1 think I nm ( lolnzjust as well as I
oould. I wnnt you to u-ivn me the alterative
and nerve lonipdlos you recommended , with
tbo catnrrli il tiuatmont for next month.
Knclosod Dud money order.
Vours with great resprct.
Mill.oun : SMITH ,
Nervous Diseases Cured.
Skin Diseasss Cured.
Catarrh Cured.
Kooms : ill anil UIZ Now York I.lie
Jlulldlnf : , Oumlia , Null.
W. II , OOr EUAKD , M. D
O. S. SIIEU-'AUrj , M. U .
bpcclaltlcsiC.itarrli and all diseases of the
Hyc , Kar , Thioat and Lunus : Nervous 1JU-
taeos , Sniu Dlsousos , Ctiron'c * llso.\se .
Ofilco Hours Utoll a m.,3to&p m , 7 to3 p.
m. Sunday , ! ) n , m. to Im. .
BK M IIK ncoistrnr-u 1
IHDAS'O
HINDOO REMCDY
PRODUCES I1IK AIIC _
itnsri/is in so nvvs. cmc nit
Ncrtous Ulsent-es , I'tilthi ? Melnorv ,
1'areM * , bliiplesttmehVilancFhes ! _
etc. , nnrt qnlckU lint surely n-ttores l.o.l Mtnllly In
oldorjountr. Kaclly cairlM incst pocket. 1'rlce ,
1 1.00 a pin-knee Sir for # % . ( l ( wild nwrllli'nsuur-
nntco tncuro or inonty ri'fumlr * ! . Oon't Irt uuy mi-
prliiclplf iliilrKl"t ) [ * dl 3011 any kintlttf imlttitton. In-
Bl t on hnvlut ; KMIAI'U itonu uthtr If lie lias not
KOt It. we win M-ml It hv mull 11)1011 ) receipt or pi ice.
I'ainphlet In penleil emelojie fii'C. AdilrtfB Oriental
Mrdlral Co. , fiO I'ljmoul Ii I'LiiT. Chltnua , 111.
SOLD by Kuhn & Co. , Cor. 151)1 ) and Donclas Sts. ,
and J. A. Fuller Sc Co. , Cor. I (111 and Douglas
Sts , OMAHA , NEB. ; by Paul G. Schneider , in
Broadway and 6 Pearl St. , COUNCIL BLUFFS.
IOWA , and other Leading Druggists.
-A.MUSmME.NTS.
BOYD'S NK\V I "I. McCoreUor"
.IHEATKrJ & "Old Moss. "
8
OVio "Itliiff IN/IS" or Cono/3' .
And thnlrhlR company of ' 3 , Including 1II.V-
NIIiv.i : - > iM , in - SKKIIj"ot
Chns. H. Hoyt's Best Play ,
A PARLOR MATCH.
"An I vorliiittnyr lflni i > of l'/n. "
NlBlit Trices First lluor. 50c , 7ic nnd 81 ; balcony ,
Mo and 72c.
DON'T roueiET TIIK Porri.AH MATISUB
WK1).VKSA\ ]
Yon can got a.'iOc reserved sent In any part of the
liouso ut tlio Wcdnoaduy uintlncu Guncrul ndml >
slon to balcony -'So _ _
NEW 1VM , 1)1 K nnd
THEATER. IIAIiin
Thron e-Thursday , Feb. 9
The ntllllnnt Young Comcellnn ,
MR.
CHARLES
and his own company of rnorry players In
ALL By Mrs. R.
ROARS I PACHECO
1'ItnOEUED BY
THE SALT CELLAR.
JIU. D1CKSON IN HOTI1 PLAYS.
The sale of scuts will open nt 9 o'clockVd -
n s'lay niornhiK at thn following prlcus : Klrst
lloortiOc , 7Bc ami $1.00 ; balcony 50c unel 7Gc ;
gallery 25c.
FARNAM St. THEATER. " PPIM'
1.1 ko lloinoall Uoads Lead to the Home of Micceis.
TONIGHT.
LastPerformance
Performance
Mat. Saturday.
12 MASTERPIECES.
Y. M. C. A. HALL.
Every night ut 3 oxoopt Thursday.
MESMERIC MYSTERIES.
PROF. JOHN REYNOLDS
\Vldoly recognized as Uio greatest llvln ;
MESMERIST.
Admission ! 5o ; resorted beats DOc. Scats on
lalo at C'liaao & Kddy'a.
"
GW , Williamson , M,0 ,
SPECIALIST
WHY LIVE AN
UNHAPPY
LIFE ?
2 ,
If ten .r. iiir rl.r fren J ef Ih * followli. . illnoll U
COldelpllr , tinlcooioll , ptrm lll7 f ° T "j '
ERA MEDICAL AND
SuRGicALDISPENSARY
Prlvato.Chronlc.Ncrvoua ilUrnnc * no mat
ter how louc HtandliiKT , Bexunl ( lUordrn
perniuncntly nml quickly cured. I'lle * , ru
tula uiul Itectal Ulc r cur -il wltluiut pain
ordetuntlnnfromliuiilnrKH. llydrorcle.Vnr-
Icoccle and VitrlcoHO Ulcers ciireilpromptlj- .
HyplillU coiniilctely reniovrd from the ey -
toin by our latest anil Improved vi-gctablo
reiuadles ut ono.tentli tlio rout ofu lnirt
visit to the Hut Springs. Cures permanent.
Advice frro. Bend So Bluuip f
Treatment by Stall.
: *
* >
Take a Trip
around town some day take a
peep intoths different shoe shop
windows go in and look over
the different lines of shoes ex
amine them closely see how
they're put together what they're
made of whether they look old
and shop worn or not-in a word ,
postyourself on the shoe ques
tion. After you're pretty well
posted , strike out for our shoe
room look over CUM ; shos stock
ask questions ( our shoe men'll
answer'em as fast as you can ask
'em ) see if you don'tseoasggod
shoes here as you've seen anywliara-just as many shapes
as good styles and as large a variety to pick from you be
you will. Then ask about the prices. You'll find the same
kind of prices that wa've built up our business on. You'll
find a genuine full stock American calf shoo , made
with th ? genuine Coodyoar welt , at two dollars and
fifty cents. You've probably seen the same shoe at four
dollars ( but they called it hand made * . You'll find the finest
American calf shoe that you've run across at three-ninety
and the man that's writing this "ad" knows they're wearers
for he's standing in a pair of 'em that he's worn over nine
months ( nights not include : ! ) . You'll see shoes
At SI 25 that are made with solid leather insoles and
.
t + fA.iw
counters.
At $1.65 thataremadeof substantial casco calf.
At $1.85 thataremacleof full stock calf wJth dongola tops
At $2 25 that are made of solid American calf-made in the
same factory and of the same stock as a certain
widely advertised best-on-earth-threa-dollar-
shoe , " but we have 'em made better.
You'll see the finest line of fine footwear at four-twenty-five ,
four-seventy-five and five-dollars-and-a-half that you've seen
anywhere , and they're from two to two-and-a-half loss in price
han you've seen their equals.
Foot Note If they don't wear well we make 'ejrigive you
new shoes free or your money back.
Dollar a. Day
( And Hoard YnuiEolf. )
A PI'LY nt once to the
underslpnnd if you I'P MOATIONB
wp.nt desirable hotel uc- must ho made before -
comnifiil.itIons whllo at fore March laltoscouro
the WOKMVS FA I It thoHl OOratu for room
Kooms , vflthoiit uoird , at the WOULD'8 KAIU.
$1.00 per eluy. T ho G. N. Hpcchil rutos to clubs.
W. llolol IB within a fw Hemombcr the usual
blocks of the entrance contract rate for no bot-
and one block from the tir accommodations is
Illinois Central Kail- from $1(0 ( to 1.1.00 a day
way , so that Cemtr.il lor further Information
Chicago can bo reuclio : ! call on or address iho
In u few minutes , el.ii o.
night.
GEO , M. NflTTIHSEB , Room 111 Chamber of Commerce , QEflAHA , HEB ,
181(3 Street , Omnha , Nob.
Tlio eminent specialist In norvoni , c'ironic prlvnto , liloort. rlsln ami itrlniuy dlsouoi A regulir ait
. . mill IrJ itlnt U'l ' til > gr.rn.iit s ic-
rCRlitcrcd erniltinto In m llclno. ns ill plum \i unit oartllle.itui nlioiv. la
. ml nil f irmior urlr t'ti ills-i so inireu-
cots catarrh , lonnianliood ja.nlnil w minion , nlulit Ijnoi ;
ryined Now troatiuont for lo < 3 of vital piwjr I'arilo. uinh'J 11 v.nt iiu inir l traml iU houilij
corrojpon'lonco .MoJIclna or Instrinnanti suit by in ill or o < | irpn > > irj j- ic e J I , n 1 111 irci ti > In lo it i
.
fro . 1 1 l iai . - nflr i. >
jontonUornondor. Ono pi'M-malmum j r pr3MriM 1 c iiMitltUUi ; lorrJip Jt.-l3tlr
HooMJIysterlojof Ufo > ionifrjj O.H-'sliu IM Ja ni to'Jpui ' SaaJ lyt IJ J.ri U ) U n01 IU i n.iforroplr
DEFORMITY BRACES
Elastic Stocking
$ Trusses ,
Crutches ,
Batteries ,
Water Bottles ,
Syringes ,
Atomizers ,
Medical Supplies
ftLOE & PEHFOLD ,
114 S,15t'iV. , ,
Next to Postofflcs
DR.
McGREW
Trie SPECIALIST.
Is nnsnrpnBfloil in the
treatment of nil
PRIVATE DISEASES
ami nllWeaknenMrij
ami Dlsordxri of mi.ll
18 yearn espencnro.
Wrlto for circulars
mid quontlnn list free.
14th nnd Pnrnnra SU. ,
Omaha , Not ) .
/ / . s. uisi'osrroKV , OMAHA , nun.
$100,000
Surplus . $05,000
cmceri and IHreclorHenrr W , Vata , p
II. C. CuiblnK. vice prmld nii U H. MiarloJ. * V. V
Horio JolmH. Colltoi J , N. U. Patriot , 1 < J H a
Ueed , caibltr.
caibltr.THE IRON BANK.
. HIRSCHBERQ
HUH : ipp"l.iti <
Mlix Mejcr &
llru. Co. Hutu
HK < 'ntR for 111 *
t r
* & * * * J AC'S. JSL niiiiiiaml mill
;
S | OC
ln l < iH lira
l to
unrriiot liny
In tlia
t'ji'H cnriililo
liy III" tlio o |
pycr (6 ( Bra , Co. ,
Solo Agouta for Omaha.
"STRENGTH , VITALITY , MANHOOD
* W. II. I'AIUCI'H , BT. I ) . . No. 1 Uiilllnrli t. ,
BOSTON , * ! > ' < . , cMrf roniulllnl plu/ticinn of tnt
wan ownrilfil Ilio ( loin JimiAI. liy the
. . .
KxhnutteJ Vitality , Alrop j , tfrrrau nml I'lil/m t
JlMUty , und all Jlttea , t nnd ir.viA nt Jinn ,
niinfO t''o ' ' younv , the nititiilt-ageil nnd olu ,
lit rl\ ( I'on'iiltatlon In jn-mon or by letter ,
UUIIL.U j'ron.iicliiH , with Imtlmonlnln , I'llIJlC ,
I.nrno look , S01KNGK Ol' ftlVi : , OK RKI.Pi
l > Jti.SKItVATf : OK , SOO pp. . 125 Invaluable pro
criptlonn. full Kon'v 41.0(1 ( by null ,
Teeth KIlUl Will
out Ham b/
tlon.
Tooth Extrnctod Without Hnln or
Dansor.
A Full Sel of Tcdli on ItaMjr for $5.1) $ ) .
I'erfoet nt eunrtnlooil Tooth oKlrtcfJl la tin
morning New oiigt IntartoJ la ttio uru.ilnf ot ta 14
bee ipeclmcni of llemornblo llrlilitr
tee tpeclmnni of Flexible Klmtlo I'll' )
All work nurranloil as repratoatal
Office Third FloorPaxton 3lo.vc
Tclophona ItKi. intu and Knrniai Sti
Ttko clurator or ttalrwurfrom tUtlt it. onrnil.
RIPAM8 , TAnULRS rigtitat * ; ;
tliu iluiivAclj.lltcruuib.mili. purl.
Ir the Mood , ore Mfo onilnrwlu ll
Ituu licrt iD ulclno known for blllouiv
niu , ronitli atliiu , dj rptU. foul
tiruth , tjHKl rli , ) . tieartlmrn , Ion o ( .
apItoUtu , tftvotal uepreh.lou , | Aljiful i
mtfvttlnn. ptmplet , wllow roiajles
Icm.nucleTerTnluMiicrrinlUiitffrotnf
Jlropurn Uaod , or Itlluro tjf llw tonuch , liver or InJ
Uttlnri KMTforui tUlr proper runcllGni rtrioui *
Virlreo to < mr uttna arr Uneflleil hy Uklnvon njur J
VtMli mial. I'rtn ) bj m U , I KTOM , I wuupj . 160. I
2"llll'ANS CIIKMfOAL eio. , IOJpruf ( iSt. . > .tw York 1
