8 THE OMAHA DAILYIiEEs mm DAY , OCTOBER 15 , 185)7 ) ,
PIT 11 An IM AtM'P 1VP CM HP IA XT
SYNOD CLOSES US SESSION
BesolutioTi Adopted Protesting Against
Opening Exposition Gates Sundays ,
HASTINGS AND BELUYUE COLLEGE FIGHT
Siitirpp nf Con 1 1 mini Ciinlrnt or >
grtttiMl by
Illllll lllHtllllllllllN OH
Pee 41 n .
"By holding a lengthened meeting yesterday
afternoon and by remaining In session until
nearly 11 o'clock last night the Presbyterian
Eynoxl of Nebraska succeeded in clearing
nway nil Its bunlnois and adjourned to inset
next autumn in the I'rctbyterlan church at
Hasthgs.
There was a considerable amount of busi
ness of Importance transacted during the
ectson ! and a goodly portion of this came up'
In yesterday's meetings. The part which
will Interest Omaha people generally , outside
the 1'rcsbytcrlan denomination , U that the
synod passed resolutions protesting against
the opening of the gates ot the Transmlssls-
elppl Exposition next > car on Sundays and
also against Iho free distribution and sale
of Intoxicating liquors on the exposition
grounds whllo thu show Is In progress. A
special rrectlng was appointed to carry thete
protests to the exposition management.
The feature of the entire session , however ,
between the colleges
was the usual annual fight
leges at Hastings and Bcllevue. This was
finally settled otter a long discussion by
plating both colleges under control of the
Bynod and putting both on an equal footing
as synndlcal Institutions
CONTEST BimVKHN COLLnanS.
This controversy between the two college -
logo ) was brought up at jestcrday's morning
session and hold the boards until the noon
adjournment. A year ago Bcllo\ue was
designated as the synodlcal college , and dur
ing the jear It received whatever fltmnclal
assistance the Board ot Aid was able to
furnish. Yesterday the trouble was again
opened up by the report of the committee on
colleges which recommended that the
jirosbvttilcs of Kearney and Hastings give
tholr support to Hastings and that the re
maining presbyteries support Bcllevuo. But
the feature of the report that aroused the
combatlvcness of the friends of Hastings was
that which persisted in alluding to Bcllevuo
os the syrodlcal college when the Hastings
sympathizers assert that one is as much a
eynodlnil College ns another.
The matter was debated at length and with
Bomo degree of acrimony. President Pattor-
Bon of Hastings contended that It was mani
festly unfair that Bellcvue should bo per
mitted to advertise Itself ns the only synod-
leal college in Nebraska , when his college
nns equally entitled to recognition He de
clared that theiawns nn animus back of the
movement that never should have been prc-
eclitcd to the synod and ho Intimated that
while It might bo podslblo to take such action
lieio where the friends ot Bcllovuo wcro In
the majority there would be a shaking up of
dry bones when the synod was held In the
western p-rt of the state , is hero Hastings
would bo largely rcprcccnteftT
The motion to adopt the rccommeiiditlont
of the committee was amended by Dr. Flem
ing to provide that those recommendations
wh'ch referred to the college contioversy
should bo referred to n hpeclal committee to
look up the faffs relative to the relations
of the two Irptl'utlons to the synod and re
port at the next sjnnd. A substitute was
offered which provided that the recommen
dations should bo atrleken out entirely and
after a long discussion It was adopted by a
unanimous vote and the report was referred
back to the committee- with the understand
ing' tlin. ' . It'vvjll bo resubmltted In a form
which will more effectually locouclle the-
confilutlng Interests.
VISIT TO riELLEVUn.
The synod adjourned at 11:40 o'clock ant !
took a special train to Ucllovuo college ,
where the delegates were escorted through
the Ins'ltutlon and wcro entertained at ltinoli. _
Sevcral hours were spent on the college
grounds. The visitors returned to the city
In time to resume the session at 3 o'clock.
When' business was resumed after the
usual devotional exercises the committee ap
pointed to consider the dlfilculty between the
two colleges reported In favor of placing both
on an equal footing as sj nodical Institutions
After another extended discussion the report
wan finally adopted.
The only other matter of Importance re
sulting atfcthc afternoon session , which wan
extended , howa\er , a half hour to dispose or
other business , wns the passage of a resolti
tlon protesting agalrst the opening of the
fiatcn of the TransmlsslsslppI Exposition on
Sumla > 8. The following committee wns ap
pointed to carry this protest and.to speak In
favor of It bcforo the exposition management
Dr. John Gordon , Dr A. G. Wilson and J C
Whaiton of this city , and Dr. W M. Hind
man and Thomas Darnell of Lincoln.
An adjournment wns taken until 7 no
o'clock last night , at which hour a good
number of lajnicn and lay women won
present to listen to the deliberations of the
evening and to addresses The Bejslon war
opened with devotional exercises and then
Dr. K. I ) . Hedge of Philadelphia * secretarj
of tha Presbyterian Board ot Rducntlon. de
llveied nn address upon "Kducatlon "
Dr. Hedge dwell considerably upon the
. work- that the educational board has done Ir
Its Institution. Ifo stated that In tin-
seventy-eight years of KB exls'cnco It had
spoilt ( tome $250,000 lr s thin the per dlcir
expense of maintaining the union army dur
ing the civil war , but with that money a
Kreat work had been ilono. Over 8,000 > oung
men have been educated , who received some
45,000 years of tuition. Of this number some
forty were college professors or occupied like
positions In seminaries. About 100 were
foreign missionaries , mid between r.00 and
COO were homo missionaries. Thcro were
secretaries and editors , and others occupied
other church positions. Dr. Hedge thought
it was ix matter of great congratulation that
dcduc'lng the Iocs of four each year on ac
count of death or other cniifccs , 93 per cent
ot the men educated under the board had ac
tually entered the ministry.
Pni'RND UPON LROAfJlHS.
Dr. Hedge lamented the fact that the
board had to depen.l In such great mcasuio
upon legacies and other sources of Income
besides offerings for the money with which
to dw Its work , Some $100,000 more him bn
paid to students than has been contributed
bythe young people's societies for the woik
Hu Hportcd , however , that many of the
student * were rcpa > lng tlie money that hud
b < en employed In giving them thulr eJuca-
tlon ,
"I v.ont now to consider whetliT ttteic
arc too mnnv , ministers , " continued the
epeaKcr. ; j6cular papers have recently In-
"isUn that there were. As a matter of truth ,
liowever. there U no profession so little over
crowded as the ministry , llocent reports nt
Washington show that there ere between
22,000 and 23,000 students enrolled In the
medical colleges of the country. I have no
doubt that the number- thu law schools
find offices is considerably gnuter , In the
totnlimrlvs there arc but between 3,000 and
8,000 students ,
" .flic cry that the ministry ta over-
ciowdcd has been raised , I think , chlolly
because thcro nic BO many applicants whenever -
over R pulpit becomes vacant. I believe this
can bt accounted for by the fact that niiny
in'r.lners ' deslrn a change for various rea
sons. Of course there are minister * of dif
ferent kinds. I am wllllug to admit thut
* lurt are uneducated mlnlsteis and there
nro cllieia who ought to bo dlscrc.li'eil. but
who are admitted to thu ministry. Such nrc
continually looking for some petition. But
there are physicians and lawera who fall to
Tiiuko a success and I Insist that there ore n
inurh greater per cent of such In. the profes
sions than among the ministers that tra
educated under the board. "
In conclusion Dr. Hedge spoke cf the ad
vancement that had been made In the clvlll-
catlon of the world and ho thought that it
was Blrcnly a preparation for the ultimate
evangelization of the world. Just as Chicago
cage It Ctlng ( ready for a Greater Chicago ,
Now York for a Oreater New York , London
for a Greater London , he thought that God
\VDB getting ready to make the world u
Greater World , and he therefore called upon
the church to assist In the momnent.
SYSTEMATIC ? MUNKKK'KNOE.
At the conclusion of the address , Hov , J. D
Kcrr , chairman of the Board of Sjstematlc
Beneficence , read the report for ( lie past year
The report wan tabulated no as to show
each ureihyte-y li d given to each of tin
eight boards of the church. A greater number
of the churches had given nothing than those
which hod contributed. The total amount cf
the offering.- * was $13,065 , which was an In
croaeo of Jl,102 over last year. The various
presbyteries had contributed the following
average for eich member of Its congregations
Box Butte , 47 cents ; Hastings , 50,6 cents
Kearney , C9 cents ; Nebtuska City , S5 5 cents
Norfolk. 91.0 cents. Omaha , DC.5 cents. The
average per member In the slate was SO
cents. Thirty-six hurche had given ? 1 erin
in or o for each member. The highest offering
was mnclo by the Wlnnebago Indian church
which gave IS.30 Tor each member ot Its cou
K egatlon.
In connection with the report U was sUied
hat many churches had not given In proportion
tion to the size of their congregations , and
that tha regularity and the amounts of the
contributions depended In great measure on
the zeal of the pastors and the deacons. It
was reccmmended that the matter of mak-
ng offerings bo urged at every church meet-
ng by the < hurch oulclals and that envolopcr
bo procured and dlctrlbuted among the con
gi-egrttlon for contributions. The report and
recommendations wcro adciitcd.
The second address of the evening was dc
llvercd by Dr. n. T. Fleming of Neb-aska
City upon "Giving as an Act of Worship. '
The tweaker Insisted that the bible Indicated
.list an offering was as much ot a part o.
he worship of God as pravers. But he main
talned that now , < is In the past history of thf
church , covctousncis had entered. lie said
hat so many churches wcro decaying nnd so
nany church doors were closed that "religion
was becoming a atcnch In the nostrils of the
people. " He stated that the church people
wcro trying to wcrshlp God In a different
nanner than was set down In the scriptures
which distinctly stated that there was no nc-
editable worship without offerings. It wo *
Insisted that there was not so much need for
mo e piang ! or more services as for more
Riving. Thcro were too many dead men In
the uulplt and In the sessions , too many dead
men and women In the choirs The speaker
wanted to sec the churches getting money and
investing In land and raising their ( asters'
salaries. Ho Insisted that It could be done
with a little effort. He warned his minis
: erial hearers to become more energetic In
their icqucsts for offerings or otherwise they
would find that their congregations would so
Increase In covteousness that they would in
sist on cutting down their salaries.
Dr. D. M. Long was to have given an ad-
Iress upon "PropDrtlonate Giving , " but on ac
count of the lateness of the hour , it was
omitted at his own request.
HOME MISSION AriAMIlS.
The committee on the Board of Home
Missions presented a voluminous report with
tnauy recommendations. This showed that
the era-rings for the work had been $3C
greater than for the preceding year. The
: cht important recommendations were that
the S3 nod express confidence In the ability
and management of the board and pledge
Its support : that the SaboUh schools be re-
lucstcd to make a special annual offering
to a slst In the work on the Sabbath before
February 22 ; that the Sabbath schools and
: ho young people's societies be asked for
a special ottering for the educational work
ot the women's executive committee on the
Sunday preceding Thanksgiving ; that a spe
cial committee of one from each Presby
terian committee on homo missions be ap-
lolnted to confer with the Board of Home
Minions In order to equalize better the ap
portionment of the homo mission fur.d to
K expended In the various presbyteries , and
.hat each pnsbjtery employ a pastor-at-
argc to assist in missionary work. The 10-
) ort and recommendations were adopted.
The committee on tcmpeiance reaffirmed
: hc faith of the svnod In the pr'nclplc of
total abstinence , and announced that some
progress In the temperance woik In the
state could be reported. When the report
was offered a member ot the synod arose
and offered an amendment that the exposi
tion management should be atked not to al
low Intoxicants to be sold or given away
on the exposition giuunds during the show-
He ssld that ho had heard that one Cali
fornia firm was preparing to establish tanks
on tlm exposition grounds , from which the
populace could drink as much wine as they
nleascd by simply lurrtag the spigote. This
statement brought , foi th the following
itndndment to the tempprance report.
Tto'solvcd , That the synod of Nebraska
hears 'with ' alarm that Intoxicating liquors
nro to bo permitted on the exposition
grounds , nnd that we earnestly request the
rriniiiiRciiient to respect the Chrl tl.in senti
ment of Nebraska by refusing the admission
of Honors for sale or distribution on the
exposition grounds
The temperance report , thus amended , was
adopted. The amendment IB to bo carried to
" 10 exposition directors by the same com-
ulttec which will urge the closing of the
tatcs ; on Sundays
SOMH KOUTINC REPORTS.
The committee which was appointed at the
last Rjnod meeting to raise $2,000 for the
Omaha seminary did not make a very sitls
factory report. The amount had been appor
tioned out among the different prctbytcrles
but no one seemed to Know just how much
had been contributed The committee was
retained to raise a similar sum during the
omlng year.
The committee on the ministerial relief
ruml from which superanuatcd minister ?
nd the families of deceised pastors secure
support , reported that the contributions dur-
ng tlio last 3 ear to the fund had been \cr
misitlsfactory. It Insisted that at leasl
$25,000 additional ought to bo available next
> tar and urged the pastors to do what they
could to secure offerings for the fund
The committee on young people's so-ictles
sited that It be given power to form a
fynodical association of the societies nt the
roming rallj tint Is to bo held at Beatrice
The request was granted without discussion.
Uesplutlons were offered and pissed thankIng -
Ing the local entertainment committee for
Us care In looking after the delegates ; to the
congregation of the First Presbyterian church
for the use of the building , to the women ol
ho congregation for the entcrtnlnmonl
iffeted nt their homes ; to the officers of
'tellpvuo college for the excursion to that In-
Htllutlon ; to the speakers who had made ad
dresses and to the choir for the music fur-
ilshod during the secslon.
It was almost 11 o'clock when this bus-
'iioss had been cleared away and the synod
adjourned slno die. With n few words from
Modelntar Kurr for the courtesy that hail
been shown him and with a provcr the dele
gates were dismissed.
oi.osn OP MISMO % VIIY in
Aililrt'Hvi'M Miult * on Toplu-4 of
SM'clnl | Inlcri'Nt.
The concluding session ot the missionary
meeting that has been In progress at the
First Congregational church since Tuesday
wns hold yesterday afternoon. On Tuesda >
and Wcdnofcday the services were conducted
by the Neb nska Woman's Home Mlsslonar )
union and ivcre devoted ta a review ot the
conditions piovalllng among homo missions.
Vestenlaj'h meetings ( lertalncd to the work
lu the foreign mission field and were con
ducted under the auspices of the Nebraska
branch of the Woman' ? Boatd of Missions ol
the Interior ,
At yesterday afternoon's meeting the fol
lowing ofllceiH of the Nebraska branch of the
Women's Ilcmd of Missions of the Interloi
were elected for the ensuing year : President ,
Mrs. K. U ritchett. Omaha , secretary , Mrs
\V II , Russell , Omaha ; treasurer , Mrs , F D.
Jackron , Omaha ; recording secretary , Mrs.
K. W. mchords , Omaha ; superintendent of
young people's work. Mrs A. S , Houston ,
Norfolk. Neb. ; superintendent of Junior work
Mrs Frances E. Ford. Omaha.
The pralso and prayer service of the aftei-
IIDOII was led by Mis. L. S. Hand. Some un
finished business pertaining to the work ol
the branch was transacted and was followed
by a sill ring address by HPV Frank A Wai'-
tleld , pastor of the First Congregational
church. Ho spokeon the subject , "Deepening
the Spiritual Life Within Our Churches. " and
b'ougbt forward many suggestions for ob
taining more of real Christian Hilrlt and Ufa
among church folk , He was followed by Mrs
W. P. Harford , who spoke on "Some Spirit
ual Results of Missionary Work , " brlefl }
Humming up the great good , both subjective
and objective , areomplibhcd through larnett
mUblontiry effort.
There followed a general discussion of the
topic "What Has Work In Missions Done for
You ? " Many of the delegates participated
In the dlscusslm and It took on ( ha form ol
an experience iiuetlng. The concluding ad
dress of the afternoon was by Rev , S. Wright
Butler , who xpoke on the topic "Individual
Responsibility for the Spread ot tlio Gou > o'
Throughout the World. " It was a fo < lble
address and tbo speaker did not mince mat
ters in laying the responsibility for Christian
izing the world at the doors of tho&o profess-
lug ClirUtlalty in the wwld today. He urged
ill to bo more loyal In their suppo-t ot the
qrand catifcc ot missions and bade each to
tiiko to himself or herself the divine com
mand , "Go yo Into all the world and preach
the gospel. "
Yesterday morning's service wns principally
devoted to the consideration of matters per
taining to foreign missions , home mission
tcplcs having been discussed on Tuesday and
Wednesday. After the devotional so1.vice , led
by Mrs , S. C. Dean , and the roll call of the < c
associations Lincoln , Northwestern , Omaha
and Republican Valley Mr * . W. H. Russell
read the corresponding secretary's report.
Tbo treasurer's leport was rend by Mrs
Hurlburt and showed that about 85 per cent
ot the money pledged during the year to the
missionary work Ind been collected. The
various associations had agreed to raise $2,000 ,
and of this amount Jl.HOO had been paid Into
the treasury. The exercises ycste day mccn-
Ing were pleasantly Interspersed by a vocal
solo by Mrs. A. G Edwards , accompanied by
Rlnebotd on the violin.
coN.sniiui\i KOHKICV MISSIONS.
I\r IVr Out of Minify
IM.MlKcil In Collected.
Yesterday's ex clses of the woman'o
missionary meeting wcro largely at
tended. The morning's ecrvlco was
principally devoted to the iconsldcra-
tlon of innttern pertaining to .foreign
missions , homo mission topjcs having been
dlscuased on Tuesday and Wednesday. After
the devotional service , led by Mrs. S. C.
Dem. and the roll call of these associations :
Lincoln , Northwestern , Omaha and Repub
lican Valley , Mrs. W. II. Russell read the
corresponding secretary's report.
The treasurer's report was read by Mrs.
Hurlburt , and showed that about SS per cent
ot the monej pledged during the year to the
missionary work had been collected. Tlio
various associations had agreed to raise
J2.000 , and of this amount $1,300 had been
paid Into the treasury. The exercises In the
morning were plcasamtly Interspersed by a
vocal eolo by Mrs. A. G. Edwards , accom
panied by Rlnebold on the violin.
l < " . A. Hin/ IIX.MCIll'l'T MIOI2 STOCK.
From AtclilHon , ICiin. , AV11I lie 1111 Sale
Sntiirilnj , ( > < ( . Kl. Wltliiutt Kail.
AT BOSTON STORE , OMAHA.
To prepare you for this extraordinary
bankrupt sale , wo w III tell you that the stock
Is so laigo It will literally overflow our 3
shoe departments.
The men's shoes are fine.
The ladles' shoes nre the best that
Rochester , Philadelphia or New York sends
out.
out.Tho hoy's , misses and children's shoes are
as good as money can buy
The quantities of all these shoes are so
great that -we expect to shoe the whole
country , at the prices at which they will bo
sold.
sold.The prices will start at lOc a pair.
Not n pair will bo told for more than half
price lots and lots of shoes will bo sold at
.iflc , Eflc nnd 7fic and OSc a pair. Even his
$ G and $7 shoes won't cost > ou but $3 and
3.50.
If you want the shoe bargain of the ago
come Saturday to the opening ot the
Sale of living's Atchison
Bankrupt stock of shoes ,
Saturday at
BOSTON STORE , OMAHA.
ICtli and Douglas ,
For wedding and anniversary presents go
to Burns , 131S Fa main street.
A. V. O. V. M. S.
Attention , Nobles of Tangier Temple ! The
official caravan will leave union depot at
3 30 p. m sharp for a ceremonial session at
Fremont. Visiting Nobles arc cordially In
vited. Henry Hardy , potentate.
noon Tiims MVICIM ; Tiiiu ntoin.
Uvi-rylnMly 'SliiKluc < lic "Soup : of
"ItllMllllIK llllNllM'SH. "
OMAHA , Oct. 14. To the Editor of The
Bee : I have just returned to Omaha after an
absence ot bovcrol months. A change In the
city's condition greeted me which was more
than pleasant to ono who is Interested in Its
welfare. It seems hard to believe. It appears
as though a resurrection had taken place. It
is like the old times when ever } body was
lirosperlng.
Unless all signs arc misleading , a wave of
prosperltj has struck Omaha , Else why this
air of superiority which one notices among
tlio wholesalers ? A short time ago mer
chants could not dispose ot their stocks. No
body wanted the stuff. Tliey couldn't get It
away. Proprietors looked glum and sour , re-
.calcd each other with hard luck stories , con
tinued to discharge their obligations to east
ern manufacturers and jobbers and silently
prayed 'for tl'o time when the farmer would
ivant new shoot ; and Jeans.
Now , as ArtemUh Ward would have said ,
things are not as they used to was. The job
bers of Omaha are w Itliout exception cul
tivating a lotty strut. They can't get gojdj
enough to supply the demand. Every fellow
t'eels good and he will tell jou so on the
-lightest piovocation. Fa mers have got
.noney and country merchants want the
earth. They can't wait. In ihe line of staple
groceries , dry goods , boots > and shoes , mil
linery , In fact all branches of trade , conies
the cry "Glvo us more" and "I want > ou ,
honey. "
The very air Is split Into shreds with the
songs of je commcrc'al travele" , who , for the
first time Incars , finds himself busier than
a boy killing snakes. Well , I'm hinging a little -
tlo bit on my own account. In 'act I haven't
had so much real downright fun since my
nolher-ln-law died. It Is a pleasure to know
hat things are Indeed looking up , that pa
tience is to receive Its reward to feel that
any sort of a chap can grab a polo and knock
down a persimmon or two If he trie" .
I'm not go'ng ' to allow myself "to d cp Into
politics , " for the purpose of accounting for
this gratifying change from worse to better.
Suffice It to know that better conditions ac
tually exist , and as to politics In thu abstract.
I'd be highly pleased If That subject could
bo relegated to the shades of oblivion , while
all hands and the cook proceed to patch up
the leaks occasioned by live 3 ears of adver
sity. As a mathcmatUal fact , a man can't
null himself up by his boot straps , but he
can successfully excrclso that function for
some suffo-lng neighbor. Let us pull together ,
forget the dismal past , crowd on all sail that
can bo carried with safety , so that when the
Idts of Juno arrive Omala and her great ex-
nosltlon will hp one among ten thousand
and a joy forever. TRAVELING .MAN.
Dr. DavlJ * Antl-IIeadacne u , superior lu
every way to nil remedies for headache.
A SOCIATICD CIIAKITinS.
Appeal for Clothing mill MIOTN ,
When the ladles of our city are now lookIng -
Ing over their wardrobes kindly remember
the deserving poor. There Is a la'go de
mand for all kinds -clothing , especially for
women and children. We are appealed to
by several of tlio principals of our schools
for chlluren'B shoes , as many boys and girls
are kcot out of school for tlio want of them
Drop a postal catd or telephone 1046 and our
wagon will call. JOHN LAUGHLAND.
Secretary , 807 Howard street.
< ; nAiicr.n WITH IIIATI.HIS win : .
MaillHOii Mlllnirn Arri-Mli-il oil Com
plaint of UlN Sun ,
Yesterday a complaint was lodged against
Madison Mllburn by his son charging him
with ateault and battery. Mllburn lives ut
Forty-sixth and Cass streets and it Is al
leged that he has been In the habit ot com
ing home drunk , when he has acted tow-aid
his wlfo In the most brutal manner. On the
return from his last evening in 'town ' Mll
burn quarreled with his wlfo and finally
secured a rope from a halter with which ho
struck her repeatedly. Thu woman's shoul
ders and back wcro examined and a number
of bruises nnd discolored welts were found ,
The treatment has left the woman in qulto
a serious condition , Mllburn was captured
returning from a registration booth lu quite
a hllaiious condition.
Arnold's Uromo Celery curts scadacne *
,10f. Sc and r > 0r. All druggists
MiirlliiKtoii Uuulr California HxLMir-
HOIIN ,
Leave Omaha via the Burlington Route-
any Thursday afternon at 4:33 : In a com
fortable tourist sleeper and you reach San
Francisco Sunday evening , l.oa AngeUu
Monday noon. No traimfeifi tar goes right
through. Uniformed Pullman porter and ei-
pcilcnced excursion conductor relieves you
at all bother. EVERYTHING provided.
Tickets , $40. Berths ( big enough for two ) , { 5.
Call at ticket olllce , 1502 Fa main St. , and
get full information. J. B , Reynolds , City
Passenger Agent.
CITES THE SDPlkME COURT
Decision in the ( Hill CIWG Quoted by
Attorney General Emjth.
ISEU-S LIKE THOSE IN BARTL'.Y CASE
ity itniiiiiiK onivo nmi r.njoj IMK
r.niolliiiK-iitN .llu-r.-of lllllV H
: | ( | ] > I ! Ironi I'lciiillair l.lu-
lillllj > oii UlN Iliiiul.
All day yesterday Attorney General Smytli
and Assistant Attorney General Smith argvud
and talked and read authorities and cited
cthcis to convince Judge- Powell that It ir.ade
no difference whether Governor Holcomb nil-
proved Hartley's hand on the day IKS entered
ofllce of ( our da > s afterwards as tar ns the
I'abltlty of the bondsmen for the half million
dollar defalcation ot the ex-state tivasurcr Is
scncernod. This question of law has been dis
cussed for two days now ami It will tirobably
be continued during the greater | > art of the
day. Attorney General Smyth had not fully
r-nmplctoil when on adjournment was taken
jesterdny afternoon and announced that he
would occupy a half hour this morning. Then
the defendants will reply and close the ar
gument.
Asslstctit Attorney General Smith began
the answer to the argument ot the bonds
men when court convened vcsterday morn-
Ing. He Insisted In the first place
that the statute \vhi"h the defense quoted as
supporting the contention that the bond , to
be legal , must have , been filed on the first day
of the term , was not mandatory but simply
directory , The provision says that the bond
"shall be filed on the first Thursday after the
first Tuesday In January succeeding the
election , " which In this case , was Jniiuaiy 3 ,
1893.
SURETIES ARE ESTOPPED.
In the eccoml place Attorney Smith as
serted that the bond became villd because
Hartley became a de facto ofllcor and because
the olllcir and his sureties were estopped
from atsoi'inE the 1-ivalldl'y of the bond ,
they having tendered It and It having been
accepted and the officer having ncted un-
c'cr It.
Attorney General Smyth pointed out the-
danger to the people of the state that would
-csult If ULTO held that the statute fixing
the time for filing the bond vas mandatory
Ho pointed out that the Kovernor , who Is
the approving onicei ; the secretary of state
the filing olticcr , and the treasurer might
conspire to loot the treasury and might rob
It of half a million. In order to release the
bondsmen of the treasurer from liability for
the defalcation the gavcrior might fall to
rinircvo the bond and the becretary of state
to file It In time. When the shortage became
known , according to the theorj ot the de
fense , the bon-Bitten would disclaim all re
sponsibility because of the failure to approve
and file the bead , and would insist that the
gT'cruor and the secrctarv of state and their
boisJsmen were Iho ones to bo held liable
for the shortage because of their failure and
neglect to make the bond n legal one. But
the state would stand small show of recover
ing the half a 'million defalcation on the
bonds of these olllcers , since they were for
only $50,000. Attorney Smyth Insisted that
this fullj indicated that It was not the Intent
of the statutes to thus rob the people , of nil
the protection they had from defalcation ,
through the neglect of a public olllclal to
perform his duty.
BOND IS ONLJY A CONTRACT.
Thus Attorney Smith offered the propo
sition that the approval of the bond \vas no
part of the instrument. He maintained that
the bond was nettling more tnan a contract
between the state * and 'the sureties. The
consideration on the part of the btite was
that Hartley should bo allowed to enjoy the
privileges and emoluments of the office of
state treasurer. In return for this the bonds
men agreed to-be responsible for any shortage
that might occur jn the ofllce. The fact
that the contract was or was not accepted
by a certain time by the state turough the
governor was Immaterial as long as It was
finally accepted.
Upon this view of the bond as a simple
contract Attorney Smith contended that the
defendant's argument was groundless that
they were released from liability because the
failure to file the bond in time had vacated
the ofllcc and that they had offered them
selves as responsible for the acts of Hartley
as a legal odicer and not of Bartley as a
man who had no legal right to the oflicc
even though he performed its duties. The
fact remained that the state had fulfilled Its
part of the contract by allowing Bartley all
the privileges and emoluments of the ofilce.
It remained for the sureties to fulfill their
part by making up the shortage.
In the course of hK argument Attorney
Smith cited a considerable number of au
thorities and also put different constructions
upon those presented by the defense. He
occupied almost all the morning.
BOND A COMPLBTC CONTRACT.
Attorney Geneml Smyth also argued Hut
the bond itself was the complete contract be
tween the stnto and Bartley unil his sarctles.
He maintained that bondsmen were going
back on the cont'act , not on the grounds that
the state had failed to perform" Us part , for
It had dcllveied to Bartley the emoluments
and privileges of the ofilce , but foi the reason
that Bartley had failed to do something he
ought to have done accounted for the stftte
moneys. Attorney Smyth Insisted that Bart-
ley's failure to perform his duties and con
sequently his part of the contract doba'ied
him frnm dcnjlng his own liability on the
bond. The attorney went further and main
tained that the sureties who signed the bond
with Bartley were In exactly the same posi
tion. In support of this statement he quoted
Instructions given by the district court to the
jury In the case of the State against John R.
Hill. Bartley's predecessor , who was also sued
with his bondsmen for a she tagc. This In
struction was as follows'
"By taking the oath ot olllce , procuring his
offichl bond to be approved holding the of
fice of state treasurer and enjoying the emol
uments thereof during his entire term , the
defendant Hill. Is estopped to deny his lia
bility on said bond and such estoppel applies
with equal force to the other defendants
his sureties. "
BOND BINDING "WHEN DRLtVnncn.
Attorney Sm > th also maintained that the
bond as a contract became binding Imme
diately after the deltvoiy of the bond to the
secretary of state , without rega'd to whether
It had been approved by the governor or not.
This was In line with the general argument
that the section ot the statutes providing that
the approval should bo made by a ccrta n tlmo
Is directory and not mandatory.
During his argument , which lasted during
the entire afternoon htsslon , Attorney Gen
eral Smyth went through the list of authori
ties cited by the defense * In its argument and
Insisted that In none of them was to be found
anything in uuppoit of Us contention. The
attorney general wig Btlll speaking when an
adjournment for Iho day WOE taken and he
will occupy a short'tlme this morning.
The trial will occupy a portion at least of
next week Just before adjournment Attorney
Geneial Smytli detained that a session ot the
court be held on Saturday In the hope that
the case might bo finished on the evening of
that day , General/Cowln asserted , however ,
that It was out-of the question to think that
the end would bo 'reached tills week , an be
stated that the bondsmen Intended to raise
another question of law In case- the one now-
being considered waa decided against them.
ins CVHII.US > MSS is nxi'
MomSlli | l ) < w n Jlrt \ < MMi HIM O > T-
IIH mill TriniNrrx ,
Sam Graves , a ranchman from Douglas ,
\Vjo. , Is the laser of $40 and valuable papers
as the result of a slight carelessness on his
part vetterday afternoon. Ho had Just
emerged from a store near Fourteenth and
Hedge * HtrceU , where efreshmer.ts are served
mid iulen\ored to put his-purse , containing
thu valuables , back into his pocket. iHo In
serted It , instead , between his overalls and
trousers and It fell to the ground. Charles
Soukup noticed It soon afterward , but two
women were too quick for him and carried It
av\aj. He najs he could Identify them on
sight ,
Wtr.ted , at once , ten tinners and furnato-
men. Mlltoi : Rogers fi Son.
'
I JUKI ) ,
WJLLUMS-Jlrs. I * T. . October 13. Fune-al
at 2 p. m. from residence , 1318 Davenport
street , to Forest Lawn cemetery.
Dee , Oct. 14 , 1887.
ore.
WE want you to know this as the satisfactory store. We
want you to associate it with all that is fair and honorable and
pleasant and satisfactory and good , We want you to feel that
every single dollar you spend at "The Nebraska" be well
spent. In these days of many-sided merchandising there
should be satisfaction in trading at a store where you don't
need to be sharp. There should be comfort in knowing one
of the few stores where you can trade safely even with your
eyes closed. We want to be known as such a store , We
know there are thousands who want to trade at such a store
and we mean to fasten them to The Nebraska with bonds of
mutual satisfaction and good faith , Today , our fourth day in
-the new store , finds us much better prepared to greet our
friends. New goods are being opened hourly and every de
partment is in better shape. Such of our friends as have not
yet called on us will find one of the pleasantest stores in the
world. Pleasant to look at , pleasant to trade at , pleasant to
keep in mind.
scivc KOH A rnoMisni )
ClmrlcH .N'i'll ANKH ItftMiinpciiHu for
l.ooullnn- \ tvbreaker. .
County Judge Baxter is to decide whether
or not Charles Nell ot Waterloo Is entitled
to $100 reward and his expenses In capturing
Bert Holtz , a young man who Is to be tried
lu the criminal court this term for convertIng -
Ing to his own use the proceeds of a sale
of cattle- belonging to Mary Kcnewny ot
Waterloo.
The case of the i-jnversion of the money
has already obtained publicity. In July of
this year Mrs. Keneway decided to ship a
lot of cattle to the South Omaha markets ,
ami cent them there In care of W. C. Holt/ ,
commonly called Bert Holt ? . After dUpoh-
Ing of the cattle Hcltz pocketed the pro
ceeds , which amounted to S412 , and went to
Lincoln. Before ho got > any further he was
arrested nnd brought back to this city. In
due course of time ho was given a prelimin
ary hearing and was bound over to the dis
trict court.
Neil claims that he was Instrumental In
bringing about the capture of the joung
man , and alleges further that he was em-
plojed by Mrs. Kcnewaj to get him. He
etajs that h'a reward was to be a note for
$100 which the woman held against Holtz ,
and furthermore , that all his expenses were
to have been paid. In the belief that this
agreement would be kept , he states that ho
tecurcd an ordci from Holtz for | 300 , which
wns the amount Holtz had. In bis possession
when ho was arrested , and which Is now In
the hands of Sheriff McDonald. Heallcget ,
that now Mrs. Keneway refuses to give up
the note or to pay the expenses of his pur
suit. In all his cljlm amounts to $118.
In tbo meantime , Mrs. Keneway began
suit against Holtz In the county court foi
the amount of money he accuroj by the hale
of the cattle. In this way she tied up thu
money In the sheriff's hands , for an order
has been served upon him from the county
court to retail , possession of the money until
further orders. In this minner Nell was
unnhlo In gut any money on the order which
Holtz gave him. Therefore Nell has filed a
petition of Intervention In the case started
by Mrs. .Keneway , In which ho auks that his
claim be allowed before tnc money Is turned
ever to the woman by the sheriff. Attornevs
who aFslsted In the prosecution of Holtz and
the recovery of Iho money have also filed a
claim of ? .10.8r > , for which they eay they
hold a note signed by Holtz ,
You can't arto-d to risk your life by al
lowing c cold to develop Into pneumonia or
consumption. Instant icllef and a certain
cuiearo affotded by Ono Minute Cough Cure ,
mini's KYIJ vuw oi > ' nxrosrnov
Hveeiltlte Co MI ml I lee I'liri'lillHi'H I'le-
ture of the ( irounilx ,
The executive committee of the exposition
held a short session at G o'clock last evening
at the request of Manager Hosewater , who
lecommendcd the purchase ot the blrd's-ove
vlow of the exposition grounds made by 13. J
Austen , an artist employed by the Werner
Publishing company. The picture had been
carefully examined by members of the cxccu.
the committed and connoisseurs of such mat-
teis and was pronounced most excellent The
committee decided to purchase the picture at
thu price stated in the agreement , which
caused It to bo made , $300 , It bolng agreed
that the name of the artist was to appear
on copies made Xrom the drawing. The pic
ture is a black and white wash drawing and
chows the exposition grounds aa ceen from
an elevation southeast of the 1)1 u IT tract ,
showing the handsome main court to the best
advantage and giving a faithful Idea of the
entire exposition grounds.
The committee decided to sewl Mrs Ford ,
secretary of tlio woman's board , to the an
nual meeting of the Liberal Itollulon con
gress , with a view of securing the next meet
ing of that body.
Dlstlguremeiit for life by burns or scald *
may be avoided by u-'lng Do Witt's Witch
Hazel Salve , the great remedy for piles and
for all kinds of gores and Mn troubles ,
I | i Hie AHNCM. |
Thomas MeCague , receiver of the Ger
man Savi'i | .H bank , has bfj-un proceedings
In the district court to foreclose n number
of mortguges that are held In thu luuet.s of
the defunct bunk. Oneof the cu en In
ngulnH the mute of Churls Goodman The
bank held two nolei Hlgneil by Cooilmun
uml his wife , ono for $10.000 and the otni-r
for tt.UiQ , Another of thu ea.ie-3 In iignlnst
the Nebratlia Investment csmp.iny and In
on n note foi $ . ' > OjO. HUH another C-IKC In
iilliintt Albert Kgf , who huu u > ( ) ulrnl title
to property which vvnn mortgaged to guar
antee payment of a note fur J3.G.V ) given by
J , K. C'urtlH It l iilltKtd thut Kge utiei-d
to clear off the mortgage when lie made
the purchase.
American Lady Corsets are the Best ,
MAJESTIC
Complete ,
THE MONITOR
GARLAND ,
MAJESTIC ,
QUICK MEAL WONDER
Use less coa' ' . Last Longer , Bake Quicker. All sizes ,
styles and prices from 523 up.
MILTON ROGERS & SON.
We Are in Omaha to Stay
AND WILL UNDBUSELL THEM ALL. FOR GENUINE HAKQA1NS IN
PIANOS DON'T PAIL TO SEE OUU SELECTED STOCK OF
Ivers & Pond , Emerson , Vose & Sons and
Steger Pianos , Waterloo Organs.
f mull and satisfaction guaranteed or money refunded. Easy
PIIMISKIUMI tjun.oo UPWAKDS.
OHJ.NS KH01I ) jl.-.oo L'IVAItlS. .
SCHMOLLER & MUELLER ,
105 South 15th Street. lelcphone625. !
A. C. MUELTjEB , Pia.no Tuner.
IHCI3 01- AUTISTIC ! IIOOICMKI.VG. .
Volume Wllleli filteH IMeiiHiii-e
lit 1'OHsrnM.
An oxtraoidlnary piece of boolunaklng , as
attractive as it la unusual. In "Advrrtlslne , "
a dainty volume recently put out by the J.
\Valter Thompson company of New York ,
Boston and Chicago , who are among tbo most
successful and Ingenious of the advertising
agents ot the present day , Thk book Is de
signed to odvcrtlbo their specialty , which la
the devising of attractive ndvcrtlaomentB and
the placing of them "whero they will do tha
most good , " I , e , , in the loading publications
of thin and other countries. The cover Is of
celluloid , beautifully embellished with a
raised scroll of leaves and lion em , In which
appears the name of the company and which
encloses a icllef figure of an owl , bearing In
Its claws a lamp , A disquisition on owls and
lamps , show Ing the former to typify wisdom
and the latter to symbolize enlightenment or
publicity , contains Incidentally many valua
ble hints about advertising ami IK quaintly
Illustrated vtlth pictures ot the owl tribe.
The remainder of the volume Is made up of
racslmllra of advertisements all of which
liavo in a marked degree the desliablo qual
ity of catching the leader' * oy and which
liavo been placed In various prominent pub
lications by the Thompson company There
are also cxqul ltely printed facsimiles. In
colors , of the front covers of icy leading mag
azines , newspapers and periodicals In which
remunerative iidvertlscmenlH have been
placed by this Instrumentality The book
contains besides a number of lists In which
all the prlnclp.il publications of the United
States are conveniently classified foi the
benefit of the advertiser. It Is a book which
gives plcaeuro In having , handling and ex
amination , and which cannot fall to be of ,
practical vuluo to thosevhn wl h to know .
the best mcthodi of bringing their wares. |
their products or their services to the atten
tion of the public
I'nioii I'nHllr.
"Tho Overland Limited. "
The mot BUPKUIU'Y KQVIVPKD
train west of the MUbourl Hlver ,
Twelve hours quicker than any other train
to Pacific Coast ,
Call at Ticket Office , 1302 Farnam St.
CURING A COLD
TJia common * > miiiiiiH of n colil me quite wi'II
known , cold In ln-ml , luuricbltlt , nn Inlluinnl
condition of tin luiiilg of tlm nural i > a micH ,
mid Olucli.iiKO llicn'fioin , with dlillciilty In.
liriallilnir tliroueli njBtrllK , v > ati-r nnd nil . > . .
heudnclie.li Illi u fcpllnit us thouiili n. mono ivin >
In the fnitlieul ; cnii'rlnir , couflilnior noitt
tliront ; some fever ( or u "feverish r < 'Cltnir" '
usually nccoinpunvlnB1 fore"um , , mptCm *
unil moro or IIKH loea of imietlu | > . Ac ln n cold
may man frit lleflf l.y n i me li.uk 811 it nrrlc
or BluKsiHh condition ir { 'larlVr' la id ? of
t 10 body and ccinnptiuent utopiJUKo of tlio necie. .
tlons ,
SIIKItVIA.V.S COM ) TAIIIiKTH
Term scientific treatment for Ilia toTruohie
Hymptonu , rillcvliirf theconKiRlnl condition of
thu KUnrta. Inireanlnir tlio amount or iiemilra-
t on na v el | aa the BecrctloiiB of the IddnriH u"4
Iher-nnrl cnunlnir lieallliy ucllon of tin , bowelaT
Theup tablets ran ! M. tnlten ut any time !
whether out doom or Indoors
I'rlcu of Hhcrinun'B Cold Tallinn , 25a per bon
eenl by mull ujmri ita > lit | of uifcc.
Kor sale by
.siiuiniA.v .t ti'ooKM , imuu co. , .
Cut I'rlco . . . „ , , „ , . . 1513 Dodce St.
Middle of lllixlc Omabu , Nib.
\
fChronic Diseases
f
lu cubOb not readily cured by
fC the family phyelulan , a short
coin-no of treatment , at thn
C SHtPARD JIBOIJAL INSTITUTE
may pivo y n milck reltnf
SPECIALTHM : - catarrh
uiiu utl ciiruulu
dititijisos of inuu
and women SicclullBtH | in
each doiarimonL ] Tal. 1138.
Coiistiltutlou Free
SHtl'ARO ' MEDIC\L \ INSTITUTE