TUB OMAHA DAILY BEE : SATURDAY , JUNE 0 , 1S91 TWELVE PAGES. 3 THE DAILY COUNCIL BLUFFS. on ICE - - NO. U PKAItL STttBET Delivered by c rrlr t nj- purl f the dtr. H. W. TILTON , Le f e. TCT rriMNBg-lhurtnm o e , Me. i nfebt IS" r N a SIJftOH T > e Ticvibund hi arrjnged for a ptontc at Bio driving park tomorrow. G rl waited for general homework. Mrs. H W 1 'ton ' , 527 Fifth avenue. Tt.e Women' ! Relief corp demlres to x- vn rt 'iriku to thoM who contributed LW.rs ( rriif on Decoration day. A .ir.srrtape llcenn * wai taue4 yeiterdty to W h am F. McCun * of Omaha and At- cr A Iir.akeroff of New York. Their age * cr _ 41 J.L l 22. The ball g4me yeti.erday between the S'r tar and the Merchant Maroon * of thli sl y rni uIU" ! la a victory for the latter by i m re ' - ( 5 to 2 , Pr f ( ! > atclalne gave a recital last evenIng - Ing at Royal Arcanum hall. A fine pro- tram was rendered , tnd one that merited a nufh KiTgT attendance. The rase of Crelghtan against Redlck , involving the ownership of Courtland Beach , i-a Kubrnlttcd and taken tinder advisement > y JuJg" McOee yesterday. The meetings held In the Fifth Avenue It th I'.sl church the past week have been Itead.ly Increasing In interest , and It has bcrn dcrl-Jed to continue them next week. TLe Rurk Island piy car has been discon tinued fur the present , and hereafter the monthly dues will be dished out by the sta tion ogctiti under directions from the main tfflcc at Chicago. Regular meeting of the American Railway union this evening In Patriotic Order Sons of America hall at 8 o'clock. All railway men if the city Invited to be present. Ed ward H. Ott , secretary. On account of the scarcity of money In the bridge fund the supervisors have dc- c."d ! n it to build any more bridges this fear excepting such as may be ordered by i majority vote of the board. The Merchant Maroons left yesterday for Neola , where tiny played a game of bale ball with the club of that place In the utter- no-jn. Today they pluy at Panama , Sunday it Barling , and on TuecJay at Manning. Frank Jones was tried In the district court ysterdy on the charge of breaking Into William Asmussen's shoe store on Lower Main street and stealing about $40 worth of goods. The case was given to the Jury Just before the hour of adjourn ment. Officer Covalt of the police force Is rejoic ing In the possession of a quart box of corn naive , presented to him as a prize for being the homeliest man in Council Blurts by a large number of friends who attended an Indian show on West Broadway. Charles Wilson , the colored dog catcher , was flned flG.SO In police court yesterday morning for using obscene language In the presence of Dan Carrlgg and carrying con cealed weapons. He could not muster up Iho cash , and there Is a temporary vacancy on the staff of the poundmastcr general. A petition Is on file with the county board , cigned by fifty attorneys , asking that the clerk's office In the court house be moved to the second door and the desk and railing be moved to the east side of the court room. eo as to make easy communication between the two places. It has been hanging fire Elnce the last meeting and has not yet been disposed of. The meeting of traveling men this evenIng - Ing for the purpose of arranging to appro priately celebrate on July 4 will be held at their rooms , 115 Pearl btreet. Let every traveling man In Council Bluffs Interest himself In this demonstration to make It one of the most successful gatherings that this country has ever witnessed. Bring j-our chums along. City Assessor Hardln filed his report of the saloons In Council Bluffs yesterday with the county auditor. According to It there ore sixty-four saloons In the city. Only thlrty-three saloon keepers have so far filed the necessary bonds , and It Is under stood that a dozen or more have gone out of business since June 1. The county treas urer was Instructed. by the board to collect "the taxes from the entire number at once. It costs no more to have your fire Insur ance In old and tried companies , like the Glens Falls and Imperial , than In those which are new and untried. Lougee & Towle , Agents , 235 Pearl street. I.ako Manau-a ISiillway Time Card. Commencing Saturday , June 9. trains will leave Council Bluffs for Grand Plaza , BathIng - Ing Beach and Picnic Grounds at Lake Man awa as follows : -No. 1 , 9 a. ra.j No. 3 , 10 a , jn. ; No. 5 , 11 a. m. ; No. 7 , 12 m. ; No. 9 , 1 p. m. ; No. 11 , 2 p. m. Trains will run every twenty-two minutes .thereafter . until 10 p. m. Return trains will leave Manawa on the half hours up to 10:30 , when they will re turn every twenty-two minutes. KVHIIS Laundry Company. C20 Pearl street. Telephone. 290. How far will a J go ? Long ways at S. A. Pierce & . Co.'s shoe store. Washerwomen use Domestic soap. O. P. McKesson has returned from a Wis consin trip. Mr ? . F. G. Horton and daughter of Wich ita , Kan. , are visiting friends In the city. Dr. T. B. Lacey has returned from Cedir Haplds. whore he attended the Masonic grand lodge. Mr. and Mrs. John T. Stewart and daugh ter , Miss Bessie , have started for a tour in Europe. J. B. Sampley has received a telegram an nouncing the sad news of the death of his mother in Rome , Ind. Mr. and Mrs. A. G. Johnson , whs visited their son , A. W. Johnson , In this city , have returned to their home in Chicago. Mrs. Mahoney and niece , Miss Mamie Hardy , cf Missouri Valley , are guests of Mrs. William Garner on Fifth avenue. Mr. and Mrs. Arthur Cowles of Des Molnes , who have been visiting old friends here , left jvtlorday for Hamburg , la. , to visit Mrs. Cowles' sister , Mrs , Beach. Henry E. Tagger Is planning to start on a bicycle trip to Davenport about the lost of this month. He is making himself a large tall with which he expects to harness the winds and make them do the bulk of the w > rk of propellng ( the machine. Secretary F. M. Wright of the Young Men's Christian association has returned f-om Red Oak , accompanied by his bride. Trey will reside at 722 Mynster street. On ertcrlng his home Mr. Wright was sur prised at finding a carved oak combination b ok case and writing detk. a testimonial from his friends in the association. 1'icurnhm to Lincoln. The Burlington route Ins arranged for an excursion to Burlington beach , Lincoln , Neb. , Sunday. June 10. Lincoln's Coney Island. Iwund trip { 1-10. Special train leaves Omaha M 9 30 p. m. O. M. BROWN , Ticket Agent , Council Bluffs. The Trcubund lodge , No. C9 , will give a picnic at the driving park Sunday , June 10. Foot races , tack races , ball game and other imuiements. Best Council Bluffs music , Everybody Invited , Gas cooking stove * far rent and for sale at Gas Co'8 office. Domestic soap broski herd water. Gun dull ilKKiU The following U the score of the Council riuffi Gun club's shoot at blue rocks Uit Thursday Campbell. Si out of 160 ; Miller , 50 out ot 100 ; Camp. C4 out of 76 ; Beroiburen , 51 out of 76 ; Pyper. CS out of 76 ; Klng bury , El out of 7 ; Hart. 34 out ot M ; Sargent. 34 out ot 50 , Fornsworth , 36 out ot CO ; Everett , 13 out of 00. _ No fake advertising or false premise * at rierct'i ihoe store , but r al bargains. Meyan-Durlee I irnitur * company , SIS-33J Uroadwuy. Bargains In fine furniture. For cob * go lo Cox * street. Tels- phone 4S. Everybody knuws Da via icili drug * . NE\IS \ FROM COUNCIL BLUFFS Oil ; Connoil Holds an Opan Efemion to Transact Bturfnees.- MANAWA ELECTRIC ORDINANCE AMENDED rite-Cent rare and Life of the rntiichlne Limited-Laid ( Her Until the .Next beinlon Library Hoard Vacancy Filled. The city council held a meeting last erm- Ing. An ordinance providing for a ten-icon newer an Oakland avenue wan p s il. Th * ordinance granting the Council QluITc and Lake Mirwwa Electric Motor company wac amended ao an to provide for a o-cent fare for the whole length of the road , nd to limit the life of the franchise to ten years. Keller was oppoMd to the Immediate pas sage of the ordinance , and BO were Ittabton and Spetrain. The mayor was in favor of acting at once , but the aldermen finally de ckled to let It go over until the next meet ing. which will be on Tuesday night. The ordinance granting the Postal Tele graph company a right of way over certain streets and alleys not covered by the original grant wai passed. The sum of $3,000 was ordered transferred from the police fund to the special assess ment sewer fund , to provide for the payment of bondi about to become due. For trustee of the fri > e public library E. A. Troutman was elected to fill the vacancy cauted by the * resignation of James Patter son. A Slaughter In Sia TodayI.OOO Yard * 5.am- mcr lirm Mlk 115 l-Si-lt.-id I'nrtlculnrx. UIg sale Saturday evening. COD pairs ladles' black silk mitts Saturday , 12c pair. RIBBON'S NEARLY GIVEN AWAY. Thousands of yards of all silk ribbons , all colors , at 5c , lOc and 15c yard , worth In any house In America lOc to COc. C-Inch silk sash ribbons , worth DOc , nt lie yard. yard.Now Now Is the time to buy rlbbonz. SPECIAL CORSET SALE. 100 dozen ladies' extra long waist summer corsets , a. 75c quality , Saturday DOc pair. SPECIAL SOAP SALE. 1.000 cakes toilet soap Saturday lc cake. DOO boxes Kirk's Cashmere Bouquet soap , 3 cakes In a box , at 25c box. 3-pouhd bar of Kirk's castile soap , 23c bar. SPECIAL NOTICE. Saturday evening for two hours , 7 to 9 p. m. , we offer 1,000 yards of figured China silk , one pattern to a customer , at 12 ] c yard. Spend your money where a dollar farthest. BENNISON BROS. , Council Bluffs. 1TANT PAY roitTHEm I'llUPKlCFV. Hut the County Super * Uon Say "Xo" to the Snmllioi | Victims. The last reminder , perhaps , of the small pox scare which Council Bluffs suffered last winter turned up yesterday In the meeting of the Board of Supervisors , when Mr. Hoff man , J. P. Dill and others brought In their bills for property which had to be destroyed In order to disinfect the patients and the place where they bad been confined. Dill's bill amounted to about $100 , the largest part of which , $ C3 , was for clothing. Among the Items were an album , valued by the owner at $5 , and a large bible , fS. Hoffman's bill wns drawn up on the same principle , and although the supervisors were at first ttag- gered a little , they did not stay that way long. This is the resolution passed : "In view of the fact that the former owners of the property destroyed are liable to the county for their proportions of the expense of the quarantine , be It resolved , that the amount duo from the claimants to the county Is far in excess of the value of the property destroyed by the Board of Health of the city of Council Bluffs , and that -it is the sense and understanding of the board that the claimants are largely Indebted to the county , after allowing full value for the property so destroyed. " Thine * > "ctv and Ilepcated. It Is generally supposed at times difficult to Introduce something new to the public. This may seem so to most people , but with such a stock of merchandise as Is carried by the BOSTON STORE the result Is too easily obtained. This time It Is umbrellas. NO TICE EAST SHOW WINDOW display and prices. Every umbrella In our stock offered at a new price during this sale. West show window represents a sample line of our last Invoice of ready made wrap pers , and will REPEAT our sale of n lew weeks ago , which will be remembered by all purchasers. This time the assortment is much larger and prices lower than ever offered during any of our previous sales. Other show windows display a sample line of our stationery , toilet articles and no tions , among which are to be found at nil times the latest and best articles the mar ket affords. FOTHERINGHAM , WHITELAW & CO. . Council Bluffs , la. Tut Ills Toot In It. " One of Council Bluffs' society young men while walking down Main street dropped Into a well known men's furnishing establish ment and asked to be shown something "right up to date" In men's shoes. The dealer handed down several pairs of the giddiest things he had In stock , and the young man after carefully Inspecting them selected a pair nnd Inquired the price. Upon being told that he could have his choice for $3.50 he lost no time In putting his foot Into It. Just such things happen every day at 919 Main street , and It only goes to show that T. B. Hughes Is selling men's furnish ings and shoes cheaper than any one In the city. Call and be convinced. Commencement nttlio InBtltate. i The annual commencement exercises of the School for the Deaf will be held next Monday afternoon at the institute south of the city. The graduating class Is composed as follows : Minnie May Bartholomew , Pal myra , Warren county ; Clara Allle Thoreson , Moorhead. Monana county ; Sarah Roslna Hammel , Dubuque , Dubuqtie county ; Lyman Leroy Glenn , Os-kaloosa. Mahaska county ; JoJo Clayton Rains. Clarksville. Butler county ; Hans Chris Hanson. Council Bluffs , Pottawattanile county ; Ross Murdock , Co lumbus Junction , Louisa county ; Charles Edwin Appleby , Hopklnton , Delaware county ; Robert Cameron Goodwin. Durham , Marlon county ; James Ewln McEvoy. Chicago cage , III. ; Henry Lester Smith , Independ ence , Buchanan county ; Charles Albert Lees , Cascade , Dubuque county ; Alvln Joeper Fee , Center Point. Linn county ; Walter Old- father , Bruah Creek. Fayette county. A few of the celebrated Hurd apartment house refrigerator * left at Cole & Cole's , and going at the lowest prices ever offered. Don't fall to price these before buying. As bestos mats for vapor cloves , only lOc at Cole's hardware , Headquarters for window shades In all widths tnd gtylac. Pricei always the low- et. Also uphoUtery a specialty. Council Bluffi Carpet Co. , 407 Broadway. Tele phone 61. Special Millinery Sitle. MUi RagwUle. 10 Pearl street , will stll nicely trimmed Leghorn hats for 11.25 , farmer price $2.50 ; be t haU at Ji.W ) , former prioe $16.00. This week. tin. Nil s , m'f'r stamping patterns. The laundries use Domestic soap , ' Hall GHIUP Today. A game of ball will be played this after noon ct S'JO o'clock at the driving park by the attcrnejs and the city and county oB- ria' ' The a" irnen team O S Wrigh * . 1 hor'st p. E Schurz. catch. C P H * klr left fiell. ExereU. rigM flrld. Harvry Oarer. center C ! d. A Wk lth pitch : D. E. Stuart , second bane : J J. Shea , flrat base ; Herman Schurz. third b M. Summer Opening nt Mnnntra Toilnv Tb ctaiion at Mantwa opens today , and for the next three months tbc beautiful lake will be the objective pont ! of all who dwlre to pet oat of town for a brier breathlni ? * petl. There have been mny Important Improve ments made far thtt ceagon and the old haWtaes will scarcely recognize the place when they s e It. The new bathing beach Is by all odd * the flnftt at the Ilk * . Go down today and see It and then like yo tr family down tomorrow. Hound trip tickets for excursion and picnic parties on all fore noon trains only lOc. Legal IMfllcnlttr * . The Council Blnffi and Like Manawa Electric Motor company ran up ngilnst a snag yetterday in the effort to get a fran chise from the county board over the land lying between the corporate limits of Coun cil Bluffs and the town of Manawa. All the members of the board stated their wil lingness to vote to grant the franchise pro viding there were no legal difficult ! * * In the way. County Attorney Organ was en gaged in the trial of a case In the district court , and so could not advise the board as to the legal status of the case , but will do BO this morning. In conversation with a reporter , however , he stated that the law only gave the * board the ngnt to grant a franchise over a street 100 feet inwidth or more , and that In order to make FUCU ac tion legal It would be necessary to condemn thirty-four feet of land along the entire strip of ground , three-quarters of a mile In let'gth. J. J. Stewart , who represents the com pany on this side of the river , claims that the law referred to by the county attorney only has reference to railroad companies , and the much vexed question whether or not an electric line Is a railway company comes up again. The proposition to condemn property and widen the street does not meet wlh much favor with the company , even though the cost of such a proceeding be not taken Into consideration. The east side of the street Is bordered by the Kansas City railroad's right of way , which Is not subject to con demnation. The land would consequently have to be taken In a lump from the west sld - property owners , which would in all probability work them up to a pitch where they would demand heavy damages from the railway company. Just how the matter will terminate Is hard to tell , but It will In all probability be settled before the supervisors adjourn today. Grand I'luza , IaUe Mun.iua * Grand Plaza will be open to free admis sion every day up to noon. From noon until midnight an admission fee of 10 cents will be charged , which will admit to grounds and to concerts and all entertainments. No return checks will be given. No person of questionable character will be permitted to enter the grounds. No admittance to Grand Plaza will be charged to persons who desire to rent boats or bathing suits. Ice cream and refreshments served In the pavilion of Grand Plaza. KntrrtnlnniPiit for Grand Army. The committees selected to ascertain the number of guests the people of Council Bluffs are willing to feed and lodge during the coming Grand Army of the I&publlc en campment will please report progress to J. C. DeHaven at his store on Broadway , by Monday evening next. We desire to learn how much has been done In each ward by the time mentioned. Committee on en tertainment. Watch the Eagle laundry for the Improve ments of the day. A new sleeve and yoke Ironing machine Is the latest. Telephone 157. After June 1 wo will close our store at S o'clock , except Saturdays and Mondays. S. A. Pierce t Co. 1 have two o' the choicest lots In Morn- Ingilde that I will sell for $330 each , cash. E. H. Sheafe. Will Tlx tinS.iloon Limit. City Engineer Etnyre has been Instructed to measure the distance of all saloons In the city from neighboring churches and school houses , with a view to ascertaining what saloons are outside the 300-foot limit from such places. We want everybody to know that Morgan sells paints and drugs. 134 and 742 Broadway. There's only one bargain shoe store In Council Bluffs , and It's Plerce's. Domestic soap outlasts cheap soap. o Hanged for the Murder of I.ottlo Hotvc. STAUNTON , Va. , June S. Blacksmith Lawrence SplIIer , convicted of the murder of Lottie Rowe on April 2S In the- suburbs of this city , -was hanged today. Death seemed Instantaneous. Sea the big star"at Courtland beach ? TELEGRAPHIC A heavy rain Is reported from Oakley and Garden City , Kan. Senator McPherson of New Jersey Is se riously 111 with stomach trouble. Ex-Councilman Boole of Cleveland , a prominent steel manufacturer , died yester day. day.Edward Edward It. Howe , on trial at Chicago for swindling Harvard graduates , was con victed yesterday. A cable dispatch to the Navy department announces the arrival of the San Fran cisco at Colon from Bluefields. Emll Hoberkorn , onct the husband of the actress , Margaret Mather , died yesterday of consumption In Los Angeles. Receiver Niblack of the Columbia Nn- lonal bank at Chicago announces he will bring suits against the stockholders. Charles Taylor , a student at Lake Forest university. Chicago , has returned to his home In Galebburg sick with smallpox. John H. Crlttenden , a mall carrier ut Frankfort , Ky. , has been arrested for steal ing letters. He Is a son of General Crtt- tendon. The Illinois apportionment case was ar gued yesterday before the supreme court. A decision will probably not be reached for several days. In attempting to arrest James Splcer of Galeton , 1'a , , for Illegal selling of liquor Spicer fired at Constable HIgglns , The lat ter returned the tire and killed Splcer. The republicans of the Third Indiana dis trict nominated Kobcrt J. Tracenell of Corydon for congress. The populists of the Eleventh district nominated A. J. Benslon. The senate committee on appropriations has agreed upon the diplomatic and con sular bill. As agreed upon It carries JJ.- 379.43S , an Increase of JIS.UOO over the house bill. bill.The The house committee on Interstate and foreign commerce yesterday decided to rv port a Nicaragua canal bill very similar to that Introduced In the senate by Mor gan. gan.No No information has been received at the Treasury department concerning the loss of the revenue steamer Bear , and the opin ion prevails that some mistake has been made. Francis Murphy of Denver was killed yesterday by his landlord , Christopher Aohram , In H Quarrel over rent , Murpny was stabbed through the heart with a chisel. Mrs. Sophia Dwelllnger of Foster , 111. , died yesterday from drinking coffee sup posed to have been poisoned. A number of neighbors drank of the coffee and are se riously ill. Ex-County Clerk Pern' of Denver has returned from 'a year's trtp In Europe. After he left It was claimed be was short H'.UOO. He claims he can show the short age In the ottlce wa not his fault. The National Furniture association. In session at Indianapolis , yesterday elected oUlcers and passed a resolution protesting against the duty of 10 per cent placed on looking glass plates by the tariff bill. Officials reports have been received from Admiral Walker at Honolulu. He says the survey of Pearl harbor Is progressing favor ably. He aUo states the British minuter , who has never been friendly to the pro visional government , is about to return home. Irving Mowott , nuperlntendent of con struction of the war ship Monterey , con firms the story that there Is defective armor on the vessel. He says It was known at the time It was put on , but as there wns liability of trouble with Chill at that time itwas not thought advisable to delay the completion of the ves.ft-1. Free from 2 to 5 and 7 to 10 p. rn. Satur day lee cream coda with COc purchase or " 6v r at the Morse Dry Goods Co. See the big etar at CcmrUand beach ? ' SUPREKE COURT.PROOEEDIKOS IVIutt the Judcc * DhtntUip . | ttlng Which Lnded Ttmr il y On Tuesday , June 'I , She supreme court of Nebraska , met purmiaHt to adjournment. Itobert B. Evans , eVof DakoU county , Richard S. Horton , e fl. of Dousla * ronnty. and E. H. ( 'rowder. ejj. . f Douglan county were admitted to prtttr . Moore affftlnut Waterman , leave to flle amended transcript ; , B a ( walnut Heller. leave to Hie amendetranncrtpt ; Krchnavy against state , leav io nle amendml peti tion ; state ex rel Berber BKalnot Whit ney. order of reference. PhkU * . Harrlm-n Howard Iron comtfetii npalnnt American \\ater Works company , t1l niiiu ed ; * tte ex r I Lee iwralnM Htnriphrfy , continued. The folhmltiR pattSs * fcere arjrued and submitted. Meredith' aitalnot Omaha , on motion ; lt * om nalri t turning county , on motion ; Smllty a/mlnrt McDonald , on mo tion ; Omaha nralnxt WVfmrdu , On motion. L1ttltleld against state , on motion ; Hols- worth aeainft Ochander. on motion ; V n Dorn acnln t M'nceduht ; Patterson ( Mralnst Htale : Clarke against Mate : Alken H ain t tate , Cooler airnlnst state , on motion ; Gal- IlKher a Rln t mate , on motion ; iitate en rel Hank npalnst Uw n ; Thomas apalnct Franklin : Hermsmeler a < ; nlnst H rmsmeler , on motion ; Omaha l n n and Trust com pany against Hanson. On June G , l&M , court met pursuant to adjournment. HolRworth against O Chandler , motion for additional security sustnlned , new li/md to be given within thirty days. Ha- irws against Cumin * county , motion to advance overruled. Smiley against Mc Donald , advanced. Cooley BKHlnft state. Galll her against state , pralntuTa1 Uriefs stricken from flies. The following causes were argued and submitted : \\IHIumM uxalnn Hojfan. on motion ; Ackerman acalnm Arkerman. on motion ; Beatrice against Brethren church. On June 7 court met pursuant to adjourn ment. Connecticut Fire Insurance com pany against O. Fallen , motion to dismiss overruled. Grahum against Frur.ler , leave to file amended petition. Ackermnn against Ackcrman , motion to discharge writ of prohibition sustained. Williams airalnst Hopan. dismissed. Sandwich Manufactur ing company against Feary. leave to lllp motion for rehrarlng In fifteen days. State ex rel Christlensen Hpaltist Ambrose , writ denied. Meredith acalnst Omaha , advanced. Robinson against Alken. dismissed. Burr against Baker , ten day * , aliov.-ed to file mo tion for rehearing. Motions for rehearlnc were overrule-i In the following cases : Munson against Car ter. Fremont. Elkhorn & Missouri Valley Railroad company against Bates. Illatt apainst Klncald. Miles against Martin , Schlelds ngalnst Horbach. The following causes were arsued nnd submitted : State ex rel Stull against Bart- ley. Botsch against state. Court adjourned to Wednesday , June IS. Following arc the syllabi of decisions rendered : Chicago , Burlington & Quincy Railroad compans1 against Hitchcock county. Ap- f > eal from Hitchcock county. Attlrraed. Opinion by Justice Post. Bj- section 39 of the revenue law per sonal property of a railroad companv out side of Its right of way is required to be listed for taxation by the authorities of the counties in which It Is situated without regard to the use for which It Is designed. Mallurd et al against the First National bank of North Platte et al. Appeal from Lincoln county. Alllrmed. Opinion by Jus tice Harrison. The net of registering as a voter is not conclusive upon the cuestlon of the resi dence of the party registered In. an action to relieve n piece of real estate of the lien created by the levy of an attachment -writ on real estate claimed as a homesteaa , but Is a fact to be considered as any other portion of the testimony In the case and to be given such weight as it seems entitled to under the rules governing : the consider ation of evidence , and especially Is this true In this case , where it Is a disputed point In the testimony as to whether de fendant appeared in person before the board Of reslstration- effected the reg istration or it was done bj S'-me oth < T person. 2. In order to establish , the abandonment of a homestead thare must be an inten tion to change the residence and an actual change.- 3. The evidence examined and held suffi cient to sustain the iflnding and Judgment of the court. Hanover Fire Insurant company against Gustln. Error froni Buffalo county. Af firmed. Opinion by Commissioner Ryan. The statement In , an application for the Issuance of a policy of Insurance on a plan- Ing mill that "a watchman is kent on the premises during the night and at all other times when the works are not In opera tion or the workmenpresent" should re ceive a reasonable construction , and there fore the mere temporary absence of such watchman within th&.itlme contemplated did not necessarily relieve the Insurer from liability for loss canserl by fire which originated during such aosence. 2. Where the Insured was orally exam ined as to the loss by an agent of the in. surer , whose duty it was to look after and adjust Its losses , and such examination was by such agent reduced to writing an < ? by the assured subscribed and sworn to In the belief that such statement was a sat isfactory compliance with the requirement of proof of loss , the question whether or not the acts or language of such agent Induced such belief and excused the mak ing of other proof with technical pre cision was properly left to the Jury io/ determination. 3. The provisions of chapter xlrlll of the session laws of 1883 empower the courts of this state , upon rendering judgment against an Insurance company on any pol icy of insurance on real property , to allow plaintiff a reasonable sum as an attorney's fee , to be taxed as part of the costs of the case in which judgment Is rendered. Hewitt against Commercial Banklntr com pany. Error from Furnas county. Affirmed. Opinion by Justice Harrison. "An assignment of error , as to the giving enmasse of certain Instructions , will be considered no further than to ascertain that any one of such Instructions Is prop erly given. " Hlatt againt Kincaid , 5S N. W. Rep. 700. 2. "An assignment In a petition In error that the trial court erred In refusing to give a group of Instructions asked will be considered no further when It Is found that the refusal of any one of such In structions was proper. " Hlatt against Kincaid , supra. 3. An assignment of error as to Irregu larities of the trial court In the preparation and giving of Instructions , which assign ment does not specifically designate the Instruction or instructions complained of , the only allusion made thereto being by affidavits attached to the motion for a new trial , which were not further authenti cated nor Incorporated In the bill of ex ceptions , will not be considered by this court. 4. Fraudulent Intent In the execution of a chattel mortgage on a stock of goods whereby certain creditors were preferred Is a nuestlon of fact and not of law , and one to be submitted to the jury for deter mination. 5. "An Intention to defraud cannot be In ferred merely from the fact that a prefer ence was given to a certain creditor. Jones against Loree. 55 N. W. Itep. 3M. 6. "A debtor In failing circumstances may lawfully prefer one or more of his creditors and secure such creditors by mort gage or conveyance absolute , provided the transaction Is In coed faith and not made with Intent to defraud other creditors. " Cobtello against Chamberlain , 36 Neb. 43. 7. The evidence examined nnd held suffi cient to support the verdict. Slayton against Fremont. Elkhorn & Mis souri Valley Railroad companv. Error from Brown county. Affirmed. Opinion by Commissioner Ryan. Where the evidence showed without ques tion that torpedoes necessary to the opera tion of Its railroad were deposited and kept In defendant's untenanted section house , all of the doors and windows of which were securely fastened shut , and that access to and , the removal of thee torpedoes were efftjetfrd by children , who unfastened and opened one of the windows , for those , among othef Improper purposes ; held , that the defendant Is not liable tor an Injury caused by 'th'e subsequent explo sion of one of said 'tflrpcdoea procured and removed as aforesaid. 2. The trial judge Fhotlld , without hesItK. tlon , direct a verdict ' for the defendant when there Is no evidence to support plain tiffs alleged cause ot action. American Investment company against Nye et al. Appeal from Brown county. Dismissed. The district court 1Ta the power to ap point some proper disinterested person other than the sheriff or the county as master commissioner to make1 the sale of real estate under a decree of foreclosure. Surh appointment rests In the sound discretion of the trial court , and Its ruling will not be reviewed where no abuse Is shown , 2. The ruling of the district court denying plaintiff's application for the appointment of a special master commissioner to make the sale of the mortgaged premises Is not revlewable In this court prior to the rendi tion of a final decree of foreclosure German Insurance company against Davis. Error from Colfax county. Reversed and remanded. Opinion by Chief Justice Nor- val. val.Under Under a policy cf 'nsurance ' that no ac tion thereon ran be maintained unie com menced within six months after the fire and that the damages should be payable sixty days after satisfactory proofs of los shall have been received by the company , an action upon the policy Is not barred if commenced within six months from the expiration of the sixty days. German , In surance company against Fairbanks , SJ Neb. 7W ; Fireman's Fund Insurance com pany against SuckstafT. 38 Neb. 150. i Where the premises were occupied by tenants of Insured at the time the risk was written , and the policy su specified , a I'l'a'.iti.ti ' ' in the | > > 1 5 nnk V ' \ I'l ' : i ( a > c The ) > ri'tn i t.eramraiant an < 1 uD'n < ijpu I unht'it the r. . > nsrTit "f thi' < ( Ti tian > Is tint \lnlntcd m to < l > feat thf r -o < , \t < r > f r the loss tithe fat that the evf-nln * befcue thi lire , without the knowl edge or contnt of the lnoure < l , such tenant * moved out of the building. Llvprp-ml aii < l .Loodun atid Olobe inuirance company an 'ni"t Hurkotaft. Nth. m 3. A provision In a policy of Invurnnce that the Insured In a rase of Ion * should forthwith Rive notice thereof In wtltln * to the company , and within sixty days from date uf the fire furnish preliminary proof * of his | UK , is valid anl binding upon the Insured , and In an action upon the policy It M necessary for the plaintiff to prove that such notice and proofs of lox * were furnished or that the company waived the same. 4. A letter 'by the . eeretary of a ftr * In surance company , written after the proof * of loss were due under the iwllcy , arknowt- the receipt of it letter written by the policy holder reRnrdlnK hH claim for lorn , and also stilting that the matter therein referred to In the hand * of the comiiati.t "tale ent , who would Rlv It his attention as eatly ns po8it > ! e , ana admonishing the Insured to be patient , doe * not waite the eon-mimi * requiring the in sured to furnish proofs of Io * * within a jinfrtflert time. 8. Where the acts of an adjuster are re lied upon to establish a waiver of proofs of IOHI , or ot deficiencies therein , It must be ! hotin that nurh i ron was clothed with power to represent the comi any In ad justing the loa * . C. Instructions should be batted upon the evidence In the cum. Richard ? et al nenlnst Hatfleld. Appeal from Antelope county. AHlrmed. Opinion by Commissioner Hasan. There Is no rule of law which requires an action by Injunction for equitable relief to be bimiRht within any given time. Whether the brinirliii ; of an action In eqitlt } has been unreasonably delajed and whether the oinplBliuiiitu therein hale been guilty of lachvD In not bringing It sooner are < lucytmnB to determined from the fact * and circumstances In the caxe. The defense of estoppel by laches or unreasonable delay In the bringing of u milt In equity Is of Itself an equitable de fense , and cannot Lie succeorfully main tained when It appears that the delay com plained of HS unreasonable isan caused I'y ' or contributed to by the i irty Interposing the defeu t. S. The payment of n tax , like any other fact , may be proved by the liest evidence attainable. 4. A statutorv receipt 1 only prlma faolf evidence that the taxts for which the re ceipt calls have In fact K-en paid. fi. The legislature never Intended by the enactment of section 103 of the revenue act of lh"9 to mak * a tax receipt , when Issued , or the entry of the pa > ment of taxes , when made In the tax ( rooks men tioned In said section , conclusive evidence. G. The absence frum the tax b > K > ks of an entry 'as required by suld section 10S ) of payment of tnx .s asse ed against prop erty therein described raises a pr sump tion that bui-h ta.vs have iiU in fact bc-fii paid , but such presumption is by 110 means a conclusive ane. 7. A collector of taxes has no nutliorltv to receive In payment thereof anything but lawful money of the United States , aim may refute to accept a bank check or draft In payment of such taxes , but If a uollecto : accepts such check or draft In payment of taxes and afterwards it-ceivea the mon > therc-on such receipt operates as a pay ment of the tax , although the collector falls to make an entry of the payment 01 such taxes in his bocks , never Issues to the patty paying the tax a statutory re ceipt therefor , and embezzles the money. 5. The owner of certain lands broucht a suit to enjoin a county treasurer from selling the same for taxes , which he al leged to be dellnqUet thereon , the owner claming In his petition that puch taxer had. In fact , been paid. It appeared from the evidence that In March. 18SO. the owner made and delivered to the then .county treasurer his check on an Omaha bank In payment of such taxes ; that said checli was drawn payable to the order of the then county treasurer ; th.it In the month of April following said check was. In the usual course of business , duly presented to the bank on which it was drawn and by it paid and charged to the account of the land owner ; held , that In the absence of all other evi dence on the subject the fair , reasonable and logical Inference was that the count- treasurer to whom s-ald check was drawn payable , and delivered , received the money thereon. Bernecker against State. Error from Douglas county. Affirmed. Opinion by Jus tice Harrison. "An assignment of error as to the giving enmasse of certain Instructions will be con sidered no further than to ascertain that any one of such Instructions was properly given. " Hlatt against Klncald , S3 N. W. Rep. 700. 2. The language of an Instruction with reference to the value of goods received , the prisoner being on trial for the alleged crime of receiving stolen goods , examined and held not erroneous or objectionable. 3. Character , according to its legal con struction , Is a- fact , and means the esti mate In which the individual Is held in the community In which he lives , and It Is not error on the part of a trial couit to exclude the knowledge of -witness , pur porting to have b en pained by perannal acquaintance or dealings with the Individual whose character Is fn question , as only tht general reputation of such Individual is admissible. 4. The action of the court In sustaining objections of counsel for the state , to ques tions put to a witness on behalf of plain tiff in error , examined , and held , not erro neous. , , 5. An assignment of error In the following terms : "The court erred In admitting ev.- dence of defendant receiving property at dates subsequent to the receiving on whlcn and for which he was convicted. " Held. to be too Indefinite in that it Is too general and failed to designate any particular or specific portion of the testimony of whltt. complaint Is made. C. The endorsement of the name of a wit ness on the copy of the Information con tained In the transcript of the case raises the presumption that such endorsement was made at the proper time and in. the absence of proof to the contrary such pre sumption will prevail. 7. "Where a question Is asked a witness. to which objection is made , which Is sus tained , the party desiring the evidence must offer to prove the facts sought to be Intro duced in evidence. " Matthews against the state , 19 Neb. S3U. 8. An affidavit which It is claimed was used In the hearing of a motion for a new- trial , but the record does not disclose whether it was used or presented at the hearing of the motion , cannot be considered for anv purpose in this court unless pie- sented'by bill of exceptions and thus made a part of the record in the case. 9. The evidence examined and held suffi cient to support the verdict. Norfolk State bank acalnst Murphy. Ap peal from Douslas county. Affirmed. Opin ion by Chief Justice Norval. A Judgment cf a district court In an action commenced prior to the term nt which It was rendered , except a judgment by con fession , is a lien ujKin the lands and tene ments of the Judgment debtor within the county from the first day of the term , no matter on what day of the term it was actually pronounced , and where a mort gage on the real estate of the defendant Is executed and recorded during the term but before the rendition of puch ju''sir.cnt , the lien of the judgment is superior to that of the mortgage. Commissioners Ryan and Ragan dissent ing Davis against Hllbourn. Error from Gage county. Affirmed. Opinion by Commissioner Irvine. A chattel mortgage Is not void as con stituting a prohibited assignment for cred itors solely for the reason that It Is made to secure the payment of debts to third persons as well as to the mortgagee. Ham ilton against Isaacs , 31 Neb. 709 ; Jones against Loree , S7 Neb. SIC. followed. 2. The discretion of a trial Judge to set aside a verdict as not sustained by the evi dence Is greater than that of an appel late court. Where a verdict has for Its support substantial , competent evidence and the trial Judge has refused to Bet it aside as being without support this court will not disturb the verdict , although the evidence , upon examination , may seem ot doubtful credibility. 3. The objection that the trial Judge failed to instruct the jury upon the law of trie case Is not raised by the assignment that the court erred In giving such Instructions as were given , those instructions upon tnc BUbjects to which they related being cor rect. rect.Low against Rees Printing company. Er- © oooooooooo ® Worth a Guinea a Box. O Stubborn tendencies Q to digestive troubles Q O in children will always < yield to a mild dose' ' ofBeechamV Pills ( Tasteless ) ) tj cents a box. DOOODOOO r r f'.m f1 vit'i UT \ \ Aflttni" I * V S I. r > I'V tVa mt 'loner l.im 8 tl.ru 1 nnl .1 if . lni't.r llv "f th" ! < i > ilt liws tit lml tiiMt * pr < Tlo ! < 1 In eT ! < . that fur nil rl.is.t * , f nuih nlc . cervanta anil laborer * , enrptlnit those en pmreil in farm or domestic latnir. a day' * work eh-t.H rut cx < t > 1 el ht hour" , and that fr v iXir an > tmploye over t prenerlt. 1 t mthe employer should pay extra conifer r.ifi .n In increasing peometn- cal proKreaslnn for the excess over eight houm. the rate of | < avment for the eltrntn hour belnc taken a * a hauls upon which to reckon such proirreKrton ; held , that thews provhriom are unt-onaUtutloriil ; nrxt. lit" rauae the discrimination aralnst farm a tut domestic laborers la special legislation , see- ond. bpcaw * by the art In question the constitutional right of ( tattles to contract with reference to compensation for services la denied. 1 It being- apparent from an Inspection of the entire act In queatlon that urctlonf 1 and 3 thereof formed an ItvloaDtiK'nt to Ita pammrre. no ] mrt of Md act ran tie au- talned aa constltutlonnl. Followlnit Trumbfe agnlmn Trumlile , IT Neb. 3W. Havtns iignlnst Orand liland txmn Mti'1 Trust company. Error frjm Hnll county. A tlrmrd. Op.nlr.n by Commliwloner Raoin. The itrneral rule In that the delivery of goo.la to a carrier consigned to the pur- cha < wr thrn-of Is s dellvcrj' to ! uch pur chaser and that trlic title of the Kooda r * > delivered to the carrier at once ve t in the purchaser : but this rule Is not a unl- x-etTal one , and whether applicable In any cast' depends upon the facta , flrpumstanrea and contract between the seller and the purchaser to the case. t It seems that a defendant sued on M contract for Roods of n certain quality and price l rstopptd from Intorpoalrur the de fense that the poods were Inferior In qual ity to thoee he had contracted for , when It Is ahowtt that he. without profst 01 objection , converted to hl own use the oodM furnlnhed him under said contract , and the defect In such Kooda ai apparent on Inspection. 3. The evidence In this case examined and heKl to support the Undines of the jury that the coal sued for herein waa to be delivered at Grand Island and that the coal delivered was Inferior In quality to that contracted to be delivered. Grimes Dry Goods company against Shaf fer. Krror from Marian county. Alllrmed. Opinion by Commissioner H > an. Where the existence of a fraudulent In tent In makinp wn-l receiving a transfer of n debtor1 ! ' property It to be determined by eIden.e collateral to the writing w hereby was effeetfJ the alltsed fraudulent trun - fer , such question is determinate alrtu * by the Jury. Tollfwlns Houck affalnft Ileln = man. 37 Xeb 4C3 2. Where a bill tf sale of n stock of BOO < ! .M \vas made by a del.iur In falllni ; circum stances to one of his creditors , who took the bill of sale tilth the agreement that he waa to receive the property , make salts from it , nnd with the proceeds reimburse himself for antecedent Indebtedness due him , and for advances made to discharge levies upon the said stock , and after such reimbursements were complete to return to the di btor whatever ( -hiuM remain of such stock ; held , that n verdict sustalnlnK the contention that such transfer ' .vas fraudulent , ns ncalns-t existing creditors of the maker of the bill of sale , should not tic disturbed. 3. Whether or not the deposition of n witness should be received In evidence muxt be determined from the facts In existence at the time of the trial , and If at that time It Is shown that the witness does not reside In or has removed from the county wherein the trial Is proceeding , his depo sition otherwise unobjectionable , is. receiv able In evidence. Surely a Mistake. Poor Mtke was very 111 almost as 111 ns ho was Ehoit. nnd what that meant those who know him can best say , for physically he was hardly more than a dwarf , says Har per's Drawer. The doctor was called In , and nftcr In vestigation , Informed Mrs. Mike that her husband was suffering frcia actinomycosis , a name which appeared to strike terror to the soul of the anxious woman. "Act phwat ? " said she. "Actinomycosis. " replied tie doctor. "Him ? " cried Mrs. Mike. "Ah , docther , how can yez say thot ? A little man like Molkel coulden't hould the name of ut , much llss th' dlsaze thot goes wit u-t ! " KNOWLEDGE Brings comfort and improvement anC tends to personal enjoyment when rightly ucd. The many , who live bet ter than others and enjoy life mere , with less expenditure , by more promptly luiAptlsg the world's Lest products to the needs of physical Leing , will attest the value to health of the pure liquid laxative principles embraced in the remedy , Syrup of Figs. Its excellence is due to its presenting in the form most acceptable and pleas ant to the taste , the refreshing and truly beneficial properties of n perfect lax ative ; effectually cleansing the system , dispelling colds , headaches &nd fevers ana permanently curing constipation. It has given satisfaction to millions and met with the approval of the medkal profession , because it acts on the Kid neys , Liver and Bowels without weak ening them and it is perfectly free from everv objectionable substance. Syrup of Fics is for sale by all drug gists in F > 0c andfSl bottles , but it is man ufactured by the California Fig Syrap Co. only , whose name is printed on every package , ale the name , Syrup of FigN and being well informed , you will not accept nny substitute if oflerpd. FOR Incburpeof the Slstors of Wloroy. This renowned Institution Is situated on thi bleb blufl > baex of and yvenooKln ; the city of Conncll Ululfa. The cpicioui croundi. 1U bleu location and sp-endld view , make It n most pleasing rutreit for the uiHJctod. A EtnfT of em neot pbyiloians nnd a larje corpi nt ex pcrlcucud i. uric i minister to tiio comfort * ot hepiticnts. fcjioclal cure slven to ludy pa- tints. TERMS NIODERATZ. Tor particulars uoplr to SISTER SUPERIOR Frank Strest - - - Coansil BliU , Im GROff OLD GKAO'ILLY. ' There Is No Reason Why You 3aj ! Xol Do So. WHAT SCIENCE HAS DONE It It Nmr rniilblr To Live n Orent ManJ War * , nnil Mill lie Vnunc In Spirit mill Vignrnua In Hetty , "He ilon't look halt his afro , " * ald i lady recently when ( be WM told that i bright , active buntnen man wan nearlj 7 * year * old. "I have een many a young man who wa * mncli older In manner and plrlt. " It was a wire wotntn who made this re mark. for old at. ? I * not a disease There are thourandt of Kited men and nomeo who dally proM- the truth of ttihi by thr.t splendid health and pound constittitluns. There are Junt an many young ( ie j.l who appear old before their time. Home | < e la are full of ambition and physical Mrenstl ) , others , for no apparent reason , are xieith and gloomy. There Is n secret In U ( I course , and this secret ha been dl c > vcrel. Many people have found It out. and the knowledge has endowed them with health , strength and vitality. Ex-Governor Thomas Alvord of Syracuse , N. V. . IH one ot those fortunate per > > on o\er SO years of nge who find themselves strong and vigorous In lite life Hi was lately asked to tell the secret of hi * wonder ful cunxUtutlon. unimpaired by age or In- flrmltles. In reply he atJ : "A number of year * ago I first In my Ufa felt tired and literally worn out. 1 felt u sense of weight nnd fultamu In the lower I rt of the body , followed by a dull , t h rub- til n ? pain , accompanied with tcnsn- tlon of feverish heat , or n chilly shuddtr. At times , fever seemed to entablHh Itself , then all the symptoms of a general rcic'u > n would manifest themrelve < . I suffered from a general weakness , and an tff.'tt to move my limbs or body wa * attended tilth a feelin < of wearlnes nnd exhaustion. " "My whole organization. In fact , seemed rr be giving out. I was unab'e to obtain re lief except by lying flat upon my back and oven thi * relief wa only temporary. I WDB really In a very serious condition , being n > t only confined to my house , but to my bed the greater part of the time. "I determined to take my cas Into my own hands , and therefore- procured a sci entific remedy , of which I had heard a great deal. 1 seemed to be benefited by Its use , nnd I continued until now I am completely restored to health by Its means. I am sat isfied that for physical ailments , and espec ially those Incident to declining years , there Is nothing equal to Warner's Safe cure , which restored and has preserved my health. " Mrs. Sarah R. Akcn Is one ef the oldest settlers In Carlisle , Ind. , where she Is highly esteemed and respected. This hidy re cently said : "In my opinion Warner's Safe Cure II the king of all remedies. It worked won ders for me. Of course. It cannot renew my youth , for I am now 74 years old , bul It has made the latter end of my life worth living. For six years previous to 1SS3 1 suffered with dls-case of the liver and kid. neys , general debility , a tired feeling anil more or less backache. I took quite a num ber of bottles of the Safe Cure , and us stated above. It made my life worth living by com pletely curing me. I now take it for every kind of sickness and keep it in the house all the time. My husband died of typhoM fevcj and Brlght'fc disease eleven years ago , and 1 have since regretted that I did not get the Safe Cure for him , as there Is no question. In my mind that he r.ould have been alive to day had I done s.o. " Can you not see how easy It Is to pre serve the vitality , even to the later yean of life , and are you not desirous of doing 0 ? 1 ? & ) * - * Steam and Hot Watsr Hoatlns for Residences and Buildings. . J. C. B1XBY , 202 Main. 203 Pearl Streets , Council Bluffs , Iowa. CEO. P. SAHFOR3 , A.W. RICKMAS , 1'runldcnt. Cushion of COUNCIL BLUFFS , Iowa- Capital , 5100,003 Profits , 22,000 Quo of the oldest banlcs In the btate of lovm Wo hollclt your liuHlnuns and collection's , v.'a pay 6 pur rent on tlmu deposits. We will ! < j ploi ed to tee uud nerve you. Notice to Contractor * . Sealed proposals will be received by Lewis lodge. No. 140 , I. O. O. P. , of Lewln , la , , at the law office of F. J. Mucomber m Lewis , la. , until C o'clock p. m. of June 11. for the erection of a two-story brick struc ture. . Dimensions , SxiO ! feet ; height ot wall. 42 feet. I'lans and Hpeclfleations now on file at the otllce of F. J. Macomber. Right re served to reject any or all bids. E. CAUU , Chairman. Lewis , In , Js'-dCt COUNCIL GAHUAGK HUMOVED , CKSSrOOU. VAULTS , c > ilmn cleuned. Cd Ilurke , ut Tj-lor * croccry , IO Uroudwny. I'ASTfitAQE. rmsT-CLASs , ron sx > HEAD ; 2 mllti * north of town , KOO& man In charge. L. I * . Jud ' . .n. li'Ja Hlxtli a\t' ue. or 3 Broid- way. Council Blurts. roil BALE , Jtt-ACUB niUIT FAIIM. WELL Improved , cheap. OreenihleUs , NlcboUaa & Co. _ _ _ GOOD GIP.L , WANTED TOU GENEItAfc hou ewtrk. Mrs. II. W. Tllten , H FJftU avenue. WANTED , GOOD GIIU , FOK GENERAL hDuuework. Mrs , Dr. JeflrU-s. 3 * Fletcher ave , COUNCIL BLUFFS Paint , Oil and Glass Co. GLAZED SASH- Wp have I.OOO Wjldowa In stpok. made by the , A. Murphy Manufacturing Company. No bntur gaih can be made , which we will glare with any idnd of glafci that you want , and sell you for less money than you can buy the ooor. bappy bakh made In the east for. Let us giro you prices anl wu ill get your order. HIGH GRADE PREPARED PAINT. Our Paint can not be excelled for durability , beauty o finish or covorlu : capacity by any other mixed pilnu lu th market. Oar price UIIJ25 per eallon , land 3Fourth St. , - MASONIC TE&PLE BUILDING.