Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 14, 1885, Page 4, Image 4

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    THE DAILY BEE.
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THE BEE PUBLISHING CO , , Props ,
E. ROSEWATKR , KDITOB.
A. H. Ftteh , Mn ger D ily Clreaktlon ,
P. O. Bo , 488 Om h > , Neb.
THE next city olotk will probably not
have tnoro than tire initial letters to bio
name.
AMONII the things that remain to bo
aeon la whether a republican council will
contlmia to elect n. democratic clork.
Sioux CITY objects to prohibition.
Like Council BlufTi aho Is too near the
muddy Missouri to take kindly to water.
O'DYNAMITE ROS.HA has at la.it invaded
the loeturo field. "SclentiQo Warfare"
ia his subject. Now , then , lot Yoonlte
Dudley bo turned looao.
IT ia a little atrango that lightning
should have struck the Washington monument
umont when there nro BO many office
aookera in Washington who are waiting
to bo served In that way.
THE Illinois legislature Is an expensive
luxury. Six weeks ago it bad cost the
stkto over $100,000 , and that amount has
alnco been doubled. If the session con
tinnoi until the 1st of July the total bill
of expense will foot up In the vicinity of
§ 400,000. °
RECENT developments have Increased
the number of readers upon the snbboct
of civil service. The membora of the civil
service commission say they are receiving
mora rcqaes's ' for their annual report
than they can comply with , and that they
could easily distribute 50,000 copies.
* *
THE democratic newspapers are now
getting tholr oh are of the federal patron
age. Although but faw democratlo edi
tors have been rewarded with office , their
columns now contain the federal adver
tisements that formerly helped to swell
the income of the republican news
papers.
THE president's advlco to the office-
Backers in Washington Is to go homoand
It is said that he moans it. There maybe
bo no p'aco like homo , but the office-
seekers think that there is no place llko
Washington. When they have spent all
their money and exhausted their credil
they will leave Washington , and not be
fore.
THE Now York senate has passed a
bill , which may become a law , to proven
all transactions In stocks , certificates , re
i
colpts , rtc. , which are not accompanied
by the actual possession or transfer of the
articles dealt in. The stock gamblers are
naturally enough considerably oxercisoi
over the matter , and will , no doubt , exert
ort every effort to defeat the bill. The object
joct of the proposed law la a good one
but It would bo difficult to put It Into ex
ecution.
IK Michigan the democratic and fusion
1st congressmen have divided the fodera
offices among themselves , and they pro
posa to vlolt the president and tell bin
whom to appoint. This fact causes th
Now York Jlcrald to remark that Wash
ington is to aeo the most remarkable se
of political idiots it has over behold , am
It expresses the hope that what the preal
dent says to them will bo made public fo
the instruction of any other congreamen
disposed to commit a similar folly.
THE Illinois Icg'slaturo has had a some
what remarkable cxperionco during it
session so far. Besides being unable to
elect a United States senator , it has had
three of its members removed by th
hand of death. The last death Is that o
Reprcsontativo Shaw , and it makes th
second that has occurred in the demo
cratio ranks , the other death being among
the republicans. Any definite action In
regard to the United States senatnrship
la thus postponed igain for throe weeks
as no election to fill the vacancy caniei
by Representative Shan't death can b
hold any sooner. .
THE lower house of the Connecticut
legislature has adopted a proposition f o
the submission to the people of a consti
tutional amendment authorising the legia
laturo to arrange for the transportation
of its members from their homes to th
cspIUl nnd return at public expense
This U a atop in the right direction , km
It Is to bo hoped that such n lair will be
adopted not only in Connecticut but in
every state ol the union. The wholesale
giving of passes by the railways to mem
bora of the legislature ia nothing more
nor lets than bribery by which railway
logiilatlon Ia largely Influenced to the
detriment of the public good. The Con
nooticut plan it ( o be commended for 1
puta the members of the legislature in a
position to be Independent of the railway !
If tieo la any BUte Jn the union where
uob a law it needed ttis Nebraska
where railway pates by the hundred
are issued , at every seislon of tholeglala
tar f * other purpose than that o
} brjjpryf It certainly bas grown to be a
great eyil , and * It is high time that i
should be luppretssxJ. '
CHEAP TRAVELING.
A telegram from Minneapolis anya that
bo movement of 100,000 emigrants from
Curopo boa commenced ; that all of them
will locate In the west and northwest ,
nd that all will bo c&rilod from Chicago ,
by the Chicago , Milwaukee & St. Paul *
fllroad , ever which line 5,000 or 0,000
rrived in Minnesota on last Thursday ,
t Is oxpeoted that the work of transfer-
ing these 100,000 emigrant * will take a'l '
ummor , and that largo dally special
rains will have to bo run to accomplish
hia work. This Is the first fruits of
ho silo of a hundred thousand "cheap
Ickots , " which wore thrown on the
Duropcan market by the Pennsylvania
lallroad company at ono dollar each ,
rom Now York to Chicago , thii "cut"
> eing the result of a war between the
runk linos. The tickets wore taken up
by the steamship companies , and used as
an inducement to Europeans to
emigrate to America. The un >
larallolod reduction enabled the
tcamshlp agents to make a rate of $8.50
rom Liverpool to Chicago. Owing to
ho fact that the Chicago , Milwaukee &
St. Paul enters a union depot with the
'onnsy.lva.nla at Chicago , that road uo-
ured the transportation of emigrants to
ho northwest and west , as the latter
ompany refuted to pay the transfer
barges which would have boon required
tad the business boon given to any of
ho other lines whoio depots are distant
rom that of the Pennsylvania. The rate
rom Chicago to Minneapolis ia $7.50 ,
making a through rate from Liverpool to
Minneapolis of only $10.00. No such
cheap traveling was ever offered io em-
grants , and probably never will bo again ,
for the Pennsylvania road it will prove a
oslng game , as it coata sixty cents each
o got the emigrants out of Caatlo Garden
and twenty cents for the transfer in New
fork , thus leaving to the company jus )
wonty cents per passenger for 1,000
nlles travel , or only $20,000 for the
ransportatiori of 100,000 persona
rom Now . York to Chicago.
But the question tbat chiefly
ntercsts Nebraska in connection with
hla remarkable transaction is how many
of theaa emigrants ara coming to this
state ? It would acorn from the Minne
apolis telegram that the Jhicago , Mil
waukee & St. Paul proposes to carry the
Milk of .those emigrants to the uorthwes
, o populate Minnesota and Dakota. Al-
rhoagh it baa a western line to Nebraska ,
, t for some reason or other seems in
clined to favor Minnesota and Dakota
[ t may ba moro to the interest of the
comp'any to transport these people to the
northwest than to the west , but it strikes
us that Nebraska ought to get some o :
; heeo people to locate within her bound
arles. If Nebraska had a live immigra
tion board , or on energetic agent ,
a largo number of theco persons could
tiavo boon induced to settle in Nebraska.
Perhaps it is not too late yet to Induce
the Chicago , Milwaukee it St. Paul to
land eomo of these emigrants In Nebras
ka , If they are the right kind of people
If they are penniless and helpless the
northwest can take them without an ]
protest from Nebraska. Their condition
could easily bo ascertained by proper par
ties , if any such persons could bo Inter
ested In the matter and authored tc
act In behalf of the state.
No matter who is mayor of Omaha we
cannot afford to have fraudulent olec
tions. Wo cannot afford to have mot
swear In votes when , they know they arc
committing perjury. Wo cannot aflort
to let nou-resldonta vote fn Omaha a
city elections. Wo cannot afford to allow
imported voters to debauch our system o
government- , and carry elections for mor
who have not received a majority of th
votes cnat. It Is no excuse that all thes
things should bo permitted In Omaha be
cause they have been allowed elsewhere
A wove of reform , however , Is boglnnln
to manifest itself in some of the larg
cities , and It Is high tlm'o ( hat true re
form In elections should bo instituted Ir
Omaha. In Chicago they have con
vlcted several ballot box stnffer
and forgers , and they pro
peseta prosecute' hundreds of cloctloi
judges and others for olectlor
frauds. If wo had a citfzona1 astoclatiot
In Omaha , such as there Is In Chicago
the portons who committee
frauds in the recent city election wouk
bo promptly ferreted out and punlshoc
to the full extent ot the law. Althongl
wo have as yet nosuoh association , whlcl
is greatly needed here , It Is the duty o
officers of the law to see that froudnlen
voters and others who have become nc
ceasorles to these ciimes are not allowec
to go unpunished. It is tlmp tha
an example should be made and It Is JDS
as well to begin now.
UNDBK the laws of Connecticut a ma
jorlty vote la necessary to elect atat <
officers. Twloo within ton ye ra th
democratlo gubernatorial candidate ha
had a plurality over hla republican com
potltor , but was loft In a minority because
cause of the vote cast for tha prohibition
and labor tickets. In both Instances the
conititutionil provision , that In and
cases , the legislature shall fill the office
from the two leading candidates for each
place , was to the republican advantage
as tbo legislatures wore in their hands
Thla lost Governor Waller hia re-election
list fall , when ho .bad a plurality o
1,018 ever the republican candidate , bn
fell 938 * 'abort cf a majority
owing to the prohibition and Butle
tlokoti. Theoo
results have no
proved generally satisfactory to ( ho pee
pie , among whom there 'hs' \ of late
aprons np a strong feeling In' favor o
election by plurality , ad an attompt'ww '
recenlly mido to h yo a constitutional
amendment tofthat effect submitted to
the electors , l T lt wai rejected In Ihe
bonus by .aBtrMftj parttun vote , It ii
believedfthat If It
retch the people at the polls It would bo
pprovod. The republicans , however ,
lave an Idea that they can control ( ho
cglsUturo , and hence object to yielding
bat advantage. In the debate ever the
iroposed amendment the domocrato urged
bo falrnots of the plurality system , and
were mot with rejoinders that the ancient
ystom U well enough , although It de
oats the popular will.
PUBLIC LAND FRAUDS.
In the report of Inspector Greene , of
ho general land office , the statement Is
made that fraudulent entries of the pub-
io lands , in the region which ho has ox
uninod , "include a largo per cent of the
whole number , except possibly cash on
ties. " Ho shows that under the timber
culture act gigantic frauds bavo boon
committed , particularly In Nebraska ,
tansis and Dakota , in which sections
not mere than ton per cent of the land Is
mprovod in accordance with the require
nunta of the act. Mr. Greene fully ex
icaes the system of fraudulent entries
hat has so successfully beoq practiced by
coir-boys In the interest of their employ-
era , and soys tbat If a law had boon
enacted solely for their benefit it could
scarcely have been moro successful. Mr.
3rcono eays : ' o
"These entries of ton voiy nearly , If not
quite , occupy all the watered lands In a
towmhip and render the remainder undo-
s'rablo for actual settlement for farming
nirpo3os. Our land officers are largely to
} lame for abnsa of the land laws In gene
ral , and the homestead law is no excep
tion. It scorns to mo there should bo
some way to distinguish between a fire
; uard of a few furrows plowed around
quarter section nod a corn-field ; some
way to determine whether a description
of a house 'fourteen by sixteen' referred
to inches or foot tquaro ; whether the
leer was bored or board , or whether the
'shinglo roof meant more than
; wo shingles , one on each side.
I have found ono land office where the
rules were so lax that a house six by
eight feet , built of unbattoncd boards ,
was accepted as a 'comfortable residence'
In latitude 40 degrees north. A sett It r
once importuned mo to advlso the land
office to allow him to make final prool
before the expiration of the full tlmo ,
because 'his family was anxious to go
back to Chicago and would be liable to
freeze to death In the thinly If they remained
mained on the homestead. ' This man
was a minister of the gospel and a highly
respectable citlzan , but his moril percep
tibilities wcro fearfully blunted when ho
came to consider land laws. "
It Is to bo hoped that the land office
will continue its investigations into the
frauds and take Steps towards enforcing
a complfanco with the provisions of the
land laws , all ot uhioh are yet in force
The timber-culture and pre-emption laws
under which most of Ufa frauds are com
mitted , came very nearly being ropoalo1 :
by the last congress , and it is to bo regretted
grotted that they were not. In all prob
ability , however , they will bo repealed a
the next session , as congress cannot an ;
longer , in the face of overwhelming e\l
denco of the frauds that have been am
can yet bo committed , allow such laws
which are not obeyed or enforced , to re
main on the statute books.
THE correspondent of the St. Pan
Pioneer-Press , with the fojoes of Gen
Middleton in the northwest , gives a mo *
Interesting account of the situation B
seen from Fort Qa'Appelle. Ono of the
moat valuable aids to a clear understand
Ing of iho causes that have led to th
present disturbances Is the statement fur
nlshed by an educated half-breed , and
which presents with admirable clesrnes
the questions at issue between his rac
and the government- . The half-brord
claim that the Indian title to the north
west territory has never been extinguish
ed , and that , having Indian blood
they have the * aamo rights , a
occupants of the soil , tha
the Indians havo. They claim cnly to
ask to bo dealt with as were thoi
brethren In Manitoba ; in other word ?
that each half-breed who would hav
been entitled to an allotment in Man !
toba should bo given 100 acres In the
northwest In satltfaction of his claim to
participate in the Indian title. The re
view of the hlttory of the governmon
survey Is clearly stated , and whllo It ha
failed to convince the dominion authorl
tlee , It shows that there are at least two
sides to the qnealicn , The Pioneer
Press thinks that perhaps the government
mont commissioners now on their -we ;
will succeed in smoothing over tbo dill'ar
oncos to some extent.
Now that the Iowa saloon-keeper
bavo at last been downed by the prohlbi
tlonists , they are taking every advantag
to fight the druggists. There appears to
bo a conflict of opinion as to the rights o
dragglats under the pharmacy law. The
circuit court at Das Moinea , for instance
holds flint licensed druggists are requirec
to take out a permit to sell intoxicating
liquors , even for medicinal purposes
The district court , which la the hi'ghe
.court , holds tbat the law does not appl ]
to druggists. The state temperance alii
ance Ia also inclined to this view , and are
therefore not disturbing llceniod drag
gists. But the question has already go
Into the courts , the entiro'atook of liquor
of the president of the atata board o
pharmacy having boon eeleed and cirriei
off by the police , on coraplajnt made thane
no permit bad been given by the county
supervisors to the defendant to zel
liquors. It will probably puzzle the BU
preme court to decide what powers are
given under the pharmacy law. No two
lawyers construe It alike , and the lower
courts disagree upon it.
CYRUS W. FIELD , who retires at the
ago of sixty-five from an active career o
fifty years , has been the originator am
pronuter of uny ) of thegreat enterprises
of this century1. Aa the projector "of tbo
first Atlantic cable bis nime will forever
jjire [ infcp hittory of the great achieve
ments aTinodeni times.
MARY ANDKMO.V Ia credited with hav *
ngjrecently presented Tennyson with a
) ottlo of twenty-year old Kentucky
whisky. Wo are not Informed as to how
econtly the presentation occurred , but
f , as Is suspected , it was just before the
poet laureate wrote his "Ode to Free
dom , " that poetic effort should have
been entitled "Owed to American Corn-
Juice. "
INASMUCH as "reform" won the day ,
wo prctnmo Mayor Boyd will follow the
example of Mr. Cleveland , and see that
civil service reform Is carried out during
his administration. Tois Is merely a
presumption on our part , however , and
no ono need take It for granted.
j the slain president of Gauto
mala , was a man who looked out fo
number ono. lie was the richest man in
Gautomala , his fortune being $10,000-
300. Two years ago ho .bought a man
sion In Now York for $240,000 , also ono
In Paris and ono in the City of Mexico.
THE probability is that the next city
clerk will wo r a turn-down shirt-collar.
General's Article.
Arkansaw Tra\olcr.
Gen. Mecklobam , in Imitation of great
er men , decided upon writing a series of
war ar.icles. "Why shouldn't I , Mary ? "
io asked tf his wife , who belongs to a
Iternry society and who is considered an
excellent critic , "I should just llko to
inow why I ought not to give my oxparl-
enco ? I went through the war .and
served with distinction , If 1 do say It
myself. Another thing in my favor ii
that I know how to write. I understand
the construction of sentences. I under
stand the use of vigorousEngliih. Whal
do yon say , Mary ? "
"Why , by all means write your experi
ence. I do not BOO why you should keep
back anything that mipht prove of inter
eat to the public and result In profit tote
to yourself. "
That's it , Mary ; that's It. You have
lilt the nail tquarely on the head. While
I was at college , tbo students used to
laugh at me for continuing to devote BO
much attention to rhetoric. It will come
In handy now , you see. Well , I shall go
to work at once. "
The next evening , when the light had
been lighted , the general said :
"Mary , are you ready to hoar my war
papei ? "
' Yes. "
Ho read it to her.
"What do you think of it ? "
"It is good. "
"Don't you think it's first-cUsa ? "
"Yes , I do. "
"I have never said much about' it
Mary , but I am a writer. Many a time
while visiting newspaper offices , I have
ta'd to myself , 'Ah , well , yon follows
think that you ara great waters , but yoi
haven't learned your first lesson. ' So yon
think it's first-class , eh ? Now , I abal
wad it up and sand It to a magazine. . '
ought to- get at least $1CO for It. "
Yon ara going to copy It , are you
not. "
"Oh , no , not necessary. It's as plain
as print. "
"I didn't know but yon might want to
make a few corrostions. Lot mo tee the
mannecrlpt a minute. Listen to this par
agraph. 'Gen. Beaurcgard , seeing tha
the left wine ; was weakening , dotermlnet
to reinforce them. ' Don't you think tha
you should Bay 'it' instead of them ? "
"Why ? Refers to soldiers "
"No , it means wing , which should b
"Well , go on , go on. "
" 'The general at ono time , ' contlnue (
the woman , finding another objectionable
paragraph , 'was much moved to son a
soldier dragging a gun with a broken
leg. ' "
"What's wrong with that ? It's a fact
forleaw it myself. "
"Yes , but how did ho drag a gun wltl
a broken log ? "
"Confound It , don't you see ? The fel
low'a leg was broken , but so deterrcincc
was he that he attll stuck to his gun "
' But ho didn't ' drag It with hla broken
lo . " .
"Hang It , tbo follow'u leg was broken
"
on-
on"I understand that "
"Well , then. Leg war broken , bu
unwlllirg to retire from the field , ho
crawled along dragging his gun. "
"With his broken leg ? "
"Mary , haven't jou got any sense a
all ? The statement Is us plain as day
light. When you strike a woman 01
military mattorr , dad blurae it , she can1
BOO two inches. "
"I understand it well onongh. The
man was dragging bis gun with his bro
ken leg , which , I ehould think , woulc
differ very little from dragging hlsbrokei
gun with bis leg. "
The general wheeled around in his
chair , shoved both hands intohispocketa
and in a calm voice , slightly trembling 01
the bosom of a strogglo , said :
" 'When I married , I thought that my
wife Mas a sensible woman. I though
that she was a woman of literary taste
Ah , Lord , Mary , your blamed blindnei
hai confined mo. Head the paragraph
again. "
"Tho general at ono tlmo was mnol
moved to eeo a soldier dragging a gun
with a broken leg. ' Ah , I sae , " she ex
claimed.
"I am glad you do. Mary. "
"The soldier was dngging a gun wltl
a broken leg the gun' ' leg war broken , '
"Gimme that piper ! " he exclaimed.
"I'll be eternally burned If I allow any
oneto , Mary I am ashamed of you. Go
on away and leave mo alou e. To sudden
ly discover such Ignorance totally crushes
me. Do yon think a gun has legs ant
arms like a man ? Do yon for a , minute
Buppoeo go on away , I toll yotu"
"You mean that a soldier with a brok
en broken leg was dragging hla gun don't
you1 ?
"Hah ? "
She repeated the remark.
The general took the manuscript , fold
ed it with meek precision and put in the
stove.
"Why do you burn it dear ? "
"Oh , I was afraid It might break one
of its Irgs. I reckon its aifo enough ,
now , The next time you ask me to write
anything , I'll do it. Oh , ye * , I'll aelre a
broken-leg pen , and write the life out ol
It. A prophet Is not without honor , anc
so on. Yon have beaten mo out of $10 (
In cxsh , and I hope you are satisfied. "
THE BOOMEItS.
IN TUB C4 P OK THE COI.ON1HT.S
IVKBITHINQ STAKED UPON CAPT. COUCH'S
WASHINGTON VKNTDBB.
Special to the Chicago Times , '
AIIKANSAH Cur , April 12.Tha OkUhoma
boomeis are thawing1 signs ol restiveaeu
They are evidently tired of the do-nothin ;
policy of their leaden , and have seat Capt.
Couchjto Waihlngtoo for the purpoce of try-
ng what Influence his eloquence will HATS
upon the president. Th y built largely upon
he hone that the now administration would
ftko a ( Jiflcront vlow ot the matter than did
ha last , but when , nfter giving n hrtrlng ( to
ho reprcaentfttivrs of the would-be colo-
liters , the president issued his proclnmv
ion tnJdntr his stand upon tha same ground
bis prodecoitor , their hopes were blatted ,
Their romnining hero in camp so long hw
jeen rather expensive , ami , as they see no
mmcdlnto possibility of their getting Into
Dklnhoma , they are about concluding thst the
jest thing they can do Is to go back homo ; at
oust that Is thh way the sensible people rea
son , Of course , those who hnvo gone into the
movement n they would into any money-
mnkinc ( clieim countol holding out , nsaminp
the most gullible that they will tire out anil
: oorco the government into compliance with
thair demauds ,
In the meantime , the troops iu cnmp on
Chilocco creek , six mlles distant , are k coping
up tholr discipline ( ind drill. GOD. Hatch ,
whoso headquarters are hero , keeps hlimcH
informed of the coming and Ruing of the
"boomers" so tlmt they can not
piako a move but tlmt ho Is cognizant of
it , and it is absolutely impossible for nny con
siderable party to got past the command nnd
antor the coiotcd country. If they do slip In
in small dototchmonU , there nro other com
mands BCAtterocl through the tonltoiy , in
communioUlon with each other , making it
an owy matter to eject all trespassers.
It Is generally understood here that the
"boomers" hftvo atnltod their nil upon the re
sult of Couch's mission to Washington , nnd
that if hu fails to Induce the Authorities t n
favorable consideration of his claims , they
will depart in peace.
SUl'UBMK COURT DHOIalONS.
MECHANICS' LIENS.
LINCOLN , Nob. , March 8 , 1885.
The following decisions were filed to
day :
Ballon v Black. Appeal from Caea
county , llovorsed. Opinion by Cobb ,
Oh. J ,
1. The act entitled "An act to amend
chapter 42 of the Rcnoi.il statutes of Nebraska
braska , entitled Mechanics' Lions , " op-
proved February 28 , 1881 , examined ,
and hold not inimical to the provisions ol
sictlon II of article .T-of the constitution ,
which Is in the following words : "No
bill shall contain moro than ono subject ,
and the same shall bo cluarly expressed
In Us title. And no law shall boamondod
unless the now act contains the coot ion
or sections BO amended , and the section
or sections BO amended shall bo repealed. '
Nor is the said act affected by any irreg
ularity attending Its passage throngh the
various stages of legislation.
2. The building contracted for and
erected being a unit , nnd the contract for
Its erection containing a convenient
method of apportioning Its cost between
the two owners , the same will bo adopted
by the court as a proper method of ap
portioning the lion upon the separate lots
upon which it Is situated.
3. The lumber furnished by plaintiff
for the erection of defendant's building
was delivered In five parcels , of nearly
equal value , 0110 on the 12th , ono on the
14th , ono on the 17th , ono on the 20th ,
and ono on the 28th daya of September ,
and the sworn statement for lion was
filed for record on the 25th chy of No
vember , o ! the eamo year ; hold , that the
same constituted but ono delivery , and
that the Hen was filed in duo tlma to
cover the whole.
PnOMISSOHY NOTES.
Milford va. Laruo. Error from Valley
county. Affirmed. Opinion by Max
well , J.
Where In an action on certain promis
oory notes the maker as a defense alleges
fatso representations of the piyoo bj
which ho was deceived and sustalncc
damsges. Held , That if the evidence
fails to establish false representations' '
technical objections based thereon nil
not bo considered.
UNSUPPORTED JUDGMENTS SET ASIDE.
Hunt vs. Mowls. Error from Pinrco
county. Reversed. Opinion by Mix
well , J.
In an action on an account where a
jury is waived and a trial had to the
court , if the judgment Is not supporlet
by tbo evidence it will bo sot aside.
LIABILITY Fell COSTS.
Johnton V. Sutliff. Error from Sew
ard county. Affirmed. Opinion by Max
well , J.
In proceedings In ad quod clamnum ,
where there is no resistance , the plaintif
is liable for the coats ; and the provisions
of flections ! ) G5 and 670 of the ccdo in regard
gard to permit ing judgement for a speci
fied sum to bo rendered against the plain
tiff do not apply.
A UEPLEVIN CASE.
Wolton vs , Baltczoro. Error f rom Holi
county. Affiirmed , Opinion by Reese , J.
1. Ordinaiily the filing of a super-
Dodoaa bond is not essential to Becure
a ravlow of a cauto upon error. Such
bond Is only necessary if a Bt y of pro-
ceodlnga fa desired pending the review
of a judgment or final order.
2. It is not neceisiry that excsptlons
bo taken to a final judgment to entitle
a party to have it reviewed.
'J Where the defendant in replevin
lawfully held the property by virtue oi
a levy under an execution , the amonni
of which ho was required to collect
( the verdict being In his -"favor ) the
measure of his damages within the value
of the propeity , was the amount duo
npon the execution with legal costs and
charges.
4. All payments of money made by the
contractor to the plaintiff or their exoou-
tpr , on general account , or the applica
tion of which were not made by him , am
which were received after the firat deliv
ery for defendant's building , should bo
apportioned between the suveral accounts
cf plaintiff's for lumber by them fur
niabed , for the several buildings , of the
aald contractor , then In conrao of con
struction , in proportion to the amoun
due and remaining unpaid for each , at
tbo time of each of such payments.
GKNEHAIj GRANT.
HAS A GOOD REST CnAFFKB'u OPINION.
NEW YOIIK , April 13-8:15 : A. M. Genera
Grant slept in a chair from midnight unti
0:30 : A . M. He was disturbed occasionally by
attacks of coughing with expectoration. He
awoke exprtisalog himself as feeling quite
comfortable , lit has just taken nourishment
without pain and is resting quietly. 1'ulio 71 ! ;
temperature normal ,
Senator ChaUTeo , who left the homo of
Gen. Grant at 9:15 : , stated the disease wan
spreading , The senator wni with the general
an hour. The cancer in the throat wan nup-
perating , but the general seemed no weaker
than yesterday and during the hour ot the
senator's call the patient coughed only once ,
and then the expectoration of raucua was ac
complished without difficulty , rio long as the
cenaral was nourished aa now the senator be
lleved be would survive until death resulted
from the g adual count ) of the cancerous dli-
euu ,
The Vlululo Bupply of Grain In tlio
United Btatea arid Canada ,
CHICAGO , April 18. The following figures
(
taken from statement compiled to-day by
Secretary Stone , show the \ulbU supply of
wheat , corn , oati , rye and barley In the
United States and Canada on Saturday , April
11 , and the amount of Increase or decreee for
the week ending on that data ,
Wheat , -iq.r51.iJ3J ; decroate , 710 08ti.
Corn , OOSg.-lUG ; IntroMn. 1,071 ! 503.
oats 2,418.310. docreasa 230,188 ; rye 312,70 ! * ,
decrease 4ftHU : hurley 765,170 , decree 110-
8GJ. The stocks of grilu in store in Chiogo
April 11 were : Wheat 15.M5 42'J buthela ,
corn 2,368.559 buiheU , eaU 420,919 buelioU
rye 129,073 buiheb , barley 60,4B : LutheK
THE BLUFFS COUNCIL ,
of the Mayor's ' Visit to Wash-
ii
Election of City Officers Post
poned Again.
Miscellaneous UtiftlncBH Trmsnctcil
The council met last evening ; all pres
ent except Alderman Bennett. .
A petition of property owners on
Seventh street was presented , asking thkt
contract for curbing and laying brick
sidewalks bo nullified , the fill got being
aoltled Bufllolently yat. Referred.
Aid. Shugart moved that the engineer
in giving grades and filling should place n
permanent monument on the corners o !
each jslrect. Carried , and thocitv attor
ney inotructed to prepare an ordinance ,
Petitioners asked for Avenue E to bo
opened Into Eighth street. Ilsfcrrcd.
A sidewalk aeked for on tbo east side
of Scott Btrtot from Broadway to Willow
avenue was referred.
The sidowa'k ' asked hr on Mynsttr
street , between Seventh and Eighth
streets , was laid over until Monday night
next.
next.Tho
The city attorney reported in favor of
paying Win. Brlr $385 , the nmount
claimed for personal injuries ciunccl by a
dofootlvo sidewalk. lUferrod back , with
request to got itemized bill ,
The city attorney reported on the mat
ter of gottlng the right-of-way from the
Hock Island Hallway company , at the
end of Olive street , for atralghtoning In
dian creek , and presented a contract with
the railway company providing for the
injunction to bo dissolved , and the work
to go on , and the disputes concerning
the right-of way , between J. T. Stewart ,
the railway company and the city , to bo
decided afterwards by the courts , the
city In nny event not to bo liable for moro
than $902. Approved.
The city attorney reported in favor of
paying Sam Paluo § 300 for personal In
juries by a dtfectlvo sidewalk. Referred.
The petition of Dr. Plnnoy for rebate
on taxes was reported on favorably by
the attorney , and referred to committee
on claims.
An ordinance waa road providing for
tbo raising of the ticket brokers' license.
Was passed to a second reading and laid
ovor.
ovor.Aid , Shupnrt , by permission of the
council and to i\io' \ delight of the crowd
In the lobby , read the following tidings
of the missing mayor , aa appearing In
the cilumns of ono of yesterday morn
ing's Chicago papers :
VAUQ1IAN ItiVAIJKS THE CAriTAL.
WASHINGTON , April ID. [ Special ]
VauRhan has ar rived , lie waa expected. Ho
is widely known aa the most modest man In
the United State ? , and It wns only without
his knowledge and content that a few of the
countless admirers succeeded In letting Wash
ington know what a great man was about to
visit it. Vaughan's constitutional shyness
would have impelled him to como Incognito
had It been possible ; but inppito of hia uncon
querable reticence about himsiIf , hia great
deeds htuo made hla name and
face B familiar to the world
that it would bo easier for Bis
marck to travel Incognito than for Vaughan.
But Vaughan dooa not realzc ! ] hat adreadlul-
ly famous man ho is , nnd ha thinks it neces
sary to put a small amount of information
about himself on bla card. This isuherohia
diindenco comes out strong. The n\erage
man is BO puffed up with conceit that ho has
nothing on his card but Ins nnmo , foraetimes
hia residence , and occasionally his ofhco. His
vanity leads him to assume that nil the world
knows the rest. But Vaughan in humble ,
very humble. He supposes that nobody
knows anything about him , and so ho puts a
lHUegeno-aI [ information absut himself ou
ilia CARD.
This is the inscription OB the circus poster
that announced him at the white homo yes
terday :
W. It , Vaugh.in , mayor of Council Bluffs ,
Iowa ; second term of office expires March 17 ,
1880 ; noble grand-Arch of Iowa , TJ. A. O. D. ;
representative to United States grand ro\e ;
naiit grand prelate K. of I' . ; representative to
Iowa grnnd lodge ; population of Council
Bluffs m 1870 , 10,000 ; in 1884 , 33,000. A
Virginian by birth , nad a resident of Alabama
until 1860.
By turning the placard up edgewuo it waq
found possible to get it Into the white house ,
and the right of it aroused BO much curiosity
in the mind of the prculdentthat ho exprcssod
n wish to look at Vaughan. So Vuughan
was taken into the white house , nnd the presi
dent looked at him.
After the crowd had had its fun ever
( he above tlio council got down to buoi-
neis again.
The claim of Mrs. Whitney for personal
injuries , which has been in court for two
years , waa referred by the request of her
attorney , to the judiciary committee.
The blda for ajwcrago on Fifth avenue
were returned to the proposers , the
council not having decided how to ar-
rancjo f r paying for the uork. As foon
an that decision ia irmdo the work will bo
rcadvertlsed.
An ordinance for the protection of
hydrants on the street was presented and
laid over.
Complaint wai made that there IB a
very dangerous place on the Mosquito
creek road now Ball's place , which hys
ouls'de the city limits should bo attended
by the town trustees.
On account of the absence of Aid-
Bennett , the election of city cfliccra was
postponed until next Thursday evening.
Tbo city engineer was instructed to devise -
vise some plans forgiving some tempo
rary dratnago to tbo Fourth ward.
The council then adjourned to Thurs
day night ,
ALARM.
The Council Binds fire department was
called out lost night by an alarm being
sounded , which was occasioned by tbo
bilging np of the rulna of the dwelling
which wai burned on last Friday night
on lower Broadway. The ruins blazed
from i omo cause not known. The prop
erty belonged to . ] . M. Farmer , Kaq.
at Oakland.
Great preparations are undo for tha Q ,
A. R. , camp fira at Oaklandthla evening.
A number from hero will participate.
The following Is tbo programme as ar
ranged :
Muslo by the band ,
Song by Alrr , Nash ,
Prayer , Klder Morris.
Address of Welcome , Key. JUms y.
Recitation , ' Drummer Boy at Hhllob , "
Elvis Caldwell.
Hong , Mr * . Null.
Address , Col , Keatley.
Muiio by the band ,
Addret * , Major Lyman.
Bon ? , Mrs. Wa h.
Address , Ool. Dally.
Kong , N , D. Mann ,
Addreaj , Kev. Uartlett ,
Band music.
Addrexfc , Ilev. lUnuey.
Song , N , U. Mann.
Address , Dr. Thomas.
Band muilo.
OS A soldier.
Hong , N. D. Mann.
Short speechcH , etc.
> AMI TI1I2 NKUKO.
Chicago Times Special ,
I WABIIUIOTO.V , April 12. The premdent will
rocogbl/3 the colored people of tha country t
political element , but he wlihet to do It
without making the color line conspicuono.
All that ho candoho will do to obliterate that
, ! no and ronko the colored people feel that
they nro American citizens nnd not a special
variety a sort of natlon.il ward * , for ovamplo.
Severn ! colored mon have been
urged for the position of register
of the treasury becituo Itcpis-
ter Bruce is a colored man. No colored man
wilt succeed Mr , Bruce. The Idea that ono
office belongs to one cUss of the community
and another office belongs to Another class
will not bo encouraged. The president In-
totids to appoint n colored man or two to otlice
and ho wants to do it soon , Ho ( cols that it
Is time to do It , nd ho in trying to decide
what plaoo.to put a colored mau In. There
nro so\cral members of the colcroil rsco whom
the president knout , nnd of whom ho think *
very well.
HIS 8RLKCTION
bo rnnilo from such men as Uov. C. &
Smith of Bloomington , Wright , of Cincinnati ,
Mathcws , of Albany , nod Qeorgo T , DownIng -
Ing , of Hhodo IiUnd , Yestorilav , when bo
crtu'.icd Chad' , the editor of The Bco , so
thoroughly , tie defined his position \ery fully
to the other members of the declaration , He
asBined the in that ho should protect them In
all their rights ; that the party ho represented
would redeem all the pledges It had made for
the full and equal protection and recognition
of the colored people. Ho told them to respect
tiifimsoKcB , to respect the law , to ncqutro the
habit of thlukim ; of themselves as American
citizens on a perfect equality with white citi
zens , nnd not as n particular sot , apart from
the white pcoplo , with ppoclnl necessities nnd
nmbitlone , and above nil ho warned them to
bownro of putting too much confidence in dls
reputable loaders of tholr own color , Their
grent dancer , ho told them , wns of trusting
theimolvos implicitly to unworthy men of
their own rnco Ilka Chime , who used them
simply to promote their private ambitious mid
interests ,
SEARCHING PBISONERS ,
How tlio Occupants ot tlio < ltl are
"Held Up" A Can of Dynamite.
'Got any valuables with you any
money jewelry , knives , revolvers , in-
zors , or any thing of that sort about you ? "
asked Ed Gorman , the Apollo , who pre
sides over the city jail and rejoices In the
Title of Deputy Marshal , to a prisoner
the other night. The unfortunate was
made to "shell out" the cntlro content *
of his pockets , which amounted to a
small fortune , and being thus lightened
was stotrod away in ono of the cells.
"Why Ia tbat you rob the poor man of.
allhohas ? " asked a reporter , who witnessed
the operation , "Why ? welt for ono thing
wo w nt to ba sure that ho Is carrying no
concealed weapons about him , with which
ho canld hurt himself or any of the other
prisoners. Very often prisoners hive
tools about them , tco , with which ,
as Econ as they are left alone
they will try to effect an escape. Of
course , it la not very probable tbat they
would sacseed , but we don't propose to
give them any chance. Then , nRain ,
most of our boarderj , when they enter
npon their sojourn in thia hotel nro. pos
sessed of various amounts of money , jew
elry , and valuables of every description.
Wo very often have to put two or more
In a cell , and you can BCO that if a man
wcro allowed to spend the night with hi *
pockets full of cash or valuables , iu com
pany with a crook , ho would bo very
liable to wake up In the morning , and
find hlmeclf minus. So when wo clear a
man of all ho lisa on hla person before
assigning him to a cell , we pub all the
atuff in ono package , mark itithhie
proper name und stow it away. When
he IB released , his po-uesaloiis are turned
over to him. "
"I eupposo you make queer finde
on some of your prisoners ? "
"Yea , it Is a vary common thing to Gnd
all sirta of outlandish trinkets upon
them , but I think the queerest discovery
'
I ever made In this way was about ton o'r
twelve months ego. There was
darkey who was run iu for diMnibln the
peace , claiming to riail from S . Louia. I
asked htm hU name , tu which ho replied
very readily ; I booked him on the jail
"blotter , " and then proceeded to empty
his pockets. I noticed that ono of them
appeared to have a largo cn of aomo ma
terial in it , and while taking it out I
a ked the "cullud pueson" what It was.
Ho told mo that it was
dynamite. I didn't bellevo him at the
tlmo , but yon may depend up3u it I
handled the object with rare and affec
tion. I stored it away in a secluded
place and the noit day ttok It to a chem
ist who at once pronounced it dynamite.
Since that time 1 am always very careful
how I handle pnaanora with cans In tholr
pockets "
WORLD OF SPORT ,
The Onmlin Gun Cluh-ltnso Dull
1'rosprcts.
The Omaha Gun club hold a mooting
Saturday night and oleotcd 'officer ! and
board of macagera for the entiling eeason
aa follows :
Prosldont Gaorge T. Mllla , vice prcm-
dent , J | W. Balford , secretary , and treas
urer , 0. B. Lane ; board of management ,
Dr. II. A , Worioy , Goodly Brncker and
F. S. Parmalte. The club will hold
"flhoota" every two wookc , on grounds
hereafter to bo arranged for. It baa also
been decided to hold a state tournament
during the coming ctiniaior , to which al )
other gun clubs of Nebraska will bo in
vited.
IEST YOUR BAKING POWDER TO-M1.
absolutely pur *
PI e e ntopdownon * dot tov until h t d.ta
miiiure tb > COT.P and miwll A elitmlit will not t > >
ulr4 ta il trt tli > pro nc or aromont * .
DOES NOT CONTAIN AMMONU. .
rrs inuLTuriuius ms NEVER MM (
In a million homti tor a quirUr of a c nturr 1 1 tu
lived the coniamtn * rIUbU t it ,
THE TESTJJFJHE OVEH.
PRICE BAKING POWDER CO. ,
uinu or
Dr , Price's ' Special FlayoriniEzlraols ,
Tk < ilrMM < tuM ! < < IUUiiiu4a lBrall4i r ,
3r. Price ! * Lupulln Y ast dims
Tot Light , UnJUij linvt , Th * U t Dry lUp
Y u in tb World.
POR SALE BY GROCERS.
CHICAGO. , T. LOUIE ,