* v
TII33 OMA1TA PATTA" HER : "FRIDAY , OCTOBER < > , 1S90.
I COUNCIL BLUFFS DEPARTMENT n
MI.MItl \ \ \ \ \ MOV.
Photo supplier anil cameras , 5lt HMvvay ,
Mr ntiil Mrs. II. I1 , Maker of lioslon an
Rumls nt ( ho dram ) .
Victor Homier made a firing budnesi Irl
to lr Molne * jesterday.
Tiio High nchool foot liall tMm will pin
Hi n vVooilblno loam Saturday afternoon.
Uftl'iT J. I.ninti. an attorney from I.ln
coin Neh. , VMIS In the city yesterday.
Mrs J C Noiton Is suffering from
friuiurr.l arm , caused by a ( All down t
slnlivny.
W \ \ ilov. In custody for Mining n 1111
hm tern held to nvvalt tlic action ot th
gruul Jury.
The funcMl nf MM. Oo s took pt.tcc jcs
tor Jay Afternoon from tlio Tilnliy ilclh
odlit l.uull.
If C llnrrlton of llu > ttiirlsoti Imple
mr-'it compnnv of UantllR9 ) , Neb.v.is ll
tlie rlty jpstcrdnv.
Mr nn < l Mrs. i : C. DunKan loft Tucs
ilnj evening for I'oit Worth , TC * . , vvlicic
Hi' ) \\lll inn laIlielr hninc.
Vn nlnrm ot lire ycslcrdny mornlnR nt 1
oi'lml , vvns ciusc-d liy a chlmncj hliue n
Kicbih Micrt nml Avenue l\
N'ntitrallrailon papers vvcro Issued vcs
tr > i ln > to Jens SoPr Sorcnson , Nels (1. Korcn
oi ) Martin Mirtenunn nml Kund Jensen.
"Well. ' slic sild. na tlio e-lKnn , vvcio JirliiR
piusrd nrouuil , "I ilon't nmnKe , but If It's
n 'Sultani' III lal.o one fttivvvnv , as that
Is HIP elar ; tlmt paps smokes "
1) It \\lltrr has icrolved n conilqnmcnl
of govnnmrnt headstones for tlm Oinm' '
Armj of tlio Itcpuhllc , to bo placed at
RMVCS In the soldlcis' ccmctuy , Pali-view.
'I he tovMiBhlp Ktipei vhors Imvo chaiiKCil
their tlmo of meeting from the Hist Monday
lu October to tlio Iliat Monday In Novom-
Jier hi accorJanco with the acts of tha last
Kcticial aWmlily.
Miss Miirla I'llURshaupt lost her nnmo jes-
terdaj and hecamo Mrs fluslnve U-uv The
couple c.i mo up from I'lnttsmoulh , Nob. , fur
the pin pose of hoing marrloil. Justicu Cook
performed the ceremony.
There la no such o\ldonro of popular nat-
Isfii lion as the evidence of successful ex-
pettcnre The "Conior" C-ccnt cigar has
won tbla cnvluhlo reputation the best clKar
cvoi produicd and sold for 5 cents.
C'ltmty 1'hjslclan Heller reports a large
number ot cases ot nnlarlal and tjpholtl
fevers among the poorer classes of people
Thq county charges are more numerous .it
the present tlmo than over before.
The Bower on I'lrst Bticet has been com
pleted with tin ; exception of about 100 feet ,
mil the contractor Is waiting for the opinion
of the elt > nltoinev on the rlflit of the coun
cil to cut out the- Madison avenue sewer before -
fore going onlth that work.
The body of the late Chalk's Keith will
bo taken fiom St. Louis to Lincoln , Neb ,
for burliil The funeral will occur nt 1030
Salmdny morning. Mr. Keith's home was
at Lincoln for n number of years. Many
friends and acnualntancis from Council
UlulTs will attend the funeral.
Olllcer Murphy lettuned from Lincoln
jcsteiday , where ho hail gone to get John
lleidllk. who Is wanted here for robbing
Din C .11 rig lie Is contesting the requisi
tion llmt vvns made by Governor JJraKo on
Ijoveinor Ilolcomb and the hearing of the
case has been set for Saturday.
Pan Hhodes , a colored man residing on
Vppcr Hroadway , while assisting In mov
ing a hea\y sto\o Into Chambers' academj
jesterday afternoon , slipped and allowed the
bto\o to"fall. . Ono hand was caught under
the sliaip edge of the stove and four fin-
gcis were cut off as If done by an ax.
The police received word jraterday fiom
Maish.il Hates of Dexter , la. , that the btoro
of J II. Tcxld there had been burglarize. !
anil a quantity of clothing , jewelry and
miscellaneous goods stolen. The plunder
was carried away In a light wagon. A Hti-
oral reward Is oltered for the arrest ot the
thieves.
The police have boon notified of a burg
lary committed Wednesday night at A\oca.
A gold watch , clothing and botno money. In
cluding a couple of Mexican silver dollars ,
wcro among the valuable articles stolen A
bunch of ke > s with a tag attached bearing
the name of C. II. Norton went along with
the plunder.
Council camp No. 14 , Woodmen of the
World , will work in the protection and
inoinliig degrees at Us legular meeting this
evening. The awarding ot prizes In the
membership contest , which was deferred
from last session , will also occur this even
ing. Members and Initiates are requested
to bo on hand promptly at 7 30 o'clock.
The concert at. the Broadway Methodist
church last evening was a decided success
and was well attended. All the numbers
wcro encored. Among those who took pirt
wcro the Tullejs orchestra , Miss Edith
Dlunimer , Miss Grace Harr , Mr. Ned
Mitchell , Mr. Jules Lumbard , Mr Frank
mdolett. Miss Cora X. Young , Mr. J. B.
Hutler.
Colonel Dallcy gave the High school foot
ball team a delightful dinner last evening
at his homo on Second avenue , lleslde the
bovs prefcent Profs. Hayden , Orass and
Jacobion were present and enjovcd a most
pleasant evening. The table was taste
fully decorated with ferns and bright col
ored vines. Misses 1'ullcn , Llpe , Stoddard
and Shepard served.
The police spent the day yesterday In
rounding up all the tramps In the city. A
largo delegation came In as the advance
guard ot the UulTalo Hill show that Is to
bo hero today. They will bo held until
after the Khow and given hours to leave the
city. Not a few crooks liavo been garnered
In on the charge ot vagrancy and the police
will keep the work up during today.
Kobcrt Halladay , a young man , was arrest
ed a finv dnva ago upon complaint of 13.
H Handall on North Klrst street , charging
him with burning and destiojlng property
belonging to another. The boy set ( Ire to
BOIUO brush and the flames got Into a pile
of wood belonging to K.uulnll and destrojed
it. Ho was to Imve had a hearing vcstcr-
day afternoon before Justice Vlen , but the
case waa continued until Saturday.
The Carter Hardware company of Omaha
fought a civil suit through Justice Cook's
court yesterday by which It sought to re
cover $78 from JacKfon & Grady for hard
ware furnlbhed the firm when It started to
manufacture gas engines a jcar or more
ago , During the course of the trial Attorney
Detwellcr of Omaha had several heated ills-
cusflons with Council HtunV pugnacious iit-
toiney Scott. Jackson Is an engineer on the
Northwestern and was the barker of Grady
In the manufacturing schemes , hut claims
not to liavo been In partnership with him.
Grady Is Insolvent anil the plaintiff sought
to hold Jackson for the debt. The cast ) was
taken under advisement , and no blood was
shed. _
N. Y. numbing compiny. Tel. 2GO ,
0 II. Vlavl Co. , female remedy. Medical
roiibiiltatlon free Wednesdavs. Health book
( urnibhed. 309 Merrlam block.
It U getting so nowadays that you can't
go to a party , reception or meeting of any
Kind without having the "Sultana" cigars
passed around. They are popular because
they are good ,
An Ideal smoke , the famous "Sultana. "
IlriiUo III" Compniiliin'H Arm ,
An Searold Eon of J. L. Drown , llvlnu
on Upper Harrison street , was the x.lctlm
of a severe accident last evening while re
turning from school. A young cojnpanlon ,
who has the reputation of being the terror
of his neighborhood , pushed the Drown boy
from the sidewalk at a point where It U
elevated a considerable distance above the
street. The fall broke the child's rih'ht
arm above the elbow. The injury Is a com
pound facture , Involving the elbow Joint ,
ami the attending pbvslcian , Dr. Heller.
ft-ars that it way cause a permanent In-
Jury. _
nrniul Pull Oiic-nliiW
At 1'urlty Candy Kitchen Saturday. All
candlca at ono-balf the usual price. Angel
food taffy 15 cents.
MitrrJiiKU I.l
The following marriage licenses were Is
sued yesterday :
Name and address. ARC.
Gustavo Lane , Pl&ttsmouth . < J
Maria I'flussbaupt , I'lattsmoutli .
K. 13. Snouffer , Omaha . 32
U. J3. Cohea , Omaha .
WILL All WORK TOGETHER
Sleuths of the Two Oitif.3 . to Take Up the
Trail in the Ate ( Jnse ,
CORONER JENNINGS ON HIS OWN POWERS
Till Us Sunn , fur DM * II'-ne lit nf Die ro
ller , \Vlio Tlifnlc Itc Miould
llievc He-Id il l.onucr
InitucM ,
waa done by tlic police In Iho
A\e > murder can > jcslcrdny. Hut last
night a consultation was hold between the
dcte-ellves ot the two cities nnd the work
divided tip AH lhe < clews and theories will
bo sifted In common , and if Iheic Is any
thing that can bo done to catch the tmn-
dt-rer It will bo done. There la Just now
tionio disposition on the p.itt nf the polled to
criticise Uo coioner frr not making moie
of n show of the Inquest , Coroner Jennings
feels lhat his ollico should not bo regarded
as a dctccllvo buieau lu any sense of Ihe
word , and after ho has announced lo the
ptiblli ! lhat a murder has been committed
and by parties unknown his responsibility
cca cs , nnd the duty devolves upon the po
lire department to 1 unt clown the unknown
criminals. The coroner linn a theory that
the police have nlwa > s cherished an pc-
cullaily Ilielr own , that the best way to
hunt a criminal Is not to let the criminal
know jou are after him , and to keep every
thing away from the reporters that could
throw the least possible light upon the Iden
tity of the- criminal or In any way satisfy
thn longings of the public for the latest
developments.
"I might have held an Inquest that would
lasted nil the lemalnder of the week , " said
the coroner , "and examined every witness
that knew the least little bit about the mur
der , but no good could have come of it , and
only additional expense would liavo been
added lo the cost of the Inquest. The po-
llco can get nil the facts that might have
been submitted to the Inquest juiy and can
use them In tlio way that best suits their
purposes nnd the most likely to bo pro
ductive ot results. When there was so
much uncei taint } I did not propose to trv
to fix the crlmo upon any one. A core
ner's wairant Is not any more desirable
than a simple state v , arrant , and the police
can hold anybody whom they suspect as
easily without the assistance of the coroner
ner us with It. I feel that my duty has
endeil when the Jury that I empaneled under
the law heard sufllclcnt evidence to con-
v luce them that a murder had been com
mitted and by parties unknown. "
The detective department of the police
force feels a little disappointment because
the olllccrs were not called upon to tcstlfj
at the Inquest or furnish the name > s of wit
nesses whom they had found whose stork '
were thought to throw light upon the
crime. "We have done nothing nt all upon
the ease today , " remarked Detective Mur
phy , "but wo are going to begin work
again tonight. Wo will have a consultation
with Omaha ofllccrs thl * . evening nnd 'map '
out the work. "
The police be-llcvo that something maj
be discovered from the testimony of Con
ductor Crockwell of lhe > motor line , who says
ho carried the murdered woman from the
ear l rn-s on Ilrcadway to Main street and
Twelfth a\eiue between S and 9 o'clock on
the night of the murder. Ho was at first
Inclined to believe that It was shortly after
S o'cle > ck when she boarded his train a'
the car barns , which are located on
Twenty-ninth street , halt way to Omaha
The fact that she did not le-avc her home
In Omahn until after 7:30 : made It Impca-
slblo for her to have reached the car barns
In half an hour. Crockwell Is satisfied now ,
low ever , that It was nearer 8:30 : when she
lion riled his train. Ho Is pobltlvo that he
could not have been mistaken In the Iden
tity of the woman.
The woman's son , T. D. Harnett , was In
ho city vesterday afternoon , and announced
hat ho had eold oft a lot of her household
urnlturo to raise money for the funeral
expenses. Ho purchased a coflln and con
cluded arrangements to have the body re-
novcd to Harlan for burial. The body will
bo placed In a casket at Estop's undertaking
rooms , and from 12 until 4 o'clock toelaj
ho friends and the public will have an
opportunity to view the remains The cas-
cct will bo sent to Harlan on the evening
lock Island train.
mililc Solution.
Wo do not sell cheaper becaiifco we cut
lown on quality of goods , but It Is because
wo buy for cash and make a margin of
rom 2 to 10 per cent on nil wholesale pur
chases. The margin Is therefore not made
off the consumers , but la made oft the
wholesale man. Ily bujlng for cash and
selling for cash our money Is constantly at
work , and our customers get the benefit
of from 2 to 10 per cent on all purchases.
J. ZOLLnil & CO ,
100 and 102 Ilroadway.
I'lovverN , Mimic and Ctiiiely
At the grand opening of the Purity Candv
Kitchen Saturday. Chocolate creams , as
sorted , only 20 cents a pound , Uoston
chips 20 cents a pound.
No Discount
On water bills later than Saturday. OfUce
open Saturday evening.
A trial will convince you of the superior
xcellunco of a "Corner" G-ccnt cigar.
HAY 1Till : I11STIIICT COt HT.
\iiotlier I.lido .1 ml nine-lit Hull-rod
A ua I n H | .leili n W. Paul.
Another judgment was entered up
against John W. Paul In the district court
yesterday , Drexcl & Co. attache-el some
of the property owned by him in the north
western part of the city , and their claim
ms been establishes ! to the extent of
J6.IG1 CO.
The demurrer to strike out the answer of
.ho defendant Richards , In the caeo of Ann
Vlckpry against Joseph I e-wls and others ,
was overruled. Hlchards' application to
make the administrator a party to the ac-
; lon was also denied nnd the coso ordered
: rleel as a suit In partition.
In the suit of Thomaa H. Clelaml against
ilert Casady the demurrer to the plaintiff's
> ettlon ! wari overruled , >
A motion for a moro specific statement
was confessed by the plaintiff In the case
of I , . Moloney ogalnst IM AltiBcow. The
ilaiiitlu was given until the first day of
.ho next term. In another suit between
ho tame parties the defendant's motion for
.ho plaintiff to announce what cause of
action ho wishes to have the case tried on
was sustained.
In the suit of the State Savings bank
against W. H. Ware the motion for a moro
specific statement was suMalncel and the
cuso continued until next term.
The case of Miller , Vastino & . Co. against
Clark Bros , was continued by agreement
until next term.
The case of James Weston against William
Wcslon was dismissed by the plaintiff with
out prejudice.
The motion to strike the amendment to
the answer of the defendant was overrules ! .
In the cases arising out of the failure of
HucUdonk & Alberts , judgment for the pos
session of the geioels supd for by I ) . M. Oil-
join & Co and the Stoughton SVagon com-
any. Judgments were entered for the goods
and costs against Hans Illef , the assignee.
"Will Ile > il llnj of
The coming of Iluffalo Hill today will bo
ho means of attracting a big crowd to the
: lty and the merchants will reap moro or
ess of a harvest. Hughes , the men's out-
Itter at OS Droaduay , has made pre-para-
tons to take cure of his share of the crowd
and expects to have every visitor to call
it bla Etoro anil get ona of those swell ties
10 Is showing. H has gotten to be that
ou'ro "not In it" unless jou have a tie from
luchcs , _ _ _ _ _ _ _ _
fiu DlNi-nuiit
On water bills later than Saturday. Ofllco
open Saturday ovculug.
M'I'AHI.\M OMOMJY
Hi-lntlnnw lie luce- SlUrr nnd ( ieile
Mini ( lie * HiisllirMs of ( lieCoiinir } .
Decretory of State Mcrarlatnl delivered i
strong spcce-h at the McKlnley headquarter ;
last evening to an audience I Kit filled tin
building. In the absence of Tresllrnt liar
of the M"Kln1oy club Mr. McKarland w.v
Introduced by Ohio KneJx. He Jumped a
once Inlo Uo licatt of his subjoet. am
pointed out the fact that ono ot the grave
dangers of the * present sltiiatlnn lay In tin
obscuration of Ihe true Issues of the cam
pslgn McKlnley , prolec'lon and prosperltj
vvcie ( ho real Issues and should have the
watchwords of the campaign , but the1 popu
ll ts hid from the start befogged the publh
mind by pushing forward flnnnrlil heresies
and vagaries Money was alwa > s a fasci
nating subject , and the populists had plaji'd
despentelv upon human wc.ikncsies and pas
slons. Ho reviewed the silver lenlslatioi
fiom the- foundation of the government am'
made It clear that the ratio between gold
an 1 silver was a eeimmereUl and not n
legal problem Hvory ratio that has ever
been fixed has been a commercial one ,
llxed upon the average market value ot
sller In the * markets of the world. He
quoted Thomas Jefferson's declaration thai
the ratio between the two metals was n
meicantlle problem entirely , and that "Just
principles will lead us to dlsregird legal
proportions altogether. " The populists ami
the demeicrats who h.ive wandered from the
do"trlnca of the great father of democracy
demand that wo shall disregard the mer
cantile proportions and follow only the pro-
poi lions fixed arbitrarily by a legislative
enactment , lie declared that there had not
been n period In the wholehlstorv of the
republic of even twenty-four boms' duration
when gold and sll\er tltculatoil together
upon an exact parity until after 1S73. It
has never been done , and never can be done ,
except as wo have done It by pledging thu
faith and Integrity of this nation ,
The speaker crcjittil n good deal of amuse
ment by exhibiting a dollar coin containing
a Millie-lent amount of silver to bring It tei
a present commercial parity with gold. It
was the size of a supper plate. He declared
that money was the product ot evolution
and that clvllizallon had carried us bevond
the period when silver can bo used as
money. Holding up the tea plate dollar , he
declared that no government had a right to
make people accept such n dollar. Ho re
lated his experience In California In 187-1 ,
when he taught a high school and was paid
$1,800 in silver at one time. It made a pile
weighing 100 pounds , and caused him almost
as much trouble to find a safe place for It as
It did to earn It. He showed that the de
preciation In the value of silver was due to
overproduction and deciease of demand. In
1873 It cost $ -4 a ton to transport silver ore
from Montana to the Omaha smelter ; now It
costs less than $10. Then It cost $17 a ton
to treat the ores ; now It costs $ S. Improved
machinery and methods of mining account
for the ovei production. In 1SGS mine
owners could not afford to treat gold ores
running less than $20 a ton , now $3 ores
are profitably handled. In the early history
of the country the production of the two
metals showed a ratio ot five ounces of sil
ver to one of gold , and silver was then
worth $1 33 an ounce. In 1S70 eleven ounces
of silver to ono ot gold was produced , and
the price of silver declined " cents an ounce
In 1SSO sixteen ounces of silver to one of
gold was tinned out of the mines of the
world , and the pi Ice of silver In Ihe markets
of the world was $1 13 an ounce rrom 1SSO
to 1SOO the average was twenty-two and
a half ounces ot silver to one of gold , and
sliver v.cnt down to 90 cents. From 1S90
to 1S94 the production was 107,000,000 as
against 31,000,000 In ISC.O. We have coined
more silver In the present year than was
coined In the whole period of the nation's
lifepiior to IS".1 ? . Increased coinage does not
Increase the per capita circulation. The way
to get money Into circulation Is to create
conditions among the people that demand
the use of money , and the money w 111 come.
Mexico's per capita circulation Is less than
$3. Mexico has coined l.fiOO.OOO 000 sliver dollars
lars In llftv 3 cars , and yet J50,000000 will
comprise the sum total In circulation. It
lias gone into the commerce of the world ,
swallowed up In China , Japan and Russia.
Our nation has coined $1,700,000,000 In gold.
It , too , lias gone Into the world's great vol
ume of coinage. Canada has more than four
times the per capita circulation of Mexico ,
yet she has no coinage except subsidiary
coins.
"Ilcsorp the conditions of 1892 , " said the
speaker. "Put to work the 2,500,000 Idle men
who have lost their employment since the
advent of democracy Into power and jou will
bring Into circulation millions moro of
American gold and silver. " The demand
for Increased coinage to Increase the money
of the country Is as futile as a law would
bo that would direct the secretary of the
treasury to purchase annually 4,000,000
bushels of oats at CO cents a bushel and
blnk it In the tea. It would only increase the
output of the oat product. The whole ro-
mbllc would bo transfotmcd Into an oat
field. The debt-paying qiialltv of money Is
the only quality that government can give
In concluding his speech he- declared that
t had been his duty for jcars to make the
pre-election estimates of majorities 1n Iowa ,
and he said he had never missed the result
by moro than a few hundred votes. He
wanted to make a prediction then that Mc-
Kfnlcy's plurality In Iowa will not bo less
than 73,000 , and ho would not be much sur
prised If U should reach 150,000.
All.lii A. I.otlrliluc'N
Considerable Interest was taken by rac-
ng men jcsterday In a string of fast horses
hat wcro quartered at MInnlck's barn for
a short rest In their trip from New York
; o San Pranclsco. The runners were In
charge } of At kin & Lott ridge , prominent
racing men ot the Pacific coast , and are a
high class variety , a number of them being
sired by the- great stallion 131 HIo Hey. The
lorses were taken east In Juno ami have
) cen In New York , Detroit and Windsor nil
season. They are to take part In the rari
ng at Oakland and Ingleslde during the
\lnter and will leave for the coast this after-
10011 at 3 15. Mesbrs. Atkln & Lottrhlgo
lave fourteen men and bojs with them to
ako care of the horses and dogs , as they
mvo n regular mcuageile In this line with
hem. Including n monkey and goat. One
of the trainers with about a doieii of the
icts btrlnglng after him attracted much at-
ention.
Among the string Is Mullberrj' , n E-year-
nld , ami holder of the California lecord nt
a mile until last year , In 1:40 : , Ablanzcr , a
i-ye-ar-old , by Dramble , has become well
known in the east for his resemblance to
Hen Brush , Among the descendants of the
famous ii : Itlo Hey that Metsrs. Atkln
Lottrldgo are moro than proud of are HI
Ladron , 2-year-old filly ; Quantrcll , a maiden
named after tha famous bushwhacker ;
Maraqulta. a 2carold maiden ; Hello Hovel ,
the California favorite 3-j ear-old filly , with
a record of sixteen raccb won In thu past
year ,
While In the east these horsemen pur
chased Draught , a 2-year-old by Ilenefactor ;
Tcmpcstous , 2-year-old flllj1 , and several
others from the famous Ilroakdalo stables ,
which they also have with them. Scarf
Pin Is another of the string , with a record
of three races out of flvo in four weeks.
Another standby In purse winning that the
gentlemen point to with much satisfaction
la lluckwa , C-j ear-old gelding , sired by
Iluckra. Ho has won seven out of ten starts
at Milwaukee , New York and Detroit. An
other 3-j ear-old from the same giro Is
Double Quick ,
Ihe two jockcvs who have been riding
for the stable all hcneon , which has cleaned
up over (12,000 ( In purses , are Casady and
Clausen.
_
For Sale An upright ellsplay case. Suit
able for drugs , gents' furnishings , jewelry
or millinery Made of oak , finely ftnUhed ,
double strengthened glass , hinged doors ,
good locks , height 7 feet 3 Inches , depth 21
Inches , wldlh 4 feet 2 Inches ; very orna
mental , 11 n lulled all around. Cash or trade.
Moore & Kills ,
_ _
Sideboards , the finest In town , ami of
course nt the Uurfce Furniture company's.
1 ilk mm n IdirHt- Alt * tliv I'lour ,
William Kodenbcrg , a small boy living on
the Kcellut ) farm , came lo the police eta-
tloo yesterday , crying as If his heart would
break. He said that while ho liad left his
team standing at the coiner of Main street
mil First avenuu a horse that was btaudlns
; uhlad the wagon had torn opeu his sack
tm-
of flour and splllce ! II In the street. Ho
wante-d Iho police to help him make Ihe
man pay foi It Ttfe'y advised him to sue
the owner of the , borte , but the boy docsn'
know his name. "tc
Tor tlu Mrtto Tenclu-r * .
The annual meet Inn of the State Teach
ers' assoeUtlon vvllbc | , he-Id In lcs Molnca
beginning DccembcV bo. It Is the forty-
second annual sesslon-of the association , am
the prospects are tint II will be the most
Interesting and pAMablo to the Iowa teach
ers and other cdrit'ators who will attend
Some of the mostvpilomltient educators In
the t'nltcd Statcss > wlll be present and take
part In the ptoecedlngs Many Council
llluffs teachers are arranging to attend the
meeting One ot the fealures of Hie pro
gram will be a paper and discussion on
"I'lfty Years of IMiicatlon In Iowa , " Iho
paper bj Thomas Nicholson ot Cornell col
lege and the discussion by ex-President J.
1 , Plekard of Ihe1 State university. 1'rof. L.
P. Parker of Iowa college , M K. Cross , 11
K. IMson. J Piper , T. S. Parvln , W. II
11 rooks and others.
Three prln-s. based on Ihe amount of rail
waj mileage paid bv teachers In coming to
the association , are olTcrcd to counties as
follows First prize An educational li
brary ( value $25) ) ; second prize , nn edu
cational llbrarj ( value $15) ) ; Ihlrd prize , an
educational library ( value $10) ) . Teachers
upon enrolling will report to the clerk o
the county from which they come and Ihe
fare paid. In case they have traveled on
other than n full faro llcket they will re
port the number of miles by the nearest
railway route from their homo to DCS
Molnes.
"Corner" month
12,000 retailed every
They must be hettei than any other cigar
or they wouldn't sell better. Moore & Hills ,
owners of the brand.
When jour bundle comes homo from the
Eagle laundry jou know It will bo light
You get what jou want al the "Eagle. "
721 Droadway. Telephone 157.
Se- e < r IMpis" i'lro Hrie-lc , Ue-KliiPT.
Wholesale and retail. J. C. Itlxby , 202
Main street.
l\o Discount
On water bills later than Saturday. OfTlco
open Saturday evening.
The- quality of the "Corner" cigar could
not be Improved and still bell for 5 cents.
'I hey are ) the best that skill can produce.
Hoffmajer's fanc-j patent Hour makes the
Lett ni.il most bicad. Ask jour grocer for U.
Lumlgard , the Tailor , 130 S. Main street
_ _ _ _ _ -
PKOMOTIM : UIMTIA ivrminsT.s.
\iitloiinl Oiiarel UDlcirs1sNiuliiUfiii
to Me-ft Tills Winter.
CEDAR RAPIDS. la. . Oct. S. ( Special )
The National Guard Officers' association of
Iowa will hold the annual meeting at Foit
Dodge the coming winter , and already ar
rangements are being made for a big con
vention. An cffoit will be made to have
every olllcer In the guard In attendance. A
banquet and ball will be part ot the enter
tainment and the officers arc looking for
ward to a very pleasant time. The fol
lowing Is a list ot the papers to bo read.
"Tho Captain's Annual Routine , " Captain
J W. Clark , company M , Thliel regiment
Red Oak ; "Local Support , " Captain H. 0
Penlek , company H. Second regiment , Char-
Itcn ; "Reciprocal Yhltjes of Headquarters
and Line , " Captain F. H. Ro lcne , companj
D , First icglmcnt , Charles City ; "Hustv
Intrenchmcnts In Moilorn Warfare , " Colonel
II H. Canncld , chief engineer and signal
oincer , Itoone ; "Mnpmaklng and Reading , "
Major II. J Martin , engineer and signal
oincer. Second brigade ? * "The. . Surgeon's Re
sponsibility In Field Work , " Major W. S. II.
Matthews , surgeon Third regiment , Des
Molnes ; "Suggestions 'fcr ' Duties for Lieu
tenant Colonel and Major , " Major W. G
Dews , First regiment , Cedar Rapids ; "Field
Maneuvers , " Major S E. Clapp , major First
regiment , Toledo ; "The Advantage of a
Practice March , " Co'onel ' C. C. Foster ,
Fourth regiment , 51oux City ; "Small Arms
Practice und How to Increase Its Effi
ciency , " Captain M S. Schcswcshom , I. S.
A. K. , Fourth regiment , Mascn City "Our
Military Code , " Major Ralph P. Hovvell.
Judge advocate First brigade , Iowa City.
STLiDU.Vr.S ASSA1 I.T THU TUACIinit.
Trouble In I In- Public Se'liool tit Diin-
ln | > l.t-nilH to Arrests.
DUNLAP , la. , Oct. S. ( Special Telegram. )
Quito a commotion was caused here today
at the main public school building , In vvhfch
three young men of the town were Impli
cated , they wishing to show their disapproval
ot the trouncing administered to a brother
of one ot the trio by Teacher McNally.
'Ihe joung men went to the school building
today noon , osteiiblbly for the purpose ot
visiting the roim taught by McNally , when
the teacher asked If they were going to
attend school. Their answers disagreed and
an altercation ensued. They were Invited
to leave the room , whereupon one of them
struck McNally In the head , dating him
They then made a hasty retreat to an old
building , where they went Into hiding. A
wariant was sworn out for their arrest and
they were soon located and taken before
Justice Ilalrd , who fined the one that com
mitted the assault $5 and costs. It Is re
ported that McNally will be arrested In the
morning on a charge of assaulting one of
the bojs.
I'roiioHi'il llpuorlb Ii-iifjrHc Ciniv e-nllon
CEDAR RAPIDS , la. , Oct. 8. ( Special. )
The program for the Bovonth annual con
vention of the Iowa State Epworth league ,
which will bo held In St. Paul's Methodist
Epl&copal church in this city November 12 ,
13 , 14 and 10 , has Jiibt been pieparcd. A
number of new features have been added
this jcar , among them especially the Impor
tant department of junior work , which will
bo given a most piomlnent part of Saturday's
program , and also the department confer
ences , making the directors the respective of
ficers of the state cabinet , A number of
noted men 010 to be piescnt , among them
being Rev. Frank M. Hrlstol , D. D. , Evanston -
ston , HI ; Rev. Joseph F. Herry , D. D , , Chicago
cage , editor of. the Epworth Herald , the of
ficial organ of the league ; Rev. W. II. W.
Recs , D. ] ) , , Cincinnati , of the Precdincn's
Aid society ; Rev. W. F , Spencer , D.D. , Phila
delphia , of the Church Extension society ,
and many othcis ,
Hold Work of Cattle Tlilt-ti-H.
WATERLOO , la , . Oct. 8. ( Special Tele
gram ) J , L. Hagerman discovered this
morning that thieves had stolen eight of his
choicest steers last night. The thieves drove
the steers to the far sldo of the lot , built a
chute , loaded them Into wagons and drove
back to the main trayelcil road , vvhero all
trace was lost. j
Pale-ntM < e > vVen < cni Men.
WASHINfiTON , Oct. p. ( Special ) Patents
have been Issued as follows ; Nebraska
Thomas E , Calvert , Lincoln , railway switch
stand ; Laura M. Shepherd , Crete , canning
basket ; Kminct G. " Solomon , Omaha , yacht
racing toy ; Gustav A. Thode , Osmond , gas
engine.
Iowa Albert L. Adams , Cedar Rapids ,
rope fastener ; William L Louden , Fulrlleld ,
hay carrier and attainment therefor ; Denja-
mln F. Marablc , Dubuque , saw dressing de
vice ; KiUon C Moore , Rivet side , gate ; Elijah
J. Roberts , Iloone , extension table ; Adam
Scholl , Murray'double action force pump ;
William A. Seibel , Independence , tag fast
ener ; Thomas J. Waddell , DCS Molnes. slg.
nal lantern ; Jonas T Wiley and E , E , Uoyd ,
Llbcomb , plpo wrench.
South Dakota Caspar Zimmerman , Illg
Stoiio City , elclgh ,
Wvomlng Jay L. Torrcy , Embar , self ad
justing horse collar.
CIlllhlllK IlllllllIlN 111 IlMlll ,
MINNEAPOLIS , Oct. 8. An Esthervllle ,
la , special to the Journal says : The coun
try for miles about Is being scoured by pos
ses of armed men In search of the Shcr-
burao bank robbers and murderers Two
suspects have been arrebted at Sevca City ,
near hero , giving their names as Armstrong
and Graettlnger. U 1s not known jet
whether they are the men , A man answer
ing the description of one ot the fugitives
waa teen eight miles cast of hero last ulght.
Ex-Governor T , M , Waller of Oonncctlcn
Presents the Issues ,
GOLD DEMOCRATS IN THE NUTMEG STATE
\t Iliiiulrril DclcKntrx Mi-ct n
Itiirlfnril < < > 1'rotcat Vuiiliinl
I Dcclnriillittt of ( lie I'lil-
Platform.
HAnTroill ) . Conn . Oct. S. There were
WO delegates to the national gold Rtandari
democratic convention today when the cal
to order was sonmlul by William J. Mills
of New Haven , a former member of the
state central committee , but who reslgnei
at the Now Haven convention. Mr. Mills
Introduced ox-Govornor Thomas M AVallcr
as temporary chairman. The appearance
of Mr Waller was the signal for long con
tinned applause. His rental kn ellcitei
numerous chetrs. In the course of his
ipepoh Mr. Waller , alluding to the demo
cratlc convention of last Julv , said
" 1 take pleasure In reporting that al
the members of the delegation of which :
was the chnltman were as earnestlv opposei
as 1 was to the socialism , the populism , the
tramplsm , the Tlllmanlsm , and the 10-to-l-
Ism of the Chicago platform , although one
or two of them who liavo since their reluri
been 'lost , stra > cd or stolen , ' wore not quilt ,
so Intense
"I am. " Mr. Waller added , "for the defcai
of the Chicago imilrpcis and their populist
allies , first ot all , by national democrats
under the blue and the gray and the leniloi-
shlp of I'almer and Huckner , men wo revere
and honor , If It can be done , If not , bj
lutlonal patriots fiom whatever party they
come , or whatever banner they bear If II
Is not ted , and has not upon It the Id to 1
hieroglyphics , or the faces of cither Altgeb !
or Tlllman.
"This Is not an ordinary political contest
In which we are enlisted , and In which the
laws of party discipline prevail. It Is a
sectional , socialistic warfato In which every
man must do what his conscience dictates
Is best for the good of his country and his
party , too , with respect but without regard
to ivhat others do. "
Mr. Waller devoted n poitlon of his speech
to state questions. Ho said : "Connecticut
Is. I think , today , the only state in the
union where a candidate who gets the least
votes may get the ofllcc. This tucins pata-
doxlc.il , but It Is not ; It Is only tcpubllcan "
Ho advocated teform of the ballot , saying
that "tho Improper use of money In our
elections Is a scandal that cannot bo dcnlcil
and that ought to be stopped , for It Is
the poisoning of the mountain streams of
our govcrrment from which wherever we
are we all have to drink. "
At the conclusion ot Mr. Waller's address
the repoit of the committee on platform
was submitted and adopted
The platform realllims the declaration of
the convention held on June 10 of this jear ,
and on the currency question says :
"While wo favor the most liberal use of
silver consistent with the enforcement of a
gold standard , wo are unalterably opposed
to the fieo coinage of Mlvor , deeming It a
device for the debasement of our currency ,
and to the compulsory purchase of silver
by the govermnc'iit. Under existing cir
cumstances to pay public debts in silver
coin Is repudiation ; to pay private debts
In the same coin Is to rob the wage earner ,
and to provide for the free coinage ot sliver
means the destruction of legitimate busi
ness and great suffering among the laboring
classes. We believe the safety ot our na
tional finances requires a svstem of sound
banking , by which a bank note currency
ample to supply the needs of the whole
country shall be created , safely secured and
alwajs and everywhere redeemable in gold.
The convention placed in nomination
presidential electors and a full state ticket
ind also endorsed the nominees for congress ,
state senators and Judge of probate selected
by the special caucuses. The state ticket
is as follows :
For governor , Joel A. Sherry ; lieutenant
governor , William Waldo Wade ; secretary
3f state , Judge William Botcher ; state
treasurer , George H1. Hojt ; comptroller ,
Hobort Curtis.
The following were nominated for con
gress : Klrst district , 13. Henry Hyde ; Second
llstrlct. H. "Holton Wood ; Third district.
Henry W. Hammond ; Fourth district , Morris
W. Seymour.
SUrilKMn COLKT SYM.AIir.
licckett against State. I3rror from Doug
las county. Rev-orbed. Opinion by Chief
Justice Post.
Proceedings for contempt ot court are In
this state In tholr nature criminal und
governed by the strict rules applicable to
prosecutions by Indictment , hcnco pre
sumption and Intcndmonts will not In such
CUSPS bo Indulged In order to hustuln Judg
ment of conviction. H.IWCS against SliUe ,
40 Nob. , m
2. Where although the alleged contcm-
pc'Htuous nets are committed In fnclc
cuiliie ami therefore punishable summ.irlly
ultliout the formality ot a trial or lie.ir-
Ing witnesses are by the court called and
examined touching the transaction In
volved , the prosecution will for the pui-
pose of review by means of piocceilliiKS In
en or , pai tlcularly where the record Ib
ambiguous , be construed ns one for u con
st ! tie-live contempt In which the accused Is
entitled to be heard In his own defense.
Lorlivi against Abbott. I3rror fiom I.oup
county. Alllnncd. Opinion by Chief Jus
tice Post.
The obvious purpose of the conbtltutlon.il
nnd stututoiy limitations upon the powers
of justices of thu pence concerning
ic'tlons on conducts for real estate Is to
I'xcltido from the cognizance of mic-h olll-
c < rs proceeding ! ) Involving n determination
of the tlllo or boundaries of 1 mil and note
; o render Inuiltnl.sslblo In actions within
their jurisdiction deeds , contracts and
other evidences of title.
2. A county Judge In the exercise of the
luthorlty conferred upon him as a ju -
.Ico of the pence 1ms jurisdiction of actions
: o recover liquidate ! ilimages upon the
'allure of the defendant to convey real es
tate In ac'coid.ince with the terms of the
igrrcmcnt which Is the basis of such pio-
coedlngs ,
3. AKIcement alleged as the rauo of
lotion examined and hold not a mere pen-
illy , but n iiiovNIon for liquidated dam-
iKi'H upon the default of the promisor.
Omaha , Consolidated Vinegar company
nBiilnst Hums. Appeal from Douglas
county. Opinion by Judge Harrison.
The contiaet upon which the erons petl-
lon In thin action ileclan-d construed ami
leld to bo an agree mc'iit under which the
lefeiiilant was to sink a tubular vvoll of
iroscrlbcd dimensions until a flow of 2,000
gallons of water per hour was obtained , not
0 extend , however , bejond a depth of SO )
eel , at any nscri tallied or llxed coinpiMisa-
lon for sueh further extension , and not In
my event to extend beyond a depth at
which the company , the employer , should
Klvo the defendant notice to quit work
2. The oroj-s petition declared on u < 'om-
iletod contract , during the progress of the
work unilor the contract , the company
lotlllcd the defendant to stop any fuither
work on the well. With the requirc-
nentH of Mich notlco thu do-
rvnd.int compiled Held , that under the
leadings ho could recover the i-ontraet
irlco for the number of feet of UNI well
then completed UH to dimensions , casing ,
itc , lu acc'ordunco with the cotaniet. imil
for no more.
3. The contract In question did not pro
vide that any Hpeellle quantity or llovv of
water should bo obtained as a condition
niri'deiit to or upon which depended rto-
'cmiant'H right to rompciibatlon for mich
ubor as hi ) peifonmd or materials ho fur-
ilsheel In the completion of any portion of
he well according to contract , and further
n this connection that the contract WUH
iiforceablc , nothvvlthstaiidlng Its omission
n respect to the ) condition to which refei-
lice has just been made ,
4 Held ; That under the facts and cir
cumstances nho\vn In evidence the con
tract by virtue of which defondnnt do-
mauled a recovery was binding on thu
ompnny against which the claim vwm
HOUght to be established ,
S. The account for labor performed and
naterlnlH furnished In hlnklng u tubular
veil afford no foundation for u claim for
1 meehaiile'H lien on the premlbea on
vhlch tint Improvement Is made
fi The former opinion In this cnto to the
xtunt the construction given thu contract
jctween the company and defendant ellf-
ei l and was In ronlllct with the construo-
lon herein adopted , Is reversed
West Point Water Power and hand Com-
lany against Moodle. IJnor from ( 'inning
ounty. Hevcrse-d and dismissed. Opinion
jy Judgu Harrison
"It U u well established rule of pleading ,
iiieler the codu na well as at common law.
hut a judgment upon demurrer must bo i
ngnlnxt the pnrtv who ( > pleading wn ilri
defective In sulniatirp , nnd that a demurri
searches the * ntlro record ntiel must KI
ncnlnst tlio flr t error" Howcr nonius
Aultman , 27 Neb. 2Mi Oakley n nlnsial
Icy county , 40 Neb. POO
J The legislature of the > e < nr W pnwi
ft Inw entitled "An net to prohibit the cntch
Ing of gnmo ll h In ceiinln e-asen" ( Kci
( ruslon lavv , I > i75 , V.IKP 21) The net ir
fe-rred to was the subject of nniendmenl am
lepi > i\l by the legislative body which con
veiie'd In 1S71 , tn | ) title of the amiMidiiloi.v
act being ns follows : "An net to ninem
sections 1 , 2 nnd 3 of nn act entitled , 'At
ni-t to prohibit the catching of panic llsl
In certain cases " ( Kc slon liuv , 1W JUKI
71 ) nutlng a session of the IcRlilnturc i-on
veiling In IVST nn not wns passed undei tin
following title "An net to ninrtid seclloi
1 of 'an net to amend srrtloiifl I 2 nnd T ol
all net cntltled"An net to prohibit tincndli
Ing of game tlsh In rritnln ons- " ( So
olon laws , \ . II.IRO CCJ. e-hnptei 107) ) Amom
other Ihlngs this latter ait in uhit eihllgn
torv upon peisons or coipoi itlons owning
erecting of maintaining a mlllil.im acros-
mix sttc mi of water In the > state , to con
Mulct ami keep siiltnblo llshwn\4 for the
pn < ing ( < of tl li over nnd mound the eliiin
Ill-Id' That the portion of the- net last H ,
fe-rred to which pre-scrlbed the dutv of run
slrucllon , etc. of a llshwn > , vvns a subji i I
not i-xpre'sspd In tlio lltlo of tin- net , uiu1
hence the net to the e-Mi lit It was at
tempted to legislate therein upon such mill-
je-ct , vva v\ltbln the e-oiistltutloiml Inhlld
tlon that "NO bill shall contain more Hint
one1 subject anil the name shall be i-h-iitl )
( \pie-sm-d In Us title' This H equally tine' '
whether the act be vlevve'd us an ntnendn
torv oneas It It suppoiled m us an Inde
pendent net complete- within Itself
Slate Hank of l.usblnii agnlnst Kol
rompliny 1'rror from VoiU con.iiMotln
for re-hew Ing denied. Opinion by Judge
Net \il. ;
ruder sce-tlon II. chtiptcr 12 , compiler
stntllte-s a nml IgiiKoelu good fnlth Is one
who lakes a chattel mortgageto KCIMIIP i
debt actually and jusllv owing to him ,
whether lire-existing or not. without actual
or constructive notice of prloi equltle"
against mortgaged propel ty.
S Tootle ) against rirsl Nation il bank ,
Clmdron , .11 Xcli , SOI dKtlugillshe > d
Thnmr-s against Hh irp Appeal from
Knocounty. . Alllimeel Opinion by .ludgi1
Norval.
A cerlllleil transcript of the lcoord of n
dcrd duly recorele I limy be teMil In i-vldence
with like foiee- and olTect of the original
deed , whenever the' original l shown to lie-
lest , or not belmiglng to the pai tj seeking
to use1 It , nor within his roiitieil Section
1.1. chapter 7.1 , complleel statutes
2 Kvldonco In theease considered nnd
held Milllelent to sustain the Undlng of the
trial court , th it the deed purpoillng to have1
been madeby I1 T to J. U. A was genuine
mid not a forj-ery
Slough against Ogdon. Kiror fiom Jllxon
county. Alllimed. Opinion by Chief Justice
Post.
Post.Whelhei an alteration apparent fiom the
fiiee ot a note1 was made ntL or bilb e-quciil
lei. the timeof Its execution , Is a question
of fact fen thejmv. . nnd It Is not In sueh
e-ase i-nor to receiveIn evidence the note
sueil on , upon 7iroof bj' the piveo that the
alleged alte'iallon was made pievlous to
Its icce-lpt bv him , on thertnv uf Its elate- ,
from one of the Joint makers theieof.
L' The law has confe-ricel ujiou the trial
court some ell cretlon In elctermlnlng the
limits within which the cross-e-xamlnatlon
of witnesses ni'iv be allow < d and Its action
In that iispeel will not In II.e nh'cnco of
an abuse of dlbcietlon bo the subject of
lev-lew by this court.
: t. Whcre > seveial Instructions are grooped
In one assignment of the motion fe > r a new
trial or petition In error they will be ex
amined no further than to eleteimlne that
a single one thereof was tightly given 01
lightly re'lused.
The Chicago , Uurllngton & Qtilncy Ilnll-
road Company against He.idrlik. Kiror
from l.incaster county. Alllimed. Opinion
bv t'h'lef Justice Post.
Sretlons nsr , nnd 1017 , Cede Civ II Proce-durc ,
denv ing appeals from jiidginents of justices
of the peace v\lie-to thu amount claimed
does not i cce-d $ JO , are- not lepuejiiant to
"W-ttons G and L'l of the- bill of lights
( Mor.se against Powell , 10 Neb C71 )
2 Noi Is the eb nlnl of the light of appeal
In such case vlolntlve of section 3 of the
bill of rights prohibiting the taking of pri
vate property without elue proe ess of law
rirat National Hank , Plattsinouth ,
against Tlghc. Apjicnl Irom Cass county
Allirmed. ejplnlon by Judge Haiilson
The legal title to real estate Is vested
In the giantce bv a deed theieof absolute
In form and Import of Its terms executed
by a competent grantor although such In
strument may bo In fact a tnoitgngc , or
given as f-ecmlty for the payment of the
debt of the grantor to the grantee. There
lemnliib In the maker of the convev.ince
but the right to demand , on pivment of
the Indebtedness so beitiired , nnd receive
a reconveyance of the title , and In order
that he may be again Invested with the
title to the property a reconveyance is
nccehsaiv.
2. A judgment In the district court Is not
u He'll upon the Judgment debtors equitable
Interest In real estate ( Nessler against
Neher , 1C Neb . Ml )
: : The equitable lute-rest of n Judgment
debtor , If not coupled with possehslon , can
not be subjected to the p.ijment of the
debt by levjlng of. execution theiccn , and
sale under Mich levy. To make It available
for such purposes the aid of the courts
inupt bo Invokeel bv proper proceedings.
( Shoemaker against Harvev , 43 Neb , 75) )
State ex rel Hrovvn company against
Hovel. Mandamus from Itrown county. Ap
plication lor writ denied and action dis
missed. Opinion by Judge Harrison.
A mandamus will li-sue e-ven after the
expiration of the t rm of ollico of a county
clerk to compel him to poi form the duty
of leportlng all thu fees of his ofllce. also
to piy Into the treasury of the county any
excess above the amount he was entitled
by law to retain.
1. "A proceeding by mandamus Is birred
jy thr statute of limitations at the cxplra-
; lon of four jears from the time the right
: o the writ accrued. " State against King ,
31 Neb , lfi !
3. The requirements of the law In rccrnrd
lo a fee book to be Ucpt by the countv clerk
and the reports of his fees to be regularly
made to the county boards combined with
Ilia provisions of the statute In n-Fpect to
the amount to be charged In each Instance
as a fee , and the fact that Nvhat has been
done by him for which < i fee should he
charged and collected , appeared of record ,
ire sulllclcnt to charge the board with
notice of any dl-.ficniincy between the
amounts ; from which It follows that the
Ight of action to enforce the elnty of mak-
ng n true report for any cuncnt year , nnd
; o pay any excess of fees Into the county
treasury , would accnie at the time- the rc-
lort was due , or made In an Incomplete
ir defective form , nnel this would bo the
nib ) If the. rendering of nn Incomplete or
false report bo conslileie-d In the nature of
i fiaud nn the boatd to which It must bo
iiownted.
4. "An .lotion for relief on the ground of
fraud must be commenced nt any time
within four years after thedlhcovery of the
facts constituting the ftaud or of facts
hulllclent te > put a person of ordln try Intcl-
lijcneo and prudence on an Inqultv , which ,
f pursued , would lead tei Mich discovery.
Glllesple against Cooper : iii Neb , 77.T
Ue-mpster J11I1 Manufacturing company
against Plrst National Hank , Holdroge- .
Irror from Phelps Heveise-d and remand
ed. Opinion by Judge Norval.
An Insolvent debtor has the right to payer
or secuio a ercdltor to the ) exclusion of
otlicis , and the ) Intention to defraud can-
lot bo Inferred from the mere fact that
suc-h prefcrtnco wns given.
2. An allegation of error ns to the glv-
ng of u gioup of Instructions Is Insnlllclent ,
inless all the Instruction : ] Included In
such group me erioncous.
.1. Patiol te-stlmony In not ndmlnslblo to
irovu the contents of a written document
mill Its absence Is accounted for ,
Btnto ex icl City Water company against
City of Kearney Mandamus fiom Huffalo
county. Opinion by Judge Norval ,
It Is the ) hellled law of this state that
vvhero It Is bought to amend a legislative
e-tmctment , thu amended law must be Kt
out In the now act and In addition contain
i provision for the lepeal of the old law
ho anu'iided.
i. The amendment of n sub-division of a
section of a designated statute Is not un-
onstltutlonal merely beeaiiho the amendn-
ory act does not contain theentire' bectlon
IH amended It Is a siullclent < ompllance
vlth the irqulrcincntB of the e onslltiitlon
n the now act contains the sub-division UH
iinendi'il , and a repealing clause.
3 The leglslrtllve cnncline nt , approved
March 2 , 1SC ! > , entitled "All act to amend
HUb-illvlHlon e io nf section O'J of chapter
I , of the Compiled Statutes" ( .Session
avvs. IbS1) ) , page 1CI , chapte I ID ) does not
conflict with M-cllon 11 , aitlelo III , of DID
nnstltutlon piovldlng that "no law shall
io amended unlcnn the new net contains
ho section or sections so amended , " etc.
4 Under the constitution of this state- ,
i statute ) which contains no emeigeiiiy
lauho does not boc-onio operntlva until
hrcc. calendar months after the adjourn-
nent of the session of the leglslaturo at
Vhleh It pissed.
C. Though the-ro bo apparent confusion
n thu application of an act to an existing
utalutn buiiRht to be amended thereby , the
imenilatory act will not bu ilee-laieel un
constitutional where the Intention of the
cgltdaturo Is not doubtful und the amend-
nenl Is ( OiiHlxtcnt with the title and the
ubjoct matter of till ) oilKlnill law.
U. He-Id that theae t approved Miuch 10 ,
KVi , to amend section C'J of an act entitled
'eight , nn act to provide ) for llm organlin-
lon , government and puwem of cities und
Illaues approved .Mmeh 1 , WJ" ( Session
awH , lS-n , | Mgo 1C2 , chuptcr 20) ) docs not
onlllct with Hicllon It , nitide III , eonstltu-
Ion , thouch an act was passed with an
emergency UUIIHO on March 'i. 1SW , iiinuiid-
ng a puh-dlvlHluii of said nee tlon 09.
7. Specific provisions of u statute ruini
ng | u a particular subject will pruvall over
enerul provisions In the name enactment
i. Under tub-division 1C , ueutlon C9 , Com
plleel Ptntiihs 1 < 5 , n ( nx not
A inlllii on the dollar of thn asse-sscil vnl\N \
ntlon could lie lovle-el by a clly of the * * < ! L
onel chics 01 villoRrs to J > ny for v ntcr fur *
nlshed fttieh clly or villager iinde-r conlrnot.
! ' The ICRlslaluro Is powprlfHs to PHB / i
law Impilrlng the obllKatlon of contrnol i
South Omaha News .
The ordltntirp ptMhlhlllng the throwing of
gla < ; s on the strcetn WAS paused bv the coun
cil at the request of qulto n number of
cltlrrns , but as > r-t not a single arret hns
been made by icnson of Its violation At
the roincf uf Twe-ulj fourth find N stre-rln
veslcrdaj lay tun pile ? of glass which hue !
been dumped theic. the night bifonAn
rmplovc ot a clothing utotettf , eeen to
come out of the stoio and thiovv a handful
of i-ln < ! s In the gutter , but I ho policeman
standing nno s the street never
saw ( ho act , though he waa
looking tint waj In fiont of the
llUh nehool building on T\vrntv-lUtli \ sticct
lies n lame- pile of old bottlcR which had
been placed tin-re * during tlio night hi BOIUO
unknown petron. Stoic keepe-M null persist
In ( lumping the ) iivve-eplngs fiom Ilielr
places of business into tlut guttc-rei ,
Insle-ad of thinning them Into an null b.ine-J ,
as an tirdlnaiice spu-ines shall bo done Or
dinances anpassiil nt nearly every st-suloti
ot the council , but few ate ever enforced.
Cll > Slrce-l MIIJ Id. Vae-nte-d.
Yesterday afternoon Councilman llvlaml
and City Engineer llenl wont down to Pour-
tcetith and 1 sticcta to look up the matter ot
vacating the latter sticel at that point. A
petition was filed with the council Monday
by the agents of the property , asking that
the rlty vacate. The strip of ground In
question was only dedicatee ! to the clly l.nt
jcar It Is 00 feet long by 30 feet wide. H
runs fiom the noith llro of I stieet to the
cltj limits. It appears that nlnco the prop
erty was dedicated to the clly a deposit ot
sand has been found ( hero and the- owner
would like to have- his laud hack. It Is not
probable that the land will ever bo used by
the rlty for a sit eel , as icsldents lu that
neighborhood nro scarce1. I ! } land will make
a rejort at the next mooting of the council.
< : < INHI.
H. Oldlaiul , a prominent Colorado cattle
man , Is In the city.
J. A. 11111 , n business man located at Til-
ford , R 1) , Is a visitor he-re1.
A. J. Weeks of Merino. Wvo , was a vis
itor nt the * yards jcste-rday.
J. C Kjan brought six loads of cattle lo
this point jcsterday frcm Merino , Wjo.
Mrs. P. H. Clark has grtno to Ited Oak ,
la. , for a thrco weeks' visit with relatives.
The High School Klteroty society will glvo
an entertainment at the school this after
noon.
Perry Inwood of Shenandoah , la. , pur-
chraeel thrco cars of feeders at this market
jestcrday.
MLss Carrie I ) Shaffer of Altoona , la , Is
tha gurst ot Mis. 11. L. Wheeler , UOO North
Twciilj-becond btu-ct.
The Woman's Mutual Improvement club
will meet with Mrs. Havens , riftcenth and
M streets , this afternoon.
Next Sunday nfteinoon Hov. Herbert P.
I'spj will address the Young Men's Chris
tian association meeting on "An Upright
Life. "
Delegates to the live stock convention at , *
Poit Woith will be chosen today. It Is ex
pected that a number of business men at the
exchange will go down just for the tilp.
Wednesday evening , October 28 , at Young
Men's Institute hall , the Initiation team of
loilgo No 10J5 , Modern Woodmen of Amer
ica , will glvo Its annual ball. The mem
bers are leaking great preparations for the
event , which promises to be a very pleasant
affair.
The Kings' Daughtcis met at the homo of
Mrs. W. II. Check > esterday afternoon for
the purpose of electing officers to herve for
one vear. The election lesulted as follows :
Mrs. A. L. I.ott , president ; Mrs. U. U. Mont
gomery , first vlco president ; Mrs. Denna
Allbery , second vlco president ; Mis. L. G.
Gibson , secretary ; Mrs. W. IJ. Check , treas
urer.
Today suit will bo commenced against the
city by the attorneva for Mrs. Kllzabcth
Freeman , who seeks to recover $1.00 < > daui-
-ges on account of Injuries alleged to have
been sustained by falling through a de
fective side-walk. An offer T.as made to
the cquncll Monday night to Kettle this
claim for $300. but no action was taken li >
Lho matter. Mrs. Fieeman stepped on a
loose plank in the bldevvalk at Twcnty-
rourlli and W streets , and was quite badly
hurt. _ _
TiriauAPiiio HKUVITIHS.
Gold In the treasury Is $123,010,831 ; cash
bilanec , $211,370,0-18.
President Cleveland on n C. Henedlct's
steam yacht Oneld v spe-nt yesterday fishing
and will arrive in Ne-vv York some timeto -
daj , leaving for Washington at midnight.
Cape Ann Savings bink nt Gloucc-bter ,
Mn s , one of the oldest financial Institu
tions In the state , has closed Its iloori.
Georpo J. Marsh , aged G. ' , the treasurer ,
shot hlnibclf dead.
Ohio bankers elected Robert MY-Curdj' of
Voiingstovvn president ; S H llankin South
Charleston , Meretarj' . Governor Hiihhnull
di'llvereel nil addicts on dependence of man
ufactures on banks.
Third quarterlj- payment to Osage Indians
s being made at Perry , Old Two gamblers ,
tones and Evanbuncoed a gang of full
iloods Tuesday night nnel were run out of
town , nnd It Is re-ported were beaten to
leath on Turkey creek.
Ohio Women's Christian Temperance un-
on nt Voiingstovvn elected : Mrs. II. Li.
Monroe of Xe-nla , president : Sirs. A W.
Chirk , Columbia , vice president : Miss Anna
Pollock. Ne-wnrk , lecorellng secietary ; Mlsa
Emma L Goodwill , Canton , treasurer , Mrs.
A. II. Clc-vc-iifioi. Wilmington , vice pres-
de-nt-at-laige. Mrs Maiy Castle ! at the
] c.\t meeting will move to dispense with
ollico of vice [ ire-bident-nt-l.irie.
THE TAILOR.
Fine Line of Fall and
Winter Suitings.
130 S. Main Street
TWIN CITY DYE W03XS
DYKINOANI ) CI.HANINtl
Clothing , Drcssji aaJ llousftoll
OMAHA Ol'1'ICU-lUl Kurnum. T l. J3l.
COUNCIL , IlI.Ul'TH Wotk. und Otnc * . Cor. / v *
nu A and 16Hi HI. Tel. 110.
Council Bluffs , Iowa.
CAPITAL , . . $100,000 ,
\vi : SOLICIT voim
VVU IM2SIIIU YOUH COL1KOTIO\H.
OM OF Til 10 OI.IHCSiT UAMCH IN lOA
D nu C-ICNT 1'Aiu u.v TIMIC nii'OfllTa
DAXL AMD IBB II * OR WllITtt. '
