THE OMAHA DAILY BEE : TfitrRSDAY , MARCH 8 , 180-1.
AGAINST AUDITOR MOORE
Commissioner General Qarneau's ' Judgment
Sustained by the Supreme Court-
LONG DRAWN OUT CONTROVERSY SETTLED
\ 1'rlccn I'nlil for I'tirnlslilni ; tlm Krlirnohn
IVorM'i j'i lr Ihillillni : nit I.mv Clr-
ciiinntiiiioct Would JVnult
to Jlu lloniiii'd.
LINCOLN , March 7 , ( Special to The
Bco. ) The lonB-drawn-out controversy bo-
twccn Auditor Miooro nnil Commissioner
General Oanioan was cmlcil tlila afternoon
by a decision of the miprcma court , before
which the matter had boon brought for final
adjudication. The raso came before the gu-
liremo court In the shape of an appeal from
the decision of the district court In and
lor Lancaster county. The HUpremo court
decided against tha auditor by affirming
the decision of the district court. The
BPounda upon which the _ court decided
ngalnBt the auditor , as well as a history of
the casp , which Is ono of Importances to the
state In future , will bo seen from the brief
summary of Chief Justice Norval's opinion
RUbmlttcd below :
"Tho record before us discloses that
Joseph Oarnuau , Jr. , the commissioner gen
eral for this nlato at the Columbian exposi
tion , entered Into a contract with the Henry
Dibbles company of Chicago whereby the
latter Agreed to furnish certain furniture ,
fixtures and decorations required for the
Nebraska state building and the exhibits
of this state In the various exposition build
ings fur the stipulated sum or J4.000. In
pursuance of vafd contract all of said furni
ture , futures and decorations were furnished
and delivered. Subsequently , under other
' 'contracts with the commissioner general ,
the Henry Dibbles company furnished and
delivered on the exposition grounds for the
use of the state In making Its exhibits cer
tain other furniture and property for the
ntlpulated price of $2,850. The aggregate
of the several purchases Is ? G,858 , on which
there has been paid ? 3G28 and no more. The
claim for the balance of the account was
filed with the auditor , who allowed thereon
$872 and rejected the remainder of the
claim. A warrant was drawn for said last
named sum , which the claimant declined to
accept , but prosecuted an appeal to the dis
trict court.
"Upon the trial In the court below the
auditor dfd not offer anysproof to establish
the first defense interposed. On the con
trary , the evidence Introduced by the other
stdo conclusively established that each and
every Item specified In the claim presented
to the auditor was actually furnished and
delivered by the claimant to Oarneau on
the exposition grouds , and was used by the
latter In furnishing and decorating the Ne
braska state building and In arranging and
making the display of the several exhibits of
this state at the fair. The property and dec
orations so furnished were necessary for
the proper carrying Into effect the act of
the legislature. Nothing further under this
branch of the case need be said.
"As to the form of the voucher submitted
for audit and allowance , wo do not umler-
Btand that the auditor now seriously urges
this objection. As first filed In the auditor's
ofllco the voucher was not In proper shape ,
in that there was no Itcnitzation of the
articles furnished and the prices charged
for each article.
Subsequently , at the request of the auditor ,
the claimant brought Itself within the above
decision , for a detailed bill was furnished
the auditor which was attached to the
original voucher and presented for allowance.
The voucher , with 'the exhibits thereto at
tached , when finally acted upon , was suffl-
clont. There was evidence before the trial
court given by credible witnesses which fully
Justified the contention of the auditor that
many of the prices charged by the claimant
greatly exceeded the fair and reasonable
market value of the goods and property fur
nished , and that under ordinary circum
stances they ought , and could , have been
purchased at a sum which would have ro-
Btiltod In a saving to the Btato of several
'hundred dollars. There la also evidence'
which tends to show that goods of the
character and class furnished the commis
sioner general by the claimant , as well as
most other kinds of goods , were held and
sold In Chicago during the exposition at
extravagant prices.
"Mr. Garncau in his testimony states , with
reference to the purchase of the property ,
that ho submitted plans and specifications for
estimates and bids to five persons in Chicago
and two In Omaha ; that the Omaha firms
stated they could not otter a hid , from the
fact that they could not do so on the de
tails without sending a man to Chicago to
look It up ; that three of the Chicago parties
absolutely declined to bid , stating that they
had more work than they could get done ;
that bids wore received from two firms , that
of the Henry Dibbles company being $80
lower ; that ho purchased the property de
scribed In the voucher at the lowest possible
flguro the goods could bo procured at at the
tlmo the same w'ero bought ; and that the bill
as rendered the state was the contract prlco
agreed upon between , the witness and the
cinlnuint. Upon the conlllcting testimony the
trial court derided against the stato. Aa
already stated , all the articles charged In the
voucher were furnished under express con
tracts , the prices being at the
tlmo agreed upon. There la no
charge of fraud or collusion between Mr.
Qarncau and the claimant In the transaction ,
; or Is there a particle of evidence In the
record upon which such a charge could bo
liredlcatod. Mr. Garnoau was the represen
tative or ngont of the state , and as such ,
by virtue of the act under which ho was ap
pointed , possessed the power or authority to
purchase the goods In question , as well as
appoint assistants and employ such clerical
and other help deemed necessary for the
prosecution of the work. The state , In the
absence of fraud , Is bound by the contracts
under which the property wan furnished. It
Is an elementary rule that a principal Is
bound by the acts and contracts of his agent
within the scope of the agent's authority.
And wo do not know of any reason why the
sumo rule should not apply to the state as
well us an Individual. Had no prices been
agreed upon , then the state would have been
liable for the fair market value of the goods
and no more. The decision of tha district
court Is affirmed. "
The other Judges concur ,
Indiana Turn Illglnvnynicn ,
DEOATUH , Neb. , March 7. ( Special to
r
"Tttti Doe. ) Last Thursday White Weasle. an
Indian living on the reservation northwest
of this place , started out with the intention
of doing Boiiio trading at Dnncroft. When
only a llttlo way from homo ho was accosted
by two Indians , known as Henry /ind
Stephen Walker , who demanded that he
halt and give up his money. They were
Informed that ho had no money and ex
pected to get credit nt Uancroft for what
groceries ho wanted for his family. The
assailants then demanded that Wcaalo give
them whisky , but this request , too , was im
possible to grant. They then attempted to
take the team , but meeting with resistance
they throw him from the wagon , breaking
both arms. White Weaslo then ran to a
honso near by and attempted to keep out
the two men , who had followed him , but
they wore determined to finish their victim ,
i and throwing him from an upstairs window ,
* vho foil to the ground In an unconscious
state. Not yet satisfied they struck him
several times with a hatchet , leaving him
for dead. In the meantime his wife , at
tracted by the notso , had followed and found
her husband. It Is reported that arrests
have boon mailo and that the offenders will
bo brought to Justice.
KHlBil AVIillo Hunting Duck * .
HOUmiOOB , Neb. , March 7 , Special Tele
gram to The nee. ) K , I. Anderson , a farmer
living nine miles northeast of Holdrcgo , was
found dead In his cornfield today , having
shot himself accidentally. Ho was 20
years of ago mid lived with his brother. Sat
urday night ho took his gun and tmtd that he
was going to aoo n neighbor who lived two
or three miles distant , and that was the last
coon of him alive. Tuesday night his brother
wont after his cattle and found Emit dead
In the field. He evidently was hunting ducks
on his way and had a dead duck firmly
.jr traaped In his left Imnd. In hU right ho had
i\ts gun , with both barrels discharged. He
* Bvldoutly was leaning up against the gun at
c Ma right aide as the charge of shot entered
under hi * right arm end en mo out at the
back of his neck near the spine. Death was
Instantaneous ,
The 9-year-old son of Peter Plorson , while
wrestling , had his right arm broken at the
shoulder Joint. _
Fugitive ) Cnpturril ,
FHEMONT. March 7. ( Special to The
Dee. ) One W. f\ Baker , who took up his
residence In this city about two WCPH ! ago ,
was arrested yesterday by Marshal Nelson
In compllnnce with ft dispatch from Sheriff
Baker of I'arsons , Kan. , on a charge of
criminal assault committed nt that place
February 18. Ho was committed to Jail to
await the Kansas officials ; who arc expected
today ,
Ono Frank nipley Is In the city Jail await
ing the sheriff of Douglas county on a charge
of bastardy.
A complaint from the Woman's Christian
Temperance union was filed with the school
board against the Janitors of the district
smoking about the school houses. They
were ordered to abstain from the habit dur
ing school hours.
Ilov. Father Fitzgerald la In receipt of
a letter from an anonymous source warning
him that there hi a plot on foot to nssast-
nlnate him. The communication appears to
lie In a lady's hand and states that she
overheard two men discussing him and ono
of them declared that his death had been
determined upon. The reverend gentleman
does not appear greatly concerned over the
matter and cannot conceive of the threat
ened violence.
A largo delegation of Fremont Odd Fol-
IOWK wont up to Leigh last night to demon
strate some of the eicellont work of Cen
tennial ledge to the lodge at that place.
Fred Do Lamatyr and wife left for the
Pacific coast this evening to visit friends
and relatives In that locality. A. Trues-
doll and wife will leave In a few days.
School Teacher Under Arrest.
IJEATUICE , March 7. ( Special Telegram
to The Dee. ) Cyrls I ) . Miller , a young man
who has been teacher In the Qago county
schools for some time , was arrested and
placed in Jail last night to answer to n charge
of stealing two horses , two carts , a lot of
lard , hams and canned fruit , nil the articles ,
except ono horse and cart , being taken
from the premises of Ed Acorn , near Flllcy ,
and the other horse and cart from W. W.
Harnhouse of Adams. Miller does not deny
his guilt and expects a term In the peniten
tiary.
The southwest Nebraska Grand Army of
the Republic will hold Its annual encamp
ment In this city tomorrow. Leading mem
bers of the Grand Army of the Hepuhllc
throughout the state are booked for speeches
at the camp fire to bo held In the Auditorium
In the evening
John I'arUcr , found guilty of incest , his
daughter being the , victim , was sentenced
this afternoon In the district court and will
spend six years In the penitentiary.
.Murphy Hound Over.
FULLERTON , Neb. , March 7. ( Special to
The Bee. ) George W. Murphy , the young
man who shot and seriously wounded Charles
W. Halley , a young farmer In Prairie Creek
township , this county , Sunday , was given a
preliminary examination In Justice Dean's
court today. Murphy was arrested by Con
stable Parker Immediately after the shooting
occurred and taken before Justice Ginn of
Prairie Creel ; ! , before whom he pleaded
guilty to the shooting of Bailey. About
this tlmo Sheriff Snyder arrived on the scone
and the Justice turned the criminal over to
him. From the evidence adduced the court
concluded that Murphy was not a safe
man to run at large , and held him to the
district court and fixed his bond at $1,000 , in
default of which ho stands committed to
Jail to await the convening of district court.
Physicians report his victim in a serious , but
not dangerous condition.
Prutty AVrihtlng nt Alila.
ALDA , Neb. , March 7. ( Special to The
Bee. ) Last night the residence of Mr. and
Mrs. John Flelsher was the scene of one of
the prettiest weddings In this part of the
country for some tlmo , the participants being
Mr. George Crawford and Miss Ida Flelsher
of this city. The ceremony was performed
by Her. Mr. Martin of Grand Island. The
bride was attired in a very becoming dress
of brown silk. After the ceremony the
guests were treated to an excellent wedding
breakfast. Those present were : Mr. and
Mrs. John Flelsher , Mr. and Mrs. J. W.
Modorltt , Mr. and Mrs. G. E. Crawford , Mr.
and Mrs. Charles Moderltt , Mr. and Mrs. C.
A. Judy , Mr. and Mrs. J. M. Clark , Miss
Mary Mahoney , Elmer FlelsherV. ] . H.
Flolsher.
Mr. and Mrs. Crawford took the evening
train for the cast , to be gene for some weeks.
Foul I'liiy Suspected.
BEATRICE , Neb. , March 7. ( Special Tele
gram to The Bee. ) Coroner Fletcher has
been called to Cortland to hold an inquest
over the body of E. Cressley , who died sud
denly and under somewhat peculiar circum
stances last Saturday. It Is believed by
some of Cressley's neighbors that the old
man was put out 6t the way after having
been prevailed upon to make a transfer of
the title to his farm to a step-son. Since
the death occurred the deed has been pre
sented for record , and an order has been
obtained from the district court restraining
tho" register of deeds from reclndlng the
same , there being some irregularity In the
acknowledgement. It Is not expected that
the Inquest will be concluded tonight.
O'JfoIll Impeachment Cnsn.
O'NniLL , Neb. , March 7. ( Special Tele
gram to The Bee. ) In the Sklrring Impeach
ment case nothing of Importance occurred
today. The entire day was spent in taking
testimony , a largo number of witnesses
having been examined. It is the opinion
among those who have heard the case that
the plaintiff has not proven the charges
made. The evidence was all in at 5:30 : , and
the board adjourned until 9 o'clock tomorrow
mornliiK , when the attorneys will make
their picas and the supervisors will probably
take a vote tomorrow afternoon.
Closi-il on H
TALMAGE. Nob. , March 7. ( Special Tele
gram to The Boo. ) The Central roller mill ,
owned and operated under the firm name of
J. O. Tangeman & Sana , was closed this
morning by Sheriff Huborle. A mortgage
deed was filed yesterday at Nebraska City
to Eccuro a claim of $7SOO against the mill
by Becker & Tangoman of this place. This
no doubt precipitated attachment proceed
ings which wore commenced today by sev
eral parties. The liabilities are estimated
at $15,000 , and the mill property Is valued
at $16,000.
u I'nfttmititer Krnlii ( .
NEBRASKA CITV , March 7. ( Special
Telegram to The Bee. ) Postmaster F. E.
Ilelvey today sent his resignation to the
department , to take effect April 1. Mr.
Helvoy will assume ton secretaryship of the
Nebraska Live Stock .Commission company ,
with headquarters at South Omaha , as soon
as relieved. His designation has caused a
scramble among democratic aspirants for
the place. _ _ _ _ _ _ _ _ _ _
' York Knterlnlninrnt.
YORK , Neb , , March 7. ( Special to The
lice. ) The cantata "Roso Maiden" was given
tit the Congregational church Monday and
Tuesday evenings by the local talent of this
city. Sixty voices , under the direction of
Prof. J. A. Parks , and accompanied by Mrs.
Mnbol Jcfforay. rendered the music to the
satisfaction of the moat critical.
Old Ho1dl.Tl.aIil to Host.
DAVID CITY , March 7. ( Special to The
Doe. ) The remains of John I , Nelson , who
died at Knoxvllle , 111. , wore burled here to
day. The funeral was conducted by the
Masonic fraternity , the Grand Army of the
Republic acting as escort , the deceased hav
ing been a member of the post here a num
ber of years ago.
Klckrit by n Horse.
GRAND ISLAND , March 7. ( Special to
The Bee-D. ) A. Rice , living seven miles
northeast of Grand Island , was kicked by a
horse last evening while loading another
animal , The Injury is so serious that It
may prove fatal.
Tliruo lit u Tlmo.
OVERTON , Neb. , March 7. ( Special to The
Bee. ) Mrs. Otto Anderson of Logan pro
duct gave birth to three handsome baby
girla last night , weighing flvo and one-quar
to r pounds ouch.
llurrUun Hunk Failure.
HARRISON , Neb. , March 7. ( Special Telo-
gratn to The Bee. ) The doors of the Bank
of Harrison wcro closed today , and that In
stitution Is now In lh * Tmnds of the State
Banking Board. Liabilities about J 1,000 ,
with resources doable that amount. The
depositors will not lose by the failure.
SUPREME COURT SYLLABI.
Point * 1'iiBic.l on } > y the Court In Deriding
C'n m Appealed.
Following are the syllabi of the decisions
handed down by the mipromo court at Lin
coln Tuesday :
Ucal against Honey. Error from Fillmore -
more county. Reversed. Opinion by Chief
Justice NorvnI.
Where- plaintiff to an action is desig
nated In the pleading and process by the
Initials of his Christian name , It Is not error
for the court to allow him to amend by In
serting his full Christian name.
2. An action should not bo dlxmlssed be
cause the plalntlfPa full first name is
omitted from the title of the cause , until an
opportunity has been given the party to cor
rect the defect by amendment ,
3. The statute confers no authority upon
n Justice of the peace to sign a bill of ex
ceptions In an action tried before him with
out a Jury , nor can the evidence adduced In
such a caeo be reviewed In the district court
on petition In error for the purpose of de
termining whether It is sufficient to sustain
the Judgment ,
4. In order to review the question of taxa
tion of costs a motion to relax the costs
must bo made In the trial court , and a rul
ing obtained thereon by that court.
Barry against Barry. Error from Dakota
county. Affirmed. Opinion by Chief
Justice Norval.
In case nn appeal Is taken from the county
court to the district court , except In mat
ters of probate Jurisdiction , the appellant
must flic , or cause to ba filed , with the clerk
of the district court of the proper county a
transcript of the proceedings on or before
the thirtieth day after the rendition of the
Judgment , and In case such transcript Is not
so filed within the thirty days the district
court , upon motion of the nppellc , may dis
miss the appeal and remand the cause to
the county court , to be there proceeded In
as If no appeal had been taken.
2. Affidavits used on the hearing of a
motion In the district court , to be available
In this court , must be Incorporated In a bill
of exceptions.
RoRgoncatnp against Hargrcavcs ot al.
Error from Lancaster county. Affirmed.
Opinion by Justice Harrison.
The evidence In the case examined and
held sufficient to sustain 'the verdict.
2. Objection to an instruction given by
the court on Its own motion considered
and held , that when taken In connection
with an Instruction given at request of de
fendant to so present the Issues In the case ,
that although such Instruction may have
been defective and Indefinite Its giving was
not prejudicial to the rights of the defendant.
3. Objections to the verdict of the jury
In this case considered and held , that the
verdict was not so deficient or erroneous
In either form or substance as to call for n
reversal of the case and that It was proper
and correct for the Jury In the case , It
being on against the Individual members
of a partnership on account for articles
of merchandise furnished to the firm , to
return a verdict against one defendant or
member of the firm alone and that the
court did not err in rendering Judgment
on such verdict.
4. Objections to the form and terms of a
verdict should bo made in the court below
at the time of rendition In order to bo
available on error to this court.
5. In an action against the Individual mem
bers of a partnership on an account for
merchandise purporting to have been fur
nished to the firm. If the testimony shows
that the articles were furnished to one of
the persons composing such firm-that the
debt sued for was the individual debt of
such member or person , a verdict may be
returned against such member , and judg
ment rendered thereon against him alone.
Mollyneaux against Wittenberg et al.
Error from Clay county. Reversed and re
manded. Opinion by Justice Harrison.
Where real estate consisting of certain
lots and the buildings thereon is sold , and in
the granting portion of the deed conveying
the same a clause Is Inserted stating that
the property Is not to bo used for hotel pur
poses for two ytears ; held , that such re
striction as to use of the property bong | a
limited one , was valid and not an unreason
able restraint of trade In view of the facts
developed by the pleadings ( the case having
been decided upon the pleadings alone ) , and
that such agreement was not within or
covered by the prohibitions or provisions of
chapter Ula , entitled "Trusts , " Compiled
Statutes 1893.
2. "A plaintiff , In replying to new matter
sot up In an answer may allege new matter
not Inconsistent with the petition consti
tuting a defense to such allegations con
tained In iho answer. " Cobbey against
Knapp , 23 Nebraska , 579.
3' Where a breach , by defendant , of an
actually existing contract between plaintiff
and defendant Is proven , plaintiff Is entitled
to at least nominal damages.
4. The pleadings In the case examined and
hold that the court' ' erred In sustaining the
. -motion of defendants for Judgment upon the
ple-adings and in rendering Judgment for
defendants thereon.
Aldrlch against Bruss. Error from Nance
county. Alfirmed. Opinion by Commissioner
Ryan.
An appeal from the county court to the
district ootirt should be .dismissed upon
proper motion when the transcript was not
filed within thirty days from the date of the
Judgment and no reason Is shown for the
delay. Following Maggard against Duyn ,
3C Nebraska , 862 ; Barry against Barry , de
cided this term.
2. Affidavits used on the hearing o a
motion in the district court cannot be con
sidered In the supreme court unless em
bodied In a bill of exceptions. Following
Maggard against Van Duyn , 36 Neb. , 802 :
Barry against Barry , decided this term.
Slado agalnst'Sweedberg Elevator company.
Appeal from Saunders county. Alfirmed.
Opinion by Commissioner Ryan.
A compromise of honest differences where
by a less sum than that claimed has been
paid and accepted In full of plaintiff's claim
bars the right of plaintiff to insist upon a re
covery of the amount originally claimed by
him.
2. Where there Is sufficient evidence to
justify a finding that there has been an
executed compromise of all differences be
tween the parties to the action , the Judgment
of the trial court will not be reversed.
St.Clalr et al. against Scdgwlck et al. Appeal
from York county. Affirmed. Opinion by
Commissioner lyati.
An action against ono in possession of real
estate to restrain alleged commissions of
waste thereon was properly dismissed when
the court found from the proofs that no waste
had been contemplated or committed by
either of the defendants.
2. Where one has Instituted proceedings
to prevent the commission of waste upon
real property and for general equitable re.
lief , and the defendant In such suit who has
pleaded and proved his rightful possession
ot certain nursery stock growing on the
premises to secure part of the purclwsa
price of said stock remaining unpaid ; held ,
that the court In conformity with the prayer
of said defendants answer properly decreed
that such nursery stock should bo sold on
execution to pay the'amount found remain
ing , due.
Omaha Street Railway company against
Qralg. Error from Douglas county. Affirmed.
Opinion by Commissioner Ragan.
When a given state of facts Is such that
reasonable men may fairly differ upon the
question as to whether there was negligence
or not , the determination ot the matter Is
for the jury ; but where the facts are such
that all reasonable men must draw the same
conclusion from them , the question of negli
gence Is ono of law for the court , G. T. R.
Co against Ives , 144 U. S. , 408 ; and authori
ties In support of this rule collated In opinion
followed.
2. Whether alighting from a moving train
constitutes negligence or not Is a fact to bo
determined by lha Jury , talcing Into consider
ation all the circumstances In evidence In
the case.
3. NegllKenco Is a failure to do what rea
sonable and prudent 'persons would ordi
narily have done under the circumstances
and situation , or doing what reasonable and
prudent persons , under the existing circum
stances , would not have dona.
4. Plaintiff sued the defendant , n. street
railway company , for damages for Injuries
she alleged she sustained through the negli
gence of defendant's servants , while a pas
senger on It : ) cars , The car on which
plaintiff rode was an open one , having seats
crosswise and on either stda a platform on
which persons stepped In entering or leaving
tha car. At the end of each seat was an up
right provided with a handhold. Plaintiff
testified that on entering the car she In
formed the conductor that she wished to
nllghl at COBS street ( If Which ho answered :
' Yes , ma'am , " that \V1ion the car reached
the Oasa street crossing Mio rang the bell ;
the grlpman applied the brake and brought
the car almost to a Btfrr.'rt'.itill ' ; that , thinking
It would slop every Instant without using
the handhold she stepped on to the platform ,
preparatory to stcpplng.nn to the street , when
the car came to a full stop ; and while In
'
that position and 'fceeti by the grip-
man , ho released tile brake and sud
denly accelerated then car's speed with a
Jerk , which throw plaintiff onto the street.
Hold , (1. ( ) Whether plaintiff was guilty of
contributory negligent In stepping onto
the platform of tha car while In motion ,
and In not using the handholds on the up
rights. were questions , of fact for the Jury.
(2. ( ) That the jury's finding that plaintiff
was thrown from the Ulittform by the cause
and In the manner she testified would not
be sot aside as not supported by the evidence
because wo witnesses testified that she
stepped from the platform onto the street ;
nor because two witnesses swore there was
no sudden acceleration of the speed of the
car , and three witnesses swore that they
did not observe any.
C ° Urt " wish
wi"not conflicting
, C , ° rtIlln .lnstrucjlo"s Blven by the trial
approved ° Ut ' " the ° ) llllon nnd
nmi f/'wPrcKslona / ns "slight" negligence
and "
"slight want of ordinary care" should
never bo need In Instructions to Juries as
such expressions tend to obscure nnd confuse
what should bo stated In plain and concise
language.
8. To qualify a person to act as a Juror ho
should not only bo unbiased and unpre
judiced against all parties to the suit , but
he should stand indifferent as to the success
of either party thereto ; and a person called
as a Juror who testifies that his acquaint
ance with ono of the parties will Interfere
with his Judgment and finding In the case
should bo excused.
Hunzlnger against State of Nebraska.
Error from Douglas county. Affirmed.
Opinion by Commissioner Ragan.
The proviso In section 1 , chapter 1
Compiled Statutes 1S93 , that "provided such
( county ) board shall not have power to Issue
any license for the sale of any liquors In any
city or Incorporated village or within two
miles of the same , " Is not obnoxious to
any provision of the constitution because
the Inhabitants living within two miles of
the corporate limits of the cities nnd vil
lages of the state , situated In counties not
having 150,000 Inhabitants , arc , by such proviso
vise , deprived of the privilege of having
the sale of llquois licensed within their ter
ritory. Pluouler against State , 11 Nebraska ,
547 , reaffirmed.
2. The legislature , In the exercise of the
police power of the state , may not only con
trol the license and sale of Intoxicating
liquors therein , but may entirely prohibit
such license and sale.
3. The proviso in paid section 1 , In said
chapter 1. that "provided In counties having
150,000 Inhabitants , the county commis
sioners may also Issue 'licenses within two
miles of any city In said county , " Is not
obnoxious to section 15 , of article Hi of the
constitution as assuming to "regulate county
and township offices ; " nor Is slad proviso
obnoxious to said constitutional provision
as class or special legislation.
4. An act of the legislature will not bo
declared special legislation , within the mean
ing of the constitution , solely because at the
tlmo of Its enactment there was only ono
county Jn the state to which Its provisions
were applicable. If the law Is general In
Its terms and restricted by Its terms to no
particular locality , an operation equally
upon all of a group of objects , It Is not a
special law. McClay 'against City of Lin
coln , 32 Nebraska , 412 | ( followed.
5. To an Indictment , for selling liquors In
this state without a ifceiiso It Is no defense
that such sale was made at a time or place ,
or under circumstances which rendered the
procurement of a license Impossible.
Soehl against State. , , Error from Douglas
county. Affirmed. 'Opinion by Commis
sioner Hasan. '
On authority of Hunzlnger against State ,
decided at this term , : the judgment in this
case Is affirmed.
Shannon agaliibt Stale. Error from Doug
las county. Affirmed. > ' Opinion by Commis
sioner Ragan.
On authority of HuiTzinger against State ,
decided at this term , the judgment In this
case Is affirmed.
Rowels against State. Error from Douglas
county. Affirmed. Opinion by Commis
sioner Ragan.
On authority of Ilunzlnger against State ,
decided at this term , the judgment In this
case Is affirmed. x.
SUED T11KM TO 31USEE.
Jtloore ISakcr Turns Over the Tied Whereon
II lu AVIfn Wag Murdered.
NEW BRUNSWICK , N. J. , March 7. Rep
resentatives of a New York museum visited
Franklin park .yesterday to secure the bed
room effects In the house of Moore Baker ,
where his wife and child were murdered by
Wlllard Thompson and Henry Baker , alias
Plcrson , who wore In turn killed by the fren
zied husband and father. Mr. Baker , without
any show of feeling , took down the bed and
crib , rolled up the bed clothes and his wife's
night dress and turned over all the articles ,
together with the axe and shotgun , to the
museum representatives . Ho was paid a
round sum for the effects. Baker had In
tended burning the things , but was prevailed -
vailed on not to do so. The scene of the
tragedy will be represented with the figures
In wax.
To Tnlco in the Troy Trouble.
ALBANY , March 7. Senator Mullln today
Introduced In the senate n resolution provid
ing that the senate committee now Investi
gating-tho elections In cities shall have their
power extended so that the election In Troy
and the murder there yesterday may bo in
vestigated.
1'KltSOX.ll ] ' .UCAIJCAI'11S.
f
J. G. Tate of Kearney was at the Mlllard
yesterday.
S. J. Johnson of Mtnden Is stopping at
the Merchants.
George Rogers of Lincoln was at the Ar
cade yesterday.
B. J. Rogers of Grand Island Is registered
at the Merchants.
W. C. Davis of Lincoln was at the Mer
chants yesterday.
O. M. Walling of Leigh patronized the
Arcade yesterdiy.
Alex Johnson of McCook was on Arcade
arrival yesterday.
C. C. Clapp of Shelby , la. , was at the
Mercer yesterday.
Q. B. Pollard of Cambridge stopped at the
Arcade yesterday.
E. A. Mlllay of Springfield stopped at the
Arcade yesterday. ,
J. II. Erford of So yard stopped at the
Mlllard yesterday.
E. S. Clark of Stamford was a Dcllono
guest last evening.
S. M. Novtns of jCearney was a Paxton
guest last evening ,
T , F Shecdo of Sojvard patronized the
Merchants yesterday. ,
C. E. Brady of Fullerton stopped at the
Merchants yesterday. ) '
F. F. Turner of .Cjiadron registered at
the Dellone yesterday , ,
W , F. Clovlnger oE Alnsworth was an
Arcade guest yesterdajf !
'
John S. Hoover of'I uo Hill was a guest
at the Mercer yesterday.
A. A. Abbott of Grand Island registered
at the Paxton yosterdiV , '
'
J. J , Buchanan of'Hastings registered at
the Merchants yeste jlay ,
F. H. Connor of Crete- was among the
Paxton arrivals yesterday.
Miss Rose Dicker has returned after an
extended trip In the south ,
L. J , Declus of McCool Junction was a
Merchants guest yesterday.
Griff J. Thomas , wife and son , of Harvard
registered at the Paxton yesterday.
Clay Lambert of the Ole Olson company
registered at the Mercer yesterday.
C. W. Pierce and J , M. McClay of Lincoln
registered at the Mercer yesterday.
E. C. Clapp , president of the Citizens bank
of Shelby , la. , was In the city yesterday ,
S , A. Scrailton and wife of Gothenburg
wore registered at the Arcade yesterday ,
Frank E. Helvey and 0. C. Morton of Ne
braska City were stopping at the Arcade
yesterday ,
John Skinner , J , S. Doffer and A , Ras-
mussen of Herman wore reglutered at the
Arcade yesterday ,
inn .tvi'KAr ron
Threatening Letter Writer Ilctnjnti SeiuM
Another Kpl tln to the I'reMdont.
BALTIMORE , March 7. Joseph Donjan ,
who was ( sentenced to eighteen months in
the Maryland penitentiary for sending a
threatening postal card to Vlco President
Stevenson , 1ms written to President Cleve
land asking for pardon an follows :
"Begging pardon for addressing you BO ,
but I feel as only ono who Is Innocent
can feel. The old question over again
why U John Sherman la honest did ho not
appear against me , or why was I not tried
before the senate ? Now , for Justice's sake
read over the letters written by me to the
different senators , also to yourself , and say
If I was not willing to prove with legal
ot'ldenco anything that looked like a charge.
I say now cursed bo the hour when I en
listed myself In such service. I say cursed
bo my own brains for having thought them-
nelves more Intelligent than the thought ot
the population of the United States , and I
say devil do I care how many Crokcrs , Sher
mans , etc. , move this country when Intel
ligence Is a worse crime than stealing n mil
lion.
lion."Will I also find nn obliging president
that will let mo off when I humble nnd
degrade myself so that I am willing to
nwear that I shall never try to serve this
Godforsaken and sacred bocloty-blessed
country of liberty ? I promise to never
wrlto a newspaper , or will I otherwise bring
myself In the foreground unless It Is to
servo my own Interest without disturbing
other people. Liberty Is health to mo.
Confinement will soon prove my destroyer.
I ask mercy. "
Ho ieiuest.i | MRr. HntollI to I'rny for HU
HulTurlng I'lock In l.epinlo. ;
BUFFALO , March 7. Bishop Coxo has
written another letter to Mgr. Satolll In
which Iff says , the next presidential contest
will not turn on silver bills and custom
houses and nominations to office.
"All signs point to n restoration of the
land of Washington to the maxims ot Wash
ington and the constitution as he nnd his
contemporaries understood It. They have
had enough of your gratuitous expositions
and too much of the practical commentary
upon them furnished by your allies ; by
Messrs. Shccan , Hill nnd Maynard , vs the
American people. "
The bishop then devotes two columns to
the discussion ot the Jesuits and closes as
follows :
"With all my heart I wish you the bless
ings of. God It you ore now disposed to reflect
upon your great commission as u Christian
bishop. Do let our politics and politicians
alone and , at least , do pray for your suffer
ing flock In Lepanto. That there Is such a
flock and that your archbishopric Is not
imaginary , I have assumed to bo the case.
If It is n reality those ancient canons nnd
constitutions ot the church which arc still
honored and exemplified in my religion ,
might Justify an Inquiry. Why do you not
reflect that a good shepherd has no right to
be absent from his flock so long ? "
SHE STAUTII\ ix K
i\triordlmry ; Career-of 11 Wonmn of Only
Twenty-One Wars.
BOSTON , March 7. Mrs. Harriet F.
Belcher , the wife of a wealthy Brockton shoe
manufacturer , and Ed A. Stiles , a printer
who has a wife and several children , were
arrested at 47 Myrtle street , where they had
been living as man and wife , and In the mu
nicipal court were held for the grand jury.
The arrest adds another epoch to Mrs.
Belcher's phenomenal career. She la a very
handsome woman about 21 years of age and
was married , when , but 15 yeara old , to C. E.
Belcher.
Her married life was unhappy and she ran
away to this city. She repented and was
taken back. A year later she again ran
away. She carne to Boston and the life she
led has led to the breaking up of three promi
nentfamilies , , In Newton and Alston. Soon
after she eloped with Head Walter David
Roberts of the Hoffman house , New York ,
and spent $1,500 which she obtained from-her
mother.Roberts deserted her In Philadel
phia and she came back here. Stiles mot her
a short tlmo ago , became Infatuated with her
and as a result of numerous quarrels his
wife left him and went to her homo at Blng-
hamton , N. Y. Since then Stiles has been
living with the Belcher woman. Mrs.
Belcher's husband and relatives of Mrs. Stiles
caused their arrest.
KNOWLEDGE
Brings comfort and improvement nn
tcmte to personal enjoyment when
rightly uscu. The many , who live bet
ter than others and enjoy life more , with
lass expenditure , by more promptly
ni. . " the world's best products to
the needs of physical being , will attest
the value to health of the pure liquid
Ir.xativo principles embraced in the
remedy , Syrup of Figs.
ltd excellence is due to its presenting
in the form most acceptable and pleas
ant to the taste , the refreshing nnd truly
beneficial properties of n perfect lax
ative ; effectually civmibing the system ,
dispelling colds , headaches and fevers
and permanently "curing constipation.
It has given satisfaction to millions and
met with the approval of the medical
profession , because it acts on the Kid
neys , Liver and Bowels without weak
ening them and it is perfectly free from
every objectionable substance.
Syrup of Figs is for sale by all drug
gists in OOc andSl bottles , but it is man
ufactured by the California Fig Syrup
Co. only , whose name is printed on every
package , also the name , Syrup of Figs ,
and being well informed , you will not
accept nny substitute if ofl'erod.
SEARLES &
SEARLES ,
SPECIALISTS
TUKA'IMI M' Hi .UAIL.
C'uimimutluu I'reo.
AND
PRIMTS DISEASES
Call on or aodreaa with utninp for circular !
Kico book , rec lpu and nyniptom blanks.
Dr , Searles and Searles ,
Flrit Btalrway outl > of po t office , lloom
,1 Omaha , Nebraika.
VoULDLSICE.
TO LIVE IH THE
SOLD BYALL GROCERS. MADE ONLY BY
We have received a quantity
of fine Checks and Damask
effects in China Malting that
will be opened for early spring
lower than ever offered. You
can cover a rocTm for the least
bit of money and have a most
desirable effect. The prices
begin at lOc a yard for a qual
ity not bad. We have the
Japanese Rugs , too , that finishes
the effect. Call and see them.
Pi
JU.
1414-16-18 Douglas Street
Oma.lia. , Net ) .
t
1
Have you visited our Drapery -
s
pery Department on second
floor ?
\iiHiu-is'jua ] ) hi tlm treat ,
ment ot all
Chronic , Prlvnto rin'l
Norvius Dlsnasqs. Wrltu
our consult
with at MII > , toe pir-
tlculira. which will t > cent In plnln envelope ,
1' . O. llox C34 , Olllno US H. Uth at. , Oiimliu , Neb ,
Easily , Quickly , Permanently Restored.
NrrvotimirnH ,
Itillliy ; , ami all llio train
of cvlht from cai ly crrnra ur
IntcrcxcthSfg. tliori'fciiltBof
opmcut ami tonog'l\en to
every orpin anil portion
of tliolMxly. Hluime.nat-
utal methods , liniuodl.
jUo Improvement ncn.
ImposBlulo. i.OTO inferences. Hook ,
explanation ami proofs mulled ( scaled ) free.
ERIE MEDICAL CO , , Buffalo , N.Y ,
A = FAIR PRICE PAID FOR GOOD
Dental
Work
Janm'ur ilonr whoa dona by a competent mm
Go to DK. R. W. BAILEY , .
A Graduated dentist of experlenrai plac
youoteetli In lit * cure nnd the will bo coincl.
entlouBly cared for , Odlco , 3rd floor 1'axtoo
Clock , Tele-phono 1035 ,
THE ALOE & TENFOLD CO ,
1408 Farnam Street ,
Retail Druggists
and purveyors of
Medical Supplies.
Invalid Chairs ,
Supporters ,
Atomizers ,
Sponges ,
Batteries ,
Water Bottles ,
Rupture 3 i ? i I
Satisfaction guaranteed.
All the latest improved
Trusses.
THE ALOE & PEHFOLD CO ,
1408 Favnani St Oppoilto I'uxton llotol ,
CIS YfiUMF nFTEEiroAva.
1 will send I1 IIKM to any inan ,
tha pri'DcrliUlon of u nuw uiiilv
] io liivt < remedy toi'iilaiiti'Hiiiiill , '
w nk oi-niuis , nnd Hiiro ou-o for nil
In yiiuiijt or old 111111. ( 'mo * rimes ol I < < int
Miiiilnio.j , Kiiil * ioiiH mill Vurlrorilu In
l.ldiiyH ; lUsoabo nnvar ri'lliriiB. Corn'niiond'
oncii iirlviitu. All Inttnrx unit In iiliilu nrnltd
ilivuloiu. ) [ AiiIr | < wH , T. < ! . IIAU.SlCS , Lock
llox aiiO , Kotva Dealer , HIur liull , JUlclt ,
