0 ' '
I
THE II E R A Pj jy AnorShMt,n&raPcatGreenTroH1,
Lato on Saturday last a telegram
DOINGS A't TIIE CAPITAL.
J. A. M A O MUn rRY, Editor
rLATTSMOUTir, 7AN. J8..1379
Out-flab List For 137J
we nerewun present our readers wttn our
Hub list fur 1879.
Tbc desirous of taftiYir ny of the papers or
magazines in club with the Hxralq hould do
o a soon m possible to avoid the delay eonse
qentbpoo the ruoh at the beginning of the
yeftr,od the mietakea often made through such
tMUTJT.
Mil new miDBcribers to the herald will re
eeWe It from now until the 1st of January, l&ao,
tho giving then nearly u week extra, Hor
ry up and take ad rantage of it.
TIM Hkaau sad Harper's Bazar, Week
ly or Magazine f 4.t5
" m and Inter-Ocean, weekly ... 1.80
" " - " send-weekly.. 4.00
" Prairie Fanner 3.30
" LhoUtIo Courier Journl.. 3. OS
"Ucrtbncrt Monthly 4.8ft
. " St. Nicholas 4.10
" "American Agrteultur1t.. J.70
" Demerett'a Monthly Mair. 3.65
BrlentMe Amerlcam 4.J5
- " New Yerk Sun a.85
" - - Ecleetlo Magazine 5.7S
" " Keb. Farmer, (monthly).. 2.63
" Lefllle'n III. Newipaper... 4.1S
" Toledo Blude 5.00
- -Nat. Livestock Journal.. 3.00
- Uodey'a Ladj':Book S 13
- - Western Knral 3 .30
" American Bee Jouroal 8.65
- - - phrenological Journal.... 3.15
ForR deaths in Lincoln the 12th.
Tub Ohio River
op.
is about bre&bing
Tns Journal of
with Potter item.
the 14th is filled
TnK Annual report of the Secretary
of the Interior is received from Sena
tor Paddock.
"We publish the opinion of the Su
preme Court on the County Seat ques
tion, this week.
The Grand Lodge of Good Templars
met at Lincoln yesterday. Jno. B.
Vlnch was present.
Mr. GitANDPitK of the Omaha Post
says he had to put on double magnify
ing glasses to read the Chronicle week
before last.
V e acknowledge the receipt or a
Kearney extra from Mr. Wm. Stadel-
mann containing an account of the ar
rest of the Kef chum and Mitchell mur
derers.
was received here, stating that Sheriff
Ilyers had-a shooting scrape with the
Mastitis near Green wood". It gave no
particulars,- and tJ?e suspense was
great to know whether the Sheriff was
hurt or some one else killed.- About
nine o'clock some details were receiv
ed and it was ascertained that no one
was killed, on the late freight the
Sheriff and prisoners arrived! and we
got the details:
It would seem that Josv Mastin has
separated from his wife and as usual
in such cases there was trouble about
who should have care of the children.
Mrs. Mastin obtained the custody of
the child by legal process and Judge
Sullivan issued a writ of habeas cor
pus to the Sheriff commanding him to
take the child from the custody of the
Mastins. It was in enforcing this
writ that the difficulty occured.
The Sheriff went to the house and
asked Joseph Mastin to read the writ,
he refused and the Sheriff then read
the paper and demanded the child
when both the Mastins jumped on him
and pounded him over the head, with
wood and chairs. Finding he had no
other resort. Sheriff Ilyers at last drew
his pistol and shot Lauraine Mastin in
the thigh. Getting out of the room he
went to Greenwood and obtained a
posse when Mastin was arrested and
the child secured and brought to PlatU
mouth as stated above. Young Mas
ton, wounded, and the old lady remain
at Greenwood.
The Sheriff has filed two informa
tions against all three, one for resist
ing an officer, and one for assault with
intent to kill.
The injuries to the Sheriff are quite
sevjre and there was hardly any part
of his head that was not contused and
wounded. Xot one man in a thousand
would have had the patience and per-
sefvance he has displayed in endeav
ouring to arrest the men without
bloodshed. "We know nothing about
the justice of the original cause of
grievance but we are clear on one
point, the authority of the law must be
made paramount in Nebraska; we
cannot afford any more nonsense on
this head and the officers enforcing
have the right to protection, and to
shoot in self defense if resisted. The
Mastins can thank the unusual for
bearance of our Sheriff for life to-day.
The case has been put off for trial
until the 17th of February, as the
wounded man is not able to appear.
T1ht IgUlatare etc.
A roRTiox of the gang arrested for j
turning Mitchell and Ketchum, com
prising Olive, Fisher, Green and Bald
win, were lodged in the penitentiary
at Lincoln last Saturday. The others
are at Sutton.
Sharpe and McDonald, convicted of
the mnrder of George K. Smith, a coal
operator, were hung at Mauch Chunk,
Fa., on the 14th inst., and thirty sec
onds after, a reprieve arrived at the
Jail from the governor.
X. V.
Simply to correct a little history.
over which some people seem to be
curious. I beg leave to say that I was
not a candidate for Secretary of the
Senate at the meeting of this Legisla
ture. My name was not used in cau
cus or Senate.
Jno. A. MacMurpiiy.
A Dr. De'Uxger of Chicago claims
to have discovered a cure for drunken
ness, by the administration of a prep-
ration of Cinchono bark. The Chica
go papers are disputing now. whether
DeUnger is a fraud or not.
A bill has already been introduced
at Lincoln to appropriate 6100,000, by
n Mill tax, for the building of a wing
to the present State Capitol building.
It Is thought by many that this will
bring up the whole Capitol moving
business again.
At a meeting of prominent citizens
of the place Saturday evening, called by
Mr. Windham at his office, it seemed
to be the general epiniea that our peo
ple do not desire the removal of the
Capitol from Lincoln at present, but
that they are not exactly willing to ap
propriate so large a sum as 8100,000 to
repair or put wings on nor build a new
Capitol just now while the pressure
of money matters is so heavy.
We acknowledge the receipt of tick
ets to a grand musical convention to
be held at Fremont, Feb. 4, 1879, under
the direction of Prof. I. II. Brown,
Principal of the Cornell College Con-
nervatory of Music, the Union Choral
Society being the originators of the
project.
The legislators of Nebraska seem to
have discovered, through the cloud of
tobacco smoke which usually envel
opes all assemblies composed of men, a
little glimmer of a posaiblity that per
haps this cloud isn't perfectly agree
able to every one; indeed, that it may
be highly disagreeable as well as un-
healthful, and have actually made it a
rule of the House, that no smoking
shall be allowed in it; will it be kept?
TriE Corn Exchange Bank of Chica-
cago,one of the eldest has changed
lrc in a .National Jiank to a private or
State Bank, givingas a principal reason
that taxation is not so heavy on tate
private banks as on National Banks
and they can make more money and
be subject to less annoyance and inspection.
Hon. Orlando Tefft is Chairman
or lite Committee on accounts and ex
penditures in the Senate, and Hon. Jno.
F. Polk of Common schools in the
House. Mr. Vandeuan (float) is Chair
man of Commute of Mines and Miner
als. Mr. Windham is on the Commit
tee of Privileges ad Elections, Consti
tutional amendments and Library, and
Mr. Stone on Military.
Vicx's Floral Guide. This work
is before us, and those who send five
cents to James Vick, Rochester, N. Y.,
for it will be disappointed. Instead
of getting a cheap thing, as the price
would seem to indicate, they will re
ceive a very handsome work of 100
pagcs and perhaps 500 illustrations
not cheap, but elegant illustrations, on
the very best of calendered paper, and
as a set off to the whole, an elegant
Colored Plate, that we would judaje
cost twice the price of the book.
will
2
Madam Axdehsox who undertook
to walk 2,700 quarter miles in as many
consecutive quarter hours in New
York completed her task on the 13th
inst.. This makes twenty eight days
of constant walking with only the rest
which conld be obtained during the
few moments gained ou the quarter
hours. What about the physical en
durance of women now ?
The Legislative Committee of the
Nebraska Editorial Association met at
the Commercial Hotel, Lincoln, on the
13th inst., and appointed A. L. Wig-
ton and J. A. MacMnrphy committee to
wait on the revision commission and
joint commission and see what correc
tions have already been recommended
in the laws; this as preliminary to the
meeting of the association on the 21st
inst.
Governor Gabber's Message was
a most excellent document, the ablest,
by far, ever received by the people of
Nebraska. It wae-delivered with feel
ing and listened to with profound in
terest and respect. When he alluded
to the punishment of criminals, the re
straint gave way and a cheer was
echoed all over the house. Its sugges
tions are timely and will no doubt be
more or less followed' by the Legbla-
Tress Association.
The Neb. Press Association
meet at the Commercial Hotel.
coin, Tuesday. January 21st, 1879
1 . and organize.
The Executive and Legislative Com
mitters and as many members as can
are requested to meet at the same
place Monday the 13th, of January for
consultation and to prepare certain re
ports for the approval of the Associa
tion. Jno. A. MacMurpiiy,
Fred Nyk, President.
Secretary.
Cheyenne Prisoners Loose.
The hos'.ile Cheyennes who have
been imprisoned at Cheyenne since
October, being informed a few days
since that they were to be taken back
to their reservation in Indian Terri
tory, determined to make a desperate
effort to escape, which they did on
Thursday evening last, jumping from
the window of their prison, firing upon
the guards and wounding four. The
main guard immediately followed them
shoo'ing the Indians as they went and
killed forty. The main body were fin
all surrounded, but refused to surren
der, a twelve pound Napolen gun was
sent for, which telling persuader set
tled them. Trouble is now feared
from Spotted Tail and Red Cloud's
bands.
A Vermonter, getting op on a pitch
dark night for a drjnk of water, was feel
ing cautiouslv factlie open door: tinhar.
Pily for him, it lay just ahead, and tho
his groping hand, on either Bide of it, en
countered no obstacles, his nose presently
came in violent contact with iU edge.
His wife responded to his howl of pain,
by asking him what was the matter
"Oh, thunder!" he groaned, I always
anew i u an jniernauy long nose out I
never dreamed 'twas longer than mv
arm."
LrxX'OLN, Wednesday, Jan'y 15.
Tlather quiet yesterday and day be
fore pcf course the Revision Commit
tee really takes up about all the time.
They are dividing the report iuto
chapters and verses so the members
can say 'em by heait, and it's a kind of
a Sunday School business all round ;
that is to say, they all look as if doing
penance when the uauy report oi tne
revising committee is called up.
There are two sides to the question
of adoption of the report, and a few
parties in both houses will try to kick
the whole thing over when it comes
to the nrrai adopucn. X lie sweeping
changes in the mode of serving papers,
putting nearly the whole process in the
hands of attorneys themselves instead
of county officers, or bailiffs, will meet
with strong opposition in certain quur
ters.
MR. WINDIIAM
Has introduced a bill to create
a reform school for juvenile offenders,
and ask to have it located ia Cass
County, which is all right provided we
can get it, and he seems sanguine that
there is a chance for us. The State
needs the school, let it be located as it
may.
THE CAPITOL QCESTIOX
Seems to create more flurry at Platts
mouth, judging by rumour, than it
does here. Either every one is laying
low to see what his neighbor is doing,
or else they don't care whether
the Capitol is moved, razed, enlarged,
or rebuilt.
A fair, judicious appropriation
should be made. A proposition will
be made, viz: To vote for the removal
or continuance of the Capitol here first,
and then if it remains here make an
appropriation for a good Capitol, if not
the place getting the Capitol to build
a No. 1 State House.
THE GOVERNOR'S RECEPTION
Was a very pleasant, though very
crowded affair. There has never been
so great a throng to see the boss of the
State before. Well, he's a good look
ing one this time and will bear in
spection. OUR OLD FRIENDS
north of the Platte all took a little
Herald in their list of newspapers.
Silas Gould, son of C. II. Gould, is one
of the pages ia the Senate, and came
near taking all his papers out in Her
alds, for the sake of old Burt. By
the way, Watson B. Parish is here, and
they want a bill to make the Omaha
Reserve a part of Burt Co., for judicial
purposes ; 'cause the cattle men sneak
over there when the assessor conies
around and marauders fly from justice
to the Reserve for safety from arrest
EDITORIAL MATTERS.
The Committee on Revision have al
ready incorporated most of the chang
es the press demanded in our present
laws and I think will try to do us jus
tice. e hope to have full turnout
of the newspaper men. however, iiex t
week.
THE NEW IMMIGRATION BILL
owreps tne oiu state ooara out or ex
lstence and creates new officers entire
ly, provides for liberal appropriations
for immigration purposes, etc. It will
meet with powerful opposition from
the old clans, of course, and on the
grounds of economy.
THE OLD STATE HOUSE.
in our meeting the other night it
was stated that the present State
house cest $150,000. I have looked the
matter up and it was 690,000, grounds
.-.1 -IT T . l f
uu un. i give mis merely as a inac-
ter of history.
.Next week will be a busy week, the
State Agricultural, Horticultural,
Wool-growers, Fine Stock Raisers,
Press and Historical Associations meet
here, and there will no doubt be "heap
crowd "at Imhoffs' and elsewhere.
There are many other matters I should
like to notice, and speak further of our
member's services this week but cannot
owing to a severe cold, and the further
fact that the publ:cation of the Co.
Seat decision, being too long it would
bust the Herald up to put it all in,
in one week. Mac.
P. S. Three bills for reform schools
have been introduced this morning in
the House, Windham's was first. The
Good Templars are in session now,
T) s . i t ...
i e rry jass nnu oiner j.'iaiismoutlnaiis
are on hand.
Church Howe marched thirty-five
Grangers up to see the Governor this
morning and they were received with
a speech of welcome. The State
Grange, which has just closed its sess
ions, elected C. II. Master for two
years.
At a temperance meeting held at R,
K. Hall last evening a vote was taken
on Prohibition or nothing and Prohi
bition was voted down by those pres
ent, all members of temperance associ
ations. M.
A government surveying party bound
iur ncsu-rn wikis toon in tiK-ir company a
young fellow who imagined himself pin
ing for adventure. But as soon as they
pushed beyond civilization, the glammor
ix-gun xo wear on, ana ne ceased to sec th
beauties or camp hfo. He crumbled a
sleeping on the ground, at getting up at
uayugui, ana at me coarse lood, makincr
of himself a most unmitigated nuisance
One morning he abruptly poured his cof-
ioe on tne ground, demanding what had
been put in it to give it such a villainous
flavor. The cook, with whom this sort of
thing was growing monotonous, raised the
lid of the coffee pot, and looked medita
tively in. Of a Eudden, bis countenance
lighted, he exclaimed 'I've got it, I wash
ed my stockings last night, and forgot
to change the watcr.n
France has now 252 colleges and 86
lyceums. 'The total budget for public in
struction at tho end of the reign of Charles
X. was 1,R23;000 francs; that for the
church 33,175,000 francs; the king and
the royal family coit the country 32,000,
000 francs. Then came the constitutional
monarchy, and in 1846 the budget of pub
lic instruction amounted to 18,000,000
francs. Under the second empire thia
sum was increased by 3,000,000 francs.
The republic, however, litis been more lib
eral, for in 187C it voted 33,000,000 franca;
in 1877, 49,000,000 franc, nnd now it is
asked for 57,823,114 francs 30,000,000
irancs oi which sum is for
structioa.
primary in-
The Connty Seat Question
We publish herewith the opinion of
the Supreme Court upon the applica
tion of EugenoL. Reed and other gen
tlemen, relators, praying the Supreme
court oi tua itate to grant a peremp
tory Writ of Mandamus commanding
the Board of County Commission
ers ef Cass ' County to forthwith
can a second election for tho re
moval of the county seat of Cass Coun
ty. The application was based upon
the claim of the relators that about
150 fraudulent votes were cast (at the
polling place in the city of Platts
raouth), at the special election held
May 14th, 1878, for the removal of our
County Seat, against re-location; that
excluding these votes at least three
fifths of all the votes cast at this elec
tion for the removal and re-location of
thi county seat of Cass C unty were
cast for re-location, and that under the
County Seat Act (Act of 1875) it was
the duty of the County Commissioners
to call a Becond election.
An answer was filed by the Board of
County Commissioners denying the
averments of the petition of the relat
ors, and which raised the question of
the canvass of the vote, setting forth
that it was canvassed by the County
Clerk and two freeholders, and not by
the Commissioners of the County; and
averring that the Commissioners could
not, under the law, canvass the vote.
There seems to be a yery radical de
fect in this county seat act, in that it
no where provides for a canvass of the
Yotes cast at a special election called
under the act.
The answer of the Board of County
Commissioners further raised the
question as to the propriety of the
remedy sought by tho relators; and in
passing upon the questions so raised,
upon the pleadings and argumeut of
counsel. Ave give the opiuion of the
Court, as follows:
The act of February 25, 1875 makes
no provision for the canvassing of tho
votes cast for the re-location of a coun
ty seat. If such omission is not fatal
to the administration of said law then
it must be that the duty of canvassinz
such vote devolves upon the County
Clerk and two disinterested electors of
the county, to b9 chosen by the clerk
for that purpose, as provided by 17.
chap. 20, General Statutes, for canvass
ing the votes cast at general elections
for state and county officers, &c; and
no duty in respect thereto is devolved
upon the County Commissioners, ex
cept to act upon the result as the same
should be officially dtclared. It ap
pears, as well from the rlaintiffs' own
showing as Irom the answer of the de
fendants, that their action upon the
said result has been in accordance witli
their plain duty as prescribed by law.
They had no control over the canvass
or the result, aud the statute provides
that "If at either of the elections in
this act provided for more than two
fifths of the votes cast shall t e in favor
of the place where the county seat is
then located tins question of re-loc;-tion
thereof shall not be again submit
ted for the space of two years from the
date of said election."
When the statute speaks of votes it,
of course, means legal votes; but all
votes cast and leceived at an election
are presumed to bo legal until illegal
ity is proved in some manner provided
by law. Provision is made lor con
testing the election of persons who
may be declared elected to a seat in
the Senate or House of ltepiesenta
tives or to a state or countv oflice
Whether by following such provisions
as near as the same aro applicable to
an election of this kind the plaintiffs
could have so changed the result as to
have made it the duty of the Countv
Commissioners to call a second elrc
tion we do notfel called upon to de
cide in disposing of this motion. But
it seems very clear that while the rc
suit of the canvass remains undis
turbed tho defendants have no further
duty to perform growing out of said
special election on the petition upon
which it was called. This would not
be different even if the Board of Coun
ty Commissioners had canvassed the
vote, and it had been their duty to do
so, as it seems to have been thought by
the plaintiffs. The law nowhere gives
the canvassers the right to throw out
or rejeet votes for the reason that they
have been cast by persons not legal
voters, nor have they any means of as
certaining wno were illegal voters or
what ballots were cast by them. A
standard authority on matters of this
character says, "an important featuro
of the writ of mandamus, and one which
distinguishes it from many remt-dial
writs is, that it is used merely to com
pel action and coerce the performance
of a pre-existing dutv. "In no case
does it have the effect of creating any
new authority or of conferring powers
which did not previously exist; its
proper functiou being to set in motion
and compel action with reference to
previously-existing and clearly-defined
duties. "It is, therefore, in no sense
a creative remedy, and is only used to
compel persons to act when it is their
plain duty to act without its agency;"
and it follows necssariiy, that the writ
will not go to command the perform
ance of an act which would be unlaw
ful in the a sence of the writ." (High
on Ex-Ilemedies, 7, P. 10.) See also,
Illinois cases there cited.
Will it be seriously urged that with
the canvass of the said vote standing
on the records of Cass County uncon
tested and unreversed it is a plain or
even a doubtful duty resting on the
said Board of County Commissioners
to call said second election? Would
it not, on the other hand, be a clear
violation of duty and of law, and
would it not be doing exactly what the
law prohibits being done within two
years from the hrst election ?
The difficulty in this case seems to be
that no body has refused to discharge i
any official duty incumbent upon him
under any law, and nobody has violat
ed the law except these illegal voters,
if any such there be, and they cannot
be reached by mandamus.
It has been suggested that it be re
ferred to a referee, to take testimo
ny as to the alleged illegal votes, and
report the same to thie court. If that
could be done under some appropriate
legal proceeding, and a sufficient num
ber of illegal votes proved to chancre
the result, and that evidence and con
clusion brought to the attention of the
said Board of Commissioners, and they
should refuse to act thereon, then it is
possible that mandamus would lie
against them. But this court cannot
presume that they would refuse to act
in such case. "Mandamus is never
granted in anticipation of a supposed
omission of duty, however strong the
presumption may be that the persons
whom it i.s sought to coerce by the writ
will refuse to perform their duty when
the proper time arrives. It is, there
fore, incumbent upon the relator to
show an actual omission on the part of
the resjondent to perform the required
act; and, since there can be no omis
sion before the time has arrived for
the performance of the duty the writ
will not Uaue before that time." "In
-CtAUS AT '
SEE.
COME A.ILr:D
More Goods for a Dollar than you can Purchase anywhere
else in Town !
WHITE AND dllAT BLANKETS, HORSE BLANKETS, COMFORTS,
FELT SKIRTS, KNIT SUA WLS, all sizes and quality, and at
any prim to suit ymr 'Packet Rook. NOR I AS,
WOOLEN SCARFS, WOOLEN
SOCKS, WOOLEN -YARNS,
GERMANTOWN YARNS
ZEPHYRS, SHIRTING AND DRESS FLAN
NELS. CHOICEST ASSORTMENT OF MKY GOODS. .Y
TIIE CITY, INCLUDING HEAVER d- CHINCHILLA OVERCOATS, d-
OILOIKIILSrG- CLOTHS!
A NICE ASSORTMENT OF
Swiss Carvings, and Japanese Goods.
Eano3f loires of all Hinds
O-ZROD BOARD JTJD MOTTOES
The Greatest Variety of Fancy Articles in the City.
ALSO-HATS -A-ZLSTID CA-HPS.
A SPECIAL INVOICE OF
XAJOLICA WARE, tor the Holiday; do not fad to call and cxamlM.
V1TROX,
A Ortat VnrUt tf Wh ile
3TW6
LEStUX FEEL,
VA.LEXCIA LA YER t DEHESTA RAIS1XS,
SORUUUM.
XEW OR LEA .YS
WHITE xriiups.
anri iTmur.d Since, and aiiulhina tUe mm ivant fur
Holiday cvokixg.
Eli PI winner.
other words, the relator must show
that the respondent is actually in de
fault in the performance of a legal du
ty thtn due at his hands, and no
threats or predetermination can take
the place of such default before the
time arrives when the duty should be
performed ; nor does the law contem
plate such a degree of dilligence as the
performance of a dutv not vet done.
tlleigh on Ex. Leg. Rem.. 12, P. 14.)
See cases there cited.
Let it be supposed that by proceed
ing in the nature of a contest or some
other appropriate proceeding it be de
cided by some proper tribunal that one
hundred and fifty of the votes cast at
said election at the polls in l'latts
moutli were cast by persons not resid
ent electors of Cass county, as stated
in said alternative writ, and such de
cision of such tribunal be brought to
the attention of said Board of
Commissioners on the 10th dav of
NEW ADVERTISEMENTS.
1 0 POPTT? A TTR of kmixkvt jikx
IU rUX,ir.ilIOanJa4ooliitiiii to
ry I'aper fo loc. National Weekly, Washing
ton. D. C 4 ll 4
lias onca more " come back" to
FRANK GUTHMAN
who is, on and after this date sole propiitor.
NEW GOODS,
ELEGANT STYLES.
Mr. Weckbach having gone into the Lumber business I propose to
old EMPIRE awhile miself.
run the
AI1TS.
We are lu utmost dally receipt of
DRY AND FANCY GOODS,
b fvi to? a ft tn n? in n?.st
a u n h m vi fes 1 1 ii vj ru ii'iii n 1 j i
5
v lik-h we tfTr our ftleuda ami the public at
Wlfileale asad USettnil,
at prices to stilt the times.
JoIidnoii'h Anoil vne Eiiniincat will nos
Itively preveut thi terrible disease, and will
positively cure nine casex in ten Information
that will Have nianr lives Hnt free by mail
Iin t delay a moment. I'revcutiou is better
man curt. Sold every wht re. I. S. JOHNSON
SU)., Uanfjor, .Maine.
A FREE GIFT!
Or a copy of my Medical Common KenHF
look to any person siifTerfnir with Consumo
tion. Asthma. Catarrh, Urouuhitin, I,os of
oiec, or bore Throat. 8eud name and post
oflice addres. with two l'ontase Stamps. State
your sickness, lliebook is eleirantlv illiistiat
ed (144 pp. l2mo. ls7U. The information it con
tains, iu the providence of (lod. has saved mauy
nrc. i n. alienor na or en ireaimt; Diseases
CountV Lwvj, : a special
--N. n. Wolie. Cinn.. .
' nr tnm-rt j i-a util...l ... I.k )...n... ... ... .......l.
" , mr cuiium . w 7,:if irwutlll Wl !"U ill lie II
thereof as remains mips id ; tlioe who enlisted
oeiorc.iuiT zi, i.vi. tor turce years, ami were
miifierea iclor Amr. o. lCI. are emit led to
Of hxi nounty. regardless oi tune served ; all en
listments tor three e.irs before July is, ltjl
where nut 3ino bounty lias been paid, entitles
to additional bounty undr Soldier Act of July
28. moil. If not already paid. If soldiers died iii
er ice. hens are entitled to tile bounty. No
KKE UNTIL CLAIM IS PAID. I'or full illlol llia-
non anitrrHK. witli enclosed otamp.
M1-NEILI..V: B1KC11, Washington, 1). C
rBinlier. 1878. llwn what wni!M Iih f li
tiit ns .if I lin r.-iMf V PHi ! NT V ! ?."U.M 'I'hared .f.r Wounds,
VI ilt V. . -r ,t . t. , JUU1'li rcurame ir oilier injury inot
It might he that If the S.lll IJ rd ! ease) can secure fulUlounty ; those re-enlisted
sJiniilii rcfusi. or fail to rvll said sai-.mil ! ?"r mree years between i .Ian. 1, l sua. and April
... .... ii .- r I ! ISM, having previously served nine months
cii'liiwii n limn n ir.iauii.iuio linn: ju-
t or day that they would be in default.
Hut it could not be that they had been
in default t-vt-r since th 9th day
September. The issues in this case
must he made upon the facts, rights
and daties of the parties as thry exist
ed at tho time of tho commencement
of I he suit, or, at the latest, at the time
that thev are actually joined ; and it
is apparent that if the foregoing views
are collect, that the is-ue presented
by the alternative writ tried, in view
of tho duties of the respondents as they
existed at the date of its issuance or at
this time would have to be decided in
favor of the respondents.
Statk ok Nkhkaska, s.s.
I, (Juy A. Urown, Clerk of the Su
preme Cjurt, do hereb' certify that
the above i- a true, correct and com
plete copy of the Opinion filed in the
cause therein entitled :i3 the same tip
pers of record in my oflice.
In testimony whereof. I have hereunto
set my hand and the seal of said
Court, thisOth day of January, A. 1).
'- 1879.
-! L. S.
(!i y A. Urtowx,
Clerk.
A friend of ours has a little boy, who,
on account of his mother being sn'iuvaiid,
has been under the especial cue of his
nurse. During the summer, however, his
mother went away for the season, taking
the little boy and his grandmother. Be
ing unused to receiving orders lrom hid
mother, he at one time rebelled, and she
was obliged to punish him. To this he
demurred, affirming that only the nuiso
had a right to punish him, nnd going to
his grandmother he complained tlir.t his
mother struck him. "That wa3 right,"
said she, '"if you were, naughty; she ia
vour mother, and has a right to whip you
if you don't behave." The little fellow,
sobbing asked : "Have mothers a right
to Btrike their children f" ''Certainly,"'
bhc replied. "Are you her mo! her f" ke
usked. "To he sure I nm." "Well, then."
cued lie, "hit her I '
H-CaiV BENSON'S CAPCINE
M,Vr-f 1 POT? flTTQ DT. A CTPP b
r FOR WOMEN & CHILDREN, g
Females sufTerins from n.-iin ami weak -a
".-'liens will derive trreal comfort and streiiL-t l-.li
tefroin the use of Ueii.-iou's Capeine I'oronsK
I'laster. Where chlidrrn are atTeeted
-vlioopinz cough, ordinary couths or cold-
"i Mriii iiiat, ii i- tut line auti omv ut'ui-t.
inent thev should receive. Tbi-i urt .!- ei.n-t
hiins new In... 1 n 1 rlmiiut.K I, ...
........ ..v" ...v.... ...... .. .-.-.. .1 U 1 1 Mr, I
round in no other remedy in the saint- forni fj
1 1 is far Kunerior lo common tioroiiM Lilnsters.i 7
lnunentx. electrical appliances, and other
-xternal remedies, it relieves i-aina
H-dieiiKthens and cures where other
vi 1 not even relivi f'.-r
IVeak ISnelt, ltheumatism. Kidney dis-J'v
-ase and all local aches and aiut, it is thejj
.est known remdy. Ask for Benson's t'ap t
ine 1'laster and take no other. Sold by al!'
Druggists. 1'riee .'.'i Ce iit. L3
1 at once.H
plasters J-J
ie aiilc
25:
Fancy "artln with name, toe., i'latii nr
Joi.i. l.KJftybM. A-jt sOutlit 10c. Hull s.
'o. Hudson N. Y. 40t4
Agents Read This.
We will pay Agent-) a Salary of Slc-o jser month
nnd expenses, or allow h lar-re commission 10
sell our ne, and wonderful inventions. f'e
mean what ire fa). Address without delay,
SHr.ltMAN il'o., Maishall, Michigan.
T lX rp p 1 1 A ii OO J A i Kf toc;m"
' -- M.Af vass I'lattsmoutii and the
adjoining towns for the In-fi seliinjr houseiiold
articles in the world. Tip top protitcs. write at
once to World Manufacturing Co., '1 llinton
I'lace. N. V.
Cashmeres, Alpacas, Delaines, &c.
Calicos, from 12 to 16 Yards for $1.00.
Muslins, from G cts. a yard upward
The finest stock of White Pedspreads ever brought to the City.
Buell's Cassimeres,
Tweeds, Jeans,
full Siock.
and Cottonades Id
Bloats aiaol Slaves
SM a ED cs
(Pah
si a i
OK. A I.I. KINDS.
Country Produce taken in exchange for Goods.
I desire to see all my old patrons back and want to hold .-is .nanv f th-
preenst ones as I can J'lJAXK (i I'TJIMAX.
REMEMBER THE PLACE, ONE DOOR WEST (F P. O.,
20Jy PL A T'J'SM (J LIT II, NEBRASKA
AT
t-te Gu.(!
U. n. WISDIIASI,
ATTORNEY AT LAW, rutismouth, Neb. Of
. tice Front Kot-in over Chapman & Smith's
Drni; Store. 4:ily
Consumption Cured.
An old physician, retired fro-.-i practice, hav
imr had placed in hi. hands hy an Kast India
mi-sinnary the formula of a very simple vege
table remedy, for the encedv and nermanent
cure for consumption, bronchitis. catarrh, asth
ma, ami an tnroat and lunjj aiiectionc also a
positive and radical cure for nervous delnlitv
and all nervous cniu:l.-tint. aft;r ha imr tested
its wonderful cura'ive powers in thousamln of
c:iSeH. hns felt it hi duty to make It known to
bissuflenng fellov.s. Actuated bvthis motive
and a d.-sire to relieve human sufferim' I will
senl, free t-f cbanre. to all who desire it. this
recipe, with full directions for preiar-n? and
using, in German. French, or Kn-rlish. Kent hv
mail, addressing with stamp, naming this paper,
W. W". Sherar, U-j I'ov.eiV lilt-ek, linchet-ter.
New York. t:U
15 HiTFr2r v.js vf, 'i
A .Ii r . lip B.irl rt.ni,i..--t. f.n r r.
T- 17"..-- rv-mpcirn "v uman-ii-or, S,- . c:-in ei
r'k" i irf"cl' "" I v.iIpiu-.-. i. V leriiii v. T. -
, jrN"-'Ci3 :rk..i.i.t-.,o!.J- l im-.i;ii.j-i-
. Vi pij --at3 M-r..i'y -ii ivtipi, can t- s
-i. i. .., .v-. c 'r:ci.-ifrni, A-l-.ke In h:t ai,4
" o '.v, r-o:itt;::vM, 11 -!, fV.-fi.-irj a-ij
. . irj-r -rtinp.-r. u. li'iir'it tlnlif I ;ur. jvim.-. C- ii-I.--ve
n-.J C-iir. ..;. I:;ni:in rt Mrrii;,-r,
i.t ir.r:t ; J it- m i'---. Sci-ucc it ilrprmiutson. Slug. itte
t-J--ri, l. jrnt.xr:ia---. Law t.MJivorce, lnl rir u
.. .nsr-.xi i.t.r,. rr-. iiclu.-'cs X-iac.isen pirjjjr to
V.J i t. tjeir c wr 1-..J irculiiiiLt. A Lixk lt-r pr:rit
r.- i -c -..:.!.-. atprit iinir i C.X rr-'. trilit fu.l ti2.it k-fc.-avr'.
i:U-4 t-r C3 -.
. PV':".Pf;af Medical Adviser."
- -rpn;.:-.c. i-.ic. i :). i.n- t,i.ii'ioture,Varicor1e.
. s ...on !re'mat oriopa.Sciiiairfbi:ity,int lni
he s '-aku'O -! !. ransiuc S. niinal
t i!ii.ji. ,N r-.n!.ir... Ar. r,i.,-i to Sm iftv.Ciiir-inoii of
l-af, r r,ira.'d-r.r, 1. initio of ',-:u, l t-cti r M.morv,
...oo ...lu ll ! v, r-n. niait.i.x mair.reu iiuiir-.r.ar
-r M-h.il.-.,-. F-.l::; tr-.-T-.jt. a-d a ..r!,t u
T.-.lttal. r.-r-.pij f-r 1'ie ta. r ,! piiratc i-.i.J ; aaiJi
ii.-, CCt tjpir.t.., 1J c.'.-..
t .1 t jrt- in rue l.x :
- v-rrr i w J I .UDTrr.Tl r 12!l, f uibm.'ir.c every-
t-:n on liiri i.-nrra l-o pyitcm l.'-.t i worl'.i kaowirjr. ai'ii
i, , ...i ,,u, j , anyo;:irr WurK. Tm mm
'!'. x".time n I .s.;:vr.jr t'- btrrt rpulnr Mcrlirnl lok
pn ..hrJ, and t!.of.Cilii-!ijfic,l afipr -.ttiujt it rair.a- e
1 ;,n"-y tvlimJt.l. 'Ji.oAKtLorla an txperitnced
r'-.v.iisan i f n.-.ry yr-ir pru-iito. (.-,, i, kiwwn.) at.l
tu uviit p'vpii, an. I iina t..r trr-i:ui.-i,t la.-t tl .wn. wi.l
l ifc-.iad tf t rat Tu.no to tWr aultrruig from ilnpti.lli.j
-f fyr.tM t, early t.-rort.-u.t vigor, or env ct tlir nuincr
; trui:!!ceniiiit iiml.;r In-i ln-aa d' '"Pi ivate" or
C nrcnlo" ttiw.i.. s,i.tiu i nrruuifi.MPimptej
in .u, trr I'riPc in llorin, .-!vrr c.r C urrency. (CuntuU
t-itlop. co:i2JiiaI. and l.ct-rj e-n p- irprly anrl truil.iy
anrr-lT-itiout riia-r- ) AJ-lr,li Dr. Blifs' Disneri
tary, 12 JT. 6th St., t :. lorii, ilo. (Established 184 7.J
rKarJnxe r" N9WS Oealora. AGENTS wsntsd.
r-Mi,
ZTsTZEyW 0-OOZ3E3
.-re-Ti-jr-.i '.-vioe."
:ood ai.d Wcuuinrod, J1 crrt; rr
?-r U-tK-.rt vium, gl. Try e.i.iaiu
am
)
FOR--
S&BBQ
DRESS GOODS, HOSIERY.
WHITE GOODS. TOWELS,
DOMESTICS, CORSETS,
SILK HANDKERCHIEFS, ETC.,
SILK SCARFS,
TABLE LINEN,
NOTIONS,
ET
PROF. HARRIS' MADiCAL CURE
103. SPERTIATTOSHCEA.
i a a. ita kit- ristcverj
I a-w irpa
icl f-cicnrc.
i-Z:3 Trad. Mark.
w A nn'-.itir,
James Pettee
DEALKK IN
Musical Instruments,
Sole Appointing Agent for
Th Unrivalled Hanon &. Hamlin
CABINET ORGANS.
Also, the Steck. Henry F. Miller, and Mallet
A Cumston I'ianos for Cass anil Sarpy couullec.
Neb. Ciil and see
SAMPLE-INSTRUMENTS
at office. Sixth, one door south ot Main St.
I'LATTSMOUTIT. NEB.
Tnrjfnz antf rrnairh. IMano and Orfiaos a
specialty, aadpr tho yktllfal handj of Mr. iS. M
!.
I -V-w er.d lofitirely rffeit
i. Krn rdy hr ll.e pf
rl .frnnnri Cur .
Setr.inal En ifl.invi ft.
Impctency hr the r.nly
wy, wit: Jirvcx
ciroIrV .it of th Discatw, acting ty A b orrtion. arH rx r.
tn its rSfK-cific iflu-M- on the teminal es e. Fjae-ul-.tory
Iuct.l ro. t ate fciatjuni ti tfnthia. Th ue
fftha Kcincdjri a'tor J. t -wuh nu jain rr i,c-rm, ci.c,
il itl q:iichtr diolvrl rud mn nhtorn, j-rn(r ti" an
immediate tooiiuiitf t.ntt r?:urafie rlTea tipbuii:iri
uai au4 Rcrrout wr;n;:in'iui. vrrrkt lrm if I-lu e
a d i,xefws, stapitiri-t Lie dri-.n Wwm tit nvttcn-, r-Tr-insrlne
mind to La'tii . ri fot.r.'l ir -mc ry. r-n orn
hti Dimness effii-rh. Kcrvrj'. 2'vbilitj, Coufuion
cf I Jeris, A ver3 on ta:?co y. J..o.tc. tr r r-
U f promaturo Old nf J i: vufti v nrff.injior Mr- this
ti--i:V fcnd rcftorit pr Kt 5rs.ut.i Vipor, hn ii
Iwn aTruar.t .jrtai.. Tin. n:ri. pf trmtntvt.:
thetrtin vry irvt-. j , nl i now a f-niouircti
i.if.-et- "Drugs rre t 1 S If ,-ci iu tl.t tr-Hib.t,
a:ul, mty fin h-j truMi t, v.U hnt ii'te it at v
prtiifrpr(t rftiod- Y . j i t N-ni ni.-til tf. ii P-rjjfla
tion, Krnrt.ri - -ia i us to f;tiv?lr ,fiirf-tl-
teo l izt it w"il ra r.-ti trfa t on. Durrjp cijrht
yt-f!iat U liul f ! 1:1 c--r.-al Kr, , uv- ti u.iriii
Cf t :iisir.rHiaI t'i aliir, rrd it it row forrf- sj.
eU by the Mriial irifa-. .i l, Le the nut mtit-.ttai
nifatu; y; UIscovlp J t-i t-a n.rmj; f ji wrr tvv-
aU'tit fm.ih:. that i w. :i k n ! i the t uft.ru.ith!
tuiau-ry t- r i.i::v, nwi t.rt v 1 cm rrckc j rry wiih
Ihij'ru. f in.rt.in. r. nl L j fee '.1'br J.t in c i 'put
lu a nrat h jt, rn i n i iuh' h. a ni . n fr r j.'-i ,
T-prrr l nm lF t r.l f r 'I Vti U.xet, ( utile :n t tc
tT.rt a perTttaij- f rt-f--i t-1. in nrrcv rr; 5 T-ir
Kjr-.j kt-r i!ir- ? ft i lii-v.rs i i tt ... . . n-
rr-.re vicor. in lis vrrt e f 7. Fuil
for Tmsnrt wiU ."-v'rr y A C T C21.
Sena f:T a DrKip Pamf. !t g'frT-nst Anc'trn'raf
J :uitrx;iinrt. u hu-h w. I run :::-- the mc tcpf lvd
ti-at th-r ran re'-l f p.-rt-rt ir.aulivc.f. an l
Rrr-t Hr-a'cd fur arrnn to s rrn SiMd O VXY lv thL-
HARRIS REMEDY CC. HF'G.CHEMirrs
aHtjndCthC!i. ST. LOUI3 MO
CD
Prtratc liosplral, iiQ
S.C lark t..t'hican".
ni-Cyfipreialty.au
I'rWalo, t hroaic and
Penal tXsf-uea.
(.onsvltatioQ free.
Lia aaj OtiU
twn. etd a 4o(iar
(r anaal ef bent
ribber fww aod
Tataabte Information
hr exprwi. KilaaV
bte r mm Ptn. A3
wr ba. Private
bom an 4 curt for
L'Jif duriu ooo-firnTunt.
UJ
A rrv work, prioe
ent hr mail. Mtim
rea ef aior. Pbi
oky of Marnace. Or
roi f (i rnerttloo,
Ihieaae of Youth ao4
Manlm4; a wealth ef
chwice and raJtial.ic ln
fHrmation, f iatrtt
to both . otfjing
efTeoklre to v'Hxi taate
aod refiuecnent. Infor.
aUtoB bt befrra
pubtttbexl. No family
mhmtid ta vithoat It.
Cy"Addn-, lr. A. O.
OLIV. ( lark St.
Brtjwri, a tuuerot thirty-three years epcrincc.
bx fl n m
i H H H H S t J
ant U4RPIIIF. bafii: -)
ciy r1.ly no
a. P. Dibl.tT. S-n-J .au.0
rr fall Dr--r-Jlar.. Dr Calloa.
233 . Clwk St, Cbvct, IU.
t
i
A Full Assortment of
Groceries.
Provisions,
Queensware,
Ftc.,
COiWSTANTLY kept on hand.
CALIFO. IXIA DRIED AXD CAXNED FRUVi W
AND JELLIES.
Country Produce Taken in Exchange
for Goods.